The Pre-Indiana Territory Status
The French Colonial Period
Before the Europeans settled the territory now known as Indiana, the Miami Confederacy of Indians controlled the entire area, including parts of Illinois, Michigan, and Ohio. In 1672 and 1712, French missionaries entered the territory of the Miami Indians to convert them to Christianity; these endeavors were unsuccessful. However, the French were the first Europeans to contact these indigenous people, and Louis XIV’s ambitions to expand his empire required them to keep trying. In 1680, the missionary Hennepin visited the Miami Indians on the Illinois River and stated, “There are many obstacles that hinder the conversion of the savages; But in general, the difficulty proceeds from the indifference they have to everything. When one speaks to them of the creation of the world, and of the mysteries of the Christian religion, they say we have no reason; And they applaud, in general, all that we say on the great affair of our salvation.” The second obstacle that hindered the conversion was indigenous people’s superstitions, as defined by Hennepin. The last obstacle, according to Hennepin, was their migratory patterns.[1]
Despite the failed efforts to convert the Miami Confederacy to Christianity, the relationship between French settlers and Miami Indians continued to improve. By 1679, the French built a small fort near the Saint Joseph River, which became a principal station for mission instruction and trade.[2] Hostilities between the Iroquois Confederacy and the French prevented much progress until a treaty was signed. This constant warfare checked Louis XIV’s desire for a more extensive empire within the Americas. The French escalated their influence, building forts and settlements within the Miami Confederacy’s territory. Indiana and Ohio became refuge areas for most indigenous tribes, which were pushed from the eastern seaboard by British settlements, such as Mahican, Nanticoke, Delawares, Munsee, and Shawnee, along with tribes from the Great Lakes, such as the Kickapoo, Potawatomi, Miami, Piankeshaw, Wea, and Hurons.[3]
After obtaining peace with the tribes, the French started importing black slaves into the area. By 1724, the French empire grew enough to require Louis XV to publish an ordinance to regulate his territorial government and slavery. The preamble stated:
Directors of the Indies company (which was the primary corporation running the French interest), having represented that the province and colony of Louisiana are extensively settled by a great number of our subjects, who employ negro slaves and the cultivation of the soil, we have deemed it consistent with our authority and justice, for the preservation of that colony, to establish there a system of laws, in order to maintain the discipline of the Apostolic Roman Catholic Church and deregulate the estate and condition of slaves in the country. And, desiring to provide therefor, and show our subjects residing there, and those who may settle there in the future, that, although they dwell in regions infinitely remote, we are always present to them by the scent of our sovereignty, and by our earnest study to yield them to aid.[4]
The act created fifty-five articles that regulated slavery in the French colonies in North America.
Article II of the edict stated, “All slaves who may be in our sub province shall be educated in the Apostolic Roman Catholic religion and be baptized. We command those colonists who purchase slaves recently imported, thus, to have them instructed and baptized, within a reasonable time, under pain of an arbitrary fine. We charge the directors-general of such company and all the officers to enforce this strictly.”[5] In vain, Article III prohibited any other religion from being practiced within the realm. Article IV stated no overseer could prevent a “Negro” from professing his Catholic faith. Article VI barred interracial relationships and prevented any priest or missionary from performing a marriage between the races. Article VI stated,
We also prohibit our white subjects, as well as our blacks a franchise, or Born Free, from living in a state of concubinage with the slaves; enacting that those who shall have had one or more children by such cohabitation, shall be severely condemned, as well as the master permitting, to pay a fine of three hundred livres. And, if they are masters of the slave by whom they shall have such children, we decree that, besides the fine, they be deprived both of the slave and children, who shall be adjudged to property of the hospital of the district, without the capacity of subsequent affranchisement [sic].
Article VIII prevented priests from performing marriages between slaves if they did not have the consent of their masters, and it prevented masters from forcing their slaves to marry against their will. Article IX declared, “Children springing from marriages between slaves shall be slaves and shall belong to the masters of the wives, and not to those of the husbands, if different persons own the husbands and wives.” Article X stated that if the husband was a slave and the wife was free, then their children followed the condition of the mother and vice versa; if the mother were a slave, then the children would likewise be slaves.
