t PERKINS LIBRARY Dulce University Kare Dooks THE POLITICAL REGISTER. VOLUME L THE Political Regi/kr; O R, PROCEEDINGS SESSION OF CONGRESS, COMMENCING NOVEMBER 3*^, 1794, ANDj ENDING MARCH 3^*, I795. WITH An APPENDIX, CONTAINING A SELECTION of PAPERS LAID BEFORE CONGRESS DURING THAT PERIOD. By JAMES THOMSON CALLENDER. VOL. I. PHILADELPHIA, PlilNrED BT THOMAS DOBSON, AT THE «TONK-KOVSE, N°4I, SOUTH SECOND-STP E E T, M.DCC.XCV Cop^=ngf)t fecureo according to Lato. B PREFACE. i HE firft (ketch of this publi- cation confifted of notes taken laft winter, in the Houfe of Reprefentatives of Congrefs, for the Philadelphia Gazette. This circum- flance will explain the reference which fome- times occurs, in the courfe of thefe debates, to that particular newfpaper. The value of a work like the prefent de- pends entirely upon its accuracy, and hence it becomes proper to give fome account of the niaterials that form the prefent volume. In the firft place, the Journals feverally printed by the Senate and Houfe of Reprefentatives, have, with a veiy few abbreviations of the official ftile, been incorporated into the text. As to the debates in the Houfe of Reprefen- tatives, VI PREFACE. tatives, I attended every day, during the whole Sellion, and I have done whatever was in my power to give a candid account of what pafled in that place. It was beyond my expectation to be either entirely accurate or complete. The Journal of the Houfe hath fmce enabled me to correct a variety of minute miftakes that were inevitable in the hafte of a daily publication. The kindnefs of the members afforded confiderable alTill- ance. , The fpeech of Mr. Vans Murray, on the 25th of November, is now, by the help of his notes, publiflied complete for the firft time. It was, at that time, mentioned in the Philadelphia Gazette, that part of his remarks had been omitted from an ab- folute want of leifure either to tranfcribe or print them. The obfervations made by Mr. Ames, on the 26th of November were chiefly taken from his own notes. The fpeech of Mr. Giles on the fame day, was afterwards publijGhed, and, as it appears, from his notes, in the General Advertifer. Another Iketch of it had previoufly been inferted in the Philadelphia Gazette ; and from the latter a few fentences are now added to the former, fo that his remarks appear PREFACE. Vii appear at prefent in a more complete {hapc than they did in either of the preceding pub- lications. The fpeech of Mr. Sedgwick, on the 25th of November, is an inftance of the fame kind, a (ketch of it having alfo been publifhed from his own manufcript in the Gazette of the United States. That of Mr. Dexter on the fame day, was written out by himfelf for the fame newfpaper, and is re- printed here without any alteration whatever. The fpeech of Mr. Chriflie, on the 25th of November, I received in manufcript from that gentleman himfelf, he having, at my particular requeft, taken the trouble to tran- fcribe it. During laft winter, repeated notice was given in the Philadelphia Gazette, as well as to feveral Members perfonally, that any corred;ions of incidental miftakcs would be carefully inferted. Not more than five or fix were offered, and this forms a prefumption that the inaccuracies were neither numerous nor important. In the Appendix are added a Selection of Papers, that feemed to deferve publication. The letters from General Wayne of the 14th and 28th of Auguft, 1794, with fome of the 2 depofitions 't£ viii PREFACE. depofitions that follow them, have been already printed, but they were fo connected with fome other articles in this Appendix, that it has been thought expedient for the fake of completenefs to re-publifh the whole. If this publication fhall meet with a fa- vourable reception, a continuation of it will appear, in a few months. Philadelphia, 1 gth May, 1 7 95. J Ph 2 ERRATUM. Page 118, line i, for 28th of November, read, zCti 0/ November, Political Regijler. vJN Monday, the third of November, One Thoufand, Seven Hundred, and Ninety-four, beini^ the day appointed by law for the meeting at Philadelphia of the fecond fcffion of the third Congrefs, held under the conflitution of government of the United States, the following members oF the Houfe of Reprefentatives appeared, and took their feats, to v/it ; from New-Hampjhire^ Nicholas Gilman, Jeremiah Smith, and Paine Wingate. Ma/facbiifets, Fiflier Ames, David Cobb, Henry- Dearborn, Dwight Fofter, BenjaT.in Goodhue, Samuel Holten, George Thatcher, Peleg Wadf- worth, and Artem.as Ward. Connedicut, Jofliua Coit, Amafa Learned, Zepha- niah Swift, Uriah Tracey, and Jonathan Trum* bull. Vermont^ Ifrael Smith. New-Tork, Theodorus Bailey, Philip Van Cortlandt, and John Watts. New-Jerfey^ John Beatty, and Elias Boudinot. Pennfylvajiia^ Thomas Hartley, John Wilkes Kittera, Frederick A. Muhlenburgh, f Speaker J and Peter Muhlenburgh. Maryland, Gabriel Chriftie, and George Dent- B TirginiBi, 2 POLITICAL REGISTER. Virginia, Ifaac Coles, Samuel Griffin, John Heath, Jofcph Nfville, Anthony New, Jofiah Parker, and Robert Rutherford. Kentucky, Chriflopher Greenup. North Carolina, Thomas Blcjunt, Vf illiam Johndon Dawfon, Nathaniel Maccn, and Alexander Me- bane. South-Carolina, "William Smith. Georgia, Abraham B, the Council and Houfe af- *' fembled in one room fhall have authority, by joint " ballot, to ele£l a delegate to Ccngrefs, who ihall " have a feat in Congrefs, with a right of debating, *' but not of voting, during this temporary govern- " ment." Full effeft is given to this ordinance by 2.£i of Congrefs, Auguft 7, 1789. That by the deed of ceffion of the territory South of the river Ohio, to the United States, in the, fourth article it is alfo provided, " that the inhabi- " tants of the laid territory iliall enjoy all the privi- " leges, benefits and advantages fet forth in the " ordinance of the late Congrefs for the government " of the Weftern territory ; that is to fay, Congrefs " ihall affume the government of the faid territory, " which they dial! execute in a manner fimilar to " that which they fupport in the territory v/eft of " the Ohio, and fliall never bar or deprive them of " any privilege which the people in the territory " weO: of the Ohio enjoy." ThecefTion on thefe conditions was accepted by a£i: of Congrefs on the 2d of April 179c. By an a6t paiTcd the 26th May 1790, for the go- vernment of the territory of the United States South of the river Ohio, it is enabled, " that the inhabi- " tants Ihall enjoy all the privileges, benefits and ad- " vantages fet forth in the ordinance of the late *' Congrefs, for the governinent of the territory of " the United States North-weft of the river Ohio. " And the government of the faid territory South of " the Ohio, dial! be fimilar to that which is now " exercifed in the territory North-well of the river " Ohio ; except fo far as is otherwife provided in " the conditions expreffcd in an aft of Congrefs of *^ the prefent fefiion, intituled, " An Aft to accept " a ccf- 42 POLITICAL REGISTER. " a ceilion of the claim of the flate of Horth-Caro- '^^ lina to a certain diftrifl of weftern territory." The committee are of opinion, that James White, has been duly eleftcd as delegate from the territory of the United States South of the Ohio, on the terms of the foregoing acls : they therefore fubmit the following: refolution. Refohed, That James White be admitted to a feat in this Houfe, as a delegate from the territory of the United States South of the river Ohio, with a right of debating, but not of voting. Some converfation then arofe, refpefting the mode of admitting Mr. White to take his heat. Mr. Murray fpoke, but fo low that he could not be heard. Mr. Madifon faid, that in new cafes, there often arofe a difficulty by applying old names to new things. The proper definition of Mr. White is to be found in the laws and rules of the conftitution. He is not a member of Congrefs, therefore, and fo cannot be directed to take an oath, unlefs he choofes to do it voluntarily. Mr. Murray moved that Mr. White (hould be required to take the oath. Mr. W. Smith obferved that the conftitution only required members, and the clerk to take the oath. The gentleman was not a member. It does not even appear for what number of years he is elected. In fa£t, he is no more than an envoy to Congrefs, Inflead of being called a delegate to Congrefs, had he been plainly called an envoy, the difficulty would have vanillied. He is not a Reprcfentative, from, but an officer deputed by the people of the South-wcflcrn territory. It is very improper to call on this gentle- jnan to take fuch an oath, any more than any civil officer in the flatc of Penufylvania. Mr. Smith did not conlider him as coining even within the Pofl:- Office POLITICAL REGISTER. 43 Office law, (viz. for franking letters.) He is not entitled to piiy, unlefs a law fliall be pafled for that end. Mr. Giles agreed with the gentleman who fpokc laft, as to the impropriety of demanding an oath. Mr. Lyman was for it. Both thefe members fpoke fo low that they were not diftinftly heard. Mr. Dayton was againft the oath. Call him what you will, a member, a delegate, or if you pleafe, a non-defcript. It would be wrong to accept his oath, even if he fliould offer it. He is not a member. He cannot vote, which is the effential part. It is faid that he can argue, and by that means influence the votes of the Houfe. But fo alfo a printer may be faid to argue and influence, when he comes to this Houfe, takes notes, and publiflies them in the newfpapers. Mr. Boudinot. As the Houfe had fet out on a WTong principle, it was natural that, in their fub- fequent progrefs, they fliould wander further and further from the point. But as the Houfe had now given their decifion, he acquiefced in it. It was, however, a flrange kind of thing to ha:ve a gentle- man here arguing, who v/as not bound by an oath. He never could reconcile it. Sever other members fpoke. The Houfe divided on the quefl:ion, fliall the delegate take an oath as a member. Ayes 32 Noes 42 Majority againfl: the motion 10 There were at this time two mcflTages one after the other from the Senate to the Houfe of Repre- fentatives. The firfl: informed that they had made a quorum, and the fecond, that they had named a committee to wait on the Prefidcnt, in conjunction with 44 POLITICAL REGISTER. with a committee from the Reprefenuuives, and to acquaint Jiim, that they were ready to receive any communication from him. The Committee from the Senate v/ere Mr. Izard, and Mr. Langdon. Mr. Boudinot, Mr. Dearbourne, and Mr. Gihnan were named by the Speaker, on the part of the Houfe of Reprefentatives. On the motion of Mr. Giles, the petition of M. Pierre Egron was read a fecond time, and referred to Mr. William Smith, Mr. Murray, and Mr. Ma- difon, to examine and report. Mr. Dayton moved that two chaplains of differ- ent denominations, (hould be appointed to Congrefs, for the prefent Seffion, one by each Houfe, to in- terchange weekly. This was agreed to, and the clerk of the Houfe was direfted to carry the rcfo- lution to the Senate, and defire their concurrence. Mr. Parker moved that a committee be appointed to bring in a bill for the relief of fick and difabled feamen. A committee confifting of Mr. William Smith, Mr. Thatcher, and Mr. Macon, were appointed to bring in a bill extending the privilege of franking to Mr. James White, delegate from the South- weft: ern territory, and making provifion for his compenfation. Mr. Boudinot reported to the Speaker, that the Prefident would meet boih Houfes, to-morrow, in the Houfe of Reprefentatives, at twelve o'clock. The reafon for meeting there is, becaufe the floor of the Senate Houfe is thought to be infufficient. Adjourned at one o'clock. It was not till this d:iy, being the feventeenth of the Seflion, that the Senate were able to form a quorum. The names of the members who appeared ami took Ttieir feats, on the fyf{\: day of the Seffion, were as fciiow" : The POLITICAL REGISTER. 45 The Hon. Ralph Izard, Prefident pro tempore, from the flate of South-Carolina. From the ftate of N, Hampjhire, — the hon. John Langdon and Samuel Livermore. Maffachufetts, George Cabot. ConneBicut^ Oliver Ellfvi^orth. Rbode-IJJandf Theodore Fofter. Vermont, Mofes Robinfon. New-Tork, Rufus King. Pennfylvania, Robert Morris. Kentucky, John Brown. N(/rth-Caro/i?ia, Benj. Hawkins. The hon. John Vining from the (late of Dcfa- ware, arrived on the 5th. The Vice-Prefident, Mr. Adams, the hon. Alexander Martin from North- Carolina, and the hon. James Jackfon from Geor- gia, alfo took their feats on the loih ; and the hon. William Bradford from Rhode-Ifland, on the nth. The arrival of the hon. Aaron Burr, from the ftate of New-Tork, on this day, enabled the Senate Jis above, to proceed to bufmefs. On the 19th, the hon. John Edwards, from the ftate of Kenfuch^. attended. The Senate at prefent confifts of thirty members,. of v7hom iixteen are required to form a quorum. The Vice-prefident of the United States, is, by his office, prefident of the Senate, but is not himfelf a fenator, nor has power to vote, unlefs when the members are equally divided. WEDNESDAY, the 19th cf November, 1794. Another member, to wit ; Thomas Scott,, from Pennfyhania,^ appeared, and took his feat in the Houfe. A memorial of Joze Roiz Siiva, of the city of New-York, merchint, was prefented to the Houfe ap.d- 46 POLITICAL REGIS TER. and read, praying that the fum of two thoufand, five hundred and twenty-one dollars, and fixty cents, may be refunded to him, it being the difference in the amount of duties on a quantity of wines im- ported by the memoriahd, and which, through mif- take, was exafted from him by the colleftor of the port of New- York, beyond the legal duties. Mr. Watts, Mr. Coffin, and Mr. Malbone were appointed to examine and report. The Speaker laid before the Houfe a report of the commiffioners for purchafmg the public debt, ftating the amount of their purchafes and other pro- ceedings fmce their report of the fixteenth of De- cember, one thoufand fevcn hundred and ninety- three, which was read, and ordered to lie on the table. A mefTage was then fent to the Senate, by the clerk of the Houfc, to inform them, that the Houfe of Reprefentatives were now ready to attend them, in receiving the communication from the Prefident, agreeably to his notification of yefterday. The Se- nate accordingly attended, and took feats in the Houfe. Both Houfes being now alTembled, the Prefident, accompanied by the Secretary of State, the Secretary at War, the Attorney General, and fcveral foreign minitlers, came into the Chamber of the Reprefentatives, and addreifed them as follows ; Fellow Citizens of the Senate, and of the lloufc of Representatives ; WHEN we call to mind the gracious indulgence of Heaven, by which the American People became a nation ; when we fui-vey the general profperity of our country, and look forward to the riches, power, and happinefs to which it feems dedincd ; with the deeped regret do I announce to you, that during your recefs, feme of the citizens of the United Scares POLITICAL REGISTER. 47 States have been found capable of an infurreflion. It is due, however, to the character of our govern- ment, and to its (lability, which cannot be fliaken by the enemies of order, freely to unfold the courfe of this event. During the feffion of the year one thoufand fevea hundred and ninety, it was expedient to exercife the legiflative power, granted by the conftitution of the United States, " to lay and colleft excifes." In a majority of the ftates, fcarcely an objeflion was heard to this mode of taxation. In fome, indeed, alarms were at firft conceived, until they were ba- niflied by reafon and pairiotifai. In the four weft- ern counties of Pennfylvania, a prejudicej foltered and embittered by the artifice of men, who laboured for on afcendency over the will of others, by the guidance of their puffions, produced fymptoms of riot and violence. It is well known, that Congrefs did not hefitate to examine the complaints which were prefentcd, and to relieve them, as far as juf- tice diftated, or general convenience would permit. But the imprefTion, which this moderation made on the difcontented, did not correfpond with what it deferved. The arts of delufion were no longer con- fined to the efforts of defigning individuals. The very forbearance to prefs profecutions was mifinter- preted into a fear of urging the execution of the laws ; and afibciations of men began to denounce threats againit the oiEcers employed. From a be- lief, that by a more formal concert, their operation might be defeated, certain fclf-created focieties af- fkuned the tone of condemnation. Hence, while the greater part of Pennfylvani.i iifelf v/ere conforming ihemfelves to the ai^s of cxcife, a few counties were refolved to frullrate them. It was now perceived that every expectation from the tendernefs which had been hitherto purfaed, was unavailing, and that further 48 POLITICAL REGISTER. farther delay could only create an opinion of impo« tency or irrefolution in the government. Legal pro- cefs was, therefore, delivered to the marflial, againft the rioters and delinquent dillillers. No fooner was he underftood to be engaged in his duty, than the Tengcance of armed men was aimed at his perfon, and the perfon and property of the infpector of the revenue. They fired upon the marflial, arreft:ed him, and detained him for fome time as a prifoner. He was obliged, by the jeopardy of his life, to re- nounce the fervice of other procefs, on the wefl fide of the Allegheny mountain ; and a deputation was afterwards fent to him to demand a furrendcr of tliat which he had ferved. A numerous body re- peatedly attacked the houfe of the infpeftor — feized his papers of office — and finally deflroyed by fire his buildings, and whatfocver they contained. Both of thefe officers, from a juft regard to their fafety, fled to the feat of government ; it being avowed, that the motives to fuch outrages were to compel the refignation of the infpe^tor — to withftand by force of arms the authority of the United Slates, and thereby to extort a repeal of the bAvs of excife, and an alteration in the conduct of government. Upon the teftimony of thefe fafts, an alTociate Juflice of the Supreme Court of the United States notified to me, that " in the counties of Wafliington *' and Allegheny in Pennfylvania, laws of the United '^ Stares were oppofed, and the execution thereof *' obftrudlcd, by combinations too powerful to be *' fupprelTed by the ordinary courfe of judicial pro- " ceedings, or by the powers vefccd in the marflial *' of that diftri£i." On this call, momentous in the extreme, 1 fought and weighed what might befl: fub- due the crifis. On the one hand, the judiciary was pronounced to be ilripped of its capacity to enforce the laws, : crimes, which reached the very exiflence 2. of POLITICAL REGISTER. 49 of foeial order, were perpetrated without controul ; the friends of government were infulted, abufed, and overawed into filcnce, or an apparent acquiefcence j and to yield to the treafonable fury of fo,fmalla portion of the United States, would be to violate the fundamental principle of our conflitution, which enjoins that the will of the majority fliall prevaiL On the other, to array citizen againft citizen — to publiili the diflionor of fuch excefles — to encounter the expence, and other embarraffments of fo diftant an expedition, were fleps too delicate ^ — too clofely interwoven with many affefting confiderations, to be lightly adopted. I poflponed, therefore, the fum- moning of the militia immediately into the field. But I required them to be held in readinffs, that if my anxious endeavours to reclaim the deluded, and to convince the malignant of their danger, fliould be fruitlefs', military force might be prepared to aft, be- fore the feafon fliould be too far advanced. My proclamation of the 7rh of Augufc lafl was accordingly ilTued, and accompanied by the appoint* ment of CommiiTioners, who were charged to repair to the fcene of infurreftion. They were authorifed to confer with any bodies of men, or individuals. They were inffrufted to be candid and explicit, in {fating the fenfations which had been excited in the Executive, and his earneft wifli to avoid a refort to coercion. To reprefent, however, that without fub- miffion, coercion mujl be the refort ; but to invite them, at the fame time, to return to the demeanor of faithful citizens, by fuch accommodations as lay within the fphere of executive power. Pardon too, was tendered to them by the government of the United States, and that of Pennfylvania, upon no other condition, than a fatisfaftory aiiurance of obe- dience to the laws. IE Although 5© POLITICAL REGISTER. Although the report of the CommilTioners marks their iirmnefs and abilities, and mufl: unite all virtu- ous men, by fliewing, that the means of conciliation have been exhaufted, all of thofe who have commit- ted or abetted the tumults, did not fubfcribe the mild form, w^hich was propofed, as the atonement; and the indications of a peaceable temper were nei- ther fufficiently general, nor conclufive, to recom- mend or warrant the farther fufpenfion of the march of the militia. Thus, the painful alternative could not be dif- carded. I ordered the militia to march, after once more adraonifliing the infurgents, in my proclama- tion of the 25th of September laft. It was a talk too difficult to afcertain with preci- fion, the lowed degree of force competent to the quelling of the infurredion. From a refpeft, indeed, to osconomy, and the eafe of my fellow citizens be- longing to the militia, it would have gratified me to accomplilh fuch an eftimate. My very reluftance to afcribe too much importance to the oppofition, had its extent been accurately feen, would have been a decided inducement to the fmalleft efficient numbers. In this uncertainty, therefore, 1 put into motion fifteen thoufand men, as bc-ing an army, which, ac- cording to all human calculation, would be prompt, and adequate in every view ; and might perhaps, by rendering refiftance dtfperate, prevent the efFufion of blood. Quotas had been affigned to the dates of New-Jerfey, Pennfylvania, Maryland, and Virginia ; the governor of Pennsylvania having declared on this occafion, an opinion which judificd a requifition to the other dates. As commander in chief of the militia, when called into the a£i:ual fervice of the United States, I have vifited the places of general rendezvous, to obtain moie exacl information, and to dire«Sl: a plan for ul- lerioi" POLITICAL REGISTER. 51 terior movements. Had there been room for a per*, fuafion, that the laws were fecure from obftruftion ; that the civil magiftrate was able to bring to jufticc fuch of the moft culpable, as have not embraced the proffered terms of amnefty, and may be deemed fit objects of example ; that the friends to peace and good government were not in need of that aid and countenance, which they ought always to receive, and, I truft, ever will receive, againil the vicious and turbulent, I fliould have caught with avidity the opportunity of reftoring the militia to their families and hom.e. But fucceeding intelligence has tended to manifeft the neceffity of what has been done ; it being now confeffed by thofe who were not inclined to exaggerate the ill-conduft of the infurgents, that their malevolence was not pointed merely to a par- ticular law ; but that a fpirit, inimical to all order, has actuated many of the offenders. If the flate of things had afforded reafon for the continuance of ray prefence with the army, it would not have been withholden. But every appearance affuring fuch an iffue, as will redound to the reputation and ftrength of the United States, I have judged it mod proper to refume my duties at the feat of government, leav- ing the chief command with the Governor of Vir- ginia. Still, however, as it is probable, that in a com- motion like the prefent, whatfoever may be the pre- tence, the purpofes of mifchief and revenge may not be laid afide,the (tationing of a fmall force for a certain period in the four weftern counties of Pennfylvania will be indifpenfable, whether we contemplate the fituation of thofe who are connected with the execu- tion of the laws, or of others who may have expofed ihemfelves by an honourable attachment to them. Thirty days from the commencement of this feffion, being the legal limitation of the employment of the E 2 militia. 52 POLITICAL REGISTER. militia, Congrefs cannot be too early occupied with this fubjcft. Among the difcuffions which may arife from this afpeft of our affairs, and from the documents which will be fubn.iited to Congrefs, it will not efcape their obfervation, that not only the infpeftor of the reve- nue, but other officers of the United States, in Penn- fylvania, have, from their fidelity in the difcharge of their funftions, fuftained material injuries to their property. The obligation and policy of indemnify- ing them are ftrong and obvious. It may alfo merit attention, whether policy will not enlarge this provi- fion to the retribution of other citizens, who, though not under the ties of office, may have fuffered da- mage by their generous exertions for upholding the conftitution and the laws. The amount, even if all the injured were included, would not be great ; and on future emergencies, the government would be amply repaid by the injQuence of an example, that he, who incurs a lofs in its defence, fliall find a re- compence in its liberality. While there is caufe to lament, that occurrences of this nature fliould have difgraced the name, or in- terrupted the tranquillity of any part of our commu- nity, or fliould have diverted to a new application, any portion of the public refources, there are not wanting real and fubftantial confolations for the mis- fortune. It has demonftrated, that our profperity refts on folid foundations ; by furnifhing an addi- tional proof, that my fellow-citizens underftand the true principles of government and liberty : — that they feel their infeparable union : — that notwith- ftanding ail the devices which have been ufed to fway them from their interell and duty, they are now as ready to maintain the authority of the laws againil licentious invafions, as they were to defend their rights againft uiurpation. It has been a fpec- tacle. POLITICAL REGISTER. 