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To George Washington from James McHenry, 27 June 1796

From James McHenry

War Office 27. June 1796.

Sir,

I have the honor to acknowledge the receipt of your letter of the 22d instant with its references.

No. 1. here inclosed contains the documents respecting the meditated loan for the use of the federal City.1

No. 2. The last letters received from Brigadier General Wilkinson with copy of my letter of the 7. May referred to in his instructions to Colonel Hamtramck.2

General Wilkinson you will observe by this packet has adopted a line of proceeding relative to the British posts different from what my letter suggests.

No. 3. A private letter from General St Clair, a letter from Mr Seagrove and one from Mr Hawkins.3

No. 4. Copies of letters to Governor Sevier founded on representations of forced settlements within the Indian boundaries which threaten very serious consequences, and a copy of a letter to the Officer commanding at Tellico appertaining to the same subject &c.4

I thought it best to endeavour by gentle expressions to lead the new Governor into a knowledge of his duties; and as the Indian trading houses have been attacked in the Knoxville Gazettes, to touch lightly upon their policy.

No. 5 (A) A formula of the legionary establishment representing it as it now is (B) a Scheme of the legion resolved into four regiments conformably to the Act of Congress “to ascertain and fix the military establishment of the United States.[”]

According to this arrangement the Officers of the first Sub Legion become the Officers of the first regiment; those of the Second Sub Legion, the Officers of the Second regiment; those of the third Sub Legion, the Officers of the third regt; and those of the fourth Sub Legion, the Officers of the Fourth regiment, with a few exceptions, resulting from the principle of Seniority which forms the basis of the arrangement.5

The Scheme gives the Senior Lieut. Colonel to the first regiment; the second Lieutenant Colonel in rank to the Second regiment; the third Lieutenant Colonel in rank to the third regiment; and the fourth Lieutenant Colonel in rank to the fourth regiment. In like manner, the eight eldest Majors have been numbered from 1 to 8 agreeably to rank. No. 1 and 5 are assigned to the first regiment No. 2 & 6 to the Second regiment No. 3 and 7 to the third regiment and No. 4. and 8 to the fourth regiment; so that the Officers (a few unavoidable transfers excepted) stand attached to the men they have been accustomed to command, by which as little violence as possible is done to established habits.

You will perceive that by following implicitly the principle of seniority three Majors (one of which Major Peters is said to be a good Officer) will be deranged, and eight Captains. Only three Lieutenants will (without their consent) become supernumerary viz. McClean Cobb and Campbell. The first Genl Wayne says is somewhat insane; the other two should no resignations be given in previously to the arrangement taking place, may be tranferred to the Artillery.6

There being but three Lieutenants to the Cavalry, James V. Ball may be appointed Lieutenant, in which case it will become necessary to appoint another Cornet.7

While on this subject it may be observed also that the following vacancies exist in the Corps of Artillerists and Engineers. Viz. One Captain and nine Lieutenants.

You will be pleased to return the original letters. I have the honor to be with the greatest respect Your obedt servant

James McHenry

I have not heard from Capt. Lewis.8

LS, DLC:GW; LB, DLC:GW. For GW’s reply, see his first letter to McHenry, 1 July.

1GW had requested these items (see his letter to McHenry, 22 June, and n.3 to that document).

2These enclosures have not been identified, but GW wrote an undated memorandum that evidently summarizes a letter from Wilkinson to McHenry of 19 May: “Again mentions the Annual present of Goods to the Indns as immediately necessary to be sent—reason.

“The British Minister shd be informed of the Conduct of McKee.

“The Contracters ought to have been the Issuers.

“Unexampled price given for Beef by [Abraham] Kirkpatrick in Kentucky.

“Order all Officers on Furlough to join their respective Corps.

“Wampum wanting 5,000 black & 15,000 White.

“Commissions wanting for the Indn Chiefs—Blue Jacket has the sample of one from the B[ritish]” (AD, NjMoHP).

