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COLLECTIONS
OF THE
ILLINOIS STATE HISTORICAL
LIBRARY
VOLUME II
VIRGINIA SERIES, VOL. I.
CAHOKIA RECORDS
1778-1790
EDITED WITH INTRODUCTION AND NOTES
BY
CLARENCE WALWORTH ALVORD
UNIVERSITY OF ILLINOIS
Published by the Trustees of the
ILLINOIS STATE HISTORICAL LIBRARY
SPRINGFIELD, ILLINOIS
a
/
Copyright 1907
BY
The Illinois State Historical Library
R. R. DONNELLEY & SONS COMPANY
CHICAGO
ILLINOIS
STATE HISTORICAL LIBRARY
BOARD OF TRUSTEES
Edmund Janes James, President
McKendree Hypes Chamberlain, Vice-President
George Nelson Black, Secretary
Mrs. Jessie Palmer Weber, Librarian
ADVISORY COMMISSION
Evarts Boutell Greene, Chairman
James Alton James
Henry Johnson *
Edward Carleton Page
Charles Henry Rammelkamp
Edwin Erle Sparks
* RESIGNED SEPTEMBER, 1906
CONTENTS
PAGE
I. Introduction xiii
II. Petition to Clark ..... i
III. Stray Leaves from the Court of the
Committee of Cahokia .... 2
IV. Record of Court Established by George
Rogers Clark 4
V. Act of Virginia Assembly Creating
County of Illinois .... 9
VI. Transcripts from the Cahokia Record . 12
VII. Record of the Court of the District of
Cahokia ....... 22
VIII Extract from the Registers of the
Magistracy of Cahokia . . . 448
IX. Cahokia Documents, French . . . 526
X. Cahokia Documents, English . . . 610
XI. Bibliography ...... 6^^
Index . 639
ILLUSTRATIONS
PAGE
Old Documents ...... Frontispiece
Philippe Francois de Rastel, Chevalier de Roche-
BLAVE . . xxvi
Charles Gratiot 4
Facsimile of Record by Saucier, Clerk ... 26
House of Francois Saucier 284
Facsimile of Record by Labuxiere, Clerk . . 398
Map of the Country of the Illinois . Inside back cover
PREFACE.
In the fall of 1905, the trustees of the Illinois State Historical
Library appointed an advisory commission to formulate a plan for
the future publications of the Library. On the recommendation
of this commission it was determined that the Illinois Historical
Collections should be continued and the volumes numbered
consecutively, but also that series should be formed of the
volumes of the Collections devoted to the same historical period,
such as the French, the British, the Virginia, etc. The present
volume is the first which has been published under this new plan
and, as its title shows, it is the first volume of the Virginia series.
For this reason an introduction has been prepared containing
the history of those years, when Illinois formed a part of the
commonweath of Virginia and the government established by
that state continued to exercise authority over the French villages.
Had not a prior discovery of the manuscripts imposed this
selection upon me, I should not have chosen to edit the records of
Cahokia first; for, interesting as is the picture of this frontier
community which they present, the central movement withm the
county of Illinois is best traced at Kaskaskia, and as a collection,
the records of that village would offer greater variety and interest.
How rich is the material, which still remains to be published, may
be readily seen from the Introduction.
There will be found in this volume many new interpretations of
past events as well as descriptions of those which have been
hitherto unknown, the result of a careful comparison of sources,
frequently used by previous writers, and a study of much new
material recently discovered. In writing the history of these
years I have felt very like a pioneer and later researches may
not uphold all my conclusions. The work has been done with the
sources before me, however, and no important statement has been
made without a careful sifting of the evidence as offered by the pri-
X ILLINOIS HISTORICAL COLLECTIONS
mary witnesses. It has been my endeavor to tell the story as it
is narrated by those who took part in these events and to remain
uninfluenced by prejudice for or against either parties or men.
If, on the whole, the picture of the misery of the French people
under the tyranny of the Virginians appears to occupy too promi-
nent a place, it is because the testimony of both themselves and
the Americans warrants it. Another reason may be found in the
fact that the Americans were the aggressors, and, as the critic of a
musical performance describes the action of the performers rather
than the instruments, so the deeds of the frontiersmen rather than
the merely passive experience of the French people must form
the theme of this narrative.
In the preparation of this volume I have become indebted to
many persons, who have given freely both of time and information.
To them I wish to make my acknowledgments and to express
my thanks. Several have, however, given me such assistance
that a more personal expression is called for. My colleague,
Professor Thomas E. Oliver of the department of modem lan-
guages, has devoted time and thought to the reading of the text and
the elucidaton of its meaning. It has been of the greatest value to
me that I have been permitted to use his careful scholarship in
all difficult cases. Mr. Benjamin Suite of Ottawa, Canada, has
read all the proof of the French and the translation and his many
valuable suggestions have been incorporated into the text and foot-
notes. Hon. Walter B. Douglas of St. Louis spent several days
with me over the translation of the legal phrases and besides has
added much to the completeness of the book from his notes.
For their unfailing kindness and courtesy in superintending the
search for material and the copying of manuscripts, my thanks
are due to Dr. Reuben G. Thwaites of the Wisconsin Historical
Society, Dr. Arthur G. Doughty of the Canadian Archives, Dr.
J. Franklin Jameson of the Carnegie Institution, and Dr. H. J.
Eckenrode of the Virginia State Library. Institutions such as
the Missouri Historical Society of St. Louis and the Chicago
Historical Society have offered the freest use of their collections
and to their officers I desire to express my gratitude. I would
PREFACE xi
also acknowledge my indebtedness for the help they have given
me in reading parts of the manuscript or proof to Dr. Louise
Phelps Kellogg of Madison and my colleagues, Professor Evarts
B. Greene, Professor Stephen A. Forbes and Mr. Frank W.
Scott. In makmg the transcription, in preparing the manuscript,
and in reading the proof my wife has been my constant assistant
and to her sympathetic judgments and criticisms the volume
owes many improvements in arrangement, interpretations, and
diction. While rendering thanks for the assistance given me by
these many friends, it must be understood that they are in no way ,
responsible for any errors which may be found in the volume ;
for these I hold myself alone accountable.
Urbana, Illinois, May, 1907. CLARENCE W. Alvord.
INTRODUCTION.
On the banks of the Mississippi in southwestern Illinois, lies
the American Bottom, the land most hallowed by romance and
history of all the lands of the old Northwest. Taking no account
of the prehistoric epoch whose monuments survive in the numerous
Indian mounds of the region, we find its history rilnning back over
two centuries to the time when the first white settlers placed
their villages by the side of the great river of the West in an
attempt to realize the idea of a colonial empire as conceived by
the Grand Monarch in his palace at Versailles. Here for almost
a hundred years, while the dominion over the Northwest was
passing from France to England and from England to the
United States, these villages endured unchanged amidst the creeks
and ponds of the bottom, which mirrored in their quiet waters the
old world civilization transported into the heart of the wilderness
from feudalized France.
The American Bottom^ extended southward from opposite the
mouth of the Missouri for about a hundred miles to the point
where the Kaskaskia formerly emptied her waters into the
Mississippi; but within recent times the lower* part of this
tract has been cut away by the greater river's breaking through
to the bed of the smaller, thus conveying to the Missouri side a
piece of this historic ground. Here is found some of the most
fertile land in the United States. Like historic Egypt, it is the
gift of a river and, like it, is submerged at intervals, although not
periodically, by the fertilizing waters that gave it birth. In
breadth the bottom land varies from three to seven miles, the
average being about five. When the first settlers came, it pre-
^ The name was given it when the Mississippi formed the western boundary of the United
States. It was probably thus named by the Spaniards across the river. (Peck, A Gazetteer
of Illinois, ad ed., 5.) Another explanation of the name has been derived from the fact that
the Americans spread their settlements over the bottom land more than the French. This
latter explanation must have arisen after the United States acquired Louisiana and the name
had lost its earlier significance.
xiii
xiv ILLINOIS HISTORICAL COLLECTIONS
sen ted to the eye a yiew of almost tropical luxuriance, inviting the
beholders to make their homes in a spot that offered more than
the land of promise flowing with milk and honey. Along the bank
of the Mississippi was a forest of about a mile in width, wherein
grew various kinds of nut trees, hickory, pecan, black walnut,
and here and there were scattered groves of crabapple and single
trees of the persimmon and mulberry. The underbrush was
composed of numberless thickets of wild plums, blackberry and
other bushes; and all were matted together by the grapevines,
which, in their efforts to gain the sunlight, twined serpent-like
about the tree trunks, encircled the branches, and almost covered
the tops with their broad leaves. On the east side of the bottom
was a long stretch of limestone bluffs, rising perpendicularly from
the plain to the height of about a hundred feet, effectually cutting
off the low land from the prairies beyond. The bluffs presented
their rough-hewn faces to the view like the bastions of some
cyclopian fortress, but in places they were screened by the trees
which clung to their sides and hung from their crests. Between
the forest and the cliffs lay an undulating meadow, the surface
of which was varied by belts of trees bordering the lakes and
ponds or fringing the streams which had found their way
through the bluffs and followed their quiet courses to the
great river beyond. On both meadow and bluff the growth of
the flora was luxuriant. In the marshy places the reeds raised
their slender tops far above the head of the passer-by, hiding
from view the snowy lilies serenely floating on the surface of the
ponds; while in forest, field, and swamp the bluebells, goldenrod,
mallows, and cardinal flowers made the scene on every side gay
with their brilliant hues.
Here nature offered her gifts with bounteous hand ; but as in
all such lands of tropical prodigality the climate was warm and
enervating, inducing in man a love of indolence and repose rather
than the more virile emotions. The ponds and streams, so beauti-
ful with their fringe of foliage in spring, became in summer stag-
nant and were the breeding places of myriads of mosquitoes,
which scattered the germs of disease among the hardy invaders
INTRODUCTION xv
of the wilderness. In the springtime the waters of the Missis-
sippi submerged the land and occasionally stretched in an
unbroken expanse from the bluffs of Illinois to those of the
opposite shore.^
This is not the place to tell the earliest history of this region,
of the exertions of the French to settle and hold the Mississippi
valley, or of that inevitable struggle with England which ensued ;
for the narrative of the documents printed in these pages be-
longs to a later period. When their story begins the American
Revolution was at its height, and the echoes of that struggle, heard
on the banks of the Mississippi, had awakened in the hearts of
the French habitants a fond hope of freedom; when their story
ends, the constitution of the United States had been adopted and
the new-bom nation was prepared to attempt the solution of the
difficult problems incident to her heritage in the West. Between
these dates the American frontiersmen had found their way to
the Illinois and the dramatic struggle of Anglo-Saxon energy
with Gallic quietism had begun.
In the year 1778 there was a population of less than a thou-
sand white settlers and of about the same number of negroes and
Indians in the villages of the bottom. At the north was Cahokia
with its three hundred whites and eighty negroes; forty-five
miles south was St. Philippe, formerly inhabited by a dozen fami-
lies, but now, because of the exodus of the French at the time of
the transference of the territory to the British, with only two or
three remaining ; at Fort de Chartres village, called Nouvelle Char-
tres, there still lingered a few French settlers; three miles farther
south Prairie du Rocher nestled under the bluffs, from which
it took its name, with a population of a himdred whites and
almost as many slaves; and at the extreme south was the
1 Hutchins, Topographical Description, ed. Hicks, io6 et seq.', for a good description of
the American Bottom, see Flagg, The Far West, in Thwaites, Early Western Travels, xxvii.,
io6 et seq. At the end of this volume will be found a map of the American Bottom taken
from Collot, Voyage dans L'Ameriqtie Septentrionale. This map was originally printed wrong
way around, for the river flows north and south instead of east and west as indicated by the
caption . I have removed the compass of the original map, but ha ve not made the other necessary
alterations, preferring to print it as in the original. The basis of this map was undoubtedly
Hutchins' well-known map of the same region. My additions are the names of Prairie du
Pont, Grand Ruisseau and Prairie du Rocher. I have also changed the name Fountain to
Belle Fontaine.
xvi ILLINOIS fflSTORICAL COLLECTIONS
metropolis of the bottom, Kaskaskia, which boasted eighty houses,
five hundred white inhabitants, and almost as many black.
The settlement of the white men in the bottom had not driven
out the aborigines, for the French have always dwelt in peace
with the American Indians, the management of whom they imder-
stood far better than did the Anglo-Saxons. Near the French
villages were the homes of these children of the prairies, who
numbered at the time less than five hundred members of the
four remaining tribes of the Kaskaskias, Peorias, Mitchigamies,
and Cahokias. The French and British travelers are unanimous
in describing these Illinois Indians as degenerate descendants
of a once warlike people. Their association with the French,
instead of fitting them better to meet the trials of life in the wilder-
ness, had corrupted the qualities of bravery and physical courage
and made them the debauched parasites of their white neigh-
bors.^
Besides these settlements of the American Bottom on the
Mississippi River, there were in the valley of the Wabash the two
important posts of Ouiatanon and Vincennes, the latter of which
rivaled the Illinois villages in population and importance ; for it
was by the Wabash that the principal trade route between the
more western posts and Canada ran.^ Many smaller settlements
were scattered throughout the region ; at Peoria on the Illinois
river, where lately Jean Bte. Mailhet had revived an older trad-
ing post; at St. Joseph on the river of the same name, and at
Miami; and here and there smaller groups of French traders
might be found in the Indian villages and elsewhere. These
smaller posts served only the purposes of trade. Their white
inhabitants, being migratory in their habits, either followed the
Indians on their periodic hunts or went from one post to another
merely to buy the furs when the Indians returned.
The British dominion ended with the Mississippi River. On
the western bank were other French villages such as St. Louis and
1 Pittman, European Settlements on the Mississippi, ed. Hodder, 84 et seq.; Hutchins,
Topographical Description, ed. Hicks, 107 et seq.
2 Benton, The Wabash Trade Route, J. H. U. Studies, xxi.; Dunn, Indiana, passim/
Craig, Ouiatanon, in Ind. Hist. Soc. Publications, ii.; Fraxiz, Die Kolonisation des Mississippi-
tales, 199.
INTRODUCTION ivii
Ste. Genevieve, belonging to the government of Spain. They
did not differ greatly in character or population from these of
the British shore ; but since the rule of the Spaniard was on the
whole more congenial to the Gallic temperament, many of the
more progressive settlers from the eastern bank had made their
homes there during the last decade, and the Spanish bank enjoyed
greater prosperity and a more rapid increase of population than
did the British, advantages which the events of the succeeding
years tended to augment, so that at the end of the period under
review the Spanish shore had profited by the misfortunes of the
neighboring villages.^
Most of the French of the western posts came from Canada,
with which country they retained constant communication through
trade and exchange of messages on family affairs. Very few had
come directly from France and the number from southern Loui-
siana was relatively small.^ Here in Illinois and on the Wabash
which under both the French and British regime were subject to
the same jurisdiction,^ they had lived for one or two generations,
engaged in the pursuits of trade and the cultivation of their
small farms. The majority, known as the habitants, coming
as they did from the lower classes of France, were illiterate and
ignorant; and their life in the wilderness, far removed from the
restraints of civilized society, had not improved their mental
or moral qualities, but had developed those best fitted to their
mode of living. Like the Indians with whom they associated
and even intermarried,'* they were active, adroit and hardy, but
^ See post, pp. cxlii et seq.
3 See notes to census on pp. 624 et seq. Reynolds (Afy Own Times, ch. xii.) says that the
population of Kaskaskia and Cahokia showed differences due to their origins, the former being
settled from Mobile and New Orleans and the latter from Canada. Although I have not
traced out the origin of all the families of Kaskaskia as I have of those of Cahokia, I have
noticed no indications of such a difference. Certainly all the prominent families of Kaskaskia
were Canadian and the names of the other families are easily recognized as coming from
the same place. Although it is necessary to make some use of Reynolds' books, they must
be recognized as the most unreliable sources for the early period that we have. More errors
in the histories of the state may be traced back to his statements than to any other one source.
3 This is true only of the more important village, Vincennes; for Ouiatanon was under
the government of Canada, and Vincennes with the Illinois villages in the province of Loui-
siana during the French period. Dunn, Indiana, 58.
* All writers testify to the intermarrying between the French and Indians, but I have
been surprised at the infrequency of the occurrence of marriage contracts between repre-
sentatives of the two races among their records. This may be due to the fact that contracts
on such occasions were not used. I am inclined to believe, however, that the frequency
of such marriages has been somewhat exaggerated by the travelers.
xviii IIJJNOIS HISTORICAL COLLECTIONS
also cunning and treacherous. At their best the voyageurs and
coureurs de bois could be seen laboriously pulling their flat boats
laden with produce up the rivers or gliding in their canoes on the
wood-girt streams and ponds in pursuit of game. In such labors
they were merry, patient, and industrious; as a rule they were
faithful in the performance of their engagements and were warm
in their friendships, but to their enemies revengeful and ready
to take the meanest advantage. Yet their life amidst the dangers
of the forest did not develop in them physical courage, for in the
presence of an unexpected attack from Indians or others they
were generally timid and resourceless.^ Without doubt many
individual examples of pluck and bravery might be enumerated ;
but in comparison with the American frontiersmen the French
voyageurs and coureurs de bois exhibited little boldness and initia-
tive in action. Returned to the settlement they were careless
and pleasure loving, dissipating their energies in drinking, gam-
bling, and gossiping; and, as irresponsible as children, they
were easily turned aside from the pursuit of their real interests.
It can be readily understood that to the men who followed the
wilderness trace or tracked the wild beasts in the dark forest,
agriculture and the mechanic arts would offer little or no attrac-
tion ; but even in the pursuit of their calling one looks in vain for
a sign of the enterprising spirit of the Anglo-Saxon.
Although priests and governors made loud complaint of the dis-
orderliness of these habitants, yet their pleasures and vices were
of a far milder type than those of their counterparts, the Ameri-
can backwoodsmen. The French always retained a respect
for law and constituted authority and preferred to be guided
rather than to lead. The expression of their individualism was
checked in the presence of officials, for government meant to them
authority with a divine right to rule. In all their dealings, busi-
ness and social, they never neglected to call in the assistance of
notary or judge, whose legal papers they preserved, as their
records show, with the greatest care and reverence. In their
1 This is abundantly proved by the following pages. Such is also the testimony of the
fur traders of the far West, who employed the descendants of these French as voyageurs and
hunters. Chittenden, American Fur Trade, i. 57.
INTRODUCTION xix
petty quarrels with each other the Frenchmen saw no disgrace in
seeking from the court a "reparation of honor" instead of ending
them with the brutal fights common among the Americans.
Though given to drinking and gambling, the dance was their
favorite amusement, and to the weekly frolic came the men and
matrons, the young men and maidens ; and even the priest graced
these festive gatherings. Here all danced until the small hours
of the night or even to daybreak with no appearance of rowdy-
ism or vulgarity to mar their simple festivities.*
It is due to the remembrance of this lower class, the habitants,
that travelers, both French and English, have condemned in
such unmeasured terms the Illinois French settlers ; but the pic-
ture of the village society would be incomplete if limited to a
description of the coureurs de hois and voyageurs; for it was
never wholly vulgarized and depraved, owing to the presence
here of many persons from the better classes of France and
Canada — the gentry, Clark called them — who, accustomed
to greater refinements of life than those of the log cabin,
endeavored to surround themselves with such little elegancies
as might be brought from Canada or elsewhere. Some of the
residents could claim nobility of birth. The acting commandant
in 1778 was son of the seigniorial lord of Savoumon, the sieur de
Rocheblave. Timothe Boucher, who a few years later held a
similar position, was the sieur de Monbreun,^ a grandson of
Pierre Boucher several times governor of Three Rivers, who was
ennobled for his services in 1660. Among the gentry, which was
a rather elastic term, were also many well-to-do men, who had
risen to prominence in the Illinois or else possessed some patri-
mony, before migrating to the West, which they had increased by
trade. Such was Jean Bte. Barbau of Prairie du Rocher, the
members of the Bauvais ' and Charleville families of Kaskaskia
1 Reynolds, My Own Times, ch. xii.
2 For an account of his place in Illinois history, see post, p. cxxiv. The name is spelled in
Canada Montbrun, but this member always wrote it as given above, except in one place,
which I have noticed, when he placed after it a superior t.
3 Reference to the family will be found at various places in the Introduction see pp.xx..
n. 5, li., n. 3, cvii., cxvi., cxxxv. The members of the family alwaj^ wrote the name as spelled
above. They commonly used their second name in preference to their surname St. Gemme.
XX ILLINOIS HISTORICAL COLLECTIONS
and their neighbors and friends, the Viviats, the Lachances, and
the Janis ; and at Cahokia, the Sauciers, Francois Trottier, Antoine
Girardin, and J. B. H. LaCroix.^ Next to the acting commandant
the most important individual of the American Bottom was
Gabriel Cerre, who had acquired his wealth in the fur trade.
He was well educated and had correspondents in Canada and
elsewhere.^ Among the rising young men must be reckoned
Charles Gratiot, who had established himself at Cahokia in 1777
and was associated in business with three Canadian merchants.
He had had an excellent education, spoke several languages, was
something of a dandy in dress, and had by his address won for
himself a place of influence in the community.^ These were the
men and others like them to whom Sir William Johnson, the
British Indian commissioner referred, when he wrote that the
French traders were gentlemen in character, manners, and dress,
and "men of abilities, influence, and address."*
These members of the gentry lived far more elegantly than
the American backwoodsmen and were their superiors in culture.
Their houses were commodious and their life was made easy for
themselves and families by a large retinue of slaves. ^ They were
in social life pleasant, their hospitality was proverbial, and their
courtesy to strangers constant. They evidently maintained the
distinction between themselves and the poorer and more ignorant
classes, so that the democracy of the American frontier was not
established among them. Thus was added to the French settle-
ments an element of refinement and elegance, however simple,
1 For these Cahokians see the foot-notes on pp. 624 et seq.
2 Gabriel Cerre was born at Montreal, August 12, 1734- As early as 1755 he was estab-
lished at Kaskaskia, where he married in 1764 Catherine Giard. His activities at the time
of the coming of Clark are told in the succeeding pages. He did not find it best for his busi-
ness interests to remain among the Virginians and by June 17, 1779, had made his preparations
for his removal to St. Louis by purchasing a lot in that village. The date he left Kaskaskia
is not known, but was probably before the end of 1779. He became one of the most influen-
tial citizens of St. Louis and died April 4, 1805. Douglas, "Jean Gabriel Cerre, A Sketch,"
in Transactions of III. Hist. Soc, 1903.
3 See note on p. 4, n. 2. 1 have to thank Mr. Pierre Chouteau of St. Louis for the loan of
Journal A of the trading company of David McCrae, John Kay, Pierre Barthe, and Charles
Gratiot. The first entry is dated at Cahokia, August 6, 1778. The journal was written by
Gratiot.
*N. y. Col. Doc, vii., 965.
5 A member of the Bauvais family owned eighty .slaves. Pittman, Miss. Settlements, ed.
Hodder, 85.
INTRODUCTION xxi
which was always lacking in the more virile, if less romantic,
commimities of the American pioneers.^
Except for the wildness of the surrounding uncleared land
and the luxuriance of the growth of vegetation, these villages copied
in their external appearance and internal life the similar com-
munities of France in the eighteenth century. Just as the English
settlers on the seaboard brought with them their English house-
hold goods and their English institutions, and planted them by
the streams and hills of New England, so these French of the
Mississippi valley transplanted from the heart of France their
homes with their utensils and ornaments and the village com-
munity in which they and their ancestors had lived.
All the houses were of one story with a broad veranda on one
or more sides. The less pretentious ones were built of upright
beams set in horizontals at top and bottom with the interstices
between the beams filled with what was called "cat and clay",
a composition of clay and finely cut straw or moss. At one
side, and sometimes two, there was a large chimney for the
spacious fireplace of the living room and kitchen.^ The better
houses were of stone and with their sheds, bams, and slave quar-
ters gave evidence of prosperity and wealth. Around each
1 Very severe judgments have been passed upon the French on the Mississippi and Wa-
bash rivers by many writers. Among these the most important have been the British officers
and the later French travelers. The first class has always been noted for its incapacity to
appreciate the good characteristics of a civiUzation different from its own, and the French
travelers, such as Michaud and CoUot, visited the region after the events narrated in this
Introduction had driven the more progressive men from the eastern bank to swell the Spanish
villages. Therefore it has seemed necessary to supplement their accounts from other sources.
In writing the description of these people I have first of all had in mind the record of their
acts contained in this volume. The picture formed in the mind after reading these records
is not that of the most "debased, ignorant, and superstitious of humanity", but rather the
reverse. These facts should in part offset the strictures of Fraser and Croghan, as should
also the letter of Sir William Johnson quoted above. At their best the French of Illinois
were not dissimilar from those on the Spanish bank, so that the description of Ste. Gene-
vieve by Brackenridge is correct enough for Illinois. Any knowledge of the conditions in
Canada may be used cautiously also. We have two attempts to form judgments of these
French, coming from men of different character. The first is by C. F. Volney, who visited
the region in 1796 and the other by Edmund Flagg whose visit was made in 1836. The
testimony of Governor Reynolds may also be admitted, since he lived among them and knew
them well. Fraser, Report, from a copy in the pubhc library of Champaign, 111.; Croghan,
Journals, in Thwaites, Early Western Travels, i., 152; Letter of Sir WiUiam Johnson inN . Y .
Col. Doc, vii., 965; Volney, View of the U. S., 370 et seq.; Michaud Travels, in Early West-
ern Travels, iii., 70; Brackenridge, Recollections, 19 et seq.; Smith, St. Clair Papers, ii.,
137. CoUot, Voyage da:is U Amerique, i., 318; Flagg, Far West, in Thwaites Early West-
ern Travels, xxvii., 52 e< seq. An excellent description of the French-Canadians of the period
may be found in Coffin, The Province 0} Quebec and the Early American Revolution, 282 et
seq.; see also Franz, Die Kolonisation des Mississippitales, 382.
2 See illustration of a typical house of this character, p. 284. Descriptions of such houses
may be found in Monette, Hist, of the Valley of the Miss., i., 183 and Volney, View of the
U. S., 368.
k
xxii ILLINOIS HISTORICAL COLLECTIONS
dwelling was a small yard enclosed by a picket fence, within
which enclosure were the orchard and the kitchen and flower
gardens. The whole presented an attractive picture of quiet
and peaceful home life. Within the house everything was gener-
ally home made, although some of the more wealthy brought
their furniture from Canada. The poorer houses appeared
shabby and badly kept, for the French women were careless
housekeepers, and rather extravagant and wasteful. At least such
was the opinion of the American settlers who lived among
them.^ «
On account of the social character of the people, the isolated
farm house was uncommon in the bottom and the village com-
munity was the rule. The streets were narrow and the houses were
placed close to the edge of the lots, almost on the street-line. The
farm land lay outside the village in two large fields, one the com-
mon field and the other the commons. The common field was
divided into long narrow strips, ten to forty perches in width and
extending from the river to the bluffs ; these the inhabitants culti-
vated. The commons was the wood and pasture land belonging
to the community,^ and was separated from the cultivated fields
by a fence, which was erected by the proprietors, each being
responsible for that part crossing his land. The community had
the right to make concessions from the commons and add them
to the common field for new arrivals and for newly formed fami-
1 Volney, A Vieio of the U. S., 373 et seq.
2 The statement is true enough for the period under consideration. This is not the
place for a discussion of the history of French land tenure in America, for the origin of the
system must be sought in the period of the French regime and the final settlement of the
questions arising out of it in the years after the United States took control, so that the dis-
cussion of the land tenure will naturally come within the scope of some future volume. How-
ever, a few words on the subject may be of value in explaining the situation. The land
acquired from the Indians for the purpose of colonization was regarded as belonging to the
king's dornain, after the company of the Indies resigned the government of it. This domain
land was disposed of in two ways. ist. Large tracts might be granted to individuals as seignio-
ries. The character of the title given was that of the franc alien, which in the eighteenth cen-
tury did not differ essentially from the benefice. These large seigniories were divided by the
proprietors into smaller tracts and granted to the habitants as censive holdings, which paid
the grantor a perpetual rent of a sou an acre, were subject tq the banalities, and escheated to
the seignior in case no heirs were found. 2nd. The king might retain the control of the land
himself and grant it out himself in censive holdings, as he did at Kaskaskia and Nouvelle
Chartres. The land cultivated by the people of Cahokia belonged to the seigniory of the
Seminary of Foreign Missions; St. Philippe was a seigniory belonging to the Regnaults and
Prairie du Rocher had been originally conceded to Boisbriant, but had been passed on by
him to Langlois. In the bottom there were also many smaller concessions in franc alleu and
under the British many more were made by one of the commandants. VioUet, Histoire
du droit fran^ais, 746 et seq.; Archives Colotiiales a Paris, Set. B., \o\. 43, p. 789; Breese,
Early Htst. of Illinois, Appendix E.; Franz, Die Kolonisg^iow, des Mississippitales, 201.
INTRODUCTION xxiii
lies.^ This method of laying out the fields and this kind of land
tenure were transplanted from France, where they had been
developed through centuries; for when the French people found
themselves in places where land was plentiful, the power of tradi-
tion prevented a readjustment of their ideas in regard to landhold-
ings' and agriculture. Hence they brought with them the mark
system and tenure, with the whole machinery for the adminis-
tration of the village land as they knew it in France. The time
for plowing, sowing, and harvesting was regulated by the assembly
of the inhabitants, as well as all other questions affecting their
common property and common interests. The officer elected
to supervise the execution of the laws of the commons and the
decisions of the assembly was the syndic, of whose presence in the
villages on the Mississippi during the eighteenth century there
still exists proof. The assemblies of the villagers, which copied
the French custom in this particular as in all others, were held
before the church door after mass and were attended by all
males of military age. ^
The Illinois French were not an agricultural people, although
they did send down some grain and cattle to New Orleans.^
For this reason they made no progress in the art of agriculture
and continued to till their fields in the same way and with the
same kind of implements as had their fathers for generations
before them. The profits and the adventurous life of the fur-
trader exercised for them such a fascination as to prevent their
pursuit of a calling which would have given them a firmer
hold upon the soil and might have preserved them from many of
the misfortunes which finally overcame them. For the same reason
they never speculated in land or attempted to gain possession of
large holdings. In later years, when they in a way controlled
their own destiny, they tried to protect themselves from the
1 Babeau, Le villege sous Vancien regime, passim; Flagg, Far West, in Thwaites, Early
Western Travels, xxvii., 45 et seq.
2 Babeau, Les assemblies generales des communautes d' habitants; Babeau, Le milage
sous Vancien regime, passim.
3 When compared with the Americans, this is true; but the Illinois French raised grain
and vegetables to a greater extent than has generally been admitted, and their exportation of
grain to New Orleans was an important item in the Mississippi trade. Franz, Du Kolonisa-
tion des MississippUales, 251.
xxiv ILLINOIS HISTORICAL COLLECTIONS
American land-traders; but the contest was too unequal and,
since their own hold on the land was so weak, they were forced to
bow to fate and to see themselves supplanted by the Americans,
who were builders of more permanent homes.
The most conspicuous buildings in the villages were the
churches. The Cahokia church, however, was in ruins in 1778 and
was rebuilt in the next few years; but at Kaskaskia there was
"si huge old pile, extremely awkward and ungainly, with its
projecting eaves, its walls of hewn timber perpendicularly planted,
and the interstices stuffed with mortar, with its quaint old-fash-
ioned spire, and its dark, storm-beaten casements." Here the
Kaskaskians had worshipped for two generations.^ The people
were for the most part very devoted to their religion, and the
priests exercised great influence over them. Their attachment
was due more to traditional allegiance, however, than to per-
sonal conviction. The wild life of the wilderness had not been
without its effect, and the lack of proper supervision had resulted
in religious recklessness; yet however debauched and irreligious
their lives, the coureurs de hois and voyageurs were easily brought
by a vigorous priest to acknowledge their dependence on the
church. At the moment of death they always sought the consola-
tions of religion and left by will money for the saying of masses
for the dead. There appears, therefore, to have been no rebel-
lion against the church. In one individual case only is there
any evidence that the radical thought of France had penetrated to
Illinois.^
In the management of the church property the villagers were
associated with the priest through the vestrymen, whom they
elected for this purpose from the most prominent men of the
communities. Social life centered in the church, as it did in the
Puritan New England village, and the people looked forward to
the church processions and festivals as important events in their
1 Shea, Archbishop Carroll, passim; Flagg, 7'he Far West, in Thwaites, Western Tra-
vels, xxvii., 62.
2 Louis Viviat requests in his will that no pomp and ceremony mark his buriai and
that no payment be made for masses for the dead, since the deity is not mercenary nor is
heaven to be bought. Kas. Rec, Court Record.
INTRODUCTION xxv
monotonous village life. It was also at the church door that the
assemblies of the people met, that the auction of property was
held ; and it was after the church service that the Sunday dance
took place.^
In 1778 the priest in charge of the Illinois parishes was Father
Pierre Gibault, who with some interruptions had been serving
the parishes on the Mississippi and Wabash since 1768. He was
cur^ of the parish of the Immaculate Conception of Kaskaskia and
vicar general of the bishop of Quebec. Father Gibault came
from a good Canadian family. He was enthusiastic in his
work, and appears to have maintained order in the parishes,
which had been long neglected or served only by Father Meurin
who had found himself too old and feeble to perform his
arduous duties successfully. Father Gibault during the years of
his residence had gained a great influence over the people of
the region, which he used at a critical moment to change
their destiny.^
The territory of Illinois had been ceded by France to England
by the Treaty of Paris in 1763 and two years later British troops
had occupied the coimtry. The policy of the British government
was very vacillating in regard to the Northwest Territory, and
particularly as to the French villages. It is quite evident that
there was no purpose of opening the region up for settlement,
and there was serious thought of removing the French from
their villages to Canada.^ For this reason the government of
England was unwilling to establish a permanent civil organiza-
tion in spite of the efforts of the French inhabitants and the
American traders and land speculators, so that the government
remained to the end military. Until 1774 the whole Northwest
was subject to the commander of the British forces in America
with headquarters at New York, and the relations of the West
were closest with the seaboard colonies. In that year, however, by
the passage of the Quebec Act the country was joined to Canada
* Babeau, Le village sous Vancien regime, passim.
^ Shea,, Archbishop CarroW, consult Index; Dunn, Father Gibault, in Transactions of
the 111. State Hist. Soc, for 1905.
' Gage to Hillsborough, March 4, 1772, Spark's Collection, Harvard lib.
xxvi ILLINOIS HISTORICAL COLLECTIONS
and steps were taken to provide a civil government for it; but
this was prevented by the outbreak of the Revolutionary
War.
In the spring of 1776 the military force, which had been
maintained in the Illinois was removed, and the commandant in
charge appointed as British agent Philippe de Rastel, Chevalier
de Rocheblave. The choice was a wise one. Rocheblave had
had a long and varied experience in the West, had served as an
officer in the French army during the French and Indian War,
and at the conclusion of peace had taken refuge, as did many
other Frenchmen, under the Spanish flag. He was entrusted
with the government of Ste. Genevieve, but having become
involved in legal difficulties with the Spanish officials, he
returned to the British bank. The exact date of his return is
uncertain, but the proceedings against him in the Spanish court
occurred in October, 1773, so that he could have been at longest
a little over two years in British Illinois, when he received his
appointment to look after the British interests in the western
country. In his various undertakings he had proved himself
bold and resourceful, avaricious and not too scrupulous in his
methods, and by nature suspicious. He knew well the nature of
the French inhabitants, and had a dislike and deep-seated suspi-
cion of the Spaniards. His ambition was such as to lead him to
give his best service to his employers, and they in turn had confi-
dence in his abilities and willingness to serve them. On August
13, 1777, Carleton wrote that "his abilities and knowledge of that
part of the country recommended him to me as a fit person."^
Hamilton says of him, "I shall in my correspondence with Mr.
de Rocheblave keep alive the hopes of his being Governor of New
Orleans — a more active and intelligent Person is not to be found
in This Country of ignorant Bigots, and busy rebels, and had
he the means I doubt not of his curbing their insolence and
disaffection."- The intimation in Hamilton's letter was cor-
rect enough; for, although the inhabitants treated Roche-
1 Mason, Rocheblave Papers, in Chi. Hist. Soc.'s Collections, iv., 395.
^ Can. Archives, Q., 14, p. 74.
Z&'tS.^^*^^'^*'*'-^;^;— ^
Philippe Fran9ois de Rastel, Chevalier de
Rocheblave, Acting Commander and
Judge in the Illinois, 1 776-1 778.
From a photograph of a miniature, in the State
Historical Library of Wisconsin.
INTRODUCTION xxvii
blave as commandant and judge, his powers as agent were
too limited and the money allowed him insufficient to enable
him to accomplish what he saw was necessary for the British
cause. Time and again he was informed that he could only
draw for his salary and that his expenses were to be met
by the sums which the commandant at Vincennes could allow
him.^
By what law other officials were exercising civil powers in the
Illinois does not appear from the records, but the existence of
such is proved from their acts. There were at Cahokia, St.
Philippe, Kaskaskia, and Prairie du Rocher officers styling them-
selves judges, who put in execution the decrees of the comman-
dant. Since at the same time these judges were captains of the
militia, it is probable that the French official with similar duties
was retained by the British officers. Besides this judge or captain
there were a sergeant and a notary in each of the districts of Caho-
kia and Kaskaskia.^
The foregoing description of conditions in British Illinois would
be far from complete without an account of one very important
element of the society. No sooner had the news gone forth that the
land to the north of the Ohio River had been ceded to England by
the French than the merchants of the seaboard colonies began to
compete for the fur-trade of the region in a way that had been
impossible hitherto. Up to this time the principal trade in the
Illinois had been conducted by Canadian and Louisiana mer-
chants, the English colonists having found their way north of the
Ohio only just previous to the outbreak of the last war. But now
the opportunity was opened to the eastern merchants and they
eagerly seized upon it, thus bringing on a commercial war for
the trade of the Ohio and the Mississippi. In this the mer-
chants of the English colonies had one decided advantage, since,
they could deliver goods at the villages of the Illinois cheaper than
1 The most important documents in the Haldimand Collection concerning Rocheblave
have been printed by Mason in Chi. Hist. Soc's Col. iv. Others have been published in
Mich. Pioneer and Hist. Col. vols, iii., v., vii., and ix.
2 The subject of the British administration is now under investigation and in the course
of time something definite will be said about it. For the above facts I have drawn on the
Kas. Rec.
xxviii ILLINOIS HISTORICAL COLLECTIONS
the same could be purchased and brought by way of the lakes
and the Wabash or up the Mississippi.^
The British soldiers were hardly established in Fort de Char-
tres before the merchants who made their starting place Fort
Pitt had arrived. Among the first was one who was to exercise
great influence on the development of the Illinois, George Mor-
gan, who like the majority of traders from the East came from
Philadelphia. He had been educated at Princeton and had then
entered the firm of the Bayntons, which became better known
in the West under its later name of Baynton, Wharton & Morgan.^
Although young, by his enthusiasm he had persuaded his part-
ners to embark on western trade and land speculation, and they
established branch stores at Kaskaskia, Cahokia, and Vincennes.
Other firms also entered into competition, such as the firm of
Franks & Company of London and Philadelphia, whose repre-
sentative, William Murray, was a little later than Morgan in
reaching the Illinois. About the same time an Englishman,
who claimed Manchac in Mississippi as his home, established
the firm of Bentley & Company. These and other companies
brought with them many agents, clerks, and hunters, so that the
list of names of men of English speech in the region became a
long one. In 1768 Morgan writes that there were sixty English-
men in a militia company which had been formed. Among them
were many names which will be mentioned in the following pages.
John Henson was the representative of Baynton, Wharton &
Morgan at Cahokia, Richard Winston set up in business for him-
self in partnership with Patrick Kennedy, and the firm became
later the representative of Morgan's interests at Kaskaskia;
Richard Bacon served Morgan in his farming enterprise; others,
1 Fraser's Report, MS. copy in public library of Champaign, III.; Smith, St. Clair
Papers, ii., 175; Letter-Book of George Morgan, 1767-1768. This last belongs to Mr. A. S.
M. Morgan of Pittsburgh, Pa., who kindly loaned it to me. A copy may be found in the
111. State Hist. Library. See also Franz, Die Kolonisation des Mississippitales, 268 et scq.
The cost of transportation up the Mississippi was, however, cheaper. CoUot, Voyage dans
L'Amerique, ii., 263. Lieutentant Hutchins in an enclosuse in a letter of General Gage's,
October it, 1771, and Captain Forbes in an undated letter affirm the contrary to the state-
ment in the text; but Colonel Wilkins disagrees with them and confirms the experience of
the trader, George Morgan. The letters are found in the Bancroft Collection of MSS.,
Lennox Library, N. Y.
2. Letter-Book of George Morgan; Julia Morgan Harding, Colonel George Morgan, a
paper read before the Washington (Pa.) Co. Hist. Soc. and printed in the Washington
Observer, May 21, 1904.
INTRODUCTION xxix
either men attached to one of the firms or independent traders, were
Daniel Murray, brother of WiUiam, James Rumsey, Thomas
Collins, Thomas Brady, and Richard McCarty. In the first
years of the British rule it looked as if the Ohio River would
become the great trade route of the region and supplant the
older and, with the French, more popular waterways to New
Orleans and Canada.^ Even the British government seems to
have approved at first this attempt to turn aside the trade
from its older channels, for in 1769 the colonial governments
were empowered to appoint officers to superintend the Indian
trade, and Fort Pitt and the Illinois were assigned to Pennsyl-
vania.^ Thus the Indians north of the Ohio became accustomed
to Fort Pitt as the seat of authority in matters in which they were
vitally interested.
The fur- trade was not the only inducement to draw the Ameri-
can colonists to the banks of the Mississippi, for from the first the
opportunity to speculate in lands was a rival attraction. Land
traders were early interested in the territory at the head-waters
of the Ohio and soon foimd their way down the river. In this
movement some of the most prominent men in America were
interested, such as George Washington, Lord Dunmore, and the
Franklins, father and son. The Illinois lands offered equal
attractions and early became an object of speculation, in spite
of the Edict of 1763 prohibiting settlements in the region. It
is impossible to enter into the complicated questions connected
with the attempt to open up Illinois by making it a new colony.^
It is sufficient to know that many prominent men were con-
nected with all such schemes, and that while William Franklin,
Sir William Johnson, Samuel Wharton, and others were seeking
for a charter for the Illinois colony and Benjamin Franklin was
employing his powers to persuade the British government to grant
the same, there was formed in March, 1766, a company for the
1 The evidence for this is found in the Letter-Book of George Morgan and the Kas. Rec;
see also Moses, Court of Inquiry, Chi. Hist. Soc's Col., iv.
2 N. Y. State Library Bulletin No. 58, Cal. of Council Minutes, letter of General Gage,
March 29, 1769.
3 See Alden, New Governments west of the Alleghanies before 1780.
XXX ILLINOIS HISTORICAL COLLECTIONS
purchase of land near the French villages, of which George
Morgan was the representative in the Illinois. Although several
strips of land were bought, nothing of any moment was accom-
plished by this company.^ However, another known as the Illi-
nois Land Company, most of the members of which were Phila-
delphians, acquired in 1773 through its representative, William
Murray, two large tracts, one situated on the Illinois River and
the other south of Kaskaskia on the Ohio. Two years later, the
Wabash Land Company, the members of which lived for the
most part in Maryland, purchased through its representative,
the Kaskaskian Louis Viviat, an associate of Murray, two
tracts on the Wabash, one above and the other 'below Vincennes.
Since both purchases were made from the Indians and contrary
to the Edict of 1763, they were not allowed by the British govern-
ment and were annulled by General Gage.^ When the American
Revolution broke out, most of the purchasers sided with the
colonists and looked to the success of their cause to further the
enterprise in the West.
Although there was at times considerable complaint against
the British commandants by the merchants and land-traders, these
were generally favored more than the French inhabitants or the
Canadians, imtil the passage of the Quebec Act in 1774, which
united the Illinois territory with the province of Quebec and
annulled any special favors and privileges which the merchants
from the East may have enjoyed. This act and the canceling of
the land purchases, which proved the intention of the British
government to carry out the principles enunciated in the
Edict of 1763, were discouraging to the enterprises of the repre-
1 The purchases of several pieces of land and the grants of others by Colonel Wilkins,
commandant, were recorded in the record-book of the district. (Kas. Rec.) The agreement
creating the land company is in the library of the Hist. Soc. of Pennsylvania. The original
members were William Franklin, Sir William Johnson, George Croghan, John Baynton,
Samuel Wharton, George Morgan, Joseph Wharton, Joseph Wharton, Jr., John Hughes, and
Joseph Galloway. The firm of Baynton, Wharton & Morgan received a concession of a
large tract of land in the American Bottom from Colonel Wilkins in 1 769 . This claim passed
into the hands of John Edgar, was confirmed by Governor St. Clair, but was rejected by the
land commissioners of the U.S. Amer. State Pap., Pub. Lands, ii., 206.
2 The best account of the Illinois and the Wabash Land companies is contained in a
pamphlet published in Philadelphia in 1796 with the title, Account of the Proceedings of the
Illinois and Ouabache Land companies. Other memorials were printed in later years, some
of which may be found in Amer. State Pap., Pub. Lands, vols, i and ii, the longest in vol. ii.,
108 et seq. For the later history of the two companies see post p. Ixx.
INTRODUCTION xxxi
sentatives of the Eastern colonies, and from that date their number
in the Illinois began to decline and trade turned back to the
older channels. The next men of English speech to compete
with the Spanish and French merchants for this western trade
were representatives of the new British Canadian houses which
sprang up after Canada was ceded to Great Britain. When it
is remembered that the persons back of this attempt to capture
for the East the trade of the old Northwest and to exploit that
territory through their colonizing schemes were some of the most
important merchants and professional men in the seaboard colonies,
one cause of the opposition among the Easterners to the Quebec
Act is easily understood.^
The entrance of the American colonists into the Illinois had
two results, one immediate and the other more remote. The
trade had brought into the French villages several men of English
speech, who for one cause or another determined to remain ; and
their presence made possible continual correspondence between
the West and the colonial revolutionists; and at the same time
they prepared the minds of the French to receive any company
of American soldiers who might undertake the conquest of the
country. The second result was apparent only later. The men
who had been foiled in their attempt to secure the trade of the
old Northwest and to acquire its land for colonization were not
willing to accept the decision of the Quebec Act as final, and
were prepared to renew the attempt at the first opportunity with
the chance of greater success.
Rocheblave had been appointed agent for the British a year
after the outbreak of the American Revolution, and from the first
he had trouble with the Americans who remained m the villages
and who generally sympathized with the cause of independence.
1 For a discussion of the Quebec Act see Coffin, The Province of Quebec and the Early
American Revolution. The decreased number of Americans from the eastern colonies is
proved by a careful study of the names appearing in the records. Some of the more impor-
tant men are known to have left. Morgan left before 1774. probably in 1770, but his firm
still continued to conduct business in the IlUnois until about i774- William Murray left
the country in 1776; James Rumsey must have left shortly before. The Canadian mer-
chants began to appear in 1777, at least that is the date of the first appearance of a repre-
sentative of any of the new Scotch firms of Canada which in time controlled the western fur-
trade. After the close of the American Revolution they came in great numbers. See post
p. cjdvii.; J. Bte. Perrault's Narrative, in Schoolcraft, Indian Antiquities, pt. 3.
xxxu ILLINOIS HISTORICAL COLLECTIONS
It is difficult to decide to-day where justice lay in the con-
stant disputes between the two parties, for the endless recrimi-
nations which they hurled at each other were surcharged with
personal hatred and irreconcilable hostility.
The first cause of dispute grew out of the trade with the Indians.
Every government in the West has been forced sooner or later to
attempt to regulate the sale of liquor to the natives, since one of
the chief dangers to the small frontier community comes from in-
toxicated savages. Since Rocheblave was without authority, he
was obliged to use other means than prohibition to regulate this
dangerous trade ; and no better method could have been devised
than that he used. In a community practically without govern-
ment like that of the Illinois, public opinion alone could be called
into play to prevent an evil which endangered the lives of all alike.
One of the first acts of Rocheblave was to call an assembly of the
inhabitants on April 17, 1776, to discuss among other matters,
all questions concerning their relations with the Indians. It
was decided that, since some savages made war on the English
and some on the French and since both realized that they were
under one government and were all brothers and must hold
together, the assembly of the inhabitants should regulate the trade
with the savages from time to time. The people also agreed on
their honor not to give to the Indians any intoxicating liquor, and
to assemble under arms when the commandant gave the signal.
At the same assembly it was determined that, if any one
refused to pay just debts, the inhabitants would give their assis-
tance to the government to enforce such payment. The agree-
ment was signed by all the prominent Frenchmen of the villages,
but by only one Englishman, Daniel Murray.^ Later this agree-
ment was made the subject of reproach against Rocheblave by
one of the English merchants, Bentley, who was most bitterly
opposed to the acting commandant. If Rocheblave's charges
are to be believed, Bentley and his associates were the chief offen-
ders in the sale of liquor to the Indians.^
1 Kas. Rec. Court Record, p. 82.
2 Bentley made similar charges against Rocheblave and accused him of injus-
tice and tyranny. Rocheblave presented his case before a court, composed of the militia
INTRODUCTION xxxiii
It was not the liquor traffic, however, which caused the greatest
difficulties between the British agent, and the English-speakmg
inhabitants of the Illinois. On account of the war for indepen-
dence carried on by the seaboard colonies against the mother
country, the western territory became the center of many activi-
ties directed against England, of which Rocheblave kept him-
self well informed, but against which he was able to do little on
account of the apathy of the British government. Across the
river lay the Spanish posts, which, since the appointment of
Galvez as governor of Spanish Louisiana, had become the seat
of intrigues against England ; for the Spanish officials of America
were rather quicker in perceiving the advantages which might
be gained by Spain from the rupture between England and her
colonies than was the home government, and they committed
many overt acts against England before actual war was declared
by Spain. From St. Louis and New Orleans the Americans re-
ceived very substantial aid. At the 'latter city was Oliver Pol-
lock, who was the American agent and was on the best of terms
with the governor. From Fort Pitt boats were sent to New
Orleans for supplies of all kinds and these boats were even har-
bored in St. Louis, opposite the British Illinois.^
The English-speaking merchants of Kaskaskia participated
in these acts against England and maintained their intercourse
with the eastern leaders in spite of the watchfulness of Rocheblave.
Bentley and others traded almost openly with the rebels. When
William Linn went to New Orleans to obtain powder and other
supplies for the Americans, Bentley met him on the Ohio River
and sold him powder. It was also known that he sent a boat
to Kentucky for the same purpose. ^ The chief representative
captains of Kaskaskia, Prairie du Rocher and St. Philippe, which heard evidence on all the
charges brought against the acting commandant by Bentley and acquitted him on every
count. The known duplicity of Bentley at a later period makes his testimony more than
doubtful. Kas. Rec. Court Record, fol. loo et seq.; Mich. Pio. and Hist. Col. xix., 324; III.
Hist. Col., {., 295.
1 Winsor, The Westward Movement, 108; Gayarr6, Hist, of Louisiana, iii., 109; Roche-
blave to Hamilton, May 8, 1777, enclosed in Can. Archives, Q., 14, p. 51; Rocheblave to
Haldimand, November 9, 1780, Ibid, B., 122, p. 545; letter of Rocheblave, February 28,
1778, Ibid, Q., IS, p. 196; Mason, Rocheblave Papers, in Chi. Hist. Soc.'s Collection, iv.,
389, 393, 402, 407; Morgan to George Clymer, March 2, 1778, Papers of Old Cong., xv., 317.
3 In the court appointed by Rocheblave to investigate charges against himself made
by Bentley, several Americans and Frenchmen, who were lukewarm in their support of the
xxxiv ILLINOIS HISTORICAL COLLECTIONS
of the American cause in the West was George Morgan, who in
1776 was appointed agent under the commissioners for Indian
affairs in the middle department and made his headquarters
at Fort Pitt.^ His intimate knowledge of the West and his many
friends among the French and Indians made his selection a wise
one; and he was able to make some opposition to the activities
of Hamilton, the lieutenant-governor of Detroit. Morgan main-
tained his relations with his agents in Kaskaskia, Winston and
Kennedy, and with other correspondents at Detroit and elsewhere.^
In a letter written in July, 1776, he says: "I am now here on
Public Business for the United Colonies. I want to know the
exact situation of affairs at the Illinois & what Quantity of flour
& beef you could furnish a company or two of men with at Kas-
kaskia the 25th of next December. This I will depend on you
for by the return of Silver Heels who ought to be at Pittsburg as
early in September as possible as there is a great treaty to be held
in that month with all the western Nations. If one of you
could come along with him it may be much to your advantage, but
you should be very secret with respect to your Business." There
follows an order for horses and the letter ends with a repetition
of his request that one of the partners meet him in Pittsburg.^
It is difficult to determine whether the letter is more than a busi-
ness letter or not. The company of men may refer to some
commercial enterprise that was contemplated; but Congress
had determined in the previous April to send an expedition
against Detroit and there may have been in the writer's plans a
similar one against the Illinois.'*
commandant, testified concerning the intercourse between the East and the Illinois. (Kas.
Rec, Court Record) Bentley's defense may be found in the documents from the Handimand
Collections printed in Mich. Pio. and Hist. Col. xix., 321 et seq. and ///. Hist. Col., i., 295 et
seq. For Linn's expedition see Hall, Romance of the West.
^ Winsor, Westward Movement, go.
2 In a letter from Rocheblave to Hamilton, May 8, 1777, occurs the following: "It has
occurred to me to tell you that the spy, named Elliot, whom you have had arrested at De-
troit, was the bearer of a letter from George Morgan, commissioner for Congress and general
director of the undertakings which are made from Fort Pitt against here, to Richard Winston,
a very zealous partisan of the same cause." (Letter enclosed in Can. Archives, Q., vol. 14, p.
74. See also letter quoted below.) There are scattered references to Morgan in the Kas.
Rec. Very late in my investigations I learned that there were three letter-books of George
Morgan in the Carnegie Ubrary of Pittsburg, Pa. I made every eflFort to have search made
in them for material, which would throw light on Morgan's activities in the West. Through
the fault of no one, but rather on account of the shortness of the time, I was unsuccessful.
^ Can. Archives, B., 185, pt. 2, p. 549.
* Journal of Cont. Cong., Lib. of Cong, ed., iv., 318.
INTRODUCTION xxxv
Whatever Morgan's plans may have been, there can be no
doubt about the behef of the English-speaking traders in the
Illinois ; for they were expecting that he would soon bring about
such an expedition. They talked of this openly among themselves
and spoke of the power of the colonies to the French, to whom
they pointed out the advantages of a change of alliance. When
William Murray left Kaskaskia in the year 1776, he instructed
his brother Daniel to furnish any American troops, who might
come, with the supplies they should need ; and later he sent word
from New Orleans by Colonel George Gibson, to the same
effect; instructions which Daniel carried out, when George
Rogers Clark arrived in 1778. On June 7, 1778, Richard Mc-
Carty of Cahokia wrote to John Askins of Michillimackinac :
" It is said that Morgan was to be here with 600 men last winter,
but very likely he has something else to do."^
In the midst of these intrigues Rocheblave was not strong
enough to do more than to memorialize the government at Quebec.
Even when he had proved against Bentley the charge of selling
goods to the colonies, he did not dare to arrest him in Kas-
kaskia,^ for although at the beginning of his administration he
had been able to unite all the French in his support, there had
developed two parties, one of which showed signs of opposing
him. The American merchants had not lived so many years in
the villages of the Illinois without making friends among the
French, nor were the latter wholly without longings for liberty
and aspirations for greater independence. It was only eight years
before this that they had commissioned their friend and neighbor,
Daniel Bloiiin, to present to the British government their wishes
for a civil establishment to replace the military tyranny from which
they suffered.^ That movement had caused excited discussions
1 Kas. Rec, Court Record, fol. loo et seq; Murray's instructions to his brother may be
found in a memorial by Daniel Murray, Va. State Papers, ii., 675; McCarty's letter in Can.
Archives, B., 97, vol., i., p. 6.
2 Bentley was arrested at Michillimackinac and carried to Quebec, where he was kept in
confinement until his escape in 1780, when he returned to Illinois to take his revenge, as
the later narrative will tell. See post, p. cxlv. The more important papers in regard to the ar-
rest of Bentley have been pubUshed in the Mich. Pioneer and Hist. Col., xix., 321 c/ seq. His
intercourse with the Kentuckians is further proved by the fact that Clark made efforts to have
Bentley exchanged, Clark to Lemoult, March 16, 1779, 111. Hist. Col., i., 415.
' Mason, Chapters from Illinois Hist., 281. Much new material on this event has been
discovered, which will be made known in time.
xxxvi ILLINOIS HISTORICAL COLLECTIONS
in the villages at the time, and most of the French could recall the
principles, without doubt largely inspired by the Eastern traders
among them, for which they had then struggled.
It is true that these same villagers later told Clark that they
had not understood the cause for which the colonies were fighting.
But this was given as an excuse for not having joined the American
cause earlier, for they certainly were not so ignorant nor so art-
less as they chose to appear to the leader of an army of backwoods-
men. Many had seen the broadsides sent by the Americans to
Canada. Their intercourse through trade with Kentucky and
Fort Pitt had brought the knowledge to others, and such men as
Winston, Kennedy, and the Murrays had been preaching the joys
of independence for years. Many of the French were also warm
friends and admirers of that enthusiast for the American cause,
George Morgan. It is, therefore, not strange that many gave
Rocheblave a half-hearted support, although they were not
ready to come out openly on the side of the American agents.^
Among these more or less disaffected Frenchmen must be counted
some of the most important men of the communities, such as
Father Gibault, the Charlevilles, the Bauvais, Bienvenus, Lafont,
Duplasy and Janis of Kaskaskia, and J. Bte. Barbau, who
controlled Prairie du Rocher. How Rocheblave was regarded
at Cahokia is not known. The captains of militia, Joseph
Cesirre and Francois Trottier, had not chosen to participate in
the court, which the acting commandant called to clear himself
of the charges made by Bentley ; but this may have been due to
hindrances rather than choice. The men composing this party
were among the most intelligent of the villagers; they had all
given their support to the demand for the civil government from
the British in 1770, and among them were the officers of the
militia, as Duplasy, Janis, and Barbau.
1 The above analysis of the conditions in Illinois in the year 1778 is based upon hints
from many sources and events which followed the arrival of George Rogers Clark, so that
it is impossible to refer to any one document or group of documents as proof. The statement
of the French to Clark in regard to their ignorance of the cause of the struggle is in Clark's
letter to Mason and his Memoir, Enghsh, Conquest 0} the Northwest, i., 417 and 480. In the
Memoir, (p. 475) Clark intimates that he found some of the French inclined to the American
cause. Cerre, of whom I speak below, is one of the men who claims not to have had the
opportunity to understand the cause for which the Americans struggled, but no one can
read the letter written him by Monforton on Sept. 22, 1778, without believing that Cerr^'s
INTRODUCTION xxxvii
The mass of the habitants were probably on the side of the
government.^ Illiterate and unintelligent, they were willing to
accept conditions as they found them without attempting to bring
about a change; and, besides, obedience to the constituted
authorities was part of their nature. There were, however, sev-
eral of the richest and most prominent Frenchmen upon whom
the acting commandant could count, whose loyalty to the British
cause and Rocheblave was far stronger than the attachment of
their opponents to the opposition. Among these were Gabriel
Cerre, Louis Viviat, and Nicolas Lachance of Kaskaskia. Viviat
should, perhaps, not be comited at this time, for he died in the
fall of 1777 ; but up to the time of his death, he was one of the
most important traders of the region and had been in partnership
with William Murray. He was the member of the Wabash Land
Company who acted as the agent in the purchase of its claim.
He had, however, severed his connection with Murray just pre-
vious to his death, because of the acts of Daniel Murray, who was
particularly lawless. Throughout the prosecution of Bentley by
Rocheblave, Viviat had given the latter his support.^ Of La-
chance little at this time is known except that he was accounted
a friend of Rocheblave.^ Unquestionably the most important
member of the government party was Gabriel Cerre. He was
forty-four years old and had been in Kaskaskia since 1755.
Through his personal wealth and commercial connections, he
exercised an influence over the villagers second only to that of
the commandant, with whom he was on terms of intimacy. It
is quite possible that his trading interests brought him into oppo-
correspondent gave him credit for an intelligent understanding of the claims of the two parties.
(Can. Archives, B., 122, p. 161.) Daniel Murray in writing to Bentley on May 25, 1777,
gives the following proof of the existence of parties among the French: "As to your being
complained of already to General Carleton you need not dread that, for since your departure
Rocheblave drew out a complaint against you and wanted all the principal Inhabitants to
sign it which they all absolutely refused to do, particularly the Charlevilles, Bienvenue,
Lafont, Plassey, Janist, etc., no doubt but your friends Viviat Cerr6 Lachance might have
done it but they are too few to countenance it when so many refused to do it." (Mich. Pio.^
and Hist. Col., xix., 417.) Scattered through the Court Record, Kas. Rec. are other indica-
tions of party di\dsions.
^ Clark in his Memoir says that the majority of the inhabitants were friendly to Cerr^,
the leader of the British party. English, Conquest of the Northwest, i., 485.
2 Kas. Rec, Court Record. See also supra, p. xxx.
3 See supra, p. xxxvi., note i.
xxxviii ILLINOIS HISTORICAL COLLECTIONS
sition to the Americans and that self interest bound him to the
British side.^
Rocheblave never deceived himself in regard to the weakness
of his position, and several times urged upon Governor Carleton
the appointment of a commandant and the sending to the Illinois
of British troops, a recommendation which proves his interest
in the cause he upheld and his own disinterestedness. His
letters are full of such expressions as these : " I await with the
greatest impatience the orders of your excellency, or rather I beg
of you to give them to some other person, a native Englishman, in
order to escape the too common jealousies of some, who having
merely the name, and whose affections are all for the Americans,
are seeking to thwart all my efforts, intriguing with our neighbors
and poisoning with the venom of their hearts the purest intentions.
All the alarms I have sought to give will be only too well
realized. We are upon the eve of seeing here a numerous band
of brigands who will establish a chain of communications which
will not be easy to break, once formed. If by the schemes of the
Spanish the Natchez are conquered, there will be established an
armed force in this country. You have no time to lose to prevent
this misfortune. If militia can be counted for anything at present
a person of discretion with troops would attract more adherents
than would be believed. Inclination is in spite of abandonment
and distress, still for the government, but it is more than time to
revive their drooping courage or all will be lost here."^ The
British government planned at one time to relieve him and
appointed, in 1777, Matthew Johnson lieutenant-governor of the
Illinois; but for some reason he never went to his post,^ and
Rocheblave was compelled to face the event concerning which
he had given so frequent warnings, and to learn that the party
of his opponents was stronger in a crisis than his own.
* For an account of Cerre, see p. xx., note 2.
2 Rocheblave to Carleton, July 4, 1778, translated in Mason, Rocheblave Papers, Chi.
Hist. Soc.'s. Collections, iv., 416.
3 Can. Archives, B., vol. 46, p. 95. From Murray's letter to Bentley, May 25, i777i it
is learne\l that the new governor was expected at Kaskaskia, Mich. Pio. and Htst. Cal., xix.,
417.
INTRODUCTION xxxix
The American attack on the villages of the Illinois did not
come about in the way that the inhabitants and Rocheblave had
anticipated. They had been led to look for an expedition sent
by the united colonies and directed by George Morgan against
the whole line of posts extending from Detroit to Kaskaskia ; but
what actually occurred was that one of the revolting states, Vir-
ginia, sent an isolated detachment under a pioneer of Kentucky
to revenge the British and Indian attacks on her frontiers.^ The
immediate occasion of this expedition was the rapid colonization
of Kentucky during the last four years, and the danger to the new
settlements from the detachments of Indians sent by Lieutenant
Governor Hamilton of Detroit. To the Kentuckians the whole
territory north of the Ohio River appeared the breeding ground
of these Indian incursions into their territory. The con-
ception of an attack upon the Illinois was due to the genius of
one man, George Rogers Clark, who clearly perceived that the
holding of Kentucky depended on checking the British power
to the north. He laid his plan before the governor and council
of Virginia, by whom it was approved.^ He then proceeded to
raise his troops, keeping the destination of the expedition as
secret as possible. Had he taken into consultation George
Morgan or some of the men associated with him, he could easily
have put himself into communication with the American party in
the Illinois. On account of this silence he never fully imder-
stood the conditions existing in the French villages. He had pre-
ferred to work by himself and had collected his own information.
In 1777 he had sent two spies, S. More and B. Linn, to Kaskaskia
to investigate the situation. They remained in the villages some
time, giving themselves out as hunters; but they failed to
get into communication with the leaders of the opposition to
Rocheblave, because Clark had not informed even his spies of his
* See the statement of the people of Cahokia concerning their idea of Clark's troops,
this volume, p. 539. I have found no evidence that George Morgan had any knowledge of
Clark's undertaking.
2 This is not the place for an account of military actions, nor have I considered it neces-
sary to repeat what is contained in Clark's own narratives, which have been so. frequently
exploited by historians and novelists that they are very familiar. His Letter to Mason and
his Memoir have been printed in English, Conquest of the Northwest, \., /^ii et seq.
xl ILLINOIS HISTORICAL COLLECTIONS
purpose. 1 It was evidently expected by the American traders of
Kaskaskia that they would learn something from these Kentucky
hunters, for Bentley, who was absent, wrote to Murray concern-
ing them; but the latter answered: "As to the hunters you
write of there is three of them, one of them was here before, his
name Benjm Lynn, but they bring no news that I can hear of
worth reporting." 2 According to Clark's account of their in-
vestigation given to Patrick Henry, the governor of Virginia,
they reported that: "The principal inhabitants are entirely
against the American cause, and look on us as notorious rebels
that ought to be subdued at any rate, but I don't doubt but after
being acquainted with the cause they would become good friends
to it."^ There has been preserved, however, another account
according to which they reported that there were : " Strong traces
of affection for the Americans, among some of the inhabitants."*
There is also a tradition that Linn was warned by a trader of an
attack planned by some Indians against himself and companion.^
The history of Clark's journey down the Ohio, of his landing
near Fort Massac, and of the march across the prairies is so well
known that it need not be retold ; but the events occurring at
Kaskaskia which made his success possible are less familiar.
The states had sent down the Mississippi, in the spring of the year,
an expedition under Willing to make attacks on the British posts
in the south. The course of this expedition, Rocheblave had
followed with interest and, as he heard of the depredations Willing
made upon property, he published the accounts to the villagers in
order to cause them to fear for their own.^ When he learned that
another expedition was on the Ohio directed against the Illinois,
he connected it with the Willing raid and saw in it an attempt
on the part of the Americans to gain control of the whole stretch
1 Letter by Clark, Amer. Hist. Rev., viii., 492.
2 Murray to Bentley, May 25, 1777, Mich. Pio. and Hist. Col., xix., 417. There is a slight
mistake in the date given by Clark who says he sent them in June.
3 Letter by Clo-xk," Amer. Hist. Rev., viii., 492.
* Butler, History of Kentucky, 46.
5 Tradition preserved in Linn's family. Dr. MSS., 18J51.
•"'Mason, Rocheblave Papers, in Chi. Hist. Soc.'s Co^/cciio«5, iv., 408, 410. 412 et seq.
INTRODUCTION xli
of the river. This news of the approach of Clark did not reach him
much before that officer was at the falls and possibly not before
he had landed at Massac creek. Rocheblave immediately
ordered out the miHtia to make preparations for resistance;
but he soon learned the strength of the party opposed to him,
for the American traders in Kaskaskia either persuaded the in-
habitants not to attempt repelling the invaders, and in this they
were aided by the Spanish emissaries, or else they quieted the
fears of an attack. Whatever occurred, Rocheblave found that
he could accomplish nothing, for his government was by per-
suasion rather than by command, and the militia officers were
members of the party that gave lukewarm support to the British
and was half incHned to the American cause. Unfortunately for
Rocheblave, his chief supporters were not with him at this crisis ;
Viviat had died in the preceding fall, Lachance had recently been
taken prisoner,^ and Cerre had just started with some furs for
Michillimackinac. Hoping that the sight of a reinforcement
coming to their assistance might arouse the inhabitants, Roche-
blave sent a messenger to summon the militia from Vincennes ;
and M. Legras actually started with forty men from that village to
assist Kaskaskia. The message had come too late, however, for
Clark landed at Massac creek, marched across country, and cut
off any help which might be rendered from the Wabash. Thus
the crisis, whicli Rocheblave had been prophesying, arrived, and
he found himself unable to make any resistance.^
1 Rocheblave to Bosseron, April 25, 1778, Mason, Rocheblave Papers, in Chi. Hist. Soc.'s
Collections, iv., 408.
2 The above account is an attempt to explain in the light of the knowledge of conditions
just previous to the attack the following passage in a letter from Rocheblave to Carleton,
dated April 3 [evidently miscopied for August 3], 1778. The translation is from Mason,
Rocheblave Papers, Chi. Hist. Soc.'s Collections, iv., 418. "Sir: I steal a moment from my
guards in order to have the honor of informing your excellency that the night of the fifth or
[and?] sixth of July last three hundred rebels under the orders of Mr. Clerke[5tc], the self-styled
Colonel, arrived here where they have made me prisoner.
'^The majority of the inhabitants knowing the manoeuvres which had occurred in the
lower part of the Mississippi were resolved to defend themselves, but the dealings of our
neighbors, the Spaniards, and the abuse of the treacherous English, especially those named
Daniel Murray, Richard Winston, and John Hanson, prevented them from doing it. There
remained to me for a resource Mr. Legras, who prepared himself with forty men to come and
join me from Fort Vincennes, where he is a captain of militia, but the rebels having landed
on the beautiful river [Ohio], sixty leagues from here, crossed the neck of land which separates
that river from this place, and prevented that. I regret so much the more that he did not
arrive, as a number of men on seeing me supported would have joined themselves to us, £ind
we would have been able to hold the balance of affairs in opposition to those who were desti-
xlii ILLINOIS HISTORICAL COLLECTIONS
Whether Clark and the American traders of Kaskaskia com-
municated with each other before the attack in the night of July
4th and 5th, is very doubtful. We have seen that, before setting
out from Fort Pitt, Clark knew of no party in the village that was
ready to give him assistance; but he may have heard of the
American partisans from that party of hunters, just from Kas-
kaskia, who met him at the Tennessee River, although from his
own account their information was anything but reassuring;
or Murray and his associates may have communicated with him
as soon as he approached the village. There is some shght evi-
dence that the capture of the village was made less difficult by
the aid of some of the inhabitants ; for Clark seems to have found
no trouble in procuring boats to convey his troops across the Kas-
kaskia River ;^ and, if the tradition is trustworthy, his soldiers
were admitted to the fort and guided to the bedchamber
of Rocheblave by a Pennsylvanian, who may have been
Daniel Murray.^ Clark himself says that provisions were
tute and in extremities." In 1780 Rocheblave gave a similar explanation of liis failure to
defend the Illinois, Can. Archives, B., 122, p. 545.
Since Clark himself says "that they had some suspicion of being attacked and had made
some preparations — keeping out spies — but they, making no discoveries, had got off their
guard" (Letter to Mason, EngHsh, Conquest of the Northwest, i., 416) and, "we were informed
that the people, a few days before, were under arms, but had concluded that the cause of the
alarm was without foundation, and that at that time there was a great number of men in
town, but that the Indians had generally left it, and at present- all was quiet" (Ibid p. 476),
there appears to be no good reason for rejecting the testimony of Rocheblave. It is to be
noticed also that the Cahokians write as if the Kaskaskians chose not to defend their village.
See/>05<, p. 537. The chief difficulty in reconciUng Rocheblave's account with other known
facts lies in his own letter of July 4th, which gives a long narrative of the depredations of
the WilUng expedition on the southern Mississippi and only makes a brief mention of the
expected attack on Kaskaskia i. e., "We are upon the eve of having here a numerous band of
brigands."
Historians have followed too exclusively and uncritically the narratives of Clark, who
was fond of the dramatic, not to say the melodramatic, and who never hesitated to omit de-
tails which would affect what he regarded as the dramatic denouement. Like other frontiers-
men he never underestimated his own deeds, and after a careful comparison of the letter to
Mason with the Memoir, one is forced to believe that he was given to exaggeration. There-
fore it is not surprising that he did not make more of the persons and conditions which
made the occupation of Kaskaskia easy and that he emphasized the surprise of the place,
since that appealed to his dramatic instincts. Mason in his paper on Philippe Rocheblave
(Chi. Hist. Soc.'s Collections, iv., 373) uses the letter quoted above, but does not attempt to give
any explanation of it. I have not noticed an attempt to explain this letter by any other
historian of this event. See Winsor, Nar. and Crit. Hist., vi., 719; English, Conquest of
the Northwest, i., 168; Roosevelt, Winning of the West, Pt. ii., ch. iv.
1 He says, ' ' We marched after night to a farm that was on the same side of the river,
about a mile above the town, took the family prisoners, and found plenty of boats to cross in,
and in two hours transported ourselves to the other shore with the greatest silence." (Let-
ter to Mauon, English, Conquest of the Northwest, i., 416.) If he really found these boats
on the east bank of the Kaskaskia, how did they happen to be there, since very few people
were living on that bank at the time?
2 Reynolds, Pioneer History, 73. The passage is: "An American, a native of Penn-
sylvania, was there in the Fort and conducted Kenton and his small party into the Fort by a
INTRODUCTION xliii
collected for his troops by Murray and Winston during the
night.*
It is evident from the narratives of Clark and Bowman and from
the letters of Rocheblave that the inhabitants and the comman-
dant himself had not expected the attack so soon. On the day
before the attack Rocheblave wrote to Carleton : " We are upon
the eve of seeing here a numerous band of brigands,"^ but the
whole tone of the letter proves that by the "eve" he did not mean
that very night. In the letter sent after the capture of the village,
he writes as if he had expected that there was plenty of time to
send to Vincennes for aid, after he had learned of Clark's move-
ments; and as if he had been disappointed in his hope of assis-
tance, because the Virginians had made a forced march by land.
This looks as if he had expected the party to take the customary
route down the Ohio and up the Mississippi. If Clark had fol-
lowed this course, the time would have been ample for Rocheblave
to obtain reinforcements from Vincennes.^
What the feelings of the majority of the French people were
when they heard the warwhoop of the frontiersmen in their
village streets, can be easily imagined. Since the time of the
attack was a surprise and the less intelligent French had been
taught to beHeve the worst of the "Big Knives," the first fear
of the majority has probably been correctly depicted by Clark.
Many of the more inteUigent, who had supported Rocheblave,
must have felt terror at hearing the noise and have had misgivings
of the future, which would place in power Murray, Winston, and
Kennedy, whom they had learned to regard as their enemies.
Others, like Father Gibault, who were acquainted with the hos-
tility of the Protestant East to the Roman CathoHc Church,
feared perhaps that the freedom of worship might be denied them.
After all allowance has been made for such causes as these and
small back gate The Pennsylvanian was true to liberty and conducted them to the very
bedchamber of the sleeping Governor, Rocheblave."
* In his Memoir, English, Conquest of the Northwest, i., 478.
2 Rocheblave to Carleton, July 4, 1778, Mason, Rocheblave Papers, Chi. Hist. Soc.'s
Collections, iv., 416.
' See letter quoted on p. xli., note 2.
xliv ILLINOIS HISTORICAL COLLECTIONS
the suddenness of the attack, Clark's narrative of the abject
terror of the French people still appears somewhat exaggerated.
They were without doubt timid, but they were not poltroons.
Besides, they saw several familiar faces among the Virginians,
some of whom had been in Kaskaskia, and others they had met on
trading trips.
The party strife of the village broke out in Clark's headquar-
ters on the very night of the attack. The closest adherent of
Rocheblave's faction, Gabriel Cerre, was absent from the village,
and his enemies tried to win the favor of Clark by making accusa-
tions against him; but Clark was not deceived. He recognized
that his position was critical. He was in an alien community and
had only a small body of troops with which to hold the people in
check. Under such circumstances he could not afford to drive
the leader of such a strong party from him. How important he
regarded the winning of the support of Cerre and his party is
proved by the space he devotes in his Memoir to an account of
his relations with this leader. ^ He finally confronted Cerre with
his accusers, and the latter were afraid to repeat their charges.
By this diplomatic conduct he won over the man who could bind
the discordant elements in the villages to his side.
The chief means used by Clark to gain the good will of the
French at this critical time were the French treaty and the cry of
liberty. We have already seen that the words liberty and inde-
pendence were not wholly unknown in these regions. To assert
that the movement which was growing in France and which was
in eleven years to break out in the French Revolution was without
effect on the banks of the Mississippi would be taking too much
for granted. The best of these men were educated and traveled
to New Orleans and Quebec, and what was talked of there was
repeated by the firesides of the Illinois. Only ten years before
their friends of New Orleans were in revolt against Spanish
tyranny,^ when the word liberty became a household term; and
two years later the French of the Illinois were making use of the
^ English, Conquest of the Northwest, i., pp 477, 478, 481, 484-486.
2 Phelps, Louisiana, 113
INTRODUCTION xlv
same word in their struggle with Colonel Wilkins.^ The traders
from the East had been full of similar ideas during the past
few years. Liberty and independence were words with which
to fire the imaginations of the French and to make them dream
of things to come.
The French treaty was Clark's trump card in the game he was
playing ; for the word France awakened in the minds of the Kas-
kaskians memories of days gone by, always more joyous than the
days of , present hardship, — those days when the lilies of France
waved over the forts of the lUinois. France is a name of wonder-
ful meaning to Frenchmen of all times. The people of Illinois
felt its charm and, at a later day, said "when these men once
pronounced the name of France, how could they raise their hands
against them?"^ Just previously rumors had been spread up
and down the Mississippi that France was coming into her own
again, ridiculous reports no doubt spread by those discontented
with the British rule, and yet they aroused in the hearts of the
French a hope, of which the appearance of Clark seemed a har-
binger.
It was not with rifles and swords that Clark won the Illinois,
but with the promise of liberty and the alliance with France.
These two weapons were all sufficient. Immediately after the
occupation of Kaskaskia Clark sent Bowman with a detachment
of thirty men to occupy Cahokia, which yielded readily to the
same persuasions.^ Vincennes joined the American cause with-
out even the use of troops, for Father Gibault undertook to per-
suade the people to submit, which they did after their priest had
represented the case to them."* In their first enthusiasm the French
furnished the Virginians with all their necessities and their need
was great, for they had reached Kaskaskia, as the inhabitants of
Vincennes said, "half naked Hke the Arabs. "^ But the spirit
1 Mason, Chapters from Illinois History, 281 et seq.
2 See post, p. 537.
3 Bowman's letters in English, Conquest of the Northwest, i., 558 et seq.\ the Cahokian
account in this vol., p. 537.
* Clark's Letter to Mason, English, Conquest of the Northwest, i., 419.
8 Inhabitants of Vincennes to De la Balme, Menard Col., Tard. Papers.
xlvi ILLINOIS HISTORICAL COLLECTIONS
in which the French received the Americans is best seen in the
way they aided in defending the country against the British. In
December following the occupation of the Illinois by Clark,
Lieutenant Governor Hamilton of Detroit retook Vincennes and
threatened the other villages. At no time had Clark's position
been so dangerous, for he had neither money nor sufficient troops.
With him were only two companies of soldiers, in which some of
the French had already enlisted. Since these were too few either
to hold his position or to make an attack, he called upon the
villages; and two companies of Frenchmen were formed. The
merchants of the region raised the necessary money. Clark then
made his difficult and dangerous march across the submerged
prairies, a march which tried to the utmost the endurance of the
men. The conquest of Vincennes and the retention of the whole
Northwest for the Americans were the results. More than half
of the men who followed him so bravely were inhabitants of the
American Bottom.^ To the French soldiers in Clark's little army
as well as to the Virginians belongs the honor of that campaign
and its consequences.
After the submission of the villages to him, Clark found him-
self in command of a large country inhabited by a people who had
joined themselves willingly to his cause and to whom he had
promised greater liberty than they had hitherto enjoyed. From
the first he was called upon to exercise the power of commandant
and judge. He continued for a time the custom, followed by the
last two British representatives, of appointing arbitrators in all
cases of dispute between the inhabitants.^ This, however, was
not in accordance with his own ideas of self-government, which
were those of the West generally, nor did his many military duties
permit him to give that attention to civil affairs that was required.
He therefore made other arrangements. He writes that he
1 Va. Stale Papers, i., 316; Letter to Mason, English, Conquest of the Northwest, i., 437.
The expedition against Vincennes was evidently financed by the inhabitants of the French
villages, from v/hom Clark raised $11,102 between December 20th and February sth. Clark's
account against Virginia, in EngUsh, Conquest of the Northwest, ii., 1054.
2 Kas. Rec. Court Record, fol. 100. Letter by Clark, July 24, 1778, in Amer. Hist. Rev.
viii., SOI.
INTRODUCTION xlvii
caused : " a court of civil judicature to be established at Cahokia,
elected by the people. Major Bowman, to the surprise of the
people, held a poll for a magistracy, and was elected and acted as
judge of the court. [The policy of Mr. Bowman holding a poll is
easily perceived.] After this similar courts were established in
the towns of Kaskaskia and Vincent."^ The title of the court
thus founded at Cahokia was the "Court of the Committee of
Cahokia," and a few pages of the records of its sessions have been
preserved and are printed in this volume.^ Clark reserved the
right of appeal to himself and he adds : " I believe that no people
ever had their business done more to their satisfaction than they
had through the means of these regulations for a considerable
time."^ By an examination of the few remaining records it is
possible to arrive at an approximate date for the founding of these
courts. The date of the earliest paper which has been preserved
issuing from the court at Cahokia is October 29, 1778.'* Among
the Kaskaskia Records is a court record, the last pages of which
were used by the clerk of the British government and later by the
clerk of the Virginia government for recording deeds and other
instruments. The first entry in it after the date of the occupa-
tion of Kaskaskia by Clark was made on October 20th. The
last direct petition to Clark that exists is dated August 27. "* There-
fore it must be concluded that the courts were established be-
tween the last of August and the last of October. But it is pos-
sible to make a closer calculation. Since it is probable that an
entry was made by the Kaskaskia clerk in his book of record
shortly after the machinery of civil government was started,
we may take the date October 20th as approximately the date of
the establishment of the court at Kaskaskia; and since that at
Cahokia was the earlier, the court of that village must have begun
1 Clark's Memoir, English, Conquest of the Northwest, i., 484. The sentence in brackets
is added from Dr. MSS. 47J3S.
2Pp. 2«/«g.
3 Clark's Memoir, in English, Conquest 0} the Northwest, i., 484.
* See post, p. 2 .
6 See post, p. I . ;
xlviii ILLINOIS HISTORICAL COLLECTIONS
to hear suits about the middle of the same month and possibly a
little earlier.^
These courts were modeled after the county courts of Virginia,
with some modifications. The number of justices sitting at Caho-
kia was seven, four of whom were necessary for a quorum; the
sessions were held weekly ; the jurisdiction included both criminal
and civil cases; the records of the sessions were kept in Enghsh.^
Since the members of this committee were elected by popular vote,
the first election of chief magistrates ever held on the soil of lUinois
or of the old Northwest was that at Cahokia in the month of
October, in the year 1778.
During the last few years disorder and crime had increased in
the Illinois. We have seen how Rocheblave lacked the power to
enforce good order and had appealed to public opinion without
effect to put an end to the trading in Hquor with the Indians.
But it was not from the depredations of the Indians only that
the people suffered. Members of the slave class, influenced by
the disorders of the times, had become insolent and violent, so
that the fear of the large population of red and black slaves was
widespread, and with good reason, for many murders had recently
been committed, for which the slaves were suspected of being
responsible. Members of the family of the NicoUe had become
sick and died under the most suspicious circumstances, and
several sudden deaths of both whites and blacks had occurred
which gave every evidence of being caused by poison. To stop
further lawlessness by this class, Clark published a very stringent
order against the slaves on December 24, 1778, in which he forbade
them to walk the streets after sundown without a special permis-
sion from their masters, or to assemble for dances at night, under
1 It is possible that Clark was mistalcen about the establishment of a court at Kaskas-
kia, for among all the records that have been preserved there is not one issuing from such
a court, or one that gives direct evidence of the existence of such a court. Moreover there
has been preserved a petition, dated February i8, 1779, from a widow in regard to her hus-
band's estate, in which she gives elaborate reasons for not having troubled Colonel Clark
during his presence in Kaskaskia, and states that conditions are now such that she must
have protection to save her property. Since Clark was away, she applied to the officers of
militia of Kaskaskia. These heard her prayer and granted the protection. The act was
signed by the officers, but not as members of a court. One name has been torn off, but the
others are Joseph Charleville, Richard Winston, Charles Danis, and Charles de Lisle acting for
Duplasy. Kas. Rec, Petitions.
2 See record of the court, pp. 4 et seq.
INTRODUCTION xlix
penalty of punishment by flogging.^ All persons were forbidden
to sell liquor to slaves. In the court of Cahokia an investigation
of the death of the NicoUes was begun. This was not ended until
the following June, when it was proved that some slaves, of
whom two were particularly guilty, had poisoned a number of
whites as well as several negroes.^
Of this first experiment in popular government in the Illinois
very little can be said, for almost all its records have been de-
stroyed. The character of Clark, the order he preserved or
tried to preserve, and the expedition with which justice was
administered, no doubt made the government generally popu-
lar; still the military power was very evident and at times
arbitrary, and the soldiers were, becoming unruly. Therefore the
French looked forward to the time when a civil government, not
so dependent on the military force, should be inaugurated. The
people were reasonable, however, and recognized the necessity
of these temporary arrangements, and in their first enthusiasm
exhibited a tractable and united spirit to their commandant. In
justice to Clark it must be said that neither at this time nor later,
when there was most just cause to criticise the miUtary force,
did the French utter a word of complaint against him, for he had
won, not only their esteem, but their affection, so that they never
held him responsible for the evils that crowded upon them.
One cause for uneasiness developed very soon among the peo-
ple. In the first excitement over their change of allegiance and
under the influence of that enthusiasm which was aroused by the
talk of liberty and independence by Clark and his soldiers, they
had been ready to make many sacrifices for the cause they had
espoused. At first they gave freely of their goods, and later sold
them to the patriots, who had brought them this "priceless
gift", and received in return continental paper money, which they
were assured by Clark and his officers was equal in value to the
Spanish piastre, or else drafts on the treasury of Virginia or the
Virginia agent at New Orleans, Oliver Pollock.^ At the time
1 Kas. Rec, Court Record, fol. 132.
2 The papers in the case are printed in this volume, pp. 13 «/ seq.
3 Every petition of the French people mentions the fact that they were deceived by the
1 ILLINOIS HISTORICAL COLLECTIONS
the paper money was worth about twelve cents on the dollar,
and the French were to learn that many of the drafts were worth-
less. The suspicions of the inhabitants were not aroused until
early in 1779, while Clark was absent on the Vincennes expedi-
tion. Speculation in continental money was very common
throughout the East and every advantage of variation in its value
was used by the traders. It is not surprising, therefore, that the
story of Clark's dealings in the Illinois were soon known by these
men, who, tempted by the opportunity of purchasing goods
with continentals at their face value, rushed into the region.
They reached the French villages in the early spring of 1779,
and in their eagerness to make the utmost use of the opportunity,
they bid against each other with the result that the confidence of
the French was lost and the value of the paper tumbled. ^ In
speaking of this event, Clark says: ''There is one circumstance
very distressing, that of our own moneys being discredited, to all
intents and purposes, by the great number of traders who come
here in my absence, each outbidding the other, giving prices
unknown in this country by five hundred per cent, by which the peo-
ple conceived it to be of no value, and both French and Spaniards
refused to take a farthing of it. Provision is three times the
price it was two months past, and to be got by no other means
than my own bonds, goods, and force. "^ There was another reason
for the appreciation of the price of supplies. By the arrival of
Virginians in regard to the value of the paper money. See Cahokian Memorial to De la
Balme, printed in this vol., p. 547, also page 6; from the memorial of the people of Kaskaskia
to the Virginia commissioners, March i, 1783, is taken the following passage: "But on ac-
count of the honest appearance of General Clark and of his officers and because they assured
us that they had orders to draw on M. Oliver Pollock, agent of the state of Virginia at New
Orleans, there was no difficulty in obtaining all they needed for a specie in current paper,
which was scattered in quantities both on this bank and the Spanish at the value of metalic
piastres of Spain and all our supplies have been sold at the same rate and conditions .... and
since we could not believe that an officer in accordance with his orders would leave us ignorant
of the fact that this money was depreciated, we have received it at its intrinsic value." (Menard
Col., Tardiveau Papers.) In a memorial to the governor of Virginia the same people said:
"The supphants have furnished all the necessary provisions to the troops at a sufficiently
moderate price and have been paid with a paper money and letters of exchange which we
were assured were equal in value to the Spanish piastre." (Ibid, memorial dated May 4,
1781.) The people of Vincennes in a petition to the governor of Virginia, June 30, 1781,
wrote: "The accredited officers of finance and others have assured us that continental
money was of equal value with coin, and we accepted the same in good faith." (Va. State
Papers, ii., 192 j
1 See post, p. 6.
2 Clark to the Governor of Virginia, April 29, 1779, in Enghsh, Conquest of the North-
west, i., 400.
INTRODUCTION li
the Virginians all open trade with Canada had been stopped
and, since that country was one of the chief sources from
which the inhabitants drew their goods and to which they
sold their furs, commerce became stagnant and commodities
scarce.*
The credit of Clark's government was supported at this time
by the merchants and traders of Illinois. He says: "Several
merchants are now advancing considerable sums of their own
property, rather than the service should sujffer, by which I am
sensible they must lose greatly, unless some method is taken to
raise the credit of our coin."^ The merchants who gave this
timely aid to the American cause were Daniel Murray, Winston,
Janis, the Charlevilles, the Bauvais, Duplasy, and Bienvenu, of
Kaskaskia; Barbau of Prairie du Rocher; Godin, Trottier, Girault,
LaCroix, Gratiot, and McCarty of Cahokia ; LeGras, Huberdeau
and Bosseron of Vincennes, and Vigo with possibly others of St.
Louis. ^ The state of Virginia had undertaken more than she
could perform, since her treasury was exhausted and her credit
gone, so that Clark never received the financial support that he
needed; and he and his officers were in time forced to use that
expediency which made the Thirty Years War in Germany so
frightful, namely that of compelling the people to support them.
This last resort had not become necessary in the spring of 1779,
at least it was not officially recognized ; for the French were still
ready to make herculean sacrifices for the cause which they had
accepted and to furnish supplies on the doubtful credit of the
state; but the time was fast approaching when they would de-
mand a settlement.
^ Va. State Papers, iii., 501.
2 See supra, xlvi., note i.
3 Clark's account against Virginia, in English, Conquest of the Northwest, ii., 1040 et seq.
The list of names is not complete since I have been unable to identify several as spelled by
Clark and because drafts were drawn by other officers besides Clark and these would not
appear in his account. In fact, the list of those who at this time or later furnished supplies
on credit is a very long one, including almost every man of property in the Illinois. Gratiot
of Cahokia, Cerr6 ot Kaskaskia, and Vigo of St. Louis have always received due credit for the
assistance they furnished, but they were no more active than the other members of the French
villages. In the end these three never suffered from their efforts at this period as severely
as did many others. Richard Winston, who at the time of the coming of Clark was regarded
as wealthy, died in poverty; and the Bauvais family was reduced to almost the same extrem-
ity. These are only two instances among many.
lii ILLINOIS HISTORICAL COLLECTIONS
While Clark had been regulating the affairs of the Illinois,
the news of his great success had been received with rejoicing at
Williamsburg, and the government of Virginia began preparing
for some more permanent form of civil establishment for her new
citizens. The territory north of the Ohio River Hes within the
region which Virginia claimed as hers under her charter granting
the land from sea to sea. According to the Virginia interpreta-
tion of that charter, the state was fully within her rights in legis-
lating for that territory, to which her troops had just given her
another title.
On the 19th of November, 1778, a committee was appointed by
the legislature to draft the requisite bill, which was introduced
on the 30th and passed both houses on December 9th, ^
The civil estabHshment thus created for the region was the
same in its essential character as that which Virginia had used
in her expansion westward, the county government. Kentucky
had but a few years before received a similar organization. This
new territory, which included all that Clark actually held, stretched
from the Ohio to the IlHnois River and up the Wabash towards
Detroit to an indefinite boundary. Ouiatanon was certainly
under the jurisdiction of Virginia, but beyond that post and the
Illinois River there is no proof of her exercising jurisdiction.
The land lying between this northern boundary and the lakes
was disputed territory and was traversed by Virginia and British
troops at various times.
The government of the "county of Illinois", as it was called,
was temporary in character and was given force at the time of its
enactment for only one year and then to the end of the next ses-
sion of the legislature. On account of the difference in the popu-
lation Virginia law was not fully extended to the new county.^
" On account of the remoteness of the region," so runs the pream-
ble of the act, " it may be difficult, if not impracticable, to govern
it by the present laws of the commonwealth, until proper infor-
1 The act is reprinted in this volume, p. 9. The history of the act is given in note i of
the same page.
2 For a discussion of how far the laws of Virginia were extended to the Illinois, see post,
p. Ixii.
INTRODUCTION liii
mation, by intercourse with their fellow citizens, on the east
side of the Ohio, shall have familiarized them to the same, and
it is therefore expedient that some form of government adapted
to their circumstances should in the meantime be established."
The chief executive officer and commander of the militia was
the county lieutenant, or commandant. He was empowered to
appoint as many deputy commandants, militia officers, and com-
missaries as he found necessar>\ The civil officers were to be
the same as the inhabitants were accustomed to, and they were
to administer the law which was in force in the region already,
that is, the coutume de Paris. Officers, created by the lieutenant,
to which the inhabitants were unaccustomed were to be supported
by the Virginia treasury, the others by the people. Both mili-
tary and civil officers were required to take the oath of office
according to the rehgion to which they were accustomed. The
people were given assurance of the free exercise of their religion.
The power of the court to be established and of the county heu-
tenant was limited in actions for treason and murder to the same
extent as it was in all counties of Virginia.^ In such cases the
lieutenant was permitted to stay execution until the opinion of
the governor or the assembly had been obtained.
On December 12, 1778, and in accordance with this act, Patrick
Henry commissioned John Todd county lieutenant. For such
a difficult and important position Todd seemed as good a candi-
date as was available. His ancestry was Scotch-Irish, one of
his ancestors having fled from Scotland to escape the persecutions
of Claverhouse. His grandfather had come to America in the
year 1737, when Todd's father was still in his youth, and had
settled in Montgomery County, Pennsylvania. From his mother
Todd inherited Welsh blood. His education had been exception-
ally good. His uncle, also named John Todd, was a well-educated
man, having graduated from Princeton in 1749, and was a minis-
ter in Louisa County, Virginia, where he kept a classical school.
It was at his uncle's school that the future county lieutenant was
educated. Afterwards he studied law and practiced a short time.
^ Chitwood, Justice in Colonial Virginia, 82,
liv ILLINOIS HISTORICAL COLLECTIONS
But the attraction of the frontier life was in his blood, as it was in
that of so many other young men of his time, and at the outbreak
of the Dunmore's War he became aid to General Lewis. In
the following year he made his way among the first settlers to
Kentucky and was present at the meeting which was held to
establish the government of the proprietary colony of Transyl-
vania. In 1777 he was elected burgess from the county of Ken-
tucky to the general assembly of Virginia. The duties of this
office prevented him from taking part in Clark's expedition to the
lUinois.^ In appearance Todd was far from imposing. He
was only five feet six inches in height, but was reputed the swiftest
footman of his day and excelled in all forms of gymnastics. Like
Clark and most of the leaders of the western movement he was
still a young man, being at the time of his appointment twenty-
eight years old. His experience, however, had been on the
frontier; he was accustomed to the American type of pioneer,
and was personally brave and a good Indian fighter. He united
with these qualities a knowledge of law and a culture superior
to that of any other man in the West. His education and his
character seemed to fit him for the task before him. But the
events in the Illinois were already approaching a crisis, brought
on by the clash of Anglo-Saxon and Gallic temperament; the
unity of feeling and the glow of enthusiasm aroused by the shouts
of liberty and the huzzas for the French alliance were already
changing, and the French were beginning to count the cost of the
transference of their allegiance ; criticism, denunciation, and open
opposition were ready to break forth. Under such conditions
was the experience of twenty-eight years sufficient to enable
Todd to master the situation?^
The instructions given him by Governor Henry were wise and
suited to the occasion : " Altho Great reliance is placed on your
prudence in managing the people you are to reside among, yet
consider'g you as unacquainted in some Degree with their Genius,
1 The Todd on the expedition was his brother, Levi. English, Conquest of the North-
west, ii., 9SI.
2 For the Ufe of Todd see. Green, Historic Families of Kentucky; Morehead, Settlement
of Kentucky, 174; Mason, Chapters from Illinois History, 252.
INTRODUCTION Iv
usage, and maners, as well as the Geography of the Cuntry I
recommend it to you to consult and advise with the most intelligi-
ble and upright persons who may fall in your way .... and I know
of no better Gen^ Direction to Give than this, that you Consider
yourself at the head of the Civill department, and as Such having
the Comm^ of the militia, who are not to be under the comm^
of the militar}^ untill ordered out by the civil Authority, and to act
in conjunction with them
"You are on all Accatons to inculcate on the people the value
of liberty and the Difference between the State of free Citizens
of the Commonwelth and that Slavery to which Ilinois was Des-
tined. A free & equal representation may be expected by them
in a little Time, together with all the improvm*^ in Jurisprudence
and police which the other parts of the State enjoy
"The Ditaile of your Duty in the civil Department I need
not give you, its best Direction will be found in y^ innate love of
Justice and Zeal to be intend vely usefull to your fellow-men.
A general Direction to act according to the best of y^ Judgment
in cases where these Instructions are Silent and the laws have
not Otherwise Directed is given to you from the necessity of the
case, for y^ Great Distance from Governm* will not permit you to
wait for Orders in many Cases of Great Importance."^
Clark received Todd with joy, for they were good friends;
but a greater reason was that he found the task of superintending
the civil department and at the same time of making the needed
preparations for the contemplated attack on Detroit in the sum-
mer too difficult.^ The fussy details of the former were annoying
to a mind like Clark's which was only aroused to its best by the
excitement of some bold military undertaking.
Todd reached the Illinois in May, 1779. One of his first duties
was to organize the mihtia. There was Httle to be done, for
Clark had maintained the military organization which he found
in existence and had confirmed the appointments of the officers
already in command. Todd now reconfirmed them under the
1 Mason, John Todd's Record-Book, Chi. Hist. Soc.'s Collections, iv., 289 et seq.; Va.
State Papers, i., 312.
2 Clark's Memoir, English, Conquest 0} the Northwest, i., 449.
Ivi ILLINOIS HISTORICAL COLLECTIONS
authority conferred on him by the act of the Virginia legislature.
As far as the records show neither Clark nor Todd made many
changes in the personnel of the militia. Under the British rule
the officers had been selected from the most prominent men of the
community, and the new government could not afford to alienate
them. A few changes were made by one of the Virginians in
Kaskaskia, where Richard Winston, an American trader, was
made commandant, Nicolas Janis and Joseph Duplasy were
retained, and Brazeau was not given a commission.^ There
could be no thought of change at Prairie du Rocher, where J.
Bte. Barbau had been chief citizen for years. ^ At St. Philippe
a commandant was also appointed, probably Pierre the Sieur
de Girardot, who held somewhat the same position in that com-
munity as Barbau at Prairie du Rocher.^ At Cahokia Joseph
Cesirre, who had been judge and captain of militia for several
years, was not commissioned, but this was probably due to his
death, which occurred in this year, possibly before Todd's arrival.
Francois Trottier was made commandant of the village and Mi-
chel Beaulieu and Pierre Godin called Turanjeau, were com-
missioned captains.* The latter was a new name in such a promi-
nent position, but the Godin family was an important one and
without doubt the appointment was approved by the people.
In Peoria J. Bte. Mailhet was appointed commandant.^
Before issuing the commissions to the militia ofi&cers, Todd
had given his attention to the establishment of the civil govern-
^ Mason, John Todd's Record-Book, Chi. Hist. Soc.'s Colleclions, iv., 294; Kas. Rec,
various papers.
2 Barbau was from New Orleans and was about fifty-seven years old at this time. He
was one of the judges of the court of judicature established by Colonel Wilkins in 1768 and
from that date is conspicuous in all the affairs of the American Bottom. It will be seen that
he was called to an important position later at a critical time. See Post, p. . After the
United States came into control of the country, he still continued to be a representative citizen
and_ was appointed to many public positions. He died in 1810. Kas. Rec; Smith, St.
Clair Papers, ii., 165. His will is recorded in the probate record of Randolph Co.
3 Girardot was a former French infantry ofi&cer, who for some reason chose to remain in
the Illinois. He was appointed one of the justices by Colonel Wilkins. I have not been able
to find the rest of his name, for he was always called by his title.
* For these Cahokians see the notes to the census of the village on page 624 et seq .
5 The appointment of a commandant at Peoria and St. Philippe is not mentioned by
Todd in liis Record-Book, but since we learn that such officers were acting later at these
places, they must have been appointed about this time. For an account of Mailhet see p. 231,
note 2. In 1790 it was believed that Mailhet was appointed commandant by Clark. Smith,
St. Clair Papers, ii., 138.
INTRODUCTION Ivii
ment. He had received very definite instructions on this head
in the act creating the county, according to which the magistrates
were to be such as the people were accustomed to and were to be
elected by popular vote. The problem, however, was not an
easy one. Under the French regime the civil magistrate was a
judge with sole authority in all judicial and executive matters
not belonging to the military department.^ During the British
period there had been a feeble attempt, in 1768, to create a court
of judicature, but it had failed;^ and since that time the military
commandant had been also judge, assisted by justices in each
village, whose duties seem to have been to put in execution the
decrees of the commandant. Neither of these arrangements
was in accord with the democratic ideas of the frontier. There
was, however, another model. Since the fall of the previous
year, the Illinois villages had been governed by the courts estab-
lished by Clark. The justices were elected by popular vote and
had given general satisfaction. Todd determined to continue
these as fulfilling the requirements of the law. Since Illinois was
so large, it was impossible to hold a court at any one of the villages
for the whole county. Three districts were, therefore, created:
the Kaskaskia district included Prairie du Rocher, Chartres
village, and St. Philippe besides Kaskaskia itself ; the Cahokia
district extended from the village of Prairie du Pont to Peoria on
the Illinois River; and the Vincennes district included all the
region of the Wabash.^ The court consisted of six justices from
the principal village and representatives from the other com-
munities of the district. Thus two justices were elected for
Prairie du Rocher and one for St. Philippe in the Kaskaskia
district ; one was added to the Cahokia court for the Httle vil-
lageof Prairie du Pont; and three were elected for the com-
munities in the Wabash region outside of Vincennes.* These
1 Alvord, Illinois in the Eighteenth Century, i6.
2 Ibid, 2 1 .
3 Todd's speech, quoted on page Ix. gives the boundaries of the Kaskaskia district. The
boundaries of the Cahokia district are obtained by the examination of the extent of its juris-
diction.
* Todd says in his speech that six justices are to be elected at Kaskaskia and two others
from Prairie du Rocher and St. Philippe. As a matter of fact two were elected
Iviii ILLINOIS HISTORICAL COLLECTIONS
justices were elected for a year and might become candidates for
re-election.^
The election for the new government was held at Kaskaskia,
on May 12th, with suitable ceremonies. The people were sum-
moned to a general assembly at the church door, where they had
been accustomed to meet to transact their business for years.
They came in their picturesque hohday apparel, for to them
this seemed the day of the fulfilment of all their anticipations.
Near by were drawn up the Virginia soldiers of the lUinois bat-
talion, and possibly groups of Kaskaskia Indians were on the
outskirts of the crowd. The central group was composed of
Clark with his officers and Todd with his attendants, and with
these stood without doubt Father Gibault.^
The presiding officer^of this remarkable assembly was George
Rogers Clark. He had prepared an address for the occasion, but
since his knowledge of French was limited, it was written and
read by his official interpreter, Jean Girault. His address was
in part as follows: "From your first declaration of attachment
to the American cause up to the time of the glorious capture of
post St. Vincent, I had doubted your sincerity ; but in that critical
moment I proved your fidelity. I was so touched by the zeal
which you have shown that my desire is at present to render you
happy and to prove to you the sincere affection that I have for the
welfare and advancement of this colony in general and of each
individual in particular. The young men of this colony have
returned from Post St. Vincent covered with laurels which I hope
from Prairie du Rocher, as the election certificate shows. {Kas. Rec.) The ninth member
of the court was the Sieur de Girandot, wJio was a resident of St. Philippe. {Amer. State Pap.,
Pub. Lands, ii., 192.) The number six remains throughout the period as the number of
justices to be elected at Kaskaskia. See pp. cxvi., cxxxiv. At Cahokia there was always a
member of the court who was a resident of Prairie du Pont and the court of Vincennes must
have also followed the Kaskaskia model.
1 In Cahokia the election was annual and on account of the completeness of the records
it is best to base conclusions about practice on that of the court of that village; but in the
certificate of the second election of the two justices of Prairie du Rocher in 1782, it is stated
that the time of service of the justices as estabUshed by law had passed and so two more
justices were elected. This would make the tenure of ofl&ce three years. {Kas. Rec, Pol.
Papers.) No conclusions can be drawn from the elections at Kaskaskia, since they were held
so irregularly and the same is true of what little is known of the court at Vincennes. (See
post, p. Ixxxiv.; Dunn, Indiana, passim.)
2 In all French villages the regular place for holding assemblies was in front of the church .
Babeau, Les assetnblees generates, 21 ei seq. It is possible that the troops and the Indians
were not present, but it seems probable that they were.
INTRODUCTION lix
they will continue to wear." He then praised those who had
remained at home to defend their village, and expressed a hope
that they would soon have an opportunity to win similar glory.
He told them that they would soon possess the liberty which the
Americans enjoyed, and that America would protect them. The
governmen;, "has appointed for you a civil lieutenant governor
to regulate and settle your affairs. In a short time you will know
the American system, which you will, perhaps, think strange in
principle, but in the end you will find in it so much peace and
tranquillity that you will bless the day that you embraced the
cause of the Americans. You should be persuaded that we
desire to render' you happy and to procure for you all possible
succor.
"I present to you Colonel Todd, my good friend, as your
governor. He is the only person in the state whom I desired to
fill this post in this colony. I am fully persuaded from my knowl-
edge of his capacity and diligence that he will succeed in render-
ing to you justice and making you contented.
"You are assembled here, gentlemen, for an affair of, the
greatest importance, namely, to elect the most capable and illus-
trious persons to sit in judgment on your differences I
pray you to consider the importance of this choice and to make
it without partiality and to elect the persons most worthy of your
trust ; and I hope that in a short time that you will be convinced
that you are the freest people in the universe."^
Clark was followed by the county lieutenant, John Todd.
His speech was also read by some one familiar with the language.
He said in part : " Gentlemen, I am sent by the government of
Virginia to exercise the duties of chief magistrate of this county.
The reception which I have received from you deserves my
thanks. I am flattered and shall always be happy, if my power
can serve your well-being. I am sure that nothing will be lacking
on my part to secure that end.
"The Republic of Virginia has had only noble motives in
1 Dr. MSS.y 49j43- This is an original manuscript and is signed by Clark, Fort Glark,
May 12, ^^^<). Translation by the editor.
Ix ILLINOIS HISTORICAL COLLECTIONS
coming here. It was not moved by the love of conquest but has
come to invite you to participate with her citizens in the blessing
of a free and equal independence and to be governed and judged
by officers who shall be placed in power by the people.
"Your great distance from the capital, gentlemen, does not
permit you to send representatives to the assembly ; but if in the
future it happens that for your welfare or to avoid loss you prefer
such representation, I have it in my instructions to assure you
that it will not be refused you.
" The purpose for which we have assembled you to-day, gentle-
men, is that you may choose among you six of the most notnbie and
most judicious to be judges of the court of Kaskaskia, conjointly
with two others from Prairie du Rocher and St. Philippe.
"Each one with the right of voting can give his vote, either
viva voce or by writing, to elect whomever he wishes to place in
office."!
The assembly then proceeded to tho election. A large ballot
sheet had been prepared which was divided into squares. At
the top of this were placed the names of the candidates, and at the
side the names of the voters as they handed in their votes either
by word of mouth or by writing, and their choice was checked off
in the proper squares.^ The harmony of parties is evident from
the list of men chosen as justices. The old factional strife, which
had marked the years of Rocheblave's government, was hushed
before the grand ideals which had been invoked by the men who
had inaugurated this new constitution. All men united in choos-
ing those who appeared most fitted to exercise the duties of the
new office. At the head of the court was placed the man who
had been the chief support of Rocheblave, but who had in the
past few months won the confidence of Clark and his officers by
the liberal assistance he had given their tottering finances, Gabriel
Cerre. On the whole, however, the names of the judges are
those of men who had been lukewarm to the British cause and
had won favor either in the recent campaign against Vincennes
1 Chi. Hist. Soc.'s Cah. Rec. This is an original manuscript. Translation by the editor.
2 At least this was the7method at later elections. Kas. Rec, Pol. Papers, among which
are two such ballot sheets.
INTRODUCTION Ixi
or by their cordial acceptance of the American allegiance. There
were elected from Kaskaskia, besides Cerre, Joseph Duplasy,
Jacques Lasource, Nicolas Janis, Nicolas Lachance, and Charles
Charleville.^
On May 19th the people of Prairie du Rocher assembled and
elected J. Bte. Barbau and Antoine Duchaufour de Louvieres as
their representives in the court. At St. Philippe, Pierre Sieur
de Girardot was elected.^
The court now being complete, Todd issued the commission
on May the twenty-first: "From the great Confidence reposed
in your Judgment & Integrity by the good people of Kaskaskia
and its dependencies and agreeably to an act of the general assem-
bly of Virginia, you are hereby constituted & appointed Justices
of the peace for the District of Kaskaskia and Judges of the
Court of the said District in cases both civil & criminal, any
four or more of you are authorized to constitute a Court before
whom shall be cognizable all actions and cases of which the
Courts of the Counties of this commonwealth Respectively have
Cognizance, your judgment must have the Concurence of at
least a majority and be entered with the proceedings previous and
subsequent and fairly recorded in Books provided for that pur-
pose."^
Richard Winston, who was already commandant of the vil-
lage, was appointed by Todd to the office of sheriff and Jean
Girault, state's attorney. Carbonneaux, who had been clerk
during the British period, was re-elected by the court.''
The date of the inauguration of the court at Cahokia is not
known. During the subsequent years the elections were held
generally after the middle of June, the nineteenth being the
favorite date; but the court was elected before that date in 1779,
for it was in session as early as the tenth of June. * The election
1 Mason, John Todd's Record-Book, Chi. Hist. Soc.'s Collections, iv., 295.
2 For election at St. Philippe see supra, p. Ivii., note 4.
* Kas. Rec, Court Record, fol. 169.
* Mason, John Todd's Record-Book, Chi. Hist. Soc.'s Collections, iv., 295. Winston's
commission is among the Kas. Rec.
» See post, p. 13.
Ixii ILLINOIS HISTORICAL COLLECTIONS
passed off without making many changes in the personnel of the
court which had been established in 1778 by Major Bowman.
In the place of Langlois, Bte. Saucier was returned. J. Bte.
LaCroix was appointed sheriff by Todd and Frangois Saucier
was elected clerk by the court. ^ A court was also established at
Vincennes. As this post lay outside the territory which in time
has become the state of Illinois and since the records from which
this account is drawn belong to the villages of the Mississippi
bottom, the history of Vincennes will be noticed only incidentally
in this Introduction.
The history of these courts was very dissimilar, as will be shown
in the following pages; but there are certain general statements
in regard to them which can be made that are true of all. The
courts met at first rather irregularly, for the justices seem to
have attempted to continue the weekly sessions to which they had
become accustomed in Clark's courts. Later they gave this up
and settled down to holding monthly sessions with some regularity
and meeting in special sessions when required.^ The individual
justices had jurisdiction in cases involving not more than twenty-
five shilHngs, as was the law in the other counties of Virginia.'
The French law was retained as the law of the county, but it was
modified somewhat by the law of Virginia. In a letter to Clark
on December 12, 1778, Governor Henry mentions sending him the
Bill of Rights of Virginia to guide the French people, and appeal
was made to it at one time at least in the history of the court
of Kaskaskia.^ But this was not the only Virginia act that was
used in these courts, for we find mention of the " Code of Laws
and Bill of Rights" as a guide to be followed in questions of
difficulty.^ What this code contained I have been unable to
discover, but it was probably the more important laws respecting
^ Mason, John Todd's Record-Book, Chi. Hist. Soc.'s Collections, iv., 295.
2 This was true both of the Kaskaskia and the Cahokia courts. Mason, John Todd's
Record-Book, Chi. Hist. Soc.'s Collections, iv., 309.
3 Chitwood, Justice in Colonial Va., 81; see post p. 533.
* Dr. MSS., 60J1, a copy; Kas. Rec, Letters.
^Memorial of Timothe de Monbreun, November 18, 1794, Va. State Library.
INTRODUCTION Ixiii
the county courts. There was some attempt at Kaskaskia to
regulate the procedure in accordance with English law. On
one of the stray papers of the records from Kaskaskia there is
a regular docket like that of any English court. At the end
of the Cahokia court record, pubHshed in this volume, there is
an attempt to imitate the same form. Trial by jury was also
permitted and probably required in criminal cases; at least the
record of the first jury trial at Cahokia was criminal. Another
evidence of the influence of the English law is the practice of
arresting men for debt, which makes a late appearance in the his-
tory of the Cahokia court. On the whole the law of the courts is
that of the coutume de Paris, as it had been used in the Illinois
throughout the eighteenth centuiy. The litigants do not as a
rule favor the English procedure and are generally satisfied to
have a majority of the judges decide their cases in accordance
with equity.
There were very serious charges made against the Vincennes
justices on account of the large costs they demanded. A similar
charge could not be made against the Cahokia court, for, with the
exception of a few cases, which might be explained if we knew
all the circumstances, the costs were moderate and not different
from those that had been fixed by the ordinances of the French
kings. Of the Kaskaskia court almost nothing is known, on
account of the disappearance of the record. That the justices of
Cahokia were careful in preserving the records of their sessions
is evident from this volume. The history of the courts at Kaskas-
kia and Vincennes was far more stormy, and no doubt in the fac-
tional fights the records were not kept as well, but that they were
made is evident from numerous references to them in letters and
petitions. Where they are now is not known, but in both places
there were plenty of men who would prefer that such records
should not remain in existence, and they have no doubt been
destroyed.
Although unity among the French population appears to have
reigned at the election and there was great enthusiasm
Ixiv ILLINOIS HISTORICAL COLLECTIONS
expressed for Clark and the new county lieutenant, there was no
such feeling for the American soldiers or for the numerous traders
and land speculators who had already found their way into the
country. The backwoodsman was a type that had been developed
rather slowly in the Eastern colonies ; but the endless Indian war-
fare, the Hfe of the woods, the separation from the centers of
civiHzation, the need of reliance on self had produced a set of
men well fitted for the task of winning the West. Of great phy-
sical strength, brave to recklessness, splendid riflemen, trained in
woodcraft in which they were second only to their foes, the
Indians, lovers of individual freedom, hostile to the regulations
of society, hard drinkers, suspicious, quarrelsome, intolerant, un-
cultured even to vulgarity, they had all the virtues as well as the
vices of the Homeric heroes.
It is difficult to trace the origin of these men of the frontier,
for they came from all nations, from England, Ireland, Germany,
and Holland. There was also a strong strain of Scotch-Irish
blood from western Pennsylvania. Som.e came from respectable
families of the eastern settlers; many had fled to the West to
escape the consequences of crime; others were redemptioners.
Men of noble ideals mingled with those of the criminal class,
for the West asked no questions in regard to the origin and
past life of men, provided they were courageous and could wield
an axe and fire a gun. W^hat was needed were men, and they came
from ail classes. The love of the frontier with its excitement was
in their blood and they came to fight the Indians, to quarrel among
themselves, take up the land, winning it from the Indians and
from nature in a way that no other men could have done so well.
The well-controlled colonies of the French with their many pro-
hibitions on individual initiative had failed where the splendid
self-reliance and personal assertiveness of the American pioneers
succeeded.
The men trained under the French system now came in con-
tact with this different race of beings. In the ensuing struggle
those best adapted to survive in the life of the backwoods had an
advantage which they used without restraint and without com-
INTRODUCTION Ixv
passion, and the French gave way before the egoism of the Ameri-
cans, for whom they were no match. There was little to unite
these discordant elements. The French were Catholics; the
majority of Americans, Protestant, and the Calvinistic blood of
the Independents and Presbyterians still ran warm in the veins
of the pioneers, although they may have long ceased to feel the
restraining influence of religion. For them the Catholics were
enemies, as they had been on many a battle field of the Old World.
The French lived on good terms with the Indians, the pioneer
knew no good Indian save a dead one. With unremitting and
relentless watchfulness they waged that war of extermination
until the Indian was driven from the coveted prairies. The
friends of the foe who had murdered with such cruel barbarity
father, mother, sister, and brother of these stalwart pioneers
were not to be trusted, and at every Indian uprising the French
people were suspected. The French had been educated to
respect the law and to obey the magistrates. With their little
difficulties they were accustomed to run to the constituted au-
thority for redress. The frontiersmen preferred to execute their
own law and in any dispute were themselves judge, jury and
executioner. Let a disagreement arise and there followed that
terrific fight in which no rule was known, no end was allowed,
save the yielding of one party to the greater physical strength of
the other. Kicking, throttling, gouging of the eyes, biting were
all permissible. In such a struggle the greater strength and
weight of the American had a distinct advantage over the French-
man. Hence that contempt for the smaller race which is so
marked in the attitude of the pioneer for his French neighbor.
No better example exists of their differences than in their manner
of life. The frontiersmen preferred the isolated log cabin, built
without the least attempt at attractiveness; bare of furniture,
comfortless, ill kept, life here was unlovely, individualistic, and un-
social. Even when forced for safety to seek the shelter of the
stockade, they brought to the common life only the same qualities.
Amidst the stench of cattle and hogs in the enclosure, the young
were brought up with no conception of a quieter and more lovely
Ixvi ILLINOIS HISTORICAL COLLECTIONS
life. The hero of the stockade was the strongest in the rough
and tumble fight, the surest shot, the killer of Indians. The
French were temperamentally the opposite; their mode of life
had more refinement, more attempt at aesthetic enjoyment, was
gentler in every way. Their little cottages in the village com-
munity surrounded by the picket fence, which enclosed a garden
with vegetables and flowers, set them apart as a people of different
ideas and civihzation.
It was over these two people who were now mingling in the Illi-
nois villages that Todd was called to rule. The soldiers of Clark
had answered nobly to his call to war against the British and
Indians, but it required other training than theirs to garrison
a village of peaceful citizens. When the spirit of self-abnegation,
which marked the army of backwoodsmen on the campaign,
had disappeared, the equality which reigned on the frontier reas-
serted itself and Clark's influence became only that of an equal.
The obedience yielded to him in an emergency and in the face of
danger was past, and the spirit of individual assertiveness was
again predominant.
The French had experienced the evils of this rule of the un-
trained militia from Virginia and Kentucky, and were glad to
be finally released from its petty tyranny. They saw with joy
the inauguration of the civil government, for the court would be
their champion against the soldiery ; and under the strong hand of
the lawcourt, an institution which the French were accustomed
to respect, order would again be restored and they would taste
the sweets of that liberty which Clark and Todd had promised
them. The court was French, and it is to this institution that the
"villagers" clung throughout the following years, for through it
alone could they hope to bring that freedom from military rule
which oppressed them.
The reverse of the picture must not be forgotten. The position
of the Illinois battalion was a very difficult one. The men were
in a country far from their source of supplies, surrounded by
hostile tribes of Indians, and unable to confer easily with the
officials in Virginia. They, therefore, were frequently forced to
INTRODUCTION Ixvii
act independently and their acts were not always confirmed by
the Virginia authorities. Their supply of money from the state
was also inadequate for the work they had to perform. This was
due to two causes : first because Virginia did not fully appreciate
the importance of holding the lUinois — that was a need better
understood by the Kentuckians ; second, the finances of the state
were such that there was no supply for this distant country. In
1780, Governor Jefferson wrote to Clark : " The less you depend
for supplies from this quarter the less will you be disappointed
by those impediments which distances and a precarious foreign
commerce throws in the way, for these reasons it will be eligible
to withdraw as many of your men as you can from the west side of
the Ohio leaving only as many men as will be necessary for keep-
ing the Illinois settlement in spirits, but we must accommodate
our measures for doing this to our means."^ In the previous
year the situation was only a little better. It was the necessity
of holding the country at any cost that forced upon the men of the
West the use of measures which bore with harshness on the
French, measures which were often cruel and brutally carried
out. That they held the territory for America is their excuse.
The French were not the only ones to suffer. Clark never re-
ceived just recompense for his labors, and many personal debts
which he incurred for the cause were never paid. Many of his
officers suffered in the same way and found themselves financially
embarrassed by their devotion to the American interests.
No sooner was the court of Kaskaskia established than it took
up the cause of the French and attempted to put an end to the
anarchy which threatened. In a memorial to John Todd of the
twenty-fourth of May, 1779,^ the justices told their grievances and
demanded reforms: First, ''The soldiers of Fort Clark go into
the commons of this place to hunt the animals of the undersigned
petitioners and without giving heed to the brandings or to whom
they may belong they have enclosed them in the fort and killed
them without giving notice to anyone. Such acts have never been
1 Dr. MSS., 29J14.
^Kas. Rec, Pol. Papers. Original MS. Translation by the editor.
Ixviii ILLINOIS HISTORICAL COLLECTIONS
seen in this country before. It is contrary to all law and particu-
larly contrary to the usages and customs of an independent country
like this one, which has been announced to be free. In a place
where each should be able to do with his property what pleases
him and to enjoy it as seems good to him, the soldiers have killed
dray-oxen, milch cows, and other animals belonging to people
who can not subsist without them. It causes for some a lack
of means for the cultivation of the fields and for others a lack of
nourishment and subsistence for the family. We have always
been ready to furnish animals for the garrison in so far as it was
in our power and are still ready as far as we have resources. If
it is permitted that our beasts of burden be killed, how can
we cultivate our fields and furnish the needs of the garri-
son and those of our families? If such abuses continue,
which tend to the ruin of the colony, what will become of the
colonists ?"
The second subject of the m.emorial was against the sale of
intoxicating liquors to the Indians. They said that the French had
made an agreement not to sell any liquors to the Indians, as it had
been the cause of disaster to the colony and they begged Todd
to put an end to this trade. ^ The third subject was in regard to
trade with the slaves without premission of the masters. The
black law was still in force and forbade such trade, which was
nevertheless practiced and caused the slaves to be insolent and
disorderly.
On this last subject Clark had already issued an ordinance, and
at this very time there was in process the trial, which had begun
in the courts founded by Clark, of the slaves for poisoning.^ The
case was proved against two and a sentence of execution pro-
nounced against them, so that this kind of disorder from the slaves
received a check.
The subject of trade in Hquor with the Indians was apparently
regulated by the issuance of trade licenses; at least there are in
existence two such Hcenses, one of which is in this volume and the
1 Refers to the agreement under the Rocheblave administration. See supra, p. xxxii.
2 See post, pp. 4, 13.
INTRODUCTION Ixix
other may be found in John Todd's Record-Book} Since these
measures did not prove efifective, the court, on September 6th,
issued a proclamation prohibiting the sale of Hquors to the savages
and the buying of any commodity from slaves without permission
of their owners.^
The first subject was beyond the power of the civil government
and was never fully righted, for this grievance concerning the
killing of cattle belonging to the French appears in all subsequent
petitions of the inhabitants of the villages, whether they addressed
themselves to Virginia, to Congress, or elsewhere. The position
was a difficult one, and the soldiers left to shift for themselves
recurred again and again to this method of foraging. During
the summer of 1779 some steps seem to have been taken to stop
the abuse, for the officers complained several time of the lack of
supplies, and the imminent need of military seizure, which they
were forbidden to make.
There was another vital question in the lUinois which demanded
the attention of the county lieutenant. The land was fertile, and
he had every reason to fear that there would be a rush of settlers
to the county, which would now fall under the land laws of Vir-
ginia that permitted the greatest license to settlers in preempt-
ing land. The result in Kentucky had been land-speculation,
law-suits, and general anarchy. This Todd hoped to prevent in
the Illinois. The French settlers were always opposed to the
indiscriminate giving away of unpatented land and, in the peti-
tion of May 24th already mentioned, they called Todd's attention
to some adventurers who were taking up large tracts of land near
their village, and urged him to save at least the rich river bottom.
They did not know that the Virginia assembly in May, at the
time this question was under discussion in Illinois, had passed a
law forbidding settlements north of the Ohio river.^ Todd was
directly interested in the land question, as he had been appointed
the surveyor of the county by the corporation of William and Mary
* See post, p. 463; Mason, John Todd's Record-Book, Chi. Hist. Soc.'s Collection iv., 296.
2 Kas. Rec, Court Record, p. 238.
3 Hening, Statutes, x., 32.
Ixx ILLINOIS HISTORICAL COLLECTIONS
college.^ In the middle of June he "enjoined all persons what-
soever from making any New Settlements upon the Flat lands,
unless In manor and form of Settlem* as heretofore made by the
French Inhabitants untill further Orders given hereon."^ That
Todd had no intention of forbidding settlers in the prairies is
evident from the proclamation, and after Todd's departure neither
the incoming immigrants nor the officers of the troops paid any
heed to the Virginia legislation. In fact many Americans found
their way to the region and were welcomed by Clark, who believed
that the settlement of families was the best way to hold a country.
In 1779 Montgomery mentions the departure of several families
from Kaskaskia to form a settlement up a creek about thirty
miles.^
But it was not the single settler only who had to be watched.
No sooner had the news of the conquest of the Illinois reached
the East than the Illinois and the Wabash Land companies,
which had been formed diuring the British period,^ decided to
pool their interests and begin immediately to make settlements.
Only a few days after the Virginia assembly passed the act
creating the county of Illinois, on December 26th, William Mur-
ray on behalf of himself and the other proprietors presented a
memorial in which he set forth the fact of the purchase of
lands from the Indians and the purpose of making a settle-
ment as soon as the state of affairs in the West would permit. ^
In order not to allow the claim to lapse through non-occupancy,
the companies made, the next spring, preparations to form a settle-
ment on the Wabash, and appointed on March 26th John Campbell
as their western agent. ^ There was sent him a proclamation to
be published in which the most liberal terms were offered to
the first five hundred settlers in the town which it was proposed
^ Papers oj Old Cong., Ind. Papers, lvi., 97.
2 Mason, John Todd's Record-Book, Chi. Hist. Soc.'s Collection, iv., 301.
» Dr. MSS., 49J74-
* See supra, p. xxx.
5 Va. State Papers, i., 314.
^ Can. Archives, B., 184, vol. i., pp. 119 and 123. Todd found difl&culty in deciding what
to do about their title. Maaon, John Todd Papers, Chi. Hist. Soc.'s Collections, iv., 318.
INTRODUCTION Ixxi
to establish. The enterprise was not pushed further at this
time.
The next subject to engage Todd's attention was the paper
money. While on his way to Illinois, he had learned that the
issues of continental paper money of the dates May 20, 1777,
and April 11, 1778, were ordered to be paid into the continental
loan offices by the first of June, 1779, or they would become
worthless;^ but he hoped to obtain a longer time for the money
from the Illinois. Todd issued a proclamation on July 27th,
which he repeated on August 2 2d, setting forth the necessity
for depositing with him, the called-in emissions for which he
would issue certificates. In all between fifteen and twenty
thousand dollars were thus collected and deposited with the no-
tary; but nothing further was done with it.^ It was estimated
that there remained in the hands of the inhabitants twenty thou-
sand more notes of these issues, which were, of course, of no
value whatsoever. Another loss to the French came from the
large amount of forged money that was put in circulation. It
was a common practice, and an easy one, to counterfeit the con-
tinental and colonial paper and large amounts were carried to
the Illinois. This, however, was refused by Todd and the more
intelligent merchants. The result of all these operations was
that confidence in the paper money was greatly weakened until
the French refused to take it at all.
It was to buoy up the sinking credit of this paper that Todd
devised a scheme to call in a further amount, since he thought
the prime cause of its depreciation was the quantity in circula-
tion.^ On June nth he wrote to the Court of Kaskaskia the
iTodd to Clark, March 26, 1779, Dr. MSS., 49J33.
2 In 1790 Governor St. Clair found it still packed away in the notary's office. Amer.
Slate Papers, Pub. Lands, i., 20.
' The rapid depredation of the continental money in the year 1779 may be seen by this
schedule drawn up by Todd and Clark. (Journal of Northwestern Commissioner s,V2i. State
Library).
From the ist May till Col. Montgomery's Arrival in June Kas. St. Vine. Koho.
at Kaskaskia One Specied[?] Dollar was equal to s or 6 3^ 4
From 10 June till ye 10 July during the time ye Reg. was at
Kaskaskia & on the way to St. Vin. 10 4? 5
From the loth July till the Middle Augs. lo 4 to 8 6
from IS Augs. till ist Oct. 15 8 to 12 8
from ist Oct. till 15 Nov. to 30 to 15 10
Ixxii ILIJNOIS HISTORICAL COLLECTIONS
following letter: "The only method that America has to sup-
port the present just War is by her Credit. That Credit at pre-
sent is her Bills emitted from the different Treasuries by which
she engages to pay the Bearer at a certain time Gold & Silver
in Exchange. There is no friend to American Independence
who has any Judgment but soon expects to see it equal to Gold
& Silver. Some disaffected persons & designing Speculators
discredit it through Enmity or Interest; the ignorant multitude
have not Sagacity enough to examine into this matter & merely
from its uncommon Quantity & in proportion to it arises the
Complaint of its want of Credit.
"This has for some years been the Case near the Seat of War;
the disorder has spread at last as far as the Illinois & calls loudly
for a Remedy. In the interior Counties this Remedy is a heavy
Tax, now operating, from which an indulgent government has
exempted us. one only remedy remains which is lodged within
my power that is by receiving on behalf of Government such
sums as the people shall be induced to lend upon a sure fund &
thereby decreasing the Quantity."^ The plan as he set it forth
was to borrow 33,333^ dollars of Treasury notes, whether of
Virginia or the United Colonies, on certificates for 21,000 acres
of land near Cahokia. The lender was obliged to make a loan of
at least $100, for which he or his heirs should be entitled to demand
within two years a title to his allotment of land, or the sum origin-
ally advanced in gold or silver with 5 per cent interest per annum,
at the option of the state.
This project met the approval of the governor and council
but had to be brought before the assembly for confirmation.^
Todd in the meanwhile appointed commissioners to receive the
money and large sums were paid in and sealed up, for which
certificates were issued. The matter stopped there, for nothing
came of the project except the exchange of the paper for the
certificates.^
1 Mason, John Todd's Record-Book, Chi. Hist. Soc.'s Collections, iv., 297.
2 Va. Stale Papers, i., 326.
'Mason, John Todd's Record-Book, Chi. Hist. Soc.'s Collections, iv., 298 et seq.; Dr.MSS.,
46Jso-
INTRODUCTION Ixxiii
Although Todd had been compelled by law to take up the
recalled emissions and to refuse the counterfeits and this last
scheme for bolstering up the credit of the paper currency was a
common enough one in his time, the effect of all these transactions
was to throw further discredit on the currency and make the
purchase of provisions for the army almost impossible. For
this he was held responsible and roundly denounced by the army
officers, who had themselves been the most at fault in passing a
depreciated currency at par value, a deceit which caused the
French to lose all faith in their money and their word. The blame,
however, had to be placed on some one and the head of the civil
government was the victim. The animosity thus aroused re-
mained long after Todd had left the Illinois and had met his death
at the battle of Blue Licks. Sometime after 1790, William
Shannon, who was in 1779 commissary in the Illinois, wrote of
thefee transactions: "it was owing to the false suggestions of Col.
Todd, a gentleman who came to the Illinois in the month of May,
1779, in character of chief magistrate, who I believe by his reports
to government as well as by his transactions while in the Illinois
country had done great injury to the inhabitants. Immediately
after his arrival His policy was to put a total stop to paper credit
which he did by putting the paper money he found in the hands
of the different Individuals under cover and sealing it up (where
a great part of it still remains) and giving the holders thereof a
certificate specifying that he had Inclosed under his Private
Seal paper bills of Credit to a certain amount and for which he
promised them (as he said they had been imposed on) lands in
proportion to the money they brought to him to secrete for them
.... this proceeding put a total stop ever after to paper credit in
that country."^
This was the explanation of Todd's actions in the military
circles. Unjust it was and false; but Todd found himself, as
he tried to protect the French, more and more in opposition to
the military department. And yet he could not assume the leader-
ship of the French party, because of his duty to the American
1 Dr. MSS., 46JS0.
Ixxiv ILLINOIS HISTORICAL COLLECTIONS
cause and of the necessity of maintaining control of the territory at
any cost. There was nothing left for him but to attempt media-
tion, which was foreordained to failure. On September i8
Richard McCarty, who was captain of the company stationed
at Cahokia, wrote Todd: ^'I dont see yet through the designs
of a few dispicable Inhabitants who say they are authorized by
you, to parade themselves in the fields Distroying My property
when there are Numbers of other hogs in the same place ....
Indeed unless there is Soon a Change for the Better me nor my
Soldiers will have no Business hear. Neither can we stay half
Naked, what we are paid with Call'd down by the Civil power. "^
The same writer was more open in expressing himself to Colo-
nel Montgomery: ''Colo. Todd's Residence here will spoil
the people intirely for the inhabitants no more Regard us than a
Parcel of Slaves." He also says it would be a good thing to get
Todd out of the country, ''for he will possitively Sett the Inhabi-
tants and us by the Ears .... In some complaints by the
Inhabitants the other day he wished that there wasn't a soldier
in the country I have never Seen the people of this place
So Mutinous as they are by the encouragement of Colo^ Todd,
for they even begin to threaten to turn my men out of Doors
and god knows what I shall do If they do for we are not Above
20 Strong and them Sick that I could depend on So they may
Starve us if they like."^
This outspoken opposition of the French made its first appear-
ance at Cahokia, possibly because the people of the village were
more independent and self-reliant, but probably because there
never was a large garrison in the village and it was far from the
seat of government, Kaskaskia. Then too the captain in com-
mand was well known, having been a trader in Cahokia* some
years before the coming of the Virginians. His rapid promotion
in the army had somewhat turned the head of this Irishman from
Connecticut, and he was overbearing and arrogant in his
relations with the people.^ In a moment of anger he once told
* See post, p. 615.
2 See post, p. 616.
3 For biographical note on McCarty see post, p. 2, n. 3
INTRODUCTION Ixxv
them that he wished he was commander in chief of their village
and he would send some of the inhabitants in chains to Virginia. ^
Todd had no very good opinion of McCarty and later told the
governor that he had "rendered himself disagreeable by endea-
voring to enforce Military law upon the Civil Department at
Kahos."2
The military had causes for complaint, although these were
not due to Todd. The soldiers were ill fed and badly clothed
as the means of supplying their needs began to fail. In Septem-
ber, Captain John Williams wrote, ''provisions is very hard to be
got without Peltry,"^ and in the same month Colonel Montgomery
wrote to Clark : "I cant not tell what to do in Regard of Clothing
for the Soldiers as the Goods you wrote to me is gon .... and
I would Be Glad that if it is in your power to Send a Relefe to
me for the Soldiers if it is onley As Much as will Make them A
little Jump Jacote [Jacket?] and a pear of overalls I think they
Mite Scuffle threw. But in Regard of lining there are Bad of,
But if I had Som Strouding I Could Exchang it for lining on the
other Side as The [sic] have all Redy offered it to me."* Mc-
Carty's tale of troubles at Cahokia was even worse; for the sol-
diers were deserting daily because of the lack of clothing.*
Thus the question of the support of the troops had become
the vital issue between the civil government and the army.
The French were unwilHng to part with their goods without
some assurance of payment, for they had learned from sad
experience, and the deception in regard to the money was not
the only one. Many of the bills drawn on Oliver Pollock at New
Orleans or on the treasury of Virginia by the officers were coming
back protested. Even when merchandise instead of money or
drafts was promised, the French were disappointed. The
experience of Gabriel Cerre is one that occurred not once but many
iSee post, p. 543.
2 Mason, John Todd's Record-Book, Chi. Hist. Soc.'s Collections, iv., 335.
3 Dr. MSS., 49J73.
* Dr. MSS., 49J74- The punctuation and spelling are printed as they are in the original.
6 See post, p. 6 IS
Ixxvi ILLINOIS HISTORICAL COLLECTIONS
times. In a letter to Clark he explained that he had used his
credit to purchase supplies for the troops on the promise of the
commissary Shannon to repay him in merchandise, which was now
refused him.^ No wonder the inhabitants felt they could do no
more. They had furnished their goods and had even taken
on themselves obligations in order to make the expedition of
Clark a success. This they had done when Clark and his men
first surprised lUinois in the summer of 1778. They had also
fitted out the Vincennes expedition in the winter with supplies
as well as with soldiers. In the summer of 1779, Clark had
organized a campaign against Detroit which never took place,
and again the French were ready with supplies and volunteers.
They were now to be called on once more to sell their goods
without hope of pay, and this brought on the crisis that proved
to Todd the illusiveness of his mediation and the impossibility of
the maintenance of a civil government.
After the failure of the Detroit expedition the troops were
assigned for the winter to the different villages, which they reached
in August. Colonel Montgomery was placed in command of
the Illinois ; Captain John Williams was stationed at Fort Clark
in Kaskaskia, Captain Richard McCarty, at Fort Bowman in
Cahokia, and Captain Shelby at Fort Patrick Henry in Vincennes. ^
Preparations were immediately made to collect supplies for
the winter and the compaign of the following spring. Hunters
were sent out to obtain meat, and the ofi&cers were instructed to
purchase provisions from the inhabitants. To this end, Todd, on
August II, issued a proclamation inviting the inhabitants to make
contracts with the commissaries for flour. Knowing the attitude
of the people he felt the necessity of adding: 'Tf I shall be
obliged to give the military permission to press, it will be a disad-
vantage, and what ought more to influence Freemen it will be
a dishonour to the people."^ Nine days later Colonel Mont-
gomery tried the effect of his eloquence and proposed that one
of the citizens should be appointed contractor to assess the inhabi-
1 Dr. MSS., 49JS9-
2 Clark's general orders, Va. State Papers, i., 324; Letter of Montgomery, Ibid, iii., 441.
3 Mason, John Todd's Record-Book, Chi. Hist. Soc.'s Collections, iv., 305.
INTRODUCTION Ixxvii
tants for the benefit of the service, and he adds: "The com-
plaint of the worthlessness of the money will not last long, I hope,
but in the meantime I am certain that all good compatriots will
set about assisting the garrison, seeing that it is so many years
that their fellow patriots have carried on the war and fought and
received their pay in this same money. In order to remedy the
difficulty in regard to the counterfeit money, letters of exchange
will be given for all kinds of supplies."^ Two days later Todd
prohibited the exportation of any provisions from the Illinois
for sixty days. ''The offender herein shall be subjected to im-
prisonment for one month and more over forfeit the value of
such exported Provision.'' This was not the first time that an
embargo had been laid on exportation, for two months before
the court of Kaskaskia had prohibited exports without the con-
sent of the commandant.'
The result of these measures was that the justices of the
court of Kaskaskia assessed the inhabitants of the village accord-
ing to their wealth, and by August 31 there had been delivered
into the storehouse 54,600 pounds of flour and a promise of
1600 pounds more had been made.^ This amount was consider-
able, but not sufficient to support the large army that Clark ex-
pected to put in the field the following summer. Other efforts
were therefore made to induce the people to part with further
supplies, and Montgomery's eloquence was again called into use.
The effect of this second appeal is told in a report to Clark on
October 2d. "Since I receved your letters I have Made a second
Trial in Regard of laying up a Sufficant Quantity of provision
But it seems to no effect as the [sic] aGain Repete to me that
themselves and Negroes is neaked and Without I can suply them
with Goods or peltry it will be out of their poer to Supply Me in
More then What the Already have promised Me which will not
Be over half enuf to Supply An aremey. But Sir as you inform
me that you have The disposing of the Goods that Colo Rogers
^ Kas. Rec, Letters. Translation by the editor.
2 Mason, John Todd's Record-Book, Chi. Hist. Soc.'s Collections, iv., 306; Kas. Rec
Court Record, p. 232.
3 Furnished by twenty-seven inhabitants, Dr. MSS., 46J17.
Ixxviii ILLINOIS HISTORICAL COLLECTIONS
tuck up to the Falls if you thot proper to Send a Quantity of them
Back to Me for that purpose or a Quantity of dear Skins with
what peltrey I have Got from Colo Todd I think it then Would
Be in My power to furnish a Quantity Sufficant for the Supply
of a thousand Men Six Months, if you dont think proper to
send them Send Me perticuler orders in Regard of teaking it by
force and your orders shall be puntley obed. Sir if you Sh think
of Sending them, the sooner the Better as I have Eshued a pro-
clamation prohabiten them to transport aney provision of aney
Space what Ever till Such times I have answer from you not
letting them know that There is aney Expectation of anything of
that kind."i
Todd had meanwhile been making efforts to supply the
deficiency with some success. In the latter part of September
he was in Cahokia and purchased a large amount of peltry from
M. Beauregard of St. Louis, for which he paid as high as three
livres per pound, a price which was regarded as excessive.^ A
draft on the treasury of Virginia was given for this. It was
this peltry that Montgomery had been counting on to pay some
of the debts to the French at the Illinois. Todd preferred, how-
ever, to reserve it for future emergencies and declared that the
troops must be maintained by the credit of the state. Todd's
persistence in this policy caused his administration to end in
failure, since, in maintaining it, he found he could no longer
protect the people from military levies. Since Montgomery
had failed in every attempt to wrest more from the people, he
turned the business over to Todd who said: "that he Would
Call a counsel of the inhabitants and Compel them to furnish.
But when the Met the punkley denied him, he then told Them
if the did not Comply he would Give them up to the Militery and
Quit Them, the answered him the were well aGread to that
& So parted."^
1 Dr. MSS., 49J76.
"^ Jour, of Northwestern Com., Va. State Lib.; Mason, John Todd Papers, Chi. Hist,
Soc.'s Collections, iv., 348, 358.
3 Montgomery to Clark, October 5, 1779, Dr. MSS., 49J78.
INTRODUCTION Ixxix
The disappointment of Montgomery at this outcome appears
very genuine, and he was not sure what to do next. He asks
Clark: "with what Face Can I pretend to Seas on those people
provisio When the know that we have Got the peltrey and will
not Give it to Them and our Money is of no acount to Them
and our Bills Comes Back protested. The have Greate Reason
to think that We onley intend to Baffle them but Sir you May
depend that I will do Every Thing in My power and am detrmed
[sic] to have the provision as I have demanded Every Bushel of
Every Space the have to Spare. "^
Todd left Illinois in November,^ shortly after his failure, and
returned to Kentucky, leaving as his deputy, Richard Winston.
He had become discouraged and had begged to be permitted to
resign as early as August 13, 1779, giving as his reasons the
unwholesome air, the distance from his connections, his unfamii-
iarity with the language, the difficulty of procuring many of the con-
veniences of life, and the impossibility of accompHshing his pur-
poses with the means at hand.^ He had not been agreeably
impressed with the Illinois, where he had suffered a severe sick-
ness and been obliged to put up with much that was disagreeable.
He voiced the sentiments of many Americans of his time when he
wrote, "I prefer Kentucky much to this Country either for the
ambitious man, the retired farmer, or the young merchant."*
In leaving he did not resign his position of county lieutenant, but
retained it at least through the next year."* It has been an open
question whether Todd ever returned to Illinois after 1779; but
a letter written from Vincennes on March 10, 1780, in which he
1 Dr. MSS., 4gj78.
2 On November 15, Todd was in Kaskaskia evidently expecting to start for the Falls. '
(Fa. Slate Papers, i., 358). On December 19, he wrote from the Falls to Charles Gratiot.
(See post, p. 617).
3 Mason, John Todd Papers, Chi. Hist. Soc.'s Collections, iv., 319; Dr. MSS., 23J103.
*Todd to Fleming, August i8, 1779, Dr. MSS., 23J103.
5 This is an unsettled question. His successors in the Illinois continued to be called
deputy county lieutenants. Wickliflfe in Morehead, Settlement of Kentucky, 174, implies that
he did not resign but returned to the county several times. On April 15, 1781, Todd wrote
to Jefferson that he still received complaints from Illinois. (Va. State Papers, ii., 44). On the
other hand he refused to give orders in regard to a consignment of goods to him as county
lieutenant on Nov. 30, 1780. {Ibid, 1., 393).
Ixxx ILLINOIS HISTORICAL COLLECTIONS
expressed the intention of going to Kaskaskia the next day leaves
no doubt that he was at the former place and makes it probable
that he was in the latter. ^ Whether he went or not, he left no
evidences of his stay, for affairs by that time had passed far be-
yond his control. Later he thought of returning, for, in 1781,
learning that Virginia was planning to give up Illinois to the
United States, he offered his services as surveyor in that country,
a position he had previously held.^ After his departure the civil
officers and the French still kept up a correspondence with him,
and his interest in the affairs of the distant county ceased only
with his death.
As we have seen, one of the last acts of Todd was to deliver
the inhabitants into the hands of the military, since the civil govern-
ment had failed in its principal mission, the maintenance of the
troops. Thereafter the army was to collect its own supplies.
The method employed by Colonel Montgomery during the subse-
quent weeks is clearly shown by the following petition which was
signed by a large number of the inhabitants of Kaskaskia on
December 8, 1779: "To the Magistrates of the district of Kas-
kaskia, Gentlemen: We ask of you in whom we put our confi-
dence and whom we have elected to govern this country according
to the laws which you have caused to be announced to us in your
office, is it not full time that you put an end to the brigandage
and tyranny which the military have exercised among us so
long? Should not the military be content to see that we are
depriving ourselves of every necessity in order to furnish their
subsistence and have not left ourselves sufficient for the sup-
port of our families and of our slaves, from whom we can not ob-
tain any service in a season so severe? Can we with tranquil
eyes see the animals, most necessary for agriculture and other
work, killed every day ?
"You have a sure means, gentlemen, of putting an end to
such disorders; but can we even address you in the hope of
causing you to see some glimmer of that liberty which has been
1 Dr. MSS., S0J80.
2 Papers of Old Cong. Ind. Papers, Ivi., 97.
INTRODUCTION Ixxxi
so often announced, when you are acting in concert with those
who oppress us by taking from us the means of living and from
themselves also ? We do not believe that it is necessary to report
to you in this petition the subject of our complaints, since all the
grievances have taken place before your eyes.
" Furtiiermore you ought to perceive, gentlemen, that the
famine has begun to be felt in this country and that we can with
difficulty supply with food those who truly merit rations on
account of their service and should not be obliged to nourish
and warm the useless members of the state. You ought to
demand an exact statement of the number to receive rations in
order that, when the troops shall have need of asking you there-
for, you can deliver what is right.
" Furthermore, notice, gentlemen, that there are in this village
only about ten houses which can make remittances and that they
are believed to be richer than they really are. We are born free
and we wish to enjoy the liberty of true citizens.
"You ought also to observe, gentlemen, that this village has
supported all the burden and expense since the arrival of the
Americans and that the other villages have felt no burden or a
very little. We hope that you will make them contribute to the
maintenance of the troops, since they are better able than we are
according to their number. "^
The magistrates took action the next day and embodied the
substance of the foregoing complaint to them in a demand on
Colonel Montgomery to put an end to the grievances. They
pointed out that many useless slaves were being supported in
the fort, and that there was a great waste of firewood. Their
authority to make this demand was set forth in the following
words: "Since our duty exacts that we watch over the public
safety and at the same time over the American welfare, we demand,
sir, that from now on the troops shall not have the authority to
take anything at the houses of the inhabitants without an order
from us according to article 13 of the declaration of rights by the
assembly of Virginia ; which assembly has authorized us to main-
^ Menard Col., Tard. Papers, a copy by the Kaskaskia clerk. Translation by the editor
Ixxxii ILLINOIS HISTORICAL COLLECTIONS
tain the people of this country in all their rights and liberties.
It is there set forth that the military ought to be under the most
complete subordination to, and be governed by, the civil power,
to which declaration up till to-day the military has given no
attention.
"We hope, sir, that you will give attention to our just repre-
sentation without forcing us to the disagreeable duty of being
obliged to appeal to his Excellency, the Governor, and to the
Honorable Assembly of Virginia."^
Montgomery paid no heed to this memorial or to the threat of
appeal to the governor of Virginia. He regarded their demand
for a statement of the number of those who were supported in the
fort as an insult and an impertinence, and ordered his troops to
go from house to house to collect whatever they required, and to
shoot the animals on the commons. There were at the time
only thirty-eight soldiers in the fort, but with these there were
many Americans who had come with their families ^o settle, and
also slaves, all of whom the inhabitants were compelled to sup-
port.^ The winter was a very hard one, the most severe that
had been known for years, and the suffering of the people was
very great. ^ In spite of this Montgomery proceeded to harsher
methods. There is in existence a letter written by him to Deputy
County Lieutenant Winston, on March 5th, which shows to what
lengths he was ready to go in order to obtain the supplies which
he needed. After making the usual demands, he says: "and
before that I suffer as much more, I beg you would inform them
to put their Guns in good order, as I dont want to take them at
any disadvantage. As if they dont furnish I shall look on them
as Traitors to the cause of america, and Treat them Accord-
ingly.""
Montgomery took the hint in regard to the other villages,
however, and went to Cahokia in January, 1780, where he de-
1 Menard Col., Tard. Papers, copy by Kaskaskia clerk. Translated by the editor.
2 Memorial of people of Kaskaskia, to governor of Virginia, May 4, 1781, Menard Col.,
Tard. Papers, original MS. with signatures.
3 Can. Archives, B., 100, p. 370; Va. State Papers, i., 338.
* Menard Col., Tard. Papers. Copy, evidently in Winston's handwriting, and certified
by the clerk and Winston.
I
INTRODUCTION Ixxxiii
manded supplies on the ground that the other villages had given
in proportion to their wealth. The court of Cahokia agreed that
a census of the population should be taken and each person com-
pelled to furnish supplies according to his means. The Caho-
kians did not have so much cause for complaint as the people
of Kaskaskia, for during this winter there were no troops quar-
tered in their village. They preferred no doubt to pay the tax
rather than to bring upon themselves a return of the evils they
had suffered during the preceding fall, when they had been com-
pelled to receive the troops into their homes, to furnish all supplies,
and finally to submit to the seizure of the flour in their mills, which
were then sealed with the seal of Virginia. Such acts had alienated
the Cahokians, who had been excited to deeds of heroism and
self denial under the leadership of Joseph Bowman in the winter
of 1778-1779.*
When the change of government had failed to satisfy the French
and the presence of the soldiers had led to disorder and tyranny,
there began a steady stream of emigration to the Spanish bank,
which ended in almost depopulating some of the villages of the
American Bottom. Among the emigrants were the most impor-
tant and progressive of the French inhabitants. One of the
first to leave was the richest and foremost citizen of Kaskaskia,
Gabriel Cerr^, who emigrated to St. Louis either in the fall of
1779 or the following winter. Charles Gratiot of Cahokia soon
followed his example, and many others went with them "to seek
an asylum where they find the protection which is due a free
people. "2 Without their leaders the French were less able to
hold their own than before. They, however, made their appeal
to Virginia, and numerous were the petitions of individuals for
the payment of what was owing them. About this time an agent,
one Lajeunesse, was appointed to represent the French interests
at the capital; but nothing was accomplished, for Virginia had
no money to use for investigation or to pay claims, however just,
1 See post, pp. 35, 547, 610.
2 Menard Col., Tard Papers, Memorial of Kaskaskians, to Va. Commissioners, March
1783. Original MS.
Ixxxiv ILLINOIS HISTORICAL COLLECTIONS
against her.^ In fact it was at this time, as we have seen, that
Jefferson wrote to Clark that it would be necessary to with-
draw as many of the troops as possible from the territory north of
the Ohio, for he need expect no help or supplies from the state.^
The people of Illinois did not receive, at this gloomy moment,
that assistance from their own ofl&cers against their oppressors
that they had a right to expect. Instead the justices of Kaskaskia
seem to have tried to gain what personal advantage they could
from the situation. In the midst of the troubles and poverty of
the winter, when the people were attempting to withstand the exac-
tions of Montgomery, the justices of the court were demanding
pay for their services.^ The magistrates found their office, more-
over, sufficiently lucrative to wish to retain it; for, when the
time came for a new election, none was held, and, with a few
changes to fill vacancies, the justices remained the same for over
two years. This irregularity is striking when compared with
the annual elections for the court at Cahokia. But Kaskaskia
was not alone in troubles of this character; the original justices
at Vincennes clung to office until 1787.'*
The court was also accused by Jean Girault, state's attorney,
with being lax in the performance of its duty. Many settlers
were straggling into the colony and taking up land both within
the village by purchase and by grants from the court of unpatented
lands, a custom which had been permitted by Todd and continued
by his successors. The situation was such that the government
in the Illinois could not give heed to the general law of Virginia
forbidding this practice; for the immigrants were there, fre-
quently with their families, and had come without making pro-
vision for the future, should they fail to receive land to cultivate.^
Clark himself had frequently approved of protecting the infant
colonies by this means, and the officers of Virginia were among
the first to accept grants from the court. One of the earliest
1 Dr. MSS., 50J54.
^ Dr. MSS., 29J14; see also supra Ixvii.
3 Dr. MSS., S0J5. Original MS.
* Dunn, Indiana, passim.
8 Dodge to governor of Va., August i, 1780, Va. State Papers, i., 368.
INTRODUCTION Ixxxv
records of a land concession of this character is that of one made
to Colonel Montgomery. The Indian agent, John Dodge, re-
ceived in the year 1780 several such patents. ^ Very few of the
French seized the opportunity to obtain such concessions at Kas-
kaskia and the number was even less at Cahokia, provided no
account is taken of Prairie du Pont to which Cahokia had another
title. It was not against this practice of conceding land that
Girault inveighed; but he critised the court's laxity in not invest-
igating the past of these individuals, who were making their homes
in the community, to learn if they were British agents, and its
neglect to demand of them the oath of allegiance to the United
States and Virginia. He urged the justices to compel all strangers
to take this oath immediately or he would be obliged to report
them to the authorities. He advised them to avoid such a neces-
sity, for their position was very critical, since they had many
enemies.^
Girault gave his attention to the execution of the law in other
particulars. He forbade the justices to arrest parties without
proper hearing, and tried to help them keep the peace by persuad-
ing Montgomery to permit the civil authorities to use the military
prison so that their commands would be obeyed, a privilege which
Montgomery later withdrew.^
That protection from military oppression, which might have
been expected, was not given by the deputy county lieutenant
appointed by Todd. Perhaps it was too much to expect that
Winston should succeed where Todd had failed, but at least
some opposition to the military exactions should have been
attempted. The character of Richard Winston is a difficult one
to read, for our knowledge of him depends on the pen pictures
drawn by his enemies, and these are not flattering. He came
originally from Virginia and had been in Illinois since early in
the British period." With other traders he had suffered losses
^ Kas. Rec, Land Grants.
2 Kas. Rec, Letters. Original MS.
^Kas. Rec, Letters. Original MSS.; Winston to Todd, October 24, 1780, Va. State
Papers, i., 381.
*He was one of the original members of the Indiana Co., Va. State Papers, vi., 4. See
Jenning's Journal, March 10, 1766, Pennsylvania Hist. Soc.'s lib.
Ixxxvi ILLINOIS HISTORICAL COLLECTIONS
in the Pontiac war. With Kennedy he was an agent for George
Morgan, and had won the favor of Clark at the time of the occu-
pation of Kaskaskia. His nature seems to have been one to
inspire distrust rather than confidence, for he was suspected
of dishonesty by every man with whom he had business or politi-
cal relations. His partner Kennedy suspected him of having
sold the cargo of a hatteau at New Orleans and pocketed the
proceeds.^ Murray feared that he was going to play the rogue at
one time.^ Todd left the peltry fund which he had obtained in
St. Louis in charge of Winston and Montgomery, and both these
financial geniuses made the gravest accusations of dishonesty
against each other.^
From the fall of 1779 till January 1783, Winston was on ac-
count of his position one of the chief men in the Illinois, and in
many ways he might have promoted a happier feeling between the
French and the Americans. Instead he seems to have done all
in his power to intensify the mutual distrust* at least such was
the opinion of the best citizens.'' He had managed to hold
together that party which had formerly regarded himself, Murray,
and Bentley, as leaders against Rocheblave ; and under him this
party had gained some accessions.^ Certainly later the clerk of
the court, Carbonneaux, became one of his adherents, as did the
important Langlois family and also Winston's successor in the
county lieutenancy, Timothe de Monbreun. But the real leaders
of the French inhabitants were decidedly hostile to him, and he
counted among his opponents some of those who had ardently
desired American supremacy and had joyfully welcomed Clark.
From the sources of information we can judge that Winston's
affiliations were always shifting, and it is difficult to find just where
he stood at any one time. That he was jealous of the power
wielded by the military is unquestionable, but it seems to have
1 Kas. Rec, Court Record.
2 Murray to Bentley, May 25, 1777, Mich. Pio. and Hist. Col., xix., 418. The date is
wrongly given as 1779.
3 Mason John Todd Papers, Chi. Hist. Soc.'s Collections, iv., 335, 339; Dr. MSS., 50J9.
* Memorial of Principal Inhabitants to Va. Commissioners, Menard Col., Tard Papers.
Original MS.; Dodge to Clark, March 3, 1783, Dr. MSS., 52J78.
6 See supra, p. xxxvi.
INTRODUCTION Ixxxvii
been his policy never to take a decided stand, unless he was
compelled to do so or saw that some personal advantage would
accrue thereby. His relation to Montgomery was hostile, for the
two men distrusted each other; but outrageously as they abused
each other, the French were always firmly persuaded that Winston
was betraying them to the military.
The military situation in the spring of the year was a gloomy
one; the time of service of most of the troops had expred, and
there was little chance of recruiting more; there was no hope of
financial aid from Virginia, and the supplies in the villages of Illi-
nois were exhausted. It was also known that preparations were
being made by the British for a concerted attack on the western
posts. Under these circumstances there seemed nothing for Clark
to do but evacuate the country, leaving a few troops to keep up
the courage of the French. He consulted with Todd, after a rapid
survey of the posts had been made by the latter, ^ and they decided
to concentrate the few troops at their disposal at a fort to be built
at the mouth of the Ohio. The spot that was finally chosen, and
where Fort Jefferson was erected, was a place called the Iron
Mines south of the river's mouth.^ All the troops at Vincennes
were recalled and commissions were sent to the French to raise
a company and take possession of Fort Patrick Henry.' Orders
were also given to Montgomery to retire most of his troops from
the villages. But before the preparations for the evacuation of
the country could be carried out, news came that the British were
already approaching. This expedition was part of a general
attack, planned by the British on all the Spanish posts of the
Mississippi River in order to prevent any assistance's being given
to the Americans by Spain, which had declared war on England
the previous year. The British troops from the north and south
were to move simultaneously in the spring of 1780, and it was
hoped that all the villages from New Orleans to St. Louis would
be captured. The energy of Governor Galvez of New Orleans
1 Todd to Clark from Vincennes, March lo, Dr. MSS., 60J80.
2 The letters of Clark and Todd are in Va. State Papers i., 338 and 358.
« Va. State Papers, i., 358. '■
Ixxxviii ILLINOIS HISTORICAL COLLECTIONS
in successfully attacking the British posts on the Gulf during the
fall of 1779 and the spring of the next year frustrated the southern
plan; but the expedition of the north against St. Louis and
the villages held by Clark was made ready, and in the spring of
1780 was under way.^ The British had hoped that their move-
ments were unknown, but during the winter the Cahokians had
noticed the activity of the British agents among the Indians, and
by the beginning of April they had been warned of the approach-
ing enemy. On the eleventh of that month they sent Charles
Gratiot to Clark, who was at the time building Fort Jefferson, to
ask his assistance. At the same time the Spanish commandant
and Montgomery wrote him news of the approaching danger. ^
Montgomery hastened to Cahokia, where he was immediately
joined by Clark just in time to repel the attack. The Spaniards
were equally successful at St. Louis. Clark would have given
them assistance, had not the strong winds prevented the signals
from being heard. ^
Throughout the summer of 1780 the people were continually
alarmed by accounts of Indian attacks and rumors of others.
Fort Jefferson underwent a severe siege ;* the people of Kaskaskia
repulsed a large band of Indians on the 17th of July;^ and the
inhabitants of Cahokia made common cause with the Spaniards
to defend themselves against an expected attack the following
month. ^ Thus at a time when Clark's position was desperate the
French inhabitants gave him signal aid, without which the
Illinois would have been lost. It was with a company of 300
French, Spaniards, and Americans that Montgomery marched
northward to make reprisals against the Indians around Rock
River, and, if we are to believe the Frenchmen, the failure of that
1 Mich. Pio. and Hist. Col., ix., 544; Can. Archives, B., 43, p. 153; this vol., p. 531, 539;
Gayarre Hist, of Louisiana, iii., 126 et seq,] Hart. Amer. Nation, ix., 285.
2 Mason, John Todd Papers, Chi. Hist. Soc.'s Collections, iv., 354; post, p. 531.
3 The most important documents of the Hald. Col. in regard to this attack have been
printed in Mo. Hist. Soc.'s Collections, ii.. No. 6.
< Sec post, p. 619.
fi Va. State Papers, i., 368; Can. Archives, B., 10©, p. 430.
^ See post, p. 59, 61.
INTRODUCTION Ixxxix
expedition was due to Montgomery's incompetence.^ Meanwhile
Clark led the expedition against the Shawnees, an expedition
which might have been more successful had not a series of events,
beginning at Vincennes, led to a further estrangement between
the French aild Americans and induced the French at Vincennes
to give the Indians information of the movements of the Ameri-
cans.^
These events are connected wijth the western career of a French
officer, Augustin Mottin de la Balme. His presence in the lUinois
may, probably, be attributed to a project conceived by Washing-
ton and approved by Lafayette and the French minister, Luzerne,
for arousing the Canadians to unite their interests with those of
the Americans and French in an effort to win independence. In
this way Washington hoped to conceal his real intentions of attack-
ing New York as soon as the expected French fleet and soldiers
arrived, and at the same time compel the withdrawal of part of
the British forces to Canada.^
^ See post, p. 541.
2Bentley to Clark, July 30, 1780, Dr. MSS., soJsi; also post, 617.
3 This hjT)othesis is based on the identity of time and action of the De la Balme expedi-
tion with the time and purpose of Washington's plan. There is no other indication of a
connection between them. Washington wrote to Lafayette on May 19, 1780, about a pro-
clamation which it had been decided some time before that Lafayette should write to incite
the Canadians to rise against the British; and on June 4th he wrote to Arnold telling him
to have the proclamation printed, which was done. (Sparks, Washington, vii., 44 and 72.)
On March 5th of the same year De la Balme wrote to Washington for a general letter of
introduction, as he was intending to travel in a short time to the ' ' Southern States of America"
where he might be confounded with the many adventurers. {Washington Papers, Lib. of
Cong.) By April 24th he had changed his mind and it was known that he was thinking of
going to the Illinois, for a Mr. Barriere writes him on that date a letter in which he mentions
that purpose. {Can. Archives, B ., 184, vol. 2, p. 417.) On June 27th De la Balme was at Fort
Pitt treating with the Indians; in tliis he was associated with Godfrey Linctot, a Virginian
Indian agent. His success was reported to Luzerne, French minister to Congress. {Can.
Archives, B., 181, p. 371. There is a good calendar of this report in Can. Archives for 1888
p. 865.) His acts at Fort Pitt and later in the Illinois, as narrated in the text, show that he
was working in the interests of the alliance between the United States and France. That he
was not sent to the West solely in the interests of the latter country, as has been suspected,
(Turner, Amer. Hist. Rev. vol. x.. No. 2, p. 255, note 2.) is further proved by the fact that
the French despatches of the time show that the French government expected that the terri-
tory north of the Ohio River would be conceded to the states by a future treaty. (See Views
of the Government of the King, and Vergennes to Luzerne September 25, 1779. Doniol,
Histoire de la Porticipation de la France, iv., 224 and 360.) The opposition which De la Balme
showed to the Virginians is explained by the conditions he found in Illinois as narrated in
the text. He was in no way responsible for the interpretation of his actions by Bentley,
Winston, and McCarty, who reported that he was hostile to the Americans (See Dr. MSS.,
5oJsi; Va.. State Papers, i., 381; this vol., p. 617); nor altogether for the misconceptions of the
French. (This vol., p. 551; Can. Archives, B., 184 vol. 2, pp. 421, 442.) The only fact that is at
all suspicious is the manifesto to the Canadians, found among De la Balme's papers, in which
there is no mention of the United States. {Can. Archives, B., 184, vol. 2, p. 498.); but this
may have been due to the feeling of antagonism among the French against the Virginians.
xc ILLINOIS HISTORICAL COLLECTIONS
De la Balme had come to America, highly recommended by
Franklin and Silas Deane, to offer his sword to the cause of the
colonies.^ He was commissioned inspector general of cavalry by
Congress in July, 1777, but feeling himself slighted in not being
appointed to the command of that division of the army, he had
resigned on October 3d of the same year. He remained in this
country, however, and established himself in business at Philadel-
phia.^ Late in the spring of the year 1780, he was sent West to
start a movement among the French of Illinois which it was
hoped would spread over Canada.
On the 27th of June he was at Fort Pitt, where he joined God-
frey Linctot in his efforts to win the Indians to the cause of the
allies, France, Spain, and the United States; but he found the
conditions there less favorable for his mission than he had ex-
pected, on account of the hostility of the Indians to the Ameri-
cans.^ On reaching Vincennes in July he realized that the
presence of the Virginians, who had made themselves so obnoxious
to the French, was a hindrance to his plan, for no campaign in
which the Virginians were to join could be promoted.
On the other hand the part of De la Balme's program in regard
to assistance from France was most eagerly received, and the
emotional French were soon saying that their beloved father, the
king of France, was to take control of the West again. It was this
message that they gave to the Indians, who still retained their old
affection for their allies. In Kaskaskia the message was received
in the same way. De la Balme came with a letter of recommenda-
tion from Alexander Fowler, a former British officer of the village
On the other hand there was in the manifesto no intimation that France was intending to
recover her dominion over Canada.
On account of the betrayal by Arnold, or for some other reason, Washington changed his
plans and gave no further attention to arousing the Canadians. (Sparks, Washington, vii.,
44, note.)
Previous to the arrival of De la Balme, on May lo, 1780, another French agent, Jean de
St. Germain, was at Kaskaskia. He claimed to have come directly from France and to be
acquainted with the desires of the king. He united with John Montgomery and Richard
Winston in a proclamation to the Indians, in which they were assured of the friendship
existing between the French, Spanish, and Americans. (Can. Archives, B., 122, p. 478).
Rocheblave writes that St. Germain landed at Charlestown the previous winter and went to the
West (Ibid, B., 122, p. 545.) I have found nothing to connect him with De la Blame.
1 Can. Archives, B., 184, vol. 2, pp. 390 and 381.
^ Ibid, pp. 390, 391, 392, 394; Papers of Old Cong., xl., pp. 144, 168.
3 Can. Archives, B., 181, p. 271.
INTRODUCTION xci
who had joined the American cause. ^ The best citizens of French
origin in this village and in Cahokia welcomed him with open
arms, or as Winston said, ''just as the Hebrews would receive the
Masiah."2 He had very little to say to Montgomery and his
soldiers, for his mission was not to them, and in the existing cir-
cumstances he could not risk alienating the French by assuming
a friendship for the Virginians; nor did Montgomery take any
notice of his presence. The Spanish commandant of St. Louis
seemed also far from cordial.^ De la Balme's proposed plan was
the raising of a company in the Illinois to occupy Detroit, which
was known to be ready to yield, and then to proceed to Canada,
where he expected to be joined by thousands of the inhabitants.
Considering the object of his mission and the conditions
existing in the French villages, his address to the inhabitants
proves his ability for extricating himself from a difficult position.
''It is well," said he, "that you know that the troops of the state
of Virginia have come here against the wish of the other states of
America, as I learned from members of Congress before my
departure from Philadelphia, and that the different deputies who
compose that body are ignorant of the revolting proceedings and
acts of violence, which the troops are practicing towards you and
which are not only blameable but condemnable at the tribunal of
the whole world. . . . Therefore it is very important for you,
gentlemen, on account of the pressing circumstances, that with-
out loss of time you address yourselves to the minister of France
in order to force the state of Virginia to redeem the paper money,
the letters of exchange, and other claims, which you have in your
hands, and to recall from among you the troops which are op-
pressing you contrary to all right, since you espouse the cause of
the king of France and his allies; troops which, far from pre-
serving you from the fury of the cruel enemies, render you victims
of a war, which the Indians, who have been constantly friends of
the French, would never have made without them." He then
1 Menard Col., Tard. Papers. Copy by the clerk.
3 Mason, John Todd Papers, 340.
'Bentley to Clark, July 30, 1780, Dr. MSS., S0J51; McCarty's Journal, post, p. 620;
Dr. MSS., S0J66; Can. Archives, B., 184, vol. 2, p. 468.
xcii ILLINOIS HISTORICAL COLLECTIONS
urges them to join- the expedition against Detroit, "which will
win the confidence of the honorable Congress and convince the
king of France of the real interest which you take in a cause for
which he has already made great sacrifices and which will procure
for you in a little while all imaginable assistance from him."^
That De la Balme deceived the French by promising them the
assistance and co-operation of the king of France, and that his
words led them to believe that the royal troops would soon be seen
again on the banks of the Mississippi cannot be denied ; but if he
came in accordance with the plan of Washington and Lafayette,
he was following his orders as far as it was possible under the very
perplexing conditions which he found in the Illinois.
Although the French received him enthusiastically, their
power of aiding the expedition was not great and it was only with
a handful of men, about eighty French inhabitants and Indians,^
that De la Balme started for Detroit. The standard which waved
over this little company was that of France.^ He successfully
attacked the post at the Miami, but was in turn defeated and killed
by the Indians.'' At the time of his departure for Detroit he had
sent a detachment from Cahokia under Hamelin against St. Joseph,
which succeeded in sacking that place but was overtaken by a
body of merchants and Indians and defeated.^ Thus ended the
attempt at arousing the Canadians. Before the arrival of De
la Balme in the West, the policy of Washington and Luzerne had
changed and they left their agent to effect what he could alone.
The death of De la Balme did not bring this interesting episode
in the history of the Illinois to an end. The villagers of Cahokia
had suffered a severe loss at St. Joseph, for all the members of
their expedition were either killed or captured except three. The
Cahokians, wishing for revenge, hurriedly raised a troop of twenty
men and asked aid of the Spanish government, which throughout
1 Can. Archives, B., 184, vol. 2, p. 434. Translation by the editor.
2LeGras to Clark, December i, 1780, Dr. MSS., 50J75.
3 Papers 0} Old Cong., xlviii., i; Menard Col., Tard. Papers, Memorial of Kaskaskians,
to Governor of Virginia.
* Can. Archives, B., 100, p. 486; Va. Stale Papers, i., 465.
5 Mick. Pio. and Hist. Col., xix., 591; Va. State Papers, i., 432.
INTRODUCTION xciii
the year had made common cause with them in repelUng and at-
tacking the enemy, and which now sent thirty men to their assist-
ance. With the addition of two hundred Indians^ they marched
in midwinter, within a month of their previous defeat, across
Illinois, and in the first days of 1781 took and sacked St. Joseph,
returning home immediately.^
The failure of De la Balme is not of much importance in our
narrative, but the effect of his presence on the people of the
Illinois was tremendous. His appeal to them as Frenchmen,
their awakened pride in the name, the expectation of French inter-
vention in their behalf, were all factors in the events which fol-
lowed. From this time there is no mistaking their animosity
towards the Virginians. Their eyes had been opened by the harsh
treatment of the frontiersmen, but they had submissively accepted
their fate without daring to do more than petition their oppressors.
On account of the false hope aroused by De la Balme they now
dared to adopt open measiures, for was not their former king
1 McCarty to Slaughter, January 17, 1781, Va. State Papers, i., 465.
2 Mich. Pio. and Hist. Col., xix., 600. When the expedition returned the Spanish com-
mandant at St. Louis sent a greatly exaggerated account of the campaign to the home govern-
ment. In this he said that sixty-five militia men from St. Louis had marched, under the
greatest difficulties, across the country and taken possession of an important British post
and all the country north of the Illinois River in the name of the king. (The account was
printed in the Madrid Gazette of March 12, 1782, and may be found in Sparks, Diplomatic
Correspondence, iv., 425.) This immediately aroused anxiety in the minds of the American
ministers in Europe. (5ee ref. to Diplom. Cor. above and Works of Franklin, Bigelow, ed.,
vii., 444.) That Spain desired to win the east bank of the Mississippi is unquestioned (See
Doniol, Hist, de la Paticipation de la France, iii., 393 et seq.), and that she intended to make
the utmost of this unimportant success at a minor British post is plain, but the motive for the
expedition came from Cahokia and in assisting his neighbors in expeditions on the eastern
bank, as in this case, the Spanish commandant was doing no more than he had done at least
twice before within the past year. In taking possession of the territory north of the Illinois
River, he was not encroaching upon the region occupied by the Virginians any more than did
Galvez when he captured Mobile and Pensacola, for the Umits of the county of Ilhnois
extended only to the Illinois River.
The best account, because unbiased and given in an incidental way, is that of McCarty,
who in writing the news of Cahokia, where he was, states the facts as I have given them above.
Historians have, however, followed exclusively the Spanish account and have made more
of the episode than it was worth, for its only importance was the use Spain may have made
of it in her diplomacy, provided there is any basis for that suspicion. The rnost extended
account based on the Spanish report will be found in Mason, Chapters from Illinois History,
vi., 743; see also Winsor, Westward Movement, 189; Hart, Amer. Nation, ix., 286.
It is worth noticing that the story of the defeat of the Cahokians at the time of the De la
Balme expedition and the subsequent victory with the assistance of the Spaniards was heard
by John Reynolds from the village people, but the date of the two had been transferred to
an earlier time, namely 1777 and 1778. The honor of the victory of the second attack, which,
also, according to tradition was for revenge, was popularly ascribed to J. Bte. Mailhet of Peo-
ria (Reynolds wrongly says Paulette) who must have been at Cahokia at the time, since the
Peorians had been driven out of their \'illage by the numerous British and Indian attacks
in the previous summer. The facts of this tradition support McCarty's testimony. (Rey-
nolds, Pioneer History.) Strangely enough Mason {Chapters from Illinois History, 275)
accepted the date given by Reynolds and wrote an account of French attacks on British posts
before the arrival of Clark.
xciv ILLINOIS HISTORICAL COLLECTIONS
interested in the fate of his distant and faithful followers ? The
citizens of all the villages united in a memorial to the governor of
Virginia, in which they wrote that they had decided not to re-
ceive any more troops in their villages, except those which should
be sent by the king of France ; the presence of the Virginians had
brought them into war with the Indians who before had been
friendly and they had suffered therefrom ; they promised, however,
to guard the frontiers of Virginia from attacks by the Indians.^
In each of the villages memorials were also drawn up to be sent to
the French minister, Luzerne, in which were set forth with great
detail the grievances which the inhabitants had suffered at the
hands of the Virginians. These petitions, however, never reached
their destination, since they fell into the hands of the British with
the other papers of De la Balme.^
The best account of the changed attitude of the French is found
in McCarty's journal. In the summer of 1780, he had been
summoned with his troops to Fort Jefferson to give aid against a
party of British and Indians attacking it. On his return to Kas-
kaskia early in August he found that De la Balme had been in
the village and that, "the people in General seem to be Changed
towards us and Many things Said unfitting," and again, "as
things are now the people in General are allienated and Changed
from us."^ The short lived hope of the French did them little
good. For a moment they were able to raise their heads like
men, but with the defeat and death of their leader their hope
was dashed to the ground and the weary wait for other means of
relief began again; for, oppressed by the military and hearing
nothing from Todd, they could only conclude that Virginia had
withdrawn her support and that they were left to do for them-
selves until some other power should take them under its pro-
tection."*
1 Can. Archives, B., 184, vol. 2, p. 506.
2 The memorial from Cahokiais printed in this vol., p. 535; for that from Vincennes see
Can. Archives, B., 184, vol. 12, p. 421. The petition from Kaskaskia, which would have been
particularly valuable for the history of Clark's occupation of the village is not calendared in
the Hald. Col. and has probably been lost. A very brief memorial to Luzerne was sent by
the Kaskaskians after the death of De la Balme and a copy of it is in the Menard Col., Tard.
Papers.
3 See post, p. 620.
* Va. State Papers, i., 382.
INTRODUCTION xcv
During the fall the Americans carried out the plan which
they had detertnined upon before the attack of the British and
which subsequent events had postponed, namely, the partial
evacuation of Illinois. At the time of the attack on Fort Jefferson
the troops had been recalled from Vincennes. Montgomery
after his return from the relief of the fort remained some time in
Kaskaskia and on October i8th^ went down the river to New
Orleans, leaving a bad name behind him, even among the Ameri-
cans, on account of his extravagance and dishonesty. He did
not add to his reputation by deserting his wife for "an infamous
girl" whom he took with him.^
Captain Rogers, who was left by Montgomery in command of
the few remaining troops at Kaskaskia,^ was to prove himself
a worse tyrant to the French than his predecessor had been. Two
other men had appeared in the Illinois in the spring or summer
of this year whose names were also to become execrated, John
Dodge and Thomas Bentley. John Dodge was born in Connec-
ticut, had become a trader at Sandusky before the outbreak of
the Revolution, and, since he showed his attachment to the
cause of the colonists, was arrested by the British, who carried
him to Detroit and later to Quebec, whence he escaped in 1779.*
In that year Washington recommended him to Congress as a man
who would be useful in the West. He went to Virginia, won the
friendship of Jefferson, and was appointed Indian agent.*
^ General Orders of Montgomery, Dr. MSS., 50J70.
2 Mason, John Todd Papers, 335. Montgomery's defence of his actions may be found in
Mason, John Todd Papers, Chi. Hist. Soc.'s Collections, iv., 351 et seq. On April 23, 1782, he
wrote a letter of justification to George Webb, in which he said: "Had I made a fort on in the
time people mout had Reason to Suspected me But to the Contreary I have spent one or at least
my all But am in hopes to Be Eable to Live a poor and privet Life after wards it is now almost
fore years That I have not Receive a shilling from Government Not Withstanding I advanced
Every Shilling I had & straned my Credit till it Became Shred Bear Rather than draw
Bills on the State." Copy from Va. State Lib.
Montgomery was born in Botetourt county, Va., about 1742. His use of English shows
that his education was hmited. He was one of the celebrated party of "long hunters" in
1771- His experience in Indian warfare had fitted him for such an undertaking as that by
Clark against the Illinois. He was killed by the Indians in Kentucky in 1794. (English,
Conquest of the Northwest, {., 137.)
3 Letter of Winston, Dr. MSS., 50J71.
* Woodward, Dodge Genealogy; Dr. Notes, Trip i860, 11J1S3; Dodge's wcmwtc/ to
Cong., January 25, 17791 Papers of Old Cong., xli., 2, 441.
6 Dr. MSS., 46JS2 and 29J36. Dodge was one of the refugees from Canada and Nova
Scotia who received compensation in land for their losses during the Revolutionary War.
He must have died before 1800, since his heirs were granted 1280 acres of land in that year.
xcvi ILLINOIS HISTORICAL COLLECTIONS
The second, Thomas Bentley, had been well known in the
village at an earlier period. On an accusation made by Roche-
blave of intriguing with the Americans he had been arrested and
sent to Quebec, where he remained until the spring of 1780,
when he made his escape.^ He had asserted his innocence in
several persuasive memorials and had convinced even Governor
Haldimand of his good faith. As a further evidence of his
allegiance to England he went to Virginia and by his intercession
for British prisoners with the government gained for Governor
Hamilton some mitigation to the harshness of his captivity and
for Judge Dejean of Detroit, release on parole.^ Bentley's double
dealing at this time is evident from his letters to the Americans and
to the British. While he was writing to Clark concerning the
activities of De la Balme and wishing the Americans success in
their attack on the Indians, he was writing to the British officers
that Illinois could be easily captured by a few hundred soldiers.^
In his deceit he was eminently successful, for Clark later wrote
him a certificate of good character, in which he asserted that the
latter had given great assistance to the cause ;" and the Governor
of Canada was so persuaded of his honest motives that he thought
it would be wise to allow Bentley to remain quietly in the IlHnois,
as he would be of great use there. On his return to Illinois,
Bentley was firmly resolved to make the French pay for his cap-
tivity, for he beheved that they had all been in a plot with
Rocheblave against him.
The operations of Bentley and Dodge, who formed a partner-
ship for making the most out of the situation, began while Mont-
gomery, who gave them countenance, commanded in the Ilhnois.
They bought up the claims of the inhabitants against Virginia
for trifling sums, in doing which it was suspected that they made
Amer. Slate Papers, Pub. Lands, i., io6. There are in existence two memorials to Congress
narrating his earlier misfortunes. Washington Papers, xciii., 35; Papers of Old Congress,
xli., 2, 441.
1 See supra, p. xxxv., n., 2.
2 Bentley to De Peyster July 28, 1780, Mich. Pio. and Hist. Col, xix., 598.
3 His most important letters are printed in Mich. Pio. and Hist. Col., xix. 548, 560. For
his letter to Clark see Dr. MSS., 50J51; Can. Archives, B., 185, vol. i, 58, 62.
* Va. State Papers, ii., 153.
INTRODUCTION xcvii
use of public funds, and their financial operations in purchasing
supplies for the troops also aroused suspicion. Such conduct
called forth a characteristic letter from McCarty to Todd. As
McCarty was feeling at the time particularly angry with the
officers of the Virginia line, because he had been arrested by
Montgomery for bringing an accusation against Dodge, ^ his
testimony cannot be taken without reserve; but that there was
some truth in what he wrote is abundantly proved by letters from
Clark and others. The letter shows not only the situation brought
about by the dealings of the two financiers but also the continued
exactions of the troops and the effects of the visit of De la Balme.
It is addressed to Todd. "When shall I begin to appolagize
for the Different light and Oppinion, I saw and had of You when
hear last Year, and now. the Spirit of a free subject that you
inculcated thro' your better knowledge of things was hid to me.
In short, Honour requires me to render You the Justice you de-
sarve, and at the same time to inform you the reason of my altering
my notions of things. I then thought the Troops hear would be
duly supported by the State, and the legal expense for them
paid to the people Justly. I had thought the Duty of an Officer
who had any Command was to see Justice done his Soldiers, and
that they had their Rights without wronging his Country. I
then thought that it was also his Duty to fore see and use all
manner of occonomie in Laying up provisions for these Soldiers,
to carry on any Opperation that his supperiours should judge
expedient to order him on, without any regard to private interests
whatever, but for the Good of the State he served. I then never
Imagined that an Agent would be sent hear to Trade in connec-
tion with a Private Person to Purchase the Certificates from the
people at such a rate which must appear scandalous & Dis-
honorable to the State.
"To the contrary of all which I am now convinced by occular
' Demonstration: in short we are become the Hated Beasts of a
whole people by Pressing horses. Boats &lc &c, KiUing cattle,
&c &c, for which no valuable consideration is given : even many
1 See post, p. 621. For the charge that public funds were illegally used, see Post, p. 481.
xcviii ILLINOIS HISTORICAL COLLECTIONS
not a certificate which is hear looked on as next to nothing."^
McCarty by this letter gave warning of his change of party alle-
giance. He had up to this time sided with the military against
the civil authority and the French. From now on he attempted
to win the confidence of the latter, in the oppression of whom he
had formerly taken active part. Both he and Winston advised
the people to refuse all supplies to the troops and starve them
out of the country. For this reason Winston also found his
relations with the military even more strained than under the rule
of Montgomery. He wrote to Todd that: "They Stretch greatly
to bring the Country under the military rod and throw of the Civil
Authority. So fond they are to be medling with what is not
within their Power. . . . Since the arrival of this Captain Bentley,
there has been nothing Butt discord and disunion in this place. . .
he has left no stone unturned to Extinguish the laws of the State,
and to revive the Heathen Law, being well accustomed to Bribes
and Entertainments. Government ought to regulate the trade
as there are many abuses Committed under Military sanction."^
It is unnecessary to give the details of the trying winter of
1780-1781, for it was but a repetition of the previous one. The
inhabitants wrote that the government was like that of a town
taken by assault. Captain Rogers, who was young and inex-
perienced, was bHnded by the advice of the crafty Dodge and
Bentley.^ That the means they used to obtain provisions were
cruel is proved by the piteous appeals of the inhabitants to the
governor. That their methods were not always honest was
firmly believed by many officers and by Clark himself. Captain
Robert George in writing to Clark on October 24th after
mentioning the almost starving condition of the troops, says
that Montgomery told him that, " Capt. Dodge has purchased one
Thousand bushells of corn and Ten Thousand Ib^ of Flour, which
is all that is to show from a cargoe of Eleven Thousand hard
dollars worth of Goods sent by Mr Pollock to You, together with
1 Va. State Papers, i., 379.
2 Winston to Todd, October 24, 1780, Va. State Papers, i., 380.
3 The court showed more spirit in opposing the soldiers. There are several interesting
letters in regard to their exactions in the Menard Col., Tard. Papers.
INTRODUCTION xcix
about five or six thousand Dollars worth from this place. . . .
I have sent for all the State Horses at Kaskaskia, but it appears
there is but few — what's gone with them God knows, but I be-
lieve there will be a Very disagreeable accompt rendered to you
of them as well as many other things when called for."^ In
March, 1781, Clark was thoroughly aroused by the complaints of
the administration of the finances in his department, and in writing
to Jefferson says : ''I Received your dispatches by Capt. Sullivan.
That part concerning the Bills count er^^ by Maj. Slaughter, and
letters of advice, is something curious. It's surprising to me that
Maj. Slaughter, as an Officer of the State, would suffer these
persons to persevear in their villany, was he as he hints truly
sensible of the principal that actuated them. You know my
Sentiments Respecting sev^^ persons in our Imploy. Those he
accuses, are gen^^ men of fair Character. I have long since
determined to conduct myself with a particular Rigour towards
every person under me. They shall feel the stings of Remorse,
if capable, or the sweets of public applause, either as they demean
themselves. . . . Those gentlemen Major Slaughter points at,
with himself, may expect to undergo the strictest scrutiny in a
short time, as Orders are prepared for that Purpose. Mr. Jno.
Dodge & others, of the Illinois, also.'"
While the officers were using their positions for private gain
and reducing to abject poverty the French by their levies, the
troops of Virginia were suffering the severest hardships. In
August, 1781, Colonel Slaughter wrote from the Falls of the Ohio:
"The situation of my little Corps at this place at present is truly
deplorable, destitute of clothing, vituals & money, the Com-
missaries have furnished them with little or no provisions these
three months past nor dont give themselves the least concern
about it." Montgomery wrote that at Fort Jefferson there was
not a mouthful for the troops to eat, nor money to purchase any,
and that the credit of the government was threadbare. On
^ Va. State Papers, i., 382. For other evidence of dishonesty see Slaughter's letter, January
17, 1781, Va. State Papers, i., 440. Jefferson was convinced of Dodge's dishonesty, Dr. MSS.,
S1J17. In the petitions of the Cahokians to Virginia it is stated that public supplies were
used to buy in the drafts and other forms of credit, see this vol., p. 481.
2 Va. State Papers, i., 597.
c ILLINOIS HISTORICAL COLLECTIONS
August 6, 1 781, Captain Bailey wrote from Vincennes: "My
men have been 15 days upon half allowance; there is plenty of
provisions here but no credit. I cannot press, being the weakest
party. "^
The contest of Rogers, Dodge, and Bentley with the court was
brought to a crisis at the end of January by the acts of the last.
Bentley was inspired by his desire for revenge, and his malice is
shown by a long letter which he addressed to, "The inhabitants
particularly those who are not my friends," wherein he sets
forth his grievances at length. There was little that he could
say by way of accusation, so he had recourse to abusive language.
The letter is too long to quote, but a few extracts will give an idea
of its character. "I know that most of you are mortified at see-
ing me succeed in surmounting the difficulties with which you
together with that rascal Rocheblave, Cerre, and others have
burdened me. I am persuaded that there is not one among you
in this village who did not wish to crush me under the weight of
my misfortunes. I know that it is a crime for a damned English-
man to remain among you. The Irish suit you better. They
are your equals in perfidy, lying, flattering, and drinking tafia.
.... Some infamous vagabonds have had the audacity to
demand an inspection of my books. Nothing but ignorance
without parallel, joined with the most complete Irish imperti-
nence could have thought of that. A man of the least honor
would not have conceived such an idea.
"I am informed that the cause for which you came was con-
cerning some tafia given to the negroes. On this subject I satisfy
you on the honor of a man of integrity that it was not from me
that they had it
"I am informed that Lachance and Brazeau are getting
together all the corn for M. Cerre. Why should not I have the
same liberty; since perhaps I should give better merchandize and
at a better bargain. The reason is that M. Cerr^, concerning
whom I will prove some day that he is a man without moral
feeling, is a Frenchman and I am a damned Englishman."
1 These letters are printed in Va. State Papers, ii., 306, 313, 338.
INTRODUCTION ci
A suit brought by Bentley against Richard McCarty and
Michel Perrault was begun in the court of November, 1780; but
the court refused Bentley any recognition until he had taken the
oath of fidelity to the United States and Virginia. In the January
court Bentley appeared with two Americans and said he was
ready to take the oath. This the justices tendered him in the
French language, which both he and his companions understood ;
but Bentley refused to take it, claiming that it was the oath of
office that they were offering him. He immediately left the
court and soon after returned saying that he had made oath
before Captain Rogers, The court, however, stood firm in re-
gard to its rights.
Rogers took up the matter and wrote to the court that he was
surprised at their audacity in not recognizing his certificate given
to Bentley. "It seems to me that Mr. Bentley has the same
right to justice as you yourselves and you can be assured that I
can give reasons and proofs to impartial justices of his conduct
which will make him appear perhaps a better friend of the state
than you, since your court appears to be one for injustice and
not for justice. And should you dare to refuse my certificate
in the case of the oath of fidelity, I will take it on myself to set
your court aside and become responsible for the consequences.
You have only to consider and render justice or I will do what
is mentioned above."
The court was not frightened into submissiveness, but an-
swered: *'We have received your letter of to-day in which you
give us over your signature the most complete mark of your
capacity in the trust which you imagine you hold.
"We do not doubt the desire on your part to make yourself
absolute master; but we have acts of the legislative power of the
state of Virginia to govern us and to which we believe we are
bound to conform, even as you are yourself, when we require your
assistance.
"As to the injustice with which you charge us, there will,
I perhaps, come a more happy day when we shall prove our good
faith, which is always the only motive which leads honorable men. '
cii ILLINOIS HISTORICAL COLLECTIONS
Possibly Bentley realized the weakness of Rogers threat, for
he now drew up a protest against the action of the court in which
he appealed to Virginia. In the February session the court con-
sidered the protest, after previously receiving the promise of
support from the county lieutenant, Winston. They affirmed
that the right oath had been tendered to Bentley, and offered
again to permit him to take it either before the court, one of the
justices, or the county lieutenant ; if he did not wish to do this he
was permitted to bring in and show the oath which he claimed
to have taken.
Bentley's answer was a public announcement that he was
starting for Virginia to carry his case before the governor and
council.^ Another reason for his going was his desire to collect
the money for the certificates which he and Dodge had bought up,
and about the first of April he together with his two assistants.
Dodge and Captain Rogers, departed. ^
This proceeding of Bentley called for immediate action on the
part of the French in order to counteract the influence which would
be exerted against them, and it was decided to send representa-
tives to Virginia. But there were preparations to make before
they could take their departure. Besides the affair w,th Bentley
the inhabitants wished to send the bills and accounts of the people
against the state, and asked Cahokia to unite in this. The Kas-
kaskians chose Richard McCarty and Pierre Prevost to represent
^ All the papers here indicated belong to the Menard Collection and are therefore copies
from the Kaskaskia Register, except the letter of the court to Rogers, which is among the
Kaskaskia records. They are all written in French. Besides those mentioned in the text
are two certificates that the oath tendered to Bentley was the oath of fidelity, one by Winston
and the other by Daniel Murray. The latter had been brought into court by Bentley liim-
self to witness the taking of the oath. The only explanation of Bentley 's action is that he
feared the news of his ha\'ing taken the oath would reach Canada.
2 Va. State Papers, ii., 258 and 260; Dr. MSS., 51JS2. After arriWng at the Falls of the
Ohio, criticisms of his conduct came to the ears of Captain Rogers and he wrote a letter to
Governor Jefferson defending himself. He accused Winston and McCarty with being the
authors of his difficulties by persuading the inhabitants not to furnish provisions for his
troops; and had not Bentley offered his personal credit the troops would have starved, al-
though meat was o.bundant. He enclosed the affidavits of officers and citizens to prove his
statement. He ended by writing: "I cannot conclude without informing you that 'tis my
positive opinion the people of the Illinois & Post Vincennes have been in an absolute state
of RebeUion for these several months past & ought to have no further Indulgence shewn
them, & such is the nature of these people, the more they are indulged, the more turbulent
they grow — & I look upon it that Winston & McCarty have been the principle instruments
to bring them to the pitch they are now at." (Va. State Papers, ii., 76.)
I should have given greater weight to the testimony of this letter, were not the character
and actions of Bentley and Dodge at this and other times well known from various sources.
See this vol., pp. 475, 621; Kas. Rec, Petitions, etc.
INTRODUCTION ciii
them. The agreement with them was made on the fifth of May
and signed by forty-one inhabitants, the most representative of the
village. * The people of Cahokia had not learned to trust McCarty,
even after his change of parties, for they remembered his arrogance
and tyranny while he commanded the troops in their village.
They therefore chose only Prevost.^ Meanwhile the clerk of the
Kaskaskia court had prepared copies of all the papers throwing
light on the hard treatment the people had endured and all other
matters. These were countersigned by Richard Winston, deputy
county lieutenant, who at this time was supporting the French
party. A five page memorial was written to the governor setting
forth in detail the grievances of the people and was signed by
sixty-two Kaskaskians.3
It was an unpropitious time to petition Virginia, since the
scene of war in the East had been shifted to her territory and she
could give little heed to her western dependencies. The Kas-
kaskia papers did not, however, reach their destination; for
one of the bearers, Richard McCarty, while on his way was met
and killed by the Indians and his papers carried to Detroit.
What became of Prevost is not known. This event was to bear
immediate results. Learning from McCarty's papers that the
French were heartily weary of the Virginians, the British officers
determined to use other means than war to recover their dominion
over the Illinois.*
Since Clark with his half-naked Virginians had surprised them
1 Kas. Rec, Pol. Papers.
*See post, p. 479.
^Menard Col., Tard. Papers, the original memorial with signatures. A copy of the
memorial is in Papers of Old Cong., xlviii., i. A similar one was sent from Vincennes on
June 30. Va. Staie Papers, {{., 192. It is from the papers prepared at this time that the fore-
going narrative is largely drawn. They never reached Virginia, but in the year 1787 these
same papers were given to another agent, named Tardiveau, who had them in his possession
when he died. As he was indebted for a considerable sum to Pierre Menard, the later lieutenant
governor of Illinois, the judge of Cape Girardeau, where Tardiveau was living previous to
his death, turned them over to Menard. These I found in a warehouse on the banks of
the Mississippi at Fort Gage, Illinois; and they have been presented by their owner, the
grandson of Pierre Menard, to the Illinois State Historical Library.
*De Peyster to Powell, July 12, 1781, Mich. Pio. and Hist. Col., xix., 646. See also
Papers of Old Cong., xlviii., 19. Since the papers, which should have been in the possession
of McCarty at the time of his death, were in Kaskaskia in 1787 (see previous note), it is
necessary to conclude that McCarty did not carry with him the important copies from the
record-book and that Prevost, who was to have carried them, never started or returned with
them, or else that duplicates were made for the two messengers. The last alternative is
probably the correct explanation.
civ ILLINOIS HISTORICAL COLLECTIONS
on that July night in 1778, the people of Illinois had passed
through many phases of feeling towards the Americans. They
had at first rejoiced that at last the liberty which had been the
subject of their dreams was to be enjoyed. There followed a few
months of peace under Clark's mild rule, when the French
actually stripped themselves of their property to supply the
troops with necessities and to further the cause which they
had adopted. Then the anxious days came when the vandalism
of the troops and the doubt about the payment for their goods
made them less jubilant. They received Todd with his civil
government as a prophet of a new era. Todd had failed and
had handed them over to the military, and Montgomery had suc-
ceeded in so thoroughly cowing them, that their power of opposi-
tion was weak. De la Balme had aroused them by the new born
hope of once more coming under the dominion of France, and he
too had failed; but their pride in the name of Frenchmen had
been awakened and from that hour their opposition to the Vir-
ginians was more forceful. The number of troops in the Illinois
under Rogers was not large, so their boldness had little cause
for fear from that source ; but the long struggle against poverty
and tyranny was telling on their courage, and many were beginning
to look to England, their allegiance to which they had so lightly
repudiated, as a power that might possibly offer them protection.
The feeling was not an active force, but simply an indifference in
regard to what might happen. The intercourse with Canada
had not been completely broken off by the war, for the French
there found opportunity now and then to send their goods to
their brothers in the Illinois.
This feeling of a possible renewal of relations with England was
not confined to the French of the Northwest. Among the western
Americans also the same attitude was to be found. George Mor-
gan, writing at this time, mentions a letter he had received in
regard to Kentucky, where the indifference to the American cause
appears to have been widespread, due largely to events somewhat
similar to those affecting the lUinois.^
1 Dr. MSS., 46J5Q.
INTRODUCTION cv
It was this feeling that gave the British hope that they might
persuade the French to renew their allegiance to the British crown.
In June the lieutenant governor of Michillimackinac sent six men
to the Illinois to see what could be accomplished. In the three
accounts, printed in this volume/ their exact mission is differently
described; in one it was to excite the people to offensive action
against the Spaniards, in another to raise militia to be paid by
the British, and in the third to make a commercial treaty. The
agents made the mistake of going first to St. Louis, probably to
open negotiations with the French of that city, who appear to
have been as discontented as their relatives on the other bank.
They were arrested by the Spanish commandant, Cruzat, and
a letter addressed to the inhabitants of Kaskaskia and Cahokia was
found in their possession. A copy of this letter was sent to Major
John Williams, who had replaced Captain Rogers at Kaskaskia.
Cruzat gave every appearance of acting in good faith towards
the Americans in this matter, and evidently did arouse the
discontent of the people in the Illinois who felt that their letter
should have been sent to them. But the Spaniard was crafty
and no doubt would have been willing to see the eastern bank
pass again into the hands of the British in order that Spain might
reconquer it.^ Cruzat was clever enough to persuade Linctot,
a Virginia Indian agent at the time in St. Louis, and possibly
Gratiot, of his loyalty to the Americans. This may be seen by the
letters of these two written to Clark, July 31 and August i, in
praise of the action in withholding the letter and messengers
from the French of the American Bottom. But six weeks before
those letters were written the Spanish governor had reached an
understanding with the Illinois people, and two of the British
agents were permitted to go to Cahokia, provided they found
bondsmen. The agents accomplished very little, however, owing
to their initial mistake ; but that the undertaking might have been
successful or the mistake even rectified may be inferred from a
letter of Antoine Girardin to Governor Sinclair.^ Girardin was
^ See post, p. 553, 555, 559.
2 Doniol, Hist, de la Participation, iv., ch. 6.
3 See /><75<,2pp. 95, 559.
cvi ILLINOIS HISTORICAL COLLECTIONS
one of the most important citizens of Cahokia at this time, had
been elected one of the members of the first court, and was the
most enterprising man in the village. His position was such
that he understood the feeling of the people, and his letter probably
reflected their attitude correctly. He wrote that, if a force of
British soldiers without any Indians should be sent to the Illinois,
he was sure the people would receive them; and at the same
time he offered his assistance. It is possible that, had the British
acted promptly, they might have succeeded. Yet possibly not,
for shortly after this letter was written, the news of the surrender
of Cornwallis reached the West and naturally raised the hopes
of those who still clung to the American cause.
Diuring the summer of 1781 the court at Kaskaskia had tried
to assert itself in the interests of good order. Certain American
settlers had followed the example of the troops in killing the
cattle of the French. As long as the soldiers were present, they
were safe from prosecution, but now, when there does not appear
to have been any garrison at Fort Clark, indictments were brought
against six Americans by eleven Frenchmen for shooting the
cows and other animals in the commons. The Americans were
arrested and tried; the charge was proved against -them and three
were banished from the country for three years and the others
fined. ^
The justices also dared make opposition to the deputy county
lieutenant. Without consulting the court, Winston appointed,
as notary public, Antoine Labuxiere, son of Joseph Labuxiere
who held the ofl&ce of state's attorney after the resignation of
Jean Girault.^ The first opposition to this appointment came
from the notary-clerk of the court, Carbonneaux, who, perhaps,
was not anxious to have a rival. The court supported their
clerk and Winston was obliged to yield. The principal reasons
alleged by the court for their objection were the youth of Antoine
Labuxiere and the law that no officer could be appointed except
1 Kas. Rec, Court Papers; Transactions of the 111. Hi^t. Soc. 1906, p. 258, et seq.
2 See post, p. 487 .
INTRODUCTION cvii
by the vote of the people. Winston answered that he was in no
way responsible for his actions to the court but only to the state
of Virginia.^
The unfriendly relation existing between the county lieutenant
and the court that is evident from the foregoing instance had
existed ever since the appointment of the former, and from now
on appears to have increased, until Winston had few adherents
among the French inhabitants, a circumstance which he was to
regret in the future. Exactly what bearing this disagreement had
upon a new election of justices at this time it is impossible to
say. Four justices from Kaskaskia, Lasource, Janis, Lachance,
and Charles Charleville, had held ofl&ce for over two years, in fact
ever since the election held by Todd. The other two members
had been Duplasy and Cerrd. The former had been killed in
the De la Balme expedition and the latter had gone to St. Louis.
As far as the record shows only one of these places had been filled,
by the election of Michel Godin. The two justices from Prairie
du Rocher were to remain unchanged for another year. It is
not known what became of the Sieur de Girardot who represented
St. Philippe. All the justices desired to continue in office, but
since the list of magistrates was not complete, two more, J. Bte.
Charleville and Antoine Bauvais, had been elected to fill the
vacancies on July 19th. The prolongation of their tenure of
office by the justices was not popular, and it is possible that Wins-
ton utilized the opportunity to bring such pressure to bear that
the coiut was obliged to submit ; for on the tenth of September he
was requested to permit the summoning of an assembly of the
people to "elect magistrates to fill the places of those who had
held their position for two years or more." ^ The assembly was
called the same day and there is in existence the polling sheet
that was used. Perhaps on account of the shortness of the notice
or for some other reason only twenty-seven votes were cast, not
exceeding by many the number of candidates which was sixteen.
Antoine Morin was the most popular candidate receiving twenty
^ Five letters in Kas. Rec, written in August, 1781.
.1 ' Kas. Rec, Petitions.
cviii ILLINOIS HISTORICAL QOLLECTIONS
votes. The next one on the list was Pierre Langlois with eigh-
teen votes; the third was Vitale Bauvais, whose brother had
been ejected in July, and whose family was at this time and
later one of the most influential among the French population;
the fourth was Pierre Picard with eleven votes. The other
candidates had only a few supporters. The analysis of the vote
would indicate that Winston had not been supported at the poll
and that his opponents had carried their candidates. At the
bottom of the polling sheet is written the certificate of election.
The clerk first wrote the name of Pierre Langlois, who was more
friendly to Winston than the other justices, as president of the
new court, although he had received fewer votes than Morin.
He then crossed this name off and substituted that of J. Bte.
Charleville, one of the justices chosen in the July election, who may
have had a prior right to this position. His vote had been cast
for the four successful candidates and he was and remained a firm
adherent of the French party. Whatever the explanation
of the erasure is, neither of the two men became president
of the court, for the position was held during the following
year by Antoine Bauvais, who was one of the justices elected
in July.^
Kaskaskia was not to have the burden of many troops during
the next winter; but the village did not wholly escape persecution,
for two of the men formerly most troublesome returned. It is
true that the one who had made himself most offensive, Thomas
Bentley, never again visited this country. He failed in his attempt
to realize on all the certificates which he had bought from the
French His petition to the Virginia council was denied, and
that body intimated that the gentleman was an impostor. Bent-
ley defended himself against the accusation and appealed to the
letter of General Clark and to the testimony of Colonel Mont-
gomery and John Dodge.^ Possibly on account of the character
of his attestors, one of his claims was afterward allowed. He
was still in Richmond waiting for its payment in July, 1783, and
1 Kas. Rec, Pol. Papers and Petitions. A year after this date both the clerk, Carbon-
neaux, and Langlois were supporters of Winston.
2 Va. State Papers, ii., 238.
I
INTRODUCTION cix
probably died during the year, for his wife began the process for
the settlement of the estate shortly afterwards.^
When Rogers and Dodge returned to Kaskaskia I do not know,
but there is a characteristic letter from Rogers dated November
lo, 1781, demanding supplies. His threats were somewhat
modified. He said that if the people did not give him what was
needed for his thirty troops, two hundred would be sent ; but there
was no suggestion of setting aside the court. He claims to have
been acting under orders^ and was probably sent to Kaskaskia
more to reconnoiter than to act as a guard, for Clark expected that
the British would make one more attempt to win the West, which
had become more important to them now that the southern
campaign had ended in the capture of Cornwallis. Rogers
evidently did not remain long in the country, for before the
winter ended Clark informed the governor that Vincennes had been
completely evacuated and that only a few spies were kept at any
of the villages.^ Dodge had probably returned with Rogers and
remained in the village. Before twelve months had passed the
records were to give no uncertain account of the activities of the
"illustrious Dodge."
