LAND TENURES
THE early French settlers held the possession of their land in common. A tract of land was fixed
upon for a Common Field, in which all the inhabitants were interested.
Besides the Common Field, another tract of land was laid off as the Commons. All the villagers had
free access to this as a place of pasturage for their stock. From this they also drew their supply of
fuel.
Individual grants were likewise made. Under the French system, the lands were granted without any
equivalent consideration in the way of money, the individuals satisfying the authorities that the lands
were wanted for actual settlement, or for a purpose likely to benefit the community. The first grant
of land, which is preserved, is that made to Charles Danie, May 10th, 1722. The French grants at
Kaskaskia extended from river to river, and at other places in the Bottom they commonly extended
from the river to the bluff. Grants of land were made for almost all the American Bottom, from the
upper limits of the Common Field of St. Phillip's to the lower line of the Kaskaskia Common Field,
a distance of nearly thirty miles.
The British commandants, who assumed the government on the cession of the territory by France,
exercised the privilege of making grants, subject to the approval of his Majesty, the King. Colonel
Wilkins granted to some merchants of Philadelphia a magnificent domain of thirty thousand acres
lying between the village of Kaskaskia and Prairie du Rocher, much of it already covered by French
grants previously made. For the better carrying out their plans, the British officers, and perhaps their
grantees, destroyed, to some extent, the records of' the ancient French grants at Kaskaskia, by which
the regular claim of titles and conveyances was partly broken. This British grant of thirty thousand
acres, which had been assigned to John Edgar, was afterward patented by Governor St. Clair to
Edgar and John Murray St. Clair, the Governor's son, to whom Edgar had previously conveyed a
moiety by deed. Although much fault was found with the transaction, a confirmation of the grant
was secured from the United States government.
When Virginia ceded Illinois, it was stipulated that the French and Canadian inhabitants, and other
settlers, who had professed allegiance to Virginia, should have their titles confirmed to them.
Congress afterwards authorized the Governor to confirm the possessions and titles of the French to
their lands. In accordance with this agreement, Governor St. Clair, in 1790, issued a proclamation
directing the inhabitants to exhibit their titles and claims to the lands which they held, in order to be
confirmed in their possession. Where the instruments were found to be authentic, orders of survey
were issued, the expense of which was borne by the parties who claimed ownership. The French
inhabitants were in such poverty at this time that they were really unable to pay the expenses of the
surveys, and a memorial signed by P. Gibault, the priest at Kaskaskia, and eighty-seven others, was
presented to Governor St. Clair, praying him to petition Congress for relief in the matter. In 1791,
Congress directed that four hundred acres of land should be granted to the head of every family
which had made improvements in Illinois prior to the year 1788. Before this, in 1788, Congress had
also directed that a donation be given to each of the families then living at either of the villages of
Kaskaskia, Prairie du Rocher, Cahokia, Fort Chartres, or St. Phillips. These were known as "bead-right" claims.
At an early date, speculation became active in the land claims of different kinds; bead-rights,
improvement rights, militia rights, and fraudulent claims were produced in great numbers. The
French claims were partly unconfirmed, owing to the poverty of that people, and these were forced
on the market with the others. The official report of the commissioners at Kaskaskia, made in 1810,
shows that eight hundred and ninety land claims were rejected as being illegal or fraudulent. Three
hundred and seventy were reported as being supported by perjury, and a considerable number were
forged. There are fourteen names given of persons, both English and French, who made it a regular
business to furnish sworn certificates, professing an intimate knowledge, in every case, of the settlers
who had made certain improvements upon which claims were predicated and when and where they
were located. A Frenchman, clerk of the parish of Prairie du Rocher, "without property and fond of
liquor," after having given some two hundred depositions in favor of three land claimant speculators,
"was induced," in the language of the report, "either by compensation, fear, or the impossibility of
obtaining absolution on any other terms, to declare on oath that the said depositions were false, and
that in giving them he had a regard for something beyond the truth."