53 tacle, difplaying to the higliefl: advantage the value of Republican Government, to behold the mofl and the lead wealthy of our citizens (landing in the fame ranks as private foldiers, pre-eminently didinguiftied by being the army of the conftituiion, undeterred by a march of three hundred miles, over rugged moun- tains, by the approach of an inclement feafon, or by any other difcouragement. Nor ought I to omit to acknowledge the efficacious and patriotic co-opera- tion, which I have experienced from the chief ma- giftrates of the ftates, to which my reqaifitions have been addrefTed. To every defcription, indeed, of citizens, let praife be given. But let them perfevere in their affec- tionate vigilance over that precious dcpofitoty of American happinefs, the conftitution of the United States. Let them cherifli it too, for the fiike of thofe, who from every clime are daily feeking a dwelling in our land. And when in the caliif mo- ments of refleftion, they {hall have retraced the origin and progrefs of the infurreftion, let them determine whether it has not been fomented by combinations of men, who, carelefs of confequences, and difregarding the unerring truth, that thofe who roufe, cannot always appeafe a civil convulfion, have diffeminated, from an ignorance or perver- fion of fails, fufpicions, jealoufies, and accufations of the whole government. Havino: thus fulfilled the enp-agrement which I took when I entered into office, " to the bed of " my ability to preferve, proteil, and defend the " conflitution of the United dates," on you, Gen- tlemen, and the people by whom you are deputed, I rely for fupport. In the arrangements, to which the poffibility of a fimilar contingency will natur?Jly draw your at- tention, it ought not to be forgotten, that the mi- E 3 litia- 54 POLITICAL REGISTER. litia-laws have exhibited fuch ftriking defe£ls, aS cou'd not have been fupplied but by the zeal of our citizens. Befides the extraordinary expence and -vafte, which are not the leaft of the defeats, every ppeal to thofe laws is attended with a doubt on its ccefs. The deviling and eflabhfliing of a well-regulated litia, would be a genuine fource of legiflativc ho- ■, and a perfeft title to public gratitude. I, there- % entertain a hope, that the prefent feffion will I pafs, without carrying to its full energy the power : rganizing, arming, and difciplining the militia ; for his parr, wanted to make the focieties cdioiis. Mr. Hiilhoufe again, another advocate for the amend- ment, liad denied that any indifcriminate cenfurc was intended by the amendment, but that the whole was no more than a polite anfwer to- the Prefident. '■'- 1 Jaid no fuch thing'^ f^iid Mr. Hiilhoufe, rifing Jip. I'his member then repeated the latter part of his fpeech, in fubflance exactly as it is inferred in our account of the debate of yeflerday. But he entirely omiiicd the concluding fentence, which is in ihefe words. " He did not confider the prefent amendment as an indifcriminate cenfure levelled at ihcfe focieties j he thought it only a fuitable anfwcr to POLITICAL REGISTER. 125 to the fpcech of the Prcfident." In this way, the gentleman had been undcrftocd both by Mr. Giles, and by the reporter of that debate*. Mr. Giles faid that there was an obvious difference of opinion as to the extent of the propofition. He had laid ic down as a rule the other day, that cenfure or any other punilliment ought to be definite both as to its cau/e and objed. It was a bad rule to cenfure In the grofs^ and exempt in the detail. The gentleman from Maryland in his remarks^ exempts the republican fociety of Baltimore, but in his vote involves it in indifcriminate cenfure ; he feemed to be engaged in the ftrange office of embracing that fociety affe^lion- ately with one arm, whilft he was infiifting the moft cruel flripes with the other. Mr. Giles took this ge- neral review of the remarks made in favour of the propofition, to fliew that there was no one clear, luminous principle upon which it could be juftified ; or if there was, that different gentlemen viewed ic through very different optics. The refult of thefe obfervations upon his mind was, that there Vv'as no definite principle of juftification for the propofition, or the good fenfe and ingenuity of gentlemen in their zeal for its adoption would have expofed it to the Houfe. Mr. Giles faid that having taken this fum- mary view of the fabitantial part of the arguments in favour of the propofition, he fhould now (late his objections to it, which he hoped v/ould be more definite than the arguments in fupport of ir. He feared that this propofition would lay the foundation of a fyjiem of denunciation ; the effects of v/hich he * Thefe interruptions fhew the frequent difficulty of under- flanding exactly the meaning of a member, and muft form aa apology for fome errors when they are to be found, in thefe fketches. Laft feffion, Mr. Madifon, in replying to Mr. S, Smith, was interrupted five times, for alleged mifquoting. In the end, he gave up the attempt to reply. extremely 126 POLITICAL REGISTER. extremely deprecated. As far as he underftood tii(S doftrine of denunciation, it effentially confided in holding up to public odium, and fometimes to pub- lic vengeance, eiiher individuals or certain defcrip- tions of individuals. This was the eflence of the pro- pofition before the Houfe. It feems to be a literal copy of the commencement and courfe of denunci- ation lately praftifed in France. Its firft commence- ment in France was upon certain f elf -created focities ^ and individuals out of the Convention ; and after producing the mod fanguinary fcenes without the limits, it at length found its way into the bofom of the Convention itfelf. No man's mind, however perfpicuous, could anticipate all the cfFefts which might refult from this fyftem, and he thought that gentlemen thenifelves ought to have had the mod pofitive exemption from its common fataUty, be- fore they ventured upon its introduftion. It is re- ported that Monfieur Guillotine has become im- mortah-zed by the inftrument of his own humane in- vention, and Robefpiere, the great progenitor of denunciation, has himfelf been denounced. Rea- foning from fimilar caufes, to fimilar effefts, what may be expe»51:ed to arife from fuch a fyflem in this country ? If the next fliould be a democratic repre- fentation, it may denounce the ariftocrats ; it may- denounce the bank ; it may denounce the funding fyftem. It is worthy of remark, that gentlemen who have been mod vociferous in reprobating this courfe of conduft in France, have been the fird pro- pofers of it in the United States ; for he could fee no difference in the two cafes, except that in France the democrats denounced the aridocrats ; whereas in the United States the anti-democrats were de- nouncing the democrats. But he believed the ef- fedls in either cafe would be the fame, and are to be equally deprecated. Mr. Giles employed, he faid POLITICAL REGISTER. 127 faid, the word anti-democrats, becaufe he believed that the term of ariflocrats would not be accommo- dated to the feelings of gentlemen. Mr. Giles faid, that from one fide of the Houfe we had often heard diforganization, intemperance, heat, raihnefs, &c. applied to the other ; but the two preceding days would have prefented to an impartial byftander, a curious contrail between the reprefented and the real Jiate of things. Froiii the ruffled declamation which has been difplayed, he would probably have con- ceived that a deputation from the National Convec- tion of the firll: rate denunciators, had vifited tbs American Congrcfs, and were engaged in the full exercife of their fun^ions, or, as gentlemen may like the comparifon better, that Demofthenes and Cicero had re-vifited the earth, and were proclaiming ths old rules of eloquence, Adio ! Adio ! as the highefl ted of truth. (Here Mr. Giles looked at Mr. Sedgwick.) Thefe ravings might affeft timid minds \ but they did not produce the fpecies of con- viction, which was required by the deliberate, phi- lofophical, American politician. Mr. Giles could not help obferving, that the extraordinary zeal and agitation manifefled by the favourers of the propoll- tion convinced him, that it originated more from perfonal irritation, than from the cool, deliberate e7c- ercife of judgment. Kc faid that this fubjccl had pre- fented itfelf to his mind in another point of view. He obferved that he conficered cenfure as a punilliment. To a delicate mind it is the feverefl: fort of punilli- ment, and in the military and clerical codes, it is the mofi: frequent kind. It is admitted on all fides of the Houfe to be intended as a punifliment. If this be the cafe it is one inflifted under the following very extraordinary circumftances. It is inflifted for the commiflion of an sft admitted to be legal iu itfelf. It is arbitrarily created after the commiilion 128 POLITICAL REGISTER. commiirion of the aft for which it is inflifted. It is inflifted without counfel, without evidence, with- out trial ; it operates on the innocent as well as the guilty. Are not all ihefe the higheft charaderijiks of injujlice in the admin'ijlr aiion of jujiice ? Its op- preffion and abfurdiry do not flop here. It con- demns the fame individuals as members oijelf- created focieties, who are applauded in this very addrefs, as foldiers of the conjiitution ; or in other words it con- demns their faculties of thinking and expreffing their thoughts, and applauds their faculties of bearing arms in defence of the conditution and laws. It condemns their hearts, their heads, and their tongues, and applauds their legs, their arms, and their bodies. It is admitted by all that a number of the individuals both of the Republican Society of Baltimore, and the Democratic Society of Philadel- phia, were amongft the firfl to fly to the flandard of the lav/s upon the late neceffary fummons ; and that, they were the mofl fleady friends of the United States, upon a more trying occafion ; the late glorious revo- lution. Upon thefe individuals will not the cenfure contained in the proportion operate as has been flated ? If it will, what apology can this Houfe make for the injury and injuftice done to the feelings of individuals thus charafterized ? He could eafily fee their claims to an apology, but he believed ingenu- ity itfelf could not devife a competent one. To put the injuftice in a more glaring point of view, he begged to be permitted to perfonify a charadcr of this defcription, challenging the cruelty and injuftice of the cenfure : I am the child of the United States : I have braved the toils and perils of the moft glori- ous and hazardous revolution : 1 have demeaned myfelf according to the rules of condu6l marked out by yourfelves. I appeal to the law to attejl my inno- cence ; 'jou admit the jujiice of that appeal : I have 4 at POLITICAL REGISTER. 129 at all times fpokcn ray fentimenis and aiTerted the rights of a freeman ; I have iifed the invaluable privi- lege of the prefs, and thus proclaimed my real opinion to my fellow citizens ; I may have been miflaken ; I have flown to the ftandard of the laws upon the fummons of my country ; wherefore am I cenfured ; wherefore am I punifhed ? He hoped that fome gentleman, who advifed the propofition, would pro- pofe an apology for its effefts. This cafe, he was fure, demanded an apology. Mr. Giles proceeded to remark, that the propo- fition feemed to him objectionable ip another point of view; he thought it would be deemed an infult upon the public mind. It was alTuming the office of judg- ing exclufively, upon the tendency of meafiires and opinions. This he confideved as an encroachment upon the rights referved to the people. He faid, that in the diftribution of rights between the rulers and ruled, certain rights v/ere granted, and certain rights retained. He thought the cenforial power one of the mofl invaluable of the referved rights, and it ought not to be invaded, upon any pretence what- ever. If the government fhould wreft from the people the right of cenfuring its proceedings, under the particular modification of felf-created focieties, he could not fee any barrier fufficiently (Irong and delicate, to afford complete proteftion to any other modification of expreffing cenfurable opinions againd the proceedings of government. The principle, if purfued, would invade the rights of electors in chu- fing their reprefentatives. T'he eleftions will gene- rally turn upon the merit or demerit of the former reprefentative. This will be telled by the good or the bad meafures, to which, in the opinion of his con- fiitiients^ he may have given his afi'ent : of courfe the meafures of government muft come into difcuffion ; and the people have as much right to cenfure as K to 13© POLITICAL REGISTER. to applaud ; or, in other words, they have a right to exercife their opinions under any modification they may think proper, provided fuch exercife be conform- able to the laws. Gentlemen have faid, that in def- potic governments, felf-created focieties are eflen- tially neceffary, but in a government organized like that of the United States, they are not fo. He would not deny the truth of this remark, but would a£k, who are to judge of this necefTity ? The government, or the people ? If the government are to judge of the neceffiiy, the right of the people is elTentially annihilated. Admiting a government to be corrupt, is there any probability of its notifying the people of its own corruption ? Will there ever be a time when its adminiftrators will fay to the people, " now we are corrupt, now is your time for forming yourfelves into focieties, to protcft your own liberties againfl: our encroachments ?" On the other hand, the more corrupt a government is, the greater will be the ftimulus to concealment. Mr. Giles faid, the true balls of the cenforial power was the difcretion of the people, and he believed, in the United States, there was no danger from its exercife. Gentlemen have faid, that democratic focieties are unpopular, that they are viewed with contempt by the people : ad- mit the faft, and v/hence the neceffity or propri- ety of the interference of the Houfe of Reprefen- tatives. The public mind feems to be engaged in its office of making a judicious decifion, upon the ne- celTity of fuch inftitutions, in the prefent ftate of things ; why then tamper with its courfe of pro- ceedings ? Mr. Giles faid the conditution of the United States had marked out our duties ; they con- fided eflentially in legiflation. There was in the Houfe of Reprefentatives a depofitum of cenforial power. This, however, was confined to the agents or officers of government, and the remedy of the there POLITICAL REGISTER. 131 Houfe confifled in impeachment ; but he believed there was no authority given in the conftitution of exercifmg the cenforial power over our conftituents, or any defcription of them. He faid he thought it degrading the majefly of the people, that the repre- fentative body fliould for a moment abandon the exercife of its great legiflative funftions, and enter into a fyftera of crimination and recrimination, with any felf-created focieties whatever. He faid, if the Houfe jirovoked recrimination, they would manifefl: their impotency, by their acknowledged incompe- tency to legiilate upon the fubje£t ; but Mr. Giles faid, that the traiifitlon from a power to cenfure, to a pozuer to legijlate^ was extremely eafy, and he cau- tioned gentlemen from giving into the one principle, under the idea, that the other would never be called into aftion. He believed himfelf if Congrefs under- took to cenfure, they would undertake to legiilate. With refpeft to the right of cenfuring, gentlemen had remarked, that as individuals we polfelTed that right, and of courfe as a collective body. Mii Giles faid that this was abandoning the doftrine of polTef- fing the right in our organized or conftituted capa- city, and was felf-creating ourfelves into a fociety quo ad this particular purpofe ; under the influence of this doftrine, we fiiouid be as much a felf-created fociety quo ad this particular purpofe, as any demo- cratic fociety in the United States, for the purpofes of its inftitution ; but we are not called upon to a6l in our individual capacities, we are called upon to act in our organized capacity. He hoped the doctrine of felf-creating ourfelves into a fociety, and avoiding the exercife of our conftituted functions, would not be approved by a majority of the Houfe. Gentlemen have aflced, if democratic focieties be permitted to cenfure the proceedings of government, without a correfpondent cenfure from the government, how K 2 will 132 POLITICAL REGISTER. will government protect itfelf ? To this interrogatory the anfwer is eafy. If thefe focieties a£l illegally, the individuals compofing them are punifhable by law* The alTumption of a corporate name, will not excul- pate the individual offence. If they do not aft illegally^ or in other words, if they only exercife a right, which \sproteded by the law, they ought not to be puniflied. But this is not the only proteftion. In this, as in every other afiault, the proteftion of the government raufl: reft upon the difcretion of the public mind. That is the only juft and folid foundation and fupport of every government. Make wholefome laws, and the public mind will afford a proteftion, againfl all the democratic focieties upon earth. Mr. Giles faid he had now arrived at a part of the fubjeft, which appeared to him extremely interefting. It refpefted the particular fubjed matter or caufe of the cenfure propofed to be pronounced. It propofed to cenfure or punifh for the tendency of opinions, pronounced through the medium of the prefs. It Ihould be ob- ferved, that under this principle, good opinions may be as much fubjeft to cenfure, as bad opinions ; fmce good opinions may be wrongly applied, or in other words, fuay have a bad tendency. Opinion, whether founded in truth or in error, is a property which every individual polfefTes, and which, in this country, he is at liberty to addrefs to the public, through the medium of the prefs. Any interference with the exercife of this right, he thought muft terminate in the complete deftruftion of the liberty of the prefs. If the principle be once eftabliflied, he faw no com- petent barrier of proteftion. This refleftion, he faid, manifefted the peculiar delicacy of the propoiition, and the hazard of interfering with the exercife and exprejfwn of opinim, under any modification whatever, Mr. Giles faid the rights of thinking and fpeaking were too well undcrftood, and too highly valued, in without POLITICAL REGISTER. 133 the United States, to receive the flightefl wound, without exciting the public attention. Opinion is elajlic; it will furnilh a refiftance equal to the pref- fure it may receive. Gpinion isfympatbetic ; it interefts on its fide every individual who values its exercife. To avoid this hazard, the unpopularity of democratic focieties has been relied upon. It {hould not be for- gotten, that in the United States the rights of every man and every fociety are popular. The rights of opinion^ or of thinkings and fpeaking^ and pubiif}ymg^ 2.Yefacred. It is a bold experiment, to attack a right becaufe the poffcfjlr is unpopular. The refhraint or fupprcffion of opinion, under one modification, will equally apply to all others. The principle propofed to be eftablidied in this cafe, will equally expofe every individual, and every fociety to cenfure or punifjjmenf, for the exercife and expreiTion of opinion. They will therefore fympathize with the injured right, in this cafe, though they may defpife the poifeffor of it. This fympathy will be ftrengthened by the flrongeft of all motives, the motive of f elf -defence. Mr. Giles requefled gentlemen to look at the obvious confe- quences of what they were doing. It had been faid, [looking at Mr. Sedgwick,^ that this vote of cenfure would fink the focieties. They were tumbling into dud and contempt. Why, in the newfpapers of this very morning, a meeting was advenifed for to-mor- row night. This was the natural progrefs of things. Here Mr. Giles explained the apparent profpeft that the newfpapers will prefently be fuifocated with co- lumns of votes, refolutions, and epiftolary lumber of all forts. [This was the exaft meaning of two or three fcntences delivered by the member. 1 Mr. Giles then dated an important didinciion. Many people, \vho condemn the proceedings of the democratic focieties, yet will not chufe to fee them diveded of the unalienable privilege of thinking, of fpeaking, of K 3 writing. 134 POLITICAL REGISTER. writin:^, and of printing. Perfons may condemn the abufe in exercifing a right, and yet feel the ftrongeft fympafhy zvitb the right it/elf. Can it be prcfumed, that a nation, which has toafted Muir, Palmer, and Margarot, from the one end to the other, merely becaufe they have fallen the viftims of opinion, under the fe?nblance of judicial decifions, will not fympathifc with that injured right in this country, which is propofed to be attacked, not only without a judicial decifton^ but with an admijffion of its Jlrid legality ? Mr. Giles faid that the diftin^lion between they^^r^-^- nefs of the right, and the unpopularity of its pofjejfor, was too obvious not to ilrike the public mind in a moment ; and he thought it extremely unwife to lay the foundation of jufl: alarm to the people, in the prefent a^itated (late of things. There was another view of the propofiiion, which furnillied a ftrong objeftion to it. No evidence appeared of the faft contained in it. There was but one official paper concerning the queftion before t-he Houfe. That was the report of the Secretary of the Treafury to the Prefident of the United States. That paper dates the refinance of the law at the moment of its paffing. This was at a period anterior to the exiftence of democratic focieties in the United States. The rea- fon why that refiftance did not break out into infur- redion, at ihe fame moment, feems to have been the forbearance of the government to prefs the execution of the law. Even before the palTage of the excife law, by the United States, it is known that the fame people refifted, and fuccefsfully, the execution of a iimilar law, pafTed by the ftate of Penfylvania. It is known, that the prejudices of the people, againfl: excife fyftems, were made an argument againfl the paffing of the aft, and an eventual oppofition to its execution then was, predifted : the infurreftion is a verification of that prediftion. Mr. Giles believed that POLITICAL REGISTER. 135 that there would have been an open refillance to the excife law, in that part of the United States, though there had not been a democratic fociety in exiftence. Although he was averfe from the extenfion of the cxcifc fyftem, it is known that he had always confi- dered the fubjed of the exifting excife, as a fuffi- cient ground of exemption from the general rule ; that he fliould have voted for the a6l, if it had been limited to a certain duration, which he deemed an effential quality in all tax-laws. That it was the perpetuity of the acl, and not the tax itfelf, which formed his objeftion. Of courfe^ even his former opinions could receive no gratification from the refiftance it had received in its execution : but the remarks he had made, he confidered as an obligation to truth. Mr. Giles faid, that the democratic focie- ties had denounced the infurreftion, and as a tefti- mony of their earneflnefs in the a£l, many of the members, if he were rightly informed, had aftually marched to fupprefs it. The people in the four weflern counties of Pennfylvania, have been repre- fented as more unenlightened, than in any other part of the United States. He believed this to be the cafe, and he fhould infer from that circumftance, that they would be the lad to be operated upon by the tendency of opinions, pronounced through the medium of the prefs. It is not abflraft opinions, whether true or falfe, which give rife to infurreftion. It muft be fomething which touches the interefts of individuals. Ignorant men particularly, are the mod carelefs of the truth or falfehood of abftra advice, for an eftablifhment of troops in the weflern counties. In all felf-evident pofitions, Mr. Baldwin v.as ready to give an echo to the fpeech ; but he did not think it felf-evident, that the democratic focieties had been the caufe of the infurreclion. He a«flu;illy difbelieved ir. The only paper which they had before them, in the form of evi- dence, which v;as the letter from Mr. Hamilton, dated a quite different caufe, for it tells you that the difcon- tents had gone to an alarming height long before the focieties exided. It had been faid that the Houfe were a grand inqued Let us proceed then /:■/// or no bill. Let us try th>e caufe. We cannot decide at prefent, for excepting Mr. Scott, there is not a gentleman on the floor, who knows any thing perfonally about the matter; and even he only tells us that the accounts given by the Prefident and Mr. Hamilton are Jzricil^ true ; and that, as to the red of the affair, every member knovv's as much as he does. This therefore ends in nothing. But if we mud have an echo, he would advife in the fird place to appoint a committee of enquiry into the caufes of the rebellion, like that on the defeat of St. Clair, which fat for three months. This would be going regularly and hontdly about it. But to pafs a vote of POLITICAL REGISTER. iCs of cenfure of this forr, withcut any evidence or •.;;> tbority, was what Mr. Baldwin never would confent: to. Inftead of all this debating and fine fpeaking, in which certain gentlemen were furh worderful pro- ficients, the appointment of a coii^raittee would have come much nearer the purpofe. In matters of notoriety, as that we were enjoying the blellings of peace, when that fliould be the cafe,- or in any other matter of fa6"t, that was in itfelf in- conteftibie, Mr. Baldwin had no objeftion to a reply in the ftile propofed. But to adopt it in a queftioji fo ferious as that nov/ before the Honfe would be unpardonable. Tvlr. Baldwin did nor alTume or at- tempt that animated ftile adopted by fo:re members, for he really was not much afil'^icd. He thoui^ht that the Houfe had made a very poor employment of three valuable days, that might have been occu- pied much better ; and now we are gettin^^ into a fourth, and how lon^ we are to go on at this rate there is no man in America who can tell. As to democratic focieties, there were none in the ftats (Georgia) which he reprefented, nor was he difpo- fed to feel the fmallefl: alarm about them. It was to hini very doubtful, whether the Prefident, in his fpeech, had a reference to any fociety in the Union, except thofe of the four weftcrn counties. He pre- ferred the words cojnbinations of men^ to the phrafa o^felf-created^ hccaufe every fociety in America was, felf-created. He ftrongly recommended throwing afide the addrefs altogether, and going into the bu- fmefs for which the members were paid and fent there. He was fure that the Prefident, for whom he felt all oue rcfpe£^, could not fe-J any very gieat fatisfaction at the way in which they had fet our. This is the fcope and fubftance of what Mr. Baldwiil faid. In the courfe of his fpeech Mr. Baldv/in re- Siarked that many members had been puzzled at M 3 wh-r i66 POLITICAL REGISTER. what Mr. Scott intended to fay about the concern of democratic focieiics in other parts of the Union, with the rioters. Mr. Scott rofe therefore and re- peated exaftly what he had faid yefterday, and which the reader has already feen in our account of yefter- day's debate. The report of what Mr. Scott then faid agrees minutely with his own explanation of ir, as given a fecond time this day. Mr. Madifon faid that he entirely agreed with thofe gentlemen who had obferved that the Houfe fhould not have advanced into this difcuflion, if it could have been avoided, but having proceeded thus far it was indifpcnfably necelTary to finifli it. Much delicacy had been thrown into the difculTion, in confequence of the chief magiflrate ; he always regretted the circumflance, when this was the cafe. Mr, Madifon obferved that if it were admitted to be true that the Prcfident really had this opinion afcri- bed to him, an afTumption very queflionable, yet that was no reafon why the Houfe fliould defert its own judgment, in deference to his. The Prefident would not do fo by them. They all remembered that once, on a great conftitutional point, the Pre- ildent had differed in opinion both from the Senate and Houfe of Reprefentatives, and he candidly laid his opinion before the two Houfes, and Mr. Madi- fon at that time, which he did not now mention to make a merit of it, was of opinion with the Prefi- dent. This difference of opinion between Ccngrefs and the Prefident was on the law apportioning the Reprefentatives. Mr. Madifon faid that it was the glory of a free country that nothing innocent in the eye of the law was cognizable by any body of men. He reje^ed the idea that an aftion innocent in law could be the objed of cenfure to a legiilative body. The conftitution had been extremely cautious of en- trufling them with any power to intermeddle. Were a murder POLITICAL REGISTER. 