INDIANA HISTORICAL SOCIETY PUBLICATIONS. VOLUME II. Number 12 E 446 .092 Copy 1 r SLAVERY PETITIONS ff tf f PAPERS JACOB PIATT DUNN. ^^""TJiANAPOLIS : LIBRARY OF CONGRESS lERRILL COMPANY. 1894. DDD17b7D5n SLAVERY PETITIONS iff INDIANA HISTORICAL SOCIETY PUBLICATIONS. 3 d f VOLUME II. NUMBER 12 (/■ s t^1 PAPERS JACOB PIATT DUNN. INDIANAPOLIS: THE BOWEN-MERRILL COMPANY. 1894. i-fe\' f '^ INTRODUCTORY. The following papers are the petitions to Congress from Northwest and Indiana Territories for the suspension of the sixth article of compact of the Ordinance of 1787, and the admission of slavery to the Territory, together with the counter petitions, the reports on them, and the accompany- ing documents. There is one — the Dearborn county pe- tition of 1808 — which appears to be wholly lost, though possibly it may yet be found in printed form, and there is probably one petition from Randolph and St. Clair coun- ties missing, though this is not certain. In addition to these I have included the report of General W. Johnston to the Indiana Legislature in 1808, against the modification of the sixth article, and the opinion of John Johnson in Polly's case. These are the principal documents concerning slavery in Indiana, and most of them are hitherto unpub- lished, or have practically disappeared in their published form. The object of this publication is simply to gather and preserve them. The consideration of their origin, their significance and their results forms the greater part of my "Indiana" in the American Commonwealth Series, to which are referred those who may be interested in the subject. J. P. DUNN. Indiana-poUs ^ February 8, iSg-f.. (3) SLAVERY PETITIONS AND PAPERS THE PETITION OF 1796. (Am. State Papers. Public Lands, Vol. I, p. 6i.) To the Senate and House of Representatives of the United States of America in Congress assembled, the humble petition of the inhabitants of the counties of St. Clair and Randolph, in the Illinois country, respectfully shoiveth : That the sixth article of compact contained in the ordi- nance of Congress' of 1787, for the government of the Territory Northwest of the Ohio, which declares "That there shall be neither slavery nor involuntary servitude in the said Territory, otherwise than in the' punishment of crimes," is, as your petitioners humbly conceive, not only contrary to the promise and assurances made them, on behalf of the State of Virginia, by the then Colonel, after- wards Brigadier-General George Rogers Clark, on his taking possession of this country in the name of the said State, whose troops he then commanded, but also contrary to an express fundamental principle in all free countries, '• that no ex -post facto laws should ever be made." Your petitioners then were, and now are, possessed of a number of slaves, which the article above recited seems to deprive them of, (perhaps inadvertently,) without their con- sent or concurrence. It may be said, as it is the better opinion, that all such as were slaves at the date of that ordinance are to continue so during their lives ; but then it is also said that the issue of such slaves, born after that (5) 6 SLA VERY PETITIONS AND PAPERIS. period, are absolutely free. Your petitioners, however, humbly contend that such after-born issue are as much slaves as those born before, because the owners of their parents have and, as your petitioners humbly conceive, always had as fixed and incontrovertible a right to, and interest in, the future issue and increase of such slaves as they have to the slaves themselves. That, notwithstand- ing the articles in the said ordinance are said to be "Arti- cles of compact between the original States and the peo- ple and States of the said Territory," it is, however, a truth that they were made ex farte by the original States only ; for sure your petitioners are that, if the people then in the Territory had been called upon to make such compact, they never would have consented to enter into one that would deprive them of their most valuable property. Your petitioners humbly hope they will not be thought presumptuous in venturing to disapprove of the article con- cerning slavery m toto, as contrary not only to the interest, but almost to the existence of the country they inhabit, where laborers can not b'e procured to assist in cultivating the grounds under one dollar per day, exclusive of wash- ing, lodging and boarding ; and where every kind of trades- men are paid from a dollar and a half to two dollars per day ; neither is there, at these exorbitant prices, a suffi- ciency of hands to be got for the exigencies of the inhab- itants, who, attached to their native soil, have rather chose to encounter these and many other difficulties than, by avoiding them, remove to the Spanish dominions, where slaverv is permitted, and consequently, the price of labor much lower. Your petitioners do not wish to increase the number of slaves already in the dominions of the United States ; all they hope for or desire is, that they may be permitted to introduce from any of the United States such persons, and such only, as by the laws of such States are slaves SLAVERY PETITIONS AND PAPERS. 7 therein. This request, your petitioners humbly hope, will not be objected to as unreasonable, even by the greatest opposers to slavery, seeing they do not pray for the intro- duction of any foreign slaves into the Territory. It is laid down by Blackstone, in his Commentaries, Vol. I., pages 424, 425 : "That a slave or negro, the moment he lands in England, becomes a freeman, that is, the law will protect him in the enjoyment of his person and prop- erty. Yet, with regard to any right which the master may have acquired to the perpetual service of John or Thomas, this will remain exactly in the same state as before ; for this is no more than the same state of subjection for life, which every apprentice submits to for the space of seven years, and sometimes for a longer term. And whatsoever service a negro owed to his American master, the same is he bound to render when brought to England." It may then be clearly deduced from the above authority, that any person purchasing, or otherwise acquiring a slave in any of the States, is entitled to his perpetual service in this Territory as a servant ; but, as a diversity may happen in the opinions of different judges, your petitioners, therefore, humbly desire and request, should it, in the wisdom of Congress, be thought unadvisable to repeal the article concerning slavery m toio, that a law may be passed de- claratory of the above maxim laid down b}- Blackstone, but under such regulations as may be thought necessary ; and that, in such case, it may be thereby declared how far, and for what period of time, the masters of servants are to be entitled to the service of the children of parents born during such servitude, as an indemnity for the ex- pense of bringing them up in their infancy. This mode, it is humbly conceived, will obviate any ob- jections that may be made to the continuation or introduc- tion of slavery into the Territory, even by its most strenu- ous opposers ; will undoubtedly ameliorate the condition 8 SLAVERY PETITIONS AND PAPERS. of those who, being slaves in the United States, may be so fortunate as to be brought into the Territory as servants for life ; and will be the means, perhaps, in a great de- gree, of attaining that object so much wished for by some — "a gradual abolition of slavery." And your petitioners further beg leave to represent that the resolves of Congress, of 20th June and 29th August, 1788, making a donation of four hundred acres of land to each of those who were heads of families in the Illinois country, in the year 1783, do, generally speaking, direct the same to be laid off on lands the private property of different inhabitants in the respective villages therein, who claim the same by virtue of grants made thereof, in fee, by the former Governments of the country ; and that, especially, every foot of land (Fort Chartres excepted) between the ridge of rocks and the River Mississippi, and between the mouth of the River Kaskaskia and the villages of Kaskaskia, Prairie du Rochers and St. Phillip's and for several miles upwards, is private property, the same having, as before mentioned, been granted and conceded in fee by authority of the French Government, and now owned and occupied by divers private individuals. And they beg leave also to observe that the lands on the face of the said ridge of rocks, and for some distance in the rear are broken limestone lands, full of sink-holes, with, in general, but a very thin soil, and in many places none at all, the rocks appearing on the surface, so that they are not of any present value or utility ; that there is, however a body of good farming lands on the Kaskaskia River, a few miles above the village of that name, at a place called "the Long Prairie," where they would wish to lay their donation lands on ; and, as it was the humane intention of the then Congress to give such of your petitioners as are entitled thereto such lands as would prove a resource to them whenever the Indian trade should be exhausted, and SLAVERY PETITIONS AND PAPERS. 9 which is now in a manner entirely decayed, they can not but hope that they will be permitted to lay the same at that place, the Indian titles to which, they are credibly in- formed, are extinguished. This method of laying off the donation lands in one compact body will, they humbly submit, be more beneficial to the United States than lay- ing them off according to the last law, in four different bodies, for the four respective villages. And your petitions further show that, by a late law of the United States, it is ordained that the expense of sur- veying the lands belonging to the inhabitants of Vincennes should be defrayed by the public ; and as the same reasons which conduced to the making of that law maybe equally applied to the Illinois country, they have every reason to hope that no distinction will be made between the inhabi- tants of both places, and that, therefore, the beneficial effects thereof will be also extended to them. Your petitioners, therefore, humbly pray that the sixth article of compact in the ordinance of 1787 may either be repealed or altered, so as to give permission to introduce slaves into the said Territory from any of the original States, or otherwise ; that a law may be made permitting the introduction of such slaves as servants for life, and that it may be enacted for what period the children of such servants shall serve the master of their parents. That the expense of surveying their lands may be paid by the United States ; that they may be permitted to lay their donation of four hundred acres of land at the said prairie, called the Long prairie, and running up the River Kaskas- kia. in such form as may be directed by law for quantity ; and that they may have such further and other relief in the premises as to the justice and wisdom of the United States may seem meet. And your petitioners, as in duty bound, shall ever pray, etc. lO SLAVERY PETITIONS AND PAPERS. For and on behalf of the inhabitants of the said coun- ties of St. Clair and Randolph. John Edgar. Wm. Morrison. Wm. St. Clair. John Dumoulin. ICaskash'a, 'Jaiiuary 12, 17^6. Report on the Preceding Petition. (Am. State Papers. Public Lands, Vol. I, p. 60.) 4th Congress. ist Session. The Exchange of Certain Donations of Land in the Northwestern Territory. Co}nmu?iicated to the House of Representatives, May 12, 1796. Mr. Coit, from the committee to which was referred the petition of John Edgar and others, in behalf of the inhab- itants of the counties of St. Clair and Randolph, in the Illinois country, made the following report: That the petitioners pray for some alteration or modifi- cation of that part of the ordinance of Congress, passed on the 13th day of July, 1787, for the government of the Territory of the United States northwest of the River Ohio ; which declares it as one of the "articles of compact be- tween the original States and the people and States in the said Territory, and forever to remain unalterable, unless by common consent; that there shall be neither slavery nor involuntary servitude in the said Territory." The petitioners being only four in number, and produc- ing no power by which they claim to petition, even in be- half of the inhabitants of the said counties ; and no evi- dence appearing of the wishes of the rest of the inhabitants of the said counties ; and your committee having informa- tion that an alteration of the ordinance, in the manner prayed for by the petitioners, would be disagreeable to SLA VERY PETITIONS AND PAPERS. j i many of the inhabitants of the said Territory : they have conceived it needless to enter into any consideration of the poHcy of the measure, being persuaded that, if it could be admissible, under any circumstances, a partial application, like the present, could not be listened to ; they are, there- fore, of opinion that this part of the prayer of the petition ought not to be granted. The petitioners further state that, by a resolve of Con- gress, passed on the 20th day of June, 1778, provision was made for laving off certain lands to the heads of families residing in the Illinois country ; and that a great part, if not the whole, of the locations where the said lands were ordered to be laid out is covered by titles acquired under the ancient Government of the country ; and that part of the said locations is rocky and of little value : wherefore, they pray that the said lands may be ordered to be laid out in a different place, and at the public expense. The committee find that, by the said resolve, the Gov- ernor of the Territory of the United States, Northwest of the River Ohio was authorized and directed to lay out, as a donation to each of the families residing in the several villages of Kaskaskia, Kahokia, La Prairie du Rochers, Fort Chartres, and St. Philip's, four hundred acres of land, in three parallelograms, adjoining to the villages of Kas- kaskia, La Prairie, du Rochers, and Kahokia, and be- tween the River Mississippi and a ledge of rocks which runs from the Kaskaskia to the River Illinois, at the public expense. That, by an act of Congress, passed on the 3d of March, 1791, the said Governor was authorized and di- rected to confirm all lands which had been actually im- proved and cultivated, at Vincennes or in the Illinois country under a supposed grant of the same, by any com- mandant or court claiming authority to make such grant to the persons who have made such improvements, or such parts thereof, as he, in his discretion, might judge reason- 12 SLANERY .PETITIONS AND PAPERS. able, not exceeding, to any person, four hundred acres ; and the said Governor was further directed to lay out the said donation lands agreeably to the said resolve of the 20th of June, 1788. The committee are not informed that any proceedings have been had under the resolve or act aforesaid, as rela- tive to the people living at Kaskaskia, La Prairie du Rochersy. Kahokia, Fort Chartres, or St. PhiHp's ; and are informed by the Governor of the Northwestern Territory that the locations pointed out in the said resolve for the said donation lands are nearly, if not entirely, covered by grants made under the ancient government of the country, or by irregular grants, which are confirmed by the act aforesaid. By the late Indian treaty, Post Vincennes, on the Wa- bash, and the lands adjacent, of which the Indian title has been extinguished, and the lands at all other places in the possession of the French people, and other white settlers among them, of which the Indian title had been extin- guished, are reserved to the United States ; whether the lands on which the petitioners pray to have their donations laid are included within these reservations does not ap- pear with certainty, although it is presumed they are not claimed by any Indian tribe. It not appearing how much of the lands, on which the said donations were originally directed to be laid, is not cov- ered by the said ancient grants, and it being probable that there does not remain uncovered by the said grants a sufficiency for satisfying the said donations, the public faith engaged to the people settled at those villages seems to require that some further provision should be made. The committee, therefore, submit the following resolu- tion : /Resolved, That the Governor of the Territory Northwest of the River Ohio be authorized and directed to cause to SLAVERY PETITIONS AND PAPERS. 13 be laid out certain donation lands to the inhabitants of the villages of Kaskaskia, La Prairie du Rochers, Kahokia, Fort Chartres, and St. Philip's, in manner as directed by a resolve of Congress of the 20th of June, 178S, on any lands of equal value v^ith those in the location directed by the said resolve, in the vicinity of those villages, which are the property of the United States, and to which the Indian title has become extinct. PETITION OF OCTOBER 1, 1800. (Copy of Original Paper. Senate Files.) To the Senate and House of Representatives of the United States of America in Congress Assembled, the humble petition of the inhabi- tants of the counties of Randolph and St. Clair, in the Indiana Terri- tory, respectfully shewcth: That your Petitioners and their forefathers, Inhabitants of the Illinois country prior to the ordinance for the gov- ernment of the territory of the United States north-west of the River Ohio, possessed a number of Slaves, with whose assistance in the Cultivation of the Earth, together with the Indian Trade, which was then considerable, they lived in affluence ; that those slaves were held under the laws of French and English Government, and also under the laws of the State of Virginia during the time this Country was esteemed a part of that State ; that on the arrival of Gov- ernor St. Clair, in the year one thousand seven hundred and ninety, your Petitioners were surprised and grieved to find, from the first official Information given them, that an Ordinance had been made by Congress for their Govern- ment which, in effect, tended to deprive them of their most valuable property, and which in its Consequence, as was then easily foreseen, has reduced them to the most abject state of Poverty and distress, the most wealthy of the In- 14 SLA VERY PETITIONS AND PAPERS. habitants having immediately removed with their families and Effects into the Spanish Dominions ; that the Emigra- tion from sundry parts of the United States into the Span- ish Province of Louisiana is immense, much more so than is generally thought, and among them numbers of wealthy, reputable and industrious persons, all, or the most part of whom, but for the absolute prohibition of Slavery or Servi- tude, would settle in this Territory. Although your Petitioners are opposed to an uncondi- tional state of Slavery, and venerate the philanthrop}' which caused the prohibition of it and of involuntar}^ Servitude in the Ordinance for the Government of the Ter- ritory, yet they can not but entertain the hope that a mode adapted as well to ameliorate the Condition of the unfortu- nate people concerned as to establish a gradual abolition of Slavery will meet with your approbation. The mode your Petitioners wish and pray you to adopt is to permit of the Introduction into the Territory of any of those who are Slaves in any of the United States who, when admitted, shall continue in a state of Servitude dur- ing their natural lives, but that all their children born in the Territory shall serve the males untill thirty-one and the females untill twent3'-eight, at which time they are to be absolutely free. To the adoption of such a modification of Slavery your Petitioners can not conceive any well founded objections will be made. It can not but meet with the support of those who are friends to the gradual abolition of Slavery, and your Petitioners can not entertain the Idea that any will be found to oppose a measure which in the course of a ver\' few years will, in all human proba- bility, rescue from the vilest state of Bondage a number, and without doubt a considerable number, of Souls 3'et un- born. Your Petitioners do not wish to increase the num- ber of Slaves in the United States by the introduction of any from foreign Dominions. Their wishes, on the con SLA VER Y PETITIONS AND PAPERS. 