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RECORD GROUP 100.000 - RECORDS OF THE ILLINOIS TERRITORY

The U.S. Congress approved an act that separated Illinois from the Indiana Territory on February 3, 1809. It stipulated that the administration of the new territory would remain "in all respects similar" to the government created by the Northwest Ordinance of 1787 (U.S. Stat. at Large, II, 514). The President of the United States appointed a Governor and three territorial judges, who acted as a unicameral legislature named the Council of Revision. All legislation written by the Council was subject to congressional disapproval.

As chief executive the Governor also was empowered to act as commander-in-chief of the militia and was authorized to appoint militia officers below the rank of general and civil officers for counties and townships. Acting as the Governor's appointee the Adjutant General preserved militia records, attended public military reviews, transmitted gubernatorial orders to military units, and reported to the Governor on the condition of equipment.

The Secretary of the Territory, also appointed by the President, was to keep and preserve all laws and other public records and documents created by the Governor in his executive role. The Secretary assumed the duties of the Governor whenever he left the Territory or upon his removal, resignation, or death (U.S. Stat. at Large, I, 50). Under legislation adopted from the Indiana Territory the Secretary kept a file of surety bonds posted by county officials. Results of county censuses taken by sheriffs and election returns also were required to be filed with the Secretary (Francis S. Philbrick, ed., The Laws of Indiana Territory, 1801-1809, in Theodore Calvin Pease, ed., Collections of the Illinois State Historical Library, XXI [Springfield, 1930], 152, 199, 571).

By 1812 the population of Illinois was great enough to qualify it as a territory of the second grade. According to the terms of the Northwest Ordinance the Governor called an election of representatives to form a House of Representatives. This House in turn selected ten of its members as nominees to the Legislative Council, the upper chamber of the new territorial legislature. The U.S. Congress selected five of the nominees as actual Legislative Council members (Theodore Calvin Pease, ed., The Laws of the Northwest Territory, 1788-1800, in Collections of the Illinois State Historical Library, XVII [Springfield, 1925], 125-127). Together the House of Representatives and the Legislative Council replaced the Council of Revision as the territorial General Assembly. Provisions also were made in 1812 for a territorial Auditor of Public Accounts and a Treasurer.

Throughout the territorial period the duties of the Governor and the Secretary expanded. In 1811 the Governor was authorized to remit fines and grant pardons and reprieves in all cases except impeachment (Terr. L. 1811, p. 29). As Superintendent of Indian Affairs the Governor also was allowed in 1814 to grant licenses to trade with the Kaskaskia Indians (Terr. L. 1814, p. 43). During 1812 the General Assembly ordered the Secretary to accept and file Randolph County records dating before July 13, 1781 so that they would "be safely kept by him as other Public archives & records of his office" (Terr. L. 1812, p. 46). Although the General Assembly repealed this law when the capital was moved from Kaskaskia to Vandalia the 1812 act set a precedent for the Secretary to care for local as well as state records. At the direction of the General Assembly the Secretary also preserved census returns and compiled lists of officials who took their oaths of office before the Governor. In the same year the General Assembly provided that all documents connected with its proceedings be deposited with the Secretary (Terr. L. 1814, pp. 46, 100).

In 1818 a population census, taken at the direction of the Governor, verified that Illinois met the minimum population requirement for statehood. On this basis the U.S. Congress authorized Illinois to adopt a constitution and form a state government on April 18, 1818. Accordingly a convention at Kaskaskia approved an ordinance on August 26, 1818 that accepted the terms of statehood as laid out by the U.S. Congress. Illinois entered the union as the twenty-first state on December 3, 1818 (U.S. Stat. at Large, III, 536).

For territorial records incorporated into the files of the Secretary of State, Auditor of Public Accounts, and the Adjutant General see RS 103.041, RS 103.068, RS 103.069, RS 103.073 through RS 103.076, RS 105.003 through RS 105.005, RS 105.012, and RS 301.002.

Territorial Governor

100.001

CORRESPONDENCE.

March 10, 1809-August 19, 1813; August 8, 9, 1814; January 5, 17, 1816. 2 vols. Partial index.