167 a murder or any other crime the mod horrid that could be imagined, to be perpetrated, that Houfe had no title to try the criminal. In order to come cxaftly at the nature of a proceeding, the way was to examine its principle, and that principle by the confequences to which it led, and where it would naturally end. He was entirely convinced ihat, in the prefent cafe, the effefts would be extremely per- nicious. If we advert to the nature of republican government, we fliall find that the cenforial power is in the people over the government, and not in the government over the people. If the Houfe af- fumed the cenforial power implied in the amendment, it was claiming an authority which he had never heard of its claiming before, and which he never ftiould wifli any legiflative body to poflefs. The confequence of fuch a power mud be the end of freedom. This vote of cenfure would be a fevere punifliment on the perfons compofmg democratic focieties. It was a kind of attainder hanging out people as objefts of public indignation. He was fure that gentlemen did not mean to hold up the fo- cieties to popular refentmenf ? It cannot be faid that this meafure is to be of any fervice in giving a proper turn to the minds of the public. For the whole continent has been unanimous in condemning the condudl of the infurgents. If the prefs occafionally promulgates untruths, this inconvenience is only a neceffary confequence of its exiftence. If bad men try to fubvert the government, good men mud la- bour to fupport it, and to overpower their attempt?. Mr. Madifon faid that he had the utmoft faith in this principle, which is the bafis of Republican govern- ment. The Houfe of Reprefentatives (land on good ground. They require no fuch dangerous expedient to fufiain their authority ; and at a future period there may exift a legiflature of a character very dif- M 4 ferenc i68 POLITICAL REGISTER. ferent from ihe prefcrit, and to whom the amend- ment before the Honfe may prefent a dangerous pre-" cedent. The worfl: confequenccs may take their rife from fuch a beginning. As he had confidence in the good fenfe and patriotifm of the people, he did not anticipate any laftin^L^ evil to refiilt from the publications of thcfe focieties ; they will ftand or fall by the public opinion ; no line can be drawn in this cafe. The law is the only rule of right ; what is confident with that is not punifliable ; what is not contrary to that, is innocent, or at lead not cenfu- rable by the legiflative body. With refpect to the body of the people, whether the outrages have proceeded from v/eaknefs or wick- ednef?, what has been done, and will be done by the legillature will have a due effe£l. If the proceed- ings of the government fliculd not have an effcft, will this declaration produce it ? The people at large are pofTeiTed of proper fentiments on the fubje^l: of the infurre£tion ; the whole continent reprobates the conduft of the infurgents ; it is not therefore necef- fary to take' the extra ftep. The prefs he believed would not be able to fliake the confidence of the people in the government. In a republic, light will prevail over darknefs, truth over error. He had un- doubted confidence in this principle. If it be ad- mitted that the law cannot animadvert on a particu- lar cafe, neither can we do it. Governments are adminiftered by men; the fame degree of purity docs not always exift. Honefty of motives may at pre- fent j>revail, but this affords no affurance that it will always be the cafe. It ought always to be kept in mind that at a future period a legillature may exifl of a very different complexion from the prefent ; in this view, we ought not by any vote of ours to form a hazardous precedent. He obferved that the mem- |j£r from Georgia (IVIr. Baldwin) had anticipated bh;i POLITICAL REGISTER. 169 him in a remark that there was no conftitutional ne- ceiTity for making an anfwer to the fpcech, if the Houfe could not agree as to the contents of it. Mr. Madifon, in different parts of his fpeech, adverted to the extreme dehcacy of the fituation in which he found himfelf, and his foiicitude, left in the courfe of the difcuiiion, there fliould be any appearance of a want of that deference and rtfpe^t for the Prefi- dent, to v/hich, by his abilities, his fervices, and his virtues, he was fo highly entitled. He agreed with the dcflrine, that the people have a right to ccnfure the Houfe, but that the Houfe have not, in their character of a Icgillarive body, any right to pafs votes of cenfure upon the people. It had been faid (by Mr. Dayton) that in the cafe of St. Clair, the Houfe appointed a committee of enquiry, and had afTumed it as their right to pafs, if they thought proper, a vote of cenfure on individuals. But here the cafe was entirely different. General St. Clairj and the other perfons to be affected by that enquiry, were holding public offices, and amenable to go- vernment for their conduct. The democratic focie- ties do not come under tliis defcription ; nor v/as there, Mr. Madifon believed, in the whole compafs of the proceedings of the Houfe, any thing that re- fembled this propofed amendment. Inftitutions ccn- feffediy not illegal, are not objecls of legiflative cenfure. Mr. Dexter rofe in reply to Mr. Madifon. He faid, that if he viewed the fubje^l in a light as trivial as fome gentlemen appeared to do, he v/ould not trouble the Houfe with any further remark?, after having fo long detained them v.'hile in commitiee ; if he viewed the amendment propofed as dangerous to the moll perfeft freedom cf expreffing political opinions, as the gentlemen fcemed to do who v;as up lafl:,he would ^ the lafl to fupport it. He faid that the mofl certain 170 POLITICAL REGISTER. certain way to deflroy this freedom was to encou- rage an unlimited abufe of it ; and the way to ren- der a free prefs ufelefs, was to proftirute it to the bafc purpofes of party and falfehood, until wearied with conftant impofitions, the public would reject all information from that fource as uncertain and delufive. He faid that the moft fuccefsful weapon ufed by the enemies of civil freedom ever had been, to pufh the ideas of liberty to fuch wild extremes, as to render it impracticable and ridiculous, and thus to compel the fober part of the community to fub- mit to ufurpation as a lefs evil than utter infecu- rity and anarchy. He added, if America lofes her liberty, this will be the inflrument of her deflruc- tion. We poffefs, he faid, greater equality of pro- perty and information than any other nation ; the means of fubfiftence are fo eafily obtained that no man is neccffarily dependent on the will of another : from thefe circumftances, our country is more fit than any other for a republican form of govern- ment ; if we fail in maintaining it, we {hall be fairly confidered to have made an experiment, not only for ourfelves, but for the world ; which will prove, that the beautiful theory of civil freedom is not practicable by man ; that ambition and envy, aided by ignorance, are naturally too ftrong for patrio- tifm. Mr. Dexter faid, that the nature of civil free- dom is more obfcure than its real friends could wifh ; that it confifts rather in what it forbids, than in what it allows ; that man was free before he became a member of focieiy ; that the great objeft of alfo- ciating was not to obtain freedom, for that was poffefled before, but to guard againft the abufe of it in violating the rights of others. My liberty, he faid, is, that all other citizens are retrained from violating my rights j and the liberty of each one of them is, that I and all others are equally re- flraincd ■^mc POLITICAL REGISTER. 171 drained from violating his rights. Reflraint then is neccflary to conllitute civil liberty^ and the unifor- mity of this reftraint, as it operates equally on all clailes of citizens, is equality. I know, fir, that a doftrine very different from this has been held by fome falfe apoftles of liberty, and that the afpi- ring, the vicious, the defperate, and the weak have flocked to this ftandard : By them the power to vio- late the rights of others, and difturb the public peace with impunity, has been profanely called liberty ; and the univerfality of this has been called equality. Can I be a freeman. Sir, if the govern- ment, which is my only fecurity for all my rights, may be invaded with impunity, and my reputation, the dearefl: of all poiTefTions, and the beft revv^ard of virtue, blafted by the foul breath of flander and falfehood ? When this fliall be admitted as a prin- ciple in the American code, v.'e fliall call that free- dom which will be our mifery ; we fliall ceafe to de- ferve liberty ; we fliall need a mafler. Let men meet for deliberating on public matters ; let them freely exprefs their opinions in converfations or in print, but let them do this with a decent refpe^l for the ivill of the majority^ and for the government and rulers which the people have appointed ; let them not become a band of confpirators to make and pro- pagate falfehood and flander ; let them not inftigate to the highefl crimes againft; fociety ; and, Sir, if any have fo done, let not us encourage them in thefe outrages, by calling them the exercife of the inviolable rights of freemen. To fufi'er mifrenre- fentations of government to gain credit among the people, is giving a blow to the weakeft part of cur government. It would be a moft important political acquifition if means could be devifed to fcatter through the union, true ideas of the meafures of governmeKt. The beft intentions cannot now guard the 172 POLITICAL REGISTER. the citizens from being deceived by the cunning and depraved ; fome improvement on this fubje£i: feeras elTentially necelTary to. perfeft the fyftem of" poHtical freedom. Scattered as our countrymen are, over an immenfe country, and employed in ufeful induf- iry, perhaps this is rather to be willied for than ex- pelled ; but v/e can at lead take meafures to pre- vent the moft fatal effefts from mifrcprcfentations and fcandal. Mr. Dexter faid he had made thefe remarks as being applicable to mofl of the reafon- ing againfl the propofed amendment, and particu- larly to that of the gentleman from Virginia who laft fat down (Mr. Madifon.) He was no more inclined to infringe rights which the people had referved than that gentleman, but he did not know any article or principle of the confiitution by which the people had referved to themfelves the precious right of vilifying and mifreprefenting their own government and laws, and exciting treafon and re- bellion with impuniry. However ineftimable the right of free difcuffion of public matters and of a public prefs might be, and no man valued them more highly than himfelf, he thought that when they were fo abufed as to become hoftile to liberty and threaten her deflruction, the abufes ought to be correfted ; and he argued from the principle of felf-prefervation. that the government of eveiy coun- try mull have the right to do fo. Unlefs thofe are more facred than the very liberty they are de- figned to fecure, this cannot be denied. Mr. Dex- ter obferved, that Mr. Madifon had flated as a principle, from which to argue, and on which al> mod all his dedu^ions were founded, a propofuion fo doubtful in itfelF, that it ought rather to be proved than alTumed as a lirfl principle from which to reafon, viz. that we cannot rightfully intermed- dle in any way with a fubje£l which- we cannot regulate POLITICAL REGISTER. 173 regulate by law. Admitting it to be a true and f-lf evident propofition, however, he faid, it con- cluded nothing againd the amendment ; for it would ftill remain to be proved, which it never could be, that the legiflature had no right to reftrain fuch abufes by law. He did not think it neceflary or expedient to miake any law on the fubjefl:; he hoped it never would be ; but he did not doubt the right to forbid fuch flagrant' outrages on focial order, and all arts tending to produce them. There can be ro better proof, he faid, that fuch laws may he made than that they now exift. Mr. Madifon had mentioned religious focieties as not to be pro- hibited by law ; as fuch Mr. Dexter faid they clearly could not be, no more could harmlefs dif- cUiHons of political fubje£ls by individuals or alTo- ciations ; but would any man doubt, when under the pretence of the exercife of thefe rights, the blacked crimes were inftigated and perpetrated, that the law had a right to punifli.? The clubs have Vv'aged war, not only with the government which the people have inflituted, and the rulers v/hom ihey have appointed, but they have coun- teracted all the mod elTential principles of repub- licanifm. They, being a fmall minority, have at- tempted to coniroul the majority ; to ufurp a power which the people never delegated to them, to a£t as cenfors, nay controulers, of the government and laws ; they arc refponfible to nobody for the exer- cife of it, and are to continue in office as long as they fliall pleafe. Such focieties have all the pro- perties, except the power, of abfolute defpotifm ; yet thefe tyrants prate about liberty, and profane the name of repubiicanifm. Mr. Dexter adverted to Mr. Madifon*s obfervation, that the cenfure in- tended muft be a punifhmenr, and that the Houfe had no condituticnal right to convi<5t of, or punifli for 174 POLITICAL REGISTER. for crimes. If the propofed amendment be a pc- nifhment, he faid, it is of a fmgular kind ; it is punifliment in the abftrafV, without an objeft pu- nifhed. It fays that certain felf-created focieries have trefpaifed ; can this be called a ftigma en all fuch focieties ? The word certain forbids this con^ llruftion. Which fociety is punifhed ? None, unlefs confcience or public opinion (hall defignate the ob- jeft. The Prefidenr, in another part of his addrefs, has lamented that certain citizens have (hewn them- felves capable of an infurreftion, and we have done the fame in our anfwer ; is this a ftigma on all citi- zens ? It had been repeatedly faid, that the meafure is unnecelfary, becaufe the danger has fubfided ; but he aiked, is it not neceifary to inform the peo- ple from whence the evil arofe, to guard againft a repetition of it ! Can we always prefume on the fame prompt patriotifm of a future Executive ; or the fame public confidence in his raeafures, and com- pliance with his requifitions ? or on the fame good fortune in reclaiming or fubjugating the difobe- dienr? There was a time when the infurre£tion was truly formidable ; it rofe like a water-fpout, threatening to annihilate gravity, and throw the ocean to Heaven ; as that by force of the general principle of attraction returns again to its former level, and mixes with the furrounding waters, fo this civil tumult has been overcome by the energy of the laws ; but it is folly to incur furure evils, pre- faming on fimilar good fortune. The heavy hand of dtfpotifm may forcibly hold down the fcale which preponderates, and preierve public order ; but in free ciiablifliments like ours, where the fcales are nicely balanced, the fmalleft breath difturbs the equi- librium. A gentleman from Virginia (Mr. Giles) has compared the amendment to the denunciations of France. Thofe were not uttered by the organs of POLITICAL REGISTER. 175 of the public will ; they were denunciations of indi- viduals, or felf-created focieties againft individuals ; whereas this is neither. This is only dating a fact for public information. The fame gentleman, and many others, have faid that we have not fufficient evidence of this faft. We know, Sir, that refolu- tions of fuch focieties encouraging rebellion, were made and publiihed ; we know that their natural cf- feft did take place. Knowing then both the caufe and eifed, can we doubt of their connexion ? If I fee a firelock pointed at a man, hear the difcharge, and fee the man fall, and if on infpe^ion 1 find a ball lodged in his body, can I doubt as to the caufe of the death of the man, becaufe I could not fee the ball pafs from the muzzle to the man ? Mad we fee things in their nature invifible, before we believe? The Prefident has been prefent at the fcene of infurrec- tion ; we have his tcftimony on the fubje£l:, and other official communications are not wanting. Wc have the pointed teftimony of the member from Pennfylvania (Mr. Scott), who was an eye wirnefs. He tells us that the club there direfted the infur- re£l:ion ; that the fame men were leaders in the club and in the field ; and that they correfponded with other clubs. The gentleman from Virginia, lafl alluded to, had faid that difcontent and diflurb- ance exifted there prior to the eftablifliment of clubs. But does it follow from this that their mea- fures, when eftabliflied, did not increafe the evil, and, by deceiving the malcontents as to the princi- ples and conduct of the government, and the difpo- fition of the people, encourage them to take arms ? The clubs declared that they fpoke the opinion of the people, and the deluded infurgents believed them. The fame gentleman has faid, that the Prefident ad- drefles the public, and not us, on this ful^jefi:, and therefore does not expe£l an anfwer. Why, Sir, fliall 176 POLITICAL REGISTER. fliall we not join in the addrefs, if it be true and ufcfiil ? The Sen cite have done it ; if we do not, we feem to contradict it. If we do not, we create a dangerous difagreeraent between the different branches of Government, diftraft the public mind, and encourage diforders. If the member from Pennfyivania is to be credited, and no man will dif- piite his tediraon}'-, the clubs arc more criminal than the deluded infurgents ; yet we have cenfured the latter without referve. Why, Sir, has the gentle- man from Virginia (Mr. Giles), criminated fo feverely cur zeal on this queflion ? Why has he condemned the oratory it has excited, when he often gives us fuch handfomc fpf cimens of it ? If liberty and our country are in danger, it is treafon to be cold. From the gentleman's cenfures on the loofe reafon- ing and warmth in favour of the amendment, we were led to expcCl from him the moft difpaffionate demonftration ; yet the gentleman appeared in fome of his reafoning more ingenious than folid ; it was too fine fpun to be ftrong. The (Irength of his un- derflanding, like the intenfe heat of the fun, pro- duced a vapour to obfcure its own eifulgence. One plain diftinclion is an iinfvver to moft of the reafon- ing of this gentleman and his colleagues. We do not contend for controuling, or even animadverting, on the rights of opinion or of publifliing opinions. We wifli only to call the attention of the public to the abufes of thofe rights, and the crimes that fuch abufes have produced, vvliich endanger the exifl- ence of thofe very rights, and liberty in general ; in order that the people, knowing the evil, may themfclves correft ir. In the courfe of this fpeech, while Mr. Dexter was quoting Mr. Madifon, he was interrupted by that gentleman, who declared that Mr. Dexter had entirely miftakcn his meaning. Mr. Dexter had I faid. POLITICAL REGISTER. 177 faid, that according to Mr. Madifon the Hoaife might very rcaJily ciifbclieve fa£i:s laid before ihem on the authority or the Prefident. The member from Vir- ginia exphiined, that he never entertained any idea of this kiud. He only aflerted that it might be fo in matters of opinion, fuch as whether the democra- tic focieties in other parts of the union had indi- gated the diilurbances in the four weftern counties. But Mr. Madifon faw no evidence that the Prefident intended to convey fuch an opinion. Mr. Nicholas apologifed for again troubhng the Houfe. Two members (Mr. Ames and Mr. Dex- ter) had left the fubjr<5i: pretifely where they found it. Ihty had fallen fo far flioit of their promifes, he felt fuch an impreiTion from having heard their obfervations, that it was impolTible for him to re- main filent ; and he therefore mufl cad himfelf on the indulgence of the Houfe. Gentlemen now be- gin to ufe a mod extraordinary argument, viz, the dangerous confequences that would refult from giving a negative to tiiis queftion, as to the effetls that it would have on the minds of the public. Gentle- men faid, fince the queftion has been ilartcd you muft vote this way, becaufe upon a comparifon of mifchiefs, the rejection of the amendment will be attended with much the greateft dauLier. Mr. Ni- cholas confidered this kind of reafoning as altoge- ther unfair. If any bad confequences refiilt from negativing the amendment, the blame mull fall ex- clufively on thofe who introduced it. Genilemen, v/ho from the befl; motives have uniformly oppofed it, are not to be told that they ought to vote for it, becaufe the refufal will be attended with fuch or fuch effefts. With thcfe Mr. Nicholas had nothing to do. Thofe who introduced the amendment (liould have forefeen the confequences of its being refufed. To reafon in this way u'as to aft upon an alarming N principle. 178 POLITICAL REGISTER. principle. The member again denied that there was any evilence before the Houfe which could juftify this vote of cenfure. He complained that the name of the Prefident had been too much intro- duced into this bufmefs. He ci^ed an expreJTion of Mr. Hillhoufe. That member rofe and declared that his meaning had been miflaken. Mr. Nicholas remarked, that if every thing which was al- leged againft the democratic focieties had been juft, if it was true that they had never publiflicd any thing but lies, they would long fmce have been blafted [the member employed a Itronger expref- fion] in this country. The end of their inftirution was to difcover and point out the faults of govern- ment. Now, if they are not to be fuffered to do this, if their ftyle mud be reflri^led to panegyric on the meafures of the legiflature, the whole defign of their inftitution is fruflrated, and ihcy never can do any good. Mr. Nicholas thought that the gentle- man lad up had employed a very odd fort of argu- ment in favour of the amendment. He had recom- mended the vote of cenfure to favour, becaufe it was indefinite, and pointed at nobody in particular. " Now,'* faid Mr. Nicholas, " that is the very beft argument, the very ftrongefl: rea on which I can imagine, for rejeifling ir. An accufation is brought forward, and the Houfe are required to vote for it, becaufe it is indefinite ; in other words, becaufe no- body can tell ivbo are the perfons guilty.''