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are elected for four years, and representatives for two. The General Assembly meets once in two years, (on the first Monday in December,) unless convened specially by the governor. The judicial power is vested in the supreme court, consisting, at this time, of nine judges, which meet at the capital once a year, on the first Monday in December ; and in nine circuit courts, held twice a year in each county, by the nine circuit judges. These circuit judges hold the supreme court. They are also members of the council of revision, (an unfortunate circumstance, as it is of no practical use, and tends to make all of them politicians.) They are appointed by the General Assembly, a circumstance equally unfortunate. There are, also, county commissioners' courts held in each county. Probate justice's courts, and courts held by justices of the peace; the three last, together with the sheriff and recorder of each county, are elected by the people. The governor receives, at the present time, a salary of two thousand dollars a year; and the judges of the supreme and circuit courts, fifteen hundred each. Provision is made for amending the Constitution, in express terms, and two attempts have been made for that purpose already, both of which proved abortive; and, perhaps, fortunately so, as the time has not yet come when the Constitutionof this State can be so amended as to enhance its value.
From 1818 till the breaking out of the Sac war, in 1832, little occured of much interest requiring our attention, other than what will be found under distinct heads hereafter. We will, therefore, pass over that period of fourteen years, and call the attention of our readers to the Sac warobserving, in the meantime, that the population of the State, during that period, increased with great rapidity ; being, in 1810, twelve thousand two hundred and eighty-two; in 1820, fifty-seven thousand ; and in 1830, one hundred and fifty-seven thousand. The increase of wealth was about in the same proportion.
A question has recently been mooted, whether " the day of sale” means the time when the land is entered, paid for, and a certificate given, or when the patent is executed. When the land is paid for, and a certificate given, the United States, to all intents and purposes, are divested of their interest in the premises; and the purchaser is vested with such interest. He becomes then a freeholder, to all intents and purposes ; his title, thenceforward, passes by deed, and is subject to judgment and execution. 'Tis therefore absurd to pretend, that “the day of sale” means the day on which the patent is signed, or any other day than that on which the land was entered, paid for, and a certificate given, all of which are contemporaneous acts.
This provision is, or ought to have been, superfluous. No person having any regud whatever for principle, would have thought of adopting one rule for residents, and another for non-residents, in the assessment and collection of taxes. Inasmuch, however, as the better way to keep men honest is to remove all temptation to be otherwise ; or, in other words, to deprive them of the ability to do harm, in case they are inclined to do so this provision is, perhaps, well enough.
NOTE III. . An effort having been made, in 1840, to annex ail that part of the State of Illinois, between “an east and west line drawn through the southerly bend, or extreme of Lake Michigan;" and its northern line drawn east and west, at latitude 42° 30' north ; the question in relation to its northern boundary demands a few moments attention.
On the 30th of March, 1840, James Duane Doty, the present governor of Wisconsin, addressed a letter to the people of Wisconsin, in which he says: I hope no inducement which may be held out by political expediency, or respect for a government which has attempted to infringe the rights of a State (Wisconsin,) which had no voice in her counciis, will deter us from proceeding to frame a permanent government for the State, accord. ing to its constitutcd boundaries." In a prior letter, of the 19th of January, 1840, addressed to sundry individuals in northern Illinois, Governor Doty observes : “My doctrine has been and still is, that if Congress saw fit to establish more than three States in the territory northwest of the Ohio--the ordinance fixed definitely the northern boundary of the states bordering on the Ohio river, on “a line drawn east and west through the southerly bend, or extreme of Lake Michigan.”
It is therefore lawful for those (that is, those living north of the line last aforesaid,) to unite with the people who occupy the other portion of the fifth State, (now called Wisconsin Territory,) to frame a State government for themselves, according to the articles of cession contained in the ordinance of 1787. This right is paramount to any act of Congress.”
“ The public debt (says Governor Doty,) of Illinois is enough alone to alarm the property-holders in every part of the State, especially the industrious farmers.”
“ Justice, (continues Governor Doty,) however, I think requires that provision should be made in the constitution of the new State, for the completion of the canal from Chicago to the State line, and also the improvement of the navigation of the Rock river, and the repayment of a fair proportion of the expense incurred by Illinois upon these works. A proportion so equitable I cannot but believe would be accepted by Illinois, and the course pursued by Wisconsin approved by the world.”
At the instance of Governor Doty, a few public meetings were held in northern Illinois, and delegates were appointed to meet in convention, etct, but when and where I have no recollection, and at present no means of ascertaining—the proposition was too absurd to meet with much countenance, and was speedily abandoned.