3These letters have not been identified, but Benjamin Hawkins had written McHenry from St. Marys, Ga., on 19 and 22 May about impending negotiations with the Creek Indians (see ASP description begins Walter Lowrie et al., eds. American State Papers. Documents, Legislative and Executive, of the Congress of the United States. 38 vols. Washington, D.C., Gales and Seaton, 1832–61. description ends , Indian Affairs, 1:588–89).

4McHenry presumably enclosed copies of his letters to Tennessee governor John Sevier, 20 and 23 June, and his letter to Lt. Samuel R. Davidson, 21 June (all DLC:GW).

McHenry wrote Sevier on 20 June: “Within these few days past information has been received of numerous forced settlements on the Indian lands as confirmed to them by treaty, which threaten very serious consequences to the peace of that Country and the Union. These accounts which have given great uneasiness to the president, render it proper that instantaneous and effectual measures should be adopted to remove the intruders and prevent further intrusions.

“When I consider, Sir, your well founded knowledge of the Indian Character; that no one can be more sensible to the good that must result from a strict observance of our promises to or treaties with them … I feel relieved from much of the sensibility I should otherwise have experienced, convinced that you will sincerely employ this knowledge & the means in your power to preserve the Inhabitants of Tennessee in the full enjoyment of peace and the Indians in the occupancy of their rights.

“Thinking it probable that many intrusions on the Indian lands, and violations of their rights, may proceed from the ignorance in which some of the people are, of the laws made to protect them, it occurs that an extensive and impressive promulgation of these laws might tend to the preservation of the peace of the frontiers.”

To that end, McHenry enclosed a copy of “An Act to regulate Trade and Intercourse with the Indian Tribes, and to preserve Peace on the Frontiers,” approved 19 May (1 Stat. description begins Richard Peters, ed. The Public Statutes at Large of the United States of America, from the Organization of the Government in 1789, to March 3, 1845 . . .. 8 vols. Boston, 1845-67. description ends 469–74), and urged its dissemination in a proclamation. “It would serve to convince the restless and rapacious adventurer, of your determination to discountenance their projects, and be a proof to the Indians that the state was sincerely disposed to protect their rights.

“I will not suppose that it can be the interest of any state to keep alive the flame of discord with it’s Indian Neighbours, or have [it] surface from time to time, drenched with the blood of its innocent Citizens. If an extension of frontier should become necessary can there be a doubt entertained as to the mode in which it ought to be acquired. Is it not a matter of certainty, putting the injustice of the act of dispoiling a people of their property by force out of the question, that it is cheaper to buy than to take from the Indians. Upon what ground then can a nation presume to take land when it has it in it’s power to purchase whatever it may want.

“Let me be permitted to believe that the great body of the inhabitants of Tennessee, will esteem it a moral, if not religious duty, to do justice to the Indians on their borders, and will conduct themselves under your administration, conformably to the laws of the United States which are founded on justice.

“As to those who may have settled on the Indian land in contempt of these laws or through ignorance of them, the president expects that you will bring into action all the means in your power, to dislodge them. He views their intrusion as a sure prelude to hostilities, and were they to be permitted to remain, as an express violation of treaty, and legitimate cause for recrimination and war; consequently he must resort to military force to effect this purpose, should your measures prove inadequate or ineffectual. But seeing how much the prosperity and honor of the State of Tennessee is concerned in dislodging these intruders, knowing that peace cannot long continue should they be suffered to remain, he cannot for a moment suppose, that you will employ less than the most efficacious means on so serious an occasion.

“Indeed, to compel these persons who have thus intruded, to retire, will be an act of great kindness to themselves. For if suffered to remain, the probability is, that they would be among the first victims of the Tomahawk. …

“Should war emerge notwithstanding such cares and endeavours on the part of the Magistracy of Tennessee, it will not be viewed as a Calamity which the State has brought upon itself, by having omitted what it ought to have done, or permitted what it ought to have prevented: the Succour of course which it may claim from the general Government in such a case will flow with good will, and without being embarrassed or with-held from an opinion, that it may have brought its sufferings upon itself.

