The Illinois-Wabash Land Company manuscript

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THE ILLINOIS-WABASH LAND
COMPANY MANUSCRIPT

manuscript of the Illinois-
A Wabash Land Company was
recently purchased at an auction in
New York City. It is evidently
one of several copies made for the
various members of the company at
the time when the two companies,
the Illinois Land Company and the
Wabash Land Company, were
united. This reproduction has been
made for private circulation only,
and I take great pleasure in sending
it to you.

CYRUS H. McCoRMicK

November i, 1914
Chicago, Illinois

Copy No MU

THE ILLINOIS-WABASH LAND
COMPANY MANUSCRIPT

WITH AN INTRODUCTION

BY

CLARENCE WALWORTH ALVORD

PRIVATELY PRINTED

By CYRUS H. McCORMICK

1915

[A * "i

THE ILLINOIS -WAB ASH
LAND COMPANY

Trade and land-speculation! The story of these
activities contain the history of the early exploration
and colonization of western America. Such docu-
ments as the following, which have sprung out of the
very enterprises of nation-builders, tell this story so
teeming in interest and justify their preservation and
close study. In the acts here told and in others like
them is seen the germ of later vast enterprises which
have resulted in covering the almost deserted forests
and prairies of the Mississippi Valley with their popu-
lous cities, their lovely villages, and their wealthy farms.
The first men to find their arduous way across the
mountains, that vast buttress against the enterprise of
the British tide-water settlements, were hunters and
fur-traders, who were almost contemporary in their
undertakings. These brought back to the settle-
ments such glowing stories of the richness of the mid-
land valley that the land speculators were aroused to
energy and preceded the farmer in the mad rush west-
ward; and in many places along the Ohio and
Mississippi vasts tracts were covered with claims before
the first real home-builders drove their wagons or
guided their flat-boats to this Mecca of future hope.

Who can measure the value to the West of the
labor of these enterprising speculators who by printed
pamphlet and spoken word have attracted the troops of
emigrants to seek out happier conditions? "Go West,"
was the slogan which they cried; and their personal
gain or loss has resulted in the birth of many states.

If the complete history of these documents were
written, it would require many pages, because it
would develop into a treatise on the British land
system which cannot be understood without a disen-
tanglement of the chaotic politics of Great Britain
during the last half of the eighteenth century; but this
is neither the time nor place to enter into the many
complicated problems involved in such a study, and
it will be sufficient to give attention only to the most
conspicuous conditions and events.

To the numerous land speculators of Great Britain
and her colonies, the government seemed exceedingly
slow in determining the best means to employ in
developing the American West that had been ceded
by France in the Treaty of Paris of 1763; and, when
it was decided in London that expansion westward
should be gradual and only after the British Govern-
ment had duly purchased from the Indians their rights,
every speculator with his get-rich-quick scheme became
disheartened. The slow processes of British diplo-
macy did not offer much to satisfy their eager desires.
The Indian boundary lines which the British superin-
tendents ran during the years 1768-1770 along the
back of the colonies, opening up for immediate
settlement only part of western Pennsylvania, and
what is now West Virginia, cut off many a hope for
sudden wealth. It seemed that the British govern-

10

ment was reserving the fair lands along the Ohio and
Mississippi to be the haunt of the red men and the
temporary sojourn of the fur-trader.

The first document in this volume, the opinion
of Lords Camden and Yorke, in regard to the
sovereignty of the Indian nations, aroused the land
speculators from their feeling of discouragement and
put new life into their schemes to exploit the West
which now seemed to lie open to them unprotected
by any imperial restriction. The history of this
opinion has, so far as is known, never been written.
In 1769 Samuel Wharton, a merchant of Philadelphia,
went to London in the interest of an association of
merchants who had suffered considerable losses at the
outbreak of the Indian war of 1763, known in history
as the Conspiracy of Pontiac. At the treaty of Fort
Stanwix in 1768, the Indians had been persuaded to
make a large grant of land in what is now West
Virginia in compensation for these losses, and Wharton
was sent to England by his partners to persuade the
ministry to issue letters-patent for this grant. In this
he did not succeed; but he wrote home that this
failure made no difference, because he had obtained
the opinion of Lord Camden and Lord Chancellor
Yorke as it is written in the following document.
The exact date of this opinion can not be established.
Charles Yorke was lord chancellor only a few days
before his death in January, 1770; and his mental
condition during that period was such that the opinion
must have been given some time previous to his
promotion. The date of the opinion, which was
wholy private, must, therefore, have been during the
year 1769.

1 1

According to it any man or group of men could
purchase land directly from the Indian tribes which
were sovereign nations, and such titles would be
regarded as legal in the British courts. The opinion
was soon known in America, although Wharton tried
to keep it quiet; and it stirred up many an interest-
ing land scheme, among which are to be found those
of the Illinois Land Company and the Wabash Land
Company, later united into the Illinois-Wabash Land
Company, whose records are here illustrated.

