Descendants of Joseph Bailly

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  • ID: I1
  • Name: Joseph Bailly
  • Given Name: Joseph
  • Surname: Bailly
  • Sex: M
  • _UID: B01075D2E66F4CD58F38532DA68C9D8518D0
  • Change Date: 26 AUG 2014
  • Note:
    Joseph Bailly's full name was Honore Gratien Joseph Bailly de Messein. H is birthplace of Vercheres originated with a land grant to his great-gr eat grandfather Francois Xavier Jarret, Sieur de Vercheres in 1672. Th e village is twenty miles down the St Lawrence River from Montreal, on t he opposite bank.
    He was a sixth generation French-Canadian, descending from Jehan Terria ult and Perrine Brault, who were original colonists in Acadie in 1637. B ailly's great-grandfather Nicholas Antoine Coulon, Seiur de Villiers wa s a trader and Army officer who was killed by Fox Indians on the shore o f Green Bay, Wisconsin in 1733. His uncle, Father Charles-Francois Bai lly de Messein spent more than twenty years as a missionary to the Micm ac Indians of Nova Scotia, and was appointed coadjutor Bishop of Quebec i n 1788.
    1
  • Christening: 1774 St. Anne de Varennes, Vercheres, Quebec (Lower Canada)
  • Birth: 7 APR 1774 in Vercheres, Quebec, (Lower Canada) 2 1
  • Occupation: fur trader FROM 1793 TO 1810 Chig-au-mish-kene village on Grand River, Michigan 3 4 5
  • Occupation: principal winter residence from 1793 to 1810 FROM 1793 TO 1815 Foot of the Maple River Rapids, Lebanon Township, Clinton County, Michigan 6
  • Occupation: fur trader FROM 1793 TO 1822 Lake Muskego, Muskegon River, Michigan 7 8
  • Event: Dominique Rousseau and Joseph Bailly, Plaintiffs vs Duncan Mc Gillivray, Defendant Sued 7 OCT 1802 Montreal, Ile de Quebec, Canada
  • ADDR: Court of King's Bench, Register of Common Pleas, Superior Term 1803-1805 9 10 11
  • Event: Dominique Rousseau and Joseph Bailly, Plaintiffs vs Duncan Mc Gillivray, Defendant Verdict 5 APR 1804 Montreal, Ile De Montreal, Quebec, Canada
  • ADDR: Court of King's Bench, Register of Common Pleas, Superior Term 1803-1805 12
  • Occupation: fur trader FROM 1807 TO 1815 Parc au Vaches village on St Joseph River, Michigan 13
  • Occupation: fur trader FROM 1807 TO 1828 Calumet River, Indiana 14
  • Occupation: fur trader FROM 1807 TO 1828 Kankakee River, Illinois 15
  • Event: 1,649 ft Buys Land 21 JUN 1811 Mackinac Island, Mackinac Co, Michigan 16
  • Event: 21,450 square feet with 84 ft of frontage on Market St Buys Land 13 JUN 1812 Mackinac Island, Mackinac Co, Michigan 17
  • Event: Lieutenant - Michigan Fencibles, a regiment of Canadian militia Military FROM JAN 1813 TO JAN 1815 On Grand River, Mackinac and Drummond Islands 18
  • Residence: FROM JUL 1815 TO APR 1817 Drummond Island, Canada (now Chippewa Co, Michigan)
  • Residence: FROM APR 1817 TO 1822 Mackinac Island, Michigan Territory
  • Census: 1820 Jefferson Co, Indiana 19
  • Census: 1820 Michilimackinack Co, Michigan 20
  • Census: 1822 American Fur Company 21
  • Event: Claims Land 1822 in Jefferson Co, Indiana 22 2 23 24 25 26
  • Occupation: License to trade with the Indians 1824 OR 1828 Kankakee River and Lake Michigan 27 28
  • Census: 1830 St. Joseph Co, Indiana 29 1
  • Event: US - Indian Treaty 20 OCT 1832 Camp Tippecanoe, Indiana 30
  • Event: US - Indian Treaty 26 SEP 1833 Chicago, Cook Co, Illinois 31
  • Burial: DEC 1835 Bailly Cemetery, Indiana Dunes National Lakeshore, Porter Co, Indiana 32 33
  • Death: 21 DEC 1835 in Baillytown, Porter Co, Indiana 34 35
  • Event: Directory City of Chicago. 1896. Obituary 21 DEC 1835 Chicago, Cook Co, Illinois 36
  • Event: various parcels near the mouth of the Calumet River Buys Land 1837 Porter Co, Indiana 37
  • Event: Joseph Bailly, Dunes Settler By Martha Miller Biography 1987 Michigan City, Indiana 38
  • Event: Prisoner of the United States Army prisoner of war from early Jan 1814 to 15 Mar 1814 Parc Aux Vaches and Detroit, Michigan 39 40 41 42



    Marriage 1 Angelique McGulpin b: ABT 1780 in Chig-au-mish-kene village on Grand River, Michigan, Upper Canada
    • Married: 1794 in Maketoquit's village, foot of Maple River rapids, Michigan
    • Divorced: ABT 1807
    Children
    1. Has Children Francis Bailey b: ABT 1795 in Bailly Trading Post, on Maple River at the foot of the Rapids, now Clinton County, Michigan
    2. Has Children Alexis C. Bailly b: 14 DEC 1798 in Littlefort, Grand Haven, Northwest Territory
    3. Has Children Sophia Hortense Bailly b: MAR 1807 in Michigan c: 9 AUG 1821 in St. Ignace Mission, Mackinac Co, Michigan Territory

    Marriage 2 Marie Lefever de La Vigne b: 1783 in Ma-con, Riviere Aux Raisins, Michigan, Upper Canada c: AFT 1788 in St Antoine's Catholic Mission, Riviere au Raisin, Michigan, Upper Canada
    • Married: 1810 in Michilimackinac, Northwest Territory 43
    Children
    1. Has Children Agatha Lavigne b: 1797 in Michilimackinac, Northwest Territory c: 5 NOV 1825 in St Anne's, Mackinac Island, Mackinac Co, Michigan
    2. Has Children Mary Therese Lavigne b: 13 OCT 1808 in Michilimackinac, Northwest Territory c: 12 JUL 1829 in Chicago, Cook Co, Illinois
    3. Has Children Esther Mary Bailly b: 27 JUL 1811 in Michilimackinac, Michigan Territory
    4. Has Children Rosene Marie Victoire Bailly b: 25 FEB 1813 in Michilimackinac, Michigan Territory
    5. Has No Children Eleanor Cecilia Kinzie Bailly b: 2 JUN 1815 in Michilimackinac, Michigan Territory c: in Roman Catholic Church
    6. Has No Children Napoleon B. Bailly b: APR 1816 in Drummond Island, Canada (now Chippewa Co, Michigan)
    7. Has Children Josephine Hortense Bailly b: ABT 1819 in Michilimackinac, Michigan Territory

    Sources:
    1. Abbrev: From A Bailly Point of View, An introduction to the first pioneer family of nor
      Title: Olga Mae Schiemann, From A Bailly Point of View, An introduction to the f irst pioneer family of northwestern Indiana Chicago, Illinois, 1952. Is sued as a Duneland Historical Society Publication, August 1955.
      Repository:

        Page: Descendant chart for Joseph Bailly
      • Abbrev: The Story Of A French Homestead In The Old Northwest
        Title: Howe, Frances Rose 1851-1817, The Story Of A French Homestead In The O ld Northwest James Dowd Publishers - Bowie, Maryland 1907 / repub. Heri tage Books 1999
        Note:
        contains geneological charts back to Michel Bailly de Messein of Quebec
        Repository:
        • Abbrev: Ionia County Historical Society, Ionia, Michigan
          Title: the Society, Ionia County Historical Society, Ionia, Michigan http://ww w.mrwcreative.com/historical/pages/first.html
          Text: European names that appear in the early history of the area include Jos eph Bailly, who lived with the Ojibway in their village of Chig-au-mish -kene near what is now the village of Muir. Bailly married Bead-Way-Wa y, the daughter of a local chief Black Cloud, around 1800. He apparent ly raised a family among the natives - though no record of his descenda nts survives today.

          Some other traders known to ply their trade in Ionia in these days were S amuel Lasley, Matthew McGulpin, Isidore Nantais, Joseph Pyatt, Francis F raro, Matar Paice, and Francis Bailly
          Repository:
          • Abbrev: The Bailly Trading Post
            Title: A.L. Spooner, The Bailly Trading Post http://ncha.neats.net/data/The_Ba illy_Trading_Post/
            Text: His first trading post was thought to be at the junction of the Grand a nd Maple Rivers, as early as 1793. There he married Angelique McGulpin . He established posts on the Muskegon, Kankakee, Wabash, Illinois and S t. Joseph Rivers after moving from the Grand River location in about 18 10. The St. Joseph River post was at Parc au Vaches. From 1802 to 180 5 Bailly did as much as a half a million dollars a year in business. H e appeared to have been associated with trader Alexander Robinson and a lso was a partner in a ship with a Mr. Newberry of Detroit.
            Repository:
            • Abbrev: Michigan Voyageurs from the Notary Book of Samuel Abbott, Mackinac Island, 1807
              Title: Samuel Abbott, Justice of the Peace, Michigan Voyageurs from the Notary B ook of Samuel Abbott, Mackinac Island, 1807-1817 http://www3.sympatico. ca/sneakers/abbottlist.htm
              Text: The following list was transcribed with permission from the original ma nuscript - Mackinac Notary Book 1806-1818:
              Repository:

                Text: July 10, 1807 - Voyageur: Joromie Cloiman - Works for: Joseph Bailly - W intered at: Grand River
                July 11, 1807 - Voyageur: Joseph Biviret - Works for: Joseph Bailly - W intered at: Grand River
                July 11, 1807 - Voyageur: H. Louis Corbier - Works for: Joseph Bailly - W intered at: Grand River
                August 6, 1807 - Voyageur: Charles Peticlair - Works for: Joseph Bailly - W intered at: Grand River
                August 7, 1807 - Voyageur: Joseph Dupree - Works for: Joseph Bailly - W intered at: Grand River
                August 19, 1807 - Voyageur: Alex. Robinson - Works for: Joseph Bailly - W intered at: Grand River
                August 19, 1807 - Pierre Benerau - Works for: Joseph Bailly - Wintered a t: Grand River
                August 19, 1807 - J.B. Baubien - Works for: Joseph Bailly - Wintered at : Grand River
              • Abbrev: From a Bailly Point of View - An Introduction to the First Pioneer Family of No
                Title: Olga Mae Schlemann, From a Bailly Point of View - An Introduction to th e First Pioneer Family of Norhwestern Indiana Duneland Historical Socie ty, 1955
                Repository:

                  Text: - Joseph Bailly, on completion of his education in Canada, at the age o f eighteen - three years before the death of his father, began his very s uccessful fur trading career at Mackinac in 1792. Edward Bailly, his g reat-grandson, mentions that his books were opened in 1796, and that is t he earliest date shown in his books at the Indiana State Library. This w as the year the U.S. officially took possession of Mackinac but British f ur commerce continued in the forest.

                  - Random notes show that in July, 1800, Joseph bailly wrote Pothier fr om the other end of the Crooked Tree *transcriber's note: Crooked Tree w as later Cross Village, Emmet Co, Michigan* In November, he wrote from D etroit, again to Pothier regarding his four winter quarters, Markegon * tn: Lake Muskego* Kickambozoo *tn: Kalamazoo*, St Joseph and Grand Rive r
                • Abbrev: Muskegon River Trading Posts
                  Title: A.L. Spooner, Muskegon River Trading Posts http://ncha.neats.net/data/t he_Muskegon_River/
                  Text: Joseph Bailly had a trading post on the Muskegon River, possibly as ear ly as 1793 and certainly in 1802.
                  Repository:
                  • Abbrev: Re: Nishnawbe Roll call : Lamarandier
                    Title: From: R D Winthrop e-mail: rdwinthrop@a1access.net
                    From: R D Winthrop rwinthrop@laaccess.net, Re: Nishnawbe Roll call : L amarandier NISHNAWBE-L@rootsweb.com
                    Text: The Lamorandiers who traded in west Michigan were associated with
                    Joseph Bailly, another French trader with Indian wives (Bailly would
                    have a grandson and a g-grandson killed in Co. K ~ Graveraets, the
                    elder married to Bailly's daughter Sophie). Here's what I've been
                    able to extract -- let me know if you want the sources.

                    [1690] Etienne Roebert, Sieur de LaMORANDIER [1668-1737], son of
                    Abil Roebert and Marie Pothier, came to Canada in 1790. Son, Etienne
                    Roebert [1701-1760], born in Montreal, married Marguerite (dghtr of
                    Louis DePuygebault and Marguerite Gaultier de Varennes) in 1730. One
                    of their sons, Etienne-Francois, became a Baron; another, Francois
                    Abel Etiene, Sieur de LaMorandier [1735-1783] born at St. Anne De
                    Varennes, fought against Pontiac as Detroit, and in 1766 married
                    Louise-Charlotte (dghtr of Francois Augustin BAILLY, Sieur de Messein
                    and Marie Josephte Des Goutins), an aunt of Joseph BAILLY, who was
                    also born at St. Anne De Varennes.

                    Assuming that this is the same LaMORANDIER family, it would trace back
                    in Canada to DR. Robert Gifford [1587-16xx] who arrived in Quebec in
                    1634 and also included Capt. Necolas DeVillieres who was in command of
                    Fort St. Joseph (near Niles) who defeated the Fox in 1730; he also
                    commanded post at Green Bay in 1733 and was killed there by Sauks.

                    It is likely that Etienne LaMORANDIER handled BAILLY's post on the
                    Muskegon; his name appears on BAILLY ledger sheets of 6 Aug 1803 and 2
                    Aug 1804. BAILLY had traded on the Grand as early as 1793 and his
                    papers suggest activity on the Muskegon, an important route between
                    the north central Lower Peninsula and the Odawa winter hunting /
                    spring gathering grounds of lower Lake Michigan.

