Box 2, Folder 2: Scrapbook - Historical Societies

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ville, and from thence by a line drawn along the middle of this river and the lakes Maurepas and Pontchartrain, to the sea; the river a port of Mobile, and every thing which he possesses or ought to possess, on the left side of the river Mississippi, are ceded by the French King to England, with the exception of the Town of New Orleans and of the island on which it is situated, which shall remain to France (1), the navigation of the Mississippi from its source to the sea, to be equally free as well to the subjects of Great Britain as to those of France.

This Treaty between Great Britain, France, Spain, and Portugal, was concluded in 1763, but the preliminary articles were signed on the 3d of November, 1762, at which time by a secret act of cession the French King gave to Spain all of Louisiana west of the Mississippi, together with New Orleans and the island on which it is situated. The whole country east of the Mississippi, including all the various towns of the North West, were by the same peace-making powers ceded to England. Possession of this region of country was taken by the English in 1765, and a garrison established by them at Fort Chartres. For some years, many differences arose between the British rulers and the French inhabitants, especially in relation to their respective land claims, which induced many of the old French Settlers to cross the River into the dominions of Spain, so that in 1770 Kaskaskia contained only sixty five resident families, and Cahokia only forty-five dwellings. (2) The few white inhabitants in the Illinois Settlements from 1770 until 1778, were confined to Kaskaskia, the village of Prairie du rochers, Cahokia village, Fort Chartres, and St. Philips; and even so late as 1790 the total number of families did not exceed one hundred and fifty. (3)

But notwithstanding the paucity of European inhabitants in that region of country, forming a great part of what has since been known as the North West Territory, the English in 1776 had military possession of the whole country from Detroit to the mouth of the Ohio, and bounded westward by the Mississippi. The vast and controlling influence which such an occupation of the country would inevitably have over the Indian tribes, was exercised to the effect, that in the struggles of the American Revolution, the most of those tribes either joined the forces of the English, remained neutral under their control, or were engaged in predatory and destructive warfare on every American Settlement within their reach, and most particularly on those bordering on the Ohio and all of its tributary streams. It is true that distress and suffering was common to all the col__________ (1) Vide Land Laws, p. 83. (2) Annals of the West, p. 176. (3) Ibid, 178.

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onies during the fearful and trying period of the Revolution, and they were borne with fortitude by all; by none, more than by the settlers of the West; and were it not for their bold resistance and partisan warfare on the frontiers of population, who will now undertake to say what might have been the result of a pouring out by England of her troops, from Canada in the whole rear of the Settlements of the Atlantic States, assisted as she could command herself to be, by all the Indian Nations of the West?--It is certain that a great check was given to the power of the British over the Indians, and a vast extent of Frontier Country wrested from the possession of the Enemy, by the patriotism of Virginia in fitting out expeditions, and by the prudence, judgment, perseverance, and bravery of one of Virginia's Sons, George Rogers Clarke. In the result of his enterprise and success, Virginia as a Sovereign State became possessed of a great part of what is generally known as the North Western Territory, now comprising Five of the confederated States.

During the year 1775 the Indians in a measure had ceased their predatory incursions, and it was apparent that they were preparing, at the instigations of the British, for a general attack on all our frontier stations; in the following year the North-western tribes, angered by the hunting incursions from Virginia and Carolina, sent forth their straggling parties, who filled the woods of Kentucky, and whose fearful depredations aroused the sympathy and drew forth the protection of Virginia to the "Transylvania" colonists. Thus in 1776 Kentucky was recognized by Virginia as a part of the State, and erected into a county; and in bringing about this desirable event, the exertions of George Rogers Clarke well entitle him to the name and merit of one of the founders of Kentucky.

It will be perceived that by the possession of the three important posts of Detroit, Vincennes and Kaskaskia, and a union of action, the British could not only maintain their influence over the Indians, but in a state of war could bring out and control a united force, which our adventurous pioneers of the West could not long resist; to break this influence and destroy this union became the design and achievement of George Rogers Clarke.

Having well conceived and matured his plans, Clarke proceeded to the seat of government of Virginia in November 1777, and laid them before Patrick Henry, then Governor, and his council; they were favourably considered, sad as the reduction of the western posts was regarded as a matter in which the safety of the frontier was involved, it was determined that Clarke should march against the Illinois settlements.