1 5 trary, tend considerably to diminish the number by eman- cipating those who, whether born in the United States where their parents reside or removed into the Spanish Dominions, would otherwise be born Slaves. And your Petitioners further shew that they experience all the Inconvenience arising, as well from a want ot a suffi- ciency of Lands open to a settlement to admit of a popula- tion adequate to the support of ordinary County Establish- ments as from the want of publick roads and houses of Entertainment to the seat of Government. That without the beneficent interposition of the United States in extinguishing the Indian Titles, if any exist, to the lands in their neighborhood, and in granting certain tracts of lands between the Illinois and Vincennes at the distances of a day's Journey each from the other to those who would open roads between those places and keep houses of Entertainment thereon, they must continue to endure those Inconveniences which become daily more felt from the increase of Business and intercourse between the seat of Government and this Country. Your Petitioners beg leave to observe that the Kaskaskia Tribe of Indians, who alone can claim the Country in their neighborhood, do not exceed fifteen in number, and that their Title may be purchased on very easy and moderate terms. And, lastly, your Petitioners shew that for many years prior to the Treaty of Greenville they suffered innumerable acts of Cruelty from the Indians in their neighbourhood ; that they fondly hoped that Treaty would have secured them from a repetition of the former depredations. They have, however, sincerely to lament that their hopes have not been realized, but that as an extensive defenseless frontier they are daily exposed to their depredations, and will continue to be so unless protected by the Establishment of one or two Garrisons in the Country. l6 SLAVERY PETITIONS AND PAPERS. Altho, your Petitioners are not immediately repre- sented in tlie Congress of the United States, they have, nevertheless, from Experience, the Satisfaction to know that their Interest and Welfare are always attended to in your honourable Houses. They, therefore, humbly pray : 1. That the sixth Article of Compact contained in the Ordinance for the Government of the Territory may be so modified as to admit of the Introduction of Slaves from any of the United States, to continue as such for their natural lives, but that the issue of such Slaves born in the Territory may be declared free — the males at 31 and the females at 28 years. 2. That the Indian Titles, if any exist, to the lands in their neighbourhood, viz. : From the rocking Cave on the Ohio, which is situated about forty miles above Fort Massac, thence in a northerly course untill it meets the Illinois river, thence down that river to its discharge into the Mississippi, thence down the Mississippi to the mouth of the Ohio, thence up the Ohio to the place of Beginning, may be ex- tinguished and then sold to Settlers. That tracts of land at the distance of a day's Journey from each other may be ceded to those who will undertake to open a Road between the Illinois and Vincennes, and keep houses of Entertainment thereon for five years at least to come for the accommodation of Travellers. And that one or two Garrisons may be established in the Country, or that such other mode may be adopted for the Relief and for the Encouragement of the Settlement of this frontier part of the union, as to you, in your Wisdom, shall seem meet. And your Petitioners as in duty bound shall ever Pray, etc. SLAVERY PETITIONS AND PAPERS. 17 1st October, 1800. J no. Rice Jones, J. Edgar, Joseph McFerron, Robert Morrison, Js. Edgar, Jesse Morrison, Nathaniel Crapper, Thos. Crapper, Antoine P. An tire. Baptist Fortian, Jeremy Downey, Jean Adrian Lanaurd, Michel Paitque, Batite Lachapelle, Chariot Boutin, Batiste Chenbeurlend, Enris Bienvenues, Josephe Page, Michel Danij, John Kidd, Josefe Toutous, Allexe Bowie, Joseph Bovoiet, Joseph Navanel, Michel Danij, Robt. McMahon, David Barber, La Sonde, Jacques Boutitinte, Antoine Louviere fils, Etien Langlois, Baptiste Cotineau, Josephe Blay, Compte, Duclos, Andre Barbau, Baptiste Lajoye, Baptiste Perrin, Pierre Pana, R. Calhoun, John CrafFord, H. Biggs, William Morrison, Moses Oliver, James Morrison, Jean Guittarre, Diego Rodrigues, Leon Crapper, G. Hutte, Wm. King, Miles Hotchkiss, Joseph Kicket, Hipolite Menard, Antoine Lachapelle, Toussin Sinical, Louis Chenbeurlend Louis Chenbeurlend Jendron Perre, Baptiste Jendron, Dani, Antolnne Danij, Antoine Provo, Batiste Toiniche, Jerom Bowie, Cola Buaijte, John Spannart, Bte. Barbau, Ch. Louvin, Bois, Pierre Ahar, Tourgoie, Auguste Ahar, Pierre Compte, Nichola Olivier, D'amour Louviere, George Wittmer, Decochy, Domingue, Joseph Vasseur, Toiton, William Akerman, James McNabb, John Wheeldon, John Hay, Basil Lachapelle, Pier Perat, Leon Perat, Joseph Archanbot, Fransoit Toutous, Louis Lachapelle, Michel Toutous, Louis Morin, Louis i3uatte, Loui Francois, John Baptiste Moutrie, John Baptiste Moutrie, Jun'r, Francois Ruseau, Pierre Le Paneie, Anthony Moutrie, Charles Jandron, Josephe Jendron, Chatti Danij, Josefe Hieviere, Vitti Hieviere, Michel Hievieie, John Doyle, Alexis Bovoiet, Antoine BienvenuePere, Francois Camus, Louis Periaux, Antoine Cotineaux, Ren^ Coder, Baptiste Coder, Joseph Lavoir, Lionay, Jacques Degagniez, Pierre Degagnier, Ambrose Vasseur, Francois Langlois Pierre Lajoye, Charles Langlois, Joseph Coder, Tusente Baverelle, S. A. Boyles, William Goinges, Daniel Thorn, li SLAVEnr PETITIONS AND PAPERS. Shadrach Bond, Denis \'alanten, Geo. Blair, George Atchison, James Cremour, B. Saucier, Js. Dumoulin, Perrev, his his P>ancois X Grondine, Jean X Meunier, mark. mark. James H. Tate, John Singleton, William Scott. Sen'r, Hendry Mall, Joseph Heris, John Whiteside, William Scott. Jiin'r, his Louis X LeBrun, mark, his Michette X Pitette, mark. Parat Siteng, Pierre Cheautien, Francois Charpage, T. Brady, Wm. Whiteside, Fr. Turgotte. Louis Pinsoneau, Louis Poisson, John Ritchie, Jun'r, George Atcheson, John Marney, Wm. Anderson, Samuel Stroud, Adam Stroud, Henry and John O'Hara, James Wilson, John Kinzic. Wm. Jonston, William Chalfin. James Dunn. Amos Chalfin. James Henderson, Abraham Kinney, Jacob Short, Abram Clark. David Waddell, John Caldwell, his Antoin X Veaudrv, mark. N. Biron, Arren Gettie, Pe Laperche, Therese Chouteau, Henry Hatten. Jean Dehai, Pierre Guerion, B. Dubuque, Alexander Waddell, Davies Waddell, Jesse Waddell, Jehu Scott, John Dimpsev, Patt Honeberry, Wm. Porter. George Roberts, William Robins, Daniel Star, John Nowlanti, George Ritcheson, Isaac Vannatre, Michel Ryan, Prince Bryant, John Haj-es, William Arundel, Robert Hamilton, his Louis X Le Compte, mark. Etn. Pinsono, Louis Petit, his Joseph X Poupard, Jun"r, mark. Joseph Poupard, Sen'r, his Nicolas X Boismeneu, mark. William Nichols, Baguine, Jean Louis St. Germain, Michel Beaulieu, Jean Beaulieu, Francois Chanalle, Michel Lagrave, Francois Deinet, Louis Dubois. N. Garrote, James Waddell. Samuel Kinkead, Jan Hendick Van der Poel- Henry Cook, Ichabod Badglcy. Aaron McDaniels, Solomon Tetcr, Solomon Shook, Robert Lemen, Daniel Sink, John Robins. CJeorge Vallantine, Cah'in Curry, 'i'homas Todd. Daniel Mull. Clement Drury, SLAVERY PETITIONS AND PAPERS. 19 W. Hull, William Drury, George Fisher, John Fisher, William Alexander, John Grooms, W. E. Morrison, Francis Le Meaud, Blaise Barutal, T. Newburg, Joseph Trotier, St. Aldieumet, Amos Pettit. William McGloghton, Robert Smith, William Dunn, William Kinney. Clement Drury, Parker Grosvenor, AUexy Doza, Louis Le Meaud, Robert McMahon, W. Willson, William Kelly, Abraham Kennev, (Address on back.) " To the Honorable, the Senate and House of Representatives of the United States of America." (Indorsement.) "The Petition of Inhabitants of Indiana Territory." January 23, iSoi. L. 6 Cong., 2nd Sess. Raphel Drury, Henry Jones. Sam'l S. Spencer, Roger Selden, Ralph Drury, T. Morrison, Clodius Le Meaud, Michael Smith, Abraham Levin, David Palmier, James Anderson, Joseph Kenney. Note. — No report was made on this petition. It was laid on the table when presented, and no further action was taken. Annals 6th Congress, P- 73S- PETITION OF THE VINCENNES CONVENTION. (Copy of original paper. House Files.) To the Senate and House of Representatives of the United States in Congress assembled, the memorial and Petition of the Inhabitants of the Indiana Territory 7-espect fully She'vcth: That nine-tenths of 3^our memorialists being of opinion, that the sixth article of Compact contained in the ordi- nance for the Government of the Territory has been ex- tremely prejudicial to their Interest and welfare, requested 20 SLA VERY PETITIONS AND PAPERS. the Governor by petitions from each of the several coun- ties to call a general convention of the Territory for the purpose of taking the sense of the whole People by their Representatives on a subject to them so interesting and of afterwards taking such measures as to them might seem meet by petition to your honorable Bodies not only for ob- taining the repeal or suspension of the said article of Com- pact but also for that of representing and Petitioning for the passage of such other Laws as would in the opinion of the Convention be conducive to the general welfare, population and happiness of this distant and unrepresented portion of the United States. This convention is now sitting at Vincennes and have agreed to make the following representations to the Con- gress of the United States, not in the least doubting but that everything they can desire (not prejudicial to the Con- stitution or to the Interest of the General Government) will readily be granted them. The Sixth article of Compact between the United States and the people of the Territory which declares that there shall be neither slaver}^ nor involuntary servitude in it has prevented the Country from populating and been the reason of driving many valuable Citizens possessing Slaves to the Spanish side of the Mississippi, most of whom but for the prohibition contained in the ordinance would have settled in this Territory, and the consequences of keeping that prohibition in force will be that of obliging the num- erous Class of Citizens disposed to emigrate, to seek an Asylum in that country where they can be permitted to enjoy their property. Your memorialists however and the people they rep- resent do not wish for a repeal of the article entirely, but that it may be suspended for the Term of Ten Years and then to be again in force, but that the slaves brought into the Territory during the Continuance of this Suspension SLAVERY PETITIONS AND PAPERS. 21 and their progeny, may be considered and continued in the same state of Servitude, as if they had remained in those parts of the United States where Slavery is permitted and from whence they may have been removed. Your memoralists beg leave further to represent, That the quantity of lands in the Territory open for Settlement is by no means sufficiently large to admit of a population ade- quate to the purposes of Civil Government. They therefore pray that the Indian titles to the land lying between the settled part of the Illinois country and the Ohio, between the general Indian boundary line running from the mouth of the river Kentucky and the tract commonly called Clark's Grant and between and below the said Clark's Grant and the Ohio and Wabash Rivers, may be extin- guished ; and as an incouragement for a speedy popula- tion of the Country that those lands and all other public •lands in the Territory may be sold in Smaller Tracts and at a lower price than is now allowed by the existing Laws — A purchase of most of the Country above men- tioned but more especially of that part lying between the Illinois and the Ohio it is conceived may be easily ob- tained from the Indians and on very moderate and advan- tageous Terms. Several persons (as your memoralists are informed) having settled on the public lands in this Territory with the intention of purchasing the same when offered A. for sale by the United States are fearful that advan- tages may be taken of their Improvements to enhance the Price — Your Petitioners therefore pray. That a law may be passed for their relief, giving the right of Pre- emption to all those who ma}'^ have so settled on the pub- lic lands, and also as one of the more sure means of pop- ulating the Country as of enhancing the value of the United States lands remaining undisposed of in the Ter- ritory. They further pray, that provision may be made 22 SLA VERY PETITIONS AND PAPERS. in the said Law for securing a certain part of every Sec- tion of Such pubhc land to those who will actually settle and cultivate the same. The United States having pledged themselves in the Ordinance that Schools and the means of Education should be forever encouraged, and having in all the Sales of land heretofore made, reserved considerable portions thereof for that purpose. Your memorialists, therefore, humbly pray that a law may be passed making a grant of lands for the support of Schools and Seminaries of learning to the several Settle- ments in the Illinois, the Settlement of Vincennes, and that of Clark's Grant, near the Rapids of the Ohio. The means of communication as well between the sev- eral Settled parts of the Territory as between the Territory and the State of Kentucky, being extremely difficult and inconvenient, as well for want of good Roads as for want of houses of Entertainment, and as neither of those objects can be obtained otherwise than by application to the United States who own or may own the lands through which the said Roads must pass. Your memorialists, therefore, further pray that a law may be enacted granting to such persons as the Governor of the Territory may recommend, Four hundred acres of land to each in such places as the said Governor may designate, not exceeding the distance of Twenty miles from each other, on the road leading from Clark county to Knox county, and from Vincennes in the said County to the Bank of the Ohio opposite to the town of Henderson, in Ken- tucky ; also from Vincennes to Kaskaskia, in Randolph county, and from thence to Lusk's Ferry on the Ohio, who will open good waggon roads and Establish houses of En- tertainment thereon for Five Years, under such restrictions as to your Wisdom may Seem Necessary. SLAVERY PETITIONS AND PAPERS. 23 And your Memorialists further beg leave to represent that one of the most indispensable articles of life (Salt) is very Scarse and difficult to be obtained, That for the want of a sufficient number of Salt Springs in their Country, that difficulty must increase with the population, and if effectual methods are not taken to secure the Timber in the neigh- bourhood of the Salt Springs from being willfully or care- lessly wasted and destroyed, they will in a very few years indeed be utterl}' destitute of that very valuable article ; that there is but one Salt Spring known in the Country of any value, and that is situate below the mouth of the Wabash River, Commonly called the Saline, and is very advanta- geously placed for the accommodation of most of the In- habitants of the Territory, and has, moreover, been lately ceded by the Indians to the general Government. Your memoralists, therefore, humbly pray the Congress of the United States to extend their Bounty to this Terri- tory as they have lately done to that Northwest of the Ohio, and vest the said Salt Spring in the Legislature of the Ter- ritory, as soon as it is formed in trust, for the use of the Territory, and untill the Legislature be formed, that the management of said spring be committed to the Governor of the Territory, or to such other person as the President of the United States may think proper to appoint. By a Resolve of Congress of the 29th August, 1788, confirmed by an Act of the United States of the 3d March, 1 791, a donation of Four hundred acres of land C. is given to each of those persons who were heads of Families in the Illinois Country on or before the year 1783, which the Governor of the Territory was directed to cause to be laid off to the several claimants in a form of a Parallelogram adjoining the several Villages therein men- tioned. The v/hole of the lands adjoining those Villages were 2 A SLA VERY PETITIONS AND PAPERS. before the passage of the above Resolve the private prop- erty of Individuals who claimed the same by Virtue of old grants made to them and their ancestors during the time of the French government so that the Governor could not cause the said donation to be laid off in the form and man- ner designated by the said Resolve. This has been very detrimental to the several Grantees, and in a great measure prevented the further population of the Country, your memorialists however beg leave to observe, that if the said donation lands are directed to be laid off in distinct Bodies for each Village, by far the great- est part of them must from the Very large and extensive Prairies with which the whole of that country abounds be wholly and absolutely useless through the entire want of Timber. Your memoralists therefore pray you to take the situa- tion of the antient Inhabitants of the Illinois Country into Consideration and as the humane Intention of Congress was to give such lands as would be useful, that you will permit the said Grantees, their Heirs and assigns es- pecially after a period of Fourteen years, to locate their said donation of Four hundred acres of land in separate Tracts, in such parts of the Illinois Country to which the Indian titles may have been extinguished, and that the Governor of the Territory may be authorized to issue Patents therefor. This permission to locate the lands in separate Tracts, will not it is conceived be prejudicial to the United States, as the value of the lands in the neigh- bourhood of each Settled Tract will thereby be con- siderable augmented. Your memoralists further shew that they view that part of the ordinance for the Government of the Territory which requires a freehold qualification in fifty acres of land as Electors for members to the general assembly as SLA VERY PETITIONS AND PAPERS. 