Before this important event had taken place in
England, the country of Illinois had been the scene
of many interesting enterprises, that have a very direct
connection with this land speculation.

After the final occupation of the Illinois country
by the British troops in the fall of 1765, there was a
rush of traders into the region. The principal and
first firm to enter the eager competition for the
western fur-trade was that of Baynton, Wharton, and
Morgan of Philadelphia, who made elaborate prepar-
ations. In a letter from a member of the firm there
is found an estimate that over three hundred boat-
men were being employed by them to convey their
goods to Kaskaskia. These merchants were left only
a short time to enjoy their trade in peace. A Phila-
delphia and London firm, Franks and Company,
reached out also for this western trade; and for several
years there was a very bitter rivalry. Both firms tried
to obtain the concession to furnish the provisions for
the British troops in the country and both engaged
in extensive trading for furs. Baynton, Wharton, and
Morgan were the first also to attempt to gain a large
land grant in the Illinois, but in spite of the efforts

12

of their representative in London, Benjamin Franklin,
they were unsuccessful; and since their trading venture
did not succeed, they gradually withdrew from the
country and left the field to their rivals.

The able representative of Franks and Company
at Kaskaskia was the William Murray who figures so
largely in the following documents. Concerning him
little is known. There are in existence, however,
several of his letters to his partners, which reveal him
as a man of pleasing personality and of jocose mood.
He calls himself at the time a merchant residing in
Philadelphia. He lived, however, several years in
Kaskaskia and left there finally two years before the
village was taken by the Virginians in 1778. From
his letters it is evident that his firm had not prospered
as the members had expected, and so they determined
on a bold venture.

Murray began the trip to Illinois, which ended in
the purchase of land by the Illinois Land Company
in the spring of the year 1773. From Pittsburg he
wrote to two of his partners, Bernard and Michael
Gratz, a letter in which he says that he had visited the
famous frontiersman and land speculator, George
Croghan, who, he writes, "assured me, That Lords
Camden and Yorke Personally Confirmed to him the
Opinion respecting Indian Titles, when C[rogha]n was
last in England. So Courage my Boys; I hope We shall
yet be Satisfied for our Past Vexations attending our
Concern in the Illinois. . . . Thos. Minshall, Capts. Col-
lander & Thompson and John Campbell have Signed
the Land Affair which makes twenty-two shares."

With light heart and in an optimistic mood,
William Murray shortly after set out on the Ohio

'3

and reached his destination on June 11, as we learn
from a letter of Captain Hugh Lord, commandant
of Fort Gage in Kaskaskia village. Murray, upon his
arrival, showed the commandant a copy of the legal
opinion of the two noted jurists, but the captain does
not appear to have been frightened, for he informed
Murray that he "should not suffer him to settle any
of the lands as it was expressly contrary to his Majesty's
Orders;" but Murray's own narrative, as published in
one of the later pamphlets of the company, informs
us of his continued activities in spite of the hostile
attitude of the commandant. "In the month of
June, 1773," he writes, "I held several public con-
ferences with the several tribes of the Illinois Nations of
Indians, at Kaskaskia village; to all which conferences
I invited to be present, the British, officers and all the
inhabitants of the place, and a great number attended
accordingly."

He then goes on to relate how on July fifth he
entered into that agreement for himself and associates
with the chiefs of the Illinois Indians, a copy of which
may be found in the later pages. By this the Illinois
Land Company became the owner, under an Indian
title, of two large tracts of land, one on the Illinois
River and the other on the Ohio. This deed was
duly registered by the notary public at Kaskaskia
and was attested by Captain Hugh Lord, who reported
the sale immediately to his superiors with his own
adverse opinion. His prompt action led to some
correspondence and at length to instructions, which
belong to a later period of this story.

If the list of the members of the Illinois Land
Company is examined, it will be seen that they all

belonged to the colony of Pennsylvania, where spec-
ulation in western lands had always been popular.
Still it was not to the authorities of that colony that
these men turned for assistance in making good their
title, but rather to the governor of Virginia, Lord
Dunmore. One of the reasons for this was that
Virginia's charter-claims extended over the Illinois
country; but probably of much greater importance
was the fact that Lord Dunmore's ambitions were
leading him to seek a fortune in land-speculation.
It was also probably well known to Murray and his
associates that Dunmore's chief legal adviser in his
western plans, Patrick Henry, shared the opinion of
Lords Camden and Yorke in regard to the sovereign
rights of Indians.

