|Q.977,3 Un31 V UNIVERSITY OF lLLir~i~ LIBRARY AT UR~ANA-GHAMPA!GN ILL HIST. SURVEY x^*^^^f THE ILLINOIS-WABASH LAND COMPANY MANUSCRIPT manuscript of the Illinois- A Wabash Land Company was recently purchased at an auction in New York City. It is evidently one of several copies made for the various members of the company at the time when the two companies, the Illinois Land Company and the Wabash Land Company, were united. This reproduction has been made for private circulation only, and I take great pleasure in sending it to you. CYRUS H. McCoRMicK November i, 1914 Chicago, Illinois Copy No MU THE ILLINOIS-WABASH LAND COMPANY MANUSCRIPT WITH AN INTRODUCTION BY CLARENCE WALWORTH ALVORD PRIVATELY PRINTED By CYRUS H. McCORMICK 1915 [A * " i THE ILLINOIS -WAB ASH LAND COMPANY Trade and land-speculation! The story of these activities contain the history of the early exploration and colonization of western America. Such docu- ments as the following, which have sprung out of the very enterprises of nation-builders, tell this story so teeming in interest and justify their preservation and close study. In the acts here told and in others like them is seen the germ of later vast enterprises which have resulted in covering the almost deserted forests and prairies of the Mississippi Valley with their popu- lous cities, their lovely villages, and their wealthy farms. The first men to find their arduous way across the mountains, that vast buttress against the enterprise of the British tide-water settlements, were hunters and fur-traders, who were almost contemporary in their undertakings. These brought back to the settle- ments such glowing stories of the richness of the mid- land valley that the land speculators were aroused to energy and preceded the farmer in the mad rush west- ward; and in many places along the Ohio and Mississippi vasts tracts were covered with claims before the first real home-builders drove their wagons or guided their flat-boats to this Mecca of future hope. Who can measure the value to the West of the labor of these enterprising speculators who by printed pamphlet and spoken word have attracted the troops of emigrants to seek out happier conditions? "Go West," was the slogan which they cried; and their personal gain or loss has resulted in the birth of many states. If the complete history of these documents were written, it would require many pages, because it would develop into a treatise on the British land system which cannot be understood without a disen- tanglement of the chaotic politics of Great Britain during the last half of the eighteenth century; but this is neither the time nor place to enter into the many complicated problems involved in such a study, and it will be sufficient to give attention only to the most conspicuous conditions and events. To the numerous land speculators of Great Britain and her colonies, the government seemed exceedingly slow in determining the best means to employ in developing the American West that had been ceded by France in the Treaty of Paris of 1763; and, when it was decided in London that expansion westward should be gradual and only after the British Govern- ment had duly purchased from the Indians their rights, every speculator with his get-rich-quick scheme became disheartened. The slow processes of British diplo- macy did not offer much to satisfy their eager desires. The Indian boundary lines which the British superin- tendents ran during the years 1768-1770 along the back of the colonies, opening up for immediate settlement only part of western Pennsylvania, and what is now West Virginia, cut off many a hope for sudden wealth. It seemed that the British govern- 10 ment was reserving the fair lands along the Ohio and Mississippi to be the haunt of the red men and the temporary sojourn of the fur-trader. The first document in this volume, the opinion of Lords Camden and Yorke, in regard to the sovereignty of the Indian nations, aroused the land speculators from their feeling of discouragement and put new life into their schemes to exploit the West which now seemed to lie open to them unprotected by any imperial restriction. The history of this opinion has, so far as is known, never been written. In 1769 Samuel Wharton, a merchant of Philadelphia, went to London in the interest of an association of merchants who had suffered considerable losses at the outbreak of the Indian war of 1763, known in history as the Conspiracy of Pontiac. At the treaty of Fort Stanwix in 1768, the Indians had been persuaded to make a large grant of land in what is now West Virginia in compensation for these losses, and Wharton was sent to England by his partners to persuade the ministry to issue letters-patent for this grant. In this he did not succeed; but he wrote home that this failure made no difference, because he had obtained the opinion of Lord Camden and Lord Chancellor Yorke as it is written in the following document. The exact date of this opinion can not be established. Charles Yorke was lord chancellor only a few days before his death in January, 1770; and his mental condition during that period was such that the opinion must have been given some time previous to his promotion. The date of the opinion, which was wholy private, must, therefore, have been during the year 1769. 