* Mr. Montgomery Vvas of opinion that Mr. Dex- ter, and fome members on that fide of the quellion, had laid much ftrefs upon a very infignifirant fort of argument. You mud vote this way, or that way, becaufe if you do not, the citizens of the United States wil! imagine that the whole Houfe of Reprefentativ'is are in favour of democratic focieties. One gentlem.an (Mr. Ames) had told us that fame, or POLITICAL REGISTER. " 179 or calumny, with one hundred, or one hundred thoufand tongues, was flying over every port road on the continent, and proclaiming that forty-five or forty-feven members of Congrefs were in favour of democratic focieties. It had Hkewife been alleged, that if the amendment could be carried, the people would confider the whole weight of the Houfe of Reprefentatives againfl the focieties. Mr. Montgomery confidered this reafoning as entirely chimerical. The people knew by this time, as well as the Houfe itfelf did, that they were di- vided by a majority of one or two, and which ever party gained the victory, the people would pay as much refpeft to the votes of forty-five members on one fide, as of forty-feven on the other. The trif- ling difference of two or three votes would make no impreffion whatever, in forming the fentiments of the public. Did gentlemen imagine that the Pre- fident, admitting that he was in any way interefted in their decifion, could feel any great fatisfa^tion in a majority of forty-feven againft forty-fix ? or was the weight of the forty-fix members to be deftroyed with the public, merely becaufe they happened 10 be out-voted by fuch a narrow majority ? If the amendment was voted at all, it would be in this way, and he could not pofiTibly fee what advantage any party was to reap from having fuch a majority. The people at large knew, as well as the Houfe, the flate of votes on the amendment, and, at any rate, they will judge for themfelves. He wiflied the thing to fall afleep, and as the mofl peaceable way to get rid of it, he Ihould, if feconded, move the previous queflion. Several gentlemen arofe to fecond this motion. Mr. Sedgwick and Mr. Dayton declared that it was out of order to make fuch a motion. It would bring the Houfe into fuch a dilemma that tliey could not N 2 get i3o POLITICAL REGISTER. get forward with the bufmefs, either one way or another. After fome difpiite this point of form was referred to the Speaker, He declared that the motion for a previous queftion was out of order, becaufe it was a queftion on an amendinent, and not on a main queftion. The Houfe were then going to divide, when Mr. Carnes got up. He was entirely againft the amendment. It de- nounced vengeance againft all focieties ; this was extremely unjuft. It would be better for the Houfe to fpeak out like men, and name the culprits. Let a committee be appointed, if we mnft take notice of the affair, and let them enquire and report what was the real caufe of the late infurre^lion. Mr. Carnes gave an inftance of a democraiical fociety that turned out as volunteers againft the rioters. *' Do we think,'* faid Mr. Carnes, '* thut the Pre- fident interefts himfelf in our addrefs. Sir, that cha- racter is not to be amufed with trifles. He is not to be tickled with the turn of a paragraph. What ! are we to anfwer a line and an half of a fpeech, with a vote that ftrikes at the foul of all fociety ? Are we to f)oint the finger of execration indifcriminately ? What will be the cffed, Sir, of this condnft ? A gentle- man (Mr. Sedgwick) told you the other day, that democratic focieties had produced the infurre£l:ion ; but when, in the courfe of his obfervations, he be- came a little more animated, he told us that a fo- rei.^n envoy. Genet, had been the caufe of all this mifchicf. If this be true, the democratic focieties are innocent. Sir, by this amendment you would prevent the freedom of fpeech, and lock up the mouths of men. They are not to cenfure the m^ea- fures of government, and then bad men may do what they pleafe with it. I hope, Sir, that the day will never come when the people of America fhall not POLITICAL REGISTER. i8i not have leave to aflemble and fpeak their mind. It is acknowledged that this affair is not an objeft of juhcial cognizincc. This overtraining always defeats its ov/n purpofe. The trials of Muir and others, on flin^ifey grounds, have done more fervice to the caufe of their party, than if they had re- ceived a reinforcement of five thoufand fighting men.'* Mr. Carnes next adverted to " the poor figure of a fore backed horfe.'* As to the com- parifon between this bufinefi and that of St. Clair's failure, there was no fort of fimilarity or corr-ifpon- dence between them. In that cafe the Houfe had employed fervants, and was entitled to look into their conduft. The prefent amendment, on the contrary, holds up no determinate objecf, and has ill-nature and afperity on the very face of it. When the Prefident, in his fpeech, mentioned the felF- created focieties, he did not addrefs himfelf to the Houfe of Reprefentatives, but to the people at large. But if it was to become the rule, in framing a reply, to make it an exaft echo cf the fpeech it- felf, if there was no nccelTuy for exerciimg our judgments, he confidered the Houfe as lofmg time. It would be much better to take the fpeech at once, turn the other end uppermofl, and fent it back to the Prefident as fait as poillble. As to this all-pow- erful refolution which was to go into thefe dark cells, of which the Houfe had been told, it would be much better to give the gentleman (Mr. W. Smith) a blacking brulli, and fend him into them, to mark out the guilty. The Houfe would then know how to proceed. Mr. Carnes objefted to Mr. Dexter's comparifon, cf a man fliot dead by a ball. He wanted the gentleman to fiiew him the bullet, or, in plain terms, to fhew him a letter from the democratic focieties of New-. York or Philadelphia, addreiTed to the wellcrn peoplcj and exciting therai N 3 to i82 POLITICAL REGISTER. to infurre£tion ; but as the gentlemen could fhew him no fuch thing, Mr. Games, utterly denied the propriety of the parallel. Mr. W. Smith thought it fonnewhat ftrange that at this time of day, members fliould be calling for fafts, when thefe are fo well known to all the Houfe. He then opened a volume of newfpapers, and read a fet of refolutions, dated 8th of May laft, adopted and publifhed by the Democratic Society of Phila- delphia. They are as follows : Refolved, as the opinion of this fociety, that the conltitution of the United States, the facred inftru- ment of our freedom which every public officer has fworn to preferve inviolate, has provided, that the different departments of the government {hould be kept diilint^t ; and confequently that to unite them is a violation of it, and an encroachment upon the li- berties of the people guaranteed by that inftrument. Refolved, as the opinion of this fociety, that, as by the conflitution all treaties are declared to be the fuprerae law of the land, it becomes the duty of the judiciary to expound and apply them ; to permit, therefore, an officer in that department to (hare in their formation is to unite diftinft functions and tends to level the barriers of our freedom, and to eftablilh precedents pregnant with danger. Refolved, as the opinion of this fociety, that juf- tice requires, and the fecurity of the citizens of the United States claims an independence in the judiciary power ; that permitting the executive to beftow of- fices of honour and profit upon judges, is to make them fubordinate to that authority, is to make them its creatures, rather than the unprejudiced and in- flexible guardians of the conflitution and the laws. Refolved, as the opinion of this fociety, that from the nature and terms of an impeachment againft a Prefident, it is not only necelTary that the chief juf- tice POLITICAL REGISTER. 1^3 tke of the United States (hoiild prefide in the Senate, but that he fliould be above the biafs which the ho- nors and emoluments in the gift of the executive might create ; that it is, therefore, contrary to the intent and fpirit of the conllitution to give him a fo- reign miffion, or to annex any office 10 that which he already holds. Refolved, as the opinion of this fociety, that every attempt to fuperfede legiflative fundions by executive interference, is highly dangerous to the independence of the legiilature, and fubveifive ©f the right of reprefentation. Refolved, as the opinion of this fociery, that the appointment of John Jay, chief juftice of the United States, as envoy extraordinary to the court of Great Britain, is contrary to the fpirit and meaning of the conftitution ; as it unites in the fame perfon judicial and legiflative fnnftions, tends to m^ke him depen- dant upon the Prefident, deftroys the check by im- peachment upon the executive, and has had a ten- dency to conrroul the proceedings of the legiflature, the appointment having been made at a time, when Congrefs were engaged in fuch meafures as tended to fecure a compliance with our jufi: demands. Refolved, as the opinion of this fociety, that after the declaration made by John Jay, that Great Bri- tain was juftifiable in her detention of the weftern ports, it was a facrifice of the interefts and the peace of the United States to commit a negociation to him, in which the evacuation of thofe pods ought to form an eflfential part ; that to abandon them is to put at Hake the blood of our fellow citizens on the fron- tiers, is to give birth to a perpetual military eftablifli- raent, an endlefs war, and all the oppreflions re- fulting from excife and heavy taxation. Refolved, Thar the above refoluiions be made public, that they be immediately tranfmitted to all N 4 the 1 84 POLITICAL REGISTER. the democratic focieties in the union, as a protefl of freemen againfl the moft unconftitutional and dan- gerous meafure in the annals of the United States, and as an evidence, that no influence or authority whatever fliall awe them into a tacit facrifice of their facred rights. By order of the fociety. J. Smith Prefid. pro tem. Geo. Booth, Secretary. Mr. Smith next obferved, that individual legilla- tures in the union had paffed votes of cenfure on this Houfe, and he did not fee, by a parity of reafoning. why the Houfe might not alfo pafs votes of cenfure. Mr. Smith faid, that there hid been a great change in the fentimems of fome members of that Houie. .About two years ago the Houfe of Reprefentatives, had determined by thirty five votes againft fixteen, to pafs an opinion on the new conflitution of France, and the gentlemen who had then exercifed the right of p.ifTing opinions, now denied that the Houfe had it. Mr. Smith concluded by faying, that the Prefi- dent had denounced the democratic focieties, and they had denounced him. Mr. Giles rofe and faid that the charge of incon- fiftency refted with the member lafl up, who in the cafe referred to, had afferted that the Houfe had no right to pafs a vote of opinion, yet, on the prefent queflion, infifled that they had. Mr. Giles was one of the thirty five, who voted for an exercife of opi- nion, but this was only for returning a civil anfwer to a civil letter from the Republic of France. The gentlemen who gave that vote for an anfwer knew, that they were to give an opinion, where they could nor legislate. There was therefore no inconfidency on the part of thefe members j but with the gentle- man POLITICAL REGISTER. 185 man from Somh-Carolina. Mr. Giles informed the Houfe of his having, this moment, learned, that in the army, in the weftern counties, there was no- thing talked of, but overturning democrarie foci- eties. No body could tell where this matter might end. Mr. Smith replied that he voted againfl: returning the anfwer to the French Republic, becaufe their new Conliitution appeared to him unliable, and fo, in the fequel it had proved, for they themfelves have fmce voted that it was dangerous to their liber- tics. He did not vcte againfl: the right, but that particular exercife of it. The queftion was then put ; fliall the words felf- created focieties and be replaced in the amendment of Mr. Fitzfimons. This was carried by a majority of 47 againft 45. Tiie Yeas and Nays were de- manded and taken on this quefl:ion. Thofe who voted in the afSrmative, are, Fiflier Ames, Samuel Griffin, James Armftrong, William Barry Grove, John Beatty, Thomas Hartley, Elias Boudinot, J.mies Hillhoufc, Shea jafhub Bourne, William Hindman, Benjamin Bourne, Samuel Holten, Lambert Cadwalader, John Wilkes Kittera, David Cobb, Henry Latimer, Peleg Cciffin, Amafa Learned, Jolhua C: 'it, Richard Bland Lee, William J. Dawfon, Francis Malbone, Jonathan Dayton, William Vans Murray, Samuel Dexter, Thomas Scott, Thomas Fitzfimons, Theodore Sedgwick, Dvvight Fofter, John S. Sherburne, Ezekiel Gilbert, Jeremiah Smith, Nicholas Gilman, William Smith, Henry Glen, Zephaniah Swift, Benjamin Goodhue, George Thatcher, James Gordon, Uriah Tracey, Jonathan i86 POLITICAL REGISTER. Jonathan Trumbull, John E. Van AUen, Peter Van Gaafbeck, Peleg Wadfworth, Artemas Ward, John Watts, and Paine WingatCi Thofe who voted in the negative, are Theodoras Bailey, Abraham Baldwin, Thomas Blount, Thomas P. Carnes, Gabriel Chriftie, Thomas Claiborne, Ifaac Coles, Henry Dearborn, George Dent, Gabriel Duvall, William Findley, WUliam B. Giles, Jam^s Gillefpie, Chriftopher Greenup, Andrew Gregg, George Hancock, Carter B. Harrifon, John Heath, Daniel Keifter, John Hunter, Matthew Locke, William Lyman, Nathaniel Macon, James Madifon, Jofeph M'Dowell, Alexander Mebane, William Montgomery, Andrew Moore, Peter Muhlenbeig, Jofeph Neville, Anthony New, John Nicholas, Nathaniel Niles, Alexander D. Orr, »• Jofiah Parker, Andrew Pickens, Francis Prefton, Robert Rutherford. John Smilie, Ifrael Smith, Thomas Tredwell, Philip Van Cortiandt, Abraham Venable, Francis Walker, and Jofeph Winfton. Another motion was then made by Mr. Chriftie, and feconded, further to amend the faid claufe, by inferting after the words " co7nbinjtions of 111611* * the words ••' ill the four ivejiern counties of Pennfylvania, and parts adjacent.** The objeft of this amendment was, by Hmiring the cenfure to the places therein mentioned, to vindicate the democratic focicties in general from the imputation. On the queftion thereupon, it was refolved in the affirmative, the Houfe being . equally divided, CYiiAo 46. to wit : — < XT f: (J^Nays 46. And POLITICAL REGISTER. 187 And Mr. Speaker declaring himfelf with the yeas. The yeas and nays, as demanded by one fifth of the members prefent, were as follow : Yeas. Theodorus Bailey, Abiaham Baldwin, Thomas Blount, Thomas P. Carnes, Gabriel Chriftle, Thomas Claiborne, Ifiiac Coles, JVilUa7n J. Da^jj/oTiy Henry Dearborn, George Deat, Gvibriel Duvall, "William Findley, Wilham B.Giles, James Gillefpie, Chriftopher Greenup, Andrew Gregg, George Hancock, Carter B. Harrifon, John Heath, Daniel Heifter, John Hunter, Matthew Locke, William Lyman, Fifher Ames, James Armftrong, John Beatty, Llias Boudinot, Shearjafhub Bourne, Benjamin Bourne, Lambert Cadwalader, David Cobb, Peleg Coffin, Jofliua Coit, Jonathan Dayton, Samuel Dexter, Nathaniel Macon, James Madifon, Jofeph M'Dowell, Alexander Mebane, William Montgomery, Andrew Moore, Peter Muhlenberg, Jofeph Neville, Anth'jny New, John Nicholas, Nathaniel Niles, Alexander D. Orr, Joliah P.irker, Andrew Pickens, Francis Prefton, Robert Rutherford, John Smilie, Ifrael Smith, Thomas Tredwell, Philip Van Cortlandt, Abraham Venable, Francis Walker, and Jofeph Winfton. Nays. Thomas Fltzfimons, Dwight Fofter, Ezekiel Gilbert, Nicholas Gilman, Henry Glen, Benjamin Goodhue, James Gordon, Samuel Griffin, William B Grove, Thomas Hartley, James Hillhoufe, AVilliam Hir,dman, Samuel i88 POLITICAL REGISTER. Samuel Holten, John Wilkes Littera, Henry Latimer, Amafa Learned, Richard Bland Lee, Francis Malbcne, William Vans Murray, Thomas Scott, Theodore Sedgwick, John S. Sheiburne, Jeremiah Smith, William Smith, Zephaniah Swift, George Thatcher, Uriah Tracev, Jonarhan Trumbull, John E. Van Allen, Peter Van Gaafbeck, Peleg Wadfworth, Artemas Ward, John Watts, and Paine Wlngate. Another motion was then made by Mr. W. Smith, and feconded, further to amend the faid claufe, by inferting after the word " adjacent^* in the amendment hiil agreed to, the words " counte- nanced by f elf -create d focieties e If e where." And on the queftion thereupon, it pafled in the CYeas. 42. negative < ^,^ ^ ^ ^Nays. 50. The yeas and nays being deir.anded by one fifth of the members prefent, Thofe who voted in the affirmative, are Fifher Ames, James Armftrong, John Beatty, Elias Boudinrt, Shearjafhub Bourne, Benjamin Bourne, Lambert Cadwalader, David Cobb, Peleg Coffin, Jofhiia Coit, Jonathan Dayton, Samuel Dexter, Thomas Fitzfmions, Dwight Fofter, Ezekiel Gilbert, Henry Gien, Benjamin Goodhue, James Gordon, Thomas Hartley, James Hillhoufe, Vv'illiam Hind man, Samuel Holten, John Wilkes Kittera, Henry Latimer, Amal'a Learned, Richard Bland Lee, Francis Malbone, V/illiam Vans Murray, Thomas Scott, Theodore Sedgwick, Jeremiah Smith, William Smitli, Zephaniah Swift, Gtorge Ttacher, LTria'i 'i'racey, Jonathan Trumbull, John POLITICAL REGISTER. I Si) John E. Van Allen, Peter V^n Graafbeck, Peleg Wadfwortb, Artemas Ward, John Watt5:, and Paine Wingate. Thofe who voted in the negative, are Theodoras Bailey, Abraham Baldwin, Thomas Blount, Thomas P. Carnes, Gabriel Chriftie, Thomas Claiborne, Ifaac Coles, William J. Dawfon, Henry Dearborn, George Dent, Gabriel Davall, William Findley, William B. Giles, James Gillefple, Nicholas Gilman, Chriftopher Greenup, Andrew Gre^s:, Samuel Griffin, William B. Grove, George Hancock, Carter.. B. Harrifon, John Heath, Daniel Heifter, John Hunter, Mauhew Locke, William Lyman, Nathaniel Macon, James Madifon, Jofeph M'Dowell, Alex mder Mebane, William Mcntgcmery, Andrew Moore, Peter Muhlenberg, Jofeph Niville, Anthony New, John Nicholas, Nathaniel Niles, Alexander D. Orr, Jofiah Pai ker, . Andrew Pickens, Francis PreJton. Robert Rutherford, John S. Sherburne, John Smilie, Ifrael S'liith, Thomas Tredwell, Philip Van Cortland, Abraham Venable, Francis Walker, and Jofeph Winfton. A motion was now made to adjourn, and lofl:. And then the main queflion was put, that the Houfe do agree to the faid claufe propofed by Mr. Fitzfimons, with the amendment of Mr. Chriftie. The whole flood as follows : " In tracing the origin and progrefs of the infur- re£lion, we can entertain no doubt, that certain felf- created focieties and combinations of men i?i the four wejiern counties of Pennfylvmiia^ and parts adjacent y^^ carelefs of confequences, and difregarding the truth^'. by difleminating fufpicions, jealoufies and accufa- 4 tions I90 POLITICAL REGISTER. tions of the government, have had all the agency you afcribe to them, in fomenting this daring out- rage againft focial order, and the authority of the laws." The queftion was loft, nineteen members only rifing in the affirmative. The Houfe then ad- journed adjourned at half paft three o'clock. As the parties had been fo exactly balanced, du- ring the former divifions, on this amendment of Mr. Fitzfimons, it will feem inexplicable, hww, in the lad divifion, there came to be only nineteen votes in favour of the amendment, and fome of thefe nine- teen were gentlemen who had all along 'voted againji it, in every other Jlage. Thefe peculiarities deferve to be explained, a? illullrating on what nice circumflances the dccifion of an alTembly may fometimes turn. The debate had lafted, in various fliapes, for no lefs than four days, from Monday forenoon to Thurfday after- noon, and on the firfl divifion this afternoon, there appeared for the vote of cenfure on the democratic focieties, as conveyed in the amendment of Mr. Dayton to the amendment of Mr. Fitzfimons, a ma- jority of 47 votes againft 45. When the yeas and nays were taken on the amendment of Mr. Chriflie, for rcftraining the vote of cenfure to focieties in the fourwcftern counties, &c. the numbers were equal, forty-fix on each fide. Mr. Dawfon, fmce the pre- ceding vote was taken, had been perfuaded to alter his fentiments. The cafting vote of the Speaker was then in favour of the reftriftion. An attempt was made to recover the ground thus lolt, by the fubfe- quent motion of Mr. W. Smith for adding, " coun- tenanced hy felf-created focieties in other parts of the Union." This was exa6tly the fame thing in fub- ftance, as the motion fird before carried by 47 againft: 45. It was, however, rejected as above by 50 againft 42. A motion was twice made, in the courfe of a few minutes for adjoiirriing, but was rejefted. The gentleman POLITICAL REGISTER. rpi gentlemen who were oppofed to the vote of cenfure, were determined to pufh their fuperiority ; and in- fifted for a divifion on the whole amendment, which now included that of Mr. Chriftie, for refl:ri(f>ing the cenfure o^ feJf-created focieties to thofe of the four counties of Pennfylvania, and the parts adjacent. The votes were going to be taken, and there was an appearance that after thefe three fucceffive divifions fo clofely following each other, v/here both parties had exerted all their influence, the amendment thus amended would have palTed with a degree of unani- mity. But Mr. Sedgwick now rofe, and informed the Houfe that, for his own part, he could not vote for the amendment to the addrefs, as it tiow Jiood, becaufe it contained a palpable incongruity. The amendment now fiiid, that the Houfe agreed with the Prefident in regretting, that certain felf-created foci- eties, in the four we/iern counties of Pennfylvania^ and parts adjacent^ had done fo and fo. The por- tion might be extremely true ; but no fuch fpecifica- tion had been made by the Prefident ; and, therefore, to join with him in regretting what he never had regretted, would be a downright abfurdity. This difcovery had a very evident effeft on the Houfe. A few gentlemen rofe on both fides of the queftion, as by chance, but there was no divifion ; and thus the labour of four days was demolifhed by an unexpected ftroke of dexterity on the part of Mr. Chriftie. APPENDIX. APPENDIX. Copy of a letter from Major-General Wayne, to the Secrt' tary of War, dated Head-^mrters, Greeneville, -jth July^ 1794. SIR, x\T feven o'clock in the morning of the 30lh ultimo, one of our efcorts confiftiag of ninety rifle-men and fifty dragoons, commanded by Major M'Mahan, was attacked by a very numerous body of Indians under the walls of Fort Recovery, followed by a general afiault upon that poll and garrifon, in every direction. The eaemy were foon repulfed with great flaughter; but immediately rallied and reiterated the attack, keeping up a very heavy and conftant fire at a more refpectable diftance, for the remainder of the day, which was anfvvered with fpirit and eflFeft by the garrifon, and that part of Major M'Mahan's com- mand that had regained the poll. The favages were employed during the night, which was dark and foggy, in carrying off their dead by torch light; which occafionally drew a fire from the garrifon. They never- thelefs fucceeded fo well, that there were but eight or ten dead bodies left upon the field, and thofe elofe under the influence of the fire from the fort. The enemy again renewed the attack on the morning of the I fl; inftant, but were ultimately compelled to retreat with lofs and difgrace, from that very field where they had, upon a former occafion, been proudly viftorious. Inclofed is a particular general return of the killed, wound- ed, and mifllng. Among the killed we have to lament the lofs of four good and gallant officers, viz. Major M'Mahan, Captain Hartfhorne, and Lieutenant Craig, of the rifle corps, and Cornet Torry, of the cavalry, who all fell in the firft charge. Among the wounded are the intrepid Captain Tay- lor of the dragoons, and Lieutenant Drake of the infantry. O It 194 APPENDIX. It would appear, that the real objedt of the enemy was t& have carried that poft hj a coup de main, for they could not polFibly have received intelligence of the efcort under Major M'Mahan, which only marched Irom this place on the morn- ing, cf the 29th ultimo, and depofited the fupplies the fame evening at Fort Recovery, from whence the efcort was to have returned at Reveille the next morning ; therefore their being found at that poft, was an accidental, perhaps a fortunate, event. By every information as well as from the extent of their encampments, which were perfectly fquare and regular, and their line of march in feventeen columns, forming a wjde and extended front, their numbers could not have been lefs than from fifteen hundred to two thoufand warriors. It would alfo appear that they were rather iLort of provi- fions, as they killed and eat a number of pack horfes in their encampment, the evening after the alTauk ; as alfo at their next encampment on their rttreat, which was but feven miles from Fort Recovery, where they remained two nights, pro- bably from being much incumbered with their dead and wounded; a confiderable number of thj pack horfes were a<5bually loaded with the dead. Permit me now, Sir, to exprefs my higheft approbation of the bravery and condudl of every officer and foldier of the garrifon and efcort upon this trying occafion, and as it would be difficult to difcriminate between officers equally meritorious , and emulous for glory, I have direded the Adjutant-General to annex the names of every officer of the garrifon and efcort, who were fortun^ite enough to remain uninjured, being equally expofed to danger with thoie who were lefs fortunate. But I flinuld be wanting in gratitude v/ere I to omit men- tioning in particular Captain Alexander Gibfon of tlie 4th fub- legion, the gallant defender of Fort R.ecovery. Here it may be proper to relate certain la(5ls and circum- ftances, which almoft amount to pofitive proofs, tliat there were a confiderable number of t/:e Britifi, and the militia of Detroit, mixed with the favages in the aflault upon Foit Reco- very, on the 30th ultimo and ill inftant. I had detached three fmall parties of Chickafaw and Choc- taw Indians, a few days previous to that affair, towards Grand Glai/e, in order to take or obtain prifoners for the pur- pofe of gaining intelligence. One of thofe parties fell in with a large body of Indians, at the place marked Gift/s Town in Hirmar's route, on the evening of the 27th ultimo, ap- parently bending their courfe towards CIAlahotkc on the great Miami. This party retunied to Gieoneville on the 28th, with APPENDIX. 