i.i5-n>r \ Yale University Library 39002005277380 YALE UNIVERSITY LIBRARY - Engraved by E .'/n'.imore from a drawing br J B Longicrc slior ihc orn^inal I'ortrsii by C V! Feale- S^fi£.«^J®IE (SUKnilS^^ JVIE'^TIHWIB S? (SIL^g^mc THE ST. CLA_IR ]P .APPERS. THE LIFE AND PUBLIC SERVICES ARTHUR ST. CLAIR SOLDIER OF THE REVOLUTIONARY WAR; PRESIDE^NH^ OF THE CONTINENTAL CONGRESS; AND GOVERNOR OF THE NORTH-WESTERN TERRITORY Correspondence and other Papers ARRANGED AND ANNOTATED WILLIAM HENRY SMITH V^ol. II CINCINNATI EOEEET CI^^^RKEl .t CO 1SS2 Copyrighted, 18S1, By ROBERT CLARKS & CO, CONTENTS. CORRESPONDENCE, ADDRESSES, ETC. The North-western Territory — Establi?hment op Citil Govern ment UNDER the Ordinance op 1787 1 APPENDIX. I. — The Ordinance of 1787 and its History COS II. — Ordinances for the Sale of Lands in the North-westkrn Territory 618 III, — Treaties op Fort Harmar 622 IV. -^Relations between Washington and St, Clair 631 V, — Examination op John Smith 632 VL — Testimony op Captain Slough of the First Battalion op Levies, commanded by Major Thomas Butler 633 Extract from the Testimony of Colonel Semple 636 Extract prom the Testimony op Captain Denny 636 Injustice of Government 637 (iii) THE ST. CLAIR PAPERS. CORRESPONDENCE, ADDRESSES, ETC. THE NORTH-WESTERN TERRITORY— ESTABLISHMENT OF CIVIL GOVERNMENT UNDER THE ORDINANCE OF 1787. [Introductory Note. — Early in the Revolutionary war, it be came evident, from the frequent raids made by the Indians on the frontiers of NewYork, Pennsylvania, and Virginia, that the British had engaged the Western Indians in their interest. So great was the distress on the Ohio River and its tributaries. General Wash ington dispatched Colonel Daniel Broadhead, of the Eighth Penn sylvania regiment, to command the Western District, with head quarters at Pittsburgh. The raids of the Indians destroyed the mill and houses of St. Clair in Ligonier valley, and drove the inhabitants into the fortified posts for safety ; but despite this, the number of people increased, and in 1779 some of the most hardy ventured to cross the Ohio and make improvements on the Indian lauds, " from the river Muskingum to Fort Mcintosh, and thirty miles up some of the branches of the Ohio River." As it was the policy of gov ernment to "keep on as friendly terms as possible with the Indians, Colonel Broadhead dispatched Captain Clarke, with a detachment of soldiers, to drive off the trespassers, which was accomplished, and sent a runner to the Delaware council, at Coshocking, to assure the Indians that the trespass was unwarranted, and that justice would be done. This was the status when the Commissioners for Indian Affairs^ arrived on the banks of the Ohio Eiver, December 2, 1784, to conclude a treaty with the Indians. They had expected to hold 'The commissioners were George Rogers Clarke, Richard Butler, and Ar thur Lee. VOL. n — 1 (1) 2 • The St. Clair Papers. the treaty at Cuyahoga, but on account of the advanced season and the difficulty of obtaining supplies, they requested Lieutenant-Col onel Josiah Harmar, of the First American regiment, to send mes sengers to the Indians to invite them to meet the commissioners at Fort Mcintosh. This was complied with, and on the 5th of Decem ber the Pennsylvania troops broke camp on the west bank of the Alleghany, and marched for Fort Mcintosh.^ A treaty— known in history as the treaty of Fort Mcintosh— was concluded with the Wyandot, Delaware, Chippewa, and Ottawa nations, on the 21st of January, 1785. By this, prisoners were to be surrendered, and a boundary line was established, beginning at the mouth of the Cuy- ahoo-a Eiver and extending with the course of the river to the port- ao-e between that and the Tuscarawas ; thence down that stream to the crossing place above Fort Lawrence, and thence westwardly to the portage of the Great Miami, and thence along the portage to the Miami of Lake Erie. Lands around the posts of Detroit and Mich ilimackinac, and a strip six miles wide, extending from the west and of Lake Erie parallel with the strait to Lake St. Clair, were re served for the exclusive benefit of the United States. It was also provided that white people settling on lands outside of the boundary belono-ing to the Indians should forfeit the protection of the United States, and be subject to chastisement by the Indians. The posts still remained in possession of the British. It was the purpose of Congress to sell the lands thus acquired, to create a fund to pay the war debt, and an ordinance was subse quently passed (May 20, 1785), providing for the survey of the lands and the appointment of a geographer and surveyors on the xart of the several States, to which were to be allotted the seven ranges of townships after they were duly surveyed and platted. The lands were to be sold by townships by the commissioners of the loan ofiice of the several States, after due advertisement. '¦' This proved to be a dead letter, but meanwhile Colonel Harmar was in structed to prevent the obtrusion of settlers upon the lands of the 1 MS. letter of Colonel Harmar to Eichard Henry Lee, President of Con gress, dated from "Camp near Fort Pitt, on the Indian shore, the western side of Alleghanj' Rivor, Deeemher 5, 1784." — See Harmar Papers, in pos session of family at Philadelphia. 2 Three townships on Lake Erie were reserved for tho use of refugees from Canada and Nova Scotia; lands at the Moravian villages of Gnadenhutten, Schoenbrun, and Salem were reserved for the Christian Indians, and a sec tion between the rivers Scioto and Little Miami for Virginia Continental Boldiers, agreeably to the deed of cession of Virginia. Correspondence, Addresses, Mc. 3 United States.^ The correspondence that follows will show the re markable rapidity with which the pioneer American moved in the direction of the sun, the infinite trouble the Government was put to to protect the right of proprietorship, the loss of life and property after the jealousy and suspicions of the Indians were aroused, and the hardship, heroism and ability requisite for the successful estab lishment of civil government in a new country, where all had to be newly created.] Colonel Harmar to the President op Congress. Fort McIntosh, May 1, 1785. Sir : — 1 In obedience to the instructions received from the honorable the Commissioners for Indian Affairs, upon their departure from this post, I have to inform your Excellency that I detached Ensign Armstrong, with a party of twenty men, furnished with fifteen days' provisions, on the 31st March last, to dispossess sundry persons, who had presumed to settle on the lands of the United States on the western side of the Ohio River. The inclosed copy of the instructions, together with the orders, were posted up at Wheeling, and distributed throughout the differ ent parts of the country, in order that all persons might be made fully acquainted therewith. Ensign Armstrong, having marched with his party as far down as opposite Wheeling, which is about seventy miles from hence, pur suing the course of the river, and having executed his orders (ex;- cepting a few indulgences granted on account of the weather), re turned on the 12th ultimo. I have the honor of inclosing to your Excellency his report, with sundry petitions, handed him by the settlers ; likewise the opinioil of some reputable inhabitants on the eastern side of the river, with respect to them.^ 'The Commissioners for Indian Affairs instructed Colonel Harmar, before leaving Fort ISIcIntosb, January 24th, as follows : "Surveying or settling the lands not within the limits of any particular State being forbid by the United States, in Ccjngress assembled, the com mander will employ such force as he maj' judge necessary in driving off per sons attempting to settle on the lands of the United States.'' 2 The report of Ensign Armstrong was to the effect that he marched down the Ohio, March 31st; crossed the Little Beaver on the 1st April; dispos- 4 The St. Clair Papers. On the 20th ultimo, I received tlie iuclosed representation, signed sessed one family at that place; other families at Yellow Creek, at Mingo Bottom or Old Town, at Norris's Town, at Haglin's or Mercer's Town, and at a place opposite Wheeling;' that he arrested a man named Ross, who seeraed to be obstreperous, and sent him to Wheeling in irons; that he was threatened by a man named Charles Norris, with a party of armed men, but upon showing his authority there was no further offensive demonstration; and that at Slercer's Town he liad learned that Charles Norris and John Carpenter had been elected justices of the peaoe and had acted as such. The "opinion of the respectable inhabitants" was contained in the follow. ing letter of Ensign Armstrong: Str: — As the following information through you to the honorable the Con gress may be of some service, I trust you will not be displeased therewith. It is the opinion of many sensible men (with whom I conversed on my return from Wheeling) that if the honorable the Congress do not fall on some speedy method to prevent people from settling on the lands of the United States west of the Ohio, that country will soon be inhabited by a banditti whose actions are a disgrace to human nature. You will, in a few days, receive an address from the magistracy of Ohio county, through which most of those people pass, many of whom are flying from justice. I have, sir, taken some pains to distribute copies of your instructions, with those from the honorable the Commissioners for Indian Affairs, into almost every settlement west of the Ohio, and had them posted up at, most public places on the east side ofthe river, in the neighborhood through which those people pass. Notwithstanding tbey have seen and read those instructions, they are moving to the unsettled countries by forties and fifties. From the best information I could receive, there are at the falls of the Hawk Hawkin [Hcckhocking] upwards of three hundred families; at the Muskingum a number equal. At M cravens [Moravian ?] Town there are several families and more than fifteen hundred on the rivers Miami and Scioto. From Wheeling to that place there is scarcely one bottom on the river but has one or more families living thereon. In consequence of the advertisement by John Amberson [Emerson], I am assured meetings will be held at the times therein men tioned. That at Menzon's or Haglin's Town, mentioned in my report of yesterday, the inhabitants had come to a resolution to comply with the requi sitions of the advertisement. The supposed distance from this place lo Wheeling, pursuing the river, is seventy miles. I am, sir, etc., John Armstrong, Ensign. (1) Little Beaver, in what is now Columbiana county, Ohio : Yellow Creek set tlement, near Wellsville ; Mingo Bottom, in what is now Jeffbrson county Ohio, three miles below Steubenville; Norris's Town, also below Steubenville; iiaglin's was what is now Belmont county ; and opposite Wheeling was in Pease township Belmont county. Correspo-ndence, Addresses, Mc. 5 by sixty-six of them, praying for a further indulgence of time, and informing me that they had sent on a petition to Congress on the subject.^ In answer to which, I thought it most expedient to grant them one month from the 21st ultimo to remove themselves, at the expiration of which time parties will be detached to drive off all settlers within the distance of one hundred and fifty miles from this garrison, which, in my present situation, is aU that is practicable. The number of settlers lower down the river is very considerable, and, from all accounts, dally increasing. I would, therefore (before I proceed further in this business), beg to know the pleasure of your Excellency and your particular orders upon the subject. The following is the advertisement alluded to, which shows that the set tlers were equal to self-government, and, if undisturbed, would soon have laid the foundations of a State on the Ohio: ADVERTISEMENT. March 12, 1785. Notice is hereby given to the inhabitants of the west side of the Ohio Kiver that there is to be an election for the choosing of members of the con vention for the framing a constitution for tho governing of the inhabitants, the election to be held on the 10th day of April next ensuing, viz : one elec tion to be held at the mouth of tho Miami Eiver, and one to bo held at the mouth ofthe Scioto Eiver, and one on the Muskingum River, and one at the dwelling-house of .Jonas Menzons; the members to be chosen to meet at the mouth of the Scioto on the twentieth day of the same mjnth. I do certify that all mankind, agreeable to every constitution formed in America, have an undoubted right to pass into every vacant coun trj'', and there to form their constitution, and that from the confederation of the whole United States, Congress is not empowered to forbid them, neither is Congress empowered from that confederation to make any sale of the un inhabited lands to pay the pulilic debts, which is to be by a tax levied and lifted [collected] by authority of the Legislature of each State. John Emerson. 1 The representation was to the effect that the settlers desired " to act con sistent -with our duty to our country and the commands of the Legislature," and asked for indulgence in time for removing their families and effects. There were,. however, three communications, one 5th April, one Sth, and a third, dated 15th. It is to the last Colonel Harmar specially refers. The petitioners asked delay until they could bear from their papers, which they bad forwarded to bo laid before Congress. Colonel Harmar replied, allowing the indulgence mentioned in his letter, but notifying them that his orders were peremptory. 6 The St. Clair Papers. Colonel Harmar to the Secretary of War.' Fort McIntosh, June Isi, 1785. Sir .-—It is but lately I had the pleasure of hearing of your ap pointment, otherwise, the returns should have been forwarded sooner. The Wyandot and Delaware nations have brought in their pris oners (fifteen in number) agreeably to treaty,' and the hostages left in my possession are now dismissed. These nations are friendly, and I beheve wish to cultivate a good understanding with the Americans. The Shawanese make great professions of peace, and are desirous of a treaty being held with them. The Cherokees are hostile, and have killed and scalped seven people near the mouth of the Scioto, about three hundred and seventy miles from hence. Speeches have boen continually sent by the British from De troit to the Indians since the treaty, and I have good intelligence that several traders have been among them, using all means to make them entertain a bad opinion of the Americans. One Simon Girty,'' I am informed, has been to Sandusky for that purpose. I have taken every means in my power to counteract their proceed ings, and have directed the Indians not to listen to their lies, but to tie and bring in here any of those villians who spread reports among them injurious to the United States, in order that they may be punished. The honorable the Commissioners for Indian Affairs, previous to their departure, left me instructions to drive off" all surveyors or settlers on the lands of the United States, in consequence of which a party has been detached, who drove them off" as far as seventy miles from this post. The number lower down the river is immense, and, unless Congress enters into immediate measures, it will be im possible to prevent the lands being settled. I have written, some time since, upon the subject, requesting par ticular orders how to conduct myself, as it is out of my power to sweep them further than the distance of one hundred and twenty or one hundred and fifty miles from hence. This is a matter of so 1 Major-General Knox, recently .appointed to the War Department. 2 Treaty of Fort McIntosh. 3 A renegade white man, who had taken up his residence with the sav ages, and became more inimical to the interests of his own race than even the natives themselves. Correspondence, Addresses, Ete. 1 much importance, that perhaps you may judge it necessary to re mind Congress of it.' Colonel Harmar to the Secretary or War. Fort McIntosh, July 16i/i, 1785. Sir: — On the llth inst., I was informed that three chiefs^ and twenty-five Indians of the Six Nations had arrived at Fort Pitt, and wished very much to speak with the commanding officer. Agreeably to their request, I rode up to Pittsburgh and met them in council, when, to my great surprise, the Cornplanter, the principal chief, had the original articles of the treaty which was concluded with them at Fort Stanwix ' along with him, and, toward the close of the speech, said they were burdensome, and wished to deliver them up. I have the honor to inclose you their speech, and my an swer to it.* 1 MS. Harmnr Papers. The letter was referred in Congress to a committee consisting of Mr. Grayson, Mr. McHenrj-, Mr. Pettit, and Mr. King, who brought in a report approving the conduct of Colonel Harmar, authorizing him to remove his troops, and take post at or near the Ohio, between Mus kingum and the Great Miami, "which he shall conceive most advisable for further carrying into efi'ect the before-mentioned orders;" and appropri ating six hundred dollars for the purpose of transporting the troops and their baggage. See Journals of Congress. It was under this order that Fort Harmar was erected near the mouth of the Musldngum. 2 Cornplanter, Gioshuta [or Guyasutha] and Hockushakwego (Allface). 3 The treaty of Fort Stanwix, concluded 22d October, 1784, between Oli ver Wolcott, Kichard Butler, and Arthur Lee, commissioners, and the Sa chems and Warriors of the Six Nations. * Cornplanter opened the council, and was followed by Allface and Gioshuta. Allface said, "Brothers, it was the great King, our father [Great Britain], who provoked us to all the mischief we have done, but now we take no ad vice from him, and wish to sit in council with the Americans as we formerly did." He then .-aid the reason all the prisoners had not been delivered up, as stipuhated, was because many of their young men wore absent when both the treaties of Stanwix and Fort Mcintosh were made, but they would be de livered, and thej' desired to have the boundaries clearly established. He produced the articles of the treaty, signed at Fort Stanwix. "You may sce by this that we are great men, representing the Six Nations." Gioshuta speaks: Brothers, wa thank God for having tho pleasure to sit in council this day with our brothers, the Araericans. Brothers, you may refiect on us for the past troubles we have occasioned, but you must blame the groat King; and we are sorry we did not take ad- 8 The St. Clair Papers. It is reported that a Mr. Brant has lately arrived from London, who, with the commanding officer of the British in that quarter, has informed the Six Nations that their lands were never ceded to the Americans by the King of Great Britain, in consequence of which, these chiefs complain of being accused by their nation of treachery, and say they are in danger of their own people. They have left Fort Pitt highly satisfied, to appearance, with the answer to their speech, but, so long as the British keep possession of the posts, it is very evident that all treaties held by us with the Indians will have but little weight with them. vice frora the thirteen brothers, but we hope you wont think of any thing that is past. Here is the belt that was delivered us at Fort Pitt. I now take it in my hand to let you see I am sincere. We see every thing you told us has come to pass, and what you tell us now or in future we will attend to. We, the Six Nations, ai-e as strong as ever. Brothers, the reason I wish the Thirteen Fires should hear what I sa\- now is, because I was the man who had the fire removed from Fort Pitt. Now I wish it brought back to Fort Pitt. Brothers, it was the great King who gave j-ou all our countrj'. Brothers, as I know the King gave you this country, we would all be glad how soon J-ou could divide it, that we may all know our parts. We know j'our speeches were all good, that you said you would not cheat us of our lands. We believe j'ou. (A belt of wampum.) Cornplanter speaks: Brothers, the Thirteen Fires, you may think what you please, but I lookup to God for every thing I do, and hope to do every thing for the best. It is hard with me. I was a chief man at Fort Stanwix, and my people blame me much, for the English have told our people that the great King never sold our lands to the Thirteen Fires, but, brothers, I am still strong, and will do every thing that was agreed to at the treaty. Brothers, I want one favor, which is, that you would write to our people, informing them, for certain, that the country belongs to the Thirteen Fires. I wish I could deliver up to you theso papers (the articles of the Ireaty, etc.), for they give me a great deal of trouble, on account of the lies the English have told our people. (A string of wampum.) In his speech, in reply. Colonel Harmar said: " Brothers, you may, for certain, inform the Six Nations that the King has by treaty given away all your lands to the Thirteen Great Fires, and who ever advised you to come to this place to deliver up the articles of the treaty which you soleranly made at Fort Stanwix, aro not your friends, but are endeavoring to ruin you. " Brothers, it will not be long before we shall take possession of Niao-ara Correspondence, Addresses, Mc. Captain John Doughty to the Secretary op War. Fort McIntosh, 21st October, 1785. I have the honor to inclose you a copy of the proceedings of a conference held at this place between myself and some Delaware and Wyandot Indians, who came to me in consequence of the affair at Tuscarawas, which I mentioned to you in my letter of the Sth of October. I beg leave to submit to you the inclosed information of John Leith and Alexander McCormick. The latter is a trader who lives at the Tawa towns. He is warmly recommended to me by Colonel Harmar, as a friend to the country. He tells me it is impossible to get his eff'ects from that country this fall, which obliges him to winter in the neighborhood of Detroit. From the circum stance of being within the power of the British he requests that his name may not be known. He appears to be an intelligent man, and well acquainted with Indian aff'airs. Notwithstanding the submission of the Delaware and Wyandot Indians, made to me at the conference, and their professions of peace, I am induced to believe that their dispositions are hostile, be cause, in the murder of Chambers, at Tuscarawas, there were twenty or thirty Delaware Indians, with oue of their chiefs, present, and it does not appear that they took any steps to prevent the outrage of the seven Wyandots, except to save the life and property of their friend Leith, who was an adopted brother ; besides, Mr. McCormick informs me that he is well assured that the murder committed at the mouth of the Hockhocking, this summer, of five or six people, was done by the Wyandots and Delawares ; indeed, every account that I have had confirms me in the opinion that we shall have trouble in this country ere long, unless something is done at the present treaty to avert the storm, and I must confess my expecta tions are not very flattering from this quarter, because I am well informed that some nations will not go to it, and those that do go have no idea of ceding their lands to us upon the terms of the Last treaty.' The Indian representation at this place last winter was so very partial, from the few tribes that appeared, and the objects of the treaty of so general concern, that the terms of it are far fi-om being considered as binding upon the tribes to the westward. This and Detroit, which the English ceded to us, as well as the lands. This must, then, convince you that j'ou have not been told the truth." 'The only nation that participated in the treaty at the Great Miami was the Shawanese, and that nation afterward repudiated the terms. 10 The St. Clair Papers. treaty, and the one at Fort Stanwix, with the steps the honorable the Continental Congress have thought fit to take in sending out the surveyors, have had the eff'ect to unite the Indians, and iudace them to make a common cause of what they suppose "their present grievances. They are told by the British, and they are full in the persuasion, that the territory in question was never ceded to us by Britain, further than respects the jurisdiction or putting the In dians under the protection of the United States. From this reason ing they draw a conclusion that our claim in consequence of that cession ought not to deprive them of their lands without purchase. I believe you may depend upon it that this is the reasoning of their chiefs. I am so informed by several persons who have been among them. Our acting upon the late treaty made at this place last win ter, in beginning to survey their country, is certainly one great cause of their present uneasiness. If a confederacy of the Indian tribes to the westward should take place, of which there is a prospect, they will become very formidable from their numbers. Should an event of this kind appear proba ble, from what information Congress may have before them, it ap pears to me evidently for our interest that some steps should be taken to engage some of their nations in our favor ; in this case I beg leave to offer it as my opinion that one great step to be pursued should be a distribution of a few presents among them, and a con stant intercourse with them by emissaries well acquainted with their language and manners, who shall always be in their towns, counter acting the unfavorable impressions that are daily forming against us. This policy was pursued by the French, and is now by the British, whose agents are constantly in their towns, conciliating their friendships and trade to the almost total exclusion of our people.' 1 MS'. From files of the War Department. This letter of Captain Doughty's shows a clearer insight into the plans of the Indians and the schemes of the British, than other correspondence contemporary with it. For account by Leith, see Appendix, U32. The information communicated by Mr. McCorraick was as follows: Mr. McCormick left Omi, or Miami River, whicii empties itself into Lake Erie near Po!ut-iiu-Cedar, in the Tawa country, on the 5th instant. Ha says that the chief of that nation told him that they would not go to the treaty at the Big Miami, nor to any other treaty, until we met them at Detroit ¦ that a grand council was held some little time ago at Coshocking, on the head waters of the Big Miami, at whicli were present the chiefs of many nations; that he was informed that the object of this council was to unite themselves againstthe white people; tha.t two large belts of wampum were Correspondence, Addresses, Etc. 11 Colonel Harmar to the Secretary of War. Philadelphia, October 22, 1785. Sir: — I have the honor to inform you of my arrival at this place on the 7 th inst. , Previous to my leaving Fort Mcintosh, the following arrange ments were made to the westward, viz : A full company of infantry was raised with much difficulty from the remains of the old Penn sylvania quota, and embarked under command of Captain Finney, with General Butler, on the 29th ult. , to attend the treaty, which was to be held at the mouth of the Great Miami.' sent from the council to the different nations, holding out that they should unite and be at peace with each other, that the roads should be open frora one nation to the other; and that nations were present at the council from a considerable distance to the west of the Mississippi. He has been told, and, from the best observation hc could make, is of the opinion, that a general war has been in contemplation among the Indians against the Americans. Mr. McCormick heard, at the Tawa towns, that Mr. Boggs and the other messengers did not proceed further than the Miami towns, and that they lost their horses. He was present when Mr. Matthew Elliot, au Indian agent for the British, told at the Shawanese towns, in the presence of forty Indians, tliat the Indians had better fight like men than give up their lands and starve like dogs. That Girty and Caldwell were lately at the Delaware and Wj-andot towns persuading the Indians not to go to the treaty at the Big Miami ; that a Tawa chief told hira that his father (meaning the Brit ish) had advised him not to go. Mr. McCormick is of opinion that the Indians in general have hostile in tentions against us. He is positive in his opinion, from his frequent inter course with tho Indians, that it will be very dangerous for the survej'ors to go on with their business until the present uneasiness subsides. On his road to this place he was met by two Indians, forty iniles from hence, on the Tuscarawas path; one of them immediately treed, upon which he treed also. He supposes they would soon have had a shot at each other had not the other Indian come up, who knew him. They had six horses with them, which he supposes they had stolen somewhere near the mouth of Little Beaver cr Yellow Creek. He met three families going to Detroit from the Mingo Bot tom ; thej' were going to settle under the British government. 'On the 29th June, 1785, Congress directed a treaty to be negotiated with the Shawanese and other western Indians. On the 31st January, 1786, the commissioners, George Eogers Clark, Eichard Butler, and Samuel H. Par sons, concluded a treaty with the Shawanese at the mouth of the Great Miami. It extended the tract which had been agreed to by the Wyandot and Delaware nations from the point on the main branch of the Great Miarai intersected by the south line of tho said boundary; then down the river Miami to the fork of that river, next below the old fort which was taken by the French in 1752; thence due west to the river de la Panse; thence down 12 The St. Clair Papers. After the treaty is concluded, I have given Captain Finney writ ten orders to secure himself from insult at the Miami by fortifying his winter quarters, or if the commissioners should be of opinion that it would be most eligible to assume any other position, as I conceive them best acquainted with that part of the country, his orders are to obey their directions on that head. On the 7th ult. , Captain Doughty's company of artillery arrived at Fort Mcintosh. I have given him written orders to take post at or near the mouth of Muskingum, about one hundred and forty miles below Mcintosh, and to stockade or pallisade himself, for his own security, as he should judge most proper. Captain Heart's cempany of infantry I met on the 7th inst., upon the Laurel Hill, about four days' march from Fort Pitt. I have given him orders to expedite his march, as he would be on time to go down the river with Captain Doughty, and to put himself under his command. This position at Muskingum will answer the valuable object of removing the intruders from the public lands, should any hereafter presume to encroach upon them, which I do not believe will be the case, as shortly before I left Mcintosh they sent up to me a most humble representation in behalf of the whole, purporting that they were convinced that they had behaved disorderly, and praying, as the last indulgence, that they might only be permitted to stay a short time and gather their crops, after which they would instantly depart. Lenity I thought to be out of the question, and have di rected Caj^tain Doughty, on his way down, to burn and destroy any remaining cabins between Mcintosh and Muskingum. It will also cover the continental surveyors, in some measure, in their laying off" the seven ranges of townships, and convince the Indians that Congress means to protect the legal settlers on the lands ceded to them by the treaty. For these reasons, I judged it a preferable po sition to the mouth of the Scioto, which I thought to be rather too low down the river. Having thus arranged matters to the westward, I have, agreeably that river to the Wabash; "beyond which lines none of the citizens of the United States shall settle, nor disturb the Shawanese in their settlement and possession. And the Shawanese do relinquish to the United States all title, or pretense of title, they ever had to the lands cast, west, and south of the east, west and south lines before described." Peace was granted to the Shaw anese, and the protection of the United States taken from intruders cn In dian lands. In return, the Shawanese undertook to advise the Americans of any hostile intentions against them on the part of other nations under penalty of being regarded as a party to the war. Correspondence, Addresses, Etc. 13 to your permission, repaired to this place in order to expedite the recruiting service. Colonel Harmar to the Secretary of War. Fort Pitt, July M, 1786. Sir : — ^Previous to the receipt of your letter of ^;he 7th ult. , I had received the following intelligence, viz : One John Bull (called by the Indians Sheebo) informs me that he left Detroit on the 29th of April, in company with one hundred Moravian Indians, men, women, and children, who are at present about four miles from Cuyahoga. That they have crossed the lake with the intention to settle near their old towns on the Muskingum, where a party of these Indians were formerly massacred ; but as they are too late in the season for planting, their design is to remain and hunt near Cuyahoga until fall. He further informs me that, on the 7th ult.. Commodore Grant, with Captain McKee, Simon Girtj, aud Matthew Elliot, with forty Indians, among whom were the Half King, Baubee, Koon, and Gusheways, a chief of the Ot- toways and Chippeways, sailed from the mouth of Sandusky River for Canada. They gave out that they were going to Quebec with a design to purchase the lands on the north side of the lake from the Indians, but it was generally supposed they were going no further than Niagara, to a treaty to which Sir John Johnson (who was there) had invited them aud the Six Nations. Such is the intelligence given by Mr. Bull. These Moravian In dians (among whom Bull resides) by what I can learn, have ever been friendly to the United States. The circumstance, therefore, of their returning to settle on their old habitations I think favorable. I shall endeavor to be made acquainted, if possible, with tte prin cipal circumstances relative to the treaty holding at Niagara, and to know the designs, etc., of Sir John Johnson in calling it.' ^Coloner Harmar had started west in June, and was on his way to Fort Harmar when the above letter was written. Before leaving Philadelphia a, sum of money had been placed in his hands to be used in preserving peace with the Indians, and he had received very minute instructions from the Secretary of War. An Indian war .seemed to be imminent. The hostages delivered by the Nations, parties to the treaty at Fort McIntosh, to the Americans, escaped on hearing of hostile movements. The highest prudence was requisite in the management of the troops in tho Territory. Distinction should be made between lawless banditti, such as the Cherokees and others settled on the Scioto, and the conduct of more regular tribes. "An Indian war," said the Secretary, "disagreeable at all times, would bo peculiarly 14 The St. Clair Papers. Colonel Harmar to the Secretary of War. Fort Pitt, July 12, 1786. S'lr : — Since I had the honor of addressing you on the 3d instant, I have to inform you that Captain Mercer, with his detachment, ar rived here on the 5th, and marched for McIntosh on the 8tli. Notwithstandin* the intruders having been so frequently removed from the public lands. Captain Doughty informs me there are sev eral who have crossed the river again, and some have ventured to penetrate the country as far as twenty miles from the Ohio. I am preparing to detach Captain Hamtramck with a command, to con sist of his own company, Captain Mercer's, and Captain McCurdy's, with orders to take a position for five or six weeks at the Mingo Bottom, or its vicinity, and to make diligent search for them, and destroy their dwellings. This command (about one hundred and sixty men) will march from Mcintosh for this purpose in the course of a few days. Captain Hutchins,' with his surveyors, leaves this place in a day or two for the purpose of commencing his business. He has sent a message to the chiefs of the Delawares and Wyandots, informing them the nature of his business, and requesting their attendance for his protection, agreeably to their promise at the treaty at the Miami. It is generally supposed they will not attend. Near a month will elapse before he will receive an answer. He is under very just ajjprehensions for his safety, and has applied to me for an escort. I have thought it advisable that he should make an distressing in the present embarrassed state ofthe public flnances: therefore, it must be avoided if possible consistently with the interest and dignity of the United States." "The eraissaries, who are stimulated by the British of ficers or their agent?, will be industrious to urge the Indians to open hostili ties; it will be your duty to counteract them, and I shall flatter myself that you will be effectually able to accomplish it." •Thomas Hutchins, Geographer-General, who had been appointed by Con gress to make the surveys in tlie West. He was horn at Monmouth, N. J., in 1730. He was Assistant Engineer in Boquct's expedition. He was in London at the opening of the Eevolution, and, being suspected of corre spondence with Franklin, was arrested and imprisoned, which involved a loss of £12,000. He was, after a conflnement of several weeks, liberated and made his escape to tlie United States by thc way of France. He pub lished various topographical maps, and supplied the maps and plates for the "Account of Boquet's Expedition Against the Ohio Indians," which was written by William Smith, D.D., of Philadelphia, and published in 1766, He was a contributor to the Philadelphia Transcript. He died at Pitt^burn-h April 28, 1780.— .4m. £io^. i)ia. ^ Correspondence, Addresses, Etc. 15 essay without an Bjmed force, but in case of danger, I shall give him all the protection in my power. These three companies, uuder Captain Hamtramck, will be near his second or third range of townships, and if the business can be prosecuted without covering him with the troops, I am of opinion it will be for the better. My reason for declining giving him an escort for the present is that it might probably provoke the Indians to open hostilities, and bring on a war, which, I conceive, the United States wish to avoid. If the answer to Captain Hutchins's message should prove unfavorable, and you should approve of my covering him with all the force I can muster, in order that he may persevere in it, this will be bringing matters to a point. Here will be the criterion to judge of the temper of the Indians by, and whether the treaties that have been held have been of utility to the United States or not. As this would be a serious movement, I beg your orders upon this head be fore I undertake it. The murders that have been committed lately upon the in habitants passing up and down the Ohio, indicate great dissatisfaction prevailing amongst the Indians. Two men were lately murdered (one of them a hunter for Captain Doughty) on Fishing Creek. Major Wyllys, having just returned from the Miami, brings sundry speeches, etc., which I do myself the honor to inclose. A copy ofa letter from General Clarke, in that quarter, will show that Captain Finney's apprehensions of an attack upon his post by the savages were not groundless. Indeed, from every intelligence which I have been able to collect, matters do not wear that favorable aspect which has been represented. Mr. Turnbull has in his possession an extract of a letter from Post St. Vincent, to which I beg you to be referred for the news there, I shall proceed thither in the course of a few days, and make it my principal quarters.' 1 MS. Harmar Papers. — The day following the date of the above letter. Colonel Harmar having received, by the hand of Major North, instructions frora the Secretary of War, under date of June 27th, replied at length. He said that, in obedience to instructions, he should detach two companies to the rapids of the Ohio to protect the inhabitants .from the incursions of the In dians. "I shall give the officer commanding particular orders not to form anj- oflfensive operations into the Indian country without my permission. Establishing posts high up the Miami and Muskingum, I ara persuaded you will agree ought to be deferred for the present, as I ara making my arrange ments to be ready to cover the survej'ors as much as shall be in mj' power. The surveying and disposal of the Western Territory, I take for granted, to be the first grandobject of Congress." He, therefore, proposed the following disposition of his force: "To detach Finney's and Ziegler's companies from 16 The St. Clair Papers. Colonel Harmar to the Secretary of War. Fort Harmar (at the Mouth op the Muskingum), August 10, 1786. Sir : — Since I had the honor of addressing you on the 4th instant," the Miami to the rapids, and close the post at the Scioto, as there were no intruders below the Muskingum; they were all between tho latter and the Pennsylvania line. Captain Hamtramck, with these companies, would take post at Morris [Norris] Town, below the Mingo Bottom; Captain Ferguson would be at Mcintosh, and three companies would remain at Fort Harmar. He would have three hundred troops left for active field operations." 'The only items of interest in the letter of the 4th of August were that, as Captain Hutchins had requested a hody of troops to cover the survej'ors. Captain Hamtramck had been directed to move from MingoBottom to Little Beaver for that purpose; that hewas endeavoring to conciliate tho minds of the Indians, and had had several Delawares and Chippewas at Fort Har mar, Fort McIntosh, and Fort Pitt to "brighten the chain." The Indians had returned well satisfied with their treatment, and he had sent a speech to the Delaware Nation by an Indian named Turis. Agreeably to the order of Congress, he had detached two companies to the falls of the Ohio. He had information that several lawless villains in the neighborhood of Wheel ing had threatened to waylay the friendly Indians on their return. If that were done, he would arrest the rascals and give them a taste of Federal law. "These men on the frontier have been accustomed to seat themselves on the best of lands, making a tomahawk right or improvement, as they term it, supposing that to be a sufficient title. I believe them in general to be averse to Federal measures, and that they could wish to throw every ob stacle in the way to impede the surveying of the Western Territory, agree ably to the ordinance of Congress.'' "Mr. Liehert, a cadet in the corps of artillery, was dispatched by Captain Doughty some time ago into the Indian country fqr intelligence. He has returned. I have the honor to inclose you a copy of his report." "As Major Fish intends to resign, I beg leave to observe that the aid of a field-officer is absolutely necessary." Following is the report of affairs in the Indian country: Eepokt of Mk. Philip Likbert. Fort Harmak, .Tuly 20, 1786. On the 18th of March last I left this place, with orders from Major Doughty to pass through the Delaware and Shawanee towns on the waters of the Miami, and the Delaware and Wyandot towns at Sandusky; to ob serve the disposition, and to find out, as far as possihle, the intentions of the savages, whether hostile or not; and to assure thera of the friendly disposi tion of the Americans. I pursued the course of the Ohio in a canoe until the 21st of March, when I reached the Big Miami. I rested at Fort Finney until the 23d, when I proceeded up the Miami, which I found very rapid- and on the 27th of April I fell in with a Delaware town, the residence of Pokongekalas, a chief of great repute. I left this town on the 10th of May Correspondence, Addresses, Etc. 17 Ensign Denny has arrived from the Miami, and brings intelligence that an expedition is forming under the command of General Clarke, and authorized by the State of Virginia, to attack the Indians. Be pleased to receive the inclosed copy of a letter from General Clarke to the commanding officer at the Miami, wherein you will observe his wish to be joined by the regular troops upon this expedi tion. As I have received no order from you upon this head, I have given express orders to Captain Finney not to form any off'ensive operations into the Indian country without my directions. The in habitants in the neighborhood of the Falls will be very anxious to push forward the regular troops on this occasion, but it shall be pre vented until I receive your orders whether to join them or not. on my way to Sanduskj', having been, frora the 27th of April, at two Shawanese and four Delaware towns, and some scattering settlements of Wyandots. On the 12th of May, I arrived at the Delaware and Wyandot towns at Sandusky, where I staid three days; left it on the 15th, and ar rived at Mcintosh on the 28th of May. I left my canoe at the forks of the Miami, and proceeded tlirough the remainder of mj- journey on horseback. At every town I executed my orders in assuring the Indians that the thir teen great fires were deterrained to hold fast the chain of friendship, and told all the chiefs that the commanding officer at Fort Harraar had sent rae to see them, to smoke with them, and to invite them to come and see hira. Many have promised to come. In Pokongekalas's town I met the Big Cat, a very great warrior, and George Washington ; they in particular were very glad to see me. They promised to protect me whilst I staid amongst them, for the whole town was drunk. When at Pokongekalas's town, I saw sixteen of the Six Nations ; they carae from Niagara. They said they were going to hold council in the Shawanese town. I afterwards inquired of one Eollins, a silversmith, living in one of those towns, to find out the business of these Indians. He told me thej' had a letter for Captain Elliot, an Indian agent who lives with the Shawanese; that at the council, the sixteen Indians told the Shawanese that thev were come to invite them to join hands and be strong to prevent the long knife from taking their lands. They were painted black, and told the Shawanese they would set the example, and were going to war. After the council, they were joined by some of the Cherokees and a few of the Shaw anese. It was sorae of this party who murdered Captain Sherer and three others at Tuscarawas a few weeks ago. This information was confirmed to me by three Frenchmen besides Eollins. When I was at the Shawanee town where Elliot resides, I found that he had frequent councils with thera, and that the Shawanese in general were not well disposed to the Americans. The Delawares and Wyandots, through whose towns I passed, appeared kind and friendly and desirous of peace. The chiefs, in every instance, shook hands with me and were glad to see me. The Delawares a'nd Wyandots are averse to admit the Cherokees and their party amonsr them; but in the Shawanese towns they are received and often joined by some of that nation.— M.9. Files of War Department. 2 18 The St. Clair Papers. Colonel Harmar to the Secretary of War. Fort Harmar, October IQth, 1786. Sir: — I last had the honor of addressing you by Lieutenant Beatty, which was on the 17th ultimo.' In consequence of the intelligence respecting the hostile inten tions of the Indians assembled at the Shawanese towns, which was corroborated by sundry depositions through other channels. Cap tain Hutchins, after having progressed forty-three miles on the east and west line, and then superintending the eighth range, declined prosecuting the surveying business, and, on the 23d ultimo, withhis surveyors, thought it most prudent to retire to the Ohio. I have been informed that it is the determination of the geog rapher to proceed again with the business, and the surveyors were to go out for that purpose on the 2d instant. If it should not be continued there shall be no censure fall upon the troops, as I have given pointed orders to Captain Hamtramck, with his detachment, to affbrd them every protection in his i^ower. I am well convinced that Captain Hutchins is very zealous to carry into eff'ect the ordi nance of Congress, and the surveyors also ; but the intelligence re ceived from the Indian country is of so serious a nature as to excite in them very just apprehensions of danger. Colonel Harmar to the Secretary op War. Extract of a letter from Colonel Harmar to the Secretary of War, dated : Fort Harmar, November Wth, 1786. Sir : — In consequence of a letter from his Excellency, the Gov ernor of Virginia, I took it for granted (although I had not received instructions from the war office upon the subject), that it was the design of Congress that the two companies of regular troops at the Enpidsshouldco-operate with the militia in any operations which might be formed for the protection of the inhabitants from the depredations of the Indians. I have, therefore, directed Captain Finney to make his arrangements accordingly. A copy of his Ex cellency's letter to me, and a copy of my instructions to Captain ^ MS. Files of War Department. The letter of the 17th contains nothin"- of special importance. Oolunel Harmar expresses the opinion that the council of Indians before referred to, was in order to be prepared for Gen eral Clarke in his intended expedition. Correspondence, Addresses, Etc. 19 Finney, I do myself the honor to inclose to you, and hope my conduct in this affair may meet your approbation. An expedition under Colonel Logan, with nine hundred militia, went forward on the 1st ultimo. He returned to Limestone, from •whence he set out in a fortnight, having met with very little opposi tion, as all the warriors had gone to meet General Clarke. Seven ofthe Shawanese towns were burned, a few scalps taken, and thirty women and children prisoners. Melanthy, the Shawanese king, would not fly, but displayed the thirteen stripes, and held out the articles of the Miami treaty, but all in vain ; he was shot down by one of the party, although he was their prisoner. I am sorry that this disgraceful aflJ'air should have happened, as Melanthy had al ways been represented as a friend to the United States. General Clarke, with about twelve hundred men, marched from the Rapids of the Ohio for the Wabash, on the 17th of September last. I very much fear that the expedition will prove unsuccessful. The latest intelligence I have received from that quarter is, that it was reported four hundred of his men had left him in a body at or near Post Vincent, where he was, and had returned to their homes.. The surveying business under cover of the troops still goes on. Captain Hutchins writes me that if the weather proves favorable he expects that the seven ranges of townships will be completed this winter. The troops escorting him are barefoot and miserably off' for clothing, particularly woolen overalls. They have a very severe fatiguing tour of duty. I pray you to order the new clothing for warded here as soon as possible.' Colonel Harmar to the Secretary of War. Fort Harmar, May 14th, 1787. Sir: — I had the honor of addressing you last on the 10th ult., wherein you were informed of Captain Heart, with his company, having marched from hence to take post at Venango. He writes me from Pittsburgh, that every preparation was made, and he should ascend the Alleghany on the 27th ult. He also in forms me in his letter of the 27th of last month, that "a council of all lhe Indian tribes was then holding at Buffalo Creek, near Fort Erie, the subject to be determined, report said, was whether they would give up their lands or not." 1 MS. Files of War Department. Such parts of the letter only are given here as have an historical interest. 20 • The St. Clair Papers. On the 15th ult., I left the Muskingum in the barge, accompanied by Lieutenant Beatty and Lieutenant Pratt, and arrived at the Rapidsofthe Ohio in ninety-two hours. I spent a week with Major Wyllys at the garrison. On my return I traveled by land from Louisville to Limestone, by the way of Danville and Lexington, (Limestone is one hundred and eighty miles distant fi-om the Falls by that route), and returned to Muskingum on the night of the 10th instant. During my short stay at the Falls, I endeavored to make myself acquainted with the politics of the country, and to gain as perfect a knowledge as I possibly could of what was going forward amongst the inhabitants of Kentucky. The free navigation of the Mississ ippi is the general subject of discourse amongst them. The inhab itants to the westward of the Alleghany Mountains are unanimously opposed to its being closed. If such a measure should take place, they will look upon it as the greatest of grievances, as the pros perity of the Western world depends entirely upon this outlet. Kentucky, at present, by the returns of their County Lieutenants, muster five thousand fighting men. You will please to judge what a flourishing country this must be in the course of a few years, from the number of emigrators to it. Curiosity prompted me to order the officer of the day to take an account of the number of boats, etc., which passed the garrison. From the 10th of October, 1786, nntil the 12th of May, 1787, one hundred and seventy-seven boats, two thousand six hundred and eighty-nine souls, one thousand three hundred and thirty-three horses, seven hundred and sixty-six cat tle, and one hundred and two wagons, have passed Muskingum, bound for Limestone and the Eapids. If Congress should be of opinion that it will be expedient to shut the navigation, I think a respectable post at the mouth of the Ohio or the Wabash will be necessary, otherwise from all appearances the people will become so strong in the course of a little time as to force a trade at all events. Very irregular proceedings have been carried on in that country. The Wabash Indians have been invited to a treaty, to be held at Post Vincent on the 1st of this month. It was thought a number of them would assemble, but after reconsidering the matter, it was judged best to hold no treaty with them. General Clarke, with a party, was to proceed to the Post, in order to amuse the Indians, so that they might peaceably disperse and commit no hostilities. A Captain Dalton, with about one hundred men, raised for three years had taken a position at Post Vincent, but his men have ail dis banded for want of provisions. By what I could learn, the French Correspondence, Addresses, Etc. 21 inhabitants have suffered greatly, his party having impressed their cattle and distressed them very much. I know of no legal authority either for these people to invite the Indians to a treaty or for Captain Dalton, with his men, to station himself at Post Vincent. It is a village of considerable conse quence, and a party of regular troops being posted there would countenance and encourage the inhabitants, who, by all accounts, are well affected to the interest of the United States. From the Eapids to Post Vincent, by land, is about ninety miles distant, and from thence to Kaskaskia by land about the same distance. From the best information I could obtain, I humbly beg leave to observe, that Post Vincent and the Illinois country are well worthy of the immediate notice and attention of Congress. . Amongst other irregularities committed, the following is another instance : A boat came from New Orleans to the Post to trade. Her cargo was valued at upwards of two thousand pounds. She was seized, and the owners robbed of their property. The seizure was made as Spanish projierty, and designed as a retaliation. Several parties of the Wabash Indians are now in the Kentucky country plundering the inhabitants of their horses, and occasionally murdering them. Last month, a son of General Scott's was killed and scalped on the Kentucky Eiver. The people are in great dread of the savages. Permit me to observe that a respectable garrison of regular troops established in the heart of the Indian country, somewhere either high up the Wabash or the Great Miami, would keep the Indians in awe, and, in a great measure, secure the frontier inhabitants.. If it was consistent, I could wish much to have four companies of riflemen annexed to the regiment. There is no better place to raise them than in •Kentucky. I believe there would be very little difficulty in recruiting in a short time that number of expert woods men well acquainted with the customs of Indians, and who want nothing but regular officers to command them to make them good soldiers. I am convinced that such a corps would be highly useful. When I was at Limestone, a party of the Shawanese had brought in six or seven prisoners. They were encamped on the opposite shore, waiting to exchange them for an equal number of theirs, taken in Colonel Logan's expedition. I went over the river and made a' speech to their chief, called the Wolf I observed that frequent murders were committed in the Kentucky country by the Indians, and that they would provoke the Thirteen Great Fires at last to such a degree that they would send their young warriors and destroy all 22 The St. Clair Papers. their nations. His answer was in the usual style, that none of the Shawanese committed these murders, but that they were done by a banditti countenanced by none of the regular tribes. I shall expect official intelligence from the War Office respecting the surveying department for this year. Mr. Ludlow is at present running south on the seventh range, which, it is imagined, will either take in this post or strike the river very near it. By the last accounts, the Indians had stolen his horses. As these horses are all insured, they will be a dear bargain for the public. Twelve cabins, erected by the intruders, have been lately destroyed by order of Major Hamtramck, in Mingo Bottom and its vicinity. Mingo Bottom is a fertile spot, and very much attracts the attention of these fellows, who wish to live under no government. Colonel Harmar to the Secretary of War. Fort Harmar, June 7, 1787. Sir: — I had the honor of addressing you last per Lieutenant Beatty, since which I have received your letter of the 26th of April.' Immediately upon the receipt of your letter, I began to make the necessary preparations to execute the orders of Congress, and have, accordingly, evacuated Fort Steuben, and have transmitted orders to Captain Ferguson to withdraw the command from Fort Pitt, leaving only Lieutenant Ashton and his waiter there. To also leave an officer and sixteen men at McIntosh, and, with the remainder of his company, to follow me tothe IJapids of the Ohio. Captain Fer guson has not yet arrived at this post, but I have detached Captain Strong, with his company, on the 26th ult., and Captain Mercer and Captain Smith, with their companies, some days since, with a howitzer and the necessary ammunition from hence for the Bapids. The surveyors have made application to me for escorts to complete the fifth, sixth, and seventh ranges. I have detached an officer and 1 This contained instructions for the summer. These were to the effect first that it was important to enable the surveyors to push their work to an early completion, in order that the lands might be brought into raarket, as the finances of theColonies were in a very low condition, and guards should be furnished to them liberally; second, that, as the French inhabitants at Post Vincennes and Kaskaskia were complaining of the depredations of the law less troops of George Eogers Clarke, and of the Indian.?, by both of which they had been plundered and left in poverty, he was directed to move the greater part of his force to the Wabash country to protect the inhabitants from the lawless banditti. Correspondence, Addresses, Etc. 23 sixteen men to Wheeling for that purpose, which is the greatest number I could possibly spare them. They are very extravagant in their demands. The whole regiment would scarcely suffice them. The following is the arrangement which I have made of the troops, and hope it will meet your approbation : At the Eapids of the Ohio, Captain Finney, Captain Zeigler, Captain Strong, Captain Mercer, and Captain Smith, with their companies, and Captain Ferguson, with forty artillerymen and a brass three-pounder, making, in the whole, three hundred and twenty-nine men. I shall leave this post to-day or to-morrow, with Major tiamtramck, and shall take the immediate direction and command of this force upon my arrival at the Eapids. I propose to leave written instructions for Major Doughty, upon his arrival, to take command in this cpiarter. At Venango, Captain Heart is sta tioned ; at Fort Mcintosh, Lieutenant Ford; at Wheeling, for the protection of the surveyors, Ensign Spear, with sixty men ; at Fort Harmar, Major Doughty, with part of Captain McCurdy's com pany, and part of Captain Bradford's, which is the remaining part of the regiment. The ostensible object for assembling thetroopsattheEapids,! shall hold out to be a probability of the Indians attacking the settlements there. Indeed, as the Western Indians have never been treated with, and are averse to, the idea of their lands being forfeited from their adherence to the king of Great Britain, I conceive it will re quire, in marching into their country, a considerable degree of ad dress to conciliate and reconcile them to the movement. Colonel Harmar to the Secretary of War. Camp at the Eapids of the Ohio, June 15th, 1787. Sir : — I had the honor of addressing you last on the 7th instant. We arrived on the 1 1th. Considering the immense expense which the public would sustain by hiring pack-horses, and, indeed, the uncertainty of procuring them, and the delay attending these circumstances have induced me to determine upon going to Post St. Vincent by water. I am making arrangements respecting provisions, and propose taking my cattle in Kentucky boats to the mouth of the Wabash, and shall then order them drove along the margin of the river. Ascending the Wabash and driving the cattle will be attended with S'.nie diffi culty. This arrangement will be infinitely less expensive than 24 The St. Clair Papers. marching by land from hence directly to the Post. Upon a calcula tion, it would require seventy pack-horses, which could not be hired under half a dollar each per day. I expect Captain Ferguson will arrive about the 20th of the month, and I am in hopes to leave this immediately upon his arrival. When we reach the Post, I shall instantly proceed to carry the orders of Congress into^efFect. The commissioner'^ goods are here. As it is more than probable that I shall have frequent conferences with the Indians, I propose taking them along with me, and beg, as the Superentendent of In dian Affairs will be absent, that you will be pleased to authorize me to distribute some of them, in case of necessity. Judge Symmes, formerly a member of Congress, is here, and has it in contemplation to establish a settlement on the Wabash. I think it my duty to transmit you the inclosed proposals of his, in order that you may be 'acquainted with his intentions.' You may be assured. Sir, that the advancement of Federal meas ures shall be my constant object, and I hope for the countenance and support of Congress upon the occasion. Colonel Harmar to the Secretary of War. Camp on the Kentucky Shore, Just below the Eapids, July 7th, 1787. Sir: — • . . . As the people are so intimidated by a boat bound for Pittsburgh being fired upon by a party of Indians, near the Great Miami, that they will not, for some time, venture up the river, I had given some of my letters in charge to the owner of this boat, but they were returned to me at the Eapids. Since my last, I have obtained more full information of the coun try, and have thought it most advisable, as it will save a vast ex pense to the public, to make my operations chiefly by water. I have hud all my keel-boats repaired, and put in tolerable order, and have run the public to no further expense than about ten dollars, for my Kentucky boats. Last night I detached Captain Zeigler, with sixty-six men in eight Kentucky boats, two large keel-boats, one small keel-boat, and two canoes, laden with flour, cattle, whisky, etc., being three months' provisions for three hundred men, with orders to halt at iThe proposals of .ludge Symmes, which finally reached Congress later in the season, will be found stated elsewhere. The location was made on the Miami. Correspondence, Addresses, Etc. 25 what is called the landing and carrying place, a few miles on this side of Green Eiver, called in Hutchins's map ' ' BuflTalo Eiver." To morrow morning, early, I shall move .with the troops and the re mainder ofthe fleet, and shall overtake Captain Zeigler. I propose to march by land from this carrying place to Post Vincennes ; the distance, I am well informed, is no more than fifty miles. The cat tle and eighteen horses will be drove along. The flour, baggage, etc., will be under a strong guard, ascend the Wabash Eiver, which, at this season of the year, will be attended with considerable diffi culty. I have sent intelligence to Colonel Le Gras and Major Bosseron, the principal inhabitants at the Post, to inform them of this move ment. Be pleased to receive the inclosed copy of my letter to these gentlemen.' Captain Ferguson did not arrive until the evening of the 3d in stant, in the old contractor's boats, laden with provisions. I placed no dependence on supplies from them, neither did I know of any further engagement of theirs to supply the troops, but immediately upon my arrival at theEapids,in order to expedite the movement, gave orders to Mr. Bradshaw, the issuing commissary here, to ex ert himself and furnish the necessary provisions. Having consid erable credit in the Kentucky country, he succeeded accordingly, and has drawn bill on the contractors for the flour he furnished. I have undertaken to enlist for one year four men, with the prom ise of the same pay and rations, etc. , as a regular soldier receives. These men will be extremely useful. The one is a Canadian inter preter, who understands the diff"erent dialects of the Wabash Indians. To this man I have promised something extra. The other three are good woodmen, and will serve as expresses to carry dispatches to and from the posts to the Rapids. Two of them are also well ac quainted with the navigation of the Wabash Eiver. I trust that this will meet with your approbation, as it is done upon an economical principle, and will certainly be a saving to the public. Captain Ferguson informs me that he took on board Eegan, the fellow who murdered an Indian, with the design to remove him ^In that letter Colonel Harmar said: "I would wish you, gentlemen, to inform the Indians that the United States wi.«:h to live in peace with them, and that they may not be alarmed atthis movement; likewise to apprise them of troops being ou their way to the post — not a set of villains, but regulars, sent by the Grand Council of the empire, in order to preserve good faith with them, and to protect the legal inhabitants." 26 The St. Clair Papers. from Mcintosh to Muskingum, but, being in irons, he started in his sleep and fell overboard and was drowned below Wheeling. It would have been better to - have had him executed in the pres ence of the Indians. I am informed there are a number of British traders on the Wa bash, above Post Vincennes. I hope to have the honor of addressing my next letter to you from the Post, when I shall immediately pro ceed to expel the usurpers of the public lands, and likewise re connoiter these British traders who are the cause, I believe, of all the Indian disturbances. I shall deliver but very few of the commissioner's goods, and those not unless there should be an absolute necessity for it, until I receive your sanction for so doing. Eight of the Chickasaw Nation have been with me for this week past. Their business is to have a trade with the Americans. These and the Choctaws have been treated with, and are very friendly with the United States. I have given them eight watch-coats and a few trifles, and shall take them down v/ith me to-morrow as far as we go by water, and there dis miss them with a speech and some small presents to Piamingo, the mountain leader and the Choctaw chief. I have left an officer with a command of twenty sick and invalids to garrison the fort at the rapids of the Ohio. The chief duty of this officer is to forward any dispatches which may arrive from the war office to me, immediately, at Post Vincennes, by land. Be pleased to order your letters directed to his charge. Brigadier-General Harmar to the Secretary op War. Post Vincennes, August 1th, 1787. Sir:—1 had the honor of addressing you last on the 7th ult. from camp on the Kentucky shore, just below the Rapids ofthe Ohio. On the 6th ultimo. Captain Zeigler, with a party and an adequate number of boats was detached from thence with the provisions. Ou the 8th, we embarked with the remainder of the fleet, and ar rived on the morning of the 10th at the rocks, or the lauding and crossing place, called also the Delaware Old Town, about eight miles above Green Eiver, and one hundred and eighty miles below the Eapids. In the afternoon of the same day I detached Major Ham tramck, with a party of one hundred men, to conduct the whole fleet from the landing to the mouth of the Wabash, and then to Correspondence, Addresses, Etc. 27 ascend the river for Post Vincennes. On the morning of the llth, with the residue of the troops, I took up the inclosed order of march, with our cattle in the center, in very warm weather, and the men being obliged to carry fifteen days' flour upon their backs, rendered it very fatiguing. A due north course from the landing and car rying place would have struck the Post in fifty miles distance from the Ohio, but we were obliged to oblique for the sake of water. On the 16th, we forded the White Eiver (a considerable stream), about fifteen miles below the forks, and arrived at Post Vincennes on the 17th, at noon, the whole march computed to be about seventy miles. From the Ohio, where we set out for the White Eiver, we had a very difficult march, the country being full of thickets and scarce of water, but, afterwards, we marched through fine open woods and large prairies, or natural meadows, and encamped on the banks of the Wabash. On the 18th, we were visited by Colonel Le Gras, the magistrates and the principal French inhabitants welcoming us upon our arrival. Their behavior was most respectfully submissive. In the afternoon of the same day, finding the Wabash Eiver so low and difficult to ascend, I detached a sergeant and twenty men, in three barges and five pettiaugers, to meet Major Hamtramck and lighten the fleet. Post Vincennes is a very considerable village, situated upon the Wabash, about one hundred and twenty miles from the mouth. It contains near four hundred houses — log and bark — out-houses, barns, etc. ; the number of inhabitants, about nine hundred souls, French, and about four hundred souls, Americans. Monsieur Vin cennes, the French officer from whom it derives its name, I am in formed, was here and commenced the settlement sixty years ago. On the 20th, I called upon Colonel Le Gras, for a sight of the French grants, and all other papers respecting the original settlers. The papers were produced, but I declined having a translation of them until the arrival of Mr. Bartholemew Tardiveau, a French gen tleman who was with Major Hamtramck in the fleet, well acquainted with the inhabitants and the footing they held their land upon. I expected his arrival every day. Major Hamtramck did not arrive with the boats until the 25th, having been eleven days on very severe, fatiguing duty, ascending the Wabash. He was obliged to leave Ensign Eyker Suydam, with a party, with the clothing, all the whisky, and chief part of the flour at the mouth of the Wabash, the water being so shoal that the boats could not ascend the river. On the 26th, I detached Lieu tenant Armstrong, with a party of forty-five fresh men, in several 28 The St. Clair Papers. pettiaugers, to join Ensign Suydam, and assist in bringing up the provisions and our new clothing, which was left behind at the mouth of the river. On the 27th, the resolve of Congress respecting intruders on the public lands, together with my orders, were published in English and French, which amazed the inhabitants exceedingly, particularly those who style themselves Americans. A copy of said resolve and the orders relative thereto I do myself the honor to inclose. On the 28th, eight Piankishaw Indians arrived from the Terre Haute up the Wabash, in consequence of Colonel Le Gras's information to them of the troops coming to the Post. On the 29th, I had a con ference with them, and presented them with thirteen strings of wampum, and assured them of the friendly disposition of the United States, and advised them not to listen to what any bad peo ple might say to the contrary. I sent a message by these Indians to all the chiefs of the different tribes on the Wabash, inviting them to assemble here aud hear what I had to say to them. These Indians were well pleased ; they presented me with a calumet. I gave them some small presents, and they set off on the 31st to de liver my message to the different chiefs. The French inhabitants, at the same time, sent a speech to them, a copy of which I have the honor to inclose. On the 5th instant. Lieutenant Armstrong and Ensign Suydam arrived with the stores, clothing, etc., from the mouth of the Wa bash, after a very fatiguing and dangerous passage. Several parties of Indians were hovering about the Wabash ; they waylaid a canoe on the 25th ultimo, which had fallen in the rear, at what is called the long rapid, on board of which were some flour and Avhisky, pri vate property, belonging to our guide ; they killed one of Captain Zeigler's company and a Frenchman, and took prisoner one of the men whom I had enlisted for one year, I informed the Indians of this circumstance, and to tell their chiefs that if they did not desist they would certainly draw upon them the vengeance of the Uuited States. They disavowed in strong terms .any knowledge of this murder. I humbly conceive that the great objects I have to attend to will *be to prevent illegal encroachments on the public lands, to secure happiness to the inhabitants, to protect private property from arbi trary invasion, and to remove, if possible, diffidence, fear, and jeal ousy from the minds of* the Indians. To these points I shall lend my attention. I have been busily engaged, with the aid of Mr. Tardiveau, in order to make a discrimination between the lauds le- Correspondence, Addresses, Etc. 29 gaily obtained and those that have been encroached upon without sufficient authority. The French inhabitants are about framing an humble petition to Congress, and will, I believe, give up their char ter, and trust to Congress for what lands that honorable body may please to grant them. Such American inhabitants as have settled under the French charter are also framing a petition to Congress, praying for relief, and they will be recommended by the French. As there are no intruders out of the village, I shall wait for these petitions, and inclose them to the war office, and, although the first of September is the given period for them to depart, as I can not yet possibly ascertain who are actually intruders, I shall not pro ceed to expel them until their petitions are sent on and their state determined, and I receive orders from Congress or the war office on the subject. Both parties will appoint Mr. Bartholomew Tardiveau as their agent. He will go on to Congress in the course of next month. As the Indian chiefs (if they come at all) will not be here in less than a month, I propose to take a subaltern's guard and to proceed to Kaskaskia, in company with Mr. Tardiveau, the next day after to-morrow, in' order that I may be enabled to give a statement of affairs in that part of the United States. This movement of the troops will have a peculiar good effect. It will deter several people from Kentucky and other parts from taking up the public lands. A door was opened very fast for intrusions from that quarter. Many of General Clarke's militia, on their march toward the Vermillion town, had cast their eyes on choice lands, and I am informed had made what they called tomahawk rights. Be pleased to receive the following inclosures, viz : 1. Colonel Le Gras's answer in behalf of the inhabitants at Post Vincennes to Colonel Harmar's letter of the 19th June.' 2. The address of the French inhabitants at Post Vincennes to Colonel Hg.rmar.'' 8. The address of the American inhabitants at Post Vincennes to Colonel Harmar.^ ' Eeferred to in note 1, on page 25. ' 2 This related to tho land rights which had come to them down from the French government, through the English, and the additions granted by ir responsible officers of Yirginia. 3 The clairas of the Americans to lands obtained of Todd and other Vir ginia officials. In the cession of the western lands made by Virginia, no provision had been made for any American claimant. 30 The St. Clair Papers. 4. The recommendations of the French inhabitants to Colonel Harmar in favor of the American inhabitants.' The petitions of both the French and American inhabitants to Congress I have not yet received ; they shall be forwarded by Mr. Tardiveau. I have the honor to acknowledge the receipt of your letter of the 1st June, inclosing the contract of Mr. O'Hara with the Board of Treasury for the supply of troops, etc' Brigadier-General Harmar to the Secretary of War. Fort Harmar, November 24th, 1787. Sir: — In my last letter [from Post Vincennes, 7th of August], after having published in French and English the Eesolve of Con gress respecting the intruders upon the public lands at Post Vin cennes, together with my orders relative thereto, and after having sent messages to the several Indian chiefs on the Wabash to assem ble at the Post, and hear what I had to say to them, as there was no probability of these chiefs coming in in less than a month, I in formed you that it was my intention to employ that time in visiting Kaskaskia, in order that I might be enabled to render a statement of affairs in that part of the United States. Accordingly, I marched on the Oth of August, from the Post with a subaltern (Ensign McDowell) and thirty men, through the prairies, and arrived at Kaskaskia on the 16th of the same month. Our march was very fatiguiug, as the weather was excessively warm and water very bad and scarce on our route. I was accom panied by two Indians — Pachan, a Miami chief, and his comrade, who hunted and supplied the party with meat (Buffalo and deer), both on the march and on our return. These prairies are very ex tensive natural meadows, covered with long grass. One in particu lar which we crossed was eight leagues in breadth. They run, in general, North and South, and, like the ocean, as far as the eye can see, the view is terminated by the horizon. Here and there a copse of woods is interspersed. They are free from bush and underwood, and not the least vestige of their ever having been cultivated. The country is excellent for grazing, and abounds in buffalo, deer, bear. 1 A recommendation for favorable consideration of the claims of the Amer ican settlers. ^ MS. from files of the State Department. Correspondence, Addresses, Etc. 31 etc. It is a matter of speculation to account for the formation of the prairies. The western side of the Wabash is overflown in the spring for several miles. On the 17th I was visited by the magistrates and principal inhab itants of Kaskaskia, welcoming us upon our arrival. Baptiste du Coigne, the chief of the Kaskaskia Indians, paid me a visit in the afternoon, and delivered me a speech, expressive of the greatest friendship for the United States, and presented me with one of the calumets, or pipes of peace, which is now sent on. Some of the Pioria Indians likewise visited me. The Kaskaskias, Piorias, Caho- kias, and Mitcha tribes compose the Illinois Indians. They are al most extinct at present, not exceeding forty or fifty total, Kas kaskia is a handsome little village, situated on the river of the same name, which empties into the river Mississippi at two leagues dis tance from it. It is one hundred and five miles up the Mississippi from the mouth of the Ohio. The situation is low and unhealthy, and subject to inundation. The inhabitants are French, and much of the same class as those at Post Vincennes. Their number is one hundred and ninety-one, old and young men. Having but very little time to spare, I left Ensign McDowell with the party at Kaskaskia, and on the 18th, set out accompanied by Mr. Tardiveau and the gentlemen of the village, fijr Cahokia. We gained Prairie du Eocher, a small village five leagues distant from Kaskaskia, where we halted for the night. On the 19th we passed through St. Philip, a trifling village three leagues distant from Prairie du Eocher, and dined at La Belle Fontaine, six leagues further. La Belle Fontaine is a small stockade, inhabited altogether by Americans, who have seated themselves there without authority. It is a beautiful situation, fine fertile land, no taxation, aud the in habitants have abundance to live upon. They were exceedingly alarmed when I informed them of their precarious state respecting a title to their possessions, and have now sent on a fietition to Con gress by Mr. Tardiveau. On the same day we passed another small stockade. Grand Euisseau, inhabited by the same sort of Americans as those at La Belle Fontaine, and arrived at Cahokia that evening. Cahokia is a village of nearly the same size as that of Kaskaskia, and inhabited by the same kind of people. Their number was two hundred and thirty-nine old men and young. I was received with the greatest hospitality by the inhabitants. There was a decent submission and respect in their behavior. Cahokia is dis tant from Kaskaskia twenty-two French leagues, which is about fifty miles. 82 The St. Clair Papers. On the 21st, in consequence of an invitation from Monsieur Cruzat, the Spanish commandant at St. Louis, we crossed the Mis sissippi, and were very politely entertained by him. After dinner we returned to Cahokia. St. Louis (nicknamed Panco-iir), is much the handsomest and genteelest village I have seen -on the Mississippi. It is about four miles distant from Cahokia, and five leagues above it, the river Missouri unites with the Mississippi, The inhabitants are of the same sort as before described, excepting that they are more wealthy. About twenty regular Spanish troops are stationed here. On the 22d, I left Cahokia to return to Kaskaskia. Previous t(j my departure, at the request of the inhabitants, I assembled them, and gave them advice to place their militia upon a more respectable footing than it was, to abide by the decision of their courts, etc. , and if there were any turbulent or refractory persons, to put them under guard until Congress should be pleased to order a government for them. Exclusive of the intruders already described, there are about thirty more Americans settled on the rich fertile bottoms on the Mississippi, who are likewise petitioning by this conveyance. On thc 23d, I passed by the ruins of Fort Chartres, which is one league above the Prairie du Eocher, and situate on the Mississippi. It was built of stone, and must have been a considerable fortification formerly, but the part next to the river had been carried away by the floods, and is of no conseqnence at present. I staid about a quarter of an hour, but had not time to view it minutely, as it was all a thicket within. Several iron pieces of cannon are here at present, and also at the different villages. This evening I returned to Kaskaskia. On the 24th, Monsieur Peruse, the Spanish commandant at St. Genevieve, sent me au invitation to pay him a visit. We crossed thc Mississippi accordingly, were politely entertained, and after din ner returned to Kaskaskia. St, Genevieve (nick named Misere) is a village much inferior in every respect to St. Louis. It is about four miles (including the passage of the Mississippi) distant from Kaskaskia. About eight or ten Spanish troops are stationed there. On the 26th, at the request of the inhabitants (which is inclosed), I assembled them, and gave them advice to regulate their militia, and obey their magistrates etc., until Congress pleased to ordera government for them. I have to remark that all these people are entirely unacquainted with what Americans call liberty. Trial by jury, etc., they are strangers to. A commandant with a few troops to give them orders is the best form of government for them - it is what they have been accustomed to. Correspondence, A.ddresses, Etc. 33 On the 27th I left Kaskaskia, after having received every mark of respect and attention from the inhabitants, in order to set out for the Post. We marched by a lower route. Several of the French, and the Kaskaskia chief, with his tribe (about ten in number), ac companied us, and we arrived safe at P9st Vincennes on the after noon of the 3d of September. I made the distance by the lower route to be about one hundred and seventy miles. On the 5th the Piankishaw and Weea Indians arrived at the Post from up the Wabash, to the number of about one hundred and twenty. Every precaution was taken. We had a fortified camp, two redoubts were thrown up on our right and left, and the guard in front intrenched. The troops were all new clothed, and made a truly military appearance. The Indians saluted us by firing several vol leys on the Wabash, opposite our camp. Their salute was returned by a party of ours firing several platoons. I was determined to im press upon them as much as possible the majesty of the United States, and at the same time that they were informed that it was the wish of Congress to live in peace and friendship with them, like wise to let them know that if they persisted in being hostile that a body of troops would march to their towns and sweep them off the face of the earth. On the 7th, I invited them to camp, and made the inclosed speech to them. The Indians admired the troops. I believe they had never seen such a sight before. On the 8th, they answered my speech, and, in strong figurative language, expressed their determination to preserve perfect peace and friendship with the United States, as long as the waters flowed, etc. They utterly disavowed auy knowledge of the murder that had been committed, and assured me that inquiry should be made for the prisoner. They presented me with a number of calumets and wampum, which I now have the honor of transmitting, inclosed in a rich otter skin ; they will be delivered by Mr. Coudre. Mr. Coudre has acted as volunteer for a considerable time in the regiment, and has conducted himself with propriety. If a vacancy should happen in the Con necticut quota, I beg leave to recommend him to your notice. On the 9th, the young warriors were drinking whisky and dancing before our tents all the mormng, to demonstrate their joy. On the 10th, I made them several presents from the commissioner's goods, to no great amount. On the 12th, the chief part of them left the Post for their different villages up the Wabash. They returned highly satisfied with the treatment they received. Indeed, it was a proper tour of fatigue for me. I found it politic to pay the great- 3 34 The St. Clair Papers. est attention to them. They are amazingly fond of whisky, and destroyed a considerable quantity of it. I trust that you may find this conference with the Indians attended with very little expense ; I question whether the whole, whisky, provisions, and presents, will cost the public more than one hundred and fifty dollars. Their in terpreter is a half Frenchman, and married to a Weea squaw. He has very great influence among them. I judged it necessary to pay extraordinary attention to him. I have the honor to acknowledge the receipt of several letters from you, which I shall fully answer by the next conveyance, par ticularly one of the 2d of August, inclosing me a brevet commis sion of brigadier-general. After finishing the conference with the Indians, and obtaining the inclosed petitions of the inhabitants of Post Vincennes to Congress, relinquishing their charter, and trusting to the generosity of that honorable body, I judged it expedient to leave a garrison at the Post, as it would have been impolitic, after the parade we had made, to entirely abandon the country. Accordingly, Major Hamtramck commands there. His command consists of Captain Smith's com pany, fifty-five, and part of Ferguson's company, forty ; total, ninety-five. I have ordered him to fortify himself, and to regulate the militia, who are to join him in case of hostilities. Having arranged all matters to my satisfaction, as we had a long and tiresome voyage before us, I began to think of winter quarters. Accordingly, on the 1st of October I marched by land with the well men of Captains Zeigler's and Strong's compames (total, seventy- one), for the Rapids of the Ohio. I gave orders to Major Wyllys tp command the fleet, aud to embark for the Eapids the next morn ing, with the late Captain Finney's and Mercer's companies, and the sick ofthe other companies, and a brass three-pounder. I omit ted mention of my taking into our possession some ordnance and ammunition (public property) at Louisville and at the Post. At the former we got a brass six-pounder with several swivels ; at the latter, from Mr. Dalton, two brass three-pounders. I thought it best that the public property should be under our own charge. We marched along what is called Clarke's Trace, and arrived on the 7th October at the Rapids of the Ohio. I was mistaken in a former letter, concerning the distance ; it is about one hundred and thirty miles. We saw no Indians, nor signs of Indians. From the Falls to the Post the country is in general hilly, and good wheat land. IMajor Wyllys, with the fleet, arrived at Clarkesville on the .21st. On the 23d and the 24th the men were all employed in drag- Correspondence, Addresses, Etc. 35 ging the boats over the Falls, a very difficult, fatiguing tour of duty, the more so as the water was remarkably low. On the 28th I left the Falls in the barge for the Muskingum, with orders for Captains Zeigler and Strong, with their companies, to follow the next day. On the 13th November, we arrived at this post. Cap tain Zeigler arrived here, with the fleet. On the 21st. We were fa vored with remarkably fine weather ever since we set out from the Post. The following are among my arrangements for winter quarters : At Venango, Captain Heart's company ; at Mcintosh, part of Cap tain Ferguson's company ; at Muskingum, Captain Zeigler's, Captain Strong's, Captain McCurdy's, and Captain Bradford's companies; at the Eapids of the Ohio, the late Captain Finney's and Captain Mercer's companies ; at Post Vincennes, Captain Smith's and part of Captain Ferguson's companies. Such a large portion of the regiment being quartered at Mus kingum during the winter, will save the public considerable expense with respect to provisions. The water being so exceedingly low, detained Lieutenant Beatty a long time at Fort Pitt. He did not arrive at this garrison until the 20th instant, at night. We are all happy to find that he has obtained such a just and honorable settlement for the regiment, and we are much indebted to you for having been pleased to lend him every assistance in the business. The bearer, Mr. Bartholomew Tardiveau, I believe you will find to be a sensible, well-informed gentleman, as well if not better ac quainted with the western country (particularly the Illinois) than any one who has ever been frora thence to Congress. I beg leave to refer you to him for a minute and particular description of it. There have been some impostors before Congress, particularly one Parker, a whining, canting Methodist, a kind of would-be-go-ver-nor. He is extremely unpopular at Kaskaskia, and despised by the inhab itants. I am happy to hear of General St. Clair's appointment as Gover nor of the Western Territory, as it will add to the dignity and con sequence of Congress. You are pleased to ask me intelligence respecting the military lands. From Fort Massac to the mouth of the Ohio, and from ¦ thence about twenty miles up the Misssissippi, the country over flows, and is by no means habitable. I shall have the honor of writing to you again in a short time.' ' MS. From files of .State Department. 36 The St. Clair Papers. Brigadier-General Harmar to President St. Clair. Fort Harmar, No-vember 25, 1787. My Dear General:—! am happy, very happy, to hear, by Captain Beatty, of your appointment to the government of the Western Territory.' Permit me sincerely to congratulate you upon it. Congress have been pleased to honor me with a brevet commission of Brigadier-General. I should be justly accused of ingratitude was I not to thank my old friend for his friendship and influence upon this occasion. I shall ever hold them in most grateful remem brance. Mrs. Harmar sends her kind compliments to you. Major Dun can left here yesterday for the Falls. Instructions to the Governor of the Territory of the United States north-west of the River Ohio, relative to an Indian Treaty in the Northern Department. Sir : — You are carefully to examine into the real temper of the Indian tribes inhabiting the Northern Indian Department of the United States. If you find it hostile, and that the welfare of the frontiers and the settlements forming in that country, demand a treaty, you will then, in conjunction with the Superintendent of Indian Affairs for the Northern Department, unless the attendance 'The old Continental Congress had, on the 13th Julj', passed an ordi nance for the government of the Territory north-west of the river Ohio, and prior to the date of the above letter, elected Arthur St. Clair, Presklent of that body, Governor, Winthrop Sargent, Secretary, and Messrs. Varnum, Parsons and Symmes, .ludges. The Congress had also passed an ordinance in effect supplemental to the Ordinance establishing the government, au thorizing the Board of Treasury to dispose of the lands north-west of the river Ohio, which had been ceded to the United States by the States of Vir ginia, New York, Massachusetts and Connecticut. Under this ordinance the Board of Treasury sold to the Ohio Company, organized in New England, of which Dr. Manassah Cutler, General Eufus Putnam, Major Winthrop Sargent, General Parsons and General Varnum were members, one and a-half millions acres of land on the Muskingum Eiver, and contracted for a much larger tract for private parties on the Ohio, between the mouth of the Kanawha and the Scioto; and later with John Cleves Symmes, of New Jer sey, for a million acres on the Ohio, between the two Miamis. For an ac count ol' the transactions under the Ordinance, see Vol. I., pp. 116-118- and for the Ordinance and Land Laws, see Appendix, 603-22. Correspondence, Addresses, Etc. 37 of the said Superintendent shall be prevented by any unforseen event, hold as general a one as you can with all th(^ tribes. The primary objects of the treaty are, the removing of all causes of controversy, so that peace and harmony may continue between the United States and the Indian tribes, the regulating trade, and settling boundaries. For these purposes, you will do every thing that is right and proper. The treaties which have been made may be examined, but must not be departed from, unless a change of boundary beneficial to the United States can be obtained. Although the purchase of the Indian right of soil is not a pri mary object of holding this treaty, yet you will not neglect any opportunity that may offer of extinguishing the Indian rights to the westward, as far as the river Mississippi. You may stipulate, that the east and west line ordered to be run by the ordinance of the 20th of May, 1785, shall be the boundary between the United States and the Indian tribes : provided, they stipulate that it shall run throughout unto the river Mississippi. And you may stipulate that any white person going over the said boundary, without a license from the proper officer of the United States, may be treated in such maimer as the Indians shall think proper. You will use every possible endeavor to ascertain who are the real head men and warriors of the several tribes, and who have the greatest influence among them ; these men you will attach to the United States, by every means in your power. Every exertion must be made to defeat all confederations and combinations among the tribes, and to conciliate the white people inhabiting the frontiers towards them. Charles Thomson, Secretary. Brigadier-General Harmar to Secretary op War. Fort Harmar, December 9, 1787. [Extract.] After maturely and seriously weighing the matter for calling upon the State of Virginia for one thousand militia to co-operate with the regular troops against the savages (which power Congress has been pleased to invest me with), provided they were generally hostile, there has nothing appeared, in my opinion, to justify me in making the application. It is a mortifying circumstance that, while under the sanction of Federal authority negotiations and treaties are holding 38 The St. Clair Papers. with the Indians, that there should be such presumption in the peo ple of Kentucl^ as to be forming expeditions against them. Merely for transmitting to you information concerning the popu lation of the western world, I have continued to order the oflicer of the day to take an account of the people emigrating down the river : From the 1st June to this day, there have passed this garrison, bound for Kentucky, one hundred and forty-six boats, three thousand one hundred and ninety-six souls, one thousand three hundred and eighty- one horses, one hundred and sixty-five wagons, one hundred and seventy-one cattle, two hundred and forty-five sheep, and twenty-four hogs.' Brigadier-General Harmar to Secretary of War. Fort Harmar, January 10, 1788. [Extract.] Agreeably to your directions, I have sent orders to the officers commanding at the several posts, to put the troops perfectly upon their guard, in order to avoid surprise, as, from the intelligence you have transmitted me, there may be a probability of the Indians con federating under Brant, and committing hostilities. I am in hopes that the general treaty, which the Governor of the Western Terri- - tory means to hold in the spring, will pacify the savages and settle all differences. The information which you are pleased to ask of me respecting the lands reserved to satisfy the claims of the late army, I shall give according to the best of my knowledge. The million of acres, which is to be bounded south by the Ohio Company Purchase, I be lieve will be found to be excellent land ; especially if it should take in the lands on the Muskingum and its branches, which I am led to imagine will be the case. From all accounts, the Muskingum Eiver inclines more to the eastward than is laid down in Captain Hutch ins's map. If so, the tract reserved for the late army will be very valuable. Having never been personally present at the mouth of the Ohio, it is out of my power to give further information respect ing the lands thereabout, than what was rendered in my letter of the 24th November last, viz. : " From Fort Massac to the mouth of the Ohio, and from thence about twenty miles up the Mississippi, the country overflows, and is by no means habitable." 1 MS. Files of State Department. Correspondence, Addresses, Etc. 39 This information I received from Mr. Tardiveau. The commer cial situation, as you justly observe, is fine indeed. It is a great misfortune that it is so subject to inundation. I beg leave to re fer you to Mr. Tardiveau for more particular intelligence upon this subject. It is my opinion that a million of acres adjoining the other million on the Muskingum, would take in excellent land, and com prehend a very valuable tract of country. On the 6th of last month, I wrote to Major Wyllys, at the Rapids of the Ohio, and inclosed him a copy of the inflammatory letter written by Mr. Sullivan to his Excellency the Spanish Minister, and informed him that if the said Sullivan should be found in the Federal territory, I had orders to seize and confine him. It is the universal sentiment of the inhabitants westward of the Alleghany mountains, that they ought to enjoy the free navigation of the Mis sissippi, but I very much question whether the Kentucky, Cumber land people, and those below, will have the audacity to attempt to seize upon the Natchez and New Orleans. Such an enterprise would certainly be a disgrace to the United States. I know of no cannon and the necessary apparatus which they have in their pos session t-o carry on such an expedition. I shall transmit the dupli cate of your letter of the 14th of November, and a copy of Sulli van's letter to Major Brown, to Major Wyllys, as soon as the weather permits, with strict orders to watch closely, and know their designs. I shall likewise give him directions to send an officer and two or three confidential persons to Franklin and Kentucky, under pretense of exploring the country, in order that we may be made acquainted with their intended maneuvers. It appears to me that this matter will not be so serious as is imagined, but rather an evidence of the mutinous disposition of Sullivan and an insignificant banditti. Sullivan was the principal ringleader in the mutiny of the Penn sylvania line during the late war, and it is high time to put an end to his career. If he can be apprehended at Franklin, or out of the Federal territory, I should suppose myself justifiable in giving orders for that purpose. We have had a remarkable spell of bad weather here since Christmas, The river is now fast bound with ice, and, accord ing to custom, we have only twelve days' meat and fiour on hand, through the neglect of the contractors. The men have nearly forty days' whisky due them. As soon as the weather will permit, I shall send Major Wyllys the necessary orders respecting Sullivan and his adherents. If, from the intelligence I have given you respecting the inun- 40 The St. Clair Papers. dation of tbe lands at the mouth of the Ohio, it should be judged advisable to fix upon some other tract of country to satisfy the claims of the late army, whenever Congress may be pleased to pitch upon said tract, I shall, agreealily to your directions, station an adequate body of troops in the vicinity thereof, in order that the surveyors may be protected in the execution of this business. I beg leave to observe that Fort Mcintosh is by no means tena ble. The small party stationed there I propose to order to Fort Pitt, in order to receive stores, etc' Governor St. Clair to the Secretary of War. Philadelphia, January 27, 1788. gyj, : — It is now near four weeks since I returned from Fort Pitt, and ere this should have waited upon you in person had I not been prevented by a slight indisposition, while the daily expectation of being able to do so made me decline writing. I saw General Butler at Carlisle, on my way to the westward ; but it was on the 12th of December, when I was on the return, be fore I met with him in that country. The weakness of his leg and sickness in his family had hindered him from proceeding earlier. The intelligence respecting the disposition of the Indians that I was able to obtain at Fort Pitt was not very satisfactory ; indeed, it amounted to little more than that they had been extremely anxious to see some person with authority from the United States to treat with them ; that, in that expectation, and in consequence of a re quest they had made to that purpose, there had been a con.siderable assembly on the Tawa River, but their expectations not having been fulfilled, it had been concluded to send another message to Con gress, and to wait four months for an answer. The deputy for Indian affairs at Fort Pitt had forwarded the message to the superintendent, without taking a copy, so that I had not so perfect an opportunity as I could have wished to judge of its spirit. . I have, however, taken measures to be informed of what passed at that meeting, and to get probably at the bottom of their designs, which with them, as well as with more civilized nations, are not always what they profess to be, and about the 1st of March/I expect to be possessed of it. From all accounts, however, there is a great deal of uneasiness amongst them, and it is clear to me that, if it can not be removed, a very ^MS. Files State Department. Correspondence, Addresses, Etc. 41 general war will ensue. Whether that uneasiness can be smoothed, I own, I think doubtful, for though we hear much of the injuries and depredations that are committed by the Indians upon the whites, there is too much reason to believe that at least equal, if not greater injuries are done to the Indians by the frontier settlers, of which we hear very little. It was, noth withstanding, my decided opinion that the treaty ought to be made, and in that opinion General Butler perfectly coincided, and the falls of the Muskingum is fixed upon for the place of treaty, and invitations have been sent by the super intendent to the diflferent nations to meet us there on the first of May next, a point of time that was supposed to be as early in the season as they could attend at, and a place more equally convenient to them and us than any other they would agree to. It is about seventy miles from the mouth of the river, and navigable for boats to the spot. The mode, I think of for managing the treaty, is this: that the goods be deposited at the fort at the mouth of the river, while General Butler and myself meet the Indians at the falls. Should the business come to a favorable issue, they can easily be brought up and distributed. If it does not come to a favorable issue, they are in safety. I have great reason to expect that the meeting will be very nu merous, and it is, therefore, to be regretted that the finances of the Uuited States would not permit a more liberal appropriation of money, more especially as the objects are very important in many points of view, and that they are frequently receiving very great prese:its from the British — last autumn six thousand pounds sterling in money, under the idea of a compensation for losses sustained by them in the late war, and goods to an equal value were distributed among them by that nation, and, notwithstanding the advice they received from Lord Dorchester to remain at peace with the United States, there can be but little doubt that the jealousies they entertain, and the uneasiness which agitate them, are fermented by the agents of that crown. It was a great disappointment that I could not avail myself of the liberty you were pleased to grant to open any letters from Gen eral Harmar to you which I might meet on the way. The intelli gence they must have contained would have determined me as to the necessity of inviting the nations upon the Wabash. I saw at Fort Pitt Lieutenant Smith, who had been with General Harmar in that country, but could get nothing from him that was satisfac tory, and therefore concluded that it would be proper to invite them. 42 The St. Clair Papers. and they have accordingly been invited ; their distant situation, however, renders it probable that they will not come in numbers. On the whole, sir, it appears to me, from every view I could take of this subject, and every information that I have been able to ob tain, that the proposed establishments in the country north-west of the Ohio, and the further sale of lands there for the discharge of the public debt, depends entirely on a solid peace with the Indians. To effect that no pains will be spared on my part ; yet after all that can be done, unless the inhabitants of the States that border upon them can be restrained from acts of violence and injustice towards them, it can never be of long continuance. A general Indian war, while it would involve thousands in the most extreme distress, would be attended with such an expense as our present situation would render highly unadvisable. Brigadier-General Harmar to Secretary of War. Fort Harmar, March 9, 1788. Mr. David Zeisberger, missionary to the Moravian Indians, has written to me, requesting an exchange of corn at Mcintosh for an equivalent in powder, linen, etc., which request I shall grant, as we are in want of corn for the public horses. The distance those In dians are from Mcintosh prevents them bringing it from thence. On the 14th ultimo, I received a message from Captain Pipe, the chief of the Delawares, who was hunting about fifty miles from hence up the Muskingum, with thirty or forty of his nation. I an swered his message, and on the 28th detached Ensign McDowell, with a party ofa sergeant and fifteen privates, to view his situation, and sent him a message and a string of wampum. The messages are inclosed. On the 5th instant. Ensign McDowell, with his party, returned, after having been treated with the utmost friend ship and hospitality by the Indians at their hunting encampments. Yesterday, old Captain Pipe, with seven of his young men, arrived at the garrison, and are now with me. Their object is to dispose of their skins to the contractors. He is a manly old fellow, and much more of a gentleman than the generality of these frontier people.' ^MS. Files of Slate Department. Correspondence, Addresses, Etc. 43 Governor St. Clair to Secretary of War. New York, March 14, 1788. Sir : — In the letter I had the honor to address to you on the 27th of January last, I mentioned that I had taken measures to obtain more satisfactory intelligence of what had passed at the meeting of the Indians on the Tawa or Miami Eiver last fall than I had been able to meet with at Fort Pitt. A few days ago I received by General Butler a letter from the person sent out for that purpose, who returned to Fort Pitt on the 30th of January, which I now inclose, that you may lay the in formation it contains before Congress. It is, indeed, not very im portant, but it seems to confirm the sentiment that, if a general In dian war is to be avoided, some accommodation wdth these people must take place, and may perhaps induce Congress to make some alteration in the instructions under which the Superintendent of In dian Affairs and myself are to act at the proposed treaty. The severity of the winter prevented the invitation to the differ ent nations from being sent so early as was intended, which will probably prevent their attending at the time that had been fixed upon, viz., the 1st day of May. The goods, however, are sent for ward, and I shall be in readiness to attend to it at that time, unless from the answers that may be received from them it may be neces sary to delay it to a more distant period. Governor St. Clair to the Board of Treasury. New York, March, 1788. Gentlemen: — I have the honor to return to you, inclosed, the warrant upon the State of Pennsylvania for one thousand dollars, for some of the purposes of the Indian treaty, which you were pleased to furnish me with. Immediately on my arrival in Phila delphia, I presented it to the receiver of Continental taxes there, who informed me that if the Treasurer of the State would make the payment he would instantly do what was necessary on his part. I made application to the Treasurer, who said he could pay no money ou any accounts without the orders of the Executive Council ; and, at any rate, he could not pay one farthing in specie, nor could he devise any means of procuring specie, other than that the Council should empower him to sell as much paper as would raise the sum mentioned in the warrant. I then addressed the Council, and 44 The St. Clair Papers. stated to them, as an inducement for their compliance, the very great interest the State had in the event ofthe proposed treaty with the Indians ; they would do nothing in the matter, but, as the As sembly were to meet in a few days, desired that I would not return the warrant then, and that my letter to them should be laid before the House. That was done, and a committee, to whom it was re ferred, reported that they could devise no means for the payment, which report was adopted. As that money is absolutely necessary — indeed, the business can not go on without it — I have to request that the Board will please to furnish it in some other way ; every thing else that is necessary has been procured and sent forward to Fort Pitt. Brigadier-General Harmar to Secretary of War. Fort Pitt, April 26, 1788. Sir: — I am now upon my tour to Venango, and shall ascend the Alleghany to-morrow, in order to visit Captain Heart's fiost. Nicholson, the interpreter and messenger, who resides at this place, returned from Sandusky on the 17th instant. His intelli gence is, that the Indians will be late in assembling to the treaty, and that it is their determination to insist, peremptorily, on the Ohio Eiver as the boundary. I do not think that full faith and credit is to be given to his intelligence. On the 7th ultimo. Ensign Spear was detached to the Rapids of the Ohio, in order to bring np tlie remainder of the Commissioner's goods from thence, and to lodge them at Muskingum, ready for the treaty. His orders were, not to exceed the 25th May in returning. He had, also, permission to proceed to Post Vincennes. My calculation is, that upon my return from Venango, which will be about the 10th of May, that the Governor of the Western Ter ritory and the superintendent may probably arrive at this post, and that I shall have the honor of accompanying them in the barge to Muskingum.' I shall make a halt for the purpose, unless some un foreseen event should take place. iln a letter dated June 15, I find this paragraph: "On tlie aSd May, General St. Clair arrived at Fort Pitt, but, as the In dians will be late assembling lo the treaty, and, as he has some private afiairs to attend to at Ligonier, he thought proper lo return there, and informed mo that he should be at Fort Pitt about the 2.5th of this month; it was, there fore, inconvenient for me to wait so long a time for his return. I left Fort Pitt Correspondence, Addresses, Etc. 45 I left at Muskingum Captain Pipe, with about seventy men, women and children of the Wyandot and Delaware naticms, per fectly contented, and trading very peaceably with the contractors. General Harmar to the Secretary of War. [Extract.] FoRT Harmar, June 15, 1788. I had the honor of addressing yon last on the 26th of April from Fort Pitt, since which I have to acknowledge the receipt ot your letters of the llth and 21st of April. On the 27th of April, I left Fort Pitt in the barge, and, after six days extreme hard labor in ascending the rapid river Alleghany, arrived at Captain Heart's works, on French Creek. Captain Heart, with his small command, has done an immense deal of work there. His garrison was found to be in excellent order. There are a number of the Seneca and Monsy tribes con tinually in his neighborhood, who conduct themselves very peace- in the afternoon of the 28th May, and the ni'Xt night arrived at this post. Major Doughty now proceeds in the barge, and will have the honor to receive the Governor and accompany hira down. On the 13th instant, a large boat of the contractor's, laden with provisions for the treaty, set out frora hence for the falls of the Muskingum; it is absolutely necessary they should be expeditious in their moveraents, as the Muskingum Eiver will soon be so low that it will be impossible for loaded boats to ascend it. Agreeably to the Governor's request, I have granted an escort of a sub-sergeant, corpoi'al, and twenty privates, for this boat-load of provisions, and have given the ofiicer orders to build a council-room for the savages at the falls of the Muskingum.'' Eespecting the million of acres reserved bj- Congress, at the mouth ofthe Ohio, for the bounty lands of the Continental army, General Harmar said he had received frora Major Wyllys interesting and favorable information. General Clarke, who had himself traveled through the countrj-, pronounced it excellent. " Major Hamtramck prefers the lands on the Illinois Eiver, oi the Wabash; but I believe the intelligence transmitted hy Jl.ijor AVj-llj's is to be depended upon, and would, therefore, give it as my opinion, that we should not hesitate to accept the lands described in the resolve of Congress, beginning at the mouth of Ohio, etc. The surveying of this tract, however, must necessarily be deferred until the result of the grand treaty is known and the teraper of the savages perfectly ascertained." "From the 9th of December to this day, three hundred and eight boats, six thousand three hundred and twenty souls, two thousand eight hundred and twenty-four horses, five hundred and fifteen cows, six hundred sheep, nine hogs, and one hundred and fifty wagons, have passed this garrison, bound for Limestone and the rapids. The emigration is almost incredible." 46 The St. Clair Papers. ably. Indeed, I know of no officer who manages the Indians better than Captain Heart. The Seneeas in particular place great confi dence in him ; he is a great favorite among them. After strongly impressing him with the necessity of the utmost vigilance at his post in order to guard against surprise, as he is out of all manner of support, and, therefore, must dejjend upon nothing for his security but his own alertness and attention, I left him on the morning of the 4th of May, and the same evening returned to Fort Pitt. The distance by water I supjiose to be about one hundred and sixty miles ; by land, about eighty. There is no sort of comparison between the Ohio and the Alle ghany Eivers as to the current, the latter being so much more rapid than the the former. The country on both sides of the river, from Fort Pitt to French Creek, is very rugged and mountainous. I have the honor to inclose you a map of the country from Venango to Lake Erie. Governor St. Clair to the Secretary of War. Westmoreland, June 23, 1788. Sir : — The meeting of the Indians has been delayed (by them selves), much longer than was expected; it is now probable they will be assembled about the beginning of the next month. This week, I propose to set out for the place appointed, and I take the opportunity, by General Irvine, to inclose the originals of my last message, received in answer to the invitations on the part of the commissioners, and of a letter from the messengers. I have not time to copy them without detaining him too long. It would seem that they got to Sandusky at a favorable moment, and so great a number prepared for war being stopped and turned back, I take as a favorable omen ; at the same time, that prepara tion, together with the parties that are doing mischief along the river, proves that the resolution mentioned in a former message was very generally taken, and that we have been, if we are not still on the eve of a very general war. I hope, however, it may be pre vented. But I must wish for fresh instructions. General Bdtler to Governor St. Clair. Pittsburgh, ,Tuly 1, 1788. Dear Sir:— I made a short tour to the woods last week and met Correspondence, Addresses, Etc. 47 the inclosed from the messengers, since which I have seen some Indians from the upper Sandusky and other places. The accounts all agree that the Indians had not yet met at the council which they mean to have among themselves previous to meeting with us, which, of course, makes the time uncertain, though I believe they gener ally intend it. They are a little confused, and I suspect, on good grounds, that pains is taken to keep them so, whatever appearances and declarations are made to the contrary. Mr. Duncan has gone to the ground. I am told the Pipe and his people are gone from their town to him. Major Doughty is here with the barge, and wishes your arrival much, in case you design to take this opportunity, if not, he wishes to go down and send it up again. Indeed, I expect there will be but little hope of the Indians being collected before next month. There have been some alarming accounts brought in by Girty and some otber persons who were present, but their report is positively contra dicted by two Seneca men who left the Sandusky since they did. I hope Mrs. St. Clair and the children are well. I will be glad to hear when you think of coming up. General Knox to Governor St. Clair. War Office, July 3, 1788. Sir: — I have the honor to acknowledge the receipt of your favor of the llth of May on the 20th of June. I now inclose a resolve of Congress of the 2d instant for appro priating a further sum of twenty thousand dollars to the department under your direction on the principles therein specified. I also inclose you the instructions of Congress, for the appropri ation of the same. As these papers are of the highest importance for you to possess as soon as possible, I shall transmit them by the post to Philadelphia, and direct Mr. Hodgdon to forward them to you with all possible expedition by express. It may not be improper for me to intimate to you the anxiety of Congress to hear from you in the present state of affairs, and of the dependence they place on your abilities and that of the superin tendent for quieting all disturbances among the Indians. I feel great satisfaction that Congress has been pleased to mak^ this further appropriation, as I hope it will be the means of accom plishing effectually the public expectations. 48 The St. Clair Papers. Governor St. Clair to Secretary of War. Pittsburgh, July 5, 1788. giy. ; — Since I had the honor to drop you a hasty line by General Irvine, with the latest intelligence then from the Indian country, General Butler has received a letter from the persons sent to invite the Indians, dated the 14th of June, a copy of which I now in close.' It is not a little extraordinary that a meeting which was desired with so much earnestness by the savages should be attended with so great delay on their part after being consented to by Congress. I suspect, indeed, that the concession has a little embarrassed them. They had probably been led to believe that their request would not be complied with, and were determined on war, and, though that is an event some of the nations, particularly the Wyandots and part of the Delawares, would wish to prevent, it is certainly ardently desired by many others, and I am far from being sanguine in the hope that the commissioners will have it in their power to pre vent it. The Western tribes have been so successful in their depredations on the Ohio Eiver, their settlements are so distant, and their country so difficult, they imagine themselves perfectly safe, and as by these in cursions they gratify at once their passions of avarice and revenge and their desire for spirituous liquors, every boat carrying more or less of that commodity, few of them may be expected to attend ; nor are they to be much depended on shonld they attend generally. At this time, however, even a hollow peace, if better can not be secured, is very much to be wished. The confusion that seems to prevail amongst the difierent tribes might, possibly, be kept from an open rupture, if the United States had proper persons amongst them, or if any of the nations had much confidence in us ; but neither of these is the case, nor do I think it ever will be the case. Our settlements are extending themselves so fast on every quarter where they can be extended ; our pretensions to the country they inhabit have been made known to them in so unequivocal a manner, and the consequences are so 'The information was to the effect that the Indians now proposed to hold a conference among theraselves in the vicinity of the Miami of the Lake, and that the Fivo Nations had been invited to participate. This indicated long delays. As the western Indians had sent word to Congress, asking for a treatj-. General St. Clair expresses surprise at the new turn of affairs. Correspondence, Addresses, Etc. 49 certain and so dreadful to them, that there is little probability of there ever being any cordiality between us. The idea of being ultimately obliged to abandon their country rankles in their minds, and our British neighbors, at the same time that they deny the cession of the country made by them, suffer them uot to forget for a moment the claim that is founded upon it. Any opportunity that may present itself, either to sow the seeds of discord among them, or to cultivate a good understanding with them, will be embraced if it can be done without committing the United States. There is another reason why the Indians have been so tardy and undecided about their meeting, which has been sup plied by the government of New York. It may not be very proper for me to animadvert on the conduct of that or any government, but it was surely very improper to call the Six Nations to a meeting in that State, and, as I have understood, for State purposes, at the very time they had been called to a different part of the country for general purposes, and in which that State, as a member of the United States, was equally concerned ; and no meeting is of much consequence without these nations. It has distracted them very much ; they complain of it, and say " they are called here and they are called there." One says, " Here is the great council fire, and to this you must come ; " another tells them, " there is the great council fire and there they must go ; " and a third tells them it is lighted up in a third place (that I understand is the land company that has been formed in that State to take leases of them), and they know not what to do, or whom to believe. They feel themselves like drunken men, reeling from side to side, and unable to fix them selves anywhere ; and as they are naturally, I had liked to have said not altogether unjustly, jealous of us, it has at this time in creased that natural jealous^'. It seems, however, they are now on their way, and may be expected ere long. I have had the pro visions at the place appointed for a considerable time, with a small party to take care of them, and a person to speak with any parties that might arrive ; but these increase the expenses. To-morrow I shall set out myself, but shall not go farther than the Muskingum settlement until the Six Nations arrive, and shall take every opportunity to inform you of every occurrence. But I can not conclude this without expressing a wish that we were better prepared against hostilities, which it is the general sentiment will certainly happen, and which, though I do not think them inevitable, are but too likely to take place. 4 50 The St. Clair Papers. Governor St. Clair to the Secretary of War. Fort Harmar, .July 13, 1788. (Sir;— In the letter I did myself the honor to write on the 5th instant from Fort Pitt, I mentioned that the provisions iDrocured for the Indians at the intended treaty had been sent to the place upon the Muskingum where the meeting was appointed, and that General Harmar had furnished a small party to take care of them. This day, George Washington, a Delaware, arrived here, an express from the officer who commands the party, with an account that, the morn ing before, he had been attacked by a party of Indians ; that he had one man killed, two badly wounded, and several missing ; those missing he concluded to be either made prisoners or attempting to make their way to this post; one of them is since come in. A negro servant of Mr. Duncan's was also killed and scalped. The Indians were repulsed, and one of them left dead on the spot. Their attack, however, was a very spirited one, for they rushed between the guard and some huts that had been thrown up to cover the men and provisions, armed with spears chiefly. Nine Delawares, with their women and children, came to the party about two hours after the attack. They expressed the great est concern at the affair, protested their being utterly ignorant of it and said the dead Indian was a Tawa, whicli is not imiwobable, as it seems the party had come down the Muskingum in bark ca noes, some of which were fouud not far above the post. It is impossible to determine whether this affair has been the mere wanton act of some predatory party, uncountenanced by the nation they belong to ; whether it may have been committed by the direction ofthe nation to embarrass the councils, and obstruct a gen eral peace, to which it is said that nation are much opposed ; or whether it ought to be considered as an act of general hostility. In any of these cases, however, I judged it improper to let the pro visions remain where they were any longer. Should the nations be resolved on war, and this be the first effect of that resolution, it will be soon followed by others of a more serious nature. In this un certainty, to have desired the party to be strengthened, I thought it would be improper, and what General Harmar might well refuse. To let the provisions remain with the present guard, might be throw ing both into the hands of the savages. After such an insult, to XQeet the Indians at that place, should they be inclined to come, I thought inconsistent with the dignity of the United States. Taking all circumstances into view, and not depending altogether upon my Correspondence, Addresses, Etc. 51 own opinion, though alone responsible, with the advice of Judge Parsons and Judge Varnum and General Putnam, I sent some boats up to bring the provisions away, and requested General Harmar to withdraw the party. In a few days the whole will be here. In order, however, that I might be able in some degree to develop the in tentions of the savages, and to give them an opportunity to offer some satisfaction, if they were inclined to do it, I have sent a speech to the chiefs of all the nations that are now met in council at the De troit or at the Tawa Eiver, I am not certain which of the places, ac companied by one to the Wyandots at Sandusky, copies of which are inclosed. If they mean to be at peace with the United States, they will at least make an apology for what has happened. Should they be hes itating or divided, then something like a threat at the same time a desire for peace, if declared, may increase the division. If war is actually determined on, it can do no harm, and, even in that case, may do some good. The messenger will probably draw forth a re ply that may produce another from me ; perhaps another from them again, and some time will be gained. Should they disavow the act, and offer any reparation consistent with the honor of the United States, and that not strained very high, for I am well aware how embarrassing a war would be, and how ruinous to the frontier peo ple, I shall accept it, and invite them either to this place or to any other of the posts they may prefer. But this affair has so much shaken my opinion of their regard te national faith, I should not be over-fond to meet them quite unprotected, which it was my in tention to have clone. I hope, sir. Congress may not think the tone of my message too high. To remonstrate was become absolutely necessary, and then I thought it best to remonstrate against the whole of their im proper conduct than a part only, and to do it in such terms as I thought niight make some impression upon them. General Butler to Governor St. Clair. Pittsburgh, Jidy 14th, 1788. Dear Sir : — Originals, of which the inclosed are copies, came to hand yesterday by Mr. Isaac Williams, Jun. , who informs me there are about eighty chiefs of different tribes met at the Detroit Eiver, and are waiting the arrival of Colonel Brant and the chiefs of the Five Nations with anxiety. From the accounts brought me by a 52 The St. Clair Papers. Seneca man, on the 8th instant, I fear they are prevailed on by the messengers from the State of New York ' to attend their call, as he says they were actually on their way to Muskingum, but were turned back by them, and I think it appears probable, as there had no account of them arrived at Detroit from the 15th to the SOth June, though then hourly expected, as per Mr. Wilson and Einkin's letter. What will be the result of such perplexed business among themselves is hard to judge, though I still expect and hope a meet ing will take place. As to my attendance with you at the treaty, it will entirely depend on accounts from the Secretary of War, which I shortly expect. Be that as it will, this you may depend upon : I will use every endeavor to forward it while I remain here. As I do not expect any of the party mentioned in Mr. Wilson's letter this way, it might be improper to alarm the country at this critical juncture (harvest, etc.), and, as to sending a party to meet or in tercept them, you are the best judge. I have this day got Guiosota and the Big-tree or Stiff-knee to set off for Muskingum, to assist the Pipe, who I hear is there to protect Mr. Duncan and the people at that place. Be so kind as to present me, respectfully, to Generals Parsons, Harmar, Putnam, and the other gentlemen with you. Governor St. Clair to General Butler. " Fort Harmar, July 15th, 1788. Dear Sir : — I have this moment been favored with yours of yes terday. The intelligence contained in the inclosure has proved too true, for on the 12th the party at the falls of Muskingum were attacked a little after sunrise. Two men, one of these Mr. Duncan's servant, were killed, two were dangerously wounded, and several missing. One Indian was killed upon the spot, and, from the manner in which they went off, it was supposed several were wounded. The man killed, the Delawares, some of whom arrived about two hours after the attack, with their women and children, say was a Tawa, and there is little doubt of this being the party the Wyandots inform you of. Immediately on hearing of this misfortune, I ordered the pro visions to be brought back to this place, and sent a trusty In- 1 That is, Erant, the chief of the Mohawks, and head of the Six Nations. Brant was endeavoring to form an Indian confederacy to resist the Amer icans. Correspondence, Addresses, Etc. 53 dian to the Wyandot towns with a speech for the nations assem bled either at the Tawa or at Detroit Eiver, and another to the Wy andots, requesting them to forward that for the assembled nations. Copies of these I have inclosed. Lest any accident should have be fallen the man I have sent out, I wish you would find an oppor tunity to send another copy. It would have been very desirable upon this occasion to have had your advice, but the matter ap peared to me not to admit of the delay that would have been re quired to obtain it. I was, therefore, obliged to act upon my own ideas. To have met the Indians at the falls, after such an instance of perfidy, would not have been very prudent, personally considered, but to have met them at all, after such an indignity to the United States, seemed to me altogether improper, unless they should form ally disavow all knowledge of it, and either offer reparation or en deavor to explain it away ; the last I expect they will do, and I think the tenor of my message will give them an opportunity. It will strike you, perhaps, as an impropriety that the message is in my name only as commissioner to treat with the Indians. Had you given me the least hint that you would probably be at the treaty, or had any expectation from the Secretary of War, or any other quarter, of your being in a proper situation to attend it, that had not been the case; and I assure you it will give me much pleasure, should it yet take place, but, from the conversation I last had with you on the subject, I had no reason to believe you intended it, or that you had such an expectation. I dare say the affair at the falls has been much exaggerated in common report, and I fear it will occasion great uneasiness in the settlements. I could wish it was so told in such a manner, through the medium of the Pittsburgh paper, as to prevent the alarm be ing too great, without removing all idea of serious consequences. In truth, I think the consequences very doubtful, and the alterna tive of peace or war hangs so nearly in equilibrium that no man can tell which side of the balance will kick the beam. Governor St. Clair's Address at Marietta. From the Ordinance for the establishment of civil government in this quarter, that has been just now read,' you have a proof, gentle- i"On Wednesday, the 9th of July, 1788, his Excellency arrived at Fort Harmar and on the 15th was published the Ordinance of the honorable Cono-ress for the Government of the Territory, the coraraissions of the Gov ernor, the honorable Judges, Samuel Holden Parsons, James Mitchell Var- 54 The St. Clair Papers. men, of the attention of Congress to the welfare of the citizens of the United States, how remote soever their situation may be. A good government, well administered, is the first of blessings to a people. Every thing desirable in life is thereby secured to them, and from the operation of wholesome and equal laws the passions of men are restrained within due bounds; their actions receive a proper direction ; the virtues are cultivated, and the beautiful fabric of civilized life is reared and brought to perfection. The executive part of the administration of this government has been intrusted to me, and I am truly sensible of the importance of the trust, and how mnch depends upon the due execution of it to you, gentlemen, over whom it is* to be immediately exercised, to your posterity — perhaps to the whole community of America. Would to God I were more equal to the discharge of it! But my best endeavors shall not be wanting to fulfill the desire and the ex pectations of Congress that you may find yourselves happy under it ; which is the surest way for me, at once, to meet their approba tion, and to render it honorable to myself. Nor when I reflect upon the characters of the men under whose immediate influence and ex ample this particular settlement, which will probably give a tone to all that may succeed it, will be formed, have I much reason to fear a disappointment — men who duly weigh the importance to society of a strict attention to the duties of religion and morality, in whose bosoms the love of liberty and of order is a master passion ; who respect the rights of mankind, and have sacrificed much to support them, and who are no strangers to the decencies and to the elegancies of polished life. I esteem it also a singular happiness to you and to me that the gentlemen appointed to the judicial depart ment are of such distinguished characters, and so well known to you. On the one side, the respect which is due to their station is secured, while, on the other, it will be yielded with the most perfect good-will. You will observe, gentlemen, that the system which has been formed for this country, and is now to take effect, is temporary only, suited to your infant situation, and to continue no longer than that state of infancy shall last. During that period, the judges, with my assistance, are to select from the codes of the mother States such num, and the Secretary's, after which his Excellency addressed the people assembled at Marietta, as follows."— From the Journal of the Proceedings of his Excellency, Arthur St. Clair, Governor and Commander-in-Chief of the Territory of thc United States lSortk--west of the River Ohio," kept by Win- thiop Sargent, Secretary. Correspondence, Addresses, Etc. 55 laws as may be thought proper for you. This is a very important part of our duty, and will be attended to with the greatest care. But Congress have not intrusted this great business wholly to our prudence or discretion ; and here again you have a fresh proof of their paternal attention. We are bound to report to them all laws which shall be introduced, and they have reserved to themselves the power of annulling them, so that if any law not proper in itself, or not suited to your circumstances, either from our not seeing the whole extent of its operation, or any other circumstance should be imposed, it will be immediately repealed. But with all the care and attention to your interest and happiness that can be taken, you have many difficulties to struggle with. The subduing a new country, notwithstanding its natural advantages, is alone an arduous task, a task, however, that patience and perseverance will surmount, and these virtues, so necessary in every situation, but peculiarly so in yours, you must resolve to exercise. Neither is the reducing a country from a state of nature to a state of civilization so irksome as it may appear from a slight or superflcial view ; even very sensi ble pleasures attend it ; the gradual progress of improvement fills the mind with delectable ideas ; vast forests converted into arable fields, and cities rising in places which were lately the habitations of Avild beasts, give a pleasure something like that attendant on creation ; if we can form an idea of it, the imagination is ravished, and a taste communicated of even the "joy of God to see a happy world." The advantages, however, are not merely imaginary ; situated, as you are, in the most temperate climate, favored with the -most fer tUe soil, surrounded by the noblest and most beautiful rivers, every portion of labor will meet its due reward. But you have upon your frontiers numbers of savages, and, too often, hostile nations. Against tliem it is necessary that you should be guarded, and the measures that may be thought proper for that end, though they may a little interrupt your usual pursuits, I am certain will be cheerfully submitted to. One mode, however, I will at this time venture to recommend, which, as it is in every point of view the easiest and most eligible, so I am persuaded it will be attended with much suc cess. Endeavor to cultivate a good understanding with the natives, without much familiarity ; treat them on all occasions with kind ness, and the strictest regard to justice ; run not into their customs and habits, which is but too frequent with those who settle near them, but endeavor to induce them to adopt yours. Prevent, by every means, that dreadful reproach, perhaps too justly brought by them against all the white people they have yet been acquainted 56 ?'Ae St. Clair Papers. with, that, professing the most holy and benevolent religion, they are uninfluenced by its dictates and regardless of its precepts. Such a conduct will produce on their part the utmost confldence ; they will soon become sensible of the superior advantages of a state of civili zation ; they will gradually lose their present manner, and a way be opened for introducing amongst them the gospel of peace, and you be the happy instruments, in the hands of Providence, of bringing forward that time which will surely arrive, " when all the nations of the earth shall become the kingdoin of Jesus Christ." The present situation of the country calls for attention in various places, and will necessarily induce frequent absence, both of the judges and myself, from this delightful spot ; but at all times and places, as it is my indispensable duty, so it is very much my desire, to do every thing within the compass of my power for the peace, good order, and perfect establishment of the settlement ; and, as I look for not only a cheerful acquiescence in , and submission to, necessary measures, but a cordial co-operation, so I flatter myself my well-meant endeavors will be accepted in the spirit in which they are rendered, and our satisfaction will be mutual and complete.' 1 At the conclusion of the Governor's address, which had been listened to with deep interest. General Eufus Putnam congratulated him on his safe ar rival in a few appropriate remarks, and the following formal address was presented on behalf of the citizens: REPLY OF THE CITIZENS OP MARIETTA. May it please your Excellency : — The people of this settlement, to whom you have been pleased to make known the Constitution, your own commis sion, those of ths judges, and that of the Secretary, beg leave to approach you with the warmest affection and sincerest regard. If unreserved confi dence in the talents, abilities, and paternal friendship of your Excellency can add to our felicity; if an almost enthusiastic ardor impelled us to form this settlement; if our efforts can succeed only under a wise government, equally and impartially administered; and if bowing the knee to Heaven in humble thankfulness that your Excellency in particular hath been appointed to preside over it, can increase your satisfaction, then indeed are we mutu ally happy. The Constitution [Ordinance] itself we consider as the result of a wise and most benevolent policy; and we look up with veneration to the fathers of tbeir country, whose care and attention follow us wherever we go; but the Constitution is now the raore dear to us, as we behold your Excellency, removing all our doubts and fears of your sa'e arrival, and mildly paving the way to regularity, order, and harmony. We can form some idea of the arduous task imposed upon the governraent of so extensive a country as the Western Territory; but, whatever dangers may intervene, whatever diffi culties may oppose the progress of your noble and beneflcent designs, we Correspondence, Addresses, Etc. 57 Governor St. Clair to the Secretary op War. Fort Harmar, July 16i/i, 1788. Sir : — I had the pleasure to receive this morning your letters of the 3d and 4th instant, together with the additional instructions of Congress on the subject of the Indian treaty. From mine to you on the 13th instant (a duplicate of which, with the messages to the Indians, is inclosed), you will find that business has, at present, rather an unfavorable aspect. I am not, however, without hopes that it may be brought to issue in peace, being persuaded that it is the wish of the nations which, from their situations, can do us most harm, at the same time that they are most acceptable to us. I think, sir, that a good deal of time may elapse before the great event of peace or war is decided upon, so long, at least, as that I may be fully informed of the sentiments of Congress upon what has happened, and whether the steps I have taken meet their approbation. Embarrassing as an Indian war would be, I would wish, from that motive, if there were no others, to take every proper means to prevent it ; but it is with nations as well as with individuals, the tamely submitting to one injury usually invites a greater, and where the national honor or interest is concerned, I believe some embarrass ments ought to be overlooked ; so far, however, as I am the deposi tory of either, I conceive I should be highly culpable not to maintain will, as far as in our power, share in the burdens, alleviate your cares, and, upon all occasions, render a full obedience to the government and the laws. We are fully persuaded, with your Excellency, "that all the nations of the earth will become the kingdom of Jesus Christ." And we exult in the firm belief that the great purpose of Heaven, in perfecting human reason, and attracting all mankind to the standard of one divine control, will be accomplished in this new world. We are equally ravished with the thought that the great Governor of the universe hath raised up your Excellency, as an instrument to open the way to this transcendently glorious event, and that in this life you will anticipate the joys of Paradise. Great sir: we pray that Heaven may grant to you, both in your public character and private life, all the felicity that can meet your expectations, or warmest desires. May you long enjoy the tranquillity of a mindinfluenc d by the. principles of rectitude only. May the cold hand of death never ar rest you until you shall have accomplished all the objects which a great and good mau can embrace; and thon, when life shall lose her charms, when na ture shall begin to sink beneath the weight of mortality, and when the mind, impatient to be free, shall burst the brittle shell which holds it here, may you rise triumphant on cherub's wings, to enjoy your God in realms of endless felicity I 58 The St. Clair Papers. or defend them, unless I had express orders to the contrary, and that the lines of departure were pretty distinctly marked. I am very sensibly affected, sir, by this fresh mark of the confi dence of Congress in trusting to my disposal the further sum of twenty thousand dollars. I may venture to assure you that not one penny of it will be called for, unless the objects in view can be ob tained ; but it would be wrong in me, whilst the contrary is my opinion, and I believe not ill grounded, to let an expectation that they will be attained gain ground. The west line, pointed out in the original instructions, which I was at liberty to stipulate for as a boundary, would not, I believe, be agreed to without much difiiculty, because between that line, the Ohio and Mississippi, the principal hunting grounds are contained, and it is the residence of some of the nations not very well disposed towards the United States. When I say the princijial hunting grounds, I mean those that abound in deer, the species of game most essential to the Indians. To extend the boundary northward to the completion of the forty-first degree would include thewhole ofit, as well as a great part of the country where the Wyandots reside, and what was reserved to the Shawanese and Delawares. Now, sir, there is not the least probability that these countries will be given up at this time for any consideration that can be offered, and I believe that if, contrary to my expectations, they should consent to make formal conveyances of that country, unless they are determined to abandon it altogether, which is not likely, they will never consider themselves as bound by them, so that, instead of establishing a solid and per manent peace, a foundation may probably be laid for irreconcilable hatred and wasting wars, and the money be thrown away into the bargain. These are my opinions. I offer them with great deference, but I hold it my duty to offer them, and notwithstanding I will leave nothing undone within my power to accomplish the wishes of Congress. I have also inclosed copies of letters from Wilson, the messenger, and Khun, a Wyandot chief, to Colonel William Butler, transmit. ted to me by General Butler, and received since I sat down to write. Khun seems well disposed, and I have reason to think that tribe is generally so. The Half-King, who is now dead, was the greatest enemy we had amongst them. As the post is now established to Pittsburgh, the communication from this part of the country will be easier, and I shall not fail to give you information of every thing that turns up by every oppor tunity from hence. Correspondence, Addresses, Etc. 59 Governor St. Clair to M. Gardoqui, Spanish Minister. Fort Harmar, July 16, 1788. It was not without the most sensible concern that I learned the misfortune of New Orleans. The destruction of so many houses must have reduced great numbers to the most distressed situation, and it would have given me great pleasure to have had it in my power to have contributed to their relief, which I should certainly have done to the utmost if I had reached the Mississippi, but I am retarded in my progress that way by the proposed meeting with the Indians at Muskingum, which has not yet taken place. As soon as that is over, I shall go down, and if any thing in that country will be useful, either to the immediate comfort of the unhappy settlers or the re-establishment of the city, your Excellency has but to men tion it. I had flattered myself with the expectation of a line from you on the subject I took the liberty to mention before I left New York. A few thousand barrels of flour I could easily send were I certain that it would not be exposed to seizure as being contrary to regula tions established, and after the terrible misfortune the inhabitants have met with, and the price being ascertained, ifit were agreeable, . it might be paid for at New York on the receipts being produced to you. If you will please to give me your sentiments on this head and your permission, if you approve of it, you will very much oblige me ; for, though no man would less wish for a deviation from established rules than myself, a time of public calamity I take to be without them, and it may be the commencement of a friendly inter course between the particulars of two nations, whose general interest I think it is to be upon the most friendly terms.' iThe following is the reply of the Spanish Minister: New York, August 9, 1788, My Dear General : — The very moment that the news of the fire of New Orleans reached me, I thought o.f your former hints, and set imraediately to inquire about your place of residence, with a view to write you upon the very subject you have favored me with by your esteemed favor of the 16th ultimo; but, unfortunately, I was informed that every body conceived that you must be at that time busy in the Indian country, executing your com mission, and of course I could not imagine that you would be able to provide what we both could have wished. On another hand, the vessel that brought me the news had had a long voy age, and the want was so pressing as to oblige me to dispatch a vessel directly from this port. Soon after, half a dozen more sailed from Philadelphia, and 60 The St. Clair Papers. General Butler to Governor St. Clair. Pittsburgh, July 18th, 1788. Dear Sir: — Since my last, have no news of any kind to communi cate, but the following copy of a letter which I this day received by express from Colonel Joseph Brant;' and, by the same express, an if credit is given to speculators, we find that the Havana, Vera Cruz, and several of the islands have poured in such quantities of flour and other ar ticles that they have entirely glutted up the market for more than can be consumed in a year. Such being the case, I would not advise you to send any, as you would, of course, lose the whole; but I daily look out for direct advices from that gov ernment, which will enable me to judge with certainty if there is any en courageraent, I'ou may depend on ray immediate advice and proper pass, full}' assured that the mode of payment shall be agreed upon to mutual sat isfaction, either there or here. I am doubl}' disappointed to flnd that you have not been at the place im agined, and that you have met with sucli disagreeable troubles and ob stacles, but still hope that you will succeed to bring the red gentry to peace able terms, and crown your commissiou with a good tr,eaty. I sincerely thank you for your readiness to embrace every opportunity of promoting the good of both our nations, and you may rest assured ot my re ciprocity in any instance that may occur. In the meantime, permit me to repeat ray sincere wishes for your success, and the unfeigned sentiments of real attachment and esteem with which I am, dear sir. Your most obedient and very humble servant, James Gardoqui. His Excellency, Arthur St. Clair. • Following is the letter of Brant referred to : Buffalo Creek, July 8, 1788. Sir:—1 ara desired by the sachems and warriors of the Five Nations ^ to notify you that they received your invitation to attend a Council at Tusca rawas, dated 23d December last, which was answered some time .ago, inform ing you that they were preparing to meet you; since which the land-jobbers frora New York and Massachusetts have arrived here in order to purchase sorae lands, which has been a tedious business, and taken more time and at tention than we expected. However, the raatter is at last mutually settled, and we are preparing to meet your council, and shall be able to write you from the Miarai Eiver what tirae you may expect to see us; raeantirae, we hope you to exercise patience, and not think the time long, as it isa business of importance, which we mean to consider seriously, and hope to settle to (1) It will be noted that Brant writes as the head of the Five Nations— his own having removed to Canada. Correspondence, Addresses, Etc. 61 account that Captam O'Beal, with his people, will be here in a few days, on their way to Muskingum, and that Brant and the chiefs are expected to leave Niagara for Detroit or the Miami this day, by all which you will conclude it will be some time before the treaty can commence. As Nicholson is and will be useful here until the Indians begin to collect, I believe it best not to send him to you sooner than he will be useful there, and the expense will increase, of course, if he goes sooner. Governor St. Clair to Judges Parsons and Varnum Fort Harmar, July ISth, 1788. Gentlemen : — I have looked over the proposed law for establish ing the militia, and I have some objections to it in its present form, which I shall take the liberty to detail. In the title-page it ought not to be styled the " Militia Law of the United States." If these words, "United States," were expunged, the title would be well enough. The enacting clauses should not begin with the word, " That," after declaration, that the inhabitants are liable to military duty, and that they shall perform it. The formation should, in my opinion, follow, and the manner of their being armed and accoutered be postponed, and form the matter of another clause. The word, " effective," seems to me, also, too indefinite. It is a duty, I believe, should be extended to all male inhabitants, from the performance of which they are to be excused occasionally, only as circumstances may require. To introduce the matter of classes properly, which is an idea I approve of, as an attention to the feelings of men who have ren dered essential services in very honorable stations to their country ; it might run in this way, immmediately after the general declara tion above mentioned: "The male inhabitants, between the ages aforesaid, shall be divided into two classes, to be called the senior and junior classes of the militia;" then proceed to the formation of the companies, battalions, and regiments, as far as respects numbers. mutual statisfaction. I am happy at tho idea of meeting you personally, to bring about this long-wished-for business.^ I ara, sir, with respect, your most obedient and Very humble servant, Joseph Brant. Eichard Butler. (2) From this it would appear that not only were the Five Nations to attend the treaty, but Brant fully expected to he present himself. 62 The St. Clair Papers. Instead of saying that these divisions respectively shall be com manded by certain officers, I believe it would be better to say that there shall be appointed to each company, battalion, and regiment, certain oflBcers, and provision should be made for new appointments in case of death or dismission from service, and the causes of dis mission should be detailed. This will bring courts-martial into view, the nature of the offenses to be submitted to their cognizance, the punishments, and the mode of proceeding. Would it not he better that each battahon were supplied with a major instead of an aid being given to the colonel ? The majors are naturally his aids, as the adjutants are theirs and his also. It ap pears, also, to be unnecessary to declare that a brigade shall be com manded by a brigadier. I have no power to appoint such an oflB cer. A case may arise where it may be necessary to form a brigade of militia, where there may be no such officer as a brigadier in the territory ; neither do I see the necessity for appointing the numerous staff. Whenever they become necessary they will of course be ap pointed, without their being enumerated in the law, being clearly within the powers of the Governor. I do not exactly conceive what is meant bythe declaration "that the senior class shall act separately from the junior." If it is not intended that they should be detailed together, it is worthy of consideration whether that reg ulation would well apply to the present circumstances. Instead of leaving the times and places for disciplining and in specting the militia to be directed by the Governor, I believe it would be better that the times should be fixed by law, leaving the places to the colonel of each regiment, where a regiment is to be drawn together, and to the captains, where a company only, until such times as brigadiers may be appointed ; reserving to them the power, and making it their duty, to draw together the brigade at certain times only, and such as may not be burdensome; whenever the Governor may think review necessary, it is incidental to his office, I believe, to order it. Provision should be made for the immediate enrollment of all persons as they arrive : query, whether exemptions are not too gen eral? Some definite punishments should be afiixed for contraventions of this law, and the mode of ascertaining these contraventions dis tinctly pointed out ; also, in what cases absence from duty may be admitted, and the nature of the excuses ; and some provision made that persons conscientiously scrupulous against bearing arms may make compensation to the community for not rendering their personal Correspondence, Addresses, Etc. 63 services, by the payment of money. All moneys that may accrue from fines might be applied to forming a fund to provide a small magazine. I submit these observations with great deference, gentlemen. You will probably think some of them worthy of consideration. One thing, however, in the adopting our laws, we must ever attend to, that their operations can not be applied to a single district or settlement, but must extend over the whole Territory. Governor St. Clair to the Secretary of War. Fort Harmar, July 22d, 1788. Sir: — Since mine of the 16th, the party which was at the falls of the Muskingum, have returned to this place and brought the provisions with them. A party of Chippawas came into that sta tion a day or two after the affair there. Their behavior gave the officer reason to believe that they had ill intentions, and both he and Mr. Duncan (the person who furnished the provisions, and who was there for the delivery of it) were of opinion that they had been engaged in the outrage, and were positive as to one of them, whom they actually saw kill one of the soldiers ; he, therefiire, thought it proper to make them prisoners. They are now here, six in number, and in close confinement. Another circumstance which corroborated the opinion of their having been concerned, was one of the soldiers' cartridge-boxes hav ing been found in their possession. When questioned abtiut it they prevaricated. A woman of theirs pretended to have found it in the woods, and appealed to a Delaware, who she said was with her when she fouud it. The Delaware woman contradicted her ; she had, in deed, been with her in the woods, but not when she found the car tridge-box. There is no further intelligence from the Indian country. It will be yet six or eight days before my messenger will return, but I have some reason to expect the Pipe, with a number of Delawares, sooner. Should they bring any thing worthy of communication, I will write you immediately. 64 The St. Clair Papers. Brigadier-General Harmar to Secretary of War. [Extract.] FoRT Harmar, July 23d, 1788. The great treaty will be deferred for some time. At the request of the Governor, I ordered a subaltern, sergeant, corporal and twenty privates as an escort for the provisions, and to build a coun cil-room for the savages, at the falls of the Muskingum. Regardless of all faith and honor, a party of the Ottawas and Chippeways at tacked this party on the morning of the 12th instant, and killed two ; one is missing, and two wounded, one very badly. The loss of the Indians was two killed on the spot, one wounded and six taken prisoners, who are now in confinement, and under heavy irons at this garrison. I sincerely hope that the new government will soon begin to operate, in order that we may be enabled to sweep these perfidious villains off the face of the earth. In consequence of this treacherous proceeding, the Governor and myself were both of opinion that the party and provisions should be removed to this post ; accordingly the officer returned on the morn ing of the 20th. The Governor has sent a spirited message to the different nations who are assembled and counciling at the Tawa or Omi River, de manding satisfaction for the gross insult offered to the United States. An answer to this message may be expected in the course of ten or twelve days.' General St. Clair to Judges Parsons and Varnum. Fort Harmar, July 29th, 1788. Gentlemen : — I have attentively perused the law ' relating to estates held in common, which you have been pleased to present me, but I have not been able to discover any benefit that would result to ^ MS. Files of Congress. The Indians were active and murderous. As Captain Spear was ascending the Ohio with the goods to he used at the treat}' at Muskingum, his boats were fired upon, and two men were wounded, one of them fatally. 2 The law proposed by tbe Judges, upon which the above comments were made, was as follows: When application shall be made to a Judge or Justice of the Peace within the Territory, by the owners of one-tenth partof any common estate within the same, to call a meeting of the proprietors of such common estate, it shall be the duty of such Judge or Justice of the Peace to issue his warrant to some suitable person by him appointed to notify a meeting of the pro-" Correspondence, Addresses, Etc. 65 society from the adoption of it. It appears, indeed, to me, on the contrary, to be unfit for the Territory in its present circumstances ; to be, in some measure, at variant-, with the spirit of the Ordinance of Congress ; to want that power of general application which all gen eral laws should possess, and that by designing men it might be per verted to sanction sinister purposes. It appears unfit for the Territory in its present circumstances ; be cause no newspaper pervades it, or could pervade it within the time proposed for continuing the advertisement ; yet persons who are to be affected by it may live at each extremity of the Territory, or of the United States. Were the advertisements to be inserted, for example, in the Ken tucky or Pittsburgh Gazettes, it is not very probable that persons re siding in Georgia or New Hampshire would see them in due time ; yet persons raaterially interested may reside in either or both these States. Were the advertisements, on the other hand, to be inserted in the papers of these States, which might be very proper in one view, it is not probable that the information would be extended through this Territory. The general words, " transact all matters as shall concern their common estate," are of too indefinite a signification, and may be liable to very arbitrary construction, and it is to be remembered that laws are not always to be decided upon by the same men, who at the time of enacting them generally have annexed to the words they use an appropriate sense. It is true the business to be transacted at proprietors' meetings is required to be specified ; but there is no express restriction that they should meddle with nothing else. I imagine the proprietors met would thiuk themselves justified, under the general words, , to act upon any thing else that had respect to the common property. Proceedings Avhich are to be clothed with the force of legal obli gation upon all the proprietors, which I conceive to be the design of prietors of such common and undivided estate at such time and place as he shall appoint therein, specifying the matters to bo transacted at such meet ing; and an advertisement continued three weeks successively in the news papers most convenient to give information to the proprietors, notifying the time and place of meeting, and the business to be transacted, shall be suf ficient service of such warrant, and the proprietors met at a time and place notifled as aforesaid, shall have right, by vote of the major part of the pro prietors present or shares represented, to transact such matters as shall con cern their comraon estate, provided that the proprietors of such coramon estate may, at a meeting notified as is before provided, agree in any other mode of calling and notifying their meetings. 5 66 The St. Clair Papers. the law, shonld not be left so very loose ; besides, it might so happen that a majority of the proprietors met might be a single person. If the business requires the solemnity of a judge or justice's war rant, it must be to ground some further legal proceedings upou ; these should be specified, and not left to deduction or implication. The proviso would give an undue advantage to resident proprietors over those who are not resident, for it is most probable that the first meeting would be composed of those who are residents only, and it is proposed to give them power to appoint future meetings in any other mode they may agree upon, and as the proceedings are to have all the legal force of those held in the manner prescribed by law, a very improper use might be made of them to burden the propor tions bf non-residents and ease their own. In this view, the law is at variance with the spirit of the compact with the original States declared in the Ordinance. If any benefit would accrue to the owners of the estates in common by this law, it ought to extend to all ; but it will not reach any where such estate is not held by more than ten persons ; an estate, however, may be held in common by any number of persons above one. Where a law creates a benefit, or removes an inconvenience, it should extend, or be capable of being extended to every case of the same nature ; where it neither creates a benefit nor removes an inconvenience, or in a partial manner only, it is either nugatory or mischievous. If the Ohio Company has been in con templation, the law, I think, would not reach their case, and ifit did, it would be an improper legislative interference. By their articles of association, the proprietors seem to have put the management of their affairs entirely out of their own hands so long as the property is held in common ; they have appointed agents to manage them for them, have provided for the continuation of those agents, and have given them power to appoint another set of officers under the name of directors. The agents are responsible to the individuals that they shall receive ajust dividend of the common property, and have, I suppose, given bonds accordingly, and the directors to them for the performance of certain specified duties. These are fundamental stipulations, and can not be departed from, in my judgment, but by common consent. Were the mode of transacting their business to be altered by law, it must, I conceive, go to annulling the obliga tions of those bonds. If one individual only were opposed to it, the interference of the Legislature would be improper ; if every indi vidual were content to make an alteration, it would be unnecessary. Was the company even incorporated, which, it seems, was designed, all their proceedings must be guided by, and be in conformity to. Correspondence, Addresses, Etc. 67 the original articles, to have any validity. Upon the apphcation of the whole of the proprietors, a law specially regulating their prop erty, in order to rescue it from the caprice of individuals, might, with propriety, be made ; but whether the present Legislature of the Territory would be competent, may well admit of doubt. They have power to adopt laws only. I am extremely sorry to differ in sentiments from you, gentlemen, upon any point ; but in those where your professional knowledge and experience give you so decided a superiority over me, I can not but doubt exceedingly my own judgment. I have, however, weighed the operation of this law as carefully as I could, and the result has been that I can not give my assent to it. Governor St. Clair to Judges Parsons and Varnum. Fort Harmar, Jidy SOth, 1788. Gentlemen: — The establishment of probate offices in the Territory is a matter that requires the most deliberate consideration, as the whole property of the people is eventually involved in their being duly executed. The powers and duties of the officers should be de fined with the greatest precision, and, in my opinion, their jurisdic tion laid under some limitations and restrictions, which the law you have been pleased to frame does not contain, whilst, in one instance, if I have rightly understood it, it is confined too much — I mean — in limiting the jurisdiction to the counties respectively. When you reflect, gentlemen, that the power of appointment is wholly in the Governor, the necessity of defining the powers and duties of the officers will appear in a .striking light, for it is not im possible, from a variety of causes, that it may not always fall upon the persons who are best qualified to discharge them, and that, from existing circumstances, few of the officers will be possessed of legal knowledge. I think it will, therefore, be necessary that the judges should give bond for the due execution of the office and the delivery of the records undefaced to their successors ; that in some office or other these bonds should be entered of record — perhaps, in the pro thonotary or clerk of the common pleas for the counties, should it be thought proper to establish such a judiciary; that they should provide seals, the devices to be the same as such county, but distin guished by the label or inscription ; that in deciding upon caveats against, or objections to the proving of wills, they should call to their assistance two justices of common pleas, as also in taking 68 The St. Clair Papers. final accounts and making distributions; that an appeal be given from their sentence to the judges; that they take • bonds from ad ministrators according to a certain form ; that persons to whom ad ministration may be granted and the order of them be pointed out ; that there should be some regulations respecting nuncupative wills ; that letters of administration without bond be void, and the judges granting them liable to damages ; that it should be declared that wills made and duly proved, where letters of administration, ^ith the will annexed, shall be granted and certified in any of the United States, shall be sufficient to pass estates without new proof there ; that letters of administration granted in one county shall be valid in all others where the intestate had property. I am of opinion that these, and, no doubt, others which will occur to you, are proper for the regulation of the office, and necessary for the ease and safety of the people, and that for several reasons, which will present themselves to you, they should be detailed in the law establishing the office. But you will pardon me, gentlemen, for mentioning one more. I suspect we are overpassing the line of our duty in forming new laws in any case ; and when w'c do, the ne cessity of the case only can be our justification. The Ordinance of Congress empowers us to adojit and publish such laws of the original States, criminal and civil, as may be necessary and best suited to the circumstances of the district. In departing from that rule, we certainly expose ourselves to censure from Congress, and besides, there may be some doubt of the validity of such laws as we adopt and publish under any other ; and it may not be unworthy your consideration whether, upon such an exception being taken before you in your judicial capacity, you would not be obliged to decide against the law, and declare it a nullity. I agree to the militia law fully, under the impression of these sentiments, because the necessity of self-defense must supersede other considerations. In the Code of Pennsylvania, under the titles Register of Wills, Intestates' Estates, and Orphans' Courts, there are many excellent regulations ; by striking out such parts as do not apply to the cir cumstances of the district, and adopting the rest, I believe we might publish a very excellent law upon the case before us that would be within our powers. One thing more in the law I have been considering. It appears a little incongruous that the "writs to be issued by the judge of probate for carrying his sentence into execution should be returned into the Court of Quarter-Sessions. Correspondence, Addresses, Etc. 69 The Court of Probate is a court of record, and the proper depository of every thing relative to the proceedings in it. I have taken the liberty to send you the Pennsylvania volume that you may examine the laws referred to above, if you should think proper, at your leisure. You will find them in the folios 30 to 33, and 70 to 73. Judges Parsons and Varnum to Governor St. Clair. Marietta, 31st July, 1788. Sir : — We have received the letter which your Excellency did us the honor to write to us of yesterday's date. The many important observations it contains have received from us all the attention of which, under the present circumstances, we are capable. Three questions of serious magnitude seem to be presented for consideration : Whether in the adoption and publication of laws, we were literally confined to the laws of the old States ? Whether in the forming or transcribing of laws we should con nect, with general subjects, all the particulars that may have rela tion to those general subjects ? And, how far the particulars suggested respecting a probate law should have influence ? The Ordinance of Congress empowers us to adopt such laws of the original States, criminal and civil, as may be necessary, and best suited to the circumstances of the district. Admitting a strict and literal construction should be given to this clause, the pur poses of the Ordinance in general would be defeated. In the settlement of a new colony, and, indeed, we may add, of a new world, a variety of prospects and objects arise, to which old coun tries must be strangers. Perhaps in their infancy their laws might have been suited to our situation, making allowance, however, for the progress of civil society ; but the original States have re vised their laws, and conformed their present codes to their present situation. Hence, it will be found that it would be out of our power to make the absolutely necessary regulations for protecting the per sons and securing the property of the natives, and for preventing those unwarrantable intercourses, which might perpetuate their jeal ousies instead of conciliating their affections. There are ties, con nections and subordinations in the nature of a colonial government, which did not exist in sovereign States. Laws must be applied to these, or the very existence cf the government may be endangered. We are sensible these observations rather tend to evince what the 70 The St. Clair Papers. powers should have been than what they are. But we conclude they could not have escaped the notice of so wise a body of men as the framers of the Ordinance. K the clause in question admits of dif ferent constructions, we ought to adopt that which will best promote the purposes of the settlement. It was made pro bono publico, and therefore ought to be liberally expounded. We think it wiU admit of two constructions. One, that we can adopt entire laws of any of the old States literatim et verbatim, mutatis et mutandis for their State only. The other that we may admit such parts of any par ticular law as will be necessary, etc. If so, why will it not admit of another construction, that we may adopt a law, consisting of different parts of laws of any two or more States upon the same subject ? And if this be granted, surely the diction ought to be rendered uniform. The intention, sir, of the legislature in framing a statute or ordinance will greatly assist us in the legal construction. The intention of Congress was undoubtedly to give every possible kind of encouragement to the growth and prosperity of the colony here, that it might rise iuto a State or States, and take an equal station in the general confederacy. To this end there must be laws, and laws conformable to the Constitution of the United States, and consistent with republican principles. These precautions were nec essary during the temporary government, to prevent the adoption of laws that might support the principles of a monarchy, and, in the end, cause a separation between the old and new countries. We presume, therefore, with great deference to your Excellency's opinion, that the following is the legal construction of the Ordi nance : To adopt such laws as may be necessary and best suited to the circumstances of the district ; provided, however, that such laws be not repugnant, but as conformable as may be to those of the original States, or of some one or more of them. This construction, it is true, admits the exercise ofa legal discretion. But the exercise is checked by the tenures of our commissions, the necessity that the governor and two of the judges, or that all the judges, must agree, and the final negative of Congress. If this construction be not ad mitted, we feel ourselves involved in difiiculties that may prove in surmountable. For a time, we must, confine our legal operations to the principles of the Constitution, and the common law only. For to extract from the laws of some of the States, and not to have the power of extracting from the laws of all of them, would confine us to narrow bounds. Nor, in our apprehension, upon the literal con struction, would necessity justify, or even excuse us iu publishing a law not conformable, in all its parts, to some law of an original Correspondence, Addresses, Etc. 71 State. Necessity may, in law contemplation, excuse an act which otherwise would be unlawful. But such act, so to be excused, must result from individual exertion upon a pressing and inevitable oc casion, or from the intervention of the executive branch of govern ment under similar circumstances. Then the maxim might apply, " Necessitas non habet ligem.'' But, admitting the position, that necessity may justify the adop tion of a law not within the literal construction of the Ordinance, then it goes to all cases ; for the adopters and publishers can have the only legal power of judging of the necessity, and as their judg ment may extend to all cases, they might enter into the principles of despotism. Were we to be confined for any length of time to the principles of common law, we are fearful of very precarious consequences. The common law, as adopted in the States, while colonies, entered essentially into the principles of monarchical gov ernment, and therefore can not, with propriety, be applied here. But upon the present view of the subject, the common law must be applied, or the actions of men be left to the direction of natural licentiousness. There are many cases of evident utility to which the common law doth not extend. The cases of last wills and tes taments ; intestacies in cases of personal property, and all the con sequent distributions of estates. Neither do we conceive that the matter can be varied by Congress, by a new ordinance, or by a declaratory act. As to the first, the Constitution must be considered in the light of a compact between the United States and all the settlers. Without the express consent, therefore, of both parties, it can not be altered, and, as to the second, a declaratory act can not vary the legal construction of a pre-existing law. Nor, indeed, can we perceive how it can be applied at all in the case of charters or national compacts. When your Excellency shall have made up your mind upon this part of the subject, we will enter into a discussion upon the second question ; and as that may be decided, animadversions "may, or may not become proper upon the third. We are fully impressed with the delicacy of your Excellency's situation, and are pot unmindful of our own. We should be un happy indeed to subject ourselves, in matters of such importance, to the censure of the sovereign power, but as our opinion in this in stance results from legal information, so far as we possess it, we feel ourselves, as law judges, above the reach of reprehension. Our gratification will be great indeed, if by conference, or otherwise, we 72 The St. Clair Papers. can, with your Excellency, surmount the present embarrassment. Our duty, as well as our warmest personal attachments, prompts us to concur, in every practicable legal measure, to promote the public good, and render to your Excellency entire satisfaction. Governor St. Clair to Judges Parsons and Varnum. Fort Harmar, August 1, 1788. Gentlemen: — I have received the letter of yesterday's date which you did me the honor to write. If your honors will inform me of the precise meaning you affix to the word " la^v," as expressed in the clause of the Ordinance of Congress, referred to in your letter, I shall be better able to explain my sentiments upon the diflerent matters you have opened, which I shall do with the utmost freedom, but not to each other, which is a kind of correspondence that could not be agreeable to either.' Governor St. Clair to Judges Parsons and Varnum. Fort Harmar, August 7, 1788. Gentlemen: — I was in hopes that my being informed of the pre cise meaning you had affixed to the word laws, as used in the Ordi nance of Congress, which empowers the Governor and judges to adopt and publish such of those of the original States as may be necessary and suited to the circumstances of the district, and, as it is used in your letter of the 31st of July, would have thrown some light upon that letter and shortened the answer I should be obliged to make to it. I must have been very unfortunate in the manner in which I expressed my wish to know what that meaning was ; for the word in the Ordinance is clearly distinguished from the codes or bodies of laws of the original States, indefinitely as they refer, in their general nature and spirit, to the vast variety of subjects about which they are conversant. I can not find how this explanation applies. I will not, however, trouble you any further about it, but proceed to reply to the letter. I observe you say it is one of the questions arising out of mine 'The reply of the judges, dated August 2d, was: " The ideas, sir, that we have adopted are that by law is meant the legal codes or systems of the original States, in their general nature and spirit, in definitely as they refer to the vast variety of subjects about which they are conversant." Correspondence, Addresses, Etc. 73 of the 30th, whether, in forming and transcribing laws, we should connect with general subjects all the particulars that may have re lation to these general subjects. Another is, how far the particulars suggested respecting the probate law may have influence with you, . gentlemen, I know not ; they have very great with me. In forming laws on general subjects, it may be diflBcult to con nect all the particulars that may have relation to those general sub jects. So far, however, as it is possible to recollect all the particu lars, it should be done ; and these particulars be inserted in and. become parts ofthe same law; and after all the attention legislators can pay to the particulars, it will almost always be found, when the laws are put in operation, that many things have been omitted, and consequently must be supplied, and frequently from their taking a different direction from what was expected and designed, explained. Forming and transcribing laws I take to be two very difierent things. In transcribing laws (which expression, to give it meaning here, must be referred to the laws of some of the original States that may be thought proper to be adopted), I presume we must take them as we find them, so far as they apply to our circumstances. There is another circumstance besides which influences me not a little. It was hinted at only, and distantly; it may now be proper to mention it expressly. When I have bound myself by law to the execution of an office, unless the powers and duties of that office are detailed iu the law, a difference of opinion respecting those duties and powers may arise, and I run the risk of being obliged to be guided entirely by the rules of common law, should it be an office known to the common law ; or if it is not known to the common law, by rules that I may think impose either too much or too little restraint. To this risk I am not willing, nor is it proper, to expose myself, be cause I should thereby lose the control which I think the Ordinance has given me in all cases. Here, again, I am afraid I have the mis fortune to differ in opinion with your honors ; for, from another part of your letter, it seems to be your opinion that, where three of the judges agree in adopting and publishing a law, it will acquire the requisite validity without the consent of the Governor. The passage in the Ordinance is in these words : " The Governor and judges, or a majority of them, shall adopt and publish," etc. It is true the punctuation would favor the construction you seem inclined to .put upon it ; but I believe it is not the true sense, and that Congress intended the assent of the Governor should be neces sary to all laws adopted during the existence of the stage of the 74 The St. Clair Papers. temporary government, as well as to all laws formed by the General Assembly after it shall have been organized. I conceive, gentlemen. Congress thought there would be an imi^ropriety iu leaving the adoption of laws by which the people of the district were for a time to be governed solely to the persons who were to expound them ; much greater, however, would that impropriety be if the clause of the Ordinance goes not only to adoption, but to the forma tion of laws. The judges would in that case be complete legislators, which is the very definition of tyranny ; and though that arrange ment might iu your hands, gentlemen, produce no evils, no man can tell how long this stage of the government will last, or who may be your successors ; nor could it fail to produce much uneasiness in the minds of the people over whom so, possibly, oppressive an authority was established. Your honors, in another part of your letter, have supplied a pro viso to the Ordinance to elucidate the meaning of this clause in an other point of view. Permit me to suggest one in the present. The Governor and the judges, or a majority of them, provided the Gov ernor be one of that majority, shall, etc. With this proviso I believe we shall have the true construction, and also the legal ; for, if I mistake not, it is a legal rule of con struction to give every part of an instrument such an explanation that one uniform sense may result. The assent of the Governor to laws formed by the Assembly is made unequivocally necessary. The reasons are at least equally strong why it should be necessary to those adopted by the judges. But without the proviso, only change the place of a single comma, and the same effect is produced ; and it is not improbable that it may have been misplaced in transcribing the Ordinance. That "people in a new country have some different prospects and objects from those >vho inhabit an old one," is certainly true ; but how the change of objects can affect the regulations that are necessary for preventing crimes and protecting property, I own I can not conceive. As to the natives, they are generally under the protection of the law of nations ; but in the codes of more than one (of one I am certain) of the States, excellent laws may be found for " preventing unwarrantable intercourse," for " securing to them their property," and for " conciliating their affections." Though these laws, from a change of circumstances, may have gone into dis use, they have not, I believe, undergone a formal repeal, and, con sequently, lie open for our use should the liberal construction of the clause prevail. I acknowledge that I do not perfectly understand what is meant Correspondence, Addresses, Etc. 75 by the " Ties, connections and subordinations" that are said to exist in colonial governments, and to which laws must be applied. I do not take these " ties," etc. , whatever they are, to be at all the objects of laws ; " the existence of government might indeed be en dangered." No law which would have a tendency to weaken or destroy the ties, connections and subordinations of this district in the United States could, consistent with our duty, be either formed or adopted, and laws that might have an express and declared purpose to strengthen those ties would, in effect, weaken them, because they. rest upon a different fbundation, which every such law would tend to sap. It is unsafe ground, and ought not to be traveled upon. I presume not to say " what the powers ought to have been." As they are, and as I understand them, they seem calculated to answer all the purposes the " framers of the Ordinance" could have had in view — to provide for the safety and happiness of the people who might remove into this country, and to protect their property until they should be sufficiently numerous to legislate for themselves; and to preserve them in a due dependence upon the general government. I agree with you, gentlemen, that the clause in question, and every other clause in the Ordinance, should receive a liberal construction, wherever they are in the least doubtful ; and, as it in some measure partakes of the nature of a charter, is to be expounded favorably to the grantees ; but it is one thing to construe a grant liberally, and another to add to the grant by construction that was never in the contemplation of the grantor ; and this is precisely what I think would follow should your opinion on the clause be thought the best. That we may adopt entire "laws of any of the old States," if we think they suit our circumstances, there can be no doubt, for that is the genuine and liberal construction of the clause. That we may adopt " such parts of any particular law" as may be neces.sary, is within the spirit of it. That we may make a law (for here the word " adopt" will not serve us) consisting of the different parts of laws of different States, and change the diction, I believe we have no power to do. I can not discover the least difference between this and legislating originally, which, so far from permitting us to do, in my opinion, it was the design of Congress to prevent. I am certain, gentlemen, that Congress had the best and kindest intentions towards the Colony, and, for that very reason, directed us to laws the usefulness of which had been stamped by experience, and to prevent the introduction of laws that might not be " con- 76 The St. Clair Papers. formable to the Constitution of the United States, or inconsistent with republican principles ; " or that might support the principles of a monarchy, they would not suffer us to make new ones. I am sensible, gentlemen, that I run a risk of exposing myself to ridicule in opposing my opinions to yours in matters of " legal con struction." It is a subject your thoughts must have been much ex ercised upon, and have had much experience in the ajDjilication of the rules that, govern it ; but my plain reason , unenlightened by legal niceties and distinctions, tells me that, where I have no option given me to take one or both of two things, no construction that can be given to the words giving that option, will justify me in rejecting both, and insisting upon a third. Our using the word adopt would not mend the matter ; the existence of things adopted is supposed in the very term ; and, by no rule whatever, can the act of calling into existence be made convertible with adoption, which is only another word for choice, or election. I hope you will excuse me, gentlemen, if I can not comprehend what is meant by "our legal operations being confined to the principles of the Constitution and conimon law only." I asstire you my difficulties are not affected. The common law of England, when it has not been altered by stat ute previously to the late Revolution, or by laws of the Colonies before that period, or by laws of the States since, is, if I mistake not, the common law of the land. Where the common law was altered by statutes, and those statutes adopted in the Colonies, they become, so far, the law, and where these have not been abrogated by laws in the States, since the Eevolution, they continue to be the law ; for 1 believe the common and statute laws in England in use in the States at the Revolution, and those that were formed con formable to our new situation, to have been declared in the States still in force ; in some of them I am certain it was the case. If, then, amongst all the la-svs of all the States, and we have them all to choose from, which, methinks, is no "narrow bounds," we can find none to suit us, the consequence seems certain that the " legal operations" must be guided by the common law. Now, what I understand by legal operations are the decisions your honors will make in your judicial capacity upon matters of property, and the sentences that may be pronounced upon crimes committed, together with the mode of trial in both. But these have nothing to do with your character as legislators. As judges, you are clothed with a common-law jurisdiction, which is at once both descriptive and restrictive — ^restrictive as to my powers in equity. You arc also legislators in a limited degree. That char- Correspondence, Addresses, Etc. 77 acter results, not from thatof judge, but is separate and distinct, and might have existed in different persons, in nature as well as legal contemplation. If, by these limitations the legal operations are confined to too narrow bounds, I see no hope but in soliciting an alteration in the Ordinance. Our entering, therefore, "into the principles of despotism," seems not a very natural consequence. In my former letter I mentioned that I had assented to the militia law under the full impression that it was liable to objections, and exposed its authors to censure from Congress ; but that I thought the necessity of self-defense, which is amongst the first laws of na ture, and can not be abrogated by written laws, would justify it. I think so still ; nor, so far as it respects myself, shall I be satisfied with being merely excused. I shall not knowingly do any thing in my public character that stands in need of an excuse. Should I, at any time, pass beyond the line of duty as it is prescribed, if the deviation can not be justified, I hope it will be punished. No ex cuses should be admitted for men in public trust. I shall offer none. I agree that the Ordinance, so far as it relates to the descent of lands, to wills, and intestate estates, must be considered " as a com pact between the United States and all the settlers," and can not be altered by a declaratory act. But surely it does not follow that where there are doubts about the meaning of regulations, not stipu lations, that they may not be explained, and their true intent and meaning fixed, by a declaratory act. You are mistaken, gentlemen, if you suppose my situation to be more delicate than your own, or that, if it were, I should have any reluctance in complying with any thing that appeared to me to be useful to the people and consistent with my duty. As legislators, and that we are, in a certain degree, our situation is unquestionably delicate ; for, upon the manner in which we discharge that trust, depends the happiness of a great many people for a length of time, as well as our own reputations ; and our names will accordingly be mentioned with approbation or reproach, long after we are laid in the silent dust ; and, in that character, we are all equally liable to the reprehension of Congress for misconduct. It is a duty I owe to myself, as well as to the public, not to ex pose myself to the censure of those who have a right to judge of my conduct at present, or to that of posterity, and I will endeavor to fulfill it. If you meant, by the delicacy of my situation, to put me in mind that my office of Governor is held by a slighter tenure than yours 78 The St. Clair Papers. as judges, you have, I believe, a little mistaken my character. If I know myself, it is neither emolument nor any other circumstance connected with office that would induce me to hold any one mo ment longer than I could discharge it with honor, and to the satis faction of my own conscience. No person, however, under the appointment of Congress, will be exposed to the alternative of quitr ting his office or sacrificing his conscience or his honor. I am very sensible, gentlemen, that as law judges you will ever be above the reach of reprehension, because your conduct will ever be directed by the strictest integrity and unbiased judgment, which will force the approbation of mankind. Suffer me to hope that, while I follow you in that honorable walk, I may not be left entirely out of sight.' I received with much gratitude the expressions of personal attaclr ment you are pleased to make. I assure you they are mutual, and that nothing can be more desirable than to concur with you in every measure to promote the public good, nor shall I ever refuse to do so, but when a, perhaps, mistaken sense of duty intervenes to pre vent it.' 