Correspondence with private citizens and government officials generally concerns the Governor's civil and military responsibilities. Typical discussions of the former concern law enforcement, local politics, and expenses of the territorial government. Letters handled by the Governor as commander-in-chief of the militia cover the period from June 18, 1811 to September 12, 1812. These letters, many of which were written by traders, primarily report information about Indian affairs, especially hostile activities such as murders in Chicago during 1812. Letters mention nearly all Indian tribes living in the Illinois Territory during the early nineteenth century, particularly the Potawatomis, Ottawas, Delawares, Shawnees, Cherokees, Osages, and Kickapoos. Other military topics in the correspondence include the War of 1812, construction of a chain of forts, cooperation with the militia of the Michigan Territory, and the Fort Wayne Expedition. Also preserved in the series are copies of military orders issued by the Governor and receipts for weapons that he had sent to militia units. Most outgoing letters concerning military matters were sent to the U.S. Secretary of War; other letters were addressed to such officials as Illinois militia officers, the U.S. President, the Indiana Governor, the Secretary of the U.S. Treasury, and the principal chiefs of the Kickapoo and Potawatomi tribes. Some incoming correspondence is addressed to the Secretary of the Territory. The series also contains circulars sent to Shadrach Bond when he was both territorial Governor and territorial delegate to the U.S. House of Representatives. The U.S. Secretary of State and the President signed these circulars which announced a special session of Congress.

Some of these letters have been published by Clarence Edwin Carter, ed., The Territory of Illinois, 1809-1814, in The Territorial Papers of the United States, XVI (Washington, D.C., 1948).

Secretary of the Territory

100.002

EXECUTIVE RECORDS.

May 17,1809-December 3, 1818. 1 cu. ft. No index.

Documents filed by the Governor with the territorial Secretary concern the Governor's official actions in regard to territorial administration, local governments, law enforcement, the militia, and Indians. Administrative records include resignations, removals, and appointments of territorial officials; proclamations to hold elections; statements that the Governor had issued election certificates, particularly to members of the General Assembly and to congressional delegates for the territory; proclamations to divide counties; applications for licenses; certificates of officials who administered oaths of office; itemized cost tallies from the General Assembly for buying firewood and stationery or for repairing the Kaskaskia courthouse; gubernatorial orders proroguing the General Assembly; and authorizations from the Secretary of the U.S. Treasury to pay federal funds to the territorial Secretary for taking an industrial census.

Documents in the series that relate to the Governor's responsibilities for local governments include resignations, removals, and appointments of county officials, both executive and judicial; copies of commissions issued to justices of the peace, together with certified statements from authorities who administered the oaths; petitions to the Governor (e.g., for remission of fines, for removal of appointees); name and title lists of local officials in Pope, Monroe, Crawford, Union, and Jackson Counties; and affidavits concerning cases before local courts. Records in the series that illustrate the Governor's law enforcement duties are legal depositions (i.e., confessions of crimes, statements from witnesses), affidavits from witnesses and copies of charges in cases filed with the General Assembly because they involved public officials, bills signed by the Governor, and copies of affidavits sent to justices of the peace for the apprehension of persons charged with crimes.

Material pertaining to the militia includes resignations; copies of commissions; name lists of promoted officers; gubernatorial special orders, such as to muster the St. Clair County militia in Cahokia; pleas from enlisted men for permission to elect their officers; letters from officials in the U.S. Saline (Gallatin Saline) transmitting the names of officers who won militia elections and explaining the circumstances of the elections; resolutions of the St. Clair Society of True Americans; names of troopers deployed on the Indiana and Missouri frontiers; copies of the Governor's letters discussing such matters as the appointment of military surgeons during the War of 1812; and a narrative about the Pope County regiment containing a name list of its officers and including their commission dates and ranks.

Material relating to Indian affairs includes letters from settlers concerning Indian threats and the lack of protection provided by the militia or by territorial officials; copies of licenses for trading with the Indians, in particular the Sauk and Fox; proclamations that forbade the sale of liquor to Indians; a message from the Potawatomi chief to the Governor asking that the presents agreed upon by treaty be sent to Fort Clark; and a translated speech delivered by the Potawatomi chief during a council held at Peoria in which he compared Indian life under French and American rules.

100.003

EXECUTIVE REGISTER.

April 25, 1809-September 9, 1818. 2 vols. and 1 partial vol. Index, 1 partial vol.