1 1 According to it any man or group of men could purchase land directly from the Indian tribes which were sovereign nations, and such titles would be regarded as legal in the British courts. The opinion was soon known in America, although Wharton tried to keep it quiet; and it stirred up many an interest- ing land scheme, among which are to be found those of the Illinois Land Company and the Wabash Land Company, later united into the Illinois-Wabash Land Company, whose records are here illustrated. Before this important event had taken place in England, the country of Illinois had been the scene of many interesting enterprises, that have a very direct connection with this land speculation. After the final occupation of the Illinois country by the British troops in the fall of 1765, there was a rush of traders into the region. The principal and first firm to enter the eager competition for the western fur-trade was that of Baynton, Wharton, and Morgan of Philadelphia, who made elaborate prepar- ations. In a letter from a member of the firm there is found an estimate that over three hundred boat- men were being employed by them to convey their goods to Kaskaskia. These merchants were left only a short time to enjoy their trade in peace. A Phila- delphia and London firm, Franks and Company, reached out also for this western trade; and for several years there was a very bitter rivalry. Both firms tried to obtain the concession to furnish the provisions for the British troops in the country and both engaged in extensive trading for furs. Baynton, Wharton, and Morgan were the first also to attempt to gain a large land grant in the Illinois, but in spite of the efforts 12 of their representative in London, Benjamin Franklin, they were unsuccessful; and since their trading venture did not succeed, they gradually withdrew from the country and left the field to their rivals. The able representative of Franks and Company at Kaskaskia was the William Murray who figures so largely in the following documents. Concerning him little is known. There are in existence, however, several of his letters to his partners, which reveal him as a man of pleasing personality and of jocose mood. He calls himself at the time a merchant residing in Philadelphia. He lived, however, several years in Kaskaskia and left there finally two years before the village was taken by the Virginians in 1778. From his letters it is evident that his firm had not prospered as the members had expected, and so they determined on a bold venture. Murray began the trip to Illinois, which ended in the purchase of land by the Illinois Land Company in the spring of the year 1773. From Pittsburg he wrote to two of his partners, Bernard and Michael Gratz, a letter in which he says that he had visited the famous frontiersman and land speculator, George Croghan, who, he writes, "assured me, That Lords Camden and Yorke Personally Confirmed to him the Opinion respecting Indian Titles, when C[rogha]n was last in England. So Courage my Boys; I hope We shall yet be Satisfied for our Past Vexations attending our Concern in the Illinois. . . . Thos. Minshall, Capts. Col- lander & Thompson and John Campbell have Signed the Land Affair which makes twenty-two shares." With light heart and in an optimistic mood, William Murray shortly after set out on the Ohio '3 and reached his destination on June 11, as we learn from a letter of Captain Hugh Lord, commandant of Fort Gage in Kaskaskia village. Murray, upon his arrival, showed the commandant a copy of the legal opinion of the two noted jurists, but the captain does not appear to have been frightened, for he informed Murray that he "should not suffer him to settle any of the lands as it was expressly contrary to his Majesty's Orders;" but Murray's own narrative, as published in one of the later pamphlets of the company, informs us of his continued activities in spite of the hostile attitude of the commandant. "In the month of June, 1773," he writes, "I held several public con- ferences with the several tribes of the Illinois Nations of Indians, at Kaskaskia village; to all which conferences I invited to be present, the British, officers and all the inhabitants of the place, and a great number attended accordingly." He then goes on to relate how on July fifth he entered into that agreement for himself and associates with the chiefs of the Illinois Indians, a copy of which may be found in the later pages. By this the Illinois Land Company became the owner, under an Indian title, of two large tracts of land, one on the Illinois River and the other on the Ohio. This deed was duly registered by the notary public at Kaskaskia and was attested by Captain Hugh Lord, who reported the sale immediately to his superiors with his own adverse opinion. His prompt action led to some correspondence and at length to instructions, which belong to a later period of this story. If the list of the members of the Illinois Land Company is examined, it will be seen that they all belonged to the colony of Pennsylvania, where spec- ulation in western lands had always been popular. Still it was not to the authorities of that colony that these men turned for assistance in making good their title, but rather to the governor of Virginia, Lord Dunmore. One of the reasons for this was that Virginia's charter-claims extended over the Illinois country; but probably of much greater importance was the fact that Lord Dunmore's ambitions were leading him to seek a fortune in land-speculation. It was also probably well known to Murray and his associates that Dunmore's chief legal adviser in his western plans, Patrick Henry, shared the opinion of Lords Camden and Yorke in regard to the sovereign rights of Indians. William Murray now became the prime mover in the formation of a new land company, the later Wabash Land Company, and the purpose of its formation was to induce Lord Dunmore to give sup- port to both enterprises. In a letter of May 16, 1774, written at Philadelphia, Murray writes of both "the old and new Affair," and again he writes, "Eight in Maryland have signed to the new Affair." This "new Affair" can only refer to the Wabash Land Company, several members of which resided in Maryland, but most important of all the leading member was John Murray, Earl of Dunmore, governor of Virginia. The occurrence of this name among