action [of the 4th of November, 1791,] but did not learn that he took any command; that Lieutenant Sylvey, of the same regiment, was on his march with three hundred Indians, but did not get up in time to participate in the action; that Simon Girty told him there were twelve hundred Indians at the place, but three hundred of them did not engage, who were taking care of the horses, exclusive of the three hundred with Lieutenant Sylvey; in all fifteen hundred. *** That it was the common opinion, and the common conversation that no peace would take place, unless the Ohio river be established as the boundary line between the Indians and the Americans."

At Vincennes, on the 27th of September, 1792, Brigadier General Rufus Putnam, being accompanied on his mission by John Heckewelder, concluded a treaty of peace and friendship with thirty-one Indians of the Wabash and Illinois tribes. The following is a copy of this treaty:

"A treaty of peace and friendship, made and concluded between the President of the United States of America, on the part of the said States, and the undersigned kings, chiefs, and warriors, of the Wabash and Illinois Indian tribes, on the part and behalf of the said tribes:

"The parties being desirous of establishing a permanent peace and friendship between the United States and the said Indian tribes, and the citizens and members thereof, and to remove the causes of war, the President of the United States by Rufus Putnam, one of the Judges of the Territory of the United States northwest of the river Ohio, and Brigadier General in the army, whom he hath vested with full powers for these purposes; and the said Wabash and Illinois tribes, by the undersigned kings, chiefs, and warriors, representing the said tribes, have agreed to the following articles, viz:

"Article 1.-There shall be perpetual peace and friendship between all the citizens of the United States of America, and all the individuals, villages, and tribes, of the said Wabash and Illinois Indians.

"Article 2.-The undersigned kings, chiefs, and warriors, for themselves, and all parts of their villages and tribes, do

acknowledge themselves to be under the protection of the United States of America, and stipulate to live in amity and friendship with them.

"Article 3.-The said tribes shall deliver, as soon as practicable, to the commanding officer at Fort Knox, all citizens of the United States, white inhabitants or negroes, who are now prisoners among any of the said tribes.

"Article 4.-The United States solemnly guaranty to the Wabash and Illinois nations, or tribes of Indians, all the lands to which they have a just claim; and no part shall ever be taken from them, but by a fair purchase, and to their satisfaction. That the lands originally belonged to the Indians: it is theirs, and theirs only. That they have a right to sell, and a right to refuse to sell. And that the United States will protect them in their said just rights.

"Article 5.-The said kings, chiefs, and warriors solemnly promise, on their part, that no future hostilities or depredations shall be committed by them, or any belonging to the tribes they represent, against the persons or property of any of the citizens of the United States. That the practice of stealing negroes and horses from the people of Kentucky, and other inhabitants of the United States, shall forever cease. That they will, at all times, give notice to the citizens of the United States of any designs which they may know, or suspect to be formed, in any neighboring tribe, or by any person whatever, against the peace and interest of the United States.

"Article 6.-In cases of violence on the persons or property of the individuals of either party, neither retaliation or reprisal shall be committed by the other until satisfaction shall have been demanded of the party, of which the aggressor is, and shall have been refused.

"Article 7.- All animosities for past grievances shall henceforth cease, and the contracting parties will carry the foregoing treaty into full execution, with all good faith and sincerity.

"In witness of all and every thing herein determined, between the United States of America and the villages and tribes of the undersigned kings, chiefs, and warriors, the parties have

hereunto set their hands and seals, at Post Vincennes, on the Wabash river, this twenty-seventh day of September, 1792. RUFUS PUTNAM, Brigadier General,

and Agent for making peace with the Indians." [Signed by thirty-one Indians of the Wabash and Illinois tribes.*]

Early in the summer of 1792, Major Hamtramck received a speech from Lagesse, the principal chief of the Pottawattamie nation. In this speech the chief said "We are very glad to hear from you; but sorry we cannot comply with your request [to send a deputation of chiefs to Fort Washington.] The situation of affairs in this country prevents us. We are every day threatened by the other Indians, that if we do not take a part with them against the Americans, they will destroy our villages. This, alone, my father, makes it necessary for all the chiefs to remain at home. ** * My father: You tell us you are ignorant why the red people makes war on your white people. We are as ignorant of it as you are: for, ever since the beginning of the war, we have laid still in our villages, although we have been repeatedly invited to go to war; but, my father, the confidence we have in you has prevented us from making war against you, and we hold you by the hand with a stronger grip than ever. My father: Keep up your spirits more than ever; for you have this year more red people to fight than you have had yet. ** If I could give you a hand I would do it; but I cannot: and I am glad if me and my people can have a quiet life this summer. If I had been disposed to believe all the reports I have heard, I would have made your messengers prisoners; for we are told they are spies, and that you have an army coming against us; but I am deaf to every thing that comes from the Miamies. Every day we receive messengers from those people, but we have been deaf to them, and will remain so."

