Wayne County, Indiana - Chapter 1: The Making of Indiana., 1912

Chapter 1: The Making of Indiana.

FRENCH TRADERS - ENGLISH CLAIMS - CLARK'S CAMPAIGN - VIRGINIA'S CLAIMS - ORDINANCES OF 1784 AND 1787 - INDIAN WAR - INCREASE IN POPULATION - SLAVERY AGITATION - TERRITORIAL GOVERN MENT - ADMISSION TO THE UNION - BIBLIOGRAPHY.

Little is known of North America before its discovery in 1492, but we know that in prehistoric times some human beings are supposed to have inhabited the central part of what is now the United States. The only evidences we have are the mounds found along the streams and in fertile places. These early inhabitants are called the Mound Builders. The first inhabitants of whom we know anything definite were Indians.

In the beginning of the Sixteenth century, after the discovery of the continent, some Jesuit missionaries explored the territory around the lakes, and a little later French traders came down from Canada and established a few trading posts along the Ohio river and smaller rivers in Indiana and Illinois. These posts began to grow, and in a few years French settlers came to the posts, forming small villages, and the French then laid claim to the country. Trade, chiefly in furs, was carried on for several years. More French settlers came and more villages were formed. The king wanted to form a line of forts along the Maumee and Wabash rivers and on down the Mississippi to New Orleans. Three of these forts were in Indiana, of which Vincennes was the most important. Thus they were actually occupying the country a half century before the English had even explored it.

About the middle of the Eighteenth century the English, who already had colonies on the Atlantic coast, entered the territory, intending to make trade points and settlements. Thus both France and England claimed the territory. Immediately disputes arose, which ended in skirmishes, and the English secured possession of the territory at the close of the French and Indian War, in 1763, when, by the terms of the Treaty of Paris, the French claims east of the Mississippi river were transferred to England and the government was administered by English military officers. They did little to colonize it. They were opposed to the colonists of the Atlantic coast emigrating across the mountains just because they were afraid the colonists would get to be too strong and powerful for English subjects. They wanted to use it for trading. But this was only an incentive to the colonists, and they began settling it immediately. The three French settlements in Indiana - Fort Wayne, Vincennes, and Ouiatanon - after the French officers had abandoned them, were points where the colonists settled in small numbers at first.

In 1772 General Gage sent out a proclamation commanding all persons who had settled west of the Alleghany Mountains to leave the country and settle in the English colonies to the east. This meant the French settlers also. These settlers had lived in the territory several years and they claimed that the land had been given to them by the French king. Gage went to England to get the king's sanction, but England was just on the border of the Revolutionary war with the colonists and the king wanted to be friendly with the French settlers so that he might have France on his side. He gave the settlers back their old laws and privileges and thus made them friendly to him. They had little to do with the war in the East, but together with the Indians they made life miserable for the few colonial settlers who had settled in the ,territory.

Toward the close of the Revolutionary war, George Rogers Clark, acting under a commission of Patrick Henry, governor of Virginia, appeared in 1778 from across the mountains and changed the whole history of the territory. Clark was called "the Hannibal of the West." He soon saw how the British were imposing upon the French and Indians and how in turn the French, and especially the Indians, were mistreating the Virginia settlers in Kentucky. He petitioned the Virginia legislature for troops, and after some trouble and much perseverance he finally obtained a few hundred men and some supplies and went across the mountains to conquer the West, for he saw that that was the only way the Americans could have any peace. Then followed his campaign in the "TIlinois country," in which he gained Vincennes and Kaskaskia, succeeded in Winning the friendship of the French and most of the Indian tribes, and made it possible for the' American colonists to settle there permanently, thus securing for Virginia a further claim upon the territory northwest of the Ohio river, as a part had been originally claimed under her colonial charter.

At the end of the Revolutionary war, in the Treaty of Paris, England was compelled to give up her claim to the territory between the Appalachian Mountains and the Mississippi river to the colonies. The territory north of the Ohio river, called "Illinois," together with Kentucky. were recognized as counties of Virginia by the Virginia legislature.

Besides Virginia, the New England colonies and New York held claims to the Northwest Territory. According to their charters, each had a rightful claim, but Virginia considered her claim the most stable on account of Clark's conquests. The colonies were deeply in debt, and this might be lessened by the sale of lands from the western territory. They had been united in war and all had claims to.the Territory. After much discussion and persuasion from Congress the colonies all donated their claims to Congress, and the western territory became public domain (Boynton, 81). In 1783 the Virginia legislature passed an act empowering her delegates in Congress to make a deed ceding the territory northwest of the Ohio river to the United. States, and Massachusetts, Connecticut, and New York soon after surrendered their claim to the northern part of this territory. Congress had suggested that it be "disposed of for the common benefit and it be formed into distinct republican states, which shall become members of the federal union" (Boynton, 292). This acquisition of territory was effective in helping to preserve the union of the colonies.

