Wilcox v. Jackson | |
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Argued February 27–28, March 2, 4–6, 1839 Decided March 9, 1839 | |
Full case name | De La Fayette Wilcox v. John Jackson |
Citations | 38 U.S. 498 ( more ) |
Court membership | |
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Case opinion | |
Majority | Barbour, joined by unanimous |
Wilcox v. Jackson, 38 U.S. (13 Pet.) 498 (1839), sometimes nicknamed the "Beaubien Land Case" [1] was a legal action decided by the United States Supreme Court concerning the land under Fort Dearborn shortly after incorporation of Chicago as a town in Cook County, Illinois. [2]
The U.S. Army built Fort Dearborn near the confluence of the Chicago River and Lake Michigan in 1804, pursuant to a land concession by Native Americans in the Treaty of Greenville in 1795, as modified in the 1803 Treaty of Fort Wayne. Farmers and traders also settled upon and improved land near the fort, which served as refuge during various conflicts. Hostilities with Native Americans escalated after the 1809 Treaty of Fort Wayne, and the fort was destroyed shortly after the beginning of the War of 1812, which led to an evacuation order that resulted in the Fort Dearborn massacre of August 15, 1812.
The U.S. Army rebuilt Fort Dearborn in 1816, but only periodically occupied it. However, even without the military presence, the U.S. government stationed a factor and Indian Agent at or adjacent to the Fort for trading with nearby Native American peoples, as well as to pay annuities under those and other treaties, including 1816 Treaty of St. Louis and the 1821 Treaty of Chicago. Trader Jean Baptiste Beaubien, who had bought a shack and farm next to the fort in 1812, then returned to the area, built a home and trading post in 1816, and in 1822 bought the nearby factor house after it was closed following the previous year's treaty. Meanwhile, the settlement grew. A town was platted in 1829 as part of the construction of the Illinois and Michigan Canal (designed to link Lake Michigan with the Mississippi River via its tributary the Illinois River), and a real estate boom ensued. The state legislature chartered the Town of Chicago following a census in 1833 which showed 500 residents, among them Beaubien and his relatives.
Meanwhile, on May 29, 1830, the U.S. Congress passed a temporary act (later revived by an act in 1832 [3] and the act of June 19, 1834) granting a right of pre-emption to those who cultivated and were in actual possession of public lands, so settlers who had improved and occupied public lands the right to buy them from the government. [4] Robert McKinzie, the son of recently deceased trader John Kinzie managed to get such a land patent for his land his father had occupied (and where he had lived) on the west side of the Chicago River. Beaubien twice sought a similar patent for his land on the east side of the Chicago River, but two different land agents (first in Palestine, Illinois and later in Danville, Illinois) issued formal letters of rejection. Meanwhile, local Native Americans agreed to relocate across the Mississippi River in the 1833 Treaty of Chicago, so many expected the fort's permanent closure.
In 1835, upon hearing about further land sales except to the extent settlers already lived and improved on the tracts, Beaubien tried again to patent his homestead, this time at the new Chicago land office. He paid $94.61 and tendered documents claiming 75.69 acres, and seemed to succeed. He received a certificate from the registrar (who had consulted with the local U.S. attorney), which he conveyed (sold) to attorney Murray McConnell, who had established a law office downstate in Morgan County, Illinois and who for a time was a state legislator. [5] McConnell leased the lakefront land to John Jackson, but the U.S. Army again occupied the fort, so Major Lafayette Wilcox was living on part of the tract. Jackson (with McConnell as his lawyer) pursued an action in ejectment against Wilcox.
Future Illinois governor Thomas Ford was the initial judge, who pointed out that the United States General Land Office had failed to act and complete the paperwork by issuing a land patent in exchange for the tendered registration certificate, and so invalidated Beaubien's claim as incomplete. When Beaubien appealed, the Illinois Supreme Court (in an opinion drafted by his friend Theophilus W. Smith) found his claim valid on the grounds that the Illinois legislature had never authorized the military reservation. [6] Thus, the trial court found for the commander, but the Supreme Court of Illinois found for the lessee.
In reversing, the Court ruled that the original settler of the property did not acquire title because it was reserved from sale by the president under the authority of the 1830 act. Also, no land patent was given and only such a patent would convey perfect title enforceable against the government. The register's certificate was not evidence of title.