There is among the Kaskaskia Records a long and interesting
letter in the French language written in December by George
Rogers Clark to the court of Kaskaskia, in which he states that
he has learned that there are in the village numerous refugees
and vagabonds who are disturbing the peace and tranquility of
the community by stealing property in spite of the authority of
the court. He laments this fact and urges the court to use its
power even to the extent of inflicting corporal punishment or the
death penalty. He tells the justices to make use of their militia
and to call on the other villages for aid. Just what circum-
stances drew this letter from Clark will probably never be
known; but the things he speaks of were constantly happening,
so that he might have written such a letter at any time after he
^Kas. Rec, Petitions.
2 Menard Col., Tard. Papers.
' Va. State Papers, ii., 68; a letter from Colonel Davies to the governor implies the same .
Ibid, iii., 198.
ex ILLINOIS HISTORICAL COLLECTIONS
entered the country. The interesting point is that he desired the
court to uphold its authority, and there is nothing to indicate
that he authorized the unnecessarily harsh and arbitrary mea-
sures of his officers. In notifying the French of the surrender
of Cornwallis he gave them the hope that a better day was coming
for them.*
Of the winter of 1 781-1782 there are no records except such as
show that the court was regularly sitting and performing its
duties. A single document should be mentioned. On February
loth another election was held to appoint a single magistrate.
Fifteen votes were cast of which Stanicles Levasseur received
five and was elected. Whose place he filled cannot be discovered,
for there remain no lists of the judges like those of the court of
Cahokia.
The year 1782 was to be the last one of the war. The Vir-
ginians had managed to hold the country northwest of the Ohio
for almost four years and this last was to pass without real danger.
Rocheblave, the former acting commandant of the IlHnois, had
returned to Canada and laid before the government a plan for
the reconquest of the whole territory, but his suggestions were
without influence.^ Several parties of Indians were sent into
the Northwest, however, and one of these defeated the frontiers-
men at Blue Licks — it was in this engagement that John Todd was
killed; but no serious attack was made on the French villages.
Clark retaliated by leading a large party against the Miami
villages and inflicting severe punishment. It was his last achieve-
ment in the war.^ On November 30th, a few days after the Miami
campaign, a provisional treaty of peace was signed by England
and the United States. The danger to the Illinois from Canada
was for a time at an end. On January 18, 1783, the Illinois regi-
ment was disbanded * and in the following July Clark was
relieved of his command.^
^ Kas. Rec, Letter.
2 Va. State Papers, iii., 150; Hald. Col., B., 122, p. 545; and 123, p. 141.
3 Va. Stale Papers, ii., 280, 381; Winsor, Westward Movement, 203 et seq
* Memorial of Timothe de Monbreun, Va. State Lib.
5 English, Conquest of the Northwest, ii., 783.
INTRODUCTION cxi
In the villages of the Illinois during these years of neglect
we find as close an approximation to the form of the classic city-
state as has ever existed in the western hemisphere. For a
short time they were practically cut off from the rest of the world
and from the only power which might legally exercise authority
over them, so that each village was a self-governing community.
As we shall see later the period was for Cahokia one of moderate
prosperity and peace; but the more important village, Kaskaskia,
passed through all the sufferings which her earlier prototypes
experienced during periods of social anarchy. The Greeks gave
the special name of stasis to that disease which was so common to
their peculiar form of civil organization. It was caused by one
party within the state making the political issue the subjugation
of all others, 'an issue which was pursued with maliciousness
and violence.^ In a famous passage Thucydides has described
the results of this disease: ''The cause of all these evils was the
love of power, originating in avarice and ambition, and the party
spirit which is engendered in them when men are fairly
embarked in a contest Striving in every way to
overcome each other, they committed the most monstrous crimes ;
yet even these were surpassed by the magnitude of their revenges,
which they pursued to the very uttermost, neither party observing
any definite limits either of justice or public expediency, but both
alike making the caprice of the moment their law. Either by
the help of an unrighteous sentence, or grasping power with the
strong hand, they were eager to satiate the impatience of party
spirit."^ The description is as applicable to the conditions
existing in Kaskaskia during the years following the withdrawal of
the Illinois regiment as to the cities of Greece, which Thucydides
had in his mind.
The factional strife and the personal enmities, which had been
engendered by the past years in Kaskaskia, but had been some-
what controlled by the presence of the military force, broke out
in the most virulent form of stasis, during the course of which the
^ Fowler, City-State of the Greeks and Romans, 254.
2 Thucydides, Hist, of the Peloponnesian War, Jowett's translation, i., 24.
cxii ILLINOIS HISTORICAL COLLECTIONS
love of power, avarice, and personal animosities seized control of
the government, overthrew it, and left behind only anarchy.
Three parties entered into this struggle for power, and probably
the final blame for the result must be ascribed in part to all.
The mass of the French inhabitants made up what may be called
the French party, the leaders of which were the justices of the
district court. These latter considered themselves the chief repre-
sentatives of sovereignty and would have been glad to compel
submission by all rivals. The strength of this party was rather
greater in the district than in the village proper, where the people
were more divided in their allegiance and more cowed by their
opponents.^ Its members were hostile to the Americans who
had settled among them and feared that they would be finally
overcome in numbers and lose their French laws and officers.
They looked upon the deputy county lieutenant in particular as
an enemy, who would take the first opportunity to make himself
supreme and whose action in trying to placate the Virginians and
at the same time to incite the French to opposition they regarded
as treacherous.^ It is probably true that the leaders of the party
were ignorant, as Winston asserted, and incapable under the
existing conditions of fulfilling the duties which the accidents of
war and geographical position had thrust upon them.^
Winston had a small following among the French, led by
Pierre Langlois, one of the justices, and Carbonneaux, the clerk
of the court. Some of the Americans had also attached them-
selves to his party. His contempt for the French was only less
than his hatred of John Dodge, the leader of the third party,
whom he regarded as his chief rival. The hostility of the
two men dated back to the time when Montgomery was still
commanding in the Illinois, and, since Dodge had always
been associated with the military party, the personal strife
between them appears to be a continuation of the struggle be-
1 The strength of the party is learned from the various petitions and memorials sent to
Congress and elsewhere, to which reference is made in the text. (See p. cxvii., n. 2.) _ When
the party gained control of the government in 1786, its leaders were men of Prairie du
Rocher.
2 Memorials of the people, to Va. Commissioners, Menard Col., Tard. Papers.
3 Deposition of Carbonneaux, who was an adherent of Winston, Va. State Papers, iii., 430.
INTRODUCTION cxiii
tween the army and the civil government, which had broken out
when John Todd was still in the county.^ That Dodge actually
held a military commission at this time is extremely doubtful. He
had been appointed Indian agent for Virginia and even used that
title occasionally during the year 1782. Since Clark had never
trusted him and his reputation among the Virginia officials was
none too good, it is not probable that he had been promoted
to a position in the army.^ However, after the departure of
Captain Rogers, Dodge gave himself out as commandant of
troops in Kaskaskia and was able to persuade many of the French
people to acknowledge his authority. With him were associated
Israel Dodge,^ who seemed ready enough to follow his energetic
and capable brother, and the more turbulent American immi-
grants. For the next few years John Dodge is the power in the
village of Kaskaskia. Unfortunately most of the records of his
interesting career, which the clerk of the court carefully preserved,
have been destroyed, so that the details can only be obtained
from the rather unsatisfactory petitions of the inhabitants to
Congress.
Dodge's first attack was on the deputy county Heutenant, in
the summer of 1782. The fear of renewed British invasions and
possible treachery were his excuses. Winston had become
thoroughly exasperated with the actions of the Virginia troops,
and probably desired to identify himself with the French party.
At any rate he went about among the people telling them that
Dodge and the officers who had been in the Illinois were vaga-
bonds and robbers, who had only come to the French villages
for the purpose of pillaging. There is no proof that he enter-
tained treasonable designs, and his remarks give evidence of be-
1 Winston to Todd, October 24, 1780, Va. Stale Papers, i., 380; Dodge to Clark, March
3, 1783, Dr. MSS., S2J78.
2 1 have failed to find any such commission. He was always called captain, but the title
was not received for ser\'ice under Clark, as his name does not appear in any list of ofl&cers
and troops serving in the West. (English, Conquest of the Northwest, ii., 1060 et seq.) Colonel
Davies wrote to the governor of Virginia on June 22, 1782, that he did not think there were
any troops in the Illinois or had been for some time. Va. Stale Papers, iii., 198.
3 Israel Dodge was the father of Hon. Henry Dodge, whose life is so closely connected
with the history of the West.
cxiv ILLINOIS HISTORICAL COLLECTIONS
ing inspired solely by personal dislike, and enmity tojindividuals ;
for he excepted Clark from his general condemnation.
On April 29th John Dodge issued an order, which he signed as
captain commandant, to his brother Israel to take a party and
bring Richard Winston before him to give an account of his con-
duct. Even if he had held a military commission such an order
was entirely illegal; and his next act was still more so, for he
ordered that Winston should be imprisoned because he, "has
been guilty of treasonable expressions Against the State and offi-
cer who have the hon^ of wearing Commission in the Service of
their Country; damned them all a set of thieves and Robers and
only come to the Country for that purpose. The above Crime
being proved before, i now deliver him to you prisoner and re-
quest of you to Keep him in surety until he may be brought to
justice." ^
The day of the arrest Mrs. Winston appealed to Antoine Bau-
vais to assemble the court and summon the Dodges to appear
and justify their actions. The court met at one o'clock the same
day but refused to take cognizance of the affair, probably being
willing that their two enemies should fight it out. On the next
day Dodge wrote to Joseph Labuxiere, state's attorney, and asked
for his co-operation. Labuxiere's training was not such as fitted
him to oppose the military power. He had served under France
and Spain where orders from the captain in command were obeyed,
so he took up the case; but he protested that he would not hold
himself responsible to the state or to Winston for the events and
prejudice which might result therefrom. He said, however, that
he was bound to give information to the council of Virginia and
to General Clark and that he had been unable to persuade the
court to draw up the process against Winston without a deposit of
money, which neither he nor Dodge possessed. Labuxiere sum-
moned the witnesses, who were named by Dodge, to appear
before him. The first was Michel Perrault, captain of infantry,
who testified that he wrote to Winston for some supplies belonging
1 The charge against Winston was true, for the French themselves said the same thing in a
memorial to the Virginia Commissioners. Menard Col., Tard. Papers.
INTRODUCTION cxv
to the state and that Winston sent part of them ; that later the
witness, being reduced to "indigence," had sold some of these,
and Winston had then said to him that he was following in the
footsteps of his superiors who were a band of thieves. The
next witness was Major John Williams, former captain of infantry.
He said that he had frequently heard Winston swear at all the
officers of the Illinois troops except General Clark and declare
that they had come to the country only to rob and steal. The
third witness was Henry Smith, who called himself improperly a
former captain in the Illinois battalion. ^ He repeated the testi-
mony of Williams. Labuxiere ended his account of the testi-
mony with a statement that he was aware that he had exceeded
his duties in thus summoning witnesses before him, but that he
thought the importance of the case demanded his action.
While Winston remained in prison, some friend or his wife
obtained possession of John Todd's record-book, which was pro-
bably in Winston's house as it was the property of the county
lieutenant, and entered therein this protest: "Kaskaskia in the
Illinois 29th april 1782. Eighty and touce. This day 10 oClock
a:m I was Taken out of my house by Isreal Dodge on an order
Given by Jno. Dodge in despite of the Civil authorotyDisregardled
the Laws and on ther Malitious acusation of Jhn Williams and
michel perault as may appear by their deposition I was Confined
By Tyranick military force without making any Legal aplica-
tion to the Civil Magistrates. 30th the attorney for the State
La Buxiere presented a petition to the Court against Richard
Winston State prisonner in their Custody the Contents of which
he (the attorney for the State) ought to heave Communicated to
me or my attorney if any I had." ^
Winston was detained in prison for sixteen days, and after
his release persuaded the justices to hear the case in which the
civil authority had been so defied. On June the 30th they ordered
\ In 1781, when he was among those prosecuted by the court for killing cattle (see supra,
p. cvi.) he testified that he was a laborer. His name does not appear on any list of Clark's
troops.
2 John Todd's Record-Book in the library of the Chicago Hist. Soc. This protest is not
in Winstons' handwriting. I have quoted it in full in order to correct several mistakes
which are to be found in the printed version in Chi. Hist. Soc.'s CoUeciions, iv., 289.
cxvi ILLINOIS HISTORICAL COLLECTIONS
Labuxiere to inform them of the witnesses whom he had interro-
gated and to send them a hst of questions which he desired
to have asked, for they wished to end the affair, seeing that
Winston intended to leave the country. The records do not
contain an account of the proceedings before the court, but
Winston was acquitted. After this interesting episode we lose
all sight of Dodge for a few months, and when he reappears
he has won for himself the mastery of the village of Kaskaskia.
The steps by which he acquired his power are unknown; but the
acts of Winston during the last months of 1782 no doubt prepared
the way.^
Winston had good reasons for feeling that the court had not
given him cordial support in his contest for the rights of the civil
against the military power, and it was probably due to his influence
that a new election of magistrates for Kaskaskia was held shortly
after his release. On the sixteenth of June, an assembly of the
people of Prairie du Rocher was held in the house of J. Bte.
Barbau, commandant of the militia, to elect magistrates to fill
the places of Barbau and Louvieres, who had been magistrates
"during the time fixed by the code of government." They had
held their positions since June, 1779. The two newly elected
justices were Aime Compte and J. Bte. Jacquemain.^ On the
fifteenth of September Kaskaskia held a new election, only twenty-
one men exercising the franchise, and six new magistrates were
chosen — J. Bte. Bauvais, Louis Brazeau, Francois Charleville,
Francois Corset, Vitale Bauvais, and Antoine Morin ; but Winston
issued a certificate of election to only the first four, to whom he
also wrote a letter of congratulation.^
It is to be noticed that Vitale Bauvais and Morin were both
members of the former court, which had refused to support Win-
ston against Dodge. In spite of the act of the county lieutenant
1 The papers in the foregoing narrative may be found in the following places. In the
Papers of Old Congress, xlviii., 4, are the two orders for arrest and imprisonment of Winston
and Mrs. Winston's appeal with the call for the court on April 29. The correspondence
between Dodge and Labuxiere with the depositions of the witnesses and the court's letter to
Labuxiere belong to the Cahokia Records in Chicago Hist. Library.
2 Kas. Rec, Pol. Papers.
3 Kas. Rec, Pol. Papers and Letters.
INTRODUCTION cxvii
the other justices gave their support to their rejected associates
and Vitale Bauvais was made president, a position he held
as long as the court continued to sit.
Beaten once again at the election, Winston determined to use
other means of asserting his authority, but he allowed at least
two months to pass before proceeding to the final act. That
act was decisive. Towards the end of November, he posted on
the church door a notice abolishing the court of the district of
Kaskaskia. Thus by act of the civil authority, and not by that
of the military, the court of Kaskaskia came to an end. From
this date until June, 1787, no bench of justices held sessions in
that village.^
Winston himself had decided to go to Virginia. He wished
to obtain justice against John Dodge, to petition for the remodeling
of the government, and to recover the money which he had ad-
vanced to the state. His loans to Virginia had been considerable
and he found himself reduced from affluence to extreme poverty
by his support of the American cause. One of the officials of
the court, the clerk Francois Carbonneaux, had supported Winston
in his action and was to accompany him to Virginia. On Decem-
ber 3d, they persuaded a few Kaskaskians to appoint them
their agents either to Virginia or to Congress for the above pur-
poses. The signatures to this document reveal the strength of
the party of the county lieutenant. Of the signers seven were
Americans and ten were Frenchmen, of the latter five only could
write and but one, Pierre Langlois, had held the position of justice
of the peace. ^
1 The existence of the court can be proved up to November 15th. (Kas. Rec, Petitions.
That it was set aside by a placard on the church door is proved by a letter of the two Bau-
vais and Corset in 1787. (Kas. Rec, Letters.) Winston is unquestionably the one who set
the court aside, for in a memorial to the Va. commissioners, the French party wrote that he
had "annulled, set aside, and revoked the good law which you have given us for the surety
of the country." Menard Col., Tard. Papers.
2 From now on the petitions to Congress are numerous and it is necessary to depend
upon them for much of the narrative, since the local material has been lost or destroyed.
These petitions must be used with caution, for they emanate from different parties in the
Illinois and their value can only be estimated after a careful analysis of their contents to
determine who were the petitioners. First there was the party of Winston. The first petition
was carried by Winston and Carbonneaux, but since Winston died in Richmond in 1784
(Dr. MSS., 4J37), Carbonneaux was the representative of this party at Congress. They
wanted to remodel the existing government and to make Illinois into one district under a
county Ueutenant having sufficient power to maintain order. They had a contempt for the
French, for their lack of intelligence, and for their failure to rule themselves. (Papers of
Old Cong.,lxx.x., 453.) The second party was that of John Dodge, who was more success-
cxviii ILLINOIS •HISTORICAL COLLECTIONS
Before leaving the country Winston made provision for the
maintenance of the county government by the appointment, on
January 8th, of Jacques Timothe Boucher Sieur de Monbreun,
as his successor, but this he did not make public till January
2ist, at which time he confirmed the sale of the office of notary-
clerk by Carbonneaux to Pierre Langlois.^ Before the arrange-
ments for his departure were completed, the announcement
of the arrival of the commissioners for western affairs, sent by
the state of Virginia, had reached Kaskaskia, so that he had a
further incentive for haste.
Although, for lack of other name, it is necessary to continue
calling the government in the Illinois, the county of Illinois, legally
the county had ended twelve months before Winston appointed
his successor. It had been established by the act of the Virginia
assembly in December, 1778, and was to last for one year and
thereafter until the end of the next session of the assembly. - It
was renewed in May, 1780, and continued for a similar period.^
ful by means of intimidation in winning the support of the French people, including the
deputy lieutenant left by Winston, and to whom the Americans looked for leadership. He
was not, however, able to win over the prominent members of the French party, who remained
distinctly hostile. Dodge and his followers advocated the estabhshment of Illinois as a
separate state, being no doubt influenced by the similar demand of the county of Ken-
tucky. Their petition was carried by Pentecoste in 1784. {Papers of Old Cong., xxx., 435,
463.) The third party was that of the French, led by Barbau, the Bauvais, Janis, and
others. The people of Cahokia may be regarded as belonging to this party. The mem-
bers were devoted to the court and the French law modified by the Virginia enactments,
as they had been established by John Todd; but the party had no objection to changes in
the civil organization which might be made by Congress; in fact its members demanded
a government from Congress. Their petitions were carried by Major Lebrun and Mr.
Parker. The writers of their communications were the clerks of the courts. {Papers oj Old
Cong., xh., 113; this vol., p. 567, 581.) The fourth set of petitions were written by a faction
of the French party which remained irreconcilable after the attempted settlement by Colonel
Harmar in 1787 and continued to protest against Dodge. (See post p. xjLxvii.) The leaders
were a priest. Father de la Valiniere, and the clerk of the court, Pierre Langlois, both of
whom wrote the petitions. Their papers contain information of value as they conserve
the older issues of the French party. {Papers of Old Cong., xlviii., 13, 19, 89.) The fifth
set of petitions were of a very different character. They are those signed by Tardiveau,
whose purpose was to gain from Congress concessions of land for all the French and Ameri-
cans in the Illinois. He had persuaded members of all parties to sign agreements with him
to pay him one tenth of the land thus obtained for his trouble. His petitions contain few-
details and statements of fact, since he could not afford to prejudice Congress against any
of his clients. They are very wordy and full of flowery phrases and in proportion to
their length contain little of value. He had obtained copies of all the important memori-
als and papers in the Kaskaskia records and from these he drew his information ; but
since the copies he used are still in existence, they furnish better evidence than his interpre-
tation of them. (See post, p. ciii. Tardiveau's petitions are in Papers of Old Cong.,
xlviii., no et seq.)
^ Memorial of Timothe de Monbreun, Va. State Lib.; Kas. Rec, Court Record, pt.ii., fols
2, 5-
2Hening, Statutes at Large, ix., 555; x., 308; this vol., p. 9.
INTRODUCTION cxix
At the next session there was an attempt to have the act continued,
but without success.^ On the fifth of January, 1782, the general
assembly adjourned and, "the statutory organization of Illinois
expired "and from that time there was no government resting on
positive provisions of law in the Illinois country, until Governor
St. Clair inaugurated the county of St. Clair in 1790.^ .
The reason for this action of the legislature of Virginia is to
be found in the negotiations with the United States in regard to
the cession of this territory. A bill to that effect was passed by
the assembly as early as January 2, 1781; but the business
dragged through several sessions of the United States Congress,
and the cession was not consummated until March i, 1784.^
As is well known, it was not until 1787 that Congress passed an
effective law regulating the government in the Northwest and not
until the spring of 1790 that the governor appointed under that
act reached the French settlements, so that during the period of
eight years the people of the American Bottom were left to them-
selves to settle the problem of government as best they could.
After repeated petitions from the West and many accusations
against officers, Virginia determined in the year 1782 to send a
board of commissioners to these regions to investigate the claims
against her and the whole question of the finances of the Western
army. The accounts and bills as they had come to Virginia were
greatly confused; for Montgomery, George, and other officers
had made drafts without authority, and the amounts appeared
large and were drawn for specie, so that fraud was suspected.*
The commissioners did not start for the West until October.
They sent from Lincoln county on December 4th a notice of
their appointment and powers to Kaskaskia and Vincennes and
I Jour. House of Del., Va., Oct. Sess., 1781; Boggess, Immigration into Illinois (thesis
in MS).
2 See Boyd, "The County of Illinois," in Am^r. Hist. Rev., iv., No. 4, P- 625.
^Jour. of Cong., viii., 199, 203, 253; ix., 47 et seq.; 'Remng,Statutesat Large, id., 571 et
seq.
* Montgomery was authorized by Clark to draw on him and the treasury of Virginia; but
the people preferred drafts on Pollock in New Orleans. These Montgomery was forced to
give and justified his action before a court of inquiry in 1781. Va. State Papers, iii., 433.
See also iii., 56, and instructions and letter of Governor Harrison, Dr. MSS., 46J69, 72.
cxx ILLINOIS HISTORICAL COLLECTIONS
requested that word be sent to Cahokia and St. Louis. A meeting
at the Falls of the Ohio was set for January isth.^
On arriving at the appointed place of meeting, the commis-
sioners found no one. They suspected that Clark and his officers
were conspiring to keep the French representatives from them,
for they learned that the clerk of Kaskaskia, Carbonneaux, and
the delegates from Vincennes had arrived at the Falls and been
sent away.^ Whether their suspicions were correct or not it is
impossible to say. If correct, the attempt was not successful; for
the commissioners were overtaken at Logan in the spring by
Winston and Carbonneaux. The latter made an accusation of
ignorance and neglect of duty against the justices of Kaskaskia.
He also recommended a stronger government for the country
and said that some persons were setting themselves up as lords
of the land. The commissioners believed that he represented
the better elements of his village, instead of a minority as was the
case. Winston did not make any deposition at this time. He
accompanied the commissioners to Richmond, where he died
in great poverty in the year 1784.^
Winston and Carbonneaux were not the only ones to carry
memorials to the commissioners. On March ist, the members
of the French party sent off a ten-page petition concerning the
affairs in the Illinois, in which, although they tried to confine
themselves to claims for payments, as they had been instructed
to do by the commissioners, they recur now and then to the hard-
ships which they had endured. At about the same time another
memorial, signed by most of the men opposed to Winston, was
forwarded and in this was given in detail an account of the double
1 Va. Siate Papers, iii., 327, 389; Kas. Rec, Notice and Letter.
2 In his journal Colonel Fleming, one of the commissioners, is very outspoken about his
suspicions. {Dr. MSS., 2ZZ69). From the same journal it is evident that Carbonneaux
and the delegates from Vincennes were at the Falls in time for the meeting on January 15.
Winston did not start from Kaskaskia till the 21st of the month and the delegate from Caho-
kia, Fr. Trottier, left sometime in March. (See post, p. 145). All the representatives were
at Fort Nelson on March 30th and wrote a letter to Clark from there. {Dr. MSS., 50J80).
3 The deposition of Carbonneaux is obtained from an extract sent by Walker Daniel to the
commissioners February 3d in Dr. MSS., 60 J3 and Va. State Papers, iii., 430; notice of Wins-
ton's death in Dr. MSS., 4J37. I regret that I have been unable to see the journal of this board
of commissioners, which is in the Va. State Lib. Dr. Eckenrode, the state archivist, has fur-
nished me with a few extracts from it, but there was no way of finding out what would be
of use to me except by having the three hundred odd pages copied and this I was unable to
have done.
INTRODUCTION cxxi
dealing of the county lieutenant, who had told the military officers
that the French must be ruled by the bayonet while he was urging
the French to oppose further levies ; and the memorialists further
declared that Winston was responsible for the lawless condition
which prevailed in the country.^
Those who had given freely of their goods for the support of
the American cause were never to receive full recompense for their
services. Most of the bills which were presented were finally
paid by Virginia, but not until they had passed into the hands of
speculators such as Bentley and Dodge, who had given to the
original holders a very small percentage of the face value of the
claims. Later the United States attempted to compensate the
French people for the losses they had suffered by granting them
concessions of land; but the delays were so long, their needs
so pressing, and their foresight so poor that the men to whom
the grants were made sold them for a song to land-jobbers and
speculators, long before the difficult land question of Illinois was
finally settled a generation after the occurrence of the events for
which the French and others had ruined themselves.^
Between the appearance of the Virginia commissioners in
January, 1783, and that of Colonel Harmar in 1787, the Illinois
people were almost completely isolated. On account of the de-
struction of the documents which would have furnished informa-
tion on the events of the period, the view we obtain of the men
and affairs is a very hazy one. This, however, is evident. The
experience of the Kaskaskians during the years of the American
occupation had uniStted them to rise to the dignity of self-govern-
ment and the anarchy only grew worse ; whereas in Cahokia the
court founded by Todd remained in power and was able to pre-
serve order. The difference in the destinies of the two villages
can only be ascribed to the presence of the turbulent frontiersmen
1 They are both in the Menard Col., Tard. Papers, the first an original MS., the other a
copy by the clerk.
1 Atner. State Papers, Pub. Land, passim; Record- Books at Chester, 111. When the United
States accepted the cession of the Northwest from Virginia, it was agreed to reimburse the
latter for all claims for necessary supplies to Clark, provided they were allowed before Sep-
tember 24, 1788. Many bills were presented and allowed before that time (Winsor, West-
ward Movement, 247); but many still remained in the hands of the French unpaid. (Smith,
St. Clair Papers, ii., 168.)
cxxii ILLINOIS taSTORICAL COLLECTIONS
in the southern village; for the inhabitants of the villages were
of the same origin, and their experience had been practically
identical except for the few years of the Virginia period.
We have already seen that many traders came into the Illinois
in the spring of 1779 and others had followed them. Besides
these several soldiers of the Virginia line made permanent settle-
ments in the neighborhood. In the summer of 1779, Montgomery
permitted a number of families to settle, "up the creek about
thirty miles," and this probably marks the date of the beginning
of Bellefontaine, the first village of Americans north of the Ohio
River.^ In 1781, after the abandonment of Fort Jefferson, several
families which had established themselves around that post
came to Kaskaskia and some two years later made a stockade
at Grand Ruisseau, which was under the bluffs at the point where
the road from Cahokia to Kaskaskia mounts the hills.^ The
leading men in these settlements were James Moore, Henry
and Nicolas Smith, Shadrach Bond, and Robert Watts. The
number of Americans scattered on the bluffs, in the villages, and
on the bottom was over one hundred, most of whom were in or
around Kaskaskia.^
If order was to be maintained, it was essential that these
scattered communities should be brought into some relations with
the courts of the French villages. On July 9, 1782, while the
the justices were still holding sessions, fourteen of the Americans
at Bellefontaine petitioned the court at Kaskaskia that they be
permitted to maintain a subordinate court in their village and that
either some one should be appointed justice of the peace or they
should be allowed to elect one from among themselves to that
office; and they expressed a desire to live under the laws of the
county and to be united with the other villages. This petition was
granted and an election was held, in which Nicolas Smith received
ten votes and James Garretson five. The certificate of election
1 Montgomery to Clark, Dr. MSS., 49 J 74.
2 Reynold, My Own Times, 59.
3 In a contract with Tardiveau in the summer of that year, there are 130 signatures of
Americans.
INTRODUCTION cxxiii
was written by James Moore, who signed himself captain. ^ The
organization of the village of Grand Ruisseau did not take place
till the year 1786. Since it was in the district of Cahokia, the
petition was sent to the court sitting in the village of that name.
On January 2d the Americans were permitted to elect a comman-
dant, subordinate to the commandant of Cahokia, and to name
arbitrators to decide disputes, but they were to remain subject
to the jurisdiction of the court. Robert Watts was appointed
commandant.^ It was not until the next year that Grand Ruisseau
received a justice ; but, since the permission to elect such an officer
was dependent on of events which occurred in Kaskaskia, the
account will be postponed to the proper place.^
The submissiveness of the Americans to the Kaskaskia court
did not last long and in their attempt to gain the control of the
government, after the abolition of that body by Winston, confusion
and disorder reached a climax; and anarchy was made more
complete by the drunkenness, insubordination, and lawlessness
of the French coureur de hois and the voyageurs.
Affairs were further complicated by the presence of British
merchants, who had rushed into the region to capture the Indian
trade. The Michillimackinac company, which had a store at
Cahokia, was particularly conspicuous in this competition. The
British were able to undersell the inhabitants in their commerce
with the Indians and, since this deprived the villagers of a trade
which they thought rightfully belonged to them, it was the cause
of several complaints." All the British who appeared in the West
were not simply traders. The British government, which looked
with covetous eyes on these rich lands, sent ageilts into all parts
to report on the disposition of the people. Some of these, al-
though not authorized by their government, openly urged
the French people to unite with England, an issue out of their
• i.
1 Kas. Rec, Pol. Papers.
2 See post, p. 217.
2 See post, p. cxlviii.
^Papers of Old Cong., xxx., 453, xl., 113; Smith, St. Clair Papers, ii., 174; Edgar to
Clark, Dr. MSS., ssJsS-
cxxiv ILLINOIS HISTORICAL COLLECTIONS
troubles which would not have been altogether unacceptable to
the lUinoisans.^
Over this turbulent population the Canadian nobleman, Jac-
ques Timothe Boucher Sieur de Monbreun, had been appointed
governor by Winston. He had been born in Boucherville about
thirty-six years before. While still a young man, he had sought
his fortune in the West and established himself at Vincennes.
He there won the confidence of Lieutenant Governor Abbott
during the latter's short stay in the village and was employed by
him as a confidential messenger. ^ He had readily united with
the people of Vincennes in acknowledging the sovereignty of Vir-
ginia, influenced by the persuasive eloquence of Father Gibault.
He was appointed lieutenant in the militia of the village, and was
one of the officers captured by Hamilton, when the British retook
the place.^ De Monbreun later enlisted in the Illinois battaHon
and received the commission of lieutenant, a position he held with
honor until the fall of 1782, when the necessities of his family
compelled him to ask for his discharge and pay. His letters to
Clark show him to have been a man proud of his lineage and with
a sensitiveness in matters of honor.*
Exactly what his party affiliations were, previous to his ap-
pointment, it is impossible to say. He was connected by marriage
with the Bauvais family. He ran for office in 1782 and received
only one vote. His appointment as deputy county lieutenant
would indicate a close relation to Winston, particularly as the
other official appointed at this time, the clerk Langlois, is known
to have been of that party; yet his service in the army would
show some association with the military party, with which
Winston does not appear to have been on the best of terms; and
his later actions connect him closely with John Dodge. Every-
1 Papers oj Old Cong., xli., 113; Smith, St. Clair Papers, ii., loi; this vol., p. 571; Mc-
Laughlin, "The Western Posts and the British Debts," in Annual Report of Amer. Hist.
Assn., 1894, p. 413; Winsor, Westward Movement, 373; Green, Spanish Conspiracy, ch.
xviii.
^Can. Archives, B., 122, p. 103; Tanguay, Diet. Genealogiqtie, i., 71, 73, ii., 383, 388.
3 Can. Archives, B ., 122, p. 234.
4 Letters and certificates of De Monbreun, Dr. MSS., 51 J24-26; 50J70.
INTRODUCTION cxxv
thing considered, it is probable that his appointment was not
favored by the French party.
On January 8, 1783, Winston issued to him the commission
of deputy county lieutenant and gave him the following instruc-
tions for his guidance: "On every occasion that shall offer to
claim your protection in behalf of the people as well as to support
the cause of the States, you will act in concert with the oldest
inhabitants in order to consider jointly with them the most proper
measures to take concerning the affairs which may arise.
" For your direction I cannot direct you to a better guide than
the 'Code of Laws and Articles of Right' which his Excellency
the Governor has sent and which ought to be in the office of the
court. These you will consult from time to time and mitigate
as much as possible by the old customs and usages of this country.
By adding to this your knowledge of jurisprudence you cannot
fall into error. . . .
"As there is nothing else which occurs to me to call to your
attention, I rely on your prudence and experience as to unforeseen
cases. T wish for you a better success in preserving peace than
I have had."^
The wish was almost ironical, for the conditions in Kaskaskia
were growng steadily worse rather than better, and for this Win-
ston was in part to blame. On account of the discontinuance
of the sessions of the court through Winston's act, the deputy
county lieutenant no longer had the moral support of the best
citizens for the preservation of order. For the next few years
De Monbreun was generally the only judge and at times he is
satisfied to sign this less pretentious title to his name; but the
petitions were addressed to him as county lieutenant. It is evident
that the government in Kaskaskia had reverted to the older
French type, wherein executive and judicial functions were
exercised by one man. That there was a great deal of judicial
business carried on is proved by the numerous petitions and other
legal documents. The notary, Langlois, also found something
to do, as is shown by the inventory of instruments drawn up by
1 Enclosure in Memorial of Timothe de Monbreun, Va. State Lib.
cxxvi ILLINOIS HISTORICAL COLLECTIONS
him. In 1783 there were indexed eighty-five titles and in the
next year, eighty-seven.^ In the year 1784, for a short time, Aime
Compte, the last president of the former court, reappeared and
styled himself, "judge in the village and district of Kaskaskia".
In a petition of June 16, there is mention of " De Monbreun, the
late commandant". It is possible that this marks some political
upheaval which for a time overthrew the deputy heutenant.
This may have been due to the assertion of the rights of the
district against the village, for Aime Compte was from Prairie du
Rocher; but if that is the explanation, the revolution was not
successful, for De Monbreun's activities as governor and judge
can be traced up to the latter half of the year 1786.^
Besides attending to the legal affairs of the district, De Mon-
breun managed to maintain peaceful relations with the Indians.
Raids were becoming more frequent and dangerous during these
years. The county lieutenant held several conferences with the
savages as did the commandants of the other villages. He spent
the public money and private funds, furnished by himself and
the militia officers, to satisfy their demands. By these means a
partial treaty was effected, which in a measure protected the
Illinois country.^
He was also called upon to maintain the honor of the United
States against the infringement of her rights by Spain. In 1785
two deserters from St. Louis took refuge in American Illinois.
Cruzat, the commandant of St. Louis, seized these upon the soil
of the LTnited States and carried them back to the Spanish village.
The action of De Monbreun in the case shows him at his best.
In a very dignified letter, dated October 12th, he pointed out to
the Spanish governor of New Orleans the illegality of the act
and the insult which had been offered to the United States.'*
On the whole, however, the relations between the officials of the
Spanish possessions and those of the Illinois were most friendly.
1 Kas. Rec, Inventory.
^ Kas. Rec, Petitions; Amer. Stale Papers, Pub. Lands, ii., 206.
3 Memorial of De Monbreun, Va. State Lib.; Mason, John Todd's Record-Book, 315. In
this last the date has been transcribed incorrectly or some other error has been made, for De
Monbreun had no civil office in February, 1782.
* Memorial of De Monbreun, Va. State Lib.
INTRODUCTION cxxvii
Many letters passed between them on a variety of subjects,
generally of a legal character. In fact, it was the policy of Spain
at this time to propitiate the French and the Americans of the
West, in order to persuade them either to revolt against the
United States and unite with the Spanish colonies or to emigrate
to the western bank. There has been preserved an interesting
letter, the motive of which must be found in this policy. Shortly
before the episode of the Spanish deserters, Cruzat wrote to De
Monbreun that the merchants of American Illinois might have
the protection of the Spanish convoy in sending down their mer-
chandise to New Orleans.^
Where De Monbreun failed in his government was where Todd
and Winston had failed before him, namely in preserving peace
between the factions. In his memorial to Virginia he has re-
corded the policy which he adopted, " in quieting the animosities
between the French Natives and American Settlers." He writes :
"Without troops to oppose the hostile designs of the savages,
without any coercive means to keep under subjection a country
where a number of restless spirits were exciting commotions and
troubles, the greater circumspection and management became
necessary, and the Commandant was induced to temporize with
all parties in order to preserve tranquillity, peace, and harmony
in the country."^
The temporizing of De Monbreun meant that he permitted
the American settlers, who had found in John Dodge a leader of
force and ability, to control the village. These men understood
better than the French the anomalous position of Illinois — no longer
a part of Virginia and not yet under the control of the United States
— and took advantage of it. Many of them had obtained con-
cessions of land from the court and many more from De Mon-
breun, who was particularly free-handed in making grants.^ It
is very probable that the Kaskaskia government was not strong
enough to deny or limit such concessions. A good example of
1 Memorial of De Monbreun, Va. State Lib .
2 Ibid.
3 Smith, Si. Clair Papers, ii., 169.
cxxviii ILLINOIS HISTORICAL COLLECTIONS
the illegal occupation of land is ofifered by the case of this same
John Dodge. He seized the old French fort on the bluffs, and
fortified it with building materials and two cannon from the
Jesuit building, known as Fort Clark, and was prepared from
this vantage ground to defy what was left of the civil government
in the village ; for the site commanded the defenseless community
below.^ For this seizure of public property there was not the
slightest authority, but no one dared to oppose the act. Dodge
was so audacious and the fort so favorably situated that his
influence was unquestioned in the village, and both the deputy
county lieutenant and the people were compelled to do his bidding.^
He was far more successful than Winston in building up a party
among the French by persuasion and intimidation. One of the
former judges, Nicolas Lachance, became his chief supporter, and
several of the others appeared ready to follow his lead. From
the gHmpses we obtain of the French people, they appear to have
acknowledged the supremacy of the strongest and to have cringed
in a most unmanly manner before the energetic American, or as
a writer to Congress at a later time says: "But seeing they
could not give any information of their unfortunate condition
and consequently obtain any redress, they began the most shame-
full slavery, by flattering their Tyrant and serving him in the
most humiliating manner."^ Dodge, in turn, bullied the people,
struck them with his sword, insulted them, and fought with them.''
' ,* '^Papers of Old Cong., xlviii., 19; this vol., p. 569. The occupation of the fort on the
bluffs by Dodge caused the old fort in the Jesuit building, which was known as Fort Gage
under the British and Fort Clark under the Virginians, to be forgotten, and the villagers
came to speak of the former as the fort, so that men like Mann Butler and John Reynolds,
coming later to Kaskaskia, supposed that it was the Fort Gage captured by Clark in 1778
and thus caused a controversy, curious if not very profitable, over the site of the fort and
Clark's maneuvers. (Butler, Hist. of. Kentucky, 52; Reynolds, Pioneer Hist., 72; for
the history of controversy, see Winsor, Nar. and Crit. Hist., vi., 719, note i.)
^Papers of Old Cong., xxx., 463; xlviii., 19.
3 Ibid, xlviii., 13.
* The fullest information in regard to Dodge is contained in the petitions to Congress of
the year 1787. These were written by that faction of the French party which remained un-
reconciled after the visit to Kaskaskia of Colonel Harmar. (See Post, p. cxxxvii.) The writers
were Father de la Vahniere and the clerk, Pierre Langlois. They exhibit such hostility and
animosity against Dodge that their testimony should be suspected, were not some of the
facts mentioned by them supported by other witnesses. Governor St. Clair wrote in 1790
that: "The Illinois regiment being disbanded a set of men pretending the authority of
Virginia, embodied themselves and a scene of general depdreation and plunder ensued."
{Amer. Slate Papers, Pub. Lands, i., 20.) The whole French party united on June 2, 1786,
in a petition to Congress in which they made charges against Dodge similar to those of De
INTRODUCTION cxxix
The people found difficulty in making their condition known ;
for Dodge was powerful and had many friends, so that his story
was generally believed. He himself drew up a petition to Congress
in June, 1784, asking that Illinois be created an independent
state, and found seventeen French inhabitants to sign it, most
of whom belonged to the least intelligent of the community;
eight were unable to sign their names, one was a woman, and of
the other eight, only four had held office. They were not even
all from Kaskaskia; one was an inhabitant of Vincennes, and
the names of several of the others do not appear in any Hst of
French inhabitants of the Illinois. The other signatures were
those of Americans.^ The French party, a few months later,
appointed Major Lebrun called Belcour to present their griev-
ances to Congress. Petitions were prepared in both Cahokia
and Kaskaskia, but Dodge " prophetsyed, concerning him, be
certain he shall never bear the west coat that he asketh. " This
prophesy was fulfilled, for the bearer of the petitions was killed
on his way east near the Falls of the Ohio.^ A copy of the peti-
tion from Cahokia finally reached Congress, but not until it had
been somewhat disguised and changed.^
Dodge maintained his ascendency in the village until 1786,
in which year the inhabitants became thoroughly aroused and
finally succeeded in overthrowing this representative of "Greek
tyranny." The initial impetus to this action probably came
from George Rogers Clark, who had always entertained a poor
opinion of Dodge. In a letter he wrote to Congress in May,
recommending that body to estabhsh a government in the
la Valiniere but without so many details. (Papers of Qld Cong., xli., 1 13 ; see post, p. cxxx) In
the placard of Commissioner Janis (See post, p. 495) there is an unmistakable reference to the
seizure of building material from Fort Clark. In the record of the court held by De Mon-
breun the influence of Dodge is very evident and that in a case mentioned by De la Valiniere.
(Kas. Rec, Court Record). Several papers in a suit brought by Madame Bentley against Dodge,
give witness of his violence. {Kas. Rec.) There should be added to these the succession of
events which occurred after the departure of Dodge and his later attack on John Edgar. (See
post, p. cxlii.) For these reasons it seems proper to accept the testimony of the leaders of the
smaller faction as that which would have been given by the prominent Frenchmen at an
earlier date, had they had occasion to write about the same events.
* Papers of Old Cong., xxx., 435.
^ Ibid, xlviii., 19.
3 See post, pp. 567 et seq.
cxxx ILLINOIS HISTORICAL COLLECTIONS
Illinois, he says that he had advised the French to revive
their former magistracy.^ There is nothing to show, however, that
any steps were taken in Kaskaskia at that time ; but an opportunity
was afforded shortly afterwards by the presence of Joseph Parker
to send a communication to Congress.^ On the 2nd of June a very
earnest petition was drawn up asking for an immediate govern-
ment, because of the wrongs the inhabitants were suffering from
the British merchants, who threatened to take the country under
the law of that nation, and who were supported by John Dodge
and Nicolas Lachance. These last had made themselves com-
mandants and were acting most tyrannically.^ With this petition
they sent a copy of the one which had been written by the Caho-
kians in 1784, but which had never reached its destination. This
was now somewhat altered so as to give it the appearance of
being also directed against Dodge.^
The petition from the French party was read in Congress on the
23d of August and caused that body to change its action, after
it had supposed that two petitions from the French had already
been considered. The first had been presented by Carbonneaux,
former clerk and follower of Richard Winston, and had asked for
some one with powers to govern;^ the second was the petition
prepared by Dodge on June 22, 1784, which, being accompanied
by a letter from the county lieutenant, De Monbreun, had an
official appearance. Action had been taken on these two in
February and March, 1785, and it had been decided to send a
commissioner to investigate titles, to have magistrates elected, and
to reform the militia; but for some reason no commissioner was
sent.® On December 28, 1 788, three years later, the secretary called
the attention of Congress to this omission, but the needs, for
which the commissioner was to have been appointed, had already
1 Papers of Old Cong., Ivi., 279.
2 I have found nothing concerning Parker.
3 Papers of Old Cong., xli., 113.
* See post, p. 569.
5 Papers of Old Cong., xxx., 453. . ^
*> Ibid, xxx, 431., 483
INTRODUCTION cxxxi
been supplied by the ordinance of 1787 and the appointment of
Governor St. Clair.^
Upon the receipt of this third petition, Congress instructed
its secretary to inform the inhabitants that " Congress have un-
der their consideration the plan of a temporary government and
that its adoption would not be longer protracted than the import-
ance of the subject and a due regard to their interest may
require." ^ In accordance with instructions the secretary sent the
message, employing as messenger the same Parker by whom the
Kaskaskians had sent their petition.
During this critical period the French party received an impor-
tant addition. For some years the only priest in the region had
been Father Gibault, whose assistance to Clark has made his name
so well known in the West. He had taken up his permanent
residence in Vincennes, and therefore the churches in the
American Bottom were neglected.^ Gibault had been sent by the
bishop of Quebec, and his right to exercise his duties still rested
on that earlier appointment. But now the Catholic Church of
the United States had received a head in the person of the Prefect-
Apostolic John Carroll, whose jurisdiction was extended to the
Mississippi valley. The first priest sent by him to this district
was the wandering Carmelite, Father St. Pierre, who undertook
the charge of the parish in Cahokia in 1785 and continued there
until 1789.* Sometime in the summer of 1786 the Rev. Pierre
Huet de la Valiniere arrived at Kaskaskia with an appointment
as vicar general of the Illinois.^ He was the kind of man needed
to draw the French out of the stupid timidity into which they had
^ Papers of Old Cong., clxxx., ii.
^Journals of Congress, iv., 688.
3 Shea, Archbishop Carroll, 469.
* Ibid, 272; this volume, pp. 630, n. 78, 259, 269, 393.
6 Amer. Cath. Hist. Researches, New Ser., ii., No. 3. In this magazine the editor, Mr.
Griffin, has published the most important papers on the life of De la Valiniere, where may
be found the various disputes between him and the other priests. It is impossible to dis-
cuss them here, but Gibault claimed to be vicar general under his appointment by the bishop
of Quebec and was unwilling to acknowledge the superiority of the new appointee. The
matter was peaceably adjusted by the Canadian bishop withdrawing his jurisdiction from
this region. (Shea, Archbishop Carroll, 466.) De la Valiniere entered into a dispute with
Father St. Pierre also, but the latter was supported by the Cahokians, who appealed to the
bishop of Quebec.
cxxxii ILLINOIS HISTORICAL COLLECTIONS
fallen. By nature he was impulsive and erratic, but full of en-
thusiasm for any cause to which he had given himself. In the
year 1779 he had been expelled from Canada for his open espousal
of the American cause ;^ later he came to the United States and
served at Philadelphia and at New York. He was now sent to
a region where his peculiar talents would have an immediate
effect, and, since the French regarded him as a representative of
the United States, to which the Illinois now belonged, his advice
carried great weight.^ It was undoubtedly his example and
inspiration that encouraged the French to continue their resis-
tance to the tyranny of Dodge.
Before the return of the messenger who had carried their
petition to Congress the French people had themselves taken steps
to gain control of their civil government. They first brought
about, in July, the appointment of Maturin BoUvet of St. Philippe
as civil and criminal judge. On August 14th Timothe de Mon-
breun, who had supported Dodge, resigned his office of deputy
county Heutenant and appointed in his place a man who had
consistently supported the French party, Jean Baptiste Barbau
of Prairie du Rocher.^ It is noticeable that neither of the two
newly appointed officers was a Kaskaskian.
Barbau was a man well advanced in years, when he was called
upon to lead the French in their struggle for political liberty.
In 1746, when he married his first wife, he was over twenty-five,
so that in the year 1786 he must have passed his sixty-fifth
birthday. His parents were not Canadians, but had come directly
from France to New Orleans, where he was probably born.^
The long expected reply from Congress was brought to Kas-
kaskia by Joseph Parker in January, 1787. The people were
eager to learn its contents, and sent in haste to Barbau at Prairie
1 Hald. to Bish. of Quebec, Can. Archives, B., 66, i6i.
2 Shea, Archbishop Carroll, 145; Amer. Cath. Hist. Researches, New Ser., ii.. No. 3.
3 Kas. Rec, Petitions; Memorial, of De Monbreun, Va. State Lib. De Monbreun remained
only a short time in Kaskaskia after laying down his office. The records show him still
there in 1787, but after that he appears no more. He went to Tennessee and at an advanced
age died in Nashville in 1826. He had accumulated considerable property which he left to
his children. (Chester Probate Records, March 19, 1827, Randolph County.)
* Marriage contract, Cah. Rec. in, Belleville, 111.
INTRODUCTION cxxxiii
du Rocher that he might come and open it. But the deputy
county lieutenant being ill and unable to come gave his permis-
sion to the clerk to read the communication to the inhabitants.^
There must have been some disappointment felt when they heard
that the government for which they had so ardently hoped was
not yet to be established, but was still to be determined upon.
However, they had succeeded in communicating with Congress,
which was some consolation.
At almost the same time an emissary appeared from a dififerent
quarter. George Rogers Clark had, during the fall of the pre-
vious year, led a force of Kentucky militiamen, without the au-
thority of the United States, against the Indians in the Northwest
territory. He then decided to garrison Vincennes, and now sent
John Rice Jones to buy provisions in the Illinois, where some of
the merchants had promised him assistance.^ The name of
Clark had always been honored by the French, for they still
remembered the kind but firm rule they had enjoyed during that
year when he held not only the military but the civil authority.
They were therefore easily persuaded that Clark and this agent
represented the United States. Jones was well received and his
purchases were guaranteed by a prominent American merchant,
John Edgar, whose relations with the French were far more
kindly than those of his fellow countrymen.^
Dodge, who had never forgiven Clark for his suspicions, and
iThe letter from Barbau is torn so that there remains" of the date only the year and
"anvier." Kas. Rec, Letters.
2 For the expedition of Clark see Winsor, Westward Movement, 275 et. seq.; Secret Jour-
nals of Cong., iv., 313, but see also pp. 301 et seq.
3 Papers of Qld Cong., xlviii., 19. John Edgar was born in Belfast, Ireland, of Scotch-
Irish parents. During the years 1772-1775, he commanded a British vessel on Lakes Huron
and Erie. Heathen went into business at Detroit, where he was an-ested on August 24, 1778,
for corresponding with the Americans, and remained in prison until 1781, when he escaped.
He had learned while in prison of the treasonable correspondence of the Vermonters with the
British government and by giving information concerning it won the confidence of Wash-
ington, George Clinton, and Congress. In 1784 he went to Kaskaskia to establish himself
in trade. The trying years which followed almost drove him to cross to the Spanish bank;
but with the coming of Governor St. Clair conditions became better and he was appointed
to important positions under the new government. For twenty-five years he held the office
of justice of the Court of Common Pleas. During this time he purchased many of the land
claims of the French for a few dollars and in the course of years became the richest land
owner of the American Bottom. In 1798 Congress voted him 2240 acres of land in considera-
tion of his losses in Canada during the Revolutionary War. He died in 1830. Roberts,
Life and Times of General John Edgar, Address in MS. to be printed in Transactions of 111.
Hist. Soc, for 1907; Amer. State Papers, Pub. Lands, passim; see post, p. cxlii. et seq.
cxxxiv ILLINOIS HISTORICAL COLLECTIONS
who, in this case, had right on his side, since Clark was acting
in a most illegal manner in invading the territory of the United
States, opposed the collection of supplies by Jones and was
powerful enough to prevent any sales. Jones went to Vincennes,
however, and returned with troops. The narrator's account of
what then occurred is interesting. "Mr Jones seemed a fine
gentleman who caused no hurt to any body, but entered in the
above said fort on the hill occupied by John Dodge, he
threatened him to cast him out from it if he continued to be con-
trary to America, as he was before, he stood there some days
with his troops, during which time the wheat had been delivered
peaceably and no body has been hurted."^
With the rising anger of the French and the promised assist-
ance of Clark, Dodge began to feel that his position was becoming
a dangerous one. He therefore collected his property and some-
time in the spring crossed to the Spanish side, leaving a farmer
to guard the fort and such of his possessions as he left there.
With the departure of Dodge all difficulties were by no means
overcome. Since the expected authority from Congress to form a
government did not arrive, the people began to clamor for some
immediate form of judiciary, and they naturally turned to the
government which had been established by John Todd. They
knew no other nor was there any semblance of legality to be found
except in the revival of their former civil organization. The
final decision to revive the court came from the people and not
from the county lieutenant, who, however, when consulted gave
his unqualified approval.^
The clamors of the Americans, who numbered over one hun-
dred, were heeded in this new establishment and they were given
the franchise. Unfortunately for the French party the new-
comers were more familiar with the use of the ballot, and by con-
centrating their votes were able to elect three of their own number
to office. These were Henry Smith, John McElduff , and Thomas
Hughes. The other three candidates elected were Antoine
1 De la Valiniere in Papers of Old Cong., xlviii., 19.
2 Barbau to Langlois, May 2, Kas. Rec, Letters.
INTRODUCTION cxxxv
Bauvais, Francois Corset, and J. Bte. Bauvais.* These last had
all held office before. Henry Smith was made president of the
court. He was about fifty years old, and had come from Virginia
to Illinois in 1780 and settled at Bellefontaine.
The first session was held on June 5, 1787, probably without
the presence of the French justices, who were not willing to admit
Americans to the bench. At this session no business was trans-
acted.^ On the 7th of July the French justices posted on the
door of the church a memorial addressed to the people, in which
they set forth their objections to serving on the same bench with
the Americans. The chief difficulties they raised were the im-
possibility of the American and French judges understanding
each other and the hopelessness of finding an interpreter capable
of successfully performing his duties. The protest contained
their definitive decision, and the two parties were compelled to
separate. The result was that the Americans outside the village
were turned adrift, and Bellefontaine, from this time, ceased to
belong to the Kaskaskia district.^ An agreement was drawn up
the day after the protest, in which the signers promised that the
court should remain French as it had been constituted by John
Todd, and that the Frenchmen receiving the next largest number
of votes should be added to the list of judges. These were Vitale
Bauvais, Nicolas Lachance, and Louis Brazeau. The number
of signatures was not large, but the presence of John Edgar's
name gave some promise that his influence would be thrown on
the side of peace.* The presence of the three members of the
1 Certificate of election by Barbau, Kas. Rec. I prefer to explain the composition of
the court as above rather than to regard it as the result of agreement, because tne protest,
of the French justices, noted below, would have been made before rather than after the elec-
tion, if there had been any agreement to divide the court between the two classes of inhabit-
ants.
2 Mason, John Todd's Record-Book, 308; Kas., Rec, Petitions. The government thus
revived is probably the one to which Colonel Harmar refers, when he writes: "There have
been some imposters before Congress particularly one Parker, a whining, canting Methodist,
a kind of would be governor." (Smith, St. Clair Papers, ii., 35.) In a petition to Congress
written by Tardiveau, who favored the American party in the Illinois, it is said: "That a
simple report of a committee of Congress recommending the situation of the Illinois country
has been by some designing persons palmed upon them for a frame of government actually
~ Old ~
established." Papers of Old Cong., xlviii., 209.
^ See post, p. cx\v\u.; InMsiSon, John Todd'i
attended by several Americans from Bellefontaine. They were probably called in on account
See post, p. cxl\'iii.; In Mason, John Todd's Record-Book, 312, there appears a jury trial
ded by several Americans from Bellefontaine. They were probably called '
of an insufficiency of Americans in the village to form a jury.
* Both papers in Kas. Rec. The record of the sessions of this court may be found in the
back of John Todd's Record-Book, 308 et seq.
cxxxvi ILLINOIS HISTORICAL COLLECTIONS
Bauvais family among the justices may be explained by the fact
that few important French families had remained in Kaskaskia
during these trying years, for the majority had preferred to seek
refuge under the Spanish government.
The question of the court had hardly been settled, when Col-
onel Harmar, who commanded in the Northwest, appeared in the
village with some United States troops. He had been sent to
the Illinois to make a general inspection of conditions, particu-
larly to put an end to the anarchy at Vincennes due to Clark's
garrison, and arrived at Kaskaskia on the 17th of August.^ He
was accompanied by Barthdlemi Tardiveau, a French mercantile
adventurer, who had had relations with the Kentucky separa-
tists ^ and was a personal friend of John Dodge, with whose bro-
ther he had lived at the Falls of the Ohio.^ Tardiveau had very
little knowledge of the conditions existing in the Illinois other
than what he had learned from the Dodges; but Harmar was
persuaded that he was the best informed man in the country and
made him his interpreter and chief adviser.^ Dodge returned
to his fort above Kaskaskia where he entertained the colonel,
whose associates from this time were almost exclusively members of
the Dodge party. Even after Harmar had visited the orderly
village of Cahokia, his opinion of the French still remained some-
what affected by the influence of these men, so that he reported:
" I have to remark that all these people are entirely unacquainted
with what the Americans call liberty. Trial by jury etc. they are
strangers to. A commandant with a few troops to give them
1 Smith, St. Clair Papers, ii., 22, note, 30 et seq.
2 Roosevelt, Winning of the West, pt. v., ch. i. I have found several notices of Tardiveau
to prove his importance in the development of the West, but such notices are so disconnected
that almost nothing can be said of his hfe. He lived for a time in Holland and was later engaged
in the fur trade at Louisville, before 1786. His influence with Governor St. Clair was as great
as with Harmar, and he was appointed colonel of miUtia and judge of probate of St. Clair
County. (Smith, St. Clair Papers, ii ., 165.) He evidently did not remain long on the American
side, for he was shortly afterwards at New Madrid and engaged in the Mississippi trade with
Pierre Menard and others. This enterprise failed. (Menard Col., Tard. Papers.) In 1703,
he was associated with Genet's scheme and was appointed chief interpreter. He died before
1800.
8 Papers of Old Cong., xlviii., 13.
* Smith, St. Clair Papers, ii., 31, 35.
INTRODUCTION cxxxvii
orders is the best form of government for them ; it is what they
have been accustomed to." *
Although the majority of the French were ready to accept
without question any disposition that might be made of them,
some members of their party were by no means satisfied with the
course of events. The leader of this faction was the Vicar General
Huet de la Valiniere. His most important follower was the
clerk, Pierre Langlois, who had been an adherent of Richard
Winston and was an irreconcilable enemy of John Dodge. The
priest, however, had lost all influence over the French by his own
tyrannical methods. His was a nature to make enemies, and
during the past year by his close adherence to the canonical law
and his harsh and personal attacks in his sermons against individ-
uals he had managed to stir up every community of the American
Bottom against him.^ He and his associates were not willing to
give up the old issues against the Americans, and were particularly
exasperated that Tardiveau, a friend of John Dodge, should be
the spokesman for the villagers ; for said they, " that frenchman
who speaketh easily the English language is come lately here with
Col. Harmar whom he inspired with sentiments very different from
those which we could expect from a gentleman in his place. He
deceived him in their way as he was himself deceived. He made
him stay, live and dwell only in the houses of friends of Dodge, he
accompanied him everywhere like his interpreter, but he could
not show him the truth being himself ignorant of it, he gave
allways an evil idea to every word proceeding from those who
Dodge thought to be his enemies." ^ Tardiveau could not ignore
this attack and declared that Langlois was opposed to any change
in the regulations made by Todd. To justify himself Langlois,
accompanied by the priest, presented himself before Colonel
Harmar and said : " We desire and expect every day one regula-
tion from the honl Congress, but now till it may come, having none,
^ Smith, St. Clair Papers, ii., 32. A further proof of the influence of Dodge is given by
Harmar's unfavorable opinion of Parker, who had carried the message of the French party to
Congress. Harmar writes that he was very "unpopular and despised by the inhabitants."
(Ibid, ii., 35.)
2 See papers printed in Amer. Cdth. Hist. Researches, New Ser., ii., No. 3.
8 Papers of Old Cong., xlviii., 19
cxxxviii ILLINOIS HISTORICAL COLLECTIONS
we did by common consent aggree to keep the same brought by
Mr Todd, till the other may come, and Mr Tardiveau would do
better to deceive not others as he is deceived himself." The narra-
tive continues : "Afterward the same Mr Langlois having shown
the above said proofs against John Dodge who was present, the
said Dodge was so much angry that in the presence of the Lieu-
tenant Makidoul [Ensign McDowell] with several others in the
yard he did cast himself upon the said Mr Langlois and putting
his fingers in his eyes and hair he would have made him blind,
if the officer had not cryed against him."^
Harmar did not care to become mixed up in the local quarrel,
which he probably regarded as beneath his notice, and gave his
support to the government which had been established, so far as
to tell the inhabitants to obey their magistrates.^ Dodge, how-
ever, felt that the victory belonged to him, and after the departure
of the troops assembled his friends in his fort and "fyred four
times each of his great canons, beating the drums etc."
Harmar brought discouraging news to the American settlers,
who had received land grants from the deputy county lieu-
tenants and courts. They were informed that such titles had
no legal value, since Congress had forbidden settlements on
the north side of the Ohio.^ This affected the villages of
Bellefontaine and Grand Ruisseau. In this condition Tardi-
veau saw his opportunity. He agreed with the settlers to repre-
sent their case before Congress and obtain for each of them a
concession of land, in consideration of one tenth of all land thus
granted. The agreement was signed by one hundred and thirty
Americans. He also represented to the French that their suffer-
ings merited payment in land and offered to obtain for each of
them a grant of five hundred acres on the same terms. The
French had begun to learn the American habit of speculating in
land, at least they thought they saw their opportunity to imitate
that example, and most of them took advantage of the offer. In
1 Papers of Old Cong., xlviii., 19.
2 Smith, St. Clair Papers, ii., 32.
^Ibid, 31.
INTRODUCTION cxxxix
all fifty-three signed the contract at Kaskaskia, as did also the
most representative citizens of Cahokia. To Pierre Langlois
this act seemed to be a surrender to the enemy and he realized
that the French would never reap the benefit, as in fact they did
not, for the majority were too indolent to cultivate the ground
they already possessed. He therefore wrote a letter to Con-
gress saying that the French had been deceived and were not in
need of that form of relief.^
For the next year Tardiveau deluged Congress with petitions.
They were long wordy affairs full of glittering generaHties and
flowery phrases. He had been given copies of all the previous
petitions and other important papers, and out of these he
wove a story to soften the hearts of the congressional dele-
gates; but he was careful not to mention names or particular
events of the last few years, for his constituents were of
all the parties which had divided Illinois politics, and he
wished to obtain lands for all. He painted the French as Hving
in Arcadian simplicity, guided only by the dictates of con-
science and innocently bowing to the hardships thrust upon them,
but through all their troubles retaining an unbounded faith in the
goodness of Congress and a faithfulness to the American cause.
The Americans he pictured as making settlements with all faith
in the power of the courts to grant land, and as being greatly sur-
prised at the illegality of the titles thus obtained. He allowed
himself to speak against Clark and his officers who, on account of
the recent attack on the Indians and the garrisoning of Vincennes,
were in little favor.^ He found that George Morgan and his
associates were attempting to obtain a grant of land for a colony
in the same region and protected the interests of his constituents
from them.^
Tardiveau was successful in arousing an interest in the French
and gaining for them grants of land. Between the years 1788 and
1 791 three laws were passed, either by the Continental Congress
1 Papers of Old Cong, xlviii., 89.
2 See his petitions in Papers of Old Cong, xlvii., 119, 123, 209; xli., 275.
' Papers of Old Cong., xlviii ., 89
cxl ILLINOIS HISTORICAL COLLECTIONS
or the Congress of the United States, by which four hundred
acres were given to every head of a family living in the villages
in the year 1783, and a hundred acres to those enlisted in the
mihtia in 1790; to satisfy the Americans they were granted titles
to lands which had been taken up under concessions of a sup-
posed authority and which had been improved.^ The history
of these land grants belongs to a later era ; for twenty years were
to pass before the many difficulties arising out of them were
settled. Sufficient for our purpose is the fact that very few of
the petitioners or their families were benefited by the concessions,
for, long before the claims were settled, the rights of the original
grantees were purchased by American land speculators. That
story is but a continuation of the present one, the supplanting
of the French by the more virile Anglo-Saxons.^
While Tardiveau was thus representing the misfortunes of the
Illinois to Congress, the Court which had been founded with
such hopes had, after a short period of innocuous existence, passed
away.^ The French of Kaskaskia were not experienced enough
to inaugurate a new movement after the events of the past years.
Had they been left to themselves they might have succeeded as
well as the Cahokians with self government ; but their spirit had
been broken, and their natural leaders had taken refuge on the
Spanish shore. Influenced by the example of the Americans,
the French themselves gave no obedience to the court which they
had established. In 1789 John Edgar summed up the character
of the people of Kaskaskia in these words : " It is in vain to expect
an obedience to any Regulations, however salutary in a place
where every one thinks himself master, & where there is not the
least degree of subordination. You know better than I, the
dispositions of a people who have ever been subject to a military
power, & are unacquainted with the blessings of a free govern-
ment by the voice of their equals. To the commands of a Superior
^ A good account of these laws is given by E. G. Mason in Chi. Hist. Soc. Col., iv., 192
et seq.; see also Amer. State Papers Pub. Lands, ii., 124.
2 In Chester 111. there are several record books containing the record of these sales of
claims. The prices paid for each four hundred acres range from fifteen dollars upwards.
3 Mason, John Todd's Record-Book, 313.
INTRODUCTION cxli
there are no people readier to obey ; but without a superior there
are none more difl&cult to be governed."*
The end of the court was without doubt hastened by the
charge of illegality of its decisions made by the Kentuckians, who
refused to recognize any civil organization in Illinois, saying
that under the act of Congress, neither the people nor the com-
manding officer was authorized to appoint magistrates.^ This
reference is to the "Ordinance of 1787", which created a govern-
ment for the Northwest and under which ordinance Arthur St.
Clair was appointed governor in 1788; but, since the effects of
this act were not extended to the Illinois till the spring of 1790,
the people were without other authority than that which resided
in themselves and were for the moment weakened by the ordi-
nance itself, since it annulled all other jurisdiction than that which
might be established in accordance with its decrees.
The history of the " Ordinance of 1787 " does not fall, however,
within the Hmits of this Introduction ; but in one point it was to
affect the Illinois seriously and immediately. It prohibited
slavery in the Northwest. As soon as this was learned, the French
supposed that the slaves which they had always owned would be
set at liberty. This fear was used by the Spaniards to draw the
inhabitants of American lUinois to their territory as settlers. In
1788 George Morgan, who was, as we have seen, well known in
the lands on the Mississippi, was attempting to make a settlement
at New Madrid. He had been disappointed in obtaining a grant
of land for a settlement on the American side and so accepted the
offer of the Spanish government for a large tract on the western
bank.^ He advertised extensively the advantages of the colony,
where he had been accorded religious toleration and the free
navigation of the Mississippi. One of the arguments he used was
the action of Congress in making the land of the Northwest free
soil. He attracted many French and Americans by this means
in spite of the efforts of Tardiveau and Major Hamtranck, com-
1 Edgar to Hamtranck Dr. MSS., 2 wi 24-142.
2 Hamtranck to Harmar November 11, 1789, Dr. MSS., 2Wia4-i42. This was said
of the court of Post Vincennes, but was equally true of Kaskaskia.
3 Winsor, Westward Movement, 366.
cxlii ILLINOIS HISTORICAL COLLECTIONS
manding at Post Vincennes, who tried to stop the emigration by
assuring the French that Congress had no intention of freeing the
slaves already owned in the territory, an interpretation of the
ordinance which St. Clair later confirmed.*
Another cause of the emigration at this time was the danger
to life and property from the Indians. Several tribes of the North-
west were on the warpath and had ceased to spare the villages,
as they had previously been inclined to do, when the attachment
of the French to the Americans was uncertain. The Miami, the
Wabash, the Kickapoos, and the Pottawattamies were all accounted
enemies and had made attacks on the unprotected settlements.^
The villages in the Illinois suffered most, however, from the Pianke-
shaws of the Spanish bank, who were incited by the Spaniards
to burn and murder until the inhabitants should be forced to take
refuge under the Spanish government. A writer from Kaskaskia
says: "It is well known that the minds of the Indians are con-
tinually poisoned by the traders on the other side, who set off
America in the most despicable light possible, which has not a
small influence with the Indians. Government may not encourage
it, but surely if friends to us they ought to put a stop to it."^ On
October 8, 1789, John Dodge, who was glad enough of an oppor-
tunity to revenge himself, led a band of these Indians and Some
whites into the village of Kaskaskia and attempted to carry off
some slaves belonging to John Edgar, the most prominent and
one of the last Americans to cling to that village. Although he
failed, the Hves of Edgar, his wife, and John Rice Jones were
for a time in the greatest danger.^
It is possible that the Spanish government did not send out
such expeditions as that led by Dodge, yet the purpose accom-
plished by such a policy was in accordance with the instructions
from the government, if we are to believe the report of Chouteau,
^ Smith, St. Clair Papers, ii., 103, 117, 122, 176; Dawson to Governor Randolph, January
29, 1789, Va. State Papers, iv., 554; Hamtranck to Harmar, March and August, 1789,
Dr. MSS., 2W17, 70.
2 Hamtramck to Harmar, Dr. MSS., 2W17, 39.
3 Edgar to Hamtramck, October 28, 1789, Dr. MSS., 2W124-142.
* Ibid.
INTRODUCTION cxliii
who informed Edgar that "orders had been received from New
Orleans by the Lieut. Gov'' of St. Louis, for him to make every
difficulty possible with the people of this side, so that they might
thereby be forced to go to live on the other. "^ That they might
be induced to change their allegiance, Governor Miro issued a
proclamation offering land gratis and other attractions to all new
comers.^
A further means of inducing immigration was the enticement
of the French priests to the Spanish side. Father Le Dru, who
had succeeded De la Valiniere at Kaskaskia, Father St. Pierre at
Cahokia, and later Father Gibault were persuaded to take parishes
in the Spanish territory. The cause mentioned was not the only
one which affected the priests ; for they found the French of the
American Bottom very indifferent about reHgion and both unable
and unwilling to pay tithes, thus making it impossible for the
priests to live among them.^
The result of the hardships which the French had endured
during these years and the long deferred fulfilment of their
dreams of peace and independence was a striking decrease in the
population of Kaskaskia. We have seen that in 1778, when
George Rogers Clark occupied the village, there were about five
hundred white inhabitants.'* In 1783 there were 194 heads of
famiHes. As thirty-nine of these were newly arrived Americans,
the figures apparently prove that the French population had re-
mained about stationary.^ By the census of 1787, there were
191 male inhabitants in the village.* Counting 150 women and
female children, which is probably too high an estimate for a
frontier community, the population was about 341, which would
mean a decided decrease. The period of the greatest emigra-
tion occurred between the years 1787 and 1790, when anarchy
reached its climax in Kaskaskia, and the Spaniards were holding
1 Jones to Hamtramck, October 29, 1789, Dr. MSS., 2W124-142. /
2 Smith, St. Clair Papers, ii., 122.
3 Jones to Hamtramck, October 29, 1789, Dr. MSS., 2W124-142.
*See 5«^ra p. xvi.
5 Mason, Early Illinois Citizens, Chi. Hist. Soc.'s Collections, iv., 198 et seq.
^Papers of Old Cong., xivui., 181.
cxHv ILLINOIS HISTORICAL COLLECTIONS
out the greatest inducements to settlers on the western bank of
the river. There has been preserved a Hst of the male inhabi-
tants in Kaskaskia for the year 1790, in which the heads of
families are enumerated. The number is 44.^ This is a de-
crease of over 77 per cent in the French population of the village
since 1783. This Hst is interesting on account of the names which
are missing. Almost all the men who had been leaders of the
French people throughout the period of the county of Illinois
were no longer residents of Kaskaskia. We look in vain for the
names of Cerre, Vitale, J. Bte., and Antoine Bauvais, Corset,
Lasource, the elder Charlevilles, Morin, De Monbreun, Langlois,
Levasseur, Lafont, Carbonneaux. They have crossed the river
to seek peace and safety under the flag of Spain.
The picture of the village of Kaskaskia as described by its
people in these last days in a petition to Major Hamtramck is one
of utter misery and despair. They wrote : " Our horses, horned
cattle & corn are stolen & destroyed without the power of making
any effective resistance: Our houses are in ruins & decay;
our lands are uncultivated; debtors absconded and absconding,
our little commons, destroyed. We are aprehensive of a dearth of
corn and our best prospects are misery and distress, or what is
more pr'obable an untimey death by the hands of the savages.
"We are well convinced that all these misfortunes have be-
fallen us for want of some Superior or Commanding authority;
for ever since the cession of this territory to Congress we have
been neglected as an abandoned people, to encounter all the
difficulties that are always attendant upon anarchy and confusion,
neither did we know from authority until latterly, to what power
we were subject. The greater part of our citizens have left the
country on this account to reside in the Spanish dominions ; others
are now following, and we are fearful, nay certain, that without
your assistance, the small remainder will be obHged to follow
their example." ^
In the foregoing petition the people begged Major Hamtramck
^ Mason, Early Illinois Citizens, Chi. Hist. Soc.'s Collections, iv., 209.
1 Dr. MSS., 2W124-142.
INTRODUCTION cxlv
to send twenty soldiers with an officer to maintain order and to
give them authority to establish a civil government. The peti-
tion was accompanied by a letter from John Edgar, who promised
to furnish barracks and supplies for the soldiers at the very lowest
price until the governor could make other arrangements.^ This
Hamtramck had no authority to do, nor could he afford to send
the men; but he forwarded the petition, and so far exceeded
his powers as to authorize the formation of courts of justice.
These were never established, since justices without troops would
have no means of enforcing the law.
The trials of the last year broke the courage of John Edgar, who
had realized the possible greatness of the territory, and had used
his influence to promote peace and to bring a government to the
disordered and disheartened village. In November, 1789, he
wrote: "The Spring it is possible I can stand my ground, sur-
rounded as we are by Savage enemies. I have waited five years
in hopes of a Government; I shall wait until March, as I may
be able to withstand them in the winter season, but if no succour
nor government should then arrive, I shall be compelled to aban-
don the country, & I shall go to live at St. Louis. Inclination,
interest & love for the country prompt me to reside here, but
when in so doing it is ten to one but both my hfe & property will
fall a sacrifice, you nor any impartial mind can blame me for the
part I shall take."^ Edgar was not compelled to abandon the
country of his adoption, for in the month designated Governor
St. Clair arrived in the village of Kaskaskia.
The history of the village of Kaskaskia at which the county
government had been estabHshed is the story of the prolonged
suffering of the French population. Tyranny followed upon
tyranny. After the Virginia troops had stripped the people, came
John Dodge with his policy of terrorism, and when he had been
overthrown and the French people had seized the power, their
hands were too feeble to maintain order at home, and their village
1 Dr. MSS., 2wi24-i42.
2 Ibid.
cxlvi ILLINOIS HISTORICAL COLLECTIONS
became the prey of the savages and Spaniards. From this picture,
it is a pleasure to turn to the village of Cahokia at the extreme
north of the American Bottom. Here the troubles were somewhat
similar in kind as those at Kaskaskia, but never so virulent and
the court of the district of Cahokia was able to estabHsh itself and
its authority so securely that even the abandonment by Virginia and
the United States could not shake it. The letter from the state's
attorney, Joseph Labuxiere, printed in this volume draws the
contrast between the conditions existing in the two villages in the
following words: "The misunderstanding of the magistrates of
Kaskaskia and the extreme disorder of the business of the individ-
uals, occasioned by some persons greedy for money, have com-
pelled me to withdraw with my family to Cahokia, where I have
found the inhabitants filled with the unity of peace and fidelity
to the states, and a court which the justices are careful to administer
with equity to those who ask its help."^
Another fact gives striking proof of the condition described by
Labuxiere. At the beginning of the period the population of
Cahokia numbered about 300 inhabitants.^ In the year 1787 a
careful census was made and there were 240 male inhabitants,
which would make the total population over 400, and in 1790
Cahokia was capable of supporting three companies of militia while
Kaskaskia had but one.^ Thus while Kaskaskia was decreasing,
Cahokia was growing both in size and in importance, and be-
coming the "metropolis" of the American Bottom.
As far as can be learned Francois Trottier was the commandant
of the mihtia throughout this period and it is due largely to his
efficient administration of the police that the village prospered.*
The justices were elected annually by the assembly of the people
until the passage of the Ordinance of 1787, when, in anticipation
of a new government, regular elections ceased and the same jus-
1 See post, p. 589.
2 See supra, p. xv.
" 3 Mason, Early Illinois Citizens, Chi. His. Soc.'s Collections, iv., 216 et seq.; see post, p.
632.
* In 1785 Antoine Girardin held this oflBce temporarily as did J. B. Dubuque at a later
period.
INTRODUCTION cxlvii
tices continued in office. In August, 1788, there was an election
of three magistrates to fill vacancies made by resignation. It was
the last election held in the county of Illinois. The justices held
their sessions with great regularity and their administration was
admirable.
The relation of Cahokia to the county government was never
very close. In fact the people Of that village did not appear to
have any very great respect for the Kaskaskians; for in their
petition to Congress in 1786 they begged that body not to submit
them to the jurisdiction of the southern village, because they knew
" the incapacity, spite, and partiality of those who would exercise
it."^ The high sounding title of deputy county lieutenant meant
little more than head of Kaskaskia. This at least was the feel-
ing of the Cahokians, and the only hint that such was not the
actual condition is the fact that Timothe de Monbreun made
several journeys to Cahokia in order to negotiate with the Span-
iards and Indans in the interest of the whole territory.^ That he
or any of the other deputies of John Todd really had the power to
interfere in the affairs at Cahokia is not apparent from the records,
and, in the absence of proof and in view of the actual powers
exercised by the court of the village, it seems best to regard the
county government as more formal than actual.
We have seen that the Kaskaskians complained of the estab-
lishment of the Michillimackinac company at Cahokia. From
the year 1783 many British merchants found their way to the
Illinois and established stores in the village. Among the names
which occur are J. B. Perrault, representing Marchisseaux of
Montreal, James Grant, Meyers, Tabeau, Guillon, WiUiam
Arundel, John Askins, and others.^ These merchants practically
monopolized the fur trade of Illinois; but the Cahokians,
finding that they interfered with the Indian trade as well, were
strong enough to make regulations to protect their own interests"
and gave a limited monopoly of that trade to one of the citizens
1 See post, p. 587 .
2 Memorial of De Monbreun, Va. State Lib.
3 Narrative of Perrault in Schoolcraft, Indian Antiquities, iii., 355; this volume, passim;
Smith, St. Clair Papers, ii., 174.
cxlviii ILLINOIS HISTORICAL COLLECTIONS
of the village and prohibited all sale of liquor to the savages
by others.^ When the Indian outrages reached their climax
in the year 1789 and Kaskaskians were begging the military officer
at Vincennes to send troops for their defense, the court of Caho-
kia still further regulated intercourse with the Indians and
forbade all sale of liquor by any one.^
Exactly how the Cahokians were affected by the intrigues of
the Spaniards in the later years, it is impossible to say. At the
end of the record of the sessions will be found an unexplained
punishment of a Frenchman from St. Louis who was evidently
attempting to undermine the power of the court ; but once again
that body was equal to maintaining its authority and, from the
complaint of the prisoner, it would appear that the support of the
villagers was given to the government.^
Cahokia was not disturbed by the Americans in the same way
as her sister village, for the American troops did not remain in
the village after 1780 and very few individuals took up their
residence there. Aside from the British merchants only four non-
French names appear in the later years as actual citizens, Thomas
Brady, PhiHppe Engel, Isaac Levy, and William Arundel, and of
these the first three seem to have become completely gallicized
and to have married French women. The American settlers who
came in closest contact with the Cahokians resided at Grand
Ruisseau, which fell within the district of the village. In 1786
they were permitted by the magistrates, as we have seen, to ap-
point a captain of militia, but they remained subject to the im-
mediate jurisdiction of the court except in such cases as might
be decided by arbitrators.^
Cahokia, however, was not to escape wholly without trouble
from these neighbors. After the failure of the Americans in the
spring of 1787 to capture control of the court of Kaskaskia the
settlers of Bellefontaine and Grand Ruisseau determined to
establish a rival and independent court, for which purpose
1 See post, p. 73, 1-5, 215, 259, 575
2 See post, p. 607.
3 See post, p. 437-
*See post, p. 217.
INTRODUCTION cxlix
they held an election and chose magistrates. If the movement
had been confined to the first named village, which was in the
district of Kaskaskia, the Cahokia government might not have
made any opposition; but the inclusion of the village of Grand
Ruisseau was an affront to the one French court which had
proved its right to exist. Fortunately for the Cahokians, the
leaders of the movement wished to supplant Robert Watts, their
appointee, in his office of commandant. This aroused Watts to
immediate action, particularly as his rival was James Piggott,
a man who represented the more restless and impatient element
among the Americans.*
Watts came to Cahokia and addressed the court in Ciceronian
periods, pointing out the danger which threatened the law and
order of the district by this innovation or revolution. The danger
was not exaggerated. The court at Cahokia represented the
only stable power in the Illinois at the time, and with a rival
cpurt of Americans at Grand Ruisseau and Bellefontaine, there
would inevitably have followed disorders which might have
taken on the character of a civil war between the two peoples.
Certainly the two courts would not have acted together for the
suppression of lawlessness. The action of the court of Cahokia
was prompt and energetic. It prohibited the holding of any
independent assemblies of the people or sessions of the court,
and condemned the leaders of the movement to be put in irons
for twenty-four hours and, in case they disobeyed the order of
the court, they were to be driven from the territory. The magis-
trates of Cahokia were not weak. Their decrees were executed.
In striking contrast to the timidity and inefficiency of the court
of Kaskaskia is the action recorded by the hiissier under that
decree against the Americans: "The present decree has been
executed the same day."^
This revolution occurred in August or early in September.
The Cahokia justices now felt the need of taking some steps to
^ Piggott was later appointed by St. Clair one of the first judges in the district of
Cahokia. Smith, St. Clair papers, ii., 165; for some account of him see post, p. 190, note i.
2 See post, p. 597 et seq.
cl ILLINOIS HISTORICAL COLLECTIONS
satisfy the demands of the Americans. Those at Bellefontaine
belonged by right to the Kaskaskia jurisdiction, but to expect
from the Kaskaskia French the maintenance of law and order
was hopeless. Therefore, when all the Americans of the region
petitioned for admittance to the district of Cahokia and the
right of electing a justice of the peace at each of the two chief
settlements, the petition was granted at the October session of
the court, and the election of a justice and a militia officer at
Bellefontaine and of a justice at Grand Ruisseau was confirmed
on November 2d.* Thus around Cahokia there centered all
the forces which made for peace and order, and even the American
settlers, who had assisted in the overthrow of the court of Kaskas-
kia, were able to escape the anarchy which their presence had
produced only by submitting to the Frenchmen of the northern
village.
As may be seen in the following pages, the court at Cahokia
continued to maintain order in its district until other and more
legal regulations were made. During the last years the court was
constantly expecting the arrival of the governor, who had been
appointed in 1788 under the law creating the Territory Northwest
of the Ohio River; but Governor St. Clair was unable to reach
the Illinois until two years after his appointment. Finally after
long delay, on March 5, 1790, he actually arrived in Kaskaskia.
This was the limit of time John Edgar had fixed to which he
would wait for the inauguration of a government at that village.
The Cahokia court held its usual meeting in the same month,
and again on the first of April the court heard suits brought
before it and adjourned to the first of May. Here the record of
the sessions of the Court of the District of Cahokia of the county
of Illinois ends, for on the 27th of April the county of St. Clair
was instituted and two days later the appointment of the judges
of the new courts was announced.
The history of these new courts is of a later date than the
limit of the present Introduction, but the next period in the
history of Illinois is a continuation of that which we have already
1 See Post, p. 3oy
INTRODUCTION cli
reviewed. The French were not able to struggle against the
Americans, who were now placed in the ruling positions, and
a new exodus of the population began. To follow the destinies
of the more energetic families named in these pages, it is neces-
sary to cross the river. The descendants of J. Bte. Barbau, of
the Bauvais, the Sauciers and the Trottiers are to be sought not
in the territory or state of Illinois, but in that territory which for
a few years remained under the dominion of Spain, where the
French took refuge. The census of several old French towns of
the western banks of the Mississippi reveals the presence of
many families once inhabiting the American Bottom. The
French have not figured prominently in the later history of Illi-
nois, but the continuation of their civilization is found in the sister
state of Missouri, where they still form an important element
in the population; or else in the far West, where many de-
scendants of the sons of Kaskaskia and Cahokia fled before
the advance of the American settlers and followed the life
for which they had been trained, that of trader, pioneer, and
trapper.
In the foregoing history of the "County of Illinois" I have
based the narrative upon the source material that has been pre-
served from that time, some account of which should be given, since
several of the collections studied have been unknown to previous
historians of the period and none have been used so extensively
before.
I. Kaskaskia Records:^ These were found by myself in the
office of the circuit clerk of Randolph county at Chester, Illinois, in
the late summer of 1905. They consist of 2804 eighteenth century
documents of all sizes, ranging from the scrap of paper to a volume
of 444 pages, and of all kinds of legal instruments, ordinances, and
letters. The number issuing from the county of Illinois is 506.
I have classified them according to character, i. e., certificates,
land grants, political papers, etc. They are cited as follows:
^ Alvord, "Eighteenth^Century French Records in the Archives of Illinois," Annual
Report of Amer. Hist. Assn. for 1905.
clii ILLINOIS HISTORICAL COLLECTIONS
Kas. Rec, Pol. Papers, etc. This collection belongs to the
county of St. Clair and is kept in the fireproof office of the
circuit clerk. Temporarily it is loaned to the library of the
University of Illinois for my use. One document, which I failed
to see at the time of the discovery, is still in Chester. Since it is
of great value and no report has yet been made upon it, I give a
description of it here. It is a court record of 256 pages. Pages
1-57 contain the records of the sessions of the court of judicature
founded by Colonel Wilkins in 1768 and of the judgments of the
military commandants, acting as judges after the aboHtion of
the court, up to January 30, 1773. Pages 57-90 were used to
record deeds, etc., from May 9, 1776, to June 23, 1778. The
rest of the book contains the registrations for the next two years,
made by the clerks after the occupation of the country by Clark.
Several of the pages are missing.
2. Cahokia Records:^ These belong to the county of St.
Clair, Illinois, and are kept in a fireproof museum in the court-
house at Belleville. The most important of these documents are
printed in this volume and need no further description. Besides
those printed, there are a number of marriage contracts and other
instruments in Belleville; and 170 documents, which were for-
merly in the county treasurer's office, are now in the library of
the Chicago Historical Society.^ The proper citation is Cak. Rec.
in Chicago or in Belleville, 111.
3. Menard Collection: This consists of the correspondence
and letter-books of Pierre Menard, who settled in Kaskaskia in
1790. The majority of the letters date from the latter part of
Menard's life ; but in the collection are four large bundles of let-
ters and documents which belonged to Barthelemi Tardiveau, agent
of the Illinois people in 1787 and 1788. Two of these bundles
are composed of copies of records from the Kaskaskia record-book
and some original manuscripts, which he used for his information
in drawing up his petitions to Congress. There are in all sixty-
one selected documents emanating generally from the French
1 Ibid; Bulletin of the III. State Hist, lib., vol. i, No. i.
' I have learned too late to make the necessary changes in the foot-notes that the Chi-
cago Historical Society has returned these documents to Belleville.
INTRODUCTION cliii
inhabitants, which makes this collection one of the most valuable
for the history of the county of Illinois. The majority of these
document were copied by the clerk of the court in the spring of
i78i,at the time the people of Kaskaskia commissioned Prevost
and McCarty to represent them at the capitol of Virginia.^ They
are all properly authenticated by Richard Winston, deputy
county heutenant.
4. Draper Manuscripts:^ These are so well known that a
description of them is unnecessary. They were collected by
Lyman C. Draper during his long and useful life, which he devoted
to the collection of material for the study of western history, and
they form the most valuable part of the Wisconsin Historical
Society's collection of manuscripts. For my purposes the George
Rogers Clark Manuscripts, contained in sixty-five volumes, have
been of the most use. They are cited as Dr. MSS. 52J50, the
first number being the volume, the second the page and the
letter (J) the library symbol for the Clark MSS. I went through
these volumes and had copies made of all the manuscripts which
would be of value to me. Most of the copies were from original
documents, but, since on the copies it was not indicated whether
they were from original manuscripts or copies, I have not dared
trust to my memory to indicate this distinction in the footnotes.
I have made some use of other collections in the Draper Manu-
scripts, particularly the Harmar MSS. These are copies made by
Mr. Draper.
5. Haldimand Collection: Frederick Haldimand was ap-
pointed governor of Canada in September, 1777, and held this
position until 1784. During this time his correspondence was
large and this he carefully preserved. It is now in the British
Museum and the Public Record Office in London. The collec-
tion contains the letters, reports made to him, and copies of im-
portant papers which were enclosed in these. The Canadian
Archives has had transcripts of this collection made and has
calendared it in its Reports. The copies I have used were made
1 See supra pp. ciii., n. 3, cxxxviii.
2 Thwaites, Descriptive List of MSS. Collections.
cUv ILLINOIS HISTORICAL COLLECTIONS
from the Canadian transcripts. These are cited as Can. Archives ^
B., etc. Many of these have been printed in the Michigan Pio-
neer and Historical Collections and the Illinois Historical Collec-
tions, Vol. I.
6. Papers of Old Congress:^ Many petitions with enclosures
were sent by the people of Illinois to Congress. These have
recently been transferred to the library of Congress.
7. Collection of Virginia State Library: There is a quantity
of unused manuscripts in Richmond, to which I have had partial
access ; but, since they have not been catalogued, there are many
important documents which I have not seen.
8. Miscellanies: I have used letters and documents in the
possession of other institutions and several private individuals,
to which references are made in the proper places.
It is to be regretted that I have not seen several important
collections, which might have thrown light on the subject. They
are the following: Private library of C. M. Burton of Detroit,
Michigan ; collection of documents from Vincennes in Vincennes
University and Indianapolis Public Library; private library of
Colonel R. T. Durrett of Louisville, Kentucky; and the Bancroft
Library of the University of California.
The printed sources for the history of the county of Illinois
are numerous, and an effort has been made to see everything.
Those used will be found listed in the bibliography at the end of
this volume.
After considerable study of the problems of transcription and
translation, I determined to make the former as similar to the
manuscript in every particular as the printed page will permit.
For this reason the superior letters and repetitions have been
retained, as being very characteristic of the methods of the writers.
All erasures, however, have been omitted, after a careful con-
sideration of each case had made it certain that no information
of value would be lost thereby. Insertions made by the clerk in
the margin have been included in their proper places in the text.
' A practically complete inventory of these papers is printed in "Bulletin of the Bureau
of Rolls and Library," No. i.
INTRODUCTION civ
The punctuation and paragraphing have been copied as in the
original, with the exception of the periods placed at the end of
each paragraph. These are not always found in the text. There
were numerous cases of doubtful paragraphing, each of which
has been decided in accordance with what seemed to be the in-
tention of the clerk. In order to save space the list of judges is
printed in double instead of single columns, as is the rule in the
record. Occasionally I have inserted a word in brackets which
had been omitted by accident or torn out. Brackets throughout
the volume indicate insertions by the editor, the word or words
being in roman letters, where an evident omission or mistake by
the original writer ; in italics, when merely an explanation. Assur-
ance of the correctness of the transcription in cases of bizarre
speUing, etc., has been indicated by the conventional sic, which
has been used only when the mistake appeared very extraordinary
or might be thought an oversight in the proof-reading. The writers
of these records, like many of their contemporaries, preferred the
phonetic to the historic spelling. The most common mistakes are
made in the vowel before the nasals and in the endings 6 and er,
these latter being spelled in any way that will produce the sound.
Frequently the pronunciation of an unrecognized word will lead
to its identification. To the duplication and transposing of
letters are due such forms as defjendeur, effest, defjucnt. In tran-
scribing I have followed this principle, that, when there was a
legitimate choice between an apparent bizarre spelling and a
possibly correct one, preference should be given to the latter. I
feel quite confident that the number of mistakes in the transcrip-
tion is very small, for, in the preparation of the manuscript and in
proof-reading, Mrs. Alvord has collated it twice with the originals
and I have made five such comparisons. This is true of all the
transcriptions except those of the Cahokia records in Chicago,
for which I have had to trust to my original copies.
The translation of the records has offered many difficulties,
due largely to the haste with which the clerk was obliged to
write the testimony as he heard it. The sentences are frequently
involved, abbreviated, or not finished. The French is on the
civi ILLINOIS HISTORICAL COLLECTIONS
whole good, by no means a patois,^ and the legal phraseology
excellent, particularly that of Joseph Labuxiere, who was a well-
trained notary. In making the translation I have had in mind
the needs of the many readers who do not understand the original
language. The first requisite in such a work has seemed to be
a faithful and clear interpretation, which should follow closely the
original rather than the production of a piece of finished English.
Since the translation may be used by the reader of French as a
running commentary, it has obviated the need of numerous
footnotes to the text. All proper names have been spelled in the
translation in accordance with the following principle: in all
cases where I have found a signature, that spelling has been
adopted ; in all other cases, the modern form as found in Canada
has been used, provided identification was possible.
1. I would not undertake to pronounce upon the character of the written French
without the support of other authority. A French traveler to the village of
Vincennes in the eighteenth century was surprised to find that the language of the people
was not a patois as he had been led to expect. (Volney, View of the United States, 373;
see also Flagg, Far West, in Thwaites, Western Travels, xxxvii., 55.) Mr. Benjamin Suite,
who has read the proof of this book , writes that the French is next to the best and the
legal phraseology excellent. My colleague, Professor Thomas E. Oliver of the depart-
ment of modern languages, who has given me great assistance in the translation, laid
down the principle for guidance in the interpretation of difficult passages that aside from
misspelling and abbreviated sentences, the writers follow the correct usage. By the appli-
cation of this principle many difficult problems of translation have been solved.
PETITION TO CLARK '
To George Rogers Clark Esq'r CoUonel and Commandant
of the Eastern Illinois &ca.
The Pettition of Jean B*« DeCoste.
Humbly Sheweth —
That he has had a Considerable demand against M^ Hanson
of this Town and has never been able to make him answer thereto,
and the Petitioner having heard that the said M^ Hanson is about
leaving this Place he has recours to you, begging you will be
Pleased to order the said Hanson not to depart without giving
suflacient security for the Settlement of the affair between him
and the Plaintif and will ever as in duty bound pray &c. —
Kah6s the 27*^ Aug* 1778.
his
Jno. Bte. + De Coste.
mark.
Ce que J. B. De Coste a payer pour la Societte
Ib^ S D
pay sur leur Billet de son propre 3327. i4- 6
paye un Billet 120 ^^ peletier 240.
paye un autre 193 ^^ Di 386.
L3953. 14. 6
De Coste a paye Hanson 1976. 17. 3
3347- 14- 3
135-
3482. 14. 3
1 Original manuscript; Chicago Hist. Soc, Cahokia Records. Transcription by the editor.
These records were formerly in the treasurer's office of the courthouse in Belleville, 111.
Alvord, Eighteenth Century French Records, in Annual Report of Amer. Hist. Assn., 1905,
»•, 365-
2 Livre, which was equivalent to the modern jranc.
STRAY LEAVES FROM THE COURT OF THE COM-
MITTEE OF CAHOKIA^
Islinois ss
By ordre of the Committe of Cahds
II est ordonner a M^ Antoine Harmand d*^ Sanfafon de parroitre
devant la Cour de Committee des Cahos Vendredy prochain
trent du present mois pour repondre a la Demand de Dominique
O'flanigan a cela vous manquera point et de celluy faite votre
retour Donne au Kahos 29™ d'Octo^ 1778^
a Mons Gab^ Constante Richard M' Carty Clke'
pour Signifier celluy
Virginie Illinois ss
By Joseph Bowman* Esq. Capt. Commandant, Presid* of the
Court of Cah6s &ca. &ca.
Whereas Mr. De Breuil of St. Louis makes complaint to me
that M^ Antoine Lepage of St. Josephs is indebted unto him in
the Sum of eighty eight livres five Sols Peletries by his note of
hand Dated ii*^ January 1770. and tho' several times Demanded
1 Original manuscripts; Chi. Hist. Soc, Cah. Rec. Transcription by the editor. The
first is the earliest known document issuing from the court established by G. R. Clark at
Cahokia. See Introdiiclion, p. xlvi.
2 Translation: "M. Antoine Harmand called Sansfafon is summoned to appear before
the Court of the Committee of Cahokia Friday next, the thirtieth of the present month, to
answer the prayer of Dominique O'Flanigan. In this you shall not fail and make tliereof your
return. Given at Cahokia, October 29, 1778. To Gabriel Constant, to make service there-
of. Richard McCarty, Clerk."
3 Richard McCarty came from the colony of Connecticut. He was living in Cahokia before
1776, and built a mill there on some land he had preempted. See pp. 465, 529. At the coming
of Clark, he joined the Illinois battalion and took part in the Vincennes expedition. In the fall
of 1779 he was appointed commandant of Fort Bowman at Cahokia and made himself very
unpopular with the inhabitants by his tyranny. Later he joined the French party and was
killed in the spring of 1781 while carrying a petition from the inhabitants to the governor of
Virginia. See Introduction, pp. Ixxiii., xcvii., ciii.; also post, pp. 543, 549.
* Joseph Bowman was one of the captains with Clark in the Illinois expedition and was
sent by the latter to receive the submission of Cahokia. He remained in command of the
village till the Vincennes expedition and seems to have won the hearts of the French. After
his return from Vincennes he remained in Cahokia for a short time. He established the first
popular court of justice in the Illinois and was himself elected to the position of president of
the same. For further particulars see Introduction, p. xlvi. He died at Vincennes, August
14, 1779.— English, Conquest of the Northwest, i., 108 et seq.
CAHOKIA RECORDS, 1 778 3
hath not been paid and whereas said D Breuil is afraid If said
Ant'^® Lapage Leaves this Country that he will Loose his said
Debt.
These are therefore in vertue of the Power and authority to
me Given to Command you to Seize so much of the Effects of the
Said Antoine Lapage If to be found in this district to pay &
Satisfie said Debt & Costs (or that Sd. Lapage pays Sd. sum &
Costs,) and them safely keep, return whereof make to next fryday
the 27*^ Ins* Court of Committee hereof fail not this being your
Sufficient Warrant.
Given under my hand at Fort Bowman 24*^ of Nov. 1778.
Jos. Bowman.
To Gab. Constant constable this to execute
En vertue de cet Warrant, je a 6te a la requisition de M*^ De
Breuil, je a saisd une Barrique de taffea dans la maison de M'
Lapage, de laquelle M^ Ant. Girardin sa rendue Caution au
Cahds 24 de Nov^ 1778. ,
Gabriel Constant.
II est due encore 64^^ 15 Sols en peletries et les frais.^
1 Translation: "In virtue of this warrant and on the requisition of M. Dubreuil, I
have attached a barrel of tafia in the house of M. Lepage, for which M. Ant. Girardin has
ijiven bond. At Cahokia November 24, 1778, Gabriel Constant. There is still due 64
ivres 15 sols and the costs." ^
The sol is the modern sou, and was pronounced like it.
COURT OF THE COMMITTEE AT CAHOKIA^
[ist sheet]
Execu . . [MS. torn] . . ecuring any slave so found in the
. . [MS. torn] . . or elsewhere, Contrary to this order, and to in-
form & prosecute in behalf of the Publick any other person that
Should act Contrary to the same
Thursday 31'* Dec^ 1778.
Joseph Bowman Esq^ Capt Touranjeau
M^. Langlois M'". Gratiot
Present^
Bap* Bastien Neagor of M^ Saucier alias of Belcour call'd &
Examined touching his Poisoning the negor of Marie Laurant of
St Louis as s^ neagor hath Declared.^
^ Four leaves from the record of the court founded by George Rogers Clark in the archives
of the courthouse at Belleville, 111. They have been bound by mistake with the Minutes
of General Court of Illinois Territory, St. Clair Co., April term, 1811. Transcription by the
editor. Except for the time of the Vincennes expedition, McCarty was clerk.
2 For the convenience of repeated reference, all biographical notes on those who were living
in Cahokia in the year 1787 will be found with the census of that year, p. 624. Notes on others
will appear in their proper place and may be found by consulting the index.
The full name of Turanjeau was Pierre Godin called Turanjeau. He died in 1779.
The parents of Charles Gratiot were French, but on account of their Huguenot faith were
dwelling in Switzerland, when their son Charles was born in the year 1753. Charles Gratiot
received a mercantile education^ and before he reached his majority went to Canada to engage
in the fur trade. In 1777 he was in Cahokia and in August of the next year opened a store in
partnership with some British merchants from Canada, although in the month before Illinois had
submitted to the Virginians. From letters of his it appears that he maintained relations with
his uncle in Canada and probably with his partners as long as he remained in Cahokia. He
gave financial assistance to Clark, as did all the other French inhabitants. Gratiot was elected a
justice of the court established by Clark and later of the court at Cahokia under the county of
Illinois. Finding the conditions on the American bank too stormy for his business interests,
he moved to St. Louis in 1781, where he became wealthy and prominent. His sons held many
important positions in public life. Charles Gratiot was a cultivated man, traveled extensively
both in this country and Europe and was favorably known both for his business capacity and
social qualities. Wisconsiyt Hist. Col., x, 239 et seq.; Menard Col., Tard. Papers; Dillon,
Annals of St. Louis, I., 214, 481 et seq.
3 See Transcripts from the Cahokia Record, p. 13. The following is the translation of a
document of the Cah. Rec. in the Chicago Hist. Soc. lib.: "The year 1778, the 29th
day of December at 3 o'clock in the afternoon, in virtue of the order of Don Fernando de
Leyba, lieutenant governor of the Illinois, which was given me this day, I, Bernard Gibkins,
physician at this post, betook myself into the house of the v/oman Laurant, inhabitant of this
post, in order to examine her negro. I found the said negro in bed, and after a careful exam-
ination, I perceived that the sickness, by which he was attacked, proceeded frorn a violent
poison. His body was in convulsions and his limbs rigid on account pf the corrosive poison,
which had insinuated itself into all parts of his body. The negro is in danger of death and
it vrill be only the result of chance, if he recovers; in which case the use of his limbs may
be lost for the rest of his days. In faith of which I give the present report, which I affirm
to be true, to you, M. Lieutenant-Governor. At St. Louis the said day, the 29th of December,
1778. B. Gibkins."
From a photograph of a crayon portrait, in the library of the Missouri Historical Society.
CLARK'S COURT AT CAHOKIA . 5
Questioned whither he gave any Cake or anything Else to eat
to s^ Neagor.
answers that s'^ neagor met him and after salutations s^ neagor
says, I am told you intend fighting with me. I asked for what, on
acco* of Martin's wench, oh Brother says I. we shall never
Quarelle for that your Country people besides she is every ones
Whore, therefore shall never Quarelle about that, after which
s^ neagor s^ he had a peine in his Breast. I asked him if he had
over strained himself, he s^ not unless it was by Carrying 30
Bush' of Corn that day into the Garret, and that he Neither Eat or
Drank with Him nor gave him Even a pipe of Tobacco.
Bap* Le Neagor d'M^ Robert. Declare n 'avoir Veu Donne
p^ Bastienne au'cune Gallet ni autre chose a man[ger] ou k Boir
a la d*^ Neagor de M^ Laurant.
B* neagor of M^ Robert Declares that he did not see Bastienne
give Cake or any other thing to Eat or Drink to M^ Laurant's
Neagor.
the other neagor . . [MS. torn] . . he was at no Place with
the neagor of M*^ Laurant except at his masters house where he
gave him a Glass of wine as he was going off that he did not
see Bastienne with him.
Thursday 7*^ January 1779.
Michel Beaulieu vs L^ LaCompte
a Summons to appear fryday 8*^ to answer such alligations
which shall be made against him with his witness if he has any.
a summons to appear fryday 8^^ to give Testemony in the
above Cause. Jean Racette & Haugon La Croix.
Fryday 8*^ January 1779.
Jos. Bowman Esq^ M^ Langlois
Cap* Trottier M^ Graciot
Present
M^ Beaulieu vs L^ LaCompte
Pit Demands that proves what he has advanced to M*" Lan-
glois, that he M^. Beaulieu said to his Neagor take care dont
Confess anything or you will be hanged.
Defend* say's he heard it from Jean Raccette, who say's he
6 ILLINOIS HISTORICAL COLLECTION
heard it said at the Court house the day the neagor's were punish-
ed but of whom or from whom he dont kno'.
Louis Louisgaut Sworn, that M'" LaCroix told him in the street,
after the neagor of La Croix was whiped that M^ Beaulieu
staid in the C* house with him, and that LaCroix said I believe
Beaulieu tells his neagor not to Confess or you will be hanged.
[2nd sheet]^
sworn into office as President of the Court of Committee at
Cahos.
Lieu* Perrault, Presidant M^ Girirdin
M^ Graciot M'^ Trouttier
Present.
[MS. lorn] . . Complains to the C* that whereas he has . .
[MS. torn] . . several artecals to M'" Wills & has Received his
money in Payment thereof? & as the money is now Cried down
in the Vilage he Demands that the said Wells should gave [sic]
further security for the goodness of the money before he shoud
take the affects out of the vilage.^
M^ Wells in answer says that he Bought the artecals of the
said Marthan & as he is a man fair from home and on Business,
therefore he Desires that the C* would Either Prove it and
Condemn his money to be bad, or if not to Gave [sic] him his
Effects that he Bought of said Marthan and that he Does not
understand that the Voice of any Disaffected Person should
without any Lawfull grounds be hurtfull to his trading in this
Country as he has a Proper Passport from all the officers of
Post on the Ohio River & that he Could Prove that M^
Marthan Refused to Deliver the affects.
Mr. Bournes sworn says that this morning s^ Marthan came
to M^ Wells Lodging and said that s^ marthan Refused to . . [MS.
torn] . . go out of the Village without . . [MS. torn] . . Further
security for the goodness of the Currency that wells had Payed him.
Mr. Wells further says that if any Person would Come before
1 The first and fourth sheets are in McCarty's handwriting and the other two were written
by some one else.
2 On the assurance of the Virginians the French accepted in payment for their supplies the
continental paper at face value in gold. It was not until the winter of 1779 that they began
to suspect that they had been deceived. The above is the earliest reference to their suspicions.
CLARK'S COURT AT CAHOKIA 7
the C* and Refuse to take the said money for Payment of Debt that
upon the same he would Gave good security for his Remain-
ing in this Place till Col Clark some other officer should Return
to this Place that was Proper Judges of the s^ money.
Upon which Mr. Marthan sent for Jos Beautheau whome he
said Refused to take the money for a note he had Given him s*^
Beautheau said that he did not Demand his Payment as not Being
Due till spring Come a Year so he had not Refused any sort of
Payment that was LawfuU.
[3d sheet]
Lieut Perrault President M**. Beaulieu
Cap* Trouttier M^. Girirdin
M^ Graciot Present
Louis Lasoudray Pltf M^" Deneau & M^ LaPadge Deft
M^ Deneau & M^ LaPadge appeared the third time to satisfy
themselves of the Crime laid to their Charge [and] no Person
Came to Prosecute them & They Declared themselves Innocent
of The Crime laid to their Charge. The Honorable Court There-
fore thought Proper to Dis[charge] them and Clare them of the
said Crime laid [to] their Charge &c ordering that the said
Lasoudray [shou]ld pay all Cost and Expence whatsoever the
said [De]neau and La Padge has been at to Justify themselves of
this Hanious Crime Laid to their charge also Gaving The said
Deneau & LaPadge Privalage to Prosicute the said Lasoudray for
the same on the other side.
Adjourned M^ Perrault.
Fryday the 2°^ day of April 1779.
C* Oppened. ,
Lieut Perrault Presidant M^ Graciot
Cap* Trouttier M^ Touranjeau
Present.
J. B* LaCrodc P1£F. vs IMichel Charle Deft.
J. B* LaCroix Complains to the Court that whereas he
Engaged Micheal Charle in his service for the space of one y[ear]
and his time of servace not yet Being accomplish[ed] Refuses to
serve him any longer & Therefore . . [MS. torn] . . to kno. some
8 ILLINOIS HISTORICAL COLLECTION
lawful Reason for his so doing, s^ Charle in his defence says
that the said La[Croix] imposed upon him too hard by ordering
him to [work] late & Early & in the night which he Refused [MS.
torn] upon which they had some Despute after which he the s^
Charle Left his house & Refused to serve him any longer.
After Desputing some time between the . . [MS. torn]
[4th sheet]
him do it and that it was with this Depo* Gun.
C^ are of opinion that it was not the shot Caused the Death of
the . .[MS. torn] ^
Pit. to pay costs.
Jacque Method Pit vs Renoch Locat Deft for his sister M*^
yve Method
Pit Demands the rent- of 3 years for a piece of Land Deft has
occupied amount'g to 99^^ in Pelet[ries].
Def^ says there is no writing to produce and Desire's to kno
in whose Name s^ Lands were Cried to hire and B Method Pfts
Brother held said Land, only for making the fence.
C^ are unanimous of oppinion that the widow has no Right to
pay any Part of rent, & Pit to pay Costs.
C^ adjourned to fryday next 30th. Ap^ Inst.
Jos Bowman
Fryday 30th. April 1779.
Major J^ Bowman Presid^ L* Beaulieu
Madame Capitaine, by authority from her Husband desires
to give up a house Bought of Deceased M^ De Lintot, being in-
capable of paying the same. M^ McCarty the Executor named
by this Court, in consequence of her giving up same prays that
the Court will order that said house be sold by publick outcry
for the paying a Certain Sum due on said house by said M'^
Delintots Estate, p^ mortgage to Mad°^ Detolsey and the over-
plush If any for the Good of his s^ Lintots Creditors.
Members not being present Sufficent to form a majority
ajourned to fryday next the 7th. May.
Fryday 7th. May 1779.
Jo" Bowman Presid<^ Cap* Touranjeau
Cap^ Trottier L* Beaulieu
members Present.
ACT CREATING THE COUNTY OF ILLINOIS^
AN ACT for establishing the County of Ilinois, and for the
more effectual protection and defense thereof.
Whereas by a successful expedition carried on by the Vir-
ginia militia, on the western side of the Ohio river, several of the
British posts within the territory of this commonwealth, in the
country adjacent to the river Mississippi, have been reduced, and
the inhabitants have acknowledged themselves citizens thereof,
and taken the oath of fidelity to the same, and the good faith and
safety of the commonwealth require that the said citizens should
be supported and protected by speedy and effectual reinforce-
ments, which will be the best means of preventing the inroads
and depredations of the Indians upon the inhabitants to the west-
ward of the Allegheny mountains; and whereas, from their remote
situation, it may at this time be difficult, if not impracticable,
to govern them by the present laws of this commonwealth, until
proper information, by intercourse with their fellow citizens, on
the east side of the Ohio, shall have familiarised them to the same,
and it is therefore expedient that some temporary form of govern-
ment, adapted to their circumstances, should in the meantime be
established :
Be it enacted by the General Assembly ^ That all the citizens of
this commonwealth who are already settled, or shall hereafter
settle, on the western side of the Ohio aforesaid, shall be included
1 Hening, Statutes at Large (Virginia), ix., 552. A committee was instructed by the Vir-
ginia assembly on November 19, 1778, to prepare a bill for the formation of the county.
This was presented to the assembly November 30, 1778, and passed in its final amended form
on December 9th. It was signed by the speaker of the senate on the 17th and subsequently,
if at all, by the speaker of the house of delegates. On the 12th of December Governor Patridc
Henry issued the instructions in accordance with the provisions of the act. — Jojir. H. of Del.
(Va.), Oct. Sess., 1778, p. 106; Jour, of Senate (Va.), Oct. Sess., 1778, p. 52; Rowland, George
Mason, i., 307; Boggess, Immigration into Illinois, 1778-1830 (a thesis in manuscript). Dr.
Boggess was the first to work out the history of the act, and I am greatly indebted to him for
the loan of the thesis, from which this note is taken. No writer had previously determined the
exact date of the passage of the act and all but one (Rowland, George Mason)ha.vt been indefinite
or incorrect in giving it. — Winsor, Westward Movement, 122; Poole, in Winsor, Nar. and
Grit. Hist., vi., 729; Thwaites, How George Rogers Clark Won the Northwest, 64; Boyd, in
Amer. Hist. Rev. iv., 623; Roosevelt, Winning of the West, ii., 168; and many others.
lo ILLINOIS HISTORICAL COLLECTION
in a distinct county, which shall be called Illinois county; and
that the governour of this commonwealth, with the advice of the
council, may appoint a county lieutenant or commandant in chief
in that county, during pleasure, who shall appoint and commission
so many deputy commandants, militia officers, and commissaries,
as he shall think proper in the different districts, during pleasure,
all of whom, before they enter into office, shall take the oath of
fidelity to this commonwealth and the oath of office, according
to their own religion, which the inhabitants shall fully, and to
all intents and purposes enjoy, together with all their civil rights
and property. And all civil officers to which the said inhabitants
have been accustomed, necessary for the preservation of peace and
the administration of justice, shall be chosen by a majority of the
citizens in their respective districts, to be convened for that pur-
pose by the county lieutenant or commandant, or his deputy, and
shall be commissioned by the said county lieutenant or command-
ant in chief, and be paid for their services in the same manner
as such expenses have been heretofore borne, levied, and paid in
that county; which said civil officers, after taking the oaths as
before prescribed, shall exercise their several jurisdictions, and
conduct themselves agreeable to the laws which the present set-
tlers are now accustomed to. And on any criminal prosecution,
where the offender shall be adjudged guilty, it shall and may be
lawful for the county lieutenant or commandant in chief to pardon
his or her offense, except in cases of murder and treason ; and in
such cases, he may respite execution from time to time, until the
sense of the governour in the first instance, and of the general
assembly in the case of treason, is obtained. But where any
officers, directed to be appointed by this act, are such as the inhab-
itants have been unused to, it shall and may be lawful for the
governour, with the advice of the council, to draw a warrant or
warrants on the treasury of this commonwealth for the payment
of the salaries of such officers, so as the sum or sums drawn for
do not exceed the sum of five hundred pounds, anything herein
to the contrary notwithstanding.
And for the protection and deffence of the said county and its
COUNTY OF ILLINOIS ACT ii
inhabitants, Be it enacted. That it shall and may be lawful for the
govemour, with the advice of the council, forthwith to order,
raise, and levy, either by voluntary enlistments, or detachments
from the militia, five hundred men, with proper ofiicers, to march
immediately into the said county of Ilinois, to garrison such forts
or stations already taken, or which it may be proper to take there
or elsewhere, for protecting the said county, and for keeping up
our communication with them, and also with the Spanish settle-
ments, as he, with the advice aforesaid, shall direct. And the
said governour, with the advice of the council, shall from time to
time, until further provision shall be made for the same by the
general assembly, continue to relieve the said volunteers, or militia,
by other enlistments or detachments, as herein before directed,
and to issue warrants on the treasurer of this commonwealth for
all charges and expenses accruing thereon, which the said treas-
urer is hereby required to pay accordingly.
And he it jarther enacted, That it shall and may be lawful for
the governour, with the advice of the council, to take such meas-
ures as they shall judge most expedient or the necessity of the
case requires, for supplying the said inhabitants as well as our
friendly Indians in those parts, with goods and other necessaries ,
either by opening a communication and trade with New Orleans,
or otherwise, and to appoint proper persons for managing and
conducting the same on behalf of this commonwealth.
Provided, That any of the said inhabitants may likewise carry
on such trade, on their own accounts, notwithstanding.
This act shall continue andjbe in force, from and after the passing
of the same, for and during the term of twelve months, and from
thence to the end of the next session of assembly, and no longer.
TRANSCRIPTS FROM THE CAHOKIA RECORD.
Jeudy lo* Juin 1779.
president pierre Godin B*^ Saucier
francois trotier * antoine Girardin
Charle Gratiaut. michel Beaulieu
present.
Catherine negresse a B*® Saucier, appres avoir Ete appel^ Et
examine a dit que I'anne Derniere son mari ayant demande a Son
maitre, pour Sailer promener aux Kas. que lorsque manuel et
maurau negre appartenant a Messieurs LeCompte Et baulieu ont
Sut quils y alloit il luy ont apporte une Chopine de tafia, disant que
Setoit pour Son Voyage, Et quil nut pas plutot but de cette Eau
de vie quil Se Senti malade Et quil Est encore Jusqua present Et
que le Jour que les dits negre ont Ete pris ayant Ete acquse
D 'avoir Empoisonner plusieurs personne que ses meme negres luy
ont avoue quils ont Empoisonner Son mary; Elle deClare que le
nome Morau luy a dit que manuel vouloit Lorsqu'il Luy a donne
de la medecine il vouloit le faire mourir subitement, mais quil luy
avoit repondu quil valoit mieu le faire mourir En lengoeur Et que
depuis ce tembs il est Languissant La d^^ negresse Declare Encore
que maurau luy avoit dit que manuel Voulait apsolument Em-
poisonner M^ Martin Et Sa femme Et que La negresse dud'^ Sieur
Etoit de ce Complot Et qu'un autre negre nome Guanga apparte-
nant aud* sieur Martin ayant Eu nouvelle de cela Leur avoit dit
1 These transcripts were made by the Cahokia clerk for the court at Kaskaskia, which
exercised superior jurisdiction in this case. They are from the Kaskaskia Records. Tran-
scription by the editor.
The evidence of these records is very interesting, for they explain the two warrants for
execution of these two negroes to be found in John Todd's Record-Book in Chicago Hist. Soc.'s
Publications, iv., 302 and 303. According to the Record-Book, Manuel was condemned to be
burned to death, a punishment against negroes which was permitted the county courts of Vir-
ginia.— Chitwood, Justice in Colonial Virginia, in /. H. U. Studies, Series xxiii., No. 7, p.
loi. Although Todd issued the warrant, he repented the next day, crossed the copy of the
warrant out and issued a new one, in which the penalty was hanging. — Kas. Rex. Mason in
his Chapters from Illinois History, 264, suggested without sufficient authority that the crime
for which the negroes were punished was voudouism, and he is followed by Roosevelt in his
Winning of the West, ii., 175, where he compares the prosecution of the negroes in Catholic
TRANSCRIPTS FROM THE CAHOKIA RECORD.^
Thursday, June lo, 1779.
President, Pierre Godin. Bte. Saucier.
Francois Trottier. Antoine Girardin.
Charles Gratiot. ^ Michel Beaulieu.
Present.
Catherine, a negress belonging to Bte. Saucier, after having
been summoned and examined, said that last year her husband
had asked of his master permission to walk to Kaskaskia and when
Manuel and Moreau, negroes belonging to MM. LeComte and
Beaulieu, knew that he was going, they brought him a pint of
tafia^ saying that it was for his journey; and that he had no sooner
drunk of that liquor than he felt sick and that he is still sick up to
the present; and that the day on which the said negroes were
arrested on the accusation of having poisoned several persons,
these same negroes confessed to her that they had poisoned her
husband; she declares that the named^ Moreau told her that
Manuel, when he gave him the medicine, wished to make her hus-
band die suddenly, but that he had answered that it was better to
make him die slowly; and she said that since that time her hus-
band has been pining. The said negress declares also that Moreau
had said to her that Manuel positively wished to poison M.
Martin and his wife and that the negress of the said gentleman
was in this plot ; and that another negro named Guanga belong-
ing to the said M. Martin, having had news of this, had said to
them that if they didn't take away the poison, which they had
Illinois with that of the white witches of Puritan New England. The denial of sufficient proof
for this explanation of the warrants was made in Shea's Life of Archbishop Carroll, 190.
' Tafia was a cheap rum, which formed the staple liquor of the West. The word eau-de-vie
is used throughout the record as the equivalent of liquor, without reference to any particular
kind.
3 NommS is used to designate some person named in the proceedings, but not previously
mentioned in the record.
13
14 ILLINOIS HISTORICAL COLLECTION
que Si il ne retirer pas le poison quil avoit Jett^ ch6 Son maitre,
quil les declareroit Se qui fit quil detdrairent un poison quils avoit
Enter^ sous Le Soeul de la porte.
paul negre appartenant a M*^® Lapencee ayant Ete appelld Et
examiner a dit quil avoit Entendu dire par tout les negres qui ont
deja donne Leur Deposition que les nome manuel et maurau
avoit Empoisonner toute Les personne mentione Dans La Declara-
tion qui a Deja Ete faite par Eux.
Le nom^ Sasa negre appartenant a mad^^® Buet ayant Ete
appele Et examiner a dit que ayant Ete dans la Cabane du
Sieur Martin demender une pipe de tabac a Sa negresse nome
Janette Et quelle luy avoit dit daller au chevet de son lit
quil En trouveroit, Et qu'ayant regarder, il auroit trouver une
Corne Dans laquelle il y avoit du Sang qui Bouillet, Et
qu' ayant Ete Surpris il fut demender a la negresse ce que
Setoit, que la negresse luy dit de ne point toucher a cela, et que
cetoit manuel qui luy avoit Donne pour faire moarir Son maitre
Et Sa maitresse, et que maurau ayant Sut cela lui fut dire;
Comment tu garde une chose comme cela che toi Est ce que tu ne
Salt pas que cette avec Cette Corne que manuel Sest Servie pour
faire Empoisonner monsieur et madame nicol. il declare de plus
qu'un negre nome Samba appartenant a M^ quenel prit Cette
Corne Et la fut montrer a maurau que MauRau Luy dit que
Cetoit la meme Corne que manuel luy avoit donne pour faire
mourir mons'" Et madame Nicol.
signe pierre Godin. president.
Pour Copie Conforme a Loriginal reste Sur Le Registre de la
Court aux Kaos le lo^® Juin 1779.
fr saucier Greff®'^
Premiere interogation faite au negre de M^ Jaquet nome
francois, apres avoir Ette apele Et Examine a dit que Le negre
nome maurau luy avoit dit a luy parlant quil avoit fait mal au
negre de M^ Laurant, de S* Louis par raport a la negrese de
mon^ martin nome Janette Comme ayant quelque Commerce
tous deux avec elle que cetoit le Sujet pourquoy il luy avoit
donne Du poison ; Declare encore ledit negre que des lorsque le
CAHOKIA TRANSCRIPTS, 1779 15
thrown into his master 's house, he would denounce them, which
caused them to dig up a poison which they had buried under the
threshold of the door.
Paul, a negro belonging to Madame Lapance, after being sum-
moned and examined, said that he had heard all the negroes,
who have already given their testimony, say that the named
Manuel and Moreau had poisoned all the persons mentioned in
the declaration which has already been made by them.
The named Sasa, a negro belonging to Mademoiselle Buyat,
after being summoned and examined, said that he was in the
cottage of M. Martin to ask for a pipefuU of tobacco from his
negress, named Janette, and that she had told him to go to the
head of her bed and he would find some, and that when he looked
he had found a horn in which there was boiling blood; and as he
was surprised, he had asked the negress what it was; that the
negress told him not to touch that, and that it was Manuel
who had given it to her to put her master and mistress to death;
and that Moreau, when he knew that, had said to her: "What!
Can you keep a thing like that in your house ? Do you not know
that it was this horn that Manuel used to poison Monsieur and
Madame NicoUe?" He declares furthermore that a negro,
named Samba belonging to M. Quenel, took this horn and had
shown it to Moreau and that he said that it was the same
horn that Manuel had given him to put to death Monsieur and
Madame NicoUe.
Signed, Pierre Godin, President.
Copy conforms to the original spread on the record-book of
the Court at Cahokia, June 10, 1779.
Fr. Saucier, Clerk.
First cross-examination of the negro called Francois belong-
ing to M. Jaquet. After having been summoned and examined,
he said that the negro, named Moreau, had told him in conver-
sation that he had made the negro of M. Laurant of St. Louis,
sick on account of the negress of M. Martin, named Janette,
since both had some intercourse with her, and that this was the
reason he had given him poison. The said negro declares, also,
i6 ILLINOIS HISTORICAL COLLECTION
negre de M'^ Laurant a Santi malade Et quil sut bien Etre Em-
poissond, il vint trouve ledit maurau et luy dit, mon pays, ote
moi done le mal que tu ma fait, a quoy ledit maurau a repondu
quil n'etoit plus terns, Ce nest pas a mon pouvoir de te Poter,
Celuy de Mon^ laurant luy repeta encore que si il vouloit le guerir
quil le payeroit Bien a quoy ledit maurace repondit quil ne le
pouvoit pas. et que neanmoins celuy de m^ Laurent en partant
luy lessa un quatine Et un mouchoire et luy promettant que Si
il ne mouroit pas quil le Satisferay plus Emplement.
a une autre interogation Le dit negre du Sieur Jaquet declare
quapres que le negre du Sieur Laurant Eut Ete traverse quil
mourut peu de tems appres Et quil fut reprocher au deux negre
Soupsone Empoisoner En leurs disant; Comment Voila Encore
un negre mort que Ion dit que vous avies Empoisonne a quoy
ledit maurau luy repondit que Si il lavoit fait il netoit pas Seul
que Cetoit manuel qui Etoit le chef de la medecine et quil luy
en fournissoit Lorsqui'il en avoit Besoin.
Declare encore ledit negre que maurau ayant demandd
quelque faveur a la negresse de Mons^ Nicol quil luy promit que
Si elle le luy accordoit quil luy Donneroit de la Medecine pour
adoucir sa maitraisse Comme Setant plain a luy quelle Etoit trop
Mechante Et en donnat pareillement au mari de laditte negresse
pour Son maitre Et qu' apres la mort de feu m'^ nicol et sa dame
ledit maurau demanda ce qu'on luy avoit promis, La negresse
particulierrement ne voulut point luy accorder ce quelle avoit
promis ce qui fit led* maurau L'empoisonna et quelle en mourut.
A dit encore led* negre que lorsque laditte negresse de feu
sieur nicol Est tombe malade que plusieurs negres du pays de
laditte negresse furent trouver maurau pour le Soliciter a guerir
laditte negresse a quoy ledit maurau repondit quil n'etoit plus
a Son pouvoir de luy oter ce quil luy avoit donner.
Cupidon negre a B*^ Saucier ayant Ette appelle et interroger,
a declarer que le nome maurau Lorsque M^ et M*^^ Nicol furent
mort quil dit a leur negresse; tu doit etre presentement contante
voila ton maitre Et la maitraisse morte tu peu te promene et aller
1 A basin for melting metals.
CAHOKIA TRANSCRIPTS, 1779 17
that as soon as the negro of M. Laurant felt sick and he surely
knew that he was poisoned, he came to find the said Moreau
and said to him: "My countryman, take away the sickness
which you have given me," to which the said Moreau answered
that, it was too late "It is not in my power to take it from
you"; and that the negro of M. Laurant said again that if
he would cure him he would pay him well, to which the said
Moreau answered that he could not do it; but, nevertheless,
the negro of M. Laurant in going away left him a basin^ and a
handkerchief and promised him that if he did not die he would
satisfy him more fully.
At another cross-examination, the said negro of M. Jaquet
declares that, shortly after the negro of M. Laurant had been
sent across the river, he died; and that he had reproached the two
negroes suspected of poisoning and said to them: "What!
There is another negro dead, whom they say you have poisoned" ;
to which Moreau replied that if he had done it, he was not
alone, for it was Manuel who was the medicine-chief and
had furnished him poison whenever he had need of it.
The said negro declares also, that Moreau had asked some
favor of M. NicoUe's negress and promised her that if she granted
it to him, he would give her medicine to make her mistress gentle,
as she complained to him that the latter was very bad, and he gave
some likewise to the husband of the said negress for his master;
and that after the death of the late M. NicoUe and his wife, Mor-
eau demanded what had been promised to him, and the negress
did not particularly wish to grant him what she had promised; and
for this reason the said Moreau poisoned her and she died there-
from.
The said negro said also that when the said negress of the
late M. NicoUe fell sick, several negroes of the country of the
said negress went to find Moreau to beseech him to cure the
said negress; to which the said Moreau answered that it was no
longer in his power to take from her that which he had given her.
Cupidon, a negro belonging to Bte. Saucier, after being sum-
moned and cross-examined, declared that, when M. and Madame
i8 ILLINOIS HISTORICAL COLLECTION
ou tu voudra, a quoy le man de lad*^ negresse dud* sieur nicol
luy repondit nous ne tavions pas Demander de Les faire mourir
nous ne voulion seulement que tu Les adoucissent un peu, maurau
Demanda a la negresse de luy accorder ce quelle luy avoit promis,
la negresse luy repondit quil Etoit trop Vieux, et quelle ne Le
Vouloit pas. ha [sic] dit led* maurau tu me trouve trop vieux et
bien tu t'en repentira Et que peu de terns apres il I'empoi-
sonna la negresse Suivant la declaration dud* negre.
Cette faitte par Les Susdits negres, a Ette faitte en presence
de Messieurs trotier, tourangeau, Beaulieu martin Et B*® saucier
qui on dit que Les Depositions faitte par Les dit negre ci dessus
nomes, quils Etoit de leur opinion quapres avoir Entendu dire
par divers negres que les dits manuel et maurau avoit fait ce
dont its Etoient accuse: quil Doivent Etre vrayament Coupable
aux Cahos lo Juin 1779, a huit heure du Soir En la Maison de
B*® Saucier.
fr. saucier Greff^^ Signe pierre Godin.
Copie Conforme a Porginal rest^ Sur Le registre de la Court.
f. Gref.
The Arraignment by the States Attorney.
Je Soussigne Procureur P^ L'Etat de la Virginie au district
des Illinois a L'honneur de Representer a La Cour Respectable
des Kas que par les deposition des diferens Negres des Kahos il
Parroit que Les Negres Moreau & Manuel Sont Effectivem*
Coupable du Crime Horrible a leurs Charge, et que par toutes
les declarations & temoinages il Parroit que le negre Moreau est
plus Coupable que L'autre ayant Administre les Poisons que
L'autre luy auroit donne.
Par les Quels Poisons plusieurs des bons sujets de cette Repub-
lique & des soldats de la garnison Sont Mort.
C'est pourquoy au Nom de L'Etat Je pense Messieurs
que sy vous Trouve les dits Negres Coupable vos prononceres
leurs Sentence de Mort et en Nommeres le Jour et la maniere
d'Exetion qui ne pent etre trop Cruelle pour des Criminels,
^ This document does not belong to the records of Cahokia, but since it is one of the acts
in the prosecution of the negroes, it seemed best to include it. It belongs to the Kas. Rec.
CAHOKIA TRANSCRIPTS, 1779 19
Nicolle were dead, the named Moreau said to their negress:
"You ought to be content now. There are your master and
mistress dead and you c3,n take a walk and go where you wish; "
to which the husband of the said negress of the said M. Nicolle,
answered: "We did not ask you to make them die. We wished
only that you make them a little gentler;" and that Moreau
asked the negress to grant him what she had promised and the
negress replied to him that he was too old and that she did not
wish to; that the said Moreau said: "You find me too old, and
well shall you repent of it"; and that shortly after he poisoned
the negress according to the declaration of the said negro.
These depositions made by the negroes aforesaid were made
in the presence of MM. Trottier, Touranjeau, Beaulieu, Martin,
and Bte. Saucier, who have said that the depositions were made by
the said negroes aforenamed, and that it was their opinion, after
having heard it said by divers negroes, that this said Manuel
and Moreau had done that of which they were accused, and that
they should be found truly guilty. At Cahokia June 10, 1779,
at eight p. m., in the house of Bte. Saucier.
Fr. Saucier, Clerk. Signed, Piere Godin.
Copy conforms to the original spread on the record-book of
the Court.
F. Clk.
The Arraignment by the States Attorney.^
I, State's Attorney of Virginia, for the District of Kaskaskia,
hereunder signed, have the honor to set forth to the honorable
Court of Kaskaskia that from the testimony of different negroes
of Cahokia it appears that the negroes, Moreau and Manuel,
are really guilty of the horrible crime of which they are accused;
and that from all the declarations and testimonies it appears that
the negro Moreau is more guilty than the other, since he has
administered the poison which the other had given him.
From which poisons several of the good subjects of this Republic
and soldiers of the garrison have died.
This is the reason why in the name of the State I think,
gentlemen, that if you find the said negoes guilty, you should
20
ILLINOIS HISTORICAL COLLECTIONS
qui ont Comis des Choses sy Extraordinairem* Horrible &
affreu.
aux Kaskaskia a 12® Juin 1779.
J Girault.
' For a discussion of the sentence which was found, see supra, p. 12, n. i. The warrant
substituted by Todd for the one copied and erased in his record-book reads as follows: "Illi-
nois to wit. To Richard Winston; Sheriff of Kaskaskia: You are hereby authorized &
required between the Hours of Nine & Eleven in the morning of the Sixteenth of this Instant
to cause to be executed Manuel a Slave in your Custody by being hung by the neck until
he be dead & this shall be your Warrant. Given under my hand & Seal the 14th day of
June 1779. Jno Todd jr." — Kas. Rec, Warrants.
2 Jean Girault was born on February 24, 1755, in London, of Huguenot parents. With
his brother he sailed from Liverpool for America, and on the voyage both were sick from
small-pox, from which the brother died. In New York Jean was employed as clerk and
book-keeper by an importing house. It is said by a descendant that he here mastered the
Latin, Greek, Hebrew, English, Spanish and Choctaw languages. — Dr. MSS., 27J6S. The
account is doubtless exaggerated, for he probably learned the classical languages in his youth
and he was perfecting himself in Spanish in 1786. The descendant is also responsible for
the statement that Girault went to Virginia and later raised a company to join Clark in his
expedition to the Illinois. As a matter of fact, he was in that country the year before Clark's
expedition; for on March 17, 1777, he purchased a piece of land in Cahokia from Father
CAHOKIA TRANSCRIPTS, 1779
21
pronounce their sentence of death, and name the day thereof and
the manner of execution which cannot be too cruel for criminals
who have committed deeds so extraordinarily horrible and
frightful.^
At Kaskaskia, June 12, 1779.
T. Girault.2
Gibault and in July of the same year he was appointed notary by Rocheblave. — Kas. Rec,
Court Record, fols. 107 and 120. When Clark reached Kaskaskia, he found Girault very
useful. On July 6, 1778, Girault was appointed interpreter, and wrote Clark's communica-
tions to tke French. On the i6th of the same month he received a commission as lieutena,nt
in Worthington's company of light horse, an appointment confirmed by the governor of Vir-
ginia on December 12th. Todd appointed him state's attorney June 5, i779- He was com-
missioned captain by Governor Jefferson June 3, 1781, and on the gth of the same month
Girault appointed Labuxiere state's attorney in his stead. He was made commissary by
Clark in 1781. He remained in the army till 1783, when he received his honorable dis-
charge.— Dr. Mss., 27 J30. He then moved from Ilhnois to New Orleans, and sometime after
1786 settled at Natchez. — Girault to Wm. Clark, May 8, 1786; letter in possession of H. Rob-
erts, Chester, 111. At Natchez he held many important oflSces, both under the Spanish and U. S.
governments. He died in 1813.
REGISTRE DE LA COUR DU DISTRICT DES
CAHOKIAS.^
a une Court . . [MS. torn] . .
President f . . [MS. torn] . . char, Gr . . [MS. torn] . .
Michel . .[MS. torn] . . B^e Sauci . .[MS. torn] . .
ant. Girardin.
AUGUSTIN RACET Demendeur Senfacon Defendeur.
une requette presente par augustin racet Demendeur qui
Demande que le Sieur Sanfajon luy prouve quil Est un Coquin
Et Sa femme une Voleuse Comme il a Ete tr^te Et accuse par Eux.
antoine armant a produit Sa Defence Centre augustin racet
racet [sic] par laquel il accuse Ledit racet Detre venu ches Luy
Lataquer.
pierre gatient ayant prete Serment De repondre a toute Les
question que La Court Luy feroit Et a dit quarivant Du champ,
quil a entendu dire par m^^ racet a M^^ Senfafon quelle Etoit
une Voleuse a quoy m^^ Sanfafon a respondu quelle n'avoit
jamais Ete vole de lar Ches Lacroix, Et Declare D'avoir Entendu
Dire par Le Sieur Senfacon quen tout cas Si Lad^^ Dame racette
Etoit une voleuse quelle ne tiendray que de famille.
George hait ay . .[MS. torn] . . a toute Les qu . .[AIS.
torn] . . feroit Et a prou . . [MS. torn] Ecrit . . [MS. torn] . .
Gabriel Baron . .[MS. torn]. . De repondre a toute . .[MS.
torn] . . Luy feroit Et a dit qu . .[MS. torn] . . D'augustin racette
et ayant eu quelqu . .[MS. torn]. . avec Le dit Sieur quil Lavoit
trett^ de Coquin a quoy Ledit Baron Luy a repondu quil netoit
pas Comme Sa belle Soeur qui avoit Vole le lar Ch [sic]
^ Cah. Rec. in Belleville, 111., original manuscript. Transcription by the editor. When
it first came into my hands, it was unbound. It is made up of six record books, sewed together
originally. These had been torn apart and some of the leaves separated. I rearranged them,
and they have been rebound by the county officials. A few pages only have been lost. The
size of the pages differs, but the average is 12^ by 8 inches. The number of pages is 348, of
which 48 are blank, 43 of which are at the beginning, when the clerk used only one side of
the sheet. Beginning with page 145 the pages are numbered, but these numbers are not given
in the transcription. The water-marks are various.
RECORD OF THE COURT OF THE DISTRICT OF
CAHOKIA/
At a Court . . [MS. torn] . .
President, Fr. [Trottier] Ch. Gr[atiot.]
Michel [Beaulieu.] Bte. Saucier.
Ant. Girardin. [Present.]
AuGUSTiN Racette, Plaintiff, vs Sansfajon, Defendant.
A petition presented by Augustin Racette, plaintiff, who de-
mands that M. Sansfa^on prove to him that he is a rascal and his
wife a thief, as he has been accused and called by them [the
defendant and his wife.^
Antoine Harmand^ produced his defence against Augustin
Racette and accused the said Racette of coming to his house to
assault him.
Pierre Gatient, having made oath to answer all questions
which the court should ask him, said that on coming from the
field he heard Madame Racette call Madame Sansfafon a thief;
to which Madame Sansfafon replied that she had never stolen
lard from the Lacroix ' house. And he further said that he heard
M. Sansfa^on say that in any case if the said Madame Racette
was a thief, she only took after the family.
George Hait, having [made oath to answer] all [questions
the court] should ask [proved] . . [MS. torn] . . written.
Gabriel Baron [made oath] to answer all [questions the coiut]
should ask him and said that . . [MS. torn] . . of Augustin Ra-
cette, and having had some [words] with the said gentleman that
he had been caUed a rogue, to which the said Baron answered
that he was not like Racette's sister-in-law who had stolen
lard from the Lacroix's house and chickens from Sansfafon's;
2 jjig full name was Antoine Harmand called Sansfaf on, and he is called in the record
either Harmand or Sansfafon. This additional name was very common among the French in
America, and sometimes the surname and sometimes the second name has prevailed in the
family. The correct spelling of his surname, Harmand, is obtained from his signature.
23
24 ILLINOIS HISTORICAL COLLECTIONS.
Lacroix et Les poule a Senfajon Et le dit racette luy ayant
demande quil luy avoit cela quil a repondu aud* racette que
Cetoit Le S^ Dau et Sa femme qui luy avoit dit a quoy le dit
racette a repondu que D'au Etoit un j. P. Et sa femme une
putin Et qui Le prouveroit.
Gabriel Constant ayant prete Serment De repondre a toute
les questions qui luy seran [sic] faite Et a dit. que Cetant trouv^
ches Butau quil auroit Entendu demande a Gabriel Baron par
racette ou il avoit Entendu dire quils Etoit Des voleur de lar et de
poule a quoy ledit Baron a repondu quil avoit Entendu dire ches
Senfafon.
Antoine Lusser ayant prete Serment De repondre a toute Les
question quon luy feroit Comme temoin pour le defendeur Et
a dit. que madame Senfajon ayant Ete ches mad^ racette pour
y chercher une poulle quelle reclamet a Elle, et que m^^ racette la
trete de voleuse et quelle ne vivoit que Des volaye d'autruy a
quoy m^^ Senfaf on luy a repondu quelle ne luy resembloit pas
quelle n'avoit Jamais vole De lar ches Lacroix Et ce Son dit Mil
invective.
La Court Est ajourne apres dine a une heure.
f saucier Greffier. f trottier
La Court a renvoye Le present proems hor De la Court Comme
une Chose honteuse Et indigne. Et a Condanne Le Demendeur a
payer Les fraix du dit proces Et quant aux fraix particuUier Les
Deux partis sont Condanner a les payer chaqu'un En particulier.
Sau
Charle Gratiot Demendeur contre B*« hautier
Dit Lacharette.
Charle Gratiot ayant presente un b[illet] a la Court Contre le
Defendeur, ayant apris quil Etoit parti pour le Detroit avec les
royaliste Demande quil luy Soit accorde de faire vendre des effest
quil a En garde ches gabriel Constant jusqu'a La Conqurence de
Sa Somme.
La Court a accorde a la demende Du S^ charle Gratiot.
Jan B*^. Lacroix ayant produit un Conte Du par ledit hautier
dit Lacharette de vingt Livre Et a pret^ Serment desus.
COURT RECORD, 1779 25
and the said Racette having asked where he heard that, he
answered that M. Dau ^ and his wife had told him. Where-
upon the said Racette said that Dau was a D. F.^ and his wife
a strumpet and he would prove it.
Gabriel Constant, having made oath to answer all questions
which should be put to him, said, that being at the house of Butau
he had heard Racette ask Gabriel Baron, where he had heard
that they were stealers of lard and chickens, to which the said Baron
answered that he had heard it said at Sansfafon's.
Antoine Lussier, having made oath to answer all questions
which should be asked him as witness for the defendant, said
that, while Madame Sansfafon was at the house of Madame
Racette in search of a chicken, which she claimed belonged to her,
Madame Racette called her a thief and said she lived on other
people's poultry. To this Madame Sansfagon replied that she
was not like her, that she had never stolen lard from the
Lacroix's house; and they said to each other a thousand invectives.
The court adjourned till one o'clock after dinner.
F. Saucier, Clerk. F. Trottier.
The Court dismissed the present suit from court as a disgraceful
and shameful thing, and has condemned the plaintiff to pay the
costs of the suit and each of the two parties to pay his special costs.
Saucier.
Charles Gratiot, Plaintiff, vs. Bte. Hautier called
Lacharette, Defendant.
Charles Gratiot brought into Court a note against the defend-
ant, having learned that he had left for Detroit with the royalists,
and prays that it be permitted him to have the goods, which
the defendant has stored at the house of Gabriel Constant, sold
up to the equivalent of the amount of his note.
The Court granted the suit of M. Charles Gratiot.
Jean Bte. Lacroix produced, and made oath to, an ac-
count for twenty livres owed by the said Hautier called La-
charette.
1 Possibly this means Harmand.
2 The French j. f„ or jean-fesse, is untranslatable except by some such equivalent vulgarity.
26 ILLINOIS HISTORICAL COLLECTIONS
La Court Luy a accorde quil Seroit payer Lors de la vente de Ses
effest
une requette prdsente a la Court par marie Louise ulim veuve
de feu J" B*^ Degagne Et par pichet, Demandant de nomer un
tuteur pour les mineurs De feu lapierre pour La Conservation de
leur peu de bien.
La Court a ordonnd une assemble Damie pour pour [sic]
proceder a lelextion D'un tuteur Suivant Les Demande
Sanfa^on Demandeur augustin racette Defendeur.
Un Compte presente a la Court par Le Demandeur Contre
le Defendeur De la Somme de vingt Sept livres. La Court a
ordonn^ audit racette de payer Ledit Compte sans dellay.
f saucier Grefl&er f trottier
La Court Est ajourne a vendre 29 [sic] 9^^^ i779-
a une Court Vendredy 269 ^^® 1779.
President M^ fr trotier. m^ ant Girardin
m^ Ch Gratiot m'" B^^ Saucier
Present.
M^ RENAL Demandeur. M^ Gratiot Defendeur
m^ renal Demande a la Court que M^ Gratiot, Soit Condanne
a luy payer une Somme de trois Cent Livres pour une operation
quil a fait, au nome racette ayant Ete Envoye cherche par Ledit
Sieur gratiot.
Charle Gratiot repond quil Exposera ses Defence a la Cour
prochaine, vendredy 3^® xbre.
Le nome Charloc a produit sa Declaration Contre M^ Hen-
son sur Sa mauvaise Conduitte avec Les sauvages, Dans la
traitte.
Ayant Examine La Declarition du dit charloc Contre Sieur
Henson, La Court a decide quil seroit sinifie au Sieur Henson
de repondre aujourd'huy a deux heure apres midy a La Declara-
tion faite Contre luy.
1 In that part of France where the customary law prevailed, the iulelle dative was almost
universal. It was the law of the coutume ie Paris, and therefore of Illinois. According to
this law, the guardians of minors were appointed by a magistrate, but, as in the above case,
very often only after election by the relatives. Under French law, great care was taken of the
property of minors, and the office of guardian was regarded as a duty, which should not be
lighty refused, although the service was gratuitous. Two guardians were appointed, the
second being the surrogate, whose duties were to guard against fraud by the first. The sur-
^ /^.:/^ ,1^.^ >i^^ /^^^ '^/''^r "^
Facsimile of a Page from the Record of the Cahokia Court,
Fran(;ois Saucier, Clerk.
^^ ; .
COURT RECORD, NOVEMBER, i779 27
The Court granted that it should be paid at the time of the
sale of his goods.
A petition presented to the Court by Marie Louise Ulim,
widow of the late Jn. Bte. Desgagnd, and Pichet, praying that
a guardian for the preservation of the small property of the
minor heirs of the late Lapierre be appointed.
The Court ordered an assembly of friends to proceed to the
election of a guardian according to the petition.^
Sansfa^on, Plaintiff vs. Augustin Racette, Defendant.
An accoupt presented to the court by the plaintiff against
the defendant for the sum of twenty-seven livres. The Court
ordered the said Racette to pay the account without delay.
F. Saucier, Clerk. F. Trottier.
The Court adjourned to Friday, November 26, 1779.
At a Court, Friday, November 26, 1779.
President, Fr. Trottier. Ant Oirardin.
Ch. Gratiot. Bte. Saucier.
Present.
M. Reynal, Plaintiff 'z;^. M. Gratiot, Defendant.
M. Reynal prays the Court that M. Gratiot be condemned to
pay him the sum of three hundred livres for an operation which
he performed on the named Racette, for which he was summoned
by the said M. Gratiot.
Charles Gratiot answered that he would present his defense at
the next Court, Friday, December 3.
The named Charloc produced his declaration against M.
Henson concerning his bad conduct in his trading with the
savages.
Having examined the declaration of the said Charloc against
M. Henson, the Court decided that notice should be given M.
Henson to answer to- day at two o'clock in the afternoon the
declaration made against him.
rogate must be present when the inventory of property was made, and he represented the ward
in any suit brought against the guardian. Occasionally the guardians called in the relatives
for consultation, as for instance, when the sale of real property was contemplated. Since the
families in Illinois were naturally small, friends were also invited to attend such family coun-
cils.— Viollet, Histoire du droit civil Frangais, ed. 1905, pp. 576 ei seq.; Glasson, Histoire
du droit et des instituiions de la France, viii., 526 et seq.
28 ILLINOIS HISTORICAL COLLECTIONS
La Court Est ajournd a 2® heureapres midy 26® pbre, 1779.
f saucier grefi&er. f trottier.
a une Court du 26 q^'"® a 2 heure apres midy.
President Moris'" Franfois trottier M*" ant. Girardin
M^ Charle Gratiot M'". B^^ Saucier
present.
La Court a decide que M'" Henson Continura son Commerce
toute fois quil retirera Sa Dame De La quantine puisque Cest
EUe qui tien De mauvais DisCourt au sauvages suivant Les
Declaration Du nome charloc et Celle du peoria, que Cependant
Le Dit Charloc Sera appele pour Declare En presence dud*
sieur Henson Et tant qua tout Les accidant qui pourront arriver
par La Suitte, et qui soit prouve que ce Soit par sa faute, il En
Sera toujour responsable En tout Chose.
La Court Est ajourne a vendredy 3 x^'"^ i779-
f saucier greffier f trottier
a une Court Du 10 xbre 1779.
President M" francois trottier pierre martin
Michel Beaulieu B*^ Saucier
antoine Girardin charle Gratiot
Present.
M^ REYNAL Demendeur Charle Gratiot Defendeur.
Le Demandeur Expose a la cour, par une requette que Le
Defendeur soit Condanne a luy payer une Somme de trois Cent
livres de paux de Chevreuil pour L' imputation quil a fait a la
Jamble \sic\ De J"" Racet, Comme ayant Ete Envoye chercher
par Led* Sieur Et que led* Sieur Gratiot avoit promis de
payer le chirugien moyenant que le nome parisien a qui Lac-
cident Etoit arrive de rembourser ce qui luy En Couteray Et
que Cela avoit Ete Dit En presence de B*® allary.
B*^ allary ayant paru par ordre Et apres avoir prete Serment
a prouve quil n'etoit pas aux Cahos Lorsque Laccident Est arriv^
a J" racette.
Le Defendeur ayant produit Sa Deffence par Laquelle il ne De-
COURT RECORD, DECEMBER, 1779 29
The Court adjourned till two o'clock in the afternoon, Novem-
ber 26, 1779.
F. Saucier, Clerk. F. Trottier.
At a Court, November 26, at two o'clock in the afternoon.
President, Francois Trottier Ant. Girardin
Charles Gratiot Bte. Saucier.
Present.
The Court decided that M. Henson may continue his business,
provided his wife shall be withdrawn from the Cantine,^ since it
is she who has been guilty of evil speech with the savages
according to the declarations of Charloc and the Peorian; that,
however, the said Charloc shall be summoned to make his
declaration in the presence of the said M. Henson. The
Court further decided that for all accidents, which may occur
as a consequence of this continuance and are proved to be due to
the fault of the said M. Henson, he shall be held responsible.
The Court adjourned to Friday, December 3, 1779
F. Saucier, Clerk. F. Trottier.
At a Court, December 10, 1779.
President, Francois Trottier. Pierre Martin.
Michel Beaulieu. Bte. Saucier.
Antoine Girardin. Charles Gratiot.
Present.
M. Reynal, Plaintifif, vs. Charles Gratiot, Defendant.
The plaintiff shows the Court by a petition that the defend-
ant should be condemned to pay him a sum of three hundred
pounds of deer-skins for the amputation of the leg of Jean
Racette which he performed, as he had been summoned by the
said gentleman ; and the said M. Gratiot had promised to pay
the surgeon on condition that the named Parisien to whom the
accident had happened, reimburse him what it cost therefor.
This was said in the presence of Bte. Alarie.
Bte. Alarie appeared on summons and, after having made oath,
proved that he was not in Cahokia when the accident happened to
Jean Racette.
1 This may mean the Cantine, a stream near Cahokia.
30 ILLINOIS HISTORICAL COLLECTIONS
vroit pas Etre Condann^ a payer Cette Somme de trois Cent
Livres, vue que led^* Racette quoi que Laccident soit arrivd ches
Luy Est tout a fait Etranger Et que Dans pareille Cas il Devoit
Depecher quelqu'un pour avoyer chercher un chirugien pour
Soulage un pauva malheureux, Sans etre oblige D'en payer
Les fraix.
La Court ne pouvant pas absolument Condanner Le Sieur
Charle Gratiot a payer au Sieur reynal La Somme de trois Cent
Livres pour 1' imputation faitte a la Jambe de racette, a decide
quil Etoit necessaire D'attendre Larive du nome parisien a qui
L'accident est arrive.
une Requette presente En Cour par pierre Roy Contre m^®
Courville, pour quil luy Soit Defendu vendre auqu'un biens fonds,
qu'apres avoir fait faire invantaire, Et reconoitre La part De
Son fils.
La Court othaurise Led* Sieur pierre roy a faire un assemble
de parens et damis pour faire invantaire Des biens Delesse par
feux Courville Et quil Sera fait un partage Egal Des biens, Entre
ma^® veuve Courville Et son fils, Et quil sera Elu un tuteur.
La Court Est ajourne a vendredy 17^^ xbre.
f saucier Greffier f trottier
a une Court Du 17 xbre.
ou Etoit present Messieurs Charle Gratiot Michel Beaulieu
B*® Saucier pierre martin Et ant Girardin, tons Cinq Majestrat
de Lad**^ Court — assemble pour interoger Le peoria sur des
mauvais Discourt quil dit avoir Entendu dire par d' autre nation.
Ledit peoria a dit quil avoit Entendu Le Chef du loup faire
des reproche aux autre Sauvages a legar d'une medail Et un
Collier rouge quils avoient, il a dit depuis quayant Ete a une
1 One of the several attempts made by the British to arouse the Indians to drive the Vir-
ginians out of Illinois. In Dillon, Annals of Si. Louis, 192, is an interesting letter from
Gratrot to Montgomery giving further details about these events. This winter's work ended
in the fruitless attack of the British and Indians on St. Louis and Cahokia in May. See
pp. 58, n. I, 589, and Inlrodtiction, p. Ixxxvii.
2 Medals of silver or bronze were frequently given to Indian chiefs as tokens of alliance.
3 Term used by the Indians to designate the Virginians.
* The French is ''qu'en cas que."
COURT RECORD, DECEMBER, 1779 31
The defendant offered as his defence, wherefore he should not
be condemned to pay this sum of three hundred pounds, that the
said Racette, although the accident happened at his house, was
a total stranger to him, and that in such circumstances it was his
duty to send somebody to seek a surgeon to relieve an unfortunate
man without being obliged to pay the costs.
Since the Court cannot unconditionally, condemn M. Charles
Gratiot to pay M. Reynal the sum of three hundred pounds for the
amputation of the leg of Racette, it decided that it was necessary
to await the arrival of the named Parisien, to whom the accident
happened.
A petition presented to the Court by Pierre Roy against Madame
Courville, praying that she be forbidden to sell any land, until
she has caused an inventory to be made and has recognized her
son's share.
The Court authorizes the said M. Pierre Roy to hold an assem-
bly of relatives and friends to make an inventory of the property
left by the late Courville and decrees that an equal division of the
property between the widow, Madame Courville, and her son be
made, and that there be elected a guardian.
The Court adjourned to Friday, December 17.
F. Saucier, Clerk. F. Trottier.
At a Court, December 17:
Where were present MM. Charles Gratiot, Michel Beaulieu,
Bte. Saucier, Pierre Martin and Ant. Girardin, all five magis-
trates of the said Court — assembled to interrogate the Peorian
about the evil speech, Which he said he had heard used by an-
other nation.^
The said Peorian said that he had heard the Chief Wolf
reproach the other savages in regard to a medal ^ and a red
belt which they had. He said that later he was at the
lodge of his savages with Charloc and that a woman asked him
what he had come for, since the French Big Knife ^ was charged
with having killed one of their people. Thereupon the said
savage told Charloc to go home. This latter answered that
in case * he was in danger the Master of Life would save him.
32 ILLINOIS HISTORICAL COLLECTIONS.
Loge de Ses Sauvages avec Charloc q'line femme luy dit quesce-
qu'il venoit Chercher puisque Les francois Grand Coutau Etoit
taxe D'avoir tue un De leur Gens. Ladessu Ledit sauvages Dit
a Charloc de sen retourner, se dernier luy fit reponce quen qua
quil y aye du denger que le maitre de la vie Le Sauveroit, Ledit
sauvage pe a dit que le chef loup avoit pris Charloc Et I'avoit mis
Dans le Camp des hommes que la un autre Chef nome la puce
ayant pris le fusil D'entre les mains dud* charloc Luy dit pleure
pour Jay le Coeur rouge Et enseglante, led* peoria a dit q'une
femme luy avoit dit pourquoy Escequ'il venoit a Leur loge puisquil
ne Se passoit rein de Bon parmi Eux, que tous les jour il se tenoit
Des Conseil et quil ne disoit rien de bon, il dit de plus que quand
la femme a Eu fini de luy parler, un Jeune homme Sest mis a la
porte et que voyant Cela il s'est Sauve et qu'a linstant tout les autre
Sauvages se mirent a Crie En voila un qui se Sauve, En plusieurs
fois differentes, led* peoria a dit encore quand se Sauvant quil
n'a eu que le tems de prendre Son fusil et a lesse Sa Couverte.
Le dit Charloc a dit quil a dit au dit peoria si il Vouloit Venir
avec luy Voir les sauvages Et que le pe Luy repondit quil le vou-
loit bien il dit de plus quan allant voir ses dits sauvages quils ont
rencontre un homme et une femme, que I'homme et pres de boisson
quil la fait monter a cheval avec luy et que la femme a Con-
tinuer la route avec le pe ledit Charloc dit qu'etant arrive il dit
audit pdoria de desseler son Cheval et D'entrer avec luy dans la
Loge Sur quoy le pe luy repondit quil ne vouloit pas entr^, Seci
fut dit En presence du pe qui a dit pourquoy Veut tu que Jentre
mois qui Entans mal parle Dans cette loge, ledit Charloc dit
qu' entrant Dans La loge il avoit une bouteille a sa main Voulu-
rent luy prendre, et quil leur dit prene La je ne m'en Souci pas, le
peoria dit quil luy ont arrach^ de force.
La Court Et ajourne a 2 heure apres midi 17 du present,
f saucier. Ch Gratiot.
COURT RECORD, JANUARY, 1780 33
The said Peorian savage said that the Chief Woif had taken
Charloc and placed him in the men's camp and that there
another chief named The Flee seized the gun from the hands
of the said Charloc and said to him, "Weep, for my heart is
red and bloody". The said Peorian said that a woman had asked
him why he came to their lodge, since there was nothing good
going on among them and that every day there were held councils
and that nothing good was said. He said further that, when the
woman had finished speaking to him, a young man started for
the door and, upon seeing that, he had made his escape ; and that
immediately all the other savages began crying, "There is one
who is escaping". On several different occasions, the Peorian
said that in escaping he has had only time to take his gun and
had left his blanket.
The said Charloc said that he asked the said Peorian if he
wanted to come with him to see the savages, and that the
Peorian answered that he was very willing. He further said that
in going to see the said savages they met a man and a woman
and that the man was intoxicated, and that he made him mount
on the horse with him and the woman continued the route with
the Peorian. The said Charloc said that on arriving he told the
Peorian to unsaddle his horse and to enter the lodge with him,
whereupon the Peorian answered that he did not wish to enter.
This was said in the presence of the Peorian who said, "Why
do you want me to enter who understand the evil talk in
this lodge". The said Charloc said that when he entered the
lodge, he had in his hand a bottle which the savages wished to
take from him, and that he said to them, " Take it. I do not care
for it". The Peorian said that they snatched it by force.
The Court adjourned until two o'clock in the afternoon the
17th of the present month.
F. Saucier. Ch. Gratiot.
34 ILLINOIS HISTORICAL COLLECTIONS
a une Court 17 x^^« i779-
m' Gratiot m^ Martin '
m^ Beaulieu m^ B*® Saucier
President
suivant Les raport, Et Discourt qui ont Et^ tenu En Cour. de
la part Des Sauvages mal intention^, La Court a ordonn^ que
messieurs Les Commandant de millice Donnerons Des ordres pour
quil soit fait une Visitte generalle Dans toute Les maison pour
voir Si tout Le monde ont Des armes en Etat et la munition neces-
saire pour Se Defendre Si Ion Si trouve oblige, Et quil Sera ordon-
n^ a Ceux qui n'en n'auront point De Sen pourvoir Sans auqu'un
pretexe Vue que Suivant toute apparance il y a aux environ Du
Village Des nations qui tiennent de mauvais propos et qui sont
suivant le raport de quel que autre Sauvages tr^s mal inten-
tionnes.
La Court Est ajourne a vendredy 24 x^^®
f saucier greffier Ch Gratiot
a une Cour du 19 Janvier. 1780.
President M'^ francois trottier. M^ B*^ saucier
M^ antoine Girardin M'^ Charle Gratiot
M^ pierre martin Present.
Le Colonel mongonori ayant fait asemble La Court pour Savoir
pour quoy M^ henson navoit pas Ete reprimande pour Le tor quil
parroit avoir fait suivant le raport quil luy en a Ete fait par mons^.
cap* McCarty.
Le Colonel mongomori repente [sic] a la Cour que Comme Les
autre village ont fourni beaucoup de provisions pour Les troupe
au Credit des Etat quil Espere que Ce village cy suivant La Capa-
city Des habitant Voudront bien fournir quelque provision tel que
L'on fait les habitant des autre villages.
La Court a represent^ au Colonel quelle avoit Deja Ete in-
formd des plainte porte contre Sieur henson, et quil ny avoit auq'-
une Chose qui le regardoit Dans Les plainte porte Contre luy et
quil sestoit justifid pour le Contraire. La Court a Consenty quil
1 Colonel Montgomery was at this time in command of the forces in Illinois and was sta-
tioned at Kaskaskia. See Introduction, pp. Ixxvi., Ixxx. et seq.
COURT RECORD, JANUARY, 1780 35
At a Court, December 17, 1779.
M. Gratiot. M. Martin.
M. Beaulieu. M. Bte. Saucier.
Present.
On account of the report and testimony which have been given
in Court about the evil-intentioned savages, the Court decreed that
the officers of the militia shall give orders that there be made a
general inspection of all houses to see if everybody has arms in
condition and the necessary ammunition for defence, if occasion
arises, and that orders be given to those, who have neither, to
provide themselves therewith without any excuse, because,
to all appearances, there are in the neighborhood of the village
nations who are holding hostile talks and are very evilly disposed,
according to the report of some other savages.
The Court adjourned to Friday, December 24.
F. Saucier, Clerk. F. Trottier.
At a Court, January 19, 1780.
President, Francois Trottier Bte. Saucier.
Antoine Girardin. Charles Gratiot.
Pierre Martin. Present.
''* \ Colonel Montgomery ^ caused the Court to assemble in order to
learn why Mr. Henson had not been reprimanded for the wrong
which he appears to have done according to the report made to
him by Captain McCarty.
Colonel Montgomery shows [?] the Court that, as the
other villages have furnished supplies of provisions for the
troops on the credit of the States, he hopes that this village
according to the capacity of the inhabitants will be willing
to furnish some provisions, as the inhabitants of the other villages
have.
The Court showed the Colonel that it had already been
informed of the complaint brought against M. Henson, and that
there was nothing in the complaint which concerned him and
that, on the contrary, he had justified himself. The Court agreed
that a census shall be made and that those who can furnish some
36 ILLINOIS HISTORICAL COLLECTIONS
sera fait une recaputulation Et que Ceux qui pourront fournir
suivant Leurs Capacite quelque provisions soit farine ou mays
seront force De Le faire.
fr saucier Greffier.
a une Court vendredy 4^ fevrier 1780.
President M^ trotier. M^ Martin
M"^ Gratiot M^ B*^ saucier.
M^ Girardin Present.
p. B^^ Lacroix Demendeur B^^ saucier Defendeur
Le Demendeur poursuit Le Defendeur pour un billet de Cent
quatrevingt une livres Dix sols En pelleterie quil Luy Doit payer
En pelleterie ou farine.
Le Defendeur represente quil a propose En Differante occasion
Le payement dud^ billet En pelleterie Et que le Demendeur La
refuse.
Disant que le Defendeur Luy avoit promis Du ble, Le Defendeur
Luy en avoit Efifectivement promis toute fois quil ne puisse pas
avoir de pelleterie a lecheance Dud* Billet.
La Court a ordonne que le Defendeur payeray Son Billet a la
Demende Du Demendeur suivant Sa teneur.
aplication fait a la Cour par La Dame Veuve Jermain De-
mandant quil luy soit permis de Se Demettre De la Charge de
Subroge tuteur du mineurs Langdoc Dont feu Son marie.
autre aplication fait a la Court par la Dame Veuve pierre Godin
disant que feu Son mari ay ant Ete Charge de la charge de Subroge
tuteur de L'anfant mineur de feu Sieur Labe EUe Demande quil
luy Soit permis de se Demettre de lad* Charge de Subroge tu-
teur que tenoit feu Son mari.
La Court a ordonne qu'a la demende Des Dames Veuve jer-
main et pierre Godin qui [sic] Leur Serra permis de faire faire
une assemble de parant ou damis pour proceder a lelection De
deux subroger tuteur qui prendra parfaite Connecence Des in-
terest Des mineurs.
La Court Et ajourne a vendre 11 De fevrier.
f saucier Greffier.
1 No troops were quartered on the Cahokians this winter, but the people of Kaskaskia
complained to Montgomery that the other villages were not doing their fair share for the sup-
COURT RECORD, FEBRUARY, 1780 37
provisions, either flour or com, shall be forced to do so according
to their capacity.^
F. Saucier, Clerk.
At a Court, Friday, February 4, 1780.
President, M. Trottier M. Martin
M. Gratiot. M. Bte. Saucier
M. Girardin. Present.
Jean Bte. LaCroix, Plaintiff, vs. Bte Saucier, Defendant.
The plaintiff sues the defendant on a note of one hundred and
eighty-one livres ten sols in peltries, which should be paid him in
peltries or flour.
The defendant shows that he has proposed on several occasions
the payment of the said note in peltries and that the plaintiff
refused it, saying that the defendant had promised him wheat.
The defendant had in fact promised him wheat, yet only
in case that he should not be able to obtain peltries at the
maturity of the said note.
The Court decreed that the defendant should pay the note
according to its terms on the demand of the plaintiff.
Application made to the Court by Madame Germain, widow,
praying that she be permitted to withdraw from the office of surro-
gate guardian of the minor Langdoc, which ha: late husband held.
Another application made to the Court by Madame Pierre
Godin, widow, saying that her late husband had been intrusted
with the office of surrogate guardian of the minor child of the
late M. Labbe and praying that she be permitted to withdraw from
the said office, which her late husband held.
The Court decreed that in accordance with the prayers of
Mesdames Germain and Pierre Godin, widows, it shall be per-
mitted them to summon an assembly of relatives and friends to
proceed to the election of two surrogate guardians, who shall
inform themselves perfectly of the interests of the minors.
The Court adjourned to Friday, February, 11.
F. Saucier.
port of the troops. For that reason Montgomery made this demand upon the Cahokians.
— Introduction p. Ixxxii. and post, p. 545.
38 ILLINOIS HISTORICAL COLLECTIONS
a une Court du i8, fevrier 1780.
President M^ trotier M^ martin
M^ Gratiot M^ B*^ saucier
M'' Girardin Present.
J" B*^ Lacroix, Demendeur. m^ Levy, Defendeur. ^
Le demendeur poursuit Le Defendeur pour Deux tombr^ de
mays quil a acheter a Fancan de feu Lapierr, pour Le Compte de
leur Societe.
Le Defendeur raporte quayant acheter Ses Deux tombre de
mays, En Societe avec le Demendeur a L'ancan de feu S^ La-
pierre. ayant Ete fait par M^. trotier.
Le Demendeur Et Le Defendeur poursuive Mons^. trotier pour
quil Leur Soit fourni une Sertaine quantity de mays a eux adjug^
aud^ ancan, que leur manque Sur Les deux ditte tombre.
IVP trotier raporte que Le Demendeur ou Le Defendeur auroit
du faire prendre Le mays quil Leur a Ete adjuge aud* ancan, et
non pas L' avoir Lesse trois ou quatre mois Dans un Grenier a
La discretion des rats Et que Depuis Ce tems il pouroit bien En
avoir mange Se qui s'en manque.
La Court ayant trouve que messieurs Lacroix Et Levy, ayant
manque tres Ecentiellemant De n'avoir pas fait enlever Le mays
quils avoit acheter aud^ ancan, quil Est probable que ne Layant
Lesser Sous Les Soin de personne Et De L'avoir Lesser un Espace
De tems aussi Considerable que Les rats ne leurs ayent Causd tout
le Domage Dont il se plagent.
Ch^" Ducharme Demendeur pierre Roy Defendeur
Le Demendeur poursuit Le Defendeur pour une tombr^ De
mays quil Luy a Ete adjuge a L' ancan de feu allexis Courville Et
quil ne luy a point Ete Livre ni Si Etant point trouve.
Le Defendeur Raporte quil a Et^ Dit Lors de L'ancan quen ca
que La quantite de mays Crie aud^* ancan ne Se trouva point que
Celuy a qui il En Seroit adjuge ne Seroit tenu a paye qu'en qua
que la quantite Estime si trouve.
La Court ayant trouve que Le Demendeur a trop tarde a faire
Enlever Le mays que personne n'est Dans Le Cas de La Luy
1 The tombre was a two-wheeled wooden cart, made without iron, in common use among
the French.
COURT RECORD, FEBRUARY, 1780 39
At a Court, February 18, 1780.
President, M. Trottier. M. Martin.
M. Gratiot. M. Saucier.
M. Girardin. Present.
Jean Bte. Lacroix, Plaintiff, vs. M. Levy, Defendant.
The plaintiff sues the defendant for two cart-loads^ of corn,
which he bought on the account of their partnership at the auction
of the goods of the late Lapierre.
The defendant states that he, in partnership with the plaintiff,
bought the two loads of corn at the auction of the goods of the
late Lapierre, which was held by M. Trottier.
The plaintiff and defendant sue M. Trottier that there be fur-
nished them a certain quantity of corn, which was lacking in two
cart-loads knocked down to them at the said auction.
M. Trottier reports that the plaintiff or the defendant should
have had the corn, which was adjudged them at the said auction,
removed and should not have left it three or four months in the
granery to the discretion of the rats, and that during that time
there could easily have been eaten what is lacking.
The Court found that MM. Lacroix and Levy were very
negligent in not having the corn, which they bought at the said
auction, carted away; and that, since they had not left it under
the care of anyone and had left it for so considerable a length of
time, the rats had caused all the damage of which they complain.
Charles DuCharme, Plaintiff, vs. Pierre Roy, Defendant.
The plaintiff sues the defendant for a cart-load of corn which
had been knocked down to him at the auction of the goods of the
late Alexis Courville and which was not delivered to him, since it
could not be found.
The defendant reports that, at the time of the auction, it was
said that in case the quantity of corn cried out at the said auction
was not found, he, to whom it should be adjudged, would be held to
pay only in case that the estimated quantity should be found there.
The Court found that the plaintiff delayed too long in having
the corn carted away, and that no one is bound to furnish it to
him, since he left it in the care of nobody; and furthermore that it
40 ILLINOIS HISTORICAL COLLECTIONS
foumir ne Layant Lessd sous La Garde de personne Et qu'en outre
il a Ete Dit a L'ancan publiquement que Ceux qui acheteroit du
mays il ne Luy Seroit livr^ que D'autant quil Si trouveroit Vu que
les Estimateur auroit pu Se tromper Dans Lestimation.
aplication faite En Court par J". B*® H^'" Lacroix qui Demande
La vente de quelques Effest appartenant au S^ Sills quil a Entre
Ses main pour une Somme De quatrevingt trois livres que led*
Sieur Luy Doit suivant L'etat qu'il En a produit En Court.
La Court ayant observe que le S^ Sills etant parti dici pour le
Service Des Etat, que led* Sieur Lacroix Est Condann^ a atendre
Vue que ledit Sieur Sills peut revenir au premier Jour.
La Court a Condann^ tout Les perdant de cette Court a pay^
tous Les fraix de Justice.
La Court Est ajourn^ a Vendredy 17^* mars 1780.
f saucier, Greffier. f trottier.
a une Court Vendredy 17 mars 1780.
President Monsieur trotier M'" Beaulieu
M^ Girardin M^ B*® saucier
Present.
M^ Decostle Demendeur ant Lusser Defendeur
Le Demendeur poursuit Le Defendeur pour un Compte montant
a La Somme de deux Cent Soixante et dixneuf Livre En pelleted.
Le Defendeur produit un billet de Vingt six Livres En pelle-
terie passe a Son ordre par le Demendeur qui Declare quapres
avoir regl^ tout Leur Compte il Luy auroit Consenti Se billet pour
reglement de tout Compte Le Defendeur produit Le meme Compte
qui Declare avoir Deja regie avec le Defendeur montant a la
Somme de Six Cent Cinquante huit Livres quinze Sols.
Le Demendeur Est Condann^ a payer au Defendeur Le billet
quil Luy a Consenti de vingt Six Livres En pelleterie et que tant
qu'a Leur Compte il paroit par led* billet quils ont Et^ regl^ Et
que le demendeur Luy redevoit Sette Somme Et a paye Les fraix.
ANTOINE Lusser, Demendeur. Louigau, Defendeur.
Le Demendeur poursuit Le Defendeur pour Lavoir tax^ Da-
voir pris ches luy une p'*. Dattel.
1 The clerk has made a slip here and so mixed his plaintiffs and defendants that the passage
is difficult to interpret.
COURT RECORD, MARCH, 1780 41
was publicly said at the auction that, to those, who bought
corn, there would be delivered only as much as there was, seeing
that the appraiser might have made a mistake in the estimate.
An application made to the court by Jean Bte. Hubert LaCroix
who requests the sale of some effects belonging to M. Sills, which
he has in his possession, to pay the sum of eighty-three livres,
which the said gentleman owes him according to a statement,
which he has produced in Court.
The Court, having considered that the said M. Sills has gone away
on the service of the State, condemned the said M. LaCroix to wait,
seeing that the said M. Sills will return on the first possible day.
The Court condemned all those losing in this session to pay all
costs of justice.
The Court adjourned to Friday, March 17, 1780.
F. Saucier, Clerk F. Trottier.
At a Court, Friday, March 17, 1780.
President, M. Trottier. M. Beaulieu.
M. Girardin. M. Bte. Saucier.
Present.
M. Decostle, Plaintiff, vs. Ant. Lussier, Defendant.
The plaintiff sues the defendant for an account amounting to
the sum of two hundred and seventy-nine livres in peltries.
The defendant produces a note of twenty-six livres in peltries,
made to his order by the plaintiff, which declares that, after having,
squared up their account, he had given this note in final settlement.
The defendant produces the same account, which declares that he
had already settled with the defendant [plaintiff?]^ to the sum of
six hundred and fifty-eight livres fifteen sols.
The plaintiff is condemned to pay the defendant the note for
twenty-six livres in peltries which he has given him; and as to
their account, it appears from the said note to have been
squared up and that the plaintiff still owes this sum; and he is
condemned to pay the costs.
Antoine Lussier, Plaintiff, vs. Louigaud, Defendant.
The plaintiff sues the defendant for having accused him of
having taken a pair of hames from his house.
42 ILLINOIS HISTORICAL COLLECTIONS.
Le Defendeur dit navoir Jamais Dit que le Demendeur Luy
avoit vole Cette p Dattelle Et qu'on Luy avoit Dit Seulement quon
avoit Vue une p^ a peu pres pareil ches le Demendeur.
La Court a renvoye Le present Comme ne pouvant faire
auqu'ne Decision Sur Cette affaire Et a Condanne Le Demendeur
a payer Les fraix.
La Court Est ajourne a vendredy 7® Davril.
f trottier. f saucier greffier.
a une Court du 7^^ D'avril 1780.
Pr^sidant Capt. trotier antoine Girardin
Michel Beaulieu B*® Saucier.
Present,
a La demende Des CReensie de feu Milhomme La Court a
ddside qu'une Encans Des biens Dellesse par Led* feu Mil-
homme Sera fait Dimanche prochain 9^^ Du Present mois pour
Satisfaire a Ses Deptes Et Si plus il y a il Sera partage a Ses
Enfans.
Par ordre f trottier. fr saucier.
A une Cour du 21 D'avril. 1780.
President Capt. trottier pierre Martin
Michel Beaulieu Bap*^ Saucier
antoine Girardin Present.
Representation fait a La Cour par Joseph lepage a Legar du
negre du Mon^ trotier pour une insulte faite par Luy a La garde
Demandant que Le dit negre Soit puni Comme il Le meritte ayant
tres mal parle Et ayant menace de Ce revenger Contre Ceux qui
entreprendroit de Sen saisir.
apres avoir Examine Les plaintes porte Contre Ledit negre La
Cour a Decide que M^ trotier fera Donner a Son negre vingt Cinq
Coupt de fouet, pour La Premire faute quil a Comis Et plus a
lavenir Si il retombe Dans le meme cas.
La Cour est ajourne au Vendredy 5^^ may.
f trottier f saucier Greffier.
COURT RECORD, APRIL, 1780 43
The defendant says that he never said that the plaintiff had
stolen this pair of hames, but that he had been told that a pair
very similar to his had been seen at the house of the plaintiff.
The Court dismissed the present suit, since it is impossible to
reach any decision in this case, and condemned the plaintiff to
pay the costs.
The Court adjourned to Friday, April 7.
F. Trottier. F. Saucier, Clerk.
At a Court, April 7, 1780.
President, Capt. Trottier. Antoine Girardin.
Michel Beaulieu. Bte. Saucier.
Present.
On the demand of the creditors of the late Milhomme the
Court decided that an auction of the goods left by the said late
Milhomme shall be held next Sunday, the 9th of the present
month, in order to pay his debts; and if there is a surplus, it shall
be divided among his children.
By order, F. Trottier. F. Saucier.
At a Court, April 21, 1780.
President, Capt. Trottier. Pierre Martin.
Michel Beaulieu. Bte. Saucier.
Antoine Girardin. Present.
A representation made to the Court by Joseph Lepage in regard
to a negro belonging to M. Trottier on account of an insult made
by him to the guard, and he demands that the said negro be pun-
ished as he deserves, since he used very bad language and threat-
ened to revenge hitaself on those who should undertake to seize
him.
After having examined the complaints brought against the said
negro, the Court decided that M. Trottier shall have the negro
given twenty-five strokes with the whip for the first offence he has
committed, and more in the future, if he does it again.
The Court adjourned to Friday, May 5.
F. Trottier. F. Saucier, Clerk.
44 ILLINOIS HISTORICAL COLLECTIONS.
Vendredy 5^® may 1780.
Pr^sidant Capt. trotier pierre Martin
ant. Girardin B*® saucier.
Present.
Gabriel Constant Demendeur. Janot Lapance Defendeur
Le demendeur poursuit Le Defendeur pour un Soc quil Luy
doit.
Le Defendeur repond quil Devoit Donner un Soc ou trente
Livres en pelleterie au Demendeur. Et quen outre il Devoit
payer a M^ trotier Les trente Livres Layant trensporte [sic] pour
Ce quil devoit a L'ancan de feu Lapierre Ce que le Defendeur
a fait Sur quoy Mon'" trotier Luy a dit que cela ne pressoit pas
Et quil L'acceptoit pour Cette Somme.
Le Deffendeur a pret^ Serment quil Etoit Convenu De payer
au demendeur Dix Ecu En pelleterie ou un Soc ne pouvant
Donner un Soc il Est Condanner a payer Les Dix Ecu Comptant.
Et Le Demendeur a payer Les frais.
application fait par Sieur ant armant Demandant quil Soit fait
un [word illegible] ancan Des Biens de feu Vadboncoeur Et
Elir un tuteur au mineurs Et Sexposant a ce que Le Gendre
dud* Deffucnt Le Soyent disant que Le Deffucnt Vadboncour
La prier de Sinteresser a Se Sujet.
La Cour a Demander aud* S'" armant quelque Ecrit, ou quelque
autre preuve Comme quoy il est Charge de faire Executer Les
Derniere Volonte de feu vadboncoeur.
franjois alexandre ayant paru et prete Serment Sur Ce quil
a Entendu Dire par feu Vadboncoeur a M^ Girardin et a dit que
quelque tems avant Le dessay de Son beau pere il La Envoye
Cherch^ M^ Girardin Et quil Luy a dit a luy parlant quil Le
prioit de vouloir Bien prendre Les interest de Ses Enfans Le
Chargant dagir En Consequence pour quil ne leur Soit fait au
qu'un tort Ce que M^ Girardin a dit avoir promis de faire.
La Cour a desside quil Seroit nomd un tuteur Et Subroger
1 The small piece of iron attached to the plow.
2 The meaning is not clear.
' The ecu was equal to three livres, or sixty cents.
COURT RECORD, MAY, 1780 45
Friday, May 5, 1780.
President, Capt. Trottier. Pierre Martin.
Ant. Girardin. Bte. Saucier.
Present.
Gabriel Constant, Plaintiff vs. Janot Lapance, Defendant.
The plaintiff sues the defendant for a plowshare ^ which he owes
him.
The defendant answers that he ought to give a plowshare or
thirty Hvres in peltries to the plaintiff; and besides he was to pay
the thirty livres to M. Trottier, since the plaintiff had assigned it
for what he owed at the auction of the goods of the late Lapierre.
This the defendant had done, but M. Trottier had said to him that
there was no hurry and had accepted the assignment for that sum.^
The defendant made oath that he had agreed to pay the plaintiff
ten ecus ^ in peltries or a plowshare, and not being able to give the
plowshare he is condemned to pay the ten ecus in cash. The
plaintiff is condemned to pay the costs.
An application made by M. Ant. Harmand, asking that an
. . [word illegible] . . auction of the goods of the late Vadeboncoeur
be held and an election of a guardian for the minors be made,
recommending that the son-in-law of the deceased be guardian,
and saying that the deceased Vadeboncoeur had begged him to
interest himself in the subject.
The Court demanded of the said M. Harmand some writing
or other proof that he was intrusted with the execution of the
last will of the late Vadeboncoeur.
Francois Alexandre appeared and made oath in regard to what
he heard said by the late Vadeboncoeur to M. Girardin. He said
that some time before the decease of his father-in-law, the latter
sent him to bring M. Girardin, and that in the course of their
conversation the late Vadeboncoeur begged M. Girardin to consent
to look after the interests of his children, charging him to act so
that no wrong should be done them. This M. Girardin had
promised to do.
The Court decided that there be named a guardian and a sur-
rogate guardian by plurality vote; and there has been named
46 ILLINOIS HISTORICAL COLLECTIONS.
tuteur a la pluralite Des voix Et a Ete nom^ francois alexandre
tuteur Et antoine Girardin Subroger tuteur. et quil Sera fait un
invantaire De tous les Biens Et un ancan appres Si il est a prop6s
de le faire.
Demendeur Louis Pillet Defendeur B*^ saucier
Le Demendeur poursuit Le defendeur pour quil Luy Soit
rembourse par Le deffendeur six minot de bl^ Suivant Lesti-
mation qui En a Et6 fait Comme ayant Ete mange par Les pour-
feau qui ont Passe par Sa Clauture. Le deffendeur repond que
Lorsque Les pour^ueau [sic] ont pass^ Dans les grins quil navoit
pas Encore acheter de Mons^ S*. Pierre et que Le tort a Et^
fait avant quil Laye acheter.
La Cour a renvoye Le present procet a Vendredy 26® Du pre-
sent mois pour que Les deux partis aye a produire Leur preuve
La Cour Est ajourne a Vendredy 26® may 1780.
f trottier fr. saucier GreflSer.
Vendredy. 9 Juin 1780.
President Capt. trotier. pierre martin.
M". Cha. Gratiot. B^^ Saucier.
Michel Beaulieu Present,
jn gte Mercie ayant produit en Court une requette Contre
Le nome George King, pour un Capot Et une paire de boucle
dargent que ledit King Luy a vole, et demande qu'ne Carabine a
present entre Les mains de Mons^ f. trotier Comm^^ au d^ Lieu
Soit Vendu, pour Satisfaire au vole qui luy a ete fait.
La Cour a ordonne que la ditte Carabine Soit vendu en public
pour payer a M^ Mercie Se dont il luy a Ete prie par led* Geo.
King Et Si plus il y a il Sera Depose Entre les mains du cherif
Jusqu'a Nouvelle ordre.
Louis Pillet Demendeur B*® Saucier Defendeur
Le demendeur et Le defendeur ayant produit Leur preuve
r^ciproque.
La Cour a ordonne que Le defendeur rendroit au demendeur
La quantite de Bl^, Suivant Lestimation faite.
^ The minot contained three bushels.
2 Many suits were caused by animals breaking through the fence of the common field.
This was the cultivated land, laid out in narrow strips which were owned by individuals.
COURT RECORD, JUNE, 1780 47
Francois Alexandre as guardian and Antoine Girardin as
surrogate guardian. It has been ordered that an inventory of
all the goods be made and an auction afterwards, if it is expe-
dient to hold it.
Louis Pillet, Plaintiff, vs. Bte. Saucier, Defendant.
The plaintiff sues the defendant that he may be reimbursed by
the defendant six minots^ of wheat, which, according to estimate,
is the amount eaten by the pigs, which passed through his fence.'
The defendant answers that, at the time the pigs passed into the
grain, he had not yet bought the land from M. St. Pierre,
and that the wrong was done before he bought it.
The Court continued the present suit till Friday, the 26th of
the present month, in order that the two parties have time to
produce their proofs.
The Court adjourned to Friday, May 26, 1780
F. Trottier. Fr. Saucier, Clerk.
Friday, June 9, 1780
President, Capt. Trottier. Pierre Martin.
Charles Gratiot. Bte. Saucier.
Michel Beaulieu. Present.
Jean Bte. Mercier brought into Court a petition against the
named George King for a coat and a pair of silver buckles, which
the said King stole, and prays that a rifle at present in the hands of
M. Trottier, commandant of the post, be sold to indemnify him
for the theft, which has been made from him.
The Court decreed that the rifle be sold publicly in order to pay
M. Mercier for that which had been taken from him by the said
Geo. King; and if there be a surplus, it shall be deposited in the
hands of the sheriff until further orders.
Louis Pillet, Plaintiff, vs. Bte Saucier, Defendant.
The plaintiff and defendant produced their proofs severally.
The Court decreed that the defendant render to the plaintiff
the quantity of wheat according to the estimate made.
The whole field was protected by a fence built by the community, each proprietor being
responsible for that part of the fence on his land. A gate near the village gave access to
the field. Damages for the injury to crops could be collected from the person through
whose fence stray animals passed. — Reynolds, Pioneer History, 31 and 48.
48 ILLINOIS HISTORICAL COLLECTIONS.
La Cour Etant assemble pour prendre Les arengement Les
plus convenable pour Les affaires de feu Sieur Bellau.
EUe a decide quil Sera fait un exament Exacte de tout Ses
papier afin de prendre Le plus quil Sera possible Connoissance
de Ses affaires, Et ensuitte nomera un Sindic pour Gerer toute
Ses affaires Suivant Comme il Sera ordonnd par la Cour.
La Court Et ajourn^ a 2 heure apr^s midy 9. Du present.
f saucier Greffier. f trottier.
9. juin 1780. 2 heure apres Midy.
President Capt. trotier. Pierre Martin.
M" Ch. Gratiot. B^^ Saucier.
Present.
Louis Louigau Demandeur James finne Defendeur
Le Demendeur pour Suit Le defendeur pour Le payement
d'un Cheval quil Luy a tue a force de Courir dans La prairie du
pon Suivant La requette quil En a prdsent^ En Cour.
Le defendeur dit que C'est par L'ordre du Colonel Mont-
gomery quil a pris le cheval pour en atrapper d' autre, pour le
besoin de I'etat.
Thomas Brady ayant pretd Serment Sur Le S* Evangile de
Dieu, tout puissant de repondre au question qu'on Luy feroit
et a dit quil Etoit temoin Lorsque Mons^ James finnea pris le
cheval de Louis gau et quils ont Ete Ensemble Dans La prairie du
pon, mais que James finne na point Couru Le dit Cheval, et
quaprds avoir atrape une jumen ^ eux apartenant quil auroit
Lachd Le cheval, qui Sest Ensuitte Battu avec un autre un Ser-
tain terns et quapres cela Voyant que Le cheval avoit beaucoup
Sue quelqu'n Luy dire quil falloit Seigner Led* cheval Se qui
fit Sur Le Champ et que neanmoins il mourut peu De tems
appres.
La Cour d'une voix unanime a Condanner m^ James finne
pour S'etre Saisi dud* cheval Sans auqu'ne ordre a pay^ au Sieur
Louigau Son cheval suivant Sa Valeur.
pierre Gagnon a et6 nome par la Cour Sindic pour prendre
Connoissance des affaires de feu Michel Bellau, et Ensuitte
1 Prairie du Pont was a hamlet with commons and common field, about a mile south
of Cahokia. See map at end of this volume, also note i, p. 88.
COURT RECORD, JUNE, 1780 49
The Court assembled to take the most expedient measures for
the affairs of the late M. Bellau.
It decided that there shall be made an exact examination of all
his papers in order to obtain the best possible information of his
affairs, and that afterwards there shall be named a syndic to con-
duct all his affairs as he shall be ordered by the Court.
The Court adjourned till 2 o'clock in the afternoon, the 9th
of the present month.
June 9, 1780, at 2 o'clock in the afternoon.
President, Capt. Trottier. Pierre Martin.
Ch. Gratiot. Bte Saucier.
Present.
Louis Louigaud, Plaintiff, vs. James Finney, Defendant.
The plaintiff sues the defendant for the payment of a horse,
which he killed by running it in the Prairie du Pont,^ according to
the petition which he has presented in Court.
The defendent says that he took the horse by order of
Colonel Montgomery in order to catch another for the need of the
state.
Thomas Brady having made oath on the Holy Gospels of
Almighty God to answer the question which was put to him,
said that he was a witness, when M. James Finney took Loui-
gaud's horse, and that they were together in the Prairie du Pont,
but that James Finney did not run the said horse; and that after
catching a mare belonging to them, he let the horse loose and
that then it fought with another horse for a certain time;
and that, after noticing that the horse was very sweaty, some-
body told him that he ought to bleed the said horse,
which he immediately did; that nevertheless it died shortly after-
wards.
The Court unanimously condemned M. James Finney, for
having taken the said horse without any order, to pay M. Loui-
gaud the value of his horse.
Pierre Gagnon has been named by the Court syndic to in-
form himself of the affairs of the late Michel Bellau, and to
administer them afterwards in a manner, which he shall believe
so ILLINOIS HISTORICAL COLLECTIONS
Gerer de la maniere quil Croira Etre Le plus Convenable etant
authorise par la d**^ Cour D'agir a ce Sujet.
saucier Greffier.
a une Court 19 Juin 1780.
President. Cap*, trotier ant. Girardin
Messieurs Ch. Gratiot Pierre Martin
Michel Beaulieu B*^ Saucier.
Present.
La Court Etant assemble pour prendre Le Serment de fidelity
ainsi que Celuy doffice, Des Sieur Joseph Lepage J". B*® Lacroix
Clement Langlois ch. Ducharme francois Courie philipe Jervais
antoine armant, Comme ayant Ete nome par une assemble pub-
lic Dimanche Dernier 18 du Courant, dans La Maison de M^ fr.
trotier Cap^^ Commandant La Milice Des Cahokias, pour prendre
Leurs place Comme En qualite de Juge de paix &c.
Les Suivant Juges Mentione en L'autre Part par La Derniere
Election faite, ont prie Le Serment de fidelite aux Etats, ainsi
que Celuy de Juge de paix &c, Selon leurs liste a lexeption de
Joseph Lepage absant.
La Cour a ordonne que fr. Saucier Soit appointe dark de la
Cour.
Francois Saucier a pris Serment de fidelite Et doffice Et a pris
Sa place en qualite de dark.
Nicolas Chabaut a pris Serment de fidelite ainsi que Celuy
d'office et a pris Sa place En qualite de Baillif de la Cour.
Jean B^® Hubert Lacroix a remis a la Cour Sa Comission de
Cherif.
President Ch. Ducharme francois Courrie.
ant. armant. J° B*® Lacroix.
philipe Gervais. Clement Langlois
Present
Ch Gratiot ayant produit En Cour un Compte due par La
Succession de feu ferant Montant a la Somme de Cinq Soixante
et huit Livres Seize Sols.
Mon^ trotier a produit un Sertificat de B*^ Lamarche par
Lequel il prove que feu ferrand luy Doit quarante Sept Livres
COURT RECORD, JUNE, 1780 51
most expedient, being authorized by the said Court to act in this
matter.
Saucier, Clerk.
At a Court June 19, 1780.
President, Capt. Trottier. Ant. Girardin.
Ch. Gratiot. Pierre Martin.
Michel Beaulieu. Bte. Saucier.
Present.
The Court assembled to receive the oath of fidelity and that of
office from MM. Joseph Lepage, Jean Bte. LaCroix, Clement
Langlois, Ch. DuCharme, Francois Courier, Philippe Gervais,
and Antoine Harmand, who have been elected by a public assem-
bly, held last Sunday, the i8th of the present month, in the house
of M. Fr. Trottier, captain commanding the militia of Cahokia,
in order that they may take their places as justices of the peace etc.
The following justices, mentioned in the other part as elected
in the last election, have taken oath of fidelity to the States and
that of justices of the peace etc. according to the list, with the
exception of Joseph Lepage absent.
The Court has ordered that Fr. Saucier be appointed clerk of
the Court.
Francois Saucier took the oath of fidelity and that of office and
took his place as clerk.
Nicolas Chabot took the oath of fidelity and that of office and
took his place as bailiff of the Court.
Jean Bte. Hubert LaCroix presented to the Court his commis-
sion as sheriff.
President, Ch. DuCharme. Francois Courier.
Ant. Harmand. Jean Bte. LaCroix.
Philippe Gervais. Clement Langlois.
Present.
Ch. Gratiot produced in Court an account due by the heirs of
the late Ferrant amounting to the sum of five hundred and sixty-
eight livres and sixteen sols.
M. Trottier produced a certificate of Bte. Lamarche by which
he proves that the late Ferrant owed him forty-seven livres ten solSj
52 ILLINOIS HISTORICAL COLLECTIONS.
Dix quil Luy a prete Ce qui fait Ensemble La Somme de
Six Cent Seize Livre Dix Sols Le montant Des efifest de feu
ferand Montant a la Somme de Cinq Cent Vingt neuf Livre
Cinq.
La Cour a ordonn^ que Le S'^ charle Gratiot payeroit a M^me
Le produit de La vente Des Dits Effest La Somme de deux Cent
quatrevingt onze Livres Seize Sols pour Depte privil^gi^ Suivant
Les Compte a luy present^ Et Le reste Des Deptes Seront tir^ au
mar La Livre.
Charle Gratiot a produit En Cour un Compte Courant Entre
luy et feu Michel Bellau de la Somme de Six Cent huit Livres dix
Sols Sur Lequel il Luy est due deux Cent Cinquante Six Livres
quatorze Sols par La Balance et Demende a La Cour que Cette
Somme Luy Soit payd par Le Sindic qui a et6 nom6 par La Cour
pour regler Les affaires du Dit feu Bellau.
Charles Gratiot produit encore un Compte En Cour Contre
Le Sieur Durant montant a la Somme de cinquante Livres dix
Sols demandant pareillement quil Luy Soit pay^ Egallement
Comme L' autre.
approuv^ par La Cour Les Compte pr^sent^ par M^ Ch.
Gratiot.
La Cour Est Convenu que Les billet Due a S^ Durant Ser-
viront a payer Jusqu'a La Conqurance Des Deptes faite par
Michel Bellau ayant acheter Divers Effest ici Des quels il Sest
Servi pour payer Les Deptes de M^ Durant. et quaqu'un
Compte ne Sera payer Sans Etre aprouve De la Cour.
La Cour Est ajourne a Jeudi 29 juin 1780.
fr saucier Greffier DuCharme presidans
a un Cour 29 juin 1780
President Charle DuCharme Joseph Lepage
antoine armant Clement Langlois
francois Courrie . philipe Jervais
Present
Joseph Lepage ayant pris Sa place du Magistrat, et a pret^
Serment de fidelite ainsi que Celuy d'ofice.
^ A general expression for the payment of a proportional part of one's debts, without any
indication of the exact percentage.
COURT RECORD, JUNE, 1780 53
which he had lent him, which makes altogether the sum of six
hundred and sixteen livres ten sols, the value of the effects of the
late Ferrant amounting to the sum of five hundred and twenty-
nine livres and five sols.
The Court decreed that M. Charles Gratiot should pay
directly from the proceeds of the sale of the said effects the sum
of two hundred and ninety-one livres sixteen sols for the debt
entitled to preference according to the account presented to him,
and the remaining debts shall be drawn at the rate of a mark in
the pound. ^
Charles Gratiot produced in Court a current account between
him and the late Michel Bellau amounting to the sum of six hun-
dred and eight livres and ten sols, on which there is due him two
hundred and fifty-six livres fourteen sols as a balance and prays
the Court that this sum be paid him by the syndic, who has been
named by the Court to settle the affairs of the said late Bellau.
Charles Gratiot produced also in Court an account against M.
Durand amounting to the sum of fifty livres ten sols and prays like-
wise that it be paid as well as the other.
The accounts presented by M. Ch. Gratiot were approved by
the Court.
The Court agreed that the notes due to M. Durand shall serve
for payment up to the amount of the debts made by Michel
Bellau, since the latter bought various goods here, which he
used to pay the debts of M. Durand; and that no account shall
be paid without being approved by the Court.
The Court adjourned to Thursday, June 29, 1780.
F. Saucier, Clerk. DuCharme, President.
At a Court, June 29, 1780.
President, Charles Ducharme. Joseph Lepage.
Antoine Harmand. Clement Langlois.
Francois Courier. Philippe Gervais.
Present.
Joseph Lepage took his place as magistrate and took the oath
of fidelity and that of office.
M. Sanguinette, merchant of St. Louis, produced in Court a
54 ILLINOIS HISTORICAL COLLECTIONS.
M^. Sanguinette Nego* a S* Louis a produit en Cour un Etat
de pelleterie prete a M'" Durant demant [sic] que La M^me quantity
des d**^ pelleterie Luy Soit rendu Suivant Leurs Convention.
Et a produit Encore une reconnoissance du Sieur Durant pour
Le voyage d'un homme a Michelimaquina quil luy a fourni et un
chodiere quil Luy a prete.
M^. Sanguinette demande a la Cour de condanner M^ Durant,
a Luy payer interest des pelleterie prete Comme Le tens de la luy
rendre etant echti, ainsi que pour Thomme quil Luy a fourni pour
Le Voyage de Michilimaquina.
La Cour a acorde a M^. Sanguinette que M^ Durant payera
interest Des pelleterie quil luy pr^te, ainsi que pour L'homme quil
Luy a fourni Comme ayant Besoin de Ses objest presentement, et
que F interest Sera payable de Ce Jour.
Le Sieur Isaac Levy a presente a la Cour un mandat, tire Sur
M^ Cerre, par J'on Conn de trente piastre gourde que M^ Cerr^
refuse de paye Et Ce mem manda Luy a Ete remis par Joseph
Lapense En payment D'un Cheval quil Luy a Vendu.
Joseph Lapance ayant parru a dit quil avoit vendu un Cheval a
Jonn Conn pour La Somme de trente piastre Gourde par un
Mandat tire Sur M^ Cerre.
La Cour a Condanne Le Sieur Jonn Conn a paye le billet quil a
consent! de trente piastre Gourde et a payer Les fraise Et a pareil-
lement Condanne Joseph Lapance a payer a M^ Levy pareille
Smmoe Sauve a prendre tel a rangement quil voudront Entre Eux.
La Cour Est ajourn^ a jeudi 6. de juillet.
f saucier Clark DuCharme presidans
a une Cour jeudi 6. de juillet. 1780.
Presidant. Ch^^ Ducharme Joseph lepage
ant. arment Clement Langlois
fran. Courrie philipe jervais
present
FR. MARTIN Demeudeur Jo^ alary Defendeur
Le demendeur poursuit Le defendeur Suivant Sa requette pour
1 For notice of Cerr^, see Introduction, p. xx., note 2.
2 The piastre was a Spanish coin equal in value to our dollar. The word gourde, which
appears always in the above combination, seems to add nothing to the idea, for piastre and
COURT RECORD, JULY, 1780 55
statement of peltries loaned M. Durand and prays that the same
quantity of peltries be returned to him according to their agree-
ment.
And he also produced an acknowledgement by M. Durand for
the journey of a man, whom he furnished, to Michillimackinac,
and for a copper kettle, which he lent him.
M. Sanguinette prays the Court to condemn M. Durand to pay
him interest on the loan of the peltries, since the time for returning
them has expired, and also for the wages of the man, whom he
furnished for the journey to Michillimackinac.
The Court granted M. Sanguinette that M. Durand shall pay
interest on the peltries, which he loaned him, and also on the wages
of the man whom he furnished, since he has need of his prop-
erty now, and that the interest shall be payable from this day.
M. Isaac Levy presented to the Court a draft drawn on M.
Cerr^^ by John Conn for thirty piastres gourdes,"^ which M. Cerr^
refuses to pay; and this same draft was given him by Joseph
Lapancd in payment for a horse, which he sold him.
Joseph Lapance having appeared said that he had sold a horse
to John Conn for the sum of thirty piastres gourdes paid by a
draft drawn on M. Cerre.
The Court condemned M. John Conn to pay the note for thirty
piastres gourdes, which he drew, and to pay the costs; and likewise
condemned Joseph Lapance to pay M. Levy the same sum, subject
to making such arrangements between themselves as they wished.
The Court adjourned to Thursday, July 6.
F. Saucier, Clerk. DuCharme, President.
At a Court, July 6, 1780.
President, Ch. DuCharme. Joseph Lepage.
Ant. Harmand. Clement Langlois.
Fran. Courier Philippe Gervais.
Present.
Fr. Martin, Plaintiff, vs. Jos. Alarie, Defendant.
The plaintiff sues the defendant according to his petition for a
rifle, which he left at the house of the widow Germain as security
piastre gourde are used synonymously. It is possible, however, that the word gourde is used
to disilnjjuish between the metal piastre and the paper.
56 ILLINOIS HISTORICAL COLLECTIONS
une Carabine quil avoit Less^ Ches Madame Veuve Germain En
depusit [?] pour une quantite de farine quil Luy devoit et que
Ledit defendeur a fait Saisir En Son absence Laditte Carabine
Et Sen est Servie Jusqua Son retour.
Le deffendeur a produit des Billet pour La La [sic] Somme de
trois Cent quatrevingt treize Livres En pelleterie qui Luy Sont
due par Le demendeur Et Echue.
Le demendeur offre a payer Ses Billet Et que Le deffendeur
Soit Condanner a Luy payer sa Caribine Cent piastre Comme
Elle a coute.
La Cour a decider que La Caribine du demendeur Sera Estim^
par trois personne Conoissante Et que Le deffendeur Seroit Con-
danner a prendre Laditte Carabine au prix de Lestimation a deduire
Sur Les Billet quil Luy Sont due par Le demendeur Et a payer
Les fraix de Justice pour Setre Servie de Laditte Carabine. Sauve
au demendeur a la reprendre Si il Le Veut et a payer Ses Billet.
Michel Dubois Demendeur fr. martin Defendeur
Le demendeur poursuit Le defendeur suivant Sa requette pour
quil Luy Soit fait reparation dhonneur pour Lavoir trete d'un
Coquin et que Setant vue trete de La Sorte il a pris Le parti de Le
Lesser quoique Son Engage. Et declare que le Defendeur Luy a
retenu tout Ce quil avoit dans Sans [sic] voiture Et a deffendu au
personne qui Se Sont trouve present de ne point Le retirer Suivant
Le Certificat quil a produit En Cour.
Le deffendeur declare quil est vray quil a trete Le demendeur
de Coquin Mais que Ce netoit qu'an Cas que Le d^ Demendeur
Venoit a le quitter Vue quil n'auroit pas pue trouver un autre
homme a Sa place.
Le demendeur declare Encore qu'apres avoir Et^ tretd de
coquin et de sclave quil Se trouvoit indigne de rester au Service du
deffendeur Et demande que Les effest que Led^ deffendeur Luy a
retenu Montant Environ a la Somme de Cent Livres en pelleterie
Luy Soit renbourse par Le defendeur ainsi que Ses gages.
prinouvaux ayant paru a pret^ Serment de dire La Verity et a
dit quil avoit Entendu dire au S^ Cadien G^nerallement tout Ce
quil declare dans Son Certificat.
COURT RECORD, JULY, 1780 57
for a quantity of flour, which he owed the defendant ; and he says
that the defendant had caused the aforesaid rifle to be seized
in his absence and used it until his return.*
The defendant produced notes for the sum of three hundred
and ninety-three livres in peltries, which are due him by the
plaintiff and have matured.
The plaintiff offers to pay his notes; and prays that the defend-
ant be condemned to pay him for the rifle the one hundred piastres
which it cost.
The Court decided that the value of the plaintiff's rifle shall
be appraised by three competent persons and that the defendant
be condemned to accept the rifle at the appraised price and to de-
duct the amount from the notes, which are due him from the
plaintiff; and to pay the costs of justice for having used the rifle,
reserving the right to the plaintiff to take back his rifle if he wishes
and to pay his notes.
Michel Dubois, Plaintiff, vs. Fr. Martin, Defendant.
The plaintiff sues the defendant, for the purpose, according
to his petition, that there be made him reparation of honor
because he has been called a rascal and has been so treated by
the defendant that he resolved to leave him although in his employ.
And he further declares that the defendant has retained all he
had in his boat and has forbidden the people who are present to
remove it according to a certificate which he brought into Court.
The defendant declares it is true that he called the plaintiff a
rascal ; but it was only when the plaintiff was on the point of leaving
him and because he could not find anyone to take his place.
The plaintiff further declares that after being called a
rascal and a slave, he found it demeaning to remain in the service
of the defendant and demands that his property amounting to
about the sum of a hundred livres in peltries, which the defendant
has retained, be given back to him and his wages paid.
Prenouvau having appeared made oath to tell the truth and
said that in general he had heard M. Cadien say all that he de-
clares in his certificate.
^ For further particulars, see p. 533. ~
58 ILLINOIS HISTORICAL COLLECTIONS.
alexis Brisson ayant Paru a prete Serment de dire La verity et
a dit quil est vray quils ont trete Le dit demendeur de Coquin mais
que Ce netoit que Sur Le menace quil Luy fesoit de le quitter dans
Le terns ou il avoit plus Besoin de luy.
La Cour apres avoir Entendu reciproquement Les deux partie,
a Condanner Le deffendeur a rendre Exactement au Demendeur
Les Effets quil luy appartienent Et au demendeur a payer Les fraix.
