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The Illinois-Wabash Company, formally known as the United Illinois and Wabash Land Company, was a company formed in {{start date and age, 1779, p=y from the merger of the Illinois Company and the Wabash Company. The two companies had been established in order to purchase land from Native Americans in the
Illinois Country The Illinois Country (french: Pays des Illinois ; , i.e. the Illinois people)—sometimes referred to as Upper Louisiana (french: Haute-Louisiane ; es, Alta Luisiana)—was a vast region of New France claimed in the 1600s in what is n ...
, a region of North America acquired by
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in 1763. The Illinois Company purchased two large tracts of land in 1773; the Wabash Company purchased two additional tracts in 1775. Because the
Royal Proclamation of 1763 The Royal Proclamation of 1763 was issued by King George III on 7 October 1763. It followed the Treaty of Paris (1763), which formally ended the Seven Years' War and transferred French territory in North America to Great Britain. The Procla ...
forbade private purchase of Native American lands, Great Britain refused to recognize these transactions. Following the outbreak of the
American Revolutionary War The American Revolutionary War (April 19, 1775 – September 3, 1783), also known as the Revolutionary War or American War of Independence, was a major war of the American Revolution. Widely considered as the war that secured the independence of t ...
, officials of the merged Illinois-Wabash Company appealed to both
Virginia Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth ar ...
(which claimed the Illinois Country) and to the
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to recognize their land purchases, but were unsuccessful. After the United States bought the land in question from Native Americans and resold it, the matter eventually went to the Supreme Court of the United States. In '' Johnson v. M'Intosh'' (1823), the Court ruled that the U.S. government, following earlier British precedent, would not recognize private purchases of native lands, and that Illinois-Wabash Company's purchases were therefore invalid.


Land purchases and British denial of title

In the middle of the 18th century, merchants and land speculators in the
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were looking to expand beyond the
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into the interior of North America. Companies such as the Ohio Company of Virginia had been formed for this purpose, but rivalry between the British and the French for access to the region led to the outbreak of the
French and Indian War The French and Indian War (1754–1763) was a theater of the Seven Years' War, which pitted the North American colonies of the British Empire against those of the French, each side being supported by various Native American tribes. At the ...
(1754–1763), interrupting the activities of the companies. After the British victory in the war, the Crown issued the
Royal Proclamation of 1763 The Royal Proclamation of 1763 was issued by King George III on 7 October 1763. It followed the Treaty of Paris (1763), which formally ended the Seven Years' War and transferred French territory in North America to Great Britain. The Procla ...
, which sought to organize and stabilize the vast new territory won from France. In order to prevent the conditions which had produced the war and its sequel,
Pontiac's Rebellion Pontiac's War (also known as Pontiac's Conspiracy or Pontiac's Rebellion) was launched in 1763 by a loose confederation of Native Americans dissatisfied with British rule in the Great Lakes region following the French and Indian War (1754–176 ...
(1763–1766), the British government forbade private individuals or companies from purchasing land from American Indians. Thereafter, only royal officials would be permitted to conduct treaties in order to buy Native American lands. In 1768, a group of prominent merchants from
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began doing business in the
Illinois Country The Illinois Country (french: Pays des Illinois ; , i.e. the Illinois people)—sometimes referred to as Upper Louisiana (french: Haute-Louisiane ; es, Alta Luisiana)—was a vast region of New France claimed in the 1600s in what is n ...
, selling provisions to American Indians and British troops. In 1773, William Murray, the merchants' agent in Illinois, learned of a British legal opinion known as the Camden-Yorke Opinion. This opinion made quite an impact in North America because it was interpreted by some to suggest that private purchases of land from American Indians would now be recognized by the British Crown. With this in mind, Murray and his Philadelphia employers organized the Illinois Company and, on 5 July 1773, purchased two tracts of land from the
Kaskaskia The Kaskaskia were one of the indigenous peoples of the Northeastern Woodlands. They were one of about a dozen cognate tribes that made up the Illiniwek Confederation, also called the Illinois Confederation. Their longstanding homeland was in ...
, Peoria, and
Cahokia The Cahokia Mounds State Historic Site ( 11 MS 2) is the site of a pre-Columbian Native American city (which existed 1050–1350 CE) directly across the Mississippi River from modern St. Louis, Missouri. This historic park lies in south- ...
tribes. British officials refused to recognize the legality of the Illinois Company's purchase–the interpretation of Camden-Yorke circulating in America had been misleading. In April 1774, Murray turned to his kinsman,
Lord Dunmore Earl of Dunmore is a title in the Peerage of Scotland. History The title was created in 1686 for Lord Charles Murray, second son of John Murray, 1st Marquess of Atholl. He was made Lord Murray of Blair, Moulin and Tillimet (or Tullimet) and V ...
, the Royal Governor of Virginia. Dunmore agreed to lend support to the company's purchases in exchange for a piece of the action. Murray then formed the Wabash Company with Lord Dunmore as a member. On October 18, 1775, an agent for the Wabash Company purchased two tracts of land along the
Wabash River The Wabash River (French: Ouabache) is a U.S. Geological Survey. National Hydrography Dataset high-resolution flowline dataThe National Map accessed May 13, 2011 river that drains most of the state of Indiana in the United States. It flows from ...
from the
Piankeshaw The Piankeshaw, Piankashaw or Pianguichia were members of the Miami tribe who lived apart from the rest of the Miami nation, therefore they were known as Peeyankihšiaki ("splitting off" from the others, Sing.: ''Peeyankihšia'' - "Piankeshaw Per ...
tribe called the 'Piankeshaw Deed'. Soon after the outbreak of the
American Revolutionary War The American Revolutionary War (April 19, 1775 – September 3, 1783), also known as the Revolutionary War or American War of Independence, was a major war of the American Revolution. Widely considered as the war that secured the independence of t ...
, however, Dunmore was forced to flee Virginia, and the companies were compelled to turn to new officials for recognition of its purchases.