Article XIII prohibited gathering slaves from different masters for any reason and in any place. The punishment for violation included being whipped and branded. In cases of repeated offenses, a judge could impose a death sentence. Article XV required slaves to have a pass to carry goods to market or sell goods. Article XVII allowed all subjects to seize anything the slave had in his possession if he could not produce a pass, showing he had his master’s authority to be off the property.
Article XIX prohibited masters from allowing slaves to have a day off from labor to earn money for feeding and supporting themselves. Article XX allowed for the prosecution of slaveholders who failed to feed, clothe, and house their slaves. It furthermore allowed for the prosecution of masters for the cruel treatment of slaves. Article XXI addressed slaves who became old or ill. The article required masters to support their slaves, and if they were abandoned or hospitalized, the masters had to pay eight sous, a French unit of currency, per day for the support of each slave.
Article XXV prevented slaves from being parties to a civil case either as a plaintiff or defendant; however, the masters could have sued in their stead. Article XXVI sanctioned the criminal prosecution of slaves without making their masters a party, except in cases of accomplices. Article XXVII permitted the execution of any slave who “struck their master, mistress, the husband of its mistress, or their children, so as to bruise, draw blood or upon the face.” While XXVIII allowed for severe punishment for striking any free person, punishment was to be “rigorous” and, if warranted, included death. Articles XXX and XXXI dealt with slave theft, with penalties ranging from whipping to execution. Masters had to repair any wrongs by their slaves to others.
Article XXXII stated:
That fugitive slaves who shall have run away from the space of one month, counting from the day on which his master shall have reported him to the court, shall have his ears cut off, and be branded with a fleur de lїs upon one shoulder; if he repeat the offense for the space of another month, including in like manner the day of his being informed against, he shall be hamstrung and bread with fleur de lїs upon the other shoulder; And the third offense shall be punished with death.
Article XXXVI provided any slave condemned to death could request two county inhabitants sit as secondary judges to determine whether the execution was appropriate. Article XXXVII prevented officers from being paid to prosecute slaves to avoid extortion. Despite the authorization of death, Article XVIII forbade torture, “putting their slaves, or causing them to be put by their authority, to the torture or rack, under any pretense whatsoever, or from inflicting or causing to be inflicted any mutilation of the limbs, under penalty of forfeiting the slaves and being prosecuted to the last extremity- permitting them only, when they believe their slaves deserve it, to have them tied up and whipped with rods or cords.” Article XXXIX ordered the prosecution of any master or overseer who killed their slaves or mutilated their limbs while under their control and to punish any murderer according to the heinousness of the offense.
Article XLIII ordered that “a husband, his wife, and their children underage, cannot be seized and sold separately, if they are all within the power of one in the same master, declaring void seizures and separate cells which may be made of them.” Article XLIV prohibited slaves from seizure if they were between forty and sixty and worked on land for debts owed by their masters. Masters at least twenty-five years of age could free their slaves under Article L. Furthermore, Article LIV gave any manumitted slave all the rights of a free-born person. These edicts show a Christian European understanding of how to treat slaves.
Louis X abolished slavery in France in 1315. Historian Christopher Miller discussed the moral and legal complexity of the French slave trade,
But the moral and legal context in France was complicated. Conditions of slavery and servitude were offset. [By] the Freedom Principle. France signifies freedom and that any slave setting foot on what we now call the hexagon should be freed. There was in fact a tradition of freeing slaves, and it remained influential, if often undercut, during the time of the Atlantic slave trade. That principle made France’s negotiation of the slave trade slightly more complicated, posing ethical and legal hurdles along the way.[6]
In essence, France justified slavery as it would enslave the man but free his soul.
The French concentrated their possessions in the Louisiana territory. They maintained two distinct territories: New France, which was started in Quebec and was the Canadian province, and the Louisiana colony, which was a second territory for administrative purposes. The forts within the Indiana territory in the upper Wabash area were under French Canada. In contrast, the lower areas, such as Vincennes, which was the last fort built, were administered from the Louisiana colony.[7] While the French had built a fort on Lake Ontario in 1726, not much else had happened in the Ohio Valley.
