Mercer County, Illinois - Chapter 3: Mercer County As Part of the Exited States, 1914

Chapter 3: Mercer County As Part of the Exited States

After the Revolutionary war what is now Mercer County passed to the possession of the United States partly as a result of that conflict generally and partly through conquest by the expedition of Col. George Rogers Clark under the orders of the Virginia colony. This independent military movement by Virginia had for its object the acquirement of a large tract of land in the West and Northwest in case the colonies should succeed in the struggle. Although the colonies were bound together during the Revolution by the Articles of Confederation, which document was primarily and distinctly a war measure, it was presumed that when they should attain their independence bv such concert of action each would become an independent sovereignty. It is a fact that even before the war ended the colonies were envious of each other and were on the watch for advantages in the territory that would pass to the united colonies as a result of the war. Virginia even tried to wrest Pennsylvania west of the Alleghanies from the latter colony by sending an expedition to Fort Pitt, now Pittsburg, at an early stage of the war, but did not succeed. The expedition of Col. George Rogers Clark to Kaskaskia and Vincennes in 1777-8 was reallv a movement of the Colony of Virginia to secure possession of a large tract of land in the Northwest, so that upon the conclusion of peace it would hold the advantage when it came to a division of the territorial spoils of war. This success gave Virginia the presumptive right to claim ownership by conquest of what became the Northwest Territory; but this claim was disputed bv several of the other colonies, particularly by Pennsylvania, New Jersey and Delaware, which maintained that Virginia could not fairly demand as exclusively hers property which had been secured by the united efforts and sacrifices of all. It required several vears before the rights of the several colonies to tracts of land in the Northwest Territory were clearly defined, set forth and accepted. These claims of the young states were threshed out from 1784 to 1788, and no little unfairness and ill-will are shown in the records of the controversy. All in the end ceded their claims to the general government, but were granted large tracts for their soldiers and sailors.

As it originally stood, the Northwest Territory embraced the present states of Ohio, Indiana, Illinois, Michigan, Wisconsin, and all of Minnesota east of the Mississippi River projected to the British line, which was undefined. The first plan for the disposal and management of this great area was proposed by Thomas Jefferson in 1784, but failed to meet the approval of Congress. Three years later the justly celebrated Ordinance of 1787, creating the Northwest Territory, became a law. It prohibited the extension of slavery to any of the region north of the Ohio River and was strict in its requirements and broad and high in its purposes and principles. A territorial government was established, but was limited in power, because the movement was tentative, the outcome was uncertain and Congress was in doubt as to the best course to pursue.

While the Revolution was still raging and immediately after the conquest of this region by George Rogers Clark, the Virginia colony, in pursuance of its plans to secure all of the Northwest Territory as a part of its domain, set up the first civil government in that region under the name "Illinois County, Virginia Colony," and appointed Col. John Todd of Kentucky County lieutenant or commandant in chief. Patrick Henry, governor of the Virginia Colony, became exofficio governor of the new county. Colonel Todd entered upon the discharge of his duties in May, 1779, by organizing the militia, appointing deputy commandants for Kaskaskia and Cahokia and ordering a general election of civil officers, the first ever held in what is now the State of Illinois. He continued to serve until 1782, when he was killed in the battle of Blue Licks, Kentucky. Others succeeded him, but after 1783 and until the Northwest Territory was duly organized under the Ordinance of 1787 this vast territory had merely a semblance of government and was practically without law and order.

Early in 1788 the Northwest Territory was duly organized under the Ordinance of 1787 by the appointment of Gen. Arthur St. Clair as governor; Winthrop Sargent, secretary, and Samuel H. Parsons, James M. Varnum and John C. Symmes, judges. The following vear, immediatelv after Gen. George Washington was sworn in as first President of the United States, all of the above officers were reappointed. The territorial government was organized at Marietta, Ohio, July 15, 1788, though Governor St. Clair did not arrive at Kaskaskia until March 5, 1790. At this time the county of St. Clair was organized and embraced all the territory between' the Wabash and Mississippi rivers, including what is now Mercer County. The first court in St. Clair County was held at Cahokia by Judge

Turner in 1795. Both Cahokia and Kaskaskia had been assigned as the county seat of St. Clair County by Governor St. Clair, which fact occasioned a contest between the two towns with the result in part that Randolph County was soon formed with Kaskaskia as the county seat. What is now Mercer County remained a part of St. Clair County. In 1796 Judge Symmes held court at both county seats and Governor St. Clair was present.

On November 4, 1791, Governor St. Clair was badly defeated in the western part of the present State of Ohio by a large force of Indians under Little Turtle. He thereupon resigned his command of the army and was succeeded by Gen. Anthony Wayne, who overwhelmed the natives near Fort Wayne, Indiana, and effected the treaty of Greenville on August 3, 1795, by which large tracts of land were secured and the submission of the natives was accomplished.

In 1798 a Legislative Council and a House of Representatives were elected under the provisions of the Ordinance of 1787. They met at Cincinnati February 4, 1799, and elected Gen. William Henry Harrison, the new secretary of the territory, as delegate to Congress. In this assembly Shadrach Bond represented St. Clair County and John Edgar represented Randolph County.

On May 7, 1800, Congress divided the Northwest Territory into Ohio and Indiana territories, what is now Mercer County falling under the latter. William Henry Harrison became first governor of Indiana Territory and St. Vincent (Vincennes) became the capital. While he was governor many treaties with the Indians were concluded by General Harrison, the one of November 3, 1804, embracing Mercer County, which thus was freed from the Indian title. In 1803 all of Louisiana was purchased from France and the following year for a short time was attached to Indiana Territory.