Following the Supreme Court decision, the U.S. District Court ordered Beaubien's payment returned, but the military realized the fort unnecessary since Native Americans had left the area. Therefore, the United States General Land Office proceeded to ready the property for subdivision and public auction as the "Fort Dearborn Addition to Chicago" (reserving only space for a lighthouse and quarters for the harbormaster). The subsequent sale of 233 lots raised $106,042.16 for the federal government, despite the decline of real estate prices after the Panic of 1837. [7] Beaubien had pleaded with fellow Chicagoans not to bid on the six lots which contained his home seventeen-plus years earlier, as well as garden and outbuildings (many previously legitimately from the government during the fort's downsizing). Nonetheless, attorney James H. Collins, who had assisted the government's case against Beaubien's claim, bought five of the six lots for about $1000, and Beaubien could only purchase one of them, for $225. Either Beaubien then sold his lot when he couldn't buy the rest of his homestead, or Collins actually evicted Beaubien from his Michigan Avenue home in 1839. [8] [9] [10] However, Collins was later less successful in his lawsuit against the Illinois Central Railroad for encroaching on his lakefront property, and when the federal government formally abandoned the lighthouse and harbor area in 1854, Beaubien's friend, Congressman John Wentworth secured special legislation allowing Beaubien to patent those nine lots. [11] [12]
Jean Baptiste Point du Sable is regarded as the first permanent non-Native settler of what would later become Chicago, Illinois, and is recognized as the city's founder. The site where he settled near the mouth of the Chicago River around the 1780s is memorialized as a National Historic Landmark, now located in Pioneer Court.
The Battle of Fort Dearborn was an engagement between United States troops and Potawatomi Native Americans that occurred on August 15, 1812, near Fort Dearborn in what is now Chicago, Illinois. The battle, which occurred during the War of 1812, followed the evacuation of the fort as ordered by the commander of the United States Army of the Northwest, William Hull. The battle lasted about 15 minutes and resulted in a complete victory for the Native Americans. After the battle, Fort Dearborn was burned down. Some of the soldiers and settlers who had been taken captive were later ransomed.
Fort Dearborn was a United States fort, first built in 1803 beside the Chicago River, in what is now Chicago, Illinois. It was constructed by U.S. troops under Captain John Whistler and named in honor of Henry Dearborn, then United States Secretary of War. The original fort was destroyed following the Battle of Fort Dearborn during the War of 1812, and a replacement Fort Dearborn was constructed on the same site in 1816 and decommissioned by 1837.
The Chicago River is a system of rivers and canals with a combined length of 156 miles (251 km) that runs through the city of Chicago, including its center. Though not especially long, the river is notable because it is one of the reasons for Chicago's geographic importance: the related Chicago Portage is a link between the Great Lakes and the Mississippi River Basin, and ultimately the Gulf of Mexico.
John Kinzie was a fur trader from Quebec who first operated in Detroit and what became the Northwest Territory of the United States. A partner of William Burnett from Canada, about 1802-1803 Kinzie moved with his wife and child to Chicago, where they were among the first permanent white non-indigenous settlers. Kinzie Street (400N) in Chicago is named for him. Their daughter Ellen Marion Kinzie, born in 1805, was not the first child of European descent born in the settlement. That title goes to Eulalia Pelletier, the granddaughter of Chicago's first permanent non-indigenous settler, Jean Baptiste Pointe DuSable.
The Northwest Territory, also known as the Old Northwest and formally known as the Territory Northwest of the River Ohio, was formed from unorganized western territory of the United States after the American Revolution. Established in 1787 by the Congress of the Confederation through the Northwest Ordinance, it was the nation's first post-colonial organized incorporated territory.
John Harris Kinzie was a prominent figure in Chicago politics during the 19th century. He served as the president of the Board of Trustees of Chicago when it was still a town and thrice unsuccessfully ran for Chicago's mayoralty once it was incorporated as a city.
Billy Caldwell, known also as Sauganash, a variant spelling of Zhagnash meaning British in the Potawatomi language, was a Métis fur trader who was commissioned captain in the Indian Department of Canada during the War of 1812, and fought alongside Tecumseh at the Battle of Frenchtownand likely all the subsequent battles until their defeat at the Battle of the Thames. In 1829 and 1833, he negotiated treaties on behalf of the United Nations of Chippewa, Ottawa and Potawatomi with the United States, as a leader of a Potawatomi and led his band to Trader's Point, Iowa Territory, modern day Council Bluffs. He had worked to gain the boundary long promised by the British between white settlers and Indians, but never achieved it and instead acquiesced to American purchase and Indian removal, leading his followers personally across the Mississippi, as evidenced by his signing of the 2nd Treaty of Prairie du Chien and his inclusion on the Removal Muster Rolls of 1837.