                    Gordan S. Hubbard and Jacques Defrain wintered in 1819 in an abandoned
                    post on Muskegon Lake which likely was the BAILLY / LaMORANDIER site.

                    During the 1812 War, both BAILLY and LaMORANDIER were seized by Jean
                    Baptiste Chadronet and Isaac Burnet and interred at Detroit as spies
                    for several months. Chadronet (and J Kinzie) had been in the British
                    Indian Department at Sandwich before switching allegiances and had
                    themselves been seized and held in irons at Amherstburg, but
                    Chardronet escaped. Ann uncle, Lt. J. P. Chadronet, was dispatched
                    from Mackinaw to intercept him, but Jean Baptiste killed him in his
                    camp on the St. Joseph.

                    Etienne fathered Alexander Etienne on the Muskegon [Muskegon Lake] in
                    1810 where he grew to manhood, married a full-blood Odawa, and
                    eventually established a post at Old Womens Bend, two miles below
                    present Newaygo on the Grand Rapids - Pentwater Indian trail. A
                    cluster of 35-40 cabins grew around the post and a Catholic church was
                    built to host monthly services at so-called Indian Town.
                    Repository:
                    • Abbrev: A British Legal Case and Old Grand Portage
                      Title: A British Legal Case and Old Grand Portage http://collections.mnhs.org/ MNHistoryMagazine/articles/21/v21i02p117-148.pdf
                      Repository:

                        Text: MINNESOTA HISTORY
                        VOLUME 21 JUNE, 1940 NUMBER 2
                        A B R I T I S H LEGAL CASE AND
                        OLD GRAND PORTAGE
                        MANY A STUDENT of history has found legal documents useful. For periods f or which few records survive, as well as
                        for those of widespread illiteracy, court and notary records assume lar ge importance. Few records exist for events on
                        Minnesota soil before 1820. Yet courts had jurisdiction there and notar ies affixed their signatures to documents dealing with persons and even ts of the area. Records of the earliestcourt case involving a Minnesota e vent to be discovered thus far for the British regime are in Edinburgh a nd Montreal. The most complete record of this case, that of Dominique R ousseau and Joseph Bailly v. Duncan McGillivray, is preserved in the pa pers of Lord Strathcona in the General Register House in Edinburgh, Sco tland. The documents may be the notes taken by a member of the Northwes t Company at the trial of the case in Montreal in 1802, 1803, and 1804 o r merely abbreviated copies of the official records of the case in Mont real, Whereas the depositions of fourteen persons are given in the reco rds in Edinburgh, only seven are included in the dossier of the case in M ontreal. Why this should be so is beyond the editor's ability to explai n. Possibly some parts of the records in Montreal have been lost. In th e following report of the case, the editor has used the Edinburgh docum ents, unless otherwise indicated. The importance of the case lies in th e historical information given by the various witnesses, especially wit h regard to the period when Grand Portage was cleared of its forest gro wth, when the several forts were built, who built them and where, and f acts about the location of gates, canoe beaches, and so forth. Until th ese documents were found, no one could venture even a good guess as to w ho cleared the ground at Grand Portage and who built the first fort. N ow some facts are given outright, some are hinted, and many can be infe rred. They have another use. In America as in England, common law deve lops through precedent. All too little has been known heretofore about c ommon usage on portages. Again and again in these testimonies usage wi th regard to portages is set forth. Later the verdict of the court conf irmed this usage and thus made it law. Here, then, is law in the making ? a v ery interesting process. It is possible that it was this case, involvi ng an American license to trade at Grand Portage in accordance with Jay 's treaty, that determined, or helped to determine the Northwest Compan y to remove well within British territory at Fort William. If so, here i s another important fact gleaned from this old court case. The facts of t he case and the chief personalities involved
                        are as follows. In 1802, during the period of struggle between the Nort hwest Company and its offshoot and rival,
                        the X Y Company, Dominique Rousseau and Joseph Bailly of Mackinac sent a c anoeload of goods with an American license under the direction of Paul H ervieux to Grand Portage.
                        He and his men arrived at that place during the

                        Rousseau is mentioned in the "Register of Baptisms of the Mission
                        of St. Ignace de Michilimakinak " as the father of two children born in
                        1821. His residence at that time, therefore, appears to have been Macki nac,
                        although he lived earlier at Montreal. See the " Mackinac Register,"
                        in Wisconsin Historical Collections, 19:136 (1910); and Thomas
                        Douglas, Earl of Selkirk, Sketch of the British Fur Trade in North
                        America, 56 (London, 1816). Bailly was a member of an ancient French
                        family of Canada, the Bailly de Messein family. He was born in Quebec
                        in 1774 and entered the fur trade as a young man. Like Rousseau,
                        he made Mackinac his center of operations, vvrith posts in a large, out lying
                        area, extending as far northwest as Grand Portage and as far south
                        as the Wabash country. Later he made his home in Indiana.

                        second week of July and set up tents near the creek east of the Northwe st Company's fort and close to the shore, between the so-called " Big F ort" and the " Little Fort." The latter, called also "Boucher's Fort," l ay east of the Northwest Company's establishment, beyond the creek and n ear the shore. No sooner were the tents set up than trouble developed. I n highhanded fashion bourgeois ? men who had capital invested in the co mpany's fur ventures ? from the larger of the two forts demanded that H ervieux remove his tents from the portage way and refrain from trading w ith their men, mutilated tents and injured goods of the newcomers, abus ed them with scurrilous language, and otherwise acted the role of monop olists who felt secure because of their capital, prestige, and superior ity of numbers. But the Northwest Company unexpectedly came up against r esistance. A case was brought in the Court of King's Bench in Montreal a gainst Duncan McGillivray of the Northwest Company. Men who had travel ed the arduous canoe route from Montreal to Grand Portage throughout th e period of British dominance in Canada testified, mostly in behalf of t he plaintiffs. One witness had been at Grand Portage in 1766. What he a nd others told of customs of bourgeois, clerks, voyageurs, and others a ffords some of the best material yet available on obscure points in fur -trade history. For example, the affidavits show that probably John Ask in cleared the site of the Northwest Company's post at Grand Portage

                        the father of Alexis Bailly, a prominent trader in the Minnesota countr y.
                        See John O. Bowers, The Old Bailly Homstead. 1 (Gary, Indiana, 1922).
                        Bailly's ledger, kept at the time of the lawsuit, is mentioned on page 3 o f
                        this work. For information on Hervieux, see post, n. 7.
                        The Boucher here mentioned may have been Frangois Boucher. See
                        Charles Gates, ed., Five Fur Traders of the Northwest, 260 (Minneapolis ,
                        1933).
                        McGillivray was a brother of William and of Simon McGillivray
                        and a nephew of Simon McTavish and was himself the acknowledged
                        agent of the company, in which capacity he took the lead in all the pro ceedings
                        at the general meeting of the wintering partners." Selkirk, British
                        Fur Trade, 61.

                        soon after 1766; that several forts had occupied the shore line close t o the Grand Portage in the years between 1766
                        and 1803; that there were several free-lance, or apparently free-lance, t raders at Grand Portage between 1794 and 1802, some of whom constructed h ouses; that a peculiar kind of currency, "bons," prevailed at the depot ; that voyageurs and other engages did some trading of furs on their ow n accounts, and that customs had crystalized by 1802 into what practica lly all traders and engages considered effective laws for portaging, tr ading, competing in the fur business, and the like.

                        The court decided in favor of the men with the American license. Some n ice legal points might be raised over the
                        right of a Montreal court to exercise jurisdiction in an event that occ urred at Grand Portage, especially in view of the
                        fact that the plaintiffs were operating under an American license. Howe ver, the boundary line had not been conclusively determined in 1804 and n o one appears to have challenged the court's right to adjudicate the ca se. Indeed, one of the plaintiffs, Rousseau, made another attempt to tr ade at Grand Portage in 1806, after the Northwest Company had decided t o remove its post from Grand Portage to uncontestedly British soil at F ort William; and when the Northwest Company again beset him he brought a nother suit in the Montreal courts.* This time, however, a compromise w as effected out of court. It is interesting to note that the method ado pted by the Northwest Company to keep Rousseau's canoe out of the hinte rland beyond Grand Portage was to fell trees across the portages and na rrow creeks of the old canoe route. These obstacles prevented

                        An account of this episode is given in Selkirk, British Fur Trade,59-61 .
                        Rousseau sent a man named De Lorme west of Grand Portage in 1806. In th e "Arrangement of Departments for 1806" of the Northwest
                        Company, the following list of men is given under the caption to match D e Lorme": Alexander McKay, "Prop.," J. C. Sayer, clerk, and
                        "Ant: Valle " and Joseph Laverdiere, guides. See William S. Wallace,
                        1940 A LEGAL CASE AND GRAND PORTAGE 121

                        Others, too, from using the route. Thus ended the old trade way from Gr and Portage to Lac la Croix, a route that
                        had been utilized since La Verendrye's day. At Lac la Croix the Northwe st Company's new route from Fort William
                        joined the long-established route, and so no obstacles were placed beyo nd that point. The Fort William-Lac la Croix-
                        Rainy Lake canoe route became the usual one after 1806, presumably beca use of the difficulty of removing the fallen trees.

                        Photostatic copies of the documents in the Strathcona Papers relating t o this case were available to the editor in
                        preparing these records for publication. For the Montreal documents, ho wever, typewritten copies only could be
                        obtained. For the sake of clarity, in a few instances punctuation has b een supplied by the editor. Many of the witnesses in the case testified i n French; the translations of their depositions presented herewith have b een made by the editor.

                        GRACE LEE NUTE
                        MINNESOTA HISTORICAL SOCIETY
                        ST. PAUL

                        DOMINIQUE ROUSSEAU AND JOSEPH BAILLY
                        V. DUNCAN MCGILLIVRAY
                        [Court of King's Bench, Register of Common Pleas, Superior Term, 1800?0 3, in
                        Archives of the Judiciary District of Montreal.]
                        Thursday 7th October 1802 . . . Dominique Rousseau and Joseph Bailly, P laintiffs vs Duncan Mc Gillevraye, Defendant
                        The Court having heard the parties by their Counsel upon the defendant' s plea of abatement. It is considered that so much of the
                        declaration of the Plaintiffs as charges the defendant with having comm itted an assault upon the Plaintiffs be quashed with costs; and
                        that the defendant do answer to the other part of the said declaration i n the due course of proceeding.
                        No. 94. King's Bench, Montreal, vacation after Ap: Term 1803
                        ed., Documents Relating to the North West Company, 221 (Toronto,
                        1934).

                        Exception to the issuing of Com: Rog: for the Examination of Arch N. Mc Leod & John Finlay
                        Domi. Rousseau & J. Bailly, Pltffs vs Dun. McGillivray, Def.
                        filed 13th May 1803 D. R.
                        Ross atty for pltffs . . .
                        In consequence of a notice sent to me by the Defendant's Attorney, to a ttend at the office of the Court at the issuing of a Commission
                        Rogatoire for the examination of Archibald Norman McLeod and John Findl ay [sic] as witnesses on the part of the Defendant. I do attend and for a nd on behalf of the plaintiffs object to the issuing of the said Commis sion Rogatoire as irregular and object and except to the examination of t he said Archibald Norman McLeod and John Finlay as they are the Defenda nt's partners and interested in the present suit ? The plaintiffs hereb y reserving to themselves the right of proving and supporting this thei r Exception when and where it may be incumbent on them to do so: of all w hich they pray act and that the present exception may be filed in the r ecord of this Cause.
                        Signed DVD Ross Atty for Pltffs
                        13 May 1803
                        ROUSSEAU AND B A I L L Y V. M C G I L L I V R AY
                        Strathcona Papers, General Register House, Edinburgh, Scotland
                        District of Montreal, Court of King's Bench, Vacation after the
                        February Term, 1803

                        Dominique Rousseau & Joseph Bailly v Duncan McGillivray
                        TESTIMONY OF PAUL HARVIEUX '
                        Translation
                        Paul Harvieux deposes that last spring he was employed as clerk by Domi nique Rousseau and Joseph Bailly to take merchandise to McLeod is menti oned frequently in the affidavits of this case. For an account of him a nd for his diary of 1800-01, see Gates, Five Fur Traders, 123-185. Finl ay was probably one of the anonymous bourgeois mentioned in the affidav its. For a sketch of his career, see Wallace, Documents Relating to the N orth West Company, 440

                        The Montreal version of this document gives the following information i n French:

                        Paul Hervieux, living at Repentigny, 28 years of age, a witness for the p laintiffs, having been duly sworn, says that he is neither a relative o f, related by marriage to, nor in the service of any of the parties to t his suit nor to any one affected by it.
                        1940 A LEGAL CASE AND GRAND PORTAGE

                        Grand Portage; that he left Mackinac for Grand Portage with a canoeful o f goods valued between twenty-five hundred and three thousand louis; th at he reached the Portage about the 10th or 12th of July; that on arriv al he camped overnight on an island in front of Grand Portage; that on t he morning of the following day, about eight o'clock, he camped at a li ttle distance from the river, in an unoccupied space; that he set up th ree tents, wherein he put his goods; that the same day the defendant an d M McTavish came to the deponent's tent; that they addressed themselv es to a man named Rastoute saying " Is that you, Rastoute ? Who gave yo u permission to set up your tents here? I order you to withdraw farther t han the little fort, said the defendant. That the deponent went to find t he defendant and asked him if he had any right to prevent his stopping i n that spot; that the defendant replied that he was the one who had cle ared that ground and that he did not want the deponent there. Whereupon t he deponent took from his wallet the license that the Americans had giv en him to go to that place and showed it to the defendant. Then the def endant said that he had no interest in the paper ? that it amounted to n othing. Whereupon the deponent said he would see about that and returne d to his tent. That about two hours later the deponent returned to the f ort to find the defendant and asked him to kindly explain what right he h ad to expel him from that place; that the said defendant repeated the s ame thing and told him he could withdraw a gunshot from the place where h e was located. Whereupon the deponent told him he would already have do ne so if he had not feared blocking the public passageway, but if the d efendant wished to give a day's time, he would move his tents. Then the s aid defendant told him not to trade. The deponent then returned to his t ents and set his men to work moving the tents and packs of goods to the s pot he had agreed upon with the defendant; that while he was thus occup ied, one of the men came to find him and told him that the tent he had s old that morning to a man amed Durand, one of the defendant's men, was b eing cut up by the defendant; that he, the deponent, then stepped out o f his tent and saw in truth the said tent cut to bits and on fire; that D urand complained bitterly that he had been deprived of his tent and tha t it was being carried off on the end of Probably this was the most pro minent of the numerous McTavishes in the fur trade, Simon McTavish. See a s ketch of his career in Wallace,
                        Documents Relating to the North West Company, 485, 486.