For this purpose Clarke was furnished by Governor Henry with two

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sets of instructions, one open, authorizing him to raise seven companies of fifty men each, to go to Kentucky, and to serve under his orders for three months from their arrival in the West; the other secret, ordering him with the above stated force to attack Kaskaskia, and, if successful, to secure all munitions of war for the benefit of the State, for the purpose of establishing a post near the mouth of the Ohio; and also to take all willing inhabitants under the protection of the Commonwealth of Virginia, they taking the test oath: and to place them under military protection in case they should thus acknowledge themselves citizens; these orders were dated on the second of January 1778, and twelve hundred pounds in depreciated currency was furnished to Colonel Clarke.

From Williamsburg Clark went to Pittsburg for powder and lead, and there enlisted three companies, with which, and some private adventurers, he descended the Ohio to t he Falls, where he took possession of and fortified Corn Island, opposite the present site of Louisville. On the 24th of June he fell down the river, designing to follow the Ohio to Fort Massacre, and thence go by land direct to Kaskaskia. If he failed, his plan was to throw himself across the Mississippi into the Spanish settlements; the alliance of France with the colonies became known in the West at this time, and it was certainly to be expected that such an event would make the cause of the Americans popular with the French on the Lakes and in Illinois.

On the evening of the 4th of July Clarke took possession of the fort of Kaskaskia with one party, quietly entering it by an open gate; two other parties entered the town at the same time, at different points, and the whole on a given signal. The lenient and wise conduct of Clarke to the alarmed French inhabitants immediately secured them as friends, and they offered to go with a detachment against Cahokia; this place was taken possession of on the 6th of July, and thus the two chief posts in the Illinois had passed without bloodshed from the possession of England to Virginia.

St. Vincents was the most important post except Detroit in all the West, and Clarke being compelled to remain near the Mississippi to organize a government for his new colonies, and to treat with the Indians of the North-west, he was constrained to postpone his operations against it. But M. Gibault, the Priest of Kaskaskia, told him he would undertake by persuasion alone to lead the inhabitants of Vincennes to throw off their forced connection to England. Accordingly on the 14th of July M. Gibault accompanied by a fellow townsman left Kaskaskia on his peaceful mission, and on the 1st of August he returned with the gratifying in-

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telligence that the inhabitants of the post on the Wabash had taken the oath of allegiance to the Old Dominion. Clarke placed garrisons at Kaskaskia, Cahokia and Vincennes.

In October 1778, the county of Illinois was created by act of the Legislature of Virginia, and a vote of thanks passed to Colonel Clarke, his officers and men for their important services in reducing "the British "posts in the western parts of the commonwealth, on the river Mississippi "and its branches."

In December 1778 Lieutenant Governor Henry Hamilton, the British commander at Detroit, moved down upon St. Vincents, from which point he intended to reduce Kaskaskia and Cahokia. At this period there were only two men in the fort, Captain Helm, a Virginian, and one Henry. Hamilton came with a large body of men, and the incident with which he met at this fort probably actuated his future movements; at all events it gave him a new insight into the character of the men with whom he came prepared to combat. When the British approached, Captain Helm stood by the single cannon with lighted match, and as the enemy came nigh, bade them stand, and demanded to know what terms would be granted the garrison, as otherwise he would not surrender. Hamilton, unwilling to lose time and men offered the usual honors of war, and could scarce believe his eyes when he saw the threatening garrison to consist of ONE officer and ONE private. He pursued his advantages no further than by sending his Indians, about 400, to prevent troops from coming down the Ohio, and quietly sat down himself at Vincennes for the winter. On the 29th of January 1779 information reached Clarke of the occupation of the fort by Hamilton, and on the 7th of February he left Kaskaskia with 170 men to besiege the British Governor and retake the post, having sent a batteau down the Mississippi to ascend the Ohio and Wabash and co-operate with the land forces. After almost unparalleled hardships in marching over the level prairies and marshes, now covered with mud and water, through which the little band was compelled to wade for miles, with rain pouring on their heads, they reached the fort on the 21st of February; Hamilton had a garrison of 79 men; they sustained a siege of three days, and after considerable loss on the part of the British, and only one wounded on the part of the Americans the fort capitulated on the 24th. The Governor and some others were sent prisoners to Virginia, and Clarke returned to Kaskaskia (1). The country between the Ohio and Mississippi was claimed as a part of and belonging to Virginia. __________ (1) Western Annals, passim.

