A History of the Illinois Judicial Systems

              A History of the Illinois Judicial Systems
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A History of the Illinois Judicial Systems
Chapter I
Illinois Prior to United States Jurisdiction
Prior to the first European expeditions into Illinois in 1673, and for about a hundred
years after that time, the dominant Indian nation in this area was the Illini
confederation or the "real men." The confederation was composed of five tribes: the
Tamaroas, Michigamies, Kaskaskias, Cahokias, and Peorias. Once the rulers of a
vast part of the mid-continent, they were continually pressed into an ever smaller
area by other tribes and nations (including the Fox, Sauk, Iroquois, Miami,
Kickapoo, Ottawa, Chippewa, Winnebago and Pottowatamie).
All the tribes that dwelled in the Illinois region were basically similar in cultural
development. These tribes were both hunters and agriculturists. They had
permanent villages where they raised corn and other vegetables, but they spent
much of their time roaming in search of game.
Because of their primitive weapons, hunting was a communal activity. Due to the
severe environment and hostile neighbors, the community was necessary for
protection. This necessary communal life made a clear code of conduct and a simply
structured judicial system vital. There was no true system of writing, and the code
of conduct varied from tribe to tribe and even from clan to clan. But the
governmental organization, including the judicial system, was similar among many
of the tribes in the Midwest. A study of the Illini's judicial system discloses the basic
characteristics of all tribes in the area.
The basic unit was a primary family. Primary families lived together in an extended
family. Extended families joined together into a clan. Each clan claimed a common
ancestor, and the clans were united into tribes. In some cases, such as the Illini,
the tribes were united by common custom and language into confederations or
nations. Every family, extended family, tribe, and clan had a chief or leader. The
position of clan or tribal chief was hereditary.
These leaders performed the legislative and judicial activities for the tribes. When
misconduct involved only one clan, the heads of extended families of that clan
would meet with the clan chief presiding and make a decision. When a violation
affected only the extended family, the family heads sat in council with the extended
family head presiding. The same system was used at the tribal and national levels,
with the tribal or the national chief presiding. All decisions had to be unanimous.
Once a decision was made at one level there was no appeal to a higher level. There
being no executive branch of government, general consent was necessary for
execution of all decisions. However, because the leaders were highly respected
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