'The arguments were laid before the Hon. Charles Thompson, Secretary of the Continental Congress, for the consideration of that body, and St Clair's interpretation of the Ordinance, and explanation of the comma in the clause defining the duties of the Governor and judges as law makers was sustained. He was also sustained by Congress. ^^ Although the above correspondence shows some warmth in the discus sions of the questions, the personal relations between the Governor and the judges were of the most cordial nature. That they labored earnestly for laying the foundations of civil government, the ofEcial records for the year 1788 (the organization being begun July 15), amply show.^ (1) OrnciAL Record by Wintheop Saegent, Secretar-y. July 27, 1788, His Excellency was pleased to issue the following order : By His Exceixency, Arthur St. Clair, Esquire, Governor and Comraander-in-Chiof of the Territory of the United States north-west of the River Ohio: To all persons to -who-in these Presents sJmll come, Grcetinff: Whereas, by the Ordinance of C'cngross of tho 13th of July, 1787, for the govern ment of the Territory of the United States north-west of tho river Ohio, it is directed that, forthe due execution of process, civil and crirainal, tho Governor shall make proper divisions of the said Territory, and proceed from time to time, as circum stances may require, to lay out the parts of the same where the Indian title shall havebeen extinguished, into counties aud townships, subject to future alterations as therein specified. Now, Know Ye, That it appearing to me to he necessary for the purposes above mentioned, tliat a couuty should Immediately he laid out, I have ordained and or- dored, and hy those presents do ordain aud order, that all and singular the lands lying and heing within the following boundaries, viz : Beginning ou tlie hank of the Ohio Eiver where the westeru boundary line of Pennsylvania crosses it and running with tliat line to Lake Erie; thence along the southern shore of said lake Correspondence, Addresses, Etc. 79 Governor St. Clair to General Butler. Fort Harmar, August 1th, 1788. Sir: — I was favored with yours of the 3d, which reached me yes terday. I am very sorry that the Seneeas come by way of Pitts burgh, because they will be exposed to insult at least, if not injury, on their way from thence. It could not, however, have been owing to the changing the place of meeting that they have chosen that route, for they could not have heard of it before they set out from their homes, unless they received intimation of it frora that place. I purposely avoided giving them any notice of it, because, if they had come to the falls, it would have been very little more trouble to them to the mouth of Cuyahoga River: thence up said river to the portage between it and the Tuseawaras branch of Muskingum, thence down that branch to the forks of tlie crossing place above Fort Lawrence; thence with a line to be dr.iwn westerly to the portage on that branch of the Big Miami on wliicli tlie fort stood that was taken by the'French in 1752, until it meets the road from the lower Shawanese town to San dusky; tlienoe south to the Seloto River; thence witli that river to tlie moutli, and thence up tlie Ohio River to the place of beginning, shall be a county, and the same is liereby erected into a county, named and hereafter to be called the county of Washington. And the said county of Washington shall have and enjoy all and singular the jurisdiction, riglits, liberties, privileges and immunities whatsoever to a county belonging and appertaining, and wliich any other county that may here after he erected and laid out, shall or ought to enjoy conformably to the Ordinance of Congress before mentioned. In witness whereof, I have hereunto set my hand and caused the seal of the Ter ritory to be affixed, this twenty-sixtli day of July, in tlie thirteenth year of the In dependence of the United States, and in the year of our Lord 1788. , Aethuk St. Olaik. Friday, July 27, his Excellency was pleased to Issue commissions of Justice of tho Peace and Quorum to Rufus Putnam and Benjamin Tupper, Esquires. Win throp Sargent was commissioned Justice of the Peace throughout the Territory. July SOth. Commissioned Justices of the Peaoe— Return Jonathan Moigs, Thomas Lord and Isaac Peirce; for Justice of Peace and Quorum— Archibald Crary; Judges of the Court of Common Pleas and of "The Court of General Quarter Sessions of the Peace for the County of Washington " (a court of record)— Rufus Putnam, Ben jamin Tupper, Archibald Crary, Isaac Peirce, and Thomas Lord; Prothonotary of the Court of Common Pleas and Clerk of the Court of General Quarter Sessions of the Peace, with authority to keep the seal— Eeturn Jonathan Mei,;,'=. August tho 2d his Excellency was pleased to issne the following military orders; County of Washington— General Oedees, The following gentlemen are appointed officers in the militia, and are to be obeyed as suoh according to their several stations: In the Senior CTiss- Nathaniel Cushing, Esq., Captain; George Ingersoll, Gent., Lieutenant; James Bacchus, Gont., Ensign. I-n the Junior CTass— Nathaniel Goodale, Esq., Charles Knowles, Esq., Captains; Wanton Casey, Gent., Samuel Stebbins, Gent, Lieutenants; Joseph Lincoln, Gent., Arnold Colt, Gent., Ensigns; Samuel Stebbins, Gent., Adjutant, Tho Captains are to proceed to form their companies iramediately, agreeably to the militia law, by enrolling all and every male person, not exempted, within the county. The numbers to be enrolled in the Senior Class will depend upon the num ber of persons of that legal description now present. The Junior Class wiU include all others, not as before exempted, and they must be divided so as to make eaeh 80 The St. Clair Papers. to come to the mouth of the Muskingum, and that was the way I wished them to come. God knows how the people of the Yirginia side may behave, cer tain it is, however, they are not only indisposed toward the In dians, but to the treaty, and I doubt very much if Mr. Zane has it in his power to restrain them ; should he attemjit it, and does not succeed, it will be worse than if nothing had been said about it, and I fear at any rate will draw numbers of them to the river. General Harmar can spare no troops from this place, but he has sent orders to Captain Zeigler, who he expects will be at Fort Pitt this day to take the Indians under him, and escort them to this place. If they are not set off, and Captain Zeigler should not be arrived or in readiness, I wish you would detain them until he is and they need be in no hurry, for I do not yet know when the Indians from the lakes will be down, nor have I much reason to expect them for some weeks. company as nearly as may he of equal strength. As more inhabitants arrive, they arc to he added to tlio companies -respeotively, according to their descriptions, in equal proportions as nearly as may he, until eaeh company has reacliod its estab lishment, -,vhen other companies will he formed. September 1st. Ebenezer Sproat was commissioned Sherilf for one year. September 9th. William Corlis commissioned Clerk of the General Court of the Territory. October 2Sth. Rufus Putnam commissioned Judge of Probate. Tlie commission reads: " In our county of Washington, during our pleasure," etc. November 7th— Return J. Meigs commissioned Eecorder of Deeds and Clerk of the Orphans' Court. Laws Passed by Goveenoe St. Clair and the Judges. 1. A law for regulating and establishing militia. Published July 25, 1788. 2. A law for establishing general courts of quarter sessions of the peace (and therein of the powers of single justices), and for establishing county courts of com mon pleas (aud therein of the power of single judges to he.ir and determine upon small debts and contracts), and also a law for establishing the office of sheriff, and for the appointment of shcrifT. Pub. A.ug. 23. 3. A law establishing a court of probate. ,Pub. Ang. SO. 4. A law fixing tno terms of the general court. Pub. Aug. 30. 5. A law respecting the oath of offlce. Pub. Sept. 2. 6. A law respecting crimes and punishments. Pub. Sept. 6. 7. A law regulating marriages. Pub. Nov. 23. 8. A law in addition to a law entitled, " A law tor regulating and establishing the militia." Puh. Nov. 2?,. 9. A law appointing coroners. Puh. Dec. 21. 10. A law limiting the timo of commencing civil actions and instituting criminal prosecutions. Pub. Dee. 28. Correspondence, Addresses, Etc. 81 Governor St. Claik to the Secretary of War. Fort Harmar, August 17, 1788. /Sir;— After so long a silence as from the 22d of last month, and when events of great moment are ripening, I am sorry to have nothing of consequence to communicate. I then mentioned my expectations that the messenger I had sent with the remonstrance to the Indians would return in six days. He did return within a day or two of that time, and brought from the Delawares and Wyandots the inclosed speech, No. 1, which is nothing to the purpose, and to which I returned the answer. No. 2, to the Pipe, through whom their speech came. In a few days after, the Pipe and several Wyandots, amongst whom were a son of the late Half King and another young chief, came in here and delivered in council (for every thing is done with these people seriatim) the paper marked No. 3, to which I returned the answer. No. 4.' Next day, the Pipe addressed me on the subject of the Chippewas, who are in confinement here, endeavoring to exculpate them, and throw ing aU the blame upon those who had escaped for what had hap pened at the falls, to which I returned him an answer in writing. No. 5. In reply, he acknowledged that we had reason for suspect ing him, and did not nor could not blame us for confining thera ; still it was the Tawas that did the mischief, and they had escaped.. These were Chippewas, and had nothing to do with it, and requested they might be released. That was flatly refused him. After some time, he represented that the two men who had escaped would raake very false representations ; that they had actually done so, having reported that these four who were here were put to death before they ran away, which was the reason they did it ; that if one of thera, if I would not release the whole, could be given to him, he would carry him to the meeting at the Detroit, confront him with the others, and endeavor to remove any ill impressions their reports might have made. Under the appearance of much concern for and zeal to serve the interests ofthe United States, which, in his way, he mixed with the proposition, I thought I could discover some fears he had of the resentment of the nation tbese people belonged to against his own people ; for the Delawares were present when they ^ These inclosures are omitted, as they are not necessary to the story, which is told with sufBcient clearness in the letters. The Indians referred to were fencing for time, until the council on the Miami should conclude its work. VOL. n — 6 82 The St. Clair Papers. were laid hold of, and were dismissed by Mr. McDowell, the officer, in a very friendly manner. I declined giving him an answer at that time, but told him I would consider it. Two days after I sent for him and said that out of consideration for him, I agreed to his proposal, and, with some ceremony, delivered him a Chippewa man about fifty years of age by appearance. Hc engaged to take him to the Detroit and to bring him back here. It appeared to me that no ill consequence could flow from gratifying him; that some good ones possibly might, and that, at any rate, the man was of very lit tle consequence. ( I have been very anxious for an answer to the message sent to the nations at the Detroit on the 13th ultimo, but as it was the 24th before it left the Sandusky, and the Six Nations were not arrived ten days ago (at least their arrival had not been heard of at Sandusky at that time), and the other nations will probably do nothing with it without them, it may be some time yet before it will reach us, for I do not think they will decide upon their answer very hastily. There have been a great many Indians here lately, chiefly Wyan dots and Shawanese and two or three Seneeas, but, except the Pipe and two Wyandots, none of their principal men, most of whom they say are gone to their council at the Detroit. Yesterday, a white man by the name of Zane, who was taken prisoner when young, and has lived with the Wyandots for many years, came here with his whole family. He intends to quit, I be lieve, the savage life, and return to his friends in Virginia, who are respectable. One of his brothers lives upon the Ohio at Wheeling, and was a member of the late convention of that State. Whether this resolution proceeds from disgust, or from an apprehension of danger that he would rather shun, I have not yet been able to learn. He appears, however, to be a decent, sensible man, with much less of the savage manners than might have been expected after a resi dence amongst them of more than twenty years. He says that the reports are, for he mentions nothing as of his own knowledge, that the western nations are now all at peace, and that the Shaw-anese have also laid down the tomahawk ; that very great numbers of them are expected at the Detroit, which makes the Wyandots. un easy who live there and are comparatively a civilized people. The loss of all their horses, cattle, and dogs, they look upon as the cer tain consequence, as upon all these they feed indiscriminately. I sounded him about the sentiments of the Indians he has fallen in with in regard to the objects ofthe expected treaty. He says, when sober, they generally talk of peace, but even with him they are Correspondence, Addresses, Etc. 83 guarded ; but when intoxicated, it is the general talk that they will maintain the lands on the north-west side of the Ohio ; that the river should be the boundary between us ; that as they were corapelled to sign the treaty at the Miami, the comraissioners shall be compelled to sign what they please at this, and should they refuse, they will go to war immediately, and go to the treaty prepared for the alter native. I have letters from the messengers, Wilson and Rinkin, of the .19th, and from Rinkin of the 20th of July, copies of which I have inclosed. Every thing is yet in a state of great uncertainty, and will not clear up until the Six Nations get to the council at Detroit ; then I may have some reply from the assembled nations that will let some light in upon it. But, sir, if it should take an unfavorable turn, the consequences wUl be fatal to the frontier countries, and even the posts that are occupied by the United States on the Ohio would not be very safe : not that the Indians could make any impression upon them, but the water communication would be cut off, upon which the contractors depend so rauch, so that they never would have any stock before hand, but feed them from hand to mouth. Pardon this hint ; it is out of my way, to be sure, but it came across me, and I could not suppress it. In consequence of General Butler's letter of the 3d of August, I applied to General Harmar for some protection for the Seneeas that were expected. None could be afforded from this post, but as Cap tain Zeigler was every moment expected at Fort Pitt with a com pany, the general was obliging enough to send orders for his halting there for thera, and taking them under his protection until he ar rived here. At the same time, I sent directions to prevent their leaving Pittsburgh before Captain Zeigler's arrival. I do hope the people along the river will not be mad enough to molest them on their passage ; at the same time, I own I fear they will, if they are not restrained by seeing them under the escort of the Continental troops. General Butler's application will not have any good effect should Mr. Zane communicate it, which I think he will not. I believe it would have a contrary one to what he expected and desired. 84 The St. Clair Papers. William Knox to Governor St. Clair. War Office, August 18th, 1788. gi,^ ; — In the absence of the Secretary at War, I have the honor to acknowledge the receipt of your favors ofthe 13th and 16th ult., with their inclosures, which were immediately submitted to Con gress. The inclosed resolution of the 12th instant,' will acquaint you with the decisions of that body in consequence of your commu nications. I also inclose you a copy of the Secretary of War's letter of the 1st inst., with a resolve continuing the Superintendent of Indian Af fairs, Northern district, in office for two months from and after the 14th inst.' Governor St. Clair to the Governor of Virginia. Fort Harmar, September 1st, 1788. Sir : — An act of Congress of the 12th ult. , in which the Ex ecutives of Virginia and Pennsylvania are requested to hold certain parts of the railitia of their frontier counties in readiness to unite with the Federal troops in such operations as the Governor of the Western Territory raay judge necessary for the protection of the in habitants, and that, on the application of the said Governor, the said Executive would order thera to be embodied, came to my hands by the honorable Mr. Brown, last night. Whether the whole number of militia, or any part of it, may be necessary, as it is an event that depends entirely upon the proposed treaty with the Indians, it is irapossible for me at present to deter mine. I have been long waiting for their assembling at this place. The delay has been occasioned by the Six Nations, who did not ar rive at the mouth of Detroit River, where the other nations have been waiting for them aud without whora they will take no meas ures, until about a fortnight ago. My last accounts from that place are of the 14th of August. They had then got to the post at De- ^The resolution directed the Governors of Virginia and Pennsylvania to raise fifteen hundred militia, if called upon by Governor St. Clair to do so, to join any regular force employed against the Indians. ^This action was taken on motion of General Irvine, August 1st. In con sequence of it, General Butler notified Governor St. Clair, on the 28th Au gust, that he would join him in a f«w days, and bring with him the repre- •sentatives of the Five Nations. Correspondence, Addresses, Etc. 85 troit, and it was expected would not halt long at the mouth of the strait, and that great numbers would proceed to this place, but with what disposition is uncertain. Should these be unfriendly, and our attempts to conciliate thera and establish a solid peace prove abor tive, it is much to be feared that, collected as they will be in the neighborhood of the settlements, they will fall upon them suddenly. In that case, it would be impossible to make the application to the Executives so as that, in due time, the necessary orders for coun teracting them, and protecting the inhabitants, could be given. I would, therefore, request that your Excellency would be pleased to give the necessary orders to the lieutenants of the counties of Mo nongahela and Ohio, and of the other counties below, to have their proportions in readiness, and that, on my application to them, they should be marched to such places as may be pointed out. I do ex pect that, if the Indians come here, I shall be able to develop their designs, if they have hostile ones, before they are in readiness to put them into execution. If they refuse to come, no doubt about their designs will reraain, and other and raore general measures may be necessary ; at any rate, your Excellency may rest assured that no application will be made to the county lieutenants but in evident case of necessity. Governor St. Clair to the Secretary of War. Fort Haemar, County of Washington, Sept. 2d, 1788. Sir : — I have been honored with your letter of the 12th ult., to gether with the act of Congress of that day inclosed. In conse quence of that act, I have written to the Governor of Virginia and the President of Pennsylvania, requesting that they would give orders to the lieutenants of the frontier counties to have their pro portions of the militia required in readiness, and that, on my appli cation to the lieutenants, they -should cause them to be marched to such places as the officer comraanding the Federal troops should point out. Should the militia be at all necessary to protect the inhabitants, I apprehend the opportunity of using them for that purpose would be lost by the delay that will attend an application to be made to those Executives, at the distance they are from us, after the necessity appears ; for, if the Indians come to the treaty with hostile designs, they will endeavor to amuse us for some time, get whatever they can, and then make their stroke suddenly, and, as they may suppose, unexpectedly. But, notwithstanding what has happened, I do not think they are hostilely inclined, at least 86 The St. Clair Papers. not generally ; and I still hope that matters may be settled in an amicable manner. These, at least, were my hopes and expectations until Mr. Brown informed me of the invasicm and dispossession of the Cherokees by the people of Franklin. Should the Northern Indians get information of that affair, and there is little reason to suppose they will not, I do not see how they can beheve us to be in earnest when we declare the United States are disposed to be at peace with all the nations. They will think that either we mean to deceive them, to lull them into a state of security, that they may become the more easy prey, or they will despise us as having no control over our own people. To-raorrow, Providence (and they are mistaken who suppose they are deficient in prudeuce, or a knowledge of their own interests) will lead them to decline an accommodation which might be as fatal to thera as an actual and avowed war ; and it is the same thing to them, whether their misfortunes arose from the natural weakness or relaxation of our government, or. from a want of national faith, the consequences are to them the same ; nor will it be possible to make them comprehend it, or believe that we speak truth when we profess to disapprove of such transactions, or that we can possibly mean peace, in the very moment we are knock ing them in the head. Congress may well be surprised that their resolution of the 2d of July, respecting the treaty, should have appeared in the Pittsburgh paper of the 16th of August, if, as I suppose, it was put upon the secret journal.' I have been both surprised and mortified at it. I doubt not it will be at Detroit by the time the Indians leave it. But I am the more mortified at the manner at which it appears (im mediately following an extract from a note of mine to Major Ser geant, and without any reference to any other papers), it leads to a belief that it has been furnished by me. I hope I will not be sus pected of such folly. I have written to the printer to know whence he had it. However obtained, it was great imprudence to publish it. The government has been put in motion ; a county erected, by the name of Washington, courts established, and the officers necessary for the administration of justice appointed, and, so far, every thing goes well.' 'The resolution referred to instructed tho Governor to endeavor, in the treaty, to secure the consent of the Indians to extending the northern boun dary as far north as the completion of the forty-first degree of north lati tude. 2 For record of proceedings, see pp. 78, 79, 80. Correspondence, Addresses, Etc. 87 But the detention I have met with has prevented any attention being paid to the settlement on the Wabash and Mississippi, where I believe it is very much wanted. So soon as the treaty closes, I shall proceed to those countries ; but the season is so far advanced already, that it appears probable our residence for the winter must be taken up here. Brigadier-General Harmar to Secretary op War. Fort Harmar, September 4th, 1788. Sir: — Captain Zeigler arrived at this post on the 9th instant, with his company, total fifty-six, escorting the Cornplanter, Halftown, an Oneida chief, and several of the Six Nations, amounting in the whole to about fifty, including men, women and children, in order to attend the treaty. I have the mortification to inforra you that on the 27th of July last, a party of thirty-six men under the command of Lieutenant Peters, who were detached by Major Hamtramck to bring up pro visions, was attacked on the Wabash near its mouth, by the savages. Ten of the party were killed and eight wounded. Governor St. Clair to the Secretary of War. Fort Harmar, County of Washington, September Uth, 1788. Sir: — I had the honor to address you on the 2d instant, since Avhich, General Butler, with fifty-one (women and children included) ofthe Seneeas, arrived here on the 9th ; amongst these the principal persons are Cornplanter and the Halftown, thirty-six men in all. They say the Six Nations are desirous to be at peace with the United States. The next day after their arrival, an application was made by these chiefs, in conjunction with Guyasutha, for the releasement of the Chippeway prisoners, in^ the name of their own nation, the Cayugas, the Oneidas, and the Delawares ; of the Cayugas, how ever, there is only one here, and two Oneidas, and these last, though the application was made in the narae of their nation, would not come into the tent when it was delivered. It is altogether iraprobable that they could have had any directions on the subject. They were told that the whole affair had been represented to their general coun cil, that their request could not be complied with, and that we hoped 88 The St. Clair Papers. to have no more solicitation on that head. Many of the same kind had been made to me. Yesterday, two persons arrived from the messengers. Inclosed are copies of their letter, and of the speeches of the Wyandots, deliv ered to them, and by them. From these it appears that the Wyan dots are well disposed themselves. That was not with me a doubt ful circumstance, but I suspect they will not have much influence upon the Western tribes, who, notwithstanding what the Kickapoos say, I have not the least expectation to see. The other nations will be here, but it will yet be three weeks or a month before they ar rive. One of the men (Isaac Williams) who brought these dis patches is a son of a white woman ; lives at Sandusky ; a sensible young mau, and has received a tolerable education, and is attached to the United States. He says that Brant did not go with the Seneeas frora Niagara, but that he left thera there, and passed up the north side of Lake Erie, and as far as the country of the Mis- sassaques, and returned down the Huron and St. Clair to Detroit, visiting the different nations on his way. From the letter of the messengers it may be observed that a large body of Indians may be expected here ; that they are particular in mentioning their intention to be armed, and that they themselves have been delayed so long by the desire of the Wyandots that they might be present at their councils, they are not to be admitted to thera, but are sent to a distance and ordered to wait the result. On these I make no corament. It is also somewhat extraordinary that the British should take this opportunity again to make presents to the Indians, after having so recently made thera the raost consider able that ever were given at one tirae. It is also imcomraon, if I am rightly informed, for the Six Nations at least, to take so many of their young men with them to councils. Their members arrived at Detroit are stated to me at two hundred and seventy-five, and an other embarkation from Niagara expected. From all these circum stances, which certainly wear not a very favorable aspect, it may perhaps be expected by Congress that some measures sbould betaken by General Harmar and me in consequence of the Resolution of Congress of the 12th of August, for the protection of the inhabitants, at all events. I do not, however, see that we can possibly do more than merely to have the militia in readiness to act upon an emer gency; and that if the Executives of Virginia and Pennsylvania comply with my request, raentioned in ray last to have been made to them, they will be. But, sir, it is very little protection they will be able to afford. Defensive measures against an enemy who always Correspondence, Addresses, Etc. 89 act in small detachments, along so extended and weak a frontier, at the same time that they are so expensive (in the end often raore so) than offensive operations, will always prove abortive, and the mihtia of Pennsylvania and Virginia are too distant from each other to be joined— that part at least of the frontier of Virginia from which a thousand men could be drawn. Offensive measures sh(nild then be resorted to, but these the state of public affairs forbids if they can possibly be avoided, and nothing in my power to obviate the neces sity of them will be neglected. But a war with the Western tribes, at least, seems inevitable, both from the circumstance that there is no reason to expect thera at the treaty, and from the intelligence General Harmar received two days ago, which as he transmits it by this opportunity, I forbear to trouble you with. A war with them will probably involve some others, and it will soon become general. In that case, permit me to give you my ideas of the most effectual manner of bringing them to their senses. From the Falls ofthe Ohio to Ouiatanon is little more than one hundred and fifty miles ; frora the Little Miami to the Omie (Omi) or Miamitown is not more than two hundred, if my information is right; from Beaver Creek to Cuyahoga is ninety, and from Post Vincennes to the Terre Haute, where the Piankeshaws reside, and to the settlements of the Kickapoos is about the same distance. Could a stroke be made at all those places, nearly about the same time (and it might be so calculated as to happen at all of thera on the same day), the Indians would most likely so divide themselves as to make success at each highly probable, for you may be assured that their general confederacy, if it exists at all, has not that efficiency which would enable the heads of it to direct its force to a point in the security of which many of the members would not feel themselves much interested, when each had to fear for themselves separately. It is difficult enough among nations who have a regular policy and strong governments, where the ideas of union and submis sion are famihar. With savages it is impossible. Neither would these operations demand a very great number of raen or very con siderable expense. Between thj-ee and four thousand railitia added to the troops in the service of the United States, might be suf ficient, and surely these might be furnished by the frontier parts of Virginia and Pennsylvania, and in such a manner as to be con venient to their respective destinations. The French settlements, too, could easily, if I am well informed, give three or four hundred men. 90 The St. Clair Papers. The whole operation might, I conceive, if undertaken at a proper season, be finished in thirty or forty days from the tirae they took up their march, though the calculation should be for a longer period. I am sensible, sir, these observations require an apology, both be cause I have stepped out of ray line, and that they have not been so raaturely considered as the importance of the object demands ; they are meant only as hints of what might be done which you would not be displeased with, and as such I request you to consider them. The address of the messengers to the Wyandots and Delawares, though, perhaps, well enough in substance, is, in ray opinion, highly improper in form; neither did I know they were so instructed, and General Butler assures me they were not. I should certainly have objected against an application iu the name of the United States to any nation on earth, much more to a few savages, " for them to use their interest and influence for the restoration of prisoners," taken in peace, too, and in violation of treaties. It may have arisen from a desire to do good with much ignorance of the proper raeans, and, if it would rest with those nations, there would be no great harm, but if it is communicated to the British agent, which it probably wiU be, the United States may be exposed by it. There is intelligence, which, I believe, raay be depended upon, that the Indians at the mouth of the Wabash having been discov ered, a party from Kentucky went to attack them ; that, missing them there, they crossed and marched to the Salines (or Salt River, I believe, of Mr. Hutchins), went up that river to its head branches, and crossed from thence to the upper part of the Riviere de I'Em- barras, where they fell in with and had an action with the Indians, some of whom w'ere killed. They returned by Post Vincennes and Clarke's Trace to the Falls, and brou.ght on with them six scalps, seven rifles, and twenty horses. But whether these were the Indians that made the stroke at the mouth of the Wabash, or not, does not appear.' 'In a private letter to General Knox, whioh accompanied the above letter. Governor St. Clair said it would be more economical, if the public interests permitted, to strike a blow at the Indians, but if a force should be sent, care would need to be taken to have the command ofthe different companies under regular ofBcers of experience. Brigadier-General Harmar could have gen eral charge, and he would be willing to trust Major Doughty with one thou sand men, and he believed IMajors Hamtramck and "Wyllys were also capa ble of such service. He added ; " I pray God it may in no manner be necessary, for it is of very great Correspondence, Addresses, Etc. 91 P. S. — I suppose the following nurabers inight suffice for all the objects inentioned above : To march from Post Vincennes, 500 ; to march from the Falls, 1,000; to march 'from Limestone, a little above the Little Miami, 1,400 and 2 pieces; from Beaver Creek, 1,000 ; total, 3,900 and 2 pieces. Governor St. Clair to Samuel H. Parsons. County of Washington, Ter. of the U. S., N. W. & C, September 14, 1788. Sir: — In your letter to me of yesterday, you say that, having been employed by the State of Connecticut to procure a survey of lands which I understand to be within the limits of the jurisdiction of the Territory, after having commenced the survey you had dis continued it, from an apprehension the state of Indian affairs ren dered a pursuit of that object improper at this time. I am very well pleased, sir, that the surveys have been discon tinued, for, at this time, when it is certain that the minds of the Indians on the subject of lands are not very easy, and when great numbers of them are hourly expected at this place, in order, if pos- consequence that the new government should get into motion with as few ex ternal embarrassments as possible; they will have their hands full enough of internal business. I am happy, however, that it has so far succeeded, and all America are very much indebted to the unwearied perseverance of the patriots of New York, among whom our friend Hamilton made, I find, a most conspicuous figure. Will you take the trouble, sir, to present him my compliments? You will be pleased to hear that the settlement goes on very well, and, if they can have peace a little while, promises to answer the ex pectations ofthe adventurers, and to afi-brd an asylum to many very worthy men, who have sacrificed themselves to the public. I see, as yet, nothing, however, in which I can serve the interests of my friends and myself. I shall, therefore, set it going as well as I can, and give place to some other, for the sa'ary will be found, I am sure, to be no compensation, and I have, heretofore, paid so very little attention to money, and my family, as they "¦row up grow also so expensive, that it is a matter I must turn my attention to— at a time of life when I am very unfit for it, and with habits that are very unfavorable to it.'' 1 At the Omi Town, there was a fort constructed for the savages by the British. The plan of campaign thus outlined by St. Clair was a good one, and ifit had been adopted bythe government in 1790 or 1791, instead ofthe formal expeditions from a single point which permitted the Indians to con centrate, the result would, in all probability, have been very dift'erent. 92 The St. Clair Papers. sible, amicably to adjust every object of controversy, the pursuing them might be attended with very ill public consequences. I do not certainly know, sir, whether I am right in another opin ion ; neither have I time now to examine it, but it strikes me that the consent of Congress ought to be obtained, and Connecticut should have obtained that consent before any appropriation of lands is made within the Territory of the United States by any State. Certainly, the executive of the Territory should have notice. Brigadier-General Harmar to Major Hamtramck. Fort Harmar, October 13, 1788. Dear Major : — You will act promptly in seizing and confining the Gross Tete, or any other villians who were accessory to the raurder committed at Sullivan's Station. I observe by your letter of the 12th of August, the severe stroke which the party under Lieutenant Peters has received. The intelligence has been transmitted to the War Office. The new government, I hope, will soon operate, and expect, in the course of the next year, we shall not tamely suffer the subjects ofthe United States to be raurdered by these perfidious savages. The savages are, in ray opinion, hatching a great deal of mischief. I have detached a captain's command, with Captain Hutchins, the geographer, for his protection to the raouth of the Scioto, in order to survey the exterior lines of Messrs. Cutler and Sargent's purchase, which weakens this garrison considerably, at the present raoraent more especially. Let your fort be named Fort Knox. Governor St. Clair to General Knox. Fort Harmar, October 26, 1788. Sir: — A capital opportunity to Pittsburgh presenting itself, I could not let it pass without writing, although I have nothing to communicate more than when I wrote last, which was on the 7th instant. I then informed you of the Indians having been sent out for intelligence ; two of them returned on the 17th, but brought no satisfactory accounts, having stopped at a little Seneca village called the Wasp's Town, between the two Sanduskys. Their inforraation, as I took it from the mouth of the interpreter, is as follows: That they were seven days going to the upper Sandusky ; the men there Correspondence, Addresses, Etc. 93 were all gone away, most of them gone to the Miarai ; went on to the Wasp's Town, where a few of the raen were at horae ; were in formed there that the nations were still in council at the Miami, and their numbers immense ; that Brant had spoken so differently from what had been expected was the reason they had been detained there so loug ; that the chief at the Wasp's Town told them it was a great day's journey for a horse and the road very bad to the Miami, and as they must be tired with their journey, they should halt where they were, and he would send one of his people to bring them the news ; they halted two days to rest themselves, and then set out on their-return, leaving the third man to bring the news, and we might certainly expect him in four days ; that there were various ill reports amongst the Indians that we intended, when they carae here, to kill them all, either by putting poison in the spirits we gave thera or communicating the small-pox with the blankets; that an Indian, the son of Abraham Khun, who understood English very well, had heard two great men talking together at Pittsburgh about it, and that it was agreed upon ; that old Khun had told his people of it, and forbidden them on that account to come here ; that the western nations were much dissatisfied with Brant ; had put him down, and would probably kill him. On being asked what they meant by Brant talking differently from what had been expected, they said he had been exciting all the nations to a war with the Americans, and they were dissatisfied with him for that reason. They also brought a string of wampum, and delivered a short message from the people at Wasp's Town, which was, in substance, to request that we would still have patience, and we should hear from them soon, and expressive of sorae fear of a visit from us at their towns, as it was interpreted, but the interpreter is a most stupid, ignorant fellow. The words were: "Be strong and have patience ; you seem as if you were ready to come and speak to us here, but be strong and sit still, for in a few days you shall hear from us." In a former letter, I observed that it was impossible the Indians in very great numbers could subsist about the Miarai for any length of tirae, and, therefore, considered that they raust have dis persed. It would seem, however, if there is any thing in the above in telligence, that they are still at that place. Certain it is, that in the country about the Miarai game is very scarce, and if they are really there, then subsistence must be derived from Detroit, but it is not probable tbat the British would, or indeed could, supply so great a number of people from that post, on a business such as that of the 94 The St. Clair Papers. Indians ostensibly is, and at a season when fresh supplies can not be thrown in frora Canada. Their nurabers, then, must be inconsider able, or they are dispersed. The silence of the messengers, for there has not a word come since that I last transmitted of the 28th and 30th of August, is an extraordinary circumstance ; nor have we any thing from the two last white men, who left here on the 20th of September. On the 10th, I dispatched the Indian who palls him self George Washington. I have much depeiidence on him, and he proposed to return about this tirae ; return, I have no doubt he will, unless they kill him, and it was his own declaration that they should not otherwise prevent hira. It is to be observed that the reports about Brant brought by the Indian messengers are not rauch to be depended on ; they were the Cornstalk's people, and sent out by hira, and between these two there is a mortal and open rivalship and enmity. If the western nations are dissatisfied with him, it would seem full as probable that it has arisen from his recoramending peace to them, because, from the very raoment of signing the treaty of the Miami to this day, they have been doing mischief. The last that we heard of was the kilhng of one Filson,' a surveyor, who was laying out Judge Symmes's town, about three weeks ago. The thing is certain, though we have not the particulars. You will please, likewise, to observe that the advice of the chief at the Wasp's Town to the Indians to halt there, when translated into English, was a prohibition to proceed, and so understood by them; for, notwithstanding the distance, which is about forty-four miles, and the badness of the roads, it has been often gone on foot by an Indian in one day. The delay that has taken place has been most mortifying to me in many ways, but in none more than by preventing so long ray visiting the settleraents on the Mississippi and the Wabash, where I know my presence is very necessary to put things in order and quiet the rainds of the people. The late resolution of Congress respecting their lands and the donations, must, undoubtedly, have that effect, and I shall lose as little time as possi ble over carrying it into execution. I jDropose to stay here about a week longer ; if no accounts arrive within that time, we may cer tainly give the matter up and expect hostilities. The season will then be too far advanced for their raeeting us, and for much in jury being done to the upper part of the Virginia frontier and that of Pennsylvania ; what raay happen lower down is more easily im- 1 John Filson. Correspondence, Addresses, Etc. 95 agined than prevented. I have yet no reply to ray application to the Executive of Virginia or Pennsylvania, though I heard that the latter had called the assembly, so that no defensve measures can be taken ; it is too late for offensive ones, which only can be effect ively defensive. I forgot to mention that Lieutenant Armstrong, on his way with a detachment to the Falls, was fired upon at the mouth of Scioto, and had one man wounded. Governor St. Clair to the Secretary of War. Fort Harmar, November 4th, 1788. Sir : — A day or two ago I wrote you a hasty letter, to inform you that the Indian messenger Washington had returned and brought letters from Wilson, which gave me reason to expect the Indians would soon be here. I did not think to have troubled you again before the return of Wilson, which I had reason to expect before now, but as Major Doughty is setting out for New York, and I had time to send copies of the letter of Wilson, and one from Brant ' to him, I could not let slip so good an opportunity. They are now in closed. Wilson's letter is marked No. 1, that from Brant to hira No. 2, and No. 3 is a copy of a letter from Isaac Williams (whora I have mentioned to you before), to General Butler. You will observe that Wilson says in the postscript, that there was a good deal more in the speech delivered by the Wyandots than he had written, but Washington had heard it from the Pipe, and could inform us. I can not learn any thing of consequence from him about it, further thau that there had been little unanimity amongst them ; that the Kickapoos and Piquas (a tribe ofthe Twight- wees) particularly would agree to nothing that was proposed, and would propose nothing themselves; that the Wyandots presented iThe letter of Brant, which is tho only one having interest to us, has not been found. At tbis time Brant was atthe MiamiEiver waiting on the West ern nations for the purpose of holding a council. Judging from other letters of liis of that period, we may guess his letter to St. Clair professed a de sire for peace, but mentioned difficulties in the way through the opposition ofthe Western Indians. In a letter to P. Langan he said: "I have still my doubt whether we will all join or not, some being no ways inclined for peace able methods. The Hurons, Chippewas, Ottowas, Pottawatamies, and Dela wares, will join with us in trying lenient steps and having a boundary line fixed; and, rather than enter headlong into a destructive war will give up a small part of their country." 96 The St. Clair Papers. them with a large string of wampum, taking hold of one end of it and desiring thera to hold fast by the other, which they refused to do ; that they then laid it on the shoulder of their principal chief, recommending to them to be at peace with the Americans, and to do as the Six Nations and the others did, but, without making any an swer, he turned himself on one side and let it fall to the ground ; that they, the Wyandots, got up and told them they had been a long time there talking to them and advising thera for their good, they would now leave thera to talk by themselves, and immediately left the council-house. I \i'\\\ not trouble you with my conjectures about this business, and any thing I cau say would be nothing more. In a few days we shall have better information, perhaps, when I shall have the honor to make the communication. As to the action of the British, however, I can not help supposing that it must have arisen frora the expecta tion that the United States would certainly go to war with them, the effects of which ought to recoil upon themselves. Washington raentions this circumstance further in that speech, viz: that ifthey would not iramediately go and meet the American commissioners at the Muskingum, they should not receive from them (the British) so much as a breech-clout. The truth of all this I hope I may be able to discover if there is a difference among them, and improve it to the best advantage of the United States. Governor St. Clair to Judge Varnum.' County of Washington, November 4th, 1788. Sir: — I am informed that the law respecting marriages which was agreed to by you. Judge Parsons and myself, and was sent to me for my subscription, and which I did subscribe, and granted a warrant for affixing the seal of the Territory to (not doubting but before the publication it would receive the subscriptions of Judge Parsons and yourself), has, by some mistake, been published without your sign manual, and that you now refuse to subscribe it. This, sir, is a lit tle embarrassing. When you consider of it, I can not think that you will persevere in withholding that public testimony of its having been your act, as well as that of Judge Parsons and me, as it was certainly agreed upon by all. You are sensible, sir, that agreement ought to appear, as without it the authenticity and the validity of ^Original letter in possession of Robert Clarke, Esq. Correspondence, Addresses, Etc. 97 the law may be called in question ; I persuade myself, therefore, that on consideration you will yet subscribe the law, which will per fect it. But it must not rest in its present state. I, therefore, re quest you to inforra me in direct terms, whether you will subscribe it or not, that such steps may be taken in the matter as may be thought necessary. Governor St. Clair to Charles Thomson, Secretary op Congress.Fort Harmar, November Qth, 1788. Sir: — Your favor of the 1st of September, together with the in closures, has been in my hands since the beginning of the last month. That I have not acknowledged the receipt of it earlier, bas been owing to the expectation I was in, from day to day, that I would soon be able to mark the time when I could proceed to execute the orders of Congress in the country below, which were conveyed with it. From my letters to the Secretary of War, you will have seen how those expectations have been disappointed. By the instructions of the 29th of August, I am directed to pro ceed without delay, except while necessarily detained by the treaty now on hand, to the French settlement on the Mississippi. Had the treaty taken place at the time, it raight reasonably have been ex pected, I should, before now, have been in the execution of those in structions ; but the season is now so far advanced, and it is still so uncertain when the Indians may arrive here, that it is very doubt ful whether I shall be able to go down the river before spring. The last intelligence I have from the Indian country is of the 22d ult. They were said to be on their way here, and I have looked in vain for the arrival of Wilson, a messenger of ours, as their precursor, for over a week. Their motions must, however, necessarily be slow, as they have not a morsel of provisions, and must consequently hunt their way ; they were reduced to great extremity before thpy broke up at the Miami. It appears probable that the business to be done with them here would not take up much tirae, a.s it is pretty certain there has not been much cordiality amongst them, but as the Six Nations will, iu all likelihood, winter in this part ofthe country, they will draw the negotiation into as great a length as possible, to have the better pretext for being supplied. VOL. II— 7 98 The St. Clair Papers. In the proposed treaty with the Indians who claira the lands on the Mississippi, if there are any such, I observe it is expected they may be satisfied with an annual supply of corn or other provisions for a limited time. How such a proposition may be relished by them I can not .say, but ifthey are- of similar dispositions to those we are better acquainted with, it will not be relished at all. Goods to a cer tain value, delivered to them in that way, perhaps might, and if the expense be the same, I see no difference ; but the wish of Congress upon this subject may possibly be obtained before any thing can be done respecting it. Governor St. Clair to Ebenezer Zane. Fort Harmar, November 13, 1788. Sir: — We have now a prospect of a treaty with the Indians, com mencing in a short time, and hope it may come to a favorable issue. There is, however, no certainty of that : and, if it should take an other turn, the country would be very much exposed. It is a long tirae since Congress called upon Virginia for a thousand militia to be in readiness in case of the worst, and I wrote to the Governor on the subject, but have had no answer, which embarrasses rae. You would oblige me very much by informing me whether, if things should take a wrong turn, any number of men could be suddenly got to march from your county with their own horses and provisions and arms, and how many ? I hope and believe it may not be necessary, but when things look the best we should provide for a change. Your answer, as soon as possible, wiU oblige me. Who is the Lieutenant of your county ? Governor St. Clair to Major Wyllys. Fort Harmar, November 28, 1788. Sir: — I have received information from Detroit that some over tures have been made by the people of Kentucky to Lord Dorches ter, to be taken under the protection of the British Government, and that Colonel Conolly is lately gone frora thence to Louisville -on that business, but under pretense of obtaining certificates respect ing property he had in that country, which was coufiscated during the war. It may be in your power to watch that gentleman, and, perhaps, to discover whether there be any thing in the report. Should you think there .are any grounds for it, I suppose it would Correspondence, Addresses, Etc. 99 not be difficult to get him over to the fort, when about to quit the country, and examine, very strictly, his luggage and papers. If he has papers that would make any discovery, they will be concealed with a good deal of art. When he was apprehended during the war, his instructions from Lord Dunmore were concealed in the stocks of his mail pillion, which were hollowed for the purpose. Should there be any truth in the matter, and that overtures have ac tually been made, some address and perfect secrecy will be necessary, as there is no knowing who may be the persons engaged in it, for which reason I have not coraraunicated the intelligence to any other person but you. It would spread like wildfire if any person in that country knew of it, and the raeans of detecting it be gone. It is a delicate affair, but I am sure you will manage it in such a raanner as to reach the truth ; at the same time that the respect due to the rank of the man (if honestly employed) will be broken in upon as little as possible. Governor St. Clair to the Secretary of War. Fort Harmar, December 3, 1788. Sir: — I had the honor to address you on the 12th ultimo, and transmitted the messages and information I had received to that time, with my answers to the messages, and I promised to send forward the messenger's report by the next opportunity. That re port I have not yet received, as I thought it best, the Indians having desired it, to send Wilson back with my answer. On the 27th, Wilson returned, and brought the inclosed speech. No. 1, from the Six Nations. That speech obliged me to reply to the Six Nations particularly, of which No. 2 is a copy, and also to send a speech to the Nations, wherein I entered fully into the pretenses they have made to be discharged from the obligation of former treaties, showed thera the futility of them, and gave them a view of the consequences of peace and war to themselves ; but, as this is a lengthy affair, and I have been very ill with the gout, and still am so, I could not get a copy ready for this conveyance ; it shall be forwarded by the next. On the 1st instant, Wilson was again dis patched with those messages, and, two days after, the Cornplanter sent two of his people to see what was going forward. They re turned this day, and brought with them a Seneca, of those who were with Brant, who delivered me a message from the Wyandots, and four of the Western Nations, but he could not particularize them. The purport of the message is to let me know that they are 100 The St. Clair Papers. on their way, and are got about fifteen miles this side the falls ; that they are determined to come to the council at this place, and desir ing that we may yet have a little patience ; that their hearts are good as they believe those of the Americans to be. These Indians say that Brant, on the receipt of the message, iramediately deter mined to go back with his people by way of Detroit, and had moved some miles before they set out; that from his new encampment he had sent for the chiefs of the Wyandots and Delawares to meet hira there ; but they had refused to go, telling hira they were on their way to the Muskingum, and he might corae to them there. This moment a messenger arrived from Wilson with the inclosed letter. No. 3 ; excuse me for troubling you with the original, for I am not able to copy it. It disagrees with the Indian intelligence, in the circumstance that the chiefs were going to meet Brant, but Wil son had not seen either the Wyandots or Delawares, and it must have been Brant's conclusion that they would meet him. The messenger says that the Pipe, the chief of the Delawares, and the Wyandot chiefs, whom he saw after parting with Brant, told him they would not go, but would be here in four days. The Shawanese, Delawares, and Miamis, said to be at hand, are the hostile tribes who live at the Miarai Village — Kikayuga is the name they gave to that town. General Henry Knox to Governor St. Clair. War Office, December 8, 1788. Silr: — . . . Having just returned from the eastward, and the post being to depart this day, I have not time to answer your several communications, but, by the next opportunity, I shall par ticularly reply to the several objects therein stated, which may re quire an answer. It raust be a subject of great chagrin to you to find that the Indians have postponed their meeting to so late a period, and that your hopes of a general treaty are so weak. Deeply impressed as you are with the evils attending an Indian war at this period, you will have made use of every honorable expedient to avoid so injurious an event, and, as it appears frora your communications to be the wish of the officers commanding the British posts that the Indians should treat with the United States, it may be hoped that the issue will yet be favorable. If you should not be able to assem ble the Northern tribes now, you raay be able to make a solid ar- Correspondence, Addresses, Etc. 101 rangement for assembling them and the Western Indians early the next year. At present there is no Congress ; whether one will assemble until the new Constitution shall take place, is uncertain. If, notwithstanding your utmost exertions, an Indian war, either partial or general, should be inevitable, the best possible arrange ments should be adopted for carrying it on with such vigor as speedily to terminate it, for a protracted Indian war would be de struction to the republic in its present circumstances. In case, therefore, of this event becoming certain, many reasons would con cur to render your presence necessary at the seat of government. Governor St. Clair to John Jay.' Fort Harmar, December ISth, 1788. Sir : — I have received information from Detroit, which I depend upon, that a certain Colonel Conolly, who came to that place from Quebec la'st winter, has not long ago set out for LouisvUle, at the Rapids of the Ohio. He is the Conolly that made himself pretty remarkable during the progress of the Revolution, and was appointed a lieutenant-colonel in one of the refugee corps. He is upon the half-pay list, and has lately obtained from Lord Dorchester an ad dition of two hundred pounds sterling per annum, and his expenses. The reason he assigned, at Detroit, for the journey to Louisville was, that he might obtain certificates of the value of his property in that country, which had been confiscated, in order to support the claim he had made upon the British governraent for compensation. My information is, that he is sent to tamper with the people of Kentucky, and induce them to throw themselves into the arms of Great Britain, and to assure them of protection and support in that measure ; if that can not be brought about, to stimulate them to hostilities against .the Spaniards, and, at (any) rate, to detach them from the United States. I have written to Major Wyllys, who commands at the Rapids, informing him of these circumstances, and requesting him to have an eye upon him, and, if he finds him either exciting a revolt or tampering the people to hostilities against Spain, to make him a prisoner and to send him to this post, with a 'Mr. Jay was Minister for Foreign AflTairs of the old Continental Con oress when St. Clair was President, and continued in that position until after the government was organized under the new Constitution. He was suc ceeded, in March, 1790, by Mr. Jeflierson. 102 The St. Clair Papers. transcript of the testimony against him, and the names of the per sons who will support it, that they may be forwarded together to you. I know of no other officer of the United States, sir, who could with propriety take cognizance of it, but if in that I am mis taken, you will please to inform me to whom he should be sent, in ease he should be apprehended. The offense, I have no doubt, is treasonable ; but, whether we have any laws to punish treason against the United States, I doubt very much ; even in that case, as the country is within the lands of Virginia, it will be treason against that State, and there he might be punished for it. Since he arrived at Louisville he gave out that he had discovered sorae flaw in the act of Asserably and means to attempt the recovery of his estate by a course of law, and, as that will detain him in the country, he has hired a house and taken up his residence. It is certain, sir, that, in the last Convention, a proposal was made that the district of Kentucky should set up for itself, not only as independent of Virgiuia, but of the United States also, and was re jected by a small majority only. It may possibly be that overtures have been made to Lord Dorchester ; but it can not be that my lord would make Conolly such an allowance, or, indeed, any allow ance, for looking after his property and to bring on a claim against his nation. Conolly has also been writing to raany people about Pittsburgh, and in that country, and has intimated an intention to visit that place this winter, and, I have heard, has opened himself pretty freely to General Morgan, of Winchester in Virginia. All those circumstances put together make it more than probable that he is agent of the British for some sinister purpose. If any other measures than those I have directed ought to be pursued, you will oblige rae by pointing thera out, and they shall be executed without delay. After the tedious expectation that has attended the proposed treaty with the Indians, there is now a prospect of its soon begin ning ; indeed, in a few days, as they are now within two short days' journey. It will not, however, be a very general meeting, as Brant, who is also a British pensioner at four hundred pounds sterling per annum, after coming withiu sixty miles of us, is gone back to De troit, and has taken with him the whole of the Mohawks and a part of some other tribes of the same nations, and it is to be feared will also prevail with the Shawanese and the Western people, who were within two days journey of him, on their ^vay here, to return with him likewise. I do not, however, consider that as any great mis fortune, because I believe the consequence will be the dissolution of Correspondence, Addresses, Etc. 108 the general confederacy which he and the British had taken so much pains to form, and hope to be able to keep the frontiers of New York, Pennsylvania, and the upper part of Virginia, in peace this winter. No treaty, I believe, will secure the lower frontier at pres ent. If that, and the possession and sale of the Western Territory, is an object with Congress, they must prepare to chastise the Western nations as early in the summer as possible. The depredation they commit upon the inhabitants is intolerable, and it is not confined now to the inhabitants. They have had the audacity to fall upon the parties escorting the provisions to the posts, and those posts ate so weak and so distant from each other, and sup plied with so much difficulty, that they will either fall into their hands or be abandoned for want of provisions if things remain upon the same footing. It is to be feared that the Indians, at the same time, will not want for assistance from the British, and it is pretty evident that people have no thought of surrendering the posts they hold within the ter ritory of the United States, for Lord Dorchester, who visited them himself this last summer, has ordered the town at Detroit to be picketed in, which is completed, and additional works to be con structed there, and a fort they call St. Clair, on the American side of the strait, between the lake of that narae and the Huron, which had been begun during the war and abandoned at the peace, to be corapleted. It was always my fear that our Westerp Territory, instead of prov ing a fund for paying our national debt, would be a source of mis chief and increasing expense, but the expense is not the worst part of it. It has given such a spring to the spirit of emigration, too high before, that though it is pregnant with the most serious conse quences to the Atlantic States, it can not now be held back, and the Spaniards are also trying to harm that spirit with great industry to their advantage, so that those States not only lose their people and sink the value of their soil for the present, but are laying the founda tion of the greatness of a new country. It is for a considerable time that the Spaniards have been offering a thousand acres of land gratis to every American who would re move into the West or Florida, to pay ten dollars for every hun dred-weight of tobacco he could raise and deliver at New Orleans, an exeraption from all taxes, and a proportionate price for provisions and other articles the produce of his farm, but they have lately gone a step farther. If I am well inforraed. Colonel Morgan, who was lately in treaty with the Board of Treasury for a tract of land 104 The St. Clair Papers. on the Mississippi, has obtained of Mr. Gardoqui a grant of a very large tract upon the Spanish side, opposite to the mouth of the Ohio, which he engages to settle with Araericans. They are to have the same privileges with those who reraove into Florida. He is now at Fort Pitt, and it is supposed will carry a good many people from that country. Upon Kentucky is, however, his chief dependence, for in that quarter are many thousands of people, who have been tempted by the accounts published of its amazing fer tility to quit their ancient settlements without having secured a foot of land there, and can not obtain lands but at a price that is beyond their reach. There is no doubt many of those will readily join him, for they have no country, and indeed that attachraent to the natah solum that has been so powerful and active a principle in other countries is very little felt in America. I have been casting about for some way to counteract Mr. Morgan, and I can not think of any so likely to succeed as for Congress to change the mode of disposing of the Western lands in large tracts, at least to change it for a part of them, and lay them open to be taken up by the people who settle upon them. The country upon the Mississippi, and between that and the Wabash, would accommo date the people of Kentucky who have no laods, and I believe it would tempt them to remove to it rather than the Spanish side, and it might be disposed of in the manner the proprietors of Pennsyl vania sold the lands they had purchased of the Indians. It was thus : The lauds were set at five pounds sterling per hundred acres ; no more than three hundred acres were allowed to be taken up by one man. He made a description, in writing, of the piece he wanted, bounding it either upon lands already granted, or some creek or river, or marked trees, that rendered it sufficiently certain, and carried it to the office of the Surveyor-General, where it was entered into a book kept for the purpose. The Surveyor-General issued an order for making the survey returnable within a certain time to his office, and the applicant took possession. The purchase- money ran upon interest frora the date of the order of survey, and was discharged when it was in the person's power, though to make them more industrious a time was fixed within which the patents should be taken out, but no advantage was taken of their overpass ing that time ; on the payment of principal and interest the patents issued. I believe there is not an instance, though it was a very ex tensive country, at least, the instances were few, where the patents had not been taken out, and all the land, good and bad, had been sold. Although this mode would not so suddenly extinguish any part Correspondence, Addresses, Etc. 105 of the debt as that now in use, yet an interest equal to the interest of the debt, so far as the lands went, would be accruing to the United States, and the principal would come in at last, and the people, who are of infinite yalue, that will otherwise be more than lost, will be secured. The present inhabitants of that country, when they see it gathering strength by the accession of new inhabitants will be more contented to remain in it. The Spaniards are also at work with them to induce them to abandon it, and have succeeded with many of them. Excuse me, sir, for troubling you with my ideas on the subject — they are crude ideas, but you will improve upon thera and perfect thera, if they de serve any attention. The subject is, in ray opiinion, an interesting one to the United States. The Spaniards have also been making seizures upon the east side of the Mississippi, within the territory of the United States. Gen eral Harmar, some time ago, transmitted to the War Office the com plaint of a Mr. Mcintosh, and I now inclose you the deposition ofa Monsieur de St. Marie, on a like case, and extract from a letter from Major Hamtramck, the commander at Post St. Vincennes, of the 13th of October, to General Harmar.' I ought, sir, to beg pardon for troubling you with so long a letter, but I can not put an end to it without requesting you to present my best respects to Mrs. Jay. p_ g_ — 15th. — I have mentioned extracts frora Major Hara- tramck's letter, but gave you but one. The pther, which respects some depredations and the murder of some friendly Indians, has been inclosed by General Harmar in his dispatches to the Secretary of War, and I have not time to get another raade out. The treaty with the Indians is opened, and, so far as we have yet gone, looks well.'' ^The following is the extract from Major Hamtramck's letter referred to: Post St. Vincennes, October loth, 1788. The commandant of St. Louis has wrote a letter to the French of this place, inviting them to come and settle on the Spanish side, and offers them lands for nothing. This letter was given to an Indian. I have got it from him before any of the people saw it. N. B.— I have information from Mr. DeValeniere, the priest at Kaskaskia, that like invitations have been given to the inhabitants there and at Cahokia. 2 MS. found among the Hamtramck Papers 106 The St. Clair Papers. Major Isaac B. Dunn' to Governor St. Clair. Louisville, Ky., December, 1788. Dear Sir ;— The following is a copy of a passport given by Lieu tenant-Colonel John Connolly to an inhabitant of Kentucky : To Alexander McKee, Esq. , Deputy Superintendent of Indian Affairs : The Bearer hereof is Charged with Business of a friendly nature. You will please therefore to recommend him to the Natives in Gen eral that no evil consequences may ensue frora the interruption of a good Design. Given under my hand and seal at Lexington, in the District of Kentucky, this third day of Deceraber, 1788. John Connolly. Alexaiuler McKey [McKee]. Governor St. Clair to General Knox. Fort Harmar, December 13, 1788. Sir: — Knowing the anxiety there raust be about the Indian busi ness, I let slip no opportunity to give you information. I have, however, nothing raore to communicate at present than that a large body of the Indians, consisting ofthe Five Nations, the Seneeas, the Wyandots, the Delawares, the Ottawas, the Chippe was, the Pottawatamies and the Sacs, arrived last night," and the ceremony of receiving them has been gone through. Brant, with the Mohawdvs, and a few from some other of the Five Nations, turned back imraediately on receiving my last message, of which I sent you a copy. He did every thing possible to prevent the rest from coming forward, but without effect. The Shawanese and Twightwees, with the Delawares, who lived with the Shawanese, were within two days' journey of Brant's camp when he turned, and it is probable he would meet with them and take them with hira. The Pipe was sent after thera to press thera not to listen to him, but his messengers .ire not yet returned, neither are the whole of those nations I mentioned above yet come in, but will be here in a few days, when the business will begin in form. Inclosed is a copy of No. 1 of the speech to all the nations, which I mentioned iu my ^ Major Dunn, who was Aid-de-Camp on General St. Clair's staff during the revolutionary war, had settled at Louisville and gone into mercantile business. He was a frequent and useful correspondent. Correspondence, Addresses, Etc. 107 last, and No. 2 is Brant's answer, in the name of those nations, which they disown.' Thanksgiving Proclamation. Forasmuch as it is incumbent on all men to acknowledge with gratitude their infinite obligations to Almighty God for benefits re ceived, and to implore his superintending care and Providence for future blessings, I have thought proper to set apart a day for that purpose, and do hereby ordain that Thursday, the 25th day of De cember, be observed as a day of solemn thanksgiving and praise, that the people may, with one voice and sincere hearts, express their grateful sensations, and consecrate themselves to the will and pleasure of their Divine Benefactor, and that together with their acknowl edgments, they may unite in humble supplications to Almighty God, that he would be graciously pleased to prosper this infant set tlement and the whole Territory in their husbandry, trade and man ufacturers, and by his own nurturing hand mature and bring to perfection all seminaries of learning, and the promotion and en largement of piety and true religion amongst all the nations of the earth. And I do prohibit all servile labor on that day. Given at Marietta this 17th day of December, A. d., 1788, and in the thirteenth year of the Independence of the United States. Arthur St. Clair, Governor and Commander-in-Chief. By His ExceUency's command : Winthrop Sargent, Secretary. General Knox to Governor St. Clair. War Office, January 5th, 1789. Sir : — ... In the particular situation in which you are placed, the capricious conduct of the Indians must give you great anxiety. I am persuaded every thing will be done on your part that can be with propriety to avoid a war, and if that event should be inev itable, that the evils of it may be justly charged to the Indians. We shall be impatient to learn the result of your present nego tiations, which in any case will be highly interesting. At present there is a greater prospect of a Congress of seven 'Not found among the St. Clair Papers. 108 The St. Clair Papers. States assembling by the 1st of February than existed at the time I wrote you last, but it is improbable that a Congress of nine States will be convened under the present confederation. Governor St. Clair to the Secretary of War. Fort Harmar, January 18, 1789. Sir : — I have the honor to acknowledge the receipt of your letter of the 20th of December, and the pleasure to inform you that on the llth inst. the business' with the Indians was finished. They have renewed their forraer engagements ; that is, the Six Nations, the Wyandots, Chippewas and Delawares, and the Pottawatamies and Sacs have been included (none of the other nations having at tended), and relinquished in, I believe, a proper form, for a valuable consideration, the lands formerly granted. They seem to be very 1 The following proclamation vvas issued by Governor St. Clair lo give public notice of the treaty. It is given, with all of Major Sargent's head lines and additions, to show how public papers were executed before ex perience adopted simpler, but less expressive, forms: A Proclamation by his Exckllency, Governor St. Clair, Commander- in-Chief, AND Commissioner Plenipotentiary for IIkmovino all Causes of Controversy Between the Indians in the Northern Department and the United States. To all persons to whom these presents shall come — Greeting: Whereas, A treaty' was concluded at Fort Harmar on the ninth day of January, in this present year, with the Six Nations — Wyandotte, Delaware, Chippewa, Ottawa, Pottawotamie and Sac nations of Indians and the United States — whereby peace and friendship have been renewed and confirmed be tween the United States and the before-mentioned Indian nations — All the citizens nnd subjects of the United States are hereby required to take notice of the same, and to abstain from every act of hostility, injury^ or injustice to the said nations, as they shall answer the contrary at their peril. Given under my hand and seal at Marietta, in the county of Washington and Territory of the United States, northwest of the River Ohio, the 24th day of January, a. d. 1789, and in the thirteenth year of the independence of the United States. Arthur St. Clair. By his Excellency's command. Winthrop Sargent, Secretary. God save the United States. 1 See Appendix, Correspondence, Addresses, Etc. 109 well satisfied, and if they are not sincere in their professions, they know very well how to put on the appearance of it. One good con sequence I certainly expect from the meeting, to-wit: that their confederacy is broken, and that Brant has lost his infiuence ; not withstanding, it is more than probable that he may be able to incite the Shawanese, and some of the others whom he prevented from coming forward, to mischief, and that the stroke will fall upon Ken tucky. This is the opinion of the most sensible among them, with whom I have conversed upon the subject. We are at present frozen up here, and communication by water consequently cut off; but General Butler, by whora I forward this, attempts the passage by land — a journey I am at present unable to undertake. So soon as the river opens, I shall leave this post and proceed, to New York; but if any thing should happen to retard me, the treaty, with the minutes of the proceedings, shall be for warded by the post. Account of the Indian Treaties from the Diary of Major Ebenezer Denny. 1788, December 13th. — About two hundred Indians arrive; con sist of Delawares, Wyandots, Seneeas, Tawas, Pottawatamies, Chip pewas and Sacs. No Shawanese. 14th. — Meeting in council-house to welcome each other, etc. 15th. — Met in council ; treaty opened. This evening. Captains Ferguson and Beatty set out, and Ensign McDowell arrived, who had been escorting Mr. Marten, surveying up the Scioto. 20th. — The weather is extremely cold ; the river driving with ice. The Governor and Indians have had frequent meetings in the council-house, but nothing conclusive yet. 29th. — A grand council was held. The old Wyandot chief, Shandotto, addressed the Governor in_ behalf of all the nations present. He began by telling their origin, and how the Thirteen Fires had gotten possession of their country ; how we had, in two instances, cheated them. The first, he said, was in a bargain made with them for just as much ground as an ox's hide would cover — merely to build one fire upon. The Americans cut the hide into strings, and claimed all the ground they could encompass therewith. The second case was a bargain for su^h an extent of country, in a certain direction, as a white man would travel to and back in one day. A surprising walker was found, who went as far and back again the same day as any of their swiftest men could do in 110 The St. Clair Papers. two. These, said he, were submitted to, as you were strangers in our country, and professed to be our friends; but you bave gone on frora one step to another, so that we don't know when you will stop. At a treaty concluded to the northward, before the late var, he said, they had given up all' the country south of the Ohio River. That boundary was a very plain one. It was such as could not be altered or raistaken ; there could be no dispute about it. Concluded by saying that all the nations present had deterrained to grant no more of the country, but were willing to abide by the treaty which established the Ohio River as the boundary line. He presented a large belt of wampum with a black stripe running through the mid dle of it, representing the Ohio River dividing, etc. The Governor replied, and told them that he could not possibly make the least deviation from the treaties which had been concluded at Fort Stanwix, at Fort McIntosh, and at the Miami Eiver; that at these treaties the several boundaries had been fixed, and were unalterable. Council adjourned. Several, days pass over, Indians pow-wowdng. The Ohio rising and driving with ice. 1789, January Gth, — All hands assemble again. The Governor made a speech to the Indians. Explained to them by a simile how they had forfeited their country. He supposed the Wyandots and some distant nation at war with each other. The Shawanese, living between, were desired by the Wyandots to lie still, which was agreed to ; but the Shawanese, being of a restless disposition and easily persuaded, took up the hatchet against their neighbors, the Wyandots ; notwithstanding, the Wyandots conquered their ene mies and obliged thera to sue for peace, and the Shawanese' lands were given as a price for the same. Now, whether had not the Wyandots a good claim to the lands? They all agreed it was but just. Then, said he, this is exactly your case. You took up the hatchet against the United States, and joined the English in the late war. The English, to obtain peace, ceded to the United States all the country south of the great lakes. He told them that they had been all sumraer endeavoring to meet, but it seemed to be to no purpose. The United States, he said, were much inclined to be at peace with all the Indians ; but if the Indians wanted w-ar, they should have war. He told them that if they would renew the articles which had been agreed to and signed at Mcintosh, and at the other treaties, he would add another article, and allow them the privilege of hunting anywhere in the United States' territory, and would deliver over to them a certain quantity of goods, such as might be agreed on. Adjourned. Correspondence, Addresses, Etc. Ill January 9th. — In council once more. The old Wyandot chief, Shandotto, who spoke for all the nations piresent, said he was sorry the Governor talked of war. It was not long since both had felt the effects of it. For their part, they wished for no more. He said they all had a great regard for the Thirteen Fires, and would do every tbing in their power to accoraraodate them for the sake of peace ; only hoped the line would be removed a little way. llth. — The articles were signed. 13th. — The goods were given out to the different nations of In dians. The death of General Varnum, one of the judges of the Territory, whd was buried this afternoon, is generally lamented. The officers of the fort attended his funeral. 28th.- — ^The Governor, Pennsylvania Commissioners, and sundry other gentlemen attending the grand treaty, left us for Fort Pitt. Governor St. Clair to the President. New York, May 2, 1789. Sir: — I have the honor to lay before you the treaties concluded, in pursuance of the instructions received frora Congress on the 26th of October, 1787, and 2d of July, 1788, with several of the Indian nations, in January last. That they were not presented at an earlier period was owing, in part, to my own indisposition ; to the severity of the winter, which rendered the communication by the Ohio, for a long time, impracticable ; and to the circumstance that the last Congress did not assemble after it was in ray power to have sent them forward. With the treaties, I beg leave to submit the minutes 9f the pro ceedings at the different meetings after the nations were assembled, and I have added to them, by way of appendix, all the letters and messages that passed between them and me prior to their assembling. These were coramunicated to the Secretary of War, from time to time, and though they will, no doubt, be submitted by him to your consideration, I thought it best, as they form a considerable part of the transaction, to connect thera in that way, that the whole might be seen together. By the instruction of July 2d, I was directed to endeavor at extending the northern boundary as far north as the completion of the forty-first degree of north latitude. Besides that, it would have been extremely difficult to have made the Indians coraprehend how that was to be ascertained. I found that any attempt to extend 112 The St. Clair Papers. the limits at that tirae would be very ill received, if not defeated en tirely, the settling a peace with them ; it was, therefore, not pro posed, and the boundaries remain as settled at the forraer treaties, except the rectifying an error about the portage at the Miami vil lage. The negotiation was both tedious and troublesome, and, for a long time, had an unpromising aspect, but it came, at last, to as favorable an issue as could have been expected ; and, I trust, will be attended with consequences friendly to the frontier parts of the United States. There are, however, several nations on the Wabash, and the rivers which empty themselves into it, that are ill disposed, and from whom there is reason to expect that a part of the frontier of Virginia and the settlement forming on the Miami, will meet annoyance ; indeed, that they have not been disturbed during the winter was not ex pected either by me or the chiefs ofthe nations who met me at Fort Harmar. The Wyandots appointed persons to go to thera and in forra thera of the result of the treaty, and insist upon their desist ing from further hostilities, which may have had some effect in pro ducing the late tranquillity. The claim of the Wyandot nation to the lands reserved to the Shawanese was strongly insisted upon by them, and to be made an article of the treaty — to that I would not consent ; but, to satisfy thera, and that it raight be kept in reraembrance, it is inserted at the bottom of it, by way of meraorandura. It seems this is a claim that has always been held up, and the reason it was so much insisted on at this time, they said, was, that they were sure that the Shawa nese, and Cherokees incorporated with them, would continue to give us trouble ; that it could not be expected to be borne with much longer ; that they would be driven out of the country, and then it would be claimed and held by the United States, by right of con quest ; they further added, that, if the Shawanese continued their depredations, they would, themselves, drive them off. They also proposed that a post should be taken by the United States, at the Miami village, as the surest means to overawe the nations on the Wabash. It is certainly well situated for that purpose, and would command the greatest part of the Indian trade. As it was very un certain whether Congress might approve of such a measure, as a post so far inland would with difficulty be supported, and were in no readiness to convey it into execution if it should be approved, I de sired them to consider well whether it could be done without a con test with the Indians who live there ; and whether, in that case there was not danger of they themselves being involved, through Correspondence, Addresses, Etc. 113 tho ungovernableness of their young men. They acknowledged that they thought there was danger of both, but promised to send some of their principal men to the Miamies, and prepare them for receiving a garrison peaceably, and are to give me notice in the spring. The reason why the treaties were made separately with the Six Nations and the Wyandots, and more westerly tribes, was a jeal ousy that subsisted between them, which I was not willing to lessen by appearing to consider them as one people — they do not so con sider themselves ; and I am persuaded their general confederacy is entirely broken ; indeed, it would not be very difficult, if circum stances required it, to set them at deadly variance. The great length of time that elapsed between the appointed period for the meeting and that at which the Indians assembled, during which, numbers of them were constantly going and coming, has increased the expense in the article of provisions considerably ; the utmost possible econoray, however, was used through the whole of the business, and, in transacting it, I flatter myself with meeting the approbation of Congress. Colonel R. K. Meade' to Governor St. Clair. Frederick, May 4, 1789. Dear Sir: — This will be handed to you by Colonel William Nel son, formerly of the Virginia line. He is accompanied by Mr. Holmes and my brother, David Meade, who has a letter from Colo nel Harrison to you. These gentlemen seem inclined to touch on your shore on their way down the river. I will not, then, from our former intimacy and long military acquaintance, hesitate to take the liberty of introducing them to your kind attention. Sensible of your good disposition, and frora a wish to render you any service, I can not think it proper to trouble you with a load of apologies on this occasion, but only assure you of my gratitude. It would afford me infinite satisfaction to visit the western country, but more especially your part of it, where I should have a knowledge of many charac ters busily employed in improving the works of our Maker and lay ing a foundation, I conceive, for the happiest and best government in the Union, being peopled chiefly by our hardy and industrious countrymen frora the east, who are true republicans, and whose 1 Colonel Meade, Aid-de-Camp to General Washington, during the Eevo lutionary War. 114 The St. Clair Papers. virtue aud zeal carried many of thera through the war, but, above all, I am told your constitution forbids slavery. This will give you advantages which you have full in your view of things, and, there fore, unnecessary for me to raention. The abolition of slavery, even in these Southern States, is the wish of every liberal miud,' and I am inclined to think that the raode of effecting it is the only obsta cle. Should I ever quit my present residence, the few I have will be freed by a reraove to your quarter, should Congress confirm our locations over the Ohio. I, however, will conclude with observing that the soil aud climate where I am are both too tempting to give up for a remoter, though more productive situation— add to this, I am rendered infirm by a severe unmerited gout. Be assured I sincerely wish you every happiness and benefit to be derived from your office, climate, and soil. P. S.— Recollecting you are a fellow sufferer from the gout, lest you may not be inforraed of the several cures, I inclose them. President Washington to the Governor of Virginia.^ New York, May IQth, 1789. Sir : — A letter of the 4th inst. frora Lieutenant-Governor Wood has been received, wdth its inclosures, containing the information of some murders committed by the Indians on the 23d Of last month at Dunkeld Creek, which runs into the Monongahela River. It is with concern that I learu this circumstance, as a treaty had lately been concluded by the Governor of the Westeru Territory with the Wyandot, Delaware, Ottawa, Chippewa, Pottawatamie and Sac Nations of Indians north-west of the Ohio. It is most probable that the recent murders have been committed by a party frora the remnants of the Shawanese tribe, who are joined by a few renegade Cherokees. The Governor of the Western Territory, who is here, will soon return to the frontiers, and he will, in conjunction with the com manding officer of the troops, take such raeasures with the said Shawanese and other refractory tribes as the occasion may require, and the public situation admit. It would be highly proper in future, in case of depredations south ^ This opinion of Colonel Meade as to the evil effects of slavery, confirms tho view expressed in Vol. 1. in tho discussion of the Ordinance, as to the prevailing sentiment among intelligent Virginia and Alaryland gentlemen. ^ Beverly Tucker. Correspondence, Addresses, Etc. 115 of the Ohio, that information be coramunicated as early as possible to the nearest post of the troops stationed on the Ohio, in order, if possible, that the banditti raay be intercepted. Governor St. Clair to the Secretary of War. New York, June 14, 1789. Sir: — I have been honored with your letter of the 12th, and in reply have to observe that, by the resolution of Congress of the 29th of August, 1788,' I was directed to repair to the Mississippi, in ^ The United States in Congress assembled August 1%th ; On the report of a committee, consisting of Mr. Williamson, Mr. Dane, Mr. Clark, Mr. Tucker, and Mr. Baldwin, to whom was referred the report of a former committee respecting the inhabitants of Fort Vincennes: Resolved, That measures be taken for confirming in their possessions and titles the French and Canadian inhabitants, and other settlers at Fort Vin cennes, who, on or before- the year 1783, had settled there, and had pro fessed themselves citizens of the United States, or any of them, and for laying off to them, at their own expense, the several tracts which they right fully claim, and which may have been allotted to them according to the laws and usages of the governments under which they have respectively settled. That four hundred acres of land be reserved and given to every head of a family of the above description settled at Fort St. Vincennes, That the Governor of the Western Territory cause to be laid out, at the public ex pense, in the form of a square, adjoining to the present improvements at Fort Vincennes, and in whatever direction the settlers shall prefer, a tract of land sufficient for completing the above donation, which tract shall after wards be divided by lot among the settlers who are entitled to any part of the same, in such manner as they shall agree. Charles Thomson, Secretary. On a report ofthe same committee, the following instructions to General St. Clair, Governor of the Western Territory, were agreed to: Sir ; — You are to proceed without delay, except while you are necessarily detained by the treaty now on hands, to the French settlement on the river Mississippi, in order to give dispatch to the several measures which are to be taken according to the acts of 20th of June last and the 28th instant, of which a copy is inclosed for your information. You are to inquire whether there be any Indians who claim the lands on the east side of the Mississippi Kiver, above the mouth of the Ohio, and if there be any such Indians, you are immediately to take measures for holding a treaty with them and ex tinguishing their claim, at least to so much of the territory as you find de scribed in the aforesaid acts, and to several acts of October 22d, 1787, relative to lands on the Mis-issippi. If you find it best and cheaper to extinguish the claim of those Indians by agreeing to furnish them annually with a 116 The St. Clair Papers. order to hold a treaty with the Indians, who inhabit the country upon that river, for the extinguishing their claims to lands within certain liraits, if any such claims existed, and to lay out certain do nations of land to the ancient inhabitants. From thence I was to proceed to Post St. Vincennes, upon the Wabash, and lay out like donations for the inhabitants there ; but the instructions contained no directions to make any purchase about the post, frora a presump tion, I suppose, that a cession had been raade there to the crown of France. With the reraainder of the goods frora forraer treaties, aud the warrants I have received frora the Board of Treasury, there is sufficient, I suppose, in my hands to defray the expenses of the treaty with the Mississippi Indians, exclusive of the provisions. What they may amount to I can not ascertain, as I am ignorant of the Indian nurabers. They are inconsiderable ; but an immediate pro vision for the payment of the provisions, either for that or any other treaty, is not necessary, the contractors being obliged to furnish all rations that may be required by the United States. certain allowance, in corn or other provisions, for a term not exceeding ten years, you will contract accordingly. When you have examined the titles and possessions of the settlers on the Mississippi, in which they are to ba confirmed, and given directions for laying out the reserve land, which the settlers may divide as they shall think best among themselves, by lot, you are to report the whole of your proceedings to Congress. After you shall have dispatched the several matters committed to vour care on the Mississippi, you will proceed to Vincennes, where you are to pur sue the measures directed to be taken by the act of this day, and report your proceedings accordingly. C. Thomson, Secretary. Memorandum by Governor St. Clair. In the act of Virginia for establishing a land office (page 10, Vol. 96, Laws) among otber exemptions from taxation, the lands north-west of the Ohio are mentioned (see Laws of 1779, page 112). It was enacted in the same year, that no person should be allowed pre-emption, or any benefit from settling on the north-west side of said river, and the Governor was desired by proclamation to remove the settlers and prevent others from goino- on, and to use armed force if necessary; this not to prevent the French and Canadians, or other families, actually settled, etc., etc. In 1783, Virginia ceded the lands north-west of Ohio to the United States stipulating that the French and Canadian inhabitants, and other settlers of Kaskaskia, St. Vincent's, and neighboring villages, who have professed themselves citizens of Virginia, shall have their titles and possessions con firmed to them, and be protected in the enjoyment of their rights and lib erties. Act, and also an amendment of the act for establishing a county of Il linois, is mentioned in the same volume, hut private. Correspondence, Addresses, Etc. II7 Should it be thought proper to treat with the Indians of the Wa bash and Miami, a further sum will be necessary, and I have in closed an estimate of what the expenses would probably amount to. It appears, indeed, of absolute necessity that the savages should be brought to peace, either by treaty or by force. It is irapossible for me to judge what sum would induce them to extend the northern boundary of the last cession to the Mississippi, neither is it very well known what nations are the proprietors of the country that would be obtained by that extension. Perhaps a provisional power to make such agreements, and limiting the sum, might not be improper, as the expense of another meeting for that purpose might be avoided if the proprietors attended at the treaty in contemplation. The stipulations could be made then, and the payment at an after period. Governor St. Clair to the Board op Treasury. (No Date), 1789. Gentlemen : — General Butler has shown me the accounts you were pleased to mention yesterday. There is a part of them that might be considered as expenses attending the treaty, and would conse quently fall under the appropriated money ; sorae part of it is cer tainly not, the disbursements having been made before the money was granted. It was my opinion that all the communications with the Indians ought to go through hira while he was Superintendent, and that, consequently, the expense attending them would be a charge against the public in the general account of the Indian Department. The treaties had no immediate relation to that Department, neither had the Superintendent, as such, any thing to do with the last. The moneys heretofore granted for treaties I did suppose to be distinct also. Should the Board, however, be of opinion that it is proper to bring them under that head, I beg leave to observe that twenty-six thousand dollars are applied to a special purpose, leaving eight thous and dollars only expenses, which amount has already beeu expended. Bartholomew Tardiveau to Governor St. Clair. fExtractl Danville, June 30, 1789. ^r:—l take the liberty to address your ExceUency in behahf of a people who look up to you as their natural protector and benevolent father. The honor I have of a personal acquaintance with your Ex- 118 The St. Clair Papers. cellency, inspires we with the confidence that to offer you an op portunity of relieving the distresses of your fellow creatures is to afford to your feeling-heart the highest gratification it raay be capa ble of enjoying. I need not, therefore, offer any apology for troub ling your Excellency on this occasion. Duriag my stay in New York, I took notice [i e. mentioned] to the President, and several other merabers of the late Congress, of a resolution' passed in the year 1787, concerning the Western Fed eral Territory, the object of which was to prohibit slavery in that country. I then foresaw the evil consequences to the Territory of this act, and the consternation it would produce among the inhabit ants of the Illinois country, and communicated my fears to the gen tlemen in Congress, demonstrating, at the same time, the illegality of an ex post facto law, the operation of which would deprive a consid erable nuraber of citizens of their property, acquired and enjoyed long before they were under the dorainion of the United States. I would have presented a memorial on the subject, but was told that it was needless, that it would be brought up in Congress, and that there would not be the least difficulty ; and as I had already troubled that body with a number of petitions, I refrained. Sensible of the justice of my statement, gentlemen remarked that the intention of the obnoxious resolution had been solely to prevent the future im portation of slaves into the Federal country ; that it was not meant to affect the rights of the ancient inhabitants ; and promised to have a clause inserted in it explanatory of its real meaning, sufficient to ease the apprehensions of the people, but it was not done. Enter taining the most respectful opinion of the justice of Congress, I did not hesitate to say to my constituents that they need not be uneasy about the matter, and whatever reason prevented the modification of the resolution, I was fully confident that a future Congress would give them justice. Unfortunately, my letter never reached the in habitants of Illinois, but the resolution itself did, and was trans lated and circulated by the industry of some designing characters with whom your Excellency will have sufficient opportunities of be ing acquainted hereafter. The wretched inhabitants of Illinois, who had seen theraselves for ten years neglected by that power, from which alone they could ex pect protection, now found that the very first act of attention paid ^The allusion, of course, is to the sixth article or compact ofthe Ordinance. It would seem from the time referred to that Mr. Tardiveau sought to have the modiflcation introduced into the act passed by the first Congress under the Constitution which confirmed the Ordinance. Correspondence, Addresses, Etc. 119 to them pronounced their utter ruin. It was not intended, I know ; but it was designedly represented to them, and with many aggra vating circurastances rumored that the very moment your Excel lency landed at the Illinois all their slaves would be set free. A panic seized upon their minds, and all the wealthiest among them, having but the wreck of once affluent fortunes, have gone to seek from the Spanish Government that security which they conceived was refused to them. The plot has 'succeeded to a rairacle. Ira position has reaped the fruits of her cunning, and obtained for a paltry consideration very valuable estates. Some, however, of the inhabitants have been wiser than the others, and suspecting the snare laid for them have crossed the Mississijipi with their negroes, but declined selling their property until they are better informed of the intentions of Congress towards them. Before the evil becomes more general — before a total desertion of the country — it is in your Ex cellency's power to apply a corrective for the threatening di.'^aster by obtaining from the Federal Government a resolution declaring the true intent and meaning of the original action.' . . . James Wilson to Arthur St. Clair. Pheladelphia, July 13th, 1789. Dear Sir : — If you can be brought into Council for the County of Westmoreland, or Alleghany, it is in the serious conteraplation of some here to have you placed in the chair ofthe President of Penn- ^ Governor St. Clair did not apply to Congress for any modification ofthe Ordinance, not only because he had supported the inhibition at the time, but because he knew the sentiment of the National Legislature was averse to altering the compact at that time. But he confirmed the interpretation put upon the compact; viz : that it was intended to prohibit the further importa tion of slaves into the North-western country, not to set free those held in bondage at the time of the adoption of the Ordinance — a, bondage author ized by French and English laws. Mr. Tardiveau concluded his comm.unication with an elaborate argument in favor of the repeal of the compact, in which his own selflsh interests were prominent. Hesaid: "This partial exclusion from a right which the other States have retained, seems to be in direct contradiction with the spirit of the new Federal Government, which is allowed to make nono but general regulations throughout the Union, ... If the act is not repealed, thc Western country will infallibly remain for a long time in a state of infancy. Another consideration of some weight should, in my opinion, have induced Congress to encourage the transportation of slaves intothe Western country, instead of discountenancing it. In the present benevolent plan of abolish- 120 The St. Clair Papers. sylvania. This appointment will probably be continued for three years, even though our Constitution should not be changed. If a change should happily take place, as I hope it will, the appointment may continue much longer. Let me beg of you to spare three days, and come immediately to this city, that matters^ may be considered and arranged, for there is not a moment to be lost. Write to me as soon as you shall receive this letter. Judge Parsons to Governor St. Clair. Marietta, AuguA 23, 1789. Sir : — We have long expected and most ardently wished your Excellency's return to your government ; but we are convinced your absence is necessary, and the welfare of the Territory requires your continuance near Congress. I have only to express my desire that your absence may not be long delayed, and that every thing neces sary for the welfare of the government may be accomplished before your return. I see in the journals of Congress a resolution' for the ing slaver3', two of the greatest difficulties that present themselves seem to be how to dispose of that great number of individuals, and how to reconcile that act of power with the regard shown the right of property. I consider it as a happy circumstance that the United States have an extensive terri tory situated at a great distance from them, and -which ma}' be opened as a drain for the many hundred thousand negroes with which they are at pres ent incumbered. This, by successive transportations without violating the right of^ property, and without endangering the safety, peace and manners of the whites by a promi?.cuous intermixture of so many blacks turned loose upon society, destitute of industry, and uncontrolled by the principles of raorality, or the habits of good society, an insensible and gentler annihila tion of servitude might be introduced in the United States." 1 Bill drawn up by Governor St. Clair, enacted into a law and approved August 7, 1789. See Appendix.- The Governor's visit to New York had two objects in view, viz: The procuring of legislation necessary for the Territory, the obtaining of money and troops for the exigencies of Indian warfare, and the assisting at the in auguration of General Washington as President, to which he liad been in vited. This heing, in fact, the beginning of Federal government in America, was an event of great interest. He also participated in the social events of the occasion. On the 19th of May, 1789, Mrs. Washington left Mt. Vernon to join her husband in New Y'"ork, he having been inaugurated President ofthe United States. She met with a gracious i-eception on the way_ and, on the 28th, ar rived in New York. On the day after her arrival, the President entertained a select circle at a family dinner. Among those present was Vice-President Correspondence, Addresses, Etc. 121 governraent of this country ; if it in any raanner changes the for mer system, I shall feel myself much obliged if your Excellency will favor me with the contents of the bill. On the 14th inst., a party ofour surveyors were attacked by the Indians about one hun dred and twenty railes down the Ohio frora this place ; six soldiers were killed dead, and one of the chainraen was wounded, and is John Adams, Governor George Cinton, Major-General Arthur St. Clair, the Count du Moustier (the French Minister), Don Diego Gardoqui (Spanish Minister), John Jay, Senators Langdon, Wingate, Izard, and Few, and Mr. Muhlenburg, Speaker of the House of llepresentatives. The dinner was plain, and Washington, standing at the head of the table, asked a blessing. Alter the dessert, a single glass of wine was offered to each of the guests. The President then arose and led the way to the drawing room, and the company departed without ceremony. We now return to the Territory. Before his departure for New Y'ork, the Governor made but few additional appointments, and no more laws were passed, one of the judges having died of consumption. [Judge Varnum had been in ill health for some time.] James Mitchell Varnum was a native of Rhode Island, liberally educated, and had been active in forming the Ohio Company. He arrived at Muskingum in June, and lived only seven months in the Territory. The official record of Mr. Sargent will show what was done.' (1.) 1789, .lanuary 24.— Charles Green was commissioned Coroner. Military ap pointments—George Ingersoll, Esq., Captain of Artillery; Joseph Prince, Gentleman, First-Lieutenant; William Baleh, Gentleman, Second-Lieutenant. Anselm Tupper, Gentleman, was appointed Lieutenant in the militia regiment, vice IngersoU pro moted. . „ . „ _ , , April 16.— Enoch Parsons was appointed Commis.sioner of Register of Deeds tor tlie county of Washington, and Clerk o( Court of Probate. Commissioned by the Secretary, May Uth. After lhe Governor's return to the Territory: December 16,— Joseph Gillman, Esq., appointed Judge ot the Court of Common Pleas, and Justice of the General Court, and also Justice of the Peace. December 18. — Judge Gillman was commissioned Judge of Probate, to serve as such during tbe absence ot General Putnam. December 26. — Following appointments made: Kirkwood, Justice of Peace for Washington county; Ebenezer Sproat, Lieutenant-Colonel of First Regiment; Rob ert Oliver, Major; Jonathan Morris, Esq., Captain, and John Gray, Gentleman, En sign. The resignation of Charles Knowles was accepted. December 28.— Governor St. Clair issued a proclamation authorizing Absalom Martin to erect and keep a ferry (necessary for the convenience of the inhabitants of Washington county), over the Ohio River, from his plantation, nearly opposite Wheeling, to the Virginia shore. Ebenezer Sproat was reappointed Sheriff. In announcing the new militia appointments in general orders, the Governor took occasion to say: , _ The Governor has observed with some regret that little attention is paid to militia duties. Though the settlement is at present in a state of saiety, there is a faithless people in the frontier, and a people who may be led to acts of hostility without any provocation from the inhabitants of the Territory. Self preservation, therefore, dictates that they be prepared-the advantages will result to the people themselves, and the penalties of the law .will be avoided. December 30.— The Governor embarked for the Mississippi. 122 The St. Clair Papers. either killed or taken ; he could not be found the next day, nor has he since been heard of The remaining soldiers and surveying party escaped. I hope ere this time I have an agreeable colleague ap pointed, and that he will speedily arrive. I have been sick about three or four weeks, but have nearly recovered my health again. The inhabitants in the settlements enjoy good health, and the lux uriance of vegetation promises a very plentiful return for their labor ; they have this _year four hundred acres of corn and small grain, all of which bids fair to produce in abundance. One grist and saw mill will be completed soon, another by December. Proclamation by Governor Miro.^ His Majesty having been graciously pleased to encourage emi grants to his Province of Louisiana, he has, in his royal bounty, de termined to confer upon eraigrants the following rights, privileges, and iraraunities : To all farailies consisting of two or three laboring persons he will grant two hundred and forty acres (French measure) of land gratis ; to such as consist of four laboring persons, and upwards as far as ten, four hundred acres shall be given ; when from ten to fifteen, six hundred ; and when from sixteen upwards, eight hundred acres shall be given. No person shall be molested in religious matters, though no pub lic worship shall be allowed but that of the Roman Catholic Church. From the moraent of their arrival in this Province, all persons shall be treated and enjoy the same commercial privileges and protection as the ancient inhabitants, and shall be governed by the same laws and customs; for which purpose his Majesty will establish a com manding officer to protect the settlement against all insults. This officer will decide the controversies which may arise among the inhabitants, and all differences in raatters of interest not exceed ing the value of one hundred dollars. Frqra this sura upwards, the said coraraander will hear the allegations of the parties, direct the proceedings, and transmit the same to New Orleans for the decision of the government, unless the parties shall agree to submit their matters in controversy betwixt them to arbitration, in which case ^ Governor Jliro's titles were Brigadier-General in the armies of his Catho lic Majesty, Governor and Intendant of the Provinces of Louisiana and Florida. Correspondence, Addresses, Etc. 123 each party shall choose one or two arbitrators, and if they should not agree, the commander shall name another to decide the matter. Every person emigrating into his Majesty's Province of Louisiana can bring his own property with him in the produce of the country he comes from, such as peltries, tobacco, flax, hemp, cordage, flour, horses, sheep, swine, cattle, salt, and all sorts of provisions, free from duties, with liberty to sell them to any post of the Province, or send the same for their own account to the outpost permitted for commerce to the inhabitants ; but, in this latter case, they are to pay the duties established for exportation, which is six per cent. At their arrival, every head of a family answering for every indi vidual of it, shall take the oath of allegiance to his most Catholic Majesty, binding themselves to take up arms, only in defence of this Province, against any enemy whatsoever that shall attack it. It is his Majesty's intention to establish, within proper distances. Parish Churches, to be served by priests that raay speak the English lan guage, but who shall have no right to interfere, in religious raatters, with those who raay not be Catholics, nor shall any tithes or other pay be exacted frora them. All subjects of his Majesty shall have a free market at New Orleans for the produce of their lands or labor, and shall be exempt frora all duties and taxes. It is his Majesty's orders that his laws shall be administered with mildness and lenity, so as to render his subjects as happy as possi ble ; for this jDurpose, officers who are well qualified are appointed to govern the different settlements.^ Given under my hand, at New Orleans, this sixth day of Sep tember, 1789. Estevan Miro. Governor St. Clair to the President. New York, September 14, 1789. Sir : — The constant hostilities between the Indians who live upon the river Wabash and the people of Kentucky must necessarily be attended with such embarrassing circumstances to the governraent of the Western Territory, that I am induced to request you will be pleased to take the matter into consideration, and give me the orders you may think proper. 1 A proclamation announcing the purpose of his Catholic Majesty was is sued by Governor Miro on the 2d September, but it omitted the details con tained in the above. 124 The St. Clair Papers. It is not to be expected, sir, that the Kentucky people will or can submit patiently to the cruelties and depredations of those savages ; they are in the habit of retaliation, perhaps, without attending pre cisely to the nations from which the injuries are received ; they will continue to retaliate, or they will apply to the Governor of the Western Country (through which the Indians must pass to attack thera) for redress. If he can not redress them (and in present cir cumstances he can not), they also will march through that country to redress themselves, and the governinent will be laid prostrate. The United States, on the other hand, are at peace with several of the nations, and should the resentment of those people fall upon any of them, which it is likely enough may happen, very bad con sequences will follow ; for it must appear to thera that the United States either pay no regard to their treaties or that they are unable or unwilling to carry their engagements into effect. Remonstrances will probably be made by thera also to the governor, and he will be found in a situation from which he can neither redress the one nor protect the other. They will unite with the hostile nations, pru dently preferring open war to a delusive and uncertain peace. By a resolution of-the late Congress, the Governor of the West ern Territory had power, in case of hostilities, to call upon Virginia and Pennsylvania for a number of men to act in conjunction with the Continental troops, and carry war into the Indian settlements. That resolution, it is now supposed, is no longer in force ; the re vival of it might be of use, as it would tend to conciliate the west ern people, by showing them 'that they were not unattended to; and would, in sorae raeasure, justify me in holding a language to the Indians which might obviate the necessity of employing force against them. The handful of troops, sir, that are scattered in that country, though they may afford protection to some settlements, can not possibly act offensively by themselves.' ^This letter was communicated to Congress hy the President on the 16th: Gentlemen of the Senate: — The Governor of the Western Territory has made a statement to me of the reciprocal hostilities of the Wabash Indians and the people inhabiting the frontiers bordering on the River Ohio, which I herewith lay before Congress. The United States, in Congress assembled, by their acts of the 21st day of July, 1787, and of the 12th of August, 1788, made a provisional arrange ment for calling forth tho militia of Virginia and Pennsylvania, in tho pro portions therein specified.' As the circumstances which occasioned the said arrangement continue nearly tho same, I think proper to suggest to your consideration the expe- Corres j-jon dence, Addresses, Etc. 125 The President to Governor St. Clair. New York, October 6, 1789. Sir: — Congress having, by their act of the 29th of September last, empowered me to call forth the militia of the States respect ively, for the protection of the frontiers from the incursions of the hostile Indians, I have thought proper to raake this comraunication to you, together Avith the instructions herein contained. It is highly necessary that I should, as soon as possible, possess full information whether the Wabash and Illinois Indians are most inclined for war or peace. If for the former, it is proper that I should be informed of the raeans which wdll raost probably induce thera to peace. If a peace can be established with the said Indians on reasonable terms, the interests of the United States dictate that it should be effected as 'soon as possible. You will, therefore, inform the said Indians of the disposition of the General Government on this subject, and of their reasonable de sire that there should be a cessation of hostilities as a prelude to a treaty. If, however, ¦notwdthstanding your intimations to them, they should continue their hostilities, or meditate any incursions against the frontiers of Virginia and Pennsylvania, or against any of the troops or posts of the United States, and it should appear to you the time of execution would be so nefir as to forbid your trans mitting the information to me, and receiving my further orders thereon, then you are hereby authorized and empowered in my name to call on the lieutenants of the nearest counties of Virginia and Pennsylvania for such detachments of militia as you may judge proper, not exceeding, however, one thousand from Virginia and five hundred from Pennsylvania. I have directed letters to be written to the Executives of Vir ginia and Pennsylvania, informing them of the before-recited act of Congress, and that I have given you these conditional directions, so that there may not be any obstructions to such raeasures as shall be necessary to be taken by you for calling forth the railitia, agree ably to the instructions herein contained. The said militia to act in conjunction with the Federal troops in such operations, oflTeusive or defensive, as you and the commanding diency of making some temporary provision for calling forth the militia of the United States, for the purposes stated in the Constitution, which would embrace the cases apprehended by the Governor of the Western Territory. Geo. Wabhimgton. 126 The St. Clair Papers. officer of the troops conjointly shall judge necessary for the public service and the protection of the inhabitants and the posts. The said militia, while in actual service, to be on the Continental establishment of pay and rations. They are to arm and equip themselves, but to be furnished with public amraunition, if neces sary ; and no charge for the pay of said railitia will be valid, unless supported by regular musters, made by a field or other officer of the Federal troops, to be appointed by the commanding oflficer of the troops. I would have it observed forcibly that a war with the Wabash Indians ought to be avoided by all means consistently with the se curity of the frontier inhabitants, the security of the troops, and the national dignity. In the exercise of the present indiscriminate hostilities, it is extremely difficult, if not irapossible, to say that a war without further raeasures would be just on the part of the United States. But if, after manifesting clearly to the Indians the dispositions of the General Government for the preservation of peace, and the ex tension of a just protection to the said Indians, they should continue their incursions, the Uuited States will be constrained to punish them with severity. You will also proceed, as soon as you ean with safety, to execute the orders of the late Congress respecting the inhabitants at St. Vincennes and at the Kaskaskia and the other villages on the Mis sissippi. It is a circumstance of some importance that the said in habitants should, as soon as possible, possess the lands to which they are entitled by some known and fixed principles. I have directed a number of copies of the treaty made by you at Fort Kearney with the Wyandots, etc. , on the 9th of January last, to be printed and forwarded to you, together with the ratification and my proclamation enjoining the observance thereof. As it ma}'' be of high importance to obtain a precise and accurate knowdedge of the several waters which empty into the Ohio on the north-west, and of those which discharge themselves into the Lakes Erie and Michigan, the length of the portages between, and nature of the ground, an early and pointed attention thereto is earnestly recommended.^ ^M.S. from Files of the War Department. Correspondence, Addresses, Etc. 127 Paul Jones to Arthur St. Clair. Amsterdam, Dec. 20th, 1789. Dear General: — The written documents from my friend, the Count de Segur, Minister Plenipotentiary of France at St. Peters burg, will show you, in some degree, my reasons for leaving Russia, and the danger to which I have been exposed by the mean subter fuge and dark intrigues of Asiatic jealousy and malice. Your former frieudship for me, which I remember with particular pleas ure and have always been ambitious to merit, will, I am certain, be exerted in the use you will make of the three pieces I now send you for my justification in the eyes of my friends in America, whose good opinion is dearer to me than any thing else. I wrote to the Empress from Warsaw, in the beginning of October, and sent her Majesty a copy of my journal, which will show her how much she has been deceived by the account she had of our maritime operations last campaign. I can easily prove to the world at large that I have been treated unjustly; but I shall remain silent at least till I know the fate of my journal. You did rae the honor to accept ray bust, and I gave orders at Paris in consequence. Mr. Jefferson wrote me, in March last, that the bust was ready. I am arrived here but a few days ago. I saw Captain Earle, wdio informed rae of your being at Philadelphia. I shall write imraediately to Mr. Short to send the bust, if it is not already gone. One will be sent, at the same time, to General Ir vine, to whom I pray you to present my respectful corapliments. You mentioned to me at New York that you could obtain a letter in my favor from General Washington to the Marquis. Such a letter, if written with any force, raight eventually, if not in the pres ent moment, be very useful, and I should be very thankful to re ceive it. I intend to remain in Europe till after the opening of the next campaign, and perhaps longer, before I return to Araerica. It is possible the Erapress raay invite me to return to Russia, though I do not expect it. Frora the troubles in Brabant, and the steps now taken by the King of Prussia, etc., I conclude that peace is yet a distant object, and that the Baltic will witness warraer work than it has yet done. On the death of Admiral Greig I was, last year, called from the Black sea, by the Empress, to command a squadron in the Baltic. This set the invention of all my enemies and rivals at work, and the event has proved that the Erapress can 128 The St. Clair Papers. not always do as she pleases. My address is, under cover, ' ' a Mes sieurs N. & J. Van Staphorst and Hubbard, a Amsterdam." ^ 'This request was complied with by St. Claii^ who sent the accompanying papers to the press, with the following letter: To the Editor — Philadelphia, [January-] 1790. S'lr: — Many articles calumniating Admiral Paul Jones having been in serted in the English papers, and copied from thence to those of America, I request j'OU to publish the following translation of a letter fi-om the Count de Segur, Minister Plenipotentiary of France at the Court of St. Petersburg, to the Count de Montmorin, of 21st iif July, 1789, and of the certiflcate ac-^ companying it, which has been published in the Gazette of France; also, the translation of a letter from the same gentleman to Count d' Esterns, Minis ter Plenipotentiary of France at Berlin, and to Chevalier Bourgoign, Minis ter Plenipotentiary at Hamburg,' respecting that meritorious officer, which at the same time that they give pleasure to his many friends in this country, may serve to silence his enemies with respect to his conduct in Eussia. It might have been expected that in this country he could have had no ene mies, but in every climate envy and detraction will ever be the attendants on superior merit. I am, sir, etc., Arthur St. Claib. Count db Seqitr to Count db Montmorin. Monsieur le Count : — The enemies of Eear-Admiral Paul Jones having caused reports extremely destitute of foundation to be circulated^ with re spect to the journey which that general officer is on the point of under taking, I would wish that the following article, for the truth of which I make myself responsible, were inserted in the Gazette oi France, and in the other public papers that have the sanction of your department. That arti cle vvill set those right whom calumny bas deceived, and prove it to the friends and iellow-citizens of the Rear-Admiral, that he has here sustained the reputation which his bravery and his talents had acquired him duringthe last war; that the Empress wished to continue him in her service, and that if he absents himself from it at this moment it is of his own mere notion, and for particular reasons which do not in the least affect his honor. The glorious marks of the goodness of the King, and how much he was satisfied with him which JMr. Paul Jones bears; his attachment to France, which he served usefully in the common cause; the right he has to the protection of the King's .Ministers as a subject and Admiral of the United States, and my personal friendship for that distinguished officer, with whom I made a campaign in America, are so many motives that seem to justify me in the interest I have taken in every thing that concerned him since he has been in Russia. • I havo the honor to be, The Count de Sequk. (1) That letter is uot found among the St. Clair Papers. Correspondence, Addresses, Etc. 129' Brigadier-General Harmar to Major-General Knox. Headquarters, Fort Washington, January 14, 1790. Sir : — I have the honor to acknowdedge the receipt of your letter of the 29th of October last, to which I shall now particularly reply. The Governor of the Western Territory arrived at this post on the 2d inst. , and departed from hence on the 5th for the Illinois country. I furnished him, agreeably to his request, with an escort of fifty chosen men, under the immediate coramand of Lieutenant Doyle. Major Wyllys accompanies hira on this tour. I did not leave the Muskingum until the 24th ultimo, being detained so long waiting for his and the paymaster's arrival there. We were four days upon our passage. The distance from thence to this garrison (^vhich is directly opposite the raouth of Licking River) is about three hun dred miles. Major Doughty is left to command at Fort Harraar. This wdll be one of the most solid, substantial wooden fortresses, when finished, of any in the Western Territory. It is built of hewn timber, a perfect square, two stories high, with four block houses at the angles. I ara particularly indebted to Captain Fer guson and Lieutenant Pratt for their indefatigable industry and at tention in forwarding the work thus far. The plan is Major Doughty's. On account of its superior excellence, I have thought proper to honor it with the name of Fort Washington. The public ought to be benefited by the sale of these buildings whenever we evacuate thera, although they will cost thera but little. About forty or fifty Kentucky boats have begun, and will com plete it. Limestone is the grand mart of Kentucky; whenever boats arrive there they are scarcely of any value to the owners ; The Article erom the Gazette of France. St. Petersburg, July 25^A, 1789. Eear-Admiral Paul Jones being on the point of returning to France, where very particular affairs demand his presence, he has had the honor to take leave of the Empress on the seventeenth instant, and to be admitted to kiss Her Imperial Majesty's hand. That general officer, so celebrated for the brilliant actions he performed during the course of the American war, was called, in 1787, to the service of Her Imperial Majesty, and the com mand of the troops of war stationed upon the Leman during the campaign of 1788 was confided to him. Pleased with his conduct during that cam paign, and satisfied with his services, the Empress would not grant him per mission to withdraw himself but for a limited tirae, and preserves to him his rank and appointments. VOL. n — 9 130 The St. Clair Papers. they are frequently set adrift, in order to make room for the arrival of others. I have contracted for the above nuraber for the moder ate price of from one to two dollars each ; thus much for the plank work. All other expenses (wagon hire, nails, and some glass ex cepted) are to be charged to the labor of the troops. The lime we have burned ourselves, and the stone is at hand. Be pleased to re ceive the inclosed plau of the fort. The distance between the Little and Great Miami is twenty-eight measured miles. Near the Little Miami there is a settlement called Columbia ; here (seven miles distant from Columbia) there is another named Losantiville, but lately changed to Cincinnati, and Judge Syraraes hiraself resides at the other, about fifteen railes frora hence, called the Miarai City, at the north bend of the Ohio River. They are, in general, but small cabins, and the inhabitants of the poorer class of people. By the latest advices frora Major Hara trarack, he writes me that he had manoeuvered in such a manner as to divide the Weea Indians, and that eighty of their warriors had come into Post Vincennes, and put theraselves under the protection of.the United States. This may be considered as a very favorable circumstance, provided these yeUow gentry adhere to their allegiance. Governor St. Clair ' to Major Hamtramck. Fort Steuben, January 23, 1790. Sir : — I have inclosed a speech to the Indians of the Wabash and those of the Miami village, which I must take the liberty to re quest you will get forwarded to them, and, as the persons who may be employed for that purpose will probably be Frenchmen, it may be necessary to get it translated into the French language, that, at least, they raay be able perfectly to convey the meaning of it to the Indians, which they might be at a loss to do from the English copy. It is much the wish of the general government that peace may be established with those people, and the trial to effect it must be made. Should it fail, there is no doubt but an attempt must ^ While en route for Kaskaskia, the Governor stopped at Fort Washington (then being built by Major Doughty, under direction of General Harmar), to organize civil government. In Major Sargent's journal I find this entry: "Losantiville, January 2d, 1790. — The governor arrived here this morning, and will probably be detained by public business until the 4th, when he ex pects to take his departure for Kaskaskia." A good deal was accomplished Correspondence, Addresses, Etc. 131 foe made to chastise them. From the length of tirae you have been in the Wabash country, your thoughts must have been sometimes turned to that object, and to receive any observations you might think proper to communicate would be esteemed a favor. I am now on my way to Kaskaskia, and after having put things on some order there, hope to have the pleasure of meeting you at Fort Knox. It is with great pain that I have heard of the scarcity of corn which reigns in the settleraent about the Post. I hope it has been •exaggerated, but it is represented to me that, unless a supply of that article can be sent forward, the people must actually starve. Corn can be had here in any quantity, but can the people pay for it ? I entreat you to inquire into the raatter, and, if you find that they can not do without it, write to the contractor's agent here, to whom I write JOU orders to send forward such quantity as you may find to be ab- in that time, as will be shown from the following extracts, taken from man uscript Journal of OEFICIAL RECORDS.^ Appointments were made as follows-: William Goforth, William Wells, and William McMillan, judges of the court of common pleas and justices of the court of general quarter-sessions of the peace. They were also commissioned justices of the peace and quorum in Hamilton county. Jacob Topping, Benjamin Stites, and John Stites Gano, also, as justices of the peace. John Brown, gentleman, as sherilf. Military. — Captains: Israel Ludlow, James Flinn, John S. Gano, and Gersham Gard. Lieutenants: Francis Kenedy, John Ferris, Luke Foster, Brice Virgin. Ensigns : Seott Traverse, Ephraim Kibbey, Elijah Stites, John Dunlap. January 5th. — The Governor issued a proclamation, directing that "the justices of the peace hold their courts of general quarter-sessions of the peace at the town of Cincinnati, on the first Tuesdays in February, May, August, and Movember; and the judges of the court of common pleas hold their courts at the same place on the first Thursdays of May and November.'' January 8th. — The Governor arrived at the rapids of the Ohio, where the following appointments were made: William Clark, of Clarksville, justice of the peace, and also captain of the militia in the town and vicinity; John Owens, gentleman, lieutenant. (1) 1790, January 2d.— His Excellency arrived at Fort Washington in the purchase of Judge Symmes, and on the 4th was pleased to order and direct that the whole of the lands lying and being within the following boundaries— viz : beginning on the bank of the Ohio River at the confluence of the Little Miami, and down the said Ohio River to the mouth of the Big Miami, and up said Miami to the Standing Stone Forks or branch of said river, and thence with a line to be drawn due east to the Little Miami, and down said Little Miami River to the place of beginning-should be a county by the name and style of the county of Hamilton, and the same was ac cordingly laid ofT agreeably to the form which has been transmitted to Congress. 132 The St. Clair Papers. solutely necessary. They must pay for what they can of it ; but they must not be suffered to perish. And, though I have no direct authority frora the government for this purpose, I must take it upon myself . . . Governor St. Clair to the Secretary of War. Fort Steuben, January 26, 1790. I have great confidence in the friendly disposition of the Wyan dots, and their influence over raany of the tribes is considerable. The Miarais, and the renegade Shawanese, Delawares, and Chero kees, that lay near thera, I fear are irreclaimable by gentle raeans. The experiraent, however, is worth the making ; and, at any rate, I do not think we are yet prepared to chastise them. That is a business which shoidd be well considered, and there are arrange ments to be taken in case of the necessity of doing it, that would, at present, be inconvenient. The idea which you have suggested to General Harmar he has communicated to me, from the little probability, I suppose, he thought there was that Major Doughty,* who arrived here yester- 'From Major Hamtramck's reply, which was dated from Post Vincennes, March 19th, I take the following paragraphs: I have, on the 16th, sent one Captain Fred. Gamelin with the speech, and. when he arrives at the Vermilion he vvill know if it will do for him to pro- coed further without risking his life, and go to the Miami, if possible. Bythe Indians, who are constantly coming into the village, I am informed that the Wabash Indians will readily make peace with us, but that they will in a very great measure be governed by the Miami Indians, who have threatened for a long time past to chastise them for keeping au open com munication with us. Mr. Gamelin has promised me that if he goes to the Miami be will inform me from there of his prospects, and tho moment I receive his information, I shall have the honor to write to your Excellency the particulars. I have this day sent a boat to the Falls for 800 bushels of corn, which I shall deliver to the people of the village, who are in a starving condition; so much so that on the 16th instant a woman, a boy about thirteen, and a girl of about seven years were driven to the woods by hunger, and poisoned themselves by eating some wild roots, and have died of it. ''Major Doughty was charged with a mission of peaoe and good-will to the Southern Indians, which it was hoped would put a stop to tho murderous incursions from that section. After he had reached the point of his destina tion, and was on his return, he was attacked, and nearlj- all of his men. killed and wounded. Correspondence, Addresses, Etc. 133 -day, would meet me here, and the impropriety of coramitting to writing at the hazard of a miscarriage. How far the establishing a post at the Mussel Shoals will answer the ends in view, I am not able to forra any judgment of, as I am very little inforraed about the country to which it will relate. It is most probable that the Chickasaws and Choctaws will be pleased with it ; but that particular place is raore than three hundred railes up the Tennessee, and there is no communication by land with any of the settlements, that I can hear of. The nuraber of raen you propose for it is certainly not too great, but where are they to come from, unless an addition is made to those already on foot ? Two or three companies of riflemen, added to General Harmar's regiment, would contribute much to its utility. In my opinion, it would then be small enough for the service expected from it now. Some blankets, etc. , I could have supplied Major Doughty wdth, but not in such quantity as to have been much use, without leaving myself too bare, and, unless he could have had a tolerable assort ment, he thought, with me, that, on this occasion, it was better to be without altogether. I have supplied him with a quantity of silver-ware, and that will enable him to make sorae acceptable pres ents to the chiefs, and some vermilion. To-morrow morning I hope to take ray leave of this place for Kaskaskia, frora which I will take the first opportunity to w'rite you •again. P. S. — I have this raoraent got an account of three raen being killed within twelve miles of Danville, at Carpenter's Station, and three more being killed, and a settleraent broken up, on Russell's Creek , about forty miles from that place. Russell's Creek is a branch, I am told, of Green River. General Harmar to Governor St. Clair. Fort Washington, February 20, 1790. Dear Sir : — I have had the honor of receiving your letter from Fort Steuben, dated the 26th ult., and observe that your detention so long there was occasioned for want of provisions, ^ye have been upon the point of starvation here ever since my arrival. I have no great opinion of Major Doughty's mission, and another is on foot which I think to be really difficult and hazardous. The copy of the secret letter sent me from the War Ofiice I do not think proper to commit to paper, for fear of accident, but Lieutenant Armstrong .(whom I have ordered to undertake the tour, if possible) can fully 134 The St. Clair Papers. inform you the nature of the business, as the contents of the letter have been communicated to him, and he has taken notes in such manner as to be able to give you an exact copy of it. I have writ ten to the War Office that I wished very much to have your Excel lency's opinion upon this subject before I ordered the ofiicer to pro ceed. I raust, therefore, beg that you will be pleased to give it. It seems very much depends on the too adventurous establishment. If your Excellency should be of opinion that it is advisable for him to undertake it, be so kind as to afford him your advice and assist ance upon the occasion, as it is impossible for me, at this distance, to make the necessary arrangements for that purpose. This is the subject that the Secretary of War has written you that we were to consult about. Mrs. Harmar desires to be remembered most af fectionately to you and Major Sargent. Major Doughty to Major Wyllys. Ance de la Graise, 25th March, 1790. 3£y Dear Friend : — On the 22d instant, about two hundred and thirty railes up the Tennessee, I was attacked with great force by a party of Indians. Out of fifteen raen, they killed six and wounded five more, so that I have only four left. We fought them four hours, and then escaped in this distressed situation. I found it ira possible to ascend the Ohio, or, after I reached the Mississippi, to ascend it. My wounded men were in so distressed a situation as to require immediate assistance. The only resource left rae was to come to this place, where I have met with every civility I could wish from Mons. Fouchet, the commanding officer. You know what must be my feelings. May I beg and entreat of you immediately to forward me a good pilot and ten raen, to bring me and my boat to Kaskaskia, where I wish to see you. For God's sake send imraediately. Order them to take the west side of the river, for fear they pass the post, for there is an islaud op posite. They need bring no provisions, for I have enough to last us uutil we arrive at Kaskaskia.^ ^The expedition of Major Doughty was to the Cherokees, to see what could be done toward engaging their friendship for the Americans. The result is seen. General Harmar, in a letter to St. Clair, under date of Feb ruary 20th, 1790, said: "I have no great opinion of Major Doughty's mis sion." Correspondence, Addresses, Etc. 135 Major Hamtramck to Governor St. Clair. Fort Knox, Post Vincennes, April 19, 1790. Sir : ... I wrote by Lieutenant Armstrong, who had dis patches for your Excellency and left Fort Knox on the 19th of last month on his way to Kaskaskia, by whom I had the honor to in form your Excellency that I had sent a messenger with your speech to the Indians. He went no farther than the Vermilion, where he got insulted by one of the Verrailion Indians, who told him if he went farther he would take his life, which occasioned him to return to this post. Finding that the Indians of the Vermilion had re ceived your speech with pleasure as a nation, and had given their answer, which was friendly, though not a definite one, I concluded that the business could not get aground in consequence of an insult by an individual, as I knew he had a particular resentment against the interpreter that went with the messenger. I, therefore, dis patched another one, who I suppose is by this tirae near the Miarai ; he went away the 1st of April. I had made some advances to the first messenger (it being the custom of the place). I should be glad if you will be so good as to inform me whether I shall pay him for the time he was absent or not. . . . This day a boat arrived from the Falls, which brings an account of Major Doughty's being defeated, and himself killed,' on the Cherokee River. The Indians of the Miami continue their depredations on the Ohio. About four weeks ago they took two boats near the mouth of the Scioto, and, shortly after, they perceived three others coming down together, who, after a chase of fifteen miles in one of the boats they had taken be fore, obliged the people to abandon two of the three boats to save their lives. In one of them were twenty-six horses and raerchan dise — supposed to be worth twelve or fifteen hundred pounds — the property of Hart & Rochester, of Hagerstown ; besides, several pair of saddle-bags, some of which contained cash and various other articles not easily ascertained. The 12th of last month, about fif teen miles below the rapids, they took another boat loaded with salt, coming up from BuUett's Lick, and killed the people. On the 13th, they killed a raan at Mr. Lanacaghe's Station, w-hich is about two and one-half miles above the garrison, at the Falls. All of these ¦aflPairs, I am afraid, obstruct the pacific desires of the United States toward the Indians. '' Major Doughty was not killed. See his letter of March 25th, anie. 136 The St. Clair Papers. Governor St. Clair to the Secretary of War. Cahokia, May 1, 1790. Sir: — Since my last to you, which was of the 7th of March, I have received three letters from Major Hamtramck ; the first, of the 23d of February, in which he informs me that he had not then sent forward the message to the Indian towns on the Wabash, because there were few of thera ; they had uot returned frora their winter hunt. Those to whom he had had au opportunity to coraraunicate it were very much pleased wdth the disposition of the governraent towards them, and very desirous of peace. One, in March, which informs me of his having sent the message, and, on the 19th ult, Avhich informs me of the messenger's having proceeded as far as the Vermilion. The message was well received by the nation, and they returned a friendly, though not a definite, answer; but he was in sulted by an individual, and his life threatened if he proceed farther; in consequence, he returned to Fort Knox. The Major, understand ing that there was some private difference betw'een the person that served as interpreter, did, on the first of April, send forward an other messenger, and he has iuclosed to me his letter to him from Quetepiconnuais, which is about fifteen railes higher than Ouiatenon, of the 15th ult., a translation of which is inclosed. By that letter, you will jierceive that every thing seems to be referred to the Miamies, which does not promise a peaceable issue. The confidence they have in their situation, the vicinity of many other nations not very well disposed, and the pernicious counsels of the English traders, joined to the imraense booty obtained by the depredations upon the Ohio, ¦will raost probably prevent thera from listening to any reasonable terms of accoraraodation, so that it is to be feared the United States must prepare effectually to chastise them, and the consequence of not doing it may, very probably, be the defection of those who are now at peace with the entire loss of the affections of the people of the frontiers. If, however, there is any probabdity that the posts in the possession of the British will- be soon given up, it may be yet unnecessary, and I would fondly hope measures have been taken by the Government on that head wdth the Court of London. The recalling the Minister when that business was in train, always appeared to rae as a very hasty and inconsider ate step. Much mischief, I ara informed, has been done this spring upon the Ohio, of which, however, I have no authentic or particular ac count, except such as Major Hamtramck has given me. We seem Correspondence, Addresses, Etc. 137 to be here in another world that has no connection with the one we lately left. He ascribes the depredations all to the Miamies. About four weeks before the date of this letter, two boats were taken near the mouth of the Scioto ; and soon after this, another appearing, they gave chase in one of their prizes, and forced the jjeople to abandon two, in one bf which were twenty-six horses and merchan dise to the value of twelve or fourteen hundred jjounds, money and other things of value, the property of some persons frora Hagers town ; and on the 12th of April, about fifteen railes below the Rapids of the Ohio, they took a boat laden with salt, going ujd to Louisville ; aud on the 13th, killed a man twenty-seven miles above Fort Steuben at a settleraent which had been begun there, and which was broken up by it. I have been rauch engaged, since my being here, in receiving and examining the clairas of the inhabitants, which has consumed raore of my time than I had any idea would have been necessary ; but they are the most ignorant people in the world. There is uot a fif tieth man that can either read or write, the consequence of which has been that every thing where they were parties has languished extreraely. Though they are ignorant, they seera to be the gentlest, well-disposed people that can be imagined, and 'their raanners are -better than might have been expected, considering their ignorance, the want of proper government, and the grievous oppression under which they have groaned since they fell under the American domin ion. The business of the surveying has gone on very slowly from that cause, and from an incursion of Kickapoos. On the 31st of March four French were fired upon by them up the Kaskaskia River, about twenty-seven railes from the village, three of whom were taken and the other wounded. They pretended to be sorry for what they had done when they found them to be Frenchmen, and let them go, after exchanging with them their old fusees for their rifies. Their numbers were reported by the prisoners to -.mount to eighty, but it is not probable they were so numerous. I had it not, however, in my power to make any discovery, for the whole party were absent but six men, having been obliged fo de. tach a part to the Ohio for provisions immediately on ray arrival, and to make another detachment to the Ance de la Graise, lo bring up Major Doughty. The village was also, unfortunately, very weak, as it always is at this season, the greatest part of the young men being absent on vovages, either to New Orleans or Michdi- mackinac. Indeed, if a force sufiicient could have been collected, it would have been diflScult, if not impossible, to have led them m 138 The St. Clair Papers. quest of them, for of all the people that I have ever seen, though many of them speak the Indian languages, and all of them are ac quainted with their manners, they dread the Indians the most. All I could do was to establish, with the few soldiers and the inhabit ants, patrols, to secure the village from a surprise in the night, which a body of the force reported might have accomplished, and laid it in ashes. I would have immediately sent to their towns, but could find no person who would undertake to carry a message ; nor, after my arrival here, would I venture upon it, on account of the state of our provisions ; for, though I should have desired one or two of the chiefs only, as many more as they thought proper would have attended them. As yet I have no account of the boat that was sent for provisions, but, as it must arrive soon, if ever, and Major Doughty brought with him a small quantity of flour, I did, on the 25th, send off to their towns a French translation of the inclosed message. In that I have not mentioned the affair at Kaskaskia, because I had been informed of the return of the party to their town, and that it had disturbed them so much as to produce a quarrel, and the discussion of it would, I thought, be as well, or better here with their chiefs, if they came. I sent the message in French because it was necessary to intrust it to a Mr. May, who re sides at a sraall village on the Illinois River, commonly called Au P6, the place where the Peoria Fort stood, where there are five or six French families. He had been appointed Coraraandant of that place by General Clarke, and, as he is a person of influence among the savages, it was proper to pay some respect to him. Mr. Arm strong has been here for some time, in consequence of your commu- nicationsto General Harmar, who raade me acquainted with them by him. It is, sir, I believe, at present, altogether impracticable. It is a point on which some people are feelingly alive all over, and all their jealousy awake. Indians to be confided in, there are none; and if there were, those who would be most proper, and others, are now at war ; but I have explained myself to Captain Armstrong for General Harmar's information, who will coraraunicate it to you from a place whence there is less risk of dispatches miscarrying. I i.m extremely anxious to have the business in this country put in such a train as that I can leave it, for, I doubt not, but it is necessary enough that I should be upon the Ohio. The people will be very clamorous at the interruption the navigation of that river meets with, though what I could do for their security I really do not see, for, from the best information, if in other respects it was proper to make up of the force which I am unable to call for, the exportations. Correspondence, Addresses, Etc. 139 to New Orleans have been so great that it would be utterly impossi ble to supply them with provisions before harvest, nor for a consid erable time after it, as it is generally pretty far in the faU before the mills can grind, from the lowness of the waters. If force must be employed against the savages, and there is but too much appear ance of it at present — measures raust be taken beforehand, and some better dependence for their support than can be put upon the present contract. The force, too, is A'ery far from adequate to the end, and must be collected from such distances as can not fail to consume a good deal of time before it could be in a situation to move. But I will take another opportunity to giA'e you my senti ments on that subject more at large, which you may compare with Major Doughty's, who is a pretty adequate judge. It is also neces sary that I should be at Fort Knox by the time the Indians arriA'e there, for, inconvenient and expensive as it is, at all times, to have them collected in any number, it would be peculiarly inconvenient this season, when that garrison is so scantily and precariously sup plied. It will, however, be probably a fortnight before the Kickapoos ar rive, if they come at all, aud I shall desire Major Haratrarack to send an escort by that tirae, for that which carae with me will be necessary to take the boats back up the Ohio. You may perhaps wonder that I should send for the Kickapoos to this place when I ex pect the other nations at Fort Knox. The reason was that a part of that nation living at no great distance frora hence, and far frora the rest, and hunting constantly in this country, it appeared of consequence to conciliate them if it could be done, and thereby pro cure safety for the people in the mean tirae. Baptiste Du Coigne, Avhom you may remember with the Marquis de Lafayette, is the chief of the Kaskaskia nation, and settled in Kaskaskia. I haA'e been plagued Avith a great many of his talks. The nation is very inconsiderable, and I do not think it necessary to trouble you Avith them at present. He himself is the greatest beggar I have met with among nations who are all beggars. He counts no little upon his having been with the American troops in Virginia, and so far he merits some countenance. In the country below the Kaskaskia there are a great many Piankeshaws, not over friendly, though they make great professions. They wanted much to visit me at Kaskas kia, but I declined it, informing thera that I had sent to their chiefs, and when their answer arrived I would inform them ; but that did not prevent about the whole of thera with a war chief coming in, and since I left that place there have been many more, in conse- 140 The St. Clair Papers. quence of one of their parties being attacked upon the Saline River, which empties into the Ohio below the Wabash, by the Chickesaws. They had three killed and wounded, and are very heartily fright ened. The Spaniards also begin to feel the Indian resentment like wise, but frora what cause I have not yet discovered, but I think they are more probably set on by the English traders, Avho bave found their Avay to the River au Moine, and it is said from thence into the Missouri by land. They have stolen from thera a pro digious number of horses, and every settlement on the Missis sippi frora St. Genevieve to St. Louis, is abandoned. The Ottowas and Sacs are gone to war against them. I met a party of fifty of them Avho were going up the Merrimaz River, and expected to be joined by the Shawanese, many of whora are settled on the Spanish side as Avell as the Delawares. They do not, however, like the country, and had proposed to request permission to return to this side, and many of them actually Avere there, but on this stroke of the Chickasaws, they removed Avith the greatest precipitation. The distress of the inhabitants at St. Vincennes is extreme. Several persons, driven to the AVOods in quest of food, have perished by eating roots that proved poisonous. But it is at present a little alleviated by the arrival of some of the corn Avhich I had requested the contractors to provide for thera, and without which a great part of thera must have died. The inhabitants here are not much better off — many of them have not grain for seed — but here they get venison and fish, so that they will not perish, though the Avant of bread of any kind is a very sore CA'il. Of what is passing in your quarter, or in the European Avorld, we know as little as the man in the moon. For pitj' sake, send some newspapers. I never before thought them of any consequence — they Avill now be a great treat. I forgot to mention that Major Doughty, knowing our situation, purchased and paid for with his o^wn money, a quantity of flour he met with for sale on his Avay frora Ance de la Graise, and delivered it here. Without that I could not have ventured to send for the Kickapoos, how necessary soever it might have been, and to quiet the minds of the inhabitants it Avas A'ery necessary, had there been no other reason. Correspondence, Addresses, Etc. 141 Speech of Governor St. Clair to Jean Baptiste du Coigne. '^ Cahokia, 3Iay 8, 1790. Mon Fils .-—C'est avec beaucoup de satisfaction que j'ai regu les felicitations que vous m'avez faites sur mon arrivce dans ce pays-ci. Moi et les autres messieurs que vous voyez autour de moi, rendent graces a Dieu, qui nous a gardes et soutenus pendant un voyage assez long et penible. J'ai un grand plaisir en vous voyant et tt vour serrer les mains en temoignage de mou amitie. Le ferme at- tachement que vous avez raontre aux Etat.s-Unis de I'Amerique est bien connu, et en consequence vous avez droit a beaucoup de respect. II est vrai, mon fils, que vous n'avez vu personne qui venait de la part du Gouvernement des Etats, et c'est moi qui suis le premier envoys. J'ai retarde longteraps le terme fixe pour mon arrivee, cela par des causes diverses et inevitables, mais les Etats-unis n'oubliaient point leurs amis et les peuples de ce pays sont leurs enfants, qu'ils n'abandonneront jamais. Mon coeur, mon fils, est afflige par rapport aux injures que vous avex souffertes. Je sais bien que vous etes entoure par des nations folles et cruelles qui aimeut a avoir les mains trempees dans le sang ; mais j'ai bonne esperance que fin sera mise a leurs depredations, parceque je suis venu corarae ambassadeur de paix pour tous les peuples qui habitent ces terres. S'ils ecoutent les bonnes paroles que je leur ferai entendre, ce sera pour leur propre bonheur et celui du genre humaine. Tous, eux et nous autres, puissions suivre nos occupations avec bon coeur, les jeunes gens croitront et fleuriront comme les arbres verts, et I'abondance se trouvera sous leurs pas ; mais, mon fils, ce n'est que jusqu'a une certaine mesure que les mauvais precedes peuvent etre supportes; ou alors la patience de- vient de la faiblesse, reproche du quel les Etats-Unis s'eloigneront toujours. S'ils m'ecoutent, bien ; s'ils ne m'ecoutent pas, eux-memes en subiront les consequences. La paix fait les delices des Etats- Unis, mais aussi en guerre ils sont formidables, et vous, Du Coigne, en avez ete le temoin oculaire. Croyez-moi, mou fils, ce ne sera pas tojours un opprobre d'avoir ete leur ami. Mon fils, j'ai toute la confiance du monde dans Ja sincerite de vos paroles, qui viennent du fond de votre coeur, et que a'ous ne parlez pas des terres seulement. Moi aussi, je vous le dis avec toute la sincerite possible, je suis bien aise de vous voir, je suis touche de vos malheurs et je tacherai de les adoucir. ' Chief of the Kaskaskia Indians. 142 The St. Clair Papers. Ce que vous m'avez dit, mon fils, touchant I'eau-de-vie, n'est que trop A'rai. L'excfes de cette boisson fait veritablement la ruine des Indiens, mais c'est une passion, si indomptable chez eux, qu'il est tres difficile de les retenir. Aussi il n'est pas facile de detourner les blancs de faire cette esp6ce de commerce, parceque disperses, comme vous I'etes souvent dans les bois, on peut en porter chez vous en cachette et par consequent avec impunite ; et s'il 6tait possible d'empecher les Americains et les Francais de faire le commerce en- tiferement, il y en a d'autres qui le feraient, et si non, ils iraient eux- memes en chercher chez les Espagnols ;. pourtant nous tacherons de mettre quelque borne a cette affaire-la. L'amour, mon fils, que vous montrez pour I'endroit de votre naissance, oil les cendres de vos ancetres sont deposees, est un senti ment de la nature et de generosi te sur lequel je suis parfaltement d'accord avec vous. J'esp6re que le bon Dieu ne quittera jaraais ce pays-ci, et quand vous aurez atteint le norabre de jours qui vous est assigne, que vous aurez une sepulture honorable avec tous les rites de la religion. L'inolination, raon fils, que vous avez de voire le culte de Dieu etabli, et qu' une grande attention soit donnee a I'elevement des jeunes gens, me plait extremement, et je suis afflige de voir que les pretres ont a se retirer. Certainement je ne les rappellerai qu'a la fin, et esp^re que vous suivrez le bon cherain, et que la jeunesse sera instruite de ses devoirs envers Dieu, envers les horaraes et envers les uns les autres. Vous pouvez assurer les Piorias, et les Cahokias de ma bonne volonte pour eux, et que j'aA'ertirai le President des Etats-Unis, le Geueral Washington que a'Ous connaissez, et qui, a cette heure, est le chef de tous, civils et mihtaires, du desir qu'ils ont de retourner en ce pays. Le commissaire vous donnera de la poudre, pour aider vos gens qui sont il la chasse. 1 Following is a translation of the above: My son : — It is with much pleasure that I have received the congratula tions which you have offered me upon my arrival Inthis country; I and the other gentlemen whom you soe around me render thanks to God, whc has guarded and sustained us during a very long and wearisome journey. I have great pleasure in seeing you, and in taking you bythe hand in witness of my friendship The firm attachment which you have shown tothe United ¦States of America, is well known, and consequently you are entitled to much respect. It is true, my son, that for a long time you have seen no one who has •come from the government of the States, and I, who am the first envoy on Correspondence, Addresses, Etc. 143 William St. Clair to Governor St. Clair. Kaskaskia, May l&th, 1790. Dear Sir: — Mr. John Du Moulin and myself arrived at this their part, have been hindered a long time after the time fixed for my ar rival, by many inevitable accidents; but the United States never forget their friends, and the people of this country are their children, Avhom they will never abandon. My son, my heart is troubled on account of the injuries which you have suffered. I know well that you are surrounded by foolish and cruel nations, who love to have their hands steeped in blood; but I have good hopes that an end will be put to their depredations, because I am come as the ambas sador of peaoe to all the people who dwell in this land. If they will listen to the good words which I shall speak to them, it will be for their own hap piness and that of the human race — all, they and ourselves, then can follow ¦our occupations with good courage, and the young people will grow and flourish like the green trees, and abundance will be found beneath their steps. But, iny son, it is only to a certain point that evil proceedings can be suffered; after that, patience becomes feebleness, a reproach from which the United States at all times withdraw themselves. If they will listen to me o-ood; if they will not listen, they will suffer the consequences. Peace is the delight of the United States, but they are also formidable in war; of that you, Du Coigne, have been the eye-witness. Believe me, my son, it will not always be a disgrace to have been their friend. My son, I have all the confidence in the world in the sincerity of your words, that they come from the depths of your heart, and that you do not ¦ speak with the lips only. I also tell you, with all possible sincerity, that I am very glad to see you, that I am touched by your misfortunes and that I shall try to soften them. That which you have told me touching brandy is but too true. This ex cess in drinking is verily the ruin of the Indians, but they have such a pas sion for it that it is difficult to restrain them ; it is not easy, either, to deter the whites from this species of commerce, because, scattered like you through the woods, they can carry it to you secretly, and consequently with impunity. And if it were possible to hinder the Americans and the French entirely from carrying on this trade, there are others who would do it, and if uot, they would go and seek it themselves from the Spaniard; however, we will try to put somo limit to this traffic. The love, my son, which you show for the place of your birth, where the ashes of yo'ur ancestors are deposited, is a sentiment of nature and of gen erosity in which I am perfectly in accord with you. I hope the good God will never forsake this country and that when you have run the number of days that are assigned to you, you will have an honorable burial with all the rites of religion. The inclination which you have, my son, to see the worship of God es tablished and that a proper attention should be paid to the education of the young people, pleases me extremely, and I am troubled to know that the 144 The St. Clair Papers. place on Wednesday evening last, without meeting with any acci dent; however, I wish to inform you that there are thirteen Otta was and some Pottawatamies said to be gone from St. Joseph on an expedition. Their destination I ara not acquainted with, but it is probable they raay be lurking about the villages or on the road. I tiiought proper to give you this information, as, perhaps, some of the gentlemen might be in danger of risking themselves too far in the prairie. IMr. H. Armstrong arrived here on Friday last, and is trying to get a pirouge to go forward to Cahokia to-morrow morning. He brings intelligence that the Indians on the Ohio are now worse than ever. There were three boats, with twenty-six men, pursued by twenty-two Indians above the Falls. They abandoned two of the boats and got off, leaving a great number of horses and dry- goods to the mercy of the Indians, aud thought themselves Avell-off to get clear on such terms. The Indian party was commanded by a Captain Snake, whom I suppose to be a Delaware chief. There has been a number of boats pursued, and many men kUled. Mr. Arm strong has brought no letter for your Excellency, as ]Mr. Baire has informed me; two hundred bushels of corn arearrived,and some few barrels of fiour and beef, with iir. Armstrong. I shall set out for the Cahokia on Wednesday evening. I hope I shall have the honor of seeing your Excellency on Thursday evening. Please to make my corapliments to Mr. John IMurray aud the rest of the gentlemen. I am sorry to hear that the gout has lain you up this Some days past. I hope it Avill not be of any duration ; my best wishes for your speedy recovery. Governor St. Clair to General Harmar. Cahokia, May [no date], 1790. Sir : — I had the honor to receive your comrauuications by Captain Armstrong, and have given him my opinion upon the subject ; that it is, at present at least, impracticable, for the reasons which he will priests have withdrawn. Certainly I shall recall them only at the end, and I hope that you will follow the good road, and that the young Avill be in structed, in their duties towards God, towards man, and towards each other. i'ou can assure the Peorias and the Cahokias of my good will on their ac count, and that I will make known to the President of the United States, General AVashington, whoin you know, and who is at this hour the chief of all, both civil and military, the desire they have to return to this country. The commissarj' will give you sonie powder, to aid your people who are in, the hunting-ground. Correspondence, Addresses, Etc. 145 inform you of, as I think it best not to say any thing about it in writ ing.' The situation of things appears to be unpromising with re gard to the Indians and drawing fast to a crisis, but if force must be employed, which I believe it will end in, sorae other way must be fallen upon for supplying the troops than has hitherto been pur sued ; otherwise I should be very sorry to see you engaged in it. I have made pretty strong representations on that head to the Presi dent and the Secretary of War, from the Falls and from this coun try, and I was wicked enough not to be very much displeased to hear that you had been obliged to disperse your garrison to prevent them from starving ; that will have more effect than all that could have been Avritten on a quire of paper ; but to what a situation would you have been reduced if the Indians had invested you then ! It is abominable that an officer should ever be placed in it. I hope you are long ago relieved from it, not to experience it again. Major Doughty has been unfortunate, but has got off as well, or better, than might have been expected, and, it is to be hoped, has accom plished the purpose of his mission. I was under the necessity to make a detachment to the Ohio for provisions, soon after my arrival at Cahokia, at the mouth of which they Avere to be the 10th of last month, but as yet I have heard nothing of the provisions. Mr. Armstrong has been obliged to go up the river for them, and, if he had not, fortunately, met with Mr. Vigo, he had been obliged to return without them, and then we would have had to hunt our way to the Post, for no supply could be had here, and I don't certainly know but that may be the case yet, for I expect sorae Kickapoos here, Avho will probably eat us out ; fine doings, these, are they not? If Doughty had not, luckily, met with sorae flour on his way frora L'Ance de la Graize, I could not have sent for them, though it is very necessary that I should see them. You have doubtless heard of the desertions from Captain Doyle ; the design had taken deep root ; eighteen of them had gone off together and carried away the yellow boat. The boats, however, and, consequently, the men, were separated the night of the execution of the project and three of them Avere contented with the skiff, leaving us in the most diffi cult part of the river without the means of getting to shore; sev eral have gone off since, and it now seems to be stopped. Major Sargent has a letter from Mrs. Harmar of a late date, by which I was happy to hear she as well as yourself and the little folks were in health. I have not been happy enough to hear from lAn expedition intothe Indian country projected by Captain Armstrong. 