The election of a territorial Legislature for Indiana Territory occurred in 1804, on which occasion a total of 81 votes were polled by St. Clair County and 61 by Randolph County. St. Clair gave a majority of 37 against the measure and Randolph a majority of 19 in its favor. The other counties, of which there were four, gave a sufficient majority to carry the measure.

In the Legislature Shadrach Bond, Jr., and William Biggs represented St. Clair County in the House and Shadrach Bond, Sr., and John Hay in the Council. George Fisher represented Randolph County in the House and Pierre Menard in the Council.

secretary and Alexander Stuart, Ofradiah Jones and Jesse B. Thomas, judges. Stanley Griswold soon succeeded Alexander Stuart. The population of Illinois Territory at the outset was about nine thousand, and the two counties, St. Clair and Randolph, embraced all the settled portions. A code of laws was at once prepared and the officers previously appointed by Secretary Pope were confirmed. Governor Edwards did not reach Kaskaskia until June, 1809. Benjamin H. Doyle became the first attorney general, but was soon succeeded by Thomas T. Crittenden.

In 181 1 the New Madrid earthquake gave southern Illinois a severe shaking. This year also occurred the battle of Tippecanoe in which four Illinois regiments participated. The following year the war with Great Britain began and the massacre at Fort Dearborn, Chicago, occurred. In 1813 and 1814 various engagements with Indians under the orders of British officers took place in this state - two at Rock Island, where in one Gen. Zachary Taylor with regulars cooperated with the Illinois militia. In 1813 Fort Clark was erected at Peoria and the following year Fort Edwards was built at Warsaw opposite the mouth of the Des Moines River. At a conference on the Mississippi River a short distance below Alton in July, 1 815, peace with the Indian tribes was concluded. During the continuance of the war boats loaded with soldiers or with hostile Indians passed up or down the river quite often and no doubt landed frequently at the Upper Yellow Banks, New Boston, which was a conspicuous land mark.

On May 21, 1812, Illinois Territory was authorized by Congress to elect a territorial Legislature and three new counties were established - Madison, Gallatin and Johnson - and at the election in October the following five councilmen (to represent the five counties) and seven representatives were chosen: Council - Randolph County, Pierre Menard; St. Clair, William Biggs; Madison, Samuel Judv; Johnson, Thomas Ferguson; Gallatin, Benjamin Talbot. House - Randolph County, George Fisher; St. Clair, Joshua Oglesby and Jacob Short; Madison, William Jones; Gallatin, Philip Trammel and Alexander Wilson; Johnson, John Grammar. This Legislature met at Kaskaskia on November 25th and the Council elected Pierre Menard president and John Thomas secretary, and the House elected George Fisher speaker and William C. Greenup clerk. This Legislature sent Shadrach Bond as first delegate to Congress. At the second session of the Legislature Pierre Menard was reelected president of the Council - in fact was continued in that position until the state government was tormed in 1818. George Fisher was continued as speaker of the House for the same period, except for one session.. In 1 8 14 Edwards County was organized; in 1815, White; 1816, Jackson, Crawford, Monroe and Pope; 1817, Bond; 1818, Franklin, Union and Washington.

The enabling act passed bv Congress April 13, 1818, authorized the people of Illinois Territory to take the preliminary steps necessary for the formation of a state government. An election of delegates to a convention to frame a state constitution was held July 6th to 8th, inclusive, and thirty-three from the fifteen counties were chosen. This convention assembled at Kaskaskia on August 3d, elected Jesse B. Thomas, president, and William C. Greenup, secretary, and continued in session until August 26th. The constitution prepared was not submitted to a vine of the electors and its adoption encountered considerable opposition in Congress on two grounds: (1) That the population was insufficient; (2) that the article concerning the prohibition of slavery as required under the Ordinance of 1787 was not sufficiently pronounced and explicit. However, the instrument finally passed Congress by the vote of 117 for and 34 against.

The debate on the provisions of the enabling act bv Congress is extremely interesting. The Ordinance of 1787 provided that the southern tier of territories or states to be carved out of the Norhwest Territory should be bounded on the north by an east and west line extending through the southern point of Lake Michigan, thus leaving Indiana and Illinois without any frontage on that body of water. Indiana had succeeded in having this line extended northward to its present boundary, and now in 181 8 Illinois endeavored to secure a similar northward extension. At this time Wisconsin was a part of Michigan Territory and was represented in Congress by the Michigan delegates. Hon. Nathaniel Pope, the delegate to Congress from Illinois, made an able, adroit, continuous and strenuous right to secure this extension and succeeded finally in having the northern boundary located fifty-one miles farther north at the 42 30' parallel of north latitude. His proposition was ably, persistently and almost savagely opposed by the Michigan delegate, who represented what is now Wisconsin, but without avail. The debate reveals that the congressmen generally accepted the view that, notwithstanding the provisions of the Ordinance of 1787 that the boundary should be on the parallel of the southern point of Lake Michigan, the states of Indiana and Illinois were entitled to a water outlet on Lake

Michigan, owing to the fact that at that date the absence of railroads made navigable waterways all important in the interest of commerce and that both Michigan and the probable Wisconsin territories could well afford to spare Indiana and Illinois a portion of the Lake Michigan coast. But although Congress granted the extension, both Michigan and Wisconsin, particularly the latter, employed their greatest endeavors in after years to have the boundaries changed and located eastward and westward from the southern point of Lake Michigan as provided in the Ordinance of 1787, but without avail. It was many years before Wisconsin accepted the inevitable and gave up its attempts to secure the change. Now, it is hardly necessary to point out the importance of the establishment of the boundary at the 42 30' parallel to Illinois. The citizens of this state have congratulated themselves to this dav on this achievement and never fail to thank Nathaniel Pope from the bottom of their hearts for the result. It is safe to conclude that all future generations in Illinois will entertain the same feelings of thankfulness and gratitude.