195 with this further information, " that there were a great num- ber of ivhite men witli the Indians." The other two parties got much fcattered in following the trails of the hoftile Indians, at fome diftance in their rear, and were clofe in with them when the affault com- menced on Fort Recovery. Thefe Indians all infift that there were a confiderable number of armed white men in the rear, whom they frequently heard talking in our lan- guage, and encouraging the favages to perfevere in the af- fault ; that their faces were generally blacked, except three Britifh officers, who were drelfed in fcarlet, and appeared to be men of great diftinftion, from being furrounded by a large party of white men and Indians, who were very at- tentive to them. Thefe kept a diftance in the rear of thofe that were engaged. Another ftrong corroborating faft that there were Britilh, or Britifh militia in the affault is, that a number of ounce balls and buckfliot were lodged in the blockhoufes and ftockades of the fort. Some were delivered at io great a diftance as not to penetrate, and were picked up at the foot of the ftockades. It would alfo appear that the Britiih and favages expefted to find the artillery that were loft on the 4th of November, 1 79 1, and hid by the Indians in the beds of old fallen timber, or logs, which they turned over and laid the cannon in, and then turned the logs back into their former birth. It was in this artful manner that we generally found them depofited. The hoftile Indians turned over a great number of logs during the aftault, in fearch of thofe cannon and other plunder which they had probably hid in this manner after the adlion of the 4th of November, 1791. I therefore have reafon to believe that the Britifh and In- dians depended much upon this artillery to afUft in the reduc- tion of thatpoft. Fortunately, they ferved in its defence. The enclofed copies of the examination of the Patawatime and Shawanoe prifoners, will demonftrate this laft, that the Britifh have ufed every poflible exertion to coUeft the favages from the moft diftant nations, with the raoft folemn promifes of advancing and co-operating with them againft the legion ; nor have the Spaniards been idle upon this occafion. It is therefore more thsn probable, that the day is not far diftant, when we ih^U meet this hydra in the vicinity of Grand Glaize and Roche de Bout, without being able to difcriminate between the w^/.v and rvanoes, Tawas, Delawares, and Miamls. There were then colleifted about a thoufand warriors, and were daily coming in and colledting from all thofe nations. O 3 .^ry, ip! APPENDIX. ^ery.^ih, What number of warriors do you Aippofe Are aftually colleded at that place, at this time ; and what num- ber of Britilh troops and militia have promifed to join the In- dians to fight this army ? yinfwcry By the lateil and beft information, and from our own knowledge of the number of warriors belonging to thofe nations, there cannot be lefs than two thoufand warriors now aflembled ; and were the Putawatiines to join agreeably to in- vitation, the whole would amount to upwards of three thou- fand hod ile Indians. But we do not think that more than fifty of the Putawatimes will go to war. The Britilh troops and militia that will join the Indians to go to war againft the Americans, will amount to fifteen hun- dred, agreeably to the promife of Governor Simcoe. ^ery 6th, At what time, and at what place, do the Britifti and Indians mean to advance againft this army ? Anfiver, About the laft of this moon, or beginning of the next, they intend to attack the legion at this place. Governor Simcoe, the great man who lives at, or near Niagara, fent for the Putawatimes, and promifed them arms, ammunition, pro- vifion, and clothing, and every thing they wanted, on condi- tion that they would join him, and go to war againll the Ame- ricans, and that he would command the whole. He fent us the fame meffage laft winter ; and again on the firft of the laft moon, from Roche de Bout. He alfo faid he was much obliged to us for our pa ft fervices ; and that he would now help us to fight, and render us all the fervices in his power againft the Americans. All the fpeeches that we have received from him were as red as Hood. All the wampum and feathers were painted red. The war pipes and hatchets were red; and even the .ohacco ivas painted red. We received four different invitations from Governor Sim- coe, inviting the Putawatimes to join in the war. The laft was on the firft of laft moon, when he promifed to join us, with fifteen hundred of his warriors, as I lefore mentioned. But we wilhfor peace, except a number of our foolifh young men. Examined and carefully reduced to writing,") ;-it Greeneville, this 7th of June, 1794. J Examination APPENDIX. 199 Exatmnalion of tivo ShaiL'anoe nv.irriors, taken pr'ifmers on the Miami of the I.ak:', tiuenty miles above Grand Cla'tze, en tki 22cl Injant, June. They fav, that tliey left Grand Glaize five mocns fince. /. e. about the time that the Indians lent ma flag with propolitions of peace ; that they belonged to a party ot twenty, who have been hunting all this fpring on the waters of the Wabaili, nearly oppofite the mouih of Keiitucky river, and were on their return when taken ; that about half the party had gone on before them, and that the remainder were coming on fl iwly, and hunting as they came ; th.U they had fiolen about lifty horfea from the inhabitants of Kentucky, on the Salt River, during this fpring and fummcr ; that they only killed one man, and took no prifoners ; that the man was killed by a white inter- preter belonging to the party, whofe name is Riddle ; (thofe two Indians had five horfes loaded with deer and bear ikins, and jerked venifon) ; that on their v/ay in, they met with a party confining r.f tour Indians, /.f. three Delawares, and one Putawa- time, who v> ere then on their way to the Big-bone Lick to fteal horfes ; that this party informed them that all the Indians on the White River were fent for to corns immediately to Grand Glaize, where the warriors of feveral nations were now aifem- bled ; that the chiefs were yet in council, and tuould not let their ivarriors go out ; that they could not depend upon the British for eJpSual fuppirt ; that they nvcre always feitlng the Indians on, in e dogs after game, pre/J'tng them to go to war, and kill the /Ameri- cans, but did not help them; that unlcfs the Britijlj would turn out and help them, thsy 'were determined to make peace ; that they would not he any longer a?n:f£d by promijes on'y. That the Shawanoes have three hundred and eighty war- riors at, and in the vicinity of Grand Glaize ; ani generally can, and do bring into aftion about three hundred ; their great Hien or fachems are, the Black 'wclf, and Kaki;v-pi-la-thy, or the tame haivk ; their principal waniors are Blue Jacket and Captain Johnny ; that t!ie Delawares have, in and about Grand Giaize, four hundred and eighty warriors ; that they aftually had fuur hundred in the a-ftion agaiall General St Clair; that the Miamis are at prefent but about one hundred warriors, who live near Grand Glaize, feveral of them having moved to- wards Port Vincennes and the MilTiirippi ; that die Wyandots never fend into aftien more than about an hundred and fifty warriors ; they live along the lake towards S mdufky ; that they do not know the number of the Putawatime?, nor the number of the other Indians or nations that v.ould aftually O 4 joia 'loo APPENDIX. join in a war, fliould they determine to continue it ; that the Chipewas would be the mcft numerous, and were ge- nerally on the v/ay to the council ; but that war or peace de- pended upon the conduct of the Britiflic If they would help them, it would probably be war ; but if they would not, it would be peace. That the Indians would no longer be fet on like dogs by themfelves, unlefs the Britifh would help them to fight ; that the Britiih were at the foot of the rapids, and had fortiined at Roche de Bout ; that there were a great num- ber of Britifh foldiers at that place ; that they told the Indians they were now come to help them to hght, and if the Indians would generally turn out and join them, they would advance and fight the American army ; that Blue Jacket had been fent ■by the Britifh to the Chipewas, and Northern Indians, a con- fiderable time fmce, to invite them, and bring them to Roche de Bout, there to join the Britifh and other hoflile Indians in order to go to war. I do certify that the foregoing is an exaft and true narrative, delivered by the two Shawanoe warriors, prifoners, upon exa- mination before me, at Greeneville, through my interpreter, Chriftopher Miller, this 26th day of June, 1794- Head ^tarlerSf Grand Gltiize, Augtift 14. SIR, I HAVE the honotir to inform you, that the army under my command took pofTeflion of this very important pofl on the morning of the 8th inft. the enemy on the preceding even- ing having abandoned all their fettlements, towns, and villages, with fuch apparent marks of furprife and precipitation as to amount to apofitive proof that our approach was not difcovered by them until the arrival of a Mr. Newman of the Quarter- Mafter General's department, who deferted from the army near the St. Mary's, and gave them every information in his power, as to our force, the objeft of our deliination, flate of pro- vifio:*-;, number and fize of the artillery, &c. &c.; circumftances and fads that he had but too good an opportunity of kr.owing, from acting as a field quarter mafter on the march, and at the moment of his defenion. Hence, I have good grounds to conclude, that the defedion of this villain prevented the ene- my from receiving a faul blow at this place, when leaft ex- peded*. * Tliis man having calliid at the War Office, on his way from Niagara to Kcutuclty, as. he.faid, a few days previous to the receipt of this letter, immediately on the errival thereof, infoimation refpeding him was tranf- mitted APPEND I r. 201 I had made fuch demonftrations for a length of time previoufly to taking up our line of march, as to induce the favages lo €xpe<5t our advance by the rout of the Miami villages to the left, or towards Roche de Bout by the right, which feints ap- pear to have produced the defired effect, by drawing the atten- tion of the enemy to thoie points, and gave an opening for the army to approach undifcovered by a devious route, /. e. in a central diredion, and which would be impradicable for an army, except in a dry feafon, fuch as then prefented. Thus, Sir, we have gained poffeiTion of the grand emporium of the hoftile Indians of the Weft, without lofs of blood. The very extenfive and highly cultivated fields and gardens, fhew the work of many hands. The margins of thofe beautiful rivers, the Miamis of the lake and Au Glaize, appear like ona continued village for a number of mdes both above and be- low this place, nor have I ever beheld fuch immenfe fields of corn in any part of America from Canada to Florida. We are now employed in completing a Itrong ftockade fort, with four good block houfes by way of ballions, at the conflu- ence of Au Glaize and the Miamis, which I have called De- fiance, and another fort was aUo erected on the bank of St. Mary's, twenty-four miles advanced of Recovery, which was named Adams, and endowed with provifion and a proper gar- rifon. Every thing is now prepared for a forward move to-m.orrow morning towards Roche de Bour, or Fort of the Rapids, v/here the Britifh have a regular fortification, well fiipplied with ar- tillery, and ftrongly garrifoned, in the vicinity of which, the fate of the campaign will probably be decided, as from the beft and moft recent intelligence, the enemy are there collected in force, and joined by the militia of Detroit, &c. &c. polTcffed of ground very unfavourable for cavalry to acl in; yet not- wichftanding this unfavourable intelligence, and unpleafant cir- cumltance cf ground, 1 do not defpair of fuccelli from the fpirit and ardor of the troops, from the generals down to the privates, both of the legicn and mounted volunteers. Yet I have thought proper to offer die enemy a lall overture of peace, and as they have every thing that is dear and inte- refting now at ftake, I have reafon to expect that they will lilten to the propofition mentioned in the inclofed copy of an addrefs, difpatched yefterday by a fpecial flag, who I fent mitted to Pittfbargh, with diredloxs to apprehcnJ and fecure him. He has been accorclinply taken, is now Tccured at that place, and ordered to Le feat down the Ohio t» head quarters. under «oE APPENDIX. under circumftances that will enfure his fafe return, and wKlck may eventually fpare the efFufion of much human blood. But fhould war be their choice, that blood be upon their own heads ! America ftall no longer be infulted with impu- nity. To an all powerful andjultGod, I therefore commit myfelf and gallant army, and have the honour to be, with every confideration of refpedl: and efteem, your moft obedient, and very humble fervant, ANTHONY WAYNE. The Hon. Major -Gi7i. H. Knox^ Secretary of JVar. To the Dela-jjares, Shaajaneje, Miamis, and JVyandotsy and to each and every of them, and to all other Nations of Indians Northiuejt of the Ohioy luhom it may concern : I, Anthony Wayne, Major-General, and Commander in Chief of the Federal army now at Grand Glaize, and commif- fioner plenipotentiary of the United States of America, for fettling the terms upon which a permanent and lafting peace fhall be made with each and every of the hoftile tribes or na- tions of Indians northweft of the Ohio, and of the faid United States ; afluated by the purefl principles of humanity, and urged by pity for the errors into which bad and defignirg men have led you, from the head of the army now in poffetiion of your abandoned villages and fettlements, do hereby once more extend the friendly hand of peace towards you, and invite each and every of the hcftile tribes of Indians to appoint deputies to meet me and my army without delay, between this place and Roche de Bout, in order to fettle the preliminaries of a lafiing peace, which may eventually and foon reftore you, the Delaware-;, Miamis, Shawanefe, and all other tribes and nations litiely fettled at this place, and on the margins of the Miami and Auglaize rivers to your late grounds and pofTef- fions ; and preferve you and your diftrefied and helplefs women and children from danger and famine, during the pre- fent f-ill and enfuing \vinter. The arm of the United States is ftrong and powerful, but they love mercy and kindnefs more than war and defolation ; and to remove any doubts or apprehenfions of danger, to the perfoF.s of the deputies w^hom ycu may appoint to meet this army, I hereby pledge my facred honor for their fafety and return : and fend Chridcpher Miller, an adopted Shawanoe, and APPENDIX. 203 anJ a Shawanoe warrior, whom I took prifoner two days ago, as a flag, who will advance in their front to meet me. Mr. Miller was taken prifoner by a party of my warriors fix moons (ince, and can teftlfy to you the kindnefs I have fhewn to your people, my prifoners, that is, five warriors and two women, who are now all fate and well at Greenville. But Ihould this invitation be difregarded and my flag Mr. Miller, be detained or injured, I will immediately order all tiiofe prifoners to be put to death, without diilindtion, and feme of them are known to belong to the firft families of your nations. Brothers, be no longer deceived or led aftray by the falfe promifes and language of the bad white men at the foot of the Rapids. They have neither the power nor the inclination to prctedt you. No longer fnut your eyes to your true intereft and happinefs, nor your ears to this laft overture of peace ; but in pity to your inocent women and children come and prevent the fu; ther eflFiifion of your blood; let them experience the kind- nefs and friendfiiip of the United dates of America, and the invaluable blefilngs cf peace and tranquillity. (Signed) Grand Gla'ize, llth Augujl, 1794. I ANTHONY WAYNE. Head garters y Grand Glaize, Aug. 28. SIR, It is with infinite pleafure that I now announce to you the brilliant fuccefs of the Federal army under my com- mand in a general adlion with the combined forces cf the hof- tile Indians, and a confiderable number of the volunteers and militia of Detroit on the 20th inltant on the banks of the Miamis, In the vicinity of the Britifii poft and garrifon at the foot of the rapids. The army advanced from this place on the 15th, and ar- rived at Roche de Bout on the 18th, and the 19th we were employed in making a making a temporary poft for the recep- tion of our ftores and baggage, and in reconnoitring the poli- tion of the enemy who were encamped behind a thick bufhy wood and the BrltUh fort. At 8 o'clock on the morning of the 20th, the army agala advanced in coiumr^s agreeably to the ftanding order of march, the legion on the right, its right flank covered by the Miamis ; one brigade of mounted volunteers on the left under Brigadier Gen. Todd, and the other in the rear under Brigadier Gen. Baibee. 204 APPENDIX. Barbee. A feledb battalion of mounted volunteers moved in front of the legion commanded by Major Price, who was di- refted to keep fufficienlly advanced, was to give timely notice for the troops to frm in cafe of aclion, it being yet undeter- mined whether the Indians would decide for peace or war. After advancing about five miles. Major Price's corps re- ceived fo fevere a fire from tl:ie enemy %vho were fecreted in the woods and high grafs as to compel them to retreat. The legion was injmediately form.ed in two lines principally in a clofe thick wood which extended for miles on our left, and for a very confiderable didance in front, the ground being co- vered w^ith eld fallen timber probably occafioned by a tornado, which rendered it impracticable for the cavalry to acl with effeil, and afFurded the enemy the moft favorable covert for their mode of warfare : the favages v. ere formed in three lines within fupporting diftance from each other, and extending for near two miles at right angles wiih the river. I foon difcovered from the weight of tlie fire and extent of their lines that the enemy were in full force in front, in polTeffion of their favou- rite ground, and endeavouring to turn our left flank, I there- fore gave orders for the fecond line to advance to fupport the firft, and direcfted Major-Gen. Scott to gain and turn the right flank of the favages with the whole of the mounted volunteers by a circuitous route, at the fame time I ordered the front line to advance and charge with trailed arms, and roufe the In- dians from their coverts at the point of the bayonets, and when up to deliver a clofe and well directed fire, on their backs, followed by a briflc charge fo as not to give them time to load again. I alfo ordered Captain Mis Campbell \^ho commanded the legionary cavalry to turn the left flank of the enemy next the river and v,hich afforded a favourable field for that corps to ad in ; all thofe orders were obeyed with fuirit and prrmptitude, but fuch v/as the impctuofity of the charge by the firft line of infantry that the Indians and Canadian militia and volunteers were drove from all their coverts, in fo {hort a time, that although every pc ilible exertion was ufed by the cflicers of the fecond line of the legion, and by Generals Scott, Tod, and Barbee of the mounted volunteers to gain their proper pofition, no pait of each could get up in feafon to participate in the ndion, die enemy being drove in the courfe of one hour more than two miles, through the thick wood already mentioned by lefs than one half their number. From every account the enemy amounted to two thoufand combatants, til's: troops aftually engaged againll them were lliort APPENDIX. aoj fliort of nifie hundred. This horde of favages with their allies, abandoned themfelves to flight and difperfed with terror and difmay leaving our viftorious army in full and quiet pofTeffion of the field of battle, which terminated under the influence of the guns of the Britilh garrifon, as you will obferve by the In- clofed correfpondence between Major Campbell, the command- ant and myfelf upon the occafion. The bravery and conduft of every officer belonging to the army from the Generals down to the Enfigns, merit my hlgheft approbation. There were, however, fome whofe rank and fituation placed their conduiSt in a very confpicuous point of view, and which I obferved with pleafure and tlie moft lively gratitude ; among whom I mull beg leave to mention Brigadier- General Wilkin- fon and Colonel Hamtramck, the commandanf? of the right and left wings of the legion, whofe brave example infpired the troop?. To thofe I mufl; add the names of my faithful and gallant aids de camp Captains De Butts and Thomas Lewis, and Lieut. Harrifon, who with the Adjutant General Major Mills rendered the moft effential fervice, by communi- cating my orders in every direction and by their condudl and bravery exciting the troops to prefs for victory. Lieut. Covington upon whom the command of the cavalry now devolved cut down two favages with his own hand, Lieut. Webb one in turning the enemy's left flank. The wounds received by Captains Slough and Prior, and Lieut. Campbell Smith, an extra aid de camp to General VsTilkinfon of the legionary inflmtry, and Captain Van Ren- felaer of the dragoons, Captain Rawlins, Lieut. M' Kenny and Enfign Duncan, of the mounted volunteers, bear honourable teftimony of their bravery and conduft. Captains Howell, Lewis, and Brock, with their companies of light infan'ry had to fuftain an unequal fire for fome time, which they fupported with fortitude; in fasft every officer and foldier who had an opportunity to come into aiS:Ion difplayed that true bravery which will always infure fuccefs ; and here permit me to declare that I never difcovered more true fpirit and anxiety for a(5tion than appeared to pervade the whole of the mounted volunteers, and I am well perfuaded, that had the enemy maintained their favorite ground for one half hour longer they would have moft feverely felt the prowefs of that corps. But whilft I pay this juft tribute to the living I muflt not neglect the gallant dead, among whom we have to lament tlie early death of thofe wortliy and brave officars Capt. M:s Campbell 2o6 APPENDIX. Campbell of the dragoons and Lieut. Towlcs of the light In- fantry of the legion, who fell in the firft charge. Inclofed is a particular return ot the killed and wounded. The lofs of the enemy was more than double to that of the federal army ; the woods were ftrewed for a confiderable dif. tance with dead bodies of Indians and their white auxiliaries, the latter armed with Britifh mufkets and bayonets. We remained three days and nights on the banks of the Miamis, in front of the field of battle ; during which time all the houfes and corn fields were confumed and deftroyed for a confiderable diilance both above and below Fort Miamis, as well as within piftol fhot of that garrifon, who were compelled to remain tacit fpedlators to this general devaftaticn and confla- gration, among which were, the houfes, (lores, and property of Col. M'Kee, the Britifh Indian agent and principal ftimu- lator of the war now exifting between the United States and the Savages. The army returned to this place on the 27th by eafy marches, laying wafte the villages, and cornfields for about fifty miles on each fide of the Miamis : there remains yet a number of villages and a great qwanti:y of cr rn to be confumed or de- firoyed upon Auglaize and the Miamis, above this place, which will be effe<£ted in the courfe of a lew days. In the interim we fhall improve Fort Defiance, and as foon as the efcort returns with the necelTary fupplies from Greenville aud Fort Recovery, the army will proceed to the Miamis vil- lages, in order to accomplilh the objeft of the campaign. It is however not improbable that the enemy may make one defperate effort againlt the army, as it is faid that a re-inforce- ment was hourly expeded at Fort Miamis from Niagaia, as well as numerous tribes of Indians living on the margins and iflands of the lakes. This is a bufinefs rather to be wifhed for than dreaded; whilft the army remains in force, their numbers will only tend to confufe the favages, and the victory vv^ill be more complete and decifive, and which may eventually infure a permanent and happy peace. Under thofe impreflions, I have the honor to be. Your mofl obedient, and very humble fervant, ANTHONY WAYNE. N. B. I had forgot to mention that I met m.y flag on the 1 6th, who was returning with an cvailve unfwer, in order to gain time for the arrival oF the reioforcement mer:ti')ned by , the APPENDIX. 207 the Shawanoe Indians, and which adually did arrive two days befoie the adlon. The Hon. Major-General H. Knoxy Secretary of War. Return of the killed, wounded, and miffing, of the Federal army, commanded by Major-General Wayne, in the adtion of the 20th Auguft, 1794. Squadron of Dragoons : Killed, i captain, I ferjeant, i pri- vate. — ^Wounded, i captain, 3 privates. Artillery: Wounded, i private. Firfl fuh-legion : Killed, I private. — Wounded, i captain, 1 ferjeant, 9 privates. Second fuh-legion : Killed, 2 privates. — Wounded, 6 privates. Third fuh-legion : Killed, i ferjeant, 6 privates. — Wounded, I feijeant, 2 corporals, 2 muficians, 27 prixates. Fourth fuh-legion : Killed, t lieutenant, i ferjeant, 11 privates* Wounded, i captain, i lieutenant, 2 ferjeants, i corporal' 23 privates. Kentucky volunteers : Killed, 7 privates. — Wounded, i cap- tain, I lieutenant, i enfign, 10 privates. Total: Killed, i captain, i lieutenant, 3 ferjeants, 28 pri- Yates. — Wounded, 4 captains, 2 lieutenants, 1 enfign, 4 fer- jeants, 3 corporals, 2 muficians, 84 privates. Names of Oncers Killed. Captain Robert Mis Campbell of dragoons. Lieutenant Henry B. Towles, 4th fub-iegion. Names of Officers Wounded, Captain Solomon Van Renfelaer of dragoons. Captain Abner Frior, i ft fub-legion. Captain Jacob Slough, 4th fub-legion. Lieutenant Campbell Smith, 4th fub-legion, afling as a« e^xtra aid to Brigadier Gen. Wilkinfon. Captain Rawlins, Lieutenant M'Kenny, and Enfign Dun- «an of the Kentucky volunteers. (Signed) John Mills, Major of Infantry, and .Adjuiant General. No. ao8 APPENDIX. No. I. SIR, An army of the United States of America, faid to be under your command, having taken poft on the banks of Miamis, for upwards of the lafl twenty-four hours, almoft within the reach of the guns of this fort, being a poft belonging to his majefty the king of Great Britain, occupied by his majefty's troops, and which I have the honour to command, it becomes me to inform myfelf, as fpeedily as pciflible, in what light I am to view your making fuch near approaches to this garrifon. I have no hefitation on my part to fay, that I know of no war exifting between Great Britain and Am.erica. I have the honour to be, Sir, with great refpecl. Your moft obedient. And very humble fervant, (Signed) WILLIAM CAMPBELL, Major 24th Regt. commanding a Britlfli poft on the banks of the Miamis. Miamis River, Aug. 21. 