William Murray now became the prime mover
in the formation of a new land company, the later
Wabash Land Company, and the purpose of its
formation was to induce Lord Dunmore to give sup-
port to both enterprises. In a letter of May 16, 1774,
written at Philadelphia, Murray writes of both "the
old and new Affair," and again he writes, "Eight in
Maryland have signed to the new Affair." This "new
Affair" can only refer to the Wabash Land Company,
several members of which resided in Maryland, but
most important of all the leading member was John
Murray, Earl of Dunmore, governor of Virginia.

The occurrence of this name among the list of
members of the new company explains quite plainly
the petition of the Illinois Land Company which was
addressed to the Earl on April 19, 1774. The peti-
tion recites the circumstances of the purchase as they
have been here explained and prays that "your Lord-

ship be pleased to take the petitioners and their
settlements into the protection of your Lordship's
Government of Virginia, and extend to them the
Laws and Jurisdiction of Your Colony Accordingly."
This petition Dunmore transmitted in May to Lord
Dartmouth, the secretary of state for the colonies,
with his most cordial recommendation. He writes:
"Whatever may be the Law with respect to the title,
there are, I think, divers reasons which should induce
His Majesty to Comply with the Petition, so far at
least as to admit the Petitioners and their Acquisitions
if not into this Government, into Some Other. . . .
I cannot then but think, that, Seeing there is no
possibility of setting bounds to the Settlements of the
Americans, it would tend most to the Advantage of
His Majesty and to preserve the peace and order of the
back Countries, that His Majesty should indulge the
views of Adventurers like the Present, who willingly
conform to Government." In a later letter Lord
Dunmore denied that he was in any way interested
in the Illinois speculation, which statement might be
regarded by a toughened conscience as true. Still the
Wabash plan was already launched and Dunmore's
name led all the rest.

The minister was not in a mood to receive the
advice of Lord Dunmore favorably. The problem
of the West had always been a perplexing one; but
in one view the ministers were unanimous, namely,
that no act should be tolerated which would tend to
arouse the Indians again; and they held that the per-
mission to form settlements west of the Indian
boundary line would be such an act. The first news
of William Murray's action was brought to the secre-

16

tary for the colonies by General Gage, at the time
in England. The result was a letter of censure to
Lord Dunmore and instructions to the acting com-
mander-in-chief in America to prevent the undertak-
ings of Murray and his associates. A quotation from
the commander's letter to Captain Hugh Lord at the
Illinois will illustrate the situation: "Having laid
before His Majesty's Principal Secretary of State for
America, your report to me of the transactions of
several persons, who in contempt of the King's Pro-
clamation herewith sent, have unwarrantly purchased
from the Indians such lands as are undoubtedly
intended to be reserved to them, and were never to
be acquired but under the Sanction of Government;
it is with great pleasure that I can communicate to
you his Lordship's Approbation of your commendable
attention to the very extraordinary attempts to acquire
a title to the possession of lands in a part of the
Country where all new settlement has been forbidden
by the King's said proclamation.

you will therefore take all opportunities to acquaint
the Indians with this, His Majesty's concern for their
happiness and welfare, in preventing persons taking
advantage of them and purchasing the lands which it
is the King's determined resolution to reserve to them,
and to prevent as much as lays in your power any
purchase so contrary to the Royal will and regula-
tions * * * and that his Majesty's new Subjects may
not be deceived and persuaded to act contrary to the
intent of it, JV. e. the proclamation}^ you will be pleased
to order the Notary Public to erase from his Registers
any of the proceedings relative to the purchase already
made and publicly to protest against them, and to

'7

declare all that has been or may be done hereafter
relative to it void and of non-effect."

Not satisfied with this mere prohibition the min-
istry determined to remove the whole Northwest from
the danger of such lawless attempts. The news of
Murray's purchase arrived in England at the time when
the ministry had under consideration some important
changes in the constitution of the colony of Canada
and also at a time when the lack of government in
Illinois was forcibly called to their attention by a
petition of the Illinois French. The necessity of pro-
tecting the lands of the Indians from speculators
appeared to them of sufficient importance to justify
uniting the Illinois issue with the Canadian. The
result was the well-known Quebec Bill of 1774 which
extended the newly formed government of Canada to
the unsettled prairies of the Old Northwest; and it
was hoped in London that the new government would
prevent illegal settlement on the banks of the Ohio
and Mississippi rivers.

Meanwhile the news of the opinion of Lords
Camden and Yorke had become more generally known
to the land speculators and many purchases of land
were proposed and some were actually made from the
Indians, the most notable being that of Kentucky
and part of Tennessee by Richard Henderson and
Company of North Carolina. In the Illinois, Murray's
example was almost immediately followed by a couple
of Frenchmen who made a large purchase from the
tribe of the Mitchigami. The plans of the company
of which Lord Dunmore was a member were also
carried out and the record of their purchase forms one
of the following documents.