Merger and American denial of title

During the war the British had sparsely garrisoned the Illinois Country, which was far away from the main area of action. In July 1778, Colonel George Rogers Clark and a small force took possession of the region on behalf of Virginia, which, by virtue of its colonial charter, had a claim to the entire Illinois Country. In December of that year, Murray presented a memorial to the Virginia legislature, informing them of the land claims of the Illinois and Wabash companies. In order to consolidate their lobbying efforts, the two companies merged on March 13, 1779, becoming the United Illinois and Wabash Land Company. The cause of the company was promoted by influential Americans such as
James Wilson James Wilson may refer to: Politicians and government officials Canada *James Wilson (Upper Canada politician) (1770–1847), English-born farmer and political figure in Upper Canada * James Crocket Wilson (1841–1899), Canadian MP from Quebe ...
and Robert Morris, who had become investors. Other notable members included
Silas Deane Silas Deane (September 23, 1789) was an American merchant, politician, and diplomat, and a supporter of American independence. Deane served as a delegate to the Continental Congress, where he signed the Continental Association, and then became the ...
,
Samuel Chase Samuel Chase (April 17, 1741 – June 19, 1811) was a Founding Father of the United States, a signatory to the Continental Association and United States Declaration of Independence as a representative of Maryland, and an Associate Justice of t ...
, and Maryland governor Thomas Johnson. Despite these political connections, Virginia declined to recognize the Illinois-Wabash purchases and instead created the "County of Illinois" in November 1779. Thus rejected, the company turned its efforts to lobbying the new national government of the United States. This issue became part of a wider debate in Congress about the western boundaries of states, with the states without western lands demanding that Virginia and other states with large land claims cede these lands to the national government. Virginia ceded her western land claims to the United States in 1784. Despite repeated appeals by the Illinois-Wabash Company, which were regularly renewed into the early 19th century, the U.S. government declined to recognize their land claims. The company faded away. The United States eventually bought the lands in question from Native Americans in treaties conducted by
William Henry Harrison William Henry Harrison (February 9, 1773April 4, 1841) was an American military officer and politician who served as the ninth president of the United States. Harrison died just 31 days after his inauguration in 1841, and had the shortest pres ...
. After the
War of 1812 The War of 1812 (18 June 1812 – 17 February 1815) was fought by the United States, United States of America and its Indigenous peoples of the Americas, indigenous allies against the United Kingdom of Great Britain and Ireland, United Kingdom ...
, the United States began to issue land patents to settlers. In 1820, the executor of the estate of an investor in the Illinois-Wabash Company filed suit against William McIntosh, one of the largest of the new landowners. The lawsuit claimed that McIntosh had bought land rightfully owned by the Illinois-Wabash Company, based on the earlier purchase from the Indians. In 1823, the issue made its way to the
U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
in '' Johnson v. M'Intosh''. The Court decided in favor of McIntosh, ruling that private purchases of native lands were not valid. The decision brought to an end the story of the Illinois-Wabash Company.


References

*Abernethy, Thomas Perkins. ''Western Lands and the American Revolution''. Originally published 1937. New York: Russell & Russell, 1959. *Fish, Sidney M. "The Illinois and Wabash Claim" in ''Barnard and Michael Gratz: Their Lives and Times.'' Lanham, MD: University Press of America, 1984. 155–78. *Kades, Eric
"History and Interpretation of the Great Case of Johnson v. M'Intosh"
''Law and History Review'', Spring 2001. *Sosin, Jack M. ''The Revolutionary Frontier, 1763–1783''. New York: Holt, 1967. Early American land companies History of the Midwestern United States Pre-statehood history of Illinois Pre-statehood history of Indiana 1773 establishments in the Thirteen Colonies 1775 establishments in the Thirteen Colonies 1779 establishments in the United States American companies established in 1779 Aboriginal title in the United States