25 subversive of the liberties of the Citizens and tending to throw too great a weight in the Scale of wealth — They therefore pray that the right of Suffrage (in voting for representatives to the General assembly) may be extended to the free male Inhabitants of the Territory of the age of Twenty one years and upwards, but under such Regula- tions and Restrictions as to you in your Wisdom may seem proper. Since the Erection of the Territory into a separate Gov- ernment, the Attorney General thereof has prosecuted not only for offenses committed against the Municipal Laws of the Territory but also against the Laws of the United States, and has been obliged at three different Times to travel one hundred and sixty miles, from his home to the seat of the Territorial Government to prose- cute offenders against those Laws, and yet he has re- ceived no Compensation for his Services either from the United States or the Territory, nor is it probable that the Territory can afford to allow him any Salary for his future services. Your memorialists, therefore, pray that a Law ma}- be passed allowing a Salary to the Attorney-General of the Territory adequate to the important services which are rendered by that officer to the United States as well as to the Territory. Your memorialists are well aware that the consideration of the numerous objects contemplated by this memorial will require more time than can well be spared from the important and general concerns of the Union, but when they reflect upon their neglected and orphan-like Situation they are emboldened to hope that their wants and wishes will meet w^ith all the indulgence and attention necessary 26 SLAVERY PETITIONS AND PAPERS. to secure to them the reHef which is so essential to their welfare and happiness. Done at Vincennes in the Indiana Territory the twenty-eighth day of December in the Year of our Lord One Thousand Eight Hundred and Two, and of the Independence of the United States the Twenty-Seventh. By order of the Convention. WiLLM Henry Harrison President & Delegate from the County of Knox. Teste John Rice Jones Secy Note. — This is the seal of Indiana, setting sun, buffalo and man cutting tree, but not the same as now — the buf- [SEAL.] falo's tail is down and the head is opposite the sun. The word Indiana is on a scroll in the branches of the tree. Indorsements. No. 4. Memorial and petition of the in- habitants of the Indiana Territorj signed by order of a convention of the said inhabitants by William Henry Harrison, their President. 8th February, 1803. Referred to Mr. Randolph Mr. Griswold Mr. Robt. Williams Mr. Lewis R Morris and Mr. Hoge. 2nd March, 1803, report made and referred to a committee of the whole House to-morrow. 13th December, 1803, referred to Mr. Rodney, Mr. Boyle, and Mr. Rhea (of Tennessee.) 17th February, 1804. Report made and referred to a committee of the whole House on Monday next. i8th December, 1805. Referred to Mr. Garnett, W. Morrow of Ohio, Mr. Parke, Mr. Hamilton, Mr. Smith (of So. Caro- lina), Mr. Walton and Mr. Van Cort- landt. 13th February, 1806. Select com'ee dischd. from so much as relates to donation and preemption right to lands and to the salt springs, and the same re- ferred to the Committee on the public Lands. 14th Feb'y 1S06. Rep. made and refd. to Comee who: House on Tuesday next. SLA VER Y PE TITIONS A ND PA PERS. 2 7 Resolution of Vincennes Convention. (Accompanying the preceding. Copy of original paper. House files.) We the People of Indiana Territory inhabiting the mid- dle and western Divisions of the Country Northwest of the Ohio, do by our Representatives in general Convention assembled, hereby agree that the operation of the Sixth Article of Compact between the United States and the people of the Territory should be suspended for the space of ten years from the Day that a law may be passed by Congress giving their Consent to the Suspension of the said Article. Provided however that should no law be passed by Con- gress for suspending the said article before the 4th day of March 1805, then the Consent of the people of this Terri- tory hereby given shall be void and of no effect. Done at Vincennes in the Indiana Territory the twenty-fifth day of December one thousand Eight hundred and two, and in the twenty- seventh year of the Independence of the United States. By order of the Convention. WiLLM Henry Harrison President & Delegate from the County of Knox. Teste Jno. Rice Jones, Secretary. [SEAL.] Note.— Seal of Indiana as in preceding. Indorsement. Accompanj'ing a letter from Will- iam Henry Harrison, President of the Convention held at Vincennes in the Indiana Territory received the 8th of February, 1803 28 SLAVERY PETITIONS AND PAPERS. Letter of William Henry Harrison. (Accompanying the preceding. From Ex. Docs. 7th Cong., 2d Sess.) In Convention, ViNCENNEs, Indiana Territory, 28th December, 1802. Sir — The people of the Indiana Territory, having by their representatives in general convention assembled, de- termined to suspend, for a term of years, the operation of the sixth article of Compact between the United States and the people of the Territory, I have the honor herewith to inclose you for the information of the house of Represen- tatives, the instrument declaratory of their consent. I have the honor to be. With perfect respect. Sir, your humble servant, (By order of the convention) William Henry Harrison, President, and Delegate from the County of Knox. The Honorable The Speaker of the House of Representatives of the United States. Report on the Preceding. (Am. State Papers. Public Lands, Vol. I, p. 146.) 7th Congress. 2d Session. Indiana Territory. Coniviuuicated to the I/oiisc of Representatives, March 2, 1803. Mr. Randolph, from the committee to which was re- ferred a letter from William Henry Harrison, president of tlie convention held at Vincennes, declaring the consent of the people of Indiana to the suspension of the sixtii article of compact between the United States and the SLAVERY PETITIONS AND PAPERS. 29 people of that Territory ; also, a memorial and petition of the inhabitants of the said Territory ; made the following report : That the rapid population of the State of Ohio suffi- ciently evinces, in the opinion of your committee, that the labor of slaves is not necessary to promote the growth and settlement of colonies in that region. That this labor, demonstrably the dearest of any, can only be employed to advantage in the cultivation of products more valuable than any known to that quarter of the United States ; that the committee deem it highly dangerous and inexpedient to impair a provision wisely calculated to promote the happiness and prosperity of the northwestern countr}-, and to give strength and security to that extensive fron- tier. In the salutary operation of this sagacious and benevolent restraint, it is believed that the inhabitants of Indiana will, at no very distant day, find ample remuneri^- tion for a temporary privation of labor and of emigration. On the various objects of the memorial, your committee beg leave to observe : That, an appropriation having been made, empowering the Executive to extinguish Indian titles to lands within the limits of the United States, the particular direction of that power rests entirely with that department of the Gov- ernment ; that, to permit the location of the claims under the resolve of Congress of the 29th of August, 1788, and the act of the 3d of March, 1791 (of whose number and extent the committee are entirely ignorant) in the mode pointed out in the memorial, would be an infringement upon that regular mode of survey and of location which has been so happily adhered to in relation to the public lands. At the same time the committee are of opinion that, after those lands shall have been surveyed, a certain number of townships should be designated, out of which the claims aforesaid ought to be satisfied. In a country 30 SLAVERY PETITIONS AND PAPERS. abounding in new and unsettled lands, it is presumed that every individual may become a proprietor of the soil ; and inasmuch as the people of Indiana will, at a period not far distant, be enabled to establish the right of suffrage on such principles as the majority may approve, the commit- tee deem it inexpedient to alter a regulation whose effect is to retain in the hands of persons naturally attached to the welfare of the country the Government of a remote dependency, which, from its vicinage to the territories of foreign States, and from the sparseness of its population, might otherwise be exposed to foreign intrigue and in- fluence. Measures having been taken to put the salt spring below the mouth of the Wabash river in a situation to yield every possible benefit to the adjacent country, the committee are of opinion that it is, at this time, inexpedient to vest that pi^perty in the legislature of the Indiana Territory. From such a consideration as they have been enabled to bestow on the subject at this late period of the session, and under the pressure of accumulating business, they recommend the following resolutions, which are respectfully submitted to the judgment of the House : 1. /Resolved, That it is inexpedient to suspend, for a limited time, the operation of the sixth article of compact between the original States and the people and States west of the River Ohio. 2. Resolved, That a provision, not exceeding one thirty- sixth part of the public lands within the Indiana Territory, ought to be made for the support of schools within the same. 3. Resolved, That the Secretary of the Treasury be, and he hereby is, required to cause an estimate to be made of the number and extent of their claims to lands under the resolve of Congress of the 29th of August, 1788, and the act of the 3d of March, 1791 ; and to lay the same before this House at the ensuing session of Congress. SLA VER Y PE TIT JONS A ND PA PERS. 3 1 4. Resolved, That in all sales of the public lands within the Territory of Indiana, the right of preemption be given to actual settlers on the same, 5. Resolved, That it is inexpedient to grant lands to individuals for the purpose of establishing houses of enter- tainment, and of opening certain roads. 6. Resolved, That it is, at this time, inexpedient to vest in the Legislature of Indiana the salt spring below the mouth of the Wabash river. 7. Resolved, That it is inexpedient to alter the existing regulation of the right of suffrage within the said Terri- tory. 8. Resolved, That compensation ought to be made to the Attorney General of the said Territory, for services performed by him in behalf of the United States. Note. — It will be seen, from the indorsements on the petition of the Vincennes Convention, that it was referred year after year, in connection with kindred petitions, and was acted on long after the time fixed by the Convention as the limit of their consent to a change in the sixth article. Second Report on Petition of the Vincennes Convention. (Am. State Papers. Misc., Vol. I, p. 387.) 8th Congress. ist Session. Slavery, Elective Franchise, and Public Lands In Indiana Territory. Communicated to the House of Representatives, February 17, I8O4. Mr. Rodney, from the committee to whom were referred a letter from William Henry Harrison, president of the general convention of the representatives of the people of the Indiana Territory, also a memorial and petition from the said convention, together with the report of a former committee on the same subject at the last session of Con- gress made the following report : 32 SLAVERY PETITIONS AND PAPERS. That taking into their consideration the facts stated in the said memorial and petition, they are induced to believe that a qualified suspension, for a limited time, of the sixth article of compact between the original States and the people and States west of the river Ohio, might be pro- ductive of benefit and advantage to the said Territory. They do not conceive it would be proper to break in upon the system adopted for surveying and locating public lands, which experience has proved so well calculated to promote the general interest. If a preference be given to particular individuals in the present instance, an example will be set, by which future claimants will obtain the same privilege. The committee are, nevertheless, of opinion, that after those lands shall have been surveyed, a certain number of townships should be designated, out of which the claims stated in the memorial ought to be satisfied ; and that, for the encouragement of actual settlers, the right of pre-emption should be secured to them. They consider the existing regulations, contained in the ordinance for the government of the Territory of the United States, which requires a freehold of fifty acres as a qualification for an elector of the General Assembly, as limiting too much the elective franchise. They conceive the vital principle of a free Government is, that taxation and representation should go together after a residence of sufficient length to manifest the intention of becoming a permanent inhabitant, and to evince, by conduct orderly and upright, that a person is entitled to the rights of an elector. This probationary period should not extend be- yond two years. It must be the true policy of the United States, with the millions of acres of habitable country which she possesses, to cherish those principles which gave birth to her inde- pendence, and created her a nation, by affording an asylum to the oppressed of all countries. SLA VER Y PETITIONS A ND PA PERS. 33 One important object desired in the njemorial, the extin- guishment of the Indian title to certain lands, has been happily accomplished ; whilst the salt spring below the mouth of the Wabash river has also been placed in a situa- tion to be productive of every reasonable advantage. After a careful review and an attentive consideration of the various subjects contemplated in the memorial and petition, the committee respectfully submit to the House the following resolutions, as embracing all the objects which require the attention of Congress at this period : Resolved, That the sixth article of the ordinance of 1787, which prohibited slavery within the said Territory, be sus- pended, in a qualified manner, for ten years, so as to per- mit the introduction of slaves, born within the United States, from any of the individual States: Provided^ That such individual State does not permit the importation of slaves from foreign countries : And, provided further ^ That the descendants of all such slaves^i^,ryg*aiea*be free at the age of twenty-five years, 2^, iffemalfeS^i^ p^5>^e of twenty-one years. ^ y^ •**'--.._ xv 2. Resolved, That every w|i^ fr^e map,, df-Jthe z.^\ of twenty-one years, who has r^Mgjd wfthin the Territory, two years, and within that time pk^fc^v^itpiJIJ^lt.^^ 'which shall have been assessed six months^^efore the election, shall enjo}^ the right of an elector of members of the Gen- eral Assembly. 3. Resolved, That in all cases of sales of land within the Indiana Territory, the right of pre-emption be given to actual settlers on the same. 4. Resolved, That the Secretary of the Treasury be, and he is hereby, required to cause an estimate to be made of the number and extent of the claims to lands under the resolution of Congress of the 29th of August, 1788, and the law of the 3d of March, 1796, and to lay the same before this House. 34 SLA VERY PETITIONS AND PAPERS. 5. Resolved^ That provisions, not exceeding one-thirty- sixth part of the pubHc lands within the Indiana Territory, ought to be made for the support of schools within the same. 6. Resolved, That it is inexpedient to grant lands to indi- viduals for the purpose of establishing houses of entertain- ment, and opening certain roads. 7. Resolved^ That it is inexpedient, at this time, to vest in the Legislature of Louisiana* Territory the salt spring below the mouth of the Wabash river. 8. Resolved, That compensation ought to be made to the attornev general of the said Territory for services performed bv him on behalf of the United States. LEGISLATIVE PETITION OF DEC. 18, 1805. (Copy of original paper. House files.) To the Senate and House of Representatives of the United States in Congress assembled, the petition of the subscribers, tnembers of the Legislative Council and House of Representatives of the Indiana Territory, and constituting a majority of the tivo Houses respectively^ humbly skeiveth That inasmuch as there are several subjects of legisla- tion, material to the present and future interests of the In- diana Territory which are under the control of Congress only, they think it prudent and Just in relation to their constituents and themselves to state them for the consider- ation of your honorable body. In the first place we would submit the propriety of the introduction of slaves into this Territory. It is not from a sordid motive or one that springs merely from a view to the present circumstances and situation of this Countr3s that they urge the adoption of the measure but they con- *Evidcnt]y a misprint of "Indiana." SLAVERY PETITIONS AND PAPERS. 