18

That Captain Hugh Lord obeyed his commander's
orders to annul the purchase by the Illinois Land
Company we are informed by Murray, who writes:
"About eighteen months subsequent to this transac-
tion General Gage ordered the same commanding
officer to convene the Indian chiefs afresh, after I
purchased the lands, and to inform them: <That not-
withstanding the sale they had made, and the con-
sideration they had received, that they might hold
those lands, and that they were still their property.'

"After some deliberation, the chiefs replied, 'That
they thought what the Great Captain said was not
right; that they had sold the lands to me and my
friends not for a short time, but, as long as the sun
rose and set; *

That I had paid them what they had agreed for and
to their satisfaction and the more than they had
asked for."

Such a reply was naturally very satisfactory to the
speculators; and in September, 1775, William Murray
commenced negotiations at Vincennes with the chiefs
of the Piankashaw and.Wea tribes "with the same
caution, deliberation and form observed as in the first
land purchase." This time he allowed his partner, a
Frenchman of Kaskaskia, Louis Viviat, to act as the
agent; and he succeeded on October 18, 1775, in
consummating a purchase from the Indians of two
large tracts of land, one above and one below the
village of Vincennes. This deed was also duly reg-
istered by a notary at Kaskaskia.

The outbreak of the Revolutionary War changed
the whole condition in the West, which became the
scene of the murderous attacks of the savages and of

19

the dramatic defense of their feeble settlements by the
frontiersmen. The destiny of the West remained in
the balance till the very end, when fate decreed that
a new nation should control the region.

One very dramatic western event belongs to this
period. The occupation of the Illinois country by
the Virginians under George Rogers Clark is so well
known in history and novel that the event does not
need to be described here; but the expedition of
Clark was not wholly unrelated to the actions illus-
trated by these documents, nor were the men
connected with the two land companies wholly
uninterested spectators of the deeds of Clark. Although
the proof of their direct influence upon the expedition
of that bold Virginian hangs upon a weak and
tortuous line of reasoning, yet the writer of this
introduction, who has long and carefully investigated
the men and measures of the West, is convinced that
the account which follows is approximately true.

In 1776 William Murray went to New Orleans
and was there when some Virginians under Captain
Gibson came down the Mississippi River to purchase
powder for the colonies from the Spaniards. The
expedition did not ascend the river until the spring
of 1777. With it went two letters. One we know
was written by William Murray to his brother Daniel
at Kaskaskia, wherein the latter was instructed to be
prepared to assist any company of Americans who
might come. The other letter, of which we know
very little, was to a merchant of Kaskaskia, Thomas
Bentley, from which he learned that spies were to be
sent to the village to investigate the conditions. A
few weeks later such spies were actually sent by

20

George Rogers Clark. Here is certainly a connec-
tion between William Murray and Clark.

There is also some evidence of an eastern connec-
tion between the land companies and Clark, although
the character of the connection is very difficult to
discover. The governor of Virginia at the time was
Patrick Henry who had been the right hand man and
chief adviser of Lord Dunmore in all his western
enterprises. It was before Henry that Clark laid his
plans for the taking of the Illinois posts; and, when
he had successfully persuaded the governor to give
his consent to them he wrote triumphantly in his
diary: "taken in partnership by his Excellency P.
Henry in taking a Body of Land." Although we
know no more about this partnership, it seems very
probable that, when land speculation was being dis-
cussed, the purchase of the two land companies, so
well known to Henry, must have entered into the
conversation. It must be remembered, however, that
there is no evidence that Governor Henry ever had
any direct connection with either of the companies.

That the companies were carefully watching the
events in the West is shown by the immediate appear-
ance of their representative William Murray at the
capital of Virginia, as soon as Clark's success was
known, to petition the legislature to allow their pur-
chases. Virginia was not prepared, however, to grant
such a request and, in fact, prohibited all settlement
north of the Ohio River until the war was closed.

From the later documents it will be seen that
the two companies were united and preparations were
made to push their claims, but for the purposes of
this introduction the later history of the Illinois-

21

Wabash Land Company need not be given in detail.
From scattered notices, it is evident that some few
settlers were actually sent by the company to Vin-
cennes. It is also well known that the company
pressed its suit before the Continental Congress, and
later before the Congress of the United States, but
all without success. Thus the purchases by the com-
pany came to naught; but the enterprise itself was
not without significance, for the Illinois -Wabash
Land Company was one of the first great companies,
some successful, some unsuccessful, which have aided
in the settlement of the West. William Murray,
whose name is almost unknown in history, was but
the prototype of hundreds who have followed his
example; and his name should be linked with those
of his contemporaries, Richard Henderson and George
Morgan, who, though unsuccessful, were pioneer
promoters of settlement on a large scale in the Mis-
sissippi Valley.

22

FAC-SIMILE OF

THE ILLINOIS-WABASH LAND
COMPANY MANUSCRIPT

IN THE POSSESSION OF

CYRUS H. McCORMICK

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