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The acquisition of territory from the common enemy by any one State of the Union, for its own exclusive benefit, became a subject of much debate and of the most serious consideration in Congress when the articles of confederation were under discussion in 1778-9 and '80. The objections of New Jersey to the proposed plan of Union (1) stated that, "it had been expected that the benefits derived from a successful contest "were to be general and proportionate; and that the property of the "common enemy, falling in consequence of a prosperous issue of the "war, would belong to the United States, and be appropriated to their "use. The jurisdiction ought in every instance to belong to the respec"tive States within the charter or determined limits of which such lands "may be seated; but reason and justice must decide, that the property "which existed in the crown of Great Britain, previous to the present "revolution, ought now to belong to the Congress, in trust for the use and "benefit of the United States. They have fought and bled for it in pro"portion to their respective abilities; and therefore the reward ought not "to be predilectionally distributed. Shall such States as are shut out by "situation from availing themselves of the least advantage from this "quarter be left to sink under an enormous debt, while others are enabled, "in a short period, to replace all their expenditures from the hard earn"ings of the whole confederacy?"

The Assembly of Delaware, while they authorized their delegates to ratify the articles of confederation, also passed resolutions as strong in language as the remonstrance of New Jersey, one of which was: "Re"solved also, That this State consider themselves justly entitled to a right "in common with the members of the Union, to that extensive tract of "country which lies to the westward of the frontiers of the United States, "the property of which was not vested in, or granted to, individuals at "the commencement of the present war. That the same hath been or "may be gained from the King of Great Britain, or the native Indians, "by the blood and treasure of all, and ought therefore to be a common "estate, to be granted out on terms beneficial to the United States." (2)

From the instructions given by Maryland to her representatives, in confirming the bond of Union, the following is selected: "Virginia, by "selling on the most moderate terms a small proportion of the lands in "question, would draw into her treasury vast sums of money; and in pro"portion to the sums arising from such sales would be enabled to lessen "her taxes. Lands comparatively cheap, and taxes comparatively low, __________ (1) Secret Journal, 1, p. 377. (2) Secret Journal, 1, p . 429.

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"with the lands and taxes of an adjacent State, would quickly drain the "State thus disadvantageously circumstanced, of its most useful inhabit"ants; its wealth and its consequence in the scale of the confederated "States would sink of course. A claim so injurious to more than one "half, if not to the whole of the United States, ought to be supported by "the clearest evidence of the right. Yet what evidences of that right "have been produced? What arguments alleged in support either of "the evidence or the right? None that we head of deserving a serious "refutation.

"We are convinced policy and justice require that a country unset"tled at the commencement of this war, claimed by the British Crown and ceded to it by the Treaty of Paris, if wrested from the common "enemy by the blood and treasure of the thirteen States, should be con"sidered as a common property, subject to be parceled out by Congress "into free, convenient, and independent governments in such manner and "at such times as the wisdom of that Assembly shall hereafter direct." (1)

The representatives of Maryland were also instructed to accede to the confederation only in consideration of an Article or Articles in conformity with the above declarations being added to the bond of Union of the States.

The difficulties towards perfecting a Union under the Articles of Confederation were increased in 1779 by the passage of the laws in Virginia for disposing of public lands; apprehensive of the consequences, Congress on 30th October in that year resolved that Virginia be recommended to reconsider her act opening a Land Office, and that she and all other States claiming wild lands be requested to grant no warrants during the continuance of the war (2). On the 19th of February 1780, New York passed an act conferring power on her Delegates to cede the Western lands claimed by her, for the benefit of the United States; on the 6th of September 1780 a resolution passed Congress pressing upon the States claiming Western lands, the wisdom of giving up their claims in favor of the whole country (3); and to aid this recommendation, upon the 10th of October was passed the following resolution, (4) which formed the basis of all after action, and was the first of those legislative measures which have thus far resulted in the creation of the States of Ohio, Indiana, Illinois, Michigan and Wisconsin (5). __________ (1) Secret Journal, 1, p. 435. (2) Old Journals, III, p. 384-5. (3) Idem, p. 516. (4) Idem, p. 535. (5) Western Annals, p. 227.