We have already remarked, that the Territory of Illinois included the present State of Illinois and the whole of Wisconsin Territory. Congress, therefore, had a perfect right to include the whole in the State of Illinois--or such part of it as they thought proper ; not, however, excluding therefrom any portion thereof south of the line drawn “ east and west through the southerly bend of Lake Michigan.” They had, also, by the ordinance of 1787, fall power and authority (if expedient,) to form one or two States in that part of said territory north of the aforesaid line. It does not, however, of course follow, that the whole of it was to be included in such States, nor was Congress required to do so. They did, in point of fact, establish the line at latitude 42° 30' north. Minois ratified and confirmed the line-the northern part of said territory was annexed, first to Michigan, and afterward erected into a separate territory.
The act of Congress, approved April 30, 1802, admitting Ohio into the Union—the act of Congress, of January 15, 1805, erecting the Territory of Michigan, recognized the “east and west lines drawn through the southerly bend, or extreme of Lake Michigan. The act of Congress, approved May 20, 1812, for surveying the northern line of Ohio, recognized the same. Of course the question between Ohio and Michigan, which agitated this community to a considerable extent a few years since, was entirely different from the one now presented. When Indiana was admitted into the Union, (April 19, 1816,) its northern line was established ten miles north of the first mentioned line, and parallel thereto. This has never been questioned, either by Indiana or Michigan. Nor is there any reason whatever for disputing the northern line of Illinois, or the authority of Congress to establish it at a point on Lake Michigan, in latitude 42° 38' north, and running from thence west to the Mississippi.
Causes of Indian hostilities in general-Philip's letter to the Governor of Massachusetts
-Black Hawk born on Rock river, in Illinois, 1767—Winnebagoes—Menonemies -Pottawatomies—Sacs and Foxes—Treaty of St. Louis, June 27, 1804—Black Hawk's opinion of it—Fort Madison-Attempts to cut off its garrison-Whites settle on the lands ceded—Were in some instances the aggressors— Treaty of Prairie Du Chien, August 19, 1825— American mediators, etc.—Unsuccessful attack on keel. boats by Indians, July 30, 1827—Black Hawk suspected—General Atkinson marches into the Winnebago country, and arrests those suspected—Indians suspected tried, 1828—Black Hawk, among others, tried and acquitted— Treaty of Prairie Du Chien, July 15, 1830—Black Hawk not a party to it-Difficulties between Black Hawk and Keokuk – Several depredations committed - Governor Reynolds - General Gaines—Black Hawk crosses the Mississippi to its west bank-Recrosses the Mississippi in the spring of 1832, and ascends the Rock river-Governor Reynolds calls out one thousand militia—General Whitesides elected brigadier-general-Ascendo Rock river to Dixon's—Major Stillman ascends Rock river in advance of the armyIs defeated, May 14th, 1832—Captain Adams-Major Hackleton-General While. sides's brigade visits the battle ground and buries the dead-Returns to Dixon's-General Atkinson arrives–Keokuk's address Indian Creek settlement attacked, and its inhabitants massacred—Miss Hall's narrative-General Whitesides's brigade marches to Pawpaw grove, and from thence to Fox river and to Ottaway-Are discharged -A part volunteer again-Black Hawk moves up the Rock river to its head waters, and is pursued—A Dunkard preacher massacred near Chicago-A party of spies attacked, and four killed_St. Vrain-Mr. Smith-Mr. Winters—Attack on Plum Creek-Captain Stephenson—Captain, afterward General Dodge—General Semple -General Atkinson fortifies his camp at Dixon's, and awaits the arrival of the Illinois militia-General Henry-General Posey-General Alexander–Militia arrive at Dixon's, and General Brady assumes command of the whole-Congress direct six hundred mounted rangers to be enlisted—Major Demont_Rev. Zadock Casey, The whole army march up Rock river-Joined by one hundred Pottawatomies, under Wa-ban-see-Arrive at Koshkanong-General Atkinson assumes the commandGeneral Henry sent to Fort Winnebago, and General Posey to Fort Hamilton, for supplies—General Henry pursues Black Hawk up the White Water, thence to the Wisconsin-Overtakes him on the 21st of July–Battle of Wisconsin-General Ew. ing-General Fry-Colonel Jones-Indians defeated-Reaches the Blue Mounds on the 22nd of July—General Atkinson arrives—The army crosses the WisconsinOvertakes Black Hawk on the Mississippi—Battle of the Bad Axe-Indians defeated, August 2, 1832—General Atkinson's official report of the battle-Captain Throcmorton's account-Black Hawk escapes-Governor Cass's report of the campaignBlack Hawk taken prisoner by the Winnebagoes, and brought to Prairie Du ChienGeneral Scott ordered to the scene of action--Cholera at Chicago— Treaty of 1832—Black Hawk taken to Washington, and through the Eastern cities-Dies October 3, 1838-His character.
WHATEVER doubts may exist, in relation to the war of 1756 having been a native of America, there can be none in relation to the Black
Hawk war, of 1832. The latter is conceded, by all, to have been “a native of Illinois.” Its origin was here; and its progress and termination were here and in the neighborhood. We should, therefore, do injustice to our subject, were we to pass over an event, so prominent in our history, with a few slight or casual remarks.