10 146 The St. Clair Papers. my own for some time past, and am very much alarmed at the ac count of ray little Peg's situation, which he got frora Charles Wil kins, that she was very ill Avith the small-pox and measles both at once ; she has had the small-pox, however, but if any other eruptive fever came on with the measles, there is very little probability that she Avould overcome it. I Avish to God I knew the Avorst, if it has happened, for then I should be easy. I beg you to raake my best respects to Mrs. Harmar, who I hope to see before the end of June yet. Summary Statement of the Situation op the Frontiers by the Secretary of War.' May 27th, 1790. A letter has been received frora the Governor of the Western Territory, dated at Kaskaskia the 7th of March last, containing nothing of importance. The settlements were considerably thinned by the inhabitants moving over the river to the Spanish settlements in consequence of Mr. Morgan's intrigues. Letters from General Harmar, of the 24th March and 5th of April, giving accounts of the depredations of the Indians on the boats going down the Ohio, and also on the advanced settlements of Kentucky [have been received]. These accounts are corrobo rated, and raore information given by Judge Innes and others to Mr. Brown ' to the raiddle of April. The result of this whole inforraation shows the inefficacy of de fensive operations against the banditti Shawanese and Cherokees, and some of the Wabash Indians on the north-west of the Ohio. The whole amount of these bad people may not exceed two hundred. The idea is therefore suggested that a general statement of the in formation received should be raade to the Governor [St. Clair] and Brigadier-General Harmar. The bad effect it has on the public mind, and the importance and necessity of extirpating the said ban ditti, if any practical measures can be devised for that purpose. That at this distance an expedition of the following description would seem sufficient for the purpose : about one hundred Continental troops ^nd three hundred picked militia, raounted on horseback for the sake of rapidity. The militia to be engaged for thirty days, to commence from the day of arriving at the rendezvous. That every thing be in readiness to move at the moment of the arrival of the ' Addressed to the President. -" Member of Congress from Kentucky. Correspondence, Addresses, Etc. 147 militia, each class carrying thirty days' meat and bread along with them. That the disposition be made in such a manner as to get in the rear of the said banditti, if possible. That great care be taken not to act offensively against any well-disposed Indians, although they may not be in alliance with the United States. That the pay and subsistence of the militia, and the hire of their horses, supposing half a dollar per day be allowed each for the hire and risk of each horse, and half a dollar each for the- hire of the horses ofthe troops, and the probable contingencies of the expedition would amount to about thirteen thousand dollars. That the Governor and Brigadier- General Harmar be informed that, upon mature consideration, if in their judgment the said expedition would promise success as to the immediate object of it, tend to strike a terror in the minds of the Indians hostilely disposed, and be highly satisfactory to the people of the frontiers, they are authorized to undertake it im mediately, under such regulations of mustering the militia as shall be directed. That if they should conclude it for the public inter ests to undertake the said expedition, that they take the most ef fectual arrangements to obtain the militia at the time appointed ; and that the militia consist of two majors and four companies of seventy-six non-commissioned and privates each. General Knox to Governor St. Clair. War Office, June 7th, 1790. Sir : — I have the honor to acknowledge the receipt of your several letters of- the 5th and 26th of last January and the Sth of March last, frora Kaskaskia, on the Mississippi, all of which have been laid before the President of the United States.' Tiie information received from the Ohio of the depredations com mitted on that river by some Indians, has excited considerable alarm in the public mind. It Avould seem that the perpetrators of the mischiefs are the same Indians who have for some years past com mitted murders on the people of Kentucky, to-wit : the Shawanese, and the banditti from other tribes joined with them. I have, by direction of the President of the United States, written this day to General Harmar to consult with you upon the means of effectually extirpating the said band of murderers. I have given, generally, the outlines to him of an expedition for that purpose, leaving it to you and hira to decide upon the time and details of its execution. 'The letters of the Sth January and Sth March are missing. 148 The St. Gair Papers. It is certain that no efficient defensive protection can be afforded the frontiers lying along the Ohio against the depredations of single or small parties of savages. The President of the Uuited States is aware of the difficulty of effectually extirpating the said banditti. But he confides in your abilities, and those of General Harraar, to effect it ; and the order for that purpose is to be considered as a standing one, under the restrictions mentioned in my letter,' which, until the object of it shall be accomplished, no exertions or pains must be spared in the attempt. It, however, is to be understood fully that the vengeance of the Union is to be pointed only against the perpetrators of the mischief and not against the friendly nor even neutral tribes, nor that the measures proposed (expedition) should interfere with your plans for a general accommodation with the regular tribes. P. GiBAULT, Priest, to Governor St. Clair. St. Clair County, June 9, 1790. The memorial of the inhabitants of Kaskaskia, La Prairie du Rocher, and Cahokia, County of St. Clair, humbly sheweth, that by au act of the Congress of the 20th of June, 1788, it was declared that the lands heretofore possessed by the said inhabitants should be surveyed at their expense, aud that this clause appears to them neither necessary nor adapted to quiet the minds of the people. It does not appear necessary, because from the establishment of the colony to this day they have enjoyed their property and possessions without disputes or law suits on the subject of their limits; thatthe surveys of them were made at the time the concessions were ob tained, from their ancient kings, lords, or commandants ; and that each of them knew Avhat belonged to him, without attempting an encroachment on his neighbor, or fearing that his neighbor would encroach on him. It does not appear adapted to pacify them, be cause, instead of assuring to them the peaceable possessions of their ancient inheritances, as they have enjoyed it till now, that clause obliges them to bear expenses which, in their present situation, they 'Scouts had been authorized on the borders, but on the 17th July the county lieutenants of Pennsylvania and Kentucky were notifled by the Secretary that such expensive service would be discontinued, and that Gov ernor St. Clair was empowered hereafter to call forth the militia for service, when necessary, through the county lieutenants. Correspondence, Addresses, Etc. 149 are absolutely incapable of paying, and for the failure of which they must be deprived of their lands. Your Excellency is an eye-witness of the poverty to which the inhabitants are reduced, and of the total want of provisions to sub sist on. Not knowing where to find a morsel of bread to nourish their families, by what means can they support the expense of a sur vey, which has not been sought for on their parts and for which it is conceived by them there is no necessity? Loaded with misery, and groaning under the weight of misfortunes accuraulated since the Virginia troops entered their country, the unhappy inhabitants throw themselves under the protection of your Excellency, and take the liberty to solicit you to lay their deplorable situation before Con gress. And as it may be interesting for the United States to know exactly the extent and limits of their ancient possessions, in order to ascertain the lands which are yet at the disposal of Congress, it appears to them, in their humble opinion, that the expense of sur vey ought more properly to be borne by Congress, for whom alone it is useful, than by them who do not feel the necessity of it. Be sides, this is no object for the United States, but it is great, too great, for a few unhappy beings, who your Excellency sees yourself are scarcely able to support their pitiful existence. To these motives they venture to add that of the generosity worthy of a great people ; the taking upon them a burden too heavy for a small nuraber of un happy individuals Avill add luster to their dignity. They venture to hope that the paternal goodness of your Excellency towards your adopted childreu, will induce you to present their humble supplica tion to the honorable Congress, and that you will second it with your protection. They will ever pray to heaven for the preservation and prosperity of your Excellency. General Knox to Governor St. Clair. [Extract]. War Department, July 20, 1790. The reports from Europe state that England is desirous of going to war with Spain, the ostensible cause that the Spaniards took some English ships on the north-western coast of America. You will observe by the papers the high tone of the British Court. If this should be the case, it is quite probable the English might attempt New Orleans and the Floridas. This event is to be deprecated by us, for reasons which will obviously occur to you. Reports have been circulated here that Arnold was at Detroit 150 The St. Clair Papers. about the 1st of June, and that he had twice reviewed the militia. Whether this be true or false, it is said to have arisen from a Mr. Duncan, of Fort Pitt, who was here, and who is said to have re ceived the intelligence from Detroit. Whatever designs the English may have on the Spanish possessions, it is hardly to be presumed that they would march or attempt a passage through the territories of the United States, Avithout first asking leave. I have mentioned these circumstances in confidence, that you and Brigadier-General Harmar may, by coraparing thera Avith other things, endeavor to forra a judgment of events. The execrable perfidy of the banditti who attacked Major Doughty, merits the severest vengeance, and it ought to be executed as soon as circumstances Avill permit. But at present it is concluded most proper to wait the issue of the negotiations which are about to take place with the Creeks. Mr. MoGillivray, and a number of other principal chiefs of the upper and lower Creeks will arrive here to morrow. This visit has been induced by measures executed by Col onel Marinus Willett. This gentleman sailed from this city on the 15th of March last, for Charleston. Thence he proceeded by the back parts of Carolina to the Creek country. The visit of the chiefs seems to indicate peaceable intentions, and a hope is indulged that all differences may be amicably adjusted, as the United States wUl not require any terms inconsistent with justice and huraanity. General St. Clair to General Butler. Pittsburgh, August IQth 1790. S'lr: — The interests of the United States dictating a peace Avith the Indians on the Wabash, if it could be obtained upon reason able terms, I was directed by the President to inform them of the disposition of the general Government on that subject, and to try to effect it. At the sarae time, I was instructed by him to take measures for the security of the frontier country, in the case of their continuiug hostile. The following is extracted from instructions to me: " You will, therefore, inform the said Indians of the disposi tion of the general Government on this subject, and of their reason able desire that there should be a cessation of hostilities as a prelude to the treaty. If, however, notwithstanding your intimations to them they should continue their hostilities or meditate any incur sions against the frontiers of Virginia and Pennsylvania, or against any of the troops and posts of the United States, and it should ap- Correspondence, Addresses, Etc. 151 pear to you that the tirae of execution would be so near as to forbid your transmitting information to me and receiving my further orders thereon, then you are hereby authorized and empowered, in my name, to call upon the Lieutenants of the nearest counties of Virginia and Pennsylvania for such detachments of militia as you may judge proper, not exceeding one thousand from Virginia and five hundred from Pennsylvania. I have directed letters to be writ ten to the executives of Virgiuia and Pennsylvania, informing them of the before-recited act of Congress, and that I have given you these conditional directions, so that they may not be any obstruc tions to such measures as shall be necessary to be taken by you for calling forth the said militia, agreeably to the instructions herein contained. The said militia to act in conjunction with the Federal troo"ps in such operations, offensive or defensive, as you and the com manding officer of the troops conjointly shall judge necessary for the public service and the protection of the inhabitants and the posts. The said militia while in actual service, to be on the Continental establishment of pay and rations; to arm and equip theraselves, but to be furnished with public araraunition, if necessary ; and no charge for the pay of the said militia will be valid unless supported by regular musters made by a field or other officer of the Federal troops, to be appointed by the comraanding officer of the troops." I have noAV to inform you, sir, that there is no prospect of peace with the said Indians at present ; on the contrary, they continue to be very ill-disposed towards the United States in general, and to Vir ginia in particular, and many parties, from the information I have received, are now actually gone to war. The coraraanding officer of the troops, General Harraar, and myself, have, therefore, con certed a plan of offensive operations against them, and in conform ing Avith the above recited instructions, I uoav call upon you, in the name of the President of the United States, for sixty men, rank and file, properly officered, agreeably to the legal establishraent of the militia of your State, to act in conjunction with the Federal troops against the said Indians ; and that they be at the mouth of McMahon's creek, about four miles below Wheeling, on the third day of September next, armed and equipped for a service of sixty days, at least, after their junction with the troops, unless the object in view should be sooner accomplished. The laudable spirit the militia have always shown to repress the incursions of the savages, leaves no room for a doubt but the opportunity to punish them for their many injuries and cruelties Avill be embraced with avidity, but allow me, sir, to observe that it is of the utmost importance that they 152 The St. Clair Papers. be punctually at the place of rendezvous. A failure there might defeat the whole operations. Chevalier Duportail' to Governor St. Clair. Paris [France]. Dear General : — I write this letter, much uncertain if it will be delivered to your hands. I have been told you live in the country uear the Ohio, and that you have been appointed governor of the settlements already made or to be made in that part. I should look upon this, if true, as a very happy circumstance, for I must inform you that twenty-three persons and rayself have raade an acquisition of lands there, and intend to raake a settlement. Two gentlemen, Mr. Barth and Mr. Tiebault, are the first who go over with some cultivators. They Avill be followed by others. I leave with them to explain the project, but in quality of .your late companion of war and always your friend, I beg you to give them every assistance and support, as those gentlemen are not acquainted with the coun try, and the business they have in hand renders it necessary they should have some one to advise with to prevent mistakes and per haps want, and I expect, from your sensibility and kindness, that you Avill be pleased to aid thera. If this first establishment suc ceeds, and the news Ave Avill liaA-e are good, I propose to make pri vately a large one, and send over thirty or forty families next win ter. This plan pleases exceedingly my imagination, for you must know that our present revolution, which, I hope, will turn out hap pily for the people in general, has overthrown the fortune of many individuals, and reduced them to the greatest misery. In this cir cumstance, I raay offer to form an asylum in your fortunate country, and procure thera a better situation, with advantages for myself. In a few years I intend to cross the Atlantic and visit my little col ony. This voyage will have two objects, for I wish also to see again Araerica and so raany persons for whom I shall always have the greatest interest and attachment, and I hope, dear general, to find you yot on the borders of the Ohio. I could perhaps spare my and to you all this bad English, and ' The Chevalier Duportail was the most prominent of the educated en gineers sent to America by France in the Revolutionary AVar. He was raade colonel of engineers, and was afterwards promoted to brigadier-gen- eral. He served under Washington in the Highlands and at Yorktown, and with Greene in South Carolina, and always acceptably. Correspondence, Addresses, Etc. 153 write in French, but I was afraid that, having since the peace no opportunity of communicating with Frenchmen, you have forgotten it. I judge of it by myself, who find now great difficulty to speak English, but I beg you to be persuaded of the sincerity of the sen timents and regard and attachment with which I have the honor to be, etc. Colonel Gouvion ' to Governor St. Clair. Paris, August 21, 1790. Dear General: — If you have not quite forgotten an officer who had the pleasure to serve with you under the standard of liberty, give him leave to introduce to you Messieurs de Tavernol, a French • officer of the Royal Artillery, and de Rocher, who are going to make settlements and become adventurers in the western countries of America. As this is a kind of enterprise in which they are in very great want of counsel, I take the liberty to beg you would aid them with yours, and put them under your iraraediate protection. They deserve it by their sentiments and their good conduct, and I shall be particularly obliged to you for what you will do in their faA'or. Here we are contending for our liberty. There are so many people averse to it, and doing all in their power to oppose the effects of our revolution, that we are going on but very slowly. I hope that the good cause will triumph at last. Many, if not all, of our fet ters are already fallen down, but we want order, of Avhich there is almost a general dissolution. I hope it will come again, and that we shall be free ; if not without trouble, at least without much bloodshed." The politicians of this country pretend that the great English fleet is sailing over to North America to carry you a king. I think 'Colonel Gouvion, one of the four prominent engineers sent over by France during the Revolutionary War. He was a skillful and valuable of ficer, and was advanced from major to lieutenant-colonel iu the American army, and colonel by brevet. After the surrender of Cornwallis, at York- town, he got leave to return to France. This is probably the same Gouvion who became distinguished under Napoleon in 1795 and subsequent cam paigns, became a prominent general, and afterwards was made a peer. 2 Alas! what oceans of blood deluged France soon after this letter of the brave Gouvion. 154 The St. Clair Papers. that that sort of plant would not grow well in your land, and I laugh at that idea.' I am, with great esteem, dear general. Your most obedient servant, Gouvion. 'For St. Clair's description of the settlement of the French on the Ohio, see his letter to the Secretary of War, Noveml^r 26, 1790. He received nu merous letters from his French acquaintances, and also from the American representatives at Paris. One from Mr. Short introduced a marquis, a dep uty of the noblesse to the National Assembly, who had purchased lands on the Scioto. The following letters will be rea.l with interest: Joel Bablow to Governok St. Clair. Paris, France, February 28, 1790. Sir : — I took the liberty, a few days since, to give you some account of my operations as agent for the Scioto Co.mpany, and to address to your no tice and protection a number of industrious and honest emigrants, who have gone under the direction of Messrs. Barth and Thiebauld. This emigration, I am convinced, will increase to a great number. They will be well attached to your government; and while they increase the strength and respectability of the colony, I hope your Excellency will find them amongst tho best of citizens over whom you preside. Mr. Hinckston, who will do me the honor to hand you this, is an English gardener, who carries with him a great variety of trees, vines, plants, and seeds, which may be useful in that country. I think his knowledge and in tentions will render him a useful settler, and, with this prophecy, I take the liberty of requesting that you would give him such notice and protection as may be advantageous to him and the settlement. Joel Barlow to Governor St. Clair. Paris, April 17, 1790. Sir.— The Viscount de Malartie,' who will do me the honor to hand you this, is a young gentleman of good family, property, and character. He and his friends have purchased considerable lands of the Scioto Company, and he goes to begin the settlement for them. As I consider these people who go this season as being the leaders of extensive emigrations to that country, I am anxious on that account, as well as on the common principles of justice and humanity, that they should find themselves happy. I have taken the liberty in several instances to recommend such emigrants to your Excellen cy's protection and friendship. I do it with more confidence, as I am con vinced that they will be sober, industrious citizens, and that they will, by their increasing numbers, add great strength and wealth to your govern ment. (1) The Viscount Malartie afterwards became a volunteer aid-de-camp on the staflf ot Major-General St. Clair, and was wounded at lhe battle witli the Indians, Novem ber 4, 1791. Correspondence, Addresses, Etc. 155 Governor St. Clair to the Secretary of War. New York, August 23d, 1790. The letter from Major Haratrarack, and journal of Mr. Garaelin,' 'The report of Antoine Gamelin, which alone concerns our storj', and which has a deep interest to all who would understand the nature of the conflict of a hundred years ago, between civilization and barbarism, is as follows: Mk. Gamelin's Journal. I, Antoine Gamelin, by order of Major Hamtramck, set off from Port Knox the 5th of April, to proceed to Miamitown, with the speeches of his Excellency, Arthur St. Clair, and to receive the answer of the Wabash and Miami nations. The first village I arrived at is called Kikapouguoi. The name of the chief of this village is called Les Jambes Croches. Him and his tribe have a good heart, and accepted the speech. TThe second village is at the river du Vermillion, called Piankeshaws. The first chief, and all the chief war riors, were well pleased withthe speeches concerning the peace; but they said they could not give presently a proper answer, before they consulted the Miami nation, their eldest brethren. They desired me to proceed to tlie Miamitown, and, by coming back, to let them know what reception I got from them. The said head-chief told me that he thought the nations of the lakes had a bad heart, and were ill-disposed to the Americans ; that the speeches would not be received, particularly by the Chaouanons' at Miami- town. The 10th of April I met thirteen Kickapoo warriors; I asked them the purpose of their journey. We are for war, said they, not against the white people, but against the Chickasaws. I told Ihem to be friends witb white people; I gave thera a letter for the commanding officer of Post Vincennes, desiring them to go and shake hands with him. They promised to do it. The llth of April 1 reached a tribe of Kickapoos; the head-chief and all the warriors being assembled, I gave tjiem two branches of white wampum, with the speeches of his Excellency, Arthur St. Clair, and those of Major Hamtramck (it must be observed that the speeches have been in another hand before me). The messenger could not proceed further than the Ver million, on account of some private wrangling between the interpreter and some chief men of the tribe. Moreover, something in the speech displeased them very much, which is included in the third article, which says: "I do no'iv make you the offer of peace; accept it or reject it, as you please." Theso words appeared to displease all the tribes to whom the flrst messenger was sent. They told me they were menacing, and, flnding that it might have a bad effect, I took upon myself to exclude them, and, after making some apology, they answered that they and their tribe wore pleased with my speech, and that I could go up without danger; but that they could not presently give me an answer, having some warriors absent, and without consulting the 1 By these are meant the Shawanese. 156 The St. Clair Papers. copies of which accompany this, were received by me at Kaskaskia, Ouiatanons, being the owners of their lands. They desired me to stop at Quitepiconnae, that they would have the chiefs and warriors of Ouiatanons, and those of their nation, assembled there, and would receive a proper an swer; they said that they expected by rae a draught of milk from the great chief and the commanding officer of the Post, to put the old people in good humor; also, some powder and ball for the young men for hunting, and to get sorae good broth for their women and children; that I should know a bearer of speeches should never be with empty hands. They promised me to keep their young men fnmi stealing, and to send speeches to their nations in the prairies to do the same. One of the chiefs desired me to listen to his speech; " Is it true that a man called Lewis Loder has, in last summer, car ried a' letter, wrote with red ink upon black paper, directed to the chief of the Falls, by the French and American people of the Post, inviting him to furnish his young men for to destroy the Kickapoos? Yourself, Gamelin, you wrote the said letter, without giving notice to the chiefs of that place, as reported to us. But the chief of the Falls answered : ' I don't understand the meaning of writing a letter with Vermillion; don't you know that the Kickapoos are my children, as well as other nations? Instead of destroying them, I want to contract a solid peace with them.' That is a proof of a good heart of the great chief, and we sincerely believe that what you saj' concerning the peace is very true. Another proof of his good heart: we heard that Ducoign applied to the commanding officer of the Post for to go against us, with the French people, his brethren, but he got a refusal." The 14th April, the Ouiatanons and the Kickapoos were asserabled. After my speech, one ofthe head chiefs got up and told me: "You, Gamelin, my friend, and son-in-law, we are pleased to see you in our village, and to hear by your mouth the good words of the great chief. We thought to receive a few words from the French people, but I see the contrary; none but the Big-knife is sending speeches to us. You know that we can terminate nothing without the consent of our elder brethren, the Miamis. I invite you to proceed to their village, and to speak to them. There is one thing in your speech I do not like; I will not tell of it; even was I drunlc, I would perceive it; but our elder brethren will certainly take notice of it in your speech. You invite us to stop our young men. It is impossible to do it, be ing constantly encouraged by the British." Another chief got up and said: "The Americans are very fiattering in their speeches; many times our nation went to their rendezvous. I was once myself. Some of our chiefs died on the route, and we always came back all naked, and you, Gamelin, you come with a speech, Avith empty hands." Another chief got up and said to his young men : "If we are so poor, and dressed in deer skins, it is our own fault; our French traders are leaving us and our villages, because you plun der them every day, and it is time for us to have another conduot." Another chief got up and said : " Know ye that the village of Ouiatanon is the sepul- cher of all our anceftors. The chief of America invites us to go to him, if we are for peace; he has not his leg broke, having been able to go as lar as the Illinois; he might come here himself, and we should be glad to see him at our village. We confess that we accepted the axe, but it is by the re- Correspondence, Addresses, Etc. 157 after my return from Cahokia ; and when I was on the point of set- proach vve continually receive from the English and other nations, which received the axe first, calling us women ; at the present time, they invite our young men to war; as to the old people, they are Avishing for peace.'' They could not give rae an answer before they received advice from the Miamis, their elder brethren. The 18th April, I arrived at the Eiver a I'Anguille. The chief of the vil lage, and those of war, were not present. I explained the speeches to some of the tribe; they said they were well pleased, but they could not give me an answer, their chief men being absent; they desired me to stop at their village coming back, and they sent with me one of their men to hear the answer of their eldest brethren. The 23d April, I arrived at the Miamitown; the next day, I got the Miami nation, the Chaouanons, and Delawares, all assembled. I gave to each nation two branches of wampum, and began the speeches, before the French and English traders, being invited by the chiefs to be present, hav ing told them myself I would be glad to have tbem present, having nothing to say against any body. After the speech, I showed thera the treaty con cluded at Muskingum, between his Excellency, Governor St. Clair, and sun dry nations, which displeased them. I told them that the purpose of this present time was not to submit them to any conditil Knox: Mount Veknon, Norember ith, 1790. Sir: — I have received your letter of the 25th ultimo, with its inclosures. I am apprehensive that Governor St. Clair's communication of the object of the expedition to the ofEcer commanding at Detroit has been unseason able, and may have unfavorable consequences. It was certainly premature to announce the operation intended until the troops were ready to move, since the Indians, through that channel, might receive such information as Tvould fustrate the expedition. I am, sir. Your most obedient servant, Geo. Washinqton. Correspondence, Addresses, Etc. 187 the sole design of humbUng and chastising some of the savage tribes whose depredations are become intolerable, and whose cruelties have of late become an outrage not on the people of America only, but on humanity, which I now do in the most unequivocal manner. After this candid explanation, sir, there is every reason to expect, both from your own personal character and from the regard you have for that of your nation, that those tribes will meet with nei ther countenance nor assistance from any under your command, and that you will do what in your power lies to restrain the trading people, from whose instigations there is too good reason to believe much of the injuries committed by the savages has proceeded. I have forwarded this letter by a private gentleman in preference to that of an officer, by Avhom you might have expected a communica tion of this kind, that every suspicion of the purity of the views of the United States might be obviated. Judges Symmes and .Turner to Governor St. Clair. Fort Washington, October Qth, 1790. Sir: — As it will be necessary to provide, as soon as possible, a seal for the General Court of the Territory, and also seals for the County Courts of Comrnon Pleas and Probate, we take the liberty of sub mitting to your Excellency the propriety of an application to Con gress for defraying the charges of cutting them. Mr. Turner has undertaken to furnish the device. In the prosecution of our duties on the circuits we have already incurred, and must on every like occasion incur, some incidental ex penses, which it would but ill comport with the salary at present al lowed to a Judge of the General Court to defray. It is every-where acknowledged that the bench should be preserved independently. And on this principle the several States have allowed compensation to their, judges for extra expenses occasioned by the circuits, either by paying such on producing accounts at the treasury, as in Penn sylvania ; or, as in New Jersey, by allowing to each judge a fee for every circuit court he holds. Your Excellency Avell knows that, as things are ordered in this Territory, the Judges of the General Court must employ the whole year on the circuits, unless they may happen to snatch a small portion of it for the purpose of legislating; and that this much must require a journey of one or the other of them to complete the number required to legislate. We beg leave to add here, with 188 The St. Clair Papers. great deference, that the allowance to the bench is not, of itself, of that ample nature which the duties of the office and the expenses, fatigues, and danger unavoidable on these wide-extended circuits, seem in our opinion to require. We humbly conceive, therefore, that some additional provision will not be refused, whether it be for payment of incidental expenses actually incurred ; or as a fee on every court held. We now, presume, sir, to request that you will be pleased to submit the substance of this letter to the consideration of the su preme authority of the United States, at the approaching session of Congress. Governor St. Clair to the Secretary of War. Fort Washington, Oct. 29, 1790. Sir : — I have the pleasure to inform you of the entire success of General Harmar at the Indian towns on the Miami and St. Joseph Rivers, of which he has destroyed five in number, and a very great quantity of corn and other vegetable provisions. It is sufiposed that about two hundred of the Indians likewise have fallen in the different encounters that have happened between them and the detachment, for there has been no general action ; but it has not been without considerable loss on our part. The particulars I can not give you, as the officer (Ensign Britt) who was charged with the General's dispatches is not yet arrived, and there is some reason to fear he may be killed or taken, as the party, which con sisted of six only, were fired upon by the Indians about one hun dred and twenty miles from hence and dispersed. Three of them are come in, and from them I have this intelUgence, which may, I believe, be depended upon so far as it goes. Of the Federal troops. Major Wyllys and Lieutenant Frothing ham and seventy-seven men ; of the militia. Major Fontaine, Captain McMurtry, and Captain Scott, a son of General Scott, and seventy- three men, are among the slain. It is said that the Indians, though they could not be brought to a general action, fought by detach ment in a very determined and desperate manner. The moment Mr. Britt arrives, or I can get an authentic account, it shall be for warded. As there are now several vacancies in the regiment, Avill you allow me to bring to your recollection Mr. Hamilton Armstrong, a young gentleman who has served as a volunteer for two years, I -believe. I know him to be a deserving young man and a good Correspondence, Addresses, Etc. 189 woodsman, and has on several occasions been intrusted with the command of detachments, and always acquitted himself with much propriety. Governor St. Clair to the Judges. Fort Washington, October 27, 1790. Gentlemen:— L&yjs upon the following subjects ' seem to me to be much wanted iu the Territory— no doubt there are others equally necessary which will have occurred to you. I shall be happy that we might compare our ideas upon them, which will be a means of forwarding their coming into operation, and any other regulation 'A law to alter the terms of the Court of Common Pleas from twice in the year to four times, and increase the number of judges. A law to em power the Governor to divide the counties into districts wherein Courts of Common Pleas and general and special sessions ofthe peace shall be held as is directed for the counties iu cases where the local situation of the inhabit ants would render the administration of justice difficult if the said courts were held at one place in a county only, while the inhabitants are not suf flciently numerous to admit the erection of a new county, and to confirm the districts appointed by proclamation in the county of St. Clair .1 A law to authorize and require the Courts of General Quarter-session of the Peace to divide the counties into townships, and to alter and increase the same from time to time, as it may become necessary; and to appoint, at some certain session, annually, constables, supervisors of the highways, and overseers of the poor; to define the duties of those officers, and to increase the quorum of the said court. A law to authorize the said courts, upon the petition of the inhabitants, not less than to lay out, at the expense of the petitioners, highways, by ap pointing a fit number of indifl'erent persons to view and survey the same ¦and before conflrmation upon application to grant reviews, the survey to be recorded on the docket. A law to lessen the expense of law suits, by rendering it unnecessai:y to put the proceedings on psiper, a short note made by the clerks on the docket of the pleas, and answer all the purpose — for example: Capias Debt, Dm.B. B. Special Bail, April 1st, was flled — non est factum, and prays oyer — factum and issue, June court, August court — rule to take the affidavitof , December. Judgment of . Enter jurors' names and verdict. A law to empower the Governor to license taverns and vendors of spiritu ous liquors in quantities less than one gallon, and suppress tippling houses. An excise law. A JTee Bill. A law to regulate hunters. March Term. Wilson, John Stokes vs. Lewis T. Stiles. (1) The justices are not appointed for the districts, but the counties; the counties. are divided into districts, and courts were ordered to be held in them. 190 The St. Clair Papers. that strikes me I shall communicate from time to time, and shall always be happy to concur with you in any thing that appears to promise the happiness and prosperity of the people who are commit ted to our care. Governor St. Clatr to Secretary of War. Fort Washington, November 6, 1790. Sir : — On the 29th of last month, I had the honor to inform you generally of the success that attended General Harmar. I could not then give you the particulars, as the 'General's letters had not reached me (the officer, however, who had them in charge, got in a few days afterwards) ; it is not now necessary, because he writes himself. One thing, however, is certain, that the savages have got a most terrible stroke, of which nothing can be a greater proof than that they have not attempted to harrass the army on its return. They arrived at this place on the 3d instant, in good health and spirits. There is not yet any account from Major Hamtramck ; I trust he also has been successful ; but this, I think, is certain, that no great misfortune can have happened to him, for in that case, we should certainly have heard of it. Mr. Denny,' the gentleman who takes General Harmar's dis- jDatches, I beg leave to mention to you in a particular manner ; and if Y(m will be pleased to do so to the President in his favor, you may be assured he will not disappoint any expectations that may be formed. He has every quaUty that I could wish a young man to possess that meant to make the army his profession. There are, however, some traits in his character as a man, that are not gener ally known, that would endear him. Out of the little pittance he receives, he has maintained two good aged parents for a long time. Governor St. Clair to the French Inhabitants. Gallipolis, November 21, 1790. Gentlemen:- — It was with great pleasure I heard of the arrival of a number of Frenchmen in this country, bound to each other as the French and Americans are by the dearest of all ties. I hoped that here they would have found that independence and happiness which is the reasonable wish of aU mankind ; aud, although it may have ^ Lieutenant Ebenezer Denny. Correspondence, Addresses, Etc. 191 been delayed, it is my fervent wish, as it is a well-grounded hope, that it has been only delayed. I feel, gentlemen, very sensibly, your situation, and nothing on my part shall be wanting to render it as agreeable as circum stances will admit of; but, in the establishment of new settlements there are difficulties to be encountered ; patience and perseverance will get the better of them, and when they are got over, they become real pleasures on reflection. I know the generous sentiments of Frenchmen too well to fear that difficulties arising from the nature of the case can discourage them. I am altogether unacquainted with the nature of the contract that has been made with the Scioto Company, or what may be the spe cific pretensions of individuals. The laws of the country wiU, however, compel justice to be done, and those laws will be extended to you as early as it is possible. They can know the Scioto Com- pajiy as an individual only, and their course must be general ; you wiU, therefore, readily perceive the impossibility of a person being ' appointed to judge expressly between the colonists and that com pany. Courts will be estabUshed, where justice will be duly and regularly administered according to the laws, and where neither fa vor nor influence will have any weight; and it will be among the first matters I shall attend to, after my arrival at Marietta, to make those arrangements for your security and peace ; but, as they must all pass through the Secretary's office, they can not be taken earlier. After having borne with the difficulties of your situation hitherto, I entreat you to bear with them yet but a very little longer, for I am as strongly impressed with the necessity of an established po lice, as well as a militia, as you yourself can be ; and, be assured that it is my warmest wish that you may find in the land of liberty that happiness which is the reward and the incentive to an active life, to procure which for you, gentlemen, you may depend upon my best endeavors. I thank you, gentlemen, very sincerely, for your good wishes. Thomas Fitzsimmons to Arthur St. Clair. Philadelphia (without date).^ Dear Sir : — Soon after you left us, a meeting was held between ' Though this letter is without date, yet, from the reference made to the election of Eepresentatives to Congress, and the allusion to the opposition, I am inclined to flx the period just after the formation of the State constitu tion. The effort of the Federalists was unavailing, even with St. Clair as a 192 The St. Clair Papers. some members of Convention and Assembly, when it was agreed that you should be proposed to the people to fill the seat of chief magistrate. I did not attend the meeting, nor do I know, particu larly, who the individuals were that composed it. I have reason to believe they were men in whose opinions the people would place re liance, and that they would take pains to promote the measures they agreed to. By the dissolution of the Legislature, the election for Federal representatives is of necessity delayed till a bill can be passed by the succeeding one, and this leaves me at liberty to take a part in the present business without trespassing on the delicacy which I should feel if I was personally concerned. By Avay of calling the attention of our country friends to this subject, a few of us met and agreed to a letter, which we signed, and have directed to some persons in each county. I have inclosed one, that you may judge of the propriety of it, if you should hear it questioned, and to convince 3'ou that some of your friends Avill not spare pains to accomplish what they believe would prove highly advantageous to our country. I have Avritten to some friends, too, on the subject, to apprise them of our zeal and activity. What the effect may be I do not undertake to predict, but the confidence I have in the good sense of the people of Pennsylvania will not permit me to despair. I am sorry, hoAvever, to observe that there is a timidity in some of the people to Avish Avell to the opposition, Avho are yet deterred from giving offense to the other candidate. If any thing was necessary to enforce the necessily of an opposition, this might so have that effect ; for, if before the issue is known that sort of an apprehension is entertained, how much greater aauII it be when possession gives power and influence ? In any event, I conceive it to be a duty to contend for what is right, be the issue as it may. Having but just heard of this, I have not time to be very particular. I can only assure you that every support Avhich I can give may be relied on, from a persuasion that, if Ave can accomplish our object, the State of Pennsylvania will be happy under your administration. Governor St. Clair to the Secretary of War. Marietta, November 26ft, 1790. Sir : — I have the honor to acknowledge the receipt of your letter of the 14th of September, Avhich I met with on my return, on the candidate. General Mifflin, who was a plausible, popular leader, espoused the- cause of the opposition, and won. Correspondence, Addresses, Etc. 193 20th instant. It was so long upon the way that it would have been impracticable to have taken measur'§s I contemplated had they been approved and directed. I confess, however, I feel some regret that an estabhshment at the Miami village Avas not deemed proper, be cause I had considered it as the best result of a successful campaign, ¦ and the surest means of obliging the Indians to be at peace with the United States ; and it does not appear to me that near so great a force as you mention would have been necessary. I iDeUeve three hundred men would have been quite sufficient ; they were upon the ground; had artillery with them, and there were provisions enough of the bread kind at least, which they were obliged to destroy, to haA^e served them for a twelvemonth. In three Aveeks' time, Avith the aid of the militia, they might have put themselves in a situation not to be insulted, and the miUtia would have staid for that pur pose. It is true, sir, that I stated the force the Indians might prob ably bring into the field at eleven hundred men. I believe it is in their power to draw together that number at that place in a short time, and that so great a number did not meet General Harmar, was most probably OAving to Major Hamtramck's diversion, but it is not in their power to keep them long together. They are totally unacquainted with economy in the use of their provisions, and it re quires arrangements to which they are strangers to provide for eleven hundred men, eA^en in a country where provisions can be ob tained by other means than hunting. I was fortified in my opinion with respect to the usefulness of that post by that of a sensible Wyandot, which you haA'^e in some one of my letters, "that we never would have peace with the Western Nations until Ave had a garrison there." If, hoAvever, it Avould in the least have interfered Avith general measures Avhich haA'e been directed (Avhich must em brace much greater and more important objects), I am A'ery glad that it has not taken place.' At any time hereafter, should it happen that the posts are not 'Governor St. Clair had suggested the advisability of building a fort on the Miami ofthe Lake, in ca=e ofthe success ofthe military expedition, and had asked for authority for that purpose. In his reply, General Knox re fuses the authority, and gives as a reason the large force that would have been required to maintain the post, and the expense that it would involve. These reasons were not suificient. If it had been done when Harmar was on the ground, the disaster of the following year would have been averted, and peace obtained much sooner than it was, and at less expense. We shall see that in 1791, such fort was authorized, but it was then too late — the enemy were prepared. VOL. II — 13 194 The St. Clair Papers. given up conformably to the treaty of peace and the Miami should be thought of, I believe the posts of communication should neither be on the Wabash nor on either of the Miami Rivers. Three, I sup pose, Avould be all that are necessary, and they might be very small ones at that. Of the Great Miami of the Ohio, one at the crossing of the Piqua fork, if it should be found that the road would take that direction, ijut I believe it would pass to the Avestward of it al together;' and a third at the crossing of the Miami of the Lake. The Avhole distance is very little, if at all, above hundred miles in a direct line from Fort Washington. It is certain that no post that can be established, how respectable soever it may be, Avill so entirely overaAve the Indians as to prevent every depredation, more especially when there is another nation in their neighborhood Avho court them, and who instigate them to those depredations. For AvhatcA^er they may say (and I hope it is true that the British government does not countenance it), they are prompted to much ofthe mischief they do by the British traders, and you Avill see by Mr. Meigs's letter^ to me, a copy of which I have inclosed, that they meet Avith encour agement from other quarters than the traders. Mr. McKee's being among them distributing ammunition and stores at the moment they were to be attacked, looks so like the support of Government, that it is impossible they should view it in any other light. I step per haps beyond my sphere, but I can not help asking if it is not a proper subject of national complaint ? I inclose you, likewise, a copy of a letter from the commander at Detroit, in answer to mine by Mr. Meigs. The prisoners Avhich he mentions to have been taken by the Saquina (?) nation, and makes a merit of having sent to Fort Pitt, I have as yet no particulars of. The Saginaws are under the absolute influence of the Indian agent at Michilimackinac, and it is knoAvn that he has sent parties to the Ohio, even without the consent, and contrary to the orders of the commanding officer there. The sending those lately to Pittsburgh was a shalloAV artifice. It Avas obviously to gain intelligence, and Avas too thinly covered not to be seen through. Why else Avere they ' That is, if the road from Port Washington to the Indian towns on the headwaters of the Maumee took that direction. This statement leaves Fort Washington to be considered as one of the three forts. In 1 791, the plan was changed so as to include a post just west ofthe Champaign country (favorite hunting grounds), in what is now Darke County, Ohio. 2 The letter written by Keturn J. Meigs, Jr., has not been found among the St. Clair Papers, or in the files of the War Department. Correspondence, Addresses, Etc. 195 not sent to the nearest post? Your letter of the 19th of May,' re commending to my attention the French Avho have arrived in this country, was also delivered to me on the river. I am persuaded that some protection will be necessary for them as Avell against the sav ages as at least to support the civil authority, which Avill be estab lished in the settlement forming near the Kanawha, as soon as posi- ble, and in all the others, as they take place. I stopped part of a day at Gallipolis, which is the name they have given that establish ment, and found about four hundred persons there, in a very discon tented and mutinous disposition a great part of them. I A'ery much fear that much disappointment and chagrin Avill attend this project, and that an interested speculation of a fcAv men, pursued Avith too great avidity Avill reflect some disgrace upon the American char acter, Avhile it inA''olves numbers in absolute ruin in a foreign land. Nothing, hoAvever, that depends upon me shall be wanting to render their situation as eligible as circumstances Avill admit, for it is cer tainly important that they should ultimately succeed. Their suc cess, however, can never in any degree answer the expectations that have been raised. I presume, sir, it Avill be necessary to be explicit Avith General Harmar on the subject of the protection he is to afford them. The dispersed situation of his regiment, and the inconceiv able fatigues the men are exposed to upon this river, in searching 'In his letter of the 19th of May, General Knox said that a number " of French gentlemen, of respectable character, had arrived in the United States, in order to settle on lands contracted for by Messrs. Cutler & Co. They propose at present to form two settlements, one opposite the mouth of the Kanawha, and the other not far from the Scioto. The first settlement will be by the Chevalier Bre de Bouvin, and the other by Monsieur de Barth, a member of the National Assembly. These gentlemen, alarmed atthe reports of Indian depredations, have applied for the protection of the United States." General Harmar was, therefore, to be authorized to station a com pany at that place. "You will be sufficiently impressed with the importance and propriety of affording them all the countenance and protection their circumstances may require and your situation admit." The sad story of these French emigrants is familiar to every reader of American history. After being swindled through the agency of Joel Barlow, set down upon lauds to which no title could be given, they, fresh from the streets of gay Paris, were confronted with the task of making a living on land covered with heavy timber, in a country filled with hostile natives. Many died in the attempt, others made their way to St. Loui.s and New Orleans, and a few remained. In 1795, Congress donated twenty-four thousand acres in the south-eastern part of what is now Scioto County, Ohio, for the benefit of the sufferers. 196 The St. Clair Papers. for provisions and escorting it from place to place, and their frequent want of it altogether, puts but little in his power. I got to this place Saturday, iu conipany Avith the remains of Captain Zeigler's and Captain Hart's companies, which form the garrison at Fort Harmar; but there is notan ounce of provisions of any kind for them, nor is it known when any Avill arrive. The consequence is that provisions must be obtained from the inhab itants ; but what can an .infant settlement like this supply ? You have now a new set of contractors. It is to be hoped — no, it is to be wished — that they may do better, but it is scarcely possible. The contract Avas at a price before at whieh the supplies could not be furnished Avithout loss. It is now at a loss, and the poor soldiers will be the sacrifice. The small articles Avhich form a material part of their small ration will never be furnished at all, as they have heretofore been but A'ery seldom furnished, and the money that should be paid for them Avill sink in their own hands for some trifling article sold them at an extortionate rate ; for the soldier Avill take any thing in exchange for a piece of paper, which he has no other way of taking care of than in his knapsack. Excuse me, sir, I pray you, for these observations ; I know they need an excuse, but I have been a witness to so many instances of that kind that I can not suppress my resentment. There were no accounts from Major Hamtramck that could be called authentic Avhen I left Fort Washington. Whatever they may be, you will most probably receive them overland before they reach this place ; but a person who arrived there from Kentucky two days before my departure, reported that he had seen the command ing officer of one of the battalions who had been upon the expedi tion, who told him that the militia were all returned; that the In dians fled before them wherever they appeared ; that four of their villages and all their provisions had been destroyed, and that they had not lost a single man. I pray God the information may be near the truth. The success will then be as complete as it could have been wished, and the first news we hear will be an humble suppli cation for peace.' Should that, however, not happen soon, I will find out through the Wyandots, and take measures to let them knoAV that it will not be refused to them if they desire it on reason able terms. The messages to the Ottawas and Chippewas, General 'In this St. Clair and the President were disappointed. The influence of the British and the effort of Brant to establish a confederacy, restrained the Indians, .ind led them to believe it possible to drive the whites back across the Ohio. Correspondence, Addresses, Etc. 197 Harmar did not find an opportunity to send forward. I shall send them yet, with another adapted to the occasion.' Major Hamtramck to Goveenor St. Clair. Fort Knox, Post Vincennes, December 2, 1790. /Sir : — I hope your Excellency Avill excuse me if I take the liberty of writing on a subject so remote from the duty of a soldier. I do it because you have requested it of me in your letter of January 23, 1790, and if I have not communicated my sentiments before, it Avas from an apprehension that they might be contrary to the general opinion of Indian affairs. They are now presented to your Excel lency with full expectation that it will not be ascribed to arrogance or ostentation on my part, it being the result of the purest intention. On those calculated expectations I will speak freely, and give as my opinion that nothing can establish a peace with the Indians as long as the British keep possession of the upper forts ; for they certainly are daily soAving the seed of discord betAvixt the measures of our Government and the Indians. Perhaps the Indians Avill call for a peace early this spring. If so, I can assure you that I am not mistaken if I prognosticate that it Avill be done to deceive us, and ought not to be granted before Ave have another expedition, and have established respectable garrisons in the most important parts of their country ; then Avill we be able to make peace on our conditions, and not on theirs. The Indians never can be subdued by just going into their towns and burning their houses and corn, and returning the next day, for it is no hardship to an Indian to live without ; they make themselves perfectly comfortable on meat alone ; and as for houses, they can build them Avith as much facility as a bird does his nest. As for obtaining any advantage of them in action, there is, in my opinion, very little to be calculated on that head ; for they will uot fight without having a decided advantage over their enemies, and if they find they can not meet them, they always have a sufficient country, which aflfords them a secured situation. Should Government be disposed to carry on an expedition in the spring without establishing garrisons in their country, I Avould then beg the permission to suggest an idea, which Avould be to surprise them in their towns, and which can be done by having all the men mounted on good horses, and every man to be his own commissary ; 1 Which was done, but without favorable result. 198 The St. Clair Papers. that is, he should furnish himself with provisions for so many days ; by that means a large body of troops would be able to perform (with probability) such an expedition undiscovered, and with very great dispatch. This plan appears to me to be the most eligible one that can be adopted ; for if the United States Avant to chastise the Indians, there is no other Avay to do it with success than by sur prising them in their toAvn or camp. Another observation Avhich I beg to make, that, admitting a treaty should take place this spring, the people of our frontier Avill certainly be the first to break it. The people of Kentucky Avill carry on private expeditions against the Indians and kill them Avhenever they meet them, and I do not be lieve that there is a jury in all Kentucky who would punish a man for it. These combined circumstances, sir, make me think that, until Ave are securely intrenched in the Indian country, we never can be sure that peace is fully established ; for as the thirst of war is the dearest inheritance an Indian receives from his parents, and vengeance that of the Kentuckians, hostility must then be the result on both sides.' General Washington to Goateenor St. Clair. [Private.] PHILADELPHIA, Jan-uary 2, 1791. Dear Sir : — In the journals of the proceedings of the Executive in the North-western Territory, there appears to be certain regula tions made by the Executive under the articles of the 25th of April, Gth, 28th, and 29th of June last, which can, with propriety, only be established by laws. '•' In noticing these, my mind naturally recurred to your letter to me dated at Cahokia, on the 1st of May last, wherein you observe that the absence of the Judges had embarrassed you a great deal; and, after Availing for them as long as possible, you had been under the necessity of directing by proclamation certain regulations, suited to the peculiar circumstances of the country. These you had no doubt would be soon confirmed by law, and the necessity of the cage of fered an excuse for having exceeded your proper powers. The imperfect state in Avhich the legislation of the North-western 'This letter shows a very clear apprehension of tho situation and knowl edge of the Indian character. There is no writing of the period that de serves a closer study. ''This refers particularly to the division of the Illinois country- into three judicial districts, the necessity for which was fully set forth by St. Clair in his communication to the President. Correspondence, Addresses, Etc. 199 Territory is, the want which the ExecutiA'e has often felt ofthe nec essary coadjutors to adopt even the most urgent laws, and the pecu liar situation of a frontier country, are circumstances which may not strike every one who Avill observe that the Executive has gone beyond his proper poAvers. It, therefore, becomes a matter of high importance that the utmost circumspection should be observed in the conduct of the Executive, for there are not wanting persons who would rejoice to find the slightest ground of clamor against public characters ; and paying no regard to the absolute necessity of the case, Avhich caused a momentary stretch of poAver, nor the public good which might be produced by it, they Avould seize the occasion of making impressions unfavorable to Government, and possibly pro ductive of disagreeable effects. I have, therefore, thought it best to giA'e you this intimation in a private and friendly letter, that by circumspection malice may be disarmed. Captain de Luziere to Governor St. Clair. Pittsburgh, February 20, 1791. My General: — I profit Avith pleasure of the opportunity of M. Thibaut, who returns to Philadelphia, to have the honor of present ing you my respects, and to hand over to you the letter here in closed, which I received from the messenger of M. Daubigny, my friend, whom I have left at Buffalo Creek. You Avill there read the details, most touching, of a new scene of horror committed by the savages in the environs of BuflFalo. Since then they have mul tiplied upon all points of the Ohio. There is not a single doubt that all the Indians are agreed to make war and to destroy all the settlements formed on the right bank of La Belle Riviere. I be lieve it my duty to inform you, my general, that one is not even without inquietude in this town, Avhere the citizens assembled them selves yesterday to advise as to measures to be taken in case of in cursions on the part of the Indians. I flatter myself that Ave shaU not have to Avait long to see you here again. Your presence will surely contribute much to tranquilize their minds. I shall be very glad personally to be in a position to pay you my respects, and to repeat to you viva mce the assurance of the sentiments of infinite respect. 200 The St. Clair Papers. Lieutenant Denny to General Harmar. Philadelphia, March 9, 1791. Dear General : — The great people here have at length determined to carry on another carapaign against the savages upon a more ex tensive plan than the last. In the meantime, they have thought it necessary to order a temporary expedition, entirely of militia, for the purpose of amusing the Indians and to prevent them from com mitting any further depredations on the frontiers. Mr. Brown, of Congress, is furnished with ten thousand dollars for this business. G. K.' took up so mueh time in forming his report for Congress, and both houses debated so long upon it, that I am doubtful Avhether men can be enlisted for this grand object and marched OA'er the mountains in season ; the encouragement will not be sufficient, though six dollars bounty is to be given. I Avas in hopes that Avhen these military arrangements Avere all settled that G. K. Avould dis patch me for headquarters, but I am noAV afraid he means to detain me to recruit.^ Armstrong has received his instructions, and began this day ; Beatty and myself are yet waiting in suspense. I wish most sincerely to be with you, for I am perfectly sick of the court and all courtiers. '¦ General Knox. 'Congress authorized the increase of the regular force to three thousand men, and the employment of militia, so as to make the force not less than threethousand men for field service. The President appointed 'Governor St. Clair MaJDr-General, and placed him in command ofthe army. Colonel Eichard Butler Avas promoted, and placed second in command. It was resolved to make a campaign against the Indians in the summer, and the Secretary of War agreed to have the troops at Fort Washington in July. It will be seen from the correspondence here offered that the recruiting went on indifferently, and that as late as September the army promised had not been supplied. General Knox then directed General St. Clair to make up the deficiency from the militia; tiat when the troops finally went to the field they were raw, without discipline or harmony of organization ; that the quartermaster and contractors failed in every particular, and that the con struction of forts and roads, as ordered, delayed the march until after frost, wheu the forage was destroyed; and that in all respects the government and its agents had failed to fulfill promises, and by this failure success was ren dered impossible. What St. Clair accomplished, under the adverso circum stances, was really reraarkable, and is evidence of his great activity and will-power, as for weeks his orders were delivered largely from a sick bed, on which he was prostrated with his old enemj', the gout. For an account of the campaign, see Vol. I., pp. 167-185. See also letter of General Wash ington to Colonel Darke, April ith, post, 203. Correspondence, Addresses, Etc. 201 Captain Beatty writes to you by this conveyance, and incloses the military establishment, by which you will find that Major ig appointed lieutenant-colonel commandant of the Second regiment. Some reasons, which will operate very forcibly upon him, make me think that it is uncertain whether he Avill accept or not. Some peo ple are troubled with the cannon fever, and if I am not mijch mis taken, he was very subject to it ; a feather bed Avould be a fitter place than the field. The Governor being appointed to command the army this summer, I hope you Avill be reconciled. I am very confi dent that no ot'her man Avould be submitted to ; but the long friend ship which has subsisted between you both , and his commission ex piring at the end of the campaign, as I am informed it does, will make it more easy.' Believe me, he has been a sound friend when you greatly stood in need of one. Major Isaac Craig to General Knox. Fort Pitt, March 6th, 1791. The people on the frontier are exceedingly alarmed.^ Parties of volunteer militia have been sent from several parts of this county and Washington, or patrols, one of which fell in Avith a party of friendly Indians at the block-house on Beaver Creek, Avhere they had been at a store, killed three men and one woman, notwithstand ing the Indians called to them in English, two of them being Moravian Indians, and known to seA'eral of the patrols. 1 General Harmar, who was smarting under the unjust criticisms made on his campaign in 1790, seeing Butler promoted and placed second in com mand, declined to continue in the army. After his acquittal by a court- martial, which sat at Fort Washington in September, General Butler, Pres ident, he resigned his commission, and returned to Philadelphia. 2 The evidences of Indian warfare were every-where being manifested. We find that at a meeting of the Ohio Company at Marietta, January 7th, resolutions Avere adopted to meet the emergency. It was determined to draw in some of the outlying settlements, put the remaining posts in better condition for defense, and prepare the militia for service. The preamble- reads as follows : " Whereas, there is reason to believe that the campaign made against the Shawanese and other Indian nations the last year is so far from humbling them and inducing them to sue for peace, that, on the contrary, a general war will ensue, and which has already broke out against the people on the Ohio Company's lands by the surprise of the block-house and the breaking up of the settlement at Big Bottom on the evening of the 2d in stant, in which disaster fourteen persons lost their lives, and three others are missing." — MS. Proceedings of the Ohio Company. 202 The St. Clair Papers. Although this action appears very much like deliberate murder, yet it is approved of, I believe, by a majority of the people on the Ohio. General Knox to General St. Clair. War Department, March 23d, 1791. Sir: — I inclose you the representation ofthe Cornplanter, a chief of the Seneca Indians, to the President of the United States, com plaining of the murder of some friendly Indians, on the 9th instant, who had been residing at Big Beaver Creek. This matter will be attended by the most pernicious consequences, unless promptly averted by decisive measures. I have stated the case to the Governor of this State,' suggesting the propriety of de manding the accused for trial of the State of Virginia, and such other steps as the case may require. But as the measures to be expected from a legal process Avill be both slow and uncertain, it is important that the General Govern ment should do all in their poAver to express a marked disapproba tion of the act, and heal, if possible, the wounds Avhich the friends of the Indians have receiA'ed on this unfortunate occasion. You Avill, therefore, please to inquire into the facts, and, finding tbem as stated in the representation of this Cornplanter, you will, in a message to the aggrieved Indians, reprobate the murder in the strongest terms, and assure them that every legal measure Avill be taken to bring the guilty persons to punishment.'' You Avill also invite friends and relations of the deceased, together with the principal chiefs of the tribe to Avhich the deceased be longed, to meet you immediately at the place you shall mention. You Avill theu repeat the abhorrence of the transaction and the as surance of justice ; and you will convince them of your sincerity, by making liberal compensation to the relatives and friends for the loss of property sustained by the deceased Indians. You will also transmit the inclosed answer to the Cornplanter's . message, together with such further observations as you may think proper. ' ' Pennsylvania. 2 See letter ot St. Clair to the Secretary of War, April 19th, p. 203. 'This Avas followed by a second letter, in which an inquiry by civil mag istrates was suggested. Correspondence, Addresses, Etc. 203 General Washington to Colonel Darke. [Extract.] MouNT Vernon, April 4th, 1791. Dear Sir: — The purport of this letter is to request your service in a matter of immediate importance to the United States. My knowl edge of your public disposition assures me that it will receive your ready attention. I shall premise its object by informing you that, in pursuance of an act of the last session of Congress, an ad ditional military force, consisting of one regular regiment, two reg iments of levies, for six months, and such a proportion of militia as may be thought necessary, are ordered to be raised for the service of the United States, to be employed, unless the measures now taking to restore peace should make it unnecessary, in an ex pedition against certain tribes of western Indians. The cummand-in-chief is given to General St. Clair; that of the levies to General Butler ; and that of the militia to General Scott. The command of one regiment of levies, to consist of three battalions, to be raised in Pennsylvania, Maryland, and Virginia, was given to Colonel Henry Lee, and on his decUning, before I adverted to the idea of appointing you, Colonel Hall was, on the suggestion of the Secretary of War, named to succeed him. Should Colonel Hall decline, it is my wish that you would accept the com mand of the regiment, and that, in the meantime, whether you enter into the service or not yourself, you would be so good as, im mediately on the receipt of this letter, which will be your authority for so doing, to appoint from among the gentlemen that are known to you, and whom you would recommend as proper characters, and thiuk likely to recruit their men, three persons as captains, three as lieutenants, and three as ensigns in the battalion of levies to be raised in the State of Virginia, for the service of the United States, for the term of six months after arriving at their place of rendez vous ; that you would instruct the said officers immediately to set about engaging recruits, who may be ready, on the order of the Secretary of War, or the commandant of the battalion, to embody and march to the place of rendezvous. Governor St. Clair to the Secretary of War. Pittsburgh, April 19, 1791. Sir : — I have the honor to inform you that I arrived at this place on the 16th inst., at night, and found every thing quieter than, from 204 The St. Clair Papers. the reports I met with on the road, there was reason to expect. The militia had been called out by the county lieutenants to guard the frontiers, in consequence of the discretionary poAvers you Avere pleased to invest them with, which has given some ease to the minds of the people, with no great reason, indeed, for their numbers are so few to defend so extensiA'e a frontier, were it attacked in any part by the Indians iu force ; at the same time, they are too many for the pur pose of scouts or rangers to give notice of the approach of an enemy. There are one hundred and fifty called out from Westmoreland, one hundred from this county, and two hundred, as I am informed, from Washington. I Avould immediately have ordered a part of them to have been discharged, but considering that the time is uear at hand when they will be discharged of course (for I presume you will not think it necessary to continue them long after the 10th May), and that it would have been very unpalatable, I thought it better not to interfere any farther than by observing to the lieutenant of West moreland that the numbers Avere, in my opinion, too great, and I shall make the same observation to the lieutenant of Washington, whom I Avill probably see on my route to Wheeling, where I propose to embark. To-morroAV morning, Nicholson will go off express for Venango with your message, and one I send to the Cornplanter also, de siring him to inform me whether any of his people Avill accompany me on the expedition ; Avhat number, and when they will be in readi ness — referring him to General Butler for directions as to the time and place of their embarkation. I also send a speech to the Pipe, conformable to the directions of your letter of 23d ulto. , in Avhich I promise the friends of the deceased compensation for the effects they were plundered of; but it is impossible to give them a meet ing at present, as the time will be so short Avhen I must be at Lex ington, and for which I can not set out until the express returns, Avhich will uot be before Monday niglit. I have, therefore, desired them, if the Shawanese or Miamis ask for peace, to meet me at Fort Washington, and if they do not, that the compensation shall be made them as soon afterAvards as possible. The other property taken were nine horses, three guns, goods to the value of twenty-seven dol lars, and all the clothing they had, for they were stripped even to their breech-cloths.' The depositions you desire to be taken and forwarded to the Gov ernor had been taken before my arrival, and must have got to hand last Aveek, so that it was not necessary for me to do any thing in it. 'See letter of Major Isaac Craig, 16th March. Correspondence, Addresses, Etc. 205 The Cornplanter got safe to Venango, though with a great deal of difficulty aud much ill-treatment. A boat with provisions for that garrison, and in which was a part of the goods he had received from Philadelphia, and the Indian canoes were discovered by a scouting party of the miUtia, on this side of the river. They ordered the Indians immediately to come to them or they would fire upon them, upon which they iiiStantly put to shore, abandoned their canoes, and fled. A non-commissioned officer, who was on the boat, went over to them, and him they abused very much, and, it was believed, would have murdered him but for the intervention of Mr. Guthrie, the same who is appointed on the levies, and a clergyman of the uame of Porter, who, with much difficulty, obtained his release. The boat, in the meantime, Avent adrift and fell down the river and was stopped about eight miles above this place; it has since got up safely. The canoes were made a prey of and every thing on them plundered and sold at public vendue. It might have been expected that this affair would have had bad consequences, but, from the let ter of Mr. Jeffers to me, which I take the liberty to inclose, it has not. We are assured also that the Cornplanter and his people are firm, though it can not be but that it has made unfavorable impres sions. I have sent for the gentleman who prosecutes for the State in the county of Westmoreland, in order to have those persons in dicted for the assault on the. non-commissioned officer ; but it seems to me that it Avould npt be improper that they should be prosecuted in the Federal Court also for the attempt upon the friendly Indians returning to their own country from a conference Avith the Govern ment, under the protection of which they were to be considered until they at least got out of the limits of the State. Mr. Jeflfers observes that a party of the Seneeas are gone to pro tect the settlement upon Cupawango, but I am informed that, since the date of his letter, it has broken up, and the people are all at Fort Franklin ; but I shall knoAv more certainly how affairs are in that quarter to-morrow, when I expect Major Heart, who leaves it this day, when 1 shall have the honor to write you again.' •On the 21st April, Governor St. Clair wrote further to the Secretary of War on the subject of the above letter, and of the details for the campaign, of which only this is of interest now : Yesterday Major Heart arrived here from Fort Franklin, and by him I received a letter from Colonel Proctor, from that place, of the 9th inst., a copy of which is inclosed. I fear the delay he has met with will create some embarrassments, and will necessarily delay tho expedition under Gen- 206 St. Clair Papers. Colonel Sargent to the Civil Magistrates and Military Officers at Gallipolis. Gallipolis, Washington County, May 9th, 1791. Gentlemen : — The situation of your settlement, in the present dis position of the savages, demands much more caution and vigilance than is observed by the inhabitants. Whilst they continue to AVork out singly upon their lots, and so far removed from your main body, as is the common practice, they are liable at every moment to be cut off by the Indians, which might be guarded against with out any obstruction to their field labors, for I believe it has been fiiund upon experience that men Avork most cheerfully and to great est advantage in parties. A sentinel ought to be posted out, to give notice of the approach of an enemy, and the people, having their arms at hand, might defend themselves, or retire, as occasion should make proper. The loss of but a single man, at this time, would have such an unhappy effect upon the disposition to migrate from France, as might be sensibly experienced for years in this young cplony. If a general attack should be intended against you, it Avould most probably take place betAveen daylight and sun-rising. You should, therefore, be under arms at that time. This necessity can not long exist. The savages, it is true, have not, as yet, molested you, but they have made their observations, and may not they be endeavoring to lull you into a false and fatal idea of security ? They are a subtle and designing enemy, and can bring upon you, in an unexpected moment, a force sufficient to annihilate an unguarded multitude. eral Scott.^ By Major Heart, I learn that your dispatches, which were entrusted to the Cornplanter, were not sent forward; the mischief that happened at Beaver Creek and in this neighborhood, had disconcerted them entirely, and they Avere afraid to undertake the carrying of them. Cornplanter now pro poses to be the bearer himself, and to take two hundred men with him; but first he goes to Buffalo, which will retard him, and their motions are at all- times slow. [He then proceeds to say that he will send the speech to the Delawares from Muskingum.] " Everything is perfectly quiet here, as it is also at Ve nango, though the settlement on French Creek is abandoned, and the inhabit ants have taken refuge at the Fort." (1) This proved to be the case. The President thought it important Colonel Proc tor should make one more effort to persuade the Miamis and Shawanese to peace; and, that it might not be interrupted, St. Clair proceeded to Kentucky to detain Gen eral Seott. See correspondence later on. Correspondence, Addresses, Etc. 207 To preserve your men in health is an important object, not only as it respects the present settlers, but in order to establish that gen eral reputation for salubrity Avhich Avill contribute to increase most rapidly your population. The docility and good disposition of the people will, I am persuaded, constitute the police necessary to this measure, not only practicable but facile. I have your interests and prosperity, gentlemen, very much at heart. You have had many difficulties to encounter, and they can not, at present, altogether cease. The task of settling a new coun try is an arduous one, but it is not without its pleasures ; the idea of giA'ing birth to a great and happy establishment is a glorious solace amidst all the hazards and hardships to Avhich you, as the first settlers, must be exposed. My exertions will never be wanting for your welfare. I have made the civil and military appointments from the best information I could acquire, and I have, no doubt, gentlemen, you Avill do them honor. Under the present circumstances of the col ony, it is impossible for government to notice some characters who may be equally AVorthy, but the Avell-knoAvn judgnient and impar tiality of our Governor must insure all future attentions that shall be due to, merit ; his important engagements at the time in which your interest, gentlemen, as Avell as those of this extensive Terri tory, and the dignity of the United States, are so materially con cerned, could not noAV admit of his presence. He Avill, hoAvever, I trust, soon bestow upon you the blessings of peace, and, having ter minated successfully the expedition against our enemies, have it in his power to form and establish for you such regulations as your particular circumstances may require ahd his Avisdom devise. I shall leave Avith you a copy of the laws and ordinances for the government of this Territory, a due observance of which will con tribute very much to your happiness. I can not close this letter, gentlemen, without expressing my ad miration for the industry and very handsome improvements of this settlement. Your plantations have, many of them, the complexion of years, and are a mos't convincing testimony that you possess some of the qualifications of excellent citizens, and valuable members of community. General St. Clair to Brigadier-General Scott. Fort Washington, May 18, 1791. Sir: — ... I mentioned to you that I did not wish, at this 208 The St. Clair Papers. moment, to press the commencement of your march, but rather that a few days should be Avhiled away, provided it could be done Avith out its being discovered that the delay Avas an affected oue. I am sensible this is a delicate point, and that, if it Avas discovered, either to increase in the troops an impatience for moving, or to discourage them. The same reasons, hoAVCA'er, exist uoav as at the time I had the pleasure to communicate them, and, as you are sensible of the weight of those reasons, I am sure of your managing it so as to avoid both those consequences. Without derailing to Colonel Ment- gez, I have requested him not to press the muster until the dis position has been made of your provisions and ammunition, and have mentioned that it Avas my wish your march should not be taken up before the 24th inst. You Avere pleased to express a desire that an officer might be left at the mouth of the Kentucky, for the purpose, perhaj^s, of mus tering the volunteers on their return ; but, besides that it Avould be inconvenient to leave an officer there, that route for their return seems to be precluded by your instructions ; for, as I fervently Avish and confidently expect you Avill bring not a few prisoners, they are to be carried and delivered to the commanding officer of some post of the United States upon the Ohio ; that being the case, you will probably find this post the most convenient in every vieAV. Orders, however, Avith respect to the muster and the receiving the prisoners, shall be transmitted to the post near the Rapids, and also to Fort Knox, at Post St. Vincennes, regarding the muster ; but, I beg leave to observe that it is not improbable they may not reach that place so early as you, in Avhich case you will please to shoAV this part of the present letter to Major Hamtramck or the officer commanding there, who is to consider the same as his orders for maliing and certi fying the said muster ; but as that is not the proper place to leave the prisoners, they must be delivered either here or at Fort Steuben. On the subject of prisoners, give me leave to call your attention to that part of your instructions which respects the treatment they are to receive. To you, sir, I know it is entirely unnecessary, but I request you to impress the propriety of treating Avith great hu manity such as may fall into their hands upon those under your command of all ranks and descriptions. The dignity of the United States requires it ; the character of the nation demands it ; the best consequences may be expected to result from it, and it is the positive orders of the President.' 1 These instructions were carried out fully, be it said to the credit of Gen eraU Scott and Wilkinson, but historians have always spoken of the act as Correspondence, Addresses, Etc. 20& Be pleased to present my respects to General Wilkinson, Mr. Brown, and any other gentlemen to whom I have the honor of being known. General St. Clalr to Israel Ludlow. Fort Washington, May 19th, 1791. Sir:—1 have received your letter of yesterday respecting certain surveys, which you have been directed to make by the Secretary of the Treasury. The completion of these surveys are important to the United States, and it would afford me pleasure to put it in your power to ful fill the instructions you have received immediately and effectually, but circumstances do not admit your being furnished Avith a proper escort at this moment, for I am far from thinking fifteen men would be sufficient, more especially as that part Avhich you consider as most necessary to be executed first, and AA'hich you Avould enter upon im mediately, would carry you a great distance into the country. It is most probable that in the course of this summer and fall the busi ness may be done Avithout risk, and I shall notify you Avhen the time arrives at which it may be piroper for you to begin it. In the mean time, as you inform me that the line of the Miami purchase has been measured along the Ohio, and the place of beginning known, it will be proper that you should mark that place in a conspicuous and permanent manner to prevent trespasses being ignorantly though innocently committed upon the unalienated lands of the United States, Avhich may involve indiA'iduals in disagreeable, and to them, perhaps, ruinous consequences. Governor St. Clair to Alexander Hamilton. Fort Washington, May 25th, 1791. Sir: — A few days ago, Mr. LudloAv presented to me the instruc tions he had received from you for completing the surveys of certain tracts of land in this Territory contracted for Avith the late Board of Treasury, and requested an escort of troops to enable him to comply with those instructions. The situation of affairs and the present weakness of the garrison put it out of my power to furnish him Avith the necessary escort ; but on perusing the instructions, to my aston- having had its origin with the officers who commanded the expedition. The above letter discloses the real author. Vol. 11—14. 210 The St. Clair Papers. ishment I found that the purchase made by Judge Symmes did not extend further up the Ohio than twenty miles from the mouth of the Great Miami River. He had given out and published indeed to the Avorld that he had contracted for all the lands to a certain dis tance northerly, which Avere contained between the Little and the Great Miamies as eastern and western boundaries. On my first ar rival in this part of the Territory, I found the Judge here and a number of people settled already, to Avhom he had sold lands far to the eastward of the twenty miles. It never could have entered into my head that any person, much less one invested Avith a respectable public character, had published a falsehood, was persisting in it, and availing himself of the pecuniary advantages folloAving from it. The settlement, therefore, met Avith all the countenance Avhich I could give it, Avhich I conceived to be a duty I then OAved to the ad venturers and to the United States ; but I see I was wrong, and find myself in a very disagreeable predicament, having clothed many persons Avith civil and military authority Avhoni it was more properly my duty to have removed, and so far sanctioned their in trusions on the lands of the United States. As soon as possible after this discoA'ery I wrote a letter to Judge Symmes, of which the inclosure No. 1 is a copy, and No. 2 his ansAver, Avliich I received this day.' The ansAver does not appear in any wise satisfactory, for it is clear that though there had been a proposal for a contract dif ferent from that entered into, it had never been more than a pro posal ; and he has been selling the lands of the United States upon the Little Miami, Avhich he had not contracted for, to pay for lands hi,-i agents had contracted for in his name upou the Great Miami. As soon as it is practicable, Mr. LudloAV shall be enabled to fulfill your orders. In the meantime, I am much at a loss what course I ought to hold Avith those settlers, neither do I know very well where to address myself for directions. If it is a business that falls Avithin the sphere of your office, I shall be happy to receive and carry into execution any instructions Avhich you may think j^roper to give. If it does not fall AA'ithin your office, may I request the favor of your friendly advice. It seems to me that all I can do at present, and it may be proper to do it, is to publish a proclamation, warning all persons against further intrusions, and permitting the occupancy of the present set tlers until the pleasure of Congress shall be knoAvn. To remove those, if it could be done, would be ruin to them, and they are inno- 'The purport ofthe correspondence is indicated in tho text with sufficient clearness. The ofiicial action taken is shown by the proclamation following. Correspondence, Addresses, Etc. 211 cent, not willful trespassers ; and, to revoke the commissions that have been granted, would leave them in a state of anarchy. Ex cuse, I entreat you, the liberty I have taken to trouble you Avith the dilemma I am caught in, and believe me, with every sentiment of respect and esteem, &c.' 1 As promised in the above letter, the Governor issued a proclamation Avarning the inhabitants of their situation. This he first submitted to Judge Symmes, who wrote an earnest letter, asking that the step be not taken; but as the Governor felt that he had been deceived and that delay would only make raatters worse, he issued the following proclamation, which led to a lengthy correspondence between him and Judge Symmes, and secured the active hostility of tho latter in later years, when party politics were running high. Atigust 23, 1791. Proclamation by His Excellency, Aethttr St. Clair. Whereas, it has been represented to me that certain persons, generally known by the name of the proprietors of the Miami purchase, have taken it upon themselves to sell and dispose of divers tracts and parcels of land, the property of the United States, lying and being to the eastward of a line to be drawn from a place upon the banks of the Ohio Kiver exactly twenty miles following the seA'eral courses of thesame, above the Great Miami Eiver parallel to the general course of that river, whereby many unwary persons have been induced to make settlements upon the same contrary to the au thority of the United States, and in defiance of their proclamation against the making settlements on any of the public lands Avithout due authority for so doing. It is hereby made known that the lands contracted for b}' the honorable John Cleves Symmes and his associates, or their agents, is bounded in the manner following, viz: "All that tract or parcel of land situate, lyin^ and being in the western country, adjoining to the Ohio Eiver, beginning on the bank of the same river, at a spot exactly twenty miles distant, along the several courses of the same, from the place Avhere the Great Miami Eiver empties itself into the Great Eiver Ohio, from thence extending doAvn the said river Ohio along the several courses thereof; thence up the said .Miami Biver, along the several courses thereof, to a place from whence a line draAvn due east will intersect a line drawn from the place of beginning aforesaid, parallel with the general course of the Great Miami Eiver, so as to include one million of acres within those lines and the said river, and from that place upon the Great Eiver Miami, extending along such lines to tbe place of bo- ginning, containing as aforesaid one million of acres." That the land lying to the eastward of the said parallel line, from the Ohio, to where it may in tersect the Little Miami Eiver, and from thence down the same to the Ohio Eiver and along the Ohio Eiver to the place before mentioned, where the parallel line begins, is as yet the property of the United States, and has not been aliened or sold to any person whosoevSr; that the settlements Avhich have been made upon the same are entirely unauthorized, and the persons who now occupy them are liable to be dispossessed as intruders, and to have 212 The St. Clair Papers. General St. Clair to the Secretary of Wae. . Fort Washington, May 26, 1791. Sir : — It was not until the 5th instant that I arrived at Lexing ton, and on the Sth had an interview Avith General Scott. The in- their habitations destroyed; and that they are not treated in that manner immediately is owing only to the circumstances that they were made to be lieve the said proprietors of the Miami purchase had a right to the land, and to give them an opportunity to represent their case to Congress. And I do hereby strictly prohibit all persons to extend the settlements they have already made, or to form new settiements to the eastward of the aforesaid parallel line, and within that line, the Little Miami, and the Ohio Eiver, until the pleasure of Congress in the premises shall be made known, as they shall answer the contrary at their peril. And, Avhereas, it is necessary that a certain tract or parcel of land adjacent to and lying round Port Washington should be set apart and reserved for public use, I have ordered the same to be done, and it is bounded in the man ner following, viz: beginning on the bank of the Ohio Eiver, at the middle of the street which passes to the AvestAvard of the house Avhere Bartle and Strong now live, and running from thence with the said river to the east side of Deer Creek, from thence running north fifteen degrees, thirty min utes west, one hundred and twenty perches, and from thence by and with a straight line to be drawn at right angles from the same until it reaches the middle of the street aforesaid, thence down the middle of the said street to the place of beginning, and all the land lying and being within these bound aries, is hereby set apart and reserved for public use, until Congress shall determine otherAvise. And all persons are hereby strictly forbidden to cut down, carry away, or othemvise destroy any timber, trees, or wood that may Ije growing, standing, or lying upon or within the same. And, whereas, there are houses and lots at present occupied by sundry per sons, which are included Avithin the boundaries of this reserved tract, it is hereby made known to them that they will be allowed to possess the same until the present crop is taken off, and no longer, unless they shall obtain permission for the same under the hand and seal of the ofEcer commanding the garrison, or General commanding the troops upon the Ohio, and shall voluntarily submit themselves to the military law as followers of the army.i In testimony whereof, I have hereunto set my hand, and caused the seal of the Territory to be affixed, this 19th day of July, 1791, etc. September the 15th, the Governor, at Cincinnati, in the County of Hamil ton, was pleased to issue the following proclamation, viz: "It is hereby made known to the persons settled between the upper line 1 Among those classed as intruders on this military tract was Judge Turner. He was privately notified by Governor St. Clair that Judge Symmes could give no title, to which ho paid no attention, but continued to make Improvements. The Gov ernor reminded him of the obtrusion and the previous verbal notice, and of the risk he was running. He also suggested that it was the duty of a Judge of the United States Court to set an example of respect and obedience to government. Judge Turner took this advice and interference in high dudgeon. Correspondence, Addresses, Etc. 213 tended expedition from Kentucky, I was glad to find, was not in so great forwardness as had been expected, as thereby any detention on my part was rendered unnecessary. A great many people had pre sented themselves as volunteers, and, on the 15th, they Avere to meet at Frankfort, twenty miles from Lexington, for the formation of the battalions and companies, and tbe choice of the officers ; and, on the 20th, to rendezvous at the mouth of the Kentucky River, the place that had been chosen from whence to take their departure, and Avhich fully met my approbation. General Scott seemed to be under some uneasiness at being restrained to seven hundred and fifty men, alleging that, as more had offered themselves, to have refused any might have disgusted the whole; but, from other information, I believe the whole will not much, if at all, exceed the stipulated number. On the Oth, I went to Danville to visit -Mr. Innes and Mr. Brown, and returned on the 10th to Lexington, fr|)m Avhence I proceeded across the country to this place, where I arrived on the 15th. On the 19th, Colonel Mentgez was sent to the mouth of the Kentucky to muster the party, and, at the same time, I forwarded five hundred pounds of rifle powder, one thousand pounds of lead, fifteen huudred flints, and some tools for the pur pose of making rafts, Avhich Avere demanded by General Scott. Although the season was so far adA'anced as to render it projier for the party to begin their march, yet, as there was no account of Colonel Proctor,' I Avas willing it should be delayed a little, pro vided that the delay did not appear to be premeditated. Colonel Mentgez Avas, therefore, directed not to hurry the muster, and, as of Judge Symmes' purchase and the Little Miami, and claiming titles from him, that the Governor has been ofBcially informed by the Secretary of State that he has required from Judge Symmes an explanation of his proceedings, and is further instructed by the said Secretary, that though it is the duty and determination of the executive to see that no encroachments be made on the public lands — yet as the settlers in this instance appear to have acted with good faith, to notify them that due attention will be paid to that cir cumstance, and, in the meantime, they are not to be disturbed. " AU persons so settled are hereby notified accordingly." ¦•After forming a plan of campaign, the Government had sent Colonel Proctor to the Miami Indians, via Niagara, where he was to solicit the aid of the Six Nations in his effort to bring about a peace with the Miamis. The President was anxious that the warlike expedition should not be under taken until after Colonel Proctor should have attempted his mission of peace, and reported the result to General St. Clair at Port Washington. Colonel Proctor failed, and eventually returned to Philadelphia. But hearing noth ing from him, and the season advancing, St. Clair directed General Scott to proceed. 214 The St. Clair Papers. the distributing the ammunition and provisions would take some time, to contrive matters so as that they might not be in readiness to move until the 24th, hoping that the Colonel might arrive by that time ; but there is no news of him at all, and I now much fear that there never AviU be. Should he have got to the Miami villages, and the Indians be Avilling to listen to terms of accommodation, the march of this party will be an unfortunate event, and bear an air of disingenuousness and deceit that I should be extremely sorry for ; but to have delayed longer would probably have discouraged them so much as to have prevented their proceeding at a later day. I was sorry to find that the measure of a volunteer expedition calculated expressly to gratify the people of Kentucky had not en tirely had its effect, but, on the contrary, had disgusted some Avho are supposed to be influential characters — among those are the Col onels Logan and Shelby. Their disgust arises, however, from be ing disappointed in the chief command, to which they both aspired, and both thought themselves of too much consequence to serve ina secondary station. Colonel Shelby, notAvithstanding, has done ev ery thing to forward the business, while Logan has throAvn much cold water upon it. I am unacquainted Avith them, but from Avhat I have heard of Logan's conduct Avhen he was formerly at the head of an enterprise, from persons who Avere with him, he appears to be as little qualified for command as it is possible. Colonel Shelby is generally well spoken of. It is surprising the effects that have been produced in Kentucky by the notice the President took of that country in his address to Congress ; by the act of that body for receiving them into the Union ; by the means taken for the protection of the frontiers, and by the prompt payment of the militia who Avere employed in the last expedition. It Avould seem that they have not been used to re ceive money for services of that nature, and, at this moment, I do not believe there is more affection, among all ranks, for the General Government in any part of the United States. In that point of vieAV it Avas money Avell laid out, and the advantages of it have come home to the feelings of many Avho Avould always have been little affected by abstract political considerations. While I am speaking of the militia, it reminds me that you have not yet received the vouchers for those employed on the Wabash under Major Hamtramck, and if the circumstances I have been informed of are true, they ought not to be paid. They are these — that upon the expedition, from the time of the troops leaving Fort Knox un til they returned, ten horses only Avere lost ; that the remainder^. Correspondence, Addresses, Etc. 21& amounting to upward of two hundred, were deliA'ered over to a Major Whitley, the commanding officer of the militia, to take back to Kentucky ; that many of them are yet about St. Vincennes, in possession of the inhabitants, and that out of ninety-six oxen Avliich Major Whitley set out with from the Falls, he took but tAventy to Fort Knox, Avhich Avas the cause of Major Hamtramck returning so soon, and attempting so little against the Indians. I have writ ten to Major Hamtramck this day to have Avhat horses are about St. Vincennes collected and sold to the best advantage, and to state circumstances respecting those that have been lost, and have them authenticated, as also respecting the cattle, that the United States may be exonerated, if it should appear proper. Upon my arrival here, I found General Harmar, as I had ex pected, exceedingly chagrined, and determined to retire. I assure you that, whatever may have been thought of his late expedition, he is an excellent officer, and his quitting the service Avill be a loss. He continues in the command of this garrison at present, but Avill hold it no longer than until the court of inquiry, Avhich he informs me he has requested, can be assembled, and he is extremely anx ious that it should take place Avithout loss of time. In my letter of the 1st of May, I requested that you would be pleased to direct the militia employed on the frontiers to be dis charged at such time as should seem proper, as far as KanaAvha in clusive, for at this distance, and Avith the Uttle and uncertain inter course with the upper part of the river, it Avould be impossible for me to judge of the circumstances which might render it proper or otherwise.' I must repeat the request, for I have not an iota of in teUigence by Avhich to judge whether they are necessary or usefid or not, and I have received no returns but Avhat were forwarded at that time. Those employed on the frontiers of Kentucky it Avill be proper to continue until the return of the volunteers. Should that party be successful, it is to be hoped they may be dismissed Avith propriety and with contentment to the country. At present it would be otherwise. In that letter I likeAvise suggested that the sending dispatches over land to Richmond Avould be a more certain and eligible mode of conveyance than by the river, but I Avas mis taken. The distance from hence to Danville is upAvards of one hundred miles, and three days' march, at least, through a coun try ^entirely uninhabited, and from Danville to Richmond is at least seven hundred miles, part of it under the same or greater 'The letter of 1st May contained nothing that is not better explained in this letter. Hence, it is omitted. 216 The St. Clair Papers. difficulties. The river, then, must be the way ; and, as soon as a reinforcement arrives, measures shall be taken to effect a weekly communication with Pittsburgh. At present it is impossible. The present fit for duty at this post, on the first day of this month, amounted to sixty-two only. My anxiety for Colonel Proc tor is very great. The Six Nations have, I fear, refused to go with him, and he has undertaken it Avithout them, and has fallen a sacrifice to savage barbarity ; for, had they gone Avith him, and those Indians were willing to hear him, though nothing was de cided, he and they would have found means to inform me. A party of five Indians came Avithin two miles of this fort two days ago, and carried off a man. Their track coming in was dis covered by a party that had been sent out by General Harmar about a fortnight before, who followed them with all possible expedition, but they lost the track when they came near the settlement. It would seem that the object of this party Avas to take a prisoner for the sake of intelligence, as they Avent off again with the utmost ex pedition they could make. I have heard nothing from General Sevier ; neither do I know how the recruiting for the levies goes on in his quarters, nor, indeed, in any other, and you Avill be pleased to observe that I can know nothing of it but Avhat you communicate. If it goes on well, there will be no occasion to call for the militia, and that is very much to be wished, for drafting them is an unpalatable operation, and brings out only the worst men, who hire themselves as substitutes, and was, I believe, the principal cause of the misfortune of the last campaign. If it must be resorted to, I beg I may be early informed, because it Avill take a consideraJile si^ace of time to forward the or ders and get them together! Kentucky, I believe, must be relied on altogether. Pennsylvania and the upper counties of Virginia seem to be at too great a distance ; but if some reliance must be placed upon them, I request that you may be pleased to issue the orders, for much time Avould be lost by their going from me, and I should be long in suspense as to the effect of them. General Knox to General Butler. [Extract.] War Department, June 9, 1791. Mr. Hodgdon, the quartermaster, sat out from Carlisle on the 7th instant, and will be at Fort Pitt by the 12th or 13th. He is amply furnished with the means of obtaining every thing that shaU Correspondence, Addresses, Etc '211 be Avanting for the campaign, and I have directed him to take your advice upon such preparations as you may deem essential, and which have not already been done. As the representative of the pubUc in the preparations of the campaign, I feel it my duty, and it is most certainly my inclination, that every article, hoAvever minute, should be furnished, and I have given the directions accordingly. From the activity of Mr. Hodgdon and his ample funds, I have no doubt that all things in the quartermaster's department Avill be prepared in due season.' From the returns of the provisions Avhich you transmitted me, it appears that such a quantity of flour is already purchased that no apprehensions may be entertained on that account. Until the ex pedition shall take place, and during the operations of the troops, dependence must be placed on live cattle. The posts to be established Avill require six months' salted meat, and the other parts of the rations in proportion. This object the contractor has promised to attend to, and, from his information, there will be no disappointment. I am well satisfied that Major Butler has been appointed to the command of the Eastern Battalion of levies in this State. I hope the remaining company will soon be filled and marched. The object of Colonel Proctor's mission having failed, of which he informed you. General St. Clair Avill no longer restrain the expe dition uuder General Scott. I am persuaded that you transmitted to General St. Clair the whole of Colonel Proctor's dispatches, because on his early receipt thereof much will depend. You Avill not retain more troops on the upper parts of the Ohio than shall be necessary for the defensive protection of the frontiers. All beyond that number you Avill order doAvn the river to head quarters. I inclose you, in confidence, an estimate of the troops who have marched and Avho will march in the course of the present month. The recruiting service has been very dull in Ncav Hampshire, Massachusetts, and Rhode Island. In Connecticut it has been bet ter. I hope, however, to march five hundred regulars — three years' men — in the course of the present month, but this includes Doyle ' Every thing was neglected by Mr. Hodgdon, and in consequence dire •disaster resulted. 218 The St. Clair Papers. and Beatty and all others to the eastward. This number is contem plated in the number of the inclosed estimate. As we shall not have aU the three years' men I was induced to hope for, and as you seem to think that a company of levies could be raised in Fayette, I hereby authorize you to raise one, two, three, or even four companies or battalion of levies, provided the object could be certainly accomplished by the 15th or 20th of July, in the upper counties of Pennsylvania and Virginia. If you go into this measure, you will immediately inform me and General St. Clair thereof. You could appoint the officers, and as soon as the President of the United States shall arrive, Avhich wiU be about the 23d instant, the commissions shall be forwarded, upon the names of the officers being certified by you. Governor St. Clair to Judge Turner. Fort Washington, June 19th, 1791. Sir : — The evening before last I was favored Avith your letter of the 17th,' and should have replied to it Avithout delay, had I not been engaged yesterday in other business. I thank you, sir, for the sentiments of personal respect expressed in that letter, and beg you to believe they are reciprocal, and that I am at least as anxious that the laws should not be trampled upon as you, sir, it being particularly my duty to see that they are carried into execution, and that I feel for the dignity of the United States as much as any man can. The transaction of the 27th ultimo referred to, is, I suppose, as you have stated it, excepting as to the note, Avhich though conceived in terms sufficiently polite, appeared to me to be not altogether proper, as I had the honor to inform you, for it contained a direction that the prisoner should be detained in safe custody until delivered by due course of law, and being so " subjoined to the warrant of commitment " to the sheriff, it had all the appearance of an authori tative precept, and I suppose was intended to have that effect, though couched in the form of a request, and I find, by the tenor of your letter, I Avas not mistaken in having so understood it.^ I can not be positive about the Avords of my ansAver to the sheriff, iaving been awakened out of my sleep to receive your note, and had ^ The preliminary correspondence is not essential, as the facts are stated in the above letter with sufficient clearness. ajudge Turner had given an order of commitment, and commanded Col enel Trueman, of Port Washington, to receive and guard the prisoner. The Correspondence, Addresses, Etc. 219 been more than two hours in bed, which was not a very proper time for business of that nature. The gates of the fort had long been shut, and the officer of the day did Avrong in admitting either the sheriff or his prisoner at that time of the night, had every thing also been as it should have been, but to the best of my recollection I told the sheriff that since the man was iu the fort the guard should look after him for that night, but that he must not consider himself as discharged of him, and must take him aw.ay in the morning and secure him as he could, for Avhich he Avas ausAverable; otherwise, he would be dismissed Avhen the guard was relieved. The plain and obvious meaning of which Avas that, for that night, as it Avas a case of emergency, I Avould allow the sheriff to use the guard-house as iis jail, and for no longer. I recoUect, sir, in conversation with you upon this very affair, to iave mentioned the impropriety, as it struck me, of confining pris oners guilty of offenses against the municipal law to military guards — to have suggested a doubt whether if an officer did receive and detain them, he Avould not be liable to an action for false im prisonment, and Avhether if they should escape or be dismissed, an ac tion would lie against the officer for the escape. I am not sure that you gave any opinion, but from your manner, I thought I had rea son to believe that the doubts did not appear to you to be entirely groundless. And now, sir, to your question, Avhich I haA'e not the least hesita tion in answering, and you wdl always find me ready, in the best manner I can to answer any question you may think proper and necessary to propose to me in your official character, whether it comes forward with " firmness" or Avith diffidence. The troops ofthe United States are certainly paid, among other things, for the pro tection of the people and Government, but the manner in which that protection is to be applied is not, I presume, Avithin the pro vince of a judge or a justice to determine, nor of all of them together. No military servant of the sovereign authority may at his pleasure remit the punishment, or release the body of a prisoner committed. by that very authority for a breach of its laAvs. It is not the busi ness of a military servant of the sovereign authority to take cogniz- form of the commitment and request was objected to as being liable to estab lish a tad precedent; and there was the further objection to using the mili tary guard-house for the purpose of confining persons charged with all man ner of crimes. 220 St. Clair Papers. ance of breaches of the laws, neither has he any thing to do with. the confinement or release of such persons as may offend therein. What happened before my taking the command of the troops I know not ; if you mean, however, Avhat you have said about " per sons having been committed to the custody of the military at dif ferent times and unduly discharged," as a matter of complaint, which I should suppose you do as you say you think it your special duty to mention it ; it must be more explicit before I can make any inquiry about the matter. This, however, I know that General Harmar never refused to alloAV his guard-houses to be used occasion ally by the sheriffs when I have requested it for them as an accom modation, and I have had several occasions to request it, but it never entered into my head to demand it as a right — if I had, I think he would not have been in his duty if he had not refused it. As it seems to be considered in that light now, it is time to put an end to it. It is the duty of the sheriff, sir, to provide a jail until one shall be erected ; if he can get no other he may make a jail of his own house ; and he has been ordered to provide a jail — if he will not I will displace him and appoint another, and every necessary aid from the military, either in suppressing tumults, apprehending offenders, and safely keeping them Avhen apprehended, to which the power of the county may be inadequate, Avill be cheerfully reiidered by the military whenever it, shall be required by the civil authority ; but it much behooves me, as the chief civil and military power in the Ter ritory hajjpens to be united in my person, to keep the exercise of them perfectly distinct, and that I make no precedent now that it would be improper should it be followed by either respectively when they shall be separated hereafter. Your question, sir, is now fully answered. I have none to pro pose to you individually in your official character ; but I presume that, as the chief executive officer, I have a right to ask the opinion of the Judges upon any doubt in respect of laAV that may arise in my mind touching that executive duty ; and that it is their duty to give me their law opinion; under that impression so soon as the Judges (or any tAVO of them) can be got together, I shall require their opinion upon the following points, and they are thrown out to you now that you may turn them in your mind until one or more of your colleagues arrive. Whether it be lawful to commit a citizen Avho may have been con victed of a crime to a military guard-house, the government of which neither is nor can be subjected to the sheriff? Correspondence, Addresses, Etc. 221 . Whether a military officer, detaining a civil prisoner under a guard of armed soldiers, Avho could lawfully be committed to the custody of the sherifi' only, would not be liable to an action for false imprisonment, by what authority soever that detention and im prisonment was made ? Whether, supposing it lawful for a magistrate to commit an offender to a military prison, if a person Avas committed for a length of time to a military guard (for two years, for example, as in the present case, for Avant of sureties for his good behaA'ior), and the troops should be ordered aAvay from the place, is the officer to take the prisoner Avith him or to dismiss him ? Should he take him with him, the law, which requires offenders to be imprisoned in the proper counties, would be violated. Should he dismiss him, he would not be liberated by due course of law. There would be a wrong in either case ; and in the first the officer would be answerable to the party for damages, and in the second to the public for an escape. Whether a military officer who should refuse to take charge of a prisoner committed to him by a civil magistrate would be punished for contempt ; and, lastly, Avhether, upon a habeas corpus cum causa, a judge of the general court would not be in duty bound to deliver such a prisoner from his military confinement, though he had been sent to it by a civil magistrate ? When the civil magistrates, sir, exhibit in their public conduct a temperate firmness and decency ; when they never presume guilt, nor overbear an unfortunate person because he is accused ; Avhen they ever incline to the side of mercy where they are obliged to condemn to punishment, and when they ncA'cr strain penal laAvs, which are most frequently directed against actions not evU in them selves, to their utmost rigor, there is no danger of the civil au thority groAving into contempt ; and as I hope the magistrates of this Territory will ever be distinguished by those characteristics, I am in no pain about freedom and political happiness. But there is yet another way, sir, to prevent the civil authority from being prostrated, as you seem to fear it Avill be, without the aid of miUtary imprisonings, which, by the by, are not very congenial to freedom and poUtical happiness. Let the sheriff be prosecuted for every escape in cases where the pubUc is concerned. In those respecting private property between man and man, the parties will take care of it themselves. It may be replied, there is no officer in this country whose duty it is to seek redress for Avrongs done the pubUc. It is true, there is none at present ; but I am ready to ap- ¦222 The St. Clair Papers. point an attorney for that purpose Avhenever any qualified person appears who will take it upon him ; I can not create the attomey. There were, hoAvever, I suppose, such things as public wrongs for' England from the delinquencies of sheriffs before there were any such officers as attorneys for the public, Avhose duty it is to seek re dress of them ; and I dare say the common law found a way to remedy them without, and to oblige the sheriff to do his duty, which might probably be put in practice here. I am sorry, sir, to trouble you Avith so long a letter, and can offer no better apology for it, now that I have got near the end of it, than you have furnished me v\'ith in the beginning of yours : " The re spect and duty I owe the office I hold," besides which, the matter itself has carried me on ; neither can I now close it Avithout ob serving to you, as I did on a former occasion, that the law which has given rise to these difficulties is all calculated to the circum stances of this Territory, and shoidd rather be guarded by sUght corporal punishment than a heaA'y pecuniary sanction.' General St. Clair to Committee^ of Kentucky. Fort Washington, June 24, 1791. Gentlemen: — I have very great pleasure in congratulating you 1 This led to lengthy correspondence between the Judges and the Governor. To the copy furnished him. Judge Symmes made an early reply, taking the ground that it was laAvful to confine a prisoner of the civil law in a military guard-house, but that the sheriff was not discharged of responsibility thereby; nor could the military officer be held responsible for the safe-keeping of the prisoner, nor be prosecuted in case of his escape from custody. In this letter. Judge Symmes says that he had had a conversation with Judge Turner, and, as they did not agree on the point, he had sent an independent letter. Judge Turner did not reply until iu August, although repeatedly asked by the Governor to do so. He, however, took occasion to issue a writ of habeas corpus for the release of a military prisoner some months later, which brought about a conflict between the civil and military authorities. The commandant of the Port, Colonel Trueman, refused to produce the body of the prisoner in court, in which action he was sustained by the General. The prisoner in this case was charged with, a capital offense against the military laAV, in that he had persuaded a soldier to desert, and provided him with the means. The deserter had been arrested, tried and executed, and, on the scaffold, had related the facts in a confession. 2 The committee consisted of Brigadier-General Scott, Hon. John Brown Harry Innes, Benjamin Logan, and Isaac Shelby. Logan threw cold water on the expeditions, but the others were zealous. Correspondence, Addresses, Etc. 223 upon the success of the late expedition from Kentucky, which re flects much honor upon all who were concerned in it, and, I doubt not, will be attended with very beneficial consequences to the pub lic, and to that district and Territory in particular. As it Avill, hoAvever, be some time before the general and more systematic operations of the campaign can be put in motion, another expedition of the same nature, it appears to me, would be still of very great use, especially taking into consideration that the militia called out to guard the frontiers must be discharged, as they are a very heavy expense, and very little advantage results from them, You will have observed, gentlemeu, that the President of the United States, in the instructions to General Scott, Avhich are in your hands, au thorizes another expedition, provided that the commanding officer of the troops on the Ohio should judge the pubUc interests require it. It is my opinion that the public interests do require it, and I have, therefore, inclosed a direction for the same, under my hand and seal, conformably to the tenor of the said instructions. It Avould have given me much pleasure if I could have had a personal intervicAV with you upon this occasion, and if I possibly can leave ¦this place within a few days, I shall yet have it. But I would not have the business delayed in the least upon that account. And the upper towns upon the Wabash would be the object, and this be the proper point of departure. Whoever you are pleased to invest with the command Avill receive his instructions here, but you will please particularly to observe the number is limited expressly not to ex ceed fiA'e hundred, officers included.' Major Ferguson^ to General, St. Clair'. Fort Washington, June 25, 1791. Sir: — In the inclosed return of military stores, powder, lead, paper, and thread, are wanted to complete three thousand men Avith one hundred and thirty rounds each. Should more be required, these articles Avill have to be augmented. I beg leaA'c to report that the casks in which the powder Avas last sent Avere very slight, and not properly secured ; also, the musket cartridge paper was not of the proper sort, being too easily torn, and of course the cartridges made of it will not bear much carriage. 1 General James Wilkinson was selected to command the second expedi tion. " Major Ferguson commanded the artillery. 224 The St. Clair Papers. Gen'er.'LL St. Clair to Colonel Sproat. Fort Washington, July Qth, 1791. Sir : — The act calling the militia for the defense of the frontier,. has been found to be a very unavailing measure, and at the same time it has been attended with a A'ery heavy expense. You will, therefore, discharge all the parties that have been called out for the defense of the county of Washington, except at Gallipolis (for which I have already given orders), upon the 20th instant, it being hoped that, by that time, measures Avhich will be more effectual will begin to be in operation. Indeed, there is no doubt with me, that the assembling the troops at this place will call the attention of the Indians this way, and entirely relieve your settlements. But there is nothing in this order to be construed to prevent you from continuing either the parties that are uoav embodied, or such others as you may think necessary, provided the expense is borne by the people themselves ; but the United States Avill not defray any that may be incurred on that account after that day. You Avill please to think of the musters, and the oaths of the officers, both of which are necessary in order to charge the United States. General Knox to General Butler. Wae Department, July 12, 1791. Sir : — Yesterday morning, at eight o'clock, I received your favor of the 2d instant by the express James McClellan. The information of Thomas Rhea,' whose affidavit you transmitted, was, indeed, of the importance to justify a special express. It has been submitted to the President of the United States, Avho Avill take it into his most serious consideration. To quarrel and come to an open rupture with the croAvn of Great Britain, Avould, in the present situation of this coun try, be a A'ery serious affair, and should be avoided, if possible, con sistently with national honor and dignity. There is a time for all things, and it may hereafter happen that the conduct of the British in the present case Avill ainount to a heavy charge, Avhich must be paid Avith interest. Indeed, it is hardly to be doubted, if the facts alleged by Rhea be true, that this instance of aid to the Indians ' ^This was to the effect that the British oificer of the post on the lake had furnished the Indians with arms and supplies on occasion of the Harmar expedition. Correspondence, Addresses, Etc. 22 ziio will be folloAved by others, which must also be minuted doAvn, for it can not be supposed that the aid has been dictated by the spon taneous impulse of the commanding officer. It will be proper that you obtain attestations of Rhea's credibUity by respectable and known characters. It must be our duty to mind our business and accomplish the objects ofthe campaign, Avhich, if as successful as all things promise, Avill give a new aspect to the security of the fron tiers. Captain Phelon, Avith about two hundred men, mostly regu lars, is at Reading, and will moA'C on steadily to join you.' Continue to forward the troops, Avith all possible dispatch, to headquarters. I presume you have communicated Rhea's informa tion to Major-General St. Clair, to whom I pray you to send also a copy of this letter. I shall write you more particularly by the post on the 14th in stant. General St. Clair to Hon. John Brown.'' Fort Washington, July 18, 1791. Sir : — I have been honored with your letter of the 14tli instant, and I assure you it gives me pleasure to learn that no injury to your health has followed from your excursion, for, from the nature of the service -you were employed on, you must have been exposed to fatigues and hardships ; and I do not remember to have seen so great a quantity of rain fall in an equal time at that season of the year, which gave me great uneasiness for you all. General Scott has communicated to me the measures that have been taken by the Board for the second expedition. I have no doubt of their exertions, and am happy to find that they are so happily seconded by the inclination of the people. I hope and trust it will be equally successful with the former, notwithstanding the numbers to be employed upon it are less. General Wilkinson has Avritten to me upon that subject, and in formed me that three supernumerary companies have been added, and desires my concurrence. It would not be wanting to any thing that promised greater certainty of success if I had the power, but I am for every thing of the kind after the first limited to a number not exceeding five hundred, non-commissioned officers included. ' But Captain Phelon did not march as expected — none of the recruits did — and when he did, he was instructed to take Carlisle in his way. ^Mr. Brown accompanied the expedition of General Scott as a volunteer. VOL. II — 15 226 The St. aair Papers. It is, therefore, impossible for me directly to approve of the meas ure, but I have written to him that I will not disapprove of it, and that I will make as effectual representations as I possibly can, that it may meet Avith the afiprobation of the President. It Avas necessary that the frontier guards should be dismissed, not only because they had been found in most instances to be ineffec tual, but the county settlements had not made a very discreet use of the poAvers they were invested with, as to numbers, and they were a heavy expense without a corresponding benefi.t. But, as you well know, sir, there is a certain sum of money appropriated for a great variety of objects, and all the expenses of the campaign of every kind into which they cut very deep. They have Been discharged in the upper country, both in Vir ginia and Pennsylvania, and in this Territory the same parts of it are much exposed, particularly at Muskingum, Avhere they have suffered greatly; nevertheless, at General Scott's instance, on the part of the Board, I have consented that forty men should be con tinued for some little time longer, of which he will give you more particular information; fori Avish not only that the people should be protected, but even that their apprehension should be quieted. It seems to be his opinion that the guards at the iron-works and at the Big-Bone Lick, where salt-works are erecting, should be con tinued. I have no doubt that both of those establishments Avill be very useful to the district, and probably of great emolument to the proprietors, but they certainly are not public objects, and I can con ceive no reason Avhy the public should protect the speculations of individuals ; at any rate, Avhere the advantages of them could only be local, the burden should be local also. I am very happy that Governor Blount has succeeded with the Cherokees. That Avill give great relief to Kentucky in a quarter where it was much exposed ; and I shall be very much obliged to you for a copy of the treaty. General St. Clair to Brigadier-General Scott. Fort Washington, July 19, 1791. Sir: — In consideration of the representations you have been pleased to make this day, as well on the part of the people of the District of Kentucky as of yourself, the Hon. Harry Innes, the Hon. John Brown, Benjamin Logan, and Isaac Shelby, Esq., I have consented, and I do hereby consent, in virtue of the power Correspondence, Addresses, Etc. 227 vested in me by the President ofthe United States, that the militia guard stationed at the Big-Bone Lick, in the District of Kentucky, be continued at the expense of the United States, as to pay and ra tions, agreeably to the instructions of the Secretary of the War De partment to the County Lieutenant, of the 10th of March last ; to continue untd the 15th August next,' provided the said guard shall not exceed the number of forty, non-commissioned officers included. General St. Clair to General Wllkinson. [Instructions.] j„;^ gj^^^ jygj^ Sir .-—By virtue of the powers vested in me by the President of the United States,. I have authorized a second expedition against the Indians of the Wabash, to be made with mounted volunteers from the District of Kentucky. Brigadier-General Scott, the Hon. John Brown, and others, were duly empowered to appoint the officers to command it, and it gives me pleasure that their choice has fallen upon you. The principal object of the expedition AviU be the Indian village, sometimes known by the name of Kikiah, situated near the junction of the L'Anguile or Eel River with the Wabasli, about three miles up the L'Anguile, Avhich comes in on the north side of the Wabash, about thirty-eight leagues above Ouiatannon. You are to proceed to that toAvn and assault the same and the Indians therein, either by sur prise, or otherwise, as the nature of the circumstances may admit, saving all who cease to resist, and capturing as many as possible, particularly Avomen and children. And, on this point, it is the positive orders of the President of the LTnited States, that all such captives be treated with kindness, and that they be carried and delivered to the commanding officers of some post of the United States upon the Ohio. Whether the assault upon the said town at L'Anguile should suc ceed or fail, you will proceed to such other Indian tOAvns or villages upon the Wabash or in the prairies, to the destruction of which you shall judge your force adequate. Of these there are several higher up the river, and none of them considerable. The first is at the Calumet River, about ten or twelve miles distant from Kikiah, and on the south side ; after that is the Mississinewa, miles further ' The directions for discharging the whole of the militia guard on the said district, on the 15th, notwithstanding. — Note by St. Clair. 228 The St. Clair Papers. up. Formerly it contained a considerable population, but at present it is believed is much reduced. Some iniles further up are the forks of the Wabash. In going to the Miami village, the north fork is used, and at the junction of those branches there was for merly an inconsiderable village, but Avhether it is uoav inhabited or not is not knoAvn. From thence it is from twenty-four to thirty-six miles to the Miami carrying place, Avhich is about ten miles over, and you are at the JMiami towns. To the Avestward and northAvard of L'Anguile lies the Kickapoo town, on the prairie, distant about sixty miles. After having effected by surprise, rapid marches and attacks, all the injury to the Indian enemy to Avhich your force shall be equal, the said mounted volunteers Avill return by Post St. Vincennes to the Rapids of the Ohio, Avhere the troojis of the said expedition will be again mustered by an officer of the regular army, in the same manner as when the troops of the said expedition commenced their march from the Ohio. Without limiting or imjjeding the ef fectual operations Avhich may be found practicable, it is presumed that the mounted volunteers may be employed north-west of the Ohio for a period averaging from tAventy to thirty days. This in terval, however, is to be understood not to prevent the execution of the considerable object, should it require an extension of time. The corps of mounted volunteers, being left entirely free from any restrictions in the manner of its execution of the objects pro posed, its reputation and the reputation of all concerned will be involved in its being perfectly conducted, and in its ultimate suc cess. Should the success attend you at L'Anguile which I Avish and hoise, you may find yourself equal to the attacking the Kickapoo town, situated iu the prairie not far from Sangamon River, Avhich empties itself into the Illinois. By information, that town is not distant from L'Anguile more than three easy days' marches. A visit at that place will be totally unexpected, and most probably at tended with decided good consequences ; neither will it be hazard ous, for the men, at this season, are generally out hunting beyond the line of the Illinois country. Should it seem feasible from cir cumstances, I recommend the attempt in preference to the toAvns higher up the Wabash, and success there would be followed by great eclat. The route by which you ought to return, it is not so easy to point out, because it depends upon a knowledge of the country, which I do not possess ; but, it appears to me it would be most ad visable to return by Ouiatannon, from which the distance is not so Correspondence, Addresses, Etc. 229 great as from L'Anguile. It is pretty certain that the Indians Avho inhabited that village have removed to the neighborhood of Fort Knox, and placed themselves under the protection of the United States, so you would probably meet no opposition from them. From thence to the Rapids of Ohio the route is well knoAvn. Between L'Anguile and the Kickapoo toAvn you would meet with two or three branches of the Sangamon, but all of them of no considerable depth ; there are three, certainly, between that place aud Ouiatannon. In a direct line, I reckon the distance from Fort Washington to L'Anguile to be about one hundred miles, and the course nearly north fifty-five Avest ; but, should you take a course pointing directly to the Miami village, which I should think most advisable in order to deceive the enemy Avith respect to your destination (for your march Avill most probably be discovered) , and pursue that for sixty or seventy miles, and then turn offin a direction about north toward Avest, or a little more westerly, it Avould prevent discoA'ery Avhich would ruin the object, and not increase your march over forty miles ; besides, it Avould probably carry you along the dividing ridges be tween the Wabash and the Avaters of those rivers Avhich discharge themseh'es iuto tlie Ohio higher up ; but these matters are merely hints for your information, to be made use of as you find them ap plicable, from a comparison Avith your own observation and the actual circumstances in Avhich you may find yourself. To you, sir, I knoAV I have no occasion to recommend cleinency, but am under the express command of the President of the United States. The luster that is shed upon success by generosity, and the reputation that accrues to a country from a temperate use of victory, is clearly understood and appreciated by you, to Avhom nothing could be more contrary to your own natural disposL tion than an act bordering upon inhumanity. I beg you, sir, to oblige the people under your command to^ refrain from scalping the dead. It is an act which, though it does no injury to the dead carcass, debases the persons Avho commit it. Should they be dis posed to it, you have a poAverful argument to adduce from the ex araple set in the former expedition, and the very general approbation it has met with. Wishing you every possible success, both from motives of public interest and private frieudship, I have the honor, etc. 230 The St. Clair Papers. General St. Clair to Israel Ludlow. Fort Washington, August Qth, 1791. /Sir; — You will please to inform me whether you have received any instructions from the contractors to provide for the transporta tion of the provisions for the campaign ; and, if you have received any, let me know specifically what they are.' General Knox to General Butler. War Departiwent, llth August, 1791. Sir : — I have received your letter of the 4th instant. It is considered by the President of the United States as an un happy omen that all the troops of the campaign had not descended the Ohio at the time you wrote. No retardment of the essential objects of the campaign should be permitted under the idea of defensive protection of the frontiers against a few straggling Indians. The counties are sufficiently strong for that purpose. If you should, therefore, be still at Fort Pitt, it is the decided orders of the President of the United States that you repair to headquarters with all possible dispatch, together with alt the troops, officers and stores destined for the campaign. It has been constantly intimated that Captain Phelon Avas the rear of the troops for the campaign, and that no dependence would be placed on those who should arrive after him. If there should be any deficiencies, the commanding General has authority for supplying them. Captain Newman will not be at Fort Pitt in less than fifteen days from the present time ; and Captain Buell in not less than one month, as he only marches from Brunswick this day. Colonel Gibson, therefore, can not have any object at Fort Pitt, and he must instantly repair to headquarters. Any levies raised by Captain Falkner, or any other person, after the present moment, Avill not be of any service, and are, therefore, to be suspended. I send a commission for Doctor Brown. The same sort of defensive protection is to be permitted for Mari- ' The reply Avas as follows : ^'Sir : — In answer to yours of this morning, I inform you that no instruc tion has been received from the contractor by me, directing the means for transporting the supplies of the army on the intended expedition." Correspondence, Addresses, Etc. 231 etta and Gallipolis, in proportion to their numbers, as the other ex posed places. General St. Clair to Colonel John Campbell. Lexington, August 21, 1791. Sir .-—Yesterday your letter of the 3d instant was handed to me on my Avay to this place. It is true that there are some Indians who have settled in the neighborhood of St. Vincennes; but Avhy the people of your country should be alarmed at it I caunot imag ine ; and they are very much mistaken in supposing that it has pro duced any alarm among the inhabitants of that place. Those Indians have withdraAvn themselves from those Avho are at war Avith us; have put themseh'es under the protection of the United States; and have been promised that protection so long as they behave them selves peaceably. Of course, they are not to be molested. The vol unteer expedition proposed, therefore, can not be permitted ; on the contrary, it is expressly forbidden. At the same time, I feel my self obliged to the gentlemen you mention for their Avillingness to engage in this business, the circumstances of Avhich, I suppose, they were unacquainted with. I have written to Captain Shannon, but, lest any accident should happen to the letter, I beg you to inform him that he must not think of attempting anything in that quarter.' General St. Clair to County Lieutenants. Danville, August 2M, 1791. Sir: — Some aid from the district of Kentucky Avill probably be wanted on the intended campaign, and as this country in particular is very much interested in the issue, I should be glad could it be ob tained in the most efficient, and, at the same time, the easiest man ner possible. To that end, I have thought it would be proper to have a consultation with the Lieutenants of the different counties, aud I have to request the favor of your coming to Lexington on the second day of next month, when I shall have the pleasure to meet you for that purpose. 'Colonel Campbell was at the Eapids ofthe Ohio, and proposed an expedi tion against the Indians in the vicinity of Vincennes. 282 The St. Clair Papers. General Knox to General St. Clair. War Department, August 25, 1791. Sir: — I inclose you a copy of my letter to you of the 18th inst., and of one to General Butler of the same date, and also of mine to him of this date. The President of the United States laments exceedingly the un fortunate detention of the troops on the upper jiart of the Ohio, for Avhich no reasons sufficiently strong have been assigned. This de tention will undoubtedly retard the commencement of the opera tions, and Avill require the highest exertions to accomplish the ob jects of the campaign. The President reiterates his confidence in your activity, and that every thing will be put in motion on the arrival of the rear of your troops under Major-General Butler. The Quartermaster Avill give vou horses for the artillery and bag gage, and if you require more than he has provided you must obtain them. I have repeatedly written to you that if the contractor's arrange ments, either in his supplies of provisions or the transportation of them, should be deficient, that such deficiency must be supplied by your orders, and the contractor be made answerable. The public service can not be retarded or injured by any deficiencies in that line. I have also Avritten you several times relative to any deficiency of troops in order that you might make such reasonable arrangements for the sujDj ilying of such deficiency as you should think proper, all of which has, no doubt, been done, on your part. General Knox to General Butler. War Department, Aug. 25, 1791. Sir : — I have received your letter of the 10th inst. , Avhich has been submitted to the President of the United States. I am commanded by him to inform you that he is by no means satisfied Avith the long detention of the troops on the upper part of the Ohio, which he considers as unnecessary and improper. And that it is his opinion, unless the highest exertions be made by all parts ofthe army to repair tlie loss ofthe season, that the expenses Avhich have been made for the campaign Avill be altogether lost, and that the measures from which so much has been expected Avill issue in disgrace. Correspondence, Addresses, Etc. General St. Clair to General Knox. Danville, Ky., Aug. 23, 1791. Sir: — This moment on my return from a consultation Avith Mr. Brown and Mr. Innes, of which I gave you a particular account from Lexington, an express arrived to General Scott, with letters from General Wilkinson. He has been completely successful at L'Anguille — surprised it — and has killed and taken forty-two. Par ticulars are not mentioned, saving, only, that circumstances pre vented his prosecuting the enterprise against the Kickapoo toAvn in the prairie, but that he had destroyed one of their villages of thirty houses, and had but two men kUled and one wounded. I left Fort Washington on the 18th, and shall set out on my return to-morrow. General Wilkinson to General St. Clair. Frankfort on Kentucky, August 24th, 1791. Sir: — Having carried into complete effect the enterprise Avhich you Avere pleased to direct against L'AnguUle, and having done the savages every other damage on the Wabash to Avhich I conceived my force adequate, I embrace the first moment's recess from active duty to detail to your Excellency the operations of the expedition intrusted to my conduct. I left the neighborhood of Fort Washington on the 1st instant at one o'clock, and, agreeably to my original plan, feinted boldly at the Miami villages, by the most direct course the nature of the ground over which I had to march would permit. I persevered in this plan until the morning of the 4th instant, and thereby avoided the hunt- ing-o-round of the enemy, aqd the paths Avhich led directly from White River to the Wabash, leaving the head-waters of the first to mv left. I then being about seventy-miles advanced of Fort Wash ington, turned north-west. I made no discovery until the 5th, about nine o'clock A. M., when I crossed three much-frequented paths, v.'ithin tAVO miles of each other, and all bearing east of north. My Tuides were urgent for me to foUow these paths, which betrayed their ignorance of the country, and convinced me I had to depend on my judgment only. In the afternoon of that day, I had to cross a deep bog, which injured several of my horses exceedingly ; and a feAv miles beyond I struck a path bearing north by west, marked by the recent footsteps of five or six savages. My guides re- 234 The St. Clair Papers. newed their application to me to folloAV this path, but I pursued my course, whieh had been nortii to west since 2 o'clock. I had not got clear of my encampment, next morning, before my advance reported an impassable bog in my front, extending several miles on either hand, and the guides asserted that the Avhole country to the Wa bash Avas cut by such bogs, and that it.Avould be impossible for me to proceed unless I foUoAved the Indian paths, Avhich avoided these bogs, or led through them at places Avhere they Avere least difficult. Although I paid very little regard to this information, as delay was dangerous and every thing depended upon the preserA'ation of my horses, I determined to turn to the right, and fell into the path I had passed the evening before, Avhich A'aried in its course from north by Avest to north-east. The country had uoav become pond}' in ev ery direction. I, tlierefore, resolved to pursue this path until noon, in the hope that it Avould conduct me to better grounds, or to some devious trace Avhich might lead to the object sought. At 7 o'clock I crossed an east branch of Calumet River, about forty j'ards Avide, and about noon my advance guard fired on a small l^arty of Avarriors, and took a prisoner ; the rest ran off to the east- Avard. I halted about a mile beyond the spot Avhere this affair hap pened, and, on examining the prisoner, found him to be a Delaware, living near the site of the late Miami village, Avhich, he informed me, Avas about thirty miles distant. I immediately retrograded four miles, and filed off by the right, over some rising ground Avhich I had observed between the east branch of the Calumet River and a creek four or five miles in advance of it taking my course north to west. This measure, fortunately, extricated me from the bogs and ponds, and soon placed me on firm ground. Late in the afternoon, I crossed one path running from north to south, and shortly after fell into an other, varying from north-west by Avest. I pursued this two miles, when I encamped, but finding it still inclined northward, I deter mined to abandon it in the morning. I resumed my march on the Gth, at 4 o'clock, the Calumet being to the westward of me. I was fearful I should strike the Wabash too high up, and perhaps fall in with the small town which you mentioned to me at the mouth of the former river. I therefore steered a due Avest course, and at 6 o'clock A. M. crossed a road much used both by horse and foot, bear ing due north. I uoav knew I Avas near a ShaAvanese village, generally supposed to be on the waters of White RiA'er, but actually on those of the Calumet, and Avas sensible that every thing depended on the celerity and silence of my movements, as my real object had become manifest. I therefore pushed my march vigorously, leaving an offi- Correspondence, Addresses, Etc. 235 cer and tAventy men in ambush to watch the road, in order to inter cept or beat off any part of the enemy Avhich might be casually passing that Avay, and thereby prevent, as long as possible the dis covery of my real intentions. At 8 o'clock I recrossed Calumet River, now eighty yards Avide, and running down NNW., and, pursuing my course, I crossed one path near the western bank of the river, taking the same course, and at six miles another, bearing to the north-east. I Avas now sen sible, from my reckoning, compared with my own observations dur ing the late expedition under General Scott, and the information re ceived from your Excellency and others, that I could not be very distant from L'Anguille. The party left at the road soon fell in with four warriors encamped half a mile from the right of my line of march, killed one, and drove off the others to the northward. My situation had now become extremely critical, the Avhole country in the north being in alarm, Avhich made me greatly anxious to con tinue my march during the night ; but I had no path to direct me, and it Avas impossible to keep my course, or for horsemen to march through a thick swampy country in utter darkness. I quitted my camp on the 7th, as soon as I could see my Avay, crossed one path at three miles distance, bearing north-east, and at seven miles I fell into another, very much used, bearing north-west by north, Avhich I at once adopted as the direct route to my object, and pushed for ward with the utmost dispatch. I halted at twelve o'clock to refresh the horses and examine the men's arms and ammunition ; marched again at half after one, and at fifteen minutes before five I struck the Wabash at one and a-half leagues above the , mouth of Eel River, being the very spot for which I had aimed from the commencement of my march. I crossed the river and followed the path a north by east course ; at the distance of two and a half miles my reconnoiter ing party announced Eel River in front, and the town on the oppo site bank. I dismounted, ran forAvard, and examined the situation of the town as far as was practicable Avithout exposing myself; but the whole face of the country, from the Wabash to the margin of the Eel River being a continued thicket of brambles, black-jacks, Aveeds, and shrubs of different kinds, it was impossible for me to get a satisfactory view Avithout endangering a discovery. I immediately determined to post two companies near the bank of the river oppo site to the town, and above the ground I then occupied, to make a detour Avith Major CaldAvell and the Second BattaUon, until I fell into the Miami trace, and by that route to cross the river above and o-ain the rear of the town, and to leave directions with Major Mc- 236 The St. Clair Papers. DoweU, Avho commanded the First Battalion, to lie jierdu until I commenced the attack, then to dash through the river Avith his corps, and the advance guard, aud assault the houses in front aud ujjon the left. In the moment I Avas about to put this arrangement into execution, Avord Avas brought me that the enemy had taken the alarm and were flying. I instantly ordered a general charge, Avhich Avas obeyed Avitli ahicrity, the men forcing their way over every ob stacle, plunged iuto the river Avith vast intrepidity. The enemy was unable to make the smallest resistance. Six warriors, in the hun-y of the charge, and tAvo squaws and a child Avere killed ; thirty- four jii'isoners Avere taken, and an unfortunate captive released, Avith the loss of two men killed and one wounded. I found their toAvn scattered along the Eel River for full three miles, on an une- A'en, scrubby oak barren, intersected alternately liy bogs almost im- jiassable, and impervious thickets of plum-hazel and black-jacks. NotAvithstanding these difficulties, if I may credit the report of the prisoners, very few Avho Avere in toAvn escaped ; expecting a second expedition, their goods were generally packed up or buried. Sixty Avarriors had crossed the Wabash to Avatch the paths leading from the Ohio. The head chief, Avith all the prisoners and a number of families, was out digging a root Avhich they substitute in the place of the potato, and about one hour before my arrival all the Avarriors ex cept eight had mounted their horses and rode up the river to a French store to purchase ammunition. This ammunition had ar rived from tlie Miami village that very day, and the squaAvs in- informed me, Avas stored about two miles from the town. I detached I\Iajor CaldAvoU in quest of it, but he failed to raake any discovery, although he scoured the country for seven or eight miles up the river. I encamped in the toAvn that night, and the next morning I cut up the corn, scarcely in the milk, burnt the cabins, mounted my young Avarriors, squaAvs and children in the best manner in my power, and leaving two infirm squaws and a chUd, Avith a short talk, I commenced my march for the Kickapoo town in the prairie. I felt my prisoners a A'ast incumbrance, but I Avas not in force to justify a detachment, having barely five huudred and tAventy-three rank and file, and being then in the bosom of theOuitanon country, one hundred and eighty miles removed from succor, and not more than one and a half days' march from the PottaAvatamies, ShaAvan ese and DelaAvares. Not being able to discover any path in the direct course to the Kickapoo town, I marched to the road heading to Tippecanoe, iu Correspondence, Addresses, Etc. 237 the hope of finding some diverging trace whicii might favor my de sign. I encamped that evening about six miles from Kenpacomaqqa, the Indian uame for the toAvn I had destroyed, and marched next morning at four o'clock. My course continued Avest until nine o'clock, Avhen I turned to the north-west on a small hunting path, and at a short distance I marched into the boundless prairies of the West, with the intention to pursue that course until I should strike a road Avhich heads fi:om the Patawatimas, of Lake Michigan, immediately to the toAvn I sought. With this vicAv I pushed forAvard, through bog after bog, to the saddle-skirts in mud and Avater, and, after per severing for eight hours, I found myself euA'ironed on all sides with morasses, which forbade my advancing, and at the same time ren dering it difficult for me to extricate my little army. The way by Avhich Ave had entered Avas so much beat and softened by the horses that it was almost impossible to return by that route, and my guide pronounced the morass in front impassable. A chain of thin groves extended in the direction of the Wabash at this time presented to my left, it Avas necessary I should gain those groves, and, for this purpose, I dismounted, Avent forAvard, and, leading my horse through a bog to the armpits, in mud and Avater, with great difficulty and fatigue I accomplished my object, aud, changing my course to south by Avest, I regained the Tippecanoe road at five o'clock, and encamped on it at seven o'clock, after a march of thirty miles, Avhich broke down several of my horses. I am the more, minute in detailing the occurrences of this day, be cause they produced the most unfaA'orable effects. I was in motion at four next morning, and at eight o'clock, my advanced guard made some discoveries Avhich induced r^e to believe we Avere near an In dian village. I immediately pushed that body forAvard in a trot, and folloAved with Major CaldAvell and the Second Battalion, leav ing Major McDowell /to take charge of the prisoners. I reached Tippecanoe at tAvelve o'clock, which had been occupied by the en emy, who had watched my motions and abandoned the place that morning. After the destruction of this toAvn, in June last, the en emy had returned and cultivated their corn and pulse, Avhich I found in high perfection, and in much greater quantity than atL'AnguiUe. To refresh my horses, and give time to cut down the corn, I deter mined to halt until the next morning, and then to resume my march to the Kickapoo town in the prairie, by the road Avhich leads from Ouiattanor to that place. In the course of the Avay, I had discovered some murmurings and discontent among the men, which I found, on inquiry, to proceed from their reluctance to advance further into 238 The St. Clair Papers. the enemy's country. This induced me to call for a state of the horses and provisions, Avhen, to my great mortification, two hundred and seventy horses Avere turned lame and tired, with barely five days' provisions for the men. Under these circumstances, I was compelled to abandon my designs upon the Kickapoos of the prairies, and with a degree of anguish not to be comprehended but by those Avho have experienced simUar disappointments, I marched forAvard to a toAvn of the same nation, situated about three leagues west of Ouiattanor. As I advanced to that toAvn, the enemy made some shoAV of fighting me, but vanished at my approach. I destroyed this towu, consisting of thirty houses, Avith a considerable quantity of corn in the milk, and the same day I moved on to Ouiattanor, where I forded the Wabash, and pro ceeded to the site of the villages on (he margin of the prairie, Avhere I encamped at seven o'clock. At this tOAvn and the villages destroyed by General Scott in June, we found the corn had been re planted, and Avas uoav in high cultivation, several fields being well ploAved, all of which Ave destroyed. On the 12th, I resumed my march, and, falling into General Scott's return trace, I arrived, Avith out any material incident, at the Rapids of the Ohio on the 21st in stant, after a march, by accurate compilation, of four hundred and fifty-one miles from Fort Washington. The volunteers of Kentucky have, on this occasion, acquitted themselves with their usual good conduct, but as no opportunity offered for individual distinction, it would be unjust to give one tlie plaudits to which all have an equal title. I can not, however, in propriety, forbear to express my Avarm approbation of the good conduct of my majors, McDowell and Caldwell, and of Colonel Rus sell, Avho, in the character of a volunteer Avithout commission, led my advance, and I feel myself under obligations to Major Adair aud Captain Parker, Avho acted immediately about my person, for the services they rendered me, by the most prompt, active, and en ergetic exertions. The services which I have been able to render fall short of my wishes, my intention, and expectation ; but, sir, Avhen you reflect on the causes which checked my career and blasted my designs, I flatter myself you Avill believe every thing has been done which could be done in my circumstances. I have destroyed the chief town ofthe Ouiattanon nation, and made prisoners the sons and sis ters of the king. I have burnt a respectable Kickapoo village, and cut down at least 430 acres of corn, chiefly in the milk. The Ouiat- tanons,left without houses, homes, or proA'isions, must cease to Avar, Correspondence, Addresses, Etc. 239 and wUl find active employ to subsist their squaws and chUdren during the impending Avinter. Should the services secure to the country I immediately repre sented, and the corps which I had the honor to command, the favor able consideration of the government, I shall infer the approbation of my OAvn conduct, which, added to the consciousness of my hav ing done my duty, avIU constitute the richest reward I can enjoy. Mr. Charles Vancouvre Avill have the honor to deliver this letter to your Excellency, who attended me as quartermaster to the expe dition, and rendered me important services. He is able to give you a satisfactory idea of the situation of the country over which I passed, and can ascertain with precision the course and distance to any point of my route. I recommend him to you as a gentleman of worth.' General St. Clair to Major Hamtramck. August 30, 1791. Sir : — As soon as the surveyor returns from the Miami RiA'er, and has reported to you that the route from the camp to the banks of that river is laid out, you will move with the troops under your command to a situation on or near its banks by either of the two lines Mr. Gano Avill have marked, which, upon a conference with him, you shall judge the best. A road must be opened as you ad vance, for the passage of the artillery, and as soon as the artillery horses arrive, two pieces will be sent forAvard to you. You will please to choose a defensible position, and such as may admit the troops, which are uoav here under command of Colonel Darke, con sisting of about three hundred men. Major Ferguson has orders to mark out the ground for a small fort, to be inclosed with pickets, in doing which you will afford him such assistance as he shall require ; and as soon after as may be, you will employ all the men that can possibly be spared for that purpose, in cutting doAvn pickets, pointing them, aud carrying to the place Avhere they are to be put up, agreeably to such directions as Major Ferguson may give. The Avork Avill require about twelve hundred pickets. It is my idea that the best way to get it soon finished is to give the men an easy task for the day, and Avhen they have performed it, that they should be dismissed. I suppose three 1 The orthography of names of villages, streams, and Indians, as found in the MS., has lieen followed. 240 The St. Clair Papers. men will very easily cut doAvn, butt, and point five pickets, and that seven more (six of Avhom Avith handspikes) Avill carry them to the ground. If the Avorking parties, then, are divided into squads of ten men, in every one of Avhich there should be three good axe men, and furnished with poles of the exact length the pickets are to be cut to, and a sufficient number of officers and non-commissioned of- cers to oversee them, the business Avould be very soon completed, and I take the liberty to recommend this method. These directions, should Colonel Darke join you before my return, you Avill please to put into his hands, as he avIU of course take the command. The assistant quartermaster has orders for the transportation of the tents. General Knox to the President. [Extract.] War Office, September 16, 1791. Yesterday afternoon I received a letter from General St. Clair of the Sth of August, referring to one of the 3d of the same month by Captain Mills, Avhich I have not yet received. He complains that neither General Butler nor the quartermaster had joined him, although it would seem that a great part of his force had. He also complains that the contractor's agent had not at that pe riod authority to procure the horses to transport the provisions, and that he had directed a former order of his own for the purchase of eight hundred horses to be carried into execution. He mentions that, upon reconsideration, he shall take tents; that he shall not be able to move forward with the Avhole army until the 1st of September, but that he should move Avitli the troops he had, the next day, about six miles in advance, and there wait for General Butler. General St. Clair to General Knox. Fort Washington, September 18, 1791. Sir: — On the 18th, I had the honor to advise you of the arri val of General Butler and the last of the troops I had reason to expect for the campaign, and that I had heard of Captain Buel's arrival, and to inclose the last monthly return. The militia from Kentucky are expected on the 25th. It is probable that I shaU move from the camp on the Great Miami on or before that day, and Correspondence, Addresses, Etc. 241 tbey will follow, but I doubt I have been too sanguine in my calcu lation of the time necessary for erecting the fort there, but as soon as it is inclosed, and the shell of the houses up, the garrison will be able to complete it for themselves before winter. The commissary has got forward to that place about one hundred thousand rations, and the quartermaster informs me that he expects to move from hence every thing immediately necessary in his department by the 21st, and the court of inquiry will probably be over about the same time, so that I do not uoav see any thing that is likely to impede us any further. I have given you, sir, this short vicAV of our present expectations for your satisfaction, because this letter, Avhich goes by a light canoe of the contractor's to Pittsburgh, may possibly get to hand before that of the 18th,' Avhere they are detailed more at large, to assure you once more that every possible exertion shall be made to bring the campaign to a speedy and happy issue. General Knox to the President. War Department, September 24, 1791. Sir : — I have the honor to inform you that, since my last, I have received several letters from Major-General St. Clair, up to the 29th of the last month. He complains heavily that neither General Butler nor the quartermaster had joined him, and seems to be ap prehensive that the state of the river Avould prevent their arrival altogether. Under this impression, he has called upon the county lieutenants to meet him the 3d of September, in order to obtain from them as many militia as he might require. He Avas induced to this measure from the adA'ice of Judge Innes, and others, in order to persuade the lieutenants, to a measure, Avhich it seems they would enter Avith an order from the Go\:ernor of Virginia, Avhich they had not re ceiA'ed. I Avrote to the Governor of Virginia, by your authority, on the 15th of July, requesting him to instruct the county lieutenants of Kentucky that, in case General St. Clair should call for militia, that there should be no obstruction. He answered on the 4th of August, " that he had embraced the first opportunity to instruct General Scott to use every exertion to insure them of ample com- 1 Evidently an error in date. The letter referred to never reached its destination. See letter of General Knox to St. Clair, October 13th, p. 247. Vol. 11—16. 242 The St. Clair Papers. pliance with the requisition of the general of the Federal troops for militia." But I flatter myself that he will not think proper to require any militia, excepting, perhaps, tAVO or three hundred mounted volun teers. As it Avill appear, from the inclosed statement of troops taken from the muster-rolls, that, deducting for sick and desertions, he AvUl have, on the 10th of this month, above two thousand effect ives, regulars and levies, besides making an allowance of nearly four huudred for non-effectives. The horses for the quartermaster's department for transporting the provisions and for the artillery, were provided, and the artillery and ammunition for the infantry were in readiness, and the troops which had assembled on the 15th of August, had, on that day, moved forward to the crossing of the Miami, and reached the first post of communication. General St. Clair is apprehensive that what General Butler calls his last detachment will not arrive in sea son, but that he shall not Avait for it. If the enemy means to make proposals for peace, it is not likely to happen until the army is in motion. I believe they Avill give us credit for uumbers sufficient to the end. It may be fairly concluded, that, as every thing was in readiness but the rear guard, that General St. Clair Avould move to the first post of communication without it, about thirty-five miles, and that General Butler would join him there about the 12th instant. P. S.' — I have omitted to state that General St. Clair mentions it as his opinion, that the tAvo successful volunteer expeditions will en tirely detach the Wabash Indians from the hostile Indians, and that three hundred of them, men, women, and children, had put them selves under the protection of the United States, not far from Post Vincennes. General Knox to General. St. Claie. War Department, September 29, 1791. Sir : — I have received from Brigadier-General Wilkinson a copy of his report to you relative to his expedition against L'Anguille. As his conduct and services on this occasion merit public thanks, I have transmitted him a letter, of Avhich the following is an extract: " I have, by this day's post, instructed Major-General St. Clair — if he had not already performed that pleasing duty — to thank you, in the name of the President of the United States, for the zeal, per severance and good conduct manifested by you in the command of Correspondence, Addresses, Etc. 243 the expedition, and for the humanity observed towards the prison ers whom you captured. And, also, to thank the officers and pri vates of the volunteers for their activity and bravery while under your command ; and to express his hope that you and they may enjoy in future entire peace as a reward for your services." If you should not have previously thanked him, you will please do it according to the ideas expressed to him. General Knox to the President. War Department, October 1, 1791. Sir : — Yesterday I received a letter from General St. Clair, dated at Lexington, in Kentucky, the 4th ultimo. He had repaired to that place in order to meet the county lieutenants of the district, for the purpose of obtaining such a number of militia as he judged would be necessary to enable the army to accomplish the objects which had been directed. He agreed with the county lieutenants that eleven hundred and fifty non-commissioned and privates should be drafted, although he says he neither expects nor desires more than seven hundred and fifty. They are to be at Fort Washington on the 25th ultimo. He, upon a full consideration and consultation with the county lieutenants, decided that the militia to be called out should not be volunteers, but to act as infantry, and to serve for three months if necessary. The county lieutenants were unanimous and cordial in their promises. In the meantime, he had ordered the first division of the troops, already assembled at or near Fort Washington, to move to the Miami River on the 2d ultimo, about thirty-five miles from Fort Washington, and Colonel Darke, with the second division, to follow as soon as possible. This would be the first post of communication, and as soon as it should be finished, Avhich he expects will be in ten days' after its commencement, he Avould move forward to establish a second post, and there he shall expect to be joined by General Butler and the mUitia from Kentucky. He seems to think it im prudent to move farther than a second until his whole force should be collected. He supposes, from his information, that it is possible to assemble twelve or fifteen hundred hostUe Indians, but that they can not subsist long together, as the country is very far from being stocked with game. I am persuaded that General Butler must have joined with the rear about the 12th ultimo. 244 The St. Clair Papers. General St. Clair says : "I beg you to assure the President that nothing can exceed the anxiety I feel to have the operations of the campaign begun, and it is a' point on which, for some time past, I have been uneasy to a great degree ; to forward the preparations, nothing has been left undone, early and late, with the few men under my command." Indeed, judging from the very full communications of General St. Clair, Avhich I have forborne troubling you Avith at present in the detail, it Avould appear that he has exerted himself in the highest degree.' The distance of the second jaost avIU be probably about seventy miles from Fort Washington, and about fifty miles from the Miami village. He avIU have all the regular force before he leaves his first post of communication, and it Avill probably be superior to all possible combinations Avhich maj be brought against him. But, although his regular force may appear to be sufficient at this dis tance, yet, confiding in his judgment, his call of the militia will, in all human probability, give the greatest certainty to his operations, and which, I flatter myself, will be entirely efficacious and honorable to the government. Had the operations commenced tAVO months earlier, it would have been more comfortable for the troops, and have given greater time to have improved all advantages. But the extensive field from which the troops have been collected, the lowness of the Avaters on the Ohio, and the tedious delays of some of the agents in the busi ness, have rendered an earlier campaign impracticable. Major-General Butler to General St. Claie. Camp Miami, October M, 1791. Sir : — I have the honor to transmit to your Excellency a dupli cate of the proceedings of the Court of Inquiry on the conduct of Brigadier-General Harmar, commanding officer on the expeditions against the Miami Indians last year.^ I have also the pleasure to inform you that the army avIU march to-morroAV morning at 8 o'clock. Horses are distributed to the troops, and ammunition distributed as foUoAvs, viz : All the artillery, ex cept sixty rounds per gun, and half the musket cartridges. Captain ^This letter of the Secretary of War refers to communications from Gen eral St. Clair, which are missing from the Government archives. St. Clair's own copies were lost on the 4th of November. 2 Finding of the Court — the acquittal of General Harmar with honor. Correspondence, Addresses, Etc. 245 Montford, with a detachment as directed, chiefly of the convalescents, has moved this day to the fort. A body of the contractors' stores bave crossed the river under a covering party for the night, and will join on the line of march when the army comes up. I have just received a verbal report from Captain Ginnon, the surveyor, who is returned. He has been seven miles, and says the face of the country is level but very brushy, and in his opinion it is impracti cable for loaded horses to get on without a road. Of this I will be a better judge as I advance and try the present order of march, etc. Should I find it impracticable to execute, I feel confident that any directions that may be necessary to facilitate the movement will meet your approbation. The road is cut one and a-half miles to a good stream of water and ground to encamp on. Five miles ad vanced of that is a large creek, which is three feet deep at the place be crossed, but a little beloAV is a ford, Avhich it is probable we must up [out] . Should I not have the honor to see you to-morrow evening, I will continue the march, and advise you of my progress. General St. Clair to Secretary Knox. Fort Waspiington, October Qth, 1791. Sir: — I have now the satisfaction to inform you that the army- moved from Fort Hamilton, the name I have given to the fort on the Miami, on the 4th, at eight in the morning, under the command of General Butler. The order of march and encampment I had regulated before, and on the 3d returned to this place to get up the militia. They marched yesterday, and consist of but about three hundred men, as you Avill see by the enclosed abstract of the muster. I have reason to be lieve, hoAvever, that at least an equal number Avill be up here by the 10th, and I have left orders for them to folio av us. The monthly return should have accompanied this letter, but it Avas not ready when I left camp, and has not been forAvarded since. I have hitherto found it impossible to reduce the officers commanding corps to punc tuality with respect to their returns, but they are mending. Our number, after deducting the garrisons of this place and Fort Ham Uton, are about tAvo thousand, exclusive of the militia. I trust I shaU find them sufficient, and should the rest of the mUitia come on, it will make the matter pretty certain ; but the season is now so far advanced, that I fear the intermediate posts, which would, in deed, have been highly necessary, it Avill be impossible to estabUsh. 246 The St. aair Papers. In that, however, I must be governed by circumstances, of which I Avill take care that you shall be apprised in due time. Should the enemy come to meet us, which seems to be expected, and be discom fited, there avUI be no difficulties, but if they expect us at the Miami villages, the business will wear another face, and the intermediate posts become more essential. Since the quartermaster has been here, and got into his gears, which it took him a little time to do, I am very Avell satisfied with him, and do believe he will answer the description which you was pleased to give me of him ; his business seems now to be well- arranged. In order to communicate with some degree of certainty with your office, 1 have directed Captain Buel, when he arrives, to send a ser geant and tAvelve men to a house that has been ncAvly erected, half way betAven this place and Lexington, to each of Avhich two men are to be sent off on every Monday morning to carry dispatches. Those for the War Office, or any other public letters, to be put intO' the hands of Mr. Charles Wilkins, merchant, of Lexington, who has engaged to forward all I have occasion to send, regularly, once a fortnight ; and should you, sir, think proper to use the same route for any of yours, if they are sent to his care, he Avill forAvard them to me. I have been led to prefer this channel of communication to that of the river, because it appears to be rather the more certain of the two, though it may be a little more tedious, and because de sertion continues to prevail among the troops, and the sending smaU parties to such a distance gives great opportunity to effect it. Gen eral Butler informs me that no less than twenty-one went off the night before the army moved from Fort Hamilton. I am this mo ment setting out for the army, which I hope to overtake to-morrow evening, and I wiU write to you again, as soon after as may be. General St. Clair to Israel Ludlow, Agent of the Con tractors. [Extract.] October 8th, 1791. I make no doubt, sir, that you will do aU in your power — impos sibilities I do not look for, but, sir, ninety thousand rations of provisions ought to have been at this place by this time, and horses to carry forward forty-five thousand. This you know had been demanded and promised; instead of which, by the day after to-morrow I shall not have an ounce, unless some Correspondence, Addresses, Etc. 24T arrives in the mean time. If you found the transportation im practicable, you ought to have informed me, that I might have taken means to have got suppUes forward, or not have committed my army to the wilderness. I have now sent two hundred and eighty or ninety horses from the quartermaster's department to bring a supply ; and I require an explicit answer to the foUowing questions : What is the earliest time you can have tAventy days' flour for the army forward at this place ? If you are not able to send on flour for twenty days, for hoAv many days can you send, and when may it be expected to arrive with certainty? It seems to me, sir, to be idle to talk about disappointments in drivers, and horses thereby unemployed, in a business Avhere the honor and the interests of the United States are so deeply concerned as in the present. No disappointment should have happened Avhich was in the poAA'er of money to prevent ; and money could certainly have prevented any here. A competent number of horses Avere provided to your hand ; how they have been employed I know not ; certainly one half of them have never been upon the road, or we should not have been in our present situation ; and take notice, that the Avant of drivers will be no excuse to a starving army and a disappointed people.' General Knox to General St. Clair. War Department, October 13, 1791. Sir: — I have the honor to acknowledge the receipt of your letter of the 18th ult., from Fort Washington by the contractor's light canoe, which refers to a former letter, by some other conveyance, not yet come to hand. Captain Haskell will have arrived at Fort Pitt by this time. Captain Cushing will probably march from BrunsAvick Avith about ninety men on the 1 Sth instant. We shall be extremely anxious to hear from you while upon your expedition, Avhich, I pray God, may succeed in all its parts. As you will not probably receive this letter until your return from the expedition, I sliall not enter into details. The President of the United States is absent in Virginia, and Avill not be here until the 20th. ^This letter was probably dispatched from Fort Hamilton. 