Mons^ Gabriel Cerre residant Sur La rive Espagnol a fait La
demende a La Cour de La part de M^ Le Commandant de partie
Espagnol de fournir vingt Cinq homme pour Se Joindre a une
meme quantite quil fourni pour posser une Garde a Landroit que
I'on trouvera Le plus propre pour veiller et Evitter toute Surprise
de La part de nos Enemis, Et quel Sera releve tous Les quinze
Jour.
La Cour a decider que dici a Lundy prochain il Sera pris Des
arrangements pour Cette Expedition Vue quil est tres a propos de
Le faire.
pierre Gagnon a produit En Cour Le Compte Des payement
quil a fait au Creancie de feu Bellau Suivant Lancan quil a fait
faire Et a Ete approuve.
une requette adresse au majistras Contre Ignace Chatigni pour
Examinir Si il est Coupable ou non, Des accusation faite Contre
Luy.
La Cour a renvoye La presente Examination a Dimanche neuf
du Cou^* Comme ayant Deux Magistrat de moin.
augustin ange Sest rendu Cotion de La personne d'lgnace
chatignie, Jusqu'au Jour ou il Doit Etre interoger.
La Cour Est ajournd au 9^ du Cour^*.
f saucier Clark DuCharme presdan
a une Cour du 25 Juillet.
President M^ Ch. Ducharme Clement Langlois
ant. armant philipe Jervais
francois Courie
La Cour Etant assemble pour prendre Des arengement pour
regler Les affaires de feu Jonn Conn, et a nom^ francois Saucier
1 During the summer of 1780 there were many rumors of expected attacks by the British,
and besides the one in May another attack on the Illinois villages was actually made on July
COURT RECORD, JULY, 1780 59
Alexis Brisson appeared and made oath to tell the truth and
said that it is true that they called the said plaintifif a rascal;
but it was only after the threat, which he made, of quitting at a
time when there was great need of him.
The Court, after having heard severally the two parties,
condemned the defendant to restore accurately to the plaintifiF all
the property belonging to him, and condemned the plaintiff to
pay the costs.
M. Gabriel Cerre, a resident of the Spanish bank of the river,
requests the Court on behalf of the commandant of the Spanish ter-
ritory to furnish twenty-five men to join with a like number, which
he will furnish, for the purpose of placing a guard at a place, which
will be found most convenient, to watch and so avoid any surprise
by the enemy; and which guard will be relieved every fortnight.^
The Court decided that between now and Monday next it
will make arrangements for this expedition, since it is very expe-
dient to undertake it.
Pierre Gagnon produced in Court the account of the pay-
ments, which he had made to the creditors of the late Bellau after
the auction, which he caused to be held; and it was approved.
A petition addressed to the magistrates against Ignace Chati-
gny that an examination be made to see if he is guilty or not of
that of which he has been accused.
The Court postponed the present examination till Sunday, the
ninth of the current month, since there are two magistrates lacking.
Augustin Angers became bondsman for the person of Ignace
Chatigny until the day he was to be interrogated.
The Court adjourned to the 9th of the current month.
F. Saucier, Clerk. DuCharme, President.
At a Court, July 25.
President, M. Charles DuCharme.
Ant. Harmand. Clement Langlois.
Francois Courier. Philippe Gervais.
The Court assembled to make arrangements to settle the
affairs of the late John Conn; and named Francois Saucier to
17th, and was repelled by the French themselves. — Dodge to Jefferson, August i, Va. State
Papers, i., 368.
6o ILLINOIS HISTORICAL COLLECTIONS
pour payer Les Comptes Et Billet quil [sic] Luy Seront prdsente
Et prendra Le Serment de chaque personne Sur Leur Compte
et aprds rendera Compte Exacte du tous Les payement quil aura
fait Sur Le produit de Lancan Montant a la Somme de 1013^^
15-
f saucier Gref^ DuCharme presd
a une Cour du 14 aous* 1780.
President, Ch^ Ducharme philipe Jervais
ant. armant J"" B*® Lacroix
fr. Courri^ Joseph Lepage
Clement Langlois Pres*
fr. Saucier a produit un billet de M^ Charle Gratiot de La
Somme de Cinq Mil neuf Cent Soixante Et onze Livres En pel-
leterie passe a L'ordre de M^ Ch^^ Sanguinette, et a demende que
Le dit Sieur Gratiot soit Condanne a paye Son Billet.
L'a [sic] Cour a Condanne M^ Gratiot a payer Son d* Billet
Sans delay Sauf a prendre des arengement Ensemble Si M^
Sanguinette Le juge a propos.
La Cour Est ajourne a Jeudy 17 aoust 1780.
fr saucier. DuCharme presd
a une Cour du 16 aoust 1780.
President Ch^^ ducharme philipe Jervais
ant. armant J" B*® Lacroix
Clement Lenglois
Presen
L'a [sic] Cour ayant fait assemble tous Les Cap* de milice Et
autres principaux habitant de Ce Village pour Decider Ensemble
et prendre Les moyens Les plus Sur pour Eviter toutes Surprises
de la par de Leurs Ennemis ont Decide qu'il Seroit absolument
necessaire de faire partir Dici Dix homme choisi pour aller faire
une Decouverte Dans La rivierre Des Illinois pour tacher de re-
connoitre Si positivement L'arme angloise Dont nous Somme
menace Est en marche pour venir Et quetant arive aux pe il
Detacheront quelques pour venir nous informe de Ce qui Si passe
Et poursuivront Leur route plus loin Jusqu'a Ce quils ayn [sic]
Des nouvelles Sartains de L'arme.
COURT RECORD, AUGUST, 1780 ' 61
pay the accounts and notes, which will be presented to him, and
he shall receive the oath of each person in regard to his account ;
and afterwards he shall render exact account of all payments
which he shall have made from the proceeds of the auction, which
amount to the sum of 1013 livres 15 sols.
F. Saucier, Clerk. DuCharme, President.
At a Court, August 14, 1780.
President Ch. DuCharme. Philippe Gervais.
Ant. Harmand. Jean Bte LaCroix.
Fr. Courier. Joseph Lepage.
Clement Langlois. Present.
Fr. Saucier produced a note of M. Charles Gratiot for the sum
of five thousand nine hundred and seventy-one livres in peltries
drawn to the order of M. Ch. Sanguinette, and prayed that the
said M. Gratiot be condemned to pay his note.
The Court condemned M. Gratiot to pay the said note with-
out delay, reserving the right to the two to make arrangements,
if M. Sanguinette judges it expedient.
The Court adjourned to Thursday, August 17, 1780.
F. Saucier. DuCharme, President.
At a Court, August 16, 1780.
President Ch. DuCharme. Philippe Gervais.
Ant. Harmand. Jean Bte. LaCroix.
Clement Langlois. Present.
The Court caused all the captains of the militia and other
principal inhabitants of the village to assemble in order to decide
upon and take the surest means to avoid any surprise by their
enemies ; ^ and they decided that it would be absolutely necessary
to send from here ten chosen men for the purpose of reconnoitering
on the Illinois River in order to endeavor to find out positively
if the English army, by which we are menaced, is on the march;
and that, when they have arrived at Peoria, they shall detach
some men to come and inform us what is taking place; and
that the rest shall pursue their route farther, until they have
certain news of the army.
1 See p. 58, n. i., 539 note.
62 ILLINOIS HISTORICAL COLLECTIONS
Et pour Cette Effest il a Etdt [sic] Decide D'un plain accord
que Chaques habitant tiendra ches Luy Les vivres necessaire pour
Luy et Les Soldat quil aura ches Luy pour quinze jour affin d'etre
en Etat de partir au meme moment que Les d^couvreur nous
auront Donne Des nouvelle de nos Ennemis, Desirant tous En-
semble aller au devant plutot que de Se Lesser attaquer Et Meme
Les Lesser trop aprocher Les village prevoyant La perte Du pays .
Si il Les y Lesse arrive En Consequence toute Lassemble Espere
que par Le Secour unanime Des Deux rive il Seront a meme
daretter par Ce moyens tous Les projest De Leurs Ennemis,
Et pour n'etre pas Embarasse pour Les Voiture il a Ete decide
et accorde que toute Les voiture qui Sont Dans Ce village Seront
toutes arrette et mis en garde, Jusqua ce que L'on Soit Sur de n'en
avoir point de Besoin.
La Cour et toute Lassemble ont Ete Daccord quil Seroit a
propos de prier Le Major William de Sinteresser pour pouvoir
avoir autant de monde quil Seroit possible d'avoir Des Cas. moy-
enant quil Se fournisse Les vivres et Les voiture necessaire pour
Se Joindre au Jens de ce village pour Lexpedicion vue que Cest
Le bien de tout Le pays et qua Cette Effest il Leur Sera Danne de
pareils ordres pour Etre pret a partir Sitot Les nouvelle de nos
Decouvreur recue.
Et pour Cette Effest il Sera donn^ Des ordres pour que toute
Les chauses necessaire pour Lexpedition Seront pret Dici a huit
Jour Sous peine De punition. — aux Cahos Le i6 aoust 1780.
f trotier. DuCharme presd
fr saucier Grefl&er
a une Cour du 25 aoust 1780.
President Ch. Ducharme ph. Jervais
J" Bte LaCroix Jp^ Lapage
fr. Courrier Prdsen
Demendeur Louis trotier Defendeur ant armant
Le Demendeur poursuit Le defendeur pour trois Cent Livres
de farine pour une paire de roux quil Luy a fait.
Le defendeur Dit quil Etoit Convenu de Luy donner ou
1 Very little is known of John Williams, except the very active part be took in the cam-
paigns in Illinois. — English, Conquest of the Northwest, Index. He was in command at
COURT RECORD, AUGUST, 1780 63
And for this purpose it was decided unanimously that each
inhabitant shall keep at his house provisions necessary for himself
and the soldiers, whom he shall have with him, for a fortnight,
so as to be ready to start at a minute's notice, when the reconnoitr-
ing party gives news of our enemies, since all desire to go to meet
the enemy rather than allow them to make the attack or even to
approach too near the village, in view of the loss to the country,
if they are allowed to reach it. Accordingly the whole assembly
hopes that by the unanimous succour of both bank they will be
be able by this means to thwart the plans of their enemies.
And in order not to be embarrassed by want of boats, it was
decided that all the boats in this village shall be secured and
guarded until it is certain that there is no need of them.
The Court and the whole assembly have agreed that it would be
expedient to ask Major Williams ^ to interest himself in obtaining
as large a force as possible from Kaskaskia, on condition that
they furnish themselves with the provisions and boats necessary
to join the people of the village on the expedition, since it is for
the good of the whole coilntry; and that for this purpose he
shall give them similar orders to be ready to set out as soon as
news from the reconnoitring party is received.
And for this purpose there shall be given orders so that every-
thing shall be ready within a week, underjpenalty of punishment .
At Cahokia, August 16, 1780.
F. Trottier. DuCharme, President.
F. Saucier, Clerk.
At a Court, August 25, 1780.
President, Ch. DuCharme. Phil. Gervais.
Jean Bte. LaCroix. Jos. Lepage.
Fr. Courier. Present. '
Louis Trottier, Plaintiff, vs. Ant. Harmand, Defendant.
The plaintiff sues the defendant for three hundred pounds of
flour due for a pair of wheels, which he had made for him.
Cahokia at this time, having superseded McCarty, after Colonel Montgomery returned from
the Rock river expedition. — McCarty's letter to Clark in this volume, p. 620 and also p. 543f
note 7,
64 ILLINOIS HISTORICAL COLLECTIONS
pelleterie ou farine mais que Ce trouvant Cour de farine il offre
Soixante Livres En pelleterie au demendeur pour Ses roux.
Le demendeur dit que Le defendeur Luy a offert de La pel-
leterie mais quil Luy avoit dit que Ce n'etoit point de La pel-
leterie quil Luy devoit que Cetoit de La farine.
M'" an* armant a produit La personne de George hait pour
temoins qui apr^s avoir prete Serment a dit quil Etoit present
Lorsque M^^ armant Et trottier ont fait marchd pour une p^ de
roux Et que M^ armant Luy a dit quil n'avoit point de farine
a Luy donner avant Les recolte mais quapres Les recolte il Luy
En donneroit ou Soixante Livres en pelleterie.
La Cour a decide que Les deux partie Setant offert a donner
Chaq'un Leur Serment, que le defendeur payeroit au demendeur
La moitie En farine Et Lautre moitie en pelleterie. Et payeroit
Chaq'un Leur part des fraix.
francois saucier a portd plainte Centre Ignace Chatignie pour
une insulte quil a fait a La Cour. ayant dit que tout Les majistrat
Etoit tous Des Bette.
Ignac chatignie ayant Paru a dit quil Etoit vray quil Lavoit
dit mais quil ne Croyoit pas que cela Seroit repetd.
La Cour a decider que pour Linsulte qui a Ete fait par led*
Ignace Chatignie a la Cour quelle Saddressera a M^ trotier
Command* au dit Lieu de Le faire mettre En prison huit Jour
et payera Cinquante Livres D'amende pour Leglise Et Les fraix.
La Cour Est ajourn^ a Jeudi 7 de Septembre.
f saucier Greffier DuCharme presd
a une Cour du 14^ Septembre 1780.
President Ch^® Ducharme clem* Langlois
jn gte Lacroix ph^^ Jervais
J^ Lepage ant. armant
fr. Courier present
ALEXIS Brison Demendeur AUG*, ange Defendeur
Le Demendeur poursuit Le Defendeur pour Luy avoir fait
reproche d'avoir Ete La Cause de La mort du nome Dubois,
1 Proof by oath was a survival from the primitive German law, and was modified by the
influence of the canon law during the Middle Ages. This method of reaching a decision was
resorted to only in case of lack of sufi&cient proof by witnesses. The procedure was not wath-
out formalities. It was decided by agreement between the parties which of the two should
COURT RECORD, SEPTEMBER, 1780 65
The defendant says that he had agreed to pay him either peltries
or flour, but finding himself short of flour offers sixty livres in
peltries to the plaintiff for his wheels.
The plaintiff says that the defendant offered peltries, but he
had said that it was not peltries that the latter owed, but flour.
M. Ant. Harmand produced the person of George Hait as
witness, who, after making oath, said that he was present when
MM. Harmand and Trottier made a bargain for a pair of wheels
and that M. Harmand told the plaintiff that he had no flour to
give before the harvest, but that after the harvest he would give
him flour or sixty livres in peltries.
The Court decided that, since each party offered to give the other
his oath,^ the defendant should pay the plaintiff half in flour and
half in peltries, and that each should pay his part of the costs.
Frangois Saucier brought complaint against Ignace Chatigny
for an insult which he had offered to the Court, having said that
all the magistrates were fools.
Ignace Chatigny appeared and said that it was true that he
had said it, but he had not thought it would be repeated.
The Court decided that on account of the insult, which had
been offered it by the said Ignace Chatigny, it will make appli-
cation to M. Trottier, commandant in said place, to have him
put in prison for a week; and that he shall pay fifty livres fine
to the church and the costs.
The Court adjourned to Thursday, September 7.
F. Saucier, Clerk. DuCharme, President.
At a Court, September 14, 1780.
President, Ch. DuCharme. Clem. Langlois.
Jean Bte. LaCroix. Phil. Gervais.
Jos. Lepage. Ant. Harmand.
Fr. Courier. Present.
Alexis Brisson, Plaintiff, vs. Aug. Angers, Defendant.
The plaintiff sues the defendant for having reproached him with
being the cause of the death of the named Dubois and prays
confirm his statement by oath. In the above case both parties appeared equally ready to make
oath, and so the judges made a compromise. The procedure is illustrated by other examples
in this volume. — Glasson, Hist, du droit et des institttiions de la Franct, vi., 563.
66 ILLINOIS HISTORICAL COLLECTIONS
Et demande a La Cour que Le Defendeur Luy prouve Se Dont
il Lacuse avoir fait.
Le defendeur Declare quil est Vray quil a dit au Demendeur
ayant Eu dificultd avec Luy Jusqua moment de ce fraper, quil
en avoit fait perir un Et quil ne Le feray pas perir Luy, et quil
est bien Vray quavant La dificulte que Le d* Dubois a Eu avec
Le Demendeur quil Se portoit Bien et que Depuis Ce tems il
Sest mis au Lit Et n'en est point releve et cela a la Connoissance
de tout Le monde.
pierre Gatient ayant paru a prete Sermant Sur Le S*. Evan-
gille de dieu tout puissant de dire La Veritte Et a dit que il vray
que Dubois Luy a dit que Brisson Luy avoit Donne une tape et
quil ne Lavoit Jamais frape avec Son fusil, et qu'en outre il n'
avoit jamais Envoyer chercher fr saucier pour Luy Dire tout ce
quil a depos^ a la Cour de Sa part.
fr. saucier a prete Serment Sur Le Saint Evangile de dieu tout
puissant Et a dit quil a Ete Envoye Cherche par m'" Lionay et
m'" Longval Et quayant ete ches Led* Dubois quil Luy auroit
Dit que M^ Brisson ayant Ete ches Luy et quil L'avoit frap^
Luy avoit Casse Son fusil et Luy a donne un Coup de pied dans
Le Cote et quil avoit crache Le Sang du Coup.
M^ Lionay ayant paru a prete Serment Sur Le S* Evangille
de dieu tout puissant et a dit quil a Ete envoye de La part de feu
dubois chercher m^ Saucier pour Luy Conter La dificultd quil
avoit Eu avec Brisson Et quil Luy a Dit que Brisson Lavoit
Battu et quil Croyoit quil n'en reviendray pas.
La Cour a decider que Suivant Les Deposition qui ont
Ete fait Contre Le Dit Demendeur quil Sera pris et arrete
et Mis En prison pour que Sous huit Jour il aye a donner
Des preuve plus grande du Contraire de ce dont il Est taxd.
faute de quoy il Sera fait une Semble de Jure pour Decider Son
affaire.
une Lettre adresse en Cour par M^ Ducharme Signe ch
Gratiot qui demende que La Cour ne termine aucune affaire
Contre Luy avant Son retour.
fr Saucier porteur D'un de Ses Billet a demender a la Cour
COURT RECORD, SEPTEMBER, 1780 67
the Court that the defendant prove that which he accuses him of
having done.
The defendant declares that it is true that he said to the
plaintiff, at a time when he had a quarrel with him up to the point
of coming to blows, that he had made one die and that he wasn't
going to make him. He further said that it is true that before
the quarrel, which the said Dubois had had with the plaintiff,
the former was in good health and that after that time he went
to bed and never got up again and every one knew that.
Pierre Gatient having appeared made oath on the Holy-
Gospels of Almighty God to tell the truth and said that it is true
that Dubois told him that Brisson had given him a rap and that
he had not struck him with his gun; and furthermore he had
never summoned Fr. Saucier to tell him what the latter had
deposed in the Court on his account.
Fr. Saucier made oath on the Holy Gospels of Almighty God
and said that he had been summoned by M. Lionet and M.
Lonval and that, when he was at the house of the said Dubois,
the latter told him that M. Brisson had been at his house and had
struck him, had broken his gun on him and given him a kick in
the side and that he had spit blood on account of the blow.
M. Lionet having appeared made oath on the Holy Gospels
of Almighty God and said that he was sent by the late Dubois
to summon M. Saucier so that he might tell him about the quarrel,
which he had had with Brisson ; and that he told M. Saucier that
Brisson had beaten him and he feared that he would not recover.
The Court decided that, on account of the depositions which
have been made against the said plantiff, he shall be appre-
hended, arrested and put in prison in order that within a week
he should give greater proofs to the contrary of that with which
he has been accused, in default of which there shall be held a
meeting of jurors to decide his case.
A letter presented to the Court by M. DuCharme and signed
by Ch. Qratiot who requests the Court not to terminate any cause
against him before his return.
Fr. Saucier bearer of one of his notes prayed the Court for a
68 ILLINOIS HISTORICAL COLLECTIONS
une Saisi provisionaire Sur tous Les Bien dud* Sieur Gratiot.
Si il nest pas de retour dans Dix Jour de Cette datte.
La Cour a accorde a fr. Saucier appres Les dix Jour Expire
La saisie provisionaire Suivant sa Demande.
La Cour Est ajourne a Jeudi 21 du cou^*.
fr saucier Greffie. DuCharme presd.
a une Cour tenue Le 21 Septembre 1780.
president. Ch^^ Ducharme fr. Courier
J^ B*^ Lacroix Clet Langlois
ant. armant present
Demendeur S^ ortis Defendeur S^ Henson
Le demendeur poursuit Le deffendeur pour Des avances
quil Luy a fait Suivant Ses obligation et Billet.
Le Deffendre repond par une Lettre adresse a la Cour que
vue La Situation du terns il Demande pour dellay de Suspendre
L'execution Jusqua Noel prochain au defaut de quoy il Sofre a
Sexe cuter Luy meme a Ce tems pour tout Dellay.
II a Ete Decide et accorde par La Cour que M'' Henson
Donnera un bon et Suiissant Cotion a M^ ortis pour Ce quil
Luy doit et aura un terme dici a Noel prochain pour tous Dellay
a payer ce quil Luy doit Et a payer Les fraix Montant a douze
Livres Dix Sols.
Demendeur ant armant Deffendeur Joseph relle
Le Demendeur pousuit Le Deffendeur pour un Billet Con-
senti par Luy, a L'ordre de Baptiste Bellan et Dont il Est Charge
etant passe a Son ordre.
Le deffendeur produit un Billet par Lequelle Led* bellan prie
M^ Sanfafon de remettre a Joseph relle Le Billet Dont il etoit
Chargd.
La Cour ne pouvant pas Condanner Led* Joseph relle a
payer Led* Billet a Condanner Le demendeur a rendre au De-
fendeur Son Billet montant a la Somme de Soixante Livres en
pelleterie, et a garder Le billet que bellant Luy ecrit pour avoir
Son recours Sur Luy Comme Le dit billet Etoit passe a Son
ordre et Le Demandeur a payer Douze Livres Dix Sols pour
fraix.
COURT RECORD, SEPTEMBER, 1780 69
provisional attachment on all the goods of the said M. Gratiot,
if he has not returned within ten days from this date.
The Court granted Fr. Saucier the provisional attachment
after the expiration of ten days, in accordance with his prayer.
The Court adjourned to Thursday, the 2 ist of the current month.
Fr. Saucier, Clerk. DuCharme, President.
At a Court held September 21, 1780.
President, Ch. DuCharme. Fr. Courier.
Jean Bte. LaCroix. Clem. Langlois.
Ant. Harmand. Present.
M. Ortis, Plaintiff, vs. M. Henson, Defendant.
The plaintiff sues the defendant for advances, which he
made him, according to his obligation and note.
The defendant answers by a letter addressed to the Court that
in view of the conditions of the times he prays for a stay of execu-
tion till next Christmas and in default of payment at that time
he offers to sell his property himself without further delay.
It was decided and granted by the Court that M. Henson shall
give good and sufficient surety to M. Ortis for what he owes him
and he shall have the term till Christmas and no longer in which
to pay what he owes; and he is to pay the costs amounting to
twelve livres ten sols.
Ant. Harmand, Plaintiff, vs. Joseph Relle, Defendant.
The Plaintiff sues the defendant on a note made by him to the
order of Baptiste Bellan and with which the plaintiff is charged,
as it has been assigned to his order.
The defendant produces a letter in which the said Bellan
begs M. Sansfajon to return to Joseph Relle the note with which
he was charged.
The Court, not being able to condemn the said Joseph Relle
to pay the said note, condemned the plaintiff to return to the
defendant his note, which amounts to the sum of sixty livres in
peltries, and to keep the letter which Bellan wrote him in order
to have recourse against the same, since the said note was assigned
to his order. The Court condemned the plaintiff to pay twelve
livres ten sols for costs.
70 ILLINOIS HISTORICAL COLLECTIONS.
Demendeur M'^ levasseur Deffendeur prenouvaux
Le demendeur poursuit Le deffendeur pour un Difficulte
Entre Eux a Legar d'un Echange D'un Canon de fusil quil
Changoit avec Le deffendeur moyenant Cinq Livres En pelleterie
de retour pour Le Canon et quinze Livres pour Le remonter,
mais Comme Le deffendeur Se refuse a Luy remettre Les Cinq
Livres quil Etoit Convenu pour L' echange il Luy a rendu Son
canon de fusil et demende que Le deffendeur Luy paye La
monture quil avoit fait a Son fusil ne pouvant pas Servire a
I'autre.
Le deffendeur dit quil Etoit Convenu de donner au, demendeur
une Ecus de retour Seulement.
Les deux partie Setant offert Lun et Lautre de preter Serment,
et nayant aucun temoin La Cour Les a renvoye a payer La
moitie chac'un Des fraix. et Le Demendeur a perdre La moitie
de Ce quil demande pour La monture du fusil.
La Cour Est ajourne Jeudy 5 8^^^.
DuCharme presd*
La Cour Etant Encore assemble, et a pris Le Serment des
Douze Jurd qui ont Ete nome Comme il a Ete accorde a une
Cour^ du 14^ du present pour Juger Laffaire Entre Brison et
ange et ont a Linstant demende que Les declaration fait a ce
Sujet Leur Soit Lue Ce quau meme moment a Ete fait et ont
appres Le tout Bien Examiner; que par La Declaration faitte
Sous Serment par pierre Gatien qui prouve Le Contraire de La
Denonciation de dubois Luy meme Et faitte a D'autre pareille-
ment^ et nayant aucune preuve du Contraire nous Soussigne
Jure En vertu de Lordre qui nous a Ete Donne par La Cour de
Decider Laffaire de Brisson et D'enge nous n'avons trouve auqu'ne
preuve Suffisante pour Condanner Led^ Brisson a auqu'ne
Chose que se Soit Et que La Cour Condannera qui elle Jugera
a propos aux frais Depends &c. aux Cahos Le 21^® 7 bre
1780.
1 The clause "£< faitte a D' attire pareillement" was not originally written by the clerk
that way. The "S" is an insertion and a.iter '' pareillement" a contraire was inserted and then
crossed out.
2 As far as is known, this was the first jury trial in lUinois or the Northwest, certainly the
first recorded one. The system of trial by jury was not introduced by the British government,
COURT RECORD, SEPTEMBER, 1780 71
M. Levasseur, plaintiff, vs. Prenouvaux, Defendant.
The plaintiff sues the defendant on account of a difficulty
between them in regard to an exchange of a gun barrel, which he
changed with the defendant in consideration of five livres in
peltries to boot for the barrel and fifteen livres for making a stock
for it; but since the defendant refused to pay him the .five livres
to which he agreed for the exchange, he had returned his gun
barrel and demands that the defendant pay him for the stock,
which he had made for the barrel, because he is not able to use it
on another.
The defendant says that he agreed to give the plaintiff only one
ecu to boot.
Since both parties offered to take oath and they had no wit-
nesses, the Court dismissed themj ordering each to pay half the
costs and the plaintiff to lose half of what he demands for the gun
stock.
The Court adjourned to Thursday, October 5.
DuCharme, Pres.
The Court being still assembled received the oath of the twelve
jurors, who were named in accordance with the order of the
Court of the 14th of the present month, to judge the case between
Brisson and Angers. And they now demanded that the declara-
tions, which were made, be read to them, and this was immediately
done. After a careful examination they decided that the affi-
davit of Pierre Gatient made under oath proves the contrary of
the accusation of Dubois himself which was made to others also ; ^
and since there is no other proof to the contrary, they return this
verdict: "We the undersigned jurors, in virtue of the order
given us by the Court to decide the cause of Brisson and Angers,
have not found any proof sufficient to condemn the said Brisson
on any count whatsoever; and recommend that the Court con-
demn whomever it judges proper to pay the costs etc." ^
At Cahokia, September 21, 1780.
as has been frequently said. — Kas Rec, Edict of Colonel Wilkins. In this edict Wilkins gave
the court of judicature, established by him in 1768, jurisdiction in criminal matters, but he
said that the people were not sufficiently familiar with English law to permit trials by jury. The
use of trial by jury in the courts of the county of Illinois was due to the influence of the Vir-
ginians.— Introducticm, p. Ixiii.
72
ILLINOIS HISTORICAL COLLECTIONS.
[Signed.]
Sa
Chie + Butau
marque
sa
B*^ + Lussier
marque
sa
fr + prenouvaux.
marque
sa
B*« + Baron
marque
2i^e_ ybre jy3o.
Sa
Ch Pierre + Gramon
marque
sa
G. Blin rapi + Gagn^
marque
sa
B. Saucier f. + cretien
marque
sa
Louis + chatel
marque
La Cour Setant rassembld pour Examiner
L'opinion Des Jur^ Si Dessu nom^ president Ch^® Ducharme,
J° B*^ Lacroix Clement Lenglois, ant. armant, tous quatre
present Et ont Condann^ et Condanne Le S'' augustin angd aux
fraix qui auront Ete fait, &c nayant pas produit Sufisante preuve
Contre L'ataque quil a fait a alexis Brisson.
f saucier Greffier.
a une Cour du 15 8bre 1780.
president Ch^® Ducharme clement Lenglois
B*® Lacroix philipe Jervais
pres*
a La demende de plusieurs personne de ce Village pour avoir
Des permis pour aller ou Leurs petite affaires Les appellent, La
Cour Sest assemble pour Ce Sujete et a decidd quil Sera donn^
Des permis a quelque personne d'une reputation et Caractere
reconnu et quil Sera Defendu tres Expressement a qui que Se Soit
D'importer avec eux aucune Boison anivrente Et Donneront
Cotion qui repondera de toute malversation de Leur par.
pierre Gatien ayant prete Serment Sur LeS Evangille de rien
faire ni faire auqu'ne Chose Contraire aux Etat Et a Donn^ La
personne de m^ fr trotier pour Cotion il Luy a Et^ accord^
un permis pour aller Dans Le mississipy ou Ses affaires La-
pellent.
La Cour Est ajourn^ Jeudy 19, 8^^^.
fr saucier Gref DuCharme prd.
COURT RECORD, OCTOBER, 1780
73
[Signed.]
his
Charles + Buteau.
mark
CH.
his
Pierre + Grandmont.
mark
his
Bte. + Lussier.
mark
G. Blin.
his
Raph. + Gagn^.
mark
his
Fr. + Prenouvau.
mark
B. Saucier.
his
F. + Chretien,
mark
his
Bte. + Baron,
mark
his
Louis + Chatel.
mark
September 21, 1780, The Court reassembled to examine the
opinion of the jurors above named, President Charles DuCharme,
Jean Bte. Lacroix, Clement Langlois, Ant. Harmand all four
being present; and has condemned and does condemn M. Augustin
Angers to pay the costs of the trial, since he has not proved his
accusation against Alexis Brisson.
F. Saucier, Clerk.
At a Court, October 15, 1780.
President, Ch. DuCharme. Clement Langlois.
Bte LaCroix Philip Gervais.
Present.
On the petition of several persons of this village for permission
to go where their private business calls them, the Court assembled
to consider this subject, and decided that permission shall be given
to some persons of recognized reputation and character, and that
it shall be very expressly forbidden everybody to import with them
any intoxicating liquor, and that those to whom permission to go
is given shall present bondsmen who will be responsible for all
misdemeanors on their part.
Pierre Gatient made oath on the Holy Gospel to do nothing and
to cause nothing contrary to the interests of the State and presented
the person of M. Fr. Trottier for bondsman. He was granted
permission to go on the Mississippi, where his business calls him.
The Court adjourned to Thursday, October 19.
F. Saucier, Clerk. DuCharme, Pres.
74 ILLINOIS HISTORICAL COLLECTIONS.
26 S^'"^
President J^ Lepage ant. armant
J° B*^ Lacroix ph^^ Jervais
clem* Langlois Present
Pierre Dorion Demendeur Ch^^ Ducharme Deffendeur
Le demendeur poursuit Le defendeur pour avoir Cotion^
pour Le nome Joseph Deloge a qui il a Gagne quartre Cent
Livre au Jeu de Carte et dit navoir Joue avec Luy que Sur Les
assurance de Son argent que que [sic] Le deffendeur Luy donnoit
par Son Cotionnement.
Le deffendeur declare avoir Servie de Cotion a Joseph Deloge
pour Jusqu'a La Somme de quatre Cent Livres, Mais que Le
d* Deloge Luy a dit quil ne Les avoit point perdu.
La Cour a renvoye Le present proves pour Etre Decide a La
Cour prochaine Et Estre Led* Deloge pourcuit par Le Demen-
deur avant que d'attaque Le Cotion Deffendeur.
B*® Saucier Demendeur Jo^ Asselin Deffendeur
Le demendeur poursuit Le deffendeur, pour nayant pas pu un
Jour aller Livrer de la chau d'un fournau quils avoient fait En
Commun Sans auqu'un marche ni Convention que Sur Leur
parole, que Le Deffendeur Luy fait paye un Compte de travau
quil a fait faire au fournau apres Etre Cui Sans Le prevenir de
Louvrage quil alloit y faire faire.
Le Deffendeur declare avoir Ete une fois dire au demendeur
d' aller Livrer de La chau ne pouvant pas cy aller Luy meme.
Le Demendeur repette quil a dit au deffendeur Cette Journe
La que Le fournau periray plutant que de quitter Louvrage quil
avoit, Et quil pouvoit prendre un homme Et L'envoyer a Sa
place Et Lui Le payeroit.
La Cour a Condanner Le deffendeur a Livrer au Demendeur
La moitie du fournau Et a payer tous Deux Les fraix qui ont
Ete fait pour La Conservation de Leur fournau Et payeront
Egalement La fraix De Justice.
La Cour Est adjourne Jeudy 2^^ de Qbre.
fr saucier Grefffer Jh lepage presidan
1 The popular gambling game among the French at this time was Vingt-et-un.
COURT RECORD, OCTOBER, 1780 75
October 26.
President J. Lepage. Ant. Harmand.
Jean Bte LaCroix. Phil. Gervais
Clement Langlois. Present-
Pierre Dorion, Plaintiff, vs. Ch. DuCharme, Defendant-.
The plaintiff sues the defendant for having given bond for the
named Joseph Desloges, from whom the plaintiff won four hundred
livres at cards^ He says that he played with Desloges only because
of the assurance of his money which the defendant gave by his
surety.
The defendant declares that he acted as bondsman to Joseph
Desloges up to the sum of four hundred livres, but says that the
said Desloges told him that he had not lost that amount.
The Court continued the present suit to be decided at the next
Court and ordered that the said Desloges be sued by the plaintiff
before suit is brought on the surety of the defendant.
Bte. Saucier Plaintiff, vs. Jos, Asselin, Defendant.
The plaintiff sues the defendant because he was not able to
go one day and draw off the lime from a kiln which they had made
together without any contract or agreement except their word;
and he says that the defendant made him pay a bill for work,
which he had ordered done on the kiln after it was fired, without
informing the plaintiff of the work he intended to have done on it.
The defendant declares that he went one time to tell the
plaintiff to go and draw off the lime, since he was not able to go
himself.
The plaintiff repeats that he told the defendant that day that
the kiln might go to ruin before he would leave the work he was
doing; and that he could get a man to send in his place and
that he would pay him.
The Court condemned the defendant to give the plaintiff half
the kiln, and both to pay the expenses which had been made for
the preservation of the kiln, and to pay equally the costs of justice.
The Court adjourned to Thursday, November 2.
F. Saucier, Clerk. Jos. Lepage, President.
76 ILLINOIS HISTORICAL COLLECTIONS.
a une Cour du i6 pbre
President Jos^ Lepage ant. armant
Ch^® Ducharme fr. Courrid
p B*® Lacroix Present
Demendeur Pierre martin Defendeur Ch'"® Lacroix
Le Demendeur poursuit Le Deffendeur pour un pour^eau quil
a pris Dans La prarie Du pon Et quil a renferme Ches Luy, Et
Demande quil Luy Soit rendu. .
Le demendeur dit Encore que M'^ pierre roy a dit au deffend-
eur Lorsquil a pris et amener Led* pourjeau Ches Luy quil ne
Luy appartenoit pas quil Etoit au demendeur a quoy Led* def-
fendeur a repondu que Celuy quil Le reclameroit Le Viendroit
Cherche.
Le Deffendeur Dit quil Croyoit Bien Le d* pj^urpeau a Luy
Lorsquil a pris Et que Si Le Demendeur Donne Des preuve quil
Soit a Luy quil Consent a Luy rendre.
Le Demendeur a produit Deux temoins qui ont fait La Visite
au dit pour^eau pierre roy et Louis Chatelle ont prete Serment
Sur Le Saint Evangile de dieu tout puissant de repondre au ques-
tion qu on Leur feroit, et ont Dit qu'apres avoir Visite Le pour-
feau quils ont reconue que La marque Etoit Celle du demendeur
quoiquil paroit quil aye Ete un peu Deguis^ Soit par la gele ou
par quelque Branche mais que malgre cela que Leurs opinion
Est quil Croye que cest La marque du demendeur.
La Cour a D'un plain accorde Condanne Le deffendeur a
rendre au demendeur un pareille Cochon Comme Etoit Celuy
quil Lui a pris Sujet a Etre visite par Celuy quil L'a vue Lors-
quil a Ete prie Et a payer Les fraix.
Jean B*^ Lacroix Demande a la Cour quil Luy Soit permis
de faire vendre quelques Effest appartenant au Sieur Sills, pour
une Somme de quatrevingt et quelque Livres quil Luy doit.
La Cour a permis a Mons^ Lacroix La vente Des dits Effest
dud* Sills dimanche prochain.
La Cour Est ajourn^ Jeudy 7 x^^®
f saucier Greffier Jh lepage pre
COURT RECORD, NOVEMBER, 1780 77
At a Court, November 16.
President, Jos. Lepage. Ant. Harmand.
Ch. DuCharme. Fr. Courier.
Jean Bte. LaCroix. Present.
Pierre Martin, Plaintiff, vs. Ch. LaCroix, Defendant.
The plaintiff sues the defendant for a pig, which he had taken
in the Prairie du Pont and shut up at his house and demands that
it be returned to him.
The plaintiff further says that M. Pierre Roy told the defend-
ant at the time he captured and carried the pig away to his
house that it didn't belong to him but to the plaintiff, to
which the defendant answered that he who claimed it might
come to fetch it.
The defendant says that he really believed the said pig his,
when he took it; but if the plaintiff gives proof that it belongs
to him, he would consent to return it.
The plaintiff produced two witnesses, who have inspected the
said pig. Pierre Roy and Louis Chatel made oath on the Holy
Gospels of Almighty God to answer the question which was put
to them; and said that, after examining the pig, they recognized
that the brand was that of the plaintiff, although it appeared to
have been somewhat disguised either by frost or some branch,
but that in spite of that their opinion is that it is the brand of the
plaintiff.
The Court unanimously condemned the defendant to return
to the plaintiff a pig similar to the one he had taken, subject to
inspection by him, who saw the pig when it was taken, and to
pay the costs.
Jean Bte. LaCroix prays the Court to be permitted to have
sold some goods belonging to M. Sills for a sum of eighty odd
livres which the latter owes him.
The Court permitted M. LaCroix to hold the sale of the said
goods of the said Sills Sunday next.
The Court adjourned to Thursday, December 7.
F. Saucier, Clerk. Jos. Lepage, Pres.
78 ILLINOIS HISTORICAL COLLECTIONS.
a une Cour du 23 9^^® 1780
President Jo Lepage Clem Langlois
Ch. Ducharme philipe Jervais
ant armant J" B*^ Lacroix
pres'^
un Compte presente En Cour par J^ B*^ Lacroix de Joseph
matelot Due a B*^ Lamarche Et Demande que Le cheval dud*
matelot Soit vendu pour payer une Somme de Cent Vingt Deux
Livre que Led* Lamarche Luy doit Et a renbourser Le Surplus
Si il Est Vendu plus.
La Cour a accorde a J" B*® Lacroix La vente du Cheval pour
payer Le Compte de J^ B*^ Lamarche et autre Si il Sen trouve
apres toute fois que J^ B*^ Lacroix aura tire Soixante Et dix
Livres En pelleterie quil a paye a Pierre S* martin pour avoir
amene Led* cheval et quarante Livres au meme pour Led*
Lamarche.
un autre Compte presente par J" B*® Lacroix de Samuel
Silles Montant a la Somme de soixante Et dix huit Livres.
Et a produit aussi La vente de Ses Effest montant a la Somme
de Cent dix livres dix sols. La Cour a acorde a J" B*® Lacroix
soixante Et dix huit Livres En pelleterie, Et Le [sic] que Le reste
Sera Depose Entre Les main du Cherif pour payer Les fraix et
autre Creancier Si il Sen trouve.
La Cour Est ajourne a Jeudy 7 X^^^
a une Cour 19 X^^^ 1780.
President Joseph Lapage ant armant
J^ B*® Lacroix philipe Jervais
pres*
Demendeur fr. trotier Defendeur pierre martin
Le Demendeur poursuit Le Deffendeur pour un Cheval quil
Luy a Change pour un Boeuf Et que Le Deffendeur refuse de
Luy donner.
Le deffendeur repond que Le demendeur Luy avoit promis
de Luy donner un bon Boeuf tel quil Luy avoit demender pour
apareillie un Des Sien.
COURT RECORD, NOVEMBER, 1780 79
At a Court November 23, 1780.
President Jos. Lepage. Clem. Langlois.
Ch. DuCharme. Philippe Gervais.
Ant. Harmand. Jean Bte. LaCroix.
Present.
Jean Bte. Lacroix presents in Court an account of Joseph
Matelot due to Bte. Lamarche and demands that Matelot's horse
be sold to pay a sum of one hundred and twenty-two livres, which
the said Lamarche owes him and that the surplus, if it sells for
more, be returned.
The Court granted to Jean Bte. Lacroix the sale of the horse
to pay the account of Jean Bte. Lamarche and another if there
is any, but only after Jean Bte. LaCroix shall have deducted
seventy livres in peltries, which he paid to Pierre St. Martin for
having brought the said horse, and forty livres to the same for the
said Lamarche.^
Jean Bte. LaCroix presented another account of Samuel Sills
amounting to the sum of seventy-eight livres and presented also
the statement of the sale of his goods amounting to the sum of
one hundred and ten livres ten sols.
The Court granted to Jean Bte. LaCroix seventy-eight livres in
peltries, and ordered that the balance be deposited in the hands
of the sheriff for the payment of expenses and other creditors, if
there are any.
The Court adjourned to Thursday, December 7.
At a Court December 19, 1780.
Presidents Joseph Lepage. Ant. Harmand.
Jean Bte. LaCroix. Philippe Gervais.
Present. .
Fr. Trottier, Plaintiff, vs. Pierre Martin Defendant
The plaintiff sues the defendant for a horse, which he ex-
changed with him for an ox and which the defendant refuses to
give him.
The defendant answers that the plaintiff promised to give him
a good ox, such as he had demanded, to match one of his own.
* Thus sparing Matelot these expenses.
8o ILLINOIS HISTORICAL COLLECTIONS
Vue Les Difficult^ des partis La Cour a demend^ Des preuve
par temoin de Leur Echang^.
pierre roy ayant pretd Serment a dit que martin a dit a M'^
trotier que Son Boeuf navoit jamais tire Et que M^ trotier Luy a
dit quil gageroit Le Boeuf quil av[oit] tirrd.
appres avoir Entendu Les parties reciproquement La Cour,
a Condannd Le deffendeur a tenir Lechange avec Le demendeur.
Et quand a Leur gajur EUe a Et^ renvoy^ Sans auq'une Condan-
nation, Et quand au fraix de Justice il Sont Condann^ a En
payer Chaqu'n La moitie.
La Cour Est ajourn^ Jeudy 21 xbre.
fr saucier Greffier Jh lepage presidan.
a une Cour du 18^® Jenvier 1781.
president J^ Lepage J" B*® Lacroix
ant armant Ch^® Ducharme
present
Demendeur B*® Bargeon Deffendeur alexis tabaut
Le demendeur poursuit Le Deffendeur au Sujet d'une acte
de Donnation de toutes Ses biens moyenant que Le Deffendeur
ne manque pas a aucune chause Dont il Etoit oblige par Lad**®
Donnation Et quau Contraire quil est Sorti de Ches Luy Sans
Seulement L'en avertir ni San Savoir pourquoy Et demande que
Le Deffendeur Luy paye un Dedomagement, ou que La Dona-
tion aye tourjour Lieu.
Le Deffendeur repond par requette quil Est Sorti de La
maison du Demendeur pour Eviter a lavenir accident facheux
Vue que Led* Demendeur a fait Son possible pour pousser Son
Exes de Libertinage et de subornation envers La femme Du
deffendeur et demende La Cassation de La ditte Donation Et quil
Luy Soit Livre de Sortir de la maison dud* Demendeur avec Ses
effest Et Le Condanner a payer Sa pention et Blanchichage
depuis quil Est a Ses sarge
La Cour a accorde au Sieur tabau suivant sa demande La
Cassation de Lad**® Donnation Et a ordonne au S'" Bergeron de
1 This Icind of donation was very common. The donor conveyed by deed of gift all his
property to the donee in return for board, lodging, etc., for life. Ferriere, CoiUume de Paris,
COURT RECORD, JANUARY, 1781 81
In view of the difficulty between the parties the Court demanded
proofs by witnesses of their exchange.
Pierre Roy took oath and said that Martin told M. Trottier
that his ox had never drawn and that M. Trottier answered that
he would warrant the ox that it had drawn.
After having heard both parties, the Court condemned the
defendant to hold to the exchange with the plaintiff and as to
their pledge [?] it has been dismissed without any condemna-
tion, and as to the costs of justice they are each condemned to
pay half.
The Court adjourned to Thursday, December 21.
F. Saucier, Clerk. Jos. Lepage, President.
At a Court, January 18, 1781.
President, Jos. Lepage. Jean Bte. LaCroix.
Ant. Harmand. Ch. DuCharme.
Bte. Bergeron, Plaintiff, vs. Alexis Tabeau, Defendant.
The plaintiff sues the defendant in regard to an act of donation
of all his goods made on condition that the defendant should fail in
nothing, to which he was bound by the said donation.^ Con-
trary to the agreement the defendant has left the plaintiff's house
without giving notice and without the plaintiff's knowledge of
the cause. He now demands that the defendant pay him a com-
pensation or that the donation continue in force.
The defendant answers by petition alleging that he left the
plaintiff's house to avoid any future disagreeable accidents, because
the plaintiff tried his hardest to extend his excessive licentiousness
and subornation to the defendant's wife; and he demands
the annulment of the said donation and that he be free to go forth
from the plaintiff's house with his property and that the plaintiff
be condemned to pay his board, lodging and washing, since he is
bound to support him.
The Court granted M. Tabeau, in accordance with his prayer,
the annulment of the said donation and ordered M. Bergeron to
return to the said Tabeau whatever he might have belonging to
iii., 1017 et seq.; Alvord, Illinois in the Eighteenth Century, Bulletin of 111. State Hist. Lib.
vol. i., No I
82 ILLINOIS HISTORICAL COLLECTIONS
remettre aud^ tabau ce qui peut avoir a luy appartenant Ches
Luy et a payer trois mois de pention aud* tabau et Blanchissage
a raison de trente Cinq Livres par mois et a payer Les fraix de
Justice Le tout Contant.
B*^ Bargeon Demendeur Michel Chartier Deffendeur
Le demendeur poursuit Le deffendeur pour Le Loyer d'un
terrin quil a occupe pour faire du tabac moyenant quinze Livres
de tabac que Le deffendeur devoit remettre au Demendeur: et
quil refuse de faire aujourdhuy.
Le deffendeur repond quayant Louer Le terrin Du Demend-
eur et y ayant mis du tabac, que quel que tems apres Le demend-
eur a pris un homme ches Luy et que Son Cheval Luy a fait un
tor Considerable Et que L'ayand [sic] d* au demendeur il Luy
auroit repondu qu'un cheval ne mange pas de tabac Le deffend-
eur dit que le demandeur ne devoit pas permettre a qui que se
soit De mettre aucun animal dans un terrin des quil Le Loue.
Le demendeur repond qu'il a permis de mettre Le cheval de
I'homme quil avoit ches Luy dans Le terrin Mais quil Luy avoit
Deffendu de Le Lesser Livre.
La Cour a Condanner Le demendeur a payer Les fraix de
Justice et a perdre Les quinze livres de tabac que le deffendeur
Devoit Lui Livrer.
La Cour Est ajourne a Jeudy i^^ fevrier
Jh lepage presidan
a une Cour du i fevrier 1781
President Joseph Lapage ant. armant
Ch Ducharme philipe Jervais
jn gte Lacroix fr. Courrie
present
J" B*^ Lacroix Demendeur Lefevre Deffendeur
Le demendeur poursuit Le Deffendeur pour une somme de
trente trois Livres En pelleterie que le nome Jan marie trotie Luy
devoit Luy ayant repondu de Luy payer Comme ayant Ches
Luy un peu de mays a luy appartenant.
Joseph Bissonette ayant parru a prete serment et a dit quil Etoit
temoins Lorsque m^ Lefevre a promis de payer a m^ Lacroix
COURT RECORD, FEBRUARY, 1781 83
the latter at his house and to pay three months' board, lodging and
washing for the said Tabeau at the rate of thirty-five livres a month,
and to pay the costs of justice, all in money.
Bte. Bergeron, Plaintiff, vs. Michel Chartier, Defendant.
The plaintiff sues the defendant for the rent for land, which
he occupied for the cultivation of tobacco. The rent, which the
defendant was to pay the plaintiff, was fifteen pounds of tobacco,
which he refuses to pay to-day.
The defendant answers that some time after he had rented
the land of the plaintiff and had set out his tobacco, the plaintiff
brought into his own house a man, whose horse had done the plants
considerable damage; and when he told the plaintiff about it, the
latter had answered that a horse did not eat tobacco. The defend-
ant says that the plaintiff ought not to permit any one to put an
animal in a field after he rents it.
The plaintiff answers that he permitted the man, who was at
his house, to put his horse in the field; but that he had forbidden
him to let it loose.
The Court condemned the plaintiff to pay the costs of justice
and to lose the fifteen pounds of tobacco, which the defendant
was to pay.
The Court adjourned to Thursday, February i.
Jos. Lepage, President.
At a Court, February i, 1781.
President, Joseph Lepage. Ant. Harmand.
Ch. DuCharme. Philippe Gervais. .
Jean Bte. LaCroix. Fr. Courier
Present.
Jean Bte. LaCroix, Plaintiff, vs. Lefevre, Defendant.
The plaintiff sues the defendant for a sum of thirty-three livres
in peltries, which the named Jean Marie Trottier owed him, and
for the payment of which the defendant was responsible, since
he had at his house some corn belonging to the said Trottier.
Joseph Bissonette appeared and made oath. He said that he
was a witness, when M. Lefevre promised to pay M. LaCroix
84 ILLINOIS HISTORICAL COLLECTIONS
trente trois Livres en pelleterie que J" marie trotier Luy devoit Ce
a quoi M'" Lefevre a consenti, moyenant que Le mays quil avoit
ches Luy aud^ trotier Luy resteroit.
La Cour a Condann^ Le Sieur Lefevre a payer au Sieur
Lacroix trente trois Livres en pelleterie Comme il paroit quil a
repondu de Le faire par Le t^monis qui a pret^ Serment et a gar-
der Le mays qui pent Luy rester apartenant aud* feu trotier et a
payer Les fraix.
La Cour Est ajoumd au 8 du Cour*
f. saucier gr Jh Lepage P
A une Cour du 8 mars 1781.
President. Ch. Ducharme Clement Langlois
J^ Lepage Present
Demendeur J° B*^ Lacroix
Le Demendeur prdsente En cour un Billet de feu Jean B*^
amellin de La somme de Cinq Cent une Livre qui Lui est Due, Et
Demende quil Soit fait une vante Des Effest Dud* feu amellin
pour Satisfaire a Se quil Luy Est Du.
La Cour a accord^ quil Soit fait une vente par Encan public
des Effest dud* feu amellin pour Satisfaire a Ses D^ptes, aux
illinois Et par privilege a Ce qui pent Etre Due au Demandeur
pour pension et fourniture quil Luy a fait Et que Lad**^ Vente
Soit faitte Dimanche 11 Du present, Et ont a Cette Effest Ellu
La personne de M^ J^ B*^ Lacroix pour Gerer et regler Les
Compte Dud* feu amelin, Et Lobligeon de De [sic] rendre Compte
de Lad*® Succesion Lorsquil En Sera requis.
fr. saucier DuCharme pr^sd.
a une Cour du 29 mars 1781.
President, Jos^ Lepage ant Armant
Charle Ducharme J° B*® Lacroix
Pres
M Laurant Duroch^ presente a la Cour un Billet de huit
Cent Soixante Et Douze Livres en pellterie a L'ordre de M^
1 Hamelin was undoubtedly the J. Bte. Hamelin who led the expedition against St. Joseph
in the fall of 1780. — Introduction, p. xcii.
COURT RECORD, MARCH, 1781 85
thirty-three livres in peltries which Jean Marie Trottier owed the
latter, provided the corn at his house, belonging to the said
Trottier, remained his.
The Court condemned M. Lefevre to pay M. LaCroix thirty-
three livres in peltries, which he had become responsible for doing,
as appears from the testimony of the witness, who has made
oath; and to keep the corn, belonging to the late Trottier, which
might be left and to pay the costs.
The Court adjourned to the 8th of the present month.
F. Saucier, Jos. Lepage, President.
At a Court, March 8, 1781.
President. Ch. DuCharme. Clement Langlois.
Jos. Lepage. Present.
Jean Bte. LaCroix, PlamtifiF.
The plain tifif presents in Court a note of the late Jean Bte,
Hamelin for the sum of five hundred and one livres, which is
due him; and prays that there be made a sale of the goods of
the said late Hamelin to satisfy what is due him.^
The Court granted that there be held a sale by public auction
of the goods of the late Hamelin to satisfy his debts in Illinois,
and by preference what may be due the plaintiff for board and
lodging, and supplies which he has furnished him, and decreed
that the said sale be made Sunday, the nth of the present month.
For this purpose they have elected M. Jean Bte. Lacroix to
carry out the sale and to settle the accounts of the said late
Hamelin; and we bind him to render account of the said
estate, when it shall be required.
Fr. Saucier. Ducharme, President.
At a Court, March 29, 1781.
President, Jos. Lepage. Ant. Harmand.
Charles Ducharme Jean Bte. LaCroix.
Present.
M. Laurent Durocher^ presents in Court a note for eight
hundred and seventy-two livres in peltries drawn to the order
of M. Cerr^ and owed by the late Jean Bte. Hamelin, and
2 Laurent du Rocher was a merchant in St. Louis.
86 ILLINOIS HISTORICAL COLLECTIONS.
Cerr^ Due Par feu Jean B^® amellin Et demande que Led* Billet
Luy Soit Payd par La Succession dud* feu amellin.
La Cour a accorde au Demendeur quil Luy soit remis par
J^ B*^ Lacroix Le reste de ce que pouroit se trouver Due a feu
jn gte amellin apres lavoir^ et paye que cera Endoce Sur Son billet
comme il a Et^ accorde par La Cour.
ant. armant presente a la Cour un Billet de Cent Cinquante
Livres en pelleterie qui Luy son due par Jaques Vasseur, et
Demande quil Luy Soit.permis de faire Vendre Ses Effest pour
Satisfaire a Son d* Billet.
La Cour accorde quil Soit fait une vente par Encan Public pour
Satisfaire a Ses Deptes au Illinois. Et que Le reste Si il y a Soit
remis Entre Les mains du Cherif , pour Etre remis a qui il appar-
tiendra.
fr saucier Greffier Jh lepage pr^sidan
a une Cour du 19 avril 1781.
President Ch Ducharme Clem* Langlois
ant armant phi Gervais
Jos^ Lepage fr Courier
Present
Nicolas boimenu Demendeur contre La Succession de J'^
B*® AMELLIN
La Demendeur demande a la Cour que m^ B*^ Lacroix charge
des affaires de B*^ amellin quil Luy soit paye douze pot de tafia
que led* feu amellin Luy doit En Echange d'un Cheval quil a fait
avec Le demendeur en allant a S* Joseph.
Les nomme ignace et Saint michel ont parru Et ont pretty
Serment quils Etoient t^moins Lgrsqu' amellin a fait Le d*
Echange En alant a S* Joseph Et quil devoit donner icy Les dits
Douze pot de tafia a boimenu.
La Cour a ordonne a M^ Lacroix Chargd Des affaires de B*®
amellin de remettre a nicolas Boimenu onze pot de tafia quil
a reconnu devoir aud* feu amellin et aux Cas quil Survienne
1 The ''apres lavoir" was inserted by the clerk, who made the mistake of placing the sign
of insertion before instead of after the ''et."
COURT RECORD, APRIL, 1781 87
prays that the note be paid by the estate of the late Hamelin
aforesaid.
The Court granted to the plaintiff that there be given
him by Jean Bte. Lacroix the balance that is due the late
Jean Bte. Hamelin and ordered that after having paid^ it
there shall be endorsed on his note that it was granted by the
Court.
Ant. Harmand presents in Court a note for one hundred and
fifty livres in peltries, which are due him by Jacques Vasseur,
and prays that he be permitted to have the latter' s effects sold
to satisfy his note.
The Court granted that there be made a sale of his effects
by public auction to satisfy his debts in the Illinois; and that
the balance, if any, be deposited in the hands of the sheriff to
be delivered to whomever it belongs.
Fr. Saucier, Clerk. Jos. Lepage, President.
At a Court, April 19, 178 1.
President, Ch. Ducharme. Clem. Langlois.
Ant. Harmand. Ph. Gervais.
Jos. Lepage. Fr. Courier.
Present.
Nicolas Boismenu, Plaintiff,
vs. THE Estate of Jean Bte. Hamelin.
The plaintiff prays the Court that M. Bte. Lacroix, in
charge of the estate of Bte. Hamelin, pay to him a dozen jugs of
tafia, which the said late Hamelin owed him in exchange for a
horse, which exchange was made with the plaintiff while they
were going to St. Joseph.
The named Ignace and Saint Michel appeared and made
oath that they were witnesses when Hamelin made the said ex-
change on the way to St. Joseph, and they said that he was to
give the said dozen jugs of tafia to Boismenu here.
The Court ordered M. Lacroix, trustee of the estate of Bte.
Hamelin, to deliver to Nicolas Boismenu eleven jugs of tafia, which
have been acknowledged to be due from the said late Hamelin,
and in case there remains anything of the estate of the late
88 ILLINOIS HISTORICAL COLLECTIONS.
quelque Chause a la Succession de feu amellin Led* S'* Lacroix
Sera oblige de tenir Compte aud* boimenue de Lautre pot de tafia
qui Luy reste etre du.
Ducharme presd
a une Cour du 23 avril 1780 [sic].
President Ch. Ducharme Clement Langlois
Jos^ Lepage fr. Courrier
B^e Lacroix philipe Jervais
ant. armant Present
La Cour Etant assemble pour Examiner une requette pr^-
sente par Les habitant Des Cahos Contre mons^ Girrandin pour
Les terre quil consede Et Le tor que cela fait au village Et
demande quil Soit Deffendu aud* Sieur Girardin de passer outre
n'ayant aucun Droit de former un village et de Conseder Des
terres qui ont Ete reserve pour Ce village ou de produire Les
droits quil a de faire Le tor quil Causera par La Suitte a ce
village En agissant comme il fait.
La Court appres avoir Examine Les plaintes porte En La
requette Contre m^ Girardin De la part Des habitant il a Et6
accorde que La ditte requette Et Santance Si dessus Sera Sinifi^
a M^ Girardin, quil aye a produire Le droit quil a de Conseder
et former un village par La Suitte a la prairie du pon Et a deffaut
de preuve Sufhsante il Luy est Deffendu de Conseder auq'une
terre ni de former auqu'n Etablissement que pour Son utillit^
a Luy propre Comme Grange Engar ou maison.
Du Charme presd
a une meme Court du 23 D'avril il a Ete presente un Compte
par Louis Gauts il a Et [sic] ordonne au Sieur B*^ LaCroix de
Luy payer soixante neuf Livres dix Sols quil Luy Est du par
B*^ amelin Et qui a Ete Deja presente Si devant.
DuCharme presd
1 Antoine Girardin bought in 1764 the plantation, a seigniory it was called, from the mission
of St. Sulpice. This was situated at Prairie du Pont, where the missionaries had built a mill.
Reynolds, in his Pioneer History, 48 and 54, says that the village of Prairie du Pont was estab-
lished in 1760. There could have been at that time little more than a settlement of the work-
COURT RECORD, APRIL, 1780 89
Hamelin, the said M. Lacroix shall be obliged to render account
to the said Boismenu for the other jug of tafia, which remains
due to him.
DuCharme, President.
At a Court, April 23, 1780.
President, Ch. DuCharme. Clement Langlois
Jos. Lepage. Fr. Courier.
Bte. LaCroix. Philippe Gervais.
Ant. Harmand. Present.
The Court assembled to examine a petition presented by the
inhabitants of Cahokia against M. Girardin on account of the
land, which he is conceding, and the injury, which that does
the village ; and they demand that M. Girardin be forbidden to
continue, since he has no right to form a village and to concede
lands, which have been reserved for this village, or that he
show what right he has to do the village this injury which he
will cause as a consequence of his present actions.
The Court, after examining the complaints made, in the peti-
tion against M. Girardin on the part of the inhabitants, granted
that the said petition and above decree shall be served on M.
Girardin, that he show what right he has to concede land
and form a village subsequently at the Prairie du Pont ; and in
default of sufficient proof it is forbidden him to concede any land
or form any establishment other than is for his own use as barn,
shed or house. ^
DuCharme, President.
At the same Court April 23, there has been presented an ac-
count by Louis Gaud; and M. Bte. LaCroix was ordered to pay
him sixty-nine livres ten sols, which are due him by Bte. Hamelin,
and which account has been presented before.
DuCharme, President.
ingmen on the plantation of the mission. The above record and others in this volume show
that during this period the land of the village was taken up by the inhabitants of Cahokia.
Pp- 153. 159. 565. 591-
90 ILLINOIS HISTORICAL COLLECTIONS
a une Cour du 17 May. 1781.
President Ch. Ducharme ant. armant
B*^ Lacroix Clem* Langlois
ph^® Gervais Jos^ Lepage
present
Jean Lapence Demendeur Jos^ pelletie Deffendeui'
Le demendeur poursuit Le Deffendeur pour Six Jeux. de
ray qui Luy a pris Dans Le bois de la grand cheniere Et Comme
Les ditte ray ont ete trouve ches Le deffendeur, Le demendeur de-
mande quelle Luy Soit rendu ou paye Suivant Lestimation qui
en Sera faitte par Des ouvrie.
Le deffendeur declare quil est vray quil a pris de quoy Si
faire une paire de roux Et que Le nom6 Leme En a pris aussi Sans
Savoir La quantite.
Le nome Leme ayant paru a deClare En avoir pris une vin-
tenne.
La Cour a Condanne Les nom^ Leme Et pelletie a rendre ou a
payer La quantite de ray que Le Demendeur Declare Luy avoir
Et^pris par part Egalle ainsi que Les fraix.
m^ Billele Demendeur neveux Defendeur
Le demendeur poursuit Le deffendeur pour une Somme de
Cent Soixante neuf Livres en pelleterie que Le defendeur reste
Luy Devoir par Son Billet que Le demendeur a produit a La
Cour.
a une meme Cour Le Sieur Clement Langlois a presenter
un autre Billet de Cent Livre de Castor due par Le meme.
La Cour ayant Su que le Deffendeur a En sa possession un
Cheval et quelque pourceau il a Ete Condanne a paye Les deux
billet que vienne D'Etre presente Et a Ete accorde aud* Demend-
eur une Saisi Sur tout se que pent appartenir aud* neveux, pour
Etre vendu, au deffaut de payement.
La Cour Est ajourne a Jeudy 7 Juin.
DuCharme presd.
COURT RECORD, MAY, 1781 91
At a Court, May 17, 1781.
President, Ch. DuCharme. Ant. Harmand.
Bte. LaCroix. Clement Langlois.
Phil. Gervais. Jos. Lepage.
Present.
Jean Lapance, Plaintiff, vs. Jos. Pelletier, Defendant.
The plaintiff sues the defendant for six sets [?] of spokes,
which he had taken in the woods of the Big Mushrooms; and,
since the said spokes have been found at the defendant's house,
the plaintiff demands that they be returned to him, or paid for,
according to an appraisement, which shall be made by workmen.
The defendant declares that it is true that he took some to
make a pair of wheels and that the named Lemay took some also
without knowing the quantity.^
The named Lemay appeared and declared that he took a score.
The Court condemned the named Lemay and Pelletier to
return the spokes or to pay in equal parts for the quantity,
which the plaintiff declares to have been taken, and to share the
costs.
M. BiLLELE, Plaintiff vs. Neveux, Defendant.
The plaintiff sues the defendant for a sum or one hundred
and sixty-nine livres in peltries, which the defendant still owes
on his note, which the plaintiff produced in Court.
At the same Court M. Clement Langlois presented another
note for one hundred pounds of beaver skins due by the same.
Since the Court knows that the defendant has in his posses-
sion a horse and some pigs, he has been condemned to pay the
two notes, which have just been presented ; and there has been
granted the plaintiff a seizure on all the possessions of the said
Neveux, which are to be sold in default of payment.
The Court adjourned to Thursday, June 7.
DuCharme, President
1 To make wheels for a tombre.
92 ILLINOIS HISTORICAL COLLECTIONS
a une Cour du 31 May 1781.
President Ch. Ducharme fr. Courier
J^ Lepage ant. amant
B*® Lacroix phile Jervais
cle"* Langlois present
La Cour Etant assemble pour Demender a M'" Girardin
[Page or pages missing.]
19 Juin 1781.
F. Saucier Clark
Lepage iii Maud
Jervais iiii Jan
Lamarch i
Granmon i
Dubuque i Lan
19 Juine 1781.
President Che Ducharme ant. armant
B*® Lacroix phil. Gervais
Clem* Langlois fr. Courie
Pres
La Cour Etant assemble pour Prendre Les Serments de
fidelity ainsi que d'ofice des Sieurs George Blin, raphael Gagne,
Pierre Granmon Joseph Cecire Baptiste Saucier, Jean B*®
Hubert Lacroix et Jean B*^ Dubuc Comme ayant Ete nome par
une assemble publique faitte Le dix de Ce mois en La maison de
m^ fr. trottier Comd* de ce village pour remplace Les magistrat.
ci devant nome.
Les Suivant Juges mentione ci desus par La derniere Elextion
faits ont pris Le Serment de fidelite aux Etats ainsi que Celuy
d'office de Juge de paix &c. Selon leurs liste.
a une Cour tenue pour Le district des Cahokia du village des
Cahokia Le 19 Juin mil Sept Cent quatrevingt un.
a ordonne que fr. Saucier Soit apoint^ dark de cette Cour.
Francois Saucier a pris le Serment de fidelite Et doffice et a
pris Sa place en qualite de Clark.
1 When first seen, the Record had fallen to pieces and some of the pages werelost. With
the exception of the few pages at the beginning and these few pages here, the record is complete .
COURT RECORD, MAY, 1781 93
At a Court, May 31, 1781.
President, Ch. DuCharme. Fr. Courier.
Jos. Lepage. Ant. Harmand.
Bte. LaCroix. ^ Phil. Gervais.
Clem. Langlois. Present.
The Court assembled to demand from M. Girardin^
[Page or pages missing.]
June 19, 1781^
F. Saucier, Clerk.
Lepage in Maud
Gervais 11 11 Jan
Lamarche i
Grandmont i
Dubuque i The year.
June 19, 1781.
President, Ch. Ducharme. Ant. Harmand.
Bte. LaCroix. Phil. Jervais.
Clem. Langlois. Fr. Courier.
Present.
The Court assembled to receive the oaths of fidelity as well as
those of ofl&ce from MM. George Blin, Raphael Gagn^, Pierre
Grandmont, Joseph Cesirre, Baptiste Saucier, Jean Bte. Hubert
LaCroix and Jean Bte. Dubuque, who have been elected by public
assembly held the tenth of this month in the house of M. Fr.
Trottier, commandant of this village, to replace the magistrates
named above.
The following judges, mentioned above and made by the
last election, have taken the oath of fidelity to the States as
well as that of office of justices of the peace etc. according to
their list.
At a Court held for the district of Cahokia in the village of Ca-
hokia, June 19, 1781.
It was ordered that Fr. Saucier be appointed clerk of this Court.
2 This entry is given a whole page. Is it a ballot sheet? Ballot sheets at Kaskaskia were
more elaborate than this, but even there the number of voters was very small, in 1781 only
twenty-seven and in the next year only twenty-one.
94 ILLINOIS HISTORICAL COLLECTIONS
nicolas Chabot a pris le Serment de fidelite Et doffice et a pris
Sa place en qualite de Cherif pour Le distric de Ce village.
Jean B*^ Bargeon ayant dit a S* Louis, quil devoit partir dicy
pour aller a michilimakin[a] avec quelquantre Suivant Comme
il a Ete rap[orte] icy. B^® Bargeon ayant paru a dit quil pouvoit
avoir Dit quelque chose a Ce Sujet mais que Ce netoit quen
Badinan avec quelqu'n de Ses amis.
vue Le tems et La Sirconstance present La cour a ordonne
que B*^ Bargeon Seroit mis En prison Vingt quatre heure pour
Cette fois Et a Lavenir Si il tenoit quelque disCour pareille il
Sera puni Sevdrement Et a Ete aussi Condanne a tous fraix Et
Depanc.
a La Demande de m^ fr. trottier au nom du public Les Sieurs
Langlois et mechante ont ete Condanne a produire Chaq'un un
Cotion, qui repondron Deux Corps pour Corps Le tens qui
Seront icy.
La Cour a ordonne que Led* Langlois Et mechante oront Le
fort pour prison Et a Eux deffendu de Sabsenter Sans permission
du Comd* de ce village, Led* mechante a produit pour Son Cotion
La personne de m^ Louis Lecomte, et Led* Langlois La personne
de m^ ant. armant qui durera Jusqua nouvelle ordre.
La Cour est adjourne Jeudy Le 5 Juillet.
fr. Saucier dark G. Blin Presidant.
a une Cour du 21 Juin 1781.
Pres^ Geo. Blin B*® Saucier
raph^ Gagne B*® Lacroix
Pierre Granmon B*® Dubuque
Jos^ Cecire Present
M^ fr. trottier ayant fait assemble La Cour Et a port^ Des
plainte Contre Le nome B*^ Bargeon ayant Ete Condanne par
Lad*^ Cour a vingt quatre heure de prison pour des propos tenu
1 Since Micliillimackinac was in British territoryj such talk was treasonable, particularly
s British agents were at the time in St. Louis attempting to raise troops in the French villages.
See next note.
2 These men were agents of the British government sent here to raise troops and to detach
the French from their allegiance. They had gone first to St. Louis, where they were arrested
COURT RECORD, JUNE, 1781 95
Frangois Saucier took the oath of fidelity and of office and
took his place as clerk.
Nicolas Chabot took the oath of fidelity and of office and took
his place as sheriff for the district of this village.
Jean Bte. Bergeron is reported to have said at St. Louis that he
ought to set out from here to go to Michillimackinac with some one.
Bte. Bergeron appeared and said that he might have said some-
thing on that subject; but that it was only in joke with some one
of his friends.^
In view of the times and the present circumstances, the Court
decreed that Bte. Bergeron should be imprisoned twenty-four
hours for this time, and in the future, if he makes similar speeches,
he will be severely punished; and he was also condemned to
pay all costs and expenses.
On the demand of M. Fr. Trottier in the name of the public MM.
Langlois and Mechante were condemned to find bondsmen, who will
be personally answerable for them during the time they shall be here.^
The Court ordered that the said Langlois and Mechante shall
have the fort for a prison and forbade them to absent themselves
without the permission of the commandant of this village. The
said Mechante offered for his bondsman the person of M. Louis
Lecompte and the said Langlois the person of M. Ant. Har-
mand, who shall continue to act until new orders.
The Court adjourned to Thursday, July 5.
Fr. Saucier, Clerk. G. Blin, President.
At a Court, June 21, 1781.
President, Geo. Blin. Bte. Saucier.
Raph. Gagnd. Bte. LaCroix.
Pierre Grandmont. Bte. Dubuque.
Jos. Cesirre. Present.
M. Fr. Trottier assembled the Court and brought complaint
against the named Bte. Bergeron, who was condemned by the said
Court to twenty-four hours' imprisonment for his idle talk, be-
by the Spanish commandant and a letter addressed to the Illinois French was found on them.
The Spanish commandant made a report of the event to the American commandant, but
permitted two of the agents under the indicated conditions to go to Cahokia. A short time
after this Harmand asked the court to' be released from his bond, and Antoine Girardin took his
place. For particulars, see pp. 553, 557, 559, and Introduction, p. cv.
96 ILLINOIS HISTORICAL COLLECTIONS
par Led* Bargeon, et que L'ayant volu faire Conduire dans Lad*®
prison Led* Bargeon auroit Desobei au ordre qui ont Ete Donn^
a ce Sujet, Et Luy auroit manqud particule'""* Et en Conse-
quence a demande a La Cour que Led* Bargeon Son [sic] puni
plus severement quil n'avoit Ete Condanne.
La Cour a Condann^ Led* Bargeon a quinze Jour de prison,
A La Consideration de m^ trotier. qui Le trouve assd puni aprds
Ce terns Et a payer Les fraix tant de justice que Denprisonne-
ment. Et Ce avant de Sortir de prison Sous peine dy rester plus
longtems.
La Cour Est ajourne au 5 de Juillet.
fr saucier Grf. G Blin
a une Cour du 24 Juin 1781.
George Blin Bap*® Saucier
Raphael Gagnier Bap*® LaCroix
Pierre Granmon Bap*® Dubuque
Joseph Cessire President, [sic]
une requette presentee a la Cour par francois xavier lapensee
datt^e de ce Jour aux fins de luy permettre une assemblee de
Parens et d'amis pour luy nommer un Curateur pour prendre
Ses Interets Causes et actions &c.
k Ete apointe Lad*® requete quil Soit fait suivant sa Demande
Les Jour et an que de 1' autre part.
Pierre Prevost ayant paru a prete serment sur Le Saint Evan-
gille tout puissant de se Comporter vrayement et fidelement dans
tous ces Ecrits tant en Cour qu'ailleurs Concernant La Succes-
sion de feu mad® LaPensee en Sa qualite de greffier Commis.
La Cour Est ajournee a Jeudy prochain Cinq Juillet.
G. Blin.
1 After reaching his majority a young man might receive a curator, who did not manage
the estate for him, but did give him assistance in law-suits, in the settlement of his account
with the guardian and in other matters. — Viollet, Hist, du droit civil Fran(^ais, 591.
COURT RECORD, JUNE, 1781 97
cause, when he wished to have him conducted to the said prison,
the said Bergeron disobeyed the orders, which were given on this
subject, and had insulted him in particular; and in consequence
he prayed the Court that the said Bergeron be punished more sev-
erely than he had been condemned.
The Court condemned the said Bergeron to two weeks' im-
prisonment, out of consideration for M. Trottier, who thinks he
will be sufficiently punished after this time, and to pay the cost
both of justice and imprisonment before leaving prison, under
penalty of remaining there a longer time.
The Court adjourned to July 5.
Fr. Saucier, Clerk. G. Blin.
At a Court, June 24, 1781.
President, George Blin. Bte. Saucier.
Raphael Gagne. Bte. LaCroix.
Pierre Grandmont. Bte. Dubuque.
Joseph Cesirre Present.
A petition presented to the Court by Francois Xavier Lapanc^,
dated this day, praying that it be permitted him to hold an assembly
of relatives and friends to name a curator to take care of his inter-
ests, causes and actions etc.^
The said petition was referred that it may be done according
to his prayer, this day and year as on the other part.^
Pierre Prevost appeared and made oath on the Almighty Holy
Gospels to conduct himself truly and faithfully in all these writ-
ings, as well in court as elsewhere, concerning the estate of the
late Madam Lapancd in his character of deputy clerk.
The Court adjourned to Thursday following, July 5.
G. Blin.
^his expression, "I' autre part" refers to the side of the sheet of paper on which the
petition to the court was written, the decision of the court being written either below or on the
reverse of the sheet.
98 ILLINOIS HISTORICAL COLLECTIONS.
a une C* du 5 Juillet.
President. G Blin B*® Saucier
raphael Gagne B*® Dubuc
pierre Granmon B*® Lacroix
Jos^ Cecire Present
Demendeur AUGUST racette Deffendeur Joseph vaudry
La Cour Etant assemble Et ayant Siege Jusqu'a neuf heure
passe, Et apres avoir fait apeller Le demendeur par Le Cherif
par trois fois Different Et nayant point paru a renvoy^ Le d*
proces a La Cour prochaine et Le demendeur a payer tous Les
frais de Celle cy. La Cour Est ajourne a Jeudy 2. aout.
fr saucier Clark. G. Blin
une Cour du 2 aout 1781.
Pres* Geo. Blin. B*® saucier
rap. Gagne B*^ Lacroix
p^® Granmon B*® Dubuc
Jos. Cecire Present
Demendeur J^ B*® Lacroix Deffendeur Isaac Levy .
Le demendeur poursuit Le deffendeur pour Le rembourse-
ment d'une Somme de cen quarante neuf livres cinq sols en
pelleterie par un Billet quil a Consenti a fr. Ivont pour reste de
Ses gages et que Son Commis. m^ Lerou a acquitte a Michelima-
quina et Dont Le demendeur produit Des preuves.
Joseph Clermont ayant paru et apres avoir prete Serment
Sur Le S* Evangille de Dieu tout puissant a dit quil a et^ Jusqua
michelimaquina avec Le canot du demendeur Et quen arivant
il a Et6 temoin que Led* Billet Si mentione a Ete paye par Le
Commis du demendeur et que cest une negligence de Son Commis
de ne I'avoir pas retirer.
Sur Le temoignage que Joseph Clermont Donne que Led*
Billet a Ete paye par Le Commis dud* Demendeur, que Le
defendeur soit Condanne a renbourser au demendeur Le montant
du Susd* Billet.
m^ fr. trottier demande a la Cour que tous Les Effest que Sont
ches ch^® Lefevre apparten* a Jean marie trottier soit vendu
pour Luy payer une Somme que led* trottier Luy Doit, La Cour
COURT RECORD, JULY, 1781 99
At a Court, July 5.
President, G. Blin. Bte. Saucier.
Raphael Gagn^. Bte. Dubuque.
Pierre Grandmont. Bte. LaCroix.
Jos. Cesirre. Present.
August Racette, Plaintiff, vs. Joseph Vaudry, Defendant.
The Court assembled and sat till past nine o'clock, and after
summoning the plaintiff by the sheriff three different times and
when he did not appear, postponed the hearing of the said suit till
next Court, and condemned the plaintiff to pay all the costs of this
session. The Court adjourned to Thursday, August 2.
Fr. Saucier, Clerk. G. Blin.
At a Court, August 2, 1781.
President, Geo. Blin. Bte. Saucier.
Raph. Gagn^. Bte. LaCroix.
Pierre Grandmont. Bte. Dubuque.
Jos. Cesirre. Present.
Jean Bte. LaCroix, Plaintiff, vs. Isaac Levy, Defendant.
The plaintiff sues the defendant for the repayment of a sum of
one hundred and forty-nine livres and five sols in peltries for a note
which he drew to the order of Fr. Ivont for the balance of
his wages and which the plaintiff's clerk, M. Lerou, paid at Mich-
illimackinac, of which the plaintiff produces proof.
Joseph Clermont appeared and, after having made oath on the
Holy Gospels of Almighty God, said that he went up to Michilli-
mackinac with the plaintiff's canoe and that on arriving he was
witness that the said note was paid by the plaintiff's clerk and that
it is negligence on the part^of his clerk not to have withdrawn it.
On the testimony which Joseph Clermont gives that the said
note was paid by the said plaintiff's clerk, the defendant is con-
demned to repay to the plaintiff the amount of the note afore-
said.
M. Fr. Trottier prays that all the goods belonging to Jean
Marie Trottier, which are at the house of M. Lefevre, be sold to
pay him a sum, which the said Trottier owes him. The Court
decreed that Charles Lefevre shall deliver under oath all the
loo ILLINOIS HISTORICAL COLLECTIONS.
a ordonn^ que Charle Lefevre remettra Sous Serment tous Les
Effest que Sont Ches Luy apartenant aud* J° M® trottier pour
Etre vendu pour Satisfaire a Ses debtes.
Demendeur at armant defendeur Jos^ Cecire
Le demendeur poursuit Le deffendeur pour un payement
quil Luy a fait en pelleterie, disant quayant ete ches Luy cherchd
Lad*® pelleterie quil Luy auroit Demend^ Si La pelleterie etoit
Bonne que Le deffendeur Luy avoit dit quil L'avoit recue pour
Bonne.
Le deffendeur dit quil est vray quil a dit au demendeur quil
avoit re^ue La ditte pelleterie pour Bonne, et quil en pouvoit faire
faire La recette et que Si elle ne valoit rien de Luy renvoyer mais
que Le demendeur L'ayant garde six Jour; et quil ne vouloit
plus La reprendre.
La Cour a Condanne Le demendeur a garder Le payement
que Le deffendeur Luy a fait pour ne Lavoir pas renvoye sur Le
Champ puis quil nen netoit pas Contant et a payer Les fraix.
La Cour Est ajourne a 6^® 7^^*®.
f saucier Gf G Blin
une Cour du 21 aoust 1781.
President G. Blin Jo^ Cecire
raphael. Gagne B*® Dubuc
p. Granmon B*® Saucier
present
une requette presente en Cour par Louis Clermont demendant
quil Luy Soit permis un assemble de parens et d'amis pour La
nomination d'un Curateur.
La Cour a accords a Louis Clermont ses demendes. La
Cour Est ajournd a Jeudy 6^® de Septembre.
G Blin
COURT RECORD, AUGUST, 1781 loi
effects belonging to the said Jean Marie Trottier, which are at
his house, in order that they be sold to satisfy his debts.
Ant. Harmand Plaintiff, vs. Jos. Cesirre, Defendant.
The plaintiff sues the defendant for a payment, which the latter
made him in peltries. The plaintiff says that when he was at the
defendant's house to get the said peltries, he asked the defendant,
if the peltries were of good quality, and that he answered that he
had received them for good ones.
The defendant says that it is true that he said to the plaintiff
that he had received them for peltries of good quality and that he
might have the receipt made for them, and if they were not worth
anything, to send them back to him; but the plaintiff kept them
six days and he no longer wished to take them back.
The Court condemned the plaintiff to keep the payment which
the defendant made him, because he did not send the peltries
back immediately, since he was not content with them, and
to pay the costs.
The Court adjourned to September 6.
F. Saucier, Clerk. G. Blin.
At a Court, August 21, 1781.
President, G. Blin. Jos. Cesirre.
Raphaiel Gagne Bte. .Dubuque.
Pierre Grandmont. Bte. Saucier.
Present.
A petition presented in Court by Louis Clermont praying
that he be permitted to hold an assembly of relatives and friends
for the nomination of a curator.
The Court granted Louis Clermont his request. The Court
adjourned to Thursday, September 6.
G. Blin.
I02 ILLINOIS HISTORICAL COLLECTIONS
a une Cour du 20 7^^^ 1781.
Presidant G. Blin pierre Granmon
B*® Lacroix B*® Saucier
Pres.
Demendeur M. Delinctot Defendeur Joseph maisonville
Le demendeur poursuit Le deffendeur pour une Jument quil
dit avoir achete au pe point Etenpe, Et que le deffendeur reclame a
Luy Layant pris ches m^ Janis a qui Le Demendeur L'avoit
change.
Le deffendeur repond que La Jument que Le demendeur
reclame Luy appartien Comme Layant amen^ Du poste Et que
Laditte Jument Luy a Ete vole au petit village par Les Sauvage
Et a produit plusieurs Sertificat comme Lad**® Jument Luy
appartient, Et offre Encore de produire D'autre preuve tant Des
Jens du poste que Ceux des Gas.
La Cour a renvoye Les dittes partis a faire Dessider Leur
Causes au Gas vue que Laditte Jument y est Et quil peuvent
produire de plus grande pour terminer Leur differens.
La Cour Est ajourne au 4^® 8^^® 1781.
f saucier Greff. G. Blin.
a une Cour du 18. 8bre 1781.
President. Jn B*® Lacroix raphele Gagne
jn gte Dubuque pierre Granmon
Pres*
Demendeur Joseph asselin Deffendeur pierre Durbois
Le Demendeur poursuit Le defandeur pour une Jumint quil luy
avoit remis En avance Sur Les Gages quil Etoit Convenu de Luy
Donner pour decendre a la N^^® Orleans, Et Comme Led* demen-
deur Se trouve dans le Cas de ne point tenir Son Engagement il
reclame La ditte Jument que led* Deffendeur pretens Garder
pour Dedomagement Sauf a Etre Condanne par La Cour a Luy
en payer un.
^ Godefroy Linctot was, I think, a Cahokian Frenchman. He raised the first company
for Clark among the inhabitants of that village. When Clark was expecting to attack Detroit
Major Linctot was sent by way of the lUinois River. He was at the time Indian commissioner
for the region of that river. He was later regularly employed as commissioner by the state of
Virginia and his knowledge of the Indian languages made him a very useful officer. There
is a letter from him to Clark printed on page 553. Before the end of the war he was killed.
— Va. State Pap. ii., 325, 405, 428; English, Conquest of the Northwest, i., 370.
COURT RECORD, SEPTEMBER, 1781 103
At a Court, September 20, 1781.
President, G. Blin. Pierre Grandmont.
Bte. LaCroix Bte. Saucier.
Present.
M. DE LiNCTOT,^ Plaintiff, vs. Joseph Maisonville, Defendant.
The plaintiff sues the defendant for a mare, which he says
he bought unbranded at Peoria, and which the defendant
claims and has taken at the house of M. Janis with whom the
plaintiff had exchanged her.
The defendant answers that the mare, which the plaintiff
claims, belongs to him, as he brought it from the Post;^ and
that the said mare was stolen from him at the Little Village^
by the savages; and he produced several certificates- that the
said mare belongs to him, and offers to produce other proof
both from people of the Post and of Kaskaskia.
The Court dismissed the said parties to have their cause
decided at Kaskaskia seeing that the mare is there and they can
produce greater [proof] to terminate their differences.
The Court adjourned to October 4, 1781.
F. Saucier, clerk. G. Blin.
At a Court, October 8, 1781.
.' President, Jean Bte. LaCroix. Raphael Gagne.
Jean Bte. Dubuque. Pierre Grandmont.
Present.
Joseph Asselin, Plaintiff, vs. Pierre Dubois, Defendant.
The plaintiff sues the defendant for a mare, which he had
advanced on the wages, which he agreed to give the defen-
dant for going down to New Orleans; and since the said plain-
tiff finds it impossible to keep his engagement, he reclaims the
said mare, which the said defendant pretends to keep for damages ;
unless he is condemned by the Court to pay the defendant one
for damages.
The defendant answers by a petition that the plaintiff did a
considerable injury to him in failing to keep his engagement,
2 Vincennes.
3 St. Philippe.
I04 ILLINOIS HISTORICAL COLLECTIONS
Le deffendeur repond par une requette que Ledit Demendeur
Luy fait un tor considerable de manquer a Ses Engagement vue
quil auroit pu Sengager a d'autre, et que Laditte Jument quil La
recue En avance Luy reste pour Dedomagement.
Le Sieur ant. Girardin Demendeur pour Jos^asselin, demende
a la Cour de renvoyer Le dit proces a La Cour prochaine, pour
que Le dit asselin paroisse Luy m^me.
La Cour a ordonn^ que Le Susdit proems Soit renvoy^ a la Cour
prochaine.
Le Sieur ant. armant Demende a La Cour de ce decharg^ du
Cotionnement quil a Donn^ pour Le nom6 Langlois, nayant point
Eu un terme fixe.
La Cour a Decharg^ Led* Sieur armant Dud* Cotionnement
Et a remis a M^ trotier Led* Langlois pour En faire ce que Bon
Luy Semblera.
fr. saucier Clark J B H LaCroix
a une Cour 25. octobre 1781.
President J^ B*^ Lacroix raphele Gagn6
pierre Granmon Jos^ Cecire
Present
Demendeur Jos^ asselin Deffendeur pierre durbois
Le demendeur poursuit Le deffendeur pour qui Luy donne
des preuve du tor quil Luy a fait En ne tenant point Le
marche quils avoit fait Ensemble de decendre a la n^^®
Orleans.
Le deffendeur repond quil a reffuse quarante piastre de M^.
Motart pour decendre a la N^^^ Orleans pour ne pas manquer a
langement [sic] quil avoit fait avec Led* demendeur.
La Court a Condanne Le deffendeur a rendre au demendeur
La Jument quil Luy avoit Donne En avance. Et que Le Service
quil a Eu de Laditte Jument passe pour Son dedomagement Et
quil Sera Libre de Sangager a d'autre Si Bon Luy Senble Et au
demendeur a payer tous Les fraix.
Demendeur J^ B*^ Laurins Deffendeur Jos^ Dube
Le demendeur poursuit Le deffendeur pour une quantity de
Six Cent Livres de farine quil Luy doit pour un cheval quil Luy
COURT RECORD, OCTOBER, 1781 105
seeing that he would have been able to engage himself to another,
and that the said mare, which he received in advance, should
remain his as damages.
M. Ant. Girardin, plaintiff for Jos. Asselin, prays the Court
to continue the said cause to the next Court in order that the said
Asselin may appear himself.
The Court decreed that the above suit be continued to the
next court.
M. Ant. Harmand pi ays the Court to release him from the
bail-bond, which he gave for the named Langlois and which did
not have a fixed term.
The Court released M. Harmand from the bail-bond and
delivered the said Langlois to M. Trottier to do with him what
shall seem to him best.
Fr. Saucier, Clerk. Jean Bte. Lacroix.
At a Court, October 25, 1781.
President, Jean Bte. Lacroix. Raphael Gagne
Pierre Grandmont. Jos. Cesirre.
Present.
Jos. Asselin, Plaintiff, vs. Pierre Dubois, Defendant.
The plaintiff sues the defendant, demanding that he give him
proof of the injury that the plaintiff did him in not keeping the
agreement, which they had made, to go down to New Orleans.
The defendant answers that he refused forty piastres to go to
New Orleans, offered by M. Motard, in order to keep the engage-
ment which he had made with' the plaintiff.
The Court condemned the defendant to restore to the plaintiff
the mare, which the latter had given him in advance, deciding
that the service, which he had had from the said mare, would
do for damages. The Court decreed that the plaintiff shall
be free to engage himself to another, if he so desires, and con-
demned him to pay all the costs.
Jean Bte. Laurins Plaintiff Jos. Dube Defendant
The plaintiff sues the defendant for six hundred pounds of
flour, which the defendant owes the plaintiff for a horse the
io6 ILLINOIS HISTORICAL COLLECTIONS.
a vendu Sur Laquelle ditte quantite Le demendeur En a recue
cinquante Livres.
Le deffendeur repond quils Etoient Convenu avec Le demen-
deur de Six Cent Livres de farine ou Cent vingt Livres de paux de
chevreuil au deffaut de farine.
Le demendeur produit trois temoins qui disent avoir Entendu
dire au deffendeur quil devoit six cent Livres de farine pour un
Cheval quil avoit achet^ du demendeur.
nayant point de preuve ny Pun ni Lautre a produire La Cour
Les a prete a Serment Et Setant refuse I'un a Leur Serment La
Cour a renvoye Le present proses ne pouvant Les Condanner, Et
ont Ete condanne Seulement Lun et L'autre a payer Les fraix.
Demendeur Jos^ plante Deffendeur Jos^ vaudry
Le demendeur poursuit Le deffendeur disant que L'ayant
Engage pour chasser En decendant a la N^^^ Orleans, Et quand
concequence il auroit vendu bien des chose quil Luy etoit tres
utile maime Jusqua Son mays, Se qui Etoit dune grande recourse
pour Luy, Et que presentement Le deffendeur Se dedit de Ses
Conventions Se qui Luy fait un tor considerable Et demende que
led* deffendeur Soit Condanne a Luy payer un dedomagement.
Le deffendeur repond quil a averty Le demendeur La veille du
Jour quil devoit partir quil ne Luy etoit pas possible de Continuer
son voyage.
Le demendeur dit quil auroit demende au Deffendeur Cinq Jour
pour finir quelque petit ouvrage quil avoit a differante personne Et
que dans Cette intervale il auroit demende au deffendeur Si il Etoit
bien Sur de faire Le voyage quils etoit Convenu de faire a quoy il
luy a tour jour repondu quil devoit ce croire Engage et quil parteroit
En Consequence il L'auroit renvoye plusieurs ouvrage quil na pa
pu finir, et a vendu ce quil avoit icy tant qu'en un Canot mays Sel
et autre chose quil Luy Seroit aujourdhuy D'un grand Secour.
La Court a Condanner Le deffendeur a rembourser au de-
' mendeur Soixante Livres En Daree, pour dedomagement Et a
payer Les fraix.
La Cour est ajourne a Jeudy 8. gbre
f. saucier. Clark J B H LaCroix
CAHOKIA RECORD, OCTOBER, 1781 107
latter sold him, of which said quantity the plaintiff has received
fifty pounds.
The defendant answers that he had agreed with the plaintiff
for six hundred pounds of flour or one hundred and twenty pounds
of deer-skins, in default of flour.
The plaintiff produces three witnesses, who say that they
heard the defendant say that he owed six hundred pounds of
flour for a horse, which he had bought of the plaintiff.
Since neither has proof to offer, the Court put them to oath ;
and since each refused to take the other's oath, the Court dis-
missed the present cause, not being able to pass judgment,
and both have been condemned only to pay the costs.
Jos. Plante, Plaintiff, vs. Jos. Vaudry, Defendant.
The plaintiff sues the defendant saying that the latter engaged
him to hunt while going down to New Orleans, and that in
consequence he had sold many of his goods, which were very useful
to him, and even his com, which was a great resource to him,
and that now the defendant has backed out of his agreement,
which does the plaintiff a considerable injury and he prays that
the said defendant be condemned to pay him damages.
The defendant answers that he informed the plaintiff the
evening before he was going to start that it was not possible for
him to continue his journey.
The plaintiff says that he had asked the defendant for five
days to finish some little jobs, which he had for different persons,
and that during this interval he had asked the defendant, if he
was very sure of making the journey which they had agreed to
make, to which the latter always replied that he should consider
himself engaged and that he would start. In consequence he had
given up several jobs, which he could not finish, and sold
what he had here as well as in a canoe, corn, salt and other things,
which would be of great assistance to him to-day.
The Court condemned the defendant to reimburse the plaintiff
sixty livres in kind for damages and to pay the costs.
The Court adjourned to Thursday, November 8.
F.^Saucier, Clerk. J. B. H. Lacroix.
io8 ILLINOIS HISTORICAL COLLECTIONS.
a une Cour du 5 pbre 1781.
President G. Blin B*^ Dubuc
B*^ Lacroix pierre Granmon
B*® saucier Present
Demendeur AUG* ange Deffendeur ch'^ Gratiot
Le demendeur poursuit Le deffendeur pour Luy rendre Compte
de ce que feu Dubois Luy doit Comme ayant Eu Ce qui a restd
aprds La mort dud* dubois.
Le deffendeur repond que Lorque L'on a Et^ pour faire
L^ancan de feu dubois qu'avec L'aprobatioh de M^ Joseph
Lepage Juge de la Cour a retirer tous Les articles qui restoit de
ce quil avoit vendu a feu dubois, et que le reste a Et^ vendu Et
dont La vente Doit Etre Entre les mains de M'' Ducharme Comme
ayant Luy meme faire faire La vente, Et demande a la Cour de
Luy nomer un Jour, D'un autre Cour afin quil produise Les
Compte quil a Contre Led* Dubois, nayant point Ete prevenu
de Cette affaire.
La Cour a accord^ au S^ Charle Gratiot, de paroitre, a La Cour
prochaine Jeudy 8^^ du cour* aflSn quil produisse Ses Compte
Suivant sa demande.
a une meme Court il a Etd Deffendu a Louis Lem^ de Se
retablir a La prairie du pont Luy ayant Deja Ete deffendu.
La Cour Est ajourn^ a Jeudy 8. Qbre
f. saucier. Clark G. Blin
a une Cour* du 8. gbre.
Pr^sd* G. Blin J. B*« Dubuc
J. B*^ Lacroix raph®^ Gagne
p. Granmon Jos^ Cecire
Present
Demendeur J. B*® Lacroix Charle Lefevre Deffendeur
Le demendeur poursuit Le deffendeur pour trois haChe quil
Luy a donne a racomode. Et que le deffendeur Luy a cassd en
racomodant, disant quil ne Doit pas payer Le racomodage.
Le deffendeur repond que Si Les hache ont manqu^ par
L'ouvrage quil a fait quil ne demende rien, mais quelle Sont Cassd
aillieur.
COURT RECORD, NOVEMBER, 1781 109
At a Court, November 5, 1781.
President, G. Blin. Bte. Dubuque.
Bte. LaCroix. Pierre Grandmont.
Bte. Saucier. Present.
Aug. Angers, Plaintiff, ""w.Ch. Gratiot, Defendant.
The plaintiff sues the defendant in order that he render him an
account of what the late Dubois owed him, since he had had the
property, which remained after the death of the said Dubois.
The defendant answers that when they were on the point of
holding the auction of the goods of the late Dubois, he withdrew,
with the approval of M. Joseph Lepage, judge of the Court, all
the articles remaining of those which he had sold to the late
Dubois, and that the rest had been sold and that the proceeds
of the sale must be in the hands of M. DuCharme, since he had
caused the sale to be made. He prays the Court to name a day
at another Court that he may produce his account against the
said Dubois, since he was not forewarned of this suit.
The Court in accordance with his prayer granted Charles
Gratiot till the next Court, Thursday, the 8th of the present
month, to appear and produce his account.
At the same Court Louis Lemay was for bidden to settle at
Prairie du Pont, as it had been already forbidden him to do.
The Court adjourned to Thursday, November 8.
F. Saucier, Clerk. G. Blin.
At a Court, November 8.
President G. Blin. J. Bte. Dubuque.
J. Bte. LaCroix. Raphael Gagnd.
P. Grandmont. Jos. Cesirre.
Present.
J. Bte. Lacroix, Plaintiff, vs. Charles Lefevre, Defendant.
The plaintiff sues the defendant for three axes, which he had
given him to mend, and which the defendant broke in mending
and says that he ought not to pay for the repairing.
The [defendant answers that if the axes were spoiled by
the work, which he did, he would not demand anything;
but that they broke elsewhere.
no ILLINOIS HISTORICAL COLLECTIONS
La Cour a renvoyer Le present proems a etre decide par Des
ouvrier Et ont Condamn^ Les dittes partie a sen raporter a leur
decision, Louvrier ayant visiter louvrage a Dit quelle ne valloit
rien et quelle ne Devoit pas Etre paye, La Cour a Condann^ Le
deffendeur a payer Les fraix.
AUG. ANGE Demendeur ch. Gratiot Deffendeur
Le deffendeur ayant Ete renvoy^ a La presente Cour pour
produire Ses Compte Contre feu dubois Et Les ayant produit La
Court a ordonne au demendeur de produire Les Siens Et a prover
Comme La farine quil a retirer Luy appartient et a Cette Effest a
nomee francois saucier pour faire Le recouvrement de la vente de
Ses Effest ainsi que la farine qui reste Etre due pour ensuitte
payer a qui il appartiendrie.
B^^. Lacroix Demendeur P. Martin Deffendeur
Le demendeur poursuit Le deffendeur pour La somme de
vingt neuf Livres quil Luy doit pour L'ancan de L'acharette.
Le deffendeur dit avoir paye Les vingt neuf Livres a M'".
Gratiot En reglant de Compte avec luy.
m^ Gratiot ayant produit Ses Compte quil avoit regie avec le
deffendeur ou il n'est point Mention dud^ payement.
La Cour a Condanne Le deffendeur a produire un recuet
Comme il a paye Les dit vingt neuf Livres, au deffaut
de quoy il est condanne a payer au demendeur La Ditte
Somme.
La Cour Est ajourne a Jeudy 8 x^^^.
f saucier Clar G. Blin
a une Cour du 15 gbre.
Presd G. Blin B*« Saucier
p. Granmon B*^ Dubuque
Pres.
une requette presente par m^ fr. trottier, disant quayant Et^
nome tuteur des Enfans de feu Lapierre, quil a Exercer Jusqu'a
present Cette Charge, Et demende a en Etre decharge, Et que la
Cour nome un autre tuteur.
La Cour a acorde a M^ Fr Trottier de Se decharge de Sa
1 See previous session.
COURT RECORD, NOVEMBER, 1781 iii
The Court dismissed the present suit to be decided by work-
men and condemned the said parties to refer the cause to their
decision. The workmen having inspected the work said that
the axes were worth nothing and that they ought not to be
paid for. The Court condemned the defendant to pay the
costs.
Aug. Angers, Plaintiff, vs. Ch. Gratiot, Defendant.
The defendant, having been dismissed to the present Court to
produce his accounts against the late Dubois, has brought them.
The Court ordered the plaintiff to produce his accounts and to
prove how the flour, which he withdrew, belonged to him,
and to this end named Francois Saucier to make the recovery
from the sale of his goods and also of the flour, which remains
due, in order afterwards to^pay it to whom it may belong.^
B. LaCroix, Plaintiff, 'z;^. P. Martest, Defendant.
The plaintiff sues the defendant for the sum of twenty-nine
livres, which he owes him for the auction of the cart.
The defendant says that he paid the twenty-nine livres to M.
Gratiot in settlement of accounts with him.
M, Gratiot produced the accounts, which he had settled with
the defendant, and there is no mention of the said payment.
The Court condemned the defendant to produce a receipt
showing that he had paid the said twenty-nine livres^ in default of
which he is condemned to pay the plaintiff the said sum.
The Court adjourned to Thursday, December 8.
F. Saucier, Clerk. G. Blin.
At a Court, November 15.
President, G. Blin. Bte. Saucier.
P. Grandmont. Bte. Dubuque.
Present.
A petition presented by M. Fr. Trottier, in which he says that
he was named guardian of the children of the late Lapierre and
has exercised this charge up to the present; and now he re-
quests that he be relieved and that the Court name another
guardian.
The Court granted that M. Fr. Trottier be relieved of his
112 ILLINOIS HISTORICAL COLLECTIONS.
tutelle En Consequence EUe a ordonn^ quil Soit fait un assemble
de parens Et damis pour Le reglement des Compte, ainsi que
pour La nomination dun nouvaux tuteur.
f saucier dark, G. Blin
a une Cour du 6 X^^^ 1781.
presidant G Blin raphle Gagn^
J. B*^ Lacroix B*^ Dubuc
pierre Gramon Jos^ Cecire
pres*.
Les Compte due par feu Jos^ metote ont Ete prdsent^ a la
Cour. il a Et^ ordonne que fr. Saucier face Le recouvrement de
Son ancan ancan [sic] Et payer Les dits Compte, qui Seront
raport^ En Cour pour Etre aprouv^.
La Cour Est ajourne a jeudy 3. de Janvier.
F. saucier dark G. Blin
a une Cour du 10^® Janvier 1782.
president george blin raphael gagn^
J. B*® Lacroix pierre grandmont
B*® Saucier Joseph Cecirre
B*^ Dubuc present
demendeur Isaac levy defendeur michel butau
Le demendeur poursuit le defFendeur disant que layant traite
pour une maladie moyennant la Somme de quatre cent livres et
quappres un certain temp le deffendeur luy at assure quil ne
Sentoit plus aucuns Simptomes de Sa maladie il a cesse de le
Soigner et luy demandant Son payement par la Suitte le deffend-
eur luy a refuse disant quil ne lavoit pas gueris entierement.
B*® dumais appres avoir fait Serment de dire la verite Sur les
Conv^tion entre le demandeur et le ddfifendeur at assurre que le
demendeur devoit parfaitement guerir le deffendeur et quil at
entendu dire au Deffendeur quil netoit pas guerit quil netoit que
Seulement Soulage.
Le deffendeur dit que le demandeur etoit oblige de le guerir
parfaitement et quil ne Sest point trouve et ne Se trouve point
gudrit quil a Semplement Senti quelques Soulagements par les
premier traitement Du demendeur.
COURT RECORD, DECEMBER, 1781 113
guardianship; and in consequence ordered that there be held an
assembly of relatives and friends for the settlement of accounts
and the nomination of a new guardian.
F. Saucier, Clerk. G. Blin.
At a Court, December 6, 1781.
President G. Blin. Raphael Gagnd.
Jean Bte. Lacroix. Bte. Dubuque.
Pierre Grandmont. Joseph Cesirre.
Present.
The accounts due by the late Jos. Methot have been presented
to the Court. It was decreed that Fr. Saucier make the recovery
by auction and pay the said accounts, which shall be reported in
Court to be approved.
The Court adjourned to Thursday, January 3.
F. Saucier, Clerk, G. Blin.
At a Court, January 10, 1782.
President, George Blin. Raphael Gagn^.
J. Bte. LaCroix. " Pierre Grandmont.
Bte. Saucier. Joseph Cesirre.
Bte. Dubuque. Present.
Isaac Levy, Plaintifif, vs. Michel Buteau, Defendant.
The plaintiff sues the defendant saying that he treated the
defendant for a sickness for the sum of four hundred livres and
after some time the defendant assured him that he no longer felt
any symptoms of his sickness. He ceased caring for him and
afterwards, when he asked for his pay, the defendant refused,
saying that he had not cured him entirely.
Bte. Dumay, after having made oath to tell the truth concern-
ing the agreement between the plaintiff and the defendant, affirmed
that the plaintiff was bound to cure perfectly the defendant and
that he heard the defendant say that he was not cured, but only
relieved.
The defendant says that the plaintiff was obliged to cure him
perfectly and that he was not and is not cured; that he only
felt some relief from the first treatment of the plaintiff.
Augustin Angers, after having made oath to tell the truth
114 ILLINOIS HISTORICAL COLLECTIONS.
augustin angers appres avoir fait Serment de dire la verite Selon
Ses Connoissances dit que le deffendeur etoit dans les desseins
daller aux Kas Se faire Soigner et quil auroit dit que le demandeur
lavoit arrete disant quil etoit capable de le guerir et quil luy auroit
conseille de Se mettre entre les mains du demendeur. et que quelque
temps appres. ay ant demande au deffendeur letat de Sa maladie il
auroit repondu quil alloit tres bien. et quen suitte de le temps, le
deffendeur luy auroit dit quil etoit malade. et que le demandeur
lessoit de le Soigner.
le deffendeur at declare par Serment n'avoir jamais Connti
aucunes femmes depuis le premier temps que le demandeur lat
Soigne jusqua ce que jour.
la Cour at Condamne le demendeur de Continuer de Soigner
le deffendeur jusqu'a ce quil soit guerit Sous Condition que le
deffendeur Se Comporterat Conformement a Ses ordonnances et
ne feras rien qui puisse estre nisible au medicaments du demand-
eur, Sous peine de payer la Somme demande par le demandeur et
destre abandonne de luy.
la Cour a Condanne le deffendeur de payer la Somme de Cent
Seize livre quinze Sols que le demandeur a produit Selon Son
Compte Courrant.
la Cour a Condanne le demandeur a payer touts les fraix de
justice.
la Cour est ajourne au 7"'^ febrier
f. saucier dark G. Blin
a une Cour du 28 Janvier 1782.
president G Blin Jn B*^ Saucier
Jn B*^ Lacroix Jn B*^ Dubuc
Demendeur Joseph Motar Defendeur augu*. ange
Le demendeur poursuit Le deffendeur pour Savoir Le Sujet
pour Lequel il a defendu au Sieur ducharme de Le payer Et de
regler Ses Compte avec Luy.
Le deffendeur repond que Si il La fait Ce na Ete que parceque
Le demendeur Luy a Saisi un Canot dans Lequelle il devoit
COURT RECORD, JANUARY, 1782 115
according to his knowledge, says that the defendant was intending
to go to Kaskaskia to be attended, and that he had said that the
plaintiff had stopped him, saying that he was capable of curing
him; and that he [Angers] had advised him to put himself
under the care of the plaintiff; that some time afterwards, when
he asked the defendant about the sickness, he answered that he
was getting along very well ; but later the defendant had told
him that he was sick and that the plaintiff had ceased attending
him.
The defendant declared on oath that he had not known any
women from the time the plaintiff began taking care of him up
to the present time.
The Court condemned the plaintiff to continue attending
the defendant until he should be cured, on condition that
the defendant acts according to orders and does nothing that
can counteract the medicines of the plaintiff, under penalty
of paying the sum demanded and of being abandoned by
him.
The Court condemned the defendant to pay the sum
of one hundred and sixteen livres fifteen sols, a bill for which
in accordance with his current account the plaintiff has pro-
duced.
The Court condemned the plaintiff to pay all the costs of
justice.
The Court adjourned to February 7.
F. Saucier, Clerk. G. Blin.
At a Court, January 28, 1782.
President, G. Blin. Jn. Bte. Saucier.
Jn. Bte. LaCroix. Jn. Bte. Dubuque.
Present.
Joseph Motard, Plaintiff, vs. Aug. Angers, Defendant.
The plaintiff sues the defendant that he may know the reason
why the latter has forbidden M. DuCharme to pay him and to
settle his accounts with him.
The defendant answers that if he did it, it was only because
the plaintiff seized a canoe in which he was going away, saying
ii6 ILLINOIS HISTORICAL COLLECTIONS.
partir disant quil Luy devoit Se que Le Deffendeur ny et offre de
Le prouver.
Le demendeur repond quayant vendu Soixante pot de tafia a
raison de deux piastres Le pot Sur Laquelle ditte quantite Le
Sieur Ducharme Luy En a pay^ Cinquant,e pot Comme ayant re-
pondu de Le faire, Et que Comme Le deffendeur Se trouvoit
redevoir au demendeur vingt piastre pour Les dix pot restant, et
quapres Luy avoir demend^ plusieurs fois il auroit refuse de le
Satisfaire il auroit par ordre de m^ Le Commandant de st Louis
de faire aretter Le Canot du deffendeur Seulement pour Jusqua ce
quelque Juge En decide Et a produit Son Compte par Lequel Le
d* deffendeur Luy est redevable de la Somme de Cent Livres.
Le deffendeur repond que dans Laffaire presente avec Le de-
mendeur il netoit point Convenu d'aucume quantite de tafia que
Leur Convention Etoit d'une Demy Barique pour Le prix de Cinq
Cent Livres Et quil n'etoit Convenu aucunement d'aucun prix
pour Le pot.
Le demendeur repond que Si Lusse promit soixante pot de
tafia au deffendeur pour une Demi Barique il n'auroit pas pre-
sence du deffendeur valter Led* tierson qui Contenoit Soixante
pot Et que Le deffendeur Si Seroit oposer Si lusse entendu avoir
Soixante pot de tafia pour Cinquante.
Le deffendeur offre antoine Lamarche pour t^moin de Leur
Convention.
antoine Lamarche ayant paru a pT6t6 Serment Sur Le S*
Evangille De repondre au question qu'on Luy feroit, et a dit quil
n'a d'autre Connoissance que d'avoir Entendu dire par m^ mo-
tar quil Donneroit au S'^ angd une Demy Barique de tafia pour La
quantity de Cent piastre.
Le demendeur a pret6 Serment Sur Son Compte.
apres avoir murement Examind Les demendes Et deffences
vue Le t^moins Et Sa Declaration La Cour a Condann^ Le deffen-
deur a payer au demendeur Le Surplus des Cinquante pot de
tafia a raison de deux piastre Le pot qui Ce Sont trouvd dans Le feu
quil a regue du demendeur, Comme L'ayant valte En La presence
du Deffendeur et Le Deffendeur a payer Les fraix de Justice.
COURT RECORD, JANUARY, 1782 117
that the defendant was in debt to him, which the defendant denies
and offers to prove.
The plaintiff answers that he sold sixty jugs of tafia at two
piastres the jug and that M. DuCharme paid him for fifty jugs of
this, for which he had held himself responsible; and since the
defendant was indebted to the plaintiff twenty piastres for the ten
remaining jugs and had refused to pay after many demands, he
had, by order of the 'commandant of St. Louis, caused the
seizure of the defendant's canoe only until some judge should
decide, and he produced his account according to which the
defendant is indebted to him for the sum of one hundred livres.
The defendant answers that in the present affair with the
plaintiff there was no agreement on any quantity of tafia, that
their agreement was for a half-cask at five hundred livres, and
that there was no agreement on any price per jug.
The plaintiff answers that if he had promised the defendant
sixty jugs of tafia for a half-cask he would not in the presence
of the defendant have measured [?] the said barrel, which con-
tained sixty jugs ; and that the defendant should have objected
thereto, if he had understood that he was receiving sixty jugs
instead of fifty.
The defendant presents Antoine Lamarche as a witness of
their agreement.
Antoine Lamarche appeared and made oath on the Holy
Gospels to answer the question, which is put to him, and said that
he had no other knowledge than that he had heard M. Motard
say that he was giving M. Angers a half-cask of tafia for a him-
dred piastres.
The plaintiff made oath to his account.
After having carefully examined the prayers and the defences
and considering the witness and his testimony, the Court con-
demned the defendant to pay the plaintiff for the surplus above
the fifty jugs of tafia, which were in the consignment of firewater
which he received from the plaintiff, at the rate of two dollars a
jug, since it was measured [ ?] in the presence of the defendant,
and condemned the defendant to pay the costs of justice.
ii8 ILLINOIS HISTORICAL COLLECTIONS.
Demendeur Isaac Levy Deffendeur michel butau
Le demendeur poursuit Le deffendeur disant que La Cour
Derniere il auroit Ete Condann^ de Continuer a medicamenter Le
deffendeur Jusqu'a Sa parfaite guerison pour parvenir au paye-
ment que Le deffendeur Est oblige a Luy donner, mais il prouve
que Le deffendeur na pas Suivie Ses ordonnance ni meme prise
Les remedes quil Luy a donne puisq'un Jour il dit Luy avoir don-
n^ Soixante pilule pour En prendre Sept Le premier Jour Et a au-
guemender d'une tout Les Jour, Jusque La fin mais Le Demen-
deur Dit que Le Lendemain ayant Et^ Le voir, il Luy a demend^
Si il En avoit prix Se Jour La, Le deffendeur Luy a repondu que
non et quil ne Savoit pas de quoy Etoit devenu Les ditte pilule quil
Croyoit que Les Enfans de la maison Les avoit perdu. Et que
Le Sur Lendemain il y auroit Encore retourne, Luy en report^
quinze autre Des meme pilule Et a recommander au S^ B*® alary
de faire attention Si Le dit deffendeur ne Le trompoit point Dans
Les remedes quil Luy donnoit Et L'apres midy Le deffendeur a
dit au demendeur, apres Luy avoir dit que Les Enfans avoit gas-
piller Les ditte Soixante Et Sept pillule quil Les avoit toute prise
chose inposible que Le demendeur represente, parceque Cetoit
asse pour Le faire mourir, Et m'^^ B*^ alary ayant paru a dit que
Led* deffendeur na pas voulu prendre aucune des ditte pilule que
Le demendeur avoit recommende De Luy faire prendre.
Le deffendeur ayant paru a dit quil avoit prix toute Les pilule
que Le demendeur Luy a a [sic] donn^ que voyant que Les remede
ne Le guerissoit pas aussi vite quil L'auroit voulu quil Les a toute
prise dans Deux Jour.
La Cour a Condann^ Le deffendeur a payer au demendeur
Le prix quil etoit Convenu de luy donner Comme n'ayant pas
Suivie Ses ordonnances, anisi que tous Les fraix.
La Cour Est ajourne a Jeudy 7. fevrier.
fr. saucier, dark. G. Blin.
COURT RECORD, JANUARY, 1782 119
Isaac Levy, Plaintiff, vs. Michel Buteau, Defendant.
The plaintiff sues the defendant, saying that at the last Court
he had been condemned to continue to treat the defendant until
his perfect cure in order to obtain the payment, which the
defendant was obliged to give him; but he proves that the
defendant has not followed his prescriptions nor even taken the
remedies, which he gave him; for, he says, he gave him one day
sixty pills, seven of which he was to take the first day and to
increase the number by one each succeeding day until all were
taken; but the plaintiff says that on the next day he went to
see the defendant and asked if he had taken the pills that day,
and the defendant answered, ''No", and said that he did not
know what had become of the said pills; but that he believed
that the children of the house had lost them. The plaintiff
further says that on the following day he returned and brought
fifteen more of the same pills; and he requested M. Bte. Alarie to
watch and see if the said defendant did not deceive him about
the medicine he had given him; and in the afternoon the
defendant said to the plaintiff, after having told him that the chil-
dren had thrown away the said sixty-seven pills, that he had
taken them all, which is impossible, the plaintiff maintains,
because that was enough to kill him. Madame Bte. Alary
appeared and said that the defendant aforesaid did not wish to
take any of the said pills, which the plaintiff charged him to
take.
The defendant appeared and said that he had taken all the
pills that the plaintiff gave him; but since the remedies did not
cure him as quickly as he had wished, he took them all in two
days.
The Court condemned the defendant to pay to the plaintiff
the price which he had agreed to give him, since he has not fol-
lowed the prescriptions, and also to pay the costs.
The Court adjourned to Thursday, February 7.
F. Saucier, Clerk. G. Blin.
I20 ILLINOIS HISTORICAL COLLECTIONS
a une Cour du 7 fevrier 1782.
President G. Blin raph. Gagne
B*e Saucier J° B^^ dubuc
Pres^
G. Blin repr^sente a la Cour que Le nom6 pierre Lafleur ayant
fait Chanter une Grande messe par M^ Gibeaute, il Luy auroit
demende plusieurs fois de Satisfaire a La fabrique Se quil a refus^
de faire. En Consequence il demende de faire Saisir quelq'un de
Ses meubles pour Jusqu'a La Conqurence de ce quil doit.
La Cour a ordonne que Le nomd pierre Lafleur Soit assin^ a
La Cour prochaine pour repondre a la plainte porte Contre Luy.
La Cour Est ajourn^ au 7 mars.
f. Saucier. Clark
a une Cour du 21 fevrier 1782.
President G. Blin Jos^ Cecire.
p. Granmon B*^ Saucier.
J. B*^ Lacroix B*® Dubuque.
Present
Jean B*® Lacroix a produit a la Cour Le reglement du
Compte de la Succession de feu Jean B*^ amelin qui a et^ aprouv^
ainsi que Les autre papier Dont il Etoit Chargd Comme ayant
Ete nom^ par Laditte Cour de regler Laditte Succession. Et Les
dit papier ont Et^ remis au Gref.
Le Sieur ant Girardin de La part de madame veuve merci^. a
fait demende En Cour de faire faire invantaire de tous Ses Biens
pour regler avec Ses mineurs.
La Cour a accorde a M*^® mercid Suivant sa demende.
a une meme Cour pierre roy a prdsente une requette a la Cour
pour quil Soit nome un tuteur au mineurs mitote
La Cour a ordonne quil Soit fait une Assemble de parens Et
damis pour L'elextion d'un tuteur au Susdit mineurs, ainsi que
pour le reglement de Leur Succession.
a une meme Cour philipe Gervais ayant obtenu une saisi Sur
Soixante Gerbe de ble appartinant a Glaude Gagne pour une
1 The vestry-board was composed of church wardens elected by the parish to take charge
of the temporal affairs of the church.
COURT RECORD, FEBRUARY, 1782 121
At a Court, February 7, 1782.
President, G. Blin. Raphael Gagne.
Bte. Saucier. Jean Bte. Dubuque.
Present.
G. Blin shows the Court that the named Pierre Lafleur
had had a high mass sung by M. Gibault, and that he had asked
the latter several times to pay the vestry-board,^ which the latter
refused to do. Therefore he prays that some of his movables,
up to the equivalent of what he owes, be attached.
The Court ordered that the named Pierre Lafleur be sum-
moned to the next Court to answer the complaint brought against
him.
The Court adjourned to March 7.
Fr. Saucier, Clerk.
At a Court, February 21, 1782.
President, G. Blin. Jos. Cesirre.
P. Grandmont. Bte. Saucier.
J. Bte. Lacroix. Bte. Dubuque.
Present.
Jean Bte. Lacroix brought into Court the settlement of the
account of the estate of the late Jean Bte. Hamelin, which was
approved, and also the other papers with which he was intrusted,
as he was named by the said Court to settle the said estate. And
the said papers were filed in the clerk's office.
M. Ant. Girardin on behalf of Madame Mercier, widow, made
prayer in Court to have an inventory made of all her goods in
order to settle with her minor heirs.
The Court granted the request of Madame Mercier.
At the same Court Pierre Roy presented a petition to the
Court in order that there be named a guardian for the minors
Methot.
The Court decreed that there be held an assembly of relatives
and friends for the election of a guardian for the above mentioned
minors, and also for the settlement of their estate.
At the same Court Philippe Gervais, who has obtained a writ
of seizure on sixty sheaves of wheat belonging to Claude Gagnd
122 ILLINOIS HISTORICAL COLLECTIONS
Somme de Soixante Et quinze Livres quil Luy. Et demendd
a La Cour d'ans faire faire La vente.
La Cour a accord^ au S^ Gervais La vente du Ble suivant sa
demende.
fr. Saucier a demende a la Cour quil Luy Soit permis de faire
vendre Environ deux tombre de mays appartenant a Glaude
Gagn^ pour Satisfaire a une Somme de cent soixante et trois Livres
quil est due par son Billet.
La Cour a accorde a fr. Saucier quil soit fait Suivant sa de-
mende.
fr. Saucier a produit En cour Le reglement des Compte de la
Succession de feu Joseph Metote, qui ont Etd aprouve.
La Cour Est ajourne a 7 de mars,
fr saucier Clark G Blin
a une Cour du 7^^ mars 1782.
President G. Blin. Jos^ Cecire
p. Granmon B*^ Saucier
raphael Gagne B*^ Dubuc
Present
Demendeur Louis trottier Deffendeur J" B*^ Lacroix
Le demendeur poursuit le deffendeur pour un Cochon quil Luy
a Ete tu^ Dans Les Champs Et demende quil luy Soit paye ayant
passe par Sa Cloture, Suivant La declaration de M^ BauUieu qui
En a fait La visite. Et qui declare que Les d* pourceau ont passe
Sa cloture.
[Certificate attached] Je Soussigne Sertifie a tons quil appar-
tiendra qu'ayant Et^ Envoye par le Sindic faire La visite des Clo-
ture, que J'auray trouvd un pieux de Casse dans La Cloture de
Monsieur Lepage Et qu'en presense de deux temoins Je ne me
Suis point aper^u quil y aye passe auq'un animaux Et quensuite
nous aurions trouve une Breche a Celle de m^ Lacroix nous nous
Sommes aper^u quil y avoit passe Des pour^eu, Et avons aussi vue
1 The certificate is stitched to the page of the Record.
2 From the earhest times of the French regime the inhabitants elected a syndic to look
after the commons and common field. This officer was also the legal representative of the
community on all occasions. The villages of France had a similar officer. — Babeau, H.,
Les assemblees generales des communautes d'habilants en France, 146 et seq. Babeau, A.,
Le village sous I'ancien rlgimc, ch. iii.
COURT RECORD, MARCH, 1782 123
for a sum of seventy-five livres^ which the latter owes him, prays
the Court to have the sale made thereof.
The Court granted to M. Gervais the sale of the wheat accord-
ing to his prayer.
Fr. Saucier prayed the Court to permit him to have sold about
two wagon loads of corn belonging to Claude Gagne to satisfy
the sum of one hundred and sixty-three livres which is due on his
note.
The Court granted to Fr. Saucier that it be done according
to his prayer.
Fr. Saucier produced in Court the settlement of the accounts
of the estate of the late Joseph Methot, and it was approved.
The Court adjourned to March 7.
F. Saucier, Clerk. G. Blin.
At a Court, March 7, 1782.
President, G. Blin. Jos. Cesirre.
P. Grandmont. Bte. Saucier.
Raphael Gagn^ Bte. Dubuque.
Present.
Louis Trottier, Plaintiff, vs. Jean Bte. LaCroix, Defendant.
The plaintiff sues the defendant for his pig, which was killed
in the fields, and demands that he be paid for it, since it passed
through the defendant's fence according to the affidavit of M.
Beaulieu, who made the inspection and declares that the said
pigs passed through the defendant's fence.
[Certificate attached^] I, the undersigned, certify to all whom
it may concern that when I was sent by the syndic^ to inspect
the fences, I found a stake broken in the fence of M. Lepage and,
in the presence of two witnesses, I have not seen any animals
pass through there; and afterwards we found a break in M. La-
Croix's fence and saw that some pigs had passed through it; and
we also saw a broken stake in Louis Trottier's fence, but up
to that time nothing had passed through there. This I declare
to be the truth and have signed the present certificate to serve
in case of need. At Cahokia, March 7, 1782.
Beaulieu.
124 ILLINOIS Historical collections
un pieux Casse a la Cloture de louis trottier ou Jusqua Lors il ny
avoit Encore rein passe Ce que Je declare veritable Et a Sign^
Le present pour Servir au Besoin Sera aux Cah6s le 7 mars 1782.
beaulieu
Le deffendeur repont que Les temoins qui Sertifie que le Cochon
a pass^ par Sa cloture q'un en fasse Serment, quil ^e Condanne a
Le payer puisquil y avoit ce jour La plusieur Breche aux cloture.
La Cour a ordonne q'un Des temoins qui declare que Les pour-
ceaux ont passe par La Cloture de d* Lacroix En fasse Serment
Et Le deffendeur alors Sera Condanne a payer Le d* Cochon au
demendeur Et Les fraix.
a une meme Cour m^ motar Expose a la Cour que Dans une
affaire quil a eu avec Le Sieur ange Et qui auroit Ete Condanne
par laditte De luy payer une Somme Suivant Son Compte il
auroit Jusqu'a present attendu led* payement led* Sieur motar
represente aussi que la Cour Luy ayant ordonne de ramener un
Canot quil avoit fait Saisir appartinan audit ange a S* Louis, il
auroit obei aux ordres qui Luy ont Et^ present a ce Sujet.
Mais Comme Led* ange Se trouve apsent il Demende a la
Cour de faire vendre son d* Canot pour Satisfaire a ce que led*
ange Luy doit.
La Cour a accorde a m^ motar La vente du d* Canot, moy-
enant que Se Sera a La veille de Son depart, Esperant que led*
ang6 pouroit venir avant ce tems.
La Cour Et [sic] ajourne Jeudy 4 avril.
f saucier Clark G Blin
a une Cour du 8 de mars 1782.
President Geo. Blin Jn B*® dubuque
p. Granmon Jn B*^ Saucier
raph. Gagne Josh^ Cecire
Present
Le Sieur Jean B*® Lacroix presente une requette a la Cour par
Laquelle il demende une permission pour faire La traitte avec
Les Sauvages qui viendront ches Luy. au Condition que toutte
Les viandes, Suif huile dours et paux de Chevruil quil traittera
apres Sa provision faitte dans cedder aux Citoyens de ce Village
COURT RECORD, MARCH, 1782 125
The defendant answers by requesting that, since there were
several breaks in the fence on that day, one of the witnesses, who
certify that the pig passed through his fence, should make oath,
and he will accept judgment to pay for the pig.
The Court decreed that one of the witnesses, who declare that
the pigs passed through the fence of the said LaCroix, should
make oath thereto, and the defendant will then be condemned
to pay the plaintiff for the said pig and the costs.
At the same Court M. Motard shows the Court that in the
cause, which he had with M. Angers and in which the latter had
been condemned by the said Court to pay him the sum
according to his account, he had up to the present waited for the
said payment. M. Motard also shows that the Court decreed
that he should bring back a canoe belonging to the said Angers of
which he had made seizure at St. Louis, and that he had obeyed
the orders which were given him on this subject.
But since the said Angers is absent, he prays the Court to
have his canoe sold to satisfy the debt, which the said Angers
owes him.
The Court granted to M. Motard the sale of the said canoe
on condition that the sale shall be made on the evening of his
departure, as they hope that the said Angers may return before
that time.
The Court adjourned to Thursday, April 4.
F. Saucier, Clerk. G. Blin.
At a Court, March 8, 1782.
President, Geo. Blin. Jean Bte. Dubuque.
P. Grandmont. Jean Bte. Saucier.
Raph. Gagnd. Jos. Cesirre
Present.
M. Jean Bte. LaCroix presents a petition to the Court in which
he requests a permit to trade with the savages, who shall come
to his house, on' condition that all meats, tallow, bears' oil
and deer-skins, which he shall receive in trade, after making pro-
vision for himself, he will sell to the citizens of this village at a
126 ILLINOIS'HISTORICAL COLLECTIONS
a un prix qui Sera fixe par La Cour Et qu'en outre il Sera Loisible
aux habitans de Ce village de venir ches Luy quand il y aura
Des Sauvages, faire La traitte pour des denres Et quil ne Leurs
Soit point permis dy traitter de L'eau de vie, il Represente en
outre quil ne versera point d'eau de vie dans ce village a aucun
sauvages.
a La demende du Sieur Jn B*® Lacroix La Cour Luy a accord^
La permission de La traitte avec Les Sauvages moyenant quil
ne donnera point a Boire au Sauvages dans le village Et quil
vendra aux habitans de ce village par privillege apres Sa pro-
vision faitte, Savoir.
Lhuille a trois Livres dix Sols.
Le Suif a une livre dix Sols.
Les plats Cotes a Sept Livres dix Sols. \ ]
Le chevreuil En viandes Dix livres.
Les paux Boucannee Cinq Livres.
Et Les habitants auront vingt quatre heure apres Le depart
des Sauvages pour venir acheter Leurs Besoin ches Mond* Sieur
Lacroix, Et quapres Ce terns il Sera maitre de le vendre a tout
autre Ce a quoy il Est convenu.
La Cour Est ajourne a 4 D'avril.
fr saucier. G Blin
La Cour Est ajourne au 11 avril. Extraordinaire.
President Jen. B^^ Lacroix B*^ Saucier
raph^^ Gagne B*^ Dubuque
Present
ANT. ARMANT Demeudcur Josp^ Butau Defendeur
Le demendeur poursuit Le defendeur Disant quil Luy auroit
Donne une paire de Jeune Boeuf a dompter moyenant quil feroit
Ses Semences avec. mais Le Demendeur dit ne sen Etre servis
que quatre Jour Et a nouri Les Dits Boeuf trois semaine au foin
Et maiy [sic] Et que Comme Le defendeur aujourdhuy Luy
reprend Ses Boeuf avant Ses Semences faitte il demende que led*
Deffendeur soit Condanner a luy payer Le tems quil a noury Ses
Boeuf Et La peine de les avoir fait Dompter.
For further particulars about this license to trade see pp. 575, 213, 215, 607.
COURT RECORD, APRIL, 1782 127
price which shall be fixed by the Court; and furthermore that
it shall be lawful for the inhabitants of this village to come to
his house, when savages are there, to trade for provisions; and
that it shall not be permitted them to trade there for liquor.
He shows, furthermore, that he will not serve liquor in this
village to savages.
At the prayer of M. Jean Bte. Lacroix, the Court granted
him the permit to trade with the savages, on condition that
he will not give them drink in this village, and that he will give
the preference to the inhabitants of this village in selling, after
provision is made for himself, at the following prices, to wit:
Oil at three livres ten sols.
Tallow at one livre ten sols.
Spare ribs at seven livres ten sols.
The meat of deer at ten livres.
Smoked hides at five livres.
And the inhabitant shall have twenty-four hours after the
departure of the savages in which to buy what they need at M.
Lacroix' s; and after that time he shall be permitted to sell to
all others. To this he has agreed.^
The Court adjourned to April 4.
Fr. Saucier. G. Blin.
The Court adjourned to April 11, for special session.
President, Jean Bte. LaCroix. Bte. Saucier.
Raph. Gagn^. Bte. Dubuque.
Present.
Ant. Harmand, Plaintiff, vs. Jos. Buteau, Defendant.
The plaintiff sues the defendant, saying that the latter had
lent him a pair of young oxen to break in return for the use of
them during his sowing; but the plaintff says that he had used
them only four days, after he had fed the said oxen three weeks
on hay and corn, and that, since the defendant took his oxen
back to-day before he had finished his sowing, he therefore prays
that the said defendant be condemned to pay him for the time
that he fed his oxen and for the trouble he had in breaking
them.
128 ILLINOIS HISTORICAL COLLECTIONS
Le deffendeur repond quil a pris Ses Boeuf parceque il Setoit
aperfu que L'on menoit mal Ses Boeuf.
Le demendeur produit un tdmoin qui dit que le deffendeur avoit
Donn^ Ses Boeuf au demendeur pour tous le terns de Ses semences.
LaCouraCondanner Le deffendeur a payer au demendeur Vingt
franc pour Le tems quil a nouri Ses Boeuf Et a payer Les fraix.
a une meme Cour Clement alary demende quil soit hautorize
de faire rendre Compte a piere Chauvin du Bien que pent revenir
au mineurs Buat Labecace du Cotte de leur mere.
La Cour a accorde a La demende de Clement alary pourvu
que Les tuteur des dits mineurs y Soyent present.
La Court Est ajournd au 2^« may.
fr saucier, dark. J B H LaCroix
a une Court du i8 avril 1782 par extraordinaire.
President George Blin B*^ Saucier
raphael Gagne Piere Granmon
J" B*^ Lacroix B*« Dubuque
Jos^ Cecire Present
La Court Etant assemble au nom des habitants pour repondre
a la requette a Eux presente par antoine Girardin Sur La pro-
position quil Leur fait pour L'abandon de Son moulin Et aussi
pour donner toutte Les Connoissances a M^ Richard Winston
Lieutenant Gouverneur Civile pour la Contd Des Illinois, de
toutte Les affaires qui Ce Sont passe avec led* Girardin Et Les
habitants afl&n den venir a une Conclusion.
Veu que La requette prdsente aud* habitant En General La
Cour a renvoye aux habitant a En faire reponse.
fr saucier. G Blin
a une Cour du 9 may 1782 Extraordinaire.
President G Blin Jos^ Cecire
pierre Granmon B*® Saucier
raphael Gagn^ J" B*^ Dubuque
jn ;gte Lacroix present
monsieur fr trottier ayant fait assemble La Cour, au nom du
public pour Demender a m^ T Brady Les pouvoir quil a de faire
Des Deffences au public.
COURT RECORD, APRIL, 1782 129
The defendant answers that he took the oxen away because
he noticed that they were treated badly.
The plaintiff produces a witness, who says that the plaintiff
had given the oxen to the defendant for all the time of sowing.
The Court condemned the defendant to pay the plaintiff
twenty francs for the time he fed his oxen and to pay the cost.
At the same Court Clement Alarie prays that he be author-
ized to make Pierre Chauvin render account of the goods, which
may accrue to the minors Buyat Labecasse from their mother.
The Court granted the prayer of Clement Alarie, provided
the guardians of the said minors are there present.
The Court adjourned to May 2.
Fr. Saucier, Clerk. J. B. H. Lacroix.
At a special session of the Court, April 18, 1782.
President, George Blin. Bte. Saucier.
Raphael Gagn^ Pierre Grandmont.
Jean Bte. LaCroix. Bte. Dubuque.
Jos. Cesirre. Present.
The Court assembled in the name of the inhabitants to make
response to the petition presented to them by Antoine Girardin,
in which he proposes to them to abandon his mill and to give full
cognizance of all the causes between himself and the inhabitants
to Mr. Richard Winston, lieutenant civil governor of the county
of Illinois, that a conclusion may be reached concerning them.
Considering that the petition is presented to the inhabitants
in general, the Court referred it to the inhabitants to make
response thereto.
Fr. Saucier. G. Blin.
At a special session of the Court, May 9, 1782.
President G. Blin. Jos. Cesirre.
Pierre Grandmont. Bte. Saucier.
Raphael Gagne. • Jean Bte. Dubuque.
Jean Bte. LaCroix. Present.
M. Fr. Trottier assembled the Court in the name of the public
to demand of M. Brady what power he had to publish prohibi-
tions to the public.
I30 ILLINOIS HISTORICAL COLLECTIONS
Thomas Brady ayant paru a dit qu'en Sa quality de depute
pour les Sauvages quil fesoit Deffence de la trette de taffia avec
Eux.
La Cour Luy a represente quelle fesoit Elle meme Ses deffences,
Et que Si il a quelque plainte a faire Contre quelqu'un de Ce
village au Sujet des Sauvages de le faire Et non pas de faire
aucune deffence a Ce Sujet sans que la Cour en Soit instruit.
f saucier Clark. G. Blin
a une Cour 20 Juin 1782.
President Geo. Blin Jos^ Cecire
piere Granmon B*® Saucier
raph^® Gagne B*^ Dubuque
jn gte Lacroix Present
La Cour Etant assemble pour prendre Le Serment des Juges
nome par La novelle Ellection faitte Le 16 du Court par une assem-
ble En la maison de m^ trottier Savoir Les Sieurs Geo. Blin pierre
Granmon B*® Dubuque, B^® alary, B*^ Baron, Gabriel Baron Et
Louis Lebrun.
Les Suivant Juges Savoir George Blin &c, Les dits Juges cy
dessus mentionn^ ont pris Le Serment de fidelity aux Etats ainsi
que celuy de Juge de Paix &c selon Leurs List.
a une Cour tenue pour le district des [sic] du village des
Cahokia Le 20 Juin 1782.
a ordonne que fr Saucier soit apointe dark de Cette Cour.
fr Saucier a pris le Serment de fidelity Et d'office Et a pris
Sa place En qualite de Clark.
a une meme Cour a Ete ordonne que niColas Chabot Continu-
roit Sa charge de Cherif de la Cour.
nicolas Chabot a pris le Serment de fidelite Et doffice.
Louis pillet Demendeur Jos. asselin Deffendeur
Louis pillet presente un marche passe Entre Luy Et Le def-
fendeur pour ouvrage que le deffendeur devoit faire a Sa maison
parceque le deffendeur refuse [?] de le Suivre.
Le deffendeur Expose que nayant pas fait L'ouvrage autant dit
non pas par sa fautte puisquil na Jamais ete force par le demend-
1 Brady was Indian commissioner for the state of Virginia.
COURT RECORD, JUNE, 1782 131
Thomas Brady appeared and said that in his office of deputy
for the savages he prohibited trade in tafia with them.^
The Court shows that it published itself such a prohibi-
tion; and demands that, if there is any complaint to make against
any one of this village on the subject of the savages, he is to make
it, and not to publish prohibitions on the subject without inform-
ing the Court.
Fr. Saucier, Clerk. G. Blin.
At a Court, June 20, 1782.
President, Geo. Blin. Jos. Cesirre.
Pierre Grandmont. Bte. Saucier.
Raph. Gagne. Bte. Dubuque.
Jean Bte. LaCroix. Present.
The Court assembled to receive the oath of the judges elected
by the new election, which was held the i6th of the present
month in the house of M. Trottier, namely MM. Geo. Blin,
Pierre Grandmont, Bte. Dubuque, Bte. Alarie, Bte. Baron,
Gabriel Baron, and Louis Lebrun.
The following judges, namely George Blin, etc., mentioned
above, took the oath of fidelity to the States and also that of
justices of the peace, etc., according to the list.
At a Court held for the district of the village of Cahokia, June
20, 1782.
The Court ordered that Fr. Saucier be appointed clerk of this
Court.
Fr. Saucier took the oath of fidelity and also that of office,
and took his place as clerk.
At the same Court it was ordered that Nicolas Chabot should
continue his commision of sheriff of the Court.
Nicolas Chabot took oath of fidelity and of office.
Louis Pillet, Plaintiff, vs. Jos. Asselin, Defendant,
Louis Pillet presents an agreement entered into by himself
and the defendant for work, which the latter was to do on his
house, because the defendant refuses to keep it.
The defendant explains that he has not done the work as said,
but not through his fault, but because he has never been com-
132 ILLINOIS HISTORICAL COLLECTIONS
eur de Le faire, Et que Comme il y a Cinq ans que Led* march^
Est passe il trouve que le prix Est trop mediocre il demende aug-
mentation.
La Cour a Condanne Le demendeur a rembours^ a deffendeurj
La Somme de Soixante Et dix Livres pour n'avoir pas oblige Le
deffendeur a faire Son ouvrage au terns Echus Et a payer Les
fraix EntreEux.
Demendeur G. Constant Deffendeur at arment
Le demendeur poursuit L deffendeur disant que Sous Le
prete::: : dit il que Son Enffant Luy auroit manqu^ quil L'auroit at-
taque En Luy disant, va mon fils dire a ton p^re quil a mang^ Le
cochon de Granmon, Ce que Le demendeur demende quil Luy
prouve par Sa partie adverse quil L'en acquse.
Le deffendeur dit quil a Entendu dire a m^ Granmon quil
pensoit que le demendeur auroit pu Le faire.
m^. Granmon dit queffectivement quil la pens^ mais quil ne
L'en accusoit pas positivement n'en Etant point Sure.
La Cour a renvoye Le Demendeur Et le deffendeur Sans aucune
Dessision puisque le demendeur nest pas Juste dans ces demendes
Et pour Les Sotises quils ce Sont Dit Sont Condann^ a payer
tous Les deux Les fraix.
Lemc Demendeur Jo Cecire Deffendeur
a une meme Cour une requette prdsente par Louis Leme
habitant de S* philipe pour un soque quil luy a Et6 ote de Sa
charu par m^ Cecire Sous le pretex dit il que ledit leme Luy devoit
quinze franc. Ce qui La mis hor detat de faire Ses Semence Et
de les faire faire Dont il Luy En a Coute Suivant Le Sertificat
de m^ Ch. Cadron Cent franc pour faire Sa Semence.
Joseph Cecire dit quil Est vray quil a pris Le Soque mais que
ce n'est que par ce que led^ Lemd Luy devoit quinze franc pour
avoir Ete Emprisonnd ches Luy Et que Si il Lut paye il ne L'au-
roit pas fait.
La Cour a Condanner Le Sieur Secire a rembourser au de-
mendeur Ce qui Luy en a Cout^ pour faire faire Ses Semences Et a
1 There was no prison in Cahokia, and the fort was sometimes used for that purpose,
but not always. A prisoner was more often placed in the custody of an officer. Since no
case in which Lemay was sentenced to imprisonment occurs in the Record, the imprisonment
COURT RECORD, JUNE, 1782 133
pelled to do it by the plaintiff; and^that, as it was five years
ago that the bargain was made, he finds that the price is too
low and demands an increase.
The Court condemned the plaintiff to reimburse the defend-
ant the sum of seventy livres for not having compelled the defend-
ant to do his work in the expired time and both to pay the costs.
G. Constant, Plaintiff, vs. Ant. Harmand, Defendant.
The plaintiff sues the defendant, saying that under the alleged
pretext that his child had put a slight upon the defendant, the
latter had assaulted him and said: "Go, my son, and tell your
father that he ate Grandmont's pig"; and the plaintiff prays
that this, of which he is accused, be proved by the opposing
party.
The defendant says that he heard M. Grandmont say that
he thought that the plaintiff might have done it.
M. Grandmont says that in fact he thought it; but that he
did not positively accuse him thereof, because he was not sure.
The Court dismissed the plaintiff and the defendant without
passing judgment, since the plaintiff is not just in his demands;
and for the abusive language they have used, they are both con-
demned to pay the costs
Lemay, Plaintiff, vs. Jos. Cesirre, defendant.
At the same Court a petition was presented by Louis Lemay,
inhabitant of St. Phillippe, for a plowshare, which had been
taken from his plough by M. Cesirre under the alleged pretext
that the said Lemay owed him fifteen francs. This put him out
of condition to do his sowing, and the cost of having it done, ac-
cording to the certificate of M. Ch. Cadron, was one hundred
francs.
Joseph Cesirre says that it is true that he took the plowshare,
but only because the said Lemay owed him fifteen francs for
his imprisonment at his house and that, if he had paid him, he
would not have done it.^
The Court condemned M. Cesirre to repay to the plaintiff what
it had cost him to have his sowing done, after retaining the fifteen
may date back to the British period, when Cesirre's father was judge and commandant at
Cahokia.
134 ILLINOIS HISTORICAL COLLECTIONS
rendre au demendeur Sa charue garni tel quel Etoit Lorsquil y a
touche. Et ce ches Luy a S* philipe. Et Le deffendeur a payer
Les fraix. apres avoir retenu quinze Livre que le Demendeur
Luy Doit pour L'emprissonnement ches luy.
f. saucier Clark G. Blin
a une Cour tenu Le 8 aoust 1782.
president G. Blin Louis Lebrun
piere Granmon Gabriel Baron
B^« Baron B^^ Dubuque
B*^ Alary Present
Demendeur Gabriel Cerre Deffendeur ant armant
Le demendeur poursuit le deffendeur pour une Somme de
mil Six Cent quarante Six livres tant pour un negre que pour une
terre quil Luy a ete adjuge a L'ancan de feu Sieur nicol Suivant
Son obligation, Et Expose en outre Led* sieur demendeur quil
auroit deja fait Sinifie audit Deffendeur de payer Son obligation
Et L'ayant refuse de faire, il demende L' interest depuis deux
ans que La Demende En a Ete faitte.
Le deffendeur repond par Sa requette que Ladite [sic] Negre
ayant Ete apres trois mois dachap attin [sic] Et Convincu d'avoir
Empoisonne son maitre Et Sa maitresse quil a Ete Contrain
par ordre de Livrer Led* negre a la Justice Et quil ne Devoit
pas Le payer.
Le demendeur repond Encore que Lorsque Le negre a Ete
vendu quil avoit ete Jusquil a Connu pour un Bon Sujet, et que
Si le Deffendeur ne lut point achete un autre L'auroit fait.
La Cour ayant examine Les demendes Et Deffence L'obli-
gation du Sieur ant armant EUe L'a Condanner a payer au de-
mendeur Son obligation ainsi que L'interest dud* obligation
depuis Son Echeance et les fraix.
La Cour Est ajourne au Jeudy 5 ybre.
fr saucier Clark G Blin
1 The name of the negro was Pompee, and he was under arrest at the time Manuel
and Moreau were convicted for poisoning the Nicolles. See supra, p. 13 et seq. This case
occupies the attention of several sessions. See pp. 137, 1Q3, 196, n. i.
COURT RECORD, AUGUST, 1782 135
livres which was owed him for imprisonment at his house, and
to return to the plaintiff the plow in the same condition it was
in when he meddled with it, and this at his house in St. Philippe;
and the defendant is to pay the costs.
F. Saucier, Clerk. G. Blin.
At a Court held August 8, 1782.
President, G. Blin. Louis Lebrun.
Pierre Grandmont. Gabriel Baron.
Bte. Baron. Bte. Dubuque.
Bte. Alarie. Present.
Gabriel Cerre, Plaintiff, vs. Ant. Harmand, Defendant
The plaintiff sues the defendant for a sum of one thousand
and forty-six livres, according to his obligation given for a negro
and a plantation which were adjudged him at the auction of the
late M. NicoUe's property; and the plaintiff further shows that
he has already notified the defendant to pay his obligation and,
since he has refused to pay, he demands interest for the two years
since the demand was made.
The defendant answers by a petition in which he affirms that
the said negro, three months after purchase, was arrested and
convicted of having poisoned his master and mistress ; and that
he had been compelled by order to deliver the said negro to
justice, and therefore he ought not to pay for him.^
The plaintiff answers that when the negro was sold, he had been
known for a person of good character; and that, if the defendant
had not bought him, some one else would have done so.
The Court, after examining the prayers, the defence and the
obligation of M. Ant. Harmand, condemned him to pay to the
plaintiff his obligation and the interest, since its maturity, and
the costs.
The Court adjourned to Thursday, September 5.
Fr. Saucier, Clerk. G. Blin.
136 ILLINOIS HISTORICAL COLLECTIONS
a une Cour du 9 7bre 1782.
President Geo. Blin Louis Lebrun
Pierre Granmon Gabriel Baron
B^® Baron Jean B*^ Dubuque
B*® alary Present
Demendeur Gabriel Cerre Deffendeur ant armant
Le demendeur represente a la Cour qu'en vertu de La San-
tance qui a Ete rendu Contre Le Deffendeur La Cour derniere,
il auroit fait Sinifier La ditte Sentance aud* Deffendeur mais
quayant reffuse de payer Son obligation, il demende une
Saisi Sur tout Les biens du deffendeur Et une Execution pour
parvenir au parfait payement.
Le deffendeur repond que tant qu'a L'article dune terre qui
Luy a Et^ adjug^ quil Est prest a La payer, mais que pour le
negre il en veut rapeller a La virginie et demende quil Luy Soit
permis de la faire.
Le deffendeur ayant Ete Condann^ a la cour derniere de payer
Son obligation ainsi quil Est Explique dans La Santance. Et
ne L'ayant pas fait La Cour a accorde au demendeur une Exe-
cution Sur Les Biens du deffendeur pour Etre vendu Jusqu'a
La Somme de son obligation ainsi que Linterest Et Les fraix.
Sauf au deffendeur apres a en rapeller ou Bon Luy Semblera.
La Cour Est ajourn^ a Jeudy 3^. 8bre.
f. saucier Clark G Blin
President G. Blin Louis lebrun
pierre Granmon Gabriel Baron
B*« Baron B^^ Dubuque
B*® alary Present
Joseph travercy ayant paru a pris Le Serment de fidelity
ainsi que celuy de cherif de la cour.
Joseph Lepage prdsente une requette par laquelle il demende
une assemble de parens et damy pour La nomination d'un tu-
teur a Leon Lepage.
La Cour a accord^ au Sieur Lepage Suivant Sa demende.
fr. saucier G. Blin
^ No date given.
COURT RECORD, SEPTEMBER, 1782 137
'•
At a Court, September 9, 1782.
President Geo. Blin. Louis Lebrun.
Pierre Grandmont. Gabriel Baron.
Bte. Baron. Jean Bte. Dubuque.
Bte. Alarie. Present.
Gabriel Cerre, Plaintiff, vs. Ant. Harmand, Defendant.
The plaintiff shows the Court that in virtue of the decree
which was rendered against the defendant at the last Court, he
had served notice of the said decree on the said defendant; but
since he refused to pay his obligation, he prays for a writ of
seizure on all the goods of the defendant and an execution in
order to obtain full payment.
The defendant answers that as to the item of a plantation
which was adjudged him, he was ready to pay for that; but that he
wishes to appeal to Virginia in regard to the negro, and prays
that' he be permitted to do so.
Since the defendant was condemned at the last Court to pay his
obligation, as was explained in the decree; and since he has not
done so, the Court granted the plaintiff a writ of execution on the
goods of the defendant in order that they be sold up to the sum
of the obligation, interest and costs, saving to the defendant the
right to appeal wherever it shall seem best to him.
The Court adjourned to Thursday, October 8.
F. Saucier, Clerk. G. Blin.
President G. Blin. Louis Lebrun.
Pierre Grandmont. Gabriel Baron.
Bte. Baron. Bte. Dubuque.
Bte. Alarie. Present.^
Joseph Travercy appeared and took oath of fidelity and also
that of sheriff of the Court.
Joseph Lepage presents a petition, in which he prays for an
assembly of relatives and friends to name a guardian for Leon
Lepage.
The Court granted this to M. Lepage according to his
prayer.
Fr. Saucier. G. Blin.
138 ILLINOIS HISTORICAL COLLECTIONS
a une Cour du 7^^ gbre 1782.
President G. Blin B*^ Dubuque
P. Granmon Gabriel baron
L lebrun Present
une requette presente par M^ fr. trottier qui demende La vente de
la maison de veuve lapierre, Suivant L'opignon des parrens et amy.
La Cour a accord^ aud* Sieur trottier Suivant Sa demende.
a une meme Cour une Comission de procureur des Etat presente
par M^ Labuxierre demendant Lenregistrement de la ditte Comis-
sion dans Les registre de ce Siege, Et a prete Serment de Son office.
La Cour a accorde aud* Sieur Labuxiere Suivant Sa demende.
a une meme Cour Joseph Belcour Demende par une requette
Son Ementipation dage pour Jouir de Ses Biens Et Se faire rendre
Compte.
La Cour a accorde aud* Belcour suivant Sa demende.
Demendeur Louis trottier Deffendeur J. B*® Lacroix
le demendeur poursuit Le deffendeur pour un Cochon quil
Luy a Ete tue dans Prairie comme ayant Passe par sa Cloture.
Le deffendeur repond que le meme Jour que les Cochon ont
passe par les Cloture quil y avoir deux autre Breche aux autre
autre [sic] cloture une a celle de L. trottier Et a celle de
cadien une autre Et quil pouroit Ce faire que Les Cochons
auroit par d'autre Breche que par celle de sa Cloture, Le
demendeur fait Serment quil na rien passe par La Breche de
Sa Cloture m^ Gagne fesant La visite Ce Jour La ayant paru
a fait Serment quil ne Se point apergu quil auroit passe de
Cochon par dautre Cloture que Celle de J" B*^ Lacroix.
Vue Des demendes et deffance le Sertificat de louis trottier La
declaration de raphael Gage Son Serment La Cour a Condanne Le
deffendeur a rendre un Cochon pareil au deffendeur ou a luy payer,
demendeur l. trottier Deffendeur B*^ Saucier
a une meme Cour le demendeur poursuit le deffendeur pour
un Cochon qui a passe par la Bariere Comme Son negre en est
le gardien.
1 The commission is printed on p. 487.
2 The gate was situated near the village close to the Jarrot house, which at the present
time is used as a convent school, and gave entrance to the common field .
COURT RECORD, NOVEMBER, 1782 139
At a Court, November 7, 1782.
President G. Blin. Bte. Dubuque.
P. Grandmont. Gabriel Baron.
L. Lebrun. Present.
A petition presented by M. Fr. Trottier, in which he prays for
the sale of the house of Madame Lapierre, widow, in accordance
with the vote of relatives and friends.
The Court granted this to M. Trottier according to his prayer.
At the same Court a commission of state's attorney was pre-
sented by M. Labuxiere, who prays for the registry of the said com-
mission in the records of this Court; and he took oath of office.^
The Court granted this to M. Labuxiere according to his prayer.
At the same Court Joseph Belcour prays by petition for his
writ of livery to enjoy his property and to have account rendered.
The Court granted this to the said Belcour according to his
prayer.
Louis Trottier, Plaintiff, vs. Jean Bte. LaCroix, Defendant.
The plaintiff sues the defendant for a pig of his, which was
killed in the prairie, and declares that it passed through the de-
fendant's fence.
The defendant answers that on the same day that the pigs
passed through the fence there were two other breaks in other
fences, one in L. Trottier's and another in Cadien's and points
out that it might have happened that the pigs passed through
another gap than through that in his fence. The plaintiff made
oath that nothing passed through the gap in his fence. M.
Gagne, who made the inspection that day, appeared and made
oath that he had not seen the pigs pass through other fences than
that of Jean Bte. LaCroix.
In view of the prayers, the defence, the certificate of Louis
Trottier and the declaration under oath of Raphael Gagne, the
Court condemned the defendant to deliver a similar pig to the
plaintiff or to pay him
L. Trottier, Plaintiff, vs. Bte. Saucier, Defendant.
At the same Court the plaintiff sues the defendant for a pig, which
passed the gate,^ of which the defendant's negro is the guardian.
I40 ILLINOIS HISTORICAL COLLECTIONS
Le deffendeur repond que led* Cochon a profits du moment
que legre [sic] ouvroit la Bariere au charette qui vont Et viene
Et neanmoins il auroit fait Son possible ainsi que le fis de Jo^
mesohville a empecher de passer led* Cochon a quoy il n'ont
pas reussir.
Le deffendeur produit un Sertificat de m^^ laflame qui declare
que le negre a fait tout Son possible pour ramener Led* Cochon
ainsi que les Enfans dud* demendeur Et quelle auroit entendu
dire par M<^® trottier revene La truye reviendra Sessoir.
Veu Les demendes Et deffence Le Sertificat La Cour a Con-
dann^ le demendeur a perdre Son Cochon vue que Cest une
chose que I'on a pas pu prevoir Et en outre que Sa femme ne
devoit pas les rapeller, Et faire que peut Etre il auroit ramener
Led* Cochon.
La Cour Est ajournd a jeudy 7, Dexenber 1782.
fr. saucier dark. G Blin
a une Cour du 27 Qbre Extraordinaire.
President Geo. Blin Louis lebrun
pierre Granmon Gabriel Baron
B*e Baron B*« Dubuque
Present
Demendeur M^® Beaullieu Deffendeur ant armant
Le demendeur poursuit le deffendeur pour une somme de
quartorze cent livres En pelleterie qui luy Sont due, Et Echu de-
puis quelque tems.
Le deffendeur repond qui ne luy Est pas possible de faire cette
Somme vue L' impossibility de trouver de la pelleterie Et que
qu'une meme Sil venderais tous Ses Biens il ne Suffiroit pas pour
faire Laditte Somme.
La Cour a ordonne au Deffendeur de prendre des arenge-
ment avec le demendeur.
Le deffendeur a prix des arrengement avec m^ trottier a qui
qui Le demendeur Doit pour La ditte Somme et est par ce moyen
liquider avec le demendeur.
f.> saucier, dark Gi,Blin
COURT RECORD, NOVEMBER, 1782 141
The defendant answers that the said pig profited by the mo-
ment that the negro opened the gate for a cart which goes and
comes, and yet the negro had done his best, as had also the son of
Jos. Maisonville, to hinder the said pig from passing, in which
they had not succeeded.
The defendant produces a certificate by Madame Laflamme, in
which she declares that the negro and also the children of the said
plaintiff did their very best to drive the pig back; and that she had
heard Madame Trottier say: "Come back, the sow will return
this evening".
Considering the demands, the defence and the certificate, the
Court condemned the plaintiff to lose his pig, seeing that what had
happened could not be foreseen, and furthermore that his wife
ought not to have recalled the children, and ought to have acted
so that they might, perhaps, have brought the said pig back.
The Court adjourned to Thursday, December 7, 1782.
Fr. Saucier, Clerk. G. Blin.
At a special session of the Court, November 27.
President Geo. Blin. Louis Lebrun.
Pierre Grandmont. Gabriel Baron.
Bte. Baron. Bte. Dubuque.
Present.
Madame Beaulieu, Plaintiff, vs. Ant. Harmand, Defendant.
The plaintiff sues the defendant for the sum of fourteen hun-
dred livres in peltries, which are due her and since some time fallen
due.
The defendant answers that it is impossible to make up this
sum because of the impossibility of finding peltries and that even
if he sold all his property, it would not be sufficient to make up the
said sum.
The Court ordered the defendant to make some arrangement
with the plaintiff.
The defendant made arrangements with M. Trottier, to
whom the plaintiff is indebted for this sum, and who will settle
with the plaintiff by this means.
F.^ Saucier, Clerk. G. Blin.
142 ILLINOIS HISTORICAL COLLECTIONS.
a une Cour 14 xbre par extraordinaire.
President George Blin Louis Lebrun
pierre Granmon J" B*^ Dubuque
Present
Demendeur ren6 Bouvet DefTendeur Louigau
Le demendeur poursuit Le deffendeur pour avoir Sans Luy
avoir porte aucune plainte contre Son negre Et Luy avoir donne
un Si mauvais Coup a la tete D'un Coup de Baton qui le
m'est or detat de travaille, Et demende quil soit trete au depend
du deffendeur, Et le tor que sela luy fait etant dans Des
travaux.
Le deffendeur repond quil auroit frape le negre apres luy avoir
dit par differentes fois de sortir de ches Luy Comme il alloit de-
mende a Son frere ce quil luy devoit Et que n 'ayant pas voulu Le
faire il L 'auroit frape.
Le demendeur represente que le Deffendeur n 'auroit pas
due frape Son negre d 'un Coup Si dangereux, Et que Si il
luy etoit venue porte Ses plainte quil luy auroit donne toutte
satisfaction.
Le deffendeur repond que Si le negre nut pas En Son absance
pri deux rat de Bois malgre sa femme Sous Le pretexte que
Cetoit son frere qui les avoit atrape Et qui devoit au negre du
demendeur.
Le negre ayant paru a dit que M^^ Louigau Luy avoit dit de
Les prendre et quil ne les auroit pas pris Sans Cela.
Madame Louigau ayant paru a prete Serment de dire La Verite,
Et a dit que le negre est venu ches elle luy demende ou etoit Son
Beau frere, a qui il avoit Loue Son cheval pour de La viande Et
que n 'ayant trouve que deux rat de Bois Sur Sa table que Son
Beau frere Luy avoit donne quil Les auroit pris malgre Elle, et
Etant retourne une Seconde fois, ches elle Et apres avoir repete
a Son mari La fayon d 'agir du negre En Son absence, Et qu'apres
avoir dit au negre de Sortir de ches Luy plusieur fois Et que
n 'ayant pas voulu Le faire il L 'auroit frape led* negre.
La Cour a ordonne que le deffendeur payeroit au demendeur
Cinquante franc, pour avoir maltrette Son negre de la fajon quil
COURT RECORD, DECEMBER, 1782 143
At a special session of the Court, December 14.
President, George Blin. Louis Lebrun.
Pierre Grandmont. Jean Bte. Dubuque.
Present.
Rene Bouvet, Plaintiff, i;5.Louis Gaud, Defendant.
The Plaintiff sues the defendant for having struck his negro,
without having made any complaint against him, so seVere a stroke
on his head with a club that he could not work; and he prays
that the negro be cured at the defendant's expense and that the
latter pay him for the injury to his work, which that loss of time
did him.
The defendant answers that he had struck the negro after having
told him several times to leave his house, when he demanded of
his brother what the latter was owing him; and that, when the
negro was unwilling to obey, he struck him.
The plaintiff shows that the defendant ought not to have
struck his negro so dangerous a blow, and that, if he had come
to make complaint to him, he would have given entire satisfaction.
The defendant answers that the negro should not have taken
in his absence two raccoons in spite of his wife, under pretext
that the defendant's brother, who was in debt to the plaintiff's
negro, had trapped them.
The negro appeared and said that Madame Louis Gaud had
told him to take them, and that he would not have taken them
otherwise.
Madame Louis Gaud appeared and made oath to tell the
truth, and said that the negro came to her house and asked
where her brother-in-law was, to whom he had let his horse in
exchange for meat; and that having found on her table only
two raccoons, which her brother-in-law had given to her, he took
them in spite of her; and when he returned a second time,
after she had told her husband of the action of the negro in his
absence, her husband told the negro several times to leave; and,
when he wouldn't do it, he struck the said negro.
The Court decreed that the defendant should pay the plaintiff
fifty francs for having maltreated his negro in the way he did ;
144 ILLINOIS HISTORICAL COLLECTIONS
La fait Et Le demendeur fera Donn^ a Son negre vingt cinq Coup
de f ouet pour punir insolance, et payeront Les fraix de Lextraor-
dinaire Entre eux deux.
La Cour Est ajournd a Jeudy 2 Janvier.
GBlin
a une Cour du 3^® avril 1783.
President G. Blin Louis lebrun
B*® Baron Gabriel Baron
B*e alary B*® Dubuque
Present
une requette pr^sente par le Sieur fr. trottier demendant a la
Cour quayant Et6 nome avec Les Sieurs Cecire Beaullieu et nicol
pour lexecution du testament de feu portemay, et que par le dec^s
de Ses trois derniere il nauroit pu rien faire a Ce Sujet et que Com-
me le feu Sieur Beaulieu En Etoit Lexecuteur testamenter il Suplie
Laditte Cour de vouloir Bien En nomer d 'autre affin de visiter
Les Comptes dud* sieur Beaullieu a Ce Sujet Et luy faire rendre
Compte Suivant Comme Le Cas L 'exige; demende En outre led*
Sieur trottier par Sa ditte requette que Se trouvant oblige par Ses
affaires de quitter Le village pour quelque terns il il [sic] prie tres
humblement Laditte Cour de vouloir Bien luy tenir de lieu et place
En Sa quality de Comd* aud* lieu, pour mintenir La Bonne
intelligence Et Lunion telle quelle a toujour r^gne.
La Cour a nome a Leffet de L 'execution du testament de feu
portemay Les Sieur B*® LaCroix G. Blin Et B*® Saucier Suivant
La Demende du Sieur trottier accorde ainsi que Ses autres de-
mendes.
a une meme Cour le Sieur pierre roy, porte plainte, que plusieurs
habitant refuse de faire Cloture Commune, Ettant oblig^ d'en
faire Comme d 'autre, au non et Comme Sindic.
La Cour a ordonne au Sindic de faire faire Les dittes Clotures au
depans de ceux qui le refuse, Lotorizant par notre ordre de le faire.
La Cour Est ajournd au i^® de may Jeudy.
fr. saucier Clark. G. Blin
1 Nicolle was poisoned in 1778. Michel Palmier called Beaulieu died in 1780 and
Joseph Cesirre about 1779-
COURT RECORD, APRIL, 1783 145
and that the plaintiff have his negro given twenty-five strokes
with the whip to punish his insolence; and that both shall
pay the costs of the special session.
The Court adjourned to Thursday, January 2.
G. Blin.
At a Court, April 3, 1783.
President, G. Blin. Louis Lebrun.
Bte. Baron. Gabriel Baron.
Bte. Alarie. Bte. Dubuque.
Present.
A petition presented by M. Fr. Trottier, in which he prays the
Court, since he had been named with MM. Cesirre,^ Beaulieu
and NicoUe to execute the last will and testament of the late
Portemay, and by the decease of these last three he had been able
to do nothing in the matter, and since M. Beaulieu was the testa-
mentary executor, that the said Court be willing to name another
to examine the accounts of the said M. Beaulieu in the case
and to have account rendered to him, as the case requires.
Furthermore the said M. Trottier prays the Court very humbly
that, since he is obliged by his private affairs to leave the
village for some time, the said Court will take his place as
commandant of the said village in order to maintain good har-
mony and union, such as has always reigned. ^
The Court named with a view to the execution of the last
will and testament of the late Portemay MM. Bte. Lacroix, G.
Blin, and Bte. Saucier, in accordance with the prayer of M.
Trottier, and granted him also his other prayers.
At the same Court Pierre Roy, personally and in his office as syn-
dic, makes complaint that several inhaitants refuse to build the com-
mon fence, although obliged to make part of it as are the others.
The Court ordered the syndic to have the said fences made at the
expense of those who refuse, authorizing him by our order to do so.
The Court adjourned to Thursday, May i.
Fr, Saucier, Clerk. G. Blin.
2 Trottier was preparing to go to Kentucky to appear before the Virginia commissioners
to prove his and his neighbors' claims to payment for supplies furnished the Virginia troops.
See Introduction, pp. arix. et seq.
146 ILLINOIS HISTORICAL COLLECTIONS
a une Cour du 8 may.
President B*^ dubuc B*^ alary
B^e Baron Ga^ Baron
Present
un [sic] requette presente a la Cour par philipe Laflame repr^sen-
tant que Comme il ny a point Eu D'invantaire de faitte des Biens
delesse par feu Charle Laflame Son pere Lorsque marie Joseph
Larche Ses [sic] remarie En Seconde noce Son age ne luy per-
mettent point de prendre Ses propre interest, il demante quil soit
Elu un Curateur, Et que led* invantaire Soit fait. Pour parvenir a
partage.
La Cour accorde a la demende de philipe Laflame.
La Cour Est ajourne a Jeudy 22 du Cour*.
fr. saucier Clark B Dubuque
a une Cour du 26 may 1 783 .
B*^ Dubuque B*^ alary
Pierre Granmon Louis lebrun
B*® Baron Gabriel Baron
Present
La Cour Etant assemble pour prendre les Serment des Sieurs
Jos^ Bellefeuil Louis lebrun fr Courie Jen. B*® dehay, ant La-
marche, pierre Quenel, et Jo^ Lapence, pour prendre leur place En
qualite de majistrat ayant Ete nome par le Sufrage des voix pour
remplacer les Encien majistrat. Les Susdit S^ Bellefeuil lebrun
Courie dehay Lamarche quenel Et Lapance ayant paru ont pris le
Serment de fidelite ainsi que Celuy d 'office Et ont pris leurs Place
En qualite de majistrat.
a une meme Court Joseph traversy a prix le Serment de fidelite
Et dofice de Bailif de la ditte Cour.
fr. saucier a prix le Serment de fidelite ainsi que celuy d 'office
En qualite de Greffier de la ditte Cour.
a une meme Cour une requette presente par Gabriel Baron
tant en Son nom que Comme ayant Epouse Marie Louise Butau
demendant que le retrait liage Soit accorde a Sa femme en faveur
dune maison que M^ Butau Son pere a vendu au S^ Lacroix
COURT RECORD, MAY, 1783 147
At a Court, May 8.
President, Bte. Dubuque. Bte. Alarie.
Bte. Baron. Gabriel Baron.
Present.
A petition presented in Court by Philippe Laflamme showing
that there never was made in fact an inventory of the property
left by his father, the late Charles Laflamme, when Marie
Joseph Larche entered into second marriage, since his age did not
permit him to look after his own interests; and he prays that a
curator be elected and the said inventory be made in order to
arrive at a partition.
The Court granted the prayer of Philippe Laflamme.
The Court adjourned to Thursday, the 22nd of the present
month.
Fr. Saucier, Clerk. B. Dubuque.
At a Court, May 26, 1783.
Bte. Dubuque. Bte. Alarie.
Pierre Grandmont. Louis Lebrun.
Bte. Baron. Gabriel Baron.
Present.
The Court assembled to receive the oaths of MM. Jos.
Bellefeuil, Louis Lebrun, Fr. Courier, Jean Bte. Deshayes,
Ant. Lamarche, Pierre Quenel and Jos. Lapanc^ that they
may take their places as magistrates, having been elected by
the votes to replace the former magistrates. The above men-
tioned MM. Bellefeuil, Lebrun, Courier, Deshayes, Lamar-
che, Quenel and Lapance appeared and took the oath of
fidelity and also that of office and took their places as magis-
trates.
At the same Court Joseph Traversey took the oath of fidelity
and of office as bailiff of this Court.
Fr. Saucier took the oath of fidelity and also that of office
as clerk of the said Court.
At the same Court a petition presented by Gabriel Baron
both in his name and as having married Marie Louise Buteau, in
which he prays that the right of lineage repurchase of a house be
148 ILLINOIS HISTORICAL COLLECTIONS
Comme Etant le propre heritage de Sa mere qui ne doit point
sortir de la famille en remboursant le prix dachat, aux meme
terme Et Condition quil La achetd.
La Cour a ordonnd que Gabriel Baron aura La possession de
laditte maison Et remboursera au S'^ Lacroix le prix dachat au
meme terme et Condition quil L 'a acquis.
Le Sieur Butau ayant paru a demend^ a la Cour Si il Luy
auroit Ete permis de ventre Sa maison a un de Ses Enfans que Son
intention Etoit de le faire, mais ayant Ecrit a M^ Labuxiere (aufifet
des Loix) a ce Sujet et quil luy auroit dit quil ne pouvoit pas le
faire.
La Cour a renvoyd la pr^sente affaire a Jeudy prochain netant
point de Sa Competance ou L 'on y fera paroitre Monsieur Labux-
iere.
La Cour Est ajourn^ a Jeudy 5 Juin.
fr. saucier Greffier pierre quenel
a une Cour du 5 Juin 1783.
president pierre Quenel Louis lebrun
fr. Courrie Joseph lapance
ant Lamarche Joseph Belief euil
Jn B^^ Dehay Present
Joseph Belfeuil ayant paru a pr^te le Serment de fidelity, aux
Etats, ainsi que Celuy de majistrat Et a pris Sa place En sa dite
quality de majistrat.
TRAVERSY Demendeur pour m^ reynal deffendeur m^
Granmon.
Le demendeur poursuit le deffendeur pour un Compte de medi-
cament montant a 27^^ Le deffendeur repond quil na point de
Connoissance du d^ Compte qu 'en partie, offrant dans faire
Serment.
La Cour a renvoye Le present procds a la cour prochaine ou
M'^. reynald paroirtra pour prouver son Compte.
1 The ''reirait lignager" (incorrectly spelled in the Record) was a survival in French law
from more primitive times, when property belonged to the family. After the individual's land
was separated from that of the family, it might be alienated by sale, but according to the
right of retraii lignager the nearest of kin might repurchase the land by repaying the purchase
money. Other methods of alienation of land were not subject to this right. The retrait
COURT RECORD, JUNE, 1783 149
granted to his wife.^ The petitioners explain that their father
sold the house to M. LaCroix, although it was the heritage of
their mother and should not have gone out of the family; and
that they are ready to pay back to M. LaCroix the purchase
money on the same terms and conditions that he bought it.
The Court ordered that Gabriel Baron shall have the possession
of the said house and shall repay to M. LaCroix the purchase
price on the same terms and conditions, that he bought it.
M. Buteau appeared and asked the Court if he would be per-
mitted to sell his house to one of his children. He says that he
intended to do so, but wrote on the subject to M. Labuxiere, who
is acquainted with the law, and who said that he could not do so.^
The Court, not being competent to answer, postponed the
present affair to next Thursday, at which time they will have M.
Labuxiere appear.
The Court adjourned to Thursday, June 5.
Fr. Saucier, Clerk. Pierre Quenel.
At a Court, June 5, 1783.
President Pierre Quenel. Louis Lebrun.
Fr. Courier. Joseph Lapancd.
Ant. Lamarche. Joseph Belief euil.
Jn. Bte. Deshayes. Present.
Joseph Bellefeuil appeared and took the oath of fidelity to the
States and also that of magistrate and took his place as magistrate.
Traversy, Plaintiff for M. Reynal,
vs. M. Grandmont, Defendant.
The plaintiff sues the defendant for an account for medicine
amounting to 27 livres. The defendant answers that he has no
knowledge of the said accoimt except in part, and offers to take
his oath thereto.
The Court continued the present suit to the next Court, when
M. Reynal will appear to prove his bill.
lignager was abolished in July, 1790. — De Farriere, Coutume de Paris, ii., 587 et seq.;
Viollet, Hist, du droit civil Frangais, 609; Glasson, Hist, du droit et des institutions de la
France, vii., 561 et seq.
2 Probably because of the complexity of legal rights growing out of the union of two or
more commimities of goods.
I50 ILLINOIS HISTORICAL COLLECTIONS
Demendeur traversy pour M. reynal deffendeur, M^*.
Henson
Le demendeur poursuit le deffendeur pour une Somme de
Cent huit livres suivant un Compte de medicament pour la maladie
de feu Son marie Et pour Eux.
le deffendeur a Ette assigne de paroitre pour deffendre Sa
Cause Et nayant point paru La Cour a ordonne que led^^ [sic]
deffendeur pay era Le demendeur Suivant son Compte.
Demendeur B*^ dumay Deffendeur pierre malet
Le demendeur poursuit le deffendeur disant quil auroit at-
trapd un poullin au bout de la prairie de legle Sous le pretex dit
il quil le Croyoit maron Et Comme Se poulin n 'a Ete reclame
de personne Et que le demendeur a En perdu un de meme age
Et Couleur en Consequence il p'roduit a la Cour deux Sertificat
qui disent avoir vue a la Suitte de la Jument du demendeur un
pareil poulin de meme age Et Couleur que celuy que le deffendeur
a attrap^.
La Cour a ordonne au deffendeur a livrer au demendeur Led*
poulin, Comme paroissant luy appartenir Et a deffendu aud*
deffendeur de ne prendre aucun animal Dans la Comune point
marque qui ne Soit Bien Sur quil luy appartienne nayant Eu
aucun droit de prendre celuy cy, Et au deffendeur a payer
Les fraix.
a une meme Cour une requette presente par Gabriel Baron
Et sa femme qui demende Lexecution de la Sentance rendu par
laditte Cour au Bas dune requette qui demende le retrait Lignager
des Biens fonds vendu par le S^ Butau Leur pere au S^ Lacroix.
En Consequence la Cour a ordonne quil Sera Sinifie au Sieur
turgeon de Deguerpir de laditte maison Sans delay moyenant que
les retreyanc luy fourniront un Logement pour trois mois telle que
led* Baron loffre dans Sa ditte requette En datte de Ce Jour, notre
oppignon Etant qui ne Soit pas necessaire quil Soit nomes arbi-
trages, La Loix Decidant Clerment de Ce Cas.
La Cour Est ajourn^ a Jeudy 2^^ de Juillet.
fr. saucier Clark pierre quenel president
1 See supra, p. 149.
COURT RECORD, JUNE, 1783 151
Traversy, Plaintiff for M. Reynal,
vs. Madame Henson, Defendant.
The plaintiff sues the defendant for the sum of one hundred
and eight livres according to an account for medicine for the
sickness of her late husband and for herself.
The defendant was summoned to appear and defend her cause ;
and not appearing, the Court ordered that the said defendant
shall pay the plaintiff according to his account.
Bte. Dumay, Plaintiff, vs. Pierre Mallet, Defendant,
The plaintiff sues the defendant, saying that the latter had
caught a colt at the end of the Eagle Prairie pretending that he
believed it wild; and since this colt had been reclaimed by no
one and the plaintiff had lost one of the same age and color, he
produced in Court two certificates from persons, who said that
they had seen following the plaintiff's mare a similar colt of the
same age and color as that which the defendant caught.
The Court ordered the defendant to deliver to the plaintiff
the said colt, since it appeared to belong to him, and forbade
the defendant to take in the commons any immarked animal which
he was not sure belonged to him, as he had no right to take
this one ; and ordered the defendant to pay the costs.
At the same Court a petition presented by Gabriel Baron and
his wife, in which they pray for the execution of the judgment
rendered by the said Court at the bottom of a petition demanding
the right of lineage repurchase of the landed property, which was
sold by M. Buteau, their father, to M. Lacroix.^
Accordingly the Court decreed that notice shall be given M.
Turgeon to give up the possession of the said house without de-
lay, in return for which the repurchasers shall furnish him lodgings
for three months, such as the said Baron offers in the said
petition dated this day. It is our opinion it is not necassary to
name arbitrators, since the law decides clearly in this case.^
The Court adjourned to Thursday, July 2.
Fr. Saucier, Clerk. Pierre Quenel, President.
2 One of the few cases where a body of law is mentioned. In this case the law referred
to is the Couiume de Paris.
152 ILLINOIS HISTORICAL COLLECTIONS.
a une Cour du ii Juin par Extraordinaire.
La Cour a Ete assemble au nom du public pour chaq 'un faire
Borner une quantity de terre dans la prairie du pont, Chaq 'un
Suivant leur Besoin pour la culture, ainsi que pour La Comune.
La Cour a desside, unanimement, quil Sera Dressd une acte Das-
semble Signe des habitant ou les Limites des terres, Et autre Con-
ventions Seront prescritte.
a une Cour du 3*® Juillet 1783.
president pierre quenel J. B*® dehay
fr. Courie Louis lebrun
ant. Lamarche Pres*
Demendeur Clatjde Gagn^ Deffendeur J B*® Gaff^
Le demendeur poursuit le deffendeur pour une Somme de^
Cent Cinquante livres En pelleterie pour avoir Et^ Engag^ par
M. Brisbois son Comis pour aler Jusq'ua chicagou Suivant le
mandat tirr^ Sur luy par son dit Comis.
Le deffendeur repond quil n'avoit point autoris^ Son Comis
a Engag^ personne luy ayant donn^ le monde necessaire pour
le voyage Et que led* Demendeur auroit Son recour sur son Com-
mis pour laditte Somme de Cinquante Ecus, Exept^ trente livres
En argent que le demendeur a Etd Convenu D'avoir pour aller
Jusq'ua payssa.
La Cour a Condann^ le deffendeur a payer au demendeur La
Somme de Cinquante Ecus Suivant L'engagement du demendeur
par M. BrisBois Son Commis pour avoir Ete Jusqua chicagou y
mener Ses voiture, Sauf au Deffendeur a avoir recour Sur son
Commis si il y a Eu tor de le faire, Et a payer les Fraix.
La Cour Est ajourne aux 7^^ aoust.
fr. saucier Greffier, pierre quenel
1 There are printed in this volume several documents in regard to the settlement of Prairie
du Pont. The right of the villagers to the land rested on a concession made to the Seminary
of Foreign Missions on June 22, 1722. The villagers were obliged to defend their rights
against several other claimants, but finally the land was confirmed to them by the United States.
COURT RECORD, JUNE, 1783 153
At a special session of the Court, June 11.
The Court was assembled in the name of the public in order
to have each establish the boundaries of a quantity of land in the
Prairie du Pont according to his needs for cultivation, and also
to lay out the commons. The Court decided unanimously that
there shall be drawn up an act of assembly signed by the inhabi-
tants, in which the limits of the lands and other agreements
shall be written.^
At a Court, July 3, 1783.
President, Pierre Quenel. J. Bte. Deshayes.
Fr. Courier. Louis Lebrun.
Ant. Lamarche. Present.
Claude Gagne, Plaintiff, vs. J. Bte. Gaffe, Defendant.
The plaintiff sues the defendant for a sum of one hundred and
fifty livres in peltries for a trip to Chicago, for which he was hired
by M. Brisbois, the defendant's clerk, according to a draft
drawn on the defendant by the said clerk.
The defendant answers that he did not authorize his clerk to
engage any one, since he had furnished him the men necessary for
the journey; and that the said plaintiff should have recourse against
his clerk for the said sum of fifty ecus^ except thirty livres in cash,
which the plaintiff has agreed to pay him for going to Payssa.^
The Court condemned the defendant to pay the plaintiff fifty
ecusj in accordance with the agreement with the plaintiff made
by M. Brisbois, the defendant's clerk, for conducting his boats
to Chicago, reserving to the plaintiff the right of recourse against
his clerk, if there was wrong in making the agreement, and to
pay the costs.
The Court adjourned to August 7.
Fr. Saucier, Clerk. Pierre Quenel.
Amer. Stale Papers, Public Lands, ii., 194; this vol., pp. 88, 581. The court parceled the
land among those who wished to settle there. See below, pp. 159, 565, 591.
2 Situated^about opposite the mouth of the Missouri River.
154 ILLINOIS HISTORICAL COLLECTIONS.
a une Cour du 4 gbre 1783.
President pierre Quenel Louis lebrun
fr. Courier Jos^ Lapance
ant. Lamarche Pres.
Demendeur Clement alary Deffendeur Joseph Cecire
Le demendeur poursuit le deffendeur Disant quayant Eu Son
Enfant ches luy auquel Sa femme auroit porte tons ses soin
pendant lespace de Six mois Et au bout duquel tems il auroit
retirer son d^ Enfant. Sans vouloir payer aud* demendeur Se
qui convient pour Ses peines.
Le deffendeur repond que Si il a Donne son Enfans a la femme
du Demendeur que Ce na Ete que par les Solisitation de la femme
du demendeur de prendre Son Enfans. disant que Cetoit le
dernier Service quelle pouvoit rendre a Sa mere delver Son Enfans.
Et quil ne luy en Couteroit rien. Et que neanmoins Son inten-
tion netoit pas de lesser Son Enfans Sans Satisfaire les personnes
qui En prenoit Soin.
La Cour a Condanner le Deffendeur a payer Six cent Livres
de farine pour Les Six mois que Son Enfans a Ete ches le demen-
deur. Et a payer Les fraix.
Demendeur m^^^ durand deffendeur fr arnous
le demendeur poursuit le deffendeur disant quayant Engage
le deffendeur pour aller dans riviere des Illinois moyenant un
Cheval quil luy donnoit a Son retour. mais qu'en ayant ref ue un
dans la riviere des Illinois duquel il etoit Contant, Et qu'apres
il auroit dit au nome Laforce charge de faire La traitte pour le
demendeur que Si il vouloit traitter un Cheval que les Sauvages
avoit amene a eux [ ?], quil le changeroit avec durant, moyenent du
retour, En consequence led* cheval auroit Etoit achete par led*
Laforce Et qu'apres il auroit Commender aud* francois de L' aller
En ferger a luar Et de revenir Ensuitte au Canot Et a la
traitte, Et que pandant Ce tems led* Cheval auroit Ete voler par
les Sauvages. Et demende Que le cheval luy Soit paye par led*
francois ou laforce.
Le Deffendeur repond qu'en Effet il auroit dit au nome Laf-
force quil Changeroit Led* Cheval avec durant, Si il le vouloit
COURT RECORD, NOVEMER, 1783 155
At a Court, November 4, 1783.
President, Pierre Quenel. Louis Lebrun.
Fr. Courier. Jos. Lapance.
Ant. Lamarche. Present.
Clement Alarie, Plaintiff, vs. Joseph Cesirre, Defendant.
The plaintiff sues the defendant saying that he has had the
latter's child at his house, and that his wife gave it all her care
for the space of six months and at the end of that time the de-
fendant had taken his child away without being willing to pay
what is right for their trouble.
The defendant answers that if he gave his child to the defend-
ant's wife, it was only because of her earnest request to take the
child, saying that the last service she could render its mother
was to bring up her child; and she said that it would cost him
nothing; and yet he said that it was not his intention to leave his
child at the plaintiff's without satisfying those who took care of it.
The Court condemned the defendant to pay six hundred
pounds of flour for the six months that his child was at the
plaintiff's and to pay the costs,
Marie Durand, Plaintiff, vs. Fr. Arnoux, Defendant.
The plaintiff sues the defendant, saying that he had engaged
the defendant to go to the Illinois river in return for a horse,
which he gave him upon his return; but that he had received
one, with which he was content, at the Illinois River; and that
after he had said to the named Laforce, who was commissioned
to conduct the trade for the plaintiff, that if he wished to trade
for a horse, which the savages had brought them, that he
would trade it with Durand and get something to boot, the
said horse had been bought by the said Laforce in conse-
quence; and afterwards the latter had ordered the said Francois
to go and tie it with withes and return immediately to the canoe
and to his business; and that during this time the said horse had
been stolen by the savages; and he demands that he be paid for
the horse either by the said Francois or Laforce.
The defendant answers that as a matter of fact he had said to
the named Laforce that he would exchange the said horse with
iS6 ILLINOIS HISTORICAL COLLECTIONS
mais que Comme durant ny Etoit point il nont fait auq'un
Echange Sertin Et quil avoit a Get Effets Executer Les ordre
dud* Laforce, quil avoit misle d* cheval ou il luy avoit Ete ordonn^
Et quapres Etre revenu au Canot led* Cheval auroit ete repris par
les Sauvages Suivant Comme il paroit puisquil na pas pu le
retrouver Et dit quil ne pouvoit pas En repondre ayant fait Ce
qu'on luy avoit ordonn^.
La Cour a Condanne led* demendeur a payer au deffendeur
un Cheval tel quil Est Convenu Sauf avoir Son recour sur led*
Laforce Si il a manqu^ a ce quil Etoit oblig^ de faire En Sa -place
Et a payer Les fraix.
fr. saucier, Grefl&er pierre quenel
a une Cour du 4 septbre 1783.
President pierre Quenel Louis lebrun
francois Couri^ Jos^ Lapanc^
ant. Lamarche Pres*
une representation fait a la cour par Mons. trottier disans que
Sur les defifences qui ont Ete faitte par la ditte Cour de traitter de
leau de vie au Sauvages dans le village sous peines de Confisca-
tion, Et quayant Su par des plainte qu'on luy a porte que M^
Isaac Levy a fait fait [sic] traitter dans le village Et enivre tons
Les Sauvages il auroit fait Saisir un tierson de tafia ches m'" Levy,
Et Comme il n'en a fait auq'un usage, il demande a laditte Cour
ce quelle ordonnera a ce Sujet La Cour a authorize M^ trottier a
faire Ce quil jugera a propos a Ce Sujet vue quil n'a fait quex-
ecuter Les deffence qui ont Ete fait pour Ce Sujet.
La Cour Est ajourne a Jeudy 2® 8^^^.
f. saucier Greffier pierre quenel
a une Cour du 29 Janvier 1784.
Presid* J. B*^ Lacroix J^ Lapancd
Jo^i Belfeuil J B*^ Dehay
Louis lebrun Present,
une requette presente par m^ ant Girardin demandant que
Chaque habitant fasse chaq'un Leur cloture Des terre quils ont
1 I have found no explanation for the cessation of the meetings of the court between
September and January. President Quenel died during this period.
COURT RECORD, SEPTEMBER, 1783 157
Durand, if he wished it, but as Durand was not there, they have
not made any certain trade; and that he had in these matters
executed the orders of the said Laforce, and had put the said horse,
where he was ordered; and after he returned to the canoe,
the said horse had been retaken by the savages, as it appeared,
since he could not find it; and he said that he could not be held
responsible, since he had done what they ordered.
The Court condemned the said plaintiff to pay the defendant
a horse, such as he had agreed to give, reserving to him recourse
against the said Laforce, if he has failed in what he was bound
to do in his place; and to pay the costs.
Fr. Saucier, Clerk. Pierre Quenel.
At a Court, September 4, 1783.
President, Pierre Quenel. Louis Lebrun.
Francois Courier. Jos. Lapance.
Ant. Lamarche. Present.
A report made to the Court by M. Trottier, in which he says
that on account of the prohibitions which were made by the said
Coiurt in regard to trading in liquors with the savages in the vil-
lage under pain of confiscation, and because he had learned from
complaints made to him that M. Isaac Levy was carrying on
trade in the village and intoxicating all the savages, he had caused
the seizure of a cask of tafia at the house of M. Levy; and as he
has made no other use of it, he asked the said Court what it will
decree on this subject. The Court authorized M. Trottier to do
what he shall judge best in this matter seeing that he had only
put into execution the prohibition which had been made.
The Court adjourned to Thursday, October 2.
F. Saucier, Clerk. Pierre Quenel.
At a Court, January 29, 1784.^
President, J. Bte LaCroix. J. Lapancd.
Jos. Bellefeuil. Jean Bte. Deshayes.
Louis Lebrun. Present.
A petition presented by M. Ant. Girardin, in which he prays
that each inhabitant should make his own fence along the front
of the land which he has taken up in Prairie du Pont, and that the
158 ILLINOIS HISTORICAL COLLECTIONS
pris dans la prairie du ponds Et chaq'un Sur La deventure a
leur terre Et que la Cour aye a ordonne auxd** habitant un terns
fixe pour lad**^ cloture Et que les vielle Cloture du cul de Sac Se
releve pour Etre transports au bout des autres.
La Cour a ordonnd que chaque habitant qui ont pris des terres
dans La prairie du pond y fasse Leur Cloture dicy a la fin d'avril,
Et Quetant qu'au trensport des vielle Cloture il En cera decide
par la pluralite des voix des habitant qui ont des terres dans le cul
de Sac pour Eviter toutte dificulte.
La Cour Est ajourne a Jeudy 5 de fevrier 1784.
a une Cour du i avril, 1784.
Pres^* J. B^^ Lacroix Louis lebrun
fr. Courrie J^ Lapance
ant Lamarche J^ Belfeuil
J. B*^ Dehay Present
La Etant assemble pour prendre le Serment de fidelite ainsi
que celuy d'huissier de la Cour. de Gaspar Marchand.
Gaspar Marchand ayant paru a prete Serment de fidelte ainsi
que Celuy Dhuissie de la Cour.
Demendeur B^^ dumay Deffendeur pierre malet
Le demendeur fait Sa representation a la cour Contre Le
Deffendeur disant qu'en vertu d'une santance rendu le 5 de
Juin Dernier Contre led^ Deffendeur au Sujet d'un Cheval quil
a Ete ConDanne par Laditte Sentance a Luy rendre Et quapres
il auroit Change pour une vache, mais quil y a quelque Jour que
led^ Deffendeur Est venu ches Luy prendre Laditte vache malgrS
Luy Et la mene ches Thomas Brady.
La Cour a ordonne que la vache du demendeur Soyt par Le
demendeur remene a I'endroit ou Elle a Ete prise, Sous vingt
quatre heurs Et Condanne a paye tout fray Depend domage Et
interet, Et En outre Laditte vache Sur Ses risques Jusqua ce quelle
Soit remiser.
Demandeur J. B^^ Gaffe' Deffendeur Th. Brady
a une meme Cour Le demendeur poursuit Le deffendeur
disant, quil auroit a la demende dud* deffendeur Lessd son cheval
1 See supra p. 152, note i.
COURT RECORD, APRIL, 1784 159
Court should fix for the said inhabitants a limit of time to make
the said fence; and that the old fence of the ctd de sac be taken
up and moved to the end of the others.
The Court decreed that each inhabitant, who has taken up
land in the Prairie du Pont, should build his fence there between
now and the end of April; and, in order to avoid all difficulties,
that it shall be decided by the plurality of the votes of the inhabi-
tants, who have land in the cul de sac, in regard to removing
the old fence. ^
The Court adjourned to Thursday, February 5, 1784.
At a Court, April i, 1784.
President, Jean Bte. LaCroix. Louis Lebrun.
Fr. Courier. Jos. Lapance. .
Ant. Lamarche. J. Bellefeuil.
Jean Bte. Deshayes. Present.
The Court assembled to receive the oath of fidelity and also
that of huissier of the Court from Gaspard Marchand.
Gaspard Marchand appeared and took the oath of fidelity
and also that of huissier of the Court.
Bte. Dumay, Plaintiff, vs. Pierre Mallet, Defendant.
The plaintiff makes his representation to the Court against
the defendant, in which he says that, by virtue of a decree
rendered the 5th of June last against the said defendant, he had
been condemned to deliver to the plaintiff a horse, which after-
wards the latter had exchanged for a cow; but that a few days
ago the said defendant came to his house and took the said
cow in spite of him and had led it to Thomas Brady's.
The Court decreed that the plaintiff's cow be brought back
within twenty-four hours by the defendant to the place from which
he had taken it; and condemned him to pay all costs, expenses,
damages and interest; and furthermore that he should be respon-
sible for the cow until it was returned.
J. Bte. Gaffe, Plaintiff, vs. Thomas Brady, Defendant.
At the same Court the plaintiff sues the defendant, saying that
he had, at the request of the said defendant, left his horse in
the latter 's care at his house, on condition that he would take
i6o ILLINOIS HISTORICAL COLLECTIONS
pour en prendre soin ches Luy Sous Les Condition quil prendroit
trois voyage de foin dans La Grange de B*^ Saucier. Et quapres
40 ou 45 Jour il Luy auroit rendu son d* Cheval disant quil
n'avoit plus de foin. En Consequence Le demendeur represente
quil nest pas possible quen ci peu de terns Son cheval aye pue
menger tout Ce foin Et quen outre, il auroit Ete deja arbitrer pour
Cette affaire par les Sieurs J. B*® Lacroix pascal Pillet Henry
Biron Et Joseph Bissonette ou led* deffendeur naurait pas voulu
paroitre que Dans les deux voyage de foin que led* deffendeur
avoit Enleve il En pouvoit avoir le moin trois Edemy [sic] par le
terns quil a Etd Dans La grande Et vue La differance quil y a
venant des champs.
Le deffendeur ne repond autre Chose Sinon quil Luy Soit per-
mis de nomer Des arbitres ainsi que sa partie adverse pour decider
Leur Differanc. La Cour a accordd a sa demende Et ardonn^
[sic] que Celuy qui perderoit par Larbitrage payeroit Les fraix
de Justice.
La Cour Est ajournd au 6 de may prochain.
fr saucier Greffier J B H LaCroix
a une Cour du 13^® avril 1784 Par Extraordinaire.
President J B*^ Lacroix Louis lebrun
ant Lamarche Jo^ Lapance
J B*^ Dehay J^ Belfeuil
Presente
une requette repr^sentd par philipe Gervais disant qu'au nom
Et Comme Subroge tuteur de leon lepage il demende quil soit
nome une personne pour faire Le recouvrement de L'encan
presentement Echu.
La Cour a ordonn^ quil soit fait une assemble de parans Et
damis pour le Contenue En La ditte requette.
^ The method of arbitration for ending htigation was very comrnon under French law,
and frequent examples of the procedure occur in the Record. The great majority of civil
suits might be arbitrated, exceptions being such as the spiritual rights of benefices, the
status of persons, validity of marriages, etc. It was required that both parties agree to
submit^ their dispute to arbitrators, who were obliged to render their decision within a
determined time. One or more persons were chosen by the parties to act in this capacity.
These were empowered, if the number of arbitrators was even, to choose another All free
males of sound mind and of age might act, but judges in whose court the suit was pending
were debarred. As far as the persons of the litigants and the question in dispute were con-
cerned the arbitrators had the same powers as judges; but they could not constrain witnesses
to appear before them. They might base their decision on other considerations than exact
GOURT RECORD, APRIL, 1784 161
three loads of hay in Bte. Saucier's barn; and that after 40 or
45 days he had brought the horse back to him, saying that he
had no more hay. Accordingly the plaintiff shows that it is
impossible that his horse could have eaten in so short a time
all that hay; and furthermore that this cause would have been
already arbitrated by MM. J. Bte. LaCroix, Pascal Pillet, Henry
Biron and Joseph Bissonette, if the defendant had not been
unwilling to appear. Furthermore he says that the defendant
could have taken three and a half loads of hay in the two load-
ings, judging by the time it had been in the barn and considering
the difference there is between such and that coming from the
fields.
The defendant makes no other answer than to request that
he be permitted to name arbitrators, as well as his opponent, to
decide their difference. The Court granted his request and
ordered that the one losing by arbitration should pay the costs of
justice.^
The Court adjourned to the 6th of May next.
Fr. Saucier, Clerk. J. B. H. LaCroix.
At a special session of the Court, AprD 13, 1784.
President, J. Bte. LaCroix. Louis Lebrun.
Ant. Lamarche. Jos. Lapancd.
J. Bte. Deshayes. Jos. Bellefeuil.
Present.
A petition presented by Philippe Gervais, in which he says that
in the name and as surrogate guardian of Leon Lepage he prays
that there be named some one to make recovery of the notes given
at the auction, now due.^
The Court ordered that there be held an assembly of relatives
and friends to decide on what is contained in this petition.
justice. They might, also, make either of the litigants take oath and permit their decision to
turn thereon, as did the judges. They had no power to put their verdict into execution. This
was done by the judge who confirmed it. Appeal was permitted to either party, provided he
had not signed the verdict. Jousse, Traitte de I'admtnistration de la justice, II., 683 et seq.
This method of deciding suits, to which the French were accustomed, was adopted by
the British commandants in the Northwest,who were empowered by their government to take
charge of both the military and civil matters in their localities. — Howard, Local Constitutional
History of the United Slates, i., 430.
2 It appears to have been the common custom to give credit to the purchasers of goods at
auctions.
i62 ILLINOIS HISTORICAL COLLECTIONS.
a une meme Cour une requette presente par mad^ veuve Le-
page demendant de ce decharge de la tutelle des mineurs Barsa-
lous dont Son deffunt marie Etoit Charge.
La Cour ayant Examine que les dit mineurs Barsalou nont
point de parans plus pres que le S'^ ant Boyd Elle Conclu quil
Soit Charge de la ditte tutelle Et que m^^ V® Lepage En Soit
Decharge.
a une meme Cour une requette presente par mad® G Blin
demendant quil soit nome une personne pour Lexecution testa-
mentaire de Michel Gaudimcire Dont son deffunt marie Etoit
Charge.
La Cour ayant Examine quil ny avoit personne plus Cap-
able que M^ J B^® Lacroix pour substitue au Lieu et place du def .
Sieur Blin, En Consequence Elle la nome pour laditte Execution.
Derriendeur pierre roy Deffendeur Jo^ Lember
Le demendeur poursuit le deffendeur pour un Billet quil luy
a Consenty, Sous sa marque fait En pelleterie, mais Comme Led*
deffendeur croyoit Le devoir en argent, il demende au deffendeur
de faire Serment que les Effest quil luy a Vendu que Se soye
En pelleterie quil Le Luy a vendu Le deffendeur ne voulant
pas faire serment a Diminuer moitie Sur led* Billet. Et Le
deffendeur a payer Les fraix.
a une meme Cour fr. Saucier porte plainte que Bien Des per-
sonne Se refuse a payer Les fraix de Justice, En Consequence il
demende a la Cour quil Soit maitre de Ce faire payer par Celuy
qui ataquera quelque proces Si il Est plus En Etat de payer
ou maitre Dexiger un Cotion Des parties pour repoiidre Des
fraix Et tous Les fraix payer En pelleterie suivant L'encien
tarif.
fr. saucier J B H LaCroix.
1 A note for peltries was worth half as much as one for a similar amount of money.
The connection of the oath with the case is not clear, but no proof was needed, since the note
was made out for peltriCiS.
COURT RECORD, APRIL, 1784 163
At the same Court a petition presented by Madame Lepage,
widow, praying for her discharge from the guardianship of the
minors Barsalous, with which her deceased husband had been
intrusted.
The Court having inquired and learned that the said minors
Barsalous have no relative closer than M. Ant. Boyer, decided
that he be charged with the said guardianship, and that Madame
Lepage be discharged.
At the same Court a petition presented by Madame G. Blin
praying that there be named some one to put into execution the
will of Michel Guadimcire, with which her deceased husband was
intrusted.
The Court, after inquiry, decided that there was no person
more fitted to be substituted for M. Blin than M. J. Bte. Lacroix,
and therefore appointed him to put into execution the said will.
Pierre Roy, Plaintiff, vs. Jos. Lember, Defendant.
The plaintiff sues the defendant for a note to which he has
consented over his mark, and which is made out for peltries; but
as the defendant [plaintiff?] believes that the debt is in money,
he demands that the defendant make oath that the goods which
the plaintiff sold him were sold for peltries. The defendant
not wishing to make oath has diminished his note by half.^
The defendant was condemned to pay the costs.
At the same Court Fr. Saucier brings complaint that many
persons refuse to pay the costs of justice, and he therefore prays
the Court that he be empowered to make the party bringing any
suit pay, if he is better able to pay, or be empowered to exact
surety from the parties to answer for the costs and that all costs
be paid in peltries according to the former rate.^
Fr. Saucier. J. B. H. LaCroix.
* The practice of making the most responsible party pay the cost of the suit caused great
criticism at Vincennes, but in Cahokia the rule, which commonly prevailed from now on, that
the successful litigant pay the costs and be reimbursed by the loser seems to have worked with-
out friction, or, at least, did not hinder Utigation.
i64 ILLINOIS HISTORICAL COLLECTIONS
a une Court du 6^® may 1784.
President, J. B^® Lacroix Louis lebrun
fr. Courri^ Jos^ Lapance
J B*® Dehay ant. Lamarche
Pres*
Demendeur J B*^ Lacroix Deffendeur fr. Gerome
Le demendeur poursuit Le deffendeur pour une somme de
douze Livres quinze Sols pour sa part d'un tier^on de vin Dont
plusieurs autres En ont paye Leur part Et Comme led^ deffend-
eur si Est trouvd Le demendeur Demende Egalement sa Code
par.
Le deffendeur repond que Si paul poupar ne Lut inviter de
Si trouver sans luy dire ce quil luy En couteroit ni meme qui devoit
Luy En Couter aucune chose. Cest La raison qui Luy fait dire
qui ne veut rien payer.
La Court a ordonne que puisque paul poupar Lavoit invito a
venir Souper ches m^ Lacroix quil tiendray Compte Luy meme
de la Somme reclame par Le demendeur, Et le deffendeur a
pay^ Les fraix.
a une meme Cour Joseph Billet d* Grolet Demendeur poursuit
charle Lefevre deffendeur pour La Somme de Cinquante livres
pour saler d'un fournau quil luy a fait.
Le deffendeur repond que le demendur na pas remplis Les
Engagement quils avoit Ensemble Et Comme les preuve ne Sont
pas presentes, ils demande que leur differends Soit decide par
Des arbitres. La Cour a accordd a leur Demende, Et au perdant a
payer tous fraix.
a une meme Cour Joseph Cecire poursuit pierre Granmon au
Sujet dune petite fille orpheline que prenouvau Luy a Lesser ches
luy, sous les Convention verbal de La Garder Jusqu'a ce quelle
se produisse, Et que led* Granmon a retirer de ches Luy.
pierre Granmond ayant Paru a dit que led* prenouvau luy a
lesser un pouvoir de retirer Laditte pettitte fille Si elle netoit pas
Bien ches led* Cecire, Et Soffre a produire Led* pouvoir Et Les
preuve du manuvais traittement quil fesoit a Laditte pettitte
fille.
COURT RECORD, MAY, 1784 165
At a Court, May 6, 1784.
President, J. Bte. LaCroix. Louis Lebrun.
Ant. Lamarche. Jos. Lapanc^.
J. Bte. Deshayes. Fr. Courier.
Present.
J. Bte. LaCroix, Plaintiff, vs. Fr. Gersome, Defendant.
The plaintiff sues the defendant for the sum of twelve livres
fifteen sols for his share of a cask of wine, for which several others
have paid their shares; and, as the said defendant was present,
the plaintiff demands an equal share from him.
The defendant answers that if Paul Poupar had not invited
him to be present without telling him what it would cost him or
even saying that it was going to cost him anything; and that is
the reason that he said he would pay nothing.
The Court decreed that, since Paul Poupar had invited the
defendant to supper at M. LaCroix's, he shall be held accountable
for the sum claimed by the plaintiff. The defendant was con-
demned to pay the costs.
At the same Court Joseph Billet called Grolet, plaintiff, sues
Charles Lefevre, defendant, for the sum of fifty livres for wages
for work on a kiln, which the defendant made for him.
The defendant answers that the plaintiff did not fulfill the
agreement, which they had made; and since there are no proofs
to present, they pray that their difference be decided by arbitra-
tors. The Court granted their prayer and ordered the loser to
pay all costs.
At the same Court Joseph Cesirre sues Pierre Grandmont in
regard to a little orphan girl whom Prenouvau left at his house,
with the verbal agreement that he was to keep her until she could
support herself, and whom the said Grandmont has withdrawn
from his house.
Pierre Grandmont appeared and said that the said Prenouvau
left him the authority to withdraw the said little girl, if she was not
well treated at the said Cesirre's, and offers to produce the said
authority and the proofs of bad treatment, which the plaintiff gave
the little girl.
i66 ILLINOIS HISTORICAL COLLECTIONS
La Cour a ordonne qu'a La Cour prochaine Led* Granmon
produissent ses preuvent [sic] Et aux perdans a paye Les fraix. ^
La Cour Et ajourn^ a Jeudy 13^^ du Cour*.
f. saucier Greffier J B H LaCroix
a une Cour du 20^® may 1784.