                        Sticks; that a moment later he saw the defendant and Mr. McLeod step ou t of the fort accompanied by both bourgeois and clerks, who advanced to ward his tent; that the defendant came to the deponent, saying to him, " You asked me what right I had to expel you from this place ? I will tel l you. He grasped his hunting knife and with it pierced the tent, which r esisted the first blow; but the second stroke pierced the tent and tore o ff a piece of some length; that the defendant was by that time in a gre at rage and left without further remarks; that then Mr. McLeod, a bourg eois, said to the deponent, Sacre Gueux, pick up your goods & chattels a nd hurry up! He then tore up the pins of the tent, which had fallen, a nd seized a bale of goods and threw it into the air, and repeated. Hur ry up and move your goods. He then advanced threateningly toward the de ponent, saying Sucre petit noir, if you were at Rat Portage you would s ee what I would do to you. Thereupon the deponent asked, And what else w ould you do? You could not offer me a greater insult than you have alre ady done. You will see, sacre Gueux, repeated the said McLeod. Tell me , said the deponent. I would break your neck. Whereupon the deponent o ffered him his neck, telling him to do so. Thereupon the said McLeod sa id to him, Is it your damned chevalier who tells you to do this ? Go f ind him. That the deponent told him that he was clerk for Messrs. Rouss eau and Bailly; that he was there on their business; and that if he wis hed him to leave that place to be so good as to put it down in writing t o show to his bourgeois. Then the said McLeod said that he would not gi ve him such a writing. Then the deponent took the rest of his goods and c arried them to the place where he had put the other pieces; that the en gages of the defendant and his associates told the deponent that their b ourgeois had prohibited them from going to buy of him, that if they did s o, they ran the risk of losing their wages; that the said engages of th e defendant came only at night by stealth and sometimes during the day w hen they could conceal themselves; that he was much

                        Rat Portage was the carrying place between Lake of the Woods and Winnip eg River, just beyond American territory on the regular canoe
                        route. The inference intended was doubtless that Hervieux, on British t erritory, might be manhandled with impunity, whereas discretion had
                        better be exercised on American soil.
                        The title Sir is translated into French by Chevalier. Probably the ref erence is to Sir Alexander Mackenzie, the leader in the X Y Company, ri val of the Northwest Company at the moment.

                        injured in his trade with the defendant's men; that the manner in which h e had been treated by the defendant had discredited him greatly in that p lace; that if he had not been interfered with or prevented from trading , he vrould have disposed of the larger part of his merchandise; that h e was obliged to carry most of it back to Mackinac; that the canoeful o f goods cost more than eight hundred and forty louis, and the expense t o Grand Portage about 166 louis, and that if the goods had been sold h e could have had a sum of twenty-five hundred to three thousand louis; t hat he had realized only about five hundred louis; that he had disposed o f about a fourth of his merchandise ; that if he had not been hindered i n his business, he could have sold the rest of his goods at the same ra te and realized the said sum of twenty-five hundred to three thousand l ouis.
                        Cross-examined That the morning of his arrival at that place no one had s topped him; that the goods were partly dry and partly liquid; that he h ad sold some things before he was told to get out; that the morning he a rrived he had unpacked some merchandise on arrival and that he had
                        not unpacked any afterward that day in that place; that in the place wh ere he settled there were tents of the defendant's men close to the spo t where he was, that the defendant's canoes from Montreal were on the b each at a little distance, perhaps a quarter arpent, from his location; t hat he does not recall that anyone told him to withdraw from this place , because the engages of the defendant were accustomed to put up their t ents there; that this ground where he was was cleared; that when he set tled there he saw there some tents of the defendant's men and that some o thers were set up there afterward; that the place where he agreed to go w as about a gunshot from his first site at Grand Portage; and that the s pot was pointed out to him where a man named Boucher lived selling the s ame kind of goods as himself; that, in the spot where the tents were, h e was the only one selling merchandise; that when he settled in that pl ace he said to the engages that he had the permission of the Americans t o go and trade there.
                        Question. Whether he told the defendant's men that he had come there fo r the purpose of releasing them from their slavery ?
                        Answer. That he does not remember doing so; that he told them "The arpe nt measures about eleven and a half rods; thus the canoes
                        were about fifty feet away.

                        that he would sell them goods cheaper than the others; that when the de fendant came to pierce his tent with his hunting knife that the larger p art of the goods had already been moved to the spot agreed upon, where h e remained afterward; that when he had this conversation with Mr. McLeo d, the defendant was not present and that he did not see the defendant; t hat the defendant did him no other injury than to tear his tent and spo il his trade by preventing his men from trading in the deponent's tent; t hat it was the engages who told him that the defendant told them not to g o to the deponent's tent; that when he moved to the designated place, h e continued his trade; that they said nothing more to him, but that he c ould see that the gentlemen watched their men very closely; that he was a t the end of the fort of the man called Boucher, about ten feet from th e edge of the water on a level with the house of the said Boucher; that i n Boucher's house he saw little merchandise and that he sold Boucher so me; that about five or six arpents away was a man named Mailloux, who s old goods; that the deponent promised the defendant to move from the sp ot where he first settled and not to sell goods there and that the tent w hich he sold to the said Durand had been sold in the morning; that he d id not sell other goods in that spot where he first was, after having a greed with the defendant to move farther; that he had made that agreeme nt with the defendant about ten or eleven o'clock in the morning and th at his tent had been destroyed about two o'clock; that he was not accus tomed to trading in the pays d'en haut, never having been there before; t hat he does not recall how many pieces he had in his canoe; that he thi nks that the reason the defendant cut his tent was the fact that he, th e deponent, had sold a tent to Durand.
                        Upon questioning by the Court: that he may have stayed a month at Grand P ortage after his tent was destroyed in the manner described, and that h e continued to trade there during that time under the conditions mentio ned; that he did not have orders to remain for the winter in this place , but only so long as he could do business with the Frangois Victor Mal hiot may be the trader mentioned as Mailloux, though a diary kept at th e Rainy Lake post in 1804 mentions a man named Mailloux several times. G ates, Five Fur Traders, 206-226, 137
                        n.; Wallace, Documents Relating to the North West Company, 486.

                        This voyageur expression means the " upper country " or the interior of t he country, usually with the added significance of the region where
                        furs were sought.
                        1940 A LEGAL CASE AND GRAND PORTAGE 127

                        engages before they left for their wintering grounds; that he had in hi s canoe about seven men; that Mr. McLeod, of whom he spoke, is the one c alled Le Noir the black in order to distinguish him, apparently, from t he other McLeods; and that he thinks McLeod is still in the pays d'en h aut.
                        Signed P HARVIEUX
                        TESTIMONY OF MICHEL ROBICHAUX
                        Translation
                        Michel Robichaux, voyageur, deposes and says that he left Michilimakina c last spring in a canoe belonging to the plaintiffs, in which were Pau l Harvieux, clerk of the plaintiffs, and merchandise belonging to the p laintiffs; that the deponent betook himself to Grand Portage with the s aid canoe; that upon their arrival they camped for the night in an isla nd in front of Grand Portage and that the following day they went on to G rand Portage and camped in a certain unoccupied spot upon the shore; th at he thinks it was at the beginning of July that they arrived at Grand P ortage where they erected two tents and immediately afterward Mr. Hervi eux, the clerk, began to sell goods and the same morning sold a tent to a m an named Durand. That after he had sold the tent Mr. McGillivray came t o tell them it was necessary for them to withdraw a gunshot from the pl ace where they were camped. That the deponent heard Mr. McGillivray say , afterwards, that he would show Mr. Hervieux the right that he had to m ake him withdraw from there, and as he said so Mr. McGillivray drew his h unting knife and pierced the said Hervieux tent with it.
                        That he did not cut clear through the first time, but the second time h e pierced it. That at that time there was a man named McLeod with Mr. M cGillivray, as well as several bourgeois and clerks. That the said McLe od pulled up the tent pins of the said tent and overturned it, saying t o Mr. Hervieux in a menacing tone to get out quickly, and that if he ha d him at Rat Portage he would break his neck. That the said tent was to rn to bits, burned and carried on the

                        The Montreal document includes the following statement in French:
                        Michel Robichaux, voyageur, a resident of Montreal, 25 years of age, a w itness for the plaintiffs, having been duly sworn, testifies that he is
                        neither a relative of, related by marriage to, nor in the service of an y of the parties to this suit and has replied to the questions put to h im as
                        follows.

                        ends of sticks by a Negro of the defendant's. That because of this thre at the said Hervieux was obliged to change his location and transported
                        his goods the same day the distance of an arpent and a half, or about t hat distance, from the spot where he had camped. That after the tent ha d been destroyed and a part of the merchandise had been transported, th e deponent saw the said McLeod take a bale belonging to the said clerk, H ervieux, in his arms and scatter it to the breezes. That because of th e threats that the defendant made at that time to the said Hervieux and t he attitude of the said McLeod and the other employes of the defendant, t he said Hervieux has suffered damage through the discredit that he has u ndergone in his trade and because the defendant's engages told the depo nent that they were prohibited from trading with the said Hervieux unde r pain of losing their wages.
                        That the said Hervieux was so much thwarted in his trade there by the d eeds that the deponent has just recited that the deponent thinks
                        that he could not openly carry on trade with the defendant's men in the d aytime but only secretly at night. That the deponent himself even went t o look for furs in the tents of the defendant's engages by night. That t he said Hervieux sold only about a quarter of his goods. That the depon ent thinks that if the said Hervieux had not been molested, he would ha ve sold all his goods and that the men of the defendant had told the de ponent as much. That the said Hervieux was obliged to take back the rem ainder of the merchandise to Michilimakinac.

                        Cross-examined by the Defendant
                        Says that he knows the defendant; that the spot where the said Hervieux w as was not surrounded by the tents of the defendant but that there were s everal of them about fifty feet behind. That there were some canoes tha t had arrived from Montreal overturned on the shore in front, where the m en were camped, but he does not know the number either of the canoes or o f the men; that he does not know whether there were ten of them or not; t hat the said canoes were about twenty feet from the spot where the said H ervieux camped at first. That the said Hervieux had unpacked a part of h is goods that day, before Mr. McGillivray came to warn him to leave; th at upon the arrival of the said Hervieux at Grand Portage, he passed be tween "The Negro was probably a member of the Bonga family, prominent i n western Canada, and especially in Minnesota history. A brief sketch o f the family is to be found ante, 3:197n.

                        the canoes of the defendant in order to reach the spot where he camped. T hat when Mr. McGillivray first came to talk to the said Hervieux, the l atter agreed to withdraw from the spot to the distance of about an arpe nt or an arpent and a half. That the tents that were in back of the pla ce where the said Hervieux first camped belonged to the defendant and w ere occupied by his men. That the canoe of the said Hervieux was paddle d by five men besides himself and another clerk. That he does not recal l the number of pieces with which the canoe was loaded. That he believe s that it contained about 45 pieces. That it must have required two hou rs' time to transport the said load from the spot where Mr. Hervieux ca mped the first time to the place where he went later. That there was a m an named Boucher who sold goods in this latter spot, about sixty feet f rom the said Hervieux. That Mr. Hervieux continued his trade in the pla ce last mentioned, until he left Grand Portage at the end of a month af ter he got established there and at the time when the voyageurs left fo r their wintering grounds.
                        Question: What were the threats that the defendant made to the said Her vieux?
                        Answer: That the threats were made because the defendant drew his hunti ng knife and pierced the tent when Mr. Hervieux asked for
                        his right to make him leave the place where he was camped; that he hear d no others. That Mr. McGillivray was not present when
                        the conversation took place between Mr. McLeod and the said Hervieux.
                        That the deponent did not see Mr. McGillivray enter the tent of the sai d Hervieux afterward, to prevent him from trading. That the said Hervie ux did trade with the men of Mr. Forsyth and the other bourgeois in pla in day." That there was a man named Mailloux who sold goods at that tim e at Grand Portage. That Mr. Hervieux did not sell any merchandise that p articular day to the knowledge of the deponent, after Mr. McGillivray c ame to prevent him. That the furs that the engages of the defendant tra ded with the said Hervieux by night consisted of moose skins and dresse d buffalo robes. He also said that he had not been to Grand Portage bef ore.
                        The deponent declares that he does not know how to sign.
                        Doubtless the reference is to Thomas Forsyth of the firm of Forsyth, Ri chardson and Company of Montreal. This firm was prominent in the affair s of the X Y Company.