Mr. Pope also secured in the enabling act the provision that twofifths of the proceeds from the sale of public lands within the state should be devoted to the construction of- roads leading to the state, that the residue should be devoted by the Legislature to the encouragement and cause of education and that one-sixth should be used exclusively for the establishment and maintenance of a college or university. Thus, in this great emergency, when so much depended upon intelligent action and a high purpose, Mr. Pope proved even more than equal to the confidence and trust reposed in him.

The enabling act required that a census of the proposed state should be taken and should show a population of at least forty thousand. This showing was accomplished, but it was afterward revealed that the actual population was but 34,020. However, the discrepancy was soon made up, the official census of 1820 fixing the population of the state at 55,162.

Act Of Virginia, December 20, 1 783

To authorize the delegates of this State in Congress to convey to the United States, in Congress assembled, all the rights of this Commonwealth to the territory north-westward of the river Ohio.

several states in the Union, having claims to waste and unappropriated lands in the western country, a liberal cession to the United States of a portion of their respective claims, for the common benefit of the Union:

2. And whereas this commonwealth did, on the 2d day of January, in the year 1 78 1 , yield to the Congress of the United States, for the benefit of the said states, all right, title and claim which the said commonwealth had to the territory northwest of the River Ohio, subject to the conditions annexed to the said act of cession:

3. And whereas the United States, in Congress assembled, have, bv their act of the 13th of September last, stipulated the terms on which they agree to accept the cession of this state, should the Legislature approve thereof - which terms, although they do not come fully up to the propositions of this commonwealth, are conceived, on the whole, to approach so nearly to them, as to induce this state to accept thereof, in full confidence that Congress will, in justice to this state for the liberal cession she hath made, earnestly press upon the other states claiming large tracts of waste and uncultivated territory, the propriety of making cessions equally liberal, for the common benefit and support of the Union:

Be it enacted by the General Assembly, That it shall and may be lawful for the (* 19) delegates of this state to the Congress of the United States, or such of them as shall be assembled in Congress, and the said delegates, or such for them as assembled, are hereby fully authorized and empowered, for and in behalf of this state, by proper deed or instrument in writing, under their hands and seals, to convev, transfer, assign and make over to the United States, in Congress assembled, for the benefit of the said states, all right, title, claim, as well of soil as jurisdiction, which this commonwealth hath to the territory or tract of country within the limits of the Virginia charter, situate, lying, and being to the west of the River Ohio, subject to the terms and conditions contained in the before recited act of Congress of the 13th day of September last, that is to say: Upon the condition that the territory so ceded shall be laid out and formed into states, containing suitable extent of territory, not less than 100 nor more than 1 qo miles square, or as near thereto as circumstances will admit; and that the states so formed shall be distinct republican states, and admitted members of the Federal Union, having the same rights of sovereignty, freedom and independence as the other states; that the necessary and reasonable expenses incurred by this state in subduing any British posts, or in maintaining forts or garrisons within and for the defense, or in acquiring any part of the territory so ceded or relinquished, shall be fully reimbursed by the United States; and that one commissioner shall be appointed by Congress, one by this commonwealth, and another by those two commissioners, who, or a majority of them, shall be authorized and empowered to adjust and liquidate the account of the necessary and reasonable expenses incurred by this state, which they shall judge to be comprised within the intent and meaning of the act of Congress of the ioth of October, 1780, respecting such expenses. That the French and Canadian inhabitants, and other settlers of the Kaskaskies, St. Vincents, and the neighboring villages, who have professed themselves citizens of Virginia, shall have their possessions confirmed to them, and be protected in the enjoyment of their rights and liberties. That a quantity not exceeding 150,000 acres of land, promised bv this state, shall be allowed and granted by them to the then Colonel, now General George Rogers Clarke, and to the officers and soldiers of his regiment, who marched with him when the forts of Kaskaskies and St. Vincents were reduced, and to the officers and soldiers that have been since incorporated into the same regiment, to be laid off in one tract, the length of which is not to exceed double the breadth, in such place on the northwest side of the Ohio as a majority of the officers shall choose, and to be afterwards divided among the said officers and soldiers, in due proportion, according to the laws of Virginia. That in case the quantity of good lands on the southeast side of the Ohio, upon the waters of Cumberland River, and between the Green River and Tennessee River, which have been reserved by law for the Virginia troops upon continental establishment, should, from the North Carolina line bearing in further upon the Cumberland lands than was expected, prove insufficient lor their legal bounties, the deficiency should -be made up to the troops in good lands, to be laid off between the River Scioto and Little Miami, on the northwest side of the River Ohio, in such proportions as have been engaged to them by the laws of Virginia. That all the lands within the territory so ceded to the United States, and not reserved for or appropriated to any of the before-mentioned purposes, or disposed of in bounties to the officers and soldiers of the American Army, shall be considered as a common fund for the use and benefit of such of the United States as have become or shall become members of the confederation or federal alliance of the said states, Virginia inclusive, according to the usual respective proportions in the general charge and expenditure, and shall be faithfully and bona fide disposed of for that purpose, and for no other use or purpose whatsoever: Provided, that the trust hereby reposed in the

Ordinance Of I 7S7

Passed bv Congress, sitting under the Articles of Confederation, "for the government of the territory of the United States northwest of the River Ohio," July 13, 1787.