President J. B*® Lacroix. Louis lebrun.
fr. Courie. Jos^ Lapance
J. B*® Dehay. ant Lamarche.
Pres*
par une Nouvelle Ellection pour remplacer Les majistrat cy
dessus Nomme a Ette, nominee LesSieurs J. B*^ Lacroix J B*®.
Saucier, J B*^ Dumay, Joseph Bissonnette Louis Chatel pierre
roy, Et Louis pillet.
J B*^ Lacroix B*^ Saucier B*^ Dumay Jos^ Bissonnette Louis
Chatel pierre roy Et Louis pillet ayant parus ont prete Serment
de fidelite ainsi que celuy d' office, Et ont pris Leurs place En
leurs Qualite de majistrats.
fr. Saucier demende Qu'en vertu de la Saisie quil a optenu Sur
Cent vingt Et une livres De Suif Et neuf pot Et painte d'huille,
appartenant a B*® Lamarche D'Etre hotorize a faire vendre lesd*'
articles pour Etre La Somme Endoce sur son Billet.
La Cour a acorde aud* fr. Saucier sa Demande.
La Cour Est ajourne a Jeudy 3^^ Juin.
J B H LaCroix.
a une Cour du 3^^ Juin 1784.
President J B^^ Lacroix Jos^ Bissonette
Pierre Roy B*^ Saucier
J B*^ Dumay Louis chatel
Present.
Le S^ John Reeve produit une Sentance arbitrale Entre
Luy Et Le S^ pierre Lagauterie demandant Quelle Soit approuv^
par La Cour Et mis en Execution.
a une meme Court Pierre Prevost au nom Et Comme fesant
pour Gabriel Cerre poursuit pierre Lafleur dans Sa requette
disant Quetant Condanne par M^ Le comd* de St Louis de faire
COURT RECORD, MAY, 1784 167
The Court decreed that at the next Court the said Grandmont
should produce his proofs, and the loser was to pay the costs.
The Court adjourned to Thursday, the 13d of the current month.
F. Saucier. J. B. H. LaCroix.
At a Court, May 20, 1784.
President, J. Bte. LaCroix. Louis Lebrun.
Fr. Courier. Jos. Lapanc^.
J. Bte. Deshayes. Ant. Lamarche.
Present.
To replace the magistrates above named there have been
elected by a new election MM. J. Bte. LaCroix, J. Bte. Saucier,
J. Bte. Dumay, Joseph Bissonnette, Louis Chatel, Pierre Roy and
Louis Pillet.
J. B. LaCroix, Bte. Saucier, Bte. Dumay, Jos. Bissonnette, Louis
Chatel, Pierre Roy and Louis Pillet appeared and took oath
of fidelity and also that of office and have taken their place as
magistrates.
Fr. Saucier prays that, in virtue of the seizure, which he has
obtained, of one hundred and twenty-one pounds of tallow and
nine pots and a pint of oil, belonging to Bte. Lamarche, he be
authorized to have the said articles sold to obtain the sum
endorsed on his bill.
The Court granted Fr. Saucier his prayer.
The Court adjourned to Thursday, June 3.
J. B. H. LaCroix.
At a Coiu-t, June 3, 1784.
President J. Bte. LaCroix. Jos. Bissonnette.
Pierre Roy. Bte. Saucier.
J. Bte. Dumay. Louis Chatel.
Present.
M. John Reeve produces a decree by arbitration between him-
self and M. Pierre Lagauterie and prays that it be approved by
the Court and put into execution.
At the same Court Pierre Prevost, in the name of and as acting
for Gabriel Cerre, sues Pierre Lafleur in his petition, in which he
says that he [the plaintifif] had been condemned bv the comman-
i68 ILLINOIS HISTORICAL COLLECTIONS
racomoder une voiture appartenant au S^ Ducharme Quil avoit
pris dans La rivierre des Illinois Et Sans ordre, ou La paye, Si
elle Etoit or d Etat de PEtre mais Quetant venu pour le faire Et
nayant pas trouve Laditte voiture, et ayant Sur que Cetoit led*
Lafleur qui Lavoit prise pour charoyd de la pierre pareillement Sans
ordre de personne demande led* Prevost que led* Lafleur soit
Condanner a racommoder lad*® voiture ou La paye Si elle Est
or d Etat de I'etre, Et a tous depens.
pierre Lafleur repond quil Est vray quil a pris la voiture, mais
que Setoit par La permission de B*® Baron Comme Croyant
Lad*'=^ voiture au S^ L. DuCharme.
B*® Baron ayant paru a dit quil n' avoit point permis aud*
Lafleur de la prendre Quil Luy avoit Seulement dit aud* Lafleur
de la demender a Charle Lefevre Comme Luy ayant Et6 adress^
icy, mais disant toujour que led* Baron luy En avoit donnd
La permission Et led* Baron disant toujour que non, led* Lafleur
demande aud* Baron son Serment Et qualors il Si Conformera.
B*® Baron ayant paru a fait Serment quil n'avoit Pas d* aud*
Lafleur de prendre Laditte voiture Comme appartenant a M*"
Ducharme mais Quil luy Seulement dit de la demender a Ch^®
Lefevre Comme L'ayant Sous Sa garde.
La Cour a Condanne led* Lafleur a mettre La Ditte voiture
En Etat de faire routte ou a La payer, Conformenent a la requette
dud* Prevost. Et led* prevost payera les fraix de Justice pour
Sen Etre Servis Sen ordre.
a une Cour du 6^® de may dernier il a Et6 ordonne que pierre
Granmon produiroit ses preuve pour avoir retirer La petitte fille
de prenouvau de ches Jos^ Cecire.
Pierre Granmon ayant paru a produit un pouvoir dud* pre-
nouvau de retirer sa fille de ches Jos^ Cecire Si elle Etoit maltret^
male a propos. Et a produit pierre Charpantier pour temoigner
Les mauvais traitement faitte a la d*® petitte fille par Jos^ Cecire
et Sa femme.
Pierre Charpantier ayant paru a pT6t6 Serment de dire La
1 Voiture had generally in the Mississippi valley the meaning of a large flatboat; but,
since it is also the common word for boat, I have not translated it as a particular kind. On
page 182 it is used as synonymous with pirogue, which is a large dugout.
COURT RECORD, MAY, 1784 169
dant of St. Louis to have repaired a boat ^ belonging to M. Du-
Charme, which he had taken without permission into the
Illinois River, or to pay for it, if it was beyond repair; but that
when he came to do it, he had not found the said boat; and,
since he has learned that the said Lafleur had taken it to carry
stone, likewise without permission of anyone, the said Prevost
prays that the said Lafleur be condemned to repair the said boat
or pay for it, if it is beyond repair, and to pay all expenses.
Pierre Lafleur answers that it is true that he took the boat;
but that it was with the permission of Bte. Baron and because he
believed that the boat was M. L. DuCharme's.
Bte. Baron appeared and said that he had not permitted the
said Lafleur to take it; that he had only told the said Lafleur to
ask permission from Charles Lefevre, who had been sent to him
here. But since Lafleur persisted in saying that the said Baron
had given him permission, and the said Baron persisted in saying,
"No", the said Lafleur demands of the said Baron his oath, and
says that then he will agree.'
Bte. Baron appeared and made oath that he had not told the
said Lafleur to take the said boat, since it belonged to M. Du-
Charme; but that he had only told him to ask permission of
Charles Lefevre, who had charge of it.
The Court condemned the said Lafleur to put the said boat
in condition for use, or to pay for it, according to the petition of
the said Prevost. And the said Prevost shall pay the costs of
justice for having made use of the boat without permission.
At a Court of the 6th of May last, it was decreed that Pierre
Grandmont should produce his proofs to justify his withdrawal
of Prenouvau's little daughter from the house of Jos. Cesirre.
Pierre Grandmont appeared and produced an authority from
the said Prenouvau to withdraw his daughter from Jos. Cecirre's,
if she was undeservedly badly treated, and brought forward
Pierre Charpentier as witness of the bad treatment given the said
little girl by Jos. Cesirre and his wife.
Pierre Charpentier appeared and made oath to tell the truth
in answer to the questions put to him, and said that he was present
I70 ILLINOIS HISTORICAL COLLECTIONS
verity Sur Les question qu'on luy feroit, Et a dit, quil s'est trouv^
present plusieurs fois aux movais traitement que recevoit la ditte
petitte fille ches Cecire, meme Dans La rigeur du frois mal vetu
Et Etre oblige de Soufrir des cruautd Et sans humanite de la part
de Cecire Et Sa femme. Suivant le pouvoir donn6 aud* Granmon
par prenouvau La declaration de pierre charpantier La Cour Est
Dopignon que led^ Granmon gardera La petitte fille Et condane
led* Cecire a payer tous fraix de Justice. Le deboutant de touttes
ses demandes a ce sujet.
Joseph L' ember poursuit Joseph Pelleti^ pour une terre Dans
La prairie du pond Suivant Laccord Entre Les habitant, mais
Comme il S'est trouve une Grande difficulte pour la Clauture de
cett ditte terre meme dans le tems le plus priere, il a Ete Convenu
par une assemble pour la Surete des dittes Clauture que
Celuy qui n'assureroit pas de faire Sa Clauture Seroit donne
a une autre, En Consequence m^ Girardin accompagne d'un
tdmoin demande a tous Ceux qui avoit des terres Si il vouloit
Claure ou abandonner leur terre. led* Lember ne luy ayant
Donne aucune reponce assure, Suivant sa declaration la fait faire
par un autre Et qui Jouit de la terre.
La Cour Est Dopignon que Les parties prendrons des arbitres
pour terminer Leurs differants Et aux perdant a payer Les fraix
de Justice.
La Cour Est ajourn^ a Jeudy i^^ Juillet.
J B H LaCroix
a une Cour Extraordinaire du 9^® Juin
Pres^* J. B*^ Lacroix. Jos^ Bissonnette
Louis Chatel. B*^ Saucier
pierre roy Louis Pillet
B*® Dumay Pres*
Demendeur M^^ Beausolieil Deffendeur ant armant
une requette pr^sente par M^ Labuxiere au nom Et Comme
Chargd du pouvoir de M^^ pourre Beausoleil de poursuivre le
S^ ant armant pour Somme de deux Mil Cinq Cent quarante
livres tant En argent q'en Pelleterie Et Neuf Cent quatre Livres
de farine le tout par Ses Billet.
COURT RECORD, JUNE, 1784 171
several times, when the little girl was badly treated at Cesirre's,
that he had seen her in the rigour of cold badly clothed, and that
she was obliged to suffer cruelties and without pity from Cesirre
and his wife. In consideration of the authority given the said
Grandmont by Prenouvau and of the declaration of Pierre
Charpantier, the Court is of the opinion that the said Grandmont
shall keep the little girl, and condemns the said Cesirre to pay
all the costs of justice and denies all his prayers on the subject.
Joseph Lember sues Joseph Pelletier for a piece of land in the
Prairie du Pont, which was taken up in accordance with the
agreement among the inhabitants; but as there was found to be
great difficulty about the fence of this said land even in the
longest time requested, it was decided by an assembly that for
the surety of the said fences, if anyone should not secure his
land by building his fence, it would be given to another. Conse-
quently M. Girardin, accompanied by a witness, demanded of
all those, who had lands, if they wished to build the fences or
abandon their land. Since the said Lember gave no definite
answer, according to M. Girardin's affidavit he had had it built
by another, who is enjoying the land.
The Court is of the opinion that the parties should take arbitra-
tors to settle their difference, and condemns the loser to pay the
costs of justice.
The Court adjourned to Thursday, July i.
J. B. H. LaCroix.
At special session of the Court, June 9.
President, J. Bte. LaCroix. Jos. Bissonnette.
Louis Chatel. Bte. Saucier.
Pierre Roy. Louis Pillet.
Bte. Dumay. Present.
Madame Beausoleil, Plaintiff, vs. Ant. Harmand, Defendant.
A petition presented by M. Labuxiere in the name of, and
as commissioned with power from, Madame Pourre Beausoleil to
sue M. Ant. Harmond for the sum of two thousand five hundred
and forty livres both in money and peltries and nine hundred and
four pounds of flour, the whole amount as shown by his notes.
172 ILLINOIS HISTORICAL COLLECTIONS
Led* ant. armant ayant paru a produit un Compte Centre
La ditte dame Bausoleil de la somme de six Cent Soixante Et
neuf livres douze sols En arg* Et quatre vingt huit livres En
pelleterie, Lesquels Comptes ont Et^ affirm^ sous serment par
led* ant armant.
^ La Cour Est Dopignon que led* antoine armant soit Condanner
a payer ses Billet tant en arg* qu'en pelleterie tel quil Sont Explique
dans le Cour du present moy pour tous Delay ainsi que La farine
moyenant quil luy Soit deduit six Cent Soixante Et neuf livres
douze sols En arg* Et quatrevingt huit Livre en Pelleterie
Suivant Ses Comptes, ordonnons quil luy Soit Sinifie de prendre
Des arangement avec Lad**^ Dame Beaussoleil ou Son fonde de
pouvoir, Soit par un Bon Cotion ou autres assurances quil demen-
derons, Et Condannons Led* armant a tous fraix Et interest
Et faute par luy de Se faire Sous vingt quatre heure nous
accordons a laditte Dame Beausoleil une Execution Contre Led*
ant armant.
La Cour est ajournd a Jeudy 1*® Juillet.
fr saucier Greffier J B H LaCroix.
a une Cour du i6^® Juin 1784 Extraordinaire.
Prdsid* J B*^ Lacroix B*® Dumay
B*^ Saucier pierre roy
Pres*
Demendeur ant. armant Deffendeur Joseph Billet
Le Demendeur poursuit Le Deffendeur pour une somme de
Cent Cinquante Six livre En argt quil Luy doit.
Le deffendeur ayant Paru a declare devoir La ditte somme aud*
Demendeur, mais quil se voit haur d'Etat de le Satisfaire attendu
quil Luy Est du auSsi Et dont il ne pent rein retirer, Et demande
pareillement a la Cour que les Personne quil luy Doivent soient
Pareillement Condanne a Le payer.
La Cour a ordonne au deffendeur a payer Les Cent Cinquante
six livres quil Doit and* demendeur sauf a luy a poursuivre Les
personne quil Luy Doivent.
a une meme Cour ant. armant poursuit Les Nomme Bequet
Et Durant, pour un marche passd Entre Eux le 30^® aoust dernier,
COURT RECORD, JUNE, 1784 173
The said Ant. Harmand appeared and produced an account
against the said Madame Beausoleil for the sum of six hundred and
sixty-nine livres twelve sols in money and eighty-eight livres in
peltries, which accounts were affirmed under oath by the said
Ant. Harmand.
The Court is of the opinion that the said Antoine Harmand
should be condemned to pay his bills in money and peltries, as
they are shown, in the course of the present month at the longest
and also the one for flour, on condition that there be deducted six
hundred and sixty-nine livres and twelve sols in money and
eighty-eight livres in peltries according to his accounts. We
order that he be notified to make arrangements with the said
Madame Beausoleil or her representative either by giving surety
or other assurances, which they shall demand ; and we condemn
the said Harmand to pay all costs and interests ; and in case he does
not do this within twenty-four hours, we grant to the said Madame
Beausoleil a writ of execution against the said Ant.Harmand.
The Court adjourned to Thursday, July i.
Fr. Saucier, Clerk. J. B. H. LaCroix.
At a Court, June 16, 1784, special session.
President, J. Bte. LaCroix. Bte. Dumay.
Bte. Saucier. Pierre Roy.
Present.
Ant. Harmand, Plaintiff, vs. Joseph Billet, Defendant.
The plaintiff sues the defendant for the sum of one hundred
and fifty-six livres in money, which he owes him.
The defendant appeared and declared that he owed the said
sum to the said plaintiff; but that he was not in a position to
satisfy it, because there is due to him money also, which he cannot
collect; and he prays likewise of the Court that the persons
owing him be likewise condemned to pay.
The Court ordered the defendant to pay these one hundred and
fifty-six livres, which he owes the said plaintiff, reserving to him
the right to sue the persons, who owe him.
At the same Court Aht. Harmand sues the named Becquet and
Durand on account of an agreement passed between them the
174 ILLINOIS HISTORICAL COLLECTIONS.
Et Comme il paroit quil y a autant de tor de part Et D'autre
apr^s avoir murement Examine Leurs dire La Cour Est Dopignon
que led* armant prendra tout le Bois quil y a d'Ecaris Suivant
Lestimation qui En Sera fait par Des ouvrie qui Seulement
observeront qu led* armant a Nouri Les d* Bequet Et Durant
Le terns quils ont mis a faire Le Bois, Et a payer entre Eux les
fraix.
La Cour Est ajournd au i Juillet 1784.
fr saucier. J B H LaCroix.
a une Cour du 24 aoust 1784.
President J B*® Lacroix Louis Chatel
pierre roy Louis Fillet
J B*^ Dumay Joseph Bissonette
Pres*
Demendeur ant. Lamarche Deffendeur Joseph Cecire
Le demendeur poursuit Le deffendeur Disant quayant Cotione
pour ant. armant de la Somme de deux mil Et quelque Cent Livres
quil redevoit a M^^ Beausoleille. Mais quil ne Lavoit fait que Sur
La promesse que Joseph Cecire avoit fait de luy payer une Somme
de Sept Cent Et quelque Livres quil Doit aud* ant armant
En Consequence il prie La Cour dobliger led* Cecire a payer
Laditte Somme afin de pouvoir Satisfaire a Celle dud* ant
armant.
Le demendeur [sic] repond quil Est vray quil doit cette Somme
a ant. armant Mais quil Etoit Convenue avec luy de le payer En
ouvrage, Et que Si y nut Consenti a cela quil ne Ce Seroit pas
is fort En Dette.
vue Les deffence du deffendeur Envers le dit ant armant,
absens, La Cour a ordonne aud* Jos^ Cecire de payer au de-
mendeur trois Cent Livres En argent, pour Le present En attand-
ant le retour dant. armant pour terminer Les Convention quils
ont fait Ensemble.
La Cour Est ajourne au 2^® de 7^'"®.
fr. saucier Grefi&er J B H LaCroix.
Ecarir, French-Canadian word, meaning to cut posts square.
COURT RECORD, AUGUST, 1784 175
30th of August last; and since, after carefully examining their
testimony, it appears that there was as much wrong on one side
as the other, the Court is of the opinion that the said Harmand
shall take all the wood which has been cut square ^ at the price
of the appraisment, which shall be made by workmen, who are to
notice only that the said Harmand boarded the said Becquet and
Durand during the time they have taken in cutting the wood,
and that the parties shall pay the costs between them.
The Court adjourned to July i, 1784.
Fr. Saucier. J. B. H. LaCroix.
At a Court, August 24, 1784.
President, J. Bte. LaCroix. Louis Chatel.
Pierre Roy. Louis Pillet.
J. Bte. Dumay. Joseph Bissonnette.
Present.
Ant. Lamarche, Plaintiff, vs Joseph Cesirre, Defendant.
The plaiijtiff sues the defendant saying that the former acted
as bondsman for Ant. Harmand for the sum of two thousand
and some hundred livres, which he owed Madame Beausoleil;
but that he had done it only on the promise, which Joseph
Cesirre had made to pay him a sum of seven hundred and
some livres, which Cesirre owes to the said Ant. Harmand.
Therefore he begs the Court to compel the said Cesirre to pay
the said sum, so that he can satisfy the debt of the said Ant.
Harmond
The plaintiff [defendant ?] answers that it is true that he owes
that sum to Ant. Harmand; but that he had agreed with the
latter to pay him in work, and that if he had not agreed to that,
the defendant would not be so greatly in his debt.
Considering the defence of the defendant against the said
Ant. Harmand, who is absent, the Court ordered Jos. Cesirre to
pay the plaintiff three hundred livres in money for the present,
while waiting for the return of Ant. Harmand to terminate the
agreement, which they have made together.
The Court adjourned to September 2.
Fr. Saucier, Clerk. J. B. H. LaCroix.
176 ILLINOIS HISTORICAL COLLECTIONS
a une Cour du 2^® 7^^® 1784.
Pr^sid* J B*® Lacroix Louis Pillet
J B*® Dumay Pierre roy
Present
Demendeur M^ Motard Defifendeur Jos^ vaudry
Le demendeur poursuit le deffendeur pour une Somme de
Cent quatrevingt huit Piastre Gourdes Et quatre Escalin suivant
Son Billet Echu du mois de x^^^ passe, Et demende un hypoteque
sur ses Biens En donnant deux mois pour Le payment, au deffaut
de quoy quil luy Soit accorde de faire vendre Lesd^ Biens 113^30-
teque.
Le deffendeur repond que nayant pas pu decendre En ville il
na pas pu payer Son Billet, Mais quil offre a M^ motar I'hypoteque
sur sa maison deux arpent de terre a la prairie du pond Et une
Grange avec Son terrin sur le Cotau des renards, Et que m'" motar
pour faire vendre si il ne le paye pas dicy au terme quil luy
Donne.
La Cour Est Dopignon que M^ motar accepte L'offre que luy
fait vaudry Et quil Luy fasse vendre les d* Effest quil offre Luy
meme En hypoteque faute de payement.
La Cour Est ajourn^ au 7^^ 8^^^.
fr. saucier G J B H LaCroix.
a une Cour du 25 S^^^
President, J B*® Lacroix Louis pillet
Pierre roy Jos^ Bissonette
Louis chatel J. B*^ Saucier
prt
a une meme Cour Pierre troge a prete le Serment de fidelity
ainsi de Celuy doffice dhuissie de La Cour.
MoNS^ Levy Demendeur Joseph Belcour Deffendeur
Le demendeur Poursuit le deffendeur pour une Somme de deux
Mille deux Cent livres En argent quil Luy doit par son Billet.
Le deffendeur repond que depuis quelque Jour il avoit tue
1 Escalin, Netherland coin, equivalent to the English shilling.
^Arpent. about equal to an acre.
COURT RECORD, SEPTEMBER, 1784 177
At a Court, September 2, 1784.
President, J. Bte. LaCroix. Louis Pillet.
J. Bte. Dumay. Pierre Roy.
Present.
M. MoTARD, Plaintiff, vs. Jos. Vaudry, Defendant.
The plaintiff sues the defendant for the sum one hundred and
eighty-eight piastres gourdes and four escalin^ according to his note
of the month of December last, which has fallen due, and demands
a mortgage on the defendant's goods, if he gives him two months
for the payment ; in default of which payment he prays that there be
granted him permission to have the said mortgaged goods sold.
The defendant answers that because he could not come down
into the village, he has been unable to pay his bill; but he offers
M. Motard the mortgage on his house, two arpents^ of land in the
Prairie du Pont and a bam with its yard on Fox Hill ; and that M.
Motard may have them sold, if he does not pay within the time
he gives him.
The Court is of the opinion that M. Motard should accept
the offer which Vaudry makes him and that he may make the
latter sell the said property, which he offers him in mortgage,
in default of payment.
The Court adjourned to October 7.
Fr. Saucier, C. J. B. H. LaCroix.
At a Court, October 25.
President J. Bte. LaCroix. Louis Pillet.
Pierre Roy. Jos. Bissonnette.
Louis Chatel. J. Bte. Saucier.
Present.
M. Levy, Plaintiff, vs. Joseph Belcour, Defendant.
At the same Court Pierre Troge took the oath of fidelity and
also that of office of huissier^ of the Court.
The Plaintiff sues the defendant for the sum of two thousand
two hundred livres in money which he owes him on his note.
3 Since the Record uses different words for the name of the officer who executes the
decrees and serves the writs of the court, etc., it has seemed best to retain the French name,
huissier, when it occurs. There are times in the history of Illinois when the opposition to the
Americans expresses itself in an emphasis on French law and institutions. Kas. Rec, Letters.
The duties of the huissier were not different from those of the sheriff.
178 ILLINOIS HISTORICAL COLLECTIONS
quelque animaux desquel il na Encore pas Et^ pay^ Se qui
La mis Jusqua present or d'etat de satisfaire a Son Billet. Et
demande un delay de quinze Jour pour donner un accompte de
Mil Livres.
La Cour a acorde au deffendeur quinze Jour pour remettre au
demendeur Mil Livres En argent, tel quil le demende se qui a Etd
accepte par led^ demendeur, promettant donner Credit pour le
reste, Mais au deffaut de payement. Sous Ls dits quinze Jours,
le Demendeur Est autoriz€ a faire vendre des Biens dud* deffen-
deur Jusqua Sa Somme.
M^ Sarpy Contre Ch^^ Lacroix
a une meme Cour Monsieur Sarpy produit un Compte a Luy
transporte par M^^ veuve Lepage Contre Charle Lacroix de
la Somme de dix neuf Cent quartoze livre Sept Sols, Sauf
a deduire Les accompte quil pouroit avoir Donn^ depuis le
22 de Ce mois datte dud* Compte Et demande que Led* Lacroix
Soit Condanne Sans delay a Luy remettre La Ballance dud*
Compte.
Led* Lacroix ayant Ete assigne de paroitre Cejourd'huy Ce a
quoy il a manque. Et apres trois apel par Lussier. Ne Setant
trouve ny Sa Personne ny auqu'un represantant pour Luy La
Cour La Condanner a payer son Compte sans delay Et a Paye
tous fraix de Justice.
a une meme Cour Mons'" Charle Sanguinette presente deux
Billet fesant La Somme de quatre Cent quarante Sept Livne
et demy de Paux de Chevreuil que le nome Joseph langlois
Luy doit En Consequence il Demende a la Cour de Luy ac-
corder une Saisy Sur Les Biens dud* Langlois, Jusqua Ce quil
aye Prix des arangem* avec luy pour Lassurance de Ce quil luy
doit.
La Cour a accorde a M^ Ch^^ Sanguinette La Saisy quil de-
mende Contre led* Langlois Et ordonne aud* Langlois de prendre
tel arrangement que led* Sieur Sanguinette Luy demandera pour
assurer se quil Luy doit Et par fautte de ce faire quil soit Con-
danner a payer sans delay.
a une meme Cour m^ fr trottier a produit les Compte de Balance
COURT RECORD, OCTOBER, 1784 179
The defendant answers that a few days ago he had killed
some animals for which he had not yet been paid, which put him
till now out of position to satisfy his note; and he prays for a
delay of of fortnight to make an instalment of a thousand livres.
The Court granted the defendant a fortnight to pay the plaint-
iff one thousand livres in money, as he prays, and these terms were
accepted by the plaintiff, who promises to give credit for the bal-
ance. But in default of payment within the said fortnight, the
plaintiff is authorized to have goods of the defendant's sold up
to that sum.
M. Sarpy vs. Charles LaCrodc.
At the same Court M. Sarpy produces an account assigned to
him by Madame Lepage, widow, against Charles LaCroix for the
sum of nineteen hundred and forty livres seven sols, saving the
deduction of the instalments, which he may have paid since the
22nd of this month, the date of this account; and prays that
the said LaCroix be condemned to pay him the balance of the said
account without delay.
The said LaCroix was summoned to appear to-day, which he
failed to do. And after three summonses by the huissier and
when neither his person nor anyone representing him was found,
the Court condemned him to pay his account without delay and
to pay all the costs oi justice.
At the same Court M. Charles Sanguinette presents two notes
amounting to the sum of four hundred and forty-seven and a half
pounds of deer-skins, which the named Joseph Langlois owes
him; and consequently he prays that the Court grant him a writ
of seizure on the goods of the said Langlois until he should
have made arrangements with him for the security of what he
owes him.
The Court granted to M. Ch. Sanguinette the writ of seizure
which he prays for against the said Langlois and orders the said
Langlois to make such arrangements as the said M. Sanguinette
shall demand to secure what he owes him; and in default of doing
so condemns him to pay without delay.
At the same Court M. Fr. Trottier produced the accounts of
i8o ILLINOIS HISTORICAL COLLECTIONS
de la tutelle des mineurs Lapierre, Suivant La premiere vente Et
qui a Et^ approuve.
La Cour Est ajourn^ au 4^® de 9^^® Jeudy.
fr. saucier J B H LaCroix.
a une Cour du 4^^ 9^^^ 1784.
President J B*® Lacroix Louis pillet
Pierre roy Joseph Bissonette
J B^® Dumay Pres^
Demendeur J B*^. Gaffe Deffendeur ant armant
Le demendeur poursuit le deffendeur pour une voiture quil Luy
avoit pret^ pour pour [sic] aller dans La Belle riviere, Et quil soit
oblig^ de la luy remettre En Letat quelle Etoit avec Les agres
Et Sujet a visite pour constater Les reparation de laditte voiture
pour mettre En m^me Etat ou Elle Etoit Lorsquil La Luy a
pret^.
Le deffendeur repond que le demendeur Etoit Convenu
avec la luy de prendre un Canot d'ecorce pour La ditte
voiture.
Le demendeur repond quil Est vray quil a Dit a deffendeur
quil prendroit un Canot si il Se trouvoit En avoir Besoin avant
le retour de Sa ditte voiture Et a produit M^ Girardin pour
tdmoins.
M^ Girardin ayant Paru a prete Serment de dire La verite Et a
dit quil Etoit temoins Lors de Larengement de M^* Gaffe Et ant
armant, Et quil a Entue [sic] que m^ Gaffe pretd Sa voiture
aud* armant, sous Les Conditions quil Prendere un Canot
Si il se trouvoit En avoir Besoin avant son arrive pour aller a
Michilimaquina Et quensuitte si Le Canot Luy Convenoit il le
Garderoit.
fr Saucier ayant fait Serment de dire la verity au quesiton quon
luy feray a fait Exactement La meme Declaration que M^ ant
Girardin.
J B*^ Bequet ayant aussi Paru a pret^ Serment de dire La
verite a dit quayant Ete un Jour ches Le S^ ant armant Et quayant
vu Les Canot dud* armant En Perditions quil demenda au
Nome Gassien pourquoy il ne Les metoit pas En Lieu de Surety,
COURT RECORD, NOVEMBER, 1784 181
the balance of the guardianship of the minors Lapierre after the
first sale, and they were approved.
The Court adjourned to, Thursday, November 4.
Fr. Saucier. J. B. H. LaCroix.
At a Court, November 4, 1784.
President J. Bte. LaCroix. Louis Pillet.
Pierre Roy. Joseph Bissonnette.
J. Bte. Dumay. Present.
J. Bte. Gaffe, Plaintiff, vs. Ant. Harmand, Defendant.
The plaintiff sues the defendant , for a boat, which the former
had loaned him to go to the Ohio and which he was bound to
return to the plaintiff with its equipments in the condition that
it was, and subject to inspection to determine the repairs neces-
sary to put the said boat in the same condition that it was, when
the plaintiff loaned it to him.
The defendant answers that the plaintiff had agreed with
him to take a bark canoe for the said boat.
The plaintiff answers that it is true that he said to the defendant
that he would take a canoe, if he was in need of it before the return
of the said boat, and brought forward M. Girardin as witness.
M. Girardin appeared and made oath to tell the truth and said
that he was a witness at the time of the arrangement between
MM. Gaffd and Harmand, and that he understood that M. Gaff^
loaned his boat to the said Harmand on the condition that he
would take a canoe, if he found himself in need of going to
Michillimackinac, before the latter's return, and that afterwards,
if the canoe suited him, he would keep it.
Fr. Saucier made oath to tell the truth in answer to the question
put to him, and made exactly the same declaration as M. Ant.
Girardin.
J. Bte. Becquet also appeared and made oath to tell the truth
and said that he was one day at the house of M. Ant. Harmand,
and, having noticed that the canoes were in ruins, asked the
named Gassien why he did not put them in a place of safety, to
which the latter replied that he was expecting M. Gaff^ to choose
one in order to safe-guard the other.
i82 ILLINOIS HISTORICAL COLLECTIONS
a quoy se dernier luy repondit quil attandoit que led* Sieur Gaffd
En aye Choisi un pour Garantir Lautre.
Led* armant produit Pierre Gassien Et apres avoir pretd Ser-
ment de dire La verite a dit qayant Envoye Cherche M^ Gaffe,
quil luy auroit dit de Choissir un canot sur Les deux appartenant
a M^ ant. armant sur quoy Led* Sieur Gaff^ Luy ayant dit Et
fait voir Celuy quil prenderoit, quil Luy auroit Dit quil Etoit Sur
Ces risque a quoy Led* Sieur Gaffe na rien repondu.
M^ ant armant produit un Sertificat de fr. duchenau qui declare
quil a Connoissance que M^ Gaff^ a Et6 ches led* armant avec
Dubois un de Ses homme Et quils avoit Choisi un Canot pour la
pirogue sans neanmoins L'avoir Deplace.
Led* armant Produit Le Nom6 Dubois pour temoins Et apres
avoir pret^ Serment de dire La verity a dit. quil Est vray que mon-
sieur Gaffe La mene Ches M^ Sanfa^on pour choisir un Canot
Et quil Etoit quil avoit choisi celuy qui Croyoit le meilleur Mais
que m^ Gaffe avoit dit quil le prendroit si il En avoit Besoin, mais
quil ne sen Est Point Servi.
La Cour a ordonne que Suivant les accorde de m^^ Gaff^ Et
armant Et que led* S^ Gaff^ ne Setant point Servy du Canot, tel
quil Ce paroit que sa voiture luy Soit rendu, En meme nature, et
led* harmant a payer Les fraix.
m^ Levy Et chartie
a une meme Cour M^ Levy poursuit Michel Chartie, pour
avoir dix Sept planche que Le nome Charpantier avoit vendu a
M'^ Marchessaux, Et que Ce dernier avoit transporter aud* Levy,
Led* Chartie ayant revandu ces meme planche, sous le pretexe
que led* Charpantier Etoit de Societe Et quil luy devoit. La
Cour a ordonne que led* Chartie soit condanne, Comme EUe le
condanne a rendre Les Susditte Planche aud* sieur Levy Et a
payer tons Les fraix de Justice.
BiSSONETTE Et QUENEL
a une meme Cour Jos^ Bissonette poursuit Pierre quenel pour
un Cochon quil luy a Et6 tu6 dans Les Grains Et qui avoit pass^
par La Cloture dud* quenel. Led* Cochon ayant Ete Estim^ par
Pierre roy Et fr Courri^ a la Somme de Cent Livres, Et led* Bis-
COURT RECORD, NOVEMBER, 1784 183
The said Harmand brings forward Pierre Gassien, who, after
having made oath to tell the truth, said that he had summoned M.
Gaffe and told him to choose one of the two canoes belonging to
M. Ant. Harmand, upon which M. Gaff^ had pointed out the
one, which he would take; and that he, the witness, had said
to M. Gaff^ that it was at his risk, to which M. Gaffd made no
answer.
M. Ant. Harmand brings forward a certificate of Fr. Duchenau,
in which he declares that he knew that M. Gaffd was at the said
Harmand' s with Dubois, one of his men, and that they had chosen
a canoe for the pirogue without, however, taking it away.
The said Harmand brings forward the named Dubois as a wit-
ness; and after having made oath to tell the truth, the latter said
that it is true that M. Gaffe took him to M. Sansfajon's to choose
a canoe and that he had chosen the one which he believed the
better; but that M. Gaffe had said that he would take it, if he had
need of it; but that he had made no use of it.
The Court decreed that, in accordance with the agreement
between MM. Gaffe and Harmand and since it is apparent that
M. Gaff^ did not use the canoe, his boat should be returned to
him in the same condition, and condemned the said Harmand to
pay the costs.
M. Levy and Chartier
At the same Court M. Levy sues Michel Chartier for having
seventeen planks which the named Charpentier had sold to M.
Marchessaux and which the latter had transferred to the said Levy;
but the said Chartier had resold these same planks on pretext that
the said Charpentier was in partnership with him and owed him
money. The Court decreed that the said Chartier be condemned,
as it does condemn him, to return the planks aforesaid to the
said M. Levy, and- to pay all the costs of justice.
BiSSONNETTE and QUENEL
At the same Court Jos. Bissonnette sues Pierre Quenel for a pig
which was killed in the grain and which had passed through the
said Quenel' s fence; and he says that the said pig was appraised by
Pierre Roy and Fr. Courier at the sum of one hundred livres; and
i84 ILLINOIS HISTORICAL COLLECTIONS
sonette demandant quil Luy Soit rendu un pareil Cochon que
Celuy qui Luy a Ete tu^.
La Cour a condannd led*^ quenel a rendre un Cochon tel que
Celuy de Bissonette qui sera Estim6 siuvant La grosseur de I'autre
par Les meme Estimateur, sauf aud* Bissonette avoir le Choix ou
Des Cent livres Destimation ou le Cochon Estime, Et Led* quenel
Condannd a Payer Les fraix.
Louis Gaut Et Louis Lecomte
a une meme Cour Louis lecomte poursuit Louis Gaut pour
Cinquante Livres En argent payable En Dare [sic] pour une
Charette quil Luy a vendu Et que luy ayant demend^ plusieur
fois. Led* Louis Gaut repond quil auroit ofifert une tombere de
mays moyenant quil la luy Paye Cinquante Livres Comme
EUe vaut, mais que led* Lecompte ne voulant Pas La pay^ plus
de quarante livres led* Louis Gaut luy a offert de Largent, Et off re
de luy En donner.
La Cour a condanner Led* Lecomte a prendre son payement
En argent puis quil a refuse de payer La tombere de mays Ce prix
quelle vaut Et a payer Les fraix.
La Cour Est ajourne au deux du mois X^^^.
fr. saucier Greffier J B H LaCroix Pres*
a une Cour du 22. 9^^^ 1784. Par Extraordinaire
Presidant M^ B*^ Dumay
Jean B*^ LaCroix Joseph Bissonette Pres*
Pierre Ro}^
Demendeur p^^ prevost deffandeur antoine armand
deffendeur [sic]
Le demandeur poursuivant Le deffendeur Conclud par Sa
requete de ce jour a ce que led* s^ armand Soit condannd a payer
Sans delay ou a luy livrer mille quatrevingt quinze livres de farine
pour restant de ses Billets Echus Et Seize cent quarante six livres
en argent par son obligation hypotequaire Echue et dont Sentence
de condamnation a Ete cy devant Rendue contre led* s'* armand.
ouy aussi le deffendeur en Ses deffences qui a observd a la
1 The petition was always drawn up in formal language, the last paragraph of which was
the conclusion, in which the formal demand for justice was made. The conclusion, therefore,
contained the exact statement of the demand made in the petition.
COURT RECORD, NOVEMBER, 1784 185
the said Bissonnette demands that there be returned to him a
similar pig to the one that was killed.
The Court condemned the said Quenel to return a pig like
Bissonnette' s and that it shall be appraised according to the
weight of the other by the same appraisers, reserving to the said
Bissonnette the right to chose either the hundred livres appraised
or the pig; and the said Quenel is condemned to pay the costs.
Louis Gaud and Louis Lecomte.
At the same Court Louis Lecomte sues Louis Gaud for fifty
livres in money payable in commodities for a cart, which he sold
the latter, and which he had demanded several times. The said
Louis Gaud answers that he had offered a load of corn on condition
that Lecompte should pay him for it fifty livres^ as it was worth; but
that, since the said Lecomte was unwilling to pay for it more
than forty livres^ the said Louis Gaud offered him money and
offers to give it to him.
The Court condemned the said Lecomte to take his payment
in money, since he refused to pay for the load of corn the price
that it was worth and to pay the costs.
The Court adjourned to December 2.
Fr Saucier, Clerk. J. B. H. LaCroix, President.
At a Court, November 22, 1784, special session
President, Bte. Dumay.
Jean Bte. LaCroix. Joseph Bissonnette.
Pierre Roy. Present.
Pierre Prevost, Plaintiff, vs. Antoine Harmand, Defendant.
The plaintiff sues the defendant and concludes^by his petition
of this day that the said M. Harmand should be condemned to pay
without delay or to deliver to him one thousand and ninety-five
potinds of flour for the balance of his matured notes, and sixteen
hundred and forty-six livres in money on his matured mortgage
obligation, and for which judgment has been already rendered
against the said Harmand.
The defendant was also heard in his defence and brought to
the notice of the Court that in so evil times as the present, when
the crop has totally failed, he was not in a position to pay without
i86 ILLINOIS HISTORICAL COLLECTIONS
Cour que dans un terns si malheureuse comme il se trouve presen-
tement la recolte ayant manqu^ totalement il Etoit hors detat
de pouvoir payer sans exposer sa famille dans la derniere neces-
sity, que ses Biens Etoient tous existants tels quil les avoit hypo-
tequ^s aud* S^ Cer^ quil suplioit la Cour de luy accorder un de-
lais jusques au mois davril, offrant aud* terns de payer ladite
somme port^e en son obligation ainsi que la farine avec les inter-
est suivant lusage.
Le tout vti et consider^ avec les pieces a Nous produites par
les parties Et apres muremcnt examine la Circonstances du
terns. La Cour a accorde aud^ S^ armand deffendeur le delais
jusques dans le Cour davril de lannee prochaine pour payer la
somme portee En Son obligation hypotequaire ainsy que les dix
sept cent livres de farine quil livrera aud* tems faute de quoy la
payera a raison de Soixante dix livres le Cent En argent Et en
outre les interest depuis Lecheance de Ses Billets, Le tout Sans dcs-
roger a Ihypoteque que led* S^ Cere a Sur les Biens dud* S^ ar-
mand laquelle Nous hotorizons dabondant par ces presentes, Et
En cas que led* s^ prevost faisant pour led* s^ Cere ne trouve pas
les Biens dud* S^ harmand suffisant pour repondre desdites som-
mes Et farines permis a luy de demander Caution aud* S^ harmand
p'" sa plus grande surete, a quoy nous condamnons led* s^ harmand.
Et en outre en tous les fraix et depens de Lextraordinaire qui
seront avances sans delais par led* S^ prevost suivant le Me-
moire qui luy En sera fourni par le greffier sauf son recour pour
son remboursement Contre led* S^ armand.
La Cour est ajourne au 2 du mois de decembre prochain.
J B H LaCroix.
a une Cour du 8^® Jenvier 1785.
President B*^ Saucier Joseph Bissonette
Louis Chatel Pierre roy
Louis Pillet Present
Demendeur Nicolas turgeon Deffendeur Philips Gervais
Le demendeur poursuit le deffendeur Disant quayant Donne
un Capot de Couverte a Son negre que Celuy du defifendeur
1 The handwriting, language and orthography of the record appear to be those of Joseph
Labuxiere, who was appointed clerk the next year, June 20, 1785. Probably Saucier was
COURT RECORD, JANUARY, 1785 187
exposing his family to dire need, and that all his present property
was already mortgaged to the said M. Cerr^; and he begs the
Court to grant him a delay till the month of April, at which time
he offers to pay the said sum carried in his note and also the flour
with interest according to usage.
After considering everything and viewing the documents pro-
duced before us by the parties and after carefully examining the
circumstances of the time, the Court granted M. Harmand, the
defendant, the delay until during the course of April of next year
to pay the sum entered in his mortgage obligation and also the
seventeen hundred pounds of flour, which he shall deliver at the
said time, in default of which he shall pay for it at the rate of
seventy livres the hundred in money and besides the interest since
the maturity of the notes, the whole without vitiating the mort-
gage which the said M. Cerre has on the property of the said M.
Harmand, which we sufficiently authorize by these presents; and
in case that the said M. Prevost, who is acting for the said M.
Cerr^, does not find the property of the said M. Harmand suffi-
cient to be answerable for the said sums and flour, he is per-
mitted to demand surety from the said M. Harmand for his
greater security, and we condemn the said M. Harmand to this,
and furthermore to pay all costs and expenses of the special
session, which shall be advanced without delay by the said M.
Prevost according to the memorandum which will be furnished
him by the clerk, reserving to him recourse for his reimbursement
against the said M. Harmand.
The Court adjourned to the 2nd of the month of December
next.^ . J. B. H. LaCroix.
At a Court, January 8, 1785.
President, Bte. Saucier. Joseph Bissonnette.
Louis Chatel. Pierre Roy.
Louis Pillet. Present.
Nicolas Turgeon, Plaintiff, vs. Philippe Gervais, Defendant.
The plaintiff sues the defendant saying that he gave his negro
a blanket coat and that the defendant's negro had come to his
absent and his place was supplied by this trained notary-clerk. For an account of him, see
p. 625, note 16.
i88 ILLINOIS HISTORICAL COLLECTIONS
auroit ete Ches Luy le Prendre Sous le pretex dit il que le negre
dit demendeur luy devoit, Et quayant Etd ches led* deffendeur
pour ravoir led* Capot quil auroit d* au d* Demendeur quil ne Ce
meloit point de Ces affaires La.
Le deffendeur repond que Son negre auroit vendu de La toil
au negre du demendeur pour du coton En Echange Et que ne
L'ayant pas fait Cest qui a fait que Son negre ale [sic] prendre
Le Capot pour Jusqua ce quil Soit Paye.
La Cour a ordonn^ que le Capot du negre dud* Demendeur
Soit rendu par le negre du deffendeur Et que tant aux march^
que les deux negre ont fait Ensemble que Les maitre pretd La
main a ce quil Soit pay^. Et aux Deffendeur a paye Les fraix.
a une meme Cour M^ ant. Girardin represnte a la Cour quay-
ant deja mesure une Sertaine quantite de terre a la fontaine du
pain de Sucre pour y faire une habitation, suivant sa requette,
qui ate [sic] appoint^.
La cour Est ajourne a Jeudy 3^^ fevrier.
f. saucier Grefffer B Saucier
a une Cour du 3^^ fevrier 1785.
President B*® Saucier Pierre roy
B*^ Dumay Jos^ Bissonette
Louis Pillet Present
Robert Watts Demendeur
une requette Presente par m'" Robert Watts Demandant une
Demy lieu de terre En quare quil Bornera Luy meme au Premier
ruissau qui Passe Plus Loin que le Chemin qui monte Les cottes
au marais Des Bute, Et qui a Ete appointe suivant sa demande.
La Cour Est ajourne 3^^ mars.
B Saucier
Bequet et Granmon.
a une meme Cour B*^ Bequet porte plainte Contre Pierre
Granmon pour une Somme de Cent vingt cinq Livres pour Lavoir
traitte Dans sa maladie, Granmon ayant Ete assine a refuse de
^ I have found very little about Robert Watts outside of what is contained in this volume,
for which see Index. He came to Illinois in tlie year 1782, and was the principal settler at
Grand Ruisseau. He was appointed commandant of that post by the magistrates of Cahokia.
See pp. 295, 597; Papers of Old Cong., xlviii., 177.
COURT RECORD, FEBRUARY, 1785 189
house and taken it, under pretext, he said, that the negro [of the]
said plaintiff owed it to him, and that when he went to the defend-
ant's house to get the said coat that the defendant had told the
said plaintiff that he never mixed himself up in these affaires.
The defendant answers that his negro had sold some cloth
to the plaintiff's negro in exchange for some cotton; and that since
the latter did not keep his agreement, his negro went and took the
coat to hold until he should be paid.
The Court decreed that the coat of the plaintiff's negro be re-
turned by the defendant's negro, and that the masters take a hand
and see that the bargain, which the two negros have made, is
carried out; and the Court condemned the defendant to pay the
costs.
At the same Court M. Ant. Girardin shows the Court that he
has already measured a certain piece of land at the Sugar Loaf
Spring for the purpose of making a dwelling there according to his
petition, which was granted.
The Court adjourned to Thursday, February 3.
At a Coiu-t, February 3, 1785.
President, Bte. Saucier. Pierre Roy.
Bte. Dumay. Jos. Bissonnette.
Louis Pillet. Present.
Robert Watts,' Applicant.
A petition presented by M. Robert Watts, in which he asks for
a half league square of land, of which he will lay out the limits
himself at the first creek crossing the road which goes up the hill
to the swamp of the bluffs; [?] and it was granted according to
his petition.^
The Court adjourned to March 3.
B. Saucier.
Becquet and Grandmont.
At the same Court Bte. Becquet brought complaint against
Pierre Grandmont for a sum of one hundred and twenty-five livres
for having treated him during his sickness. Grandmont was sum-
2 The grant was at Grand Ruisseau. It was recommended for confirmation by the U. S .
land commissioners. — Amer. Stale Pap., Public Lands, ii., 219. For Grand Ruisseau, see
map; Introduction, pp. cxxii., cxlviii., and post pp. 217, 219, 307.
I90 ILLINOIS HISTORICAL COLLECTIONS
paroitre, led* Bequet ayant Declare quil Etoit Due aud* Gran-
mon par M^ Labbadie, La Cour Est Dopignon quil sera saisy
Entre Les main dud* S'* Labaddie La Somme de Cent Cinquante
livres tant Pour La Somme reclame par B*^ Bequet que Pour les
fraix.
fr. saucier Greff B Saucier,
a une Cour du 24 Mars 1785.
Presidant B*® Saucier Pierre Roy
B*e Du May Louis Pillet
Louis Chatel Prese
une requette present^ par Jacob groot demandant que pour
lever les contestations qui sont Entre luy et gemes pigoust pour
les terres quils ont prises au grand Ruisseau La Cour leur permete
de Nommer des arbitres pour tirer la ligne Entreux.
La Cour a ordonne que les parties Nommeront des arbitres
quils Choisiront eux memes pour tirer la ligne Entre leur terre qui
font leur Contestation ce qui sera Execute.
Labuxiere gref. B Saucier.
a la meme cour une requete En reparation dhoneur pre-
sentee par francois Camus Contre le Nomm^ hardouin apres que
les deux parties ont produit de part Et dautres Les Certifficats
des temoins qui se sont trouvez contradictoire. ouy les deux parties
En leur demandes Et deffences le tout murement considere Et
Examind Et apres que led* hardouin a declare En presence de
la Cour quil reconnoissoit led* francois Camus pour honneste
homme que dans les propos quil avoit tenia il Navoit pas Entendu
dire que le S^ camus luy avoit vole une taure mais quil Croyoit
que cele quil avoit vu dans sa Cour Etoit la sienne. Nous avons
deboute Le s^ Camus de toute Ses demandes Envers led* har-
1 It is said that James Piggott was bom in Connecticut and was engaged in the privateer-
ing service during the American Revolution. — Reynolds, My Own Times, 64. He was commis-
sioned captain of the miHtary associates of Westmoreland Co., Pa. on April 6, 1776, and in
October of the same year, captain of the 8th Pennsylvania regiment, and served under General
Arthur St. Clair until October 22, 1777. His commissions are in Dr. MSS., 1Z36-72. Why,
and when he came to Illinois rests on traditions handed down in his family, and may be found
both in Reynolds and the Dr. MSS. According to these sources, he joined Clark's expedition
to Illinois as an independent volunteer and served through the Kaskaskia campaign. He
then became a colonist at Fort Jefferson, where he was in command during the siege by the
Chickasaws in 1781 (sic). He then moved to Kaskaskia and in 1783 built Piggott's fort at
Grand Ruisseau. Unfortunately for this story of his prowess, his name does not appear in
any list of Clark's soldiers. — English, Conquest of the Northwest, ii., 1067. His command at
Fort Jefferson is not mentioned in any of the letters of his contemporaries, nor is he mentioned
COURT RECORD, MARCH, 1785 191
moned and refused to appear. The said Becquet declared that
money was owing the said Grandmont by M. Labadie. The
Court is of the opinion that seizure shall be made of the sum of
one hundred and fifty livres in the hands of M. Labadie for the
sum claimed by Bte. Becquet and for the costs.
Fr. Saucier, Clerk. B. Saucier.
At a Court, March 24, 1785.
President, Bte. Saucier. Pierre Roy.
Bte. Dumay, Louis Pillet.
Louis Chatel. Present.
A petition presented by Jacob Groot, in which he prays that,
in order to end the disputes between himself and James Piggott^
over the land they have takfen up at Grand Ruisseau the Court
permit them to name arbitrators to draw the line between them.
The Court decreed that the parties shall name arbitrators,
whom they shall choose themselves, to draw between their lands
the line which is in dispute, for which there will be execution.
Labuxiere, Clerk. B. Saucier.
At the same Court a petition in satisfaction of honour was pre-
sented by Francois Camus against the named Hardouin. After
the parties on both sides produced the certificates of witnesses,
which are found to be contradictory, the two parties were heard
in their prayers and defences and all were carefully considered
and examined; and after the said Hardouin declared in the
presence of the Court that he regarded the said Franjois Camus
as an honest man and that in the conversation he had held, he
had not intended to say that Fr. Camus had stolen a heifer,
but that he believed that the one he had seen in the yard was
his, we have denied all the demands of M. Camus against the
as officer or soldier by any one. This is not absolute proof, for the name of the commanding
officer of Fort Jefferson during the siege is not given anywhere, as far as I can find. Captain
George was in command in October, 1780. — Va.State Pap.'i., 382. It is to be noticed that
both the quoted authorities in favor of Piggott name 1781 instead of the correct year, 1780,
as the date of the siege. This is interesting, since in 1787 Piggott declared that he took up
his residence in Illinois in the year 1780. Pap. of Old Cong, xlvii ., 177. As later pages of this
volume v/ill show, he was not the principal resident at Grand Ruisseau, See post pp. 289, 599,
605. When Piggott's old commander came to Illinois as Governor St. Clair, Piggott became
the prominent man, he had longed to be during the rule of the French court, and was appointed
to the position of justice of the court of St. Clair County. — Smith, St. Clair Papers, ii., 165.
In 1797 he established a ferry from Cahokia to St. Louis. His daughter described him as a
little short of six feet with black hair, blue eyes and fair complexion.
192 ILLINOIS HISTORICAL COLLECTIONS
douin a deffaud par luy de Setre mis En regie dans les formes
pour Ses certifficats de temoin Et condamnons Le Nomme har-
douin En Cent Cinq livres du frais occasionne par led^ hardouin
p^ les requetes ordres Et autres frais de justice Raport a quelques
propos inconsideres Et sans malice quil peut avoir tenu; La dit
jour vingt quatre mars 1785.
La Cour ajournee au Sept davril prochain davril [sic].
Labuxiere greffier B. Saucier,
a une Cour du Six juin 1785.
President B*^ Saucier Louis Fillet
Louis Chatel Joseph Bissonet
Pierre Roy
une requette presentee par le S^ gabriel Cere En datte du 4.
de ce mois demandant Et expositive quil a fait saisir Les Biens
du S'" antoine harmand Armand [sic] Sans facon En yertu dune sen-
tence de la Cour du 22 9^^^ dernier Rendue contre led* S^ har-
mand Et Encore En vertu de Son obligation cautionee par Jean
B*^ duMay passe a la Suite de la dite sentence pour le payement
de deux mil six cent vingt Six livres six sols huit deniers En argent
que led* sans facon ou led* dumay devoit payer au terme du mois
davril dernier que faute de payement led* s^ Cerre a fait Saisir
les Biens dud* sans facon pour etre vendus judiciairement au plus
ofrant Et dernier Encherisseur sous la huitaine quil suplioit la
Cour daccorder ladite vente. vu aussi la Saisie faite des Biens
dud* sans facon par Ihuissier de cette justice le 31. may dernier.
Ensemble la requete presentee ce dit jour par le s^ antoine har-
mand Expositive quil reclame lautorite de la Cour contre lin-
justice qui luy a Ete faite pour un negre quil a acquis de Lencan
des mineurs nicole que led* negre Etoit Empoisoneur avant quil
En acquis de cette sucession ayant Ete convaincu davoir Em-
poisonne son maitre Et sa maitresse Et quil sest Evade des mains
de la justice, que led* harmand a Ete condamne injustement a
^.e payer et que cest pour cette somme quil se trouve aujourdhuy
1 Expositive, not a term of French law, but it is used in both English and Spanish law.
Its use in the record from now on is probably due to the presence in Cahokia of Joseph La-
buxiere, v/ho had served as notary under the Spanish in St. Louis for several years.
2 Denier, the twelth part of the sol.
COURT RECORD, JUNE, 1785 193
said Hardouin because of his failure to conform strictly to the legal
forms for his certificates of testimony; and we condemn the named
Hardouin to pay one hundred and five livres expense occasioned
by the said Hardouin for petitions, orders and other expenses of
justice connected with some words, ill-considered and without
malice, which he may have said. The said day, March 24, 1785.
The Court adjourned to the 7th of April next.
Labuxiere, Clerk. B. Saucier.
At a Court, June 6, 1785.
President Bte. Saucier. Louis Pillet.
Louis Chatel. Joseph Bissonnette.
Pierre Roy. Present.
A petition presented by M. Gabriel Cerr^, dated the 4th of
this month, petitionary and explanatory \ in which he says that
he has made seizure of the goods of the said Antoine Harmand
called Sansfagon by virtue of a decree of the Court rendered
the 22nd of November last against the said M. Harmand,
and also by virtue of his note, indorsed by Jean Bte. Dumay, and
made after the said decree, for the payment of two thousand
six hundred and twenty-six livres six sols eight deniers ^ in money,
which the said Sansfa^on or the said Dumay ought to have paid in
the month of April last; and that in default of payment the said
M. Cerre has made seizure of the goods of the said Sansfayon
that they may be sold by the authority of justice to the highest
bidder within the week; and he begs the Court to grant the
said sale. In view of the seizure of the goods of the said
Sansfagon made by the huissier of this Court, the 31st of May
last, and also in view of the explanatory petition presented this
said day by M. Antoine Harmand, in which he claims the
authority of the Court against the injustice which has been done
him in regard to a negro, whom he bought at the auction of the
minors NicoUe, and who was a poisoner before he acquired
him from that estate, for the said negro had been convicted of
having poisoned his master and mistress and escaped from
the hands of justice; and in which the said Harmand affirms that
he was condemned unjustly to pay for him, and that it is for
194 ILLINOIS HISTORICAL COLLECTIONS
poursuivy par le S'* Cer^ comme tuteur des mineurs nicole
demandant une revision de douze jurds pris sur cette Rive pour
Reviser lafaire selon les loix Et la justice. Le tout vti Et
Consider^ Nous avons accorde au S^ harmand Sans facon
une revision de douze jures pris sur cette Rive Et non ailleurs
pour deliberer Et reviser ladite affaire lesquels sassembleront
jeudy prochain suivant la Nomination qui En sera faite par la
Cour Et cependant le s^ du May Restera Caution jusqua la par-
faite deffinition des jures Et la Saisie subsistera jusqua leur sen-
tence definitive Le tout a la Conservation des droits de qui il
apartiendra Si mandons &c. cesd* jour Et an.
La Cour est aujournee pour le sept de juillet prochain.
B Saucier
Note Des Jurds que La Cour a Nom^ led^ Jour pour La
definition de la Santance cy dessus, qui Sassanbleront Jeudy
Prochain 9 Du Aoust En La Chambre Daudience pour rendre
Santance definitif sans Pourvoir quitter leur Stance Savoir, M^^
ant. Girardin, Philip Angel, Paul Hubert Lacroix, J B*^ Bergeron,
henry Biron, J. B^^ Gaffe, B^^ Morel, Ch^^ Ducharme, Fr Couri^,
Js^ Labuxiere Pere, ant Boye, J. B^^ Dubuque, arrettd ced* Jour
a la Suitte de la Cour.
fr. saucier Greff B Saucier.
a une Cour Extraordinaire du 9^^ Juin 1785.
President B^^ Saucier Louis Pillet
Pierre roy Jos^ Bissonet
Louis chatel B*« Dumay
Demendeur Gabriel Cerre Deffendeur ant. harmant
La Cour Etant assamble Pour Prendre Le Serment des Douze
Jures cy devant Denome Et sont a Linstant Comparu Les Sieurs
ant. Girardin Philipe Engel Paul Hubert lacroix J B*^ Bergeron
henry Biron J B*^ Gaffe J B*^ morel ch^^ Ducharme, fr Courrie
Jos^ Labuxiere ant Boye Et J B^^ Dubuque, Lesquels ont Prete
Serment sur les S^ Evangille, de Bien sacquitter En leur charge de
Jure suivant les Pieces qui leurs Seront Present^, Dans Laffaire
Entre M^^ Cerr^ Et Sanfafon Jusqua leurs Santance difinitif.
COURT RECORD, JUNE, 1785 195
this sum that he is to-day sued by the said M. Cerr?, acting
as guardian of the minors NicoUe; and in which he prays
for a revision of the case according to law and justice by twelve
jurors drawn from this bank: in view and in consideration of all
this we granted to M. Harmand called Sansfafon, a revision
of the said case by a twelve jurors drawn from this bank and not
elsewhere, and they shall assemble Thursday next according to
their appointment by the Court; and moreover M. Dumay shall
remain bondsman until the final decision of the jurors and the
seizure shall continue until their definitive verdict, all for the
preservation of rights of whomsoever it shall concern; so we
command, etc. this said day and year.
The Court adjourned to the 7th of July next.
B. Saucier.
Panel of jurors whom the Court named this said day for their
decision on the above judgment and who shall assemble Thurs-
day next, the 9th of August, in the audience chamber to render
definitive verdict before adjourning to wit: MM. Ant. Girardin,
Philippe Engel, Paul Hubert Lacroix, J. Bte. Bergeron, Henry
Biron, J. Bte. Gaffe, Bte. Morel, Charles DuCharme, Fr. Courier,
Joseph Labuxiere, Sr., Ant. Boyer, J. Bte. Dubuque; resolved
this said day at the close of Court.
Fr. Saucier, Clerk. B. Saucier.
At a special session of the Court, June 9, 1785.
President, Bte. Saucier. Louis Pillet.
Pierre Roy. Joseph Bissonnette.
Louis Chatel. Bte. Dumay.
Present.
Gabriel Cerre, Plaintiff, vs. Ant. Harmand, Defendant.
The Court assembled to receive the oath from the twelve
jurors here above named and there immediately appeared MM.
Ant. Girardin, Philippe Engel, Paul Hubert LaCroix, J. Bte. Ber-
geron, Henry Biron, J. Bte. Gaff^, J. Bte. Morel, Charles Du-
Charme, Fr. Courier, Jos. Labuxiere, Ant. Boyer and J. Bte.
Dubuque, who made oath on the Holy Gospels to acquit them-
selves well of their duty of jury in accordance with the documents,
196 ILLINOIS HISTORICAL COLLECTIONS
La Santance difinitif ayant Et^ Present^ a la Cour a Et^ omo-
loque Et approuv^ par la ditte Cour Ced* Jour Et an.
B Saucier
a une Cour du 20 de Juin 1785.
Les Sieurs antoine Girardin J B*^ Lacroix Ch^® duCharme
Philipe Engel Jean B*^ Dubuque Francois Courier et Thomas
Brady, ayant Et^ nome par la nouvelle Ellection, sont Comparu,
Et apres avoir Prete Serment de fidelite ainsi que Celuy doffice
Et ont Pris Leurs Place En leurs qualite de Magistra.
a une meme Cour Joseph Labuxiere a prete Serment de Fide-
lite ainsi que celui doffice En Sa quality de greffier de la Cour de ce
district.
a une meme Cour pierre troge a prete Serment doffice Et de
fidelite dans sa Charge dhuissier de cette dite Cour.
N° 1^'
a la meme cour accorde a pierre martin quartre cent quarante
arpens de terre a lendroit apelle la petite prairie a titre de Con-
cession.
N-^ 2
a la meme cour accord^ a thomas Bredy quatre cent
quarante arpens de terre a lendroit apelld la petite prairie sur
les Cotes a titre de Concession suivant sa requete de ce jour a
luy remise.
a une meme Cour.
President Jean B^^ LaCroix Philipe Engle
ant Girardin thom. Bredy
Charl. ducharme francois Courier
demandeur Jean B*^ Morel deffendeur Jean B*^ Gaffe
Le demandeur repete par son compte courant contre le deffend-
eur la Somme des quatre vingt dix neuf livres huit sols En
argent, le deffendeur aleguant que dans ce voyage led^ morel
Etoit oblige de parole verbales a luy fournir la voiture Et les
1 Among the Cahokia records in the library of the Chicago Historical Society are the
following documents belonging to this case: — The petition of Cerr^ of November 22, 1784,
the petition by the same of June i, 1785, of which the record of the session of June 6, 1785,
contains the substance, and the verdict of the jury. The jury, which was composed of the
COURT RECORD, JUNE, 1785 197
which shall be presented them in the case between MM. Cerr^
and Sansfafon, until they shall have reached a definitive verdict.
The definitive verdict was returned to the Court and con-
firmed and approved by the said Court this said day and year.^
B. Saucier.
At a Court, June 20, 1785.
MM. Antoine Girardin, J. Bte. Lacroix, Ch. DuCharme, Phi-
lippe Engel, Jean Bte. Dubuque, Francois Courier and Thomas
Brady, having been elected at the new election, appeared and,
after havirfg taken oath of fidelity and also that of office, took their
place as magistrates.
At the same Court Joseph Labuxiere took oath of fidelity and
also that of office as clerk of the Court of this district.
At the same Court Pierre Troge took oath of office and of
fidelity for his commission of huissier of this Court.
No. I.
At the same Court there was granted Pierre Martin four hun-
dred arpents of land in the place called the Little Prairie by
right of concession.
No. 2.
At the same Court there was granted Thomas Brady four
hundred arpents of land in the place called the Little Prairie
on the bluffs by right of concession in accordance with his peti-
tion returned this day to him.
At the same Court.
President, Jean Bte. LaCroix. Philippe Engel.
Ant. Girardin. Thom. Brady.
Charles DuCharme. Francois Courier.
Jean. Bte. Morel, Plaintiff, vs. Jean Bte. Gaffe, Defendant.
The plaintiff brings a claim against the defendant for the sum
of ninety-nine livres eight sols in cash according to his current
account. The defendant pleads that the said Morel was
bound by verbal agreement to furnish him the boat, the
necessary men and supplies for the said journey and that he
most influential men of the village, decided that, since Pomp^, the negro, was purchased by
Harmand after the charge of poisoning the Nicolles was made against him, the purchase should
be annulled and Harmand released from his note as well as from interest and costs.
198 ILLINOIS HISTORICAL COLLECTIONS
hommes necessaires Et vivres pour le susdit voyage quil na pas
Effectud Sa promesse ouy les repliques, demandes Et deffences
le tout Examine nous avons Renvoye les parties hor de Cour et de
procds a ce sujet Sans pouvoir Rien se repeter lun Enver lautre
depens compensez Entreux.
a la meme cour
demandeur Francois Coyolle deffendeur Pierre troge
Le demandeur concluant a ce que le defendeur soit condamnd
a luy payer un billet de Neuf cent vingt Sept livres quinze sols
quil a produit.
Le defendeur a repondii quil avoit fait des ouvrages a deman-
deur a compte dud^ Billet et quil ofroit de finir led^ ouvrage que
cependant il Convenoit apres louvrage fait detre Encore redeva-
ble aud^ demandeur. le tout examine nous avons condamnd
le d^ troge a payer presentement la somme de Cent livres aud^
sr. Coyole la somme de Cent livres [sic], En outre quils Regleront
leurs comptes sous huit jours Et led* troge a faire louvrage
quil est Convenu, Sous trois mois de ce jour Et apres led*
ouvrage fini Et leur compte arrete le Condamnons a payer la
solde de son compte aud* s^ Coyole sans aucuns delais Et aux
depens.
a la meme Cour.
Clement alary demandeur Etienne ardouin defendeur
Le demandeur exposant que led* ardouin a abandonne une
pouliche au petit Laramee quil Croyoit morte Et sur les risques
dud* laramee pour une petite truye. le deffendeur aleguant quil
Croyoit avoir fait un badinage vu le Certificat de michel girar-
din qui declare que le change a Ete fait de Bonne foy Et
sans Badinage Nous adjugeons la pouliche aud* Clement
alary ou laramee. lequel livrera la petite truye aud* ardouin
Et par des domagement Condamnons led* Clement alary aux
depens.
a la meme cour le S^ francois saucier a Rendil compte a
leon Lepage de la sucession de Ses pere Et mere comme
Charge du recouvrement dont le dit Leon lepage luy a donn6
quitance.
COURT RECORD, JUNE, 1785 199
has not kept his promise. When these replies, prayers and
defences were heard and all examined, we dismissed the parties
and the suit on the subject without allowing either party to
bring suit against the other; the costs are to be shared between
them.
At the same Court.
Francois Caillot, Plaintiff, vs. Pierre Troge, Defendant.
The plaintiff concludes that the defendant should be con-
demned to pay him a note, which he produced, for nine hundred
and twenty-seven livres fifteen sols.
The defendant answered that he had done some work for the
plaintiff on account of the said note and offered to finish the
said work, and moreover agreed that after the work was finished
that he would be still in debt to the plaintiff. After all was
examined, we condemned the said Troge to pay now the sum of
one hundred livres to the said M. Caillot; and furthermore
decided that they shall settle their accounts within eight days,
and the said Troge is to finish the work for which he has con-
tracted within three months from this day, 'and after the said
work is finished and their account closed, we condemn him to
pay the balance of his account to the said Caillot without delay,
and to pay the costs.
At the same Court.
Clement Alarie, Plaintiff, vs. Etienne Hardouin, Defendant.
The plaintiff shows that the said Hardouin abandoned a filly
which he believed dead to the little Laramie and at the risk of
the little Laramde in exchange for a little sow. The defendant
pleads that he believed that it was a joke. Considernig the cer-
tificate of Michel Girardin who declares that the exchange was
made in good faith and not as a joke, we adjudge the filly to the said
Clement iVlarie or Laramde, who shall deliver the little sow to
the said Hardouin; and for damages we condemn the said
Clement Alarie to pay the costs.
At the same Court M. Francois Saucier rendered account to
Leon Lepage of the estate of his father and mother, as entrusted
to make recovery, for which Leon Lepage gave him receipt.
200 ILLINOIS HISTORICAL COLLECTIONS
a la meme cour les magistrats voulant Etablir une taxe fixe pour
les frais de justice En Egard au temp present avons fix^ et taxd
les frais de justice ainsy quil suit
Premierement En argent
au juge de Semaine
par chaque sentence 5*^
par chaque vacation 10
par chaque ordre 2.10
au greffier
par chaque ordre 5
par chaque sentence 5
a Ihuissier
par chaque ordre 5
par chaques ordres de Criee 3
p^ afiche Et publication 2
par chaque vacation aux Encan de 2 heures J 3
pour une saisie provisoire 5
p^ une jdg executoire 10
Et pour tous autres frais ils subsisteront Comme sur Lancien
pieds
arreste lesd* jour Et an.
Labuxiere gfer J B H LaCroix pr. Sidant
a la meme Cour a Et^ decide Entre les sept magistrat que
le s^ LaCroix Restera juge de Semaine.
La Cour est ajournee au i^'" 8^^"^ 1785.
Labuxiere grefier J B H LaCroix pr. Sidan
a la meme Cour Entre le s'" jean B^® Gaffe demandeur Contre
antoine harmand dit Sans facon deffendeur En Confirmant la
sentance de la Cour En datte du 4. 9^^® dernier Nous condamnons
le s^ harmand a rembourser au s^ Gaff^ les frais quil a fait p^
Racommoder la voiture quil a preste aud* s^ harmand Et ce Sans
delais Et aux depens.
La Cour ajournde au i^"" 8^^^ 1785.
Labuxiere gfier J B H LaCroix pr. Sidan
1 The justice of the week was chosen by the court to hold weekly sessions between the
sessions of the court. There is in Belleville, 111., a record of this court from July 9, 1785, to
February 14, 1786. It contains only sixteen pages, and there is little of interest in it. The
ourt is called "reformed "
COURT RECORD, JUNE, 1785 201
At the same Court the magistrates wishing to establish a list
of fixed prices for the costs of justice with reference to the present
time, have established and do establish the costs of justice as
follows:
First in cash.
To the justice of the week ' livres.
For each judgment 5
For each vacation ^ 10
For each writ 2. 10
To the clerk
For each writ 5
For each judgment 5
To the huissier.
For each writ 5
For each order to be proclaimed 3
For placard and publication 2
For each sitting at an auction of 2 J hours 3
For a provisional seizure 5
For an execution 10
And all other cost shall continue on the former scale.
Ordered this said day and year.
Labuxiere, Clerk. J. B. H. LaCroix, President.
At the same Court it was decided by the seven magistrates that
M. LaCroix shall remain justice of the week.
The Court adjourned to November i, 1785.
Labuxiere, Clerk. J. B. H. LaCroix, President.
At the same Court in the suit between M. Jean Bte. Gaffe,
plaintiff and Antoine Harmand called Sansfajon, defendant,
we confirm the decree of the Court of the 4th of November
last and condemn M. Harmand to reimburse M. Gaffe for the
costs he has incurred in repairing his pirogue, which he lent M.
Harmand, and that without delay, and to pay the costs.
The Court adjourned to October i, 1785.
Labuxiere, Clerk. J. B. H. LaCroix, President.
^ Vacation, time spent in performing some official act; in this case some act not ending
in a judgment, hence belonging to non-litigious judicial acts, such as appointing a guardian,
settling an estate, etc.
202 ILLINOIS HISTORICAL COLLECTIONS
a une Cour du i«^ 8^^^ 1785.
President M'" LaCroix Philip Engel
ant girardin charles Ducharme
Tho. Brady ' f^ Courier
B*e dubuc ^
Les Magistrats Etants assembles la Cour seante apr^s avoir
murement delibere Entreux Sur les Circonstances malheureuses
du tems ou il y a ny recoltes, ny argent, de plus la perte des Bes-
itaux occasionnee par linondation Et maladie Contagieuse. la Cour
considerant que les habitants de ce. district par tous les fleaux
qui leufs Sont arrivez Sont En Retard de payer leurs debtes Et
que leurs Creanciers Sans avoir Egard a leurs miseres leurs font
vendre leurs effets Et Bestiaux p^ un vil prix aux trois quarts de
leurs valeur, ce qui Ruine totalement Lesdits habitans Et voulant
Remedier a un mal aussi dangereux Et Si Ruineux au public, la
Cour a decide Et decide que tout Creanciers ne poura faire vendre
Les Biens de Son debiteur quant a present vu le manque despece Et
de pelterie qui metent Les debiteurs hors detat de payer, mais
que les Effets qui seront Saisis aux dits debiteurs Seront Estimez
par arbitres Et gens Connoisseurs Et que Le Creancier Sera
obligd de les prendre au prix de Lestimation Si mieux il naime
accorder du tems aud* debiteur En payant Linterest.
[Signed]
T Brady a* Girardin
B Dubuq Ch DuCharme
Phillipe Engel J B H LaCroix p. sd
Labuxiere grefier
a la meme Cour
Le S^ motard demandeur Contre Le S^ Bouvet Lamarche
deffendeur
vu la requet du S^ motard expositive que le deffendeur luy doit
une somme de Cinq cent quarante six livres Cinq sols pour mar-
chandises par Son compte, quil luy a vendu du mahis p^ partie de
' The flood of 1785 was one of the severest in the history of the Mississippi. The water
extended to the bluffs on both sides The people of Cahokia and Kaskaskia were obhged
to seek shelter on the higher ground. At Kaskaskia many houses were swept away. The
western bank suffered no less severely, and the old village of Ste. Genevieve was deserted for a
site more protected from the river. — Dodge to Wm. Clark, Oct, 18, 1785, Dr. MSS. 1M126.
COURT RECORD, OCTOBER, 1785 203
At a Court, October i , 1785.
President, M. LaCroix. Philippe Engel.
Ant. Girardin. Charles DuCharme.
Tho. Brady. Fr. Courier.
Bte. Dubuque.
The magistrates being assembled and the Court in session,
after carefully deliberating on the unhappy conditions of the time,
when there are neither crops nor money; and considering further-
more the loss of the cattle occasioned by the inundations and con-
tagious disease ; ^ and considering that the inhabitants of this dis-
trict on account of all the troubles, which have occurred, are back-
ward in paying their debts and that their creditors without heed to
their miseries are having their goods and cattle sold for a low price
at three fourths of their value, which is ruining the said inhabitants
totally; and wishing to remedy an evil so dangerous and so ruinous
to the public, the Court has decided and decides that no creditor
can have the property of his debtor sold, as at present, because of
the lack of money and peltries, which puts the debtors out of position
to pay; but that the goods of the said debtors, which shall be seized,
shall be appraised by arbitrators and appraisers and the creditor
shall be obliged to take them at the appraised price, if he does not
prefer to allow the debtor time on condition of paying interest.
[Signed.]
T. Brady. Ant. Girardin.
B. Dubuque. Ch. DuCharme.
Philippe Engel. J. B. H. LaCroix, President.
Labuxiere, Clerk.
At the same Court.
M. MoTARD, Plaintiff vs. M. Bouvet Lamarche Defendant.
The explanatory petition of M. Motard was examined, in
which he says that the defendant owes him the sum of five hun-
dred and forty-six livres five sols for merchandise according to
his account and that the latter sold him corn for part of the
said sum without knowing the quantity that he had in his barn,
which did not amount to eighty sacks, and that the plaintiff had
bought it at the rate of fifty jrancs the load of eighteen sacks
204 ILLINOIS HISTORICAL COLLECTIONS
ladite somme sans savoir la quantite quil y avoit dans son grenier
qui naloit pas a quatre vingt sacs, quil lavoit achete sur le pieds
de Cinquante franc la tomber^e de dixhuit sacs de deux minots.
mais que par une autre Convention led* Bouvet devoit mener Le
mahis a S* Louis ou il devoit Etre mesurd Et le Demandeur de-
voit le payer 60^^ la tomberde Et devoit luy fournir une voiture
p^ le Charoyer seulement que quelque jour apres led* Bouvet a
vendu le mahis Et que le S'" Bouvet luy a fait manquer a Ses En-
gagement par ledeffaudde luylivrerle mahis oy [sic] le d* Bouvet
En Ses deffences qui a dit que le s^ motard luy avoit livrd une
voiture Sans tolet ny Rames Et quil navoit pas sans servir Et
que par ce retard Et diminution quil y avoit Eu sur le mahis il
lavoit vendii Et quil ne desavouoit pas devoir ladite somme le
tout Considere La Cour a decide que led* Bouvet payera la som-
me de Cinq cent quarante six livres Cinq sols quil doit aud* s'"
motard Et ce Sous un mois de ce jour Et au deffaud quil Sera
saisy de Ses Effets pour ladite somme Et Estimez par arbitres
Lesquels Effets led* s'' motard sera tenu de prendre au prix de
lestimation si mieux il naime donner plus long terme aud* Bouvet
En payant linterest a raison de Cinq pour Cent Et Condamnons
led* Bouvet aux jfrais que nous avons liquidez a la Somme
de quinze livres ce qui sera execute la Cour seante tenue par
M^ LaCroix presidant M^ antoine girardin Thom Bredy B*«
Dubuc, philipe Engel, Charle duCharme Et fr Courier lesd*
jour Et an.
J B H LaCroix
a la meme Cour
M^ Antoine girardin apelant de la Sentence arbitrale Rendu
Contre le 7 7^^^ dernier Contre le S^ Izaac Levy Deffendeur
Et demandeur.
Les parties ayant parii a ladite Cour seante ced* jour Sont Con-
venu de Sen Raporter a la decizion sans apel de M^^ Thom Bredy,
philipe Engel francois Courier Et charles ducharme magistrats
Lesquels aprds etre Bien Et murement instruit des Raisons qui
font la Contestation du Boeufs en difficulte Entre le demandeur
et le deffendeur Et se trouvant les dits S'^^ quatre magistra de deux
COURT RECORD, OCTOBER, 1785 205
of two minots each; but that by another agreement the said
Bouvet was to deliver the com at St. Louis, where it was to be
measured and the plaintiff was to pay him 60 livres the load
and to furnish him a boat merely for transporting it; and that
some days later the said Bouvet sold the corn and caused the
plaintiff to fail in his engagements, because the said Bouvet did
not deliver him the com. Heard the said Bouvet in his defence,
who said that M. Motard had delivered him a boat without
tholes and oars and that he had not been able to use it, and
that on account of the delay aivi the decrease there was in the
com he had sold it, and that he did not deny that he owed the said
sum. After aU was considered, the Court decided that the said
M. Bouvet shall pay the sum of five hundred and forty-six livres
five sols which he owes M. Motard and this within a month
from this day, and in default of payment that there shall be a
seizure of his goods for the said sum and they shall be appraised by
arbitrators; which goods the said M. Motard shall be bound to take
at the price of the appraisement, unless he prefers to give the said
Bouvet a longer term and receive interest at the rate of five per cent.
And we condemn the said Bouvet to pay the costs, which we have
set at fifteen livres, for which there will be execution. At the
session of the Court held by M. LaCroix, President, MM. Ant.
Girardin, Tom. Brady, Bte. Dubuque, Philippe Engel, Charles
DuCharme, and Fr. Courier, this said day and year.
J. B. H. LaCroix.
At the same Court.
M. Antoine Girardin, appealing from the sentence by arbi-
tration rendered against him the 7th of September last, vs. M.
Isaac Levy, plaintiff and defendant.
The parties appeared at the said session of the Court this day
and agreed to refer their cause without right of appeal to the de-
cision of MM. Tom. Brady, Philippe Engel, Francois Courier
and Charles DuCharme, magistrates. After being well and care-
fully instructed in the grounds of the contest about the ox in dis-
pute between the plaintiff and the defendant, the four magis-
trates finding themselves divided in opinion called in M. Francois
2o6 ILLINOIS HISTORICAL COLLECTIONS
avis dififerents ont apell^ M'^ francois trotier pour Cinquiesme
juge. les autres magistrals nayant pu donner leur voix p^ etre
temoins ou ayant Servy dans la p^® Cause, cest pour quoy nous
magistrals Cy devant Nommes Sommes davis Et notre decizion
est que M^ girardin remetra un Boeuf au S'" Levy du meme age de
celuy qui fait actuellement la matiere de la Contestation. Lequel
Boeuf Led* s^ Levy sera Contraiht de recevoir en place de celuy
vendu de bonne foy par le s'" girardin au s^ forget Et les condam-
nons a payer Chacun La moitie des frais qui ont Ete fait Et ceux
fait p^ la presente sentence ce qui sera execute sans aucun apel ny
Renvoy a autre seance tel est notre opinion Et notre decizion.
[Signed]
DuCharme fr trottier
Phillipe Engel T Bredy
Labuxiere grefier
La Cour est ajourne au deux de Janvier et a Nomme M^
Charle ducharme pour juge de Semaine Lequel a accepte ladite
Charge. Ch DuCharme.
aujourdhuy Septieme jour doctobre mil Sept Cent quatre vingt
Cinq a la requisition du s'" Izaac Levy la Cour Setant assembl^e
pour recevoir le Serment dofhce de douze jures pour decider Et
reviser laffaire dEntre Led* S'^ Levy Et le S^ antoine Girardin.
Lesdits S^^ jures Etants Comparus cejourdhuy Pardevant ladite
Cour savoir les S'^^ bergeron Louis gau, Paul poupart Louis Pillet,
antoine Boyer, Charles Lefevre mathieu Saucier, philipe Gervais
pierre martin, B*^ Dumay, Raphael Gagnez, pierre Laperche dit S*
jean, Les quels apres avoir fait aparoir de Lassignation qui leur
a Ete donnee Le jour de hier la Cour leur a fait faire sermant dof-
fice Sur les Saints Evangile de decider En leur ame Et Conscience
ladite contestation au Sujet du Boeuf qui fait la matiere du proces
Entre les parties Et ont promis Et jure dy proceder suivant Leurs
Sermant Les pieces Et Sentence cy devant Rendues leurs ayant
1 This is in accordance with the law governing arbitration. See supra, p. i6o, note i.
2 This case was begun by Levy bringing suit against Lapance for the ox in the court of
the justice of the week, September 7, 1785. Girardin declared that the ox was his, when he
sold it to Lapance, and offered as proof that his brand as well as Levy's was on the animal.
Arbitrators were appointed, who decided in favor of Levy. Two days later Girardin appealed
from the decision. — Record of the justice of the week in Belleville, 111.
COURT RECORD, OCTOBER, 1785 207
Trottier as a fifth judge. The other magistrates were not able
to give their opinion, since they were either witnesses or had
served in the first suit^ For this reason we, the magistrates
herebefore named, are of the opinion, and our decision is, that M.
Girardin shall return to M. Levy an ox of the same age as that
which is at present the subject of the contestation; which ox the said
M. Levy shall be compelled to accept in place of the one sold in good
faith by M. Girardin to M. Forget; and we condemn each to pay half
of the costs, which have been made, and those made for the present
judgment, for which there will be execution without any appeal or
reference to another session; such is our opinion and our decision.^
[Signed]
Fr. Trottier DuCharme.
T. Brady. Philip Engel.
Labuxiere, Clerk
The Court adjourned to the Second of January and named
M. Charles DuCharme as judge of the week and he accepted the
said ofiice.
To-day the seventh day of October, 1785, on the application
of M. Isaac Levy the Court was assembled to receive the oath of
office of a dozen jurors to decide and revise the case between M.
Levy and M. Antoine Girardin.
The said MM. jurors appeared to-day before the said Court,
to wit: MM. Bergeron, Louis Gaud, Paul Poupar, Louis Pillet,
Antoine Boyer, Charles Lefevre, Matthieu Saucier, Philippe Ger-
vais, Pierre Martin, Bte. Dumay, Raphael Gagn^, Pierre La-
perche called St. Jean, and, after having shown their summonses
given them yesterday, the Court made them take the oath of office
on the Holy Gospels to decide on their conscience the said litigation
in regard to the ox which makes the matter of the suit between the
parties, and they have promised and sworn to act according to their
oaths. The documents and judgment heretofore rendered were
placed in their hands this day by us, Charles DuCharme, Bte. La-
croix. President, B. Dubuque, Tom. Brady and Francois Courier.
At the session of the Court the said day and year.
Labuxiere, Clerk. J. B. H. LaCroix, President.
2o8 ILLINOIS HISTORICAL COLLECTIONS
Et^ remise En main cejourdhuy. par nous Charles DuCharme
B*e LaCroix presidant, B*« Dubuc, Thorn Bredy, Et francois
Courier.
La Cour seante lesd*^ jour Et an.
Labuxiere greffier J B H LaCroix p sd
Et a linstant led* S'^ Levy a fait paroitre armant teller pour ren-
dre temoinage Sur ce quil Salt a loccasion du Boeuf Et a linstant
led* amant teller Etant Comparii luy avons fait faire Sermant de
dire la verite Sur ce qui est a Sa Connoissance a ce sujet devan
Lesd* s^ jures Et a dit ne savoir signer Lesd* jour Et an.
Labuxiere grefier J B H LaCroix pr. sd
Led* S^ Levy a fait comparoitre aussi le* S^ philipe Engel pour
rendre temoinage Sur ce qui est a Sa Connoissance a loccasion du
Boeuf en Contestation lequel a linstant Etant Comparti luy avons
fait faire Sermant de dire la verite a M^^ Les jurez Sur ce qui est
a sa Connoissance et a Signd lesd* jour Et an.
Philipe Engel
Labuxiere grefier J B H LaCroix pr sd
Le S^ Girardin a fait comparoitre francois alexandre habitant
de la pr^® du pont pour rendre temoinage devant M^^ Les jures de
ce qui est a Sa Connoissance sur le Boeuf En Contestation, lequel
aprds sermant fait devant M^^ les magistrats Sur les Saints Evan-
giles a promis Et jur^ de repondre Et declarer selon la verite Sur
tout ce quil sait concernant led* Boeuf Et ditne savoir signer lesd*.
jour Et an.
Labuxiere grefier J B H LaCroix pr sd
Et led* jour Sept octobre mil Sept cent quatre vingt Cinq. Nous
Jean B*^ Bergeron, Louis Gau, Paul poupart, Louis Pilet, antoine
Boyer, Charle Lefevre, Mathieu Saucier, Philipe Gervais, p^®
martin, B*® DuMay, Raphael Gagnez Et pierre Laperche tous
jures Nommes par M^^ Les magistrats pour decider Le proces en
Contestations dEntre le S^ Izaac Levy et le S^ antoine Girardin ouy
Les Deux parties En leurs demandes repliques, reponses Et Con-
testations remontrances, dires Et requisitions quils nous ont fait
verbalement par leur Bouche avantnotre decizipn, Ensemble La
deposition de amant teller, de francois alexandre du S'^ philipe
COURT RECORD, OCTOBER, 1785 209
And now the said M. Levy summoned Armant Tellier to give
testimony of what he knew about the ox. The said Armant
Tellier now appeared and we caused him to make oath to tell
the truth about what was within his knowledge on this subject
before the said MM. jurors ; and he said that he did not know how
to sign his name the said day and year.
Labuxiere, Clerk. J. B. H. LaCroix, President.
The said M. Levy summoned also M. Philippe Engel to give
testimony of what was within his knowledge about the ox in
dispute. He now appeared and we caused him to make oath to tell
the truth to MM. the jurors about what is within his knowledge;
and he has signed the said day and year.
Philippe Engel.
Labuxiere. Clerk. J. B. H. LaCroix.
The said M. Girardin summoned Francois Alexandre,
inhabitant of Prairie du Pont, to give testimony before MM. the
jurors of what was within his knowledge about the ox in dispute ;
and he, after oath was made on the Holy Gospels before MM.
the magistrates, has promised and sworn to answer and declare
according to the truth in regard to all that he knows concerning the
said ox; and he said that he did not know how to sign the said
day and year.
Labuxiere, Clerk. J. B. H. LaCroix, Pres.
The said day the seventh of October, 1785, we Jean Bte. Ber-
geron, Louis Gaud, Paul Poupar, Louis Pillet, Antoine Boyer,
Charles Lefevre, Matthieu Saucier, Philippe Gervais, Pierre Mar-
tin, Bte. Dumay, Raphael Gagnd and Pierre Laperche, all jurors
appointed by MM. the magistrates to decide the case in dispute
between M. Isaac Levy and M. Antoine Girardin, after hearing
the two parties in their prayers, replies, responses, contestations,
remonstrances, pleadings and applications, which they have made
to us verbally by word of mouth before our decision, together
with the depositions of Armant Tellier, Franfois Alexandre and
Philippe Engel, which they have made on oath before us, and after
examining the petitions and the documents produced by M.
Girardin as well as the certificate, act of appeal and judgment
2IO
ILLINOIS HISTORICAL COLLECTIONS
angel quils ont fait devant Nous par Sermant, Les requetes Et
pieces a Nous produites par le S^ girardin tant certificat acte dapel
que sentences Rendues sur les registres daudience Le tout dont
nous avons pris une parfaite connoissance et nous etre instruit de
1 affaire concernant le Boeuf en Contestation depuis le Commence-
ment de la p^® visite jusqua ce jour, Et avoir fait ce dit jour visite
dud^ Boeuf Et des Etampes Sur la fesse apres la voir fait razer pour
plus grande surete Et Eclaircissement, Et apres Etre plainement
instruit de toute Ladite Contestations et avoir donn^ notre opinion,
Selon Nos ames Et conscience En consequance du sermant que
nous avons fait Nous sommes tous davis Et condamnons M^
antoine Girardin a rendre Le meme Boeuf quil a vendu au s''
Joseph Lapensee, au S^ Levy Comme Etant Son propre Boeuf a
quoyfairele S^ Joseph Lapensee Contraint. Solidairement avec
led^ s^ Girardin comme led^ Boeuf se trouvant actuellement En la
pocession dud^ Joseph Lapensee, Sauf aud^ S^ Girardin et La-
pensee de Saranger Ensemble pour se faire Raison dud^ Boeuf
En en [sic] remetant un autre aud^ Lapensee ou Saranger
Comme Bon luy semblera. Sans pouvoir par led^ s^ Girardin ny
lapensee retenir plus longtems led* Boeuf En Contestation qui
sera Remis aud* S'^ Levy sous vingt quatre heures Et en outre
Condamnons M^ antoine girardin En tous les frais Et depens
depuis le Commencement du proces jusqua ce jour Lesquels frais
Seront liquidez par la Cour, telle est notre opinion et notre
decizion Et avons signe Et fait nos marques ord^^^ lesd* jour et an.
[Signed]
Louis gaud
marque de
+
pierre martin
marque
Mth. Saucier
marque de
+
Charles Lefevre
marque de
+
B*^ Dumay
marque
+
dantoine Boyer
Bergeron
marque de
+
raphael Gagnez
pierre Laperche
marque de
+
Louis pilet
marque de
+
Philipe Gervais
marque de
+
paul poupart
COURT RECORD, OCTOBER, 1785
211
rendered on the registers of the Court, of all which we have
received a perfect knowledge, and after we have instructed
ourselves of the cause concerning the ox in dispute, since the
first inspection up to this day; and after we have made this said
day an inspection of the said ox and of the mark on the buttock,
after having it shaved for greater sureness and clearness; and
after being fully instructed of all the said litigation and having
given our votes according to our conscience in consequence of
the oath which we have taken; we are all agreed and condemn
Antoine Girardin to return to M. Levy, as it is his own,
the same ox which the former sold to M. Joseph Lapanc^, to
which M. Joseph Lapanc^ is constrained conjointly and severally
with the said M. Girardin, since the ox is at present in
the possession of the said Joseph Lapanc^, reserving to the
said MM. Girardin and Lapance to make arrangements together
to do each other justice for the said ox either by gift of another
to the said Lapance from M. Girardin or by making arrangements
as seem good to them; without power by the said M. Girardin or
Lapance to retain the ox in litigation a longer time, but it shall
be returned to the said M. Levy within twenty-four hours: and
furthermore we condemn M. Antoine Girardin to pay all costs and
charges from the commencement of the suit up to this day, which
costs shall be determined by the Court. Such is our opinion and
our decision, and we have signed and made our marks this said
day and year.
Mth. Saucier.
Mark of
Louis Gaud.
Mark of
Pierre Laperche
Mark of
+
Charles Lefevre
Mark of
+
Pierre Martin
Mark of
+
Louis Pillet
Mark of
+
Bte. Dumay
Mark of
+
Bergeron
Mark of
+
Philippe Gervais
Mark of
+
Antoine Boyer
+
Raphael Gagn
+
i6 Paul Poupart
212 ILLINOIS HISTORICAL COLLECTIONS
Veu par la Cour la Sentence de lautre part laquelle nous con-
firmons Et homologuons par ces presentes et ordonons quelle Sor-
tira son plain et Entier Effets Et avons sign^ lesd* jour Et an.
[Signed]
marque de DuCharme
+ Brady
fr. Courier J B H LaCroix.
B Dubuque
Labuxiere grefier
aujourdhuy huitiesme jour doctobre mil sept cent quatre vingt
Cinq Est Comparu au grefife de ce siege le S^ jean B*^ LaCroix
porteur du billet cy aprds lequel men a requis moy grefier Sousign^
Lenregistrement portant ce qui Suit.
En presence des temoins Sousign^ moi jean marie durant Sous
ma marque je promet et moblige payer a la N^^^ Orleans a lordre
du S^ jean B*^ laCroix la Somme de Cent quatre vingt dix neuf
livres En argent pour pareille Somme que led* S^ ma prete aux
Cahos le 20. aoust 1784. Signe dun + p^ marque de J. M. durant,
fr saucier temoin. Et apres led* Enregistrement fait led* original
a Ete remis par moy greffier Sousigne aud* S^ jean B*^ LaCroix
qui a Signe avec moi lesd* jour Et an.
Labuxiere grefier J B H LaCroix.
du 12. 9^^e jyg^^
a une Cour tenue Extraordinairement par Les magistrats cy
apres Nommes.
M^"" Charles ducharme Thom Bredy
. J B*e Dubuque Philipe Engel
Le S^ Jean B*« LaCroix demandeur
Le demandeur Suplie la Cour de luy accorder Sa demission
pour la traite des Sauvages En ce village ainsi quelle luy avoit Ete
accordee par une Sentence de ladite Cour du 8 mars 1782. Et
confirmee par une autre Sentence de la meme Cour du 29 8^^^
1 This should have been entered in the book of record, which is printed hereafter, pp. 449
et seq. Its registration here may be due to an error of the clerk, but from now on this book is
occasionally used in this way.
2 See also pp. 125, 575.
COURT RECORD, NOVEMBER, 1785 213
The judgment of the other part being duly considered by the
Court, we confirm and sustain it by these presents and order that
it shall have its full and entire efifect; and we have signed this said
day and year.
[Signed]
Mark of Ducharme
+ Brady
Fr. Courier J. B. H. LaCroix
B. Dubuque Labuxiere, Clerk.
To-day, the eighth day of October, 1785, there has appeared a
the record-office of this jurisdiction M. Jean Bte. LaCroix bearing
the following note, and he required of me, the undersigned clerk,
the registration thereof, and it contains what follows:
In the presence of the undersigned witnesses, I, John Marie
Durand, under my mark, promise and bind myself to pay at New
Orleans to the order of M. Jean Bte. LaCroix the sum of one
hundred and ninety-nine livres in money in return for a like sum
which the said gentleman has loaned me at Cahokia, the 20th of
August, 1784. Signed with + for the mark of J. M. Durand; Fr.
Saucier, witness; and after the said registration was made, the
said original was returned by me, the undersigned clerk, to M.
Jean Bte. LaCroix, who has signed with me the said day and year.^
Labuxiere, Clerk. J. B. H. LaCroix.
November 12, 1785.
At a special session of the Court held by the magistrates here-
after named:
MM. Charles DuCharme. Thom. Brady.
J. Bte. Dubuque. Philippe Engel.
M. Jean Bte. LaCroix Petitioner
The petitioner prays the Court to accept his resignation of
the privilege to trade with the savages in this village in the form it
was granted him by a decree of the said Court, March 8, 1782,^
and confirmed by another decree of the said Court the 29th
of October last, for reason known to himself; and he declares
that he abandons and leaves it to the Court to make orders in
regard thereto.
214 ILLINOIS HISTORICAL COLLECTIONS
dernier pour raison a luy Connue declarant quil labandonne Et
laisse a la disposition de la Cour den ordonner.
Veu la demande du S^ LaCroix Nous avons Ennule Sa demis-
sion Et Le dechargeons de la traite des sauvages En ce poste Et
de toutes les conditions aux quelles il setoit oblige par la Sentence
du 8 mars 1782.
DuCharme P. sd.
Labuxiere grefier J B H LaCroix.
Et a linstant Sont comparus les S^^ Izaac Levy Et Thom Bredy
citoyen de ce village Les quels ont suplie La Cour de leur accorder
la meme traite Et privilege dont le S^ LaCroix a donne Sa demis-
sion, o£frant de se Conformer a la sentence du 8 mars 1782.
surquoy La Cour a accorde Et accorde aux exposant le meme
privilege qui avoit Ete cy devant donne aud* s^ LaCroix Et ont
fait Sermant de sy Conformer lesd^ jour Et an.
Brady. J B H LaCroix psd
Labuxiere grefier
La Cour assembl^e voulant remedier aux abus continuels qui
se Commetent journellement dans ce village par lau de vie qui se
versse aux sauvages dont il En resulte des Effets tres dangereux
Et pernissieux au bien Et a la tranquilite publique.
La Cour a deffendu Et deffent tres empressement a toutes
personnes de telle qualite Et conditions quelles puissent etre de
donner aucunne Boisson Enyvrante aux Sauvages, Sous pretexte de
visite de Camarade, de Connoissance, traite ou autrement, pas
meme Seulement un Coup Soit a leur arrivee ou a leur depart a
peine de trois cent livres damande, de Confiscation de la traite,
quils auront fait Et de plus grande peine En Cas de residive. dont
les Sauvages Seront Cru Sur leur declaration Sans quil Soit Besoin
de plus grande preuve. Et les Sauvages Seront arretes jusqua
ce quils ayent fait leur declaration Reservons neantmoins la
liberte a M^ trotier commandant de ce village den donner avec
prudence Et moderation lors que les sauvages viendront Le voir
tant pour les Conseil que pour les autres occasions ou un Com-
mandant ne pent Sen dispanser ainsy quil est dusage donne la
Cour Seante lesd^ jour Et an. Et la presente Sera lue publide Et
COURT RECORD, NOVEMBER, 1785 215
In view of the prayer of M. LaCroix we have accepted his resig-
nation and relieved him of the trade with the savages in this post
and of all the conditions by which he was bound by the decree of
March 8, 1782.
DuCharme, Pres.
Labuxiere, Clerk. J. B. H. LaCroix.
And now appeared MM. Isaac Levy and Tom. Brady, citizens
of this village, who petitioned the Court to grant them the same
commerce and privileges, of which M. LaCroix gave his resigna-
tion, and they offer to conform to the decree of March 8, 1782.
Whereupon the Court has granted and does grant to the petitioners
the same privilege, which had been herebefore given to the said M.
LaCroix; and they have made oath to conform thereto the said
day and year.
Brady. J. B. H. LaCroix, Pres.
Labuxiere, Clerk.
The Court assembled to remedy the continual abuses, which
are daily committed in this village through the liquor which is
served to the savages, from which there results effects very danger-
ous and penicious to the welfare and the tranquillity of the public.
The Court has forbidden and does forbid very expressly all
persons, of whatever quality and condition they may be, to give
any intoxicating drink, even a draught, to the savages under
pretext of social visit, of acquaintance, by way of trade or other-
wise, either on th6ir arrival or their departure, on pain of three
hundred livres fine and confiscation of the business they have
made, and of greater punishment in case of second offense; in
regard to which the savages shall be believed on their ajB&davit
without need of greater proof, and the savages shall be held until
they have made their affidavit. We reserve, however, to M.
Trottier, commandant of this village, the liberty to give some
with prudence and moderation, when the savages shall come to
see him either for holding councils or on other occasions when a
commandant cannot dispense therewith, as it is customary.
Given at the session of the Court the said day and year. And the
present decree shall be read, published and placarded on the door
2i6 ILLINOIS HISTORICAL COLLECTIONS
afichde a la porte de cette Eglise Et signiffiee au marchand Etran-
ger residant En ce poste a ce quils nen pretendent Cause dignor-
ence.
Labuxiere grefier J B H LaCroix p Si
Public^ et afich^e p' la 2^ fois le 3 x^'*® 1786. Labuxiere
a une Cour du dix neuf Novembre mil sept cent quatre vingt
Cinq. Le S^ pierre antoine Thabault a fait Serment de fidelity aux
Etats unis de Lamerique Et promis de se Conformer aux Edits et
reglements du Gouvernement de virginie et a Signd lesd* jour Et
an. P A Tabeau
J B H LaCroix pr.sed. Labuxiere
a la meme Cour
M'* Jean Dumoulin demandeur contre Pierre Troge deffendeur
Le demandeur a produit un billet contre le deffendeur de la
Somme de Sept cent quatre vingt une livres quinze sols En argent
Echus En demandant le payement.
Le deffendeur a reconnu le Billet Et a dit Navoir point de quoy
le payer actuellement quil demdoit \sic\ huit jour de delais. Pour
saranger avec le S^ Caillole avec qui il avoit des comptes. le de-
mandeur a replique que jusqua ce tems M^LaCroix ne se denantisse
pas de quarante Cinq Sacs de mahis quil avoit apartenants aud*
troge.
La Cour faisant droit a accorde Le delais de huit jour aud<^
troge Et jusqua ce tems a Saisy conservatoire* entre les mains de
M'" LaCroix les quarante Cinq Sacs de mahis p^ led* tems passd
etre ordonnd ce quil apartiendra.
Labuxiere grefier J B H LaCroix pr.sd
a une Cour du deux Janvier mil sept Cent quatre vingt Six
tenue par
Messieurs jean B*^ LaCroix, presid*.
Thom Bredy Philipe angel
j. B*^ Dubuque Charle duCharme
Les habitans du grand Ruisseau ont presente une Requete. que
la dite a repondu et ordonne que les representant Seront sommis
a cette jurisdiction comme Etant de cette dependance sauf a eux
1 Note in the margin by the clerk.
COURT RECORD, JANUARY, 1786 217
of this church and announced to the alien merchants residing in
this post, so that they may not plead the cause of ignorance.
Labuxiere, Clerk. J. B. H. LaCroix, Pres.
Published and placarded for the second time December 3, 1786.^
Labuxiere.
At a Court the 19th of November, 1785, M. Pierre Antoine
Tabeau made oath of fidelity to the United States of America and
promised to conform to the edicts and regulations of the govern-
ment of Virginia, and has signed the said day and year.
P. A. Tabeau.
Labuxiere. J. B. H. LaCroix, Pres.
At the same Court.
M. Jean Dumoulin, Plaintiff, vs. Pierre Troge, Defendant.
The Plaintifif produced a note against the defendant for the
sum of seven hundred and eighty-one livres fifteen sols in
money, which is matured, and demands payment.
The defendant acknowledged the note and said that he did not
have wherewith to pay at present and demands delay for a week to
make arrangements with M. Caillot with whom he had some
accounts. The plaintiff replied that until that time M. LaCroix
ought not to dispose of forty-five sacks of corn, which he had,
belonging to the said Troge.
The Court justly granted the delay of a week to the said
Troge and until that time attached for security the forty-five sacks
of corn in the hands of M. LaCroix, that orders may be given as
may be fitting, when that time is passed.
Labuxiere, Clerk. J. B. H. LaCroix, Pres.
At a Court the 2nd of January, 1786, held by
MM. Jean Bte. LaCroix, President. Philippe Engel.
Tom Brady. Charles DuCharme.
J. Bte. Dubuque.
The inhabitants of the Grand Ruisseau presented a petition,
which the said [Court] answered and it decrees that the petitioners
shall be submitted to this jurisdiction as belonging to this depend-
ency, reserving to them the right to name arbitrators in case of dis-
putes in their affairs occurring among them, without detracting from
2i8 ILLINOIS HISTORICAL COLLECTIONS
de nommer des arbitres En Gas de Contestation dans les affaires
qui surviendront Entreux Sans desroger a Ihotorit^ de cette dite
Cour. Et leur accorde En outre de Nommer Entreux un Com-
mandant pour y maintenir le Bon ordre Et la police qui sera subor-
donnd au Commandant des Cahos Et Sujet a luy obeir et a rece-
voir Ses ordres Et qui se presentera devant cette dite Cour pour
preter Sermant dofice Et de fidelite avant dexercer aucun pouvoir
donnd aux Cahos le deux Janvier mil sept Cent quatre vingt Six.
Labuxiere grefier J B H LaCroix prdt
a la meme Cour
Le S'" Izaac Levy demandeur Contre Charles LaCroix for-
GERON deffendeur
Le demandeur produit un Billet de la Somme de huit Cent
livres En argent dub par le deffendeur Et Echu demandant que
led* deffendeur Soit Condamne a luy En payer Sans delais le
montant.
ouy aussi le deffendeur qui a reconnu Son dit Billet, mais quil
est convenu verbalement avec le s^ Levy dans le tems quil luy a
fait Ses avances de prendre des Billets dhabitants En payements.
Et que cest sa Convention sans laquelle il Nauroit Rien pris ches
Le S'" Levy.
Le S^ Levy a replique le Contraire Et a dit quil netoit point
Convent! de ce fait persistant a ce que le deffendeur Soit Condamne
a luy payer ladite somme Sans delais N'Entendant aucunnement
prendre des Bons dhabitant En payement.
Led* Charles laCroix a soutenu que Led* s'^ Levy Etoit Convent!
verballement de prendre lesd* Bons dhabitants Et que Setoit Sa
Convention.
Les quelles parties N'ont pu donner aucunnes preuves de part
ny dautre Et le billet ne faisant aucunne mention de ce fait parties
ouyes et le tout Considere Et Examine La Cour a ordonne Et
ordonne quil sera donne aud* Charles laCroix un mois de Credy
pour retirer ce qui luy Est dub des habitants Soit En argent ou
danrees au prix du Cour. les quelles payement Seront Remis
1 The currency of the period consisted principally of what were called " peltry bons ."
They were notes, issued generally by the merchants, bearing on their face the inscription that
they were good (bon) for so many pounds of shaved deer-skins. These were used in all the
COURT RECORD, JANUARY, 1786 219
the authority of this said Court; and it grants them furthermore
the right to name among them a commandant to maintain there
good order and police, who shall be subordinated to the comman-
dant of Cahokia and obey him and receive his orders, and who shall
present himself before this said Court to take the oath of office and
of fidelity before exercising any authority. Given at Cahokia the
2nd of January, 1786.
Labuxiere, Clerk J. B. H. LaCroix, Pres.
At the same Court.
M. Isaac Levy, Plaintiff vs. Charles LaCroix, blacksmith,
defendant.
The plaintiff produces a note for the sum of eight hundred
livres in money due by the defendant and which has matured, and
prays that the said defendant be condemned to pay to him the
amount thereof.
Heard also the defendant, who acknowledged his said note,
but says that it was agreed verbally with M. Levy, at the time that
the latter made him these advances, to take some notes of the
inhabitants in payment; and that this is his agreement, without
which he would have taken nothing at M. Levy's.
M. Levy made rejoinder and said that there was no agreement
of that kind and persisted that the defendant should be con-
demned to pay him the said sum without delay, since he did not
intend to take bons ^ of the inhabitants in payment.
The said Charles LaCroix maintained that the said M. Levy
made a verbal agreement to take the said bons of the inhabitants
and it was his convention.
Neither party has been able to give any proof and since the note
makes no mention of this agreement, after the parties were heard
and all considered and examined, the Court decreed and does
decree that there shall be given Charles LaCroix a month's credit
to procure from the inhabitants what is due him either in cash or
commodities at the price current, which payments in the same
kind shall be delivered to the said M. Levy, who shall not be
transactions of the inhabitants. The form of a bon was as follows: "Bon pour six livre de
Barbue a St. Louis ce 25 ybre, 1799. Antoine Roy." — Address by Judge W. C.Carr at St.
Louis, February 15, 1747 •
220 ILLINOIS HISTORICAL COLLECTIONS
aud* S^ Levy par led* LaCroix En meme nature qui ne poura les
refuser jusqua la Concurance de Son dub. si mieux naime led*
S'" Levy de sacommoder des Billets quil jugera a propos, ou avec
les personnes qui les doivent Et condamnons le deffendeur aux
frais que nous avons liquidez a quinze livres lesd* jour Et an.
p^ Le grefe lo J B H LaCroix prsdt
p'" Ihuissier 5 Labuxiere grefier
La Cour est ajournde au i^'" de fevrier mil sept cent quatre
vingt six Et les Extraordinaire auront lieux.
a une Cour du quatorze fevrier mil Sept Cent quatre vingt Six.
M^^ Jean B*^ LaCroix Presidant
fr. courier Charles ducharme
antoine girardin Philipe angel
B*« Dubuque
Jean B*« Baron demandeur contre Louis Lambert deffendeur
et Joseph vaudry aussi defendeur
Le demandeur demande a la Cour quil luy soit paye la Somme
de Soixante livres pour deux Communs quil a fait le printems
dernier pour les dits deux deffendeurs par ordre de M''^ girar-
din Et Dubuque magistrats aux Communs De la prairie de ce
village les dits deffendeurs ayant refusd de la faire dans le
tems fixe.
ouy les deffendeurs qui ont dit quils navoient point de terre a la
prairie de ce village Et quils avoient fait leur commun a la prairie
du pont que ces Communs apartenoient a des personnes du village
qui nen avoient point fait.
Le demandeur a replique quil les avoit faites pour les defend-
eurs par ordre de M""^ Dubuque Et girardin Et quil luy avoit
promis de le faire payer, ouy M''^ Dubuque magistrats qui est
Convenu du fait. Le tout considere tout considere Nous con-
damnons les dits Lambert et vaudry a payer Chacun la s^^ de trente
livres aud* jean B*^ Baron Et ce sans delais Et aux frais Et depens
que nous avons liquidez a la Somme de vingt Cinq livres, dont dix
livres p^ Ihuissier et quinze livres pour le grefier tant p^ deux ordres
que pour la presente sentence ce qui sera Execute lesd* jour Et an
^ Clerk's note in the margin.
COURT RECORD, FEBRUARY, 1786 221
allowed to refuse them up to the equivalent of his due, unless the
said M. Levy prefers to accept notes which he shall judge good or
to make arrangements with the persons who owe them; and
we condemn the defendant to the costs which we have fixed
at fifteen livres the said day and year.
For the record office 10. J. B. H. LaCroix, Pres.
For the huissier 5.^ Labuxiere, Clerk.
The Court adjourned to the ist of February, 1786, and special
sessions shall have place.
At a Court, February 14, 1786.
MM. Jean Bte. LaCroix, President. Charles DuCharme.
Fr. Courier. Phillippe Engel.
Antoine Girardin. Bte. Dubuque.
Jean Bte. Baron, Plaintiff vs. Louis Lambert, Defendant, and
Joseph Vaudry, also Defendant.
The plaintiff prays the Court that there be paid him the sum of
sixty livres for two fences on the common field ^ which he made
last spring for the said two defendants by order of MM. Girardin
and Dubuque, magistrates for the fences of the meadows of this
village, since the said defendants had refused to make it in the
fixed time.
Heard the defendants who said that they had no land in the
meadow of this village and that they had made their fence in the
Prairie du Pont and that these fences in the common field belonged
to some persons of the village who had not made them.
The plaintiff replied that he had made them for the defendants
by order of MM. Dubuque and Girardin and that the former
had promised him to make them pay. Heard M. Dubuque, mag-
istrate, who has admitted the fact. All considered we condemn
the said Lambert and Vaudry to pay each the sum^ of thirty livres
to the said Jean Bte. Baron and that without delay and to pay the
costs and charges, which we fix at the sum of twenty-five livres, of
which ten livres are for the huissier and fifteen livres for the clerk,
2 This probably means the fence, but it might mean any other structure built by the
community. The use of the feminine pronoun, however, would point to the idea of la
cloture being in the clerk's mind.
3 A common abbreviation for somme.
222 ILLINOIS HISTORICAL COLLECTIONS.
Sauf leur reur [sic] sur ceux quils disent navoir point fait de
Commun tant p'" les soixante livres que p^ Les frais.
Labuxiere grefier J B H LaCroix pdt
La Cour est ajournee le deux de Mars mil sept cent quatre vingt
Six.
Labuxiere grefier J B H LaCroix pr sd
a la meme Cour du 14 fevrier 1786.
La veuve Beaulieu demanderesse contre antoine Girardin
deffendeur
La demanderesse a produit une requete Portant ce qui Suit.
a Messieurs les magistrats et president tenant la Cour du dis-
trict des Cahos.
Messieurs
Madame veuve Beaulieu a I'honneur de vous exposer que
depuis lespace de vingt trois ans ou plus elle est proprietaire d'une
Sucrerie a elle conceddee par Messieurs Les missionnaires dont
elle En a tous les titres Et depuis quelques mois, Monsieur Girar-
din Setant presente a votre cour pour vous la demander de rechef
vous luy avez accorde Sur la mauvaise information quil vous a
faite. Et En ayant eu connoissance ainsy que plusieurs Citoyens
de ce village En jugeant que Ceci ne pouvoit etre que prejudiciable,
nous avons represents au Sieur girardin qu'il ne pouvoit nous oter,
un bien qui nous apartenoit si legitimement et qu'il auroit grand
tor dy faire travailler vu que cela ne pouvoit luy occasionner que
de la perte, il nous a resiste En nous disant que nous etions
trop ignorant pour juger de Ceci Et quil connoissoit mieux
Lentendue de la Seigneurie qu'aucun habitant domicilie de ce
village.
Le temps Etant venu pour travailler a nos sucrerie Nous nous
y Sommes transportes Et avons trouve le Sieur girardin, qui nous
a fait deffences dy travailler Et meme de nous y presenter Et
sil faloit En venir aux extremitez quil se Battroit Et resteroit
plustost Sur la place et quil N'avoit aucune reserve a faire contre
des coquins.
1 The seigniory of the mission
COURT RECORD, FEBRUARY, 1786 223
both for the two orders and for the present judgment, for which
there will be execution the said day and year, reserving to them
recourse against those who, they say, have not made the fences,
both for the sixty livres and for the costs.
Labuxiere, Clerk. J. B. H. LaCroix, Pres.
The Court adjourned [to] the second of March, 1786.
Labuxiere, Clerk. J. B. H. LaCroix, Pres.
At the same Court, February 14, 1786.
The Widow Beaulieu, Plaintiff vs. Antoine Girardin,
Defendant.
The plaintiff produced a petition containing what follows:
To MM. the Magistrates and President holding the Court of
the District of Cahokia.
Gentlemen :
Madame Beaulieu, widow, has the honour to show you
that for the space of twenty-three years or more she has been pro-
prietor of a sugar-farm conceded to her by MM. the Missionaries
from whom she has all the title deeds therefor; and that some
months ago when M. Girardin presented himself at your Court
to demand it from you anew, you granted it to him upon the
misinformation which he made to you; and that I and also several
citizens of this village, having had knowledge of this and judging
that this could be only prejudicial, we have shown M. Girar-
din that he could not take away a property which belonged to us
so legitimately and that it would be a great wrong to have work
done upon it, seeing that it eould only occasion him loss. He
resisted us saying that we were too ignorant to judge of that and
that he knew the extent of the seigniory ^ better than any
inhabitant living in this village.
When the time to work on our sugar-farm came, we went
thither and found M. Girardin, who forbade us to work or even to
go there, and said that if it was necessary to come to extremities
he would fight and would prefer to be killed on the spot, and that
he had no reserve to make in dealing with rascals.
This report having been made to us we concluded to make our
report to you; but M. Girardin, having recognized his fault as
224 ILLINOIS HISTORICAL COLLECTIONS
ce raport Nous ayant Et^ fait Nous avons Conclud de vous
en faire notre Rapport, mais M^ girardin ayant connu Sa Faute
plus grande que de Contume est venu des le lendamain trouver
M^ trotier pour Se Blanchir Et y ayant trouve madame Baulieu
ainsy que plusieurs Cy toy ens qui luy exposerent leurs raisons,
disant que Ion N'etoit pas pour se detruire, que nous En passerions
par la justice, a quoy il nous a dit quil ne vouloit pas etre juge
par aucuns Citoyens de L'Endroit, vu quil vous manquoit
deux Choses la Siance et la probite. Et nous ne pretendons pas
avoir Etably une Cour pour la detruire et pour nous faire juger
par aucun Etranger. Tons les habitans demanden qu'il Soit
denanty de tout ce qui luy a Ete accorde a la prairie du pain de
Sucre parce quil est dans le Gas de Nuire a tous les habitans,
Nous esperons que vous nous rendres la justice que nous atendons
de vos Bontez aux Kaos le 7 fevrier 1786.
signe= veuve Baulieu = pierre martin une+ = chatel une+ =
p^®. cabassier une+=ch Lefevre= +Lafleur=L trotier=J B*®
millot= + B*^ Baron = +lebrun= +jean marie dorion= + Berge-
ron = +lagrave=desayes=h. B. i. biron= + gabriel Baron = B*^
Saucier =fr. Lonval = p^^ Lafleur=Lonval p'" Louis gau=francois
Lapens^= +antoine Boyer= +grosle= + marque du compte=
+j Lapensee= + clement alary =fr. granmont=M. Saucier = +
gervais= -1-Butaud= + Louis pilet= -fraphael gagnez= +gabriel
teller = +vaudry= +peltier= +Bouvet= + Joseph cecire= +B*®
Dumay=fr. trotier = -|-charlelaCroix=alexis-|-tabault+ = chatel.
ouy le S^ girardin en Ses deffences qui a dit que la cour luy
avoit accorde sa Concession sur le refus quavoit fait madame
baulieu de representer Son titre a la Cour. quil avoit Exploite
La terre dont est question pendant trois ans sans interuption de
qui que ce soit Et y avoit fait des frais et depenses quil Croyoit
que sa Concession devoit etre valable, Et a offert de remetre la-
dite terre a la dame baulieu Et aux habitans en luy Remboursant
les frais que Ion luy a laisse faire suivant un memoire quil a pro-
duit montant a 792^^ En argent faute de quoy quil demandoit
a Etre maintenu dans Sa concession.
^A reference to the United States' court, for which the French were to wait until 17QO.
The Court makes a similar reference to the expected court below.
COURT RECORD, FEBRUARY, 1786 225
greater than usual, came the next day to find M. Trottier to clear
himself, and having found there Madame Beaulieu as well as sev-
eral other citizens who set forth to him their reasons saying that
it was not a question of destroying oneself, that we would submit
to justice; upon which he said to us that he was not willing to be
judged by any of the citizen of this place, since you were lacking
in two things, knowledge and probity. And we do not pretend
to have established a Court to overthrow it and to have ourselves
judged by any outsider.^ All the citizens pray that he may be
deprived of all that which has been granted him in Sugar-Loaf
Meadow, because he is in position to injure all the inhabitants.
We hope you will render to us the justice which we expect from
your benevolence. At Cahokia, February 7, 1786.
Signed Widow Beaulieu; Pierre Martin a -f; Chatel a 4-;
Pierre Cabassier a +; Ch Lefevre; + Lafleur; Louis Trottier;
J. Bte. Milot; + Bte. Baron; -h Lebrun; + Jean Marie Dorion;
-f- Bergeron; -f- Lagrave; Deshayes; h. B. i. Biron; + Gabriel
Baron; Bte. Saucier; Fr. Lonval; Pierre Lafleur; Lonval for
Louis Gaud; Frangois Lapanc^; + Antoine Boyer; + Grosl^;
-f- mark of Lecomte; -f- J. Lapanc^; + Clement Alarie; Fr.
Grandmont; M. Saucier; -f Gervais; -f- Buteau; -|- Louis Pillet;
-f Raphael Gagne; + Gabriel Tellier; + Vaudry; -f Pelletier;
-I- Bouvet; -f- Joseph Cesirre; + Bte. Diunay; Fr. Trottier;
4- Charles LaCroix; Alexis + Tabeau; -|- Chatel.
Heard M. Girardin in his defense and he said that the Court
had granted him his concession on the refusal of Madame Beaulieu
to exhibit her title-deed to the Court; that he had farmed the land
in dispute during three years without interruption from anyone
and had incurred costs and expenses thereon; and that he be-
lieved that his concession should he held valid; and he offered
to deliver the said land to Madame Beaulieu and to the inhabi-
tants, if they reimbursed him for the expenses, which they
permitted him to make, and which amounted to 792 livres in
money according to a memorandum which he produced; in
default of which he demanded that he be maintained in his
concession.
226 ILLINOIS HISTORICAL COLLECTIONS
Le tout considere la Cour a apoint^ ladite Requete de la dame
Beaulieu ainsy quil suit.
Veu la requete presentee a la Cour et les raisons alegu^es
par toutes les parties Ensemble un titre du vicaire ou Cure des
Cahos, par lequel il donne au S^ Beaulieu le Canton de Bois que
ces predecesseurs Setoient reservez pour faire du Sucre date du
19.9^^^ 1763. produit ce jourdhuy par la veuve Baulieu, Ensem-
ble notre concession accordee au S^ girardin En datte du premier
octobre 1783. La Cour ne pouvant decider Sur la validite de
Pun ou de Lautre titre atendu que lorsque nous avons donne la-
dite concession au S^ girardin, il a lui meme le jour precedant
averty madame Baulieu de Nous representer Ses titres Si Elle
En avoit, faute de quoy quil aloit demander Sa concession ce
quelle a refuse coustament Et na voulu les produire a la Cour:
vu led^ refus Nous avons Cru, devoir accorder ladite Concession
aud^ S^ girardin dautant quil a Exploite ladite terre et fait des
travaux pendant trois ans a la Connoissance de tous Les habitans
des Cahos et de la dame beaulieu Sans opposition ny deffences
des personnes cest en consequance que notre opinion netant pas
de Casser aucunne des dites Concessions Nous renvoyons cette
decizion au gouvernement que nous atendons qui Fera droit a
qui il apartiendra donne aux Cahos la Cour Seante le quatorze
fevrier mil sept cent quatre vingt Six Signe Sur la copie de la
presente sentence Ecrite au bas de La requete Remise a la dame
Beaulieu.
Dubuque = Philipe Engel = duCharme=une+pour marque de
Courier tous quatres conseillers magistrats Et j B*^ LaCroix
presidant et moy grefier sousign^.
Labuxiere grefier. J. B H LaCroix pr. Sidant
delivre i copie de la Sentence a la veuve Baulieu delivre i
copie de la requete et Sentence au s^ girardin.
^ Note in the margin by the clerk.
COURT RECORD, FEBRUARY, 1786 227
All considered the Court referred the said petition of Madame
Baulieu as follows:
In view of the petition presented to the Court and the pleadings
by all parties, and also of a deed dated November 19, 1763, from
the vicar or cure of Cahokia, by the terms of which he gave to
M. Beaulieu the section of woods which his predecessors had
reserved for making sugar, and which was exhibited this day by
the widow Beaulieu; and also of our concession made to M. Girar-
din, dated October i, 1783: the Court not being able to decide on
the validity of either deed, because, when we gave the said conces-
sion to M. Girardin, he himself notified Madame Beaulieu on the
preceding day to exhibit to us her deeds, if she had any, in default
of which he said that he was going to ask for his concession, and
she constantly refused and did not wish to produce the deeds in
Court; considering the said refusal we believed that we ought to
grant the said concession to the said M. Girardin, inasmuch as he
had farmed the said land and had had work done on it for three
years with the knowledge of all the inhabitants of Cahokia and of
Madame Beaulieu without opposition or prohibition by anyone:
therefore it is our opinion that, since we do not wish to annul
either of the said concessions, we remit this decision to the gov-
ernment which we are expecting, and which will render justice to
whomsoever it belongs. Given at Cahokia at the session of the
Court, the 14th of February, 1786; and signed on the copy of the
present judgment which is written beneath the petition returned
to Madame Beaulieu.
Dubuque; Philippe Engel; DuCharme; a -f for the mark of
Courier, all four councilors and magistrates and J. Bte. Lacroix.
President, and I, Clerk signed below.
Labuxiere, Clerk. J. B. H. LaCroix, President.
Delivered one copy of the judgment to the widow Beaulieu.
Delivered one copy of the petition and judgment to M. Girardin.^
228 ILLINOIS HISTORICAL COLLECTIONS
a une Cour du 2 Mars 1786.
M" jean B*® LaCroix, presidant. Charles ducharme
Philipe Engel Thorn Bredy
fr Courier j B^® Dubuque
antoine girardin
accord^ quatre concession aux cy apr^s Nommds Savoir.
a jean B*® alary
a Charles Wood
a Joseph Lambert
a Joseph LaCouture
dont les originaux sont deposes au Rang des minutes du No-
taria.
a la meme Cour delivr^ un ordre a Jacob groot ameriquain
pour se faire payer des habitans du grand Ruisseau.
La Cour est ajourn^e au p^ davril prochain.
a la dite Cour Le S^ Girardin a presente une requete contre
la dame baulieu En datte du 28 f^^ dernier tendant a la decizion
de leur contestation p'" la terre du pain de sucre. la Cour assem-
bl^e a Confirme Sa sentence du 14 f^^ dernier Et Renvoy lexposan
a se pourvoir devant le gouvernement que nous atendons ainsy
quil a Ete Cy devant decide par notre dite Sentence du quatorze
fevrier dernier La Cour tenante led* jour deux mars 1786.
[Signed] B Dubq. Brady
Phillipe Engel DuCharme
de
marque + f^
Courier
J B H LaCroix presdt
a une Cour du trois avril mil sept Cent quatre vingt Six tenue par
M^^ jean B*^ LaCroix presd* Charles ducharme
antoine girardin Philipe Engel
jean B*^ dubuque
Le S^ jean B*^ LaCroix a rendu compte ce dit jour devant la
Cour de la sucession de Michel Godiniere En presence de Louis
1 The decision was not final. On March 31, Girardin petitioned the Court again, and
his concession was sustained. — Chi. Hist. Soc, Cah. Rec.
COURT RECORD, MARCH, 1786 229
At a Court, March 2, 1786.
MM. Jean Bte LaCroix, President. Charles DuCharme.
Antoine Girardin. Thorn. Brady,
Fr. Courier. J. Bte Dubuque,
Philippe Engel.
Granted four concessions to the hereinafter named, to wit:
to Jean Bte. Alarie.
to Charles Wood
to Joseph Lambert,
to Joseph Lacouture.
The originals of these are deposited in the files of the minutes
of the notary's office.
At the same Court: delivered an order to Jacob Groot, Ameri-
can, to compell payment by some inhabitants of Grand Ruisseau.
The Court adjourned to the first of April next.
At the said Court M. Girardin presented a petition against
Madame Beaulieu, dated the 28th of February last, pleading for
the decision of their litigation over the land of the Sugar-Loaf.
The Court in assembly confirmed its judgment of the 14th of
February last and dismissed the petitioner to sue before the
government which we are expecting, as has been herebefore
decided by our said judgment of the 14th of February last.^
In the session of the Court the said second of March, 1786.
[Signed]
B. Dubuque Philippe Engel
Brady DuCharme
Mark of
+
Fr. Courier J. B. H. Lacroix, Pres.
At a Court, April 3, 1786, held by
MM. Jean Bte. Lacroix, President. Charles Ducharme.
Antoine Girardin. • Philippe Engel.
Jean Bte. Dubuque.
M. Jean Bte. Lacroix, this said day, rendered before
the Court account of the estate of Michel Godiniere in the
presence of Louis Chatel according to the receipt which the
230 ILLINOIS HISTORICAL COLLECTIONS
Chatel suivant la quittance que led* Chatel en a donnd ce susdit
jour aud* s^ LaCroix.
a La meme jour a Ete accord^ au s^ jean dumoulin une saisie
privilegiere sur toutes les pelterie et autres Efifets Et maison
provenants du produit des marchandises quil a avance a deffunt
B*^ Leduc. ladite saisie adressee au S'^ Mailhet command*
dans la riviere des ilinois.
a La meme cour Jacob groot habitant ameriquain a presents
un billet contre jean solivan par lequel il reclame trente minot de
mahis ou quil ait a luy payer le prix quil vaut aujourdhuy.
oui led* solivan qui a reconnu devoir les trente minot de mahis
mais quil etoit hor detat de pouvoir les livrer quant a present.
Le tout considere a decide que Ledit solivant payera aud*
groot dans le Cour doctobre prochain Le mahis a raison de Sept
livres dix sols les minot En Egard au temps present de sa valeur
actuelle montant a la somme de deux cent vingt Cinq livres Et
que le payement sera fait soit En argent, Lard, farine ou mahis
ou bled froment au Cour du prix du mois doctobre Et non En
dautre danrees de laquelle somme a faute de payement dan^
led* temps les effets dud* solivant seront vendus Et condamnons
led* debiteur aux depens.
J B H LaCroix pr. Sdt
La Cour est ajourne au premier de May 1786.
J B H LaCroix p. S.
1 Jean Dumoulin was a native of Switzerland. According to Reynolds (Pioneer History,
173), he was a man of good education and gentlemanly bearing. He must have settled at
Cahokia about this time, although his name does not appear as a resident in the census of 1787.
See post p. 624. In 1790 he was appointed a justice of the Court of Common Pleas, and from
that time on he held many important posidons. Like many others, he became wealthy by pur-
chasing from the French their claims to land granted by Congress in various acts to the inhabi-
tants of Illinois. Since the United States was dilatory in settling these claims, the poorer
Frenchmen were compelled to part with their rights for a song. Dumoulin died in 1808.
— Smith, St. Clair Papers, ii., 165.
2 It is difficult to say anything about this man, since so much that is inconsistent and false
has been written. In the Record, his name is written Mailhet; Reynolds calls him Paulette
Alaillet; in Anier. State Papers, Public Lands, his name is given as Jean Bte. Maillet; and
Tasse is sure that his name was Jean Bte. Mallet. This last must be wrong, since Colonel
Sargent, secretary of Governor St. Clair, writes it J. Bte. Mayet, evidently a phonetic spelling.
— Smith St. Clair Papers, 167. The following is possibly true. About 1778 he settled
without authorization on the site of the present city of Peoria and soon became the prominent
COURT RECORD, APRIL, 1786 231
said Chatel gave therefor to the said M. LaCroix this day
aforesaid.
On the same day was granted to M. Jean Dumoulin^ a writ
of privileged seizure of all the peltries, other effects and house,
accruing from the proceeds of the merchandise, which he ad-
vanced to the deceased Bte. Leduc. The said writ of seizure
was addressed to M. Mailhet, commandant on the Illinois river.^
At the same Court Jacob Groot, American inhabitant, pre-
sented a note against John Sullivan by which he claims either
thirty minots of corn or that he be paid the price that it is worth
to-day.
Heard the said Sullivan, who acknowledged that he owed the
thirty minots of corn; but said that he could not deliver it at
present.
All considered the Court decided that the said Sullivan shall
pay the said Groot, in the course of October next, the corn at the
rate of seven livres ten sols the minot, which is at the present time
its value and which amounts to the sum of two hundred and
twenty-five livres, and that the payment shall be made either in
money, lard, ^ flour, corn or wheat at the current price of the
month of October, and not in other commodities. In default
of payment of this sum at the said time the effects of the said
Sullivan shall be sold; and we condemn the said debtor to pay
the costs.
J. B. H. LaCroix, Pres.
The Court adjourned to the first of May, 1786.
J. B. H. LaCroix, Pres.
trader there. From him the village was called the Ville de Maillet. He had relations with
the Cahokia traders and the magistrates of that village regarded Peoria as being a dependency
of their district and Mailhet as the commandant of the post. See pp. 389, 417. In Reynolds'
time the tradition was preserved that he led a successful expedition against St. Joseph in 1778
as a retaliation on the British for their defeat of the Cahokia expedition of the previous year.
This attack by the Cahokians occurred in 1780 and was inspired by Colonel de la Balme.
If the tradition in regard to Mailhet is correct, he must have accompanied the Spanish and
Cahokia expedition against the British post at the beginning of the next year. See Introduc-
tion, p. xcii. Mailhet appears to have extended his trading ventures as far as the Rocky
Mountains. He was killed in 1801. — Reynolds, Pioneer History, 97; Tass6, Les Canadiens
de I'ouest, i, 241 et seq.; Amer. State Papers, Public Lands, iii., 478.
232 ILLINOIS HISTORICAL COLLECTIONS
a une Cour tenue extraordinairement Le 15 avril 1786.
M^^ jean B*® LaCroix, Presidant francois Courier
jean B^^ Dubuque Charles ducharme
Entre Francois Cailhole commerceant de la rive espagnole
demandeur Centre M"" Jean Dumoulin Negte aux Cahos
deffendeur
Le demandeur requiere que le s^ dumoulin soit condamn^
a luy livrer vingt cinq sacs de Mahis.
Led^ dumoulin dit pour defifence quil lui a par compte et
Convention promis une genisse quil offroit de luy donner Son
mahis En luy Remetant ladite genisse Et quil luy en a deja remis
deux minots.
parties ouies en leur demandes reponses, repliques Et Con-
tredits La Cour ordonne que M^ demoulin Remetra au s^ Cailhole
treize minots de Mahis a quoy faire il sera Contraint Sans delais
Et condamnons Led^ S^ dumoulin aux depens Et frais.
a la meme cour le S^ dumoulin a produit un compte de la s®
de Cent livres p'" le salaire dun de Ses hommes que le s^ Cailhole
a Engage.
ouy le S^ Cailhole qui a repondu que led^ Engage Navoit tra-
vaille que huit jours quaubout desquels il lavoit quitte a raison de
quarante livres par mois quil offroit de luy payer les dits huit jours
Sur le pieds des quarante livres sur quoy parties ouyes Condam-
nons le s^ Cailhole a payer les huit journees sur le pieds Convenu
Entreux de quarante livres par mois Et aux frais Et depens.
La Cour est ajournee au p'"^ de may 1786.
J B H LaCroix prs.dt
a une Cour du premier May 1786.
M'"^ jean B^^ LaCroix presidant Philipe angel
antoine girardin . jean B*^ dubuque
Charles ducharme francois Courier
entre la veuve george Blain demanderesse contre Louis Le-
COMPTE defendeur.
La demanderesse dit que le deffendeur luy a Brule un arpent
1 The reason for the amount is not clear. Was the price of the heifer deducted? Or
were twenty-five sacks equal to thirteen minots? The only reference to the capacity of a sack
makes it contain two minots. See p. 205.
COURT RECORD, APRIL, 1786 233
At a Court in special session, held April 15, 1786.
MM. Jean Bte. LaCroix, President. Francois Courier.
Jean Bte. Dubuque. Charles DuCharme.
Francois Caillot, trader of the Spanish bank, Defendant,
vs.M. Jean Dumoulin merchant at Cahokia, Defendant.
The plaintiff asks that M. Dumoulin be condemned to deliver
to him twenty-five sacks of corn.
The said Dumoulin says in defence that the plaintiff by account
and ^reement promised him a heifer, and that he offered to give
him his corn, if he delivered the said heifer, and that he (the
defendant) has already delivered two minots of it.
After the parties were heard in their prayers, answers, replies,
and rejoinders, the Court decrees that M. Dumoulin shall deliver
to M. Caillot thirteen minots of corn and he shall be constrained
to do this without delay; and. we condemn the said Dumoulin to
pay the charges and costs. ^
At the same Court M. Dumoulin produced an account for the
sum of one hundred livres for the wages of one of his men whom
M. Caillot engaged.
Heard M. Caillot, who answered that the said employe had
worked only eight days at the rate of forty livres a month and that
at the end of that time he had left him; that he offered to pay
him on the scale of forty livres. The parties heard, we condemn M.
Caillot to pay for the eight days' work at the scale of forty livres
a month agreed between them, and to pay the costs and expense.
The Court adjourned to the first of May, 1786.
J. B. H. LaCroix, Pres.
At a Court, May i, 1786.
MM. Jean Bte. LaCroix, President. Philippe Engel.
Antoine Girardin. Jean Bte. Dubuque.
Charles DuCharme. Francois Courier.
The widow George Blin, Plaintiff, vs. Louis Lecomte,
Defendant.
The plaintiff says that the defendant burnt an arpenP of
"^ Arpent, as a French- Canadian linear measure, is equivalent to i8o feet. — Clapin, Did.
C anadien-Fran gais .
334 ILLINOIS HISTORICAL COLLECTIONS
de Closture En perches, quelle requiere quil ait a luy remetre la
meme quantite de perche.
Le deffendeur dit quil a voulii entrer En arrangement avec
la demanderesse et quelle na voulu entendre a aucun accommode-
ment. Nous avons condamn^ Le S^ Le comte a livrer la meme
quantite de perche quil a brule Recevable Et la demanderesse
fera faire sa Closture a Ses frais et condamnons les parties a payer
chacun la moitie des frais.
Entre Henry Biron demandeur contre Michel Charter
deffendeur
Le demandeur reclame une sie de long quil dit avoir prete au
Nomme Charpentier Et que ce dernier partant pour la Nouvelle
Orleans luy dit quil avoit laisse la sie au S^ Chartier quil navoit
qu'a la luy demander quil la luy remetroit ou quil la luy payeroit
que luy demandeur la demandee aud* Chartier dans le tems
et quil luy dit quil ne la perdroit pas et quil lavoit que ces jours
passe il a demande de Nouvau la sie aud* Chartier quil luy a
repondu quil setoit mal arang^.
ouy led^ Chartier qui a dit quil navoit aucune connoissance
que le s^ Biron luy En ait parl6 quil ne sen souvient pas Et quil
a paye la sie aud* Charpentier Et quil ne pouvoit pas la payer
deux fois.
La Cour leur ayant propose sil acceptoit le sermant lun de
lautre led* chartier a deffere le Sermant au s^ Biron. sur quoy
luy ayant fait faire serment sur les Saints Evangiles a dit et
declare quil a averty led* Chartier au depart dud* Charpentier
Et quil a promis de luy payer la sie. sur quoy Condamnons
led* Chartier a la payer a demandeur la somme de quatre vingt
livres En argent et aux frais qui seront avances par le s'" Biron
Et a luy rembourcds par led* Chartier. Et a led* Biron donn^ un
mois de Credy au deffendeur.
J B H LaCroix prstd
La Cour est ajourn^e au premier juin 1786.
Labuxiere grefir.
COURT RECORD, MAY, 1786 235
rail fence and prays that he be compelled to deliver the same
quantity of rails to her.
The defendant says that he wished to make an arrangement
with the plaintiff and that she was unwilling to listen to any
settlement. We condemned M. Lecomte to deliver the same
quantity of acceptable rails that he burnt, and the plaintiff shall
have her fence made at her own expense; and we condemn the
parties each to pay half of the costs.
Henry Biron, Plaintiff, vs. Michel Chartier, Defendant.
The plaintiff claims a whip-saw which he says he lent the
named Charpentier, and that the latter, when he set out for New
Orleans, said to him that he had left the saw at M. Chartier's
and that the plaintiff had only to ask the latter for it and he
would return it or that he would pay him for it. The plaintiff
says that he demanded it of the said Chartier at the time, and
that the latter said to him that he would not lose it, that he had
it; that a few days ago he asked for the saw again from the
said Chartier and that the latter answered that he had made no
clear bargain.
Heard the said Chartier, who said that he had no other knowl-
edge than that M. Biron had spoken to him about it and that he
did not remember about it; and that he paid the said Charpen-
tier for the saw, and that he could not pay for it a second time.
The Court having asked them if one would accept the other's
oath, the said Chartier tendered the oath to M. Biron. There-
upon having caused the latter to make oath on the Holy Gospels, he
, said and declared that he notified the said Chartier on the depart-
ure of the said Charpentier and that the latter promised to pay him
for the saw. Whereupon we condemn the said Chartier to pay to
the plaintiff the sum of eighty livres in money, and to pay the
costs, which shall be advanced by M. Biron and reimbursed to
him by the said Chartier; and we order the said Biron to give a
month's credit to the defendant.
J. B. H. LaCroix, Pres.
The Court adjourned to the first of June, 1786.
Labuxiere, Clerk.
236 ILLINOIS HISTORICAL COLLECTIONS
a une Cour du premier juin mil Sept cent quatre vingt Six.
M" Jean B^« LaCroix presidant. Charles ducharme
ant'' Girardin. f Courier
Magistrats
Le S^ IzAAC Levy demandeur centre antoine harmand dit
SANS EACON absent defaillant faute de procureur pour luy.
Le dit S^ Levy presente une requete par laquelle il reclame
la Somme de quatorize Cent livres suivant lobligation hypotequaire
dud* sans facon Echu depuis le mois de Novembre de Lannde
derniere demandant que les Choses hypotequ^s soient vendues
jusqua parfaite liquidation ou quil soit fait une Estimation des
biens hypoteques p'" luy etre remis En payement. consistant En
Sa maison, trois vaches dont deux avec leur vaux Et deux chevaux.
surquoy vu la Creance Legitimes du S^ Levy Et le retard du s^
sans facon la cour a ordonne que les Choses hypoteques seront
Estimes par arbitres et que le S^ Levy les prendra En payement
au prix de Lestimation jusqua parfaite liquidation interest frais
Et depens a cet Effet avons nomm^ henry Biron, B*^ Dumay
Et philipe Gervais arbitres pour estimer Les effets hypotequez,
lesquels feront leur Estimation ce lundy Cinq de ce mois p^ etre
Executee. Et condamnons led* harmand aux depens qui seront
avancez par led* s'" Levy lesd* jour Et an.
J B H LaCroix
a la meme Cour
Le S'" IzAAC Levy demandeur contre alexis thabault def-
fandeur.
Le demandeur requiere que le deffendeur soit Condamnd a
luy payer la Somme de quatre Cent vingt une livres En argent
par Son Compte Courant Et aux depens Et frais.
ouy le deffendeur qui a dit quil y avoit baucoup darticle quil
ignoroit sur quoy La Cour a requis que le S^ Levy feroit sermant
Et affirmeroit son compte veritable a Linstant ayant leve la
main droite sur les Saints Evangiles a jure et afirmd que
son Compte Etoit sincere Et veritable, le tout considere la
Cour a condamne et condamn^ led* deffendeur a payer Sans
delais a demandeur la Somme de quatre Cent vingt une livres
J
COURT RECORD, JUNE, 1786 237
At a Court of the first of June, 1786.
MM. Jean Bte. LaCroix, President Charles DuCharme.
Ant. Girardin Fr. Courier.
Magistrates.
M. Isaac Levy, Plaintiff, vs. Antoine Harmand called San-
FAgON, absent and without an attorney to represent him.
The said M. Levy presents a petition by which he claims the
sum of fourteen hundred livres according to the obligation assured
by mortgage of the said Sansfafon, due since the month of Novem-
ber of last year; and demands that the things mortgaged be sold
up to the perfect liquidation, or that there be made an appraise-
ment of the mortgaged property to be delivered to him in pay-
ment. These consist of his house, three cows, two of which have
calves, and two horses. Whereupon in view of the legitimate
claim of M. Levy and the delay of M. Sansfagon, the Court
decreed that the mortgaged property be appraised by arbitrators,
and that M. Levy shall take them in payment at the price of the
appraisement up to full liquidation of the debt, interest, costs and
charges. For the purpose we have named Henry Biron, Bte.
Dumay and Philippe Gervais as arbitrators to appraise the mort-
gaged effects, and these shall make their appraisement this
Monday, the fifth of this month, in order that there may be
execution; and we condemn the said Harmand to pay the
costs, which shall be advanced by the said M. Levy this said day
and year.
J. B. H. LaCroix.
At the same Court. •
M. Isaac Levy, Plaintiff, vs. Alexis Tabeau, Defendant.
The plaintiff begs that the defendant be condemned to pay
him the sum of fom: hundred and twenty-one livres in money
according to his current account, and to pay the costs and
charges.
Heard the defendant, who said that there were many items
which he didn't know about. Whereupon the Court required
that M. Levy should make oath and affirm his account as tnie.
Now having raised his right hand he swore on the Holy Gospels
238 ILLINOIS HISTORICAL COLLECTIONS.
En argent p'^ le montant dud* Compte Courant et aux frais et
depens qui seront avancds par le s'' levy Et a luy Rembourcez
par le defendeur.
s'" al tabault a fait son billet ce dit jour accepts p^ le s^ Levy
payable En Novembre prochain.
J B H LaCroix
a la meme Cour.
Michel Charley demandeur contre Etienne ardouin
deffendeur
Le demandeur reclame contre le deffendeur la S® de vingt
livres ou un minot de Bled froment prix du Cour pour la be-
dauderie.
ouy le deffendeur qui a alegue quil ne payeroit pas par ce
quil ny avoit pas un an Et un jour quil avoit une maison sur quoy
la Cour a condamn^ led* ardouin a payer Sans delais aud* Charly
la somme de vingt livres Et aux frais Et depens qui seront avances
par led* Charly, les vingts livres seront payez Sous trois mois De
ce jour.
J B H LaCroix
a la meme Cour.
le S^ jean B*« Tusson demandeur contre Le S'" Andre Belle
deffendeur et defaillant apr^s avoir Ete assigne.
Le demandeur a produit un Billet a ordre Echu a luy dub
Et pass^ a Son ordre par m'* Clamorgan, de la Somme de onze
cent livres En argent payable En pelterie sur lequel il y a deux
recO montant Ensemble a la somme de Cent soixante huit livres
En argent partant reste sur led* billet neuf cent trente deux livres,
dub par led* s^ Bayles. concluant le demandeur a ce que ledit
1 Note in margin by the clerk.
2 The beadle was a subordinate church official and was paid, judging from this case and
a similar one on page 279, by fees levied on each inhabited house.
3 Jacques Clamorgan was a resident of St. Louis and was, as long as he lived, conspic-
uous for his enterprise, if not always praised for his methods. In 1788 he appears to have
fallen into financial difficulties, at least, his creditors claimed that he left the country for
Louisville without paying his debts; — Dr. Col., 2M43 and 1N68. According to the same
witnesses, he showed a dislike to the Americans. His name is particularly connected vriih
the fur trade, in which his boldness and enterprise made him the leader of his time. His
was the leading spuit in the first Missouri Fur Company, which was organized May 12,
1794. One of the objects of this company was to explore the upper Missouri. To assist
in carrying out this purpose the king promised a subsidy of $10,000 and a reward of
$3,000 to the first person to reach the Pacific Ocean. Although the royal promise was not
COURT RECORD, JUNE, 1786 239
and affirmed that his account was true and genuine. All con-
sidered the Court has condemned and does condemn the said
defendant to pay without delay to the plaintiff the sum of four
hundred and twenty-one livres in money according to the amount
of the said current account; and to pay the costs and expenses
which shall be advanced by M. Levy and reimbursed to him by
the defendant.
J. B. H. LaCroix.
M. Al. Tabeau made his note this said day which was ac-
cepted by M. Levy and is payable November next,^
At the same Court.
Michel Charly, Plaintiff, vs. Etienne Hardouin, Defendant.
The plaintiff claims from the defendant the sum of twenty
livres or a minot of wheat at the current price for the beadlery.^
Heard the defendant, who pleaded that he should not pay,
because he had not had his house a year and a day. Whereupon
the Court condemned the said Hardouin to pay without delay
to the said Charly the sum of twenty livres and to pay
the costs and charges, which shall be advanced by the said
Charly. The twenty livres shall be paid within three months
from this day.
J. B. H. LaCroix.
At the same Court.
M. Jean Bte. Tusson, Plaintiff, vs. M. Andre Bayles, Defend-
ant, and not appearing after being summoned.
The plaintiff produced a note to order, due him and matured,
and assigned to his order by M. Clamorgan,^ for the sum of eleven
hundred livres in money payable in peltries, on which there are
two receipts amounting to the sum of one hundred and sixty-eight
livres in cash and leaving a balance on the said note of nine hun-
dred and thirty- two livres due by the said M. Bayles; and the
plaintiff concludes that the said M. Bayles should be condemned
to pay him without delay the said sum of nine hundred and thirty-
performed, Glamorgan, with his associates, entered upon the enterprise. Later Glamorgan
petitioned for and obtained a large grant of land £ls a compensation for his losses. — Amer.
State Papers, Pub. Lands, iii., 303 et seq.\ Houck, Boundaries of the Louisiana Purchase, 59 et
seq. He was living when Louisiana was transferred to the United States and was one of
the first judges of the new Gourt of Quarter Sessions, Dillon, Annals of St. Louis, ii., 9.
240 ILLINOIS HISTORICAL COLLECTIONS
s^ Bayle soit condamne a luy payer sans delais ladite somme de
Neuf cent trente deux livres avec Les interest frais et depens.
sur quoy le deffendeur nayant point parti ny procureur pour luy
Et apres que ladite Cour a fait apeler par Ihuissier led* S'" Belle
par trois Cris differants a la porte de Laudience et quil na point
paru ny personne pour luy. la Cour a Condamne Et condamne led*
s^ Belle a payer aud* S^ tusson ou au porteur du billet la somme
de Neuf cent trente deux livres pour restant diceluy suivant les
conditions du susdit billet avec les interest frais et depens. lesquels
frais seront avances par le s^ tusson Et a luy remboursez par le
deffendeur ce qui sera execute lesd* jour Et an.
J B H LaCroix.
La Cour est ajournee au Six de ce mois p'" proceder a une
Nouvelle Election de magistrats.
Labuxiere greff J B H LaCroix
a une Cour du Six juin 1786.
Le S'' jean B*^ LaCroix antoine girardin Louis Chatel, Louis
trotier, mathieu saucier Joseph Lapensee, Et Clement alary
ayant Ete Nomme par la Nouvelle Election sont Comparus Et
apres avoir prete sermant de fidelite ainsy que celui doffice ont
pris leurs place En leurs qualit^z du Magistrats.
a la meme Cour
F^ Courier demandeur contre Le S^ Billet dit Bausoleil
deffendeur
Le demandeur reclame trois cent Cinquante Cinq livres
contre le deffendeur quil luy doit p^ restant du payement dune
paire de Boeuf quil luy a vendu Et quil devoit luy payer comptant
ce quil na fait jusqua ce jour concluant a ce quil ait a le payer
sans delais et aux frais Et depens.
le deffendeur a reconnti ladite debte Et offre de payer.
La Cour a Condanne le deffendeur a payer sous huit jours
Et aux frais qui seront avances par le S^ Courier Et a luy rem-
bourcer par le deffendeur.
a la meme jour B*® durbois a presente une requete expositive
que le s'' harmand luy doit neuf minots de Bled froment p^ sa
COURT RECORD, JUNE, 1786 241
two livres with interest, costs and charges. Whereupon, since
neither the defendant nor an attorney for him appeared and after
the said Court caused the said M. Bayles to be called by the huis-
sier by three different shouts at the door of the audience cham-
ber and he did not appear or anyone for him, the Court has
condemned and does condemn the said M. Bayles to pay the
said M. Tusson, or bearer of the note, the sum of nine hundred
and thirty-two livres for the balance of it according to the con-
ditions of the note aforesaid with the interest, costs and expenses;
which costs shall be advanced by M. Tusson and reimbursed to
him by the defendant, for which there will be execution this said
day and year.
J. B. H. LaCroix.
The Court adjourned to the sixth of this month to proceed
to a new election of magistrates.
Labuxiere, Clerk. J. B. H. LaCroix.
At a Court, June 6, 1786.
The MM. Jean Bte. Lacroix, Antoine Girardin, Louis Chatel,
Louis Trottier, Matthieu Saucier, Joseph Lapanc^ and Clement
Alarie, having been named by the new election, appeared, and
after taking oath of fidelity and also that of office, took their
places as magistrates.
At the same Court.
Fr. Courier, Plaintiff, vs. M. Billet called Beausoleil, De-
fendant.
The plaintiff claims three hundred and fifty-five livres from
the defendant, which he owes him for the balance of the payment
for a yoke of oxen which the plaintiff sold him, and for which
the latter ought to pay cash, which he has not done up to the
present day; and concludes that the defendant should pay him
without delay and also the costs and expenses.
The defendant acknowledged the said debt and offers to pay.
The Court condemned the defendant to pay within a week
and also the costs which shall be advanced by M. Courier and
reimbursed to him by the defendant.
On the same day. Bte. Dubois presented an explanatory peti-
242 ILLINOIS HISTORICAL COLLECTIONS
recolte de 1784. ce qui a Et^ prouv^ par la declaration du S'
Courier, la Cour a recti led* durbois intervenant dans les ventes
des Biens dud* harmand p^ le payement des Neuf minots de
bled Evaluez a 20 lb le minot la s® de 180^^ Et condamnons sans
facon aux frais.
La Cour est ajournde au p^ juillet 1786.
Labuxiere grefier. J B H LaCroix pr. s. d.
a la meme Cour il a Ete decide que v<i la demande des
Creanciers du s^ antoine harmand absent pour le payement
de ce quil leur doit quinvantoire Sera fait devant un magis-
trats de tous Les Biens meubles Et immeubles dud* harmand
et questimation En sera faite par jean B*^ dubuc, charle du-
charme ?Et francois Courier p^ le huit de ce mois a huit heures
du matin.
J B H LaCroix
a une Cour assemblee le 12 juin 1786.
M'"^ LaCroix presidant Clement alary
Mathieu saucier Joseph Lapensee
Louis trotier
Les creanciers dantoine harmand dit Sans facon presentent
une requete demandant quen vertu de linvantoire quils ont fait
faire des Biens dud* harmant que la vente des dits Biens En soit
faite le plus promptement que faire se poura p^ en Empecher le
deperissement Et quil soit donne terme sufisant p^ que lesd*
effets puissent se vendre avantageusement tant p'" Leurs interest
que celuy dud* harmand.
La Cour ordonne que la vente des biens dud* harmand quant
aux meubles Se Fera le lundy dixneuf du Courant et quil Sera
donn^ Credy jusques et compris le mois doctobre prochain sous
bonne Et Sure caution qui Seront recue par les Creanciers Et
quand au regard de la maison et ses dependances elle Sera Criee
de mois en mois pendant trois mois Consecutif a la porte de
lEglise jour de dimanche Et adjugee a la troisieme Cn6e avec le
Credy jusques au mois davril de Lannee prochaine 1787 Sous
1 The huissier held the auction each Sunday to receive bids, but only on the last Sunday
was the property sold.
COURT RECORD, JUNE, 1786 243
tion, in which he says that M. Harmand owes him nine minots of
wheat from his harvest of 1784, which was proved by the affidavit
of M. Courier. The Court admitted the said Dubois as a party to
the sale of the goods of the said Harmand for the payment of nine
minots of wheat, valued at 20 livres the minot, amounting to the
sum of 180 livres \ and we condemn Sansfa^on to pay the costs.
The Court adjourned to the first of July, 1786.
Labuxiere, Clerk. J. B. H. LaCroix, Pres.
At the same Court it was decided that, in view of the demand
of the creditors of M. Antoine Harmand, who is absent, for the
payment of what he owes them, an inventory of all the property,
real and personal, of M. Harmand shall be made before a magis-
trate, and the appraisal thereof shall be made by Jean Bte. Du-
buque, Charles DuCharme and Francois Courier on the eighth
of this month at eight o'clock in the morning.
J. B. H. LaCroix.
At a Court assembled June 12, 1786.
MM. LaCroix, President. Clement Alarie.
Matthieu Saucier. Joseph Lapanc^.
Louis Trottier.
The creditors of Antoine Harmand called Sansfa^on present
a petition praying that, in virtue of the inventory of the goods of
the said Harmand which they have had made, the sale of the
said goods be held as promptly as possible in order to prevent
them perishing; and that there be given a sufficient time in order
that the said efifects may be sold to the advantage as well of
their interests as of those of the said Harmand.
The Court decreed that the sale of the personal property
shall take place Monday, the nineteenth of the present month;
and that there shall be given credit with good and safe surety,
which will be accepted by the creditors, up to and including the
month of next October; and that the sale of the house and its
appurtenances shall be cried month by month during three consec-
utive months on Sundays at the door of the church, and adjudged
at the third proclamation,^ and credit with good and sufficient
surety will be given till the month of April of the next year, 1787.
244 ILLINOIS HISTORICAL COLLECTIONS
bonne Et suffisante Caution, laquelle maison ne Sera vendue
toutes fois que au Cas que les meubles ne suffisent pas pour payer
Lesdits Creanciers et les affiches posees prealablement afin que
personne ne lignore donn^ par la Cour lesd* jour et an.
Labuxiere J. B. H. LaCroix.
a une Cour du i*^^ juillet 1786
M^ LaCroix presidant Joseph Lapens^e
girardin Chatel
conseiller magistrats
Michel antaya a fait sermant de fidelity Et En meme temp
sermant dofice En quality de Bailly.
a La meme Cour
Jacques Lardoise demandeur contre Gabriel Baron
defifendeur
Le demandeur Reclame deux cent Cinquante livres en argent
pour le payement dun Cheval quil a vendu au deffendeur depuis
Lauthomne derniere laquelle somme il devoit payer au s^ Cadien
Et quil na point paye Et quil a paye luy meme a mad^ Cadien
Et aux depens.
ouy le deffendeur qui a alegue quil offroit de luy remetre un
Cheval et quil n'avoit pas dautre argent pour le present Et quil
Navoit achete le Cheval que quarante piastre ce qui a Et^ re-
connu par le demandeur.
sur quoy la Cour ayant murement delibere ordonne que le
deffendeur Rendra au demandeur le meme Cheval aux condi-
tions quil ne sera point extropid Et quil naura aucun mal, ou quil
le payera Les quarante piastres prix de La vente Convenues En-
treux condamnons le deffendeur aux frais que nous avons liquide
a quinze livres. ce qui sera execute.
La Cour est ajournee au 1^^ juillet 1786.
Labuxiere grefier J B H LaCroix pr S.
COURT RECORD, JULY, 1786 245
But the house shall be sold only in case the personal property is
not sufficient to pay the said creditors and placards have been
posted previously so that no one is ignorant thereof. Given by
the Court this said day and year. •
Labuxiere. J. B. H. LaCroix.
At a Court, July i, 1786.
MM. LaCroix, President. Chatel.
Girardin. Joseph Lapancd.
Councilors and magistrates.
Michel Antaya made oath of fidelity and at the same time
that of office as bailiff.
At the same Court.
Jacques Lardoise, Plaintiff, vs. Gabriel Baron, Defendant.
The plaintiff claims two hundred and fifty livres in money for
the payment of a horse which he sold the defendant last autumn,
which sum he was to pay M. Cadien and has not paid; the
plaintiff says that he himself paid Madame Cadien, and he de-
mands costs.
Heard the defendant, who pleaded that he offered to deliver
a horse to the plaintiff and that he had no money at present;
that he had bought the horse for only forty piastres^ which was
acknowledged by the plaintiff.
Whereupon the Court after careful deliberation decrees that
the defendant shall render to the plaintiff the same horse, on
condition that it shall not be maimed or sick or that he shall
pay for it the forty piastres, the price of the sale agreed upon be-
tween them. We condemn the defendant to pay the costs, which
we have set at fifteen livres, for which there will be execution.
The Court adjourned to July i, 1786.
Labuxiere, Clerk. J. B. H. LaCroix, Pres.
246 ILLINOIS HISTORICAL COLLECTIONS
a une Cour tenue Extraordinairement le 13 juillet 1786.
M™ jean B*^ LaCroix presidant Louis Chatel
ant^ girardin Joseph Lapensde
magistrates
Entre Louis marchand demandeur contre Laurant hame-
LiN defifendeur
Le demandeur demande au deiOfendeur Cinq Chevaux quil
luy retient Et deux cent trente deux livres En pelterie par son
compte quil a afirme devant La Cour.
Le deffendeur dit quil est convenu au pe de luy donner quar-
ante pot de taffia pour un Cheval. mais que led* marchand na
pas voulu les prendre Et quil luy a offert un Cheval.
le demandeur replique au Contraire que le deffendeur luy a
refuse les quarante pots de taffia Et quil a traite des Chevaux
avec Et quant au compte produit par le demandeur Le deffend-
eur dit quil n'en a point de Connoissance sur les contestations
cy dessus le demandeur a produit le Nomme laCouture p^ temoins
lequel apres sermant par luy fait devant la Cour a dit quil avoit
connoissance que les quarante pots de tafia navoit pas Ete \ivt6
par led* hamelin aud* marchand, Et quil avoit connoissance qu'ne
partie du memoire produit avoir Ete fourni par led* marchand
aud* amelin Et quil avoit Connoissance quil avoit recta un Cheval
dont il S'Etoit Servy Ihiver dernier.
Le demandeur a produit Claude paneton segond temoin
lequel apres sermant par luy fait a dit quil avoit connoissance
que led* marchand Etoit Engage au s^ duchenaud p^ aler de la
mauvaise terre aux pe p^ 60^^ Et que led* hamelin la Envoy 6
Chercher p^ aler p^ luy et quil a fait deux voyage p^ led* hamelin.
sur quoy la Cour ayant murement reflechi a renvoye les
parties hors de Cour Et de proces, depens compenses cest a dire
chacun par moitie ce qui sera execute la dite Sentence Rendue
par accord Entre les parties.
Labuxiere grefier J B H LaCroix pr Sd.
^ Mauvaise Terre is the name of a stream in Scott and Morgan counties, Illinois
COURT RECORD, JULY, 1786 247
At a Court sitting in special session, July 13, 1786.
MM. Jean Bte. LaCroix, President. Louis Chatel.
Ant. Girardin. Joseph Lapance.
Magistrates.
Louis Marchand, Plaintiff, vs. Laurent Hamelin, Defendant.
The plaintiff demands of the defendant five horses which the
latter is retaining and two hundred and thirty-two livres in pel-
tries, according to his account, which he affirmed before the Court.
The defendant says that he agreed at Peoria to give him
forty jugs of tafia for a horse; but that the said Marchand was
unwilling to take them and that he offered him a horse.
The plaintiff rejoins that the defendant refused him the forty
jugs of tafia and that he traded horses with [him]. As to the
account produced by the plaintiff, the defendant says that he had
no knowledge about the contestations. Hereupon the plaintiff
brought forward the named Lacouture for a witness, who, after
he had taken the oath before the Court, said that he knew that
the forty jugs of tafia had not been delivered by the said Hame-
lin to the said Marchand ; and that he knew that one part of the
bill produced had been furnished by the said Marchand to the
said Hamelin ; and that he knew that the latter had received a
horse which he had used last winter.
The plaintiff produced Clau4e Paneton as second witness,
who, after he had made oath, said that he knew that the said Mar-
chand was pledged to M. Duch'enaud to go from the Mauvaise
Terre^ to Peoria for 60 livres, and that the said Hamelin sum-
moned Marchand to go for him, and that the former made two
journeys for the said Hamelin.
Whereupon the Court, having carefully reflected, non-suited
the parties, and the costs are to be divided, that is to say,
each one half, for which there will be execution. The said
judgment was rendered by agreement between the parties.
Labuxiere, Clerk. J. B. H. LaCroix, Pres.
248 ILLINOIS HISTORICAL COLLECTIONS
a une Cour du premier aoust 1786. Siegeant
M" jean B*® LaCroix Presidant Louis trotier
antoine Girardin Mathieu Saucier
Louis Chatel Con^^ magistrats
Entre Louis pillet demandeur contre Clement alary
deffendeur
Le demandeur reclame un Boeuf a luy apartenant qui a pass^
par la Closture du deffendeur Et a Ete Sempaler Sur les pieux
de la Closture du s'^ LaCroix requerant quil luy soit rend(i
un Boeuf de la meme valeur Et condamner le deffendeur aux
depens.
ouy le deffendeur qui a dit pour deffences que Lon ne devoit
pas tuer le Boeuf que lon devoit atendre son retour de Chasse
quil Lauroit Guery, que puisqu'on lavoit tu^ Et vend^ la viande
il demandoit a Etre decharge du Boeuf Et condamner sa partie
aux frais.
Vu le marche consenty par led* Clement alary avec les mar-
guiliers de la fabrique de cette paroisse par lequel led* Clement
alary nest oblige qu'aux reparations du dedans de la maison qui
a Ete louee pour servir de presbitaire Et a deffaud par les mar-
guiliers de Navoir point fait reparer les Clostures Nous avons
decide que la fabrique rendra un pareil Boeuf au demandeur ou
En payera la valeur au prix destimation et les marguiliers se
feront rendre compte de la viande ou produit dicelle pour En
Compter au profit de L Eglise ce qui sera execute condamnons la
fabrique aux frais.
a la meme Cour.
JOSEPH VAUDRY demandeur contre Gabriel Baron deffendeur
Le Demandeur a presente une requete par laquelle il reclame
sa petite fiUe quil a mis Entre les mains du deffendeur disant
quelle netoit pas traitee Selon les Convention de leur marche au
Contraire quelle etoit traitee pis quune esclave requerant que
led* Baron soit Condamne a la luy remetre.
ouy le deffendeur qui a deni^ tout ce qui est porte En ladite
requete demandant que le demandeur soit tenu a luy foumir des
preuves. sur quoy la Cour a ordonne que led* vaudry founira
COURT RECORD, AUGUST, 1786 249
«
At a session of Court, August i, 1786.
MM. Jean Bte. LaCroix, President. Louis Trottier.
Antoine Girardin. Matthieu Saucier.
Louis Chatel. Councilors and Magistrates.
Louis Pillet, Plaintiff, vs. Clement Alarie, Defendant.
The plaintiff claims an ox belonging to him, which passed
through the defendant's fence and was impaled on the pickets of
M. LaCroix's fence, and prays that there be rendered an ox of the
same value and that the defendant be condemned to pay the costs.
Heard the defendant, who said in defence that they should
not have killed the ox; that they should have waited his return
from the hunt and that he would have cured it; that, since they
had killed it and sold the meat, he prayed that he be discharged
from payment for the ox and that his opponent be condemned to
pay the costs.
In view of the bargain made by the said Clement Alarie with
the church- wardens of the vestry-board of this parish, according
to the terms of which the said Clement Alarie was only bound to
repair the interior of the house, which was rented to serve for a
parsonage, and of the fault of the church-wardens in not having
had the fence repaired, we have decided that the vestry-board shall
render a similar ox to the plaintiff, or shall pay the value thereof
at an appraised price; and that. the church- wardens shall have ren-
dered to them an account of the meat or proceeds therefrom, in
order to account for it in the profits of the church, for which there
will be execution. We condemn the vestry-board to pay the costs.
At the same Court.
Joseph Vaudry, Plaintiff, vs Gabriel Baron, Defendant.
The plaintiff presented a petition by which he reclaims his little
daughter, whom he placed in the hands of the defendant, saying
that she was not treated according to the terms of their agreement;
but on the contrary she was treated worse than a slave; and he
prays that jthe said Baron be condemned to render her to him.
Heard the defendant, who denied all that is contained in the
said petition, and demands that the plaintiff be held to furnish him
proofs. . Whereupon the Court ordered that the said Vaudry shall
250 ILLINOIS HISTORICAL COLLECTIONS
preuves suffisantes. et a linstant led*^ vaudry a fait assigner par
ordre de cette Cour, mathieu saucier, Et antoine Lamarche pour
temoins, Et a linstant le S^ B*® saucier est comparu lequel apres
sermant par luy fait a dit seulement quil avoit Entendu jurer apres
lenfant Et la gronder, mais quil ne lavoit pas vue batre qui
est tout ce quil a dit savoir. led^ lamarche Nayant point parti
par absence avons renvoye lafaire a plus Emple informa-
tion devant un magistra de la Cour qui fera droit a qui il
apartiendra.
La Cour est adjourn^e au i^^ 7^^® 1786.
Labuxiere grefier J B H LaCroix pr Sd.
a la Cour de ce dit jour i^^ aoust 1786.
En continuant la Cause ci dessus est comparu antoine La-
marche lequel apres sermant par luy fait sur les Saints Evangilles
a dit sur les demandes a luy faites par la Cour quil navoit autre
connoissance si non quil avoit vu foueter la petite fille mais quil
Croyoit quelle I'avoit merite et tant qu'aux autres motif de mauv-
ais traitements defaud dhabillements ou de Nouriture quil nen
avoit pas de Connoissance. sur quoy parties ouyes Le tout ex-
amine la Cour a ordonn^ Et decide que le s^ gabriel Baron Ren-
dra la petite fille au s^ vaudry son pere avec ses petites hardes a
son usage. Sans aucune repetition de la part dud* s^ Baron
Enver led* s^ vaudry de penssion ny Entretien Condamnons le
s'" vaudry aux frais par form.e de des domagement Enver le s'"
macarty ce qui sera execute lesd* jour Et an.
J B H LaCroix pr Sidant.
a une Cour du premier Septembre 1786.
M*"^ jean B*^ LaCroix presidant Mathieu Saucier
antoine Girardin Joseph Lapensee
Entre Louis Laperche demandeur contre Le S^ Motard def-
fendeur
Le deffendeur [sic] expose quil luy est dub par le s^ motar la
Somme de trois cent Cinquante livres En pelterie pour ses gages
1 The only explanation possible for this decision is that Gabriel Baron was named Gabriel
McCarty called Baron or vice versa, unless we assume that the clerk made a slip. I know no
other authority for the coupling of the two names.
COURT RECORD, SEPTEMBER, 1786 251
furnish sufficient proofs. And now the said Vaudry caused to be
summoned by order of this Court Matthieu Saucier and Antoine
Lamarche as witnesses. Now appeared M. Bte. Saucier, who,
after making oath, only said that he had heard them swear at the
child and scold her, 'but that he had not seen her beaten; and
this is all that he said he knew. The said Lamarche not having
appeared on account of absence, we continued the cause for fuller
information before a magistrate of the Court, who will render
justice to whom it shall belong.
The Court adjourned to September i, 1786.
Labuxiere, Clerk. J. B. H. LaCroix, Pres.
At the Court of this said day, August i, 1786.
At the continuance of the above cause there appeared Antoine
Lamarche, who, after making oath on the Holy Gospels, answered
to the questions made him by the Court that he had no other
knowledge except that he had seen the little girl whipped, but said
he believed that she deserved it; and as to the other counts of bad
treatment, lack of clothing and nourishment, he said that he had
no knowledge thereof. Whereupon, after the parties were heard
and all examined, the Court decreed and decided that M. Gabriel
Baron shall render the little girl to M. Vaudry, her father, with
her little clothing for her use, without the right of any action
for recovery on the part of the said M. Baron against the said
M. Vaudry for board and maintenance. We condemn M. Vau-
dry to pay the costs by way of damages to M. Macarty,^ for
which there will be execution this said day and year.
J. B. H. LaCroix, Pres.
At a Court, September i, 1786.
MM. Jean Bte. LaCroix, President. Matthieu Saucier.
Antoine Girardin. Joseph Lapancd.
Louis Laperche, Plaintiff, vs. M. Motard, Defendant.
The plaintiff sets forth that there is due him by M. Motard the
sum of three hundred and fifty livres in peltries for wages for
going to the Republic on the service of M. Trudeau according
to his pledge made to M. Motard, dated August 3, 1785; and that
he had not been able to go thither on account of the war of the
252 ILLINOIS HISTORICAL COLLECTIONS
daler a la republique p'" le service du s^ trudeaux suivant son
Engagement fait au s^ motar En datte du 3. aout 1785. Et
que comme nayant pas pu fi [sic] Rendre par la guerre de la re-
publique avec les Shaus ce qui les avoit oblige de relacher nayant
point de vivre p'' subsister pendant Ihiver suivant deux CertiflS-
cat quil a produit.
ouy le s^ motar En Ses deffences qui a dit que le s'" s* jean
devoit hyverner p^ atendre le S^ trudeaux ou aler le rejoindre de
Bonprintems quil lavoit Engage a Ses Conditions mais quil na-
voit pas voulu atendre quoy quil eu des marchandises p'' vivres
sujB&sament Mais que de Son Chif il avoit redescendu Et aban-
donne les interest du S^ trudeau ayant produit un Certifficat a ce
sujet du S'' Rivet.
Veu lengagement dud* S* jean les deux Certifficats des Nommes
Rivet Et deschamp le tout produit par le demandeur. Et autre
Certifficats donne par led* Rivet aud* deffendeur, le tout examine ;
la Cour a Condamne Et condamne le s^ motard a payer aud* S*
jean la moitie de Ses gages montant a cent soixante quinze livres
en pelterie Et aux depens ce qui sera execute lesd* jour Et an.
La Cour est ajournee au i^^ S^^^ 1786.
Labuxiere grefier J B H LaCroix pr Sdt.
a une Cour tenue Extraordinairement le douze Septembre mil
sept cent quatre vingt Six.
M^^ jean B*^ LaCroix presidant Clement alary
antoine girardin Joseph Lapensee
Louis chatel Louis trotier
Mathieu saucier magistrats
Entre M^ antoine Reilhe demandeur contre Le S^ Samuel
Todd deffendeur
Le demandeur a presente une requete expositive que le S^
tood la fait venir icy aux cahos pour terminer une affaire quil
avoit avec M*^^ veuve Caimps par arbitres quen Concequance il
a Emmene Ses arbitres comme procureur de ladite dame veuve
Camps, que led* S'^ tood Etant aussi arrive avec Ses arbitres lors
1 The name looks like Kans, but it may be, as given, Shaws. The Shawnees were on
the warpath during the winter 1785- 1786.
2 The full name of the plaintiff was Louis Laperche called St. Jean.
COURT RECORD, SEPTEMBER, 1786 253
Republic with the Shawnees,^ which obliged them to give up, since
they did not have provisions for subsistance through the winter,
according to two certificates which he produced.
Heard M. Motard in his defence, who said that M. St. Jean^
should have wintered in order to await M. Trudeau or to go and
join him in the spring, and that he had engaged him on these
conditions; but that he had not been willing to wait, although he
had merchandise for sufficient provisions; but that of his own
accord he had redescended and abandoned the interests of M.
Trudeau; and the defendant produced two certificates of M.
Rivet on the subject.
Considering the agreement of the said St. Jean, the two certifi-
cates of the named Rivet and Deschamp, all produced by the
plaintiff, and other certificates given by the said Rivet to the said
defendant, after all were examined, the Court has condemend
and does condemn M. Motard to pay to the said St. Jean half of
his wages, amounting to one hundred and seventy-five livres in
peltries and to pay the costs for which there will be execution the
said day and year.
The Court adjourned to October i, 1786.
Labuxiere, Clerk. J. B. H. LaCroix, Pres.
At a Court sitting in special session, September 12, 1786.
MM. Jean Bte. LaCroix, President. Clement Alarie.
Antoine Girardin. Joseph Lapance
Louis Chatel. Louis Trottier.
Matthieu Saucier. Magistrates.
M. Antoine Reilhe,' Plaintiff, vs. M. Samuel Todd,*
Defendant.
Plaintiff presented an explanatory petition, in which he says
that M. Todd made him come here to Cahokia to terminate by
arbitrators a cause which M. Todd had with Madame Camp,
widow, and that consequently he brought his arbitrators as
attorney for the said Madame Camp, widow; and that the said
M. Todd, when he arrived also with his arbitrators and it was
3 Reihle was from St. Louis.
* Samuel Todd was a Canadian merchant.
254 ILLINOIS HISTORICAL COLLECTIONS
quil a Et6 question de produire ces pieces led* S^ tood a refuse
quil demandoit que led* tood ait a les produire ou quil soit deboute
de toutes demandes Enver ledite dame Camps Et Condamnd
aux frais Et depens.
ouy le S^ tood qui a dit quil ataquoit personnelement led*
S^ Reyn Et a produit a la Cour un billet dub par le S^ guillon fils
de douze Cent Cinq livres de Castor pezant Cautionne par deffunt
Le s^ Camp En datte du 23 7^^^ 1785 Sans En demander le paye-
ment.
Sur quoy la Cour luy ayant demande Sil vouloit faire decider
lafaire presentement Sur cette Rive ou ailleur, quil Etoit libre
de la faire decider par les quatre arbitres quil Etoit convenu avec
M^ Reilh, ou des jures.
a quoy led* S^ tood a repondu quil laissoit laffaire la, quant a
present Et quil la fairoit decider dans un autre temp quil Na-
voit affaire qua M^ Reilhe.
Sur quoy le S^ tood Setant conforme a lordre de La Cour
au bas de la requete du s^ Reilhe En datte de ce jour Et a la
demande du s'' Reilhe, la Cour Condamne le s^ Reilhe En
tous les frais Et depens de lextraordinaire donne aux Cahos la
Cour sente [sic] led* jour douze Septembre mil Sept cent quatre
vingt six.
Labuxiere grefier J B H LaCroix prSdt.
a une Cour du 2 8^^^ 1786.
M""^ jean B*^ LaCroix presidant Louis Chatel
antoine girardin Mathieu saucier
Louis trotier Clement alary
Conseillers
Philips Engel demandeur contre M^ dorsey Pentecoste
represente par M^ jean B*^ LaCroix deffendeur
Le demandeur demande au deffendeur quil soit tenu a faire
la mitoyenne En pieux de Bout des terrains Entre led* S^ Pente-
coste Et led* S'^ angel Le S^ LaCroix a repondu quil offroit de faire
ladite mitoyenne pour vu toutes fois que la Cour lordonne afin
quil luy en soit tenu Compte par led* S^ Pentecoste. sur quoy
2 For Dorsey Pentecoste, see p. 581.
COURT RECORD, OCTOBER, 1786 255
a question of producing these documents, refused; and he prayed
that the said Todd be compelled to produce them or that he
be denied all his prayers against the said Madame Camps and be
condemned to pay the costs and expenses.
Heard M. Todd who said that he brought action personally
against the said M. Reilhe and produced in Court a note due
by M. Guillon jr. for twelve hundred and five pounds weight of
beaver guaranteed by the deceased M. Camp under date of Sept-
ember 23, 1785, without demanding the payment therefor.
Whereupon the Court asked him if he wished to have the
cause decided now on this bank or elsewhere, saying that he was
free to have it decided by the four arbitrators, as was agreed with
M. Reilhe, or by jurors.
To which the said M. Todd answered that he would abandon
it for the present and have it decided at another time, that he had
only an affair with M. Reilhe.
Whereupon M. Todd having conformed to the order of the
Court written below the petition of M. Reilhe, under date of this
day and to the prayer of M. Reilhe, the Court condemned M.
Reilhe to pay all the costs and charges of the special session.
Given at Cahokia at the session of the Court the said day, the
the twelfth day of September, 1786.
Labuxiere, Clerk. J. B. H. LaCroix, Pres.
At a Court, October 2, 1786.
MM. Jean Bte. LaCroix, President. Louis Chatel.
Antoine Girardin. Matthieu Saucier.
Louis Trottier. Clement Alarie.
Councilors.
Philippe Engel, Plaintiff, vs M. Dorsey Pentecoste,^ repre-
sented by M. Jean Bte. LaCroix, Defendant.
The plaintiff demands of the defendant that he be held to build
the party fence of pointed stakes between the lands of the said
M. Pentecoste and the said M. Engel. M. LaCroix answered
that he offered to build the party fence, provided, however, that
the Court command it, in order that there may be rendered to
him account thereof by the said M. Pentecoste. Whereupon the
256 ILLINOIS HISTORICAL COLLECTIONS
la Cour ordonne au S^ LaCroix de faire ladite moyenne En pieux
de bout bonne Et recevable dont il se fera Rembourcer par led*
S'" pentecoste condamnons le S^ LaCroix aux frais.
at Girardin
La Cour est ajournee au deux de Novembre prochain.
Labuxiere grefier J B H LaCroix pr sdt.
[A blank page across which is written]
pass^ par Erreur et par inadertance [sic].
a une cour du 2. 9^^^ 1786.
IVF® jean B*« LaCroix presidant Louis trotier
antoine girardin Louis chatel
Mat. saucier Clement alary
Joseph Lapensee
Le Sr izaac Levy demandeur contre jean B*^ Baron
deffendeur
Le S^ Levy a produit un compte a la Charge du deffendeur
de la Somme de trois cent soixante livres en argent p"" fourni-
tures faites aud^ baron Lequel compte le deffendeur na pas voulu
aprouver En plusieurs articles et demande quil soit detaille
depuis le commencement jusqua la fin. Sur quoy la Cour a
ordonne que le s^ Levy fournira au deffendeur son compte de-
taille art. par art. avec les dattes Et avoir quil aura Recti p'"
etre disente ou aprouve par le deffendeur Et En Etre ordone
devant un magistrat de la Cour a quil apartiendra depens reserve
jusqua la deffinition de leurs comptes.
La Cour est ajournee au i^^ decembre 1786.
Labuxiere grefier J B H LaCroix pr Sdt.
a une Cour tenue du i^^ decembre 1786.
M" jean B*^ LaCroix presidant Louis Chatel
antoine girardin Joseph Lapensee
Mathieu saucier
Mr JOSEPH Labuxiere demandeur contre jean B*« dumay
deffendeur
Le demandeur a presente un billet contre led* dumay par
lequel il demande p^ restant quarante Cinq livres en argent ou
COURT RECORD, NOVEMBER, 1786 257
Court ordered M. LaCroix to build the said party fence of
pointed stakes, good and acceptable, for which he shall cause
himself to be reimbursed by the said M. Pentecoste. We con-
demn M. LaCroix to the costs. At. Girardin.
The Court adjourned to the second of November next.
Labuxiere, Clerk. J. B. H. LaCroix, Pres.
[A blank page across which is written]
Passed by error and inadvertence.
At a Court, November, 2, 1786.
MM. Jean Bte. LaCroix, President. Louis Trottier.
Antoine Girardin. ' Louis Chatel.
Mat. Saucier. Clement Alarie.
Joseph Lapanc^.
M. Isaac Levy, Plaintiff, vs Jean Bte. Baron, Defendant.
M. Levy produced an account due from the defendant for the
sum of three hundred and sixty livres in money for supplies made
to the said Baron. Several articles of this account the defendant
has been unwilling to approve and demands that it be itemized
from beginning to end.
Whereupon the Court decreed that M. Levy shall furnish the
defendant his account itemized article by article with the dates and
credit which he shall have received, to be disapproved or approved
by the defendant, and a decree for the payment thereof to whom-
soever it belongs will be made before a magistrate of the Court;
the expense being reserved until the final decision in regard to their
accounts.
The Court adjourned to December i, 1786.
Labuxiere, Clerk. J. B. H. LaCroix, Pres.
At a Court held December i, 1786.
MM. Jean Bte. LaCroix, President. Louis Chatel.
Antoine Girardin. Joseph Lapanc^.
Matthieu Saucier
M. Joseph La Curie, Plaintiff, vs. Jean Bte. Dumay,
Defendant
The plaintiff presented a note against the said Dumay on which
he demands as balance forty-five livres in money or flour, and
2s8 ILLINOIS HISTORICAL COLLECTIONS
farine Echti. le deffendeur a dit navoir point dargent p^ payer
qui est tout ce que les parties ont dit.
La Cour a condanne le deffendeur a payer sans delais Et aux
frais. J B H LaCroix
M^ de S* pierre cur^ de cette paroisse a presente Sa requete
pour demander linterdiction de la boisson aux sauvages. La
Cour a ordonne que les ordonnances rendues a ce sujet cy devant
seront publiees dimanche prochain afin que personne ne lignore
Et Les contrevenant punis selon lesd^ ordonnances.
a la meme Cour.
M^ DUBREUIL marchand de la rive espagnole Contre fr
TROTiER comparant par Charles duCharme son fonde de pouvoir
Et charge de Ses affaires.
Le S^ dubreuil demande le payement dune somme de deux
cent Cinq piastres quatre Escalins suivant le Billet dud^ s^ trotier
Echus depuis le mois doctobre led^ Billet a ordre En datte du 13
fevrier de cette presente annee.
Le deffendeur a dit navoir point de fond quant a present a-
partenant au s^ trotier p^ payer mais quil avoit En main des
obligations a luy dues, quil aloit forcer les payments pour Satis-
faire aud* Billet.
La Cour a ordonne que vu le manque de fond Entre Les
mains du s^ ducharme Et labsence du M^ trotier que M^ dubreuil
Suspendre les payement jusques au mois doctobre de Lannde
prochaine Et luy sera pay^ par m^ trotier Linterest suivant le
taux du Commerce condamnons le s^ trotier aux frais.
a La meme Cour.
Le S^ Billet demandeur contre Louis Lecompte defendeur
Le demandeur a produit un Billet contre Le deffendeur de la
somme de deux centlivres En argent Echus depuis le mois doc-
tobre dernier de la somme de deux cent livres requerant que le
deffendeur le paye sans delais et aux frais et depens.
Le deffendeur a replique que SEtoit pour un Boeuf Et quil
N'avoit pas pu se Servir du Boeuf quil Ne pouvoit pas le payer
Et que le S^ Blay actuellement icy Etoit present quil sait ce que
1 See p. 215.
COURT RECORD, DECEMBER, 1786 259
which has matured. The defendant said that he had no money to
pay, which is all the parties have said.
The Court condemned the defendant to pay the note without
delay and the costs. J. B. H. LaCroix.
M. de St. Pierre, Curi of this parish, presented his petition
in order to request the prohibition from giving drink to the
savages. The Court decreed that the ordinances rendered here-
before on this subject shall be published next Sunday in order
that no person be ignorant and that offenders shall be punished
according to the said ordinances.^
At the same Court.
M. DuBREUiL, trader from the Spanish bank, vs. Fr. Trottier,
represented by Charles DuCharme, his private attorney and
commissioned with his affairs.
M. Dubreuil demands the payment of a sum of two hundred
and five piastres four escalins according to the note to order under
date of February 13 of this present year, given by the said M.
Trottier and matured since the month of October.
The defendant said that he did not have any funds at present
belonging to M. Trottier with which to pay; but that he had in
his hands obligations due him, of which he was going to force
payments to satisfy the said note.
The Court decreed that, in view of the lack of funds in the
hands of M. DuCharme and of the absence of M. Trottier, M.
Dubreuil shall suspend payment until the month of October of next
year and there shall be paid him by M. Trottier the interest accord-
ing to the commercial rate. We condemn M. Trottier pay the costs.
At the same Court.
M. Billet, Plaintiff, vs. Louis Lecomte Defendant
The plaintiff produced a note against the defendant for the
sum of two hundred livres in money, matured since the month
of October last, and requires that the defendant pay him without
delay with the costs and charges.
The defendant answered that it was for an ox and that he had
not been able to make use of the ox; that he could not pay for
it; and that M. Blay, now here, was present and that he knew
26o ILLINOIS HISTORICAL COLLECTIONS
le deffendeur a dit au s^ Beausoleil et leur Conventions, sur
quoy avons fait paroitre, \e S'" Blay lequil apres sermant par luy
fait sur les S* Evangiles Et interoge sil sait les conventions des
parties a dit quil ne savoit point leurs conditions si non quil avoit
Entendu que Le s^ LeCompte avoit achete du s^ Beausoleil,
le boeuf p^ deux cent livres qui est tout ce quil a dit savoir. le
tout examine la Cour Condamne led* Louis Lecomte a payer au
s^ Beausoleil la Somme de deux cent livres p'" le montant du
boeuf Et ce sans delais, si mieux naime led* s^ Beausoleil repren-
dre le boeuf au Cas quil se retrouve a son Choix condamnons
led* Lecompte aux frais qui seront avanc^s par le s^ Beausoleil
Et rembources par led* Lecompte.
a la meme Cour.
Le S^ MOTARD demandeur contre Laurant hamelin deffendeur
Le S^ motard demande au deffendeur le payement de Son
Billet de la Somme de Cent quatre livres Seize sols En p*^*®
Echus. le deffendeur a dit que la pelterie ne valoit dans ce
temps que vingt sols En argent Et quil na jamais Entednti faire
un billet que de Cent quatre livres Seize sols En argent quil offroit
de payer ladite somme de Cent quatre livres seize sols En argent
et non en pelterie.
Led* s^ Motard a replique quil Etoit vray que la pelterie ne
valoit pas plus que largent dans le temps que le billet a Ete
Consenty mais que par le retard du payement il demandoit que
son payement fut fait suivant le Billet que dailleur SEtoit pour
Equipement Et quil avoit Vendu aud* hamelin ce quil avoit
pris En pelterie Et non En argent, le tout considere La Cour a
Condamne led* hamelin a payer son Billet en Entier de la Somme
de Cent quatre livres Seize sols en pelterie Et ce sans delais Et
aux frais qui seront avances par le s^ motard et a luy Rembourcez
par led* hamelin.
a la meme cour.
Le S^ Motard demandeur Contre Francois turgeon def-
fendeur
Le demandeur requiere le payement de plusieurs articles de
travail quil devoit luy faire Et quil na point fait le tout verbalement.
COURT RECORD, DECEMBER, 1786 261
what the defendant said to M. Beausoleil and their agreement.
Whereupon we summoned M. Blay, who, after taking oath on
the Holy Gospels and being asked if he knew about the agreement
of the parties, said that he did not know the conditions, except that
he had understood that M. Lecomte had bought from M. Beau-
soleil the ox for two hundred livres, which is all he said he knew.
After examining all, the Court condemns the said Louis Lecomte
to pay to M. Beausoleil the sum of two hundred livres for the
price of the ox and this without delay, unless the said Beausoleil
prefers to take back the ox in case it be found to his liking. We con-
demn the said Lecomte to pay the costs, which shall be advanced
by M. Beausoleil and reimbursed to him by the said Lecomte.
At the same Court.
M. MoTARD, Plaintiff, vs. Laurent Hamelin, Defendant.
M. Motard demands of the defendant the payment of his
note for the sum of one hundred and four livres sixteen sols in
peltries, which is matured. The defendant said that peltries
were worth at the time only twenty sols in money and that he never
meant to make a note except for one hundred and four livres
sixteen sols in money, that he offered to pay the said sum of one
hundred and four livres sixteen sols in money and not in peltries.
The said M. Motard answered that it was true that peltries
were not worth more than money at the time that the note was ac-
cepted; but that, on account of the delay in payment, he demanded
that the payment should be made according to the note, and that be-
sides it was for equipment; and that he had sold to the said Hamelin,
what he had taken, for peltries and not for money. After consid-
ering all, the Court condemned the said Hamelin to pay his entire
note for the sum of one hundred and four livres sixteen sols in pel-
tries and this without delay, and to pay the costs, which shall be ad-
vanced by M. Motard and reimbursed to him by the said Hamelin.
At the same Court.
M. Motard, Plaintiff, vs. Francois Turgeon, Defendant.
The plaintiff demands the payment of several items of work,
which the defendant ought to do for him, and which he has not
done, all on a verbal agreement.
262 ILLINOIS HISTORICAL COLLECTIONS
Le deffendeur a produit un Compte douvrage Et de joum^e a
la charge du s^ motard.
Les quels comptes non p{i intruire suffisament La Cour p^
donner un jugement juste, le tout Examine elle renvoy les par-
ties a Se pourvoir devant des arbitres devant qui ils produiront
leurs comptes depart Et dautres.
Et al Egard du bled Et recolte quils ont En societe la cour a
decide que tout sera Raportd a la masse Et que led* Bled sera
Batu a frais Commun Cest a dire que le s^ motard fournira un
homme et le Nourira Et payera; led* turgeon Se fournira et se
Nourira pour le tout Batu sans que qui que ce soit y puisse toucher,
led* bled sera partag^ savoir un tier p^ turgeon Et les deux tier
p'" s^ motard. toutes fois la semances de dix neuf minots pre-
levee par le s'" motard Et tous les frais de ladite recolte, tant des
trois minots que le s^ motard a fait semer que les quatre minots
que turgeon a Seme seront payez le tout sur la masse du bled La
baterie de la grange Sera racommodee par led* turgeon et le S^
motard a frais Commun et par moitie.
Et pour les reparations de la maison que le S^ motard demande
aud* turgeon Et que led* turgeon na point fait, condamnons led*
turgeon a payer Cinquante livres au s^ motard p^ lesd* repara-
tions. Et les frais du proces compensez chacun par moitie qui
seront avances par le S^ motard et lautre moitie luy Sera Rem-
bourcee par led* turgeon.
La Cour est ajournee a i^^ Janvier 1787.
Labuxiere gfier J B H LaCroix pr sdt.
a une cour du deux Janvier mil sept cent quatre vingt sept
tenue par.
M""^ jean B*^ LaCroix clement alary
ant girardin Louis Chatel
Joseph Lapensee
Le S^ Dumoulin demandeur contre Pierre troge deffendeur
Le demandeur requiere que le deffendeur luy paye le restant
de Son Billet Echu duquel il y a Eu ci devant condamnation.
COURT RECORD, JANUARY, 1787 263
The defendant produced an account of work and of day's
labor done at the charge of M. Motard.
Since these accounts could not instruct the Court sufficiently
to make it possible to render a just judgment and after examining
all, the Court dismissed the parties to plead before arbitrators,
before whom they shall produce their accounts.
And in regard to the wheat and crops which they have in part-
nership, the Court decided that all shall be accounted for in the
mass and that the said wheat shall be thrashed at the common
expense, that is to say, M. Motard shall furnish a man with his
keep and wages and the said Turgeon shall furnish himself with
his keep, for the time of the whole thrashing. Without anyone
whomsoever meddling with it, the grain shall be divided as
follows, one third to Turgeon and two thirds to M. Motard.
Yet the seed of the nineteen minots deducted previously by M.
Motard, and all the expense of the said crop, as well as some three
minots which M. Motard has had sown, and the four minots
which Turgeon sowed, shall all be paid from the whole quantity of
grain. The threshing-floor of the barn shall be repaired by the said
Turgeon and M. Motard at common expense, equally divided.
And for the repairs of the house, which M. Motard demands
of the said Turgeon and which the said Turgeon has not made,
we condemn the said Turgeon to pay fifty livres to M. Motard
for the said repairs. And each shall pay half of the costs of the
suit, which shall be advanced by M. Motard, and one half shall
be reimbursed to him by the said Tiurgeon.
The Court adjourned to January i, 1787.
Labuxiere, Clerk. J. B. H. LaCroix, Pres,
At a Court of the second of January, 1787, held by
MM. Jean Bte. LaCroix. Clement Alarie.
Antoine Girardin. Louis Chatel.
Joseph Lapance.
M. DuMOULDsr, Plaintiff, vs. Pierre Troge, Defendant.
The plaintiff demands that the defendant pay him the balance
of his matured note for which judgment has been given here-
before.
264 ILLINOIS HISTORICAL COLLECTIONS
Le deffendeur a repondii quil le payeroit a present sil avoit de
quoy, mais quil le payeroit le plustost quil pouroit.
Sur quoy la Cour a ordonn^ au defendeur de payer Ce quil
Redoit aud^ s^ dumoulin dans le Cour de ce mois, lequel terns
passe la presente Sentence Sera mise a Execution condamne le
deffendeur aux depens.
a la requisition de Thorn Bredy la Cour a Saisy entre les mains
du S^ jean B*® LaCroix la valeur dun Cost^ de Cuir et dun Eperon
qui lui sont dub par le S^ Lorens taneur de la partie espagnole a
qui le S^ Lacroix a des fonds Entre les mains, la Cour luy deffend
de sen dessaisir que led* lorams n'ait satisfait led* Thom Brady
ou quil nen soit ordonne et Sera signiffi^ aud* S^ LaCroix.
Sur la demande du S^ Beausoleil
Le S^ Louis Lecomte ayant refuse sur notre Sentence rendue
contre luy de payer aud* s^ Beausoleil apres que commandemant
et signiff"^ de ladite sentence luy a Ete faite par notre huissier la
Cour ordonne que la terre dud* LeCompte dun arpent de large
situee a la prairie du pont tenant a Sans facon et a Courville sera
saisie Et vendue judicierement a la porte de lEglise par trois Crimes
au plus offrant Et dernier Encherisseur au contant Et jusqua la
Concurrance de ce quil doit aud* Beausoleil frais et depens.
La Cour est ajourne au i^^ fevrier prochain.
aujourdhuy quartorze Janvier mil Sept cent quatre vingt sept
est comparti au greffe de la Cour en presence de M^ Jean B*® Du-
buque commandant de ce vilage
Le S^ augustin dubuque marchand voyageur demeurant pre-
sentement en ce susd* village des Cahos. lequel a declare quil
desiroit de devenir un des sujets des Etats unis de Lamerique et
a fait le Sermant de fidelite aux dits Etats ainsy quil suit. Je fait
Sermant de renoncer et refuser toute fidelity a george trois Roi de
la grande Bretagne Ses hoirs Et Sucesseurs, que je seray fidel Et
porteray vray fidelity a la republique de la verginie comme un Etat
COURT RECORD, JANUARY, 1787 265
The defendant answered that he would pay it now, if he had
means; but that he would pay it as soon as he could.
Whereupon the Court commanded the defendant to pay what
he still owed to the said M. Dumoulin in the course of this month;
and when that time was past, the present judgment shall be put
in execution. Condemned the defendant to pay the expenses.
On the requsition of Tom Brady the Court has seized from
the funds belonging to M. Lorens, tanner on the Spanish side,
now in the possession of M. Jean Bte. LaCroix, the value of a
side of leather and a spur, which is due him from the said M.
Lorens. The Court forbids M. LaCroix to dispossess himself
thereof until the said Lorens has satisfied the said Tom Brady
or an order thereto has been made; and notice shaU be served on
the said LaCroix.
On the prayer of M. Beausoleil.
M. Louis Lecomte having refused, upon our judgment ren-
dered against him, to pay the said M. Beausoleil, after formal
demand and notification of the said judgment was made to him
by our huissier, the Court decrees that the land of the said Le-
comte, of an arpent in width, situated in the Prairie du Pont
adjacent to the lands of Sansfa^on and Courville, shall be seized
and sold by judicial sale at the door of the church, after three
publications, to the highest bidder for cash and up to the equiva-
lent of what he owes to the said Beausoleil with costs and ex-
penses.
The Court adjourned to next February i.
To-day the fourteenth of January, 1787, there appeared at
the record-office of the Court in the presence of M. Jean Bte.
Dubuque, Commandant of this village,
M. Augustin Dubuque, traveling trader, dwelling at present
in this village aforesaid of Cahokia, who declared that he desired
to become one of the subjects of the United States of America
and made oath of fidelity to the said States as follows: I make
oath to renounce and refuse all fidelity to George III., King of
Great Britain, his heirs and successors; and that I will be faith-
ful and bear fidelity to the Republic of Virginia as a free and in-
266 ILLINOIS HISTORICAL COLLECTIONS
libre et independant Et jamais je ne feray ni ne feray faire aucune
Chose qui puisse etre prejudiciable ni injurieuse a la liberty Et
independance dud* Etat comme est declard par le congre. Et
aussi que je discouvriray et feray savoir a quelque juge de paix
dud* Etat toutes trahisons ou Conspirations qui Seront venues ou
pourront venir a ma connoissance formee contre led* Etat ou quel-
quautres des Etats unis de Lamerique. duquel Sermant led*
augustin dubuque a requis acte En presence de Lassemblee tenue
cejourdhuy En la maison du M^ fr. Saucier, Et Encore dud* S^
jean B*^ dubuque Commandant de M^ jean B*^ LaCroix presidant
magistrat et dud* S^ francois Saucier temoins qui ont avec led* S''
augustin debuque signe le present lesd* jour et an.
[Signed] Aug. Dubuque B Dubuque
marque de DuCharme
+
F. Courier
Labuxiere gfier J. B. H. LaCroix pr sdt.
a une Cour du 19 fevrier 1787.
M'* saucier presidant a 1' absence du M^ LaCroix
ant girardin Joseph Lapens^e
Louis Chatel M* saucier
clement alary
demandeur M^ i\ Saucier contre Joseph Baribaud
Le demandeur a dit que le deffendeur luy devoit un milier de
Bardaux Et quil le luy avoit paye. le deffendeur a denie par des
raisons repliques et autres propos que la Cour a bien entendu Et
le tout murement Examine, le serment prete par p^^ leperche Com-
me temoins. Ladite cour condamne Ledit Baribaud a rendre
dans la Cour du S^ saucier un millier de Bardaux bon et recevable
sujet a visite le tout aux frais dud* Baribaud et payera au s'"
saucier Les frais du proems liguidez [sic] a quinze livres dont
le s^ saucier fera compte a la justice ce qui sera execute le tout
sans delais.
A* G]>ardin
COURT RECORD, FEBRUARY, 1787 267
dependent state; and I will do nothing nor will I cause anything
to be done, which can be prejudicial or injurious to the liberty
and independence of the said State, as is declared by Congress.
And also I swear that I will disclose and make known to some
justice of the peace of the said State all treasons or conspiracies,
which shall have come or may come to my knowledge, formed
against the said State or others of the United States of America.
Of which oath the said Augustin Dubuque demanded certificate.
Given in the presence of the assembly, held to-day in the house of
M. Fr. Saucier, and also in the presence of M. Jean Bte. Dubuque,
Commandant of [this village] and of M. Jean Bte. LaCroix, Pres-
ident and Magistrate, and of the said M. Francois Saucier,
witness, who have with the said M. Augustin Dubuque signed
the present the said day and year.
[Signed] Aug. Dubuque. Aug. Dubuque.
Mark of DuCharme.
+
Fr. Courier.
Labuxiere, Clerk. J. B. H. LaCroix, Pres.
At a Court, February 19, 1787.
M. Saucier, President in the absence of M. LaCroix.
Ant. Girardin. Joseph Lapanc^.
Louis Chatel. Matt. Saucier.
Clement Alarie.
M. Fr. Saucier, Plaintiff, vs. Joseph Baribaud.
The plaintiff said that the defendant owed him a thousand
shingles and he had paid him for them. The defendant denied
by arguments, rejoinders and other talk, which the Court has
attentively heard; and having carefully examined all and the oath
taken by Pierre Laperche as witness, the said Court condemns
the said Baribaud to deliver in the yard of M. Saucier a thousand
shingles, good and acceptable, and subject to inspection, the
whole at the expense of the said Baribaud; and he shall pay to
M. Saucier the costs of the suit which are fixed at fifteen livres,
for which M. Saucier shall make account to justice, for all of which
there will be execution without delay. At. Girardin.
268 ILLINOIS HISTORICAL COLLECTIONS
a la meme cour.
Louis VADEBONCOEUR demandeur centre Gabriel Baron qui
na voulu paroitre aprds lordre recu
Le demandeur a produit un compte de fourniture montant a
vingt cinq livres quil a sermante devant la Cour.
vti le refus du deffendeur de ne vouloir paroitre la dite cour la
condamne a payer sans delais aud* demandeur la somme de vingt
Cinq livres Et En quinze livres de frais. qui seront avances par
le demandeur et a luy rembourcds par led* gabriel Baron ce qui
sera Execute.
La Cour est ajournde au i^^ mars 1787.
f. saucier,
a une Cour du premier mars 1787.
M'*' LaCroix presidant Joseph Lapensde
A* girardin Clement alary
Les deputez de la fabrique des Cahos Etant assemblez devant
la Cour pour Se laver de Limputation qui leur a Ete faite davoir
recele des papiers que M^ augustin dubuque leur avoit confie,
leqeul dit s"^ dubuque apres un Certain tems et plusieurs Recher-
che a dit Les avoir trouve Entre deux pieux de son terrain M^ de
S* pierre cure de cette paroisse present a requis le sermant dun
chacun des dits deputez comme il Navoit aucune part a lEgare-
ment des papiers. Lesquels devant La Cour Savoir le s^ francois
saucier, s^ jean B^ LaCroix, s^ antoine Girardin, Charle du-
Charme, francois Courier Joseph Labuxiere, grefier, Et Mond*
S^ de S* pierre cure ont fait led* sermant.
sur quoy la Cour les a declare absout de tout soupcon a cet
Egard. sur la declaration que le s^ dubuque fait. Et de son ser-
mant quil a fait quil ignoroit qui les avoit mis a cet Endroit dont il
decharge les dits deputez Et tous autres.
marque de marque de
+ +
Joseph Lapensee Clement alary
Les S'"^ Lonval, deslonchamps Et Joseph Lapensee on de-
mandd le des domagement des Clotures des terres de lEglise
vendue a rente le dimanche 25 de ce mois. la Cour a ren-
COURT RECORD, MARCH, 1787 269
At the same Court.
Louis Vadeboncoeur, Plaintiff, vs. Gabriel Baron, who was
unwilling to appear after receiving summons.
The plaintiff produced an account for supplies amounting to
twenty-five livres to which he made oath before the Court.
In view of the refusal of the defendant to appear, the said
Court condemned him to pay without delay to the said plaintiff
the sum of twenty-five livres, and fifteen livres for costs, which
shall be advanced by the plaintiff and reimbursed to him by the
said Gabriel Baron, for which there will be execution.
The Court adjourned to March i, 1787.
F. Saucier.
At a Court March, i, 1787.
MM. LaCroix, President. Joseph Lapanc6.
Ant. Girardin. Clement Alarie.
The deputies of the vestry-board of Cahokia having assembled
before the court to clear themselves of the charge, which has
been made against them, of having concealed some papers which
M. Augustin Dubuque had confided to their care, and which
the said M. Dubuque said he had found, after a certain time and
several searches, between two stakes of his land, M. de St.
Pierre, curS of this parish who was present, demanded the oath
from each of the said deputies that he had no share in the loss of
the papers. The following have taken the said oath before the
Court, to wit: M. Franfois Saucier, M. Jean Bte. LaCroix, M.