However, from the year 1744 to 1754, French interests in the Ohio Valley grew. French policy became more concerned with the fur trade, an economic pillar of New France. The fur trade was centered in Montreal and accounted for two-thirds of all French-Canadian exports during the first half of the 18th century. France built more forts to protect its interest in the Ohio Valley area.[8] In the early 1730s, the French settled in Vincennes on the lower Wabash River, Indiana’s oldest urban settlement. Sieur de Vincennes, who died in 1736 in the Chickasaw wars, settled the village. After the French and Indian War, the Treaty of Paris ended French involvement in North America. On February 10, 1763, the French ceded all possessions and claims to Canada and the territory east of the Mississippi, except for New Orleans, to the British. However, the British did not take over the Fort until May 1764, upon Chief Pontiac’s uprising.[9]
Thus, the French established settlements in the Indiana area, and under the articles issued by King Louis XV, they created a set of laws for the treatment and control of black slaves. These laws, not unlike those passed in the antebellum American South, regulated the interaction of free people and slaves, codifying legal racism in the French colonies in North America. These rules and customs would remain even with British control after the Treaty of Paris.[10]
British Control of the Indiana Territory
After the French and Indian War ended with the surrender of the French in 1760 and the signing of the Treaty of Paris in 1673, the British took possession of Canada and the territory now known as the old Northwest. While the French had done little to colonize the old Northwest or develop its resources, English settlers long expected moving into the area to take advantage of the vast resources across the Appalachian Mountains. However, indigenous people still inhabited the area. During the French and Indian War, the British government recognized Pennsylvania’s Treaty of Easton in 1758, which stated that white men would not settle the lands west of the mountains. Thus, the Proclamation of 1763 forbade settlement in the area, arguing that the genuine desire was to prevent any competition in the fur trade.[11]
In the proclamation of October 7, 1763, the king of England forbade all his subjects “from making any purchases or settlements whatever, or taking possession of any of the lands, beyond the sources of any other rivers which fall into the Atlantic Ocean from the West or northwest” He confined the English settlements in America “to such a distance from the Sea coast, as that those settlements should lie within the reach of the trade and commerce of Great Britain.” [12] Thus, the government rejected any proposition from various individuals who wished to establish English colonies in the West.
However, conflicts with indigenous people marred British control, most notably with the Indian Chief Pontiac, who had been loyal to the French during the Seven Years’ War. Pontiac was a member of the Ottawa nation, which was not a unified entity before Pontiac’s Rebellion of 1763.[13] However, he united the tribal factions with his charismatic and oratory prowess. The Miami and Potawatomi joined Pontiac’s rising against the British. The British considered Pontiac as the greatest threat to their rule. The death of George II delayed the British response to the indigenous people issue until the assent of George III, along with multiple changes in the British government.[14]
Therefore, Great Britain’s policy in the old Northwest did not depart significantly from the French’s. The British maintained the French laws on treating blacks, at least in effect. In 1765, the total number of French settlers within the territory did not exceed six hundred.[15] And since the king forbade the expansion of his subjects into the area, little change happened before the American Revolution. In 1772, General Thomas Gage issued an order to remove colonists from the old Northwest, allowing force to effectuate it. French inhabitants in Vincennes responded to General Gage, informing him of their sacred title and presence in the area for over seventy years and that the lands had been granted to them by the king of France.