Those who have recently migrated hither, and those acquainted imperfectly with our annals, can scarcely believe, that twelve years have not yet elapsed, since the country in our vicinity was the theatre of an Indian massacre,
and its whole population driven to seek protection from the guns of Fort Dearborn. Such, however, is the fact, strange as it may seem.
Most of the difficulties between the white and red man, for the last two hundred years,
have grown out of a desire, manifested by the former, to possess the lands, or hunting grounds of the latter. As early as 1667, we find a letter of Philip, of Pakanoket, without date, (known generally as King Philip,) directed to the Governor of Massachusetts, on this subject. This letter, on account of its singularity, we insert entire.
“ TO TRE MUCH HONORED GOVERNOR, MR. THOMAS PRINCE, DWELLING AT PLYMOUTH :
“ King Philip, desire to let you understand that he could not come to the court, for Tom, his interpreter, has a pain in his back ; that he could not travel so far, and Philips sister is very sick. Philip would entreat that favor of you, and any of the magistrates, if any English or Endians speak about any land, he pray you to give them no answer at all. This last summer he maid that promise with you, that he would not sell no land in seven years time ; for that he would have no English trouble him before that time, he has not forgot that you promise him ; he will come as soon as possible, he can speak with you, and so I rest.
“ Your very loving friend,
It would seem from the tenor of the above letter, that Philip had been summoned to court at Plymouth, but being unwilling to trust the English, he excused himself because Tom had a pain in his back," and his sis. ter“ was very sick.” It would seem farther, that Philip had been im. portuned to sell land to the English, and that it was agreed on all hands, that no purchase or sale should be made for seven years.
In tracing the war of 1756 to its source, we find the intrusion upon, or rather the surveying of Indian lands, one of its prominent causes. The Pontiac war had its source in the same cause; the war with the Miamies, which terminated in the defeat of “Little Turtle.” And in our days, Tecumseh's hostility, and Black Hawk's, later still, all originated in controversies about land.
Black Hawk, the Indian chief who has recently occupied a consider. able space in the public mind, and cost, it is said, the United States more than two millions of dollars, was born, as it is supposed, about the year 1767, on Rock river, in Illinois.
At the time of which we are about to speak, the Winnebagoes occupied all that part of the Wisconsin territory, bordering on the river Wisconsin, and in the vicinity of Winnebago lake. Their population, in 1820, was estimated at one thousand five hundred and fifty souls, of whom five hun. dred were warriors. White Loon was a conspicuous chief among them. He opposed General Wayne in 1794 ; fought at Tippecanoe in 1811; was active during the war of 1812, on the side of the British; and treated with General Harrison, at Greenville, in 1814.
The Menonimies resided still further north, upon a river of that name, in the vicinity of Green Bay. They were estimated, in 1820, at three hundred and fifty souls, of whom one hundred were warriors.
The Pottawatomies occupied the head waters of Lake Michigan ; they were estimated, in 1820, at three thousand four hundred souls. The United States paid them yearly five thousand seven hundred dollars. The Pottawatomies were known to the French at an early day. In 1668, three hundred of their warriors visited Father Allouez, at Chegaumegon, an island in Lake Superior.
The Sacs (or rather the Sauks,) and Foxes, usually mentioned to. gether, (one nation in fact,) occupied the country west of the Pottawatomies, between the Illinois and Mississippi rivers ; they were estimated, in 1820, at three thousand souls. They were also known to the French; and Christianity was taught them by the Jesuits, in 1668. Keokuk was for many years a conspicuous chief among them; as also Black Hawk, before referred to. The latter was a grandson of Na-na-ma-kee, or Thunder, and having taken the scalp of an enemy, at the early age of fifteen, was admitted to the rank of “a brave.” A short time afterward, he joined a war-party against the Osages, and became noted for his valor. On his return, he was allowed to join in the war-dance of his nation : he frequently led war-parties against the enemies of his tribe, and in almost every instance was victorious.
On the 27th of June, 1804, a treaty was made at St. Louis, by General Harrison, with the Sacs and Foxes; and the lands east of the Mississippi were ceded to the United States. This treaty having been executed, as Black Hawk pretended, without the knowledge or consent of the nation, and having been the subject of much altercation, and the cause of serious difficulty thereafter, we insert it entire. (See note 1.)
When Fort Madison was afterward erected on the Mississippi river, above the De Moyne rapids, the Indians expressed their dissatisfaction, and made an unsuccessful attempt to cut off the garrison.
The Territory of Illinois, in 1818, having been admitted into the Union, and peace between Great Britain and the United States been restored, emigrants from every direction repaired thither, and the country of the Sacs and Foxes, was shortly surrounded by the settlements of white men. In order to hasten the departure of the Indians from the ceded territory, some outrages, it is said, and we have no doubt of the fact, were committed on their persons and their effects.