35 sider the subject upon principles of Justice and policy — Justice in relation to slaves and policy as it regards the Southern states. The slaves that are possessed south of the Potomac render the future peace and tranquility of those states highly problematical. Their numbers are too great to effect either an immediate or a gradual simulta- neous emancipation. They regret the African that was first landed in the Country and could wish that the invidi- ous distinction between freemen and slaves was obliterated from the United States. But however repugnant it may be to their feelings, or to the principles of a republican form of Government, it was entailed upon them by those over whose conduct they had no control. The evil was planted in the Country when the domination of England overruled the honest exertions of their fellow-citizens, it is too deeply rooted to be easily eradicated, and it now rather becomes a question of policy, in what way the slaves are to be disposed of, that they may be least injurious to the Country and by which their happless condition may be ameliorated. When they are herded together b}'^ hun- dreds they cannot be as comfortably provided for as if they were scattered in small numbers on farms. That a re- moval to the Western Territories would relieve them from many of the hardships and inconveniences to which they are now subjected they appeal to their situation in the northern parts of the states of Maryland and Virginia and the States of Kentucky and Tennessee. They do not conceive that the greatest influx of emigrants would in- crease the number of blacks to such a degree as to render them in the least dangerous to the future interests of the Territory and with submission they would suggest that dispersing them through the Western Territories is the only means by which a gradual emancipation can ever be effected. The Western Territories are immense, their situation 36 SLA VERY PETITIONS AND PAPERS. inviting, emigration astonishly great, the population west of the Ohio must chiefly be derived from the Southern and Western States where slaves are most numerous and if no restrictions were imposed but holders and possessors of blacks permitted to remove them wherever whim or caprice might dictate, they would venture to predict that in less than a century the colour would be so disseminated as to be scarcely discoverable. In the next place we submit the propriety of a repeal of so much of the ordinance of seventeen hundred and eighty seven as relates to the exercise of the right of suffrage, and that every free male of free age and resident a certain time, or such as are liable to the payment of Taxes should have a voice in all elections. Your petitioners conceive that the distinction which now exists between those who are not possessed of freehold estate, to a certain extent, is invidious and unjust ; and that taxation and representation ought to be inseparably connected. Those who contribute to the support of Government ought to have a voice in the ad- ministration thereof. Property is in no instance a test of merit or virtue and they do not believe that representative bodies will ever be purer or more solicitous for the welfare and prosperity of, and the impartial administration of jus- tice in, the country under the present restrictions that if placed upon the basis above mentioned. In the next place your petitioners would propose that the United States should cede to this Territory all the salt licks and springs in the same on condition that the Terri- tory should exempt from taxation for the Term of seven years such lands as the United States may dispose of here- after. This measure would be mutually beneficial to the United States and the Territory. It would encourage and increase a Settlement of Public lands, as nothing is more injurious to emigrants to a new country than taxation ; from the cession the Territory would obtain an adequate SLA VERY PETITIONS AND PAPERS. 37 compensation for the proposed exemption, and with due submission they believe that these licks and springs might be managed by the Government of the Territory in a manner that would render them as beneficial to the citizens of the western Country as they were under the Govern- ment of the United States. The citizens of the Territory are the most immediately interested in the Just and up- right administration of whatever relates to these important possessions and in doing Justice to themselves it is believed that they will extend their benefits as far as the necessities of the western country may require. In the next place they would submit the situation of various descriptions of claimants to land in this Territory, Under certain resolutions and acts of Congress donations of land were made to certain inhabitants thereof. The donations of four hundred acres each, to the antient in- habitants of Vincennes and the greater part of the settle- ment and improvement rights as also the claims for mili- tary services have been satisfied. But the donations for the inhabitants of the Mississippi settlers have never been located, although seventeen years have elapsed since the resolution therefor was passed by Congress. It is true that provision was made for this purpose but it was calcu- lated to destroy the end proposed, and it was also consid- ered by the Governor of the Territory that he could not carry it into effect. To locate these rights as well as oth- ers that still exist in the country in a body as has been contemplated, would destroy the munificent object which Congress had in view in making the donations. The prairies comprise much the largest portion of the Country to the West of the Wabash, and if the locations were made together, a great part of them would fall within a Tract of Country possessed of neither wood nor water — Your peti- tioners would therefore beg leave to suggest as a measure of policy and Justice, the propriety of permitting claimants 38 SLA 1 ^ER Y I'E TITIONS A ND PA FEES. to land under any resolution or act of Congress, whose claims have been sanctioned b}^ the Governor of the Terri- tory, or whose claims may hereafter be adjusted and set- tled by the board of Commissioners respectively to enter the same with the receiver of the land office of the District in which the claimants may reside, at such rate per acre as may be fixed and established for the sale of public lands and to receive a quantity of land at such rate equal to the amount of their claim, in such place as the}^ may select, subject however to the provisions of the law respecting public sales of the lands of the United States. In the next place your petitioners would wish to call the attention of your honorable body to a subject which they consider of the utmost importance. It is understood that application will be made to Congress at their next Session for a division of the Territory. No measure whatever will have a more serious and pernicious influence on the inter- ests and future prosperity of the Territory than this, and from a candid and impartial examination of the subject they can discover no plausible reason in favor of it. As it may Justly be presumed that those most familiarized with the situation and relative interests of the Territory have an opportunity of forming a correct estimate of the expediency or impropriety of this measure, they beg leave to submit a few remarks on the subject. The seat of Government is established at Vincennes situate as near the center between the western and eastern extremes of the Territory as convenience and propriety will admit. It has been said, that the distance from the exterior parts of the Territory to Vincennes operates a serious inconvenience to the inhabitants thereof. Your petitioners believe that there is no reason neither Just nor plausible in support of the Opinion. The administration of Justice, and of the Government generally, is arranged in such a manner, that a Journey to Vincennes is in very SLA VERY PETITIONS AND PAPERS. ^g few instances necessaiy. The General Court holds an annual session in each county for the trial of issues of fact belonging thereto and made up in the General Court. It is true that were there a greater number of Judges of the General Court, some delay in the trial of causes might be saved as there could be two instead of one annual Session in each County. But the Territory has recently adopted the second grade of Government by which a considerable expence must necessarily be incurred. Taxes will be as heavy as the people can support for several years. Land is almost the only source of Territorial revenue. If the contemplated division takes place one section of the Territory will nec- essarily have to support the expence that is now collected from the whole. The subject is left to the consideration of Congress. Your petitioners will now proceed to a subject of equal importance and the consideration of which is in some de- gree connected with the preceding. They wish that the United States may be relieved from the expences and in- conveniences of the Territorial Government and for this- purpose that the citizens of the Territory should be per- mitted to form a State Government as soon as their popu- lation would authorise the measure. At present the ordianance contemplates a division of the Territor}"^ into two States. But many years must elapse before the two sections will arrive at a degree of popula- tion by which this desirable object can be effected. With submission they would therefore propose, to connect the two divisions in one State Government, until they sever- ally obtain a population that will authorise a division into two States. They conceive that no disadvantage could result to the United States from this arrangement and they are confident that it would be productive of essential benefits to the country. The consideration of self Gov- AO ^LA VERY PETITIONS AND PAPERS. ernment alone is sufficient to render it desirable. The Indian Title, exxept a part of the Piankashaw claim, has been extinguished from the Miami to the Mississippi ; and from the measures recently taken by the General Govern- ment for the Surveying and disposal of Public Lands, a short time will connect all the settlements from one ex- treme of the Territory to the other. It is less than three hundred miles from the Miami to the Mississippi ; from the upper settlements, opposite the Missouri, it is less than two hundred miles to the Ohio ; and from Vincennes on the Wabash to the Ohio it is about fifty miles. This tract of country lies in a convenient form for a State. The character, customs and manners of the peo- ple are nearly the same ; their respective interests are the same : as also the climate, soil and productions. And the country at any future period can be divided into two States if an accumulated population renders it expedient or necessary. All of which is respectfully submitted. August 19th, 1805. B. Chambers, President of the Council, Jno. Rice Jones, ) Members of Pierre Menard,^ the L. C, Jesse B. Thomas, Speaker of the House of Representatives, John Johnson, ^ Members of G.Fisher, the H. Rep. . B. Parke, ) * Indorsetticnts. No. (^. Petition of the Legislative Coun- cil and House of Representatives of the Indiana territory. SLAVERY PETITIONS AND PAPERS. 41 iSth December, 1805, referred to Mr. Garnett, Mr. Morrow, of Ohio, Mr. Parke, Mr. Hainilton, Mr. Smith, of So. Carolina, Mr. Walton, and Mr. Van Cortlandt. 13th February, 1806, Select Com'ee, discharged from so much as relates to the salt licks and springs and the donation and pre- emption right to lands, and the same referred to the Committee on the Public Lands. 8th April. 1S06, Committee on Public Lands dis- charged, and referred to Committee of the whole House, on the bill re- specting claims to lands in Indiana territory' and State of Ohio. M. Gregg. MEMORIAL FROM RANDOLPH AND ST. CLAIR COUNTIES, 1805. (Copv of Original Paper. House Files.) To fhe honorable the senate and house of representatives of the United States in Congress Assembled: The memorial of the subscribers, in- habitants of the counties of Randolph ajid St. Clair, situated on the cast bank of the Mississippi, in the Indiana Territory, respectfully sheiveth, That your memorialists have at various periods, since the division of the Territory northwest of the Ohio, ad- dressed your honorable bodies, praying for the redress of certain heavy grievances, under which they then labored. 42 SLAVERY PETITIONS AND PAPERS. but that, from the policy adopted by your honorable bod- ies, in the general arrangements for the governments of these territories and of the late ceded province of Louisi- ana, with which the immediate local interests of your me- morialists were conceived to be incompatible, they were unhappily disappointed. But as those general arrange- ments have now been compleated, and the policy of the general government, in the direction of the affairs of the western extremity of the union, are evidently to the minds of your memorialists, they confidently hope now to present to your consideration the adoption of a measure which, in their opinions, is not only calculated to remove effectually the causes of their still existing grievances, but is, at the same time, perfectly consonant to the general views of gov- ernment, with respect to the political system to be adopted for the territories lying east and west of the Mississippi. Under this impression, and from a full conviction, that your honorable bodies will bestow due consideration on the cir- cumstances of your memorialists, they respectfully solicit your attention, while they suggest the expediency of a divi- sion of the Indiana Territor}^ and the erection, into a sepa- rate territorial government, of that extent of country alloted, in the fifth article of compact between the original states, and the people and states in the territory of the United States north west of the river Ohio, and contained in the ordi- nance for the government of the said territory, in 1787' to form the western state ; and to consent, in common with the people of the said extent of country so allotted to form the western state, that the sixth article of compact, con- tained in the said ordinance, maybe so modified as to ad- mit of slavery within the limits of the said extent of coun- try, either unconditional, or under such restrictions or lim- itations, as your honorable bodies may, in your wisdom, deem proper to impose ; soliciting also, at the same time, your attention, while they offer, with due deference, some SLAVEEY PETITIONS AND PAPERS. 43 general remarks, on the merits and force of this their claim, for the attainment of these much wished for and important objects, on which their future prosperity must greatly de- pend. A ruinous inconvenience attending the present situation of your memorialists, and which is not the least in their list, arises from the great distance between the said counties of the Territory and Vincennes, the seat of government, which is about one hundred and eighty miles, through a dreary and inhospitable wilderness, uninhabited, and which during one part of the year, can scarcely afford water sufficient to sus- tain nature, and that of the most indifferent quality, besides presenting other hardships equally severe, while in another it is in part under water, and in places to the extent of some miles, by which the road is rendered almost impassable, and the traveller is not only subjected to the greatest diffi- culties, but his life placed in the most imminent danger. The great inconveniences, independent of the dangers to which our citizens, who are under the necessity of attending the courts, or the legislature, or whose attendance upon any other occasion may be required by the public authorities, are subjected, and the consequences, from the frequent removals from the county courts to the general court of suits for the most inconsiderable sums, to which the poor man is exposed to save his little all, are too obvious here to require a detail. This source of evil naturally leads us to the notice of an- other of considerable extent, which claims the most serious attention, and which must, inevitably, prove a fatal check to the growth of the country allotted for the western state, unless timely and effective measures be taken to check it. From the obstacles already but very partially described, and from the peculiar nature of the face of the country lying between these settlements and the Wabash, a communica- tion between them and the settlements east of that river, 44 SLAVERY PETITIONS AND PAPERS. cannot, in the common course of things, for centuries yet to come, be supported with the least benefit, or be of the least moment to either of them. This tract of country consists chiefly of extensive prairies, which scarcely afford wood or water, which utterly precludes the possibility of settlement to any extent worthy of notice. From the existence of this serious fact, a bar to the interchange of mutual good offices, and of private interests and concerns, is raised upon a foundation too firm to be shaken or surmounted. If, there- fore, so great a disconnexion with respect to the inter- change oi private interests, exists between the citizens of the eastern and those of the western extremities of the territory, what prospects can be afforded of an union be- tween them, and of the consequent harmony and inter- change of mutual support in the support of their -political interests ? None. In the place of that union will arise discord, virulence, and animosity, and the scenes of con- fusion always attendant upon the contentions of remote districts, possessing different political interests, and the natural consequence resulting therefrom, the destruction of the general peace and prosperity of the whole commu- nity, without any solid benefit to either of the contending parties. Already have the seeds of discord been sown ; already have they presented a prospect of rapid growth ; but your memorialists offer up their earnest and sincere prayers to Heaven, to avert, through the agency of the guardians and the protectors of their liberties and property, the sad and much dreaded effects of the threatened com- motions. Another great subject of complaint proceeds from our having been unwarrantably precipitated into the second grade of territorial government, to the proportional ex- penses of which neither your memorialists, nor the re- maining part of the territory, are adequate in their present circumstances. Upon an application made to the execu- SLA VERY PETITIONS AND PAPERS. At tive for that purpose, an application which your memori- alists have reason to believe was confined to some of the inhabitants of the county of Knox, and in which they themselves had no manner of agency, he issued his proc- lamation and writs of election, with a view of ascertaining the voices of the freeholders in the several counties, upon this important question. From this mode o*f procedure, the sentiments of such only of the freeholders as actually attended the election and gave in their suffrages could be ascertained. The elections in the counties of Randolph and St. Clair were but very partially attended ; a majority, however, of those freeholders who did attend, gave their suffrages against the measure ; in the county of Knox very generally, and the votes almost unanimously given in the affirmative ; in the counties of Clark and Dearborn but partially, and the majority