398 PUNITIVE EXPEDITIONS AGAINST INDIANS. ration, and that the Federal Congress should in advance consent to admit the new State into the Union.* This act, however, was repealed because of a memorial addressed to the Virginia Assembly by some of the members of the fourth convention and it was not until several years later and until after five other conventions had met that the work of separation was consummated.† In 1786 the Indian war broke out with increased fury, and an expedition of 1,000 men under George Rogers Clark was sent against the Indians. The expedition was poorly managed, however, and ended in failure. Starting from the falls of the Ohio, the troops marched by land to Vincennes, where for several days they awaited the arrival of the rations and powder which had been sent by water. But half the provisions had been destroyed on the voyage, and the troops were forced to live on short rations, which caused much discontent among them. To add to their discontent, Clark foolishly threw away all chance Shaler, Kentucky, p. 97; The South in the Building of the Nation, vol. i., pp. 256–257; Roosevelt, p. 221 et seq. For details, see Shaler, Kentucky, p. 97 et seq. On the early history of Kentucky, see also W. B. Allen, History of Kentucky (1872); John Bradford, Notes on Kentucky, in Kentucky Gazette (Lexington, 1826-29); Mann Butler, History of the Commonwealth of Kentucky (1834); Lewis Collins, Historical Sketches of Kentucky (1847); Humphrey Marshall, History of Kentucky (1812); John A. McClurg, Sketches of Western Adventure (1832); J. F. Smith, History of Kentucky (1886); the publications of the Filson Club (1884 to date). ‡ Dunn, Indiana, pp. 163–164. of surprising the Indians by sending ahead runners to offer the Indians peace or war. This was the last straw, and 300 of the troops refused to proceed farther, saddled their horses, and, ignoring the entreaties of Clark, started homeward. Thus weakened, the others were left in dire straits; and, fearing surprise by the Indians, they resolved to follow the footsteps of their friends. The promising expedition was therefore turned into a disgraceful retreat, and the troops took the nearest and quickest routes to their homes.* There was something to offset this calamity, however. Colonel Benjamin Logan, with a body of 500 mounted riflemen, had crossed the Ohio where Maysville now. stands, penetrated the Indian territory to the head of the Mad River, burned several towns, devastated many hundreds of cornfields, killed 20 horses, and with 80 prisoners returned to Kentucky, sustaining a loss of only 10 men.† Shortly after the sale of the Ohio Company, Congress offered to sell to the Miami Company, the chief personage in which was John Cleves Symmes, of New Jersey, a tract of 2,000,000 acres, situate between the Little and the Great Miamis. On * Roosevelt, Winning of the West, vol. iii., PP. 77-84; Marshall, History of Kentucky, vol. i., pp. 248-249; Dillon, History of Indiana, pp. 201-202; Dunn, Indiana, p. 164; Albach, Western Annals; Butler, History of Kentucky, p. 153. † Dunn, Indiana, p. 164; McMaster, United States, vol. i., p. 388. THE MIAMI COMPANY; CINCINNATI FOUNDED. May 15, 1788, the contract was signed *King, Ohio, pp. 203-206. † Ibid, p. 209. McMaster, United States, vol. i., pp. 515-517. 399 of 12 surveyors and assistants, returned to Losantiville, starting December 24, 1788. From the time of their arrival at their destination is supposed to date the founding of Cincinnati.* The exact date of the settlement, however, has baffled research and it has been noted as a curious fact that "the date of the settlement of Cincinnati is unknown, though we have the testimony of the very man who made it."+"Ludlow laid out a village with the present Central Avenue and Broadway, about three quarters of a mile apart, for east and west boundaries, and Seventh Street, about as far from the river for northern, blazing the street lines on the trees. Three or four log cabins were built and the flooding out of several Ohio River town sites about this time left Cincinnati the sole survivor." The name of the city was not changed from Losantiville to Cincinnati until January, 1790, when St. Clair established Hamilton County. Emigration to the West now became the rage and the Ohio Company were remarkably successful in inducing the New Englanders to migrate; so much so, in fact, that bitter complaints were made by the East, and *King, Ohio, pp. 211-212. See also Ford, History of Cincinnati and Hamilton County (1880); Miller, Cincinnati's Beginnings (1880). Perkins, Annals of the West. Judson Harmon, Cincinnati, in Encyclopædia Americana, vol. iv. See also King, Ohio, pp. 212 213. 400 WILKINSON'S SCHEMES. the scheme was denounced as an attempt to drain the latter section of its best blood. But a still more serious loss threatened the whole country. The settlers in the western portion of North Carolina, now Tennessee, and the settlers in western Virginia, now Kentucky, had become discontented because of the treatment accorded them by the State and National governments, and it was feared that they would quit the Confederation, form a new republic and ally themselves with Spain. Some of the settlers believed that, by a show of force, they could compel Spain to grant the free use of the Mississippi, while at the same time they could still continue under the authority of Congress.t General James Wilkinson, one of the most despicable characters in all our history, was one of these, and the weight of his influence added popularity to the scheme. He determined to open the navigation of the Mississippi, and, to test the Spanish temper, dispatched a cargo down the river which was seized at New Orleans. Miro, the governor of Louisiana, was informed that the owner of the cargo, Wilkinson, was very popular; that he had great influence over the Kentuckians; and that, if his property were confiscated, he would arouse the whole country and descend upon * Gilmore, Advance-Guard of Western Civilization, pp. 135-136. Phelps, Louisiana, p. 156. Louisiana with several thousand of the best shots in the valley.