Executive register entries note in chronological order gubernatorial acts such as titles of laws passed and signed by the Governor and the territorial judges in their legislative capacity; memoranda of the Governor's orders; resignations (including names and dates) received from territorial or county officials and militia officers; proclamations; record of dates that the Governor entered or left the territory; notations of passports issued by the Governor; and requests for extraditions sent to him from governors of other territories, usually Orléans. Also included are proclamations by the President and a record of his appointment of the territorial Governor and Secretary. These volumes contain the names of many territorial officials.

The EXECUTIVE REGISTER has been transcribed and indexed by Clarence Edwin Carter, ed., The Territory of Illinois, 1814-1818, in The Territorial Papers of the United States, XVII (Washington, D.C., 1950), 617-673.

100.004

EXTRADITION PAPERS.

July 1809-August 1809. 0.1 cu. ft. No index.

File contains official requests for the return of fugitives from justice. The documents were issued by state governments to the Illinois Governor who occasionally added information about the circumstances of the crime. The requisitions, signed by governors, list the fugitives' names, criminal charges, and places crimes occurred. Other requisitions are from the Secretary of the Territory to the St. Clair County sheriff.

100.005

ENROLLED ACTS OF THE TERRITORIAL COUNCIL OF REVISION.

June 13, 1809-June 26, 1811. 0.25 cu. ft. Calendar.

Enrolled acts are copies of original acts passed by the Council of Revision (i.e., territorial Governor and judges) and filed with the Secretary of the Territory. These acts constitute the official record of the laws of Illinois while a territory of the first grade. Original acts were lost but these copies were reconstructed from published versions that appeared in contemporary St. Louis newspapers.

Acts passed by the territorial Council of Revision have been reprinted by Francis S. Philbrick, ed., The Laws of Illinois Territory, 1809-1818, in Jay Monaghan, ed., Collections of the Illinois State Historical Library, XXV (Springfield, 1950), 5-47.

100.006

ENROLLED ACTS OF THE TERRITORIAL GENERAL ASSEMBLY.

December 13, 1812-January 26, 1818. 0.75 cu. ft. No index.

File contains public and private acts passed by the General Assembly (i.e., Legislative Council and House of Representatives) and filed with the Secretary of the Territory. These acts constitute the official record of the laws of Illinois while a territory of the second grade. Acts were signed by the Speaker of the House, President of the Legislative Council, and the Governor. Also included are joint resolutions of the General Assembly regarding such matters as depositing the journals of both chambers with the Secretary of the Territory.

Acts passed by the territorial General Assembly have been reprinted by Francis S. Philbrick, ed., The Laws of Illinois Territory, 1809-1818, in Jay Monaghan, ed., Collections of the Illinois State Historical Library, XXV, (Springfield, 1950), 51-363.

100.007

RECORD OF BILLS AND ACTS.

November 26, 1812-December 3, 1818. 1 partial vol. Index.

Volume contains a title list of bills and acts proposed to or passed by the territorial House of Representatives and the Legislative Council. Noted in the volume are acts not approved which were returned to the chamber of origin.

100.008

TERRITORIAL CENSUSES.

1810; 1818. 2 microfilm rolls and 1 vol. Index.

The surviving portion of the 1810 territorial census is for Randolph County alone which at the time of the enumeration composed the southern quarter of what now is the state of Illinois. Entries include name of town, village, or other geographical subdivision; name of head of household; numbers of free white males aged 0-9, 10-15, 16-25, 26-44, and 45 and upwards; numbers of free white females by the same age divisions; number of other free persons, except Indians, not taxed; and the number of slaves. Entries were recapitulated and endorsed by the census taker.

The 1818 population census of the Illinois Territory was compiled in each county by census commissioners appointed by the territorial Governor to establish the minimum population requirement for achieving statehood. Each county return includes name of county and for each household name of head of household, numbers of free white males twenty-one years of age or older, other white inhabitants, free Negroes and mulattoes, and servants and slaves. Also included are total number of inhabitants of each county, signature of census commissioner certifying census, and date certified. Returns are included for the following counties:

Bond
Crawford
Franklin
Gallatin
Jackson
Johnson
Madison
Monroe
Pope
Randolph
St. Clair
Union
Washington
White

Censuses were reprinted by Margaret Cross Norton, ed., Illinois Census Returns: 1810, 1818, in Theodore Calvin Pease, ed., Collections of the Illinois State Historical Library, XXIV, (Springfield, 1935).

Territorial Council of Revision

100.009

MINUTES OF THE COUNCIL MEETINGS.