1794. I'o Major General F/ay»e, Sec. &c. 5cc. No. 2. SIR, I HAVE received your letter of this date, requiring from me the motives which have moved the army under my command to the pofnion they at prrfent occupy, ftir within the acknowledged jurifdidion of the United States of Ame- rica. Without queftioning the authority, or the proprietj'', Sir, of your interrogatory, I think I may, without breach of decorum, obferve to you, that were you entitled to an an- fwer, the moft full and fatisfaclcry one was announced to ycu from the muzzles of my fmail arms yefterday morn- ing, in the adion againft the hordes of favages in the vici- nity of your poft ; which terminated glorioufly to the Ame- rican arms ; but, had it continued until the Indians, ^c. were drove under the Influence of the poft and guns you men- tion, they would not have muci; impeded the progrefs of 2 the APPENDIX. 269 the vldorlous army under my command ; as no fuch pcft was eftablifhed at the commencement of the prefent waf between the Indians and the Uaited States. I have the hon mr to be, Sir, with great refpecl, Your moll obedient, And very humble fervant, (Signed) ANTHONY V/AYNE, Major General, and Comn.ander in Chief of the Federal army. Camp on the Bank of the Miamis, 2ift Anguft, 1794. To Major WiUiant Campbell, &c. 5cc. No. 3. SIR, Although your letter of yefterday's date fully au-^ tliorlfes me to any aft of hoilility againft the arms of the Uni- ■ ted States of America in this neighbourhood, under your com* mand, yet, ftill anxious to prevent that dreadiul deciiion, which perhaps is not intended to be appealed to by either of our countries, I have forborne for thefe two days to refent thofe infults which you have offered to the Britifh flag, flying at this foit, by approaching it within piftol fliot of my works, not only fingly, but in numbers with arms in their hands. Neither is it my with to wage war with individuals ; but flaould you, after this, continue to approach my poll in the threatening manner you are at this moment doing, my indif- penfible duty to my king and country, and the honour of my profefHon, will oblige me to have recourfe to thofe meafures, which thoufands of either nadon may hereafter have caufe to regret, and which I folemnly appeal to God I have ufed my uimoll endeavours to arreft. I have the hanerto be, Sir, with much refpeift. Your moft obedient. And very humble fervant, (Signed) WILLIAM CAMPBELL, Major 24th Reg. commanding at Fort Miamis. Fort Miamis, Auguft 22, 1794. Major General Wayne, Sec. &c. &c. P [N^ ^m APPENDIX. [No other noilce was taken of this letter than what is ex^ preiied in the following letter. The fort and works v/ere how- ever reconnoitered in every direction, at fome points poffibly within pitlol fhot. It was found to be ;i regular ftrong work, the front covered by a wide river, with four guns mounted on that face. The rear, which was the molt fufceptible of ap- proach, had two regular balVions furnillied with eight pieces of artillery, the v.hole furrounded by a wide, deep dilch, with ho- rizontal pickets projecting from the burn of the parapet over the ditch. From the bottom of the ditch to the top of the pa- rapet, was about twenty feet perpendicular. The works were alfo furrounded by an abbattis, and furniihsd with a (Irong garrifon.] No. 4. Camp, Banks of the M'larnls, Augujl z 2 . SIR, In ynur letter of the 21ft inllant, you declare, " I have no hefitation on my parr to fay, that I know of no war exifting between Great Britain and America." I, on my part, declare the fame, and that the only cauft I have to entertain a contrary idea at prefent is, die hoftile aft you are now in commifllon of, i. e. by recently taking poil far within the well known and acknowledged limits oF the United States, and erecting a fortification in the heart of the feitlements of the Indian tribes, now at war with the United States. This, Sir, appears to be an adc of the higheft aggreffion, and deftrudlive to the peace and interefl of tlie Union;- hence it becomes njy duty to defire, and I do hereby defire and demand, in the name of the Prefident of the United States, that you immediately defift from any aft of hoftility or aggreffion, by forbearing to fortify, and by withdrawing the troops, artillery, and ftores under your orders and di- rcftion, forthwith, and removing to the neareft poll occu- pied by his Britannic majefty's troops at the peace of 1783, and v.'hich you will be permitted to do unmolefted by the. troops under my command. I amj with very great refpect, Sir, Your moft obedient, And very humble fervant, (Signed) ANTHONY WAYNE. 3'Tajcr JViHiam Camil.-H, &c. &c. &c. No, APPENDIX. 811 No. 5. SIR, I HAVE this moment the honour to acknowledge the receipt of your letter of this date ; in anfwer to which, I have only to fay, that being placed here in the command of a Britifh port, and a(5ling in a military capacity only, 1 cannot enter into any difcutlion, either on the right or impropriety of my occupying my prefent pofition ; thofe are matters that I conceive will be left to the ambafladors of our differeot nations. Having laid thus much, permit me to inform you, that I certainly will not abandon this poll at the fammons of any power whatever, until I receive orders to that purpofe from thofe I have the honor to ferve under, or the fortune of war Ihould oblige me. I muft Hill adhere, Sir, to the purport of my letter of this morning, to defire that your army, or individuals belonging to it, will not approach within reach of my cannon, without expedllng the confequences attending it. Although I have faid in the former part of my letter that my fituation here is totally military, yet let me add. Sir, tiiat I am much deceived if his majefty, the king of Great Britain, had not a poft on this river at and prior to the period you mention. I have the honour to be, Sir, with the greateft refpedt, your moft obedient. And very humble fervant, (Signed) WILLIAM CAMPBELL, Major 24th Regt. commanding at Fort Miamis. FortMiamis, Aug. 22d, 1794. To Major General IVaync, &c; &c. &c. (^The only notice taken of this letter was the immediately fetting fire to, and deftroying every thing within view of the fort, and even under the muzzles of the guns. Had Mr. Campbell carried his threats into execution, it is more than probable he would have experienced a ftorm.] P 2 lamination iT-2 APPENDIX. Exam'inalion of a Shaivanoe pr'ijoner^ taken by Captain IVells on the evening of the I ith Augufl, 1794, near the foot of the Rapids. ^ery. When did the Indians receive information of the ad- vance of the army ? Anfnuer, The firft information was from a white maaj who came in of his own accord about ten days fince. ^ery. Where are the Indians at this time ? Anfiver^ At Colonel M'Kee's. ^ery. Where are the Britifh, and what are their numbers ? Anfiver, In a fort about one mile below Colonel M'Kee's, on the north fide of the river, fituate on a hill or bank clofe by the margin, where there are about 200 men ; they arc now at the fort. ^eryt What number of great guns have they in the fort ? Anf'wevy Four or five. ^lery, V/hat number of warriors are at M'Kee*s, and what nations do they belong to ? Anfiver, There are 600 who abandoned this place on the approach of the army. Shawanocs about 200 but not more. Delawares 300 Miamias 100 Warriors of other tribes 100 700 Total. ^ery. What number are expe>5ted to afTemble in additlonr to thofe at tlie foot of the Rapids I Anfwery In all about 400 men ; Wyandots 300 Tawas 240 540 ^ery, What number of white men are to join, and when ? Anftuer, Mr. or Captain Elliot fet out for Detroit fix days fince, and was to be back as yefterday with all the militia, and an additional number of regular troops, which with tliofe al- ready there, would amount to loco men; this is the general converfatlon among the Indians, and Captain Elliot promifed to bring that number ; Colonel M'Kee's fon went with Elliot, as alfo the man who deferted from the army on its march. ^ery, When and where do the Indians mean to fight this army? Anjnvery At the foot of the Rapids ; the white man who came in told the Indians and Colonel M'Kee that the army was delUned for that place. Augufli APPENDIX. 213 Augufl: 28. Exaviinalion of Anto'tne Lajfel, a native of Canada, and a volun- teer in Captain CalJnuell's company of Refugees, friends and allies of the hoflile Ind'ia?is, captured in the aBion of the 20th inflanf. Who fays, that he has refided for 29 years in Upper Ca- nada, 21 of which he has palTed at Detroit and on this river ; and that he has conftantly traded with the Indians all that time ; that he refided at the Miami villages for 1 9 years before Harmer's expedition, when he kept a (lore at that place, and ufed to fupply other traders with goods ; that he has fince lived chiefly at Bean Creek or Little Glaize, at the Little Turtle'i town. That having lived fo long among the hoflile Indians, he is perfectly acquainted with the tribes and numbers- That the Delawares have about 500 men, including thcfe who live on both rivers, the White River and Bean Creek; that the Miamis are about 200 warriors ; part of them live on the St. Jofeph's, eight leagues from this place ; that the men were all in the adtion, but that the women are yet at that place, or Picquet's village ; that a road leads from this place direftly to it ; that the number of warriors belonging to th^it place when all together amounts to about 40. That the Shawanoes have about 300 warriors. That the Tawas on this river are 250. That the Wyandots are about 300. That thefe Indians were generally in the afllcn of the 20th Inftant, except fome h\:nting parties. That a reinforcement d regular troops, and 200 militia, arrived at Fort Miamis a fsw days before the army appeared ; that the regular troops in the fort amounted to 250, exclufive of the militia. That about 70 of the militia, including Captain Caldwell's corps, were in the aftion. That Col. J/I'Kee, Capt. Elliot, and Simon Girty were in the field, but at a refpedable diftance, and near the river. That Colonel M'Kee's eyiflence "now depends upon the ex- ertions he can make to retrieve the lofs and difgrace of the In- dians ; that he will ufe every influence and means in his power to rai.e the diftant nations to come forward immedi- ately, and afTiIl in the war. That fhould they not be able to coliefl in force fufliciept to fight this army, their intention is to move on tlie Spanifh fide of the MilfifTippi, where part of their nations now live ; tliat Blue Jacket told him, Lalfel, that he intended to move aomiediately to Chicago, on the Illinois. P 3 Examlnaiins Sti4 APPENDIX. Examination of John Bev'm, a drummer in the 2^th Brtiijh Regi* juiiit^ commanded by Colonel E7Jgland, Who fays, that there are now four companies of the 24th^ at Fort Miamis, avera;j:ing about 30 men, non-commiffioned officers and privates included ; that there were part of Gover- nor Simcoe's corps in the gairifon, together with about 60 Ca- nadiaiis ; that the whole number of men aftually in the garri- fon, including officers, &c. exceeded 400. That the number of Indians, Cai adians, Sec. in the a<5tion were at leaft 2000, according" to the report made by Colonel M'Kee and Captain E liot to Major Campbell nfter the action, who declared in his prefence, that there were a<5tually that number engaged ; that there were four nine pounders, two large howitzers, and fix fix- pounders mounted in the fort, and twr, fwivels, and well fup- plied with ammunition ; th :t the Indians were regularly fup- plied with provifiop? 'rawn from the Britifli magazine in the garrifon, by Col. M'Kee. That a deff rter from the American army arrived at the foit about eight days before the .trmy made its appearance, who gave information t > Major CampJ-ell, that the objeft of the Americans was to take thai port and gariifon ; that General Wayne told the troop? not to be unealy about provifions, that there were plenty in the Britifti garnfon ; that Governor Simcoe was expedted at that place every hour, in confequcnce '.f an exprefs fent to Niagara after the arrival of the dcierter, but had not arrived when he canje away ; that the diftance from F^rt Miamis to Detroit is 60 miles, w-hich is ge- nerally performed in two days. That the militia of Detroit and its vicinity amounts to near 20CO ; that a C-lonel Baubce commands them; that M'Kee is alfo a colonel of militia; that a Lieutenant Silve of the 5th Britifii regiment is in the Indian department, and afts as fccre- tary to Colonel M'Kee ; that a Captain Bumbary of the fame regiment is alfo in the Indian department ; that he faw a great number of wounded Iiidians pafs the fort, but did not learn what number was killed ; that the retiring Indians appeared much dejeded and much altered, to what they were in the morning before the adion ; that he knew of one company of volunteers, commanded by a Captain Caldwell, all white men, and armed with Britifii mufkets and bayonets, who were in the adion. jfamcs AP:PENDIX. iij parties NeilPs information to the Secretary of War, talcn an the 2\fl of Oacibcr, 1794. James Neill, a pack.horfe iran in the fervice of Elliot and Williams, aged about feventeen years, and belonging to Beard's town in Kentucky, was in the adtion of the 30th of June, at Fort Recovery, and taken prifoner by the Indians, together with Peter Keil, and another by the name of Cherry, all three pack-horfe men. After he was taken prifoner, he was carried to the Bri- tifli fort at the Miami, where, however, he was not permit- ted to be feen by the Britifh, as the Indians vt'anted to carry him to their own town. Thence he was taken to Detroit, and thence to Michelamackinac, where a Britifh officer bought him, who fent him to Uetrciu to Colonel England, who treated them well *, and fent uiem to Niagara, at which place Peter Keil, being an Irifhman, eniifted in the Queen's Rangers. Neill underftood that there were of Indians and ivhites, fifteen hundred in the attack of Fort Recovery. He him- felf did not fee the whole, but he faw upwards of feven hun- dred. He underftood they lofl a great many in killed and wounded. He himfelf faw about twenty dead carried off, and many wounded, while he was tied to the flump of a tree, about half a mile diilvint from the firing. The Indians, on their return to the Miami Fort, aflerted that no enemy ever fought better than the people at Fort Recovery, and Neill was told by Captain Doyle at Miche- lamackinac, tliat the Indians loft two to one that they lod at St. Clair's defeat. Neill was takea by the Shawanefe, and made a prefent of to the Ottavras, who live near the fcrt at Michelamackinac. Neill was at Detroit, vv'hen the news arrived of Gsneral Wayne's action with the Indian?, the 20th Auguft. He re- ceived the information from one John Johnfon, wl.o had been a deferter from General Wayne's army, and then was a militia- man of Detroit,- and in ihe action jigainft General Wyyne. He fpoke of the affair as a compleat defeat; that the Indians loll a great many, but he could not tell how many. He fiys Uie Indians, upon being defeated, wanted to take refuge in the * This fentence is printed verbatim, as it ftmds in the manufcrlft >raxilmit£ed to the Koufe of Rcprefeutatives of C /ngrsfs. P 4 BrltiOi 2i6 APPENDIX. Brit/fh Fort; that they were denied, which greatly exafpera- ted them. The militia oi Detroit were again ordered out, and feveral Captains put in the Guard-houfe for refi'ftng. He underftood the militia men were forced on board of "vej/ils, and fent to Roche de Bout. Upon his arrival at Niagara, he underftood that moft of the tro-ps were ordered to reinforce the garrifon at the Miami river, but Governor Sincoe did not go. Neill fays that i: was generally faid there were only feven hundred Indians at General St. Clair's defeat. Copy of a Letter from Constant Freeman, Agent for the De- partment of War in Georgia, to the Sxretary of War, Fort Fidius, 29th September , 1794. SIR, I HAVE the pleafure to inform you that the poft op- pofite to us, on the South f.de of the Oconee, has been taken and deftrnyed by the militia; and that General Clark and his adherents have been removed. Soon after the Governor's proclamation was iffiied againll General Clnrk, he delivered himfelf up to the fuperior court in the county of Wilkes, who difmilTed him, becaufe it v/as their opinion that he had not violated the laws of this State. This decifion greatly encouraged his party, and the fettle- ments were pulhed with vigour. The meafure had alfo be- come very popular, and it was believed by him and his adhe- rents, that the militia would never march againft them. Un- der thefe flattering circumftances, his works were completed. Huufes were erefled vvithin his forts. A town was laid off at Fort Advance, the poft oppofite to us. General Clark was chofen Major general, and placed at the head of the enter- prife. The members were eleded for the general committee, or committee of fafety, and every thing bore the appearance of a permanent fettlement. I enclofe you a copy of the letter written by General Clark on this occafion*, which has been furnifhed me by Colonel Melton. On the third inftant, Lieutenant Devereaux of Fauche's Pragoons, ftopt a waggon, faid to be Leaded with military ftores for Fort Advance ; but as nothing was found, it was * The letter above referred to is that iiiferted in this appendir, next alxr the copy of a petitipn, at the end of the prefent article. difmifred. APPENDIX. 217 difmifled. About this time the Governor received his orders from the Prefident of the United States. His Excellency di- redted one third of the militia to hold themfelves in readinefs to march. In the mean time, he fent Generals Twiggs and Irwin to General Clark, to induce him to remove. Vhefe officers vifited him at liis poll; and General Gunn and Mr. Carnes had an interview with him at GeorgetovvU, thirty miles from hence, but without effeft. General Twiggs had ordered Major Adams to crofs the river and endeavour by perfuafion to remove the fettlcrs from Fort Defiance, fix miles above. His life was threatened, and the perfon who commanded, ordered his men to fire upon him. -This exafperated the inhabitants in that neighbourhood, who held a meeting, the refult of which vv-as, that Major Adams fhould proceed to Augufta, and requell the Governor to give him orders to difpoifefs thefe people. On the twenty-third, a Cornet and eighteen men of Fau- che's Dragoons came to this poft, and near it took a prifoner, one of General Clark's Lieutenants. The fame day, a lieu- tenant and twenty men joined, took two prifoners and occu- pied the landing oppofite to Fort Advance ; and as far as their force would admit, cut ofi:' the fupplies. On the twenty fifth. Captain Fauche joined with another detachment of his his corps, and two prifoners. General Clark made every ex- ertion to ftrengthen his poft. Some of thofe above were abandoned, and the garrifon removed to Fort Advance. - General Irwin had collected a party of militia, and lay at Town Creek, nine miles from hence. On the twenty fixth, he encamped on the bank oppofite to Fort Advance. Colo- nels Melton and Lamar, Major Adams and other ofHcers of the militia, crofTed the fame day, with one hundred and thirty men, and cut off the communication on the fouth'fide of the river. General Irwin promifed General Clark that if he would evacuate the poft, himfelf and his men fhould be protected in their perfons and property. Accordingly, next morning, the baggage was removed, and in the evening a party of the mi-, litia took pofleflion of the works. Yefterday morning, the fort was fet on fire and deftroyed, and parties were detached to demolifh Fort Defiance and the other prfts above. There have been no lives loft in this bufinefs. The prifoners are all fet at liberty, except one, who is detained in our guard-houfe until farther orders. I never could, Sir, afcertain with any precifion the number of men who have joined General Clark in his enterprife. There have a great many enrolled themfelves who would not appear on zit APPENDIX. on the prefent occafion. The greateft force that has at any time been collected at Fort Advance, was on the morning of the iweiity fixth, when there were about eighty nien wuhin the fort ; but at the time it was taken the-o were not twenty. The militia have ihown great zeal to rapport the laws, and have preferved good order and c'-ndud. There has been the greateft harmuiiy between them and the Federal troops. They all returned to their homes yefterday, and were muftered before they left this place. I fuppole there have btea about two hundred excTufively of Fauche's dragoons. As foon as I receive ihc lolh I Ihall tranfmit them. It is of confequence that I fhould, Sir, inform you that fet- tling the lands on the South fide if the Oconee is a favcmrite objcdt with the inhabitants of the upper counties, although General Clark's plan has not been approved. They would conceive thernfclves fafe from Indian depreda- tions were thefe lands occupied ; and exertions will be made to induce the AiFembly, at their next feuion, to open a lanu office for that purpofe. I enclofe you the copy of a petition winch has been oifered to th: inhabitants in this neighbourhood. It is to be obferved that it has b;ten drawn up by the party the moft violently r ppofed to General Clark. It is a fmgular circumdance, Sir, that not the leafl oppofi- t:on, has been fliewn by the Indians to the fettlenients which were making on their lands, ctherwife than by reprelentations to the Governor, and the} have at no time been more quiet than they are al prelent. We have not heard from the nation {incc the fourth ultimo. Colonel Gaither propofes, as foon as he can procure a proper perfon, to fend a meifage to the Indians to inform them that the government has removed all encroachments from their lands. I have the honour to be, &c. Sec. (Signed.) CONSTANT FREEMAN. CcJ)y of a Petition for open'wg ett OJftce for the Lands South of the Oconee, ivhich is to Le prefentccl to the Legflature of Georgia. To the Honourable Senate and Houfe of Reprefcntatives ot" the (fate of Georgia. Your Petitioners humbly fheweth. Whereas the flate has an only right of foil to the vacant territory granted the Indians for tlieir hunting grounds, who dwells within its re- ipediivc limits, and who as a conquered people preferved merely APPENDIX. 2UJ snerel7 to themfelves the claim of vafTals, at the definitive treaty of peace concluded between the United States of Ame- rica and Britain, Sec. and that faid claim, through cruel out- ras;es, has frequently been broke by the moft aggravating hoftile proceedings on their part ; and that our government by a law entitled, '* An aft to fupprefs the violence of the In- dians," palTed in 1787, has guaranteed certain bounties to ful- diery raifed for the purpofe of repelling the dangers cf fuch unwarrantable doings of faid favages, togeth-r with other reafons which is too tedious to be defcribed here, which we humbly conceive juftice and policy loudly call on you ferioufly to confider, and actuated by the high fenfe generally enter- tained of the magnanimity and wifdom of the honourable the Legiflature, and from a mature conlideraticn become fenfible of the grand benefit an enlargement would fpeedily render to the flate from the rapidnefs of migration of fubftantial farm- ers from our fifter ftates and Europe, that ftands in need of farms. Your petitioners humbly folicit that you, in your •wifdom, may open an office for the land lying fouth-eaft of a line drawn from the Currakee mountain the neareft direction to the Chataouchee river, thence down the find river until it interfefls the Spanifli line, thence with the laid line to the tem- porary line on St. Mary's river. And your Petitioners, as in duty bound, will ever prav, &:c. &c. Copy of a Letter from General Clark, to the Comni'ittsc cf Safety. Fort Advance, 5th Sepicvder, 1794. Gentlemen, Your favour of the 3d inflant is now before me. Accept my thanks for your information and attention to what may, if ever negleded, fo materially injure cur enterprife. 1 confider myfelf honoured by meeting Avith the unanimous voice of all the officers belonging to the different garril'ons. I fhall always endeavour to acquit myfelf worthy of the com- mand committed to my charge. The information you have received agrees with mine from Augufta. The artillery of Augufta are ordered to be in readinefs to march in eight or ten days, and one third of the militia are direflcd to be draft- ed. It has been tried in Buike and Richmond crurities, but quite unfuccefsful. The troops declare ihey will not fijht againft us. I am happy to find the dllnoiition of the people With you fo exaftly agrees with my own friends here. I be- lieve 220 APPENDIX. lieve it to l>e the general difpofition of every garrifon. I am determinatelv fixed to nfk every thing with my life upon the iiTue; and for the fuccefs of the enterprife, you will apply to the inclofed orders how to condud yourfelves with inimical individuals. In cafe of a body appearing, you will give me the earlieft information. If you are fummoned to furrender in the garrifon, you muft refufe with a firmnefs ever accom- panying the brave. Inform thofe who apply, if you have done wrong, and the grand jury of the county have cogni- zance of your crime, you will cheerfully fubmit to be tried by a jury of your fellow^ citizens. But you confider any or- ders from the Secretary of War to be unconfticutional, the Governor's proclamation, as determined in Wilkes, illegal. I am informed that Captain Fauche's troop are dire.iffed to flop men and fupplies croffing to the fouth fide of the Oconee. They have no right to take hold of any private property what- ever, and for every thing detained to the value of nne {hilling belonging to any adventurer, they fhall fuffsr the penalty of the law. If fuch caie fhould tura up, apply to a magiftrate, and bind the par'v offending to the next fuperior court. To avoid difpute«, it will be belt to ufe a prudent precaution in every cafe. The prefident of the board of officers, E. Brad- ley, Efquire, mentions my appointing a meeting of the com- mittee of fafety, on Monday, the fifth of Odober. If it is the firft Monday of the month, that is the day on which our conilitution requires them to meet. If two members meet, they may adjourn from day to day, until the whole or a ma- jority of them can be convened. It is entirely out of my power to appoint the 2 2d of this month, or any other day, if it does not agree with the conftitution. You v/ill attend to appointing your members for the committee, on tl'e 15th of this month, at the feveral garrifons. Meet the firft Monday in next month, but in cafe of the election, as mentioned, the members who cannot attend on Monday, meet on Tuefday or Wednefday, that is, thofe who firft meet muft adjourn from day to day, until they are convened. Muft beg you to copy orders, and fend them to the feveral garrif ms above you. Your's, &c. (Signed.) E. CLARKE. Note. You receive one petit'cn which will fult every body, but a real tory. Our own people and particular friends will fubfcribe them with the addition of the office being opened to no perfons but thofe who will become fettlers. Copy APPENDIX. 