of votes in the negative ; from the county of Wayne, which contained a principal portion of the population of the territory, no votes were received, the writs of election having arrived subsequentlv to the day of election. From this mode of procedure, in- competent to the object contemplated, from this slight and partial expression of the public sentiments upon this im- portant subject, the executive was satisfied that there was a majority of the freeholders in the territory in favor of enter- ing into the second grade of government, and took the necessary steps for the organization thereof accordingly. Since the county of Wayne has been struck off, the ex- penses attendant upon this grade, must be the more sensi- bly felt, from so considerable a diminution of the popula- tion, and as your memorialists have not the least prospect of deriving any advantages equivalent to this burthen thus forced upon them, as the proportion of the representation is in favor of the eastern counties, they feel themselves impelled by necessity to apply for a redress of this griev- a6 'SX.l VERY PETITIONS AND PAPERS. ance, in preference to a silent acquiescence in the meas- ure. Your memorialists can not suffer to pass unnoticed, the practice of issuing attachments for contempt of court, against witnesses for non-attendance, and public officers, upon pretexts, in the opinion of your memorialists, resting upon the slightest grounds, a vexatious practice, which has a great tendency to sour the minds of the citizens of this remote part of the territory, from the hardships, as already described, to which they must be exposed from these proceedings. Your memorialists beg permission here to suggest, that by adopting the policy submitted in this memorial, to your consideration, the views of the general government would be greatly promoted, and the rage for emigation to upper Louisiana would not only in a great measure cease, but have a tendency to enhance the value of the public lands on the east side of the Mississippi, render their sale rapid, and by an increase of its population, place in a flourishing situation the country which now claims the patronage and support of its government. Your memorialists, therefore, resting satisfied in their firm expectations, that your honorable body will take into serious consideration their distressed situation, and at length grant them the desired relief, very respectfully sub- mit their prayer, as stated in the preceding part of this their memorial. And as in duty bound they will ever pray, etc. ]. Edgar, Wm. Morrison, Robert Morrison, J. Page, R- Robinson, Wm. Wilson, John Hague, Miles Hotchkiss, John Grovenor, Parker Grovenor, John Lock, Wm. Arundel, John Gray, Alexis Goderis, Charles Bergan, P. Choslier, Wm. Dunn, Hugh Carrigin, Louis Charbiall, Ephraim Carpenter, Reuben White, Able Dcnnj, Peter Porae, John Joseph, SLAVERY PETITIONS AND PAPERS. 47 Wm. Speakman, Oliver Reed, Aaron Bowen, Leroy Elliott, Thos. Wadley, J. M'Murtry, Peter Page. Joseph Lestogos, T. Chartran, John Dumoulier, John Doyle, Adam Wargrit, James McGowan, Julien Le Compt, ' Francois Arnousse, Louise Gervais, John Lyle, M. Lagrove, Dennis Bergin, Gabriel Marteau. Pierre Martin, junr., Charles Germaine, Israel Baley, John Halderman, La Cuxier, John Latuxiere, A. Languirand, Nicholas Turgeon, John Hay, Joan Mennier, Jean Palmier. L. Diilonchunt, P. Laflae. Joseph Jame, Thomas James, A. Whyskey, Louis Pitette, • J. Campeau, Jos. Greignier, L. Ladouceur, Loviis Trotier. Edward Hebert, Joseph Chenier, Julien Nicole. Richard Arcless, Martin Brewer, Wm. Haley, George Baker, John Reynolds, Thomas Cox, Wm. H. Bell, Julien Mercier, Wharham Strong, Jean Dehag, James Edgar, Michael Danes, Perrey, Lonval, Jean N. Godin, Nicholas Boismenn, Abraham Parker, T. Cremour, Thomas Primm, J. C. Bequete, Clement Allery, Louis Debois, Pierre Guerin, D. Ensminger, Antoine V'audray, Michael Gamelin, Wm. Cairns, Francois Le Faivre, D. Blondeau, Joseph Touchette, J. Lopage, J. Chartran, M. Holland. P. Touke, Jacob Weyand, Jun'r, Pierre Cowpagarte, Michael Pitette, J. Bt. Saucier, Louis Le Brun, Louis Le Compte, Joseph Trotier, Joseph Poupart, Sen., Joseph Batteau, J. Le Renan, Daniel Bave, N. Brewer, P. Barbary, G. Belcher, Cole Beale, George Franklin, John Talbot, Louis Gendron, Louis Pinsonneau, B. Mercier, J. Morrison, Wm. Lucas, T. H. Talbot, J. M agate, J. B. Gendron, Charles O'Neill, E. Pinsoneau, Thos. Brady, Pierre Godin, Pierre Martin, senr., Hubert Mercier, John Junie, George Cunningham J. D. Maroit, Pascal Letoms, John Dupre, John Hays, J. Parrot, Samuel Best, Pierre Laperche, J. C. Allary, O. Gerandin, Elihu Mather, Daniel Page, A. P. Williams, Louis Chalet, Louis Pettetier, Basil Beaulieu, J. B. Bequette, Clement Trotier, Pois Trotier, Joseph Poupart, Jun'r, P. Descrete, Louis Ronillard, 48 SLAVERY PETITIONS AND PAPERS. Joseph Manege, Joseph Gonville, Reuben Lanej, James Downing, Uel Whiteside, Jos. Reed, Charles M'Nall, Samuel Jacanaj, Benjamin Hoyerman, Bailey Boyles, Jesse Wadlj', David Fultor, John Whiteside Charles Pettit, Solomon Allen, Jesse Griggs, Wm. R. Cox, C. Davis, Jun'r, John Laney, Moses Oliver, David Fulton, William Phillips, Michel Peltier, Jesse Boyles,'; S. Thorn. Franklin Jarvis, Jonathan Hill. Joseph Chance, G. McMutrey, Hugh Walker, Moses Short, Alexander Scott, James Bankson, Charles Weakefield, Paul Gaskell, John Carruthers, Robert Brasil, Thomas Morrow, Robert Whiteside, Wm. Johorson, John Goin, William Miller, James Gilbrcath, Henry Miller, P. Coline, Auguste Trotier, Samuel Lecey, George Blair, Joseph Cornelius, Wm. M'Roberts, Jess Morrison, S. Hubert Lethrune, Jun'r Moses Short, Antoine Girarding, William Atcheson, Moses B. Reed, James Lightell, Joseph Anderson, John Belderback, J. B. Montray, Jun'r, Francis Guthery, H. Iduls, Louis Petit Calumiene, John Fulton, T. Ambereau, John Mordock, Joseph Barrutel, Bailey Boyles, D. Thorn, John Hill, James Meanern, William Goin, W. Biggs, James Scott, Joseph Scott, Noah Daves, Charles Bankson, Barneth Bone, John Crocker, Anthony Thomas, James Mansfiel, Wm. Scott. Edward Ratliff, Samuel Shook, John Feotor, Daniel Stookey, Daniel Shook, Henry Cox, Pois Grondine, Francis Paget, William Reed, Daniel Odell, James Caldwell, John Kidd, J. B. Montray, ,Pierre Liqe, Noah Davis, George Stanto, Jun'r, W. Roberts, John Liley, Jonathan Pettit, Wm. Bell, Antoine Peltier, Joshua Lacey, Robert Higins, D. C. Robinson, James Patterson, Thomas Fulton, P. Harnkon, John Forgison, William Crawford, W. Kelty, Thomas Newbury, Andrew Bankson, Joseph Cook, Peter Michel, George Biggs, William Scott, John Scott, James Hooper John Walker, James Jordan, Thomas Crocker, Valentine Brasel, James Bradburj', Samuel Scott, Isaac Grifen, John Walker, Abraham Eymam, Thomas Harrison, Laurence Shook, William Downing, SLAVERY PETITIONS AND PAPERS. 49 Barnabas Bone, William Prewet, Fields Prewet, Enoch Decker, Henry Clark, Richard Rattan, Isaac Ferguson, Moses Tinnant, Benj'n Custland, John Gillham, George Green, Amos Squirs, William Adam, David Waddell, Michel Atchison, John O'Hara, Daniel Hull, Samuel Morrison, Jesse Ranon, Abel Lewis, Vance Lusk, Edward Lacey, Aaron West, Solomon Prewet, Wm. Bolin Whiteside. Samuel Gildram, Aquilla Dalahide. Abraham Pruit, James Stockton, James Cornelius, James Kirkpatrick, James Gillham, Asher Bagly, Wm. Whiteside, Shadrach Bond, Sen., Alexander Waddell, Michael Acheson, Jess Kenor, Wm. Alexander, Henrj' O'Hara, Osm. Torton, Samuel Lacey, Daniel Hazeel, Natt Scruggs. Ob. Hooper, Silas Bankson, Joseph Prewet, Philemon Higgins, John Higgens, John Forgorson, William Ferguson, Jesse Cain, Wm. Porter, Henry Cook, Joel Whiteside, Jesse Wadale, Davis Whiteside, George Atcheson, John Payne, Henry O'Hara, Giles Hull, Henrj' Jones, William Alexander, Francis Relhen, George Renne Ramp, William Patton. In all, about 350. 1 Do Certify, That the above persons subscribed their names, and requested me to have them annexed to the petition, praying a division of the Indiana Territory, and the admission of slaves into said territory. By me, one of the United States justices, and judge of common pleas, in said county. Robert Reynolds. Endorsements. Petition of sundry inhabitants of Randolph and St. Clair in the Indi- ana Territorj'. i8th December, 1805, referred to Mr. Garnett, " Morrow, of Ohio, " Parke. " Hamilton, " Smith, of S. C, " Walton, and " Van Cortlandt. 50 SLAVERY PETITIONS AND PAPERS. 14th February, 1S06, Report made, and referred to Com'ee whole House on Tuesday next. (This petition is also published in State Papers, 1S05-1S06. A. & G. Waj, Printers, iSoy.) PETITION OF DEARBORN COUNTY, DEC. 18, 1805. (Copy of Original Paper. House Files. j To the honourable the Representatives of the United States in Congress Assembled. The Humble Petition of the purchasers of lands who are settled and intend a settlement on that part of Indiana Territory west of the State of Ohio and East of Boundary Line Runing from the Mouth of Kentucky River. May it Please your Honours. Your Petitioners humbly Represent that they are at a Distance of Nearly Two Hundred Miles from the Seat of Government, that the Intermediate Space is a Wilderness occupy'd only by Indians and likely for many years to Remain Unoccupied by any Other persons — that the soil between the State and Boundary line, Viz. the Northern part of it is generally good land and will Admit of a Nu- merous Population and that [between] the Boundary line and the Wabash River in General Very Broken and there- fore Very unlikely to afford a communication to the seat of Government, that there is an Imediate Communication Between this part of the territory and the State of Ohio, and the Distance from the Seat of Government thereof only about one hundred and twenty Miles — that your Peti- tioners humbly Suggest their Earnest desire that they Might at least for the Present Enjoy the Benefit of the Government of that State by being aded thereunto — and your Petitioners as in duty bound will Ever Pray. SLAVERY PETITIOX.S AND PAPERS. 51 Robert Templeton,Sen., Robert Templeton, John Templeton, Samuel Logan, Solomon Tiner, Jacob Hackleman, James Cole, William Flood, Abner Conner, James Russell, John Ewing, Benj. McCarty, Jacob Hackleman, Sen'r, Richard Conner, Powel Scot, Jno. Endsley, Abraham Endsley, John Hanna, William Botkin, Enoch Russell, James McCoy, William Smith, Jun'r George Loveston, David Stoops, William Raney, Andrew Endsley, Thomas A. Johnson, Joseph Cox, Richard Rue, James Baley, Jun., Andrew Endsley, Sen'r, Thomas Endsley, Wm. Logan, John McCutcheon, Joseph Wason, John Thomson, William McCoy, Zachariah Cahsey, William Logan, Enoch McCarty, Sen'r William Ahnsworth, John Ewing, WilUiam Johnston, Patrick Ohara, James Eads, RichardManwaring, Sen'r, Enoch McCarty, Jun'r, Wiliam Arnet, David Ewing, James Adeler, David G. Hanna. Robt. Hanna, Jun., William Blunt, Patrick McCarty, Asa Ralph, William Tiner, George Deford, Robert Hanna, Robt. Speers. Joseph Hannah, John Adeler, John Naileman, Robert A. Templeton, Daniel Cunningham, John Calwell, Hazen Ralph, Mical Hademan, William Crane, Jno. Gilliam, Indorsements. Peter Fleming, William Eads, James Logan, John Russell, John MillhoUand, William Major, Charles Scot, Wm. Cunningham Hugh Endsley, Jacob Lee, James Henderson, Robert Russell, Jonathan Gillam, William Smith, Soloinon Mainwaring, William Vanmetre, , Thomas Williams, Jeremiah Johnson, Wm. Cunningham, Jr., George Holman, Samuel Hanna, James Baley, Sen'r, Richard Manwaring,Jun'r, Wm. Templeton, James Adeler, Sen'r, Isaac Adeler, Moses Martyr, Thomas McCoy, William Wilson, William McCarty, Charles Tilyea, John Brown, Thimothy Collins, John Norres, Petition of purchasers of land, set- tled and intending to settle, on that part of the Indiana Territory, west of Ohio, and east of the Boundary line running from the mouth of Ken- tucky river. 52 SLA VERY PETITIONS AND PAPERS. l8th December, 1805, referred to Mr. Garnett, Mr. Morrow, of Ohio, Mr. Parke, • Mr. Hamilton. Mr. Smith (of So. Carolina), Mr. Walton, and Mr. Van Cortlandt. 14th February, 1S06, Report made, and referred to Com'ee who: House on Tuesday next. Mr. Gregg. REPORT ON THE PETITIONS OF 1805. (Am. State Papers. Misc., Vol. I. p. 450.) 9th Congress) (ist session Extension of the Right of Suffrage, And the Admis- sion OF Slavery, For a Limited Time, In the In- diana Territory, And the Division Thereof. Communicated to the House of Reprcsejitatives, February I4, 1S06. Mr. Garnett, from the committee to whom were referred the report of a select committee, made on the 17th of Feb- ruary, 1804, on a letter of William Henry Harrison, presi- dent of a convention held at Vincennes, in the Indiana Territory, declaring the consent of the people of the said Territor}^, to a suspension of the sixth article of compact between the United States, and the said people ; also, on a memorial and petition of the inhabitants of the said Ter- ritory ; also on the petition of the Legislative Council and House of Representatives of the said Territory ; together with the petition of certain purchasers of land, settled and intending to settle on that part of the Indiana Territory west of the Ohio, and east of the boundary line running from the mouth of the Kentucky river ; and on two me- I SLA VERY PETITIONS AND PAPERS. t-o morials from the inhabitants of Randolph and St. Clair made the following report : That having attentively considered the facts stated in the said petition and memorials, they are of opinion that a qualified suspension, for a limited time, of the sixth article of compact between the original States and the people and States west of the river Ohio, would be beneficial to the people of the Indiana Territory. The suspension of this article is an object almost universally desired in that Ter- ritory. It appears to your committee to be a question en- tirely different from that between slavery and freedom, in- asmuch as it would merely occasion the removal of per- sons, already slaves, from one part of the country to an- other. The good effects of this suspension, in the present instance, would be to accelerate the population of that Territory, hitherto retarded by the operation of that article of compact, as slaveholders emigrating into the Western country might then indulge any preference which they might feel for a settlement in the Indiana Territory, in- stead of seeking, as they are now compelled to do, settle- ments in other states or countries permitting the introduc- tion of slaves. The condition of the slaves themselves would be much ameliorated by it, it is evident, from ex- perience, that the more they are separated and diffused, the more care and attention are bestowed on them by their masters, each proprietor having it in his power to increase their comforts and conveniences in proportion to the small- ness of their numbers. The dangers, too, (if any are to be apprehended,) from too large a black population exist- ing in any one section of country, would certainly be very much diminished, if not entirely removed. But whether dangers are to be feared from this source or not, it is cer- tainly an obvious dictate of sound policy to guard against them as far as possible. If this danger does exist, or there is any cause to apprehend it, and our Western brethren ^4 SLAVERY PETITIONS AND PAPERS. are not only willing but desirous to aid us in taking pre- cautions against it, would it not be wise to accept their as- sistance? We should benefit ourselves, without injuring them, as their population must always so far exceed any black population which can ever exist in that country as to render the idea of danger from that source chimerical. You committee consider the regulation, contained in the ordinance for the government of the territory of the United States, which requires a freehold of fifty acres of land as a qualification for an elector of the General Assembly, as limiting too much the elective franchise. Some restriction, however, being necessary, your committee conceive that a residence continued long enough to evince a determination to become a permanent inhabitant, should entitle a person to the rights of suffrage. This probationary period need not extend beyond twelve months. The petition of certain settlers in the Indiana Territory, praying to be annexed to the State of Ohio, ought not, in the opinion of your committee to be granted. It appears to your committee that the division of the Indiana Territory, in the manner directed by the ordinance of 1787, and for which the people of Randolph and St. Clair have petitioned your honorable body, would be inex- pedient at this time. The people of the two sections have lately entered into the second grade of government, the whole expense of which would fall on the people of one sec- tion, if a division were now to be made. This, in the opin- ion of your committee would be neither politic nor just. But although a division of the Territory appears improper at this time, we think it should be made as soon as the population of either section has increased so far as to entitle them to form a State Government. The petition which prays that such a Government may be formed, by uniting the two sections as soon as their inhabitants shall have SLAVERY PETITIONS AND PAPERS. 55 augmented so far as to authorize it, your committee con- ceive ought not to be granted. A Territory, when once erected into a State, cannot be divided or dismembered without its own consent; the formation, therefore, of two States out of this Territory, originally intended by the ordinance of 1787, could not constitutionally be effected, if the two sections were once permitted to form one State, without the consent of that State, however necessary the extent and population of that Territory might render such division. After attentively considering the various objects desired in the memorials and petitions the committee respectfully submit to the House the following resolutions : 1. Resolved, That the sixth article of the ordinance of 1787, which prohibits slavery within the Indiana Territory be suspended for ten years, so as to permit the introduction of slaves, born within the United States, from any of the individual States. 2. Resolved, That every white freeman of the age of twenty-one years, who has resided within the Territory twelve months, and within the county in which he claims a vote, six months immediately preceding the election, shall enjoy the rights of an elector of the General Assembly. 3. Resolved, That the petition of certain settlers in the Indiana Territory, praying to be annexed to the State of Ohio ought not to be granted. 4. Resolved, That it is inexpedient at this time, to grant that part of the petition of the people of Randolph and St. Clair which prays for a division of the Indiana Territory. 