Alexander County IL Archives History - Books .....Chapter III The Illinois Territorial Government 1910 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/il/ilfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Joy Fisher sdgenweb@yahoo.com August 15, 2006, 4:53 am Book Title: A History Of The City Of Cairo Illiniois CHAPTER III THE ILLINOIS TERRITORIAL GOVERNMENT IT would be interesting to stop here and speak of the contest in and out of congress to prevent the division of the Indiana territory and the organization of the territory of Illinois, and of the public men who lost or won in the heated controversy; but space will not admit of this being done. President Madison, March 7, 1809, appointed Nathaniel Pope, of the territory of Louisiana, the secretary of the territory; and April 24th, he appointed Ninian Edwards, of Kentucky, governor of the territory. The governor and the judges promulgated thirteen laws in 1809, twelve in 1810, and five in 1811. March 14, 1812, he ordered an election to be held the second day of April to enable the people to express their preference as to whether the government should pass from the first to the second grade; and the vote resulting in favor of the change, on the 14th of September, he ordered an election to be held October 8th, 9th and 10th, for the purpose of choosing a delegate to congress, members of the legislative council and representatives to the general assembly, of the territory. Shadrack Bond was chosen delegate to congress, Pierre Menard, Benjamin Talbot, William Biggs, Samuel Judy, and Thomas Ferguson, members of the legislative council, and George Fisher, Alexander Wilson, Philip Trammel, John Grammer, Joshua Oglesby, Jacob Short, and William Jones, members of the territorial house of representatives. Menard became president of the council and John Thomas its secretary; George Fisher became speaker of the house and William C. Greenup its clerk. The first territorial legislature or general assembly convened at Kaskaskia November 25, 1812, and continued in session thirty-two days and enacted thirty-seven laws. The salary of the Attorney General, B. M. Piatt, was $175 per annum; those of the Auditor, H. H. Maxwell, and of the Treasurer, John Thomas, were $150 each. The pay of the members of the legislature was $2.00 per day. The second session of this assembly convened November 8, 1813, and enacted thirteen laws, among them one to prevent the sale of liquor to the Indians, and another to prevent the emigration of negroes and mulattoes into the territory. The second territorial legislature convened on the I4th of November, 1814. It made a contract with Nathaniel Pope for revising the laws of the territory. It also passed an act for the incorporation of Shawneetown, and an act authorizing the payment of $50.00 for every hostile Indian killed. On the 24th of December, it adjourned until September 4, 1815. Re-assembling, it continued in session thirty-nine days and enacted thirty-eight laws, one of which was to tax billiard tables $150 per annum; another to punish counterfeiters of bank bills by fining and whipping, and if they were unable to pay the fines, they were to be sold by the sheriff at public sale to satisfy the judgments. The third legislature sat from December 2, 1816, to January 14, 1817, and then took a recess to December 1st. It enacted twenty-eight laws at that session. One was to establish a bank at Shawneetown with a capital of $300,000. Indiana had prohibited non-resident lawyers from practicing in their courts; and in retaliation, this legislature passed an act imposing a fine of $200.00 upon any Indiana lawyer found practicing in the territory, and a fine of $500.00 against the judge who knowingly allowed the Indiana lawyer to practice in his court. At this time there was no very friendly feeling between the people of the two territories because of the contest concerning the division of the territory of Indiana. The second session convened December ist, and enacted fifty laws, among them the only law it ever enacted relating to Cairo, the act to incorporate the City and Bank of Cairo. It passed both houses of the legislature and was approved by the Governor January 9, 1818. The final adjournment of the legislature took place January 12, 1818, three days after the enactment of this law concerning Cairo. The state was admitted into the Union December 3, 1818. The map of Illinois of 1822, by H. S. Tanner, Philadelphia, found at the beginning of Chapter I, shows very well the advancement of the state at about the time of its admission into the Union. We have thus given considerable space to our Illinois territorial government, extending from February 3, 1809, to December 3, 1818, a period of nine years and ten months. It is a meager outline, but it shows something of the general condition of what is now our part of the state, which