In 1784 Congress passed an ordinance for the government of the territory northwest of the Ohio river, but it was practically inoperative, as no new settlements were made under its provision. It provided for the formation of new States to have republican governments and be admitted into the confederation. This was Thomas Jefferson's plan. A New England land and emigration company, called the Ohio Company, attempted to colonize the western territory. Before ceding the lands to the public many of the colonies had given grants to their soldiers to pay for services in the war with England. On this account the settlers of New England would not emigrate without special guarantees of civil rights to the lands where they settled. The company urged Congress to take some action to secure the lands to the settlers, so Congress passed the Ordinance of 1787, which superseded the Ordinance of 1784.

The Ordinance of 1787 (Boynton, 176) applied to the Territory Northwest of the Ohio, providing for the formation, in time, of from three to five States. At first Congress was to appoint the governor, judges, and military officers of the new Territory. The governor and judges were to have legislative powers, subject to the veto of Congress. As soon as the population reached 5,000 free males, the inhabitants were to elect delegates who would form a house of representatives. This, with a governor and council* appointed by Congress, was to form the Territorial assembly. The assembly had full legislative power, which was to comply with the propositions of the Ordinance. It could appoint a delegate to Congress, but he could not vote there. When the population reached 60,000 the territory was to be admitted to the Confederation on an equal basis with the thirteen original States.

The settlers were guaranteed civil rights, such as habeas corpus, trial by jury, and bail. Education was encouraged, and here was begun the liberal educational policy which has, in a large degree, contributed to the intelligence, morality, and prosperity of the Northwest and the fruits of which we see in Indiana's present excellent school system. Other important provisions were the equal distribution of the property of persons dying intestate, the prohibition of molesting any one on account of his religion, and the forbidding of slavery "absolutely and forever," except as a punishment for crime. The Ordinance of 1787 is considered as one of the greatest state papers in American history, and we cannot fully understand and appreciate Indiana's later constitutional history without having a knowledge of this ordinance, the wise provisions of which have had such a great influence on Indiana's governmental affairs.

In 1789 the first Congress under the present Constitution of the United States recognized the binding force of this Ordinance and provided for carrying its provisions into effect. This was the first provision for government ever really exercised over the territory of which Indiana is a part, after it became a part of the United States.

Arthur St. Clair was elected governor of the Territory in October, 1787, and three judges were appointed; also necessary laws were made in accordance with the Ordinance.

There were many things which made the settling of the Territory slow. The English in Canada were encouraging the Indian tribes all the while to make all the trouble they could for the settlers, and the Indians did a great deal of their own accord. Besides, there were many French settlers, especially in Indiana and Illinois. The majority of the New England settlers were in Ohio, although there were quite a number in the western part of the Territory. The French had been given large grants of land, but they were not ambitious enough to cultivate it, so they sold it to the settlers for as low as fifty cénts an acre. They preferred living in poverty and spending most of their time in dancing and debauchery. .

The Indians brought things to a head by making an attack on the settlers, resulting in a war which lasted five years. The Indians were in the main successful until General Wayne met an army at the rapids and defeated them in August, 1794. <A fort was garrisoned not far away and was called Fort Wayne, on the site of which stands the city of the same name. Congress saw that something must be done after such an uprising among the Indians, so in 1794 John Jay went to London to negotiate a treaty with England. It took him most of that year, but he accomplished his purpose. The treaty provided that the king should withdraw all his troops from posts within the United States before June, 1796. When the Indians found that their backing was gone Wayne had no trouble in exacting a treaty, whereby the United States secured most of the important locations.

The population now began to increase rapidly. Settlers could come and buy land and be sure of owning it, for the Indians gave up all claim to it. Indiana had not been settled very rapidly. The most of the settlers were in Clark's grant* and in the southeast corner of the State. The government was loose. The French and Americans were so widely different that it was hard to establish a government. Both suffered many privations after the Indian wars, for their crops had been spoiled. The Ohio settlers, however, sent them food.

*One hundred and fifty thousand acres were granted to George Rogers Clark by Virginia, as compensation for his military services in the Northwest Territory in behalf of the State. :

In 1798, when it was decided that the population was sufficient, twenty-two representatives were chosen for delegates to a general assembly, of which number Indiana had one. President Adams chose five for a council, among whom was Vanderburg, of Vincennes, who was made president.

The Territorial house was organized Sept. 23, 1799, and on Oct. 3 Harrison was elected delegate to Congress by a majority of one over Arthur St. Clair.