221 Copy of a Letter from Constant Freeman, agent for the JDepartme7it cf War, in Georgia to the Secretary of IVar, dated Augusta, 12th OBoher, 1794. SIR, I have have the honour to inclofe a duplicate of my letter to you of the twenty ninth of laft month. I arrived at this place from Fidius laft evening. When I left the frontiers, the troops v^-ere in perfedt health, esceptiDg Colonel Gaither, who was then indifpofed. The Indians who had been for fome time quiet, killed and fcalped on the 30th ultimo, a white woman and a negro wench, near the Cow-lord, on the Oconee. They alfo have ftolen horfes and negroes from Liberty county. Colonel Gai- ther has received letters from the nation informing him that the Talifee king had gone out for war. The chiefs difap- proved of his conduft. We have not, however, heard of any mifchief being done by him ; and as runners were fent after him to perfuade him to return, I have hopes that he has not proceeded. As foon as I fhall have examined and forwarded the militia muftcr and pay rolls, for the fervices performed laft year, I fhall return to the frontiers. Your's, &c. (Signed.) CONSTANT FREEMAN. Co/>V of a Letter from the Secretary of War to his Excellency the Governor of Georgia, dated War Department, July 28th, 1794. SIR, IT is with great regret that the Prefident of the United States has been lately informed that a confiderablp body of people, in the upper part of Georgia have affociated themfelves for the purpofe of fetting up an independent go- vernment, on the territory belonging to the Creek Indians, and of ereffing forts from the Oconee to the Oakmulgee, We only.underftand in general here, that fuch a movement without the fandtion of your government, is contrary to the laws, without being informed at the fame time of the name and decree of offence in your criminal code. Notwith- 222 APPENDIX. Notwlthftandlng the formation of a new ftate cannot take place, without the confent of Congrefs, as well as the ftate concerned, and the United States on application of the legif- lature, cr of the executive of a ftate, when its legiOature can- not be convened, are bound to protcdl it againft domeftic vio- lence ; it might perhaps be proper to leave this attempt under its prefent circumftances, to the management of your own ftate, if it were not that the laws of the United States are in- fringed thereby. And yet, Sir, fo ferious a ftruggle as this againft the authority of the ftate, and the eredion of forts, (both of which fteps may be fo eafily turned againft the United States,) would be fufiicient in ihemfelves to call forth precau- tions on the part of the general government. The Prefident, however, entertains the moft perfetS reli- ance on your exertions to repel the mifchief arifing from this quarter. But the government has its own obligations to fulfil on this occafion. The Prefident is required, by a law of the United States pafled the 28th February, 1793, entitled, " An a(5t to regulate trade and intercourfe with the Indian tribes,'* to take fuch meafures as he may judge neceiTary to remove from lands belonging to any Indian tribe, any citizens or in- habitants of the United States, who make or attempt to make a fettlcment thereon. We cannot expect to live In peace with thefe tribes, if indi- viduals are at liberty to invade their lands. We cannot ex- peft to bring them to the proper temper for any of the opera- tions of government. Thefe confideratious determine the Prefident to meet the evil in the commencement, and he therefore requefts your excellency to adopt the following line of condudl without delay. ift. To warn by proclamation thefe difturbers of the peace, that they are otfending againft the laws of the United States and of Georgia, and that their attempts will be repelled bj military force. 2d. To embody fuch parts of your militia as may be necef- fary to accomplifti the bufmefs with decifion. 3d. To call upon the commanding officer of the Federal troops in Georgia, who is inftruded to obey your excellency's orders, to co-operate in the removal of thefe fettlers from the Indian lands. The foregoing is founded on the fuppofitlon of the intelli- gence ftated at the head of the letter being true. Indeed it is APPENDIX. 223 13 fuppofed to be known to your excellency to be true. If it be not of the magnitude reprefented here, ftill a monitory proclamation feems to be expedient, . and upon the whole of this affair it is confided to you to render your efforts commen- furate with the neceffity, fo as in the moft complete manner to avert the evil which threatens the United States from thefe turbulent fpirits. The Prelident moreover requefts your excellency to com- municate to him at tlie earlieft poffible moment, the ailual ftate cf things in your quarter, and particularly to note whe- ther it will be receirary to rcfnrt to the militia of any other ftate fo.- aid. The Attorney of the United States for the dif- tricft ol- Georg-ia will receive your commands and be ready to mftitute pr<'fecutions in any cafes, which you may be pleafed to lay before him. Copy of a Letter from the Secretary of the Treafury to his JLxcel- lemy the Governor of Georgia^ dated War Department, September 25th, 1794. SIR, In the abfence of the Secretary at War, I have the honour to acknowledge the receipt of your letters to his de- partment of the 5th, 19th, and 30th of Auguft, and to reply to fuch parts as are the moft preffing, referring the others to the return of that officer. Among the pofts which have been eftablifhed, that at Doc- tor's-town creates a queftion, in confequence of Lieutenant Colonel Gaither's informatir^n, that it is within the India!i boundary. This is a matter which ought to be unequivocally afcertained, and if found to be w'thin the Indiaa line, or if it be even doubtful, whether that be the cafe, the poll: muft be immediately removed. It is deemed effential that no en- croachment fliould take place. And your Excellency rs relied upon for a ftrict and fcrupulous adherence to this principle. Under the circumRances which led to it, the Prefident has thought proper to authorize the adoption by tf'e United States of the new troop ordered by you into fervice from the time of its commencement, and to continue until the fird of Novem- ber enfuing, v.'hen it is to be diHsandcd, And you are at liberty, if the ftate of things fhall render it in your judgment effential to fubftitute at that time a company of infantry for the fame fervice.- Corps of horfe,. upon the terras on which tlij,t in queftion is engaged, are expenfive in 224 APPENDIX. the extreme, and in a much greater proportion compared with infantry, than any fuppofeable fuperiority of ufefulnefs can juftify. Indeed it would require a treafury much better fup- plied than that of the United States to fupport the expence of a multiplication or extenfion of fuch corps. Confequently, that multiplication or extenfion would tend to defeat its own objed ; for our inftruments of defence to be durable muft be relative to our means of fupporting them. And when we find, as in the inftance of the infurreftion now exilling in the weft- ern parts of Pennfylvania, that thofe for whofe immediate benefit the objefts of military expenditure occur, are amongft the firft to refift even to violence the neceffary means of de- fraying them, it is eafy to appreciate the perplexing dilemma, to which the government is reduced, between the duty and the meam of affording protection ; and the neceffity, confequently, of (Economy in the modes of effedting it. Your Excellency is pleafed to exprefs your concern at being fo repeatedly compelled to folicit protedtion for the ftate of Georgia. This is not underftood as implying any want of due difpoiition on the part of the executive of this government to afford all the protedlion which is within the compafs of the means placed within its power, having regard to all the ob- jects which, along a very extended frontier, equally demand attention. It is not doubted that you render juftice in this refpecl to the views of the executive. But the obfervation you have made in this particular, natu- rally leads to another, which calls for the moft ferious atten- tion of the governments of the States expofed to Indian de- predations. It is this, that there is a reciprocal duty in the cafe. The obligation upon the United States to afford ade- quate protedion to the inhabitants of the frontiers, is no doubt of the higheft and moft faci-ed kind. But there is a duty no lefs flrong upon thole inhabitants to avoid giving occafion to hoflilities, by an irregular and improper condudt, and upon the local governments fmcerely and effectually to punifh and reprefs inftances of fuch condud, and the fpirit which produces them. If thefe inhabitants can, with impunity, thwart all the meafures of the United States for reftoring or preferving peace, if they can with impunity commit depredations and outrages upon the Indians, and that in violation of the faith of the United States, pledged not only in their general treaties, but even in the fpecial, (and among all nations, pe- culiarly facred) cafe of a fafe condufl, as in the inftance of the attack upon the Indians, while encamped within our pro- tedipn, on the tenth of May laft, can it le fuiprifing, if 4 fuch APPENDIX. 22S fuch circumftances Ihould abate the alacrity of the na- tional councils to encounter thofe heavy expences, which the protecftion of" the frontiers occafions, and ot; the readi- nefs of the citizens of the United States, diftant from the fcenes of danger, to acquiefce in the burdens they produce? It is not meant by thefe remarks to diminilh the force of the excufe, within due hmits, which is drawn from the conduct of the Indians, towards the frontier Inhabitants. It cannot he denied that frequent and great provocations, to a fpirit of animofity and revenge are given by them ; but a candid and impartial furvey of the events which have from time to time occurred, can leave no doubt that injuries and provocations have been too far mutual ; that there is much to blame in the condudt of the frontier inhabitants, as well as that of the In- dians. And the refult of a full examination muft be, that unlefs means to reftrain by punching the violences which thofe inhabitants are in the habit of perpetrating againft the Indians, can be put in execution, all endeavours to preferve peace with them mull be for ever fruftrated. An example worthy of imitation, in its fpirit, has lately been given by the furrender to Governor Blount of feme In- dians who lately committed a murder upon one John Iflian, an inhabitant of the South-weftern Territory ; and who have been tried and executed. The record of fuch an example of juftice and fair dealing will give occafion to us to blufh, if we can cite no inilance of reciprocity, amidft the numerous oc- cafions which are given for the exsrcife of it. Thefe refledlions your excellency may be affured, are merely defigned to prefent to confideration fojne very important truths; truths, a due attention to which are of the moll ferious con- cern to thofe dates which have an expofed frontier. To give full weight to their claims lapon the exertions of the union to affoid the requifite proteftion, it is of great moment to fatisfy the United States, that the neceffity for them has not been created, or promoted by a culpable temper, not fufficiently rellrained, among thofe to whom the protection is immediately to be extended. The Prefident learns with great plaafure, the meafures your excellency had begun and was about to purfue for the removal of the fettlers under General Clark. It is impoflible to con- ceive a fettlement more unjuttifiable in its pretexts or more dangerous in its principle, than that which he is attempting. It is not OMly a high-handed ufurpation of the rights of the general and ftata governments, and a moft unv/ar rant able en- croachment upon thofe of the Indians, but proceeding upon Q„ the '1^6 A P P E N D I X. the idea of a feparate and independent government, to b« eredted upon a military liafis, it is effentially hoftile to our re- publican fyftems of government, and is pregnant with incal- culable mifchiefs. It deeply concerns the great interefts of the country that fuch an eftablilhment iliould not be permitted to take rcrt, and that the example fhould be cliccked by ade- quate punifhment, in doing which, no time is to be loft, for fuch is the nature of the eftablithment, that it may be expedted rapidly to attain to a formidable magnitude, involving great expence and trouble to fubvert it. The Prefident therefore depends abfolntely upon meafures equally prompt and efficacious to put an end to it. Mr. Haberiham, agent for fupplies, is inftru(!T-ed to co-ope- rate, and the Governor of South-Carolina is requefted to af- ford upon your application the aid of the militia cf that Hate, if circumflancss, as does not appear probable, fhould require it. No agreement or arrangement, which may be made, or pretended to be made, between thefe fettlers and the Indians, ought to be fufFered to make any alteration in the plan of fup- prefllng the fettlement, for no fuch agreement or arrangement can poiTibly be legal, or confidering the manner in which the fettlement has been commenced can, without affording a moft pernicious example, receive the future fanftion of go- vernment. You defire inftrudions with regard to the prifoners that may be made, in the event of the employment of force. You will be pleafed to caufe them to be delivered over to the cuf- tody of the judiciary, and in preference to that of the United States ; as their laws define and prefcribe particular punilh- ments in fuch cafes. (Signed.) ALEXANDER HAMILTON. Copy cf a Letter from the Governor of Georgia y to the Secretary of War. State- houfe, Auguffa, 19th Auguft, 1794. SIR, I HAD the xpleafure to receive your communication of the 28th ultimo, this day, and it is with real regret I inform you, that the information therein contained is in a great part too true. Some time in May, I learnt that fettlements were making on the fouth-wefl fide of the Oconee. The fuppofition ^en was, that the adventurers were part of thofe wlio had em- embarked APPENDIX. 227 barked in the French intereft, and that, in a fhort time, they v/ould of themfelves difperfe ; but finding that not to be the cafe, and fearing left they might contemplate a ferious fettle- ment, I, on the 20th of May, ordered General Irwin to diredt the fettlers immediately to remove. Soon after I was in- formed the removal had taken place. On the 14th of July I received a letter from Lieutenant Colonel Gaither, ftating, that Elijah Clark, late a major-general in the militia of this ftate, with a party of men, had encamped on the fouth-weft fide of the Oconee, oppofite to Fort Fidius. On the 24th, General Irwin fent a couple of officers to Clark, with orders for him to move ofl' immediately, which he pofitively refufed ; and on the 28th, I iil'iied a proclamation, forbidding fuel; unlawful proceed- ings. I alfo w rote to one of our judges to ifTue his warrant, and have Clark apprehended. At the Supreme Count ia Wilkes county, I am informed he furrendered himfelf to the judge, who, on confulting with the attorney-general, referred him to {omc of the juftices of the county. A copy of their de- cifion is herewith enclofed, and from which there is reafon to conclude there are too many who think favourably of the fet- tlement ; but I ftill flatter myfelf a large majority of the citi- zens are oppofed to fuch lawlefs adts. Inclofed is a copy of my inftrudions to Captain Fauche who commands the troop, I informed you in my letter of the jtli inftant, I had called into fervice. It will be neceflary, I con- ceive, for the captain tn be reinforced with another troop, which I fhall immediately order, and with which I am hopeful the ob- jecfls of his command will be elfedted. Should it prove other- wife, I fhall lofe no time in having recourfe to a fufficient mili- tary force, for however unpleafant the taflc may be of fhedding the blood of acquaintances, and thofe whom we wifh to view, as fellow citizens, yet the Prefident may reft afTured no exer- tions on my part fliall be wanting. Herewith I tranfmit a copy of a talk I fent lately to the Creek Indians, and a copy of a depofition of William Jones, taken by Judge Walton. I fincerely wifh it had been in my power to have given a more pleafmg account of the fituation of things in this quarter. (Signed) GEO. MATHEWS. Q^ 2 Difcharge 323 APPENDIX. Dijtharge of General Clarh by the Jti/ltces of Wilkes County,''- State of Georgia, Wilkes County. Whereas a proclamation was ifTued on the 28th day of July laft, by his Excellency George MalJiews, Eiquire, Go- vernor of this ftate, bating that Elijah Clark, Eiquire, late ma- jor-general of the militia vi this ftate, has gone over the Oconee river, with an intent to eftablilh a feparate and independent government on the lands allotted for the Indians, for their hunting grounds, and commanded, in the faid proclamation,, all judges, jufticesjlheriffs, and other officers, and all the other citizens of this ftate, to be diligent in aiding and allifting in ap- prehending the faid Elijah Clark, and his adherents, in order that they might feverally be brought to juftice ; and whereas the faid Elijah Clark, who is the objeft of the faid pi-oclama- tlcn, bath this day perfcnally appeared before ns, the undei-- figned juftices of the peace for the county of Wilkes, and fur- rendered himfelf into cuftody, and it being our duty to do fpeedy juftice to the faid ftate, as v^ell as the party charged, we proceeded to the moft mature conftderation of the caufe, and after an examination c;f the lav/s of this ftate, and the trea- ties made, and laws paifed by the United States, do give it as Gur decided and unanimous opinion, that the faid Elijah Clark be, and is hereby difcharged. (Signed) R. WOVSHAM, J. P. R. CI-IRISTMAS, J. P. True Copy, G. WOOLDRIDGE, J. P. Atteft, Wm. bell, j.P. J. MERIWETHER, Sec. E. D.* Inflrv."'iotis for Captaw Fauche. SIR, State-hoDfe, Augufla, 30tb July, 1794. You v>-lll recruit a troop of horfe, to confift of (be- fides commiffioned officers) fix ferjeants, fix corporals, one far- rier, one trumpeter, and eighty.fix privates, and ftation a fub- ferjeant, a corprral, and twenty dragoons, at each of the fol- lowing places, viz. Waffords, the High Shoals of the Appalat- chie, Fort Twiggs, and the White Bluff. A ferjeant and fix dragoons you ^\\\ fend to Phillips' Mile Shoal. The detach- jnent at Waffords will perform as conftant a fcout to Ward's tlation on Tuo-alo, and the Hurricane SLoals of tlie Oconee, as '" ftallion APPENDIX. 229 t)ie horfes are capable of. Thit at the High Shoals of the AppaUuchie will in like manner fcout to the Hurricane Shoals, and to the mouth of the Appalatchie ; that at Fort Twiggs to the mouth ot' the Appalatchie and to Fort Fidius ; and that at the White Bluff to Fort Fidius and Kiirr's. Bluff. You will take care to render the citizens every proteftion in your power, and endeavour to prevent parties of men frnm croffing the tem- porary line, except in cafes where they are in purfuit of Indians that have committed murder, or (lolen propei-ty. In thofe cafes you will ufe yoarbeft ex-rtions to recover the property, - and chartife the offenders. You will be particularly vigilant in preventing proviuons or parties of men from being thrown into the ports wh'ch have been eftablithed without authority, by Elijah Clark, Efquire, on the fouth-weft fide of the Oconee ; and in cafe eicher faould fall into your handi, you will take them to the neareft magif- trate, in order that the men mav be bouKd over to their good behaviour, and the provlfions fu'DJe>5ted to a legal adjudication. You will conduft ynur^eli with the greatell circumfpection, and in no inrtance commit an adt of holfility, unlefs in felf preferva- tion. You are to inform Lieutenant-Colonel Gaither you will re- ceive his orders in any emergency that may occur. Should any Indians- come on the Frontiers in a friendly manner, for the purpofe of reftori:":^ prifoners or property, you will treat them with friendfliip and attention. Your knowledge as an officer renders it unnecefTary for me to urge the neceffity of a ilrict difcipline being obferved in your troop. True Copy, Atteft, I. MERIWETHER, Sec. E. D To the Ht ad-men and Warriors of the Creek Nai'ion. State-houfe, Augufta, iithAuguft, 1794, FaiENDs AND Brothers, I HAVE received three talks from your land by Mr, Mordecal, part of which I take well ; others I am at alofs what they mean. When your headmen were at New- York, and made peace with General V/afhington, the great warrior of America, I was there. Agreeably to that treaty, the river AppaLitchie, or Tulapaka, was agreed to be the temporary line between your nation and the people of Georgia. Some goods were prom.ifcd to you, v.'hich you received, and you were to make a plain line between our people and yours. This you f lihd to do. Some 0.3 to 230 APPENDIX. time after, General Wafhington, your father, heard you were poor, and wanted bread for your fquaws and children. To re- lieve you from want, he fent you corn to St. Mary's, for ■which he afked nothing. Agreeably to his promife, a flore was opened there for you to trade to, as your father hoped by this kind treatment that the good men of your nation would return the property you promifed at the treaty at New-York, run the line, and be at perted peace and friendlhip with all white people of the United States. After all this kindnefs, what have your nation done ? You have not returned our prifoners, nor reftorcd our property, nor adled as friends. The men that kept the ftore for you to trade to, were killed by your people, and the goods car- ried into your land. You have not puniflied the men that did this, or given any fatisfa<5tion for the injury done. John Golphin was the main hand in thofe muiders and robbe- ries. Major Seagrove informed me laft winter he was con- demned to die in your land, and had fled to the Spaniards. I am informed he is now returned as their agent, and wifii- ing to difturb your land with bad talk, and wants you to go to war v.ith the United States. This is Mr. Panton's doings. He v.iflies to have all your trade, and make you give what prices he pleafes to aik you for his goods. Does your father, General JVaJljhigton, order any of lis agents to ajli you to mahe luar en any other nation ? No ; he is too good a man to do it. He tuifloes to fee you and all nations at peace and friendjljip. You have killed many of cur citizens, and car- ried away a great number of our horfes, cattle, and negroes. All this your father General Walhington has borne with, from a wifh to be the friend of your nation, and all the white* per- ple, as he is to all white ones. As a proof of this, he fent Ma- jor Seagrove into your land lafl winter, to fee if peace was to be reftored. You told Mr. Seagrove you were for peace, and that you would give up the priloners and negroes, and return the property ; but in the fpring when he returned, he only brought four priflmers, and none of our negroes or property. After {o many dilappointments on your part, afk yourfelves, what your father General Wafhington, or the people of Geor- gia have to expect from you. On his part, all the goods that were promifed you have been given, and a wifh ftill remains to keep the path open and white ; and with your nation it refts, whether it Ihall be fo or not. If you return to us our prifoners ^nd property, reftrain your bad men from ftealing our horfe?, all will be peace, and General Walhington will open a trade to * Perhaps it ftould be red. your APPENDIX. 231 your land, when you may have goods for one-fourth lefs than you now give Mr. PaaLon for them, and get more for your fkins and furs. In one of your talks, you fay a fliip of Mr. Panton's is taken, that was bringing your goods, and afk whether wc are at war with the Britilh and Spaaiards. To which I anfvver, we are neither at war with the Britifh nor Spaniards, or know or care any thing about Mr. Panton or his Ihip. The Britilh and Spa- niards are at war wiih your fathers the Frenchmen, who have taken a great many of their fhips, and it is poflible Mr. Pdu- ton'b is one of them. »♦» Friends and Brothers, In wars between white people, I would advife you to take no part. Peace is bsft for you. Carry your fkins and furs to the nation that will give you mod for them, and let you have goods cheapeft, for compared with any white nation, you are a poor and v/eak people. You cannot make your own cloaths, nor guns that kill your provifions, nor your powder or lead ; therefore you are in need of the affiftance of white people ; and Jhould male it your ftudy to be at peace with them all; and when any white men wifli you to ^o to war on their account, they wiih to ruin your nation. You alt about forts on the Appalatchie, or Tulapaka, There are two forts built by my orders on that river. I told the White Bird king laft winter at Ford Fidius I would build them. Our lituiition with the Cherokees required it. They are on the north llde of the river, and on the land that was given by your nation at the treaty at New- York, for which you have been paid, and cannot fee vvhy you com- plain of it. By that treaty your nation is to receive twelve hundred d hilars a-year for the lands, which is ten times as much as all the game you can kill on it In one year is worth. I cannot fee how your nation can difpute the river's being the line, as it was agreed on at three treaties in Ge- orgia, and the one at New- York. At the one at New-York, all your warriors that met General Wa liington, your father, in the great Council houfe, where the old men of the Uni- ted States fit to make laws for the whole nation {^agreed to it*.