248 The St. Clair Papers. General St. Clair to Samuel Hodgdon, Quartermaster- General. Camp, Sixty-Eight and a Half Miles Advanced, October 21st, 1791. Sir: — From a letter of the contractors' agent for transporting the provisions of the army, of the 17th instant, I have the great est reason to fear a disappointment Avhich may render the whole campaign abortive. You will, therefore, sir, Avith all the expedition you can make, go back and obtain a certain and precise account from him, of the measures he has taken to afford a certain supply of pro visions for the army, not only at this place, but at every other where it may move to ; and on the communication, I should have been glad to have furnished you Avith a copy of my orders to him upon the subject, but I have them not Avith me ; they are iu gen eral these : That forty -five thousand rations of provisions should move Avitli the army ; that tAvice in every ten days forty-five thous and rations should move from Fort Washington to the next post, until three hundred and sixty thousand rations were sent forward ; that forty-five thousand rations should again move with the army from the first post to a second, and an equal number tAvice in eA'ery ten days until the residue of the three hundred and sixty thousand were carried forAvard, and so on from post to post, still moving with forty-five thousand rations. They have failed entirely in enabling me to moA'e with forty-five thousand rations, and from the letter above mentioned, the agent seems not to expect to move any be yond this jilace ; for he says: " If you move from thence (mean ing this place) shortly, and take ten days' provisions Avith you, it Avill deprive us of the means to transport Avhat may be necessary after that is exhausted." After, then, that you knoAV exactly Avhat the contractors can do as to transportation, (for so far as they can do it, it is their business, and must not be taken out of their hands) you Avill take your measures so, as that, on the 27th instant, I may be able to move with three hundred horse-loads of flour, aud that one hundred and fifty horse-loads succeed that every seven days ; one hundred and fifty horses being sent back every seven days. For AvhatcA'er expense may attend the arrangement, this shall be your warrant ; and I am certain, from your personal character, as well as from your zeal for the public good, that no unneccessary expense wiU be incurred. It is to be observed, that our beef avIU be ex pended about the 5th or Gth of next month. When I left Fort Washington, the agent of the contractors informed me that he ex- Correspondence, Addresses, Etc. 249 pected a drove of cattle very soon ; whether they are arrived or not I am not informed. I have written to him on this occasion ; but I request you to inform yourself, aud, if necessary, to make provision there also ; and, indeed, there is not a moment to lose about it, and to provide for any deficiency. He writes me that the measures he has taken wUl give a supply to the last of December or a month longer, but nothing must be left to hazard. General St. Clair to Secretary Knox. Camp, Eighty-one Miles Advanced of Fort Washington, November 1, 1791. Sir: — Since I had the honor to write to you on the 21st instant, nothing very material has happened, and, indeed, I am at present -SO unwell, and have been so for some time past, that I could ill de tail it if it had happened — not that that space of time has been en tkely barren of incidents, but as few of them have been of the agreeable kind, I beg you to accept a sort of journal account of them, which Avill be the easiest for me. On the 22d, the indisposition that had hung about me for some time, sometimes appearing as a bilious colic, and sometimes as a rheumatic asthma, to my great satisfaction, changed to a gout in the left arm and hand, leaving the breast and stomach perfectly re lieved, and the cough, Avhich had been excessive, entirely gone. This day, Mr. Ellis, Avith sixty militia from Kentucky, joined the army, and brought ujj a quantity of flour and beef. 23d. — Tavo men taken in the act of deserting to the enemy, and one for shooting another soldier and threatening to kill an officer, Avere hanged upon the grand parade, the Avhole army being draAvn out. Since the army has halted, the country around this, and ahead for fifteen miles, has been Avell examined. It is a country Avhich, had we arrived a month sooner in it, and Avith three times the number of animals, they would have been all fat now. 24th. — Named the fort Jefferson (it lies in lat. 50, 4.22 N.), and marched, the same Indian path serving to conduct us about six miles, and encamped on good ground and in an excellent position ; a rivulet in front and a very large plain, Avhich Avould, at the proper season afford forage for a thousand horses, on the left. So ill this ¦day that I had much difficulty in keeping with the army. 25ili. — Very hard rains last night ; obliged to halt to-day on ac- 250 lhe St. Clair Papers. count of provisions, for though the soldiers may be kept pretty easy in camp under the expectation of provisions arriving, they can not bear to march in advance and take none along with' them ; received a letter from Mr. Hodgden by express ; 1,300 pounds fiour Avill ar rive the 27th. 2Qth. — A party of militia, sent to reconnoiter, fell in Avith five Indians and suffered them to slip through their fingers. In their camp, articles to the value of $22 Avere found and divided. The Virginia battalion is melting down very fast, notwithstanding the promises of the men to the officers. Thirteen have been discharged by Colonel Darke to-day. 21th. — Gave orders for enlisting the levies, with condition of serving out their time in the present corps. Piamingo ' arrived in camp with his warriors. I was so uuAvell, could only see him and bid him welcome; but entered on no business. Considerable dissatis faction among the levies about their enlistments. ¦. 28th. — Some clothing sent for to Fort Washington for the recruits arrived, was begun to be distributed, and will have a good effect ; but the enlisting the levies does not meet with the encouragement that might have been expected. It is not openly complained of by the officers, but it is certainly privately by some of high rank ; and the measure of tempting them with Avarm clothing condemned. Mr. Hodgdon Avrites me that he is sending forward a quantity of woolen overalls and socks, by General Butler's orders. I have or dered them to be deposited at Fort Jefferson. Some few Indians- about us — probably those the militia fell in Avith a day or tAVO ago. Two of the levies were fired upon about three miles off, one killed ; two of the militia likewise. One of them got in, and the other- missing — supposed to be taken. 29th. — Piamingo and his people, accompanied by Captain Sparks and four good riflemen, going on a scout ; they do not pro pose to return under ten days, unless they sooner succeed in taking prisoners. 30i/i. — The army moved about nine o'clock, and, Avith much diffi culty, made seven miles, having left a considerable part of the tents by the way; the provision made by the quartermaster for that purpose was not adequate — three days' flour issued to the men, to add the horses that carried it to his arrangements — the Indian' road still Avith us ; the course of this day, N. 25 W. 31st — This morning, about sixty of the militia deserted; it was. ^ Written also Payamingo. Correspondence, Addresses, Etc. 251 at first reported that one-half of them had gone off", and that their design was to plunder the convoys Avhich were upon the road. I detached the first regiment in pursuit of them, with orders to Major Hamtramck to send a sufficient guard back Avith Benham (a commissary) whenever he met with them, and follow about twenty- five miles below Fort Jefferson, or untU he met the second convoy, and then return and join the army. Benham arrived last night, and to-day, November 1st, the army is halted to give the road-cut ters an opportunity of getting some distance ahead, and that I might Avrite to you. I am this day considerably recovered, and hope that it will turn out what I at first expected it Avould be, a friendly fit of the gout, come to relieve me from every other complaint. Yesterday, I was favored with yours of the 28th and 29th of Sep tember. I have inclosed my communications Avith the old and neAV contractors, and their answers. My orders from the posts to them are not yet defitiitive, but they will be very soon. In the meantime, I expect they are both at work. P. S. — Your letters, to General Wilkinson and General Scott, Mr. Jones and Mr. Brown, are sent back ; and the public thanks, in the name of the President, presented to General Wilkinson, agreeably to your directions. The Campaign in the Indian Country. [Prom the Diary of Major Ebenezer Denny, Aid-de-Camp to Major-General St. Clair.] Fort Washington, Sept. 1st. General St. Clair appears exceedingly impatient at the delay or detention of some of the corps. The quartermaster-general, Hodg don, not yet come on, and General Butler, the second in command, is also back. Preparations for the campaign very backAvard. Gen eral Harmar seems determined to quit the service ; has positively refused going on the campaign, and takes no command. 7th. — General Butler, and Hodgdon, the quartermaster-general, with Captain Newman's company of the Second regiment, arrive. General Harmar soUcits a court of inquiry to examine into his con duct in the last campaign. The court is ordered — General Richard Butler the president. Several days spent in examining the testi mony. The court make a report to the Commander-in-Chief highly honorable to General Harmar. It Avas impossible for me not to be affected by the determination of General Harmar. I knew that he only waited for the march of the army, when he would ascend the 252 The St. Clair Papers. river with his family and retire to civil life. My secret wish was to accompany him ; he discovered it, and informed me that he would apply for an officer's command to escort and work his boat to Pitts burgh, and had no doubt but that General St. Clair, upon being asked, Avould order me on that service. I made the request in Avriting ; Avas answered that it could not be granted. I stayed with General Harmar and his family until the last moment. He con versed frequently and freely with a few of his friends on the prob able result of the campaign ; predicted a defeat. He suspected a disposition in me to resign ; discouraged the idea. ' ' You must," said he, "go on the campaign; some wiU escape, and you may be among the number." 2Qth. — Left Fort Washington and proceeded to join my regiment. Arrived at the army next day. Found a pleasant encampment twenty-three miles from Fort Washington, on the Great Miami. The principal part of the troops have been at this place since the 15th, building a stockade fort with four bastions. Barracks to ac commodate one hundred men. 29th. — Commenced my duty as adjutant. Major Hamtramck the commanding officer of the regiment. We are informed that upward of one hundred horses haA'e been stolen, supposed by the enemy, from the vicinity of Fort Washington ; some of them cut from their fastenings under the Avails of the fort. 30th. — Appointed aid-de-camp to the Commander-in-Chief. With much difficulty, finished and handed in a set of monthly returns. Oct. 1st. — Joined the General's family, found to consist of Colonel Sargent, the adjutant-general. Count Malartie, a young Frenchman from Gallipolis, in character of volunteer aid, and the General. 2d. — Accompany Commander-in-Chief to Fort Washington. Three hundred militia had just reached that place from Kentucky. 3d. — A number of militia are reported to have deserted ab'cady. 4th. — A sergeant and nine of the militia deserted last night. 5th. — An officer from the army arrives in pursuit of deserters. A sergeant and tAventy-five deserted on the night of the 3d. Qth. — After some difficulty in getting the militia equipped, they march to join the army. Public dispatches forwarded to seat of government by way of Lexington. 1th. — Set out about nine o'clock ; arrive at Fort Hamilton in the afternoon. The army had marched on the 4th. 8th. — We cross the Miami twenty-five miles from Fort Washing ton, and follow the army ; their course north sixteen degrees. Passed four encampments and the militia on their march. Joined Correspondence, Addresses, Etc. 253 in the evening as troops were encamping. Distance from Fort Washington forty-four and one-fourth miles. The army is five days from Fort Hamilton, at the fording of the Miami, to this place (not four miles a day). 9th. — The army marched this morning at ten o'clock, and en camped about three ; gained only five miles. The country, thus far from the Miami, level, rich, and exceedingly Avell watered Avith small branches. 10th. — Army in motion at eight o'clock. Country more flat. Crossed a number of small rivulets running east. Timber chiefly beech. Gained about eight miles, and encamped at four o'clock. The horses had been all tied up last night, Avhich enabled an early start this morning. llth. — Ten o'clock this morning before the troops took up the line of march. Horses missing, Avhich occasioned the delay. About twelve, arrived at a pretty little creek running Avest, sujiposed to be a branch of White River. Fresh trails of Indians discovered. Two o'clock, came directly upon an extensiA'e Avet prairie ; army obliged to halt and encamp. Marched this day not more than six miles. Country very level, well watered and timbered. 12th. — This morning spent in searching the prairie and examining for a passage across. General Butler, with a party, set out early toward the east ; myself, with a captain and fifty riflemen, to ex amine westerly. After proceeding about three miles we made out to cross the prairie, but with difficulty got my horse through. From this place Ave had a view for several miles west ; the prairie rather appearing to increase. On the north side came upon a deep-beaten Indian path, Avhich Ave followed about two miles, turned and re crossed the prairie, examined further, could find no place possible for the army to cross Avithout bridging at least three huudred yards. General Butler's report favorable. He found a pretty good Avay by going three miles round. Twelve o'clock, the army marched, alter ing their course to north-east thirty-five degrees. Passed several smaU prairies, all of them swampy. Fell in Avith an Indian path, leading through and avoiding the Avet land. March this day five and one-half mdes over excellent country, Avatered Avith pretty small runs, Avinding about in every direction. 13th. — The General, Avith a fcAV attendants, reconnoiters the country- Makes choice of ground to erect another fort for purpose of a deposit. The army moved about one o'clock, one mile, near to this ground and encamped. 14i7i. Two hundred men employed, under direction of Major 254 The St. Clair Papers. Ferguson, at the new fort. It is to be a square work, curtains thirty -five yards ; regular bastions in each angle. The whole raised with logs laid horizontally ; the face of the curtains forming the rear of the barracks. 15ft. — Cold and wet. Heavy rain last night and continues aU the day. IQth. — Rain all last night. Express from Fort Washington with information of the mountain leader and twenty Indians of the Chickasaw nation on their way from Fort Washington, and also of sixty horse-loads of flour. llth. — The new fort goes on but slowly. Weather very bad ; constant rain night and day. A rifleman of the militia, a few mUes from camp, with leave to hunt, fired upon by a single Indian and wounded through the hip, but made his escape into camp. Men desert ; four of the First regiment went off since our arrival here. 18th. — A continuation of wet, disagreeable weather. The army would have been Avithout bread after to-day had not a smaU supply of forty-eight horse-loads arrived. 19i/t. — All the horses ofthe army, quartermasters' as well as con tractors', sent back for a supply of flour. Unpardonable misman agement in the provision department. Troops put on half aUow ance of flour. Colonel Oldham, commanding officer of miUtia, directed to furnish an escort to go back with the horses. His men declare if they are sent on that duty they will not return. Fal coner's company of levies escort the horses back. 20th. — The time for Avhich the levies Avere enlisted begins to ex pire. Ten were discharged this morning ; several a few days ago. The levies from Virginia claim their discharge. AU of Captain Hanah's company from Alexandria discharged. An express this day from Fort Washington. Captain Buel's company of the Second regiinent had arrived there from the eastivard. 21st. — Very severe frost last night; ice upon the Avaters near a half inch thick. The food of our horses and cattle had been in jured by slight frosts as early as the 4th. A strong guard escort the cattle and horses to the best pasture, and every afternoon one- half the army off duty turn out and bring grass from the prairie to serve them over night. 22d. — For want of sufficiency of flour, the General has been under the necessity of keeping the troops upon half a pound of that article daily, but the ration is made up of beef. This, however would not satisfy militia ; twenty of them deserted last night, and some more this morning. An officer near Lexington, who joined Correspondence, Addresses, Etc. 255 us this day with about sixty men, happened to meet those who went off this morning, and brought them back. He informed us that a number of the militia avIio had deserted from Fort Washing ton, and on the march, had been apprehended in Kentucky, and were confined in the jails. Two brigades of horses, loaded Avitli flour, arrived this day, estimated at one thousand eight hundred pounds ; also a small drove of cattle. The quartermaster-general is ordered to Fort Washington to make some more certain arrange ment with regard to supplies of provisions — the contractor not to . be depended on. 23d. — Two artillerymen attempted to desert to the enemy, were taken, tried, and sentenced to suffer death ; were hanged, along with one of the levies, for shooting his comrade. The country for ten miles round has been well explored. Many large wet prairies, especially to the west. Upland thin, covered chiefly with white oak. Fine springs which feed the prairies. Any quantity of meadow ground — natural meadow. 24th. — The army took up their line of march about 9 o'clock. Pursued the' old Indian path leading north through a fine open woods. The soil and timber of a superior quality. Gained six miles and encamped along the bank of a handsome creek running east ; a large prairie on our left.' A captain's command left at the ncAV fort, called Fort Jefferson, with all the men unable to march. The Commabder-in-Chief has been unwell for some time past, but to day scarcely able to accompany the army. 25th. — Rain almost all last night. Troops continued encamped. 2Qth. — Remain encamped. A party of fifty militia sent to re connoiter the country north-west fell in Avith five of the enemy about fifteen miles from camp, but owing to mismanagement, the Indians made their escape, leaving behind in their camp, blankets, tomahawks, paint, etc. , to the value of twenty-two dollars. An ex press from the quartermaster-general, respecting provisions. The Commander-in-Chief very ill. 27th. — The army wait for a supply of flour to enable them to pro ceed. The last pound served out this day, and should none arrive, on to-morrow the men will be without bread. Much dissatisfaction among the militia and levies ; the latter claim their discharge ; say they have served longer than the term for which they have en Usted. The enlistments are indeed somewhat extraordinary ; they specify six months after assembling at the rendezvous on the fron- ' This camp called afterward by Wayne, " Greenville." 256 The St. Clair Papers. tier, but there has been no uniformity observed ; some corps have- inserted Winchester, some Fort Pitt, and others Fort Washington, but the bulk of the men say and declare that they engaged to serve but for six months from the date of their enlistment. These cir cumstances have been made a cause of complaint to the General, Avho has had much trouble. Piamingo and nineteen ChickasaAvs join the camp. The season so far adA'anced it will be impracticable to continue the campaign. Forage entirely destroyed ; horses fail ing and can not be kept up; jirovislons from hand to mouth. A party of men engaged in throwing a bridge over the creek in front of the camp. Some hail aud snow to-day. 28th. — ScA'enty-four horses loaded Avith flour arrive ; about twelve thousand pounds. This supply Avill afford four days' alloAvance to the army. A fcAV horses came loaded Avitli clothing for the First regiment, the officers of Avhich A\ere directed to fill up their com panies, if possible, from the levies. The ucav clothing has a good effect; near forty have already enlisted. Tavo privates of Major Butler's battalion Avere fired ui^on about three miles from camp, one of them killed, the other wounded, but made his escape to camp. Two of the militia some miles out, Avere piursued by four Indians ; one only got in, it is supposed the other is a prisoner, as the savages endeaA'ored to catch him Avlien they might have shot Avith certainty. In the general orders of this day, the troops directed to be under arms at the first tajD of the drum, Avhich is to be given at daylight, and to continue paraded until dismissed. 29th.- — One of the sentries, Avhich form the chain round the en campment, alarmed the troops last night about nine o'clock, and put them all under arms. Pie imagined that he saAV an Indian, and fired three times at some object. The First and Second regimant of regu lars compose about one-third of the army, and although chiefly re cruits, are tolerably Avell disciplined, but the remainder (excepting the few militia), being levies and raised but for six months, and their times expiring dally, they take great Uberties. This morning there Avas a constant firing kept up round the camp, nothwithstand- ing it is known there is a general order against it ; in fact, at pres ent they are more troublesome and far inferior to the militia. A bridge throAA'u across the creek. One liundred and tAventy men, properly officered, were ordered forward to open the road for the army. Tavo hundred militia go as a coA'ering party. Piamingo aud his nineteen Avarriors, accompanied by Captain Sparks of the levies, with four riflemen, set out on a scout; their object, to take a pris oner. The battalion of levies from the territory south-east of the Correspondence, Addresses, Etc. 257 Ohio being so small, it was blended Avith the one from Virginia. Supernumerary officers went home. Three days' flour issued to the troops iu order that horses may be had to carry the baggage ; most of the baggage horses having been sent Avith the quartermaster- general for provisions. 30th. — The army took up the line of march about nine o'clock, crossed the creek upon the bridge, and left a very handsome en campment. The creek Avhich runs along in front of the ground, twenty -five yards wide, is said to be a principal branch of the Miami. Gained seven miles this day ; course north-west tAventj'-five degrees. The soil and timber of a superior quality. The General has been so very ill since Ave left Fort Jefferson, that it was supposed he would not be able to proceed. 31s^ — A very unpleasant camp in the woods ; soil rich and tim ber thick and heavy. Last evening had a gust Avith severe light ning and thunder ; directly after night the Avind rose and blew vio lently until daybreak. The trees and limbs falling around and in the midst of us, with the darkness of the night and in an enemy's country, occasioned some concern. About 12 o'clock at night, for the first time, at the request of the General, I A'isited all the guards. Army continued encamped, Availing for several brigades of pack- horses loaded Avith flour, Avhich had reached Fort Jefferson last night. The troops are supplied for to-day and to-morroAV, aud the contractor has enough for one other day ; but should Ave move, the supply behind Avould be too late or lost ; besides it Avas found yester day that the horses with the army were rot sufficient to carry the baggage, part of Avhich had to be left on the road. The tents and other baggage sent back for and brought up. Militia shoAV great impatience ; their officers appear to have little influence. One-third turn out with a determination to go back, a few are prevailed on to stay ; between sixty and seventy, hoAvever, march off in despite of every thing, and sAvear they avIU stop the pack horses Avith provi sions. The First regiment was dispatched after them , not with an ex pectation of bringing them back, but Avith that idea and to prevent future desertions, and principally to protect the convoys. This evening Iavo hundred and tAvelve horses, loaded Avith flour, arrived ; one hundred and fifty pounds the average Aveight. Nov. 1st — The army remain encamped. A party advanced to open the road. Prepare for marching to-morrow. A deposit made here of heavy articles and such as could be dispensed with, to lighten the horses. VOL. n — 17 258 St. Clair Papers. 2d. — The army marched at nine o'clock ; about twelve o'clock crossed a creek fifteen yards AN'ide, running east. The country very flat and marshy. Joined this afternoon by another Indian path much frequented. Gained eight miles and encamped. Course north twenty-five degrees east this day, and total distance from Fort Washington eighty-nine miles. A scout sent out yesterday fell in with an Indian camp, got some plunder and seven horses branded United States, supposed to have been stolen from Fort Washington. We had a light snow all this day. 3(1. — Marched at nine o'clock. The first four miles very flat and wet. About tAvelve, passed over dry ground, and descended grad ually for three miles to a small creek supposed to be a branch of the waters emptying into Lake Erie ; proceeded tAvo miles further, and encamped on pleasant, dry ground, on bank of a creek about tAventy yards wide, said to be the Pickaway fork of the Omee.' Distance this day about nine miles ; general course north-west thirty degrees. Fresh signs of the savages appeared to-day in several places ; parties of riflemen detached after them, but Avithout success. It was later than usual Avhen the army reached the ground this evening, and the men much fatigued prevented the General from haA'ing some works of defense immediately erected. Major Ferguson, commanding officer of artillery, sent for, and a plan agreed on, intended to be commenced early on to-morrow. The high, dry ground barely suf ficient to encamp the army ; lines rather contracted. Parallel AvIth the front line runs the creek, about twenty yards AvIde. On both flanks Ioav, Avet ground, and along most part of the rear. Militia advanced across the creek about three hundred yards. Had ac companied the quartermaster in the afternoon on to this ground ; it was farther than could have been Avished, but no place short of it appeared so suitable. I was much pleased Avith it ; returned and made report ; found the army halted and about to encamp on flat land, and Avith no good Avater ; although it Avas late, the march was continued till just dark, Avhen Ave reached the creek. 4th. — Camp on a creek twenty yards wide, supposed to be the PickaAvay fork of the Omee, ninety -eight miles from Fort Washing ton. The frequent firing of the sentinels through the night had disturbed the camp, and excited some concem among the officers. The guards had reported the Indians to lie skulking about in cm- siderable numbers. About ten o'clock at night General Butler, who commanded the right wing, Avas desired to send out an in- ' Known since to he a branch of the Wabash. Correspondence, Addresses, Etc. 259 telligent officer and party to make discoveries. Captain Slough, with tAVO subalterns and thirty men, I saw parade at General But ler's tent for this purpose, and heard the General give Captain Slough very particular verbal orders how to proceed. Myself and two or three officers staid AvIth the General until late, Avhen I re turned to the Commander-iu-Chief, Avhose tent was at some dis tance on the left, and Avho was unable to be up. The troops paraded this morning at the usual time, and had been dismissed from the lines but a few minutes, and the sun not yet up, when the woods in front rung with the yells and fire of the sav ages. The poor militia, who were but three hundreds yards in front, had scarcely time to return a shot — they fled into our camjj. The troops were uuder arms in an instant, and a smart fire from the front line met the enemy. It Avas but a fcAV minutes, how ever, until the men Avere engaged in every quarter. The enemy from the front filed off to the right and left, and completely sur rounded the camp, killed and cut off nearly all the guards, and approached close to the lines. They advanced from one tree, log, or stump to another, under cover of the smoke of our fire. The artillery and musketry made a tremendous noise, but did little exe cution. The Indians seemed to brave every thing, and, Avhen fairly fixed around us, they made no noise other than their fire, which they kept up very constant, and Avhich seldom failed to tell, although scarcely heard. Our left-flank, probably from the nature of the ground, gave way first; the enemy got possession of that part of the encampment, but, it being pretty clear ground, they were too much exposed, and Avere soon repulsed. Was at this time with the General engaged toAvard the right ; he Avas on foot, and led the party himself that drove the enemy and regained our ground on the left. The battalions in the rear charged several times and forced the savages from their shelter, but they ahvays turned with the battalions and fired upon them back ; indeed, they seemed not to fear any thing we could do. They could skip out of reach of the bayonet, and return as they pleased. They were visi ble only when raised by a charge. The ground Avas literally cov ered with the dead. The Avounded Avere taken to the center, where it Avas thought most safe, and where a great many Avho had quit their posts unhurt had crowded together. The General, Avith other officers, endeavored to rally these men, and twice they Avere taken out to the lines. It appeared as if the officers had been singled out ; a very great proportion fell, or were wounded, and obliged to retire from the lines early in the action. General Butler 2G0 The St. Clair Papers. was among the latter, as well as several other of the most experi enced officers. The men, being thus left Avith few officers, became fearful, despaired of success, gave up the fight, and, to save them selves for the moment, abandoned entirely their duty and ground, and crowded in toward the center of the field, and no exertions could put them in any order even for defense ; perfectly ungovernable. The enemy at length got possession of the artillery,' though not un til the officers Avere all killed but one, and he badly wounded, and the men almost all cut off, and not until the pieces were spiked. As our lines were deserted the Indians contracted theirs until their shot centered from all points, and now, meeting Avitli little op position, took more deliberate aim and did great execution. Ex posed to a cross fire, men and officers Avere seen falling in every di rection ; the distress, too, of the Avounded made the scene such as can scarcely be conceived ; a few minutes longer, and a retreat would have been im23racticable. The only hope left Avas, that per haps the saA'ages would be so taken up with the camp as not to fol- loAV. Delay Avas death ; no preparation could be made ; numbers of brave men must be left a sacrifice — there Avas no alternative. It was past nine o'clock, when repeated orders Avere given to charge toAvard the road. The action had contiuued between two and three hours. Both officers and men seemed confounded, incapable of doing any thing ; they could not move until it Avas told that a re treat Avas intended. A few officers put themselves in front, the men followed, the enemy gave Avay, and perhaps not being aAvare of the design, we were for a fcAV minutes left undisturbed. The stoutest and most active uoav took the lead, and those who Avere foremost in breaking tlie enemy's line Avere soon left behind. At the moment of the retreat, one of the few horses saved had been procured for the General ; he Avas on foot until then ; I kept by him, and he de layed to see the rear. The enemy soon discovered the movement and pursued, though not more than four or five miles, and but.feAV so far ; they turned to share the spoil. Soon after the firing ceased, I was directed to endeavor to gain the front, and, if possible, to cause a short halt that the rear might get up. I had been on horse back from the first alarm, and well mounted ; pushed forward, but met with so many difficulties and interruptions from the people, that I was two hours at least laboring to reach the front. With the as sistance of two or three officers I caused a short halt,- but the men groAV impatient and would move on. I got Lieutenants Sedam and Morgan, Avith half a dozen stout men, to fill up the road and to move slowly ; I halted myself until the General came up. By this Correspondence, Addresses, Etc. 261 time the remains of the army had got somewhat compact, but iu the most miserable aud defenseless state. The Avounded Avho came off left their arms in the field, and one-half ol the others threw theirs away on the retreat. The road for railes was covered Avith firelocks, cartridge-boxes and regimentals. Hoav fortunate that the pursuit was discontinued ; a single Indian might have followed Avith safety upon either flank. Such a panic had seized the men, that I belieA'e it Avould not have been possible to have brought any of them to en gage again. In the afternoon Lieutenant Kersey, Avitli a detach ment ofthe Firstregiment, met us. This regiment, the only complete and best disciplined portion of the army, had been ordered back upon the road on the 31st of October. They Avere thirty miles from the battle-ground Avhen they heard distinctly the firing of the can non ; Avere hastening forward and had marched about nine miles when met by some of the militia, who informed Major Hamtramck, the commanding officer, that the army was totally destroyed. The Major judged it best to send on a subaltern to obtain some knoAvledge of things, and to return himself Avith the regiment to Fort Jefferson, eight miles back, and to secure at all events that post. He had made some arrangements, and as Ave arrived in the evening, found him preparing again to meet us. Stragglers continued to come in for hours after Ave reached the fort. The remnant of the army, Avith the first regiment, were uoav at Fort Jefferson, twenty-nine miles from the field of action, Avithout provisions, and the former without having eaten any thing for tAventy- four hours. A couA'oy Avas knoAvn to be upon the road, and Avithin a day's march. The General determined to move Avith the First regiment and all the levies able to march. Those of the Avounded, aud others unable to go on, Avere lodged as comfortably as possible Avithin the fort. Accordingly, avc set out a little after ten and con tinued our route until within an hour of daylight, then halted and waited for day and until the rear came up. Moved on again about nine o'clock ; the morning of the 5th Ave met the convoy. Stopped a sufficiency to subsist us to Fort Hamilton ; sent the remainder on to Jefferson under an additional escort of a captain and sixty men ; proceeded, and at the first water halted, partly cooked and eat for the first time since t];e night preceding the action. At one o'clock moved on, and continued our route untU nine at night, when we halted and made fires AvIthIn fifteen miles of Fort Hamilton. Marched again just before day ; the General soon after rode on to the fort. Troops reached in the afternoon. 7i/i_ — Fort Hamilton command was ordered off with a smaU sup- 262 The St. Clair Papers. ply for the wounded, etc. About twelve same day, continued our march, and halted before night Avithin fifteen miles of Fort Wash ington, which place we reached the afternoon of the 8th. The prediction of General Harmar, before the army set out on the campaign, was founded upon his experience and particular knoAvledge of things. He saAV with what material the bulk of the army Avas composed ; men coUected from the streets and prisons of the cities, hurried out into the»enemy's country, and with the officers commanding them totally unacquainted with the business in which they Avere engaged ; it was utterly impossible they could be other wise. Besides, not any one department was sufficiently prepared ; both quartermaster and contractors extremely deficient. It was a matter of astonishment to him that the commanding general, who was acknowledged to be perfectly competent, should think of haz arding, with snch people, and under such circumstances, his repu tation and life, and the lives of so many others, knowing, too, as both did, the enemy AvIth Avhom he was going to contend ; an enemy brought up from infancy to Avar, and perhaps superior to an equal number of the best men that could be taken against them. It is a truth, I had hopes that the noise and show which the army made on their march might possibly deter the enemy from attempting a serious and general attack. It was unfortunate that both the general officers Avere, and had been disabled by sickness; in such situation it is possible that some essential matters might be overlooked. The Adjutant-General, Colonel Sargent, an old revolutionary officer, was, however, constantly on the alert ; he took upon himself the burden of every thing, and a very serious and troublesome task he had. General St. Clair to the Secretary of War. Fort Washington, 9th November, 1791. Sir : — Yesterday afternoon the remains of the army under my command got back to this place, and I have now the painful task to give you an account of as warm and as unfortunate an action as almost any that has been fought, in which every corps Avas engaged and Avorsted, except the First regiment, that had been detached upon a service I had the honor to inform you of in my last dispatch, and had not joined me. On the 3d instant, the army had reached a creek about twelve yards wide, running to the southward, Avhich I believe to have been the river St. Mary, that empties into the Miami of the lake ; ar- Correspondence, Addresses, Etc. 263 rived at the village about four o'clock in the afternoon, having marched near nine miles, and were immediately encamped upon a command ing piece of ground in two lines, having the above-mentioned creek in front. The right wing composed of Butler's, Clarke's, and Pat terson's battalions, commanded by Major-General Butler, formed the first line; and the left Aving, consisting of Bedinger's and Gaither's battalions, and the Second regiment, commanded by Colonel Darke, formed the second Une, Avith an interval betAveen them of about seventy yards, which Avas all the ground would allow. The right flank was pretty Avell secured by the creek, a steep bank, and Faulkener's corps ; some of the cavalry and their pickets covered the left flank; the militia Avere throAvn over the creek, and advanced about one quarter of a mile, and adA'anced in the same order ; there Avere a feAV Indians who appeared on the opposite side of the creek, but fled with the utmost precipitation on the advance of the militia; at this place, Avhich I judged to be about fifteen miles from the Miami village, I had determined to throw up a slight Avork, the plan of which Avas concerted that evening Avith Major Ferguson, wherein to have deposited the men's knapsacks, and every thing else that was not absolutely necessary, and to have moved on to attack the enemy as soon as the First regiment Avas come up; but they did not permit me to execute either, for on the 4th, about half an hour before sunrise, and Avhen the men had just been dismissed from the parade (for it Avas a constant practice to have them all under arms a considerable time before daylight), an attack Avas made upon the militia. Those gave Avay in a very little time, and rushed into camp, through Major Butler's battalion, which, together Avith part of Clarke's, they threw into considerable disorder, and Avhich, notwithstanding the exertions of both those officers, was never altogether remedied, the Indians following close at their heels ; the fire, however, of the front line checked them, but almost instantly a heavy attack began upon that line, and in a few minutes it Avas extended to the second Ukewise ; the great Aveight of it was directed against the center of each, Avhere the artillery was placed, and from which the men Avere repeatedly driven Avith great slaughter ; finding no great effect from our fire, and confusion be ginning to spread from the great number of men Avho Avere falling in all quarters, it became necessary to try Avhat could be done Avith the bayonet. Lieutenant-Colonel Darke was accordingly ordered to make a charge with part of the second line, and to turn the left flank of the enemy. This was executed with great spirit. The Indians in- 264 The St. Clair Papers. stantly gave Avay, and Avere driven back three or four hundred yards ; but, for the Avant of a sufficient number of riflemen to pursue this advantage, they soon returned, and the troops Avere obliged to give back in their turn. At this moment they had entered our camp by the left flank, having pursued back the troops that Avere posted there. Another charge Avas made here by the Second regiment, Butler's and Clarke's battalions, with equal effect, and it Avas repeated sev eral times, and always Avith success ; but in aU of thera many men were lost, and particularly the officers, which, Avith some raAV troops, was a loss altogether irredeemable. In that I just spoke of, made by the Second regiment and Butler's battalion, iMajor Butler Avas dangerously Avounded, and every officer of the Second regiment fell except three, oue of Avhom, Mr. Greaton, was shot through tlie body. Our artillery being uoav sUenced, and all the officers killed except Captain Ford, Avho Avas badly Avounded, more than half of the army fallen, being cut off frora the road, it becarae necessary to at tempt the regaining it, and to make a retreat if possible. To this purpose, the remains of the army Avere formed, as Avell as circum stances would admit, toAvards the right of the encampment ; from Avhich, by the Avay of the second line, another charge Avas made upon the eneray, as if with the design to turn their right flank, but, in fact, to gain the road ; this Avas effected, and as soon as it Avas open, the militia took along it, foUoAved by the troops, ]\Iajor Clarke, with his battalion, covering the rear. The retreat in those circumstances was, you may be sure, a very precipitate one ; it Avas, in fact, a flight. The camp aud the ar tiUery Avero abandoned, but that Avas unavoidable ; for not a horse wa^ left alive to have draAvn thera off had it otherwise been practic able. But the most disgraceful part of the buslneps is that the greatest part of the men thrcAV aAvay their arms and accouterments, even after the pursuit, Avhich continued about four miles, had ceased. I fouud the road strewed with them for many miles, but Avas not able to remedy it ; for, having had all my horses killed, and being mounted upon one that could not be pricked out of a walk, I could not get forward myself, and the orders I sent forward, either to halt the front, or to prevent the raen parting Avith their arms, Avere unattended to. The rout continued quite to Fort Jef ferson, tAventy-nine miles, which Avas reached a little after sun-setting. The action began about half an hour before sunrise, and the retreat Avas attempted at half an hour after nine o'clock. Correspondence, Addresses, Etc. 265 I have not yet been able to get returns of the killed and wounded ; but Major-General Butler, Lieutenant-Colonel Oldham, of the militia. Major Ferguson, Major Hart, aud Major Clarke are among the former. Colonel Sargent, my adjutant-general, Lieutenant- Colonel Darke, Lieutenant-Colonel Gibson, Major Butler, and the Viscount Malartie, who served me as an aid-de-camp, are among the latter ; and a great uumber of captains and subalterns in both. I have now, sir, finished my melancholy tale— a tale that Avill be felt sensibly by every one that has sympathy for private distress, or for public misfortune. I have nothing, sir, to lay to the charge of the troops but their Avant of discipline, Avhich, from the short time they had been in service, it was irapossible they should have ac quired, and Avhich rendered it A'ery difficult, when- they Avere thrown into confusion, to reduce them again to order, Avhich is one reason why the loss has fallen so heavy upon the officers, Avho did e\'ery thing in their poAver to effect it. Neither were my own exertions wanting ; but, Avorn doAvn Avith illness, and suffering under a painful disease, unable either to mount or dismount a horse Avithout assist ance, they were not so great as they otherwise would, and, perhaps, ought to have been. We were overpowered by numbers ; but it is no more than justice to observe that, though composed of so many different species of troops, the utmost harmony prevailed through the Avhole army during the campaign. At Fort Jefferson, I found the First regiment, which had returned from the service they had been sent upon, Avithout either overtaking the deserters, or meeting the convoy of provisions. I ara not certain, sir, Avhether I ought to consider the absence of this regiment from the field of action as fortunate or otherAvise. I incline to think it AA'as fortunate ; for I very much doubt Avhether, had it been in the action, the fortune of the day had been turned : and, if it had not, the triumph of the enemy Avould have been more complete, and the country Avould have been destitute of cA'ery means of defense. Taking a vicAV of the situation of our broken troops at Fort Jef ferson, aud that there Avere no provisions in the fort, I called on the field officers, viz. : Lieutenant-Colonel Darke, Major Hamtramck, Major Zeigler, and Major Gaither, together with the adjutant-gen eral, for their advice what Avould be proper further to be done ; and it Avas their unanimous opinion that the addition of the First regi ment, unbroken as it was, did not put the army on so respectable a footing as it Avas in the morning, because a great part of it was now un armed ; that it had been then found unequal to the enemy, and should 266 The St. Clair Papers. they come on, which Avas probable, would be found so again; that the troops could not be thrown into the fort, both because it was too small and that there were no provisions in it ; that provisions were known to be upon the road at the distance of one, or, at most, two marches ; that, therefore, it would be proper to move without loss of time to meet the provisions, Avhere the raen might have the sooner an opportunity of sorae refreshment, and that a proper de tachment might be sent back Avith it to have it safely deposited in the fort. This advice Avas accepted, and the army was put in mo tion again at teu o'clock, aud raarched all night, aud the succeeding day met with a quantity of flour ; part of it Avas distributed irame diately, part taken back to supply the army on the march to Fort Hamilton, and the reraainder — about fifty horse-loads — sent forward to Fort Jefferson. The next day, a drove of cattle was met with for the sarae jDlace ; and I haA'e inforraation that both got in. The wounded Avho had been left at that place were ordered to be brought here by the return of the horses. I have said, sir, in a forraer part of this letter, that we were over- poAvered by numbers. Of that, however, I have no evidence ; but the weight of the fire, which was ahvays a most deadly one, and generally delivered from the ground, few of the enemy showing themseh'es afoot except when they Avere charged, and that, in a few minutes, our Avhole camp, which extended above three hundred and fifty yards in length, was entirely surrounded and attacked on all quarters. The los.s, sir, the public has sustained, by the fall of so many officers, particularly General Butler and Major Ferguson, can not be too much regretted ; but it is a circumstance that will alleviate the misfortune, in some measure, that all of them fell most gallantly doing their duty. I have had very particular obligations to many of thera, as well as to the survivors ; but to none more than to Col onel Sargent. He has discharged the various duties of his office with zeal, Avith exactness, and with intelligence ; and, on all occa sions, afforded me every assistance in his power ; Avhich I have also experienced frora my aid-de-camp. Lieutenant Denny, and the Vis count Malartie, who served with me in the station as a volun teer. P. S. Some orders that had been given to Colonel Oldham over night, and which were of much consequence, Avere not executed ; and sorae very material intelligence was communicated by Captain Slough to General Butler, in the course of the night before the ac- Correspondence, Addresses, Etc. 267 tion, which Avas never imparted to me, nor did I hear of it until after my arrival here.' General St. Clair to Major Brown. Fort Washington, November 12, 1791. Sir: — I request the favor that you Avill make known to the militia the great regret I feel for the loss they sustained in their late gal lant commander, Lieutenant-Colonel Oldham, and other brave offi cers and soldiers. It is Avith pleasure I acknoAvledge the satisfaction received from their general orderly behavior, aud the harmojiy and good understanding that prevailed betAveen them and the other classes of troops which composed the army during the campaign. If some of them did desert the service of their country at a critical moment, it reflects a luster upon those Avho were not to be influenced 'This postscript caused a sensation, and the correctness of the statement was immediately challenged by a brother of General Butler, who, it seems, relied on false representations made by Ensign Morgan. The latter was so anxious to curry faA'or with General Knox that he made the charge pub licly that Captain Slough did not receive his orders from General Butler, and that he did not report to him, as represented. The result was, that he was tried before a court-martial, and dismissed the army for falsehood and insubordination. Subsequently General St. Clair requested that he be per mitted to return to his position, as he did not wish to be the cause of pun ishment to any one. In a letter to the Secretary of War, under date of November 17th, I find these two very pleasant paragraphs. The first shows that St. Clair was ever-mindful of the personal interests of the Butlers, and that no recollec tion of the fatal neglect of Eichard Butler, on the night preceding the bat tle, changed his kindly feelings: " I forgot to mention in my last a very gallant thing of Major Butler. Hav ing received the wound which broke his leg, he retired to be dressed, and the moment thi:S Avas over got himself put upon a horse, and returned to his battalion, and continued with it until it was ordered to return." "The ofiicers of the Second regiment, hut they are, unhappily, no more, were very desirous that Doctor Brown, ofthe levies, who attended that reg iment, should be appointed the surgeon, and had formed a representation to you on the subject. His medical abilities are, I am told, rated high, and I am sure he has been attentive. There is also in the First regiment a Mr. Elliott, who should have some claim to proraotion. I believe he served in that capacity all the last Avar. Doctor Allison speaks well of him. "Since writing the above, I have received a letter from General Wilkin son, of the 13th, which informs me that Kentucky is all in motion; that fifteen hundred raen would assemble at Craig's Mills on the 15th, and pro ceed to this place.'' 268 The St. Clair Papers. by the base example ; but, as that very desertion occasioned the ab sence of a considerable body of the troops at the time of action, and may thereby have been the cause of the misfortune that befel us, it Avill be the duty of every officer to use his utmost endeavor that they be brought to condign punishment, agreeably to the laws ofthe country. While I wish the militia individually a safe return to their families, and to their country all happiness, I can not resist the giving them this further proof of my good-will by observing that, in no case where I have seen militia employed, has there been that subordination and prorapt obedience of orders Avhich are neces sary to the success of military operations, and I recoraraend it to them, should they be again called into their country's service, to endeavor to acquire those habits, and to isractice thera Avith alacrity, as the only raeans, under God, by which either personal honor or public advantage can be obtained. General St. Clair to Captain John Armstrong. Fort Washington, November 20th, 1791. Dear Sir : — I liave been favored Avith both your letters, and I thank you for the prudent precaution of throAving over sorae pro visions to the other side of the river. As it has happened, there could have been nothing so ojsportune, for the boat Avliich should have replaced the one that brought the Avounded, after struggling some days against the current of the IMiarai, making but three miles, returned to-night. What is to be done to get over the de tachment, I knoAV not ; and the Avounded officers — my heart bleeds for them. I think it fortunate, hoAvevcr, so far, that you are at the post, because, if it is possible to get .them over I know it avIU be done. Your company Avill be sent you, and your oavu baggage and the clothing were on board the boat. Another experiment shall be made forthwith to get her up. The sergeant had the good sense to get a canoe hauled across the neck from the north bend, and sent her forward Avith KitcheU and three of his best men. I hope in God she Avill get up, and affbrd sorae relief. The quarterraaster sends the tools and artificers you Avant, and, I pray you, let the flat be set about iraraediately, for it Avill be very much Avanted, and soon, for Kentucky is in motion, and, independ ent of that, more provisions must be sent to Fort Jefferson. I. have reason t'l expect the volunteers Avill be here to-morroAV — they talk of fifteen hundred. Remember rae to Colonel Gibson, Captain Correspondence, Addresses, Etc. 269 Doyle, and all the gentlemen ; that I can not relieve them in the instant afflicts me ; my best Avishes for their speedy recovery they ahvays have. I have been confined to my chamber, and great part of the time to my bed, ever since my return, and, though the pain is almost gone, I do not recruit. Adieu.' General St. Clair to General Knox, Secretary of War. Fort Washington, November 24, 1791. Sir: — I have the honor to inclose a duplicate of my letter of the 17th instant, which Avas sent by Mr. Denny, by the way of Ohio, and a triplicate of that ofthe 9th, AvhIch Avent by the Avay of Lex ington—the first of each of these I hope got safe to hand in due time, for I should consider it unfortunate if report, AvhIch aggravates every thing,mueh overruns the authentic account of the disaster that befell us. I informed you that a large party of volunteers were on their way from Kentucky, and at that time I had sanguine expectations that a severe bloAv inight be given to the savages yet this Avinter, but my expectations are lowered. A very few — tAven ty-five — came forward and finding that the rest Avould not imraediately foUoAV them, have returned, as I fear they all will. General Scott is, hoAvever, by the last accounts, encamped about twenty miles on this side of Lexing ton, AvIth two or three hundred men, waiting for a reinforcement, which Geueral Wilkinson has been sent back to hasten on to Captain Slough, Avith papers. Through his camp he Avill be able to giA'e you more perfect information than I am at present possessed of The main object ofthe volunteers was the relief of Fort Jefferson, which had been represented as invested, but that being contradicted, many returned to their homes. The detachment returned from Fort Jefferson on the 22d. The convoy got in safe, and met with no opposition. Only two or three Indians Avere seen by them. Neither have any appeared about the fort, though, from the firing they frequently hear, there are small parties thereabouts. The weather proved A'ery unfavorable at the time that detachment Avas in motion, and the country for ten or twelve miles betAveen Fort Hamilton and Fort Jefferson was under ^The original of the above letter is in the possession of L. J. Cist, Esq., of Cincinnati. 270 The St. Clair Papers. water, and the snoAV had fallen there to a considerable depth, but was gone off again. The AVOunded officers are mostly returned, except Captain Gibson and Captain Darke. There is no probability that Colonel Gibson AvIU ever return, and Colonel Drake writes me that the recovery of his son is stUl very doubtful. The cold and fatigue during the march has so much inflamed his wound that he is not able to return, and added to that> his feet are frost bitten. His (Colonel Darke's) stay at that place is peculiarly embarrassing, as he had put Major Hamtramck in arrest the morning he left this place. The case Avas this: The day of the action, the Major was advanced about nine miles of Fort Jefferson ; sorae persons who had been in the action informed him that the army Avas cut up ; very fcAV had escaped ; and that the Indians Avere coming on he had heard distinctly; in that case he thought it imprudent to risk the regiment, and with it the fort, which at that time had invalids and convalescents only for a garrison, and returned to it. And for this he has brought the charge of coAvardice and shamefully retreating for fear of the enemy against him. Colonel Darke Avrites me that he hopes to return in twenty or twenty-five days, but before that the possibility of ascend ing the Wabash Avill be passed, and there, I think, the Major ought to be. It is irregular to try a man Avhen the prosecutor is absent, but as the case requires no proof, I belieA'e I must do it ; that should he be acquitted, he may be sent immediately to that country, which appears to me to be of importance.' By late accounts from Pittsburgh, from Major Prescott, about ten days ago, there Avas no appearance of the embarkation ofthe troops. I Avrote to him on the 19th to detach to Fort Franklin two sergeants, tAVO corporals and twenty-three privates, to relieve the levies at that place, and to send the remainder of Haskel's company to Mus kingum, if he had received no orders from you for the disposition of them. I also wrote to Captain Haskel, in case he should be met above Muskingum, to halt at that place, but as it seems likely you may have directed that it sliould remain where it is, I have, there fore, ordered a detachment of forty men from the Second regiment to erabark for that place to-morrow ; these I had intended for Galli polis, but now I fear that place must take care of Itself for this Avinter, but if Captain Haskel is at Muskingum, it may be possible for Mr. Tillinghast yet to fall back to Gallipolis. 1 Major Hamtramck was honorably acquitted. Correspondence, Addresses, Etc'. 271 The levies are now all discharged except the Maryland battalion and Faulkner's corps. They were to have been mustered this day, as the previous step, but the excessive rain that is now falling avUI prevent it. They Avill take the route through the Avilderness, and it is Avell that so many of them chose that Avay, as it would have been impossible to furnish them Avith boats — those that Avere at this place were in so bad condition that it Avould have been impossible to have kept them afloat ; and, as at the same time I marched the waters Avere retiring so far that, if they sank, it would have been far from the shore Avhen the river rose again, and consequently it Avould have been impossible to raise them. I had them hauled out from the bank, aud the quartermaster has not been able to get them in repair. Yesterday, for the first time, I have been able to leave my roora, but can neither eat, drink, nor sleep — it is exactly a month since I made the last meal — twice in that time I attempted it, and paid se verely for it. Bread and tea are my sustenance ; nevertheless, I am recovering. 2 o'cloch p. m. General Scott is this moment arrived ; about two hundred men are with him, and he expects a sufficient number for the enterprise will foUoAV in the course of two or three days, but I am not without my fears that the project will blow up. Eventually, hoAvever, should Colonel Logan be of the party, Avhich he expects, there will be no doubt as to numbers. Those, however, have already been ten days out ; and, of course, a great part of their provisions and forage ex pended, and he has already made application for both. Should it go on and succeed, the expense Avill be Avell laid out ; should a dis appointment happen, and the enterprise not be undertaken, still, those Avho are come forward have shown their good Avill, and, un der existing circumstances, it ajspears to me that it would not be prudent to disgust them, for that avIU be iu itself a trifle. I have also just uoav receh'ed letters from Post Vincennes. The foUoAving is an extract of a letter frora Lieutenant Prior, Avho cora mands at Fort Knox, dated October 7th. (The first three para graphs of the letter.) [This is all of the letter found ; as indicated in the indorsement, there was more, but it Avas lost.] ' 'On the back of this letter is the following note in St. Clair's hand: "A considerable partof this letter, which was written on a loose half- sheet, by some cause has been lost." 272 The St. Clair Papers. General St. Claie to Ensign Tillinghast. [Instructions.] November 27th, 1791. You Avill proceed to Marietta, at the mouth of the Muskingum River, Avith the detachment under your coraraand, and there take post for the protection of the settlement — that protection you will afford in as ample a manner as possible, always taking care not un necessarily to expose your men. There is a block-house AA'here Fort Harmar stood, but Avhich avIU be too sraall for your jDarty. Should you find it practicable to support it, I wish it to be done, provided the inhabitants have uot abandoned that side of the river; but of the propriety of that raeasure you must yourself be the judge. There are no public buildings at JMarietta for the reception of your comraand ; it Avill be, therefore, necessary that you should construct some yourself, in doing AvhIch you will raeet the assistance you may stand in need of from the inhabitants, on application to Colonel Sproat, the comraander of the railitia. There are seA-eral pieces of artillery, araraunition, and rausket cartridges and quarterraaster's stores, Avhich Avere left at Fort Harmar by Major Zeigler — of those he AvUl give you an invoice, and, when you arrive there, you will please to corapare it Avith the actual state, and make return to rae or the officers commanding the troops at this place. Should you meet Major Trescot on the river, AvhIch is probable, or Captain Hasket, you AvIU speak with them, and inquire Avhether my orders for leav ing a detachment at Muskingum had reached either of them and been coraplied Avith. If they have been coraplied with, and you meet them above GaUipolIs, you are to fall back and take post there for the same purpose of protecting the inhabitants until further or ders. ' Should it be beloAV Gallipolis that they, or either of them, are raet with, and a detachraent has been left at Muskingum, you are to proceed to that place and take post as above, taking care to give the earUest possible notice to me or the officer comraanding here, that a proper supjDly of araraunition may be sent to you. In either case — that is, Avhether you stop at Gallipolis or' Muskingum, you wUl furnish Captain Ashton and the officers with him who are ordered on the recruiting service, Avith the boat and a sufficient number of men to take them to Wheeling, from whence the boat is immediately to return. You will make returns from Avhichever of the places above mentioned at which you take post, as frequently and regularly as possible, and correspond Avith me, or the officer com raanding here, and take notice of all casualties, and every informa- Correspondence, Addresses, Etc. 27S- tion respecting the savages you may receive; and, should any important intelligence reach you, you will please to communicate the same to the Secretary of War. Geneeal St. Clair to Captain John Armstrong. Fort Washington, December 7, 1791. Stir : — I have been favored with your letter of the 4th instant. I am not sorry that you did not send my letters for Fort Jefferson by express ; they are of a private nature, and may go at any time. I am sorry for the mistake that has happened in your clothing, but the shirts and shoes of the public clothing that are at your post are intended for the garrison of Fort Jefferson, and must go on with the next escort, which Avill leave this place in a few days. There ought to be ninety-six complete suits. When the command returns, they will bring back the remaining articles of it ; but there is some clothing, also, that was intended for the levies, but is properly the property of Colonel Darke. He has given Mr. Hodgdon directions about it, and some part of it is intended for Fort Jefferson also. Mr. Hodgdon will inform you of the quantity, and you wdll please to send it on and the rest back here, as he may request. This is giving you trouble, and out of your way, but when you know it is for the more comfortable accommodation of the poor wounded sol diers there, you Avill think nothing of it. It Avas my intention that your command at Fort Hamilton should be certain, and I very much a25proved of your having your company with you. Detachments, Avhen they can be avoided, is a bad way of making up commands, but I can not interfere with the case of the barber. I dare say, on your oavu application to Major Zeigler, he will be sent to you. ' I have informed Major Zeigler that the command of Fort Ham ilton has been committed to you, and in the execution of it I know not any thing that is necessary to give you particularly in charge. Your love of order and discipline renders it entirely unnecessary to say any thing Avith respect either to the police of the garrison or the. care of the men ; and should you be attacked, I am confident that you Avill Avell defend yourself, and you will have an ample supply of provisions. One thing, however, I request you to send small parties, from time to time, to make discoveries, and establish, if you VOL. II. — 18 274 The St. Clair Papers. can, some mode of communicating with Fort Jefferson and this place. You observe that Mr. Wade is your ensign. He has lately been appointed an adjutant, and consequently can not join you ; but as it is necessary that you should have two subalterns, I have directed Major Zeigler to give you another. When he arrives, I can have no objection to your coming to Fort Washington for a short time, and I knoAV you would not choose to make it otherwise. Some ar tillerymen Avill be sent yon ; but, alas ! we have none who have any thing more than the name. I ara still very much afflicted, and have been abroad but three times since my arrival ; nevertheless, I propose to set off for the At lantic country to-morrow.' 1 Governor St. Clair remained at Philadelphia for some months. The year 1791 being devoted to railitary movements, and the country being in a con tinual state of alarm, little was done necessarily in the civil line. The man uscript journal of Secretary Sargent shows, however, that nothing was neg lected that was necessary to the welfare of the inhabitants.' (1) GENERAL ORDEES. 1791, March 6th.— 1. Returns of militia, with report of the arms, etc., to be made to the secretary as soon as possible. 2. Commanding officers of counties will apportion the militia to their several fortresses, and, upon the firing of one cannon or three muskets, they are instantly to repair to their alarm posts; and all firing of guns within one mile of any of the fortifications (except for defense or the purpose of alarm and under proper author ity) is hereby most positively prohibited, without previous permission from the of ficer commanding. 3. At tlie beating of the reveille, every man enrolled in the militia, and within any of the fortifications, is to appear upon the parade with his arms and accouterments, ready for military service and the orders of the commanding officer. Nothing but sickness to exempt a man from this duty. 4. A patrol is to be sent out every morning from the fortifications in the different settlements, and no person to be sulfered to pass out till their return, unless for mil itary purposes, and by order of the commanding officer. The fatal effects of a surprise have been so recently impressed upon every mind that the utmost vigilance is expected. , The General Government seems disposed to afford us most ample protection, but as the means can not be brought into immediate effect, our defense and safety must for the present depend upon ourselves. AVith arms in our hands, and equal num bers, we have nothing to fear in any situation. Under cover of the works that have been erected, we may bid defiance to the combined efforts of our enemies; but it is in the fields, unarmed or ot unequal force, that we are exposed. To guard as much as possible against all danger, it must be the utmost, invariable practice, upon leaving the fortifications, even for the shortest distance, to take our arms in our Iiands, for experience has convinced us that the Indian will conceal himself at our very doors. In tlie fields alone and at labor, men would at this time be most wantonly sportini; their lives. They should work in large parties, armed, and with sentinels always posted out. This will deserve and insure security, while a contrary line of conduot may deprive us of mauy good soldiers and valuable members of community. April 29th.— Governor St. Clair arrived at Marietta. Correspondence, Addresses, Etc. 275 I Wish you, sir, a happy command.' General, Knox to General. St. Clair. War Department, December 23d, 1791. Sir: — ^I have received your letter of the 9th of November, iThe original letter is in the possession of L. J. Cist, Esq., of Cincinnati. April 30th.— Winthrop Sargent was commissioned Colonel of the militia of the Territory. May 1st.— The Governor left for Kentucky. May 2d. — The Secretary commissioned Dudley Woodbridge Register of Deeds for Washington county, and Benjamin lyes Gilman as Clerk of Court of Probate, vice Enoch Parsons, resigned. May 6th.— All persons between the ages of flfteen and fifty ordered to be enrolled as militia, and the following appointments made for the Second regiment of AVash ington county: Major— Isaac Guion. Captains— John Rome, Francis D'Hebecourt, and Antoine B. Due. Lieutenants— Jean Baptiste Le Tailleur, Edward Thony de la Fosse, and John Louis Maldant. Ensigns— Alexander Chevalier Noel, B. Harwell, and Claud Romain Mesnager. Adjutant— J. L. Maldant. These for Gallipolis. May 7th.— Following appointments made at Gallipolis: Judge Court of Common Pleas and Justice of the Court of Quarter Sessions— John Gilbert Petit. Justices of the Peace Augustin Le Clercq and Jean Michan. A commission was issued to Ben jamin Tupper, Joseph Gilman and Johu G. Petit to hold the Court of Common Pleas in county of Washington, and Avith them were joined Isaac Peirce aud Thomas Lord to hold the Court of General Quarter Sessions of the Peace. May 21st.— Hippolitus, Viscount of Malartie, appointed Lieutenant Second regi ment of Washington county. May 24th.— At Cincinnati, AVilliam Burnet, gentleman, appointed Register of Deeds. June 2;id.— John Blanchard, gentleman, appointed Clerk to the Legislature. August 12th .—Governor St. Clair, at Cincinnati, appointed Henry A'anderburgh Judge of Probate and Justice of the Peace for Knox county. A new commission was issued for holding county courts in that county to Pier Gamelin, James John son, and Henry Vanderburgh, being named therein, and Antoine Gamelin omitted, he having left the Territory. December 12th.— The Secretary appointed Oliver Spencer, Lieutenant-Colonel; Brice Virgin, Captain; and John Bowman, Ensign of the First regiment of Hami- ton county. December 14th. — George McCuUom commissioned Justice of the Peace for Hamil ton county. December 27th.— Military appointments made as follows: Captain— Levi AVood ward. Lieutenants— John Vance and John Wallace. Ensign— Isaac Freeman. En- sio-n Kibby was promoted to be Lieutenant, vice Scott Traverse, resigned. LAWS PASSED, 1791 . 1. Supplementary to a law entitled, -'A law respecting crimes and punishments." [Pub.June22.\ 2. For the punishment of persons tearing or defacing publications set up by au thority. [Pub. June 22.] •3. Creating the offlce of Clerk of the Legislature. [Pub. June 22.] 4 Eor rendering authentic as evidence in the courts of the Territory the public .acts, records, and judicial proceedings of courts of the United States. [Pub. JuneZl.] 5. Abolishing the distinction between the crimes of murder and petit treason. [Pub. .Tune 22.] 6. Regulating the inclosures of grounds. [Pub. June 29.] 7. To alter and amend the militia laws. [Pub. July 2.] 276 The St. Clair Papers. by the way of Lexington, and yours of the I7th by Mr. Denny.. Your misfortune, to be sure, has been great and unexpected. But,. sir, it Avas one of those incidents Avhich sometimes happen in human affairs, which could not, under existing circumstances, have been prevented. The event and the gallant men are to be regretted. But the mind, instead. of being depressed, must be braced to prepare an adequate remedy. In devising measures to this end, I should have been hapjjy had your health and other circumstances permitted that you had repaired here even earlier than your intimations. Be assured, sir, that however great the defeat, that both your reputation and the reputation of the troops under your command, are unimpeached. The fact seems to be pretty Avell ascertained, by way of Detroit, through different channels of coramunication, that you must haA^e had opposed to you 2,500 Indians. If this should prove true eventually, a consolation Avould at least arise that you were beaten by superior numbers, I enter not into particulars, as it is probable you will soon be here, and even this letter may miss you. General Armstrong' to the President. December 23, 1791. Who could doubt, Avho knows the abilities of the first officers of that army, that the only successful mode of coping Avith Indians in a forest had not been preconcerted over and over long before that. day. The partial or momentary advantage, gained by the flanklng- parties only, as I apprehend, with screwed bayonets, would easily discover the error of the former arrangeraent ; but alas, it Avas then too late, either to devise a ucav one or change the old for a better. Placing the railitia in a body over the brook, permit me to say, was an uuAvarrantable step, Avhen tAvo or three small pickets would have served a better purpose. It seems jjrobable that too much attach ment to regular or military rule, or a too great confidence in the ar tillery (which, it seems, formed part of the lines, and had a ten dency to render the troops stationary) , must have beeu the motives which led to the adopted order of action. I call it adopted, because 'General John Armstrong the hero of Kittaning, and recognized at the time as the highest authority on Indian warfare. His tribute of praise is as just as his criticisra. It is safe to accept hisjudgment as final so far as the carapaigns against the Indians, in 1790 and 1791, are concerned. The neg lect of the quartermaster-general forms another chapter, and a very dis graceful one. Correspondence, Addresses, Etc. 277 tbe General does not speak of having intended any other, whereby be presented a large and visible object, perhaps in close order, too, to an enemy near enough to destroy, but from their known modes of action comparatively invisible ; Avhereby we may readily infer that five hundred Indians Avere fully sufficient to do us all the injury we have sustained, nor can I conceive them to have been many more. But, tragical as the event has been, Ave have this consolation : that, during the action, our officers and troops discovered great bravery, and that the loss of a battle is not always the loss of the cause. In vain, however, may we expect success against our present adversaries without taking a fcAV lessons from them, which I thought Ameri cans had learned long ago. The principles of their military action are rational, and, therefore, often successful. We must, in a great degree, take a similar method in order to counteract them. As the best of men are liable to mistakes, shall Ave lay all the blame of this heavy misfortune to the score of natural causes, and our half surprised and mangled army ? No, verily ; for, if we do, the last error Avill be greater than the first. No, sir ; the people at large, in behalf of wdiom the action was brought on, are more es sentially to blame, and lost the battle. An infatuating security seemed to pervade the minds of all men amongst us. We pon dered not sufficiently the nature and importance of the object. General St. Clair to the Secretary of War. Philadelphia, January 22, 1792. S'lr : — To the letter of the 9th November, which I had the honor to address to you from Fort, Wash ington, a postscript Avas added relating to information communicated by Captain Slough to General Butler, and not imparted by him to me, and that did not come to my knoAvledge till after the army had got back to that fort. As the nature of tbe inforraation Avas not mentioned, the postscript must have appeared mysterious, and it is proper that I should ex plain it. Captain Slough was intended to have been the bearer of the letter (and it was so indorsed upon the corner), therefore I thought it needless to insert the particulars, and had he presented it to you, no doubt, sir, you Avould have inquired into it fully, and all ambiguity Avould have ceased ; but, at the moment he should have set off,' some account of the situation of Colonel Gibson, who is his uncle, induced him to delay his journey, and the packet Avas put into the hands of another person then going to Lexington. You 278 The St. aair Papers. Avill be pleased to recollect that it was stated in that letter, that on the night preceding the 4th October, the militia were in advance- of the most of the army. For greater security, and to intercept any small parties of Indians Avhich might be approaching with predatory vieAV, it was thought fitting that a party of regular troops should be advanced from a quarter to a half of a mile from the militia. The party was taken from the right Aving AA'hich formed the front line, then under the immediate command of General Butler, and Captain Slough Avas the officer ordered out by him for those purposes. In the night, it seems, he discovered the Indians ap proaching in such numbers that he thought it necessary to draAV in his party, and imraediately made report of what he had discovered to General Butler, from whom he received his orders. He proposed to the general to make the same report to me, but General Butler replied to him that, as he must be fatigued, he had better lie doAvn to sleep, and that he would himself glA-e me the inforraation. This is, as nearly as I can recollect, the account that Captain Slough gave me at Fort Washington. The orders given to Colonel Oldham, mentioned also in the post- scrijit as not executed, Avere that he should send out from his com mand, an hour at least before day, and as much earlier as possible, four or five parties of tAventy men Avith an officer, to take different directions, to make discoveries. I Avas very anxious on this point, and not without doubt that it might not be practically attended to. Therefore, about the dawn of day, but rather before it, the adjutant- general was sent to Colonel Oldham, that I might be certain of that precaution having been taken. Colonel Oldham was met by him at some distance from his encampment, and inforraed him the par ties were not then gone out, but Avould be dispatched the moment he returned. Unhappily he ncA'er returned. General St. Clair to Hon. Thomas Fitzsimmons. Philadelphia, January 23, 1792. Sir : — The communications Avhich ^have been raade to the com mittee by the Secretary of War and Mr. Hodgdon seem intended to give a new turn to the inquiry, and present themselves to my mind not as a justification of theraselves frora any share they or- either of thera raay have had in producing the raisfortunes of the last campaign, but a combined attack upon me personally. It would be improper in me to obtrude upou the committee any obser- Correspondence, Addresses, Etc. 279 vation I may think proper to make upon those communications in that point of view. But, as it has been remarked, some part ofthe report of the committee respecting Mr. Hodgdon particularly may have been drawn from the information contained in my official let ters to the Secretary of War, the truth of Avhich information is de nied, it is incumbent upon me to shoAv to the committee, as far as it is in my power to shoAV it, that the information I gave Avas Avell founded. To that end I would request that Captain Sedam and Captain Kirsey, who are, I believe, at New BrunsAvick, in New Jersey, may be summoned as Avitnesses, and General Harmar and" Major Zeigler, who are in this city. Those are the only persons I can recollect at present Avho Avere at Fort Washington at the time I arrived there who are within reach, and the use I mean to make of this testimony is to fix what was the general opinion in the army with respect to Mr. Hodgdon as quartermaster, and the great share of toil, trouble and A^exation that fell upon me from his absence. I mention the use Avhich is to be made of it, because if these points are thought to be sufficiently established already, I would dispense ¦with Captains Sedam and Kirsey, on, account of the trouble the journey must unavoidably give them. I would also request that tbe committee Avould be pleased to ask from the War Office the com munications from Colonel Mentgez as inspector, after I assumed the command at Fort Washington. General St. Clair to the President. [Private.] PHILADELPHIA, February 24, 1792. Sir : — I take the liberty to inclose for your perusal the draught of a letter which I propose to address to you on the subject I had the honor to mention to you a fcAV days ago. You will perceive that the letter is intended to be published, and it is for that reason I have presumed to lay it before you in this manner, and I have to beg the favor that, should there be any sen timents in it, or any thing in the manner of expressing them that you disapprove of, you Avould be pleased to mention, that they raay be suppressed or altered before it be too late. I am not perfectly sure of the ground I have taken upon this occasion, but I am sure the measure has proceeded from a delicacy of respect, and an earnest desire to avoid the giving you the smaUest dissatisfaction, and to approach you in my private charac ter is a Uberty Avhich you were pleased to grant me. 280 St. Clair Papers. Major E. M. Butler to Governor St. Clair. [No Place or Date], 1792. Sir: — Your communications to the Secretary of War on the subject of the late campaign, imply so unjust an imputation on the memory of the deceased General Butler that I, as a brother and a friend [out], find myself disagreeably obliged to address you on the occasion. I flatter myself I have only to mention the circumstance in order to bring to your recollection Avhat, in the hurry of business, must have escaped, to induce you to wipe the unraerited stain from a character Avho, when living, thought highly of your Excellency's friendship. On the evening preceding our action, I mentioned (in consequence of sorae observations I had made) to the adjutant-general the policy of a small detachment being sent to ambuscade on the Indian path the parties Avho might be stealing horses. He raentioned it imme diately to your Excellency, Avho approved the idea, and was so polite as to alloAV me the mere honorary honor in turning it out, not to exceed thirty or forty men. In consequence of this, I put out Captain Slough with his party. I gave him his orders and the coun tersign, nor did I ask General Butler (after receiving ray orders) that night, or give hira the smallest advice of such a party's having been detached. I ara Avell convinced General Butler had no official information on this subject until a few minutes previous to the action commencing. Your Excellency will see from these facts that General Butler did not find out Captain Slough, nor give him his orders ; and of course, if Captain Slough had raade the report in question, it Avas.not offi-, cial, nor was he in any way accountable ; but I have so far investi gated the matter as to be assured myself that Captain Slough never made such report, and, if necessary, expect in a short time to prove it to the satisfaction of the parties interested, should your Excellency refuse the friends of General Butler that justice which his merits deserve. "^ General St. Clalr to Major Edmund Butlee. Philadelphia, March 3d, 1792. Sir : — I have, post before last, received a letter from you without 1 The contrary was proved. Correspondence, Addresses, Etc. 281 •date, on the subject of my official communications to the Secretary of War, by which you say unjust harm is fixed on the character of the deceased General Butler, who, Avhen living thought highly of my friendship, and you expect that from the statement you have made, that I shall be induced to wipe it off, otherAvise, as a brother and friend, you must apply to the public. How General Butler, when living, estimated my friendship, I do not know ; but I very well know that he had good reason to set some value upon it, because in the course of a considera.ble number of years it had been unremitting and usefid to him, and was, as far as I had opportunity, extended to all his connections. It, therefore, gives me some surprise that one of his brothers, who, I think, could not be ignorant of those circumstances, should suppose that in the moment almost of his decease, I would attack his character. This supposition implies an inconsistency on my part that I have not been used to give examples of, and I should have thought that you knew enough of me to believe I Avas not apt to detract from the reputation of any person living or dead. You are mistaken in supposing that the hurry of business led me into any mistake, excepting it might be this one, that in giving you directions about the party it did not occur to me that it Avas the left wing of the army, and not the right, to which you acted as Brigade Major — a mistake I fell into oftener than once, and OAvIng, I sup pose, to the circumstance that I had requested General Butler to give you that appointment. It Avas my intention that you should ha\'e commanded the party, as it seemed to be your AvIsh, bnt recol lecting your situation as Brigade Major, it Avas ImprojDer that you should be detached ; neither Avas it proper that any thing resjDccting the right Aving should have been given in charge to you. It does not foUoAV that because you did not see General Butler (after re ceiving your orders) that night, that I did not see hira, and Avhether you consider the information he got official or not, avIU not make any difference in the case, and you may be assured that I can prove, in the most unequivocal manner, that the party Avas formed close by his tent, and that the officer did receive his orders from him. Whether General Butler received from Captain Slough the informa tion Avhich I have stated to the Secretary of War rests with Captain Slough. I presume it Avill not be doubted that such information was given to me. It Avas my duty to make the communication, and it was done in a manner the most delicate I could think of, for I not only avoided the inserting it in the body of my letter, Avhich Avould iave rendered the publication of it inevitable, but I did not e.\en. 282 The St. Clair Papers. detail it, leaving it to a personal explanation with Captain Sloughy and the Secretary to judge whether to publish it or not. It Avas unfortunate that he did not go forward as Avas expected. With respect to an appeal to the public, sir, I have only to ob serve that the imprudence of some persons Avho have come forward already as General Butler's friends, but Avho are in fact no friends, either to his memory or to me, Avill, I believe, render it necessary that every transaction of the campaign be laid before the public, when many things that gave rae much pain at the time, and that would, as things happened, have been burled, in eternal silence, must be brought to vIcav. For the consequence, it is they and not I that wiU be responsible. Tobias Lear^ to General St. Claie. Sunday Morning (without date) 1792. Dear Sir : — The President, recollecting an engagement Avhich he has at ten o'clock to-morroAV morning, requests you avIU be here at eight, instead of nine o'clock, as Avas proposed, in order that he may be at liberty to comply Avith his engagement at ten. P. S. — You Avill take breakfast Avith the President, if convenient. General St. Claie to the President. Philadelphia, March 26, 1792. Sir : — I beg leave to offer my unfeigned thanks for the honor con ferred upon me by the appointment to the comraand of the array of the United States the last campaign ; though that campaign was unfortunate, I am not conscious that any thing within my poAver to have produced a more fortunate issue Avas neglected. As I was prompted to accept that command by no motives of either ambition or interest, but by a fervent Avish to be of service to my country, and a belief, perhaps too fondly entertained, that I could be so, that ^Private Secretary to President Washington, and so highly esteemed by iim as to be remembered in his will. llr. Lear Avas born at Portsmouth, New Harapshire, September 19, 17G2. He Avas graduated at Harvard Uni versity. In 1801, he Avas appointed Consul-General at San Domingo; and from 1804 to 1812, was Consul-General at Algiers, and was commissioned to conclude a peace with Tripoli. Died October 10, 1816. — Drake's American. Blog. Correspondence, Addresses, Etc. 283- I am led to decline it in future, proceeds neither from disappoint ment nor disgust. Having been much affiicted with sickness during nearly the whole of the last campaign (though I flatter myself the public interest did not suffer by it), and although my health is now tolerably restored, my constitution has received a very severe shock, and I might not again be able to go through the Aveight of business which necessarily follows the command of an army. While I ara persuaded that every thing Avas done in the course of the last cara paign that could be done, on my part, to ansAver the public expecta tion fully, yet it is denied by some, doubted by many, and known to but few out of the army. A Avish to rectify the public opinion, and a duty that I conceiA'e I OAve to myself, induces me to request that an inquiry into my conduct may be instituted. When that is over, I may hope to be permitted to resign the commission of Major- General which I now hold. Should the result of the inquiry be tbat in any instance the duties of my station were neglected ; or that I did not improve CA'ery hour and CA'ery opportunity to the best advantage ; or that the operations of the army, after it was in a condition to operate, Avere delayed one moment in consequence of my illness, I shall patiently submit to the merited censure. To whoever may be appointed my successor, I shall be happy to give every light and information my situation as General of the army and Governor of tbe Western Territory put it in my poAver to ob tain, and to evince to you and to the Avorld that the confidence you were pleased to repose in me was not misplaced. With every sentiment of gratitude, of respect, and, allow me to add, of affection, I have the honor to be, etc. President Washington to General St. Clair. United States, March 28, 1792. ;§{,.; — Your knowledge of the country north- Avest of the Ohio, and of the resources for an army in its vicinity, added to a full con- dence in your military character, founded on mature experience, induced my nomination of you to the comraand of the troops on the frontiers. Your desire of rectifying any errors of the public opinion relative to your conduct, by an investigation of a court of inquiry, is highly laudable, and would be readUy complied Avith were the measure practicable. But a total deficiency of officers, in actual service, of 284 The St. Clair Papers. competent rank to form a legal court for that purpose, precludes the power of gratifying your wishes on the occasion. The intimation of your readiness to afford your successor all the information of which you are capable, although unnecessary for my personal conviction, raust be regarded as an additional evidence of the goodness of your heart, and of your attachment to your country. [Private. — While I accept your resignation for the cause you state, I sincerely regret the occasion. I fervently hope that your health may be perfectly re-established, and that you may enjoy un interrupted happiness.]^ General St. Claie to the President. Philadelphia, March 31, 1792. Sir : — I have had the honor to receive your letter of the 28th in stant. While I lament that circumstances prevent an investigation into my conduct by a court of inquiry, I can not but acquiesce in the reasons you have assigned Avhy it can not take place, and I beg leave to present my thanks for the desire to have gratified rae, had it been practicable, which you have been pleased to manifest.. In ray letter of the 26th, I expressed ray intention of retiring from the army when the inquiry should be over. The only reason I had for Avishing to retain ray commission until that time Avas, that if any misconduct should appear in the course of the inquiry, I might be amenable to a court-martial, which a resignation would have precluded. The House of Eepresentatives, sir, have directed an inquiry into the causes of the failure of the last campaign to be made by a committee of their oavu body. The same reason that in fluenced me when a court of inquiry Avas conteraplated, operates now with equal force, and, therefore, it may be proper that I should still retain my coraraission, but, as it Avill soon be requisite that some person should be at the head of the army Avho is to continue to comraand it, it is necessary that I should inform you explicitly, Avhich I now do, of my fixed resolution to resign the moment the inquiry is finished, should no fault be found that any embarrass ment Avhich may exist with respect to providing a successor for me may be removed. Be pleased, sir, to obserA'e that my sole object is to give effect to public justice, in the usual Avay, by a court-martial, should it appear ' The paragraph within brackets was written below the signature and a line drawn around it. Correspondence, Addresses, Etc. 285 that, in any manner whatsoever, tbe misfortunes of the last campaign can be attributed to me, and it is the proper, and, I believe, the only tribunal where military crimes and misconduct can be inquired into and punished, or where an officer's reputation, infinitely dearer than life, can be vindicated. Should the public service, however, require that another officer of the same rank with me be appointed immediately, I am ready to make the resignation forthAvith, notwithstanding that it may seem to proceed, and, at a distance, will be supposed to have arisen from a sense that the volume of calumny and defamation, invented by malice, which is daily pouring from the press into the public ear, bas too much foundation for me to meet it — that I shrink from the consequences and choose to shelter myself in a private station. I am ready, sir, upon tbis, as I have been upon others, to sacrifice every private and personal feeling and consideration to the public good. President Washington to General St. Clair. United States, April 4, 1792. Sir: — I have read and duly considered your letter of the 81st ultimo. The reasons you offer for retaining your commiesion until an op portunity should be presented, if necessary, of investigating your conduct, in every mode prescribed by laAV, would be conclusive with me, under any other circumstances than the present. But, the estabUshment of the troops alloAvs only one Major-Gen. eral. You have manifested your intention of retiring, and the es sential interests of the public require that your successor should be immediately appointed, in order to repair to the frontiers. As the House of Representatives have been pleased to institute an inquiry into the causes of the failure of the late expedition, I should hope an opportunity Avould thereby be afforded you of explaining your conduct in a manner satisfactory to the public and yourself. General St. Clalr to the President. Philadelphia, April 7, 1792. I bave had the honor to receive your letter of the 4th instant. Although I was very desirous, sir, to hold my commission of Major- 286 The St. Clair Papers. General until the inquiry by the committee of the House of Repre sentatives should be over, for the reasons which I assigned, and which you are pleased to think have some weight, yet the necessity of the officer being appointed who is to command the troops, in order to his repairing to the frontier, is certainly pressing and ought to sUence with me every Avish of a raere personal nature. I do, therefore, now formaUy resign the appointment tif Major-General. I have never entertained a doubt that an inquiry into the causes •of the failure of the late expedition, Avhether directed particularly to my conduct or to that connected Avith other causes that may have operated, in Avhatever Avay it might be conducted, would prove honorable to me, and satisfactory to the public as far as I was con- connected with it, but setting, as I do, a due value upon the public opinion, and desirous not to lose that place in the esteem of the vir tuous and intelligent of my felloAV-citizens, which I have long held, you wiU not wonder that, under existing circumstances, a degree of anxiety, not only that an inquiry should be made, but that every thing capable of being misconstrued should be avoided on my part. I Avill own to you, sir, that the desire of honest fame has ever been the strongest passion in ray breast. I have thought that I had merited it, and it is all I have to compensate me for the sacrifice of a very independent situation and the last years of my life devoted to the public service, and the faithful application of my talents, such as they were, in every situation in Avhich I have been placed, with a zeal bordering upon enthusiasm. I trust, sir, I shall yet enjoy it, while those who have attempted to disturb it Avill be forgotten, or re membered Avith indignation, and, in their bosoms, if they have feel ing, sensations may arise, something similar to what Milton has described to have seized upon Satan, when he discovered our first parents in Paradise. Report of a Special Committee of the House of Repre sentatives ON the Failure of the Expedition Against THE Indians. March 27th, 1792. Mr. Giles, of Virginia, introduced a resolution requesting the President to institute an inquiry into the causes of the faUure of the expedition against the Indians in the fall of 1791; " and also into the causes of the detentions or delays Avhich are suggested to have attended the money, clothing, provisions, and military stores. Correspondence, Addresses, Etc. 287 for the use of the said army, and into such other causes as may, iu any manner, have been productive of said defeat." This led to an animated debate, during Avhich party spirit Avas displayed. It was finally suggested by Mr. Fitzsimmons, of Penn sylvania, that it was improper to request the President to institute a Court of Inquiry. ' ' The reasons and propriety of such courts are better and more fully known to the President than to the members of the House." He Avas in favor ofa committee of inquiry relative to such objects as come properly under the cognizance of the House, and if the resolution Avere defeated he would move the appointment of such a committee. Mr. Giles's resolution Avas rejected, and the fol lowing resolution offered by Mr. Fitzsimmons was adopted : Resolved, That a committee be appointed to inquire into the causes of the failure of the late expedition under Major-General St. Clair ; and that the said committee be empowered to call for such persons, papers, and records, as may be necessary to assist their inquiries. The committee ajipointed under the resolution consisted of Mr. Fitzsimmons, Mr. Giles, Mr. Steele, Mr. Mercer, Mr. Vining, Mr. Clark, and Mr. Sedgwick. The committee entered upon the discharge of their duty immedi ately, and gave notice to the Secretary of War, and to Major-Gen eral St. Clair, to attend. After a very minute and laborious in vestigation extending throughout the session, during which many witnesses Avere examined, the committee came to a unanimous agree ment, and made report to the House, of which the foUoAving ex tracts cover the essential points : [The report first relates that a contract for supplies was made by the Secretary of the Treasury with Theodosius Fowler, who gave bond in the sum of one hundred thousand doUars for the perform ance of the contract; that January 3, 1791, the contract was trans ferred from FoAvler to William Duer, but that notice of the transfer was not filed in the Treasury Department until the 7th of AprU, and that the Secretary of the Treasury refused to recognize Duer other than as the agent of Fowler; that the Secretary of War, who alone appears to have been the agent on the part of the United States, in all things relating to the execution of the contract, always corre sponded with Duer as contractor, and on the 26th of AprU he entered into a contract with the said Duer for supplying the troops witb provisions until their arrival at Fort Pitt, for the execution of which Duer gave a bond in the sum of four thousand dollars Avith out security. The report also relates that no money for purchasing suppUes was furnished at Carlisle, which was the place of ren- '288 The St. Clair Papers. dezvous for the enlisted soldiers, down to a day as late as the 9th of May ; aud that the agent of the contractor Avas actively engaged in furnishing supplies for the troops on credit.] It appears from the correspondence of General Butler to the Sec tary of War, from the 9th of May to the 9th of June, repeated complaiuts Avere raade of fatal mismanagement and neglects in the quartermaster's and railitary stores departments, particularly as to tents, knapsacks, camp-kettles, cartridge-boxes, pack-saddles, etc., all of AvliIch articles Avere deficient in quantity, and bad in quality. The pack-saddles particularly, Avere made in PhUadelphia, which, Avith the transportation, amounted to raore than double the price at Avhich they might have been procured at Fort Pitt, and raany of them Avere found, upon exaraination, to be unfit for use ; a few of the smaller ones only were used. It appears that a great proportion of the poAvder supplied for the use of the army Avas not of good quality, though an experiment was raade by Major Ferguson at Fort Pitt with a howitzer, who re ported in favor of the quality of the powder.' On the 9th of June, General Neville, another of the contractor's agents, informed Gen eral Butler that he had not at that time received any moneys from the contractor for the purchase of provisions, etc., for the troops, and Avas obliged to supply them on credit, that the country fur nished provisions in abundance at a cheap rate when money was had for the purchase. That shortly after this information Avas commu nicated to General Butler, at his request four hundred dollars Avere advanced to General Neville by the quarterraaster for the purchase of provisions for the troops. It appears that General Butler had orders from the Department of War, to protect the frontiers Avith the troops under his coraraand, and that the delays in sending the troops forAvard from Fort Pitt, arose partly from that circumstance and partly from the temporary want of supplies of provisions aud other necessaries, and from want of the necessary boats for their transportation, Avhich were not in readiness so soon as the troojJS Avere ; it appears that General Butler acted Avith ability, activity, and zeal, in his comraand at Fort Pitt, and that the delays of the troops there can not be imputed to his want of judgment, or his Avant of exertion. The troops met Avith considerable difficulties and delays iu going down the river, frora the Ioav state of the water. ^ On descending the river the boat containing the powder was sunk for a considerable time, which greatlj' damaged it. The experiment at Fort Pitt, of course, was made before this accident. Correspondence, Addresses, Etc. 289 The army, consisting of about two thousand non-commissioned officers and privates, moved from Fort Washington, by orders from the Commander-in-Chief, to a place five or six miles from thence, caUed Ludlow's Station, Avhere they continued till the 17th of Sep tember, at whicb time the Avhole army amounted to about tAvo thousand three hundred non-commissioned officers and men fit for duty. Mr. Hodgdon was appointed quartermaster-general in the month ofMarch, and continued at Philadelphia until 4th of June ; he then proceeded to Fort Pitt, where he arrived the 10th of the same month ; and where he remained until the 26th of August ; no suffi cient causes have appeared to the committee to justify this delay, and his presence Avith the army appears to have been essentially necessary previously to that time ; the duties of the Commander-in- Chief were much increased in consequence of the absence of the quartermaster-general, and after a continued expectation of his ar rival at Fort Washington, for more than six weeks, the Commander- in-Chief gave him express orders, by letter, to repair to camp with out delay. The receipt of the letter is acknowledged, but the orders con tained therein were neither answered nor obeyed, and his arrival at camp was not until the 10th of September. The Commander-in- Chief, until that time, in addition to the duties of his office, dis charged those of the quartermaster-general,' and the military stores 1 Extract from the Testimony of General Hakmar. He was not with General St. Clair on the expedition ; was at Fort Wash ington when the general arrived; heard nuraberless coraplaints araong the otHcers ofthe ill conduct of Mr. Hodgdon, the quartermaster, and of his not being forward at headquarters, and the trouble that General St. Clair was unavoidably subjected to by his absence.' Is of opinion that the arrange ments of Mr. Hodgdon, after he did arrive, were ill-judged and defective. 1 hese deficiencies, he understood by conversing with the ofBcers, left Fort Washington 25th or 27th October, one thousand seven hundred and ninety- one. These discontents were frequent among the officers, and from his own observations he judged of the bad arrangements of Mr. Hodgdon, particu larly the tying up the horses to the fences; cavalry were suffering for want of forao-e, which the fences showed, as they eat the fences both before and after the arrival of Mr. Hodgdon; heard Major Ferguson coraplain of the quartermaster about the trouble he gave him in his departraent. The com plaints of the officers were want of forage, sraallness of tents, badness of pack-saddles, and many other articles. Kemerabers he heard Major Fer guson inveighing bitterly against the quartermaster's conduct. Took notice VOL. II — 19 290 The St. Clair Papers. furnished by that department Avere so deficient from mismanagement of the tents being very bad; the flanks were of Eussia sheeting, and the ends of crocus, or osnaburg; were very sraall, and could not, in his opinion, keep out the rain. The clothing of the levies was raiserable indeed; great disparity between the clothing for the regulars and that for the levies, the latter was not half so good in quality; heard great complaints by sundry officers of the levies. The increased toil of the general, he understood from the officers, was on account of the absence of the quartermaster. Did not hear Major Ferguson complain particularly of the trouble he had in repair ing arras, but heard hira complain loudly against the quarterraaster for the trouble he gave hira in his particular department; heard his coraplaints, particularly of the pack-saddles, saying that they were large enough for elephants; did not hear any observations on the powder while at Fort Washington, but has heard complaints of it from the officers since. Extract from the Testimony of Major Zeigler. He arrived at Fort Washington about the 20th of June, and continued until he went on the expedition. General St. Clair arrived on the first, sec ond, or third of May. Kemembers well the uneasiness ainong the officers on hearing of Hodgdon's appointment of quartermaster to the army, as they were well acquainted with him, and knew him to be totally unfit for such a business. That the arrangeraents which were taken by hira proved the event at an early period, as almost every step taken by him was deficient, ill-judged, and increased the disgusts and complaints in the army. That from the long delay in the quartermaster's arrival, the3' were in hopes that, when he did arrive, he would corae well prepared, but that vvhen he did come his arrangements were extreraely defective, which increased the cora plaints and disgusts of the army, but he seemed generally busy, but did nothing. That the pack-saddles were too large, and complained of by Ma jor Ferguson, who seemed extremely uneasy on that account; and, indeed, they were conderaned by every officer who had been conversant with that business. That the tents were truly infamous, the ends being made of cro cus; that, by reason of this, -a, great number, indeed many hundred dozens of cartridges were destroyed, and the troops, not being kept dry, were sick in great numbers. That there were some few good tents which were of the old stock on the forraer expedition, and that the difference between those tents and these furnished fru- the expedition was obvious to every person. That the clothing for the levie.s was infamous, as many who arrived at Fort Washington were alraost naked. That the powder was proved from his own experiment, as he tried it and found it extremely weak; that it would not carry a ball but a small distance comparatively with genuine powder. That the axes were too soft, and when used would bend up like a dumpling; that in consequence of the badness of the axes he purchased a good one for himself, at his own expense. That as to the hospital stores, particularly the wine furnished was extreraely bad. When General Wilkinson arrived, he made particular inquiry about the state of the arms and of the hospital stores, and required a particular return from the different officers who su- Correspondence, Addresses, Etc. 291 and neglect, that many things essential to the movements of an perintended each department; after this none of the bad wine was issued; although there was some good found, none was issued to the sick. That after General St. Clair arrived at Port Washington, the shops were repaired and sorae new ones built; that those pieces particularly that had been in General Harmar's expedition, had new wheels made and new carriages al together. He did not think there Avas any flxed ammunition but what was made up at Fort Washington, as he was informed by Major Ferguson, who superintended the laboratory; that there might have been some small quan tity brought in boxes, but how much he knows not. That the fixing ammu nition requires considerable time and knowledge in the business, and every soldier is not fit for it; that he was told by Major Ferguson that boxes were too open for the transportation of fixed amraunition, and that kegs are the only things proper, as they were tight and waterproof; that they were raade at Fort Washington; that the boxes, slings, etc., for the balls and shells for ordnance, were also made at Fort Washington. That he frequently noticed General St. Clair the first up in a morning, going frora shop to shop to in spect the preparations, and that he seemed very uneasy at the delay in dif ferent preparations that Avere necessary for the campaign. That to his knowledge, the shells were fixed at Port Washington; also, wheels for the carriages and the carriages themselves, and many other things he can not recollect. That raw hides were cut up to make lashings and other uses, as also, ropes were made, about which business a nuraber of hands were era ployed. That he particularly remembers that, before the troops arrived at Fort Jefferson, and on the march, that he was sent forward to view the en camping ground pitched on by the quartermaster; the ground had boen marked out by him, and it was so executed that even the soldiers laughed at it; that there was not even a single eminence 'that could guard the army occupied, and the greatest part was contained in a valley; that it was then too late to change the ground, and the army remained there that night; that, in consequence, the out picket was strengthened by fifteen men until about eight o'clock next morning; that the whole had orders to be ready in case of danger, an hour before day. I think, from my own experience, I never saw such a degree of trouble throAvn on the shoulders of any other general that I have served with, as upon General St. Clair, from the abset;ce of the quartermaster, and the preparations that were necessary to be made in his departraent, in order to be able to take the fleld in season ; that, in his opinion, it was well for the quartermaster that he served in a, republican government. He conceives that the delay iu marching from Ludlow's Station was oc casioned by the difficulty in clearing the road, in making bri'lges, etc.; one day the army marched but a mile and a half; added to this, there was so small a stock of provisions on hand that, had the army moved on, they must have eaten their flngers; that the men were frequently at half allow ance, and the quartermaster was sent back to hurry it; that the army was oblio-ed to wait frequently for provisions, at Fort Jefferson two days. That the (reneral, in his opinion, always showed a zeal to accoraplish the objects 292 The St. Clair Papers. army were either wholly made or repaired at Fort Washington, and even the tools for the artificers to Avork with. The quartermaster particularly informed the Commander-in-Chief that two complete traveling forges were sent forward, and upon examination both of thera Avere found to be Avithout an anvil ; many other things, equaUy necessary, Avere either wholly omitted, or unfit for their intended use. The Coramander-in-Chief appears to have been correct and at tentive in all his coramunications Avith the Secretary of War, and to have discharged the various duties which devolved upon him with ability, activity, and zeal. The array moved from Ludlow's Station on the 17th day of Sep tember, and arrived at the place, Avhere Fort Hamilton is uoav erected, on the day of September ; they employed about fifteen days building that fort,' and then proceeded in their march to the of the expedition. That, in his opinion, the works at the different forts could not have been built with greater expedition than they were on Gen eral St. Clair's march. Even the officers showed a pride in working with the men, in order to expedite the work. That Major Ferguson frequently com plained of the want of almost every kind of intrenching tools, particularly axes; and frequently there was only one axe to three men, so that, conse quently, two must look on and only work by turns. 1 People ofthe present day know little of the hardships attending the cut ting of roads through a heavily timbered country for an army to raarch, and the labor incident to the construction of a stockade fort. On this ex pedition, a road twenty feet wide, for ninety miles, was directed to be made, and two forts were constructeti suitable for sustaining a seige. Take that of Fort Harailton, on the Great Miarai, for example: First, the ground had to be cleared where the fort was to stand, and two or three hundred yards round it, which was very thickly wooded, and was a work of time and labor. The circuit of the fort was one thousand feet, through the whole extent of which a trench about three feet deep was dug to set the pickets in, of which it required two thousand, carefully selected and of uniform size, to inclose it. When formed, the trees had to be felled, cleared of their branches, and cut into lengths of about twenty feet. They were then carried to the ground and butted, that they might be p'aced firm and upright in the trench, Avith the axe or cross-saw; sorae hewing upon them was also necessary, for there are few trees so straight that the sides will corae in contact when set upright. A thin piece of timber, called a riband, is run around the whole near the top of the pickets, to which every one is pinned with a strong pin, without which they would decline from the perpendicular with every blast of wind, some hanging outwards and some inwards, which would render them, in » great measure, useless. The earth thrown out of the trench is then returned and strongly rammed to keep the pickets firmly in their places, and a shal lower trench is dug outside, about three feet distant, to carry off the water and prevent their being moved by the rains; about two thousand pickets are sot Correspondence, Addresses, Etc. 293 place where Fort Jefferson is now erected, forty-four miles in advance of Fort Hamilton, where they arrived on the 12th of October, and commenced their march from that place on the 24th of the same month. That the army, at this time, consisted of seventeen hun dred non-commissioned officers and priA'ates fit for duty; at this time the army had not more than three days' supply of flour, and were sometimes at one-fourth and sometimes at one-half allowance of that article, the deficiencies of which allowance Avere raade up by increasing the quantity of beef, with Avhich they were plentifully supplied. The army was delayed five or six days in their march from Fort Jefferson for the want of provisions, and the season Avas so far advanced that sufficient green forage for the horses could not be procured, from which circumstance many of the horses were totally lost, and others rendered unfit for service. The orders to the Commander-in-Chief Avere express and unequivo cal to proceed Avith the expedition ; so much so as, iu the opinion of the committee, to preclude the Commander-in-Chief from exer cising any discretion relative to the object.' up in the inside, one between every two of the others; the work is then in closed. Bastions were constructed to cover tbe points of approach; plat forms and gates were formed out of plank sawed by hand frora the trees; barracks were built for one hundred men, and for officers; a guard-roora, aud store-houses for provisions. All of this was accoraplished in less than fourteen days. iWas it optional for the Commander-in-Chief to postpone the moveraent intothe Indian ccmntry? While tho Secretary of War was kept advised ofthe delays incident to the enlistment of the troops, and while he was in no wise concerned at the detention of the quartermaster in the East, he was dec. aring that the President was very anxious that the expedition should go forward. To fully understand this strange confusion, letthe correspondence of August and September, as reviewed by General St. Clair, be examined: August 4th. — It was expected that by the time I received that letter, I should receive my whole force; but, except the troops from the distant gar risons, and Major Gaither's detachment, no part of it was arrived; powder and lead that were required were to be forwarded bythe quartermaster; shot and shells for the posts had been ordered, but they can not arrive in time. Mr. Hodgdon had depended on a furnace near Pittsburgh, and, on the '28th of July, he -writes, " that they can not be had; " takes notice of the conditional agreement I had directed the contractor's agents to enter into in Kentucky, and promises that the contractors shall have directions respecting it.' The (l)In extenuation of the delay of the quartermaster so longin the East, and the purchase ot many things there to be transported to the tar AA'est, when they could have been obtained at Pittsburgh, the Secretary of AVar remarked that Mr. Hodgdon had to make not only all the arrangements in his own department, but in the ord nance department also, he having been for many years commissary of ordnance aud 294 The St. Clair Papers. On the 31st October, about sixty of the Kentucky militia de- President still anxious that the operations should coramence at the earliest raoment. August llth. — The President exceedingly anxious that the troops on the upper part of the Ohio should be assembled at Fort Washington at as early a period as possible. But why write to me about assembling them? They were dispersed on the frontiers ot Virginia and Pennsylvania, and not within m}' reach. Every letter I received from the Secretary increased the hope of receiving thera, and served to keep me stretched upon the tenter-hooks of expectation from day to day. August 18th. — The President's anxiety for the commencement of the campaign is again expressed in very strong terms: " It is not easy to ex press his anxiety that the campaign should be successful; he is persuaded you will brace to exertion every nerve under your command." How far this was done, may best be judged of from the preparations I had raade at the tirae that letter was received; from ffhe establishment of two consider able forts, and the cutting a road for artillery and troops to move i7i -marcJiing order for ninety miles. August 2.5th. — The troops still at Pittsburgh, and the President laraenting their detention exceedingly. The Secretary says: " The highest exertions will of course be necessar}', and the President depends upon their being made.'' I think I raay venture to say he was not disappointed in that respect. Septeraber 1st, contains as express and positive orders for the prosecution of the campaign as ever vvere given: "The President enjoins you, by every principle that is sacred, to stimulate your exertions in the highest degree, and to move as rapidly as the lateness of the season, and the nature of the case will possibl}' adrait." It will be judged whether, after this, the Com- military stores; and that it ought to be remembered that Philadelphia was a com mon center, from which all of the stores were supplied, except those furnished in the Eastern States from the arsenal at Springfleld; that these were to be transported to Pittsburgh: and that these circumstances being considered, "it would be rather a ciroumstanee of approbation than censure to flnd the articles, so soon as they really were, transported to their respective rendezvous." On this second pohit, General St. Clair commented as follows: " Very possibly this circumstance may deserve some praise. But there are other circurastances whieh ought to have been duly investigated by the Secretary before he decided upon a campaign to be carried on principally by troops raised for six months only, to-wit: whether he had equipments for tl-iem; and if he had not, whether they could be provided and transported to wheresoever they were wanted in due tirae, and whether the numerous articles in the ordnance and military store departments were on hand, or could be provided and transported likewise. If it had appeared on that investigation that there would be a failure in any one of them, it was evident that the plan eould not be carried into execution. AVliether itwas made or not I am not informed; but, certainly, I was suifered to depart in order to assume the command without a hint of the probability of a disappointment in any one of them; and had I not believed that every thing either was, or would be in readiness to move frora the common center in due time to accord with that fixed for asserabling the troops and beginning to operate, specifled in the plan of the campaign, I should never have undertaken to conduct it." Correspondence, Addresses, Etc. 295 serted in a body, and the First regiment, consisting of about three hundred effective men, was detached, with a view to cover a convoy of provisions which was expected, and which, it Avas supposed, was in danger from the deserted militia, and to prevent further deser tions. On the 3d of November, after detaching the First regiment, the army consisted of about fourteen hundred effective men, and on the morning of the 4th, about half an hour before sunrise, a general attack Avas commenced, and, in a feAV minutes thereafter, nearly the whole army Avas surrounded by the enemy ; the action continued about four hours, during which several charges were made by a part of the army, which caused the enemy to glA'c AA'ay, but produced no good effect ; the attack was unexpected, the troops having been just dismissed from the morning parade ; it commenced upon the militia, who Avere in advance of the main army, and Avho fled through the main army without firing a gun ; ' this circumstance thrcAV the troops into some disorder, which, it appears, they never completely recovered during the action ; the fire of the army was constant, but not Avell directed, and it appears that a part of the troops be haved as Avell as could be expected, from their state of discipline and the manner and suddenness of the attack ; the Commander-in- Chief appears to have been cool and deliberate in the whole action, and the officers in general active and intrepid ; the Avhole order of march, as far as the committee are capable of expressing an opin ion, appears to have been judicious, and the ground for action well chosen ; the retreat was disorderly in the extreme ; after it Avas com menced, no orders were obeyed, if any Avere given, the men having lost all regard to discipUne or control ; all the precaution seems to have been taken for the safety and comfort of the Avounded which the circumstances of the case would admit of. The contractors for supplies, agreeably to the term of their con tract, were to furnish horses, etc. , for the transportation of the sup plies ; in this condition of the contract there Avas a total failure, which compelled the Commander-in-Chief to direct between six and seven hundred to be purchased by Israel LudloAv, one of the con tractor's agents, to draAV bills on Mr. Duer, the acting contractor, for payment, Avhich bills were indorsed by the Coramander-in-Chief, to the amount of about seventeen thousand dollars, Avere protested mander-in-Chief had an option; and whether, if he had taken it upon him self to lay aside the operations, there would not have been an inquiry of very different complexion from that that was had. iThe advanced guard fired a few shots. 296 The St. Clair Papers. by the contractor, and paid at the treasury ; the persons employed by the agents of the contractor to drive the horses, appear to have been totally unacquainted with that business, and, from the want of bells, hopples, and other necessaries of that kind, as well as from other gross mismanagement, many of the horses were lost, and oth ers rendered unfit for service ; from which causes there were not pack-horses sufficient to transport the necessary quantity of flour from Fort Washington for the use of the army on their raarch ; this circurastance retarded the execution of the expedition. The officers, agreeably to the terms of contract, had an election of draAving the Avhole of the rations to Avhich their rank entitled them, or of receiving the contract price in cash ; the contractor's agents, not being furnished with money for this purpose, gave rise to a general order, by Avhich the officer was directed to receive from the contractor's agent, a certificate called a due bill, of one of which the following is a copy : " Due Major H. Gaither, one hundred and seventy-three com plete rations, on the route to Miami village, as appears by Mr. WU son's certificate. Robert Earnest, for Mr. Duee. ".Fort 'Washington, November 17th, 1791." This due bill, issued upon the officer's signing some satisfaction for his whole rations, which acknoAvledgment forms a voucher for settlement to the contractor Avith the treasury department, and the officer is refused payraent for these due-bills at the pay-office ; all casualties by which those evidences of debt become lost or destroyed, are the gain of the contractor, and the loss of the officer. It is suggested by the Secretary of the Treasury, though not with positive certainty, that a sufficient sum will be found due from the treasury to the contractor, upon a final settlement, to cover all these debts to the officers ; the general order Avhich had the operation be fore stated continued in force about five or six Aveeks, and was abol ished about the 19 th October. The privates of the levies received but three dollars pay each, from the time of their enlistments to the tirae of their respective discharges, and were actually discharged without pay or settleraent ; notes of discharge Avere glA'en thera, specifying the time of their service, and bearing indorsations that some advancements had been made to them on account, without stating the amount, the object of which is suggested to haA^e been to prevent transfers ; the intended effect was not produced by the measure ; the notes were sold for trifling considerations ; the real suras due on the notes were various, from ten to twenty-five dollars, Correspondence, Addresses, Etc. 297 and they were often sold for one dollar, or for one gaUon of whisky ; the moneys for the pay of the levies did not leave Philadelphia tUl the 4th of December, nor arrive at Fort Washington till the 3d of January, 1792, some time after the last enlisted levies Avere known to be entitled to their discharges ; ' two reasons have been assigned by the Secretary of War for this delay of payment— the one, because there Avas no regular paymaster to the army, and the difficulties of transmitting moneys to the army at so great a distance,, in conse quence of the Avant of such an officer; and the other, because.it was supposed that the army Avould be at the Miami village, so far advanced iu the Avilderness as not to admit of the practicability of discharging the levies,' the total defeat of the army not having been counted upon. The clothing of the levies appears to have been of very inferior quality, particularly coats, hats, and shoes, the last of which, in many cases, lasted not more than four days, and better clothing fur- 1 The raoney to pay the levies did not leave Philadelphia till about one month after the time of service of the whole of them was expired, and nearly another raonth elapsed before it reached Fort Washington. 2 The enlisting the men of the levies into the standing regiments was di rected expressly by the Secretary of War — a raeasure that laid the founda tion of all the jealousy that subsisted between the officers of those corps, and created so much uneasiness it was forbidden by St. Clair. In the examination, it was claimed by the Secretary of War that a part of the money in the hands of the quartermaster was available for the pay ment of the levies upon the order of the Coramander-in-Chief, and therefore there was no just ground for censure on that score. "The Comraander-in-Ohief suggests that there was no paymaster to the army, nor any person authorized to settle the accounts of the soldiers, and •ascertain the real balances due to them until the arrival of Mr. Swan, on the 3d day of January, 1792, and infers that he had no authority to direct a settlement and order pay to the soldiers until hewas inforraed of the arrange ments made at the war office relatively to that object. Thia suggestion is strongly corroborated by a letter of the Secretary of War, addressed to the Commander-in-Chief, and forwarded by Mr. Swan, which designates Mr. Swan as paymaster, and contains instructions relative to the terms of set tling the accounts of the soldiery. The same letter serves to show that the twenty thousand and sixty-nine dollars and ten cents, put into the possession of the quartermaster-general, were not conclusively destined for the pay of the levies, nor so considered by the Secretary of War ; because it is asserted in that letter that Mr. SAvan is furnished with a sura of money sufficient for the pay of the levies, without making any deduction in consequence of the raoneys furnished the quartermaster-gen eral."^ — Supplemental Report of Com mittee. 298 The St. Clair Papers. nished them upon'their enlisting into the regular service, which was, for a time, countenanced by the Comraander-in-Chief Various modes ajspear to have been pursued by the offirers in en. listing the levies, which occasioned great uneasiness and some con fusion ; a considerable part of the Virginia battalion Avas so enlisted, that the terms of their enlistment appears to have expired the first of NoA'ember ; the orders to the recruiting officers appear not to have been sufficiently explicit upon this point ; whether the terms of enlistraent Avere to coraraence at the time of enlistment, or at the arrival at the place of rendezvous. The railitia appear to have been coraposed chiefly of substitutes, and totally ungovernable, and re gardless of raUitary duty or subordination. It appears that the Com raander-in-Chief had it in contemplation to commence the expedition at least one raonth earlier thau it Avas commenced, Avith the force he then had, Avhich Avas not verv different from the real force in the action, but was prevented for the AA'ant of the quarterraaster and contractor, and in consequence of the extrerae deficiencies and de rangements of the business of those departments ; tlie person sent forAvard by the quartermaster being totally incomjDetent for the business, and the agents not being sufficiently supplied Avith money to enable them to execute their duties. It appears to the committee, that in the wilderness, where veget ables are not to be had, and the duties of the sofdler uncommonly hard, the rations alloAved by laAV, if completely sujjplied, are insuffi cient. This circumstance, with others, produced discontent and de sertion araong the soldiers. It appeal s to the coramittee, that there were appropriated for the use ofthe War Department, for the year 1791, the sum of six hun dred and fifty-tAvo thousand, seven hundred and sixty-one doUarst and sixty-one cents; and that there have been advanced by the Treasury to the War Department, upon that appropriation, five hun dred and seventy-five thousand, nine hundred and six dollars and fifty-seven cents. And that the treasury has always been in readiness to make the requisite advances upou the request of the Secretary of War. It does not appear to the committee, in what raanner or to what araount these advancements have been disbursed, the accounts not being yet settled at the Treasury, nor Avas it possible, from the nature of the case, that they could, at this time, have received any conclusive or satisfactory information on that point. From the foregoing state of facts, the committee suggests the fol- Correspondence, Addresses, Etc. 299 lowing as the principal causes, in their opinion, of the faUure of the late expedition under Major-General St. Clair : The delay in furnishing the materials and estimates for, and in passing the act for the protection of the frontiers, the time after the passing of which was hardly sufficient to complete aud discipline an army for such an expedition, during the summer months of the same year. The delays consequent upon the gross and various misraanage- ments and neglects in the quartermaster's and contractor's depart ments : the lateness of the season at which the expedition was undertaken, the green forage having been previously destroyed by the frost, so that a sufficiency of subsistence for the horses necessary for the army could not be procured. The want of discipline and experience in the troops. The committee conceive it but justice to the commander-in-chief, to say that, in their opinion, the failure of the late expedition can, in no respect, be imputed to his conduct, either at any time before or during the action ; but that, as his conduct, in all the prepara tory arrangements, was marked with peculiar abUity and zeal, so his conduct, during the action, furnished strong testimonies of his coolness and intrepidity.^ 1 The report of the coramittee was carried over by the adjournraent to the next session. On the 14th November, 1792, the Speaker laid before the House communications from the Secretary of War and Quartermaster Hodgdon, asking to be heard before the House in further explanation. An attempt was made by their partisans to bring the inquiry directly before the House, but, after debate, it was defeated, and the report and the communi cations of the Secretary and quartermaster were committed to a committee consisting of Mr. Fitzsimmons, Mr. Giles, Mr. Steele, Mr. Clarke, and Mv. Findley. A notification was sent to General St. Clair, then at a consider able distance, to attend, and upon his arrival, the committee would have pro ceeded to the examination, but tho Secretary of War, although he had re quested to be heard at the bar of the House more than a month prior to that time, and when, it must be supposed, he was fully prepared, Avas not ready; nor was it until very near the end of the session again, though repeatedly called upon by the committee, that his communications in writing, and those of the quartermaster were given in, and new documents and witnesses ad duced. In consequence, only three days were allowed General St. Clair to review the bulky documents of the Secretary and quarterraaster — a task which he accomplished in a very thorough and masterly raanner. His "ob servations " on the statements of the Secretary and quartermaster fill sev- entj'-one printed pages, and are, in all respects, a complete exposure of the sophistry of the accused officers by Avhich they sought to exculpate them selves from the charge of neglect in the campaign of 1791— a neglect that was, in a moral sense, criminal. The committee, after having exhausted all 300 The St. Clair Papers. Secretary Sargent to Judge Symmes. Cincinnati, May 10th, 1792. Sir: — I have received information this day that a considerable sources of information, brought iu a supplemental report, also unanimous, re affirming the original report in all essential points. Some technical raistakes coraraitted in the first were corrected, but the raain facts were reaffirraed and emphasized. In the extracts which I have given, notice is taken ofthe cor rections, so that thej' stand as the final report of the committee. This affair created great political commotion at the time, and led to ani mated debates and rauch newspaper and paraphlet writing of an ardent par tisan cast. Mr. John C. Hamilton, in his '-The Republic," has devoted almost a volume to a consideration of the Congressional action, and a de fense of his distinguished father. There would seem to be no reason for this efl'ort, as the amended report of the coramittee not only avoids any censure of Alexander Harailton, but bears testimony to his faithfulness to the pub lic interests in so far aa the Treasury Departraent was concerned. But the author of ''The Kepublic" imagined a political scheme adverse to the party of Alexander Hamilton in the appointment of the committee and the re fusal to hear the Secretary of War and Quartermaster Hodgdon viva voce, . and entered the lists to expose it and defend the Secretary of the Treasury, wheu no defense Avas required. In doing this, he distorts and misrepresents the facts, and exhibits a malignancj' of partisanship exceeding that he lays to the door of the majority of the House of Representatives. Tli,e delay in making the second report, for instance, he charges upon the committee, when tho truth is, as established by the written documents of record, that the delay was -ivholly at the request of the Secretary of War, Avho had no case. Only the Secretary of War could proflt by a delay. By procrastination, he might prevent a report being made to the House during that (the second) session. If that could be done, there was an end to the business, as there would be nothing for a new Congress to act upon, and another inquiry was not probable. To political malignity, he adds ingratitude ofthe basest kind. He misrepresents the action and report of St. Clair, and attempts to blacken his memory — a return for benefits received by his family of a character so infamous as to be condemned of all good men. Was it for this the noble St. Clair stood between tho author's grandfather and nn excited public iu 1777? While conderaning this return of evil for good in a descendant, it is pleasant to refiect that Philip Schuyler was deeply grateful, and testified to others his appreciation of the magnanimity of St. Clair. That Alexander Hamilton did not connect St, Clair with any political opposition to himself, or entertain tho samo mistaken opinion of the unfortunate campaign of 1791, is proved by an uninterrupted friendlj' intercourse and political co operation extending during St. Clair's administration in the Western Terri tory. While the Secretary of the Treasury stood relieved of any responsibility for the misfortunes of the campaign of 1791, tho entire responsibility was fastened upon the War Department, The testiraony is conclusive and per- Correspondence, Addresses, Etc. 301 body of armed men have entered this Territory by the way of your settlement, for the purpose of offensive war iagainst the savages — a measure extremely cruel, as it may affect our messengers among them, and in a supreme degree criminal to the present pacific in tentions and pursuits of the United States. I trust, sir, that no countenance or comfort has been afforded to this party by any of the good people of the Territory; but upon this subject, I beg you to cause an immediate ample investigation, and transmit me information by the earliest opportunity, as also au account of the principal characters in the expedition, the motives upon which it has been undertaken, all the objects of it, and whether it appears to have been authorized or not by any persons of distinc tion in Kentucky, as far as shall come to your knowledge by most accurate inquiry. For all those circumstances it is my duty to lay before the sovereign authority of America as immediately as possi ble. I have not myself received any instructions to prevent offensive war against the Indians, but the commandant of the regular troops has, whicb being communicated by him to me, produced the orders of tbe 7th ult. to the mUitia, for I conceived it mine, and the duty of every public servant, to yield implicit acquiescence in, and to endeavor to promote the intentions of government. fectly overwhelming. Not only was there neglect in supplying and prop erly equipping the army proraised, but the movemerit forward into the Indian country after the forage had been cut off, and the failure of the contractors to supply necessaries for the subsistence of the troops, was made in obedi ence to the orders of the Secretary of War. The infatuation which led General ICnox to confide in Mr. Hodgdon is unaccountable on the grounds of experience and prudence. But his responsibility for him is unquestion able. Read the following paragraphs from his lotters: Gerieral Knox to General Butler, Juno 23d: "I am satisfied that Mr. Hodgdon will answer the puWio expectation as quartermaster, and that by his actual supplies, credit, and resources, there will not be a deficiency of any sort or kind.'' July 7th, General Knox to General Butler: "I ara highly satisfied that Mr. Hodgdon meets your approbation. I am persuaded, from long experi ence of him, that he will amply fulfill the expectations formed of him." October SOth, Quartermaster Hodgdon to General St. Clair: "I have to inclose you further correspondence relative to the supply of provisions, by which I trust you will conclude with me that the prospect is favorable that I. shall succeed in supplying the array as I proposed, viz : to have eight days' rations beforehand." And yet Quartermaster Hodgdon failed in every respect. He deserved to bo court-martialed, tried, condemned, and executed. Tet, after a full ex- po-ition of his criminal neglect, he was continued at the head ofthe depart ment for years. 302 The St. Clair Papers. I wish, sir, you had given me notice of this movement, aud in season to have prevented it, and of all similar designs which you may be made acquainted Avith, I beg to be informed as soon as possible. Statement by John Strother. Mr. John Strother says that being in the settlements, near the Cherokee Nation, he was informed by Bartholomew McGea, Samuel Henry, and a Mr. EA'ans, that from the accounts of the Cherokees, some of them were in the action on the 4th day of November, 1791 ; particularly one of them said he had two brothers in it ; that they stated the nuraber killed of our army at 672 ; that some of the Northern Indians carae directly to the Cherokee towns frora the battle, and had informed them that more Indians had been killed than whites, but that Avas not to be Avondered at, as they were so much more numerous ; that of some of the nations from the lakes, out of a party of seventy, led by one of their kings, the king and thirty were killed ; that in the course of the last sumraer, while he was in the Chickasaw Nation, three hundred Creeks had passed the Tennessee River with the design to break up the settlements at the Mussel Shoals, and finding nobody there, had proceeded northerly, and were supposed to have joined the Northern Indians. Rufus Putnam to General Knox. Fort Washington, July 8, 1792. Sir : — My letter to you of the 5th instant I gave into the hands of Mr. Vigo, at this place, who has gone doAvn to the Rapids with an intent to proceed immediately to Philadelphia by the way of Lexington. The more I reflect on the subject the more I am conArinced it will be best to proceed Avith the Indians on the Wabash, and others in that quarter, in the manner I have recommended in my letter above referred to, and as far as possible detach them from the councUs and influence of other Indians. But I think it will not be necessary, and perhaps not proper to stipulate an annual allowance of goods to be delivered to them until a purchase of land be made, which I con ceive ought not to be done (unless the proposition of selling be made by them), until the contest Avith the ShaAvanese and other hcstUe nations is determined. For this is the argument made use of by Correspondence, Addresses, Etc. 803 our enemies, and the only one that prevailed with the Chippewas and many other tribes to join in the war, and Avhich is continually urged on the Western Indians as a motive to join the confederacy, viz : " The Americans are after your lands, and mean to take thera from you and drive you out of the country." I am inforraed from good authority that when the Delawares, Wyandots, and Shawanese first invited the ChippcAvas and other tribes to join in the Avar, they ansAvered: "For Avhy should we go to war? We have no quarrel Avith the Americans. When our father (meaning the King of Great Britain), was at war, and called on us to join him against a set of rebellious children, avc did so, but our father has now made peace Avith those children, and there is now no reason why Ave should go to war against them ; it will be enough for us to go against the Americans Avhen our father calls on us again ; but you,'' continued the ChippeAvas, "are alAA'ays quarreling Avith your neighbors ; it Avould be better for you to be at peace." To this the Delawares, etc. , replied: " That the Thirteen Fires Avere endeavoring to take their lands from them, that they chal lenged the Avhole country as their OAvn, that the Thirteen Fires had marked out to them a small tract for hunting ground, on Avhich they could not live." " Well," say the Chippewas, " Avhat is that to us ; the Americans have done us no harm, and Avhy should we fight for your lands? You may fight for yourselves for them and defend your country. There is reason that you should ; but Ave shall get nothing by it, if avc join in the war ; it is better that Ave mind our business and live in peace." To this the DelaAvares could find no answer, until a British emissary Avhispered in their ear: "Tell them that Avhen the Americans have conquered you, and got pos session of your lands, they wUl then take theirs also, for that is their intention, and they never will rest until they have got the whole country." "Is that the case," replied the ChlppcAvas and other nations; "then Ave avIU fight, too;" and immediately agreed to as sist in defending the country against the encroachments of the Americans. I have been the more particular in relating the anecdote (which is a fact and may be relied on), because it shows the reason' why so many nations are drawn into the war against us. That it must be something more than merely the influence of British emissaries, may be fairly argued from there being a greater number engaged in the present contest than the British Govern ment, with all their arts and money, Avere able to persuade to en gage in their service (in the western quarter) during the late war ; 304 The St. Clair Papers. and what can be their motive but the fear of losing their lands, or, in other words, that the Americans intend to take their lands from them without their consent, whenever they think proper, agreeably to the doctrine of the treaties at Fort Mcintosh and the Big Miami. It is, therefore, in ray opinion, indispensably necessary to convince the western Indians as soon as possible that these suggestions are false ; and since they are not willing at present to corae to Phila delphia, or even to Fort Washington, they should be treated with at Vincennes as soon as possible. In confident expectation that a com mission will be forAvarded as soon as may be, empowering Major Hamtramck, or some other person, to hold a treaty at Vincennes, agreeably to the stipulation he has made for that purpose, a part of the Indian goods here will, with the prisoners, be forwarded to Fort Knox. Yesterday, a canoe going up the Ohio, with two men, a Avoman and a boy, was attacked by the Indians, one of the men was killed, the other wounded, the boy taken, and the AVoraan escaped unhurt. This is another circumstance against my hearing from Hendrick in the Avay proposed, and Avith some conclusive evidence that the grand council is broken up with a determination of con tinuing the war ; but I doubt this, for there has not been time for the chiefs that were at Philadelphia to council at Buffalo Creek and arrive at the Tawa River by this time, and I do not believe that the council would break up before their arrival and those from Canada, as no doubt they had information that they were coming. I am de termined to send another speech to the belligerent tribes, if I can persuade some of the Wabash Indians to carry it, and engage to bring back an answer. I have several reasons for making this at tempt. First, if some bad men have murdered our messengers hav ing the President's speech, although the speech may be carried to the council, they may not consider it as properly coming before them, and the chiefs may be in doubt whether we will now receive a messenger from them or not; the arrival of a new speech will, I think, remove this doubt, although I mention nothing of the rumor I have heard. Besides, by a messenger of this sort I expect to as certain the fact whether our messengers are murdered or not, and also reduce the matter to a certainty whether they will let me speak to them or not. I propose remaining here for the present, as it is uncertain whether any flag will arrive from the enemy, or at what post they may come in, and should Captain Hendrick arrive at Fort Jefferson, as proposed, I shall have notice of it in thirty-six hours. But sup pose that after all rational raeans are used to accommodate this Correspondence, Addresses, Etc. 305' business by treaty, we fail in the attempt, and that a continuance of the war is inevitable? Pardon me, sir, if I, unasked, offer a few sentiments on the subject. Mr. Hutchins and others have said a great deal about the fine navigation of the Alleghany River and French Creek, the Big Beaver, the Cuyahoga, the Scioto and Sandusky, Avith the Wabash and Tawa Rivers, or the Miami of the Lake. And it is true they are all very fine rivers, and at certain seasons many of them afford plenty of water to float craft of very considerable burden for a great distance. But the fact is, that not one of them will serve any valuable purpose for transporting by Avater the baggage, stores and provisions of an army for any considerable distance, tOAvard any object Avhere Government can possibly mean to point their force in any offensiA'e operation ; even the Ohio, at some seasons, is difficult,, if not quite impassable, in some parts ; therefore, all considerable movements of an army between the Ohio and Lake Erie should be calculated by land. You avUI permit me to speak freely, and I know you Avill not be offended ; my intention is to serve you by Avay of information, and I Avrite Avith the greatest deference. To establish a capital post at the Miami village, AA'ith a proper number of intermediate stations, sufficient to secure a communica tion from Fort Washington to that place, is undoubtedly an object to be persevered in, and I think if the business is conducted in a prudent manner, it may be eflected with two thousand men without any hazard. But to stop there Avill, by no means, induce the In dians to treat ; it will be provoking rather than distressing to them, nor will the frontiers receive any considerable protection thereby. My opinion is not to advance anwfurther in this quarter at present, but to make arrangements for carrying a line of stations frora the mouth of the Big Beaver Creek, on the Ohio, to the mouth of the Cuya hoga, on Lake Erie, where I Avould erect a strong post ; here I would build such watercraft as should be thought necessary to trans port the army. I intend to make use of this Avay into the Tawa River as far as the rapids (about fourteen miles), as to such place as should be found most convenient for establishing a post there ; for I will venture to paAvn my representation upon it if, from the over tures now making, the Indians are not brought to a treaty, they never Avill until you establish a post in tbe mouth of the TaAva River, and prevent the British agent,' or his emissaries and Indians any more counseUng together, or, in the Indian language, put out their councU fire in this place. This is the place where every year VOL. n — 20 306 The St. Clair Papers. the British agent distributes the annual presents to aU the nations, far and near, inhabiting the country south of Lake Erie and west ward beyond the Miarai village. While the array are employed in building the fort at Cuyahoga, provided they do not arrive before the spring, and preparing their watercraft, the Western army should proceed from Fort Jefferson, and, erecting proper stations by the Avay, establish themselves at the Miami village. The Indians, see ing two armies adA'ancing in opposite directions, Avill probably be confused in their councUs ; they avIU consider the country of the Wyandots, Delawares, and Shawanese lost; their aUies Avill most, if not all, AvithdraAV themseh'es, and the Delawares, etc., sue for peaci: or quit their country, or if that should not be the case, as they can never knoAV when your army avIU move nor Avhere it Avill strike, they never can prevent them from landing, and in a short time, by in trenching, secure themselves against ten times their nuraber ; and should they still be obstinate, yet will they not be able to prevent the two arraies from establishing a line of Communication from the mouth of the TaAva River to the post at the Miami village. The security that such an arrangement Avill give to all the coun try, which will be thereby evinced as Avell as to the Six Nations and the inhabitants on the Alleghany River, is very obvious. It has been the opinion of some that Ave should coraraunicate with Lake Erie by the Avay of Presque Isle, but I am by no means of that opinion, because the distance is much greater from Pittsburgh (or from any part of the Alleghany River to Avhich water carriage is ahvays certain) to Presque Isle than from the mouth of Big Bea ver to the mouth of Cuyahoga, and the country from Pittsburgh to Presque Isle is rauch worse to make a road. Indeed, from Big Bea ver to Cuyahoga the country is A'ery level, and, except about seven or eight railes, is very dry and good for a road, Avhile the other, for the greater part of the Avay, is bad hiUs, and for fifteen miles is very Avet ; besides, the distance from Presque Isle to the Tawa River is nearly double that from Cuyahoga. Moreover, if a post is made at Presque Isle there must be another at Cuyahoga, for such is the navigation of Lake Erie, especially for some distance west of Cuya hoga, that boats in their passage Avestward must always put into the mouth of that river and Avait a favorable tirae to pass the rocky shore, Avhich in Hutchins' map is marked thus, " X." On the Avest bank of the Cuyahoga is a rising ground or high bank, from whence the country about is commanded, as well as the entrance into the river, which is deep and navigable for vessels of considerable burden for several miles up. The route from the mouth of the Big Beaver, I Correspondence, Addresses, Etc. 307 expect, will be the best on the west side until we are two or perhaps three miles above Kishkushe, then the road will cross at a good ford, and, turning westward, will cross the creek twice more ; then, leav ing the creek a little above Salt Springs, it avIU cross the Cuyahoga about ten miles from its mouth, and pass down on the Avest side ; at all the crossings are good fords unless the Avater should be uncommonly high. The nuinber of intermediate stations will depend on the dis tance they are from each other. AUoAving twenty miles to be a proper distance, then four only avUI be required. I beUeve this to be the nearest and best route by Avhich a communication can be opened betAveen the Ohio River and Lake Erie, without having regard to water navigation, which [will disappoint] Avhoever depends on it ; al though I doubt not that, at some seasons, considerable advantages may be derived from Avater carriage on most of the rivers I have mentioned, and the Big Beaver and Cuyahoga may sometimes be made a good use of in this way. The facts I have mentioned in this statement I have from a man of judgment and undoubted veracity, who has had full opportunity to examine the country, not only on the route from Big Beaver to Cuyahoga, but has also traveled by many different roads from Pittsburgh to Sandusky and Detroit, re sided ten years among the DelaAvares, is fully acquainted with all the streams that make a part of the Muskingum River, as Avell as the southern shore of Lake Erie, and all the streams that fall into it between Cuyahoga and Detroit. In sorae parts of this route the country is open, in other parts are thickets of brush to be cut out, but the principal difficulty is a SAvamp and Avet ground for seven or eight iniles, the greatest part of which must be causewayed ; but I am told that lumber is plenty and handy, and if so, one man wUl easily make one perch per day, and alloAving six hundred and forty men may be Avell employed at the Avork, they will make this part of the road in four days ; hoAvever, if it should happen to be a dry fall, it •is doubtful if one fourth part ofthe distance mentioned Avill require bridging in the first movement of the army. When I speak of making a good road I mean a Avagon road ; there is noAV a pack- horse path the AA'hole distance, Avhich has been used by traders and war parties. By this route all kinds of provisions, except beef from Kentucky, can be transported to the Miami village cheaper than through any other channel, and from thence conveyed doAvn the Wabash, or toward Lake Michigan, and into the upper part of the lUinois country, to supply any garrisons which the Government may think proper to estabUsh in that quarter for the protection of the friendly tribes, and the security of our trade Avith them ; to this 308 The St. aair Papers. may be added the supply of the post at Detroit, Avhenever we shall be in possession of it. If the proposition should meet with approbation, raeasures for carrying it into execution can not be too soon adopted ; for, although the season Avill be too far advanced before the event of the present overtures noAV making to the enemy is known, to admit of any of fensive operations of consequence in this quarter, yet 1 conceive it will not be the case with respect to the plan I have proposed. I can see no objection against making an establishment at the Big Beaver (Avhere Ave have long had a sraall post), even Avhile our ne gotiations are pending. Under this idea, I Avould then propose that the troops intended for the service, as fast as they arrive at Pittsburgh, should be sent doAvn to that place ; that the Avork there be rejsalred and extended in a proper raanner, and raagazines of provisions, forage, etc., etc., etc., be collected for the expedition. This can not, probably, be com pleted and the Avhole ready to move before October, and before that time, I trust, it avUI be known Avhether Ave are to have a treaty with these fellows or not ; if they shall agree to a treaty, it is probable they Avill be as willing to hold it somcAvhere on the Big Beaver, or at the mouth of Cuyahoga, as at any other place, and in that case they can have no objection to a road being made to transport the goods to Cuyahoga. At all CA'ents, Avhenever Ave raake peace with thera, and Avhatever Ave relinquish in other respects, Ave must insist on establishing ourselves at Cuyahoga, for the purpose of supplying- thera Avith goods to be delivered there, or further westward, so that the work jiroposed at the Big Beaver avIU not be lost, provided we corae to a treaty ; and, if we are to have no treaty, we shall be ready to execute the plan by force. And, in that ease, if Ave are ready to raove by the 1st of October, I think we may safely ven ture on the expedition ; for, alloAving sixteen days to erect the four intermediate stations, four to make the causeway, and that Ave cut our road and march five miles a day, Ave shall reach Cuyahoga in forty days ; but, I have no doubt, Ave shall be able to reach Cuya hoga in half that time. About the tirae intended for the army leaA'ing the post at Big Beaver, the enemy may be raenaced from this quarter ; and, as they Avill not be alarmed at seeing you jjosted at Big Beaver, the army will probably reach Cuyahoga before the eneray can possibly be in a situation to oppose thera ; at the sarae time, a body of volunteer militia might be encouraged to advance on Crawford's route toAvard Sandusky. The measure, I believe, will be very popular with the people of Correspondence, Addresses, Etc. 309 •Ohio county, and all the western part of Pennsylvania, vvhich avUI greatly facUitate the business. Forage for any number of horses may be brought to this place Avith little expense, and if the nuraber of regular troops which may be raised by the time and spared for the purpose should be thought insufficient, I have no doubt but an ample number of good riflemen, who live within three days' march of the spot, would voluntarily engage in the expedition. On the whole, I have no doubt we may, Avithout any unreasonable hazard, establish ourselves at Cuyahoga by the setting in of Avinter, and that, by the 1st of May, if not before, a sufficient number of boats may be built for transporting the army into the Ome or TaAva River. But, should the fall season prove unfavorable, or any other unforeseen accident prevent our advancing to the Cuyahoga this winter, yet, if we cau make our way good a part of the distance only, I think the object ought to be pursued, as Ave shall be enabled thereby to commence our operations next year much earlier. Be sides, I think this is the best mode of carrying on the Avar ; the sooner Ave show ourselves on the shore of Lake Erie the better ; such an appearance will be a conviction to the Indians that many things which have been told them are false ; and, finding they have been imposed on in some things, they will doubt the rest. As to Assembling at Public Worship Without Arms. Cincinnati, 18th September, 1792. "The practice of assembling for public Avorship Avithout arms, may be attended with most serious and melancholy consequences. It presents the opportunity to an enemy of the smallest degree of enterprise to effect such fatal impression upon our infant settlement as posterity might long in vain lament. " The laws of the Territory have Avisely provided that every man enrolled in the militia shall, upon those occasions, arm and equip himself as though he Avere marching to engage the enemy, or in de fault that he shall be fined in the sura of one bundred cents, to be levied upon complaint made to any justice of the peace." Although it is incumbent upon every good citizen to represent all violations of this laAV which shaU come to his knowledge, yet it is more immediately the province of the mUitia officers. They wiU, therefore, each and every one of them, from and after the publica tion of this order, consider it their indispensable duty to take cog- nizance of all persons enrolled in the mUitia who shall assemble for 310 The St. aair Papers. public worship (within their observation or knowledge), deficient in the arras or accouterments required by law, and make report thereof upon oath to a justice of the peace, as soon as may be after such- default shall happen. Winthrop Sargent, Commanding the militia in the absence of the Governor. General Wilkinson to Governor St. Claek. Fort Washington, November 1th, 1792. My Dear Sir: — It was my purpose never to have written to you again, because of the contempt which you have shown to my corre spondence. The duty which I OAve to a friend, hoAvever, breaks in on ray intention. I beg leave to bespeak your good offices to Mr. Beryl Sebastian, of Kentucky, as he is weary of that country, and wishes to remove to this Territory. He is uoav one of the Supreme Judges of that State, but Avould prefer to be here with an inferior salary. A word to the wise — adieu. May you brave this gather ing storra^ successfully, prays your affectionate, etc. 'The year 1792 was one full of terror to the inhabitants of the Territory^ and the bordering counties of Pennsylvania and Virginia. The citizens withdrew into their strong places and kept watch as railitia for the protec tion of their frontiers. Such agricultural pursuits as Avere carried on re quired men with guns in their hands as well as axes and hoes. The official acts of the Government will be shown by consulting the manuscript records kept by Secretary Sargent: '¦ (1) OrFiciAL Recokds foe 1792. February llth. — The Secretary issued a proclamation setting forth provision in ordinance for new counties when Indian titles should be extinguished, claiming that the scattered nature of settlements in section between Little Miami and Scioto Eivers, did not justify erection of new county ; therefore added same to County of Hamilton. Boundaries as follows: " Beginning at the confluence of tlie Scioto with the Ohio River, and up the Scioto. River with the courses thereof to the upper part of the old lower Shawanee town upon the said river; thence by and with 'a line to be drawn due north to the Terri torial boundary line, and westerly along said line to the eastern boundary of the County of Knox, and down along the said eastern boundary of Knox County by a due south line to the standing stone forks of the Great Miami River, and with the said Miami to its confluenee of the Ohio River; thenee up the Ohio Eiver tothe place of beginning, shall constitute and be erected into the county, and continue to be known and styled the County of Hamilton, and the said County of Hamilton. shall have and enjoy all and singular, etc., etc. Secretary Saegent to Judge Symmes. Cincinnati, County of Hamilton, Ma-j/ 10, 1792. Sir: — I have received information this day that a considerable body of armed men have entered this Territory by th e way of your settlement, for the purpose of offensive- war against the savages — a measure of extreme cruelty, as it may aflfect our mes- Correspondence, Addresses, Etc. 311 Governor St. Clair to Judge Turner. Philadelphia, April 5, 1793. Sir: — ^Inclosed is the copy of a presentment of the grand jury for the District of Kaskaskia, in the county of St. Clair, which sengers amongst them, and in a supreme degree criminal to the present paciflc in tentions and pursuits ot the United States. I trust, sir, that no countenance or comfort has been aflforded to this party by any of the good people of tliis Territory; but upon this subject I beg you to cause an im mediate ample investigation, and transmit me information by tlie earliest oppor tunity: as also an account ot the principal characters in the expedition, tlie motives ¦upon which It lias been undertaken, all the objects of It, and whether it appears to have been authorized or not by any persons of distinction in Kentucky, as far as shall come to your knowledge by most accurate Inquiry, for all thosc circumstances it is my duty to lay before the sovereign authority of America as immediately as possible. July Sth. — ^New commission made out by the Secretary for the Court of Common Pleas of Knox County, specially naming therein Pier Gamelin, Louis Edellne, James Johnson, Luke Decker, and Paul Gamelin. Military Appointments for Knox County— Luke Decker, Captain, vice Edeline, re signed; Christopher AVyant, Lieutenant, mce Decker, promoted; Kichard Johnson, Ensign, vice AVyant, promoted; Piere Racine, Ensign, vice J. B. Myette, resigned; Tousaint Dubois, Ensign, vice J. B. St. Aubin, resigned. July 13th. — Abuer M. Dunn, Esq., appointed to act as attorney for the United States in Hamilton County. Samuel Swan appointed Clerk of Court vice Blanchard. July 2Gth. — A commission for the Court of Common Pleas of AA'asliington Couuty, specially naming therein Josepli Gilman, Jolm Gilbert Petit, Dudley AA'oodbridge, Eobert Oliver, and Daniel Loring. The power of administering oaths was conferred on Judges Gilman and Petit; and ou Henry A'anderburg iu Knox County. August 13th. — Commissioners appointed with jiower to license merchants, traders, and tavern-keepers : County of AVashington — Griffin Green, Return J. Meigs, and John Rome. County of Hamilton — AVilliam McMillan and John S. Gano. County of Knox— Francis Vigo and Henry A'anderburg. County of St. Clair— John Edgar and Antoine Gerardine. September 3d.— County Treasurers appointed: For Washington— John Stone. For Hamilton— Stephen AA'ood. For Knox— Paul Gamelin. For St. Clair— Philip Engel. Eobert Buntin, gentleman, was appointed CN^roner of Hamilton County. November 28th. Eeturn J. Meigs, Jr., was appointed United States Attorney for Washington County; and Thomas Goudy, gentleman. Ensign of First Eegiment of Hamilton County. Laws Passed in 1792. 1. Granting licenses to merchants, traders, and tavern-keepers. [Pub. August 1.] 2. Creating tlie oflftces of Treasurer-General of the Territory, and Treasurers for the counties. [Pub. August 1.] 3. Directing the manner in which money shall be raised and levied, to defray the charges which may arise within the several counties in the Territory. [Pub. August 1.] 4. For opening and regulating highwaj'S. [Pub. August 1.] 5. Directing the building and establisliing of a court-house, county jail, pillory, whipping-post, and stocks, in every county. [Pub. August 1 ] 6. For tho better regulation of prisons. [Pub. August 1.] ' 7. For tke disposition of strays. [Pub. Augusti.] The first paragraph of this act Is in the following words: " That the open woods and unclosed grounds within the Territory shall be taken and considered as the common pasture or herbage of the citizens thereof, saving to all persons their right of fencing." The aet made it unlawful for any person to take up any animal found iu this gen- 512 The St. Clair Papers. was sent to me by j\lr. Jefferson, a considerable time ago. Had I knoAvn that you were in town, it should have been communicated to you immediately on my receiving it, but I had been told that you were gone to the Territory, and so I informed Mr. Jefferson and the President at the time. The time for holding the Suprerae Court in one of the western counties is near at hand and there is not a judge in the Territory, Avhich may be attended Avith ill consequences. Will you, sir, be pleased to inform me Avhether or not you expect to be there in season for that purpose, and if you do, at what time you propose to set out ? Governor St. Clair to Edmund Eandolph. Cincinnati, County of Hamh.ton, May 9, 1793. Sir: — After a long detention, occasioned by extreme illness, from which I am far from being recoA'ered, and a passage of eighteen days from Pittsburgh, I reached this place on the 3d instant, and I have the satisfaction to inforra you that the difficulties Avhich existed with the Court of Common Pleas for this county have been gotten over, and that the court is noAV in session.^ It did require a little address to induce the appearance of a change of sentiraent in the judges of that court, and I ara happy it succeeded, because I was pre- eral pasture ground; aud authorized the taking up of any animal breaking into grounds fenced. 8. To repeal certain parts of an aet "creating the office of Clerk of the Legisla ture." [Pub. August!.] 9. Supplementary to a law regulating marriages. [Pub. August 1.] 10. To regulate the admission of attorneys. [Pub. .-iugust I.J 11. Empowering the Judge of Probate to appoint guardians to minors and others. [Pub. Augusti.-] 12. Prescribing forms of writs in civil causes, and directing the mode of proceed ing therein. [Pub. .1 ugust 1.] 13. Establishing and regulating the foes of the several ofiioers and other persons tlierein mentioui^d. [Pub. Augusti.] These laws were passed by Judges Symmes and Turner, nnd Secretary Sargent, during the absence of the Governor. No more laws were passed until in 1795, when thc Governor and the Judges met together and formally organized as a legislative body. 1 During the absence of the Governor, Secretary Sargent had issued new commissions to the county judges, to run during the pleasure of the Execu tive, whereas the original were '-during good behavior." The judges of Hamilton county refused to accept of their commissions, and continued to act under the old, which had been revoked. This led to confusion and much correspondence between the judges and the secretary. The reason given for the change was that original commissions had been issued by the Gov- nor before the adoption of laws establishing and regulating the courts. Correspondence, Addresses, Etc. 313 pared, if they persisted in holding the court under their first commis sion, a second one existing, to have sent them a supersedeas, Avhich would have stopped them, but not Avithout some confusion and dis content. Ea^cu that mild course, hoAvever, Avould not have been thought of could the bench have been filled Avith men of tolerable character and abilities, without the present incumbents. I say, the appearance of a change of sentiment, because they are far from being convinced that a commission Avithout liraitation as to time can be I'evoked for any cause but misbehavior in office. In a long con versation Avith them, to Avhich tAVO of thc attorneys and the gentle man Avho manages the public prosecution at their bar Avas intro duced, and to whom I had sent copies of the inclosed letter the evening before, I gave them my sentiments, unequivocally, that the commission they had received from me Avas iu fact a commission during pleasure ; that the commission which had been issued by Colonel Sargent floAved from a proper source, as in the absence of the Governor the Secretary is invested Avith all the poAvers of gov ernment ; that if they did not choose to accejst it, they .'ihould have ceased to act at all, for that his commission had virtually revoked the other, aud that all their proceedings since the date of it Avere nullities at best ; perhaps their sentiments Avere very different, and I had been informed that strong declarations Avere made that they never Avould hold or act under any such commission. I then in formed them that I had desired those gentlemen at their bar to attend, in order to give them their opinions, as friends to the court, upon some points I had possessed them of, and read the queries I had proposed to them.' They appeared AVell satisfied that the at torneys sliould give their opinions, and they Avere unanimous that a poAver to exist during good behavior could be granted by express words only, and could not be made out by inference, implication, or 'The queries were as follows: 1. Whether a power to exist during good behavior can be granted in any- other manner than by express woi'ds to that purpose? 2. Whether a power, granted without any limitation as to time or other condition, be not in itself a power during pleasure, and revocable at the Avill of the person granting said power, his heirs, executors, and administrators in comraon cases, and of his successors in office in public cases? and, 3. Whether a new commission for any office, issued either to the person or persons who hold the office at the time, or to others, is not, ipso facto, a re. vocation of the comrai.ssion under Avhich he or they are in possession, not withstanding the new commission may not contain any revocatory words, and does not superinduce the necessity of again taking the oaths of office, ¦supposing it to issue to the same persons before it can be acted under? 314 The St. Clair Papers. analogy, and that a power granted without liraitation as to time was- a poAver during pleasure, revocable at will ; but on the third query, they did not choose to hazard an opinion, because they considered it as a question of great delicacy, not in itself directly, but from the consequences it involved, in Avhich they Avere all personally inter ested. I then observed to the judges that I understood the gentle men of the bar did not care to say that the proceedings of the court for some time past Avere void. I was myself decidedly of opinion they were void ; but there was a Avay to heal all that had occurred to me, and it was extremely ray Avish to reraove every difficulty, and prevent any stop in the adrainistration of justice. A new com mission, in the original form, raight be raade out immediately; the oath of office might be taken before they left the room, and the court could go on, and when the legislature, AA'hich Avas called for the 1st of September, should raeet, an act, worded m such raanner as to save the feelings of every one, might be passed, that would give validity to all they had been doing. This proposal Avas com plied with ; the commission made out instantly ; they were sworn under it, or according to laAV, and adjourned from my quarters to the court-house, and all goes on smoothly so far. I have been thus particular that you raight have a full view of the afialr, Avhich had like to have created a great deal of trouble and confusion in all its stages, and at the sarae time to impress upon you the necessity of some jierson of competent abilities being appointed attorney-general of this Territory, a subject I have heretofore men tioned to several gentlemen in Congress, but without effect. A salary of three or four hundred dollars, Avith the prospect of private practice,. might bring such a person forAvard. I am not a lawyer, but should it happen that a Governor may have been bred to that profession, still I think he ought to have a responsible laAv counselor, and it is a misfortune that sorae of our judges (all of them, in fact) are in the sarae predicament with rayself Ea'cu Judge Symmes, though he has been upon the supreme bench in Jersey, was not, I believe, a professional man when called to it. Their opinion, however, right or wrong, raust have weight, and ought to be respected. I have some reason to think that the obstinacy (I call it so) of the inferior judges in this affair has been strengthened by an opinion of some of the superior judges, coiucident wdth their oavu, if it Avas not formed upon it. May I be perraitted to ask your opinion on the subject, either generally or on the questions I stated, as you think proper. If I have been right, it Avould be a great satisfaction to be so supported ; and if I have been Avrong, I shall very readily and Correspondence, Addresses, Etc. 315' cheerfully retract and acknowledge my error, and on the legislature, before whom the affair must be brought, it would have its proper effect. I take the liberty to inclose farther a copy of the sentence of the Supreme Couri in a case of murder, and the Avarrant for the execu tion of it (not by way of complaint, although I ani not altogether satisfied with it) , that you may know the manner in whicb matters of tbat high concern are transacted. The proceedings of the judge were no doubt conformable to those of the Commissioners of Oyer and Terminer, of jail delivery in England, in the coun try, but I believe it Avould be better that they Avere analogous to the stricter and more regular practice in the city of London, Avhere ex ecution is never done but Avith the consent of the King ; for if it be in the poAver of a judge to condemji and execute Avithout eA^en the knowledge of the Executive, all power of pardoning is taken aAvay, or may at least be defeated. There may, indeed, be a ques tion of doubt Avhether any poAver of pardoning exists in the Exec utive of this Territory. If it does not, it is a blemish in its consti tution; for, as at present, the judges being also the legislators, there is more danger than in almost any other supposable circumstances that judgment may be rendered rather according to the recollection of tbeir oavu intention as to the spirit of the laAvs at the time they were enacted than to the strict letter of them. For rayself, Avhere it is not expressly taken away, I believe the poAver of pardoning in herent in the first executive officer of every country, because he is the representative of the sovereignty of the people, and their organ for the exercise of that sovereignty in any country Avhere the Gov ernor may be at the time of conviction, until such conviction and sentence shall have been certified to him, in order that he may grant a reprieve or pardon. Should he deem it proper to carry it farther than to places Avhere the Governor actually is, it Avould be improper, in this extended country, where communication Avith the differ ent . parts is so difficult and tedious, and Avould occasion a delay between conviction and execution which would take off much of the effect of the punishment. As an example. I do not knoAV Avhether the laws passed in this Territory, during the last session of the legis lature, have yet been under the consideration of Congress. Some of them are very much complained of particularly the fee-bill, and the act for licensing retaUers of merchandise. As to the fee-bUl, I will endeavor to have it amended, but it is extremely doubtful Avhether I shall succeed or not ; and ifit is not amended it would, I believe, be proper that it should be disapproved of for, in the first place, the 310 The St. Clair Papers. fees alloAved to every important officer, as that of the Judge of Probate, for example, avIU not, I am informed, Avith extreme diU gence, pay thera at the rate of a comraon laborer, where they are eraployed ; and, in the second place, by affixing fees to certain services, as that of issuing blank Avrits, under seal, a legal counte nance, if not approbation, is given to a most raischievous practice. As I did not see those laAVS before my arrival in the Territory, I have not had time to glA'c them a careful perusal ; indeed, not to read thera all, but I shall do it, and in case they should appear to militate against either the interest of the United States or the peo ple of the Territory, if you will give me leave, I will submit to you my observations, and it is to you, I believe, that the laAvs are re ferred for consideration before they are laid before Congress. I have the honor to believe that the form had beeu chosen, and the Avords, during pleasure, left out raerely to render it more ac ceptable, as it would not call up the idea of their dependence on the Executive every time they looked at it, but with the full knowledge of its effect ; that during the teraporary governraent no coraraission during good behavior Avould be granted by the Governor, who, as the organ of the United States, was precisely in the same situation, and he could not convey to others powers of more extensive dura tion than he himself possessed. William St. Clair to Governor St. Claib. Kaskaskia, Ju-ne 2d, 1793. Sir: — I should be unAvilling, by Mr. Minard, to omit doing myself the honor of Avritlng your Excellency, though I have nothing of any great importance to communicate at this tirae. As to the hos tile Indians, we have been quieter these two years past than has been known for raany years before. Last spring, a man of the name of Whitesides Avas Avounded ; it is generally thought he will die of his Avound. The act Avas perpetrated by a single Indian, who Avas pursued and killed. The Indians have stolen a considerable nuraber of horses, but we may always expect that wUl be the case as long as any Indians live Avithin reach of the settlements. The moveraents of the Spaniards seera to indicate something of consequence in this quarter. All their militia are furnished with arms and ammunition, and some of their militia officers put in pay as in actual service. Ordnance and artillery come in almost every boat from Orleans, and troops are expected at this quarter. It is Correspondence, Addresses, Etc. 317 said that some new galleys are on their way to be stationed along the river. Our militia in this country is in a Avretched state, and no officer at the head of it has any desire, it Avould appear, to put it on a better footing. The men will not perform their duty unless there were a feAV soldiers in the country to enforce obedience. Colonel Tardiveau is gone to Orleans, and many other officers are wanting. Tbere has not been a review these eighteen months past, so that it would apjDear Ave have no organized government Avhatever. Our courts are in a deplorable state ; no order is kept in the interior, and many times not held. Prairie Du Rocher has had no court this sometime, and Kaskaskia has failed before. The magistrates, hoAv- ever, have taken upon themselves to set it going again. I think tbey will again fail. The prospect is gloomy.' Governor St. Claie to Alexander Hamilton. Cincinnati, County of Hamilton, Aug. 9th, ¥798. Dear Sir : — I have observed Avith pleasure the measures that have been pursued to make it more apparently the interest of the Avest ern counties '' to comply Avith the Excise Law. It Avas their real in terest before the opposition began Avith the distillers, Avho were in a combination against the people, but it has been fostered since by others, and for very bad purposes. To assist you the little that may be in my power, I wUl, if possible, procure a law at the next session of the legislature forbidding the importation of all ardent spirits into the Territory, the duties upon Avhich have not been either paid or secured ; and if I should faU in it, Congress, I suppose, avIU uot leave this country open as a market for those Avho choose to disobey their laAVS ; and I mention it to you, that you may think of it and put it in train if it meets your approbation. Indeed, Avere I to suc ceed, I should be glad even to see the laAV disapproved, and another enacted to the same purpose by Congress, for it is already time that 1 The remainder of this letter is of no special consequence, but I note the following statement in regard to prices : " Tour Excellency raay re member the extravagant prices of every article in this country. First, the article of clothing is at least six hundred per cent, above the price at Phil adelphia ; and, next, provisions are ten times higher than at any seaport in America,' as, for example, ilour per cwt. $0; pork per cwt. $20; beef, .'515..50; bacon, $30; coffee per lb. $1.50; sugar per lb. $1 ; molasses per gal. St." 2 Western counties of Pennsylvania, where the Avhisky insurrection oc curred. 