General Gage responded by requesting proof as well as all the names of the inhabitants so that he could confer with the king’s government. In June 1774, the British parliament passed an act which extended the boundaries of the province of Quebec to include the territories of the now states of Illinois, Indiana, Ohio, and Michigan, securing the French inhabitants to their free exercise of religion and the rights to remain in the territories and keep their possessions and slaves.[16]
There is little evidence of how the French in the Indiana Territory conducted themselves during British control, but what is known is that these settlements did not change local customs or laws. Although Indiana historians have not focused on French settlements under British rule, there are journals from British military officers who traveled to the area and encountered them and the indigenous people. Often, these journals spoke of what they saw, experienced, and felt about the indigenous people and the French.[17] The British did not establish colonies or courts of law in the territory. They did not even occupy the former French forts until Pontiac’s uprising. During the American Revolution, the French left the Vincennes settlers to manage their affairs until British Commandant Edward Abbott arrived in 1777.[18]
The British control over the area left the French customs and laws toward enslaved persons in place. There is no evidence the British took any measures to assert control over the process of slavery. Perhaps this occurred because the British who entered the former French territory were from England and not necessarily Tories from the colonies. England had long since removed slavery from its island, as evidenced by William Blackstone and his Commentaries on the Law of England:
I have formally observed that pure and proper slavery does not, nay cannot, subsist in England; Such I mean, whereby an absolute and unlimited power is given to the master over the life and fortune of the slave. And indeed it is repugnant to reason, and the principles of natural law, that such a state should subsist anywhere. The three origins of the right of slavery assigned by Justinian, are all of them built upon false foundations. At first, slavery is held to arise from a state of captivity and war. Secondly, it is said the slavery may begin when one man sells himself to another. Lastly, we are told, that besides these two ways by which slaves or are required, they may also be hereditary: the children of acquired slaves are, by a negative kind of birth or a slave also. But this be built on the two former rights must fall together with them. If neither captivity, nor the sale of oneself, can, by the law of nature and reason, reduce the parent to slavery, much less can it reduce the offspring.”[19]
While the British Empire allowed slavery elsewhere in the empire, it did not allow it inside the motherland; thus, officers from England may not have felt compelled to deal with slavery. In 1672, King Charles II issued the Royal African Charter. An English Jurist, Edward Chamberlayne, argued that “as for slaves … if any come hither from other realms, so soon as they set foot on land, they become free of condition of their masters.” However, Judge Chamberlayne did not cite any legal precedent, and his words went relatively unnoticed until 1772. Judge Chamberlayne’s declaration was consistent with the Magna Carta and Article 39, signed by King John in 1215. Article 39 stated, “No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land.” Article 39 was changed in the fourteenth century by parliament to apply not only to free men but to any man “of whatever estate or condition he may be,” and later expanded to read, “… for all the king’s subjects.”
On June 22, 1772, Chief Justice Lord Mansfield issued a legal opinion in favor of an African slave, James Somerset, who was brought to England by his master and filed a writ of habeas corpus petition for freedom. Lord Mansfield’s ruling stated,
The only question before us is whether the cause on the return is sufficient? If it is, the negro must be discharged. Accordingly, the return states that the slave departed and refused to serve; whereupon he was kept, to be sold abroad. So high an act of dominion must be recognized by the law of the country where it is used. The power of a master over his slave has been extremely different, in different countries. The state of slavery is of such a nature, that it is incapable of being introduced on any reasons, moral or political, but only by positive law, which preserves its force long after the reasons occasion, and time itself from whence it was created, is erased from memory. It is so odious, that nothing can be suffered to support it but positive law. Whatever inconveniences, therefore, may follow from the decision, I cannot say this case is allowed or approved by the law of England; and therefore, the black must be discharged.[20]
The colonists did not receive this ruling well, but it upheld the long tradition of no slavery in England.
The American Revolution and the Northwest Territory
On May 26, 1777, the British-appointed Lieutenant Governor Edward Abbott wrote to Sir Guy Carleton regarding the condition of the Vincennes territory. In the letter, he said, “Since the conquest of Canada, no person bearing his majesty’s Commission has been to take possession; From this your excellence may easily imagine what anarchy reigns. I must do the inhabitants justice for the respectful reception I met with and for the readiness to obeying the orders I thought necessarily issue.” He described the Wabash as perhaps one of the finest rivers in the world, and on its banks were multiple Indian towns; the most notable was the Ouija, which he thought could easily raise an army of a thousand men for a cost. He noted that the indigenous people required an “exorbitant number of demands,” which he consented to since he neither had enough troops nor would the French inhabitants assist him because the French “never spoke to them without a barn full of goods.”[21]