                        TESTIMONY OF FRANCOIS ROSSIGNOL^
                        Translation
                        Francois Rossignol deposes that he knows the parties in this case, that h e is a voyageur, and that last summer he was in the employ of the defen dant and his associates to go to Grand Portage; that he was there last s ummer and that there vrere many engages there; that they had a quantity o f buffalo robes and elk skins and that they had permission to trade; th at he knew that there was at Grand Portage a man named Paul Hervieux, w ho had some goods of the plaintiffs for trade with the engages at Grand P ortage; that he knew that a man named Durand had bought a tent of the S ieur Paul Hervieux, and that he heard it said that this tent had been c ut in pieces by the defendant; that he had learned this at the payment; t hat he was told also that the engages had been prohibited from trading w ith the said Hervieux and that the engages feared that their purchases w ould suffer the same fate as Durand's tent and so they dared not do any b usiness. That as for himself, the deponent, if he had had any skins to t rade, would not have dared sell them; that he believes that because of t he great number of men that were there and the great number of skins th at they had, the said Hervieux would have sold a much greater part of t he goods, if the engages had not had this fear of trading; that what ha ppened to the said Hervieux in the way of having his tent cut and torn u p had discredited him in his trade and in his honor and had caused him w rong and injury.
                        Cross-examined
                        That the engages of the North West Company are not prohibited by their e ngagements from trading with strangers and that they trade freely to hi s knowledge with strangers; that he is engaged this year by the same bo urgeois. The deponent, after his deposition was read, declared that he d id not know how to sign.
                        The Montreal document gives the following information in French:
                        Frangois Rossignol, living at St. Martin, 30 years of age, a witness fo r the plaintiffs, having been duly sworn, says that he is neither a rel ative
                        of, related by marriage to, nor in the service of any of the parties, n or affected by this suit. At the end of the Montreal version are statem ents
                        that this witness was allowed twelve shillings, six pence; that his aff irmation was made in court on March 28, 1803; that J. Reid was the
                        prothonotary; and that the document was filed on March 28, 1803.
                      • Abbrev: A British Legal Case and Old Grand Portage
                        Title: A British Legal Case and Old Grand Portage http://collections.mnhs.org/ MNHistoryMagazine/articles/21/v21i02p117-148.pdf
                        Repository:

                          Text: TESTIMONY OF CHARLES LEGER
                          Translation
                          Charles Leger, called Parisien, deposes and says that for thirty years h e has been a guide to Grand Portage; that he has been many times in tha t place as guide; that he is well acquainted with the customs of that p lace; that during that time he has always seen the engages trade buffal o robes and elk skins and other coarse skins, but not fine furs, and th at they could deal with all the individuals that came to trade in that p lace; that a cotton shirt sold for twelve francs at Grand Portage, one t hat was worth four piasters in Canada; a phial of rum of three demiarre s for four piasters of this country; one can buy a cotton shirt in this c ountry for from seven livres ten sols to eight francs for the dearest; a p hial of rum is worth in this country from thirty to thirty-six sols, al so in proportion for all other articles that are carried into that plac e for trade; that it is his opinion that a part of the goods bought in t his country for a thousand louis would give a profit in trade in the pa ys d'en haut of about twenty-five hundred louis; that according to his k nowledge of engages and their customs he thinks that a trader whose ten t had been cut and pulled up
                          and who had been obliged to change his location would be discredited, h is trade would be damaged, and he would be injured.
                          Cross-examined
                          That he has not been at Grand Portage the past year, but he was there t he preceding year; that he has never traded; that he does not know the v alue of a canoeful of goods at Grand Portage; that he does not know how t o read or write.
                          The deponent, after his deposition was read him, said that it is the tr uth and so maintains.

                          TESTIMONY OF JOSEPH POISSANT
                          Translation
                          Joseph Poissant deposes and says that he was at Grand Portage " The Mon treal document gives the following information in French:
                          Charles Leger, called Parisien, a resident of Isle Perrault, 56 years o f age, a witness for the plaintiffs, having been duly sworn, says that h e is
                          neither a relative of, related by marriage to, nor in the service of an y of the parties, nor affected by this suit. " The Montreal document g ives the following information in French:
                          Joseph Poissant, a voyageur living at St. Philippe, 21 years of age, a w itness for the plaintiffs, being duly sworn, says that he is neither a

                          last summer in the capacity of engage of Mr. Ogilvy. That he saw there a m an named Paul Hervieux, who had a canoeful of goods for trading on the a ccount of the plaintiffs; that the said Hervieux upon his arrival at Gr and Portage camped upon the shore between the fort of the Big Company a nd that of Mr. Boucher, in an unoccupied place. That the deponent, havi ng arrived at the tent which the said Hervieux had just set up, saw Mr. M cLeod piercing the said tent and pushing it over. That many people were a bout but he did not see Mr. McGillivray there. That he saw the said McL eod take a bale belonging to Mr. Hervieux and throw it into the air. T hat the said McLeod menaced Mr. Hervieux, saying to him, "Mon sacre pet it noire, who gave you permission to settle here? If I had you at the o ther end of Rat Portage I would break your neck." That he knows that a m an named Durand bought a tent of Mr. Hervieux the same morning. That he s aw this same tent overset by the engages
                          of the Big Company and that some of the bourgeois of the said company w ho were present at the time aided in demolishing the said tent; that th ey threw it into the fire and afterward lifted it up on the ends of sti cks while it was still burning, uttering cries of joy. That the deponen t is of the opinion that such actions injured Mr. Hervieux in his trade f or the reason that persons who traded with him feared that their purcha ses would be treated in the same fashion as the tent.
                          Cross-examined
                          Says that there were tents of the Big Company set up on the spot where M r. Hervieux first erected his at the distance of some twenty to fifty f eet, and others farther off. That Mr. Hervieux' tent was placed between t he big fort and Fort Boucher. That Durand's tent was demolished before M r. Hervieux. That the place where the said Hervieux placed his tent the f irst time was about an arpent and a half distant from that to which he w ithdrew afterward, and that this last place was as advantageous for his t rade as the one he had left. The deponent declares that he does not kno w how to sign. relative of, related by marriage to, nor in the service o f any of the parties, nor affected by this case." At the end of the doc ument is a notation showing that this witness was allowed fifteen shill ings, and a statement in English that he was " Sworn and examined in op en Court this 21 March 1803.
                          John Ogilvy was another chief partner in the X Y Company. His firm was k nown as Parker, Gerrard and Ogilvy. See Wallace, Documents
                          Relating to the North West Company, 490.

                          TESTIMONY OF THOMAS FORSYTH
                          Thomas Forsyth Esquire, Deposeth and saith that he was at the Grande Po rtage last summer in the month of July. That he saw there one Paul Herv ieux a Commis or Clerk of the Plaintiffs, who the Deponent understood h ad some goods to trade on account of the Plaintiffs. That he knows the s ituation or place near which said Hervieux pitched his tent upon his ar rival there, which was upon an open space near the waterside. That from t he said report the said Deposant [sic] conceives that the circumstance o f cutting down said Tent must have done the said Hervieux some damage, a nd that an insult of that nature must have injured him in his trade in t he minds of the people then there.
                          Cross examined
                          says. That there were then Tents pitched between the Northwest Fort and B oucher's Fort at the Grand Portage. That the Deponent understood that t he tent first pitched by the said Hervieux was amongst those of the Nor th West Company and between them and Boucher's fort. That Deponent has b een informed that that space of ground has been cleared these fifty yea rs past, and that it has been occupied by the tents of the North West C ompany, but that he conceives that he would have a right to erect a ten t there. That when the Deponent saw said Hervieux at the Grand Portage h is teat was pitched near to Boucher's fort not more than half an acre f rom a little River. That he cannot ascertain the exact spot where said H ervieux first pitched his tent, having never seen it, when it was first p ut up. That the North West Company had a great number of men encamped a t the Grand Portage last summer, and that he thinks it would have done t hem an injury if any person had pitched a tent among them for the purpo se of selling Rum, that the value of a Canoe load of Goods at the Grand P ortage, including the wages of the men and their provisions, is from si x hundred to one thousand pounds. Currency. That he does not know wheth er or not the cutting down the said Hervieux tent, did actually do him a d amage but he conceives that an act that may tend to render a man contem ptible must do him a damage.
                          Signed THOMAS FORSYTH


                          TESTIMONY OF MAURICE BLONDEAU
                          Translation
                          Maurice Blondeau, Esquire, deposes and says that he has been a merchant v oyageur in this country since 1752. That he went up to Grand Portage th e first time in 1766. That he knows the fort where the bourgeois were, w hich was not then cleared and was not cleared for two or three years th ereafter and then by a man named Erskine, as he believes.^^ That accord ing to what has been told him, the Big Company occupies at present the s ame fort that the deponent occupied formerly. That during the time when t he deponent voyaged in the pays d'en haut he never knew of any hindranc e to putting tents at the Grand Portage outside the fort. That on all t he portages from here to Grand Portage it was always the custom, while t he deponent was voyaging, to put the tents near one another, even thoug h one were a little inconvenienced by giving room to those who arrived l ater. That he has never understood that one had a right to make anyone e lse move his tent to another spot. That if a case occurred, it would ca use an injury to the person concerned.
                          Cross-examined by the Defendant
                          Says that at the time when he was at Grand Portage, there were at least t hree or four hundred men there, besides Indians. That if it had happene d that anyone settled himself there to sell rum, he believes such a per son would have had no trouble, and that as for himself, he would not ha ve opposed him. That in his time there were two or three companies and t hat there was not the least trouble. That he never prohibited his voyag eurs from selling coarse skins like buffalo robes and elk skins, and th at he never heard that such selling was prevented by other bourgeois.
                          Signed M BLONDEAU
                          One of the earliest visitors to Grand Portage after the conquest of Can ada was Maurice Blondeau, who was born in Montreal on June 23,
                          1734. For a brief sketch of his life, see Wallace, Documents Relating t o the North West Company, 427.

                          Probably Blondeau refers to John Askin, one of the first traders to go t o the West after the conquest, whose family name was also spelled
                          Erskine. Wallace writes that he "was born at Strabane, county Tyrone, I reland, about 1739, the son of John Askin (or Erskine) and Alice
                          Rea." He went to Mackinac about 1765 after several years as a trader at A lbany, New York. His headquarters were removed to Detroit in
                          1780. Documents Relating to the North West Company, 425.

                          TESTIMONY OF HYACINTHE MARCOT
                          Translation
                          Hyacinthe Marcot deposes and says that he was at Grand Portage last sum mer, where he saw Paul Hervieux with a canoeful of goods
                          that he was trading on the account of the plaintiffs, according to what H ervieux told him. That he heard engages and winterers of the
                          defendant and his associates say that they were prohibited by their bou rgeois from trading any skins under pain of loss of their wages. That t he deponent has vrintered for seven years in the North and about Lake S uperior and that his bourgeois have never prohibited the trading of buf falo robes and elk skins, and that this trade was allowed to other enga ges who even had permission to carry these kinds of skins in their bour geois canoes to the Portage. When they arrived there it was the custom t o sell the furs to anyone. That there were many engages of the Big Comp any at Grand Portage last summer who had such skins to sell. That the d eponent heard it said at Grand Portage that the defendant had cut a ten t belonging to the said Hervieux and burned another and that this last h ad been sold to a man named Durand. That this rumor injured the said He rvieux and humiliated him before the men, who told the deponent that th ey were no longer going to trade with him, for fear that they would suf fer the same treatment. That it is the opinion of the deponent that if s uch a rumor had not been bruited about, the said Hervieux would have tr aded the greater part of his merchandise.
                          Cross-examined by the Defendant
                          Says that he has been in the service of Messrs. Robertson for eight yea rs. Since the latter sold out to the Big Society, the deponent has
                          entered the service of the Big Company in the North. That it was while h e was in the service of Messrs Robertson that he was free to sell his s kins. That he has not traded since he entered the service of the Compan y because he has had no furs and because he shortly

                          The Montreal document gives the following additional information in Fre nch: Hyacinthe Marcot, voyageur of the Fauxbourg of St. Laurent, 34 ye ars of age, a witness for the plaintiffs, being duly sworn, says that h e is neither a relative of, related by marriage to, nor in the service o f any of the parties, nor affected by this case.
                          Possibly William Robertson was one of these gentlemen. See Wallace,
                          Documents Relating to the North West Company, 105. See also post, n. 26 .

                          came down to Montreal; but that he has watched the engages, when they c ame out from the interior, sell their furs to the people from Montreal. T hat he did not see the tent of Mr. Hervieux when it was first set up, b ut that he had been shown the place. That the men of the defendant had a t ent on the same spot, but that there were no other tents in the vicinit y. That he did not see the second tent of the said Hervieux, but that h e saw a little cabin covered with bark, where his goods were stored, an d a little tent where his men lived at a distance
                          of thirty feet from Boucher's fort and about an arpent or an arpent and a h alf from the place where he had erected his first tent. That while the s aid Hervieux was established near Fort Boucher, he sold his goods freel y to the men of the new company, to some whom the deponent saw; that th ere were two other men who sold goods to the engages, viz., Mr. Boucher a nd Mr. Mailloux. The deponent declares that he does not know how to sig n.

                          TESTIMONY OF JEAN BAPTISTE TABEAU
                          Translation
                          Jean Batiste Tabeau deposes that from the year 1771 until 1798 he voyag ed in the pays d'en haut around Michilimakanac. That in order to go to t he Grand Portage one uses the same route as to Michilimakanac, except t hat about twenty or twenty-five leagues from Michilimakanac the routes f ork and separate. That on all the portages from Montreal to Michilimaka nac it was the custom that every voyageur put his tent where he would a nd that if another came, he had as much right to set up his tent there a s the first. That the deponent has never seen that right contested. Tha t as far as he knows from traveling in the pays d'en haut, he thinks th at a man whose tent had been cut or destroyed would suffer thereby.
                          Signed J. B. TABEAU

                          Jean Baptiste Tabeau was an important Montreal trader. One of his sons, P ierre Antoine Tabeau, wrote an account of the fur trade on the Missouri R iver that has been recently translated by Rose Abel Wright and edited f or publication by Annie H. Abel (Norman, Oklahoma,
                          1939). A second son, Jean Baptiste Henri Tabeau, was well known in Mont real fur circles. The elder Jean Baptiste was a member of the Beaver Cl ub in 1787. He made his first trip into the interior in 1770. See Benoi t Brouillette, La penetration du continent americain par
                          les Canadiens frangais 1763-1846, 149 (Montreal, 1939). Of the same fam ily was the first known missionary to the Minnesota country after
                          the conquest. Abbe Pierre Antoine Tabeau.