was indeed about all there was then of it. In 1809, her population was about 11,000 and in 1818 it had increased to nearly 50,000. The territory had become the third state of the five states contemplated by the ordinance of 1787. We cannot take leave of this subject without some suitable reference to Kaskaskia. Cairo owes it existence chiefly to Kaskaskia men. Let me name some of them: Shadrack Bond, Elias Kent Kane, Henry S. Dodge, Michael Jones, Warren Brown, Edward Humphrys, Sidney Breese, David J. Baker, and Miles A. Gilbert. All that was done for and about Cairo, in 1817 and in 1818, was done at Kaskaskia; and the very first movement toward a second attempt to build a city here was started at Kaskaskia in 1835 and 1836, and chiefly by Breese, Baker and Gilbert. Kaskaskia was the seat of almost all of the earlier operations of the Cairo City and Canal Company, although its directors met now and then at Alton. That company's banking operations under the act of January 9, 1818, were carried on there and as late as 1839, 1840 and 1841. The Bank of Cairo, under said act, issued its notes there which recited on their face that they were issued at Kaskaskia. See two of its bank bills on another page. But we must not say more about Kaskaskia, about which so much has been said and written. One volume could not contain it; for of and concerning it, Frenchmen, Englishmen and Americans have told their stories. Like the Indian tribe, from which it took its name, it has quite ceased to exist. The abrading waters of the great river, near to which it stood so long, cared quite as little for the Frenchmen and the Englishmen as for the Indian, and the old French post and town, standing midway between Quebec and New Orleans, is now scarcely more than a mere landmark in the center of a nation of almost one hundred millions of people. It was one of the goals of the adventurers, explorers, and missionary priests on their long and slow journeys between those distant French cities. It was indeed a resting-place, and the society and customs, the religion and amusements, they there found were to them like a return to their own beloved France. It was civilized existence again, darkly shaded, it may be, by the aboriginal life that everywhere breathed over the face of the vast country, But to those who dwelt there, and perhaps more to the sojourners for a time, the shadow of Indian life served only to brighten by contrast the short and narrow strip of country which there skirted the great river. In the examination of our real-estate and court records here in Cairo, I have found Nathaniel Pope's name so often mentioned, that I trust it will not be regarded as entirely out of place to devote a page or two to this able man. He was born in Louisville in 1774; resided at St. Genevieve for a while, and in the year 1808 removed to Kaskaskia; became the first secretary of the territory; was the territory's delegate in congress from 1816 to 1818; was the first United States judge in the state and held the position to the time of his death, which occurred at the home of his daughter, Mrs. Yeatman, at St. Louis, January 23, 1850. General Pope of the late Civil War was a son of the former. Judge Pope is well known as the compiler of an edition of our statutes. We make this reference to Judge Pope chiefly to show that to him the people of the state are indebted for the extension of the state's northern boundary some sixty miles north of the southern extremity of Lake Michigan. The 5th article of the ordinance of 1787 bounded our state, or the third of the proposed states, by the Mississippi, Ohio and Wabash rivers and by a line from the Wabash to the north boundary line of the territory and made its north boundary line "an east and west line drawn through the southern bend or extremity of Lake Michigan." When the territorial government applied for admission into the Union, Pope saw that the new state was to be shut out from the great lake, and hence he determined to do what he could to have congress extend the north boundary line of the state some distance further northward and thereby secure to the state the great commercial advantages which he was sure the lake would afford it. This desire and effort led to much controversy and engendered much bad feeling. The ordinance, like many other great instruments after it, was called a compact between the states and beyond the reach of congress, just as it was afterwards urged that the 6th article of the ordinance relating to slavery was a compact; but congress believed it was not bound by the lines described in the ordinance, and accordingly extended the north line of the state northward to the latitude of 42 degrees and 30 minutes, or for the distance of about 60 miles. It added about four millions and a half acres of the finest land to Illinois. Wisconsin was not a state then; but its people