Abbott would leave Vincennes and resign as Lieutenant Governor because of a conflict with the territorial governor, Guy Carlton; who felt Abbott was spending too much money dealing with the indigenous people. After instructing the commandant of the local militias to take charge of the affairs, Abbott departed Vincennes on February 3, 1778, traveling to Fort Detroit, where he resigned. In his letter of resignation, he criticized the British government’s policy of employing indigenous people to attack the frontier settlements.[22]
During the American Revolution, the British employed indigenous people to incite violence against the colonists. It was George Rogers Clark, a Virginian who had helped organize Kentucky as a county of Virginia, who figured out the British intent and motives. Clark understood the value of the Northwest Territory to the new United States and traveled to Virginia to meet with its governor, Patrick Henry, and devise a plan. Virginia asserted a claim to the old Northwest Territory based on the royal charter granted to the Virginia Company.[23]
American independence was secured by a peace treaty with Great Britain on November 30, 1782, approximately a year after the surrender of General Charles Cornwallis to General George Washington at Yorktown. The final treaty was signed between Great Britain and the United States at Paris on September 3, 1783, and ratified by the Congress of the Confederation on January 14, 1784.[24]
After independence, the state of Virginia claimed most of the territory lying Northwest of the River Ohio and west of the State of Pennsylvania, extending northwardly to the northern boundary of the United States as defined by the Treaty of 1783 and finally westerly to the Mississippi River. However, Virginia was not the only state to claim the new territory based on royal charters. New York, Massachusetts, and Connecticut also claimed large territories lying north of the River Ohio and west and northwest of the western boundaries of Pennsylvania.[25] The Continental Congress recommended these states surrender the territories to the United States on September 6, 1780.[26] New York ceded its claims to the United States by a Deed of Cession, executed in Congress on March 1, 1781.[27] Virginia ceded its portion to the national government on March 1, 1784.[28] Similarly, Massachusetts assigned its claims on April 19, 1785, and on September 18, 1786, Connecticut assigned its claims to the United States.[29]
Once the land was in the legal possession of the United States, it became incumbent upon Congress to organize territorial governments. On March 1, 1784, the day Virginia ceded its portion to Congress, a committee comprised Thomas Jefferson of Virginia, Jeremiah T. Chase of Maryland, and David Howell of Rhode Island submitted a plan for a temporary government for the western territory.[30] Congress amended the plan several times, but it would remain in effect until the passage of the Northwest Ordinance in 1787.
The March 1, 1784, proposed ordinance contained a clause prohibiting slavery and involuntary servitude after 1800. However, before Congress could accept this clause, it was referred to a committee for reconsideration. It was re-submitted to Congress on March 22, 1784, with few changes but still retaining the anti-slavery clause. The clause failed on April 19, 1784, on a motion by the North Carolina delegate Richard Dobbs Spaight, and the institution of slavery was thus recognized explicitly by the measure adopted. Nonetheless, this provision was a source of profound regret to Jefferson, who said he attempted to prevent further extension of the “abominable crime.”[31]
However, the North Carolina attempt to allow slavery into the new Northwest Territory was not to be the final position of Congress. On March 8, 1785, Timothy Pickering wrote to Rufus King regarding the omission of the anti-slavery clause and pleaded that slavery not be extended into the new territory. In response, on March 16, 1785, King introduced a motion prohibiting slavery and involuntary servitude, which William Ellery of Rhode Island seconded. A vote of eight to three passed the motion, then tabled it until 1787, when the new ordinance passed. However, there was no proposed clause to allow for reclaiming fugitives inside the Northwest Territory.[32]
The 1787 Northwest Ordinance
An Ordinance for the Government of the Territory of the United States Northwest of the River Ohio (Ordinance of 1787) passed by Congress on July 13, 1787, by unanimous vote of the eight states whose delegates were present. Congress amended the ordinance multiple times with its introduction on April 26, 1787; the final version prohibited slavery and involuntary servitude.[33] “Article VI: There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punishment of crimes, whereof the party shall have been duly convicted: provided, always, that any person escaping into the same, from whom labor or services lawfully claimed in any one of the original states, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service as aforesaid.” [34] With the enactment of Article VI, slavery and involuntary servitude within the new territory were prohibited, except as a punishment for a crime. Congress inserted a provision for capturing fugitive slaves within the newly formed territory.[35]
The significance of this ordinance is its design as a road map to expand a nation. It embodied “a vision of a more harmonious, powerful, prosperous, and expanding union.”[36] This vision included the idea that an orderly westward expansion allowed for a nation’s growth and reduced hostilities with indigenous people. However, “spectators, squatters, and other adventurers infested the new settlements, promoting their private interest, defying state and national authority, and entertaining overtures from foreign powers; North of the Ohio, hostile Indians remained a formal presence.”[37] The new residents of the territories, especially in Indiana, would defy the national government on Article XI.