                          TESTIMONY OF DANIEL SUTHERLAND
                          Daniel Sutherland Deposeth and saith That he has been in the habit of t rading to the upper Country for these fourteen years past. That he kno ws the Defendant and some of the Partners in the North West Company. Th at he was acquainted with the situation of the Fort at the Grand Portag e before the Defendant was a Partner in that Company. That the Deponent w as a Partner in the former North West Company. That he particularly kno ws the old fort at the Grand Portage which was occupied by the said Nor th West Company in the year 1801, and as the Deponent has been informed w as occupied by them last year. That he also knows the situation of a sm aller Fort at a little distance from the former which now goes by the n ame of Fort Boucher, and the space of ground between them, which space o f ground was cleared defriche when the Deponent first saw it, and appea red to have been so for several years before that time, that during the t ime the Deponent was a Partner in the North West Company he never did h inder or prevent persons from pitching their tents on that space of gro und & on the space Between the said two forts. That the Deponent consid ered that any trader had a right to pitch his tent on the said space of g round on his arrival there, the same being open and not inclosed, that t he Deponent has frequently passed over the different Portages between t his and the Grand Portage, that it is the Custom of the trade in such c ommunication that the first comer pitches his Tent in the spot he may p refer when vacant, that in these Portages as there is very little space c leared it often happens that when several tents are thereon pitched the y touch each other and that even in such cases he never knew the right o f Pitching tents to be contested. That from the knowledge which the Dep onent has of the
                          Upper Country trade and of the manners of the people, he conceives that t he Cutting down of a man's tent would hurt and prejudice him in the min ds of the Engages and people trading to that Country, and that such a P ublic insult would do him damage.
                          Cross examined by Defendant
                          Says that he is a partner in the new North West Company lately
                          Daniel Sutherland retired as a member of the Northwest Company in 1795. H e later became a partner in the X Y Company. His wife was Margaret Robe rtson of Montreal. Wallace, Documents Relating to the North West Compan y, 501.
                          Probably Sutherland here means that he is a member of the X Y establish ed in Montreal but that he does not in that capacity conceive that he w ould be in the least interested in the decision to be given in the pres ent suit by establishing a right that may have heretofore been conteste d.
                          That while he was a Partner in the North West Company there was a claus e inserted in the articles of agreement of their men in the following w ords sans permission de faire aucune traite particuliere sous les pein es portees par les ordonnances et de perdre leurs gages
                          without leave to carry on trade individually under penalty of the law a nd with loss of wages
                          which clause Deponent believes is inserted in every engagement with the m en employed in the trade. That there are not any Courts of Justice esta blished in that Country to the Deponent's knowledge. That not withstand ing said clause the Deponent conceives, that when men have permission f rom their Employers to bring certain skins such as Buffaloe Robes and O rignal elk skins in their Canoes from the Wintering grounds to the Gran d Portage, they have a right, when at the last mentioned place to trade t hem as they please, and that this is the custom of the trade, and Depon ent has known it to be practised, and allowed to the men as a perquisit e although he does not know that this indulgence was gennerally allowed t o all the men. That in some cases it was specially granted by the words " permission de porter le pacton," in the agreement. That Deponent concei ves that if he had chose to exercise the Prohibitive right mentioned in t he articles of agreement of the Engages he would have had a right to pr event them from carrying on any private trade whatsoever. That Possessi on in that Country of particular spots has been generally respected, an d in such cases it has been usual for the persons in possession of such p laces to enclose them with pickets. That during the time the Deponent w as at the Grand Portage the above mentioned space between the two Forts w as always occupied by the tents and the men and by their Canots. That t he said space of ground is bounded in front by the lake, on the south W est side by the old fort, on the North East by Fort Boucher belonging t o the North West Company as he believes and in the rear by the woods. T hat he does not recollect during his residence there that any person ca me to trade or pitched their Tents at the said spot. That it is Customa ry
                          Company, though a firm that called itself the New North West Company c ame into being in October, 1798. Wallace, Documents Relating
                          to the North West Company,

                          at Carrying places between Montreal & the Grand Portage to avoid as muc h as possible mixing the baggage and goods of different persons,
                          and at several of these carrying places there are trading houses establ ished during the Summer. That if the Deponent had a number of men encam ped at the Grand Portage he would have thought it would have done him a p rejudice if a stranger should have come amongst them for the purpose of s elling Rum. Says further that there is a public Road that passes in the o pen space between the two forts above mentioned to the North side of th e Portage, and that a Cart may pass in the said Road from the Beach to t he little River, which Road was made, before Deponent went to the Grand P ortage, by the former North West Company as Deponent believes. That the v alue of a Canot load of Goods at the Grand Portage may be worth from fi ve hundred to twelve hundred pounds according to the assortment it may c ontain.
                          D. SUTHERLAND

                          TESTIMONY OF J O H N CHARLES STEWART
                          for Defendant
                          John Charles Stewart Deposeth and saith that he was at the Grand Portag e last year, and has been in the habit of going there for some years pa st. That while there, last summer he was informed of, and shewn the sit uation where one Hervieux had pitched his Tent on his arrival last summ er. That the said spot, to the Deponent's Knowledge has been occupied f or some years past by the men and the Tents of the North West
                          Company, and was so during last summer. That Deponent has never knew an y strangers place themselves on that ground for the purpose of Carrying o n trade, since he has been in the habit of going there. That Deponent c onceives it would not be safe or convenient ^The Montreal version gives t he following additional information:
                          John Charles Stuart of Montreal Gentleman aged twenty one years and upw ards, a witness produced sworn and examined on the part of the
                          Defend' deposeth that he is not related nor allied to either of the par ties in this firme that he is clerk to the North West Company. That the
                          Defd' is a partner of the House of McTavish Frobish[er] & Co. and that s aid House have share in the Nort[h] West Company." The cross examinatio n on the Montreal document is signed " J. C. Stewart." For
                          other references to Stewart, see Wallace, Documents Relating to the
                          North West Company, 104, 125, 171-173, 176, 182, 186, 188, 190, 193,
                          195, 202.

                          for the North West Company to suffer strangers to place themselves on t hat ground for the purpose of trade or selling liquor. That he is
                          acquainted with the general tenor of the agreement, entered into betwee n the North West Company and their wintering men. That the said agreeme nt s are all of the same tenor, and contain the said clauses and restri ctions as are mentioned in that now produced by Deponent marked X and h ave been of the same tenor for several years past. That there are no Co urts of Justice in that Country known or established. That the Deponent k nows no other means which the traders have to keep their engages and me n in submission that by a strict adherence to the articles of their agr eement and by their own personal exertions, which it is necessary shoul d be called forth and used. That the Deponent has always understood tha t when any of the men brought skins from the Wintering grounds for the p urpose of trading on their own private account it was by a special favo r of their Bourgeois granted to them by a clause in their contract unde r the words port de pactons and a privilege granted to them. That alth ough this is Customary, yet the Deponent conceives it is in the power o f the Employer to grant it or refuse it as he may think
                          fit. That it is a necessary precaution for the Traders at the Grand Por tage to keep their men apart as much as possible, and to prevent person s from giving them Spirituous Liquors. That the Deponent saw the spot w here said Hervieux erected his Tent the second time at the Grand Portag e, which, in the opinion of the Deponent, was as advantageous for his t rade as that where he had first pitched his Tent. That said Hervieux r emained there until nearly the Close of the communication, and until th e men began to retire that Deponent saw M Mailloux and M Boucher at the G rand Portage last summer who also had goods for sale. That said Boucher h ad two Canots loads of goods there last summer the usual quantity he ta kes each year a considerable part of which, at the close of the Communi cation remained still on hand, and a greater proportion of them remaine d then unsold than the autumn before. That according to an Inventory of s aid goods on hand last autumn which Deponent has seen the amount was fr om six to seven thousand livres. That during the course of last summer t he North West Company had sometimes from four to five hundred men at th e Grand Portage at one time, who were daily going and coming. That said M ailloux and Boucher have been in the habit of frequenting the Grand Por tage and selling goods there since 1798 or 1799. That as M Hervieux wa s concerned in the same kind of business as them the Deponent conceives i t was their Interest to oppose M Hervieux's Trade.as much as possible. T hat the Deponent thinks if M Boucher and M Mailloux had not been there l ast summer M Hervieux would have disposed of all his goods.
                          Cross examined
                          Says, that Deponent's knowledge of the quantity of goods which M' Bouch er had on hand last autumn and the value of them arises from having see n an Inventory thereof which the Deponent has now in his possession. Th at M John Welles a Clerk of the North West Company assisted in taking t hat Inventory. That said Boucher is equipped by the North West Company, a nd his two Canots loads of goods consisted chiefly of liquors. That som e of the goods which went up in his Canots belonged to the North West C ompany. That said Boucher has been in the employ of said Company for so me time past. That he saw said Mailloux at the Grand Portage but did no t see any of his goods but it was a matter of notariety that he had goo ds. That the pactons mentioned in Deponents examination in chief are co mposed of Buffaloe skins and Elk skins. That such pactons when brought b y the men to the Grand Portage are considered as their private property , which they have a right to dispose of. That he understood that there w as a number of the men who brought their pactons from the wintering gro unds last summer, although he does
                          not recollect to have seen any of them but that he knows they generally d o so. That he knows the situation where M' Hervieux first pitched his T ent and that to which he retired afterwards that it would not take a ma n above three minutes to walk from the one to the other, and that he th inks that change of situation could not have prevented his selling rum o r anything else.
                          J. C. STEWART

                          TESTIMONY OF HENRY MCKENZIE
                          Henry M Kenzie of Montreal maketh oath and saith. That he Deponent was a t Michelimakanac last summer where he saw M Rousseau, one of the Plaint iffs who told Deponent in presence of Henry McKenzie was a younger brot her of Roderick McKenzie. His sympathies were with the defendant since h e was affiliated with the Other persons, that he was sending a Canoe lo ad of goods to the grand Portage to reduce the prices which the North W est Company generally charged there for goods, and that he would contin ue to do so until he had effected that purpose. That Deponent went fro m thence to the Grand Portage where he saw one Hervieux trading on beha lf of the Plaintiff; and besides a
                          M Mailloux and one Boucher who were also trading goods of the same kind a s those which said Hervieux traded, as Deponent supposes.
                          That said Boucher was fitted out by the North West Company and took up t wo Canot loads of goods to the Grand Portage for the purpose of trading t here, that the amount of the said goods remaining on hand at the close o f the communication, last summer, according to the Inventory thereof wh ich Deponent saw was six thousand six hundred and ninety one livres nin eteen sols. That the amount of the goods of said Boucher remaining on h and at the grand Portage the preceeding year at the close of the Commun ication was fifty nine pounds seventeen shillings and one penny Currenc y. That Deponent saw the Canot load of goods belonging to M Mailloux a t the Grand Portage last summer. That the above mentioned Boucher & Mai lloux were the only traders that had been known at the Grand Portage fo r two or three years preceeding the last
                          year. That Deponent thinks it was their Interest to oppose the trade of s aid Hervieux. That from the year 1794 to 1798, inclusive, previous to M B oucher's going there, one Joseph Lecuyer used to trade at that first in t he same articles of trade as those carried on by Boucher and Mailloux
                          and to the best of Deponent's knowledge, was the only trader of that de scription there. That during the trade of the said Lecuyer, his Capital
                          or outfits amounted in the five years above mentioned, from four to fiv e thousand pounds, and that his share of the average profits during eac h of the said years was about one hundred and twelve pounds Cur. That D eponent conceives that a stranger has not the same advantages at the sa id Post as a person who has been in the Custom of Northwest Company thr ough the firm of McTavish, Frobisher and Company, the directorate of t he Northwest Company. Wallace, Documents Relating to the North West Com pany, 477.
                          Joseph Lecuyer was one of the witnesses in this case. His evidence appe ars trading there for several years. That during the time said Lecuyer
                          traded at the Portage the same number of men was there employed by the N orth West Company as have been since, that period as far as the Deponen t knows & believes.