Juliette Augusta Magill Kinzie was an American historian, writer and pioneer of the American Midwest.
Sidney Breese, a lawyer, soldier, author and jurist born in New York, became an early Illinois pioneer and represented the state in the United States Senate as well as served as Chief Justice of the Illinois Supreme Court and Speaker of the Illinois House of Representatives, and has been called "father of the Illinois Central Railroad".
Sauganash Hotel is a former hotel; regarded as the first hotel in Chicago, Illinois. Built in 1831, it was located at Wolf Point in the present day Loop community area at the intersection of the north, south and main branches of the Chicago River. The location at West Lake Street and North Wacker Drive was designated a Chicago Landmark on November 6, 2002. The hotel changed proprietors often in its twenty-year existence and briefly served as Chicago's first theater. It was named after Sauganash, an interpreter in the British Indian Department.
Black Partridge or Black Pheasant was a 19th-century Peoria Lake Potawatomi chieftain. Although a participant in the Northwest Indian War and the War of 1812, he was a friend to early American settlers and an advocate for peaceful relations with the United States. He and his brother Waubonsie both attempted to protect settlers during the Battle of Fort Dearborn after they were unsuccessful in preventing the attack.
Samuel Drake Lockwood was an Illinois lawyer and politician who served as the state's Attorney General, Secretary of State, Justice of the Illinois Supreme Court and the state's trustee on the board of the Illinois Central Railroad.
Antoine Ouilmette was a fur trader and early resident of what is now Chicago, Illinois. He was of French Canadian and possibly Native American ancestry. The village of Wilmette, Illinois is named in his honor.
Ensign George Ronan was a commissioned officer of the United States Army. Educated at West Point and commissioned as an officer in the 1st Infantry Regiment in 1811, he was assigned to duty at Fort Dearborn, a frontier post at the mouth of the Chicago River. Just over one year later Ronan was killed in combat in the Battle of Fort Dearborn. He was the first member of the West Point Corps of Cadets to perish in battle.
Jean Baptiste Beaubien, a multi-lingual fur-trader born in Detroit, Michigan, became an early resident of what became Chicago, Illinois, as well as an early civic and militia leader in Cook County, Illinois during the Black Hawk War, before moving to Du Page County, Illinois in his final years.
Alexander Robinson, was a British-Ottawa chief born on Mackinac Island who became a fur trader and ultimately settled near what later became Chicago. Multilingual in Odawa, Potawatomi, Ojibwa, English and French, Robinson also helped evacuate survivors of the Fort Dearborn Massacre in 1812. In 1816, Robinson was a translator for native peoples during the Treaty of St. Louis. He became a Potawatomi chief in 1829 and in that year and in 1833, he and fellow Metis Billy Caldwell negotiated treaties on behalf of the United Nations of Ottawa, Chippewa, and Potawatomi with the United States. Although Robinson helped lead Native Americans across the Mississippi River in 1835, unlike Caldwell, Robinson returned to the Chicago area by 1840 and lived as a respected citizen in western Cook County until his death decades later.
James Thompson was an American surveyor who created the first plat of Chicago. Born in South Carolina, Thompson moved to Kaskaskia in southern Illinois as a young man and lived in the area for the rest of his life, working primarily as a surveyor. He was hired to plat settlements at the ends of the proposed Illinois and Michigan Canal in northern Illinois; he completed the plat of Chicago, the settlement at the eastern end, on August 4, 1830. After completing his survey of Chicago he returned to the Kaskaskia area and declined an offer of land in Chicago in favor of a cash payment. In addition to his surveying work, he served in various positions such as probate judge, county commissioner, and officer in the Illinois militia during the Black Hawk War.
Thomas Jefferson Vance Owen was an American settler who was the first president of the Board of Trustees of the Town of Chicago.
The 1833 Treaty of Chicago was an agreement between the United States government and the Chippewa, Odawa, and Potawatomi tribes. It required them to cede to the United States government their 5,000,000 acres (2,000,000 ha) of land in Illinois, the Wisconsin Territory, and the Michigan Territory and to move west of the Mississippi River. In return, the tribes were given promises of various cash payments and tracts of land west of the Mississippi River. The treaty was one of the removal treaties to come after the passage of the Indian Removal Act. It was the second treaty referred to as the "Treaty of Chicago," after the 1821 Treaty of Chicago.