June 13, 1809-November 25, 1812. 1 partial vol. Index.

Volume contains the minutes of meetings of the Governor and the territorial judges acting in their legislative capacity. Minutes list the dates that they met, names of members present, and titles of laws or resolutions considered.

Territorial General Assembly

100.010

JOURNALS OF THE LEGISLATIVE COUNCIL.

November 25, 1812-December 26, 1812; November 8, 1813; November 14, 1814-December 24, 1814; December 4, 1815-January 11, 1816; December 2, 1816-January 14, 1817; December 1, 1817-January 12, 1818. 0.25 cu. ft. No index.

Journals of the Legislative Council for the First General Assembly (first and second sessions), the Second General Assembly (first and second sessions), and the Third General Assembly (first and second sessions) list the names of members of the Legislative Council and their counties, members of legislative committees, and appointed or elected General Assembly officers. Also recorded in the journals are approvals of bills initiated by the House of Representatives; impeachment votes; presentations of citizen petitions, usually concerning contested elections; authorizations for territorial officials to draw appropriated funds from the Treasury; reports received from committees; and the introduction of, readings of, and votes on bills or resolutions. Noted in the journals are messages received from the Governor usually stating that he had signed or disapproved bills. The journals do not contain discussions of the bills; they simply calendar the actions taken on them.

The journal of the first session of the First General Assembly has been published by Edmund J. James, ed., The Territorial Records of Illinois in Publications of the Illinois State Historical Library, no. 3 (Springfield, 1901), 62-85. A printed copy of the journal of the second session of the Third General Assembly, published in Kaskaskia in 1817, also is held by the Illinois State Archives.

100.011

JOURNALS OF THE HOUSE OF REPRESENTATIVES.

November 25, 1812-December 26, 1812; November 14, 1814-December 24, 1814; December 4, 1815-January 11, 1816. 0.25 cu. ft. No index.

Journals of the territorial House of Representatives for the First General Assembly (first session) and the Second General Assembly (first and second sessions) record the selection of legislative officers; appointments to committees; names of members who attended each session; messages received from the Legislative Council; addresses to joint sessions by the Governor, usually verbatim transcripts; rules or resolutions adopted; presentations of bills and stages of their readings; committee actions; title lists of prepared bills; passages of bills; and revenues received by the territorial Treasurer in 1814 and 1815, together with an account of funds paid by the territorial Auditor of Public Accounts. The journals contain little or no discussion of the bills under consideration.

The journal of the first session of the First General Assembly has been published by Edmund J. James, ed., The Territorial Records of Illinois in Publications of the Illinois State Historical Library, no. 3 (Springfield, 1901), 86-125. A printed copy of the journal of the second session of the Third General Assembly, published in Kaskaskia in 1817, also is held by the Illinois State Archives.

100.012

LEGISLATIVE RECORDS.

November 14, 1813-January 14, 1817. 0.25 cu. ft. Partial calendar.

File includes bills, acts, resolutions, and memorials approved by the territorial legislature during its First General Assembly (second session), Second General Assembly (first and second sessions), and Third General Assembly (first session). This series contains also vetoed bills; petitions from citizens; resignations of county officials; invoices for purchases by the General Assembly; lists of grievances compiled by the St. Clair County grand jury; notices that members of the House of Representatives had been expelled; reports from legislative committees, the territorial Auditor of Public Accounts, and the territorial Treasurer; messages from the Governor or from the Secretary of the Territory when he was acting Governor; and the Governor's attestations that he had administered oaths of office to members of the House. Also found in this series are letters to the Speaker of the House concerning territorial finance; and letters from the territorial Secretary informing the Speaker that the Governor had signed or vetoed certain bills. Laws filed in this series are dated and signed by the Speaker of the House, the President of the Legislative Council, and the Governor. The series also contains a two-page copy of the House journal for January 1, 1816 and a bill concerning slavery that was vetoed by the Governor on December 27, 1817.

Territorial Adjutant General

100.013

MILITIA MUSTER ROLL.

February 27, 1813-March 17, 1813. 0.1 cu. ft. No index.

Muster roll was prepared by the field and staff officers of the 3d Infantry Regiment of the Illinois militia which was sent on an expedition during the War of 1812. Included are names and ranks of officers, dates of appointments and expirations of service, and remarks (e.g., horse lost).


These records are available at the Illinois State Archives, Office of the Secretary of State.
 
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