                          Cross examined by Plaintiffs
                          Says; That he has no personal knowledge of M' Lecuyer's trading at the G rand Portage during four of the years above mentioned. That Deponent s aw him there for the first time in 1797, but that from the accounts in t he Books of M Tavish Frobisher & Co it appears that he had traded there f rom the year 1794 to 1798. That Deponent acquired this knowledge from t he Books of M Tavish Frobisher & Co which he examined this day. That De ponent cannot say at what rate the goods furnished by M Tavish Frobishe r & Co to said Lecuyer are charged in their Books. That in one of the y ears they are charged at 50 P Cent advance upon sterling, but ? cannot s ay in what year; the Deponent means English goods. That he cannot recol lect the advance charged upon liquors, but they are generally d prix fa it. That the part or share which M Lecuyer held in the concerns he carr ied on at the Grand Portage was one half as far as Deponent can recolle ct and the other half belonged to the North West Company. That part of M '' Lecuyer's outsits to the Grand Portage consisted of liquors but cann ot say what part. That said Lecuyer while Deponent was at Grande Portag e traded these goods with the Engages and other people. That during the t ime Deponent was at the Grand Portage in the year 1797, he never saw M' ' Lecuyer receive any skins from the trade he was then carrying on, and t hat Deponent did not understand that said Lecuyer traded any of the Pac tons brought by the engages although he might have done so as the Depon ent did not see any of his returns. Being asked how he Deponent, has s o precise a knowledge of the profits made by M Lecuyer during the years b efore mentioned as he declares he never saw any of Lecuyer's returns? A nswers, by the accounts, in which he supposes the returns are mentioned , but that he only looked at the balances and did not examine the accou nts. That the outfits of M' Boucher are also entered in the Books of M T avish Frobisher & Co the amount of which the Deponent cannot at present t ell, nor the profits he may have made during his trade at the Grand Por tage, That the Deponent came here to swear to M Lecuyer's accounts, and t hat he looked at them before he came. That Deponent arrived at the gran d Portage in the month of June or July last year but cannot recollect t he exact time, but that he arrived there before M Hervieux. That the D eponent when at the grand Portage, felt himself interested for the Nort h West Company his Employers. That Deponent mentioned to many persons t he conversation he had with M Rousseau the Plaintiff, while at Michili makanac and that he has mentioned the same to some of the partners of t he N. W. Company.
                          That the Defendant is one of the agents of the said Company at the Gran d Portage. That Deponent when at the Grand Portage considers himself a s under the direction of the said Defendant and of any others of the No rth West Company. That M Boucher's returns last year consisted of vario us kinds of skins but not chiefly of Buffaloe, Robes and Elk skins and v arious other things, such as blank in MS. That said Boucher traded tho se skins with the engages and the freemen of the Grand Portage and beyo nd it in the interior. That by Freemen the Deponent means men not engag ed to the North West
                          Company, nor to any other Company, and men whose engagements with the C ompany determine on their arrival at the Grand Portage from the Interio r. That the Deponent cannot tell how many freemen of the above discript ion there might have been at the Grand Portage during the course of las t summer. That there might have been a great number for what he knows. T hat Deponent was at the Grof the above discription [sic] there might ha ve been at the Grand Portage during the course of last summer.
                        • Abbrev: A British Legal Case and Old Grand Portage
                          Title: A British Legal Case and Old Grand Portage http://collections.mnhs.org/ MNHistoryMagazine/articles/21/v21i02p117-148.pdf
                          Repository:

                            Text: That there might have been a great number for what he knows. That Depon ent was at the Grand Portage last summer when the greatest part of the C anots arrived from the Interior. That he saw some of them arrive at th e Beach and unload that he does not recollect to have seen any skins in t hose Canots which commonly go by the name of Pactons. That the men who h ave such skins dispose of them at the option of their Bourgeois, as the D eponent has understood according to their agreement.
                            That the said skins or Pactons are considered as the Property of the me n, with those restrictions. The Deponent means the men of the North Wes t Company. That the Bourgeois of the North West Company do not sell tho se Pactons at the Portage for the men and Deponent believes that some o f the men who do not sell their Pactons at the Grand Portage bring them d owTi to Montreal, but he does not know how they dispose of them there.
                            H. M KINZIE

                            TESTIMONY OF WILLIAM MUNRO
                            W Munro maketh oath and saith that he is a Clerk to the said North West C ompany for these four years last past and resided during that period in t he North West or Interior Country. That the Engages of the said Company a re restricted by a particular clause in the articles of their agreement f rom trading on their own private account at the Grand Portage. That by t he word Pacton is understood and meant such skins as the men can get in t he Interior part of the Country and which consist of Buffaloe and Orign al skins. That the men who make such pactons are not permitted to trad e them at the Grand Portage without permission of their Employers.
                            Cross examined by Plaintiffs
                            Says that he arrived at the Grand Portage in the month of June last. Th at he saw one Paul Hervieux in the course of the day that the said Herv ieux arrived there. That he saw a Tent which he was informed one Durand h ad purchased from Hervieux that morning, which Tent had been cut up af terward, but he did not see it Cut up nor when it was burnt, and only s aw it after it had been Cut up.
                            WILLIAM MUNRO

                            TESTIMONY OF ANGUS SHAW
                            Angus Shaw deposeth and saith that he is not related to either of the P laintiffs in this cause nor interested in the event thereof. That he is B rother in law to Duncan M Gillivray the Defendant and has been so since S t Andrew's day last. That he is a Partner in the North West Company and t hat the Defendant is a partner of the house of M Tavish Frobisher & Co a nd as such has an Interest in the said North West Company.
                            ANGUS SHAW

                            TESTIMONY OF ALEXANDER MCLEOD
                            Alexander M Leod maketh oath and saith that he is not related to either o f the Plaintiffs in this cause, that he is a partner in the North West C ompany but not interested in the present cause That the Defendant Dunca n M Gillivray is a Partner in the house of M Tavish Frobisher & Co and a s such has an Interest in the said North West
                            For information on William Munro, see Gates, Five Fur Traders, 137 n. H e was a trader in the upper Red River district.

                            Company and acted during last summer, as one of the agents of the said N orth West Company at the Grand Portage.
                            ALEX. M'LEOD

                            TESTIMONY OF JOSEPH LECUYER
                            Translation
                            Joseph Lecuyer deposes that he was at Grand Portage in the summers of t he years from 1794 to 1798 inclusive. That he took with him some goods t o trade with the engages; that these goods amounted to about a thousand l ivres, present value, every year. That the first year he was on his own a ccount as far as Sault Ste. Marie, where he formed a partnership with M r. D Sutherland, then an agent of the North West Company; and the othe r years he was outfitted by the said North West Company. That the premi um that the said Company charged for their goods was fifty per cent Hal ifax upon the price sterling for the drygoods. That rum was charged the c urrent price at Montreal, likewise all the other merchandise except the
                            drygoods. That he was the only trading merchant during those three year s and the last year. The fourth year he had a neighbor, who traded as h e himself did. That he sold these goods for buffalo robes and elk skins ; and the larger part he exchanged for bons of the bourgeois. That ordi narily he made thirty to forty packs of these kinds of skins every year . That if these skins had been the sole trade, he would not have made m uch profit, because they were not selling well at that time. That his c hief profit came from the bons that he got. That the Company's men coul d sell these kinds of furs to the deponent vrithout the permission of t heir bourgeois, because he was in partnership vnth them; but that they w ere not allowed to trade with strangers without that permission, and if t hey had done so, they would not have had permission to bring the furs o ut from the wintering grounds. That the first year that he was at Grand P ortage he lost 13 on his trade; the second he gained 140; the third h e gained 172; the fourth he gained 25; and the fifth he gained 172; t hat the accounts current and the returns of these years are entered in t he books of the North West Company and signed by the deponent. That the d eponent occupied a little house belonging to the Company at Grand Porta ge, which was a little distant from the Big Fort. His house was on the s ame site as that on which Fort Boucher is now located, according to wha t he has been told.

                            Cross-examined by the Defendant
                            Says that these outfits during the years mentioned consisted of wearing -apparel of all kinds, such as capotes, jackets, and breeches. That he h ad them made from cloth supplied by the Company, which paid its share o f the making. That in addition he had rum, wine, and victuals; but that h is outfit consisted mostly of drygoods. That during his trade at the po rtage the fourth year there came there a man named Chandonnet, who did b usiness during the summer on his own account with a little assortment; t hat the said Chandonnet got some elk skins, chiefly by secret night-tra ding; that he made some five or six packs. That the said Chardonnet sta yed there at most a month. That the said deponent knows a man named Se raphim Lamare, who was at Grand Portage with the deponent a year as his c lerk and the following year was clerk of the said Chardonnet. That at t he time that the deponent was at Grand Portage there were some freemen w ho came out of the North country and brought some packs that they sold t o the bourgeois of the Company. That they held auctions sometimes, when t he bourgeois bought. That in these packs there were sometimes some beav er and martin skins. That by the bons of the bourgeois that he mentione d he refers to the notes of the bourgeois that he received from the men a s money for goods and drinks that he sold. That these bons were paid li ke wages to the men, to whom he granted goods. That the deponent believ ed that he had the right to sell to the engages who came from Montreal a s well as to those coming out of the v\nntering grounds, but that there w as little to gain.

                            A Charles Chandonnet was born in Quebec in July, 1763. Wisconsin
                            Historical Collections, 19: 305 n.
                            La Mar was a clerk in the Fond du Lac department in 1805, according to l ists of men in the various departments of the Northwest Company
                            for 1805. The Minnesota Historical Society has a photostatic copy of th e original list in the Masson Papers, McGill University Library,
                            Montreal. This name appears as Su: La Mar ? clerk, in Wallace, Document s Relating to the North West Company, 221, where it is included in a li st of engages and others employed in 1806 by the Northwest Company in t he Folle Avoine department, now part of western Wisconsin. This is a mi sreading of the original manuscript Minutes of the Northwest Company, J une 30, 1801-Feb. 28, 1811, in the Gerrard Papers, Bibliotheque St. Sul pice, Montreal. A photostatic copy of this document, in which the name a ppears as Ser. La Mar, is owned by the Minnesota Historical Society.

                            from the people from Montreal. That he sold seven or eight louis worth t o these people at best. Being asked if a comer and goer or a winterer f rom the interior, who had received wages, could use them to procure nec essities, he replied that that depended upon the bourgeois. If the man h ad need of something, he (the deponent) would advance it to him, if the l atter
                            wished, but that he was not obliged to give him money at the portage, n or at any other post, because the wages are paid in Montreal in money. T hat the accounts of the winterers returning to the interior are regulat ed at Grand Portage and they are given bills of exchange when they go d own to Montreal. He thinks that these men might sell these bills to wh omever they will. That the deponent is of the opinion that any merchant v oyageur having goods at Grand Portage could sell his goods to any engag e at all, if he knew him and wished to take the risk. That the deponent s old goods one year at Grand Portage for five hundred louis. That the se cond year the deponent was at Grand Portage there were some engages of M r. Robertson as
                            well as of the North West Company. That he sold nothing to Mr. Robertso n's engages except to one individual, whom he risked and lost thereby f orty livres. That Mr. Robertson prohibited his engages from selling the ir robes to others because he bought them himself.
                            Signed JOSEPH LECUYER

                            ROUSSEAU AND BAILLY V. MCGILLIVRAY
                            Court of King's Bench, Register of Common Pleas, Superior Term, 1803?05 , in Archives of the Judiciary District of Montreal.
                            Thursday 5 April 1804 . . . Dominique Rousseau & Joseph Bailly, merchan ts and Indian traders, & late co-partners trading
                            under the firm of Rousseau & Bailly, Plaintiffs vs. Duncan McGillevray o f Montreal also merchant & Indian trader, one of the House of Mc Tavish -Frobisher & Co., Defendant
                            The Court having heard the parties by their Counsel, and duly examined t he evidence of Record . . .It is CONSIDERED that the Plaintiffs do reco ver from the defendant the sum of FIVE HUNDRED POUNDS current money of t his province, with costs of suit.
                          • Abbrev: A British Legal Case and Old Grand Portage
                            Title: Nute Grace Lee, "A British Legal Case and Old Grand Portage," Minnes ota History, June 1940; Minnesota Historical Society, Minnesota H istory (http://collections.mnhs.org/MNHistoryMagazine/articles/21/v 21i02p117-148.pdf : accessed ).
                          • Abbrev: Michigan Voyageurs from the Notary Book of Samuel Abbott, Mackinac Island, 1807
                            Title: Samuel Abbott, Justice of the Peace, Michigan Voyageurs from the Notary B ook of Samuel Abbott, Mackinac Island, 1807-1817 http://www3.sympatico. ca/sneakers/abbottlist.htm
                            Text: The following list was transcribed with permission from the original ma nuscript - Mackinac Notary Book 1806-1818:
                            Repository:

                              Text: July 11, 1807 - Voyageur: Michael Du Bois - Works for: Joseph Bailly - P ar a Vache
                              July 16, 1807 - Voyageur: A. Menard - Works for: Joseph Bailly - Winter ed at: St. Josephs
                              August 6, 1807 - Voyageur: Baptiste Favera - Works for: Joseph Bailly - W intered at: St Joseph
                              August 6, 1807 - Voyageur: Louisson Wilmet - Works for: Joseph Bailly - W intered at: St Joseph
                              June 29, 1811 - Voyageur: Alexander Robinson - Works for: Joseph Bailly - W intered at: St Joseph
                              June 29, 1811 - Voyageur: Alexis Lavalle - Works for: Joseph Bailly - W intered at: St Joseph
                            • Abbrev: Michigan Voyageurs from the Notary Book of Samuel Abbott, Mackinac Island, 1807
                              Title: Samuel Abbott, Justice of the Peace, Michigan Voyageurs from the Notary B ook of Samuel Abbott, Mackinac Island, 1807-1817 http://www3.sympatico. ca/sneakers/abbottlist.htm
                              Text: The following list was transcribed with permission from the original ma nuscript - Mackinac Notary Book 1806-1818:
                              Repository:

                                Text: July 11, 1807 - Voyageur: H. Louis Carbier - Works for: Joseph Bailly - W intered at: Calimaneau (Calumet)
                              • Abbrev: Michigan Voyageurs from the Notary Book of Samuel Abbott, Mackinac Island, 1807
                                Title: Samuel Abbott, Justice of the Peace, Michigan Voyageurs from the Notary B ook of Samuel Abbott, Mackinac Island, 1807-1817 http://www3.sympatico. ca/sneakers/abbottlist.htm
                                Text: The following list was transcribed with permission from the original ma nuscript - Mackinac Notary Book 1806-1818:
                                Repository:

                                  Text: June 21, 1807 - Voyageur: Antoine Legaurd - Works for: Joseph Bailly - W intered at: Cancici (Kankakee)
                                  June 21, 1807 - Voyageur: Baptiste Lestarige - Works for: Joseph Bailly - W intered at: Cancici
                                  June 22, 1807 - Voyageur: Ignias Lafontaine - Works for: Joseph Bailly - W intered at: Cancici
                                • Abbrev: BLM-GLO Records - US Bureau of Land Management, Washington, DC
                                  Title: Electronic Land Patent Images, BLM-GLO Records - US Bureau of Land Mana gement, Washington, DC http://www/glorerecords.blm.gov/PatentSearch/
                                  Text: 21 June 1811
                                  Dominick Rousseau
                                  Mackinac Island
                                  1,640 sq ft - 55 ft NE x 30 ft SE x 55 ft SW x 30 ft N
                                  ?.beginning on a lane between this lot and a lot confirmed to Andre Lar rone, thence north twenty-seven degrees, forty-five minutes, East fifty -five feet to the South line of a lot confirmed to Joseph Gui, thence S outh sixty-four degrees, East thirty feet to the North West corner of a l ot confirmed to Simon Champagne, thence South twenty-seven degrees, for ty-five minutes West, fifty-five feet to the aforesaid lane, thence nor th fifty-four degrees and thirty feet to the place of the beginning?.
                                • Abbrev: BLM-GLO Records - US Bureau of Land Management, Washington, DC
                                  Title: Electronic Land Patent Images, BLM-GLO Records - US Bureau of Land Mana gement, Washington, DC http://www/glorerecords.blm.gov/PatentSearch/
                                  Text: 13 Jun 1812
                                  Rousseau and Bailly, joint tenants
                                  Mackinac Island
                                  21,415 sq ft - 230 ft NW x 84 ft NE on Market Street x 240 ft SE x 96 f t SW on the shore of Lake Huron
                                  Reserving 100 ft in width in front, for the use of a public street at M ichilimackinac
                                  ?.beginning on the border of Lake Huron between this tract and a tract c onfirmed to Michael Dousman, thence North sixty-one degrees fifteen min utes West two hundred thirty feet to Market Street, thence along the sa id Street north twenty-seven degrees forty-five minutes East eighty-fou r feet, thence South sixty-four degrees forty-five minutes East two hun dred forty feet to the border of Lake Huron between this tract and a tr act confirmed to Rocheblave and Porlier; thence along the border of the s aid Lake South thirty-three degrees fifteen minutes West ninety-eight f eet seventy-seven hundredths of a foot to the place of the beginning?.
                                • Abbrev: Collections and Researches Made By The Michigan Pioneer Historical Society - Vo
                                  Title: Michigan Historical Society - Lansing, Michigan, Collections and Resear ches Made By The Michigan Pioneer Historical Society - Vol. 16 http://s earch.ancestry.com/db-lhbum5298g/P1135.aspx
                                  Repository:

                                    Text: 2. The Michigan Fencibles were militia raised at Mackinac by Mr. Bailey o f the commissariat at that fort. Bailey was not allowed to go with them , his duties at Mackinac preventing. The men were Canadians, enlisted f rom the service of the Indian traders; not much reliance was placed on t heir effectiveness as soldiers. The only warrant for styling them "Mich igan Fencibles" was that these Canadians were sojourning in Michigan te rritory when the company was organized.
                                  • Abbrev: 1820 Federal Census of Indiana
                                    Title: US Census Bureau, 1820 Federal Census of Indiana http://www.rootsweb.co m/~inripchs/1820/b-names.html
                                    Text: Index only........Bailey, Joseph
                                    Repository:
                                    • Abbrev: 1820 Federal Census for Michigan
                                      Title: US Census Bureau, 1820 Federal Census for Michigan http://members.tripo d.com/~tired/1820brow.html
                                      Repository:
                                      • Abbrev: Collections of the State Historical Society of Wisconsin. Volume 11LIST OF TR
                                        Title: State Historical Society of Wisconsin, Collections of the State Histori cal Society of Wisconsin. Volume 11
                                        LIST OF TRADERS. http://memory.loc.gov/cgi-bin/query/r?ammem/lhbum:@fie ld(DOCID+@lit(lhbum7689adiv177)):
                                        Repository:

                                          Note: American Fur Company Invoices
                                          Text: Page 372
                                          Joseph Bailly, for trade on Lake Michigan, &c. Michilimackinac, 10 Augu st, 1821
                                          Page 375
                                          Joseph Bailly. Michilimackinac, August 28, 1822.
                                        • Abbrev: History of Valparaiso, Porter County, Indiana
                                          Title: City of Valparaiso, History of Valparaiso, Porter County, Indiana http: //www.ci.valpairaiso.in.us/CityHistory/city-history.htm
                                          Note:
                                          Joseph Bailly established a trading post twelve miles north of the site o f Valparaiso on the Sauk and Fox trail leading from Rock Island, Illino is to Detroit. He was the first settler in Porter County, Indiana.
                                          Repository:
                                          • Abbrev: Chicago Democrat newspaper
                                            Title: Chicago Democrat newspaper Chicago, Illinois
                                            Repository:

                                              Note: A small community called Baillytown developed around the trading post.
                                            • Abbrev: National Register of Historic Places - Indiana, Porter County
                                              Title: National Register of Historic Places - Indiana, Porter County http://ww w.nationalregisterofhistoriceplaces.com?IN/Porter/districts.html
                                              Repository:

                                                Text: Indiana - Porter County - Historic Districts - Bailley, Joseph, Homeste ad - added 1966 - Porter County #660000005 - also known as Bailly, Jose ph, Homestead and Cemetary - West of Porter on US 20 in Indiana Dunes N ational Lakeshore, Porter - 452 acres, 5 buildings - Historic Significa nce: Architectural/Engineering, Person - Architect, Builder or engineer : Unknown - Architectural Style: No Style Listed - Historic Person: Bai ley, Joseph - Significant year: 1822, 1834, 1914 - Area of Significance : Commerce, Agriculture, Exploration/Settlement, Social History - Perio d of Significance: 1800-1824, 1825-1849, 1850-1874, 1875-1899-1900-1924 - O wner: Federal - Historic Function: Funerary, Religion, Social - Histori c Sub-Function: Cemetary, Religious Structure, Secondary Structure, Sin gle Dwelling - Current Function: Domestic, Funerary, Vacant/Not In Use, W ork in Progress - Current Sub-Function: Cemetary, Secondary Structure, S ingle Dwelling
                                              • Abbrev: Pioneer History - Early Lake County Travels: (from the Nov. 29, 1989, Lowell Tr
                                                Title: Richard C. Schmal, Pioneer History - Early Lake County Travels: (from t he Nov. 29, 1989, Lowell Tribune, page 8) http://www.lowellpl.lib.in.us /s1989nov.htm
                                                Repository:

                                                  Text: Jeremiah Church, from New York, explored the Lake Michigan shores from 1 820 to 1840, and wrote about his travels in 1845. In 1831 Church and hi s brother finished laying out town lots in Ottawa, Ill., and hired a ma n with a wagon and a yoke of black oxen to take them to Chicago. They c laim to have made the 80 mile trip in less than three days. Upon reachi ng Chicago, they saw only six houses and many wigwams and had an enjoya ble time visiting with the French trappers and the Indians. They then t ook passage in a wagon going to Michigan through the Indian county via t he beach, camped one night, slept on a bed of sand, and then arrived at a n 'old Frenchman's' house the next morning. Jeremiah's brother wanted t o stay at the Bailey settlement, for he almost fell in love with a half -Indian daughter of Joseph Bailey, 1822 pioneer of Porter County and th e only white settler there for almost 10 years. Bailey had married an I ndian maiden of the Ottawa tribe, and they had four daughters. Their ho me is now a part of the Indiana Dunes Lakeshore National Park in Westch ester Twp.
                                                  Finally, the brother decided that the Indian life was not for him, so o n they went through the Potawatomi Nation and tried to buy land at Door P rairie for the purpose of laying out a village. A clear title was not a vailable, so they went back on that rugged trail to Detroit, which they d escribed as a "very beautiful place." In a few months, Jeremiah return ed to the Bailey Homestead without his brother and enjoyed the life the re for three days, resting and hunting. Making a new start for Chicago , he said that it was about 50 miles from there to the mouth of the Cal umet River. They had to camp one night and they slept in a broken canoe . Next day, they reached the mouth of the river, where a man and his In dian wife were in charge of a ferry. When told there was no food, Jerem iah shot a blackbird, which was served for breakfast with some coffee o ffered by the Indian. His next trip to Chicago was in a peddler's wago n: "We struck the lake where Michigan City now stands, ours being the f irst carriage of any kind that had been there, and there was not a whit e man living within twelve miles of the place at that time." In 1834 he r eturned again to Chicago to find that a large town had been built in th ree years.
                                                • Abbrev: National Park Service - Indiana Dunes National Lakeshore - Bailly Homestead
                                                  Title: National Park Service staff, National Park Service - Indiana Dunes Nati onal Lakeshore - Bailly Homestead http://www.nps.gov/indu/History/baill y.htm
                                                  Text: The Bailly Homestead, a National Historic Landmark, was the home of Hon ore Gratien Joseph Bailly de Messein (1774 - 1835). Bailly played a rol e in the development of the Calumet Region of northern Indiana. He was a n independent trader in the extensive fur-trading network that spread f rom Montreal to Louisiana, and ultimately to Europe. Joseph Bailly was o ne of the earliest settlers in northern Indiana. In 1822 Bailly set up h is fur trading post at the crossroads of several important trails, incl uding the Tolleston Beach and northern branch of the Sauk Trail. He pro vided a meeting place for Native Americans and Euro-Americans. Except f or White Pigeon, Michigan, Bailly's trading post was the only stopping p lace for travelers and missionaries between Chicago and Detroit. The Ba illy Homestead complex is the last remaining site of its nature in the C alumet Region, both in its capacity as a fur trading post and in its ve rnacular architectural features and construction types. The Bailly Home stead was authorized as a National Historic Landmark in 1962.
                                                  Bailly acquired formal title to the Homestead and the surrounding tract s of land, totaling over 2,000 acres, in the 1830's when the Calumet Re gion was officially opened to Euro-American settlement. At his death ti tle passed to his family. The Homestead proper was left to his wife and s egments of the acreage to each of his children.
                                                  Repository:
                                                  • Abbrev: 1824-1825 Licenses Issued At Michigan Superintendency
                                                    Title: 2008/11/09 17:44 by plhamp, 1824-1825 Licenses Issued At Michigan Super intendency http://www.mfhn.com/Native/%28X%281%29S%28kkmz1ir0dvxiynu0pf 40qgjd%29%29/1824-25TraderLicensesMISupt.ashx
                                                    Repository:

                                                      Text: Surname Given Date Of License Agency Place Of License Amount of Capitol Amount Of Bond

                                                      BAILLEY Joseph Michilimackinac Kankakee Lac Michigan 1000.00 3500.00
                                                    • Abbrev: 1826-1827 Licenses Issued At Michigan Superintendency
                                                      Title: 2008/11/09 17:44 by plhamp, 1826-1827 Licenses Issued At Michigan Super intendency http://www.mfhn.com/Native/%28X%281%29S%28kkmz1ir0dvxiynu0pf 40qgjd%29%29/1824-25TraderLicensesMISupt.ashx
                                                      Repository:

                                                        Text: 1826 Sept 4 BAILLY Joseph Mackinac Little Kalleeminek $1,200.00 $2,600. 00
                                                      • Abbrev: U. S. Census 1830
                                                        Title: St. Joseph Co., Indiana, U. S. Census 1830 Washington DC: National Arch ives micropublication M19-26
                                                        Repository:

                                                          Page: page 417, Joseph Bailly household
                                                          Text: Joseph Bailly, 1M 50-60.
                                                        • Abbrev: Treaty of Camp Tippecanoe, Indiana with the Potowatomie - October 20, 1832
                                                          Title: US Bureau of Indian Affairs, compiled and edited by Charles J. Kappler, C lerk to the Senate Committee on Indian Affairs, Treaty of Camp Tippecan oe, Indiana with the Potowatomie - October 20, 1832 Indian Affairs, Law s and Treaties, Volume II (Treaties) - Government Printing Office, Wash ington, 1904
                                                          Text: For the five daughters of Mo-nee, by her last husband, Joseph Bailey, t wo sections.

                                                          In an addendum to the treaty, claims against the tribes included $1,250 b y Joseph Balies and $400 by Robert A. Kinzie.
                                                          Note:
                                                          The treaty was signed between Jonathan Jennings, John W. Davis and Mark s Crume - Commisioners on the part of the United States and the Chiefs a nd Headmen of the Potowatomie Tribe of Indians of the Prairie and Kanka -ke. It ceded all land in the State of Indiana except certain reservat ions that were granted to individuals or villages within the bands.
                                                          Repository:
                                                          • Abbrev: Treaty With The Chippewa, Etc. - 1833
                                                            Title: George B. Porter, Thomas J.V. Owen and William Weatherford, Commissione rs, Treaty With The Chippewa, Etc. - 1833 Indian Affairs - Laws and Tre aties - Vol. II (Treaties); compiled by Charles J. Kappler, Washington 1 904
                                                            Text: Schedule A- containing the sums payable to Individuals in lieu of Reser vations (Kappler-page 406)
                                                            Repository:
                                                              Name: Parmly Billings Library
                                                              Billings, Montana 59101

                                                            Page: Schedule A (Kappler page 406)
                                                            Note: appended to Article 3rd - consisting of $100,000 awarded to individuals f or whom personal reservations of land along Lake Michigan were requeste d by the Menominee Indians, and were denied by the commissioners.

                                                            Date: 26 September 1833
                                                            Text: Joseph Bailly - $4000
                                                          • Abbrev: Bailly Cemetery - Porter County, Indiana - Enumeration
                                                            Title: David R. Frederick from National Park Service Research Records and Pres s Releases, Bailly Cemetery - Porter County, Indiana - Enumeration not p ublished - compiled and reported to Porter County, Indiana Genweb 20 No vember 2002
                                                            Text: The Bailly Cemetery is located on Mineral Springs Road between US Highw ay 12 and US Highway 20, within the Indiana Dunes National Lakeshore. I t was not maintained for many years and was in a declined condition whe n the park was created in 1960, but is perpertually preserved in histor ic condition by the National Park Service. The cemetery is some distan ce north of the Bailly Homestead, but a convenient walk from the Park H eadquarters. Archaelogical research has revealed that the property was u sed as a burial ground before recorded history. There is at least one g rave that is probably a Potowatomi Indian, and two graves of whites whi ch predate the Bailly family. National Park Service research once iden tified the Bailly graves as ten year old son Robert Bailly, Joseph and M arie, two daughters, a stepdaughter, a son-in-law, and two grand-daught ers.