The report of the commissioners raised many doubts in regard to the validity and propriety of a
number of Confirmations by the Governors, and much dissatisfaction among the claimants; and in
consequence, Congress, in 1812, passed an act for the revision of these land claims in the Kaskaskia
district. The
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commissioners under this law were Michael Jones, John Caldwell and Thomas Sloo.
Facts damaging to persons who occupied positions of high respectability in the community, were
disclosed. They reported that the English claim of thirty thousand acres confirmed by Governor St.
Clair to John Edgar and the Governor's son, John Murray St. Clair, was founded in neither law nor
equity, that the patent was issued after the Governor's power ceased to exist, and the claim ought not
to be confirmed. Congress, however, confirmed it.
For a period of several years, emigration was considerably retarded by the delay in adjusting land
titles. The act of Congress passed in 1813, granting the right of pre-emption to settlers, was
influential in bringing the public lands into market. Emigrants poured into the country, and
improvements were rapidly made.
CIVIL ORGANIZATION
THE history of Illinois has been traced while a possession of France, and when under the British
government; and the formation of Illinois as a County of Virginia has been noted. The several
States afterwards agreed, on the adoption of the Articles of the Confederation, to cede their claims
to the western land to the General government. Virginia executed her deed of cession March 1st,
1784. For several years after, there was an imperfect administration of the law in Illinois. The
French customs partly held force, and affairs were partly governed by the promulgations of the
British commandants issued from Fort Chartres, and by the regulations which had subsequently been
issued by the Virginia authorities.
By the ordinance of 1787, all the territory northwest of the Ohio not constituted into one district, the
laws to be administered by a governor and secretary, a court was instituted of three judges. A
general assembly was provided for, the members to be chosen by the people. General Arthur St.
Clair was selected by Congress, as Governor of the northwestern territory. The seat of government
was at Marietta, Ohio.
In the year 1795, Governor St. Clair divided St. Clair County. All south of a line running through
the New Design settlement (in the present County of Monroe) was erected into the County of
Randolph. In honor of Edmund Randolph of Virginia, the new county received its name.
Shadrach Bond, afterward the first Governor, was elected from Illinois, a member of the Territorial
Legislature which convened at Cincinnati, in January, 1799. In 1800 the Territory of Indiana was
formed, of which Illinois constituted a part, with the seat of government at Vincennes. About 1806,
among other places in the West, Aaron Burr visited Kaskaskia in an endeavor to enlist men for his
treasonable scheme against the government. In 1805, George Fisher was elected from Randolph
County a member of the Territorial Legislature, and Pierre Menard was chosen member of the
Legislative Council.
By act of Congress, 1809, the Territory of Illinois was constituted. Ninian Edwards was appointed
Governor of the newly organized Territory, and the seat of government established at Kaskaskia.
Nathaniel Pope, a relative of Edwards, received the appointment of Secretary.
For nearly four years after the organization of the Territorial Government no legislature existed in
Illinois. All election for representatives was held on the eighth, ninth, and tenth of October, 1812.
Shadrach Bond, then a resident of St. Clair County, was elected the first Delegate to Congress from
Illinois. Pierre Menard was chosen from Randolph County member of the Legislative Council, and
George Fisher of the House of Representatives. The Legislature convened at Kaskaskia on the
twenty-fifth of November, 1812.
In April, 1818, a bill providing for the admission of Illinois into the Union as a sovereign State was
passed by Congress. A Convention to frame a Constitution assembled at Kaskaskia in the following
July. The first election under the Constitution was held in September, 1818, and Shadrach Bond was
elected Governor, and Pierre Menard, Lieutenant Governor. Illinois was now declared by Congress
admitted to the Union as on equal footing in all respects with the original States. The Legislature
again met at Kaskaskia in January, 1819. This was the last session ever held at Kaskaskia. Vandalia,
the same year, was selected as Capital of the State. It was stipulated that Vandalia was to be the
Capital for twenty years. At the end of that period it was changed to Springfield. Below we give
list of governors and chief officers of Illinois.
Illinois was constituted a separate Territory by act of Congress, February 3d, 1809.
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