the list of members of the new company explains quite plainly the petition of the Illinois Land Company which was addressed to the Earl on April 19, 1774. The peti- tion recites the circumstances of the purchase as they have been here explained and prays that "your Lord- ship be pleased to take the petitioners and their settlements into the protection of your Lordship's Government of Virginia, and extend to them the Laws and Jurisdiction of Your Colony Accordingly." This petition Dunmore transmitted in May to Lord Dartmouth, the secretary of state for the colonies, with his most cordial recommendation. He writes: "Whatever may be the Law with respect to the title, there are, I think, divers reasons which should induce His Majesty to Comply with the Petition, so far at least as to admit the Petitioners and their Acquisitions if not into this Government, into Some Other. . . . I cannot then but think, that, Seeing there is no possibility of setting bounds to the Settlements of the Americans, it would tend most to the Advantage of His Majesty and to preserve the peace and order of the back Countries, that His Majesty should indulge the views of Adventurers like the Present, who willingly conform to Government." In a later letter Lord Dunmore denied that he was in any way interested in the Illinois speculation, which statement might be regarded by a toughened conscience as true. Still the Wabash plan was already launched and Dunmore's name led all the rest. The minister was not in a mood to receive the advice of Lord Dunmore favorably. The problem of the West had always been a perplexing one; but in one view the ministers were unanimous, namely, that no act should be tolerated which would tend to arouse the Indians again; and they held that the per- mission to form settlements west of the Indian boundary line would be such an act. The first news of William Murray's action was brought to the secre- 16 tary for the colonies by General Gage, at the time in England. The result was a letter of censure to Lord Dunmore and instructions to the acting com- mander-in-chief in America to prevent the undertak- ings of Murray and his associates. A quotation from the commander's letter to Captain Hugh Lord at the Illinois will illustrate the situation: "Having laid before His Majesty's Principal Secretary of State for America, your report to me of the transactions of several persons, who in contempt of the King's Pro- clamation herewith sent, have unwarrantly purchased from the Indians such lands as are undoubtedly intended to be reserved to them, and were never to be acquired but under the Sanction of Government; it is with great pleasure that I can communicate to you his Lordship's Approbation of your commendable attention to the very extraordinary attempts to acquire a title to the possession of lands in a part of the Country where all new settlement has been forbidden by the King's said proclamation. you will therefore take all opportunities to acquaint the Indians with this, His Majesty's concern for their happiness and welfare, in preventing persons taking advantage of them and purchasing the lands which it is the King's determined resolution to reserve to them, and to prevent as much as lays in your power any purchase so contrary to the Royal will and regula- tions * * * and that his Majesty's new Subjects may not be deceived and persuaded to act contrary to the intent of it, JV. e. the proclamation}^ you will be pleased to order the Notary Public to erase from his Registers any of the proceedings relative to the purchase already made and publicly to protest against them, and to '7 declare all that has been or may be done hereafter relative to it void and of non-effect." Not satisfied with this mere prohibition the min- istry determined to remove the whole Northwest from the danger of such lawless attempts. The news of Murray's purchase arrived in England at the time when the ministry had under consideration some important changes in the constitution of the colony of Canada and also at a time when the lack of government in Illinois was forcibly called to their attention by a petition of the Illinois French. The necessity of pro- tecting the lands of the Indians from speculators appeared to them of sufficient importance to justify uniting the Illinois issue with the Canadian. The result was the well-known Quebec Bill of 1774 which extended the newly formed government of Canada to the unsettled prairies of the Old Northwest; and it was hoped in London that the new government would prevent illegal settlement on the banks of the Ohio and Mississippi rivers. Meanwhile the news of the opinion of Lords Camden and Yorke had become more generally known to the land speculators and many purchases of land were proposed and some were actually made from the Indians, the most notable being that of Kentucky and part of Tennessee by Richard Henderson and Company of North Carolina. In the Illinois, Murray's example was almost immediately followed by a couple of Frenchmen who made a large purchase from the tribe of the Mitchigami. The plans of the company of which Lord Dunmore was a member were also carried out and the record of their purchase forms one of the following documents. 18 That Captain Hugh Lord obeyed his commander's orders to annul the purchase by the Illinois Land Company we are informed by Murray, who writes: "About eighteen months subsequent to this transac- tion General Gage ordered the same commanding officer to convene the Indian chiefs afresh, after I purchased the lands, and to inform them: #z4rz sf la*f~& ttn/& ts? j-f\ #~ Jfri/ t^'m. &SAt^i* SiL.. f& fiT 7- r. X x %/ v ^^i *^&ri&t*S /8K^> ^ ^1 z**^ tf^/^ju.*, ^ JZ&ja J? 4S- /> ^7 ' X /^ ^ */*+*** 7i^t<^ #CL'*xn,*j &**^t, /^^^ fa^%g~/,^ A y/2. CS^ X^" x/. 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