Edmund Flagg - Flagg's The Far West, 1836-1837, part 2; and De Smet's Letters and Sketches, 1841-1842

"At a Court held at Chartres Village, in the Illinois, this sixth day of November, in the eighth year of the reign of our Sovereign Lord, George the Third, by the grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c., &c., &c., in the year of our Lord Christ one thousand seven hundred and sixty-eight, 1768.

"Present, George Morgan, James Remsey, James Campbell, James M'Millar, Jean Baptist Barbeau, and Peter Girardot, Esqrs., Justices. Commissions of the peace granted by John Wilkins, Esqr., Governor and Commandant of the said country, and directed to the gentlemen named, were produced and read.

"Whereupon the said Justices took the several oaths of allegiance to his Majesty's person and government, and also the oaths of Justices of the peace; which oaths were administered to them by the Governor and Commandant aforesaid.

"A commission from the said Governor to Dennis M'Croghan, Esq., to be Sheriff of the country aforesaid, was produced by the said Dennis M'Croghan, Esq., and read, who took and subscribed the usual oaths of allegiance to his Majesty's person and government, and also the oath of sheriff for said country.

"The Governor and Commandant aforesaid entered into a recognizance in the sum of five hundred pounds lawful money of Great Britain for the said Sheriff's due performance of his office."

It would appear from the following deed, made by a military sergeant , executing the office of sheriff under the style of Provost under Commandant Hugh Lord, in 1772, that the government in Illinois was then purely military .

"Be it remembered that on this nineteenth day of December, in the year of our Lord one thousand seven hundred and seventy-two, by virtue of a writ unto me directed, I, Andrew Hoy, Provost, did seize, levy, and distrain upon the dwelling-house and lot of John Baptist Hubardeau, situated in the village of Kaskaskia, for a debt due as per note of hand, of the signature of the aforesaid Hubardeau, for the sum of two thousand and forty livres, with interest and damages. Now, know ye, that the aforesaid writ of Fieri Facias was issued by Hugh Lord, Esq., Captain in his Majesty's 18th or Royal Regiment of Ireland, in manner and form following:

"George the Third, by the grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c.

"To Sergeant Hoy, Provost.

"We command you that you cause to be made of the (goods) and chattels of John Baptist Hubardeau, in your bailiwick, two thousand and forty livres, which Franks & Company, lately, in our court, before us, at Kaskaskia, recovered against him by virtue of a power of attorney, for a debt, with lawful interest, and damages which they have sustained, occasioned as well by the detaining of the said debt, as for their expenses and costs by them laid out in and about their suit in that behalf, whereof the said Hubardeau is convicted, and have you the money before us at Kaskaskia as soon as the sale of said effects shall admit, to render to the said Franks & Company their debt and damages aforesaid, and have then there this writ.

"Given at Fort Gage, this 19th day of December, 1772.

"Andrew Hoy, Provost.

"Moreover, that in consequence of further orders from the commandant aforesaid, I did give general notice of the sale thereof by the following advertisement, which was publicly placed for perusal and knowledge of the inhabitants in general, both here and at the village of Caho. 295

"Vendredi, à onse heur du Matin le 29th du mois prochain, sera vendu au porte de L'Eglise, la Maison et Terrain du Sieur Jean Baptist Hubardeau, qui est puis en exêcution, payable en Pèlletrie, Bon Argent, lettres de change, ou la bon esclaves, dans le moi de Mai qui vient.

"Au Kas, 296 Decembre 29 [19] th, 1772.

Making allowances for bad French, the following is a translation of this notice:

"Wednesday, at eleven o'clock in the morning of the 29th of next month, I shall sell at the gate of the church, the House and lot of Mr. Jean Baptist Hubardeau, which is taken in execution, payable in peltry, good silver, bills of exchange, or in good slaves, in the month of May coming.

"Kaskaskia, Dec. 19th, 1772."

"At the expiration of which time, the aforesaid house was, agreeable to law, justice, and equity, exposed to sale, first at the church gate, and afterwards at different parts of the village, to prevent as much as possible, any persons pleading ignorance of the sale thereof. Now, know ye, in discharge of the duty of my office and the trust reposed, after having kept up the said house and lot from the hours of ten to two at the sum of 3200 livres , and no person bidding higher, or likely so to do, that the same was struck off to James Remsey, inhabitant of Kaskaskia, who, by these presents, is invested with full right and title thereto, to have and to hold the said messuage and tenements, and all and singular of the premises above mentioned and every part and parcel thereof, with the appurtenances unto the said James Remsey, his heirs and assigns forever: and I, the said Andrew Hoy, Provost, from myself my heirs, the said messuage and tenement and premises and every part thereof against him and his heirs, and against all and every other person and persons whatever, to the said James Remsey, his heirs and assigns shall and will warrant and forever defend by these presents. In witness whereof I have hereunto set my hand and seal.

"Fort Gage, 29th Dec., 1772.

"Signed, sealed, and delivered in presence of

"By virtue of the power and authority in me invested, I do hereby grant unto Mr. James Remsey, late Lieut. of his Majesty's 34th Regiment, a certain tract of land containing – acres in part from the river Kaskaskia to the Mississippi, once the property of one La Bacchou, whereon formerly did stand a water mill, the remains of which are now to be seen. The whole being agreeable to his Majesty's proclamation, confiscated to the King, and is hereby given to said James Remsey, in consideration of His Excellency Gen. Gage's recommendation and for the speedy settlement of his majesty's colony, as likewise the frame of a house with a lot of land thereunto appertaining, opposite the Jesuit's College in the village of Kaskaskia.

"Given under my hand, at Fort Chartres, Nov. 12th, 1767.

This grant of land where the old mill stood, is now the site of a speculative city called " Decoigne ," and is about five miles from Kaskaskia on the road to St. Louis. – Flagg.

Flagg's description agrees in the main with that given by Philip Pittman (see ante , p. 77, note 53), save that the latter is more detailed. Judging from the phraseology, Flagg must have read Pittman's description. – Ed.

Relative to Fort Chartres, see ante , p. 75, note 50. – Ed.

Hall. – Flagg.

Comment by Ed. Flagg's authority is James Hall, Sketches of History, Life, and Manners in the West (Philadelphia, 1835).

Owing to the encroachments by the Mississippi, Fort Chartres was abandoned in 1772, and was never again used as a garrison. The legend given by Flagg is somewhat exaggerated. The French settlements adjacent to Kaskaskia readily accepted the situation on being invited by Clark's representatives, who were accompanied by Kaskaskians as friendly interpreters.

Hall. – Flagg.

Comment by Ed. Compare with R. G. Thwaites, How George Rogers Clark won the Northwest , pp. 52-62.