318 The St. Clair Papers. this country should be kept in mind tbat we are not yet a part of the Union, but dependent upon it. I have heard that we are threatened with a war with Spain. I hope we shall not be involved with any of the European powers, for at present a war Avith one is nearly allied to a war Avith others, if not all ; but if the business Avere settled on the continent, and those cursed Indian wars at an end (of which I have little hope) to the western people it would be the most desirable thing possible. I have a letter from Kaskaskia of the 2d of June, which speaks of the Spaniards arming theraselves on the upper part of the Mississippi, and I have given an extract from it to the Secretary of War, which Avill be communicated to you should he think it of conse quence enough. The person is a respectable and intelligent man, and Avould not give me information he did not credit himself. When he resided at Detroit, I received much useful intelligence through hira. In compassion to a poor devil banished to another planet, tell me whatis doing in yours, if you can snatch a moraent from the weighty cares of your office. Whether you do so or uot, I shall always find myself deeply Interested in your fame and fortune. I pray you to make my best respects to Mrs. Hamilton, and with the best wishes I can possibly form, I ara truly and affectionately, etc. Governor St. Clair to Luke Decker. Cincinnati, Oct. 11, 1793. Sir : — I have again been considering the subject of slavery as it stands Avith us according to the Ordinance of Congress for the gov ernraent of the Territory, and I am more and more confirmed in the opinion which I expressed to you, viz : That the declaration that there shall be neither slavery nor in voluntary servitude iu the said Territory otherwise than in the pun ishment of crimes whereof the party shall haA'e been convicted, Avas no more than the declaration of a principle which was to govern the legislature in aU acts respecting that matter, and the courts of jus tice in their decisions upon cases arising after the date of the Ordi nance, which is the 13th day of July, 1787, but could have no retroactive operation whatever ; and the grounds upon which that opinion is founded are — that, in the first place, retroactive laAvs being generally unjust in their nature have ever been discountenanced in the United States, and in most of them are positively forbidden ; Correspondence, Addresses, Etc. 319 and that slaves being a species of property countenanced and pro tected in several of the States, and iu that part of the Territory Avhich you inhabit, by the ancient laws, and had been acquired un der those laws, Congress Avould not divest any person of that prop erty Avithout making him a compensation, though they doubtless had a right to determine that property of that kind afterAvards ac quired should not be protected in future, and that slaves imported into' the Territory after that declaration might reclaim their freedom. And this I take to be the true meaning and import of the clause of tbe Ordinance, and Avhen I Avas in the Illinois country I gave tbe people there my sentiments on this subject in the same manner, whicb made them easy. With equal justice might Congress declare aU the slaves in the Southern States to be free, without making the OAvners any satisfac tion, which I believe no person ever thought they had a right to do. But tbe sense of Congress is very Avell to be known on this subject, by what they have actually done, viz : by making it unlaAvful to import into any of the States any negroes after a certain specified time, and which is yet to come, so that if any person after the ar riA'al of that period should import a cargo of negroes, there is no doubt that they would all be free, while those that were in the country before remain in slavery according to the former laws. This I believe to be the true construction of the Ordinance, but I will endeavor to obtain the opinion of the judges upon the point, and transmit it for the satisfaction of the people. In the meantime, it will not be improper that they should be made acquainted with mine. Thomas Jefferson to Governor Shelby. Germantown, November 6, 1793. Sir : — I have received from the representative of Spain here, in formation of which tbe following is the substance : That on the 2d of October, four Frenchmen, of the name of LaChalse, Charles Delpeau, Mathurin and Signeux, set out in the stage from Philadel phia for Kentucky ; that they were authorized by the Minister of France bere to excite and engage as manyas they could, whether of our citizens or others, ou the road or within your government, or anyAvhere else, to undertake an expedition against the Spanish set tlements within our neighborhood, and in event to descend the Ohio and Mississippi and attack New Orleans, where they expected some naval co-operation ; that they were furnished with money for tbese 320 The St. Clair Papers. purposes, and AvIth blank commissions, to be filled at their discretion.. I inclo.3e you the description of these four persons, in the very words in Avhich it has been communicated to rae. HaA'ing laid this inforraation before the President of the United States, I have it in charge frora him to desire your particular atten tion to these persons, that they may not be permitted to excite within our territories, or carry from thence any hostilities into the territory of Spain. For this purpose, it is more desirable that those peaceable means of coercion should be used which have been pro vided by the laAvs, such as the binding to good behaA'ior these, or any other persons exciting or engaging in these unlawful enter prises, indicting thera, or resorting to such other legal process as those learned in the laAVS of your State may advise. Where these fail, or are inadequate, a suppression by the railitia of the State has been ordered and jDracticed iu other States. I hope that the citi zens of Kentucky will uot be decoyed into any participation in these illegal enterprises against the peace of their country by any effect they raay expect from them on the navigation of the Missis sippi. Their good sense avIU tell them that it is not to be affected by half measures of this kind, and that their surest dependence is on those regular measures Avhich are pursuing and will be pursued by the General Government, and Avhich flow from the united author ity of all the States. Governor St. Clair to Governor Shelby. Cincinnati, 7th November, 1793. Sir: — I have received pretty direct information, AvhIch I think necessary to communicate to you, that General Clarke has received a coraraission from the government of France, and is about to raise a body of men in Kentucky to attack the Spanish settleraents upon the Mississippi. Should a business of this kind be prosecuted, the nation Avould probably be Involved in very serious difficulty, as Avell as the country over which you have the honor immediately to preside. It would appear that sorae measures to counteract it should be taken iraraediately, more especially if it be true, Avhat report says, that a large sum of money, a payraaster, and a nuraber of French officers have arrived at the Falls of Ohio, and a number of boats for the expedition already actually laid down. There can be no doubt, a matter of this kind Avould not escape your vigilance, but as I got the account of it in a manner that Avould not, probably, reach Correspondence, Addresses, Etc. 321 you, I thought it a duty to give it over, which mu^c be my excuse for troubling you at this time. I am sorry, sir, that the first time I have occasion to write to you I am obliged to do it by another person. I am so iU as not to be able to Avrite at all. Governor St. Clair to the Secretary of War. [No date or pla,c6.'\ The letter you did me the honor to write me from Germantown on the 9th November, came to hand on the 2d instant. I had, some time ago, received information of an enterprise being intended against the Spanish settlements, to be conducted by General Clarke, from Kentucky, of which I gave information to the Secretary of State and to Governor Shelby, and recommended to the last to take some measures to prevent the execution of it. The Frenchmen you mention, I have heard, are in Kentucky ; and it is not improbable they may attempt to induce some of the inhabitants of the Illinois country, to prevent Avhich I have issued a proclamation requiring them to observe a strict neutrality toward Spain, and vsrarning them against the said Frenchmen. I must beg leave to observe, that Avhatever aspect the design may have assumed, it is impossible to prevent it by the militia of this GoA'ern ment, for the settlements are so distant from each other, and so weak in themselves, that the small numbers which could be collected would be inadequate, and most probably collected too late, if it was necessary. But I shall direct the civil and mUitary officers to use every means in their power to prevent any of the inhabitants from joining 'the said Frenchmen ; and, although I doubt not you have made the same communications to General Wayne which you have done to me, I shall transmit to him a copy of that part of your let ter in Avhich you desire me to request the assistance of the officer commanding the troops of the United States in the effectual sup. pression of the design, and shall suggest to him that it may be proper to order the officer commanding the horse which are now in Kentucky to furnish such assistance to Governor Shelby as he may require for that purpose. A proclamation.^ Whereas, a war at present exists in Europe between France, on the •Within a month after the proclamation of Governor St. Clair was issued, the following public notice from General George Kogers Clarke appeared, VOD. n. — 21 322 The St. Clair Papers. one part, and certain other powers on the other part, and although the and was printed in the same number ofthe "Centinel ofthe North-western Territory." Cincinnati, January 25, 1794. George R. Clarhe, Esq., Major-General in the army of France, and Commander- in-Chief of the French Revolutionary Legions on the Mississippi River : PROPOSALS For raising volunteers for the reduction of the Spanish posts on the Mis sissippi, for opening the trade ofthe said river, and giving freedom to ifsjn- habitants, etc. All persons serving the expedition to be entitled to one thousand acres of land; those that engage for one year Avill be entitled to two thousand acres; if they serve two years, or during the present war with France, they will have three thousand acres of any unappropriated land that may be con quered. The officers in proportion pay, etc., as other French troops. All lawful plunder will be equally divided, agreeably to the custora of Avar. All necessaries Avill be provided for the enterprise, and every precaution taken to cause the return of those Avho wish to quit the service, as comfortable as possible, and a reasonable number of days allowed them to return, at the expiration of which time, their pay will cease. All persons will be commis sioned agreeably to the nuraber of men they bring into the field. Those that serve the expedition will have their choice of receiving their lands or one dollar per day, G. E. Claek E. Despite his frequent and severe attapks of illness during 1793, Governor St. Clair was very attentive to the wants of the inhabitants of the Terri tory, and gave a great deal of time in aiding General Wayne to form his army for the final expedition against the warlike Indians. These move ments and negotiations for peace will be found described in Volume I, ch. vii. For details of official transactions, the student of history is referred to the manuscript records of the proceedings of the Governor of the Territory North-west of the Ohio.^ (11 Official Recokds, 179.3, January 30tli. — Lieutenant John AVallace promoted to captain, vice Ludlow, resigned. Celadon Symmes, ensign, vice Benham, resigned. Robert Buntin appointed captain, and James McConnel, lieutenant. Abner M. Dunn was appointed Register of Deeds for Hamilton County, vice AVil liam Burnet, removed from the Territory; and James Johnson, Treasurer of the County of Knox, vice Paul Gamelin, deceased. February 1st. — Benjamin Orcutt appointed lieutenant in the First regiment of Hamilton County, vice Newell, killed; and Ignatius Eoss, ensign, vice Miller. February 5th.— .A new commission for a Court of Common Plea.s, Hamilton County, was made out, specially naming therein AVilliam Goforth, WiUiam AA'ells, William McMillan, John S. Gano and Aaron Cadwell. This commission was refused by the Judges, who, on the 9th of February, returned it through Mr. Ludlow. The com mission had been made out to read, "During the pleasure of the Governor." Inthe letter returning it, tlie Judges said that they "would not stoop to tlie indignity of holding offlce the tenure of which is during pleasure," and that they preferred the commissions of Justices of the Peace to the first seat in government " during pleas ure." Secretary Sargent replied at length, saying that the tenure in the commission Correspondence, Addresses, Etc. 323 United States are allied to France, yet they are not parties in this was the same as in commission of the Governor and his own, namely, during the pleasure of the President; and that they had only two options, either to acceptor reject the commission. The judges did neither; they continued to carry on the court under the original commission issued by Governor St. Clair. Such a commo tion was created by this, and by the difficulties between Secretary Sargent and Judges Symmes and Turner, that Governor St. Clair hastened back to his govern ment to quell the storm. How he effected it, will be shown by the correspondence above. June 18th.— A proclamation was issued proliibiting the cutting or carrying away of timber on Government lands. On same day, George Gordon was appointed Cor oner, vice Buntin, resigned. July 3d.— James Barrett was appointed Justice of the Peace. July 23d.— The Judges ol Knox County were called on to enforce the law prohibit ing the sale of intoxicating liquors to Indians. Henry Vanderburgh, J. F. Vigo and Eobert Buntin were appointed a, committee to take charge of the business, and to supply Indians visiting Vincennes such quantity of spirits as should seem to them proper. July 23d.— Ezra Freeman was appointed United St.ates Attorney for Hamilton County, vice Dunn, resigned, July 26th. — Governor St. Clair, who had returned to the Territory, issued the fol lowing Proclamation: Whereas, The circumstances of the Territory require a meeting of the Legislature at as early a period as conveniently may be, I have thought proper to issue this, my proclamation, requiring the Legislature of the said Territory to meet at the town of Cincinnati, in the County ot Hamilton, on the first day of September next ensuing, of which the members respectively are hereby directed to take notice, and govern themselves accordingly. Given under the hand and seal of the Governor, at Marietta, the 2oth day of July, 1793. August 6tli. — The Governor, having adjusted the difficulty with the Judges of Ham ilton County, re-commlssioned them. Augu.st 9th.— Absolum Martin appointed Justice of tlie Peace for Washington County, and Winthrop Sargent was authorized to administer the oath to all officers prescribed by act of United States. August llth. — Nathaniel Massie was appointed Justice of the Peace for Hamilton County. September liQi.— Public Notice by the Governor: The Commander-in-Chief [General Anthony AA'ayne] of the army, having communicated the information by him re ceived, viz; that the negotiations with the hostile Indians, for the purpose of estab lishing peace, were broken off without that purpose being effected. The Governor has thought proper to notify the same to the inhabitants, that they may be upon their guard against auy attempt whieh may be made upon them bythe said Indians; and the militia officers .are directed to be diligent and exact in fulfilling the duties required by law, and to attend, in a particular manner, to the inspection ot the arms and accouterments of tiie respective companies. September 19th.— John Stites Gano was appointed prothonotary of the Court of Common Pleas and clerk of tlie Court of General Quarter-Sessions of the peace for Hamilton County, vice Samuel Swan, deceased. September 21st.— The Governor issued aproclamation, setting Wednesday, the 2.3th inst., apart to be'observed as a day of fasting and prayer, imploring the aid and blessin" of Divine Providence with the army of the United States, about to march against the hostile tribes of Indians. October 1st.— John Armstrong, of Columbia, appointed Justice of the Peace of Hamilton County. October 10th.— John AVestfall, Coroner of Knox County, vice Christopher Wyant, and Christopher Wyant, Sheriff, vice John Small, resigned. Robert Buntin, gentle man Eegister and Notary Public for same county, vice John Mills, removed. The Governor Issued a proclamation that authority had been given to Luke Decker 324 The St. Clair Papers. war, but are at peace with the other powers, and particularly with Spain, from which political situation results by the laws of nations, the duties of an exact neutrality and a conduct perfectly equal and irapartial toAvards all the belligerent powers, the observation of which neutrality has been enjoined gpon the citizens of the United States by the President, in his proclamation ofthe 22d April, 1793. And it having been coramunicated to me through the Secretary of War, that the representatives of Spain have made representations to him of the designs of certain Frenchmen by the naraes of La- Chaise, Charles Delpeau, Mathurin and Signeux, to excite and engage as many as they coald, whether your citizens or others, to undertake an expedition against the Spanish settlements Avithin our neighborhood, I have thought fit to issue this Proclaraation, requiring all the in habitants of the Territory of the United States north-west of the Ohio, and they are hereby required and commanded to observe a strict neutrality towards Spain, to abstain from every hostility against the subjects or settlements of that crown, and forbidding all and every of the said inhabitants to join themselvea to the said La- Chaise, Charles Delpeau, Mathurin and Signeux, or either of them in any attempt they raay raeditate against the Spanish settleraents on the Mississippi, or to aid or abet them in the same in any manner what ever ; and all persons who may offend may depend upon being prose cuted and punished with the utmost rigor of the laAv. And I do hereby require and command all officers, civil and military, to use their utmost endeavors to prevent the said LaChaise, Delpeau, Mathurin and Signeux, or either, frora raaking any levies of men, or other preparation Avithin the Territory, and to imprison them should they have the audacity to atterapt it, and to restrain all and every of the inhabitants from joining themselves to them or either of them. tu administer oaths, as prescribed in the Act of Congress, to the Sheriff and Coroner of Knox County. October 19th.— John Green appointed Captain of the First Regiment of Hamilton County, vice Eobert Buntin, removed to Vincennes. Davies C. Orcutt, Lieutenant and Adjutant, vice McConnel, resigned. Samuel Creigh, Ensign; John Sohooly, Ensign; Stephen Eeeder, Lieutenant, vice Vance, re moved, and James I.you, a lieutenant. October28th.— John Armstrong appointed Judge ot the Court of Common Pleas. October 29th. — Thc Governor directed Lieutenant-Colonel Spencerto mount patrols in Cincinnati, Columbia and North Bend every night to protect the inhabitants from surprise from Indians, of which the people were apprehensive, while General Wayne's army was moving into the Indian country. November 13th.— John Mercer, Esq., appointed Justice ot the Peace of Hamilton County. December 7th.— The Governor issued u, proclamation commanding a strict neu trality to be observed towards the crown of Spain, and other powers not at war with the United States. Correspondence, Addresses, Etc. 32.5 In testimony whereof, I have caused the seal of the Territory to be affixed to these presents, and signed the same Avith ray hand. Done at the city of Marietta, in the county of Washington, the 7th day of December, 1793, and of the Independence of the United States the eighteenth year. Arthur St. Clair. Judge Turner to Govi^rnor St. Clair. Vincennes, Jun^ Mih, 1794. Sir : — I had not been long here before I discovered that some abuses had taken place through the artifices of certain individuals, one of whom is Henry Vanderburgh, Esquire, judge of probate and a justice of the peace; another is Captain Abner Prior, of the army. As it is my determination to impeach Vanderburgh before the Territorial Legislature, I mention it here, lest the party accused should try to elude the punishment that may aAvait him in case of conviction, by offering your Excellency his commission as judge of probate. I pledge myself to produce satisfactory proofs of his guilt. With respect to Captain Prior, I must observe that, for some time past, he has acted an extraordinary part. He terms himself agent for Indian affairs on the Wabash, and assumes poAvers that may interfere AvIth those which belong to the Superintendent of In dian affairs. This assumed agency has, I conceive, been exercised in a manner derogatory to the dignity and prejudicial to the inter ests of the United States. It appears, in short, to have been hitherto a system of job-making for the sole benefit of Vanderburgh and Prior. The inclosed papers may throw some light on the matter. In addition to Avhat I have alread}' observed, it may not be im proper to mention that certain persons here have lately been guilty of a violent outrage against the laws. They were employed by Vanderburgh to seize and forcibly carry aAvay tAVo negroes, a man and his wife, who are free by the Constitution of the Territory, and who, being held by him as slaves, has applied to me for the Avrit of habeas corpus, [out] in affirmance of their freedom. The outrage was accompanied Avith some acts of cruelty toAvard the unfortunate blacks. I have caused several of the offenders to be apprehended, but others of them Avere encouraged by Vanderburgh to resist the execution of process, and in one instance this was actually done by 326 The St. Clair Papers. draAving a linife upon the sheriff. Such of the offenders, however, as Avere not taken have since surrendered themselves, and, full of contrition for their misconduct, have amply exposed the machina tions of Judge Vanderburgh in this nefarious business, and who noAV appears to have been the instigator of the resistance that was made. There is reason to believe that Prior was privy to and aid ing in this transaction. The very long absence of Mr. Samuel Baird, prothonotary and clerk for this county, has been represented to me by the magistrates . as a great grievance. His brother was, it seems, deputed to act for hira, but has delegated his duties to Vanderburgh, and in this there is certainly an impropriety, for the latter is a magistrate. Besides, he has committed frequent abuses, as acting prothonotary, by issuing blank Avrits, Avhich the plaintiffs are left to fill up in Avhat manner they please, and there is no legal character here to advise them how to do it. The French inhabitants, I mean such of them as yet hold their land rights, for by far the greater part, having neither patience nor, as they say, rauch confidence left in the promise of Government, have sold their rights for little or nothing — such in habitants, I say, express the greatest anxiety to see Mr. Baird, or some other surveyor, in order that their respective lands may be laid off and ascertained. For the Avant of this, numbers M the poor people are obliged to rent the soil of their neighbors. Governor St. Clair to the Secretary of State. [Without place or date'], 1794. Sir : — I am sorry to see, from the public papers, that the French Minister has been the occasion of uneasinesses in the Atlantic States, and I think it my duty to apprise you that, frora information I have received, it is probable his machinations are not confined to those States, but extend to this country also. The report, as I have it, is that he has made propositions to General Clarke to raise a body of men in Kentucky, and attack the Spanish settlements in Louisiana, and that, as soon as he was able, two ships of the line and three frigates should be sent into the Mississippi to co-operate with him, and that he (the Minister) counted upon the general rising of the French inhabitants. The coraraunications between the Minis ter and General Clarke pass, it is said, through a Mr. Micheau, at Lexington, a person who gives out that he is employed by you to Correspondence, Addresses, Etc. 327 gather materials for a natural history of this country. It is farther stated that General Clarke has come into the project, provided two thousand dollars are advanced him, of which Mr. Micheau has glA'cn him assurances. I think that circumstances and the state of the public mind are such as to enable any agent Mr. Genet may have in tliat part of the country to consummate a scheme of invasion. There would be no lack of leaders. The naA'igation of the Mississippi which the people so ardently pant for, and AvhIch they are very little prepared to avail themselves of, even if it Avere free, Avould seem to be Avithin grasp, and they Avill shut their eyes to the difficulties until too late to draAV back, and the mischief to the whole country be done. General Wayne marched from hence this day Aveek, and had the finest Aveather one ever saAV ; not a drop of rain, and no frost as yet. It is reported that the Indians are assem bled about a thousand strong near the same place Avhere they met me. There is every reason to hope that he avIU give a good account of them, and that peace raay be restored upon good terms, for which I do most fervently and sincerely pray. Secretary Sargent to Captain Pierce. Cincinnati, September 8th, 1794. — 6 o'clock p. m. Sir: — Since I parted from you I have too sufficient reason to be lieve that attempts may, indeed, will be made upon the lives of the ChoctaAV Indians this night ; and, although I have ordered out a mUitia guard, and shall make every possible exertion to prevent mischief, it appears to me that it can not be done unless you take the Indians into the fort immediately. I, therefore, presume thus, in writing, to reiterate my advice, and stand exculpated under all possible circumstances.' / 1 The following militia order was also issued: Twenty privates from the militia, with the due complement of non-com missioned officers, to be paraded immediately, at JMr. Cutter's, near the church-yard. Major Gano will coraraand this party, and raake such dis positions as shall seem best calculated to establish and preserve order at Cincinnati, and afford protection to the Choctaw Indians. Colonel Sargent, with the civil officers of the town, and some private gentlemen, will reinforce this guard at an early hour. WiNTHKOP Sargent, Commanding the Militia. The lawlessness of the mob in Cincinnati was certainly very great, for 328 The St. aair Papers. Secretary Sargent to Judge McMillan. Cincinnati, Sept. 8th, 1794. — 4 o'clock, p. m. Sir : — It has been represented to me that great violence has been committed upon a party of Choctaw Indians under the protection of the laAVS of the Territory, by a number of men of the town of Cin cinnati, armed Avith clubs, etc. I wish you, immediately upon receipt of this, to pursue the most prompt, necessary, and legal measures to correct and prevent the reiteration of such outrages, for the lives, not only of the said In dians, but of some of the inhabitants also, raay be sacrificed by delay. I raention to you the name of a Mr. Hopkins for particular in formation in this unfortunate affair.' not only were the friendly Indians assailed with clubs and stones and guns, but two balls were tired into the dwelling of Secretary Sargent, and for sev eral nights violence ran riot in the streets of the town. The county court paying no attention to the matter, when the United States court met, ths Secretary addressed a communication to Judge Putnam, reciting the facts and asked for a special inquiry. He also said that, unless the hatred ofthe old pioneers against the Indians could be controlled, it would lead to serious consequences. ' 'A curious illustration of the feelings of the old citizens of the Territory at this period towards the Indians, and of the difficulties which Governor St. Clair had to encounter to preserve peace and the lives ofthe inhabitants, is afforded by an advertisement which was issued by citizens in the Miami Purchase in 1794. It was as follows: PUBLIC NOTICE. Whereas, raany good citizens of this Territory, with a design to check the incursions of hostile Indians now at war with the people of the Uuited States, have voluntarily entered into and subscribed their naraes to certain articles; each narae having a sum annexed thereto, and have severally bound themselves, their heirs, etc., to pay the sarae, as in the said articles are men tioned : We, the subscribers, therefore, being nominated and appointed to superin tend the business of collecting and paying the raoney thus subscribed, hereby give notice that the following arrangement is made for the reward to be given for Indian scalps, to be taken and produced within the period o'f the 18th day cf April last past, and the 25th day of December next en suing, and within the boundaries following, to wit: Beginning on the Ohio, ten miles above the mouth of the Little IMiami, on a direct line thence north wardly, the same distance frora the said Miami, until it shall extend twenty- five miles above where Harmar's trace first crosses the said Miami; thence. Correspondence, Addresses, Etc. 329 Secretary Sargent to the Secretary of State. Cincinnati, Territory op the United States NoRTH-AVEST OF THE Ohio, November 20, 1794. Sir : — Upon the 6th instant, Avas apprehended at this place Chris topher Cunningham and one of the Inhabitants by the name of Daniel Duffy, for " aiding and comforting the insurgents of the western counties of Pennsylvania, contrary to the President's proc lamation," and compeUed to enter into recognizance in the sum of five hundred dollars each, to answer the same at the general court of this Territory. At the same time, warrants were issued for Hugh Huffman, John McClure, John Taylor, and James Templeton, all of whom, together Avith Cunningham, are from Washington county, Pennsylvania, and by force of arms opposed the taking of the Mr. Bradford, an in surgent, from on board a boat upon the Ohio, some fcAV days ante- due west, crossing the said Little Miami, until it shall extend ten m'les west of the Great Miami; thence, southwardly, keeping the distance often miles from the said Great Miami, to the Ohio; thence up the i-iiddle of the said Eiver Ohio to the beginning; that for every scalp, having the right ear ap pendant, of the first ten Indians who shall be killed within the time and limits aforesaid by those who are subscribers to the said articles, shall, when- ever collected, be paid the sum of one hundred and thirty-six dollars ; and for every scalp of the like number of Indians, having the right ear append ant, who shall be killed Avithin the time and limits aforesaid, by those who are not subscribers, the Federal troop excepted, shall, whenever collected, bo paid the sum of one hundred dollars ; and for every scalp, having the right ear appendant, of the seeond ten Indians who shall be killed within the time and liraits aforesaid by those who are subscribers to said articles, shall, Avhenever collected as aforesaid, be paid the sum of one hundred and seven ieen dollars ; and for every scalp, having the right ear appendant, ofthe said second ten Indians who shall be killed within the time and liraits afore said, by those who are not subscribers to the said articles, except before ex cepted, shall, whenever collected, t>e paid the sura of ninety-five dollars. Cincinnati — Levi Woodward, Darius C. Orcutt, James Lyons, Columbia — William Brown, Iqnai'ius Eoss, John Keily, Committee. 330 The St. Clair Papers. cedent to the 5th ; protected him as far as this place, and aided him to pass doAvn the river.' Go-VERNOR St. Claie to Judge Turner. Marietta, December 14th, 1794. S'lr: — I have lately been honored Avith a letter frora you of the 14th of June last, covering certain papers relating to Captain Prior and Mr. Vanderburgh, through the Secretary of State. It gives me pain that you should meet Avith any obstruction in exercising the functions of your office, but I inust feel it raore sensibly Avhen that obstruction proceeds frora any officer of the Government. Mr. Vanderburgh, I am a perfect stranger to, but he Avas recommended to me as the most proper person in that country to fill the office he UOAV holds, and you are very sensible hoAV difficult it is to find per sons in a ncAV country Avho are duly qualified for any office ; yet that nor any other consideration Avill ever induce me to continue a man Avho does not discharge his trust Avith fidelity. I would have wished, sir, that you had hinted at the nature of the abuses he has been guilty of. If they are such as are punishable by law, upon being informed, I will direct a prosecution, Avhich I believe is the only mode, and that may be done, ifi mistake not, as AveU after removal from office as during the incumbency. As to any impeachraent before the Territorial Legislature, I Avoiild take the liberty to suggest to you that they have no power to try impeachments. If Mr. Vander burgh has been guilty of abuses in his office (and I ara sure you would not accuse hira without just grounds), it is improper that he should continue in it one moment beyond Avhat can be avoided. I must, therefore, request that you will, as soon as raay be, furnish rae Avith the charges against hira, and a summary of the proofs that may have corae to your knoAvledge, and it shall be instantly re viewed, and prosecution ordered against him, if the offense be in dictable. Captain Prior, or his Indian agency, I know nothing about, but as I have heard that he is Avith the army, that business I suppose is over. As he Avas not of my appointraent, I am ignorant both of 'At the time (the midniL;ht of the Sth), upon information received at a late hour, the Secretary directed Captain Pierce, of Port Washington, to send out twelve soldiers, under a trusty officer, to assist the sheriff in appre hending the persons who assisted Bradford to escape. Correspondence, Addresses, Etc. 331 the nature and extent of the authority he may have been clothed with ; the papers referred to are of no use to me, and I have returned them to you inclosed. The arresting of some of the persons who resisted the sheriff, and the submission of others, avUI, probably, put an end to any further attempts of that nature, but the affair of the slaves is, I am afraid, a source of discontent that will not very soon be stopped. Permit me, sir, to offer you my opinion upon the subject, which ;is shortly this: that the declaration in our Constitution, that there shall be no slavery nor involuntary servitude in the Territory, ap plies to, and can be taken advantage of only by, those slaves Avho may have been imported since the establishment of that Constitution. Slavery Avas established in that country Avlien it Avas under the dominion of France. It Avas continued Avhen it fell under that of Great Britain ; and, again, under Virginia, a part of the Territory of which it was considered by that State uutil the cession thereof made to Congress ; and AA'hether that construction of the State was ill or well formed, the acceptation of the cession by Congress con firmed it to all intents and purposes ; and there is also a clause in that cession about continuing to the ancient settlers, and those who bad settled under Virginia, the benefit of their ancient laAvs and customs. As I have not the act of cession of that State by me at present, I can not give you the words. Slaves Avere then a property acquired by the inhabitants conformably to laAV, and they were to be protected in the possession of that property. If so, they are still to be protected in it. So far as it respects the past, it can have no operation, and must be construed to intend that, from and after the publication of the said Constitution, slaves imported into that Ter ritory should immediately become free ; and by this construction no injury is done to any person, because it is a matter of public noto riety, and any person removing into that Colony and bringing Avith bim persons who were slaves in another country, does it at the knoAvn risk of their claiming their freedom ; whereas, on the other band, had the Constitution the effect to liberate those persons who were slaves by the former laAvs, as no compensation is provided to their OAvners, it Avould be an act of the GoA'ernment arbitrarily de priving a part of the people of a part of their property— an attempt that has not been made and would uot be submitted to, and is not to be drawn from the mere construction of words. I have troubled you with my thoughts upon this subject, because I have heard that there is great agitation among the people respecting it ; and they 332 St. aair Papers. should be set at rest, because it Avas formerly brought before me by some of these people to Avhom I gave my opinion nearly as I have now stated it to you. Whether the French inhabitants have confidence in the promises of Government or not, I am sure those at St. Vincennes have reason both for confidence and gratitude. Their lands — I havo reason to believe all of their lands — have been laid off and ascertained long ago, and Congress took upon themselves the expense of surveying their ancient claims, Avhich they were not bound to do, and have not done anywhere else. Their complaints on that score are without any foundation. Mr. S. Baird has resigned the office of prothonotary and clerk of the peace, by letter, and another Avill soon be appointed. I have no doubt that it is an office to Avhich a deputy may be constituted; it is, however, very certain that a deputy can not make a deputy. Mr. Baird's brother Avas, therefore, Avrong in transferring the per formance of the duties to Mr. Vanderburgh or any other person, and I should suppose your hinting it to him Avould induce him to resume them imraediately. But as to blank Avrlts : they are sanctioned by law. As the fee is settled for (araong thera) in the fee table, it would have been rauch raore proper to have annexed a penalty. A session of the Legislature is called for by the people, and is in deed very necessary. Judge Symmes is not in the Territory, and you are at so great a distance that I thought it next to impossible you could attend this winter. It is my intention to call it as early in the spring as possible — about the 1st of March, I think, when I hope you may be able to attend. Governor St. Clair to Thomas Jefferson. Marietta, December 14th, 1794. Sir : — By the order of Congress establishing the government of this Territory, the supreme judicial authority is vested in three judges, two of whom are necessary to form a court with poAver to decide in all matters without appeal ; and by a laAv of Congress one of those judges (in the absence of others) is made corapetent to hold court and decide in cases also Avithout appeal. Many representations have been made to me on this subject. The people very generally think it an unsafe situation Avh ich they are in; and, indeed, taking the matter abstractly, it can not be thought very eligible that the Correspondence, Addresses, Etc. 333 whole property of a country which may be the subject of law should be governed by the deterraination of a single judge, without the possibUity of having that determination revised. Circumstances ex ist at present that render it dangerous. The principal settlements have been made in tracts of land purchased by certain companies or associations of persons ; the first of those is the Ohio Company, and next the Miami Company. In both those associations the man agement of the directors and agents are thought to have laid the foundation of endless disputes. Geueral Putnam has been the active director in the first association, aud Mr. Symmes the principal, if not the sole, agent in the second; and they are both judges of the Supreme Court. Every land dispute will be traced to sorae transac tion of the one or of the other of those gentlemen, and they are to sit in judgment upon them. It must, I think, be acknowledged that this is not a groundless cause of apprehension, for though they are both of firm character (and delicacy Avould prevent their decision in any case where they are themselves parties) the people have but a slender security for the impartiality of their decision. Interest hangs an insensible bias upon tbe minds of tbe most upright men. In the matters that are most likely to be litigated, in whichever of the associations they necessarily happen, there must be so great a similarity that, deciding in one by ajudge who has no direct interest in the cause, may have, nevertheless, as direct and certain an effect in another Avhere he is interested, as if he had determined his own cause. I believe it Avould be well, therefore, that the laAv erapoAver- ing one judge were repealed, and that sorae mode were prescribed for bringing decisions in the Supreme Court here before the federal court, either by direct appeal, or by Avrit of error, or both, as the cases may require. It appears to me to be necessary for the purpose of rendering the people easy and safe ; and there are political ends that would be clearly served by it, for there is perhaps nothing that contributes more to induce an affectionate subraission to any powers than the habit of looking up to that power as the depository and dispenser of justice in the last resort. I have thought it my duty to make you acquainted with the fears and wishes of the people upon this subject. Governor St. Ciair to Joshua Coit. Deeemher 22, 1794. Sir : As you were last winter upon the committee which had the 334 The St. aair Papers. laAVS of the Western Territory under consideration, and I had the honor of some conversation Avith you on the subject of them, I have taken the liberty to trouble you again respecting them ; and, as ray opinion coincided Avith yours on the objection that seemed to have struck you Avith most force, on the best consideration I Avas able to give, it appeared to me, very clearly, that the temporary legis lature had no poAver to make laws, but merely to adopt any of the acts of the original States that might be suited to the circumstances of the Territory. The judges. Parsons and Var num (the third judge did not accept the appoiutraent) , were decidedly of a contrary opinion, and the point was battled, both verbally and in Avriting, for a considerable time. Most of my correspondence AvIth them is on record, and a copy in the office of the Secretary of State. Neither of those gentlemen were in possession of the codes of the States, although three mouths of their respectlA^e salaries had been paid to them before they entered upon their offices, as a compensation for the time and pains the col lecting of those codes Avould cost them. I had that of Pennsylvania only, to Avhich they Avere averse. Here was a dilemma. Without laws, society could not exist ; and, unless either they or I gave way, it could have none. Considering that they were both men of the law, my conclusion Avas that, how strong soever my conviction was, my construction must be erroneous, and I finally did give way, upon their consenting to use the Avord adopted instead of enacted. After the death of those gentleraen, and others being appointed, as the conviction that we were wrong Avas still strong, I endeavored to bring them to Avhat I concei\'ed to be the design of Congress ; but I met with the same opinion, and an equal degree of obstinacy in or frora them, which was a new inducement for me to go in the way we had begun, and, from an expression in the act of Congress empower ing the territorial legislature to repeal any laws by them adopted or made, it Avas strongly urged that the power of making laws Avas plainly implied, and from that time the style of our laAVs changed frora adopted and published to enacted and made. The concurrent sentiments of two sets of judges, all of them men of the law, put an end to any further objections on my part, and, though not con vinced, I supposed that I must have been in error. I am not sure, sir, Avhether the coraraittee reported last spring or not., If we have been, however, all along in a AA'rong train, it' is very necessary that a stop should be put to our going further in it ; . and, if we are in the right road, it is still necessary that those laws which have not yet been passed upon by Congress should be con- Correspondence, Addresses, Etc. 335 sidered; I had the honor to mention to you many oojections which appeared to me to have sufficient weight to induce their being disapproved, and I have, since my return to the Territory, had many representations made to me on the subject of some of them. Mr. Woodbridge, Avho is now in town, and known to you, will in form you how they are generally received, and it is of some conse quence that the sense of Congress, if it could be had in that time, should be known before the next session of the legislature, Avhich will be about the beginning of March. I beg you to excuse the trouble I give you, and to believe that I am Avith great respect, etc. Governor St. Clair to Secretary Sargent. Marietta, December 22, 1794. Dear Sir : — . . . One or more of my letters to you must certainly have been miscarried, aud yet, letters in the post-office should not miscarry. In that I wrote in answer to your last inten tion to cross the mountains (the date of it I have forgotten, but it is a great Avhile ago), I gave you a rendezvous at this place as the ill state of my health rendered me unwilling to go doAvn the river tbis winter, and it seemed to me that it would be convenient for you, being on your route to Philadelphia, to which place you had signified your intention -of going in the course of the winter. After this letter Avas written and had been sent off, I was laid down by the gout at Pittsburgh, being then on my Avay, and with great diffi culty got home again, where, after having tolerably recovered, I re lapsed again, and at last, that you inight not be disappointed, set out with the gout upon me, but fortunately received no injury, but rather the contrary, from the exercise. I have noAV little hope of seeing you this winter, as it seems to be set in with a degree of severity that will probably soon render the river impassable. In this state of things it is impossible for me to go down, although, for many reasons, it is very needful that Ave , , should be together for some time at least ; and, besides, as I informed A'OU in my last (but one, I think), it is my intention to convoke the legislature at this place very early in the spring. Of this I have given Judge Turner intimation, but I shall send you a proclamation for this purpose by the next opportunity. Should you still hold your purpose of going to the seat of government, or should the weather be such as you can come up the river, I must remind you to bring the seal of the Territory, for there are several matters that 336 The St. Clair Papers. require to be expedited that can not be done without it, particularly a great many vacant offices to fill up and new magistrates to be ap pointed. If you have any blank commissions to fill up, it would save the trouble of much Avriting were you to bring them Avith you. This part of the country furnishes no news, and any from PhUadel phia aud from abroad will reach you as soon as this, and I will, therefore, conclude with assuring you that I ahvays am, with great regard, yours, etc. Dec. 23d. — The mail arrived last night, but no letter from you. As it seems not unUkely that the coraraunication between this place and Fort Washington avIU be interrupted for sorae tirae, I now in close the proclaraation, to which you Avill affix the seal and file it in your office, and send copies to different quarters, and, particularly, send one under cover to Judge Turner. I will take Avhat is neces sary here and above upon myself ^The successful termination of the war with tl>e Indians iraproved the prospects in the Territory, and I observe, in looking over the leaves of Colonel Sargent's journal, kept for the Governor, that considerable was done in the way of organizing civil government.' (1) Official Eecoeds, 1794. July 8th.— Dean Tyler, gentleman, was appointed jud^e of the Cc-:;'rt of Common Pleas, for AVashington County, vice Robt. Oliver, resigned. July .31st.— A proclamation for a fast on the 14th August was issued by the Secre tary, who inclosed it to Lieutenant-Colonel Spencer, jit Columbia, and requested him to " cause it to be read by Mr. Smitli upon the next Sunday." Sept. 8th.— Orders were issued for the protection of a number of Choctaw Indians who were returning from the Miami of the lakes, where they had been aiding Gen eral Wayne against the hostile Indians. These friendly Indians were assaulted by lawless men, and they took refuge in Fort Washington ; in regard to which the Sec retary issued a proclamation on the 10th. Oct. 6th.— Captain Virgin, who commanded at North Bend, was instructed to re move the intruders from Government lauds west of the Great Miami. Nov. 1st.— Notice was given to the justices of the peace of the proclamation of the President forbidding citizens from aiding the insurgents of the western counties of Pennsylvania, who were resisting the execution of the excise law. Nov. 5th.— Christopher Cunningham and Daniel Duffey, citizens of Cincinnati, were arrested, under the afore-mentioned proclamation, for aiding the escape of Mr. Bradford, an insurgent, into Kentuclsy. They were held in the sum of $500 eaeh for future appearance. « Nov. 19th. — Timothy Symmes and Stephen Woods were commissioned justices of the peace for Hamilton county. Nov. 22d.— Aaron Cadwell appointed commissioner for isisuing licenses to mer chants, retailers, and tavern-keepers, vice J. S. Gano and William McMillan. Nov. 25th. — The following military appointments and promotions were made; Lieutenant Wm. Eittenhouse to be captain; Robt. AVheeling, lieutenant; Garret Vanvile, ensign; Ensign Caladar Symmes, to lieutenant; Samuel Seward appointed an ensign; Lieutenant Jaraes Lyon promoted to a captain, vice Captain AA'allace, re moved, and Ensign Uzoe Bates to be lieutenant: Samuel Dick appointed an ensign; Lieutenant Darius C. Orcutt promoted to a captaincy, vice Captain Grier, removed; Ensign Jonathan Sohooly to a lieutenant; John Riddle appointed an ensign, vice Creigh, removed; Seth Cutter an ensign, vice Schooly, promoted; James Cox, adju- Correspondence, Addresses, Etc. 337 Governor St. Clair to the Secretary op War. Marietta, January 1, 1795. Sir : — In consequence of a letter from you to Colonel Sproat, of the 7th January, 1792, a certain part of the militia of the county of Washington was called by him into the service of the United States for the defensive protection of the different settlements in that county. The time for Avhich that militia was engaged at this place, Belpre and Waterford, expired yesterday. There is another party at Gallipolis, engaged for an indefinite term. Application was made to me to continue them for some tirae longer, and, although I am very far from thinking the settlements derive much security from the militia thus employed, yet, as the people believe them to be of the greatest use, and Avould uoav be ex tremely discontented at their being discontinued, and as there is reason to expect they can not long be necessary, even for quieting their minds, I have directed Colonel Sproat to call into service an equal number, to be employed at each of the above settleraents, for two months longer, unless sooner discharged Avithin that time. You will be able to countermand them, should it be thought improper. I have a doubt that, in this case, I may have been exercising a power Avhich has been transferred to the Commander-in-Chief of the Federal troops, as by a letter from General Wayne to Colonel Sproat, of the 18th AprU, 1793, he observed that, on the 5th of March, in that year, he Avas " erapowered to determine the strength and number of the garrisons upon the upper parts of the Ohio, and the number of scouts and spies that shall be admitted at the expense of the Union," etc. That letter, with yours above mentioned, were laid before me by Colonel Sproat yesterday, AvhIch Avas the first time that I AA'as informed of his having received any authority in the case. "The strength and number of the garrison" is, doubt less, to be understood as such of thera as are composed of the regu lar standing troops. But if the Avords "scouts" and "spies" in clude the militia, which, it seems, they supposed to be the case, and tant, vice Orcutt, promoted; John Brown a lieutenant and adjutant, and Ensign Jonathan Bowman to a lieutenancy — promoted. Nov. 27th. — Isaac Daxueille appointed United States attorney for Hamilton county, vice Ezra F. Freeman, resigned. Dec. 6th.— Fine of .?39 against Matthew Davenport remitted, on account of his good character and indigent circumstances. Dec, 9th. — Governor notified Israel Ludlow, surveyor, that he forbade the survey of lands upon the Ohio and Mississippi Eivers for the benefit of individuals. VOL. II — 22 338 The St. Clair Papers. the poAver Oj. providing, at the expense of the public, for the pro tection of the settlements by the militia be transferred to the com manding General, Avhich is doubtless proper, yet the orders for such of them as may be Avanted should, I presume, go through the ex ecutive authority of the Territory. Timothy Pickering to Governor St. Clair. War Office, Philadelphia, March 25, 1795. Sir : — I have lately received a letter from Colonel Sproat respect ing the militia eraployed for the defensive protection of Muskingum. This brought into view your letter of the 1st of January, Avhich has reraained unanswered. It Avas doubtless right to have continued thera agreeably to your orders to Colonel Sproat ; but, according to the expectation you then expressed, there is now reason to think that their services may be dispensed Avith. You must have been in formed of the overtures of peace made to General Wayne in Janu ary last by six of the Indian tribes, and that the chiefs of other hostile nations were alike inclined for peace. At that interview, General Wayne entered into an agreeraent with thera, in Avriting, for the suspension of hostilities until the treaty of peace could be negotiated, for which the time fixed was the middle of next June, at Greenville. On both sides, it Avas stipulated that notice should be given of any hostile enterprises. At the same time, some of the chiefs, I think, reraarked, that possibly some of their young men in the Avoods might do mischief, but that this, he hoped, Avould not dis turb the provisional pacification then agreed on, or prevent the wished-for final peace. Colonel Sproat informed me, in his letter of the 23d ultirao, that two days before, one of the inhabitants had been killed near Belpre. This was done, probably, by Indians who had been hunting, and were ignorant of the pacific measures before mentioned. Upon the whole, considering the change of disposition in the In dian tribes, and in consequence of our negotiations with Great Britain, they will no longer be stiraulated by British agents to con tinue their hostUities. I am inclined to think the services of your militia may be dispensed with, except of the woodmen employed as scouts. Such scouts, if properly selected, would, perhaps, at any time, have given greater security to your frontier than a vastly greater nuraber of militia at permanent stations. But, notwith standing Avhat is here said, the actual state of things on your frontier Correspondence, Addresses, Etc. 339 may demand the services of some of the militia, as heretofore, and, therefore, I request your consideration of the matter, and that you would give such orders in the case as the reasonable protection of the inhabitants may require. All that I have noAv advanced is on the supposition that General Wayne, to whom the regulation of the matter was formerly com- Tnitted, may have given no orders relative to the protection of the settlements hereinbefore referred to since you wrote to the Secre tary of War on the 1st of January last. Should his orders have arrived, or if, Avhen they do arrive, they are to supersede the measures Avhich may be taken consequent on this letter. Judge Symmes to Governor St. Claie. Marietta, March 26, 1795. Dear Sir : — This is the twelfth day that I have been waiting with. ¦great anxiety to see your Excellency ; persuaded at length that you ' must be sick or seized with a fit of the gout, I think it useless to tarry longer at this place. I shall, therefore, return home. There are, however, other considerations which aid my conclusions for returning, besides those of being disappointed in the pleasure of seeing your Excellency first. I could not prevail on Colonel Sargent to accompany me up Avitb the great seal, and he did not choose to send it by me, or by any other person, without your express order, and little or no business can be done without the great seal of the Territory. Secondly — I learn by the neAvspapers that Congress has been call ing in question our capacity as legislators, but on what ground is not pointed out ; therefore, it is impossible for us to avoid^like errors should Ave attempt to legislate ; for, even though the Senate rejected the bill for annulling the laws of the Territory, yet we are left in a very awkward situation ; we are suspected at least. Thirdly — Un less our legislative powers are already defined, either by Congress or by the judiciary of the United States, I am of the opinion that Ave ¦shall but commit ourselves in our legislative capacity to attempt any thing further, either by adopting, extending or passing. Fourthly — I make no doubt that, in the course of a few months, your Excel lency Avill receive communications from the Secretary of State on this subject which may set us right, perhaps, and surelj*, for the present, Ave had better not do than to do wrong. Fifthly — I have received several letters from the inhabitants of the county of Knox 340 The St. Clair Papers. earnestly requesting me to come down and hold the Supreme Court in that county at the next term, Avhich is in May; this I intend to do if I can procure an escort to conduct rae thither, by land or Avater. If I stay longer here, I can not reach Vincennes in time for the court. Putting all these reasons together, I think your Excellency will justify my return to Cincinnati, where, Avhenever it shall be agreeable to your Excellency to make a visit, I shall do rayself the honor to wait on you with the greatest of pleasure. Governor St. Claie to Colonel Sproat. Marietta, April 21, 1795. Sir : — An agreement to suspend hostilities having been entered into by the Comraander-in-Chief of the troops of the United States and the Indian nations Avhich have been at Avar, and a strong probability existing it Avill be improved into a lasting peace, it has been thought unnecessary that the militia of the Territory employed for the defensive protection of the same should be continued in ser vice. You Avill, therefore, be pleased to take the necessary meas ures that those drawn out from the county of Washington be dis charged on the last day of the present month. It is to be observed that the Avoodsmen, employed as scouts, are not included in this direction ; those are to be continued until further orders. I congratulate you and all the inhabitants of the county, of whose zeal and alacrity in the service of this country I haA'e a A'^ery high sense, on this state of things, and that, at the time Avhen attention to rural labors is peculiarly necessary, they will be relieved from the fatigues of railitary service. Goveenoe St. Claie to Seceetaey Saegent. Marietta, April 28, 1795. Sir : — I am once more returned to the Territory, and arrived at this place a few days ago. My absence, at the tirae Avhen I had ap pointed a meeting of the legislature, must have surprised you, but I found it necessary to visit the settlements in the upper part of this county, and, having a large sum of money considerably at risk iu the county of Westmoreland, I chose the time for that visit near to the session of that West court, to which from those settleraents, I could go in a few days, and had calculated the whole tirae to be employed about five Aveeks. But the Avinter set in suddenly witb Correspondence, Addresses, Etc. 311 such violence that, for a long time, it Avas impossible to return, had I been able to ; but at Greensburg I Avas seized with the gout, and witb difficulty got to my family, though but eighteen miles distant, where I was confined, in the most excruciating torment, to my bed for upwards of two months. About the beginning of March, Avhen a little recoA'ered, I attempted the journey and relapsed in conse quence of it, and Avas confined two Aveeks at a miserable hovel by the Avay, notwithstanding which, though still lame and very feeble, I am in good health, and shall recover again for a little Avhile. I purpose to set out for Cincinnati about the end of this week, or the beginning of next. I found here your letters of the 23d and 27th — not yours of the 4th and 24th of January — and of the 14th of February. I have to regret that more than one letter I had Avritten to you did not get to hand ; they would have saved some trouble, as Avell as mortifica tion, to both. The miscarriage of letters to and from me of late has been very extraordinary and unaccountable. I have also to re gret that either my recollection or yours, Avith respect to my passing last Avinter at Muskingum, Avas not correct. As I observed to you, I expected to have met you there in consequence of Avhat j)assed in conversation at Philadelphia — doubted not in the least that, though you were not arrived, you Avere on your Avay up — and looked for you eagerly and anxiously from da)' to day, until some jDcrson (I do not recollect now Avho it Avas) arrived from Fort Washington who bad breakfasted with you the morning he set out, and informed me of your being there Avithout any thoughts of leaving it. It Avas not till then that I wrote to you, because, supposing you on the river, any letter addressed to you at Cincinnati must have missed you. Tlie prosecutions, hoAvever, those mistakes it seems have giA'en rise to, need give you very little uneasiness, and as to the disposition of the people, you had it not to learn. I can not recollect any conver sation (for a long time at least) on the subject of the seat of gov ernment, but I can remember that aa'c both thought Marietta Avould not ansAver, and, in the present circumstances of the Territory, I still think so ; but it Avas ahvays my intention to keep it, so far as it depended upon me, unfixed till there should be an end of the In dian Avar, and the country be laid open for settlement ; after which, it Avould probably be divided into more than one goA'ernment, and if not, it would be easier to determine the most eligible place. While things remain in their present situation ; while the establishments are so distant from each other, and the communications between them so difficult — where there is not a single road through the 342 The St. Clair Papers. country — I believe it would be improper to fix upon any one place to which the inhabitants should be all, in certain cases, obliged to re sort, and that it Avill be necessary, for some time to corae, that both the executive and legislative parts of governraent should be arabu- latory ; neither do I think the transportation of the records any strong objections to it, as they are as yet far from being cumbrous. I doubt not but upon reflection you avIU recollect that this has al- Avays been my Avay of thinking. I promise you that it was neither pleasure nor emolument that led to it, but Avhat appeared to me to be the interest of the inhabitants, for Avhich the governraent Avas es tablished. But if you think that I would have Avantonly taken a a step Avhich Avould involve you in difficulty or expense, Avhich, frora your frequently repeating the words my pleasure and your readiness to conform to it, it seems as if you had thought so, I can assure you that you Avrong me. It is contrary to my disposition to treat any person in the Avorld in that manner, but above all, a person whom I esteem as I do Colonel Sargent, whose convenience in every respect I shall ahvays be ready to consult. The letters of Mr. Vanderburgh^ I returned to you, fori thought it Avould be more proper that he should address hiraself direct! 3' to the Secretary of State, that the coraplaint should be sent forAvard either by you or me, and I recoraraended that he should take that step. I hope and trust that you have received thera. I have re ceived a letter from the Illinois country from Mr. St. Clair, com plaining of the A'ery extraordinary treatment he has received from Judge Turner, and informing rae that in consequence thereof he has Avritten to you requesting to resign his offices. I hope you have not accepted his resignation, and I Avrite to hira to hold them, at least until sorae raeans to bring the judge to reason can be fallen upon. Should you be Avriting to St. Vincents, I Avish )'ou Avould ask for a certified copy of the presentments of the grand jury with respect to hira.' It appears to rae, from the present A'iew I have of raatters, that I 1 These related to extraordinary proceedings of Judge Turner at Post Vin cennes. The latter had carried matters with a very high hand, and had pre ferred charges against Vanderburgh. The result of his conduct there and at Kaskaskia, raentioned also in this letter, was the preferment of forraal charges against the judge, Avhich were laid before Congress, and by that body referred to Governor St. Ulair. ^. fudge Turner. The grand jury found a bill against him, and this ac companied the letter of Henry Vanderburgh, which had been forwarded t» Edmund Eandolph, Secretary of State. Correspondence, Addresses, Etc. 343 shall be obliged to visit the country immediately, to prevent, if it yet can be prevented, the subversion of all order, if not its total ruin. Adieu, my dear sir. Governor St. Claie to Timothy Pickering. Marietta, April 28, 1795. Sir : — I have received the letter you did me the honor to write on 25th March, and it gives me satisfaction that it has been deemed proper that the militia employed for the defensive protection of the inhabitants be discontinued, and that Colonel Sproat's letter had brought mine of the 1st of January to the late Secretary of War into view. Your letter, sir, was the first information I had of the agreement for a suspension of hostilities entered into by General Wayne and the hostile tribes of Indians,^ but I had no doubt but 1 General Wayne had, without notice to the Governor of the Territory, issued the following proclamation, which will have a curious interest to the reader ; [_By his Excellency Anthony Wayne, Esquire, Major-General and Commander- in-Chief of the Legion, and Commissioner Plenipotentiary of ihe United States of A-merica for estn blishing a permanent peace with all the Indian tribes and the nations north-west of the Ohio.^ A Pboclamation. Whereas, I, the said plenipotentiary, in virtue ofthe power and authority in me vested, have entered into certain preliminary articles with the foUo'w ing tribes and nations of Indians, viz.. the Wyandots, Chepawas, Ottawas, Putawatoraies, Miamis, Shawanoes, and Delawares, for a cessation of hos tilities, and for tho mutual exchange and surrender of all prisoners of every description, as well as for holdii g a general treaty for settling all causes of controversy, and for establishing a permanent peace between the United States and the aforesaid tribes of Indians, on or about the 15th day of June next ensuing. Wherefore, I do hereby, in the name of the President of the United Btates, prohibit and forbid all and every person and persons from killing, insulting, or injuring any Indian or Indians belonging to the aforesaid tribes or nations, or either of them (unless in their own defense). And I do hereby, also forbid any party or parties, citizens ofthe United States, or either of them, from entering the Indian country north-west of the Ohio with hostile intentions (without perraission, from the proper authorities iirst obtained), between this period and the end of the pending treaty, as they will answer a contrary conduct at their peril. And to the end that the treaty may be carried into coraplete effect, agree ably to the true intent and meaning of the preliminary articles, the said Plenipotentiary enjoins all and every person and persons having in his or 344 The St. Clair Papers. that the Indian war was near an end, and I congratulate you, sir, their possession any Indian prisoners, belonging to those or either of those na tions, to surrender them and each of them at this place, on or before the said 15th day of June next, and for which reasonable expenses will be al lowed by the public. Given under ray hand and seal, at headquarters, Greenville, this 22d day of February, one thousand seven hundred and ninety-five. Antt. Waynb. By order of the Comraander-in-Chief, Wm. H. Hakkison, Aid-de-Gamp. The Governor's oificial record shows what action he took to advise the people of the Territory of the promise of a peace with the Indians.^ (1) Official Eecokds, 1795. January — 1st. — A proclamation of Governor St. Clair, dated at Marietta, December 23d, convening the Legislature at that place Mareh 10th, was publislied. April 20th.— John Wallace appointed justice of the peace, Hamilton county ; Ben jamin Ives Gilman, prothonotary and clerk, AVashington county, vice E. J. Meigs, resigned. April 27th.— Governor St. Clair, in AVashington county, addressed Colonel Sproat, notifying him of cessation of hostilities with Indians, and directing him to discharge the militia of AVashington county, the last day of the month. The scouts (woods men) were excepted. The Governor also congratulated Colonel Sproat and his men on their good behavior. May 4th.— Josiah Monroe was appointed justice of the peace for AVashington county. May 26th.— A precept [warrant] was granted by the Governor, upon demand of the Executive of the State of Kentucky, for the delivery of a certain Hugh Eoss to Wil liam Montgomery, agent, to answer sundry felonies committed in that State. June 1st.— The Governor issued a proclamation for the arrest of the murderers of two Indians near Belle Fontaine, St. Clair county, 15th March. They ivere killed in daylight, while in charge of the sheriff, who was taking them to jail. The murder ers must be known to the sheriff. June 13th.— Armistead Churchill commissioned clerk to the legislature, having been appointed May 29th. [By Arthur St. Clair, Governor of the Territory north-west of the Ohio.] A PP.OCLAMATION. [L. S.] AA'hereas, a treaty of peace was concluded on the 3d instant, between his E.xeel- lency Anthony AVayne, Major-General coramanding the army of the United States, and sole commissioner to put an end to a destructive war, settle all controversies, and restore harmony aud a friendly intercourse between the United States and the Indian tribes, aud signed at Greenville, in the territory of the United States north west of the Ohio, on the said day, by the before-named Anthony ¦^^'ayne on the part of tho United States, and by certain sachems, chiefs, and warriors, on the part of their respective tribes or nations, to-wit: of the Delaware.^, the AVyandots, the Pota watomies of St. Joseph, the Potawatomies of Huron, the Shawanees, Ottawas, Che- peways, Kickapoos of Kaskaskia, and Delawares of Sandusky. The same is hereby made public, and all the inhabitants of the Territory, and all and every person re siding in or traveling through the same, are strictly enjoined and required to keep and observe peace with the said Indian tribes and individuals of the said tribes and every of them, and to abstain from injury or molestation to them and every of them, until the pleasure of the President and Senate of the United States be known in the premises. Given under my hand and the seal of the Territory, at Cincinnati, in the county Correspondence, Addresses, Etc. 345 that it is now certain that event will soon take place. As General Wayne has given no orders relative to the militia of the State em ployed for the protection of the settlements, that I knoAV of, and their being continued appeared to me to be a useless expense, in conformity to the spirit, and in part to the letter of your directions, they have all, the Avoodsmen excepted, been ordered to be disraissed on the last day of this month. Governor St. Claie to Judge Turner. April 28, 1795. Sir: — A few days ago, I received a letter from William St. Clair, Esq., prothonotary and register of the county of St. Clair, dated December 20, 1794, inclosing a copy ofa letter from you to him on the 5th of November in that year, together Avith his ansAver of the llth, and your replication of the 15th. These letters, sir, respect the records of that county and the place Avhere they have been de posited and kept, and the last contains a peremptory order to deposit them at Kaskaskia, as being the acknoAvledged county-tOAvn Avhere of Hamilton, the 25th day of August, in the year of our Lord 1795, and of the inde pendence of the United States the nineteenth. [By Arthur St. Clair, Governor of ihe Territory north-west of ihe River Ohio.] A PuOCLAMA'riON. [L. S.l To all persons to -whom these presents shall come, Greeting: AVhereas, the division of the county of St. Clair Into districts has not been found to give that ease and facility to the administration of justice whicii was expected, and the great extent of tire county would render it almost impracticable were the courts to be held at one place only, it has, therefore, become necessary that it should be divided, and a new county erected. Now, know ye that, by virtue of the power vested in me by the United States, I have ordered and ordained, and by these pres ents do order and ordain, that, all and singular, the lands lying and being witliin the following boundaries, viz.: beginning at the Cove Spring, a little south of the new design, aud running from thence due east to the line of the county of Knox, and thence west with that line to the Ohio River; thenee with the Ohio to the Missis sippi; thence with the Mississippi to the parallel of the said Cove Spring; and thenee to the place of beginning; shall be a county named and hereafter to be known and called "oy the name of Eandolph, whieh said county of Eandolph shall have and en joy, all and singular, jurisdiction and rights, libertie::, and immunities, wh,atsoever to a county appertaining, and which any county that now is or hereafter may be erected and laid out shall or ought to enjoy, conformably to the Ordinance of Con gress for the government of the Territory north-west of the Eiver Ohio, bearing date the 15th day of July, 1787. In testimony, I have hereunto set my hand and caused the seal of the Territory to be afiixed, at Cahokia, in the county ot St. Clair, the Sth day of October, in the .year of our Lord 1795, aud of the independence of the Uuited States tlie twentieth. Aethck St. Claib. , 346 The St. Clair Papers. the general court would soon sit.' The general court, sir, may sit Avherever the judges think proper in any county, and it is to be pre sumed they AvIU ahvays use that discretion so as to render the ses- sion most convenient to the inhabitants in the county, town, or otherAvise, as that may be ; but the sessions of the supreme court liis nothing to do Avith the county records. In any case litigated in tliat court, where recourse to the county records becomes necessary, I presume it would be the duty of the party who had occasion for them to obtain authenticated transcripts of necessary papers, where oi-iginals are not to be had. I believe it Avould be unsafe to have the records, on every occasion, brought into court — the officer ought not to let them go out of his possession, and I think the register of the county of St. Clair was Avrong in doing so, even in obedience to your order. I conceive, sir, ajudge, in his judicial capacity, has not any thing to do Avith record-keepers, except upon complaint in com mon course of laAV, for some misdemeanor in office, and no poAver, in any case, over the records. These are my ideas on the subject, but I may be mistaken. I ara sure I am not mistaken Avhen I say you had no authority to intermeddle Avith Indian affairs — aud, above all, with any accounts current that raight have been betAveen Mr. St. Clair and rae, but Avhich, as he inforras rae, you demanded from him. I am sorry, sir, that, on any occasion, I should differ in opin ion with you, and still more so that, by any means, the execution of official duties should [out]. They appear to me to be quite distinct, and it is my Avish to keep them so. The appointment to offices is the prerogative of the Governor. Many of the offices, and jiarticu- larly the register's, are purely executive. If the persons appointed are incapable or unfaithful, but in a degree not to be liable to crirainal prosecution, it is his province to remoA'e or correct them, and it is not until a crime has been committed that the judicial courts interfere. As to county-toAvns, Avhether you think proper to ac knowledge them or not, the Governor is by laAV empowered to ap point the places Avhere the courts are to be held in each county — a law to Avhich you yourself assented ; and the three toAvns in St. Clair county, though originally pointed out by the proclamation, have been all confirmed by a laAV Avhich also received your assent, and you must haA'e seen that Avithout such a raeasure justice could not have been administered at all, as each of the districts was too incon- ^ Judge Turner required the removal of the records from Cahokia to Kas- Ifaskia, and then placed them in the hands of a third person, Avho had no commission. The above letter compelled the restoration of the records to the proper officer. Correspondence, Addresses, Etc. 347 siderable for a county, and all of them at too great a distance from each otber to be united. As the records may be considered to be in your custody, I should be glad if you would direct the person to whom you have committed them to restore them to Mr. St. Clair. If tbat is not done, I will find some means to get them out of his bands. P. S. — In a letter of yours to Colonel Sargent, wbich he sent to me, I find this passage: "Since the letter was delivered, Mr. St. Clair (who has not acted in the fairest raanner possible), has put into my hands an open letter, etc." As it is my duty to give the officers of government all due countenance and protection Avhile they act with propriety, so it is my determination to bring them to punishment where they act improperly. I bave, therefore, to request that you wiU be pleased to specify the instances when Mr. St. Clair has acted unfairly, and I have written to him that such a cbarge is alleged against bim, and that I have required the speci fication. Governor St. Clair to Judge Symmes. Marietta, April 28th, 1795. Sir : — I have been honored with your letter of the 26tb of March, wbicb I found at this place on my return here a few days ago. You judged right that my absence was occasioned by indisposition ; in deed, notbing else could have justified or excused it. A piece of business of considerable importance, where a sum upward of two thousand dollars was in great jeopardy, and -which could be done in a few days, caUed me to the Greensburg court. While there, I was seized Avitb the gout, got to my famUy with great difficulty, and never got out of bed again for upwards of two months. About the beginning of March (when I could have met you at time and place appointed), I set out, though very far from being recovered, and relapsed the second day, and again, on the last journey, Avas confined for two Aveeks on the road in a wretched situation, so that on the whole I have had a dreadful time of it. The uneasiness occasioned by the disappointment and trouble to you, did certainly add to it considerably, and it was really a reUef to me when I learned that you had returned to Cincinnati. I had been informed that our pro ceedings as a legislature had been called in question, and, as I bad always bad great doubt with respect to their propriety, I should not, bad I met you, have been anxious for the formation of many new laws; but I believe we might, without fear of censure, 348 ' The St. Clair Papers. have adopted and published any laws from the Codes or une States that suited our circumstances, and haA'e repealed any of our own making, which last I should have proposed. But I was, and stUl am, anxious for one to sanction the proceedings of the County Court of Hamilton while the magistrates acted there without authority. Possibly, considerable property may depend upon their transactions at that time ; neither are they themselves safe. Whether any thing can now be done in it I am doubtful, but will be glad to take your advice Avhen Ave meet, and I wish very much it may be before you set out for Post Vincennes, to Avhich place I Avill probably accom pany you, if I can arrive in time. I request you, sir, to present my best respects to Mrs. Symmes, who I hope enjoys health and happiness in her new situation. I hope she will forgive me for the jaunt I occasioned you, for that I bave certainly great need of forgiveness, and if she wiU forget I wiU promise, as boys do, not to do so again. Governor St. Claie to Judge Turner. Marietta, May 2d, 1795. Sir : — By the mail-boat from Cincinnati, I received, this morning, the letter you did me the honor to Avrite on the 25th of November last, Avhich it seems was forwarded to that place by express on the 28th of that month. I can account for the delays it has raet with only frora certain indorsements on the cover; one of Avhich is "MIssent," the other, "Cincinnati, 19th April, 1795." I have ex tracted, sir, several parts of that letter, particularly the first three paragraphs, and inclosed them to the Secretary of War, and the ninth, tenth, eleventh, and twelfth to the Secretary of State. It gives rae pain to hear of complaints against the judges, though it is by no means iraprobable that they are ill-founded. I Avould, how ever, fondly hope that if they have been guilty of any impro prieties, they haA'e proceeded from a mistaken judgraent, and not a perA'erted will. I Avish they had been confined to the notice sent. I liave complaints of a serious nature that reach another district. You must be sensible, sir, that to find persons in that country who are capable of performing the duties of judges in a strictly legal manner, is impossible. It is true there have been but five judges appointed in the county of St. Clair, and hard it was to find five in the county when it was laid out. At that time no more could be appointed even if more qualified persons could have been found. I Correspondence, Addresses, Etc. 349 shall be happy to find that it can produce more of that description now. If there are complaints against any of the county officers, I am of opinion they should bave been raade to me, CA'cnif they Avere of such a nature as to require a criminal prosecution. When brought before the general court in that Avay, and I know of no other in whicb they can be brought before it, to be sure they would claim its attention. You wUl pardon me, sir, I hope, if I doubt the power of that court to hold a special session. The local situation of the inhabitants of the county of St. Clair, where they are divided into distinct and distant settlements, none sufficiently populous to furnish even the necessary officers for a county, subjects them to great inconveniences. It was the only reason for dividing the county into districts, and an expectation Avas had that an increase of people would soon put it in the poAver of the Governor to erect each dis trict into a county, and, of course, those inconveniences would cease ; but, instead of increasing in numbers, the people haA'c decreased con siderably. Some alteration will, therefore, be necessary, and I thank you for the hints you have given. To all you have said Avith respect to licenses and Indian affairs, I will only repeat what in substance I had the honor to observe to you in my last, that I conceiA'e the Indian Department to be wholly out of your province, and to add, Avith all due respect, that in my con ception the duties ofa judge are neither inquisitorial nor executive. As to what relates to the secretary, I know not whether it is in tended as official complaint or private information only. If the first, as it is destitute of any testimony Avhereon to ground a prosecution, I can not take notice of it. If it had been accompanied with testi mony, I presume it is not to me it should have been addressed, for the secretary is not under my control. The territorial statute is not only virtuaUy repealed, but, in my judgraent, alAA'ays AA'as a nul- Uty. I have often thought of an escheator, but, until the expiration of a certain form, the estates Avhich have been abandoned can not escheat, and when they do, it will be to the United States, and not to the Territory. The same, I believe, with respect to those when no heirs are known. I know, sir, of no fund for the payraent of expenses, nor any pubUc offices upon Avhich I can point out on AvhIch you may draAV for that purpose. I am obliged to pay for the postage of all letters tbat do not come franked by some person having authority, out of my private pocket (this of yours comes exactly to one hundred cents), and amounts to a considerable sum in the year. The neces sity must be both urgent and evident to support the admission of / 350 The St. Clair Papers. such a charge for the paying of them at the Treasury of the United States, but it is there only, I believe, that it can be allowed. GoA'ERNOE St. Clair to Edmund Eandolph. Marietta, May 4th, 1795. Sir : — By the last mail from Cincinnati, I received a letter from Judge Turner, dated at Kaskaskia on the 24th of November, 1794, from which I have thought it necessary to trouble you Avith the fol- loAving extracts : ' To these, except to the last, I have made no other reply than that they have been forwarded to you. But I take the liberty to ob- . serve, in reference to one having in view the extension of the Indian trade to Prairie du Chien, that it is a plan of considerable conse quence, and to refer you to some observations I had the honor to make thereon to Mr. Jefferson in a report, in the year 1790, 1 think, which is in your office. The above-mentioned letter contains, also, several complaints against the secretary and others, on which I have observed to him that, if they were intended as complaints, to be taken notice of officially, as they were unaccompanied by any proof whereon to ground a prosecution, I Avould do nothing with thera, and that, as to the secretary, if they had been attended with proofs, as he was not under my control, it nas to you and not to me they should have been addressed ; and, further, that the territorial statute regulat ing trade with the Indians, which, possibly, had been infringed, was not only virtually repealed by the act of Congress, but was, and ahvays had been, a nullity. P. S. — That report (St. Clair's report to Jefierson) embraces, if I have not forgotten, all or more of the objects adverted to in the judge's letter. To the last paragraph, I thought it necessary to in form him that I kncAV of no fund for the payment of expresses, nor any known officer that I could point out, on whom he might draw for that purpose ; that I paid the postage of all letters, unless franked by some person having authority, that come to me, out of ray private pocket (and this of his had eost me one hundred cents), and amounted to a considerable sum in the year, and that the ne cessity of employing expresses must be evident and urgent to pro cure the admission of a charge for them at the Treasury of the United States. ' Extracts omitted. See letter of Judge Turner, dated June \i, 1794. Correspondence, Addresses, Etc. 351 This, sir, is a very extended country, and, from a variety of causes, would require the eye and the hand of the Executive in every part of it ; but, as that is impossible at all tinies, you may perceive that Judge Turner 'seeras inclined to take some of the trouble upon himself. I have, hoAvever, been obUged, upon another occasion, to remind him that the executive and judicial authorities and duties were distinct, and that it was the intention to keep them so, and that his office Avas neither inquisitorial nor executive. These interferences, and the conclusion ensuing therefrom, create a great deal of trouble to me. The country on the Mississippi and Wabash is now in that situation that the presence of the Governor is indispensable. I must, therefore, raake the journey as soon as it is possible, though God kno 'ffs I am in a bad state for traveling. The address of the judge's letter is somcAvhat singular : " Arthur St. Clair, Governor of the Territory north-west of the Ohio, and Superintendent of Indian Affairs ; to be opened, in his absence, at Cincinnati and at Philadelphia, 'by the Secretary of State, Phila delphia." Governor St. Claie to Judge Tuenee. Cincinnati, May 25th, 1795. Sir : — I mentioned, last evening, that I had heard of a very atro cious murder being committed in the county of St. Clair, upon the bodies of two Indians in the custody of the sheriff', Avho Avas con veying them to jail upon warrant. Do me the favor to inform me what Avas the cause of their im prisonment, and the circumstances of their murder, as it may have been related ; by whom it is said to have been perpetrated, and whether any or what steps* have been taken to bring the offenders to justice. Governor St. Clair to Jcdje Addison. Cincinnati, May 27th, 1795. Sir : — About tAVo weeks ago, I received your letter of the 22d of i last month (a few days after that of the 3d of January) , and should have acknowledged it sooner if I had not wished to be able to write decidedly with respect to Mr. Cunningham.' That, however, is not 'Young Cunninghara was concerned in the release of a prisoner on the south shore of the Ohio. Believing that he had been merely caught in bad ¦company. Judge Addison wrote for the friendly services of the Govei'nor. 352 The St. Clair Papers. yet in my power, as I have not met with Judge Symmes, by whom the court at this place will be held in Septeraber next. But, as it is certain that Mr. Cunningham can not be tried here for an offense if it Avas one, that was not committed in the Territory, it seems to be altogether unnecessary that he should come down at that time. Judge Symraes Avill be at this place in a day or two, and, I doubt not, he Avill agree to the recognizance of Mr. Cunningham being discharged Avhen the court meets ; but, if he should not, I engage that it shall be respited until a neAV one can be entered into, and a certificate forwarded, Avhich in that case will be necessary, and which you shall be inforraed of in due time ; and I haA'e much pleasure in doing this, because it Avould be hard to put the young man to the trouble of so long and expensiA^e a journey when no end can be an sAvered by it ; but particularly because you take an interest in re lieving him from it ; and, in truth, the circumstances of the times considered, it is rather to be Avondered at that he was not more deeply engaged in the business up the country. You certainly do rae justice, sir, by suggesting to yourself any rea son for ray not paying you my respects Avhen I Avas last in Washing ton, ratiier than Avant of inclination. The true and only reason was want of time, as I then thought. It Avas necessary that I should be at Muskingum as soon as possible, and I purposed to take a passage on the post boat, AvhIch, according to the information received from the postraaster at Pittsburgh, I had just time to overtake by leaA''- ing Washington early that morning, and it Avas late when I got in the night before. But, as there Avere no stages between that place and West Liberty, I could not go Avithout my breakfast, and I now know that it is impossible to get an early breakfast at Purveanc's, though not to be kept some hours in expectation of it at every mo ment. When I reached Wheeler, however, I found the postraaster kneAV as little about the course of the posts as about some other things he undertakes — it had gone a day and a half before the time he had raarked, and I had to Avhile away three days at that Avretched place before another opportunity offered ; it was a just punishment for the appearance of want of respect to you Avhich I had been guilty of, and Avhich I shall ahvays bear toAvards you. I pray you not to add to the punishment by supposing there Avas any thing more than the appearance, and to do me the favor to make my best respects to Mrs. Addison and Miss Grant, and to believe me to be, with my sincere regard, etc. See letters of Secretary Sargent in the Western Penn.5ylvania Insurgent Case, p. 329. Correspondence, Addresses, Etc. 353 Address of the Governor to the Legislature.' It gives me much satisfaction, gentlemen, after so long a separa tion, that we are again met in our legislative capacity. The great 'Agreeably to the proclamatiou before given, the Governor and Judges Symmes and Turner raet at Cincinnati on the 29th day of May, 1795, and organized as a Legislature under the Ordinance. Arraistead Churchill was chosen and coraraissioned as clerk, and took the oath of office prescribed by law. The business opened by a speech by Gov ernor St. Clair, as above, after w'hich the judges made a written reply in due form. When the session was fairly opened, on motion of Judge Turner, it was ordered that the dpors of the house be kept open during the session, for the adraission of such citizens as may choose to hear the debates. The journal of this novel legislative body is full of interest, but is too volumi nous for the scope of this work.^ Cl) The following extracts from the minutes may not prove unacceptable to the reader: Satueuay, May 30, 1795. Assembled according to adjournment. The clerk, having read the minutes of yesterday (and this he was ordered to do daily), the following petitions were next read, viz: 1. A petition of Joel WiUiaras, praying for a law to authorize hira to erect and hold a public ferry from his landing in Cincinnati to the opposite shore of the Ohio. 2. A petition of Rebecca Kennedy, to vest in her the keeping of a similar ferry. 3. A petition of Patrick Simpson, of Vincennes, in the county of Knox, praying to be enabled, by law, to satisfy a debt, confirmed to him by a judgment there, out of the debtor's real estate, by selling a proportion thereof. 4. A petition of Daniel Symmes, sheriff of Hamilton, concerning the better regu lation of the jail and the safe-keeping of prisoners. 5. A petition of the Judges and Justices ot the Courts of Common Pleas and Gen eral Quarter-Sessions of Hamilton. 6. Another from the Grand Jury of that county, in general quarter-sessions of the peace. 7. Another from a numerous body of citizens, inhabitants of the sarae county. The last three petitions prayed for certain new laws and alterations in others. 8. A petition of AVm. Lemond, praying to be divorced from his wife. The several petitions were ordered to lie on the table. Judge Symmes produced copies of the domestic and foreign attachment laws of New Jersey, and moved for their adoption. Laid on the table. Judge Turner moved to raake or adopt nineteen laws, which he had drafted. Laid on the table. That, if the house should deem itself competent to the purpose, he would, at a future day, move for the impeachraent of Henry Vanderburgh, Judge of Probate in t!\e county of Knox, for high misdemeanors by him coraraitted. Adjourned to meet on Monday at 9 o'clock a. m. Monday, June 1, Assembled according to adjournment. The Governor proposed for adoption an act of Pennsylvania, entitled " an act for taking lands In execution for the payment of debts." It was adopted underthe title of " a law subjecting real estate in execution for debt." Ordered, that in the present case, and on every future adoption of laws, the clerk do conform the bill to existing localities of the Territory, without otherwise affect- voL. II. — 23 354 The St. Clair Vapers. extent of the Territory, the distance betAveen the places of our re spectiA'C residences, the difficulty of assembling at any point at a ing the spirit of the laws so adopted: and that he drop all preambles and unneces sary or tautological phrases and words. Judge Turner moved for the repeal of th^it part of a law of the Territory which imposes a tax on merchants and traders. The motion was laid on the table. On motion of the Governor, it was agreed to adopt " a law regulating domestic at tachments.'' Moved by Judge Turner, that all laws and parts of laws which impose forfeitures of estates for crimes be repealed. Laid on the table. Adjourned. June Sd and 3d. The Legislature continued its work of forming laws. On the last named day, the Governor moved to repeal the Territorial law entitled, "An act prohibiting the sale of spirituous and other intoxicating liquors to Indians." Motion agreed to. On motion of Judge Turner, Resolved, That the Governor be requested to forward a representation to Congress, expressive of the increasing value of tlie reserved public sections of land, some of which could now be vended for valuable considerations, to the furtherance of re ligion and education. The Legislature met daily until far into August, and transacted a great deal of very important business. The report of the commissioners for licensing taverns and merchants was received and filed. Mr. Stephen AVood, Treasurer of Hamilton county, was called on to produce his books and papers, but as they were found defective, he was permitted to withdraw them for correction. When finally presented, on thc 7th of August, I note that the receipts and disbursements proved to be as follows: Eeceived from all sources .?2,567 49?^ Disbursements on orders $2,049 03 Five per cent, on eommi::?ions 1'2(1 07 ¦ 2,175 10 Balance $392 39"^ AVilliam Maxwell was authorized to print one thousand copies of the laws for pub lic use. [The work was done as contracted for, and the laws as thus published are known as the "Maxwell Code. "J August 7. Sealed and signed nineteen engrossed bills, and declared the same to be laws of the Territory, to take effect at the respective periods therein mentioned. Saturday, August 8. Assembled accordingly, examined bills, and adjourned to meet in the afternoon. Met in consequence, and resumed the examination of the bills. Adjourned till Monday morning, 9 o'clock. MONDAA", August 10. Assembled according to adjournraent. Eead and laid on the table, for further consideration, certain bills framed on the Pennsylvania Code. Adjourned to meet to-morrow at 9 o'clock a. m. Tuesday, August 11. Proceeding to the examination of engrossed bills, certain alterations were agreed upon, which the clerk was directed to make by to-raorrow. Adjourned till 9 o'clock a. m. of Wednesday, August 12. Judge Symmes produced the draft of a bill for limiting imprisonment for debt, and subjecting certain debtors and delinquents to servitude. Discussed, and a copy ordered to be engrossed. "A law limiting imprisonment for debt, and subjecting certain debtors and de linquents to servitude." Adjourned to meet to-raorrow morning at 9 o'clock. Thursday, August is. Assembled accordingly. Resolved, As the sense of this legislative body, that public convenience requires Correspondence, Addresses, Etc. 3-')5 given time, Avhile the only communication is by the river, which can not always be ascended, and often not without danger from the savages, must necessarUy render our appointed meetings precarious, and Avill, I hope, excuse my requesting your attendance at this time, without previous notice. It Avas, doubtless, owing to some or all of that the Governor should cause public ferries tobe established. And, whereas, as no law concerning forries can be f^und for adoption, but sueh as are of a local, not general nature, and it being essentially requisite that ferries should immediately be established throughout the Territory, and a, mode directed for fixing the rates of ferriage, Resolved, Tlierefore, that the Governor be requested to declare, by proclamation or otherwise, from tirae to time, what ferries shall be erected, by whom to be kept, and where; Resolved, Also, that the several courts of quarter-sessions be empowered, and they are hereby authorized and empowered to fix, from time to tirae, the rates to be de manded atthe ferries now or hereafter to be established in their respective counties, having regard to the distance which such ferry-boats have to travel, and the danger or difficulties incident to the same. August 15. Assembled accordingly. Judge Turner raoved, and it was agreed to, that all resolutions operating as laws, be from time to time printed and added to the laws, by way of appendix. The work of this Legislature is best shown by the titles of the laws as completed: 1. Subjecting real estate to execution for debt. [Pub. June 1. Toole effect August 15.] . 2. Regulating domestic attachments. [Pub. June 1. Took effect August IS.] 3. For the easy and speedy recovery of small debts. [Pub. June 3. Toole effect Oc tober 1.] 4. Concerning defalcation. [Pub. June 5. Took effect August 15.] 5. To prevent unnecessary delays in causes, after issue joined. [Pub.June5. Took effed August 15.] 6. Establishing courts of judicature. [Pub. June 6.^ Took effect August 15.] 7. For the limitation of actions. [Pub. June 10. Took effect October 1.] 8. For the relief of. persons conscientiously scrupulous to tako an oath in the common form. [Pub. June 11. Took effect October I.J 9. For the recovery of fines and forfeitures, and directing how the same are to be estreated. [Pub. June 11. Took effect Jime 11. ] 10. Ascertaining and regulating the fees of the several officers and persons therein naraed. [Pub. June 16. Took effect October 1.] 11. For establishing orphans' courts. [Pub. Ju-ne 16. Took effect October l.\ 12. For the settlement of intestates' estates. [P,ub. June 16. Took effect August 15.] 13. To license and regulate taverns [Pub. June 17. Took effect August 15.] 14. Establishing the recorder's office. [Pub. June IS. Took effect August 1.] 15. For raising county rates and levies. [Pub. June 19. Took effect October 1.] 16. For the relief of the poor. [Pub. June 19. Took effect October 1.] 17. Concerning the probate of Wilis, written or nunciative. [Pub. June 19. Took effect October 1.] 18. Eegulating inplosures. [Pub. June g5. Took effect October 1.] 19. As to the order of paying debts of persons deceased. [Pub. June 26. Took im mediate effect.] 20. Concerning trespassing animals. (P«6. June S6. Took effect October 1.] 21. Directing how husband and wife may convey their estates. [Pub. June X. Took effect A ugust 15. ] 22. For the speedy assignment of dower [Pub. July Ih. Took effect October 1.] 23. Giving remedies in equity, in certain oases. [Pub. July U. Took effect Septemr 'yer 1. ] 24. Annulling the distinction between petit treason and raurder. [Pub. July U. Took effect October 1.] 25. Declaring what laws shall be in force. [Pub. July II,. Took effect October 1.] 35G The St. Clair Papers. these causes that the proposed meeting in September last was frus trated. Bodily indisposition prevented me from keeping the last appointment, and the vexation that arose from a sense of the trou ble I had given to one of you gentlemen, and for any thing I then knew to both, added no little to that indisposition. It has for a long time past, gentlemen, been my anxious desire that the legislature should be convened. The circumstances of the Territory have required it in a variety of shapes. The civil and criminal codes are both incomplete; and if the community have suffered no real injury therefrom, they have at least experienced in conveniences. Other objects would also have deraanded our atten tion at an earlier day, but opinions entertained in the legislature of the United States as to the constitutionality, and, consequently, the binding force of the territorial statutes, rendered it, in a high degree, necessary. The Ordinance for the government of the Territory, passed by Congress in July, 1787, is unquestionably the constitution or charter of this colony. A bill, gentlemen, passed the House of Representa tives in the last session of Congress, and for disapproving of all the laws that had been enacted at this place, from July to December in clusive, in the year 1792, on the ground, as I am inforraed, that the Governor and judges have no power, by the constitution of the government, to make laws, but only adopt and publish such laws of the original States as should appear to them best suited to the cir cumstances of the inhabitants. Had that bill passed into a law, though the laws enacted Avithin the period referred to might have been the special object, the principle would have reached to every law existing in the Territory. The Senate did not agree with the House of Representatives, and, consequently, it did not become a law ; but if I am rightly informed, it Avas not owing to a difference 26. To prevent trespassing by cutting of timber. [Fub. July U. Took effect Au gust 15. 27. Eepealing certain laws and acts, and parts of laws aud acts. [Pub. July U. Took effect August 14.] 28. Eespecting divorce. [Pub. July 15. Took effect October 1.] 29. For the partition of lands. [Fub. June 17. Took effect October 1.] 30. AUowing foreign attachraents. [Pub. .July 15. Took effect October 1.] 31. Concerning the duty and power of coroners. [Fub. July 16. Took effect Au gust 15. \ 32. For continuing suits iu the general and circuit courts. [Pub. July 16. Took im mediate effect.] 33. To suppress gaming. [Fub. July 16. Took effect October 1.] 34. As to proceedings in ejectment, distress for rent, and tenants at will holding over. [Fub. July 17. Took effect October 1.] 35. Limiting imprisonmeet for debt, and subjecting certain debtors and delin quents to servitude. [Fub. August IS. Took effect August 15, \ Correspondence, Addresses, Etc. 357 in opinion, but as they considered them all 'ipso facto void, they thought it improper to declare any of them so by an act of the leg islature. It has always been my opinion, gentlemen, that Avhenever the laAvs of the Territory Avere considered by the legislature of the United States in a constitutional point of view, they would be annulled. And, although I gaA'e Avay to the mode that has been pursued iu forming them, and have assented to many of them, it was not till after a long altercation with the first judges, Mr. Parsons and Mr. Varnum, that it was gone into. I found myself, in some raeasure, forced to it ; for I Avas not happy enough to be able to convince them of its impropriety, and, unless the one or the other receded, so ciety must have been in a state of anarchy, and I preferred submit ting to what my mind disapproved of rather than that the commu nity should be in such a situation, not doubting but Congress would soon correct it. NotAvithstanding the deference, gentlemen, I had to the opinions of your predecessors, Avhich, it was most probable, as they Avere men who had some eminence in the profession of the law, Avere more correct than mine, before I consented to the making laAvs, I thought it necessary, after all our conversations, to address them in writing more than once on the subject, and to put those letters on the records of the Territory as a kind of standing protest against the measure I was dragged into. As those letters were fully explanatory of my sentiments at that time, and they have not since been changed, I will take the liberty to lay before you some extracts from them, and from an address to the people on setting the governraent in motion : "You will observe, gentlemen, that part of the system Avhich bas been formed for this country, and is uoav to take effect, is tera porary only — suited to your infant situation, and to -continue no longer than that state of your infancy shall last. During that period the judges, with my assistance, are to select from the laws of the mother States such laws as may be thought proper for you. This is a very important part of our duty, and Avill be attended to with the greatest care." — Address at Marietta on opening the Oovernment, July 9tli, 1788. " Upon the application of the whole of the proprietors (speaking of the Ohio Company), a law specially regulating their property, in order to rescue it from the caprice of individuals, might with pro priety be made ; but whether the present legislature of the Territory could be competent, may well admit of doubt. They have power to adopt laws only." — Letter te the Judges, July 29th, 1788. 358 The St. Clair Papers. " But you will pardon me, gentlemen, for mentioning once more, that I suspect Ave are overpassing the line of our duty in forming new laws in any case; and that, when we do so, the necessity of the case can be our only justification. The Ordinance of Congress era- powers us ' to adopt such laws of the original States, criminal and civil, as may be necessary and best suited to the circumstances of the district.' In departing frora that rule, Ave certainly expose our selves to censure frora Congress ; and besides, there may be some doubt as to the validity of such laws as are adopted and published under any other ; and it may not be unworthy of your consideration Avhether, upon an exception being taken before you, in your judicial capacity, you would not be obliged to decide against the law, and declare it a nullity. I agreed to the militia laAv fully under the im pression of these sentiraents, because the necessity of self-defense must supersede other considerations." — Letter to tlie Judges, July 30th, 1788. "I was in hopes that my being informed of the precise meaning you had affixed to the AVord laws, as it Is used in the Ordinance of Congress, which empowers the Governor and judges to adopt such of those of the original States as may be necessary and suited to the circumstances of the district, and as it is used by you in your letter of the 31st July, would haA'e throAvn sorae light upon that letter, and shortened the ansAver I should be obUged to make to it. I must have been very unfortunate in the manner I expressed my Avish to knoAV Avhat that meaning was, for the Avord in the Ordinance is clearly distinguished from the ' codes or bodies of laAvs ' indefi nitely, ' as they refer in their general nature and spirit to the vast variety of objects about Avhich they are conversant.' I cau not find how this explanation applies ; I will not, hoAvever, trouble you any further about it, but proceed to reply to the letter. " I observe you say it is one of the questions arising out of mine of the 30th, Avhether, in forming and transcribing hiAA's, Ave should con nect Avith general subjects all the particulars that may have rela tion to those general subjects. Another is, hoAV far the particulars respecting the probate laAV should have influence. In forming laws upon general subjects, it may be difficult to connect all the particu lars that raay have relation to those general subjects. So far, hoAV- ever, as it is possible to recollect all the particulars, it should be done, and those particulars iuserted in and become parts of the same law. And after all the attention that legislators can pay to partieidars, it Avill be almost ahvays found, Avheu the laws are put in operation, that many things have been omitted and, consequently, must be sup- Correspondence, Addresses, Etc. 359 plied ; and frequently (from their taking a different direction from Avhat Avas intended), be explained. Forming and transcribing laAvs are two very different things ; for transcribing laAvs, to give a mean ing to the expression here, must be applied to some of the laws of the original States that may be thought proper to be adopted. I presume Ave must take them as Ave fiud them, so far as they apply to our circu'oistances. Hoav far the particulars suggested respecting a probate laAv may have influence Avith you, gentlemen, I knoAV not — they have very great influence Avith me. There is another cir cumstance besides, which influences me not a little. It was hinted at only, and distantly ; it may be projier to mention it expressly. When I have bound myself by laAV to the creation of an office, unless the poAvers and duties of the officer Avho is to fill it are detailed in the law, a difference of opinion may arise respecting those powers and duties, and I run the risk of being obliged to leave it to be guided entirely by the rules of the common laAV, supposing it to be an office knoAvn to the common law, or, by rules that I may think impose too much or too Uttle restraint. To this risk I am not Avilling nor is it proper to expose myself, because I should thereby lose, in that case, the control Avhich, I think, the Ordinance has given me in all cases. Here again I am afraid I have the misfortune to differ Avith your honors, for, from another part of your letter, it seems to be your opinion that when the judges agree in adopting a law it avIU acquire the requisite validity Avithout the consent of the Governor. The passage in the Ordinance is in these AVords : ' The Governor and judges, or a majority of them, shall adopt and publish,' etc. It is true, the punctuation would favor the construction you seem inclined to put upon it ; but I believe it is not the true sense, and that Congress intended that the assent of the Governor should be neces- sary to all laAvs adopted during this stage of the temporary govern ment, as Avell as to all laws formed by the general assembly, after it shall have been organized. I presume, gentlemen, that Congress thought there Avould be an impropriety, at least, iu leaving the adop tion of laAVS by Avhich the people of the district were to be governed for a time, solely to the persons who Avere to expound them. Hoav much greater Avould that impropriety be, if it goes not only to the adoption, but the formation of laws. The judges would, in that case, be complete legislators, Avhich is the very definition of tyranny ; and, though that arrangement might, in your hands, gentlemen, produce no evils, no man can tell hoAV long this stage of the govern ment Avill last, or who may be your successors. Nor could it fail to 360 The St. Clair Papers. produce much uneasiness in the minds of the people over Avhom so possibly oppressive an authority was established. " I acknoAvledge I do not perfectly understand what is meant by the ' ties, connections, and subordinations,' that are said to exist in colonial governments, and ' to which laws must be applied.' I do not take those ties, connections, etc. (whatever they may be), to be at all the object of laws. By making them the objects of law, ' the existence of government might, indeed, be endangered.' No law which could have a tendency to weaken or destroy the ' ties, con nections, and subordinations ' of this district Avith the United States could, consistent Avith our duty, be either formed or adopted ; and laAvs that might have a declared purpose to strengthen those ties Avould, in effect, Aveaken thera, because they rest upon another foundation, which every such law would tend to sap. It is unsafe ground, and ought not to be traveled upon. I presume not to say what ' the poAvers ought to have been.' As they are, and as I under stand thera, they seemed calculated to answer all the purposes ' the framers of the Ordinance ' could have had in view, viz : ' to pro vide for the safety and happiness of the people who might reraove into this country, and to protect their property until they should be sufficiently nuraerous to legislate for theraselves, and to preserve them in a due dependence upon the general Government.' I agree with you, gentlemen, that the ' clause in question,' and every other clause in the Ordinance, should receive a liberal construction whenever they are in the least doubtful ; and as it partakes of the nature of a charter, is to be expounded ' favorably to the grantees.' But it is one thing to construe a grant liberally and another to add to the grant by construction, what Avas never in the contemplation of the grantor ; and this is precisely Avhat I think Avould follow should your opinion upon the clause be thought the best. That we may adopt ' laws of any of the old States,' if wo think they suit our circum stances, there can be no doubt, for that is the genuine and liberal sense of the clause. That we may adopt ' such parts of any par ticular laAV as may be necessary,' is within the spirit of it. That we may make a laAv (for here the Avord adopt will not serve us), con sisting of ' different parts of the laAVs of different States, and change the diction,' I believe Ave have no poAver to do. I can not discover the difference between this and legislating originally, Avhich, sc far from perraitting us to do, in my opinion, it Avas the design of Con gress to prevent." — Letter to the judges, August 1, 1788. As this construction, gentlemen, gives a clear, distinct, and con sistent sense to every part of the Ordinance, which, as has been ob- Correspion dence. Addresses, Etc. 361 serveh, is the cdarter of the Territory, it is probable that it is the true construction. I shall, therefore, recommend to you again to give that instrument an attentive perusal, and compare the letter and the spirit of it with the manner in Avhich Ave have hitherto pro ceeded; and if you find any opposition or discordance betAveen them, I am certain you will advise an immediate change of measures. While I am on this subject, I will trouble you with one observa tion more, though it might, perhaps, be brought forward Avith more propriety as a reason for repealing a particular laAv. It is this, that the people are entitled to judicial proceedings, according to the course of the common law, is an express article of corapact between the original States and them. It seems to me, that, supposing the power of the Governor and judges to make laws were clear (Avhich it certainly is not), the law prescribing the forms of Avrits and pro cess has greatly narrowed the right resulting from that article, and cases will arise to which it Avill be found to be AvhoUy inapplicable ; and that, contrary to the spirit of the common laAV (Avhich does not permit the blending of different remedies for the same Avrong, or prevent a choice of the remedy where it has given more thau one), a humane creditor is, in some cases after judgment is obtained, com pelled to imprison his debtor, or forever forego his remedy against him. The vast variety of Avrits known to the common law of Eng land were introduced for the safety of the people, and the learned Judge Blackstone, speaking of some difficulties arising to the law student, not to the people, from that variety, breaks out into a kind of rapturous exultation : " This difficulty," says he, " hoAvever great it may appear, will shrink to nothing upon a nearer and more fre quent approach. And, such as it is, it arises from the excellence of our English laAvs, which adapt their redress exactly to the cir cumstances of the injury, and do not punish one and the same ac tion for different wrongs which are impossible to be brought within the same description, Avhereby every man knows what satisfaction he is entitled to expect from the courts of justice, and as little as possible is left in the breast of the judge, Avhom the laAv appoints to administer, and not to prescribe the remedy." Black. Com., Vol. 3, page 266. And, again, on the next page, he observes " that this in tricacy of legal process will be found, when attentively considered, to be one of those troublesome, but not dangerous, evils Avhich have their root in the frame of our constitution, and Avhich, therefore, can never be cured without hazarding every thing that is dear to -as. In absolute governments, where new arrangements of property and 362 The St. Clair Papers. a gradual change of manners have destroyed the original ideas on Avhich the laAvs Avere devised and established, the prince, by his edict, may promulge a neAV code, raore suited to the present eraer gencies. A single legislator — a Solon or Lycurgus, a Justinian or a Frederick — raay at any time form "a concise and, perhaps, a uniforra plan of justice ; and evil betide that prcsumpituous subject who ques tions its wisdom or utility. But, Avho that is acquainted Avith the dif ficulty of new raodcling any branch of the statute laAV (though re lating but to roads or parish settleraents) will conceive it ever feas ible to alter any fundamental point of the common laAV, Avith all its consequents and appendages." WhateA'er, gentleraen, may be your sentiments on reconsidering the subject of our legislative poAvers, tAvo things are clearly Avithin them, viz., to adopt and publish laws and to repeal those of our oavu making. The first is, indisputablv, given by the Constitution ofthe Territory, and the second by the act of the United States. That all doubts, therefore, raay be reraoved, I Avould advise an iraraediate repeal of all the laAvs of the Territory, and that laws of some or all of the original States be adopted and published in their stead. In doing the last, Ave shall act in strict conformity to the spirit and the letter of the Ordinance ; and if the laws adopted are disapproved by Congress, it can only be on the ground of their inaptitude, an objection which, it is to be hoped, they will not be open to. In doing the first, Ave shall exercise a 230wer expressly conferred by laAV, and, therefore, not llalde to censure. Neither does it appear to rae, gentlemen, that there can be any inconvenience or much trouble in the business ; for all the laws that are thought necessary may be agreed upon and prepared, for they Avill require some j)reparation, and their adoption go hand iu hand Avith the repeal of the others. Another consideration, gentlemen, will certainly have some Aveight, as I also observed to the former judges. Exceptions to the constitu tional obligation of the laAvs raay be taken in the courts of law, and you raay find yourselves obliged, as judges, to decide against laAVS enacted by yourseh'es as legislators — an embarrassing dilemma ! In this matter, as in every thing else which can contribute to the safety and hapjslness of the people, it will ever give rae pleasure to concur Avith you ; but should it happen that on this subject our sentiraents continue to differ, I avIU, at another time, point out to you several laws Avliich, in ray opinion, should be repealed at all events, together with my reasons for that opinion. I will trespass, gentlemen, but a moraent longer on your patience, Avhile I com municate another reason Avhy I had rauch Avished a meeting at an Correspondence, Addresses, Etc. 303 earlier point of time. It was produced by sorae proceedings of the judges of the County Court of Common Pleas for the county of Hamilton. The original commission to that court ran without any limitation as to its duration. The secretary of the Territory, at a time when the poAvers of the Governor devolved upon him, for good reasons, thought proper to issue a new commission to that court, Umited expressly to continue in force during pleasure. The judges of the court had mistakenly considered the Avant of limitation in the original commission as rendering it equivalent to one expressly conditional to continue in force during good behavior; and that, of course, it could neither be revoked nor superseded, but in conse quence of some misdemeanor legally ascertained. They refused to be SAVorn in under the ucav commission, and proceeded to assemble and do business as a court under the original one. As their proceed ings in that case Avere clearly vicious, for the new commission su perseded the former one, and as it may be that considerable property rests upon adjudications then made by them, I should have recom mended an act to render them valid. The poAver of granting Avrits of habeas corpus, Avhich is, I believe, exclusively in the judges of the general court, has also been claimed, and in one instance, as I am inforraed, exercised by those judges. Although, under my pres ent impressions, I can not now recommend, and could not consent to a laAV to sanction those proceedings, Avhich must, if called in question, stand or fall upon their oavu merit or demerit. Yet, I think there would be no impropriety in the Governor and judges declaring their sense upon them both, and I am persuaded it Avould have the salutary effect to keep the administration of justice steady and reg ular, and its stream undisturbed. Answer op Judges Symmes and Turner to the Governor's Speech delivered in their Legislative Capacity. We reciprocate with your Excellency that satisfaction which you have been pleased to express at the opportunity that now enables us to assemble in our legislative capacity ; and the raore so, since Ave are sensible of the difficulties that occasionally must occur in bring ing the legislative members together at given times. Permit us to congratulate you, sir, upon seeing you again among us. That our codes, botb civil and criminal, are incomplete, and that, in consequence, the people have experienced inconvenience is un questionable. But nothing, on our part, shall be Avanting to concur 364 The St. Clair Papers. with you, sir, in obviating existing defects, and making such legis lative provision in the future as may be most conducive to the pub lic weal. The opinions entertained in the legislature of the United States, as to the force of our Territorial statutes, are peculiarly en titled to consideration. We acknowledge that the Ordinance of 1787 is the Constitution of this Territory. But doubts have arisen as to the construction of it. From these doubts, and the apparent difficulty of selecting laAvs from the original States suited, In all cases, to the local circurastances of the Territory, and from the words " adopted or made," as used in the Ordinance, we may infer that the principle of enacting grew up in preference to that of adopting laws. To some of us, in deed, there appeared to be in the Ordinance a degree of ambiguity that might seem to justify either the one or the other ; and, though the instruraent points to distinct periods of tirae, yet those periods do not seem to be so strongly marked or separated as not to be open to a difference of opinion. That respect Avhich is due to the legislature of the General Gov ernment will, however, always incline us to pay the greatest defer ence to its opinions. Your Excellency tells us that, for annuUing certain enacting statutes of the Territory, a bill had lately passed in the House of Representatives of the United States, and was non- concuri ^d in in the Senate, as you are informed ; not frora a differ ence of opinion, but from a persuasion that such statutes were ipso facto void in themselves, and, therefore, improper to be declared to be an act of that legislature. Let us advert here to an act of Congress passed May 8, 1792 ; we shall there see, if not a direct, at least an implied recognition of the power to enact, as exercised by the Governor and judges. Sec. I. "The laAvs of the Territory of the north-west of the River Ohio that have been or that hereafter may be enacted by the Governor, judges, etc." And again. Sec. II. "The GoA'ernor and judges of the Territory north-west of the River Ohio shall be, and hereby are authorized, to repeal the laws by them made, etc." Whether these clauses had any, and Avhat influence towards con tinuing the practice of originating laAVS, is not for us to say, as one of us only was present at the last session. But, it may fairly be presumed, their Aveight would be inconsiderable. As it seems, sir, to be your opinion that the legislature ought to confine itself to the principle of adoption alone, we are ready to meet you on that ground, in order that no impediment may lie in the way of legislative duty. There being but a bare majority of Correspondence, Addresses, Etc. 365 the members assembled, unanimity now becomes indispensable. Without this, our legal code, by far too inadequate, at present, to ansAver the ends of good government, would remain as it is, and our meeting prove nugatory. It is true, however, and we mention it with regret, that there are some laws of which the Territory is in great need, but which, from tbe locality, we despair of finding among those of the original States. The chasm In this case can only be supplied by the authority of Congress, expressly extended to us by statute. But, Avhether that honorable body, whose legislative functions are of a general nature, would think it proper to interfere in this respect, is a question that belongs not to us to determine. In one of the quotations from your correspondence with the former judges, and with which you have favored us in your speech, it seems that a difference of opinion existed as to a negative on the laws then claimed by the Governor. You have said, " there Avould be an im propriety, at least, in leaving the adoption of laws by which the people of the district were to be governed for a time, solely to the persons who were to expound them." We grant the impropriety. The time when the Ordinance was framed, the temporary government which it had for its object, and the early existing circumstances of this country, must plead its apology. But, we would submit to your Excellency whether this impropriety could either be lessened or removed by leaving to the Governor a negative on laws to be adopted by a legislative body, never composed of more than four and generally of but three mem bers, when he has a right to sit as one, and as one to debate and vote on those laws in common with the rest ? What does the Constitution say? " The Governor and judges, or a majority of them, shall adopt and publish,'' etc. Words, we pre sume can not be stronger, let the punctuation be what it will. To us, they convey a prompt, a decisive meaning, namely, that the three judges may assemble in the Governor's absence and adopt laws at discretion. Besides, sir, the word negative is not to be found throughout the Constitution or Ordinance, so far as it regards the present government. Painful as it is for us to differ, in any instance, with your Excel lency, yet the subject in question being now before the public, pub lic duty (and, we dare say, your own wish) requires that our opin ions should not be suppressed. We will recollect, sir, that when we first had the honor to meet you at this place in our legislative capacity, you expressed doubts S66 The St. aair Papers. of our constitutional jboAver to malce laAvs. We reraember, too, that the best consideration we could then give the Ordinance inclined us to believe that the poAvers either to adopt or make laws Avere optional as to the legislatiirs. If our construction of the Ordinance be in this respect faulty, it must have arisen from that seeming ambiguity we have already noticed. We agree that " the poAver of the Governor and judges to repeal la AVS by them made," is not to be found in the Ordinance. It Avas superadded, as you have observed, by a hiAv of the United States. Nor do we hesitate to declare with you, sir, that it Avould be " too broad an inference" to draAV from the AVords "by them made" — an implication that might contradict either the spirit or the letter of the Ordinance. Enacted would be a much stronger word ; it is a Avord of unequiA'Ocal purport, and may be found, as we have already shoAvn, in the preceding section of the same act. We do not, how ever, raean to say hoAV far the fundamental principles of a compact betAveen the people and the government can be affected by subse quent acts not sanctioned by the consent of the former. Cordially Ave unite Avith your Excellency in expressing our disap probation of that laAV Avhere a form of process is established that AA'ould compel a humane creditor to imprison the body of his debtor. The form, though borroAved from the Massachusetts code, is not, in our opinion, congenial to the mild genius of the common law ; and, therefore, we shall cheerfully concur AvIth you in the repeal of that part, or the Avhole of the laAv, should it be found needful. Pursuant to your recoraraendation, we shall join you in taking into serious deliberation the proposed repeal of the present laws. In all raatters that raay proraote the safety and happiness of the people, the judges Avill ever be forward to concur Avith the Gov ernor ; and on this foundation we earnestly embrace your proposition. With you, sir, we regret that we could not convene before the present moment, especially as a legal question raay arise Iioav far the proceedings of a subordinate court have, in the instance to which you allude, been conformable to the limits of their power. No county court, nor judge of a county court, can issue a habeas corpus ; that writ lies from a superior poAver alone. But we are sorry in not being equally fortunate to form a concurrence of opinion with your own upon the other case stated respecting the same judges. It has been our uniform sentiments that no judge of a court of record ought to hold his commission dui-ing pleasure ; for that Avould sap the independence of the bench by making hira the creature of Correspondence, Addresses, Etc. 367 the Executive. It Avould not accord with the Constitution of the United States ; nor, we believe, with the Constitutions generally of the individual States. It would be at variance Avith the genius of our laAVS and the protection of person and property, upon Avhich life and liberty greatly depend. We are persuaded your Excellency's ideas will, in the end, meet ours in this respect. As we shall uoav cease to trespass further on your patience, accept again, sir, our professions of readiness to unite, at all tiraes and on all occasions, in laboring for the common weal by transfusing into the public mind those Avholesome rules Avhich, while they discourage vice, promote virtue, protect the Aveak against laAvless force, and deny liberty to none but those who shall justly forfeit it by their crimes and the laAvs of the land. Such, Ave trust, avIU ever be the objects of a legislative body convened for the purpose of providing useful laws. John Cleves Symmes, G. Turner. Observations on Extending the Jurisdiction of a Single Magistrate in the Trial of Small Causes, by Goveenoe St. Claie, in the Legislatuee. The Governor said he was opposed to the extension generally, for a variety of reasons. He observed that, in England, from which our laAvs and our practice had generally been draAvn, no such poAA'er Avas lodged in the hands of the magistrates singly.^ There Avas in deed, in that country, a court that decided in a summary way upon demands that did not exceed forty shilUngs sterling, and to that sum its jurisdiction stands limited to this day. The reason of the law establishing that court was, doubtless, to relieve persons in nar- roAv circumstances from the delays usual in courts of record ; but, though it was called the sheriff's court, the poAver of deciding Avas ^ June 3, 1795. In the Legislature, it was raoved by Judge Symmes to extend the powers of single magistrates in the trial of causes out of court, as great inconveniences were left from their jurisdiction in that respect being so limited as it is at present. The Governor observe! that he had objections to any extension of that power which he thought would haA'e iveight, but should decline mentioning thom until he knew how far it was proposed to extend the power. The judge then proposed the sum of twenty dollars; to which, after some conversation, Judge Turner assented, that being, as he observed, about the usual price of a cow and calf in the western country. 368 The St. Clair Papers. not vested in him, but in a number of judges, and he was properly the ministerial officer. In that country, there was a vast number of people Avho had scarce any property, and depended upon tbeir daily labor for the raaintenance of theraselves and families by the wages they earned. It was to secure to those people, to whom tbe delays of courts would have been absolute ruin, the certain and speedy payment of those wages that the court was established ; it was at least a leading reason and a principal object. As there were in the colonies, persons of the sarae description, though in a much smaller proportion to the Avhole people; and, as no such court as that of the sheriff had been established in any of them, it became necessary to provide for them in another way, and that was by giv ing power to single justices, in a summary way, to deterraine de mands not exceeding forty shillings current money, and to that sum the power was liraited for a great length of time. The reason of the laAV was at last forgotten, and, a kind of commercial spirit spreading AvIth the increase of property, laAvsuits became frequent, and it was supposed that this extension of the power of single magistrates raight be made use of as a means to check them ; and, from a laAv intended solely for the use of indigent people, it was converted into a regulation of police, and became to them an instru ment of severe oppression. Consider, gentlemen, that all the delays in courts in the recovery of debts, and in countries at all commercial debts will be contracted frequently, are in favor of the debtor. If a debtor who, from that state of things, may have debts outstand ing and not due at the time of demand made by his creditor, can uot avail himself of those delays, the consequences seera certain that what little property he raay be possessed of will be seized and sold for less by one half, perhaps, than its worth (for we all know that goods sold by public officers never reach near the value), and not improbably to that very creditor, who thus gets double his de mand and ruins his debtor. But of the town of Cincinnati, and one or two places more, where there may be dealings between trad ing people, it is probable that, for some time to come, there Avill be no litigations where the thing in dispute, or the debt demanded, will exceed twenty dollars ; think, then, of the consequences of all the litigated property of a country being subjected to the arbitrary decisions of single justices, often entirely ignorant of laAV and of the rules which ought to govern testimony ; in a summary way, too, and without the intervention of a jury. Is it not certain that the decisions will often be contradictory ? One justice, in cases exactly similar, deciding one way to-day, another justice another way to- Correspondence, Addresses, Etc. 369 morrow, and a third in a manner different from both ? Every rule of property, wrherever fixed, now must be set afloat, and, conse quently, disputes be multiplied almost to infinity. I can hardly think of any condition more to be lamented, and know of few evils greater than such an uncertainty as this must introduce. From the petitions on the table it seems the people here expect, as they have done elsewhere, that the extending the magistrates' jurisdiction would be a means of rendering laAvsuits less frequent. That it would render applications to the courts less frequent there can be no doubt; but a laAA'suit is as much a laAvsuit before a justice as before a court, and, though not so expensive, has much worse consequences. The consequences Avould follow for the reasons I have already assigned, to wit : that the proceedings are sumraary, and the execution prorapt. It is putting into the hands of a hard creditor (and how often is it not seen that the wealthy creditor is a very hard one) the means to oppress an honest but indigent debtor, and to rob him of one-half of his little property, Avhich might have been prevented if the time the usual proceedings the courts demand bad been allowed him, and he could have called in his outstanding debts ; he raight have found means to borrow, or he might have pledged that very property, and afterAvards labored for its release. A Averse mischief is still behind; this kind of jurisdiction fosters a contentious revengeful spirit among the peojsle. I haA'e seen some of the raeetings before magistrates in the United States on their law days, as they call thera, Avhen the business Avas transacted Avith little or no solemnity, and Avhere a looseness Avas alloAved for abuse and recrimination that had a bad effect, not only on the manners of the parties litigating, but on those of all the auditors ; and the very considerable numbers attending them, especially on the afternoons of Saturdays, the tirae generally chosen by those who have no manner of business, and they seldom failed of returning Averse citizens, worse neighbors, and worse men, and in settling one dispute the seed of a great many were sown, besides much extortion is often practiced ; to be convinced of which it is only necessary to look into the statute books of any of the States, where numerous laAvs are to be found for preventing and correcting it. Compared with these, the difference in the expense shrinks to nothing, and becomes lighter than the dust in the balance — that difference, too, ultimately faUs upon the debtor, and may be considered as the price he pays for his failure in pay ment. If that failure has been involuntary, he pays it cheerfully, because it has procured him the time, at least, to bave the money VOL. H — 24 370 The St. Clair Papers. without sacrifice of his property and entire loss of credit. If it has been voluntary, it is a just punishment for that species of dishon esty Avhich the law can not reach in any other way. But it seems it is also expected that the extending the jurisdiction of single magistrates will lessen laAVsuits by checking credit. The effect, I believe, if we may judge from experience, wiU be directly the reverse. While credit can be easily obtained, debts will be con tracted, and soraetiraes by persons who know not at the time how they are to discharge them. But surely, credit will be more easily obtained when the creditor has a prompt way of compelling pay ment than when the laws offer him one only, which may be attended with considerable delay ; and whUe that prompt remedy exists he will not, in many cases, be anxious to know how the applicant pro poses to pay him, provided he is satisfied that he possesses sufficient property. The effect, then, must be by increasing credit to multiply lawsuits. There is yet another evil Avhich attends the summary jurisdiction. The entrance upon a litigation is attended Avith so little expense or trouble, and the judge is so near at hand, that on the first motion of anger, of revenge, or sorae other of the malignant passions, off the creditor goes to a justice, pays down his ninepence, and gets a warrant that is to involve the faraily of an unfortunate debtor in extreme distress, and shut him up in a loathsome jail. To this very circumstance, that so little money is required in the outset, it is OAving that the litigious spirit has spread over some counties like a devouring pestilence ; whereas, Avere people obliged to Avait some tirae after the first eraotions of anger ; to travel some distance and advance some considerable money for a writ and a laAvyer, it is probable that many of those petty suits that now dis tress those counties, and banish- the social virtues, would be ended amicably. These evils, and many more, have all proceeded from extending the jurisdiction of single magistrates; and the rais chievous influence of it acts with so rauch regularity, that, knowing the character of a people as litigious or otherAvise you may tell with certainty Avhat is the spirit of their laws; and, contrariAvise, know ing the nature of their laAvs in this respect, you may, with absolute certainty, infer the character of the people. Although the administration of justice should certainly be so cheap as that every man may be within the reach of right, it should also be so dear, particularly at the first step, as that every body may be deterred from entering into lawsuits wantonly or to gratify a little revengeful disposition, to which they are too often prostituted. Correspondence, Addresses, Etc. 371 For these reasons, and I would add many more, I am against the proposition; nevertheless, as the people are solicitous, though I thiuk mistakenly, that it should obtain, and you, gentlemen, see none of the evils in it that alarm me, I shall consent to the jurisdic tion of single magistrates being extended to demands under five pounds, with an appeal to the courts ; leaving their final jurisdic tion limited to five dollars ; and, to that end, will propose the adopting of an act of the Assembly of Pennsylvania to that effect. Governor St. Claib to the Judges of Hamilton County. Cincinnati, Jmw 1st, 1795. Gentlemen : — ^The address you were pleased to forward me from your last February session has been received, and I thank you for your congratulations on my return and your kind Avishes for the preservation of my life, as well as the regret you have expressed that I have not fixed my residence among you. The vast extent of the Territory, and the distance betAveen the settlements — there is very little connection they have with each other — which are, nevertheless, stretched out from one extremity of it to the other, render it scarce possible for the Governor to have a fixed residence anyAvhere at present, and he is, in consequence of that situation of things, frequently exposed to experience much fatigue, and, at times, no little danger. Magistrates, gentlemen, will be appointed for the new toAvnships you have pointed out, and all vacancies filled up. But I must take the liberty to observe to you that, though I bave always been pleased to recei\'e from all or any of you, in your private characters, in formation with respect to persons Avho may be qualified to fill offices, or any other subject that respects the common good, in your public character as courts, I can not receive recommendations for persons to compose, parts of those courts. Evils of very great magnitude might grow out of the practice, and, at last, the independence of the Governor in his appointments be destroyed. On extending the jurisdiction of single justices, the grand jury, at the February sessions, made a representation to the legislature, which, together with yours on the same subject, has been laid before them. That tbe sessions of the courts have been drawn out to such a length as to be burdensome to the inhabitants, particularly the gen- 372 The Sl. Clair Papers. eral quarter-sessions of the peace, I am very sorry for, and can not tell well hoAV to account for it. In the United States, in counties where there is a greater number of inhabitants beyond comparison, the business in the quarter-ses sions is always dispatched in two or three days, and in most of them a session of that court is restrained by laAV from sitting longer. May it not arise from business being done at the general sessions that might as AveU be transacted at special or private sessions ? Few persons are obliged to attend, and none who have not iraraediate business. Indeed, the principal design of granting a poAver to hold special sessions was, I believe, to ease the general sessions of that kind of business. Be the cause Avhat it may, it is a great grievance, and some remedy should be applied, toAvards Avhich any thing that falls within the line of ray duty shall not be withheld, and if it is not Avithin that line, if my counsel can be of use, it will be given Avith pleasure, for it is a great object Avith me that the people, while they find safety, peace and good morals resulting from the laAVS, should, at the same time, find ease and convenience in the adminis tration of them. Governor St. Clair to William St. Clair. Cincinnati, June Sd, 1795. Dear Sir : — An accidental opportunity offering to your country, I can not let it pass Avithout dropping you a line. My last, by Mr. McKenzie, I hope you have received. The proceedings of Judge Turner altogether, and particularly as they respect you, surjjrise me exceedingly — for sorae of them he raust undoubtedly ansAver in an other place ; and, as the Avhole of thera Avere clearly illegal, so far as you are concerned, they avIU undoubtedly be reversed, Avhich I Avill put in train before Judge Symmes, AA'ho proposes to accompany me to your country, leaves this place. I can not yet tell you, how ever, when that will happen. The records, I understand, are in the hands of Mr. Jones, but in what manner he became possessed of them I do not Avell know. Frora some occasional conversation Avith Mr. Turner I have been led to suspect that you have been forced by him to appoint him (Jones) your deputy ; if so, I am sorry you complied, though I can not think you Avould appoint Jones voluntarily a deputy, of such known bad character. You should have let hira take possession of them if he would, but not to take them out of your hands in any way without legal process. If he is your deputy, the records are still in. Correspondence, Addresses, Etc. 373 your possession, and you are ansAverable for his conduct, and no act of Judge Turner's in the business a\ ill relieve you should he falsify them. You should, therefore, displace him, Avhich I desire you may do immediately. Besides, the office of register of deeds can not be executed by deputy. As there is no laAv to compel the register to keep the records at any particular place in the county, and as there are three towns in the county pointed out by laAV for the sessions of the courts, there is no one in particular the acknoAvledged county- toAvn. You are, therefore, at liberty to keep your office in any part of the county that may not be inconvenient to the people, and Judge Turner Avas Avrong in supposing he had a poAver to fix a place, and still farther Avrong in exerting it to oblige you to fix it in any particular place. What is become of Drouard ? Is he an inhabitant ? If he is, or if he is not, be ought to send forAvard his complaint. From Avhat I knoAv already of that business, and I know but little, he Avill re cover very ample damages ; but if he does complain, the circum stances of the seizure, the place Avhere it Avas made, the division made of the goods (if there was any division^ as I understand them, for it is said the judge took one half of them and suffered him to depart with the other lialf,)and every thing relative to the trial, condemnation, and sale, should be set forth and authenticated as well as it can be. The honor of the United States is concerned to do him justice, and I do not question, if he seeks it in a proper manner, he Avill obtain complete justice and araple damages. The court, the judge held Avas altogether illegal, and, of course, no court, so that whatever hapipened at it is absolutely void, and must be re dressed. What happened at it as respects yourself need give you no trouble, as the prosecution against you Avas evidently malicious, and evidently calculated to justify his other proceedings against you. When the proceedings of the court are set aside, Avhich they must be, you may recover araple damages against ; but keep this to yourself until you see me ; it Avill not be araiss if you let Mr. Du Moulin know. It might not be improper if a petition to Con gress Avere set on foot, setting forth that Judge Turner has held a session of the Supreme Court, at which some oppressive things Avere done, contrary to laAv ; in that the session in your county is ap pointed to be held in June only, and this Avas held in February, and March or April ; but be careful to set forth nothing but what can be supported by testimony, and that thereby the people have not only been put to much trouble and expense, but, as it is appre hended, the proceedings are all void in themselves; for a court, 374 The St. Clair Papers. though held by the proper officer, if held at different time than that appointed by law, is in truth no court, as you are instructed, and the same litigation is to be gone through, and the same expense m- curred at the proper session, whenever it happens. I hope, how ever, that redress may be had sooner, and in an easier manner, but that depends upon the adoption of a laAV that is now under consid eration. If it is adopted, Judge Symmes will be in the county this summer and hold the court as it ought to be held. I have inclosed the copy of a proclamation. I hope inquiry has already been made into the business, but I fear not, for, as it happened Avhile the judge was in the country and he did not take any measures to cause the murderers to be apprehended, it is raost probable the county raagis frates have taken none. Spur them up to the execution of that part of their duty on which their own safety so much depends. General Wayne to Governor St. Claie. Headquaetees, Geeenville, June 5, 1795. (Sir;— -It would appear that certain evil-disposed people in the State of Kentucky are deterrained to prevent an amicable treaty ' from taking place betAveen the United States and the Indian tribes north-Avest of the Ohio, and to Avhose aggressions raay justly be at tributed aU the recent depredations committed by the savages. I had the honor to inclose you on the 2d inst. the information received from Captain Postner and Major Mills, relative to certain acts of hostilities coraraitted by a Mr. Whitesides and his gang of marauders upon the Indians in the Illinois country, which you probably may have more clearly and fully explained by applying to Mr. Israel LudloAV, who Avas on the spot at the time that the two Indian pris oners Avere basely murdered, when under the protection of the civil authorities, Avithout any legal notice being taken of it (as I am in formed), although the act Avas as notorious as it was atrocious. The inclosed information given by Lieutenant Jonathan Taylor, of the Fourth Sub-legion, Avho arrived from Kentucky on the 3d inst. , will account for the hostile conduct and attempts of the In dians upon the express and other boats on the Ohio, and which, I fear, will not end there, because the savages never fail to retaliate an injury with severe interest. ' A n'umber of the principal chiefs of the Chippewas and Ottawas arrived at this place on the 3d inst., from Michilimackinac, as deputies from those nations to attend the treaty. Correspondence, Addresses, Etc. 375- If the real object of Parson Findley and Mr. Massey and their party was to form a settlement on the Scioto, they took a very im proper mode to effect it by attacking and plundering the Indians (who were in a peaceable hunting camp), in place of gaining their friendship and confidence by acts of kindness and hospitality. This Mr. Findley can not be a disciple of the meek Jesus, other wise he would not thus wantonly bring war and desolation upon the innocent by the sinful aggressions of his guilty hordes of plunderers. A similar expedition had nearly taken place some time since by a party of one hundred men from the Falls of the Ohio, under a Colonel Hardin ; but the colonel, being a man of prudence, Avas dis suaded from it by Mr. Miller and Major Mills, who assured hira and the people that the preliminary articles had been signed for a cessa tion of hostilities. Part, however, of the detachment could not be prevailed on to desist ; they crossed the Ohio Avith the intention to murder and plunder. Captain Postner, having received tiraely no tice of their intention, gave Avarning to the hunting parties of In dians in the vicinity of his post, Avho all came in under his protection, and thereby avoided the premeditated injury, which, probably, has been the means of saving the settlement of Post Vincennes from destruction. These repeated acts of aggression are very unpleasant, alarming and serious, and unless some effectual measures are adopted to pre vent predatory parties from Kentucky crossing the Ohio, the inhab itants of the Territory, over Avhich you preside, Avill hold their lives and property by a very precarious tenure ; added to this, that a per manent peace Avith the Indians will not only be retarded, but eventually frustrated, unless these predatory parties are totally suppressed. Your own good judgment and experience will best dictate to you tbe most proper means to effect this desirable business, and in which I will most cheerfully co-operate, as far as may be necessary and consistent. The measures I had heretofore taken would most certainly have prevented the savages from injuring the inhabitants, or committing depredations, were it not for the nefarious conduct already mentioned. Governor St. Clair to General Wayne. Cincinnati, June llth, 1795. Si,f: — It gives me much pain, I assure you, that any obstructions 376 The St. Clair Papers. should be thrown in the way of so desirable an object as a peace Avith the savages, Avhich I am told you have a prospect of accomplishing, by any persons whomsoever, but .more so that they should come from inhabitants of the Territory over Avhich I preside ; for I am sensible it Is very necessary for them, as well as for the United States, and it must be embarrassing to you. The instances you point to in the letter you honored me with on the 5th inst. I have heard of before, and a proclamation respecting the murder of the Pottawatamies was issued on the 1st of this month. That was an offense equally deserving punishraent in Avar or in peace, because they were under the protection of the laws and in the custody of the officers. The other, said to be committed by Whitesides, can not, I believe, be inquired into, because, as I am informed, it happened before it Avas knoAvn that any cessation of hostilities had taken place, and the nation the Indians belonged to which Avere killed by his party Avas at open Avar. The late affair under Massey does not corae Avithin the sarae de scription, and though the people Avith him were generally from Ken tucky, he is an inhabitant of this Territory. If I can get any evidence Avhereon to proceed, an inquiry shall be made into it, al though it is probable that this party were really the aggressors in the affair. It seeras pretty certain that the saA'ages they attacked, and Avhose camp they plundered, Avill not ansAver the description of a party " Avho Avere iu a peaceable hunting camp.'' A part of thera were at that time in Kentucky for the express purpose of stealing horses, and killing one man, as a prisoner (Avhom they bad taken not long before) AV ho has escaped from them has given information. As I have never, sir, had any information on the subject of the armistice that took place between you and the savages, nor any knowledge of it at all but from a noAVspaper, it is very difficult for me to knoAV hoAV to proceed in case of mfractions, or to tell Avhat is an infraction ; and there may be a doubt hoAV far an agreement en tered into by a military officer for a cessation of hostilities, hoAvever binding on him, is binding on the people. As yet, sir, they have no notice of it, that I know of, in this Territory that wUl bind them at all. Parties from Kentucky, sir, with jDredatory designs against the Indians, you must be sensible, can not be prevented by any thing I can do from entering a country raostly uninhabited. AU that can be done is to punish thera after the act, if they can be apprehended. As prevention, hoAvever, is better than punishment, nothing to that end within my power will be withheld, and it would give me pleasure, Correspondence, Addresses, Etc. SU sir, to co-operate with you in any way to preserve peace that may be agreed to between the United Stales and the savages, Avhich, it is said, you are soon to negotiate. P. S. — I believe, sir, that much of the late injuries on the river and its vicinity has arisen from Massey's affair, but aU on the upper part of it was long before it and appeared to be wholly unprovoked. A man, too, bas since been killed at Muskingum. Wm. Bradford, Attorney-General, to Secretary of the Treasury. June 19, 1795. Sir : — I have attentively considered the question you stated to me yesterday, and have now the honor to transmit you my opinion ou it. I understand it to be the following, viz : Whether the act, lay ing duties on licenses for selling Avines and foreign distilled spirituous Uquors by retail, is to be considered as extending to, and operating upon, the citizens resident in the Territory north-Avest of the Ohio. There can be no doubt that all the laAvs of Congress, unless local in their nature or limited in their terras, are, in their operation, co extensive Avith the territory of the United States and obligatory upon every person therein, except independent nations and tribes of Indians residing on Indian lands. There is, I conceive, no ground for the opinion that the north-western and south-western Territories are not to be considered as comprehended in the general terms of a law, and that they must be especially and particularly named in an act of Congress in order to include them. Independent of the general principle Avhich governs in this case, it may be ob served that the Ordinance for their government explicitly directs that they shall be subject to all the acts and ordinances of the United States in Congress assembled. The contrary doctrine ought not to be admitted iu any case, much less in that ofan act laying "duties, imposts or excises," Avhich, by the express direction of the Constitu tion, must be " uniform throughout the United States." The act under consideration is not limited, either in its terms or its nature, to the several States, but extends to every person who shaU deal in the seUing of "wines or foreign distiUed spirits," etc., and must, therefore, operate throughout the United States Avherever there are proper organs for carrying it into execution. These are the supervisors and officers of inspection, Avho are (in the manner di rected in tbe act) authorized to issue the licenses and coUect tbe duty. 378 The St. aair Papers. The act for collecting a revenue on distilled spirits and stills cer tainly extended to every part of the United States ; but, as there was no authority for forraing districts and appointing the proper officers except in the States, the act could not be carried into execu tion in the north-west and south-west Territories. To remedy this defect, the President was authorized, by an act passed on the sarae day Avith that under consideration, to erect districts within the Ter ritories and to appoint supervisors, etc., therein. Supervisors, when thus appointed, iraraediately become the organs for carrying not only that act into execution, but also the license act, and I can per ceive nothing in the latter that can Avith reason be interpreted into an intention to exempt the citizens in one part of the United States from the payment of a duty which the Constitution directs shoidd be imposed upon the whole. Governor St. Claie, to Olivee Wolcott, Esq. , Seceetaey op the Teeasuey. \_No Date'], 1795. ;Sir:— Your letter of the 22d (20th) inst. met me at St. Vin cennes as I was on my return to this part of the country, and I have been so pressed Avith business, aU the officers being to be re-ap pointed before the raeeting of the courts in the respective counties, that I could not reply to it sooner. The opinion of the Attorney- General, inclosed in that letter, I have considered, and shaU make some observation upon it. But alloAV me to reraark first that noth ing but a supposition that the licenses that haA'e been in question had been sent forAvard by the inadvertence of some of the clerks, and a danger I apprehended to the revenue in another case, which I did not mention, Avould have induced me to desire the officer not to issue those licenses until I could Avrite and new orders be sent re specting thera ; and had he thought proper to keep that request to himself, it would never have been knoAvn here that I had given any opinion in the business. I Avill proceed to the Attorney-General's opinion, in which I think he is mistaken, both as to the law and the fact ; neither has the question been brought very exactly before him, for I think the cj,uestion to be not whether any particular laAV is to be considered as operating upon the citizens of the Territory, etc., but Avhether the Territory be a part of the United States. The Attorney-General has assumed a fundamental position that it is, and granting that all he said with respect to the particular law Correspondence, Addresses, Etc. 379 ' does clearly follow, and it is to be remarked that he has said nothing upon it that is not an inference therefrom, yet I believe that it is easy to prove that they are not a part of the United States ; that tbe legislature bave never considered them as such, but, on the contrary, as a dependent colony ; that the Attorney-General has mis construed the Ordinance for the government, and the act under con sideration is limited both in its terms and in its nature to the United States, and that the act for collecting a revenue on distilled spirits is in exactly the same situation which some person besides me raay think of, and is the danger to the revenue I apprehended. At pres ent it is acquiesced in ; it has passed sub silentio, and Avould grow into a habit, but the inquiry in one case may, and probably avUI, lead to inquiry in the other. That the inhabitants of a Territory are not a part of the people of the United States, I arrive at in this manner : They have a distinct government. It may be asked, have not the United States distinct governments, and, if they had not, could they be parts of the United States ? But raark the difference : they have governments of their oavu making existing before they became united. The Government has a government for it, and im posed upon it by those very States, and if any thing can be a proof of inferiority and dependence, it is this very thing. Another : If the Territory be a part of the United States, the supreme judicial powers ought to extend to it. But the act establishing the judicial court divided the United States into thirteen districts, in none of which was the Territory included. It is strange that, if they Avere a part of the United States, that the supreme judicial power did not extend to it ; but it never was intended that it should. The United States had provided them with a judiciary whose powers were com petent to the necessities of the people and final, and that the Ter ritory was not included within the jurisdiction of the supreme court of the Union is a legislative acknowledgment that it Avas no part of the United States. But, farther, the people have no voice in the choice of representatives of the United States, or any elective offi cer ; and it Avas clearly intended that they should not have any such voice, for in the act for the enumeration of the inhabitants of the United States, in order to ascertain the number of representatives, no notice is taken of the Territory — no mode pointed out in which their suffrages are to be received — neither was any enumeration made or any suffrage given. If the inhabitants are a part of the people of the United States, and bound by the general laws of the Union, they are, at least, upon a very unequal footing with their brethren. The consent of the people, either by themselves or rep- 380 The St. Clair Papers. resentatives, or at least a deliberation, has been supposed essential to give laws a binding force, and to them both of those are wanting ; it Avould seem to follow that they are, therefore (if there were noth ing else), not bound by thera. It is evident, from the act repealing, after the first day of June, 1791, the duties before paid on distilled spirits and laying others, that the Territories Avere not intended by the legislation to be com prehended. In all the revenue laws, the words within the United States is constantly made use of, and by that just mentioned, made to facilitate the collection of the duties. The President was em- poAvered to divide the United States into districts, each district con- - sisting of one State. But the Territories ^re not States, or the inhab itants Avould be entitled to the same privileges, and participate in all the adA'antages equaUy Avith the other States, which, it has been shoAvn, they do not. Those districts might, indeed, be altered by the President, by adding to the smaller portions of the greater, so as to render every one of them convenient and nearly equal, but not to equalize them by adding to any or taking aAvay frora any Avho Avas no part of any. To do that, the President has no poAver, and the fundaraental description Is, each consisting of one State. But it has been proven that the Territories are not States ; of course, the President, at that tirae, had no poAver, and did not add the Territory north-west to any district, and this is another instance of legislative acknowl edgment that the Territory Avas not considered a part of the United States, but I should never have done Avere I to refer to every law by Avhich the sarae consequences Avould foUoAV. The truth is, the Territory is a dependency of the United States, not as yet an integral part of them, but capable of becoming so at a future da)'. Of course, the laAvs of the Union Avherein they are not immediately designated, do not operate upon them, at the same time such a phraseology raay be used as Avill extend to gen eral laAVS Avithout the express description. Thus, in the first two sections of the act for punishing criraes in certain cases, the expres sion " all persons owing allegiance to the United States," does, in ray opinion, clearly comprehend them, for the inhabitants here owe allegiance to the United States, but it is a consequence of their de pendent 'state, and not of the act of the Union to which they are not a party, which is another proof that they are not a part of the United States. The words of the law the Attorney-General had been considering, " every person who shall deal in selling wines," etc.,' does not prove that the laAV is not limited to the several States. It is confessedly a Corresjjondence, Addresses, Etc. 381 law of the United States, not extended by any AVords Avhatsoever beyond the United States ; it must, therefore, as he justly observes, operate throughout the United States, but not beyond thera, for it bas no express extension, nor any of such an import as an extension would follow from as an inference. It is the same Avlth respect to the act for collecting a duty on distilled spirits. It extends to every part of the United States, and not beyond them. It is true, hoAV- ever, that, had it extended beyond them Avithout proper officers, it would not have been collected, and an act Avas passed authorizing the President to form districts and appoint officers in the Territory, and it Is readily granted that this may be considered as a proof of the opinion of the legislature that the Territories are part of the United States, but it is not a proof sufficiently strong to overthroAV those that have been already adduced to the contrary. It Avill, per haps, proA'e no more than that people do not ahvays think correctly or alike AvIth regard to the same subject. I believe, sir, the most that can be fairly deduced from the act is, that the duty Avas virtu ally extended to the Territories, and that, as it has beeu acquiesced in, it is Avell enough. But it is not a principle to depend upon. It is otherwise Avith the last in question, Avhen not' CA'en in a virtual extension could that be depended on, can be pretended. It is a general law of the United States, made by the Representatives of tbe United States for the United States, and not extended to their dependencies, and a good reason raay have operated Avith Congress for not extending that law. As a dependent people, it has been seen that the situation of the people in the Territory is not so eligi ble as in the United States — they have, hoAvever, no reason to com plain of that, for it is a situation they have chosen, but the im mense distance they are from the sea-coast, and the very heavy expense that attends the transportation of the articles subject to that license tax, left them still in a worse situation than the inhab itants of the United States Avho paid it, and this Avas probably the operating cause Avhy it was not extended. I presume to think, sir, that the Attorney-General has entirely mis conceived the Ordinance for the government of the Territory, or he would not have adduced that passage, " they shaU be subject to all the laAVS and ordinances of the United States in Congress assem bled" to prove that " there can be no doubt that all the laAvs of Congress," etc., are, in their operation, co-extensive Avith the terri tory of the United States, and obligatory upon every person therein. It is to be observed, sir, that the Ordinance consists of parts that respect very different, and, perhaps, distant times, and that, in 382 The St. Clair Papers. order to come at its true meaning, the times to which the different parts refer must be taken into view ; and that ^f a part of that in strument intended for a future period be applied to the existing tirae, the sense and import Avill be mistaken, and this is principally what the Attorney-General did. The object of the Government was to extend the population of the country ; and, as local circum stances Avould have rendered the ncAv settlements inconvenient parts of the United States, they determined to effect it by coloniz ing ; different stages in the progress of the colonies were contem plated and provided for. The first was that stage in Avhich the Western Territory still is, and a Governor and legislature of kind entirely ncAV, and a judiciary Avas formed. The second stage Avas that Avhen, having gained a certain population for it, it Avas sup posed the people might be trusted to legislate for themselves ; but the governinent is to remain. The third is that wherein the popu lation having increased to a certain degree, the people were to form governments for themselves, be adraitted into the Union by their representatives, and becorae integral parts of the Union. Then all the general laws of the Union AviU become binding upon them, and justly, although, in the forming of thera they neither had a delibe rative nor negative voice, for it is the terras upon which they sepa rated frora the Western Territory, and were again to be reunited. The articles of corapact, and of Avhich the relation to the laws is the fourth, and Avhich, with rauch more propriety, may be called the terras on Avhich the colonies shall be settled, for a corapact nec essarily iraplies tAVO parties ; but, as at the time of pubUshing the Ordinance, there Avere neither States nor people to contract with in the territories, it most evidently refers to the last stage, and can be applied to no other. Any inference draAvn, then, from that, and applied to the present stage, raust be nugatory, at least. Had the people of the Territory been capable of agreeing Avith the United States — " that they would forever remain a part of the United States " — from the very force of the term they raust have been a distinct part of the United States at the time, but they did not exist distinctly at the time, though comprehended in the whole. It involves too great an absurdity to say that the United States made a compact with themseh'es ; that an unknown part of them selves should forever reraain a known part of themselves ; and yet, such is the consequence of applying regulations calculated for a distant and different stage to the present. The Ordinance con tains the form of the Colonial Government in two different contem plated stages, and the articles of compact, so called, the terms Correspondence, Addresses, Etc. 383 held out, which every individual In the United States was free to accept or reject at his pleasure. If any did accept them, and re move into the Territory, they ceased to be citizens of the United States and became their subjects, and the right of making law, par ticular law, for them at all is derived from that source only. The following, sir, I believe is a just comment on the fourth arti cle of the compact : The territory, that is, the soil, shall forever remain the property of, or a part of the soil of the United States. The States which shall be formed therein, whenever they have sixty thousand male inhabitants, or at an earlier period if the United States think convenient, shall become integral parts of the United States, and be admitted by their delegates into the Congress of the United States on an equal footing Avith the original States. Tbey shall be subject to the articles of confederation (uoav of the Union), and to all acts of Congress made conformably thereto, etc. ; and, until they arrive at that degree of population, they shall re main in an independent colonial state, subject to such particular acts of Congress as the general interest of the nation may require they should be subjected to ; in other words, have such acts, and such acts only, wherein they are particularly named, or included, by the necessary and direct iraport of the enacting words. There is, sir, at present, no person appointed to prosecute for the public ; the office has been offered to and refused or resigned by every practitioner at the bar Avho was in any Avise capable of exercising it. The necessity of such an officer, and some allowance from the United States, has been often and fruitlessly represented by me, for as yet the situation of the people here does not admit of their being burdened with salaries. By a law adopted at the last session of the legislature, the emolument of the public prosecutor has been some thing increased, and I have Avritten to a son settled in the profession at Pittsburgh, offering him the appointraent, but do not know whether be will accept it or not. Governor St. Claie to Olivee Wolcott.' 1 Cincinnati, July 24, 1795. Sir : — The letter you did me the honor to write on the 20th of June, came to hand on the 20th instant, and I Avould have replied iThis letter is given after the one preceding, which is a reply to the argu ment of the Attorney-General, although it properly comes before it in data of composition. 384 The St. Clair Papers. to it immediately if the post had not departed before the letters he brought were delivered, and I am the more concerned that the op portunity was missed, as the opinion of the Attorney-General, which my letter of the 5th of May to the Secretary of State had oc casioned you the trouble to take,Avas not inclosed, as you therein mentioned it to be. Your letter contained no inclosure Avhatever. The intimation given by me to the Secretary of State (but which might, I suppose, without a breach of propriety, have been ad dressed directly to you), that the laws of the United States are not deemed to extend to either of the Territorial districts, I thought it my duty to give on that occasion, because I supposed ill conse quences might foUoAV from a question arising on a revenue laAV be ing recorded in a court of laAV against the revenue officer or other, suing for the penalty attached to a breach of the law. I did believe (and still do believe) that Avith respect to the penalty for selling foreign distilled spirits and Avine Avithout license, it Avould happen. Whether it be an inadmissible pretention or not that the terri torial districts are not bound by laAvs of the United States unless specially named, is not for me to determine. It is, howcA'er, no neAV pretension, and is a doctrine Avhich has been long held with respect to colonies. Those districts are as yet no part of the Uuited States, but deijendencles upon thera, and have ever been considered in Congress as colonies. The duty laid on domestic distillation Avas never conceived to extend to them, or attempted to be collected in thera under the general laAV. It Avas extended to thera by a sup- pleraentary act, in Avhich they are expressly named, a measure that was recoraraended by me to the late Secretary of the Treasury.' That very act in Avhich they are thus expressly named, and other revenue laAVS, in Avhich they are not named, carae to be put in opera tion here at one and the sarae time. That diversity alone Avould have been enough to have raised a doubt if the matter had never- before been thought of. But, sir, I recollect a conversation Avith Mr. Randolph, Avhen Attorney-General, on the subject, Avhen he ex pressed a sentiment similar to that Avhich has been transmitted to you from my letter to him. He did also express a like sentiment to Judge Turner iu another c,on versation, as the judge has informed me, and it llkeAvise Avas the opinion of Mr. Jefferson, though per haps neither of those gentleraen expressed theraselves so strongly as in the words used by me — for obvious reasons, I chose to express- myself as strongly as I could. ' Mr. Hamilton. Correspondence, Addresses, Etc. 385 It is of Uttle consequence what my oavu opinion on this subject may be, because, judicially, I can never have any thing to do with it; and, executively, the Government has a right to comraand my co-operation with its measures, whercA'er that co-operation can take place — my disposition to do so I trust is uot doubted. The magis tracy, by Avhom is meant, I suppose, the judges of the different courts, Avill, doubtless, pay due regard to the opinion of the Attor ney-General ; but, unless I intended in the present case to impress them unfavorably, I should be unAvilling to tell them that you count upon their co-operation, for I repeat it, sir, breaches of the law in question are only punishable by action at law. The revenue that can possibly arise from the licenses iu this Ter ritory is a very trifle, and in most cases they have been purchased for tbis year already. But if it is to be enforced, the decision of one action against the person suing for the penalty puts an end to it, and Avill lay the collector open to much vexation, for, I suppose, suits would be instituted against him to recover back the money for the licenses by most of those who have already paid it. At the next meeting of Congress (if it Avas their intention the tax sbould be levied bere), they can put it beyond a doubt by extending the laAV relating to foreign spirits and licenses expressly to the Terri tory, as was done with respect to the duties on domestic distilled spirits. Olivee Wolcott to Governor St. Claie. Treasury Department, June 20, 1795. Sir : — The Secretary of State has transmitted to this department an extract of your letter to him dated May 5, 1795. As to the intimation therein given, that the laws of tlie United States are not deemed to extend to either of the territorial districts unless they are specially named, appeared to me to countenance an inadmissible pretension, I have lost no time in obtaining the opinion of the At torney-General on the point, a copy of which I have the honor to inclose. I bave only to observe that as I perfectly concur with the opinion expressed by the Attorney-General, the officers of the revenue will be instructed to enforce a compliance with the law, and that I count entirely upon the co-operation of the magistracy and officers of the district over Avhicb you preside. VOL. II — 25 386 The St. Clair Papers. Governor St. Claie to Goveenoe Shelby. Cincinnati, June 20th, 1795. Sir: — On the 5th instant, I was informed by General Wayne that some little tirae before, an attack had been raade on a camp of In dians on the Scioto by sorae people from Kentucky, headed by a clergyman of the name of Finley, and a Mr. Massey. The Indians Avere peaceably foUoAving their occupation of hunt ing, in full faith of the cessation of hostUities that had taken place betAveen the General and their nations ; and the depredations that have since happened in Kentucky, upon the river and in this Ter ritory, are justly to be attributed to that wanton violation of pub lic faith. Mr. Massey, who is an inhabitant of this Territory, would have been prosecuted before now had there been any evidence against him, but as the people who were led on to this crime were frora Kentucky, and retired to it immediately, and Mr. Finley is also an inhabitant there, there can be no Avant of evidence against him, as the plunder of the Indians was carried to Limestone and publicly sold, in open daylight. A regard, sir, for the national character will, I doubt not, induce an inquiry ; but I must take the liberty to remonstrate against the inhabitants of the country over which you preside entering this Ter ritory in arms, and disturbing the peace of the same, Avhich I now do in the most soleran manner ; and request you, sir, to take effi cacious measures to prevent its happening in future.' 