1. Be it ordained by the United States, in Congress assembled , That the said territory, for the purpose of temporary government, be one district, subject, however, to be diveded into two districts, as future circumstances may, in the opinion of Congress, make it expedient.

2. Be it ordained by the authority aforesaid , That the estate, both of resident and non-resident proprietors in the said territory dying intestate, shall descend to and be distributed among their children and the descendants of a deceased child in equal parts - the descendants of a deceased child or grandchild to take the share of their deceased parent in equal parts among them; and where there shall be no children or descendants, then in equal parts to the next of kin, in equal degree; and among collaterals, the children of a deceased brother or sister of the intestate shall have, in equal parts among them, their deceased parent's share. And there shall, on no case, be denied to the widow of the intestate her third part of the real estate for life, and one-third part of the personal estate; and this law, relative to descent and dower, shall remain in full force until altered by the Legislature of the district. And until the governor and judges shall adopt laws, as hereinafter mentioned, estates in the said territory may he devised or bequeathed bv wills in writing, signed and sealed by him or her in whom the estate may be (* 21) (being of full age), and attested by three witnesses. And real estate may be conveyed bv lease and release, or bargain and sale, signed, sealed and delivered by the person, being of full age, in whom the estate may be, and attested by two witnesses, provided such wills be duly proved, and such conveyances be acknowledged, or the execution thereof duly proved, and be recorded within one year after proper magistrates, courts and registers shall be appointed for that purpose. And personal property may be transferred by delivery, saving, however, to the French and Canadian inhabitants, and other settlers of the Kaskaskies, St. Vincents and the neighboring villages, who have hereto- tore professed themselves citizens of Virginia, their laws and customs now in force among them, relative to the descent and conveyance of property.

3. Be it ordained by the authority aforesaid, That there be appointed, from time to time, by Congress, a governor, whose commission shall continue in force for the term of three years, unless sooner revoked by Congress: he shall reside in the district, and have a freehold' estate therein, in 1,000 acres of land, while in the exercise of his office.

4. There shall be appointed, from time to time, by Congress, a secretary, whose commission shall continue in force for four years, unless sooner revoked: he shall reside in the district, and have a freehold estate therein, in 500 acres of land, while in the exercise of his office; it shall be his duty to keep and preserve the acts and laws passed by the Legislature, and the public records of the district, and the proceedings of the governor in his executive department, and transmit authentic copies of such acts and proceedings, every six months, to the secretary of Congress. There shall also be appointed a court, to consist of three judges, any two of whom to form a court, who shall have a common law jurisdiction, and reside in the district, and have each therein freehold estate, in 500 acres of land, while in the exercise of their offices; and their commissions shall continue in force during good behavior.

5. The governor and judges, or a majority of them, shall adopt and publish in the district, such laws of the original state, criminal and civil, as may be necessary and best suited to the circumstances of the districts, and report them to Congress from time to time; which laws shall be in force in the district until the organization of the general assembly therein, unless disapproved of by Congress; but afterwards the Legislature shall have authority to alter them as they think fit.

6. The governor for the time shall be commander-in-chief of the militia, appoint and commission all officers in the same, below the rank of general officers; all general officers shall be appointed and commissioned by Congress.

7. Previous to the organization of the general assembly, the governor shall appoint such magistrates and other civil officers, in each county or township, as he shall find necessary for the preservation of the peace and good order in the same. After the general assembly shall be organized, the powers and duties of magistrates and other civil officers shall be regulated and defined by the said assembly; but all magistrates and other civil officers, not herein otherwise directed, shall, during the continuance of this temporary government, be appointed by the governor.

8. For the prevention of crimes and injuries, the laws to be adopted or made, shall have force in all parts of the district, and for the execution of process, criminal and civil, the governor shall make proper divisions thereof; and he shall proceed from time to time, as circumstances may require, to lay out the parts of the district in which the Indian titles shall have been extinguished, into counties and townships, subject, however, to such alterations as may thereafter be made by the Legislature.

9. So soon as there shall be 5,000 free male inhabitants, of full age, in the district, upon giving proof thereof to the governor, they shall receive authority, with the time and place, to elect representatives from their counties or townships, to represent them in the general assemblv: Provided, that for everv 500 free male inhabitants there shall be one representative, and so on, progressivelv, with the number of free male inhabitants, shall the right of representation increase, until the number of representatives shall amount to twentyfive; after which the number and proportion of representatives shall be regulated by the Legislature: Provided, that no person be eligible or qualified to act as a representative, unless he shall have been a citizen of one of the United States three years, and be a resident in the district, or unless he shall have resided in the district three vears; and in either case, shall likewise hold in his own right, in fee simple, 200 acres of land within the same: Provided, also, that a freehold in 50 acres of land in the district, having been a citizen of one of the states, and being a resident in the district, or the like freehold and two years' residence in the district, shall be necessary to qualify a man as an elector of a representative.

