[366] See for example Wentworth, Early Chicago; Kirkland, The Chicago Massacre; Andreas, History of Chicago.
[367] I have not been able to determine the exact date of the death of La Lime. It could not have been earlier than April 13, however, since on this date he wrote to Captain Wells of Fort Wayne an account of the murders at the Lee farm on April 6 (Louisiana Gazette, May 30, 1812, copied by Lyman C. Draper, Draper Collection, S, Vol. XXVI).
On May 22, 1804, articles of indenture were entered into which bound Jeffrey Nash, a "Negro man," to serve John Kinzie and Thomas Forsyth, "Merchants of Chicago," for the term of seven years.[368] The instrument describes Nash as an inhabitant of Wayne County, although it was executed, apparently, at Chicago.[369] The Chicago of 1804 was located in Wayne County, Indiana Territory, whose county seat was Detroit, over three hundred miles away. In return for meat, drink, apparel, washing, and lodging "fitting for a Servant," Nash bound himself to the maintenance of an utterly impossible standard of conduct.[370] Doubtless the quaint language of the indenture simply followed the customary form of such documents; it can scarcely have been expected that the bound man would live up to its numerous stipulations.
[368] Draper Collection, Forsyth Papers, I, Doc. No. 1.
[369] That the indenture was entered into at Chicago I infer from the facts that Kinzie opened his account books here on May 12, and numerous entries in them were made during the ensuing ten days, and that the name of John La Lime, one of the witnesses of the indenture, occurs among the entries for May 12.
[370] Among the other things it was agreed that for the space of seven years "the said servant his said Masters shall faithfully serve their Secrets keep their lawfully Command everywhere gladly Obey. He shall do no damage to his said Masters. He shall not wast his Masters goods nor lend them unlawfully to others. He shall not commit Fornication nor contract Matrimony within said Term. At dice Cards or any unlawful game he shall not play where by his said Masters may be damaged with his own goods or the goods of others during the said Term without licence of his said Masters he shall neither buy nor sell he shall not absent day nor night from his said Masters Service without their leave nor haunt Taverns or any place or places without permission from said Masters but in all things behave as a faithful Servant ought to do during the said Term."
Nash signed the instrument by making his mark. It might reasonably be concluded, even in the absence of other information concerning him, that this indenture practically reduced him to slavery. That Kinzie and Forsyth chose to so regard Nash's status is shown by their treatment of him. He was taken to Peoria, Forsyth's place of residence from 1802 until 1812, and for many years held by the latter as a slave.[371] At length he ran away from his bondage and made his way to St. Louis, and eventually to New Orleans, where he was said to have had a wife and children. Forsyth and Kinzie sought to recover possession of him and to this end a suit was instituted in the parish court; the case went ultimately to the Supreme Court of Louisiana, where an interesting decision was rendered.[372]
[371] Draper Collection, Forsyth Papers, Vol. I, copy of decision of the Supreme Court of Louisiana, June 5, 1816, in the case of Kensy and Forsyth, plaintiffs, versus Jeffrey Nash, defendant.
[372] The summary given here is based on the manuscript copy of the decision in the Forsyth Papers. The case is reported in Martin, Louisiana Reports, II, 180.
The plaintiffs submitted two lines of evidence in support of their contention that Nash was their lawful slave. A number of witnesses testified that for a term of years he had lived at Peoria as Forsyth's slave, being "known and reputed" as such by the villagers. Furthermore the plaintiffs produced a bill of sale of Nash to them, dated at Detroit, September 5, 1803, and there recorded and duly authenticated. In view of the fact that the articles of indenture whereby Nash bound himself "voluntarily as a servant" to Kinzie and Forsyth for a term of seven years were executed in May, 1804, there seems to be no escape from the conclusion that the bill of sale was a forgery, fabricated for the use to which it was now put. Although it deceived the court, the fraud brought no profit to the plaintiffs. The judges declared that since the Ordinance of 1787 prohibited slavery in the Northwest Territory unless under two exceptions, the plaintiffs' "alleged possession" of Nash could only have been lawful at the time the bill of sale was produced on two grounds. There could be complete ownership and slavery only in case the person claimed had been convicted of a crime by which his freedom was forfeited. Or, if the defendant were a fugitive from involuntary servitude in another state, he might be seized and returned to servitude there.