5. Resolved, That so much of the petition of the Legis- lative Council and House of Representatives of the Indiana Territory as prays that the two sections may be united into one State Government ought not to be granted. 56 SLAVERY PETITIONS AND PAPERS. MEMORIAL OF RANDOLPH AND ST. CLAIR COUNTIES JAN. 17-180(3. (Copy of Original Paper. House Files.) To the Honourable., The Senate and House of Representatives of the United States, the memorial of the undersigned perso7is, being a Cotn- 7nittee appointed by the inhabitants of the Illinois, for the purpose of laying their grievances before the National Legislature respectfully sheiveth : That this country is composed of that part of the do- main of the United States, on the North West of the River Ohio, which by the ordinance or compact of 1787 has been designated to form the western state ; bounded by the Mississippi, the Ohio, the Wabash, a north line drawn from Vincennes to the divisional line between the United States and Canada ; and by this line to the Lake of the Woods, and the Mississippi. That for the purposes of a temporary Government it now forms a member of the Indiana Territory, and is di- vided into the Counties Randolph and St. Clair. That the form, andextentof this Government, have from certain 'circumstances, become not only undesirable, but productive of the most pernicious effects. And your memo- rialists most humbly solicit your attention while they de- tail these circumstances ; while they suggest the propriety of a division of this Government, and the erection of that part of it above described into a separate Colony. Your Memorialists approach your Honourable body with the more confidence on this subject, since they flatter themselves that the Nation has become sensible of the situation in which they have been — their long struggles — their unprotected state — their patient submission to incon- veniences — and their claims to be now heard. Among the many evils attendant on the junction of the Illinois with the Indiana Territorv, it is one, that the seat SLAVERY PETITIONS AND PAPERS. 57 of government is at the distance of one hundred and fifty miles from the Illinois settlements — that the intermediate country is not only wholly uninhabited, but that being destitute of wood it will for a long period remain so — dreary beyond description, not a single human dwelling is to be found in this whole region. Besides, being a country low and level, it is drown'd and of course impassa- ble in wet season ; and having few streams or fountains it is almost so in dry — that over this inhospitable wild a con- siderable portion of the inhabitants of the Illinois are obliged, several times a year, to travel as officers, as ju- rors, as witnesses, as suitors in the National Court holden at Vincennes — that the poor man is often deeply oppressed by the appeal of a wealthy antagonist to a court so distant, and that from these causes an hindrance to the regular administration of justice is most sensibly felt. Your Memorialists would further suggest that there is not, and cannot be, any natural connection of views be- tween the inhabitants of the Wabash, and the Mississippi ; and that the landholders of the former country, have al- ready begun to feel, or to fancy, an interest in preventing the population of the latter. The effects of these feelings, on our society and our government are obvious. But these evils are not our greatest. It need not be told, at this day, that the people of the Illinois have been pre- cipitated into the second grade of government contrary to their wishes. It need not be told, that the only liberty they find is the liberty of submitting to the will of a part of the territory, more populous, which feels an opposite in- terest. Your Memorialists are sorry to add that a resolution has been attempted to be passed at the last session of our leg- islature, for continuing the union between the middle and the western state, in the present colonial government, till each shall have a sufficient population to form an independ- ^8 SLAVERY PETITIONS AND PAPERS. ent one. Of this measure we shall say nothing ; but that its effect would have been to continue the seat of govern- ment at Vincennes, where some of our principal characters have ample possessions — the manner in which it has been brought about is seen in the inclosed depositions.* Altho your Memorialists can sufficiently appreciate the advantage of having a Court acting with Chancery powers, yet they wish to see these powers vested in the Supreme Court of the territory. It was with pain therefore that they saw a law passed by the last territorial assembly vesting these powers in a single judge appointable by the Govern- or. It is with pain they are now told that it is in proposi- tion, at the next session, to create a court of appeals. Where will this end? Is it in contemplation to deprive the present Government of its control over its colony? Shall we next see a board of inspection created to correct the movements of the executive? But your Memorialists wish to drop their tale of griefs, and to take a view of the advantages of the measure pro- posed. It cannot be doubted that the erection of a Colonial Gov- ernment on the banks of the Mississippi would give an ex- ceedingly great spring to the population of the country. It cannot be doubted that an increase of population in this quarter would be important to the Union at large, and the establishment pray'd for productive of tranquility here. The expense of such an establishment is surely trifling for a na- tion so great, and we dare to assure Congress that it will be infinitely more than compensated by the advantage of an acceleration in the sale of its lands. Your Memorialists would further beg leave to solicit as a thing which would be promotive of the prosperity of this Country, the permission to hold slaves in it. The principle of domestic servitude we do not advocate. •No depositions are on file. SLAVERY PETITIONS AND PAPERS. 59 Yet domestic servitude has found its way into the United States. It is immovably established there. When an evil becomes irremediable is it not v^^isdom to convert it, if pos- sible, to some use? However unnecessary this state of servitude may be thought in the eastern part of this territory, no man has doubted its importance here, where among whites health and labour are almost incompatible. Here, too, a coun- try to which it would probably bring back the principal settlers of Upper Louisiana, since they have been driven from home by the fear of losing their servants. Yo«ur memorialists would further suggest, that the prin- cipal part of the lands within the several parallelograms which by the Act of Congress of June 20, 1788, were di- rected to be laid off, for the purpose of supplying with tracts of four hundred acres each of the several heads of families in the Illinois, have been covered by antient French grants — that many of the persons having rights founded on this land, and despairing of being able to get them lo- cated, have been obliged to settle on the public lands sub- sequent to the year 1791, since the 3d of March of which year no rights could be obtained b}^ settlement. Your Memorialists would humbly hope that persons under these circumstances may be permitted to locate these rights, on their settlements thus formed, or that certificates of the confirmation of these rights by the Board of Commission- ers now sitting in the Country for the division of land claims, may be received in payment for the lands of the United States in this Country, when their office shall be opened for the sale of them. But your memorialists will not dwell on the importance of those measures which are calculated to accelerate the growth of this country, conscious as they are that to draw a strong Cordon of regular population along the eastern bank of the Mississippi must be felt to be a point of true 6o SLAVEEY PETITIONS AND PAPERS. National policy, since it would be able by its weight to control and to dissipate those hordes of restless adventurers who by penetrating into the illimitable regions of the west, might defy the national arm and commit the national peace. Your Memorialists, as in duty bound will ever pray, etc. Moses Short, E. Barker, John Beaird, Ephraim Belderback, John Everitt, William Chalfin, Henry Levenj, Samuel Kinney, M.Jarrot, Perrey, J. Edgar, James Lemen, y. Messinger, John Whiteside, William Scott, Raphael Drurv, William Goinge, R. Robinson, Etne Pinsoneau, N. Biggs. Robert Robinson, , Clerk of Committee. Indorsements. No. 5. Memorial of sundry inhabitants of the counties of Randolph and St. Clair, in the Indiana Territory. 17th January, 1806, referred to the committee appointed the 19th ultimo, on a letter from William Henry Harrison, Governor of the Indiana Territory. 13th February, 1806, Select com'ee disch'd, from so much as relates to donation and pre-emp tion rights to lands, and the same referred to the Committee on the Public Lands. Mr. Garnett. Note. — There are two other copies of this petition on file, one of which was probably intended for the Senate. Thej* are in a separate wrapper indorsed "26th March, 1806. Referred to the committee of the whole House to whom was committed, on the 14th ultimo, the report of the committee on the letter of Wm. H. Harrison, a memorial of the legis- lative council and the House of Representatives of the Indiana Territory, and the several petitions of sundry inhabitants of said territorj-." A copy of the next succeeding paper (minutes of the convention) accompa- nies them. SLAVERY PETITIONS AND PAPERS. 6 1 Minutes of the Convention. (Accompanying the preceding.) At a meeting of the Citizens appointed to form a Com- mittee from the Several Townships in the Counties of St. Clair and Randolph, to take into Consideration and Rep- resent to the General Government the Grievances of these Counties, the 25th day of November, 1805. Present in Committee — James Lemon, John Mesenger, William Scott, John Whiteside, Moses Short, John Edgar, E. Backus, John Beaird, E. Belderback, John Everts, William Chaffin, Ralph Drury, Henry Levin, ' William Goings, Samuel Kenney, Robert Robison, Jean F. Perry, N. Jarrot, Etienne Pansanno, and William Biggs. On Motion Unanimously Resolved that Col. John Edgar be Chair- man and Robert Robison Clerk of this Committee. Resolved that a Memorial be prepared stating the Griev- ances of these Counties. That it be signed by the Mem- bers of this Committee, and transmitted to the Senate and house of Representatives of the United States in Session. Resolved that the following Subjects of Complaint are those which Most essentially Concern the present Happi- ness and future Growth of this" Country — That a Division of the Indiana Territory agreeably to the Ordinance of 1787 designating the tract of Country intended to Consti- tute the Western State, is, to the Inhabitants of these Counties, for reasons stated in the Memorial signed by the Committee, an event much to be desired by every Citizen of the Illinois. And altho' the people of these Counties prefer a State Government, when time shall have Matured them for it, for they too desire to enjoy the priviledges of freemen. Yet this Committee feel fully impressed that while Connected with the people of the Middle District, 62 SLAVEBY PETITIONS AND PAPERS. whose views are Distinctly marked by the very nature of the country, they cannot hope to derive one solid Advan- tage in the Progress from a Territorial to a State Govern- ment. And whereas the Ordinance of 1787, for the Govern- ment of this Territory, is Resfected by the people as the Constitution of their Country, this Committee entertain a hope that the General Government, after Guaranteeing to the people the privileges in that Ordinance Contained, will not pass unnoticed the Violation thereof By the late act of the Legislature of this Territory Authorizing the importa- tion of Slaves, and involuntary servitude for a term of years. And altho' this Committee entertain no doubt but that the Act in Question will render service, by adding a Spring to the Growth of this Country, They express the disap- probation of a people, who never will Consent to a Viola- tion of that ordinance, for this privilege of slavery. When Congress shall deem a Change of the Ordinance expedi- ent, they will Cheerfully agree to the measure. That from the extensive Prairies and barren Lands near the Settlements of these Counties, Great Injustice would be done the holders of Militia and Donation Rights were they Compelled to locate them in one or more Parallelograms (or bodies) agreeably to fotmer Regulations ; those tracts of land whereon such Locations might be made in justice to the owners of these rights, having already been princi- pally covered by Ancient Grants and the Governor having already ordered the Location of a considerable part of the Militia and some of the Donation Rights in these Counties. This Committee therefore expressing the wish of the people, suggest the plan of Rendering equal Justice to the Citizens by laying the Unlocated Rights in Sections, or half sec- tions, as other lands Originally purchased of Congress. That much injury will be done the Settlers on Public SLA VERY PETITIONS AND PAPERS. Q^ Lands, who have made improvements, which do not come with [in] the Act of Congress of 1791 (Respecting im- provements) Unless they obtain a pre-emption, or be per- mitted to Locate Militia or Donation Rights on their Possessions. Resolved, that the Memorial now before this Committee be received, signed, and transmitted, as in the second Resolution above directed, And that Robert Morrison esquire be appointed Agent by this Committee, on the part of these Counties, whose duty it shall be to lay be- fore Congress in Session, the Papers delivered him in Charge, and to call on William Biggs and Shadrach Bond Esquires, Members of the Legislature of this Territorj;, and on the part of this Committee request them to give their Affidavits Relative to the Circumstances Referred to in the Memorial, and that the Affidavits so taken be trans- mitted to Congress with the said Memorial. Resolved \h2X this Committee do adjourn, to Meet again at such time and place as the Agent Appointed shall Re- quest (Giving Notice) and that he be Authorised (If found expedient) to cause the proceedings of this Committee to be Published. J. Edgar, Chairman. A true Copy. Attest : Robert Robinson, Clerk of Committee. Indorsement. Accompanying memorial of sundry inhabitants of tlie counties of Ran- dolph and St. Clair, presented the 17th January, 1806. Census Accompanying Preceding. The following is the Number of Souls as nearly as can be Ascertained now living in the two Counties of St. Clair and Randolph. 64 SLA VERY PETITIONS AND PAPERS. The Census taken the first day of April, 1801, as may be seen by a reference to the Secretary of State's office was 2361 The inhabitants of Prairie Duchaine and on the Illinois river at least 550 Souls not included in the Census 550 The Emigration since the Year 1801 to the said two Counties is at least one third of the Original number — say 750 750 The Settlements on the Ohio from the mouth to the Wabash River including the settlements of Fort Massac 650 Total . 431 1 Robert Morrison Commissioned to take the Census in the year 1801 in the above Counties. Indorsements. Accompanying the petition of sun- dry inhabitants of Randolph and St. Clair counties in the Indiana terri- tory, presented the 26th of March 1806. Reed and ref to whom referred to Harrisons letters. Fri. Jan. 3 1806 Report made. Direction on back. Cahokia 24 Deer. The Honorable John Randolph, Esquire, Representative in Congress, Washington City. SLA VERY PETITIONS AND PAPERS. 65 LEGISLATIVE RESOLUTIONS OF 1807. (Am. State Papers. Misc. Vol. I, p. 467) 9th Congress] 2d session Slavery in the Indiana Territory. Communicated to the Senate January 21, 1807. Resolved., unanimously, by the Legislative Council and House of Representatives of the Indiana Territory, That a suspension of the sixth article of compact between the United States, and the Territories and States northwest of the river Ohio, passed the 13th of July, 1787, for the term often years, would be highly advantageous to the said Territory, and meet the approbation of at least nine-tenths of the good citizens of the same. Resolved, unanimously. That the abstract question of liberty and slavery is not considered as involved in a sus- pension of the said article, inasmuch, as the number of slaves in the United States would not be augmented by the measure. Resolved, unanimously, that the suspension of the said article would be equally advantageous to the Territory, to the States from whence the negroes would be brought and to the negroes themselves. To the Territory because of its situation with regard to the other States, it must be settled by emigrants from those in which slavery is tolerated, or for many years remain in its present situation, its citizens deprived of the greater part of their political rights, and, indeed, of all those which distinguish the American from the citizens and sub- jects of other Governments. The States which are overburdened with negroes would be benefitted by their citizens having an opportunity of disposing of the negroes which they cannot comfortably support, or of removing with them to a country abounding with ail the necessaries of life ; and the negro himself 66 SLAVERY PETITIONS AND PAPERS. would exchange a scanty pittance of the coarsest food for a plentiful and nourishing diet, and a situation which admits not the most distant prospect of emancipation, for one which presents no considerable obstacle to his wishes. Resolved, unanimously, That the citizens of this part of the former Northwestern Territory consider themselv^es as having claims upon the indulgence of Congress, in regard to a suspension of the said article, because at the time of the adoption of the ordinance of 1787 slavery was tolerated, and slaves generally possessed by the citizens then inhab- iting the country, amounting to at least one-half of the present population of Indiana, and because the said ordi- nance was passed in Congress when the said citizens were not represented in that body , without their being consulted, and without their knowledge and approbation. Resolved, unanimoush', That from the situation, soil, climate, and productions of the territory, it is not believed that the number of slaves would ever bear such propor- tion to the white population, as to endanger the internal peace and prosperity of the country. Resolved, unanimously, that copies of these resolutions be delivered to the Governor of this Territory, to be by him forwarded to the President of the Senate, and to tlie Speaker of the House of Representatives of the United States, with a request that they will la}' the same before the Senate and House of Representatives, over which they respectively preside. Resolved, unanimously, That a copy of these resolutions be delivered to the delegate to Congress from this Terri- tory, and that he be, and he hereby is, instructed to use his best endeavors to obtain a suspension of the said article. Jesse B. Thomas, Speaker of the House of Representatives. Pierre Menard, President fro tern of the Legislative Council. SLA VERY PETITIONS AND PAPERS. 