10. The representatives thus elected shall serve for the term of two years; and in case of death of a representative, or removal from office, the governor shall issue a writ to the county or township, for which he was a member, to elect another in his stead, to serve for the residue of the term.

11. The general assembly, or Legislature, shall consist of the governor, legislative council, and a house of representatives. The legislative council shall consist of five members, to continue in office five years, unless sooner removed by Congress; any three of whom to be a quorum; and the members of the council shall be nominated and appointed in the following manner, to-wit: As soon as repre- sentatives shall be elected, the governor shall appoint a time and place for them to meet together, and when met, they shall nominate ten persons, resident in the district, and each possessed of a freehold in 500 acres of land, and return their names to Congress, five of whom Congress shall appoint and commission as aforesaid; and whenever a vacancy shall happen in the council, by death or removal from office, the house of representatives shall nominate two persons, qualified as aforesaid, for each vacancy, and return their names to Congress, one of whom Congress shall appoint and commission for the residue of the term; and every five years, four months at least before the expiration of the time of service of the members of the council, the said house shall nominate ten persons, qualified as aforesaid, and return their names to Congress, five of whom Congress shall appoint and commission to serve as members of the council five years, unless sooner removed. And the governor, legislative council and house of representatives shall have authority to make laws, in all cases, for the good government of the district, not repugnant to the principles and articles in this ordinance established and declared. All bills, having passed by a majority in the house, and by a majority in the council, shall be referred to the governor for his assent; but 110 bill or legislative act whatever shall be of anv force without his assent. The governor shall have power to convene, prorogue and dissolve the general assembly, when in his opinion it shall be expedient.

12. The governor, judges, legislative council, secretary, and such other officers as Congress shall appoint in the district, shall take an oath or affirmation of fidelity, and of office; the governor before the president of Congress, and all other officers before the governor. As soon as the Legislature shall be formed in the district, the council and house, assembled in one room, shall have authority, by joint ballot, to elect a delegate to Congress, who shall have a seat in Congress, with a right of debating, but not of voting, during this temporary government.

13. And for extending the fundamental principles of civil and religious liberty, which form the basis whereon these republics, their laws, and constitution, are erected; to fix and establish those principles as the basis of all laws, constitutions and governments, which forever hereafter shall be formed in the said territory; to provide, also, for the establishment of states, and permanent government therein, and for their admission to a share in the Federal councils on

14. It is hereby ordained and declared, by the authority aforesaid, that the following articles shall be considered as articles of compact between the original states and the people and states in the said territory, and forever remain unalterable, unless by common consent, to-wit:

Art. E No person demeaning himself in a peaceable and orderly manner, shall ever be molested on account of his mode of worship or religious sentiments in the said territory.

Art. IE The inhabitants of the said territory shall always be entitled to the benefits of the writs of habeas corpus, and of the trial by jury; of a proportionate representation of the people in the Legislature, and of judicial proceedings according to the course of the common law. All persons shall be bailable, unless for capital offenses, where the proof shall be evident or the presumption great. All fines shall be moderate, and no cruel or unusual punishments shall be inflicted. No man shall be deprived of his liberty or property, but by the judgment of his peers, or the law of the land; and should the public exigencies make it necessary, for the common preservation, to take any person's property, or to demand his particular services, full compensation shall be made for the same. And, in the just preservation of rights and propertv, it is understood and declared that no law ought ever to be made, or have force in the said territory, that shall, in any manner whatever, interfere with or affect private contracts or engagements bona fide and without fraud previously formed.

Art. III. Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged. The utmost good faith shall always be observed towards the Indians; their lands and property shall never be taken from them without their consent; and in their property, rights and liberty they shall never be invaded or disturbed, unless in just and lawful wars authorized bv Congress; but laws founded in justice and humanity shall, from time to time, be made, for preventing wrongs done to them, and for preserving peace and friendship with them.

Art. IV. The said territory and the states which may be formed therein, shall forever remain a part of this confederacv of the United States of America, subject to the Articles of Confederation, and to such alterations therein as shall be constitutionally made; and to ail the acts and ordinances of the United States in Congress assembled, conformable thereto. The inhabitants and settlers in the said territory shall be subject to pay a part of the Federal debts, contracted or to be contracted, and a proportional part of the expenses of government, to be apportioned on them by Congress, according to the same common rule and measure by which apportionments thereof shall be made on the other states; and the taxes for paying their proportion shall be laid and levied by the authority and direction of the Legislatures of the district or districts, or new states, as in the original states, within the time agreed upon by the United States in Congress assembled. The Legislatures of those districts, or new states, shall never interfere with the primary disposal of the soil by the United States in Congress assembled, nor with any regulations Congress may find necessary for securing the title in such soil to the bona fide purchasers. No tax shall be imposed on lands the property of the United States; and in no case shall non-resident proprietors be taxed higher than residents. The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways, and forever free, as well to the inhabitants of the said territory, as to the citizens of the United States, and those of any other states that may be admitted into the confederacy, without any tax, impost or duty therefor.