Antoine Girardin, Charles DuCharme, Francois Courier, Joseph
Labuxiere, Clerk, and the said Sieur de St. Pierre.
Whereupon the Court declared them absolved from all suspi-
cion in this respect on the affidavit which M. Dubuque made
and his oath which he made that he did not know who put them
in that place, with which he discharges the said deputies and all
others.
Mark + of
Joseph Lapanc6
Mark + of
Clement Alarie
270 ILLINOIS HISTORICAL COLLECTIONS
voyer la prochaine Cour pour En decider ne se trouvant
complette.
La Cour est ajourn^e au i®^ avril 1787.
J B H LaCroix.
aujourdhuy premier mars mil sept cent quatre vingt sept Est
Comparue au greffe de la Cour En presence de M^^ Les magis-
trats, Marie Louise Lemire veuve de deffunt francois Grosle tue
par les Sauvages Environ huit jours apres leur mariage Et comme
led* grosle avant detre marie avant [sic] lexposante avoit Contracte
differentes debtes avant dEntrer En Communaute avec elle Et quil
ne se trouve ancunne Chose pour remplir son douaire porte par son
Contract de mariage que la somme de deux cent livres qui sont
Entre les mains de francois Biguier dit grosle pere dud* deffunt
quelle reclame p^ ses droits qui sont a plus forte somme cest pour-
quoy ayant Examind les affaires dud* deffunt Et les debtes quil
a Contracte tant avant son mariage que frais de nocces et apr^s le
susdit mariage Et voyant par le deces dud* deffunt grosle Biguier
son mary que la Communautd quil y avoit luy est plus honnereuse
que profitable Elle a declare devant ladite Cour et declare quelle
renoncd comme de fait Elle a renonce a la Communaute quil y
avoit Entre led* deffunt francois Biguier dit Grosle Et Elle pour
les tor quelle En souffriroit Et quelle En soufre, actuellement
declarant quelle se desiste de ladite Communaute et que ledit def-
funt ny a Rien aporte ny guains ny travaux declare En outre ladite
veuve quelle ne sest immissde En aucunne facon de payer ni re-
cevoir aucunne Chose qui ay pu apartenir aud* deffunt, Et que led*
francois Grosle pere dud* deffunt a pris Et retire tout ce qui pou-
voit apartenir a Son dit fils, quelle Reclame seulement la somme
de deux cent livres que led* francois grosle a Entre ses mains apar-
tenante aud* deffunt son mary provenante de la succession de
Sa mere pour luy tenir lieu de douaire Et preciput a Elle accorde
par son Contract de mariage avec led* francois Biguier dit grosle de
laquelle declaration Et renonciation elle a requis acte que la Cour
1 For lack of a quorum.
COURT RECORD, MARCH, 1787 271
MM. Lonval, Deslonchamps and Joseph Lapancd demanded
damages for the fences of the church lands, the leases of which
were sold Sunday, the 25th of this month. The Court dismissed
the case to the next Court for decision, not finding itself complete.^
The Court adjourned to April i, 1787.
J. B. H. LaCroix.
To-day, the first of March, 1787, there appeared at the ofl&ce
of the Court in the presence of the magistrates, Marie Louise
Lemire, widow of the deceased Grosld, who was killed by the
savages about a week after their marriage; and since the said
Grosl^, before being married to the petitioner and entering into
a community of goods with her, had contracted divers debts, and
there is found nothing from which to refund her dower, declared
by her contract of marriage, except the sum of two hundred
livres, which are in the hands of Francois Biguier called Grosle,
father of the said deceased, and which she claims for her dues,
which are for a greater sum; this is the reason why, after examin-
ing the affairs of the said deceased and the obligations which he
contracted as well before his marriage as for the expenses of the
marriage and after the marriage aforesaid, and seeing from the
death of the said deceased Grosld Biguier, her husband, that the
community of goods which exists is more burdensome than profit-
able for her, she declared before the said Court and declares
that she renounces, as in fact she has renounced, the community
of goods, which existed between the said deceased Frangois Biguier
called Grosle and herself, on account of the wrong which she
would suffer and is suffering from it; and now she declares that
she abandons the said community of goods; and that the said
deceased contributed nothing, neither gains nor work, thereto;
the said widow declares furthermore that she has not entered upon
possession in any way either by paying or receiving any thing
which may have belonged to the deceased; and that the said
Francois Grosld, father of the deceased, has taken and withdrawn
all that which could belong to his said son, and that she claims
only the sum of two hundred livres, which the said Francois Grosle
has in his possession, belonging to the deceased, her husband, and
272 ILLINOIS HISTORICAL COLLECTIONS
luy a octroy^ sous le sermant quelle a fait de n'avoir Rien detourne
des effets appartenants aud* deffunt son mary et quelle accuse la
verite de tout ce quelle a declare cy dessus. sur quoy ladite Cour
aprouve ladite renonciation et ordonne quelle sortira son plain Et
Entier Effet Et ladite Lemire sera Bien et valablement decharge
de toutes debtes de ladite Communaute Et autres quil peut avoir
Contracte tant avant quapres led* mariage. la Cour alouant a
ladite veuve les deux cent livres qui se trouvent Entre les mains
dud* francois Biguier pere dud* deffunt p'^ luy tenir lieu de douaire
Et de preciput au payement de laqeulle somme led* francois Big-
uier sera Contraint Et avons sign^ les d* jour et an et ladite veuve
fait sa marque ord'*® ne sachant signer lesd* jour et an.
marque de +
marie Joseph Lemire J B H LaCroix.
a une Cour du deux avril mil Sept cent quatre vingt sept.
Jean B*® LaCroix Presidant Joseph Lapensee
antoine girardin Mathieu Saucier
Louis chatel Magistrats
Le S'" JOSEPH Labuxiere procureur aux biens vacants Chargd
de la Sucession de raphael gagne demandeur Contre Joseph
PouPART habitant deffendeur
1 Where the coutume ruled in France, the community of goods between husband and
wife was created by marriage. There were several forms of this marital association under
French law, but the simpler form of the commtinautS universellc prevailed among the French
settlers in America. The properties of the husband and wife were united in a common fund,
which was responsible for all debts contracted by either party before or after marriage. There
was thus created by maniage a tenancy in common. Although the husband was the head of
the community, the sale or purchase of property was made in the name of both parties custom-
arily, and this is the usual form found in the private instruments among the Illinois records.
By the contract of marriage all property possessed or to be acquired in the future was mutually
given to each other by the contracting parties, so that in case no child was bom — a condi-
tion always mentioned — the survivor would have all the property of the community. This
act made the community of goods into a conditional joint tenancy. In case of the birth of a child,
the widow possessed as her right in the community a life interest in half the common property.
The community of goods was frequently continued after the death of one of the parties during the
minority of the children. On account of the early marriages of the widows in the frontier com-
COURT RECORD, APRIL, 1787 273
which descended from the estate of his mother, to replace the dower
and jointure, accorded her by her contract of marriage with the said
Francois Biguier called Grosl^. And she has asked for a certifi-
cate of this declaration and renunciation, which the Court has
granted to her upon her making oath that she had nothing, drawn
from the effects belonging to the said deceased, her husband,
and by which she acknowledges the truth of all she has declared
above. Whereupon the said Court approves the said renuncia-
tion and decrees that it shall have its complete and full effect and
the said Lemire shall be truly and validly discharged from all
d^bts of the said community and others which may have been
contracted as well before as after the said marriage. And the
Court allows the said widow the two hundred livres^ which are in
the hands of the said Francois Biguier, father of the said deceased,
to replace the dower and jointure, to the payment of which the
said Francois Biguier shall be constrained.^ And we have signed
the said day and year, and the said widow made her mark, not
knowing how to sign, the said day and year.
Mark of J. B. H. LaCroix.
+
Marie Joseph Lemire.
At a Court, April 2, 1787.
Jean Bte. LaCroix, President Joseph Lapanc^
Antoine Girardin Matthieu Saucier.
Louis Chatel.
M. Joseph Labuxiere, attorney for the property in abeyance
of the estate of Raphael Gagne, plaintiff, vs. Joseph Poupar,
citizen, defendant.
Heard the plaintiff in his explanatory petition which shows that
the said Poupar owes the said estate a sum of fourteen hundred
and nineteen livres in money or peltries according to his note which
munity, this caused complexity in the property rights of the families. In the above case the
widow found that the succession to the community of goods would be more burdensome than
profitable, and therefore she appeared before the Court and made formal renunciation thereof.
She thus escaped from all responsibility for the debts of the community. This, however, did not
annulher rights in her husband's property, for by the renunciation of her rights to the community,
she had revived her dower rights, amounting to a half or a third of her husband's property. Since
the parents of her husband participated in making the contract of marriage by giving their
consent thereto, the widow acquired a life interest in their property to the amount of her dower.
De Ferriere, Coutume de Paris, iii., 2 et seq.; Viollet, Hist, du droit civil Franfais, 771 et seq.
274 ILLINOIS HISTORICAL COLLECTIONS
ouy le demandeur en sa requete expositive que led* poupart doit
a ladite Sucession une somme de quatorze cent dix neuf livres en
argent ou pelterie suivant son Billet Echii depuis plus de dix huit
mois. que la Sucession doit a plusieurs particuliers qui reclament
leurs Creances que lancan ayant Et6 fait a deux ans de Credy le
demandeur n'a aucun fond pour payer, quil a fait plusieurs
requisition au deffendeur de payer Sans avoir p^ obtenir de luy le
payement a cette fin Coucluant a ce quil soit condamn^ a payer le
restant de son Billet montant a ladite somme de quatorze Cent
dixneuf livres, Et aux frais Et depens et interest.
ouy le deffendeur qui a dit quil reconnoit devoir la Somme de
quatorze cent vingt neuf livres mais quil na aucun moyen de payer
actuellement ne se voyant pas En sutsiation [sic]. Sur quoy la Cour
a surcit le payement jusques au mois doctobre prochain en payant
Linterest a Cinq p^ Cent sur laquelle somme le deffendeur a pay^
Compte celle detroiscent soixante dix neuf livres Cinq sols En-
doss^ sur son obligation ce dit jour donne aux Cahos lesd* jour
Et an + En un memoire quil a produit.
a la meme Cour.
Mathieu saucier demandeur contre B^^ La Becasse deffendeur
Le demandeur a produit un Billet contre le deffendeur de la
somme de Cinq Cent livres Echus depuis un an En demandant le
payement Sans delais. le deffendeur a reconnu le billet Et a dit
navoir aucun moyen de payer a present quil le payeroit quand il
auroit de quoy.
Sur quoy la Cour a ordonn^ Et a condamne le deffendeur a
payer au demandeur le montant de Son obligation dans le cour
doctobre prochain a quoy faire il sera contraint par saisie Et
vente de Ses Biens privilegierement. donn^ En Cour lesd*
jour Et an.
a la meme cour.
M^ AUGUSTiN DUBUQUE demandeur contre Thom Bredy
deffendeur
Le demandeur reclame la Somme de douze Cent trois livres
onze sols quatre deniers pour marchandises quil luy a fourni p*"
son Commerce avec linterest frais et depens.
COURT RECORD, APRIL, 1787 275
matured more than eighteen months ago; and that the estate
owes several persons who are claiming their dues; and that, since
the auction of the property had given two years credit, the plaintiff
has no other fund from which to pay; that he has made several
demands upon the defendant to pay without being able to obtain
the payment from him; therefore he concludes that the defendant
should be condemned to pay the balance of his note amounting
to the said sum of fourteen hundred and nineteen livres and the
costs, charges and interest.
Heard the defendant, who said that he acknowledged that he
owed the simi of fourteen hundred and twenty-nine [nineteen?]
livres, but that he had no means to pay at present, not finding him-
self in position to pay. Whereupon the Court suspended the pay-
ment until the month of October next, and decreed that interest
at five per cent be paid. On this sum the defendant paid this day
an installment of three hundred and seventy-nine livres five sols,
endorsed on his obligation. Given at Cahokia the said day and
year on a memorandum which he produced.
At the same Court.
Matthieu Saucier, Plaintiff, vs. Bte. Labecasse, Defendant.
The plaintiff produced a note against the defendant for the sum
of five hundred livres, matured a year ago, and demands the
payment of it without delay. The defendant acknowledged the
note and said that he had no means at present, and that he would
pay when he had means.
Whereupon the Court decreed and condemned the defendant
to pay to the plaintiff the amount of his obligation in the course
of October next; to do which he shall be constrained by seizure
and sale of his property with preference. Given in Court the
said day and year.
At the same Court.
M. AuGUSTiN Dubuque, Plaintiff, vs. Tom Brady, Defendant.
The plaintiff claims the sum of twelve hundred and three
livres eleven sols four deniers with interest, costs and charges for
merchandise, which he furnished him for his trade.
Heard the defendant, who said that he did not owe this entire
276 ILLINOIS HISTORICAL COLLECTIONS
ouy le deffendeur qui a dit quil ne devoit pas cette somme en
Entier et quil navoit pas de quoy la payer actuellement, qua la
permiere demande de M^ dubuque il avoit voulu luy hypotequer
des effets p'' surete de ce quil pouvoit luy devoir mais que led^ s^
dubuque Navoit pas voulu les accepter dans le temps, que pour le
present son epouse ne le vouloit plus, quelle vouloit Rendre
compte a Ses Enfans auparavant, quil ne desavouet pas de devoir
au s^ dubuc Mais quil demandoit un delais en faisant son obliga-
tion.
Sur quoy la Cour a condamn^ le defifendeur a payer au demand-
eur le montant de ce quil doit aud* s^ dubuc Et ce sans delais a
quoy faire quil soit contraint par saisie Et vente des meubles et
effets qui apartiennent directement aud^ Thorn Bredy sur lesquels
led* S^ dubuc aura privilege. Sans derroger au privilege et pre-
ferance que les Enfans de laflame on sur ceux dud* deffendeur
Lesquels Biens du deffendeur. En cas que preferance Nait lieu
p^ les mineurs laflame Seront estimez et aura le Choix led* s^ dubuc
de les prendre au prix de lestimation ou de accorder un delais.
condamnons led* Thom Bredy aux frais Et depens qui seront
avances par le s^ dubuq.
delivre copie p"" signifier a thom Bredy.
a la meme cour.
p^^ MARTIN demandeur contre le S'" augustin dubuc deffendeur
Le demandeur reclame contre le deffendeur un memoire de
fournitures p^ Loyer de Cloison fournitures de Madriers planches
et Cloux rnontant a deux cent vingt Cinq livres dix sols En argent
Lesquels fournitures il luy a fait a Sa demande.
ouy le deffendeur qui declare avoir Emprunte la Cloison Sans
luire [sic] ni meme sans parler de loyer, Et que les Conventions
Etoient de luy remetre la Cloison En meme Etat quelle Etoit lors
quil la pretee lauthomne. Et comme il avoit recommande a M^
tabault de faire remetre la Cloison il a dit au deffendeur quil avoit
1 The wife of Thomas Brady was a Madame Laflamme, whose children by her first hus-
band had rights in the community of goods estabhshed by her marriage with their father and
which had not been ended by a division of the property, when she formed the second com-
munity of goods with Brady. Madame Brady now desired to settle with her children before
the community of goods with Brady became responsible for the debts owing Dubuque; but the
Court gave judgment against that property which had been brought to the community by Brady.
2 Note in margin by the clerk.
COURT RECORD, APRIL, 1787 277
sum, and that he did not have means to pay at present; that
at the tune of the first demand of M. Dubuque, he had wished
to give him a mortgage on his effects for surety for that which
he might owe him; but that the said M. Dubuque had not been
willing to accept them at the time, and that now his (the defend-^
ant's) wife was no longer willing, and that she wished to render
account to her children first; that he did not disavow his debt to
M. Dubuque, but that he asked for a delay in fulfilling his obli-
gation.
Whereupon the Court condemned the defendant to pay to the
plaintiff the amount of what he owed the said M. Dubuque and
that without delay; and the Court decreed that he should be con-
strained to do this by seizure and sale of the personal property
belonging directly to the said Tom Brady, on which the said
M. Dubuque shall have preference, without derogating from the
privilege and preference, which the children of Laflamme have on
the property of the said defendant.^ In case the minor heirs of
Laflamme have no right of preference, this property of the defend-
ant shall be appraised and the said M. Dubuque shall have the
choice of taking it at the appraised value or of granting a delay.
We condemn the said Tom Brady to pay the costs and charges,
which shall be advanced by M. Dubuque.
Delivered a copy for notification to Tom Brady. ^
Pierre Martin, Plaintiff, vs. M. Augustin Dubuque,
Defendant.
The plaintiff claims payment from the defendant of a bill for
supplies, namely for rent of partition, supplies of joists, planks
and nails amounting to two hundred and twenty-five livres ten
sols in money, which supplies he furnished the defendant at his
request.
Heard the defendant, who declares that he had borrowed the
partition without renting or even speaking of rent; and that the
agreement was that he return the partition to the plaintiff in the
same condition it was when the latter lent it in the autumn ; and
as he had ordered M. Tabeau to have the partition returned,
he told the plaintiff that he had made arrangements with Troge
278 ILLINOIS HISTORICAL COLLECTIONS
pris des arrangement avec troge p'" la remetre telle quelle Etoit Et
comme il y avoit quelques planches qui avoient Et^ rogn^s il devoit
luy En remetre dautres ou saranger avec martin quil Etoit juste
que si la Cloison navoit pas Et^ Remise comme m'" martin sen
plain il faut quelle soit remise En sa Nature par troge ou par ceux
qui ont les fonds de la society.
Le tout examine par la Cour Elle a Condamn^ Et condamne
le s^ dubuque a payer Sans delais aud^ pierre martin la Somme de
Cent trente Cinq Hvres dix sols pour le montant de son memoire
a laquelle nous lavons reduit sauf le recour dud* s^ dubuque sur
la societe condamne le s^ dubuque aux fi-ais Et depens.
Michel Charly demandeur contre Francois gramont deffendeur
Le demandeur Reclame contre le deffendeur dix livres pour la
bedauderie qui luy sont dus p^ lannde derniere 1786 p^ la maison
du deffendeur.
Le deffendeur a dit quil avoit vendu sa maison des le 24 7^^®
dernier que dailleur il ny demeuroit pas quil demeuroit ch^s M^
LaCroix.
La Cour a condamne le S^ gramont a payer au demandeur Sept
livres dix sols p^ sa part de la bedauderie jusqua la fin de Septem-
bre dernier Et condamne M^ charles cadron a luy payer Cin-
quante sols p^ les trois derniers mois de 1786. condamne la Suces-
sion de deffunt gramont aux depens liquidez a quinze livres donne
En Cour lesd* jour Et an.
a la meme Cour.
JOSEPH AMELIN demandant contre henry Kertis dit Bienvenu
Le demandeur a produit un Certifficat du Nomm^ Maillet, Et
Chevalier, vize par m^ Cruzat commandant a S* Louis par lequel
il apert que led* maillet Etoit Charge dune obligation de Neuf cent
Soixante neuf livres En pelterie Et quil a perdti ladite obligation
suivant led* Certifficat quil donne p^ tenir lieu dobligation declar-
ant quil na Rien recu dessus. ladite obligation due par led*
Joseph Kertis dit Bienventi icy present a la Cour Requerant que
led* Kertis dit Bienventi ait a luy En payer le montant Et aux
frais Et depens.
1 See case somewhat similar on p. 239.
i
COURT RECORD, APRIL, 1787 279
to return it in the same condition it was; and since there were
some planks which had been cut off, he ought to return others for
them or make arrangements with Martin. He said that it was
just, if the partition had not been returned, as M. Martin makes
complaint, that it should be returned in good condition by Troge
or by those who have the funds of the partnership.
All having been examined by the Court it condemns and does
condemn M. Dubuque to pay without delay to the said Pierre
Martin the sum of one hundred and thirty-five livres ten sols the
amount of his bill, to which sum we have reduced it, reserving to
the said M, Dubuque recourse against the partnership. Con-
demned M. Dubuque to pay the costs and charges.
Michel Charly, Plaintiff, vs. Francois Grandmont, Defendant.
The plaintiff claims from the defendant ten livres for the bead-
lery, which are due on the house of the defendant for last year, 1786.
The defendant said that he had sold his house the 24th of last
September, and that besides he did not live there, but at M. La-
Croix.^
The Court condemned M. Grandmont to pay to the plaintiff
seven livres ten sols for his share of the beadlery up to the end of
September last; and condemns M. Charles Cadron to pay him
fifty sols for the three last months of 1786; and condemns the
estate of the deceased Grandmont to pay the costs which are set
at fifteen livres. Given in Court the said day and year.
At the same Court.
Joseph Hamelin, Plaintiff, vs. Henry Kertis called Bienvenu.
The plaintiff produced a certificate of the named Mailhet and
Chevalier, signed by M. Cruzat, commandant at St. Louis, accord-
ing to which it appears that the said Mailhet was intrusted with
a note for nine hundred and sixty-nine livres in peltries and that
he lost the said note, according to the said certificate, which he
gives to take the place of the note; and he declares that he has re-
ceived nothing upon the said obligation owed by the said Joseph
Kertis called Bienvenu, here present in Court; and he prays that
the said Kertis called Bienvenu be held to pay him the amount
with costs and charges.
28o ILLINOIS HISTORICAL COLLECTIONS
ouy le deSendeur qui a recuse le Certifficat et qui a dit quil ne
devoit qua son Billet que Ion N'avoit qua le luy presenter quil
offroit de le payer quil declaroit ne pouvoit le payer autrement
quil pouvoit luy etre presente a missilimakinac ou ailleiurs Et quil
seroit oblige de le payer, quil avoit donn^ ordre au s'" Louis gaud
de retirer de largent ou pelterie du s^ maillet mais que maillet
avoit repondu quil avoit a produire des debtes aud* Bienvenii que
cest peut Etre led* Billet dont est question, quil ne devoit Rien
aud* maillet dailleurs.
La Cour a daboutee le demandeur de Ses demandes jusques a ce
quil ait produit Le Billet en question la Condamne aux frais Et
depens liquidez a quinze livres donne en Cour lesd* jour Et an.
delivre i copie a hamelin 5^^
M^ Myer Michael demandeur contre Pierre troge deffendeur
nayant voulu paroitre apres avoir Ete assigne.
Le demandeur a presente deux billets a luy dus par le deffen-
deur lun de la somme de deux Cent Cinquante deux livres dix sols
En argent Et lautre de Cent Cinquante formant les deux sommes
celle de quatre Cent deux livres deduction faite des acompte Reste
trois cent Cinquante six livres Sept sols qui le demandeur requiere
que led* troge luy paye sans delais avec les frais et depens.
La Cour atendu que led* troge na voulu paroitre apr& avoir
Ete apelle trois fois a la porte de lalidience la Condamne a payer
au demandeur la dite somme de trois cent Cinquante six livres
Sept sols. Et ce sans delais sauf aud* troge de donner des
surete au demandeur sil veut obtenir du terme Et la Condamne
aux frais liquidez a quinze livres qui seront avancez par le de-
mandeur Et a luy rembourcez par le deffendeur donnd En Cour.
La Cour est ajournee au premier May prochain ce 2 avril 1787.
J B H LaCroix Pr Sdt.
1 Note in margin by the clerk.
COURT RECORD, APRIL, 1787 281
Heard the defendant, who took exception to the certificate and
who said that he owed only for his note ; that one had only to pre-
sent it to him; that he offered to pay it; that he declared he could
not pay it otherwise ; that it might be presented to him at Michil-
limackinac or elsewhere and that he would be bound to pay it;
that he had given orders to M. Louis Gaud to withdraw money
or peltries from M. Mailhet; but that Mailhethad answered that
he had to give particulars of the debts to the said Bienvenu, and
that perhaps that is the said note in question ; that he owed noth-
ing to the said Mailhet otherwise.
The Court denied the prayers of the plaintiff until he should
have exhibited the note in question; and condemned him to pay
the costs and charges, which were set at fifteen livres. Given in
Court the said day and year.
Delivered a copy to Amelin, 5 livres}
M. Myer Michaels, Plaintiff, vs. Pierre Troge, Defendant,
who was unwilling to appear after having been summoned.
The plaintiff presented two notes due him by the defendant,
one for the sum of two hundred and fifty-two livres ten sols in
money and the other for one hundred and fifty, the two amounting
to four hundred and two livres. After deduction for the install-
ments made, there remain three hundred and fifty-six livres seven
sols, which the plaintiff demands that the said Troge pay him
without delay, with costs and charges.
The Court, considering that the said Troge did not wish to
appear after having been summoned three times at the door of the
audience chamber, condemned him to pay to the plaintiff the said
sum of three hundred and fifty-six livres seven sols^ and that with-
out delay, reserving to the said Troge the right to give surety to
the plaintiff, if he wishes to obtain terms; and condemned him to
pay costs, which were set at fifteen livres^ which shall be advanced
by the plaintiff and reimbursed to him by the defendant. Given
in Court.
The Court adjourned to the first of May next, this second day
of April, 1787.
J. B. H. LaCroix, Pres.
282 ILLINOIS HISTORICAL COLLECTIONS
a une Cour du premier May mil sept cent quatre vingt Sept.
]VF^ jean B*^ LaCroix Presidant Mathieu Saucier
Louis Chalet Joseph Lapensee
magistrats
le S'" JEAN DUMOULIN demaudeur contre augustin dubuq def-
fendeur
Le demandeur reclame une Somme de deux Cent dix neuf
livres dix sols En argent p^ plusieurs articles port^s au compte quil
a Produit devant la Cour concluant a ce que le defifendeur luy
paye ladite Somme Et aux frais Et depens, demandant a Etre
dechargd du payement des Clostures que les adjudicataires avoient
fait Sur les terres de la mission, dautant que les dites terres ont
Et^ reprises par la fabrique.
Le deffendeur repond que les Conventions faites avec M*"
Dumoulin Etoit de luy donner le dix p^ cent sur toutes les sommes
quil recevoit de la vente des Biens a la charge de payer les frais de
Criees Et que ce dix p'" cent devoit etre partage Entre led* S^
dumoulin Et le s^ Labuxiere p"" les Ecritures quil feroit mais que
nen ayant point fait le S^ Labuxiere ne demandoit Rien, Et que
Comme la fabrique a repris les Biens de ladite mission le deffend-
eur demandoit a Etre decharge du payement quexige M^ du
Moulin p^ son recononcment [sic].
Sur quoy vti les contestations des parties Et Nay ant voulu
Sen raporter a un arbitrage La Cour a Nomme les jures cy apres
pour decider de leur affaires, savoir
M'^ Myer Michaels Morel
helene hugues huvard
Largeau Jacq LaCroix
Laurant ducharme Belle ,
Courtois Kaorn
Wouel p^e Billet
donne en Cour le i^^ may 1787.
a la meme Cour.
Le S^ AUGUSTIN DUBUQUE demaudeuT contre pierre martin
deffendeur
Sur le proces entreux devant la cour du deux davril dernier le
s'" dubuq a dit navoir Rien promis a martin p^ loyer de sa Cloison
COURT RECORD, MAY, 1787 283
At a Court, May i, 1787.
MM. Jean Bte. LaCroix, President. Matthieu Saucier.
Louis Chatel. Joseph Lapance.
Magistrates .
M. Jean Dumoulin, Plaintiff, vs. Augustin Dubuque, Defendant.
The plaintiff claims a sum of two hundred and nineteen livres
ten sols in money for several items carried on the account which
he exhibited to the Court and he concludes that the defendant
should pay him the said sum with costs and charges; and he prays
that he be released from the payment for closing up the accounts,
which the purchasers made on the lands of the mission, inasmuch
as the said lands have been taken back by the vestry-board.
The defendant answers that the agreement with M. Dumoulin
was to give him ten per cent on all the sums which he received from
the sale of the property, on condition that he pay the costs of the
auction ; and that this ten per cent was to be divided between the
said M. Dumoulin and M. Labuxiere for the deeds which the
latter should make, but since he had made none, M. Labuxiere
demanded nothing; and that since the vestry-board had taken
the property of the said mission, the defendant demanded that
he be released from the payment which M. Dumoulin exacts for
his renunciation.
Whereupon, because of the contests of the parties and since
they are unwilling to submit to an arbitration, the Court named
the following jurors to decide their cause, to wit:
MM. Myer Michaels. Morel.
Helene. Jacques LaCroix.
Largeau. Bell.
Laurent DuCharme. Cahom.
Hugues He ward. Courtois.
Wouel. Pierre Billet.
Given in Court May ist, 1787.
At the same Court.
M. Augustin Dubuque, Plaintiff, vs. Pierre Martin,
Defendant.
In the suit between them before the Court the second of last
April, M. Dubuque said that he had promised Martin nothing
284 ILLINOIS HISTORICAL COLLECTIONS
et quil luy a seulement dit quil la luy feroit Remetre au meme Etat.
Martin a dit quil luy avoit promis un loyer Et quil seroit Contant
mais que au lieu de suivre ces conventions il a gaste Ses planches
et sa Cloison ainsi que plusieurs Madriers au [ ?] plancher den has
qui manquent demandant que le tout luy soit paye par led* S^
dubuq suivant le memoire quil produit Et quil ofre de produire p^
temoin le S^ paul poupart a linstant le S^ paul poupart est
comparu auquel nous avons fait faire sermant de dire la verite
Et a dit quil Navoit aucunne connoissance que le s^ du-
buque luy avoit promis du loyer quil ne lavoit pas Entendu.
Le S^ dubuque a produit le S^ troge qui apres avoir fait sermant
a declare quil avoit pose par ordre de M'' tabaud la Cloison
de martin mais que en ayant fait une partie il luy a demand^ de
luy faire une Equiere, quil la aussi faite par ordre du M^ tabault et
que led*^ martin la Cloison faite navoit Rien dit apres la cloison
faite.
Sur quoy la Cour ne pouvant decider a renvoye les parties a Se
pourvoir pardevant des arbitres.
B*^ DUMAY demandeur contre jean B*^ Baron deffendeur
Le demandeur conclud a ce que le deffendeur luy paye la somme
de Cent quatre vingt dix sept livres dix sols Sur quoy il a recu la
s^ de Cent livres reste quatre vingt dix sept livres dix sols quil
demande que led* baron luy paye Sans delais.
Sur quoy les parties Se Sont arrangees.
FRANCOIS GEROSME demaudeur contre Joseph Biguier dit grosle
deffendeur
Le demandeur demande au deffendeur Soixante trois Boulins
dune Cabanne que led* deft'endeur a Emprunte de la femme dud*
gerosme quil ait a les luy remetre de la meme grandeur et grosseur
Et aux frais Et depens.
Led* grosle a repondu quil ne devoit point de bois aud* gerosme
Et quil navoit aucun afaire avec luy que Setoit son fils qui avoit
emprunte du bois quil pouvoit saranger avec luy a linstant est
1 Boulins. This probably means the upright posts, grooved on two sides, which the
French used in building their houses. These posts were set in the ground a few inches apart
with the grooved sides together. The space thus left v>'as filled with "cat and clay'' — the
rat being finely cut straw or moss — and the grooves prevented the filling from falling out.
See illustration of a typical house of this description on opposite page.
r'
»?
f*,:'
•'■I
COURT RECORD, MAY, 1787 285
for rent of his partition; that he only said that he would have it
returned to him in the same condition. Martin said that Du-
buque had promised him a rent and that he would be contented;
but instead of keeping these agreements he had spoiled his boards
and his partition as well as several joists in the lower floor [?]
which are missing; and he prays that all be paid to him by M. Du-
buque according to the account which he produces; and he offers
to produce Paul Poupar as witness. And now appeared M.
Paul Poupar, whom we have made take oath to tell the truth, and
who said that he never had any knowledge that M. Dubuque
had promised rent, that he had never heard of it. M. Dubuque
produced Mr. Troge who, after having taken oath, declared
that he had by order of M. Tabeau put Martin's partition in
place; but that, having made a part of it, the latter had asked
him to make a balustrade for him; that he had also made it by
order of Mr. Tabeau; and that the said Martin had said nothing
after the partition was made.
Whereupon, the Court not being able to decide dismissed the
parties to sue before arbitrators.
Bte. Dumay Plaintiff vs. Jean Bte. Baron Defendant.
The plaintiff concludes that the defendant should pay him
the sum of one hundred and ninety-seven livres ten sols upon
which he has received the sum of one hundred livres; and there
remains ninety-seven livres ten sols which he asks that the said
Baron pay him without delay.
Whereupon the parties came to an agreement.
Francois Gerosme, Plaintiff, vs. Joseph Biguier called Grosle
Defendant.
The plaintiff demands of the defendant sixty-three grooved
posts* for a cabin which the said defendant borrowed from the
wife of the said Gerosme; and he says that he ought to return to
him some^ of the same length and thickness, and pay costs and
charges.
The said Grosle answered that he owed no wood to the said
Gerosme and that he had no business with him; that it was his
son who had borrowed the wood and he could settle with him.
286 ILLINOIS HISTORICAL COLLECTIONS
intervenil michel peltier lequel apres sermant par luy fait a dit que
le fils de grosle luy avoit dit quil avoit Eu de la veuve giroux du
J B H LaCroix pr std.
bois p'' finir Sa maison Et quil devoit En rendre p^ finir la maison
de ladite veuve jusques a son quarre sur quoy a deffaud de preuves
sufisantes la Cour a renvoye les parties a Se pourvoir pardevant
m^ girardin command^ a la prairie du pont Et magistra pour
aranger Les parties.
B^^ CHARTRAN demandeur contre pierre troge
le demandeur reclame la somme de deux cent Cinquante livres
a luy duee par pierre troge s* son Billet Echu et aux frais Et depens.
le defPendeur a dit navoir point de quoy payer quil ofroit de payer
et demdoit [sic] Credy jusquapres la recolte Et donneroit Cotion.
Sur quoy la Cour a accorde aud* troge delais jusqua lundy
prochain pour avoir le temps de vendre sa jument p'" payer faute
de quoy ladite jument sera saisie et vendue pour payer le demand-
eur et au Cas quelle ne suffise pas Sera Saisy de Ses autres meubles
p^ finir de payer condamnons troge aux frais qui seront avances et
payez par led* Chartran.
Le S^ courtois demandeur contre francois Renousse deffendeur
Le demandeur reclame la somme de Cent vingt livres Suivant
Son Billet Echus. a lui due par francois Renousse Et aux frais Et
depens.
Led* francois Renousse a dit navoir point de quoy payer
actuellement. la Cour a Condamnd Le deffendeur a payer si mieux
il naime sengager pour payer au prix du Cour des autres condam-
nons led* Courtois aux frais.
La Cour est ajournee au premier juin 1787.
J B H LaCroix prsdt.
^ At the bottom of the page and evidently signed by accident.
2 Quarr6 or carre means all that square part of the house below the roof.
COURT RECORD, MAY, 1787 287
Now intervened Michel Pellctier who, after taking oath, said that
the spn of Grosld had said to him that he had obtained from the
J. B. H. LaCroix, Pres.^
widow Giroux some wood to finish his house; and that he was to
return some to finish the house of the said widow up to the roof .^
Whereupon the Court in default of sufficient proofs dismissed the
parties to sue before M. Girardin, commandant and magistrate at
Prairie du Pont, who will adjust the difficulty between them.
Bte. Chartran, Plaintiff, vs. Pierre Troge
The plaintiff lays claim to the sum of two hundred and fifty
livres due him by Pierre Troge according to his note, which is
due, with costs and charges. The defendant said that he did not
have the means to pay, that he offered to pay and demanded
credit until after harvest and would give surety.
Whereupon the Court granted the said Troge delay until
Monday next to have time to sell his mare in order to pay; in
default of which the said mare shall be seized and sold to pay
the plaintiff, and in case that is not sufficient there shall be seized
other goods to complete the payment. We condemn Troge to
pay the costs, which shall be advanced and paid by the said
Chartran.
M. CouRTOis, Plaintiff, vs. Francois Renoux, Defendant.
The plaintiff lays claim to the sum of one hundred and twenty
livres according to the note, fallen due, which is owed him by
Francois Renoux, with costs and charges.
The said Francois Renoux said that he did not have means to
pay at present. The Cofirt condemned the defendant to pay, un-
less he prefers to bind himself out for the payment at the current
wage. We condemn the said Courtois to pay the costs.
The Court adjourned to the first of June, 1787.
J. B. H. LaCroix, Pres.
288 ILLINOIS HISTORICAL COLLECTIONS
a une Cour tenue Extraordinairement le Sept de May mil sept
cent quatre vingt sept.
M""^ Jean B*^ LaCroix presidant Louis Chatel
ant. girardin Math. Saucier
Joseph Lapens^e magistra
Entre Jacob groot demandeur contre Jaques Piquet habitant
du grand Ruisseau deffendeur
Declaration dud* Jacob groot
a dit que lundy dernier trente davril il Etoit dans Son champ
avec Sa femme a travailler. que Son fils aine Etoit venu a luy pour
luy dire que Lenfant de M^ piquet avoit Ete mordu par un Chien
au visage que un instant apres il est venu a leur fort avec Sa femme
p^ voir lenfant que sa femme luy avoit dit quil feroit Bien de man-
ger un morceau Et quapres il iroit voir lenfant. que En entrant
dans le fort il a entendu dire par des femmes ou. denfans dont il
nest pas certain que Setoit Son Chien qui avoit mordu lenfant, que
apres avoir mange luy et sa feme ont voulu sortir pour aler voir
lenfant que sortant de Sa porte il a vu le S'* piquet avec Sa Carabine
a la main, que le S^ piquet les voyant sest arrete tout cour avec le
feu dans le Visage et Changeant de Couleur deux ou trois fois,
Enfin tramblant de Colere il a prononce que Croyez vous faire
avec votre Chien, le S^ groot a repondu quil ne savoit point mais
que si Setoit juste que Son Chien Eu merite la morte quil le feroit
tuer, led* piquet luy a repondu si vous le tuez cela mevitera la
peine de le tuer Et dans 1 instant Setant retourne il a apercu le Chien
Et la Blesse avec Sa Carabine dont il est mort quelques jour apres,
le S^ piquet a reste ou il a tire le Chien Et a recharge Sa Carabine,
la Femme du Deposant voyant cela a Sorti a la porte pour faire
Entrer Ses enfans dans Sa maison. Et a dit que le — vous con-
fonde pour quoy navez vous pas tues le Chien Roide Et pourquoy
cette Garce de femme qui demeure ches vous n'a telle pas fait
rester Ses Batard a la maison Et que si Ses Enfans avoient Etez
1 In the session of March 7, 1789, p. 362 the names Piquet and Piggott are used to desig-
nate the same man.
2 Several American families lived in a common block-house at Grand Ruisseau. The
houses of the several families were situated within the stockade, and the scenes here described
by the different Avitnesses shift from one of the private houses to the open court. For an
account of Grand Ruisseau, see Introduction, pp. cxxii., cxlviii.
COURT RECORD, MAY, 1787 289
At a Court meeting in special session, May 7, 1787.
MM. Jean Bte. LaCroix, President. Louis Chatel.
Ant. Girardin. Matthieu Saucier.
Jos. Lapanc^. Magistrates.
Jacob Groot, Plaintiff, vs. James Piggott, inhabitant of Grand
Ruisseau, Defendant.^
Declaration of the said Jacob Groot.
Said that on Monday last, the thirteenth of April, while he
was in the field with his wife working, his oldest son came to
him and said that the child of M. Piggott had been bitten in the
face by a dog; that a moment after he went to the blockhouse^
with his wife to see the child; that his wife had said to him that
it would be better to have something to eat; and after that he
might go to see the child. On entering into the blockhouse he had
heard some women or children, he is not certain which, say that
it was his dog which had bitten the child; that after having eaten,
he and his wife wished to go out and see the child; that after he
went out of his door he saw M. Piggott with his rifle in his hand;
that M. Piggott upon seeing them stopped short with fire in his
eyes and changed color two or three times, and finally trembling
with anger uttered: ''What do you intend to do with your dog ? "
M. Groot answered that he did not know; but that if it was true
that his dog had merited death, he would have him killed. The
said Piggott answered: "If you kill him that will spare me the
trouble of killing him", and at the same moment turning around
he saw the dog and wounded it with his rifle so that it died a few
days after. M. Piggott stopped where he shot the dog and re-
loaded his rifle. The wife of the deponent, upon seeing that,
went out of the door to make her children enter the house, and
she said, "May the confound you! Why didn't you kill
the dog stone dead, and why didn't that hussy of a woman who
lives at your house make her bastards remain in the house? If
her children had been legitimate, God would not have punished
her in this fashion," Groot upon seeing that took his wife by
the hand and made her sit on a chair. He deposes that Piggott
answered: "God damn you! You call my children bastards,
290 ILLINOIS' HISTORICAL COLLECTIONS
legitimes que dieu ne Lauroit pas punie de cette faf on, que groot
voyant cela a pris Sa femme par la main et la faite assoir Sur une
Chaise, que piquet avoit repondu que dieu vous damne, vous
apelez mes enfants Batard jenveroy votre ame En Enfer, il a
Entr^ dans la maison avec Sa Carabine a la main En tramblant
m^ groot luy a dit de ne pas Entrer avec Sa Carabine dans la
maison et de penser a ce quil vouloit faire Et de metre Sa Carabine
En dehor de la porte le priant pour lamour de dieu de ne pas les
tuer dans Sa maison, piquet a repondit adressant la parole a la
fe[mm]e du deposant dieu vous damne jenveroy votre ame a
leternit^. En disant ces propos Piquet avoit Sa Carabine la
Crosse apuyee sur le coste droit avec une main sur la platine Et
lautre sur le Canon, le Bout tourn^ Sur le Sain de M^^ Groot, que
luy deposant a Entendu les ressort de la Carabine faire du bruit
mais quil nest pas sur sil a rat^ Et dans linstant quil a entendii
Craquer les ressorts de la Carabine piquet Setoit retourn^ Et a
pris Sa Corne et a Ramorc^ de frais Sa Carabine, luy deposant
luy a dit p^ lamour de dieu de ne pas tuer Sa femme et de prendre
garde a ce quil aloit faire Et de Sortir, dieu vous damne Sacr^
Coquin Bien Souvant vous mavez afrontd je vous serviray de
meme. En disant cela piquet a tourne la teste du cost6 de la porte
et a apercu un homme qui est le S^ Izaac West assis dans Sa porte
qui Etoit vis a vis la porte de luy deposant. Et que avant de
tourner la teste il avoit leve sa Carabine et avoit present^ le Bout a
luy deposant quaussitot quil a apercu West il abaisse sa Carabine
Et a sorty de la maison Et a pris le Chemin de Sa maison. Et luy
deposant layant suivy. et luy a dit Croyez vous que cela merite
Satisfaction, si vous le croyez metez votre carabine a part,
mais que piquet navoit pas voulu. quil luy avoit repondu que de ce
moment jusques au soir je penseray a ce que je feray. que voyant
quil Etoit En danger de Sa vie luy et sa femme ne pouvant pas
sortir de Sa maison Sans En craindre les suites il etoit venti pour
en demander justice a la Cour. qui est tout ce quil a a dire que
cest la pure verite. Jacob groot.
avons fait paroitre led* jaques piquet lequel a dit que Son
intention Etoit de tuer le Chien Si m^ groot ne prenoit pas sur luy
COURT RECORD, MAY, 1787 291
I will send your soul to Hell." He entered the house with his
rifle in his hand, all in a tremble. M. Groot told him not to enter
the house with his rifle and to think what he was going to do and
to put his rifle outside the door; and he prayed him for the love
of God not to kill them in his house. Piggott responded in ans-
wering the words of the deponent's wife: "God damn you!
I'll send your soul to eternity." While saying these words Pig-
gott had his rifle with the butt supported on his right side with
one hand on the screw-plate and the other on the barrel, and the
end pointed toward the breast of Madame Groot; and he,
the deponent, heard the spring of the rifle make a noise, but he
is not sure that there was a flash in the pan, and at the moment he
heard the spring of the rifle crack, Piggott had turned and taken
his horn and primed his rifle anew. He, the deponent, told him
for the love of God not to kill his wife and to take care what
he was going to do and to go out. " God damn you, you damned
rascal, you have attacked me often enough, I wiU serve you
the same way." In saying that Piggott turned his head toward
the door and saw a man, M. Isaac West, seated in his doorway
which was opposite the deponent's door ; and that before turning
his head he had raised his rifle and aimed at the deponent; that
as soon as he perceived West, he lowered his rifle and went out
of the house and started for his house; and that he, the deponent,
followed him and said to him : ''Do you believe that this deserves
satisfaction? If you believe it, put your rifle down." But Pig-
gott was not willing. That he had answered him: ''From now
till evening I will think of what I shall do. " That he, the depon-
ent, seeing that he and his wife were in danger of their lives and
that they could not go out of their house without fear of the con-
sequences, he had come to demand justice of the Court. This
is all that he has to say and it is the simple truth.
Jacob Groot.
We summoned the said James Piggott, who said that his in-
tention was to kill the dog, if M. Groot didn't take it upon him-
self to kill it; that there came a woman of the neighborhood who
told him that Groot was not two hundred paces from his house,
292 ILLINOIS SISTORICAL COLLECTIONS
de le tuer. quil est venu une de ses voisines qui luy a dit que groot
netoit pas a deux cent pas de Chez luy lorsque le Chien a mordti
son Enfans quil a Ete Environ deux heures a venir que le Chien a
meme emport^ un morceau du nez de lenfant. que groot Etant
arrive ches luy il y a Ete pour voir ce quil vouloit faire de Son
Chien que groot luy avoit repondii quil etoit juste que Son Chien
meure puisquil avoit mordu Son Enfan quil avoit deja averty groot
que Son Chien avoit mordu deux ou trois personnes avant celui
ci que cette fois netoit pas a disputer. que lors quil a tire le Chien
il la apelle En dehor du fort et quil la Blesse. que y ayant quelques
enfans dehors ils ont ouvert la porte du fort le Chien ayant Rentrd
il a Charge Sa Carabine pour la chercer de tuer. que Etant a la
porte du fort il a rencontre madame groot qui lui a fait Beaucoup
de reproches davoir blesse le Chien. que dans le tems il netoit
pas Beaucoup en situation de donner Satisfaction a madame groot
quil luy a dit achevez le Detuer vous meme, que Son intention
Etoit toujours de le tuer, quil Croyoit que le Chien etoit entre ches
son maitre, quil y Etoit Entre pour le faire sortir et p^ iinir de le
tuer. que si groot navoit chasse le Chien que son intention Etoit
de le tuer luy meme dans la maison, sans faire tor a personne. que
madame groot luy ayant dit de mauvais paroles En parlant et luy
reprochant Ses Batard, il luy avoit dit que Son caractere Etoit
meilleur que le Sien quil avoit dit a madame groot quelle
Etoit une Sacree Salope et quil enveroit Son Caractere En
Enfer, que lors quil avoit dit cela M^ groot et sa femme
avoit compris la Chose tout autrement Et quil setoient imaginez
voyant Sa carabine quil avoit Envie de les tuer quil avoit mal
Compris la Chose, quil Croit Sans en Etre Bien sur que jean
solivant Etoit la plus grande partie du tems a la porte. quil na
jamais manace m^ groot ni personne de sa famille de leur faire
aucun tor que ce na jamais Et6 Son intention, qui est tout ce
quil a a dire.
avons fait venir Izaac West temoins produit par le s^ groot
lequel apres sermant par luy fait de direlaverite a dit que lors que
le Chien a mordu lenfant quil Etoit dans Son champ et quil a arriv^
comme piquet sortoit de La maison de groot p^ tirer le Chien quil
COURT RECORD, MAY, 1787 293
when the dog bit the child; that he had been about two hours in
coming; that the dog had bitten off a piece of the child's nose;
that when Groot arrived at his house, he went there to see what
Groot was willing to do with his dog, and that Groot had answered
that it was just that his dog should die, since it had bitten his
child; that he had already notified Groot that his dog had bitten
two or three persons before this one; that this time was not to be
disputed; that when he shot the dog, he called it outside the
blockhouse, and that he wounded it; that there were some chil-
dren outside and they had opened the door of the blockhouse,
and that when the dog entered, he loaded his rifle to try to kill
it; that when he was at the door of the blockhouse, he met Madame
Groot who reproached him severely for having wounded the dog;
that at the time he was not able to give satisfaction to Madame
Groot; that he had said to her, "Finish killing it yourself;" that
his intention was to kill it and that he believed that the dog had
entered into its master's house; that he had entered there to drive
it out and finish killing it; that if Groot had not chased the
dog out, that it was his intention to kill it himself in the house
without harming anybody; that Madame Groot had used bad
words in speaking to him of it and in throwing his bastards in
his teeth. He had said that his character was better than hers;
and he had said to Madame Groot that she was a damned slut
and he would send her character to Hell. He says that when
he had said that, M. Groot and his wife had understood the thing
quite differently, and that the former had imagined, because he had
his rifle, that he wanted to kill them; that Groot had badly under-
stood the thing; that he believed, without being very sure of it, that
John Sullivan was most of the time at the door; that he never
threatened to do any harm to M. Groot or any one of the family;
that it was never his intention; which is all he has to say.
We summoned Isaac West as witness produced by M. Groot,
who after taking the oath to tell the truth, said that when the dog
bit the child, he was in his field, and that he arrived as Piggott
was going out of Groot's house to shoot the dog; that Piggott called
the dog out of the door of the blockhouse, where he shot it; that
294 ILLINOIS HISTORICAL COLLECTIONS
a apell6 le Chien hor de la porte du fort, ou il la tird. que luy de-
posant a dit a piquet pourquoy il navoit pas tir^ le Chien, que pi-
quet lui a repondti j'ay assez de satisfaction a present Et je n'ay
pas voulu le tuer. que piquet ayant recharg^ sa Carabine a Et^
dans la maison de groot. que luy deposant Etoit assis a Sa porte
vis a vis celle de groot quil a vH Seulement que piquet avoit sa
Carabine dans Ses mains Elev^e Et En faisoit plusieurs mouve-
ment Et entendoit parler avec force, mais quil na p<i distinguer
ce qui se disoit, Et quil Croyoit a tout moment Entendre tirer la
Carabine que luy meme En Etoit hors de luy meme par la fureur
dud^ piquet quil croyoit reelement que piquet aloit tuer quelq'un
que apr^s tous Ses mouvement il a vu piquet Se retourner Et
ouvrir la baterie de Sa Carabine Et verser la poudre dans le Bas-
sinet Et la morcer tout de frais. Et quapres quil a Eu amorc^ la
carabine il a Entendu quelque parole quil na pti comprendre et
que piquet a sorty tout de suite, ajoute En outre que lors que
piquet a Ete sorty que groot la suivy et quil luy a dit par lafront
que vous mavez fait detre venu ches moy avec votre carabine metez
la par terre et nous alons nous donner satisfaction, mais que
piquet avoit refusd, que groot avoit dit puisque vous ne voulez pas
je vais voir ce que je feray dicy a ce soir. qui est tout ce quil
a dit savoir. lecture a luy faite de Sa declaration a dit Contenir
verity y a persiste et a Sign^.
Isaac West.
Veu par la Cour assembl^e les declarations cy dessus Ensemble
la deposition du temoin Izaac verst ladite cour a ordonne et or-
donne que led* jaques piquet donnera Bonne et suffisante caution
a la satisfaction et demande dud* Jacob groot qui repondra par Sa
personne et Ses Biens de tous les tor mal fait cele prejudice Et
atantats que led* jaques piquet pouroit Exercer tramer ou induire
sur la vie dud* groot de celle de Sa femme Et de Sa famille ainsy
que de tous Ses autres Biens dont ladite Caution Solvable Sera
Recue pardevant M'" Robert Wach commandant dud* lieu du
grand Ruisseau a la satisfaction dud* groot auquel dit M^ Wach
nous enjoignons de donner la main a lexecution de notre presente
sentence Et de nous en informer condamnons les parties a
COURT RECORD, MAY, 1787 295
he, the deponent, asked Piggott why he had not killed the dog
and that Piggott answered: "I have sufficient satisfaction now
and I did not wish to kill it;" that Piggott had reloaded his
rifle and was in Groot's house and that he, the deponent, was
seated at his door opposite Groot's; and that he only saw
that Piggott had his gun raised in his hands and was making
several movements with it and he heard words of violence, but
he could not distinguish what was said; and that he expected
to hear the gun fired at any moment; that he was beside himself
on account of the fury of the said Piggott; that he really believed
that Piggott was going to kill some one; that after all these move-
ments he saw Piggott turn, cock the hammer of his rifle and pour
powder into the pan and he reprimed it; and after he had re-
primed it, he heard some words which he could not understand,
and that Piggott went out immediately. He adds, furthermore,
that when Piggott went out, Groot followed him and said to
him: "Because of the insult you have done me in coming to my
house with your rifle, put it on the ground and we are going to
have satisfaction;" but Piggott had refused; that Groot had
said: "Since you are unwilling, I am going to see what I shall do
between now and evening," which is all that he said he knew.
Reading of his deposition was made to him and he said that it
contained the truth and persisted in it, and he has signed.
Isaac West. '
After consideration of the above affidavits, together with the
deposition of the witness, Isaac West, by the assembled Court,
the said Court decreed and does decree that the said James
Piggott shall find good and sufficient surety to the satisfaction
and demand of the said Jacob Groot, and that the bondsman
shall be answerable in his person and his property for all wrongs,
malefaction, concealed tort, and criminal attempts, which the
said James Piggott may practise, plot or incite against the life
of the said Groot, of that of his wife and of his family, or
against his property, and for this the said solvent bondsman
shall be received before M. Robert Watts, commandant of the
said place of the Grand Ruisseau, to the satisfaction of the said
296 ILLINOIS taSTORICAL COLLECTIONS
payer Chacun la moiti^ des frais Suivant le memoire qui sera
produit par le grefier donn^ en Cour le huit may mil sept Cent
quatre vingt sept.
[Signed]
a* Girardin mth Saucier
marque de marque de
+ +
Louis Ghatel Joseph lapens^e
Labuxiere grefier J B H LaCroix prsdt.
a une Cour du premier juin mil sept Cent quatre vingt Sept.
M^^ francois Saucier, antoine girardin, philipe angel, B*® Sau-
cier, Charles ducharme, Mathieu saucier Et pierre Laperche ont
fait le Sermant doffice En qualite de magistrat p'" la Nouvelle
Nomination.
a la meme Cour
Thorn Bredy a fait pareillement sermant doffice pour la Charge
dhuissier de la Cour.
a la meme Cour
JEAN B^^ DUMAY dcmandeur contre Le S^ myer Michaels def-
fendeur
Le demandeur reclame vingt pots dhuille quil a ches le s^ myer
michaels.
Le deffendeur replique que led^ dumay luy doit une somme dar-
gent quil offre de luy remetre son huile En payant ce quil luy doit
par son Billet En argent.
La Cour a ordonne que le s^ maher gardera Ihuille en deduc-
tion de ce quil luy est dub par le demandeur a raison de Cinq
livres le pot prix du Cour, sauf aud^ dumay den remetre le mon-
tant en argent au deffendeur condamne dumay aux frais.
a la meme Cour.
Sur une demande formee par le S^ pierre Laperche p^ obtenir
une saisie sur deux Chevaux quil a dit apartenir au Nomme Chate-
1 Piggott offered on May i8th the persons of Thomas Wine and Benjamin Rogers as
bondsmen. ^Chi. Hist. Soc, Cah. Rec.
COURT RECORD, JUNE, 1787 297
Groot and we enjoin the said M. Watts to see to the execution of
our present sentence and to inform us thereof. We condemn the
parties to pay each the half of the costs according to the memoran-
dum which will be furnished by the clerk. Given in Court the
eight of May, seventeen hundred and eighty seven. ^
[Signed]
Ant. Girardin. Mt. Saucier.
Mark of Mark of
+ +
Louis Chatel. Joseph Lapanc6.
Labuxiere, Clerk. J. B. H. LaCroix, Pres.
At a Court, June ist, 1787.
MM. Francois Saucier, Antoine Girardin, Philippe Engel,
Bte. Saucier, Charles DuCharme, Matthieu Saucier and Pierre
Laperche have taken the oath of office as magistrates by the new
election.
At the same Court.
Thomas Brady has taken a like oath of office as huissier of
the Court.
At the same Court.
Jean Bte. Dumay, Plaintiff, vs. M. Myer Michaels, De-
fendant.
The plaintiff claims twenty jugs of oil which he has at the house
of M. Michaels.
The defendant answers that the said Dumay owes him a
sum of money, and that he offers to return his oil if he pays that
which is owing to him on his note in money.
The Court decreed that M. Michaels shall keep the oil which
shall be deducted from that which is due him by the plaintiff
at the rate of five livres the jug, which is the current price, re-
serving the right to the said Dumay to return the amount in money
to the defendant, and condemned Dumay to pay the costs.
At the same Court.
On a petition drawn up by M. Pierre Laperche to obtain an
attachment on two horses, which he said belong to the named
Chatelrau, at present in possession of M. Mailhet at Cahokia,
298 ILLINOIS* HISTORICAL COLLECTIONS
lerau Entre les mains du s^ mailhet aux Cahos. Et sur le sermant
dud* mailhet Et du S'^ Champlin que les chevaux n'apartenoit pas
aud* chatelerau Nous avons \ev6 la saisie sauf aud* s^ p'"^ laperche
a Se pourvoir sur les autres Biens dud* Chatelerau.
La Cour est ajourn^e au i®^ juillet prochain.
f saucier,
a une Cour tenue Extraordinairement le treize juillet mil Sept
Cent quatre vingt Sept.
M'"^ francois Saucier Presidant Charles ducharme
Atoine [sic] Girardin Mathieu Saucier
B*® Saucier pierre Laperche
Philipe angel
Entre Le S^ Louis Lorimier demandeur contre Le S^ jean
DUMOULiN deffendeur
Veu la requete presentee a la Cour par le s^ Louis Lorimier ten-
dante a vu des domagement pour les saisies qui ont Ete faites a
S*^ genevieve et aux Cahos par m'' hugues yourd et celle faite aux
Cahos par m^ dumoulin charge de la procuration dud* S^* hyourd.
ouy le le S^ dumoulin qui a dit que le s"" Lorimier Etoit Encore
Redevable a la societe Et quil Seroit a meme de se faire alouer les
des domagement, quil conviendroit que pour luy il netoit point
charge des affaires ny de la saisie qui avoit Et6 faite a S*® gene-
vieve avant sa procuration.
Sur quoy la Cour a renvoyd les parties a Se pourvoir devant des
arbitres quil voudront Choisir soit Sur lun ou lautre Rive pour
raison des demandes contenues En ladite Requete p^ le tout etre Ex-
amine par les arbitres decider ce quil avisseront Bon Etre ainsy que
p^ les frais et depens de justice delibere aux Cahos led* jour Et an.
[Signed]
B Saucier a* Girardin
DuCharme pierre Lapeche
Mt. Saucier f. saucier.
Phillipe Engel
Labuxiere grefier.
■1 Louis Lorimier was born in Canada in 1749, lived sometime on the Miami, Ohio, and
founded the post at Cape Girardeau, Missouri, in 1794. He was appointed commandant of
COURT RECORD, JULY, 1787 299
and on the oath of the said Mailhet and M. Champlin that the
horses do not belong to the said Chatelrau, we have raised the
attachment, reserving the right to the said M. Pierre Laperche
to sue on the other goods of the said Chatelrau.
The Court adjourned to the first of July next.
At a Court meeting in special session, July 13, 1787.
MM. President Francois Saucier Charles DuCharme
Antoine Girardin Matthieu Saucier
Bte. Saucier Pierre Laperche
Philippe Engel
M. Louis LorimierS Plaintiff, vs, M. Jean Dumoulin, De-
fendant.
In view of the petition presented to the Court by M. Louis
Lorimier, demanding damages for the seizures which have been
made at Ste. Genevieve and at Cahokia by M. Hugh Heward
and for that made at Cahokia by M. Dumoulin intrusted with the
power of attorney from the said M. Heward.
Heard M. Dumoulin who said that M. Lorimier was still in
debt to the partnership and that the latter should be able to have
the damages allowed, which he would agree to. As for himself
he was not intrusted with the business nor with the attachment,
which had been made at Ste. Genevieve before his attorneyship.
Whereupon the Court dismissed the parties to sue before
arbitrators, whom they shall choose from either side of the river,
in regard to the prayers contained in the said petition so that all
be examined by the arbitrators that they may decide what they
consider just as well as the costs and charges. Decreed at
Cahokia the said day and year.
[Signed]
B. Saucier. Philippe Engel.
DuCharme. At. Girardin.
Mt. Saucier. * Pierre Laperche.
F. Saucier. Labuxiere, Clerk.
the post by the Spanish government. He was a fur-trader, and gained great influence over
the Indians. He died June 26, 1812. — Rozier, Early SetUement of the Mississippi Valley,
170 et seq.
300 ILLINOIS HISTORICAL COLLECTIONS
a une Cour du deux juillet mil sept cent quatre vingt sept.
M^® fr saucier presidant philipe angel
ant girardin p'"® Laperche
charles ducharme
Robert Cahorn demandeur centre fr Gramont deffendeur
Le demandeur demande centre le deffendeur le pavement de
son billet Echus montant a la somme de trois cent huit livres en
argent payable En pelterie synifiee sur led* billet suivant les prix
y port^.
Le deffendeur a dit quil luy devoit quelque Chose Et quil
avoit un compte a produire quil navoit pas de quoy payer
actuellement quil offroit son Cheval. Et quil repetoit contre le
S'" cahorn neuf piastres pour le loyer dun Cheval et une piastre
p^ le loyer dune journee de son sauvage le tout formant Cin-
quante livres.
sur quoy la Cour a condamne led* gramont a payer son
Billet suivant son contenu Et ce sans delais a la deduction
des Cinquante livres quil repete a quoy led* Gramont sera Con-
traint Et condamne aux frais Et depens donne En Cour lesd*
jour Et an.
a la meme Cour.
Le S^ Wale demandeur contre Philipe gervais deffendeur
le demandeur demande contre le deffendeur le payment de Son
billet Echu montant a la somme de Cent quinze livres en argent
ou pelterie.
Le deffendeur a dit quil reconnoit led* billet mais quil
ne pouvoit le payer actuellement Et quil navoit pas de
quoy.
La Cour a condamne led* philipe gervais a payer le montant de
Son Billet Et aux frais et depens. donnd En Cour lesd* jour
Et an.
a la meme Cour.
Le S^ Wale demandeur contre antoine lamarche
defendeur
Le demandeur demande le payement de Son Billet de Soixante
quatre livres le deffendeur a offert de le payer sous ce mois icy
COURT RECORD, JULY, 1787 301
At a Court, July 2. 1787.
MM. Fr. Saucier, President. Philippe Engel.
Ant. Girardin. Pierre Laperche.
Charles DuCharme.
Robert Cahorn, Plaintiff, vs. Fr. Grandmont, Defendant.
The plaintiff brings suit against the defendant for the pay-
ment of his note, which has fallen due, amounting to the sum of
three hundred and eight livres in money payable in peltries
as declared on the said note, according to the prices stated
thereon.
The defendant said that he owed the plaintiff something and
that he had an account to produce; that he didn't have the
means to pay at present; that he offered his horse; and that he
claims from M. Cahorn nine piastres for the hire of a horse and a
piastre for a day's wage of his savage, the whole amounting to
fifty livres.
Whereupon the Court condemned the said Grandmont to pay
his note according to its content, after deducting the fifty livres
which he claims, and this without delay, to which the said Grand-
mont shall be constrained and condemned to pay cost and charges.
Given in Court the said day and year.
At the same Court.
M. Wale, Plaintiff, vs. Philippe Gervais, Defendant.
The plaintiff brings suit against the defendant for the payment
of his note, already matured, amounting to the sum of one hun-
dred and fifteen livres in money or peltries.
The defendant said that he acknowledged the said note,
but that he could not pay it now, and that he didn't have the
means.
The Court condemned the said Philippe Gervais to pay the
amount of his note with costs and charges. Given in Court
the said day and year.
At the same Court.
M. Wale, Plaintiff, vs. Antoine Lamarche, Defendant.
The plaintiff deniands the payment of his note for sixty-four
livres. The defendant offered to pay it during this month be-
302 ILLINOIS HISTORICAL COLLECTIONS
dicy a la Cour prochaine, la Cour a acordd ce delais du Con-
sentement des parties donnd lesd* jour et an.
La Cour est adjournee au i^^ aoust 1787.
fr. saucier, pres*^.
a une Cour du i®^ aoust mil sept cent quatre vingt Sept.
M'^^ fr. Saucier presidant p'"® Laperche
antoine girardin Philipe angel
Charle ducharme Mathieu Saucier
Entre lafemme Roch demanderesse contre Louis Lambert
deffendeur
La demanderesse reclame Son fils quelle a mis Ches le def-
fendeur jusqua lage de 18 ans aleguand que son fils Est Extropi^
dun Coup de hache c[uil est mal pensse Et negligd Et que les poux
et vermine le mange demandant que le deffendeur luy remette son
fils.
Le deffendeur a desnie le tout et a dit que led* Enfant Etoit
Bien signe Et quil En avoit tous les Soins possible.
La Cour renvoy laffaire devant M^ girardin p^ ex-
aminer sur les lieux la Verity des faits Et decider ce que de
Raison.
La Cour est ajournde au i*^ 7^^® 1787.
fr. saucier.
a une Cour du i®^ Septembre mil sept cent quatre vingt
Sept.
M™ fr saucier B*« Saucier
ant® girardin Math, saucier
philipe angel p^® Laperche
FRANCOIS gerosme dcmandcur Contre Joseph Biguier dit
GROSLE deffendeur.
Le demandeur repete la Somme de Cent livres quil dit etre
dub a sa femme restant de celle de deux Cent livres quil luy
devoit. Le deffendeur a repondu quil avoit pave par un compte
quil a produit Excedant ladite somme de Cent livres. dont
ledit Compte examine de la veu du demandeur il revien Cinq
livres au deffendeur p^ sa femme tous comptes deduit. la
Cour a condamn^ le demandeur a payer au deffendeur Cinq
COURT RECORD, AUGUST, 1787 303
tween now and the next Court. The Court granted this delay
with the consent of the parties. Given the said day.
The Court adjourned to August i, 1787.
At a Court, August i, 1787.
MM. Fr. Saucier, President. Pierre Laperche.
Antoine Girardin. Philippe Engel.
Charles DuCharme. Matthieu Saucier.
The woman Roch, Plaintiff, vs. Louis Lambert, Defendant.
The plaintiff claims her son, whom she placed in the house of
the defendant until he should be 18 years old, pleading that her
son is mained by a stroke of an axe, that he is badly fed and is
neglected, and that lice and vermin are eating him; and she
demands that the defendant should restore her son to her.
The plaintiff denied all and said the said child was well fed
and that he had all possible care.
The Court referred the cause to M. Girardin to examine on
the spot the truth of the facts and to decide what is just.
The Court adjourned to Sept. i, 1787.
Fr. Saucier.
At a Court, September i, 1787.
MM. Fr Saucier. Bte. Saucier.
Ant. Girardin. Math. Saucier.
Philippe Engel. Pierre Laperche.
Francois Gerosme, Plaintiff, vs. Joseph Biguier, called
Grosle, Defendant.
The plaintiff demands the sum of one hundred Uvres which he
says is due his wife being the balance of two hundred Uvres which
the defendant owed her. The defendant answered that he had paid,
according to an account which he exhibited, more than the said
sum of a hundred Uvres, by which said account, examined with the
acknowledgement of the plaintiff, there should be five Uvres
returned to him by the wife of the plaintiff, after all accounts are
deducted.
304 ILLINOIS HISTORICAL COLLECTIONS
livres. Et aux frais Et depens liquidez a vingt livres se qui
sera execute.
frais
p^ I ordre a Biguier 5 lb
I ordre a antaya 5
p^ Ihuissier qui a porte les 2 ordres. . . 10
p^ la sentence 5
251b
a la meme cour.
Le S'" Glamorgan demandeur Centre Le Nomme duchesnau
deffendeur
Le demandeur demande au deffendeur le payement dun
Billet de la Somme de Cent Soixante Cinq livres en pelterie a
luy transporte par louis Chateleraud. ledit billet Exibe a la
cour Echus. ouy le deffendeur qui a dit quil avoit deja offert
de payer mais que Ion navoit pas pu luy produire son billet ale-
quant quil Etoit perdu Et quil avoit deja donne un acompte au
S^ Labadie sur une Copie dud* billet par ordre de M^ Crouzat
Commandant de S* Louis, sur quoy la cour a Condamne le
deffendeur a payer au demandeur le montant de Son Billet sauf
Son rembourcement Sur le s'" Labadie qui Sera fait au S*" Gla-
morgan En acompte sur led* Billet, donne aux Cahos led* jour
jer ybre jygy.
La Cour est adjournee au i^^ 8^^^ 1787.
fr. saucier Presd*.
a une Cour du premier octobre mil Sept cent quatre vingt Sept.
M*"^ francois Saucier presidant. Philipe angel
ant^ girardin Charles Ducharme
B*e Saucier p^^ Laperche
Math. Saucier magistrats
Jean Bte Morel demandeur contre Ignace Chatigny deffendeur
Le demandeur a produit un compte a la charge du deffendeur
montant a la somme de dixhuit Cent Cinquante huit livres dix
sols En argent.
COURT RECORD, OCTOBER, 1787 305
The Court condemned the plaintiff to pay five livres to the
defendant and costs and charges which are set at twenty [twenty-
five ?] livres, for which there will be execution.
Costs.
To I order to Biguier 5 lb
I order to Antaya 5
To huissier who carried the orders .... 10
To the judgment 5
25 lb
At the same Court.
M. Clamorgan, Plaintiff, vs. the named Duchesnau, De-
fendant.
The plaintiff demands of the defendant payment of a note for
the sum of one hundred and sixty-five livres in peltries assigned
to him by Louis Chatelrau., The said note, already due, was
exhibited to the Court. Heard the defendant who said that he
had already offered to pay; but that they had not been able to
produce his note, alleging that it was lost; and that he had already
paid an installment to M. Labadie on a copy of the said note by
order of M. Cruzat, commandant at St. Louis. Whereupon the
Court condemned the defendant to pay to the plaintiff the
amount of his note, saving his reimbursement by M. Labadie,
which shall be paid to M. Clamorgan as an installment on the
said note. Given at Cahokia the said day, September i, 1787.
The Court adjourned to October i, 1787.
Fr. Saucier. Pres.
At a Court, October i, 1787.
MM. Francois Saucier, President. Philippe Engel
Ant. Girardin Charles DuCharme
Bte. Saucier Pierre Laperche
Matt. Saucier Magistrates
Jean Bte. Morel, Plaintiff', vs. Ignace Chatigny, Defendant.
The plaintiff exhibited an account charged to the defendant
amounting to the sum of eighteen hundred and fifty-eight livres
ten sols in money.
3o6 ILLINOIS filSTORICAL COLLECTIONS
Le deffendeur ayant contests plusieurs articles relatif au
commerce quils ont fait a Kumberla Et dans leur voyage que la
Cour na pas Eclairier et quelle ne Croit pas pouvoir decider plaine-
ment. EUe Renvoy les deux parties a Se Nommer chacun un
arbitres pour decider de leur contestations depens reservez
jusques a la sentence arbitrale qui sera homologud par la
Cour.
La Cour est ajoum^e au 2. 9^^^ 1787.
fr. saucier Presid*.
a une Cour du 2. 9^^"^ 1787.
M" frs Saucier presidant philipe angel
antoine girardin mathieu Saucier
a la dite cour a Et6 homologud Et Ratifier la Nomination Et
Election dune Cour a la belle fontaine Et officier de milice com-
prenant les habitants recident [?] De la Riviere de Laigle.
En se Conformant a la decizion de la Cour. du i^^ octobre
dernier.
a la meme Cour.
Nicolas Schemitz a fait Sermant dofice de juge a paix p^ le
grand Ruisseau.
a la meme Cour William Biggs a fait Sermant doffice p^ juge
a paix a la Belle fontaine.
a la meme Cour.
Le S^ arondel demandeur Contre Joseph Vaudry son Engage
Le demandeur a presente une requete portant que le deffendeur
son Engage cherche a le quiter quil requiere que led* vaudry
luy payd quatre cent quarante quatre livres quil luy doit Et de
luy fournir un homme capable de le remplacer. ou quil Continue
son voyage Sous une Caution suffisante Sur quoy led* vaudry
a repondu quil Etoit trop mecontent de la societe mais quil ne se
plaignoit pas du s^ arondel Et quil ne vouloit plus rester sur quoy
la cour a Condamne led* vaudry a payer la somme ici dessus p^
1 See Introduction, p. cxlix.
2 William Arundel was an Irish merchant from Canada. He resided at Peoria for a time,
then moved to Cahokia and later to Kaskaskia, where he died in 1816. — Rejmolds, Pioneer
History, 102.
COURT RECORD, NOVEMBER, 1787 307
The defendant having disputed several articles relative
to the business which they had made in Cumberland and
on their journey, which the Court was not able to clear up
and which it believes itself unable to decide completely, the
Court dismissed the two parties to name each an arbitrator
in order to decide their disputes, costs being reserved until
the verdict of the arbitrators, which will be confirmed by the
Court.
The Court adjourned to November 2, 1787.
Fr. Saucier Pres.
At a Court, November 2, 1787.
MM. Fr. Saucier, President Philippe Engel.
Antoine Girardin. Matthieu Saucier.
At the said Court was confirmed and ratified the nomination
and election of a court at Bellefontaine and an officer of militia
which includes the inhabitants residing on the Eagle River, in
conformity with the decision of the Court of the ist of October
last.
At the same court.
Nicolas Smith made oath of office as justice of peace for the
Grand Ruisseau.
At the same Court William Biggs took the oath of office as
justice of the peace at Bellefontaine.^
At the same Court.
M. Arundel,^ Plaintiff, vs, Joseph Vaudry, his employ^.
The plaintiff presented a petition, which declares that the de-
fendant, his engag^, is seeking to leave him and he prays that the
said Vaudry pay him four hundred and forty-four livres which
he owes and furnish the plaintiff a man capable of replacing
him, or that he continue his journey under sufficient bond.
Whereupon the said Vaudry answered that he was too discon-
tented with the company; but that he did not complain of M.
Arundel; and that he did not wish to remain longer. Where-
upon the Court condemned the said Vaudry to pay the above
sum for his account and to furnish a man in his place to the
said M, Arundel, and ordered that he be held in prison until he
3o8 ILLINOIS ^HISTORICAL COLLECTIONS
son compte Et a fournir un homme En sa place aud* S'" arondel
et tiendra prison jusqua ce quil a y trouve caution suffisante Et
le condamnons aux frais Et depens.
La Cour est ajournee au i^^ decembre prochain.
fr. saucier
Du 12. 9^^^ iy87_
a une Cour tenue Extraordinairement.
M™ fr Saucier presidant B*^ Saucier
ant, girardin Math, saucier
Philipe angel Et p^^ Laperche
Le S^ JEAN B*^ LaCroix au Nome Et Comme fond^ de la
procuration de P^® Lafleur Et de celle de Thom Brady huissier
demandeur Contre
La Succession de deffunt augustin dubuq.
ouy led* S^ jean B*^ LaCroix p^ led* pierre Lafleur concluand
a ce que la Sucession de deffunt augustin dubuque luy paye les
domage quil luy a Cause par un baril de poudre qui a fait sauter
Sa maison la perte de Ses meubles les pensements du Chirugien
tant p^ luy que pour sa femme Blesse dangerusem* loger de sa
maison et autres domages quil soufre Le tout examine et la Cour
ayant plaines Connoissance de la maison qui a Saute par les de-
positions des temoins. La Cour a ordonne et ordonne que la
Sucession dud* s^ dubuque payera priviligierement la maison le
prix quelle a Coute. qui est de Seize Cent livres En argent quil
sera fait un Etat sermante par led* lafleur des Effets Et meubles
quil a perdu et qui se sont trouvez Casses dans sa maison
qui a Saute, par deux arbitres Nommez par la Cour qui presteront
sermant p^ leur estimation etre pay6 par ladite Sucession, quil
luy sera paye le memoire du Chirugien tant pour luy que p^ sa
femme jusqua parfaite guerison, quil luy sera aloue p^ ses journees
depuis que sa maison a Saute Et p^ pertes du son tems la somme
de trois Cent livres. Et p^ tout loyers de maisons. Et autres
repetitions la somme de Cent Cinquante livres une fois paye au
1 If the arrest was for debt instead of for the desertion, this is the first case of _ such
imprisonment in the Record. It was due to the increasing influence of the Americans.
French law did not permit imprisonment for debt to a private person except for special
causes, and then only after a lapse of forty days after the rendering of judgment. — Ordi-
nance of Louis XIV., April, 1667, in Isambert, Anciennes lois franfaises, xviii., 172.
COURT RECORD, NOVEMBER, 1787 309
has found sufficient surety therefor^; and we condemn him to
pay the costs and charges.
The Court adjourned to the ist of December next.
Fr. Saucier
' November 12, 1787.
At a special session of the Court.
MM. Fr. Saucier, President. Bte. Saucier.
Ant. Girardin. Matt. Saucier.
Philippe Engel. and Pierre Laperche.
M. Jean Bte. Lacroix, attorney of Pierre Lafleur and of
Thomas Brady, Huissier, plaintiff,
vs.
the Estate of the deceased Augustin Dubuque.
Heard the said M. Jean Bte. Lacroix, for the said Lafleur, who
concludes that the estate of the deceased Augustin Dubuque
should pay him for the damages which Dubuque caused by a barrel
of powder which blew up his house, for the loss of his personal
property, and for the dressing of the wounds by the surgeon
not only his own but those of his wife who was dangerously
injured, and for the rent of his house and for other damages,
from which he suffers. After all was examined and the Court had
complete knowledge of the house, which was blown up, from
the testimony of witnesses, the Court decreed and does decree
that the estate of the said M. Dubuque shall pay by preference
its cost price, sixteen hundred livres in money; that there shall
be made a sworn statement by the said Lafleur of the goods and
chattels, which he lost, and an appraisal of those which are bro-
ken in his house, which was blown up, by two arbitrators named
by the Court, all of which is to be paid by the said estate; that
there shall be paid the bill of the surgeon as well for his as for his
wife's care until their perfect cure; that there shall be allowed him
for his day's wages, for the loss of his time since his house was blown
up, the sum of three hundred livres, and for all rent of houses and
other claims the sum of one hundred and fifty livres, in full satis-
faction for all damages up to the present time. The said house
3IO ILLINOIS •HISTORICAL COLLECTIONS
moyen du present des domagement la dite maison sautee avec
tous Ses materaux Et terain Et tout ce qui y est atache a la reserve
des Clostures que lafleur En levera, Resteront p^ le compte de la
sucession dud* s^ dubuque Et quand au Regard de thorn Bredy
la Cour luy aloue sur la dite sucession dix livres par jour pendant
deux mois a compter du jour que la maison a Saute Et le paye-
ment des hardes quil avoit sur le Corp lors quil a saut^ au dire
dexpert Et En outre les frais du chirugien pensement traite-
ment Et medicament p^ tous des domagements Condamne la Suces-
sion En tous les frais de present extraordinaire ce qui sera Exe-
cute Et permis aux dits demandeurs de prendre En acompte ou
p^ tout sil le jugent a propos des effets a lencan de la suc-
cession lors que la vente sen sera au plus offrant et dernier
Encherisseur donne En Cour led* jour 12.9^'"^ 1787.
[Signed] a* Girardin pierre Laperche
Phillipe Engel mth Saucier
B Saucier f. saucier
Labuxiere grefier
a une Cour du i^^ decembre 1787.
M""^ fs. Saucier presidant
ant girardin Math. Saucier
Philipe angel p'"^ Laperche
B*^ saucier
M^ ant^ Reilhe sest presente a la Cour comme fonde de pro-
curation du s^ pierre Gamelin Creancier de defifunt augustin
dubuque Comme dernier Equipeur Suivant les pieces quil a
produit a la dite Cour. Et Sa requete du 9.9^^^ dernier apointee
par M^ saucier presidant.
La Cour ayant murement Examine EUe a rectie le s^ Reilhe en
sa dite qualite au Nombre des Creanciers de Canada. Et a decide
Et decide que toutes les debtes cr6es aux cahos Et sur cette partie.
1 The settlement of the estate of Augtrstin Dubuque occupies the attention of the Court
for many sessions. See pp. 313, 323, 37i, 375, 378, 393,429. 5i3- Dubuque was a trader from
Canada and was probably from the same family as Julien Dubuque, the first settler in what
is now Dubuque, Iowa. — Tass^, Les Canadiens de I'ouest, i, 239. From the records of the
various cases against his estate, it appears that Augustin Dubuque died on November 8, 1787,
from the effects of an explosion of a keg of gunpowder. His wife, Archange Pratte, was living
in Canada at the time of the accident, and in later cases her rights in the estate were carefully
safeguarded by the Court.
COURT RECORD, DECEMBER, 1787 311
which was blown up with all its materials and land and all that
which is attached to it, with the exception of the fences which
Lafleur shall clear away, shall stand to the account of the estate
of the said M. Dubuque. And as regards Tom Brady the
Court allows him from the said estate ten livres a day for two
months counting from the day that the house was blown up and the
payment of the clothing which he had on his body, when he
was blown up, on an appraisal by experts and furthermore the
cost of the surgeon for bandages, treatment and medicine, in full
satisfaction. The Court condemned the estate to pay all the
costs of the present special session, for which there will be execu-
tion. And permission is given to the said plaintiffs to take as in-
stallments or for the whole amount, if they judge it expedient, goods
at the auction of the estate, when sale shall be made thereof to the
highest bidder. Given in Coiurt the said day, November 12, 1787.^
[Signed] Ant. Girardin. . Pierre Laperche.
Philippe Engel. Matt. Saucier.
B. Saucier. F. Saucier.
Labuxiere, Clerk,
At a Court, December i, 1787.
MM. Fr. Saucier, President.
Ant. Girardin. Matt. Saucier.
Philippe Engel. Pierre Leperche.
Bte. Saucier.
M. Ant. Reilhe presented himself in Court as attorney of M.
Pierre Gamelin, creditor of the deceased Augustin Dubuque and
last furnisher of supplies, according to documents which he
exhibited to the said Court and his petition of the 9th of November
last, referred by M. Saucier, President.^
The Court, after careful examination, received M. Reilhe in his
said title among the number of creditors from Canada. And it
decided and does decide that all debts made at Cahokia and on
this side, which the Court has ordered to be paid and those which
it may order paid in the future, which shall appear legitimate,
2 Among western traders the last furnisher of supplies was a preferred creditor. Pierre
Gamelin was a prominent citizen of Vincennes and played a very important part in the his-
tory of that village during this period. — Dunn, Indiana, passim.
312 ILLINOIS Historical collections
que la Cour a ordonn^ Etre payees et celle quelle ordonne par la
suite qui luy paroitront legitimes seront payees provisoirement,
privilegierement Et specialement. tant frais fait que autres de
recouvrement du charge de ladite succession. Et que comme
lencan des meubles Et Effets de ladite sucession a Ete fait au
terme du mois davril 1789. lors que led* recouvrement sera fait
les Creanciers de Canada misilimakinac Et autres hor de notre
district Nommeront Entreux un sindic a qui il Sera Remis le
Relequat restant de ladite sucession. toutes fois les debtes
contractus En notre district liquidees lesquels Sarrangeront
Entreux pour leurs affaires concernant le Reliqua de ladite suces-
sion. Et quil sera donne avis a la dame veuve dubuque par le s^
Labuxiere charge de ladite sucession a la dame veuve dubuque
dEnvoyerses droits quelle a a pretendre si toute fois EUe en a
pour etre privilegierement a Elle delivre sur le restant de ladite
sucession si toutes fois Elle ne les a pas Recti En Canada. Et
jusques aud* terns toute la Sucession restera En lEtat quelle est
a la gestion du S^ Labuxiere Et qui agira selon quil luy sera
ordonne par la Cour. Et que comme il se presente plusieurs
Creanciers qui pretendent avoir tous droits de privilege, la Cour
na pas juge a propos den prendre Connoissance Et Sarangeront
Entreux apres quelle aura Recu des nouvelles de madame dubuque
p^ tous recour Enver Elle ou la Sucession dud* deffunt ainsy quil
avizeront. Et ne sera tenu led* S'" Labuxiere de Linsolvabilit^
des debiteurs ny de leur depart Furtiv En faisant par luy ce quil
poura p^ linterest de ladite sucession Et quant aux Billets invan-
toriez il tachera den assurer le payement par ceux qui les doivent
p^ etre payez au terme de Lencan atendu quil ny a pas dargent
sur la place Et que Lon ne peu recevoir de danrees.
fait et donne En cour led* jour i^^ decembre mil sept cent
quatre vingt sept.
[Signed]
a* girardin mh Saucier
B Saucier pierre Lapeche
Phillipe Engel fr saucier
La Cour est adjournee a i^^ Janvier 1787 [sic]
fr. saucier.
COURT RECORD, JANUARY, 1788 313
shall be paid provisionally, by preference and specially, as well as
the costs incurred and the other costs of recovery, by the trustee of
the said estate: and that, since the auction of goods and chattels of
the said estate has been set for the term of the month of April,
1789, at which the recovery shall be made, the creditors from
Canada and Michillimackinac and others outside of our district
shall name among them a syndic, to whom there shall be remitted
the balance which remains from the said estate — however after
the debts contracted in our district have been paid — which
creditors shall make arrangements among themselves for their
business concerning the balance of the said estate; and that notice
shall be given Madame Dubuque, widow, by M. Labuxiere,
trustee of the said estate, to send whatever just claims she has to
make, provided she has any to be paid to her by preference from
the balance of the said estate, and provided she did not receive
payment in Canada. And up to the said time all the estate shall
remain in the state it is under the administration of M. Labuxiere
and he shall act according as he shall be ordered by the Court.
And as there have presented themselves several creditors, all of
whom pretend to have privileged rights, the Court has not judged
it expedient to take notice of them and they shall make arrange-
ments among themselves, after the Court shall have received
news from Madame Dubuque, for all recourse against her or the
estate of the deceased even as they shall determine. Nor shall
the said M. Labuxiere be held for the insolvency of the debtors
nor for their secret departure, while doing what he can for the
interest of the said estate; and as to the inventoried notes he shall
endeavor to assure the payment thereof by those who owe them and
they are to be paid at the time of the auction, seeing that there is
no money in the market and one cannot receive payment in kind.
Made and given in Court the said day, December i, 1787.
[Signed]
Ant. Girardin. Matt. Saucier.
B. Saucier. Pierre Laperche.
Philippe Engel. Fr. Saucier.
The Court adjourned to January i, 1788.
Fr. Saucier.
314 ILLINOIS Historical collections
a la meme Cour.
donne un ordre a la demande de la dame janot lapens^e qui
ordonne a Joseph Lapensde de veiller a la conservation des Biens
de Ses Enfans En quality de Subrog^ tuteur Et ce quil ne soit Rien
dissipee a peine dEn repondre En son Nom led* ordre a luy
signifiie par ladite dame janot la pens^e ce dit jour.
a* Girardin.
a une Cour du deux Janvier mil sept cent quatre vingt huit.
Les S" antoine girardin presidant Charles ducharme
Philipe angel pierre Laperche
a ladite cour assemblee le S'" francois Lapensee a Ete recti
magistra au lieu et place du S'' francois Saucier absent et prete le
Sermant doffice En consequence.
a la meme Cour.
francois Lonval fils a presente une requete pour de demander
des domagements contre la Sucession de deffunt augustin du-
buque disant avoir ete Blesse lorsque la maison de lafleur a Saute
par les poudre dud* dubuque.
La cour la deboutd de sa demande comme accident imprevu.
La Cour est ajournee au 1^^ fevrier.
a* girardin pres.
a une Cour du premier fevrier mil sept cent quatre vingt huit.
M'"'' antoine girardin presidant Math. Saucier
B*e Saucier P^^ LaPerche
Philipe angel fr. Lapensee
Charle ducharme
Entre le S^ William arondel marchand voyageur demandeur
Contre Leon Lepage defifendeur.
Le demandeur requierre que le deffendeur lui paye Son billet
Echu de la somme de deux cent vingt une livres dix huit sols avec
Linterest et frais.
Le deffendeur a repondli N'avoir de quoy payer pour le
present.
Sur qouy la Cour a condamnd led* Leon Lepage a payer le
demandeur dicy a Son depart ou de luy donner des assurances
COURT RECORD, JANUARY, 1788 315
At the same Court.
Issued on the prayer of Madame Janot Lapanc^ a mandate
which orders Joseph Lapanc^, in his oflSce of surrogate guardian,
to look to the preservation of the property of her children, and
to see to it that there be nothing wasted on pain of answering
for it in his own name. The said mandate was served on him
by the said Madame Janot Lapanc^ this day.
Ant. Girardin.
At a Court, January 2, 1788.
MM. Antoine Girardin, President. Charles DuCharme
Philippe Engel Pierre Laperche
At the said Court M. Francois Lapancd has been received as
magistrate in place of M. Francois Saucier absent, and has taken
oath of oflice in consequence.
At the same Court.
Francois Lonval jr. presented a petition, demanding damages
from the estate of the late Augustin Dubuque, claiming to have
been wounded when the house of Lafleur was blown up by M.
Dubuque's powder.
The Court denied his prayer since the accident was unforeseen.
The Court adjourned to February i,
Ant. Girardin Pres.
At a Court, February i, 1788.
MM. Antoine Girardin, President. Matt. Saucier.
Bte. Saucier. Pierre Laperche.
Philippe Engel. Fr. Lapancd.
Charles DuCharme.
Mr. William Arundel, traveling trader. Plaintiff, vs. Leon Le-
page, Defendant.
The plaintiff demands that the defendant pay him his note,
which is due, for the sum of two hundred and twenty-one livres
eighteen sols with interest and costs.
The defendant answered that he had not the means of paying
at present.
Whereupon the Court condemned the said Lepage to pay
the plaintiff between now and the time of his departure or to
316 ILLINOIS •HISTORICAL COLLECTIONS
pour recevoir son payement aud* terns faute de quoy la presente
sentence sera mise a execution contre le deffendeur.
la Cour la condamne aux depens.
La Cour est ajournee au i®^ mars 1788.
a* Girardin.
a une Cour tenue extraordinairement le 21 fevrier 1788.
M'*^ antoine girardin Presidant. B*® Saucier.
Philipe angel. p'"^ Laperche.
Mathieu Saucier. charle ducharme.
Entre jean Bte Felix demandeur Contre Francois lapensee
deffendeur
Le demandeur presente une requete contre Le Nomme Ren^
Bouvet exposant quil a fait Echange de Bien avec le Nomme
Rene Bouvet party pour le Canada pour recevoir Et se metre en
posession du bien que led* philix luy a echange le quel Bien led*
philix a a eux des nouvelles Certaines quil avoit Ete remis aud*
Rene Bouvet par une lettre quil a rec^i de son tuteur qui luy marque
daler recevoir son Bien ladite requete jointe cy contre. demandant
que francois lapensee ay a vuider ses mains entre les siennes des
Billets obligations et autres Creances que led* bouvet luy a laisse
en depot p^ luy etre delivre En Echange du bien que led* felix
luy acedde a sorel en Canada puisquil est certain que led* Bouvet
a recu le Bien Echange.
Vu la Convention faite entre led* Bouvet Et led* felix au bas
de leur contract dechange par lequel led* Bouvet soblige decrire
lauthomne de 1787 de missilimakinac a francois lapensee sil a
recu le Bien ou sil ne la pas recu ou sil y a aparance de Le rece-
voir ce que led* Bouvet a manque de faire jusqua present Et a
seulement Ecrit une lettre a fr. lapensee de luy livrer quelque
Billets Echus a Noel dernier, la Cour Etant dans lopinion que
led* bouvet a pris posession du Bien Echange par son silence de
donner avis aud* La pensee ce qui fait souffrir un retard et un tor
Considerable aud* felix. le tout considere Ladite cour a con-
damne led* francois Lapensee de vuider Les mains de toutes les
Creances deposees entre ses mains par led* Bouvet entre celles
COURT RECORD, FEBRUARY, 1788 317
give him assurances of receiving his payment at the said time;
in default of which the present judgment shall be put in execu-
tion against the defendant.
The Court condemned him to pay the charges.
The Court adjourned to March i, 1788.
Ant. Girardin.
At a Court meeting in special session, February 21, 1788.
MM. Antoine Girardin, President. Bte. Saucier.
Philippe Engel. Pierre Laperche.
Matthieu Saucier. Charles DuCharme.
Jean Bte Felix, Plaintiff, vs. Francois Lapance, Defendant.
The plaintiff presents a petition against the named Ren^
Bouvet, in which he shows that he made an exchange of prop-
erty with the named Rend Bouvet, who has gone to Canada in
order to receive and put himself into possession of the property
which the said Felix exchanged with him; and the said Felix
has had certain news that it had been delivered to the said Rene
Bouvet from a letter which he has received from his guardian,
who informs him that he is to go and receive his property;
and he presents the said petition joined here opposite, in which
he demands that Francois Lapance should be obliged to deliver into
his hands the notes, obligations and other claims, which the said
Bouvet left with him on deposit to be delivered to the plaintiff
in exchange for the property which the said Felix transferred to
him at Sorel in Canada, since it is certain that the said Bouvet
has received the property exchanged.
In view of the agreement made between the said Bouvet and
the said Felix at the bottom of their contract of exchange according
to which the said Bouvet pledged himself to write in the autumn
of 1787 from Michillimackinac to Francois Lapancd, if he re-
ceived the property or if he did not receive it or if there was likeli-
hood of receiving it, a thing which the said Bouvet has failed to
do up to the present — he has only written a letter to Fr. Lapancd
asking the latter to deliver him some notes due last Christmas —
the Court is of the opinion that the said Bouvet has taken posses-
sion of the property exchanged, judging from his neglect to give
3i8 ILLINOIS HISTORICAL COLLECTIONS
dud* philix dont il sera Bien et valablement decharge Enver led*
Bouvet et tous autres Et retiendra seulement par Ses mains le
montant des sommes qui lui ont Etd saisies par ordre de cette Cour
dues par led* felix pour en Compter aux saisissant Retiendra
pareillement les frais de saisies qui ont Et^ fait Et de Requetes a
payer avec la presente sentence suivant le compte qui luy sera
fourni par le grefier dont il comptera. En diminution sur ce quil
aura a remetre aud* felix ce qui sera Execute donn^ en Cour le
dit jour 21 fevrier 1788.
[Signed]
Ch. duCharme P Laperche
Phillipe Engel mth. Saucier
B Saucier a* Girardin P.sd.
a une Cour du premier mars mil sept cent quatre vingt huit.
M^^ ant^ girardin presidant p^^ Laperche
Philipe angel fr. Lapensee
Mathieu Saucier magistrats
M^ TOURNIER marchand de S* Louis demandeur Contre
FRANCOIS Lapensee deffendeur.
Le demandeur demande le payement dune somme de deux
mille trois cent douze livres seize sols six deniers pour restant des
marchandises quil luy a fourni montant En total a onze Cent
quatre vingt trois piastres quatre Escalins Concluant a ce que
led* francois lapensee Soit condamne a le payer sous quatre jours
avec les frais Et depens dautant quil devoit le payer au mois de
Septembre dernier quil a atendu jusqua ce jour et quil est actuelle-
ment sur Son depart ne pouvant atendre plus longtems.
Le deffendeur a repondu quil ne pouvoit Contraindre les
meunier a moudre son bled p'* satisfaire quil avoit asses de blee
COURT RECORD, MARCH, 1788 319
notice to the said Lapanc^, and that this causes the said Felix
to suffer a delay and a considerable wrong; and after considering
the whole case, the said Court condemned the said Francois
Lapanc^ to deliver all assets deposited in his hands by the said
Bouvet into the hands of the said Felix, of which he shall be well
and lawfully discharged toward the said Bouvet and all others;
and he shall retain in his hands only the amount of the sums
which have been attached by order of this Court, due by the said
Felix in order to account therefor to the judgment creditor; and
he shall retain likewise the costs of seizures, which have been
made, and of the petitions, which are to be paid with the present
decree according to the account, which will be furnished him
by the clerk, of which he shall render an account by subtracting
from that which he ought to remit to the said Felix, for which
there will be execution.
Given in Court the said day and year, February 21, 1788.
[Signed]
Ch. DuCharme. P. Laperche.
Philippe Engel. Matt. Saucier.
B. Saucier. Ant. Girardin. Pres.
At a Court, March i, 1788.
MM. Ant. Girardin. President. Pierre Laperche.
Philippe Engel. Fr. Lapancd.
Matthieu Saucier. Magistrates.
M. TouRNiER, trader from St. Louis, Plaintiff, vs. Francois
Lapance, Defendant.
The plaintiff demands the payment of a sum of two thousand
three hundred and twelve livres sixteen sols six deniers for the
residue of the merchandise which he furnished the defendant, the
total amounting to eleven hundred and eighty-three piastres four
escalins and he concludes that the said Francois Lapance should
be condemned to pay it within four days together with the costs
and charges, inasmuch as he should have paid it in the month of
September last, and for which the plaintiff has waited until today;
and he says that he is now about to take his departure and is
unable to wait longer.
320 ILLINOIS HISTORICAL COLLECTIONS
p^ Satisfaire En farine comme il sy Etoit oblige requerant quil
luy soit accorde un plus long delais afin que les meuniers puissent
luy faire sa farine, que la Surcharge de bled du public dans lesd*
moulins est Cause quil na pu faire son payement jusqua ce jour.
La Cour ayant Examine les circonstances ou les moulins ne
peuvent pas fournir au besoin du public elle accorde quinze jours
de delais au deffendeur p^ faire son parfait payement. passe
Lequel tems la condamne a payer Sans autres delais la condamne
aux depens Et la presente sera Exceute.
La Cour est adjournee au i^^ avril 1788.
A* Girardin Psd
a une Cour du Cinq avril mil sept Cent quatre vingt huit.
M'"'' antoine girardin Presd^ Math, saucier
Philipe angel fr. Lapensee
Charles ducharme
Le S^ Jean B*^ LaCroix sest presente p^ faire Rendre compte
au s'' aime comte du bien de Joseph Comte dont il est Curateur
suivant la sentence Rendue par la deniere Cour. led^ aime comte
ne paroissant pas ainsi quil luy a Ete Enjoint.
Elle requiere M^ Barbeau lieutenant de comte demeurant a la
p'"*^ du Rocher dordonner et faire partir led^ aime Compte d'icy
au vingt du mois p^ se rendre a cette Cour Et rendre comte des
Biens dud* mineur donne par la Cour led* jour Et an.
a la meme Cour.
Joseph Worley Et james Piggot ont represente quils Etoient
Caution pour james moore de la belle fontaine p^ une somme de
Cinq cent piastres p^ deux Esclaves noir que led* more a achete
des mineurs de deffunt jhon Ellison Et quils craignent par le
derrangement des affaires dud* more quil ne devienne insolvable
requerant p^ leur surete a Etre decharge du Cautionment dautant
quil y a un des negres de mort Entre les mains dud* more sur
COURT RECORD, APRIL, 1788 321
The defendant answered that he had been unable to compel
the millers to grind his wheat so as to satisfy this claim and
that he had enough wheat to satisfy it in flour as he had
pledged himself to do. He prays that there be accorded him
a longer delay until the millers can make his flour and says
that the extra amount of wheat belonging to the public in the
said mills is the cause of his being unable to make his payment
up to this day.
The Court, having examined the conditions and learning that
the mills were not able to supply the need of the public, granted
fifteen days delay to the defendant to make complete payment,
after which time he is condemned to pay without other delay.
Condemned him to pay costs. For this present there will be exe-
cution.
The Court adjourned to April i, 1788.
Ant. Girardin, Pres.
At a Court, April 5, 1788.
MM. Antoine Girardin, President. Matt. Saucier.
Philippe Engel. Fr. Lapancd.
Charles DuCharme.
M. Jean Bte. LaCroix presented himself to compel M. Aim^
Comte to render account of the property of Joseph Comte, of
which he is guardian, according to the sentence passed by the
last Court. The said Aim^ Comte did not appear although he
had been cited.
The Court requires M. Barbau, county lieutenant, dwelling
at Prairie du Rocher, to order and compel the said Aime Comte
to leave and come here on the twentieth of the month to submit
himself to this Court and render account of the property of the
said minor.
Given by the Court the said day and year.
At the same Court.
Joseph Worley and James Piggott set forth that they were
bondsmen for James Moore of Bellefontaine for the sum of five
hundred piastres for two black slaves which the said Moore
bought of the minors of the late John Allison, and that they
322 ILLINOIS HISTORICAL COLLECTIONS
quoy la Cour ayant deliberd ordonne quil sera Saisy provisoire-
ment un des negres restant Et suffisament des autres Biens dud*
more p^ Remplacer celui qui manque le tout provisoirement Et
paroitra led* more devant la Cour le i^^ may prochain pour de-
duire Ses raisons sil en a aleguer pour En Etre ordonne par notre
dite Cour ce quil apartiendra.
La Cour est ajourn^e au i^^ may 1788.
A* Girardin psd.
a une Cour du Sept may mil Sept cent quatre vingt huit.
M^^ antoine girardin Presidant B*^ Saucier
Math. Saucier francois Lapens^e
Philipe angel cons^""^ Magistrats.
Le S^ Izidore laCroix marchand de Canada Sest presente par
sa requete de cejourdhuy a luy remise demandant qu'en vcrtu de
la saisie quil a fait faire des Biens de monsieur dubuque En datte
du huit Novembre mil Sept cent quatre vingt sept Et la sentence
de la Cour du douze Novembre mil Sept cent quatre vingt Sept
Rendue En consequence qui luy aloue Son compte et obligation
comme premier saisissant montant a la somme de Cinq mille
trente neuf livres six sols six deniers, la Cour a ordonne
Et ordonne que led* demandeur sera recu Creanciers privilegie
apres les debtes payees contracte aux ilinois dedomagements
frais de justice et Droits de madame dubuq prelevez. Et la
renvoye jusques apres le recouvrement donnd par la Cour lesd*
jour Et an.
Ensuit la Note des Billet et obligation que led* s^ La-
Croix a present^ avec notre sentence au bas en original qui luy
a Ete remise a la Cour du douze 9^^® mil sept cent quatre
vingt sept.
1 There is no record of such a decree except in this place.
COURT RECORD, MAY, 1788 323
feared on account of the disorder of the affairs of the said
Moore less he should become insolvent; and they pray for
their safety to be discharged from their surety inasmuch as
one of the negroes has died on the hands of the said Moore.
Whereupon the Court, after having deliberated, decrees that
there shall be seized provisionally the remaining negro and
a sufficient amount of the other property of the said Moore
to replace the one who is dead, all provisionally; and that
the said Moore shall appear before the Court on the first
of May next to state his claims if he has any to plead in order
that this affair may be settled by our said Court as may be
fitting.
The Court adjourned to May i, 1788.
Ant. Girardin, Pres.
At a Court, May 7, 1788.
MM. Antoine Girardin, President. Bte. Saucier.
Matth. Sauicer. Francois Lapancd.
Philippe Engel. Councilors and Magistrates.
M. Isidore LaCroix, trader from Canada, presented himself
by his petition of this day, which has been returned to him, in
which he prays that, in virtue of the seizure, which he has made
of the goods of M. Dubuque under date of November 8, 1787, and
of the decree of the Court of November 12, seventeen hundred
and eighty-seven^ rendered in consequence, which allows him the
account and note due him as first execution creditor and which
amounts to the sum of five thousand and thirty-nine livres six
sols and six denier s, [execution be made]. The Court decreed and
does decree that the said plaintiff shall be received as preferred
creditor, after the payment of the debts contracted in the Illinois,
the damages, costs of justice, and just claims of Madame Dubuque
have been deducted; and dismissed him until after the collection.
Given by the Court the said day and year.
There follows the memorandum of notes and obligations which
the said M. Lacroix presented, with our decree written at the
bottom of the original, which was returned to him at the Court
of November 12, 1787.
324 ILLINOIS HISTORICAL COLLECTIONS
La Cour aloue.
Doit m^ augustin dubuque a Joseph LaCroix et gigon.
par un billet 4046 .7 •(
par un bon 29 .
par un billet par un bon 156 .
ma Commission des affaires que jay gere p^ lui En
Canada i75 -3
9 [letters illegible], f gros tour fleury 280 .16
paye au sergent m^ Conet 12 .
4699 6 .6
Sauf Erreur et obmission le 14 aoust 1787 signd Joseph La-
Croix p^ gigon.
La Cour aloue le present compte Comme premier saisissant Et
apres les Creances de des domagement payees Et accordees
cejourdhuy autant quil y aura des fonds aux Cahos de plus trois
Cent quarante livres p'" un Compte de fourniture accepte par
deffunt dubuque donne aux Cahos le douze Novembre mil sept
cent quatre vingt Sept. signe Math. Saucier, pierre Laperche,
B*^ Saucier, Philipe Engel, antoine girardin, fr Saucier presi-
dant a luy remis ladite Sentence signee des dits magistrats cy
dessus.
a la meme Cour le S^ Reilhe Sest presente avec Lecrit dont
copie suit et a luy remis loriginal.
Je prie M^ Labuxiere de mexpedier la Sentence de la Cour
qui accorde le des domagement aux incendies.
Secondement la Sentence qui renvoy les Creanciers de mon-
treal p^ discuter leurs privileges, troisiemement le montant de la
vente. 4^ le montant du bled, farine, mahis et lard. 5^ le mon-
tant des billets obligation et comptes a S^ Louis le i^^ [?] avril 1788.
VEU par la Cour assemblee ce jourdhuy elle deffend au s^ Labux-
iere De rendre aucun Compte de ladite succession ny de delivrer
aucunnes pieces qua celuy qui sera Nomme sindic de ladite suces-
sion lors que les recouvrement seront fait Et que Ion aura recu des
Nouvelles de madame dubuque. Excepte la copie de la sentence
qui renvoy les Creanciers de Canada Envers le sindic pour sar-
COURT RECORD, MAY, 1788 325
The Court allows:
M. Augustin Dubuque owes Joseph LaCroix and Gigon,
by a note 4046 .7.6.
by a bon 29.
by a note and bon 156 .
my commission for business which I managed
for him in Canada 175 . 3
9 [letters illegible]^ } gros tour fleury 280. 16.
paid to M. Conet sergeant 12 .
4699. 6. 6.
Saving error and omission, August 14, 1787. Signed Joseph
LaCroix for Gigon.
The Court allows the present account as of the first execution
creditor and after the claims allowed to-day for damages are paid
and in so far as there shall be funds at Cahokia above three
hundred and forty livres for an account of supplies accepted by
the deceased Dubuque. Given at Cahokia the 12th of November,
1787. Signed: Matt. Saucier, Pierre Laperche, Bte. Saucier,
Philippe Engel, Antoine Girardin, Fr. Saucier, President. Re-
turned to him the said decree signed by the magistrates afore-
said.
At the same Court M. Reiehe presented himself with the
writing, a copy of which follows, and the original was returned
to him.
I pray M. Labuxiere to draw up for me the decree of the Court
which allows damages to the sufferers from the fire.
Secondly the decree which dismisses the creditors from Mon-
treal to determine their privileges. Thirdly the amount of the
sale. 4th. The amount of wheat, flour, corn, and lard. 5th. The
amount of the notes, obligations, and accounts at St. Louis, the
first of April, 1788. This having been examined this day by the
assembled Court, it forbids M. Labuxiere to render any account
of the said estate or to deliver any documents except to the one
who shall be named syndic of the said estate at the time the col-
lections shall be made and after there has been received news
326 ILLINOIS'HISTORICAL COLLECTIONS
anger Entreux Et jusqua ce que la dame dubuque ait Envoy^
icy sa procuration fait Et delivre En Cour le 7. may 1788.
La Cour est adjournee au i®^ juin 1788.
A* Girardin
a une Cour de deux juin mil Sept cent quatre vingt huit.
M" antoine girardin Presidant Math. Saucier
Philipe angel p^® Laperche
Charle ducharme fr. Lapens^e
B^^ Saucier
Le S^ Worlay habitant de la belle fontaine Sest presente
declarant que contre les ordres de cette cour le S^ more de la belle
fontaine Sest refuse de luy donner caution a Satisfaction p^ surete
des sommes quil doit aux mineurs Ellezon dont il est caution,
la Cour ordonne que le S^ more donnera Bonne Et solvable
caution aud* Worlay qui assurera Solidement les sommes quil
doit aux dits mineurs Et ce dans tout le Courant de ce present
mois. Et a faute dy saitsfaire Nous Enjoignons a notre huissier
tom bredy de se transporter le deux ou trois de juillet prochain
pour proceder par voy de Saisies et execution sur les Biens dud^ s^
more et effets a luy apartenants lesquels Effets, negres, Bestiaux
il transferera aux Cahos p'' etre vendus judicierement a la porte de
PEglise au plus offrant Et dernier Encherisseur p'" largent En
provenant Etre pris Et preleve la somme que led^ more doit aux
dits mineurs interest frais de justice Conts [sic] Et mise dexecution
ce qui sera Execute donne En Cour lesd^ jour Et an. Et En Cas de
resistance la Cour donnera tout main forte p'^ lexecution de ses
ordres.
[Signed]
pierre Laperche francois Lapance
B Saucier Mth Saucier
Phillipe Engel DuCharme
A* Girardin psd.
COURT RECORD, JUNE, 1788 327
from Madame Dubuque, except the copy of the decree which dis-
missed the Canadian creditors to a syndic to make arrangements
among themselves, and until Madame Dubuque has sent here
her power of attorney. Made and delivered in Court, May 7,
1788.
The Court adjourned to June i, 1788.
Ant. Girardin.
At a Court, June 2, 1788.
MM. Antoine Girardin. President. Matt. Saucier.
Philippe Engel. Pierre Laperche.
Charles DuCharme. Fr. Lapanc^.
Bte. Saucier.
M. Worley, inhabitant of Bellefontaine, presented himself and
declares that, contrary to the orders of this Court, M. Moore of
Bellefontaine has refused to give him satisfactory bond for surety
for the sums which he owes the minors Allison, for which he is
bondsman. The Court decrees that M, Moore shall find for the
said Worley good and solvent bondsman, who shall substantially
assure the sums, which he owes the said minors, and this within
the course of this present month. And in default of giving satis-
faction, we command our huissier, Tom Brady, to go thither on
the second or third of next July and proceed to attach and place
under execution the goods of the said M. Moore and the effects
belonging to him; which effects, negroes and cattle he shall trans-
port to Cahokia to be sold by judicial sale at the door of the church
to the highest bidder; and from the money obtained there shall
be taken and deducted the sum which the said Moore owes the
said minors with the interest, the costs of justice and expenses of
the execution, for which there will be execution. Given in Court
the said day and year. And in case of resistance the Court will
give all assistance to the execution of its orders.
[Signed']
Pierre Laperche. Matt. Saucier.
B. Saucier. DuCharme.
Philippe Engel. Ant. Girardin, Pres.
Francois Lapancd.
328 ILLINOIS HISTORICAL COLLECTIONS
a la meme Cour.
Hugh Mc D° Chisholm demandeur Centre Francois Clark
absent ne voulant paroitre
Le demandeur nous a represente lordre de Saisie Et vente des
biens par la Cour ordonne sur Les Biens dud* Clark, lequel se
trouve En deffaud dacomplir le parfait payement En Consequance
La Cour ordonne au S^ Schemitz juge a paix au grand Ruisseau de
donner Ses ordres pour faire payer sans aucuns delais led* Clark
avec tons les frais Et journ^^s pas Et demarches dud* Hugh Mc
D° Chisholm Et ly [sic] Contraindre par toute Rigeur de justice
donn^ En Cour lesd* jour Et an.
La Cour est adjourn^e au i®^ juillet 1788.
A* Girardin.
a une Cour du premier juUiet mil Sept cent quatre vingt huit.
M" antoine garardin Presidant p''® Laperche
Mathieu Saucier Charle ducharme
B*^ Saucier francois lapensee
Magistrats
PIERRE Brisson demandeur Contre Charles Germain
deffendeur
Le demandeur demande au deffendeur la Somme de Soix-
ante dix livres pour des madriers quil lui a fait et quil refuse de
recevoir.
Le deffendeur a repondii quil ne les luy a pas fait dans le tems
quil les luy avoit demand^ Et quil ne pouvoit plus les prendre vt
les grandes Eaux qui lempechoit de les Charoyer quil nen avoit plus
Besoin. Le demandeur a replique quil luy avoit dit de venir les
recevoir avant les grandes Eaux. ce que le deffendeur a desnie
Le demandeur a offert preuve a linstant a fait paroitre michel
peltier dit antaya lequel a pris sermant sur les S*^ Evangiles de
dire la verite Sur laffaire dont est question a dit quil a connois-
sance quil avoit fait marche Ensemble pour Soixante livres et
que Brisson luy devoit faire des madriers p^ cette somme p^ sa
Batterie qui est tout ce quil a dit savoir sur cette declaration
Sur cette declaration Brisson a dit quil a avoit [sic] offert a germain
de luy livrer Ces madriers led* germain a dit de faire sermant de
COURT RECORD, JULY, 1788 329
At the same Court.
Hugh McD. Chisholm, Plaintiff, vs. Francis Clark, absent,
refusing to appear.
The plaintiff sets forth to us that the goods of the said Clark,
against which the writ for the seizure and sale of goods was decreed
by the Court, are found to be insufficient to make complete pay-
ment. Consequently the Court orders M. Smith, justice of the
peace at Grand Ruisseau, to make the said Clark pay without
any delay, together with all the cost and wages for going and com-
ing of the said Hugh McD. Chisholm, and to constrain him by
all rigor of the law. Given in Court the said day and year.
The Court adjourned to July i, 1788.
Ant. Girardin.
At a Court, July i, 1788.
MM. Antoine Girardin, President. Pierre Laperche.
Matthieu Saucier. Charles DuCharme.
Bte. Saucier. Francois LaPance.
Magistrats
Pierre Brisson, Plaintiff, vs, Charles Germain, Defendant.
The plaintiff demands of the defendant the sum of seventy
livres for joists, which he made for him, and which the defendant
refuses to accept.
The defendant replied that the plaintiff had not made them in
the time that he had demanded them of him, and that he could no
longer get them seeing that the high water prevented him carting
them, and that he no longer had need of them. The plaintiff re-
plied that he had told him to come and get them before the flood,
a thing which the defendant denied. The plaintiff offered proof.
He now summoned Michel Pelletier called Antaya, who took oath
on the Holy Gospels to tell the truth in regard to the business in
question, and he said he knew that they had made agreement
together for sixty livres and that Brisson was to make joists for
the plaintiff's thrashing-floor for that sum, which is all that he
said he knew. To this declaration Brisson said that he had
offered Germain to deliver to him these joists. The said Ger-
main told him to make oath on what he put forward, which the
330 ILLINOIS' HISTORICAL COLLECTIONS
ce quil avancoit, ce que led* Brisson a ofiFert Et a fait a linstant
son sermant sur les s*^ Evangiles,
sur quoy la Cour condamn^ le s'* germain a recevoir Et pren-
dre les madriers qui seront recus par arbitres pour etre Bons et
recevables de trois pouces dEpaisseur de neuf pied de long Bois
de Hards lesquels seront recus demain deux de ce mois Condam-
nons germain aux frais et depens.
a la meme cour.
Le Sr Glamorgan demandeur Centre Charles Wood amer-
iquain hab* du grand Ruisseau deffendant
Le demandeur demande que la maison et bled froment En
semencez sur la terre de Jacob groot app* aud* Wood et Saisis a
la demande dud* s'" de Glamorgan par ordre de la Cour soient
vendus jusques a la Concurance de ce qui luy est dub interest et
frais Et nommement de la somme de quartre cent soixante dix
livres dix sols suivant le billet dud* Wood que le demandeur a
Exhibe a la Cour.
Le defifendeur a repondu quil ne soposoit pas a la dite vente
et quil y Consentoit quil navoit pas dautre moyen pour payer.
Sur quoy la Cour ordonne que les Choses saisies seront vendues
Sans delais a la demande du Saisissant par Ihuissier credit
pour le produit En provenant Etre delivre aud* s^ Glamorgan
jusqua la Concurance de tout ce qui pent luy etre dub
soit par billets ou obligations interest Et frais condamne led*
Wood aux frais Et depens tant de Saisie instence que autres a
intervenir [ ?] qui seront avances par M^ Glamorgan Et a luy Rem-
bourcez sur les Biens dud* Wood ce qui sera execute,
a la meme cour.
MARC SCHISOLM demandeur Contre Francois Clark
deffendeur
Led* Clark et led* schisolom on presente une sentence Rendue
par le s'" Schemitz juge a paix au grand Ruisseau tendante au
payement dun alanbic. La Cour assemble elle a homalogue Et
homalogue la dite sentence Rendue par led* s^ Schemitz le i8 dav-
ril dernier, ordonne ladite Cour que ladite sentence sortira son
plain Et Entier effet seulement p^ la somme principale et pour
COURT RECORD, JULY, 1788 331
said Brisson offered to do. And now he made his oath on the
Holy Gospels.
Whereupon the Court condemned M. Germain to receive and
take the joists, which shall be accepted by arbitrators as good and
acceptable, as of three inches in thickness and nine feet in length,
and of poplar; and that they shall be received to-morrow the 2nd
of this month. We condemn Germain to pay the costs and charges.
At the same Court
M. Glamorgan, Plaintiff, vs. Charles Wood, American inhabi-
tant of Grand Ruisseau, Defendant.
The plaintiff demands that the house and the wheat sowed on
the land of Jacob Groot, belonging to the said Wood, and which
has been attached on the demand of the said M. Glamorgan by
order of the Court, be sold up to the equivalent of what the de-
fendant owes him with interest and costs, that is the sum of four
hundred and seventy livres ten sols according to the note of the
said Wood which the plaintiff exhibited to the Court.
The plaintiff replied that he was not opposing the said sale and
that he consented thereto and that he did not have other means
of paying. Whereupon the Court decrees that the goods, which
have been attached, shall be sold without delay by the huissier
on the demand of the execution creditor; and that credit from the
proceeds thereof shall be delivered to the said M. Glamorgan up
to a sum equal to that which may be owing him either by notes
or obligations with interest and costs. Condemned the said Wood
to pay the costs and charges as well for the writ of execution as for
the other intervening writs, and the costs shall be advanced by M.
Clamorgan and reimbursed to him from the goods of the said
Wood; for which there will be execution.
At the same Coiu"t.
Mark Chisholm, Plaintiff, vs Francis Clark, Defendant.
The said Clark and the said Chisholm presented a decree
rendered by M. Smith, justice of the peace at Grand Ruisseau
in regard to the payment for a still. The Court, having assembled,
affirmed and does affirm the said decree rendered by the said
M. Smith the i8th of April last. The said Court decrees that the
332 ILLINOIS •HISTORICAL COLLECTIONS
les frais fait pardevant led* s^ schemitz pour ladite sentence, a
deboutd Et deboute led* chisholm du Compte de frais quil fait
monter a Soixante piastres luy enjoint de recevoir son payement
des mains dud* Clark ou des depositaires diceluy Condamnons
led* Clark a payer dix livres pour les frais de la presente homo-
logation donn^ en Cour lesd* jour Et an. Et a deboute led*
Chisholm de Son compte de frais pOur Etre Exhorbitant Et sans
setre mis en regie pour justifl&er des dits frais Et payera led*
Clark les frais de saisie ce qui sera execute.
La Cour est ajourn^e au i^^ aoust prochain.
mth Saucier psd.
a une Cour du i®^ aoust 1788.
Mathieu Saucier presidant Charle ducharme
B*® Saucier fr. Lapensee
P^^ Laperche henry Biron
Magistrats
Entre Robert jons demandeur Contre Samuel Morice
deffendeur
Le demandeur a dit que avant hier il a rencontre ches le
Nomme Thom Bredy le Nomme samuel Morice qui luy devoit,
auquel il a demande son payement. que ledit morice Et led*
Jones Se Sont disputez Ensemble et dit plusieurs injures et
fait des menaces que led* morice avoit un Baton avec lequel il
la frape Et quil Sest reveng^ ayant pris led* morice par les che-
veux, que ledit morice luy a pris le pouce avec les dants dont il
se trouve extropi^ quil demande contre ledit morice le des dom-
agement de la perte de Son temp ne pouvant travailler de Son
metier de Chapellier.
Ledit morice a replique que setoit jones qui avoit commence la
dispute Et quil lui avoit jete une Roche de la grosseur de quatre
a Cinq livres, que sil En avoit Ete frap^ il En auroit Etdtue. la
dite roche ayant frapd dans la porte ou potau de la maison ou
Elle a Encave led* poteau led* morice Se Sauvant dans ladite mai-
son que sest En sortant de la maison quil se sont pris et que led*
COURT RECORD, AUGUST, 1788 333
said decree shall have its full and entire effect only for the prin-
cipal sum and for the costs made before the said M. Smith for the
said decree. The Court denied and does deny the account of the
said Chisholm's expenses, which he has made run up to sixty pias-
tres, and enjoins him from receiving his pay from the hands of the
said Clark or from his depositaries. We condemn the said Clark
to pay ten livres for the costs of the present afhrmance. Given in
Court the said day and year. And the Coiurt denied the account
of costs of the said Chisholm as being exorbitant and as not being
put in due form to justify said expenses; and the said Clark shall
pay the costs of the seizure, for which there will be execution.
The Court adjourned to the ist of August next.
Matt. Saucier, Pres.
At a Court August i, 1788.
Matthieu Saucier, President.
Bte. Saucier. Fr. Lapanc^.
Pierre Laperche. Henry Biron.
Charles DuCharme. Magistrates.
Robert Jones, Plaintiff, vs Samuel Morris, Defendant.
The plaintiff said that day before yesterday he met at the
house of the named Thomas Brady the named Samuel Morris,
who was owing him and from whom he demanded his payment;
that the said Morris and the said Jones quarreled, used abusive
language and made threats; that the said Morris had a stick with
which he struck the plaintiff and that he revenged himself by
seizing the said Morris by the hair; that the said Morris bit his
thumb with his teeth, from which he was maimed; that he demands
from the said Morris damages for the loss of his time, since he
could not work at his trade of hatter.
The said Morris replied that it was Jones who began the
quarrel and that he had thrown at him a rock weighing four or
five pounds; that if he had been struck with it, he would have
been killed; that the said rock struck the door or the post of
the house and made a deep dent in it and that the said Morris
saved himself by going into the said house; that it was when he
came out of the house that they caught hold of each other and
334 ILLINOIS HISTORICAL COLLECTIONS
Jones le tenant par les Cheveux et ne Voulant le lacher luy En
fonceant Son pouce dans la Bouche la douleur Lavoit force a le
mordre requerant frais et depens contre led* jones.
parties ouies le tout examine la Cour a renvoy^ Les dites par-
ties hor de cour et de proces p^ ladite afifaire les condamne chacun
aux frais Et depens.
La Cour est ajournee au i^^ 7^^® 1788.
Mth. Saucier
a une Cour tenue Extraordinairement le 8 aoust 1788.
M^^ Matieu Saucier presidant fr. Lapensee
B*^ Saucier henry Biron
Ladite cour a fait paroitre devant Elle Le Nomme jean B*^
Colin demeurant Ches la dame Brisson soupconne davoir parti-
sipe a lEnlevement des effets du Nomme Brisson Et sa femme,
led* Colin detenu aux fer. lequel Etant En la presence de la
Cour Et apres sermant par luy fait Sur les Saints Evangiles luy
avons demande sil a Connoissance de Lenlevement ou recele-
ment des Effets dud* brisson et sa femme et sil ny a pas parti-
cipe a repondu quil N'en a aucunne Connoissance Et quil na
Enleve ny aide a Enlever aucuns Bestiaux ny effets, quil ignore
ceux qui En ont detourne quil declare Seulement que madame
Brisson luy a fait porter une scie de Long dans le jardin, laquelle
scie nous avons demande ou Elle Etoit le jour de hier a linvan-
taire personne ne la representant Nous lavons Envoyee Cher-
cher dans le jardin nous Etant apercii quelle y Etoit Cachee liee
avec une pelle a four pour etre Emport^e; lequel nous declare
presentement que cest madame Brison qui luy a fait porter dans
le jardin; Et na voulu avouer aucunne autre Chose sur toutes
les demandes que nous luy avons faites.
lui avons demande quelle jour ou luy a dit de porter la sie
dans le jardin.
a dit que cest avant hier
luy avons demande sil sait autres Chose.
a dit que Non.
^ In the morning of July lo, 1788, Alexis Brisson made a brutal attack on Thereze, the
widow of John Henson, former trader of Cahokia. The immediate occasion of it was her
gossip about Brisson's wife. Brisson kicked the woman, hit her with a chair and then dragged
her to the wood-pile, where he was preparing to kill her, when he was prevented by J. Bte.
COURT RECORD, AUGUST, 1788 335
that Jones held him by the hair and would not release him and
sunk his thumb in his mouth and the pain forced him to bite it;
and he demands costs and charges from the said Jones.
Having heard the parties and examined all, the Court dismissed
the said parties from court and suit in regard to the said affair;
and condemned each to pay the costs and charges.
The Court adjourned to September i, 1788.
Matt. Saucier.
At a Court meeting in special session, August 8, 1788.
MM. Matthieu Saucier, President. Fr. Lapanc^.
Bte. Saucier. Henry Biron.
The said Court summoned before it the named Jean Bte. Colin,
who dwells at the house of Madame Brisson, and who is suspected
of having participated in the removal of the effects of the named
Brisson and his wife.^ The said Colin was held in irons. When
he was in the presence of the Court and had made oath on the Holy
Gospels, we asked him if he had knowledge of the removal or con-
cealment of the effects of the said Brisson and his wife, and if he
had not participated therein. He answered that he had no knowl-
edge thereof and that he had not removed nor aided in the removal
of any animals or effects; that he did not know who had taken
them away; he declared only that Madame Brisson made him
carry a whip-saw into the garden. Yesterday at the inventory we
asked where this saw was and when nobody showed it to us, we
sent to seek it in the garden, having noticed that it was hidden
there bound up with a baker's shovel ready to be carried away.
The witness now declared to us that it was Madame Brisson who
made him carry it into the garden; and he did not wish to confess
anything else to all the questions which we put to him.
We asked him what day they had told him to carry the saw
into the garden.
He said it was day before yesterday.
We asked if he knew anything else.
He said, ''No."
LaCroix. Madame Brisson was present during the assault and urged her husband on. On
July 31, the state's attorney, Labuxiere, charged Brisson with assassination, and the Court
ordered Commandant Trottier to arrest Brisson, and in case of resistance toslioothim. — Chi.
Hist. Soc. Cah., Rec.
336 ILLINOIS HISTORICAL COLLECTIONS
lecture a luy faite de Sa deposition a dit Contenir verite y per-
siste et a signd avec nous. Et avant de Signer a declare Et af-
firm^ que francois Canadien avoit Emmene les Chevaux de Bris-
son et sa femme depuis la prairie du pont jusques au mississipy
Les quels Chevaux avoit Et^ conduit de la maison de la dame
Brisson par ses Enfans jusqua la p^^® du pont et remis aud^ fr.
canadien qui les men^ au mississipy p^ traverser mardy dernier
declare de plus quil a fait une Cache par ordre de la dame Bris-
son dans la grange La quelle il offre de montrer dans la terre qui
est tout ce quil a dit savoir sous Son Sermant et a Signd Et promis
que sil survient quelque Chose a sa Connoissance de la declarer.
[Signed]
Jan baptis colin marque
francois Lapance hBi
B Saucier d henry Biron
Labuxiere grefier Mth. Saucier
a une cour du 9 aoust 1788.
tenue par les memes magistrats.
avons fait paroitre francois Renoux accuse davoir aid6 a
Enlever les Chevaux de Brisson Et sa femme lequel aprds
sermant par luy fait de dire verity luy avons demand^ Sil a
aidd ou participe a LEnlevement des Chevaux de Brisson Et sa
femme.
a dit avoir atrap^ deux juments Et trois poulins par ordre de
la femme de Brisson et quil les a conduits au mississipy ou la
dame Brisson luy avoit dit de les mener et de les atacher avec
deiix autres chevaux que les Enfans de ladite femme ont mend
avec luy.
interoge sil ne savoit pas que ces chevaux Etoient Sai-
sis et la publication faite a la porte de lEglise dimanche
dernier.
a repondii quil ne I'avoit pas sue.
interoge sil ne savoit pas que le Nommd Brisson Etoit fugitif
et poursuivis.
COURT RECORD, AUGUST, 1788 337
The reading of his deposition was made to him and he said that
it contained the truth and persisted therein and signed with us.
And before signing he declared and affirmed that Francois Cana-
dien had driven the horses belonging to Brisson and his wife from
Prairie du Pont to the Mississippi, and that these horses were led
from the house of Madame Brisson as far as Prairie du Pont
by her children and delivered to the said Fr. Canadien, who
led them to the Mississippi in order to cross last Wednesday.
He declared further that he made by order of Madame Brisson
a cache in the barn, which he offered to show. This is all
which he said under oath that he knew and he has signed; and
he promised, if anything came to his knowledge, to make it
known.
. [Signed]
Jean Baptiste Colin. Mark of
Francois Lapancd. h B i
. B. Saucier. Henry Biron
Labuxiere, Clerk.
At a Court, August 9, 1788, held by the same magistrates.
We have summoned Francois Renoux accused of having aided
in the removal of the horses belonging to Brisson and his wife; and
after he had taken oath to tell the truth, we asked him if he aided,
or participated in, the removal of the horses belonging to Brisson
and his wife.
He said that he caught two mares and three colts by order of
Brisson' s wife, and that he took them to the Mississippi, where
Madame Brisson had told him to lead them and to tie them with
two other horses, which the children of the said woman had lead
with him.
Asked if he did not know that these horses were attached and
that publication had been made at the door of the church last
Sunday.
Answered that he did not know it.
Asked if he did not know that the named Brisson was a fugitive
and was pursued.
Answered that he knew that they were pursuing him; but that
338 ILLINOIS HISTORICAL COLLECTIONS
a repondti quil savoit que Ion le poursuivoit mais quil
lavoit vlj paroitre Et disparoitre plusieurs fois et quil Croyoit
que Ion ne Le recherchoit plus, quil ne Croyoit pas faire mal
en menant les Chevaux quil Lavoit fait sans reflection. Et
quil sest mefie au mississipy que setoit p^ les traverser sur lautre
Rive.
interoge sil a quelque Chose a declarer de plus. Et sil na
pas Connoissance de quelques Enlevement fait par quelqu'un des
Effets ou bestiaux de Brisson Et sa femme.
a repondu quil n'en a aucunne Connoissance.
Lecture a luy faite de Sa declaration a dit quelle contient
verite quil y persiste sous le Sermant quil a fait Et a dit ne savoir
signer Et a fait Sa marque ord^® Et avons Signe les dits jours
Et an.
[Signed]
francois Lapance marque de
B Saucier -|-
B Dubuque fr. Renoux
deposant
Labuxiere Mth. Saucier psd.
Du dix huit aout mil Sept Cent quatre vingt huit.
Messieurs Jean B^^ Dubuque Philipe Engel et Louis Chatel
ont fait'le serment d'office En qualite de Magistrats pour la
nouvelle Nomination En la Place des sieurs Mathieu Saucier B*^
saucier et fr. la pensee qui se sont demis de leur Charge les
dits Magistrats ayant Ete nommes par la n^^^® Election. Sont
Comparus et apres avoir prete serment de fidelite, ainsi
que celui d'ofiice ont pris leur Place et leurs qualites de Magis-
trats.
Je sousigne Pierre Billet avoit fait serment que Je me Com-
porterai Bien Et vraiment dans la Charge de Greffier qui m'a
Ete admise Ce Jour, selon ma Connoiss^ et Jugement. aux Cahos
le 17 aout 1788.
P Billet Greffier
COURT RECORD, AUGUST, 1788 339
he had seen him appear and disappear several times and that he
believed that they were no longer searching for him; that he did
not believe that he was doing wrong in leading the horses; that he
had done it without reflection; that he suspected at the Mississippi
that the purpose was to send them across to the other bank.
Asked if he had anything else to declare, and if he did not have
knowledge of the removal of the effects or cattle belonging to Bris-
son and his wife by some one.
Answered that he had no knowledge thereof.
Reading was made of his deposition and he said that it can-
tained the truth and he persisted therein under the oath which he
made; and he said that he did not know how to sign and made his
mark, and we have signed the said day and year.
[Signed]
Francois Lapanc^. mark of
B Saucier. +
B. Dubuque. Fr. Renoux, deponent.
Labuxiere. Mth. Saucier, Pres.
August 18, 1788.
MM. Jean Bte. Dubuque, Philippe Engel and Louis Chatel have
taken the oath of office as magistrates by the new election in
place of MM. Matthieu Saucier, Bte. Saucier and Fr. Lapanc^ who
have resigned from their office. The said magistrates, having
been named by the new election, appeared and, after having taken
oath of fidelity as well as that of office, have taken their place as
magistrates.
I the undersigned Pierre Billet have taken oath that I will con-
duct myself well and faithfully in the office of clerk, to which I
have been appointed this day, according to my knowledge and
judgment. At Cahokia August 17, 1788.
* P. Billet. Clerk.^
^ Why Billet was appointed clerk in place of Labuxiere is not known, but he did not
serve long. On December i, Labuxiere signed as deputy clerk and on Febniary 2, 1789, as
clerk, and from that date the handwriting proves that he served regularly.
340 ILLINOIS fflSTORICAL COLLECTIONS
a line meme Cour.
Presidant ant girardin
Louis Chatel Ch. Ducharme
Philipe Engel Henri Beron
P. la Perche B*^ Dubuque
Magistrals
a la meme Cour avons appointe une Requete En faveur de
M^ Cerre et lui avons permis la saisie des Biens du Sr. James
Moor Jusqua que la Cour En ordonnera.
La Cour Est adjourn^ au i^'^ Septembre.
A* Girardin psd.
a une Cour tenue le i^^ 7^^^ 1788.
Messieurs Ch ducharme President henri Biron
B^^ dubuque Pierre La Perche
Philipe Engel Louis Chatel
Magistrats
P Billet demandeur Contre le Sieur Smith deffendeur
Le demandeur a declare que le Sieur Smith Lui devoit un
cochon. d'Environ Cents livres et que le terns etant passe pour
le Payement et lui en aiant Plusieurs demandes il lui avoit
toujours refuse Sous mauvais pretexte le deffendeur dit quil lui
avoit offert plusieurs fois mais quil I'avoit refuse disant quil
n'etoit pas gros et quil avoit un temoin du march^ Entre Eux
que nous avons fait Paroitre et a dit quil lui devoit le Cochon et
devoit lui Enmener tel quil Etoit La Cour a ordonne aud^
Smith de Livrer le Cochon aud^ P Billet sous quinze Jours,
et Condamnons le dit Smith aux frais.
DuCharme prsd.
a une meme Cour.
Les SiEURS Morel et Sans Facon demandeur Contre Sieur
Mathieu Saucier deffendeur
Les demendeurs nous aiant Expos^ leurs plaintes par une
requete du dix Sept aout dernier par Lequel ils avoient Et6
recuses par le S^ Mathieu saucier pour servir de Jures nous avons
ordonn^ au S^ Mathieu Saucier de Paroitre aujourdhui devant
nous et y Exposer Ses raisons des Insultes par lui fait aux dits
COURT RECORD, SEPTEMBER, 1788 341
At the same Court.
President Ant. Girardin Ch. DuCharme.
Louis Chatel. Henri Biron.
Philippe Engel. Bte. Dubuque.
P. Laperche. Magistrates
At the same court we referred a petition in favour of M. Cerr^
and allowed him the seizure of the goods of M. James Moore,
until the Court shall give orders concerning it.
The Court adjourned to September i.
Ant. Girardin, Pres.
At a Covirt, September i, 1788.
MM. Ch. DuCharme, President. Henry Biron.
Bte. Dubuque. Pierre Laperche.
Philippe Engel. Louis Chatel.
Magistrates.
P. Billet, Plaintiff, vs. M. Smith, Defendant.
The plaintiff declared that M. Smith owed him a pig of about
one hundred pound weight and that when the time was passed for
the payment and he had made several demands for it, the defendant
had always refused with poor excuses. The defendant says that
he had offered it several times to the plaintiff, but that he had re-
fused it saying that it was not fat; and he says that he had a wit-
ness of the agreement between them, whom we have summoned, and
who said that he owed the pig and ought to return one like it. The
Court ordered the said Smith to deliver the pig to the said P. Billet
within a fortnight. And we condemn the said Smith to pay the costs.
DuCharme, Pres.
At the same Court.
MM. Morel and SANSFA90N, Plaintiffs vs. M. Matthieu,
Saucier Defendant.
The plaintiffs set forth their complaints by a petition of the 1 7th
of August last according to which they had been challenged by M.
Matthieu Saucier for jury services and we ordered M. Matthieu
Saucier to appear to-day before us to show his reasons for the insults
made by him to the said MM. Morel and Sansfajon. Whereat
342 ILLINOfS HISTORICAL COLLECTIONS
Sieurs morel et Sans fa^on a quoi il a reconnu ses torts, et a dit
quil ne I'avoit fait que par megard. et leur en a fait Ses Excuses
en presence de nous aux Cahos le i^^ 7^^^ 1788.
P Billet Greffier DuCharme pr
a une meme Cour.
Le SiEUR William Biggs demandeur contre Samuel Morries
deffendeur
le demandeur a dit que le Sieur Samuel Morries ayant demand^
une Cour de Jures pour la deffence de laccusation faite Contre
lui des Insultes faite sur la Cour des Jures et que n'ayant point
paru. Sur quoi le demandeur s'est presente a nous a quoi nous
avons renvoye les Parties, et quils se choiseront deux hommes
Chacun a leur Choix pour Juger de Leur affaire devant Mr
Smith Juge a paix et Magistrat du Grand ruisseau et Sen tenu
a Ce que les dits Jures en Jugeront Sans aucun rappel donne
aux Cahos la Cour Presente le i^^ Sept. 1788.
DuCharme psd.
a une meme Cour.
S'est Present^ Le Sieur James Watt demandeur Contre Le
Sieur Jacob Groots deffendeur
Le demandeur nous a presente deux Billets Consenti a sa
faveur par ledit groots montant a La somme de trois Cents quatre
vingt quatre livres payable en Lard et farine au prix Courant.
et nous a dit En avoir fait La demande dont il Ete presse vu son
depart, a quoi nous avons Condamne ledit groots a paier sous
trois Semaines et les frais Ci Joint au Cahos le i^^ 7^^^ 1788.
P Billet greffier DuCharme presd.
La Cour Est ajourne au i^^ 8^^® 1788.
DuCharme psd.
a une Cour du premier octobre 1788.
Messieurs Ch. Ducharme President Philipe Engel.
B*^ Dubuque Henri Biron
P. La Perche Magistrats
M. FR. Saucier demandeur contre Michel Chartier Deffendeur
Le Sieur saucier presente un compte a lui remis par M^ Levi
et approuve par devenant devant [sic] M La Croix dont il lui
COURT RECORD, OCTOBER, 1788 343
he acknowledged his wrong and said that he did it only through
mistake and he made his apologies therefor to them in our presence.
At Cahokia, September i, 1788.
P. Billet, Clerk. DuCharme, Pres.
At the same Court.
M. William Biggs, Plaintiff, vs. Samuel Morris, Defendant.
The plaintiff said that M. Samuel Morris had demanded a jury
trial to hear his defence to the accusation against him of having
insulted the jury court and had not appeared; whereupon the
plaintiff presented himself to us. Whereat we dismissed the par-
ties and ordered them each to choose a man, to judge their affair
before Mr. Smith, justice of the peace and magistrate of Grand
Ruisseau, and they shall be bound to this that the said jurors shall
judge the cause without any appeal. Given at Cahokia in the
present Court, September i, 1788.
DuCharme, Pres.
At the same Court.
There presented himself M. James Watts, Plaintiff, vs. M. Jacob
Groot, Defendant.
The plaintiff presented to us two notes drawn in his favour by
the said Groots, amounting to the sum of three hundred and
eighty-four /iz;/'^^ payable in lard and flour at the current price;
and he told us that he had made demand therefor and that he was
in need of it on account of his departure. Whereat we condemn
the said Groot to pay within three weeks with the costs here
joined. At Cahokia, September i, 1788.
P. Billet, Clerk. DuCharme, Pres.
The Court adjourned to October i, 1788.
DuCharme, Pres.
At a Court, October i, 1788.
MM. Ch. DuCharme, President. Philippe Engel
Bte. Dubuque. Henry Biron.
P. Laperche. Magistrates.
M. Fr. Saucier, Plaintiff, vs. Michel Chartier, Defendant.
M. Saucier presents an account, which had been given to him
by M. Levy and approved before M. LaCroix, on which there is
344 ILLINOIS HISTORICAL COLLECTIONS
Est du par la Balance deux Cents Soixante douze livres et apres
lui En avoir fait la demande il lui a refusd disant que Son Compte
nest pas Juste et quil lui doit que Soixante douze livres et apres
avoir verifie le Compte que nous Croions Etre Juste et voyant
les Mauvaises raisons que le S^ Saucier nous a dit quil lui avoit
alleguds Nous ordonnons au sieur Chartier a payer le Demandeur
ou a lui trouver un Caution qui Se rendra responsable de lad*®
somme et Condamnons le sieur saucier a paier les frais et se
faire rembourser par le dit Chartier.
DuCharme psd.
a une mene Cour.
Michel Picket demandeur Contre Louis Gaud deffendeur
Le demandeur a dit que le Nomm^ Louis gaud avoit pris et
Engag^ le petit la pierre et lui avoit promis une Pouliche ou une
taure pour ses salaires et quil refusoit de lui donner le deffendeur
a dit quil Pavoit gard^ Malade et que ses salaires netoient pas
Capable de Paier sa Maladie et les soins quils avoient Eu pour
lui Nous avons renvoyer les parties par arbitres.
DuCharme psd.
a une Meme Cour.
HuGUES ScHiSHOLM demandeur Benjamin Bayronn deffendeur
le demandeur nous a dit quil lui Ete diie Cent minots de Bled
par le dit Bayronn pour deux vaches a Lait quil lui avoit vendue
le deffendeur a dit quil lui en avoit livre vingt Minots Chez
thibaud a la Prairie du Rocher. le demandeur lui a dit quil
etoit gat^ et quil netoit pas Marchand. Nous avons renvoy^es
les Parties a faire visiter le Bled, et nous fiant Sur le rapport quil
nous en sera fait Signe par M. Barbeau et Condamnons le dit
Bayronn a Paier lexcedent qui Est de quatre Vingt minots Sous
huit Jours, et Condamnons led* Bayronn aux fraix.
DuCharme psd.
adjourn^ La Cour au i^^ Novembre 1788.
P Billet Greffier DuCharme prsd.
COURT RECORD, OCTOBER, 1788 345
due him a balance of two hundred and seventy-two livres; and
after having made demand therefor, the defendant refused him
saying that his account is not just and that he owes only
seventy-two livres; and after verifying the account, which we be-
lieve to be just and hearing the poor arguments which M. Saucier
told us that the defendant had pleaded to him, we order M.
Chartier to pay the plaintiff or to find a bondsman who will
render himself responsible for the said sum; and we condemn
M. Saucier to pay the costs and to have himself reimbursed by the
said Chartier. DuCharme, Pres.
At the same Court.
Michel Picket, Plaintiff, vs. Louis Gaud, Defendant.
The plaintiff said that the named Louis Gaud had taken and
engaged the little Lapierre and had promised him a filly or a
heifer for wages and that he refused to give it to him. The de-
fendant said that he had tended him when sick and that his
wages were not sufficient to pay for his sickness and the attend-
ance which they had had for him. We have dismissed the parties
to have the case decided by arbitrators.
DuCharme, Pres.
At the same Court. •
Hugh Chisholm, Plaintiff, vs. Benjamin Byram,
Defendant.
The plaintiff told us that there was due him one hundred minots
of wheat for two milch cows, which he had sold the defendant.
The defendant said that he had delivered twenty minots of it to
him at the house of Thibault at Prairie du Rocher. The plaint-
iff said to him that it was spoiled and it was not salable.
We dismissed the parties to have the wheat inspected; and
having confidence in the report, which will be made us, signed
by M. Barbau, we condemn the said Byram to pay the excess
there is above eighty minots within a week; and we condemn the
said Byram to pay the costs.
DuCharme, Pres.
The Court adjourned to November i, 1788.
P. Billet, Clerk. DuCharme, Pres.
346 ILLINOIS HISTORICAL COLLECTIONS
a une Cour du trois novembre 1788.
Messieurs
Antoine girardin President B*^ Dubuque
Ch Ducharme henri Biron
Philipe Engel Pierre La Perche
Louis Chatel Magistrals
a une meme Cour.
Ant armand demandeur Pierre Richard deffendeur
le demandeur nous represente un Compte Contre le dit
Richard de la somme de quatre vingt dix neuf livres En argent
quil dit lui Etre due depuis Cinq ans. le dit Pierre Richard lui
a dit quil Croioit I'avoir Paie par Ses travaux a quoi le demandeur
na voulu acquiesser disant quil n'avoit Eu que Soixante sept
livres et quil lui avoit porte En Compte et apres avoir fait faire
serment sur les sts Evangiles de la verite de son Compte nous
avons Condamne le dit deffendeur aux frais.
a une meme Cour.
le Sieur W"' arrundel Demand [sic] le S"" J" B^^ Morel
Deffendeur
le Demandeur nous a expose par une requete que le sieur Morel
avoit pris a son inseu une Voiture quil avoit a la Prairie du Chien
et quil I'avoit pris Sans la Connoissance de Celui qui en Ete le
depositaire en nous en aiant produit des Certificats et demander des
dedomagemonts par sa Requete et ceci etant or de notre Connais-
sance nous avons renvoies les Parties par arbitres.
a^ girardin
ajourne la Cour au premier decembre 1788.
a^ Girardin p. s. d.
A une Cour du i^'^ Decembre 1788.
Messieurs
Girardin President P. La Perche
Ch Ducharme B*^ Dubuque
Philipe Engel Louis Chatel
Henri Biron Magistrats
a une meme Cour le Sieur Gabriel Cerre nous presente une
requete que nous avons appointe a sa demande.
COURT RECORD, NOVEMBER, 1788 347
At a Court, November 3, 1788.
MM. Antoine Girardin, President. Bte. Dubuque.
Ch. DuCharme. Henry Biron.
Philippe Engel. Pierre Laperche.
Louis Chatel. Magistrates.
At the same Court.
Ant. Harmand, Plaintiff, vs. Pierre Richard, Defendant.
The plaintiff brings to us an account against the said Richard
for the sum of ninety-nine livres in money, which he says was
due five years ago. The said Pierre Richard told him that he
believed that he had paid it by his labor; to which the plaintiff
was not willing to agree, saying that he had had only sixty-seven
livres and that he had credited it to his account; and after having
made him take oath on the Holy Gospels of the truth of his ac-
count, we condemned the said defendant to pay the costs.
At the same Court.
M. William Arundel, Plaintiff, vs. Jean Bte. Morel,
Defendant.
The plaintiff sets forth to us by a petition that M. Morel had
taken without his knowledge a boat, which the plaintiff had at
Prairie du Chien,^ and that he had taken it without the knowledge
of the one who was custodian of it; and the plaintiff brought to
us certificates thereof and demanded damages by his petition;
and since this is out of our jurisdiction, we dismissed the parties
to plead before arbitrators. Ant. Girardin.
The Court adjourned to December i, 1788.
Ant. Girardin, Pres.
At a Court, December i, 1788.
MM. Girardin, President. P. Laperche.
Ch. DuCharme. Bte. Dubuque.
Philippe Engel. Louis Chatel.
Henry Biron. Magistrates.
At the same Court M. Gabriel Cerre presented to us a petition ,
which we have referred at his request.
^ Prairie du Chien, in the present state of Wisconsin, was not included in the district
of Cabokia or in the county of Illinois.
348 ILLINOIS HISTORICAL COLLECTIONS
Vu par la Cour assemble Ce Jour la Requete ci dessus Emsem-
ble le testament olographe de feii Gemes Moor, laditte Cour
ordonne quil sera fait Bon et fidel Inyentaire de tous les Biens
Generalement quils quonques delaisser par ledit deffunt James
Moor Juridiquement et avec les formalites requises a la deligence
des sieurs Cerr^ Bond et thomas Biggs. Executeurs testamentaire
p^ Ce fait etre les dits trois executeurs testamentaires mis en Bonne
posession des dits Biens de lad^^^ sucession suivant laditte Inven-
taire faire les recherches des dits Biens tant meubles qu'immeubles
en faire rendre Compte a laditte Veuve et par tous autres qui
pouroient les avoir en leur Possession et generalement faire tout ce
qui Est du devoir de leurs Charges pour la Conservations des
droits et Interets des personnes interessees en la suditte sucession
et autres quil appartiendra afin que la suditte sucession ^oient
mise et regie par le terns present par les Loix donne En Cour le
trois novembre Mil Sept Cent quatre vingt huit et Signe a la Copie
delivre Ce Jour, antoine Girardin B^^ dubuque Ch Ducharme
Philipe Engel. Pierre La Perche H. B. i. henri Biron une + pour
Louis Chatel et Signe.
LaBuxiere Comis Grefier.
A une Cour du i^ Decembre 1788.
A Girardin President P. La Perche
Ch. Ducharme Henri Biron
Philipe Engel Louis Chatel
aug*^ Dubuque Magistrats
Par une Requete a nous presente ledit Jour Par hiacinthe Cecire
et aiant Vu Son Expose nous avons Permis et Permettons audit
hiacinthe Cecire de faire une assemble de ses Parents et amis pour
deliberer sur son Emancipation le dit Jour et an que dessus.
P Billet Grefier.
a une meme Cour.
M. Jean Dumoulin demandeur Philips Gervais Deffendeur
le Demandeur nous a Produit une Compte dont la Balance est
de Soixante douze livres En argent, interet Compris Jusqu'a
ce jour, le deffend^ nous a dit que led^ Dumoulin avoit oii un
^ A copy of this will is printed on page 515 of this volume.
COURT RECORD, DECEMBER, 1788 349
Seen by the assembled Court this day the above petition to-
gether with the holographic will of the late James Moore. The said
Court decrees that there shall be made good and faithful inven-
tory of the property, all and singular, left by the said deceased
James Moore with legal and requisite formalities, at the suit of
MM. Cerre, Bond and Thomas Biggs, testamentary executors
of the will. For this purpose the three said executors are to be put
in full possession of the said property of the said estate; and
according to the said inventory they are to search out the said
property, both personal and real; and to cause the said widow
and all others who may have it in their possession to render ac-
count; and generally to do that which is within the duties of their
office for the preservation of the rights and interests of the per-
sons interested in the estate aforesaid and of others whom it will
concern; in order that the estate aforesaid may be settled by the
time prescribed by law. Given in Court the third of November
1788, and signed on the copy delivered this day.^ Antoine
Girardin, Bte. Dubuque, Ch. DuCharme, Philippe Engel, Pierre
Laperche, H. B. I. Henri Biron, a+for Louis Chatel, and
signed Labuxiere, Deputy Clerk.
At a Court, December i, 1788.
A. Girardin, President. P. Laperche.
Ch. DuCharme. Henry Biron.
Philippe Engel. Louis Chatel.
Auguste Dubuque. Magistrates.
By a petition presented to us this said day by Hyacinthe Ce-
sirre; and after seeing his explanation we permitted and do permit
the said Hyacinthe Cesirre to hold an assembly of his relatives
and friends to deliberate on his livery. The said day and year
as above.
P. Billet, Clerk.
At the same Court.
M. Jean Dumoulin, Plaintiff, -z^j. Philip Gervais, Defendant.
The plaintiff brought to us an account, the balance of which
is for seventy-two livres in money including interest up to this
day. The defendant told us that the said Dumoulin had had
350 ILLINOIS HISTORICAL COLLECTIONS
Cochon de lait de lui a quoi il nous a dit qu'il Pavoit paie Comp-
tant. Ce que le deffendeur a recuse et apres avoir fait faire ser-
ment aud* S^ Dumoulin et avons Condamne led* Gervais a Paier
le demandeur et les frais du Present.
P. Billet Greffier
a une meme Cour.
une Requete a nous presente par M'' Dumoulin par lequel
il nous represente que le s^ Isadore LaCroix aie a lui remettre
lexcedent quil doit doit [sic] payer pour un sauvage app* a Mailher
quil lui a Ete adjuge a quoi nous avons Conclud led* Jour et an
que dessus.
P Billet Greffier.
A une Meme Cour.
Pierre Billet demandeur Clark deffendeur
le demandeur nous a produit un Billet par lequel il nous repre-
sente quil lui est du deux Cents douze livres de Lard depuis le
mois de Juillet Passe et Vu ses mauvaises Raisons nous P avons
Condamne a Paier sous huit Jours sans autre delais.
Ajourne La Cour au 2. Janvier 1789.
A* Girardin P. s. d.
A une Cour du 2 Janv^ 1789.
Messieurs
Ant Girardin President Pierre LaPerche
Ch Ducharme Henri Biron
B*^ Dubuque Philipe Engel
Louis Chatel Magistrats
a une Cour du 2 Janvier 1788 [sic].
sur la representation de M^ de S* Pierre Cure de cette Paroisse
Sur ce que quelques habitants domicilies de ce Village avoient
refuses a donner le Pain Beni Croiant que Ce n'etoit pas une obli-
gation et nous en aiant fait voir les preuves nous Enjoignons audits
habitants a donner le Pain beni Chacun leur tour, et aux Jours
d'obligation fautes de quoi il seront Condamne a paier dix livres a
lEglise tel quil est present par les loix et Enjoignons aux Marguil-
liers de les Emploier a En faire faire un a leur deffaut telle est notre
COURT RECORD, JANUARY, 1789 351
a suckling pig from him, for which the plaintiff told us that he
had paid cash, which the defendant challenged. And after causing
the said Dumoulin to take oath, we condemned the said Gervais
to pay the plaintiff and the costs of the present suit.
P. Billet, Clerk.
At the same Court.
A pe ition presented to us by M. Dumoulin by which he shows
us that M. Isidore LaCroix should be held to remit to him the
balance which he ought to pay for a savage belonging to Mailher,
which had been adjudged to him, to which we agree the said day
and year as above.
P. Billet, Clerk.
At the same Court.
Pierre Billet, Plaintiff, vs. Clark, Defendant.
The plaintiff brought to us a note, by which he shows that
there is owing to him two hundred and twelve pounds of lard
since the month of last July. And considering his poor pleas
we condemned the defendant to pay within a week without
other delay.
The Court adjourned to January 2, 1789.
Ant. Girardin, Pres.
At a Court, January 2, 1789.
MM. Ant. Girardin, President. Pierre Laperche.
Ch. DuCharme. Henry Biron.
Bte. Dubuque. Philippe Engel.
Louis Chatel. Magistrates.
At a Court, January 2, 1789.
On the representation of M. de St. Pierre, cure of this parish,
that several inhabitants domiciled in this village have refused to
give the blessed bread, believing that it was not an obliga-
tion; and after he had shown us the evidence thereof, we com-
manded the said inhabitants to give the blessed bread, each
in his turn and on the days of obligations ; in default of which they
shall be condemned to pay ten livres to the church, as is at present
the law; and we command the wardens to use the money to have
some bread made to make up the deficiency. Such is our opinion.
352 ILLINOIS HISTORICAL COLLECTIONS
oppinion donn^ aux Caho la Cour seante le dit Jour et an que
dessus.
ajourn^ la Cour au premier fevrier 1788 [sic]
P. Billet Greffier A* Girardin p. s. d
A une Cour du 8 fevrier 1789.
Messieurs
^tne Girardin President Pierre LaPerche
Ch Ducharme Philipe Engel
Henri Biron B*® Dubuque
Louis Chatel Magistrats
Le S*" Labuxiere charge de la sucession de Raphael gagnez
le demandeur Contre Joseph poupart deffendeur
Le demandeur demande au deffendeur une somme de six cent
soi Xante dix duit livres dix huit sols Cinq deniers tant en principal
quinterest dont il y a deja Eu sentence de Condamnation par cette
Cour.
Le deffendeur a demand^ delais p^ payer dans le Courant de ce
mois.
La Cour accord^ aud* demandeur [sic] le Courant de ce mois
Et la condamnd a payer sans plus long terme son billet et interest
montant a lad* somme cy dessus et aux frais Et depens montant
a huit piastres ce qui sera execute, ordonnons au s^ Lachansse
heritier dud* gagnez de prendre des mains du s^ Labuxiere Le
billet dud* poupart dont le s^ Labuxiere sera Bien decharge. ce qui
sera execute.
Labuxiere A* Girardin psd.
a la meme Cour.
Louis Bergeron demandeur Contre jean B*® durbois deffendeur
Le demandeur demande au deffendeur trois cent livres de
farine p^ avoir pense Et guery la fille du Nomme vaudry
Le deffendeur a repondti quil navoit point guery la petite fille
et quil avoit Etd oblige de la metre Entre les mains de la dame
1 Madame Tom Brady was born in St. Joseph in 1734 and lived successively in MichilU*
mackinac, Chicago, and Cahokia. Before marrying Brady she had had three husbands, La-
flamme, Sainte Ange, and Lecompte. She exercised great power over the Indians,^nd through
her personal influence at times saved Cahokia from attack. She was universally respected
at Cahokia, where she died at an advanced age. — Reynolds, Pioneer History, 136. Reynolds
says that she was a daughter of Laflamme, but the case on p. 277 shows that she was his
widow.
COURT RECORD, FEBRUARY, 1789 353
Given at Cahokia at the session of the Court the said day and
year as above.
The Court adjourned to February i, 1789.
P. Billet, Clerk. Ant. Girardin, Pres.
At a Court, February 8, 1789.
MM. Ant. Girardin, President. Pierre Laperche.
Ch. DuCharme. Philippe Engel.
Henry Biron. Bte. Dubuque.
Louis Chatel. Magistrates.
M. Labuxiere intrusted with the estate of Raphael Gagne,
Plaintiff, vs. Joseph Poupar, Defendant.
The plaintiff demands of the defendant a sum of six hundred
and seventy-eight livres eighteen sols five derniers as well for the
principal as interest, for which there has been given judgment
by this Court.
The defendant asked for delay to pay during the course of
this month.
The Court granted to the plaintiff [defendant?] the course of
this month and condemned him to pay without a longer delay
his note and interest, amounting to the sum aforesaid with costs
and charges which amount to eight piastres, for which there will
be execution. We direct M. Lachanse, heir of the said Gagnd,
to take from M. Labuxiere the note of the said Poupar, of which
M. Labuxiere shall be fully discharged, for which there will be
execution.
Labuxiere. Ant. Girardin, Pres.
At the same Court.
Louis Bergeron, Plaintiff, vs. Jean Bte. Dubois, De-
fendant.
The plaintiff demands of the defendant three hundred pounds
of flour for having attended and cured the daughter of the named
Vaudry.
The defendant replied that the plaintiff had not cured the
little girl and that he had been obliged to put her in the hands
of Madame Tom,^ who had cured her; and that it was not the
said Bergeron, that on the contrary he had neglected her.
354 ILLINOIS.HISTORICAL COLLECTIONS
thome qui lavoit guerie Et que ce netoit point led^ Bergeron quau
contraire il lavoit negligee.
Le tout considere la Cour a deboute ledit Bergeron de Sa
demande la Condamne aux frais et depens Et a adjuge les trois
Cent livres de farine a la dame thorn qui a guery la petite fiUe ce
qui sera execute. A* Girardin p. s, d
a la meme cour.
donne une Saisie au s^ Sans facon contre Wiliam houre p^ le
payement de vingt huit piastres, la saisie adresser au s^ Chemitz
juge du grand Ruisseau.
A* Girardin psd.
La Cour est ajourne au premier de mars prochain ce 2 fev 1789.
A^ Girardin psd.
du [blank] fevrier delivre un ordre a la requisition de Joseph
La Chanse contre le Nomme gasien p^ paroitre a la Cour du 2
mars.
du 27. fev un ordre dassignation a M^ Wiliam aRundel contre
francois Clark de la belle fontaine.
27. fevrier — un ordre dassignation p^ Le S^ aRundel Contre
James henderson du grand Ruisseau.
=un ordre p^ Joseph Lachansse Contre pierre martin.
=un ordre pour Joseph Lachansse Contre Grosle pere et fils.
=:un ordre p^ Lachansse Contre janot Lapensee.
= un ordre p^ samuel Morice Contre Joseph Worley.
=:un ordre p^ M^ Dumoulin Contre la femme Brisson.
= un ordre p^ M^ De Clamorgan Contre Lefevre forgeron.
= un ordre p^ M^ De Clamorgan Contre Paul Poupart.
=:un ordre p^ M^ De Clamorgan Contre Izaac Chalfont.
=un ordre p^ M^ De Clamorgan Contre James piquet du
grand Ruisseau.
=un ordre p^ M^ de Clamorgan Contre David Waddel.
=:un ordre p^ M^ de Clamorgan Contre francois Clark.
=un ordre Contre Bond et Biggs comme Executeur testamen-
taire de moore delivre a M'^ Morgan.
^ From now on the clerk used the book to keep a record of the writs issued. These were
probably issued by the justice of the week.
COURT RECORD, FEBRUARY, 1789 355
All considered the Court denied the demands of the said
Bergeron, condemned him to pay the costs and charges and
adjudged the three hundred pounds of flour to Madame Tom
who cured the little girl, for which there will be execution.
Ant. Girardin, Pres.
At the same Court.
Granted a writ of seizure to M. Sansfa^on against William
Houre for the payment of twenty-eight piastres, the writ being
addressed to M. Smith, justice of Grand Ruisseau.
Ant. Girardin, Pres.
The Court adjourned to the ist of next March, this 2nd of
February, 1789.
Ant. Girardin, Pres.
On the — of February a summons delivered on the requisition
of Joseph Lachanse against the named Gassien that he appear
at the Court, March 2.^
On the 27th of February, a summons on complaint of M.
William Arundel against Francis Clark of Bellefontaine.
27th of February, a summons on complaint of M. Arundel
against James Henderson of Grand Ruisseau.
a summons on complaint of Joseph Lachanse against
Pierre Martin.
a summons on complaint of Joseph Lachanse against
Grosl^ father and son.
a summons on complaint of Lachanse against Janot La-
panc^.
a summons on complaint of Samuel Morris against Joseph
Worley.
a summons on complaint of M. Dumoulin against the
woman Brisson.
a summons on complaint of M. Glamorgan against
Lefevre, blacksmith.
a summons on complaint of M. Glamorgan against Paul
Poupar.
a summons on complaint of M. Glamorgan against Isaac
Chalfont.
356 ILLINOIS HISTORICAL COLLECTIONS
+ =:un ordre p'* denis verneau Centre la femme Brisson le
s'* biron a repondu de lo^^ a Compte sur les frais.
4- =un ordre p^ mad® LaCroix centre Louis Grosl^.
du 2. mars delivr^ une Saisie a matieu saucier contre Joseph
Cecire p^ saisir le bled Et farine quil a au moulin du S^ LeBrun
p^ surety de 8oo^ de farine.
a une Cour du deux Mars mil Sept Cent quatre vingt neuf .
M^^ ant® girardin Presidant Henry Biron
Philipe angel B^® Dubuque
Charles ducharme Pierre Laperche
Cons®^^ magistrats.
Denis veronneaux demandeur Contre La femme Brisson
deffenderesse
Le demandeur demande le payement de ses gages pendant une
annee tant pour faire marcher le moulin que ce qui en depend
Echue au p^®^ de juillet 1788. Et en outre Le Batage de grange
montant p^ lannee a Six Cent Cinquante livres Et que pour Le
Batage de Bled M^ Cere doit luy entenir compte.
La dame Brisson convient des six cent livres p'' lannee elle a
produit un compte a la Charge dud* denis veronneau mon* a la
somme du Cinq Cent dix neul livres Cinq sols, aprouve par led*
demandeur. reste la s® de Cent trente livres Cinq sols sur laquelle
somme est deduit vingt sept livres p^ perte de bled par la faute dud*
verronneau Et Cinquante livres p^ un vand a vaner quil a laisse
perir Reste du par la dame Brisson aud* demandeur Cinquante
trois livres cinq sols que la cour condamne la dame Brisson a
t
COURT RECORD, MARCH, 1789 357
a summons on complaint of M. Glamorgan against
James Piggott of Grand Ruisseau.
a summons on complaint of M. Glamorgan against
David Waddel.
a summons on complaint of M. Glamorgan against
Francis Clark.
a summons against Bond and Biggs as testamentary ex-
ecutors of the will of Moore delivered to M. Morgan.
a summons on complaint of Denis Veronneau against the
woman Brisson. M. Biron has made himself responsible for
ten livres on account for the costs.
a simimons on complaint of Madame LaCroix against
Louis Grosl^
On the 2d of March, a writ of seizure delivered to Matthieu
Saucier against Joseph Gesirre, to attach the wheat and flour which
he has at M. Lebrun's mill for surety for 800 lbs. of flour.
At a Goifrt, March 2, 1789.
MM. Ant. Girardin, President. Henry Biron.
Philippe Engel. Bte. Dubuque.
Charles DuCharme. Pierre Laperche.
Councilors and Magistrates.
Denis Veronneau, Plaintiff, vs. the woman Brisson,
Defendant.
The plaintiff demands the payment of his wages for a year
due the first of July, 1788, for running the mill and doing what
is connected therewith; and furthermore for the barn-thrashing
amounting for the year to six hundred and fifty livres and also
for the wheat thrashing for which M. Gerr^ should be account-
able to him.
The woman Brisson acknowledged the six hundred livres a
year. She exhibited an account against the said Denis Veron-
neau amounting to the sum of five hundred and nineteen livres
five sols, which was approved by the said plaintiff. This leaves
the sum of one hundred and thirty livres five sols, from which
sum is deducted twenty-seven livres for the loss of wheat through
the fault of the said Veronneau and fifty livres for a winnowing
358 ILLINOIS HISTORICAL COLLECTIONS
•
payer au demandeur sous huit jours Condamne denis aux frais.
ce qui sera Execute.
a la meme Cour.
Mad® Lacroix demanderesse Contre Louis Grosle deffend-
eur
La demanderesse a produit un billet Contre led* Grosl^ de la
somme de Cent Cinquante trois livres douze sols que le deffend-
eur a Reconnu et a dit navoir de quoy payer actuellement Et
quil avoit donne un acompte de six minot et deny de bled Et deux
poules montant a quarante neuf livres que ladite dame a aussi
Reconnu partant reste a payer Cent quatre livres douze sols que
la Cour condamne led* grosle a payer sous huit jour a peine de
Saisie ce qui Sera execute Condamne led* grosle a payer quinze
livres du frais.
a la meme Cour.
M^ DuMOULiN demandeur Contre La dame Brisson deffen-
deresse.
Le demandeur repette par le Billet du s^ Brisson Et desjardins
solidaires la somme de trois Cent quarante quatre livres Et vingt
livres douze sols dinterest En argent payable En danr^es. et un
Compte de Cinquante huit livres dix neuf sols p^ marchandise
toutes diminution faites sur led* compte.
la deffenderesse a repondu quelle navoit pas connoissance de
Lachat du Cheval mentionne aud* billet Et quelle aprouve led*
compte seulement. sur quoy la Cour a decide que M^ Dumoulin
atendra un mois p^ le retour dud* Brisson lequel mois passd sera
libre de se pourvoir Sur les Biens les plus aparants dud* brisson
quil poura decouvrir ou sur ceux dud* desjardins comme solidaire.
Et quant au Compte la Cour condamne la dame brisson a le
payer au s'" dumoulin sans delais condamne M^ dumoulins a
payer les frais. qui luy seront Rembource a la decizion du
billet ce qui sera Execute
a la meme Cour.
Charles Germain demandeur Contre M^ Dumoulin
Le demandeur demande la somme de Cent livres pour le
payement de la prise et nouriture des Chevaux saisis Et vendus a
COURT RECORD, MARCH, 1789 359
fan, which he allowed to be ruined. There remains due by the
woman Brisson to the said plaintiff fifty-three livres five sols^
which the Court condemns the woman Brisson to pay to the
plaintiff within a week. Condemned Denis to pay the costs,
for which there will be execution.
At the same Court.
Madame LaCroix, Plaintiff, vs. Louis Grosle, Defendant.
The plaintiff produced a note against the said Grosl6 for the
sum of one hundred and fifty-three livres twelve sols, which the
defendant acknowledged; and he said that he did not have means
to pay at present, and that he had paid an instalment of six
minots and a half of wheat and two fowls amounting to forty-
nine livres J which the said lady also acknowledged; there-
fore there remains a balance to be paid of one himdred and
four livres twelve sols, which the Court condemns the said
Grosle to pay within a week on pain of seizure; for which
there will be execution. The said Grosle is to pay fifteen livres
for costs.
At the same Court.
M. DuMOULiN, Plaintiff, vs. the woman Brisson, Defendant.
The plaintiff claims on the note of MM. Brisson and Desjardins,
jointly and severally liable, the sum of three hundred and forty-
four livres and twenty livres twelve sols for interest in money,
payable in kind, and an account for fifty-eight livres nineteen
sols for merchandise, all rebates being made on the said ac-
count.
The defendant answered that she had no knowledge of the
purchase of the horse mentioned in the said note, and that she
approved the said account only. Whereupon the Court decided
that M. Dumoulin shall wait a month for the return of the said
Brisson, and when the month is passed, he shall be free to sue
on the most tangible goods of the said Brisson, which he can find,
or on those of the said Desjardins, who is equally liable. And
as to the account the Court condemns the woman Brisson to
pay it to M. Dumoulin without delay. Condemned M. Dumoulin
to pay the costs, which shall be reimbursed to him at the tune of
36o ILLINOIS HISTORICAL COLLECTIONS
la requisition de M*" dumoulin p^ Creances a luy dues par le
Nommd alary ameriquain. Le S^ dumoulin a dit quil consentoit
a payer suivant quil En sera ordonnd par la Cour p'" son rembource-
ment Enver led* alary.
sur quoy la Cour condamne led* s^ dumoulin a payer les
Cent livres aud* Germain dont il luy sera tenti Compte par led*
alary avecs les autres frais de vente et de la presente sentence ce
qui sera Execute.
a la meme Cour.
Le S^ Chansse demandeur Contre Janot la pensee
Le demandeur demande que le deffendeur luy paye la somme
de Cent dix huit livres En danr^es quil doit a lEncan de deffunt
gagnez Echus depuis noel ou a Son deffau que francois lapens^e sa
caution soit condamn^ de payer led* janot lapensee ayant dit quil
ne pouvoit payer et nayant pas de quoy satisfaire la Cour con-
damne francois Lapensee a payer sans delais la dite somme Entre
les mains dud* laChansse sauf son recour sur son frere Et aux
frais et depens.
a la meme Cour.
Le S'" La Chansse demandeur Contre pierre martin deffendeur
Le demandeur demande au deffendeur somme de cent Cin-
quante huit livres En danrees quil luy doit p^ lEncan de deffunt
Raphael Gagnez.
Le deffendeur a dit N'avoir Rien p^ payer presentement. et
quil demandoit jusques a la fin de ce mois p^ payer ladite somme
Etant sur le point de vendre sa maison pour payer.
sur quoy voyant L'impossibilite ou le deffendeur se trouve
de payer actuellement la cour luy accorde le Credy du cour de ce
mois sans plus delais faute de quoy permis la vente de ces Biens.
deffend la cour au s^ LaChausse aucunne poursuite jusques aud*
tems Et cependant condamne led* martin aux [frais] de Lordre
et assignation de Ihuissier.
a la meme cour,
Samuel Morice demandeur Contre Joseph Worley ameri-
quain nayant vouhi paroitre apres assignation a luy donne
p'" paroitre a cette Cour.
COURT RECORD, MARCH, 1789 361
the decision in regard to the note, for which there will be execu-
tion.
At the same Court.
Charles Germain, Plaintiff, vs. M. Dumoulin, Defendant.
The plaintiff demands the sum of one hundred livres as pay-
ment for the capture and keep of the horses seized and sold at
the requisition of M. Dumoulin for debts due him by the named
Alary, an American. M. Dumoulin said that he agreed to pay
according as the Court decreed for his reimbursement by the said
Alary.
Whereupon the Court condemned the said Dumoulin to pay
the hundred livres to the said Germain, for which, with the costs
of the sale and of the present judgment, the said Alary shall be
accountable to him.
At the same Court.
M. Lachanse, Plaintiff, vs. Janot Lapanc6, Defendant.
The plaintiff demands that the defendant pay him the sum
of one hundred and eighteen livres in kind, which he owes for
what he bought at the auction of the goods of the deceased
Gagn^ and which has been due since Christmas; or in case of
his failure to pay that Francois Lapance, his bondsman, be con-
demned to pay. The said Janot Lapance having said that he
could not pay, and since he does not have the means to satisfy
the claim, the Court condemns Francois Lapanc^, reserving to
him recourse against his brother, to pay without delay the said
sum into the hands of the said Lachanse, and to pay the costs
and charges.
At the same Court.
M. Lachanse, Plaintiff, t^^. Pierre Martin, Defendant.
The plaintiff demands of the defendant the sum of one hun-
dred and fifty-eight livres in kind, which he owes him for the
auction of the goods of the deceased Raphael Gagn^.
The defendant said that he had nothing with which to pay
at present; and that he asked for delay till the end of this month
in order to pay the said sum, as he was on the point of selling
his house in order to pay.
362 ILLINOIS^ HISTORICAL COLLECTIONS
Le deffendeur Se trouvant redevoir aud* samuel Morice vingt
sept piastres En danrdes suivant ses Billets tant pour argent recA
p'' led* Morice quil sest oblige de remetre aud* demandeur.
La cour condamne led* Worley a payer Sans aucuns delais
les vingt sept piastres En danrdes faute de quoy sera donnd main
forte p^ saisir Et vendre ses Effets jusques a la Concurance de ce
quil doit Et Condamne led* Worley En tous les frais Et depens
ce qui sera execute adresse la presente sentence au S^ schemitz
p'" la faire executer sans Retard.
frais 15^^ delivre la copie.
a la meme Cour.
M'" de Clarmorgan demandeur Contre jimes Piggot ameri-
quain absent Nayant voulu paroitre apres avoir Et^ assigne
Et apell^ a haute voix.
Le demande [sic] a produit le Billet du deffendeur par
lequel led* piquet se trouve a devoir Cinquante un minot de
Mahis Egrenne ainsy que Cent piastres portee En sa dite
obligation faute davoir aComply Ses conventions Enver led*
Clamorgan.
Led* s^ demandeur requiere que led* piquet soit condamne a
luy payer ladite quantite de Mahis avec les Cent piastres vti le
refus dud* piquet de paroitre.
La Cour la Condamne et condamne a payer sans delais au
d* s'' de Clamorgan ladite quantite de Cinquante un minot de
Mahis ainsy que les Cent piastres de des domagement porte En
son obligation a deffaud par luy davoir acomply Sa condition,
et le Condamne En outre a livrer le tout a S* Louis Residance de
M^ Morgan pour Navoir pas fait sa livraison dans le tems quil
sy est obligd ou led* s^ demandeur pouvoit la faire transporter
Sans frais Et le Condamne En outre En tous les frais Et depens ce
qui sera Execute.
a la meme Cour.
A M^ nicolas Smith Juge de paix du G^ ruisseau.
II vous est ordone De prendre les Depositions De toutes les
habitants de Votre district qui ont seme & recolte bles & mahis,
De Doner Sur Sermant, aussi Juste quil est possible p^ la quantite
COURT RECORD, MARCH, 1789 363
Whereupon the Court, seeing that the defendant finds it im-
possible to pay at present, granted him credit during this month
without longer delay; in default of which the sale of his property
is permitted. The Court forbids M. Lachanse to bring any
suit until that time; and moreover condemns the said Martin
to pay the costs of the hussier^s order and summons.
At the same Court.
Samuel Morris, Plaintiff, vs. Joseph Worley, American,
refusing to appear after being summoned to appear at this
Court.
Since the defendant is found to owe to the said Samuel Morris
twenty-seven piastres in kind according to his note as well as
for money received for the said Morris, which he pledged himself
to remit to the said plaintiff, the Court condemns the said Worley
to pay without any delay the twenty-seven piastres, in default
of which there shall be given power to seize and sell his effects
up to the equivalent of what he owes; and the Court condemns
the said Worley in all the costs and charges, for which there
will be execution. The present judgment is addressed to M.
Smith in order to have it executed without delay.
At the same Court.
M. Clamorgan, Plaintiff, vs. James Piggott, American, absent
having refused to appear after having been summoned and
called with a loud voice.
The plaintiff produced the note of the defendant according to
which the said Piggott is found to owe fifty-one minots of shelled
corn as well as one hundred piastres entered in his said obliga-
tion as penalty for not having fulfilled his agreements with the
said Clamorgan.
The said plaintiff prays that the said Piggott be con-
demned to pay him the said quantity of corn with the hundred
piastres in consideration of the refusal of the said Piggott to
appear.
The Court condemned and does condemn him to pay without
delay to the said M. Clamorgan the said quantity of fifty-one
minots of corn as well as the hundred piastres damages entered in
364 ILLINOIS HISTORICAL COLLECTIONS
quils auront ceuilly pour payer la Vingt sixieme partie a quiconque
Sera authorise par notre Cour Pour Recevoir Laditte dixme.
II sera accord^ Jusqu'apres La recolte a Ceux qui ne pouront
absolument pas payer actuellement, Bien entendu que cecy n'est
que pour ceux qui restent en Dedan De la ligne tiree par M*"
Girardin notre arpenteur.
Delivrd un ordre a michel olf Et a george Biggs adress^ au S^
Schemitz p^ faire paroitre Joseph Worley p^ repondre a leurs de-
mandes Et obtenir le payement de ce quil leur doit Et faire droit
a qui il appartiendra led* jour Et an.
Delivrd un ordre au S'" Chemitz p'" faire payer Joseph Worley
vingt livres quil doit au S^ Labuxiere.
Delivr^ un ordre verbal par la cour pour obliger le s^ Chemitz
sur sa parole a livrer au s'" Labuxiere p^ le s'" dubuq trois Cent
livres de farine quil est Convenu devant la Cour redevoir p^ tous
Compte.
a la meme Cour.
M^ aRondel representant Le S^ Laforme demandeur Contre
FRANCOIS Clark absent apres assignation recue
a Comparoir ce jourdhuy.
Le demandeur reclame un compte de des domagement a
faute par led* Clark de luy avoir paye suivant son billet quarante
deux minots ^ de bled, Echus depuis decembre dernier, la Cour
Enule le Compte en des domagement Et condamne led* Clark a
payer sans delais les quarante deux minots Et demy de Bled
faute de quoy permis de Saisir et vendre jusqua parfa'it payement
interest et frais ce qui sera Execute.
a la meme Cour.
M^ Clamorgan est intervenu sur la sentence cy dessus lequel
a Exibe deux billets dus par le Nomme francois Clark Echus
dequis lannde derniere montant a la quantite de onze Cent
quarante livres de tabac lequel nous a requis Comme plus ancien
Creanciers dEtre privilegie sur les Biens dud* Clark p^ son paye-
1 Evidently an attempt to make the Americans pay church tithes. From Colonel Har-
mer's statement, it is evident that the Americans were paying nothing for the support of the
government or chuich in the year, 1787. — Smi.h, St. Claire Papers, II., 31.
2 To what line this refers is not known.
COURT RECORD, MARCH, 1789 365
his obligation as penalty for not having fulfilled its condition. And
it condemns him furthermore to deliver all at the St. Louis* resi-
dence of M. Morgan for not having made delivery thereof at the
time to which he pledged himself and where the said plaintifif
could have had it transported without expense; and condemns
him furthermore in all the costs and charges, for which there will
be execution.
At the same Court.
To M. Nicolas Smith, Justice of the Peace of Grand Ruisseau.
You are ordered to take the deposition of all the inhabitants
of your district who have sown and harvested wheat and corn,
and they are to make a statement on oath as justly as it is possible
in regard to the quantity that they have gathered, in order to pay
the twenty-sixth part to whomever authority shall be given by
our Court to receive the said tithe. ^
There shall be granted a delay until after harvest to those who
absolutely cannot pay at present, it being well understood that
this applies only to those who are within the line drawn by M.
Girardin, our surveyor.^
An order delivered to Michel Olf and Geot-ge Biggs, addressed
to M. Smith, to cause Joseph Worley to appear to answer their
prayers and to obtain the payment of that which he owes them
and to render justice to whom it shall belong, the said day and
year.
An order delivered to M. 5mith to compel Joseph Worley to
pay twenty livres which he owes to M. Labuxiere.
A verbal order delivered by the Court to compel M. Smith on
his word to deliver to M. Labuxiere for M. Dubuque three hun-
dred pounds of flour, which it is agreed before the Court he owes
for his account in full.
At the same Court.
M. Arundel representing M. Laforme, Plaintiff, vs. Francis
Clark, absent after summons received to appear to-day.
The plaintiff claims an account, with damages as penalty,
from the said Clark for not having paid according to his note
for forty-two and a half minots of wheat, due since last December.
366 ILLINOIS. HISTORICAL COLLECTIONS
ment. si mieux la Cour Nadjuge Le marc La livre Entre led*
laforme Et led* s^ demandeur. sur quoy la Cour a suspendii
toute saisie accordee aud* s'^ Laforme ordonne que led* laforme
ne sera paye qua marc La livre avec M'^ Glamorgan comme
premier Creancier auquel marc la Lx il se Restraint condamne
Clark aux frais et depens.
La Cour est adjourn^ au premier avril 1789.
A* Girardin psd.
a la requisition du S^ Wiliam aRundel commerceant de
Canada a Ete Enregistre la Sentence arbitrale qui suit.
Nous Soussign^s arbitres Nommds par ordre de la cour du
district des cahos du premier de ce mois pour decider laffaire
Entre les S^^ William aRundel demandeur Contre jean B*® Morel
deffendeur Concernant une pirogue que le S^ arundel dit que le
S^ morel luy a Enmene de La prairie du chien Sans y etre autorise
Et quil a Ete oblige de faire Son voyage icy avec Beaucoup de
frais ne trouvan pas Sa voiture a la prairie du chien vu toutes les
pieces produites a la cour par les deux parties Ensembles les
Certifficats des S" hamelin et Blondeau Non Sermentes qui
declarent que le S^ morel a pris la voiture Sans leurs ordres ni
permission.
Vu aussi les deux certifficats Sermentds devant le S^ Ducharme
un des juges de la cour donnez par pierre antaya Et Joseph Leger
dit parisien qui detruisent par leur Serment les deux precedants
certifl&cats. Nous sommes dopinion que le S^ Wiliam aRundel
Soit deboute de sa demande Enver led* morel tant du payement
de la dite pirogue que de tons des domagements Et quelle restera
pour son compte Et risques Et cependant pour le tems et ser-
vice que led* morel a Et de la pirogue nous estimons quil doit
payer la moitie des frais du proces Et lautre moitid par le s^ a
Rundel Sauf aud* S^ a Rundel son recour contre le S^ amelin pour
le payement de la pirogue, frais Et tons Et tous [sic] des domage-
ments sil la pretee au s'" morel de son Chef Sans lordre dud*
S^ a Rundel aux Cahos le six decembre mil sept cent quatre vingt
huit. Signe Saucier, Dumoulin Et Labuxiere arbitres Nommds.
^ See note, p, 52.
COURT RECORD, MARCH, 1789 367
The Court set aside the account for damages and condemns the
said Clark to pay without delay the forty-two and a half minots of
wheat; in default of which it is permitted to seiz^ and sell suffi-
cient for perfect payment with interest and costs, for which there
will be execution.
At the same Court.
M. Clamorgan became a party to the above judgment, and
he exhibited two notes due by the named Francis Clark, matured
since last year, and which amount to the quantity of eleven hundred
and forty pounds of tobacco; and he prayed us, as older creditor,
to be given preference on the property of the said Clark for his
payment; if the Court does not prefer to adjudge the mark in
the pound ^ between the said Laforme and the said plaintiff.
Whereupon the Court stayed all seizure granted to the said M.
Laforme and decrees that the said Laforme shall be paid only
his percentage of the assets with M. Clamorgan as first creditor,
to which percentage he is restricted. Condemned Clark to pay the
costs and charges.
The Court adjourned to the ist of April, 1789.
Ant. Girardin, Pres.
At the request of M. William Arundel, trader from Canada,
there has been registered the verdict by arbitration which
follows:
We, the undersigned arbitrators, named by order of the Coiu^t
of the district of Cahokia on the first of this month to decide the
cause between MM. William Arundel, plaintiff, vs. Jean Bte.
Morel, defendant, concerning a pirogue, which M. Arundel said
M. Morel had taken from him at Prairie du Chien without author-
ity so that he had been obliged to make his journey here at great
expense, because he did not find his boat at Prairie du Chien :
considering all the documents exhibited to the Court by the two
parties, together with the certificates of MM. Hamelin and Blon-
deau, not made under oath, and which afl&rm that M. Morel
took the boat without their order or permission; considering
also the two certificates, sworn to before M. DuCharme, one of
the justices of the Court, given by Pierre Antaya and Joseph
368 ILLINOIS HISTORICAL COLLECTIONS
V<i la Sentence arbitrale de lautre part produite a la cour de ce
jour, laquelle Sentence la cour a homologue et homologue par ces
presentes Et ordonne quelle Sortira Son plain Et Entier Effet tant
contre le s'" a Rondel que contre le S^ hamelin Sur Lequel le S*"
arondel aura Son recour pour le payement de sa pirogue Et frais
ainsi qui! est explique En ladite Sentence donne En Cour le deux
mars mil sept Cent quatre vingt neuf. sign^ J. B. Dubuq. henry
Biron. ducharme. p^^ Laperche. Philipe Engel. ant. Girardin.
A* Girardin
a une Cour du Six avril 1789.
Le S^ jean B*^ LaCroix Sest present^ pour faire deliberer sur
le prix des danrees p^ le payement de ceux qui doivent a I'Eglise
a Et^ delibere par la cour que la farine sera prise a vingt livres
le Cent, Le bled froment Bien net et Bien Epurd a Six livres le
minot.
Le mahis vane Et recevable Examt de moisisure et pouriture a
quatre livres le minot.
Et le lard sal^ des hosse [sic] Bien conditione a vingt sols le tout
sur le pied de largent Et la cour condamne Les debiteurs a payer
sans delais le montant de leurs dits Billets a quoy faire ils Seront
contraint par Saisie Et vente de leurs Biens mandons a Ihuissier
de cette cour de metre la presente sentence a execution nonobstant
toute oposition. arrete lesd jour Et an.
COURT RECORD, APRIL, 1789 369
Leger called Parisien, which certificates destroy by their oath the
two preceding certificates; we are of the opinion that the demands
of M. William Arundel against the said Morel as well for payment
for the said pirogue as for damages be denied and that the pirogue
remain at his risk and loss; and yet for the time and service which
the said Morel has had of the said pirogue, we estimate that he
ought to pay half of the costs of the suit and that the other
half be paid by M. Arundel; reserving to the said M. Arundel
his recourse against M. Hamelin for the payment of the pirogue
with costs and all damages, if he lent it of his own accord
without the order of the said M. Arundel. At Cahokia December
6, 1789. Signed, Saucier, Dumoulin and Labuxiere, arbitrators
named.
Having seen the verdict by arbitration on the other side brought
into Court this day, the Court affirmed and does afl&rm this
verdict by these presents, and decrees that it shall have its full and
entire effect as well against M. Arundel as against M. Hamelin
against whom M. Arundel shall have his recourse for the payment
of his pirogue and costs, as is set forth in the said verdict. Given
in Court March 2, 1789. Signed, J. B. Dubuque, Henry Biron
DuCharme, Pierre Laperche, Philippe Engel, Ant. Girardin.
Ant. Girardin.
At a Court April 6, 1789.
M. Jean Bte. LaCroix presented himself in order to have a
decision given on the price of commodities paid by those who
owe the church. The Court determined that flour shall be taken
at twenty livres the hundred; wheat clean and well winnowed at
six livres the minot.
Corn winnowed and acceptable, free from mold and brown
rust, at four livres the minot.
And bacon cured des hosse [?] in good condition at twenty sols,
all on the basis of money. And the Court condemned the debtors
to pay without delay the amount of their said notes, to do which they
shall be constrained by seizure and sale of their property. We con-
demn the huissier of this Court to put the present decree in execu-
tion, notwithstanding all opposition. Decreed the said day and year.
370 ILLINOIS HISTORICAL COLLECTIONS
a une Cour du Six avril 1789.
M'" Jacques De Glamorgan Sest presente p^ Et au Nom du
s^ jean B^^ Pratte charg^ de la procuration de dame archange
Prate veuve de deffunt le s'" augustin Dubuque decedde aux Cahos
aux Ilinois le 8 9^^^ 1787. led* S^ de Glamorgan demandeur En
reclamation des douaires Et preciput accorde a ladite dame veuve
par son contrat de mariage pass^ En Entr'Ele [sic] Et led* deffunt
au moyen de la renonciation quelle a faite a la Gommunaute dentr-
elle Et led* deffunt. Vu par la cour le Susdit contract de mariage
En datte du dix sept octobre mil sept cent soixante dix huit passe
devant M^ fauher N^^ de La province de quebec par lequel il
est Constitu^ p'" douaire a ladite dame veuve La Somme de Ginq
mille livres de douaire prefix et 3 ans retour et p^ preciput la
somme de quinze cent livres formant En total la somme de six
mille Ginq cent livres, yH aussi une declaration En forme dinvan-
taire Estimatif des meubles Et effets qui se sont trouvez ches la
dame dubuque En Canada fait par M'" le Quay Et papineau
jqres lEgalise par M^ de Ronville juge a montreal, montant a la
somme de douze Gent quatre vingt deux livres un sol qui sont a
deduire sur ladite somme de six mille Ginq cent livres partant
Reste p^ les reprises de ladite dame veuve la somme de Ginq mille
deux Gent dix sept livres dix neuf sols. Vu aussi la procuration
de ladite dame adressee aud* s^ jean B*^ Pratte pour recevoir Ses
droits aux ilinois En datte du Sept juin mil sept cent quatre vingt
huit duement Legalizee En bonne form le tout Gonsidere et
murement Examine La Gour a aloue et aloue a ladite dame veuve
dubuque ladite somme de six mille Ginq cent livres p^ son douaire
Et preciput sur laquelle somme il sera deduit celle de douze cent
quatre vingt deux livres un sols quelle a retenu par ses mains
Suivant letat Estimatif cy dessus mentionne Et En concequance
luy sera paye la s^ de Ginq mille deux cent dix sept livres dix
neuf sols p^ tous droits quelle a a Esperer sur ladite sucession
dud* deffunt son mary aux ilinois que le s^ Labuxiere Charge du
recouvrement luy comptera aussitost quil aura recouvre des fonds
suffisament p^ Remplir ladite ladite [sic] somme Et dont il luy sera
^ For other references to this same case see pp. 309-313,315, 323-327, 385-381, 393,
429. 513-
COURT RECORD, APRIL, 1789 371
At a Court April 6, 1789.
M. Jacques Clamorgan presented himself for and in the name
of M. Jean Bte. Pratte intrusted with the power of attorney of
Madame Archange Pratte, widow of the deceased M. Augustin
Dubuque, who died at Cahokia in the Illinois November 8, 1787,
and brought suit for dower rights and jointure, which were
accorded to the said widow by her contract of marriage, passed
between her and the said deceased, on the plea of the renunciation
which she has made of the community of goods between her and
the said deceased.^
The Court having seen the contract of marriage aforesaid
under date of October 17, 1778, passed before M. Faucher, notary of
the province of Quebec, by which there is settled on the said
widow for dower the sum of five thousand livres of fixed dower
and three years reversion and for jointure the sum of fifteen
hundred livres; and having seen also an affidavit in the form of
an appraised inventory of furniture and effects, which are at the
house of Madame Dubuque in Canada, made by M, Le Guay
and Papineau, notaries, and legalized by M. de Rouville, justice
at Montreal, and amounting to the sum of twelve hundred and
eighty-two livres one sol, which are to be deducted from the said
sum of six thousand five hundred livres; therefore there remains
for the recovery by the said widow the sum of five thousand two
hundred and seventeen livres nineteen sols; having seen also the
power of attorney of the said lady, sent to the said M. Jean Bte.
Pratte empowering him to receive her just dues in the Illinois,
dated June 7, 1788, duly legalized in good form: all having been
considered and carefully examined, the Court allowed and does
allow the said Madame Dubuque, widow, the said sum of six thou-
sand five hundred livres for her dower and jointure, from which
sum there shall be deducted the sum of twelve hundred and
eighty-two livres one sol, which she has retained in her hands
according to the statement of the appraisement mentioned above;
and consequently there shall be paid to her the sum of five thou-
sand two hundred and seventeen livres nineteen sols to satisfy
all her just claims which she has a right to expect from the said
372 ILLINOIS HISTORICAL COLLECTIONS
ten<i compte sur laqutaitnce quil En raportera dud* s'" jean B*«
pratte a bas de la susdite procuration ce qui sera Execute non-
obstant toute oposition et par privilege a tous autres Creancier
fait et donn^ par la Cour lesd* jour Et an
[Signed]
hBI pierre la perche
DuCharme B*® Dubuque
Phillipe Engel Sa
Louis + chatel.
marque
Labuxiere Grefier A* Girardin.
a la meme cour.
M'" Reilhe a presente une requete contre Izidore la Croix Charge
des affaires de gigon p^ la sucession de dubuque par lapoint^
de la Cour ordonn^ quil sera surcit jusqua lariv^ dud* s^ LaCroix.
La Cour est ajourn^ au i^^ May prochain.
A* Girardin.
a une Cour du i^^ May 1789.
Francois Chevalier demandeur Contre Louis Ciquar deffen-
deur et denis lavertu
Le demandeur Reclame quinze livres p^ lexcedant du loyer
d'un Canot quil a loue au deffendeur pour mois qui luy a Et^
paye mais Comme Le deffendeur a gard^ le canot plus longtems
le demandeur Reclame ladite somme de quinze livres p^ une
partie de Ihiver.
Le deffendeur a replique quil croyoit Lavoir Bien pay^ et
quil ne croyoit pas luy devoir.
Le demandeur offre Son Sermant que les quinze livres luy
sont dus ce qui a Et6 accept^ par le deffendeur.
Sur quoy la Cour a fait faire Sermant aud* francois Chevalier
Et Condamn^ le deffendeur a luy payer ladite somme de quinze
COURT RECORD, MAY, 1789 373
estate of the said deceased, her husband, at the Illinois, which sum
M. Labuxiere, intrusted with the recovery, will pay to her as soon
as he shall have collected funds sufficient to make up the said
sum, and there shall be rendered an accounting thereof to him
on the receipt, written on the bottom of the power of attorney
aforesaid, which he will obtain from the said M. Jean Bte. Pratte,
for which there will be execution notwithstanding all opposition
and by preference to all other creditors. Made and given by the
Court the said day and year.
[Signed] Pierre Laperche.
hBi Bte. Dubuque.
DuCharme. His
Philippe Engel. Louis + Chatel
mark
Labuxiere, Clerk. Ant. Girardin.
At the same Court.
M. Reilhe presented a petition against Isidore LaCroix in-
trusted with the cause of Gigon against the estate of Dubuque.
By the reference of the Court it was decreed that it shall be
stayed till the arrival of the said M. LaCroix.
The Court adjourned to the first of May next.
Ant. Girardin.
At a Court, May i, 1789.
Francois Chevalier, Plaintiff, vs. Louis Ciquar and Denis
Lavertu, Defendants.
The plaintiff claims fifteen livres for the additional rent of a
canoe, which he rented the defendant for a month, which rent
has been paid; but since the defendant kept the canoe a longer
time, the plaintiff claims the said sum of fifteen livres for the rent
during a part of the winter.
The defendant replied that he believed that he had paid him
enough and that he did not think he was in debt to him.
The plaintiff offers his oath that the fifteen livres are due him
and this was accepted by the defendant.
Whereupon the Court caused Francois Chevalier to take oath
and condemned the defendant to pay him the said sum of fifteen
374 ILLINOIS.HISTORICAL COLLECTIONS
livres Et condamne les defendeur Sivtx frais que nous avons liquidez
a dix livres qui sont dus au grefier a deffaud par Ihuissier davoir
delivrd Lordre lesquels frais seront avancds par le s^ Chevalier
sauf son Rembourcement Enver le deffendeur ce qui sera Execute.
B*e Dubuque
du Six May mil Sept cent quatre vingt neuf a une Cour Ex-
traordinaire tenue a la demande de francois huberdeau.
Led* S^ HUBERDEAU demandeuT Contre la sucession de deffunt
AUGUSTiN Dubuque En privilege de Sa Creance sur laquelle Est
intervene M''^ Reilhe charge de la procuration de M^ Gamelin
Et M^ Izadore LaCroix oposant aud* privilege dautre part, def-
fendeur M^ De Rocheblave aussi oposant aud* privilege.
Sur les representation que francois huberdeau a fait a la Cour
quil est party de Canada pour venir recevoir Les droits qui luy
Revenoit dans la sucession de feu jean B*^ huberdeau Son frere
decede aux ilinois, Sur lesquels droits deffunt le S^ augustin du-
buque a recu de Simon huberdeau Son frere la quantity de deux
cent piastres gourdes pour luy faire toucher En Canada suivant
lobligation dud* deffunt dubuque cautionnee par le s^ Joseph
Marie Papin passee devant M^ Cruzat commandant de la partie
espagnole a S* Louis, sur laquelle somme luy a Et6 offerte par
madame dubuque En Canada huit cent cinquant deux livres aux
Conditions quil donneroit une quittance generale pour tous Ses
droits dans la Sucession dud* deffunt jean B*^ huberdeau son frere
ce quil a refuse Et a En concequance pris le party de venir luy
meme a la poursuite de Ses droits contre son frere simon huberdeau,
Et En meme tems reclamer sur la sucession de deffunt dubuque les
deux cent piastres gourdes quil devoit luy faire toucher En
Canada En vertu de Sa Susdite obligation En datte du 23 may
1786 avec les frais et depens quil est oblig^ de faire conclud a ce
que ladite somme de deux cent piastres luy soit payee par ladite
Sucession Et tous Ses frais et depens.
oui M''^ Reilhe, Izadore laCroix Representant M*"^ P^^ Gamelin
1 This is the son of Philippe de Rocheblave, the former acting governor of Illinois, not the
governor himself, as is proved by his signature, which is totally diifferent from that of the elder
Rocheblave.
COURT RECORD, MAY, 1789 375
livres and condemns the defendant to pay the costs, which we
have set at ten livres^ which are due to the clerk because of the
failure of the huissier to deliver the summons, which costs shall
be advanced by M. Chevalier, reserving his reimbursement from
the defendant, for which there will be execution.
Bte. Dubuque.
The 6th of May, 1789, at a special session of the Court held
on the petition of Francois Huberdeau.
The said M, Huberdeau, Plaintiff, claiming as preferred
creditor, vs. the estate of the deceased Augustin Dubuque
in which suit there intervened M. Reilhe, intrusted with
the power of attorney by M. Gamelin, and M. Isidore
LaCroix, both opposing the said privilege, and of the other part
M. de Rocheblave,^ defendent, also opposing the said privilege.
Francois Huberdeau sets forth to the Court that he left Canada
to come to receive the just dues, which accrued to him from
the estate of the late Jean Bte. Huberdeau, his brother, deceased
in the Illinois; of which dues the deceased M. Augustin Dubuque
received from Simon Huberdeau, his brother, the sum of two hun-
dred piastres gourdes, in order that he might remit them to him in
Canada, according to the obligation of the said deceased Dubuque
which was guaranteed by Joseph Marie Pepin and drawn before
M. Cruzat, commandant of the Spanish side at St. Louis ; of which
sum there had been offered him in payment by Madame Dubuque in
Canada eight hundred and fifty- two livres on condition that he should
give a receipt in full for all his just dues in the estate of the said
Jean Bte. Huberdeau, his brother, which he refused; and conse-
quently he resolved to come himself to sue for his rights against
his brother, Simon Huberdeau, and at the same time to claim from
the estate of the deceased Dubuque the two hundred piastres
Gourdes which he [Dubuque] ought to have remitted to him in
Canada in virtue of the obligation aforesaid under date of May 23,
1786, together with the costs and charges, which he has been
obliged to make; and he concludes that the same sum of three
hundred piastres should be paid him by the said estate with all
costs and charges.
376 ILLINOIS HISTORICAL COLLECTIONS
et Gigon Et M^ de Rocheblave agissant En Son Nom Lesquels
ont demand^ Et represente que led* francois huberdeau ne
pouvoit Etre recu Creancier privilegie aux ilinois p^ y recevoir les
deux cent piastres par luy demand^ i" parcequil Les avoit
ref usees en Canada 2° En ce que le S^ Dubuque avoit fait una
faillite Et que En concequance sa Creance ne devoit pas Etre
regardee Comme priviligie Et quil devoit etre Renvoyd au Sindic
qui sera nomme par les Creanciers En vertu de la sentence de
la Cour dui^^ decembre 1788. Requerant a ce Effet le Renvoy
dud* huberdeau Et quil soit deboute de Son pretendii privilege
par luy demands.
Parties ouies En leurs demandes Repliques, responses Requi-
sitions Et Conclusions, la Cour apres avoir murement examine
Et delibere Sur ladite affaire, Elle a re^ii Et refoit led* francois
huberdeau au nombres des Creanciers privilegie sur la Sucession
de deffunt augustin dubuque pour les deux cent piastres gourdes
que led* deffunt lui devoit faire toucher En Canada Sans aucunne
Condition ny renonciation a Ses autres droits ce qui la Empeche
de recevoir la dite somme En Canada des mains de madame
dubuque. ordonne ladite Cour quil Sera Nomme trois Negociants
pour faire le valuation des piastres En Canada Et de la dif-
ferance des ilinois pour le Surplus luy etre paye avec le Capital
des deux cent paistres En Bon de la Caisse espagnole Et pelterie
tel que le Charge de la sucession poura les recevoir Et quand
au compte du frais et depens que led* francois huberdeau a pro-
duit a la Cour ce jour, ordonne pareillem* ladite Cour quil sera
tax6 par les meme arbitres. condamme la sucession dubuque
aux frais de lextraord^^ de la presente Cour suivant le Compte
qui en sera produit Et varete par un des magistra de cette dite
Cour pour les dites sommes jointes Et evaluees Etre payee pri-
vilegierement par le s'* Labuxiere charge de ladite sucession avant
toute delivraison de deniers aux autres Creanciers.
Laquelle Creance nous accordons privilegierement comme
ayant Ete form^e aux ilinois Et En concequance y Etre liquid^es.
dont led* s^ Labuxiere Sera Bien et valablement decharg^ En
, 1 The correct date is December i, 1787. See supra, p. 311.
COURT RECORD, MAY, 1789 377
Heard MM. Reilhe, Isidore LaCroix, representing MM. Pierre
Gamelin and Gigon, and M. de Rocheblave acting in his own
name, who prayed and set forth that the said Francois Huberdeau
could not be received as preferred creditor in the lUinois to receive
there the two hundred piastres demanded by him : firstly, because
he had refused them in Canada; secondly, because M. Dubuque
had become bankrupt and that consequently his claim ought not
to be regarded as preferred and that he ought to be referred to the
syndic who shall be named by the creditors in virtue of the decree
of the Court of December i, 1788^; and they therefore pray for
the dismissal of the said Huberdeau, and that the pretended
privilege demanded by him be denied.
After the parties were heard in their prayers, replications,
answers, requisitions and conclusions, the Court, after having
maturely examined and deliberated on the said cause, received
and does receive the said Francois Huberdeau in the number
of preferred creditors of the estate of the deceased Augustin
Dubuque for the two hundred piastres gourdes, which the said
deceased should have sent him in Canada, without any condition
or renunciation of his other rights which hindered him from
receiving the said sum in Canada from the hands of Madame
Dubuque; and the Court decrees that there shall be named three
merchants to make the evaluation of the piastres in Canada and
of the difference in Illinois in order that the excess be paid to
him with the capital of two hundred piastres in Spanish treasury-
notes and peltries, as the trustee of the estate may receive them;
and as to the account of costs and charges which the said Francois
Huberdeau brought into Court this day, the said Court decrees
likewise that it shall be determined by the same arbitrators; it
condemns the estate of Dubuque to pay the costs of the present
special session according to the account which shall be produced
and verified by one of the magistrates of this Court, in order that
the said sums joined and evaluated be paid by preference by M.
Labuxiere, trustee of the said estate, before any payment of
money to other creditors.
This debt we accord the right of preference, since it was
378 ILLINOIS^HISTORICAL COLLECTIONS
Raportant lobligation dud^ s'" dubuque quittance par led* francois
huberdeau avec le Compte produit dud* huberdeau et frais de
justice fait et delibere En Cour par M""^ antoine Girardin Presidant,
Charles duCharme, Philipe Engel, henry Biron, pierre Laperche,
jean B*^ Dubuque, Et Louis Chatel Magistrats pour Etre Execute
Nonobstant toute oposition lesd* jour et an.
[Signed]
B Dubuque Philipe Engel
henry hBI Biron Pierre Laperche
Louis + Chatel Ch DuCharme
A* Girardin.
a la meme Cour.
M'^ Reilhe representant M^ Gamelin Contre M^ Izadore
LaCroix representant M^ Gigon.
M^ Reilhe en sa dite qualite a prouve que led* s^ Izadore
laCroix ne pouvoit Etre recu Creanciers privilegie sur les Biens
de deffunt augustin dubuque i'' En ce que la Saisie provisoire
quil a obtenu du vivant du s^ dubuque Est ilegale et que led*
deffunt dubuque Est mort dans linstant de la saisie Netant dail-
leur que provisoire Et que la Cour na point fait droit sous la
huitaine porte par les ord^^^ de La validite de ladite Saisie 2°
que la sentence que led* S^ Izidore LaCroix a obtenu de la Cour
le 7 may 1788 Est obreptive Et subrebtive La Cour Nayant pas
sufl&sament Ete informee de la legimite des Creances du s^ gigon
represente par le s^ Isidore LaCroix. Concluant a ce que led*
s'" LaCroix soit Renvoye p'" sa pretendue Creance au sindic des
autres Creanciers apres quil aura Recu le reliquat de ladite suces-
sion le s^ Gigon netant que commis du s^ Gamelin Et non Equi-
peur dud* deffunt dubuque comme lavance le s^ LaCroix.