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No. 9. Resolved, That the unappropriated lands that may be ceded or relinquished to the United States by any particular State, pursuant to the recommendation of Congress of the 6th of September last, shall be disposed of for the common benefit of the United States, and be settled and formed into distinct republican States, which shall become member of the Federal Union, and have the same rights of sovereignty, freedom and independence, as the other States; that each State [each State] which shall be so formed shall contain a suitable extent of territory, not less than 100, nor more than 150 miles square, or as near thereto as circumstances will admit; that the necessary and reasonable expenses which any particular State shall have incurred since the commencement of the present war, in subduing any British posts or in maintaining forts or garrisons within and for the defense, or in acquiring any part of the territory that may be ceded or relinquished to the United States, shall be reimbursed.

That the said lands shall be granted or settled at such times and under such regulations as shall hereafter be agreed on by the United States in Congress assembled, or in any nine or more of them. (1)

In January 1781, Virginia agreed to cede her western lands to the United States on certain conditions, among which were these: First, no person holding ground under a purchase from the natives to him or his grantors, individually, and no one claiming under a grant or charter from the British crown, inconsistent with the charter or customs of Virginia, was to be regarded as having a valid title; and, second, the United States were to guarantee to Virginia all the territory South-east of the Ohio to the Atlantic, as far as the bounds of Carolina (2). These conditions Congress would not accede to, and the act of cession on the part of the Old Dominion failed nor was anything farther done until 1783. (3)

On the 30th of November 1782, the provisional articles of peace between England and the United States were arranged. On the 20th of January following hostilities ceased, and on the 19th of April, the anniversary of the battle of Lexington, peace was proclaimed to the army of the United States. On the third of September following, the definitive treaty was concluded, and the boundaries of the West established as follows. "The line on the North was to pass along the middle of lake Ontario to the Niagara river; thence along the middle of said communication into Lake Erie, through the middle of said lake until it arrives at the water communication between that lake and Lake Huron; thence through the middle of said lake to the water communication between that __________ (1) Land laws 338. (2) Old Journals 4 p. 165-6-7. (3) West. Annals 230.

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lake and Lake Superior; thence through Lake Superior northward to the Isles Royal and Philipeaux to the Long lake; thence through the middle of the said Long lake and the water communication between it and the Lake of the Woods, to the said Lake of the Woods; thence through the said lake to the most North-western point thereof; and from thence, on a due West course to the River Mississippi; thence straight to the head of St. Mary's river; and thence down the middle of St. Mary's river to the Atlantic ocean."

Although peace with England was thus established, it did not necessarily follow that a cessation of warfare with the Indians of the West would ensue. The great body of fertile lands thus thrown open, not only to settlement but also to speculation, whose spirit is sometimes stronger than law, raised a difficulty which required the wisdom and powers of Congress to overcome. Various stringent measures were proposed in relation to the settlement and occupation of public lands, lest by driving the natives to desperation, a renewal of border wars might be expected, and a fearful expenditure of money, and of life, be the inevitable result. Washington in writing to James Duane in Congress, in September 1783, enlarged on these difficulties and proposed several remedies for anticipated evils, and the ere the Congress of the freed colonies could take any efficient steps to secure the West, it was necessary that those measures of cession which commenced in 1780-1, should be completed. Congress had accepted the deed of cession of New York of 1781, but no acceptance of the deed of cession of Virginia had taken place, as that State had asked for a guarantee for other territory which Congress would not give. The necessity of cessions was again passed by Congress, and on the 13th of September, six days after Washington's letter, above referred to, the terms were stated upon which they would receive the proposals of the ancient Dominion (1). To these terms the Virginians acceded, and on the 20th of December authorized their delegates to make a deed to the United States of all their right in the territory North-west of the River Ohio, (Note L) and in consonance with the conditions agreed on, a deed ___________ (1) Old Journal 4, 189.