1 That these attacks on the Indians were general throughout tho Territory Avill be fui ther shown by the following : PROULAM ATION. Whereas, I have received information, by the Honorable George Turner, one of the Judges ofthe General Court, that on or about the 15th of March last, a most horrid murder was committed upon the bodies of two Indian mon under the protection of the law and in the custody of a civil officer at or near to the BeUefontaine, in the county of St. Clair, by some persons in habitants of said county; and, whereas, the said murder -was committed in open daylight, and in the presence of some of a guard of militia, who had been conveying the said two Indians, and just delivered them to the sheriff of the said county to be by him committed to the jail of the county, by virtue of a warrant from the said judge, the perpetrators can not be unknown. These are, therefore, to require and command all and every of the justices of the peace, the sheriff, and all other officers of the said county, to cause diligent inquiry to be forthwith made into the said murder, and search and pursuit, if need be, after the perpetrators thereof. In witness whereof, etc. Arthur St. Clair. Correspondence, Addresses, Etc. 387 Governor St. Clair to General Wayne. Cincinnati, June 30, 1795. Sir: — I had the honor to receive your letter of the 28th last night, and am very much obliged to you for the information it con tains. Although I am of opinion, with you, that the meditated stroke of the Shawanese is over, for I believe that the depredations that have of late happened in Kentucky and upon the river have been committed by that very party — I shall give notic9 to the set tlements above to be on their guard lest it should be otherwise ; yet, in truth, what they have suffered is but a just punishment for their wanton disregard to order and humanity, and if it fell on the guilty only I should not regret it one moment. I have complained of it to the Governor of Kentucky, but do not expect any effect therefrom, but, as I am going to Lexington, it may be that I may get sorae evidence against Mr. Massey, who, in that case, I will order to be prosecuted immediately. It gives me great pleasure, sir, to hear that the Indians are likely to be in with you so generally, and with such uncommon punctual ity. It is a very favorable [out] in my opinion, for the issue of the pending treaty, which I doubt not will end in a manner favorable to the interests of the United States and this Territory, and to your honor and satisfaction, which is the sincere wish of, sir, your very humble servant. No doubt, Major Doyle has informed you of the destruction, some distance above Massac, of a Mr. Chew, from Maryland, Avith eighteen or twenty blacks. I mention it, however, lest he should not have done it, for I believe it to be necessary that you should be informed of it in tbe instances where the cessation of hostilities bas been infringed by them. He supposes it to have been done by the Pottawatamies, and, if so, it was probably in revenge for the injuries tbey sustained in the Miamis' country. General Wayne to Goveenor St. Clair. Headquarters, Greenville, August 19th, 1795. Sir : — This will be presented to you by Major Vigo, who has been at this place for some time, and now is on his way to Post Vin cennes. 388 The St. Clair Papers. When I wrote you on the 15th instant, I was still beset by the Indian chief in favor of a fcAv more favorite traders, a list of whom I have the honor to inclose. Tavo days since, a Cherokee chief, Avith four young Avarriors, arrived here from the head-Avaters of the Scioto, bearing a talk frora Coona- niskey (aKas) Big Spider, in which he solemnly promises to prevent all his people from doing any further injury to the persons or proj)- erty of any of the citizens of the United States ; that he will with draw all the remaining Cherokees from this side of the Ohio in the course of this fall, and return to his own nation ; that the greater part had left the Scioto very early in the spring, in order to settle in their own country. This part of his message I know to be true, by an extract of a letter frora Governor Blount to the Secretary of War, in which he says: " A considerable number of Cherokee war riors, with their families, arrived on the 27th of May at the Tellico block-house ; that they had forever abandoned the hostile tribes north-west of the Ohio, and were determined to reraain peaceable in future." All the mischief that has been done up the Ohio for some time past, was by the party of Shawanese mentioned in my letter to your Excellency of the 28th of June, in retaliation for the ag gression of Mr. Massey [Massie]. This disagreeable business will now terminate. The ShaAvanese chiefs have solemnly promised to call that party to a severe account, and the other nations have also determined to assist in their total extermination, should they con tinue hostile. Blue Jacket left this place on the 15th instant, with a message to that party to cease from all kinds of hostility toward the people of the United States, and immediately to deliver up all prisoners in their possession, or abide the fate that awaits them iu case of non compliance with this deraand. Hence, I trust that peace, with aU its train of blessings, will attend the citizens on the frontiers of the United States in future, unless prevented by their own misconduct. With these sentiments, and with the sincerest wishes for your safety, bealth, and happiness, I have the honor to be, etc. Governor St. Clair to Edmund Randolph. Cincinnati, Aug. 24th, 1795. Sir : — The Ordinance for the government of this Territory re quires that the Governor and judges shall, from time to time, re port to Congress the laws by them adopted and published. Since the Correspondence, Addresses, Etc. 389 new organization of the General Government there has been no mode pointed out for those communicating directly with Congress, and they have conceived that the communication which went form erly through the Secreta;ry of Congress must now go through the Secretary of State, and, in consequence, you are troubled Avith two lists of the laAVS adopted at a session of the legislature Avhich closed this day— one for the Senate and one for the House of Representa tives. The act of Congress entitled "An act respecting the government of tbe Territories," passed May 1, 1792, directs that the laws of the Territories shall be printed under the direction of the Secretary of State, and two hundred copies to be delivered to the Governor to be distributed. The legislature have found that they can be printed here, which will not only put them sooner into the hands of the people, but diffuse the knowledge of them more generaUy, and have, with these views, contracted for printing those of the last ses sion ; but, at the same time, that called up an expectation to the printer that he might possibly receive from the General Government the sum which printing tAvo hundred copies would have cost in PhU adelphia. Should the measure meet your approbation, it will be very obliging if you will please to put it in train. The same act directs the Secretary of State to provide proper seals for the respective public officers. When Mr. Jefferson Avas about that business, the recorder's office was some hoAv omitted, and that office is without a seal in all the counties, which are at present four in number, and this session an Orphans' Court has been erected, which will make the number of seals wanted amount to eight, two for each county. With the seals Mr. Jefferson forwarded presses. The device of all offices the same, and they differ only by the in scription, and I have the liberty to inclose an impression of one of them. Governor Gayoso' to Governor St. Clair. New Madred, Sept. 26, 1795. . Sir: — Captain Vatte, commanding officer at St. Genevieve, has informed me of your ExceUency's arrival at Kaskaskia. I shall think myself very fortunate if, when I go up to St. Louis, your Ex cellency should be yet at your actual residence ; in that case, I pro pose myself the honor of offering you my respectful assurances of ' Manuel Gayoso de Lemos, Spanish Governor of Northern Louisiana. 390 The St. Clair Papers. the sincere esteera that I have had for you, which, in the meantime, I do noAV. This circumstance is the more satisfactory to me, as I am really persuaded that our conference will prove beneficial to our respective countries ; an object that I always have in vicAV, besides that it is the positive will of the King of Spain, my master, to keep the best and the most intiraate harmony with the United States of America. Be persuaded, sir, that our interests are not incompat ible ; on the contrary, it is my opinion that there are no two nations in the world that by every circumstance ought to be more connected than we. We can be of service to one another, both in trade and political concerns. I refer to a future day the explanation of these important objects. I have the honor to repeat to your Excellency the most earnest protestations of the attachments, respect, and esteem. Goveenoe St. Claie to President Washington.' Philadelphia [ Without dat£\, 1795. [Extracts from a private letter.] ..... As I feel myself under sensible obligations for the confidence you have always reposed in me, it would be a want of candor and an ill-return if I did not inform you that I haA'e been very much dis gusted for a considerable time, and in consequence of treatment from some of the departments, which I persuade myself has never come to your knowledge, but Avhich made such an impression upon me as to determine me to retire from all public service ; a resolution which was not carried into immediate execution only from the considera tion that it might be construed into ingratitude and disrespect to you, and that the wretched situation of my affairs did not admit of its being carried into immediate execution. That derangement in in which they have been, and still are, has been produced by that very conduct of the departments,and the foolish, unbounded confi dence I had in the honor and integrity of the Government. I have indeed had much, sir, to complain of, and injuries can sometimes be offered which do not make the slightest impressions that can not well be complained of, but I have met with others ^This letter is made public in justice to the memory of the noble writer, and of the generous friend to whom it was arldressed. It recalls the words of Milton: From inward grief His bursting passion into plaints thus poured. While the friend compelled respect, he had it not in his power to allay party passions and secure justice from the Congress — nor was it ever done. Correspondence, Addresses, Etc. 391 which seemed calculated to destroy any consequence I had or could obtain in the office I filled, aud to wound that self-love that every man possesses, aud ought to possess in a greater or less degree. It began with the War Department, to which the control of In dian affairs is given, and the superintendence to me. That office you know, sir, I held before the establishment of the new Govern ment, and, as such, I was knoAvn to the Indians, but, for a very long time I have never been made acquainted with any thing re specting them ; numbers of them have been called to the seat of Government from time to time, and by persons employed by the Secretary of War, Avithout the sUghtest intimation to me. Persons bave been sent to reside among them, in public characters, without my knowledge or concurrence, and who never thought proper to have the smallest communication Avith me. Neither have I ever been informed of the name or residence of my deputy, or received a single line of information or intelligence from him. I know not, sir, whether the manner in which I conducted the negotiation Avith the people, intrusted to me, may not have been disapproved of. I had not reason, however, to believe it had, and I am certain it was a very difficult and very delicate business. If a war with them is at all times to be avoided, if possible, it Avas more necessary that it should have been then avoided Avhen they were united and prepared for it, and the Government of this country Avas at a full stand. A war was prevented at that time, and such a division among them brought about as they Avere never able to overcome, when it afterwards became unavoidable. The share I had in prose cuting that war, when it did supervene, although very unfortunate, I have no cause to be ashamed of, though the consequences to me have been the same as if the sinister events of it had beeu produced by my misconduct. It Avas ended, hoAvever, by negotiation, and so little Avas the superintendent considered, that he never had any official information of its being in train, and the first notice of its being concluded was the seeing a proclamation of General Wayne's in the newspaper, commanding the people in my government to ab stain from hostUities. Nor, to this moment, have I any other but a copy of the treaty sent to me by General Wayne, in consequence of my representations to him, in as delicate a manner as I could, that bis powers could go no further than to stop hoscilities between the troops and the Indians. As to the people, it belonged to the Ex ecutive of the Territory. Since the peace, part of the militia have been embodied, by orders from the War Office, to the commanding 392 The St. aair Papers. officer of one of the counties, after they had been disbanded by my orders, Avithout the least intiraation to me. The negotiation with the Indians, conducted by me, involved con siderable expense, Avhich absorbed all the moneys in my hands, and the execution of your orders to extinguish the Indian titles in the Illinois country demanded that presents for that purpose should be provided. These Avere obtained on my private credit, there being no raoneys for that purpose in the treasury, and I then, had confi dence in the public, and believed they also had confidence in me. The accounts of my expenditures had not been settled, though they had been presented to the treasury board. Before the new govern ment took place, they were again presented to Mr. Hamilton, but no appropriation had been made for the payment of debts of the old government of that nature. He told me he thought the ac counts ought to be allowed, and wanted to ask for an approjirlation and pay thera ; he, however, did forget them that season, and when I applied again, he candidly told rae so. I was pressed for payment, and the person' Avho had made the advances, I knew, Avas embar rassed for Avant of his money, and demanded interest. This I rep resented to Mr. Hamilton, who thought it reasonable, and said it would be allowed. He even took the trouble to go Avith me to the Secretary of War, iu order, if there had been money in his hands for the Indian Department, to draw it out and pay it. There Avas none, and of course the business had to lie over until another ses sion of Congress. I Avas going to the westward to a great distance, from Avhence I might never return, and my creditor insisted on se curity. On the promises Mr. Hamilton had made, I did not hesi tate to give my bond in security. On my return to Philadelphia, I again applied for payment, and the accounts Avere referred to the coraptroller, Avho raised an infinity of objections, and concluded, after rauch insolent altercation, that an application must be made to Congress. In the last, he may have been right, but he could not have been right in the pains he took to prevent the accounts being allowed, and which had the effect to procure the rejection of so much of them as to leave me saddled with a debt of upAvards of six thou sand dollars and a judgraent hanging over ray head. To raise this money, I was obUged to sacrifice an estate for which the day before I would not have taken twenty-four thousand dollars. Neither 1 James O'Hara, who, some years later, when it was impossible to obtain money at auy rate of interest, on account of the embargo, took out an exe cution against St. Clair's property, by which he was reduced to poverty in his old age. The money was due from the United States. Correspondence, Addresses, Etc. 393 could he have been right in allowing to others charges of the very same nature objected to — to General Putnam, who made use of those very goods purchased and paid for by me, was allowed his extra expenses, even to the washing of his shirts. Misfortunes I can bear with firmness, but the insolence of office throws me off my center, and the hardest struggle I ever had Avt'.s to keep my hands off him. I bave had occasion to write frequently to the Office of State, but since Mr. Jefferson left that office, that my letters were received it was, perhaps, too great condescension to acknowledge. By the Land La av, just passed, ncAv duties are assigned me, and, al though it can not be but that they must be attended with consider able expense, no provision is made for it, and the appointments of the office do certainly not allow any extra expenses. From the surrender of the posts, which will soon take place, it appears that the Governor must A'isit them and set the civil govern ment in motion. That can not be done without a very heavy ex pense. The organizing it heretofore in the distant parts absorbed the whole of my salary and more ; nor since I have been in the of fice, until the last year, have I ever been able to save a farthing. Detroit, I am well informed, is the most expensive place in tbe world, and to give such impressions as ought to be given on the in troduction of a new government over ucav subjects can not be done without considerable expense. I am now poor, very poor, and were it proper, which it is not, can not make them from my own funds, and no provision is made for that purpose ; besides, I have too much experience of the disposition of Congress and the officers to run any risks of that nature again. It may not be known to you, sir, that my being in Philadelphia this winter was rendered necessary by the comptroller, to obtain compensation for my horses.' It is an object uoav of importance to me, or I should not have come ; but in the settlement of the accounts of the unfortunate campaign, I was held responsible for a very large sum of money, the vouchers for the expenditure of Avhich had been lost in the action, and a small balance of my private accounts, though settled, was detained from me until they should be produced. Those vouchers were held by me in pursuance of the spirit of my instructions, to justify the warrants I had draAvn upon the quarter master, and were for horses ordered to be purchased before his join ing the army. To discharge myself on the treasury books and re ceive the money that had been withheld, and which I Avas obliged to borrow at exorbitant interest, I had to ride all through Kentucky, 1 St. Clair had four horses killed at the battle, 4th November, 1791. 394 The St. Clair Papers. and return to this place, and, of course, to spend nearly all the money I had to receive. In this manner have I been treated ; for what reason I knoAV not, unless it be that I could not stoop to solic itation Avhen I was asking for justice. Goveenoe St. Clair to General Wayne. Muskingum, December 5, 1795. Sir : — I Avas extremely sorry that I could not write to you before I left Fort Washington, as well to acknowledge the letter I had the honor to receive from you as to thank you for all the civilities I re ceived from you before I left this part of the country. On the 2d instant, I met Avith a letter from the Secretary of War, of the 9th of November, announcing the design of certain Frenchraen to en gage in some military enterprise against the possessions of Spain on the Mississippi, to set out from Kentucky. Of this, I had received information before I left Fort Washington, and informed Governor Shelby of it, in order that he might take such measures to prcA'ent it as he judged proper. From the above letter, Avhich Avas accom panied by a copy of one from the Secretary of State to Governor Shelby, the following is an extract : "The President of the United States has instructed me to re quest that you will consider the letters to the Governor of Ken tucky as written to yourself, and that you take all the measures in the course of the laAvs for the prevention of the design in the man ner suggested by the Secretary of State, but if the design should have assumed such an aspect as to bid defiance to the operation of the laAVS, that you use the militia of your governraent to prevent the design, or that you request the officer coramanding the troops of the United States In your neighborhood, or in the name of the President of the United States, to afford you such assistance in the effectual suppression of such design, and the apprehension of the offenders, as the nature of the case may require." It is impossible, from the feeble and distressed state of the settle raents of the country, to make use of the mUitia to any purpose ; neither, frora your situation, can much assistance be expected from you ; but I beg leave to suggest to you that it might not be im proper in you, as the horse are now in Kentucky, to make an offer to Governor Shelby of such assistance from them as he may require, and to give orders to the officer commanding them accordinglv ; and Correspondence, Addresses, Etc. 395 I have Avritten to the Secretary of War that I would take the lib erty to offer you this advice. I have been very happy to hear that you have a prospect of some winter operations, and do most fervently wish you success. James McHenry to Governor St. Clair. War Office, May, 1796. Sir: — The President has had information which affords strong ground to believe that there are certain persons employed and paid to visit the Western country for the purpose of encouraging the people of tbose parts to secede from the Union, and form a separate connection with a foreign power. The persons more particularly pointed to as emissaries on this oc casion, are one Powers, DeCallot, and Warren. It is said, also, that they have received written instructions from their government, and letters to influence men in the district of country that has been de cided as the field for their operations. The route (at least of some of them), is by Pittsburgh down the Ohio to the old Shawanese toAvn ; thence across the Ohio, through the lower parts of Kentucky ; thence to Post Vincent ; thence to St. Genevieve ; and thence doAvn to New Orleans. It is thought that they will be very open in their conversations, that they will be easily traced by those apprised of their project, and that an overweening confidence in the success of their mission may originate circumstances upon which to ground a legal proced ure for the seizure of their papers. You will perceive that it is important to such a seizure that they should have no reason to suspect, from ill-timed inquiries or meas ures, that they are discovered. You will, of course, keep your knowledge of their errand and designs to yourself, and trust it only to those who may be necessary to the plans you may adopt, and at the moment when it confidently may be used to effect its successful execution. PoAvers is of Irish descent, about thirty-five years of age, a man of science, seemingly versatile, speaks French, Spanish, and English with equal fluency, and pronounces each as a native. DeCallot is a Frenchman, full six feet high, about forty years of age, and speaks English very well. Warren is also a Frenchman, was lately a sub-engineer in the service of tbe United States, Avhich he resigned for his present em- 396 The St. Clair Papers. ployment, speaks English tolerably, is about thirty years of age, above six feet high, black hair, ruddy complexion, and easy man ners. I have only to add that these persons are believed to be in pos session of papers which it is considered of great importance to ob tain, and I have to request, if procured, that copies be made of them, and attested, as well as the originals, by yourself or some other person, and forwarded by safe conveyance to the President. Governor St. Clair to the Secretary op State. Eepokt of Official Proceedings in the Illinois Couktrt. (Without date) 1796. ISir: — On the 4th of May last I informed the late Secretary of State that some confusion in the western counties of this Territory had been occasioned, in some measure, by some interferences of the judicial Avith the executive authority, which appeared to me to be iraproper, and would oblige me to visit that country. Afterward, I received information from General Wayne that, after the arraistice had taken place, a number of Indians peaceably following their oc cupation of hunting had been killed in that country, and, about the same time, I was informed of tAvo Pottawatamies, in the custody of the sheriff, having been murdered there. As Judge Turner was in that part of the country when the murder was perpetrated, I ap plied to him to be certified of the circumstances, and whether he had taken any and what steps to bring the offenders to justice. In answer to which I received the letter herewith inclosed, and also his communication with the sheriff' on that subject, upon which I issued a proclamation requiring the offenders to be apprehended. The legislature was at that time in session, and it Avas not until the 29th of August that I was able to leave Cincinnati, in company Avith Judge Symraes. A court was held at Kaskaskia as soon as possible after his arrival there, where the most positive testimony was ad duced to the grand jury against two persons, inhabitants of the county of St. Clair, that the murder Avas comraitted by thera, but no bill was found against thera. The court then adjourned to Ca hokia, another town in the sarae county, Avhen, at my request, the matter was again brought before the grand jury in a very pathetic charge from the judge, and I directed the persons prosecuting the public pleas to send a bill for murder against the tAvo persons who had been before sworn to as the perpetrators, but it was returned. Correspondence, Addresses, Etc. 397 Another ¦was then sent up, for manslaughter, Avhich was returned in the same way, and produced the presentment also inclosed here with. From the inquiries I made into the affair of the Indians killed at their bunting-camp, I found the circumstances to he not only not blameable but laudable. The nation they belonged to had been at open war, and committed great depredations and many murders, and some of them very recently, in that country, and neither the Indians nor the people had received any account of a cessation of hostilities having taken place. The people, at least, bad not, and they had received intelligence that the settlement would be attacked by the Indians the next morning. I am sorry, however, to add that, had the affair been ever so criminal in its na ture, it would bave been, I believe, impossible to have brought the actors to punishment. The difficulties that have occurred in cases of that nature in various parts of the United States, as well as in this Territory, and the stain it fixes on the national character, has often led me to consider Avhether justice could not be secured to the Indians by adding some sanction to the law beyond what is usual between the citizens, and it has occurred to me that, were a pretty heavy pecuniary fine to be set upon the murder of an Indian, and a proportional one for lesser injuries, to be levied upon the counties where the offense was committed if the offenders were not brought to justice, it would probably bave the effect, for it is often seen that the minds of men little tinctured with justice or humanity, have a pretty strong sympathy with their pockets, and I believe it to be a subject Avithin the province of the general legislature. My letter of the 4th May last contained extracts from letters of Judge Turner to me respecting some services that had been made by his authority, and complaints against some county officers, par ticularly Mr. Vanderburgh, the judge of probate for the county of Knox, and of my ansAver to him on those subjects on the 14th De cember last. The case involving the goods that had been seized on the Wabash was dismissed by Judge Symraes, and the goods re stored ; and in the case of that against tbose that Avere seized on the Ohio and sent to Kaskaskia, and there condemned and sold, a writ of error has been brought, and the condemnation wUl probably be reversed. And, indeed, if goods transporting on the navigable rivers from one part of the Territory to the other, are liable to seiz ure because they may be goods usually vended to Indians, those rivers would be useless to the inhabitants, and no person who might venture to use them safe from the practice of common informers. It gives me pain, however, that the Secretary of State should ever 398 The St. aair Papers. have been troubled Avith complaints about county officers ; as to the punishing their official conduct, the courts and the power of the Governor are unquestionably competent; but, as coraplaints also against the judge were involved in them, it became necessary for me to send them forward. The parties have made their respective representations, which Avere inclosed in my letter of the 25th August. An official copy of the transaction of Mr. Vanderburgh in the cir cuit court complained of, is inclosed. When I Avent to the IlUnois country in 1789, I was directed to inquire into and confirm in their possessions and titles the ancient inhabitants and others settled there on or before the year 1783. All the titles that were presented Avere examined, and, so far as they Avere founded, to be surveyed, that specific confirmation might issue; but on the late occasion, I found that many claims had not been brought forAvard, and as there was no limitation by laAV as to the time of their being presented I conceived rayself obliged to receive them, and to direct the survey to be made as before. Grants of land to a very considerable amount had been made by officers of the State of Virginia, and by the courts of the country after the cession to the United States wholly unauthorized by laAV. Those I conceive myself obliged to reject, and accordingly did reject them in toto ; but a law of the United States has given some validity to those grants Avhere actual improvement has followed, leaving it, however, discretionary with the Governor to grant any quantity of land not exceeding two hundred acres to each holder of such grant, and so in proportion to the nature of the improvement. It became my duty to take these grants into consideration, and I have received and reg istered all that were presented for the first time, as well as those that had been before rejected, but I have decided in no instance upon the quantity of land to be granted in consequence of their im- proA'ement (this is not a very definite term), and the discretion be tween one hundred acres aud four I Avas not very willing to use without some rule ; if less Avas given to some and more to others, an accusation of partiality was a pretty certain consequence to one side, and if the Avhole quantity generally given, of prodigality and neglect of the public interests on the other side. Should the President think this a raatter of sufficient importance for legislative inter ference, he will doubtless lay it before Congress ; if it is not, I hope I may be honored Avith his instructions relative thereto. I inclose a list of those claims so far as they haA^e appeared. The donations to the head of families in the Illinois country have not yet been laid out, although the orders for that purpose were Correspjondenee, Addiesses, Etc. 399 issued in 1790. The delay has been owing to several causes. There was but one person to be found in that country who had the least acquaintance witb surveying. I was under the necessity of ap pointing him, but I believe he found himself inadequate to the task, and conscientiously deferred it. Another reason was the poverty of the people — ruined as they have been by the change of Govern ment, and the injuries they have been subjected to by the e\'ents of the revolution, wherein their property Avas seized to a great amount by the officers of Virginia Avithout any recompense ; by the depre dations of what Avas called the Wabash Regiment, self organized in that country, and Avhich subsisted by plunder ; and by the frequent innundations ofthe Mississippi. They av ere unwiUing to part with any of their movable property to acquire lands Avhich they could not cultivate, and Avere restrained from selling till five years after possession had been given them. They were in hopes, too, that as Congress had relieved the inhabitants of the country on the Wabash, of both those conditions, the same favor would be extended to them, and, therefore, did not press for their being laid out. The reason for so marked a distinction between the inhabitants of two different parts of the same country, and in exactly similar circumstances, I could never comprehend, and I do hope that Congress Avill put them on the same footing ; at any rate, the five years should in my opinion be computed from the time the orders for surveying issued, for that there Avas an incapable person appointed Avas not the fault of the people, aud they should not be injured either by that, or that the country did not afford one that was capable. Patents for the donation lands that have been alloted to the beads of families are much pressed for by those Avho are entitled to them. I had conceived that the Governor Avas fully authorized for that purpose by the resolutions of Congress respecting them, and had prepared a form Avhich I submitted to Mr. Randolph when Attorney- General. He, however, was of opinion that the patents must issue from the President of the United States. On this, sir, I Avould beg leave to observe that the records of the surveys and the documents are in the Territory ; that a certificate which would be attended with some charges must necessarily go from the office of the secretary here before a patent could be obtained from the office of the Secre tary of State ; that after the patent was obtained, it must be brought back to the Territory and recorded in the county where the land Ues ; and that the distance from Philadelphia, or any other place where tbe seat of the Government may be, and the expense that attends any delay there, are good objections — such, indeed, as would 400 The St. Clair Papers. render the donation a mere Illusion. No order, however, has as yet been taken in the case, that I know of, and people knoAv not where to apply. Donations, also, of one hundred acres have been ordered to be given by the Governor to those who Avere enroUed in the railitia on the 1st of August, 1790; I have no difficulty as to those, be cause the words given by the Governor I conceive a sufficient au thority. They have been ordered to be laid out, and a list of the persons entitled is contained in this. Another paper, inclosed, is a conveyance of two extensive tracts of land from the PiankishaAvs to Lord Dunmore and his associates, in which, it is to be observed, that there is an express acknowledg ment that the lands lying between those tracts, beginning at the Point Coupi and running with the Wabash to the mouth of the White River about twenty-four leagues, and running into the coun try forty leagues on the east and thirty leagues on the west, is re served for the use of the inhabitants of St. Vincennes. That is, the tract the few people who have signed the petition reclaim for the French inhabitants. That the land was actually relinquished by the Indians when a post was first established at that place, I have no doubt ; but it is evident the relinquishment was to the French gOA'ernraent, and not to the inhabitants, because Mr. de St. Vincens, the first commander, gave small pieces of it to individuals imme diately, on the express condition that they should be improved in a year or be void. Within the bounds of that reservation are all the lands that have been laid out, but a difficulty arises from the treaty of Greenville with respect to those not yet laid out in the country on the Mississippi. To take that treaty literally, every foot of land in the country not in the actual possession of some individual has been relinquished to the Indians, and should that construction prevail, it is impossible for Congress to fulfill the promise of donation without violating it. The lands actuaUy granted heretofore, cover nearly the whole of the Mississippi bottom between Kaskaskia and Cahokia, and many grants have likcAvise been made for considerable portions of the high lands, and claims are made, in addition, of an ancient improvement made by the savages not less than thirty miles up the Kaskaskia. Those people can not be said, in the strict sense of the word, to be in possession, and some explanation, it appears to me, will be necessary. It was a part of my instructions to inquire into the claims of the Indians to lands and to extinguish them, but at that timo I could not find that any nation laid claim to them. The Ca hokia nation, reduced to four or five families, had abandoned the Correspondence, Addresses, Etc. 401 country entirely. The Peorias, amounting to about one bundred, bad likewise abandoned it, and the Kaskaskia tribe, of about twenty families, laid claim to nothing but the site of an old village near Kaskaskia, and about four thousand acres of land, which was con firmed to them by an act of Congress. In all the country from Kas kaskia to the mouth of the Ohio and across to the Wabash, not one Indian resided, though the Miamies, the Kickapoos, and the Oiata- non, and, perhaps, some others, occasionally hunted in it ; and it is now a good deal frequented by the ShaAvanese and Delawares from the Spanish side. Still, I am persuaded that none of them have a just claim to those lands ; but Avhen they learn that the country was the Peorias — and there Avill not be wanting people enough to inform them that all the lands, except Avhat was possessed on the 3d of August last, bave been relinquished — owners enough Avill cer tainly appear. The only places where the donations could be laid, agreeably to the resolutions of Congress, are in the country below the Kaskaskia, between the river and the high lands, for the heads of families in that settlement, in the low grounds above Cahokia, for that settlement and in the Mississippi bottom, as it is commonly called, for tbose of the Prairie du Rocher and St. Phillips. If lands sufficient can be found there, which, when the former appropriations are laid out, I am persuaded there can not, a power, therefore, to lay them out somewhere else should be given. The encroachments of the Spaniards in the territory below the Ohio, I know the Government is apprised of. From some deposi tions taken before me, and Avhich were sent to General Wayne, it is ascertained that they are establishing themselves in considerable . force. Their fortification was thus described : A large and strong fort, nearly completed, whereon about three hundred men were con stantly employed, thirty pieces of cannon, ahready mounted, and six galleys in tbe river. It Avas further deposed that several young men, inhabitants of this Territory, passing down the Mississippi, had been seized and forced to work upon the fortifications. Such conduct, con trasted with General Gayoso's letter to me, does not put the Spanish character in a very fair point of view. Inclosed is my answer. An interview, however, I should have avoided, if I had not been obliged to leave that part of the country, because I was AvhoUy unauthor ized on any of the objects he had in view, except preserving Avhat harmony noAV subsists, so long as the Government shall think it proper. The commandant at St. Louis made, likewise, a proposal that in case any of the Indians from our side of the river made in- VOL. 11—26 402 The St. Clair Papers. cursions into the Spanish territory, or any of the Indians from the Spanish side into the territory of the United States, that both par ties should be at liberty to pursue and annoy them, while in the country of each other. There may be occasions Avhen such an agree- ihent might be useful. There are, likewise, very inconvenient con sequences that might follow from it. At any rate, it Avas beyond my poAvers, and I should suspect those of Mr. Fraudeau likewise; but into that I did not inquire. I told him frankly I had no author ity, but Avould certainly communicate his proposal to the President. It is a fact that the Kickapoos from our side do corarait depreda tions on the Spaniards, and the Shawanese and others from their side, upon us, and retire imraediately to their respectlA'e sides of the Mississippi. Four negroes, belonging to a gentleman at Prairie du Rocher, were killed by a party from thence a short time before my arrival there. What the intentions of the Governraent are with regard to the sale of the lands in this country, I am entirely ignorant ; but it is ray duty to inforra you that, in my opinion, ifthey are not disposed of soon, such numbers of people will take possession of them as may not easily be removed, should that be thought necessary. Be fore I set out for the westAvard, numbers of people from Kentucky had entered on the lands of the United States to the westward of the Miarai, and were making what are called improvements. I warned thera to desist, without much effect, and it Avas all I could do, unless actions had been brought against thera as trespassers, which I had no orders to do. The nuraber, however, of those ira provements had increased surprisingly before my return, so much so that, along the river, and a considerable distance inland, the country is covered with huts ; and, I ara told, the case is the same in the country above, quite up to the Pennsylvania line. The State of Connecticut, in consequence of the acceptance of the cession of western lands made to Congress, was supposed to have gained an acknowledged right to the soil of a large tract of country Avithin the liraits of the AVestern Territory, but that Gov ernraent, at an early day, seemed disposed to usurp the jurisdiction over it, for they appointed the late Judge Parsons siu'veyor for that tract, and directed the manner in which it Avas to be divided. Some letters passed between the judge and myself on that occasion, and I also Avrote to the Executive of the State on the subject, but received no ansAver. A copy of that letter Avas sent to the Secretary of State, and may probably be on the files. My opinion was, and still is, that before they proceeded to sell the lauds the consent of Con- Correspondence, Addresses, Etc. 403 ^ress should have been formally obtained, and that as to subdivision of the soil beyond Avhat Avas a mere consequence of OAvnership, it belonged to the executive of the Territory. I am informed by a gentleman lately from that State, that the legislature, in their last session, passed a laAv respecting the recording of deeds within that tract, in direct opposition to the Ordinance for the government of the Territory, Avhich is a direct assumption of jurisdiction. I am sorry to find 1 have troubled you with so long a letter, but I have inserted nothing in it but Avhat I supposed it proper and nec essary you should be informed of. Oliver Wolcott to Governor St. Clair. Treasury Department, August 12, 1796. Sir : — I have the honor to inclose copies of two advertisements which I have caused to be published, according to the directions of the act entitled : " An act providing for the sale of the lands of ,the United States in the Territory North-Avest of the Ohio River, and above the mouth of the Kentucky River." Owing to the im perfect state in which the business relating to the seven ranges of toAvnships Avas left by the late Board of Treasury, it Avas impossible to be prepared for making the publication before the present tirae. I mention this circumstance to account for a delay greater than was expected, or that might otherwise appear reasonable. The time proposed for commencing sales at Pittsburgh is the 24th day of Oc tober ensuing; at Avhich tirae your attendance, or that of the secre tary of the Territory, will be necessary. George Wallace, Esq. , has been appointed by the President to be one of the superintendents of the sales, and John Neville, Esq. , to be receiver of the moneys. It is submitted to you to determine whether your attendance or that of the secretary will be most convenient. The law requires that the sales should be advertised in the neAvs papers of your Territory. I know of none except that printed at Fort Washington, where I have taken measures for a publication. If any thing more is necessary, I have to request your attention thereto. I shall seasonably transmit to General NevUle a map of the lands to be sold, with such documents and forms as will be necessary at the time of sale and for rendering the accounts for settlements at the Treasury. 404 The St. Clair Papers. Governor St. Clair to Seceetaey Sargent. Pittsburgh, August IZth, 1796. Sir : — I received the letter you did me the honor to Avrite some time ago (on the subject of the appointments and other public trans actions, which ought to have been reported by you), about three weeks since. I have not it at hand at this time, and the date has escaped me. I am very sorry, sir, that the Avant of these memo- . randums has given you uneasiness. I Avould fondly hope, however, that no blame can possibly attach to you on account of them, what ever may be the case as to rae, for they are yet to be filed in your office, and your report may be made in such a manner as to show the precise time they carae to your hands. It Avas certainly wrong in me (as I promised to do it) not to have put them into your hands earlier ; my mind was, however, so agitated from a variety of causes, and particularly from the unfortunate events in my faraily, that I could not think of business at aU, and when I did at last get to it, I found that a part of the papers only had been brought to Phila delphia, and I have been since my return from thence prevented by sickness, which brought me to the brink of the grave. Yesterday I met with Captain Pierce, from Fort Washington, and by him I learned that you Avere gone to Detroit. Should the object. of that journey be of a public nature, I have to wish that it had not been undertaken, for to-morrow I shall be in the Territory, and then the powers of the Governor, which devolve upon the secretary in his absence, will cease as to you, yet it may happen that both you and me are discharging the duties of that office at the sarae time, and, of course, the acts of one must be void. I think it further unfortunate, as no orders had been received, at least by me, to ex tend the civil authority to that quarter, and I should suppose that you are not uninformed that Congress, at the last session, made no provision for extending it, although the President recoraraended it in a special message. If my health, which is still very infirm, Avill alloAV it, I shall proceed immediately to the Illinois country, and would have been glad to have been accompanied by you ; as that, however, can not be, I hope to find that the public seal has been left Avithin my reach, as I shall doubtless have occasion to use it ; and should orders for that purpose be received, I Avill take the De troit in my way back, and bring it with me, for in tlmt case it will be wanted there Ukewise. Correspondence, Addresses, Etc. 405 Go-VERNOR St. Claie to Seceetaey Saegent. Cincinnati, August 28th, 1796. Sir : — I had the honor to address a letter to you at Detroit, by the way of Presque Isle, on the 13th instant. In that letter, I men tioned my intention of proceeding to the Illinois country and returning by Detroit, in case the President should have thought proper to direct the civil authority to be extended to that quarter by tbat time. Your journey to tbat place, as well as some dispatches received by the last mail, obliges me to change that purpose, and to proceed to Detroit as soon as conveniently I can, in order that whatever may be proper to be done there, may be done with that concert which I believe necessary to public measures where different persons may occasionally have the same agency, and to prevent that collision I hinted at, and which must necessarily happen when you and I are both exercising the function of Govemor at the same time, and which must necessarily have an ill effect, especiaUy if tbey should not chance to coincide. I could have wished to have found the seal deposited here, or some information respecting it, as I have occasion for it, and must, from the want of it, have recourse to some expedient, which, though I am certain it is strictly legal, yet, wanting that solemn formality, may create doubt in the uninformed minds of some of the citizens. Tbere are others necessary which can not be done without, and, of •course, stand over. This moment. Captain Harrison delivered me a packet, which, baving received a similar one, I knew the contents aud opened it, in order to judge whether it would be necessary to send it forAvard or not. As, besides the advertisements, it contains a letter from the ^Secretary of the Treasury, which you will think requires an ansAver, I have forwarded the Avhole. I shall, however, by to-morroAv's post, inform bim that I AviU attend the sales at Pittsburgh at the time appointed. Go-VEENOR St. Clair to Secretary Sargent. Cincinnati, September 6, 1796. Sir: — In my letter of the 28tb August, I informed you that I purposed to proceed to Detroit as soon as it should be in my poAver, and this day was fixed for the commencement of my journey. I have since heard by accident that j^cu Avere gone to Michilimackinac, from wbich place it is most probable you could not be returned by 406 The St. Clair Papers. the time I should have arrived at the Detroit ; nor probably within all the time I would possibly stay there ; that consideration as well, and that my reaching Pittsburgh by that route in due time might be something precarious, has induced me to change my purpose. In about ten days I shall leave Cincinnati for Muskingum, and go from thence in season to be at Pittsburgh on the 24th of October. I could have Avished that the records of the Territory had been left in some manner or other that I could have had access to them. It has been inconvenient that they have not been so left, and I can not conceive that you have had them transported to Detroit. Governor St. Clair to Oli'vee Wolcott. Cincinnati, August 30, 1796. Sir : — I have to acknowledge the receipt of the letter you did me the honor to write on the 12th instant, with copies of t avo advertise ments respecting the sale of the lands in the Seven Ranges inclosed. Those I shall make as public as possible ; but as you have taken raeasures for this being published in the newspaper printed at this place, the only one published in the Territory, and Avhicb has a pretty general circulation, the notice will be spread as much as it is capable of AvithIn the time appointed for the sales. It is most probable that I will attend Pittsburgh, if my health, which is very much improved, Avill allow me to raake the journey, as the presence of the Governor or Secretary at the sales is indis pensable. The secretary is at Detroit. Circumstances, however, will oblige me to take my route that way and by Presque Isle ; but I believe it can be perforraed, ifi api able to perform it at all, Avith out danger of arriving too late. If I should not be able to proceed from Detroit, the secretary Avill be sent forward. Viscount Malartic to Go-toenoe St. Claie. Neuwied sue le Rhin, le ler Septembre, 1796. Mon cher General: — Je viens enfin de trouver une occasion de pouvoir vous ecrire surement, car j'ignore si les lettres que je vous ai ecrites depuis que je vous ai quitte, vous sont parvenues, n'ayant pas eu depuls ce tempsda, la moindre nouvelle d'Amerique ; quoique je vous ai lalsse mon adresse en France, je n'y suis pas rentre ; vous Correspondence, Addresses, Etc. 407 saviez que mon projet etoit de venir me joindre avec les emigrfes- Fran9ais qui etaient a Coblentz, j'y suis effectivement venu. J'ai toujours fait la guerre depuis ce temps-la dans toutes les differentes- armees, soit Prussienne ou Autrichienne, et je suis maintenant adjudant- du prince de Salm qui a plusieurs regiments au service de I'Angleterre' et je vais aller avec lui a I'armee du due d'York, j'ai encore eu le malheur d'etre bless6 la Campagne derni^re, par un boulet de ca non, heureusement je m'en suis aussi bien tire que les autres, quoique j'aie ete oblige de prendre les eaux d'AIx la Chapelle, pour mon bras qui s'etait reploie, mais qui va bien maintenant. J'esp^re que vous vous etes bien porte, et que ne fesant plus la guerre, votre goutte vous aura un peu abandonne ; car vous me paraissiez bien-resolu a laisser reposer votre epee pour toujours et vous aviez bien raison, surtout dans un pays comme le votre, et pouvant vivre tout a votre aise sans cela ; quand tout le monde en aura fait autant que vous, pour sa patrie il pourra bien aussi se re- poser, j'ignore absoluraent coraraent le general Wainne se sera tire de la carapagne ; les gazetiers allemands ne nous parient que de ce qui les approche ; le Colonel Sargent sera sans doute reste avec Tarmfee ; je suis bien fache, Mon cher general, d'avoir quitte I'Ameri que, si je n'avais suivi que mon inclination, je serais reste, mais I'honneur. et mon devoir m'appelaient avenger le meilleur des rois, j'y ai perdu ma fortune ; la guillotine ra'a priv§ d'une grande partie de ma famille, le reste est en prison, excepte un frere et une soeur, qui s'est sauveeavec ses enfants de la prison, laveillede monter a I'echa- faud, elle est sauvee il y a un mois— -mon autre soeur n'a pas 6te si beureuse et y a peri, je compte attendre encore cette campagne, si au printemps prochain nos affaires ne tournent jias mieux, je vais avec mon frere et ma soeur en Amerique, nous tacherons de rassem- bler le peu d'argent que nous avons pu sauver, et nous irons nous etablir dans I'interieur des terres pour y etre a meilleur marehe, si je ne puis pas bien retirer de France, j'irai implorer votre protection et tacher d'avoir une place au navire, d'apr&s les bontes que vous avez cues pour moi j'esp&re que vous ne me refuserez pas votre appui vous qui m'avez traite comme votre fils. Notre position est bien malheiireuse : chasse de chez soi, parceque on a ete fidfele a son roi, et etre reduit a la plus affreuse des miseres, car on voit des families en- tiferes, des vieiUards reduits presque a demander leur pain, quelle dif ference de votre revolution a la notre ? la votre etait celle de la jus tice et de la douceur ; la notre ne vent s'etablir que sur une mer de sang, et paries criraes les plus atroces. Votre peuple etait n6 pour etre libre, il fait cherir cette liberte qui est si douce dans vos cUmats et 408 The St. Clair Papers. qui protege le foible comme le fort ; au lieu que le Francais au con traire, ne semble fait que pour obeir ; ils veulent tous etre libres et sous le voile de I'hypocrisie cache leur envie de subjuguer ; vous les voyez tour a tour s'elever comme les empereurs remains, et finir par I'echafaud ; ils s'entregorgent mutuellement chacun voulant avoir son pouvoir, plus j'y pense, cher general, plus mon pays me fait horreur, non il n'y a que votre pays a habiter. Toute I'Europe va subir la meme reA'olution, aussi j'attends avec impatience I'aunfee prochaine pour prendre mon parti; je desirera is bien que vous m'6criviez si les Frangais sont toujours bien traites et si il y en a beaucoup ; non pour moi, car je crois que vos compatriotes ne me mettront pas a la porte, mais pour ma famille qui y viendra sure ment avec moi, je n'ai pas pu remettre votre lettre a M. de Lafayette, il 6tait deja enfermd. J'esp&re que votre famille jouit toujours d'une bonne sante ; rap- pelez-raoi, je vous prie, a leur souvenir particuli^rement a M'Ues Louisa et Jenny et a votre fils cadet. Je recommande a votre bonte, mon general, le comte de Sarceaux c[ui vous remettra ma lettre ; c'est un ancien officier qui va s'etablir avec toute sa famille en Amerique ; je suis fort lie avec la famille, il ¦est encore indecis sur I'etat auquel il donnera la preference ayant peu d'argent il s'enfomcera, je crois, dans I'interieur du pays pour acheter a meilleur compte. Qu'est devenu Galliopolis, je crains que les Indiens ne Ies troublent beaucoup, sans cela ce seralt un asile pour moi, si vous avez occasion de voir le colonel Sargent et Denys ne m'oubliez pas aupr6s d'eux. Adieu, mon cher general, continuez-moi votre amitie et soiez persuade de tous les sentiments avec lesquels je suis votre tr6s-hum- ble et trfes-obeissant servi teur, Hypolite de Malartic' 'Following is the translation of the above: Viscount Malartic to Governor St. Claie. Neuwied on the Ehine, Septe-mber 1, 1796. My dear General: — I have, at last, found an opportunity of writing to you with certainty, for I do not know that the letters which I have written to you since I left have reached you, not having had, since that time, the slightest news from America. Although I left you my address in France I have not return d there. Tou knew that my project was to join the French emigrants who were at Coblentz. I went there, in fact. Since that time I have been serving in all the different armies, Prussian or Austrian, and I am now adjutant of the Prince de Salm, who has several regiments in the fiervice of England; and I am going with him to the army of the Duke of Correspondence, Addresses, Etc. 409 Governor St. Clair to James Ross. Pittsburgh, Sept. 6, 1796. Dear Sir : — On my arrival at this place, I found that the sec- Tork. I had the misfortune to be wounded in the last campaign by a can non-ball. Happily I haA'e escaped as well as others, although I have been obliged to take the waters of Aix-la-Chapelle for my arm, which was strained, but which is cured now. I hope that you are Avell, and that, since you are no longer in the army, your gout has left you ; for you appeared to me fully resolved to let your sword repose forever; and you were quite right, especially in a country like yours, where you are able to live entirely at your ease without j'our profes sion. When any one has done as much for his country as you have, he may well repose. I am absolutely ignorant how General Wayne withdrew from the cam paign ; the German newspapers speak only of what is near them. Colonel Sargent will have, without doubt, reniained with the army. I am very sorry, my dear General, to have left America. If I had fol lowed only my inclination, I should have remained, but honor and duty called me to avenge the best of kings. I have lost my fortune; the guillo tine has deprived me of a great part of my family; the rest are in prison, except a brother and a sister, who escaped with her children from the prison the evening before she would have mounted the scaffold ; she escaped a month ago. Another sister was not so happy, and perished there. I intend to wait still during this campaign ; if, in the spring, our aff'airs are no bet ter, I shall go with my brother and sister to America. We shall try to col lect together the little money that Ave have been able to save, and we shall ¦go and establish ourselves somewhere in the interior in order to live cheaper. If I am not .able to leave France, I shall implore your protection, and try to obtain a place in the navy. After the kindness you have shoAvn me, I hope youAvill not refuse rae your support, you, who have treated me like a son. Our position is very unfortunate; chased from our homes because Ave 'have heen faithful to our king, and reduced to the most frightful poverty; for you may see whole families — old men, reduced almost to beg their bread. What a diff'erence between your revolution and ours! Yours was that of justice aud mercy, ours established itself only upon a sea of blood, and through the most atrocious crimes. Your people were born to be free; they cherished that liberty which is so sweet in your clime, and which pro tects tho feeble as well as the strong; whereas the French, on the contrary, -seem made only to obey. They all wish to be free, and, under the veil of hypocrisy, they hide their desire to domineer. You see them rise by turns, Jike the Homan emperors, and finish on the scaffold. They cut each other's throats — each struggling for power. The more I reflect, ray dear General, the more my country inspires horror — yours is the only country in which to live. All Europe is about to suffer a similar revolution, and for this reason I await Avith impatience the next year to carry out my plan. I am very .anxious that you should Avrite to me if the French are always well treated 410 The St. Clair Papers. retary had thought fit to accompany General Wayne to Detroit, and I have since learned, though not from himself, that he has laid out the country thereabouts into a county, and appointed the officers, among whom is Mr. Andrian, prothonotary. That circum stance has given me satisfaction, though I am displeased at all the proceedings generally, for it Avas not my intention to have moved in the business uutil I had received the directions of the President, which I had reason to expect ; and tAvo Governors at one and the same time in the same country (and perhajas counteracting each other) raust impress the ncAV subjects unfavorably, with respect to the governraent they have fallen under. Some expedient, however, might have been found to render the impropriety less striking had I gone to Detroit, but the secretary haA'ing lately gone to Michil imackinac, my meeting him there in the little time I could possibly stay there, was very uncertain ; and, as the being able to reach Pitts burgh in proper time for the sales of the public land would be ren dered precarious, I have for the present postponed a visit to that new country. The journey from hence is far from being so easy as I had iraagined, neither can it be performed as a journey by land in a short time. Considerable rivers must be passed, where there are neither inhabitants nor boats, and both delay and uncertainty attend taking the water at the foot of the Rapids of the Miami. with you, and if there are many of them ; not for myself, for I believe that your countrymen will not show me the door, but for my family, who will certainly come with me. I have not been able to send your letter to M. de Lafayette — ho was already in prison. I hope that your family all enjoy good health. Recall me to their re membrance, I beg of you, particularly to Miss Louisa and Jenny, and to your youngest son. I recommend to your kindness, my General, the Count de Sarceaux, who will hand you my letter; he is an officer of the old army, who intends to establish himself with all his family in America. I am very intimate with the family. He is as yet undecided on the position to which he will give the preference. Having little money, he Avill, I believe, bury himself in the in terior of the country, in order to buy land cheaper. What has become of Gallipolis? I am afraid that the Indians trouble them much; were it not for this, it would be an asylum for me. If you see Colonel Sargent and Denny, do not forget to speak of me to them. Adieu, my dear General, continue your friendship for me, and be per suaded of all the sentiments with which I am Your very humble and very obedient servant, IIa-polite de Malartic. Correspondence, Addresses, Etc. 411' I bave Avritten to General Wilkinson, and inclosed your letter to - bim, and that for Mr. Andrian, and given him some hints about the business we talked of, and requested him to write to me at Pittsburgh. Conolly bas left the country, after making, it is said, an accurate survey of the Ohio and sounding its depth in a number of places. He was stopped at Massie, and his papers examined by the com manding officer. Another matter has happened that will, I suppose, make some noise. A certain Mr. PoAvers Avas met, as he Avas as cending the Ohio, by an officer, wbo, it is said, was imprudent enough to tell him he was sent for the express purpose by General Wayne. He stopped him, broke open all his letters, examined them and his other papers, and took away Avith him such as he thought proper. A formal complaint has been made to the Spanish Consul in Kentucky, and an express sent to the ambassador at Philadelphia. Powers, Avho has resided a considerable time in Louisiana, but passes frequently into Kentucky, soon after came here, I supposed, to make complaint to me, but, after staying two days, during AA'hich he Avas for tbe greatest part in close conversation Avith Mr. De Volney, who is on his Avay to Detroit, he set off Avithout having called upon me. I have learned that he has been informed that Mr. Bracken ridge has spoken of him as a spy, and threatens vengeance. I Avish that the General had been as close in some things as I believe he ought to have been. I haA'e heard that he opened himself too much to Major Morrison, who has spoken of it. Kentucky is quiet, at present, as far as I can hear, and the object of the mysterious correspondence that has been carried on from that country to Ncav Orleans is said to have been a land speculation of sorne individuals Avbo were, in return, to introduce a number of jieo- ple as citizens.' Be so obliging as to present my respects to Mrs. Ross. General St. Clalr to Robert Buntin. Clncinnati, Sept. 19, 1796. Dear Sir: — . . . As to the donation of four hundred acres, for which lands had not been laid out, you have a list of the per sons entitled to tbem inclosed, and you will please to lay off a suf ficient tract, adjoining that formerly surveyed, and distribute it ' For an account of these intrigues, see Vol. I., ch. viii. 412 *' The St. aair Papers. .-among them by lot, agreeably to the resolution of Congress, and make return thereof to the surveyor's office. The donations of one bundred acres each forthe militia, ought, likewise, to be laid off Uke the other, in a tract, and you will find out a place proper for that also, and which will as little as possible interfere with the settle ment and sale of the country, and distribute them in the same man ner by lot, with the exception that, if any of the persons entitled to them have made actual improvements and are entitled to land in any other way, their hundred acres may be surveyed for them in such manner as to cover and include their improvements ; but be pleased to observe it must be actual improvement, not the marking or deadening a few trees, or throwing a few logs together in form of a cabin, which are very comraonly called iraproveraents ; in which way two or three persons, in a single week, would cover a large tract of country. A list of those persons entitled is likewise in closed. I ought to have sent you warrants for the old claims, but at present it is irapossible, for I can not get the records. You may, however, take this for a guide : when any of the claimants apply for surveys to be made, lay them out according to their concessions, whether from the officers that have formerly commanded at St. Vincennes, or from the court, for all those will stand. When I made the appointments of last year, not having the laws with rae, no bonds Avere taken from some who are required to give ¦them. There are two that you hold — the recorder and the treas urer. I have inclosed blank bonds, which you will please have filled up, Avith two sureties executed, and file them in the protho- notary's office ; the treasurer's bond to remain there, and the re corder's to be sent to the secretary's office by the first certain op portunity, and I Avish you to transmit, as soon as you can, a list of the members of the court of quarter sessions and common pleas, for I have mislaid my meraorandura of thera. You Avill also find herein a commission for clerk of the district court. It was my intention to have visited your country this fall, but am prevented from executing it by an order to superintend the sale of the lands in the river ranges, at Pittsburgh, on the 24th of next month, and to-morrow I set out for that place. I hope you and Mrs. Buntin keep in good health this season, and I request you to make my best respects to her. Correspondence, Addresses, Etc. 413- Rufus Putnam to Thomas Worthington. Marietta, December 1st, 1796. Sir : — Your favor of the 15th ult. is before me. I have accepted" the appointment of Surveyor-General, but the arrangements for ex ecuting the surveys are not yet made, nor will any deputies be ap pointed until I receive an answer to my letter written about a month ago to the Secretary of State ; but, as soon as I shall be able to de termine tbe number of surveyors that will be necessary, you shall bear from me again, and, as you have been early recommended to me by a gentleman of Virginia on whose recommendation I can rely, it is unnecessary for you to trouble yourself further on that account.' Go-VERNOE St. Claie to Secretary Sargent. Pittsburgh, December 1st, 1796. Dear Sir : — On the 24th of last month I received, by General Wilkinson, the two letters you sent me, one of the 20th and the other of the SOth of September. I should have replied to them earlier if I had been Avell able, but, having been stricken with gout as I Avas ascending the river, which increased to the most violent fit I have ever had — was obliged to attend to the public business notwithstanding — it was impracticable. It is not easy for me to express the surprise those letters excited, when I found the intention of mine had been so much misunderstood by you. I have since looked carefully OA'er the rough copies of them, and can not help thinking it would require much ingenuity to derive from them either censure or reprimand, or the intention of either. Over your ac tions as the official representative of the GoA'ernor I have certainly no control, to censure or reprimand ; I knoAV I have no right, and I feel that I have no inclination. There are fcAv transactions, in either public or private life, that are not seen by different persons in different points of view, and, of course, different opinions AviU be formed of them. If I hold an opinion different from you on any public measure, may not that opinion be expressed Avithout being construed into either censure or reprimand ? If it can not, there must be an absolute end to all coramunication upon them. I can "In February, 1798, Mr. Worthington was given a contract to survey a district between the Ohio Company's purchase and the Scioto. The letter- is from the Worthington Papers. 414 The St. aair Papers. assure you that, when you have expressed a difference of opinion frora rae, it has ever been received with complacency. That I did not hold an opinion different from you on the propriety of extend ing the government of the Territory to the parts relinquished by the British, at the time it Was done, is now certain ; but, if that opinion Avas expressed in an offensive manner, I do not know hoAV to ex press rayself inoffensively. "Sliould the object of the journey be of a public nature, I have to Avish that it had not been undertaken, for to-raorrow I shall be in the Territory, and then the powers of the Governor, which devolve upon the secretary in his absence, Avill fall to rae. Yet it raay happen that both you and I are dis charging the functions of that office at the sarae time, and, of course, the acts of one must be void. I think it farther unfortunate, as no order had been received, at least by me, to extend the cIvU author ity to those quarters, and, I should suppose, you are not uninformed that Congress, at the last session, raade no provision for extending it, although the President recommended it in a special message." They appeared to me to be strong reasons. I still think so, and there were others that might have suggested themselves ; and, had I been upon the spot, neither the solicitations of the people nor the applications of the Commander-in-Chief of the army, however ur gent they might have been, Avould have induced rae to have done it without the instructions of the President of the United States. I ara not, however, so wedded to these opinions as to say that I may not be wrong in the case. As it is, we must make the best of it, and you write rae, Avhen most convenient, every suggestion to treat any irregularities that must necessarily have taken place from the functions of the chief magistrate having been performed by both at the same tirae. From the manner in which you use the words Records of the Ter ritory, in sundry parts of your letters, and particularly in the third paragraph of that of the 30th September, I am led to believe they do not convey precisely the same meaning to you and me. The record of the official transactions of the Governor, which you are bound to report to Congress, is one thing, and may be kept by you in Avhatever manner you think proper, yet still so as that the Gov ernor may have access to them, for he necessarily must have occasion frequently to recur to them. But the records of the Territory are, in my mind, quite another thing, and sorae of them of a nature that the inhabitants of the Territory ought to have access to at seasonable times, and for reasonable fees. They ought not to be transported from place to place, nor locked up, but constantly kept Correspondence, Addresses, Etc. 415 at the seat of government, wherever that may be, and to whicb all persons having business of that nature must resort. Such, are the original laws ; the decisions on claims to lands ; the returns of sur veys, and some others. No place has, indeed, been fixed by public authority as the seat of government, but it has obtained, in some measure, at Cincinnati, and I pray you to reflect whether it was not more from a Avish to your accommodation than any other motive that it was suffered to be so considered, and that you were permitted to keep the records there. The place was ahvays disagreeable to me, and I Avould have given the preference by much to Marietta, could it have been done without, as it appeared to me, very sensibly affecting your interest. As to the public seal, I think it well with the secretary while he is acting as secretary ; when he is acting as Governor it might be well to commit it to some other person. The use of it by him has been generally, if not universally authorized, as I believe it always ought to be, by a warrant from the Governor. The secretary of the Territory is not ex offi,cio keeper of the seal, and, on the organiza tion of the government it might haA'e been committed to another person, for the Governor ahvays had the power to appoint a keeper of the seal, but many reasons concurred in pointing to you as the proper person. These reasons have still all their Aveight, and I trust you will never find in me the most distant inclination, if I can not add to your emoluments, to dirainish thera. That I expected the .seal might have been left, was, the certainty I presumed you must have had that when I did arrive I might have occasion for it, and that, if any thing had happened to prevent my arrival in the Territory altogether, you would have been advised of it. No part of the delay was occasioned by a fall from my horse, for no such thing happened ; but, on my way out, I was seized with a fever at Greensburg, where I lay ten days before I could be removed to my house ; that Avas followed by a total loss of appetite, and so great a debility from .sickness that, for a long time, I Avas not able to walk across my room. My late fit of the gout, from AvhIch I am nearly recovered, has set things right again for a Avhile, and I ara now in better health than I have enjoyed for some years. The embarrassments you have met with from the notice of some individuals and the ignorance of our courts and juries, I am per suaded myself, I need tell you, have given me, at different times, a great deal of uneasiness, nor that I have always thought it my duty to check the spirit that produced them as far as I consistently could. The indictments you speak of have, if I am not mistaken, been all 416 The St. Clair Papers. removed into the Supreme Court, and the proper orders for then- being dismissed shall be given before another time. To this I am prompted by a sense of duty. At the same time, I am conscious that the feelings of friendship toward you have never been sup pressed in my breast ; but if, where there happens to be a difference of opinion there must be no interchange of sentiments, or if the ex pressing that difference must be construed into censure and repri mand, I do not understand Avhat friendship is, nor do I believe it can long survive under such restrictions. It may be that I have misread the letter you mention ; I have it not here, and, therefore, can not say how it is. You must have certainly misread mine when you supposed I had said the papers which Avere to be a part of your report were due only "three weeks." My words are, " I received the letter you did me the honor to Avrite some time ago, ou the sub ject of the appointments, and other public transactions, which ought to have been reported by you, about three weeks past ; I have it not at hand at this time and the date has escaped me." In my copy the words from "on the subject," etc., to "reported by you,'' are in cluded in a parenthesis ; whether they are so or not in the original I can not say, but Avithout the parenthesis the three weeks evidently, in my opinion, refer to tirae of receiving your letter, and not to that when the communications Avere due, and Avere certainly so intended ; and a subsequent part, Avhich observes that I Avould fondly hope no blame can attach to you, whatever may be the case as to me, " for they are yet to be filed in your office, and your report may be made as to shoAV the precise time they came to your hands," seem to me to mark plainly that it was the receipt of the letter Avas mentioned, and the more so as, a little lower down, I take notice of my having failed in my promise to put them into your hands in Philadelphia. I must be excused, sir, from making any application to the General Government on the subject of any collision that either has hap pened or may happen from the exercise of the functions of the Gov ernor by the secretary in his absence. It was on my representation as the laAV required his absence occasionally, that his powers then devolved upon the secretary; and I think nothing more is necessary towards the execution of thera with ease, and Avithout the least clashing, than a proper understanding between him and the Governor. Neither do I see hoAV different measures to prevent it could be taken by the Government, nor indeed hoAv it can be effected at all but in the raanner I have just raentioned. It was, perhaps, a negligence in rae that it has not taken place heretofore. If the Secretary of the Treasury sent his mandate for you to at- Correspondence, Addresses, Etc. 417 tend the sales at Pittsb'argh, it was improper in him, supposing he bad the right to direct in the case, which he certainly had not, to Avrite to me in the manner he did. His words, as well as I recollect them, are: "It is subniitted to you whether you AAdll attend the sales at Pittsburgh or send forAvard the secretary," but that- sub mission I conceive to be derived from the law, not the pleasure of the Secretary. I thank you for tbe compliments you pay to my judgment. I can truly say that I have endeavored to deserve it, and I take them in very good faith, even if there should be a little irony in them ; for, as I sometimes take the liberty to laugh a little in my sleeve at other people, I see no reason Avhy the sarae liberty should not be taken with me. For your sympathy I am very much obliged. The events were truly unfortunate, and of a most distressing nature. Tirae will wear off the edge, and I haA'e learned resignation to the will of that Being who orders every thing for the best. Some Considerations as to the Dangees tijat Beset the Westeen Teeeitoey, and how it may be Peeserved as an Important Part of the Union. The Western Territory is an important appendage to the United States. The fertile soil and temperate climate seem to point it out as the place to which the emigrants from the Atlantic States will be directed. The foundation of a vast accession of strength to the United States may be laid in that country if advantage is taken of the favorable circumstances of nature, and such provisions are made by Government as will not only invite hardy citizens to the Territory, but attach them to the Union. The growth of this coun try is likely to be astonishingly rapid for some time, but in view of the great disadvantages, having their origin in the mistaken opinions of Congress as to the relation of the public domain to the National debt, and to the insidious efforts of foreign powers lying contiguous, it is problematical whether that growth may be ultiraately advan tageous. They (that is, the districts of the North-western Territory and Kentucky) avUI, in time, have interests different from the Atlantic States. Many of their productions wUl be the same, and a kind of rivalry will take place. Witb the English settlements on one side and the Spanish on the other, they Avill be exposed to the machina- VOL. II — 27 418 The St. Clair Papers. tions of both, and partisans, perhaps, pensioners of both avUI be set tled among them. At the great distance they are removed from the seat of the General Government, its influence wUl not be much felt, and, in case of war Avith either or both of these nations — an event that raay not be very distant — they might be tempted to sever their connections Avith the parent States, and put themselves under the protection of one or other of them. It is not to be doubted but the most alluring hopes and promises would be held out to them — ifthey did not become dangerous, they would at least be very troublesome neighbors. It is certain that the British have had emissaries among the inhabitants of Kentucky, with the design, it Avould seera, to induce them to hostilities against the Spaniards. It is said assistance frora Canada has been promised thera. In any transactions of that nature, hoAvever, the British government will not appear, and should a rupture be brought about by means ofthe western people, between Spain and America, it is most probable that an alliance would immediately be forraed between Britain and that nation ; their joint force would be exerted against America. She Avould probably stand single in the contest, for it could not reasonably be expected that France Avould change all her raeasures to support America in a case where the Avrong would appear to be on her part. The event Avould raost probably be disastrous for Araerica, and bring misery upon the heads of the unfortunate people who had been the dupes of their cruel and interested policy. Spain, on the other hand, looks with a jealous eye on the rapid growth of the western country. She trembles for Mexico, which, from the rest less disposition and enterprising character of those neighbors, is not an Ill-founded fear. Her minister has attentively marked the as tonishing growth of Kentucky, probably discovered that, though it forms, at present, a part of the United States, the ligature that binds them together is weak, and the authority of the General Gov ernment not very much regarded. It is certain that he has an under standing with sorae leading characters, and that through them a desire to throw off all connection both with Virginia and the Union is cultivated, and the private interest of individuals comes in to fortify that desire from the indulgences that have been granted to some to carry the productions of the country to New Orleans, and the great price they there receive for them. It is not altogether improbable that those indulgences raay have had their rise in the avarice of the Governor of New Orleans, upon whom there is no check, the intendency being now in the same person, and who abuses the regulations of the Spanish court by extending the advan- Correspondence, Addresses, Etc. 419 tages held out by it to induce the settlement of West Florida to the people of the western country that he may reap a part of the profit. It seems to be the expectation of that court that the country they possess upon the Mississippi may be peopled from America. They hold out temptations that will succeed Avith many who have little other governing principle than the accumulation of wealth — a thousand acres of land and a very great price for tobacco and provisions. Should many people be induced to remove into their territory, they Avould soon imbibe the Spanish prejudices and be more jealous and more active to prcA'ent any interference in their traffic than the Spaniards theraselves, and, in case of war, much more troublesorae neighbors. The envoy of Spain is also at work to di vert the emigration from the Atlantic States to the Spanish terri tory on the Avest side of the Mississippi, and he has met with a very proper agent in Mr. Morgan, Avho possesses a very great degree both of activity and insinuation, and is not much restrained by principle from pursuing what promises pecuniary advantage. Many people in the interior country now bold themselves in readiness to follow him, infatuated to that degree that they are parting with their prop erty on any terms. His exertions in laying the foundation of the set tlement are turned to Kentucky, where there are a very great number of people who have been disappointed in obtaining lands by the monopolizing spirit that seized the first inhabitants, and land being the great object of their pursuit, they are ready to go to any place where it can be easily obtained ; but promises of the free exercise of their religion, to be governed by their own law, are also held out to them, and to receive a very extravagant price for every thing they can send to market. Many avUI make the experiraent, and they and their progeny be lost to this country ; they will soon becorae Span iards to all intents and purposes, and if it continues to be one of their maxims to prevent the free navigation of the Mississippi, the situation directly opposite to the mouth of the Ohio, seems not to be ill-chosen with a vicAV to it. The Spanish command on the Missis sippi are also assiduously endeavoring to induce the ancient French inhabitants to abandon their country, and they have succeeded Avith great numbers. Should it be thought an object with the United States to prevent tbis loss of people, I believe it might be effected by laying open a part of the Avestern country to those who are not immediately able to pay for it. The lands upon the Mississippi and Illinois Rivers are fine, and the climate inviting. They might be set at a moderate rate per bundred acres ; an office opened, where any person might 420 The St. Clair Papers. locate, purchase land in sraall quantities, and obtain orders for lay ing it out, and where they might receive patents upon paying for them. The purchase-money might run upon interest. In this manner the United States would receive nearly the sarae advantage as if the money had been paid in the first Instance. There is no great danger of their being abandoned, after rauch labor has been expended upon them, and if they should be abandoned by some, the land would still reraain in an Improved and raore valuable state to be regranted. This is not a visionary project, but Avarranted by experience. The whole country of Pennsylvania, while it remained in the hands of the proprietaries, was settled in this manner. It seeras also to be certain that the sale of the lands of the Western Territory, in the manner presented by the late Congress, is over. From the increased and still increasing value of public securities, the price is too high, and it requires too great combination to pur chase a million of acres, which is the smallest quantity that can at present be disposed of. The fear that the most valuable spot only would be taken and the rest remain unregarded is not reasonable to any great extent. The choice spots would certainly be first taken, but the intermediate lands, though of less value, abstractly con sidered, would soon become of equal value ; and the expectation that the domestic debt might be paid off, or very considerably less ened by the sale in this country of large quantities, was never Avell founded, and the experiments that have been made have proven it. The real money that has been laid out, and is still to be laid out in completing the surveys, would have bought up more of the debt than what has been paid into the treasury.' John Ettwein to Goveenoe St. Claie. Bethlehem, April 17, 1797. Sir: — I take the liberty to recommend to your Excellency Messrs. John Heckewelder and William Henry, who will do them selves the honor to wait on you. They are requested by the direct ors ofthe Society of the United Brethern for Propagating the Gos pel among the Heathen to attend the surveying of the twelve thousand acres of land on the Muskingum, whereon the three for saken towns, Shoenbrun, Gnadenhiitten. and Salem were formerly built, which the honorable Congress, by their act of June 1, 1796, granted to the said society, in trust for the Christian Indians, Avho, had erected the said towns and cultivated the land until they 1 Communicated to the President. Correspondence, -Addresses, Etc. 421 were carried away prisoners. These Christian Indians, who for some years have been very solicitous to return to their old farms without being able to obtain their wishes ; and as it was im possible for them, at that time, to fiud protection within the limits of the United States, they were glad to find an asylum in Canada, where they settled in the Avilderness, on Thames River, on land belonging to a similar society of the United Brethren in London. I have invited the missionaries to return to their old places, with as many of their toAvn flock as are willing, where the trustees avIU accommodate them with as much land for farming as they shall choose, and otherAvise freely assist them in settling. But, as the number of the former settlers has decreased very much by natural death aud murder, and also by dispersion far and near, the trustees can not expect that very many will venture to return to Mus kingum. The society has, therefore, resolved to let the part of the land on leases, for rent to white people, our friends, who may be Avilling to take lots upon such terms, in order to raise a revenue for the support of the mission among the Indians, make provision for a missionary, and for a school, with books, etc. , for the benefit of the Indian congregation. It is to facUitate and to bring our good intention into effect as soon as possible, that the said Messrs. Heckewelder and Henry, being members of the society, will attend the surveying of the whole, and afterAvards lay out part thereof into lots. As the land is under the government of your Excellency, I beg leave to recom mend those gentlemen to your particular favor and protection, and have the confidence that your Excellency will at all times take under your favorable protection as well the Indians and the mission intended to be established as the tenants the society may place there, Avho, I trust, Avill always demean themselves as good and peaceful citizens, faithfuUy attached to the government they are going to live under. Mr. Heckewelder was, for many years, a missionary among the Indians, and a great sufferer at the spoliation of the said Indian towns. Goaternoe St. Clair to the Secretary of State. [Extract.] Potts Grove, Sept. 11, 1797 By a proclamation at Detroit, 16th August, 1796, an exhibition of the titles by which the people sold lands in that district is called for, in order that they may be quieted in their possession. Congress 422 The St. Clair Papers. has not as yet turned their attention to that quarter, nor prescribed any rule whereby their titles are to be judged or their possessions confirraed. I was in hopes to have received instructions for extend ing the jurisdiction of the Territory to that quarter, and that Con gress would have taken the titles into consideration — neither of which has happened. It has, however, appeared to me that they were requisite, and I flatter myself with receiving them when there is leisure frora business of more importance. A considerable time before Mr. Randolph went out of office, I wrote to him about certain seals that were Avanting in the counties, and inclosed an impression of one (they are all the same except the legend). I have written once or twice since, on the same subject, but the seals have never been received. I beg leave to refer you to those letters, and to remark that since they were written the county of Randolph and others have been erected. P. S. The office of Treasurer of the Mint being now vacant, by the death of Doctor Way, General Francis Nichols is desirous to succeed him. I believe, sir, that both the person and character of General Nichols are known to you ; but, from a very long and in tiraate acquaintance with the General, I am able to say that it can not be bestowed upon a person of stricter honor and integrity, nor one more firmly attached to the interest and honor of his country and the present Constitution of the United States, on which those objects do so raaterially depend. And he has many friends, and not a small degree of influence in the country where he lives. James Ross to Goveenoe St. Claie. Pittsburgh, July 5th, 1798. Dear Sir : — In consequence of your letter respecting the future secreta,ry of the Western Territory, vice Sargent,' promoted, I have written to PhUadelphia, but no answer has yet arrived. Should I learn any thing before your mail goes out to-morrow morning, this letter avIU be opened to mention it. Nothing has transpired as to the persons who are candidates, nor have I any reason to think of ' William Henry Harrison was appointed secretary in place of Colonel Sargent, who was made Governor of Mississippi Territory by President Ad ams. Colonel Sargent made his home at Natchez, where he married 'a wealthy widow l.idy, and becaine a planter. A year later. General Wilkinson re ported him fat and happy. Correspondence, Addresses, Etc. 423 any person as likely to becokne a competitor, but many of the east ern gentlemen are in love with that country, and will be vigilant in courting an appointment which avUI carry them honorably into it, so that corapetition and want of success may both eventually be the portion of time Ave wish to succeed. Findley's declination has raised several candidates for the Con gressional successions. Smiley, Todd, Guthrie, are all named, and I incline to think are all in a state of considerable activity. You know as well as I do that there is no such thing as a Federal party in Westmoreland county, and the friends of these three men are only subdiA'isions of the great universal mass of insurrectionary anti -federalism. Jacobinism, or whatever you please to call it. The Federalist might have secured a number of friends, had there been any permanent, sensible leader, who could have organized and kept them in countenance against Findley. Unfortunately, we have never had any body there Avho Avould undertake and attempt to execute this task, and at present, it seems to me, that, hoAvever these candidates may contend among themselves and scramble for power, they would all unite against the government man. Your suspicions of Mr. Jack are well-founded. He secretly supported the adverse ticket, and even wrote to his friends in favor of it, after having engaged very heartily with us, in appearance, at the last election. In Fayette county there is a small but firm littleFederal party, but that could do little without aid from Westmoreland ; besides, there Avould be the pride of county jn favor of this man Smiley. In one Avord, your chance ' is, in my opinion, far from a good one, unless the sansculottes should quarrel among theraselves, and out of spite towards each other combine in electing an enemy, and a superior, but a friend and equal, should gain an enviable superiority. This, to the great credit of human nature, very frequently happens, and when Mr. Addison comes home from Philadelphia, Avhere be uoav is, I Avill consult hira, and, iu the meantime, write to Mr. Young upon the state of the parties. We will not commit you Avithout a tolerable chance, and my little aid shall be very cheerfully contributed towards the accomplishment of so very desirable an object. In the meantime, it will be well enough to let me have a list of the sub-agents you hint at, that they may be sounded or employed, as occasion may require. I concur in the apology of the Governor of the Western Territory in appointing the Attorney-General. I have always considered 'Governor St. Clair finally decided not to contest the district, it being de cided by Judge Addison that the Kepublicans were in the ascendency. 424 The St. aair Papers. that office as of high importance, standing between the govern ment, the people, the accusers and the accused, with the virtual power of pardon or prosecution in his hands, to be dealt out at his pleasure and discretion. There should be no bias upon his mind, either frora views of honor or advancement from the exe cution, or otherwise, of his appointment; nor of money or ad vantage, on the other hand, fbr any part of the discharge of his public duty. He should, therefore, be a salaried officer, and re ceive no fees upon indictments, because these perquisites raay have a tendency to promote and multiply prosecutions oppres sively, for the sake of fees. The clerks of the courts could then and ought to fill up blank indictraents, in the usual form, in all coraraon cases, upon the order of the Attorney-General. In spec ial cases, the Attorney-General could frame the indictment and let it be copied by the clerk before it should be sent to the grand jury. The only doubt in my mind is, Avhether the power of appointing during good behavior exists in the Governor, or not ; there can be no doubt of the expediency, if the power exists ; nor ara I able to see Avhat could be fairly urged against it, or against his being raade a salaried officer, except that hitherto it has not been usual, probably frora false econoray. In the new county of Jefferson, in your Territory, there are coraplaints that they have no judges of the court, or justices of the peace in the upper end of the county, where settlements are becoming very nuraerous and respectable. Mr. Thomas Fawcett lives at the upper end of the county, Mr. William Wells, for merly an under-sheriff of Washington county, Penn., about half way betAveen FaAvcett and the county-town, and Mr. John Ward, son-indaw of Colonel McLean, living in Steubenville, are all sen sible, moral, good men, Avho have purchased and settled regularly in the county. I am persuaded you will do a great public good, and afford much satisfaction, by appointing all the three judges of the court of common pleas and justices of the peace. Two of our present judges seldora attend the court, and, if a third should be such, no court could be held, as there are only five in the original commission of the pleas. Colonel Sargent being anxious to Avait until, by future settlements, a better choice might be made, it will be of sorae consequence that the commissions should be for warded before the 7th of August to Mr. Bezaleel Wells, as there wiU then be a court in that county, and I will uot conceal from Correspondence, Addresses, Etc. 425 you that I have some fears' that the justices in the lower end of 'This reference to the action of the justices of Adams county Avill be made clear by the following letter : Governor St. Claik to Nathaniel Massie, and other Justices of Adams County. Cincinnati, June 29, 1798. Gentlemen: — I have received authentic information of a transaction of yours, in your characters of magistrates of the county of Adams, and hold ing the courts of that county, which has, indeed, astonished me. It is, that you have taken upon yourselves to remove the courts from Adamsville, the place appointed for their sessions by proper authority, to some other part of the county, contrary to every principle of good order. The power of fixing the places Avhere the courts are to be held in every county is exclusively in the Governor. It is an exercise of executive au thority of Avhich no other person or persons is or are legally capable; and it is important to the people that the places where they have been appointed to be held should not be subject to wanton change. When the people lay out their money in improA'ing county-towns, it is in confidence of their sta- bilitv ; and, when the courts are removed from those towns their importance is lost, and'the property of the adventurer sinks Avith it, and it is to them a real breach of public faith. Adamsville Avas declared by proclamation to be the place where the courts for the county should be holden, and an attempt to remove them was a most unwarrantable assumption of power and contempt of authority by the justices, which might subject them to prosecution. I am willing, however, to believe that it did not proceed from that source, but from a misapprehension of the law and their own power. By the second section of the act entitled, " an Act directing the building and establishing a court-house, jail, etc.," in every county, passed at Cincin nati the 1st August, 1792, it is enacted that, "every court-house and jail to he erected, as aforesaid, shall be formed of such materials, and of such di mensions, and on such plans as shall be directed by the judges of the court of common pleas, or a majority of them, in each county, who are hereby authorized to plan and project the same, and to accept as a gift, or to pur chase for the use of the county, so much ground as they may judge conven ient and necessary, Avhereon to build all and any of the structures aforesaid." You Avill be pleased to observe, gentlemen, that the act is silent as to the power of appointing the place where the courts are to be held, aud that the power of the judges is confined to the planning and projecting of buildings, and accepting as a gift or purchasing ground %vhereon to erect them, and it is a fair and clear implication that the ground should be accepted or pur chased in the place where the sessions of the courts had been previously fixed, and that is always prior to, or coeval with, the appointment of those judges. It is a maxim that a power by grant can not be extended to any thing which lies out of the grant; and the shadow of a power to fix the place where the courts are to be held is surely not within n grant to direct the size the flgure, and the materials of the public buildings. A law was passed at Cincinnati, on the 6th November, 1790, Avhereby 426 The St. Clair Papers. the county may, like the magistrates of Adams county, attempt to remove the seat of justice. the Governor was directed, in every new countj' to be hereafter erected, to ascertain and specify, and publish by proclamation, on what days in tho year, and at Avhat place or places in such new counties, where tbe courts of common pleas, and also the courts of general quarter-sessions of the peace, shall respectively be opened and held every year. That law has been repealed; but it gave no new power to the Governor, and was merely an affirmance of the constant practice, and to render the places more generally known than the commission to the court would effect. Were it still in force, it Avould be clearly explanatory of that part of the before- recited clause of 1790 (passed before it) which gives power to the judges of the courts of common pleas to accept or purchase lands whereon to erect the public buildings. They Avere to accept or purchase them where the courts were appointed to be held. The power of the Governor to lay out counties, and to fix the places where the courts are to be held, which is incident to it, stands upon the Ordinance for the Government of the Territory, and not upon any law adopted in pur suance of it. It appears to me, gentlemen, that very proper steps were taken by the secretarj', in whom the powers of the Government were vested, to ascertain a proper place for the sessions ofthe courts in the county of Adams, and the proclamation by which he declared it Avas likewise proper. Should, how ever, that place be found an improper one, it may yet be remedied, as no private building has yet Deen erected there in consequence of the measure, but not in the manner you have thought proper to adopt. If the people of the county represent the matter to me in that light, I shall certainly take it into consideration, and they Avill always find me ready to listen to their rea sonable requests, and to comply Avith them so far as they comport with my duty and the public good. In the situation of a county town u Governor can have no private interest of his own to serve, but it is very possible that even a majority of persons who may have been appointed justices may have such interests, and be disposed to prefer them to those of the public at large; and, where there are conflicting opinions on the subject, investigation and deliberation are necessary.' I haA'e been further informed, gentlemen, that you are proceeding to erect the necessary public buildings at the place where you have attempted to transfer the courts. I presume you will see tho impropriety of such pro ceedings, and will arrest them. But I think it proper to inform you that I have prohibited the treasurer to accept any orders of yours or pay out any moneys of the county upon them for that purpose. (l)This ijaragraph contains the strongest reason St. Clair had for Insisting on his right to erect new counties and establish county scats. In the case o( Adams county, • he knew that Colonel Massie, an original proprietor, owned the lands in and around Manchester, and that his efforts to remove the courts might be actuated by personal considerations. Hence, he insisted on flrst ascertaining the wishes of the people. Correspondence, Addresses, Etc. 427 Governor St. Clair to General WiLiaNSON. Cincinnati, July 16, 1798. Dear Sir: — Your letter of this day's date, concerning the deposi tions of William Stronely and WilUam Cribb respecting Zachariah Cox, I have received, and have considered both with some attention, and I am of the opinion, as I had the honor to mention to you in conversation a day or two ago, that it is important to the public in terests that the settlement made by Cox beloAV the mouth of Cum berland should be broken up ; and that he hiraself should be made [out]. But you will be pleased to observe that the opinion is founded upon the presumption that the lands upon Avhich the settle ment is formed are part of that allotted to the ChickasaAV Indians by the treaty at Hope av ell, in 1706. It appears to me to be necessary, before any steps be taken to break up the settlement, that it should be ascertained whether it is upon those lands or not, because if it is not, although Cox's proceedings, being an usurpation of some of the rights of sovereignty (and in present circumstances giA'e just appre hensions of designs inimical to the United States), are a high mis demeanor, they do not apply directly against the United States, and can be inquired into and punished in the State of Kentucky only. It is also to be observed that the United States have not en gaged to maintain those lands to the Chickasaws against the in trusion of persons from the Uuited States ; for, by the fourth article of that treaty, it is only stipulated that persons who may intrude shall be out of the protection of the United States, and it is left to tbose Indians to punish them or not, as they please. By the fifth section of the act to regulate trade and intercourse with the Indians, passed May 19, 1796, a heavy penalty is imposed upon every person who shall make a settleraent on any land belong ing to or secured, or granted by treaty with the United States to auy Indian tribe ; and the President is empowered to take such measures and to employ such military force to remove them as he may judge necessary. In virtue of that clause, I suppose the express order of the President would be necessary to the justification of the military officer who shall remove them, if his act be called in question. But, by the sixteenth section of the same act, it is declared to be laAvful for the military force of the United States to apprehend every per son who shall or may be found in the Indian country over one [mile ?] beyond the boundary line between the United States and the Indian tribes, in violation of the provisions or regulations of this act, and to convey tbem to the civil authority in some of the three 428 The St. Clair Papers. adjoining States or districts, to be proceeded against in due course of law; and the fifteenth 'section gives jurisdiction in the cases to the courts of the United States and of the Territorial districts. The special orders of the President are not necessary to the railitary for the mere apprehending the offenders — even against that law, as it appears to me, even if it should be doubtful Avhether they may be over the boundary or not, for it must always be doubtful when set tleraents are made near it and it has not actually been ascertained and marked; but that section Avill not justify violence or the de struction of the settlements ; and, upon the trial, should it be found that the settlements Avere not upon lands belonging, or secured, or granted by treaty to any Indian tribes, the officer Avho directed the destruction would be answerable for all damages, which would not probably be very lightly assessed. If you can, then, lay your hands upon Cox or his associates, you Avill, in my opinion, be per fectly right in doing so ; in sending hira for trial, either to this or to the Mississippi Territory, or any adjoining State, within ten days' after they shall be taken into custody. In your letter to the Secretary of War, which you have politely communicated, I perceive you purpose to disarm Cox's followers. I am very much at a loss how to advise in that respect; the hostile array in which they appear, the military organization and the Avhite flag are certainly evidences ofa conduct inimical to the Government and to the peace of the country. Still, I believe the measures to be taken with them (for we are not yet at forraal Avar with any nation, so that these acts are not strictly treason,) should be by the Govern ment, and that it Avill be prudent for you to wait for orders unre stricted before you proceed to extremities with them. Governor St. Clair to Nathaniel Massie and Benjamin Goodin. Cincinnati, 2M July, 1798. Gentlemen: — Your letter of the llth instant was delivered to me yesterday, and in reply to it I have to observe that you say " the court (meaning the court of common pleas for the county of Adams) at their last term, having taken up the business for erecting a jail, proceeded to plan and project the same, the attention of the court was naturally led to fix upon a piece of ground for that pur pose." The inference is just, and, had the court confined themselves to fixing upon the most proper piece of ground whereon to place it Correspondence, Addresses, Etc. 429 and the place where the courts were by proper authority appointed to be held, and accepted as a gift, or purchased the same for the use of tbe county, they would have acted Avith propriety, consistently with their powers, and agreeably to law. I adrait, hoAvever, that the place where they had been fixed, being disputed property, and a suit depending, is a good objection to it, and, consequently, to the erecting the buildings there : because, though the person in posses sion (by Avhatever title he Avas in) had consented to their being erected, should he be defeated in the action, it would be in the op tion of the person recovering to confirm the ground on Avhicb the building stood to the county, or to convert them to his own use. Still, that circumstance should have been represented to the execu tive, and, if it had been represented, I presume it Avould haA'e had due weight ; with me it would have been conclusive. But the ob jection, strong as it is, does in no manner justify the remoA'al of the sittings of the court to any other place by a majority of the court of common pleas, to do which they bad no authority, either by law or custom. There are but two ways in which the courts of common pleas could have acquired power [to] fix or alter the places of their sessions (for it surely is not incident to them as courts), to-Avit: either by law or by their commissions. But it has not been given to them by law, and the commissions only empoAver them " to hold pleas of assize, scire facias and replevins, and to hear and determine all and all manner of pleas, actions, and suits aud causes, civil, per sonal, real and mixed, according to law. The law Avhich gives any agency to those courts in the matter of places where the courts Avere to be held, respects the mode and manner of the public buildings only, at the sarae time that it empoAvers them to accept as a gift, or to purchase for the use of the counties a piece of ground whereupon to erect them, and this involves the right of judging of the fitness of the piece of ground for the purpose, and no more. A consistent meaning and explanation is to be given to every laAV, and clause of a law, if it Avill admit of it. But it would be absurd that the executive should fix the places for the courts in the counties re spectively, and that the courts of comraon pleas should have the power to accept or to purchase grounds and to erect the public build ings on them at other places. The laAV authorizing the Governor to ascertain the times and places at which the courts Avere to be held in any new counties that might be erected, passed the 6th November, 1790, was, as I had the honor to observe in a former letter, in affirm- 430 The St. Clair Papers. ance of what had been the constant practice, and it confined the Executive to a like practice in future. The law of the 1st August, 1792, only provided for a case not pro vided for before, to-wit : the erecting the necessary public buildings, the effecting of which Avas laid upon the courts of common pleas, but did not repeal or alter the laAV of November, 1790. They both stood together (and stood Avell together) for the last, you will please to ob serve, Avas not repealed until the 14th July, 1795. Uutil that tirae the Governor's power, by law, to fix the places for the services of the courts still existed. At that time, his authority in the case, by law, ceased to exist, and was not A'ested anyAvhere else. But how does the law now stand? is the question. The courts of com mon pleas have still all the power respecting the public buildings they ever had, to-Avit : to plan and project them ; to deterraine the materials of which they shall be constructed ; to accept of or to purchase ground whereon to erect them, at the places that had been previously fixed by the Governor, and to contract for the exe cution of thera, and no raore. As to the rest, gentleraen, you have yourselves furnished the answer, for you observe that " the Ordi nance is totally silent as to the Governor's power of fixing the places Avhere the courts are to be held ; the Ordinance being silent on that subject, there can be no doubt but the power raust be vested in the Executive until otherwise provided by the legislature." If the law, then, of November, 1790, had raade a different deposit of the power, which it did not, the law of July, 1795, repealing that laAV, restored it to where it was ; for it is a raaxim that a laAV repeal ing a law revives the antecedent, law. It is clear, then, from your OAVU reasoning, that the power to ascertain and fix the times and places for the sessions of the courts is in the ExecutiA''e, and no where else. I did suppose, gentlemen, that it was upon the second section of the law directing the erecting of court-houses, etc., that the court of comraon pleas of the county of Adaras had founded their opin ion " that they had the right of judgiug of the propriety ofthe spot whereon to erect the public buildings Avithin the county ; " but it is evidently an uufounded opinion; and it is easy to see inconve niences that might follow from such a right in the courts ; for it is only to suppose a change in the members and a preponderancy of opinion in a raajority in favor of other places than those chosen, either by the Governor, or their predecessors, and the places raay be changed frora time to time, ad infinitum, with the changes that must necessarily happen upon the benches ; and something like thia has Correspondence, Addresses, Etc. 431 actually happened in the neighboring State, where the court of quarter sessions have poAver, by law, to fix the place of their sit tings ; and it is, I believe, the only State in America where these or any courts have that power. The injury that arises from the want of good and sufficient jails, both to the public and to the inhabitants of the several counties, I am very sensible of. I believe the law making the counties answer able for escapes, to be a very bad one ; because it favors negligence in the sheriffs, and lays a burden on the people they ought not to be charged Avith ; and, if I bave influence enough with the legislature, at their next session, it will be repealed. After all, gentlemen, I have no predilection for Adamsville, and, with the disadvantages you have stated, it is certainly an improper place for the county-toAvn, though well enough as to situation Avith respect to the county at large, and the divisions of it that must take place in future. When ucav counties are laid out, they are generally, from necessity, very large; and the places where the courts are fixed, in the first instance, and the public buildings, of course, erected, should be relative to that part which Avill probably remain together after those divisions rather than the present circumstances; that the public buildings may be still in a suitable situation, other wise a lasting injury might be done for the sake of a temporary con venience. If I am rightly informed, the objections to Adamsville, from the difficulty of access in high Avaters, apply equally to Man chester; but it is my intention to visit Adams county immediately after the August court here, and it will be very grateful, to me to do in respect to the county-town what may be desirable at pres ent and permanently useful. I have the honor respectfully to be, etc' Governor St. Clair to President Adams. Cincinnati, August ISth, 1798. Sir : — A few days ago I received an address from the grand jury for the county of Hamilton, which, as it contained very proper sentiments respecting the present national crisis, I promised them should be transmitted to you, and I now take the liberty to inclose the public paper in which it is inserted. I can not doubt, sir, but they will be pleasing to you, and I beg leave to assure you that no pains shall be spared to strengthen and disseminate them in every 'The original letter is in possession of Kobert Clarke, Esq. 432 The St. aair Papers. part of this extensive Territory, which is a very important append age to the United States. The military spirit is up in this county, which has taken the lead, and Avill be followed; but, to render it more certain, I set out in a few days on a tour to review the militia in all the upper counties, and it is a great satisfaction to me that my health is so well re-es tablished that I am able to do it at this time Avithout risk. Governor St. Clair to John Broavn. Cincinnati, October [no date], 1798. Dear Sir: — It was a very sensible disappointraent to me that I had not the pleasure of meeting with you when you were lately in this Territory, as it always will be when any thing occurs to deprive me of an opportunity to give you every testimony of my respect. Derangements in the militia, and changes that are daily happening in the state of this country, had rendered a visit to the counties lying above this indispensable. It is with pleasure, I can assure you, that, at this critical period, a temperate approbation and firm at tachraent to the United States prevails in them all. But you have been an eye witness to it in part. A conversation between you and a gentlemen at Columbia, where in the great influx and settleraent of people upon the lands of the United States and the difficulties that might result were mentioned, and that you observed " it Avas always easier to prevent an evil than to remedy it, and that speaking in the character of a senator of the United States, it had always been expected that attention Avould be paid to that circumstance by the Governor," there could be nothing more just than your observation, and I beg leave to assure you that Avhether it may have been communicated to the senator or not, it has never been overlooked by the Governor ; neither has he failed in giving information to the Government. The settlements have been forbidden by proclamation more than once, and many letters written to the Secretary of State on the subject, and I beg of you, sir, should it be supposed that the Governor has been negli gent, that you Avould be pleased, Avhen the Senate meets again, to call for them. And I hope they will have the goodness to recollect that the Governor has no specific authority to remove the intruders by force (to prevent them by force is impossible) ; that if prohibitions have not the expected effect, the repetition of them Avould only bring them into greater contempt; that, perhaps, no legal meana Correspondence, Addresses, Etc. 433 to prevent or punish, if it were desired, the occupation of those lands. Indictments would not lie, and ejectments, besides the sIoav- ness and possible inefficacy of the remedy, he has never had any authority to direct nor to charge the United States with the expense that would necessarily foUoAV. All that was in his poAver to do in the case he has done. He has forbidden it, and he has represented it to the Secretary of State, and requested orders. I have often thought, sir, and have frequently laraented to indi viduals of these bodies, that not any of the parts of the legislature Avere sufficiently impressed Avith the importance of this dependence of the United States. It is, in fact, but little knoAvn except to a few, and, of late, all their attention has been occupied by things more immediately of moment. The next sesgion, I hope, may afford an opportunity to think of it, and the change that will take place, in a short time, in the internal organization, and which will introduce a representative into the National council if a proper choice be made, will afford an opportunity of more constant and correct information than has as yet been at hand. My chief object has ever been to give tbe people such a direction as might contribute to raake them virtuous, and, of course, happy, and a useful part of the United States when they shall be entitled to it. Should I succeed in this, it will be a consolation to me and a gratification to those who have supported me Avhen I had need of support against calumny, malev olence, and power ; and it is with gratitude and pleasure I reckon you, sir, among the number. What I have written above is in no sense in the nature of complaint, but purely for your information. David Zeisberger and others to Governor St. Clair. Goshen on Schonbrunn, October 28, 1798. Sir: — We, the undersigned, missionaries of the Church of the United Brethren, being lately arrived from Canada, with nine fam ilies of Christian Indians, and uoav residing with them on one of the tracts of land on the river Muskingum, which Avere granted by the bounty of Congress for the use of said Indians, hurably beg leave in our and their naraes to present our best respects to your Excellency, and to recommend ourselves to your favor and protec tion. The colony that has accompanied us hither is a part of the re mains of the former inhabitants of the toAVus of Schonbrunn, Gnadenhutten, and Salem, with other Indians who have since ein- Vol. 11—28. 434 The St. aair Papers. braced the Christian faith and joined their fellowship. Since their removal from their former peaceful and flourishing settlements on this river, they have endeavored to establish theraselves in various different places, uniforraly Avith the view to the further propagation of the gospel araong their countrymen, and to avoid taking share in the late unhappy war. At length they were obliged to take refuge in Upper Canada, Avhere the greater part of them are, at present, under the protection of the British governraent. The grand objects of our mission remain, as heretofore, to preach the gospel to the Indians, establish schools among them, inculcate habits of industry and sobriety, and instruct them to live a quiet and peaceable life in all godliness and honesty. Your Excellency need not be informed that the practice of intro ducing spirituous liquors into Indian towns is, in its consequences, highly inimical to every atterapt to reform and civilize their nations. Not to enlarge on the wickedness of taking advantage of the weak ness of a description of our felloAV men for purposes of deceit and to their manifest destruction, we believe, also, that the habits of violence and vice to Avhich it leads, by enervating their constitutions and diminishing their numbers, is inconsistent Avith the Interests of that A'ery trade which it is meant to promote. We conceive, there fore, that it must be the ardent Avish of every benevolent and patriotic mind that, if possible, an end may be put to so immoral and pernicious a practice. The purpose of our present application to your Excellency is, to request, at the desire of the colony which we have been appointed to superintend, that we, the undersigned, and our successors, may be authorized and enabled, in such manner as to your Avisdom may best seem meet, to prevent any spirituous liquors from being offered for sale or barter, or used as an enticement to trade, in any town or settlement of Indians that may be made under our directions, within the limits of your jurisdiction. We have the honor to be, etc. David Zeisberger, Benj. Mortimer, John Heckewelder, Missionaries, Agt. to the Soe. , etc. , on Muskingum. Peter Adrian to Governck St. Clair. Detroit, November 1, 1798. Sir .'—In obedience to your Excellency's orders, I have requested Correspondence, Addresses, Etc. 435 a magistrate of each township to cause the enumeration of the free males, inhabitants of Wayne county, to be taken as soon as pos sible. I was lucky in finding an opportunity for Michilimackinac and receive the return. I now have the honor to inclose you a general return of the free males of the age of twenty-one years and upAvards, of the four townships of Wayne county. Your Excellency avIU see that, on the return of Michilimackinac, there are seven hundred savages or hired men to merchants for the Indian trade, over and above the residenters at that place. It is, as I am informed by the magistrates at that post, about one-half only of the savages resorting thither every summer, but the other half is composed of Canadians coming from Montreal, of course not entitled to the rights of citizens ofthe United States. There are many people omitted in the returns, par ticularly in Sargent and Hamtramck toAvnships, as you will see by the return certified by the sheriff of the county, etc. I beg leave to assure your Excellency that no time has been lost since the receipt of your orders, and that no opportunity before this bas offered to forAvard the return to the seat of government. Very little difficulty has been experienced in taking the enumera tion of the people, but a A'ery great one avIU exist in finding men fit to represent the county in General Assembly, if organized. The best informed, in general, are the British subjects, Avho, by their own election, of course, are not eligible, and I do not know one single Canadian Avho understands English enough to be a represent ative. We have three or four gentlemen who would do very well, but their occupations are such that I am afraid avIU not adrait of their absence. The Canadians now feel the want of education, and are anxious for an opportunity of getting their children taught to read and write, and especially the English language. I think it my duty to inform your Excellency that the command ant of this post has granted an acre of ground on the tommons ad joining the town, to be used as a burying-ground for the Eoraan Catholics. This grant answers a very good purpose, as their old burying-ground, adjoining their church, and Avithin the pickets, is so full that it is a real public nuisance, and has been presented as such by several grand juries. I have heard that the Indians in the neighborhood of St. Joseph seem disposed to do mischief My inforraation is from James May, Esq., one of our justices, who lately received a letter from his friend Mr. Burnet, merchant at St. Joseph. This information has been com- 436 The St. aair Papers. munlcated to the commandant of this post, who probably has taken the necessary steps to counteract the maneuvers of the Avicked In dians. All is quiet here. Indians have generally gone to their winter grounds ; we have less of them at this moment than at any period since I have been in Detroit. General St. Clair to Joseph Parks, above the Military Kange. Cincinnati, December 13, 1798 Sir: — I have received a petition signed by you and Jos. Brady, in behalf of numbers of respectable inhabitants of the county of Hamilton living above the military range, on the subject of the ensuing election, and wherein I am requested to decide whether the people living beyoud the lands that have been granted by Congress can be admitted to vote at It, for that is the question. It would be very satisfactory to me if I could decide it according to your Avishes, but it seems to be out of my power. The question has been brought forward by me, and I have con sidered attentively, and my oavu opinion Avas that they Avere not en titled, but I would not depend altogether on ray own opinion, and submitted the question to the principal law officer, and his opinion was decidedly against the right. You will consider that the right of suffrage is confined to those who hold lands either by freehold — that is a lease for life — or in fee simple. Now, none of you hold lands by either of those titles. You hold under Judge Symmes, who has hiraself neither of these titles, and, indeed, nothing but a claim in virtue of a contract, which he says ought to be fulfilled, but which the Congress, the party with whom the contract was made, has hitherto refused to fulfill. If the judge held no other lands than those which are com prised in that claim, he himself Avould not be entitled to a vote, and you must be sensible that the dividing the claim araong a great num ber can add no rights that the original claimant had not. You stand, in respect to the right of voting, precisely on the same ground as those who have sat down on the public lands that are not clairaed, and Avho have not pretended to a right to vote in con sequence of their having done so. But you think it hard that, as you have paid your money for the land, you should not have a right to vote. Consider that if you had the money in your pockets it would not give you the right. It is Correspondence, Addresses, Etc. 437 to hold in freehold or fee simple that gives the right, and not money, and you know very well that if you should buy land and pay your money for it of a person who had not a title to the land, you would not get the land ; and so bere, frora your having paid your money to Judge Symmes, you can not get the right to vote, because he Avould not have that right from those lands as he now holds them. But I hope and trust you avUI not lose your lands. Long before another election it will be settled, and then you will all be entitled to vote. You think because the people who own houses and lots in the towns, Avho are not within the word of the Ordinance, are alloAved to vote, that the privilege should be extended to you likeAvise ; but reflect that the qualification required is the holding of real estate, and that there was not a town in the Territory, nor any great likeli hood that there Avould be any before there would be inhabitants enough of that description to make laws for themselves. If it had beeu foreseen, it would, no doubt, have been provided for. Acci dent has made toAvns shoot up, and the owners have laid out a great deal of money on their houses and lots, to the benefit of this coun try, and they hold them in fee simple, so that they are clearly Avithin the meaning of the Ordinance, though not Avithin the word of it. But you think because you have paid taxes, you should be alloAved to vote. The taxes you have paid have been county rates only, for the support of the county you inhabit. That the people that are living over the Miami have not paid any yet, is because they Avere made a part of the county of Hamilton too late to be taxed last year, and were too far separated from the rest of the county they live in to be taxed in that, but another year they will be included in the taxation of HamUton ; and, besides, the having paid taxes is not a condition here as to the right of voting. It was, no doubt, from your nurabers being taken into the account that the five members Avere, but what advantage would it be to you that the number was restricted to the proportion one for every five hundred within the county? The more members you have, the more weight you will have in the legislature, and the better the in terest of the county, and your particular interests, avUI be attended to ; and, if your members were to be thrown out, Avhich can not be done, for you are inhabitants of the county, still it Avould be en titled to five members, for, by some mistake, I understand, the members below the Miami were not given in. The above statement will, I hope, satisfy you that you have been thought of, and that, for this time, you must rest satisfied even for 438 The St. Clair Papers. the privilege of being postponed. To extend the privilege of voting to you would give me pleasure, if I could do it consistently with my duty. But, if it were granted to you, suppose some candidate were throAvn out by your votes Avho Avould have been elected if they had not been given to another, and he should dispute the election ? Your right to vote raust then be decided upon legal principles, Avhich are clearly against it, and its having been sanctioned by me Avould be of no consequence. I can give no right to any person to act iUegally, and it is our great happiness that the laws bend to the Avill of no man. I have been thus particular that I might give you all the satisfac tion in my power.' Address of the Governor. Gentlemen of ihe House of Assembly : '^ — Although it is out of the common course for the Executive to address itself to one branch of the legislature before the other is convened, I have thought on this occasion of your first meeting, an occasion on which I very heartily congratulate you, that it Avas consistent with propriety, as a con siderable time raust elapse before the other branch can be formed. Tavo matters Avill imraediately claim your attention ; the organlza- iThis closed the Governor's correspondence for the year. But little was accomplished by the Legislature.! (1) Official Rf,cords, 1798— Laws Passed. 1. To confer on certain associations of the citizens of this Territory the powers and immunities of corporations, or bodies politic in law. [Puh. May 1.] 2. For thc punishment of maiming or disfiguring. [Pub. May 1.] 3. A'esting certain powers in justices of the peace in criminal cases. [Pub. May 1.] 4. For the equal division and distribution of insolvent estates. [Pub. May 1.] 5. To provide for the improvement of the breed of horses. [Pub. May 1. Took ef fect September 1.] ¦' 6. Directing the mode of proceeding in civil cases. [Fub. May 1.] 7. In addition to a law entitled, " A law ascertaining the fees of the several officers and persons therein named." [Pub. May 1 ] 8. For the purpose of inr-luding all unsettled and unimproved tracts or parcels of land, and subjecting them tn taxation. [Pu?). Ma-y 1. Took effect December 1.] 9. Rendering the acknowledgment of deeds more easy. [Pub. May 1.^ 10. For establishing a land office. [Pub. May 1.] 11. Repealing certain laws and parts of laws. [Pub. May 1.] 2 It having been ascertained in 1798 that the Territory contained flve thousand white male inhabitants, and was entitled under the Ordinance to enter on the second grade of government, Governor St. Clair issued a proc-- lamation making known the fact to thc people and inviting them to elect Eepresentatives to thc first General Assembly. The Kepresentativcs were chosen, and assembled at Cincinnati February 4th, 1799, agreeably to the Correspondence, Addresses, Etc. 439 tion of your own body by the appointment of a speaker, a clerk, and other necessary officers, and the nomination of persons for the council. You will see by the Ordinance that ten must be nomi nated, five of whom will be appointed and commissioned. As many counties from which you come are at a great distance, your going back to them and returning again Avhen the council shall be formed, would be attended with rauch trouble to yourselves and considerable cost to the public ; and for the House to adjourn and the members from the distant counties to reraain bere during that interval, Avould subject them to an unreasonable private ex pense, I have supposed that until the council shall come forAvard, your time may be usefully employed in preparing bills to be sub mitted to them, and you avIU be at leisure deliberately to consider any amendments or alterations Avhich they may suggest ; and you Avill find, gentlemen, that the business which will come before you is of considerable magnitude. That part of the Territorial code which relates to civil matters requires both alterations and additions, and nearly all the laAvs re lating to crimes and punishments are of very doubtful obligation, as Avell as some of civil laws, and those for regulating the militia. The laws of doubtful obligation are all those which have been made by the late legislature. They never had power to make laws. The codes of all the States in the Union, at the tirae the Ordinance for the government of this Territory was passed, were thrown open before them, and they were empowered to select from all, or any of them, such laws as they might judge to be proper and necessary, proclamation, for the purpose of nominating ten persons, from whom the President was to select flve to constitute a legislative Council. The Eepre sentatives were : From the County of Washington — Paul Fearing and Return Jonathan Meigs. From the County of Hamiitow— William McMillan, William Goforth, Aaron Cadwell, Robert JJenham, John Ludlow, .John Smith, and Isaac Martin. From the County of St. Ciair — Shadrach Bond. From the County of I^nox — John Small. From the County of Randolph —John Edgar. From the County of Jefferson — James Pritchard. From the County of iJos.5— Thomas Worthington, Edward Tiffin, Samuel Findley, and Elias Langham. From the County 0/ ^rfdms— Joseph Darlington and ISTathaniel Massie. From the County of Wayne — Solomon Sibley, Jacob Visgar, and Charles F. Chobart de Joucaire. After nominating for the legislative Council, the House adjourned to nieet at the same place on the 16th September following. 440 The St. Clair Papers. and adopt and publish them as rules for the inhabitants ; and fur ther their legislative powers did not extend. And though you wUl find that on several occasions I have joined in enacting laws, it was under a conviction of impropriety at the time, compeUed to acqui escence by circumstances which it is unnecessary now to mention, and not without entering upon the records of the government a kind of standing protest against the practice and fixed determina tion to check it the first opportunity. That opportunity did not occur until the session of the legislature before the last, Avhen the practice and the jirlnciple it Avas founded on was inquired into, de bated, and unanimously condemned. Some of those laws Avere re pealed, and others adopted in their stead ; and, had there been time for it, the statute book Avould have been cleared of thera all ; un fortunately, it was recurred to at the last session. Should the gen tleraen conclude not to intermit your session, I would recommend the iraraediate repeal of all, and where laws of the same kind are necessary to prepare bills in order to be passed into laws, the obliga tion of which AvIU be unquestionable. An effective system for the railitia you will doubtless consider as of great importance, as Avell as the means of providing a revenue, for a considerable, sum of money must necessarily be wanted, and there Is not any in the treasury to meet the debts already incurred. From this general view of the subject, and many others will come before you, you will perceive, gentleraen, that your tirae will be pretty well filled up. If you conclude to proceed in the way I have taken the liberty to recom mend, some other communications, after you have informed me of the choice of a speaker, Avill be the subject of particular messages. When you shall communicate to me the naraes of the persons you norainate for the council, I request you to point out the manner in which you wish to have thera sent forward to the President of the United States ; that Is, whether you think it raost proper that an express should be employed to carry them, or to trust to the con veyance by post. It Is, gentleraen, a very pleasant thing to rae that the people are UOAV about to legislate for themselves, and the great increase of pop ulation and importance of the Territory is fully evidenced by so numerous and respectable a representation. With the legislature I shall always be happy to concur in every thing that will tend stIU further to increase that population and importance and the general welfare of the people. To the speaker, when appointed, I will transmit a copy of this address. Correspondence, Addresses, Ete. 441 Governor St. Clair to the President. Cincinnati, February 6, 1799. Sir: — I have this day transmitted to the Secretary of State, to be laid before you, a certificate from the House of Assembly of the nomination of ten persons Avhom they have selected for the Legis lative Council, conformably to the Ordinance of Congress for the Government of the Territory, five of Avhom are to receive your commission. It does not appear by what rule they have been in serted in the certificate ; that is, whether those Avho had the most voices, or that were first voted for, are placed first. I have taken the liberty to place them below geographically, beginning Avith the most eastern, and to annex the counties in which they respectively reside : David Vance, Jefferson county. Robert Oliver, Washington. William Patton, Ross. Joseph Darlington, Adams. Jacob Burnet, Hamilton. James Findlay, Hamilton. Arthur St. Clair, Jr., Hamilton. Richard Allison, Harailton. Henry Vanderburgh, Knox. William St. Clair, St. Clair. I am personally acquainted with all of them, except Patton and Darlington, who have not been very long in the country, and mi grated from Virginia, but are raen of good character. Indeed, aU of them are unexceptionable, though some of them are, no doubt, better qualified for such a station than others. Mr. Vance is a re spectable man, of good understanding ; so is Mr. Oliver. Mr. Burnet and Mr. St. Clair are tAvo young gentleraen of the bar, and of handsome abilities. Mr. Findlay is in trade, and Mr. Allison is a physician. Mr. Vanderburgh has been in trade, and Mr. William St. Clair is noAV. He was formerly a resident at Detroit, and Avas obliged to leave it, for refusing to serve in the militia to aid the savages against this part of the country, and thrcAV himself on my protection. He has been settled at Cahokia about nine years. The population of the counties of Randolph, St. Clair, Ross, and Wayne may be about equal to the county of HamUton ; and the five coun- 442 The St. Clair Papers. ties that lie above it may something exceed it. I thought it Avould not be improper to give you, sir, this kind of information.' John Adams to Governor St. Clair. Quincy, Mass., May 17, 1799. Sir: — I thank you for your favor of April 8th, and especially for the pamphlet inclosed Avith it. I have read it AvIth great pleasure, as a masterly refutation of its antagonist, in the style and manner of a gentleman, and seasoned AvIth no more than Avas useful and agreeable of attic salt. Happy am I to find such just sentiments countenanced, encouraged, and prcA'aUIng in the North-western Territory. Although your wish that ray writings were more gen erally read is A'ery flattering to rae, I ara, nevertheless, not very confident that they will do much good. Mankind Avill not learn wisdom by experience in matters of government. They get rid of all such systems by slight sarcasms, and say that is in favor of democracy, I say that theory is altogether in favor of mixed gov ernments, as Avell as experience. But I am not about to write a lecture. Governor St. Clair to the President. June 24th, 1799. Sir : — I have been honored with your very obliging letter of the 17th May, Avhich arrived here at a time Avhen I Avas absent on an excursion to Pennsylvania in order to bring my family to this coun try, and obviate the necessity of the like in future. The approbation you have been pleased to bestoAV on the pamphlet^ I took the liberty to Inclose to you, could uot be received Avithout great satisiaction, and it would imply a want of both sensibility and good manners not to acknowledge it. As to the intention, I was sat isfied, and I am truly happy that the execution could give pleasure to so excellent ajudge. It has drawn upon me, however, the trouble of having another sraall perforraance published in numbers in the 'The President selected for the Council, Eobert Oliver, of Washington county; Jacob Burnet and James Findlay, of Hamilton county; Henry Tanderburgh, of Knux; and David Vance, of Jefterson. 'Not found among the St. Clair papers, but the text ofthe letter indicates that it was political, and written in support of Mr. Adams's administration. See letter of Mr. Adains acknowledging its receipt. Correspondence, Addresses, Etc. 443 newspapers, at the time the cry against the alien and sedition laAvs Avas loud. The reference made in the consideration of Mr. Nich olas's letter to those publications, caused a demand for them that the printer could not satisfy, and I thought it might do sorae good to have them republished together, and I beg the favor that you will be pleased to accept a copy as a testimony of my respect. Al though I Avas very sensible that a weak advocate often hurts a good cause, and that the subject must necessarily lead me into a path with which I was but very little acquainted, it appeared to be nec essary to check the current, which sometimes a very slight obstruc tion Avill effect Avhen it has risen to any considerable height, and I bave had the satisfaction to see that effect produced here in a good degree. Governor St. Clair to the Secretary of State. Cincinnati, O., ,Tuly, 1799. Sir : — I am this day honored with your letter of 19th June, and a copy of the deed to Judge Symmes and his associates for a tract of land betAveen the Great and Little Miami Rivers. I think it is probable that the reserved lots in the several town ships have been ascertained, because I ara informed that the Avhole of the lands granted have been surveyed and sold. But I have good reason to belie\'e that the surveys have been in so inaccurate a manner, that it is most likely the Avhole must be re-surveyed. The north and south lines are not parallel to each other, sorae of them di verging so far as make a difference of three-quarters of a mile, and some of them approaching considerably, and the east and west lines have not been run at all. Whether the reservation about Fort Washington has been laid out, I cau not certainly inform you, though I think it has. But I am most certain that the College Township has not, and, until I received your letter, I never heard of the reservation at the mouth of the Great Miami. It may, perhaps, surprise you, that an object of so much conse quence to the settlement as the township for the support of an academy, AvhIch toAvnship Avas to be approved by the GoA'ernor, should not have beeu attended to by him. That the Governor had any agency in the business never came to my knowledge. An ap plication was made by some of the inhabitants, requesting that I would call on Mr. Symmes, to cause it to be laid out, and the per son Avho made the application assured me that he had seen his patent, an'd that it was one of the conditions that a township, to 444 The St. Clair Papers. be approved of by the Governor, should be laid out by him as soon as possible.' I called for a sight of the patent, and, found it to be as it had been represented, and Avas informed by him that he had designed a township (which is uoav known by the name of College Township and agreeing Avith the situation required) for that pur pose, but that he had met AvIth so many delays before the granting township for an academy was agreed to, that he had sold it, and that every other whole township in the tract, excepting one, was sold ; that he Avas Avilling to locate and assign that one, if it should be approved of Soon afterAvards, the offer of that township was made in writing, in form, but I had been previously informed that one-half of it had been sold to Mr. Boudinot, and that a laAVsuit was actually pending for the recovery of it between hira and Mr. Symmes. Independent of that, it has been represented to me as of very indifferent quality, and, under those circumstances, it would not meet my approbation. It has been proposed to bring the mat ter before the Legislature, that such application might be made to Congress as they should think proper, which seemed to me the best Avay of proceeding. It is a very great doubt with rae whether any true parallel of latitude has been run in any part of Symmes's tract, and if one has, all the lines have been run without any attention to the varia tion; and, without a variety of instruments, it is impossible that the subdivisions should be accurate. I expect to see Major LudloAV this evening, and will be able by the next post to inform you of those circumstances Avith more cer tainty. I observe that the location near the mouth of the Miarai is to be, as Avell as the villages about Fort Washington, raade by a person especially appointed by the President in virtue of a laAV to be passed within two years after the date of the patent. If no such law was 1 Extract of the patent of John C. Symmes and his associates, executed in September, 1794 : "It is hereby declared, that one complete township or tract of land, of six miles square, to be located with the approbation of the Governor, for the time being, ofthe territory north-west ofthe River Ohio, and in the manner and within the term of five years, aforesaid, as nearly as may be in the cen ter ofthe tract of land herein before granted, hath been and is granted, and shall be holden in trust, to and for the sole and exclusive intent and purpose of erecting and establishing therein an academy and other public schools and seminaries of learning, and endowing and supporting the same, and to and for no other use, intent, or purpose whatever." Correspondence, Addresses, Etc. 445 passed nor the appointment made, it would seem that those reserva tions are gone. The law for selling the lands clairaed by Judge Symmes under his contract with the Board of Treasury, but beyond the northern boundary of his patent, has given a very great alarm to the people settled thereupon, and they are very numerous. The intention was clearly to secure all those Avho had Avritten contracts with the judge before a certain day, but there are great numbers sate down under verbal contracts, and on the faith of his assurance that he had never relinquished that contract, and Avould contest his right under it. From almost all of them he has received money in part payment, which, notAvithstanding the laAv, he positively refuses to return, and from that circumstance many, who are, or at least appear to be, very willing to take the lands on the terms held out to them by the laAv, are unable to make the just payment at the time required, and are much agitated by the fear of losing the right of pre-emption. There are others, I am informed, Avho talk plainly of holding their posses sions by force of arms, and it has been hinted to rne that they are stimulated to it by the judge. Should you think it proper to jiro- ceed in that Avay, there are some respectable men Avhose depositions can be taken, and indeed I have little doubt of the fact. At the same time, it requires consideration lest a premature step should in' crease the evil. Governor St. Claie to the Secretary of War. Cincinnati, August IQth, 1799. Sir: — I had the honor to write to you on the 3d instant. The alarm amongst the inhabitants on account of the Indians has been increasing daily. The tAventy railes of frontier of this county has been abandoned, and small forts erected in many places Avhere the people have asserabled, AvIth the purpose, as they declare, of de fending thera, but a very considerable number have retired into Kentucky, and if any thing serious should supervene, a rauch greater number would foUoAV them. At the same time, the Indians seem no little alarmed at this movement of theirs, being as they pretend themselves in very great fear. Tavo days ago four of the Shawanese arrived here to give assurance to me that their nation bad no ill designs against the white people, but were themselves very apprehensive of the ChickasaAvs, and had also heard that a great army of whites were on their way to attack them. The Chickasaws, they pretend, are constantly about their towns ; though with all their 4'46 The St. Clair Papers. pains they can find none of thera. Whether they have any cause to expect a visit from the Chickasaws, or that their fears are affected to cover some other design, I ara not yet able to ascertain. At first, I supposed they raeant nothing more than to alarm the surveyors and prevent the boundary line from being run, but I am since per suaded that they are either seriously alarmed or have some much more extensive design, for the alarm has extended to all their vil lages, and at Fort Defiance they were all, raen, AVoraen, and child ren, in the fort, and they have carried the information of the hostile intentions ofthe Chickasaws against them to the English, a copy of AvhIch they gave to Captain McLean, the English officer who com mands on the north side of the Detroit. It Avas sent by Colonel Ham tramck, and I have inclosed it. I thought to send something further to the ShaAvanese by their agent, Avho h£td been sent to reassure the inhabitants, a copy of Avhich I have also inclosed. It is my expectation that the message of the third avIU draAV from thera an explicit declaration of their peaceable intentions, and, if it does not, it may be reasonably con cluded that their vIcavs are averse. No pains will be spared on ray nart to develop thera that I can bestoAv, and I have instructed Mr. Wells to be particularly attentive to their motions and the conduct of such white men as are amongst thera. I received a letter frora Major Craig, dated the 29th of July, in forraing me that all the Indian stipends had been sent to Detroit, and Avere probably arrived there at that time, and I suppose are now or soon avIU be at Fort Wayne, and a favorable change in the Miami, Avhich has lately been very high, Avill facilitate their trans portation. I have Avritten to the commandant about the time of delivery. The meeting of the legislature avIU, I fear, prevent my attending in person. In that case, I told you that the secretary Avould go out, but I raentioned the expenses attending it either to hira or to me, and you have not been pleased to inform me how it is to be defrayed. Address of Governor St. Clair to the Council and House of Representatives,' September 25, 1799. Gentlemen of the Council ami House of Representatives : — It is with rauch pleasure that I raeet you now In general assembly, an event that has been looked forward to by the people AvIth some anxiety, > On the day appointed for the meeting of the general assembly there was Correspondence, Addresses, Etc. 447 and not without reason, having been hitherto governed by laws adopted or made by persons iu whose appointments they had no not a quorum of either body present, and adjournment was had from day to day. The legislative council organized by the election of Henry Vanderburgh, president, and W. C. Schenck, clerk. Sept.2Zd. — The House of Eepresentatives proceeded to the election of ofii oers. Edward Tiffin was chosen speaker; J(ihn Eeily, clerk, in place of Charles Killgore, who had been appointed, temporarily, at the flrst meeting, and declined to servo longer; Abraham Cary, sergeant-at-arms, and James Lowes, door-keeper. On the same day the following business was transacted: Messrs. Langham, Smith and Worthington Avere appointed a committee to prepare rules. Messrs. Edgar, McMillan, Benham, Darlington and Findley were ap pointed a Committee on Privileges and Elections. Messrs. Goforth, Massie and Smith were appointed a standing Committee of Ways and Means. Ordered — That the residue of the members not appointed to any committee be considered a standing Committee of Claims. Committees were appointed to consider subjects inviting legislative action as they arose, as the following abstract from the records of the House of Representatives shows: Thursday, Sept. '26th. — A petition of John Harrison and William Sullivan, praying for an act to establish a town in the Illinois grant, on the banks of the Ohio, above the rapids. Ordered — That said petition be referred to a committee of propositions and grievances, said committee to consist of Messrs. ]\[cMillan, Worthington and Darlington. Committee appointed to draught and prepare a militia law, consisting of Messrs. Massie, Pindleyand Worthington. Committee of three appointed to prepare and bring in a bill for 'defining and regulating elections, consisting of Messrs. Small, Langham and Benham. Committee of three appointed for preparing and bringing in -a. bill for opening and regulating highways— Messrs. McMillan, Smith and Darling ton. Committee of three appointed to bring in a bill for the prevention of vice and immorality — Messrs. Findley, Smith and Darlington. Committee appointed for bringing in a bill for regulating the disposition of estrays, composed of Messrs. Goforth, Ludlow and Edgar. Committee appointed for regulating the fees of all civil officers, consisting of Messrs. McMillan, Worthington and Darlington. Committee appointed for the regulating of taverns and other public houses, composed of Messrs. Bond, Pritchard and Cadwell. Friday, Sept. Tltli.—'M.v. Goforth, from the committee to whom was re ferred the petition of the several officers of the late Virginia line praying for toleration to bring their slaves into this Territory, on tbe military lands between the Little Miami and Scioto rivers, reported that the prayer of the 448 The St. aair Papers. participation, and over whom they had no control. The wish to be withdrawn from under that authority, and that the laAvs which were to direct their conduct and protect their property should be petitioners was incompatible with the articles of compact contained in the Ordinance of Congress made for the government of this Territory, and, therefore, could not be granted, which report boing read — Resolved, unanimously, That this house doth agree to the same. A committee of three appointed for regulating marriages, consisting of Messrs. Cadwell, Ludlow and Martin. Saturday, Sept. 28th. — Another member, Solomon Sibley, from Detroit, ap peared and took his seat in the House. A petition of a number of the citizens of Adams county was presented to the house and read, setting forth the extensive boundaries of the same county, and the probability of its being divided at a future day, and praying that to avoid unnecessary expense in erecting public buildings, Avhich may be rendered useless when a division of the said county takes place, that the town of Manchester, being healthy and pleasantly situated on the banks of the Ohio, and nearly central as to the lower end of the county, may be es tablished as the seat of justice for the said county of Adams. Ordered — That the said petition be referred to the Committee of Proposi tions and Grievances. Tuesday, Oct. Ist. — Mr. Joseph Carpenter was appointed printer to the leg islature bythe concurrent action ofthe two houses, and Mr. Abraham Carey was appointed master-at-arms for both houses. Ordered — a committee to be appointed to bring in bill for levying taxes and regulating revenue. Mr. Smith, Mr. Massie, and Mr. Worthington appointed compaittee. Mr. Langham presented a bill to define and regulate elections, which was read the fifth time. A committee, consisting of Mr. Langham, Mr. Cadwell, and Mr. Dar lington, appointed to bring in bill for regulating the courts of judicature, and extending the jurisdiction of magistrates in certain cases. Wednesday, Oct. 'Id. — Mr. Findlay presented a bill for the prevention of vice and immorality, which was read first and second time, and referred to a Committee of the Whole House on Tuesday next. Thursday, Oct. 3oJ. — A petition from several ofthe citizens of the township of Franklin, in the county of Hamilton, was presented to the House, and read, suggesting the oppi'essive effects of the laws now existing relative to highways and county levies; and also the want of a law to prevent Sab bath-breaking, and the great inconvenience under which they labor, by rciason of their remoteness from the seat of justice, and praying relief in the said premises. Ordered that the said petition be referred to the Committee of Propositions and Grievances. Ordered — that the sergeant-at-arms receive proposals for furnishing the House with firewood, and ho lay same before the House. Mr. Benham and Mr. Smith added to committee for regulating courts of judicature, and extending tho jurisdiction of magistrates in certain cases. Correspondence, Addresses, Etc. 449 made by their own representatiA'es Avas very natural, and I con gratulate them and you, gentlemen, that you are uoav met for that purpose. It is not improper, hoAvever, that I should here remark that, how desirable soever it may be, in ''the infancy of the colony Mr. Goforth, Mr. Edgar, and Mr. Cadwtell appointed a committee for regulating inclosures. Friday, Oct. ith. — The style of all laws shall be as follows, to wit: Be it enacted by the Legislative Council and House of Representatives in General Assembly, and it is hereby enacted by the authority of the same, that, etc. Mr. Benham, from the Committee of Privileges and Elections, to Avhom was referred the petition of Erancis Dunlavy (asking for admission as a mem ber), made a report, which Avas read; whereupon, it was resolved that, in the opinion of the? committee, Mr. Isaac Martin was duly elected a representa tive for the county of Hamilton. The question was then taken that the whole House do agree with the com mittee on the said resolution. Yeas, 9 ; nays, 8. Saturday, Oct. Uth. — The Housc proceeded to consider the resolutions on the reports of the Committee on Ways and Means. The report consisted of a series of resolutions, which were considered seriatim and adopted. They provided for levying a tax for Territorial pur poses, on lands, houses in towns, inarriage licenses, and on judicial writs; for county purposes, a poll-tax, a tax on horses and cattle, above three years old, on stallions, on tavern.s, on retailing merchandise, and on ferry licenses. Ordered to be embodied in a bill. Ordered — that a committee of three be appointed to prepare and bring in a bill for the relief of insolvent debtors, and that Messrs. Findlay, Darling ton, and Sraith be the said committee. Ordered — that Mr. Small acquaint the council therewith. Monday, Oct. 7th. — A message from the council, informing the House that they had appointed Mr. Burnet a committee, on the part of the council, to confer with a committee from the House on the most proper mode of certify ing the appointment of W. H. Harrison, Esq., to represent this Territory in Congress, and for making a joint communication of it to tho Governor. Messrs, Massie and Sibley were appointed on the part of the House. Wednesday, Oct. dth. — A petition from several of the citizens ofthe town ship of Chillicothe, in the county of Eoss, Avas presented to the House, and read, praying for leave to raake a lottery to raise three thimsand dollars for the purpose of erecting a Presbyterian church in that town. Eeferred to Comraittee of Propositions and Grievances. Thursday, Oct. IQth. — Ordered — that Mr. Massie and Mr. Worthington be appointed a committee to conier with a coramittee of council to prepare pe tition to Congress, praying that the representative of this Territory be en titled to the privilege of voting as well as debating in Congress. [It being found that such a proposition was a violation of the Ordinance, the matter was dropped.] Wednesday, Oct. IGth. — Three several petitions from a number of the cit izens of the county of Hamilton, were presented to the House, ar.d read, Vol. 11-29. 450 . The St. Clair Papers. it Avas not practicable, and that the systera appointed by Congress was well adapted to the state of society which was to follow, and, necessarily, continue for some time, is full of wisdom and benignity. The laws of all of the States of the Union Avere laid open before the setting forth the extensive boundary of said county, and praying that the same raay be divided into four counties, referred to Messrs. Benhara, Smith, Meigs, Massie, and Langham. Friday, Oct. \8lh. — Mr. M'.AIillan, frora Committee of Propositions and Grievances, for the removal of the seat of justice of Adams county to Man chester, made report; whereupon. Resolved, That the town of Manchester be established as the seat of jus tice for such county. A petition from citizens of Adams county, praying that tbe eastern end of the said county be laid off into a separate count}', and the seat of justice flxed at Alexandria, at the mouth of Scioto. Referred to Messrs. Benhara.Smith, Meigs, Massie, and Langham. Frid'iy, Oct. 2bth. — Mr. Langham presented a bill for the division of the counties of Adams and Washington Saturday, Oct. 2Qlh. — Messrs. Langham and Goforth appointed to bring in a bill making promissory notes negotiable. Monday, Oct. 2?ilh. — Messrs. Massie and Worthington to bring in hill to declare what streams of water which enter the Scioto are navigable. Resolved, That the Governor appoint an auditor to liquidate the accounts which have and may accrue against the Territory. Resolved, That such audited certificates shall bear an interest of six per cent., and received for payment of taxes in this Territory, and redeemable at the Territorial Treasury on the 1st of .lanuary, one thousand eight hun dred and two with gold or silver coin current of the United States. Resolved, That a Territorial Treasurer be appointed by the Governor. -Wednesday, Oct. SOt/i. — A petition from a number of citizens of the county of Hamilton, praying for a removal of the seat of justice from Cincinnati to Mill Creek, between William Ludlow'sand Jacob White's, referred to Messrs. Benham, Smith, Meigs, Massie, and Langham. Two petitions, one praying for a new county to be laid oflf in the county of Hamilton, east of the Little Miami, and also one praying that the seat of justice of such new county be at Denham's town. Resolved, That the removal of the seat of justice from Cincinnati to Mill Creek is unreasonable, and should not be granted. Friday, Nov. Ibth. — Messrs. Langham and Smith, appointed to bring in bill on the subject of persons escaping into this Territory from whom labor is claimed by any other persons, and declaring the admission of persons of color by indenture. Saturday, Nov. IGth. — A message from the Governor, by Mr. Smith, his secretary : "Mr. Speaker ; — The Governor did yesterday approve and sign the follow ing acts, to wit: Correspondence, Addresses, Etc.. 451 Governor and judges for them to choose from amongst them all such as would best suit the circumstances of the people. It is true, however, that on several occasions they went further, and laws were enacted by them of their oavu authority. Objections Avere made, ineffectually, to that manner of proceeding ; they are too lengthy "'An act to make promissory notes and inland bills of exchange nego tiable.' " 'An act regulating the interest of moneys and flxing the same at six per cent, per annum, and for preventing usury.' "'An act to establish and regulate ferries.' "'An act authorizing and regulating arbitrations;' and also 'An act to prevent trespassing by cutting of timber.' " Monday, Nov. 18th. — A memorial of Thomas Posey, on behalf of himself and several officers and soldiers of the Virginia line, on the continental es tablishment of the late army of the United States, was presented to the house and read, praying that an act may be passed authorizing persons holding slaves under the laws of the State in which they require that species of property, and removing into this Territory, to bring their slaves with them, under certain restrictions. A bill to lay off a new county in the north-western division of Hamilton. Yeas, 9; nays, 8. In the affirmative — Messrs. Benham, Bond, Edgar, Go- forth, Langham, Massie, Meigs, Sraall, and Worthington. In the negative — Messrs. Cadwell, Darlington, Fearing, Findlay, Martin, Pritchard, Sibley, and Visgar. Messrs. Fearing and Edgar appointed to prepare a bill to deflne tbe duties of county treasurers. Tuesday, Nov. 19ih. — The speaker laid before the House a letter from the Governor, accompanying the contract between the Board of Treasury and the Directors of the Ohio Company. A copy of the patent to them from the President of the United States. An extract from the records of the Ohio Company, and certain extracts from tho journals of Congress. The House resolved itself into Committee on the Memorial of Thomas Posey, and, after some time spent thereon, it was referred to a committee of three, to report by bill or otherwise. Tuesday, Nov. 26th. — Laid before the House a letter from the Governor, with a statement of moneys received and the appropriations thereof in the Territorial treasury. Mr. Langham and Mr. Goforth appointed to inquire into the state of the Territorial treasury. Wednesday, Nov. 21th. — Mr. Findlay laid before the House a resolution on the subject of industry and frugality, the encouragement of home manufact ures, and retrenching unnecessary expenses. Upon being read a first, sec ond, and third time, it was adopted by the House, as follows: Whereas, The present situation of the Territory requires of her citizens every lawful exertion in their individual capacity to promote her interest and extend her general importance, which can only be effected by a prudent management of domestic concerns, by a strict attention to industry and 452 The St. Clair Papers. to be repeated here, and are to be found in my correspondence Avith the judges, on record AvIth the secretary, copies of Avhich, if desired, shall be laid before the houses. The reasons that induced me to give Avay to it against a very clear conviction of its impropriety it frugality, by discountenancing idleness and di.ssipation, by encouraging home manufactures, and by retrenching unnecessary expenses; therefore. Resolved, That this House appoint a committee to prepare an address to the good people of this Territory, recomraending strict attention to the be fore inentioned objects. Mr. Langham, from the committee appointed for that purpose, presented, according to order, a bill to flx the terms of the courts of common pleas and for other purposes, which was read twice, and ordered to be committed to a committee of the wh^le House on Monday next. Tuesday, Dec. M. — A hill authorizing Jlr. Carey to raise a sum of money by way of lottery was negatived. Appointments, Dec. 18th. — His Excellency the Governor, has been pleased to appoint Eice Bullock, Esq., .'Vuditor of Public Accounts for the Territory of the United States north-west of the Ohio.' (1) ACTS PASSED BY THE LEGISLATUBE OF THE TEEEITOEY, PIEST SESSION, 1799. 1. To confirm and give force to certain laws enacted by the Governor and judges of the Territory. 2. Providing for the service and return of process in certain cases. 3. Regulating the admission and practice of attorneys and counselors at law. 4. Regulating inclosures. 5. Autborizing and regulating arbitrations. 6. Regulating the interest of money, and fixing the same at six per cent, per an num, and for preventing usury. 7. To establish and regulate ferries. 8. To prevent trespassing by cutting of timber. 9. Making promissory notes and inland bills of exchange negotiable. 10. To regulate grist mills and millers. 11. Establishing courts for the trial of small causes. 12. Providing for the appointment of constables. 13. To regulate the disposition of water-crafts of certain descriptions found gOne or going adrift, and of stray animals. 1-1. For the prevention of vice and immorality. lo. To create the offices of Territorial Treasurer and Auditor of Public Accounts. 16. Defining and regulating privileges. 17. To ascertain the number of free male inhabitants of the age of twenty-one in the Territory of the United States north-west of tbe River Ohio, and to regulate the elections of representatives for the same. 18. Regulating tlie flring of woods, prairies, and other lands. 19. To prevent thc Introduction of spirituous liquors into certain Indian towns. 20. Establishing and regulating the militia. 21. For opening aud regulating public roads and highways. 22. For the relief of poor persons imprisoned for debt. 23. For allowing compensation to tlie members of the House of Representatives, "Who attended to put in nomination thc members of the Legislative Council, and for defraying the incidental expenses accrued thereon. 24. To alter the boundary line between the counties of Jefferson and Washington. 25. For the punishment ot arson. 2e. Supplemental to the act entitled, "An aet to prevent trespassing by cutting of tiraber." Correspondence, Addresses, Etc. 453 is not necessary now to relate ; but it is proper that I should obsesve to you, gentlemen, that the laws so made are of very doubtful obli gation aud have been so spoken of frdm the bench, and that in that class Avill be found nearly all the laAvs avc have Avhich relate to crimes and punishments, the militia and to taxation. You avUI readily perceive that these will claim an immediate revision, and that they be either repealed and others substituted in their place, or be confirmed by a general laAV to give them force. Amongst the various subjects that will corae under your delibera tions, that of revenue slands very forward. The means of provid ing it may, perhaps, be considered, gentlemen of the House of Representatives, as falling properly AvithIn your province, but it is to be observed that there is nothing in the Ordinance for the gov ernraent of the Territory Avhich excludes the Council from a share in the formation or amending auy bill, of Avhat nature soever it may be, and the business of revenue avUI require the united Avisdom of both houses to devise the means Avhereby it may be adequate, and, at the same time, as little burdensome to the people as possible. No law now exists Avhich has revenue directly for Its object, except one adopted from the code of Kentucky at the last session of the legislature, for subjecting unimproved lands to taxation. As Ken tucky was not a State Avhen this government Avas erected, the va lidity of the laAV is very questionable, and the measures directed to be taken when the assessed taxes are not paid in the usual way and time, are not very intelligible. It is very desirable that all laAvs should, as much as possible, be free from obscurity, but in those that relate to taxation and revenue the utmost clearness and pre- 27. Allowing and regulating prison bounds. 28. To regulate the inclosing and cultivating of common fields. 20. Eepealing certain laws and parts of laws. 30. For allowing corapensation to the members of the Legislative Council and House of Representatives of the Territory of the United States north-west of the River Ohio, and to the officers of both houses. 31. Levying a Territorial tax on land. 32. Por tho appointment of county treasurers. 33. To encourage the kiUing of wolves. 34. Supplementary to the aet entitled, "A law for the relief of the poor." 35. For allowing compensation to the Attorney-General of the Territory and to the persons prosecuting the pleas in behalf of the Territory in the several counties. 30. Appropriating moneys for the payment of the debts duo from this Territory, and making appropriation for the ensuing year. 37. Regulating the fees of the constables in the several counties within this Ter ritory. 38. To regulate county-levies. 39. Authorizing the inhabitants of the fractional townships on which the town of Marietta is situated to lay and require a rent or tax from the occupiers of the frac tional section numbered twenty-nine, for the year one thousand eight hundred. 454 The St. Clair Papers. cision is essential, because there is always a disposition particularly to elude the operation of those laws. An effectual systera for the goA'ernment of the militia, for render ing it respectable, and enabling the community to derive from it that protection and defense Avhich is always contemplated to result from it, is of great importance, particularly by reason of our ex tensive frontier, bounded by savage nations. Fond of Avar as they are from custom and the habits of savage life, it is reasonable to expect Ave shall be sometimes embroiled with them ; the militia should, therefore, be so organized as to be able promptly to repel any occasional incursion, and to carry war into their country in case it should be necessary. At the same time, gentlemen, you will see the propriety of laws conformable to the public treaties of the na tion for protecting them in their stipulated rights, for rendering re dress in cases of injury and Avrong easy and sure, and for securing to thera, in their intercourse Avith us, a huraane, ajust, and generous treatment. By such means, aniraosities will be worn out on both sides, and many of the causes and incentives to war obviated. It has been heretofore a great reproach to those who liA'ed with them, that they communicated to them the vices only of a civilized life. It is to be hoped we shall Avipe away that reproach, and that, by our conduct to them and to each other, they raay be led to observe the advantages that flow from regular society, to embrace it, and with it the holy religion we profess, which inculcates all its duties. The benefits that result from early education, and due instruction in the principles of religion are of imraense value to every country, and are so obvious that an attention to them for the rising genera tion should be pressed upon you. In this country a very generous provision has been made for them by Congress, but has not yet come into operation. Certain sections or lots of land have been re served and set apart for the endoAving of schools and the maintenance of public worship. They are, however, only set apart for those purposes, and the fee of the soil, as well as the possession, is still in the United States. It Avill be proper that a respectful representa tion be raade to Congress, praying that they may be vested in trustees in such manner as may appear to you most consistent Avith the design that the comraunity raay, without delay, avail themselves of their benevolent intentions. To the lots for the maintenance of schools, another very liberal provision, in the same spirit, has been added, but from Avhich no advantage has yet derived to the people, neither, from circumstances, can any advantage flow from it for some time to come. A cora- Correspondence, Addresses, Etc. 455 plete toAvnship, or tract of land of six miles square, to be located with the approbation of the government of the Territory for the time being, as nearly in the center of the tract of land granted by the President of the United States, on the SOth day of September, in the year 1794, to John Cleves Symmes and his associates, and Avithin the term of five years from that date, has been excepted out of the said tract, and granted to them " in trust to and for the sole and exclusive intent and purpose of erecting and establishing therein an academy, and other public schools and seminaries of learning, and for endowing and supporting the same, and for no other intent or purpose Avhatsoever." From thence it became the duty of those persons to lay out the township, which has not been done ; but an attempt to do something towards it, or in lieu of it, was made by Judge Symmes on the 24th day of Jidy, 1798. He made an offer, in writing, of the second township in the second frac tional range of townships in the before-mentioned tract of land, and requested that it might be " approved of and proclaimed as the proper township for the purpose of endoAving an academy." It ap peared to me improper that that township should be approved, be cause it no way answered the description ofthe one granted in trust by his patent, and because I had certain information that claims lay to a considerable part of it, and that a suit in the chancery court of the United States to compel a conveyance was actually depending. The utmost limit of the time allowed to Mr. Symmes and his as sociates for setting out that toAvnship is at hand, and Mr. Symmes has informed me verbally that he has not an entire toAvnshIp in his possession, except the one Avhich has been refused ; it AviU, of course, gentlemen, be proper for you to consider of the measures to be taken, in order that the public may not be defeated in this very generous concession. The Ordinance for the government of the Territory provides that, so soon as a legislature shall be formed in the district, the council and House of llepresentatives, assembled in one roora, shall have authority, by joint ballot, to elect a delegate to Congress, Avith a rigbt of debating but not of voting during this temporary govern ment. This is, gentlemen, a right of no small consequence, for there are many raatters of considerable importance to the people that must come before and be decided on by Congress, and can only advantageously be brought forward and managed by their delegate, who, if the choice falls (as it certainly avUI) upon a proper person, although he will have no vote, he will not be without influ- 456 The St. Clair Papers. ence, and, for the information that may be necessary to the mem bers unacquainted with our circumstances, avIU naturally be resorted to ; and he Avill have an equal right Avith the members of the States that compose the Union to propose for their consideration any law that may appear to be useful to the nation or to the Territory. To the election of the delegate, you will be pleased to attend at such time as may appear to you raost proper. Laws to regulate the election of raembers of the legislature are wanting ; hitherto, the mode of electing theni has been prescribed by the Governor, and in such raanner as appeared least exceptionable. It is hoped it may meet with your approbation. The statute laws of England that Avere in force in the Araerican colonies of a later date than the 4th year of King Jaraes the First, have not been adopted here, Avhereby the peojile are depriA^ed of many excellent regulations in use in the United States, and particu larly of the celebrated Avrit of habeas corpus, which Avas not brought into practice until the reign of Charles the Second, and is justly considered as the best security against Illegal and oppressive im prisonings that Avas ever invented. It raay be proper that all of thera, down to the tirae of the Revolution, Avhich are not inconsist ent Avith the principles then erabraced, should be declared to be laws in the Territory. Much inconvenience has been experienced from the Avant of suf ficient jails in the several counties. The people in many of them liaA'e been saddled Avith the payment of large sums of money in conse quence of the escapes of prisoners under execution, and the public vindication of justice of the county has been often eluded. As the law UOAV stands, the sheriffs are not answerable for the escapes of prisoners, and while they have either no jails, or such as are not sufficiently secure, it Is unreasonable that they should be ansAverable. But, as the law Avhich exonerates them may lead to negligence in them and their under-officers, it would be proper to repeal it, and to pass laws to compel the inhabitants of every county to erect proper jails and couA'enlent court-houses. Considerable difficulties have arisen, and much injury to the morals and to the discipline of the troops of the United States, has resulted from the Avant of a laAV to prevent the sale of spirituous liquors to the soldiery, by persons licensed to vend them by sraall measure ; it ought to be prevented entirely, and severe penalties inflicted on every person purchasing from the soldiers, or exchanging Avith them any part of their clothing, arms and accouterments, or any public property which may be occasionally in their care. Correspondence, Addresses, Etc. 457 It has been the practice of some of the counties to raake the au thority of every constable co-extensive with the counties, and a he%vy mileage for the service of process has been alloAved thera, to the great oppression of the more indigent part of the community, and defeating entirely the intention of subjecting small demands to summary decisions. Constables ought to be confined to a particiUar precinct, beyond Avhich they should have no authority ; and the sub divisions of the counties, commonly called toAvnships, should form those precincts, and ought not to b.e more extended than that a per son could travel conveniently from end to end of them in the course of a day. The necessity of many local regulations suited to particular places, must result from the great extent of the Territory ; these Avill be suggested by the members, Avho, coming from every part of it, are best acquainted Avith Avhat they particularly require. One more subject had like to have escaped rae. I recoraraend it to you to fix the rate of interest of money, and to prevent, if it can be prevented, the practice of usury, Avhich has already got footing amongst us. A large field of business has been opened to you, gentlemen, and it will call for a patient, but I hope not a painful exercise of your faculties, and it may be added to in the course of your session, by .occasional messages. The providing for, and the regulating the lives and raorals of the present and of the rising generations, for the repression of vice and immorality, and for the protection of in. nocence and virtue, for the security of property and the punishment of crimes, is a sublime employment ; every aid in my poAver will be most willingly afforded, and I hope we shall bear in mind that the character and manners of a people, and their happiness, both here and hereafter, depend very much upon the spirit and genius of their laws. Reply of Council to the Governor. September 28, 1799. Sir: — The legislative council participate Avith your Excellency in the pleasure arising from a aubav of the beneficial change Avhich has just taken place in the administration of our temporary Govern ment. While Ave regret that circumstances rendered it necessary for us to continue so long under its first stage, we most heartily concur in opinion Avith your Excellency that the system appointed by Con- 458 The St. aair Papers. gress was well adapted to the state of society Avhich was necessarUy to follow, aud that it was full of Avisdom and benignity, and we most cordially embrace this first opportunity of testifying our gratitude to the Federal Government for the paternal care which they have ex ercised over the colony. The many and important services which have been rendered our Territory and the United States at large by your Excellency for a series of years ; and the virtue, integrity and talents Avhich those services have displayed, afford the strongest proof that your public acts have been founded in Avisdom, and dictated by the purest desire of promoting the happiness of the people. We, therefore, conclude that the circumstances which induced your Excellency to give way to the innovation Avhich Avas formerly made on the Ordinance by enacting instead of adopting laAvs, Avere fully sufficient to justify the raeasure; those laws being considered of doubtful obligation, shall receive the attention of the council. The proraotion of morality, the suppression of vice, and the en courageraent of literature and religion, deeply involve the prosperity and happiness of every country ; but, in republican goA'ernments, which are supported by public opinion, they are of peculiar iraport ance ; the views of the people raust be honest, and their understand ings enlightened, or we shall hold our liberties by a very uncertain tenure. Impressed Avith these sentiraents, Ave need scarcely assure your Excellency that the council will loose no opportunity of ad vancing these most important objects. We pei"celve that a large field of business has been opened to our view which avIU call fbr a patient, if not a painful, exercise of our faculties ; but Ave will comraence the task, though with the greatest diffidence, relying on the aid Avhicli you have been pleased to promise us. In the course of the session the raany iraportant matters con tained in the coraraunication raade by your Excellency to both houses of the legislature shall receive our most mature and delib erate consideration. H. Vanderburgh, President Pro Tem. The Governor's Response. Gentlemen: — I pray you to accept my acknowledgments for this very obliging answer, which you have been pleased to make to my communications on the opening of the session. Guided by a sincere desire to promote the welfare of the people. Correspondence, Addresses, Etc. 459 my administration has been uniformly directed to that end, and the recognition by the council that it has not been entirely missed, is extremely grateful. Deeply impressed Avith the persuasion that in the practice of religion and morality the best interests of every people are involved, and of the extensive advantages of literature ; the conteraplation that the first have already taken root in the Ter ritory, and that the means of procuring tbe other will soon be put in train, and both of them be fostered by the legislative council and tbe House of Representatives, must be verily pleasing to every reflect ing mind. And unless the people be honest and enlightened, their Uberties Avill not only be held by an uncertain tenure, but though they should possess all the advantages that flow from them, they can not be enjoyed. I could bave wished, gentlemen, that less business could have been laid before you at this first meeting, but the greatest part ofit could not be postponed, aud though it may appear a task, it will lessen on a nearer vicAV, and the deliberate consideration you promise to give it, for wbich I return you my thanks, will render it easy. Reply of the House of Representatives.