The Ordinance of 1787 created one vast territory that was “subject, however, to be divided into two districts, as future circumstances may, in the opinion of Congress, make it expedient.”[38] Thus, on July 4, 1800 an act was passed subdividing the territory into two districts. The dividing line started from the Ohio River opposite the mouth of the Kentucky River to Fort Recovery and then north to its intersection with the boundary line between the United States and Canada.[39] The Eastern District is now the state of Ohio, known as the Territory Northwest of the Ohio River, and the Western District became the Indiana Territory.[40]
President John Adams appointed William Henry Harrison to be the first governor of the Indiana territory on May 13, 1800, on the next to the last day of the session of Congress in which Harrison was serving as a delegate from the Northwest Territory. Harrison was a native of Virginia and was initially reluctant to take the position. However, with some persuasion, he eventually took on the challenge of being the governor of the new Indiana Territory.[41]
On June 30, 1805, by an Act of January 11, 1805, the Indiana Territory was subdivided by a line drawn east from the southern extremity of Lake Michigan to its intersection with Lake Erie. The Northern District thus created the Michigan Territory.[42] The desire to create the Michigan Territory started with the petition of James May and others of the Michigan Territory by presentation to the Senate, which requested division from the Indiana Territory. On December 6, a similar petition by the Democratic-Republicans of Wayne County, signed by their chairman, was presented to the Senate, dividing the Indiana Territory.[43]
On March 1, 1809, an Act approved February 3, 1809, subdivided the Indiana Territory, and a line drawn from Post Vincennes due north to the territory line between the United States and Canada, the western district became the Illinois Territory and the rest Indiana. [44] The act established a territorial government and statehood process when the population reached 60,000.[45] Under the Ordinance Act, Congress allowed organizing local governments in counties with at least five thousand free male residents.
However, this explicit instruction on obtaining statehood became marred with political controversies between Federalists and Jeffersonian Republicans. This issue would first come about when Ohio attempted to acquire statehood. As the Federalists lost power in Congress, Ohio Republicans tried to push statehood and remove the Federalist Governor Arthur St. Clair. Governor St. Clair was the first governor of the entire Northwest Territory and remained the territorial governor of the Ohio Territory after the Indiana Territory was partitioned off.
Ohio Republicans considered St. Clair an obstacle, and his term of office was unpopular. The statehood proponents pushed the Jeffersonian Republican Congress to pass an enabling act to allow Ohio to form a state government. The Enabling Act of 1802, signed by President Thomas Jefferson, called for a state convention and prescribed the new state’s admission terms. However, a provision for selling federal lands and prohibiting taxing that land for five years was controversial. Federalists argued that an unequal condition would harm the new state. However, their argument failed, and in 1803, Ohio achieved statehood. However, like Indiana, Ohio would enact a second constitution in 1851.[46]
As a result of the controversy surrounding the 1802 Act, Indiana statehood was more straightforward. Indiana and Illinois moved more rapidly towards statehood by the “democratization of territorial governments” after Saint Clair’s removal. Republicans inserted a new successor who could better handle political issues.[47] This rapid change to statehood would affect slavery since there was no consensus on the topic nor any constitutional guidance from the U. S. Supreme Court. White supremacists, both pro- and anti-slavery, would vie for control of the new territory.
[1] John B. Brown, A History of Indiana, From Its Earliest Exploration by Europeans to the Close of the Territorial Government, in 1816 (Indianapolis: Bingham & Doughty, 1859), 7-8.
[2] Ibid., 11.
[3] See John D. Barnhart, and Dorothy L. Riker, Indiana to 1816: The Colonial Period (Indianapolis: Indiana Historical Society, 1994), 65.
[4] Dillon, A History of Indiana, 31.
[5] Ibid., 32. The text of the French edict included in this work.
[6] Christopher L. Miller, The French Atlantic Triangle: Literature and Culture of the Slave Trade (Durham: Duke University Press, 2008), 20.
[7]James H. Madison, The Indiana Way: A State History (Bloomington: Indiana University Press, 1990), 13.