Art. V. There shall be formed in the said territory not less than three, nor more than five, states; and the boundaries of the states, as soon as Virginia shall alter her act of cession, and consent to the same, shall become fixed and established as follows, to-wit: The western state in the said territory shall be bounded by the Mississippi, the Ohio and the Wabash rivers; a direct line drawn from the Wabash and Post Vincents, due north, to the territorial line between the United States and Canada; and by the said territorial line to the Lake of the Woods and Mississippi. The middle state shall be bounded by the said direct line, the Wabash from Post Vincents to the Ohio, by the Ohio, by a direct line drawn due north from the mouth of the Great Miami to the said territorial line, and by said territorial line. The eastern state shall be bounded by the last mentioned direct line, the Ohio, Pennsylvania, and the said territorial line: Provided, however, and it is further understood and declared, that the boundaries of these three states shall be subject so far to be altered, that, if Congress shall hereafter find it expedient, they shall have authority to form one or two states in that part of the said territory which lies north of an east and west line drawn through the southerly bend or extreme of Lake Michigan. And whenever any of the said states shall have 60,000 free inhabitants therein, such state shall be admitted, by its delegates, into the Congress of the United States, on an equal footing with the original states, in all respects whatever; and shall be at liberty to form a permanent constitution and state government: Provided, the constitution and government, so to be formed, shall be republican, and in conformity to the principles contained in these articles and, so far as it can be consistent with the general interest of the confederacy, such admission shall be allowed at an earlier period, and when there may be a less number of free inhabitants in the state than 60,000.

Art. VI. There shall be neither slavery nor involuntary servitude in the said territorv, otherwise than in the punishment of crimes, whereof the partv shall have been duly convicted: Provided always, that any person escaping into the same, from whom labor or serviceis lawfully claimed in any one of the original states, such fugitive may be lawfully reclaimed, and conveyed to the person claiming his or her labor or service as aforesaid.

Be it ordained by the authority aforesaid. That the resolutions of the 23d of April, 1784, relative to the subject of this ordinance, be and the same are hereby repealed, and declared null and void.

Done by the United States in Congress assembled, the 13th day of July, in the year of our Lord 1787, and of their sovereignty and independence the 12th.

Act Of Coxgress, May 7, 1800

I. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That from and after the fourth day of July next, all that part of the territory of the United States northwest of the Ohio River, which lies westward of the line beginning at the Ohio, opposite the mouth of Kentucky River, and running thence to Fort Recovery, and thence north, until it shall intersect the territorial line between the United States and Canada, shall, for the purpose of temporary government, constitute a separate territorv, and be called the Indiana Territory.

Act Of Congress, Feb. 3, 1 809

Dividing the Indiana Territory into two separate governments, and establishing the Territory of Illinois. - Michigan was formed January 11, 1805: 2 Stat, at Large, 309. Wisconsin was formed April 20, 1836: 5 Id. 10.

1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That from and after the first day of March next, all that part of the Indiana Territory which lies west of the Wabash Paver, and a direct line drawn from the said Wabash River and Post Vincennes due north, to the territorial line between the United States and Canada, shall for the purpose of temporary government, constitute a separate territory, and be called Illinois.

Act Of Congress, April I 8, I 8 I 8

1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the inhabitants of the Territory of Illinois be and they are hereby authorized to form for themselves a constitution and state government, and to assume such name as thev shall deem proper; and the said state, when formed, shall be admitted into the Union upon the same footing with the original states, in all respects whatever.

2. And be it further enacted, That the said state shall consist of all the territory included within the following boundaries, to-wit: Beginning at the mouth of the Wabash River; thence up the same, and with the line of Indiana, to the northwest corner of said state; thence east with the line of the same state to the middle of Lake Michigan; thence north along the middle of said lake, to north latitude 42" 30'; thence west to the middle of the Mississippi River; and thence down along the middle of that river to its confluence with the Ohio River; and thence up the latter river along its northwestern shore, to the beginning: Provided, that the convention hereinafter provided for, when formed, shall ratify the boundaries aforesaid; otherwise thev shall be and remain as. now prescribed by the ordinance for the government of the territory northwest of the River Ohio: Provided, also, that the said state shall have concurrent jurisdiction with the State of Indiana on the Wabash River, so far as said river shall form a common boundary to both, and also concurrent jurisdiction on the Mississippi River, with any state or states to be

What is now Mercer County may be considered to have been a part of the "County of Illinois," which was established by the Colony of Virginia in 1778. The boundaries of that county were not specified, but the county was to include all of the territory northwest of the Ohio River belonging to the Virginia Colony or likely to belong to it as a result of the Revolution or the expedition of George Rogers Clark in 1778. In 1784 when Virginia surrendered her claims to the Northwest Territory in favor of the general government, the "County of Illinois" came to an end. Nothing further was done until 1787, when Congress sitting under the Articles of Confederation passed an act for the government of the territory of the United States northwest of the Ohio River.

In 1790 the territory was divided into two counties - St. Clair in April, and Knox in June, but neither was made to include what is now Mercer County, which was thus left without government because it had no white inhabitants.

On October 5, 1795, Randolph County was created from the southern part of St. Clair County. The three counties - Knox, St. Clair and Randolph - were east of the Illinois River. Mercer County was a part of neither. In February, 1801, William Henry Harrison, Governor of Indiana Territory, which had just been created, enlarged St. Clair County so as to include all of Illinois except a small portion in the southern and southeastern parts of the state and all of Wisconsin and a part of Michigan and Minnesota. It included Mercer County.