^ Sir : — It is a principal ingredient in the composition of national happiness that the people can place full confidence in their first magistrate, a confidence confirmed to them from their knowledge of his uniform endeavors to promote their national prosperity. As the representatives of the people of this Territory, we thank your Excellency for that display of benevolence manifested towards them and their interests in your address to botb the branches of the legislature, and rejoice that the uniform tenor of your administration affords ample ground for our unbounded confidence therein. It is witb real pleasure that the House of Representatives join with your Excellency their mutual congratulations to the citizens of this Territory on that accession of privilege, so ardently Avished -^Resolved, That Mr. Speaker, preceded by the Sergeant-at-Arms, and at tended by the House, do present the said address, and that Messrs. Small and Langham be a committee to wait on his Excellency, to know where and when it Avill be convenient for him to receive the same. Messrs. Small and Langham returned and reported that, according to orders, they had waited on his Excellency, who signifled to them that it Avould be convenient for him to receive the said address at twelve o'clock to-morrow, in his own chamber. — From Proceedings of the House of Bepresentatives, Monday, Sep tember 2>0th. 460 The St. Clair Papers. for, which places the power of legislating in men of their own choice ; for, however just your Excellency's observation is Avith respect to the system of government under Avhich this Territory has been gov erned, it was impossible that laAvs adapted to the local circumstances of an advanced stage of government could accord Avith our infantile situation and peculiar exigencies. We are sensible, sir, that, at this stage of governraent, subjects of legislation are numerous, and that araong the great variety that may be presented, the subject of revenue stands foremost, and calls for instant and attentive consideration ; and as a Avell-regulated militia is, and ought ever to be, regarded as the protection and defense of the comraunity, we assure your Excellency that no endeavors on our part shall be AA'anting to make it both respectable and efficient. With much satisfaction Ave recognize your Excellency's observa tions on the benefits resulting from an early education, and due instruction in the principles of science and religion, which Ave know are of immense value to every country and in every clime ; where the}' are suitably inculcated they naturally produce a sincere and disinterested love of truth and virtue. They expand the human miud by removing its ignorance and eradicating its prejudices, in spiring it, at the same time, AvIth the sublimest ideas of the great original cause, and promoting a pure knoAvledge of and acquiescence in the duties and blessings of a civilized life. We, sir, conceive the subject to be so very interesting and important to the rising genera tion of this country, that it would, in us, be a want of duty to let it pass this session AvIth inattention or indifference, more especially from the consideration of the very generous provision Avhich Con gress has made in different parts of the Territory, and from which, we believe, the public has not, in any instance, yet derived advan tage We shall, sir, attend to the mode pointed out by your ExceUency for effectually securing the fee and occupancy of the lands reserved by Congress for the use of this Territory, so that the community may, without delay, avail themselves of their benevolent intentions. We thank you, sir, for the circurastantial account jou have given us of the College toAvnship in the Miarai grant, and, Avhile we ex press our obligation to the General Government, we pledge ourselves to your Excellency, to our constituents, and to posterity, that we Avill use the utmost of our endeavors to have justice done in this particular case, as well as to make such appropriations of lands re served for the use of the Territory as may appear most prudent and advisable. Correspondence, Addresses, Etc. 461 To the election of a delegate to Congress we shall attend iu due time, as well as to draft a laAV to regulate the future election of members of the Legislature. We, sir, are fully sensible of the benefits accruing to the citizens of the Union from their having incorporated Avith the body of the laws of their respective States the statute laws of Great Britain, which are of a general nature, down to the period of the Revolution. Among the useful regulations resulting from thera, none are more beneficial than the habeas corpus act, passed in the reign of Charles the Second. These, sir, Avith every other subject which you have communicated for our deliberation, Ave form a thorough sense of their importance and propriety, and will make the objects ofour early attention. Ex tensive, sir, as the field of business is which uoav demands our labor, yet, should circumstances render it necessary that the same should be enlarged, it becomes our duty, Avith patience and alacrity, to ex ercise our faculties for the real advantages of the people who have intrusted it to our care. Irapressed with the clearest belief, founded on experience and supported by history, that the spirit and genius of the laws form the characters and manners of the people, we, relying, therefore, on the assistance your Excellency has offered, shall withjjromptitude co-operate with you in promoting the cause of morality, in the pro tection of innocence and virtue, in the security of property, and in the prevention of crimes, by mild and equitable laws, calculated to bring offenders to speedy and exemplary punishment. Edward Tiffin, Speaker of ihe House of Representatives. Sept. 30a, 1799. Response of the Governor to the Reply of the House of Representatives. ' Gentlemen: — The very obliging ansAver you have noAV made to my communications on the opening of the session demands vei-y Avarm acknoAvledgments. To enjoy the confidence of the people, and to meet with the declaration of it frora their representatives, gives rise 1 The speaker, preceded by the sergeant-at-arms, and attended by the House, withdrew to the chamber of his Excellency, and there presented him the ad dress of this House, in answer to his speech to both Houses, to which his Ex cellency made the following reply. — From Proceedings of the House of Representatives, Oct. 1st. 462 The St. aair Papers. to feelings which are not easy to be expressed. They are, indeed, very pleasing. It has always been my ardent wish, by every proper means within my reach, to promote their welfare and prosperity ; and I dare venture to assure you, that while I have the honor to ad rainister the government, the desire will not be weakened, neither will the endeavor to accomplish it be relaxed. I very thankfully receive, gentlemen, your assurances that the business laid before you will be attended to Avith patience and alac rity ; and I am fully persuaded that no endeavors will be wanting on your part to procure for the people all the advantages that floAV from good laws, calculated to repress Adce, to protect Innocence, and to render civil and personal liberty and prosperity secure — advan tages which if diligently and wisely iraproved, will render the peo ple prosperous and happy. Governor St. Clair to Captain Sedgwick, Commanding at Fort Miami. CiNCLNNATI, Oct. Gth, 1799. Sir : — I wrote to you yesterday that the Indians had declined re ceiving their goods this fall, and that it would, therefore, be unnec essary for you to reraain at Fort Miami longer than until they, to gether with the provisions, were removed, Avhich has been directed to be done. I am since, very fortunately, well informed it was all a mistake, and that, though they would not all be there, much the greatest part of the nations would attend. It was expected, and it was my intention, to have gone to meet the Indians at the tirae they received their presents. The meeting of the legislature put that out of ray power, and they were informed that the secretary would go in ray place and see their stipends dis tributed. He is ill, and can not go, and there is no person here Avhora I can send for that purpose. I am, therefore, under the neces sity of requesting you, sir, to take that trouble on yourself. It is, no doubt, not your iraraediate duty, but I have that confidence in the gentlemen of the American army to believe there is not one of them who Avould not Avillingly take some trouble to give satis faction to the people Avith whom the nation wishes to be at peace, and to obviate any inconveniences arising from unforeseen disap pointments, as in the present instance; and you will be sensible that it is iraportant that the presents should be delivered with at least so much solemnity as to impress the savages with the opinion that they are honestly dealt with. I have Avritten to Mr. Baggs, in Correspondence, Addresses, Etc. 463 whom they have much confluence, to give you bis assistance, and the invoices you will flnd inclosed. The goods are put up in sep arate packages, and marked Avith the name of the nation they are designed for. When the packages are opened, the articles can be compared with the invoices in the presence of the chiefs of the nations for which they are directed. Forraal certificates of the de livery are required. The instructions of the Secretary of War on that subject, are in these words: " It is to be understood that certificates of the delivery of the stipends are to be transmitted to this office, signed by the person appointed to attend to the delivery, and by one or more of the officers of the garrison at which the de livery is made." You avIU be pleased, sir, to attend to this circum stance, sign duplicate certificates of the delivery made by you to each nation, and let them be countersigned by one or two of the more respectable persons who may be at the place, and send one of each to the War Office, and the duplicates to me. Considerable trouble Avill attend this business I have requested you to undertake. It will be acceptable to the Government, and no doubt a suitable compensation will be made. The letters for Colonel Strong and Mr. Earnest, or the agent of tbe quartermaster at your post, Avhich were sent by the express yes terday, should they come to your hands, you avUI be pleased not to forward to either of them, but send back to me. Governor St. Clair to Captain Sedgwick. Cincinnati, October ISth, 1799. Sir: — I wrote to you on the Gth instant, by express, and requested the favor of you to take the trouble to direct the distribution of the stipendiary goods to the Indians at Fort Miami. It was not with out considerable reluctance that I took that liberty. The meeting of the legislature rendered it impossible for me to go, as had been intended if they had arri\'ed earlier, and the secretary havdng been taken sick, and, besides, appointed to represent the Ter ritory in Congress, he could not go, and I had no person here that could be depended on, or that would have been sufficiently re spectable to send out, so that it became a matter of necessity that I should request it of you. By to-morrow's post I shall inform- the Secretary of War. The Miamis and Wabash Indians avUI not attend at Fort Miami, and have requested that their goods may be sent to Fort Wayne, 464 The St. Clair Papers. and kept for them until next May. To this I have consented, not from choice, but because it could not be avoided, for they had been at Fort Wayne some time ago to receive thera, and are returned to make their fall hunt. Whether they can be sent up the Miami at this time I can not judge here, but if they can not, they must be taken back to Detroit, and forwarded from there at a suitable time. I have Avritten to Mr. Earnest on the subject, and I beg the favor that you will forAvard the letter to him. P. S. The agent at Fort Wayne informs me that the Pottawat- omies will not go to Fort Wayne this fall, but I belieA'e he is mis taken. Should they not appear, their goods, likewise, must go to Fort Wayne. Goveenoe St. Claie to the Seceetaey of Wae. October 14th, 1799. Sir :—l had expected to have given you the trouble of perusing a pretty long letter by this post. It would have contained the issue of a conference Avith Blue Jacket and another chief of the Shaw anese, in truth, little important in itself, Avhich lasted some days, and another Avith the Wyandots, a number of whom are here from Detroit. They have kept me very late to-day, and their conference is not over, and raust, of course, be postponed, but the inclosed ex tract of a letter to Mr. Sibley, a raeraber of the legislature, which he gave rae this afternoon, I thought ought not to be delayed, es pecially as I thiuk the Indian affairs are in a critical situation. I can not give instances which Avould justify the opinion, but I do believe they are seeking an occasion to break with the United States. Goveenoe St. Claie to Captain Sedgwick. Cincinnati, October 15, 1799. Sir : — On the 13th instant, I had the honor to write to you again by express, but, as sorae little mistake Avas committed by him in trusting the letter to a private hand going to Fort Wayne, It is pos sible it may not reach you as soon as this, Avhich is sent by a man of the contractor's, who goes direct' to Fort Miami. I now give you a copy of it. [Letter of October 13th follows, Avith this P. S. added :] To that letter, sir, I have very little to add, but to inform you that I have learned the Indians about Laguena have taken it into Corrispondence, Addresses, Etc. 465 tbeir beads that they have been called together at Fort Miami for the purpose of cutting them all off at a stroke. I depend, sir, on your prudence and good sense to make them sensible that Fort Miami Avas open for the sole purpose of making the delivery of the goods as convenient to them all as it was possible, the loAvness of the waters preventing their being carried to Fort Wayne, where it had been agreed that they should be distributed. It will be necessary, sir, that you prevent any and all of the traders from bringing spirituous liquors to Fort Miami, and if any has been brought, to store it until the delivery is over and the In dians gone ; otherwise, you avUI not only have a great deal of trou ble with them, but they will be stripped of every thing they receive, and, of course, go off discontented. I shall be happy to hear from you. Go-VEENOE St. Claie to the House op Repeesentatiates. Cincinnati, October 16, 1799. Gentlemen : — In compliance Avith the request made by you yester day, tbat I would furnish you Avith all the information respecting tbe township reserved out of the grant of land made by the United States to John Cleves Symraes and his associates for the purpose of erecting an academy therein, which I was in possession of, I have made the following statement : By an act of Congress, entitled "An act for ascertaining the bounds of a tract of land purchased by J. C. Symmes and his asso ciates, passed on the 12th of April, 1792," the President Avas em powered to alter the contract made betAveen the late board of treas ury and the said J. C. Symmes for the sale of a million of acres, in such manner that the tract might extend from the mouth of the Great Miami to the mouth of the Little Miami, and be bounded by the Ohio on the south, and by a parallel of latitude extending from the Great to the Little Miami, so as to comprehend the proposed quantity. By another act of Congress, entitled "An act authorizing the- grant and couA^eyance of certain lands to J. C. Symmes and his as sociates, passed the 5th of May, 1792," the President Avas empoAv- ered to issue letters patent to the said J. C. Symmes and his asso ciates, thereby conveying to them and their heirs and assigns such number of acres of land as the payraents then made by him, his agents, or associates, would pay for, estimating the lands at two- Vol. 11—30. 466 The St. Clair Papers. thirds of a dollar per acre, and raaking the reservations specified in the said contract. The third section of that act further erapowers the President, by letters patent, to convey to the said J. C. Symmes and his asso ciates, their heirs and assigns, in trust, for the purpose of establish ing an acaderay and other public schools and seminaries of learning, one complete tOAvnship, conformably to an order of Congress of the 2d of October, 1787, made in consequence of the application of the said J. C. Syraraes for the purchase of the tract aforesaid ; and by the fourth section it is enacted that the several quantities of land to be granted and conveyed as aforesaid should be included and located within such liraits and lines of boundary as the President raight judge expedient. On the 80th of October, 1794, letters patent were made by the President to J. C. Symmes and his associates, granting and convey ing to thera, in pursuance of the above act, a certain tract of land, beginning at the mouth of the Great Miami River, and extending along the Ohio River to the mouth of the Little Miami River, and on the north by a parallel of latitude to be run from the said Great Miami to the Little Miami, so as to coraprehend three hundred and eleven thousand six hundred and eighty-two acres, out of AA'hich were excepted lots nuraber 16 and nuraber 29, for the purposes of educa tion and religion; and the lots numbers 8, 11, and 26, for the pur- jioses Avhich the Congress thereafter niight direct out of each town ship in the sarae (and provision Avas made that the tract should be laid out into tOAvnships of six miles square) , and fifteen acres, including Fort Washington. By the sarae letters patent, it is de clared that one coraplete toAvnship of six railes square, to be located with the approbation of the Governor of the Territory, for the tirae being, and in the raanner and within the terra of five years, as nearly as raay be in the center of the tract before granted, hath been and is granted, and shall be holden on trust, to and for the sale of and exclusive intent and purpose of erecting and estab lishing therein an academy and other public schools and seminaries of learning, and endoAving and supporting the same, and to and for no other use, intent, or purpose whatever. Many applications respecting this toAvnship so granted for an acaderay Avere raade to me by the people of the county of Hamilton, but, as I had then never seen the patent to Mr. Symmes and his as sociates, and did not know that the approbation of the Governor of the location that might be made by them Avas required, it was re plied that I could do nothing in it, and saw no course to be taken. Correspondence, Addresses, Etc. 467 if they had broken the trust, but an application to Congress ; at length, a gentleman informed me that he had seen the patent, and the Governor's approbation of the location was expressly required. I then called upon Mr. Syraraes and requested him to allow me to peruse his patent, Avith which he readily complied. I found it to be, with respect to that townshlja, as it had been represented, and a copy of it has since been transmitted to me by the Secretary of State. Mr. Symmes then informed me of the application Avhich had been made to me, and the necessity of laying out the toAvnshIp, on Avhich he spoke of the second township iu the second fractional range of townships. Occasional conversations passed between us on the subject several times afterAvards, andon the 24th July, 1798, Mr. Symmes wrote a letter to me, which I send hereAvith, making a formal offer of the toAvnship for my approbation. In conversation, soon afterwards, I stated to him the objections I had to that town ship, and the matter rested a considerable time, I, supposing the ob jections I had made would be considered by him as a refusal to approve ; but, the matter being brought to my vicAv again, hearing of no new location, and reflecting that the offer had been made in writing, and might possibly be considered such a location as the patent required, and that the refusal had been only verbal conver sation, which might easily be forgotten, and could not be made to appear, on the 19th of last July, I wrote a letter to Mr. Symraes, from which the folio Aving is an extract : "I have never, sir, form ally replied to your letter of the 24th of July last, Avherein you pro posed the second toAvnship in the second fractional range of town ships in the lands granted to you by patent on the SOth September, 1794, should be excepted to satisfy the declaration in said patent, that one complete township, or tract of land of six miles square, to be located Avith the approbation of the Governor of the Terri tory for the time being, as nearly as might be in the center of the tract thereinbefore granted, to be held in trust by you and your as sociates, to and for the sole and exclusive purpose of erecting and establishing an academy and other public schools and seminaries of learning, and endowing and supporting the same, Avas excepted out of the said grant ; and you requested that the township then pro posed should be approved by me and proclaimed as the proper town ship for the purpose of endoAving an academy in the Miami pur chase. I say, sir, to that proposal I have never formaUy replied ; but, you will please to recollect, sir, that, before you sent me the above letter, and after I had receiA'ed it, you informed me, in con versation, that it was tbe only complete township that remained in 468 The St. Clair Papers. your possession, and, of course, you could assign no other for the academy ; that I mentioned my doubts that you could not assign that one either, for I had been informed that one-half of it had beeu sold to Mr. Boudinot, and the deed for it, from you to him, Avas upon record here, and other parts of it Avere claimed by other persons ; that you observed it Avas not a deed of sale to Mr. Boudi not which you bad raade, but a conditional contract, and that the contract not having been fulfilled on his part, the obligation ceased upon yours, and you had a right to dispose of it as you thought proper. To that it was replied that, supposing the case to be so, still I could not think myself justifiable in approving of the pro posed location, since, however it might terrainate, a lawsuit was un avoidable ; and, also, that it did not, in any Avay, correspond with the situation pointed out, to Avit: as nearly in the center of the tract as may be. On that, we parted, after your again requesting me to Adew the proposed toAvnship, and examine its natural advan tages. I have not, sir, examined tbe township, because I have been' informed by every person I have conversed Avith on the subject, and I have conversed Avith a great many on it, that a very small part of it is fit for cultivation, and I have since learned that a suit in chan cery has been commenced by Mr. Boudinot to compel you to make a deed for that part of it conditionally sold. As all this conver sation may, hoAvever, be forgotten, and the offer, or location, as it may, perhaps, be called, of the second township in the second frac tional range of townships therein to establish an academy, etc., has been made in Avriting in the before-mentioned letter of the 24th of July, 1798, it is proper that the approbation or disapprobation of the same should be In Avriting also. I request you, therefore, sir, to take notice that, for the reasons above raentioned, to wit : that the title to a part of it, at least, is in dispute ; that it does not answer to the situation called for in the patent ; and, that, according to in forraation, it is of very raean quality, Avhich, if true, Avould defeat the purpose for which it Avas granted ; the location of the second township in the second fractional range of toAvnships, for the pur pose of erecting therein an academy and other schools, and for en- doAving and supporting the same, is not approved, and can not by me be declared to be the lot granted by you in trust for those pur poses, and I must request you, sir, as soon as raay be, to point out another township free frora those objections." To that letter I have not received an answer. The applications which Mr. Syraraes made to Congress for a town ship for an academy, a copy of which I have lately seen, points out Correspondence, Addresses, Etc. 469 the place contemplated by him, Avith more precision than the patent does. The request is that it may be granted as nearly in the center of the tract and opposite to the mouth of Licking as may be, where the soil and situation in other respects raay be suitable. (I do not give the very words, because I did not take a copy), and it would seem that a certain toAvnship answering that description had been somehow pointed out at an early day, for there is one ansAver- ing the description in all respects that, to this day, is distinguished by th'e name of the College township. The sale to Mr. Boudinot, before spoken of, is contained in certain articles of agreement entered into between Mr. Symmes and him on the 12th day ofMarch, 1788, and recorded in book No. 2, letter B, page 107, of the records of the County of Hamilton, which, .after a recital setting forth that Mr. Symmes had contracted with Congress for a large tract of land betAveen the Little and Great Miamis, proceeds, after another recital, in these words: "And, whereas, the said John Cleves Syraraes intends to and purposes to reserve to himself in the said purchase, in his private right, one cer tain toAvnship in the fork of the Ohio and Great Miami, and the fractional parts of those toAvnshlps and sections Avhich lie betAveen such toAvnship and the Ohio and Great Miami, on Avhich he hath laid out a plan of a city on paper, etc. ," and then goes on after that description: " And, Avhereas, the said Elias is desirous of becoming jointly and equally interested in the said toAvnship, sections and fractions with the said John Cleves Symmes, and in the said city, and reserved lands, in case he shall obtain a deed for the same from Congress. Noav, these presents witness that the said J. C. Symmes, for and in consideration of the sum of one hundred pounds, laAvful money of the State of Ncav Jersey, to him in hand weU and truly paid, and also of the sum of oue hundred pounds more to be taken by the said J. C. Symmes out of the first share of the sales he may make of other properties, so to be sold in common betAveen them, belonging to the said Ellas, hath agreed to sell, transfer and confirm; by these presents doth engage to sell, transfer, convey and confirm, unto the said Elias Boudinot, his heirs and assigns forever, when ever and as soon as the said J. C. Symmes shall obtain a deed thereof from Congress, the one equal and undivided moiety, or half part of all and singular the said township, sections and fractions of sections, and reserved lands, as aforesaid, elected and taken by the said J. C. Symmes iu the forks of the said rivers as aforesaid, subject to certain regulations and additions which are there set forth." It is aUeged that the township which Mr. Symmes has offered in lieu 470 The St. Clair Papers. of tbat in the center of his tract, granted to him in trust for art academy, is one of those mentioned in the aforesaid articles of agree ment. This, gentlemen, is all the information I can give you respecting the College township; had I possessed more or better, it would bave been freely communicated. Goveenoe St. Claie to the Legislative Council. Cincinnati, October 19th, 1199. Gentlemen of the Legislative Council: — In compliance with your request that I Avould give you such information as I was in posses sion of respecting lands that had been granted or reserved by the Congress of the United States to the Territory for public purposes, made through your coramittee, yesterday, I have the honor to observe : That the Ordinance of Congress of the 20th of May, 1785, directs tha* the lands in the North- Avestern Territory which have been pur chased of the Indian inhabitants, shall be laid out into ranges of townships of six miles square, and fractional parts of townships, by lines running due north and south, and others crossing them at right angles. The toAvnships, or fractional ' parts of townships, to be designated by nurabers progressively from south to north, and so soon as seven ranges of tOAvnshljis shall be surveyed, the Board of Treasury shall cause the same to be sold at public vendue. But the lots numbered eight, elcA^en, tAventy-six and twenty-nine, out of every township, and out of every fractional part of a tOAVnship so many lots of the same numbers as shall be found in them, are ex cepted from the sale so ordered, and reserved by the United States for future sale. The lot nuinber sixteen of every township is also excepted out of the order of sale and reserved for the maintenance of public schools within the said toAvnshlps. By the poAvers given by Congress to the Board of Treasury, on the 23d July, 1787, to contract for the sale of Avestern lands, it is declared that the lot No. 16, in each township or fractional part of a township, is to be given perpetually for the purposes of religion. The lots Nos. 8, 11, and 26, in each toAvnship or fractional part ofa toAvnship, to be reserved for the future disposition of Congress. Not more than two complete townships to be given perpetually for the pur poses of a university, to be laid off by the purchaser or purchasers, as near the center as may be, so that the same shaU be of good Correspondence, Addresses, Etc. 471 land, to be applied to the intended purpose by the legislature of the State. In consequence of the above powers the Board of Treasury did enter into contracts for certain quantities of land with Messrs. Cutler and Sargent, on behalf of the Ohio Company, and AvIth Messrs. Dayton and Marsh, on behalf of John Cleves Symmes and his associates. By the letters patent granted to Mr. Symmes, the lots numbered 8, 11, 16, 26, and 29, are excepted out of the grant, and reserved to the United States for the purposes to which they had been appropriated. No. 16 for schools, according to the Ordi nance of 20th May, 1787, and the lot No. 29 in each toAA'nship for the purposes of religion, the lots 8, 11, 26, for such purposes as the Congress of the United States should thereafter direct. From thence it appears that, although the lots Nos. 16 and 29 are appropriated, and are to be given perpetually for the purposes above mentioned, they have not actually been given, and the fee of them remains in tbe United States. Whether like reservations and exceptions were made in the patent issued to the Ohio Corapany I am not able to inform the Council, but it is highly probable they Avere made, because the petition of Mr. Symmes to Congress of the 29th August, 1787, prays that Congress avUI be pleased to direct that a contract be made by the Board of Treasury with him, for himself and his associates, in all respects similar in form and matter to the grant made to Sargent and Cutler, differing only in quantity and place, and, instead of two townships for a university, that only one be assigned for the benefit of an academy, which petition was by Congress referred to the Board of Treasury, to take order the 2d October, 1787. Why Mr. Symmes declined accepting of two townships for an acaderay, is not easily to be iraagined. For further information respecting the" township granted in trust to Mr. Symmes and his associates for an academy, I beg leave to refer the Council to a comraunication made to a coraraittee of the House of Assembly, sent herewith. I have the honor to be, etc. Rufus Putnam to Thomas Worthington. Marietta, October 24, 1799. . I wish to be informed of the distance from Chillicothe to Cincinnati, the practicability of a mail being carried from one to the other, an account of roads, Avaters, means *of subsistence, and distance between stages. I Avant, also, to know the distance from 472 The St. Clair Papers. Cincinnati through Kentucky to Limestone, by the route the niail UOAV traA'cls, and also from Limestone to Chillicothe. I also request you to inform me of the distance from the Salt Springs to Pepe, from Pepe to Chillicothe, from Pepe to Limestone, and frora Chilli cothe to Licking on the Muskingura. My object in the inquiry is, to point out to the Postraaster-General the situation of the principal settlements in the Territory, and our connection Avith Kentucky in point of communication by all the roads or routes that are or may be opened Avith a probability of success. It has appeared to me that, if practicable, the mail for Cincinnati ought to go direct from Chillicothe to that place ; that a rauch better arrangeraent may be made than the one at present for the accommodation of the public in general, without any additional expense. Your compliance with my request, and opinion on the subject, will much oblige your friend.^ Message from the Governor to the House of Representa tives. Cincinnati, November llth, 1799. Gentlemen : — I herewith transrait a representation and request of missionaries of the Church of the United Brethren, made to me some time ago. The object of that mission is the propagation of the Christian religion araong the Indians, the attainment of which they find impeded by the introduction of spirituous liquors into the set tlement under their care. The design is in itself so laudable, and, at the same time, attended Avith so many difficulties, that I can have no doubt of the legislature reraoving every obstacle to the accom- plishraent of it that can, Avith propriety, be removed by them, and I recommend the subject to their consideration. Goveenoe St. Claie to Olivee Wolcott. Cincinnati, Decemher 2d, 1799. Sir : — The petition to Congress from the people who have pur chased lands of Judge Syraraes beyond the bounds of his patent, which I took the liberty to raention to you as intended, and which you desired might be sent on through me early in the session, I bave inclosed to Mr. Ross, of the Senate, by post, and have re- ^ MS. Worthington Papers. Correspondence, Addresses, Etc. 473 quested him to communicate it to you. Their situation is really distressing. It would, perhaps, have been most proper that, as the Territory will have a representative in Congress, it should have been committed to him, but his being the son-in-laAV of Mr. Symmes is against it, and the pains that Avas taken to get him elected has induced a general belief that to secure a support in that body Avas bis principal motive. That Mr. Harrison should take any pains against him is not to be expected, and it Avould have been indeUcate to put the presenting of the petition upon him. Addeess of the Legislature to the Citizens op the Teeei toey of the United States north-west of the Ohio. Fellow-citizens : — We are not insensible of the honor conferred on us in selecting us to the honorable though arduous task of fraraing laAVS to protect and secure the personal rights and the property of so numerous and respectable a class of raen settled over an exten sive tract of country. Hoav far Ave have succeeded in the execution of our duty to effect so desirable and important an object, can only be known Avhen those laAVS shall come into operation ; but if good intentions can entitle us to your approbation, Ave shall receive it from a brave and generous people Avith pleasing sensations. It must bave been easily foreseen that the expenses arising on our entering upon the present stage of government Avould be considerable. To provide for these expenses, a land tax presents itself as the principal, if not the only, object of which we could avail ourselves for this purpose. We conceive this the least burdensome to the greatest class of citizens, as no small proportion avIU be paid by per- . sons living without the Territory owning large tracts of land therein. Our soil, cUmate, and navigable Avaters present to the raind of ob servation and conteraplation the most pleasing vIcavs and prospects of the future greatness and iraportance of this part of the Araerican ¦ empire, but to realize these advantages exertions must be made, which are within the power of an industrious, enterprising, and en lightened people. Let the present generation set the example by discountenancing idleness and dissipation, and, on the other hand, by encouraging industry, frugality, temperance, and every moral virtue, and in a fcAV years the desert Avill disappear before the hand of industry, the fields will be covered Avith flocks, and the face of nature avIU blossom like the rose. Religion, morality, and knowl- .edge are necessary to all good governraents, say the venerable framers 474 The St. aair Papers. of our Constitution, and to this great truth every man of liberal in formation will subscribe. The liberal grants of lands from the United States, for the purpose of erecting and endoAving a univer sity, and other seminaries of learning, for private schools, and for the support of religion, are adA'antages superior in these respects, perhaps, to those which any other country can boast of, and no time will be lost in bringing these adA'antages Into actual operation. To these advantages let us contribute, as far as possible, that wisdora, knowledge, and virtue may be widely diffused. Let us inculcate the principles of humanity, benevolence, honesty and punctuality in dealing, sincerity, charity, and all the social affections. Let it be reraerabered that the foundation of public prosperity and happiness raust be laid in private families. Every well-ordered family is a little araiable coraraunity ; and a great coraraunity made up of such families raust be prosperous and happy at home, and respectable abroad. Edward Tiffin, Speaker of the House of Representatives. H. Vanderburg, Presideni of Hie Council.. Attest: John Reily, Clerk of tlie House of Representatives. W. C. Schenck, Secretary to the Council. December ISa, 1799. Speech of Governor St. Clair to the Legislature, on the Day of their Adjouenment, Dec. 19th. Gentleman of the Council and House of Representatives : — I have de sired you to meet together at this time in order that an end may be put to the present session of the legislature, which, from the va riety of important raatters brought before it, has been drawn into considerable length, and from that circurastance raust liave been at tended Avith some inconvenience to you. I could have wished that it had ended at an earlier day, so that the members Avho corae frora a great distance raight have been able to reach their respective homes before the severity of winter ; but that could not be without post poning business which did not well admit of delay ; and I can not let slip this opportunity before Ave separate of acknowledging the satisfaction I have received from the patience, the temper, and the- Correspondence, Addresses, Etc. 475 industry which have been manifested in your deliberations, and the iir in persuasion I have that the best effects wUl follow from them. It would have given me peculiar pleasure, gentlemen, if I could have agreed with you in CA'-ery thing that was done, and I request you to believe, that where I have dissented from any of your acts it was uot without much doubt, and after the best consideration I was able to give them. The Ordinance for the government of the Territory baving made the Governor a branch of the legislature and placed in him a negative upon the acts of the other two branches, it be came an indispensable duty for me to view them in every light, and to trace them to all their consequences as fully as I Avas capable of doing it ; and, having done so, I was bound by every tie of duty and of conscience to foUoAV the dictates of my oavu mind. Considering the nature and effect of that negative, there Avould have been a striking impropriety in noticing any of your acts AvhUe they Avere on their passage through the respective Houses ; and it Avould have been no less improper, Avhere I could not agree to thera, to have stated my objections and have sent them to you, because you were under no obligations to consider them, and might, without any in decorum, have refused to hear them read. It might cA'^en have been resented as an attempt to influence ypur deliberations ; but there is no impropriety in their being mentioned, or in your hearing them now, and I Avill give you that trouble were it only to satisfy you that I did not act from caprice. The act to regulate marriages was not approved, because children of any age were thereby made capable of not only being be trothed, but actually married to all intents and purposes, if the con sent of their parents and guardians was obtained ; because, though persons of certain descriptions only were authorized to celebrate tbe marriage rites, there Avas no prohibition to persons of any other description to celebrate them, nor any penalty imposed upon them if they took it upon themselves to do so. The act to regulate taverns and other public-houses, especially in country places, has the worst effects upon the industry and the mor als of the people; and that act Avould probably bave multiplied tbem eventually, for it would have been easier to procure the rec ommendations made necessary to the obtaining licenses by that act than those required by the existing law ; they must be of bad char acter, indeed, who could not prevail upon nine persons to recom mend them to the courts of quarter-sessions. But tbose courts will be cautious, both as to the nature and num ber of recommendations they are now authorized to make, and will - 476 The St. Clair Papers. reject improper applications. Besides, no power was given by the act to refuse licenses let the character of the applicants and the places where houses Avere proposed to be opened haA'e been ever so unfit; if the recomraendations Avere procured, the license must have been granted ; whereas, by the laAV as it now stands, the li cense raay be refused, notwithstanding the recommendation of the court of quarter-sessions. There is, indeed, a difference in the prices to be paid for licenses, according to the places Avhere the houses are to be opened, which: has the appearance of an Improveraent, but it raay Avell be doubtedj whether the effect Avould be any other than increasing the number of public-houses In places Avhere there is little or no occasion for them, and, consequently, increasing the incentives to idleness and vice. The act to create the office of county surveyor did not meet with approbation, because it did not seem to be necessary. The priinary disposal of the lands Is in the United States, and a surveyor-general has been appointed by them. Every thing relating to the survey ing them, in the first instance, must be performed by him, or by persons by him appointed. Surveys, which it raay be necessary to make in consequence of land causes pending in any of the courts, or of division lines by consent, can as Avell at least be made by sur veyors agreed upon by the parties, or, if they Avill not agree, ap pointed by the courts for the purposes before them. The recording all surveys made by the county surveyors in books to be kept by thera, seeras not to have any determinate object, for certified copies of those records are not made CA'idence in those cases where they raay be litigated, Avhereas, the surveys and petitions made by order of the courts, by Avhorasoever performed, will raake a part of their records in every cause Avhere they have been ordered; and of division lines raade by consent, the evidence Avill be found in the raeraory of the persons Avho saAV them made and upon the ground, and to those recourse must be had when disputes arise were they recorded in a thousand books. The act further conteraplated that the surveyors should hold their offices during good behavior. Had the office appeared to be necessary, it Avould have been among the last that would have been given by that tenure. The act to ascertain the number of souls in the eastern division of the Territory, was not approved, because a di\dsion of the Terri tory, which does not, nor ever did exist, has been assumed as its principle. Such a division must indeed take place at a future period ; and, when that period arrives, this legislature, that is, the legislature constituted as it is at present, can have nothing to do with it. Witb Correspondence, Addresses, Etc. 477 another title, and small alteration in the first section, Avhich is only a repetition of the title, it would have been agreed to without hesi tation. It is hoped that the object of the act will be attained by the laAV regulating elections. All the acts dividing the counties of Hara ilton and Adams, and erecting the parts separated from them into new counties, have been disajjproved for various reasons. The raeas ure appeared to be entirely preraature. There is not that inforraa tion of the number of people which would be contained in any one of them, from Avhicb to form a correct judgment of its propriety or impropriety. No provisions are made for the representation in the legislature of those counties to be erected out of Hamilton. It is not improbable that some of them would not be entitled to a representative. To the county proposed to be taken oft' of Adams a representatiA'e is giA'en, but it is doubtful whether the number of inhabitants Avithin the bounds Avould be entitled to one ; or if their numbers are sufficiently large whether Adaras Avould not be left Avithout. Representation in the legislature is one of the most essen tial rights of a county. It should be a pressing necessity, indeed, and accompanied by an express Avaiver of the right that should in duce the depriving a portion of the people, by erecting the district of the country they inhabit into a county of any right attached to that class of comraunity ; but, above all, of the right of repre sentation. I am truly sensible, gentlemen, of the inconveniences that follow from a great extension being given to counties ; they can not, hoAV- ever, be constructed while the settlements are otherAvise, and the in conveniences are not lessened, but rather increased by being made very small, AvIth respect to the number of inhabitants. The expenses which necessarily attend the establishraent of coun ties fall light Avhen divided amongst a number, but become a heavy burden when'they must be borne by a few, and the incouA'cniences iof attending the courts as jurors and Avitnesses, AvhIch are some times complained of, are increased nearly in the same ratio as the counties are multiplied AvIthin the same bounds. There is yet another reason, gentleraen, Avhy those acts were not assented to. It appears to me that the erecting neAV counties is the proper business of the Executive. It is, indeed, provided that the boundaries of counties ma.y be altered by the legislature ; but that is quite a different thing from originally establishing thera. They must exist before they can be altered, and the provision is express that the Governor shall proceed, from time to time, as it may be come necessary to lay them out. While I shall ever most studiously 478 The St. aair Papers. avoid encroaching on any of the rights of the legislature, you will naturally expect, gentlemen, that I should guard with equal care those of the Executive. Some new counties, gentlemen, are no doubt necessary, and, as it will ahvays be my most earnest desire, as it is my duty, to promote the happiness and the convenience of the people in every thing in trusted to me, should the necessary inforraation be obtained, their Avishes in respect to them may be gratified before you meet again. , The act for establishing the town of Manchester as the perraa nent seat of justice for the county of Adams Avas disapproved, because, however nuraerous the petitioners for that measure raay have been at that time, the courts Avere fixed at Washington, not only at the request of a majority of the inhabitants, but after an inspection was made at both places and the intermediate country, in order to ascertain where Avas the most proper spot in all respects. Great efforts were made immediately after Adamsville had been fixed upon (that was the place first chosen) to induce the remoA'al of the courts to Man chester, Avhich occasioned the vieAV to be taken I have spoken of; but the objections to Adamsville Avere Avell fouuded, and there were others to Manchester Avhich presented themselves to rae, and the courts were reraoved to the raouth of Brush Creek, where the tOAvn of Washington is uoav situated — a place acknowledged by such of the inhabitants of Manchester as accompanied me on the view to be unexceptionable, and AvhIch Avould haA-e given perfect satisfaction had it been fixed upon at first. Those efforts have been continued to induce a second removal, and in a Avay not to merit the counte nance of the legislature, because the public money has been laid out, and a jail is already erected, and materials (as I am inforraed) provided for a court-house at Washington and actually on the ground ; because the removal of seats of justice on lighj; suggestions tends to introduce amongst the people a spirit of discontent, love of innovation, and of cabal and intrigue, destructive of public tran quillity, and a preference of private interest to every other consider ation ; because that whatever a law raay declare Avith respect to the permanency of those seats, the removal, in one instance, opens the Avay to fresh applications of the same nature, and exposes them to frequent fluctuations from the changeable views and interests of in dividuals, and the changes that may take place in the representative body ; and because these changes can not be made without injury to individuals and the community. The act for erecting the county of Clark has not been assented to for some of the reasons above mentioned. It is known to me, gen- Correspondence, Addresses, Etc. 479 tlemen, that the present number of inhabitants can not support a county; it is CA'en probable that the names of every man, or nearly every man, living Avithin the proposed boundary was subscribed to tbe petition presented to the House ; they did not, I think, much ex ceed a bundred. It is obvious that they are far short of Avhat Avould entitle them to a representative ; at the same time, the relative situa tion of the tract they inhabit, cut off, as it is, from the settled parts of the county of which it is a part, and from the settled parts of every other county to Avhich it might be annexed till it reached maturity by a vast extent of Avilderness, renders the circumstances of the people there peculiarly unfaA'orable, and niakes thera a proper object of attention to the legislature ; and I do not doubt that, at another session, when less pressed by business of a public nature, your wisdom will discover and apply the proper remedy. The pop ulation of that part of the country, known by the narae of New Connecticut, and the relative situation of the settlements within it, are very little known ; the name e\'en of any person, one excepted, Avho resides in it, has not reached me. In such circumstances it Avould be impossible to carry the act for erecting it into a county into execution, and for that reason, and such of those above detailed as applied to it, it has been disap proved. Means will be taken before another session to procure the necessary information of its actual state. Ncav as raost of us are, gentlemen, to the business of legislation, it is not to be wondered at that some difl!erences of sentiment have appeared. It is, hoAvever, a pleasing reflection that it has been carried on with the greatest harraony, and that this first essay, which, permit me to say, Avould do no dishonor to a raore firacticed legislature, promises lasting benefits to the good people of this Ter ritory Avhom you represent. For the compliment you were pleased to make me, I return my sincere thanks, and I accept it the more readily that it comes in the delicate shape of a compensation, Avhile I consider it as an honor able mark of approbation. What I owe to the United States, to the people of the Territory and to my oavu reputation, lay me uuder obligations to a performance of the duties of my office, to which nothing can add weight ; but this instance of your attention to my comfort, can and will add a stimulus to my exertion, and it is not the less acceptable that, with all the economy I can use, the emolu ments of the office barely enable me to maintain my family, whUe it employs my whole time. In appointing a time for your next meeting, I have conformed to 480 The St. Clair Papers. your AvIshes, and you are the best judges Avhen the public business can be attended to Avith the least incouA'enience. That time, it has been signified to me, is the first Monday of November next. Wishing you, then, gentlemen, a safe and happy return to your re spective counties, this meeting of the legislature is put an end to for the present, and prorogued to the said first Monday of November, which Avill be in the year one thousand eight hundred. Governor St. Clair to James Ross. December (no date"), 1799. Dear Sir : — Our assembly, at length, is up, and the session has been a very harmonious one, notwithstanding that I was obliged to put a negative upon a good many of their acts. Their last act Avas a very handsome address to the President, frora Avhich there were only four dissentients. I haA'e inclosed a paper, which contains what I said to thera when they Avere prorogued. By the last post, I inclosed to the President a memorial of the Senate frora them to the Congress, in behalf of the persons Avho have purchased of Judge Symmes beyond the liraits of his patent. That subject would have, no doubt, come before Congress on the petition of the people them selves, but as it is most probable that Mr. Harrison Avill throAV all the cold Avater on it he can, I beg of you, if their case appears to you in the light it does to me, that of being a very hard one, that you will befriend them, and get them a reasonable time to make their payments in. Still, I am of the opinion that, Avere the pres ent manner of disposing of the lands done away entirely, and one similar to that of Pennsylvania substituted, it would be found to be the most satisfactory, as Avell as the easiest in the execution, and though so rauch raoney might not come into the treasury at once, it Avould be constantly and gradually coraing in, and as the accruing interest, Avhere the purcliase-money was not paid, would be equal to so rauch of the debt as that would have extinguished it, it is pre cisely the sarae thing as if the sales Avere for ready raoney ; and if much money Is expected to be produced Ijv the sales, I am appre- henslA'e it avIU be found to haA'e been a raistaken expectation. Will you excuse rae for troubling you a little further with our af fairs ? The subject of the toAvnship AvhIch ought to have been set apart for an academy Avas brought before the legislature, and they have entered into sorae A'ery ridiculous resolutions respecting it. The toAvnship that had ahvays been known by the narae of the College Correspondence, Addresses, Etc. 481 ToAvnship, and designated as such upon Mr. Symmes's map for sev eral years, they found had beeu sold by him, all except five sec tions, and they have instructed Mr. Harrison to endeavor to procure a laAV to be passed vesting those five sections in the legislature in trust, and giving them one and thirty sections on the Miami River, and probably out of Symmes's grant, in lieu of those which he has alienated, Avhich is, iu fact, requesting Congress, as Mr. Symmes has broken the trust imposed iu him, to make good for him that failure. If Congress Avill not do that, he is instructed to use legal means to compel the execution of the trust, or a compensation. It is UOAV impossible for Mr. Symmes to fulfill the trust ; that he has put out of his poAver ; but he may be made to pay the value, and with great reason, because he paid nothing to the United States for that land, and the expectation of such a seminary Avas, no doubt, an inducement to those Avho purchased AvIthin the bounds to pay him higher prices than they Avould otherAvise have done. Were he to pay at the rate of tAVO dollars only for them, and the money invested in six per cent, stock, or put at interest on real security, the interest of the forty thousand dollars Avould handsoraely maintain the insti tution, and the odd six thousand eighty dollars Avould complete the buildings, so that it might come into operation immediately ; and this I should think more advantageous than even the land, Avhich seems to have been intended, though it AVonld easily bring five dol lars Avere it free for sale. What legal means can be taken by Mr. Harrison I do not see, for, though the trust is to Mr. Symmes, for the use of the adventurers, within the bounds of his patent (and the people at large have nothing to do with it), yet it Avas made by the United States for the benefit of those adventures. It was, in fact, a part of the price paid for the lands, and their trustee baving failed to apply it, it appears to me that it is by them that he ought to be called to account. I have conversed Avith you on the subject of dividing this Terri tory into districts and erecting two governments in it. You seemed to think it would be a proj^er measure, and that nothing made against it but the additional expense it would occasion. To me that has always appeared a small consideration, when compared with the inconveniences that Avould probably foUoAv from its soon becoming a State ; and, if it is not divided, it must become a State very soon. It is even thought by some that the requisite number of inhabitants are now Avithin it, and measures have beeu taken by the legislature to ascertain It. But no time shall be lost, when it does come about, by directing an annual enumeration. Vol. 11—31. 482 The St. aair Papers. A multitude of indigent and ignorant people are but ill qualified to form a constitution and government for theraselves ; but that is not the greatest evil to be feared from it. They are too far removed from the seat of government to be much impressed with the power of the United States. Their connection with any of them is very slender — many of them having left nothing but creditors behind them, Avhora they would very Avillingly forget entirely. Fixed po litical principles they have none, and though at present they seera attached to the General Government, it is in fact but a passing sen timent, easily changed or even removed, and certainly not strong enough to be counted upon as a principle of action ; and there arc; a good many Avho hold sentiments in direct opposition to its princi ples, and who, though quiet at present, would then take the lead. Their government Avould most probably be democratic in its form and oligarchic in its execution, and more troublesome and more op posed to the measures of the United States than even Kentucky. All this, I think, raay be prevented Ijy the division of the Territory. Tirae would be afforded for the cultivation of a disposition favorable to the General Government, as the inhabitants would meet with nothing but frlendshqi and protection frora the United States, and the influence of the fcAV Avealthy would cease entirely, or scarce be felt, and gratitude and attachraent Avould becorae fixed habits of the raind. But it is not every division that Avould answer those pur poses, but such a one as Avould probably keep them in the colonial state for a good raany years to corae. In a letter, Avhich I Avrote to the Secretary of State by the last post, on this subject, I raentioned the proper boundaries to them, but, on further reflection, I think it would not answer ; that it would divide the present inhabitants in such a raanner as to raake the upper or eastern division surely Fed eral, and form a counterpoise from opposing local interests in the western division to those who are unfriendly to the General Govern ment, I think is certain ; but the eastern division is too thinly in habited, and the design would be too evident. A line draAvn due north from the mouth of Eagle Creek, where it empties itself into the Ohio, would ansAver better. There would then be the counties of Adams, of Ross, of Washington, of Jefferson and TrurabuU in the eastern division, and all of them must hereafter be subdivided, and other counties made out of thera ; and the western division would contain the counties of Hamilton, Wayne, Knox, St. Clair, and Randolph, and each of them would have a sufficient nuraber of inhabitants to continue in the present stage of governraent — that is, to raake laAVs for themselves by their representatives ; whereas, were Correspondence, Addresses, Etc. 483 the Territory divided by the great Miami, the western division must I'eturn to the first stage. The expense, whicb you seemed to think -would be the principal obstruction, would be but trifling, for, un doubtedly, an increase of judges there must be, if any regard is had to the people. It is utterly impossible that three judges can do the business, but were they sufficiently numerous for the country as it UOAV is, they might serve for the whole of it Avhen divided into tAvo districts. The Avhole additional expense, then, that the division would occasion would be the salary of one Governor. The division of the Territory, I am persuaded, Avill be pressed, and I believe it to be a part of Colonel Worthington's business in Philadelphia ; and the great Miami, or a line draAvn from the mouth of it, will be set forth in the strongest raanner as the proper line. The people of Ross are very desirous it shotild take place. Their vicAvs are natural and innocent enough. They look no further than giving consequence to Chillicothe. But I am very much mistaken if their leaders have not other and more extensive views. They think the division in that Avay would but little retard their becoraing a State, and as almost all of them are democrats, Avhatever they pretend to the contrary, they expect, that both the power and the influence Avould come into their hands, and that they Avould be able to model it as they please ; aud it is my fixed belief it would be ia a manner as unfriendly to the United States as possible. This, boAvever, is in confidence, and I particularly request that my senti ments may not be confided to Mr. Worthington, Avho, I have dis covered, not to be entirely that candid man I once represented him to you, and Avho I now think a A'ery designing one. On the subject of the judges, I Avill take the liberty to bring to your mind what you mentioned to me about Mr. Kittera. Ho Avould, in my opinion, be a great acquisition, and I beg of you to use your influence in his favor. There should be one laAvyer on the bench where their decisions are final. If an additional number is appointed, it would be a grateful thing. That somo of the gentlemen of the law, who here are resi dents, should be thought of, is to be expected ; and there is a gen tleman of the name of McMillan, a counselor, spoken of to me in strong terms by the rest of the bar, and I believe they Avill recom mend bim to tbe President. I am personally acquainted with him. He is a man of much application, with a strong and not unculti vated mind, an awkward appearance and address, and is an indif- 484 The St. Clair Papers. ferent speaker, but has fair reputation, and is in great esteem with the people. I have Avritten you a letter of a most unmerciful length, but you must blame yourself for having encouraged this correspondence ; and, to tell you the truth, you are now the only person with Avhom I do correspond on subjects of this nature.' Accept the corapliments of the season, and my sincere wishes that you may see it often hap pily return. Go-VERNOR St. Clair to the President. Cincinnati, December 2Sd, 1799. Sir: — The inclosed address from the General Assembly of the Territory, Avas put into my hands on the 19th instant, the day on Avhich it was prorogued, by a comraittee of both houses, with a request that I Avould transmit it to you. In that, sir, they imposed a very agreeable duty upon me ; for the sentiments appeared to be such as Avere proper for them to express, and, having publicly ex pressed them, the individuals Avill find theraselves prompted (had they no better motives, and I hope and believe they have many better) by the desire so natural to raen, of leading others to think as they do, to propagate thera araong their constituents ; and noth ing can be raore agreeable to rae than being raade the channel through which the testimonies of confidence and respect and of attachment towards you are couA'eyed. I trust a short time only will elapse before they are comraon to the whole Araerican people. A laAV, sir, has been passed, during the session of the legislature, for regulating the railitia, Avhich requires a nuraber of general officers to carry it into effect. So soon as I cau get a copy, it shall be sent to the Secretary of State to be laid before you, and, Avith your permission, I will name to you such persons in the different counties as appear to me, in all respects, the fittest to fill those offices. To John Adams, Peesident of TtuD United States. Sir : — The General Assembly of the Territory north-Avest of the River Ohio,^ believing that the highest rcAvard which a virtuous ^Resolved, unanimously, by the Legislative Council and House of Representa tives, etc., That the Governor of the said Territory be requested to transmit Correspondence, Addresses, Etc. 485 public officer can receive is the applause of his fellow-citizens, are anxious to embrace the earliest opportunity of declaring their con fidence in your virtue and talents, and their approbation of your official conduct. With a degree of pleasure and exultation more easily felt than expressed, we review the history of your important life, replete with proofs of patriotic virtue. At a period Avhich de manded more than ordinary firmness, Ave saAv you step forAvard, the resolute supporter of your country's rights. We witnessed your perseverance through the Revolutionary War, and to your firmness we attribute the enjoyment of the rich country we now inhabit. Having acted so conspicuous a part in the establishment of American independence, at the close of the arduous contest, which enrolled the United States on the record of nations, you might have retired to the shade of private life, and securely en joyed the approbation of an upright mind and the applause of a grateful country, but, happily for America, you chose to continue in public life till the confidence of your felloAV-citizens, at a critical moment, placed you at the helm of state ; and permit us, sir, to assure you, that we are duly impressed Avith a sense of the wisdom, justice, and firmness Avith Avhich you have discharged tbis important trust ; and we take this early opportunity of assuring you, sir, of our sincere attachment to the Araerican Constitution .and Government, and of our determination to afford every possible. support to both. We believe that, regardless of the voice of party spirit which has striven to distract our national councils, you haA'e kept the honor and happiness of the nation constantly in view ; and avc ardently pray that the Wise Ruler of nations may preserve your health and life. Edwaed Tiffin, Speaker of tlie House of Representatives. H. Vanderburgh, President of the Council. -to the President of the ITnited States the following address (signed by the President of the Council, and the Speaker of the House of Eepresentatives, in behalf of both houses), together with this resolution.^ (1) The address was adopted by a unanimous vote of the council, but there were .five negative votes in the house.— See Vol. I., p. 213. 486 The St. aair Papers. Ansaver op the President of the United States to Address from Legislature of the Territory. Philadelphia, January 18, 1800. Gentlemen : — A kind address has been transmitted to me, at your request, by Governor St. Clalr, and subscribed by Edward Tiffin, Speaker of the House of Representatives, and H. Vanderburgh, the President of the Council ; the more agreeable t'o rae as it appears to have been unanimous. I pray you to accept of my sincere thauks for this pledge of your affection and respect. The con fidence and approbation of so remote a portion of the nation, as it may be supposed to be impartial, is very precious to me. What ever may have been ray prospects in private life ; whatever delight I have taken in its pursuits, and Avhatever inclination I may have always had for its tranquillity, I have not declined the invitations of the public to assist in their councils. If any efforts of mine, in concert with others of brighter talents and fairer fame, have con tributed, in any degree, to the enjoyraent of the rich country you now inhabit, this consideration alone ought to be esteeraed by rae as a sufficient reward for the services of a whole life. Your sincere attachraent to the Constitution and Government, and your deterraination to afford every possible support to both, do J'OU honor, while your prayers for my life and health deserve my best thanks and sincere benedictions to yourself and your posterity. John Adams. Address of Governor St. Clair on the Death of General Washington.' I thank you, gentlemen — my felloAV-citizens, I thank you all for this mark of respect Avhich you have just paid to the meraory of our 1 "And soleran moved along the cavalcade." Saturday last exhibited to this town a scene of mourning, whioh it had never before witnessed. That day had been previously set apart for the purpose of paying the most solemn funeral honors to the memory of the man " first in war, flrst in peace, flrst in the hearts of his countrymen," Gen eral George Washington. In obedience to the orders of Major-General Hamilton, Captain Miller, the comraanding oflicer at Fort 'Washington, had made arrangements for that purpose. The morning of the solemn day was announced by sixteen discharges of cannon, in quick succession. At 12 oclock the troops formed on the flat in front of the garrison, where they were joined by Oaptain Find- Correspondence, Addresses, Etc. 487 friend, General Washington, that good and great man, who was not only the father of his country, but the friend and benefactor of mankind, for his life was a lesson, and it will be a lasting one to all who aim at being truly great or truly useful. Could virtue, my friends, have rescued frora the grave, Ave should not now have had to perform this raournful cereraony, nor to laraent the loss we have sustained. A heavy loss it is, and for which our grief is botb decent and proper. But let us not sorrow as those Avho have no hope. He is gone to those mansions of bliss, where the spirits of just men are made perfect, to receive his glorious rcAvard, and Avhere nothing be did or suffered for his country Avill be forgotten ! For ourselves, indeed, we have much sorroAV ; for he Avas reraoved from us at a most critical time, Avhen our country is threatened from abroad and distracted by divisions at home. But if Ave, ray friends, lay's troop of horse, the Masonic brethren, and a large concourse of citizens, all eager to testify their high veneration for the character of the illustrious deceased, and the deep sense which they entertained of his loss, by paying this mournful tribute of respect to his memory. The bier was received by the troops, formed in lines, Avith presented arras, oificers, drums, and colors saluting The procession then moved on in the following order, minute guns firing from the garrison, and the music performing a solemn dirge; Cavalry. Kegular troops. Horse representing that of the General, with saddle, holsters, and pistols, and boots reversed. Kev. Mr. Wallace. Dr. Sellman, . Dr. Elliott, Captain Prince, " Major Zeigler, , Captain Spencer, o Major Goforth, Pall-bearers. Pall-bearers. His Excellency, the Governor, and the Attorney-General, as mourners. Masonic brethren. Militia olflcers in uniform. Citizens. Having proceeded through different streets, and arrived at the place rep resenting that of interment, the military halted, and, opening their lines, formed an avenue for the bier, and those immediately attendant on it, to pass through, the troops leaning on reversed arms. The coffin having been deposited in the grave, a prayer suitable for the occasion was delivered by the Kev. Mr. Wallace, after which the Masonic brethren perforraed their ceremony. Three discharges of musketry over the grave concluded the military ceremonies. His Excellency the Governor then delivered the following address. — From the Western Spy, February 5, 1800. 488 The St. Clair Papers. with hurable confidence, islace our reliance upon Almighty God, who raised him up and endoAved him with all the talents that Avere necessary for all the great and important stations he Avas called to in the course of His providence, and under Avliose guidance we Avere led to independence and attained our liberty, regulated and guided by the best and wisest proA'isions, and Ave are true to virtue and our selves, we need not fear that should troubles encompass us. He will not again raise up for us fit instruments to lead us through them, and to accomplish all His gracious purposes tOAvards us ; and the raany visible instances of His interposition in our faA'or, heretofore, wheu every probability Avas against us, and hope itself alraost ex tinguished, while the recollection of it ought to excite in us the most lively gratitude, affords us good ground to believe that great things are intended for us as a nation, if we do not disappoint them ourselves, and, by our vices, call doAvn the divine displeasure. Of this, my friends, be assured : if Ave do not forsake Gou, He will not forsake us, and of this our deceased friend has left us both the ex ample and the proof. He trusted in God, and He delivered him from all his enemies. His life Avas a life of virtue, and his latter end was peace. Governor St. Claie to John Adams. Cincinnati, January 27, 1800. Sir : — I have taken the liberty to inclose to you the written re quest of the gentlemen of the bar of Hamilton county for the ap pointment of Mr. McMillan.' The object of it I knoAv to be a man of integrity ; much esteemed, and of considerable influence. Ofhls political principles, I have learned that some doubt has been made in Philadelphia, and that the representative has mentioned to some persons here that au explicit declaration that he would support the adrainistration, to be raade by him or some person in his behalf that could be depended upon, would be required in order to his be ing nominated. Although I have ever thought it wrong that offices should be trusted to enemies of the Governraent, I doubted of Mr. Harrison's authority to say that an express declaration that he would support the administration would be required of any person, and it has not even been hinted to Mr. McMillan. Though he has rather leaned toAvard democracy, I can say with truth that he has 1 See St. Clair's letter to Senator Ross, December, 1799. Mr. McMillan was mentioned in connection with a position on the bench. Correspondence, Addresses, Etc. 483 always been moderate, and a single session in the assembly has en tirely removed tbe prejudice he had in favor of a single branch of legislation, which be openly and candidly acknowledges. Go-vEENOR St. Clair to William Henry Harrison. Cincinnati, February 17, 1800. Sir : — The inclosed petition from the people of St. Vincennes Avas received by express a fcAV days ago, and Avas accompanied with a re quest that I Avould forAvard it to Congress. I must beg you to have the goodness to present it. The object of the petition is that such a division of the Territory may take' place as would throAv them and the people of the Illinois country back into that kind of government -from Avhich the Territory at large has just emerged, Avhlch is more fully explained to me in the letter accompanying the petition thau in the petition itself. It may seem to Congress a strange request, ¦but if their local situation is considered, their great distance, and the little connection or even intercourse, and the difficulty of that intercourse, it will not appear to be an unreasonable one, especially if this circumstance, detailed in my letters, is Avell founded : " It is found, upon an accurate estimate, that the Territorial tax which falls upon this county, under the present revenue laAvs, AviU exceed the amount of the specie circulating in it, and as they are fully persuaded that, in the course of a year or two, they Avill fall back to the situation from Avhich they haA'e just emerged, they cou- ceive it Avould be an intolerable grievance to have their lands sold for the support of a government from which they expect to receive Jittle or no advantage." A division of the Territory is a subject on Avhich I have thought a great deal, and have fervently wished, and you well knoAV that, from the enormous extent of it at present, it is almost impossible to keep even the executive part of the go\'ernment in order. The great and growing importance of this country seems never to haA'e !been attended to ; in truth, there Avere few persons in Congress who 'knew much about it, and the concerns of the States they repre sented, together with the great interests of the Union, kept it, in a great measure, out of sight. We raay uoav hope that some attention Avill be paid to it, and it is with pleasure that I have seen that you have beeu appointed chairman of the committee for taking its con cerns into consideration. How much soever a division is to be wished, there are difficulties in the Avay. The increase of expense 490 The St. Clair Papers. Avould form one ; but it is an ill-calculation to put a little money in the scale against the welfare and happiness of a multitude of peo ple. To render the Territory manageable, it would require to be divided into three districts ; and then it may be thought that the Ordinance stands in the Avay, that haA'ing 23rovided for a division into two only, and it is generally supposed that the Ordinance can not be altered but by common consent. This, I think, a mistake. There is, indeed, a part of it Avhere the fundamental principles of the States which raay hereafter be erected are laid, that is declared to be a corapact not to be changed but by common consent ; but CA'ery other part of it Is as much in the poAver of Congress to alter or repeal as a laAV AvhIch raay have passed yesterday. Suppose these difficulties got over, hoAV are the districts to be bounded ? The object of some is that the eastern district should extend from the line of Pennsylvania to the Great Miami ; the middle district to comprehend the country betAveen the Great Miami and the Wabash, and the Avestern district the country between that aud the Mississippi. On that proposition, I Avould observe that the eastern division would be still too large, and in the middle one there would be very few people, and the Indian title to a great part of it is not extinguished. The manner that strikes rae as raost eligible is that the Scioto, and a line draAvn north frora the forks of it, should forra the western boundary of the eastern district : a line draAvn north frora that part of the Indian boundary line opposite to the raouth of the Kentucky, the AVestern boundary of the middle division ; and the Avestern division to comprehend all the country betAveen that and the Mis sissippi. The natural advantages Avould, in this manner, reraain to every part. Marietta would most probably be the seat of the gov ernraent for this district, and sufficiently convenient to every part of it ; Cincinnati Avould continue to be, with equal convenience, the seat of the raiddle district, and St. Vincennes for the Avestern ; not, indeed, equaUy convenient, but raore so than any other place that could be chosen. There are raany other advantages Avhich would floAV from this measure which I avIU not trouble you Avith. I Avill only observe that almost any division into two parts Avhich could be made would ruin Cincinnati. I beg leave to put you in mind of the donations to the heads of farailies in the Illinois country. Their petitions on the subject are no doubt ou the files, for they have beeu often raade. The situa tion of thera is this: Certain spaces near to the villages Avere to be laid out in squares or parallelograms, sufficiently large for the Avhole cf the donations, and within them they Avere to be laid and dis- Correspondence, Addresses, Etc. 491 tributed by lot. It was found that the whole of those spaces, sup posed by Congress to be vacant, Avere covered either by old French and English grants, or by grants from the command of officers of Virginia and the courts of the country, to Avhich the act of the 3d of March, 1791, gave validity. They pray that they raay be laid off for them on the Kaskaskia River, and in the neighborhood of Cahokia, and they may be laid there without injury ; but that they have not hitherto been laid, has been an irreparable injury to many and to the country. I have troubled you with a letter of enormous length, and will only add to it my best respects to Mrs. Harrison, whicb I beg you to present. Goveenoe St. Claie to M. de Luzieee.^ Cincinnati, le 4ieme Mars, 1800. Monsieur : — La lettre que vous m'avez fait I'honneur d'ecrire le 28 May dernier ; je n'ai re§u que depuis deux mois et je n'ai 1 A victim of the Scioto Company. The letter to which St. Clair's is a re ply was as follows : A Mk. Le General Ste. Claik, Gouveknklk qbnisral du pats de l'ouest des Etats-Ukis. De la kouvelle Boukbon des Illinois, le 28 May, 1799. Mon Qeneral: — Perraettez-moi de me r'appeler a votre souvenir et de re- clamer vos Bontes et 'Votre appui en faveur d'une petition que son Excel lence Le Chevalier De Yrujo ministre de sa Majeste Catholique pres des Etats-Unis s'est charge de reraettre, pour moy au Congres, a Teffet d'obtenir de sa justice et de sa Bienfaisance, quatre mille acres de terres entre la Riviere des Illinois et le Vilage de Cahokia en indemnite de Celles que la Compagnie du Scioto m'a. vendues en 1790. et jamais livr^es, etdesdepenses excessivesque I'infixeoution de cette acquisition m'anecesssairementoccasionnees; Ayant ete temoin vous merae, raon general lors de mon arrivfie sur I'Ohio, des cruels embarras, genes, pertes, et peines que j'ay eprouves en cette occasion avec ma nombreuse famille, et quelques compatriotes de mes amis se'duits et trompfo comme moi par les fausses promesses et assurances des agents de la- dite Compagnie, j'ose me flatter que bien loin d'etre contraire et de vous opposer au succes de ma demande, vous daignerez la proteger. — quoi qu' actuelleraent fixe sur la partie d'E.spagne, non seulement je serai a portee de faire valoir les dites terres dans I'endroit ou je les demande et sollicite, a cause de leur proximite de chez moi, mais en outre, mon fils ain^ qui etait Emigre en Ailemagne venant de me rejoindre se. propose de s'y etablir et de s'y fixer avec sa famille si je les obtiens. Nous perdons M. Zenon Trudeau, Lieutenant Gouvemeur de la Louisiana Superieure et Commandant a St. Louis que vous connoissez, il est rappele a son Regiment; il est remplace par mon fils Delasurr, Lieutenant-colonel ag- grege dudit Kegiment qui commandaitle poste de la Nouvelle Madrid, et qui a. 492 The St. Clair Papers. pas trouvfe une occasion favorable de vous repondre jusqu' a present. Vous n'avez pas vous trompe. Monsieur, en croyant que je suis interesse en tout ce qui peut contrlbuer a votre felicite, et I'appointe- ment de M. Delassur, votre fils, est un evfenement de cette esp6ce, et nous en avons ici re^u les nouvelles avec beaucoup de plaisir. Pour ce qui a rapport a votre Petition que son Excellence le ministre de sa Majeste Catholique s'est charge de presenter au Congres, cer tainement c'est en bonnes mains mais, permettez moi, Monsieur, de vous dire franchement, que je crains pour le succes et je'ne voudrois pas faire croitre des esperances qui ne promettent de s'accomplir heu reusement. Loin d'etre oppose a vos A'ues, je voudrois bien les seconder a\'ec tout mon pouvoir, parceque, justice et generosite a part, les fetats-unis A'oudroient etre tres araplement compeuses jDour quel ques pertes de terre par I'acquisition d'un citoyen tel que Monsieur votre fils, et je suis indigne des troraperies dont vous, Mon sieur, i3articuliurement et tant d' autres ont 6te les victimes, mais le Congres, Monsieur, ne se m^e pas dans les contrats des in- dividus, et lalsse les trorapeurs aux Lois — En croyant, qu' a donner compensation en un cas est jeter un fondement et meme un droit pour les demandes des autres, c'est un pas qu'ils prendront avec beaucoup de precaution. Outre cela, la terre raeme n'est pas absoluraent a leur disposition — elle est affectfee pour la decharge des dettes publiques et doit etre vendue — avec tout cela, je ne refuse pas ma foible aide, et j'ai ecrit a quelques uns de mes amis pour les avertir, des peines et des pertes que vous avez souffert et de prier leur bont6 en votre faveur, en merae teras, Monsieur, il faut que je vous avertisse, avec la merae franchise, que mon influence est absolu raent an6antie. Elpigne, ignore, oublife ti I'exception d'un ou deux Messieurs, avec lesquels j'ai ete long teras 116 par une amitie etroite, je ne connois pas un seul membre du Congr6s, et souffrant une espfece de relegation, apr6s le sacrifice de mes meilleurs jours, et la dissipation de ma fortune dans le service public, honorable pourtant, mais sans consequence, vous verrez bien, Monsieur, que le bon vouloir est tout ce qui rae reste. Ce tableau, en v6rite, n'est pas bien rejouissant, raals il n'est pas tout a fait sombre, et pour obtenu, de plus, le titre de Commandant general depuis le haut du Missis sippi jusqu' au fort de I'esperance-place vis-a-vis Celui des ecors sur le dit fleuve. La part que vous m'avez temoigng prendre a ce qui m'interessait me persuade que vous apprendrez cet Svenement avec plaisir. J'ai I'honneur d'etre avec un sincere et respectueux attachement, mon January iO.] 17. Providing for the acknowledgment and recording of deeds in certain cases.. [Ap. January SO.] 18. Providing for the encouragement of the breed of horses. [Ap. January SO.-I 19. Providing for the recovery of money secured by mortgage. [Ap. January SO.] 20. To repeal iu part the act entitled, " An act to ascertain and defray the traveling expenses of the judges of the general court, and for disposing ot the fees herein before allowed them by law." [.ip. January SO.] 21. Supplementary to the act entitled, " An act to amend the act entitled ' An act for allowing compensation to the Attorney-General of the Territory and to the persons prosecuting the pleas in behalf of the Territory in the several counties.' " [Ap. January SO.] 22. For the assignment of bail bonds. [Ap. January S2.] 23. To amend the militia law. [Ap. January S3.] 21. Regulating the fees of civil officers and for other purposes. [Ap. January 2,3.] 2.5. Levying a tax on land forthe year 1802 and for other purposes. [Ap. January SS.] 26. Appropriating moneys for the payment of the debts due [from this Territory,. and making appropriations for 1802. [Approved January S3.] Correspondence, Addresses, Etc. 545 pie bere ; and a petition to Congress against the measure has been Dougall, Miller, Paine, Putnam, Reeder, Schieffelin, Smith, and White. Nays — Darlington, Dunlavy, Langham, McCune, Massie, Milligan, Morrow, and Worthington. Subsequently Messrs. Tiffin, Worthington, and Langham, of Ross county, Darlington and Massie, of Adams county, and Dunlavy and Morrow; of Hamilton county, united in a protest against the act for dividing the Terri tory. [Eor an account of this contest, see Vol. I., p. 224.] Instructions to Paul Ebarinq. Whereas, the President of the United States, by letters patent, hearing date the SOth day of October, one thousand seven hundred and ninety-four, in pursuance of an act of Congress, passed the 5th day of May, one thousand seven hundred and ninety-two, made conformable to an Ordinance ofthe 2d of October, one thousand seven hundred and eighty-seven, granted to John Cleves Symmes and his associates, their heirs and assigns, in trust, one com plete township of six miles square of land, to be holden hy the said John Cleves Symmes and his associates, in'trust to and for the sole and exclusive intent and purpose of erecting and establishing therein an academy and other public schools and seminaries of learning, and for endowing ahd supporting the same, to be located with the approbation of the Governor of the Territory, as near to the center of a tract of land in the letters patent described as might be. Yet, by reason of the said John C. Symmes having alienated thirty-one sections of the aforesaid township, most and perhaps the whole of the sales whereof took place before he received his patent, and there now remains of the same township only the three sections following, viz.: numbers eight, eleven, and twenty-six, the benefits contemplated lo re sult from the aforesaid trust must inevitably be lost unless prompt measures be taken for securing the same ; therefore — ¦ Resolved, by the Legislative Council and House of Representatives, in Geueral Assembly, that Paul Pearing, Esq., delegated to represent this Ter ritory in the Congress of the United States, be instructed to use his endeav ors to procure an act of Congress, to be passed at the present session, vest ing in certain trustees and their successors, resident within the grant of land made to John Cleves Symmes, and described in the letters patent aforesaid, lots, to wit, numbers eight, eleven, and twenty-six, in the third township, east of the Great Miami River, and first entire range of the grant aforesaid, to be holden by the said trustees and their successors in trust to and for the sole use, intent, and purpose of establishing an academy and endowing and supporting the same, whose conduct and mode of succession shall be subject to the control and direction of the legislature of the Territor}^ and of the State in whioh the same tract of country may be hereafter included; and, that the said Paul Fearing be also instructed, if practicable, to obtain a grant of thirty-three sections of land lying on the west side of the Great Miami River of the Ohio, and east of a line drawn due north from the mouth of the aforesaid Miami Eiver, or thirty-three sections of the land re- VOL. II — 35 546 The St. Clair Papers. formed by a committee of this town, praying that Congress may not served for the future disposition of Congress, in the grant of land patented to John C. Symmes, or any other thirty-three sections of the property ofthe United States, north of the tract of land patented as aforesaid, and east of the Great Miami River, as contiguous to each other as may be, to and for the uses, intents, and purposes aforesaid, and in lieu of those alienated by the said John Cleves Symmes. And, further, if the said Paul Fearing can not effect the purpose aforesaid, that he use all legal means in his power to have such measures taken as will compel the said John Cleves Symmes to make good the trust aforesaid, or render an equivalent for the same, to be appropriated agreeably to the same use and intent of the original donation. And, whereas, hy certain laws and ordinances of the Congress of tho United States, the several lots, number sixteen, in each township, contained in a tract of land granted by the Congress of the United States to John Cleves Symmes and his associates within this Territory, have been appro priated to the support and maintenance of public schools and seminaries of learning within the said townships, and lots number twenty-nine in each township Avithin the tract aforesaid, have been appropriated for the pur poses of religion, and have been specially reserved to the United States for the several and respective purposes aforesaid, and from the advanced stage of population within the grant aforesaid, it is highly interesting to the com munity that the aforesaid lots be put into improvement; therefore — Resolved, That the said Paul Eearing, Esq., be instructed to use his en deavors to procure an act of Congress to be passed, authorizing the President of the United States, by letters patent, to grant and convey unto the legis lature of this Territory the aforesaid several lots Avithin the grant aforesaid, in trust, to and for no other uses, intents, and p'urposes, than those for which the said lots have been respectively appropriated. And whereas, the Congress of the United States have promised that the section number sixteen iu each township throughout the Territory should be granted for the support of schools, and number twenty-nine for the pur pose of religion — Resolved, Therefore, that the said Paul Eearing, Esq., be instructed to use his endeavors in procuring a law to be passed, vesting in the legislature of the Territory the lots numbers sixteen and twenty-nine of every township which has been and also in those which may be sold to individuals, or in case the lots aforesaid, or either of them, be already sold by the United States, that others may be granted in their stead, to and for the uses and purposes for Avhich those lots were originally promised. And whereas, doubts have arisen, since the division of the North-western Territory, whether the island of Michilimackinac, and the settlements ad jacent thereto, fall into the North-western or Indian Territory, to prevent any dispute Avhich may arise on the subject — Resolved, That Paul Eearing, Esq., be instructed to use his endeavors to have a law passed, during the present session of Congress, supplemental fo the act dividing the North-western Territory into two separate governments, declaring the said island and its adjacent settlements to be in and under the jurisdiction of the North-western Territory; to use his endeavors to have iw Correspondence, Addresses, Etc. 547 consent to it, is in circulation for subscriptions, and agents bave been sent into every part to give assistance ; and, I doubt not, they are, or will be, in your county also. Mr. Worthington and Mr. Baldwin are appointed to go to "Washington to advocate the petition in person. In the petition, the measure, is modestly styled, "A corv- spiraey of the representatives of tlie upper and lower jMrts of the Territory to ruin the middle part." While the bill was pending in the House of Eepresentatives, and it was discovered that much Avould depend upon the vote of Trum bull county, I took occasion to converse Avith Mr. Tod, Avho is here, upon the subject, and represented it at first as it really is, as nothing more than a declaration tbat should Congress think fit to change the boundaries the Territory consents to it, and finding that he did not think it an iraproper measure, but rather seemed to strike him law passed authorizing the appointment of commissioners, with power to adjust and settle the claims to lands laying in the county of Wayne, and also, if possible, to procure a donation of one or more townships of land in the neighborhood of Detroit, for the encouragement of education and sup port of religion in that part of the Territory bordering on the lakes, and . also a further extinguishment of the Indian titles to lands lying within and .bordering on the said county. And whereas, the inhabitants of Wayne county living in the town of De troit have, tirae out of mind, enjoyed a small piece of land adjacent to this town as a public coraraon for the use of the inhabitants, until partially dis possessed by military authority ; therefore — Resolved, That Paul Eearing, Esq., be further instructed to use his en deavors to have the fee of the said common confirraed by the United States to the inhabitants aforesaid; and that the said Paul Eearing be further in structed to use his endeavors to have that part of the Ordinance for the governinent of this Territory which gives the Governor a positive negative on all laws passed by the Legislative Council and House of Representatives, to be so altered that the same mode may be prescribed by the legislature of this Territory on the passage of laws as is prescribed in the Constitution of the United States. And whereas, there is a difference of opinion what construction ought to be put upon that part of the Ordinance for the government of the North western Territory which relates to the dividing of counties, and fixing the seats of justice within the same — Resolved, That Paul Pearing, Esq., be instructed to use his endeavors to have that part of the Ordinance so explained, by a declaratory act of Con gress, that no doubt shall remain. And also, that the said Paul Fearing, Esq., be further instructed to use his endeavors to get the said Ordinance so altered as to allow the right of vot ing for representatives to th'e legeslature of this Territory to all free male citizens of the age of twenty-one years and upward, who have resided one year in the Territory, and have paid a territorial or county tax. 548 The St. Clair Papers. favorably, I ventured to open to him my opinion that, should Con gress come into it, raany advantages would flow to the upper eastern division from an immediate formation of two temporary govern ments by proposed lines. One of those advantages Avas obvious. The counties of Washington and Trumbull, being settled entirely by the people frora the eastward, who had been accustomed to live under laws nearly similar, and whose manners and habits were the same, as they Avould forever have the preponderancy over the other parts of that district, it Avould be in their power to introduce those laAvs and custoras, and fix them so as they could never be over thrown, and, of course, to hasten the population of those two coun ties particularly. I could easily see that it made a sensible impres sion upon him, and, therefore, dropped the subject, and left the hint I had given to Avork for itself in his mind. Since the appointment of the agents before-mentioned, sorae of the raerabers who Avere friendly to the raeasure, had a con sultation on the raeans proper to counteract thera, the result of which was that other agents should be appointed, and a counter petition was talked of, but nothing was definite on that subject, as doubts were entertained that it might not be attended Avith success, and if so, it would operate unfavorably: but, as Mr. Burnet, was going to Cincinnati, and Mr. Sraith, a leading member, in company with hira, it was left to hira to act according to circurastances. If Mr. Sraith enters into it, it Avill go doAvn alraost universally iu Hara ilton county. But it Avas agreed that Mr. McMillan should, if he could be prevailed uj^on, be sent from that part of the country. Since the bill has passed, ruminating upon tbe subject, it appeared to rae that it Avould be very useful that another gentleraan should be sent from the upjjer part of the country, and I thought that Mr. Tod would be pleased with it, and, in a conversation I had with him this raorning, I proposed it to him. Though it would be incon venient to hira, he did not know that he could spare the tirae, but he supposed sorae gentleman from Marietta would be thought of. The result of this conversation I communicated to your delegates, and it seemed to be their opinion that, as Mr. Fearing Avas already at Washington, it Avould be ra9re propor that another should go from TrurabuU other than that place, and that Mr. Tod would, perhaps, ansAver as Avell as any that would be thought of. Their opinion coincided perfectly Avith mine, and I farther observed to thera that his political principles would, in the present case, render hira more useful than some others, or than he otherAvise could be. There Avas one difficulty in the way, which I observed to Mr. Tod — the uncer- Correspondence, Addresses, Etc. 549 tainty ot being able to raise a sum of money sufficient to indemnify any gentleman tbat might be sent. He thought there would be no difficulty in that ; he did not suppose that it would require more than three hundred dollars, and if one hundred and fifty could be made up in Washington, he was sure the like sum could easily be raised in TrumbuU, and it is the opinion of Mr. Putnam and Mr. Cutler that there will be no difficulty in it. But I suppose they both write by this mail. After Mr. Burnet had left us, and, casting the subject of a peti tion in my mind, it ajipeared to me that one might be framed which, if signed by the princijial people in the upper and loAver part of tbe country — ^by people Avho are somcAvhat known abroad — it migbt ansAver all the purpose of sending round the country for subscrip tions, and I inclose you the sketch of one, which I haA'e also com municated to your representatives. It met their approbation, and I believe they have sent some copies to tAvo or three places in your county. It is a sketch only, and should the matter of it be ap proved, it may be modified in any manner that shall be thought most conducive to the end proposed. But I must again take the liberty to mention that all this is in confidence, though I am certain it is an unnecessary caution. At any rate, the petition must not appear in my handwriting. Governor St. Clair to Paul Fearing. Chillicothe, December 25, 1801. Sir : — I Avrote to you tAVo or three posts ago, that a bill would pass the legislature, declaring the assent of the Territory to a change in the Ordinance for the government of it, so far as respects the boundaries of the States to be erected therein at a future day. That bill has been enacted into a law, and a copy of it, together with a resolution of both Houses relative thereto, are inclosed in my public letter of this day. This measure has produced considerable agitation in this place. A committee was imraediately appointed, a petition framed, and agents sent with it into every part of the counties of Ross and Adams, and, I believe, into most parts of the Territory, to procure subscriptions. The petition inveighs bitterly against the law, and goes so far as to call it a conspiracy of the representatives of the upper and lower parts of the Territory to ruin the midd part. You know very well bow easy it is amongst such an uninformed multitude as is the bulk of our people to obtain subscriptions to any thing that appears in the 550 The St. Clair Papers. shape of a petition ; but means will be laid hold of on this occasion tO' engage them on its side. It has been represented as the effects of a conspiracy, as I have mentioned, and as a scheme of the Governor to retard the entering into a State government, and to that end, to- bring about a division of the country into two temporary govern ments. Though I never saw the bill till it came to me from the- legislature, I had heard of it and heartily approved it, and, should it be the raeans of bringing about such a division, I should consider it as the raost fortunate thing that could have happened for this country. The taking upon ourselves, at this early period, an inde pendent governraent, can produce nothing but raisfortune. Where is the inforraation necessary for the formation of a consti tution for so extended a country, inhabited by people whose man ors and habits are so different ? and where are the means to support it ? Our people are all so poor (a few excepted about this place, who have suddenly raised fortunes by speculations in lands, and many of those not the raost honorably, that they can barely live in a very wretched raanner ; but, of the few towns, there is scarce a habita tion to be seen better than Indian wigwams. The greatest part of the people are ucav comers, and you well know that it requires a long tirae to subdue a country all in forests, and much labor and ex pense, so that had Ave even raany men of talents and information,. . as we certainly have some, they haA'e no leisure frora the calls to provide for their future welfare, to employ their thoughts on ab struse questions of goA'ernment and policy. These are truths that are generallj'' acknowledged in your county, as they are also by many in Hamilton, and, from the information I have from Mr. Tod, is the case also in Trumbull. Means have been thought of to counteract the efforts of the gentry here, and counter- petitions were proposed, but they had got the start; and, as persons who have private views, and only use the people as means to accom plish them, are generally more active than those who have only the public good in view, and seldom stick at any thing, true or false, that promises them success, I am inclined to think that petitioning gen erally will be abandoned, and a, representation from the most influential and best known characters substituted. To support the petition for this quarter, Mr. Worthington and Mr. Bald win are appointed, and will set out early next week, and I think it probable that Mr. McMillan and Mr. Tod will follow them before long. In the course of a week, I shall probably be- able to inform you with certainty. In the meantime, should you think it would be useful, might not the list be kept back for that Correspondence, Addresses, Etc. 551 time ? You would probably be better able to take your measures than if it Avere produced immediately on receipt of it. This is, however, a mere hint, and I am very sensible I have no right to go farther, and am very happy that a matter which I think of great consequence to this country is confined to your pru dence. The paper of the day has at this moment corae in; it contains a foolish protest of seven of the members against the blU. I send it under a cover, and a copy of the journals, as far as they are printed. A part of your instuctions, which I forwarded before, is to procure a legislative construction of that part of the Ordinance which gives power to the Governor to erect counties. That is, in my opinion, an improper mode. The true way would be to refer it to the Su preme Court, but it is most probable that it will be referred to the Attorney-General. But to whomever it may be referred, I request the favor that you will lay before them my ansAver to the joint ad dress from the committee on that subject during the last session, which you will find in the Journal of 1800, Avhich I forward you.^ 1 Mr. Fearing wrote in reply from Washington city, under date of Janu- ary 11, 1802. He said that he had not received the Journals referred to, that several letters, including one from Mr. Sibley, had failed to reach him, and he suspected the post offices. He concluded as follows : "This day the act passed the Senate, which had before passed the House, flxing the ratio for representatives at 33,000. The Senate are hammering at the judiciary ; and, I believe, whether constitutional or not, it Avill be re pealed, as well as laws laying an internal revenue. Popularity appears to he the order of the day. Public faith can not be put in competition." The census of the Territory showed the following inhabitants: MALES. FEMALES. Whites, 10 years of age 9,362 8,644 Whites, 10 and under 16 3,647 3,358 Whites, 16 and under 26 4,636 3,861 Whites, 26 and under 45 4,833 3,342 Whites, 45 and upwards 1,955 1,895 24,438 20,595 Whites 45,028 All other persons, except Indians, not taxed 337 Total 45,-365 Was the ratio of representation changed to provide an increased repub lican representation in Congress ? It certainly aided the plans of the state party west of the Ohio. 552 The St. Clair Papers. Nathaniel Massie to Thomas Worthington. Chillicothe, Jan. 3, 1802. Dear Sir : — I have inclosed you a Chillicothe paper of yesterday's date, Avherein you will observe every thing material that has taken place since your departure. The correspondence between Colonel Finley and his Excellency is entirely of a piece Avith the rest of his conduct, and need no animadversions on it frora me, as you are too weU acquainted with his former conduct. I can not, hoAvever, help being a little apprehensive that the depo sition of J. Lane will be attempted to be made use of to your and Mr. BaldAvin's disadvantage ; that is, to endeavor to excite animos ity between you. But let me entreat you not to suffer any thing of the kind to intercept the principal object, and I am in hopes that you will endeavor so to explain the transaction as to give Mr. Bald win's friends no uneasiness.^ The comraittee has not proceeded on their raission, but I antici pate the principal object, which is to attach as much odium to Bald win's character as possible, and, of course, to show that you are not much better, for, by lessening the character of one, will, in a great measure, attach some suspicion to the other. You Avill receive, inclosed, a petition that I picked up the other day while I was on a tour as far as the Falls with Colonel Meade, who arrived at this place the day you left it. Dr. Tiffin has men tioned to me that he would inclose you a copy of a letter that he received from Mr. Wm. LudloAV a fcAV days ago. It apjiears from Mr. Ludlow's letter that there will be considerable opposition from Harailton. So much the better. I would recommend that on your arrival, if you find there is any doubt about an act being passed to express the disapprobation of the General Governraent, endeavor to haA'e the business postponed a short tirae, until the Harailton peti tions can arrive. They must have their proportionable weight. I have written Mr. BroAvn and General Mason by this mail. Having said every thing that occurs at this time, I can only assure you that I shall be as industrious as possible on the occasion, both in writing to my acquaintances in Congress, and endeavoring to procure as many petitions as possible. . . . P. S. The charges against the Governor wUl be made the eve ning of the rising of the legislature.' 'MS. Worthington Papers. ^The saying, " politics makes strange bed-fellows," flnds its exemplification Correspondence, Addresses, Etc. 553 Ed'waed Tiffin to Thomas Worthington. January 8, 1802. Dear Sir : — I have inclosed the Avithin letter to you that you may see the situation of Hamilton county on the interesting question. in this correspondence. Baldwin, who is here spoken of respectfully, was a dissolute young raan of more than ordinary talents, who was soon thrown over by his party. Dr. Tiffin, within a very few month's, is found writing of him as the most disreputable character in the Territory. W^hen Gov- ¦ernor St. Clair appointed Finley colonel of the militia, in 1799, Mr. Worth ington was offended [see letter of St. Clair below], yet here they are work ing together for the removal of the Governor. The preference of Finley for colonel was not the only cause for offense that rankled in the mind of Colonel Worthington. April 14, 1801, we find St. Clair requesting hira, as register ofthe Land Office, to procure a book and enter every section and half-section of land to be offered at public vendue, so that it could be ¦easily identified on the map received from the Surveyor-General; and, later, denying his right to take certain fees. The register declining the ad vice as to fees, the Governor wrote to the Secretary of the Treasury, and -upon receiving reply, July 2, 1801, writes to Colonel Worthington that as he had declined to take his opinion in reference to taking fees from the purchasers of land at public sales for original entries, he submits that of the Secretary of the Treasury, Avho declares it to be improper. He, therefore, advises him to advertise that such fees were taken under a misapprehension of the law, and that they would be returned to all who would apply for them. Governor St. Clair to Thomas Worthington. Cinoinkati, April 14, 1799. Sir: — Tour letter of the 26th March came to hand some time ago. 1 had previously received from Colonel Finley information that he had been mis taken about Major Dunlap, and T think it is fortunate that you had sug gested the probability that he Avas so, vv'hich prevented rae from asking, upon the representation, for his resignation. Tou will have observed that nothing more commonly happens than that when a person has made a false step he raakes several more in endeavoring to recover it. This is precisely my case with respect to you. As I have assured you, nothing was further frora my intentions than the giving you any disgust by the appointment of Colonel Finley, and yet I can not but own, as it was done without any intimation to you, with whom I had freely and fully conferred on all other appointments, it was not Avithout reason you were disgusted, and the mode I proposed to remove it was the most natural indeed, the only one that occurred to me. It was made, however, ratiier unadvisedly and hastily, for the militia, by the laws as they now stand, are to be formed into regiments, each consisting of two battalions, commanded hy Ijeutenant-colonels, and the two battalions by a. colonel, so that, as there can not be more than two battalions in your county, the appointment of .554 The St. Clair Papers. I have by this mail written to Colonel George Jackson, member in Congress from Virginia, in answer to a letter I received from him by last post, I have mentioned you to hira and the object of your mission. We are still in session and as much confused as ever. The com mittee of safety has been endeavoring to collect evidence against the people of the town but can make out nothing ; it will end in smoke. Major Ferguson has this day inclosed his commission to the Governor, and I am informed several think of following Colonel Finley's and his example. Robert Gregg is appointed Judge of Pro bate, etc. , and Mr. McLaughlin, collector in the room of H. Massie, resigned. We hear Mr. John McDaniel is very unsuccessful in ob taining petitioners, and I expect we shall soon send out a great many petitions. I shall expect to hear from you often. Your faraily and mine are all AvelL' another colonel can not take place at present. This affair has given me un easiness, and I certainly had great reason to be satisfied with your activity and public spirit, and had no other reason for appointing Colonel Finley than that of his being an old officer from whom I expected the militia would receive more improvement than frora any person who had not seen service. I will divide the militia into battalions, but Avill not effect it until I have an op portunity to see you, and I propose being in your town in a few days. So soon as their nuraber will admit of forraing a third battalion it will be done, and then another colonel may be appointed. I was hurt at your observation on the postage. I would have you believe that I set too much value on your correspondence not to pay cheerfully for the transportation at all times I may be favored with it. A pamphlet, in answer to Mr. Nicholas' letter to his friend in Virginia, made its appearance a few days ago. This seems to be a complete answer and refutation of that letter, and had the author left out the reflections and comparisons he has made on negro slavery would have been unexception able. I have sent you a copy by the bearer.^ (1) MS. Worthington Papers. ^It is to the credit of Governor St. Clair that his correspondence nowhere contains evidence of any unfriendly feeling towards Dr. Tiffin, and in that respect is in striking contrast with the temper displayed in the letters of the latter. Governor St. Clair received Dr. Tiffin cordially, as he had been re quested to do by General Washington, in the following letter of introduc tion ; but he could not confer on him as many official favors as was requested and expected : General Washi'nqton to Govbknoe St. Clair. January 4, 179o. Sir: — Mr. Edward Tiffin solicits an appointment in the Territory north west of the Ohio. The fairness of his character in private and public life,. Correspondence, Addresses, Etc. 555. GoYDENOR St. Claie to James Eoss. Chillicothe, January 15, 1802. Dear Sir : — Though I have nothing to inform you of that will aflford you much entertainment, yet I Avill give you some account of our proceedings, and I am the more led to trouble you Avith it be cause my very good friends, Mr. Worthington and Mr. Baldwin, are noAV at Washington, and I have every reason to believe that so far as tbe proceedings can be twisted so as to appear unfavorable to me, they will be so twisted by thera. The law declaring the assent of the Territory to an alteration of tbe Ordinance, so far as relates to the boundaries of the States to be hereafter erected therein, passed by a majority of two-thirds in the House, and unanimously in the Council. This is said to be a measure of mine, and calculated to retard the going into a State gOA^ernment. That it met my hearty approbation, as it might possibly have that effect, is certainly true, but I never once heard of it till the bill Avas before the House. I am, however, most con fident that, should Congress authorize this Territory to becorae a State at this time, this country is devoted to misery and ruin, and that .it will be very fortunate for the people if it can be prcA'cnted for some years to come. In that time it is probable that the present heats, which have been artificially raised, will be cooled doAvn, and that Congress will see a propriety in the proposed alterations which would render all the State of a manageable size, while the principal rivers, except the Scioto (and that can hardly be called a naA'igable river), instead of bounding them would run through their difierent centers. The subject of the different construction of the Ordinance as it relates to the power of laying out counties, was again brought on the carpet, and protest offered against the construction by which I had governed myself. It was rejected by a very great majority, four- together with a knowledge of law resulting from close application for a con siderable tirae, will, I hope, justify the liberty I now take in recommending him to your attention; regarding with due attention the delicacy as well as- importance of the character in which I act, I am sure you will do me the justice to believe that nothing but a knowledge of the gentleman's merits, founded upon a long acquaintance, could have induced me to trouble you on. this occasion. With sincere wishes for your happiness and welfare, I am, etc. George Washinoton.^ (1) The original is in possession ol Dr. W. H. St. Clair, of Effingham county, Illi nois, a great grandson of General St. Clair. 556 The St. Clair Papers. only, I think, appearing in faAfor df it ; but I believe I had best quit this detail and send you the journals. On Christinas evening, and the evening preceding, there were unlawful assemblies Avith the avoAved intention of insulting certain merabers at their quarters, and to burn the Governor in effigy. At the head of the last Avas Mr. BaldAvin, and he was not prevented from it but by the splendid exertion of Mr. Worthington, who was obliged to go so far as to threaten him with death. As to the eflSgy, it would not have disturbed me in the least had I known of it, which I did not until the next day, that Avas Christraas. I Avas, in the evening, in my chamber, writing, when I heard a violent noise in the house beloAv, and immediately went down to knoAV the cause of it. Every thing Avas In an uproar ; a number of people in the passage and a great raany in the street before the house. I soon found that, in a A'ery rude raanner, several of those people had forced themselves into the roora Avhere the members had dined, abused some of them, and one of them was actually collared. That gentleraan was armed Avith a dirk, Avhich he instantly drew, and very fortunately was prevented from putting the fellow to death Avho had collared him. The sight of the Aveapon had the effect to make them quit the room, and the passage I found full, as I have mentioned. I expostulated with thera, both in the house and in the street, set the consequence before them, and, in the meantime, sent for a magistrate and the sheriff. The sherifi" was out of town, but a deputy attended, and the magistrate, and, after some time, they were dispersed. When all was quiet, I returned again to my cham ber, and Avent to bed. But it was not long after till one of the peo ple, who had been most violent, returned, and had not Mr. Worth ington come in about the same time, mischief Avould have ensued. On Monday, I called on the magistrate, and desired hira to call the persons before him, and bind them over to the next court of quarter-sessions. He did call them before him, but instead of put ting them under recognizance, informed me in writing that he had found that they were not guilty, and dismissed them. This led to some correspondence Avhich ended in his resigning his office, and the whole was laid before the assembly. I have been thus rainute be cause the affair I have no doubt will be very much misrepresented, for I have heard from several places on their route, that Worthing ton and BaldAvin have been loading me with every opprobrious term that could be thought of; or rather Baldwin, and the other not con tradicting it. I know your friendship would lead you to doubt their . story, but it wUl be told to many who do not know me, and it is not Correspondence, Addresses, Etc. 557 unlikely to tbe President himself. Should that happen, if you can not do it yourself, can you not get conveyed to him that I have but five enemies in the Territory, except sorae they have misled and Avho probably never saw me. These are Worthington, Tiffin, Massie, Darlington and BaldAvin, and the last never Avas five minutes in my company in his life. All tbe others have been obliged to me, and one of tbem holds the best office in the Territory. A good opportunity of serving Mr. McLaughlin presented itself a few days ago. Plenry Massie resigned the collection of the taxes in the military district, and Mr. McLaughlin is appointed. It pro duces about four hundred doUars per annura. Governor St. Clair to Paul Fearing. Chillicothe, January 15th, 1802. Sir : — On the 25th of last month, I inclosed to you a certified copy of an act declaring the assent of the Territory to an alteration of the boundaries of tbe States hereafter to be erected therein, Avhich I have been requested by the House, to forward to you, and, at the same time, troubled you Avith 'a private letter, as I had done some time before. Whether any of those letters got to your hands is un certain, and wbether they ever will, or any that may be written to you from this place, is much doubted. We have long thought that very improper practices prevail in the post-office here. During the last session the communication with Mr. McMillan was suppressed, and when it was not was very irregular. Out of five letters that I wrote to him, three ouly reached bim, and of five or six written by bim to me, some miscarried certainly, and one reached me t\A'o weeks after his return to Cincinnati, though he had made a jour ney to New Jersey in the meantime ; and the same happened to Mr. Burnet's correspondence Avith him. Whether those practices prevaU now I know not, but I knoAV that Mr. Burnet suspects it, as he has received only tAvo from you, covering certain documents that accompanied the President's Message. Mr. Worthington and Mr. Baldwin must have been arrived at Washington some tirae. Mr. McMiUan AviU not set out under ten days yet to come, and it seems doubtful whether Mr. Tod wUl go or not. I beUeve there are tAvo reasons that operate against it ; one is, that Mr. Meigs bas ab-eady gone from Marietta and declares him self friendly to the division, and wishes that the people of your county may petition Congress on the subject and authorize him to 558 The St. Clair Papers. present it ; another, and I suppose the principal one, is that there would be some difficulty in raising the money necessary for a special agent. I am sorry for it ; not that I think the petition would not be in good hands if intrusted to Mr. Meigs, but that the sending some person from Trumbull would be the means of uniting a great many interests, and giving each more weight ; but the idea of put ting the petition into any hands but yours was never entertained by those Avho proposed the measure. The serAuces of those gentlemen whom I have mentioned to you were meant to be entirely out of doors, and, sub rosa, I have good reason to think new efforts will be made by the agents from this place to AVork ray reraoval, and from their conduct on the Avay (for I have heard of them frora some places on the way) , no falsehood or calumny that malice can invent Avill be spared. I trust in the integrity of my conduct, and to the good offices of the foAv Avho have known rae, to counteract them, and yours, I trust, avIU not be refused. There were several unlawful and riotous assemblies in this place on Christraas evening, and the CA^enlng preceding it, with the inten tion to insult and raaltreat some of the members, and to burn the GoA'ernor in effig}'" — Mr. Baldwin at the head of them — and they were not suppressed Avithout some difficulty, nor until one of the merabers was actually collared in his quarters. I should have laughed .at the effigy. Because I endeavored to have the offenders against the privUeges of the legislature brought to justice, a new source of dislike against rae is opened. You Avill, probably, hear it spoken of and represented in a Avrong light, but Mr. Worthington, who is a raagistrate here, could not disperse the first 'meeting on Christmas eve untU he threatened to put Baldwin to death if he, with the mob he had at his heels, proceeded ; nor, on the second night, but by my interference, and that of another of the magistrates sent for ¦by me ; and had not Mr. Worthington fortunately come to visit some ¦of the merabers after I had gone to rest, it Avould have been re newed ; and to him I refer you, if you think it worth while to make any inquiry. Paul Feabing to Go-veenoe St. Claie. Washington, D. C, January 18th, 1802. Sir : — By last week's raail I received your letter, which I imme diately answered, but in ray ansAver I mentioned the failure of those inclosures, which inclosed the journals you had mentioned in your letter. A day or two after I had written to you, one of our door- Correspondence, Addresses, Etc. 559 keepers informed me that I had two packages in the post-office that were too large to come free, and that there Avas nine dollars postage charged on them. I immediately conceived what they were and went up and took them out, and got the postage reduced to pamphlet rate. I have applied to Mr. Smith, agreeably to your request. He has engaged to comply, but says he can not for a few days, as he is obliged to fill his papers with the debates of the Senate on the Ju diciary.' The question Avas expected to be taken up to-day, but the Senate was occupied in executive business; it is generally believed that if the question should noAV be taken, there Avill be one or two of a majority for the repeal. If Mr. Ross and Mr. Ogden should arrive, the majority might be on the other side. There are also two merabers absent Avho would vote with the present majority, as is expected. But I have calculated the law lost, and the independence of our judiciary much weakened, Avhicb, before, I have beeu led to believe, was secured by our Constitution. The Chillicothe agents have arrived, and are very anxious to have the business before Congress, and I fear that unless some one from the Territory should be here, Avho enters fully into the politics of the majority, that the agents and their friends avIU try to make a political party question of it. I have seen letters Avhich complain that should the division take place Ave could not go into a State government for fifteen years, and all that time we should be kept in bondage, etc. I Avish the persons Avere here that you mentioned were likely to come on. Several of the members 1 have heard ex press a Avish that Ave could have two Territorial governments, and revert into the first stage thereof. Such an arrangement, I think, Avould be more likely to carry, as we find none but what interest will operate on, and those members Avho have lands in the Territory would be glad to see us in such a state as that we should want no taxes. Should this reach you before the Assembly separates, please inquire of the gentlemen from the different counties if such an ar rangement would be agreeable. You will be able to give me your ¦opinion before the law will be got through. I do not know whether you will be able to sead and understand my letter ; I have written it in so much baste. Nathaniel Masses to Thomas Worthington. Chillicothe, January 18, 1802. Dear Sir : — On Wednesday next, I am in hopes, this session of 560 The St. Clair Papers. the General Assembly Avill end. Nothing very material has been done since you left this place. The coraraittee of inquisition ^ has not made their report, and I am sure if they were left alone they never would, but, for the credit of the inhabitants of this place, I shall endeavor to make thera. I attended at their taking of depo sitions, and every exertion Avas made to implicate some persons with a design to raise a riot to disturb the Governor and certain raember,?, but they all failed. Indeed, it appeared that sorae of the members were greatly to blarae. Mr. BaldAvin Avas particularly aimed at, but nothing could be raked u]5. A resolution Avas laid on the table some days ago, by myself, re questing Congress to pass au act for our immediate adraission into a State government, but it Avas soon kicked out of the House , it was hardly treated Avith comraon politeness. We have now before us a biU to take the census this year, but I am sure it will fail. You will receive a large packet of petitions hj this mail, and chiefly from Hamilton county. Frora the latest inforraation, that county is more than one-half opposed to the measure,^ and it ap pears that the more the subject is examined, the raore it is depre cated. I ara very sanguine that at the next session the tone of members will greatly be changed in favor of a State government. A report is in circulation, at this place, that 'Squire BroAvn is shortly to set out for the city, with instructions to sujjport the Gov ernor's interest, and to use his influence to obtain a judgeship for hiraself, for, in case the late judiciary systera is changed by Con gress, I apprehend ajudge Avill be Avanting in this Territory, and I rather suppose this is his object, together to use his eloquence to get the division act passed. If there^should be a federal judge appointed in this Territory, I should be pleased with Judge Meigs I Legislative Committee appointed to investigate the Chillicothe riot on the occasion of the passage of the act changing the seat of government from that place to Cincinnati. January 25th, Cnlonel Massie wrote Mr. Worthington that the legislature closed Saturday without having accomplished rauch. " The coramittee of in quisition made their report as ifthey Avished to conceal and draw a veil over the Governor's transactions ; the amount of it was that the promoters appeared to be actuated from intoxication." " The last two days of the session we had a little quarreling — our little friend Kimberlej' was the principal on the one side, and Cutler and Schieffelin on tlie other. The whole proceeded from Kimberley's having expressed himself rather freely as to the influence that Putnam had over certain members, Avhich stung them rather much." 2 That is, the measure giving the consent of the Territory to a change of boundaries. Correspondence, Addresses, Etc. . 561 receiving that appointment, and, in that case, a territorial judge wiU also be wanting; I think Mr. Byrd would fill that office with respect and give general satisfaction. On this subject, you can be better informed from Mr. James Brown, if he is at that place.^ Governor St. Claie's Eemaeks on Adjourning the General Assembly, January 23, 1802. Gentlemen of the Council and of the House of Representatives .-—Your joint resolution informing me that the state of the business before the two Houses Avas such as Avould make an adjournment on this day proper, and requesting that when it did take place the next meeting might be on the fourth Monday of November next, were presented by your committee two days ago. As it always gives me pleasure to meet your wishes, I cheerfully consented to both. Your session, gentlemen, has been a long one, and much im portant business has passed through your hands, all of Avhich. that bas come to me, excepting the act to regulate marriages, has been approved. There appeared to me so many serious objections to that act, that I could not consent to its becoming a laAv. Some of its most material parts are nearly a literal transcript of the laAv uoav in force. That law bas some iraperfections, the chief of Avhich, in my mind, is, that botb male and female persons are alloAved to be joined in marriage at too early a time in life. But the act, gentlemen, so far from remedying that defect, would have carried it beyond all bounds. Marriage there is not eveu limited to the age of puberty, but, if the consent of a father, a mother, or a guardian, as the case may be, can be obtained, it may be solemnized (and consummated too) before. Cases in Avhich that consent niight jirobably be ob tained, Avill readily present themselves to your minds. Early mar riages do, no doubt, conduce to the increase of population and the preservation of morality; premature marriages, on the contrary, are opposite to the one and destructive of the other, and are most commonly foUoAved by regret, disgust, and conjugal infidelity. It can not be proper that at an age Avhen the laAvs suppose a want of discretion for the coramon transactions of life, and when contracts made relative to property, hoAV sraall soever the value of it may be, are not binding, persons should be allowed to enter into the most ^ MS. Worthington Papers. A'OL. II — 36 562 The St. Clair Papers. solemn, the most influential, and the most indissoluble of all con tracts ; a contract on Avhich the happiness or misery of the whole lives of the parties, or of their progeny, also, in a great measure, depends. The person by whom the marriage may be celebrated is required, be the distance from the office what it may, to present a certificate, in person, to the recorder. It can not, as at present, be transmitted; it raust be presented, and that under a heavy penalty; and for this journey, the publication of the banns, and perform ing of the ceremony, he is entitled, by the fee-biU, to one dollar and a quarter. Inconvenient consequences would result from the third section of the act. I knoAV of nothing that should hinder or pre vent persons coming from foreign parts, and actually married, from bringing with them the ' ' credentials " of their, marriage. It is usual on the continent of Europe and in Great Britain and Ire land to take certificates of marriage at the time they happen, and should it be then neglected there is no difficulty in obtaining them afterwards. It is a precaution Avhich every prudent married couple on leaving their oavu country Avill take. Should male and female persons corae frora foreign parts, and though not married, live together as raan and wife, and the AVoraan be perraitted by the man to assume his narae, he will be as rauch bound by her acts, as the laAV now stands, as he Avould be by the act in question had it been approved. But the chief object to this act seems to have been to take the power of granting licenses to marry without publication out of the hands of the Governor and place it in the hands of the prothono- taries of the courts of comraon pleas. I can not, see, gentlemen, the smallest connection there is between this power and the office and duty of a prothonotary. If a power of dispensing Avith the require ments of the laws in certain cases can ever be placed with propriety in any raan, it raust be in the chief magistrate. If this poAver be found inconvenient, though the experience and practice of, I believe, every State is in its favor, let it be entirely. But I can never con sent that a power to dispense with law in any case shall be vested in a subordinate and ministerial officer. Accept my thanks, gentleraen, for the attention you have paid to every thing that Avas recommended. Good effects to all the people AvIU, I trust, fioAV from your labors ; and that a well-grounded con fidence, in the legislature, and a spirit of peace and rautual good- Avill generally prevailing, avIU be the result. I recoraraend it to you, gentlemen, when you return to your counties, and it is rauch in your poAver to cultivate that spirit — the balm of private life and the Correspondence, Addresses, Etc. 563 source from wbicb all tbe pleasures of social intercourse are to be draAvn. Gentlemen, your sessions are now adjourned, to be recommenced on the fourth Monday of November next at Cincinnati, in the county of Hamilton. '^ Nathaniel Massie to James Madison. Sir: — Believing that Arthur St. Clair, Governor of the North western Territory, has violated that confidence and trust reposed in him by the constituted authority of the United States in presiding ¦over the Territory as their chief magistrate, I have thought proper to exhibit to the President such parts of his conduct Avhich appears inconsistent with the nature of Ijis appointment, trusting that Avhen a high and responsible officer has violated his constitutional duty, that an inquiry AviU be made into his conduct. The foUoAving charges I Avish and request you to lay before the President of the United States : 1st. That Governor St. Clair has degraded his official character in attempting to divide the Territory, by assuming to himself the right ¦of recommending to the Hon. William H. Harrison, the then dele gate to Congress from this Territory, in the session of the year 1799, when the legislature of this Territory bad been but three Aveeks out of session, and to Mr. Pickering, the then Secretary of State, a plan of division wbich was calculated to deprive the inhabitants of the advantage and opportunity of forming a State government agreeably to the provisions of the Ordinance for the government thereof, which has ever been considered as their constitutional guide. That, in his letter to the delegate, he gave as a reason that the di- ¦vision ought to be made as recommended, otherwise a certain part of the Territory Avould be materially injured, which appears to be that part in which the delegate, as he supposed, was most interested, when to Mr. Pickering he used quite a different reasoning, to-wit : that if the division as recommended did not take place, that the then administration might, with reasonable certainty, expect that 1 This general assembly did not again convene. The State party succeeded in getting an act passed by Congress providing for erecting the Eastern Dis trict into a State, and prevented the State legislature from having any part in the business. The convention to form n State Constitution met early in November, and, at the request of that body. Governor St. Clair issued a proclaraation postponing the day of meeting. For further particulars, see Vol. I, pp. 224-47. 564 , The St. Clair Papers. the eastern State, as conteraplated by the Ordinance, would in a short time become a State government, and the consequence would be that the representatives chosen from said State to represent them in the General Governraent Avould oppose the then adrainistration. Indeed, his ExceUency did not stop here, but condescended to crim inate and represent the individual opinions of the different settle ments of the Territory, saying that such a district of people AvasEe- publican, and another Avas in favor of the then administration; and to enforce his reasoning raore strongly on the probability of the majority of the said conteraplated State being Eepublican, he re ferred hira to the neighboring States of -Kentucky and Tennessee ; but, trusting that if the division as recoraraended Avas raade, that such an infiuence as the General Governraent Avas capable of making might operate a change to their advantage. VieAving such conduct as degrading to the office of a chief magistrate, inasmuch as it ap pears that he was placed over the independent sentiments of the in habitants of the Territory rather than their chief magistrate, I can not for a moment believe that the President will ever encourage such conduct. To his letter to the Hon. Mr. Harrison, which was printed for the use of the raerabers of both Houses at that session, and to his letter to Mr. Pickering at the same time, I beg leave to refer you ; if the last- mentioned letter was a private one, a copy, or the substance thereof, I can procure and Avill forAvard Avhen requested. 2d. That the Governor has demanded and received from the citi zens of this Territory oppressive fees in the execution of his official duty unauthorized liy laAV ; for the confirmation of this article, I refer you to his letter on that subject. Sd. That the Governor has violated the constitution of this Ter ritory in assuraing to himself the legislative powers thereof, by erecting ncAV counties out of counties already laid out, and thereby altering their boundaries, and fixing the permanent seat of justice. I Avill refer you to his several proclamations on this subject. 4th. That in public corapanies he has frequently raanifested a hostile disposition to a republican form of gOA'ernraent in asserting that a monarchical government Avas the ouly form that could or ought to be supported, thereby degrading his official character as the chief magistrate of a people attached to a republican form of government. 5th. That the Governor has attempted by his official influence to make justices of the peace of this Territory depart frora their duty, and thereby to place the life, liberty and i^roperty of the citizens at Correspondence, Addresses, Etc. 565 bis control ; his conduct in the case of Colonel Samuel Finley, as a justice of tbe peace, and certain citizens of the town of ChilUcothe, as will appear from the Scioto Gazette of the date. Having the fullest confidence in the Chief Executive Magistrate of our General Government, I trust the above charges wiU have bis serious and mature consideration.^ Thomas Worthington to the President. City of Washington, January 30, 1802. Feeling no prejudice toward Governor St. Clair as a man,^ but, on the other band, viewing him rather with an eye of pity, it is not a pleasing task to me to be obliged, in defense of what I conceive the just and lawful rights of myself, in common Avith my fellow- ^ MS. Worthington Papers. — For the forraal charges drawn up by Massie for the President, see following letter — Thoraas Worthington to the President. '¦"It Avill be seen from the following that theoriginal instructions restricted Messrs. Worthington and Baldwin to the work of defeating the act of the territorial assembly. The junto of the State party had other views, and soon managed to enlarge the powers of the agents so as to embrace the re moval of St. Clair and the admission of the eastern district as a State. To Thomas Worthington and Michael Baldwin. Gentle-men: — By virtue of the trust reposed in us by a number ofthe [in habitants of the] North-Avest Territory, who did, at a general meeting, con- .stitute you their agents to attend at the present session of the Congress of the United States, in order to use your utmost exertions to prevent a law, passed at the present session of the general assembly ofthe Territory, being carried into effect, entitled, "An act declaring the assent of the Territory north-west of the Ohio to an alteration in the Ordinance of the government thereof," because they believe the act to be a violation of their constitutional rights, and unjust in its tendency and operations. We do hereby instruct you to take proper measures to have the remon strances of the people laid before Congress, together with such of the jour nals of the House of Pvepresentatives as relate thereto ; and, also, the pro test filed by the rainority of the House of Eepresentatives against such act. We do, likewise, instruct you to represent to the meinbers of both Houses -of Congress the apparent motives which induced the majority of the said Bouse of Kepresen tatives to vote for the said act. By order of the committee, Sam. Findlet, Chairman. Attest: Joseph Kerb, Secretary. 566 The St. Clair Papers. citizens of the North-western Territory, to remonstrate against bis conduct. In doing this, sir, no circumstance shall be stated wbicb- can not be substantiated by proper testimony. I wiU not trouble- you with every act of Governor St. Clair which bas caused discon tent, but will confine myself to those which have given general dis satisfaction, and which have tended, in their consequences, to pro duce ferment and confusion in his government. I am well assured, sir, that you will need no arguments to con vince you that there is always much difficulty in establishing facts Avhich shall be the grounds on Avhich to found the impeachment of an officer placed in tbe situation of Governor St. Clair, yet there may be more than enough to prove that the general tenor of his conduct is such as to show him unworthy of so high and confidential a station in the government of a free people. The very extensive powers given to the Governor by the Ordi nance for the governraent of the Territory avIU, in alraost every instance, be resorted to as a shield to defend him against complaint. But, when the Avhole tenor of his conduct is marked with a design to proraote his oavu pecuniary interests and gratify his ambitious and tyrannical disposition, regardless of the welfare and happiness of the people governed by him, I trust, sir, that a wise and just gov ernment (which I believe that of the United States to be, and to Avhich the people of the North-western Territory look up for protec tion and a distribution of equal rights and justice) will not be re gardless of their well-founded complaints. To prove what has been asserted, let facts be stated which can not be confuted : ' 1 Accompanying Mr. Worthington's letter were charges which had been formulated by the Chillicothe junto, as follows: Charges exhibited to the President of the United States against the Honorable Arthur St. Clair, as Governor oe the Territory oE the United States north-west of the Eia'er Ohio. Drawn UP BY Nathaniel Massie and preferred by Thomas Worthing ton, Agent of the State Party, and Eepublican Leader. 1. He has usurped legislative powers, by the erection of courts and loca tion of the seats of justice by proclaraation, on his own sole authority. 2. Ho has misused the poAver of negativing legislative acts Ijy putting his negative on laws useful and necessary for the Territory. 3. He has refused to perform the duties of his office but on the payment of arbitrary fees not established by any lawful authority. 4. He has negatived acts of the legislature abolishing those fees, and passed their act giving hira $500, raeant as a compensation for that abolition, thereby holding both the fees and compensation. 5. He has attempted to effect the dismemberment of the Territory, and to^ Correspondence, Addresses, Etc. 567 He bas wantonly rejected laws passed by the representatives for tbe good of the people, and as wantonly usurped the power of erect ing new counties contrary to any consideration of words, and Avhen tbe united voice of tAvo branches of the legislature remonstrated against it. At the comraencement of the first session of the terri torial legislature, in 1799, sundry petitions Avere presented to the Governor praying that new counties might be laid out; these peti tions were sent doAvn to the House of Eepresentatives, and the peti tioners informed by the Governor that they must apply to their representatives, as his powers to lay out ucav counties ceased Avith the commencement of the representative government.^ Six laAvs were therefore passed erecting new counties by two branches of the legislature, all of Avhich were (not until the day he prorogued the assembly, nor was his change in opinion known before) rejected. Five other laAvs were rejected — in all eleven at the same session — the expense of which to the Territory could not be less than three thousand dollars, and near one- third of the labors of the session were lost. The Governor's address to the assembly on the last day of the session will be found, and Avill verify the foregoing charge.* He bas, in the appointment of civil officers in the ucav counties destroy its constitutional houndaries, in order to prevent its advanceraent to those rights of self-government to which its nurabers would entitle it. 6. He has granted commissions generally during pleasure; but thatof Attorney-General to his own son during good behavior. 7. He has endeavored arbitrarily to iniluence and control the proceedings of the judiciary, and has revoked or effected a surrender ofthe coraraissions of those who have refused to bend to his will. 8. He has appointed persons residing out of a county to offices the duties of which were to be habitually perforraed within them. 9. He has [neglected and thereby^] obstructed the organization and dis ciplining of a militia for the defense of the Territory, by withholding the appointment of officers eighteen months after a law had passed establishing thera. 10. He has avowed his hostility to the form and substance of republioan government [and contempt of militia regulations^]. 'There was no evidence furnished to substantiate this statement. The Governor's views as to his powers under the Ordinance are frequently and forcibly set forth in the preceding pages. -^ See page 561. (1) Added by Thomas Worthington. (2) There were eleven charges as drawn up by Nathaniel Massie, but the last was not inserted in tho copy submitted to the President by Colonel Worthington, which is in his handwriting. The eleventh charge was as follows : 11. He is in the habit of indulging himseU in arbitrary and rude conduct toward those who have to transact business with him, or under him. -.568 The St. Clair Papers. within the Territory, selected persons who resided without the county, . and were his favorites, to the raost lucrative offices, contrary to the wishes of the people, and Avhen there were characters Avell qualified to fill such offices residing Avithin such ncAV laid out counties.'- He has created perquisites to his office which are unjust and illegal. For every tavern license granted before the last session of the Asserably he received four doUars ; for every ferry license granted before the session of 1799, he received one guinea f he noAV receives one guinea for every raarriage license by hira granted. Fees are received on militia commissions, and are also charged on all the commissions of the civil officers in each newly-erected county, in proportion as the coraraission is lucrative. He has atterapted to raake the judiciary dependent on his will; and Avhen justices ha\-e acted with firmness and independence in giving such a construction to an existing statute law as appeared to them reasonable and right, their commissions have been revoked by his proclamation. He is an open and avowed enemy to a republican form of gov ernment, and an advocate for monarchy ; is also an open and de clared enemy to militia regulations, which declaration his practice hitherto has confirmed, as the militia in the Territory are without ' St. Clair held to the opinion (see his plan for a government, laid before the Council of Censors) that the people should not be restricted to local bounds in the selection of public officers. There were two instances which formed the basis for the charge preferred by Mr. Massie and Mr. Worth ington. ' In a letter to Mr. Madison, Secretary of State, June 17, 1802, reviewing the charges of his eneraies, the Governor explained as to the fees that they were warranted by law, except in the case of ferry licenses. The subject had been considered by respectable authority^ who decided there was no legal obstacle in the way of collecting a fee for such licenses ; that it was customary in other States, and had been demanded on the principle of quantum meruit. The Governor says, in the letter to Mr. Madison: "Be pleased, sir, to consider that the ferry licenses were h, public act, under the seal of the Territory, whereby the parties acquired a freehold in the ferries, and could not be ousted from them, but in consequence of a breach as certained by a jury; that I conceived I had a right to demand a fee, and that the fee demanded was not exorbitant, taking into view the benefits ac cruing to the parties paying it; that it could not havebeen deinanded from avaricious motives, the whole amount received not exceeding ten guineas; and that the salary was in fact no compensation for the labor and expense to which I was exposed in the execution of the office." Correspondence, Addresses, Etc. 569 organization,^ although a good militia law bas been enacted for two years past. He has created, and endeavored to attach to himself a party,^ 'In view of the utterances of the GoA'ernor on the occasion of his first public appearance in the Territory; of his work on the first law adopted, which Avas a law to organize the militia; of subsequent recomraendations, and of his public remarks to the militia of Hamilton county at a Fourth of July celebration, the boldness of this charge is remarkable. But it is made to appear more ridiculous when placed side ty side with the follow ing communications, addressed to Nathaniel Massie, author of the charges laid before the President, on this very militia subject, in the year 1800: Governor St. Clair to Colonel Nathaniel Massie. Cincinnati, April 21, 1800. Sir : — Herewith you will receive the act regulating the railitia. You will observe that by the seventh section the comraanding officers of regiments, battalions, and companies are required to meet at the court-houses of the respective counties on the first Monday of May next, and to divide the counties into districts, to be designated hy and within certain lines and limits, which are to he recorded. At the sarae time, a perfect return of the officers of the railitia in each county must be raade and transraitted to the office of the Adjutant-General at Cincinnati, accompanied with an accurate list of the numbers wanting to complete the establishment. To fill up the A'acancies in your county I vv'ill take it as a favor of you to raention the persons who seera to you best qualified. I am, sir, etc. Governor St. Clair to Colonel N. Massie. Cincinnati, August 20, 1800. Sir : — On the foregoing page is the duplicate of a letter I Avrote to you on the 21st of April, to whioh I have received no answer ; neither has the di vision of the county of Adaras into corapany districts, or the list of officers wanting to complete the militia to the new establishraent been received at the Adjutant-General's office. You must be sensible, sir, that without them the militia can not be organized conformably to law, as well as of the ill- consequence that raay flow frora a neglect of it. I request, sir, that they may be no longer delayed, and am, etc. 2 One can iinagine the broad sraile that must have spread over the face of 'Thoraas Jefferson when he read that solemn accusation from the pen of his arabitious political manager in the new Eepublican State. Perhaps his thoughts went back to the time when, while Secretary of State in the cabi net of Washington, he laid the foundation of a neAv political organization destined to endure longer than any other in Araerica, and to the success of his own plans, which had elevated him to the Presidency. He must have felt a touch of sympathy for poor St. Clair, Avhile admiring the clever skill of his friend Worthington in rounding a period on the civil service to catch ithe popular ear. 570 The St. Clair Papers. and in conjunction with them has made attempts, and in some measure succeeded, to destroy the harmony and divide the interests of the people, affecting to promote the local interests of certain places, thereby enlisting partisans to support his views. The late effort to alter the bounds of the States in the Territory originated Avith the Governor, and has been supported by his influence in every stage. If a letter written by him to Mr. Pickering,^ then Secretary of State, in Deceraber, 1799, or in the succeeding months of Janu ary or February, 1800, can be found in the office of the Secretary of State it will prove this assertion beyond a doubt, for in that let ter the very plan which the Governor and his party have pursued Avas pointed out to the Secretary of State, and it was urged by the Governor that the then adminstration should procure a division of the population of the Territory so as to prevent any part from becoming an independent State ; because, when they did they would oppose the views of the adrainistration. It will be proper for me to observe that Mr. Pickering permitted Mr. Harrison, then a repre sentative [delegate] in Congress, to read this letter,'' and that Mr. Harrison, on the sarae day, stated to rae the substance thereof, and is now willing to support with his deposition what I have stated. The paper raarked " 3 " is the copy of a letter from the Governor to Mr. Harrison,^ and points out the same plan, but in a different shape. Here territorial divisions are contemplated as the necessary consequence of State divisions, or might be preparatory thereto. In a few days I shall receive documents to support in the most positive manner the fourth and sixth charges.* Should it be re quired, many other facts can be stated equally disagreeable to the people, aud to which they have patiently so far been obliged to submit. 1 A confidential letter, in interest ofthe adrainistration. 'i Doubtless Colonel Pickering, who was in the cabinet of John Adams, sup posed Mr. Harrison would approve of the plan. 3 See page 489, St. Clair to W. H. Harrison. *But the charges were never effectually sustained, although pressed upon the attention of the President and Secretary of State for months. They did not move the President to take action, as fondly hoped for by the junto. Mr. Jefferson thought it wiser to await that legislative action, then under consideration, Avhich would surely add a new State to the Eepublican column. He contented himself by directing his Secretary of State to ad vise Governor St. Clair that it would be better to let the General Assembly form the new counties, and that the custom of receiving fees for marriage Correspondence, Addresses, Etc. 571 Edwakd Tiffin to Thomas Worthington. Chillicothe, February 1st, 1802. Dear Sir: — By tbe last mail I received your first letter from Washington, dated January 14th, 1802, and am glad to find that you are encouraged to hope that you will finally succeed in the ob jects of your mission. I have used every exertion to get Colonel Massie to draw up and forward on his charges. We appointed three different times to meet on that business. I always attended, but could never get him there. He bas, before I received yours, left town, and when I shall again see him I know not. I forwarded on, by last post, three depositions. I did not certify that Colonel Finley was a justice of the pleas through neglect. I now inclose a certificate to attend them, should you be disposed to make any use of them. Witb respect to a State Government, I have endeavored to get a meeting of the committee ; tbey are of opinion tbat all the petitioners to the petitions already forwarded may be considered as petitioning for a State government, and I do assure you that a desire for a change of government is still increasing throughout the Territory, and could any thing be done this session of Congress toAvards it, the people would be highly gratified ; almost all the members of tbe House of Representatives, before they left this place, declared that and ferry licenses had better be ignored for the future. To this gentle hint St. Clair responded in a note dated: Washington, June 2Zd, 1802. . . . A stop shall be put to the fees immediately. There are few in struments so carefully drawn that different people will not differ about their true construction. The construction of the Ordinance for the government assumed by rae, as it respects counties, I thought right, and it has been acted upon with the single view of producing the general good of the counties respectively, without respect of persons; but, since the Executive has thought it wrong, I shall certainly correct the error in future. I request you, sir, to have the goodness to convey to the President the sentiments of my high respect, and to accept my thanks for the delicate raanner in which you have been pleased to communicate the animadversions, which, to my ex treme regret, he has had occasion to make. A. St. Clair. Before this result is reached there are other letters which will engage our attention, and which will occasion surprise and reflection. In striking con trast with this desperate scheme of a few raen to secure the removal of the veteran St. Clair, are his references to them in preceding letters, as, for ex ample, that to Timothy Pickering, March 30, 1800, ante. But we are in the- very mid-suramer days of party passion, when reason and a sense of justice; no longer control the actions of men. 572 The St. Clair Papers. they noAv saAV nothing but a change could remedy the evils we labored under, and that they heartily wished it could be eflfected. jNIr. Sraith is sorry he voted for an alteration in the boundary lines. Langham is, I ara told, now a great advocate for a State govern ment, and proraises the people his exertions — but a new election, which is approaching, has made him a convert. I forgot in my last to mention to you that the militia law is araended so as to repeal all that part which provides for the appointment of general officers. I opposed it violently in the House and got it thrown out. But the Council originated a new bill at the close of the session and got it passed. I am informed the Governor intends to start in a Aveek or tAVO for Washington. What are his objects I knoAV not. McMillan is expected daily through here also. The people of Cincinnati have raised four hundred dollars by subscription, and pay him six dollars per day to assist Mr. Fearing. You see they think their Diana in danger. "^ Nathaniel Massie to Thomas Worthington. Chillicothe, February 8th, 1802. Dear Sir: — Your letter of the 25th ultimo, together with your two other letters, came safe to hand. In the hurry of writing this letter, I can only tell you that I now inclose you the several proclama tions asked for, and by the next maU you will receive the charges against the Governor in due form. Suffer me, my dear sir, to teU you that I am highly gratified witb your conduct, and if you can remain a short tirae longer you Avill be assisted with all the aid that we can give you. HoAvever, I believe you have never thought that we would not affbrd you every assistance that was in our power. You have been pleased to observe, in one of your letters, that in case the old man was removed who was to be the man, and asked rae whether I would accept of the office. Be assured, sir, that under the circurastances in which I at present stand, nothing on earth would induce rae to accept of the office. My first and greatest Avish is to get him from the head of our government, and then I ara sure some suitable character might be found. I differ from you in opinion, and in that difference you will readily reconcile to yom-self that our object is the same, viz : The happiness of our country is ¦ our primary object. Such, I believe, to be yours. Any person that is not a resident will come to this country unconnected with party ^ MS. Worthington Papers. Correspondence, Addresses, Etc. 573 concerns. Such I must view every character at present among us, and most probably such a person will give more general satisfaction than any other. However high I respect my country, I must be suffered to tell you that a short time hence I Avill not be seen in pub lic life ; not tbat I believe myself possessed of any extraordinary talents to render my country that service which at present she re quires, but I believe, after a State government is formed, I can, Avith safety and peace of mind, remain at home, where social happiness is only to be found. I am now writing with our friend Tiffin, who will probably tell you something more than I do at present. I must, before I close this letter, inform you that at our next session the prospect of a State government is greater than it has ever been since our acquaintance Governor St. Clair to Thomas Jefferson, President. Cincinnati, February ISth, 1802. Sir: — It is most probable tbat the violent exertions made last winter, when my term of office expired, by some persons from this Territory, in order to prevent a reneAval of it, did not escape your notice, but it may not have come to your knowledge that, to accom plish that object, the basest means, the vilest falsehoods, and the foulest calumnies were resorted to ; nor that, at the very moment, they were, every one of them, guilty of the blackest ingratitude. By letter, sir, received from Washington by the last mail, I ara in formed that the same persons, or some of them, are noAV endeavor ing by like means to ruin me with you, and scruple not to opine that my temoval is decided on. I hope and trust that the case is not so. If they have, sir, found their Avay to you, I entreat you not to give implicit credit to their suggestions. For ten years of the twelve I have held the government, the con fidence, the approbation, and the good wishes of the neople con stantly attended me, nor Avould these have been lessened but for the insidious practices of those aspiring individuals. I dare to challenge the whole Avorld to produce an occasion in my administration in Avhich a single individual has met Avith opposition to an act to further tbe interest and Avelfare of the people. To the accomplishment of these objects I have giA'en up the best years of my life, at the expense of my health and fortune. It is certainly true that I have, all along, used my best endeavors to keep ^ MS. Worthington Papers. ^^74 The St. aair Papers. the people steady in their attachment to the General Government, . and, so long as this country remains in a colonial state, and the ad ministration is in my hands, so long will those endeavors be con tinued, by whomsoever that Government may be conducted. Placed at a happy distance from, and unconnected with any of the parties in the United States, I have devoutly wished the gen- ¦ eral happiness, and faithfully labored for those of this particular ¦ quarter, and endeavored to throw my mite into the general treasury, by forming the people to industry, to obedience to the laws, to mod eration in opinions, and to virtue in their lives and practice. The loss of my office would, I acknoAvledge, sir, be very inconvenient, for, though the duties of it have occupied constantly and exclusively more than twelve years, the expenses necessarily incident to it and the maintenance of my family, on a very narrow scale, have swal lowed up much, indeed, nearly all, of my private funds, without one single cent being saved from the salary. That is nothing. I may have been sacrificing to vanity, though I have not been sensible of it. But a removal can not take place without deeply affecting my reputation, and that, I own, would be most severely felt. I beg of you, sir, if it should seem to appear, from the representations that may have been made, that such a measure would be proper, to post pone it untU I can have it in my power to wait upon you in person, or that you will please to direct an inquiry into my conduct.^ Edward Tiffin to Thomas Worthington. Chillicothe, March 1, 1802; Dear Sir : — I take up my pen just to inform you that Governor St. Clair this day arrived here, and iraraediately started on to Wash ington. I expect you will receive this a few days before he wUl ar rive, and prepare yourself for him. I have no doubt but you wiU have received every document you wished for previous to this, to support the charges exhibited against him.^ .... Edward Tiffin to Thomas Worthington. Chillicothe, March 20th, 1802. Dear Sir: — By the last mail I received yours, with a copy of the ' See notes to preceding letter — Thomas Worthington to the President. ' MS, W,,rlhington Papers. Correspondence, Addresses, Etc. bib report of the committee on the North-western Territory business, inclosed by Mr. Fowler. I also, for the first time, received a letter from Mr. Fearing, inclosing a copy of the report. He Avishes me to Avrite him information how many of the inhabitants of Ross ha\'e been taken into any new county since the taking of the late census. I shall answer his letter, but wiU be very careful that he shall gather no information from me on that or any other subject, as I have no confldence in his representations, and I expect you are fully informed on that head. As far as I can discover, the principles contained in the report of the committee Avill be pleasing, and, in my opinion, very advan tageous to our new State. I am delighted with the idea of striking the line through the southerly extreme of Lake Michigan. My reasons for wishing the line in tbat direction will hy you be soon an ticipated. Major Ludlow was bere and called to see me the other day. He says Governor St. Clair will be elected to the convention from Ham ilton. I think he ought to have cut out a small county, including Cincinnati, before he could have counted on his election. However, I shall be bappy to meet him on equal ground in the convention. Ludlow also thinks he will be elected Governor iindef the new order of things, or, in other words, he thinks as some of the people of Cincinnati do, but not as the sovereign people do throughout the Territory. I am glad to hear you expect the Governor will be removed, and am sorry a proper successor can not be flxed upon. It will be no object for the acceptance of a stranger to the Territory, as the office will soon be vacated by a State government. I think sorae popular ¦citizen might easily be found who would be pleasing to the people ; if that should be a matter of difficulty, perhaps my idea of this subject might meet yours, Avhicb is, that the Governor might be removed or suspended, and let the Secretary discharge the duties, -agreeably to law, until the new government should be organized, as the duties will be but trifiing. Please send me a copy of the bill as soon as it passes the House ¦ of Representatives, with blanks filled up. We are aU much impressed with the obligations we are under to JOU for your persevering and unremitting attention to our concerns.' ' MS. Worthington Papers. 576 The St. Clair Papers. Israel Ludlow to Thomas Worthington. CiNcmNATi, March 27, 1802. Dear Sir : — ; . . From my present view of the business, I agree Avith you that the adoption of that law will be favorable to us. Although raany of our citizens of Hamilton and Washington [coun ties] are opposed to a State government, yet I believe it is a system which Ave raust adojit, and am happy to find that Congress are dis posed to grant us some aid by donation of land and salt springs. It would be desirable that all the salt springs should be on the same terras granted Avith that on Scioto, as nurabers will be found in the Territory at a future day, and one or two are already discovered and reserved near the Great Miarai, and are now tbe property of Congress, as they were not offered at public sale.' Remarks of Mr. Fearing and Mr. Griswold in the House op Repeesentatia'es on the Report op the Select Committee respecting the admission of the north-western terri TORY AS A State into the Union, March 31, 1802. Mr. Fearing said he should oppose this resolution, but not on the ground of expediency. As the business had been urged forward hastily he had not had an opportunity of consulting his constitu ents, to many of whora he had forAvarded the report of the select coraraittee. He Avould, therefore, waive any reraarks on the ex- pediencyof it until a bill was brought in, in the event of the reso lution being agreed to, expecting, in the raeantirae, to hear from his constituents. But he was opposed to the resolution on constitutional principles. He conceived Congress had nothing to do Avith the arrangements for calling a convention. It was not necessary on general principles or under the comj^act, that the Territory in order to be adraitted into the Union should form a constitution. By the compact. Con gress can give their assent to admit the Territory into the Union before the population amounts to sixty thousand. Their power ex tends no farther. The compact is the suprerae law of the land, and is in the nature of a treaty. What it prescribes must be executed, but, as to arrangements not raade in it, they may or may not be made, and they may be made either by law or by a constitution, as ^MS. Worthington Papers. Correspondence, Addresses, Etc. 577 the Territory may see fit. Can Congress exercise power given ex clusively to the people ? He conceived it Avould be as great an en croachment upon their rights to say they should meet together in convention and form a constitution, as it would be to say so to any State in the Union. Gentlemen may say that this poAver is given to Congress by the consent of the people. The printed documents accoiniianying the report, if they mean any thing, mean to express the opinion of the people. [Mr. F. here quoted parts of a letter. ] Noav, if this com mittee at Chillicothe speaks the voice of the Western Territory, the Congress have the right contended for; but this the citizens of other toAvns and counties will not admit. What exaraple will the adoption of this measure hold out to the people of the Ter ritory? If Congress violates the compact, avUI not the people of the Territory have an equal right to violate it? He hoped, for these reasons, that Congress would, on their part, preserve it in violate. Mr. Griswold, of Connecticut: "This is not the first project started this session that goes to a consolidation and destruction of all the States. That this avUI be the effect of the present raeas ure can not, I think, be denied. What is the condition of the peo ple of the Territory? They are not, it is true, as to every purpose of government, a State; but they have a complete legislature, as fully competent to legislate as the legislature of Maryland or any other legislature in the Union. They are fully competent to the making- of all laAvs to regulate the internal concerns of the govern ment. Noav, these resolutions go to interfere Avith these internal concerns, and to regulate them by law. When the gentleman from Kentucky undertakes to decide the terms ou Avhich the mem bers of the convention shall be chosen, I ask him, Avhere is the power? Are not the powers of the territorial legislature as full as those of the legislature of Maryland, and have we not as good a right to interfere with the State concerns of Maryland as to in terfere with the concerns of the Territory? I call, then, upon gen tlemen to say Avhether they are Avilling to sanction a principle that goes to the length of the consolidation of these States? We have the determination of the legislature of the Territory that it is not desirous of forming a constitution at this time. If, then, we go abreast of that determination of one legislature, why not of an other? If we go abreast of that of the North-western Territory, why not go abreast of that of Maryland ? If, too, you may legis- VOL. n — 37 578 The St. Clair Papers. late for these people before they are admitted into the Union, you may also legislate for them afterwards. If you do not like the con stitution they now form, you may pass a laAV for another constitu tion. " By a parity of reasoning you may force down a constitution on Connecticut, and say that as they have no written constitution you AvIU give them one. Acting under such a principle, there can be no stopping-place — you may go any length. If you interfere with the authority vested in others, you may go any length, and that con solidation of the States, which some gentlemen Avish to see effected, Avill be accoraplished. I ara, therefore, on constitutional grounds, opposed to these resolutions. I do not inquire into the expediency of the measure. Let the people judge of this. If they Avish a constitution, I have no objection ; but I Avould not impose upon them Avhat the corapact does not Avarrant, nor would I impose ar bitrary power upon them any more than upon any of the States. "The report says : 'Resolved, That proAdsion ought to be made by laAV for calling a convention within the eastern division of the Ter itory, composed of raerabers to be apportioned among the several counties therein, in a ratio of one representative for every in habitants of the said counties, according to the last enumeration of the inhabitants thereof,' etc. "I understand the project is to portion out the people into dis tricts to choose members of the convention, and I say that, as you have not the power, it is arbitrary aud unjust. " I have long been persuaded that when gentlemen are determined upon any particular measure, they can readily find pretexts for it. The constitution is brought to their aid, though the fact is, the Ter ritory existed before the constitution was formed. The people of the Territory never consented to it, nor are they bound by any part of it Avhich gives raore power to the federal legislature than is given by the corapact. Their rights under the corapact can not be taken aAvay by any provisions of the constitution to Avhich they Avere not a party. I shall, therefore, lay the constitution totally out of the question. " The gentleman frora Maryland and myself agree in one or two points. We agree that it is competent for Congress to admit the Territory into the Union before it has attained a population of sixty thousand. If this were the sole object of the resolutions, I would agree to them. "We agree in another point — that Congress has not the right to Correspondence, Addresses, Etc. 579 impose a convention upon these people Avithout their consent. The question, then, is, whether it is, or is not, the object of these resolu tions to impose a convention. Let us turn to the third resolution, which is calculated in express words for calling a convention by a laAV of the United States, and taking the population of the last cen sus as the basis of representation. If the principle be a sound one, that Ave have a right to impose a convention on the people of the Territory without their consent, hoAV are the opinions of the people on the calling of the convention to be obtained? Hoav is their con sent to elect delegates to be obtained ? The consent exjiressed on the face of the petition before you can not be said to be legal con sent. How else, then, can such ccmsent be obtained? I ansAver, in no other Avay than by an act of the territorial legislature, or by going round to every man in the Territory and obtaining his opinion. " If this be left undone until the election for members ofthe con- A''ention, the result Avill be a jiartial expression of the public mind ; for one man may vote, and another refuse to vote. Thus, you may- get a partial convention, composed of a fcAV demagogues. I say, therefore, that hoAvever defective the proAdsions of the compact, you must obtain the consent of the territorial legislature before you take the step of calling a convention. Believing the inevitable effect of these resolutions Avill be to impose a convention on the Territory, I am justified in saying they involve an usurpation of power by the United States — a power not helonging to them. If the resolutions amount to any thing, they amount to this. " If gentlemen will flrst obtain the consent of the Territory in a proper mode, though their population does not amount to sixty thousand, I will consent to their admission into the Union. I am disposed to let them act for themselves — to divide or not divide the Territory into States, as they please ; but I am against imposing any thing upon them contrary to their Avill. They are more deeply interested than we are in the estabUshment of a proper form of gov ernment. They, and not we, are to be bound by it. They, then, ought, in its establishment, to act for themselves, and not Ave for them. I contend that such a measure is extraordinary in this coun try. I knoAV that it has been practiced in other countries. I knoAV that in SAvitzerland, and in Holland, the people Avere told by the Re public of France they had bad constitutions Avhich required alter ation, and that the RepubUc, Avith sisterly kindness — without asking their consent — imposed conventions upon them, Avhich formed en tirely new systems of government; but I trust the same thing will not be done here. 580 The St. aair Papers. " I do not think it necessary to inquire into the expediency of this measure, as I have no objection to give my consent to the adraission of the Territory Into the Union, even Avithout a population of sixty thousand, if Avished for by the people ; though I have uo idea that the people avUI be benefited by it, as they avIU then Imve taxes to pay from which they are now exempt. But I do not consider this as a proper objection for us to raake, as it ought to rest with the people to say whether they are AvIlUng to pay those taxes. "I say, again, Ave have no right to impose a convention. I believe the principle upon which we take this step goes the full length I have stated, and may, if adopted in relation to the Territory, be applied to all the States. The poAvers of the Territory are, on this head, as complete as those of the States. If we interfere AvIth the first, we may interfere Avith the last."' iThe measure passed and created a great ferment. Congress had, at the suggestion of Colonel Worthington, who knew better than to permit either the legislature or the people to pass on the raeasure, taken care to direct the tirae of holding an election for delegates to the constitutional convention, had arranged the districts and proportioned the number of delegates to each, and had provided that the constitution so forraed should not be subraitted to the people for approval. To raake tho control ot the convention surely Eepubli can, the Michigan district was cutoff in violation of the express terras of the Ordinance, and made a part of the Indiana Territory. "I have conversed with several leading characters," wrote Solomon Sib ley from Detroit to Jacob Burnet, "most of whom disapprove of the law, and are desirous of becoming a part of the new State, if possible. I believe they are generally couA'inced that the law is unconstitutional, so far, at least, lis respects this county, it being a plain violation of the 5th article of com- , pact contained in tho Ordinance of 1787. By that article, Congress had re served to theraselves the privilege of drawing the east and west lines through the extrerae of Lake Michigan, upon a contingency of erecting the territory north of said line into one or more States, but no authority of passing us into another Territory. Should the western boundary line stand, regardless of the east and west lines alluded to, the whole of the county of Wayne would be in cluded in the new State; and, as thelaw now stands, the wholeof Eiver Eaisin settleraent will be included therein, which produces a division ofour county, and, I humblj- conceive, its eternal ruin. But the ruin of five thousand in habitants, when brought into competition Avith the interested ambition of a half a dozen aspiring individuals, whose intrigues have brought us into the present dilemma, can be of little consequence, according to the modern doc trine of politics. "We may thank our good friends Judges Symmes and Meigs, and Sir 'Ihomas, for what is done. They foresaw that the county of Wayne would be, probably, a dead weight against theni. Unfortunately, the citizens of this county are too little practiced in false politics to answer their purposes. I did expect that Congress would not readily have interfered in the petty Correspondence, Addresses, Etc. 581 Governor St. Clair to George Tod. Washington City, April 2{st, 1802. Sir : — Before this time you Avill have heard that a bill has passed the House of Representatives for admitting the Territory — should it be the Avish of the people — into the Union as an independent State. It has not yet passed the Senate, and the fate of it is rather political squabbles of the Territory. But seeing how lightly the majority of that once respectable body have treated important sulijects, I am not sur prised at what they have done with respect to us. "You state in your letter that you cau nut believe that the convention will accept the law as it now stands, with the clogs that hang to it. I differ with you in opinion on that head — nay, I ara persuaded that, were it ten tiraes more degrading to the people of the Territory than it is, it would be greedily snatched at by a raajority, Avhich, from the exclusion of the county of Wayne, they are sure of. But, sir, supposing the county of Wayne 1 should elect delegates, and send thera forward to the convention, what secu rity would they have of a bare protection'.' Would thej' not feel the morti flcation of personal insults? From the teraper of a majority ofthe citizens of that place (Chillicothe) last winter, which you rausl know as well as myself, I really believe that their persons would be in danger. At all events, I am not personally disposed to uiaUc the experiment. Yet, I Avill do every thing in my power to stir up the citizens of Wayne to claim their violated rights. I thought that a petition, in the nature of a raeraorial, accompanied hy an agent, would have every effect that could be answered by sending dele gates. If they should be determined strictly to adhere to one law, neither would answer any purpose; but, if they felt disposed to favor us, arrange ments would be raade for citing us." At a meeting held at Dayton, the action of Congress -vias, reprehended. " We consider the late law of Congress for the admission of this Territory into the Union, as far as it relates to the calling a convention and regulating the election of its members, as an act of legislative usurpation of power prop erly the province of the territorial legislature, bearing a striking similarity to the course of Great Britain imposing lavvs on the provinces. We view it as unconstitutional, as a bad precedent, and unjust and partial as to the rep resentation in the dift'erent counties. " We wish our legislature to be called iraraediately to pass a laAV to take the enumeration, to call a convention, and to regulate the election of mem bers to the same, and also the time and place for the meeting. " Under the existing laws, we are not enabled to elect members to the legislature and to the convention, as the elections for both are ordered on the sarae day, and, as to us, at places fifty railes apart." The resolution also expressed u. wish that the convention, when met, should aslc of Congress an alteration of the Ordinance relating to the divis ion of the Territory so as to include the country to the foot of the rapids of the Ohio in one State, subject to becorae two States as soon as a raajority of the citizens inhabiting the same might deena it expedient. 