~\ The treaty you had fiq;ned was read and interpreted, and General Walhlngton on his part, for the United States, promifed to perform it, and all your warriors then promifed * The words enclofed are fupplied by the editor. They feem requif.tc to complete the meaning of the leutence . 0^4 ^ 232 APPENDIX. the lame on the part of your nation. From this it appears to me, you ofily v/ifh to treat with a view to get pielents, and have no intention of complying with any part of your treaties. The fort you complain of on the Oconee is not built by my orders, nor your father General Walfeington ; it is done by men that are a(fl:ing without any authority. I am informed they intend to rent the land oi you ; but if you don't chuie to let them live on it, and you will comply with your treaties, by giving up our prifoners and reftoring our property, you need not be uneafy about them. Your fa- ther General Wadiington will have them put off of it. You talk of two men you had killed on the Oconee lad winter. I might tell you of many. You have killed our people ; but I refrain doing fo. If we wifh to have peace, we muft not tliitik of matters that are paft. We muft pull up a large oak tree, bury the bones of thofe that have been killed on both fides under it, then plant the tree, that it may grow in remembrance of our being one people. Then, when we meet in the woods, we will eat and drink together friends, and not wifh to kill one another. You fay you are afraid we wilh to take all your land ; that it is your father, and can't fpare it. If you will be at peace, we want no more of your land. It is a father to us as well as you. By plowing and planting, it gives bread and meat to our wives and children, and gets us all the goods we want. But when your bad men fteal our horfes, we cannot plough, and work our land, and our wives and children wai-.t meat and clothes. Therefore, when you fteul our horfes, you rob us of what cur father the land gives us. Friends and Brothers, Open your ears, and hear now what your father fays to you. If you llain our land again with blood, your father General Wadiington will not think of peace with you again. Your land will be the feat of war, and you will have no place of fafety for your fquaws and children ; but if you liften to the talk of peace I now fend you, and return our prifoners and property, I will write to your father General Wafhington to open a trade with you, fo that your nation may be fupplied \Tith every thing you want. We live in the fame land, and under the fame fun ; therefore good fenfe and reafon fay we fliould he friends. Major Seagrove, your friend, has gone to fee your fa'her General Wafhington. He was fick for fome time after he left your nation. Therefore you muft not expe(fl: to fee him as foon by two moons as he told you. True Copy, Atteft, I. MERIWETHTR, Sec. E.D. Depoftion APPENDIX. 233 Depifition of JVilliam Jones, Georgia. William Jones, cf the county cf Wilkes, in the State aforefaid, being duly fvvorn m^keth oath and faith, that about four months ago, he was employed and did go through the Creek country, to carry a letter to Ford, Rtid, and Co. at Penfacola, from Willing, Morris, and Swanwick, of Phila- delphia ; that arriving at Penfacola, the Lieutenant Governor direfted him to go to the principal Governor at New Orleans, •which the deponent did ; that returning from New Orleans, and arriving at Penfacola about four weeks (ince, he there faw Colonel Brown and Colonel Richard Paris, of and from the ifland of New Providence, 'luith httcrs from Lord Dumnore to ths Governor of Penfacola, to obtain a paffport to the Creek country, which letters he faw delivered ; and that the deponent under- ftood they had a large quantity of goods for the Creeks, and was told by Baillie China, and the Indian trader Ruffe!, that they were to hold a treaty with the Creek nation. The de- ponent further faith, that from the above fads, and the cir- cumftance of the apparent gladnejs of thy. tories, v.'ho fled from the States and live there and at Tom Bigby, he fuppofes they were on a public embaffy, and not on a trading fcheme. The deponent upon his faid oath, further faiih, that the houfe of Panton, Leflie, ond Forbes, lately fent a parcel of good to the Chickafaw country, and that the Mountain Leader had feized them, and made prifoners of the traders, alleging a treaty with the United States ; and the deponent heard that their goods were alfo fent by tlie diredicii of the faid Brown and Paris. (Signed) WILLIAM JONES. Sivor/i to in Severn County, 1 '• the l^t.h day of Augiill, 1 794. j In addition, the deponent further faith, that although he had been promifed a pafs to return to Georgia, after the ar- rival of Bronun and Paris, he was reiufed, othervvife than cir- cuitcuily by water. Sworn as above, before me, GEO. WALTON. One of the Judges of the Superior Court for the body cf the faid State. Taken from the original, EDWARD WATTS, Sec, E. D. Copy 234 APPENDIX. Copy of a letter from his Excellency the Governor of Georpa, t» the Secretary of IVar : Statc-houfe, Augulla, 30th Auguft, 1794. SIR, Nothing extraordinary has taken place fince my communication to you of the 19th inftant. I have to reqiieft the Prefident's inftruftions with refpedt to the prifoners which may fall into my hand?; in the event of a military force being employed againft the fettlements forming on the fouth-weft fide of the Oc.niee. Inclofed I fend you a printed copy of Judge Walton's charge to the Grand Jury of the county of Richmohd. I feel myfelf much indebted to the Judge for his fpirited exertions on this occalion. I have furnifhed General Twiggs wilh copies of that ch?.rge, the folicitor-general's opinion, and your letter, and direfted him, to repair to the fettlements before alluded to, and after ex- plaining the nature of his million, to order the fettlers imme- diately to remove. Should the order not be obeyed, I (hall lofe no time in drawing together a force adequate to compel- ling them. I have no doubt of your having inftruded the agent of fup- plies to diredt the contrad or to furniih vi'hat may be wanting in the commililiry's and quarter mafter's department. (Signed) GEO. MATHEWS. fudge Walton^ s Charge to the Grand Jury of Richmond county State of Georgia. Gentlemen of the Grand Jurv, The Eaftern Circuit, for the prefent fummer ended in Burke. The term for this county being appointed to be held after all the reft, it is to be confidered as the court at v;hich the Judges are met to decide on cafes referved for confultation, and by an union of feffion to affimllate the dodrine and prac- tice nf the circuits, and to clofe the whole in like manner as it ufed to be in Burke. With the knowledge and experience of this ufage, and with this conftruftion of the intention of the legiflature, I do pro. pofe to {hare the labours and refponfibility of office with my Brother Smith upon the prefent occafion. I ftall do thii the more readily, becaufe the moment is eventful; becaufe the eyes of the Union are necelfarily turned towards APPENDIX. 235 towards this State, and becaufe it is difgraceful for public men to llirink from the duties of their appointment. In addition to the prefentment of the Grand Juries for the counties of Chatham and Burke where 1 prefided, I have feen in the public prints, that it is alleged by the executive depart- ment of government, that certain and divers perfons have gone over the temporary boundary line, between the white and In- dian inhabitants of this State, " with intent to eftablifh a fepa- *' rate and independent government on the lands allotted to " the Indians for their hunting grounds ;" that the procla- mation in which this is alleged, warns the citizens from en- gaging in fuch unlawful proceedings, and commands and re- quires all judges, juftices, fhenffs, and other officers, to be aid- ing and affiiling in apprehending and bringing them to juftice. What has been done in purfuance of this proclamation I know only from general report and the public prints. Thefe ftate that General Clark, who is at the head of the enterprife, furrendered himfelf at Walhington in the county of Wilkes, during the fitting of the Superior Court, to a juftice or juftices of the Peace, and was difcharged as having offended againft no known law. Not hav'ng been in the way to aft, and duly refpedtlng the prefentments of the grand juries before-mentioned, as well as the executive department, and the government of the United States, I confider it a duty I am not at liberty to difpenfe {'with), as one of the Judges of the Republic, to ftate this cafe in my place for your information, and that of my fellow-citi- zens at large. In doing this, I feel myfelf moved by no other confiderations than thofe of the public law and order, the colleftive and in- dividual rights of the citizens, and the obligations of ofEce. With the gentleman who directs this enterpri/.e I have been a long time in the habits of regard and friendfhip ; I have known his virtues and have eiteemed them. In the long and arduous war which produced cur liberty and indepeiidence, he ftands high in the lifts of revolutionary patriots and foldlers. But he himfelf will forgive and juftify me in detailing the laws againft a fcheme which tends to undermine the fair fabric he contributed to raife, and to fubvert the order of that fociety (of ivhlch) he has been fo long an ufeful member. It was in a former charge to the grand jury at AVafliington, in Wilkes county, in the furamer weftern circuit of the year 1792, that I had occafion before to treat of this fubjeft. It ■was then, and at that place, that I ftated the cxifting laws ajgaiaft encroachments on the Indian hunting grounds b^'long- ing 23^ APPENDIX. ing to this State ; and before a very large aflemblage of the citizens, and which the prefent occafion demands to be re- peated. Before the revolution the laws impofed the fevereft penalties upon thefe encroachments. But, as there fiicceeded a new order of things, we will confine our attention to the ads which which have been paJi'ed fmce. Immediately after the peace, a law palled at Savannah for opening the land-oflice, dated the 17th day of p'ebruary, 1783. and which contained the following chiuft : " And be it further enafted, that all furveys which have or may have been made, or lines run by any means or under any pretence whatever, beyond the prefent temporary boundary line witliin this State, between the white inhabitants and the InJians belonging to the fame, or on any part of the lands not already laid out into counties, but allowed to remain as hunting grounds for the Indians at prefent, Ihall, and the fame is and are hereby declared to be null and void to all intents and purpofes, as though fuch fur- veys or lines had never been made; and all and every perfon and perfons whatfoever, who fhall hereafter furvey or aflift in furveying, or procure to be furveyed and marked with lines, any of the lands above defcrlbed, whereon the Indians are allowed to hunt for their fupport, or who fhall obtain or at- tempt to obtain a grant for the fame, before fuch lands are taken within the boundary of the white inhabitants of this State, and the mode of granting fuch lands fo to be taken in, be agreed and determined on by the legiflature, and publiflied by proclamation, all and every fuch perfon and perfons Ihall forfeit and pay a penalty of twenty fliillings for every acre of land, he, (he, or they Ihall fo run, or attempt to run or obtain, or attempt to gain a grant for, which faid penalty fliall be recovered in any court of record or confcience (according to the amount thereof) within the State, and Ihall be for the ufe of any perfon or perfons who will inform of and fue for the fame, either by way of Information or action ; and if the per- fon or perfons agalnft v.'hom a judgment Ihall be obtained for any penalty as aforefaid, fhall be unable to pay the fame, or will not produce property whereon the Sheriff may levy tu the amount thereof, he, fhe, or they, Ihall be liable, and the jufticcs of the ccamty v/here fuch caufe fhall be tried, fhall order him, her, or them, Into clofe confinement without bail or mainprize, I for the fpace of two days for every twenty Ihillings the faid penalty fo recovered aforefaid fhall confift of, and which fliall remain unpaid out of the property of the delinquent." And to another claufe In the fame ae will defift from an enterprize fo pregnant with evils to her. It is not to be wifhed, that the Federal government fhould liave occafion to exert its power upon any fuch occafion. It might one day give colour to pretenfions not confonant to the interefts of the State. There ought to exift no fears at pre- fent ; but who can keep pace with the progrefs of time, and of Revolution ? Gentlemen of the Jury, I have now given a ftate of this cafe to you, and to the world. In doing it, 1 have done my duty ; becaufe I think fo. At the feat of government, in the centre of bufmefs, and where courts fo very frequeirtly i-eturn, it is not neceffary for me to add any thing upon your particular duties. Intend well, and iift as you intend, Confult your oath, and be governed by it ; and you canaot fail to do right. (Signed) GEORGE WALTON. Augufta, 26th Auguft, 1794. Extra 8 of a Letter from the Governor c/" Georgia, to the Secretary of IVar, dated Siate-Houfe, Augnflaf OSloler 12, 1794; received November 8, 1794. Major Twiggs having returned from the fettlements formed by Elijah Clark, on the louth-weft fide of the Oconee, with a pofitive anfwer from Clirk that he would not relinquiOi his enterprize, I loft no time in putting Brigadier-General Irwin in motion, with a fufficient detachment of militia to cut c £F the communication, and otherwife ad as circumftances Ihould require. I alfo ordered another detachment to hold thcmfelves in readinefs to march as foon as fome heavy artillery could be brought from Savanah, but from the prudence and addrefs of General Irwin, the marching of this detachment became un- neceflary. He foon compelled the adventurers to propofe re- linquilhing their unlawful attempts, and fubmit to the laws of their country. The polls are all burnt and deftroyed, and the 3 whole APPENDIX. 241 whole bufinefs happily terminated without the lofs of blood. I have the pleafure to inform you the militia on "his occafion fhewed a determined difpofition to aft with firmnefs, in fupport bf the laws of their country. Inclofed you will receive a copy cf a depofition relative to fome murders and depredations which hav?? lately been com- mitted by the Indians in Greene county. I have alfo received a letter frorh General Jackfon, informing me of fome negroes and horfes which have been taken fmm Liberty county, and late accounts from the Creek ration ftate, that tlie Taliifee King, and Broken Ari-ow, are both for war. State (?/" Georgia, 7 n-j 111 r i- ,r t n p / \ J- be year and day hereafter fpecijied. CaMe before me MefTrs. John Mikal, waggon-man, and Davis Harrifon, of aforeiaid State and county, and after being duly fworn, declareth that on the 30th of September, 1794, they both Were near Fort Fidius, where a young lady of the nnme of Catharine Ceifna had been juft fhot down, and on examination found a gun fhot wound through her body, of which wound fhe died and had been fcalped. They alfo de- clare having feen a negro wench which had received two gun- fliot wounds, and was fcalped, but had yet life in her; that by every circumftance they have reafon to believe thefe horrid murders were committed by Indians ; that they have heard the negro wench declare fhe faw five ladians, and that fhe was thus barbaroufly treated by them. The aforefaid deponents further faid nothing. September 30, 1794. 1 DO certify the above to be the truth, being there fhortly" after, and feeing the dead and Vv-ounded, and followed th^ trail of the faid Indians fome diftance. (Signed) GEO. REID, J. P. Sworn to the above ^ on the above date, 'e,\ • i R Copies ^42 APPENDIX. Cor IF s of the correfpondence between the Governor of Fciinryivania, and the Secretary of War, relative to the eftab- lilliment at Prefqu'ule, were iiKo communicated by the Prcfident to Congrefs along with the preceding articles, by his meilage of the 2oth of November, 1794. They were accompanied by vUricus cnmmunications rcfpeding the difpoiitions of the In- dians towards the United State, and the proceedings regard- ing the propofe i elf ablilhmeiit at Prefq'ifle. Thefe papers are too volumiiions t-^' be inferted in the prefent appendix. If the readers of this work are defirous for their publicati.n, they will perhaps appear at fome future time. That curiofity may not be entirely dif ippointed, a few paffages of the intelligence con- cerning the Six Nations have been feleded, to ferve as a fpeci- nicn of the relL Copy of a letier from General Wilk.ins to Clement BiDDLe^ Efquire, ^carter- MaJiLf General of Pennfylvania. Fort Franklin, 25 th /^priJ, 1794. Dear Sir, I ARRIVED at this place yefterday evening. There came a party along confiiling of about f.^rty men from Cap- tain Deriny*s command, and thiity vokinteeis from the county of Allegheny- V/e proceed to-niorrow to Caffawago. The news at this place is not lavoiirable tow.irds our eltabliihment at Fr^fcj'ifle. All the perfons moft converl'ant with the Indians at this place, as well as the commanding officer of this fort, agree, ihat the Indians, irritated by the Brl'ifh, are meditating an op; ofition to the defigns of government refptding that place. Co.-nplanter, and the other Indians on the Allegheney river,- have been (nvJLed to a couiicil at Buffaloe Creek, to which place he and ihey immediately went; and on the refult of that council, feems to hang peace cr war between us and the Sir Na.ioi s. There Lave been a great ciLtd (f pains ufed lately ly the Etigti/k to four their mind j ., and they feein .ti fome iiieufure to have effected it. The chiims of the Six Nations feera to rife as the AVeUern Indians are fuccefsful againit the army ( f the United St^ites, and as the Britilh promii'e to afford them affiilancc* This council to which th; Englifh has fummoned, and the readinefs with w'hich the Indians obeyed the fummons, pro- niifes no good towards this purt of the country. i My APPENDIX. 24^ . My intention is to proceed to Caffawago, and wait for fur- ther intelligence a day or two ; and fhould a ferious oppofiiioni feem to be meditating by the Indians, to proceed no farther with the ftores until reinforced by more men, to enable the efFeding an eftablilhment at Le Beuf. The water is very low. It is with the utm^ft difficulty we will be able to go on with fmall canoes at prefent, but live in hopes that we Ihall have a rife in the water. (Signed.) JOHN WILKINS, Jun. True Copy. A. I. DALLAS, Sec. ^The follonv'ing article is tndofed in a Letter from General Gibson, to Governor Mifflin, dated Pittsburg, Jans nth, 1794.] Depofition of D, Ranfom, Allegheny County, fj'. Perfonally appeared before me John Gibfon, one of the Aflbciate Judges for the above county, Daniel Ranfom, who b^ing duly fv.^orn, depofeth and fiith, that he this depo- nent has for fome time paft, traded at Fort Franklin with the Senecas and other Indians, and that a chief of the Senecas, named Tiawancas, or the broken Twig came there, and ii^- formed him the times would foon be bad, and advifed him to move off his family and efFedls. On this he, this deponent, afk:d him how he knew the times would be bad. The Indian then informed him that the Briilflo and Indians had fent a belt of Wampum to him, inviting him to council at Buffaloe creek ; that he had declined going, and tliat the mclTengers then in- formed him of the intended plans of the Indians. They faid that the Cornplanter had been been bought ly the Bntfj, and had joined them, that he the Cornplanter intended foon to come to Fort Franklin, on pretence of holding a council re- fpe<5ting the Indian who was killed by Rnbifon, that there the Britilh and Indians were to land at Prefq' Ille, and then form a jundtion with Cornplanter on French creek, and were then to clear it, by killing all the people, and taking all the pofts on it ; that he fo much afFefled as to flied tears, and faid ivhat floall I do ? I have he^Jt at loar aga'mfl the Weftern Indian x^ in company nxilth Captain Jefferies, and killed and falped one of them. R 2 If 144 APPENDIX. If I now go hack to the Indians, after having difcovered this, they luill ii/' me. He alfo informed this deponent, that a number of cannon* had been pnrchafed by the Britiili and colleded at Junnifadagoe. the tovin where Complanter lives at, for the purp.fe of cr nveying the Indians down the river. He this deponent further faith, and the Standing Stone, a chief n{ the Onandagoes, alfo informed him at Fort Franklin, that he thought the tinies would foon be bad, and prefled him very much to leave Fort Franklin, and aiTuted him in packing up his g'^ods, &c. that fr( m what he fha/fj heard, and feen from other Indians, he has every reafon to believe the above account to be true. That feven white men came down the Allegheny a few days ago to Fort Franklin, who informed him, they faw the above mentioned canncns at Junniladagoe, and that the Indians ap- peared very furly, and had not planted any corn on the river at their towns. (Siened.) D. RANSOM. Stuorn and Sulfcrilcd at Phtjburg, 1 this 1 1 ih yarte., 1 794, before mCy J (Signed.) J. GIBSON. A True Copv Attefted. (Signed.) JOHN GIBSONf. Extras of a LetUr from Captain Desxy, to General Gibson, dated \\\h.and \6\\\ 'June, 1794. Yours enclofing a copy of Polhemus's came yefter- day. The Cornplanter's nephew arrived from the towns about the fime time. He delivered a long fpeech from his uncle to Lieutenant Polhemus. Upon fummoning up the whole, ive hare not a JJjrdo'V} of doult hut that a plan nvas for?ned to dejiroy all the pojls ar,d fettlanents in this quarter. It was all done upon the ftrengvli cr profpedt of a war between the Bri- * FerJiaps this word {holil,' be canoes- f It appcu.rs from ar.othtr dtpofition, that Mr. Ranfom had fufficient reafon for h's apprehenfions. Three men were condudting his cattle from Fort Frar.kJin to Pittlburg j tv/o of them were murdered, and the cattle •.vent back ajrai!!. tifh APPENDIX. 245 tirti and That fubfiding the other I am in hopes has alfo. There is no doubt but the EngUflj ivill urge them to join tie Wejlern Indians, and have done every thing pojfthle, and perhaps a few may ; but I rather think that unlefs we have war with them, will have none with the fix nations generally. The Cornplanter has gone to anotlier council at Buffaloe. He fet out tlie fame time the nephew ftarled for this place, and will return in about ten days. He fays he is very forry for the mifchief done lately, and is extremely concerned at the account given of their going to take up the hatchet ; fays they are bad men that reported it, that it's a lie, and infills upon knowing who the information came from. As it is evi- dent that a tlroke was meditated, but now perhaps dropt, every apology which he can pofTibly make wont be fufficient to clear him of the imputation of a traitor. Some of the nation fay the Englilli have bought O'Beal. We fhall fpend two days to come in helping Mr. Polhemus to put his garrifon in fome ftate of defence, for ftiould any jliing happen to it, we ftiould fare the worfe above. Lately Publijhedy By RICHARD FOLWELL, And fold at his Printing-office y No. 33, Arch-jlreet^ and by the principal Booifellers in Philadelphia^ (price half a dollar.) THE POLITICAL PROGRESS OF BRITAIN; or, an Impartial History of Abuses in the Govern- ~MENT of the British Empire, in Europe, Asia, and Ame- rica ; from the Revolution in 168B, to the prefent time: the whole tending to prove the ruinous confequences of the popular fyftem of taxation, war, and conqueft. THIRD EDITION. CONTENTS. Introduction — — Of Britifh wars fmce the revolution — Immenfe flaughter — Expence of wars — Nootka Sound — Oczakow Tippoo Saib Amount of national debt — Enormous extent of its intereft in the next century — Scan- dalous terms on which it was firft contradted — Sketch of the civil lift of William III. — Profligate expenditure of the court — Hints for royal oeconomy — Queen Anne — A lingle default of thirty-five millions fterling — Lotteries — Earl of Chatham^— Specimen of Britifh taxes — Lord North — His extravagant premiums for money — Scheme of paying off the public debt — Its futility — Uniibrm abfurdity of modern Britilh wars — Imprefs of feamen — Character and defign of this work. CHAR I. Purity and importance of Scots reprefentatives in parliament — - Parchment barons— Anecdotes of the Scots excife — Win- dow tax — Exlrafts from an authentic report to the lords of the treafury — Herring tilhery — Salt and coal duties— Dread- ful opprellion — Fate of Sir John Fenwick — Hiftory of the creditors of Charles the fecond — Summary of the public fervices of the prince of Wales. CHAP. II. Fertility of the Hedrldes — Iflay — Its prodigious Improvement — Immenfe abundance of fifh — Mlferable effefts of excife— ' Coal and fait duties — Specimen of Scots finecures. CHAP. III. Reports of the commiffioners of public accounts — »Crown lands . — Aftonilhing corn kw— Btitilh famint in the reign of Wil- liam III. — Striking pi(flure of Scots wrerchedneTs at that period — what Scotland might have been — War in general — Culloden— The bloody Duke. CHAP. IV. Blackftone — His idea of the Englifh conflitution — Default of an hundred and feventy-one millions fterling — Powel — Bem- bridge — Mary Talbot — Weftminfter eleftion — Anecdotes of the war with America — Englifli diflenters — Their law-fuit with the corporation of London — Society of Friends— Ufl- paralleled oppreflion of that feft in England — Boxing. CHAP. V. Civil lift — Accumulation of fifteen millions — Dog kennels—* George the firft — His liberal ideas of government — George the fecond — His hofpilality at the burial of his eldeft fon-^ Excife. CHAP. VL Edward I. — Edward III. — Henry V. — Ireland — Condudl of Britain in various quarters of the iX^orld — Otahcite — Guinea — Norrh America— The Jerfey prifon-fhip — Bengal — Gene- ral eftimate of deftrudlion in the Eaft Indies.