By proclamation of Governor Ninian Edwards, September 12, 18 1 2, Madison County was created to include all of the present Illinois north of an east and west line along the present Madison County boundary. It thus included Mercer County. No further change was made with Mercer County soil until January 31, 1S21, when Pike County was created to embrace all the state north and west of the Illinois River and thus was made to include Mercer. In 1823 Pike County was cut down to all of Illinois west of the Illinois River and south of a line extending from Beardstown west to the Mississippi River and to it was attached the territory to the north as far as Rock Island and west of the eastern boundary of the present Mercer County. Thus Mercer continued to be connected with Pike County.

cock, Henry, Knox, Mercer, Putnam, Schuyler and Warren (January 13) and Peoria by a separate act of the same date. Mercer County was named in honor of Gen. Hugh Mercer, a soldier of the Revolution, who was killed at the Battle of Princeton. The act gave to Mercer County its present boundaries and also all of Rock Island County north of Mercer County and west of the eastern boundary of Mercer County extended northward. Mercer County was attached to Schuyler County by this act. In 1826 Mercer and Warren counties were attached to Peoria County. In 1827 Mercer County was reduced to its present limits, but as it had not been organized it remained with Warren attached to Peoria County. In February, 1 83 1, Mercer County was attached to Warren and so remained until fully organized. The organization was ordered by the Legislature, January 31, 1835, by the following act:

Section 1. Be it enacted by the people of the State of Illinois represented in the General Assembly, That on the first Monday of April next, between the hours of 8 o'clock in the morning and 7 o'clock in the evening, an election shall be held in the Town of New Boston, at the house of Eli Reynolds, and the house of George Miller, in the County of Mercer, for three county commissioners, one sheriff, and one coroner, for said county, who shall continue in office until their successors shall be duly elected and qualified.

Section 2. That James Irvin, George Piper and Benjamin Vannatta, or any two of them, shall be judges of the election to be held at the Town of New Boston, and George Miller, David Shonce (Shaunce) and Ebenezer Cresswell, or any two of them, shall be judges of the election to be held at the house of George Miller. Said judges shall be authorized to appoint two clerks at each precinct, and said judges and clerks shall be qualified in the same manner as judges and clerks of elections are now required by law, and said elections shall in every respect be conducted in conformity with the election laws of this state.

Section 3. Until the county seat of said County of Mercer shall be located, it shall be the duty of the county commissioners court of said county to procure a suitable house at New Boston, and the several courts shall be held at New Boston until suitable buildings are furnished at the county seat thereinafter to be located, and the said Town of New Boston is hereby declared the temporary seat of said County of Mercer until the same shall be permanently located bv law.

When the war between the United States and Great Britain was impending in 181 1, Congress passed an act "for completing the existing military force," and another act "to raise an additional military force," in which it was solemnly promised to give to each non-commissioned officer and soldier who would volunteer in that service a bounty of 160 acres of land. To carry out this promise in good faith the following act was passed :

(1) That the President of the United States be and is hereby authorized to cause to be surveyed a quantity of the public lands of the United States fit for cultivation not otherwise appropriated and to which the Indian title is extinguished not exceeding in the whole 6,000,000 acres, 2,000,000 to be surveyed in the Territory of Michigan, 2,000,000 in the Illinois Territory northwest of the Illinois River, and 2,000,000 in the Territory of Louisiana between the River St. Francis and the River Arkansas. The said lands to be divided into townships and subdivided into sections and quarter sections (each quarter section to contain as near as possible 160 acres), in the manner prescribed by law for surveying and sub-dividing the other public lands of the United States; the same price to be allowed for surveying as is fixed for surveying the other public lands in the same territory. And the lands thus surveyed, with the exception of salt springs and lead mines therein and of quantities of land adjacent thereto as may be reserved for use of the same by the President of the United States, and the section number sixteen in every township to be granted the inhabitants of said township for the use of public schools shall be set apart and reserved for the purpose of satisfying the bounties of 160 acres promised the non-commissioned officers and soldiers of the United States, their heirs and legal representatives by an act entitled "an act for completing the existing military establishment," approved the 24th day of December, 181 1, and by an act entitled "an act to raise an additional military force," approved this 1 1 th day of January, 18 12.

(2) That the secretary of the department of war for the time being shall from time to time issue warrants for the military land bounties to the persons entitled thereto by the two last-mentioned acts, or either of them; provided always that such warrants shall be issued only in the names of persons thus entitled and be by them or their representatives applied for within five years after the said persons shall have become entitled thereto; and the said warrants shall not be assignable or transferable in any manner whatever.

(3) That every person in whose favor such warrants shall have been issued, shall, on delivery of the same at the office of the secretary of the treasury, or of such other officer as may at the time have by law the superintendence of the general land office of the United States at the seat of government, be entitled to draw by lot in such manner as the officer at the head of the land under the direction of the President of the United States may prescribe, one of the quarter sections surveyed by virtue of the first section of this act in either of the said territories, which the person in whose favor such warrant has issued may designate. And the patent shall thereupon be granted to such person for such quarter section without requiring any fee therefor.

(4) That no claim for the military land bounties aforesaid shall be assignable or transferable in any manner whatever until after patent shall have been granted in the manner aforesaid. All sales, mortgages, contracts or agreements of any nature whatever made prior thereto for the purpose or with intent of alienating, pledging or mortgaging of such claim are hereby declared and shall be held null and void; nor shall any tract of the land granted as aforesaid be liable to be taken in execution or sale of any kind, such sale, mortgage, contract or agreement, or sale of any of the debt contracted prior to the date of the patent, either by the person originally entitled to the land, or by his heirs or legal representatives, or by virtue of and process, or suit at law, or judgment of the court against the person entitled to receive his patent as aforesaid. Approved May 6, 1812.