67 Sir : Agreeably to the request of the Legislative Council and House of Representatives of this Territory, I have the honor to enclose herewith certain resolutions by them adopted, and ask the favor of you to lay them before the Senate of the United States. I have the honor to be, with great respect and esteem, sir, your very humble servant, William Henry Harrison. The Hon. the Speaker of the Senate of the United States. House Report on the Preceding. (Am. State Papers. Misc. Vol. I, p. 477.) 9th Congress] [2nd session Slavery in the Indiana Territory. Communicated to the House of Representatives on the 12th of Feb., 1807. Mr, Parke, from the committee to whom was referred the letter of William Henry Harrison, Governor of the Indiana Territory, inclosing certain resolutions of the Legislative Council and House of Representatives of the said Territory, made the following report : That the resolutions of the Legislative Council and House of Representatives of the Indiana Territory, relate to a suspension, for the term often years, of the sixth article of compact between the United States and the Territories and States northwest of the river Ohio, passed the 13th of July, 1787. That article declares : "There shall be neither slavery nor involuntary servitude in the said Territory." The suspension of the said article would operate an im- mediate and essential benefit to the Territory, as emigration to it will be inconsiderable for many years, except from those States where slavery is tolerated ; and although it is not considered expedient to force the population of the 58 SLAVERY PETITIONS AND PAPERS. Territor3s yet it is desirable to connect its scattered settle- ments, and, in regard to political rights to place it on an equal footing with the different States. From the interior situation of the Territory, it is not believed that slaves would ever become so numerous as to endanger the internal peace or future prosperity of the country. The current of emi- gration flowing to the western country, the Territories ought all to be opened to their introduction. The abstract ques- tion of liberty and slavery is not involved in the proposed measure, as slavery now exists to a considerable extent in different parts of the Union ; it would not augment the num- ber of slaves, but merely authorize the removal to Indiana of such as are held in bondage in the United States. If slavery is an evil, means ought to be devised to render it least dangerous to the community, and by which the hap- less situation of the slaves would be ameliorated ; and to accomplish these objects, no measure would be so effectual as the one proposed. The committee, therefore, .respect- fully submit to the House the following resolution : /Resolved, That it is expedient to suspend, from and after the ist day of January, 1808, the sixth article of compact between the United States and the Territories and States northwest of the river Ohio, passed the 13th day of July, 1787, for the term often years. Petition of Randolph and St. Clair Counties, February 20, 1807. (Copy of Original Paper. House Files.) To the Honorable the Sriiate and House of Rcfrescuiatives of the United States, the memorial of the nndersitrned, a committee for this purpose by the people of the Illinois Country, humbly S/ie-ueth : That at the last session of your Honorable body, your Memorialists presented a petition praying for the division SLAVERY PETITIONS AND PAPERS. 69 of the Indiana Territory, and the erection of a colonial Government on the banks of the Mississippi. Your Memo- rialists will not repeat the reasons then urged in support of this request ; Since it would be merely the repetition of a tale of sufferings. Three circumstances have impelled your Memorialists again to appeal to the humanity of Congress — They are now happy to have it in their power to peti- tion for a Government, cheap, active and liberal — a Gov- ernment combining the principles of freedom and subordi- nation ; and which has received so strong a proof of the national approbation. Your memorialists refer to the pro- posed Government for the Michigan Territory — one prob- ably as free as the capacity of this country can support. Your memorialists have the more confidence in this request when they consider their increased population, which will be shown by the documents accompanying this memorial.* Is it presumption in the inhabitants of the western division, with a population of five thousand souls, and Separated from the Seat of their Government by an almost impassible wilderness of one hundred and eighty miles; to hope for an establishment so little expensive? But when your Memorialists contemplate the probable movements which may arise out of an European peace, now apparently about to take place, they cannot but feel the importance of union, of energy, of population on this shore of the Mississippi — they cannot but shudder at the horrors which may arise from a disaffection in the West: — and can it be much to the American people to grant to their brethren in this distant region a government to which, in an evil hour, they can speedily fl}^ for direction and support? Your Memorialists as in duty bound will ever pray, &c. George Atchison, Chairman. *NoTE — Not on file. 70 SLAVERY PETITIONS AND PAPERS. J. Edgar, Ab'm Irnan, Ephraim Belderback, John Everitt, Perrey, Will Whiteside, James Lemen, William Scott, Moses Short, R. Robinson, Et'ne Pinsoneau, Raphael Drury. Indorsement. Petition of Sundry Inhabitants the Indiana Territory. of John Messinger, Solomon Stouck^-, John Whiteside, John Beaird; N. Jarrot, 20th February, 1S07, Referred to Mr. Parke, Varnum, Alston, Kelly, Sanford, Jere Morrow and Philip R. Thompson 26th February, 1807, Report made, considered and agreed to. Petition of Randolph County, February 20, 1807, Counter to the Preceding Petition. (Copy of Original Paper. House Files.) To the Honorable the Congress of the United States, the petition o_f sundry the Inhabitants of the county of Randolph, on the Mississippi, in the hidiaua Territory , Humbly Shezveth: That your petitioners have observed with sincere regrets the machinations of certain men in the Mississippi settle- ments to effect a division of the Indiana Territory. A sham convention has lately sat in the county, petitioning your honorable body to that purpose. The presumptions proceedings of this body turns the name convention into contempt and ridicule. It would seem from the assump- tions of these pretended conventionalists that they were the SLAVERY PETITIONS AND PAPERS. 71 regularly elected Delegates of the respective Townships, to represent the two counties on the Mississippi in conven- tion. No election was holden in Mitchi Township, nor that of Priara du Rocher — in Kaskaskia there was a sham election of a few persons, it is believed the Deputies chosen comprised one half of those present & indeed of those who had any notice of it. But where the people were ignorant of the measure or refused a concurrence, these Gentlemen assumed whatever was necessary to make themselves at least the nominal Representatives of the respective Town- ships. So far as to the conduct of the Representatives or conventionalists. But the measure itself is viewed by your Petitioners as calculated to produce the most injurious effects. There is no reason to believe that your Honorable Body will grant the form of Government recommended by this Convention, & even were it conceded to the people, we conceive they would not be in so eligible a situation as they now are. The second grade of government has lately been adopted ; a Representative government has been secured to the country ; no taxes have yet been paid by the Mississippi settlements, & from the measures of the last session of the Legislature your petitioners have every reason to believe that a system of prudence and economy will be pursued by that body. As yet there has been no cause to com- plain. No reason presents itself to the minds of your petitioners which renders the project at least plausible. Your petitioners therefore pray that a Division of the Ter- ritory may not take place. Jas. Gilbreath, Henrj Connor, A. Lanawoer, Hipolite Menard. Ante X Lachapelle, Gabriel X Lafleur alias Gagent, Bapte X Gendron. Joseph X Chamberland, Bapte-GermainXChamberland, Jnr., Henry X Bienvenue, Joseph X Deregnay, Ante. X Casson a/ias Prevost, Charles X Dany, a/ias Boutine, Nicholas X Eneaux aiias Canada, 72 SLAVERY PETITIONS AND PAPERS. Fran. Bapte XCaloute, Louis GermainXChamberland, Senr Louis GermainXChamberland.Jnr., Louis X Buatte, Abel Dewej, Bapte. X Danis, Jr., Samuel Cochran. L. Lachapelle, Joseph X Lamare, Ante. X Labrierre, Bapte. Barbau Clement Drury. Antoine Blaj. G. Delochy, Benifeance Pana alias Godair, Ambrose Valeur, E. Carpenter, Francois X Tanqui, Francois X Tibeau, Jean Bapte X Godair, Etienne X Langlois. Auguste X Allard alias Parier, Jean Bapte X Perrin, Pierre X Godair a/ias Pana, Isidore X Godair aiitis Pana, Louis X Perio a/ias Verboncoeur, G. Decochy Ji is, Jean Bapte. X Duelos, Nicolas X Olivier alias Mahin, Robert Hays, Richard Hazel, Elijah Estes, Daniel Hazel, Jas. Ford, Jno. Harrison, Abijah Leavitt, \Vm. Boon, Robt. Patton, James Harrison, John Hughs, George Fisher, John Hague. J. Finne^', Charles McNahli, Joseph X Longreal, . Pierre Marassi, P^rancois Menard, Alexis Doza, Gerome Danis. Senr, Blaise Barute, Antoine Poere, Nicholas Buatte, Ante. Danis, Jn'or, Jean Bapte. Lagrandeur alias Guitaro, Louis Pillette alias Lasoude, Jph. Krey, Ante. Peltier alias Autoya, Pierre Le Conte, Andre Barbar, Louis Decochy, Jrm. Toiton, Charles X Blay, Joseph X Blay. Antoine X Cotinaux, Francois Langlois, Antoinne X Louvierre, Antoine X Blay, Charles X Tibaux, Joseph X Lavoie, Sen'r, Isidore Godair, Jun'r, Joseph Peltier, Wm. Alexander, Jesse Maner, Louis X Archambeau, Michel X Bienvenu, Diego X Rodrigue, Michel X Danis, jun'r, John Cochran, Chs. Brown, John Right, Win. Appellate, William Shaw, Johnston Cambel, ' John Carson, Saml. Jaunaj', James Smith, Steton Bunch, llcnrv Kiefliart. SLAVERY PETITIONS AND PAPERS. 73 Indorsement. Petition of sundry inhabitants of the county of Randolph, in the Indiana territory. 20th February', 1S07. Referred to Mr. Parke, " Varnum, " Alston, '• Kelly, '• Sanford, " Jere Morrow and " P. R. Thompson. 36th February, 1807. Report made, Considered and a2;reed to LEGISLATIVE PETITION OF 1807. (Am. State Papers. Misc. Vol. 1, p. 484.) In the Legislative Council and House of Representatives in the Indiana Territory: Great solicitude has been evinced by the citizens of this Territory on the subject of the introduction of slaves. In the year 1802 a special convention of delegates from the respective counties petitioned Congress for a suspension of the sixth article of compact, contained in the ordmance of 1787. In 1805 a majority of the members of the Legis- lative Council and House of Representatives remonstrated with Congress on the subject. In 1806 the Legislative Council and House of Representatives passed sundry res- olutions, which were laid before Congress, declaratory of their sense of the propriety of admitting slaves ; and, as the citizens of the Territory decidedly approve of the tol- eration of slavery, the Legislative Council and House of Representatives consider it incumbent on them briefly to state, on behalf of themselves and their constituents, the 74 SLAVERY PETITIONS AND PAPERS. reasons which have influenced them in favor of the meas- ure. In the first place, candor induces us to premise that, in regard to the right of holding slaves, a variety in opinion exists ; whilst some consider it decent and just to acquire them either by purchase or conquest, others consider their possession, by either tenure, as a crime of the deepest stain ; that it is repugnant to every principle of natural jus- tice, of political rights, and to every sentiment of humani- ty. Without entering into the merits of this controversy, it need only be remarked, that the proposition to introduce slavery into the Territory is not embraced by them. It is not a question of liberty or slavery. Slavery now exists in the United States, and in this Territory. It was the crime of England and their misfortune ; and it now be- comes a question, merely of policy in what way the slaves are to be disposed of, that they may be least dangerous to the community, most useful to their proprietors, and by which their situation may be ameliorated. As the law of Congress, prohibiting the further importa- tion of slaves into the United States, takes effect the ist of January next, it is evident that the proposed toleration will not increase the number in the United States. It is believed (and has not experience verified the fact?) that such is the number of slaves in the Southern States, that the safety of individuals, as well as the political insti- tutions of those States, are exposed to no small hazard. However desirable it may be to emancipate them, it can never be done until they are dispersed ; it would be equally impolitic for the whites as for the slaves. The great cur- rent of emigration is constantly flowing from the Eastern and Southern States to the Western States and Territo- ries. The increase of population in the western country for the last twenty years may afford some idea of its prob- able amount in the course of the present century ; it must SLAVERY PETITIONS AND PAPERS. 75 be immense ; and were all the territories opened to the in- troduction of slaves, a large proportion of them would naturally be drawn from the Southern States. From a reference to the States of Kentucky and Tennes- see at the time of the last United States census, it is not believed that the number of slaves would ever become so great as to endanger either the internal peace or future prosperity of the Territory. It is also rendered improbable from the interior situation of the Territory, its climate and productions. Slavery is tolerated in the Territories of Orleans, Mis- sissippi, and Louisiana ; why should this Territory be excepted. It is believed that slaves, possessed in small numbers by farmers, are better fed and better clothed than when they are crowded together in quarters by hundreds ; their situa- tion in Kentucky, Tennessee, and the back parts of Mary- land andVirginia verify this belief. Resolved, By the Legislative Council and House of Rep- resentatives of the Indiana Territory, That it is expedient to suspend for a given number of years the sixth article of compact, contained in the ordinance for the government of the Northwestern Territory, passed the 13th day of July, in the year 1787. Resolved, That a copy of the foregoing be forwarded to the Vice President of the United States, with a request that he will lay the same before the Senate ; and that a copy be forwarded to the Speaker of the House of Representatives, with a request that he will lay the same before the said House of Represetatives ; and that the Governor of this Territory be requested to forward the same, as aforesaid. Jesse B. Thomas, Speaker of the House of Representatives. Samuel, Gwathemy, President pro tem. of the Legislative Council. Passed the Legislative Council, September 19, 1807. Attest; H. Hurst, Chief Clerk. ^6 SLAVERY PETITIONS AND PAPERS. Counter Petition of Clark County. (Accompanying the above.) At a numerous meeting of the citizens of Clark county in Springville, (agreeably to notice previously given,) on Saturday, the loth day of October, 1807, for the purpose of taking into consideration the resolutions passed at the last session of the Legislature of the Indiana Territory, praying the Congress of the United States to suspend for a certain time the sixth article of compact, contained in the ordinance, Mr. John Beggs was chosen chairman, and Davis Floyd, secretary. On motion, Ordered, That a committee of five suitable persons be appointed to draught and report to this meeting, a memo- rial to Congress, in opposition to the resolutions of the Legislature of the Indiana Territory on the subject of slav- ery in this Territory, by the suspension of the sixth article of compact contained in the ordinance. And the said committee was appointed of Messrs. Abra- ham Little, John Owens, Charles Beggs, Robert Robert- son, and James Beggs. Mr. Little from the aforesaid committee, reported a memorial, pursuant to the aforesaid order, in the words and figures following, viz : To the Senate and House of Representatives of the United States in Congress assembled : The memorial of the citizens of Clark county, humbly showeth that great anxiety has been, and still is, evinced by some of the citizens of this Territory, on the subject of the introduction of slavery into the same ; but in no case has the voice of the citizens been unanimous. In the year 1802, at a special convention of delegates from the respec- tive counties, a petition was forwarded to Congress to re- peal the sixth article of compact contained in the ordinance ; SLAVERY PETITIONS AND PAPERS. >j>j but the representation of all that part of the Territory- east of Vincennes were present, and were decidedly op- posed to that part of the petition. In the year 1805, the subject was again taken up and discussed in the General Assembly, and a majority of the House of Representatives voted against said memorial on the aforesaid subject, and, consequently the memorial was rejected, as the journals of that house doth sufficiently evince ; but a number of citizens thought proper to sign the same, and, amongst the rest, the Speaker of the House of Representatives and the President of the Council, (though the President of the Council denies ever having signed the same ; ) and, by some legislative legerdemain it found its way into the Congress of the United States, as the legislative act of the Territory. In the present year of 1807, the subject was again taken up by the Legislature of this Territory, and a majority of both Houses passed certain resolutions (in the proportion of two to one) for the purpose of suspending the sixth article of compact con- tained in the ordinance, which we presume are before your honorable body. But let it be understood that in the Leg- islative Council there were only three