In 1800 the Northwest Territory was divided by an act of Congress. All the territory east of a line which now very nearly corresponds to Indiana's eastern boundary was constituted the Northwest Territory, and all lying west of this line was named Indiana Territory, and its government was continued at Vincennes as the capital.

At this Congress Harrison also secured the passage of an Act which made him popular the rest of his life. According to law the western lands had been sold in tracts of not less than 4,000 acres, so only land companies could buy. Now Harrison secured an act which stipulated that the land should be sold in sections and half sections. He was chairman of the committee appointed to discuss the plan - the first Territorial delegate to be chairman of a committee.

During the time Indiana was a part of the Northwest Territory there were attempts to change the slavery clause in the Ordinance of 1787, but all failed. Slaveholders in the South couldn't very well sell all- their slaves and go North and support themselves, nor could they take their slaves, so they had to stay in the South.

The government of Indiana Territory began July 4, 1800, with Harrison as governor, John Gibson as secretary, and three judges. During the next four years attempts were made to change the slavery article of the Ordinance. The chief one was gotten up in 1802-03. The French were especially in favor of striking out the article. Harrison was persuaded to call a convention of representatives. The most able men of the Territory assembled and drew up a petition which they sent to Congress with a letter from Harrison approving the petition, asking that the Sixth article be set aside for ten years, and stating that the petition would be void after 1805. A letter was also sent from the people asking for the reelection of Harrison as governor. The petition was not definitely acted on before 1805, so it amounted to nothing.

Harrison was a very able man. The fact that he was a Republican and that a majority of the population were Federalists, pro-slavery, and very anxious that the government be raised to second grade, gave him a problem to solve which he dexterously handled. He knew that second-grade government would be the road to slavery, so he wrote a letter to a "friend" explaining why he was opposed to it. The letter got into the newspapers and won the people completely to his side. His chief argument was that it would necessarily add great expense.

In 1803, when Louisiana was purchased (Boynton, 259), Congress provided that the officers who governed Indiana Territory should also govern Louisiana, but not, of course, with the same laws. But Louisiana objected to the plan, and a year later the citizens met at St. Louis, since most of them lived in this part of the Territory, and sent a petition to Congress for separate officers, which was granted.

In 1805 Indiana Territory reached the stage of second-grade government. The people wanted it. They could then have representative government and also have a delegate in Congress. _

In 1805 the Territory of Michigan, on the north, was established, and in 1809 the original territory was further divided by the establishment of Illinois on the west, leaving Indiana Territory with nearly the same boundaries as those of the present State.

In 1815 the legislature sent a petition to Congress asking for an enabling act. They had thirteen counties and a male population of 63,897. They added this clause: "And whereas the inhabitants of this Territory are principally composed of emigrants from every part of the Union, and as various in their customs and sentiments as in their persons, we think it prudent at this time to express to the General Government our attachment to the fundamental principles of legislation prescribed by Congress in the Ordinance for the government of this Territory, particularly as respects freedom and involuntary servitude, and hope they may be continued as the basis of the Constitution."

Congress passed a bill, April 19, 1816, making a law in accordance with the petition to make Indiana a State. The act provided for the election of forty-three delegates to meet in convention and decide whether to form a State government, and if so, they had the power to form a constitution themselves or provide for an election of representatives who should form a constitution. Their

The convention met at Corydon, June 10, 1816. It was hardly composed of great men, but they were good, honest men. Jonathan Jennings was elected president and William Hendricks secretary. The first day it was moved that a constitution should be formed, and there was a motion to proceed to its formation on the next day. The vote was taken the following day and only eight members were opposed to proceeding to make a constitution. Committees were appointed to prepare the various parts of the document, which took the first week.

The article on amendments to the constitution stated that it might be revised at intervals of twelve years by a majority vote of the people, but as to the article on slavery no alteration should ever take place. Slavery and involuntary servitude were absolutely forbidden (practically the words of the ordinance were used). The constitution was completed June 29, 1816, and unanimously adopted by the members of the convention, and the State was admitted to the Union Dec. 11, 1816.

As has been said, many of the settlers were from the New England States, but there were people from all the colonies. This laid a foundation for a strong State, for honest, industrious men had come from various points with various ideas and abilities.

The capital remained at Corydon until 1824, when it was removed to Indianapolis. The constitution of the State made at Corydon in 1816 remained as the fundamental law of the State without amendment until 1851, when the one under which the State is now governed was made by a State convention which met at Indianapolis.

Bibliography

The following list of historical material does not pretend to be exhaustive or complete, but only suggestive, and is given to meet any demand 'of a general nature in the study of the history and government of Indiana.