After the war was over it was found that the lands in Michigan were not of the quality "fit for cultivation," and for this or some other cause, the following act was passed:

(1) That so much of the "act to provide for designating, surveying and granting the military bounty lands," approved the 6th day of May, 18 12, as authorizes the President of the United States to cause to be surveyed, 2,000,000 acres of the lands of the United States in the Territory of Michigan, for the purpose of satisfying the bounties of land promised to the non-commissioned officers and soldiers of the United States be, and the same is hereby repealed; and, in lieu of the said 2,000,000 acres of land, the President of the United States be and he is hereby authorized to cause to be surveyed the lands of the United States fit for cultivation not otherwise appropriated, and to which the Indian title is extinguished, 1,500,000 acres in Illinois Territory, and 500,000 acres in Missouri Territory, north of the Missouri River; the said lands shall be divided into townships and be sub-divided into sections and quarter sections (each quarter section to contain as near as possible 160 acres), in the manner prescribed by law for surveying and sub-dividing the other lands of the United "States; and the lands thus surveyed, with the exception of the salt springs and lead mines therein, and of quantities of lands adjacent thereto as may be reserved for the use of the same by the President of the United States, and the section number sixteen in every township to be granted to the inhabitants of such township for the use of public schools, or according to the provisions of the above recited act, be set apart for the purpose of satisfying the bounties of lands promised to non-commissioned officers and soldiers of the late army of the United States, and their heirs and legal representatives by the act entitled "an act for completing the existing military establishment," approved the 24th day of December, 181 1, and by an act entitled "an act to raise an additional military force," approved the 1 1 th day of January, 18 12.

(2) That every person in whose favor any warrant for military land bounty is issued, shall be and is hereby authorized to draw by lot one of the quarter sections surveyed, by virtue of this act, and shall obtain a patent therefor in the same manner in every respect as is or shall be provided by law for patents issued for other military land bounties, or as is provided by the act first above recited for patents issued for such lands. Approved April 29, 18 16.

This was why and when and how this section of Illinois came to be called the "Military Tract." By this last act it would seem that 3,500,000 acres of land were set apart in Illinois for the soldiers of the War of 18 12 so far as needed by them. This tract included all land between the Illinois and the Mississippi, from the mouth of the Illinois northward to an east and west line passing through what is now the northern boundary of Mercer County extended. Not all of the land comprised within those boundaries was military land; only 3,;oo,ooo acres, and only what was "fit for cultivation." Surveyors were instructed to make the deeds or "patents" to the soldiers for the best quarter sections in the tract.

When settlers came to this section and went to the land office they found that the best lands were already deeded to these soldiers and that nearly all of the tract was vacant or unoccupied. What made it worse, these lands being held under actual deeds, became taxable under Federal and state laws in five years after the deeds or patents on parchment were issued. These lands were assessed, and the owners being non-resident and unknown, the tracts were sold for taxes and thus "color of title" was secured by the purchaser at the tax sales. For twenty-five years this section was cursed with speculators, not only in these tax titles, but in the original patents. Many of the soldiers holding these "patents," caring little and knowing less of their value, would trade them off for five dollars or any other sum, and sometimes for even a drink of brandy. These speculators ransacked the country to find soldiers or holders of these "patents," or sent out agents to secure them. There were forged and fraudulent patents. The "paramount title," or patent in those early days overrode the tax titles and holders of them would pounce on the settler or "squatter" and make him pay whatever the cupidity of the holder of the patent would demand. On account of the numerous forged patents, many settlers were made to pay two and three times in order to perfect their title. Many men are known to have paid three times to pretended holders of these patents. Matters came to such a pass on account of these troubles about "titles" that often there came near being mobs and lynchings. Several acts of the Legislature were passed from 1823 to 1835 to give validity to these tax titles. But none seemed effective till the act of 1839 was passed "to quiet possessions and confirm titles to land," two sections of which are as follows :

Hereafter, whenever a person having color of title made in good faith to vacant and unoccupied land shall after the passage of this act pay all taxes legally assessed therein for seven successive years, he or she shall be deemed and adjudged to be the legal owner of said vacant and unoccupied land to the extent and according to the purport of his or her paper title. All persons holding under such taxpaper by purchase, devise or descent, before said seven years shall have expired, and who shall continue to pay the taxes as aforesaid, so as to complete the payment of taxes for the term aforesaid, shall be entitled to the benefit of this section: Provided, however, if any person having better paper title to said vacant and unoccupied land shall during the said term of seven years pay the taxes assessed on said land for any one or more years of such term of seven years, then and in that case such taxpayer, his heirs and assigns shall not be entitled to the benefit of this section.

But even this did not deter the "landsharks." They fought the constitutionality or validity of the act in the courts, but the Supreme Court persistently decided the law valid, till finally a case was carried to the United States Supreme Court, about 1849 or 1850, which confirmed the validity of the act. Since 1850 or 185 1 there have been no troubles concerning these "military land titles," but the early troubles retarded the settlement of this "tract" for many years. When the bounty lands were given to the soldiers of the Mexican war, a different plan was adopted. Simple "warrants" for a certain number of acres were issued to the soldier, and he or his assigns could "locate" his warrant anywhere on public land. But on this Illinois military tract every soldier had deeded to him a specific quarter section of land.