By a congressional resolution of August 28, 1788, it was provided that the lands donated to Illinois settlers should be located east, instead of west, of the ridge of rocks. As this would throw the land too far from the settlements to be available, petitions followed for the restoration of the provisions of June 20, and in 1791 the original location was decreed. By a resolution of August 29, 1788, the governor of the Northwest Territory was ordered to carry out the provisions of the acts of June 20 and August 28, 1788, respectively.[116]
The beginning of operations, in accordance with the acts just cited, was delayed by the fact that the governor and judges, appointed under the Ordinance of 1787, and who alone could institute government under it, did not reach the Illinois country until 1790. In the meantime, anarchy continued. Contemporary accounts give a good idea of the attempts at government during the time, and the fact of their great interest, combined with the fact that most of them are yet unpublished, seems to warrant treatment of the subject at some length.
The court at Kaskaskia met more than a score of times during 1787 and 1788. Its record consists in large part of mere meetings and adjournments. All members of the court were French, while litigants and the single jury recorded were Americans. Jurors from Bellefontaine received forty-five livres each, and those from Prairie du [pg 059] Rocher, twenty-five livres each. This court seems to have been utterly worthless.[117] At Vincennes, matters were at least as bad. “It was the most unjust court that could have been invented. If anybody called for a court, the president had 20 livers in peltry; 14 magistrates, each 10 livers; for a room, 10 livers; other small expenses, 10 livers; total in peltry, 180 livers—which is 360 in money. So that a man who had twenty or thirty dollars due, was obliged to pay, if he wanted a court, 180 livers in peltry: This court also never granted an execution, but only took care to have the fees of the court paid. The government of this country has been in the Le Gras and Gamelin family for a long time, to the great dissatisfaction of the people, who presented me a Petition some days ago, wherein they complained of the injustice of their court—in consequence of which, I have dissolved the old court, ordered new magistrates to be elected, and established new regulations for them to go by.”[118] Upon the dissolution of the court, Maj. Hamtramck issued the following:
“REGULATIONS FOR THE COURT OF POST VINCENNES.
“In consequence of a Petition presented to me by the people of Post Vincennes, wherein they complain of the [pg 060] great expence to which each individual is exposed in the recovery of his property by the present court, and as they express a wish to have another mode established for the administration of justice—I do, therefore, by these presents, dissolve the said court, and direct that five magistrates be elected by the suffrages of the people who, when chosen, will meet and settle their seniority.
“One magistrate will have power to try causes, not exceeding fifty livers in peltry. Two magistrates will determine all causes not exceeding one hundred livers in peltry,—from their decision any person aggrieved may (on paying the cost of the suit) appeal to the District Court, which will consist of three magistrates; the senior one will preside. They will meet the third Tuesday in every month and set two days, unless the business before them be completed within that time. All causes in this court shall be determined by a jury of twelve inhabitants. Any person summoned by the sheriff as a juryman who refuses or neglects to attend, shall be fined the price of a day's labour. In case of indisposition, he will, previous to the sitting of the court, inform the clerk, Mr. Antoine Gamelin, who will order such vacancies to be filled.
“The fees of the court shall be as follows: A magistrate, for every cause of fifty livers or upwards in peltry, shall receive one pistole in peltry, and in proportion for a lesser sum. The sheriff for serving a writ or a warrant shall receive three livers in peltry; for levying an execution, 5 per cent, including the fees of the clerk of the court.
“The clerk for issuing a writ shall receive three livers in peltry, and all other fees as heretofore. The jury being an office which will be reciprocal, are not to receive pay. All expenses of the court are to be paid by the person that is cast. This last part may appear to you to be an extraordinary charge—but my reason for mentioning it is, that [pg 061] formerly the court made the one who was most able pay the fees of the court, whether he lost or no.
“The magistrates, before they enter into the execution of their office, will take the following oath before the commandant: I, A., do swear that I will administer justice impartially, and to the best of my knowledge and understanding, so help me God.
“Given under my hand this 5th day of April, 1788.”