^ The explanation of this declaration seems to be the following: Isidore La Croix obtained
on November 8, 1787, from the justice of the week a writ of seizure against Augustin Dubuque;
but the latter died on the day the writ was served. This writ should have been confirmed by
the full Court within the week, but this was not done, although some kind of a decree was
rendered November 12, 1787, and recorded later. On account of the death of Dubuque, it
vi-as disclosed that he was a bankrupt, and his creditors attempted to obtain the rights of pre-
ferred creditors; but the Court protected first the rights of those who had been wounded and
whose property had been damaged by the explosion of gunpowder, for which Dubuque was
responsible, and also the rights of the widov/ and the creditors living in Illinois. After all
tliese had been paid the creditors from Canada and elsewhere were to divide proportionally
the balance of the estate. Isidore LaCroix, however, expected that he would be numbered
among the preferred creditors because of his eariier attachment, and on May 7, 1788, he did
obtain a confirmation of his claim, which POW tUe Court after further investigation disallowed.
See pp. 323-327-
COURT RECORD, MAY, 1789 379
incurred in the Illinois and consequently should be liquidated
there; and the said M. Labuxiere shall be well and legally dis-
charged thereof when he shows the obligation of the said M. Du-
buque receipted by the said Franfois Huberdeau with the account
produced by the said Huberdeau and the costs of justice.
Made and decreed in Court by MM. Antoine Girardin, President,
Charles DuCharme, Philippe Engel, Henry Biron, Pierre Laperche,
Jean Bte. Dubuque and Louis Chatel, magistrates, to be put
in execution notwithstanding all opposition, the said day and
year.
[Signed]
B. Dubuque. Philippe Engel.
Pierre Laperche.
Henry hBi Biron Ch. DuCharme.
Louis + Chatel. Ant. Girardin.
At the same Court.
M. Reilhe representing M. Gamelin, vs. M. Isidore LaCroix
representing M. Gigon
M. Reilhe in his said capacity proved that the said M. Isidore
LaCroix could not be received as preferred creditor of the prop-
erty of the deceased Augustin Dubuque: ist, because the pro-
visional seizure, which he obtained during the life of M. Dubuque
is illegal and because the said deceased Dubuque died at the
moment of the seizure, which was moreover only provisional,
and because the Court did not decree within the week, fixed by
its orders, concerning the validity of the said seizure; 2nd,
because the decree which the said M. Isidore LaCroix obtained
from the Court, May 7, 1788, is obreptitious and surreptitious,
since the Court was not sufficiently informed of the legitimacy
of the claims of M. Gigon, represented by M. Isidore LaCroix;
and he concludes that the said M. LaCroix should be referred
for his pretended claims to the syndic of the other creditors after
the latter shall have received the balance of the said estate, the
said Gigon being only the deputy of M. Gamelin and not the
furnisher of the said deceased Dubuque as M. LaCroix ad-
vances.^
38o ILLINOIS^ HISTORICAL COLLECTIONS
ouy led* s^ LaCroix qui a persiste dans son privilege a luy
accorde par ladite sentence du 7 may 1788 p'' toute deffences.
La Cour apres avoir murement delibere a mis Et met ladite
sentence du 7 may 1788 au Neant comme ayant Ete irendue en
labsence dud* s'^ Reilhe obreptivement et subrebtivement nayant
pas Ete suffisament informde Et Renvoy led* s^ izidore LaCroix
p^ toute sa Creances avec les autres Creanciers a Se pourvoir
ver le sindic qui sera nomme p^ En Etre delibere ainsy quil
aviseron ce qui sera execute lesd* jour et an.
[Signed]
DuCharme Phillipe Engel
B*e Dubuque hBi
Pierre Laperche Louis + Chatel
Labuxiere A* Girardin.
Du 18 may 1789 a Sept heures du matin.
delivr^ une Saisie a Louis Coste pour saisir Et arreter une
paire de Boeuf que pierre Billet a remis Entre les Mains du Nomme
gassien p^ etre vendus dimanche prochain a deffaud de payement
ladite saisie signe dubuque magistra.
Le meme jour a Neuf heures du matin.
delivre une saisie a francois lapensee pour saisir les memes
Boeuf avec deffences aud* gassien de Sen Dessaisir a peine dEn
repondre que la Cour Nen ay ordonnd.
du 19 may delivre une Saisie provisoire a francois saucier pour
saisir entre les mains de pierre durbois deux Bariques de tafia
apartenant a michel peltier dit antaya.
du 20 may 1789 delivrd un ordre dassignation a jean farelle
p^ faire paroitre paul poupart a la Cour du i^^ juin.
du 2 juin delivre un ordre a p^^ martin Contre p''^ Billet p'"
paroitre a la cour de cejourdhuy.
COURT RECORD, MAY, 1789 381
Heard the said M. LaCroix who persisted in his privilege
accorded him by the said decree of May 7, 1788, in spite of all
arguments.
The Court, after having maturely deliberated, annulled and
and does annul the said decree of May 7, 1788, as having been
rendered in the absence of the said M. Reilhe obreptitiously and
surreptitiously and since the Court was not sufficiently informed,
and it dismisses the said Isidore LaCroix to plead with the other
creditors for all his claims before the syndic who shall be named
that there may be decision thereon as they shall advise; and there
will be execution the said day and year.
[Signed] Philippe Engel.
DuCharme. hBi
Bte. Dubuque.
Pierre Laperche. Louis + Chatel.
Labuxiere. Ant. girardin.
May 18, 1789, at 7 A. M.
Issued a writ of seizure to Louis Coste to seize and secure a
pair of oxen, which Pierre Billet delivered into the hands of the
named Gassien, to be sold Sunday next in default of payment.
The said seizure signed Dubuque, Magistrate.
The same day at 9 A. M.
Issued a writ of seizure to Francois Lapanc^ to seize the same
oxen with warning to the said Gassien not to give them up until
the Court has decreed concerning them, on pain of being held
responsible therefor.
May, 19, issued a writ of provisional seizure to Francois Saucier
to seize two casks of tafia belonging to Michel PeUetier called
Antaya, now in the possession of Pierre Dubois.
May 20, 1789, issued a summons on complaint of Jean Farelle
to cause Paul Poupar to appear at the Court of June i.
June 2, issued a summons on complaint of Pierre Martin
against Pierre Billet that he appear at the Court of to-day.
382 ILLINOIS HISTORICAL COLLECTIONS
A un Cour du 2 juin 1789.
M'*^ Antoine girardin Presidant henry Biron
Charle ducharme P^® Laperche
Philipe angel J. B*^ Dubuque
Pierre martin demandeur Contre pierre Billet deffendeur
Le demandeur demande que led* pierre Billet ay a luy remetre
une vache avec son veau quil luy doit depuis longtems a quoy led<^
Billet a repondu que le s^ martin luy avoit fait saisir un Cheval
qui se trouve perdu.
a quoy led* martin a replique que le Cheval navoit jamais parii et
que le Cheval netoit pas Existant que Ihuissier lavoit saisy sans le
voir ni Sans savoir sil Existoit Etant Courant dans les Bois que
led* Cheval n'a point paru depuis ce tems quil ne pent pas re-
pondre du Cheval dautant que le s'" Thom huissier ne la point
sequestre.
Le tout considere parties ouies. la Cour a decide que si le
Cheval se retrouve par les recherches quen fera pierre martin il
sera Remis par luy a pierre Billet, Et que cependant il demeurera
sur les risques dud* Billet, laquelle Recherche sera faite a la dili-
gences dud* pierre martin, Et condamne led* pierre Billet apres la
remise dud* Cheval. de livrer sans delais la vache et le vau aud *
martin depens compensez Entreux qui seront paye st le compte
que produira le grefifer ce qui sera execute Et condamne le s^ Bil-
let a payer la prise du Cheval.
a la meme cour.
Le s^ jean dumoulin Contre thom Bredy
Thom Bredy a produit un compte a la Charge du s^ dumoulin
montant a quatre vingt dix sept livres.
Le S^ dumoulin a dit navoir point Ete assign^ quil avoit un
compte a produire aud* thom Bredy quil demandoit a Etre ren-
voye a la cour prochaine. le tout Examine la Cour a Renvoye les
deux parties a Se pourvoir pardevant trois arbitres quil nommeront
faute de quoy En sera Nomme par la Cour p'" leur raport etre ra-
port^ a ladite cour y Etre homologue depens reservez jusques aud*
tems.
a la meme Cour Est comparu Pardevant nous Magistra Sou-
COURT RECORD, JUNE, 1789 383
At a Court, June 2, 1789.
MM. Antoine Girardin, President. Henry Biron.
Charles DuCharme. Pierre Laperche.
Philippe Engel. J. Bte. Duiuque.
Pierre Martin, Plaintiff, vs. Pierre Billet, Defendant.
The plaintiff prays that the said Pierre Billet be held to deliver
to him a cow with her calf, which he has owed him for a long
time; to which the said Billet answered that M. Martin had
obtained a seizure on a horse, which was lost.
To which the said Martin replied that the horse had never
appeared and that the horse was not alive; that the huissier had
put it under seizure without seeing it or knowing if it was alive,
since it was running in the woods; that the said horse has not
appeared since then; that he could not be responsible for the
horse in as much as M. Tom, huissier, did not sequester it.
All considered and after the parties were heard, the Court
decided that, if the horse is found through the searches, which
Pierre Martin shall make for it, it shall be restored by him to
Pierre Billet; that, however, it shall be at the risk of the said
Billet; that the search shall be made at the suit of the said Pierre
Martin; and the Court condemns the said Pierre Billet, after
the delivery of the said horse, to deliver without delay the cow
and the calf to the said Martin; and condemns both to pay the
costs, which shall be paid according to the account, which the
clerk will produce, for which there will be execution; and con-
demns M. Billet to pay for the capture of the horse.
At the same Court.
M. Jean Dumoulin vs. Tom Brady
Tom Brady brought in an account charged to M. Dumoulin,
amounting to ninety-seven livres.
M. Dumoulin said that he had not been notified and that he had
an account against the said Tom Brady to produce; and he de-
manded that the case be dismissed to the next Court. All
examined, the Court dismissed the two parties to plead before three
arbitrators, whom they shall name, in default of which some shall
be named by the Court, and that their report be returned to the
384 ILLINOIS HISTORICAL COLLECTIONS
sign^ M^ Daniel Mel. Doff habitant demeurant aux Caskakias
Lequel nous a requis de recevoir Sa declaration sur un vol avec
fracture quil luy a Ete fait En Sa maison aud* village de kaskakias.
Et apr^s que led^ Daniel michel Doff a En fait sermant devant
nous Sur les Saints Evangilles de faire Sa declaration sincere Et
veritable.
a declare que le douze du mois de May dernier dans la nuit ne
pouvant dire au juste Iheure que a la pointe du jour il Sest apercti
que le Contreven dune fenetre de Sa maison avoit Ete force Et que
Ion avoit arrache Le gond dEn bas ce qui avoit Ete fait avec force
dans la nuit precedente, Et que dans lintsant il Sest apercu que Sa
negresse Et Son Enfant manquoit avec plusieurs Effets Et meubles
de Sa maison. que le lendemain il a Etd informe par des person-
nes que la negresse et Son enfant etoit En la posession de M^ de
Glamorgan Negociant de S^ Louis Et que Ion lavoit vu Sur le
fleuve avec ladite negresse lenfant Et deux negres quil avoit fait
saisir a S^^ genevieve quil remontoit p'" Revenir a S^ Louis quil y
a aparance que le s'" Glamorgan a fait de nuit ches luy lenlevement
de ladite negresse que quelques jours auparavant le declarant
SEtant trouve a S* Louis fut voir M^ Glamorgan p'' le payer ou
prendre des arangement quil luy avoit offert des esclaves p^ luy
en procurer[?] la vente. que M^ Glamorgan Les avoit propose a
M'" dubreuil et quapres Setre parle luy declarant est Gonventi avec
M^ dobreuil du prix de dix huit Gent piastres p^ deux negres, deux
negresse, Et deux Enfans. dont M^ dubreuil devoit remetre neuf
cent piastre a M^ Glamorgan En bon de la Gaisse ou pelterie En
acompte de ce quil luy devoit et quil toucheroit lui declarant les
autres neuf Gent piastres En especes sonnantes des mains de M^
dubreuil ce qui fut signe par un accord Entre M^ dubreuil, M^
Glamorgan, M^ george morgan Et le declarant, qui sobligeoit de
livrer les dits Esclaves a S*^ genevieve ches M^ valee ce quil a
Effectue a la reserve dune negresse qui etoit acoucher Et quil Etoit
convenu denvoyer apres son retablissement apres que lesd*®
negres ont Ete traverses a S^^ genevieve,led* s^ Glamorgan au lieu de
1 This declaration was made by a Kaskaskian in the court of Cahokia, because there was
no court in his own village. See Introduciion, p, cxl.
COURT RECORD, JUNE, 1789 385
said Court to be there aflarmed, costs being reserved until the said
time.
At the same Court there appeared before us, the undersigned
magistrates, M. Daniel McElduff, inhabitant of Kaskaskia, who
has requested us to receive his declaration in regard to a theft
and house-breaking, which was made at his house in the said
village of Kaskaskia^
And after the said Daniel McElduff made oath before us on the
Holy Gospels to make his declaration sincere and truthful, he
declared that on the twelth of the month of May last — he is not
able to tell the exact hour but it was at the break of day — he
perceived that the shutter of a window of his house had been
forced and that some one had torn away the hinge from the bottom
of it, and that it had been done with force in the preceding night,
and in a moment he noticed that his negress and her child were
missing with several effects and pieces of furniture; that the next
day he was informed by some persons that the negress and her
child were in the possession of M. Glamorgan, merchant of St.
Louis, and that he had been seen on the river with the said
negress and child and two negroes whom he had had seized at
Ste. Genevieve, and that he was ascending the river to return to
St. Louis; and that it would appear that M. Glamorgan made
the abduction of the said negress at night from his house; that
some days before, the deponent, being at St. Louis, went to see
M. Glamorgan in order to pay him or to make arrangements; that
he had offered him slaves to make a sale thereof for him; and
that M. Glamorgan had offered them to M. Dubreuil and that
after having spoken to him himself, the deponent agreed with M.
Dubreuil, for the price of eighteen hundred piastres, to sell him two
negroes, two negresses and two children; of this sum M. Dubreuil
was to remit nine hundred piastres to M. Glamorgan in treasury
notes or peltries as instalment on that which he, the deponent,
owed, and that he would receive the other nine hundred piastres in
hard cash from the hands of M. Dubreuil. This was signed by
agreement between M. Dubreuil, M. Glamorgan, M. George
Morgan, and the deponent who pledged himself to deliver the
386 ILLINOIS. HISTORICAL COLLECTIONS
tenir sa Convention a Surpris une saisie de M^ Peyrdt Commandant
a S* Louis p^ semparer des dits Esclaves. a qui le S^ francois valde
a Eu ordre de M^ peyroux de les remetre et les a traduit a S* Louis
ou ils sont En sa posession Et a remis a M^ dubreuil la Convention
quils avoient signd Entreux. et que quelque jours aprds il est
descendti avec deux negres p^ faire la fraction Et lenlevement de
la negresse qui avoit reste. ainsy quil le depose En tete de la
presente declaration.
que comme une pareille tromperie ne peut etre regardde que
Comme un vol manifeste Et Enlevement nocturne fait avec frac-
tion, et une supercherie manifeste le declarant a requis acte contre
led^ s^ Glamorgan p^ Le poursuivre Criminellement ou il pouroit
etre trouve requerant a cette fin quil luy soit delivre contre led^ de
Glamorgan une prise de Corps pour etre pris et arrete sur cette
Rive sil peut y Etre decouvert declarant que sa presente deposition
Est sincere Et Veritable sous le sermant quil a fait.
[Signed]
Ducharme Daniel McElduff
pierre laperche B*^ Dubuque
Phillipe Engel A^ Girardin.
Et Ledit jour En vertu de la declaration ci dessus faite par le
S^ daniel mich^ Doff Et de Sa requisition au bas dicelle. il es enjoint
et ordonne aux bailly. ou huissier de cette dependances ou autres
quil apartiendra sur cette Rive ameriquaine de Saisir Et arreter Le
Corp et personne du S^ de Glamorgan par tout ou il poura etre
trouve sur cette terre et dependance ameriquaine pour etre detenti
prisonnier dans les prison de cette cour ou autres ou il poura etre
pris jusques a son Entiere justification et quil en soit par justice
ordonne donne par la Cour lesd^ jour Et an.
A^ Girardin.
1 At the end of the volume containing thesettlement of the Charleville estate, — Cah.Rec,
in Belleville, III., there has been bound the follov/ing letter addressed to Antoine Girardin:
"Sir: When I was last at St. Louis, I settled all matters in Difference between me and Mr.
James Glamorgan, for which reason and in pursuance of our Settlement I beg that the process
issued out of your Court at my Instance, may. (if you & the Court should think proper) be
stopped & that no further Proceedings may be made therein.
On my Return from St. Louis to this Place I called at your House with the Intention of
giving you the same advice but as I was not fortunate enough to find you at Home I take this
opportunity to inform you of it. I am Sir your most obedient & very obliged humble servant,
Danl McElduff. Kaskaskia gth July 1789 "
COURT RECORD, JUNE, 1789 387
said slaves at Ste. Genevieve at the house of M. Vall^ ; and this
he had done, with the exception of a negress who was in child
bed and whom he had agreed to send after her recovery. After
the said negroes were sent across to Ste. Genevieve, the said M.
Glamorgan, instead of keeping his agreement, obtained by deceit a
writ of seizure from M. Peyrez, commandant at St. Louis, to obtain
possession of the said slaves and M. Fr. Vall^ received an order
from M. Peyrez to deliver them to him; and he took them to St.
Louis where they are in his possession; and he delivered to M.
Dubreuil the covenant which they had signed together; and that
some days after, he came down with two negroes to make the
house-breaking and abduction of the negress who remained be-
hind, even as the deponent has deposed in the beginning of the
present declaration.
That, since such a deception could only be regarded as a
manifest theft and nocturnal abduction with house-breaking
and manifest fraud, the deponent prayed for a writ against the
said M. Glamorgan to prosecute him by criminal action, where
he may be found; praying to this end that there be delivered to
him a capias for his apprehension and arrest on this bank, if he
can be discovered here; and he declares under the oath which he
has made that his present deposition is sincere and true.
[Signed] •
DuGharme. Daniel McEldufif.
Pierre Laperche. Bte. Dubuque.
Philippe Engel. Ant. Girardin.
And the same day in virtue of the declaration hereabove made
by M. Daniel McElduff and of his requisition there below, com-
mands and orders are given the bailiff or huissier of this depend-
ency, or others whom it shall concern on this American bank, to
apprehend and arrest the body and person of M. Glamorgan where-
ever he can be found in this land and American dependency that he
may be detained a prisoner in the prison of this Court, or of others
where he may be apprehended, until his entire vindication and a
decree thereof by justice has been made. Given by the Court the
said day and year.' Ant. Girardin.
388 ILLINOIS HISTORICAL COLLECTIONS
a la meme cour.
delivr^ une Saisie au s^ pierre laCoste Centre Chatelereau pro-
visoire et privilegie avec injonction au S"^ mailler de la faire Ekccu-
ter p^ la s^ de de [sic] douze Cent quatre dix livres quatre sols en
pelterie.
La Cour est ajourride au i^'" juillet prochain.
A* Girardin.
du lo [?] juin delivrd une saisie contre pierre Billet a la requisi-
tion de piere La fleur pour saisir un Boeuf ou une jeune paire de
boeuf quil a Echange a piere martin.
du i8 juin delivre un ordre a francois harnoux p^ faire payer
13 minots de bled a la sucession de moore p^ Les frais de recolte
adresse a M^ Biggs Et Bond Executeurs testamentaire.
du 30 [sic] juin delivre une saisie a B^^ mercier Entre les mains
de B*^ alary sur Charles Bequet p^ saisir neuf piastres que led^
alary doit a bequet.
du 23 juin 1789. Delivre une Saisie a David Waddel pour
saisir conservatoirement Et privilegier™* Les Biens mobiliairs Et
Effets app^^ a francois Clark tant a la belle fontaine grand Ruis-
seau que autres Endroits de ce district, ladite saisie portant prise
de Corp contre led^ francois Clark pour la somme de six Cent vingt
huit livres en piastres Echus depuis le 1®^ 8^^^ 1788 a deffaud par
luy de payer signee led* ordre dantoine girardin Presidant.
du 30 juin. Delivre une ordre dassignation a Isidore savoy
dit Cadien contre m^ de S* pierre curd p^ paroitre a la courdu i^^
juillet.
du meme. jour, delivrd un ordre dassignation a Gabriel Baron
Contre pierre martin p^ paroitre a la meme cour.
Evidently a later insertion after the follo^ving entries were made.
COURT RECORD, JUNE, 1789 389
At the same Court.
Issued a writ of seizure to M. Pierre LaCoste against Chatele-
reau, provisional and privileged, with injunction to M. Mailhet to
have it executed for the sum of twelve hundred and forty livres four
sols in peltries.
The Court adjourned to the first of next July.
Ant. Girardin.
June io[?], issued a writ of seizure against Pierre Billet at
the requisition of Pierre Lafleur to attach an ox or a yoke of
young oxen which he exchanged with Pierre Martin.
June 18, issued a summons to Frangois Harnoux to compel
the estate of Moore to pay 13 minots of wheat for the costs of the
harvest, addressed to MM. Biggs and Bond, testamentary
executors.
June 30 ^ issued a writ of seizure to Bte. Mercier into the
hands of Bte. Alarie on Charles Becquet to seize nine piastres
which the said Alarie owes Becquet.
June 23, 1789, issued a writ of seizure to David Waddel to
seize by way of preservation and privilege the personal goods
and effects belonging to Francis Clark in Bellefontaine,
Grand Ruisseau and other places of this district. The said writ
of seizure contains a capias against the said Francis Clark for
the sum of six hundred and twenty-eight livres in piastres^ due
since October i, 1788; given for default of payment by him and
the said writ is signed by Antoine Girardin, President.
June 30, issued a summons on complaint of Isidore Savoy
called Cadien against M. de St. Pierre cure that he appear at
the Court July i.
Same day, issued a summons to Gabriel Baron against Pierre
Martin that he appear at the same Court.
390 ILLINOIS. HISTORICAL COLLECTIONS
a line Cour du l^^ juillet 1789.
M'^ ant® girardin Presidant B*® Dubuque
Philipe angel Louis Chatel
Charle Ducharme henry Biron
p'"® Laperche
M"^ Charles cadron demandeur Centre Maturin Bouvet
deffendeur
Le S"" Charles cadron Reclame une Cloche Centre le S^ Bou-
vet quil dit SEtre Reserve de paroUe verballe. Et comprise dans
ses autres meubles quil Sest reserve par son contrat de vente con-
senty aud* s^ Bouvet Et a declare quil Setoit reserve Expresse-
ment la Cloche de parole verbale avec led* s^ Bouvet.
oui led* S^ Bouvet quil a dit que le s^ Cadron lui avoit vendli
la Cloche Et quelle faisoit partie du fond Etant Clou^ Et atach^e
sur deux poteaux En terre avec des planches Clou^e dessus
les poteaux Et quil dit faire partie du terrain comme y Etant
atach^e et plante.
Led* S^ S* pierre [sic] a replique que quoy que la Cloche ne
soit pas expressement reserve Sur le contract, quil Se lest reserve
par trois fois de parole verbale avec led* s^ Bouvet.
ce que led* S^ Bouvet a desnie et a soutenu que led* s^ Cadron
la luy avoit vendue ce qui a Ete Egalement deni^ par led* s^
Cadron qui a Soutenii que la Cloche lui apartenoient.
Vu les demandes repliques et reponses des parties la Cour
aprds avoir murement delibere que la Cloche Etant atachee sur
des Poteau plante en terre Et couverte avec des planches, fait
partie du fond Et y est accessoire Et en concequance ne pou-
vant S'oter Sans fracture ny ayant dailleurs aucune Conven-
tion particuliere par Ecrit qui prouve que led* s'" cadron se Lest
reserve particuHerement. ladite Cour adjuge la Cloche au
fond Comme En faisant partie, condamne le s^ Cadron aux frais
de la sentence.
M^ de S* pierre cur6 de cette paroisse a present^ une requete
en datte de cejourdhuy Reclamant des madriers apartenant a
^ A large bell used to call the farm-hands to meals.
'^ A clerical error M de St. Pierre was in the room waiting for his suit to be called.
COURT RECORD, JULY, 1789 391
At a Court, July i, 1789.
MM. Ant. Girardin, President. Bte. Dubuque
PhDippe Engel. Louis ChateL
Charles DuCharme. Henry Biron.
Pierre Laperche.
M. Charles Cadron, Plaintiff, vs. Maturin Bouvet, Defendant.
M. Charles Cadron claims a bell from M. Bouvet which he said
he had reserved by verbal agreement and included with the other
pieces of furniture which he had reserved by his contract of sale
entered into with the said M. Bouvet, and he declared that he
had reserved the bell expressly by verbal agreement with the
said M. Bouvet.
Heard the said M. Bouvet who said that M. Cadron had sold
him the bell and that it was part of the grounds, as it was nailed
and attached to two posts set in the earth and planks were
nailed above the posts, and that it made part of the land as being
attached to and planted therein K
The said M. St. Pierre [M. Cadron ?] ^ replied that although the
bell was not expressly reserved in the contract, that he reserved
it three times by verbal agreement with the said M. Bouvet.
This the said M. Bouvet denied and maintained that the said
M. Cadron had sold it to him, which has been equally denied by
the said M. Cadron, who maintained that the bell belonged to
him.
In consideration of the prayers, replies and answers of the
parties and after having maturely considered that the bell, since it
was attached to posts set in the ground and covered with planks,
made part of the grounds and is appurtenant to it and consequently
could not be taken away without breaking, and that besides there
was no specific agreement in writing which proves that the
said M. Cadron reserved it particularly, the said Court adjudges
the bell to the grounds as making part thereof and condemns
M. Cadron to pay the costs of the judgment.
M. St. Pierre, cure of this parish, presented a petition under
date of to-day, in which he claims some joists belonging to the
church of Cahokia, which are in the house belonging to Pierre
k
392 ILLINOIS HISTORICAL COLLECTIONS
L Eglise des cahos qui sont dans la maison vendue par decret
a la porte de leglise saisie en vertu de Ihypoteque que deffunt du-
buque avoit sur ladite maison app*® a pierre martin, dont les mar-
guilier ont fait leur declaration a la deux^ Cri^e ladite maison
adjuge a M^ dumoulin a la troisieme Cn6e pour deux cent Cinq
livres. ladite Cour assemblee ordonne sur ladite requete que
les madriers Seront payez a raison de trois livres la piece par qui
il apartiendra suivant lestimation qui En a Ete cy devant faite
et que sil ne se trouvoit pas la quantity que martin a Emprunt^
dans sa maison que ce qui sen manquera sera pay^ sur le prix
de Adjudication de la maison.
Isidore savoye dit cadien Contre M^ S* pierre Curd
Le demandeur Reclame quatre minots de pois que M'" S^
pierre lui a saisy et quil a laisse aprds la saisie laissd pourir dans
lendroit saisy, lesdits pois a raison de lo^^ le minot font 40^^ ladite
Saisie ayant ete faite p^ 14^^ que led^ savoye off re de diminuer
sur les 40^^. oui M^ S^ pierre par M^ philipe angel qui a dit que
led* demandeur ne sEtoit pas arange avant son depart p^ Les
petites cotes, parties ouis la Cour a condamne M^ S* pierre a
payer aud* saye [sic] demandeur la somme de vingt six livres p^
lexedant de la perte des pois Et aux frais liquidez a 15^^.
A* Girardin
Le S^ Labuxiere a represent^ quil avoit fait toutes Ses dili-
gences p^ le recouvrement de la sucession de deffunt dubuque
Et meme fait son protest a la porte de lEglise dont la Cour a Con-
noissance. En concequance il luy sera tenu compte de Son
recouvrence et tant des Billets quil naura pu recouvrer que de
ceux quil a recouvre a dix p^ Cent En fais[an]t par luy aux
debiteurs une simple sommation de payer par Ihuissiei*.
du 5 juillet. delivre une saisie et arret a francois Chevalier
Contre antoine lamarche jusqua ce quil se soit arange Entreux.
^ St. Charles, in Missouri.
COURT RECORD, JULY, 1789 393
Martin, that was sold by decree at the door of the church, after
being seized by virtue of the mortgage which the deceased Du-
buque had on the said house; concerning which joists the church
wardens made their affidavit at the second crying of the auction,
and the said house was adjudged at the third crying to M. Du-
moulin for two hundred and five livres. The said Court assem-
bled decrees concerning the said petition that the joists shall be
paid for at the rate of three livres the piece by whomsoever it
shall concern in accordance with the appraisement which has
herebefore been made of them; and that, if there should not be
found in the house the quantity that Martin borrowed, what
is lacking shall be paid for out of the price of the auction sale of
the house.
Isidore Savoy called Cadien vs. M. St. Pierre, cur^.
The plaintiff claims four minots of peas which M. St. Pierre
seized and which he allowed to rot in the place where they were
seized. The said peas at the rate of 10 livres the minot amount to
40 livres and the said seizure was made for 14 livres, which the
said Savoy offers to deduct from the 40 livres. . Heard M. St.
Pierre, represented by Philippe Engel, who said that the said
plaintiff had not made arrangements before his departure for the
Little Bluffs.^ Parties heard, the Court condemned M. St.
Pierre to pay to the said Savoy, the plaintiff, the sum of twenty-
six livres for the excess of the loss of the peas and to pay the
costs, set at 15 livres. Ant. Girardin.
M. Labuxiere set forth that he had made all diligence possible
in the collection of the debts due the estate of the deceased Du-
buque and had even made his protest at the door of the church, of
which the Court has knowledge. Consequently there shall be
allowed him for all his labor of collecting the notes, both for
those on which nothing has been paid and for those which he has
collected, ten percent, after he has made a simple summons to
pay through the huissier.
July 5, issued a writ of seizure and arrest to Francois Chevalier
against Antoine Lamarche to be in force until arrangements are
made between them.
394 ILLINOIS HISTORICAL COLLECTIONS
A une Cour tenue Extraordinairement le 14 juillet 1789
' tenue par
M^^ ant® girardin presidant Louis chatel
jean B*® dubuque henry Biron
Charle ducharme pierre Laperche
Philipe angel
Entre IzrooRE savoye et Catherine Pencrasse sa femme
plignant demandeurs Contre jean B*® LaBecasse acus^
detenu aux fers au deffau de prison deffendeur
Ladite Catherine pencrasse accuse ledit jean B*"^ LaBecasse
davoir et^ ches Elle luy demander si elle vouloit venir avec Sa
femme p^ Ramasser des mures Et quelle luyavoit Repondti que
ouy, quil lavoit prise En croup deriere luy et quil avoit passe le
pont de la prairie du pont et avoit suiyy le vieux Chemain des
clostures et quetant dans le Chemain ledit la Becasse avoit fourche
un petit sautier dans le Bois, quelle luy avoit dit ou me mene tu
ce nest pas la le Chemain quil luy avoit dit alors Etant avance
dans le Bois descend, il faut que je jouisse de toy. qualors Elle
avoit dit que cela ne seroit pas Et quelle ny Consenteroit pas.
quetant descendue de Cheval led^ La Bacasse lavoit prise et la-
voit jetee par terre malgre les Cris quelle jetoit Et malgre toute sa
resistance et quil en avoit joui Et lavoit violee nayant pas asez
de force p'* soposer a son Entreprise Et quil luy avoit meme meur-
tri un Sain ou elle avoit deja mal quil lui avoit Ensuite demande
si elle vouloit quil la ramene au village, quelle ne sy etoit pas
oposde parce quelle se trouvoit dans le bois et quil lavoit Ramenee
jusques au pont ou elle avoit descendu de deriere luy et quil la-
voit quittee a cet Endroit dans un Etat de la plus grande afflic-
tion.
(Oui aussi led* Labecasse qui est conventi avoir Ete Chercher
ladite Catherine pencrosse ch^selle p^ aler aux mures et quil convient
luy avoir fait la proposition En Chemain mais quil ne lavoir point
touchee ni forcee Et quil convient avoit tor de luy avoir fait cette
proposition quil etoit pris de Boisson Et que ladite pencrasse
nacuse pas la verity lors quelle dit quil la forcee, que voyant
quelle ne vouloit pas consentir il lavoit Ramen^ au pont ou il
COURT RECORD, JULY, 1789 395
At a Court meeting in special session, July 14, 1789, held by
MM. Ant. Girardin, President. Louis Chatel.
Jean Bte. Dubuque. Henry Biron.
Charles DuCharme. Pierre Laperche.
Philippe Engel.
Isidore Savoy and Catherine Pencrasse, on complaint of
his wife, Plaintiffs, vs. Jean Bte. Labecasse accused
and held in irons for lack of prison, defendant.
The said Catherine Pencrasse accuses the said Jean Bte.
Labecasse of coming to her house to ask her if she wished to
come with his wife to gather mulberries and that she had answered,
"yes;" and that he had taken her behind him on the croup and
that he had passed the bridge of the Prairie du Pont and had
followed the old road of the enclosures, and that being in the
road the said Labecasse had turned ofif on a little path in the
woods; and that she had said to him: ''Where are you taking
me? This is not the road;" that he had said, after having ad-
vanced into the woods: "Get down! I must enjoy you;" that,
when she had said that this should not be and that she would
not consent thereto, he, having dismounted, had taken her and
thrown her on the ground in spite of the cries which she uttered
and in spite of all her resistance, and that he had enjoyed her and
had violated her, since she did not have enough strength to oppose
his undertaking; and that he had even bruised one of her breasts
which was already sore; that he had afterwards asked if she
wished him to ^take her to the village and that she had made no
opposition because she was in the woods; and that he had brought
her back to the bridge, where she had dismounted from behind
him; and that he had left her in that place in a condition of
greatest affliction.
Heard also the said Labecasse who acknowledges that he had
sought out the said Catherine Pencrasse at her house to go for
mulberries; and he acknowledges that he had made the proposal
to her on the road, but he says he did not lay his hands on her
or force her; and he acknowledges that he was in the wrong in
having made the proposal to her and that he had been drinking;
396 ILLINOIS HISTORICAL COLLECTIONS
lavoit quitt^e. qui est tout ce quils ont dit pour leurs demandes
et deffences.
Le tout examine Et consider^ la Cour ayant En connoissance
que ladite Catherine pencrasse setoit deja exposee il y a deux ans
a Etre forcde par ledit Labecasse par le recit qui en a Ete fait au
presidant de la cour Et Setant de Nouveau exposee volontaire-
ment aux Entreprises dud* Labecasse p^ avoir accepte la partie
de mures quil luy a propose Et ayant dans le Bois remont^ deriere
led* labecasse p^ sen revenir au village apres le pretend\i viol
quelle dit avoir Etd commis En sa personne. ce qui paroit a la
Cour quelle na pas Evit^ ny Eloigne le danger dont EUe se plaint
au Contraire quelle y a donn^ occasion. La Cour par Delibera-
tion a mis les parties hor de Cour Et de proces a ce sujet Et leur
impose silance pour le pretendu viol, deffend aud* Labecasse
d'atenter a lavenir sur la Chastete de ladite pencrasse et le Con-
damne a rester deux fois vingt quatre heures au fers a la garde
du bailly de La Cour ou il Sera noury au pain et a leau a
commencer de ce jour heure presente En joint au bailly dy
tenir la main Et que la presente punition soit observe Et ce
a cause de latentat que led* Labecasse a forme contre la vertu
de ladite pencrasse. Condamme ladite Cour les parties En
Chacun la moiti^ des frais de Lextraordinaire ce qui sera
Execute.
[Signed]
DuCharme Philipe Engel
sa B*^ Dubuque
Louis + Chatel hBi
marque pierre Laperche
Labuxiere grefier A* Girardin.
Sur les representations faite a la Cour par M^ francois trotier
commandant de ce poste des propos inconcidere tenus publique-
ment par M^ francois saucier dans la Boisson, ou il a manque a
plusieurs personnes En leur offrant les armes avec des termes
impropres et refusant dobejir a la garde qui avoit ordre de Lar-
reter et avoir Cause du scandale la Cour ordonne que led* s^
saucier tiendra prison vingt quatre heures Et le Condamme en
COURT RECORD, JULY, 1789 397
and he says that the said Pencrasse does not speak the truth,
when she says that he forced her; that when he saw that she was
unwilling to consent, he had brought her back to the bridge where
he had left her. This is all that they have said in regard to their
prayers and defences.
All examined and considered the Court knowing, from a recital
which has been made to the president of the Court that the said
Catherine Pencrasse has once before, two years ago, exposed herself
to being forced by the said Labecasse and that she again vol-
untarily exposed herself to the undertaking of the said Labecasse
by having accepted the invitation to go berrying, which he proposed
to her, and that in the woods she remounted behind the said
Labecasse to return to the village after the pretended violation,
which she says had been committed on her person, is of the opin-
ion that she has not avoided nor kept out of the way of the
danger of which she complains, but that on the contrary she gave
occasion to it. The Court by decree non-suits the parties and
imposes silence in regard to the pretended violation, and forbids
the said Labecasse to make an attempt on the chastity of the
said Pencrasse in the future and sentences him to remain two
times twenty-four hours in irons in the custody of the bailiff of the
Court, where he shall be fed on bread and water commencing from
this day, the present hour, and commands the bailiff to see to it that
the present punishment be observed and this because of the attempt
which the said Labecasse made on the virtue of the said Pencrasse.
The said Court condemns each of the parties to pay half of the
costs of the special session for which there will be execution.
[Signed]
DuCharme. Bte. Dubuque
Philippe Engel. hBi
His Pierre Laperche.
Louis 4- Chatel Ant. Girardin.
mark
Labuxiere, Clerk.
On the representation made to the Court by M. Francois
Trottier, commandant of this post, of the thoughtless talk made
398 ILLINOIS HISTORICAL COLLECTIONS
•
six piastres damande p^ Leglise ce qui sera execute, le con-
damne aux frais
[Signed]
DuCharme Pierre Laperche
Philipe Engel B^^^ Dubuque
sa hBi
Louis + Chatel A* Girardin.
marque
Labuxiere N^®
a une autre cour extraordinaire du meme jour.
Entre Louis Coste demandeur Contre Ignace Chatigny
deffendeur
Le demandeur se plain contre led* ignace Chatigny de ce quil
luy a pris un Boeuf dans la Commune et quil la donne au s^
bausoleil p^ le tuer au moyen dun quartier quil sest reserve luy
disant quil le lui abandonne comme layant gagne au jeu. que
luy Coste a dit a Chatigny quil ne luy donneroit pas de Boeuf
mais quil aloit le payer ce que led* Chatigny avoit accepte, que
malgre leur Convention led* s'" Chatigny lavoit fait prendre et
lavoit fait tuer aujourdhuy Sans ordre ny Consentement dud*
demandeur au prejudice de leur Conventions.
oui led* Chatigny qui reconnu quil Etoit Convenu avec led*
Coste de recevoir le billet dud* Coste En payement, mais quay-
ant tarde a luy remetre le Billet Et ayant refuse a francois lapen-
see de livrer le billet il avoit dit a Beausoleil de Sen aranger pourvii
quil luy en donne un quartier.
Le demandeur a replique quil avoit gagne ce Boeuf aud*
Beausoleil, que led* Beausoleil le luy avoit livre. Et que le s^
Chatigny ne devoit pas en disposer ny Se payer par Ses mains,
apr^s Etre Convent de Saranger Entreux Et de Recevoir le Bil-
let du demandeur.
led* Chatigny a demande la deposition de francois lapens^e
qui a linstant est Conparii apres sermant par luy fait de dire la
verite a dit qutant [sic] present au jeu des parties. Et quapres que
led* Coste a En perdu le Boeuf quil a dit a Chatigny le Boeuf est a
vous il vous apartient Et que le s^ alary sy Etant trouve luy dit
/*;r<- •
(f/?. t ^.7^ ^^«^ ccJ^utfC. ^ ct/l^i/ 4'/^t,< ,y^fr.
L
^v--*
/ / /^
Facsimile of a Page from the Record of the Cahokia Court,
Joseph Labuxiere, Clerk.
COURT RECORD, JULY, 1789 399
publicly by M. Francois Saucier while under the influence of
drink, wherein he insulted several persons by challenging them
and using improper expressions, and of his refusal to obey the
guard who had an order to arrest him and of having been the
occasion of scandal; the Court decrees that the said M. Saucier
shall be confined in prison for twenty-four hours and condemns
him in six piastres fine to the church for which there will be
execution. Condemned him to pay the costs.
[Signed]
DuCharme. Pierre Laperche.
Philippe Engel. Bte. Dubuque.
His H B i
Louis + Chatel. Ant. Girardin.
mark Labuxiere, Notary.
At another Court in special session of the same day.
Louis Coste, Plaintiff, vs. Ignance Chatigny, Defendant.
The plaintiff brings complaint against the said Ignance Chati-
gny that he took an ox of his in the commons and gave it to M,
Beausoleil to slaughter on condition of a quarter being reserved
for himself, and he said to the plaintiff that he had lost it to him,
since he (Chatigny) won it at play; that he, Coste, said to
Chatigny that he would not give him any ox, but that he was
going to pay him and this the said Chatigny had accepted; that
in spite of their agreement the said M. Chatigny had had it
taken and slaughtered to-day without order or consent of the
said plaintiff and contrary to their agreement.
Heard the said Chatigny who acknowledged that he had agreed
with the said Coste to receive the note of the said Coste in pay-
ment; but, since he had delayed remitting the note and had
refused to deliver the note to Franfois Lapance, he had said to
Beausoleil to make his arrangements about it, on condition that
he gave him a quarter thereof.
The plaintiff replied that he had won this ox from the said
Beausoleil and that the said Beausoleil had delivered it to him;
and that M. Chatigny ought not to have disposed of it nor have
paid himself by his own hands, after having agreed to make
400 ILLINOIS HISTORICAL COLLECTIONS
a coste si vous ne jugez pas propos de venir le livrer je le Connois
je vous le montreray.
Le S'" B*^ alary est comparii apres sermant par luy fait de dire
la verite. a dit quil avoit offert de montrer le Boeuf a Chatigny par-
ce quil le Connoissoit, Mais que Coste Navoit Rien repondu,
quil avoit Seulement dit Nous verrons,
parties ouis avec les temoins la Cour Condamne le s'^ Chatigny
a rendre ou payer un pareil Boeuf aud* Louis Coste sans delais Et
Ennule le jeu Entreux condamnons En outre led* Chatigny aux
frais de Lextraord^^ ce qui sera execute, les quels frais montant
a deux cent trente Cinq livres seront payez aud* Coste par led*
Chatigny Sans delais.
[Signed]
Philipe Engel DuCharme
Pierre Laperche hBi
sa B*^ Dubuque
Louis + Chatel A* Girardin.
marque
29 juillet La Cour est ajourn^e au i®^ aoust 1789.
Delivre un ordre d'assignation a francois harnoux contre
michel peltier dit antaya p^ paroitre a la Cour du i^^ aoust pro-
chain.
30 juillet delivre a M^ jean dumoulin une saisie provisoire et
Conservatoire des sucres Effets pelterie, Creances et debtes que
le s^ Jean B*® dubuque a Entre Ses mains appartenants au S^
LaCoste actuellement a la riviere des ilinois avec deffences de
Sen dessaisir quil nen soit par la Cour ordonn^.
J"^ Dumoulin.
7 aout delivrd un ordre a M^ aRondel Contre Louis Coste.
1 No reason known for the heavy costs.
COURT RECORD, JULY, 1789 , 401
arrangements with him and to receive the note from the plaintiff.
The said Chatigny demanded the deposition of Francois La-
panc^, who now appeared and after oath had been made by him
to tell the truth, said that he was present at the game between
the parties, and that, after the said Coste lost the ox, he said
to Chatigny, "The ox is yours, it belongs to you," and that M.
Alarie who was present said to Coste: "If you do not judge it
fitting to come to deliver it, I know it and will show it to you."
M. Bte. Alarie appeared and after oath was made by him to
tell the truth, said that he had offered to show the ox to Chatigny,
because he knew it; but that Coste had answered nothing, that
he had only said, "We will see."
After the parties and the witnesses were heard, the Court con-
demns M. Chatigny to render, or pay for, a similar ox to the said
Louis Coste without delay and annuls the play between them.
We condemn furthermore the said Chatigny to pay the costs of
the special session, for which there will be execution. These
costs amount to two hundred and thirty five livres and shall be
paid to the said Coste by the said Chatigny without delay. ^
[Signed]
Philippe Engel. DuCharme.
Pierre Laperche. hBi
His Bte. Dubuque.
Louis + Chatel Ant. Girardin.
mark
July 29, the Court adjourned to August i, 1789.
Issued a summons to Francois Harnoux against Michel Pelle-
tier called Antaya that he appear at the Court of the first of next
August.
July 30, issued to M. Jean Dumoulin a provisional and con-
servative seizure of the sugar, effects, peltries, claims and debts,
which M. Jean Bte. Dubuque has in his possession, belonging to
M. LaCoste at present at the Illinois river, with prohibition to
divest himself thereof except he be ordered thereto by the Court.
Jn. Dumoulin.
August 7. Issued a summons to M. Arundel for Louis Coste.
402 ILLINOIS HISTORICAL COLLECTIONS
a line Cour du 8 aoust 1789.
M?"^ antoine girardin Philipe angel
B*^ dubuque Louis chatel
Charles ducharme henry Biron
Le S' William aRundel demandeur Contre Louis Coste
deffendeur
Le demandeur demande au defifendeur la livraison de Six
milliers de farine quil luy doit par Ses Billets Echus ne pouvant
atendre plus long terme a cause de Son Voyage de misilimakinac
Et quil soit Condamn^ aux frais.
Qui le deffendeur quil a reconnti Ses Billets Et devoir ladite
quantite de farine et a dit p^ deffences quil offroit de payer mais
quil avoit Besoin de quelques jours de delais pour pouvoir faire
batre son Bled, le faire moudre et faire payer ceux qui lui doivent,
quil requeroit un delais sufl&sant. qua bout du terme que le s'"
arondel pouroit luy accorder ainsy que la Cour il prometoit de
payer En Entier.
Vu par la Cour les Billets dud* Coste Echus. Et les recoltes
que Ion vient de finir.
La Cour du confeentement dud* s'^ arondel a accord^ aud*
Coste le reste de ce present mois daoust pour payer les six
milliers de farine aud* s^ aRundel p^ tous delais, faute de quoy
Et led* tems passe le condamnons a payer Sans delais a quoy
faire il sera Contraint par saisie Et vente de Ses Biens le Con-
damnons aux frais et depens.
Le S^ Grassiot Negociant de la Rive espagnole Est intervenii
pour la dame veuve Groot lequel a demande quil soit surcit
toutes poursuittes ny quil soit donne aucunnes Saisies Et Rendii
aucunnes sentences Contre la Succession dud* deffunt groot son
Mary quelle n'ait pris Connoissances des Creances de ladite suc-
esion Et des Biens dicelle afin de pouvoir Se metre En Etat de
payer un Chacun Si la Sucession Suffit.
Sur quoy la Cour a accorde au s'" grassiot p^ ladite veuve dicy
au mois de Novembre prochain p^ tout delais pour prendre les
Connoissances Requises. Se reservant ladite Cour le droit et
privilege darreter et Saisir Lesdits Biens qui sont sur Son district
COURT RECORD, AUGUST, 1789 403
At a Court, August 8, 1789.
MM. Antine Girardin. Philippe Engel.
Bte. Dubuque. Louis Chatel.
Charles Ducharme Henry Biron.
M. William Arundel, Plaintiff, vs. Louis Coste, Defendant.
The plaintiff demands of the defendant the delivery of six
thousand pounds of flour, which he owes him according to his
matured notes, and for which the plaintiff cannot wait longer
because of his journey to Michillimakinac; and prays that the
defendant be condemned to the costs.
Heard the defendant who said that he acknowledged his
notes and that he owed the said quantity of flour, and said for
defence that he offered to pay, but that he needed some days
delay in order to have his wheat thrashed and ground, and to
make those pay who owed him, and that he prayed for a sufficient
delay; that, at the end of the time which M. Arundel and the Court
could grant him, he promised to pay in full.
The Court having seen the matured notes of the said Coste
and the crops, the harvesting of which has just been finished, with
the consent of the said M. Arundel, granted the said Coste the
balance of this present month of August to pay the six thousand
pounds of flour to the said M. Arundel and no longer; in default
of which after the said time is passed, we condemn him to pay
without delay, to do which he shall be constrained by seizure and
sale of goods. We condemn him to pay the costs and charges.
M. Gratiot, merchant from the Spanish bank, intervened for
Madame Groot, widow, and prayed that there be stayed all suits
and that there should not be given any seizures nor rendered any
judgments against the estate of the said deceased Groot, her
husband, until she has informed herself of the assets of the said
estate and of the goods thereof in order to be in a position to pay
each creditor, if the estate sufficed.
Whereupon the Court granted M. Gratiot for the said widow
from now to the month of November next and no longer in order
to obtain the requisite knowledge; and the said Court reserves
to itself the right and privilege to attach and seize the said goods
404 ILLINOIS HISTORICAL COLLECTIONS .
qui ne pouront ^tre transferez Sur lautre Rive sans quau prealable
Et avant toute Choses les Creanciers de ce District ne soient
Entierm* payez et Satisfait de ce qui poura leur Etre dub. Et
En Cas de refus de payement lesd* Biens etre vendus jusques a
parfaite liquidation Par deliberation.
A* Girardin.
Sur les contestations Entre Pierre troge Et Jacques Piquet
pour une petite fiUe remise par la dame piquet a la dame troge.
Et que ladite femme piquet Reclame La Cour a decidd que la
dame troge Rendra lenfant a la femme piquet Sa mere, Sous les
conditions que piquet ou sa femme payeront a la dame troge sa
penssions Entretiens Soins et peines quelle a pris depuis quelle
la et du jour que ladite piquet la luy a remise sur le compte que
produira le s^ troge ou sa femme qui sera taxe par deux arbitres
qui nommeront un troisieme En Cas de Contestations Entreux,
Et le reliquat de compte paye comptant aud^ troge par led* piquet
et sa femme avant d'Enlever L'enfant ordonnons aud* piquet dy
satisfaire sans delais.
La Cour est adjourn^e au i^^ de 7^^^ prochain.
A* Girardin.
7 Aout delivre un ordre a francois Clark contre david Wad dell
p^ paroitre a la cour du i^^ 7^^^ avec deffences de metre la saisie
quil a obtenu contre led* Clark a execution, non plus que de trans-
porter les Billets dud* Clark a peine de nulite des transports.
10 aoust delivre un ordre a Benjamain B'ayram Contre david
Waddel p^ paroitre a la Cour prochain du i^^ 7^^^.
15 aoust Delivre un ordre de Saisie au S^ Bouvet Contre le
Nomme Buyat p^ saisir Entre Les mains de piere troge le bled ou
autre Effets quil peut avoir Entre ses mains app* aud* Buyat p^
surete de la somme de Cinquante sept livres quil doit aud* S^ Bou-
vet. avec deffences de Sen dessaisir a peine dEn repondre la dite
saisie donne par jean B*^ dubuque magistra a bas du compte dud*
S^ Bouvet.
N Bouvet.
du 5 7^^"^ delivr^ un ordre a Charles quil [sic] habitant de la
prairie du pont Contre Nicolas schemitz du grand Ruisseau p^
paroitre a la Cour de mardy prochain 8 de ce mois.
COURT RECORD, AUGUST, 1789 405
which are in this district, which goods may not be transferred to
the other bank until first of all the creditors of this district be
paid in full, and satisfaction made for that which may be due
them; and in case of refusal of payment the said goods are to be
sold up to perfect liquidation. By resolution.
Ant. Girardin.
In regard to the dispute between Pierre Troge and James
Piggott over a little girl confided by Madame Piggott to Madame
Troge and whom the said woman Piggott reclaims, the Court
decided that Madame Troge shall return the child to the woman
Piggott, her mother, under the condition that Piggott or his wife
shall pay Madame Troge for the board, maintenance, care and
trouble, which she has given, since she has had her and from the
day that the said Piggott confided her to her care, according to
the account, which the said Troge or his wife shall bring and
which shall be estimated by two arbitrators who shall name a third
in case of disagreement between them; and the balance of the
account shall be paid in cash to the said Troge by the said Pig-
gott and his wife before taking the child away. We command
the said Piggott to satisfy it without delay.
The Coiurt adjourned to the first of September next.
Ant. Girardin.
August 7. Issued a summons to Francis Clark against David
Waddell that he appear at the Court of September ist, with
prohibition to put into execution the seizure, which he obtained
against Clark, or to assign the notes of the said Clark on penalty
of nullity of the assignments.
August 10. Issued a summons to Benjamin Byram against
David Waddell that he appear at the next Court of September i.
August 25. Issued a writ of seiziure to M. Bouvet against
the named Buyat, to attach the wheat or other effects, which
Pierre Troge may have in his possession belonging to the said
Buyat, for surety of the sum of fifty-seven livres, which he owes
the said M. Bouvet, with prohibition to Troge to divest himself
thereof on penalty of being held responsible for the said seizure
of them. Given by Jean Bte. Dubuque, magistrate, below the
account of the said M. Bouvet. N. Bouvet.
4o6 ILLINOIS HISTORICAL COLLECTIONS
du 7 7^^^ I ordre a M'* aRondel contre ant. harmand dit sans
facon.
dud^ jour un ordre a M^ aRundel Contre j B*« Labecasse.
8 7^^® un ordre a frs monplesir Engag^ disidore LaCroix
contre Joseph marie.
a une Cour du 8. 7^^^ 1789.
M^^ ant® Girardin Presidant henry Biron
B*® DuBuque Philipe angel
p^® Laperche Charle ducharme
8 7^^® deHvre un ordre a Wiliam aRundel contre Louis Coste.
dud* jour a la meme Cour.
M^ William aRundel demandeur Contre Louis Coste defendeur
Sur la requete du s^ aRundel demandant aud* Coste la somme
de onze Cent soixante dixhuit livres Six sols, vu les reponse
dud* coste la Cour a ordonne que la saisie faite par le s^ aRundel
sur Louis Gaud de Cent piastres Sera Bonne et valable a ordonnd
aud* Louis gaud de vuider ses mains En celle du s^ aRundel, et
ordonne p^ les six cent soixante dixhuit livres restant quil payera
contant ou tiendra prison jusqua ce quil ait donne Caution solva-
ble, condamne led* Coste aux Depens Et frais.
dud* jour: delivre un decret a thom Bredy Bailly p^ areter
Louis Coste et le tient a sa garde jusqua ce quil ait donnd caution
au s^ aRundel.
Solivan : Sur Lexpose de jean Solivan quil a prete Sa jument a
jean dempsey qui a Ete tue par les sauvages. la Cour ordonne que
^ I find the name Charles Gill among the names of Americans in Illinois, and suggest it
as the name intended here.
2 The following costs of this case were recorded on a scrap of paper which has been bound
into the book near the end:
jrais contre coste a la demande de Mr aRundel.
pr le pre ordre Et sentence Et copie 1 5
pr I requette du 7 7 bre 10
pr Saisie et serment sur louis gaud 10
pr I ordre de ce jour pr faire venir Coste %
pr la sentence stir la registre 5
pr le decret et enregistrement 5
pr le billet S
COURT RECORD, SEPTEMBER, 1789 407
September 5. Issued a summons to Charles Gill [?]^ in-
habitant of Prairie du Pont against Nicolas Smith of Grand
Ruisseau that he appear at the Court of Tuesday next, the 8th of
this month.
September 7. One summons to M. Arundel against Ant.
Harmand called Sansfacon. Same day. A summons to M.
Arundel against J. Bte Labecasse.
September 8. -A summons to Fr. Monplesir, engagi of
Isidore LaCroix, against Joseph Marie.
At a Court, September 8, 1789.
MM. Ant. Girardin, President. Henry Biron.
Bte. Dubuque. Philippe Engel.
Pierre Laperche. Charles DuCharme.
September 8. Issued a summons to William Arundel against
Louis Coste.
Same day at the same Court.
M. William Arundel, Plaintiff, vs. Louis Coste, Defendant.
At the request of M. Arundel, who demands of the said Coste
the sum of eleven hundred and seventy-eight livres six sols, and
in view of the replies of the said Coste, the Court decreed that
the seizure made by M. Arundel on Louis Gaud of one hundred
piastres shall be good and valid; and it commanded Louis Gaud
to deliver them into the hands of M. Arundel. And in regard
to the six hundred and seventy-eight livres remaining the Court
decreed that he (Coste) shall pay cash or be confined in prison
until he has found solvent bondsman therefor. Condemned the
said Coste to pay the costs and charges. ^
Same day. Issued a decree to Tom Brady to arrest Louis Coste
and hold him in custody until he has given surety to M. Arundel.
Sullivan. On the declaration of John Sullivan that he loaned
to John Dempsey his mare, which had been killed by the savages,'
the Court decrees that the said Sullivan shall take Dempsey's and
that an appraisement shall be made to decide their relative values,
and the difference is to be paid.
3 Dempsey was supposed to have been killed by the Indians, and he was actually scalpedi
but recovered from his wound. — Reynolds, Pioneer History, 143.
4o8 ILLINOIS HISTORICAL COLLECTIONS
led* solivan prendra celui de dempsey Jit sera Estimd p^ savoir si la
valeur vaut celle de dimpsey et la plus ou moins valoir etre payde.
a la meme Cour.
M^ DUMOULIN demandeur Contre Pierre Lacoste deffendeur
Le s^ dumoulin a produit un Compte a luy dub par pierre
Coste de la somme de deux mille onze livres douze sols six deniers
par ses Billets et comptes. lesquels Billets led* LaCoste a reconnii
Veritable Et a produit un compte quil repete contre le s'' dumoulin.
La Cour ordonne que les Billets et Comptes produit par le s^
dumoulin dans lequel est compris les frais des Effets quil a Envoy^
Chercher dans la riviere des ilinois seront payez privilegierement
led* S^ dumoulin Etant p'^ saisissant^ sur la pelterie sucre Et
autres Effets descendus avec les frais de la presente instance et
autres qui seront fait a ce sujet Et quant au compte produit par
le s^ LaCoste ordonne que le Canot y mentionn^ sera pay^ par
le s'" dumoulin avec les autres articles le tout a raport darbitres
Et Gens Connoissant. ordonne en outre que la pelterie de-
scendue sera delivree a M^ dumoulin Sur ce qui luy est dub et
si elle ne suffit les sucres seront vendus demain au Contant au
plus offrant et dernier Encherisseur jusques a la Concurance de
ladite somme Et frais Et si surplus y a depose au greffe p^ etre
remis a Ses autres Creanciers Et a Ete deduit par ces presentes
apres examen fait du Compte produit par led* LaCoste la somme de
quatre vingt Cinq livres p^ le montant dud* compte, Evaluation du
Canot Et medecine partant revient aud* s^ dumoulin dix neuf cent
vingt six livres douze sols six deniers non compris les frais de justice,
a la meme Cour.
Le S^ DeClamorgan demandeur Contre Pierre LaCoste
deffendeur
Le demandeur demande au deffendeur le payement de deux
Billets lun de la somme de quinze mille neuf cent quarante Sept
livres quatorze sols En argent s* son obligation En datte du 30
9^^^ 1787. pass^ au greffe de S* Louis par laquelle il apert que led*
1 The words "Ledl Sr dumoulin Etant pr saisissant" were inserted in the margin. The
asterisk, which marks the place for insertion, was placed after " Sr " and before "La Coste,"
below. Since the expression is without meaning in that place, I have inserted it here. In
both cases the place of insertion falls at the beginning of the line in the manuscript, so that
this mistake could easily have been made.
COURT RECORD, SEPTEMBER, 1789 409
At the same Court.
M. DuMOULEST, Plaintiff, vs. Pierre Lacoste, Defendant.
M. Dumoulin brought an account due him by Pierre LaCoste
for the sum of two thousand and eleven livres twelve sols six
denier s according to his notes and accounts; which notes the said
LaCoste recognized as true, and he brought an account, which
he claims from M. Dumoulin. The Court decrees that the notes
and accounts exhibited by M. Dumoulin, in which is included the
costs of the effects which he sent to seek at the Illinois River, shall
be paid by preference, since the said M. Dumoulin is first judg-
ment creditor,^ out of the peltries, sugar and other effects brought
down, with the costs of the present suit and of others which shall
be made in the matter; and as to the account exhibited by M. La-
Coste the Court decrees that the canoe mentioned therein shall
be paid for by M. Dumoulin with the other articles, all on the report
of arbitrators and appraisers. The Court decrees, furthermore,
that the peltries brought down shall be delivered to M. Dumoulin
on that which is due him; and if it is not sufficient, the sugar
shall be sold to-morrow for cash to the highest bidder up to the
equivalent of the said sum and costs; and if there is a siurplus, it
shall be deposited at this office to be remitted to his other creditors.
And there has been deducted by these presents, after examination
was made of the account exhibited by the said LaCoste, the sum
of eighty-five livres, as the amount of the said account and the
value of the canoe and medicine; therefore there is due to the
said M. Dumoulin nineteen hundred and twenty-six livres twelve
sols six denier s, which does not include the costs of justice.
At the same Court.
M. Clamorgan, Plaintiff, vs. Pierre LaCoste, Defendant.
The plaintiff demands of the defendant the payment of two
notes, one for the sum of fifteen thousand nine hundred and forty-
seven livres fourteen sols in money according to his obligation
under date of November 30, 1787, drawn up at the record-office
of St. Louis, from which it appears that the said LaCoste should
pay at Michillimakinac for the release from M. Clarmorgan a
sum of nine thousand livres in money; and since he has not satis-
4IO ILLINOIS HISTORICAL COLLECTIONS
LaCoste devoit payer a missilimakina a la decharge du s^ Gla-
morgan une somme de neuf mille livres En argent a quoy Nayant
point satisfait la Cour Condamne led* LaCoste a payer son obli-
gation en Entier avec les interest et frais. Condamne pareille-
ment led* LaCoste a payer son autre Billet montant a la somme
de Sept cent quatre vingt trois livres dix huit sols ainsy quil est
porte au pied dun Compte avec interest et frais. Le tout aprds
que led* LaCoste a Reconnti Ses dits Billets et Comptes. En
concequance permet au s^ Glamorgan de faire saisir par la suite
les effets quil poura trouver apartenir aud* Coste a la reserve
de ceux deja saisy Et Sequestres ce qui sera execute.
La Cour est ajournee au i^^ 8^^^ 1789.
A* Girardin.
du 30 "j^^^ delivre un ordre p^ fr trotier contre p^^ lafleur
un ordre p^ fr Saucier contre M^ dumoulin
un ordre p^ Coste contre sansfacon
un ordre p^ idem contre Louval
un ordre p'^ id contre macarty
un ordre p^ id contre martin
un ordre p'" id contre janot lapensee
un ordre p^ id contre Gecire
un ordre p^ id contre antaya
a une Cour du i^^ 8^^"^ 1789.
M*"^ Girardin Presidant p^® Laperche
charles ducharme henry Biron
jean B*^ dubuque Magistra
Entre le s^ Francois trotier demandeur Contre pierre La-
fleur deffendeur
Le demandeur reclame contre le deffendeur la somme de
quarante sept livres quinze sols par son compte p^ fournitures
a luy faite le deffendeur a reconnu son compte et a dit quil luy
etoit dub sept gardes quil avoit Ete Employe par ordre de M^
trotier p^ laffaire de brisson demande que cette somme montante
a 35^^ luy soit deduite sur son compte.
sur quoy la Cour condamne le deffendeur a payer son compte
a M^ trotier sauf son recour p^" ses gardes ainsi quil est decide par
la sentence des jures concernant laffaire de Brisson condamne
COURT RECORD, OCTOBER, 1789 411
fied this, the Court condemns the said LaCoste to pay his obli-
gation in full with interest and costs. The Court condemns the
said LaCoste likewise to pay his other note amounting to the
sum of seven hundred and eighty-three livres eighteen sols^ as
is entered at the foot of an account, with interest and costs; all
decreed after the said LaCoste recognized his said notes and
accounts. Consequently the Coiurt permits M. Clamorgan to
have seized the effects, which he can find, belonging to the said
Coste with the reservation of those already seized and sequestered,
for which there will be execution.
The Court adjourned to October i, 1789.
Ant. Girardin.
September 30.
Issued a summons to Fr. Trottier against Pierre Lafleur.
A summons to Fr. Saucier against M. Dumoulin.
A summons to Coste against Sansfagon.
A summons to the same against Lonval.
A summons to the same against Macarty.
A summons to the same against Martin.
A summons to the same against Janot Lapancd.
A summons to the same against Cesirre.
A summons to the same against Antaya.
At a Court, October i, 1789.
MM. Girardin, President. Pierre Laperche.
Charles DuCharme. Henry Biron.
Jean Bte. Dubuque. Magistrates
M. Francois Trottier, Plaintiff, vs. Pierre Lafleur, Defendant.
The plaintiff brings a claim against the defendant for the sum
of forty-seven livres fifteen sols by his account for supplies sold
to him. The defendant recognized his account and said that there
was due him pay for seven guards and that he had been employed
by order of M. Trottier for the affair of Brisson and he demands
that this sum amounting to 35 livres be deducted from his account.
Whereupon the Court condemns the defendant to pay his
account to M. Trottier saving his recourse for his guards as it
is decided by the verdict of the jurors concerning the affair of
Brisson. Condemned Pierre Lafleur to pay the costs which are
412 ILLINOIS.HISTORICAL COLLECTIONS
pierre lafleur aux frais liquidez a trois piastres qui seront avancds
par M^ trotier et a luy rembources par la fleur.
La Cour est ajoume au i^^ 9^^^ 1789.
A* Girardin.
LaChanse: du 6 8^^® 1789, delivr^ au s'" LaChansse une saisie
p'' une Vache Et Son vau sur pierre martin.
antaya: dud* jour delivr^ une saisie a antoine peltier dit antaya
contre le nommd Wilson Entre les mains de Louis Coste p^ 20
minots de mahis que led* Wilson doit.
du 8 8^^^ delivre une Saisie avec ordre de vendre a deffaud par
pierre troge de vuider ses mains Entre celles du s^ Bouvet de la
farine ou bled quil a apartenant a antoine Buy at le i®^ ordre de
Saisie ayant Ete signiffie par thorn Bredy le 15 aoust p'" la s^ de 57.
ajouter les frais de ladite saisie Et de present executoire fait 97^^
laquelle Executoire a Ete delivree audit S^ Bouvet.
N Bouvet.
Par Extraordinaire a la demande de Charle Germain,
aux temoins
f I ordre a M^ trotier
I I ordre a ignace Grondine
temoins ^ i ordre a francois Grondine
I ordre a duchenau
I ordre a louis gaud
aux magistrats
I ordre a M^^ girardin
I idem a Mr Philipe angel
I id. a Mr dubuque
I id. a Mr ducharme
I a Laperche
I a Biron
I a Chatel
Les ordres ci dessus nous ont Ete delivr^s marq de
Brady +
Charles Germain
I ordre a Louis p^ sequestre le Chelval in [sic]
COURT RECORD, OCTOBER, 1789 413
set at three piastres^ which shall be advanced by M. Trottier and
reimbursed to him by Lafleur.
The Court adjourned to November i, 1789.
A. Girardin.
Lachanse, Antaya
October 6, 1789. Issued to M. Lachanse a writ of seizure
for a cow and its calf on Pierre Martin.
Same day. Issued a writ of seizure, to Antoine Pelletier called
Antaya against the named Wilson, of 20 minots of corn in the
hands of Louis Coste and which the said Wilson owes.
October 8. Issued a writ of seizure with order of sale because
of the failure by Pierre Troge to deliver into the hands of M. Bouvet
the flour or wheat, which he has, belonging to Antoine Buyat.
The first writ of seizure was served by Tom Brady on August 15 for
the sum of 57 livres; adding the costs of the present seizure and of
the present execution it makes 97 livres, which execution was
delivered to the said M. Bouvet. N. Bouvet.
Specially at the prayer of Charles Germain.
To the witnesses.
I summons to M. Trottier.
I summons to Ignace Grondine. 1
I summons to Francois Grondine.
I summons to Duchenau. ^ ^,;;
I summons to Louis Gaud.
To the magistrates.
I summons to M. Girardin.
I ditto to M. Philippe Engel.
I ditto to M. Dubuque.
I ditto to M. DuCharme.
I to Laperche.
I to Biron.
I to Chatel.
The summons above named have been delivered to us.
Brady. Mark of J
+
Charles Germain. ^
I order to Louis to sequester the horse. j
414 ILLINOIS HISTORICAL COLLECTIONS
A une cour tenue Extraordinairement
a la demande Et requisition de Charles Germain Centre
Louis Gaud.
13 8^^^^ 1789.
M^^ antoine girardin Presidant Pierre Laperche
Charles ducharme henri Biron
Philipe Engel Louis Chatel
B^e Dubuque magistra
Le S^ germain a dit quil reclamoit contre Louis gaud Son
cheval que les sauvages lui avoient vole. Et quil avoit fait marche
avec led* Louis gaud que sil luy ramenoit son Cheval quil lui
donneroit une vache Et son veau a Choisir sur les siennes, que
led* Louis gaud avoit Emmene le Cheval mais quil ne vouloit pas
luy rendre a moins dune vache Et son veau Et de plus un taureau
de dix huit mois, quil offroit de remetre ladite vache Et le vau.
mais quil netoit pas oblige suivant Ses conventions de donner le
tauraux de plus, que led* Louis gau Etoit libre de lammener pour
le prix convenu ou de le laisser. Et conclu[d] aux frais de Lex-
traord^^ contre led* Louis gaud.
Led* Louis gaud a repondu quil netoit point convenu des
faits que led* germain avance quil est vray quil est convenu avec
led* germain quil feroit son possible p^ Emmener son Cheval
mais que sil luy Coutoit plus que la valeur de la vache Et le vau
quil luy payeroit les Surplus ce quil a Ete desavoue par led*
Germain q\ii a soutenu quil netoit Convenu que de la vache et
le vau offrant de fournir Ses preuves a la Cour par temoins.
sur quoy led* Germain a fait Comparoitre m^ francois trotier
commandant Lequel apres que la cour la En somme de dire
verite a dit que sEtant trouve ches le s^ Louis gaud lors que ger-
main y Est Entre p^ reclamer son Cheval. quil a dit a Louis
gaud mon oncle comme voules vous vous aranger je viens Chercher
mon Cheval. votre vache Et le vau son dans ma Cour venez
les Choisir. que Louis gaud avoit repondii votre Cheval ma
Coute plus que cela je ne pent pas vous le donner p'" le vache
Et le vau si vous voulez me donner un taurau de dix huit mois de
surplus vous laures. ou jen ay un de pareil age si vous le voulez
COURT RECORD, OCTOBER, 1789 415
At a Court meeting in special session at the prayer of
Charles Germain, vs. Louis Gaud.
October 13, 1789.
MM. Antoine Girardin, President. Pierre Laperche.
Charles DuCharme. Henry Biron.
Philippe Engel. Louis Chatel.
Bte. Dubuque. Magistrates.
M. Germain said that he claimed from Louis Gaud his horse
which the savages had stolen from him; and that he had made
a bargain with the said Louis Gaud that if he brought his horse
back to him that he would give a cow and her calf to be chosen
among his stock; that the said Louis Gaud had brought away
the horse, but that he refused to deliver it to him except for a
cow and her calf and a bull of eighteen months to boot; that he
offered to give the said cow and her calf; but that he was not
obliged according to his agreement to give the bull to boot; that
the said Louis Gaud was free to bring it back for the price agreed
upon or to leave it; and he concludes that the costs of the
special session should be found against the said Louis Gaud.
The said Louis Gaud replied that there was no agreement in
regard to the facts which the said Germain advances; that it is
true that he agreed with the said Germain to do his best to bring
his horse away; but that if it cost him more than the value of the
cow and calf that he should pay him the extra cost, which has been
denied by the said Germain, who maintained that the agreement
was only for the cow and calf and he offers to furnish proofs
to the Court by witnesses. Whereupon the said Germain sum-
moned M. Francois Trottier, commandant, who, after the Court
summoned him to tell the truth thereof, said that he was present
at Louis Gaud's when Germain entered there to reclaim his
horse; that he said to Louis Gaud: "Uncle! What are you
going to do about it ? I have come to get my horse. Your cow
and calf are in my yard. Come and choose them;" that Louis
Gaud replied: "Your horse cost me more than that. I can't
give it to you for the cow and calf. If you wish to give me a bull
of eighteen months to boot, you shall have it. Or I have one
4i6 • ILLINOIS HISTORICAL COLLECTIONS
je vous le donnerez Et je garderay le Cheval a quoy Germain
Navoit pas voulti Consentir. quil luy avoit repliqu^ je suis
convenu avec vous de vous donner une vache Et son vau je vous
loffre je ne suis pas convenu de vous donner de surplus ou il
faloit laisser mon Cheval.
r
a fait venir ignace Grondine lequel aprds sermant par luy
fait de dire la verite luy avons demand^ sil a Connoissance du
marchd de Charles germain et Louis gaud a dit quil avoit con-
noissance Etant au pe avec led* Louis gaud comme son Engage
led* Louis gaud lavoit Envoyd avec maillet pour aCheter le Cheval
quil Etoit party avec mailhet mais quEtant aux qu'etant [sic]
arrive aux Cotes, il Sen Etoit Revenu que a son retour louis gaud luy
avoit dit. pourquoy Est tu reventi tu auroit du y aler tu sera Cause
que Si je nay pas le Cheval. je nauray pas une vache et son veau
qui ma Ete promise p^ le Cheval qui est tout ce quil a dit savoir.
avons fait venir francois Grondine Lequel apres sermant par
luy fait de dire la verite luy avons demand^ sil a Connoissance du
marche fait Entre Charles Germain Et louis gaud, a dit que quel-
ques jours apres que louis Gaud Et germain Se Sont En arange
luy deposans a Et^ trouver louis gaud et luy a demande sil vouloit
luy Emmener sa jument que les sauvages avoient vole que louis
gaud luy avoit dit que sil vouloit luy donner une vache Et son veau
comme faisoit germain quil la luy Emmeneroit sil la trouvoit que
luy deposant avoit Consenty de luy donner une vache Et son veau
ou quarante piastre sil Emmenoit sa jument. mais quil ne lavoit
pas Emmende. qui est tout ce quil a dit savoir.
avons fait venir francois ducheneau lequel apres sermant par
luy fait de dire la verite luy avons demande sil a Connoissance du
marche fait Entre Louis gaud Et Charles germain a dit que Etant
au pe Et alant avec maillet qui avoit deja achete le Cheval dont
est question p^ Louis gaud il avoit demand^ a maillet ce quil avoit
Coute quil luy avoit repondti jay donne deux baril dau de vie a
choisir sur huit Et deux fiUes [filet ?] que luy deposans luy avoit
repondu cest Bien Cher, que maillet avec [sic] replique. ce nest
pas trop Cher puisque Louis gaud a une vache et son vau p'" avoir
le Cheval des sauvages qui est tout ce quil a dit savoir.
COURT RECORD, OCTOBER, 1789 417
of like age; if you wish it, I will give it to you and I will keep
the horse; " that Germain had not wished to agree to this, and
that he had answered: "I agreed with you to give you a cow and
her calf. I offer it to you. I have not agreed to give you more
and [if it cost more] you should have left my horse."
Have summoned Ignace Grondine whom, after taking oath to
tell the truth, we asked if he had knowledge of the bargain of
Charles Germain and Louis Gaud; and he said that he had
knowledge, since he was in Peoria with the said Louis Gaud as
his engage; and that the said Louis Gaud had sent him with
Mailhet to buy the horse and that he had set out with Mailhet;
but that having arrived at the Bluffs, he had returned; that on
his return Louis Gaud had said to him: "Why have you come
back? You should have gone there. You will be the cause
that I do not have the horse and I shall not have the cow and
her calf, which have been promised me for the horse. " This
is all that he said he knew.
We have summoned Francois Grondine, whom, after oath
was made by him to tell the truth, we have asked if he had knowl-
edge of the bargain made between Charles Germain and Louis
Gaud and he said that some days after Louis Gaud and Germain
had made their bargain, he, the deponent, was at Louis Gaud's
and asked him, if he wished to bring back for him his mare which
the savages had stolen, and that Louis Gaud had said to him
that if he was willing to give him a cow and her calf as Germain
was doing, that he would bring it back to him, if he found it;
and that he, the deponent, had agreed to give him a cow and her
calf or forty piastres, if he brought back his mare; but that he
had not brought it back; which is all that he said he knew.
We summoned Francois Duchenau, whom, after he had made
oath to tell the truth, we asked if he had knowledge of the bargain
made between Louis Gaud and Charles Germain, and he said
that he was at Peoria and was walking with Mailhet who had
already bought the horse in question for Louis Gaud, and he
asked Mailhet what it had cost and that he had answered him:
''I have given two barrels of brandy to be chosen among eight and
4i8 ILLINOIS ♦TISTORICAL COLLECTIONS
avons fait venir antoine girardin garcon habitant lequel apr^s
sermant par luy fait de dire la verite luy avons demande sil a
Connoissance du marche Entre louis gaud Et Charles Germain
a dit. quEtant present Ches Louis gaud le jour que Germain y
est venu. led^ germain luy a dit mon oncle Emmenez moy mon
Cheval je vous donnerez une vache Et son veau. que luy deposant
Etant a boire le filet na pas fait atention a ce quil peuvent setre dit
de plus lecture a, luy faite de sa declaration a dit contenir verite Et
que cest tout ce quil sait.
parties ouies et vu les depositions des temoins, la Cour assem-
blee ay ant murement examine. EUe a Condamne Et condamne
Louis gaud a rendre le Cheval a Charles germain. Et a recevoir
La vache et le vau quil est conventi de luy donner. suivant la
deposition des temoins condamnons En outre led* Louis gaud
En tons les frais Et depens de Lextraordinaire qui seront avancez
par led* germain Et a luy rembourcez par led* Louis Gaud suivant
le Compte arrete par la Cour montant a la somme de quatre Cent
quatre vingt dix sept livres dix sols ce qui sera execute nonobstant
toute oposition ou apelation. aux Cahos led* jour 13 8^^^ 1789
Extraordinairemen t .
[Signed]
B*^ Dubuque Pierre Laperche
h B i sa
Philipe Engel Louis + Chatel
DuCharme marque
Labuxiere grefier A* Girardin.
du 26 [?] 8^^^ delivre une saisie a Charle germain Contre charly
cadien sur un Cheval Entre les mains du s^ Bergeron,
dud* jour delivre au meme une saisie contre le meme p^ le Bled
quil a ches la dame alary.
^ Filet is an expression still used among the French of Canada and the Mississippi valley.
As used below by the next witness it means a drink from a faucet or bunghole. In this place
both the reading of the word and the interpretation are doubtful.
2 Another case of an excessive charge for justice, but the session was special and the wit-
nesses numerous.
COURT RECORD, OCTOBER, 1789 419
two swigs ;^ that the deponent had answered, "It is very dear; "
that Mailhet had answered: "It is not too dear, since Louis
Gaud has a cow and her calf for getting the horse from the sav-
ages"; which is all that he said he knew.
We summoned Antoine Girardin, a boy and resident, whom,
after he had made oath to tell the truth, we asked if he had knowl-
edge of the bargain between Louis Gaud and Charles Germain
and he said that he was present at Louis Gaud's the day that
Germain came there; that the said Germain said to Gaud: "Uncle,
bring my horse back to me and I will give you a cow and her calf;
that he, the deponent, was taking a swig and did not give attention
to what they may have said further. Reading made to him of
his afl&davit and he has said that it contained the truth and
that it is all that he knows.
After the parties were heard and in view of the depositions of
the witnesses, the Court in assembly after mature examination,
condemned Louis Gaud to deliver the horse to Charles Germain,
and to receive the cow and the calf which the latter agreed to give
him, according to the depositions of witnesses; We condemn further-
more the said Louis Gaud in all costs and charges of the special
session, which shall be advanced by the said Germain and reim-
bursed to him by the said Louis Gaud, according to the account
determined by the Court and which amount to the sum of four
hundred and eighty-seven livres ten sols,^ for which there will be
execution notwithstanding all opposition or appeal. At Cahokia
the said day, October 13, 1789. Held specially.
[Signed]
Bte. Dubuque. Pierre Laperche.
hBi His
Philippe Engel. Louis + Chatel.
DuCharme. mark.
Labuxiere, Clerk. A. Girardin.
October 26 [?]. Issued to Charles Germain against Charly
Cadien a writ of seizure of a horse in the possession of M. Bergeron.
Same day. Issued to the same a writ of seizure, against the
same, of the wheat which he has at Madame Alarie's.
420 ILLINOIS HISTORICAL COLLECTIONS
A une Cour du deux Novembre 1789.
M^^ antoine girardin Presidant Pierre Laperche
jean B^^ dubuque Louis Chatel
Charles ducharme henry Biron
Philipe angel Magistrats
a ladite Cour.
M^ Laille demandeur Contre Louis Coste deffendeur
Le demandeur repete contre le deffendeur 116^^ 17^ En argent
Et 23^^ 17^ En farine que le deffendeur Convient devoir sur quoy
\e[sic] Cour le Condamne a payer sans delais Condamnons le s^ laille
aux frais p^ Navoir pas demande son payement laquelle sentence
sera executee sous vingt quatre heures.
a la meme cour.
FRANCOIS HUBERDEAU demandeur Contre pierre durbois
deffendeur
Le demandeur repete contre le deffendeur un billet de Cent
Cinquante livres Echus.
le deffendeur la reconnu veritable.
sur quoy la Cour condamne le deffendeur a payer son Billet
savoir la farine a 30^^ le Cent Et le mahis a 5^^ le sac marchand.
le tout sans delais condamne dubardeau [sic] aux frais liquidez a
15^^ tant p^ Huissier lordre au greffier que la presente sentence,
delivre un decret du prise de Corps a ladite Cour a demande
de M^ de Clamorgan Contre francois Clark ameriquain.
a la meme Cour.
La Cour est ajourn^e au i^^ x^^^ 1789.
A* Girardin.
du 10 9^^^ jy3p^
delivr6 une saisie a M^ Dumoulin charge p'" m^ Labadie, une
Saisie conservatoire contre jean B^^ Lapierre forgeron et sa
femme sur la somme de 1166^^ que luy doit Philipe gervais con-
jointement avec sa femme sous Ihypoteque de leurs Biens en
datte du jour de hier par leur obligation deposee au Notaria de
cette justice payable a la toussaint 1790 ladite saisie faite p^ la
somme de 280^^ en paux de Chevreuil Razde payable En may
1790 p Dumoulin
COURT RECORD, NOVEMBER, 1789 421
At a Court, November 2, 1789.
MM. Antoine Girardin, President.
Jean Bte. Dubuque. Pierre Laperche.
Charles DuCharme. Louis Chatel.
Philippe Engel. Henry Biron.
Magistrates.
At the said Court.
M. Laille, Plaintiff, vs. Louis Coste, Defendant.
The plaintiff brings claim against the defendant for 116 livres
17 sols in money and 23 livres 17 sols in flour, which the defendant
acknowledges that he owes. Whereupon the Court condemned
him to pay without delay. We condemn M. Laille to pay the
costs for not having demanded his payment, which judgment
shall be put in execution within twenty-four hours.
At the same Court.
Francois Huberdeau, Plaintiff, vs. Pierre Dubois,
Defendant
The plaintiff brings claim against the defendant for a note of
one hundred and fifty livres, which has fallen due.
The defendant acknowledges it as genuine.
Whereupon the Court condemns the defendant to pay his
note, to wit: the flour at 30 livres the hundred and the corn at
5 livres the trading sack, and all without delay; and condemns
Huberdeau to, pay the costs, fixed at 15 livres as well for the
huissier and the order to the clerk as for the present judgment.
Issued a writ of capias at the said Court on prayer of M.
Clamorgan against Francis Clark, American.
At the same Court.
The Coiurt adjourned to December i, 1789.
Ant. Girardin.
November 10, 1789.
Issued to M. Dumoulin, trustee for M. Labadie, a writ of conser-
vative seizure against Jean Bte. Lapierre, blacksmith, and his wife
on the sum of 11 66 livres , which Philip Gervais, jointly with his wife,
owes Lapierre under mortgage of their goods according to their obli-
gation, dated yesterday, deposited in the office of the notary of the
422 ILLINOIS .HISTORICAL COLLECTIONS
du 26 9 ^^« 1789
delivre une saisie a M^ antoine thibault Centre jean B*® Lapierre
pour saisir Conservatoirement Entre les mains de philipe gervais
la somme de deux Cent onze livres et 20^^ p^ la saisie sur la
somme de Neuf cent soixante Et quelque livres que led* gervais
doit aud* Lapierre par son obligation au Notaria de ce poste
payable lauthomne 1790 avec deffences de sen dessaisir quil
nen soit par la Cour ordon^ ladite saisie delivre a thorn Bredy
huissier sign^e ducharme magistra
P. Tabeau
du 28. 9^""^ delivre une Saisie privilegiee Et provisoire au s'^
Robidoub. sur les Biens meubles, une maison Et quatre Che-
vaux apartenant a Louis gaud jusqua ce que la Cour En ay or-
donn^ p^ surety de la s^ de 1464^^ en pelterie que led* Louis
gaud doit aud* Robidoub p^ marchandises de traite.
Jh Robidou
30. 9^^^ delivre un ordre a pierre Gassien p^ faire comproitre
devant la Cour au i^^ x^^^ antoine la Cource.
30. 9^^^ delivre un ordre a M^ dumoulin contre marin pencrasse.
30. 9^^^ delivr^ un ordre au s^ harmand contre Gabriel Baron,
du. 30. 9^^^ delivre un ordre a motard contre fs. Lapens^e.
a une Cour du i®^ decembre 1789.
M'"^ antoine girardin Presidant p'^^ LaPerche
Philipe angel Louis Chatel
B*e Dubuque Magistrats
M^ Dumoulin Contre marin Pencrasse
Le demandeur repete Contre le deffendeur la somme de quatre
vingt dix sept livres douze sols six deniers p'" 55^ de sucre net
COURT RECORD, NOVEMBER, 1789 423
jurisdiction and payable on All Saints day, 1790; the said seizure was
made for the sum of 280 livres in buckskin, payable in May, 1790.
Jn. Dumotdin.
November 26, 1789.
Issued a writ of seizure to Antoine Thibault against Jean Bte.
Lapierre to seize conservatively from the hands of Philippe Gervais
the sum of two hundred and eleven livres, and 20 livres, for the
writ of seizure, from the sum of nine hundred and sixty and some
livres, which the said Gervais owes the said Lapierre by his
obligation at the office of the notary of this post payable in the
autumn of 1790, with prohibition to divest himself of whatever
there is thereof. Decreed by the Court, the said writ of seizure
was delivered to Tom Brady, huissier, and was signed by Du-
Charme, magistrate. P. Tabeau.
November 28.
Issued a writ of privileged and provisional seizure to M.
Robidou on the personal property, a house and four horses be-
longing to Louis Gaud, until the Court has decreed thereon, to
be held for surety of the sum of 1464 livres in peltries, which the
said Louis Gaud owes the said Robidou for merchandise of trade..
Jh. Robidou.
November 30. Issued a summons to Pierre Gassien to cause
to appear before the Court of December ist Antoine LaCource.
November 30. Issued a summons to M. Dumoulin against
Marin Pencrasse.
November 30. Issued a summons to M. Harmand against
Gabriel Baron.
November 30. Issued a summons to Motard against Fr.
Lapancd.
At a Court, December i, 1789.
MM. Antoine Girardin, President. Pierre Laperche.
Philippe Engel. Louis Chatel.
Bte. Dubuque. Magistrates.
M. Dumoulin, Plaintiff vs. Marin Pencrasse.
The plaintiff brings claim against the defendant for the sum
of ninety-seven livres twelve sols six denier s for 55 lbs. of sugar net
424 ILLINOIS HISTORICAL COLLECTIONS
a 35" 6*^ la Lx avec les frais. le defifendeur a reconnu devoir
la dite somme mais quil navoit pas de quoy payer pour le
present.
Vu la reconnoissance dud* marin Pencrasse qui a reconnti
devoir ladite somme la Cour la Condamn^ a payer Sous quinze
jours aux memes conditions de L'Encan Bled ou farin Et aux
frais.
a la meme cour
Sur la requete expositive des S'*^ Laille Et arundel marchand
de ce poste que quelques marchands de St Louis faisoient des
avances au s^ Louis gaud, qui se trouve Extremement En debte,
les quels Enlevent le produit des avances qui a Et^ faites aud*
Louis gaud par les marchands et autres particuliers de ce poste ce
qui fait un tor Et une fraude notable a ceux qui avance aud* Louis
gaud sur cette partie tant aux marchands qua dautres particuliers
de ce dit poste, La Cour En vertu de la requete du s^ Laille Et du
s^ arundel Et autres representant deffend aud* Louis gaud de
faire aucun payement sur lautre Rive ny dy faire traverser
aucunnes pelteries ou payement ny meme aucunes marchan-
dises Effets de quelque nature quils soient declare En outre la
saisie faite par le s'" Robidoub de nule valeur Et comme non
faite quil nait auparavant Entierement satisfait toutes les
Creances Et debtes quil doit sur cette Rive a peine de Confisca-
tion des dites pelteries ou payement quil pouroit Envoyer qui
seront saisie p^ satisfaire aux Creances dicy ce qui sera Execute
lesd* jourEt an.
A^ Girardin.
a la meme Cour.
Pierre Gassien demandeur Contre Antoine LaCource
defaillant Nayant voulu comparoir apres Assignation a luy
donn^e le jour de hier.
Vu la demande dud* Gassien contre Led* LaCource mon-
tant a la somme de trois cent dix livres. savoir 250^^ p^ une
terre Et 60^^ p'* salaire douvrage. condanmons led* antoine
LaCource a payer led* Gassien sans delais et aux frais et
depens.
COURT RECORD, DECEMBER, 1789 425
at 35 sols 6 deniers the pound with costs. The defendant ac-
knowledged that he owes the said sum, but says that he has no
means to pay at present.
In view of the acknowledgment of the said Marin Pencrass,
who has acknowledged that he owes the said sum, the Court con-
demned him to pay within the fortnight wheat or flour on the same
conditions as given at the auction. Condemned him to pay the
costs.
At the same Court.
On the explanatory petition of MM. Laille and Arundel,
tradesmen of this post, that some tradesmen of St. Louis were
making to M. Louis Gaud, who is greatly in debt, advances which
are absorbing the proceeds of the advances which were made to
the said Louis Gaud by traders and others individuals of this post,
an act which is effecting a wrong and considerable fraud to those
on this side, both tradesmen and other individuals of this post, who
have made advances to the said Louis Gaud ; the Court in virtue
of the petition of M. Laille and M. Arundel and other representa-
tives forbids the said Louis Gaud to make any payment on the
other bank, to send across any peltries or payment or likewise
any merchandise, effects of whatsoever nature; and it declares,
furthermore, the seizure made by M. Roubidou of no value and
as not made, until the said Gaud has first entirely satisfied all the
claims and debts which he owes on this bank, on penalty of con-
fiscation of the said peltries or payment that he may send and these
shall be seized to satisfy the claims of this place, for which there
will be execution the said day and year.
Ant. Girardin.
At the same Court.
Pierre Gassipn plaintiff, vs. Antoine LaCource absent, having
refused to appear after summons was served on him yesterday.
In view of the claim of the said Gassien against LaCource
amounting to the sum of three hundred and ten livres, to wit 250
livres for a plantation and 60 livres for wages, we condemn the
said LaCource to pay the said Gassien without delay with costs
and charges.
426 ILLINOIS HISTORICAL COLLECTIONS
a la meme Cour.
Le s'* MoTARD demandeur Centre Francois Lapens^e def-
f endeur
sur les contestations des comptes reciproques que les deux
parties ont produit lun contre lautre. La Cour a renvoye les deux
partis pardevant M^ William aRundel Et M^ jean dumoulin Et
M^ Laille p'" arbitrer led* compte Et Larreter auquel arrete de
Compte les parties se soumetront ce qui sera execute.
La Cour est ajourn^e au i®^ Janvier 1789.
A* Girardin.
du 3 X^^e 1789.
Est comparu au greffe de cette justice Le S^ antoine Thabault
Negociant de Cahos lequel a requis lenregistrement de Lordon-
nance cy apr^s.
Nous antoine girardin Presidant Et magistra de la Cour du
district des Cahos. Sur les representations a nous faites par le
s^ antoine tabault Negociant de cette Rive et y ayant sermant de
fidelity Etablissant Son domicile En la maison de Charles Lefevre
habitant de ce poste, lequel En Sa dite quality de Citoyen de cette
dite Rive auroit apris que les Biens de Louis gaud traiteur de ce
poste avoient Ete Saisis par le S^ Robidoub marchand de la Rive
espagnole Sous pretexte davances faites aud* Louis gaud laquelle
saisie a Ete par cette Cour Ennulee le premier de ce mois. afin
que les vray Citoyen de cette Rive, reconnus pour tel ayent le
privilege dEtre payez Sur les Biens dud* Louis gault preferable-
ment a tous les autres Commerceants Etrangers qui nont
aucun sermant de fidelite Sur cette Rive Et gouvernment ameri-
quain.
EN CONSEQUANCE nous avons Permis Et Permetons aud*
S'' antoine thabault Negociant de cette Rive y ayant Sermant de
fidelity Et y ayant Etably son domicile de Saisir, arreter Et metre
Sous la main de la justice tous les Biens meubles Et immeubles
dud* Louis gault comme Son dernier Equipeur. Saisir, arreter
Sequestrer Et y Etablir gardien et depositaire a toutes les pelteries
graisses huiles et autres effets que led* Louis gault poura faire Et
En mener icy de ces traites meme ceux quil Se trouvera avoir En
COURT RECORD, DECEMBER, 1789 427
At the same Court.
M. MoTARD, Plaintiff, vs. Francois Lapance, Defendant.
On account of the disagreement of the reciprocal accounts
which the two parties have brought against each other, the Court
dismissed the two parties to arbitrate and settle the said account
before M. William Arundel, M. Jean Dumoulin and M. Laille
to which settlement the parties shall submit; for which there will
be execution.
The Court adjourned to January i, 1789.
Ant. Girardin.
December 3, 1789.
There appeared at the record office of this Court M. Ant.
Tabeau, merchant of Cahokia, who required the registration of
the following decree.
We Antoine Girardin, president and magistrate of the Court
of Cahokia, on the representation made to us by M. Antoine
Tabeau, merchant of this bank, who has made oath of fidelity there-
to and established his domicile in the house of Charles Lefevre,
resident of this post, and who, in his quality of citizen of this bank,
has learned that the goods of Louis Gaud, trader of this post,
had been seized by M. Robidou, merchant of the Spanish bank,
under pretext of advances made to the said Louis Gaud, which
seizure was annulled by this Court the first of this month, in order
that the true citizens of this bank, and known as such, should
have the privilege of being paid from the goods of the said Louis
Gaud in preference of all other alien merchants who have taken
no oath of fidelity on this bank and to the American government.
IN CONSEQUENCE we have permitted and do permit the
said Antoine Tabeau, merchant of this bank who has taken oath
of fidelity thereto and established his domicile thereon, to seize,
distrain and place under the hand of justice all the goods, personal
and real, of the said Louis Gaud, as last furnisher; to seize, dis-
train, sequester and establish a guardian therefor and a depositary
•for all peltries, tallow, oil and other effects which the said Louis
Gaud may make and bring thereof to this place by his trades, and
also those which he shall be found to have in his possession in his
428 ILLINOIS piSTORICAL COLLECTIONS
sa pocession dans Sa maison, Lesquelles pelteries Seront mises
En depot a la Garde Et ches le S^ Isidore laCroix qui sen Chargera
jusqua la Cour prochaine pour En Etre ordonne ce que de raison.
le tout pour Surete des Sommes dEquipement que led^ S'* Tha-
bault a fait aud<^ Louis gault En qualite de marchand citoyen de
cette Rive Et comme dernier Equipeur Et encore pour surete de
Cent Soixante treize livres En argent ou pelterie que led* Louis
gaud reste devoir Sur Son obligation de LEncan de deffunt augus-
tin dubuque Echus depuis le quinze davril dernier suivant Linter-
vention du S^ Labuxiere Charge de ladite sucession En joint au
bailly de cette Cour de proceder a ladite saisie aussitost la requisi-
tion dud* S^ thabault avec les formalite requises donnons la pre-
sente Saisie Non sur les Chevaux qui serviront aud* Louis gault
pour plus grande facilite dans Son Commerce, mais sur tous autres
articles Et effets cy devant detailles conditionelement que le s^
a Rundel et laille seront present lors de la livraison des pelteries
Et effets du s^ Louis gault au depositaire le s^ LaCroix Et
en feront eux meme linvantaire Et la presente sera Enregistree
au greffe de ce poste pour y avoir Recour quand Besoin sera
donne aux Cahos le 3 X^^^ 1789. signe Thabault Saisissant Et
ant^ Girardin Presidant. Et a linstant Loriginal du present
Enregistrement remis ez [sic] mains dud* s^ Thabault lesd* jour
Et an.
Labuxiere grefier.
Je Soussigne a deffaud huissier comme ayant ete Requis par
luy en presence des temoins Soussignes signiffie la presente sen-
tence Et Saisie a la dame Louis gault En labsence de son mary En
parlant a Sa person En son domicile led* jour Et an que dessus
signe Billet p^ thom Brady huissier.
En concequance avons saisis et Saisisons une maison a vide
maintenant ladite dame Et sa famille, une armoire a deux Battans,
un miroir a cadre dor une paire de Boeuf une vache avec son
veau, deux genisses de trois ans Cinq pourceaux, plusieurs meubles
de menages aux Cahos le 3. X^^^ 1789 signe Billet p^ thom Bredy.
En outre plusieurs marchandises drats couvertes &c. que ladite
dame a declare avoir Recu de M^ thabault lors que son Epoux a
COURT RECORD, DECEMBER, 1789 429
house; which peltries shall be deposited in the custody and at the
house of M. Isidore LaCroix, who shall be intrusted therewith
until the next Court, that there may be decreed concerning them,
for which this act is sufficient. This is done to assure the sums
for equipment which the said M. Tabeau has made to the said
Louis Gaud, in his title of citizen trader of this bank and last
furnisher, and also for surety for one hundred and seventy-three
livres in money or peltries which the said Louis Gaud still owes on
his note given for the goods bought at the auction of the deceased
Augustin Dubuque, matured since the fifteenth of April last,
according to the intervention of M. Labuxiere who is intrusted
with the said estate. And we have enjoined on the bailiff of this
Court to proceed to the said seizure as soon as he receives the
requisition with the necessary formalities from the said M. Ta-
beau. We do not give the present writ of seizure on the horses,
which will serve the said Louis Gaud to conduct his commerce
with greater facility, but on all other articles and effects here-
before mentioned in detail, under the condition that MM.
Arundel and Laille shall be present at the time of the delivery of
the peltries and effects of M. Louis Gaud to the guardian, M.
LaCroix, and they shall themselves make an inventory thereof;
and the present shall be registered at the office of this post in
order to have recourse thereto, when there shall be need.
Given at Cahokia December 3, 1787. Signed Tabeau, execution
creditor, and Ant. Girardin, president. And now the original
of the present registry was delivered into the hands of the said M.
Tabeau the said day and year.
Labuxiere, Clerk.
I, the undersigned, in default of the huissier and as requested
by him, in the presence of the undersigned witnesses, have served
the present decree and writ of seizure on Madame Louis Gaud in
the absence of her husband and I have spoken to her in person
at her place of residence, the said day and year as above. Signed
Billet for Tom Brady, huissier.
In consequence we have seized and do seize a house vacated
now by the said lady and her family, a closet with two folding
430 ILLINOIS, HISTORICAL COLLECTIONS
pris son Equipement. cahos le 3. X^^^ jygp Billet p'^ thorn Bredy
F. Saucier Et isadore lacroix temoins
Nous Soussignes avons receptez la quantite de Cinq cent quar-
ante trois livres Et demi des paux de Chevreuil livres par m^ Louis
gault a M^ isadore lacroix, sur les quelles il se trouve Cinquante
deux livres visiees Et une grande parties parmi les Bonnes trop
mouill^s pour ne pas souffrier une grande diminution, de plus nous
avons compte Sept paux dours, quatre mauvaises paux doussons
signe izadore LaCroix, arundel, saucier.
Sur les quatre heures apres midy je me suis transports En la
maison ou reside le s'^ LaCroix et ay Saisy au Nom de thom Bredy
huissier de ce district les pelteries mentionnees cy dessus Et ay
Saisy le tout dans la susdite maison sous les garanties du S^ an-
toine thabault led^ jour Et an que dessus En presence du s^ Isi-
dore la Croix qui a signe la present, signe izidore laCroix. P'^®
Billet p^ thom Brady.
Et a linstant moy grefier soussignS ay Remis loriginal du
present Enregistrement aud* s^ antoine Thabault lesd* jour
Et an.
P Tabeau Labuxiere grefier
Du 7X^^^1789
une saisie p^ Le S^ Labuxiere contre motard
Nous antoine girardin Presidant magistra &c. Nous saisis-
sons Et arretons Entre les mains de francois Lapensee la somme
de 85^^ que led* motard doit au s'^ Labuxiere st le Comte de frais
a luy dub par led*^ motard Et par nous arrete luy faison deffences
de sen dessaisir enver qui que ce soit que le compte ne soit Entiere-
ment paye par led* motard aud* s^ Labuxiere a peine d En repond
En Son nom Et jusqua Ce que la Cour En ay ordonnS aux Cahos
le 7 X^^^ 1789. SignS ant^ girardin Presidant.
Recti la presente saisie francois LapancS
Du 28. X^'"^ delivre un ordre a la veuve henry Golding ameri-
quaine contre josiah Ryan habitant ameriquain demeurant a
la Rivierre de laigle pour comparoitre a la cour du 2. Janvier
1790. pour repondre a la demande de la dite veuve pour
lenlevement que led* Golding a fait de Ses effets Et Biens.
COURT RECORD, DECEMBER, 1789 431
doors, a mirror with gilt frame, a yoke of oxen, a cow with her
calf, two three year old heifers, five pigs, several pieces of furniture.
At Cahokia December 3, 1789. Signed, Billet for Tom Brady.
Furthermore some merchandise, cloth, coverings, etc, which
the said lady declared she had received from M. Tabeau at the
time that her husband took his equipment. Cahokia, December
3, 1789. Billet for Tom Brady, F. Saucier, and Isidore LaCroix,
witnesses.
We, the undersigned, have received the quantity of five hun-
dred and forty-three and a half pounds of deer-skins, delivered by
M. Louis Gaud to M. Isidore LaCroix, among which there are
found fifty-two pounds spoiled and a large part of the good,
too moulded not to suffer a great decrease in value. Furthermore,
we have account of seven bear-skins, four bad 'skins of bear's cubs.
Signed, Isidore LaCroix, Arundel, Saucier.
At four hours after noon I have gone to the house where M.
LaCroix resides and seized in the name of Tom Brady, huissier of
this district, the peltries mentioned above and have seized all in
the house aforesaid under the guaranty of M. Antoine Tabeau,
the said day and year as above, in the presence of M. Isidore
LaCroix who has signed the present. Signed, Isidore LaCroix,
Pierre Billet for Tom Brady.
And now I, the undersigned clerk, have returned the original
of the present registry to the said M. Antoine Tabeau the said
day and year.
P. Tabeau. . Labuxiere, Clerk.
December 7, 1789.
A writ of seizure for M. Labuxiere against Motard.
We, Antoine Girardin, president, magistrate etc. We seize
and attach the sum of 85 livres, in the possession of Francois
Lapancd, which the said Motard owes M. Labuxiere according to
the account of costs due to him by the said Motard and by us
closed; and we forbid him to part therewith to any one whom-
soever until the account be paid entirely by the said Motard
to the said M. Labuxiere, on pain of being responsible therefor
in his name, and until the Court has issued decree thereon.
432
ILLINOtS HISTORICAL COLLECTIONS
du 30 X^^"® delivre un ordre a antoine harmand dit Sans facon
Contre William Biggs ameriquain pour paroitre a la Cour du 2
Janvier 1790.
Du 2. Janvier 1790. a une Cour tenue par
M ""^ antoine girardin Philipe angel
Charles ducharme Bte Dubuque
Pierre Laperche
Entre la veuve henry golding demanderesse Contre
josiAH RYAN deffendeur
apr^s avoir oui les parties En leur demande Et Reponse Ja Cour
les a renvoye pardevant le juge de leur district p^ En prendre con-
noissance.
a la meme Cour
Entre Louis Gaud demandeur Contre le S^ thabault reprsente
par Le S^ Papin deffendeur
le demandeur requiere par sa requete presentee cejourdhuy a
la Cour que la saisie faite de Ses Biens meubles pelterie Effets et
immeubles Soit levees par le tor quelle luy Cause dans son com-
merce Et lempeche de satisfaire Ses creanciers de meme que par
le manque de marchandises que le S^ thabault est En deffaud de
luy fournir suivant sa Convention. Et requiere En outre que le
s^ thabault soit condamne a luy payer tous des domagement de
ladite saisie tor retard frais Et depens.
oui le S'' papin procureur dud* s^ thabault qui a requis a la
decizion de laffaire soit Renvoyee pardevant des jures. a quoy
est intervenu le S^ laille qui Sest opose comme interesse a ce
que ladite affaire soit decide par jures conjointement avec led*
COURT RECORD, JANUARY, 1790 433
At Cahokia December 7, 1789. Signed, Ant. Girardin, President.
Received the present writ of seizure, Francois Lapanc^.
December 28. Issued a summons on demand of the widow
Henry Golding, American, against Josiah Ryan, American in-
habitant, dwelling at the Eagle River, to appear at the Court of
January 2, 1790, to answer to the prayer of the said widow for the
removal of her goods and chattels, which the said Golding has
made.
December 30. Issued a summons on demand of Antoine
Harmand called Sansfafon against William Biggs, American, to
appear at the Court of January 2, 1790.
January 2, 1790, at a Court held by
MM. Antoine Girardin. Philippe Engel.
Charles DuCharme. Bte. Dubuque.
' Pierre Laperche.
The widow Henry Golding, Plaintiff, vs. Josiah Ryan, Defen-
dant.
After having heard the parties in their prayers and answers
the Court dismissed them to the judge of their district who will
take cognizance thereof.
At the same Court.
Louis Gaud, Plaintiff, vs. M. Tabeau, represented by M. Pepin,
Defendant.
The plaintifif prays in his petition, presented this day to the
Court, that the seizure, made of his personal property, peltries,
effects and real estate, be raised on account of the wrong, which it
does him in his business and which hinders him from satisfying
his creditors, and also on account of the failure of M. Tabeau to
furnish him merchandise in accordance with his agreement; and
he prays, fiurthermore, that M. Tabeau be condemned to pay
him all damages from tlie said seizure, namely for wrong, delay,
costs and charges.
Heard M. Pepin, attorney of the said M. Tabeau, who has
required that the decision of the case be left to jurors; in which
M. Laille has intervened, who was opposed, as interested party,
434 ILLINOJS HISTORICAL COLLECTIONS
Louis gault qui ont requis la decizion de ladite affaire par la Cour
Et que la dite saisie Soit levde. Parties ouyes.
La Cour a leve Et leve toutes saisies faites et obtenues par le
s^ thabault sur les biens meubles Et immeubles pelteries Et autres
Effets dud* Louis Gault, la met au Neant Et Remet led* Louis
Gault pocession de tous Ses Biens pelteries marchandises Et
effets. a luy En joint de payer primitivement privilegierement Et
par prefferance a ceux de la Rive espagnole tous les Creanciers de
cette Rive qui seront privilegiez aud* S^ thabault Et Roubidoub qui
nauront leur privilege quapres les dits Creanciers dicy payez, con-
damne la dite Cour le le s^ thabault a Suporter toutes pertes depens
domages qui pouroit etre survenus aux pelteries saisies mise En
depot ches le s^ izidore laCroix, le condamne pareillement En
tous les frais depens de ladite saisie et du proces. Et le S'" Robi-
doub aux frais de la Saisie par luy obtenue, la Cour ayant Et^
informee que le s^ thabault par la voye du S^ papin avoit Enlev^
des huilles Et Graisses saisies malgre la deffances a luy faites
dans les saisies pre[ce]dantes Et au mepris de lautorite de la Cour
Les avoir transport^e sur la Rive Espagnole ce qui sera execute
a* Girardin
Entre M^ DeClamorgan demandeur Contre Louis Coste
et sa femme deffendeur non comparant apres assignation a eux
donnee
Vu le Billet dud* Coste et sa femme de 815 L de farine Echus
la Cour Les condanne a payer Et aux frais Et aux frais [sic]
a* girardin
La cour est ajournee au p^^ fevrier 1790
a* Girardin
A une Cour du i^^ Fevrier 1790.
M^*' Antoine girardin Presidant Philipe angel
B*^ dubuque Charle ducharme
Ne setant presents aucunne cause nous avons adjourn^ la
cour au i^^ de mars prochain
a* Girardin
COURT RECORD, FEBRUARY, 1790 435
to having the case decided by jurors, as was also the said Louis
Gaud, and they have required the decision of the said case by the
Court and prayed that the said seizure be raised. Parties heard.
The Court has raised and does raise all seizures made and
obtained by M. Tabeau on the personal and real property, pel-
tries and other effects of the said Louis Gaud and annuls them;
and returns to the said Louis Gaud the possession of all his
property, peltries, merchandise and effects; and has commanded
him to pay first, and by privilege and preference to those of the
Spanish bank, all the creditors of this bank who shall be privileged
before the said MM. Tabeau and Robidou, who shall have their
privileges only after the said creditors of this place are paid; and
the said Court condemns M. Tabeau to bear all losses, expenses
and damages which may have occurred to the peltries seized and
deposited at the house of M. Isidore LaCroix ; and condemns him
likewise in all costs and charges of the said seizure and suit, and
M. Robidou in the cost of the seizure obtained by him, the Court
having been informed that M. Tabeau with the assistance of M.
Pepin had carried off and transported to the Spanish bank some oil
and grease, which was seized, in spite of the prohibition made to
him in the preceding writ of seizure and in defiance of the authority
of the Court; for which there will be execution.
Ant. Girardin.
M. Glamorgan, Plaintiff, vs. Louis Coste and his wife, defen-
dant, not appearing after summons was served on them.
In view of the note of the said Coste and his wife for 815
pounds of flour, which has matured, the Court condemns them
to pay it with the costs and charges.
Ant. Girardin.
The Court adjourned to February i, 1790.
At a Court February i, 1790.
MM. Antoine Girardin, President. Philippe Engel.
Bte. Dubuque. Charles DuCharme.
No cause having been presented, we adjourned the Court to
the first of March next.
Ant. Girardin.
436 ILLINOIS^ HISTORICAL COLLECTIONS
A une Cour Extraordinaire Du deux fevrier 1790
M'^ antoine girardin Presidant B*^ dubuque
Philipe angel Charle ducharme
Louis Chatel
La cour siegeante Contre le S^ Jean marie Papin citoyen
de la Rive espagnole detenu aux fers prisonnier a lagarde de thom
bredy Bailly de la cour.
Avons fait comparoitre le S'" Louis Lebrun habitant de ce
poste lequel apres sermant par luy fait de dire la verity Sur les
Saints Evangiles luy avons demande a quel dessein le s^ Papin
avoit Ete ches luy le dimanche trois de Janvier dernier.
a repondu que le s^ Papin avoit Ete ches luy ledit jour vant
la messe luy demander sil vouloit luy preter sa maison pour
faire une assemblee. quil avoit une requete a presenter aux habi-
tans, quil vouloit faire cette assemblee pour avoir une Cour de
jur^ pour apeller de la sentence de la cour Et voir Sil pouvoit se
relever de son affaire qui est tout ce quil a dit savoir lecture a luy
faite de Sa deposition a dit contenir verity y a persiste a dit ne
savoir signer Et fait sa marque ord^^.
marque + de sl^ Girardin
Louis Le Brun
Avons fait paroit^^ le s^ Joseph Lapensee habitant de ce village
lequel apres sermant par luy fait sur les Saints Evangiles de dire
verite luy avons demande ce que le s^" Papin luy a dit lors quil a
Ete aujourdhuy p'^ Larreter
a dit quen le conduisant en prison le s^ Papin luy avoit dit
pourquoy ont ils Employe le peuple p^ mareter. ils ont raison
par ce que si setoit des magistra je ne sait pas ce quil en nauroit
Ete qui est tout ce quil a dit savoir lecture a luy faite de sa declar-
ation a dit contenir verite y a persiste Et a declare ne savoir signer
a fait sa marque ord^^
marque a* Girardin
+
de Joseph Lapensde
1 The case is interesting, when it is remembered that the Spanish subjects were doing
their utmost to drive the French from the American Bottom. Although the case was appar-
ently based on a commercial transaction, this attempt to undermine the power of the Court
may be due to the same policy pursued by the Spanish at Kaskaskia. See Introdtiction, p. cxlii.
COURT RECORD, FEBRUARY, 1790 437
At a special session of the Court, February 2, 1790.
MM. Antoine Girardin, President. Charles DuCharme.
Philippe Engel. Louis Chatel.
Bte. Dubuque.
The Court in session vs. M. Jean Marie Pepin, citizen of the
Spanish bank, detained in irons as a prisoner in the custody
of Tom Brady, baihff of the Court. ^
We have summoned M. Louis Lebrun, inhabitant of this post,
of whom, after oath was made by him on the Holy Gospels to tell
the truth, we demanded for what purpose M. Pepin had been
at his house Sunday the third of January last.
He answered that M. Pepin had been at his house the said
day before mass to ask him if he would lend him his house for
the purpose of holding an assembly; that he had a petition to
present to the inhabitants and that he wished to have this assem-
bly in order to have a court of jurors so that he could appeal from
the sentence of the Court and see if he could not obtain relief in
his affair; which is all that he said he knew. Reading was made
to him of his deposition and he said that it contained the truth
and persisted therein; and he said that he did not know how to
sign and has made his mark.
Mark -j- of
Louis Lebrun Ant. Girardin.
We have summoned M. Joseph Lapance, inhabitant of this
village, of whom, after oath was made by him on the Holy Gos-
pels to tell the truth, we demanded what M. Pepin said to him
at the time he went to-day to arrest him.
He said that while conducting him to prison M. Pepin had
said to him: "Why have they employed the people to arrest
me? They are right, because if it had been magistrates, I do not
know what would have happened;" which is all that he said that
he knew. Reading was made to him of his deposition and he said
that it contained the truth and persisted therein; and he said
that he did not know how to sign and has made his mark.
Ant. Girardin Mark -|- of
of Joseph Lapanc^.
438 ILLINOIS HISTORICAL COLLECTIONS
Ladite cour a fait comparoitre En la Chambre du greffe led* S^
Papin, lui a Et6 demande par M'" Le presidant girardin pour quoy
il avoit reparii sur cette Rive Et En ce village le jour de hier au
mepris des deffences au mepris des deffences [sic] qui luy ont Et6
cy devant faites sans en demander une permission au commandant
de ce poste ou a un magistra de la cour tel quil luy Et^ Enjoint
par notre decret du quatre Janvier dernier Et pourquoy il avoit
encore paru et reste deux jours la semaine pass^e dans ce village
centre led* decret.
a Et^ Longtems Sans repondre Et apr^s Lavoir somm^ de
repondre a dit quil navoit Rien a dire que ce netoit pas icy ou il
repondroit.
Luy a Et^ demand^ pourquoy il a dit aujourdhuy a ceux
qui ont Ete pour Larreter quon se servoit du peuple p'^ Larreter
que si savoit Ete des magistra il ne se seroit pas laisse prendre si
facilement.
a dit quil navoit Rien de repondre.
La Cour ayant murement deliber^ Entrelle a declare led* s'
Papin Perturbateur du repos public En ce vilage ateint et convaincu
davoir voulu Exiter une sedition contre la cour Et tenu dans ce dit
vilage des discours Contrelle tendant a menaces, mepris et aten-
tatoire a son authorite et autres propos injurieux pour reparation
de quoy ladite Cour le Condamne a tenir prison aux fers a la
garde du Bailly de deux miliciens Et dun officier de milice pen-
dant cinq jours au bout du quel tems sera mis dehor de la
prison et conduit par la garde au missisipy Enjoint a luy de
traverser sur la partie Espagnole et de ne jamais reparoitre
En ce village Et dependances de ce district sans une permis-
sion du Commandant de ce poste ou dun magistra a peine de
punition Corporelle le condamnons En outre En tous les frais
de lextraord^^ que la cour a liquidez a la somme de quatre
cent quarante livres En argt suivant le compte arrets quil payera
Comptant avant de sortir de prison ce qui sera execute par
privilege Et nonobstant toute representations, donn^ Et deli-
1 The decree is not in the Record.
COURT RECORD, FEBRUARY, 1790 439
The said Court summoned to the chamber of the clerk the
said M. Pepin and asked him through M. the President Girardin,
why he had reappeared on this bank and in this village yesterday
in defiance of the prohibition which had been herebefore made
him, without asking permission therefor from the commandant
of this post or one of the magistrates of the Court, as he was
commanded by our decree of the fourth of January last; and
why he had again appeared and remained the past week in this
village contrary to this decree.^
He has been a long time without answering and, after
having summoned him to answer, he has said that he
had nothing to say, that it was not here where he would
answer.
It was asked him why he said to-day to those who have been
to arrest him that they made use of the people to arrest him,
that, if it had been magistrates, he would not have permitted him-
self to be taken so easily.
He said that he had nothing to answer.
The Court having carefully deliberated declared the said M.
Pepin a disturber of the public peace in this village, caught and
convicted of having wished to excite a sedition against the Court ;
and he has held in this said village discourses against it, leading
to menaces, defiance and outrage on its authority, and other
injurious talk; for reparation of which the said Court condemns
him to be held in prison in irons under the custody of the bailiff,
two militia-men and an officer of the militia for five days; at the
end of which time he shall be placed outside of the prison and
conducted by the guard to the Mississippi, and commanded to
cross to the Spanish part and never to reappear in this village and
the dependencies of this district, without a permission of the com-
mandant of this post or of a magistrate, on pain of corporal punish-
ment. We condemn him furthermore in all the costs of the special
session, which the Court fixes at the sum of four hundred and
forty livres in money according to the account drawn up, which he
shall pay before leaving prison, for which there will be execu-
tion by privilege and notwithstanding all representations.
440 ILLINOIS HISTORICAL COLLECTIONS
here par la dite Cour led* jour deux fevrier mil sept Cent
quatre vingt dix,
[Signed]
DuCharme Philipe Engel
Sa Bte Dubuque
Louis + Chatel a* Girardin
marque
a une Cour du 3. mars 1790.
M'^" antoine girardin Presidant B*® dubuque
Philipe angel P^^ Laperche
Charles ducharme Louis Chatel
Mr aRundel Negociant a fait comparoitre michel peltier pour
luy payer la somme de quarante quatre livres En argent par
son compte apres luy avoir demande.
Led* michel Peltier a repliqu^ que M'" Rondel luy avoit dit
quil ne le presseroit pas Et quil ne Croyoit pas quil le forceroit a
le payer presentement quil Etoit surpris quil luy envoyoit une
assignation quil sen Etoit Raporte a sa parole.
a quoy le s^ Rondel a repondu quil avoit Ete ches luy demander
son payement Et quil Etoit sur son depart quil avoit Besoin de
son argent quil ne se souvenoit aucunement de luy avoir dit quil
luy donneroit du terns.
La Cour condamne led* michel Peltier antaya a payer comp-
tant et sans delais son Compte de quarante quatre livres. Et
condamne le S'" arundel aux frais sur ce quil est Convenu de ne
pas presser led* antaya Et quil a declare ne pas sen souvenir led*
antaya ofrant des preuves, a quoy le S^ Rondel sest soumis p^
lesd* frais ce qui sera execute.
a le Meme Cour
M^ Rondel Contre Joseph Cecire.
M^ Rondel demande aud* Cecire un Compte de la somme de
trente livres par son Compte ce que led* Cecire Est Convent
mais quil ne pouvoit payer par ce que Ion ne le payoit pas surquoy
la Cour Condamne led* Cecire a payer au s^ aRundel sans delais
Et aux frais Et depens.
COURT RECORD, MARCH, 1790 441
Given and determined by the said Court the said day, Feb-
ruary 2, 1790.
[Signed] DuCharme. Philippe Engel.
His Bte. Dubuque.
Louis + Chatel Ant Girardin.
mark
At a Court, March 3, 1790.
MM. Antoine Girardin, President. Bte. Dubuque.
Philippe Engel. Pierre Laperche.
Charles DuCharme. Louis Chatel.
M. Arundel, merchant, summoned Michel Pelletier to pay him
the sum of forty-four livres in money according to his account,
after having demanded it of him.
The said Michel Pelletier replied that M. Arundel had told him
that he would not press him and that he did not believe that he
would compel him to pay now ; that he was surprised that he sent
him a summons, that he had relied on his word.
To which M. Arundel answered that he had been to his house
to demand of him his payment; and that he was about to leave;
that he had need of his money; that he did not remember at all
having said to him that he would give him time.
The Court condemned the said Michel Pelletier Antaya to pay
in cash and without delay his account of forty-four livres; and con-
demns M. Arundel to pay the costs, because he agreed not to
press the said Antaya and has declared that he did not recollect
it, when the said Antaya offered proofs, whereon M. Arundel
has submitted for the payment of the said costs, for which there
will be execution. I
At the Same Court.
M. Arundel vs. Joseph Cesirre.
M. Arundel sues the said Cesirre for an account of the sum of
thirty livres according to his account to which the said Cesirre
agreed; but which he does not pay, because some one does not
pay him. Whereupon the Court condemns the said Cesirre to pay
to M. Arundel without delay and to pay the costs and charges.
442 ILLINOIS giSTORICAL COLLECTIONS
Mr Rundel demandeur Centre janot lapensee defandeur nay-
ant voulu paroitre et apr^s avoir Ete apelld par trois fois a la
porte de Laudience assignation luy a3^ant Ete donn^e par
Ihuissier de la Cour le Jour de hier.
Le demandeur demande aud^ lapensee le payement de son
compte p'" fourniture de marchandises montant a la somme de
Cent soixante onze livres atendti son depart p^ la prairie du Chien
ne pouvant atendre plus longtems.
La Cour vu le refus dud* deffendeur de paroitre apres assigna-
tion a luy donn^e. la dite Cour le Condamne a payer sans delais son
dit Compte montant a Cent soixante onze livres et aux frais et
depens.
FRANCOIS TURGEON demandeur Contre le fevre forgeron nayant
voulu paroitre apres assignation a luy donnee Et apelle par
trois Cris a la porte de laudience le s^ Chatel comparant p^
luy.
Le demandeur demande au deffendeur le payement de son
salaire p^ fauchage de foin montant a la s® de soixante une livres
sur quoy le s^ Chatel a dit que le s^ Lefevre luy avoit dit quil ne
luy devoit que quarante neuf livres sur quoy la Cour a condamne
le deffendeur a payer sans delais ce quil doit aud* turgeon mon-
tant a soixante une livres et aux frais Et depens ce qui sera
Execute.
ANTOINE HARMAND dit SANS FACON demandeur Contre M^ jean
DUMOULIN deffendeur
Le demendeur demande au deffendeur une paire de Boeuf quil
luy a vendu p^ la somme de 550^^ Et une paire de Soulier luy ayant
Consenty son billet de pareille somme pour payer dans le mois de
ybre prochain En farine au prix du Cour les quels Boeuf led* s^
dumoulin sest oblige verbalement de luy livrer a sa demande quil
requeroit sur le refus de M'^ dumoulin que la Cour loblige a luy
livrer lesd* Boeuf M^ dumoulin a repondu quil offroit de livrer
lesd* Boeuf quil reconnissoit les avoit vendu mais que par megarde
le billet du s^ sans facon Etoit dechir6 quil luy en avoit represent^
les morceau quil avoit Reconnu quil demandoit avant de luy
livrer les Boeuf quil luy donna un Caution p^ payer aud* tems et
COURT RECORD, MARCH, 1790 443
M. Arundel, Plaintiff, vs. Janot Lapance, Defendant, who has
been unwilling to appear, after having been called three times
at the door of the audience chamber, the summons having
been served on him yesterday by the huissier of the Court.
The plaintiff demands of the said Lapance the payment of
his account for supplies of merchandise amounting to the sum
of one hundred and seventy-one livres, because of his departure for
Prairie du Chien, and since he cannot wait longer.
In view of the refusal of the said defendant to appear after
summons was given to him, the said Court condemns him to pay
without delay his said account, amounting to the sum of one
hundred and seventy-one livres and to pay the costs and charges.
Francois Turgeon, Plaintiff, vs. Lefevre, smith, who has
not wished to appear after summons was given him, and he
was called three times at the door of the audience chamber and
M. Chatel appeared for him.
The plaintiff demands of the defendant the payment of his
wages for mowing grass, which amount to the sum of sixty-one
livres. Whereupon M. Chatel said that M. Lefevre had told him
that he owed the plaintiff only forty-nine livres. Whereupon the
Court condemned the defendant to pay without delay what he
owed the said Turgeon, amounting to sixty-one livres and to pay
the costs and charges, for which there will be execution.
Antoine Harmand called Sansfajon, Plaintiff, vs. M. Jean
DuMOULiN, Defendant.
The plaintiff demands of the defendant a pair of oxen which he
sold to him for the sum of 550 livres and a pair of shoes, having
accepted from him his note of like sum payable in the month of
September next in flour at the price current ; which oxen the said
M. Dumoulin bound himself verbally to deliver to him on demand.
He prayed, on the refusal of M. Dumoulin, that the Court compel
the latter to deliver to him the said oxen. M. Dumoulin an-
swered that he offered to deliver the said oxen and that he ac-
knowledged that he had sold them, but that by inadvertance the
note of M. Sansfajon was torn ; that he had shown the pieces of it to
him; that Harmand acknowledged that he, Dumoulin, demanded,
444 ILLINOIS HISTORICAL COLLECTIONS
quil luy Consenty un autre billet a la place de celuy qui Etoit de-
chire par inadvertance. vu aussi la declaration de M'^ aRundel
Et izidore laCroix temoins aux conventions des parties. La Cour
ordonne aud* antoine harmand de fournir un Caution au s^
dumoulin avant de luy livrer lesd* Boeuf Et de luy refaire un
autre Billet En place de celuy dechire Et a defaud par led* s'"
harmand de ce faire sous huit jours le marche sera de nule valeur
Et En satisfaisant a la presente sentence ordonne au s^ dumoulin
de livrer lesd* Boeuf condamne led* harmand aux frais.
La cour est ajournee au 1^^ avril prochain.
a* girardin.
A une Cour du premier avril mil sept Cent quatre vingt dix.
M'''' antoine Girardin Presidant Charle ducharme
Philipe angel Louis Chatel
Le S'" Layle marchand de Canada demandeur Contre Francois
LAPENSEE deffendeur.
Le demandeur demande au deflfendeur la quantite de 298^}
de farine ou en argent 119^^ 10* quil lui doit par son Billet Echu
Et aux frais et depens oui le S^ Lapensee qui a reconnu devoir
ladite Somme et quil na pas refuse le payment au demandeur.
Et quil offroit Encore de payer, oui aussi led* demandeur qui
a dit quil avoit demande nombre de fois Son payement aud*
deffendeur Et quil lavoit toujour remis de jour En jour jusqua
aujourdhuy.
La cour par deliberation a Condamne le deffendeur a payer
sans delais son Billet En farine ou argent Contant Et sans delais
montant a 298^} de farine ou 119^^. 10^ En argent et aux frais
et depens. ce qui sera execute
a la meme cour
le Nomme Wadel demandeur Contre pierre Lafleur deffen-
deur.
Le demandeur a expose a la Cour quil avoit achete une vache
pleine du S^ Lafleur p^ quinze minots de mahis Et Cent livres
de Lard moyennant qui ce seroit une Bonne vache laitiere Et
COURT RECORD, APRIL, 1790 445
before delivering the oxen to him, that he give surety that he
would pay at the said time and that he make another note in
place of that which was torn by inadvertence. In view also of the
affidavits of MM. Arundel and Isidore LaCroix, witnesses of the
conventions of the parties, the Court decrees that the said Antoine
Harmand furnish surety to M. Dumoulin, before the latter delivers
to him the said oxen, and make another note in place of the torn
one; and in default by the said M. Antoine Harmand to do this
within a week, the bargain shall be null; and if he satisfies the
present decree, the Court orders M. Dumoulin to deliver the said
oxen ; and condemns the said Harmand to pay the costs.
The Court adjourned to the first of April next.
Ant. Girardin.
At a Court, April i, 1790.
MM. Antoine Girardin, President. Charles DuCharme.
Philippe Engel. Louis Chatel.
M. Layle, trader from Canada, Plaintiff, vs. Francois La-
PANCE, Defendant.
The plaintiff demands of the defendant the quantity of 298!
lbs. of flour or 119 livres 10 sols in money, which he owes him on
his note, and costs and charges. Heard M. Lapance who acknowl-
edged that he owed the said sum and said that he did not refuse
the payment to the plaintiff and offered still to pay it. Heard also
the said plaintiff, who said that he had demanded a number of
times his payment of the said defendant and that he had always
put him off from day to day until to-day.
The Court, on deliberation, condemned the defendant to pay
without delay his money in flour or money, amounting to 298 jibs,
of flour or 119 livres 10 sols in money, and to pay the costs and
charges for which there will be execution.
At the same Court.
The named Waddell, Plaintiff, vs. Pierre Lafleur, Defendant.
The plaintiff sets forth to the Court that he had bought a cow
with calf for fifteen minots of corn and a hundred pounds of bacon
with the understanding that it was a good milk cow and without
fault; and that he had taken the cow to Grand Ruisseau; but that,
446 ILLINOIS HISTORICAL COLLECTIONS
•
sans deffaud Et quil avoit Emmene la vache au grand Ruisseau
mais quetant velee Elle navoit pii nourir son veau Et quil Etoit
mort la mere n'ayant pii nourir que de plus il setoit apercu que
ladite vache navoit que deux trions que les deux autres Etoient
Sees, quil avoit fait son payement aud^ s^ Lafleur. quil Reque-
roit que le S^ Lafleur luy remete une autre vache prete a veler
Bonne Et sans deffaut. ou luy remetre son payement et aux frais
et depens que dailleur il ne Croyoit pas que ce fut la meme vache
que le deffendeur luy avoit propose.
oui led* S^ Lafleur deffendeur qui a dit quil avoit vendti
ladite vache aud* Wadel En presence de M^ schemitz Et de meu-
nier qui a Servy dinterprete, quil la averti de la visiter et que si
elle ne luy Convenoit pas de la Laisser Et de ne pas lammener
quil ne vouloit point de reproches. que le S^ schemitz lavoit
visitee que vadel Lavoit visitee Et quil sen Etoit trouv^ Con-
tant Et luy avoit mis une Corde dans les cornes et Lavoit Em-
men^e.
En concequance avons fait faire sermant sur les Saints Evan-
giles au S^ schemitz achison qui ont dit etre present Et qui
ont Explique a la Cour Les memes dires du demandeur. Vti
aussi le Certifficat du Nomme meunier qui a Servy dinterprete
aud* marche et visite de ladite vache cy joint et sermante devant
deux magistrats de la Cour, donne a cause de son depart led^
certiflicat En faveur de s^ Lafleur. Le tout examine la Cour a
renvoye les parties a la prochaine Cour jusques a larivde du
Nommd meunier qui a servi dinterprete Et de temoins. y ayant
contrariete de deposition Entre les deux temoins de Wadel et de
lafleur.
La Cour est ajournee au i^^ may prochain.
A* Girardin
1 The Court never met again, for on the 27th of the month Governor St. Clair established
the county of St. Clair. Thus after eleven years of existence the Court founded by Jo^jCi
Todd came to^an end. — Smith, St. Clair Papers, ii, 165.
COURT RECORD, APRIL, 1790 447
after calving, she could not nourish her calf not being able to
suckle it, and it was dead; that, moreover, he noticed that the
said cow had only two teats, the other two being dry ; that he
had made his payment to the said Lafleur and that he prayed
that M. Lafleur give him another cow ready to calve, good and
without fault, or return to him his payment, and pay the costs
and charges; that besides he did not believe that it was the same
cow which the defendant had offered.
Heard the said M. Lafleur, defendant, who said that he had
sold the said cow to the said Waddell in the presence of M. Smith
and of Meunier who acted as interpreter; that he warned him to
examine her and if she did not suit to leave her and not to take
her away, that he did not wish reproaches; that M. Smith had
examined her, that Waddell had examined her and that he was
satisfied with her, had put a rope on her horns and led her away.
In consequence we have caused MM. Smith and Atchison, to
make oath on the Holy Gospels and they have said that they were
present and declared to the Court the same as the plaintiff. In
view also of the certificate of the named Meunier, who acted as
interpreter for the said bargain and examination of the said cow,
herewith joined and sworn to before two magistrates of the Court
and given because of his departure, the said certificate being in
favour of M. Lafleur, and after all was examined, the Court dis-
missed the parties to the next Court until the arrival of the named
Meunier who acted as interpreter and witness, since there is a con-
tradiction between the testimony of the two witnesses of Waddell
and that of Lafleur.
The Court adjourned to the first of May next.^
Ant. Girardin.
EXTRAITS DES REGISTRES DE LA JURISDICTION
DES CAHOKIAS.
Enprese [Over a third oj the leaf torn off.]
Etleque aux Sieur
Livre de compte obligation
les Ilinois et ce an Consideration
me faira le plaisire de donne soixa ...'... .a leglise
dire Cent une messe et deux Service a de mor en foy
je luy donne le present pour luy Servire aux Besoin sans que ne
puis linquitter ne Sachan Signe apres lecture faite je ay fait ma
marque a St Louis le 28 may 1773.
P Chanarde (signe) marque + de maroy
temoin Blondeau tem
L'an Mil Sept Cent Soixant quatorze le vingt deux de No-
vember, fut Present le Sieur Charle Marois pardevant nous dit
notaire que la Presente donnation qu'il a faite en faveur de Clem-
[ent] L'anglois est Sa mesme tenneur en cas de mort, et faire dire;
de plus Cinquant maisse Basse pour le Repost des ames du pere
et de la mere du dit Marois aux Caokias Les jour et an susdit.
pd signe + Marque de Charles Marois
Senet No^^
Vu et approuve le testament en L 'autre Part donnons pou-
voir au Sieur L'anglois de le mettre en Execution pourvu qu'il
acquite toutes les dettes du Dejede Donne au Kahos a 8*^ Sep^®
1778. Signe G. R Clark
Kahos this i2*^Dec^ 1778
True Copy of the orginal
Richard McCarty P N
1 Cahokia record in the courthouse of St. Clair County, 111. It was originally bound in a
flexible paper cover, but is now bound in old parchment covers and the whole bound again
in stiff covers. The size of the paper is 15 by gi inches. There are 58 pages, four of which
are blank. They are numbered Folio 5, etc. Evidently one page is missing at the beginning.
The writers are the successive notary-clerks of the Court, who generally signed themselves as
notaries, although most of the entries are such as French law required to be registered by the
448
EXTRACT OF THE REGISTERS OF THE MAGIS-
TRACY OF CAHOKIA.i
In presence [Over a third of the leaf torn off.]
and bequeath to M
account book, note . . . :
the lUinois and this in consideration
will give me pleasure to give sixty to the church ....
to say one hundred and one masses and two services to .... of dead.
In faith [of which] I give him the present to serve him in case of
need without that cannot disturb him. Not knowing how
to sign, after reading made, I have made my mark at St. Louis,
May 28, 1773. signed, Mark -(- of Marois.
P. Chanarde, Witness. Blondeau, Witness.
The twenty second day of November of the year one thousand
seven hundred and seventy-four was present before us, said notary,
M. Charles Marois, who declared that the present donation, which
he has made in favor of Clement Langlois is his last wish in case of
death ; and that he wished to have said furthermore fifty low masses
for the repose of the souls of the father and mother of the said
Marois. At Cahokia the day and year aforesaid. signed
+ Mark of Charles Marois.
Senet, Notary.
Seen and approved the testament on the other part and we
give power to M. Langlois to put it in execution, provided he pays
all the debts of the deceased. Given at Cahokia, September 8,
1778. Signed, G. R. Clark.
Cahokia this 12th of December, 1778.
True copy of the original,
Richard McCarty, P. N.
clerk, which title should have been used in the majority of cases. The book corresponds to
the record of the modern recorder, but since there are entries of acts which are not purely
legal instruments, the word jurisdiction has been translated by magistracy. The transcrip-
tion is by the editor.
449
450
ILLINOIS HISTORICAL COLLECTIONS
[Reverse of torn leaf] able
on bien da. . . .
en Date 28^^ d. .
le 22"^ de Novembre ....
par le Commandant de . . . .
jour de September 1778.
Peletries
nque Barricque de Taffia a la
.... Douze Cent Cinquant Livre en Peletries
. . nviroin quarant Livre de mauvais poudua
feu a Quarant Livres en Peletries
Item trois case de Savon de f ranee a quatrvingt dix
Livres en Peletries
Item Deux Cent quatrevingt Livre de peau de chev-
reuil
Estemer une Grand et une petit marmitte a vingt Six
Livres en Peletries
Item un Cruche et un mechant prelat a quinze
Livre
Item deux fuzil fin a Soixant quinze Livre
Item trent neuf aun Gros Brin a trent sols L'aune
Item deux mals une neuf et I'autre vieux a vingt
trois livre
Item treze mouchoir rouge mais petit a Cinquant
sols p^ mouchoir
Item une Chapeau avec une Loupe et Button dore
a quinze livres
Item une CuUotte et une veste de Drouguette de
soye a Trent Livres
Item une Vielle vest d'lndienne et une jillet de taf-
ata a trois Livre
Item une vest et un CuUot de rats de Castore a
quinze Livres
Item une Veste de drap Brun a Beuillain de velour
noir a Douze Livres
[ 1250^^ "
((
t 40
((
((
1 90
<(
u
I 280
<(
((
I 26
u
<(
• 15
u
u
75
n
((
58..
10
u
( •'
i(
n
\ "
10
11
\ -
((
ii
■ 30
u
ii
[ '
u
u
I ■=
11
li
[ [1=]
11
a
CLERK'S RECORD, DECEMBER, 1778 451
[Reverse oj torn leaf] able
well
under date of 28, . .
the 22nd of November ....
by the commandant of
day of September, 1778.
Peltries
casks of tafia at the ) livres sols de
twelve hundred and fifty livres in peltries.
) livres
(1250
(( (I
, about forty pounds of poor gun powder at forty I
livres in peltries.
y 40
H It
<< ((
ii u
li ((
il (C
Item, three cases of French soap at nine livres in )
peltries. )
Item, two hundred and eighty pounds of deer-skin. 280
Appraised a large and a small saucepan at twenty- j .
six livres in peltries. i
Item, one pitcher and one tarpaulin at fifteen )
livres. )
Item, two good guns at seventy-five livres. 75
Item, thirty-nine ells of coarse hemp [rope?] at) rc tq "
thirty sols the ell. )
Item, two trunks, one new and the other (»ld, at | «' u
twenty- three livres. )
Item, thirteen handkerchiefs, red but small, at fifty | «
f 32 10
sols per handkerchief. v
Item, one hat with ornament and gold button at fif- ) « u
teen livres. )
Item, one pair of breeches and one vest with silk )
il ((
drugget at thirty livres.
Item, one old vest of printed calico and one tafeta )
waistcoat at three livres. )
Item, one vest and one pair of breeches of beaver )
it ((
at fifteen livres.
Item, one vest of brown cloth a Beuillain[?] of
black velvet at twelve livres.
12 " "
452
ILLINOIS HISTORICAL COLLECTIONS
Item un Capeaut de Cade Brun et un Jillet noir
tous les deux Vieu a Sept Livre
Transporte a 1 'autre pa[rt]
[L1972]
(Folio 3 Kahds 1778-)
Peletries
L 1972 " "
12 " ''
12
12
Suitte de Lautre part
Un Vest de Taffita Vert a douze livre cy
Item un Capot de Cade avec de parament de Ve- )
lour de Cramoiser a douze Livres )
Item une Habit & une Culot de Taffata de Coleur |
du Cendre tous les deux vieux f
Item deux Coupon d'une p^ de p*" du Rubon et deux ^
Livre de files de Eppinette a douze Livres f
Item deux p^ de Bas de Soyes a demie use a la )
some de Douze Livre )
Item deux mouchoir demie user avec deux drap de |
Beaufort de quatre aun vieu a dix huit Livre f
Item une petit miroire une Boucle ou Savonette une
petit pot avec d'pomade deux douzaine petit
Boutton a diamond et un p^ de Boucle de jarri-
tiere d'argent a six Livres J
Item six aun de polonaise rouge a Six Livre p^ aun
Item Quatre Sac de grose toil a Six Livre
Item une Faulx une Pistolet un sortin une Goblet
de Cristal et enviroin huit Livre de Savon tous
a vingt Livres
Item deux Terreine & un Serotte a Trois Livre
Item une Bodette une mattalass une Petit lit de
plume une vielle Casette une vielle Castete et
une Gratte a Trente trois Livres
Montant en Peletries L 2147
36
20
33
1 At first the pages are numbered folio, and later alternately folio and reverso, which is the
correct form.
CLERK'S RECORD, DECEMBER, 1778
453
Item, one cloak of brown cade[?] and one black
waistcoat, both old, at seven livres.
Carried forward. L 1972
(Folio 3. Cahokia 1778)1
Brought forward
One vest of. green tafeta at twelve livres
Item, one cloak of cade [ ?] with trimmings of crim- j
son velvet at twelve livres. )
Item, one coat and one pair of breeches of ash color, )
both old. 1
Item, two remnants of [ ?] ribbon and two j
pounds of spinet strings at twelve livres. )
Item, two pair of silk stockings, partly worn, at the [
sum of twelve livres. \
Item, two handkerchiefs, half used, with two Beau- )
fort sheets of four ells, old, at eighteen livres. \
Item, one little mirror, a buckle, a soap ball, a lit- ^
tie jar with pomade, two dozen little diamond !
buttons and one pair of silver garter buckles, at |
six livres. ^
Item, six ells of red polonaise at six livres an ell
Item, four coarse cloth sacks at six livres.
Item, a scythe, a pistol, a sortin, [ ?] a glass goblet \
and about eight pounds of soap, all at twenty V
livres. )
Item, two earthen jugs^ and a serotte [ ?] at three )
livres. )
Item, one strap bed, one mattress, a little feather )
bed, one old casket, one old tomahawk and a >
scraper at thirty-three livres. )
Peltries
L 1972 *
12 '
12
12
18
36
6
20
2,Z
Amounting in peltries L 2147 '* "
^ Terreine is the name given earthen jugs used for clarifying the river water.
454 ILLINOIS HISTORICAL COLLECTIONS
Etats de Billiets due et par que Due
Item par la [sic] Sieur Honore 60 " ''
p^ le S^ Durand Neg* 27.10 "
p une mandat de S^ Jo'' allarie 15 " "
p^ Jo^ Lambert 150.10 "
p^ LeBeau DeChene 82.10 "
p^ L S'* Valle Chasseur 103 " "
p^ Le Petit Baribeau 310 " "
p^ 2 Billet de S^ michot Placette 239.17.6
p^ L S'" Lepierre 304 " "
p'- P S^ Bapt allary 48.5 "
p^ Aimable Lapage 150 " "
p^ Sanfacon Lai^ 242 " "
p'" maillie 197 " ''
p^ argent de Colonie 55 " "
Porte autre part L 41 31. 12 [6]
(Folio 4 Kahos 1778.) Peletries
Porte d'autre Part L4131. 12.6
Etats des Dettes par Livres de comptes
&ca &ca &ca
Items Mons^ Pichette 2.10 "
M. Jervais [torn]
M. Glaude Gagnier [torn]
M. Chas DuCharme 8 [torn]
M Mercier fils -. . . . 5 '' "
M. Fagot fils 32.10 "
M. Pierre Chuavin 150 lb farine &c i.io "
M. Louis La mars d^ mechant 19. 10 "
M. Milhomes forgeron 85. 16 "
M Theophile Lemai 25. 12 '*
M Mylotte le jeune 3. 15 ''
M Mylotte I'aine 18. 15 "
M^ Pierre martin Ensigne 21.15"
M. Bap^ Saucier 24 " *'
M. Joseph allarie & Compagnie 15 '' "
M. George 2. 10 "
CLERK'S RECORD, DECEMBER, 1778 455
Statement of notes dup and by whom due.
Item, by M. Honors 60 " "
by M. Durand, merchant 27 10 "
by an order of M. Jos. Alarie 15 " "
by Jos. Lambert 150 10 "
by Le Beau Dechene 82 10 "
by M. Valle, hunter 103 '' "
by Le Petit Baribeau 310 " "
by two notes of M. Michot Placette 239 17 6
by M. Lapierre 304 " "
by M. Bte. Alarie 48 " 5
by Aimable Lepage 150 " "
by Sansfafon Sr 242 " "
by Mailhet 197 " "
by Colonial money 55 " "
Carried forward L4131 12
(Folio 4 Cahokia, 1778.) PcltrieS
Brought forward L'4131 12 6
Statement of debts in livres of account,
etc. etc. etc.
Item, M. Pichet 2 10 "
M. Gervais ' torn
M. Claude Gagnier torn
M. Chas. DuCharme 8 torn
M. Mercier, Jr 5 " "
M. Fagot Jr 32 10 "
M. Pierre Chauvin, 150 lbs. of flour, etc i 10 "
M. Louis La Mars called Mechant 19 10 "
M. Milhomme, blacksmith 85 16 "
M. Theophile Lemay 25 12 "
M. Milot Jr 315 "
M. MilotSr 18 15 "
M. Pierre Martin, ensign 12 15 "
M. Bte. Saucier 24 " "
M. Joseph Alarie & Company 15 " "
k
(< il
H it
456 ILLINOIS HISTORICAL COLLECTIONS
M. Drouart 26. 18 "
M. D'etre 2. 10 '*
M'" Thomas Brady 33- 15 "
M. Germain Voyageur 65
M. Joseph Giroux 47- 10
M. Francois Trottier Ecuyer 14 "
M. Dornon Soldat 4. 10
M. Gagnon La Mason 20
M. Jimme frinos 12. 25 "
M. Etienne Et^ i- 5 "
M™® Laflanme le jeunne 6. 5 "
M™ Denau & Hanson 7. 10 "
M. Renard Deloge 6. 5 "
M. Touranjeau Lieu^ 9. 15 ''
M. Monette 4. 10 *'
M. B^e Metot 2. 10 '*
M. Dormeur Lafleur i. 5 "
M. Beaulieu 5 *' "
M. Charles Valle Chasseur 2. 10 '*
M. Mercier pere i. 5 "
M. Chabot 21 " "
porte autre part [L 4731 12 " ]
(Folio 5 Kah6s 1778.) Peletrics
Suitte de 1 'autre Part L 4731. 12 "
M^ Govard d^ Barron p^ compte 13. 10 ''
M. Louis Pillet 4. 5 "
M Joseph LaPan^a 2. 15 "
M. Demoulin 7. 10 ''
M. Prennovaux 18 " "
M. LaGrave 5 *' "
M. Rassette 6 " ''
M. Antoine Boyer 2. 10 '^
M. Reille 1. 17.6
M. Louis Trottier 2. 10 "
M. Cocue Coorville , 3.15 "
i
Carried forward L4731 12
(Folio 5 Cahokia, 1778.) Peltries
Brought forward L4731 12
M. Govard called Baron for account 13 10
M. Louis Pillet 4 5
M. Joseph Lapance 2 15
M. Dumoulin 7 10
M. Prenouvau 18 "
M. Lagrave 5 "
M. Racette 6 "
M. Antoine Boyer 2 10
M. Reilhe i 17
M. Louis Trottier 2 10
M. Cocue Courville 3 15
CLERK'S RECORD, DECEMBER, 1778 457
M. George 2 10 "
M. Drouart 26 18 "
M. Dare 2 10 "
M. Thomas Brady 3315 "
M. Germain, traveler 65 " **
M. Joseph Giroux 47 10 "
M. Francois Trottier, Esquire 14 " "
M. Domon, soldier 4 10 "
M. Jimmie Frincs 12 5 "
M. Etienne Et^ i 5 "
Madame Laflamme Jr 6 5 "
MM. Denau & Hensra 7 10 "
M. Renard Desloges 6 5 "
M. Touranjeau, Lieut 915 "
M. Monette 4 10 "
M. Bte. Methot 2 10 "
M. Dormeur Lafleur i 5 "
M. Beaulieu 5 " "
M. Charles Vall^, hunter 2 10 "
M. Mercier, Sr i 5 "
M. Chabot 21 " "
(( (<
U il
458 ILLINOIS HISTORICAL COLLECTIONS
Comptes des negress
La negresse a Govard 81 " "
Le negre a Mon^ Trottier Joseph 35. 10 "
La mullatresse a M^ Saucier 80 " "
Francois negre a LeCompte 41 " "
Rose negresse a M Buteau 8 " "
Sasa negre a Jacquett 16 " "
Rose la negress a M^ Saucier 21
Moreaux le negre au Compte 16. 5
Cabrie Negre a M^ Touranjeau 11 "
Negress a Robert 6 ''
manuel a Beaulieu 7 "
Therese negress a Beaulieu 21 "
Etienne La sauvage a Taillion 4
Cotton de maillier a Touranjeau 10
, Alexis Sauvage a Cadien 26. 10 "
Jean Bap^ Negre a Beaulieu 35. 10 ''
Pompee negre a Sanfajon 7 " "
montant en Peleteries L 5,224. 19. 6
Erreur dans I'original de 30. 18. 6
montant de I'original L 5,255. 18 "
Apres avoir tous Estemer et Examinier n'ayant plus rien
Trouver des Biens du Defunt Charls Marois nous avons Clos
ledit Inventaire en Presence des Messieurs Francois Trottier
Capitaine de Milice et pierre Martin Ensigne de milice tous les
deux Resident du Village de Cahokias arrette a la somme de Cinq
Mille Deux Cent Cinquante Cinq Livre dixhuit sols six deniers en
Peletries le jour et L'an cidevant Stipules &ca.
Signe fr^. Trottier
marque de Pierre Martin un Croix
Jn° B, Mansen Scripsit
Enregistree a la requisition de Mons^ Clement L'anglois 14 de
Dec^ 1778
pd 4oib in Richard McCarty C. & N. P.
» Moreau, sold to Lecompte, and Manuel, sold to Beaulieu, were the negroes executed
CLERK'S RECORD, DECEMBER, 1778 459
Account of negresses.
The negress to Govard '. 81 " "
The negro to M. Trottier, Joseph 35 10 "
The mulatto girl to M. Saucier 80 " "
Francois, negro, to Lecomte *. . 41 " "
Rose, -negress, to M. Buteau 8 " "
Sasa, negro, to Jacquet 16 " "
Rose, negress, to M. Saucier 21 " "
Moreau, negro, to Lecomte ^ 16 5 "
Cabrie, negro, to M. Turanjeau. 11 '" "
Negress to Robert 6 '' "
Manuel to Beaulieu 7 " '*
Therese, a negress, to Beaulieu 21 " "
Etienne, the savage, to Taillon 4 " "
Cotton de Maillier to Touranjeau 10 " "
Alexis, savage, to Cadien 26 10 "
Jean Baptiste, negro, to Beaulieu 35 10 ''
Pompee, negro, to Sansfajon 7 '' "
Amounting in peltries L 5,224. 19. 6
Error in the original of 30. 18. 6
Amount of the original 5j255. 18. "
After having appraised and examined everything and having
found no other goods of the deceased Charles Marois we have
closed the said inventory in the presence of MM. Francois Trottier,
captain of the militia, and Pierre Martin, ensign of the militia,
both residents of the village of Cahokia and agreed on the sum of
five thousand two hundred and fifty-five livres eighteen sols six
deniers in peltries the day and year here before stated etc.
Signed Fr. Trottier.
Mark of Pierre Martin, a cross.
John B. Mansen scripsit.
Registered at the requisition of M. Clement Langlois, the 14th
of December 1778.
Pd. 40 livres in money [?] Richard McCarty, N. P.
for poisoning M. and Madame Nicolle. Pompee, sold to Harraand called Sansfafon, is the
negro over whom the latter had so much trouble in regard to the payment. See pp. 135, 137,
196, n. i. ,
46o ILLINOIS EtCSTORICAL COLLECTIONS
Le soussigne resident Des Kahos Compte Des Illinois ayant
et^ appelle au Service de sa patrice Et etant a present audit Ser-
vice qui pent lappeller hor de cette Conte Et Province et pour faire
son devoir audit service est oblige d'abandonnd toute Commerce
Et nayant D 'autre Moyen pour paye ses debts quavec L 'argent
Courant de ce pays. Cest pourquoy tous Ceux qui ont quelque
Demande Contre luy sont requis de ce presenter pour en recevoir
Le payement due au dix de juin au quel temp le service de son
patrie Loblige de donner toute son attention, pourquoy il ne pour-
oit repondre a aucune action intente Contre luy. quau retour Du
dit Service, ainsi Ceux qui doivent audit Suppliant Sont requis de
faire payement Sans plus de delay toutes personnes qui ont de Ses
Bons ou Billet de Subsistance pour la Compagnie Sont requis in-
cessament de les presenter pour En Etre paye.
Donne au Fort Bowmante 4 juin 1779, Signe Richard McCarty
Capitaine du batailon Illinois.
Enregistre a la Requisition du Mons^ richard McCarty, Le
4 juin 1779 fr. saucier N. P.
(Folio 7, KahAs 1779-)
Dans Le Cour de Septembre prochain Je payeray a lordre de
Mons^ Dav^® MCrai et Comp^^ La Somme de deux Milles quatre-
vingt treize Livres Cinq Sols en Castor et Pelleteries Savoir le Cas-
tor a cinquante Sols, Les Loutres a Six franc, Et Les autres pelle-
teries au prix Courant du poste pour Valeur recue dudit Sieur Et
ne Sachant signe a fait sa marque ordinaire en presence de te-
moins cy apris. au Grand MaKokite Le 29 Juillet 1779 -une
croix pour Joseph Roy + Lafantaisi temoins.
Dans Le Court de Septembre prochain Je payeray a L'orde
de Mons Dav'^® MCrai et Compa^"^ La Somme de deux Cent
quarente huit Livres dix Sols payable en Castor Et pelleteries
Savoir Le Castor a Cinquante sols La livres Les Loutres a Six
frans pour Valeur recue p^ Son Compte en Marchandises a Defaut
^ This announcement was made in anticipation of the contemplated expedition against
Detroit in June, 1779. — English, Conquest of the Northwest, i, 369.
CLERK'S RECORD, JUNE, 1779 461
The undersigned, a resident of Cahokia in the county of the
Illinois, having been called to the service of his country and being
at present on the said service, which may call him out of this
country and province, and in order to perform his duty in the said
service, is obliged to abandon all commerce; and not having
other means to pay his debts except with the current money of
this country, he requires for this reason that all those who have
any claim against him present themselves to receive the payment
due therefor on the tenth of June, at which time the service of his
country obliges him to give all his attention;^ and also this is the
reason why he cannot answer action brought against him until
his return from the said service; and also those who owe the said
petitioner are required to make payment without longer delay;
and all persons who have his hons or notes of support for the
company are required immediately to present them to be paid
therefor.^
Given at Fort Bowman, June 4, 1779. Signed Richard Mc-
Carty, Captain of the Illinois Battalion.
Registered at the requisition of M. Richard McCarty June 4,
1779. Fr. Saucier, N. P.
(Folio 7, Cahokia, 1779.)
In the Court of September next I will pay to the order of M.
David McCrae and Company the sum of two thousand and ninety-
three livres five sols in beavers and peltries, to wit: the beaver
at fifty sols, the otters at six jrancs and the other peltries at the cur-
rent price of the post, for value received from the said gentleman;
and not knowing how to sign, he has made his mark in the presence
of witnesses hereafter named. At Grand Makokite,^ the 29th of
July, 1779 — a cross for Joseph Roy. -f- Lafantaisie, witness.
In the Court of September next I will pay to the order of M.
David McCrae and Company the sum of two hundred and
forty-eight livres ten sols payable in beaver and peltries, to wit:
the beaver at fifty sols the pound, the otters at six jrancs, for value
received according to his account in merchandise; in default of
which, if I cannot sell the said merchandise, I promise to return
2 Grand Makokite is in the present state of Iowa.
462 ILLINOIS HISTORICAL COLLECTIONS
de quoy si je ne puis vendre Les dites Marchandises de Les re-
mettre en meme nature Comme EUe Sont porte sur ma facture
Et ne Sachant signd jay fait ma marque ordinaire en presence
de temoins ci apres. au Grand makokite Le 29 Juillet 1779.—
marque de Joseph Roy + .
La fantaisie Temoins
Enregistre a La requisition du Sieur Charle Gratiot Le 17
D'aoust 1779. F. Saucier N'"® P
A qui Conque il appartiendra dautant que Charle Gratiot
Isaac Levy, et Jean Baptiste Hubert Lacroix sujet de la Republic
de la Virginie et habitant de la Ville des Cahoskias, ayant repre-
sents quayant fait des depenses considerables en cherchant a pro-
curer et ramasser un Capitale ou une Masse Convenable pour le
Commerce Sauvage, Et quil Sera dans leurs pourvoir de fournir
Les Etats en provisions ou autre Chause necessaire, Lesquelles
sont a present difl&cultueuse a avoir En Consequence Nous trou-
vo[ns] necessaire de les autoriser a accomplir leurs desirs ayant de-
mande une traitte Exclusive pour un Certain tems selon les limites
prescrites.
(Folio 8, Kahos 1779.)
a present il faut savoir que pour mieux les autoriser a Execu-
ter Leur Dessin patriotique Jay accorde Et accorde par ses pre-
sente aux dits Charle Gratiot Isaac Levy Et Jean Baptiste Hubert
Lacroix de ce Jour Jusqu'au premier D'avril prochain Le seul
Et Exclusif pouvoir de commerce et Libre trafic selon Les Limites
prescrites cy bas; Cest a dire, Commencent a la Ville des Cahos-
kias de la montant Le Mississipi Jusqu 'a lentre de la rivierre des
Illinois, et de Chaqu'unes des pointes ou places des dittes bornes,
leurs limites Setendeons sur le Cote de 1 'Quest Vingt Lieu Dans
les profondeurs.
Toutes fois que ceux qui ont Ete revetu des permis pour Les
dittes traittes, Et qui ont des Marchandize destine pour Le meme
Commerce, il Leur Sera permis d'en disposer Selon Les bornes
prescrittes, Jusquau premier d'octobre prochain.
Pourvue que Laditte Societte Sera en tout tems responsable
CLERK'S RECORD, AUGUST, 1779 463
them in the same kind as they are entered in my invoice; and
not knowing how to sign, I have made my mark in the presence
of witnesses hereafter named. At Grand Makokite the 29th of
July. Mark of Joseph Roy +.
La Fantaisie, witness. F. Saucier, N. P.
Registered at the requisition of M. Charles Gratiot, August
17, 1779-
To whomsoever it may concern : Inasmuch as Charles Gratiot,
Isaac Levy and Jean Baptiste Hubert LaCroix, subjects of the
Republic of Virginia and inhabitants of the village of Cahokia,
have shown that they have made considerable expense in seeking
to procure and collect a capital and a suitable fund for trade with
the savages ; and inasmuch as it will be in their power to furnish
the States with provisions and other necessary things which are
at present difficult to obtain: consequently we find it necessary
to authorize them to accomplish their desires, as set forth in their
prayer for an exclusive trade for a certain time within prescribed
limits.
(Folio 8, Cahokia, i779-)
Now it must be known that in order to empower them better
to carry out their patriotic design, I have granted and do grant
by these presents to the said Charles Gratiot, Isaac Levy and Jean
Baptiste Hubert LaCroix from this day until the first of April
next the sole and exclusive power of trade and free traffic within
the limits prescribed herebelow: that is to say, commencing at
the village of Cahokia, from there ascending the Mississippi up
to the mouth of the Illinois river; and from each point and
place of the said boundaries we extend their limits on the side of
the west [east ?] twenty leagues in depth.
Nevertheless it should be known that it is permitted those who
have been given permission for the same trade and who have
merchandise destined for the same commerce, to dispose thereof
within the prescribed limits until the first of October next.
Provided that the said society shall be at all times responsible
464 ILLINOIS HISTORICAL COLLECTIONS
pour Leur bonne Et Juste Conduitte au pouvoir Civile Comme si
devant Et se soumetteront aux Loix Requise.
Donn^ sous ma main Et Seaux aux Cahoskias le premiers Jour
*■ de Septembre Et la quatrieme Annde de notre Republic anno
Domini, 1779. sign^ John Todd.
Je Sertifie La presente pour veritable Copie tires de I'anglois
aux Cahoskias 2^^ Septembre 1779. Sign^ W [ ?] Gooding, secy.
Enregistre a la requisition du Sieur Charle Gratiot aux Cahos
Les 10°^^ 7bre 1779.
fr. Saucier N^«. P
Moy Le Soussign^ natif de Connatucit dans la nouvelle Engle-
terre Comte de Hartford ayant son nom Et autre pour Lequel Je
suis Commencer et aist Etabli (dans L'annee de notre seigneur mil
Sept Cent soixante et quinze) une Certaine quantite de terrin sur
le Bord du Mississipy a L'este vis a vis le Village de St Louis du
Cote Des Espagnol sur L'oust de la dit rivierre quantite point
Connu tennant du Cote du Sud le long La rivierre de M^ Labb6
Commenceant a une branche entre dans le Mississipi du bord du
quel en allant ouest Jusqu'a lac manissioui Entre Dans Laditte
(Folio 9, Ka6s 1779)
rivierre de mr Lable, Et du Cote du nord Commenant a un Cer-
tain Cautonier vis a vis une Certaine Cote de rocher sur le Bord
despagne du mississipy en allant ouest Jusqu 'au Lac dudit Manis-
siolii, Etant et Joignant du Cote D 'ouest pardevant par le missis-
sipy par le Sud par la rivierre de m^ Lable par L 'est par le lac
manissioui et au nord par de terre non concede Et Come Le Sous-
signe ait fait de Grand depence pour Etablir des Moulin Sur La
dite rivierre de m^ Labbe ou ils sont actuellement il a Fait suivant
La Coutume Du pays prendre Et en a fait Clau et Labourer une
partis D 'un Certain Terrain de La Largeur de dix arpant sur le
Cote du Sud dudit Rivierre allant de ladite rivierre sud au nord du
Grand marrais Joignant du Cote de ouest au terre prise par Les
habitants des Cahos et a 1 'est au terrin non Consede Et Comme
1 The French of this document is impossible, and several passages, of which the opening
one is the worst, are untranslatable. McCarty's French is at best remarkable, but this docu-
ment excels the others in peculiarities. It has seemed impossible to certify the correctness
of each error, so I will give a blanket certificate that the above is a correct transcription. The
CLERK'S RECORD, SEPTEMBER, 1779 465
for their good and just conduct to the civil power as herebefore
and submit themselves to the required law.
Given under my hand and seal at Cahokia, the first day of
September and the fourth year of our Republic Anno Domini
1779. Signed John Todd.
1 certify that the present is a true copy translated from the
English. At Cahokia, September 2, 1779. Signed
W. [?] Goodin, Sec'y
Registered at the requisition of M. Charles Gratiot at Cahokia,
the loth of September, 1779. Fr. Saucier, N. P.
I, the undersigned, native of Connecticut in New England,
county of Hartford, in his name and another's, have begun to
and have laid off (in the year of our Lord, 1775) a certain
strip of land on the east bank of the Mississippi and opposite
the village of St. Louis of the Spanish side on the "west, area
not known. ^ It extends on the southern side along the river of
M. Labbe, commencing at a branch which enters the Mississippi,
from the banks of which it extends west as far as where lake
Manissiouri enters the said river of M. Labbe; and on the north
(Folio 9, Caholsia 1779.)
commencing at a certain roadway [?] opposite a certain rocky
bluff on the Spanish bank of the Mississippi, it extends west to
the said lake Manissiouri, being bordered on the west by the
Mississippi, on the south by the river of M. Labbe, on the east
by the lake Manissiouri and on the north by non-ceded land.
And since the undersigned has been at great expense to establish
mills on the said river of M. Labbe, where they are at present, he
has caused it to be taken up in accordance with the custom of the
country and has made enclosure thereon and put in cultivation
a part of a certain field of ten arpents in extent on the southern
side of the said river, extending from the said river south to the
north of the Grand Marais ^ and adjoining on the western side the
land occupied by the inhabitants of Cahokia and on the east the land
handwriting of the original is very clear, so that the only chance of error is through oversight;
but since every line offered its own peculiarities in grammar and spelling, the document has
been studied more carefully than others.
2 A river in Cahokia district.
466 ILLINOIS HISTORICAL COLLECTIONS
quand Le Soussignd a pris Ces dit terrins il n'etoit point deter-
miner dans quel province EUe Sera Le Soussigne n'avoit point
fait application a aucune pour des titres, Le Commandant pour
Lors Etant dans ce pays (Cap^ Lord) me disoit que mes Etab-
lissement Etoit suffisant pour me procurer icelle quand cella seroit
decidoist a present par La faveur de DIEU nous vivant sur et dans
un etat Libre et independant et nous Jouissons de tous nos Droit
comme peuple Libre Je madresse au Majistrat dud^ District
quil fasse Enregistrer dans leur Gref ce placar que par la Suitte
pfersonne ignore mes pretention en foy de quoy Jay Signe la pre-
sente au Cahos le lo jour de Juin 1779.
(Signe) Richard M. Carty
Enregistre a la requisition de Sieur richard M Carty aux le 11
octobre 1779
fr saucier Nr P.
Extrait Des registres de la Juridiction Des Cahos.
aujourdhuy dixieme Jour du mois de Septembre mil Sept Cent
Soixante Et Dix neuf, Est Comparu au Greffe de Se Siege marie
aubuchon porteuse du testament de deffeunt rene Locat passe
pardevan Le notaire Soussigne Le vingt quatre Juin contenant
Ce qui Suit.
(Folio 10, Kaos 1779.)
Lan mil Sept Cent Soixante Et dix neuf le Vingt quatrieme
Jour du mois de Juin fut present Sieur Rene Locat habitant de-
meurant au Village des Cahos Lequel Etant malade depuis Long-
tems sans neanmoin desprit memoires Et entandement ainsi quil
a paru au notaire soussigne, et des temoins Enfins nomes Conside-
rant quil n 'en rien de plus Certins que La Mort ni de plus incer-
tains que Son heure Crayant D'en Etre prevenu sans avoir dis-
poser du peu de Bien quil a plut a dieu Luy donner a fait dieter
et nome audit Notaire et temoins soussigne Son present testament
et ordonnance de derniere Volonte En La maniere qui Suit PRE-
MIEREMENT Comme Chretien Et Chatholique a reCommande
1 This claim was allowed to McCarty's heirs by the U.S. land commissioners. — Amer.
Stale Pap., Pub. Lands, ii., 160.
CLERK'S RECORD, OCTOBER, 1779 467
not conceded. And since at the time when the undersigned took up
these said lands it was not decided in what province this country
was to be, the undersigned did not make application to any one
for title-deeds, and the commandant at that time in the country,
Captain Lord, told me that my buildings were sufficient to pro-
cure for me the same when it should be decided. Since now by
the favor of God we are living safe and in a free and independent
state and are enjoying all our rights as a free people, I address
myself to the magistrates of the said district that they may cause
to be registered in their office this announcement that in the future
no person be ignorant of my pretentions. In faith of which I
have signed the present at Cahokia the loth day of June, 1779.*
(Signed) Richard McCarty.
Registered at the request of M. Richard McCarty on the nth
of October, 1779.
F. Saucier, N. P.
Extract of the Registers of the Magistracy of Cahokia.
To-day the tenth day of the month of September, 1779, there
appeared at the office of this Court Marie Aubuchon, bearer of
the last will and testament of the deceased Rene Locat, made
before the undersigned notary the 24th of June, which contains
what follows:
(Folio 9 Cahokia 1779.)
The year, 1779, the 24th day of the month of June, there was
present M. Rene Locat, inhabitant domiciled in the village of
Cahokia, who, having been sick for a long time without loss, how-
ever, of intelligence, memory and understanding, as appeared to the
undersigned notary and witnesses named below, and considering
that there is nothing more certain than death and more uncertain
than its hour, and fearing to be overtaken thereby without having
disposed of the little property which it has pleased God to give
him, has dictated to the said notary and undersigned witnesses
his present last will and testament in the manner which follows:
In the first place as Christian and catholic he recommends his
soul to God the Creator, Father, Son and Holy Ghost, supplicat-
ing His divine goodness, by the infinite mercy of our Lord Jesus
468 ILLINOIS HISTORICAL COLLECTIONS
Son ame a dieu Le Createur pere fils Et S* Esprit Supliant Sa di-
vine Bont6 par les merite infinie de notre Seigneur JESUS
CHRIST et par L 'intercession de la Cour Celeste Le placer au
royaume des Cieux au nombre des bienheureux VEUT et entand
Ledit testateur que Ses deptes Soyent paye et tor par Luy fait si
auqu'un Se trouve repards par son heritier Cy apres nommes, il
desire premierement que Son Coprs [sic] soit Ent^r^ dans Le Simitier
de cette paroisse au nombre des fidelle trepass^ Et quil Luy Soit
Cinquante Messe ou Services pour le repos de Son ame pendant le
Cour de I'annee Etquand aux regards de tous Les Biens meubles
immeubles propres acquits et Conquest a Luy appartenant de telle
nature quils puissent Etre Et en quelle Endroits quils Soyent Situ6
Sans auqu'un riserve, il les donne Et abandonne a dame Marie
aubuchon Son epouse pandant Sa vie durante pour en Jouir Sen
Servire et en recevoir Lusufruct et meme Les Vendre ou aliener si
elle Se trouve dans le cas d'en avoir besoin, et en disposer Comme de
Chose a Elle appartenant de plain droits en Cas de necessite pan-
dant son veuvage, Et se pour reConnoitre Les bons services peines
soins et ontentions que lad**^ dame Marie Aubuchon sa femme a
eu pour luy et quil espere quelle aura tant quil plaira a dieu de
Les Lesser ensemble; Et apres La mort de Lad^*^ dame Marie
aubuchon Led^ Testateur Substitue pour Son Heritier univer-
selle Et Legitime La personne de Gabriel Marlot son Beau fils a
qui il donne Et abandonne de tout Et a toujour En plaines pro-
priete tous les biens Meubles Et immeubles propres acquets Et
Conquets qui resteront de lad^^^ succession apres La mort de
ditte dame Marie aubuchons sa mere Et Epouse dud^ testateur,
ce que led^ Gabriel Marlot prendra La ditte Succession En 1 'etat
quelle Se trouvera, apres La mort de Sa ditte Mere, Si mieux toute
fois il n'aime y renoncer.
(Folio II, Ka6s 1779.)
Et pour tous Les autres pretendants a laditte Succession il
leur Donne Et Legue a chaqu 'un La Somme de Sinq Sols une fois
1 The regular words used to describe the manner in which property has been acquired.
The propres are property obtained by direct inheritance or gift from ascendants; the acquets,
that acquired in other ways before marriage; the conquets are same, only acquired after mar-
riage.— VioUet, Hist, du droit civil Fran^ais, 824.
CLERK'S RECORD, SEPTEMBER, 1779 469
Christ and by the intercession of the Celestial Court to receive
him in the Kingdom of Heaven among the number of the blessed.
The said testator wishes and requires that his debts be paid and
that if any wrong is found to have been committed by him that
reparation be made by his heir hereafter named. He desires
first that his body be interred in the cemetery of this parish among
the number of the faithful who have departed this life and that
there be held fifty masses or services for the repose of his soul during
the course of the year. As regards all his real and personal prop-
erty, inherited or acquired before or after marriage,* belonging to
him of whatever nature and in whatever place it may be situated?
without any reserve he gives and devises it to Marie Aubuchon,
his wife, to possess and make use thereof during her natural
life and to receive therefrom the usufruct and even to sell and
alienate it, if she finds there is need thereof, and to dispose
thereof as a thing belonging to her in full right, in case of necessity,
during her widowhood; and this is done to give recognition to
the good services, labor and care which the said Madame Marie
Aubuchon, his wife, has had for him and which he hopes she
will have so long as it shall please God to leave them together; and
after the death of the said Madame Marie Aubuchon, the said
testator substitutes for his sole and legitimate heir the person of
Gabriel Marlot, his stepson, to whom he gives and devises entirely
and forever in full proprietorship all the real and personal property,
inherited or acquired before or after marriage, which shall re-
main of the said estate after the death of the said Madame Marie
Aubuchon, his mother and wife of the testator; that is to say that
the said Gabriel Marlot shall take the said estate in the state that
he shall find it after the death of his said mother, if he does not
prefer to renounce it.
(Folio II, Cahokia, 1779.)
And to each of the other pretendants to the said estate he
gives and bequeaths the sum of five sols in full satisfaction of all
claims; and he revokes and annuls all other testaments which he
may have made herebefore to the prejudice of the present one,
which alone he determines to be his last will and testament and
470 ILLINOIS HISTORICAL COLLECTIONS
pay^ revoquant Et annuUant tous autres testaments quil pourroit
avoir fait ci devant aux prejudice des presentes au'quelles Seul il
Sarette Comme Etant Sa derniere Volonte quil Entant toujour
Etre valable nonobstant Surrannation ou 1 'absence du tems atendu
que Sa Maladie le pouroit encore prolonger Longtems ci dont il
ne peut prevenir La finie. Et pour I'execution des presentes a
nomme pour Son procureur Testamentaire La personne de Mon-
sieur Cerre. Marchand residant aux KasKasKias, pour agir et
faire valoir apres Son decest le present Testament qui nous a et^
ainsi dicte et nomme par led* Sieur Testateur en presence des te-
moins et nous notaire Soussigne et a luy Lue et relu quil a dit En-
tendre et veut quil Soit ainsi Execute selon Sa teneur.
Fait en La Maison dudit rene Locat En presences des Sieurs fran-
cois trotier Equier, p^^ Godin Cap*^ de Milice Michel Beaulieu J"
B*^ Saucier Et Amable Lepage Tous Cinq habitant residens aux
Cahos a ce requis et appelles pour temoins qui ont avec nous
Notaire Signe Le present Testament et led* rene Locat a dit ne le
Savoir de ce interpelle a fait une Croix pour marque apres Lecture
faite aux Cahos Le Vingt quatrieme Jour du mois de Juina sixheure
de releve Mil Sept Cent Soixante Et dix neuf signe a I'original
une -|- pour marque de rene Locat francois trottier p. Godin
B*^ saucier Et amable lepage Et nous notaire soussigne. se reque-
rant Ladt**^ dame marie aubuchon insinuation dud* testament
Lecture faite di celuy En notre greffe nous Lavons insinue Et
enregistre sur les registres des insinuation de ce Siege suivant L'or-
donnance pour servir et valoir Ce que de raison dont acte Le dit
Jour Et an. fr saucier N^^ P.
Extrait des registre de La Juridiction Des CaHos.
aujourdhuy Cinquieme Jour du mois de Juin Mil sept Cent
quatrevint Est Comparu au Greffe de ce Siege Monsieur Richard
McCarty Capitaine au Bataillion des illinois porteur d 'une Com-
mission de Capitaine au Contenant ce qui Suit, the COMMON-
WEALTH of Virginia to Richard McCarthy Esquire. Know
you that from the Special trust and Confidence vi^hich is reposed
in your patriotism, Fidelity, Courage, and Good Conduct, you are,
by these presents, Constituted and appointed Captain of a
CLERK'S RECORD, JUNE, 1780 471
which he requires to be held valid notwithstanding the expiration
or absence of time, because his sickness may still prolong his
stay here, the end of which he can not foresee. And for the exe-
cution of these presents he has named for his testamentary
attorney the person of M. Cerre, trader residing at Kaskaskia,
to act and cause to be maintained after his decease the present
testament, which has been signed in the presence of witnesses
and of us, the undersigned notary, and read and reread to him ;
and he has said he required and wished that it be so put in
execution in accordance to its tenor.
Made in the house of the said Rene Locat in the presence of
MM. Francois Trottier Esquire, Pierre Godin, captain of the mili-
tia, Michel Beaulieu, Jean Bte. Saucier and Amable Lepage, all
five inhabitants domiciled at Cahokia summoned and called as
witnesses, who have with us, the notary, signed the present testa-
ment, and the said Rene Locat has said that he did not know how
to sign and has made a cross for his mark after reading was made.
At Cahokia the 24th day of month of June at six o'clock in the
afternoon, 1779. Signed in the original a -1- for the mark of Ren^
Locat, Francois Trottier, P. Godin, Bte. Saucier and Amable
Lepage and we the undersigned notary. The said Madame Marie
Aubuchon requiring registration of the said will and testament,
after reading was made of it in our office, we have inscribed and
registered it in the record of registrations of this Court in com-
pliance with the ordinance, that it may be used and have its effect,
of which this act will certify, the said day and year.
Fr. Saucier, N. P.
Extracts of the Registers of the Magistracy of Cahokia.
To-day the fifth day of the month of June, 1780, there appeared
at the office of this Court M. Richard McCarty, captain in the
Illinois battallion, bearer of a commission of captain, containing
what follows: The Commonwealth of Virginia to Richard Mc-
Carty, Esquire. Know you that from the special trust and con-
fidence which is reposed in your patriotism, fidelity, courage and
good conduct, you are by these presents constituted and appointed
captain of a company in the battallion of regular forces raised for
472 ILLINOIS HISTORICAL COLLECTIONS
Compagnie in the Battalion of regular forces raised for the defence
and protection of this State Illinois County and for repelling
every hostile invation thereof. You are therefore Carefully and
diligently to discharge the duty of Captain by doing and perform-
ing all Manner of things thereunto belonging; and all ofl&cers
and Soldiers under your Command are hereby Strictly charged
and required to be obedient to your orders as Captain and you
are to observe and follow Such orders and directions, from time
to time, as you shall receive from the executive power of this
(Folio 12, Cahos 1780.)
State, or any your Superior officers, according to the rules and
dicipline of War, in purSuance of the trust reposed in you.
Witnes patrick Henry Esquire Gouvernour or chief Magistrate
of the Commonwealth aforesaid, this first day of March in the
third year of the Commonwealth, annoq dom. 1779.
fr. saucier Gref Sign^) P Henry
Et au dos Est Ecrit
Illinois County wit
Richard McCarty esq. was duly qualified before me to the
within Commission the 13*^ June 1779.
(Signed) Jn Todd J^
Extrait Des registre de la Juridiction Des Cahokias.
aujourdhuy Cinquieme Jour du mois d'octobre Mil Sept Cent
quatrevingt Est Comparu au Greffe de Se Siege Est Comparu
[sic] Le Sieur Yacinte S* Cirre porteur de Son testament de der-
niere Volonte passe pardevant Le notaire soussigne Contenant ce
qui Suit.
Par devant Le notaire publique aux village des Cahokia et des
temoins Soussigne fut present Sieur Yacinte Saint Sire demeurant
a S* Louis, Desirant Sabsenter pour quelque tems de ce pays, Et
Considerant quil ny a rien de plus Certain que La mort ni de plus
incertain que Son heure Crayant d*en etre prevenu Sans avoir dis-
poser du peu de bien quil a plut a dieu Luy donner a fait dieter
aud* notaire Et temoin Soussign^ Son present testament, et ordon-
nance de derniere volonte de La maniere qui Suit Si il plait a dieu
de disposer de Luy. premierement veut et Entand Le dit testateur
CLERK'S RECORD, OCTOBER, 1780 473
the defence and protection of this state, Illinois county, and for
repelling every hostile invasion thereof. You are therefore carefully
and diligently to discharge the duty of captain by doing and per-
forming all manner of things thereunto belonging; and all officers
and soldiers under your command are hereby strictly charged
and required to be obedient to your orders as captain, and you are
to observe and follow such orders and directions, from time to
time, as you shall receive from the executive power of this state or
(Folio 12, Cahokia 1780.)
any of your superior officers, according to the rules and discipline
of war, in pursuance of the trust reposed in you.
Witness, Patrick Henry Esquire, Governor or Chief Magistrate
of the Commonwealth aforesaid, this first day of March in the
third year of the Commonwealth, in the year of the Lord, 1779.
Fr. Saucier, Clerk. (Signed) P. Henry.
And on the back is written Illinois County to wit :
Richard McCarty Esq. was duly qualified before me to the
within commission the 13th of June, 1779.
(Signed) John Todd Jr.
Extract .of the Registers of the Magistracy of Cahokia.
To-day the fifth day of the month of October 1780, there
appeared at the office of this Court M. Yacinte St. Cyr, bearer
of his last will and testament passed before the undersigned
notary, containing what follows:
Before the notary public in the village of Cahokia and under-
signed witnesses, there was present M. Yacinte Sainte Cyr,
dwelling in St. Louis, who desires to absent himself some time
from this country, and considering that there is nothing more
certain than death nor more uncertain than its hour and fearing
to be overtaken without having disposed of the little property
that it has pleased God to give him, he has had dictated to the
said notary and undersigned witnesses his present last will and
testament in the manner which follows, should it please God to
take him away. In the first place the said testator wishes and
474 ILLINOIS HISTORICAL COLLECTIONS
que Ses Deptes Soyent paye et tor par Luy fait Si aucun ce
trouve Et quand au regard de tous Ses biens il donne Et Legue
deux mil Livres en argent a Yacinte S* Cirre fils de pierre S*
Cirre son fiUau. et quand au reste de tout ce qui peut Luy
appartenir dans Le pays des Illinois, Veut et Entand Led* testateur
que La moiti^ Sera delivr^ au pauvre et L 'autre moitie pour f aire
prie Dieu pour Le repos de Son ame Et pour tout autre qui pouroit
pretendre a laditte Sucession Sil Sen trouvoit Led* testateur
Leurs Legue et donne a Chaqu'un Cinq Sols une fois paye, revo-
quant et annuUant par Ces presentes tout autre testament quil
pourroit avoir fait cy devant au prejudice du present auquel Seul
il Sarette Comme Etant sa derniere Volonte quil entend toujour
Etre valable Et Pour Lexecution des presentes Led* testateur a
Choisi Et nomme Pour Son Executeur testamentaire La per-
sonne de Monsieur Gabriel Cerre negociant residant a Saint Louis
d'agir en Consequence du present testament sur tous Les Biens
(Folio 13, Cah6s 1780.)
quil a et peut avoir dans Le pays des Illinois Et veut quil Soit
Executer Selon Sa teneur Fait et passe En Letude Lan Mil Sept
Cent quatrevingt Et Le Cinquieme Jour du mois d'octobre apres
midy En presence des Sieurs francois trotier B*® Dubuc Jn B*^
Lacroix Et charle Lefevre temoins a ce requis qui ont Signe a
Lexception dud* Sieur Yacinte S* Cirre qui a declare ne Le Savoir
Et a fait Sa marque dune Croix apres Lecture faite Suivant L'or-
donnance ainsi Signe a Loriginal une + pour marque de Yacinte
S* Cirre fr trotier Ch^^ Lefevre J. B*« Lacroix et B*^ Dubuc Et
nous notaire soussigne. fr saucier
1 78 1 Extrait des registre de La Juridiction Des Cahos.
aujourd'huy troisieme Jour du mois d'vril [sic] Mil Sept Cent
quatrevingt un Est Comparu au Gref de ce Siege Le Sieur pierre
prevost porteur d'une Lettre a Luy adressd Signe Thomas Bentley
datt^ du quatorze decembre Mil Sept Cent quatrevint Contenant
CLERK'S RECORD, APRIL, 1781 475
requires that his debts be paid and any wrong committed by him,
if any is found, righted, and as regards all his property, he gives
and bequeaths two thousand livres in money to Yacinte St. Cyr,
son of Pierre St. Cyr, his god-son; and as to the balance of all
that which may belong to him in the country of the Illinois, the
said testator wishes and requires that half shall be given to the
poor and the other half to cause prayer to be made to God for the
repose of his soul. And to each of the other pretendants to the
said estate, if any be found, the said testator bequeaths and gives
five sols in full satisfaction of * all claims ; and he revokes and
annuls by these presents all other testaments which he may have
made to the prejudice of the present one, which alone he deter-
mines to be his last wish and which he requires always to be valid ;
and for the execution of the presents the said testator has chosen and
named for his testamentary executor the person of M. Gabriel
Cerr^, merchant residing in St. Louis, who is to take action in
(Folio 13, Cahokia, 1780.)
consequence of the present testament in regard to all the property
which he has and may have in the country of the Illinois and he
wishes that it be put in execution according to its tenor. Made
and passed in the office in the year, 1780, and the fifth day of the
month of October in the afternoon, in the presence of MM.
Francois Trottier, Bte. Dubuque, Jean Bte. LaCroix and Charles
Lefevre, witnesses summoned for this purpose, who have
signed with the exception of the said M. Yacinte St. Cyr who has
declared that he did not know how and has made his mark with a
cross, after the reading was made, in compliance with the ordi-
nance. Thus signed in the original a + for the mark of Yacinte
St. Cyr, Fr. Trottier, Charles Lefevre, J. Bte. LaCroix and Bte.
Dubuque and we the undersigned notary.
Fr. Saucier.
Extract of the Registers of the Magistracy of Cahokia.
To-day the third day of the month of April, 1781, there ap-
peared at the office of this Court M. Pierre Prevost, bearer of a
letter addressed to him and signed Thomas Bentley, dated the
14th of December, 1780, containing what follows: Sir: M.
476 ILLINOIS HISTORICAL COLLECTIONS
Ce Quil Suit. Monsieur-Le Sieur Dejean propose de vous envoyer
au detroit porter des Lettres, Comme il vous Connoit et que Je Lui
ait dit que vous Eti^ for [sic] Capable de faire ce voyage, il vous
donnera douze cent frans, cest un Bon prix je vous Conseille de Le
faire. vous me rendre Service aussi, attendu que Je veux Ecrire
pour des marchandises; vous ne risque rien, nous vous conceillerons
de fafon quil ne vous arivera rien; Si vous vous Decide a y aller
venes ici tout de Suitte; vous pourres engager un Sauvage aux
Cahos pour vour guider attendu quil faut que vous passie par Le
meme Chemin que vous ave pris avec Le Colonel Labalme; M^
Dejean ne veut pas que vous passid par Le poste, attendu que Ce
Chemin n 'est pas pratiquable a causes des Eaux, D 'ailleur il est
trop Long: Si vous Croye ne pas pouvoir avoir un Sauvage, tache
d'avoir un Blanc pour vous guider. Si vous ne voules pas y aller
faitte nous reponce tous de Suitte Je Suis votre Serviteur.
Signe) T Bentley.
Ce requerant Led* Sieur pierre prevost insinuation de Laditte
Lettre Lecture faitte D'icelle en notre Greffe nous L'avons insinue
Sur Les registre des insinuations de Se siege Suivant L'ordon-
nance pour Servir et valoir ce que de raison dont acte Le dit
Jour et an. fr saucier N P.
Folio 14, Cahos 1781.
Extrait des registre de La Juridiction Des Cahos.
aujourd 'huy troisieme Jour du moi d 'avril Mil sept Cent qua-
trevingt un est Comparu au Greffe de se Siege Le Sieur pierre
Prevost porteur D'une Lettre adresse a M""^ Les habitant Des
Illinois En General et particulierement a Ceux Des Caskaskia
Contenant Se qui Suite.
du fort Jefferson le ii Jan 1781
Mes chers amis et Compatriotes.
Cest avec Le plus profond regret que Jay appris que vous
Estes vole et pillie, par ceux que vous appelles nos Gens, soyes '
bien assures que Jen ressens Beaucoup de peine, et que Jem-
1 The letter is another proof that Bentley maintained his connections with Canada while
asserting his fidelity to the States. See Introduction, p. xcvi.
2 This is a reference to the exactions of Bentley, Dodge, and Rogers. See Introduction^
p. xcv.
CLERK'S RECORD, APRIL, 1781 477
Dejean proposes to send you to Detroit to carry some letters,
since he knows you and I have said to him that you are com-
petent to make this journey. He will give you twelve hundred
francs; it is a good price and I advise you to do it. You will
render me a service also seeing that I wish to write for some
merchandise. You risk nothing. We. will advise you so that
nothing will happen to you. If you decide to go there, come here
at once. You can engage a savage at Cahokia to guide you seeing
that it is necessary for you to travel by the same road which you
took with Colonel Labalme. M. Dejean does not wish you to
pass by the Post, since that road is not practicable on account of
water; besides it is too long. If you think you cannot get a
savage, try to get a white man to guide you. If you do not wish
to go there, send us an answer at once. I am your servant.
(Signed) T. Bentley^
The said M. Pierre Prevost requiring the registration of the said
letter, after reading was made thereof in our office, we have in-
scribed it in the record of registrations of this Court in compliance
with the ordinance, that it may be used and have its effect of
which this act will testify, the said day and year.
Fr. Saucier, N. P.
(Folio 14, Cahokia 178 1.)
Extract of the Registers of the Magistracy of Cahokia.
To-day the third day of the month of April, 1781, there ap-
peared at the office of this Court M. Pierre Prevost, bearer of a
letter addressed to MM. the inhabitants of the Illinois in general
and particularly to those of Kaskaskia, containing what follows :
Fort Jefferson, Jan. 11, 1781.
My dear friends and compatriots:
It is with the most profound regret that I have learned that you
are robbed and pillaged by those whom you call our people.^ Be
well assured that I feel great grief about it and that I shall employ
my efforts to remedy the causes of all your complaints and grie-
vances. M. Kennedy has always been duly authorized to conduct
all our public business in your country. He has at present my
instructions to make the purchase of supplies for our garrison.
478 ILLINOIS HiSTORICAL COLLECTIONS
ploiray tous mes Efforts pour remedier a touttes Vos plaintes et
tous vos Griefs; Monsieur Kenedy a tourjour 6te duement autorise
pour gerer touttes nos affaires publique dans votre pays, il a actuel-
lement mes instruction pour faire L'achapt des vivres pour notre
Garnison, Je vous prie de le Crediter, Car Jay toutte ma Con-
fiance en Sa Bonne Conduitte, et Ses abilites, particulierement
parcequ'il a ete Longtems un de vos Concitoyens; J'auray tou-
jours Egard a vos plaintes, et tant quil Sera a mon pouvoir Jy met-
teray ordre, mais Comme Le Colonel dark Sera avec nous de bon
printems, Je Suis persuade quil vous donnera une ample Satisfac-
tion de touttes Les injures que vous a reellement faites. fies vous
d 'un antiers et generaux payement pour toutes Les provisions que
M^ Kenedy aura achettes ches vous et Soyes assures de La bien-
viellance du Gouvernment Envers vous. Permette moy L'hon-
neur de me souscrire mes Chers amis et Compatriotes Votre tres
humble et tres obeissant Serviteur Et Sincere amy.
Signe Robert George Cap"^ Commandant
Vray Copie traduitte de Langlais par, signe J Gerault.
aux Kas Le 24 Janvier 1781
Ce requerant Led* Sieur pierre Prevost insinuation de la Ditte
Lettre, Lecture faitte d'icelle En notre Greffe nous L'avons in-
sinue et enregistre sur Les registre, des insinuation de Se Siege Sui-
vant L'ordonnance pour Servir et valoir ce que de raison Dont
acte, Ledit Jour et an. fr. saucier N P.
Extrait des registre de La Juridiction des Cahos.
aujourd 'buy quatrieme Jour du mois d 'avril est Comparu au
Greffe de Se Siege Le Sieur pierre prevost porteur D 'un pouvoir
a Luy Donne par Les habitant des Cahos pour representer Leurs
(Folio 15, Cahos 1781.)
Griefs au Gouvernement de Virginie Contenant Se qui Suit. Je
moy francois trottier Commandant du district des Cahos a la
requisition du public, ayant assemble Les Citoyens dud* district
pour nomer une personne pour representer nos Griefs au Gouverne-
ment de Virginie Et Congres des Etats unis de L'amerique si
1 Robert George was a native of Virginia and a kinsman of George Rogers Clark. He
was a skilled gunner and enlisted in the regular army. He was sent with James Willing to
CLERK'S RECORD, APRIL, 1781 479
I pray you to trust him, for I have all confidence in his good con-
duct and his ability, particularly because he has been for a long
time one of your fellow citizens. I shall always give attention to
your complaints and so far as it will be in my power I will see
thereto; but since Colonel Clark will be with you in the spring,
I am persuaded that he will give you full satisfaction for all in-
juries which have been really made you. Count on entire and
generous payment for all the provisions which M. Kennedy shall
have bought from you and be assured of the good-will of the
government toward you. Allow me the honor, my dear friends
and compatriots, of signing myself your very humble and very
obedient servant and sincere friend. Signed Robert George.^
Captain Commandant.
True copy translated from the English by (Signed) J. Gerault.
At Kaskaskia January 24, 1781.
The said M. Pierre Prevost requiring the registration of the said
letter, after reading was made of it in our office, we have inscribed
and registered it in the record of registrations of this Court in
compliance with the ordinance, that it may be used and have its
effect, of which this act will testify, the said day and year.
Fr. Saucier, N. P.
Extract of the Register of the Magistracy of Cahokia.
To-day the fourth day of the month of April there appeared
at the office of this Court M. Pierre Prevost, bearer of a warrant
given to him by the inhabitants of Cahokia to represent their
(Folio 15 Cahokia, 1781.)
grievances to the government of Virginia containing what follows :
I, Francois Trottier, Commandant of the district of Cahokia, at
the requistition of the public, have assembled the citizens of the
said district in order to name a person to represent our grievances
to the government of Virginia, and to the Congress of the United
States of America if need be. Consequently we have named and
do name M. Pierre Prevost to whom we give power to make for
attack the British posts on the Mississippi in 1778. On his return he joined Clark in Illinois
and served through the war. This letter won him the good will of the French, and it is men-
tioned particularly in the memorial sent by the people of Kaskaskia to the governor of Vir-
ginia.— Menard Col. Tard. Papers. George died in Utica, Ind. — English, Conquest of the
Northwest, i, 366.
48o ILLINOIS HISTORICAL COLLECTIONS
Besoin Est; En Consequence nous avons unanimement nommdes
et nommons Le Sieur pierre prevost auquel nous donnons pouvoir
de pour nous Et en notre nom, Lieu et place, faire nos representa-
tion audit Gouvernement de Virginie ou autres endroits quil Sera
necessaire Suivant nos Droits Conformement au Loix naturel et
Coutumes de ce pays; nous Luy recommendon Exprecement de
Sinterresser pour nous, pour tout Ce qui regarde nos interest
premierement, de La fa^on que nous avons ref ue, noury, et Log^
Les troupes de L'etat de Virginie Et Comme nous avons Et6
paye avec de Largent qui ne nous a ete d'aucune Valeur, Ce qui
nous a ruine Totallement et nous mis presentement hors d'Etat
de faire Subsister nos femmes et nos families, nous ayant ete promis
par Les personnes en place que Ses fournitures nous Seroient paye
En marchandise a Bonne Composition, au Contraire Ces memes
Marchandises, disoit on destine pour nous nont Servie qu'a re-
tirer La plus grande partie a Ces papiers a vil prix ce qui ne Sera
pas difl&cile a Luy de prouver; Ce que nous Consentons quil face
avec toute verite et equitte possible, Luy Donnant tout pouvoir a
cette Effest, promettant avoir tout ce qui Sira fait par Ledit Sieur
prevost pour agreable EtLe ratifier Si Besoin Est; Et pourLe recon-
noitre des Service quil Veut Bien nous rendre, nous Luy allouons
une piastre Gourde pour Chaqu'ne de Ses journees a Compter
(Folio i6, Cahos 1781.)
du Jour de Son depart de ce poste, Jusqu 'a son arrive, Et Ce pay-
able a Son retour Ce dont nous Sommes Convenue, et avons Signe
aux Cahos Le 3. D'avril 1781. signe fr trottier, p B^^ Lacroix,
armant, beaulieu, j b mercie, Langlois, Jervais, dubuc, Jn. Lepage
L. trogue, B Saucier, Isaac Levy, P. martin, George Blin, une +
pour Marque de francois Courie une idem pour S^ Lapence, une
idem pour ant Boyee une autre idem pour J^ poirie, une idem
pour Loui gau, une autre idem pour Clem* Alary, une idem pour
Louis pillet, une autre idem pour piere Dorion, une idem pour
pierre roy, une idem pour jean Dehay, une idem pour S^ Cecire,
une idem pour Ch^^ Butau une autre idem pour Louis Lebrun.
1 This petition was carried by Pierre Prevost and Richard McCarty. McCarty was
attacked by the Indians and killed, and his papers were captured. I do not know whether
the petition was sent later to the governor or not. See Introduction, p. ciii.
CLERK'S RECORD, APRIL, 1781 481
us and in our name and stead our representation to the said
government of Virginia or other places that it shall be necessary
according to our rights conformably to the natural law and cus-
toms of this country. We recommend him expressly to interest
himself for us and for all that which concerns our interests: firstly
by telling how we have received, nourished and lodged the
troops of the State of Virginia and how we have been paid with
money which has been of no value to us, which has ruined us
totally and put us out of condition now to support our wives and
families; and that we were promised by persons in position that
these supplies would be paid for in merchandise at a fair settle-
ment, but that this same merchandise, which they said was destin-
ed for us, was used only for retiring the greatest part of this paper
at a low price, a proceeding which it will not be difficult for him to
prove and which we consent that he do with all truth and equity
possible, giving him all power to this effect. And we promise to
sanction all that shall be done by the said M. Prevost and to ratify
it, if need be. And to recompense him for the services which he
agrees to render us, we allow him a piastre gourde for each
(Folio 16, Cahokia, 1781.)
day counting from the day of his departure from this post
until his arrival, and this payable on his return. This we have
agreed and have signed at Cahokia the 3d of April, 1781. Signed,
Fr. Trottier, Jean Bte. LaCroix, Harmand, Beaulieu, J. B. Mercier,
Langlois, Gervais, Dubuque, Jean Lepage, L. Troge, B. Saucier,
Isaac Levy, P. Martin, George Blin, a 4- for mark of Francois
Courier, the same for M. Lapance, the same for Ant. Boyer,
another for Jean Poirier, the same for Louis Gaud, another for
Clem. Alarie, the same for Louis Pillet, another for Pierre Dorion,
the same for Pierre Roy, the same for Jean Deshayes, the same
for M, Cesirre, the same for Ch. Buteau, another for Louis
Lebrun.^
The said M. Pierre Prevost requiring the registration of the
said commission, after reading was made of it in our office we
have inscribed and registered it in the record of registrations of
this Court in compliance with the ordinance, that it may be used
482 ILLINOIS HISTORICAL COLLECTIONS
Ce requerant Led* Sieur pierre Prevost insinuation du dit pou-
voir, Lecture faitte de celuy en notre Greffe nous L'avons
insinue et enregistr^ Sur Les registre des insinuations de Se Siege
Suivant L 'ordonnance pour servir et valoir ce que de raison- dont
acte, Le dit Jour Et ans. fr. saucier
Extrait des registres de la Juridiction des Cahos.
aujourd'huy vingt Cinq du mois de mars mil Sept Cent quatre-
vingt deux Est Comparu au Gref de ce Siege Sieur Joseph motard
porteur dune procuration passe par devant le notaire Soussign^
Le vingt trois du present Contenant Ce qui Suit, pardevant Le
notaire Soussigne aux village des Cahokia et En presence des
temoins soussigne nome, fut present en Sa personne Sieur Joseph
motard negocient cy devant resident a S* Louis, Lequel a par ces
presentes fait et Constituer son procureur General Et Spatial La
personne de Mons^ michel Beaullieu habitant Demeurant au
Susdit Lieu des Cahokia, auquel il donne pouvoir de pour Luy
et En son nom demender Et recevoir, et Se faire rendre Compte
par Monsieur DuBreiiil S* Cyr des Sommes dont il aura Ete paye
(Folio 17, Cah63 1782.)
suivant Letat qui Luy a Ete remis par mondit Sieur motard Et
Son refeu au Bas toutte fois que ce ne Sera que Lorsque Mondit
Sieur DuBreiiil S* Cyr partira du pays a moin que La
paix ne Ce fasse avant Et que Ledit Sieur procureur Constituer
trouve occasion de faire parvenir a mondit Sieur motard en europe
Les Sommes que mondit Sieur DuBreiiil S* Cyr aura Entre Les
main suivant Led* Etat quil En a regeu, Et au Cas de depart dudit
Sieur avant La paix, sera Loisible aud* procureur Constituer de
remetre a tel personne quil Jugera a propos La ditte Somme moye-
nant assurance ou de la Garder Luy meme Jusqu'a ce quil a
puisse faire tenir aud* Sieur motard promettant aprouver et rati-
fier Comme il aprouve Et ratifie tout Ce qui Sera fait au moyens
Des presentes Sans quil Soit Besoin d'un pouvoir plus Special fait
et passe En etude aux Cahos L 'an mil Sept Cent quatrevingt deux
Le vingt trois du mois de mars apres midy en presence de M""^
^ The passage is very obscure and the translation has therefore been made as literal as
possible.
CLERK'S RECORD, MARCH, 1782 483
and have its effect, of which this act will testify, the said day
and year.
Fr. Saucier.
Extract of the Registers of the Magistracy of Cahokia.
To-day the twenty-fifth of the month of March, 1782, there
appeared at the office of this Court M. Joseph Motard, bearer
of a power of attorney passed before the undersigned notary, the
twenty-third of the present month, containing what follows:
Before the undersigned notary at the village of Cahokia and
in the presence of the undersigned and named witnesses, there
was present in his person M. Joseph Motard, merchant hitherto
residing in St. Louis, who has by these presents made and consti-
tuted his attorney, general and special, the person of M. Michel
Beaulieu, inhabitant domiciled in the aforesaid place of Cahokia,
to whom he gives power for him and in his name to demand and
receive and to cause to be rendered to him an account by M.
(Folio 17, Cahokia, 1782.)
Dubreuil St. Cyr of the sums which he shall have been paid accor-
ding to the statement, which has been delivered to him (Beaulieu)
by the said M. Motard, with his receipt below ; provided this shall
only be valid when the said M. Dubreuil St. Cyr shall set out from
the country, unless the peace is made before, and provided the
said constituted attorney find occasion to send to the saidM. Motard
in Europe the sums which M. Dubreuil St. Cyr shall have in his
hands according to the said statement which he has received ; ^
and in case of the departure of the said gentlemen before
the peace, it will be permissible to the said constituted attorney to
confide to such person whom he judges fitting the said sum, pro-
vided he receives security, or to keep it himself until he can put
it in the possession of M. Motard, who promises to approve and
ratify, as he approves and ratifies, that which shall be done
by means of this present without there being need of a more spe-
cial power. Made and passed in the ofl&ce at Cahokia in the year,
1782, on the twenty-third of the month of March in the afternoon,
in the presence of MM. Matthieu Saucier and Francois Lapance,
witnesses summoned for this, who have signed with us, notary, after
484 ILLINOIS lilSTORICAL COLLECTIONS
math. Saucier et francois Lapanc^ temoins a Ce requis qui ont Sign^
Et nous notaire Lecture faitte Sign^ a Loriginal J motard mth.
Saucier francois Lapanc^ Et fr saucier notaire. Et plus Bas Est
ecrit en outre led* Sieur motard a declare devoir audit Sieur Beaul-
lieu La Somme de Cinq Cent Livres par Son Billet Laquelle ditte
Somme il prendra Sur celle quil recevra de m^ DuBreuil S* Cyr
Et a signe Le Jour et an Et Laditte Somme de Cinq Cent Livres
demender quand il Le voudra Ce requerant Ledit Sieur J. motard
insinuation de laditte procuration Lecture faitte di celuy en notre
Gref nous I'avons insinue Et enregistre Sur Les registres Des
insinuation de Ce Siege Suivant L'ordonnance pour Servir Et
valoir ce que de raison dont acte ledit Jour et ans.
fr saucier
Extrait des registre de la Juridiction des Cahos.
au Jourd'huy Cinq du mois de Septembre mil Sept Cent quartre
vingt deux Est Comparu au Gref de ce Siege sieur Gabriel Cerre
porteur d'une obligation de Sieur ant. armant, a la Suitte de
laquelle il Contient Ce qui suit, ayant Ete Condanne par la
Cour de payer la ditte obligation, Je moblige Sous I'hipoteque
de tous mes Biens Generallement payer au Sieur Gabriel Cerre
La Somme de mil Six Cent quarente Six livres En argent Et
(Folio 18, Cahos 1782.)
I'interest de laditte Somme dans un an de Cette datte Sans que
Tune obligation Deroge a I'autre Et pour plus Grande Surete,
Jay par ces presentes hypoteque plus Spetialement ma maison
Sise et Situe au village de Caho tenant d 'un cotte a Jean Lapence
Et de L'autre Separe par une rue aux Caho le 5 7^^^ 1782 Ahar-
mand. Et plus Bas Est ecrit, Je Soussigne que la rente de la
Somme Si dessu ma ete paye Jusqua ce Jour au Caho le 5 7^^^
1782. Cerre. ce requerant Led* Sieur Cerre insinuation dud*
obligation. Lecture faite diceluy En notre Gref, nous L'avons
insinue, et enregistre Sur Les registres des insinuations de ce
Siege Suivant l'ordonnance pour Servir et valoir ce que de raison
dont acte Le dit Jour Et ans. fr saucier N P
1 See pp. 13s, 137.
CLERK'S RECORD, SEPTEMBER, 1782 485
reading was made. Signed on the original, J. Motard, Mth. Sau-
cier, Francois Lapanc^ and Fr. Saucier, notary. And below is
written: Furthermore the said M. Motard declared that he owed
the said M. Beaulieu the sum of five hundred livres by his note,
which said sum he shall take from that which he shall receive
from M. Dubreuil St. Cyr, and he has signed the day and year,
and the said sum of five hundred livres he may demand, when he
shall wish. The said M. J. Motard requiring the registration of
the said power of attorney, after reading thereof was made in our
office, we have inscribed and registered it in the record of regis-
trations of this Court in compliance with the ordinance, that it
may be used and have its effect , of which this act will testify,
the said day and year. Fr. Saucier.