582 The St. Clair Papers. doubtful there. I do not know how the people in your county raay feel with respect to it, but frora Washington there has been a pretty strong representation against it, but it did not corae in time for the House of Representatives, through which it Avas hurried in an ex traordinary manner. I Avish you Avould do me the favor to write me to Cincinnati, and give me some light upon it. But I have, sir, to request you to do rae another favor. I think it is probable that you raay have heard that complaints have been made against me to the President. You will probably recollect, sir, the evening I spent in your room, Avhen I had received, from Mr. Granger, the Presi dent's message. It has been stated that I treated the raessage in a contemptuous raanner, spoke disrespectfully of the President him self, ridiculed his observations respecting the railitia, as Avell as our OAVU systera, declared hostility against all republican governraent, and tbat a monarchy was the only government that could be en dured — and the United States must become a raonarchy, cum multis • aliis. To these I have replied that I had received from Mr. Granger the raessage of the President to both Houses, and that I would can didly state, as Well as I could recollect it, a conversation that passed that evening in your room. I Avas asked what I thought of the message. My answer was that I thought it a good one ; there were many excellent things in it ; but, abolishing the internal taxes — though I should certainly be very glad if we could do without thera — was an experiment I did not wish to see raade, because I feared the public credit would be affected by it, and, should public credit be destroyed, a new revolution would probably follow, and where that raight land us no raan could possibly tell — not improbably, like all republics that had gone before us, after tearing one another to pieces, and drenching our country in brothers' blood, we would settle quietly down into a raonarchy. That a gentleman here whispered to me (and I have stated that gentleman to have been you) to be cautious Avhat I said, that in the next room there were a nuraber of people asserabled to overhear what was said in this room. My re ply was, " If that is the case, I will give thera soraething to repeat. I shall hear of it again, and thereby be able to trace the rascals." Soon after this, Colonel Langhara came into the room, and the militia came upon the carpet. I have acknowledged that I did not treat our militia system very respectfully, and that I held it as all time thrown away that Avas spent in endeavoring to teach them the maneuvers and evolutions of regular troops ; that every thing be yond seeing that they were perfectly' arraed, knew their officers and a little accustomed to obey'them, was stuff, perhaps d d stuff. Correspondence, Addresses, Etc. 583 whicb is the expression it is said I made use of. I obserA'ed further, that the President seemed perfectly to know, and had pointed out the proper use of militia on great occasions, to make some head against an enemy until a better and more effective force could be raised and collected. From hence was deduced my contempt of the militia, and a wish for a standing army. I have stated further, that, in the course of the evening, after being inforraed of the listen ers, I did say a great many things that were neither meant nor recollected, and intended only for them ; but positively denied that one disrespectful word of the President passed my lips. Now, sir, Avhat I would request of you is to endeavor to recollect what you can of this night's conversation, to commit it to writing, and send it to the Secretary of State, Avhom I have informed I would ask this favor of you, and that you should address it to him, as I will not be here. Your relation of the matter, I am sure, will be a candid one, and of the truth I am not afraid.' Paul Fearing to Governor St. Clair. Washington, May 1, 1802. Sir : — ^The act passed Congress yesterday authorizing us to form a constitution. The Senate, on the third reading, reinstated the parts they had stricken out, and our House agreed to the few amend ments proposed by them. The Convention are to meet at Chilli cothe the flrst Monday of November next. They are authorized (at any rate the act says that in the flrst place) to say whether they wiU go into a State government; and, if they determine so to do, they then can either form a constitution or, by ordinance, organize a ncAV convention. They have reduced the exemption from tax to five years, and money to be laid out on roads to one-tAventieth. I Avisb you were Avithin the Territory, and would conA^ene the legislature before the election for delegates to the convention. We Avant some general system formed, so that we may act together. There might possibly be time Avben you go in June, but I fear you will not be our Governor at that time. The more I examine the law, the more I disUke it. For my part, I should be glad to see a convention formed by our territorial legislature, with delegates frora all the iSee Judge Tod's letter to iir. Madison. While he Avas a strict Eepubli can, he had no syrapathy with the unfair political warfare being Avaged against the Federalist St. Clair, and his letter was a handsome vindication of the Governor. 584 The St. Clair Papers. eastern division, and go into a State under the Ordinance ; or, do as other portions of new-settled country have done, assume a govern ment and offer our relation to the United States, for I hardly think the corapact in the Ordinance noAV binding on us Avhile it has been violated by the other party. Mr. Cutler is stUl here, aud is much engaged in devising some plan to frustrate his friend Worthington. I expect Congress avIU rise on Monday next. I should be glad to hear from you. You can Avrite to Washington ; it Avill be forwarded to me. George Tod' to James Madison. Trumbull County, North-west Territory, May 29, 1802. Sir : — I ara requested by Governor St. Clair to transmit to you whatever is Avithin my recollection of an evening's conversation at Chillicothe, Avhile the legislature of this Territory was in session, in Avhich he was the principal supporter. In compliance, sir, with his request, I avIU endeavor, as far as is within ray recollection, to give you an accurate relation. The evening of the day on which the Governor received the President's raessage, he spent Avith General Paine, a member of the legislature from this county, and myself The first subject con versed upon Avas the President's message. Of this generally he spoke in terras of approbation. Some things he did not like, par ticularly the idea of abolishing internal taxation. His reasons were that it Avould be trying too great an experiment. Pie then made this reraark, and repeated it, " that he liked experimental govern ments, but did not like experiments in governraent. The conse quences of experiraents Avere doubtful and much to be apprehended." I have no recollection that the Governor spoke a Avord in support ^George Tod was -a, native of Suffield, Connecticut, where he was born December 11, 1773. He graduated at Tale College in 1795; studied law and settled in Ohio in 1800. He was a Eepublican in politics, but was moderate in his views, .and an honorable, fair-rainded raan. Hence the tone of his letter in defense of Governor St. Clair will not surprise the reader. After Avards, in his own erainent career, Mr. Tod had reason to lament the vio lence of partyism, as an atterapt was made when he Avas presiding judge to to irapeach him. His public services were a single term in the State Senate, 1804-5; judge of the supreme court, 1806-9; lieutenant-colonel in the war of 1812; presiding judge of thc Third Judicial District, 1815-34. He died in Warren county, April 11,1841. Correspondence, Addresses, Etc. 585 of monarchy, or a syllable against the Government of the United States. He did, however, express himself as an admirer of our con stitution and the principles of republicanism, as understood and practiced by the late administration. He said he had expended as much time and treasure in tbe establishment of our Government as most men. I did not hear bim speak one disrespectful word of the President, nor did he treat tbe message Avith contempt in the smallest degree. Much he said about our mUitia and against it a's being ineffectual, but no expression feU from him Uke wishing for a stand ing army. Considering the situation the Governor was in, being surrounded by his enemies, Ustening to catch every Avord AvhIch dropped from his mouth, much of bis conversation may be deemed imprudent. Knowing the vigilance of his enemies, I did Avhisper a word of caution to him, but it increased the spirit in AvhIch he sup ported the conversation. It is impossible, sir, for me to relate the wj-iole conversation Avhich passed; much of it has escaped my recol lection ; as it Avas indifferent, I did not treasure it up. Those Avho plant themselves with a vIcav to catch Avhat was spoken in a heedless moment, might remeraber many things which eA'cn most enemies would have forgotten, or kept to themselves. Had I thought any thing be said could form a substantial olij ection to his being continued longer in the office he holds, the impression upon my mind would have been deeper.' 'The above letter was in answer to a very extraordinary document that had been sent to the President in December, 1801, the existence of Avhich only came to Governor St. Clair's knowledge iu the spring soon after his arrival in Washington. That document, which marks the first step in a new attempt of the Eepublican leaders to get rid of the Governor, reads as follows : CEBTiriCATE AS TO AN ALLEGED PkIVATE CONVERSATION OF GoVBKNOR St. Clair. December 26, 1801. We, whose names are underwritten, do certify that, being in the house of Joseph Tiffin, in the town of Chillicothe, on the 19tli day of December, did, at the time and place aforesaid, hear Arthur St. Clair, Esq., Governor ofthe North-western Territory, say aud repeat many words and sentences in con tempt and reproach of the Government of the United States; particularly that the said Government would finally settle down into an aristocracy, and Irom thence into a monarchy; adding, the only government that can be supported by God, and, further, raaking several ludicrous and sarcastic ob servations on the militia and the President's coraraunication to the House of Eepresentatives of the United States, araong which Avero the following, viz: That the militia was all damned nonsense, and that the objects recom- 586 The St. Clair Papers. Return J. Meigs, Jr. , to Colonel Worthington. Marietta, May 18, 1802. While I Avas at Cincinnati, uidou the arrival of the report of the comraittee on the admission of the Territory as a State, etc. , Gen eral Putnara drew up a kind of remonstrance, procured a number of signers, addressed to Mr. F g, in Avhich the report Avas severely reprobated, and stated to contain propositions tantamount to bribing us into a State government. What use Mr. F. made of this I know not. Thank heaven, we shall go into a State government before long. I hope that you and your political friends Avill endeavor that Ham ilton, Jefferson, Clermont, Belmont and Trumbull shall send repub licans to the convention. It is a matter of importance, as the political complexion of the convention Avill (probably) give the coloring to our first State organization. Washington county will give you stiff Federalists in convention, although I expect a change in a year or two more. If it should happen, it Avill be gradual. Federalism has raged here this spring Avith intolerant fury. It can not be tolerated by sorae that you should have had more influence with Congress than Mr. Fearing. Will Governor St. Clair be dismissed? If so, who AviU be his successor ? I shall probably have the satisfaction of seeing you at ChiUicothe at July- circuit. Accept my esteem and consideration. P. S. — Colonel Meigs has arrived, and returned to Tennessee with his family. He regretted that he could not see you, and left Avith me to express to you his particular regards.' Governor St. Clair to Samuel Huntington.^ Pittsburgh, July 15th, 1802. Sir : — After an absence of considerable duration, I am now on mended in the President's speech were intended as experiraents — a thing not to be admitted in governraent. Attest; Francis Dunlavy, J. Darlington. Jacob White. ^ MS, Worthington Papers. ^Samuel Huntington, son of Eev. Joseph Huntington, of Coventry, Con necticut, Avas born October 4, 1765. He was educated for the bar, removed Correspondence, Addresses, Etc. 587 my return to the Territory; but, during that absence I have not learned how the act of Congress alloAving the people to form a Con stitution and the Territory to be admitted into the Union is relished, nor what steps may have been thought most proper to be taken. I do earnestly Avish that you, sir, may be sent to the convention, for, if the proposal is closed Avith, all the talents that can be collected will be of the first necessity for the business of the Constitution, and it is certain that a great many of those who will be mera bers AvUl be very ill quaUfied to discharge that trust with intelli gence. I propose to visit Jefferson and Washington counties on my way doAvn, and would have been happy to have done the same to Trumbull, but at this time it is altogether out of my poAver. My vicAV of the country's becoming a State at this time is not a pleas ing one. The committee in charge will probably induce the people to accept the offer without much consideration, AvhUe I think it Avill be attended with a burden they are not able to bear. The exemp tion of the lands of the United States to be sold for taxation fbr five years will for that time throw the whole expense upon a A'ery few, and to that will be added the mortification, to many whose lands will be subject to that taxation, of seeing their next neighbors perhaps living free from it. I will thank you, sir, to write to me at Cincinnati, and inform me hoAV the thing works in your county, and what measures, if any, have been concluded on. I know that a great part of Hamilton, all Washington, and, from the informa tion I have, a great majority of Jefferson, are against accepting the offer. Should your people be of the same way of thinking, there should be some uniformity in the measures pursued, and some con cert, which it may perhaps be in my poAver to bring about. Speech of Governor St. Clair at Cincinnatl [Extract.] Fellow Citizens : — ^We will soon be called upon to perforra a very important duty ; the most important that will devolve upon us in to the North-western Territory in 1800, and settled in the Connecticut Ee serve, near PainesvUle. He followed St. Clair's suggestion, and was chosen to represent TrurabuU county in the Constitutional convention. He was elected to the Senate under the State Constitution, which he helped to form, and was chosen Speaker. He Avas made a member of the Supreme Court, and afterwards elected Chief Justice. He was Governor of Ohio from 1802 to 1810. 588 The St. Clair Papers. this world : that of forming a Constitution and forra of govern ment on which the happiness and prosperity of ourselves and our posterity, and our character as a coraraonwealth amongst other States in the Union must depend. It, therefore, becomes us all to think very seriously, and consider with great attention Avhom we will send to the convention. No doubt, it has occupied all our minds more or less, and sorae of us have been formed into societies profess edly for the purpose. But there has been something in the con struction of those societies that does not look well. The business concerns us all alike, but they have been governed by rules that exclude great numbers, of Avhose assistance and counsel they de-. prive themselves; that is, that all that are adraitted as raerabers are bound by a solemn obligation not to make knoAvn any of their proceedings to any one that is not a member. Noav, this is certainly not right, for, the raatters they are upon involving the interests of every one, they haA'o taken it upon themselves that no one has a right to consult Avith thera and to give the sentiraents they think proper. In coraraon affairs Avhat would any of you think if a feAV raen should forra themselves into a society to regulate the manner in which you should manage your farms ? It is possible that they raight knoAV best how it should be done, but what Avould you think of them if they should tell you that you must join them, and promise to keep every thing agreed upon secret from all those who would not join them, though they must be bound by their do ings, and that you raust be bound by thera too. Noav, this is ex actly Avhat has been done by the societies. No body knows Avhat they are doing but the members, and they are pledged to supjjort their own doings at all events. They tell you, indeed, that their design is to keep people that are not Republicans out of the conven tion ; but it looks more like a formed design to get themselves in whether they be capable or not. Republicans ! What is a repub lican ? Is there a single man in all the country that -is not a republican, both in principle and practice, except, perhaps, a few people who wish to introduce negro slavery amongst us, and those chirfly residing in the county of Ross? Let them say what they avIU about republicanism, a man who is Avilling to entail slavery upon any part of God's crea tion is no friend to the rational happiness of any, and had he the poAver Avould as readUy enslave his neighbors as the poor black that has been torn from his country and friends. It raay not be araiss, my friends, to take a short vIcav of the rise of these societies. They began in the town of Cincinnati ; and were set on foot by a Mr. Kerr, a man that nobody knoAvs any thing Correspondence, Addresses, Etc. 589 about, Avho has lived but a very short time amongst us, who is not so much as a citizen of the United States, and was smuggled to the bar in a Avay that, if I were not afraid of offending their honors, the judges, I Avould say, Avas contrary to laAv. Was this a raan to say who were republicans and who were not? But it was very good of him to come all the Avay from the East Indies to instruct us. The persons in Cincinnati who joined iu with him are honest, Avell-mean- ing men, but they have been impo.sed upon aud misled by him ; for, surely, it is a very unfriendly action to raise odious distinctions among the citizens and set them at A'arinnce AvIth one another. It might have been, and I dare say was very pleasant to him to observe the success he met Avith, and if he had been questioned about it might have replied with the fool in the Scripture, wheu he had been scatter ing arro AVS and death, ' ' Am I not in sport ?" But it is no sport to us. It is an evil of a very serious nature. But this same Mr. Kerr may have had, and probably had another design. You all know very well, that the interests of the people about Chillicothe, and those of Ham ilton couuty are not the same in all respects, and in some cases they are opposed to each other. Noav, it is likely, as some of our leaders are very politic, that this same Mr. Kerr was engaged by them for the very purpose of soAving dissensions amongst us. What Avas it to him ? He has nothing to lose by it, but might have soraething to gain, and if he did not succeed it aa as but going to another country. But this leads me to say something about the qualiflcations that are necessary for a member of the convention. The forming a Con stitution fitted to the habits, the manners, and the genius of the people, is the most important as Avell as the most difficult task that men can be employed in, aud requires strong minds, improved by a thorough acquaintance Avith the faults as Avell as the excellencies of all the Constitutions that exist, not only in the United States, but in the whole world. A mistake in the first formation draws after it consequences that can not be calculated, and which may grind our faces and deprave our manners to the latest generations. It is not, therefore, enough that a raan should be honest and a Republican, but he should be Avell informed, and know in Avhat rational liberty, which alone is true republicanism, consists ; for, be assured, it is not an unbounded license to do Avhat every one sees good in his OAvn eyes. It requires direct study and deep reflection, Avith a facility of speaking readily and convincingly. Reflect what the conduct of the United States, and of all the States in the Union Avas when they were about making their Constitutions. The wisest, the ablest, and the best informed men that could be found were selected with the 590 lhe St. Clair Papers. greatest care. It was not with thera the only question, are they honest ? are they republicans ? for they were satisfied that if they trusted it to Avise men they AA'ere safe, because what they had to do Avas for themselves and their children as Avell as for those who ap pointed them. But Avith us, of Hamilton county, avc haA'e another question to ask, and it is an important one. Have any of those who offer to serve us, favored the vicAvs of the Chillicothe people? A very great number of us were shamefully duped by them not long ago, Avhen they persuaded us to sign petitions against altering the bounds of the States, and told us it was unconstitutional, and would prcA'ent us from becoming an independent State, and I don't know what. As if it could be against the Constitution to prefer a form of government, established by that instrument to one bringing with it different conditions and responsibilities ; or to so change the boundaries as to bring the people into communities more homoge neous, and facilitate the administration of government. The credit for the discovery belongs exclusively to the gentlemen Avho are actuated by the unselfish motive of erecting a State Avhose capital shall be Chillicothe, and who aspire to fill the offices Avhich Avould thereby be created. Does this high and patriotic purpose inspire confidence in their professions of devotion to the Ordinance ? Does it not suggest that it is time for the people to be on their guard a.gainst false friends as Avell as those in our own raidst, whose politi cal principles, forraed in secret charabers, will not bear honest in vestigation in the broad light of day ? Nathaniel Macon ' to Thomas Worthington. Buck Spring, Sept. 1st, 1802. . It seeras strange, indeed, that any in your country should prefer a despotisra (for so I reckon territorial governraent) to one made by themselves for themselves ; and if the opposition to the 'Nathaniel Macon, a prominent statesraen of North Carolina; at this time a member of Congress from that State, and Speaker of the House of Eepresentatives. He was an intimate friend of Jefferson, who twice offered him the position of Postmaster-General, which he refused. He subsequently served two terms as United States Senator. He was so radical in his states rights views that he opposed the adoption of the Federal Constitution, and tliere is no evidence that he changed when hc was older. In the above letter he shows that he held extreme opinions on popular government. -Air. Miicon Avas educated at Princeton. He died in Warren countj', June 29, 1837, in his eightieth year. Correspondence, Addresses, Etc. 591 State government should succeed, it will convince many that you abound with men Avho love places better than they should . Appointments should be made by the legislature rather than by the Executive, because it destroys patronage aud prevents sycophants from obtaining office by dint of courtship. The representation ought to be according to numbers, and a married man ought to vote, Avhether a freeholder or not. The militia soldiers ought to elect their officers to captains ; the company officers the field officers, and the field officers the general officers. This would leave only the field officers to the legislature, and by dividing the appointraents among several bodies, it, in a great measure, destroys all attempts at bargain. I would prefer to have the Governor elected by the legislature, and all officers elected for a liraited time. Every cent of public money spent should be accounted for, and attached to the laws of each session. These hints Avill show what alterations I Avould like in our Constitution, if it is altered.' Nathaniel Massie to Thomas Worthington. Lexington, October 1st, 1802. . As the time draws near for the election, I make no doubt that a number of the candidates are extreraely busy. Indeed, from what Major McArthur informs me, you are already glutted Avitli hand-bills and loug tavern harangues. The Major also informs me that Langham's pamphlet has at last made its appearance, and he thought it not quite so deadly as he had reason to expect, from its being a great Avhile talked about. I suppose it must be the same that I saw in manuscript at his bouse, perhaps Avith a little addition. I believe we have great reason to apprehend that if a certain party succeed in their election, frora HamUton county, Ave shall again be pestered Avith the subject of dividing the present contemplated State, at least making it a condition in the Constitution, when formed. The parties in that county are exerting themselves to the utraost, aud I apprehend the dividing party are gaining ground. They cal culate very much upon the upper counties joining them in this. I am in hopes they avIU be disappointed. I can not, I am afraid, be over in time for the election, the situa tion of my wife being such that I can not leave her at present ; but if possible, I wiU endeavor to reach that, country a little before the 1 M,S. Worlhington Papers 592 The St. aair Papers. time. Should I not be able to get over, let rae hear frora you on the subject of the election.' Remarks op Governor St. Clair Before the Constitutional cona'ention.^ Mr. Preddent^ and Gentlemen of the Convention: — You are now an organized body, and I ara hapipy that you are so, in whatever raan ner it may have been effected.' As the act of Congress had not pre scribed the mode, I came to clear that difficulty ; you got over it without my assistance, and I am perfectly satisfied ; but, before you proceed to business, I request to be heard a few AVords. When I look around upon this assembly and coijsider the purpose for which it is convened, and carry back ray thoughts for fourteen years, Avhen the affairs of this country Avere coraraitted to rae; when your numbers were only about thirty raen ; a Avilderness before them to subdue, and surrounded by numerous tribes of savages, who, though at peace, were far frora possessing friendly dispositions, and soon afterwards at open Avar — I am filled Avith astonishraent and profound gratitude to the Almighty Ruler of the universe, Avho led them through all the difficulties they had to encounter, and has made of that sraall handful a great people, and brought thera to that point from Avhich they are to take their station on the theater of America as a nation. To you, gentleraen, as their representa tives, it belongs, if you think proper to take it upon yourselves, to form for thera that Constitution Avhich, while it secures their po litical liberty, is to be the foundation of their Avelfare and respecta bility. The task is arduous as it is important, and it can not be doubted that you will bring to it patient and candid investigation. true patriotism, and mutual good-Avill and condescension. To the present raoment, gentlemen, I have looked forward with pleasant hopes, though not Avithout a mixture of fear and anxiety, and my endeavors have not been Avanting to lay a foundation for ' MS. Worthington Papers. '"'The Constitutional Convention assembled at Chillicothe on the first day of November, 1802. All the orig'inal opponents of the alteration of boun daries, except two, were present as mehibers, while of those who had ad vocated that measure in the legislature, but two or three had been successful at the polls. A decided majority of the members belonged to the party in favor of the national administration. On the third day of the session. Governor St. Clair, by permission," addressed the CouA'ention." — Chase, p. 31. ^ Edward Tiffin was President. The political revolution was complete. Correspondence, Addresses, Etc. 593 tbe great work before you, in morals and in regard to the institu tions of religion, for it is an eternal truth that without morality there can be no religion, and Avithout religion there can be no hap piness. My feelings, gentlemen, you can appreciate, for most of you are fathers. They have been those of a father Avho saAv the day draw ing nigh whicb was to send a son, over Avhose education he had long watched Avith all the varied emotions of parental affection, into a Avorld where dangers aAvaited him at every step, and Avhere the first would probably be decisive of his future fortune. These cares and anxieties for your constituents, gentlemen, have occupied a con siderable portion of my life, and have cost me raany a toilsome day and sleepless night ; but the pleasure I have in reflecting that they were not entirely throAvn aAvay is \'ery great. It pleased God to favor my endeavors, and make me frequently the instruraent of good to them, and of averting the evils that hung over them. It is, gentlemen, too much the fashion of the times to complain of op pression when none is felt. The frame of your present goA'ernment, it is true, is not so popular as that of the greater part of the United States, or as you may have wished, but it is as much so as it is consistent with the colonial state, and I can with honest pride as sert, and for the truth of the assertion I ajipeal to the Avhole peo ple, that it has been administered with gentleness, and with one sin gle vicAv, the good of the Avhole. So far as it depended upon me, the laAVS have been executed faithfully and without rigor, and by gentle means the spirit of obedience to them, and a love of order, without Avhich civil society can not exist, has been endeavored to be introduced. It Avas my duty to procure the good of the whole people, and it has been my only ambition to fulfill that duty. Er rors, no doubt, I have fallen into. They Avere errors of the head, not of the heart. They wUl be judged Avith candor, and viewed, I trust, with some indulgence. I could indeed have Avished, gentle men, that our political bark had been launched in gentler Aveather, and under better auspices, for I see a storm approaching in Avhich, if she be not overset, she may at least suffer damage. Party rage is stalking Avitb destructive strides over the Avhole continent. That baneful spirit destroyed aU the ancient republics, and the United States seem to be running the same career that ruined them with a degree of rapidity truly alarming to every reflecting mind. But she is on the waves, and can not now be stopped. May that gracious Being, in whose hands are the issues of aU things, shed the kindest VOL. n — 38 594 The St. Clair Papers. influence upon ber, and, while she will add to tbe number of con federated States, be the means of bringing the whole back to the genuine love of their country and of each other, and may He in spire each of you, gentlemen, with the spirit of your station, and pour out upon you that wisdom Avhich is necessary to the conducting of the business intrusted to you to a happy end. It Avould be the height of impropriety in me to atterapt to direct you in your deliberations, but I may be allowed to offer you sorae advice. The act of Congress under Avhich you are convened has de termined the object on Avhich they are flrst to be employed, to wit, whether it be or be not expedient, at this tirae, to form a constitu tion and frame of government. That being determined in the af firmative, AvhIch I presurae it will be, you are at liberty to proceed and raake that constitution, or to pass an ordinance for the election of representatives for that purpose. ' But you are further at liberty, gentlemen, to conflne the constitution to be made to Avhat is called the eastern division of the Territory, or to extend it to the whole Territory. That the people of the Territory should form a conven tion and a constitution needed no act of Congress. To pretend to authorize it Avas, on their part, an interference with the internal af fairs of the country, Avhich they had neither the power nor the right to make. The act is not binding on the people, and is in truth a nullity, and, could it be brought before that tribunal Avhere acts of Congress can be tried, Avould be declared a nullity. To all acts of Congress that respects the United States (they can make no other) in their -corporative capacity, and Avhich are extended by express AVords to the Territory, we are bound to yield obedience. For all internal affairs we have a complete legislature of our OAvn, and in them are no more bound by an act of Congress than we would be bound by an edict of the first consul of France. Had such an attempt been made upon any of the United States in their separate capacity, the act Avould have been spurned from them with indignation. We, I trust, also know our rights, and Avill support them, and, being assembled, gentlemen, as a convention, no raatter by what means it Avas brought about, you may do Avhatever appears to you to be for the best for your constituents as freely as if Congress had never interfered in the matter, and it may be a strong raotive to you for so acting, that, by this very act, above five thousand peo ple are divested of the rights they were in possession of without a hearing — bartered aAvay like sheep in a market — transferred to an other government, and thrown back into a stage of it which has been loaded with eA'ery epithet of opprobrium which the English Correspondence, Addresses, Etc. 595 language affords. But that act holds out certain provisions, which Avere, no doubt, expected to operate upon you, and, by sorae, have been thought to be advantageous. The first is, that the section No. 16 in every toAvnship shall be granted to the inhabitants of such toAvnship for the use of schools. It is to be observed that the section No. 16 in every township is already given for the use of schools in as complete a manner as they could uoav be granted by the Congress. All that is Avanting is an act to authorize the President to make patents, and that Avould be Avanting were they now to be given by acts of Congress. The grant of these sections Avas a part of the terms on which the country was settled, and they can not be re sumed, because the contract has been comj)lied AvIth on our part; and if the Congress has either granted, sold, or otherAvise disposed of any of them, the act is void. The second proposition is, that the salt springs, with the sections which include them, near to the Scioto and Muskingum Rivers, shall be granted to the State for the use of the peojple, provided the legislature shall never sell or lease the same for a longer term than ten years. It is a happy thing for us that Providence has been pleased to place an article so necessary to the life of man as salt in the bosom of our country. These springs have been AVorked for a great many years, and, though noth ing has been paid for the privilege of working them, salt has ahvays been extremely dear ; now, unless the persons to Avhora they may have been leased pay for their lease, no revenue can be derlA'ed from these salt springs, and if they do pay for them, the amount paid, and probably much more, Avill be laid upon the salt, so that instead of a benefit, this gift would prove an injury, and an injury that would fall unequally. The Avhole people to Avhom the rent Avould accrue, would reap a very smaU advantage at the expense of those Avho, from their local situation, must depend on those springs for their salt. The third is, that the twentieth part of the net proceeds of the lands Avithin the State, sold or to be sold after the SOth of June last, shall be applied to the laying out and making roads from the navi gable Avaters emptying into the Atlantic to the Ohio to the State and through it. This proposition is a mere illusion ; it holds out the prospect of an advantage that never will be reaUzed. The ap plication of the money is to be made by Congress, in Avhich Ave shall have very little weight, at any rate ; and it is coupled Avith conditions tbat would defeat it, Avhile they insult us. The first con dition is, that until another census, that is for nearly nine years to 596 The St. Clair Papers. come, we shall submit to have only one member in the House of Rejiresen tatiA'es of the United States. The next is, that every and each tract of land sold, as' aforesaid (the tAventieth part of the price of Avhich is to be laid out on roads), shall be exempt from every species of taxation by authority of the State, whether for State, county, township, or any other purpose whatever. The State shall derive no aid as to revenue from those lands, Avhile they may be taxed by Congress for the express purpose of raising a revenue. But those lands are solemnly pledged for the rederaption of the pub lic debt, a proportion of AvhIch Ave must pay. The money then pre tended to be given by Congress for roads, if Congress had the right to apply it, Avhich they have not, raust corae frora ourselves ; but where are we to find it ? The reservations amount to a great part of the soil, and are not subject to taxation. The lands sold after the SOth of June last, if you close Avith this proposition, avUI not be subject to taxation for five years, and what is there besides, except a very small movable property in a country without trade, from whence our revenue is to be derived, and that movable property taxed already as high as it can possibly bear for county and town ship purposes. It is evident that the AA'hole expense of the govern ment must be laid upon the lands appropriated before the SOth of June last, for experience has taught^ us that we have no other re source but a land tax ; but such a land tax Avould fall so unequally, it Avould never be borne. But, gentlemen, why are conditions imposed upon us before we can obtain a right Avhich is ours by nature and by corapact ? Were conditions iraposed upon Vermont, or upon Tennessee, before they could be admitted into the Union ? There Avas none attempted. Why, then, this odious distinction in our case? It is past a doubt that the Territory contains the number of people which, by the compact with the United States, or the terms of settlement, is neces sary to entitle it to become a State, and a member of the Union on an equal footing Avith the original States ; and the gentlemen in Congress Avho brought forward these propositions admitted that, if there Avere not the number at that time, there certainly Avould be before another session of Congress, and that then was the only time to saddle us Avith conditions ; or, as they termed it, to make a good bargain with us, for, if once we had the necessary number, it Avould be no longer in their poAver. Form, then, gentlemen, or direct a UCAV election for the i^urpose, a Constitution for the Avhole Territory ; assert your right to a full representation in the councils of the na tion ; direct the legislature forthwith to cause a census to be taken ; Correspondence, Addresses, Etc. 597 it Avill not require much time if set about in earnest. Let your representatives go forward Avith that in their hands, and demand the admission of tbe Territory as a State. It avIU not, it can not be refused. But, suppose it should be refused, it Avould not affect your government, or any thing you have done to organize it. That Avould go on equally Avell, or perhaps better. It was, I think, eight years after the people of Vermont had formed their government, and ex ercised all the poAvers of an independent State, before it was ad mitted into the Union. The government was not retarded a single moment on that account. It Avould be incomparably better that we .should be deprived of a share in the national councils for a session or two, or even for years, than that Ave should be degraded to an unequal share in them for nine years ; but it will not happen. We bave the means in our own hands to bring Congress to reason, if Ave should be forced to use them. If Ave submit to the degradation, we should be trodden upon, and, Avhat is Averse, we should deserve to be trodden upon. I Avill leave these reflections upon your table, gentlemen, to be made what use of you raay think proper. Address op Gq-vernor St. Clair to the People of the North-western Territory. Cincinnati, December 8th. Fellow-c'dizens : — Having been requested by many gentlemen, in ¦different parts of the country, to become a candidate for the office of Governor of the State of Ohio, an appointment that is soon to be made by that part of you Avho reside to the eastward of the Great Miami, aud offered their support, I take this method of presenting to them by best thanks for their kind invitation and intentions, and of informing them, and the people in general, that I entirely de cline it. The care of tbis colony of the United States Avas committed to me from its first institiition, and it Avas my arabition, and has been my chief study, to render it flourishing, and to bring it to that point when it might, according to the terras upon Avhich it Avas founded, cease to be a colony and becorae an independent State. In these my ambition has been fully gratified, and my labors crowned Avith success. The management of that delicate period, from perfect in fancy to the mature age at which you have arrived, most of you are acquainted Avitb. It Avas a period that necessarily required your Governor should be vested with a considerable portion of power, 598 The St. Clair Papers. and that power was applied to your benefit only. You have beeni protected from dangers from abrOad, and made happy at home. To oppression you were perfect strangers ; your liberties and your prop erty were guarded by wholesome laws, executed with exactness and at the same time with mildness. But, while I have been thus, for fourteen years, unremittingly endeaA'oring to extend and secure ta you these benefits, my private affairs have been entirely neglected, and are run into great confusion. They uoav demand my attention, and will require it for some tirae. You Avill be at no loss for a Gov ernor. Many, I ara told, are anxious for the office. The lot, I hope and pray, may fall upon some person who, with better talents than haA'e fallen to my share, may possess an equal inclination to render you happy — a greater inclination that way no raan can possess. With but two exceptions, I leave all the ministerial offices filled with men of capacity and probity. It would, indeed, be grat ifying to rae to see thera continued under the ncAV order of things, and it Avould be advantageous to yourselves, because they have acquired knowledge and experience, Avhich ucav men will want. The exceptions are the clerk's office of the suprerae court and the clerk's office of the court of coramon pleas and of the quarter-sessions of the county of Ross, which are in the hands of the same man. I can never believe that persons who return inju ries for favors, strongly solicited by themselves, can be raen of probity ; and from the persons who held those offices I have re ceiA'ed raany injuries, and been treated with the blackest ingrati tude. It is true that it Avas always in my power to have punished thera by depriving them of their offices, but I Avas willing to try if evil could not be overcome by good ; and, besides, it was a maxim laid down very early in my adrainistration of the governraent never to displace any man on Avhom I had conferred an office for any other cause than misbehavior in that office. The Governor disdained to revenge the injuries offered to the raan. Having so far explained this part of my conduct, which has been blamed by many as un pardonable Aveakness, I Avill take my leave, assuring you that my best wishes avUI ever attend you, hoping that you may never have cause to look back with regret to the time when I was at the head cf the political family, and that whoever may be at the head of the new family, he may as sincerely and more successfully direct his ¦efforts to your true interests than has done Your affectionate friend, etc. Correspondence, Addresses, Etc. 599^ Nathaniel Massie to Thomas Worthington. Falls op Paint Creek, December 8, 1802. I bave little or nothing to say on the subject of our propositions ; but, at all events, endeavor to secure to the State the Salt Licks. I could wish that you Avould endeavor to knoAv the situation of the port of Orleans. I make no doubt but the Execu tive, before this, has had full information on the subject. I am told the inhabitants of Kentucky are very uneasy, and that the legis lature of Kentucky is about to, or before this time has, draAvn up a memorial to the Executive of the General Government. As it will affect our country in the same manner, if not to the same extent, as it does that State, we ought not to be remiss on the subject. I bave taken tbe liberty of mentioning it to Mr. Giles, and also to Captain Fowler. I am in hopes that the shutting of the port is only intended to give the tAvo nations tirae aud leisure, Avithout being in terrupted, to settle the necessary arrangements attending such busi ness. Should, however, this not be the case, and that it is done for the purpose of setting aside our treaty with Spain, I assure you the consequences will be serious, as I am sure the inhabitants will never submit for the navigation of that river to be stopped, and they must have a place of deposit near the mouth. Let me hear from you sbortly. Direct to Brown's Cross Roads, Ross county.' Arthur St. Clair to James Madison. Cincinnati, December 21, 1802. Sir : — Your letter of the 22d November,^ notifying me that the President had determined that upon the receipt of that letter ray commission of Governor of tbe North-Avestern Territory should cease, was delivered to me by Mr. Secretary Byrd on the 14th day of this month. I request you, sir, to present my humble thanks to the President for that favor, as he has thereby discharged me from an office I was heartily tired of, about six weeks sooner than I had ^MS. Worthington Papers. 2 For the letter of the Secretary of State to Governor St. Clair, notifying him of his removal as Governor, on account of " an intemperance of lan- guao-e" in his remarks to the constitutional convention respecting Congress, and the authority to Mr. Byrd to discharge the functions of Governor, see Vol. I., pp. 244-246. 600 The St. Clair Papen. determined to rid myself of it, as he may have observed from an address, not to the convention, but to the people, on the 8th instant. I can not, however, agree Avith the President, that in my address to the convention, which is assigned as the reason of my being dis missed, there Avas either "intemperance or indecorum of language tOAvards the legislature of the United States, or a disorganizing spirit of evil tendency and example," unless an honest and true representation of facts deserve those epithets, or that " the rules of conduct enjoined by my public station " Avere in any Avay violated, unless it is understood that the rule of conduct is an implicit blind obedience. As the convention, sir, was to raeet in pursuance of an act of Congress, whereby the election of the members Avas directed to be made according to the law of the Territory that had existed, but had been long repealed, a sense of duty led me to cause the elec tions to be made conformably to the spirit of the act and the existing . election laws of the Territory, as they could not be made conformably to the words of it, and Avhen the convention Avas met I had done with it in my public capacity. Every citizen has a right to ad dress that body, either openly or in Avriting, and that right Avas common to rae Avith the rest ; and I believe, sir, it is a pararaount duty, Avhich every man OAves to the coramunity of Avhich he is a member, to give Avarning either to the representatives or to the body, Avhen he sees the rights of that community invaded, from whatever quarter the invasion raay come, and direct thera, if he can, to the raeans of Avarding it off or of repelling it ; and I scruple not to say that the violent, hasty, and unprecedented intrusion of the leg islature of the United States into the internal concerns of the North western Territory Avas at least indecorous and inconsistent with its public duty, and I might add that the transferring of above five thousand people, Avithout their knoAvledge or consent, from a country where they Avere in possession of self-government to another Avhere they will be, at least for some tirae, deprived of that privilege, and subjected to many other inconveniences, Avas something Averse than intemperate and indecorous, and that, had it happened in Germany, where such things have happened, no man in America Avould have hesitated to have used, a harsher term. Degraded as our country is, and abject as too many of her sons have become, there are still a vast proportion of them Avho will be at no loss for the proper term. Be pleased, sir, to accept my thanks also, for the peculiar deli cacy you observed in committing the delivery of your letter, and in furnishing him with a copy of it, to Mr. Byrd, against whom there Correspondence, Addresses, Etc. 601 were in your hands, to be laid before the President, complaints of something more than mere indecorum, and of a total neglect of and refusal to perform bis official duty. It is such strokes as this which serve to develop character, and, like the relief in painting, to bring out the flgure distinctly in its proper place. It produced, hoAvever, no other emotion in me but that kind of derision which physiogno mists tell us is " tbe involuntary expression on the countenance ofa certain mental sensation," which I do not choose to name, and never . fails to produce it.' With due respect I am, etc. ' If any thing could justify the tone of the ahove letter, it was the man ner in which Mr. Madison communioated to the veteran St. Clair the fact of his removal by the President. I know of no relations to party or politi cal ethics, that will excuse the Secretary of State in inclosing an official com munication of that delicate nature, undercover, to a bitter political and per sonal enemy. It was known to Mr. Madison that Mr. Secretary Byrd had re fused for months to discharge his duties as secretary of the Territory ; that he had on one occasion taken advantage of the Governor's absence to remove his appointees, and put Eepublicans in their places ; and that he had devoted his time since his appointment to the office in forming a party in opposition to the Governor, whom he never failed to treat with studied disrespect. All this was known to Mr. Madison ; but, then, Mr. Byrd was engaged in the work of raaking a new Eepublican State. Here the pulilic career of Arthur St. Clair properly ends. See Vol. I., pp. 248-256. 'VaU Arthur St. Clair, Federalist; enter Edward Tiffin, Eepublican. APPENDIX I. THE ORDINANCE OF 1787, AND ITS HISTORY. BY PETER FORCE. [See Vol. I., pp. 116-36.] On the first of March, 1784, a committee, consisting of Mr. Jeffer son, of Virginia, Mr. Chase, of Maryland, and Mr. Howell, of Ehode Island, submitted to Congress the following plan for the temporary government of the Western Territory : The committee appointed to prepare a plan for the temporary government of the Western Territory have agreed to the following resolutions : Resolved, That the territory ceded or to be ceded by individual States to the United States, whensoever the same shall have been pur chased of the Indian inhabitants, and offered for sale by the United States, shall be formed into additional States, bounded in the follow ing manner, as nearly as such cessions will admit: That is to say, northwardly and southwardly by parallels of latitude, so that each State shall comprehend, from south to north, two degrees of latitude, beginning to count from the completion of thirty-one degrees north of the equator; but any territory northwardly of the forty-seventh de gree shall make part of the State next below. And eastwardly and westwardly they shall be bounded, those on the Mississippi by that river on the one side, and the meridian of the lowest point of the rapids of the Ohio on the other; and those adjoining on the east, by the same meridian on their western side, and on the eastern by the meridian of the western cape of the mouth of the Great Kanawha. And the territory eastward of this last meridian, between the Ohio, Lake Erie, and Pennsylvania, shall be one State. That the settlers within the territory so to be purchased and offered for sale shall, either on their own petition or on the order of Congress, receive authority from them, with appointments of time and place, for their free males of full age to meet together for the purpose of estab lishing a temporary government to adopt the constitution and laws of any one of these States, so that such laws nevertheless shall be subject to alteration by their ordinary legislature, and to erect, subject to a like alteration, counties or townships for the election of members of their legislature. That such temporary government sball only continue in force in any- (603) 604 Appendix. State until it shall have acquired twenty thousand free inhabitants, when, giving due proof thereof to Congress, they shall receive from them authority, with appointments of time and place, to call a con vention of representatives to establish a permanent constitution and government for themselves. Provided, That both the temporary and permanent governments be established on these principles as their basis : 1. That they shall forever remain a part of the United States of America. 2. That, in their persons, property, and territory, they shall be sub ject to the Government of the United States in Congress assembled, and to the Articles of Confederation in all those cases in which the original States shall be so subject. 3. That they shall be subject to pay a part of the Federal debts, con tracted or to be contracted, to be apportioned on them by Congress, according to the same common rule and measure by which apportion ments thereof shall be made on the other States. 4. That their respective governments shall be in republican forms, and shall admit no person to be a citizen who holds any hereditary title. 5. That, after the year 1800 of the Christian era, there- shall be neither slavery nor involuntary servitude in any of the said States, otherwise than in the punishment of crimes Avhereof the party shall have been duly convicted to have been personally guilty. That whensoever any of the said States shall have, of free in habitants, as many as shall then be in any one of the least numerous of the thirteen original States, such State shall be admitted by its delegates into the Congress of the United States, on an equal footing with the said original States, after Which the assent of two-thirds of the United States, in Congress assembled, shall be requisite in all those cases wherein, by the confederation, the assent of nine States is novv required, provided the consent of nine States to such admission may be obtained according to the eleventh of the Articles of Confed eration. Until such admission by their delegates into Congress, any of the said States, after the establishment bf their temporary govern ment, shall have authority to keep a sitting member in Congress, with a right of debating but not of voting. That the territory northward of the forty-fifth degree, that is to say, of the completion of forty-five degrees from the equator, and extend ing to the Lake of the Woods, shall be called Sylvania. That, of the territory under the forty-fifth and forty-fourth degrees, that which lies westward of Michigan shall be called Michigania; and that which is eastward thereof, within the peninsula formed by the lakes and waters of Michigan, Huron, St. Clair, and Erie, shall be called Cheronesus, and shall include any part of the peninsula which may extend above the forty-fifth degree. Of the territory under the forty-third and forty- second degrees, that to the westward, through which the Assenisipi or Ordinance of 1787. 605 Eock River runs, shall be called Assenisipia; and that to the eastward. in which are the fountains of the Muskingum, the two Miamis of Ohio, the Wabash, the Illinois, the Miami of the Lake, and the San dusky Eivers, shall be called Metropotainia. Of the territory which lies under the forty-first and fortieth degrees, the western, through which the river Illinois runs, shall be called lUhioia ; that next adjoining, to the eastward, Saratoga; and that between this last and Pennsylvania, and extending from the Ohio to Lake Erie, shall be called Washington. Of the territory which lies under the thirty-ninth and thirty-eighth degrees, to which shall be at^ded so much of the point of land within the fork of the Ohio and Mississippi as lies under the thirty-seventh degree, that to the westward, within and adjacent to which are the confluences of the rivers Wabash, Shawnee, Tanisee, Ohio, Illinois, Mississippi, and Missouri, shall be called Polypota-mia ; and that to the eastward, farther up the Ohio, otherwise called the Pelisipi, shall be called Pelisipia. That all the preceding articles shall be formed into a charter of com pact ; shall be duly executed by the President of the United States, in Congress assembled, under his hand and the seal of the United States; shall be promulgated, and shall stand as fundamental condi tions between the thirteen original States and these newly described, unalterable but by the joint consent of the United States, in Congress assembled, and of the particular State within which such alteration is proposed to be made. This report was recommitted to the same committee on the 17th of March, and a new one was submitted on the 22d of the same month. The second report agreed in substance with the first. The principal difference was the omission of the paragraph giving names to the States to be formed out of the Western Territory. It was taken up for consideration by Congress on the 19th of April, on which day, on the motion of Mr. Spaight, of North Carolina, the following clause was struck out: "That, after the year 1800 of the Christian era, there shall be neither slavery nor involuntary servitude in any of the said States, otherwise than in the punishment of crimes whereof the party shall have been duly convicted to have been personally guilty." The report was further considered and amended on the 20th and 21st. On the 23d, it was agreed to (ten States voting aye, and one no), without the clause prohibiting slavery and involuntary servitude after the year 1800. On the question to agree to the report, after the pro hibitory clause was struck out, the yeas and nays were required by Mr. Beresford. The vote was : '606 Appendix. New Hampshire — Pennsylvania — Mr. Foster, aye. Mr. MifHin, aye. Mr. Blanchard, aye. Mr. Montgomery, aye. Massachusetts— Mr. Hand, aye. Mr. Gerry, aye. Maryland — Mr. Partridge, aye. Mr. Stone, aye. Ehode Island — Mr. Chase, aye. Mr. Ellery, aye. Virginia — Mr. Howell, aye. Mr. Jefferson, aye. Connecticut — Mr. Mercer, aye. Mr. Sherman, aye. Mr. Monroe, aye. Mr. Wadsworth, aye. North Carolina — New York — Mr. Williams, aye. Mr. Dewitt, aye. Mr. Spaight, aye. Mr. Paine, aye. South Carolina — New Jersey — Mr. Eeed, no. Mr. Beatty, aye. Mr. Beresford, no. Mr. Dick, aye. Georgia (absent). Delaware (absent). Thus, the report of Mr. .lefferson for the temporary government of the Western Territory, without any restriction whatever as to slavery, received the vote of every State present except South Carolina. It did not " lay on the table of Congress durin'g the three years from 1784 to 1787." During these three years, it was the law of the land. It was repealed in 1787. Nearly a year after the first plan was adopted, the clause originally offered by Mr. Jefferson, as a part of the charter of compact and funda- menial constitutions between the thirteen original States and the new States to be formed in the Western Territory, prohibiting slavery and involuntary servitude, was again submitted' to Congress, omitting the time named — "after the year 1800 of the Christian era." On the 16th of March, 1785— "A motion was made by Mr. King, seconded by Mr. Ellery, that the following proposition be committed : "That there shall be neither slavery nor involuntary servitude in any of the States described in the resolve of Congress of the 23d of April, 1784, otherwise than in the punishment of crimes whereof the party shall have been personally guilty ; and that this regulation shall be an article of compact, and remain a fundamental principle of the constitutions between the thirteen original States and eaoh of the States described in the said resolve of the 23d of April, 1784." The motion was " that the following proposition be committed " — that is, committed to a committee ofthe whole House; it was not "in Ordinance of 1787. 607 the nature of an instruction to the Committee on the Western Terri tory." At that time, there was no such committee. It was a separate, independent proposition. The very terms of it show that it was of fered as an addition to the resolve of April 23, 1784, with the inten tion of restoring to that resolve a clause that had originally formed a part of it. Mr. King's motion to commit was agreed to— eight States (New Hampshire, Massachusetts, Ehode Island, Connecticut, New York, New Jersey, Pennsylvania, and Maryland) voted in the affirmative, and three States (Virginia, North Carolina, and South Carolina) in the negative. Neither Delaware nor Georgia was represented. After the commitment of this proposition, it was neither called up in Congress nor noticed by any of the committees who subsequently reported plans for the government of the Western Territory. The subject was not laid over from this time till September, 1786. It is noticed as being before Congress on the 24th of March, the 10th of May, the 13th of July, and the 24th of August of that year. On the 24th of March, 1786, a report was made by the grand Com mittee of the House, to whom had been referred a motion of Mr. Mon roe upon the subject of the Western Territory. On the 10th of May, 1786, a report was made by another committee, consisting of Mr. Monroe, of Virginia, Mr. Johnson, of Connecticut, Mr. King, of Massachusetts, Mr. Kean, of South Carolina, and Mr. Pincknejr, of South Carolina, to whom a motion of Mr. Dane, for con sidering and reporting the form of a temporary government for the Western Territory, was referred. This report, after amendment, was recommitted on the 13th of July following. ' On the 24th of August, 1786, the Secretary of Congress was directed to inform the inhabitants of Kaskaskias " that Congress have under their consideration the plan of a temporary government for the said distriot, and that its adoption will be no longer protracted than the importance of the subject and a due regard to their interest may re quire." On the 19th of September, 1786, a committee, consisting of Mr. Johnson, of Connecticut, Mr. Pinckney, of South Carolina, Mr. Smith, of New York, Mr. Dane, of Massachusetts, and Mr. Henry, of Mary land, appointed to propose a " plan of temporary government for suoli districts or new States as shall be laid out by the United States upon the principles of the acts of cession from individual States, and ad mitted into the Confedoracy," made a report, which was taken up for consideration on the 29th, and, after some discussion, and several mo tions to amend, the further consideration was postponed. On the 26th of April, 1787, same committee (Mr. Johnson, Mr. Pinckney, Mr. Smith, Mr. Dane, and Mr. Henry) reported " an ordi nance for the government of the Western Territory." It was read a second time, and amended on the 9th of May, and the next day was assigned for the third reading. On the 10th, the order of the day foi' 608 Appendix. the third reading was called for by the State of Massachusetts, and was postponed. On the Qth and 10th of May, Massachusetts was rep resented by Mr. Gorham, Mr. King, and Mr. Dane. The proposition which, on Mr. King's motion, was " committed " on the 16th of March of the preceding year, was not in the ordinance, as reported by the committee, nor was any motion made in the Congress to insert it as an amontlment. The following is a copy of the ordinance as amended and ordered to a third reading : An Ordinance for the Govern.ment of the Western Territory. It is hereby ordained by the United States, in Congress assembled,, that there shall be appointed, from time to time, a governor, whose commission shall continue in force for the term of three years, unless sooner revoked by Congress. There shall be ajipointed by Congress, from time to time, a secretary, whose commission shall continue in force for four years, unless sooner revoked by Congress. It shall be his duty to keep and preserve the acts and laws passed by the General Assembly, and public records of the district, and of the proceedings of the governor in his executive department, and transmit authentic copies of such acts and proceed ings every six months to the Secretary of Congress. There shall also be appointed a court to consist of three judges, any two of whom shall form a court, who shall have a common law juris diction, whose commissions shall continue in force during good be havior. And, to secure the rights of personal liberty and property to the in habitants and others, purchasers in tlie said districts, it is hereby or dained that the inhabitants of said districts shall always be entitled to the benefits of the act of habeas corpus and of the trial by jury. The governor and judges, or -a, majority of th'em shall adopt and publish ill the districts such laws of the original States, criminal and civil, as may be necessary and best suited to the circumstances of the district, and report them to Congress from time to time, which shall prevail in said distriot until the organization of the General Assembly, unless disapproved of by Congress; but, afterwards, the General As sembly shall have authority to alter them as they think fit: provided, however, that said Assembly shall have no power to create perpetui ties. The governor, for the time being, shall be commander-in-chief of the militia, and appoint and commission all officers in the same below the rank of general officers ; all officers of that rank shall be appointed and commissioned by Congress. Previous to the organization of the General Assembly, the governor shall appoint such magistrates and other civil officers, in each county or township, as he shall find necessary for the preservation of peaoe Ordinance of 1787. 609 and good order in the same. After the General Assembly shall be or ganized, the powers and duties of magistrates and other civd officers shall be regulated .and defined by the said Assembly ; but all magis trates and other civil officers, not herein otherwise directed, shall, dur ing the continuance of this temporary government, be appointed by the governor. The governor shall, as soon as may be, proceed to lay out the district into counties and townships, subject, however, to such alterations as may thereafter be made by the legislature, so soon as there shall be five thousand free male inhabitants, of full age, within the said dis trict. Upon giving due proof thereof to the governor, they shall re ceive authority, with time and place, to elect representatives from their counties or townships, as aforesaid, to represent them in General As sembly: provided, that for every five hundred free male inhabitants there shall be one representative, and so on progressively with the number of free male inhabitants shall the right of representation in crease, until the number of representatives amounta to twenty-five; after which tbe number and proportion of representatives shall be regulated by the legislature : provided, that.no person shall be eligible or qualified to act as a representative, unless he be a citizen of one of the United States, or have resided within such distriot three years, and shall likewise hold, in his own right, in fee simple, two hundred acres of land within tbe same: provided, also, that a freehold or life estate in fifty acres of land in the said district, if a citizen of any of the United States, and two years' residence, if a foreigner, in addition, shall be necessary to qualify a man as elector for the said representa tive. The representatives thus elected shall serve for the term of two years, and, in case of the death of a representative, or removal from office, the governor shall issue a writ to the county or township for which he was a member, to elect another in his stead, to serve for the residue of the time. The General Assembly shall consist of the governor, a legislative council, to consist of five members, to be appointed by the United States, in Congress assembled, to continue in office during pleasure, any three of whom to be a quorum, and a House of Representatives, who shall have a legislative authority complete in all cases for the good government of said district: provided, that no act of the said General Assembly shall be construed to affect any lands tho property of the United States: and provided, further, that the lands of the non resident proprietors shall in no instance be taxed higher than the lands of residents. All bills shall originate indifferently either in the council or House of Eepresentatives, and, having been passed by a majority in both Houses, shall be referred to the governor for his assent, after obtaining VOL. n. — 39 610 Appendix. which they shall be complete and valid; but no bill or legislative act whatever shall be valid or of any force without his .issent. The governor shall have power to convene, prorogue, and dissolve the General Assembly when, in his opinion, it shall be expedient. The said inhabitants or settlers shall be subject to pay a part of the FeSeral debts, contracted or to be contracted, and to bear a propor tional part of the burdens of the government, to be apportioned on them by Congress, according to the same common rule and measure by Avhioh apportionments thereof shall be made on the other States. The governor, judges, legislative council, secretary, and such other officers as Congress shall at any time think proper to appoint in such district, shall take an oath or affirmation of fidelity ; the governor be fore the President of Congre.ss, and all other officers before the gov ernor, prescribed on the 17th day of January, 1785, to the Secretary of War, mutatis mutandis. Whensoever any of the said States shall have of free inhabitants as many as are equal in number to the one-thirteenth part of the citizens ofthe original States, to be computed from the last enumeration, such State shall be admitted by its delegates into the Congress of the United States, on an equal footing with the said original States: provided, the consent of so many States in Congress is first obtained as may at that time be competent to such admission. Resolved, That the resolutions of the 23d of April, 1784, be and the same are hereby annulled and repealed. Suoh was the ordinance for the government of the Western Terri tory, when it was ordered to a third reading, on the 10th of May, 1787. It had then made no further progress in the development of those great principles for whioh it has since been distinguished as " one of the greatest monuments of civil jurisprudence." Jt made no provision for the equal distribution of estates. It said nothing of extending the fund.amental principles of civil and religious liberty — nothing of the rights of conscience, knowledge, or education. It did not contain the articles of compact, which were to remain unaltered forever, unless by common consent. We now come to the time when these great principles were first brought forward. On the 9fch of July, 1787, the ordinance was again referred. The committee now consisted of Mr. Carrington, of Virginia, Mr. Dane, of Massachusetts, Mr. R. H. Lee, of Virginia, Mr. Kean, of South Caro lina, and Mr. Smith, of New York. Mr. Carrington, Mr. Lee, and Mr. Kean, the new members, were a majority. This committee did not " merely revise the ordinance;" they pre pared and reported the great Bill of Eights for the territory north- Avest of the Ohio. The question is here presented, why was Mr. Carrington, a new mem ber of the commitiee, placed at the head of it, to the exclusion of Mr, Ordinance of 1787. 611 Dane and Mr. Smith, who had served previously? In the absence of positive evidence, there appears to be but one answer to this question. The opinions of all the members were known in Congress. In the course of debate, new views had been presented, 'which must have been received with general approbation. A majority of the committee were the advocates of these views, and the member by whom they were presented to the House was selected as the chairman. There is nothing improbable or out of the usual course of proceeding in this. Indeed, the prompt action of the committee and of the Congress goes very far to confirm it. On the llth of July (two days after the reference), Mr. Carrington reported the ordinance for the government of tlie territory of the United States north-west of the river Ohio. This ordinance was read a second time on the 12th (and amended, as stated below), and, on the 13th, it was read a third time, and passed by the unanimous vote of the eight States present in the Congress, On the passage, the yeas and nays (being required by Mr. Yates) were as follows : New Hampshire (absent). Maryland (absent). Massachusetts — Virginia^ Mr. Holten, aye. Mr. Grayson, aye. Mr. Dane, aye. Mr. R. H. Lee, aye. Ehode Island (absent). Mr. Carrington, aye Connecticut (absent). North Carolina — New York — Mr. Blount, aye. Mr. Smith, aye. Mr. Hawkins, aye. Mr. Hari.ng, aye. South Carolina — Mr. Yates, aye. Mr. Kean, aye. New Jersey — Mr. Huger, aye. Mr. Clarke, aye. Georgia- Mr. Schureman, aye. Mr. Few, aye. Delaware— Mr. Pierce, aye. Mr. Kearney, aye. Pennsylvania (absent). Mr. Mitchell, aye. It appears, then, that, instead of having "this ordinance under de liberation and revision for three years and si.x months," in five days it Avas passed through all the forms of legislation— the reference, the action of the committee, the report, the three several readings, the discussion and amendment by Congress, and the final passage On the I2th of July (as above stated), Mr. Dane ofi'ered the follow ing amendment, Avhich was adopted as the sixth of the articles of the compact : "Article the Sixth. There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punishment of G12 Appendix. crimes, whereof the party shall have been duly convicted: provided, always, that any person, escaping into the same, from whom labor or service is claimed in any of the original States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service, as aforesaid. This had, in part, been presented by Mr. Jefferson, in 1784, and again by Mr. King, in 1785. The assertion that this clause, " as it now exists in the ordinance," was "proposed and carried by Mr. King, when neither Jefferson nor Dane was present," is singularly incorrect. In the proposition submitted by Mr. King, in 1785 (which was never afterwards called up in Congress), there Avas no provision for reclaim ing fugitives; and, without such a provision, it could not have been carried at all : besides, the clause, "as it now exists in tho ordinance,'' was proposed by Mr. Dane, on the 12th of July, 1787, and earried by the unanimous vote of Congress, when Mr. King was not present. Mr. King was a member of the convention for framing the Federal constitution. He was present and voted in the convention on the 12th of July, 1787. The whole of that day was occupied in settling the pro portion of representation and direct taxation, whioh was then deter mined as it now stands in the constitution, viz. : " By adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians, not taxed, three-fifths of all other persons!' The Congress and the convention were both in session at the same time, in Philadelphia. There was, of course, free intercourse and in terchange of opinion between the members of the two bodies. To this may be attributed the adoption on the same day of the clause in the ordinance and the clause in the constitution. The accompanying copy of the ordinance shows the amendments made in Congress, on the 12th of July, to Mr. Carrlngton's report of the llth. All that was struck out is printed iu \iialic'\, what was in serted is in SMALL CAPITALS. The reader, on comparing this with the plans previously reported by Mr. .Jefferson and by Mr. Johnson, will see that most of the principles " on which its wisdom and fame rest " were first presented by Mr. Carrington. ^ An Ordinance for the Government of the Territory of the United States north-ivest of the River Ohio. lie ii ordained by the XJa'ded Staies, in Congras assembled. That the said Territory, for the purposes of temporary government, be one district; subject, however, to be divided into two districts, as future circum stances may, in the opinion of Congress, make it expedient. (1) The language of Mr. Force is misleading. While most of the principles on "Which its wisdom and fame rest "were embraced in the amendments reported by Colonel Carrington, two very iraportant points were derived from Mr. Jefferson's ordinance of 1781, viz., the plan of compact and the anti-slavery article. Ordinance of 1787. 613 Be ii ordained by ihe authority aforesaid, That the estates botb of resi dent and non-resident proprietors in the said Territory, dying intestate, shall descend to and be distributed among their children and the de scendants of a deceased child in equal parts; the descendants of a deceased child or grandchild to take the share of their deceased parent in equal parts among them ; and where there shall be no children or descendants, then in equal parts to the next of kin, in equal degree; and among collaterals, the children of a deceased brother or sister of the intestate shall have in equal parts among them their deceased parent's share; and there shall in no case be a distinci'ion betwekn KINDRED OF THE WHOLE AND HALF BLOOD ; saving in all cases to the widow of the intestate her third part of the real estate for life, and [^where there shall be no children of ihe intestate^ one third part ofthe personal es tate; and this law relative to descents and dower shall remain in full force uutil altered by the legislature of the district. And until the governor and judges shall adopt laws as hereinafter mentioned, estates in the said Territory may be devised or bequeathed by wills in writing, signed and sealed by him or her in whom the estate may be (being of full age), and attested by three witnesses; and real estates may be con veyed by lease and release, or bargain and sale, signed, sealed, and de livered by the person, being of full age, in whom the estate may be, and attested by two witnesses, provided such wills be duly proved, and such conveyances be acknowledged, or the execution thereof duly proved, and be recorded within one year after proper magistrates, courts, and registers shall be appointed for that piirpose; and personal property may be transferred by delivery, saving, however, to the [ui- habitants of Kaskaskies and Post Vincent^ French and Canadian inhabit ants, AND OTHER SETTLERS OF THE KaSKASKIES, St. ViNOENt's, AND TIIE NEIGHBORING VILLAGES, WHO HAVE HERETOFORE PROFESSED THEMSELVES CITI ZENS OF Virginia, their laws and customs now in force among them relative to the descent and conveyance of property. Be it ordained by ihe authority aforesaid, That there shall be appointed, from time to time, by Congress, a governor, whose commission shall continue in force for the term of three years, unless sooner revoked by Congress: he shall reside in the district and have a freehold estate therein in one thousand acres of land, while in the exercise of his office. There shall be appointed, from time to time, by Congress, a secre tary, whose commission shall continue in force for four years, unless sooner revoked : he shall reside in the district, and have a freehold es tate therein, in five hundred acres of land, while in the exercise of his office. It shall be his duty to keep and preserve the acts and laws passed by the legislature, and the public records of the district, of the proceedings of the governor in his executive department, and transmit authentic copies of such acts and proceedings every six months to the Secretary of Congress. There shall also be appointed a, court, to consist of three judges, any 614 Appendix. two of whom to form a court, who shall have a common law jurisdic tion, and reside in the district, and have eaoh therein a freehold estate, in five hundred acres of land, while in the exercise of their offices; and their commissions shall continue in force during good behavior. The governor aud judges, or a majority of them, sball adopt and publish in the district such laws of the original States, criminal and civil, as may be necessary and best suited to the circumstances of the district, and report them to Congress from time to time, which laws shall be in force in the district until the organization of the General Assembly therein, unless disapproved of by Congress; bufc afterwards the legislature shall have authority to alter them as they shall think fit. The governor, for the time being, shall be commander-in-chief of the militia, and appoint and commission all officers in the same below the rank of general officers; all general officers l_above ihat rank'] shall be appointed aud commissioned by Congress. Previous to the organization of the General Assembly, the governor shall appoint suoh magistrates and other civil officers in eaoh county or township as he shall find necessary for the preservation of the peace and good order in the same. After the General Assembly shall be organized, the powers and duties of magistrates and other civil officers shall be regulated and defined bythe said Assembly; but all magistrates and other civil officers, not herein otherwise directed, shall, during the continuance of this temporary government, be appointed by the governor. For the prevention of crimes and injuries, the laws to be adopted or made shall have force in all parts of the distriot, and for the execution of process, criminal and civil, the governor shall make proper divisions thereof; and he shall proceed, from time to time, as circumstances may require, to lay out the parts of the district in which the Indian titles shall have been extinguished into counties and townships, sub ject, however, to suoh alterations as may thereafter be made by the legislature. So soon as there shall be five thousand free male inhabitants, of full age, in the district, upon giving proof thereof to the governor, they shall receive authority, with time and place, to elect representatives from their counties or townships, to represent them in the General As sembly : provided, that, for every five hundred free male inhabitants, there shall be one representative, and so on progressively with the number of free male inhabitants shall the right of representation in crease, until the number of representatives shall amount to twenty- five; after which the number and proportion of representatives shall be regulated by the legislature: provided, that no person shall be eli gible or qualified to act as a representative, unless he shall have been a citizen of one of the United States three years, and be a resident in the district, or unless he shall have resided in the district three years, and, in either case, shall likewise hold in his own right, in fee simple. Ordinance of 1787. 615 two hundred acres of land witbin the same: provided, also, that a free hold in fifty acres of land in the district, having been a citizen of one of the States, and being resident in the district, or the like freehold and two years' residence in the district, shall be necessary to qualify a man as an elector of a representative. The representatives thus elected shall serve for the term of two years, and, in case of the death of the representative, or removal from office, the governor shall issue a writ to the county or township for which he was a member, to elect another in his stead, to serve for the residue of the term. The General Assembly, or legislature, shall consist of the governor, legislative council, and a House of Representatives. The legislative council shall consist of five members, to continue in office five years, unless sooner removed by Congress, auy three of whom to be a quorum, and the members of the council shall be nominated and appointed in the following manner, to wit: As soon as representatives shall be elected, the governor shall appoint a time and place for them to meet together, and, when met, they shall nominate ten persons, residents in the distriot, and each possessed of a freehold in five hundred acres of land, and return their names to Congress; five of whom Congress shall appoint and commission to serve as aforesaid; and whenever a vacancy shall happen in the council, by death or removal from office, the House of Representatives shall nominate two persons, qualified as aforesaid, for each vacancy, and return their names to Congress ; one of whom Congress shall appoint and commission for the residue of the term ' and every five years, four months at least before the expiration of the time of service of the members of council, the said House shall nominate ten persons, qualified as aforesaid, and return their names to Congress, five of whom Congress shall appoint and commission to serve as members of the council five years, unless sooner removed. And the governor, legislative council, and fiouse of Representatives shall have authority to make laws, in all cases, for the good government of the distriot, not repugnant to the principles and articles in this ordi nance established and' declared. And all bills having passed by a ma jority in the House, and by a majority in the council, shall be referred to the governor for his assent; but no bill or legislative act whatever shall be of any force without his assent. The governor shall have power to convene, prorogue, and dissolve the General Assembly, when, in his opinion, it shall be expedient. The governor, judges, legislative council, secretary, and such other officers as Congress shall appoint in the district, shall take an oath or affirmation of fidelity and of office; the governor before the President of Congress, and all other officers before the governor. As soon as a legislature shall be formed in the distriot, the council and House, as sembled in one room, shall have authority by joint ballot to elect a delegate to Congress, who shall have a seat in Congress, with a right of debating, but not of voting, during this temporary government. 616 Appendix. And for extending [io all parts of ihe Confederacy'] the fundamental principles of civil and religious liberty, which form the basis whereon these Republics, their laws and constitutions, are erected ; to fix and establish those principles as the basis of all laws, constitutions, and governments which forever hereafter shall be formed in said territory; to provide also for the establishment of States, and permanent govern ment therein, and for their admission to a share in the Federal coun cils, on an equal footing with the original States, at as early periods as may be consistent with the general interest — It is hereby ord-iined and declared by the authority aforesaid, That the fol lowing articles shall be considered as articles of compact between the original States and the people and States in the said territory, and for ever remain unalterable, unless by common consent, to wit: Article the First. No person demeaning himself in a peaceable and orderly manner shall ever be molested on account of his mode of wor ship or religious sentiments in the said territory. Article lhe Second, The inhabitants of the said territory shall always be entitled to the benefits of the writ of habeas corpus and of the trial by jury; of a proportionate representation of the people in the legislature, and of judicial proceedings according to the course ofthe common law; all persons shall be bailable, unless for capital offenses, where the proof shall be evident or the presumption great; all fines shall be moderate, and no cruel or unusual punishments shall be in flicted; no man shall be deprived of his liberty or property but by the judgment of his peers, or the law of the land; and should the public exigencies make it necessary, for the common preservation, to take any person's property, or to demand his particular services, full com pensation shall be made forthe same; and, in the just preservation of rights and property, it is understood and declared that no law ought ever to be made, or have force in the said territory, that shall, in any manner whatever, interfere with or affect private contracts or engage ments, bona fide and without fraud, previously formed. Article ihe Third, [Institutions for ihe promotion of] religion [and] morality, and knowledge, being necessary to good government a>d the HAPPINESS OF MANKIND, schools and the means of education shall forever be encouraged [and rdi persons while young shall be taught some useful occu pation}. The utmost good iaith shall always be observed towards the Indi?.ns; their lands and property shall never be taken from them without their consent; and, in their property, rights, and liberty, they never shall be invaded or disturbed, unless in just and lawful wars au thorized by Congress; but laws founded in justice and humanity shall from time to time be made., for preventing wrongs being done to them, and for preserving peace and friendship with them. Article the Fourth. The said territory, and the States which may be formed therein, shall forever remain a part of this Confederacy of the United States of America, subject Id the articles of Confederation, and to such alterations therein as shall constitutionally be made; and to Ordinance of 1787. 617 .all the acts and ordinances of the United States, in Congress assem bled, conformable thereto. The inhabitants and settlers in the said territory shall be subject to pay a part ofthe Federal debts, contracted or to be contracted, and a proportional part of the expenses of govern ment, to be apportioned on them by Congress, according to the same common rule and measure by which apportionments thereof .shall be made on the other States; and the taxes for paying their proportion shall be laid and levied by the authority ,ind direction of tbe legisla tures of the district or districts, or new States, as in the original States, within the time agreed upon by the United States, in Congress assem bled. The legislatures of those districts, or new States, shall never in terfere with the primary disposal of the soil by the United States, in Congress assembled, nor with any regulations Congress mny find nec essary for securing the title in such soil to the bona fide purchasers. No tax shall be imposed on lands the property of the United States; and in no case shall non-resident proprietors be taxed higher than resi dents. The navigable waters leading into the Mississippi and St. Law rence, and the carrying places between the same, shall be common high ways, and forever free, as well to the inhabitants of the said territory as to the citizens of the United States, and those of any other States that may be admitted into the Confederacy, without any tax, impost, or duty therefor. Article the Fifth. There shall be formed in the said territory not less than three nor more than five States ; and the boundaries of the States, as soon as Virginia shall alter her act of cession and [authorize] CONSENT TO the Same, shall become fixed and established as follows, to wit: The western State in the said territory shall be bounded by the Mississippi, the Ohio, and Wabash Rivers; a direct line drawn from the Wabash and Post Vincent's due north to the territorial line between the United States and Canada, and by the said territorial line to the Lake of the Woods and Mississippi. The middle State shall be bounded by the said direct line, the Wabash from Post Vincent's to the Ohio; by the Ohio, by a direct line drawn due north from the mouth of the Great Miami to the said territorial line, and by the said territorial line. The eastern State shall be bounded by the last mentioned direct 'line, the Ohio, Pennsylvania, and the said territorial line: Provided, however, and it is further understood and declared, that the boundaries of these three States shall be subject so far to be altered, that if Con gress shall hereafter find it expedient, they shall have authority to form one or two States in tbat part of the said territory which lies north of an east and west line drawn through the southerly bend or extreme of Lake Michigan ; and whenever ahy of the said States shall have sixty thousand free inhabitants therein, such State shall be admitted by its delegates into the Congress of the United States, on an equal footing with the original States, in all respects whatever; and shall be at liberty to form a permanent constitution and State govern ment: Provided, the constitution and government so to be formed 618 Appendix. shall be republican, and in conformity to the principles contained in these articles ; and, so far as it can be consistent with the general in terest of the Confederacy, such admission shall be allowed at an earlier period, and when there may be a less number of free inhabitants in the State than sixty thousand. Article the Sixth. There shall be neither slavery nor involuntary SERVITUDE IN THE SAID TERRITORY, OTHERWISE THAN IN PUNISHMENT OF CRIMES WHKREOF THE PARTY SHALL H.WE BEEN DULY CONVICTED ; PROVIDED, ALWAYS, THAT ANY PERSON ERC'.PIXG INTO THE SAME, FROM WHOM L.\BOR (Ut SERVICE IS LAWFULLY CLAIMED IN ANY ONE OF 'IHE ORIGINAL StATEP, SUCH FUGITIVE -MAY BE LAWFULLY RECLAIMED AND CONVEYED TO THE PERSON CL.A.MING HIS OR HER LABOR OB SERVICE AS AFORESAID.^ Be it ordained by the authority aforesaid, That the resolutions of the 23d of April, 1784, rkla'I'IVe to the sub.iect of this ordinance, be and the same are hereby repealed and declared null and void. Done by the United States, in Congress assembled, the 13th day of July, in the year of our Lord 1787, and of their sovereignty and independence the 12th. CHAS. THOMSON, Sec'y. APPENDIX II, ORDINANCES FOR THE SALE OF LANDS IN THE NORTH-WESTERN TERRITORY. riN CONGRESS, JULY 23, 1787, 1 Vol. L. U. S., p. 573.1 (See Vol. I., p. 128.) The report of a committee, consisting of Mr. Carrington, Mr. King, Mr. Dane, Mr. Madison, and Mr. Benson, amended to read as follows, viz. : That the Board of Treasury be authorized and empowered to con tract with any person or persons for a grant of a tract of land which shall be bounded by the Uhio, from the mouth of Scioto to the inter section of the western boundary of the seventh range of townships now surveying; thence, by the said boundary, to the northern bound ary of the tenth township from the Ohio; thence, by a due west line, to the Scioto ; thence, by the Scioto, to the beginning, upon the follow ing terms, viz. : The tract to be surveyed, and its contents ascertained, by the geographer or some other officer of the United States, who shall plainly mark the said east and west line, and shall render one complete (1) Compare with the article of Jefferson's ordinance. See Vol. I., p. 133. Ordinances for the Sale of Lands, Etc. 619 plat to the Board of Treasury, and another to the purchaser or pur chasers. The purchaser or purchasers, within seven years from the completion of this work, to lay off the wbole tract, at their own ex pense, into townships and fractional parts of townships, and to divide the same into lots, according to the land ordinance of the 20th of May, 1785; complete returns whereof to be made to the Treasury Board.' The lot No. 16, in each township or fractional part ofa township, to be given perpetually for the purposes contained in the said ordinance. The lot No. 29, in each township or fractional p.art of a township, to be given perpetually for the purposes of religion.' The lots Nos. 8, 11, and 26, in each township or fractional part of a township, to be re served for the future disposition of Congress. Not more than two com plete townships to be given perpetually for the purposes of a Uni versity, to be laid off by the purchaser or purchasers, as near the cen ter as may be, so that the same shall be of good land, to be applied to the intended object by the legislature of the State. The price to be not less than one dollar per acre for the contents of the said tract, ex cepting the reservations and gifts aforesaid, payable, in specie, loan- office certificates reduced to specie value, or certificates of liquidated debts of the United States, liable to a reduction by an allowance for bad land, and all incidental charges and circumstances whatever: Pro vided, That suoh allowance shall not exceed, in the whole, one-third ot a dollar per acre. And in making payment the prinoipal only of the said certificates shall be admitted, and the Board of Treasury, for such interest as maybe due on the certificates rendered in payment as aforesaid, prior to January 1, 1786, shall issue indents for interest to the possessors, which shall be receivable in payment as other indents for interest of the existing requisitions of Congress; and for such in terest as may be due on the said certificates between that period and the period of payment, the said board shall issue indents, the payment of which to be provided for in future requisitions, or otherwise. Such of the purchasers as may possess rights for bounties of land to the late army, to be permitted to render the same in discharge of the con tract, acre for acre: Provided, That the aggregate of such rights shall not exceed one-seventh part of the land to be paid for: And provided also, That there shall be no future claim against the United States on account of the said rights. Not less than 500,000 dollars of the purchase- money to be paid down upon closing of the contract, and the remain der upon the completion of the work to be performed by the geo grapher or other officer on tbe part of the United States. Good and sufiicient security to be given by the purchaser or purchasers for the completion of the contract on his or their part. The grant to be made upon the full payment of the consideration money, and a right of entry and occupancy to be acquired immediately for so much of the (1) The grant of No. 29, for religious purposes, is confined to the Ohio Company and J, C. Symmes's purchase. 620 Appendix. tract as shall be agreed upon between the Board of Treasury and the purchasers. Ordered, That the above be referred to the Board of Treasury to take order. [LETTER OF CUTLER AND SARGENT TO THE BOARD OF TREASURY, DATED NEW YORK, JULY 26, 1787, 1 Vol. L. U. S., p. 491.] We observe by the act of the 23d instant, that your honorable board is authorized to enter into a contract for the sale of 'a tract of land therein described, on certain conditions expressed in the act. As we suppose this measure has been adopted in consequence of proposals made by us in behalf of ourselves and associates, to a committee of Congress, we beg leave to inform you that we are ready to enter into a contract for the purchase of the lands described in the act, provided you can conceive yourselves authorized to admit of the following con ditions, whioh, in some degree, vary from the report of the committee, viz. : The subordinate surveys shall be completed as mentioned in the act, unless the frequency of Indian irruptions may render the same im practicable without a heavy expense to the company. The mode of payment we propose is, half a million of dollars when the contract is executed; another half a million, when the tract, as de scribed, is surveyed by the proper officer of the United States; and the remainder in six equal payments, computed from the date of the second payment. The lands assigned for the establishment of a university, to be as nearly as possible in the center of the first million and a half of acres we shall pay for; for to fix it in the center of the proposed purchase, might too long defer the establishment. When the second payment is made, the purchasers will receive a deed for as great a quantity of land as a million of dollars shall pay for, at the price agreed on; after which we will agree not to receive any further deeds for any of the lands purchased, only at such periods, and on such conditions, as may be agreed on betwixt the board and the purchasers. As to the security, which the act says shall be good and sufflcient, we are unable to determine what those terms may mean, in the con templation of Congress, or of your honorable board; we shall, there fore, only observe, that our private fortunes, and that of most of our associates, being embarked in the support of the purchase, it is not pos sible for us to offer any adequate security, but that of the land itself, as is usual in great land purchases. We will agree so to regulate the contract that we shall never be en titled to a right of entry or occupancy but on lands actually paid for, nor receive any deeds till our payments amount to a million of dol lars, and then only in proportion to such payment. The advance we John aeves Symmes' Purchase. 621 shall always be under, without any formal deed, together with tlie im provements made on the lands, will, we presume, be ample security, even ifit was not tbe interest as well as the disposition ofthe company to lay the foundation of their establishment on a sacred regard to the rights of property. If these terms are admitted, we shall be ready to conclude the con tract. [RESOLUTION OP 27TH JULY, 1787, 1 Vol. L. U. S., p. 574 ] "Ordered, Tbat the above letter from Manh. Cutler and Winthrop Sargent, to the Board of Treasury, containing proposals for the pur chase of a tract of land described in the act of Congress of the 23d instant, be referred to tbe Board of Treasury to take order : Provided, That after the date of the second payment therein proposed to be made, the residue shall be paid in six equal and half-yearly installments, until the whole thereof shall be completed, and that the purchasers stipulate to pay interest on the sums due from the completion of the survey to be performed by the geographer." JOHN CLEVES SYMMES' PURCHASE. [APPLICATION BY PETITION, NEW YOEK, 29TH AUGUST, 1787, 1 Vol. L. U. S. p. 494.] That your petitioner, encouraged by the resolutions of Congress of the 23d and 27th of July last, stipulating the condition of a trans fer of federal lands on the Scioto and Muskingum rivers, unto Win throp Sargent and Manasseh Cutler, Esquires, and their associates, of New England, is induced, on behalf of the citizens of the United States, westward of Connecticut, who also wish to become purchasers of federal lands, to pray thatthe honorable the Congress will be pleased to direct that a contract be made by the honorable the Commissioners of the Treasury Board, with your petitioner, for himself and his associ ates, in all respects similar in form and matter to the said grant made to Messrs. Sargent and Cutler, differing only in quantity and place where, and instead of two townships for the use of a University, that one only be assigned for the benefit of an academy. That by such transfer to your petitioner and his associates, on their complying with the terms of sale, the fee may pass of all the lands ly ing within the following limits, viz.: Beginning at the mouth of the Great Miami River; thence, running up the Ohio to the mouth of the Little Miami Eiver; thence, up the main stream of the Little Miami River, to the place where a due west line, to be continued from the 622 Appendix. western termination of the northern boundary line of the grant to Messrs. Sargent, Cutler, and company, shall intersect the said Little Mi.ami Eiver; thence, due west, continuing the said western line to the place where the said line shall intersect the main branch or stream of the Great Miami Eiver; thence, down the Great Miami, to the place of beginning.^ [ACT OP 19TH APRIL, 1792, 2 Vol. L. U. S., p. 270.] That the President of the United States be, and he hereby is, authorized, at the request of John Cleves Symmes, or his agent or agents, to alter the contract made between the late Board of Treasury aud the said John Cleves Symmes, for the sale of a tract of land of one million of acres, in such manner that the said tract may extend from the mouth of the Great Miami to the mouth of the Little Miami, and be bounded by the river Ohio on the south, by the Great Miami on the west, by the Little Miami on the east, and by a parallel of lati tude on the north extending from the Great Miami to the Little Mi ami, so as to comprehend the proposed quantity of one million of acres: Provided, That the northern limits of the said tract shall not interfere with the boundary-line established by the treaty of Fort Harmar, be tween the United States and the Indian nations: And provided also, That the President reserve to the United States, suoh lands at and near Fort Washington as he may think necessary lor the accommoda tion of a garrison at that fort.^ APPENDIX III. TREATIES AT FORT HARMAR. [See Vol. I. p. 156; Vol. II., p. 108.] WITH THE SIX NATIONS. Articles of a treaty made at Fort Harmar, the ninth day of January, in the year of our Lord one thousand seven hundred and eighty- nine, between Arthur St. Clair, Esq., Governor of the Territory of the United St.ates of America north-west of the river Ohio, and and commissioner plenipotentiary of tbe said United States, for (1) In Congress, Oct. 2, 1787, ordered, that the above petition be referred to the Board of Treasury, to tuke order. (2) The tract of land designated by this act, is bounded on the north by a parallel (if latitude, extending from the most northerly source of the Little Sliami to the Great Miami, and is usually called "Ludlow's survey." Treaties at Fort Harmar. 623 removing all causes of controversy, regulating trade, and settling boundaries, between the Indian nations in the northern depart ment and the said United States, of the one part, and the sachems and warriors of the Six Nations, of the other part, viz: Article 1. Whereas, the United States, in Congress assembled, did, by tbeir commissioners, Oliver Wolcott, Eichard Butler, and Arthur Lee, Esqrs., duly appointed for that purpose, at a treaty held with the said Six Nations, viz., with the Mohawks, Oneidas, Onondagas, Tusca roras, Cayugas, and Senekas, at Fort Stanwix, on the twenty-second day of October, one thousand seven hundred and eighty-four, give peace to the said nations, and receive them into their friendship and protection. And, whereas, the said nations have now agreed to and with the said Arthur St. Clair to renew and confirm all the engage ments and stipulations entered into at the before-mentioned treaty at Fort Stanwix. And, whereas, it was then and there agreed between the United States of America and the said Six Nations that a bound ary line should be fixed between the lands of tbe said Six Nations and tbe Territory of the said United States, which boundary line is as fol lows, viz; Beginning at the mouth of a creek, about four miles east of Niagara, called Ononwayea, or Johnston's Landing Place, upon the lake named by the Indians Oswego, and by us Ontario; from thence south erly, in a direction ahvays four miles east of the carrying place, between Lake Erie and Lake Ontario, to the mouth of Tehoseroron, or Buffalo Creek, upon Lake Erie ; thence south to the northern boundary of the State of Pennsylvania; thence west to the end of tbe said north boundary; thence south along the west boundary of the said State to the river Ohio. Tbe said line, from the mouth of Ononwayea i;o the Ohio, shall be the western boundary of the lands of the Six Na tions, so that the Six Nations shall and do yield to the United States all claim to tbe country west of the said boundary ; and then they shall be secured in the possession of the lands they inhabit east, north, and south of the same, reserving only six miles square, round the fort of Oswego, for the support of the same. The said Six Nations, except the Mohawks, none of whom have attended at this time, for and in consideration of the peace then granted to them, the presents they then received, as well as in consideration of a quantity of goods, to the value of three thousand dollars, now delivered to them by the said Arthur St. Clair, the receipt whereof they do hereby acknowledge, do hereby renew and confirm the said boundary line in the words before- mentioned, to the end that it may be and remain as a division line between the lands of the said Six Nations and the Territory of the United States forever. And the undersigned Indians, as well in their own names as in the name of their respective tribes and nations, their heirs and descendants, for the considerations before-mentioned, do re lease, quit claim, relinquish, and cede to the United States of America all the lands west of the said boundary or division line, and between 624 Appendix. the said line and the strait, from the mouth of Ononwayea and Buffalo Creek, for them, the said United States of America, to have and to hold the same in true and absolute propriety forever. Art. 2. The United States of America confirm to the Six Nations all the lands whioh they inhabit lying east and north of the before- mentioned boundary line, and relinquish and quit claim to the same and every part thereof, excepting only six miles square round the fort of Oswego, which six miles square round said fort is again reserved to the United States by these presents. Art. 3. The Oneida and Tuscarora nations are also again secured and confirmed in tbe possession of their respective lands. Art. 4. The United States of America renew and confirm the peace and friendship entered into with the Six Nations (except the Mo hawks) at the treaty before-mentioned, held at Fort Stanwix, declaring the same to be perpetual. And if the Mohawks shall, within six months, declare their assent to the same, they shall be considered as included. Done at Fort Harmar, on the Muskingum, the day and year first above written. In witness whereof, the parties have hereunto, interchangeably, set their hands and seals. Ar. St. Clair. Cageaga, or Dogs round the Fire. Sawedowa, or The Blast. Kiondushowa, or Swimming Fish. Oncahye, or Dancing Feather. Sohaeas, or Falling Mountain. Otachsaka, or Broken Tomahawk, his x mark. Tekahias, or Long Tree, his x mark. Onechsetee, or Loaded Man, his x mark. Kiahtulaho, or Snake. Aqueia, or Bandy Legs. Kiandogewa, or Big Tree, his x mark. Owenewa, or Thrown in the Water, his x mark Gyantwaia, or Cornplanter, his x mark. Gyasota, or Big Cross, his x mark. Kanassee, or New Arrow. Achiout, or Half Town. Anachout, or the Wasp, his x mark. Chishekoa, or Wood Bug, his x mark. Sessewa, or Big I'.ail of a Kettle. Sciahowa, or Council Keeper. Twanias, or Broken Twig. Sonachshowa, or Full Moon. Cachuuwasse, or Twenty Canoes. Hickonquash, or Tearing Asunder. Treaties at Fort Harmar. 625 IN PRESENCE OF Jos. Harmar, Lieutenant-Colonel commanding 1st U. S. Eegiment, and Brigadier-General by brevet. Eichard Butler. Jno. Gibson. Will. McCurdy, Captain. Ed. Denny, Ensign, 1st U. S. Eegiment. A. Hartshorn, Ensign. Eobt. Thompson, Ensign, IstU. S. Eegiment. Fran. Leile, Ensign. Joseph Nicholas. SEPARATE ARnCLE OF THE NEXT PRECEDING TREATY. Should a robbery or murder be committed by an Indian or Indians of the Six Nations, upon the citizens or subjects of the United States, or by the citizens 'and subjects of the United States, or any of them, upon any of the Indians of the said nations, the parties accused of the same shall be tried, and, if found guilty, be punished according to the laws of the State or of the Territory of the United States, as the case may be, where the same was committed. And should any horses be stolen, either by the Indians of the said nations, from the citizens or subjects of the United States, or any of them, or by any of the said citizens or subjects, from any of the said Indians, they may be reclaimed, into whose possession soever they may have come; and, upon due proof, shall be restored, any sale in open market notwithstanding; and the persons convicted shall be punished with the utmost severity the laws will admit. And the said nations engage to deliver the per sons that may be accused, of their nations, of either of the before- mentioned crimes, at the nearest post of the United States, if the crime was committed within the Territory of the United States, or to the civil authority of the State, if it shall have happened within any of the United States. Ar. St. Claie. WITH THE WYANDOTS, ETC. Articles of a treaty made at Fort Harmar, between Arthur St. Clair, Governor of the Territory of the United States north-west of the river Ohio, and commissioner plenipotentiary of the United States of America, for removing all causes of controversy, regulating trade, and settling boundaries with the Indian nations in the northern department of the one part, and the sachems and war riors of the Wyandot, Delaware, Ottawa, Chippewa, Pottawattamie, and Sac nations on the other part. Article 1. Whereas, the United States, in Congress assembled, did, by their commissioners, George Eogers Clark, Eichard Butler, and Ar- VOL. II — 40 626 Appendix. thur Lee, Esqrs., duly appointed for that purpose, at a treaty holden with the Wyandot, Delaware, Ottawa, and Chippewa nations, at Fort Mcintosh, on the twenty-first day of January, in the year of our Lord one thousand seven hundred and eighty-five, conclude a peace with the Wyandots, Delawares, Ottawas, and Chippewas, and take them into their friendship and protection. And, whereas, at the said treaty it was stipulated that all prisoners that had been made by those nations, or either of them, should be delivered up to the United States. And, whereas, the said nations have now agreed to, and with the aforesaid Arthur St. Clair, to renew and confirm all the engagements they had made with the United States of America at the before-mentioned treaty, except so far as are altered by these presents. And there are now in the possession of some individuals of these nations certain prisoners, who have been taken by others not in peace with the said United States, or in violation of the treaties subsisting between the United States and them, the said nations agree to deliver up all the prisoners now in their hands (by what nieans soever they may have come into their possession) to the said Governor St. Clair, at Fort Har mar, or, in his absence, to the officer commanding there, as soon as con veniently may be ; and for the true performance of this agreement, they do now agree to deliver into his hands two persons of the Wyan dot nation, to be retained in the hands of the United States as host ages, until the said prisoners are restored; after which they shall be sent back to their nation. Art. 2. And, whereas, at the before-mentioned treaty it was agreed between tbe United States and said nations that a boundary line should be fixed between the lands of those nations and the Territory of the United States, whieh boundary is as follows, viz: Beginning at the mouth of Cuyahoga Eiver, and running thence up the said river to the portage between that and the Tuscarawa branch of the Mus kingum ; then down the said branch to the forks at the crossing place above Fort Lawrence; thence westerly to the portage on that branch of the Big Miami Eiver which runs into tbe Ohio, at the mouth of which branch the fort stood, which was taken by the French in the year of our Lord one thousand seven hundred and fifty-two; then along the said portage to the Great Miami or Ome Eiver, and down the southeast side of the same to its mouth ; thence along the south ern shore of Lake Erie to the mouth of Cuyahoga, where it began. And the said Wyandot, Delaware, Ottawa, and Chippewa nations, for and in consideration of the peaoe then granted to them by the said United States, and the presents they then received, as well as of a quantity of goods to the value of six thousand dollars, now delivered to them by the said Arthur St. Clair, the receipt whereof they do hereby acknowledge, do, by these presents, renew and confirm the said boundary line, to the end that the same may remain as a division line between the lands of the United States of America and the lands oi said nation* forever.. And the undersigned Indians do hereby, in Treaties at Fort Harmar. 627 their own names and the names of their respective nations and tribes, their heirs and descendants, for the consideration above-mentioned, release, quit claim, relinquish, and cede to the United States all the land east, south, and west of the lines above described, so far as the said Indians formerly claimed the same, for them, the said United States, to have and to hold the same, in true and absolute propriety, forever. Art. 3. The United States of America do, by tbese presents, relin quish and quit claim to the said nations, respectively, all the lands ly ing between the limits above described, for them, the said Indians, to live and hunt upon, and otherwise to occupy as they shall see fit; but the said nations, or either of tbem, sball not be at liberty to sell or dispose of the same, or any part thereof, to any sovereign power, except the United States, nor to the subjects or citizens of any other sover eign power, nor to the subjects or citizens of the United States. Art. 4. It is agreed between the said United States and the said nations that the individuals of the said nations shall be at liberty to hunt within the territory ceded to the United States, without hindrance or molestation, so long as they demean themselves peaceably and offer no injury or annoyance to any of the subjects or citizens of the said United States. Art. 5. It is agreed that if any Indian or Indians of the nations before-mentioned shall commit a murder or robbery on any of the oit- zens ofthe United States, the nation or tribe to which the offender be longs, on complaint being made, shall deliver up the person or persons complained of, at the nearest post of the United States, to the end that he or they may be tried, and, if found guilty, punished according to the laws established in the territory of the United States north-west of the river Ohio for the punishment of such offenses, if the same shall be committed within tbe said Territory ; or according to the laws of the State where the ofiense may have been committed, if the same has happened in any of the United States. In like manner, if any subject or citizen of the United States shall commit murder or robberj^ on any Indian or Indians of the said nations, upon complaint being made thereof, he or they shall be arrested, tried, and punished agreeable to the laws of the State or of the Territory wherein the offense was com mitted, that nothing may interrupt the peace and harmony now estab lished between the United States and said nations. Art. 6. And, whereas, the practice of stealing horses has prevailed very much, to the great disquiet of the citizens of the United States, and, if persisted in, can not fail to involve both the United States of America and the Indians in endless animosity, it is agreed that it shall be put an entire stop to on both sides; nevertheless, should some indi viduals, in defiance of this agreement and of the laws provided against suoh offenses, continue to make depredations of that nature, the per son convicted thereof shall be punished with the utmost severity the laws of the respective States or Territoiy of the United States north- 628 Appendix. west of the Ohio, where the offense may have been committed, will admit of; and all horses so stolen, either by the Indians, from the cit izens or subjects of the United States, or by the citizens or subjects of the United States, from any of the Indian nations, may be reclaimed, into whose possession soever they may have passed, and, upon due proof, shall be restored — any sales in market ouvert, notwithstanding. And the civil magistrates in the United States, respectively, and in the Ter ritory of the United States north-west of the Ohio, shall give all neces sary aid and protection to Indians claiming such stolen horses. Art. 7. Trade shall be opened with the said nations, and they do hereby respectively engage to afford protection to the persons and property of such as may be duly licensed to reside among them for the purposes of trade, and to their agents, factors, and servants; but no person shall be permitted to reside at their towns, or at their hunting camps, as a trader, who is not furnished with a license for that pur pose, under the hand and seal of the Governor of the Territory of the United States north-west of the Ohio, for the time being, or under the hand and seal of one of his deputies for the management of Indian af fairs ; to the end that they may not be imposed upon in their traffic. And if any person or persons shall intrude themselves without such license, they promise to apprehend him or them, and to bring them to the said Governor, or one of his deputies, for the purpose before-men tioned, to be dealt with according to law ; and that they may be de fended against persons who raight attempt to forge such licenses, they further engage to give information to the said Governor, or one of his deputies, of the names of all traders residing among them, from time to time, and at least once in every year. Art. 8. Should any nation of Indians meditate a war against the United States, or either of them, and the same shall come to the knowledge of the before-mentioned nations, or either of them, they do hereby engage to give immediate notice thereof to the Governor, or, in his absence, to the officer commanding the troops ofthe United States at the nearest post. And should any nation, with hostile intentions against the United States, or either of them, attempt to pass through their country, they will endeavor to prevent thesame, and in like man ner give information of such attempt to the said Governor or com manding officer, as soon as possible, that all causes of mistrust a.nd sus picion may be avoided between them and the United States. In like manner, the United States shall give notice to the said Indian nations of any harm that may be meditated against thern, or either of them, that shall come to their knowledge, and do all in their power to hinder and prevent the same, that the friendship between them may be unin terrupted. Art. 9. If any person or persons, citizens or subjebts of the United States, or any other person not being an Indian, shall presume to settle upon the lands confirmed to the said nations, he and they shall be out Treaties at Fort Harmar. 629 of the protection of the United States, and the said nations may pun ish him or them in such manner as they see fit. Art. 10. The United States renew the reservations heretofore made in the before-mentioned treaty at Fort Mcintosh, for the establishment of trading posts, in manner and form following; that is to say: six miles square at the mouth of Miami or Omie Eivers; six miles square at the portage upon that branch of tbe Miami which runs into the Ohio ; six miles square upon the lake Sandusky, where the fort for merly stood ; and two miles square upon each side of the Lower Eap ids, or Sandusky Eiver; which posts, and the lands annexed to them, shall be for the use and under the Government of the United States. Art. II. The post at Detroit, with a district of land beginning at the mouth of the river Eosine, at the west end of Lake Erie, and run- ring up tho southern bank of said river six miles; thence northerly, and always six miles west of the strait, until it strikes the Lake St. Clair, shall be reserved for the use of the United States. Art. 12. In like manner the post at Michilimackinac, with its de pendencies, and twelve miles square about the same, shall be reserved to the sole use of the United States. Art. 13. The United .States of America do hereby renew and con firm tbe peace and friendship entered into with the said nations, at the treaty before-mentioned, held at Fort McIntosh; and the said na tions again acknowledge themselves, and all their tribes, to be under the protection of the said United States, and no other power whatever. Art. 14. The United States of America do also receive into their friendship and protection the nations of Pottawattimies and Sacs ; and do hereby establish a league of peace and amity betvs'een them respectively; and all the articles of this treaty, so far as they apply to these nations, are to be considered as made and concluded in all and every part, expressly with them and each of them. Art. 15. And, whereas, in describing the boundary before-mentioned, the words, if strictly construed, would carry it from the portage on that branch of the Miami Eiver whioh runs into the Ohio, over to the river Auglaize, which was neither the intention of the Indians nor of the commissioners, it is hereby declared that the line shall run from the said portage directly to the first fork of the Miami Kiver, which is to the southward and eastward of the Miami village; thence down the main branch of the Miami Eiver to the said village, and thence down that river to Lake Erie, and along the margin of the lake to the place of beginning. Done at Fort Harmar, on the Muskingum, tbis ninth of January, in the year of our Lord one thousand seven hundred and eighty-nine. In witness whereof, the parties have hereunto, interchangeably, set their hands and seals. 630 Appendix. Ay. St. Clair. [l. s.] Peoutewatamie, his x mark. Konatikina, his x mark. Sacs. Tepakee, his x mark. Kesheyiva, bis x mark. Chippewas. Mesass, his x mark. Paushquash, his x mark. Pawasioko, his x mark. Ottawas. Wewiskia, his x mark. Neagey, his x mark. Delawares, Captain Pipe, his x mark. Wingenond, his x mark. Pekelan, his x mark. Teataway, his x mark. Chippewas. Nanamakeak, his x mark. Wetenasa, his x mark. Soskene, his x mark. Pewanakum, his x mark. Wyandots. Teyandatonteo, his x mark. Cheyawe, his x mark. Doueyenteat, his x mark. Tarhe, his x mark. Terhataw, his x mark. Datasay, his x mark. Maudoronk, his x mark. Skahomat, his x mark. J. Williams, Jr. William Wilson. Joseph Nicholes. James Einken. Potlawaiii-mies. Windigo, his x mark. Wapaskea, his x mark. Neque, his x mark. IN presence of Jos. Harmar, Lieut.-Col. Com't, 1st U. S. Eeg't, and Brig.-Gen. by brevet. Richard Butler. .Jno. Gibson. Will. McCurdy, Captain. E. Denny, Ensign 1st U. S. Eegiment. A. Hartshorn, Ensign. Eobt. Thompson, Ensign 1st U. S. Eegiment. Frans. Luse, Ensign. Be it remembered, that the Wyandots have laid claim to the lands that were granted to the Shawanese at the treaty held at the Miami, and have declared that, as the Shawanese have been so restless and caused so much trouble, both to them and the United States, if they will not now be at peace, they will dispossess them and take the coun try into their own hands ; for that the country is theirs of right, and the Shawanese are only living upon it by their permission. They fur ther lay claim to all the country west of the Miami boundary, from the village to the Lake Erie, and declare that it is now under their raanagement and direction. SEPARATE ARTICLE. Whereas, the Wyandots have represented that, within the reserva tion from the river Eosine along the strait, they have two villages from which they can not, with any convenience, reraove, it is agreed that they shall remain in possession of the same, and shall not be in any manner disturbed therein. Relations bet-ween Washington and St. Clair. 631 APPENDIX IV. RELATIONS BETWEEN WASHINGTON AND ST. CLAIR. [See VoL I., p. 158.] In further explanation of Governor St. Clair's visit to New York, upon the occasion of the organization of the National Government, and the intimate relations between him and General Washington, the following extract is given from " Sketches of Debate in the First Senate ofthe United States, in 1789-90-91, by William Maclay, a Sen ator from Pennsylvania" 1 (p. 22): " Monday, 4th May. Went early to the post-office. As I came back, met General St. Clair. He seemed desirous of speaking with me. Said he had been to my lodgings, and asked me what I thought of the President's new arrangements. It was the first I had heard of them. " The President is neither to entertain nor receive invitations. He is to have levee days on Tuesdays and Fridays, when only he is to be seen. " I told tbe General that General Washington stood on as difficult ground as he had ever done in his life. That to suffer hiraself to be run down, on the one hand, by a crowd of visitants, so as to engross his time, would never do, as it would render his doing business im practicable. But, on the other hand, for bim to be seen only in public, on stated times, like an Eastern Lama, would be equally offensive. If he was not to be seen but in public, where nothing confidential could pass between him and ariy individual, business vvould, to all appear ance, be done without him, and he could not escape the charge of fa- voritisra ; all court would be paid to the supposed favorite, weakness and insignificance would be considered as characteristics of the Presi dent, and he would not escape contempt; that it was not thus the General gained the universal plaudits of his admiring fellow-citizens. I reiterated these ideas in every shape and in every different light I could place them, for nearly half an hour that we walked in front of St. Paul's Church. The General said that he wished to collect men's sentiments, and the design was to communicate them to the General. I told him my late conduct in the Senate had been such as would render any opinion of mine very ungracious at court, and, per haps, he had better never make mention of my name. Much more was said, but not worth coramitting to paper." (1) Friend of St. Clair, Wilson and Judge Smith. 632 Appendix. APPENDIX V. EXAMINATION OF JOHN LEITH. [See Vol. II, p. 10.] The deponent saith that he was storekeeper for himself and company at Tuscarawas, where he had a quantity of goods and furs; that there was another store at the same place, kept by James Chambers, for Mes sieurs Harailton and Greenough, where was also a considerable amount of goods and skins; that the whole property in both stores was about the value of one thousand pounds. That on Tuesday, the 27th of Septeraber, seven of the Wyandot na tion came to the store, about nine o'clock in the raorning; the de ponent and Charabers were together at his house, sitting by the fire; the Wyandots told the Delawares, a party of whom had been trading with him for sorae days, that there was war — that the hatchet was taken up; upon which, one of the Delawares came to him and bid hira rise and go with him; the deponent went with him, when the Delaware told him that Chambers would be killed ; he soon heard the stroke made at Charabers by one of the Wyandots; he was iramediately tomahawked and drawn out before the house, where he was left; the deponent having been a prisoner vvith the Delawares for twelve years, and being adopted as » brother in that nation,, was the reason, he sup poses, why his life was spared; the Wyandots took the goods and furs, except the property of the deponent, and made two parcels of them; they gave one division to the Delawares, and took the other themselves. The deponent was carried to the Delaware towns, to a place called Coshurking, on the head-waters of the Big Miami; at the time of his arrival, there was a grand council of the Indians, at which were pres ent the chiefs of the Delawares, Wyandots, Shawanese, Mingoes, Chero kees, Putawatimees, Kickapoes, and the Twigtees, with belts and speeches from the Ouiatinons, Tawas, Chipeways, and the Fox nations. The council was held on the first of October, and lasted two days and nights; they held it three miles from the town; he could not learn the object of their meeting. The deponent further saith that he met with Captain Pipe at the council, and, as soon as the council was over, the deponent was re leased from confinement; Captain Pipe and George Washington went with him to Pipe's residence, a Delaware town on the Sandusky Eiver; they iramediately went to work to collect the goods that were taken at Tuscarawas, and had collected a considerable quantity to be rede livered to the owners ; they staid two nights at Pipe's town, when Pipe, George Washington, and the deponent went to the Wyandot towns, Testimony of Captain Slough. \:i.?. where they were collecting the goods also; that the chiefs of both na tions seemed very averse to the outrage committed at Tuscarawas; the deponent verily believes that a considerable quantity of the goods will be returned; tbe deponent is of the opinion, from the frequent con versations he has had with the Indians, before and since the late affair at Tuscarawas, that the chiefs of the Delaware and Wyandot nations are for peace, but tbat the young men and bad characters of both na tions can not be kept at peace; that Simon Girty and Captain Cald well, of the British rangers, were lately at the Wyandot towns, and that he verily believes, from the information given him by a man well acquainted with tbese matters, tbat Girty and CaldweU were using their endeavors to prevent tbe Delawares and Wyandots from going to the treaty to be held at the raouth of the Big Miarai. The deponent further saith that, from every observation he could make, and from the general talk of the Indians, he is led to believe that they are, in general, averse to giving up their lands; he is certain it will be dangerous for the Continental surveyors to go on with their business, until some further treaty is raade with the Shawanese, Min goes, and Cherokees, who appear to be most averse to this business. The deponent further saith that he was at tbe Lower Sandusky, when the articles of peace between Great Britain and America were made known to the Indians; that they were told that the hatchet was only laid down, but not buried; that the Half King of the Wyandots remarked that, if it was peace, it should be buried — that there were many of their foolish young men who would take it up, unless it was covered. And further saith not.^ Sworn to before me, at Fort Mcintosh, this 17th day of October, 1785. JOHN DOUGHTY, Major ComrrUdt. APPENDIX VI. TESTIMONY OF CAPTAIN SLOUGH OF THE FIRST BATTALION OF LEVIES, COMMANDED BY MA JOR THOMAS BUTLER. [See Vol. I., p. 174; VoL II., p. 266.] Captain Slough arrived at Fort Pitt about 12th of May, and left it in July, about the last of it. He was detached to Fort Franklin ; arrived at Fort Washington the 1st of September; muskets good, but clothing for the company indifferent; the troops sometimes badly supplied with provisions on the march— not sufficient in quantity, though good in (1) MS, Harmar Papers. 634 Appendix. quality; as to flour, half a pound, and a pound and a half of beef; began to raarch early on the 3d of November, and raarched till we arrived within about a raile and a half 'of the ground on which we did after wards encamp. We remained there some time, and were ordered to march; we went on, and encamped near the bank of the St. Mary's, or a branch of it, as we supposed ; our line, the left of the right wing, en camped about one hundred or one hundred and fifty yards frora the bank of the river; dark before we got our tents pitched and fires kin dled. While I was busily pitching my tent, Colonel Gibson carae up with a raccoon in his hand, and told me if I would corae to his tent he would show rae how to dress a rnccoon Indian fashion; I went to his tent and sat down, and we were shortly after joined by Captai'U Butler; he observed that he thought if a party was sent out they inight have an opportunity of catching some of the rascals who might attempt to steal horses; I told him that I should like to command such a party; he sat some time, and then left us; Colonel Gibson, Doctor M'Croskey, and Lieutenant Kelso were present at this conversation ; they were also present when Captain Butler, on his return, and Brigade-Major Morgan, came there. One of them asked me if 1 w'ould take the command of such a party; I told him I would, provided they vvould give rae good men; Captain Butler told rae I should have volunteers, and desired me to get ready and go to General Butler's tent. Butler went to the right wing of the array — Gibson's regiraent — and mentioned it, and twenty-three or twenty-four, almost all sergeants, joined rae; in the meantime, I went to ray tent to prepare, and then went to General Butler's tent, and found a number of raen collected about the fire of the tent. General Butler asked me to walk into the tent, and ordered some wine. Mr. Denny, aide-de-camp to General St. Clair, was there also. General Butler then told me I ought to be very cautious in going out; either he or the brigade-major gave me the countersign; he directed me to call on Colonel Oldhara in my way out, and inform him where I was going. I called at Colonel Oldham's tent; he was lying down with his clothes on, who, after I informed him, requested me not to go, as he was sure ray party would be cut off, for, says he, I expect the army will be attacked in the morning; I replied that, as I had re ceived ray orders, I raust go. He then directed rae to the officer who commanded his picket-guard, with whom I fixed on a watch-word, and desired him to communicate it to his sentinels, lest I raight be fired upon in the dark. After passing the railitia sentinels, I proceeded about a raile up the path, for I had been directed to go one, two, or three miles up the path, and, when 1 came to a convenient piece of ground, to dispose of the raen in the best manner so as to intercept the Indians who came that way. About one mile from carap I halted, divided my men into two parties, about thirty or forty yards apart, on e.ach side of the path, and ordered Lieutenant Cumraings and Ensign M'Michael to take command of the party on the right of the path, and I took charge of the party to the left; ordered them all to lie close Testimony of Captain Slough. 635 down to the ground. We had not been long in this situation before six or seven Indians came along to my left, about fifteen yards from where I lay; we fired on them seven or eight guns, and, I believe, killed one; the Indians ran immediately. I ordered the men to load their pieces, and lie down without budging from the place. In about a quarter of an hour, a, large party of Indians carae along in the sarae direction, and about the same distance; after they had passed me, they stopped and coughed, and, I suppose, were trying to find me out; they then proceeded on towards camp; I thought they meant to waylay me. While I was in this situation, another party, nearly the same number, passed to the right of Cummings; Cumraings then carae up to me and asked me if I had seen that party, and he thought they were going to waylay us, saying it was a very large party, and that it would be prudent to return to camp. George Adams, who had gone out with us as my guide, came up by this time, and said lie thought it would be prudent for us to return ; and, as I found the men uneasy, I ordered them to fall into the path in Indian file and return to camp, and, if they were attacked, to defend themselves with the bayonet altogether, and not fire their pieces ; every fifteen or twenty yards we heard something moving in the woods, on both sides of the path, but could not see wbat it was ; we pushed on, and gained the militia carap as soon as possible. I halted my party near Colonel Oldham's tent, and went into it and awakened hira, about, I believe, twelve o'clock. Adaras was with me when I went out and returned, and heard the con versation. I told Colonel Oldham that I was of the sarae opinion with him th.at the camp would be attacked in the morning, for I had seen a number of Indians. I was just going to dress myself, says he, and go and inform the commander-in-chief about it; 1 will thank you to in form the general that I think the army will be attacked in the morn ing. I proceeded to 'camp, and, as soon as I had passed the camp- guard, dismissed the party and went to General Butler's tent; I saw nobody awake or up but the sentry, and then went to Colonel Gibson's tent as soon as possible; I awakened Colonel Gibson and Doctor M'Croskey, and told them of the discoveries I had made, and asked Colonel Gibson to go with rae to General Butler; he said he was stripped, and would not ; but as you received your orders from him, go and make your report to him. I then went to General Butler's tent, and, as I approached it, I saw him come out of the tent and stand by the fire ; I went up to him, and took him some distance frora the fire, not thinking it prudent the sentry should hear what I had seen ; I also told him what Colonel Oldham had said, and that, if he thought proper, I would go and make the report to General St. Clair. He stood some time, and, after a pause, thanked rae for ray attention and vigi lance, and said, as I must be fatigued, I bad better go and lie down. I went from him: and lay down, and never awakened till the firing began on the militia camp ; I liiid taken off none of my clothes, ex pecting what happened. 636 Appendix. EXTRACT FROM THE TESTIMONY OF COLONEL SEMPLE. The quavtermaster-geneval did not go down with the detachment; great deficiencies of provisions, for want of a sufficient nuraber of pack- horses by the contractors to transport them. General Butler fell about the middle, or nearly the left, of his brother's battalion, about an hour after the charge made by that battalion; carried him, after he fell, badk to the battalion, to be dressed by the surgeon. Knows of Cap tain Slough's going out with a reconnoitering party tbe evening before the action ; his party formed frora Captain Butler's company princi pally; never heard of the Indians surrounding us till we were attacked next day ; heard Colonel Oldham, the night before, raention that he had discovered fresh Indian tracks in the creek, and the tracks of horses, as if the Indians had been viewing us; he said, also, that he thought it probable we should be attacked. Just after the taps of the drums, on the morning of the 4th, I heard Major Butler interrogating Adams about the success of the enterprise of Captain Slough, the pre ceding night; Adaras replied that they had seen a number of Indians; that he (Adaras) had 'shot at and, he believed, had killed one, and wished a party to go out with him and endeavor to find the Indian. Major Butler seemed displeased that they had taken no prisoners; about this tirae, the firing began, the attack having been made on the militia ; I observed Major Ferguson preparing to fire his cannon on the Indians who were pursuing the .flying militia, and soon saw him fire, which put them in great confusion ; but they were soon rallied by their leader on horseback, dressed in a red coat. In the course of the en gagement. General St. Clair and General Butler were continually up and down the lines; as one went up one line, the other went down the other. Question ly General Si. Glair. — Did you see Mr. Morgan with General Butler, when he fell, or at any other time in the course of the action? Answer. — The first time I saw General Butler, after he fell, I saw only four soldiers with him, putting hira into a blanket; I did not see Mr. Morgan with General Butler, after he fell; I saw General Butler fre quently in the course of the action, and never saw Mr. Morgan with him at any time during the same. EXTRACT FROM THE TESTIMONY OF CAPTAIN DENNY. Question. — What did you think qf the firing in the night before the action ? Answer. — I was in company with General Butler and Colonel Gibson, Injustice of Government. 637 and we all, when we heard the firing, supposed it to be frora our own sentries, on Indians attempting to steal horses; we had no idea of any nuraber of Indians being in the neighborhood. Early in the night. Captain Butler came to the adjutant-general, and requested that he might take out a party and endeavor to waylay the Indians who might be steaUng horses He afterwards declined it, say ing it would not be proper for hira to leave carap, but that he would send out a party fit for the purpose: shortly afterwards, I was at Gen eral Butler's tent, and the j arty was paraded, and Captain Slough, I found, was the officer pitched upon; he came up to General Butler's tent, and had some conversation with him and Colonel Gibson; whether itwas to ask advice or receive orders, I know not. Dr. Brown, I think, was present at the same tirae. I reraeraber Major Ferguson being with the General the evening before the action, and that there was a plan laid for throwing up some works. This I understood to be for a place of deposit for the men's baggage. INJUSTICE OF GOVERNMENT. [See Vol. I., p. 249.] "He (St. Clair) afterwards applied to Congress to remunerate him for moneys advanced by hira while in the Eevolutionary service. Whilst his matter was before Congress, General Ogle, of the Soraerset district, in Western Pennsylvania, earnestly and eloquently reraarked: 'This was a subject not to be mentioned in the House in the face of day; the treatment of that raan ought to be spoken of here only in ihe night. For his part, if there was a statue as strong as brass, or as solid as the pillars of the Capitol, he would blow it to powder, to do justice to a soldier of the Eevolution.' "The above has been taken from a raeraoir relative to John Smilie, long a raember of Congress from the Fayette district, in Western Penn sylvania, by the late Jaines Veech, Esquire, of Pittsburgh."— il/ac%'4 Sketches of. Debate, p. 267. INDEX. Account of Indian Treaties, i, 156, ii, 108-11.3, 622-630. Acts (laws): passed by St. Clair and the judges, ii, 80 n., 167 n.; by Terr. Leg., 452 n., 523 n., 543 n. Adams, John, ii, 442. Addison, Judge, ii, 351, 423 n. Addresses, Speeches, Observations, Eemarks, Answers, and Eeplies; (1.) by Terr. Leg., ii, 473, 511, 515; (2.) by Gov. St. Clair, 53, 141, 353, 367, 438, 446, 451 »., 45b, 461, 474, 486, 501, 514, 516, 534, 538, 540, 561, 579, 587, 692, 597 ; (3.) hy others, 7 «., 56 m., 363, 457, 458, 459, 473, 486, 512, 524, 537, 539, 576. Adrain, Peter, ii, 434, 498. Advertisements; by Dr. John Con olly, i, 272 n,; hy John Emerson, ii, 5 71. Allen, Lieut.-Col. Wm., i, 375, n. Amherst, Gen. Jeffrey, i, 2 n., 3, 4 n., 5. Andre, Major John, i, 106, 528 n. Armstrong, Capt. John, ii, 268, 273. Armstrong, Gen. John, i, 97, 98, 574 ra., ii, 276. Arnold, Gen. Benedict, i, 15, 16, 20 «., 44 ra., 47, 75, 76, 82, 83, 88, 89, 106, 372 n., 443, 444, 527 n., 528 «., 529 n., 540. Assembling at Public worship with out Arms, impropriety of, ii, 300. Att'y Gen. U. S., ii, 163, 378, 379, 380, 381, 882, 384, 385. Baldwin, Col. i, 444. Baldwin, Michael, ii, 555, 556, 557, 558, 560, 565 ra. Barlow, Joel, ii, 154 n., 195 ra. Bennington, Battle of, i, 84-86. Benton, Thomas H., i, 122. Biddle, Edward, i, 102. Board of Treasury, ii, 43, 117, 471, 618, 619, 620, 622 n. Board of War, i, 543. Boudinot, Elias, i, 587 n. Boundary between Md. and Virginia, i, 263 n. Boundary Troubles between Pa. and Va., i, 10, 11, 257, et seq. Bouquet, Col. Henry, i, 7. Bowdoin, Gov. James, i, 5, 70, 71, 388, 425, 434. Bowker, Joseph, i, 421. Bradford, Wm., ii, 377. Brant, Capt. Joseph (Thayandane- gea), i, 153, 154, 155, 157 n., 158, 182, ii, 8, 51, 52 ra., 60, 61, 93, 94, 95, 100, 102, 106, 107, 109. Brant, Capt. Joseph's son, i. 152 n., 157 re., 179 n. Brodhead, Col. Daniel, ii, 1. Brown, Hon. John, ii, 222 ra., 22-5, 226, 227, 251, 432, 526, 528, 529, 552. Brown, Maj., ii, 267. Buntin, Eobert, ii, 411, 412, 533. Burgoyne, Gen. John, i, 22, 58, 60, 63, b5, 66, 68, 81, 83, 84, 88, 89, 90, 91, 898 ra., 403 n., 412, 415 »., 422, 428 ra., 427, 442, 443, 444, 447 ra., 457 ra. Burnet, Jacob, i, 211, 212, 213, 221 «., 234, ii, 441, 442 re., 525, 557, 580. Burr, Aaron, i, 372 re. Butler, Maj. E. M., ii, 280. Butler, Richard, i, 87 ra., 103 ra., 108, 110, 127, 151, 155, 171. 172, 174, 176, 312 ra., 330, 841 ra.', 342, 343, 344, 377 «., 380 ra., 881, 467, 481, 532, 533 re., 534, 535, 538 re., 558, 604, ii, 1 ra., 7 ra., 11 re, 40,' 41, 43, 46, 48, 51, 52, 60, 79, 83, 117, 150, 184 ra., 200 ra., 203, 204, 216, 217, 224, 230, 232, 240, 242, 243. 244, 251, 253, 263, 265, 266, 267 n., 278, 280, 281, 288, -301 ra., 623, 625, 630, 634, 635. Butler, Thomas, i, 377 re., ii, 633. Butler, Wm., i, 249. Byres, Hon. John, i, 587 ra. Cadwallader, Gen. John, i, 32, 33. Campbell, Col. John, ii, 231. " Camp Charlotte," i, 375 re. Canada, conquest of, by the British, i, 3-5. Carleton, Gen. Sir Guy, i, 16, 17 re., 22, 48, 590 ra. Carondolet, Gov., i, 204. Cass, Lewis, calls on St. Clair, i, 253. Cavet, James, i, 351. (639) 640 Index. Certificate as to an alleged private conversation of St. Clair, ii, 585. Charges against St. Clair, ii, 506 ra. Chew, Benjamin, i, 295, 351 re. Cincinnati, named by St. Clair, i, 102, 163. Cincinnati, Society of the, i, 590, -591 re., 592, 593. Clark, Geo. Kogers, i, 201,202, 50Gre., 511, ii, 1 »., il re., 15, 17,19,20,22, 138, 168, 176, 179, 321 re., 322 ra., 326, 327, 625. Clarke, Robert, i, 243 re., ii, 96 ra. Cleveland, Moses, i, 215. Clinton, Gen. Jaraes, i, 106 ra., 447 re. Clinton, Sir Henry (Gen.), i, 89, 100, 105, 107, 110, 477 «., 504 re., 505 re., 508, 516, 521. Committee of .Ky., ii, 222. Coit, Joshua, ii, 333. County Lieutenants, ii, 231. Connecticut Land Companv, i, ll^S. Conolly, Dr. John, i, 10, ll,Vo&, 197, 198, 272 re , 274, 276, 277, 279, 282, 284, 286, 291, 292, 293, 294, 300, 303, 307, 308, 313, 314, 315, 316, 317, 318, 319, 323, 327, 3-28, 329, 342, 343, 349i 355, 357, 358, 362, ii, 98, 101, 102, 103. Cornwallis, Charles (Lord), i, 34, 445, 517, .527 re., 546, 550, 552, 554, 555, 561 ra. Council of Censors, Penn., i, 871 n., 593. Council of "General Officers, i, 404, 420. Court-martial, proceedings of,against St. Clair, i, 447 re. Craig, Isaac, i, 548, ii, 201, 446 Craig, Col. John, i, 607 re. Craig, Thomas, i, 377 re. Crawford, Valentine, i, 297 ra., 356, 358 n. Crawford, Col. Wm., i, 282, 291, 294, 297 ra., 299, 822 ra., 330, 339, 346 re., 352 ra. Cresap, Michael, i, 260 ra., 265, 297 re., 298, 299, 315, 323, 828. Croghan, Geo., i, 260 re., 262, 263 re., 265, 267, 268, 273, 284, 297 re., 301, 303, 311, 812, ;^26, 835, 838, 341. Crown Point, i, 24, '25. Cutler, Manasseh, i, 122-136, 605 re., ii, 36 «., 620, 621, 022. Dane, Nathan, i, 122-135, ii, 607, 011, 612, 618. Dangers besetting N. W. Terr., 1797, ii,''417. Darlington, Wm. M., note by, i, 158. Darke, Col. Wm., i, 177 re., ii, 200 re., 203, 239, 240, 243, 263, 265, 270, 273. Davy, Col., i, 567. Dayton, Jonathan, i, 19-1. Deane, Silas, i, 47 ra. Decker, Luke, ii, 318. De Kalb, liaron, I, 99. Denny, ]<',benezer, i, 113, 151, 171, 180, 181, ii, 109, 190, 200, 266, 625, 630, 636. D'Estaing, Count, i, 100 ra., 486 ¦«., 487. Dickinson, John, i, 585 re., 599. District of West Augusta, i, 285 m., 357 ra. Donop, Count, i,"32, 38. Dorchester, Lord, i, 182, ii, 101, 102, 108. Doughty, John, i, 139, ii, 9, 12, 15, 23, 45 re., 95, 129, 132, 133, 134, 185, 187, 138, 140, 145, 150, 183, 633. Dougherty, Bernard, i, 9 re., 259 «., 268. Du Coigne, Baptiste, ii, 189, 141, 142. Du Moulin, John, ii, 495. Dunlavy, .Francis, i, 231, ii, 449 re., 586 re. Dunlevy, A. H., i, 248 re. Dun, Isaac B., ii, 106. Dunmore, Lord, i, 9, 10, 272, 276, 277, 281 ra., 283, 285, 287, 292, 294, 295, 296, 303, 313, 314, 316, 317, 318, 319. 344, 348 re., 354, 355, 357 re., 358, 362, ii, 400. "Dunmore's War," i, 9, 11, 296 et seq. Duportail, Chevalier, ii, 152. Edgar, John, ii, 495, 533. Emerson, John, Adv. of, ii, 5 re. Ettewein, John, ii, 420. Ewing, Gen. James, i, 32. Ewing, William, ii, 496. " Fallen Timbers," hattie of, i, 184. Fay, Jonas, i, 424. Fearins, Paul, i, 149 «., ii, 451 re., 544, 545 re., 546 re., 547 re., 548, 549, 557, 675, 576, 583. Ferguson, Major, ii, 228, 289 re, 292 ra. Fermoy, Roche de, i, 65, 392 re., 404, 405, 420, 421,441 re., 450 re. Filson, John, killed, ii, 94. Findlay, James, ii, 442, 447 re. Finley" Col. Samuel, ii, 495, 565, 571. Fitzsimraons, Hon. Thomas, i, 579, ii, 191, 278, 287, 290. Forbe.s Gen. John, i, 8, 202 n. Force, I'eter, writes Ijistory of Ordi nance of 1787, ii, 603. Fort Harmar, Indian Treaties at, i, 156, ii, 108, 622 et seq. Index. 641 Fort Lee, abandonment of, i, 27. Fort Recovery, erection of, i, 183. Fort Washington, surrender of, i, 26. " Fort Wilson Riot," i, 488 n. Fountneroy, Maj., i, 558. Franklin, Benj., i, 606, 607 re., 608. Fraser, Gen., i, 19, 22, 60, 61, 35, 90, 423 n. Frazer, John, i, 259. French of Gallipolis, ii, 190. Gamelin, Antoine, i, 164, 167, ii, 155. Gamelin, ^Capt. Fred., ii, 182. Gano, Jo'hn S., ii, 327 ra., 495, 524. Gardoqui, Don Diego, i, 199, ii, 59, 104, 121 ra. Gates, Gen. Horatio, i, 25, 27, 30, 46 n., 50-52, 54, 73, 75, 87, 88, 92, 94, 372 ra., 385, 395, 407, 441, 444, 445, 447 «., 515 re., 517 n., 526 re., 605. Gates, Gen. Thomas, i, 2 n., 6. Gayoso, Gov. See Leraose, Manuel Gayoso de. Gazette of France, an article from, ii, 129 re. Glover, Gen. John, i, 106 ra. Genet, Citizen, i, 201, 202, 203. Gerlach, Capt., i, 561. Gibault, Father, i, 165, ii, 148, 179. Gibson, John, i, 215, 272, ii, 625, 680, 684, 635, 636. Gillman, Joseph, i, 145 re. Gist, Gen., i, 557, 564. Gouvion, Col., ii, 158. Governor of Virginia, ii, 84. Greene, Gen. Nathaniel, i, 26, 31, 42 re., 93, 98, 100, 106 re., 118, 482, 492, 515 re., 527 ra., 530 ra.. 531 re., 545, 546, 547, 548, 550, 558, 562, 463, 564, 568 ra., 569, 582. Greenville, Indian Treaty at, i, 185. Haldimand, Gen. Frederick, i, 272 ra. Harailton, Alex., i, 12, 105, 115, 158 re., 255 re., 503, 506. 529 «., 588 re., ii, 209, 300 re., 317, 392. Hamilton, Henry, i, 506 re., .500, 511. Hammond, Charles, i, 233. Hamtramck, John Francis, i, 104, 107, 17.5, ii, 14, 15, 10 re., 18, 22, 28, 20, 27, 34, 45, 87, 92, 105, 180, 132 re., 135, 15.5, 160, 161, 182,18-5, 193, 198, 197, 214, 215, 239, 251, 252, 261, 269,. 270, 446. Hancock, John, i, 15 49, 55 re., 94, 99, 383, 389, 426, 489, 452 ra. Haud, Edward, i, 82, 83, 106 «., 591 ra. Ilannastown, Resolutions adopted at, i, 363-365. Harmar, Joseph, i, 139, 144, 151, 152, 168, 169, 177, 178, 467, 474, 569, 570, ii, 2, 3, 5 ra., 6, 7, 11, 13, 15 «., VOL. II. — 41 16, 18, 24, 25 re., 20, 29, .80, 36, 37, 38, 41, 42, 44, 45, 50, 51, 64, 80, 87, 88,92, 105, 129, 133, 134 re., 138, 144, 146, 150, 151, 160, 161, 179, 181, 182, 183, 184 re., 188, 193, 215, 210, 244, 251, 252, 202, 279, 289 re., 625, 630. Harrison, R. H., i, 378. Harrison, Wm. Henry, i, 121 re., 207, 214, 215, 236, 245 re., 252 re., ii, 344 ra., 422 re., 449 ra., 489, 533, 564, 570. Hartley, Thomas, i, 437. Hay, Col., i, 414, 467, 531. Hazen, Moses, i. 104 «., 493 re., 494, 495, 496, 497. 576. Heath, Gen. William, i, 531 ra., 530, 552, 559, 591. Hackewelder, John, i, 188, ii, 420, 421, 433. Herkimer, Gen. Nicholas, i, 83. Hodgdon, Sarauel, ii, 210, 217, 248, 250, 251, 273, 278, 279, 289, 293, 300, 801 re. Hooper, Jr., R. L., i, 264, 321, 360. House of Representatives, Gov. St. Clair t:>, ii, 465. Howard, Senator, J. E., ii, 530. Howe, Gen. Robert, i, 106 n., 115, 589. Howe, Sir William, i, 4, 74, 97, 98, 396, 444. Huntington, Gen. Ebenezer, i, 106 re., 591 re. Huntington, Gen. Sam'l, i, 003, 684 re., ii, 586. Hutchins, Thomas, ii, 14, 15, 16 re., 18, 19, 91, 92, 805. Indians: Cahokias, ii, 144 re.; Cayu gas, 87, 623; CLerokees, 13 re, 86, 112, 114, 146, 032; Chickasaw.^, 26, 133, 140, 302; Chippewas, i, 15-5, 150, 180 re., ii, '2, 03, 04, .81, 87, 108 re., 109, 114, 159 «., 303. 343 re., 025, 026, 632; Choctaws, 133; Creeks, 802; Delawares, i, 9, 143, 150, 160 ra., 2'^8, 304, 315, 320, 332 re., 38;^, 335 «., 380 re., 341, 343. 358, ii, 1, 2, 6, 9, 14, 10 re, 17 re, 42, 48, 50, 03, 81, 82, 87, 90, 100, 106, 108 re., 109, 114, 140, 157 re., 303, 343 re., 401, 625, 620, 032, 083; Foxes, 632; Hurons, i, 338; Jiaskaskias, ii, 31, 401 ; Kickapoos, i, 153, ii, 88, 89, 139, 155 re., 156 re., 159 re., 228, 236, 238, 401, 402, 632; Mascoutins, i, 138; Menomonees, i, 138; Miamis (Twightwees),i, 9, 153, 155, 160 re., ii, 100, 132 re., 155 re., 157 re., 158 re., 159 re., 228, 286, 244, 343 re., 401, 632; Mingoes, i, 296 re., 300 ra.. 64i Index. 306 ra., 313 ra., 317 ra., 348 «.. ii, 632; Mohawks, i, 153, 157 n., 178, ii, 52 )*., 102, 106, 628; Mohicans, i, 9, 313 re.'; Mouseys, 9, 326; Mo ravians, ii, 13, 42, 201, 420, 421, 483, 434; Nez Perces, i, 138; Onei das, ii, 87, 023; Onondamis, 623; Ottawas (Tawas), i, 155, 156, 388, ii, 2, 50, 64, 81, 87, 108 re., 109, 140. 159 re., 343 re., 025, 026, 632; Pe orias, 144 /(., 401 ; Piankeshaws, 28, 33, 89, 139, 155 re.; Pottawatomies, i, 155, 150, ii, 100, 108 re., 109, 114, 343 n., 376, 625, 632; Sacs, i, 156, ii, 106, 108 re., 109, 114, ]40, 625; Saganaws, 194; Seneeas, 40,82 83, 87,88,100, 109,023; Shawancsc,i,9, 153, 290 re., 297, 298, 299, 304, 300 re., 309, 312 re., 318 «., 314 315, 316 re., 317 n., 318, 320, 3.32 re., 33.3, 334. 335, 337, 338, 339, 341. 3415 re., 847 re., B48 re., 357 re., ii, 6, 9 re., 11 re, 12 re., 16 re., 17 re., 19, 102, 106, 109, 110, 112, 140, 146, 155 «., 157 re., 158 re., 159 re., 201 re., 303 re., 348 re., 387, 401, 402, 030, 632; Six Nations, i, 9, 143, 298, 300 re., 304, 315, 320, 835, 338, 341, ii, 7, 8, 48 ,0,, 52 re., 82, 83, 87, 88, 99, 106, 108 re., 113, 158 re., 1.59 re., 213 re., 623; Tuscarawas, 623; We.as, 33; Win nebagoes, i, 138; Wyandots, 143, 155, 156, 338, ii, 2, 6, 9, 14, 16 «., 17 re., 48, 58. 81, 82, 88, 90, 99, 100, 108 re., 109, 110, 112, 113, 114, 126, 158 re., 159 re., 303, 343, 025, 020, 630, 632, 633. , Ini ustice of the U. S. to St. Clair, i, 249, ii, 637. Instructions: to St. Clair, i, 471, ii, 36, 115 re.; to Paul Fearing, 545 -n.; to Col. Jos. Harmar, ii, 3 ;/.;, to Gen. James Wilkinson, ii, 227. Irvine, Gon. Williara, i, 18, 21, 108, 109, 112, 116, 127, 255 re., 3'2.''), 492, 531, 5.)8 n., 541, 54-2, 543, 549, 550, 552, 554, 555, 556, 557, 560, 582, 583, 585, 587 ra., ii, 48, 84 re. Jackson, Maj. A., i, 587. Jay, John, i, 72, 79. 80. 81, 198, 433, 434, 601, 602, 608, ii, 101, 121 re., 528. Jefferson, Thoinas, i, 527 re., 004, 008, ii, 40, 101 re., 127, 312, 319, 332, 350, 393, 529, 570, 606, 612. Johnson, Sir John, i, 83, 153, 412 ii, 13. Jones, Gen., i, 504. Jones, Paul, i, 690, 609, ii, 127, 129 re. King, Rufus, i, 123. Knox, Gen. Henry, i, 31, 99, 106 re.. 154, 172, 547, 562, 591 re., ii, 6 n., 47, 84, 90, 92, 100, 100, 107, 129, 147, 148, 149, 102, 181, 180 re., 193 /(., 195 re., 200, 201, 202, 210, 224, 230, 232, 233, 240, 241, 242, 213, 245, 247, 249, 207 re., 209, 275, 301 re., 802. Knyphausen, Gen., i, 97, 98. Kosciusko, Thaddeus, i, 51, 82, 448 re. La .Fayette, Maiquis de, i, 12, 96, 100, 101, 100 re,, 107, 110, 164, 4.58, 515 re., 518 re,, 527 re., 529 re., 5,32, 533 re., 530, 540, 541, 542, 550, 009, ii, 127. Larned, Gen. Siraon, i, 88. Lawrence, Gen., i, 100 n. Laws of the N. W. Terr. See Acts. Lear, Tobias, ii, 282. Ler, ArUiur, ii, 023, 626. Lee, Gen. Charles, i, 27, 28, 101. Lee, Richard Henry, i, 158 re., ii, 2 re., 010. Legislative Council, St. Clair to, ii, 470. Leith [Leeth], John, ii, 9, 10 re., 632. Lemose, Manuel Gayoso de, ii, 389, 401. Lenox, Maj. David, i, 480 re. Letters : from St. Clair to William Allen, i, 375; Capt. Jno. Arm strong, ii. 208. 273; John Adams, 442; Att'y-Gen. U. S. 163; Gov. James Bowdoin, i, 425, 434 ; Board of War, 543; Gen. Richard But ler, ii, 52, 79, 150; Board of Treas ury, 43, 117; John Brown, 225, 432; Mili. Brown, 267; Maj. B. jr. Butler, 280; Robert Buntin, 4J1; Dr. Jno. Conolly, i, 327; Benj. Chew, 295; Joshua Coit, ii, 333 ; Committee of Ky., 222; Col. Jno. Campbell, 231 ; County .Lieu tenants, 231; Col. Davy, i, 567; Luke Decker, ii, 318, Jonas Fay, i, 424; Benj. Franklin, 608; Maj. Fountneroy. 558; Thomas Fitz simmons, 579, ii, 278; French of Gallipolis, 190; Paul Fearing, 549, 557; Gen. Nathaniel Greene, i, 482, 564; Capt. Gerlach, 561: 31. Gar doqui, ii, 59; Governor of Vir ginia, 84; John Hancock, i, 426, 439; Col. Hay, 414; Joseph Har mar. ii, 144; .Iohn Francis Ham tramck, 130, 239; yVlex. Hamilton, 200, 317; Wra. Henry Harrison, 489 Sarnuel Hodgdon, 248; Sara uel Huntin,gton, 580; House ot Representatives, 405 ; Gen. Wm. Irvine, i, 492, 5.54, 555, 556, 557, 683, 585; Thomas Jefferson, ii, 332; Juhn Jjiy, 101; Gen. Henry Index. 643 Knox, 92 et seq., 106, 233, 240, 245, 249, 269 ; Israel Ludlow, 2O0, 230, 246; Legislative Council, 470; Col. Mehelm, i, 469; Kobert Morris, 458; Frederick Muhlenberg, 543; Gen. Alex. McDougall, 573; Jauies Monroe, 599; Maj. Murray, ii, 180; Nathaniel Massie, 426 re., 420, 569 re.; Jolm JSIarshall, 407; James Madison, 599; Gov. Nelson, i, 562; Officers of Penn. Line, 580; Gov. Jno. Penn, 279, 296, 302, 304, 806, 314, 317, 822, 32-5, 3'26, .328, 331, 338, 340, 343, 345, 347, 3.50, 354, 361; President of Cong., 365; President of the U. S., ii. 111, 123, 164, 198, 279, 282, 284, 285, 390, 431,438, 442, 484, 488, 573; Par sons and Varnum, 61, 61, 07, 72; Sarauel H. Parsons, 91 ; Joseph Parks, 436; Timothv Pickering, 494; Joseph Eeed, i, 460, 479, 484, 488, 532, 544; Edmund Randolph, ii, 812; Jaraes Ross, 409, 480, 555; Gen. l-'hilip Schuyler, i, 396, 401, 406, 410, 411, 41.:i, 415, 419, 423; Joseph Shippen, Jr.. 260, 205, 207, 273,274, 284, 345, 353, 358; Mrs. St. Clair, 5'29 re,, 560; Col. Sproat, ii, 340; Winthrop Sargent, 33.5, 404, 405; Sec. of War, 40,43,46, 48, 50, 57, 63, 81, 85, 87 el seq., 95, 99, 108, 115, 136, 156, 183, 188, ,190, 192, 203, 212, 202, 277, 321, 337, 445, 464; Sec. of State, 320, 390, 421,443,532; Gov. Isaac Shelby, 320, 386; Bri<:. Gen. Charles Scott, 207, 226; Wm. St. Chiir, -372; Capt. Sedgwick, 462, 403, 404; Jaraes Smith, 495; Charles Thora son, 97; The Judges, 189; Judge Turner, 218, 311, 330; Eusigu Til linghast, 272; Geo. Tod, 581; Judge Varnum, 90; Maj. Wyllys, 98; Gen. James Wilkinson, 227, 4'27; Dudley Woodbridge, 543; Thomas Worthington, 553 re.; WiUiam Wells, 497; Oliver Wal cott, 378, 383, 406, 472; Jaraes Wilson, i, 38'2, 402; Gen. .-Xnthony Wayne, 477, 435, 580; Gen. Geo. Washington, 429, 472, 475, 480, 489, 494, 498, 499, 502, 515, 518, 525, 531, 533, 542, 545, 516, 549, 553, 559, 503, 505, 568, 572, 588; Ebenezer Zane, ii, 98. Letters: To St. Clair from Peter Adrain, ii, 434, 498; Judge Addi son, 351; Joseph Bowker, i, 421; Col. Baldwin, 444; Gen. Eichard Butler, ii, 46, 51, 60, 244; Joel Barlow, 154 re.; Maj. E. M. Butler, 280; Jacob Buruet, 525; Jno. Brown, 526; Dr. John Conolly, i, 327; Geo. Croghan, 202, 303; Jaraes Cavet, 351 ; John Dickin son, 585 /I., 599; Bernard Dough erty, 268; Isaac B. Dun, ii, 106; Chevalier Duportail, 152; John Ettwein, 420; Wm. Ewing, 496; J. Edgar, 633; Benj. Franklin, i, 606; Thomas Fitzsiraraons, ii, 191; Major Ferguson, 223; Paul Fear ing', 558, 583- Gen. Horatio Gates, i, 445, 605; Gen. Nath. Greene, 482, 550, 568; M. Gardoqui, ii, 59'«.; Father Gibault, 148; Gov. Gavoso, 389; Col. Gouvion, 153; R. L. Hooper, Jr., i, 204, 321 ; Cot Thoraas Hartlev, 437; Gen. Joseph Harmar, 509, "ii, 30, 133; John Francis Hamtramck, ii, 197; J. E. Howard, 530; Gen. Wm. Ir- vini', i, 531, 582; Maj. A.Jackson, 587 ; Paul Jones, 590, 009, ii, 127 ; Gen. Henrv Knox, 47, 84, 100, 107, 148, 149, 162, 181, 202, 232, 242, 247, 275 ; Marquis de La Fayette, i, 458; Col. Long, 458; Capt. de Luziere, ii, 199,491; Tobias Lear, 282; James Madison, i, 244-246; R. K. Meade, ii, 113; Jaraes Mc Henry, 395; John Marshall, 530; Viscount Malartic, 406; Stevens T. Mason, 531 ; ^neas Mackay, i, 269, 271, 312, 330, 343; Gov. John .Penn, 276, 305, 320, 335; Judge Parsons, ii, 120; Judges Parsons and Varnum, 09'; Pre.-ident of Cong, i, 372; Hon. Jno. Potts, 578; President of the U. S., ii, 125, 283, 285; Tiraothy Pickering, 338, 343 ; Joseph Reed, i, 407, 492, 558; Gen. E. Rutherford, 505; James Ross, ii, 422, 529; Edmond Randolph, 350; Gen. Philip Schuy ler, i, 405, 409, 412, 438; Judges Symmes aud Turner, ii, 187; Judge Symmes, 339, 347; Major-Gen. Steuben, i, 592; Josepli tihippen, Jr., 271; Senator Schureman, ii, 530; William Smith, i, 28.3, 323, 359; Joseph Spear, 284; Thonias Smith, 300, 370, 373; Col. Sproat, ii, 224; William St. Clair, 143, 310; Gen. Wra. Thorapson, i, 307, 379; Jaraes Tilghman, 813; Judge Turner, ii, 326, 345, 348, 351 ; Bar tholomew Tardiveau, 117; IJnited States, i, 606; James Wilson, 324, 379, 381, 383, 892, 417, ii, 119; Gen. Wilson, i, 257; Col. Joseph Wood, 644 Index. 877; Gen. Geo. Washington. 392, 469, 470, 472. 473, 474, ^76, 478, 493, 497, 499, 601, 503, 620, 628, 630, 535, 537-541, 548, 551, 552, 561, 567, 677, 591 ra., 592, ii, 554 ra.; Jaraes Wilkinson, i, 407, 442, 443, ii, 233, 310; Gen. Anthony Wayne, 374, 387; Oliver Wolcott, 385, 403; David Zeisberger, 433. Lcttei's: Gen. John Arrastrong to President ofthe U. S., ii, 276; John Byres to Gen. Wm. Irvine, i, 587 re.; Capt. Joseph Brant to Richard Butler, ii, 60 re.; Wm. Bradford to Sec. of the Treas., 337; John Brown to Thoraas Worthington, 528; Wm. Craw ford to Gov. John Penn, i, 291 ; Valentine Crawford to Geo.Wash- inijton, 850; Isaac Craig to Gen. Henry Knox, ii, 201; John Doughty to Maj. Wyllys, 134; same to Sec. of War, 9; Lieut. E. Denny to Gen. J. Harmar, 200: Lord Dun more to Gov. Penn, i, 285; Benj. Franklin to Gov. Clinton, 607 ra.; sarae to Col. John Craig, 607 re.; Samuel Findley to Thoraas Worth ington, ii, 565 re.; Gen. Horatio Gates to Gen. Geo. Washington, i, 395 ; Col. R. H. Harrison to Gen. Philip Sehuyler, 378; Gen. J. Har mar to Gen. A. Wayne, 403 re.; same to Sec. of War, i'i, 0, 7, 11, 13, 14, 16, 18, 19, 22, 23, 24, 26, 30, 37, 38, 42, 44, 45, 64, 87; same to iWaj.- Gen. Knox, 129; same to Presi dent of Congress, 3 ; same to John Francis Hamtramck, 92; Gen. Wra. Irvine to Richard Butler, i, 60; Dr.. Wm. A. Irvine to Wm. Henry Smith, 255 re. ; Thomas .Tef- fersou to Gov. Isaac Shelby, ii, 319; Gen. Henry Knox to Richard Butler, 210, 224, 230, 232 ; same to the President U. S., 240, 441, 248; Israel Ludlow to 'Thomas Worth ington, 570 ; Nathaniel Macon to Thomas Worthington, 690; Na thaniel Massie to Jaraes Madison, 503; siune to Thoraas Worthing ton, 55-2, 559,572,591,509; Return J. Meigs to Thonias Worthington, 527, 580; New Harapshire Cora. of Safety to Delegates in Cong., i, 394; Gen. E. Poor to Gen. Horatio Gates, 396 «.; President ofthe U. S. to Gov. of Virginia, ii, 114; sarae to Sec. of Wiir, 186 «.; same to Col. Wra. Darke, 203; same to C. W. Byrd, i, 240; Rufus Put nara to Gen. Henry Knox, ii, 302; same to Thomas Worthington, 413, 471; Gov. John Penn to Lord Dunraore, i, 277, 287; Count de Segur to Count Montmorin, 128 re.; Winthrop Sargent to officers at Gallipolis, 200; same to Judge Syraraes, 300, 310 re.; same to Capt. Pierce, 327; same to Judge McMillan, 328; same to Sec. of State, 329; Gen. Philip Schuyler to Gen. Geo. Washington, i, 412; same to Gen. Anthony Wayne, 478; Edward Tiffin to President of the U. S., 481 ; same to Thomas Worthington, 553, 571, 674; Tiffin and others to Inhabitants of East ern Portion of N.W. Terr., 624; John Tod to Jaraes Madison, 584; Anthony Wayne to President of Cong., i, 384; sarae to Gen. Hora tio Gates, 385, 393 ; sarae to Gen. Philip Schuyler, 380, 387, 391; sarae to Gov. James Bowdoin, 388; sarae to Johu Hancock, 389; same to Col. G. Van Shaick, 390; same to Gen. Geo. Washington, 463 re.; Seth Warner to Vermont Conven tion, 418; Jaraes Wilkinson to Gen. Horatio Gates, 51, 407; Thoraas Worthington to the Pres ident of U. S., ii, 565; Gen. Geo. Washington to Jlarquis de La Fay ette, i, 519 re.; same to President of Congress, 524 re.; same to Com manding Officer at West Point, 527. Liehert, Philip, Report of, ii, 16 re. Ligonier Valley, first settlement of, i, 7 ; description of, 8. Lincoln, Gen. Benj., i, 44 re., 87, 95, 183, 384, 441, 443, 457 re., 556, 586 re. Little Turtle, i, 170, 178, 183. Livingston, Chancellor, i, 158 re. Logan, Coh Benj., ii, 19, 21, 214, 271. Long, Col. Pierse, i, 05, 66, 420, 421, 453. Losantiville (Cincinnati), ii, 130. Ludlow, Israel, i, 194, ii, 209, 210, 230, 246, 295, 337 ra., 444, 552, 576, 576. Luzerne, Chevalier de la, i, 590. Luziere, Capt. dc, ii, 199, 491. Mackay, .^neas, i, 269, 271, 295 re., 312, 313 re., 318 ra, 319 w., 323 re., 830, 831, 341 re., 343, 344. Macon, Nathaniel, ii, 590. Madison. James, i, 244-246, ii, 563, 584, 599. Magaw, Col. Robert, i, 365 re. Index. 645 Malartic, Hypolite de, ii, 406 etseq. Marshall, John, ii, 497, 530. Marietta, Address of Citizens to St. Clair, ii, 56 re. " Mason and Dixon's Liue," ii, 263 re., 278, 290. Mason, Stevens T., ii, 531, 552. Massie, Nathaniel, ii, 426 re., 428, 448 «., 449 ra., 495, 523, 527, 552, 559, 560 ra., 563, 507, 568 «., 569 n., 571, 572, 591, 599. Maumee Indian Towns, expedition against, i, 108-170. May, Col. John, Journal of, i, 150. "Mavflower" arrives at Marietta, i, 139 re. McCormick, Alex., statement of, ii, 9, 10 re. McDougall, Gen. Alex., 1,101,470 re., 472, 476, 522, 527 re., 578. McHenry, James, ii, ;^95. McKean, Hon. Thomas, i, 556 re. McKee, Alex., i, 156. 157 re., 160 »., 283 ra., 298, 302, 330, 333 -n., 338, 341, ii, 13, 106, 194. McLean, Capt., ii, 446. McMillan, Judge, ii, 328, 557. Meade, Col. R. K., ii, 113, 114 re. Mehelm, Col., i, 469. Meigs. Return J., i, 145 re., 148, 149 ra.!; 247, ii, 79 ra., 80 «., 1^4, 527, 580 ra. Mercer, Gen. Hugh, i, 31, 36, 38, 39, 40 ra., 381. Message of St. Clair to House of Eep., ii, 472. Mifflin, Gen. Thomas, i, 88, 44 ra., 100, 101 re., 159, 201, 325 ra., 383, 480 re., 483, 557, ii, 184. ' Miami Indian Towns, Expedition against, i, 171-177, ii, 240-271. Miami Company, ii, 333. Miro, Gov., ii, 122. Montcalm, Marquis de, i, 3. Montgomery, Gen. Richard, i, 16. Monroe, James, i, 699, 000 ra. Morgan, Gen. Daniel, i, 87, 88. Morgan, Gen. Geo, ii, 102. Morris, Gouvemeur, i, 72, 78, 440 re. Morris, Gen. Lewis, i, 14. Morris, Robert, i, 93, 305 ra., 458, 480 ra., 501 re., 572, 680 ra. Morrow, Jeremiah, i, 23. Moravian Indians. See Indians. Moravian Missionary Towns, i, 144 ra., ii, 2 ra. Moylan, Col. John, i, 544. Muhlenberg, Gen. Frederick A., i, 116, 117 ra., 447 re., 543. Murray, Maj , ii, 186. Nelson, Gov., i, 562. "Newburg Addresses," i, 674 re. Neville, John, 301 re., ii, 403. " New Counties Controversy," ii, 515 et .seq. Nicolet, John, discovers the N. W., i, 137. Observations, etc., by St. Clair, ii, 307. Official Instructions. See Instruc tions. Ofiicial Proceedings of House of Rep., ii, 5J2 re. Official Records of the N. W. Terr., ii, 131 re., 310, 330 re., 344 re., 438 re. Officers of Penn. Line written to by St. Clair, i, 580. O'Harra, Gen., killed, i, 546. Ohio Company (new), i, 124, 126, 150, 33.3, 471, ii, 201 re., 509. Ohio Corapany (old), i, 263 re. Ohio. Temporary Settleraents in, in 1785, ii, 3 re., 4 re. Oldhara, Lieut.-Col., ii, 265, 266, 267, 278, 034, 636. Oliver, Robert, ii, 612. Ordinances for Sale of Lands, i, 128, ii, 618-622. Ordinance of 1787: history of, i, 118 et seq., ii, 603 et seq.; copy of, 612-618. Parks, Joseph, ii, 436. Parsons and Varnum, Judges, ii, 61, 64, 07, 69, 72. Parsons, Gen., i, 106 re. Parsons, Samuel Holden, i, 135, 140, 144 re.. 193, ii, 36 re,, 51, 58 re., 61, 64, 67,' 69, 72, 91, 120, 884, 402. Patterson, Gen. John, i, 106 re., 420, 421, 441 71. Paulding, John, helps capture Andr^, i, .528 re. Penn, Gov. John, i, 261 re., 271, 278 re., 275 re., 276, 277, 278 n., 279, 285, 287, 291, 296, 302, 303. 804, 305, 306, 308. 814, 317, 320, 322, 324, 325, 326, 328, 331, 335, 338, 340 343, 345, 347, 360, 351 re., 364, 361' Penn, Gov. Richard, i, 261 ra., 273 re.' Pentecost, Dorsey, i, 282. Phillips, Maj.-Gen. Wm., i, 60, 63, 00, 10.5, 442 re., 505re., 509,511,512, 518. Pickering, Timothv, i, 44 128, 133 re., 183, ii, 338, 848, 494, 570, 571. Pierce, Capt., ii, 327, 330 re., 404. Plan of Gov. for Penn., i, 593 ei seq. Poole, Wm. Frederick, i, 122-185. Poor, Gen. Enoch, i, 54. 90, 895 re., 396 ra., 420, 421, 441, 449 re. Potts, Hon. John, i, 578. , Posey, Thomas, ii, 451 n. 646 Iiidc.r. Princeton, battle of, i, 38, 370 re, 381 re. Proclanuitions: hy Gov. E. Miro ii, 122; by Gov. 6t. Clair, 107, 108, 211 re, 321-3-2.5, 321 n., 344 re., 345 re., 386 re.; by Maj.-Gen. An thony A\''ayi:c, 343. Proctor, Col. John, i, 546, 546, 547, 548, ii, 205 re., 212, 210, 217. Proposals, by Geo. Rogers Clark, for raising volunteers to reduce Span ish posts, ii, 322 re. President of Cong., i, 806, 372. President of the^U. S., ii, 111, 114, 120 re., 123, 124 re., 125, 147, 104, 196, 198, 214, 240, 241, 243, 247, 279, 28'2, 283, 284, 285, 294 a., 390, 431, 438, 441, 442, 482, 484, 488, 56.5, 573. Public Notice of Citizens of the .Mi ami Purchase, ii, 328 re. Pulaski, Count, i, 98. Putnam Rufus, i, 77, 93, 101, 139 «., 140, 145 re., 148, 140, 183, 238, 308 n., 413, ii, 36 re., 51, 70 n , 80 re., 302, 333, 393, 413,471. Quebec, capture of.^i, 3, 4. Randolph, Beverly, i, 183. Randolph, Edmund, ii, 312, 342 re., 350. Rawdon, Lord, i, 557. Reed, Josenh, i, 12, 35, ]02, 103, 325 re., 400, 461, 462, 407, 47'.), 480 re., 484, 488, 492, 522, 523, 532, 534, 537, 538, 544, 558. Reidesel, Maj.-Gcu., i, 00, 90, 423 re., 501. Relations between Washington and St. Clair, i, 158, ii, 031. Remarks: Paul Fearing, ii, 570; St. Chiir, 561, 502. Report of Officiiil Proceedings in Il linois Countr}', ii, 105 re. Revolt of the Penn. Line, i, 107 et seq. Rochambeau, Count de, i, 515 re., 520 71., 525 re., 527 n., 552. Ross, James, i, 180, 187, 223, ii, 400, 422, 480, 529, 555. Roj'al American liegiraent, i, 3 n. Rutherford, Gen. G., i, 505. Sargent, Winthrop, i, 135, 140,' 148, 104, 107, 207, ii, 30 re., 78 u., 17!), J 85, 208, 275 re., 300, 310, 312 re., 327 re., 328, 320, 335, 336 re., 330, 340, 404, 40.5, 413, 424, 020, 621, 622. Schureman, Senator, ii, 530. Schuylei', Gen. Philip, i. 12, 17 •«.,24, 25 're., 45, 40, 48 re., 50, 53, 50, 57, 50, 05, 66, 72 re., 73, 70-82, 87, 93, 94 re., 372 re.., 378, 385-387, 391, 390, 307 re., 401, 403 ii , 40.5, 4U0, 410, 411, 413, 415, 418, 419, 423, 4'26, 427,'433, 430-441, 443, 449 re., 453 re, 478, 497. ii, 300 re. Scott, Gen. Charles, i, 184, ii, 207, 21-2, 213, 217, 223, 226, 233, 23-5, 238, 251, 209, 271. Sec. of State, ii, 320, 329, 390, 421, 443. Sec. of War, ii, 40, 43, 40, 48, 50, 57, 03, 81, 83, 87, 95, 99, 108, 115, 132, 130, 140, 1.56, 183. 186 re., 188, 190, 192, 203, 205 re., 212, '262, 277, 301, ¦re.. 321. 337, 445, 404. Sedgwick, Capt., ii, 402, 403, 464. Segur, Count de, ii, 127, 128 re. Semple, Col., ii, 030. Sevier, Gen., ii, 216. Shelhy, Isaac, ii, 214, 319, 320, 321, 386". Sherraan, Roger, i, 158 re. Shippen, Jr., Joseph, i, 200 265, 207, 271, 273, 274, 283, 284, 315, 351 re., 353, 358. Sibley, Solomon, ii, 580 n. .Skinner, Gen , i. 500. Slavei'y in N. W. Terr., i. 120. Slough, dipt., i, 174, ii, 259, 206, 277, 278, 180, 281, 2.^2, 033. Smith, Oevci'eux, i, 271 re., 277 re., 295 ra.. :;0S •;(, 310 ;/.. 3."i2. Sraith, .James (shei'itl'l, ii, 405. Smith, Thomas, i, 300, 370, 373, 383, 405 re., 480 n. Smith, Williara, i, 283. 323, 350. Society of the Cincinnati, i, 590, 591 re., 592, 593. Spear, Joseph, i, 284, 285, 334. Spencer, Oliver, ii, 405. Sproat, Ebenezer, i, 148, 149, ii, 224, 340, 344 re., 405. Stark, Gen. John, i. 84, 85, 444. Statement-,: Sec. of War, ii, 140; Jr)hn Strothei', 302. St. Clair, Arthur, bii'th and educa tion, i, 2; entei's the British army as ensign, 3; takes partin the cap. ture of Louisburg and Quebec, ib ; his marriage, 5; he retires from the array, 0; settles in Western Penn., 7; appointed lo various civil offices, 9; champions thc cause of Penn. in the Wo-t, in boundary troubles with Va., 10, 200 cf seq.; watches Penn. interests in "Lord Dunmore's War." 290 etseq.; takes sides, in 1775, with the patriots, 14; raises Second Penn. iieg., 15; marches to Canada as its Col., 16; takes partin atterapt against Three Index. 647 Eivers, 18 ct .seq.; marches to Crown Point, thence to 'ficonder- oga, 24; spends the summer (1776) at that post, 25 ; elected Brig. Gen., ib.; joins Washington in N. Jersey, ib.; takes part iu battles of Trenton and Princeton, 30 et .seq.; pro raoted (1777) to Jlaj -Gen., 44; oi'dered to the coramand of Ticon deroga, 53 ; attempts repairs upon that fortification, 50; evacuates the post, 04 et seq.; retires to Ft. Edward, 09; goes to headquarters, 92; demands a court-maitial, 93; its refusal, ib.; his activity and bravery at Brandywine. 04, 08; is pei'initted "to attend to his private affairs," 94; acquitted by court- martial of all charges, 95; is con gratulated, 96 ; arduous and valu able services rendered by him in 1780, 101, et seq.; is appointed oue of I he tbree coraraissioners to settle a cartel for exchange of prisoners, 105; failure of negotiations, ill.; commands a corps of light in fantry, 107; takes part against revolt in Penn. line, 108; is put upon recruiting duty in Penn., Ill; joins the army before York- town, 112; sent to Gen. Greene iu S. Carolina, with six regiments, 113; returns to his family, 114; in 1783, lurloughs veteran soldiers, ib.; quiets a ineeting of the " new levies," 115; returns to private life, 116; is elected mem. Board of Censors of Penn., iu 1783. ib.; chosen vendue-master of Phila delphia, 117; in 1786, elected to Cong., ib ; in 1787, chosen presi dent, ib.; labors for the creation of a Gov. for the N. W. Terr., 130; elected its Governor, 135; arrives at Marietta, 130; helps the judges to pass laws fbr the N. W. Terr., 145 et .seq.; holds treaty with western Indians, and Six Nations, at Fort Harmar, 156; is iu New York at \Vashington's iii'st inauguration, 158; returns to the west, 150; names Cin cinnati, 162; goes to the Il linois country, "l 64; sends Gen. Hai'mar against Maumee In dian towns, 168; appointed M:ij.-Gen. U. S. array, 170; is to march against Miami Indian towns, 171; moves his army for ward trom Fort Washington, 173; constructs Forts Hamilton and Jefferson, ib.; enters the wilder ness, ib ; is attacked by the sav ages, 174; defeated, 175; his bear ing upon the battle-field, 170 re.; sends official dispatch to Sec. of War, 170; resigns his comraand in the army, 182; in 1792, visits Penn., 188; revises, with the judges, territorial laws, 188; makes frequent journeys in N. W. Terr., 192; appoints his son Att'y Gen.; issues a proclamation against in vasion of Louisiana, 202; declares his opinion concerning slavery in N. W. Terr., 200; issues a pi'ocla- mation for election for representa tives for N. W. Terr., 208; is given the veto power, ib.; ad dresses the second Gen. Assembly, 217; is reappointed Governor, 222; is threatened by a mob, 2.'4; becoraes an ardent federalist, 234; answers charges made against him, 240; removed frora the office of Governor, 244-240; returns to his home at Ligonier, 248; his flnancial troubles, 249-252 ; driven from his home to a "barren hearth;" 252; his death, 254; a raonument erected to his meraory, ib.; his name to be held in grateful remernbrance, 250; his corre spondence, addi'esses, etc., while Gov. of the N. W. Terr., ii, 50 et seq. St. Clair, Jr., Arthur, i, 2 n. .St. Clair, Lieut.-C'jl. Jaraes, i, 2 ra. St. Clair, Jane, i, 100. St. Clair, Louisa, i, 157 re., IOO, 161, 179 re., 180 re. St. Clair, Margaret, i, 160. St. Clair, Mrs. Author, i, 160, 529 n., 560, 552, 553, 500. St. Clair, Sir John, i, 483. St. Clair. Wm., i, 2 re., 155, ii, 143. 316, 372, 441. St, Clairs, the, i, 1, 2. Stephen, Gen. Adara, i, 31, 44 re., 205 !j.,'384, 483. Steuben, Baron, i, 158 re., 527 re., 5-50, 592. ¦ Stirling, Gen. Wra. Alex., i, 31, 44 n., ¦ 383, 1)00. St. Louis, nicknarae of, ii, 32. Stony Point, storming of, i, 103, 104. Sullivan, Gon. John, i, 18, 10, 2:i, 28, 32. 93, 368 re., 369 re., 393 re., 398 n., 417, 537, 538 )*. Suggestion for a Plan of Gov. See Plan of Gov, Symmes, John Cleves, i, 135, 151, 648 Index. 102, 103, 191, 194, 231, ii, 24, 30 re., 131 re., 187, 210, 211 n., 212 re, 222 re., 300, 810, 312 re., 31-1, 333, 339, 347, 352, 353 re., 863, 367, 372, 374, 396, 444 re., 455, 460, 407, 468, 469, 471, 481, 507, 508, 509, 536, 546 «., 580 re., 621, 622. Syraraes, Polly, i, 151. Tardiveau, Bartholoraew, ii, 117, 118 re., 119 re. Testimony of Major Zeigler, extract frora, ii, 290 re. Thanksgiving Proclamation by St. Clair, ii, 107. Thayandauegea. See Capt. Joseph Brant. The Judges, ii, 189. "The Republic," by John C. Hamil ton, criticised, ii, 300 re. Thoraas, Gen. John, i, 10, 17, 366 re. Thomson, Charles, ii, 37, 78 re., 97, 61 8. Thompson, Gen. Wra., i, 17, 18, 19, 21, 367, 368 re., 369 re'., 380 re., 381 re., 599. Three Rivers, atterapt against, i, 18- 23, 369 re., 380 re. Ticonderog'a,American army located at, i, 25; defensive work, iu 1776, begun there, 45; number of its garrison in that year, 46; Col. An thony Wayne in coramand of, 48; wretched condition of its garrison the next winter, 49; the post in danger, 50; want of supplies, 61 ; deplorable condition of the post, 63: Gen. St. Clair takes command, ib.; the weakness of the garrison, 65; repairs on the old fortifications go on, 66; description of the for tress, ih.; signs of danger apparent, 60; approach of ttie British under Burgoyne, 61; skirmishing near the fort, 62; the eneray gain a. commanding position, 64; the evacuation of the post resolved upon, ib.; its accomplishment, 65 et seq.; the panic caused by its abandonment, 71. Tiffin, Edward, i, 121 ra., 280. 231, 237, 2:j9, 240, 147 re, 461, 485', 513, 52-5, 552, 553, 657, 574, 692 re. Tilghman, James, i, 313. Tillinghast, Ensign, ii, 272. Trenton, battle ot; i, 31. 32, 379 re. Tod, Geo., ii, 581, 584. ' Tupper, Gen. Benj., i, 149 ra. Turner, Judge Geo., i, 145 re., 196, ii, 187, 212 n., 218, 222 « , 311, 312 re., 825, 330, 342 ra., 34-5, 848, 350, 351, 853 re., 354 368, 367, 872, 373, 396, 397. Vance, David, ii, 442 «., 495. Vancleve, Benj., i, 163 ra. Vanderburgh, Henry, ii, 342 re., 353 ra, 397, 398, 441, 442, 485, 504. Van Schaick, Gozen, i, 390. Van Wart, Isaac, helps capture An dre, i, 528 re. Varnum, Judge .James M., i, 135, 139 re., 144, ii, 36 n., 51, 58 re., 61, 64, 67, 09, 72, 90, 111, 334. Vaudreuil, M. de, i, 5. Vigo, Francis, ii, 496. Wabash Indians, ii, 162, 181 ; expe dition aa'ainst, i, 171, ii, 227, 233. Wallace, Geo., ii, 403. Warner, Gen. Seth, i, 67, 68, 418, 422, 423 «., 427, 432, 480, 437. Washington, Gon Geo., crosses the Delaware, i, 29; wins the battles of Trenton and Princeton, 30-44; has exaggerated views of Ticonde roga, 47 re.; his prediction verified as to Burgoyne, 86 ; a conspiracy contemplated against him, 93; in dignant at the treatment of St. Claii', 94; attacks the Bi'itish at Monmouth, 101; pays a compli ment to St. Clair, 107; appeals for help. 111; his passion upon hear ing of St. Clair's defeat, 181 ; his raeraory insirlted, 235 re ; is writ ten to l)y St. Clair, 429, 472, 475, 486, 489, 494, 498, 499, 50'2, 615, 518, 525, 531, 533, 542, 545, 540, 553, 559, 568, 565, 568, 572, 588; writes to St. Clair, 892, 409, 470, 472, 473, 474, 470, 478, 493, 497, 499, 501, 603, 520, 528, 530, 635, 537-541, 548, 551, 6.52, 561, 567, 577, 591 re., 592, ii, 554 re.; writes to Marquis de La Payette, i, 519 re , to President of Congress, 524 re., to coramanding officer at West Point, 527 ; is written to by Val entine Crawford, 356; by Gen. Horatio Gates, 395 ; Gen. Anthony Wayne, 463 re.; address by St. Clair on his death, ii, 486-488. See President of the IJ. S. Washington, Mrs. Geo., i, 552. Wayne, Gen. Anthony, i, 18, 23, 48, 76, 76, 101 re., 107 re., 108-110, 112, 116, 117 «., 182-184, 365 re., 384- 301, 393, 447 re., 462, 403, 477, 478 re.., 530, 532, 583, 534, 635, 580, 537, 538 ra , 539 ra., 540, 542, 547, 548, 550, 551, 564, 565, 584 ra., 586, ii. 321, 322 ra., 327 337, 338,348 ra., 344 ra., 873, 375, 387, 'S94, 396, 409 re., 410. Wells, Williara, ii, 497. Index. 649 Whittlesey, Elisha, calls on St. Clair, i, 253. Wilkinson, Gen. .James, i, 12, 13 ;(,., 39, 40, 50, 52, 62, 81, 171, 189, 194, 200, 201, 204, 205, 407. 442, 443, ii, 208 «., 223, 227. 233, 251, 267 re., 269, 310, 413, 427. WiUiams, David, helps capture An dre, i, .5-28 re,. Williamson, Gen. Hugh, i, 42. Wilson, Geo., i, 257, 260, 207, 274 re., 275 re., 811, 350. Wilson, James, i, 12.14 re., 43, 5.5, 72, 74, 102, 150, 324, 325 7,., 370 re., 378, 379, 382, 383, 392, 402, 417, 480 re., 492, ii, 119. Wolfe, Gen. Jam-'^s, i, 3. Wood, Col. Joseph, i, 377. Woodbridge, Dudley, ii, 543. Woods, Geo., i. 259 /(. Wolcott, Oliver, i, 190, ii, 378, 383, 385, 403, 400, 472, 623. Wooster, Gen., i, ;',(;7, 369. Worthingtcui, Thcmas, i, 228, 230, 231, 236-238, 413, 448 re., 483, ii., 511 re., 523 re., 528, 547, 550, 552, 553, 556, 557, 560 re , 505. 507 //., 568 re., 572, 574, 580 „., 590, 591, 699. Wyllys, Major, ii, 98, 101, 134 188. " Wyoming Rebellion," i, 000 ,i,., 607 re. "Yellow Ci'eek Massacre," i, 9, 299. Zaiie, Ebenezer, ii, 98. Zeigler, .Maj., ii, 290 re. Zeisberger, David, ii, 433 THE END. HISTORICAL AND MISCELLANEOUS PUBLICATIONS OF ROBERT CL^RKZE & CO. CINCINNATI, O. Alzog (John, D. D.) A Manu.al of Universal Church History. Translated by Eev. T. J. Pabisch and Eev. T. S. Byrne. 3 vols. 8vo. 15 00 Anderson (E. L.) Six Weeks in Norway. 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