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was made on the first of March 1784. A plan for the temporary government of the newly acquired territory was reported in the month of April following, and on the 19th Mr. Spraight of North Carolina moved to strike from that plan, which had been reported by Mr. Jefferson, a provision for prohibiting slavery North-west of the Ohio after the year 1800, and this motion prevailed (1). From that day, until the 23d, the plan was debated and altered and then passed unanimously with the exception of South Carolina (2). By this proposition the territory was to have been divided into States by parallels of latitude and meridian lines (3) this, it was thought would have made ten States, which were to have been named as follows, beginning at the North-west corner and going southwardly:--Sylvania, Michigania, Chersonesus, Assenisipia, Metropotamia, Illenoia, Saratoga, Washington, Polypotamia, and Pelesipia (4). "Surely the hero Mount Vernon must have shuddered to find himself in such company." (5)

The number of States was a serious difficulty in regard to this plan, as also were their boundaries; the root of the evil was in the resolution passed by Congress in October 1780, which fixed the size of the States to be formed from the ceded lands, at one hundred and fifty miles square, and further legislation was necessary to be had by the States of Massachusetts and Virginia on the subject of their respective deed of cession. On the 7th of July 1786, this subject was taken up in Congress and a resolution passed in favor of a division of not less than three, nor more than five States, which resolution Virginia, at the close of 1788, assented to. (6)

On the 29th of September 1786, Congress having thus changed the plan for dividing the North-western territory into ten States, proceeded to reconsider the terms of an ordinance for the government of that region; this subject was taken up from time to time until the 13th of July 1787, when it was finally passed in the terms and language which is familiar to us all, as it has become the corner stone of the constitutions of our Northwestern States. (7)

The following clause in the sixth article of this ordinance has ever been considered as a guarantee prerogative, in which the inhabitants of the North-western territory may justly feel a high degree of pride; it has been the star on whose effulgence the framers of the free constitutions __________ (1) Idem 373. (2) Idem 380. (4)[3] 379. (5)[4] Spark's Washington IX, 49. (6)[5] West. ann. p. 292. (6) Land Laws 338, 100, 101, West. annals 292, 3. (7) Western Annals p. 293.

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of the five States have ever fixed their eyes, as upon an unerring guide; and one whose all-pervading rays have penetrated, spread over, and enlightened all parts of those charters of self-government which recognize and assert the inherent and indefeasible rights of Man:

"There shall be neither slavery nor involuntary servitude in the "said territory, otherwise than in the punishment of crimes, whereof the "party shall have been duly convicted."

So important has this clause been considered at the present day, in relation to the organization for governmental purposes of other territory of the United States, that great political excitement has sprung from the question of its presence or absence in the instruments of organization. The paternity itself, of the clause, may for a time be obscured by the prefix of a "Wilmot" name, but the apostle of Liberty, Jefferson, must be regarded as the true father. We have seen that in the plan for the temporary government of the new territory reported by Mr. Jefferson in 1784, a provision was introduced prohibiting slavery North-west of the Ohio after the year 1800, and that this provision was afterwards struck out; Mr. Jefferson was in France as Minister in 1785-6 and 7, when the ordinance was at various times the subject of discussion in Congress. To Nathan Dane of Massachusetts belongs the honor of having drawn up the ordinance of 1787, and of have strenuously supported the antislavery clause; and it may not be considered as out of place, in this capitol, situate in the heart of a county of Wisconsin, which has been honorably distinguished in bearing his name, that the credit of the introduction of the mis-called "Wilmot proviso," should be restored to Nathan Dane, and its remote paternity to Thomas Jefferson. May the principles of that Proviso, ever sacredly guarding the constitutional rights of sovereign States, be perpetuated throughout the Union, and remain co-existent with our glorious Republic of Freemen!

Having now reached a period in the history of the North-western territory at which, by the ordinance of 1787, the boundaries of three States were limited and defined, and the remaining portion of the territory was destined to form two States, of which Wisconsin now is one it is well for us to make a pause in a discourse already greatly protracted. The settlement of Wisconsin, her territorial government, and subsequent rise into her deserved rank as a sovereign State are more correctly the subjects of a future historical examination and discourse, to which task the industry and learning of our fellow-members of the Society is earnestly invited.

Gentlemen of the State Historical Society of Wisconsin: Permit