Extract of the Registers of the Magistracy of Cahokia.
To-day the fifth of the month of September, 1782, there
appeared at the office of this Court M. Gabriel Cerre, bearer of
an obligation of M. Ant. Harmand, at the end of which is contained
what follows: Having been condemned by the Court to pay the
said obligation,^ I bind myself by the mortgage of all my goods
generally to pay to M. Gabriel Cerrd the sum of one thousand
(Folio 18, Cahokia, 1782.)
six hundred and forty-six livres in money and the inter tst of the said
sum in a year from this date, without one obligation being deroga-
tory to the other; and for greater surety I have, by these presents,
mortgaged more specially my house situated in the village of
Cahokia, on the one side adjoining Jean Lapance's and on the other
separated by a street. At Cahokia, the 5th of September, 1782.
A. Harmand. And below is written: I, the undersigned,
[acknowledge] that the interest of the above sum has been paid
me up to this day. At Cahokia, September 5, 1782. Cerre.
The said M. Cerre requiring the registration of this obligation,
after reading was made thereof in our office, we have inscribed and
registered it in the record of registrations of this Court in com-
pliance with the ordinance, that it may be used and have its
effect, of which this act will testify, the said day and year.
Fr. Saucier, N. P.
486 ILLINOIS HISTORICAL COLLECTIONS
Extrait des Registres de la Juridiction des cahos.
Aujourd'huy huitiesme jour de Novembre mil sept cent quatre
vingt deux est comparu au greffe de ce siege le Sr Joseph Labuxiere
procureur des Etats des virginie porteur de Sa commission Lequel
En vertu de la Sentence de Messieurs les Magistrats de cette
Cour En datte du jour de hier Nous a requis Lenregistrement de
Sa dite Commission portant ce qui suit.
Je Soussign^ jean Girault procureur pour LEtat de virginie
En la comtd des ilinois.
Lemploy dofficier militaire auquel il a pl^ a LEtat de me
Nommer ne me permetant pas de pouvoir plus longtems Remplir
la place de procureur pour ledit Etat En la Comt^ des ilinois a
laquelle charge jay Ete Nomme par commission en datte du
Cinq juin 1779. Etant d'une necessity indispensable de Nom-
mer une personne capable de me remplacer dans ladite charge
Connoisant la sage conduite Capacite et experiance du Sr Joseph
Labuxiere Son Zele Et affection pour le service delEtat etle Bien
(Folio 19, Cah6s 1782.)
du public, je luy Nomme Et Nomme par ces presentes procureur
dud^ Etat de la virginie pour me remplacer En ladite charge dans
tout letandue de la comte des ilinois En consequance requerir
pour led* Etat de virginie tout ce qui est de la competance de cette
charge tant en matieres Civiles que Crimineles Et a cet Effet
jouir de tons les honneurs, droits, privileges, Emolumens et prd-
eminances y ataches, prendre connoissance de toutes succesions
vacante, ou autres qui tomberon a lintestat, En faire les recherches,
poursuites et diligences et recouvrement pour En rendre compte
a qui de droit il apartiendra Et pour le tout Se Conformer aux
loix Et Statuts Etablis par letat de virginie En la susdite comt^
des ilinois, prions M^ Richart Winston gouverneur Civil En la
dite Comte de prouver notre Nomination En la personne dud*
S^ Joseph Labuxiere et de le faire reconoitore En ladite qualite
de procureur par tous les colons Et Sujets de ladite comte des
ilinois Et tous autres quil apartiendra En foy de quoy avons signe
la presente Commission et a icelle apose notre Cachet ord^®
donn^ En la ville des Caskakias aux ilinois le vingt neuf juin mil
sept cent quatre vingt un. sign6 Girault.
CLERK'S RECORD, NOVEMBER, 1782 487
Extract of the Registers of the Magistracy of Cahokia.
To-day the 8th day of November, 1782, there appeared at
the office of this Court M. Joseph Labuxiere,- state's attorney of
Virginia, bearer of his commission, and in virtue of the decree of
the magistrates of this Court, yesterday, he has required of us the
registration of his said commission, which contains what follows:
I, the undersigned Jean Girault, attorney for the State of
Virginia in the county of the Illinois.
Since the employment of military officer, to which it has pleased
the State to appoint me, makes it impossible for me to fill any
longer the place of attorney for the said State in the county of
the Illinois, to which office I was appointed by a commission
dated the fifth of June, 1779; and since it is indispensably neces-
sary to appoint a person capable of replacing me in the said
office and I know the wise conduct, capacity and experience of M.
Joseph Labuxiere and his zele and affection for the service of
the State and the public welfare, I have appointed and do appoint
him by these presents state's attorney of Virginia to replace me
in the said office throughout the whole extent of the county of Illi-
nois; and consequently to demand for the said State of Virginia all
that which belongs to the competence of this office both in matters
civil and criminal; and for this purpose to enjoy all the honors
rights, privileges, emoluments and dignities attached thereto;
to take cognizance of all estates in abeyance or others which
shall be intestate, to make inquiries, suits, proceedings and recov-
eries therefor, in order to render account thereof to whom by right
it shall belong; and in all things to conform himself to the laws
and statutes established by the State of Virginia in the county of
Illinois aforesaid. We pray M. Richard Winston, civil gover-
nor in the said county, to approve our appointment in the person
of the said M. Joseph Labuxiere and to cause him to be recog-
nized in the said capacity of attorney by all the colonists and
subjects of the said county of Illinois and by all others whom
it shall concern. In faith of which we have signed the present
commission and placed our seal thereon. Given in the village
of Kaskaskia in the Illinois, the twenty-ninth of June 1781,
Signed Girault.
488 ILLINOIS HISTORICAL COLLECTIONS
Nous Richart Winston Gouverneur Civil En la Comt^ des
ilinois.
Veu la presente commission que nous avons homologu^ Et
homologuons. En consequance avons receti Et recevons led* S'^
Joseph Labuxiere procureur pour lEtat de virginie En la comt^
des ilinois Et Ses dependances Sous le Sermant quil a presente-
ment prete de Se conformer aux statuts Et reglements dud* Etat
pour ladite comte des ilinois, laquelle reception nous avons
faite du Consentement unanime des magistracts Soussign^z tenant
la cour de justice En cette ville des caskakias En foy de quoy
avons signe la presente que nous avons scelle de Notre Cachet
ord^^ Et delivre au s^ Labuxiere pour lui servir ce que de raison,
En la ville des caskakias aux ilinois le 29 juin 1781. Signe Richard
Winston, Jacques lasource magistrat presid*, Godin, janis, Barbeau,
Louviere tous magistrat Et loriginal de present Enregistrement
delivre aud* S'' Laubuxiere Et avons sign6 led* jour et an.
Labuxiere fr. saucier N. P.
(Folio 20, Cahos 1783.)
Extrait des registres de Lajuridiction des Caho.
Aujourd'huy huitieme jour de novembre mil sept Cent quatre
vingt trois, Est Comparu aux Greffe de Siege le Sieur Charle Charle-
ville demeurant aux caskaskia porteur d'une reconnoissance du
Sieur [blank] pouree, nous a requis Lenregistrement de laditte
Reconnoissance portant Ce qui suit.
Jay re^eu de Monsieur Charle Chauvin Charleville un refeu
de Monsieur fagot de lagarsseniere, Consenti a mondit Sieur
Charle Chauvin Charleville de la Somme de Vingt Et un Mille
neuf Cent Soixante Et dix Livres Et aux Environs de quatre Cent
Livres de paux de chevreuil Et un petit paquet de Castor, La
reconnoissance de Monsieur fagot Lagarceniere En datte du
huit aoust mil Sept Cent soixante Et dix huit. En outre une pro-
curation que ledit Charleville ma donne pour pouvoir poursuivre
Le Sieur fagot En Son nom, Et faire mon possible pour retirer
La ditte somme suivant le receu de monsieur fagot La Guarsinaire,
Si Je ne puis rien retirer de M^ fagot Je remettre Les pieces refeu
de mons^ Charleville a luy meme Et il me remettra le present
CLERK'S RECORD, NOVEMBER, 1783 489
We Richard Winston, Civil Governor in the County of Illinois.
Having seen the present cbmmission, we have confirmed and
do confirm it and in consequence we have received and
do receive the said M. Joseph Labuxiere as attorney for the
State of Virginia in the county of the Illinois and its dependencies
under the oath which he has now made to conform to the statutes
and regulations of the said State for the county of Illinois,
which reception we have made with the unanimous consent of
the undersigned magistrates holding the Court of justice in this
village of Kaskaskia. In faith of which we have signed the
present which we have sealed with our seal and delivered to M.
Labuxiere for his use, of which this act will testify. In the village
of Kaskaskia in the Illinois, June 29, 1781. Signed, Richard Wins-
ton, Jacques Lasource, presiding magistrate, Godin, Janis, Barbau,
Louviere, all magistrates, and the original of the present registry
was delivered to the said M. Labuxiere; and we have signed the
said day and year.
Labuxiere Fr. Saucier, N. P.
(FoUo 20, Cahokia, 1783.)
Extract of the Registers of the Magistracy of Cahokia.
To-day, the eighth of November, 1783, there appeared at the
office pf [this] Court M. Charles Charleville, residing in Kaskaskia,
bearer of a receipt from M. [blank] Pouree, and he has required of
us the registration of the said, receipt which contains what follows :
I have received from M. Charles Chauvin Charleville a receipt
of M. Fagot de Lagarceniere given to the said M. Charles Chauvin
Charleville for the sum of twenty-one thousand nine hundred and
seventy livres and about four hundred pounds of deer-skins and a
small package of beaver. The receipt of M. Fagot de Lagarcen-
iere bears date of the eighth of August, 1778; furthermore a power
of attorney which the said Charleville gave me to empower me to
sue M. Fagot in his name and to do my best to obtain the said
sum according to the receipt of M. Fagot de Lagarceniere. If I
can do nothing about obtaining the sum from M. Fagot, I shall
return the papers received from M. Charleville to him and he will
return the present. Made at St. Genevieve January i, 1782.
490 ILLINOIS HISTORICAL COLLECTIONS
fait a S**^ Genevieve le i Janvier 1782. sign^ lugirre pouree, Ce
requerant Ledit Sieur Charleville insinuation de Laditte recon-
noissance Lecture faitte diceluy En notre Greffe nous Lavons
insinue Et Enregistrd sur les registre des insinuation, De ce Siege
suivant L'ordonnance pour servir Et valoir ce que de raison dont
acte Led* jour Et ans.
fr. saucier N. p.
Extrait des registres de la jurisdiction des Cahos.
aujourdhuy dixieme jour de Novembre mil sept cent quartre
vingt trois est comparu le s^ Joseph Labuxiere N^^ Lequel Nous
a Requis lenregistrement de la commission qui suit.
Veu la requete a nous presentee par le s^ Joseph Labuxiere
en datte du 10 x^^^ 1782. sachant que le gouvernement n'a Rien
de plus a coeur que de donner aisance a tous Ses Sujets de gag-
ner leur vie honestement, de chercher, obtenir et posseder. le
Bonheur partout ou ils pouront L'avoir, et les assister de Son
authorite et puissance pour que chacun puisse exercer Ses talans
et etre util a la societe.
En vertu du pouvoir a Nous donne par M^ jean Tood Ecuyer
(Folio 21, Cah6s 1784.)
gouverneur Civil En la comte des ilinois et Ses dependances
Nous avons permis et permetons a M^ Joseph Labuxiere pere
dEtablir un Notaria en cette dite comte a lendroit ou il fera Sa
residance et a cette fin de passer et recevoir en qualite de Notaire
public dans toute Lentendue de ladite comte et district tous actes
contracts Et invantaires partages, Encan, Et generalement tout
ce qui est de la competance dun Notaire sans que personne puisse
sy oposer, Letat voulant que chaque individu jouisse dune plaine
liberty de metre Sa confience en tel Notaire quil jugera a propos
en concequance avons ce jourdhuy recu le sermant d'office dud*
S'^ Labuxiere qui a promis et jure de Se conformer aux Statuts du
gouvernement Et usages acoutumes, et Sera libre en Cas din-
compatibilite de Substituer une personne pour faire les fonctions
de procureur'de I'Etat dans les affaires qui le requereront et ou il
ne pouroit exercer les deux charges dans une meme affaire en foy
de quoy Nous luy avons delivre la presente Commission ainsy que
CLERK'S RECORD, NOVEMBER, 1783 491
Signed Leger [? ] Pour^e. The said M. Charleville requiring the
registration of the said receipt, after reading was made thereof in
our office, we have inscribed and registered it in the record of regis-
trations of this Court in compUance with the ordinance, that it
may be used and have its effect, of which this act will testify, the
said day and year.
Fr. Saucier, N. P.
Extract of the Registers of the Magistracy of Cahokia.
To-day, the tenth of November, 1783, there appeared M.
Joseph Labuxiere, who has required of us the registration of the
commission which follows :
Having seen the petition presented to us by M. Joseph Labux-
iere under date of December 10, 1782, and knowing that the
government has desired nothing more than to give facility to all
its subjects to gain their livelihood honestly and to seek, obtain
and possess happiness wherever they can obtain it, and to assist
them with its authority and power in order that each may exercise
his talents and be useful to society :
In virtue of the power given to us by M. John To^d Esquire,
(Folio 21, Cahokia, 1784.)
civil governor in the county of Illinois and its dependencies,
we have permitted and do permit M. Joseph Labuxiere Senior,
to establish a notariat in this said county at the place where he
shall have his residence and to this end to draw up and receive in
his capacity of notary public, throughout the extent of the said
county and district, all instruments, contracts and inventories,
settlements, auctions and in general to do all that which belongs
to the competence of a notary, without any person being per-
mitted to make opposition thereto; for the State wishes that each
person enjoy full liberty to place his confidence in such notary as
he shall judge fitting. In consequence we have this day received
the oath of office from the said M. Labuxiere, who has promised
and sworn to conform himself to the statutes of government and
customary usages ; and he shall be free, in case of incompatibility,
to substitute some one to perform the functions of state's attorney
in the affairs which require one, and where he cannot exercise
492 ILLINOIS HISTORICAL COLLECTIONS
de Raison que nous avons sign^ et Scelld de Notre Cachet ordinaire
aux Caskakia le douze decembre mil sept cent Cent [sic] quatre
vingt deux, signe sur la commission Richard Winston Lieutenant
de Compte. Laquelle Commission nous avons Enregistree Et remis
loriginal aud* s^ Labuxiere pour luy servir ce que de raison Et
avoir recour a lenregistrement cy dessus En cas de Besoin dont
acte lesd* jour et an.
fr. saucier N'"^.
Extrait des Registres de la jurisdiction des Cahos.
Du dix avril mil Sept cent quatre vingt Cinq, aujourdhuy est
comparu le S^ Joseph Labuxiere tuteur des Enfans mineurs de
deffunt jean B*^ jacquemain dit lajoye de la prairie du Rocher
Lequel nous Requis lenregistrement cy apres.
Je soussigne tuteur des Enfans mineurs de deffunt jean B^®
jacquemain dit lajoye de laprairie du Rocher averty tous ceux
qui ont pris des effets a lencan dud* deffunt jacquemain que led*
Encan dans le present mois davril et que les adjudicataires ayent
a payer eux ou leurs cautions leurs adjudications Entre les mains
de M^ Barbeau capitaine commandant a la prairie du Rocher qui
leur donnera quittance En mon absence Faute de quoy il leur est
declare quil payeront les frais et depens que Ion fera pour aler ches
eux leur demander le recouvrement Et en outre Linterest Suivant
la Loix Et coutume Etablie pour les mineurs fait En mon domicile
des Cahos le 9 avril 1785. signe Labuxiere Et plus Bas Est Ecrit
Envoye une copie aux Kas a M^ de Montbrun et a M^ Barbeau
pour afficher chacun dans les Lieux de leurs dependances le 10
avril 1785.
sign^ Labuxiere tuteur
fr. saucier N. P.
(Folio 36. 1786.)
aujourdhuy vingt huit decembre mil Sept cent quatre vingt
Six est comparu au greffe de ce siege le S'" gabriel Baron habitant
1 All pages between the reverse of folio 21 and folio 36 are omitted. These pages con-
tain the copies of documents in a suit between Laurent Durocher of St. Louis and Pollard &
Masson of Detroit in regard to a consignment of goods. The men interested are all from
CLERK'S RECORD, APRIL, 1785 493
the two duties in the same afifair. In faith of which we have deliv-
ered the present commission and have signed and sealed it with
our seal at Kaskaskia, the twelfth of December, 1782. Signed
on the commission, Richard Winston, County Lieutenant; which
commission we have registered and returned the original to the
said M. Labuxiere that he make use thereof and have recourse to
the above registry in case of need ; of which this act will testify,
the said day and year.
Fr. Saucier, Notary.
Extract of the Registers of the Magistracy of Cahokia.
On the tenth of April, 1785, to-day, there appeared M. Joseph
Labuxiere, guardian of the minor children of the deceased Jean
Bte. Jacquemain called Lajoye of Prairie du Rocher, who has
required of us the registration of what follows:
I, the undersigned guardian of the minor children of the de-
ceased Jean Bte. Jacquemain called Lajoye of Prairie du Rocher,
notify all those who have taken goods at the auction of the de-
ceased Jacquemain, the said auction [having been held] in the
present month of April, that the purchasers have to pay for them or
[give] their surety for their purchases into the hands of M. Barbau,
captain commandant at Prairie du Rocher, who will give them
receipts in my absence ; in default of which, notice is given to them
that they shall pay the costs and charges, which are made in going
to them to demand the recovery, and also the interest according to
the law and established custom for minors. Made in my domicile
at Cahokia April 9, 1785. Signed, Labuxiere. And below is
written : Sent a copy to Kaskaskia to M. de Monbreun and M.
Barbau for each to post in the places of their dependencies, April
10, 1785.
Signed Labuxiere, guardian.
Fr. Saucier, N. P.
(Folio 36, 1786.)
To-day the twenty-eighth of December, 1786, there appeared
at the office of this Court M. Gabriel Baron and Marie Louise
St. Louis or Detroit, and the documents do not form an integral part of the Cahokia records
The entries are made by Joseph Labuxiere in the years 1786 and 1787.
494 ILLINOIS HISTORICAL COLLECTIONS
du poste des cahos et marie Louise Buteau son Epouse porteur
de leur contract de mariage passd devant Senet Notaire aux
Cahos le vingt huit septembre mil Sept cent Soixante Seize Portant
la donnation qui suit. Et pour se donner des preuves de Laffection
reciproque quils Se portent Lun et lautre ils Se Sont fait et ce font
par ces presentes donnation mutuelle reciproque et a jamais irre-
vocable autant que donnation puisse valoir au dernier vivant d'eux
de tous et uns Chacuns les Biens meubles et immeubles propres
acquets et conquets que le premier mourant aura et laissera au
jour et heure de Son deces pour enjouir par le dernier vivant En
plaine propriete et comme de chose luy apartenante de plain droit,
cette presente donnation mutuelle Et reciproque ainsy faite pourvti
toutes fois quil ny ait point denfant nez ni a naitre dud* mariage
car en Cas denfant ladite donnation Sera nule de plain droit ainsy
convenu Et accorde. ce requerant les dits S^ et dame Baron in-
sinuation de la presente donnation nous lavons insinuee et en-
registree sur le present registre dinsinuation et denregistrement
du greffe de ce Siege pour servir aud* s^ dame Baron ce que de
raison dont acte lesd* jour et an,
Labuxiere N*^^ gfir
(Page 40, 1787.)
requisition de M^ Joseph Janez It Commi^^ Du 18 Janvier
1787.
avis au Public
Le Soussigne Etant charge de Prendre connoissance des abus
de Nature publique qui ont ete commis ici a L'entour il est Bien
mortiffie de voir que ces abus Sont Enormes et frequants mais
comme la Nature de Sa Commission est telle qu'il ne pent pas
pour le present les Examiner comme il le voudroit Et que dailleurs
il est plus glorieux de prevenir les Crimes de peur qu'on ne les
commete que de les punir apres quils Sont commis, il avertit done
le public par ces presentes que toutes personnes ou personnes
qui apres cette date Commetra ou occasionnera quel que Ravage,
ou pillage ou destruction Soit au fort de Chartre ou a lEncien
^ Continuation of the Laurent Durocher documents to the reverse of folio 39-
CLERK'S RECORD, JANUARY, 1787 495
Buteau, his wife, bearers of their contract of marriage passed
before Senet, notary at Cahokia, the twenty-eighth of September,
1773, containing the donation which follows: And in order to give
proofs of the reciprocal affection which they have one for another,
they have made and make by these presents mutual, reciprocal
and irrevocable donation, in so far as a donation can be valid, to
the survivor of them of all and each of the goods, personal and
real, inherited or acquired before or after marriage, which the
first one dying shall have and leave on the day and hour of his or
her decease, to be enjoyed by the survivor in full proprietorship
and as a thing belonging to him or her in full right. This present
mutual and reciprocal donation is so made, provided, however,
that there should be no child born nor to be born of the said mar-
riage; for in case of a child the said donation shall be null in full
right as agreed and granted. The said M. and Madame ^Paron
requiring the registration of the present donation, we have in-
scribed and registered it in the present record of registrations of
the office of this Court that the said M. and Madame Baron may
make use thereof, of which this act will testify, the said day and
year. Labuxiere, Notary Clerk.
(Page 40, 1787-)
Requisition of M. Joseph Janez, Lieut. Commissary, January
i8, 1787.
Notice to the Public.
The undersigned being appointed to take cognizance of the
abuses of a public nature, which have been committed here in the
surrounding places, he is very mortified to see that such abuses
are great and frequent; but as the nature of his commission is
such that he cannot examine them as he would wish to, and since,
besides, it is more glorious to prevent crimes which one fears will
be committed than to punish them after they are committed, he
warns the public, therefore, by these presents that all persons or
person, who after this date shall commit or cause any depredation,
robbery or destruction either at Fort de Chartres or at the former
college of the Jesuits at Kaskaskia or at the old fort on the moun-
496 ILLINOIS HISTORICAL COLLECTIONS
College des jesuites aux Caskaskias ou a lEncien fort Sur la mon-
tagne qui commande la ville ou a quelque magasin ou batiment
publique ils peuvent Satendre qu'ils Seront punis tres severement
puisque de la depend le Bonheur dun gouvernement qui veut etre
juste et Equitable.
toutes personnes qui a en main quelque chose appar'tenante
au public est averty de le rendre au plustost.
Le Soussigne Sestimeroit heureux Si les personnes qu'on Scait
avoir demoli le vieux College des jesuites vouloient profiter de
cet avis pour y remetre les materiaux quils en ont Emporte Et
pour retablir les Batiments dans lEtat ou ils Etoient auparavant,
dautant plus que dans peu il espere qu 'on y mettra un Corp de
troupes En garnison lequel aura Besoin de ces Batiments Et fera
les Enquetes necessaires concernants les dites personnes Si elles
negligent cette precaution, signe Joseph janes Lt. com^^ aux
Kaskakakias [sic] le ii Janvier 1787.
Lu public et affiche a la porte de L Eglise des cahos par moy
Joseph Labuxiere N^® et greffier aud* lieu le 18 Janvier 1787.
Labuxiere grefier.
Du 19 fevrier 1787
Est comparu le S^ augustin dubuc marchand voyageur Etant
de present aux Cahos a Lissue de la Cour de justice Seante En
(41, 1787.)
la Chambre du greffe Lequel apres avoir presente a la dite cour
la requete cy apres en a requis lenregistrement En ce dit greffe
que jay transcrit Sur le registre des Enregistrement mot a mot
suivant loriginal ainsy quil Suit.
a Monsieur jean B*^ LaCroix presidant Et Messieurs Les
juges de la cour du district des cahos
Messieurs
augustin dubuque marchand voyageur de montreal residant
a present en ce poste faisant par procuration du S^ valentine
jautard avocat En la dite ville a Ihonneur de vous representer
1 Janis was appointed commissioner either by the government of the revived French party
after the receipt of a letter from Congress or else by George Rogers Clark, who was at this
time in Vincennes. The notice is evidently directed against John Dodge, who had possession
of the old fort on the bluffs and who had taken cannon and other material ifor fortification from
the Jesuit building in the village, known as Fort Clark. See Introdtiction, p. cxxviii.
CLERK'S RECORD, FEBRUARY, 1787 497
tain which commands the village or at any storehouse or public
building, they may expect that they will be punished very severely,
since therefrom depends tbe welfare of a government which de-
sires to be just and equitable.
Every person who has in his possession anything belonging to
the public is notified to return it as soon as possible.
The undersigned would think himself fortunate, if the persons
who are known to have demolished the old college of the Jesuits
would profit by this notice to bring to it the materials which they
have taken therefrom and to rebuild the structures in the condition
in which they were hitherto, since it is hoped that in a short time
there will be stationed there in garrison a corps of troops, who will
have need of these buildings; and the necessary enquiries con-
cerning these persons will be made, if they neglect this warning.
Signed at Kaskaskia, January 11, 1787, Joseph Janez, Lieut Com.
Read, published and posted on the door of the church of
Cahokia by me, Joseph Labuxiere, notary and clerk of the said
place January 18, 1787.^
Labuxiere, Clerk.
February 19, 1787.
There appeared M. Augustin Dubuque, traveling trader, at
present in Cahokia, at the door of the court of justice sitting in
the office of the clerk; and after having presented to the said
Court the following petition, he has required the registration there-
of in this said office ; and I have transcribed it on the record of the
registrations word for word according to the original as follows :
To M. Jean Bte. LaCroix and MM. the Judges of the Court of
the District of Cahokia.
Sirs:
Augustin Dubuque, traveling trader of Montreal, resident at
present in this post, and acting by powef of attorney of M. Valen-
tine Jautard, lawyer in the said city, has the honor to show you
that, in virtue of the decree under date of the sixth of the month
of November last, of which it has pleased you to cause him to be
informed, he had believed that [he would have received justice]
in accordance with the legality of the claims which the said M.
498 ILLINOIS HISTORICAL COLLECTIONS
quen vertu de la Sentence quil vous a pl<i luy faire Signiffier en
date du Sixieme du mois de Novembre dernier il auroit Crii qua-
pr^s la validite des droits que a requis led* s^ jautard Sur les Biens
Cy devant appartenants aux missions Etrangeres Situes En ce
village paroisse de la S*® famille consistant En une maison de
pierre et Son terrain ainsy quune terre Et autres effets tel quil
est Ennonce par le contract de vente quen a fait en Son vivant
le S^ jean Lagrange au S^ jautard par acte passe pardevant m^
Labuxiere Notaire Royal en datte du quatriesme juin de Lannee
mil Sept cent Soixante Cinq dont led* S'" Lagrange avoit acquis
le tout de M^ francois forget duverger pretre et missionnaire des
missions Etrangeres grand vicaire de M^ Leveque de quebec
faisant et agissant alors au Nom de M^ Le Superieur des missions
Etrangere de paris, par acte passe devant led* M^ Labuxiere notaire
Royal des [lUinoisJle Cinquiesme de Novembre mil sept cent Soixante
trois Sous le gouvernement de M^ de Neyon alors gouverneur de
ce pays au Service de Sa majeste le Roy de france. Le supliant
ne pent cacher Sa Surprise connoissant la probity des arbitres
Nommes par la communaute des habitans de ce village pour
donner leurs opinions Sur la validite ou linvalidite des titres cy
dessus mentionn^s, de voir avec quelle authority (et Sil m'est
permis Sans blesser la modestie des dits arbitres) avec quelle
legerite ils ont Casse Ennuis et mis au Neant les actes passes il
y a vingt Cinq a vingt six ans par main de Notaire Royal, tems
ou le pays Etoit sous la domination francaise et jouissoit dune
justice Etablie Et reglee Et ou toutes personnes en place N 'auroit
Eu la temerite de passer ou recevoir aucun acte qui ne fut con-
forme aux loix Sans Encourir les risques de punition.
quil me soit permis Messieurs de vous observer quel seroit Ce
droit des gens Si la Cour daujourdhuy toute respectable quelle
est, Et quel pouvoir qui luy soit Confie, avoit le droit de Casser
(42, 1787.)
les actes passez sous les gouvernements francais et anglais Sous
lesquels nous avons Successivement passez dans lespace dEnviron
quatorze a quinze ans, quelle seroit la Surete publique, y auroit-il
1 For an account of the purchase by Jautard, see Thwaites, Jesuit Relations, had., 37.
CLERK'S RECORD, FEBRUARY, 1787 499
Jautard has made to the property heretofore belonging to the
foreign missions situated in this village, parish of the Holy Family,
and consisting of a stone house with its lot as well as a plantation
and other effects, such as is described by the contract of sale,
which M. Jean Lagrange during his life made thereof to M.
Jautard by instrument passed before M. Labuxiere, royal notary,
dated June 4, 1765, all of which the said M. Lagrange had ac-
quired from M. Francois Forget Duverger, priest and mission-
ary of the foreign missions and grand vicar of the bishop of
Quebec, acting at that time in the name of M. the Superior of
the foreign missions of Paris, by instrument passed before the
said M. Labuxiere, royal notary of the [Illinois], on the 5th
of November, 1763, under the government of M. de Neyon, at the
time governor of this country in the service of His Majesty the
King of France.^ The petitioner cannot conceal his surprise, since
he knows the probity of the arbitrators appointed by the community
of the inhabitants of this village to give their votes on the validity or
invalidity of the titles hereinabove mentioned, at seeing with what
authority (and if it is permitted without wounding the modesty
of the said arbitrators) with what levity they have put aside, an-
nulled and set at naught the instruments passed twenty-five to
twenty-six years ago by the hand of a royal notary, at which time
the country was under the French dominion and enjoyed an estab-
lished and regulated justice and when no person in office would
have had the temerity to pass or receive any instrument, which did
not conform to the laws, without incurring the risks of punishment.
Permit me, gentlemen, to inform you what this right of the
people would be, if the Court of to-day, wholly honorable as it is,
and what the power which is confided to you would be, did the
right exist of setting aside the instruments passed under the French
and English governments, under which we have successively
passed in the space of about fourteen to fifteen years. What would
be the public surety ? Would there be any individual who could
flatter himself with enjoying acquisitions which he has made or will
leave to his descendants, without running the risk of seeing them
forfeited ? Would not such a power become absurd which instead
500 ILLINOIS HISTORICAL COLLECTIONS
aucun particulier qui pti se flater de jouir des acquisitions quil a
faites ou laissdes a leurs descendans Sans courir les risques de
S'En voir dechu, un tel pouvoir ne deviendroit-il pas absurde qui
au lieu de veiller a la Surete publique par le maintien des loix
donneroit atteinte a les Enffeindre, le droit des gens Est un droit
que toutes nations Civilizees respectent Et Se rendent reciproque-
ment les uns aux autres, lorsque le pays fut rendu par le traits
de paix aux Englais Ion a vu cette nation respecter Et metre En
force tout acte de justice passez Sous le gouvernement francais,
comme maintenant que nous Sommes au pouvoir des Etats unis
de Lamerique Ion verra cette puissance maintenir dans toute
Sa force toutes loix et usages existants Sous les deux gouverne-
ments anterieurs les puissances Conquerantes ont le droit dajouter
au pays qu'ils ont conquis les loix qui leurs Sont propres mais^
non pas de Casser celles qui regnoient precedament
Le Supliant vous represente tres respectueusement quen vertu
de la procuration a lui livree par le S^ valentin jautrad avocat
resident a montreal pour Se nantir des Biens cy devant mentionnez
quil avoit legitimement acquis de deffunt S^ jean Lagrange Et
dont il a joui paisiblement pendant lespace denviron vingt un an
Sans interuptions ni apellation de qui que ce soit il a En conce-
quance Lannee derniere fait DeCretter La dite Mission avec
les Dits Biens En presence de temoin, pendant trois Mois de
Suitte a la porte de L'eglise au nom du dit Sieur Valentine Jau-
tard Comme a lui appartenant Sans que qui que Ce Soit Se pr^-
sentat pour ym'ettre Empechment, et ont ete vandu Juridicque-
ment Selon les Loix et Coutumes du pais a la porte de L 'eglise,
La quel vente Le Suppliant Entend quil est Lieu Sauf au Colege
des Mission Etrangeres d 'avoir Leurs recours Contre Leurs agent;
Le Suppliant a L'honneur de vous observer Messieurs que Lorsque
il a donne Sa Signature pour Se Soumettre a la Desition des Arbi-
tres il ne Croyoit pas avoir affaire a ses propres parties puisse qu'il
ce Disent ou ils sont Connu Etre de la Communaute des habitans
II ne veut pas dire par la qu'il est Cru m'al Decider mais il san-
tient deCement que faisant corps Dans le nombre des paroissiens
ils aurait Du Ce Recuser au lieu de prendre Le ton dautorit^ de
CLERK'S RECORD, FEBRUARY, 1787 501
of watching over the public surety through the maintenance of the
laws should give a blow to break them. The right of the people
is a right which all civilized nations respect and submit to recip-
rocally. When the country was surrendered to the English by the
treaty of peace, that nation was seen to respect and put in force all
acts of justice passed under the French government. Since now
we are in the power of the United States, it will be seen that this
power maintains in all their force the laws and usages which have
existed under the two preceding governments. The conquering
powers have the right to add to the country, which they have con-
quered, the laws which are their own ; but not to annul those which
were in force before.
The petitioner sets forth to you very respectfully that, in virtue
of the power of attorney given him by M. Valentine Jautard,
lawyer residing in Montreal, to take possession of the property
hereinbefore mentioned, which he had legitimately acquired from
the deceased M. Jean Lagrange and which he has enjoyed peace-
fully during the space of about twenty- one years without interrup-
tion or action from any one, and in consequence thereof, he last year
caused to be issued in the presence of witnesses and posted, for
three months together at the door of the church, a writ against the
said mission and its property in the name of the said M. Valentine
Jautard as belonging to him, without any one presenting himself
to make objection thereto ; and judicial sale was made according
to the laws and customs of the country at the door of the church
which sale, the petitioner understands, is allowed, reserving to the
college of the foreign missions the right to have recourse against
their agent. The petitioner has the honor to remark to you, gen-
tlemen, that when he gave his signature to submit himself to the
decision of the arbitrators, he did not believe that he had an affair
with the interested parties. Since they say it or are known to be
of the community of the inhabitants, and he does not wish to say by
that it is believed the decision was unjust, but he feels that, since
they were of the number of the parishioners, they ought properly
to have challenged them instead of taking the tone of authority to
annul and set aside authentic instruments legally passed under a
502 ILLINOIS HISTORICAL COLLECTIONS
(43, 1787.)
Casser et d'an^anter des actes authentiques passer L'egalement
Sous un Governement sage; Le Suppliant ne peut voir quavec Peine
que Les susdits arbitres annonCent dans un passage de Leurs Sen-
tance que Le dit Suppliant est Nantie De titres authentiques de la
part du S'" Jautard et dans un autre ils disent quils N'en a pas
sufEisamant puisquil En demande d'autres ils osent Encore avan-
cer que Le S'" abbe forget s 'est Evade furtivement de pais dans le
tems quils scavent Le Contraire, Leurs sentence prouve que
L 'abbe forget a Emport^r Les fonds de la Mission En f ranee, C 'est
done La Mission meme qui a operer dans Ce fait, puis qu'ils avoit
Mis La Gestion et La Conduite Entre les mains du dit forget et que
personne ne Ce soit opposer a la sortie des fonds L'orsqu'il partie
du pais; dans Le Convoy de Monsieur de Neyon alors Gouverneur
du pais; Le Suppliant Doit done Etre Certain que Le dit forget
avoit tous pouvoir dans Ladministration de cette Mission et Les
habitans n'en ont point Douter puisquils ont acquis de Lui, et
quand meme il N'auroit pas Ete muny d'un pouvoir particulier,
il a Ete Connu membre de La Mission et Vicaire general et par
consequant toutes Les ventes ou transsactions faites par lui sont
pour le Compte de la dite mission, il est done plus que Ridicule
aux arbitres de prendre Le haut ton d 'autorite de Casser et annul-
ler des actes Sacres, un tribunal de Justice Legale Les respecte
partous, il ny a que Le deffaut de forme qui puisse Les anneantir,
mais il est defliendu a des arbitres Den Connoitre. Ce Consider^
il vous Plaise, Messieurs Declarer La dite sentence null et Randu
par des Personnes inCompetentes, dire que Leur pouvoir ne
s'etand pas Jusqu'a decider une affaire de Droits qui n'appar-
tient qu'au tribunal Competent, de plus le suppliant vous prie.
Messieurs, de le recevoir appelant de La susdite sentence et de Lui
En Expedier acte afin qu'il puisse se pourvoir partout ou a qui
le droits appartiendra, et ferez droit. Presente par moi soussign^
a la cour respective des Cahokias le 15 ®°''' fevrier 1787 au Kaho-
kias. sign^ dubuc Et a linstant ladite requete a Et^ Remise aud*
s'" dubuque par moy greffier Soussigne apres la seance de la Cour
tenue par M""^ fr. Saucier presidant au lieu et place de s^ jean B*«
CLERK'S RECORD, FEBRUARY, 1787 503
well-conducted government. The petitioner can see only with
puin that the arbitrators aforesaid announce in a passage of their
verdict that the said petitioner is provided with authentic titles
from M. Jautard and in another they say that he has not sufficient
of them, since they demand others. They also dare to advance
that M. Abbe Forget left the country at the time secretly, when
they know the contrary. Their verdict proves that the Abb^
Forget has carried the funds of the mission to France. It is then
the mission itself which has acted in this deed, since they have
placed the action and conduct in the hands of the said Forget and
since no one has made opposition to the departure of the funds,
when he set out from the country in the convoy of M. de Neyon,
at that time governor of the country. The petitioner ought then
to be certain that the said Forget had all power in the administra-
tion of this mission ; and the inhabitants have had no doubt there-
of, since they have acquired property of him ; and if even he should
not have been armed with a particular power, he has been known
as a member of the mission and vicar- general and consequently
all the sales or transactions made by him are for the account of the
said mission; and it is therefore more than ridiculous for arbitra-
tors to take the high tone of authority of annulling and setting aside
sacred acts — a tribunal of civil justice would respect them every-
where. There is only the defect of form which could annul them,
but it is forbidden arbitrators to take cognizance thereof. In con-
sideration of this, gentlemen, you should decide to declare the said
verdict null and rendered by persons incompetent, and to say that
their power does not extend to deciding a question of law, which
belongs only to a competent tribunal.
Furthermore the petitioner prays you, gentlemen, to receive
his appeal from the verdict aforesaid and to expedite an act thereof
in order that he can plead everywhere in regard to whom the
rights belong and obtain justice. Presented by me, the under-
signed, to the honorable Court of Cahokia, the 15th of February,
1787, at Cahokia. Signed, Dubuque. And now the said petition
has been returned to the said M. Dubuque by me the undersigned
clerk, after the sitting of the Court, held by MM. Fr. Saucier, presi-
504 ILLINOIS HISTORICAL COLLECTIONS
(44, 1787.)
LaCroix — At. girardin — Louis Chatel — M saucier — Clement •
alary — et Joseph Lapens^e a qui ladite Requete a Et^ presentee Et
par eux apointee au bas dicelle ainsy quil suit yH par la Cour
assemblee la requete cy dessus du s^ dubuque Ensemble la sentence
rendue par les deputez arbitres Nommez^par la Communaute des
habitans des cahos auxquels led* s'' dubuq a promis de sen
raporter par son Ecrit En datte du sept Novembre 1786. la Cour
a deboute le s^ dubuque de toutes ses demandes et chef dobserva-
tions mentionnes En sa requete Et a Confirme et Confirme la
sentence desdits deputez et ordonne quelle sortira son plain Et
EntierEffet nonobstant tout apel. donne aux Cahos le 19 fevrier
mil sept cent quatre vingt sept, signe au bas de Lapointe de
ladite requete remise au s^ dubuque At girardin — M* saucier — une
+pour marque de Joseph Lapens^e — une + pour marque de Cle-
ment alary, une + pour marque de Louis Chatel — F. Saucier
presidant et le grefier soussigne
Aug. Dubuq Labuxiere
aujourdhuy premier Mars mil Sept cent quatre vingt Sept est
comparti au greffe de ce siege le s^ augustin dubuque marchand
voyageur lequel a requis Lenregistrement de la procuration cy
apres
Pardevant les notaires de la province de quebec residants a
montreal Soussignez M^ valentin jautard avocat demeurant fau-
bourg S* Joseph pres cette ville de montreal lequel a par ces pre-
sentes fait et constitue Son procureur general et special la pesonne
de M^ augustin Dubuc Negociant voyageur actuellement En cette
ville auquel il donne pouvoir de pour luy et En Son Nom aliener
vendre, cedder, et transporter a qui Bon luy Semblera Et pour
tel prix et Sommes que led* S^ Contsitue jugera les terrains cy
apres dessignez Savoir, un lopin de terre Situe au village des
cahokias paroisse de la S*^ famille contenant Environ trois cent
pieds de terre de front, Sur neuf cent pieds de profundeur Sur
lequel Est construite une maison de pierre ainsy et dans lEtat ou
elle Se trouve actuellement, plus une terre de quatre arpents de
front situe anteritoire des cahos a prendre du Rigolet en pro-
CLERK'S RECORD, MARCH, 1787 505
dent in the place and stead of M. Jean Bte. LaCroix, Ant. Girardin,
Louis Chatel, M. Saucier, Clement Alarie, and Joseph Lapance,
to whom the said petition was presented and by them referred.
Below is also what follows: Seen by the assembled Court the
above petition of M. Dubuque, together with the verdict of the
deputed arbitrators appointed by the community of the inhabitants
of Cahokia, to whom the said M. Dubuque has promised to leave
the decision by his writing dated November 7, 1786. The Court
has overruled all the prayers and principal observations mentioned
in the petition of M. Dubuque, and has confirmed and does con-
firm the verdict of the said deputies, and decrees that it shall have
its full and entire effect notwithstanding all appeal. Given at
Cahokia February 19, 1787. Signed below the reference of the
said petition returned to M. Dubuque, Ant. Girardin, Mt. Saucier,
a + for the mark of Joseph Lapance, a+ for the mark of Clement
Alary, a + for the mark of Louis Chatel, Fr. Saucier, president,
and the undersigned clerk.
Aug. Dubuque. Labuxiere.
To-day, the first of March, 1787, there appeared at the office
of this Court M. Augustin Dubuque, traveling trader, who has
required the registration of the power of attorney here following :
"Before the undersigned notaries of the province of Quebec,
residing at Montreal, M. Valentine Jautard, lawyer living in the
faubourg St. Joseph near this city of Montreal, has by these
presents made and constituted his attorney, general and special,
the person of M. Augustin Dubuque, traveling merchant, at pres-
ent in this city, to whom he has given power to sell, alienate, cede
and transfer for him and in his name, to whom it shall seem good
to him and for what price and sum which the said constituted
attorney shall determine, the lands hereafter designated: to wit,
a piece of land situated in the village of Cahokia, parish of the
Holy Family, containing about three hundred feet frontage and
about nine hundred feet in depth, upon which is constructed a
stone house, in whatever condition it is found at present; also a
plantation of four arpents frontage situated in front of Cahokia
extending in depth from the trench to the bluffs, adjoining on
5o6 ILLINOIS mSTORICAL COLLECTIONS
(45. 1787.)
fondeur jusques aux cotes, joignant dun cost6 au S^ Clermont Et
de lautre cost^ au Nomme dorion Suivant les designations
Portees aux contracts dacquisitions que led* S^ Constituant en a
faite de feu S'' jean lagrange vivant Negociant aux caskakias par
contract passe devant M^ Labuxiere Notaire en datte du quatre
juin mil Sept cent Soixante Cinq dont led* S^ lagrange avoit acquis
le tout de M'"^ francois forget duverger pretre et missionaire des
missions Etrangeres grand vicaire de M^ Leveque de quebec faisant
et agissant alors au Nom de M^ le Superieur des missions Etrangeres
de paris par acte passe devant led* M^ Labuxiere des [Illinois]
le Cinq Novembre mil Sept cent Soixante trois, dont tous les dits
titres y Enonces ont et6 remis aud* S^ Constitue pour et en vertu
diceux en prendre pocession au Nom dud* S^constituant, les vendre
comme dit est au meilleur avantage que led* constitue trouvera
Enfin plaider apeller, obtenir jugements aux fins de deguerpisse-
ments Si personne ou personnes quelconques Setoient a propria
les dits Biens, En un mot passer tous toutres [sic] de vente revetir
lacquereur ou les acquereurs de toute propriete au Nom dud*
Constituant Et du produit des ventes En recevoir iceux deniers
et den donner quittances ou en passer tous actes au profit des
acquereurs, prometant led* S^ constituant avoir tout pour agre-
able ce que led* S^ Constitud fera, donnant pouvoir de constituer
un ou plusieurs procureurs Sans Besoin de ratification de la part
dud* S^ constituant voulant que la presente vaille jusqua revoca-
tion expresse tel laps de tems qui puisse Se couler, car ainsi prome-
tant &c. obligeant &c voulant &c nonobstant &c. fait et passe
a montreal Etude des Soussignez Ian mil Sept cent quatre vingt
Cinq le dix neuf May avant midy, ces presentes delivrees En Bre-
vet, et a mond* S^ constituant Signe ces presentes avec les Notaires
Lecture faite Suivant Lordonnance — signe v jautard — Foucher — fr.
LeGuay Notaires. et plus basest Escrit Nous Rene ovide hertel
Ecuyer Seigneur de Rouville L'un des juges de Sa Majeste En
Sa Cour des playdoyers Communs, district de Montreal province
de quebec &c. &c. Certiffions a tous quil appartiendra que M^^
fr. LeGuay et antoine foucher qui ont Signe et delivre ces presentes
CLERK'S RECORD, MARCH, 1787 507
one side M. Clermont's and on the other the land of the named
Dorion according to the description contained in the contracts
of acquisition, which the said constituter made therefor with the
late M. Jean Lagrange, during his life merchant at Kaskaskia,
by contract passed before M. Labuxiere, notary, under date of
June 4, 1765, all of which the said M. Lagrange had acquired from
M. Francois Forget Duverger, priest and missionary of the
foreign missions and grand vicar of the Bishop of Quebec, acting
at that time in the name of M. the Superior of the foreign missions
of Paris, by act passed before the said M. Labuxiere, royal notary
of the [Illinois] on November 5, 1763. All the said title deeds here
mentioned have been delivered to the constituted attorney that he
may by virtue thereof take possession in the name of the said con
stituter, and sell them, as said, to the best advantage, that the said
constituted attorney shall find ; finally that he may plead, appeal and
obtain judgments for the purpose of ejectments, if any person or
persons, whatever, has appropriated the said property, in a word to
make all contracts of sale and to invest the purchaser or purchasers
with full property rights in the name of the said constituter and to
receive the money from the product of the sales and to give receipts
therefor or to pass all acts to the profit of the purchasers ; the said
constituter promises to sanction all which the said constituted attor-
ney shall do ; and gives him power to constitute one or more attorneys
without the need of ratification on the part of the said constituter;
and he wishes that the present be valid until express revocation
without regard to the time which may elapse ; for thus promising
etc. binding, etc. willing, etc. notwithstanding etc. Made and
passed at Montreal in the office of the undersigned, the year 1785,
{he nineteenth of May before noon. These presents were delivered
in brevet and the said M. constituter signed these presents with
the notaries, after reading was made according to the ordinance.
Signed, V. Jautard, Foucher, Fr. Le Guay, notaries. And
below is written — We, Rene Ovide Hertel Esquire, Seigneur de
Rouville, one of judges of His Majesty in his Court of Common
Pleas, district of Montreal, province of Quebec etc. etc. certify to
all whom it may concern that MM. Le Guay and Antoine Foucher,
So8 ILLINOIS HISTORICAL COLLECTIONS
(46, 1787.)
Sont notaires En cette province que foy doit etre ajout^e aux
actes quils passent tant en jugements que hors Certifions En outre
que le papier timbre nest point En usage dans cette dite province
En foy de quoy nous avons signe ces presentes et a icelles apose
le seau de nos armes ordinaires donne a Montreal En notre hotel
le 19 May 1785 signe hertel de Rouville
Et plus Bas est Ecrit. je Soussigne augustin dubuque je trans-
porte la presente procuration a M^ jean dumoulin Negociant
pour lexercer Et la faire valoir En tons son contenu, de meme et
ainsy que jaurois pla faire le metant et transmetant En mon lieu
Et place aux Cahos le dix sept Novembre mil sept cent quatre
vingt Cinq, signe A. Dubuc.
Et a linstant ladite procuration a Ete delivree par moy gref-
fier soussigne aud* s^ augustin Dubuc lesd* jour Et an.
Aug, Dubuque Labuxiere
aujourdhuy vingt quatre avril mil sept Cent quatre vingt Sept
est comparu au greffe de la jurisdiction des Cahos aux ilinois M'"
huges huvard porteur des pieces Suivantes lequel En a requis
Lenregistrement Suivant Et transcrit sur le present registres lui
meme atendu que le grefi&er nentend pas la langue anglaise ainsy
quil Suit
Know all men by these presents that I John Askin of Detroit
Merchant have made ordain'd Constituted & appointed & by these
presents do make ordain constitute & appoint in my place &
stead put & depute M'" Hugh Heward of Detroit aforesaid my
true & lawful attorney for me & in my Name & for my Use to
ask Demand recover & receive of & from any person or persons
indebted to me or any of my former Copartnerships. — giving &
granting to my said attorney my sole & full power & authority to
take pursue & follow such legal Courses for the Recovery receiv-
ing & obtaining of the same as I myself might or could do were
I personally present & upon receipt of the same Acquittances &
(47, 1787)
other sufficient Discharges for me & in my Name to sign Seal &
deliver as also one or more Attorney or Attomies under him to
CLERK'S RECORD, APRIL, 1787 509
who have signed and delivered these presents, are notaries in this
province and that faith should be given to instruments which
they draw up as well in judgments as elsewhere. We certify,
furthermore, that the stamped paper is not in use in this province.
In faith of which we have signed these presents and have thereon
placed the seal of our customary coat of arms. Given at Montreal
in our mansion. May 19, 1785. Signed, Hertel de Rouville.
And below is written : I, the undersigned Augustin Dubuque,
transfer the present power of attorney to M. Jean Dumoulin,
merchant, to carry out and put into effect in all its contents even
as I could have done, using and transmitting it in my place. At
Cahokia November 17, 1785. Signed A. Dubuque.
And now the said power of attorney has been delivered by me,
the undersigned notary, to the said M. Dubuque the said day
and year.
Aug. Dubuque Labuxiere.
To-day, the twenty-fourth of April, 1787, there appeared at
the office of the jurisdiction of Cahokia in the Illinois M. Hugh
Heward, bearer of the following documents and he has required
the registry thereof and has transcribed them in the present
register himself, since the clerk does not understand the English
language, as follows:
ist piece.
Know all men by these presents that I, John Askins of Detroit,
merchant, have made, ordained, constituted and appointed and
by these presents do make, ordain, constitute and appoint and in
my place and stead put and depute Mr. Hugh Heward of Detroit
aforesaid my true and lawful attorney for me and in my name and
for my use to ask, demand, recover and receive of and from any
person or persons indebted to me or any of my former co-partners;
giving and granting to my said attorney my sole and full power
and authority to take, pursue and follow such legal courses for
the recovery, receiving and obtaining of the same as I myself
might or could do, were I personally present; and upon receipt
of the same, acquittances and other sufficient discharges for me
and in my name to sign, seal and deliver; as also one or more
5IO ILLINOIS HISTORICAL COLLECTIONS
substitute or appoint & again at his pleasure to revoke & further
to do & perform & execute for me & in my Name all singular
Thing or Things which shall or may be necessary touching &
concerning the premises as fully & entirely as I the said John
Askin ought or could do in & about the same or as if more especial
authority was required than is herein given — ratifying allowing
& confirming whatever my said Attorney shall lawfully do or
cause to be done in & about the Premises by virtue of these
presents.
In witness whereof I have hereunto set my Hand & Seal the
fifteenth Day of November in the year One Thousand Seven
Hundred & Eighty Six.
(signed) John Askin
Signed Sealed & delivered in presence of
John McCaslan Witness Et a linstant Loriginal
William Park Remis a M'' hugues huvard
Hugh Heward Labuxiere
2nd.
Know all men by these presents that we John Askin George
Leith & Angus Mackintosh of Detroit & Directors of the
Miamis Company for ourselves & in behalf of the said Company
have made ordain'd Constituted & appointed & by these Pres-
ents do make ordain constitute & appoint & in our place &
Stead put & depute M^ Hugh Heward of Detroit aforesaid our
true & lawful Attorney for us & in behalf of the said Company
in our names & for our use to Demand recover or receive of
& from any person or persons indebted to the said Company
(48, 1787)
Giving & granting to our said Attorney our sole & full power &
authority to take pursue & follow such legal Courses for the
Recovery receiving & obtaining of the same as we ourselves might
or could do were we personally present. And upon the Receipt
of the same Acquittances & other sufficient Discharges for us & in
our Names to sign Seal & deliver as also one or more Attorney or
Attomies under him to substitute or appoint & again at his
pleasure to revoke ; & further to do & perform & execute for us
CLERK'S RECORD, APRIL, 1787 511
attorney or attorneys under him to substitute or appoint and again
at his pleasure to revoke; and further to do and perform and exe-
cute for me and in my name all singular thing or things which
shall or may be necessary touching and concerning the premises
as fully and entirely as I, the said John Askin, ought or could
do in and about the same or as if more special authority was
required than is herein given ; ratifying, allowing and confirming
whatever my said attorney shall lawfully do or cause to be done
in and about the premises by virtue of these presents.
In witness whereof I have hereunto set my hand and seal, this
fifteenth day of November, in the year one thousand seven hundred
and eighty-six. Signed John Askin.
Signed, sealed and delivered in the presence of John McCaslan,
witness William Park.
And now the original was returned to M. Hugh Heward.
Hugh Heward. Labuxiere.
2nd.
Know all men by these presents that we, John Askin, George
Leith and Angus Mackintosh of Detroit and directors of the
Miamis Company, for ourselves and in behalf of the said company
have made, ordained, constituted and appointed and by these
presents do make, ordain, constitute and appoint, and in our
place and stead put and depute Mr. Hugh Heward of Detroit,
aforesaid, our true and lawful attorney for us and in behalf of
the said company, in our names and for our use, to ask, demand,
recover or receive of and from any person or persons indebted
to the said company; giving and granting to our said attorney
our sole and full power and authority to take, pursue and follow
such legal courses for the recovery, receiving and obtaining of
the same as we ourselves might or could do, were we personally
present; and upon receipt of the same, acquittances and other
sufficient discharges for us and in our names to sign, seal and
deliver; as also one or more attorneys under him to substitute
or appoint and again at his pleasure to revoke ; and further to do
and perform and execute for us and in our names all singular
thing or things which shall or may be necessary, touching or
512 ILLINOIS HISTORICAL COLLECTIONS
& in our Natfies all singular Thing or Things which shall or may
be necessary touching or concerning the premises as fully &
entirely as we the said Directors ought or could do in & about
the same or as if more especial Authority was required than is
herein given. Ratifying allowing & confirming whatever our
said Attorney shall lawfully do or cause to be done in & about the
premises by Virtue of these Presents.
In Witness whereof we the said Directors in behalf of the said
Company have hereunto set Hands & Seals the Twentieth Day
of November in the Year One Thousand Seven Hundred &
Eighty Six.
(signed) John Askin
Signed Sealed & delivered In presence Angus Mackintosh
of John McCaslan Witness George Leith
Mont [illegible] Trimble a Linstant remis a M^ hugues
huvard
Hugh Heward. Labuxiere.
Monsieur
comme vous Nignores pas que je suis Charge par ordre de
notre Cour de la succession de deffunt M^ augustin dubuque,
(49, 1788)
vous avez En main une negresse Et Son Enfant a luy app*^ je
vous suplie de la remetre avec son Enfant a M^ aRondel avec qui
je me suis arrange pour la Conduire aux Cahos lieu auquel
Elle doit Etre vendue pour le compte de la Sucession ce faisant la
presente Lettre que je vous Envoy par M^ aRundel vous servira
dample decharge par son recu de ladite negrese Et son Enfant
que vous feres metre au bas de la presente Crainte de tous perils
Et Evenements a votre decharge
jay Ecrit au mois Novembre dernier par le detroit Et Rivierre
des ilinois a mad^ votre soeur Et luy marque de vous Envoyer
Sa procuration, ou a tout autre quelle voudra Choisir. si contre
mon atente on me refusoit la Negresse Et son Enfant je vous
previens que je la laisse sur les Risques perils Et fortunes de qui
1 John Askins was a merchant and fur-trader of Sandwich township, Ontario. He was
serving as commissary at MichiUimackinac in 1774. Later he served in the British army and
was retired in 1812. He married into one of the old French families of Detroit. — Mich.
CLERK'S RECORD, APRIL, 1787 513
concerning the premises as fully and entirely as we, the said
directors, ought or could do in or about the same or as if more
special authority was required than is herein given; ratifying,
allowing and confirming whatever our said attorney shall lawfully
do or cause to be done in and about the premises by virtue of these
presents.
In witness whereof we, the said directors, in behalf of the said
company have hereunto set our hands and seals, the twentieth
day of November, in the year one thousand seven hundred and
eighty six.
Signed, sealed and delivered in the presence of John Mc-
Caslan, witness. (Signed) John Askin.^
Mont[leUers illegible] Trimble. Angus Mackintosh.
George Leith.
Now it was returned to M.
Hugh Reward. Hugh Heward.
Labuxiere.
Sir:—
As you are not ignorant that I am intrusted by order of
the Court with the estate of the deceased M. Augustin Dubuque
and you have in your possession a negress and her child belonging
to him, I pray you to deliver her with her child to M. Arundel,
with whom I have made arrangements to conduct her to Cahokia,
where she is to be sold for the account of the estate. By doing
this the present letter, which I am sending you, will serve you for
a full discharge, through the receipt for the said negress and her
child which you will cause to be written at the bottom of the pres-
ent for fear of all perils and emergencies in regard to your dis-
charge.
I have written in the month of November last via Detroit and
the Illinois river to Madame your sister and instructed her to
send to you her power of attorney or to any other whom she
wishes to choose. If, contrary to my expectations, the negress
and her child are refused me, I warn you that I leave her at
Pioneer and Hist. Col., xxv., 696. The Burton library of Detroit, Mich., contains many of
his papers. — Thwaites, DescrijHive List of MSS. Collections, 124.
514 ILLINOIS HISTORICAL COLLECTIONS
il apartiendra me reservant En ce Gas de faire mes poursuites
pour et au profit de la Sucession contre qui javiseroy Bon
Etre. cy joint la lettre original a nous Ecritte au sujet par M^
Cruzat.
Si jay differe a la faire transferer icy Le mauvais terns et les
glaces En son Causes Et Sur ce que vous maviez dit que vous
Lenveriez par une ocasion sure.
jay Ihonneur detre M^ Votre serviteur sign^ Labuxiere le lo
mars 1788 a M'^ Pratte Neg* a S*^ genevieve.
Lettre de M^ Cruzat Ecritte a M^ saucier presidant de La Cour.
Monsieur
En concequance de la lettre que vous mavez Ecritte hier jay
pass^ a M'^ Prate a S*^ genevieve lordre de tenir a la disposition
de votre Cour Et de livrer a Sa demande la negresse qui est Ches
luy app*^ a la sucession du feu aug*^" dubuque persuade que je
suis que les Creanciers de cette Rive suivront dans cette Succession
les meme droits que les Creanciers qui sont sur la votre. jay
Ihonneur dEtre tres parfaitment M^ votre &c. &c. signe francois
Cruzat S* Louis le 14 9^^^ 1787 a M^ f^ saucier Magistrat aux
Cahos.
(so, 1788.)
Testament de james moore
aujourdhuy premier Septembre mil Sept cent quatre vingt huit
est comparu le S^ dorciere faisant pour et au Nom du S^ Gabriel
Cer^ absent porteur du testament de james moore Lequel nous
en a pour et au nom dud* S^ Cere Requis Lenregistrement ainsi
quil Suit.
AU NOM DE DIEU AMEN moi James Moore de la Belle-
fontaine du pays des ilinois Etant en parfaite Sante de Corp
desprit et de memoire je rend grace a dieu de rapeller a la memoire
la mortalite de mon corp Et Sachant que le Sort de tout homme
est de mourir une fois je fais ordonne et constitue ce present mon
testament et derniere intention cest a dire principalement et la pre-
miere chose de toute je donne et recommande mon ame entre les
^ See decree of Court in this case, where the Spanish creditors were not given the same
rights. Supra, p. 313.
CLERK'S RECORD, MARCH, 1788 515
the risk, peril and fortune of him whom it shall concern, reserv-
ing to myself, in that case, to make my suit for and to the
profit of the estate against whom I shall think it to be right.
Joined herewith is the original letter written us on the subject
by M. Cruzat.
If I have deferred having her transferred, the bad weather
and the ice are the causes thereof and also because you said that
you would send her at the first safe opportunity.
I have the honor, sir, of being your servant. Signed La-
buxiere, March 10, 1788. To M. Pratte, Merchant at Ste.
Genevieve.
Letter of M. Cruzat written to M. Saucier, President of the
Court.
In consequence of the letter that you have written me yester-
day, I have given to M. Pratte at Ste. Genevieve order to hold
at the disposition of your Court and to deliver on its demand the
negress which is at his house belonging to the estate of the late
Augustin Dubuque, since I am persuaded that the creditors of
this bank will enjoy the same rights in this estate as the creditors
who are on your bank etc.^ Signed Francois Cruzat, St. Louis,
November 14, 1787. To Francois Saucier, Magistrate at Cahokia.
Testament of James Moore.
To-day the first of September, 1788, there appeared M. Dor-
siere, acting for and in the name of M. Gabriel Cerr^, absent,
bearer of the testament of James Moore, and he has, for and in the
name of the said M. Cerre, required the registry thereof, as follows:
In the name of God, amen, I, James Moore of Bellefontaine
of the country of the Illinois, being in perfect health of body, soul
and memory, render thanks to God for recalling to memory the
mortality of my body; and knowing that the lot of every man is
to die once, I make, ordain and constitute this present my last
will and testament: that is to say, firstly and the first of all I
give and recommend my soul into the hands of Almighty God
who gave it and I recommend my body to the earth to be interred
in Christian burial and the funeral to the direction of my testa-
mentary executors, that at the general resurrection I may receive it
5i6 ILLINOIS HISTORICAL COLLECTIONS
mains de dieu tout puissant qiii la donna Et je recommande mon
corp a la terre pour etre Enterrd dans la descence Chretienne les
funerailles a la direction de mes executeurs testamentaires qu'a
la resurrection .generale je ne le recoive Encore par le pouvoir
Supreme de dieu Et quand aux biens terestres quil a plu a dieu
de me donner dans cette vie je donne me demet et dispose desdits
Biens de la maniere et forme Suivante.
Premierement je donne et legue a Catherine Moore ma femme
Bien aime le tier de tous mes Biens tant meubles qu'immeubles
apres que mes debtes Seront tous legitement payees cest mon in-
tention que je veux qu'on execute pendant Son veuvage quant
aux Negres Bingo et judik cest mon intention quils retournent
a M^ Tobias Barshares Si il veut les reprendre Et Sen rendre
responsable a la Sucession de jean allison Si non les dits negres
Seront vendus a lEncan ou vendus particulierement Si les Exe-
cuteurs testamentaires le jugent plus Convenables et leur pris
assure a lusage de la Sucession de feu jean allison: tant qua toutes
les terres que je possede actuelement cest mon intention quelles
Soient Egalement devisee Entre mes Cinq fils, Excepte que mon
fils William aura deux parts, les terres defrichees Seront partag^es
aussi Bien que les terres En Bois Et En pagees a la discretion
des executeurs Si apres mentionnes. je donne Egalement a Mon
fils William le Cheval apelle Pasbai, Et un livre apelle ou inti-
(51, 1788.)
tute trajedies de tivay Et le premier volume du Spectateur, Et
a mon fils jean le compagnon du jeune homme. et pour mon fils
James les oeuvres dabraham courley Et a Henoch le Septieme
volume du Spectateur Et a Milton le paradis perdu de milton
Et les oeuvres de M^ Sauvage intitule le vagabond; Et a ma fille
marie le premier volume des oeuvres de Shakespear, avec une
partie Egale de tous mes Biens meubles. et tous le restant de livres
Sera Egalement partage Entre tous, Et mon fils Wiliam aura mon
violon. jordonne Et constitue pareillement Gabriel Cerre Shad-
rick Bonde Et Thomas Biggs d'Etre mes Executeurs de ce pres-
ent testament Et mes dernieres volontes. a qui je recommande de
1 It would have been a simple matter for the French clerk to have read for d'olway the
de tivay of the text. Courley is certainly Cowley.
CLERK'S RECORD, SEPTEMBER, 1788 517
again by the supreme power of God; and as to the temporal
goods, which it has pleased God to give me in this life, I give,
devise and dispose of the said goods in the manner and form
following :
Firstly, I give and bequeath to Catherine Moore, my well
beloved wife, the third of all my property both personal and real,
after my debts shall be all legitimately paid; it is my intent which
I wish to be executed during her widowhood. As to the negroes
Bingo and Judik, it is my intent that they return to M. Tobias
Barshares, if he is willing to take them back and to hold himself
responsible therefor to the estate of John Allison; if not, the said
negroes shall be sold at auction or sold at private sale, if the testa-
mentary executors judge it best, and their price assured to the
use of the estate of the late John Allison ; as to all the lands, which
I possess at the present time, it is my intent that they be equally
divided between my sons except that my son, William, shall have
two parts. The cleared lands shall be divided as well as those in
woods and in farm-yard at the discretion of the executors here-
after mentioned. I give equally to my son, William, the horse
called Pasbai and a book called or entitled " Tragedies of Otway "^
and the first volume of the "Spectator"; and to my son, John,
" The Companion of the Young Man" ; and to my son, James, the
works of Abraham Cowley; and to Henoch, the seventh volume
of the "Spectator" ; and to Milton, " The Paradise Lost" of Milton
and the works of M. Savage entitled "The Vagabond"; and to
my daughter Mary, the first volume of the works of Shakespeare
with an equal part of all my personal goods; and all the remaining
books shall be equally divided among all; my son, William, shall
have my violin. I ordain and constitute likewise Gabriel
Cerre, Shadrach Bond and Thomas Biggs to be my executors
of this present last will and testament, to whom I recommend
that they leave all my property in the hands of my wife during
her widowhood until the boys are of age; and that at that time
each of them, as they Come of age, withdraw his share; but if
there appears to the testamentary executors that there is the
least appearance of waste in the property, it is my intent that
5i8 ILLINOIS HISTORICAL COLLECTIONS
laisser tous les Biens entre les mains de ma femme pendant Son
veuvage jusqua ce que les garjons Soient en age et pour lors
chacun d'eux a mesure quils viendront En age tireront leur part
mais S'il paroit aux Executeurs testementaires qu'il y ait la moin-
dre aparance de degat dans les Biens. cest mon intention quil le
prenne entre leurs mains et le place au plus avantageux pour le
Benefice des Enfans Et par le present je desaprouve, revoque
et Ennule tous les autres testaments anterieurs a celui ci ainsi
que les Executeurs par moi nommes ci devant dans mes pre-
cedants legs et intentions, je rattifie Et confirme ce present, et
aucun autre pour etre mon testament et mes dernieres intentions.
En concequance de quoy jy ay pose ma Signature Et mon cachet
ce trente unieme jour de May, Lan de notre Seigneur mil Sept
cent quatre vingt sept signe James Moore j cachet} signe Cachet^
L(i prononce et declare par led^ James moore comme Son testament
Et Ses dernieres intentions en presence de nous qui en sa presence
Et en presence de chacun de Nous avons Signe nos Noms ci des-
sous Signe Michel Huff — John Slaughter + Sa marque — frs.
Clark — et plus Bas est Ecrit je certiffie la presente traduction
Conforme a la original Signe L Dorsiere
Enregistre conforme . a la traduction par moy N^^ Publique
Soussigue.
Labuxiere N^^ P.
aujourdhuy troisieme jour de Septembre mil Sept cent quatre
vingt huit est comparu au greffe et Notaria du poste des cahos
aux ilinois le S^ jean B^^ Dumay habitant dud* lieu porteur de
Son contract de mariage avec felicite Peltier Son Epouze passe
devant M^ Labuxiere N^^ aud* lieu des cahos En datte du dix^
jour de juin mil Sept cent quatre vingt Six par lequel il apert la
donnation que led* Comparant a fait de tous Ses Biens meubles
Et immeubles quil laissera au jour Et heure de Son trepas a ladite
felicite Peltier, la dite donnation portee Sur Son Contract de
mariage contenant ce qui Suit. Et ledit futur Epoux pour donner
des preuves dune veritable affection a ladite future Epouse et luy
marquer qu'il veut Bien Servir d'un veritable pere a Ses Enfans
ayant accept^ leur tutelle p^ veiller a leurs interest et les aider de
CLERK'S RECORD, SEPTEMBER, 1788 519
they take it in their hands and place it to the best advantage
for the interest of the children. And by the present I disapprove,
revoke and annul all other testaments previous to this as well as
the executors named by me herebefore in my previous wills and
testaments. I ratify and confirm this present and no other to
be my last will and testament; in consequence of which I have set
thereon my signature and my seal, this thirty-first day of May in
the year of our Lord 1787. Signed James Moore jggaif Signed,
sealed, read, pronoimced and declared by the said James Moore to
be his last will and testament in his presence and in the presence
of us, who, in his presence and in the presence of each of us, have
signed our names hereunder. Signed Michel Huff, John Slaugh-
ter + his mark, Francis Clark. And below is written, I certify
that the present translation conforms to the original. Signed, L.
Dorsiere.
Registered, according to the translation, by me, the undersigned
notary pubhc.
Labuxiere, N. P.
To-day, the third day of September, 1788, there appeared
at the office and notariat of the post of Cahokia in the Illinois,
M. Jean Bte. Dumay, inhabitant of the said place, bearer of his
contract of marriage with Felicite Pelletier, his wife, passed before
M. Labuxiere, notary, in the said place of Cahokia under date
of the tenth day of June, 1786, in which there appears the donation
which the said appearer has made of all his property, personal and
real, which he shall leave on the day and hour of his death, to the
said Felicity Pelletier. The said donation is contained in his con-
tract of marriage and is as follows: And the said future husband,
in order to give proofs of a veritable affection to the said future
wife and to show her that he wishes to serve as a true father to her
children, the guardianship of whom he has accepted, to watch over
520 ILLINOIS HISTORICAL COLLECTIONS
Ses avis Et conseil Et marquer a la future Epouse une veritable
amiti^, il luy a fait a EUe Seule donnation pure Simple Entre vif
Et a jamais irrevocable En la meilleure forme que donnation
puisse valoir de tous les Biens meubles et immeubles quil lais-
sera au jour et heure de Son trepas En cas quil decedde Sans En-
fans avant la dite future epouse Et meme de ladite somme de dix
mille Sept cent quatre livres port^e En Linvantaire dud* dumay
pour en jouir disposer et apartenir a ladite future Epouse Sans
retour comme de Chose a Elle apartenante de plain luy en don-
nant toute propriete Sans que personne y puisse pretendre au-
cunne Chose, comme un bien quil a acquis et gagn^ par ces pen-
ibles travaux dont ladite future Epouse Sera libre de disposer a
sa mort En faveur de qui Bon lui semblera Sans que les Enfans
dud* picart Son premier mary Et dEUe puisse pretendre aucunne
chose que ce quelle voudra Bien leur donner cette presente don-
nation ainsi faite toutes fois au Cas quil ny ait aucunes enfans
vivants nfez ni a naitre dud* futur mariage dud* dumay et de la-
dite future Epouse car au cas dEnfant ladite donnation Sera nule
de plain droit et Sans difficulte &c. Ce requerant led* jean B*^
dumay insinuation de la dite donnation, Nous lavons insinu^
et enregistre Sur les registres de cette jurisdiction apres en avoir
fait lecture, pour servir Et valoir ce que de raison a la dite felictie
peltier. et a ledit dumay fait sa marque ot6F^ ne sachant signer
lesd* jour et an
marque + de Labuxiere
jean B*^ dumay
aujourdhuy vingt quatre mars mil sept Cent quatre vingt neuf
est comparu jean marie dorion tuteur de la mineure lamarche
demeurant aux Cahos lequel nous a requis lenregistrement du
billet cy apres.
Je Joseph Robidoub Soussign^ declare devoir Et promet payer
dans le courant du mois doctobre de lannee mil sept cent quatre
vingt dix a lordre de M^ jean marie dorion la Somme de
sept Cent piastres En Bon courant ou la valeur en pelterie de
CLERK'S RECORD, MARCH, 1789 521
their interests and to aid them with his counsel, and to show the
future wife a true affection, has made to her alone a true and
simple donation inter vivos and irrevocable, in the best form that
donation can be made valid, of all the personal and real property
which he shall leave on the day and hour of his death, in case that
he dies without children before the said future wife, and also of
the said sum of ten thousand seven hundred livres contained in
the inventory of the said Dumay, to enjoy, dispose of and to
belong to the said future wife without requital as a thing belong-
ing to her, and he gives it to her in full proprietorship so that no
person can make any pretense thereto, as it is property which he
has acquired by his labor, of which the said future wife shall be
free to dispose at her death in favour of whom it seems best to
her, and so that the children of the said Picart, her first husband,
and of herself can make claim to nothing except what she shall
be willing to give them. This present donation is so made,
however, in case only that there are no living children born or to be
bom of the said future marriage of the said Dumay and the said
future wife. In case of a child the said donation shall be null in
full right and without difficulty etc. The said Jean Bte. Dumay
requiring the registration of the said donation, we have inscribed
and registered it on the records of this magistracy, after having
made a reading thereof, that it may be of use and validity to the
said Felicity Pelletier, of which this act will testify. And the said
Dumay has made his mark, not knowing how to sign, the said day
and year.
Mark + of Labuxiere.
Jean Bte. Dumay.
To-day, the twenty-fourth of March, 1789, there appeared
Jean Marie Dorion, guardian of the minors Lamarche, dwelling
at Cahokia, who has required of us the registration of the follow-
ing note:
I, the undersigned Joseph Robidou, declare that I owe and
promise to pay in the course of the month of October of the year,
1790, to the order of M. Jean Marie Dorion the sum of seven hun-
dred piastres in current bons, or the value in peltries of receipt at
522 ILLINOIS HISTORICAL COLLECTIONS
(S2, 1789.)
Recette au prix Courant de Lecheance pour un Negre quil ma
vendue Nomm^ Minan ag^ dEnviron trente Cinq ans provenant
de la Sucession de feu Buet Et pour plus grande Surete du S^
dorion. je Soussign^ auguste Chouteaud me rend garant Et caution
de la Susdite Somme de Sept cent piastres Et m'oblige la payer
comme En faisant ma propre affaire Et debte comme principal
debiteur a S* Louis le vingt Mars mil Sept cent quatre vingt neuf.
signd J H Roubidoub. p'". caution aug*® Chouteau. 700 Piastres.
Et a linstant remis led* Billet En original aud* S^ jean marie
dorion qui a declard ne savoir signer et a fait sa marque ord^®.
marque de + Jean Marie dorion Labuxiere greffier
W Arundel temoin
Know All Men by these presents that we Edward William Gray
Esquire William Goodall, John Lilly, Peter Bouthiellier, and
Robert Cruickshanks merchants executers of the last will and
Testiment of William Kay late of Montreal in the district of
Montreal, in the Province of Quebec merchant deceas'd Have
made Ordained, authorized, constituted and appointed and by
these presents DO make Ordain, authorize, constitute and appoint
Josiah Bleakley late of michelimakinac, but now of Montreal
aforesaid merchant. Our true and Lawful attorney, for us, and in
our name or (otherwise) and to and for our use as Executors as
aforesaid, to ask demand sue for recover and receive of and from
all and every person or persons whatsoever whom it doth, shall
or may concern, and particularly of and from David McCrai,
David McCrai and Co, Pierre antoine Tabeau, Jean Baptiste
morelle, James Aaron Holt, and Charles Gratiot at michel-
makinac or elsewhere in the upper Country, all such sum and
Sums of money Debts Dues and Demands whatsoever, as are due,
owing payable or belonging to the said William Kay at the time of
his Decease, and now are or hereafter may become due, owing,
payable or belonging to as the Executors of his said last Will and
Testament, for or by reason of any cause, matter or thing what-
soever and to compound and agree to take less than the whole for
CLERK'S RECORD, OCTOBER, 1789 523
the current price at maturity, for a negro, which he has sold
me, named Minan, aged about thirty-five years, coming from
the estate of the late Buyat; and for greater security of M. Dorion,
I, the undersigned Auguste Chouteau, hold myself as guarantor
and surety of the aforesaid sum of seven hundred piastres and
pledge myself to pay it as if it was my own business and debt as
principal debtor. At St. Louis, the twentieth of March, 1789.
Signed, J. H. Robidou. For surety, Auguste Chouteau, 700
piastres.
And now the said note in original was returned to the said
M. Jean Marie Dorion, who has declared that he did not know
how to sign and has made his mark.
Mark of + Jean Marie Dorion. Labuxiere, Clerk.
W. Arundel, witness.
Know all men by these presents that we, Edward William Gray
Esquire, William Goodall, John Lilly, Peter Bouthiellier and
Robert Cruickshanks, merchants, executors of the last will and
testament of William Kay, late of Montreal in the district of
Montreal in the province of Quebec, merchant deceased, have
made, ordained, authorized, constituted and appointed and by
these presents do make, ordain, authorize, constitute and appoint
Josiah Bleakley, late of Michillimakinac but now of Montreal
aforesaid, merchant, our true and lawful attorney, for us and in
our name or (otherwise) and to and for our use, as executors as
aforesaid, to ask, demand, sue for, recover and receive of and from
all and every person of persons whatsoever whom it doth, shall or
may concern, and particularly of and from David McCrae, David
McCrae and Co, Pierre Antoine Tabeau, Jean Baptiste Morelle;
James Aaron Holt and Charles Gratiot at Michillimakinac or
elsewhere in the upper country, all such sum and sums of money,
debts, dues and demands whatsoever, as are due, owing, payable
or belonging to the said William Kay at the time of his decease,
and now are or herafter may become due, owing, payable or
belonging to as the executors of his said last will and testament,
for or by reason of any cause, matter or thing whatsoever and to
compound and agree to take less than the whole for all or any of
524 ILLINOIS HISTORICAL COLLECTIONS
all or any of the debts or Demands aforesaid, where the whole in
all appearance cannot be got, And upon payment, recovery or
receipt thereof or of any part or parts thereof. Acquittances, or
other Good and sufficient discharges in the Law for the same, for
us and in our names as Executors as aforesaid accordingly to make.
Seal and deliver, and Generally to do, transact, manage and
perform all other matters and things any wise relating to the
premises in such manner as to our said attorney shall appear most
advisable and Expedient as fully amply and effectually in all
respects as if the most special powers were to our Said Attorney
for the purposes aforesaid by us given, or as we ourselves might
or could do personally, AND an Attorney or Attomies under him
for the purposes aforesaid, with the like or more limited powers,
to make and at his pleasure to revoke.
HEREBY allowing ratifying and confirming all and what-
soever our said Attorney or his Substitute or Substitutes shall
Lawfully do or cause to be done in or about the Premises by Virtue
of these Presents IN WITNESS whereof we have hereunto sett
our hands & Seals the twenty fifth day of April in the Year of Our
Lord One thousand Seven Hundred & Eighty Eight.
Signed SeaPd and Edw^ Wm Gray [ls]
deliver'd in the presence of W Goodall [ls]
J^ Bouthillier John Lilly [ls]
Sami Genard P Bouthillier [ls]
R Cruickshank [ls]
Lequel Enregistrement a Et6 fait a la requisition du M^ Charles
Grassiot conforme a loriginal Et transcrit par me jean dumoulin
Neg* au deffaud par moy N^« d'Entendre la langue Englaise
aux Cahos le 28 8^^^ 1788
Ch Gratiot
J" Dumoulin
Josiah Bleakley
CLERK'S RECORD, OCTOBER, 1788 525
the debts or demands aforesaid, where the whole in all appearance
cannot be got; and upon payment, recovery or receipt thereof
or of any part or parts thereof, acquittances or other good and suf-
ficient discharges in the law for the same, for us and in our names
as executors as aforesaid, accordingly to make, seal and deliver
and generally to do, transact, manage and perform all other matters
and things anywise relating to the premises in such manner as
to our said attorney shall appear most advisable and expedient
as fully, amply and effectually in all respects as if the most special
powers were to our said attorney for the purposes aforesaid by us
given, or as we ourselves might or could do personally; and an
attorney or attorneys under him for the purposes aforesaid, with the
like or more limited powers, to make and at his pleasure to re-
voke.
Hereby allowing, ratifying and confirming all and whatsoever
our said attorney, or his substitute or substitutes shall lawfully
do or cause to be done in or about the premises by virtue of these
presents. In witness whereof we have hereunto set our hands and
seals the twenty-fifth day of April in the year of the Lord, one
thousand seven hundred and eighty-eight.
Signed, sealed and Edw. Wm. Gray [LS]
delivered in the presence of Wm. Goodell [LS]
Jn. Bouthiellier Jonne Lilly [LS]
Samuel Genard. P. Bouthiellier [LS]
R. Cruickshank [LS]
This registry was made on the requisition of M. Charles Gra-
tiot and conforms to the original and was transcribed by me,
Jean Dumoulin, merchant, in default of a knowledge of the
English language by me, notary, at Cahokia, October 28, 1788.
Ch. Gratiot.
Jean Dumoulin.
JosiahvBleakley.
CAHOKIA DOCUMENTS.
French
Gratiot to G. R. Clark, February 3, 1779.
Monsieur
Je suis au desespoir que mes affaires icy soyent dans le cas de
me priver de me joindre avec nos jeunes gens, pour vous prouver
le desir que j'aurois en toute occasion de vous temoigner mon
attachem^ et mon Zele en tout ce qui vous regarde, et vous as-
surer en meme terns de 1 'affection que vous vous ete sy dignement
acquise de tous les citoyens de ce Village, dont je me flatte que
dans toute les occasions vous les verres Zele et devoue entiere-
ment a tout ce qui conserne les Interest de la Cause dont vous
etes le deffenseur dans ce pays. Pour ce qui me regarde, comme
je suis dans la triste Necessite de rester, cy je puis vous etre icy
de quelques utilite, j'espere que vous n'epargneres pas dans
auqu'une occasion celui qui est pour la vie
Votre tres humble & Devoue
Serviteur Ch Gratiot
NB: Mes respect s'il vous plait le Cap" Bowman
et tous vos officers vous obligere infiniment C G^.
Aux Cahos le 3^ Fevrier 1779
[On the reverse] Jespere qu'au Retour de votre Campagne
nous aurons le plaisir de vous voir en notre Village, et que vous
viendres avec vos Messieurs nous aider a boire Notre Vin, dont
je crains bien que cy vous tardis longtems il ne Surisse de telle
maniere quil n'y ast plus moyen den boire.
1 The following documents come from several archives. This collection does not con-
tain all the stray papers from Cahokia of the period, but it does contain all the important
known documents, hitherto unprinted. Several documents from the Z>r. MSS. were published
by F.J. Turner in Anier. Hist. Rev., viii., 491 et seq. Other papers have been printed by
M. I. J. Griffin in Amer. Calh. Hist. Researches, New Series, ii., 3. The classification into
French and English documents was necessitated by the composition of the book.
526
CAHOKIA DOCUMENTS.^
FRENCH.
Gratiot to G. R. Clark, February 3, 1779.^
Sir:
1 am in despair because my affairs here are in such condition
that they prevent me from joining with our young men, in order to
prove to you the desire which I have of testifying to you on every
occasion my attachment and zeal in all that concerns you, and to
assure you at the same time of the affection, which you have so
worthily earned from all the citizens of this village, whom, I flat-
ter myself, you will see on all occasions zealous for and entirely
devoted to everything which concerns the interest of the cause, of
which you are the defender in this country. As far as I am con-
cerned, since I am under the sad necessity of remaining behind,
if I can be of any use here, I hope that you will not spare, on any
occasion, him who is for life
your very humble and devoted servant,
Charles Gratiot.
N. B. My respects, please, to Captain Bowman and all your
ofl&cers and you will oblige infinitely
C. Gratiot.
At Cahokia, February 3, 1779.
[On the reverse] I hope that on the return from your campaign
we shall have the pleasure of seeing you in our village and that you
will come with your gentlemen to aid us in drinking our wine, but
I fear that if you delay a long time, it will come about that there
will be no longer means of drinking any.
2 Dr. MSS., 49J3, original manuscript. The letter was written to Clark at the time he
was preparing to set out for Vincennes. Dr. Louise Phelps Kellogg kindly collated the proof
of all the documents from the Draper MSS., printed in this volume, with the originals.
527
528 ILLINOIS HISTORICAL COLLECTIONS
McCarty to his Wefe, April 28, 1779.
Ma chere femme Voila la derniere foy que je vous ecrit cet
anne un des postes de St. Martin et celuy par votre frere laid &c.
depuis quelque terns je necesse de rever de vous et ma chere fiUe
je vouderette a dieu que vous pouvroient etre ici, je craigne fort
pour eux et vous tacher ma chere femme de venir avec quelqu'un
me rejoindre ici avec eux est il possible ma chere que vous ne
pouvroit point trouver quelqu'un Voila Mad. la Captitaine Mc-
Durald souhait que vous estoit ici pour me voire en ma habit
d'ordonnance Je suis Capitaine dans la Bataillon des Islnois et
aide de Camp du Commandant en chef du department ouest.
Voila vous me dira bien de avancement subite mais il est vray;
je cherche dans cet temps de trouble de affixer un Bien etre pour
nos Enfants et je ne pent le faire pour nous, mais cy vous estoit
rie vous seray bien en cas de ma mort, Votre pention est assure
en s'adressant a I'Etat ou Republique de Virginie. Mon Moulin
en mon absence par la grand Abbat de pluie est encore partes
mais mon General m'ait promis de faire camper un Regement
dans le beau temps au moulin pour la remettre tacher done ma
chere femme de venir me joindre je ne doute point que vous en-
tenderoient parler de moy car j'ai eu Bon part dans la prise de
Gouverneur Hamilton et je me flatte que je lui ait rendii service
dont il a eu besoin par sa meurteure qu'il faisoit commettre
journalm^ sur les femmes et les Enfants de mes Compatriotes et
je croy que cy le Traitteur de Mississippi me rend justice je suis
chere a eux par le soin que je en ai prise vis a vis les sauvages &c.
et que je prend constammnet. Chere femme tacher de me rejoin-
dre et votre famille, vous cousine espere cela au moins cy vous
me haissoit point je suis en esperant de vous y voire avec estime
et respect a grand mere, mama oncle Baby & Tant & les francais
sont nos allies.
Votre affection^ marie
Richard M. Carty Capne
Islinois Batallion
1 Can. Archives, B., 182, p. 71, from a copy. All the copies from the Haldimand Collec-
tion printed in this volume were furnished by the Canadian Archives .
LETTER FROM McCARTY, APRIL, 1779 529
McCarty to His Wife, April 28, 1779.*
My dear wife: — This is the last time that I shall write you this
year, one by the posts of St. Martin and that by your brother etc.*
For some time past I have had to dream of you and my dear
daughter. I wish to God that you might be here, since I have great
fear for them and you. Try, my dear wife, to come with some
one to join me here with them. Is it possible, my dear, that you
cannot find any one ? There is Madame Captain McDurald who
wishes that you were here to see me in my uniform of orderly. I
am captain in the Illinois battalion and aid-de-camp of the com-
mander in chief of the western department. There you are, you
will tell me, very suddenly advanced ; but it is true I am seeking in
this time of trouble to establish a fortune for our children and I
cannot do it for ourselves; but if that be nothing to you[?], you
will be well fixed in case of my death. Your pension is assured
by sending to the State or Republic of Virginia. My mill in my
absence has been carried away by the great downpour of rain;
but my general has promised me that he will have a regiment en-
camp in the spring at the mill in order to set it up again. Try
then, my dear wife, to come and join me. No doubt you have
heard people speak of me, for I was prominent in the capture of
Governor Hamilton, and I flatter myself that I rendered him
service, of which he has had need on account of the murders,
which he has caused to be committed daily on the wives and
children of my compatriots; and I believe that, if the traders
of the Mississippi render me justice, I am dear to them on
account of the care which I have taken against the savages etc
and which I am taking constantly. Dear wife, try to join me and
your family; your cousin hopes it, if you do not hate me. I am
living in hope of seeing you here. With esteem and respect to
grandmother, mamma, uncle, baby and aunt; and the French are
our allies.
Your affectionate husband
Richard McCarty,
Captain Illinois Battalion.
2 The first sentence, like others in the letter, is difficult to interpret.
530 ILLINOIS HISTORICAL COLLECTIONS
Cahos 28 avril 1779
Addressed a Madame MacCarty Chez sa mere a MontreaL
Endorsed: Letter from one Richard MacCarty at Cahos to
his wife at Montreal, dated the 28th April 1779. Rec*^ the 24th
of July.
Inhabitants of Cahokia to G. R. Clark, April ii, 1780.
A L'Honorable George Rogers Clark Equier
Colonel et Commandant en Chef des troupes de I'Etat de Vir-
ginie dans le Comt^ des Illinois et ses dependances &c: &c: &c:
Monsieur
Dans la situation deplorable ou nous nous trouvons d present,
nous vous deputons la personne de Monsieur Charles Gratiot I'un
de nos citoyens, pour vous representer notre detresse, et la Calamity
ou les Nations Sauvage de tous cotds nous Reduisent; Nous Sommes
a la Veille d'etre attaqu^ dans notre Village par des Partis consid-
erable de Sauvages, et de ne pouvoir travailler a la Culture de
nos terres cy nous N'avons de prompt Secours; C'est pourquoi nous
prenons la liberty de nous adresser a vous, par la confiance et
I'esperance que nous avons de votre bont6 et de I'affection que
vous nous aves toujours temoignee, Mais ce qui nous afflige le
plus en cas que vous envoya tant icy du Monde, que nous n'eus-
sions pas les provisions qui leur Seraint necessaire; Monsieur
Gratiot pouve facilement vous instruire des facult^s de notre
village et 1 'avons charge de conferer avec vous a cet effet, y ayant
mis toute notre confiance et que vous ne travaillera de Concert
que pour nous procurer la paix et la tranquility et ne cesserons
de faire des Voeux au Ciel pour votre Conservation et prosperity.
Nous avons I'honneur detre
Monsieur Vos tres humbles et devours
Serviteurs
Aux noms des Citoyens du village des Cahoskias le onzieme d'
Avril 1780
Antoine Girardin F. trottier
que beaulieu.
mar + de J. B. Saucier
pierre martain J. B. H. LaCroix
Dr. MSS., 50J27, original manuscript.
CAHOKIANS TO CLARK, APRIL, 1780 531
Cahokia April 28, 1779.
Addressed, To Madame McCarty, at her mother's, Montreal.
Endorsed : Letter from one Richard McCarty at Cahokia to
his wife at Montreal, dated the 28th of April, 1779. Received the
24th of July.
Inhabitants of Cahokia to G. R. Clark, April ii, 1780.^
To the Honorable George Rogers Clark, Esquire, Colonel and
Commander in Chief of the troops of the State of Virginia in
the County of the Illinois and its Dependencies etc.
Sir:
In the deplorable situation in which we find ourselves at present
we are deputing to you the person of M. Charles Gratiot, one of
our citizens, to set before you our distress and the misery to
which the savage nations from all sides are reducing us. We are
on the eve of being attacked in our village by considerable parties
of savages and will not be able to work at the cultivation of our
fields, if we do not have prompt succor.^ That is why we take
the liberty of addressing ourselves to you on account of the confi-
dence and hope which we have in your benevolence and affection,
which you have always shown us; but what afflicts us the most
is this, that in case you send us many men, we should not have
the provisions which would be necessary for them. M. Gartiot
can easily inform you of the capacity of our village and we have
charged him to confer with you for this purpose; for we have placed
all our confidence therein and that you will only work hand and
hand with us to procure us peace and repose and we will not cease
making prayers to Heaven for your preservation and prosperity.
We have the honor of being, sir, your very humble and devoted
servants. In the name of the citizens of Cahokia, the eleventh of
April, 1780.
[Signed] Antoine Girardin. F. Trottier.
Mark + of Beaulieu.
Pierre Martin J. B. Saucier.
J. B. H. LaCroix.
2 The attack was made on Cahokia and St. Louis on May 26th. The British had expected
to surprise the inhabitants of the two villages. This shows that they were warned over a
month before the attack. The most important documents giving the history of the attack
have been pubhshed in the Missouri Hist. Soc. Collections, ii., No. 6, pp. 41 et seq. See also
this volume, p. 539.
532 ILLINOIS •HISTORICAL COLLECTIONS
Petition of Cadien Lausage, July 6, 1780.
A L'Honorable Cour du District des Cahoskias
Messieurs :
Cadien Lausage a I'honneur de vous representer tr^s respec-
tueusement qu'ayant laisse en depot I'autonne dern^'^ une Cara-
bine chez Veuve Germain Jaquet pour trois Cent livres de farrine
que le Suppliant devoit a la ditte Dame etant sur son depart
pour les Pays d'enhaut ou ses affaires I'appeloit, qu'en outres
qu'il avoit laisse la ditte Carabine sur les pretentions qu'en avoit
forme le S^ Ch^ Gratiot disant quelle avoit ete prise a un sauvage
I'autonne dern^^ et quil avoit ordre de la retirer.
Mais quelle a ete sa surprise lorsqu'a son retour en se village
il a voulu aller payer la ditte Dame Jaquet et restirer la ditte
Carabine; elle lui a dil quelle avoit ete saisie par 1' ordre privee
de Mons^ Franc^ Trotie alors Juge de Police en faveur de Jos^
Alary pour une somme quil lui devoit le Suppliant payable a
printems, et que les dits Sieurs Trotie et Jos^ Alarry I'avoit forcee
a livrer la ditte Carabine; comme le Sertificat de la ditte Dame
ainsi que celui de son frere le Prouve.
Le Suppliant a I'honneur de vous representer a cela, dexsa-
miner attentivement cy le Sr. Fr. Trotie etait en droit en sa qual-
ite de Juge de Police de delivrer une saisie de son autorit^ privee
et sans celle de la cour, pour une somme pareille a celle la, puis-
que un Juge de Paix ne pent Juger au qu'une affaire en son par-
ticulier passe la somme de vingt cinq sheling de la Province de la
Virginie, qu'en outre la Suppliant s'ettant arrenge avec le Def-
fendeur pour payer sur le Mississipy la somme quil lui devoit,
que le deffendeur devoit charge deffun Pajet de ses Billets qui
devoit en recevoir le payement lequel etoit tout fort a lui livrer,
mais que le deffun Pajet n'ayant pas ete jus qu'a lui le Suppliant
c'est vu dans la necessity de garder le dit payement et de I'apporter
avec lui lequel il est pret a faire au Deffendeur.
■ ' Chi. Hist. Soc, Cah. Rec, original manuscript. Transcription by the editor.
2Trottier was a member of the Court at the time. I do not know whether the title of
justice of the police was given to the justice holding the Court during the week or to each justice
of the peace. Later, one member of the Court was delegated to hear causes between the
sessions and was called president of the Court and justice of the week. See supra, p. 55.
PETITION TO COURT, JULY, 1780 533
Petition of Cadien Lausage, July 6, 1780.^
To the Honorable Court of the District of Cahokia.
Sirs :
Cadien Lausage has the honor of showing you very repect-
fully that he left on deposit last autumn a rifle at the house of
Madame Germain Jaquet, widow, as pledge for three hundred
pounds of flour, which the petitioner owed the said lady, since he
was about to depart for the upper country, where his business
called him; that, furthermore, he had left the said rifle because
of the claims which M. Charles Gratiot had made to it, affirming
that it had been taken from a savage last autumn and that he had
an order to take possession of it.
But what was his surprise, when, on his return to this village,
he wished to go and pay the said Madame Jaquet and repossess
himself of the said rifle, she told him that it had been seized on the
private order of M. Francois Trottier, at that time judge of police,^
in favor of Joseph Alarie for a sum which he, the petitioner, owed
him, payable in the spring; and that the said MM. Trottier and
Joseph Alarie had compelled her to deliver up the said rifle, as the
certificate of the said lady and that of her brother prove.
The petitioner has the honor to request this of you, to examine
carefully, if M. Fr. Trottier was within his rights in issuing, in his
capacity as judge of the police, on his private authority and with-
out that of the Court, a writ of seizure for a sum like that, since a
justice of the peace of the province of Virginia by himself cannot
pass judgment in a suit for more than twenty-five shillings; and
to notice, also, that the petitioner had arranged with the defend-
ant to pay the sum, which he owes him, on the Mississippi ; that
the defendant was to have intrusted the deceased Pajet with his
notes, who was to receive the payment for them and which was
all ready for delivery to him; but that, the deceased Pajet not
having come, the petitioner saw himself under the necessity of
keeping the said payment and of carrying it with him, and this
he is ready to make to the defendant.
In consideration of this, sirs, that, since MM. Joseph Alarie and
Fr. Trottier have by their private authority, and not by that of
534 ILLINOIS toSTORICAL COLLECTIONS
Ce Considere Messieurs quil vous plaise ordonner que puisque
les S" Jos^ Alary et F" Troti^ se sont cy injustement saisie de
leurs autorite privee et sans celle de la Justice et que le S^ Jos^
Alary s'en soit servy comme il a fait, de vouloir les condamner
a payer la ditte Carabine Cent Piastres gourdes qui est le prix
quelle a coute et les condamner a tous fraix depend, Dommages
&c: tant de la procedure que dailleur et feres Droit.
aux Cahos le 6 Juillet 1780 Pr. Cadien Lausage Ch Gratiot
Inhabitants of Cahokia to De La Balme, Sept. 21, 1780.
Declaration au nom des Habitants du Village de Cahokias
aux Islinois addressee au Mons. Motin de la Balme pensionnaire
du Roi de france et Colonel fran^ois &ca &c &ce
Monsieur
Nous soussignes Habitants des Cahokias tres persuadd de
1 'elevation de vos sentiments pour nous joint a cela le Haut rang
que vous tenez dans le monde dont nous ne pouvons plus douter,
et plus encor les lustre nom de frangois que vous porte et dont
vous vous faites honneur seul nom pour lequel nous ne cessons
de soupirer de peur qu'il ne s'etaigne chez nous et pour lequel
meme nous avons toujours et^ et sommes encore prets a sacrifier
non pas nos biens seuls qui ne sont que par trop mediocres, mais
nos propres viese
Ces motiffes de Consolation et d'autres non moins legitimes
nous commande imperieusement d'avoire en votre personne une
si grande Confiance que nous vous prions unanimement de vou-
loir bien Ecouter d'une oreille favorable la declaraton que nous
osons vous presenter touchant tous les mauvais traitements que
nous avons souffert patiemmement depuis que les troupes de
Virginie sont malheureusement arrive chez nous jusqu'a present.
Non que nous veuillons entreprendre de vous ennuyer de pla-
intes innutiles qui ne serviroient a rien pour nous delivrer d'une
insuportable tirannie, n'y meme a nous avancer un bonheur
plus durable a la Venire, et que nous esperons bientot. C'est
pourquoy nous ne voulons que rapporter de la maniere la plus
^ Can. Archives, B., 184 vol. 2, p. 447, from copy.
^ For an account of the expedition of De la Balme, see Introduction, pp. Ixxxix. et seq.
MEMORIAL, SEPTEMBER, 1780 535
justice, seized the rifle so unjustly and since M. Joseph Alarie has
made the use thereof that he has, it please you to condemn them
to pay for the said rifle one hundred piastres gourdes, which is the
price that it has cost, and to condemn them to pay all costs,
charges, damages etc as well for the procedure as otherwise and
you will render justice.
At Cahokia July 6, 1780. For Cadien Lausage
Charles Gratiot.
Inhabitants of Cahokia to De la Balme, September 21,
1780.1
Declaration in the name of the inhabitants of the village of
Cahokia in the Illinois, sent to M. Mottin de la Balme, pensioner
of the King of France and French Colonel etc.
Sir:—
We, the undersigned inhabitants of Cahokia, are well per-
suaded of the loftiness of your sentiments for us and of the high
rank which you hold in the world, concerning which we can no
longer doubt, and still more of the illustrious name of Frenchman
which you bear and honor, the only name for which we do not
cease to sigh for fear that it be extinguished among us and for
which we have always been and are still ready to sacrifice not only
our property, which is only too small, but our own lives. ^
These causes for consolation and for others not less legiti-
mate command us imperiously to have so great confidence in your
person that we unanimously pray you to consent to listen with
favorable ear to the declaration, which we dare to present to you,
concerning all the bad treatment which we have patiently suffered,
since the troops of Virginia unfortunately arrived in our midst
until the present moment.
We do not desire to attempt wearying you with useless com-
plaints, which would serve in no way to free us from an insupport-
able tyranny nor further for us a happiness more durable in the
future and which we hope for soon. That is why we wish only to
relate in the most simple and faithful manner the most true things,
which they (the Virginians) themselves are incapable of calling in
question.
536 ILLINOIS ^HISTORICAL COLLECTIONS
simple et la plus fidelle les choses les plus veritable sur les quelles
ils sont eux memes incapable de contester.
Ou les troupes Virginiennes etant arrives au Kaskaskias il
y a deux ans passes commandes par le Colonel S^ George Rogers
Klark, ils se sont saisi de la personne de Monsieur de Rocheblave
sans que les habitants du dit village se soient mis en devoire
de leur faire aucunes resistance, vu qu'ils se declarerent for-
mellement amateurs de la liberty pour laquelle ils ne cessoient
de se battre et encore plus constemment fidelles allies de la France
leur plus grande protectrice. II ne leurs fut done pas possible
de faire le moindre signe de vioUence au seul nom des francois
un fois prononce devant eux.
Ces Habitans enfin peu attentifs a leur propre bonheur et
n'ayant point eux memes assez d'esperience pour decouvrir leur
fourberie cachee, Sous de fausse apparence d'honetes gens n'y
point prevenir les facheuses suittes qui les menacoient ainsy que
nous et qui nont pas manquer de s'effectuer en effet se sont
rendues avec la plus grande credulite sans meme exiger de voire
aucuns Titres qui puissent nullement les eclaircire ny leur prouver
par quelle autorite le Col. Clark s'emparoit de leur village;
s'aveuglant eux memes du doux espoir de se revoir en bien peu
de temps les tres humble et fideles sujets de leur ancien et tres
puissant monarque le roix de France.
Nous avons lieu da croire que les Virginiens voyant la trop
grande Credulite des Habitants des Kaskaskias et trouvant en un
mot combien il leur etoit facille de faire le conquete d'un pays
habite par des gens si creduUe et si aise a gouverner ont sans
doutte crus a propos de depecher promptement le Capitaine
Jos^ Bowman pour venir s'emparer de notre Village, n'ayant
uniquement que trente hommes avec eux et sans estre soutenu
d'aucuns titres reconnus ny des Etats unis ny meme de I'Etat de
Virginie, ou s'il en avoit s'est epargne la pene de nous les faire
voir, ou craignant quelques facheuses suittes les voyant nos
voisins et meme maitres des Kaskaskias avons proferer de nous
rendre plutot que des nous exposer a de plus grandes risques joint
a cela les promesses rdcidiv^es qu'ils nous faisoient incessamment
MEMORIAL, SEPTEMBER, 1780 537
When the Virginia troops arrived in Kaskaskia two years ago,
commanded by Colonel George Rogers Clark, they captured the
person of M. de Rocheblave without the inhabitants of said
village attempting the duty of making any resistance to them;
because they explicitly declared themselves lovers of liberty for
which they fought incessantly, and still more constantly as faithful
allies of the French, their greatest protector. It was not, then,
possible for the Kaskaskians to make the least sign of violence
to the name of Frenchmen once pronounced before them.
These inhabitants, finally, little attentive to their own hap-
piness and not sufficiently experienced to discover the con-
cealed knavery of the Virginians under the false appearance of
honest people or to anticipate the grievous consequences which
menaced them as well as us, and which have not failed to take
effect, have surrendered themselves with the greatest credulity,
without even exacting a sight of any credentials which might
enlighten them in any way or prove to them by what authority
Colonel Clark took possession of their village, for they blinded
themselves with the sweet hope of seeing themselves again in a
short time the very humble and faithful subjects of their former
and very powerful monarch, the king of France.
We have reason to believe that the Virginians, after seeing the
very great credulity of the inhabitants of Kaskaskia and finding,
in short, how easily it was for them to ijaake the conquest of a
country inhabited by people so credulous and so easy to govern,
have undoubtedly believed it expedient to despatch immediately
Captain Joseph Bowman to come and take possession of our vil-
lage. He had only thirty men with him and was unsupported by
any recognized credentials either from the United States or even
from the State of Virginia or, if he had them, he saved himself the
trouble of showing them to us. And we, fearing some grievous
consequences in seeing them our neighbors and even masters of
Kaskaskia, have preferred to surrender rather than expose our-
selves to greater risks. There should be added to this the repeated
promises, which they continually made us, of enjoying the sweets
of liberty and its advantages and the declaration to us, under oath
538 ILLINOIS HISTORICAL COLLECTIONS
de jouire de douceurs de la liberty et de ses avantages, et nous
affirment par serment meme que la guerre entre rammerique et
la grande Bretagne ne pouvoit pas durer plus qu'une ann^e vue
que la voix seppuisoient to us les jours et ne tiroit aucune force
generallement que ce peut etre d'ailleurs, enfin les protestations
reiteres detre toujours sincere et allies fidelles et plus encore
I'esperance de nous voire un pour assujetie au joug leger de la
France. Nous ont contraint a les recevoir chez nous comme amis
croyant bien qu'ils etoient authorise du Congie Meme et non pas
qu'ils formoient un Etat particulier entre eux.
Nous voyant alors epuises et reduits a souffrir les fleaux d'une
guere contre les sujets de la grande Bretagne dont la cause et
principal point ne nous venoit que par apart aux Virginiens qui
nous avoit conquis. Nous avons crus necessaire d'en prevenir le
Colonel Clark qui etablissoit pour lors la minne de faire ou il avoit
ammene quantite de famille et Beaucoup de Trouppes.
Mais ce dernier il faut croire se voyant a charge tant de monde
sans vivres, nat point beaucoup hesite de nous envoyer pres de deux
cent hommes, aux quels il s'est joint affectant sous les apparences
d'un feau zele le plaisir qu'il avoit de nous estre de quelqu'utilit^.
Quelques jours apres son arrivee icy I'armee de nos ennemis
compose d'un assez nombreuse quantite de Sauvages cy devant
nos fidelles amis, et fort peu d'englois etant debarque partie sur
notre rive et le reste sur les terre espagnoUes s'est retires s'etant
borne a quelques tis-tis a leur lache maniere de faire la guere sans
faire un grand Carnage dans notre partie.
1 This may be the meaning, but the passage is very obscure.
2 This statement is probably true, for an attack on lUinois by the states had been
expected before the appearance of Clark. See Introduction, p. xxxv.
3 The chronology from this point on is difl&cult to understand. If it is assumed that the
narrative follows the chronological order, as from the connectives it appears to do, this attack
on St. Louis and Cahokia occurred in the fall of 1778, the retaliation on the Indians imme-
diately afterwards, and after that the troops were left in Cahokia, where they still were in 1780.
All this is impossible, for Great Britain was not at war with Spain, Montgomery had returned
to Virginia, and the troops were not in Cahokia all the time from 1778 to 1780, as the docu-
ment itself later shows. Therefore, the narrative as it stands is not chronological.
If we suppose that the writers set down each grievance as it came to their minds, new
difficulties arise. The transition to this passage is too abrupt. On page 543 the writers men-
tion Captain McCarty and add, "of whom we have spoken before," although it is the first
time his name appears. On page 549, near the end of the memorial, the writers declare that
they will now narrate a detailed account of the treatment they have received from the
Virginians, and begin with number i; but that detailed account had already been given.
From these chronological and other inconsistencies, it is evident that the pages of the
original memorial had become misplaced before any copy of them was made, and subsequent
MEMORIAL, SEPTEMBER, 1780 539
even, that the war between America and Great Britain could
not last longer than a year, seeing that public opinion was being
wearied every day and that no conclusion was generally drawn
that it would be otherwise;^ and finally the reiterated protesta-
tions that they were always sincere and allied friends ; and further-
more the hope of seeing ourselves again subjected to the light
yoke of France. Therefore we were constrained to receive them
among us as friends, believing indeed that they were authorized
by Congress itself and not that they represented a particular
state. 2
Seeing ourselves exhausted and reduced to sufifer the scourge
of a war against the subjects of Great Britain, the cause and prin-
cipal point of which reached us only from the side of the' Virgin-
ians who had conquered us, we have believed it necessary to in-
form Colonel Clark thereof, who was establishing at that time
the Iron Banks where he had brought numerous families and
many troops.^
But this latter, it must be believed, seeing himself in charge
of so great a number without supplies, has not hesitated long
to send us almost two hundred men, to whom he joined himself,
affecting under the appearance of a false zeal, the pleasure which
he had in being of some utility to us.
Some days after his arrival here, the army of our enemy, com-
posed of a sufficiently large number of savages, herebefore our
faithful friends, and of very few English, having disembarked,
copies have perpetuated the eiTor. That this is true may be easily proved by transposing this
passage, including the paragraphs through the one beginning with "On the return from this
last ill success", with the passage on page 547 beginning with "We believed also that there",
and including the paragraphs through the one wliich begins with "A heifer, about two years
old", when all difficulties of chronology and interpretation disappear.
Such memorials as these, of which I have seen several, were v/ritten on folios placed
together, but unsewed, and folded once. In this case there must have been four folios, making,
when folded, sixteen pages. The first four pages were in correct order when copied, but with
the paragraphs which would fall on the pages 5 and 6 the difficulties begin; then there fol-
low four pages of narrative without inconsistencies, and on what would be pages 11 and 12
further difficulties occur. These pages of the memorial, i. e., 5, 6, 11, and 12, were written on
the same folio. V/hat has happened is this: one of the first readers of the memorial has
folded the folio backwards, so that pages 11 and 12 replaced pages 5 and 6. This was not
noticed by the copyist, because the pages of the memorial were not numbered and because
each sheet began and ended with a paragraph.
With this change, the paragraph under consideration is easily explained. The "en"
refers to the expected attack by the British and Indians in 1780; the ''mine de faire" should
read mine de fer, which means the Iron Banks south of the mouth of the Ohio, where Clark
was building Fort Jefferson. See letter from the Cahokians to Clark, asking for his
assistance, p. 531.
540 ILLINOIS HISTORICAL COLLECTIONS
Oh! le CoL Clark affectant toujours de vouloir notre bien pub-
lique sous pret ex de nous Vanger forma aussitot avec nous et
conjointement aux Espagnoles un partis de plus trois cents
hommes pour aller ravager dans leur propre village les Sauvages
qui etoient venus nous harceller chez nous ayant substitue en Sa
place Col. Montgommery pour nous commander et aussitost il
nous a laiss^.
II est done bon Monsieur de vous exposer que les Virginiens
n'ayant jamais eu aucunne principe d'economie ont ^te cause par
leur peu d'arrangement et mauvaise conduitte na point reussi et
que notre glorieux pro jets se sons trouves par leur faute evannoui^,
les Sauvages ayant abandonn^ leurs Villages les plus proches ou
nous avons ete nous nous sommes vus force a relacher et ne pas
pousser routte plus loin n'ayant plus presque de vivres ny de poudre
ny balle ce qu'ils s'etoient charge de nous fournir eux memes.
I'un des plus grand sujet pour lequel se plaignent tous les jeunes
gens qui ne veulent plus entendre parler de les suivres en quelques
lieux que se puisse etre.
, Au retour de cette derniere Cacade le Colonel Montgommery
nous a propose de garder les troupes que nous souhaitterons pour
la surete de notre Village, deignez aussi rappeller que nous ne
croyons point qu'il nous faisoit cette offre par un Veritable effet
de son zele qu'il nous vouloit montrer mais parcequ'il s'en voyoit luy
meme embarasse. nous avons cru necessaire de garder avec nous
cent hommes que nous nous sommes oblige de nourir chez nous
et comme nous meme lesquels sont encore chez nous les uns
malades et les autres en santees qui ne nous sont qu'a charge et
qui dans un tems aussi critique que celuy ou nous sommes a present
ne daigne point seulement faire la moindre guarde puisqu'ils man-
quent done totallement leurs engagements nous ne nous croyons
plus oblige au soutiens d'un Trouppe qui nous infecte et nous
ruine en ne nous payant point ce que nous leurs avons jusqu'a ce
jour avance qu'avec un monnoye dont nous ne pouvons rien
* Expedition to the Rock River vinder the command of Montgomery, while Clark hurried
south to intercept another army of the enemy on its way to Kentucky. — Va. State Papers, iii,
441. Captain Rogers also says that the Spaniards joined Montgomery for the expedition to
the Rock liver.— Dr. MSS., 28 J3.
MEMORIAL, SEPTEMBER, 1780 541
part on our bank and the remainder on Spanish land, withdrew,
having limited themselves to some " tis-tis'^ in their slack man-
ner of making war without causing a great carnage in our
country.
Oh! Colonel Clark, affecting always to desire our public wel-
fare and under pretext of avenging us, soon formed with us and
conjointly with the Spaniards a party of more than three hundred
men to go and attack in their own village the savages who had
come to our homes to harass us, and after substituting Colonel
Montgomery to command us in his place, he soon left us.
It is, then, well to explain to you, sir, that the Virginians, who
never employed any principle of economy, have been the cause,
by their lack of management and bad conduct, of the non-success
of the expedition and that our glorious projects have failed
through their fault; for the savages abandoned their nearest vil-
lages, where we have been, and we were forced to stop and not
push on further, since we had almost no more provisions, powder
and balls, which the Virginians had undertaken to furnish us.^
This is one of the greatest subjects about which all the young
men complain and they no longer wish to hear talk of following
the Virginians to any place whatsoever.
On the return from this last ill success, Colonel Montgomery
proposed that we keep the troops which we wished for the safety
of our village. Deign also to recall that we do not believe that he
made this offer from a true effect of his zeal, which he wished
to show us; but because he saw himself embarassed. We be-
lieved it necessary to keep with us a hundred men, whom we are
obliged to support at our homes, and like ourselves they are still
with us, some sick and others v/ell; and they are only a charge to
us and at a time so critical as this present, they do not deign to
do the least guard duty. Since, therefore, they fail totally in
their engagements, we do not believe ourselves bound to the sup-
port of a body of troops, that infect and ruin us by not paying
for what we have up to this day advanced to them except with
a money with which we can buy nothing; for property infinitely
more considerable than ours would be weakened very quickly and
542 ILLINOIS •HISTORICAL COLLECTIONS
avoire des biens infiniement plus considerable que les notre,
s'alterroient bien vitre et s'eppuiseroient enfin si comme nous ils
s'avanceroient toujours et ne recevoient rien.
Joint a cela encor nous avons I'honneur de vous observer qu'il
est arrive ici dernierement que le Capitaine Hallars logant dans ce
village, s'est adonner a entrer dans la maison d'un Habitant de ce
Village, ou etoit loge un Soldat de sa compagnie lequel s'est plaint
dela mauvaise nourriture bien qu'il fut a la table de son haute
homme charge d'une nombreuse famille, et qui n'a qu'un
bien tres mediocre enfin le Capitaine prenant un ton imperieux
dit qu'il pretendoit que les soldats fussent bien traitte et qu'il
lui ordonnoit de tuer ses poulles jusqu'a la derniere, et qu'apres
il le forcheroient d'acheter ailleurs a prix d'argent n'ayant pas
lui meme assez de raison ou n'en vouloit point avoire ny croire
qu'il ne tendoient tous qu'a la ruine et insuportable captivite de
tons les Habitants.
En outre le major Rich*^ Mc Carty dont nous avons deja parle
mecontent disoit il du mauvais procede des Habitants a leurs
egards; auroit souhaitter Commander en chef ce village afin de
faire prendre une partie des principaux Habitants dicy pour les
mettre au fers et les envoyer ainsy gainer dans la Virginie n'etant
pas encor rapase de la vaine et trop grande credulite avec laquelle
il nous ont jusqu'icy abus^.
II nous plaira aussy croire que dernierement Major William
ayant envoye chez Monsieur gagne habitant de ce lieux un soldat
avec un ordre pour y loger. Cet homme qui depuis un assez long
espace de temps avoit eu I'importunite jusqu'au nombre de quatre
a la fois et qui en avoit encor un dans le-meme moment ne se croy-
ant point oblige de prendre ce dernier par plusieurs fois re-
cidivez le renvoye parrer son ordre refusant constemment de le
recevoire Le Major William meme s'emportant en une furieuse
CoUer s'est munis de deux bon pistolets avec resolution de le luy
faire revoire son soldat par la force, en ayant rencontre en chemin
ledit gagne il luy a applique un de ses pistolets sous la gorge le
menafant bien fort de luy flamber le tette s'il ne vouloit incon-
tinent obeir a son ordre et loger son soldat.
MEMORIAL, SEPTEMBER, 1780 543
finally exhausted, if like us, the owners were always making ad-
vances and receiving nothing in return.
Joined to this also, we have the honor to inform you of ".-hat
happened here recently. Captain Hallars [Kellar?] happened
to enter into the house of an inhabitant of this village where was
lodged a soldier of his company, who complained of the bad food,
although he was at the table of a host intrusted with a numerous
family who has only a very small property. Finally the captain,
assuming an imperious tone, said that he meant that the soldiers
should be well treated and he ordered the man to kill his
fowls up to the last one, and afterwards compelled him to buy
elsewhere at the money price, because he did not have or did
not wish to have sufficient reason for believing that they
were reducing to ruin and insupportable captivity all the inhabi-
tants.
Furthermore, Major Richard McCarty, of whom we have
already spoken, discontented, he said, with the bad behavior
of the inhabitants towards them, had wished to be chief com-
mander of this village in order to have arrested a part of the
principal inhabitants thereof so that he might put them in irons
and send them, thus caught, to Virginia, since he is not satiated
with the vain and too great credulity by means of which they
have until now deceived us.
It will please you also to consider that lately Major William
sent to the house of M. Gagne, an inhabitant of this place, a
soldier with an order to lodge there. This man, who for a suffi-
ciently long time had had the vexation of as many as four at a time
and who had one of them still at the very time, did not believe
himself obliged to take this last, and several times sent him back
to get rid of his order, and refused constantly to receive him.
Major William himself, flying into a furious passion, armed
himself with two good pistols in the determination to force him
to receive his soldier; and having met on the way the said Gagn^,
he placed one of his pistols at his neck and threatened fiercely
to blow off his head, if he did not agree immediately to obey his
order and lodge his soldier.
544 ILLINOIS mSTORICAL COLLECTIONS
Dernierement aussi le meme Major William ayant envoyd
chez un nomm^ lefebre forgeron pour emprunter quelques Bouteil-
les de taffia Ce dernier luy a fait repondre que n'etant point maitre
puisqu'il le debitoit pour un autre qui le payoit poiu: ses peinnes
il ne luy etoit point possible de prendre sur luy et qu'il dtoit pret
a luy en ceder cent pots s'il le souhaittoit moyennant qu'il donne-
roit de 1 'argent comptant aussitot et sans attendre d'avantage le
Major envoya un officier ou sergent accompagne par six soldats
avec ordre de saisir tous les taffias que le dit lefevre pouvoit avoire
et ce sans doutte au profit des Etats de Virginie, mais ce dernier
leur ayant montre le lieux ou ses Brissons etoient referme ils
n'ont point os^ faire fraction et en a et^ aquitte au moyen d'un
cruche qu'il a ete oblige de leurs donner.
Pour mieux vous faire Connoitre le peu d'indulgence qu'ils
avoient pour nous le peu de soins qu'ils prennoient de s'attirer nos
coeurs et meme davantage leur impitoyable genre de gouverner
un peuple sur lequel ils voyoient avoire pris trop d'avantage, ils
sont exige de expressement et nous ont force de leur fournir une
quantite considerable de farinne pour mettre en Magazin et pour
les Besoins de I'Etat, Voulant disoient ils faire une expedition pour
notre salut generalle sans nous dire formellement ny ou ils vouloient
aller ny ce qu'ils vouloient faire.
oh! comme nous n'avons pas tout a fait paru dispose a consentir
trop aveuglement a leur requisition ils ont des ce moment voulu
opprimer la force par la force, et Sans plus tarder au envoya un de
leurs officiers un sergent suivie de quelques soldats pour faire la
visite dans tous les moulins de ce village afin de combiner par eux
memes selon les farennes qu'ils y trouveroient Et qu'ils en pour-
roient prendre pour eux cette guarde conduitte par leurs mauvais
princippes ont ose forcer les portes qui se sont trouve ferme
menacent meme de donner de leurs Carabines ceux qui seroient
assez hardis de s'opposer a leur infame violence osait de plus
imprimer Sur les portes de chaque moulin I'etampe de I'Etat de
Virginie comme luy appartenant. Entre ceux qui ont des moulins
1 After the return from the Rock River expedition Major Williams was left in command
of the troops at Cahokia, superseding McCarty. — English, Conquest of the Northwest, ii., 790.
MEMORIAL, SEPTEMBER, 1780 545
Lately also, the same Major William,^ having sent to the house
of a man named Lefevre, blacksmith, to borrow some bottles of
tafia, this latter answered that he was not the owner, since he
sold them at retail for another who paid him for his trouble, and
that it was not possible to assume the responsibility and that he
was ready to give him a hundred jugs thereof, if he wished to pay
cash. Immediately and without waiting longer, the major sent an
officer or sergent accompanied by six soldiers with an order to
seize all the tafia which the said Lefevre might have; and this
without doubt to the profit of the estates of Virginia; but after
this last had shown the place where his liquor was locked up,
they did not dare to break in and he has been freed from them
by paying a jugfull which he was obliged to give them.
In order that you may better understand the little indulgence
which they have for us and the little care they take to win our
affections and even more their pitiless manner of governing a
people, over whom they see they have taken such an advantage,
we tell you that they exacted expressly, and have compelled us
to furnish, a considerable quantity of flour to put in their store-
house for the needs of the state, since they wished, they
said, to make an expedition for our general welfare, without
telling us explicitly where they intended to go or what they wished
to do.
Oh! As we have not appeared wholly disposed to consent too
blindly to their requisition, they have from that moment deter-
mined to put down force by force ; and without further delay they
sent one of their officers, a sergent followed by some soldiers, to
search all the mills of this village in order to make collections on
their own account, according to the amount of the flour which
they found there and which they could take for themselves. This
guard, governed by their evil principles, dared to break the doors,
which were locked, and they threatened with their rifles those who
were bold enough to make opposition to their infamous violence;
and they dared further to mark on the doors of each mill the stamp
of the State of Virginia, as a sign that it belonged thereto. Among
those who had mills, there was only M. Beaulieu, one of the cap-
546 ILLINOIS HISTORICAL COLLECTIONS
il ne s'est trouvd que M. Beaulieu I'un des Capitaines de milice
d'icy qui s'y est expose furieusement et contre lequel ils n'ont point
ose exercer leur cruelle tiranie. II nous reste encore a savoir si la
crainte ou la honte les a Retenus.
Nous voyant done ainsy Molest^ par nos fidelles allies au moins
qui osoient se servir de ce titre pretendu nous avons soUicitd afin
que les soldats fussent dispense dans chaqu'une de nos maisons
esperant par la estre moins Captive et pouvoir mieux conserver
nos Bestiaux preferant a notre malheureux sort, la jaine d'avoire
chez soye une troupe de Brigans qui loin de nous estre de quelqu'
utilitd nous sont insuportables et pour les pensions desquels nous
sommes forces a tenir des billets de logement en payement sans
nul espoir d'en estre jamais pay^.
Nous ne vous dirons point par quel heureux destin nous nous en
ommes trouves debarasse. Nous scavons seulement que par un
bonheur imprevu ils ont ^te rapell^ aux Kaskaskias pour passer
leur quartier d'Hyver. Ce qui nous a procure une grande tran-
uilitte jusqu'a ce printems dernier ou ayant ete menace d'une arm^e
considerable qui se formoit de la part des royalistes pour venir
nous combattre et tacher moyen d'achever notre ruinne tres per-
suade qu'elle etoit avancee a un grand point.
Nous crumes done apres n'avoire rien a craindre en commercant
avec eux nos Marchandises denrees meme nos animaux de toute
espece pour leur argent qu'ils nous en asseure bonnes et qui n'at
aucuns cours en ce pays pas meme entre eux ils nous ont aussy
charge d'un nombre immense de lettres de change sur le tresorie
de Virginie dont nous ne pouvons rien faire et dont nous sommes
infectes jusqu'a present et ce apres nous avoir fidellement promis
que ces papiers nous seroient paye en or ou bonnes marchandises
a grand prix que nous pouvons commercer et gagner considera-
blement.
Non contents encor de nous avoire epuisd et ruin^ en nous
prenant generallement tout nos denrees et animaux sans nous les
payer ne voulant pas meme nous permettre d'en transporter
sur une autre rive pour en tirer de quoy nous retire ils menacent
1 Winter of 17 79- 1780.
MEMORIAL, SEPTEMBER, 1780 547
tains of militia of this place, who exposed himself to their violence
with fury and against whom they have not dared to exercise their
cruel tyranny. We are still doubtful whether fear or shame
restrained them.
Seeing ourselves thus troubled by our faithful allies, at least
by those who dared to make use of this pretended title, we have
petitioned that the soldiers should be billeted in each of our
houses, since we hoped thereby to be less held captive and to be
better able to preserve our animals, preferring in our unhappy
lot the inconvenience of having at our houses a troop of brig-
ands, who, far from being of any use to us, are insupportable
and for whose board we are obliged to take in payment notes
for lodgment without any hope of being ever paid.
We shall not tell you by what lucky fate we were freed from
them. We know only that by an unforeseen good fortune they
were recalled to Kaskaskia to pass their winter quarters,^ which
procured for us a great peace until last spring, when we were
menaced by a considerable army which was formed by the roy-
alists to come to attack us and attempt means of achieving our
ruin, being persuaded that it had reached its height.
We believed, also, that there was nothing to fear in trading
our merchandise, commodities and even our animals of all kinds
with the Virginians for their money, which they assured us was
good, and which had no currency in this country even among
themselves. They have also loaded us with an immense number
of letters of exchange on the treasury of Virginia, with which
we could do nothing and with which we are infected up to the
present ; and this after having faithfully promised us that these
would be paid in gold or good merchandise at a good price, with
which we could trade and make a considerable gain.
Not content, however, with having exhausted and ruined us
by taking from us generally all our commodities and animals
without paying for them and not wishing to permit us to export
any to the other bank, that we might obtain therefrom wherewith
to recover from our difficulties [?], they threatened with cruel
punishments those who should do so without their consent, if
548 ILLINOIS HISTORICAL COLLECTIONS
de cruelles punitions ceux qui le pouvoient faire sans leur delibera-
tion, s'il y etoit surpris et souvant se sentant fort, par la facillitd
avec laquelle ils nous ont toujours gouverne jusqu'a present qu'ils
font plus qu'a menacer parcequ'ils en viennent a des faits.
C'est a ce moment Mons: que nous entreprenons de vous
faire le plus brievement que nous pouvons le detaille des insup-
ortables manieres d'agire des Trouppes de Virginie a notre Egard,
nous qu'ils ne la soit de traiter d'amis et allies fidelles, ils ont droit
en quelque sorte parcequ'ils ne trouveroient point ailleur d'amis
si bons ny si doux pour eux.
I. Nous commenfons done par vous rapporter icy que le Capi-
taine Rich^ McCarty ayant ete renvoye icy I'annee derniere (apres
I'expedition marquee du Detroit) pour y resider en qualite de
Commandant est arrive avec une petite garnison dp quarante
Hommes au plus qui se sont loge dans une maison cise en ce
Village assez propre et spacieuse pour y loger commodement un
certain nombre de soldats (nous voyant dans I'impossibilit^ de
faire autrement)nous nous sommes memes oblige tous unanimement
de leur procurer une quantite suffisante de farinne Mays et Viandes
pour leurs substance qu'ils n'ont pas sans doutte trouve suffisante
puisque les soldats ne se gennoient point pour tuer (meme devant
nous) nos pourceaux et autres animaux sans que leurs Capi-
taines ou officiers s'empresassent a' y mettre ordre quelques
representations qu'on leurs fisse.
Probablement un Boeuf de Charue qu'ils ont tue sur la place
devant le fort appartenant a un homme pierre Roux que le Cappi-
taine du detachement a paye mais le tort n'a pas ete moins grand
pour un pauvre Homme a qu'il n'etoit pas possible d'en ra voire
un autre pareille.
Une tor d'environ deux ans qu'ils ont tue a Monsieur Trotier
qu'il luy ont paye avec un bon encore a estre paye.
Enfin plusieurs motiffs aussy sencible qu'ils seroit innutile de
decrire dans cette narration croyant ce que nous avons rapportes
suffisant pour faire voire la justice de ce que nous avons I'honneur
de vous observer Monsieur et qui vous font assi voire que les Vir-
ginniens n'ont jamais eu d'autre butte que celuy de nous opprimer
MEMORIAL, SEPTEMBER, 1780 549
they should be caught; and often feehng themselves strong on
account of the ease with which they have always governed us
up to the present, they are doing more than threatening, because
they come to deeds.
It is now, sir, that we undertake to make for you as briefly
as possible the detailed account of the insupportable manner the
troops of Virginia have acted towards us, us whom they were to
treat as friends and faithful allies; and they are right in a way
because they would not find elsewhere friends so good and so
gentle to them.
I. We begin then by reporting to you here that Captain
Richard McCarty, having been sent here last year (after the
failure of the Detroit expedition) to take up his residence as
commandant, arrived with a little garrison of forty men or
more, who have been lodged in a house situated in this village
sufficiently proper and spacious to lodge there easily a certain
number of soldiers. Since we saw the impossibility of doing
otherwise, we unanimously bound ourselves to procure for them
a sufficient quantity of flour, corn and meat for their subsist-
ence, which they have not found suflScient undoubtedly, since
the soldiers made no . ceremonies about killing, before our eyes
even, our pigs and other animals, without their captains and
officers bestirring themselves to provide therefor, when repre-
sentations were made to them.
There was a plough-ox belonging to a man named Pierre
Roux,- which they killed on the square before the fort for which
the captain of the detachment paid; but the wrong was not less
great to a poor man since it was impossible to get another
like it.
A heifer, about two years old, belonging to M. Trottier, which
they killed, and for which they settled with a bon still to be paid.
Finally several counts as obvious as they would be useless
to describe in this narrative, for we believe that what we have
reported sufficient to make you see the justice of what we have
the honor to call to your attention, sir, and which cause us, also,
to see that the Virginians have never had other end than that of
S50 ILLINOIS HISTORICAL COLLECTIONS
Changeant eux memes en la plus insuportable Captivity Pespoir
dont il nous avoit flatt^ en entrans sur nos terres de jouir comme
eux memes des douceurs de la plus paisible possession de nos
bien et d'une entiere liberty et qu'ils veulent a present nous ravir.
C'est ce que nous sommes tons Capable de soutenir par les
serments les plus inviolable et pourquoy nous avons en faire
signe pour donner force aux presentes.
Mais nous ne devons nullement doutter que le voix de france
le plus grand de tous les potentas S'ignore tr^s certainement la
triste et deplorable cituation ou sont a present reduits ses tres
fideles et bien aim^s sujets Canadiens et Creole, par la trop
grande Credulite que nous avons eu en la fourberie des Trouppes
Virginiennes et que nous avons crus ses fidelles allies credulity
si funeste pour nous et dont nous ne sommes des abuse que depuis
que vous nous avez fait I'honneur de nous aider de vos sages et
tres puissant Conseils.
Pouvons nous croire que notre genereux et tres bon pere le
roix de france nous abandonnoit aussy a notre malheureux Sort
s'il pouvoit une fois connoitre les fonds de nos coeurs, que nous
sommes prets a luy sacrifier nous nous devons croire qu'il penseroit
plus avantageusement de nous et ne trouveroit de vray bonheur
pour luy qu'en nous procurant a I'avenir un bonheur infinie en
nous reprenant sous sa protection et nous declarant ses bien aimds
sujets Esperons cheres compatriottes qu'une fois persuade et
certain de notre fidellites de coeur que non seulement il nous
reconnoitra pour ses fidelles enfants et nous fournira tous les
moyens et secour necessaires avec lesquels nous pouvons secouer
le fardeau pesant qui nous ^crassent et soutenu par un tel mon-
arque quelle puissance a I'avenir osera entreprendre de nous
subjuguer.
C'est done Monsieur avec toutte I'affection et zele que nous
vous promettons que vous voudrez bien vous interesser a nos
maleurs et parler en notre faveur fasse le ciel que par votre inter-
ception nous puisions parvenir un jour a ce que nous aspirons qui
n'est autre chose que le bonheur et nous revoir tous francois.
Nous n'avons autre chose a vous offrir en otage que la plus grande
MEMORIAL, SEPTEMBER, 1780 551
oppressing us by changing into the most insupportable cap-
tivity the hope, with which they had flattered us on entering
on our lands, of enjoying, like themselves, the sweetness of the
most peaceable possession of our goods and of a complete liberty,
of which they wish now to rob us.
This is what we are all capable of afiirming by the most
inviolable oaths and why we have caused this to be signed in
order to give strength to these presents.
But we ought in no way to doubt that the public opinion of
France, the grandest of all povv-ers, is very certainly unacquainted
with the sad and deplorable situation to which her most faithful
and well-loved subjects, Canadians and Creoles, are at present
reduced by the too great credulity, which we have had, in the
knavery of the Virginian troops and whom we have believed her
faithful allies; a credulity so fatal for us and of which we have
been disabused since you haye made us the honor of aiding us
with your wise and very powerful counsels.
Can we believe that our generous and very good father, the
King of France, would abandon us so to our unhappy lot, if he
could once know that in the depths of our hearts we are ready to
sacrifice ourselves; we must believe that he would think more
highly of us and would find true happiness for himself only in
procuring for us in the future an infinite happiness by retaking us
under his protection and declaring us his well-loved subjects. We
hope, dear compatriots, that once persuaded and certain of our
fidelity of heart, that not only he will recognize us as his faithful
children and will furnish us all the necessary means and succor
with which we can shake off the heavy burden, which is crushing
us. And supported by such a monarch, what power in the future
will dare to undertake to subjugate us!
It is then, sir, with all the affection and zeal, which we prom-
ise you, that we ask you to be willing to interest yourself in our
grievances and speak in our favour. May the Heavens bring it
about that by your intervention we may be able to attain that to
which we aspire, which is nothing else than the happiness of
seeing ourselves again all French. We have nothing to offer you
552 ILLINOIS HISTORICAL COLLECTIONS
fidellit6 de coeur avec laquelle nous ne cesserons d'estre eter-
nellement avec un tr^s profond perspect.
Monsieur
Votre Humbles et obiessants serv''
Aux Cahos 21 Sept. 1780
Sign^ F. Trottier — Philipe Gervay — A. Harmand — Le-
page — B. Saucier — F. Saucier — Langlois — Chabot — J
B Dube — DuCharme — Gabriel Constant — Fr. Courier — J
G Mercier les Personnes qui ont signe cy dessus I'ont fait au
nom de tous les Habitants.
Endorsed: Declaration des Habitants du Cahokias a Mons:
le Colonel Balme du Cahos 21 Sept. 1780.
recu le 4°^^ Dec^ 1780.
LiNCTOT TO G. R. Clark, July 31, 1781.
Monsieur
Toujours retenu aux Illinois par Maladie, J'attend avec im-
patience le moment ou ma Sante pourra me permettre d'aller
vous rejoindre et rendre un Compte exacte de ma mission et
de mon Sejour en ces endroits.
Un nomme Clairmon depute avec Six autres particuliers par le
Commandant de Michilimakinac est arrive a S*. Louis charge
d'une Lettre adressee au habitans des Cahos pour les exciter a
les recevoir et a se tenir sur la deffencive contre les Espagnols;
Monsieur Don Francois Cruzat Lieutenant Colonel et Leiutenant
Gouverneur a S* Louis, apres des recherches exactes au Sujet de
Ces envoyes quil a fait arreter en arrivant et S'etant informe de
la Lettre mentionne cy dessus S'en est empare, et s'est ensuitte
comporte dans cette affaire comme un homme entierement voue au
Service des Puissances Unies : Ne reconnoissant point de Maitres
absolus aux Cahos que les Ameriquains Vainqueurs de cette
partie, il n'apas cru devoir rendre compte a d'autres qu'au Major
Williams Ameriquain et employe pour les Etats dautant que cette
affaire lui a paru purement Militaire, en consequence apres lui
1 Dr. MSS., 51J75, original manuscript.
2 See pp. 95, 555, 559. As is pointed out in the Introduction, p. cv., there is reason to
believe that the Spanish commandant did not act in as good faith as tins letter and the following
LINCTOT TO CLARK, JULY, 1781 553
in hostage except the greatest fidelity of heart which we shall never
cease having. With a very profound respect
Sir
your humble and obedient servants
At Cahokia September 21, 1780.
Signed:
F. Trottier, Philippe Gervais, A. Harmand, Lepage, B. Saucier,
F. Saucier, Langlois, Chabot, J. B. Diibe, DuCharme, Gabriel
Constant, Fr. Courier, J. G. Mercier. The persons who have
signed hereabove have done so in the name of all the inhabitants.
Endorsed: Declaration of the Inhabitants of Cahokia to M.
Colonel Balme. Cahokia September 21, 1780.
Received December 4, 1780.
LmcTOT TO G. R. Clark, July 31, 1781.^
Sir:
Still detained in the Illinois by sickness, I am waiting with
impatience the moment when my health will permit me to rejoin
you and render a detailed account of my mission and of my so-
journ in these parts.
A man named Clairmont, deputed with six other individuals by
the commandant of Michillimackinac, has arrived at St. Louis,
intrusted with a letter addressed to the inhabitants of Cahokia in
order to move them to receive the messengers and to hold them-
selves on the defensive against the Spaniards.^ Don Francois
Cruzat, lieutenant colonel and lieutenant governor at St. Louis,
after a minute examination in regard to these envoys, whom he
caused to be arrested upon their arrival, and after being informed
of the letter mentioned above, has taken possession thereof, and
has, thereafter, acted in this affair as a man entirely devoted to the
service of the united powers. Since he recognized as absolute
masters at Cahokia only the Americans, conquerors of this region,
he did not believe that it was his duty to render account to any
one except Major Williams, an American and in the employ of the
states, in as much as this affair appeared to him purely military.
one would make it appear. It seems almost incredible that both Linctot and Gratiot should
be ignorant that, at the time they were writing, two of the British agents were in Cahokia by
permission of the Spanish commandant.
554 ILLINOIS HISTORICAL COLLECTIONS
avoir fait part de toutes Ses decouvertes il lui a envoy^ copie
exacte de la Susditte Lettre: cette conduitte pnidente de la part
de Monsieur De Cruzat na pas laiss6 d'occasionner des rumeurs,
des propos indiscrets et dexciter une jalousie outr^e dans plusieurs
particuliers tant aux Cahos qu'au Kaskaskias qui tous en parti-
culier pretendent etre absolus et les Seuls a qui Ion doive rendre
compte. Comme ceci pourroit occasionner de la mesintelligence
et querelle entre les deux parties, il seroit bon d'etablir en Ces
endroits un Maitre et Savoir a qui se communiquer en affair d'
Importance Sans etre oblig^ de Se commuiquer a une populace
ignorante, emportee, indiscrette, et Souvent partagee dans ses
opignons.
Par un expr^s nous venons d'apprendre que le Florida a ete
prise par les Espanols. Monsieur De Galves, Gouverneur de
la Nouvelle Orlean et qui Merite tous les dloges possibles par
I'activite, intelligence et intrepidite quil a fait paroitre, S'est
empard de Pinsacola apres lo jours de tranchee ouverte, Je vous
envoye le detail de cette prise tel qu'on la envoye a M^ De Cruzat
Commandant en ce Poste Les Natchez apres avoir ete pris par
le Meme Monsieur De Galvez en Son absence Se Sont revolt^ et
pris les Armes contre les Espagnols quils en ont chasse ou fait
prisonnier. Monsieur De Miro occupant la second rang a la
Nouvelle Orlean les a reconquis de nouveaux. On ne Sait ce
qui arrivera a M^ Bleomar auteur de cette Revoke et D'autres.
En attendant le plaisir de vous voir permett^s moi de souhait
a vos Armes tout le Succes possible et de me dire avec Respect
Monsieur Votre tr^s humble & tres
Obeissant Serviteur,
S* Louis 31 Juillet 1781 Godefroy Linctot
Pour Le Service Public
Gratiot to G. R. Clark, August i, 1781.
Monsieur
Je profite de I'occasion que me procure M''. Linctot qui est
icy malade, pour vous faire part des bonnes nouvelles que nous
avons avons [sic] refue par la prise de Panjacole que Monsieur De
1 Dr. MSS., 51J77, original manuscript.
GRATIOT TO CLARK, AUGUST, 1781 555
Consequently, after having informed him of all his discoveries, he
sent an exact copy of the aforesaid letter. This prudent conduct
on the part of M. Cruzat has not failed to occasion murmurs and
indiscreet talk and to excite unreasonable jealousy in several
individuals both at Cahokia and Kaskaskia, all of whom privately
claim to be absolute and the only ones to whom account should
be rendered. Since this can cause misunderstanding and strife
between the two parties, it would be well to appoint in these parts
some one with power and knowledge to whom communications
could be made in affairs of importance, so that it would not be
necessary to make communications to a populace, ignorant, hot-
headed, indiscreet, and often divided in its opinion.
By an express we have just learned that Florida has been
captured by the Spaniards. M. de Galvez, governor of New
Orleans, who deserves all possible praise on account of the activity
intelligence and intrepidity, which he has shown, has posse^^sed
himself of Pensacola after ten days of open trenching. I am send-
ing you the detail of this capture as it is reported to M. Cruzat,
commandant of this post. The people of Natchez, after having
been taken by the same M. de Galvez, have revolted in his absence
and taken arms against the Spaniards, whom they have driven
out or made prisoners. M. Miro, who has the second rank at
New Orleans, has reconquered them. It is not known what will
be done to M. Bleomar, author of this revolt and of others.
While awaiting the pleasure of seeing you, permit me to wish
your arms all possible success and to call myself with respect,
Sir, your very humble and very obedient servant,
Godcfroy Linctot.
St. Louis, July 31, 1 781.
for the public service.
Gratiot to Clark, August i, 1781.^
Sir:
I profit by the opportunity which M. Linctot, who is sick, pro-
cures me to inform you of the good news, which we have received,
of the capture of Pensacola, which M. de Galvez has subjected to
the dominion of His Catholic Majesty. From the account which
5S6 ILLINOIS HISTORICAL COLLECTIONS
Galvez Gouverneur de la Nouvelle Orlean a Soumise a I'obeissance
de Sa Majeste Catholique, I'on peut dire par la Relation que nous
avons Refue icy que ce n'est qu'avec bien des difficultes et par une
grande intrepidite de la part de ce General, S'il a conquis cette
Ville et cette Province, ou il a eu le Malheur d'etre blessd en
enfaisant le Siege mais par bonheur fort legerement; nous navons
eu dans Tarmee de M^. De Galvez que trois cent hommes tue et
blesse, mais dans celle des Anglois cinq cent ont reste mort sur
le Champt de Bataille et treize cent fait prisonniers tons de troupes
reglee; Jespere qu'apres une prise aussi glorieuse pour les
armes d'Espagne, et le desaventage des Anglois dans toute leurs
expeditions, que bientot nous aurons une paix heureuse qui nous
prociurera I'abondance dont depuis longtems nous sommes prives.
Je ne sais cy vous aures ete informe quil y a quelques terns,
un Nomme Clairmon envoye avec Six hommes par le Command-
ant de Michilimakinac avec une Lettre adressee aux habitans
des Cahos et des Kaskaskias, par laquelle il les engagoient de
lever des Compagnies de Milice qui Seroient payee par le Roy
D'Angleterre afin de Sopposer a leurs Ennemis, Ses hommes etant
heureusement arrete a S* Louis Monsieur Don Francois Cruzat
Lieutenant Colonel et Lieutenant Gouverneur en ce Village les
a arrete, et a envoye copie de la ditte Lettre au Major Williams;
Sans cette prudence de la part de notre Commandant je ne Sais
Comment les Habitans de votre rive en auroient agi, vous Saves
ce qu'est un peuple sans chef et ou tout particuliers ce croit en
droit d'agir en toute liberte et Selon Sa volonte, Je Sais Seulement
qu'il y en a plusieurs qui ont temoigne du mecontentement de ce
que M^ Cruzat ne leur remettoit pas une Lettre qui leurs avoient
ete adressee, mais toute personnes qui pencerons un peu juste ne
pourrons que Ten louer d'en avoir agi de la Sorte.
Depuis votre depart des Cahos I'annee derniere il m'est arrive
bien des evenemens, vous saures qu'a present ja Suis resident a
S*. Louis n'ayant pu reste plus longtems dans un village ou il reg-
noit cy peu d'union par la liberte efrenee qui y regnoit alors, je me
reserve a la premiere entrevue a vous conter tous les desagremens
que jy ai essuie, de plus depuis quelques tems jai ete taxce par trois
GRATIOT TO CLARK, AUGUST, 1781 557
we have received here, it can be said it is only with much difficulty
and by great bravery on the part of this general that he has con-
quered this town and this province, where he has had the rpis-
fortune to be wounded, while conducting the seige, but fortunately
very lightly. We had in the army of M. de Galvez only three
hundred men wounded, but in that of the English five hundred
remained dead on the battle field and thirteen hundred were made
prisoners, all regular troops. I hope that after a capture so glori-
ous for the arms of Spain and the disadvantage of the English in
all their expeditions, that soon we shall have a favorable peace,
which will procure for us the abundance of which we have need
for so long.
I do not know if you have been informed that, some time ago, a
man, named Clairmont was sent with six men by the commandant
of Michillimackinac with a letter addressed to the inhabitants of
Cahokia and Kaskaskia, by which he invited them to raise com-
panies of militia, to be paid by the king of England, in order to
make opposition to their enemies. Fortunately these men stopped
at St. Louis and Don Francois Cruzat, lieutenant colonel and
lieutenant governor in this village, arrested them and sent copies
of the said letter to Major Williams. Without this prudence on
the part of our commandant, I do not know how the inhabitants
of your bank would have acted. You know what people are
without a head and where every individual believes himself within
his rights in acting with full liberty and according to his caprice.
I know only that there are several who have shown discontent,
because M. Cruzat did not send to them a letter which was ad-
dressed to them ; but all persons who think a little justly can only
praise him for having acted in such a manner.
Since your departure from Cahokia last year, many events have
occurred. You know that at present I am residing at St. Louis,
since I could not remain a longer time in a village where so little
unity ruled on account of the unbridled liberty which reigned
there. I am waiting for the opportunity of the first interview to
recount to you all the annoyances which I have experienced; the
more so because, some time ago, I was accused by three men of
558 ILLINOIS' HISTORICAL COLLECTIONS
hommes de traison, d'avoir envoyd Ma Berge au Secour de Nos
ennemis, je vous prie Mons'^. de vouloir bien dcrire at rendre
temoignage de ma conduitte a cette Occasion, jespere que Votre
certificat pourra retablir mon honneur attaqued et donner du pois
a ma justification. [Ms. illegible.] le retablissement de M^Linc-
tot pour avoir le plaisir de vous voir et aller faire un tour du
Cote de la Virginie.
Permettes moi de vous feliciter Sur votre avencement au
Service des Etats Unis, j'espere que I'occasion de vous Signaler
ne vous Manquerons pas, je Souhaitte que vos armes soyent vic-
torieuse contre tous vos ennemis, et que Ion vous voye par tout
avec ce courage, cette prudence et Sagesse qui ne vous a jamais
abandonee ce Sont les desirs de celui qui est avec respect Votre
tres humble Serviteur Ch Gratiot
S* Louis le I® Aoust 1781
[Addressed] A Monsieur
Monsieur George Rogers Clark Ecuer Brigadie General des
Armee des Etats Unis et Commandant en Chef du Departement
de West A la Chute
GiRARDiN TO Sinclair, November 3, 1781.
Monsieur,
Vous serez puttetre surpris du motiffe qui me fait prendre la
liberty de vous ecrire cette present Lettre puisque Je n'ai dautre
vue que de vous prevenir de ce qui se passe icy et des intentions
de la plus grande partie des Habitans de cette Rives que vous
pense veritablement ou bons ameriquains ou bons EspagnoUes
bien qu'enterieurement ils ne soient, suivant ce que je puis voir
ni lun ni lautre.
Vous en auriez et6 d6ja persuade il i a meme longtemps si les
personnes que vous aviez depute pour negocier avec vous un
Traitte de Commerce dans le Mississipy ou dependences des
1 In March, 1780, Gratiot and Pepin, protected by trading permits from the Spanish
commandant and Colonel Montgomery, started with a boatload of goods for Prairie du
Chien, at that time in possession of the British. They were associated in the enterprise
with Mr. Kay, of Michillimackinac. A few leagues above Cahokia they handed the boat
over to a man named Cardinal, who conducted it to its destination, where he and the crew
were put in prison and the boat confiscated. On escaping, three of the crew sued Gratiot
for wages, and made the above accusation against him. This v/as later withdrawn. The
statement by Cardinal is in Can. Archives, B., 97, vol. ii., p. 536. See also Dillon, Annals of
St. Louis, I., 209.
GIRARDIN TO SINCLAIR, NOVEMBER, 1781 559
treason and of having sent my barge to the succor of our enemies.
I pray you, sir, to consent to write and bear witness of my conduct
on that occasion. I hope that your certificate will be able to
re-establish my honor, which has been attacked and give weight to
my justification.' [MS. illegible] the recovery of M. Linctot to
have the pleasure of seeing you and going to make a tour of the
Virginia coast.
Permit me to congratulate you on your promotion to the service
of the United States. I hope that the opportunity to signalize
yourself will not fail you; I hope that your arms will be victorious
against all your enemies and that you may be seen everywhere
with that courage, that prudence and wisdom, which has never
failed you. These are the desires of one who is with respect
your very humble servant, Charles Gratiot.
St. Louis, August I, 1 78 1.
Addressed To M. George Rogers Clark, Esquire
Brigadier General of the army of the United
States^ and Commander in Chief of the Depart-
ment of the West. At the Falls.
GiRARDiN TO Sinclair, November 3, 1781.^
Sir:
You will be perhaps surprised at the motive which makes me
take the liberty of writing to you this present letter, since I have
no other than to inform you of what is taking place here and of the
sentiments of the majority of the inhabitants of this bank, whom
you think indeed are either good Americans or good Spaniards,
although they are not all either one or the other, as I can see.
You would have been long ago persuaded thereof, if the persons
whom you sent to negotiate with us a treaty concerning trade on
the Mississippi or in the dependencies of the Illinois [had exercised
judgment].* The treaty would certainly have been accepted,
seeing that it would procure for us the advantage of obtaining our
necessities in merchandise all and singular, for which we would
have given in payment either our peltries or commodities. But
2 A mistake. Clark held this rank in the army of Virginia.
3 Can. Archives, B., 98, p. 87, from a copy.
* See supra pp. 553 el seq.
56o ILLINOIS HISTORICAL COLLECTIONS
islenois qui certainement auroit ^t^ accept^ vue qu'il nous procur-
oit I'avantage de tirer nos besoms en Marchandise generallement
quelconque pour laquelle nous avions donne en payement soit
nos Pelleries ou Denrees. Mais souffrez que je vous dise que vos
deputes si sont trop malprise pour esper la reussite de leurs voya-
ges. Vue qu'ils ont arrete a St. Louis ou ils ne devoient pas, par
les EspagnoUes qui n'ont que de I'avarice mais tres peu de con-
noissance et naturellement ambitieux jaloux et mefiant quand il
ne le faut pas, les ont arrete sans raisons, et nous n'avons pu
les Ravoir qu'au Moyenne de bon Caution Domicilies de ce lieu
qui ont engage la meilleure partie de leur bien leurs Corps meme
pour les retirer, bien entendus qu'ils seroient garder a vue chez
nous sans en pouvoir sortir sous quelque pretexte qui se peutetre
sans le plein consentement des Commandants de Tune et I'autre
partie. lis auroient bien pu s'epagner cette Epocque qui nous
fait un tort considerable a tous sils si etoient pris comme ils 1'-
auroient pus faire, mais ayant vue moi meme que c'a n'etoit qu'un
etouderie que cette faut ne dependoit que du peut de Connoissance
qu'ils ont pour des affaires d'un telle consequence, Je me suis
charg^ du soin de Monsieur Langlois qui s'est trouve icy sans
nule resource auquel j'ai Procure au temps [autant?] qu'il a ete
en mon pouvoir le moyen de se retirer d'icy et c'est par lui-
meme que j'ai I'honeur de vous adresser cette Lettre, qui vous
informe de la bonne intentions des Habitans de ces Lieux. Je
les crois disposes pour [?] mes persuader qu'ils ne seroient pas
fache de se revoir dependant et sujet a la Domination Angloise.
Les Besoins les y force absolument, ils ne peuvent plus tenir i s
ont tous un Besoin urgent des marchandises et je pense qu'un
pavilion angloise seroit bien recue chez nous si le parti n'etoit
compris que de Blancs, sans qu'il y eut un seul sauvage avec
eux, mais s'il y en avoit je douterois fort de I'enterpirse car tout
le monde de tous les villages de ce continent sont determine
suivant les apparences a bien rendre leur vie plutot que de ce
rendre a des barbares.
Les Commercants meme ne demanderont peut etre pas mieut
qu'a tenter I'entreprise, le grand Profit qu'il pouroit faire dans la
GIRARDIN TO SINCLAIR, NOVEMBER, 1781 561
suffer me to tell you that your deputies have made too many mis-
takes to expect success from their journey ; for they stopped at St.
Louis, which they should not have done, and the Spaniards, who
have only avarice but very little knowledge and are naturally'
ambitious, jealous and defiant, when there is no need, have arrest-
ed them without cause ; and we have been able to get them back
only by means of offering bondsmen domiciled in this place, who
have engaged the better part of their property and even their bodies
to release them; and it was indeed agreed that they should be
kept in sight among us and that they could not leave here under
any pretext whatsoever without the full consent of the command-
ants of both places. They might have been able to be spared
this period which caused a considerable wrong to us all, if they
had gone at it in the way they might have done; but since I myself
saw that it was only a heedless action and that this fault was
the result of the little knowledge which they have for affairs of
such consequence, I have taken on myself the care of M. Langlois
who is here without any resources. I have procured for him,
inasmuch as he has been in my care, the means of withdrawing
from here; and it is by him that I have the honor of sending you
this letter, which will inform you of the good sentiments of the
inhabitants of these regions. I believe them so disposed that I
am persuaded that they would not be offended at seeing them-
selves again dependent and subject to the English Government.
Necessities have absolutely forced them to it ; they can no longer
hold out; they all have an urgent need of merchandise and I
think that an English flag would be well received among us, if
the party was composed only of whites without a single savage
being with it; but if there was, I would be very doubtful of
the success of the enterprise ; for everybody in all the villages
of this continent is determined, according to appearances, to
give up his life rather than to surrender to the barbarians.
The merchants indeed will demand, perhaps, nothing better
than to attempt the enterprise. The great profit which can be
made in trade could compensate them doubly for the expense.
As for myself, if you decide to make the expedition, I offer my
562 ILLINOIS HISTORICAL COLLECTIONS
commerce les pouvoit de dommager doublement de leurs fraits
pour moi si vous trouvez juste d'en faire I'expedition Je m'offre
en tout ce que je pourrais faire pour vue que je sois avertis par
quelques personnes eclaire, quel que jour avant I'arrivee des
parties ici, et j'ose me tenir fort de disposer tous les habitans a
vous recevoir librement pour vue toutte fois qu'il n'y aye point
de Sauvages mele dans votre Detachement, Je ne doutte pas
qu'on ne nous accuse de Rebelles pour avoir sans resistance souf-
fert I'entre des Ameriquains etre nous mais que pent faire un
peuple abandonne que Ton aveugle par mille beaux discours dont
nous sommes encore a voir les effets joignant a cela crainte de ne
pouvoir trop vitte abuser de notre Credulity les menaces de nous
nuire, si de bon Coeur nous ne consentions a leur faire un serment
inviolable il nous a don fallut pour nous menager la propriety
de nos biens consentir a tout ce qu'ils ont voulus. Nous ne nous
croirions de ne pas engager a rien, si nous nous relevions nous
memes d'un serment que nous avons ete oblig^ de faire.
II est bon de vous observer Monsieur qu'il i aura quelques ob-
stacles pour passer aux portes que les EspagnoUes occupe mais j'ai
lieu de croire qu'une fois entre che vous vous i trouverez tous les
besoins de bouches qui vous seront necessaire pour en faire I'-
expedition. Je ne doute pas non plus qu'il ni en aye beaucoup
de nous qui ne se joignant a vous meme de ceux qui dependent
des EspagnoUes qui comme nous reduit au plus pressant besoins
de tous voudront rester neutre ou peutetre se mettre avant.
J'espere monsieur qu'en cas que mes speculations n'ayent
aucuns Lieux et que vous ne veuillez tenter 1 'enterprise que ma
Lettre ne sera point communique a personne afin de m'epargner
ainsi qua celui qui ecrit cette Lettre les poursuittes que pour-
roit faire les ammeriquains et les EspagnoUes aux quelles pour-
suittes il ne vous serait pas peutetre aise 'de nous sous traire.
Je suis Monsieur
en esperant votre protection
Votre tres humble et obeissant Serviteur
aux Chakokias 3 9^^^ 1781 (signe) Antoine Girardin
Monsieur Sinclair, Gouverneur.
GIRARDIN TO SINCLAIR, NOVEMBER, 1781 563
services in everything that I can do, provided that I am informed
by some instructed persons a few days before the arrival of the
parties here; and I dare to hold myself ready to prepare all the
inhabitants to receive you freely, provided there should be no
savages mingled in your detachment. I do not doubt that we are
accused with being rebels for having suffered without resistance
the entrance of the Americans among us; but what could a
deserted people do, who were blinded by a thousand beautiful
speeches, of which we are still to see the results, and there was
joined therewith, for fear of the impossibility of so quickly delud-
ing our credulity, threats of destruction, if we should not consent
cheerfully to make to them an inviolable oath. It was for us a
necessary gift, to consent to all they have desired, in order to pro-
cure for ourselves the security of our property. We would not
believe ourselves in any way bound, if we should free ourselves of
an oath which we have been forced to make.
It is well to call your attention, sir, that there will be some
obstacles to pass at the posts which the Spaniards occupy, but I
am right in believing that once entered into our villages, you will
find there all the necessary provisions which you will need in
order to make the expedition. I no longer doubt but that there
would be many of us who would join themselves to you, even of
those who are subject to the Spaniards, who, like ourselves, are
reduced to the most pressing needs and will wish to remain neutral
or perhaps to take an active part.
I hope, sir, that, in case my speculations should have no results
and you should be unwilling to attempt the enterprise, my
letter will not be communicated to any one, in order to spare me as
well as him who writes this letter the prosecutions which the
Americans and the Spaniards might make, from which prosecu-
tions it would not be easy for you to screen us.
I am, sir, in the hope of your protection your very humble and
obedient servant
At Cahokia November 3, 1781. (Signed) Antoine Girardin.
[Addressed] M. Sinclair,
Governor.
564 ILLINOIS HISTORICAL COLLECTIONS
Ordinance of the Court of Cahokia, June ii, 1783.
Lan Mil Sept Cent quatre vingt trois le onzieme jour du mois
de juin En vertu de la Cour tenue cejourd'huy an nom du public,
pour Deliberer Sur la quantite de terre qui reste a prendre Dans
La Prairie du pond, propre pour le Culture, a Et^ decide par
ladite Cour quil Soit fait une recapitulation de la quantite de
sitoyen Leurs donnant la preference a tous autres, Et quansuitte
il soit mentione de la quantity de terre quil pent y avoir a prendre
Sans faire tor au terrin quil convient de reserver pour la Commune
Et En Suitte que Ion fera passer laditte cloture Commune par
derriere le terrin qui appartient a Joseph Mesonville, Et de la
Joindre la Coule des liar le long de laquelle passera Laditte
Cloture, Jusqua la pointe a butau Et de la En gagnant La
pointe de bois du Grand Cotau en Cas quil se trouve asse Dabi-
tant pour prendre des terre jusque la, Et a Ce deffaut La Cloture
arrettera a la fin des derniere terre Borne Et prise par les dits
habitant, Et Sont Convenu En outre que Comme Lesdittes terres
dans letendu quelles ont ne Sont pas aussi avantageuse Les une
Comme Les autres, quil faut Des Billet qui Seront tire au Sort,
Et que chaq'un qui tirrera Son Billet, Sera force de faire Sa
Cloture Suivant Son numero Cest a dire prendront lesdittes
Clotures au bout de Celle des habitants qui ont deja [?] labourre
Dans le Cul de Sac de la ditte prairie du pond. Conformement a
leur quantite de terre, Et que toutes les autres qui reste Seront
tire au sort telle quil a Ete cy devant Expliquee Et que tant qu'au
reste de la prairie Sur la Droitte de la ditte Coule des liar La
ditte Cour au nom des habitant, cela Sont reserve pour le pai-
age de Leurs Animaux La Borne de chaque terres Courant Du
mississipy au Cotte, et que Si par la Suitte il Se presentoit quel
qu'autre habitant qui voulussent avoir des terres Et poursuivres
plus loins, il Seront oblige de Suivre La Ligne Directe de la
Cloture moyenant que le Cotte de la ditte CouUe des liar demeu-
ra toujour pour Comune aux animaux Et quapres touttes Cloture
de terre Faites Celle qui resteront Sera partage En Comun a
chaque habitant qui auront prix des terre dans laditte prairie
1 Chi. Hist. Soc, Cah. Rec, original manuscript. Transcription by the editor.
ORDINANCE, JUNE, 1783 565
Ordinance of the Court of Cahokia, June ii, 1783.^
The year, 1783, the eleventh day of the month of June, in virtue
of the Court, held this day in the name of the public to determine
the amount of land which remains to be taken up in the Prairie
du Pont, appropriate for cultivation, ^ it has been decided by the
said Court that there be made a census of the citizens, giving
them the preference over all others, and that, thereafter, there
be set aside the amount of land, which can be taken up without
encroaching on the ground which it has been agreed to reserve for
the commons; and thereafter that the said common fence shall be
made to pass behind the ground belonging to Joseph Maisonville
and to join there the gully of limestone along which the said fence
shall run up to Butau's point and from there running to the point
of woods of the Big Hill, in case there are found sufficient inhabi-
tants to take up the land as far as that; and if not, the fence shall
stop at the end of the last land surveyed and taken up by the said
inhabitants. And it has been furthermore agreed that, since some
of the said lands are not as desirable in respect to area as others,
there should be tickets which shall be drawn by lot, and that
each who shall draw his ticket shall be compelled to make his
fence in the order of his number; that is to say they shall begin the
said fences at the end of that belonging to the inhabitants who have
already cultivated land in the cul de sac of the said Prairie du Pont
and build them according to the amount of their land; and that
the other tickets which remain shall be drawn by lot in the manner
it has been herebefore explained. And in regard to the rest of the
prairie on the right of the said limestone gully, the said Court in the
name of the inhabitants has reserved that for the pasturage of their
animals, the limit of each land extending from the Mississippi to
the bluffs, and, if hereafter there should present themselves other
inhabitants who wish to have lands and to go on farther, they shall
be obliged to follow the direct line of the fence, on condition that
the side of the said limestone gully shall remain always a commons
for the animals; and it has been decided that after all enclosures
of land have been made, that which remains shall be divided
2 See supra pp. 153, isq.
566 ILLINOIS HISTORICAL COLLECTIONS
du pond Car ainsi a Et^ Convenu Et accord^ fait Et pass^ aux
Cahos Ian Et Jour que dessu Etant Signd
sa sa
Antoine + Lamarche L + Lebrun
marque marque
sa sa
Jos^ + Bellefeuil fr + Couri^
marque marque
pierre quenel
F Saucier Greffier
Inhabitants of Cahokia to Congress, November io, 1784.
Etrait du Regis du Greffe des Illinois En la Ville des Kaskaskias
A L'honorable Congres.
Messieurs —
Cest avec un Vray plaisir que nous habitant des Cahokias et
des Villages d'alentoure, nous avons apris que par un acte de
L'assemblee de la Virginie du 20 Janvier 1781. nous somes
tombe Entierrement sous la Juridictions de Votre honorable
Corps, dans L'esperance que nous somes que vous nous donner^
les secours dont nous avons Besoin, et accorderez la Joliissance
de nos Enciennes Loix, privilege et Coutume, et que comme sujet
ameriquain nous jouirons des memes avantage que tous les autres
habitant Jouissent; nous Etant la moyenne partie de nous autres
porte Volontairement dans toutes les Entreprise qui se sont forme
contre Lennemis Comuns; et meme fort souvent Expose nos
families a la brutalitee des Sauvages En nous Eloignant delle
et nous Etant aussy privee du necessaire pour Contribuer a
lEntretien des troupes qui on et^ Envoye parmis nous, et ces dans
des tems que nos recolte ont tout a fait manque, tant par les de-
bordement du Mississipi que par les incurtion que faisoient les
Sauvages sur nos terres, nous avons Enfin dans toutes les occas-
sions montree un vray Zelle pour la deffence de la libert^e; cest
pour quoi nous Esperons, Recevior Les Benefices de nos peine s
et que Vous aurez Egards aux demandes que nous faisont, et
qui ne sont que trop Justes pour nous En faire douter la reussites.
MEMORIAL, NOVEMBER, 1784 567
among all the inhabitants who shall have taken up land in the said
Prairie du Pont; for so it has been agreed and granted. Made
and passed at Cahokia the year and day as above, there having
signed,
his his his
Antoine + Lamarche L. + Lebrun Joseph + Bellefeuil
mark mark mark
Pierre Quenel.
F. Saucier, Clerk.
Inhabitants of Cahokia to Congress, November 10, 1784.^
Extract of the Registers of the Record-Office of the Illinois in
the Town of Kaskaskia.^
To the Honorable Congress.
Sirs : —
It is with a true pleasure that we, the inhabitants of Cahokia
and of the surrounding villages, have learned that by an act of the
assembly of Virginia of the 20th of January, 1 781, we have fallen
entirely under the jurisdiction of your honorable body; for we
hope that you will give us the assistance which we need, and grant
us the enjoyment of our former laws, privileges and customs, and
that as American subjects we shall enjoy the same advantages as
the other inhabitants enjoy; for we have borne voluntarily our
proportional share in all the enterprises, which have been formed
against the common enemy, and even very often exposed our fami-
lies to the brutality of savages by going far from them, and we have
often been deprived of the necessities in order to contribute to the
support of the troops who have been sent among us ; and this at a
1 Papers of the Old Congress, XLI., V., 115, a copy by the clerk of the Kaskaskia court.
The transcripts from the Papers 0} the Old Cotigress, printed in this voUime, were made under
the direction of the staff of the Bureau of Hist. Research of Carnegie Institution, and were
collated a second time by Dr. J. Franklin Jameson.
2 The petition was drawn up by the inhabitants of Cahokia in 1784, but the copy which
reached Congress was made by the Kaskaskia clerk, which accounts for certain peculiarities
of spelling. Labuxiere, the clerk at Cahokia, who wrote the original petition, makes a final
s which looks like a straight line, and this has been read by the clerk of Kaskaskia as the letter
t. There are other errors which can be accounted for in a similar way, as, for instance, the
spelling of the signatures. Also, the clerk of Kaskaskia has added a paragraph to make it
appear that the Cahokians united with the Kaskaskians in denouncing John Dodge. The
Caliokians intrusted the original petition to Major Lebrun, but he was killed before he reached
the Ohio river. In 1786 the people of Kaskaskia sent a copy of it with a petition of their
own to Congress. See Introduction, pp. cxxix., cxxx.
568 ILLINOIS HISTORICAL COLLECTIONS •
Premierement que Vous nous accordie le droit de Choisir
parmie nous les personnes les plus Eclaires pour Magistrat qui
jouront de leurs places quautant quil metriteront la Confiance du
peuple, et que En Gas de mal Versation nous ayont aussy le meme
droit de les deplacer pour En nomer dautres, et que tous les habi-
tants qui Viendront setablire parmis nous soient obliger de ce
Conforme aux Loix qui sont deja Etablie et sous les quelles nous
avons et Esperons Vivre En Paix.
^eme — £^ ^^^ dsiiis toutes les causses de consequence ou le bien
etre de quelque particulier se trouveray tout a fait Engage, nous
ayons outre notre Judicature un Endroit ou nous puissions faire
appelle des Sentence que un de ces particulier ne Croiroit pas
avoir ete Entendue suivant toute la Justice quil avoit lieu dattendre,
mais que le nombre de ces Causses soient reduite a celle que vous
croire absolument liecessaire pour le bien aitre de Lendroit et
que les places des forts ne soient aliener a aucun particulier, com-
me actuellement Ledit sieur John Dodge posede une place dun
fort et que les terraces sont toutes faites depuis le terns que le
Roy de france posedoit la CoUonie des Illinois qui est la deffence du
Vilage de la Ville des Kaskaskias.
^eme — j)ans lEsperence que nous sommes quune fois le Bon
ordre Etablie parmis nous, devoir Venir tous les habitant qui
Ennuyer de ce Voir Expose a toute Sortes de danger se sont
Retire sur la partie Espagnolle outre cela les avantage qu'offre
la fertilite de nos terres a ceux qui y Viendront cy Etablir nous
Soiteriont que vous Voulusies bien Enpecher Labus qui ce fait
generalement dans tous les nouveaux pays ou il se trouve toujour
quelque particulier qui font des achats de quantite de terrin sur
les quelles ils nont aucun intantion de setablir que celle de les
Garder quelque annee pour Ensuite les revendre a des prix
Exhorbitant.
^eme — Ayant lieu dattendre que Vous nous Enverrez des troupes
dont nous avons besoins pour la surt^ et la police de lendroit nous
Esperont que Vous Voudre bien pourvoire a ce que nous ne soiont
plus Expos6 au meme desordre et irregularity que nous avons
1 An addition to the original petition made by the Kaskaskians.
MEMORIAL, NOVEMBER, 1784 569
time that our crops have completely failed both on account of the
overflow of the Mississippi and the incursions which the savages
made on our lands. Finally we have shown on all occasions a
true zeal in the defence of liberty. This is why we hope to re-
ceive the advantages of our labors and that you will give heed to
the petitions which we make and which are only too just to cause
us doubt of their success.
Firstly, we pray that you grant us the right of choosing from
among ourselves the most enlightened persons for magistrates, who
shall hold their places as long as they merit the confidence of the
people, and that in case of malversation we have also the same
right of displacing them in order to name others; and that all the
persons who shall come to settle among us be obliged to conform
themselves to the laws which are already established and under
which we have and hope to live in peace.
Secondly, we pray that, for all the important suits in which the
well-being of some individual shall be entirely at stake, we have,
besides our judicature, a place to which we can make appeal from
the judgments when one of these individuals believes that he has
not been heard according to the full justice, which he had the right
to expect; that the number of these suits be reduced to that which
you shall believe absolutely necessary for the well-being of the
place; and that the sites of the forts be not alienated to any indi-
vidual, as now the said M. John Dodge possesses a site of a fort,
the earth-works of which have been all built since the time when
the king of France possessed the colony of the Illinois and which
are the defence of the village of the town of Kaskaskia.^
Thirdly, on account of the hope, which we have, that once good
order is established among us, there are bound to come back all
the inhabitants who, wearied with seeing themselves exposed to
all kinds of danger, have withdrawn to the Spanish parts, and
furthermore on account of the advantages which the fertility of our
lands offers to those who shall come here to settle, we desire that
you will hinder the abuse which generally occurs in all new coun-
tries, where there are always some individuals who make purchases
of large tracts of land on which they have no intention of settling,
570 ILLINOIS HISTORICAL COLLECTIONS
deja Essuiez d'elle, quil ne soiet plus aux pouvoir du Comandant
de cette troupe de prendre par force chez labitant ce quil croira
avoir besoin que cette effet vous Voulissiez bien autorise un
quelquun pour regler les Enciens Compte de ce que les habitant
ont deja fournie, et que cette meme personne ou un autre soient
aussy a meme de satisfaire soit En argent ou billet de Credit les
habitant quil lui fourniront des provisionts pour la troupe et quen
cas quil Vienent a manquer de quel que necessaire que Lofhcier
comandant soient obliger davoir recour aux Magistrat de L'en-
droit qui se serviront des moyens les plus prond et les plus satis-
fesant aux particuliers pour leurs [procurer] ce quils auroient
besoint.
^eme — Qommc ayant parmis nous differentes personnes qui par
les Correspondances qu'il Entretiennes avec les sujets du Roy
d'anglettere dans [tint?] du Cotte de Michilimakina et du detroit
et autre places aux prejudice de notre comerce ainsy qu'une Bende
de mauvais sujet qui sasemble et tienne des discours avec les sujet
du Roy d'anglettere contre les Etats unies et qui insinue dans les
Esprits foible que le Roy d'anglettere prendra possetion de cette
Colonie c'est ce qui met le trouble parmie les nations Sauvages et
nous Expose Journellement dans le perille et Lorsque Voyant une
Justice Etablie Enpecheroit tous les cabales de sa troupie nous
Eviteroit tous dangers.
^eme — Pg^r dcmicr demande que nous regardont comme Grace
special, nous Esperont que le Congre aura Egards que depuis
plusieurs ann^es consequitive nous avons Etee Expose a manquer
de tous necessaire tant par le debordement que le Misissipy a fait
sur les terres que nous avions conjointement choisy et que par
I'inquietude que nous a toujours causse les nations Sauvages qui
nous ont obliger a abandoner les Etablissement que nous avions
deja faite ce que nous oblige de vivre tres retirees nous Esperont
que vous voudre Bien nous accorder quel qu'annee frenche de
taxe pour nous remettre dans un Etat a pouvoir vivre et soutenir
notre famelle, et que lors que nous seront obliger dans payer Vous
nous accordier le droit Entre nous des personnes qui prennent
^ The meaning is not clear, since the paragraph was not finished .
MEMORIAL, NOVEMBER, 1784 571
but that of holding, them some years in order to sell them after-
wards at an exorbitant price.
Fourthly, since we have reason to expect that you will send
troops, of whom we have need for the safety and the police of the
place, we hope that you will provide for this, that we are no longer
exposed to the same disorder and irregularity that we have already
suffered from them; that it be no longer in the power of the com-
mander of these troops to take by force from the houses of the in-
habitants what he shall believe he has need of; that for this pur-
pose you will authorize some one to settle the old accounts for the
supplies which the inhabitants have already furnished, and that
this same person or another be also authorized to satisfy either
in gold or credit-notes the inhabitants who shall furnish him
provisions for the troops; and that in case he happens to lack
any necessity, the officer in command be obliged to have recourse
to the magistrates of the place, who shall use the most prompt
means and the most satisfactory to the individuals to obtain for
him what he needs.
Fifthly, since we have among us several persons who through
the correspondence which they keep up with the subjects of the
king of England both from Michillimackinac and Detroit and
other places to the prejudice of our commerce; and also a band
of worthless fellows who assemble with the subjects of the king of
England and make speeches against the United States and who
are instilling into the minds of the feeble spirits the belief that the
king of England will take possession of this colony, that is what
makes the trouble among the savage tribes and exposes us daily
to peril ; and when a justice is seen to be established, it would pre-
vent all the intrigues and by its troops spare us all danger.^
Sixthly, for a last petition, which we regard as a special grace,
we hope that Congress will consider that for several consecutive
years we have suffered from a lack of all necessities both on ac-
count of the inundation of the Mississippi on the lands which we
have conjointly chosen and because of the disturbance which has
been caused by the savage tribes, who have obliged us to abandon
the settlements which we have already made,a fact which compels
572
ILLINOIS HISTORICAL COLLECTIONS
connoissance de ce qu'un chaqu'un possede pouront avec plus
dequitter juger de ce que chaque particulier Doit payer nous avont
esperer que nos demande Vous pareteront Juste pour doutter
d'un seule moment que Vous ne nous les acordier pas.
M^ Le Major Le Brun de Belle Court, porteure de la presente
cera a meme de vous donner un Etat sirconstencier de notre Situa-
tion actuelle et nous nous reposont Entierrement que Vous Voudre
bien Ecouter nos demandes et nous somes tres Respectueusements
MESSIEURS
Vos tres humbles et
aux Cakokias aux Illinois tres obeissants les
ce lo 9
bre
1784 Supliants soussign^s
Sign^ sur la minutte
Jean B^^. LaCroix: Dubuque
Calarie A:Pelletier
f^ Courrier:
S. LeCompte:
Bray
A: armant dupuis
P. Martin:
J. Jervais:
P. roy
J. Cecire chenier
C. Lefevre:
S. Pillet: S.
lebrun
J B^^ Dumay
J Bissonette
Pi : Poupart
Charle Cadron
f. Gramont:
B^e Baron
P: Chevallier
P: Daurion:
B*« alarie. A:
: Beron
A. Jerardin
R.WsiUs [Watts?]
E. Bouvet:
A. Lamarche.
aim^ Compte
J. Roussard
B^e Saussier
La Bruyer
M: Saussier:
f: Saussier
J. Marois
S: ChateUe.
B^e Merier
Germain
A. Boyer.
J. BelleCourt
gagner
N. Canada thimotd de Montbrun
Comandant
Ordinance of the Magistrates of Cahokia, August 28, 1785.
Nous Antoine Girardin Commandant au poste des Cahos Et
Jean Bte LaCroix president et magistrat au district dud* poste.
Etant necessaire de remedier au Brigendage Et vol qui se Com-
1 Chi, Hist. Soc, Cah. Rec, original manuscript. Transcription by the^editor,
ORDINANCE, AUGUST, 1785 573
us to live very secludedly ; and therefore we hope that you will
grant us freedom from taxation for some years so that we may put
ourselves in a condition to be able to live and support our families ;
and that when we are obliged to pay taxes, you will grant us
the right [of choosing] from among ourselves persons who know
what each possesses and can with more equity judge what each
individual ought to pay. We hope that our petitions will appear
to you so just that there will be no doubt for a single moment of
your granting them to us.
Major Lebrun de Belcour, bearer of the present, will be able
to give you a circumstantial statement of our present condition ;
and we fully trust that you will listen to our petitions and we are
very respectfully,
Sirs,
Your very humble and obedient petitioners, undersigned.
At Cahokia in the Illinois, this loth of November, 1784.
Signed on the record
Jean Bte. LaCroix. Dubuque.
C. Alarie. A. Pelletier. Fr. Courier. L. Lecomte. Brady. [?]
A. Harmand. Dupuis. P. Martin. J. Gervais. P. Roy.
J. Cesirre. Chenier. C. Lefevre. L. Pillet. L. Lebrun.
J. Bte. Dumay. J. Bissonette. P. Poupar.
Charles Cadron. F. Grandmont. Bte. Baron.
P. Chevalier. P. Dorion. Bte. Alarie. A. Baron.
A. Girardin. E. Bouvet. A. Lamarche.
R. Watts [?] J. Roussard. Bte. Saucier.
Aim^ Compte. M. Saucier. F. Saucier.
Labruyer. L. Chatel. Bte. Mercier.
J. Marois. A. Boyer. J. Belcour.
Germain. N. Canada.
Gagne. Thimothe de Monbreun, Commandant.
Ordinance of the Magistrates or Cahokia, August 28, 1785.^
We, Antoine Girardin, Commandant at the post of Cahokia,
and Jean Bte. LaCroix, President and Magistrate in the district
of the said post:
Since it is necessary to remedy the brigandage and theft, which
574 ILLINOIS fflSTORICAL COLLECTIONS
metent tant de Nuit que de jour dans les champs Ensemancds et
ciiltives en Bled froment, Mahis, Poids, feves, citrouilles melons et
autres legumes, ainsi que dans les verger ou jardins, ou ces memes
voleurs desolent et Ruinent entierement le travail et Labeurs des
Bons Cito3'ens qui Se donnent toutes les peines pour avoir leurs
subsistances et jouir du fruit de leurs travaux, Etant indispensable
d'arreter le cour dun desordre aussi pernicieux au bien public il est
tres expressement deffendu a toutes personnes de telle qualite que
ce puisse etre Soit habitant leurs femmes ou enfant et esclaves Aux
voluntaires, gabans, gens sans aveu ou autres, dentrer dans Les
champs Ensemances de grains ou legumes, qui ne leur apartien-
dron pas ainsi que dans les vergers ou jardins et dy voler ny prendre
aucune chose que ce puisse etre a peine de Cent livres demande
aplicable moitie au bien public de lautre moitie au denonciateur;
d'etre mis huit jours aux fers et promene dans le village des Cahos
avec Les marques de leur vol pendu au Col pour la premiere fois;
Et de plus grands Chatiments En cas de residive. il est aussi tres
expressement deffendu de passer a traver les terres Ensemancees
Siot a chaval ou en charete, ordonnons de suivre les chemins de
ligne a peine de cinquante livres damande contre ceux qui con-
treviendront a la presente ordonnance Et de payer le domage, Ce
qui Sera Execute Sans moderation Et la presente sera lue et
affichee a la porte de cette Eglise Et Enregistre au greffe pour y
avoir recour, aux cahos le 28 aoust 1785.
J. B H LaCroix presidant
At Girardin Labuxiere grefier
Petition of La Croix in regard to Trade, October 29, 1785.
A Messieurs Les Magistrats Et respectable Cour du district des
Cahos
Messieurs
Jean B^^ LaCroix a Ihonneur de vous exposer que pour le
Bien public la Cour luy a accorde le 8. de Mars 1782 la permission
de la traite avec les sauvages dans ce village aux conditions Ex-
pliquees dans la Sentence de ladite Cour rendue cedit jour 8. mars
1 Possibly '^gabans" is a corruption of vagabonds.
CONCERNING TRADE, OCTOBER, 1785 575
are committed as well by night as by day in the fields, sown and cul-
tivated in wheat, corn, peas, beans, pumpkins, melons and other
vegetables and also in the orchards or gardens, where these same
thieves spoil and ruin utterly the work and labor of the good citi-
zens who give all their toil to have their subsistence and to enjoy
the fruit of their labor; since it is indispensable to stay the course
of a disorder so pernicious to the public welfare, it is very expressly
forbidden all persons of what quality soever whether inhabitants,
their wives or wayward children and slaves, vagabonds,* vagrants
or others, to enter the fields, sown with grains or vegetables, which
do not belong to them, and also the orchards and gardens and to
steal or take anything whatsoever there, on pain of one hundred
livres fine, payable half to the public treasury and the other half
to the informer, and of being put in irons for eight days and led
about in the village of Cahokia with the marks of their theft hung
around their neck, for the first offence, and of greater punishment
in case of repetition. It is also very expressly forbidden to pass
across the sown fields either on horseback or in a wagon. We
command that the line of the roads be followed on pain of fifty
livres fine against those who shall violate the present ordinance
and of paying for the damage, for which there will be execution
without mitigation. And the present shall be read and posted on
the door of this church and registered in the record-office in order
that there may be recourse thereto. At Cahokia, August 28, 1785.
J. B. H. LaCroix, President.
Ant. Girardin. Labuxiere, Clerk.
Petition or La Croix in Regard to Trade, October 29, 1785.^
To MM. the Magistrates and the honorable Court of the
District of Cahokia.
Sirs : —
Jean Bte. LaCroix has the honor to set forth to you that, for
the public good, the Court granted him on the 8th of March, 1782,
permission to trade with the savages in this village under the condi-
tions declared in the decree of the said Court, rendered the said
2 Chi. Hist. Soc, Cah. Rec., original manuscript, somewhat damaged by folding. Tran-
scription by the editor.
576 ILLINOIS HISTORICAL COLLECTIONS
1782. ledt S^ LaCroix na point Ete trouble jusqua present dans Sa
traite mais presentement il se trouve [en] Cas au prejudice Notable
du public Et de Lexposant qui tend a faire perir Les Citoyens de
faim sur tout dans d'aussi grandes Calamity comme nous nous
trouvous presentement.
Les commerceans Etranger de missilimakina Sont icy Messieurs
qui Bien loin de Se Contanter de Lazile que nous leur donnons
pour vendre leurs marchandises aux francais traitent des Sauvages
qui viennent a ce vilage toutes les douceurs que lesd^ sauvages
aportent Et nous otent par ce moyens les faculte de pouvoir vivre
En nous survandant ces memes danrees de traite a des prix
Exhorbitant Et En En faisant des amas au detriment du peuple p^
le transporter hor de Lendroit ou Le vendre a des prix plus
honereux au public comme ces commerceants nont aucun droit de
traite dans ce village Et que si nous avons quelque douceur a
traiter des sauvages . .[MS. torn]. . Benefice Nous apartient de
droit Et non a des Etranger que nous soufr [ons] icy par Bienseance
ayant Ete renvoyez de la rive Espagnole il nest pas juste de Nous
laisser Enlever par ces memes marchand a nos yeux ce que la
providence nous offre par les sauvages; ce qui ces marchands
traitent non Seulement des marchandises a Nos yeux jusques sur
nos foyer mais Encore ce qui est plus pernici[eux] de la boisson
Et soutent les sauvages dans un temp ou on ne sauroit Etre trop
Circonspect; pour Eviter [les] malheurs qui En peuvent resulter je
requiere Messieurs que vous ayez la bonte de me Continuer dans
ma traite Et quil soit fait deffance a tous Commerceants Etranger
de Sy immisser a lavenir dans ce village ni dy traiter aucunne
Chose avec les sauvages qui y viennent a peine dune amende
telle quil vous plaira fixer Et de Confiscation de ce quils auront
traiter sous loffre que fait lexposant de Se Conformer aux Con-
ditions de la Sentence de la Cour dud* jour 8. mars 1782. Et que
cette Branche de Commerce nous Soit Conservee dans notre
village . . [MS torn] . . aux Etrangers cest a quoy je Conclud aux
Cahosle 29, 8^^^ 1785.
J. B. H. LaCroix.
1 See supra pp. 125, 213.
2 The great flood of 1785.
CONCERNING TRADE, OCTOBER, 1785 577
day, March 8, 1782.^ The said M. LaCroix has not been troubled
up to the present in his trading; but now he is in a position very
prejudicial to the public and to the petitioner and which tends
to cause the citizens to perish from hunger, especially at a time
of such great calamity as we find ourselves in at present.^
The alien merchants of Michillimackinac, gentlemen, are
here and, far from contenting themselves with the asylum which
we give them to sell their merchandise to the French, they are
trading with the savages, who come to this village, for all the
goods which the said savages bring and are taking from us in this
way the means of making a living, since they overcharge us for
these same commodities of trade at exorbitant prices ; and to the
detriment of the people they are making hords of the goods in
order to transport them out of the place or to sell them at prices
most burdensome to the public. Since these merchants have no
right of trade in this village and since, if we have some goods to
trade with the Indians, [this] advantage should belong to us and
not to strangers; and since we suffer them here for convenience,
after having been sent away from the Spanish bank, it is not just
in us to permit these traders to carry off before our eyes what
Providence offers us through the savages. But these traders
are trading before our eyes and up to our very doors not only in
merchandise but also in what is more pernicious, drink, and are
favoring the savages at a time when one cannot be too careful. In
order to avoid the evils which may result therefrom, I pray,
gentlemen, that you have the goodness to continue me in my
trading right and that all alien merchants for the future be for-
bidden to participate therein in this village or to trade in anything
with the savages who come here, on pain of a fine, such as it shall
please you to fix, and of confiscation of that for which they shall
have traded; and in return the petitioner oft'ers to conform to
the conditions of the decree of the Court of the said 8th of March,
1782, so that this branch of commerce be preserved for us in our
village [and not pass] to aliens; and this is my conclusion. At
Cahokia October 29, 1785. J. B. H. LaCroix.
In view of the decree rendered by the Court of the district
March 8, 1782, by which the said Court granted the right of trade
578 ILLINOIS HISTORICAL COLLECTIONS
Veu la Sentence Rendue par la Cour du district le 8. mars 1782
par laquelle ladite Cour a accorde la traite des sauvages aud* S^
jean B^^ LaCroix lequel a toujours Exerce ladite traite Sans'aucun
Reproche ni plainte de personne cest pourquoy la Cour assembl^e
a decide Et decide par la presente sentence que led* S^ LaCroix
Sera continue dans ladite traite Exclusivement a tous autres pour
le Bien public de ce poste Et Sera libre de traiter Laudevie aux
sauvages a la reserve neantmoins Et Cas tr^s expressement reserve
quil ne poura delivrer laudevie aux sauvages que lors quil partiront
de ce de ce [sic] village de facon quil ne Boivent point aud* village
Et quil nen resulte aucun domage Et Sera donne une personne de
Confiance par la Cour pour veiller a ce que led* S^ LaCroix ne
leur donne point a boire Et jusques a ce que les sauvages soit
Conduit avec leurs Boisson a une lieues hors de ce village. Et led*
S^ LaCroix se Conformera a toutes les Conditions expliquees En la
Sentence de permission du 8. mars 1782 Envers le public def-
fandons tres expressement a tous commerceants anglais Etrangers
Residants depuis peu En ce poste qui nont point de Sermant de
fidelite aux Etats la traite de Lau devie sous tel pretexte que ce soit
a peine de Cent livres demande Et de plus grande peine En Cas
de residive nenten . .[-1/5. torn]. . Neantmoins desroger au Com-
merce libre des marchands Etranger pour la traite Et de
. . [MS. torn] . . des marchandises . . [MS. torn] . . et la Cour se
reserve En cas de prejudice au public de reformer la presente
permission accordee aud* S^ LaCroix dont elle prendra Con-
noissance En tems et lieux si les Cas La requiere Et le Con-
tinuous dans son privilege jusqua Revocation expresse de
Notre part deffendons a qui que ce soit de Le troubler, ni
inquieter Et la Presente Sera lu publice et affiche demain
dimanche a la porte de cette Eglise a lissue de la messe
dimanche donne par nous La Cour scant par M""^ j B*^ du Buque
Charle ducharme fr. Courier. Et thom Bredy ce dernier na voulu
signer Et les autres ont signe Et aprouve par m^ trotier com-
mandant Le 29 8^^^ 1785.
[Signed]
Ch DuCharme B Dubuque ' marque de fr courie
J B H LaCroix magistrat +
CONCERNING TRADE, OCTOBER, 1785 579
with the savages to the said Jean Bte. LaCroix, who has always
exercised the said right of trade without any reproach or complaint
from any one, for which reason the Court in assembly has decided
and does decide by the present decree that the said M. LaCroix
shall be continued in the said trading privilege, exclusive of all
others, for the public good of this post; and he shall be free to
trade in liquor with the savages with this reservation and condi-
tion, nevertheless, expressly reserved, namely that he can only
deliver liquor to the savages when they shall set out from this
village and so that they do not drink in the said village and there
results no damage therefrom; and there shall be appointed by
the Court a trustworthy person to see to it that the said M. LaCroix
does not give them anything to drink and that the savages with
their drink are conducted to the limits outside of the village. And
the said LaCroix shall conform to all the conditions declared in
the decree of permission March 8, 1782. In regard to the pubhc,
we forbid very expressly all English merchants, who are alien
residents for a short time in this post and have not taken the oath
of fidelity to the states, the trade in liquor under any pretext
whatsoever on pain of one hundred livres fine and of greater
punishment in case of repetition, not [intending], however, to
detract from the free commerce of the alien traders for the trade
and [Mss. torn] of merchandise [Mss. torn]. And the Court
reserves to itself, in case of prejudice to the public, to change the
present permission granted to the said M. LaCroix, of which
it will take cognizance in time and place, if the case requires it;
and we continue him in his privilege until express revocation on
our part. We forbid any one whomsoever to trouble or disturb
him. And the present shall be read, published and posted to-
morrow, Sunday, on the door of this church at the close of mass.
Given by us, the court in session, J. Bte. Dubuque, Charles
DuCharme, Fr. Courier and Tom Brady; the last has not wished
to sign and the others have signed; and it was approved by M.
Trottier October 29, 1785.
[Signed] Ch. DuCharme. B. Dubuque
J. B. H. LaCroix. Mark of Fr. Courier
Magistrate.
58o ILLINOIS HISTORICAL COLLECTIONS
Veu et aprouv^e par moi major commandant
fr. trottier
a que Cette Condissionte Labuxiere greffier
Le present Privilege EnnuU^ par la Sentence de ce jour sur les
registres des audiences aux cahos le 12 9^^® 1788
Labuxiere grefier
Inhabitants of Cahokia to Congress, July 15, 1786.
Messieurs des Etats unis de L'amerique tenant Le Congre.
Messieurs:
C'est avec la plus sensible peine que les habitants des cahos
aux Ilinois se trouvent reduit a vous porter les justes plaintes
et vous demander votre protection contre entreprises que M^. Dor-
sey pentacoste veut former sur terres aux cahos et les desposseder
d'un Bien qui leu[r] apartient legitimement et dont ils sont en
pocession eu[x] et leurs peres depuis pres dun Ciecle.
La prairie du pont a apartenu de tous tems aux habitants,
tant pour la cultiver sil en avoit Besoin q[ue] pour servir de Com-
muns a leurs Bestiaux sans laquelle il leur seroit impossible
d'En Elever d'aucune espece.
Le S^. Gibault cure desservant la cure des Caskakias a 20
lieues de notre village s'est arroge le pouvoir secret d'ozer
disposer de cette prairie En la Concedant a M^ Le Colonel
Clark qui a revendu cette meme concession a M^ Pentecoste
qui aujourdhuy veut s'en emparer et en deposseder les habi-
tants
il n'a jamais ete au pouvoir d'aucun Eclesistique des ilinois
de disposer du Bien des Sujets. les loix ni leur Etat ne leur ont
jamais donne un pouvoir si arbitraire, Bien loin d'y avoir e<i
aucunme authorite ni droit, leur devoir a Ete restraint a dire la
messe et a recevoir la retribution qui leur revenoit pour y cele-
brer le service divin Et jamais les pretres de ces Endroits N'ont
eu la permission ni le privilege de donner des concessions, ce
privilege n'a anciennement apartenu qu'aux Commandants Et
^ Papers oj the Old Congress, Ixviii., ST. Original manuscript.
2 The concession was made by Father Gibault to Stephen Trigg, one of Clark's officers,
on April 21, 1779, and transferred by the latter to Clark on May 6 of the same year. Both
deeds were registered at Kaskaskia instead of at Cahokia. — Kas. Rec, Court Record. The
MEMORIAL, JULY, 1786 581
Seen and approved by me, Major Commandant,
Fr. Trottier
a que cette Condissionte [ ?] Labuxiere, Clerk.
The present privilege annulled by the decree of this day
entered on the registers of the audiences at Cahokia, November
12, 1788. Labuxiere, Clerk.
Inhabitants of Cahokia to Congress, July 15, 1786.^
Gentlemen of the United States of America holding Congress.
Sirs:—
It is with the deepest pain that the inhabitants of Cahokia
find themselves compelled to bring their just complaints to you
and to demand your protection against projects which M.
Dorsey Pentecoste is devising with respect to lands at Cahokia and
by which he would dispossess them of property which belongs to
them legally and of which they have been in possession, them-
selves and their fathers, since almost a century.
The Prairie du Pont has belonged from all time to the inhabi-
tants, both for the purpose of cultivating it, if there was need
thereof, or to serve for commons for their animals, without which
commons it would have been impossible to raise any kind of
animals.
M. Gibault, curey serving the parish of Kaskaskia 20 leagues
from our village, has dared to arrogate secretly the power of
disposing of this prairie by conceding it to Colonel Clark, who has
resold this same concession to M. Pentecoste, who to-day wishes
to take possession and dispossess the inhabitants thereof. ^
It has never been in the power of any ecclesiastic of the Illinois
to dispose of the property of the subjects. Neither the laws nor
their state have ever given them a power so arbitrary. So far
from having had therein any authority or right, their duty has
been limited to saying the mass and to receiving the remuner-
ation which accrues to them for celebrating divine service; and
never have the priests had the permission or the privilege of giving
concessions. This privilege has formerly belonged to the com-
land commissioners of the U. S. disallowed Pentecoste's claim, because Father Gibault had
no authority to alienate the lands of the church, and was expressly prohibited from doing so.
— Amer. State Pap., Pub. Lands, ii., 139.
582 ILLINOIS HISTORICAL COLLECTIONS
commissaire des lieux lors qu'ils y etoient authorizes par le Souv-
erain Et jamais aucun pretre ne s est immisce ni n'a oz^ prendre
une pareille authorite.
Le S^ Gibault sachant quil navoit aucun droit ni pouvoir de
concedder, mais pour se faire un merite Et tromper la bonne foy
de M^ Clark luy a fait cette consession frauduleuse Et conti"e la
bonne foy publique. aussi en a-t-il garde le silence Et bien [nen ?]
n'est venu a la Connoissance des habitans jusqua ce jour, dans
la Crainte quil avoit sans doute quils ne luy fassent la honte Et
la confusion d'avoir trompe Mr. Clark Et En meme temps voultj
s'il avoit ete En son pouvoir deposseder les dits habitants de leurs
Biens par une concession aussi vaine que tenebreuse qu'il a donne
secretement au Mr. Clark En voulant le persuader de son faux
pouvoir.
que deviendroient les citoyens de cette partie si des trompe-
ries aussi manifestes et aussi scandaleuses avoient lieu ou seroit
la surete publique des Biens de chaque famille. il ny en auroit
plus aucunne et le proprietaire ne pouroit pas sassurer d'etre
tranquille sur son propre foyer, cette Liberte si chere N'en seroit
que lombre.
c'est pour prevenir de si mauvais dessein Et arreter le Cour
des Entreprises que le S^ pentecoste veut former sur nos Biens
fonde sur ce vain titre ou dautres quil auroit pu surprendre et
obtenir de Nos Siegneurs du Congre a nous honereuses et pre-
judiciables que nous prenons la Liberte de Nous adresser Nos
seigneurs Et Souverains a votre tribunal, pour vous suplier de
regarder la Concession donnee par led* S^ gibault comme une
tromperie manifeste donnee par un homme non titre a ce sujet Et
qui na jamais eu aucun pouvoir sur nos Biens la declarer nule
Et abuzive, Renvoyer M^ pentecoste a se pourvoir contre M^ Le
Colonel Clark Et ce dernier contre Gibault qui sera tenu de nous
Exiber ses pouvoirs En vertu des quels il veut nous despoceder de
nos Biens Et terres Et des quels nous sommes En pocession depuis
letablissement des cahos qui passe plus de 80, ans: pocessions que
ces predecesseurs et meme les anciens commandants ont toujours
respectees.
MEMORIAL, JULY, 1786 583
mandants and the commissaries of the places, when they were
authorized thereto by the sovereign; and never has any priest
interfered or dared to assume such an authority.
M. Gibault, knowing that he had no right nor authority to
make the concession, but in order to make a merit and to deceive
the good faith of M. Clark, has made this concession fraudulently
and against the public good faith. Also he has kept silent about
it (and it didn't come to the knowledge of the inhabitants until
this day) on account of the fear, which he undoubtedly had, that
they would disgrace and confuse him with having deceived M.
Clark; and, at the same time, he wished, if it had been in his
power, to dispossess the said inhabitants of their property by a
concession as vain as underhanded, which he had given secretly to
M. Clark, because he wished to pursuade him of his false power.
What would become of the citizens of this part, if trickeries,
so manifest and so scandalous, were allowed; and where would
be the public surety of property? There would no longer be
any; and no proprietor could be assured of being undisturbed
in his own home. This liberty, so dear, would be only its shadow.
It is to anticipate so evil a purpose and to stop the course of
the attempts which M, Pentecoste wishes to make on our property,
which attempts rest on such a vain title, or to stop other conces-
sions, burdensome and prejudicial to us, which he may undertake
to obtain from our lords of Congress, that we take the liberty, our
Lords and Sovereigns, of addressing your tribunal, in order to
pray you to regard the concession, made by the said M. Gibault,
as a manifest fraud and as given by a man not empowered in this
matter and who has never had power over our property; and to
declare it null and improper and to dismiss M. Pentecoste tQ»
plead against Colonel Clark and this latter against Gibault,
who shall be held to show us his powers, by virtue of which he
wishes to dispossess us of our property and lands, which we have
possessed since the establishment of Cahokia, which is more than
eighty years; possessions which his predecessors and even the
former commandants have always respected.
We dare to hope, sirs, that you will set aside and annul all
584 ILLINOIS HISTORICAL COLLECTIONS
Nous ozons esperer Messieurs que vous voudrds Bien casser
et Ennuler toutes autres concessions au permissions que le S^
pentecoste auroit pii obtenir de vous tendentes anous desposseder de
nos pocessions et quil ne pouroit obtenir plus grande quantity de
terres que celles que la Cour de ce district luy accordera aux
Endroit qui ne seront pas Etablis Et qui jusqua present nont pas
Ete pris par personne, cette quantite ne pouvant excedder
dix arpents de large sur la Superficie de quatre Cent quarante
arpents, laquelle quantite de terre lui sera donn^e aux Endroits
qui ne seront prejudicia[ble] a personne.
ci inclus Nos Seigneurs vous trouveres la Copie de la procura-
tion que le chapitre de Canada a Envoy^ au S^ gibault dont
1 'original est depose au greffe du district des cahos, par laquelle
procuration vous veres que le S'' Gibault n'a pu ny du le demem-
brer ny Conceder aucunne partie ni portion des terres et Bien
de la mission des Cahos sans lexpres consentement des habitants
dud^ lieu a qui tons ces Biens sont transmis pour lEntretien de
Ladite mission ou prestre que lesdits habitants voudront y Etab-
lir. Et que par concequant le S^ gibault n'ayant jamais des-
servy cette cure ny a Eu aucun droit ny pouvoir. dailleur on ne
Crain pas de L'avancer dans le temps quil a donnee cette pre-
tendue Concession secrette et hor de la Connoissance des habi-
tants il etoit interdit par ordre de Leveque de Canada de la
quelle interdiction on ignore s'il est Encore releve, or toute inter-
diction Ennule tous actes Et contracts qu'il auroit pu faire pen-
dant quelle a dure et par concequant tous ses pouvoirs se trou-
voient aneanty.
Nous vous reiterons Nos Siegneurs avec tout le respect et la
soumission que nous devons a nos Souverains Et avec toute la
fidelite que nous vous avons juree, de nous accorder la justice
que nous vous demandons, contre toutes les Entreprises du S^
pentecoste sur nos biens terres et communes, que vous ne pouvez
connoitre par vous meme a moins qu'une personne Eclairde Et
sans partialite ne vous en face un fidel raport. c'est En conce-
quance que nous avons charge M^. Gabriel Cere Negociant des
ilinois porteur de ces presentes de vous donner tous les Eclair-
MEMORIAL, JULY, 1786 585
other concessions or permissions, which M. Pentecoste may
obtain from you, which tend to dispossess us of our possessions,
and consent that he cannot obtain a larger amount of land than
that which the Court of this district will grant him in places
which shall not be settled and up to the present have not been
taken up by anyone, such concession not to exceed ten arpents
in width and four hundred and forty arpents in area; which
amount of land shall be given to him, where it will not be pre-
judicial to anyone.
Enclosed herewith, our Lords, you will find the copy of the
power of attorney which the chapter of Canada sent to M.
Gibault, the original of which is deposited at the office of the
district of Cahokia, from which power of attorney you will see
that M. Gibault neither could nor should dismember or concede
any part or portion of the lands and property of the mission of
Cahokia without the express consent of the inhabitants of the
said place, to whom all this property is conveyed for the main-
tenance of the said mission or priest, that the said inhabitants
shall wish to establish here; and that consequently M. Gibault,
since he has never administered this cure, has had no right nor
power. Besides we do not fear to advance that, at the time when
he gave this pretended concession secretly and without the knowl-
edge of the inhabitants, he was interdicted by order of the bishop
of Canada, and we do not know if that interdiction is yet removed ;
but all interdictions annul all acts and contracts, which the one,
so interdicted, may have made while it lasted; and consequently
all his powers are annulled.
We ask again of you, our Lords, with all the respect and sub-
mission that we owe to our sovereigns and with all the fidelity
which we have sworn to you, that you grant us the justice, for
which we pray, against all the attacks of M. Pentecoste upon
our property, lands and commons, about which you cannot your-
selves know, unless a person, informed and without partiality,
makes to you a faithful report thereof. Therefore we have
intrusted M. Gabriel Cerr^, merchant of the lUinois, and bearer
of these presents, to give you all the necessary information so
586 ILLINOIS HISTORICAL COLLECTIONS
cissements necessaires afin de nous rendre la justice que de Bons
Et fidels sujets doivent atendre de leurs souverains pour la Con-
servation de nos Biens qui sont a la veille d'Etre en proye a la
voracite du S^ pentecoste, avide de nous depouiller de notre
patrimoine Et nous obliger nous et nos families a faire un deguer-
pissement de tiranie pour nous obliger a Chercher un azile chez
letranger apres avoir Epuise notre sang a metre nos terres En valeur
pour sa rapacite. Nous vous suplions de nous pardonner si nous
nous servons de ces Expressions La lettre quil Ecrit icy nous prouve
assez ses intentions de la quelle nous envoyons copie cy jointe.