[8] George Rawlyk, “The Failure of French Policy,” in Indiana History: A Book of Readings, ed. Ralph D. Gray (Bloomington: Indiana University Press, 1994), 23-25.
[9] August Derleth, “The French Fort at Vincennes,” in Indiana History: A Book of Readings ed.Ralph D. Gray (Bloomington: Indiana University Press, 1994), 29-35.
[10] The Treaty of Paris, 1793, ended the French and Indian War (Seven Years’ War) between Great Britain and France and their respective allies. In the treaty’s terms, France gave up all its territories in mainland North America, effectively ending any foreign military threat to the British colonies. https://history.state.gov/milestones/1750-1775/treaty-of-paris
[11] John D. Barnhart and Dorothy L. Riker, Indiana to 1816: The Colonial Period (Indianapolis: Indiana Historical Society, 1994), 131-133.
[12] King George III, Proclamation of 1763. https://www.ushistory.org/declaration/related/proc63.html.
[13] Joseph D. Gasparro, “The Desired Effect: Pontiac’s Rebellion and the Native American Struggle to Survive in Britain’s North American Conquest,” The Gettysburg Historical Journal 6 (2007): i. In 1763, the Native Americans led an insurgence, commonly called Pontiac’s Rebellion, because of Pontiac, the Ottawa leader. This insurgence would culminate in the first extensive multi-tribal resistance to European colonization in America. In response to Britain’s new policies, the Native Americans took ten forts, leading to excess conflict and the British exposing smallpox blankets to the Native Americans.
[14] Barnhart, Indiana to 1816, 141-147.
[15] Dillion, A History of Indiana, 84.
[16] Ibid., 86-89.
[17]See Early Western Travels (Cleveland: Arthur H. Clark Company, 1905), in multiple volumes.
[18] Gayle Thornbrough, and Dorothy Riker, eds., Readings in Indiana History (Indianapolis: Indiana Historical Bureau, 1956), 30.
[19] William Blackstone, Commentaries on the Laws of England (Birmingham: The Legal Classics Library, 1983), 411.
[20] Somerset against Stewart, Easter Term, 12 GEO. 3, 1772, K.B. (May 14, 1772).
[21] Thornbrough, Readings in Indiana History, 30-31.
[22] Ibid.,189.
[23] Ibid.,32.
[24] William M. Malloy, ed., Treaties, conventions, International Acts, Protocols, and Agreements between the United States of America and Other Powers, 1776-1909, Vol. 1 (Washington, D. C.: United States Government Press, 1910), 580-583.
[25] Peter S. Onuf, Statehood and Union: A History of the Northwest Ordinance (Bloomington: Indiana University Press, 1987), 21.
[26] Charles Kettleborough, Constitution Making in Indiana Vol. I, 1780-1850 (Indianapolis: Indiana Historical Bureau, 1971), 3. This work is a collection of primary source documents reproduced for researchers.
[27] Deed of Cession is used to give up property rights to a governmental authority.
[28] Onuf, Statehood and Union, 99.
[29] Ibid.
[30] Kettleborough, Constitution Making, 15.
[31] Ibid., 21.
[32] Ibid., 21-22.
[33] Ibid., 25.
[34] “Northwest Ordinance of 1787,” 1 U.S.C. at LVII-LIX (2012).
[35] See Illustration One for a Map of the Northwest Territory and state territorial claims.
[36] Onuf, Statehood and Union, xiii.
[37] Ibid.
[38] Kettleborough, Constitution Making, 39.
[39] Ibid., 26. Fort Recovery was a U.S. Army Fort built by General Anthony Wayne from 1791 to 1794.
[40] See Illustration Two for Indiana Territory Map.
[41] Barnhart and Riker, Indiana to 1816, 314-316.
[42] Kettleborough, Constitution Making, 39.
[43] Ibid., 47.
[44] Ibid., 26. See Illustration Three for Map of State of Indiana circa 1816. For the full text of the ordinance see Appendix A.
[45] “Northwest Ordinance; July 13, 1787,” Avalon Project (Yale Law School). https://avalon.law.yale.edu/18th_century/nworder.asp.
[46] Onuf, Statehood and Union, 67-69.
[47] Ibid., 86.