* Wilkinson then went to New Orleans, and by veiled threats confirmed the fears of Miro, who thereupon determined to bait Wilkinson with offers of free trade with New Orleans, in return for which Wilkinson was to use his influence to bring the Kentuckians to the side of Spain. The two struck a bargain and Wilkinson returned home.† Upon his arrival there he found John Connolly, the agent of Lord Dorchester (formerly Sir Guy Carleton), who had come to enlist the aid of the settlers on the side of Great Britain in a war with Spain, for the purpose of securing possession of Louisiana. ‡ Wilkinson soon assured his guest, however, that the Americans hated the British and could never be brought to aid them in any undertaking, and Connolly thereupon de Gilmore, Advance-Guard of Western Civilization, pp. 153-159; Roosevelt, Winning of the West, vol. iii., p. 125; Phelps, Louisiana, p. 158; Ogg, Opening of the Mississippi, p. 442. See the letter of Arthur St. Clair to John Jay December 13, 1788, in W. H. Smith, St. Clair Papers, vol. ii., p. 101. See also Roosevelt, Winning of the West, vol. iii., p. 129. It must not be forgotton that Louisiana at that time comprised the whole valley of the Mississippi from New Orleans to the present northern boundary of the United States, stretching as far west as Wyoming and Montana. NAVIGATION QUESTION NOT SETTLED. parted for Detroit, completely frustrated in his design.* Wilkinson was now a popular idol, because of his success in opening the river and making a market for large quantities of tobacco and other produce which could not otherwise have been sold.† He now organized an expedition of 25 flat-boats laden with flour, bacon, tobacco, butter, hams and ammunition, and early in January set forth with an escort of 150 fighting men. Others followed his example, and dozens of flat boats filled with produce were sent to New Orleans, depleting the stock in Kentucky to such an extent that by spring the cost of 401 food in some localities had risen 60 per cent.* But the question of the navigation of the Mississippi was by no means settled, for while Wilkinson's cargoes were treated considerately, those of the other traders met the same fate to which they had always been subjected. Miro's promise of protection applied only to Wilkinson, and not to the merchandise of other Westerners, and even Wilkinson's prerogatives after a while amounted to nothing. Within a year the trade conditions were the same as they had been before Wilkinson appeared on the scene.† APPENDIX TO CHAPTER IV. I. AN ORDINANCE FOR THE GOVERNMENT OF THE TERRITORY OF THE UNITED STATES NORTHWEST OF THE RIVER OHIO. Section 1. Be it ordained by the United States in Congress assembled, That the said territory, for the purposes of temporary government, be one district, subject, however, to be divided into two districts, as future circumstances may, in the opinion of Congress, make it expedient. Sec. 2. Be it ordained by the authority aforesaid, That the estates both of resident and nonresident proprietors in the said territory, dying intestate, shall descend to, and be distributed among, their children and descendants of a deceased child or 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 * Phelps, Louisiana, p. 163. Gilmore, Advance-Guard of Western Civilization, p. 161. shall have, in equal parts among them, their deceased parent's share; and there shall, in no case, be a distinction between kindred of the whole and half blood; saving in all cases 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 descents 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 be devised or bequeathed by wills in writing, signed and sealed by him or her in whom the estate may be, (being of full age,) and attested by three witnesses; and real estate may be conveyed by 402 THE ORDINANCE OF 1787. lease and release, or bargain 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, Saint Vincents, and the neighboring villages, who have heretofore preferred themselves citizens of Virginia, their laws and customs now in force among them, relative to the descent and conveyance of property. Sec. 3. Be it ordained by the authority aforesaid, That there shall 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 one thousand acres of land, while in the exercise of his office. Sec. 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 five hundred 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 a freehold estate, in five hundred acres of land, while in the exercise of their offices; and their commissions shall continue in force during good behavior. Sec. 5. The governor and judges, or a majority of them, shall adopt and publish in the district such laws of the original States, criminal and civil, as may be necessary, and best suited to the circumstances of the district, 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 shall think fit. Sec. 6. The governor, for the time being, 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. Sec. 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 of the same. After the general assembly shall be organized the powers and duties of the 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. Sec. 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 two counties and townships, subject, however, to such alterations as may thereafter be made by the legislature. Sec. 9. So soon as there shall be five thousand free male inhabitants, of full age, in the district, upon giving proof thereof to the governor, they shall receive authority, with time and place, to elect representatives from their counties or townships, to represent them in the general assembly: Provided, That for every five hundred free male inhabitants there shall be one representative, and so on, progressively, with the number of free male inhabitants, shall the right of representation increase, until the number of representatives shall amount to twenty-five; 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 years; and, in either case, shall likewise hold his own right, in fee simple, two hundred acres of land within the same: Provided, also, That a freehold in fifty acres of land in the district, having been a citizen of one of the States, and being 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. |