Nous vous demandons Nos seigneurs d'Etre maintenus dans
toutes nos pocessions, usages, coutumes Et loix anciennes sans
quaucunne authorite y puisse donner ateinte Et que nous nayant
pas le desplaisir d'Etre soumis a aucunne autre justice des ilinois
connoissant L'incapacite, haine, Et partialite des sujets qui
pouroient lexercer, mais de Nous donner la permission de nous
gouverner nous memes comme nous avons toujours fait.
La cour de ce district des cahos a pris sur EUe de Conceder a
chaque particulier ameriquain ou autres Nouvellement arrivez
En ce pays Et qui veulent sy Etablir dix arpents de terre de
large, sur la superficie de quatre cent quarante arpents, dans notre
district. Nous Nexedons pas cette quantite afin de menager le ter-
rain pour que Chacun puisse En avoir et nous fortifier par le
Nombre d'habitans Et nous metre a labry des incurssions des sau-
vages Nous esperons que vous nous otorizerez a Continuer dans
notre district
Le S^ pentecoste a Envoye icy un procureur arpenteur avec
d'Emple pouvoir pour mesurer Et Borner sa concession qui con-
siste a douze mille arpents de terre ou sont comprises toutes les
notre il doit se metre En devoir de le faire sous peu de jour, cest
a quoy nous formerons notre opositions jusqua ce que nous avons
recu vos ordres que nous esperons authoriser nos opositions Et
nous Confirme dans nos pocessions.
Nous vous suplions Nos Seigneurs de nous Envoyer vos de-
1 Printed in this volume, p. 621.
2 Probably a reference to the Kaskaskians.
MEMORIAL, JULY, 1786 587
that you may render us the justice, which good and faithful sub-
jects should expect from their sovereigns, for the preservation of
our property which is on the verge of being a prey to the voracity
of M. Pentecoste, who is eager to dispoil us of our patrimony and
to compel us to make of ourselves and our families a sacrifice to
tyranny by obliging us to seek an asylum among strangers after
having spent our life-blood in making our lands valuable for his
rapacity. We beseech you to pardon us if we make use of these
expressions ; but the letter which he has written here proves suffi-
ciently his intentions, a copy of which we send joined herewith.^
We pray you, our Lords, that we be maintained in all our
possessions, usages, former customs and laws so that no authority
can do violence thereto and that we may not have the distress of
being submitted to any other court of ^ the Illinois, since we know
the incapacity, spite and partiality of the subjects who might
exercise it;^ but we pray you to grant us the permission to govern
ourselves as we have always done.
The court of this district of Cahokia has taken on itself to
concede to each single American or other, who has newly arrived
in this country and wished to settle here, land in our district of
the width of ten arpents and with an area of four hundred and
forty arpents. We do not exceed this quantity in order to man-
age the land so that each can have some and we may be strength-
ened by the number of inhabitants and so sheltered from the
attacks of the savages. We hope that you will authorize us to
continue to do so in our district.
M. Pentecose has sent here a surveyor as representative with
full power to measure and lay out the boundaries of his con-
cession which consists of twelve thousand arpents of land in
which are included all ours. He is bound to begin to do it within
a few days. That is why we shall issue our injunction until we
have received your commands, which we hope will authorize our
injunction and confirm us in our possessions.
We beseech you, our Lords, to send us your decision on all
the articles of these representations by M. Cerr^, our attorney,
so that we may know to what we are bound.
588 ILLINOIS HISTORICAL COLLECTIONS
cisions sur tous les articles de ces representations par m'" Cerd
notre fonde de pouvoir afin de savoir a quoy nous sommes tenus.
voicy la quatriesme representations que nous avons Eu Ihon-
neur de vous adresser sans avoir jamais recu aucunne reponse
Nous penssons que si vous avez Eu la bontd de nous repondre
tout a Et^ intercept^ au village des Kakakias
Nous atendons tout de votre Bonte, Equite Et integrite.
Permetez Nous Nos Seigneurs de nous dire toujour Vostres
humbles tres obeissants tres soumis Et Fidels Sujets Les mag-
istrats du district des Cahos aux ilinois faisant pour toute la
Communautd des habitants du d* lieu.
aux cahos des ilinois Le 15. juillet 1786.
Trottier J B H La Croix
Mth Saucier A. Girardin
de B Dubuque Commandant
marque + Jh de
La pense Marque + Louis
de Chattelle
Marque + C Alary
Labuxiere to Congress, July 17, 1786.
aux Messieurs du Congres
Messieurs
ayant eu Ihonneur d'avoir Et^ Nomme procureur des Etat
aux ilinois il y a cinq ans au lieu et place du s^ Girault qui occu-
poit cet Employ, depuis ce tems jay pris la liberte de vous
Ecrire quatre fois et de vous rendre compte de ce quil y avoit de
plus interessant aux ilinois soit que mes Lettres ne vous soient
pas parvenues ou que vos Reponses ne m'ayent pas Ete remises,
je n'ay pu savoir si je devoit continuer mes fonctions dans cette
charge, la mesinteligences des magistrats des Caskakias et le
Boulversement des affaires des particuliers occasionnez par quel-
que personnes avide dargent, ma oblige de me retirer avec ma
famille aux cahos ou jay trouve des habitans remplis d'union de
Concorde Et de fidelite aux Etats Et une cour de justice quils
ont soin dadministrer avec Equite a ceux qui la reclame.
1 Papers oj the Old Congress, Ixviii., 25, original manuscript.
LABUXIERE TO CONGRESS, JULY, 1786 589
This is the fourth representation which we have had the honor
of sending you without having received any answer. We think
that if you have had the goodness to answer us, all letters have
been intercepted at the village of Kaskaskia.
We expect everything from your goodness, equity and integrity.
Permit us, our Lords, to call ourselves always your humble,
very obedient, very submissive and faithful subjects, the Mag-
istrates of the District of Cahokia in the Illinois, acting for all
the community of the inhabitants of the said place.
At Cahokia the 15th of July, 1786.
[Signed]
Trottier. J. B. H. Lacroix.
Mth. Saucier. A. Girardin.
of
Mark + Joseph B. Dubuque, Commandant.
Lapance. of
of Mark + Louis
Mark + C. Alarie. Chatel.
Labuxierre to Congress, july 17, 1786.*
To the Gentlemen of Congress,
Sirs: —
Since I had the honor of being named state's attorney at
the Illinois five years ago in the place and stead of M. Girault
who held this office,^ I have taken the liberty of writing to you
four times and of rendering account to you of what there was of
most interest in the Illinois. Either my letters have not reached
you or your answers have not been delivered to me, and I have
not been able to know whether I ought to continue to perform
my functions in this office. The misunderstanding of the mag-
istrates of Kaskaskia and the extreme disorder of the business
of the individuals, occasioned by some persons greedy for money,
have compelled me to withdraw with my family to Cahokia,
where I have found inhabitants filled with unity of peace and
fidelity to the states, and a court of justice which they are careful
See his appointment, supra p. 487; also Post p. 625, note i6.
590 ILLINOIS HISTORICAL COLLECTIONS
si vous jugez Convenable Messieurs que je continue a exercer
cette charge je vous suplie de menvoyer votre commission avec
les instruction que je doit suivre afin de m'y Conformer Et de
meriter laplaudissement Et protection de mes souverain, pour
lesquels je mouray avec fidelite jay Ihonneur detre avec profond
respect Messieurs
Votre tres humble tres obeissant Et fidel sujet
Labuxiere
aux cahos des ilinois le 17. juillet 1786
Public Notice, February 26, 1786.
Le Public est averty que ceux qui voudront prendre des terres
audela de Lequiere des terres de la prairie du pont ait a Se pre-
senter dicy a jeudy prochain deux de Mars, et Se presenteron
a M^ Girardin pour les metre En liste Et Borner les dites terres
pour en faire les Clostures, passe Le tems de jeudy, elles seront
Conceddees a des personnes qui Se Sont deja presentee donne
aux Cahos le 26. fevrier 1786 J B H LaCroix
preside
Lu public et affiche a la porte de I'eglise des Cahos le dimanche
26 fer. et lundy 27 fer par moy huissier soussigne
Pier troge
Agreement between Inhabitants of Cahokia and Tardi-
VEAu, August 27, 1787.
Cotte L Inven'"® soixante Neuvieme.
Sachent tous par ces presentes que les habitants franjais du
village des Cahokias et Ses dependances ayant apointe Barthelemy
Tardiveau ecuyer leur agent aupres du Congres a I'effet de de-
mander et obtenir pour eux la confirmation de leurs anciens droits,
et en outre d'autres concessions de terres dans ce pays des caho-
kias et Ses dependances prometons et nous obligeons, jointement
et Separement, tant pour nous que pour nos enfans males, ou
autres personnes que nous representons, de ceder, quitter, et
abandonner en toute propriete aud^ S^ Barthelemy Tardiveau, ses
1 Chi. Hist. Soc, Cah. Rcc, original manuscript. Transcription by the eJitor.
2 For other references to Prairie du Pont, see pp. 153, 159, 565.
3 Menard Col., Tardiveau Papers, original manuscript. Transcription by the editor.
* Notary's index number.
PUBLIC NOTICE, FEBRUARY, 1786 591
to administer with equity to those who ask its help. If you
judge it fitting, sirs, that I continue to exercise this duty, I beg
you to send me your commission with the instructions which I
should follow, so that I may conform thereto and merit the
applause and protection of my sovereigns, for whom I will die
with fidelity. I have the honor of being with profound respect.
Sirs Your very humble and
At Cahokia of the Illinois faithful subject
the 17th of July, 1786 , Labuxiere.
PUBLIC NOTICE, FEBRUARY 26, 1786.^
The public is notified that those who wish to take up land
beyond the section of the lands of the Prairie du Pont must
present themselves between now and Thursday, the second of
March, and they shall present themselves to M. Girardin to be
put on the list and to have the said lands surveyed for making
the fences thereof. After Thursday, the lands will be conceded
to the persons who have already presented themselves. Given
at Cahokia February 26, 1786.^ J. B. H. Lacroix, President.
Read, published and posted on the door of the church of
Cahokia, Sunday, February 26, and Monday, February 27, by
me, the undersigned huissier. Pierre Troge.
Agreement between the Inhabitants of Cahokia and
Tardiveau, August 27, 1787.^
Page L. inventory sixty-nine.*
Know all men by these presents that [we], the French in-
habitants of the village of Cahokia and its dependencies, having
appointed Barthelemi Tardiveau Esquire, our agent at Congress
for the purpose of petitioning and obtaining for us the confirma-
tion of our ancient rights and furthermore of other concessions
of lands in the country of Cahokia and its dependencies, promise
and bind ourselves jointly and severally as well in our own
names as in behalf of our male children or of other persons
whom we represent, to cede, quit and abandon in full owner-
ship to the said M. Barthelemi Tardiveau, his heirs or assigns
the tenth part of all the grounds and lands, which he shall cause
to be conceded in our favor, other than those which are ours
592
ILLINOfS HISTORICAL COLLECTIONS
heritiers ou ayans causes, la dixieme partie de tous les terreins et
terres quil fera conceder en notre faveur, autre que ceux qui nous
Sont acquise et dont nous Sommes En pocession par les quatre
lieues en quarr^ et sur chaque face qui ont et^ anciennement con-
cedde a la mission et paroisse des Cahokia par M""^ de Boisbriant
et des hursins gouverneur et Commissaire deputez par le Roy de
france En ce pays Suivant la concession que nous en avons en
datte du vingt deux juin mil sept cent vingt deux Lequel dixieme
Sera pour lui tenir lieu de payment de ses peines et Soins, frais
de voyage ou autres; quil fera pour obtenir les dites nouvelles
Concessions; a la condition que, S'il n'obtient Rien, il N'aura
Rien a repeter enver nous pour Ses dites peines, frais, et Soins. il
est Entendu que led* s^ Barthelemy Tardiveau ne poura pas
prendre le dixieme des terres qui lui est accorde pour son paye-
ment dans I'Etendue des quatre lieues en quarre ci dessus men-
tionnes Et qui apartiennent de plain droit a la mission des cahos
et aux particliers. ce qui est Stipule par clause express mais que
le dit dixieme lui Sera donne pour les nouvelles concessions quil
obtiendra pour Les habitants, dans un ou deux emplacements
faisant partie de la concession generale quil pourra obtenir;
pourvu neantmoins que ledit ou les dits emplacements Soient a
peu pres egaux en qualite de terroir et Situation au reste des terres
ainsi obtenues. En foi de quoi Nous les magistrats Et principaux
habitants du village des Cahokias et Ses dependances avons Signe
le present concorda Et a icelui appos^ le Scau de Notre Cour.
fait unanimement aux Cahokias le vingt septiesme jour d'Aoust
L'an mil Sept cent quatre vingt Sept.
[Signed]
f. saucier.
Mth Saucier.
DuCharme.
P. Poupar.
B. Saucier.
At. Girardin.
Louis Gaud.
C Lefevre.
B. Dubuque.
T Brady.
Phillipe Engel.
Pierre Billet.
Pierre La fleure.
Pierre Laperche.
J B H LaCroix.
Bap* Baron,
fr trottier.
J B* aLarie.
Joseph Lambert.
Aug Dubuque.
Henry Byron,
jh BelCour.
CONTRACT WITH TARDIVEAU, AUGUST, 1787 593
and of which we are in possession, in extent four l^eagues square,
which were formerly granted to the mission and parish of Caho-
kia by MM. de Boisbriant and des Ursins, governor and com-
missary appointed by the king of France in this country, according
to the land-grant, which we have, dated June 22, 1722. This
tenth part shall be understood to take the place of payment to
him for his labor and pains, costs of travel and other expenses,
which he shall incur in order to obtain the said new concessions ;
on condition that, if he obtains nothing, there shall be no cause
for action against us for his said labors, costs and pains. It
is understood that the said M. Barth^lemi Tardiveau cannot
take the tenth of the lands, which is accorded him for his pay-
ment, in the extent of the four leagues square mentioned above
which belongs in full right to the mission of Cahokia and to
individuals, and this is stipulated by express clause; but that
the said tenth shall be given as payment for the new concessions
which he shall obtain for the inhabitants, in one or two pieces
of ground making part of the general concession which he
shall obtain; provided, nevertheless, that the said piece or pieces
be nearly equal in quality of soil and situation to the rest of the
lands thus obtained. In faith of which we, the magistrates and
principal inhabitants of the village of Cahokia and its depend-
encies have signed and thereto set the seal of our Court. Done
by unanimous consent at Cahokia the twenty-seventh day of
August, 1787.^
[Signed.]
Ant. Girardin.
Louis Gaud.
C. Lefevre.
B. Dubuque.
. T. Brady.
Philippe Engel.
Pierre Billet.
Pierre Lafleur.
Pierre Laperche.
F. Saucier.
Mth. Saucier.
DuCharme.
P. Poupar.
B. Saucier.
[Seal, three -fleur-
de-lis with crown
above]
J. B. H. LaCroix.
Bte. Baron.
Fr. Trottier.
J. Bte. Alarie.
Joseph Lambert.
Aug. Dubuque.
Henry Biron.
Joseph BelCour.
' In this same collection, the Tardiveau Papers, there are similar agreements made with
the inhabitants of Vincennes and Kaskaskia and with the American settlers.
594 ILLINOIS HISTORICAL COLLECTIONS
Inhabitants of Cahokia to Tardiveau, September i, 1787.
Cotte L. Inv^e. soixante quatorzieme.
Monsieur
Nous avons recu les pieces que vous nous avez adress^es.
Nous Nentendons Et ne sommes Convenus avec vous que de
vous donner le dixieme sur les terres qui nous seront nouvellem^
Conceddees par le congre pour nous et nos Enfans males, mais
non pas dans les terres dont nous sommes deja En pocession qui
Sont Enclaves dans notre Seigneurie des Cahos, dont nous avons
un titre Suffisant de la dite Seigneurie de quatre lieues en quarre
Et de laquelle nous ne Croyons pas avoir Besoin dautre Confir-
mation, cest pourquoy nous Exceptons ce dixieme sur les quatre
lieues de ladite Seigneurie qui nous apartien par le titre que nous
En avons et que nous croyons navoir pas Besoin detre confirme,
tant qu'aux nouvelles concessions hor de notre Seigneurie que
vous voudrez Bien nous obtenir nous sommes toujour d'accord
Et Convenons de vous en donner le dixieme dans un Endroit ou
deux pour vu toutes fois que cela Soit hors de notre Seigneurie
par conventions expresse nous nentendons pas payer aucunes droits
rentes redevances ni impots p^ les terres que vous nous obtiendres
du Congre cela nous deviendroit trop onereux par la suite.
Nous vous prions dexcepter dans la procuration les pouvoir
que nous avons donne a M^ Cerre que nous nentendons point
Ennuler et qui ne concernent que la propriete de notre Seigneurie
et commune p^ tous autres pretendus pouvoir donnez par nous,
nous les desavouons comme faux Et ayant Ete fabriques hor de
notre connoissance. Nous ne trouvons que ce Changement a
faire dans le concorda Et dans la procuration p. larl. qui concerne
les pouvoir donnez a M'" Cerre.
Nous avons Ihoneur d'Etre respectueusement et avec atache-
ment.
Monsieur
Votre tres humble et tres
obeissant serviteurs
1 Menard Col., Tardiveau Papers, original manuscript. Transcription by the editor.
2 Notary's index number.
3 See supra, p. 585.
LETTER TO TARDIVEAU, SEPTEMBER, 1787 595
Inhabitants of Cahokia to Tardiveau, September i, 1787.^
Sir:
Page L. inventory seventy-four.^
We have received the documents which you have sent us. We
intend and have agreed with you to give you only the tenth of
the lands which shall be newly conceded by Congress to us and
our male children, but not of the lands, of which we are in pos-
session already and which are included in our seigniory of Caho-
kia, for which we have the sufficient title of the said seigniory for
four leagues square and for which we do not believe that we have
need of other confirmation. This is the reason that we except
this tenth from the four leagues square of the said seigniory,
which belongs to us by title-deeds which we have and which we
believe have no need of being confirmed. In regard to the new
concessions outside of our seigniory, which you wish to obtain
for us, we are always in agreement and do agree to give you
the tenth in one or two pieces, provided, nevertheless, that it is
outside of our seigniory. By express convention we do not un-
dertake to pay any duties, rents, dues or imposts for the lands
which you obtain for us from Congress. That would become
too onerous in the end.
We beg you to except in the power of attorney the powers
which we have given to M. Cerre, which we do not intend to
annul and which concerns only the ownership of our seigniory
and commons.^ As for all other powers, claimed to be given by
us, we disavow them as false and as having been fabricated
without our knowledge."* We find only this change to make
in the agreement and in the particular power given to M.
Cerre.
We have the honor of being respectfully and with attach-
ment,
Sir
your very humble and very
obedient servants.
* A reference to the agent of the French party of Kaskaskia, Parker, who had been given a
copy of a former petition of the people of Cahokia without consulting them. See Introduction,
p. cxxx. and also p. 567, n. 2.
596 ILLINOIS HISTORICAL COLLECTIONS
[Signed]. aux cahos le 7 7^^® 1787.
f . saucier. DuChai^ne.
A* Girardin. Phillipe Engel.
Mth Saucier. B Saucier,
fr trottier.
Nous ne vous prions de faire En sorte dobtenir les terres,
prenant depuis la rivierre de Laigle En remontant le mississippy
du Coste du Nord-Est.
nous avons refait la procuration ainsi que le concorda que
nous esperons que vous agreerez.
Nous vous prions de nous Envoyer au recu de la procuration
et du concorda, a moins que vos occupations ne vous permetent
de nous En Envoyer un double.
[Addressed] A Monsieur
Monsieur Tardiveau
Commissaire pour le Congre du present
aux Caskaskia.
Address by Robert Watts, September 14, 1787.
Adresse Faite a la Cour des Cahos, Seance tenant par Robert
Watt Commandant nome par icelle au Lieu apele le Grand ruis-
seau dans Sa dependance & District.
Messieurs:
Ce n'est Point ma propre Cause qui me traduit aux pieds de
votre auguste assemblee^ C'estCelledevotresurete
votre repos, votre justice & bien mieux Encore Celle de votre
Supreme autorite que rien ne devroit alterer ny ebranler; &
c'est Cependant Messieurs Ceque le desordre vient d'enfanter
anjourdhuy.
Si vous m'aves comissioner pour soutenir votre Justice en
veillan pour vous Sur la Surete publique & Sur le repos et les
demarches de Cette poignee d'habitans qui Compose & forme
le petit vilage du Grand ruisseau, Je ne dois pas vous laisser
1 The postscript appears to be written in a different handwriting from the body of the letter,
but this ditference may be due to a change of pen. The "ne" of the first paragraph is an
insertion, and may be a mistake or a forgery. If so, the clause would be positive instead of
negative, as given in the translation.
2 Chi. Hist. Soc, Cah. Rec, original manuscript. Transcription by the editor. There is
a copy of the same by the clerk in the Menard Col., Tard. Papers.
3 The dots are in the original.
WATT'S ADDRESS, SEPTEMBER, 1787 597
At Cahokia, September 7, 1787.
[Signed]
F. Saucier. DuCharme.
Ant. Girardin. Philippe Engel.
Matt. Saucier. B. Saucier.
Fr. Trottier.
We do not pray you to act so as to obtain the lands which
extend from the Eagel River up the Mississippi on the north-east
side.
We have remade the power of attorney and also the agreement,
which we hope that you will accept.
We pray you to send us notice on receipt of the power of attor-
ney and agreement, provided your work does not permit you to
send a duplicate thereof.^
[Addressed] To Monsieur Tardiveau
Commissioner to Congress
at present at Kaskaskia.
Address by Robert Watts, September 14, 1787.'^
Address made to the Court of Cahokia in session by Robert
Watts, Commandant, named by the Court, at the place called
Grand Ruisseau, in its dependency and district.
Sirs : —
It is not my cause which calls me into the presence of your
august assembly ^ It is that of your security, your
peace, your justice and far better still that of your supreme
authority, which nothing should alter or disturb; and yet, gentle-
men, it is that which disorder is about to bring forth to-day.
If you have commissioned me to sustain your justice in watch-
ing for you over the public security and over the tranquility and
activities of this handful of inhabitants who compose and form
the little village of Grand Ruisseau, I ought not to allow you to
remain ignorant a longer time, gentlemen, that there is among
us one whose would-be pretentions are directed towards weaken-
ing and diminishing your authority, that authority which
has always maintained peace and harmony, that which the
estates of Virginia even have deigned to respect in giving it their
598 ILLINOIS HISTORICAL COLLECTIONS
ignorer plus longtems Messieurs qu'il en est parmi nous dont les
pretentions Soit disant, se portent a affoiblir et dininuer votre
autorite, elle qui a tour jour Maintenue la paix et
L'harmonie, elle que les etats de Virginie meme ont daigner
respecter en I'aprouvan deslors, elle que ces memes etats reconoi-
tront toujour Pour Cooperer a la gloire des etats unis.
De quel oeil apres des droits aussi bien Ciment^r et emandr
Poures vous voir Messieurs I'atentat et I'infraction que L'on Comet
aujourdhuy sur vos pouvoirs.
un Sieur piquet, Come chef de parti dans la Cabale du Grand
ruisseau, vient de me d^vestir des titres & qualit^s Dont J'etois
honor6 par votre respectable Cour, & sur I'enquette que je me suis
hate de faire des Causes d'un procede Pareil, un Certain roger
home sans nom & sans honeur auroit vilainement abus^ tout Ce
qui emane de votre autoritd au moment ou mon devoir m'oblig-
eoit de prendre la deffence de votre auguste Cour dans la Con-
servation de ses droits & de ses privileges.
Passeries vous sous silence Messieurs, des Iniquitds qui vont
jusqu'a blesser L'autorite la plus respectable; Ce n'est
plus la votre dont II est question en ce moment, c'est Celle Mes-
sieurs des etats de Virginie que vous deves deffendre, C'est elle
qui est offence dans le Corp respectable qui vous assemble ici,
Car vous n'etes a Cet dgard que L'image de Leur Justice Come
Je ne suis au votre que I'electricit^ de vos Volontes.
Si tant dTnsubordination devenoit Inpunissable que Devien-
droit par la suitte votre Surete, vos droits inalterables vos Families
& vos biens; ne vous rendries vous Comptable Envers dieu en vers
les homes, vous en qui chaque Cytoyen doit placer sa Confiance
par la surete quils ^tablissent dans les droits qui vous apartienent
& que loin de laisser oisifs, deves au Contraire dans des besoins
aussi pressants faire eclater d'une Maniere propre a dtouffer
dans sa naissance le danger evident de voir chaque Cytoyen et
vous meme Messieurs, devenir le jouet d'une Soit disante Cour
Cr^e & Innove sans autorite & sans pouvoir dans le lieu de la belle
1 For the history of Grand Ruisseau and Bellefontaine, see Introduction, p. cxlix., and
also pp. i8q, n. 2, 219, 307.
WATT'S ADDRESS, SEPTEMBER, 1787 599
approval thenceforth, that which these same estates recognize
always as co-operating to the glory of the United States.
With what eye, after rights so well strengthened and emanated,
can you see, gentlemen, the outrage and infraction, which is
being committed to-day on your powers?
A certain M. Piggott, as party chief in the cabal of Grand
Ruisseau, has just divested me of the titles and qualities with which
I was honored by your honorable Court; and at the enquiry,
which I hastened to make in regard to the causes of such a pro-
ceeding, a certain Rogers, a man without name and without honor,
has villainously abused all that proceeds from your authority at the
moment when my duty obliged me to take up the defence of your
august Court in the preservation of its rights and its privileges.^
Would you pass in silence, gentlemen, iniquities which go as
far as to wound the most honorable authority ? It is no longer
yours which is in question at this moment; it is, gentlemen,
that of the estates of Virginia which you ought to defend. It is
that which is offended in the honorable body which assembles
you here; for in this respect you are only the image of their jus-
tice, just as I am for yours the electricity of your wills.
If such insubordination were to be unpunishable, what would
in consequence become of your security, your unalterable rights,
your families and your property? Would you not render your-
selves accountable to God and to men, you in whom each citizen
should place his confidence through the security, which they
establish, in the rights which belong to you, and which far from
permitting ease, you ought on the contrary in needs so pressing
to make blaze out in a manner calculated to destroy in its birth
the danger, obvious to every citizen and to you also, gentlemen, of
becoming the sport of a would-be court, created and innovated with-
out authority and without power in the locality of Bellefontaine,
where the assemblies must be convoked in order to judge definitely
on all that shall be carried before their would-be tribunal.^
Is there not therein a formal defiance made to the most sacred
authority ? Is that not a violation of the submission which is due to
2 Commandant Watts' knowledge of French is not always equal to his Ciceronian oratory,
and the result is at times obscurity of meaning.
6oo ILLINOIS HISTORICAL COLLECTIONS
fontaine & ou les assembles Poivent Se Convoquer pour juger
definitivement sur tout Ce qui Sera port^ a leur Soidisan tribunaL
N'est ce pas la un mepris Formel fait a I'autoritd la plus sacr^,
n'est ce pas enfreindre la soumission que I'on doit au Sanctuaire
le plus Saint, n'est ce pas abuser ouvertement de la Constitution
Fondamentale des etats unis; ou est le droit des Gens ou est La
Surete publique, ou est I'amour de la patrie & ou est Enfin cette
autorite absolue qui apartieri a notre metropole; deves vous
Messieurs En areter Le Cours Je vous le demande!
Craignes Cet orage qui grpnde deja sur vos tetes, Craign^s le feu
dangereux dont vous deves redouter les dtincelles, Craignes vous
dis Je Messieurs, Cet attentat aux loix & a L'etats, &l Nous vous
verons bientot repondre sur chaque individu la Justice que vous
leur deves, au moment surtout ou chaque Fidel Cytoyen eleve sa
voix & qu'il s'adresse a vous pour atirer vos bontes sur les mal-
heurs que Fomentent toujours le Desordre & L'insubordination.
Qui Messieurs J'entrevois vos regards Favorables sur des
Evenements qui nous touchent toute en particulier, & dont les
suittes ne scauroient etre que luneste, Je vous vois areter Le danger
d'une Conduite aussi ireguliere dans une poignee d'etres erans,
qui n'ont pas dedaigne de vous demander un asile & une retraite
lorsque leur propre partrie etoit sourde a leurs besoin, Je vous
vois dis Je rompre le silence & reprimer le Coupable audace
Empreinte du Crime de leze etat; que votre Justice Se mani-
feste & qu'elle eclate & Ce Sera pour vous une augmentation
a la gloire que vous deves aux etats & un monument a vos bontes;
mais sices m ernes bontes Passoient Sous Silence depareils attentats,
vous veries bientot Fouler aux pieds vos droits & votre equite.
C'est pourquoi Messieurs qu'apres avoir mis Sous vos yeux
La position Fatale d'une circonstance dangereuse, J'ai tout lieu
d'esperer, Non Come membre particulier des representation que
J'expose a votre Cour, mais Comme Charge de la part De toute
Ceux qui respectent vos droits & vos Immunites, davoir pour
agreable de Faire transporter Le S^ Piquet habitant dans votre
district du grand ruisseau, pour le reprimer Dans Ses d-marches,
lui defendre d'exercer & De S'eriger en Soidisan Magistrat et
WATT'S ADDRESS, SEPTEMBER, 1787 601
the most sacred sanctuary ? Is that not an open abuse of the funda-
mental constitution of the United States? Where is the right
of the people ? Where is the public surety ? Where is the love of
country and where finally is that absolute authority which
belongs to our metropolis? Ought you not to stay its course?. .
I demand it of you ! Do you fear this tempest which rum-
bles already over our heads; do you fear the dangerous fire, the
sparks from which you ought to dread; do you fear I say, gen-
lemen, this outrage on the laws and the estates.; and we shall see
you soon answering to each individual for the justice which you
owe him, at a moment especially when each faithful citizen is
raising his voice in appeal to you to attract your benevolence to
the evils which are always fomenting disorder and insubordination !
Yes, Gentlemen, I catch a glimpse of your looks favorable to
the events which affect us all and severally, and the results of
which could be only fatal ; I see you stay the danger of a conduct
so irregular in a handful of erring beings, who have not disdeigned
to ask of you an asylum and retreat, when their own country was
deaf to their needs; I see you, say I, break the silence and repress
the sinful, bold crime of high treason. Let your justice be made
manifest and let it blaze forth and there will be for you an increase
in the glory which you owe the states and a monument to your
benevolence; but if this same benevolence should pass in silence
such outrages, you would soon see your rights and your justice
trampled under foot.
That is the reason, gentlemen, why, after having placed before
your eyes the fatal position of a dangerous event, I have
every reason to hope, not as a particular member of the representa-
tion which I am setting forth to your Court, but as intrusted by
all those who respect your rights and immunities, that you will
determine to cause M. Piggott, inhabitant in your district of Grand
Ruisseau, to be transported in order to restrain his activities, and
to forbid him to exercise the duties of and set himself up as a
would-be magistrate and justice of the peace in the w^ole depart-
ment and dependency of your Court, on pain of being treated as
an insurgent and rebel to the United States and of being from now
6o2 ILLINOIS HISTORICAL COLLECTIONS
Juge de paix Dans tout le ressort & dependance de votre Cour a
peine d'etre traite comme Infractaire & rebel aux ^tats unis,
D'etre meme d^s a present regarde comme traitre a vos volontdes
& Constitutions, moriginer & molester en tant que de besoin Le
Nom^ benjamin roger habitant au meme lieu du grand ruisseau,
pour avoir m^pris^ & mal parl6 de la Cour ici presente En Con-
sequence Le faire transporter par devan votre ditte Cour Pour
L'en faire retracter & lui en faire Demander & prononcer les
Excuses Suivant L'dxigence du Cas ou telles autres Soumissions
que Jugeres convenables pour la Satisfaction au respect qui
apartien a votre Cour, apres quoi Messieurs qu'il vous plaise lui
ordoner reparation Envers Moi de la Grievet^ de Ses Insultes
dans les moments Surtout ou Mon devoir m'obligeoit de Soutenir
le droit I'honeur & I'interest de votre auguste Cour.
et pour qui les choses ayent tout L'effet que la Surete publique
a lieu d'atendre de vos bontes, prendre Conoissance Messieurs des
motifs qui ont done lieu aux habitants de la belle fontaine D'in-
nover une Cour independante de la votre, sans autorite a cet
effet, sans droits sans soumission sans reserve & sans exception;
(triste presage Messieurs lorsque le Germe de I'honeur a besoin
d'une loy plus pressante & plus proche que la votre pour le faire
eclore), ou bien Messieurs est ce pour
prendre chacun Son essort ou bien encore est Ce pour enfreindre
votre Justice & vos droits, ou plustot Messieurs en S'eloignant du
Centre de votre autorite gravitante, est ce pour Secouer le joug
& mepriser les bontes que vous aves en tout tems repandu sur
chaque Individu; voila les effets de la reconoissance que vous
offrent ceux que la nature avare a transplants dans vos climats
puissiSs vous Messieurs en developan vos droits & votre au-
torite, faire Germer, dans touts les Coeurs, les Sentiments inal-
terables qu'inspirent le respect & I'attachemant qui est du a
votre auguste Cour; C'est bein Celui Messieurs qui m 'oblige
De vous dire Combien Je ne Cesserai Jamais d'etre avec tout
Celui qui vous apartien
Messieurs Le plus humble et le plus affectione de vos cytoyens
Aux Cahokia le 14 de 7^^"^ 1787. Robt. Watts
WATT'S ADDRESS, SEPTEMBER, 1787 603
on regarded as a traitor to your will and constitution ; and to repri-
mand and punish, in so far as there is need, the named Benjamin
Rogers, inhabitant of the same place of Grand Ruisseau, for
having defied and badly spoken of the Court here present, and
consequently to have him brought before your said Court in order
to make him retract and to make demand of him therefor and
to cause him to make his apology according to the exigences of
the case, or to do such other acts of sumbission as you shall judge
suitable to satisfy the respect which belongs to your Court; after
which, gentlemen, that it please you to order him to make repara-
tion to me for the heinousness of his insults made at the moment
specially when my duty obliged me to sustain the right, honor
and interest of your august Court.
And in order that the affair may have all the effect which the
public has the right to expect from your benevolence, I hope that
you will take cognizance, gentlemen, of the motives which have
caused the inhabitants of Bellefontaine to inaugurate a court
independent of your own, without authority to do so, without
rights, without reserve and without pleas, (sad omen, gentlemen,
when the germ of honor has need of a law more urgent and nearer
than yours to make it develop) ... or indeed, gentlemen, it remains
for each to make his own flight, or indeed, again, to violate your
justice and your rights, or rather, gentlemen, drawing away from
the center of your weighty authority, to shake off the yoke and defy
the benevolence which you have at all times diffused for all pers-
ons ; such are the consequences of the gratitude, which those whom
miserly nature has transplanted into your climate, are offering you.
May you be able. Gentlemen, by developing your rights and
your authority, make germinate in all hearts the unalterable senti-
ments, which inspire the respect and attachment which are due
your august Court! It is indeed that, gentlemen, which obliges
me to tell to you how I shall never cease to be in all that which
appertains to you,
Gentlemen, the most humble and affectionate of
your citizens,
At Cahokia September 14, 1787. Robt. Watts.
6o4 ILLINOIS HISTORICAL COLLECTIONS
Sentence against Piggott and Rogers, September 17, 1787.
La cour du district des Cohos assemblee Sur Les representa-
tions a elle faites par le S'" Robert Wath commandant Etably par
ladite Cour, au grand Ruisseau en datte du quatorze de ce mois
par laquelle il nous declare et nous previent de L 'attentat et
insubordination qui tend a une Conjuration populaire de la part
des habitants americains du grand Ruisseau et de la ballefontaine
tendante a Se Soustraire a la justice de cette Cour et L'aneantir
par la suite, En Sarogeant Sur nos terres un droit d'independ-
ance Et Envahir notre authorite et privileges Et Nomement le
nommee Jacques piquet habitant du grand Ruisseau En la de-
pendance de ce district acuse de S 'etre immisse En magistra et
juge de paix en celle pretendue Soit disante jurisdiction au mepris
de notre cour, Et le nomme Benjamain Roger aussi habitant
dud* lieu du grand Ruisseau pour avoir meprise par termes des-
places la personne du S^ Wath que son devoir obligeoit de Soute-
nir nos interest et les droits de notre Cour, et avoir voulii avillir
nos ordres. Le tout examine Et considere la Cour deffend tres
expressement aud* piquet de Sassembler doresnavant a la belle-
fontaine pour y tenir aucunne Seance ny former aucunne justice
ny mil ice independante de la Cour des Cahos a peine d'Etre
Chasse de ce district et Ses Biens Confisques a qui il apartiendra.
Et pour avoir accepte dans ladite assemblee tenue entreux Sans
permission ny authorite la place de magistra Et juge de paix. la
cour la condamne a Etre mis aux fers En ce village pendant
lespace de vingt quatre heures Et condamne a pareille peine led*
Benjamain Roger pour son manque de respect tant Enver notre
Cour. que enver led* S^ Wath Lesquels Seront a la garde de
notre huissier a leurs frais Et fera led* Benjamain Roger excuses
Convenables la Cour presente aud* S^ Wath ce qui sera execute
donne En Cour le dix sept Septembre mil sept Cent quatre vingt
Sept. Signe - pierre Laperche - B*^ Saucier - Philipe Engel -
ducharme - fs Saucier presidant.
Labuxiere grefier.
La presente Sentence a Ete Execute le meme jour
Cotte L Invre soixante quinzieme
1 Menard Col., Tardiveau Papers, original manuscript. Transcription by the editor.
THE COURT'S JUDGMENT, SEPTEMBER, 1787 605
The Sentence against Piggott and Rogers, Sept. 17, 1787.^
The Court of the District of Cahokia assembled, on the
fourteenth of this month, to hear the representations made to it by
M. Robert Watts, commandant estabUshed by the said Court at
Grand Ruisseau, in which he makes accusation in informing us
of the outrage and insubordination, which tend to a popular con-
spiracy on the part of the inhabitants of Grand Ruisseau and
Bellefontaine, in order to escape from the jurisdiction of this
Court and to annihilate it finally, by arrogating to themselves a
right of independence on our lands and by encroaching on our
authority and privileges ; and he has accused especially the named
James Piggott inhabitant of Grand Ruisseau, in the dependency
of this district, of having thrust himself into the ofl&ce of magis-
trate and justice of the peace in this pretended and would-be
jurisdiction to the defiance of our Court; and the named Benjamin
Rogers, also inhabitant of Grand Ruisseau, of having scorned by
offensive terms the person of M. Watts, whom his duty compelled
to support our interests and the rights of our Court, and of having
wished to dishonor our orders : after all was examined and con-
sidered, the Court forbids very expressively the said Piggott to
call assemblies henceforth at Bellefontaine for the purpose of
holding any session there or of devising any justice or militia
independent of the Court of Cahokia, on pain of being driven from
this district and of the confiscation of his property, for whom it
shall concern ; and for having accepted the position of magistrate
and justice of the peace in the said assembly, held by the people
without permission or authority, the Court has condemned him
to be placed in irons in this village for the space of twenty-four
hours; and it condemns to a like punishment the said Benjamin
Rogers for his lack of respect both towards our Court and tow^ards
the said M. Watts ; and they shall be in the custody of our huissier
at their own expense; and the said Benjamin Rogers shall make
in the presence of the Court suitable apologies to the said M.
Watts; for which there will be execution. Given in Court the
seventeenth of September, 1787. Signed, Pierre Laperche, Bte.
Saucier, Philippe Engel, DuCharme, Fr. Saucier, president.
Labuxiere, Clerk.
The present sentence has been executed the same day.
Page L, inventory seventy-five.
6o6 ILLINOIS HISTORICAL COLLECTIONS
Ordinance of the Court of Cahokia, July 5, 1789.
De la part de la Cour du district des Cahos.
La Cour ayant examine que les circonstances ou se trouve ce
village par les mauvaises intentions ou Sont les Sauvages contre
nous qui Se manifestent depuis longtems, tant par 1 'assassin de
plusieurs personnes aux Environs de ce village que par 1 'Enleve-
ment continuel de nos chevaux et autres insultes commises par
ces Barbares aux quelles il nous est presque impossible de nous
oposer par le manque de force; nous trouvant continuement ex-
poses a la fureur des partis qui viennent journellement Sur nos
terres et Sur les chemains, pour y tuer et enlever les chevaux
ce qui expose les habitans a etre massacrez en faisant leurs
travaux Et nous met hors d 'etat de pouvoir Sortir Sans courir les
Risques de la vie.
Cest pour prfevenir les dangers ou nous sommes exposez par
les sauvages qui viennent en ce village Sous le voile de L 'union
et de L'amitie et qui en S'en retournant, tuent, pillent, et En-
levent les chevaux que la cour cherche les moyens de Remedier
aux malheurs qui nous Environnent.
a cette fin par deliberation de laditte cour elle fait expresse-
ment deffences a toutes personnes de telles qualite et condi-
tions et profession quelles soient et Sous tel pretexte que ce
puisse etre Sans pouvoir aleguer aucunes raisons; de vendre
traiter ni debiter aucunes Boissons Enivrantes aux Sauvages qui
viendront au poste des Cahos Soit tafia ou autres liqueurs que ce
puisse etre, faisons aussi deffences de leur traitter de la poudre,
Balles, munitions et armes non pas meme en present a peine
de cent piastres demande payable contant Sans moderation, de
confiscation des Boissons, poudre, munitions et armes qui Se
trouveront ches eux pour vendre Et d 'etre chassez de ce district
a perpetuite Sans esperance de pouvoir y revenir Enjoint ladite
Cour a tous ceux qui auront connoissance des contrevenants de
nous en avertir ou de les declarer au greffe a peine de se rendre
complice Et ceux qui reserveront des Sauvages ches eux seront
tenus den avertir le commandant a peine de prison aussi tost leur
arrivee ce qui sera execute et la presente sera lue publi^e Et
ORDINANCE, JULY, 1789 607
Ordinance of the Court of Cahokia, July 5, 1789.^
On the part of the Court of the District of Cahokia.
The Court having considered that the circumstances in which
this village finds itself on account of the evil purposes which the
savages have against us,'' which are shown, since a long time, both
by the assassination of several persons in the neighborhood of
this village and by the continual stealing of our horses and by
other insults committed by these barbarians, to whom it is almost
impossible to make opposition on account of the lack of military
force; and finding ourselves continually exposed to the fury of
the parties, which come daily on our lands and roads for the
purpose of killing persons there and of stealing the horses, which
exposes the inhabitants to being massacred while at work and
makes it impossible for us to go out without risking our lives:
It is to prevent the dangers to which we are exposed from the
savages who come to this village under the veil of union and
friendship and who, on returning, kill, pillage and steal the horses,
that the Court seeks means to remedy the evils which surround us.
To this end, by resolution of the said Court, it is expressly
forbidden all persons of what quality, condition and profession
soever and under any pretext whatsoever, without the possibility
of excuse, to sell, trade or sell at retail to the savages any intoxicat-
ing liquors of any sort ; we forbid also trading with them in pow-
der, bullets, ammunition and arms or giving them even as pres-
ents, on pain of one hundred piastres fine payable in cash with
out mitigation and of confiscation of the liquors, powder, ammuni-
tion and arms, which shall be found at their houses for sale, and
of being driven from this district forever without hope of being
able to return. The said Court enjoins all those who shall have
knowledge of offenders to inform us thereof or to denounce them
at the office, on pain of rendering themselves accomplices; and
those who receive savages at their house shall be held to notify
the commandant thereof as soon as they arrive, on pain of
prison, for which there will be execution; and the present shall
1 Chi. Hist. Soc, Cah. Rec, original manuscript. Transcription by the editor.
2 At the close of this period there was ahuost continuous Indian war.
6o8 ILLINOIS HISTORICAL COLLECTIONS
affichee demain dimanche a la porte de leglise aux Cahos le 5
juillet, 1789.
Sa hBi fr Trottier
Louis + Chatel Philipe Engel At Girardin.
marque Pierre Laperche
DuCharme
ORDINANCE, JULY, 1789 609
be read, published and posted to-morrow, Sunday, on the door
of the church of Cahokia, July 5, 1789.
[Signed]
his
Louis + Chatel hBi F.Trottier.
mark Philippe Engel. Ant. Girardin.
DuCharme. Pierre Laperche.
CAHOKIA DOCUMENTS.
ENGLISH
Joseph Bowman to G. R. Clark ^
Kahous May 28*^ 1779
Dear Sir
I Received you letter by M^ Charleville Which affords me
the Greatest satisfaction to hear of The Arivel of Coll° Mon-
gomery & his success that I now can Rest Contentedly with
Reguard to haveing success on our Intended Expedition. Our
old saying was Everything Happens for the best, had CoP Mon-
gomery arived soon^ perhaps he wood have been Expencive
with Reguar to provisons I Expect we shall be furnish^ with
Every Necessary Requir^ from this Post without makeing use of
the Last Argument which affords me the greatist Pleasure to find
that the Inhabitans seame desireous of furnishing what Lies in
their Power, which I hope will Recommend them much to your
Honour, M^ Shannon will Write to you more fulley upon that
Head.
M^ Langtoe^ is Just Arived with all the good news We could
Expect from above and will be with you in A few days. Peace
& Quietness seams to be Establish^ Amongst the Indians in
General, I have Just now Dismist a party of the Pottewottemies
with Content &c. be Assure'^ of a Company of Vollenteers from
here & Expect the Same with you : I am D^ S^ with Respect your
&c.
Jo^ Bowman
[Addressed]
ColP Go. R Clark Esq'" Commander
in Cheif of the western Department
Pr M^ Pappae Kaskaskia
^Dr. MSS., 49J45, original manuscript.
2Linctot.
r.io
BOWMAN'S LETTERS ^ 6ii
Bowman to G. R. Clark*
Kahous May 28*^ 1779
Dr Sir,
It gives me Pleasure to Inform you of the bravery of the Volen-
teers at this Place that after aplication was made to them for their
Assistance, in less than twenty four Hours turnd out A Company
larger than the other who hath Chosen M^ Langto for their Capt"
they with a few others that are Ingag^ for Bullock Driveing &c
amounts to forty odd men notwithstanding twenty odd of the Last
Companey of Volenteers are Away, that had not that been the case
I wood have asure^ You 60 men at Least. It was with great
dificulty I Could Restrain maney of the old Married people from
turning out With us as I New the Circumstance of their families
would Not Permitt them to be absent. I think you may depend on
fifty at aney Rate; At first I was afraid Cap*^ Langtoes Appoint-
ment would Interfair with his other buisness. but — As he seams
desireous to take his Rout by way of the Islinois River and to meet
us at Ouiaws on the wabash in order to Recruit more m^h I think
it wood answr Every purpose we could Requir, which Rout I hope
youl grant him unless you should think it Quite Inconsistant.
He farder purposes to purchace about forty Horses on his way for
the state which will be wanting in case the waters Should be low,
the Horses mought be purchased to a — Considerable Advantage,
if so he will Require some goods And Taffee for his Voyage; he has
furnish'i us with some pelteries which is Apply^ for the use of pur-
chaceing provisions &c. he will wait upon you to Receive Your
Orders. In order to Direct himself Accordingly he brought down
five or Six Horses wich he has Delivered to Cap*^ Shannon but
None that would answer you so well as your Own, As to a state of
Provisions &c; you^ be inform^ by Cap*'^ Shannon; If nothing
Particular should Call for me I shall wait your farder orders, as
my Presence here will be much require^ with Regaurd to forward-
ing Every thing from this Place — If aney thing Else should be
Requir^ you^ be Please*^ to Acquaint me, the measure I am
Oblig^ to, At Present does not altogether agree with my Constitu-
1 Dr. MSS., 49J46, original manuscript. Preparations we.-e beia;? made for the proposed
expedition against Detroit.
6i2 ILLINOIS HISTORICAL COLLECTIONS
tion for you may depend upon it that I have Not been Idle, I have
Inclos^ you a Coppy of the Inventory of Every article that I have
taken out of the Contine tie [MS. imperjed] Store at S* Louis
which I drew from my Rec ts [MS. imperfect] & afterwards
Presenting of it to M^ Bosalee he Refused to take it, for what
Reason I know not.
My Compliments to Col° Mongomery and the Gentlemen
Officers Likewise to the Volenteers and am In hopes to find them
air in Readiness for a march.
I am D^ S^ your most Obd^ friend & Humb^ Se^
Jo^ Bowman
[Addressed]
ColP G. R. Clark Esqr.
Commander in Cheif of the western Department
Kaskaskias
Received 31st of May 1779
Bowman to G. R. Clark ^
Kahous June 3^. 1779
Dear Sir
By the bearer M^ I have Just received the follow-
ing Inteligence from Micha^ M^anoy^ who Informs me that he
left that the 8^ of April Last with permition to go as far as Labai
with orders to Longloid & Gouchey from Maj^ Depoister forbiding
them from Raising aney more Indians against the americans that
Maj^ Depoister has but forty men and 100 at Detroit by Report,
the Indians Informes them of our armey beeing near Detroit that
in two days they Can fetch in a scalp from our People, he on his
way here Receiv'^ the kindest treatment from the Indians who seam
Intirely dispos*^ in our favor he has brought with him a large
Quantity of goods that was Conceald to him by M^ Bentley who
was to start in ten days after him in case he could obtain A permitt
otherways he wood make his Escape the best way he could
I begin to be Impatiant to start and am In hopes by Next mon-
day to make a move with Everything from here with hoops of
1 Dr. MSS., 49J49, original manuscript.
^ Michillimackinac.
BOWMAN'S LETTERS 613
finding you all in Readiness for a start which I make not the least
doubt of; if in case your purchacers has been as buis [MS. torn]
Imploy^ as we where. I expect Mr Shannon back Every hour.
The weather begins to grow warm & the waters Low so that no
time Ought to be lost with regaurd to preparing Every Necessary
required for oiu: Expedition, pray make Every officer Exert himself
as I have been obliged to do, as much depends on Industry, their
is maney Thanks to be paid to the Inhabitants here, as they have
Spaird their Cattle & Horses past Expectation they have furnish^
Every fifth head of Cattle instead of the tenth, which amounts to
80 odd 40 odd Horses & 150000 ^^ of Flower with [MS. torn] ing
to press one thing.
The reason of not getting more Flower from this Place is owing
to the scarceity, as their has been sold out of this town since your
Departure from here between twenty and thirty Thousand weight
I am afraid that Unless you send up a boat for the flower I shall
be disappointed I have had the offer of severl Bark boats but none
of them in order, or strong Enough to trust A Load in,
My respects to the Gentlemen officers whilst I remain D^ S^
your most Obd* friend & Hum^® Se^
Jo^ Bowman
N B in my letter instead of orders forbiding the Indians to be
rais^ against the Americans they are cauld for to Micha^ M^'anoy
to a counsel.
[Addressed] CoP George Rogers Clark
Command^ in cheif of wes^™ Depr*
pr M^ pravoe Kaskasias
Received 5*^ June 79
Bowman to G. R. Clark. ^
Kahous June 6*^ 1779
Dear Sir
I Expected to start from here tomorrow but finding that the
man who was appointed by Mr. Lacroix to Brand all the Cattle
as they were Purchased had done it in such a manner that out of
Eighty head their does not appear the Brands of above twenty so
; ;. 1 Dr. MSS., 49J51. original manuscript.
6i4 ILLINOIS HISTORICAL COLLECTIONS
that we shall now have near as much trouble Collecting of them
from the (liferent Inhabitants as in Purchasing of them at first;
Also M^ Shannons not Returning according to Promise, as well as
the want of a boat or Boats to transport the flower from here, has
disappointed me Intireley ; I should be glad you would let me know
what day you Intend to start so that I may be able to direct Every
thing Accordingly; I should at Least want to be at Kaskaskias
three Days before hand in order to settle my accounts & Con-
searns of my Companey.
M^ Parault addresses himself to me to go with us on the Ex-
pedition Observing that he beeing A Cripple & the Imployment
he is now in does not Afford him sufl&cient Livelyhood, on account
of his Imployer not haveing Merchendise Sufficient for traid as to
afford him better wages.
But at the same time his Imployer beeing Willing to advance to
the said Perault a Quantity of Liquors &c provided You would
grant him permition to act as a setler to the Ridgements as well as
your pertection otherways. I have therefore Recommended him
to you to know whether you will Grant him that Permition or not.
I have furnish^ him with one of the state Horses which you will
be Pleas^ to keep and let him have another to Return with if you
should think proper, I have also sent annother state Horse by
Battist Allerey which is to be Delivered to the Packhorsmaster,
if aney.
I am D^ S^ your most Obd^ friend & Humb^ Se^.
Jo^ Bowman
McCarty to Todd, September i8, 1779.^
Sir
I am under the Necessity of informing you of what Party of
the Inhabitants of this Village hath been Guilty of in Destroying
a Part of my Stock the Quantity I cannot Ascertain; having been
called out on the Service of my Country in January last and always
Since been Obliged to attend the Service, to the prejudice of my
own; I could not lay in a Sufficiency of Provisions &c. for the
Subsistence thereof unless let run in the woods about my Settle-
1 Dr. MSS., 49J72, origiaal manuscript.
MCCARTY'S LETTERS 615
ment Six Milles Distant from this town, the People of this Village
have Sowen Grain out in the open fields & meadows without Any
fence or inclosure to preserve it as I am at Such a Distance from
this Village it cannot be Supposed that I have any Connections
with them in the Town Laws Concerning their Commons, as I am
Quite on the other Side of them It would be very Rediculous to
Suppose that If any Person Should take it in their heads to Sow
Grain in any Part of the Lands between this and Post Vincent
without any inclosure and have a Right to Shoot any mans Cattle
hogs &c. should they find out such a field and Enter it.
I dont see yet through the Designe of a few Dispicable Inhabit-
ants who say they are authorized by you, to parade themselves
in the fields Destroying My property when there is Numbers of
other hogs in the Same place that are as fauctious as Mine
Whither it is because I command a party of of the State Troops
hear or not, perhaps they want us away. Indeed unless there is
Soon a Change made for the Better me nor my Soldiers will have
no Buissiness hear, Neither can we Stay half Naked, what we are
paid with Call'd down by the Civil power; with what can we get
our Neccessaries of Life; as long as I had any thing in my hands
I furnished it for the Service, but at this rate it will not be long in
my power to Subsist, when my Stock is Shot down in the Open
fields and no redress to be had in this Country; Neither do I kno'
the Laws you have Established. I am Sir with Respect Your
most obed* & very Hum^ Serv*
Cahos 18 7^^ 1779 Richard M'^Carty
To
Col°. Todd
McCarty to Montgomery, Sept. 19, 1779.^
Sir
Since you left us my men Desert dayly. they are Continually
with me to Cloath them or give them there Discharge, that they
may Cloath themselves I have trouble enough with them and
have thought could we Contrive a Method by the intermission
of M^ Bourgard to Satisfie them for the present for If Something
1 Dr. MSS., 49J7 1, original manuscript.
6i6 ILLINOIS HISTORICAL COLLECTIONS
is not done, they will all leave me Except my English who are
the least Clamourous, yet they Complaine, and Colo. Todds
Residence here will Spoil the people intirely for the Inhabi-
tants no more Regard us then a Parcel of Slaves. Neither
do I chuse to do any thing yet Soldiers & people Disatisfied,
you may think what a poor life your humble Serv* hath. My
Schem is to purchase as much Strouds as will make a short jacket,
and a pair of long Trowsers to each man, the jacket to have a
red Cuff turned up by which they will be uniform it will take 2J
Ells to each man and there is no Hats we can make them caps,
for Shoes we must Shift with Mogasins. M^ Ceres has linnen
two Suppos we furnish each man with one Shirt untill Better
turns out — M^ Ceres asks 15^^ in Peletries p^^ Ells, 15!^ d° P^
Shirt &c. It will be A Terrible Price to the State but yet it will
be perhaps better to pay that then have in a few days no Soldiers
which I think will Shortly be the Case If Some Such Method is
not taken.
M* Perault will tell you our Situation and what the Result
would be in case of an attack.
I think it would be a happy thing could we get Colo^ Todd
out of the Country for he will possitively Sett the Inhabitants
and us by the Ears. I have wrote him a pretty Sharp Letter on
his Signing a Death Warrant against My poor hogs for Runing
in the Oppen fields. I hear inclose a Copy of it — on Some Com-
plaints by the Inhabitants the other day he wished that there
was not a Soldier in the Country I wish so two provided we were
any where else to do Something for we are but poor fellow's now.
If you approve of this I beg you will give me an Answer as Soon
possible for perhaps If two days Retarding may even put it out
of our power to even procure this I have never Seen the people
of this place So Mutinous as they are by the Encouragement of
Colo^. Todd, for they even begin to threaten to turn my men out
of Doors and god knows what I shall do If they do for we are not
Above 20 Strong and them Sick that I could depend on So they
may Starve us if they like I am Sir with Compliments to the
Gent^ Your Most Obed^ and very Hum Serv*
Richard Mc. Ca [MS. torn]
TODD TO GRATIOT, DECEMBER, 1779 617
Ca 19*^ Sep^. 1779
[MS. torn.]
My People just are come in and give me an acco* of fourteen
Hogs killed & wounded, four of which they have brought to
town and Sold amongst them there are Several Sowes Just ready
to Pig. at least my loss is Estimated at 1400^^ in Peletries.
[Addressed] ^ on the Service
To
Colo^ Jn°. Montgomery Command.g
the Illinois &c &c Sic at
By favour of Fort Clark
Lt Perault
Todd to Gratiot.^
Falls of Ohio, Deer 19th, 1779.
Sir:
I am safely arrived here without Occurrence of moment.
Wishing you Health & Appetite for your Girl & Glass I pro-
ceed to explain the Business of this Letter.
I expect to return again to the post in Feb. or March & perhaps
to Cohos & request you to purchase upon the best terms you can
any Quantity of Lead not exceeding 5000 lb & send it to Capt.
Winston to be lodged with him one half) & the other sent to me at
the commanding officer at the Falls by the first Oppy. I will
satisfy you for your Trouble & repay you — pray do not be scru-
pulous concerning the payment of debts contracted in behalf of the
State. Rest assured that rewards are in store for the spirited pa-
triot who will act nobly in her cause — I hope your future conduct
will tally with your past & you need not the Favor of Government.
I sincerely wish you Happiness & am your Mo. Obedt Servt
Compliments to the officers, Jno. Todd Jr.
military & Civil, & all friends,
J. T. •
[Addressed] Charles Gratiot, Esq., of Kohokia.
1 In possession of Mrs. Armand Peugnet of St. Louis, Mo., a descendant of Charles
Gratiot. Original manuscript. Transcription by Miss Mary Louise Dalton of Mo. Hist.
Soc., St. Louis.
6i8 ILLINOIS HISTORICAL COLLECTIONS
McCarty to Clark. ^
Cascakia 14*^ Octo^ 1780
Sir
I have so many things to Inform you of I dont kno' Rightly
where to begin; being an Intire Stranger to the Intentions and
designes of Government, for this Country; however as I imagine,
what has and is goeing on hear Regards you in Part I think it
my Duty to Inform you thereof as far as comes to my knowledge;
and this by way of Journal —
Extract from M^Carty's Journal. Cascakia.
"The 27^^ July M^. Bentley arrived from Au Post,^ and Say's
there is a french Officer arrived there call'd Colo^ Dela Balme '
and that he Said the french intends fighting Both the English
& Big knife, he Said to the Inhabitants why dont you drive
these Vagabonds away. Speaking of our Troops; that the Best
way to get Quit of 'em was not to furnish them any Provisions
&c. in a a Council with the Indians had told them he Re-
commended there Sending immedeat advice to the Shawnese
that Colo^ Clark was going against them, and that If he was a
Little Bird, we would flye and tell them; Colo^ Montgomery being
at Cahos and only Capt. Rogers and myself hear, we waited on
Mr. Bentley and beged of him a Circumstantial acco^ of this man
in writing that Colo^ Montgomery might be assured of what was
goeing on, which M^ Bentley said he could not give having it
only from hearseay But that Mr Dalton had wrote to Colo^ Mont-
gomery an acco* thereof.
Cap^ Roger's & Self went up to Caho's arrived the 29*^ and
Informed Colo^ of it & Delivered Dal tons Letter; The Inhabi-
tants presented a petition to Colo. Montgomery to be eased of
a part of the Troops, and to have them equally devided in the
Other Village, Colo^ M. Refused to devide the Troops and will
Evacuate the Country intirely I with Several Other Officers de-
sire a Council thereon before done but were Not barkened to.
1 Dr. MSS., 50J66, original manuscript.
2 Vincennes.
3 For an account of De la Balme, see Introduction, pp. Ixxxix. et seq.
MCCARTY'S JOURNAL 619
Colo^ went off to Cascakia 30*^ Gave orders to march in 8 day's
Our men are very near all Sick, Some dies &c.
Sunday 3*^ Lt. Girault arrived from Cascakia with News that
Camp Jefferson was besiged and with Orders for All the Troops
to March for to give it Succour, we have only one Boat of the State
hear and that impossible, for it to Swim up Unless Mended, no Pitch
nor Oak'um, Major Williams gave orders Munday the 4*^ for
me to go with all the Men able, to its Succour. I got Boat mended
with old rags as well as could be, but was obliged to have it Sunk
to try to make it tight, the 5th had the Boat loaded but was obliged
to unload her, it Sinking and was obliged to Press all the Little
Boats to the N° of five to Carry Men & Provisions and Sett of
about 2 O'clock camped at Marramack to wait for the rear;
all came up at Sundown No Ma [MS. torn.] Night boats Small
& Mississippi low. the 6*^ passed Missere^ M'" Valley gave
my people 22 loaves of Bread, obliged to Leave Seven Sick Men
not being able to help themselves, and Sent word to Kennedy at
Cascakia to have them taken care of, the State having a Store
there; 23 Indians from Missere followed me without being asked,
& we were 33 men & officers Cap" Keller very Sick the 8*^ met
M^ Sarpys Boat at the Ohio, all well-Indians Gone &°. Got
into the Mouth of Chanel of fort Jefferson at 3 O' Clock afternoon
M^ Dalton arrived about 2 hours after me from auposte having
Evacuated it. The whole people here are Sick a General Mur-
mur Children Dicing fast. Numbers of the Inhabitants goeing
off, the Enemy having Distroyed their Corn pumkins. Cattle
horses &c. Colo^ Montgomery and Sundry of the Officers de-
sired me to draw up a writing Setting forth the Situation of the
place &c.
the 11^^ held a Council where it was Generally desided to
Change the Situation of the place or to export all State Stores &c.
up to the Illenois Untill things Should be Better prepared for the
Establishing Said Place
The 13*^; Sett of to Return to Islenois, and I endeavoured to
Bring up What Boats I could of those pressed at Cahos but was
1 Ste. Genevieve.
620 ILLINOIS HISTORICAL COLLECTIONS
hinderd, we have nothing to eat but Corn without Grece or Salt
Much Murmuring Amongst the Troops, arrived at Cascakia the
20*^ Myself very Sick, Colo^ Mont^ & Dodge &c arrived a day
before by Land Colo^ Dela Balme is Arrived hear from auposte
with an Escorte of 30 men french and Indians and is now at
Cahos & S* Louis he arrived from Cahos did not wait on Colo^
Montgomery nor Colo^ Montgomery on him the People in Gen-
eral Seem to be Changed towards us and Many things Said Un-
fitting. M^ Dodge hath discoverd that he has dined (he says)
with this Colo^ at Philadelphia at the french Ambassadors and
in Consequence from having him put in Irons, pay's Great Court
to him, the two Colo^^ has not at Yet Met. My Men have been
three days without Provisions, and can not procure Any for
them they have killed hogs in the Commons this Greats Bad
Blood &c. and Some of My Men as well as Cap^ Kellars
have deserted I am informed, the 27^^ in the Evening had
a dispute with G^ Dodge on acco* of his not getting Provi-
sions &c. tho' he has orders therefor from Colo^ Montgomery to
purchase; and that Some of our poor Soldiers Died purely for
want of Subsistance. Next day he complained to Colo^ Mont-
gomery who arrested me, thos jarret Williams whorswhiped
Dodge & Complained yet Colo^ Montgomery Never arrested
Williams.
got a Permision in writing from Col° Montgomery to go to
Cahos & St Louis on my Private Buissiness the 30*^ Sett off for
Cahos arrived Sunday i^* Octo^ 2^ went to St Louis to See My
Uncle came back the 4^^; when I found Colo^ dela Balme Raising
a Party for Detroit of Voluntiers with those from Cascakia Captn.
Plassy at their Head, Our Little Doctor Ray with them the 5*^
Sett of. My Serj^ Villiers is goeing with them & Many Others
of my Men but I only Saw him, I informed Serj* Meryweathers
of the Light horse that he was a Soldier of My G^ and had State
arms and that he was a Deserter, myself being under an Arrest
had no orders to give, Serj* merwether took Said Villiers & Con-
fined him, Capt Plassy Gave orders and the Little Doctor at the
Head of a Rabble went and Rescued him from the Guard and
PENTECOSTE'S CLAIM 621
have taken him along with them, they Amount to About 40 men,
with their arms &c. each man fournishes every Necessary — 40
days Provisions two pounds powder & Led. I Suppose they
have 30 horses or near that n° with them they are to be joined at
Ouias by the poste People, I am also informed by one of the In-
habitants of Cahos that the people, (that is a Sett of them) of
Auposte, Cascakia & Cahos have Sent by this Colo^ dela Balme
to Congress or the french Envoy, a Circumstantial ace* of all
their Supposed Grievances and Enormitties Committed in this
Country by our Troops much Exagirated; but I must Confess
Many things has been done which Should not; a Sort of Com-
bined Trade Between Dodge Sz: Bentley for the purchasing the
Certificates from the people have raised their hatred of us to
Such a Pitch that they will not suffer no Troops hear, and Desire
we all March of Either by fair means or otherwise &c this Colo^
dela Balme the Morning he left Cahos told the Indians by Tom
Brady wife Interpreter that they should be & Remain Quiet
for in the Spring they would See french Troops hear. — the Span-
ish Commander hath given him no Countenance whatever and h
Surprised he is Suffered on our Side he being Authorized by no
State or Power in America to do what he does in Short as things
are now the people in General are allinated and Changed from
us there must be a Reason for it, had Colo^ Clark been hear or
an officer to Second him this would not have been. M^Carty
Copy of Colo^ Montgomerys Answer to My Letter viz
Sir
you are Permitted to Go and do Your Bisniss & be a Shured
I was Much a Ganst the Arest But his Complaint Compeled me
to it and I am Sir as Before your Humble Serv*
(Signed) Jn° Montgomery
To Magor W Cartey (Draper MSS. 50 J 68.)
Pentecoste to Lacroix, November 16, 1785.^
On my return Home from your part of the Country I Pur-
chased from Generall Clark the Grant made to sir Stephen Trigg
adjoining the lands I bought of Mr Gerardine, and by Sir Stephen
1 Papers of Old Congress, xlviii., 55, from copy. This copy was enclosed in the memorial
printed on p, 581.
622 ILLINOIS Historical collections
Conveyed to the Said Genl. Clark Including the Caskaid and the
feilds [sic] Adjoining between the Abbee Springs and Caskaid and
the Mills, this grant is ten Arpents extending out from the line of
Common. Easterly one half Arpent North of the Caskaid and
thence down the Missisipi with the said Line of Common 21
arpents in Depth and as those Expressions in the Original Lan-
guage means Different from yours of the Kanadian Customs I am
appprehensive some of the people will be dissatisfied, but it cannot
be helped, for for [sic] it includes upwards of Twelve Thousand
Acres our measure, which will Extend down the River Near Four
Miles, therefore it is not my Intent to disturb any person either
setled within the bounds or that tend feilds [sic], Captn, Peterson
will give them Leases for ten years without rent subject to the tak-
ing Care not to make waste and to keep up the fences, and any
person that may have built in the bounds shall have their buildings
and a Suitable piece of Land adjoining thereto without paying me
any thing for which this shall Serve as an Obligation, and I Expect
you will Assist Captn Peterson in Negociateing this business. I
enquired at Congress Relating to grants of your Country made by
your Preists [sic] or Vicar Generals under his Lordship the Bishop
of Quebeck, and the United States Agree they are Valid and Can-
not be Controverted, which is one of the Titles I hold by, and it
may be pleaseing to your Setlers to know their property is secure to
them — the Post Vintsent People seems to be on a Diferent footing,
but it seems the Kaskaskias and your people have a Quite different
authority to grant Lands. ^ I saw the Generall Clark in Philla-
delphia Last sumer who told me as soon as the Late Indian Treaty
was Completed that he would Come down to your town and Lay
out my lands agreeable to Pattent but if he should not be down
this summer please to assist Captn Peterson in doing it as he has a
Coppy of the deed with him with the Engles and Calculations
agreeable to which it must be done, the Original deed is recorded
in the Office for Recording Deeds in the Village of Kaskaskias in
book or Folio No 172 Pages 122: 123 and 124 to which refference
may be had.^
1 With few exceptions, the courts of Kaskaskia and Cahokia confined their grants of land
within what they claimed was their commons.
This volume is in Chester, 111.
PENTECOSTE'S CLAIM 623
Coppy of Part of A Leter Wrote by Collonell Penticost to John
Baetiest [sic] Lacroix Dated Washington County November i6th
1785 No. I.
July i8th. 1786 Done by me Nathl Wells
je Souissigne procureur des Etats unis de lamerique aux
ilinois residant aux Cahos Certiffie a tous quil apartiendra que
lextrait cy dessus a Ete^ tir^ de la veritable lettre du S^ pentecoste
que foy doit y etre ajoutee comme a loriginal qui a reste en mains
du S^ La Croix Magistra du d* district en foy de quoy j'ay s\gn6
le present et a iceluy apose mon Cachet ord^^ aux Cahos le dix
huit juillet mil sept cent quatre vingt six.
Labuxiere pt des Etat
[Translation of the certificate]. I, the undersigned state's
attorney at Cahokia of the Illinois of the United States of America,
certify to all whom it may concern that the above extract has been
copied from the very letter of M. Pentecoste and that faith should
be given thereto as to the original which remains in the hands of
M. LaCroix, magistrate of the said district. In faith of which I
have signed the present and set thereon my seal, at Cahokia the
eighteenth of July, 1786.
Labuxiere, State Attorney.
624 ILLINOIS HISTORICAL COLLECTIONS
Census of Cahokia, August 27, 1787.^
1787, aoust 27. Recensement des habitants et de leiirs enfans
males de la paroisse des Cahokias aux Ilinois. Savoir
[Translation: 1787, August 27, census of the inhabitants and
their male children of the parish of Cahokia in the Illinois, To wit
Mr. franfois Trottier pere ^ "^
ses enfans
francois Trottier
Clement
Joseph
Etienne nicole * . .
Deshaye^
Lagrave
PhUipe Le Boeuf «
Joseph Lachanse ^
auguste J Gabriel Langlois ^
Raphael Langlois
Charle Lefevre pere ^ .... 1 Alexis Brisson» )
Charle Lefevre | Alexis son fils p
auguste !- 5 Charles Cadron pere ^° ...)
'i:xt.v.::::::::::::::;J iSe.v.vf-'^^ V
1 Papers of the Old Congress, Ixviii., 189, original manuscript. This census was made after
Harmar's visit to Illinois, and was used by Barthelemi Tardiveau in his petitions to Congress
for grants of land. There are similar lists of the inhabitants of Vincennes, of Kaskaskia, and
of the American settlers. The last gives the date of the arrival of each in Illinois.
For the following notes I am greatly indebted to Mr. Benjamin Suite of Ottawa, Canada,
who has traced for me the famiHes from France to Canada, and, when possible, from Canada
to Illinois. The cliief sources of information have been Tanguay, Dictionnaire Genealogique,
7 vols., Mr. Suite's own notes, notes of Hon. Walter B. Douglas of St. Louis, Mo., the docu-
ments printed in this volume and a collection of marriage contracts belonging to the Cah.
Rec. in Belleville, III. Identification is made very difficult by the common usage among the
French of two names, the regular surname and a second name given for some peculiarity of
character in an ancestor or taken from place of origin or habitation. In the documents of the
time either, or both, of the names is used.
2 The family was in Canada as early as 1647, some members of which moved to Detroit at
an early date. In 1758 Francois Trottier married at Cahokia Louise Laroche. Reynolds
{Pioneer History, 35) says that there was a Joseph Trottier in Cahokia in 1775, who carried
on an extensive commerce with New Orleans. I have found only one reference to him.— Supra
p .459 . Franf ois was very prominent after the coming of Clark, was made the commandant of
the village and was elected ius^^ire both 'of Clark's court and in 1779 of that of the district of
Cahokia. » - _ _
3 Lefebvre or Lefevre called Courier. The family is a large one in Canada, but I have
not been able to follow this particular branch to Illinois. There was a Lefebrve acting as judge
in the Illinois under the French in 1765. It is possible that Charles is descended from him.
Charles married Franfoise Nicolle September 19, 1761. It is probable that the other Couriers
of the records were also Lefevres.
* Correct spelling Nicolle. Probably a son of the Etienne Nicolle who was poisoned by the
negroes. See supra, p. 13 et seq .
6 Deshayes called St. Cyr. The family settled near Three Rivers, Canada, in 1672.
6 Three families of this name settled early in Lower Canada.
7 Caillot called Lachanse. Probably the son of Nicolas Lachanse of Kaskaskia, who had
a son of this name.
J Langlois is a common second name in Canada, and is found both in Cahokia and Kas-
kaskia used as a surname. A Clement Langlois was a justice in 1780, but what his relation to
these two was I do not know.
8 Born at St. Pierre-les-Becquets near Three Rivers, Canada, March 6, 1746, he married
at Cahokia Julienne Locat, widow of Pierre Roy, on September 25, 1787. As the preceding
pages show, he was of a lawless character and gave the authorities much trouble.
10 From Lower Canada.
CENSUS, AUGUST, 1787 625
Joseph Bellecour " i Joseph Labuxiere pere ^^ . . ^
Joseph Cecire pere^^
Joseph son fils
Louis
Antoine J- ses fils
2 francois ) J
jean Lapensde ^' i
Joseph Lapensde " i jean Bte. Lalande i
francois Lapens^e ^^ i
antoine Lepage ^
Joseph Lepage '* ! andre Becquet )
Simon Lepage f ^ Charle Becquet f
Louis Lepage J PhUipe Gervais " "1
Louis "1 i
, . ^ Philipe > ses fils { ^
antoine Boyer i j^^J^ [ J
Tgnace
augustin dubuque ^^ i Pierre Lajeunesse ^^ i
1^ His signature reads Belcour. This was a very conunon second name among the
French. I have noted it as given among the Cahokians to a Saucier and a Lebrun.
12 Cesire in Canada and Casirre according to the signature of his father. The family was
at Lachine, Canada, in 1670. Antoine, the father of this Joseph, was in Cahokia as early as
September, 1753. at which time he married. He was the most important citizen of Cahokia
in 1778. He died in 1779. His son, Joseph, married on February 9, 1777, Marie Alarie. He
was one of the justices in 1781. On August 6, 1783, he married Marie Louise Levy, widow of
Michel Monet.
13 The name as given here was probably the correct spelling, but since this member of the
family was the only one who could write and he preferred to spell the name Lapanc^, I have
followed that spelling throughout the volume. The name was the second name of the Roy
family. Jean Roy, his father, emigrated from Lachine, Canada, to Cahokia before 1752, for
he was married there in that year to Marie Pancrasse. Joseph Roy called Lapanc6 was evi-
dently an important citizen, since he was twice elected to the ofl&ce of justice, in 1783 and 1786.
He married on February 8, 1781, Catherine Cesirre, daughter of Antoine Casirre.
" The Lepages of Cahokia probably came from Canada, where several families of that
name settled between 1665 and 1750. A Joseph Lepage was elected justice in 1780, but
whether he was this one or the father of these four I do not know.
15 The Dubuques came from St. Pierre-les-Becquets in the district of Three Rivers, Cana-
da. The most important of the family was Julien Dubuque, after whom Dubuque, Iowa, was
named. It has been said that he was at Cahokia for a time, but I have found no evidence of his
presence there. — Tass6, Les Canadiens de I'ouest, 239 et seq. What is known about Augustin
Dubuque will be found in this volume. See Index.
1^ Not Labussiere or Labusciere, as it is sometimes written. Billon, Annals of St. Lottis,
27, says he came from Canada, but no trace of him has been found there. He became notary-
clerk in the Illinois in 1757 and served the French government till 1765, when he went to St.
Louis, where he received the first grant of land in the new settlement. Here he continued to
exercise his functions under the government of the interregnum. After the Spaniards took
possession he served as notary till about the year 1781, when he went to Kaskaskia and was
appointed state's attorney and notary. See supra p. 487. On account of the disorders of the
village, he moved to Cahokia, and, as the preceding pages show, gave the community able ser-
vice. He died April 29, 1791- — Missouri Reports, iv, 343.
17 See supra, note 13. This is probably J. Pierre Roy called Lapanc^. He was elected a
justice in 1784. In 1785 he married Marguerite Lefebvre, daughter of J. Marie Lefebvre and
widow of J. B. Lalande.
18 Francois Xavier Roy called Lapanc^ married Theresa, daughter of Pierre Godin,
January 28, 1786.
1* The family was from Canada.
20 This second name belongs to 36 different families in Canada.
626 ILLINOIS HISTORICAL COLLECTIONS
jean Bte. Cadien " i
Joseph Buteau ^^ i
antoine Lamarche ^'
antoine son fils
pierre courville ^° i
jean dorion " i
jean Bte dumay ^^ i
Michel Charly ^^ \ ^ pierre sicart ^^ i
Michel son fils f charle Butard i
jean Bte. charlev aussi son Pierre Lecompte ^* i
fils ^ I
nicolas turgeon"
Bte. Mercier22 .
julien Mercier . . .
hubert Mercier. .
pierre troge " . . .
Louis pilet ^^ —
Charle pilet
michel pilet
Bte. Saucier pere
36
francois Dion ^^ i jean Bte son fils > 3
martel i mathieu son fils )
'^ The family emigrated to Canada in 1645 and has spread to all regions.
22 The family came to Montreal in 1658.
23 This as it is written is not a Canadian name, but it may be Troche called Lafleur, a
name found in Montreal in 1 748. The name of Lafleur was common in Cahokia, as in Canada.
Pierre had moved across th'> river to St. Charles by 1791- — Census of St. Louis in Mo. His. Soc.
library of St. Louis.
24 Family at Boucherville, Canada, in 1680. Some of the family were early settlers in
Detroit, and it is probable that these Fillets came from there. Louis Fillet was a justice in
1784.
26 Charly called St. Ange. Family from Montreal, where the first Charly in this country
settled in 1653.
26 Transformed from Guyon. From Canada.
27 Ferhaps Cadieu, as it is written in Canada, but the Cahokia clerk spells it very carefully
Cadien. In Amer. State Papers, Public Lands, ii., 164, Cadien is given as a second name to
Pierre Roy. It is possible that one branch of the Roy family was called Lapancd and another
Cadien. See supra, note 13.
28 From Canada.
20 Second name of nineteen families in Canada. He was the son of Antoine Lamarche
of the Montreal district, and married April 17, 1781, Magdeleine Buyat. He was a justice in
1783. On October 19, 1785, he married Marie, daughter of J. B. Becquet.
30 1 find this as a second name of the Cadien family, but see supra note 27. He was born
about 1762.
31 Family in Lower Canada since 1684. J. Marie Dorion was son of J. Marie Dorion of
Quebec, and married Marie Magdeleine Buteau, widow of Alexis Bissiette of Cahokia, Novem-
ber 19, 1773.
32 Also Dumest, Dumets, Dumais, Dumers. Family in Canada as early as 1640, J .
Bte. Dumay's father, Jacques Dumay, was killed by an Indian at Detroit in 1760, the year the
son was born.
33 Better Sicard. Family from Canada.
3* Second name belonging to many families.
36 Saussier in France. The family is descended from a line of merchants who lived in
Orleans, France. J. Bte. Saucier, the founder of the Illinois branch, became amilitary engineer
and was sent to the Illinois. Here he planned Fort de Chartres in 1752. When the country
was surrendered to the British he retired to Cahokia. Snyder, Captain Jean Baptiste
Saucier The story of the lives of his sons, J. Bte., Franfois, and Matthieu, is foundin
these records. They were important men in the community and were frequently elected to
office. Franfois was the first clerk of the Court of the District of Cahokia and Baptiste was
one of the first judges. Like many other Frenchmen, Frangois and Matthieu withdrew to the
Spanish banks on account of the immigration of the Americans. The former was appointed
CENSUS, AUGUST, 1787 627
pierre martin ^' j Paul Poupar )
pierre martin >■ 3 Paul son fils f
hyacinthe )
Joseph Bissonet *^ i
francois Noize '' i Joseph Giroux '^ i
Louis Roy
Mathieu Saucier ^^ ) francois Roy.
mathieu son fils \
I
1
jean Bte. melot^^
Louis Lebrun ^*
Louis / . 1 3 francois saucier pere " )
Batiste f^^^^^^ J charlesonfils. [
Thomas Bredy *<> \ • g^^ QonneviUe ^^ i
Baptiste son fils f jean chauvin ^« i
jean Beaulieu "^ i
Louis Lamarche i Michel Beaulieu i
commandant at Portage des Sieux and was given a large tract of land by the Spanish govern-
ment in 1799. His brother, Matthieu, received a grant the next year. — 24 Cong., isi Sess., H
of Rep., Doc. 59, pp. 75 and 181. Francois vras living in 1817 and was about eighty years old.
36 Old and large Canadian family. Pierre was a justice in 1779.
^ Noiset called Labb6. His father was Nicolas, who married at Cahokia January 16,
1758, Marie St. Yves. The river Labb^, in Cahokia, was evidently named after the family,
which had a mill on the stream.
^ See supra, note 35.
38 Fifteen families of this name in Canada. His father's name was Joseph Lebrun. He
himself married Marie Louise, daughter of Francois Trottier, February 13, 1776. He was a
justice in 1782-1784.
*o From his marriage contract with Marie LachevSque, widow of Charles Le Boeuf called
Lafiamme, of June 8, 1779, it is learned he was a "native of New England of the ville of Mary-
land," which doesn't agree with Reynolds' statement {Pioneer History, 68) that he was a native
of Pennsylvania. He was a member of the De la Balme expedition against St. Joseph, and was
captured. He afterwards escaped and returned to the IlUnois. See Introduction, p. xcii. and
Mason, Chapters from Illinois History, 285. His connection with this expedition proves that
his interests were with the French party in the Illinois rather than with the American. He
was for a time Indian agent at Cahokia.— Cfl/t. Rec. In 1785 he was one of the justices and
for several years acted as huissier.
*^ He was the son of Jean Bissonnette, a native of Canada, and married the widow of
Michel Girardin, June 12, 1776. In 1784 he was one of the justices.
*2 From a large and old Canadian family.
*3 Probably Milot. A family from Montreal.
** See supra, note 35.
*5 Second name of the Desjardins. There was a Charles Desjardins at Detroit in 176 1.
** The Illinois Chauvins were probably members of a Detroit family of that name. There
was an important branch of the family at Kaskaskia. I have found nothing of this Jean
Chauvin.
*7 The full name is Palmier called Beaulieu. The father of these, Michel Beaulieu, was
one of the justices of Clark's court and was elected justice of the Court of the District in 17791
628 ILLINOIS HISTORICAL COLLECTIONS
Bazile Beaiilieu i Claude Chesnier pere ^* \
Louis Beaulieu i Joseph (. ses fils
jean Batiste j
Nicolas Boismenu*^ i
r3
Louis deslonchamp
henry Biron^^ J Louis son fils .... T [ ^
Charle son fils . j
^. ^, . Charle ducharme ^^ i
Pierre Chrestien ^° i
Pierre Laperche " i r • j ^i
. ^ , Louis gaud "
Louis Rele" ) L^^is 1
Clement Rele \ Joseph ^ ses fils
jean Bte J
auguste lecompte i
francois theophile i francois gramont ''
Joseph Poupar pere ^^ . . . . ^
r'f----' ses fils [3 Pierre Lafleur pere" ....
Paul ) ; pierre son fils
but he died shortly afterwards. His wife, and the mother of these Beaulieu, was a member
of the Chauvin family, her father being a subaltern officer at St. Philippe. She was educated at
Quebec and was "Director General in moral and medical matters" of Cahokia. — Reynolds'
Pioneer History, 295. She lived to an advanced age and died in 1826.
*8 This is the second name of many families in Canada. Nicolas was the son of Andre
Boismenu of Montreal. He married Margaret Palmier called Beaulieu, daughter of Michel
Beaulieu, on January 28, 1786. He was a member of the De la Balme expedition against St.
Joseph.
49 The family was from Canada. Henry Biron was one of the justices in 1788 and served
till 1790.
50 Two families in Lower Canada of this name.
61 Laperche called St. Jean. The family was in Boucherville, Canada, as early as 1694.
He was the son of Pierre Laperche, and married Therese Chretien, February 25, 1786. He
was one of the justices in 1787, and served till 1790.
62 Also Relle, Real, and Riel. The name is still found in the province of Quebec.
63 The family was in Boucherville, Canada, in 1680.
6* Also Chenier. The family was in Quebec in 1649.
65 Deslongchamps, the second name of the Hubout family, which settled in Lower Canada
as early as 1645.
66 The name is found in Montreal at an early date . The family has been famous in western
annals through the deeds of Dominique, Joseph, Laurent, and Paul. Charles Du Charme is
a hitherto unknown member of the family. He was one of the most prominent inhabitants of
the village, and served twice as justice.
67 This name is probably not Canadian. He married Charlotte Lonval September 6,
1775-
68 Grandmont is the proper spelling. Second name of the Hour6s, who lived near Three
Rivers, Canada, as early as 1670. He was the son of Pierre Grandmont, and married Catherine,
daughter of Joseph Clermont, February 16, 1784.
68 If the identification in note 23 above is correct, the name is Troche called Lafleur. The
name Lafleur, however, was and is as common in Canada as Smith with us. Pierre was son
of Paul Lafleur, and married Marie Amable, daughter of Fr. Lonval, February 8, 1784.
CENSUS, AUGUST, 1787
629
Bte. Baron «« i
Louis Clemont " i
pierre Clemont i
jean Bte dubuque "
hyacinthe Cecire
pierre Butau i
alexis tabeau "^ i
jean Bte Kaire i
Louis compte '* i
Louis . . )
jean Bte > ses "fils 3
Bazile.. \
Louis harmand '^ ..
francois harmand. . .
jean Bte. harmand. .
freres
Louis Leboeuf ""
Bazile Leboeuf. .
freres 2
antoine Lacource "*
antoine son fils
Louis trotier pere '°
^■^^"^'^ i ses fils
Joseph j
Pierre durbois " i
andre merleau "
francois merleau
francois courier «« . . ) ^^^^^^ ^
pacsal courier f
jean Bte merleau
fraucois merleau .
francois Lonval
francois ) ^,
paul [ ses fil'^
2 [3]
george Blain " i
Gabriel merleau i
60 Uncertain whether from Canada or not. His wife was Domitilde Rolet. He was one
of the justices in 1782. He died some time before lySg,
81 Correct spelling, Clermont. The name is common both as surname and second
name in Canada. Louis was killed on the Cumberland River in 1793.
62 Family from Lachine, Canada. Alexis died before 1789.
63 Full name Harmand called Sansfapon. The family is from Canada. These are
probably the sons of Antoine, who plays such an important part in the court record.
64 Second name of three Canadian families.
66 Durbois, or Dubois. The family is from Canada. He was the son of J. Bte. Dur-
bois, and married Catherine, daughter of Fr. Lefebvre called Coiurier.
66 Probably Lefebvre called Courier. See supra, note 3, but there were two families
of Couriers in Canada from the end of the 17th century. Franfois was twice elected justice,
in 1780 and 1783. , ., , ;, , , ,,
67 See supra, note 15. Jean Bte. was the son of Andre pubuque,_ a native of Montreal,
and married Suzanne, daughter of Antoine Cesirre. His influence in Cahokia was equal
to that of Francois Trottier or of Antoine Girardin. He was a justice in 178 1, again in 1785
and in 1788, when he served till 1790. He was acting as commandant in 1787.
68 See supra, note 34. Native of Terre Bonne of the province of Montreal. He married
Marie Lamarche, widow of Joseph Langdoc, January 27, 1775.
68 There were three families of this name settled in Lower Canada between 1 66 s and 1 7 59 .
™ See supra, note 2. Probably a nephew or cousin of Francois Trottier.
71 Called both Petit and Laramie. The family came from Lachine, and was in Cahokia
as early as 1761.
72AlsoBlin. From parish of St. Pierre-du-Mont-de-St. Michel, Normandy. He married
Suzanne Alarie, widow of Louis Bissonnette, October 25, 1775. His father was a justice in
1 781 and died about 1784.
630 ILLINOIS HISTORICAL COLLECTIONS
francois oubreman i ignace grondine ''^ . )
francois grondine . . . V freres 3
jean Bte milot " ) Joseph grondine — )
Jacques son fils j
Charles la Croix i
Joseph Poirier ^* i
Joseph Laplante ^^ i
Louis chatel pere ^^ j
Louis son fils f Paul de St. pierre ^^ i
hameau de la prairie du pont paroisse des cahos.
[Translation: Hamlet of Prairie du Pont, Parish of Cahokia.
Laurant amelin pere ^^ j gabriel telier ^^ )
Louis ) y 3 amant telier i
•u >• ses nls \
Joseph j ; Joseph Lambert '' i
francois hamelin i Charles germain '' )
Etienne ardouin ^^ i Charles son fils )
73 He was bom at Pointe Claire, near Montreal, and married Franfoise Pillet at St. Louis,
January 15, 1781.
7* Poirier called Desloges. The family settled at Lachine, Canada, in 1705-
75 The family settled near Quebec in 1680, and has spread in all directions. Although
illiterate, Louis Chatel was an influential man in the community, and was a justice in 1784,
1786, and in 1788, serving the last time till 1790.
76 The name of a fief forty miles below Three Rivers, Canada. The Hamelins were
seigniors of it, and since Hamelins dwelt in Cahokia these men probably were of the same stock .
There were Hamelins at Michillimackinac as early as 1738. It was a J. Bte. Hamelin who
led the detachment of the De la Balme force against St. Joseph in 1780, where he was killed.
He was probably the father of these brothers.
77 Second name of fourteen different families in Canada.
78 Father Paul de St. Pierre was a native of Germany or Holland. He became a Car-
melite, served as priest in France, and came to America as chaplain in Rochambeau's army.
He was sent by Prefect- Apostolic Carroll as missionary to the West. In February, 1785,
he was in Louisville, Kentucky, and then went to Cahokia, where he resided as parish priest
till 1789. He was very popular with the people, and they built for him a new parochial resi-
dence and a new church. The latter is still standing. His relations with Father Gibault,
who was priest at Vincennes till 1789, were very pleasant; but the ecclesiastical peace of the
Illinois was disturbed by the appearance of Father de la Valiniere as vicar general of the
prefect-apostolic. The latter made many complaints against Father de St. Pierre, but the
people of Cahokia upheld their priest. Like the other priests of the Illinois, Father de St.
Pierre was persuaded by the Spaniards to cross the river, and he was put in charge of the parish
of Ste. Genevieve, where he officiated till 1797. Where he went then I do not know, but from
1804 till his death on October 15, 1826, he was parish priest at Pointe Coup6e, where he was
regarded as "one of the most remarkable priests that ever administered St. G-abriel's church."
— Shay, Life and Times of Archbishop Carroll, Index (add reference, p. 474); Amer. Calh.
Hist. Researches, New Ser., ii.. No. 3; Rozier, Early Settlement of the Miss. Valley, 117;
Introduction, p. cxxxi.
79 See siipra note 76.
^ Probably he came from France to Detroit, where he married Marie Josephte Lapointe,
January 6, 1771. He may, however, be descended from the Hardouin family of Canada.
81 Also Letellier. The family settled in Canada about 1655. There were members of
the family in Michillimackinac in 1747.
82 Three different families in Canada of this name.
83 Six families of this name in Canada in the 17th century. He was son of Charles Ger-
main, and married Catherine, daughter of Ignace Grondine, October 12, 1783.
CENSUS, AUGUST, 1787
631
pierre cabassier"
Joseph cabassier
Baptiste cabassier
Xavier cabassier
Charles cabassier
antoine cabassier
j- freres 6
jeanGodin»»
francois Godin } f rare 3
pierre Godin
Joseph Lacouture "
francois Bracanda ^^
andre Bracanda
Joseph vaudry ^^ . . .
Bte vaudry
amable Chartran " i
Baptiste chartren
Toussaint chartren
Thomas chartran
Michel chartran
Baptiste la Becasse »^ ")
Baptiste son fils >• 3
alexis labecasse )
Joseph desloges"*
Joseph son fils . . .
Joseph Biguier®^
Louis son fils
Izidore Savoy "^ i
Michel Rocq
Michel gau.
I
I
Louis gau *^ I
Philipe Engel »«
antoine angel [-3
michel angel
francois alexandre. ^^
Baptiste alary pere ^*
?^P".^t« isesfils
Joseph j
Louis perian. . .
Baptiste perian
8* The family was in Lachine, Canada, about 1668. There was a family of this name
in Detroit in 1752.
86 Joseph Chatigny called Lacouture. The family is from Canada.
^ Family in Montreal before 1668.
87 Siguier called Grosl6. He came to Cahokia from Prairie du Rocher. The family
came to Canada in 1755.
8* Gaud. See supra, note 57.
89 Also Alarie, which is the way the members of the Illinois family wrote it. The family
was in Canada in 1678. He was the son of Bte. Alarie, and married Catherine Laviolette,
widow of Pierre Godin, April 16, 1781. He was a judge in 1782.
90 Godin called Turanjeau; also spelled Gaudin. The family was in Canada in 165 1.
The father of these three, Pierre Godin, was one of the prominent inhabitants of Cahokia in
1778. He served as justice in Clark's court, but he died shortly after being elected as one of
the justices of the Court of the District of Cahokia in 1779.
91 Possibly Spanish settlers.
92 The family was at Three Rivers, Canada, in 1658.
93 Labecasse. Possibly not from Canada. ,
9* See supra, note 74.
95 Also Savoy and Savoie. Many families of this name settled in Canada between 1747
and 1779- In 1791 Isidore Savoy was in Spanish St. Charles. — Census 0} lypi, in Missouri
Hist. Soc. Library of St. Louis.
96 Native of the Duchy of Darmstadt, Germany. He married Marie Josephte Rochelot
on August 13, 1783. He was elected a justice in 1785, 17871 and 1788, when he served till,
1790.
97 This may be either a surname or a second name, both of which are found in Canada
632 ILLINOIS HISTORICAL COLLECTIONS
francois gerome*^ i jean Bte. La Croix pere ^^^
Louis giroux i Baptiste la Croix )
pierre Gassien i francois la Croix >- ses fils
Louis La Croix
r4
Michel Peltier »»
antoine girardin"" ) Gabriel Baron ^^^
Louis girardin f Michel Clermont. ,
Michel girardin j pierre Clermont. . .
antoine girardin fils f auguste Clermont ,
auguste girardin i Francois Renoux
je soussigne commandant aux cahokias aux Ilinois Certiffie le
present rescensement viritable montans a deux trente neuf per-
sonnes males residant Et habitants dans les deux villages tous
franjais tant hommes que enfant males aux Cahos le neuf sep-
tempre 1787.
[Translation: 1, the undersigned Commandant at Cahokia in
the Illinois, certify the present census to be correct, amounting
to two hundred and thirty-nine [40 ?] male persons residents and
inhabitants in the two villages, all French, both men and male
children. At Cahokia the ninth of September, 1787.]
^ Also Gerosme. Probably a second name. He was the son of Jean Gerosme, and
married Marie Louise Lemire, widow of Louis Giroux and also of Frangois Biguier called
Grosl6.
^ Pelletier called Antaya. The family was among the early arrivals in Canada. About
1665 one of the family married an Indian woman, from whom came the name Antaya. The
family was in Cahokia as early as 1751.
100 A family of this name settled near Quebec as early as 1664, but this Cahokia family
may have come directly from France. Antoine was one of the most prominent citizens of the
community. He bought in 1764 the plantation and mill belonging to the mission of St.
Sulpice at Prairie du Pont. — Reynolds, Pioneer History, 54. He was justice in Clark's
court, and was elected a justice of the Court of the District of Cahokia in 1779, 1785, and 1787,
serving till 1790. During the last years he was president of the Court. He was commandant
of the village of Prairie du Pont. After the estabhshment of the county of St. Clair he was
appointed judge of the Court of Common Pleas as well as of Quarter Sessions, and he held
other important positions. He died about 1802. — Smith, St. Clair Papers, ii, 165.
^^^ The name is a most common one in Canada. His full name was J. Bte. Hubert
LaCroix. He was son of Pierre Hubert LaCroix of Quebec, and married Catherine Au-
buchon, widow of Joseph Clermont. He is probably the LaCroix referred to in Clark's letter to
Mason. — English, Conquest of the Northwest, i, 443. He was one of the justices in 1780,
1784, 1785, and 1786.
102 See supra, note 60. He was a son of J. Bte. Baron, and was bom at Cahokia December
17, 1752. He married, first, Marie Louise Buteau, and, on June 15, 1789 Marie Harmand,
widow of Alexis Tabeau. He was a justice in 1772.
103 From an old Canadian family.
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Roy, J. E., Histoire du Notariat au Canada. 4 vols. Levis, 1899.
,Rozier, F. A., History oj the Early Settlement 0} the Mississippi Valley. St.
Louis, 1890.
Secret Journal 0} the Acts and Proceedings oj Congress. Vols, i.-iv. Boston,
1821.
Shea, J. G., Lije and Times oj the Most Rev. John Carroll. New York,
1888.
Smith, W. H., St. Clair Papers. 2 vols. Cincinnati, 1882.
Snyder, J. F., Captain Jean Baptiste Saucier. Peoria, 1901.
Spark's Collection oj Manuscripts, Harvard Library. Cambridge.
Sparks, Jared, The Diplomatic Correspondence oj the American Revolution.
Vol. IV. Washington, 1857.
The Writings oj Washington. Vol. vii. New York, 1847.
Stoddard, Amos, Sketches, Historical and Descriptive oj Louisiana. Phila-
delphia, 181 2.
Tanguay, L'Abbe Cyprien, Dictionnaire Genealogique des Families Cana-
diennes. 7 vols. Quebec, 1871-1890.
Tasse, Joseph, Les Canadiens de DOuest. 3 vols. 4th ed., Montreal, 1882.
Thucydides, History oj the Peloponnesian War. Jowett's Translation.
Oxford, 1 88 1.
Thwaites, R. G., Descriptive List oj Manuscript Collections oj the State
Historical Society oj Wisconsin. Madison, 1906.
Early Western Travels. Cleveland, 1903 flf.
i., Croghan, Journals.
iii., Michaud, Travels.
xxvii., xxviii., Flagg, The Far West.
How George Rogers Clark won the Northwest. Chicago, 1903.
The Jesuit Relations. Vol. Ixxi. Cleveland, 1901.
Transactions of the Illinois State Historical Society for 1903, 1905, and
1906. Springfield, 1 904-1 906.
Turner, F. J., "George Rogers Clark and the Kaskaskia Campaign, 1777-
1778", in American Historical Review, viii. New York.
The Character and Influence oj the Indian Trade in Wisconsin. J. H. U.
Studies, ix., Nos. 11 -12. Baltimore, 1891.
"The Policy of France toward the Mississippi Valley in the Period of
Washington and Jefferson", in American Historical Review, x.. No. 2.
New York.
Van Tyne, C. H., The American Revolution. Vol. ix. of Hart's The Ameri-
can Nation. New York, 1905.
638 ILLINOIS HISTORICAL COLLECTIONS
Viollet, P., Histoire du Droit Civil Frangais. 3d ed., Paris, 1905.
Volney, C. F., View oj the Climate and Soil oj the United States of America.
A Translation. London, 1814.
Washington Papers, MSS. in the Library of Congress.
Winsor, Justin, Narrative and Critical History oj America. Vols, iv.-vi.
Boston, 1886.
The Mississippi Basin, 1697-1763. Boston, 1895.
Westward Movement. Boston and New York, 1897.
Wisconsin Historical Collections. 16 vols. Madison, 1885 ff.
Withers, A. S., Chronicles oj Border Warjare. Ed. by R. G. Thwaites.
Cincinnati, 1895.
Woodward, Dodge Genealogy.
INDEX
Abbott, Gov,, mentioned, cxxiv.
Act creating County of Illinois, 9;
see also ibid, n. i.
Administration of justice by Court of
Cahokia, Ixiii.
Agents to Congress, denial of, 595 ;
Prevost, 479, Lebrun, 573, Cerr6,
587, 595, Tardiveau, 591.
Agreement, between Cahokians and
Tardiveau, 591 ; that court remain
French, cxxxv.
Alary, an American, 361,
Alarie (AUary, allarey, Alary), Cle-
ment, justice, 241-269, 505 ; plf.
in behalf of minors, 129, vs. Cesirre,
155, vs. Hardouin, 199; def. in
Pillet vs., 249; mentioned, 225,
573-
Alarie, J. Bte., biog. notice, 631, n.
89; justice, 131-147; witness, 29,
401; land to, 229; mentioned, 389,
573> 593. 614.
Alarie, Jos., def. in Martin vs., 55;
mentioned, 455, 533.
Alarie, Mde., 419.
Alexandre, Fr., biog. notice, 631, n.
97; guardian, 47; witness, 45,, 209.
Alexis, savage, sold, 459.
Allison (Ellison), John, heirs of, 321,
327. 512.
Amellin, see Hamelin.
Americans, as traders and settlers in
Illinois, xxvii., xxx., cxxii.; assist
eastern revolutionists, xxxii.; re-
sponsible for anarchy, cxxi. ; given
franchise, cxxxiv.; contract with
Tardiveau, cxxxviii.; in Cahokia,
cxlviii. ; attempt to set up indepen-
dent court, cxlviii.; mentioned, 553.
American Bottom, description of,
xiii., origin of name, xiii., n. i ; un-
healthiness of, xiv.; population of,
XV. ; map of, (see end of vol.), xv.,
n. I.
Angers (Ange), Aug., bondsman, 59;
plf. vs. Gratiot, 109, in; def. in
Brisson vs., 65, 71, 73, in Motard
vs., 115; witness, 113; mentioned,
125.
Antaya, see Pelletier.
Appeal to Virginia by French, Ixxxiii. ;
by Bentley, cii.
Arbitration, trial by, 160, n. i ; suit
referred to, 161, 253, 299, 307, 347,
387; verdict by, 167, 367, 427.
Ardouin, see Hardouin.
Armant, see Harmand.
Arnoux, Fr., def. in Durand vs., 155.
Arpent, definition of, 176, n. 2, 233, n.
2.
Arraignment of negro poisoners by
state's attorney, 19.
Arundel, Wm., biog. notice, 306, n. 2 ;
affidavit by, 445; petitions, 425;
obtains summons, 401, 407; plf.
vs. Vaudry, 307, vs. Lepage, 315,
vs. Morel, 347, vs. Coste, 403, 407,
vs. Pelletier, 441, vs. Cesirre, 441,
vs. Lapanc6, 443; represents La-
forme vs. Clark, 365; witness, 523;
arbitrator, 427; registers verdict,
367, mentioned, 355, 429, cxlvii,
cxlviii.
Askins, John, biog. notice, 512, n. i;
member of Miami Co., 511; gives
power of attorney, 509, 511; letter
to, from McCarty, xxxv.; men-
tioned, cxlvii.
Asselin, Jos., plf. vs. Dubois, 103,
105; def. in Saucier vs., 75, in
Pillet vs., 131.
Assembly of inhabitants, functions of,
xxiii. ; where held, xxiii. ; regulates
trade, xxxii.; mentioned, 61, 129,
479-
Assessment of, Kaskaskia for sup-
plies, Ixxvii.; of Cahokia, Ixxxiii.
Aubuchon, Marie, widow of Locat,
registers will of husband, 467.
Backwoodsmen, description of, Ixiv.
Bacon, Richard, mentioned, xxviii.
Bailey, Capt., writes concerning lack
of supplies, c.
Balloting, Ix., 93, n. i
639
640
ILLINOIS HISTORICAL COLLECTIONS
Barbau, J. B., biog. notice, Ivi., n. 2,
cxxxii.; one of the gentry, xix.;
favorable to colonists, xxxvi. ; gives
financial aid, li.; commandant of
Prairie du Rocher, Ivi., 493 ; justice,
Ixi., 489; appointed deputy county
lieutenant, cxxxii. ; mentioned, 345.
Baribaud, Jos., def. in Saucier vs.,
267.
Baribeau, Le Petit, 455.
Baron, A., 573.
Baron, Bte., biog. notice, 628, n. 60;
justice, 131-147; plf. vs. Lambert,
221; def. in Levy vs., 257, Dumay
vs., 285; juror, 73; witness, 169;
mentioned, 225, 573, 593.
Baron, Gabriel, biog. notice, 632, n.
102; justice, 131-147; obtains
summons, 389, def. in Lardoise
vs., 245, Vaudry vs., 249, Vade-
boncoeur vs., 269; witness, 23;
contract of marriage, 519; men-
tioned, 147, 151, 225, 423, 493.
Barsalous, minors, 163.
Barshares, Tobias, 517.
Bastien, Bte., negro, 4.
Bauvais family, members of the gen-
try, xix.; favorable to American
revolutionists, xxxvi.; gives finan-
cial aid, li.
Bauvais, Ant., elected justice, cvii. ;
cxxxv. ; president of court, cviii.;
emigrated, cxliv.
Bauvais, J. B., elected justice, cxvi.,
cxxxv.; emigrated, cxliv.
Bauvais, Vitale, elected justice, cviii.,
cxvi., cxxxv.; pres. of court, cxvii.;
emigrated, cxliv.
Bayles, Andre, def. in Tusson vs.,
239-
Baynton, Wharton, and Morgan, firm
trading in 111., xxviii.
Beadlery, tax for, 239, 279.
Beaulieu, Michel, biog. notice, 627,
n. 47; justice, 7-51; appointed
captain, Ivi.; summoned, 5; plf.
vs. Lecomte, 5; witness, 471;
death, 145, n. i; mentioned, 6. 457,
53I: 545-
Beaulieu, Michel, jr., witness, 123;
mentioned, 481, 483, 627.
Beaulieu, Mde., biog. notice, 627, n.
43; plf. vs. Harmand, 141, vs. Gir-
ard; n.223; def.inGirardinz'^., 229.
Beauregard, (Bourgard), 615; sells
peltry to Todd, Ixxxviii.
Beausoleil, see Billet.
Beausoleil, Mde. Pourre, plf. vs.
Harmand, 171; mentioned, 175.
Beautheau, witness, 7.
Becquet, (Bequet), J. Bte., plf. vs.
Grandmont, 189; def. in Harmand
vs., 173; witness, 181.
Becquet, Ch., writ against, 389.
Belcour, (BelCour, Bellecour), Jos.,
biog. notice, 625, n. 1 1 ; def. in Levy
vs., x'j'j; mentioned, 139, 573, 593.
Bell, juror, 283.
Bellan, Michel, estate of, 49, men-
tioned, 53, 69.
Bellefeuil, Jos., justice, 147-167;
signs ordinance, 567.
Belief ontaine, settlement of, cxxii. ;
justice appointed at, cxxii.; ceases
to belong to Kaskaskia district,
cxxxv.; joins Cahokia district, cl.;
court and militia captain of, 307;
sets up independent court, 519,
cxlviii. ; rights to land in, cxxxviii. ;
mentioned, 327, 389, 515.
Bentley, Th., character of, xcvi.;
trading company of, xxviii.; ac-
cused by Rocheblave, xxxii. ; makes
counter charges, ibid, n. 2; arrest
of, XXXV., see also ibid, n. 2 ; sends
supplies, 612; letter of, 475;
arrived in Kaskaskia, 618; partner-
ship with Dodge, 621, xcvi.; report
on De la Balme, 618; brings suit
against McCarty and Perrault, ci.;
refuses to take oath of allegiance,
ibid; appeals to Virginia, cii.;
failure of, to realize on drafts,
cviii.; death of, cviii.
Bergeron, (Bargeon), J. Bte., im-
prisoned, 95; plf. vs. Tabeau, 81,
vs. Chartier, 83; juror, 195, 207;
mentioned, 225, 419
Bergeron, Louis, plf. vs. Dubois, 353.
Bienvenus, favorable to Amer. revo-
lutionists, xxxvi.
Biggs, George, 365.
Biggs, Th., executor of Moore's will
349, 357> 389, 517- .
Biggs, William, justice at Belief on-
taine, 307 ; plf. vs. Morris, 343 ;
mentioned, 43.
Big Hill, 565.
INDEX
641
Biguier called Grosl^, Fr., sr., 271, 355.
Biguier called Grosl6, Fr., jr., de-
ceased, 271, 355.
Biguier called GroslC; Jos., biog.
notice, 631, n. 87; def. in Gerosme
vs. 285, 303.
Bilelle, plf. vs. Neveux, 91.
Billet called Beausoleil, Pierre, oath
as clerk, 339; writ against, 389;
plf. vs. Lecomte, 259, vs. Smith,
341, vs. Clark, 351; def. in Courier
vs., 241, Martin, vs., 383; juror,
283; deputy huissier, 429; men-
tioned, 265, 381, 399, 593.
Billet called Grolet, Jos., plf. vs.
Lefevre, 165; def. in Harmand vs.,
.173-
Bingo, Moore's negro, 517.
Biron, Henry, biog. notice, 628, n.
49; justice, 333-447; plf- ^^•
Chartier, 235; juror, 195; men-
tioned, 151, 225, 237, 357, 593.
Bishop of Quebec, 622; appoints
Father Gibault, xxv., cxxxi. ; with-
draws jurisdiction from Illinois,
cxxxv., n. 5.
Bissonette (Bissonet), Jos., biog.
notice, 627, n. 41; justice, 167-195;
plf. vs Quenel, 183; witness, 83;
mentioned, 161, 573.
Blay, 259.
Bleakley, Josiah, appointed attorney,
523-
Bleomar, 555.
Blin (Blain), George; biog. notice,
629, n. 72; pres. of court, 93-129,
131-145; juror, 73; executor, 145;
mentioned, 121, 481; deceased, 163.
Blin, widow George, plf. vs. Lecomte,
233; mentioned, 163.
Blockhouse at Grand Ruisseau, 289.
Blondeau, 367, 449.
Bloiiin, Daniel, agent for Illinois, xxxv.
Blue Licks, battle of, ex.
Boisbriant, 593.
Boismenu, Nicolas, biog. notice,
628, n. 48; plf. vs. Hamelin's
estate, 87.
Bond, Shadrach, executor of Moore's
will, 349. 357' 389* 517; men-
tioned, cxxii.
Bons, note on, 218, n. i.
Bosseron, gives financial support, li.
Boulin, definition of, 284, n. i.
Bournes, witness, 6.
Bouthiellier, Jn., witness, 524.
Bouthiellier, Peter, executor of Kay's
will, 523.
Bouvet, obtained writ, 405, 413;
mentioned, 225.
Bouvet, E., 573.
Bouvet, Maturin, def in Cadron vs.,
391 ; appointed judge at Kaskaskia,
cxxxii.
Bouvet, Rene, plf. vs. Gaud, 143;
exchange of property with Felix ,
3^7-
Bowman, Jos., biog. notice, 2, n. 4;
occupies Cahokia, xlv. ; arouses
the French to enthusiasm, Ixxxiii. ;
letters from, 610-613; justice, 2-8;
mentioned, 527.
Boyer, Ant., juror, 195, 207; men-
tioned, 163, 225, 457, 481, 573.
Bracanda, Fr., 631.
Brady (Bredy), Th., biog. notice, 627,
n. 40; trader, xxix. ; justice, 197-
233; huissier, 297, 327, 383, 407,
423; Indian commissioner, 130, n. i;
plf. vs. Lorens, 265, vs. estate of
Dubuque, 309; def. in Gaffe vs.,
159, Dubuque vs., 275, Dumoulin
vs., 383; witness, 49; with Levy
obtains trading privilege, 215;
land grant to, 197; mentioned,
129, 159, 413, 457, 573, 579, 593,
cxlviii.
Brady, Mde., biog. notice, 276, n. i,
352, n. i; mentioned, 620.
Brazeau, not reappointed captain, Ivi. ;
elected justice, cxvi. ; cxxxv. ; men-
tioned, c.
Brisbois, 153.
Brisson, Alexis, biog. notice, 624, n.
9; plf. vs. Angers, 65 ; trial of, 71;
assault by, 334, n. i ; depositions
in prosecution of, 335-339 ; witness,
59; mentioned, 411, 737.
Brisson, Woman, def. in Veroneau
"^^•y 357' in Dumoulin vs., 359;
mentioned, 335, 355.
Brisson, Pierre, plf. vs. Germain, 329.
British, the, attack of, on Illinois, 531,
n. I, Ixxxvii. ; expected attack from,
58, n. I, 61 ; agents of, in Illinois,
92, n. 2, 553, 555, 559, cv.; spies of,
cxxiii.; intrigues of, with Dodge,
cxxx.
642
ILLINOIS HISTORICAL COLLECTIONS
British government of the Illinois,
XXV. ; minor officials, xxvii.
.British merchants at Cahokia, cxlvii.
British occupation of the Illinois, xxv.
Butard, Ch., 626.
Buteau, (Butau), 151, 225.
Buteau, Ch., juror, 73; mentioned,
481.
Buteau, Jos., biog. notice, 626, n.
28; def. in Harmand 'z;^., 127.
Buteau, Marie Louise, registers con-
tract of marriage, 493; mentioned,
147.
Buteau, Michel, def. in Levy vs., 113,
119.
Buteau's Point, 565.
Buyat, Ant., writ served on, 405;
mentioned, ibid.
Buyat Labecasse, 129.
Buyat, Mile., 13.
Byram, Benjamin, summons to, 405;
def. in Chisholm vs., 405.
Cabassier, Pierre, biog. notice, 631, n.
84; mentioned, 225.
Cabrie, negro sold to Turanjeau, 459.
Cadien, 57, 139, 245; see Savoy.
Cadien, Charly, 419.
Cadien, J. Bte., biog. notice, 626, n.
27.
Cadron, Ch., biog. notice, 624, n.
10; plf. vs. Bouvet, 391; men-
tioned, 133, 279, 573.
Cahokia (Cahos, Cahous, Cahokias,
Kahos, Kahokia), population, of
XV., cxlvi., 624; description of
land at, 505, taken by Bowman,
xlv.; enthusiasm of people of,
610-613; levies in, Ixxxiii.; Court
of Committee of, xlvii., 2-8;
inauguration of court of, Ixi. ; charter
of court of, Ixiii., Ixxxiv. ; good
order at, 589, cxlvi.; people of,
send to Clark, Ixxxviii., 531 ; hos-
tility of people of, Ixxiv. ; De la
Balme in, 620 ; inhabitants of, to De
la Balme, 535; people of, send
representative to Virginia, ciii.,
479; British agents at, cv., 92, n.
2,553»555» 559; petition of people
of, to Congress, 567, 581; men-
tioned, 123, 253, 299, 555, 557.
Cahokians, readiness in raising sup-
plies, 613; eagerness to volunteer,
611; opposition to the mihtary, 614,
616; protest against claims of Pen-
tecoste, 581; agreement of, with
Tardiveau, 591; letter of, to Tar-
diveau, 595.
Cahokia Documents, English, 610;
French, 526.
Cahokia Records, account of, clii.
Cahorn (Kaorn), plf. vs. Grandmont,
301 ; juror, 283.
Caillot called Lachance, Jos., biog.
notice, 624, n. 7; vs. Troge, 199,
vs. Dumoulin, 233, vs. Lapanc^,
361, vs. Martin, 361; mentioned,
217. 353» 355» 413-
Camp, deceased, 255.
Camp (Caimps), widow, 253.
Campbell, John, appointed land
agent, Ixx.
Camus, Fr., plf. vs. Hardouin, 191.
Canada, Illinois settlers from, xvii. ;
trade intercourse with, xvii., xxvii.,
xxxi., civ., cxlvii.; families from,
624 et seq.; mentioned, 313, 371,
375-
Canadien, Francois, 337.
Cantine, a creek near Cahokia, 29.
Carbonneaux, Fr., elected clerk of
court of Kaskaskia, Ixi.; opposes
appointment of another notary,
cvi.; member of Winston's party,
Ixxxvi., cxii. ; representative to
Virginia, cxviii. ; makes deposition
concerning conditions, cxx.; emi-
gration of, cxliv.
Carroll, John, Prefect Apostolic, cxxxi.
Cascakia see Kaskaskia.
Cattle of French, shot by Virginians,
Ixvii., cvi.
Census of Cahokia, 624.
Cerre (Ceres), Gabriel, biog. notice,
XX., n. 2; leader of British party,
xxxvii.; absent at occupation of
Kaskaskia, xli. ; won over by Clark,
xliv. ; gives financial aid, li., n.
3 ; elected justice, Ix. : settles in
St. Louis, Ixxxiii.; accused by
Bentley, c; plf. vs. Harmand, 135,
i37» 195; attaches Harmand's
property, 193 ; charges for supplies,
616; executor of Locat's will, 471,
of Jas. Moore's will, 347, 517;
agent to Congress, 585, 595 ; men-
tioned, Ixxv., cvii., 55, 59, 85, 167,
187, 341, 357, 485-
INDEX
643
Cesirre, Hyacinthe, 349.
Cesirre (Cecire, Cecirre), Jos., 225;
biog. notice, 625, n. 12; justice,
93-129; summons served on, 411;
plf. vs. Grandmont, 165; def. in
Alarie vs., 155, Arundel vs., 441,
Harmand vs., loi, Lamarche vs.,
175, Lemay vs., 133; death of,
Ivi.; mentioned, xxxvi., 145, 169,
357,481,573.
Chabot, Nicolas, oath as bailiff, 5 1 ;
oath as sheriff, 95, 131 ; mentioned,
4S7> 553-
Chalfont, 355.
Champlin, 229.
Chanarde, P., 449.
Charieville, Charles, elected justice,
Ixi. ; mentioned, 489, 610.
Charieville family, members of the
gentry, xix. ; favorable to the Amer.
revolutionists, xxxvi.; give finan-
cial aid, li. ; emigrated, cxliv.
Charieville, Fr., elected justice, cxvi.
Charieville, J. B., elected justice,
cvii.
Charly (Charle) called St. Ange
Michel, biog. notice, 626, n. 25;
plf. vs. Grandmont, 279, vs. Har-
douin, 239: def. in Labuxiere vs.,
7, Lacroix vs., 8.
Charpentier (Charpantier), Pierre,
witness, 169; mentioned, 183, 235.
Chartier, Michel, def. in Bergeron vs.,
83, Biron vs., 235, Levy vs., 183,
Saucier vs., 343.
Chartran, Amable, biog. notice, 631,
n. 86.
Chartran, Bte., plf. vs. Troge, 287.
Chatel, Louis, biog. notice, 630, n.
75; justice, 167-195, 241-289,
339-505; witness, 77; as attorney,
73; mentioned, 225, 229, 573
Chatelereau, writ against, 389; men-
tioned, 297.
Chatigny, Ignace, accused and placed
under bond, 59; imprisoned, 65;
def. in Morel vs., 305, Coste vs.,
399-
Chatigny called Lacouture, Jos.,
biog. notice, 631, n. 85; land grant
to, 229; see Lacouture.
Chauvin, Jean, biog. notice, 627, n.
46.
Chauvin, Pierre, 129, 455.
Chenier (Chesnier), 573.
Chenier, Claude, biog. notice, 628, n.
54-
Chevalier, 279.
Chevalier, Fr., obtained writ, 393;
plf. vs. Ciquar and Lavertu, 373.
Chevalier, Pierre, 573.
Chief Flee, 31.
Chief Wolf, 31.
Chisholm, Hugh McD., plf. vs.
Clark, 329, 331, vs. Byram, 345.
Chouteau, Auguste, surety for note
of Robidou, 523; mentioned, cxlii.
Chretien, Fr., juror, 73.
Chretien (Chrestien, Cretien), Pierre,
biog. notice, 628, n. 50.
Church, Catholic, of U. S., extended
to Illinois, cxxxi.
Churches, description of the, xxiv.
Church wardens, 249, 269, xxiv.
Ciquar, Louis, def. in Chevalier vs.,
373-
Clairmont, see Clermont.
Glamorgan, Jacques, biog. notice,
238, n. 3; accused of robbery, 385 ;
plf. vs. Duchesnau, 305, vs. Wood,
331, vs. Piggot, 363, vs. LaCoste,
409, vs. Coste, 435, intervening in
Laforme vs. Clark, 367 ; mentioned,
239> 355. 421.
Clark, Francis, writ against and arrest
of, 389; obtains summons, 405;
def. in Chisholm vs., 329, 331,
Billet vs., 351, Laforme vs., 365;
witness, 519; mentioned, 355, 357,
421, 541.
Clark, Geoige Rogers, sends spies to
Kaskaskia, xxxix. ; ignorant of
Amer. party in Illinois, xxxix., xlii. ;
his plan to make attack, xxxix.;
the occupation of Illinois, xlii. ; wins
support of Cerre, xliv. ; critical
situation of, xlvi. ; acts as judge,
xlvi. ; establishes courts, xlvii. ;
speech by, at inauguration of court,
Iviii.; letters to, from Gratiot, 527,
555, from Cahokians, 531, from
Linctot, 553, from Bowman, 610,
611, 612, 613, from McCarty, 617;
repels attack on Cahokia, Ixxxviii. ;
makes expedition against Shawnees,
Ixxxix. ; approves of immigration,
Ixx. ; land granted to, 581, 621;
letter from, concerning dishonest
644
ILLINOIS HISTORICAL COLLECTIONS
practices of officers, xcix. ; letter
from, to court of Kaskaskia, cix. ;
attacks Miamis, ex.; approves of
Bentley, cviii.; advises French to
revive former magistracy, cxxix. ;
unauthorized attack on Indians,
cxxxiii. ; never received recompense,
Ixvii. ; mentioned, civ , i, 449, 479,
537. 539-
Clark MSB., account of, cliii.
Clermont (Clairmont, Clemont), 507,
553-
Clermont, Louis, biog. notice, 628, n.
61; petitions, loi.
Clermont, Joseph, 93.
Code of Laws and Bill of Rights,
Ixii., cxxv.
Colin, Jean Bte., 335.
Collins, Thomas, trader, xxix.
Commissioners from Virginia, cxix.,
cxx.
Commons, description of, xxii.; law
of, 89, n. I, 615.
Common field, description of, xxii., see
also, 46, n. 2; gate of, 138, n. 2.
Commodities paid for tithes, price of,
369-
Community of goods, note on, 272, n.
I, 276, n. i; renunciation of, 271,
371-
"Companion of Young Men," men-
tioned in will of Moore, 517.
Compte, Aime, elected justice, cxvi.;
reappearance of, as judge, cxxvi. ;
def . in LaCroix vs., 32 1 ; mentioned,
573-
Compte, Louis, biog. notice, 629, n. 68.
Comte, Jos., 321.
Concessions of land, Ixxxv. ; to French
by U. S., cxxi.
Conclusion of petition, 184, n. i.
Conet, M., sergeant, 325.
Congress, memorial to, 567, 581 ;
letter to, 589; agent to, 479, 573,
5^7' 595 ; action of, on petitions,
cxxx. ; reply of, reaches Kaskaskia,
cxxxiii. ; memorials of Tardiveau
to, cxxxix.
Conn, John, estate of, 59 ; mentioned,
55-
• Connecticut, 465.
Constant, Gabriel, plf. vs. Lapance
45, vs. Harmand, 133; witness, 25;
mentioned, 3, 553.
Continentals, passed at par, xlix ;
called in, Ixxi.
Contracts of marriage, 493, 519.
Cornwallis, surrender of, ex.
Correspondence with Congress, diffi-
culties of, 589, cxxix.
Corset, Fr., elected justice, cxvi.,
cxxxv. ; emigrated, cxliv.
Coste, Louis, order to arrest, 407;
obtains writ, 381, 411; writ served
on, 401, 407; plf. vs. Chatigny,
399; def. in Arundel vs., 403, 407,
Laille vs., 421, Glamorgan vs.,
435; mentioned, 413.
Cotton de Maillier, negro sold to
Turanjeau, 459.
County of Illinois, history of Act
creating, cxviii., see also, 9, n. i ;
limits of, lii.; establishment of,
ibid.
County courts of Virginia, the model
for those of Illinois, xlviii.
County government, relation of Ca-
hokia to, cxlvii.
Coureurs de hois, description of, xviii.
Courier (Courie, Courrier), Fr., biog.
notice, 629, n. 66; justice, 51-93,
147-167, 197-233; churchwarden,
269; plf. vs. Billet, 241; juror,
195; mentioned, 183, 243, 481,
553> 573> 579-
Court vs. Pepin, 437.
Court of Com. of Cahokia, 2-8; date
of establishment of, xlvii.
Court of Cahokia, good administra-
tion of, cxlvi. ; prevents estab-
lishment of independent American
court, cxlix. ; end of, cl.
Court of inquiry concerning charges
against Rocheblave, xxxii., n. 2.
Court of judicature under British
period, Ivii.
Court of Kaskaskia, Clark possibly
mistaken about establishment of,
xlviii., n. I ; memorial of, to Todd,
Ixvii.; prohibits exports, Ixxvii.;
people protest to, Ixxx. ; letter of, to
Montgomery, Ixxxi. ; opposes Bent-
ley, ci.; lettei of, to Rogers, ihid;
refuses to support Winston, cxiv. ;
abolished, cxvii. ; revival of, cxxxiv. ;
end of revived, cxl.
Courts, estabHshed by Todd, Ivii.;
discussion of, Ixii.; champions of
INDEX
645
French, Ixvi. ; established at Belle-
fontaine and Grand Ruisseau, 307,
cxxii., cl.
Courtois, plf . vs. Renoux, 287 ; juror,
283.
Courville, 265.
Courville, Cocue, 457.
Courville, Mde., 31.
Courville, Pierre, biog. notice, 622,
n. 30.
Coidume de Paris, Ixiii.
Cowley (Courley), Abraham, works
of, 517-
Creoles, 557.
Cruickshanks, Robert, executor of
Kay's will, 523.
Cruzat, Fr., commandant at St.
Louis, letter of, to court at Cahokia,
515; arrests British agents, 553,
55S» 559. cv.; duplicity of, cv.;
seizes deserters on U. S. soil, cxxvi. ;
mentioned, 279, 305, 375.
Cul de sac, fences of, 159.
Cumberland, 307.
Curator, law of, 96, n. i.
Dalton, writes concerning De la
Balme, 618.
Dau, (D'au), 25.
Deane, Silas, recommends De la
Balme, xc.
Dechene, Le Beau, 445.
Decoste, J. Bte., plf. vs. Lussier, 41 ;
mentioned, i; see also Coste.
Defence, order for, 33; preparations
for, 61 ; co-operation with Spanish
for, 59.
Dehay, see Deshayes.
Dejean, Judge, released on parole,
xcvi.; desires to send to Detroit,
477-
Dempsey, John, biog. notice, 407, n.
3; mentioned, 407.
Denau, def. with Lepage in Lasou-
dxay vs., 7; mentioned, 457.
Denier, definition of, 192, n. 2.
De Peyster (Depoister), Major, 612.
Deshayes called St. Cyr (Dehay,
Desayes), J. Bte., biog. notice, 624,
n. 5; justice, 147-167; mentioned,
225, 481.
Deslongchamps see Hubout.
Desjardins called Gonneville, J.
Bte., biog. notice, 627, n. 45; men-
tioned, 359.
Desjardins, 359.
Desloges (Deloge), Jos., 75; see
Poirier.
Desloges, Renard, 457.
Des Ursins, 593.
Detolsey, Mde., 8.
D'etre, 457.
Detroit, expedition planned against,
xxxiv.; Clark plans to attack,
Ixxvi. ; De la Balme plans to attack,
xci., xcii. ; intercourse with, 569;
mentioned, 509, 612.
Dion, Fr., biog. notice, 626, n. 26.
Disease of cattle, 203.
Dishonesty, accusations of, xcvii.,
xcviii.
Districts, judicial, in Illinois, Ivii.
Dodge, John, biog. notice of, xcv.;
historical sources for acts of, cxxviii.,
n. 4; Indian agent, xcv.; partner-
ship with Bentley, xcv., xcvi., 621;
land grant to, Ixxxv. ; actions to be
investigated, xcix.; friendly to De
la Balme, 620; testifies concerning
Bentley, cviii. ; leaves Kaskaskia,
cii. ; returns, cix. ; arrests Winston,
cxiv. ; position of, at Kaskaskia,
cxiii., cxxvii. ; party of, cxii. ; con-
nection with De Monbreun, cxxiv. ;
seizes old fort, cxxviii., see also,
ibid, n. i, 569; petitions Congress,
cxxix. ; opposes Clark, cxxxiii.;
leaves Kaskaskia, cxxxiv.; relation
of, to Tardiveau, cxxxvi. ; attack
of, on Langlois, cxxxviii. ; leads
Indians into Kaskaskia, cxlii.;
mentioned, c, 569.
Dodge, Israel, mentioned, cxiii.
Donation of goods, 80, n. i, 81, 469,
519-
Dorciere, attorney for Cerre, 515.
Dorion, 507.
Dorion, Jean Marie, biog. notice, 626,
n. 31; note of Robidou to, 521;
mentioned, 225.
Dorion, Pierre, plf. vs. Ducharme,
75; mentioned, 481, 573.
Dornon, 457.
Drafts, difficulty concerning, cxix.
Draper Manuscripts, account of,
cliii.
Drouart, 457.
Dube, Jos., def. in Laurins vs., 105;
mentioned, 553.
646
ILLINOIS HISTORICAL COLLECTIONS
Dubois (Durbois), 65 et seq., 109.
Dubois (Durbois), J. Bte., plf. vs.
Harmand; def. in Bergeron, vs.,
353.
Dubois, Mich., plf. vs. Martin, 57.
Dubois, Pierre, biog. notice, 629, n.
65 ; def. in Asselin vs., 103, 105 ;
Huberdeau vs., 431; mentioned,
381.
Dubreuil (De Breuil), plf. vs. Trottier,
259; mentioned, 2, 259, 385.
Dubreuil St. Cyr, 483.
Dubuque, 365, 481, 573.
Dubuque, Augustin, biog. notice, 310,
n. i; oath of allegiance, 265; plf.
vs. JBrady, 275, vs. Martin, 283;
def. in Martin vs., 277, Dumoulin
vs., 283; appointed attorney, 505;
transfers same, 509; petitions for
Jautard's claim, 497; mentioned,
379» 505? 625; estate of, note on,
310, n. I, 378. n. I ; property of,
429> 513; trustee of, 313, 393;
rights of preferred creditors of, 311;
of alien creditors, 313; def. in
Lafleur and Brady vs., 309, Lonval
vs., 315, Lacroix vs., 323, widow
vs., 371, Huberdeau vs., 375; in
Gamelin vs. Gigon, 378.
Dubuque, J. Bte., biog. notice, 629,
n. 67; commandant, 265, 267;
justice, 93-i29,_ 133-147, 197-233,
339-441 ; magistrate for fences,
221; juror, 195; witness, 475;
mentioned, 243 339, 401, 405, 579,
593-
Dubuque, Julien, 625, n. 15.
Dubuque, Mde. Archange Pratte,
widow of Augustin, rights of, 313;
sues for dower, 371; mentioned,
325, 377-
Deschamp, 253.
DuCharme, 109, 115, 327, 367, 593.
DuCharme, Charles, biog. notice,
628, n. 56; justice, 5i-93> 197-233.
297-447; church warden, 269; plf.
vs. Roy; def. in Dolion vs., 75;
juror, 195; attorney for Trottier,
259; mentioned, 67, 243, 455, 579.
DuCharme, Laurent, 169, 283.
Duchenau, summons served on, 413;
def. in Clamorgan vs., 305.
Duchenau, Fr., witness, 417; men-
tioned, 183.
Dumay (Dumai), J. Bte., biog. notice,
626, n. 32; justice, 167-195; plf,
vs. Mallet, 151, vs. Baron, 285, vs.
Michaels, 297; def. in LaCurie
vs., 257; witness, 113; juror, 207;
contract of marriage, 519; men-
tioned, 193, 225, 237, 519, 573.
Dumoulin, Jean, biog. notice, 230, n.
i; obtains writ, 401; summons
served on, 411; plf. vs. Troge, 217,
vs. Dubuque, 283, vs. Gervais, 349,
vs. Woman Brisson, 359, vs. Brady,
383, vs. LaCoste, 409, vs. Pencrasse,
423; def. in Caillot vs., 233, Lori-
mier vs., 299, Germain vs., 361,
Harmand vs., 443 ; arbitrator, 369,
427 ; receives power of attorney, 509 ;
mentioned, 231, 351, 355, 421, 423,
457. 524-
Dunmore, Lord, interested in western
lands, xxix.
Duplasy, Jos., favorable to Amer.
revolutionists, xxxvi. ; appointed
captain, Ivi. ; elected justice, Ixi. ;
leads De la Balme's party, 620 ;
death of, cvii.
Dupuis, 573.
Durand (Durant), def. in Harmand
vs., 173; mentioned, 53, 55, 455.
Durand, Marie, plf. vs. Arnoux, 155;
note of, 213; mentioned, 53, 55,
455-
Durocher, Laurent, 85, 492, n. i.
Duverger, Fr., Forget, priest and
'grand vicar, sale of land by, 499,
507-
Eagle River, settlement at, 307;
mentioned, 433, 597.
Ecu, definition of, 44, n 3.
Edgar, John, biog. notice of, cxxxiii.,
n. 3; pledges support to French
court, cxxxv. ; estimate to Kaskas-
kians, cxl.; attacked by Dodge,
cxlii. ; threatens to leave Kaskaskia,
cxlv.
Edict of 1763, prohibits settlements
in Northwest, xxix.
Elections, regularity and irregularity
of, Ixxxiv. ; of justices of Cahokia,
Ixi., 51, 93, 131, 147. 167, 197, 241,
297, 339, cxlvi.; of justices of Kas-
kaskia, Ix., cvii., ex., cL, cxxxiv. ;
of justices at Prairie du Rocher,
Ixi., cxvi. ; at St. Philippe, Ixi.
INDEX
647
Elliot, American spy in west and cor-
respondent of Morgan, xxxiv., n. 2.
Ellison, see Allison.
Emigration to Spanish settlements,
Ixxxiii., cxli., cxlii.
Engel (Angel), Ph., biog. notice, 631,
n. 96; justice, 197-233, 297-327,
339-447; plf- '^s- Pentecoste, 255;
attorney for St. Pierre, 393; wit-
ness, 209; juror, 195; mentioned,
325; 32 7» 593> cxlviii.
Escalin, definition of, 176, n. i.
Estates of Virginia, 597.
Et^, Etienne, 457.
Etienne, savage sold to Cadien, 459.
Evacuation of Illinois planned, Ixxx-
vii., 619; partially carried out,
xcv. ; final, cix.
Exportations prohibited, Ixxvii.
Expositive, definition of, 192, n. i.
Extract from the Registers of the
Magistracy of Cahokia, 449-525.
Fagot, Jr., 455.
Falls, G. R. Clark at, 559.
Farelle, J., 381.
Faucher, notary of Quebec, 371.
Felix, J. Bte., plf. vs. Lapanc6, 317.
Fence, Common, 221; party, 255.
Ferrant, late, 51, 53.
Filet, definition of, 418, n. i.
Financial aid, from Virginia, Ixvii.,
li.; from French, xlvi., li., Ixxvi.
Finney, James, def. in Louigaud vs.,
49.
Florida, 555.
Foreign Missions, Seminary of, 223,
499» 507-
Forgery of paper money, Ixxi.
Forget, 207.
Ft. Bowman at Cahokia, Ixxvi., 3.
Ft. Clark at Kaskaskia, Ixxvi.
Ft. de Chartres, 495.
Fort de Chartres village, see Nouvelle
Chartres.
Ft. Jefferson built, Ixxxvi.; condi-
tions at, 619 ; attacked by Indians,
xciv.; Piggott at, 190, n. i.
Ft. Patrick Henry at Vincennes,
Ixxvi.
Foucher, Ant., notary at Montreal,
507-
Fowler, Alex., gives De la Babne letter
of recommendation, xc.
Fox Hill, 177.
France, attachment to, 539, 551, xiv.
Franfois, negro sold to Lecompte,
459-
Franklin, Benj., interested in western
lands, xxix.; recommends De la
Balme, xc.
Franklin, Wm., interested in western
lands, xxix.
Franks & Co., trading firm, xxviii.
French settlers, origin of, xvii. ; those
of Kaskaskia and Cahokia have
same origin, xvii., n. 2; the voya-
geurs and coureurs de hois, xviii.;
the gentry, xix. ; discussion of
source material for description of,
xxi., n. I ; not farmers, xxiii. ; de-
sire for independence, xxxv., xliv.;
love of, for France, xlv., 537;
military aid of, to Clark, xlvi.,
Ixxxviii.; furnish supplies, xiv.,
Ixxv., Ixxvi., Ixxviii., Ixxx. ; de-
ceived concerning value of paper
money, xlix., see also ibid, n. 3;
fail to receive compensation, cxxi.,
cxl. ; desire civil government, xlix. ;
delivered by Todd to military,
Ixxviii. ; hardships of, Ixxxi., hostility
of, to Virginians, xc, 614; threaten
to appeal to Governor, Ixxxii. ; emi-
gration of, Ixxxiii., cxxxi., et seq.,
cli. ; aroused by De la Balme, xciii. ;
expect assistance from France,
xcii. ; hostility of, to Winston,
Ixxxvi.; protest against American
justices, cxxxv. ; contract with
Tardiveau, cxxxviii.
French treaty of alliance, importance
of, in Illinois, xliv.
French women, poor housekeepers,
xxii.
Frincs, Jimmie, 457.
Gaffe, J. Bte., plf. vs. Brady, 159,
vs. Harmand, 181, 201; def. in
Gagne vs., 153, Morel vs., 197;
juror, 195.
Gage, Gen., annuls purchases of land
from Indians, xxx.
Gagn6, 543, 573-
Gagne, Claude, plf. vs. Gaffd, 153;
mentioned, 121, 455.
Gagne, Ralph, justice, 93-129; juror,
73, 207; mentioned, 139; deceased,
273; estate of, vs. Poupar, 253;
property of, 361; mentioned, 225.
648
ILLINOIS HISTORICAL COLLECTIONS
Gagnon, Pierre, syndic for affairs of
Michd Bellan, 49, 54.
Galvez, Governor, assists American
Revolutionists, xxxiii, ; attacks
southern British posts, Ixxxvii. ;
555> 557-
GambHng, the popular game, vingt-
et-un, 74, n. I.
Gamelin, Pierre, intervenes in suit vs.
estate of Dubuque, 375 ; plf. vs.
Gigon, 378.
Garretson, Jos.; mentioned, cxxii.
Gassien, 355, 381.
Gassien, Pierre, plf. vs. Lacource,
425; mentioned, 183, 423, 632.
Gatient (Gatien), Pierre, witness, 23,
67; mentioned, 73.
Gaud, Louis, biog. notice, 628, n. 57;
summons served on, 415; plf. vs.
185, Tabeau, 433; def. in Bouvet
vs., 143, Germain vs., 415, Pichet
"vs-y 345; juror, 207; mentioned,
89, 225, 407, 423, 425, 593.
Gaud, Mde. Louis, 143, 429.
Genard, Samuel, 524.
Gentry, description of the, xix.
George, Robert, biog. notice, 478, n.
I ; letter of, concerning • dishonest
practices, xcviii. ; letter of, to Kas-
kaskians, 477; makes drafts, cxix. ;
mentioned, 457.
George III., 265.
Germain, Ch., biog. notice, 630, n. 83 ;
plf. vs. Dumoulin, vs. Gaud, 415 ;
def. in Brisson vs., 329; mentioned,
419, 457> 573-
Germain, widow, 37, 55.
Gerome (Gerosme), Fr., biog. notice,
632, n. 98; plf. vs. Biguier, 285,
■ ' 301; def. in LaCroix vs., 165.
Gervais (Jervais), Ph., biog. notice,
625, n. 19; justice, 51-93; def.
in Turgeon vs., 187, Dumoulin vs.,
349; juror 207; mentioned, 121,
161, 225, 237, 421, 423, 455, 481,
553» 573-
Gibault, Father Pierre, priest and
vicar general, xxv. ; character of,
ibid; favorable to American revo-
lutionists, xxxvi. ; feeling at time of
occupation of Kaskaskia, xliii.
persuades people of Vincennes, xlv. ;
priest at Vincennes, cxxxi. ; relation
to other priests, 630, n. 78; cession
of land by, 581; under interdict,
585; goes to Spanish side, cxliii.;
mentioned, cxxiv., 121.
Gibkins, B. Dr., gives certificate in
case of poisoning, 4, n, 3.
Gibson, George, mentioned, xxxv.
Gigon, def. in Gamelin vs., 378; men-
tioned, 325, 373.
Gill, Charles, obtained summons, 407,
Girardin, Ant., biog. notice, 632, n.
100; one of the gentry, xx. ; com-
mandant at Cahokia, 573, at Prairie
du Pont, 287; justice in Clark's
court, 6, 7; justice, 13-51, i97-237»
241-289, 297-447; church warden,
269; magistrate for fences, 221;
surveyor, 365 ; suit referred to, 303 ;
letter of, to Sinclair, 559, cv. ; peti-
tion of, to inhabitants, 129; plf. for
AsseUn, 105, for Mde. Mercier,
121; plf. vs. Asselin, 105, vs. Levy,
205, vs. Beaulieu, 229; def. in
Beaulieu vs., 223; protest against
concessions of land by, 89 ; juror, 195,
witness, 419 ; takes up land at Sugar
Loaf, 189; surrogate guardian,
45; petitions in regard to fence, 157;
mentioned, 45, 171, 181, 325, 327,
389, 425, 505, 531, 573, 593, 621.
Girardin, Auguste, 632.
Girardin, Michel, 199, 632.
Girardot, Pierre, Sieur de, biog.
notice of, Ivi. ; appointed com-
mandant at St. Philippe, Ivi.;
elected justice, Ixi. ; fate unknown,
cvii.
Girault, Jean, biog. notice, 20, n. 2;
official interpreter, Iviii. ; state's
attorney, Ixi.; accuses justices of
neglect of duty, Ixxxiv. ; gives
financial aid, li.; appoints Labux-
iere state's attorney, 487; men-
tioned, 618.
Giroux, Jos., biog. notice, 627, n. 42;
mentioned, 457.
Giroux, widow, 287.
Godin called Turanjeau, Jean, biog.
notice, 631, n. 90.
Godin, Michel, elected justice at Kas-
kaskia, cvii.
Godin called Turanjeau, Pierre, biog.
notice, 631, n. 90; gives financial
aid, li. ; justice in Clark's court,
4-8; justice, 13-19; appointed
INDEX
649
captain at Cahokia, Ivi. ; mentioned,
489.
Godin, widow Pierre, 37.
Godiniere, Michel, estate of, 229.
Golding, widow Henry, plf . vs. Ryan,
433- .
Gonneville, see Desjardins.
Goodall, Wm., executor of Kay's will,
523-
Goodin, W., Secretary of Todd, 465.
Gouchey, 612.
Govard called Baron, 457.
Government from U. S., expected,
cxlvi., 225.
Grand Makokite, 461.
Grand Marais, 465.
Grandmont (Granmon), surname
Houre, def. in Reynal vs., 149, Bec-
quet vs., 189; estate of, 279.
Grandmont, Fr., biog. notice, 628, n.
58 ; def. in Charly vs., 279, Cahorn.
vs., 301; mentioned, 301, 573.
Grandmont, Pierre, justice, 93-123,
131-147; def. in Cesirre vs., 165;
juror, 73; witness, 133; men-
tioned, 167, 169.
Grand Ruisseau, settlement of, cxxii.,
189, n. 2; petition of, to name
arbitrators, 217; commandant of,
appointed, 219, cxxiii., cxlviii.;
attempts to gain independence, 599,
cxlviii.; attempt of, prevented,
605; granted right of electing jus-
tice, 317, cl. ; right to land at, cxxxv-
iii. ; mentioned, 229, 389.
Grant, Jos., at Cahokia, cxlvii.
Gratiot (Graciot), Ch., biog. notice,
4, n. 2 ; one of the gentry, xx. ;
gives financial aid, li.; justice in
Clark's court, 4-7; justice, 13-51;
settles in St. Louis, Ixxiii. ; accused
of treachery, 559, see also ibid., n.
I ; plf. vs. Hautier, 25 ; def. in
Reynal vs., 27, 29, Saucier vs., 61,
Angers vs., 109, in; attorney for
Mde. Groot, 403; trading permit
to, 465 ; letter of, to Clark, 527, 555,
cv. ; letter to, from Todd, 621;
indebted to Kay's estate, 523;
mentioned, 31, 51, 53, 67, 463,
524, 53i» 533-
Gray, Edward, executor of Kay's will,
523-
Grondine, see Hamelin.
Groot, Jacob, plf. vs. Piggot, 289;
deposition of, 289; def. in Watts
vs., 343; mentioned, 191, 229.
Groot, Mde., asks time for settlement
of husband's estate, 403 ; mentioned,
289.
Grosle, 225 ; see Biguier.
Grosle, Louis, def. in LaCroix vs.,
359; summons served on, 357.
Guards, 411.
Guillon, cxlvii., 255.
Habitants, description of, xvii.
Hait, George, witness, 23, 65.
Haldimand Collection, account of,
cliii.
Hallars, see Kellar.
Hamelin called Grondine (Amelin,
Amellin), 367.
Hamelin called Grondine, Fr., sum-
mons served on, 413; witness, 417.
Hamelin called Grondine, Ignace,
biog. notice, 630, n. 76; summons
served on, 413; witness, 417.
Hamelin called Grondine, J. Bte.,
biog. notice, 630, n. 76; leader of
expedition against St. Joseph,
xcii. ; estate of, def. in Boismenu
vs., 87, in LaCroix vs., 85, in Du-
rocher vs., 85; mentioned 89, 121.
Hamelin called Grondine, Jos., plf.
vs. Kertis, 279.
Hamelin called Grondine, Laurent,
def. in Marchand vs., 247, Motard
vs., 261.
Hamilton, Gov., captures Vincennes,
xlvi. ; mitigation of imprisonment
of, xcvi. ; mentioned, 529.
Hamtramck, Major, commanding at
Vincennes, cxli. ; petition to, cxliv.
Hanson, see Henson.
Hardouin (Ardouin), in Camus vs.,
Hardouin, Etienne, biog. notice, 630,
n. 80; def. in Alarie vs., 199, Charly
vs., 239.
Hardships of soldiers, Ixxv.
Harmand called Sansfagon (Armant,
Sanfafon), Ant., biog. notice, 269,
n. 63; justice, 51-93; obtains
summons, 389, 401 ; summons
served on, 407, 411 ; application by,
45 ; plf. vs. Racette, 27, vs. Relle,
69, vs. Cesirre, loi, vs. Buteau,
127, vs. Billet, 173, vs. Becquet,
650
ILLINOIS HISTORICAL COLLECTIONS
173, vs. Richard, 347, vs. Saucier,
341, vs. Dumoulin, 443; def. in
Racette vs., 23, Trottier vs. 63,
Constant vs., 133, Cerr6 vs., 135,
137, 195, Beaulieu vs., 141, Beau-
soleil vs., 171, Gaffe vs., 181, 201,
Prevost vs., 185, Levy vs., 237,
Dubois vs., 241; mortgages pro-
perty, 85; property attached, 193;
inventory of property, 243; order
for sale of property, 243; bonds-
man, 95 ; released from bond, 105 ;
mentioned, 87, 265, 355, 423, 432,
481, 555> 573-
Harmand, Fr. 629.
Harmand, J. Bte. 629.
Harmand, Louis, 629.
Harmand called Sansfafon, Mde., 25.
Harmar, Col., visit of, to Illinois,
cxxxvi.; opinion of, concerning
court, cxxxv., n. 2 ; mentioned,
cxxi.
Hautier called Lacharette, Bte., def.
in Gratiot ■z;^., 25, La Croix vs., ibid.
Helene, juror, 283.
Henry, Patrick, instructions of, to
Todd, liv. ; mentioned, 473.
Henson, John, trader in Illinois, xviii. ;
def. in Ortis vs., 69, accused of bad
conduct with Indians, 27; per-
mitted to continue business, 29;
mentioned, 35, 457.
Henson, Mde., def. in Traversy for
Reynal vs., 151; mentioned, 29.
Henderson, James, 355.
Hertel, Rene C, Seigneur de Rou-
ville, 507.
Heward, Hugh, appointed attorney
for Miami Co., 511; registers
power of attorney, 509; juror, 283;
mentioned, 283.
Holt, James A., 523.
Honore, 455.
Houre, William, 335 ; see Grandmont.
House-breaking and robbery, 385.
Houses, French, description of, xxi.,
illustration of, 284; of Amer.
pioneers, Ixv., 389, n. i.
Huberdeau, gives financial support,
li.
Huberdeau, Fr. plf. vs. estate of Du-
buque, 375, vs. Dubois, 421.
Huberdeau, J. Bte., estate of, 375.
Huberdeau, Simon, 375.
Hubout caUed Deslongchamps, Louis
biog. notice, 628, n. 55.
Huff, Michel, witness to will, 519.
Hughes, Th., elected justice, cxxxiv
Huissier, definition of, 177, n. 3;
method of holding auctions by, 242,
n. I.
Illinois, relation of, with East, xxv.;
application for charter for colony in,
xxix. ; speculation in land in,
xxix. ; attack on, expected, xxxv. ;
cession of, by Virginia, cxix.
Illinois County, act creating, 9, lii.;
mentioned, 473.
Illinois Land Company, established
and buys land, xxx.
Illinois and Wabash Land companies
plan to make settlement, Ixx.
Illinois River, 61, 169, 409.
Illinois regiment, disbanded, ex.;
mentioned, 471, 529.
Inauguration of courts, Iviii.
Indian commissioner, Thomas Brady,
130, n. i; Linctot, Ixxxix., n. 3;
Dodge, xlv., cxiii.
Indians, villages of, xvi. ; relations of,
with French, ibid., xvii., n. 4;
treaty with, planned by Morgan,
xxxiv. ; hostility of, to Americans,
XV. ; trade in liquor with, regulated,
xxxii., Ixviii., Ixix., cxlvii., 73, 125,
215, 259, 575, 607; peace among,
610; attacks by, Ixxxviii., cxlii.,
607,
Instructions of Gov. Henry to Todd,
liv.
Inundation, 203, n. i, xv.
Inventory of goods of estate of Chas.
Marois, 451.
Imprisonment for debt, 308, n. i.
Iron Mines, Ft. Jefferson built at,
Ixxxvii., 539,
Ivont, Fr., 99.
Jacquemain called Lajoye, J. Bte.,
elected justice of Prairie du Rocher,
cxvi. ; mentioned, 493.
Jacquet, 15.
Jacquet, Mde. Germain, 533.
Janette, negress of Martin, 15.
Janis, Jos., lieut. commissary, 495 ;
public notice by, ibid.
Janis, Nicolas, member of the gentry,
XX.; favorable to Amer. revolu-
tionists, xxxvi. ; gives financial aid,
INDEX
6SI
li. ; appointed captain at Kaskas-
kia, Ivi.; justice, Ixi., 489; men-
tioned, cvii., 103.
Jautard, Valentine, land claimed by,
497; gives power of attorney, 505.
Jean Baptiste, negro sold to Beaulieu,
459-
Jefferson, Gov., letter of, advising
cutting down expenses, Ixvii.
Jervais, see Gervais.
Jesuits, College of, at Kaskaskia, 495.
Johnson, Matt., appointed lieut. gov.
of the Illinois, xxviii.
Johnson, Sir Wm., interested in wes-
tern lands, xxix. ; description of
French traders by, xx.
Jones, John Rice, Clark's representa-
tive at Kaskaskia, cxxxiii.; men-
tioned, cxlii.
Jones, Robert, plf. vs. Morris, 133.
Joseph Marie, summons served on,
407.
Journal of McCarty, 617.
Judik, negress of James Moore, 517.
Jury, trial by, Ixiii., 70, n. 2, 195,
207; panel of, 71, 195, 207, 283;
verdict by, 196, n. i, 209.
Justice, costs of, Ixiii., 163, 201, 305,
406, n. 2, 418.
Justices, at Kaskaskia, selfishness of,
Ixxxiv. ; excellent administration of,
at Cahokia, cxlvi.
Justice of the week, appointment of,
201 ; defined, 200. n. i.
Kaire, J. Bte., 629.
Kaorn, see Cahorn.
Kaskaskia (Cascakia, Kas), popula-
tion of, xvi., cxliii., occupation of,
xliii., 477; court at, established by
Clark, xlvii. ; inauguration of court
at, Ivii . ; irregularity of elections
at, Ixxxiv.; records of court of,
Ixiii.; troops recalled to, 547; De
la Balme at, xc; inhabitants of,
send agent to Virginia, cii. ; incapac-
ity of inhabitants of, 587; old
fort at, seized by Dodge, cxxviii.,
ibid., n. I, 569; revival of court at,
cxxxiv. ; conditions at, 589, cxlv. ;
petition of people of, to De la
Balme, xciv., n. 2, to governor,
civ., to Congress, cxxix., cxxx., to
Hamtramck, cxliv. ; mentioned, 63,
471, 4S7, 493. 537» 555-
Kaskaskia Records, account of, cli.
Kellar (Hallars), sickness of, men-
tioned, 619; tyranny of, 542.
Kennedy, Patrick, forms partnership
with Winston, xxviii., Ixxxvi.;
talks independence, xxxvi.; em-
powered to purchase supplies, 477;
placed in charge of sick, 619,
Kentuckians refuse to recognize Illi-
nois courts, cxli.
Kertis called Bienvenu, Henry, def.
in Hamelin vs., 279.
Kertis called Bienvenu, Joseph, 279.
Kickapoos, on warpath, cxlii.
King, George, def. in Mercier vs., 47.
Labadie (Labbadie, Labaddie) 191,
305» 421.
Labai, 612.
La Balme, Augustin Mottin de, ex-
pedition of, Ixxxix., see also ibid., n.
3, 616, 620, 627, n. 40; address of,
to French xci.; petition to, 535;
account of, by McCarty, 618, 620;
death of, xcii.; mentioned, civ.,
477-
Labbe, Late, 37. See Noiset.
Labecasse, J. Bte., biog. notice, 631,
n. 93 ; summons served on, 407 ; def.
in Saucier vs., 275, Savoy -y^., 395.
Labuxiere, Ant., appointment as
notary, cvi.
Labuxiere, Jos., biog. notice, 625, n.
16; state's attorney, cvi., 139, 589,
623; commission as notary, 491;
examines witnesses of Winston's
acts, cxiv.; deputy clerk, 186, n.
i; oath as clerk, 197; clerk of
vestry-board, 269; obtains writ,
431; plf. vs. Poupar, 273; arbitra-
tor, 369; juror, 195; trustee of
estate of Dubuque, 313, 373, 377,
429; report as trustee, 393; letter
to Pratte, 513, to Congress, cxlvi.,
589; mentioned, 149, 171, 283, 325,
365, 487, 499.
Lachance, see Caillot.
Lachance, Nicolas, member of Brit-
ish party, xxxvi.; absent at time
of occupation of Kaskaskia, xli.;
elected justice, Ixi., cxxxv.; ad-
herent of Dodge, cxxviii., cxxx.;
mentioned, c, cvii.
Lachances, members of the gentry.
652
ILLINOIS HISTORICAL COLLECTIONS
Lacoste, Pierre, writ served on, 401;
obtains writ, 389; def. in Glamor-
gan vs., 409; Dumoulin vs., 409.
Lacouture, see Chatigny.
Lacouture, witness, 247; mentioned,
423-
Lacource, Ant., biog. notice, 629, n.
64; def. in Gassien vs., 425; see
Ghatigny.
LaGroix, plf. vs. Gomte, 321; men-
tioned, 6, 151, 217, 249, 343, 613.
LaGroix, Gh., def. in Martin vs., 77;
mentioned, 225. .
LaGroix, Haugon, 5.
LaGroix, Isidore, petitions, 323; inter-
venes in suit vs. estate of Dubuque,
375 ; attorney for Gamelin vs.
Gigon, 379; affidavit by, 445;
witness, 431 ; property deposited
with, 429, 435 ; mentioned, 351, 407.
LaGroix, Jacques, juror, 283; men-
tioned, 325.
LaGroix, J. Bte. Hubert, biog. notice,
632, n. loi ; one of the gentry, xx.;
gives financial aid, li.; commis-
sioned sheriff, Ixii., 51; justice,
51-93, 93-129, 156-167, 167-195,
197-239, 241-296; justice of the
week, 201; church warden, 269;
acts for church, 369; petitions
court, 77, 85; plf. vs. Gharly, 7,
vs. Hautier, 25, vs. Saucier, 37, vs.
Levy, 39, vs. Lefevre, 83, 109, vs.
Levy, 99, vs. Martin, iii, vs., 165;
vs. Gerosme,S., 165 ; def. in Trottier,
vs., 123, 139, Sarpy vs., 179, Levy
vs., 219; attorney for Lafleur and
Brady vs. estate of Dubuque, 309;
witness, 475; executor, 121, 145,
representing Pentecoste, 255 ; peti-
tion for trading license, 125; for
protection against British mer-
chants, 575 ; resigns trading license,
213; letter to, from Pentecoste,
621; mentioned, 41, 79, 87, 161,
163, 213, 229, 265, 267, 463, 481, 497,
531. 573. 579. 593-
LaGroix, Mde., plf. vs. Grosli, 359;
mentioned, 357.
LaGroix, Paul H., 195.
LaGurie, Jos., plf. vs. Dumay, 257.
Lafantasie, 461.
Lafayette, Marquis de, plans to arouse
the Canadians, Ixxxix.
Laflamme, heirs of, 277.
Laflamme, Gh., 147.
Laflamme, Mde., 627, n. 40; men-
tioned, 141, 457; see Mde. Brady.
Laflamme, Phil., petitions court, 147.
Lafleur, 225. See Troge.
Lafleur, Dormeur, 457.
Lafleur, Pierre, biog. notice. 628, n.
59 ; obtained writ, 389 ; v^rit served
on, 411 ; plf. vs. estate of Dubuque,
309; def. in Prevost vs., 167, Trot-
tier vs., 411, Waddell vs., 445;
house of, blown up, 309; men-
tioned, 121, 225, 593.
Lafont, favorable to Amer. revolu-
tionists, xxxvi. ; emigrated, cxliv.
Laforce, 155, 157.
Laforme, represented by Arundel,
plf., vs. Clark, 365.
Lagarceniere, Fagot, 489.
Lagauterie, Pierre, 167.
Lagrange, Jean, purchase of land by,
507; sale of land by, 499.
Lagrave, 225, 457.
Laille, petitions, 425; plf. vs. Goste,
421; arbitrator, 427; mentioned,
429, 433-
Lajeuness, Pierre, biog. notice, 625, n.
20.
Lake Manissiouri, 465.
Lamarche, 93.
Lamarche, Ant., biog. notice, 626, n.
25; justice, 147-167; writ of
seizure and capias against, 393;
plf. vs. Cesirre, 175; def. in Wale
vs., 301; witness, 117, 251; men-
tioned, 567, 573.
Lamarche, Bouvet, def. in Motard,
vs., 203; mentioned, 79, 167.
Lamarche, Louis, 627.
La Mars called Mediant, Louis, 455.
Lambert, Jos., biog. notice, 630, n.
82; land grant to, 229; mentioned,
593. 455-
Lambert, Louis, def. in Baron vs.,
221, Roch vs., 303.
Land tenure among French, xxii., n.
2; ancient rights of, 593, 595.
Land, speculation in, xix. ; purchases
of, by land companies, xxx. ;
claimed by Jautard, 497, 499, by
Pentecoste, 581 ; right of priests to
concede, denied, 581; right of
Cahokians to concede, 622; con-
INDEX
653
cessions made by court, Ixxxv.,
cxxvii., 587, 591, in Prairie du
Pont, 48, n. I, 153, 159, 565, 591;
Todd's prohibition of taking up
land, Ixix. ; preemption of, 465;
concession of, to Clark, 581, 621;
illegality of concessions of, xix.,
cxxxviii. ; concessions of, by U. S.,
cxxxix.
Land company formed, xxx., also
ibid., n. i.
Landor, minor, 37.
Langlois, British agent, 95; justice
in Clark's court, 4, 5; mentioned,
105, 481, 553, 612.
Langlois, Clem., 51-93; mentioned,
9. 449' 459-
Langlois, Gabriel, biog. notice, 624, n.
8.
Langlois, Jos., 179.
Langlois family, members of Win-
ston's party, Ixxxvi.
Langlois, Pierre, elected justice, cviii. ;
adherent of Winston, cxii.; ap-
pointed notary-clerk, cxviii.; op-
position to Tardiveau, cxxxvii. ;
emigrated, cxliv. ; mentioned, Ixii.
Langlois, Raphael, 624.
Language of French inhabitants, civ.
Lapance, 625, n. 15; summons
served on, 411 ; see also Roy.
Lapance (Lapensee), Fr., justice,
315-339; obtains writ, 381; def.
in Fehx vs., 317, Motard vs., 427;
Layle vs., 445; witness, 401;
mentioned, 225, 337, 339, 361,
399, 423, 431, 481, 483.
Lapance, Fr. Xavier, 97.
Lapance, Janot, def. in Constant vs.,
45, Lachance vs., 361, Arundel vs.,
443; mentioned, 355.
Lapance, Mde. Janot, mandate given
to, 315; mentioned, 15.
Lapance, Jean, biog. notice, 625, n.
17; plf. vs. Pelletier, 91.
Lapance, Jos., biog notice, 625, n.
13; justice, 147-167, 241-289;
surrogate guardian, 315; men-
tioned, 55, 211, 225, 457, 505.
Lapage. See Lepage.
Laperche called St. Jean, Louis, plf.
vs. Motard, 250.
Laperche called St. Jean, Pierre, biog.
notice, 628, n. 51; justice, 297-447;
juror, 207; witness, 267; men-
tioned, 325, 327, 345, 455. 593-
Lapierre, Late, 27, iii.
Lapierre, Jean Bte., 421, 423.
Lapierre, Madame, 139.
Laplante, Jos., biog. notice, 630, n.
77-
Laramee, 199.
Larch^, Marie Joseph, widow of
Laflamme, 147.
Lardoise, Jacques, plf. vs. Baron,
245.
Largeau, juror, 283.
Lasoudray, L. pU. vs. Deneau &
Lepage, 7.
Lasource, Jacques, elected justice,
Ixi.; emigrated, cxliv.; mentioned,
cvii., 489.
Last furnisher of supplies, rights of,
311, n. 2.
Laurant, Marie, 5, 17.
Laurins, Jean Bte., plf. vs. Dub^,
Lausage, Cadien, petition of, 533,
plf. vs. Alarie, 55 ; see Fr., Martin.
La Valiniere, Pierre Huet de, vicar
general of Illinois, cxxxi. ; his
character, cxxxii. ; opposition to
Dodge, ibid, see also cxvii., n. 2;
opposition to Tardiveau, cxxxvii.;
see also 630, n. 78.
Lavertu, Denis, def. in Chevalier vs.,
373-
Law, established in Illinois, Ixii.;
mentioned, 151.
Layle, from Canada, plf. vs. Lapanc6,
445-
Lead, purchase of, ordered, 617.
Leboeuf, Louis, biog. notice, 629, n.
69.
Leboeuf, Ph., biog. notice, 624, n. 6.
Lebrun, 225, 357; see Belcour.
Lebrun called Belcour, starts East
with petition, cxxix. ; is killed,
ibid.
Lebrun, Louis, biog. notice, 627, n.
39; justice, 131-147. 147-167;
mentioned, 437, 481, 567, 573.
Lecomte, 13, 225.
Lecomte, Louis, def. in Beaulieu vs.,
5, Gaud vs., 185, Billet vs., 259;
bondsman, 95 ; mentioned, 265, 573.
Lacomte (Lecompte) Pierre, biog.
notice, 626, n. 34.
6S4
ILLINOIS HISTORICAL COLLECTIONS
Le Dru, Father, goes to Spanish
settlements, cxliii.
Lefevre (Lefebvre), def. in LaCroix
'vs., 83, Turgeon, vs, 443; men-
tioned, 355, 545-
Lefevre, Charles, biog. notice, 624, n.
3; def. in LaCroix 2/5., 109, Billet
vs., 165; juror, 207; witness, 475;
mentioned, 99, 169, 225, 427, 593.
Leger called Parisien, Jos., 369.
Legras, leads reinforcements from
Vincennes, xli. ; gives financial aid,
H.
LeGuay, notary in Canada, 371,
507-
Leith, George, director of Miami Co.,
511-
Lemay, plf . w. Cesirre, 133; witness,
91.
Lemay, Loms, 109.
Lemay, Theophile, 455.
Lember, Jos., plf. vs. Pelletier, 171;
def. in Roy vs., 163.
Lemire, Marie Louise, renounces
community of goods, 271.
Lepage (Lapage, Lepadge), 553.
Lepage, Amable, witness, 471; men-
tioned, 455-
Lepage, Ant., def. with Deneau in
Lasondray vs., 7; mentioned, 2.
Lepage, Jean, 481.
Lepage, Jos., biog. notice, 625, n.
14; justice, 51-93; mentioned, 43,
109, 137.
Lepage, Leon, def. in Arundel vs.,
315; mentioned, 161, 199.
Lepage, Mde., 163, 179.
Levou, 99.
Levasseur, plf. vs. Prenouvaux, 71.
Levasseur, Stanicles, elected justice,
ex. ; emigrated, cxliv.
Levy, Isaac, plf. vs. Buteau, 113, 119,
vs. Belcour, 177, vs. Chartier, 183,
vs. LaCroix, 219, vs. Harmand,
237, vs. Tabeau, 237, vs. Baron,
257; def. in LaCroix vs., 99,
Girardin vs., 205 ; trades in Hquor
illegally, 157; receives trading
privilege, 215; mentioned, cxlviii,,
55. 343. 463, 485.
Levy, Pierre, def. in LaCroix vs., 39.
Leyba, Fernando de, lieut. gov. at
St. Louis, 4, n. 3.
Lieutenancy, county, commission of.
to Todd, lii., to Winston, Ixxix,,
to De Monbreun, cxxv., to Barbau,
cxxxii.
Lilly, John, executor of Kay's will,
523-
Lintcot, de, deceased, 8.
Lintcot (de Linctot, Langto), Gode-
froy, biog. notice, 102, n. i ; chosen
captain, 611; joins De la Balme,
xc. ; plf. vs. Maisonville, 103; to
take route by Illinois River, 611;
letter to G. R. Clark, cv., 553;
mentioned, 610.
Linn, B., sent as spy to Kaskaskia,
xxxix.
Linn, Wm., purchases supplies in
New Orleans, xxxiii.; assisted by
Bentley, ibid.
Lionet, witness, 67.
Little Prairie, 197.
Little Village (Saint Philippe), 103.
Livre, definition of, i., n. 2.
Locat, Rene, will of, 467.
Locat, Renoch, def. for sister in
Method vs., 8.
Lonval, summons served on, 411;
petitions, 315; mentioned, 67, 225,
629.
Lord, Capt., British commandant of
Illinois, 467.
Lorens, def. in Brady vs. 265.
Lorimier, Louis, biog. notice, 298, n.
i; plf. vs. Dumoulin, 299.
Louigaud (Louigaut), Louis, plf. vs.
Finney, 49; def. in Luissier, vs.,
41 ; witness, 6.
Louvieres, Ant., Duchaufour de,
justice at Prairie du Rocher, Ixi.,
289.
Lussier, Ant., plf. vs. Louigaud, 41 ;
def. in Decostle vs., 41 ; witness, 25.
Lussier, Bte., juror, 73.
Luzerne, French minister, plans to
arouse the Canadians, Ixxxix.
Mackintosh, Angus, director of Miami
Co., 511.
Madame Capitaine, 8.
Magistrates during French regime,
Ivii.
Mailhet, J. B., biog. notice of, n. 2;
establishes post at Peoria, xvi.;
appointed commandant, Ivi., 231;
ordered to execute a writ, 389;
member of expedition against St.
INDEX
6SS
Joseph, xciii., n. 2 ; mentioned, 141,
279> 297, 351, 4i7> 455-
Maisonville, Jos., def. in de Linctot
vs., 103, Dumay vs., 151; men-
tioned, 141, 565.
Mallet (Malet), Pierre, def. in Dumay
vs., 159.
Manuel, negro sold to Beaulieu, 451;
prosecuted for poisoning, 13; war-
rant for execution, 12, n. i, 20, n. i.
Mansen, John B,, 459.
Map of Country of Illinois, end
vol., see also xv, n. i.
Marc la livre, definition of, 52, n. 1.
Marchand, Gaspard, takes oath as
huissier, 159.
Marchand, Louis, plf. vs. Hamelin,
247.
Marchessaux, 183, cxlvii.
Marlot, Gabriel, substitute heir of
Locat, 469.
Marois, Chas., will of, 449 ; inventory
of goods of, 451.
Marois, J., 573.
Marramack, 619.
Marthan, plf. vs. Wills, 6.
Martin, summons served on, 411;
mentioned, 13.
Martin, Fr., plf. vs. Alarie, 55; def.
in Dubois vs., 57.
Martin, Pierre, biog. notice, 627, n.
36; justice, 19-51; writ served on,
389, 413; plf. vs. LaCroix, 77, vs.
Dubuque, 277, vs. Billet, 383; def.
in Trottier vs., 79, LaCroix vs., 1 1 1,
Dubuque vs., 383, Lachance vs.,
361; juror, 207; land grant to,
197; mentioned, 225, 355, 381, 389,
455' 459. 481, 53I' 573-
Matelot, Joseph, 79.
Mauvaise Terre, 247.
McCarty, summons served on, 411;
mentioned, 251.
McCarty, Richard, biog. notice, 2,
n. 3; trader in Illinois, xxix.;
expects an attack on Illinois, xxxv. ;
gives financial aid, li. ; in command
at Cahokia, Ixxvi.; is tyrannical,
Ixxxiv. ; 543, 549; complains of
Todd, Ixxiv.; Todd's opinion of,
Ixxv.; registers a notice, 467;
letter to his wife, 529; to Todd,
614, xcvii., to Montgomery, 615,
to Clark (Journal), 618; changes
parties, xcviii.; sued by Bentley,
ci.; appointed representative to
Virginia, cii. ; mentioned, 2, 8, 461 ;
death of, ciii.
McCaslan, John, 511.
McCrae, David, 461, 523.
McDurald, Madame, 529.
McElduff, Daniel, declaration of,
against Glamorgan, 385; letter to
Girardin, 386, n. i.
McElduff, John, elected justice,
cxxxiv.
Mechante, British Agent, 95.
Melot, J. Bte., biog. notice, 627, n.
43-
Memorials, of court to Todd, Ixvii.;
of people concerning military ty-
ranny, Ixxx. ; to governor, civ.; of
Cahokians to De la Balme, 535 ; of
Kaskaskians to De la Balme, xciv.,
n. 2; of Kaskaskians to com-
missioners, cxx. ; note on, to Con-
gress, cxvii. n. 2 ; of Dodge to Cong.,
cxxix. ; of Kaskaskians to Cong.,
cxxix., cxxx.; of Cahokians to
Cong., 567, 581; of Tardiveau to
Cong., cxxxix.; of Langlois, ihid.;
of Kaskaskians to Hamtramck,
cxliv.
Menard Collection, Tardiveau Pa-
pers, ciii., n. 3, 4; clii.
Mercier, 455, 457.
Mercier, J. Bte., biog. notice, 626, n.
22; obtains writ, 389; plf. vs.
King, 47; mentioned, 481, 553,
573-
Mercier, Madame, 121.
Merleau, Andre, biog. notice, 629, n. 71
Meryweathers, Sergeant, 620.
Mesere, see Ste. Genevieve.
Methot (Method), Bte., 8, 457.
Methot, Jacques, plf. vs. Locat, 8.
Methot, Jos., estate of, 113, 121, 123.
Methot, Mde., def. in Methot vs., 8.
Meunier, 447.
Meyers, at Cahokia, cxlvii.
Miami, settlement at, xvi.
Miami Indians, on warpath, cxlii;
attack on, by Clark, ex.
Michaels, Myer, plf. vs. Troge, 281 ;
def. in Dumay vs., 287 ; juror, 283.
Michillimackinac (Michilimaquina
Michal Mcanoy), intercourse with,
569; merchants from, 577; men-
656
ILLINOIS HISTORICAL COLLECTIONS
tioned, 55, 95, n. i., 181, 313, 317,
403, 409, 523, 553.
Michillimackinac Co., at Cohokia,
cxxvii. ; cxlvii.
Milhommes, blacksmith, 455; auc-
tion of goods of, 43.
Military power, prominent under
Clark, xlix.
Milot, 455.
Milot, J. B., biog. notice, 630, n. 73;
mentioned, 225.
Mills, overcrowded, 321.
Minan, negro, 523.
Minots, definition of, 46, n. i.
Miro, Gov. de, successful at Natchez,
555; offers inducements to settlers,
cxlii.
Mississippi, overflow of, 202, n. i,
569; traders of, 529; mentioned;
465, 533> 616.
Monbreun, Jacques Timothe Boucher
Sieur de, biog. notice, xix., ibid, n.
2, cxxiv. ; member of Winston's
party, Ixxxvi.; appointed county
lieut., cxviii. ; power and policy of,
cxxv. ; visits Cahokia, cxlvii. ; failure
of government of, cxxvii.; resigns
and appoints Barbau, cxxxii.;
emigrated, cxliv. ; mentioned, 493,
573-
Monette, 457.
Money, paper, deception concerning,
xlix, n. 3; suspected by French, 6;
forgery of, Ixxi.; Todd's policy
concerning, Ixxi. ; depreciation of,
1., 615; table of depreciation of,
Ixxi., n. 3.
Monplesir, Fr., obtained summons,
407.
Montgomery, Col. John, in command
of Illinois, Ixxvi. ; writes concerning
lack of supplies, Ixxvii., xcix. ;
suggests plan of assessment, Ixxvi.;
letter to, from McCarty 615;
tyranny of, Ixxx., Ixxxii.; demands
supplies from Cahokia, Ixxxii.,
35 ; land grant to, Ixxxv. ; ordered
to evacuate Illinois, Ixxxvii.; as-
sists in repelling British at Cahokia,
Ixxxviii. ; accused of incompetence,
Ixxxix. ; attitude of^ to De la Balme,
xci.; departs from Illinois, xcv.;
defends his acts, xcv.; right of, to
make his drafts, cxix., see also
ibid., n. 4; testifies concerning,
Dodge cviii.; mentioned, cxxii., 49,
541, 610, 612, 618.
Montreal, 325, 501, 505, 523, 531.
Moore, Catherine, wife of James, 517.
Moore, Jas., captain at Belief ontaine,
cxxiii. ; insolvency of, feared, 323;
summoned, 323, will of, 349, 515;
estate of, 389; mentioned, cxxii.,
327> 341.
Moore, James, son of James, 517.
Moore, John, son of James, 517.
Moore, Henock, son of James, 517.
Moore, Mary, daughter of James, 517.
Moore, Milton, son of James, 517.
Moore, William, son of James, 517.
More, S., sent as spy to Kaskaskia,
xxxix.
Moreau, negro sold to Lecompte, 459;
prosecuted for poisoning, 13.
Morel (Morelle), J. Bte., plf. vs. Gaffe,
197, vs. Chatigny, 305, with Har-
mand vs. Saucier, 341; def. in
Arundel vs., 347, 367; juror, 195,
283; mentioned, 523.
Morgan, George, biog. notice, xxviii. ;
member of firm Baynton, Whar-
ton & Morgan, ibid.; represents
land company, xxx. ; farming
interests of, xviii.; leaves Illinois,
xxxi., n. I ; Indian commissioner at
Ft. Pitt, xxxiv.; maintains rela-
tions with Illinois, xxxiv. ; ignorant
of dark's plans, xxxix. ; writes of
unfriendly attitude of Kentuckians,
civ. ; seeks land concessions in Illi-
nois, cxxxix. ; at New Madrid,
cxli.; mentioned, 357, 385.
Morin, Ant., elected justice, cvii.,
cxvi., emigrated, cxliv.
Morris, Samuel, plf. vs. Worley, 363;
def. in Jones vs., 133, Biggs vs.,
343; mentioned, 355.
Motard, plf. vs. Vaudry, 177, vs.
Hamelin, 261, vs. Turgeon, 26i,vs.
Lapance, 427; def. in Laperche,
vs., 251; mentioned, 125, 203, 423,
431-
Motard, Jos., plf. vs. Angers, 115;
mentioned, 483.
Murray, Daniel, trader, xxix.; signs
agreement respecting trade, xxxii. ;
talks independence, xxxvi.; par
ticularly lawless, xxxvii. ; may havg
INDEX
657
assisted Clark to take Kaskaskia,
xlii.; gives financial aid, xxxi., li. ;
suspects Winston, Ixxxvi.
Murray, Wm., representative of Franks
& Co., xxviii.; leaves Illinois, xxxi.,
n. i; instructs his brother to aid
Amer. troops, xxxv; presents
memorial to Virginia Assembly for
Illinois and Wabash Land Co., Ixx.
Natchez, 555.
Negro, ordered whipped, 43.
Negroes, trial of, for poisoning, 4,
13-21; sale of, 459.
New Madrid, Morgan's settlement at,
cxli.
NicoUe, 19, 135, 145.
Nicolle (Nicol, Nicole), Etienne, biog.
notice, 624.
Nicolles, poisoning of, xlviii., 15.
Noizet called Labb^, Frangois, biog.
notice, 627, n. 37.
Notice to public, in regard to destruc-
tion of public property, 495; by
McCarty, 461; by court, 565, 591,
607.
Nouvelle Chartres, population of, xv.
Neveux, def. in Billele vs., 9.
New England, 465.
New Orleans, assistance from, to
Americans, xxxiii. ; Montgomery
goes to, xcv. ; letter of Monbreun to
governor of, cxxvi. ; mentioned,
XXXV., xliv., 103, 105, 107, 235, 555.
Neyon, M. de, 499.
Officers of county of Illinois, lii.
OFlanigan, Dominique, 2.
Olf, Michel, 365.
Ordinance of Magistrates, concerning
property of debtors, 203; con-
cerning taking up land at Prairie du
Pont, 565 ; concerning liquor trade,
2i5> 577 j concerning brigandage,
573; concerning Indians, 607.
Ordinance of 1787, effect of, cxli.
Ortis, plf. vs. Henson, 69.
Otway, Tragedies of, 512.
Oureman, Fr., 630.
Ouiatanon, mentioned, xvi. *
Pajet, 533.
Palmier, see Beaulieu.
Paneton, Claude, witness, 247.
Papers of Old Congress, account of,
cliv.
Papineau, notary in Canada, 371.
Pappae, 610.
"Paradise Lost," book belonging to
James Moore, 517.
Park William, witness, 511.
Parker, Jos., carries petition to Con-
gress, cxxx., see also 595, n. 4;
brings reply from Congress, cxxxii.
Party, in Illinois favorable to Amer.
Revolutionists, xxxv., proof of, ihid.y
n. i; strength of British, xxxvii. ;
Amer. party not in communication
with Clark, xl. ; party strife at time
of occupation of Kaskaskia, xliv.;
harmony of, at first election, Ix.;
military, attitude of, toward Todd,
Ixxiii. ; parties in Kaskaskia, cxii.;
French, hostility of, to Winston,
cvii.; Winston's, strength of, cxvii;
Dodge's, strength of, cxxix. ; French,
seizes power, cxxxii.; French, re-
vives court, cxxxiv.; French, pro-
tests against Amer. justices, cxxxv. ;
French, faction of, cxxxvii.
Payssa, 153, see also ihid.y n. i.
Pelletier called Antaga (Peltier), sum
mons served on, 411; mentioned,
225.
Pelletier, Ant., obtains writ, 413;
mentioned, 573.
Pelletier, Felicity, 519.
Pelletier called Antaga (Peltier),
Michel, biog. notice, 632, n. 99;
takes oath as bailiff, 245; sum-
mons served on, 401 ; def. in Arun-
del vs., 441; witness, 329; men-
tioned, 287, 381, 441.
Pelletier called Antaga, Pierre, def. in
Lapance vs., 91, Lember vs., 171;
mentioned, 367.
Peltries, worth of, 162, n. i; 261.
Pencrasse, Catherine, wife of Isidore
Savoy, vs. Labecasse, 395.
Pencrasse, Marin, def. in Dumoulin
vs., 423.
Pensacola, capture of, 555, 557.
Pentecoste, Dorsey, def. in Engel vs.,
255; land claimed by, 581; letter
to LaCroix, 621.
Peoria (Pe), settlement at, xvi.; men-
tioned, 61, 247, 417.
Peorian Indian (Pe), deposition of, 31 ;
mentioned, 29.
Pepin, Jos. Marie, representing Ta-
beau in Gaud vs. Tabeau, 433;
658
ILLINOIS HISTORICAL COLLECTIONS
arrested and tried for conspiracy,
437; mentioned, 375.
Perian, Louis, 631.
Perrault (Parault, Perault), justice
in Clark's court, 6-7; is a cripple
and wishes to be sutler, 614; men-
tioned, 616.
Perrault, J. B., trader, at Cahokia,
cxlvii.
Perrault, Michel, sent by Bentley,
ci. ; testifies concerning Winston,
cxiv.
Petersen, Capt., sent by Pentecoste to
survey land, 622.
Petition, to Clark, i ; of LaCroix for
trading license, 575; of Cadien
Lausage, 533; see also memorials.
Petition to court, form of, 184, n. i.
Peyrez, commandant at St. Louis,
387-
Piankeshaws attack villages, cxlii.
Piastre, definition of, 54, n. 2,
Picard, Pierre, elected justice, cviii.
Pichet (Pichette), 27, 455.
Pichet, Michel, plf. vs. Gaud, 345.
Piggott (Pichet), Jas., biog. notice,
190, n. I ; identity of names
Pichet and Piggott, 262; def. in
Groot vs., 289, Glamorgan vs., 363;
dispute with Troge, 405; deposi-
tion of, 291 ; leader of movement
for independent court at Grand
Ruisseau, cxlix., 599; sentence
against, 605; bondsman, 321;
mentioned, 191, 357.
Piggott, woman, 405.
Pillet, (Pilet) Louis, biog. notice, 626,
n. 24; justice, 167-195; plf. vs.
Saucier, 47, vs. Asselin, 131, vs.
Alarie, 249; juror, 207; men-
tioned, 225, 457, 573.
Pillet, Paschal, 161.
Placette, Michel, 455.
Plante, Jos., plf. vs. Vaudr}'-, 107.
Plasy, see Duplasy.
Poirier, Jean, 481.
Poirier called Desloges, Jos., biog.
notice, 630, n. 74; see Desloges.
Pollock, Oliver, American agent at
New Orleans, xxxiii.; drafts on,
xlix., Ixxv.
Pompee, negro sold to Sansfagon, 459 ;
verdict of jury concerning sale of,
196, n. I.
Population, of Kaskaskia, xvi., cxlii. ;
of Cahokia, xv., cxlvi.; of Prairie
du Rocher, xv.
Pottawattomies, on warpath, cxlii.
Pouree, Leger (?), 489.
Poupar, 355.
Poupar, Jos., biog. notice, 628, n.
53; def. in Labuxiere vs., 273,
estate of Gagn6 vs., 353.
Poupar, Paul, juror, 207; mentioned,
165, 285, 381, 573, 593, 627.^
Power of attorney, by Cahokians to
Prevost, 479; by Motard to Beau-
lieu, 483 ; by Charleville to Pouree,
489 ; by Jautard to Dubuque, 505 ;
by Askins to He ward, 509; by
Miami Co. to Heward, 511; by
executors of Kay's will to Bleaksly,
Prairie du Chien, 347, 367, 443.
Prairie du Pont, note on, 48, n. i, 88,
n. I ; taking up land in, Ixxxv., 153,
159, 565, 591; rights of inhabitants
in, 581; fences in, 157; mentioned,
49, 77, 171, 177, 265, 377, 395, 407.
Prairie du Rocher, population of, xv.,
election of judges at, Ixi., cxvi.;
mentioned, xix., cxxxii., 493.
Pratte, merchant at Ste. Genevieve,
515; attorney for Mde. Dubuque,
plf. vs. estate of Dubuque, 371.
Prenouvau, witness, 57; mentioned,
165, 169, 457.
Prenouvau, Fr., juror, 73.
President of court of Kaskaskia, ques-
tion of, cviii.
Prevost, Pierre, plf. vs. Lafleur, 167,
vs. Harmand, 185; registers letter
from Bentley, 475, from George,
477, his appointment as agent to
Virginia, cii., 479; mentioned, 97.
Price of commodities, increase in, 1.
Priests, see Gibault, La Valiniere,
Le Dru, St. Pierre; rights of, to
make land grants, 622.
Prison, military, use of, granted to
court, Ixxxv.; at Cahokia, 132, n. i.
Prohibition of exportation, Ixxvii.
Promissory note, given by Durand to
LaCroix, 213; by Roy to McCrae
and Co., 461 ; by Robidou to Dor-
ion.
Proof by oath, 64, n. i, 161, 235, 269,
373-
INDEX
659
Property, propres, acquets, conquets,
note on, 468, n. i.
Protest of magistrates to Montgom-
ery, Ixxxi.
Quebec, Province of, 505, 523; men-
tioned, 371.
Quebec Act, efiFect of, xxv. ; unites
Illinois with Canada, xxx.
Quenel, def. in Bissonnette vs., 183;
mentioned, 15.
Quenel, Pierre, justice, 147-157.
Quorum, 8, 271.
Racette, 457.
Racette (Racet), Aug., plf. vs. Har-
mand, 23, vs., Vaudry, 99; def. in
Harmand vs., 27.
Racette called Parisien, J., 5, 29.
Racette, Mde., 23.
Ray, Doctor, joins De la Balme, 620.
Record-book of Kaskaskia, 622.
Record of the Court of the Committee
of Cahokia, 2-8.
Record of the Court of the District of
Cahokia, 23-447.
Reeve, John, 167.
Reilhe, Ant., plf. vs. Todd, 253;
petition of, against estate of Du-
buque, 311; against LaCroix in case
of estate of Dubuque, 373; attor-
ney for Gamelin and LaCroix, plfs.
vs. estate of Dubuque, 375 ; attor-
ney for Gamelin, plf. vs. LaCroix,
attorney for Gigon, 378; mentioned,
3?5. 457-
Religion, free exercise of, accorded,
lii.
Religious life of the French, xxiv.
Relle, Jos., def. in Harmand vs., 69.
Relle, (Real, Riel) Louis, biog. notice,
628, n. 52.
Renoux, Fr., def. in Courtois vs.;
mentioned, 632.
Retrait Lignager, 148, n. i, 151.
Reynal, plf. vs. Gratiot, 27, 29; vs.
Grandmont, 149; vs. Henson, 151.
Richard, Pierre, def. in Harmand vs.,
347- ,
River of M. Labbd, 465.
Rivet, 253.
Robert, 5.
Robidou, John, obtains writ of seizure,
521; same declared void, 425, 427;
mentioned, 435.
Roch, Mde., plf. vs. Lambert, 303.
Rocq, Michel, 63.
Rocheblave, Chevalier de, (Philippe
de Rastel) appointed British agent,
xxvi. ; life and character of, tbid. ;
his limited authority, xxvii., xxxv. ;
takes measures to regulate Indian
trade, xxxii ; accusations against,
xxii., n. 2; expects attack by
Americans, xxxviii. ; learns of
Clark's expedition, xl.; proof of
knowledge of, xli., n. 2; plans
resistance, xli.; surprised at time
of attack, xliii., 537; plan of, to
retake Illinois, ex.; accused by
Bentley, c; mentioned, xix.
Rocheblave, Jr., Ph. de, intervenes in
suit vs. estate of Dubuque, 375.
Rock River, expedition to, Ixxxviii.,
540, see also ibid., n. i.
Rogers, Benjamin, member of party
seeking independence for Grand
Ruisseau, 599; sentence against,
605 ; bondsman for Piggott, 296, n.
I.
Rogers, Capt., in command at Kas-
kaskia, xcv. ; t)rranny of, xcviii. ;
threatens to aboHsh court, ci.;
leaves Kaskaskia, cii. ; letter of,
justifying himself, ibid., n. 2;
second visit to Kaskaskia, cix. ;
mentioned, c, 617.
Rose, negress, sold to Buteau, 459.
Roussard, J., 573.
Rouville, Seigneur de, see Hertel.
Roux, Pierre, ox of, killed by sol-
diers, 549.
Roy, Joseph, 461.
Roy called Lapance, Fr. Xavier, biog.
notice, 625, n. 18.
Roy, J. Pierre, biog. notice, 625, n.
17; justice, 167-195; syndic, 145;
in behalf of minors Methot, 121;
plf. vs. Lember, 163; def. in Du-
Charme vs., 39; witness, 77, 81;
mentioned, 31, 183, 481, 573; see
also Lapance.
Ryan, Josiah, def. in Golding, vs.,
433-
Rumsey, Jas. trader, xxix.; leaves
Illinois, xxxi., n. i.
St. Clair, Gov., arrival in Illinois,
cl. ; mentioned, cxxxi.
St. Cyr, see Deshayes and Dubreuil.
St. Cyr, Yacinte, registers his will, 473.
66o
ILLINOIS HISTORICAL COLLECTIONS
St. Cyr, Yacinte, named heir of Ya-
cinte St. Cyr, 475.
St. Cyr, Pierre, 475.
Ste. Genevieve, xvii., 299, 489, 515,
619.
St. Jean, see Laperche.
St. Joseph, post at, xvi. ; attacked by
De la Bahne, xcii. ; attacked by
Cahokians and Spaniards, xciii.,
see also ibid., n. 2; mentioned, 2,
87.
St. Joseph, faubourg of, 505.
St. Louis, description of, xvi.; assis-
tance from, to Americans, xxxiii. ;
emigration to, Ixxxiii., cxxxiii.,
cxxxv. ; De la Balme in, 619; Bri-
tish agents in, cv., 92, n. 2, 553, 555,
559; mentioned, cxxvi., 319, 325,
385, 409, 465, 523, 553, 561, 612.
St. Martin, Pierre, 79.
St. Michel, 87.
St. Philippe, population of, xv. ;
election of justice at, Ivii., Ixi., see
alsolvii., n. 4; mentioned, 103, 133;
see also Little Village.
St. Pierre, Father Paul de, biog.
notice, 630, n. 78. cxxxi.; sum-
mons served on, 389 ; def . in Savoy
vs., 393; goes to Spanish bank,
cxliii.; mentioned, 259, 269, 351,
391-
Sanguinette, Ch., merchant of St.
Louis, 53, 55, 61, 179.
Sarpy, plf. vs. LaCroix, 179; men-
tioned, 619.
Saucier, alias of Belcour, 4.
Saucier, arbitrator, 369.
Saucier, Fr., biog. notice, 627, n. 44;
justice, 297-315; president in
place of LaCroix, 505 ; clerk,
Ixii., 15-197; takes oath as, 51,
95, 131, 147; notary, 461-493;
obtains writ, 381, 411; accuses
Chatigny, 65; petitions court, 123;
complaint against, for disorderly
conduct, 397; plf. vs. Gratiot, 61,
vs. Baribaud, 267, vs. Chartier, 343;
witness, 67, iii, 181, 431; ap-
pointed administrator, 59; men-
tioned, 69, 113, 163, 167, 199,
267, 532, 553> 593-
Saucier, J. Bte., biog. notice, 626, n.
35; justice, Ixii., 19-51, 93-129,
167-195, 297-335; plf- "^s- Asselin,
75; def. in LaCroix vs., 37, Pillet
vs., 47, Trottier vs., 139; witness,
251, 471; executor, 145; men-
tioned, 17, 73, 225, 325, 327, 337,
339, 455, 481, 531, 553, 593.
Saucier, Matt., biog., notice, 627, n.
38; justice, 241-289, 297-335; plf-
vs. Labecasse, 275; def. in Morel
and Sansfafon-y^., 341 ; witness, 483 ;
juror, 207; mentioned, 225, 251,
325. 327> 339. 357> 505, 573. 593-
Sauciers, members of the gentry, xx.
Savoy called Cadien, Isidore, biog.
notice, 631, n. 95; obtains sum-
mons, 389; plf. vs. St. Pierre, 393,
plf. with his wife vs. Labecasse,
395; see Cadien.
Schemitz, see Smith.
Seigniory of the Foreign Missions, 223.
Senet, notary at Cahokia, 449, 495.
Sentence against Piggot and Rogers,
605.
Settlements, north of Ohio River,
prohibited, Ixix. ; of Americans,
Ixxii., Ixxxiv.
Shakespeare, ist. vol., book belonging
to James Moore, 517.
Shannon, Capt. Wm., denunciation
of Todd by, Ixxii. ; Bowman wait-
ing for, 614; mentioned, 610, 611,
613.
Shawnees, Clark attacks, Ixxxix. ;
mentioned, 253.
Shelby, Capt., in command at Vin-
cennes, Ixxvi.
Sicard (Sicart), Pierre, biog. notice,
626, n. 33.
Signatures, of justices, 212, 229, 267,
297, 299, 313, 319, 373, 378, 381,
387. 397' 399. 401, 419. 441, 608;
of petitioners, 573, 593; of jury, 72.
Sills, Samuel, 41, 77, 79.
Sinclair, Patrick, letter from Girardin
concerning conditions at Illinois,
559. cv.
Slaughter, Major (Colonel) John,
letter, concerning lack of supplies,
xix. ; concerning dishonest prac-
tices, ibid.; witness, 519.
Slavery, affected by ordinance of
1787, cxli.
Slaves, Clark's order concerning,
xlviii. ; memorial concerning trade
with, Ixviii.; sale of. 459.
INDEX
66i
Smith, Henry, elected justice, cxxxiv. ;
testifies concerning Winston's acts,
cxv. ; mentioned, cxxii.
Smith (Schemitz), Nicolas, elected
justice at Bellefontaine, cxxii.;
takes oath as justice of Grand
Ruisseau, 307; justice, 329, 331,
343> 355 ; order to, 365 ; summons
served on, 407; def. in Billet vs.,
341 ; mentioned, 363, 447.
Sol, definition of, 3, n. i.
Soldiers, suffering of, xcix., 620;
number of, at Kaskaskia, Ixxxii.,
civ.; withdrawn from Cahokia,
Ixxxiii., 547; shoot cattle in com-
mons, Ixvii. ; deserting, 615, 620;
uniforms for, 616; violence of, 537-
551-
Sorel, Canada, 317.
Spaniards, settlements of, xvi.; rule
of, congenial to French, xvii. ;
assistance of, to Americans, xxxiii. ;
repel British from St. Louis, Ixxx-
viii.; assist Virginians on Rock
River expedition, Ixxxviii. ; attack
of, on St. Joseph, xcii., xciii., n.
2; relations to Amer. Illinois,
cxxvi. ; policy of, in the West, cxlii. ;
intrigues of, in Cahokia, cxlviii.;
in Kaskaskia, cxli.
Spanish creditors, protection against,
403-
Speculators rush to Illinois to take
advantage of money values, 1.
Spectator, 7th vol., book belonging
to James Moore, 517.
Stamped paper, mentioned, 509.
Stasis, disease of city-state, cxi.
Stray leaves of court at Cahokia, 2.
Sullivan, Capt. John, xcix., 231,
293, 407.
Summons to magistrates, 413.
Superintendents of Indian affairs
appointed by colonies, xix.
Supplies, amount of, raised by Kas-
kaskians, Ixxvii. ; fiurnished by
Cahokians, 610, 613; lack of, xcix.
Surgeon, 31, 309.
Syndic, duties of, xxiii. ; of com-
munity, 122, n. 2, 145; for alien
creditors of estate of Dubuque,
313-
Tabeau, def. in Gaud vs., 433; men-
tioned, 277, 285, cxlvii.
Tabeau, Alexis, biog. notice, 629, n.
62; def. in Bergeron vs., 81, Levy
vs., 237; mentioned, 225.
Tabeau, Pierre Ant., takes oath of
allegiance, 217; debtor to Kay,
523; mentioned, 423, 427.
Tafia, definition of, 13, n. 2.
Tardiveau, Barth^lemi, biog. notice,
cxxxvi., n. 2; interpreter for Col-
onel ttarmar, cxxxvi.; appointed
agent of Americans and French,
cxxxviii. ; contract of Cahokians
with, 591; letter from Cahokians
to, 595; petitions to Congress,
cxxxix; interprets slavery clause,
cxli.
Tellier, Armant, sworn as witness, 209.
Tellier, Gabriel, biog. notice, 630, n.
81; mentioned, 225.
Tenure of office, period of, Iviii.
Terreine, definition of, 453, n. i.
Thibault, Antoine, house of, at
Prairie du Rocher, 345 ; mentioned,
423-
Thucydides, account of disease of
city-states, cxi.
Tithes, collected from the Americans,
265, 269.
Todd, John, biog. notice of, liii. ;
in Dunmore's war, liv. ; appointed
county lieutenant, liii. ; surveyor,
Ixix. ; organizes militia, Iv. ; speech
by, at inauguration of court,
lix. ; financial policy, Ixxi. ; diffi-
culties of his position, Ixxiii. ; atti-
tude of military party towards,
Ixxiii., 615; buys peltries, Ixxviii. ;
issues trading permits, Ixviii., 463,
473, 491 ; failure of policy of,
Ixxviii. ; leaves Illinois, Ixxix. ;
letter of, to Gratiot, 617; impres-
sions of, of Illinois, Ixxix.; return
of, Ixxix.; nientioned, civ., cxxxiv.,
cxxxvii. ; death of, ex.
Todd, Samuel, def. in Reilhe vs., 253.
Tournier, plf. vs. Lapance, 319.
Trade, principal routes of, xxvii ; the
Ohio route, ibid. ; competition for,
ibid. ; comparison of trade routes,
xxviii., n. i ; Ohio route of, favored
by government, xxix. ; permits for,
Ixviii., 125, 213, 215, 463, 575;
trade in liquor with Indians, Ixviii.,
Ixix., cxlvii., 73, 157, 215, 259, 607.
662
ILLINOIS HISTORICAL COLLECTIONS
Traders, American, arrive in the
Illinois, xxviii. ; depart from, xxxi. ;
prevent resistance to Clark, xli. ;
Canadian, compete, xxxi., cxxiii.,
cxlvii.
Transcripts from Cahokia Record, 13.
Transcripts of Kaskaskia Records pre-
pared for sending to Virginia, ciii.,
see also ibid, n. 3.
Travercy, takes oath, as sheriff, 137,
as baiHff, 147; plf. for Reynal vs.
Grandmont, 149, vs. Henson, 151.
Treasury-notes, Spanish, 377.
Treaty of Paris, xxv.
Treaty of peace, provisional, between
England and U. S., ex.
Trial of Americans for shooting cattle,
cvi.
Trial of negroes for poisoning, 4, 13.
Trigg, Stephen, land grant made to,
580, n. 2., 621.
Trimble, signs as witness, 513.
Troge, 277, 285.
Troge, L., 481.
Troge, Mde., 405.
Troge, Pierre, biog. notice, 626, n.
23; huissier, 197, 591; def. in
Caillot vs., 199, Dumoulin vs., 217,
263, Michaels vs., 281, Chartran
vs., 287; dispute with Piggot, 405;
mentioned, 413; see Lafleur.
Trottier, Fr., biog. notice, 624, n. 2;
one of the gentry, xx. ; gives finan-
cial aid, li.; commandant of dis-
trict of Cahokia, Ivi., cxlvi., 47, 51,
93, 215, 479; resigns office tem-
porarily, 145; enforces prohibition
of liquor trade, 157; in charge of
jail, 95, 105; takes measures
against British agents, 95; com-
plaint, against Bergeron, 95, against
Saucier, 397; assembles court to
protect its privileges, 129; justice
in Clark's court, 5-8; justice
13-51; judge of police, 533; ob-
tains summons, 411; summons
served on, 413; petitions, in, 139,
145 ; plf. vs. Martin, 79, vs. Lafleur,
411; def. in LaCroix and Levy
vs., 39, Dubreuil z*^., 259; witness,
415, 471, 475; bondsman, 73;
ox of, killed by soldiers, 549 ; men-
tioned, xxxvi., 63, 99, 179, 207, 225,
379, 457> 459. 481, 531, 553. 593-
Trottier, Jean Marie, 85, 99.
Trottier, Joseph, 459.
Trottier, Louis, biog. notice, 629, n.
70; justice, 241-256; plf. vs.
Harmand, 63, vs. LaCroix, 123,
139, vs. Saucier, 139; mentioned,
225, 457-
Trudeau, 251.
Turanjeau, Lieut, 457.
Turanjeau. See Godin.
Turgeon, 151.
Turgeon, Francois, plf. vs. Lefevre,
443; def. in Motard vs., 261.
Turgeon, Nicolas, biog. notice, 626,
n. 21; plf. vs. Gervais, 187.
Tusson, J. Bte., plf. vs. Bayles, 239.
Tutelle dative, note on, 26, n. i.
Ulim, Marie Louise, widow of J. Bte.
Desgagne, petitions, 27.
United States, government from, ex-
pected, 224, n. I., 227, 229; men-
tioned, 537.
Vacation, definition of, 201.
Vadeboncoeur, settlement of estate of
late, 45.
Vadeboncoeur, Louis, plf. vs. Baron,
269.
Vagabonds, The, by Savage, book
belonging to James Moore, 517.
Valle, hunter, 455.
Valle, Chas., 457.
Valle, Fr., 387.
Vasseur, Jacques, 87.
Vaudry, 225, 353.
Vaudry, Jos., biog. notice, 631, n.
92 ; def. in Racette vs., 99, Plante
vs., 107, Motard ■y^., 177, Baron i;5.,
221, 249, Arundel vs., 307.
Verronneau, Denis, plf. vs. Brisson,
357-
Vestry-board, oath by members of,
269; mentioned, xxiv., 249.
Vigo, gives financial support, li.
Villages, French, description of, xxi.
Villiers, Sargent, 620.
Vincennes, description of, xvi.; mili-
tia from, sent to assist Rocheblave,
xli.; people of, persuaded to join
Amer. cause, xlv. ; court estab-
lished by Clark at, xlvii. ; court
established by Todd at, Ixii. ; irreg-
ularities of court of, Ixiii., Ixxxiv. ;
court record of, destroyed, Ixiii.;
evacuated, Ixxxvii. ; De la Balme
INDEX
663
at, xc. ; occupied by Clark , cxxxiii. ;
mentioned, xvi., 103, 477, 622.
Virginia, right of, to Northwest, lii.;
treasury of, xlix., Ixxv., Ixxviii.,
547; appeals to, Ixxxiii. cii., ciii.
cxvii., cxix.; messenger to, 251,
479; mentioned, 265, 471, 481, 487,
533-
Virgi lia State Library, Collection of,
account of, cliv.
Viviat family, members of the gentry,
XX.
Viviat, Louis, independent religious
opinion of, xxiv. ; represents Wa-
bash Land Co., xxx.; member of
British party, xxxvii.; death of,
xli.
Voyageurs, description of, xviii.
Voiture, definition of, 168, n. i.
Wabash Indians, on warpath, cxlii.
Wabash Land Co., established and
buys land, xxx.
Wabash River, villages on, xvi.;
trade route by the, ibid.
Waddell, David, summons served
on, 405 ; obtains writ, 389 ; plf . vs.
Lafleur, 445; mentioned, 357.
Wale, plf. vs. Gervais, 301, vs. La-
marche, 301.
Warrant for hanging of Manuel, 20,
n. I.
Washington, George, interested in
western lands, xxix. ; plans to
arouse the Canadians, Ixxxix.
Watts, James, plf. vs. Groot, 343.
Watts, Rob., biog. notice of, 188, n.
i; commandant at Grand Ruis-
seau, cxxiii., 295, 597; opposes
effort for independence, cxlix. ;
address by, 597; receives land
grant, 189; mentioned, cxxii., 573.
Wells (Wills), def. in Marthan vs., 6.
West, Isaac, deposition of, 293;
mentioned, 281.
Wharton, Samuel, interested in wes-
tern lands, xxix.; member of trad-
ing firm, xxviii.
Williams, Col., mentioned, cliii.
Williams, Major John, biog. notice,
62, n. I ; in command at Kaskaskia,
Ixxvi. ; to give military assistance,
63; testifies concerning Winston,
cxv.; mentioned, cv., 543, 553,
557, 618.
Williams, Thomas Jarret, horse-
whipped Dodge, 619.
Willing, expedition of, xl.
Wills, registry of, Locat's, 467; St.
Cyr's, 473; Moore's, 515.
Wilson, writ against, 413.
Wine, Thomas, bondsman for Piggot,
296, n. I.
Winston, Mrs., appeals to court, cxiv.
Winston, Richard, sketch of, Ixxxv.;
in partnership with Kennedy, xviii. ;
talks independence, xxxvi.; col-
lects supplies for Clark, xliii. ;
gives financial aid, li. ; appointed
commandant at Kaskaskia, Ivi.;
appointed sheriff, Ixi., 20, n. i ;
appointed deputy county lieutenant,
Ixxix. ; hostility of French to,
Ixxxvi., cvii. ; relation to the mili-
tary, Ixxxvii. ; party of, cxii., cxvii. ;
supports French, ciii.; accuses
Virginia officers, xcviii., cxii.; ar-
rested by Dodge, cxiv.; protest
of, cxv.; dispute referred to, 129;
authorizes commissions, 489, 491 ;
policy of, defeated at election, cviii.,
cxvi. ; abolishes court of Kaskas-
kia, cxvii.; appointed representa-
tive to Virginia, cxvii.; death of,
cxx.
Wood, Ch., def. in Glamorgan vs.,
331 ; land grant to, 229.
Worley, Joseph, def. in Morris vs.,
363; bondsman, 321; mentioned
327, 365-
Wouel, juror, 283.
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