*This treaty was laid before the Senate of the United States, on the 13th of February, 1793. The fourth article was deemed particularly objectionable; and the Senate, after several consultations, finally, on the 9th of January, 1794, refused to ratify the treaty, by a vote of 21 to 4.-[See Executive Journal of the Senate, i. 128, 134, 135, 144, 145, 146.

During the months of July, August, and September, 1792, a great number of Indians, of the Miami, Pottawattamie, Delaware, Shawanee, Chippewa, Ottawa, and Wyandot tribes, assembled at the Rapids of the Maumee, for the purpose of holding a grand council. About this time several chiefs of the Six Nations, at the request of the Secretary of War, visited the councils of the northwestern tribes, and made some efforts to induce the hostile Indians to establish a treaty of peace with the United States. The Indians in council, however, determined that they would make no treaty that would confirm or acknowledge the claims of the United States to any portion of the territory northwest of the river Ohio. The grand council broke up about the 10th of October.

In 1792 and 1793, while offensive operations against the northwestern Indians were prohibited by the government of the United States, small war parties, composed principally of Delawares and Shawanees, continued to lurk about the white settlements on the borders of the Ohio-way-laying the paths, capturing horses and cattle, killing some of the settlers, and carrying others into captivity. On the morning of the 6th of November, 1792, at day-break, about one hundred Kentucky militia, under the command of Major Adair, were attacked in their camp by a strong body of Indians, and forced, after a short engagement, to retire into Fort St. Clair, which was within gun-shot of the scene of action. In this skirmish the troops under Adair lost six men killed; and five wounded, together with the camp equipage, and one hundred and forty pack-horses. In a letter which was sent to Brigadier General Wilkinson immediately after the action, Major Adair said— "My officers, and a number of my men distinguished themselves greatly. Poor Hail died calling to his men to advance. Madison's bravery and conduct need no comment: they are well known. Flinn and Buchanan acted with a coolness and courage which does them much honor. Buchanan, after firing his gun, knocked an Indian down with the barrel. * * * I can, with propriety say that about fifty of my men fought with a bravery equal to any men in the world; and had not the gar

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rison been so nigh, as a place of safety for the bashful, I think many more would have fought well. The enemy have, no doubt, as many men killed as myself."

At this time Fort Hamilton, Fort St. Clair, and Fort Jefferson, were garrisoned by small detachments of regular troops, who were poorly clad, and generally destitute of money. On the 13th of September, 1792, Captain John Armstrong, the commanding officer at Fort Hamilton, wrote a letter to Wilkinson, from which the following is an extract: "I must, my dear General, in justice to my own feelings and to the men I command, repeat my complaint on the subject of clothing. It is known to you, sir, that my command has been a continued scene of fatigue; and it is a reflection upon the nation that the men should serve six months without clothing. They are now performing the duties of soldiers without a shirt or shoes, and seven months pay due them. What can the public expect from men thus treated?-called upon, naked as they are, to perform the hardest service; destitute of money to purchase for themselves even a chew of tobacco."

In the course of the years 1790, 1791, and 1792, twentythree statutes, providing for the administration of justice in the Territory of the United States northwest of the river Ohio, were adopted and published at Cincinnati, by Governor St. Clair, (or in his absence the acting Governor Winthrop Sargent,) and the Judges of the Superior Court of the territory. The following is a list of the titles of these statutes:

I. An act to alter the terms of General Court.- Passed on the 4th of November, 1790. [By this act it was declared that the several terms of the General Court of the territory should be held at the following times and places, viz: In the county of Knox, (at Vincennes) on the first Tuesday in May, yearly and every year. In the county of St. Clair, (at Kaskaskia) on the second Tuesday in June, yearly and every year. In the county of Hamilton, (at Cincinnati) on the first Tuesday in October, yearly and every year: and in the county of Washington, (at Marietta) on the second Tuesday in November, yearly and every year.]