                                                            Listed in order of burial, they are:

                                                            1. Prehistoric burial - probably Potowatomi
                                                            2. Isaac Shellinger - died 1811
                                                            3. Rhoda Shellinger - died 1816
                                                            4. Robert Bailly 1817-1827 - son
                                                            5. Joseph Bailly 1774-1835 - father
                                                            6. Esther Whistler 1811-1842 - daughter
                                                            7. Francis Howe 1811-1855 - son-in-law
                                                            8. Rose Bailly Howe 1842 - 1879 - grand-daughter
                                                            9. Marie Bailly 1783-1866 - mother
                                                            10.Rosene Marie Howe 1815-1891 - daughter
                                                            11. Frances Howe 1811-1917 - grand-daughter

                                                            The National Park Service has seven additional headstones which may hav e been removed from the perimeter of the cemetery, and five more burial s were mentioned in local publications.
                                                            Repository:
                                                            • Abbrev: Chesterton First United Methodist Church History
                                                              Title: Rev. Henry M. Braun, Chesterton First United Methodist Church History h ttp://www.chesterton-umc.org/ChurchHistory.html
                                                              Note:
                                                              NOTE: In 1936 the Rev. Henry M. Braun wrote a history of Methodists in C hesterton in time for the tenth anniversary of the construction of the b uilding at Porter Ave. and Second Street.
                                                              Repository:

                                                                Text: For our record of Methodist activity in Chesterton we need go back no f urther than 1822 for the proper perspective. That year marked the appea rance of the fur trader Joseph Bailly. By 1824 his trading post at Bail lytown on the banks of the Little Calumet River was well established an d he was living in a substantial log cabin. This French Catholic was th e only white resident in what is now Porter County.

                                                                In 1834 others came and settled in the township: William Thomas, Sr., W illiam Gossett, Jacob Beck, John Hageman, John I. Foster, William Colem an, and others. Most, perhaps all, of these named were Methodists.

                                                                Jacob Beck, if not licensed as a local preacher, was certainly the clas s leader. It was he who looked after Methodist interests between the vi sits of the preacher, teaching the Sunday School, leading the prayer me etings, admonishing evil-doers, and praying with the sick and dying, ev en burying the dead. Joseph Bailly, sick unto death in 1835, and realiz ing that there was no Catholic priest conveniently near, turned to Beck t o make his funeral arrangements. When he died early in December of that y ear it was Beck who buried him.
                                                              • Abbrev: Wolves Against The Moon
                                                                Title: Altrocchi, Julia Cooley, Wolves Against The Moon MacMillan Company, New Y ork 1940
                                                                Note:
                                                                512 pages, a biography of Honore Joseph Bailly de Messein covering the y ears 1794-1835.
                                                                Repository:

                                                                  Text: A panoramic view of fur trading in Canada and the north central United S tates, Wolves Against the Moon covers the years 1794 to 1835. Joseph B ailly de Messein, a Canandian of French descent, ignores his father's w ishes and becomes an independent fur trader, going first to the territo ry north of Quebec, then to Mackinac Island, and finally into northern I ndiana and Illinois. Although a major portion of this novel is set in a reas other than Illinois, the sections concerning the Fort Deerborn mas sacre and the Council at Chicagou, at which the Indians sign away their r ights to the land around Lake Michigan. enable the reader to put these e vents in Illinois history into their proper perspective. The author pr esents a wealth of information about Indians and Indian life in a frank a nd unbiased manner. - Book Review Digest, 1940, page 16-17
                                                                • Abbrev: From a Bailly Point of View - An Introduction to the First Pioneer Family of No
                                                                  Title: Olga Mae Schlemann, From a Bailly Point of View - An Introduction to th e First Pioneer Family of Norhwestern Indiana Duneland Historical Socie ty, 1955
                                                                  Repository:
                                                                  • Abbrev: Directory City of Chicago. 1896. - Obituary
                                                                    Title: File contributed by Deb Haines, Directory City of Chicago. 1896. - Obit uary http://ftp.rootsweb.com/pub/usgenweb/il/cook/obits/n/names28nob.tx t
                                                                    Note:
                                                                    Names, places, dates, and ages at death of some of Chicago's Old Settle rs,
                                                                    prior to 1843, and other well-known citizens who arrived after 1843, to gether
                                                                    with others prominently connected with Illinois history:
                                                                    Repository:

                                                                      Text: Bailly, Joseph, died, Baillytown, Ind., December 21, 1835, aged 61.
                                                                    • Abbrev: BLM-GLO Records - US Bureau of Land Management, Washington, DC
                                                                      Title: Electronic Land Patent Images, BLM-GLO Records - US Bureau of Land Mana gement, Washington, DC http://www/glorerecords.blm.gov/PatentSearch/
                                                                      Text: Bailly, Joseph IN Porter 3/15/1837 La Porte 121 IN1600__.11 7 138.61 N/fract 33 37 N 6W 2nd PM
                                                                      Bailly, Joseph IN Porter 3/15/1837 La Porte 122 IN1600__.118 6.12 N/fract 34 37 N 6W 2nd PM
                                                                      Bailly, Joseph IN Porter 3/15/1837 La Porte 1662 IN1630__.154 62 W1/2NE 32 37 N 6W 2nd PM
                                                                      Bailly, Joseph IN Porter 3/15/1837 La Porte 20 IN1600__.018 160 SE 28 37 N 6W 2nd PM
                                                                      Bailly, Joseph IN Porter 3/15/1837 La Porte 2031 IN1630__.386 16 0 SW 13 37 N 6W 2nd PM
                                                                      Bailly, Joseph IN Porter 3/15/1837 La Porte 27 IN1600__.025 112. 65 S1/2NE 34 37 N 6W 2nd PM
                                                                      Bailly, Joseph IN Porter 3/15/1837 La Porte 28 IN1600__.026 79.5 E1/2SW 28 37 N 6W 2nd PM
                                                                      Bailly, Joseph IN Porter 3/15/1837 La Porte 29 IN1600__.027 80 W 1/2NE 27 37 N 6W 2nd PM
                                                                      Bailly, Joseph IN Porter 3/15/1837 La Porte 918 IN1610__.413 61 .94 W1/2SW 28 37 N 6W2nd PM

                                                                      Bailly, Joseph IN Porter 3/20/1837 La Porte 2382 IN1640__.194 80. 28 W1/2NW 19 37 N 5W 2nd PM
                                                                      Bailly, Joseph IN Porter 3/20/1837 La Porte 2383 IN1640__.195 80. 62 W1/2SW 19 37 N 5W 2nd PM
                                                                      Bailly, Joseph IN Porter 3/20/1837 La Porte 2384 IN1640__.196 320 S1/2 23 37 N 6W 2nd PM
                                                                      Bailly, Joseph IN Porter 3/20/1837 La Porte 2385 IN1640__.197 120 E1/2 SWNE 24 24 37 N6W 2nd PM
                                                                      Bailly, Joseph IN Porter 3/20/1837 La Porte 2386 IN1640__.198 80 N1/2SW 24 37 N 6W 2nd PM
                                                                      Bailly, Joseph IN Porter 3/20/1837 La Porte 2387 IN1640__.199 16 0 SE 24 37 N 6W 2nd PM

                                                                      Bailey, Joseph IN Porter 3/30/1837 La Porte 4895 IN1690__.126 25 .94 Lot 3 31 37 N 6W 2nd PM
                                                                      Bailey, Joseph IN Porter 3/30/1837 La Porte 4897 IN1690__.127 82 .48 W1/2SW 31 37 N 6W2nd PM
                                                                      Bailey, Joseph IN Porter 3/30/1837 La Porte 4898 IN1690__.128 65 .3 Lot 4 31 37 N 6W 2nd PM
                                                                      Bailey, Joseph IN Porter 3/30/1837 La Porte 4899 IN1690__.129 75 .48 Lots 5,6 31 37 N 6W 2nd PM
                                                                      Bailey, Joseph IN Porter 3/30/1837 La Porte 4900 IN1690__.130 60 .93 Lot 3 34 37 N 6W 2nd PM
                                                                      Bailey, Joseph IN Porter 3/30/1837 La Porte 5316 IN1700__.043 40 SESE 29 37 N 6W 2nd PM
                                                                      Repository:
                                                                      • Abbrev: Joseph Bailly, Dunes Settler
                                                                        Title: Martha Miller, Joseph Bailly, Dunes Settler Shirley Heinze Land Trust - P ublications -- 444 Barker Road - Michigan City, IN 46360
                                                                        Note:
                                                                        Joseph Bailly, Dunes Settler By Martha Miller, Illustrated by Joyce Ke ane and Dale Fleming, revised edition 1987, paperback, 22 pages. A f riend of the Indians, a friend of the new settlers. The first white man t o live in the Indiana Dunes, Joseph Bailly.?
                                                                        Repository:
                                                                        • Abbrev: U.S. Army Travel Pass for Joseph Bailly - War of 1812
                                                                          Title: H. Butler, Commandant, U.S. Army Travel Pass for Joseph Bailly - War of 1 812 http://www.usgennet.org/usa/in/state/porter_co/westchester_township .htm
                                                                          Text: To All Officers Acting Under The United States, Detroit 15 Mar 1814
                                                                          The bearer of this paper, Mr. Joseph Bailly, a resident on the bor der of Lake Michigan near St. Josephs, has my permission to pass from t his post to his residence aforesaid. Since Mr. Bailey has been in Detr oit, his deportment has been altogether correct, and such as to acquire m y confidence; all officers, civil and military, acting under the author ity of the American Government will therefore respect his passport whic h I accord to Mr. Bailly, and permit him not only to pass undisturbed, b ut if necessary to yeild to him their protection.
                                                                          H. Butler
                                                                          Commandt M. Territory and its Dependencies, and the Western District of U . Canada
                                                                          To all officers of the A. Government
                                                                          Repository:
                                                                          • Abbrev: From a Bailly Point of View - An Introduction to the First Pioneer Family of No
                                                                            Title: Olga Mae Schlemann, From a Bailly Point of View - An Introduction to th e First Pioneer Family of Norhwestern Indiana Duneland Historical Socie ty, 1955
                                                                            Repository:

                                                                              Text: Letter to John Lawe at Green Bay, from Robert Dickson:
                                                                              Winnebago Lake, Feb. 11, 1814
                                                                              Dear Sir - Mr. Grignon?s man going to LaBaye, by him I am sending this, I h ave to acquaint you with six Indians, mostly Pottawatomies, having arri ved here yesterday. I immediately on their arrival suspected them to b e spies for the enemy, or the advanced party of a greater number. I as ked them what they were; and told them in a stern manner if they were P ottawatomies, they should walk off immediately. On this they presented t wo letters from Mr. Chandonnet, informing me all of the traders on the s outh side of the lake, having been taken by the Americans, and carried t o Detroit. The six Indians did not deny this, but wished and seemed an xious to have us think that there were no Indians employed in this busi ness.
                                                                              They say John Bapt. Chandonnet, and Burnet, were the leaders; and that t here were only six Frenchmen in all who took the traders. I suspect th e truth to be that a strong party of Pottawatomies were employed in thi s business; and that the other Indians were either unable; or perhaps u nwilling, to protect them. Chandonnet is alarmed, and with much reason . ****
                                                                            • Abbrev: From a Bailly Point of View - An Introduction to the First Pioneer Family of No
                                                                              Title: Olga Mae Schlemann, From a Bailly Point of View - An Introduction to th e First Pioneer Family of Norhwestern Indiana Duneland Historical Socie ty, 1955
                                                                              Repository:

                                                                                Text: Petition of Joseph Bailly, Merchant Trader to Sir George Prevost, Comma nder of All British Forces in Canada, dated 17 March 1815??.for reimbu rsement of losses suffered in 1814 at the hands of Bailly?s American ca ptors while in service to the British cause:

                                                                                **** That the American government had, after the capture of Detroit, le arned of the injury your Suppliant had done them in arming against them i n the Nations above mentioned and sent an armed force to arrest your Su ppliant: That this troop pillaged the stores of merchandise of your Su ppliant, destroyed his establishments and other properties more fully e numerated in the list, Exhibit B, and took him prisoner.
                                                                                That your Suppliant, having been detained three months, was released on p arole on the shore of Lake Michigan, and was later rescued by a party o f Indians which Colonel McDowell had sent to find him. Lieutenant Chan donnais of the Department of Indians in the West was in command of the p arty and he took him to Michillimackinac.
                                                                                In addition to the considerable losses suffered by your Suppliant durin g his captivity, he again suffered very much at the time of his deliver ance by the same party commanded by Lieutenant Chandonnais who took pos session of the stores of merchandise noted in the list of Exhibit C wit h the promise that the value of the said merchandise would be paid by t he British Government.****
                                                                              • Abbrev: The Potawatomis: Keepers of the Fire
                                                                                Title: R. David Edmunds, The Potawatomis: Keepers of the Fire
                                                                                Text: Pages 201-202
                                                                                In early January, 1814, a party of American Indian agents and interpret ers led by Robert Forsyth suprised and captured Joseph Bailly and thre e other traders living among the St. Joseph villages. The Potawatomis d id not oppose the seizure, and Dickson accused them of compliance in th e action.

                                                                                Sources Cited: 1. Anthony Butler to the Secretary of War, January 23, 1 814, Potawatomi file, Great Lakes Indian Archives 2. John Whistler to M cArthur, July 1, 1814, Potawatomi file, Great Lakes Indian Archives 3. W isconsin Historical Collections, Vol. X, page 112 and Vol. XIX, pages 1 59-60
                                                                                Repository:
                                                                                • Abbrev: The Bailly Trading Post
                                                                                  Title: A.L. Spooner, The Bailly Trading Post http://ncha.neats.net/data/The_Ba illy_Trading_Post/
                                                                                  Text: He married Marie La Fever of Monroe, Michigan, a daughter of a French-I ndian and a cousin of Chief Shabbona, widow of DeLavigne, a medicine ma n.
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