members present, who, for certain reasons, positively refused to sign the said resolutions ; and they were reduced to the last subterfuge of prevailing on the president to leave his seat, and one of the other members to take it as president pro tern., for the purpose of signing the said resolutions. Whether this be right or wrong, judge ye. And although it is contended by some, that, at this day, there is a great majority in favor of slavery, whilst the opposite opinion is held by others, the fact is certainly doubtful. But when we take into consideration the vast emigration into this Territory, and of citizens too, decidedly opposed to the measure, we feel satisfied that, at all events. Congress will suspend any legislative act on this subject, until we shall, by the con- 78 SLA VERY PETITIONS AND PAPERS. stitution, be admitted into the Union, and have a right to adopt such a constitution, in this respect, as may comport with the wishes of the majority of the citizens. As to the propriety of holding those in slavery whom it hath pleased the Divine Creator to create free, seems to us to be repugnant to the inestimable principles of a re- publican Government. Although some of the States have, and do hold slaves, yet it seems to be the general opinion, even in those States, that they are an evil from which they cannot extricate themselves. As to the interest of the Territory, a variety of opinions exist ; but suffer 3^our me- morialists to state that it is a fact that a great number of citizens, in various parts of the United States, are prepar- ing and many have actually emigrated to this Territory, to get free from a government which does tolerate slavery. The toleration of slavery is either right or wrong ; and if Congress should think, with us, that it is wrong, that it is inconsistent with the principles upon which our future constitution is to be formed, your memo- rialists will rest satisfied that at least this subject will not be by them taken up until the constitutional number of the citizens of this Territory shall assume that right. It is considered useless for your memorialists to recapitulate the many reasons and objections which might be ad- vanced, relying that this subject is fully and fairh' under- stood by your honorable body as it relates to the natural right, policy and prosperity of a free and independent nation. On motion, Resolved, That the chairman be requested to forward duplicate copies of these proceedings, (-signed by the said chairman, and countersigned by the secretary,) one to the Vice President of the United States or President of the Senate fro tern., and one to the Speaker of the House of Representatives in the Congress of the United States. By order of the meeting, John Beggs, Chairman. Attest: Davis Floyd, Secretary. SLA VERY PETITIONS AND PAPERS. >jg Report on the Preceding. (Am. State Papers. Misc., Vol. i, p. 484.) loth Congress] [ist session Slavery in the Indiana Territory. Communicated to the Senate, November IS, 1807. Mr. Franklin, from the committee to whom was referred the representation and resolution of the Legislative Coun- cil and House of Representatives of the Indiana Territor}-, bearing date the 13th of July, 1807 ; and, also, the remon- strance of the citizens of Clark county, of the Territory aforesaid, reported : The Legislative Council and House of Representatives, in their resolutions, express their sense of the propriety of introducing slavery into their Territory, and solicit the Congress of the United States to suspend, for a given num- ber of years, the sixth article of compact, in the ordinance for the government of the Territory, northwest of the river Ohio, passed the 13th day of July, 1787. That article de- clares : "There shall be neither slavery nor involuntarv servitude in the said Territory." The citizens of Clark county, in their remonstrance, ex- press their sense of the impropriety of the measure, and solicit the Congress of the United States not to act on the subject so as to permit the introduction of slaves into the Territory ; at least until their population shall entitle them to form a constitution and State Government. Your committee, after duly considering the matter, re- spectfully submit the following resolution : Resolved, That it is not expedient at this time to suspend the sixth article of compact, for the government of the Ter- ritory of the United States northwest of the river Ohio. 8o SLAVERY PETITIONS AND PAPERS. THE REPORT OF GENERAL W. JOHNSTON, Chairman of the Committee to which the Petitions ON the Slavery Question had been Referred. (Vincennes Sun, December 17, 180S.) "After a struggle of seven years the inhabitants of this portion of the British Empire in America found themselves in possession of independence as a nation and in this in- stitution they adopted they secured the enjoyment of a degree of personal liberty utterly unknown to any other government ; but an unfortunate circumstance darkened the cheering prospect. In every state, but especially in the Southern section of the Union, an oppressed race of man supplied by a most inhuman trade, portended the most serious evils to the American nation. Sensible that slaver}^ 'in a country where liberty was deservedly so dear and had been purchased at so high a price, presented a feature of deformity not to be justified, every state hastened to put an end to the horrid traffic ; those states which could do it without danger abolished slavery alto- gether ; and those which from the great number of their negroes could not with a due regard to their safety follow at once the dictates of justice and humanity, enacted laws for the protection of that unfortunate class of men and their gradual emancipation. When the North Western Territory was ceded by Virginia to the United States, Congress obeyed the impulse of justice and benevolence, endeavored to prevent the propagation of an evil which they could not totally eradicate, by enacting in the ordi- nance which forms our constitution that there shall be neither slavery nor involuntary servitude in the Territory, otherwise than etc. The law of the Territory entitled an act concerning the introduction of negroes and mulattoes into the Territory, SLAVERY PETITIONS AND PAPERS. 8 1 makes it lawful for an holder of slaves to bring them into the Territory and to keep them therein during sixty days, during which period the negroe is offered the alternative of either signing an indenture by which he binds himself for a number of years, or of being sent to a slave state or Ter- ritory there to be sold. The natural inference from this statement forces itself upon the mind that the slave thus circumstanced is held in involuntary servitude, and that the law permitting such proceedings is contrary both to the spirit and letter of the ordinance and that therefore it is unconstitutional — your committee might add that the most flagitous abuse is made of that law ; that negroes brought here are commonly forced to bind themselves for a number of years reaching or extending the natural term of their lives, so that the condition of those unfortunate persons is not only involuntary servitude but downright slavery — it is perhaps unnecessary to advert to the novel circumstances of a person under extreme duress of a slave becoming a party to a contract, parting with himself and receiving nothing. I. That slavery though in itself unjust might neverthe- less be tolerated from reasons of expediency is a point which your committee do not feel themselves at liberty to concede. They are firmly fixed in the persuasion that what is morally wrong can never by expediency be made right such a pliable doctrine if generally admitted would soon line our highways with banditti, our streets with foot pads, and fill our exchange alleys with swindlers; but policy itself forbids the measure. With respect to popu- lation, the great and more compact population of the Middle and Eastern States, compared to that of the South- ern states, justifies the expectation that emigration will proceed more from the first than the last. This observa- tion will be rendered conclusive by this fact, that the State of Virginia, older and larger than Pennsylvania, contains ■82 SLA VERY PETITIONS AND PAVERH. a body of militia of sixty odd thousand men, while Penn- sylvania actually musters ninety odd thousand men. 2. With respect to the spirit of enterprise and internal improvements, your committee cannot trespass upon the time of the House by entering minutely into the elucida- tion of this important subject, on which very erroneous opinions have been entertained. They will only observe that a general view of the different states of the Union, and of their respective means of prosperity and importance will soon convince the impartial enquirer that the hand of freedom can best lay the foundation to raise the fabric of public prosperity. The old states north of Maryland, without one single precious commodit}', exporting nothing but bulk}' articles, present every where the spectacle of industry and animation. The stvle of their agriculture is superior; their mills, bridges, roads, canals, their manu- factures, are in point of number without a parallel in the Southern states, and they, besides other parts of the world, export to those states manufactured commodities to a large amount annual!}'. On the subject of public improvements we will beg leave to refer the House to a document laid before Congress on the subject of roads and canals. The state of Ohio furnishes us with a case in point which aptlv illustrates the two foregoing observations. In the short space of a few years our eyes witness growing into im- portance, where but a little while before Indian hordes and savage beasts roamed without control, farms, villages, towns, multiplying with a rapidity unprecedented in the history of new settlements ; the same cause will produce the same effects. The exertions of the free man who la- bors for himself and family must be more effectual than the faint efforts of a meek and dispirited slave whose con- dition is never to be bettered by his incessant toils. The industrious will flock where industry is honorable and honored, and the man of an independent spirit where SLA VER Y PE TIT ION ^ . 1 ND PA PERS. 83 equity [equality?] reigns, and where no proud nabob can cast on him a look of contempt. 3d. With respect to the influence which the practice of slavery may have upon morals and manners ; when men are invested with an uncontrolled power over a number of friendless human beings held to incessant labor; when they can daily see the whip hurrying promiscuously the young, the aged, the infirm, the pregnant w^oman, and the mother with her suckling infant to their daily toil ; when they can see them unmoved shivering with cold and pinched with hunger; when they can barter a human be- ing with the same unfeeling indifference that they barter a horse ; part the wife from her husband, and unmindful of their mutual cries tear the child from its mother ; when they can in the unbridled gust of stormy passions inflict cruel punishments which no law can avert or mitigate ; when such things can take place, can it be expected that the milk of human kindness will ever moisten the eyes o men in the daily practice of such enormities, and that they will respect the moral obligations or the laws of justice which they are constantly outraging with the wretched negro. Their passions, never controlled, will break out in frequent quarrels, which will be decided with savage cruelty, and their manners will receive a tinge of repelling fierceness, which will be too often discernible where a proper education has not softened and expanded the heart and corrected the understanding. At the very moment that the progress of reason and general benevolence is consigning slavery to its merited destination, that England, sordid England, is blushing at the practice, that all good men of the Southern states repeat in one common response ' / tremble for fny country whe^i I reflect that God is just, must the Territory of Indiana take a retrograde step into barbarism and assimilate itself with Algiers and Morocco? 4th. With respect to its political eflfects, it maybe worthy Sa SLA VERY PETITIONS AND PAPERS. of enquiry how long the political institutions of a people admitting slavery may be expected to remain uninjured, how proper a school for the acquirement of republican vir- tues is a state of things wherein usurpation is sanctioned by law, wherein the commands of justice are trampled under foot, wherein those claiming the right of free men are them- selves the most execrable of tyrants, and where is conse- crated the dangerous maxim " that power is right." Your committee will here only observe that the habit of unlimited dominion in the slave-holder will beget in him a spirit of haughtiness and pride productive of a proportional habit of servility and despondence in those who possess no negroes, both equally inimical to our institutions. The lord of three or four hundred negroes will not easily forgive, and the mechanic and laboring man will seldom venture a vote contrary to the will of such an influential being. This question your committee have hitherto only considered in relation to the internal prosperity and happiness of the Ter- ritory, they cannot yet dismiss the subject without offering to this House two observations tending to provethat in re- lation to the United States the admission of slavery into this Territory is a measure which neither justice nor policy can justify. The negro holders can emigrate with their slaves into the extensive Mississippi Territory, the Terri- tory of New Orleans, and the more extensive Louisiana. By opening to them the Territory of Indiana, a kind of monopoly of the United States land is granted to them, and the Middle and Eastern States as well as enemies of slavery from the South are effectually precluded from forming settlements in any of the Territories of the United States. Your committee respectfully conceive that the National Legislature can not with justice make such an unequal distribution (if they may be allowed the expression) of the lands with the disposal of which they are entrusted for the SLA VERY PETITIONS AND PAPERS. 8$ benefit of all, but especially of those states whose overflow- ing population renders emigration necessary. If we take a general survey of the geographical extent of the United States, we'll see with concern the system of slavery extending from the line of Pennsylvania and the Ohio river to the Floridas, and from the Atlantic to the Mississippi. By the purchase of Louisiana where it was found existing, it may spread to our indefinite extent North and West, so that it may be said to have received a most alarming extension and is calculated to excite the most serious fears. By admitting it to Indiana, that is to say opening to it the vast tract of country 13'ing between the state of Ohio, the river of that name, the Lakes, and the Mississippi, the comparative importance of the Middle and Eastern states, the real strength of the Union, is greatly reduced, and the dangers threatening the internal tran- quility of the United States proportionably increased. From the above reasons, and many others which might be adduced, your committee are of opinion that slavery cannot and ought not to be admitted into this Territory ; that it is inexpedient to petition Congress for a modifica- tion of that part of the ordinance relative to slavery ; and that the act of the Legislature of Indiana for the introduc- tion of negroes and mulattoes into the said Territory ought to be repealed, for which purpose they have herewith re- ported a bill. Your committee are further of opinion that a copy of this report and a copy of one of the petitions upon which the same is predicated be immediately made out, signed by the Speaker of this House and attested by the Clerk, and forwarded by the ensuing mail to the Speaker of the House of Representatives of the United States, with a re- quest that he will lay the same before Congress." Geni.. W. Johnston. Chairman of Committee." 86 ^LA VERY PETITIONS AND PAPERS. OPINION OF JOHN JOHNSON, IN POLLY'S CASE. In 1779 or 80 a negro woman was taken prisoner by the Indians, of tiie age of 15. She was sold to Isaac Will- iams, at Detroit and sold by said Williams to Antoine Lasselle. While the said woman was in the possession of Lasselle she had three children, two of whom I. B. La- plant purchased. Question are those children slaves? As to the first point, the woman was taken by the In- dians as allies of England while they were in a state of warfare with the state of Virginia and the other states of the United States. As such she must be considered as a lawful prize, at least so much so that the conqueror had a right by virtue of his power to dispose of her life or per- son as he might think proper. This position is strength- ened because of her being held as a species of property by her owner before and at the time she was taken. Secondly Detroit and what was formerly called the North Western Territory in the years 1779 & 80 (nay untill 1783) was an integral part of the state of Virginia and gov- erned by the same laws. By a law of the Colony of Vir- ginia passed in the year 1705 negroes reduced to posses- sion are considered as slaves. This law still continues in force with some small variation with regard to the manner of transferring that property. Thus the said woman could be held as a slave either by virtue of conquest or by virtue of the laws of Virginia. In 1783 Virginia ceded the North Western Territory in- cluding Detroit to the United States. By the articles of cession and by the Ordinance for the Government of this Territory the rights and privileges and also the property of the inhabitants are guarranteed to them. Hence the said negro woman being taken and considered as a species of property prior to the adoption of the Ordinance for the Gov- ernment of the said Territory the 6th article thereof which SLAVERY PETITIONS AND PAPERS. 87 prohibits involuntary servitude can not afFect her condition or the rights of her master. Thirdly the children follow the condition of the mother and not of the father. This point is as well defined by law as any other whatever and the reason of it is this. The Slave being considered as the absolute property of the master for life he has a right to all the undivided emoluments arising from such slave and the increase of such female slave being part of the benefit arising from such kind of property as much so as her labor. From the foregoing premises I am decidedly of opinion that the children of the Negro Woman alluded to are slaves. Jno. Johnson. Indorsement. Opinion Johohn Jonson Avocast povir pol6s negr^sse.