to this day regard that act of congress as a most flagrant breach of law and justice. Prior to 1818, there were on the north bank of the Ohio, from the mouth of the Tennessee to the mouth of the Ohio, four or five small settlements, villages or clusters of houses, bearing the following names, Trinity, America, Caledonia, Napoleon and Wilkinsonville, and last of all Fort Massac. Trinity, America, Napoleon and Wilkinsonville have long since ceased to exist, and now few persons are living who remember anything about them. Dr. Reuben Gold Thwaites, in the year 1894, made a trip down the Ohio from Pittsburg to Cairo, described in his "On the Storied Ohio" and stopped at what was once the place or site of Wilkinsonville. It was named after General James Wilkinson, whom history connects closely with Col. Aaron Burr's scheme or supposed scheme to set up a separate government in the southwest. Dr. Thwaites took occasion to remark that he found no one in the vicinity of the old site who had ever heard of Wilkinsonville. He stopped there but a few hours, we suppose, and could have seen but a very few persons; but had he talked with many he would probably have found no one who could have told him much about the old post. Still it is somewhat remarkable; for Wilkinsonville is found in almost all of the old maps and gazetteers and in all of the Ohio River guides up to 1838 and probably later. Burr passed there in 1805, and again December 31, 1806. President Jefferson, in a message to the senate and house, January 28, 1807, informed them that Burr had passed Fort Massac December 3ist with ten boats navigated by six men each. Burr and his boats and men passed this point no doubt on the first day of January, 1807. He left them somewhere down the river in the state of Mississippi and sought to escape; but he failed in this and was arrested and taken to Richmond and there tried for treason and acquitted. General Jackson with fifteen hundred men in boats left Nashville on the loth day of January, 1813, and reached here January 27th, where they were detained three days by ice in the Mississippi. His men were Tennesseeans and Kentuckians chiefly, and all of them riflemen by long practice as hunters. The rivers were then low. Game of all kinds abounded on the point here and in Kentucky and Missouri. Jackson always maintained excellent discipline, but he also knew very well there was such a thing as too much strictness with troops like those freedom-loving hunters of the two states mentioned; and there is no doubt but that during their three days' stay here the sharp crack of the rifle was heard everywhere over the point and across the river in Kentucky and that their camps here or over there were bountifully supplied with game. But Indians were here also. This part of the state had been set apart to them by the Indian treaty of August 13, 1803. Most of them had gone from these parts of the country, but now and then bands of them, passed through the country and often their movements were attended with the severest cruelties to the people of the settlements which lay in the line of their travels. One of their most atrocious deeds took place on the Ohio just south of Cache River, where old Trinity was soon thereafter established. It was on the 9th day of February, 1813, that ten Indians, coming along the Ohio from the Wabash country, reached the three or four families resident just south of Cache River. They represented themselves as friendly to the white settlers and were kindly received and given the food they desired. Seeing that they were stronger than the few settlers there and the latter suspecting nothing, they suddenly made an attack upon them and cruelly murdered in the most inhuman manner five or six of them. One or two of the white men escaped, and the Indians, fearing that others might soon come to the relief of the settlers, hurried away, although a very considerable number of persons assembled for their capture; but they crossed the river and escaped from their pursuers. For some little time before this and a few years afterwards such occurrences were not infrequent in the Illinois territory. One of the most notable was the Fort Dearborn massacre of August 15, 1812. We mention these events to show something of the condition of the country just preceding the admission of the state into the Union and the commencement of the work of establishing a city here at this place. Additional Comments: Extracted from: A HISTORY OF THE CITY OF CAIRO ILLINOIS BY JOHN M. LANSDEN WITH MAPS AND ILLUSTRATIONS CHICAGO R. R. DONNELLEY & SONS COMPANY 1910 COPYRIGHTED, 1910 BY JOHN M. LANSDEN The Lakeside Press R. R. DONNELLEY & SONS COMPANY CHICAGO File at: http://files.usgwarchives.net/il/alexander/history/1910/ahistory/chapteri77nms.txt This file has been created by a form at http://www.genrecords.net/ilfiles/ File size: 14.8 Kb