“The president led by such considerations as these, anticipates from your administration; the Courts of Justice; and the good Citizens of the State the most happy issue as it regards the disquietudes excited among the Indians by the settlements in question.

“Such a co-operation on the part of the State and the people, with the measures of the general Government, he believes cannot fail to secure to it the continuance of peace; to augment that good will of the Indians; and dispose them to such relinquishments of Territory as the United States may at any time think it expedient should be purchased.

“It may not be improper perhaps to add a few remarks on some of these measures.

“With respect to the annuities stipulated to be paid them. Care is taken that the articles which compose these should be good and their delivery made without fraud or deception; for in all transactions with Indians, policy, as well as honesty require fairness of dealing.

“With respect to the public Agents resident with them. These hear all their complaints, administer in certain things to their comfort and convenience, make faithful representations to them of the intentions of the government; distribute its favors, and transmit to it their Complaints. As the Indians know that their grievances pass thro this medium to Government, if justice is delayed beyond a reasonable time it ought not to surprize, when they attempt, in such cases to become the avengers of their wrongs.

“As to the trading houses. These are meant to furnish them with such goods as they may stand in need of, in exchange for their Skins and peltry, without their being loaded with other or greater charges than will cover the expences attendant upon the Business.

“Among the effects expected from this institution may be reckoned the following.

“1. Its exempting the Indians from the frauds that they are subject to from itinerant Traders, and which have a tendency to sour them against the people of the United States and stimulate to retaliations and thefts.

“2. Its enabling Government to put a more effectual stop to the sale of spirituous liquors among them; a practice baneful to them, and productive of innumerable evils to our Citizens.

“3. Its rendering Indian supplies more dependent upon the nation, and consequently encreasing their motives to peace and a continued good understanding with the nation.

“Such being some of the evident results from the institution of public trading houses, whatever facility you can give to their establishment, it is taken for granted will be readily and cheerfully afforded.

“Calculating therefore upon your utmost aid whenever it can favor the execution of a law or its object, I mention without reserve and with pleasure the anxiety of the president to preserve to the State of Tennessee the Blessings of peace; and that you may assure its good Citizens of his earnest desire to extend to them every means of protection within his disposal, at the same time that he conceives it an indisputable requisite to their peace that the Indians should not be disturbed in the possession of their lands.”

McHenry enclosed a duplicate of his letter dated 20 June when he wrote Sevier on 23 June. He also reminded Sevier “that no claims for militia services, which have not been authorized by the President, can be admitted or paid, agreeably to existing laws: …

“Should you therefore conceive the services of any part of the Militia to be requisite for the defence of the frontiers you will be pleased to mention it to me with the circumstances which induce the opinion and the number deemed necessary that it may be submitted to the President for his consideration and orders.”

McHenry wrote Davidson: “The regulations for the preservation of peace with the Indians require, that they should not be furnished with spirituous liquors; and that no settlements should be permitted within their Country which are not authorized.

“With respect to the former you will be pleased to take immediate steps to prevent any person whatever from selling this destructive drink to them within their Boundaries and your controul, not specially authorized from this department.”

McHenry enclosed the “Act to regulate Trade and Intercourse with the Indian Tribes” for Davidson’s guidance regarding intrusions on Indian land. “It may, however, be expedient, before a resort to military force, as the law directs, to wait the issue of such measures as may be taken by Governor Sevier (who has been written to on the subject) unless it shall appear that delay would involve war or the most serious consequences.”

McHenry also may have enclosed his letter to John McKee of 23 June acknowledging a report of encroachments on Cherokee lands (DLC:GW).

5The enclosed arrangement has not been identified. The law approved on 30 May delineated “the military establishment of the United States, from and after the last day of October next” to be “the corps of artillerists and engineers … two companies of light dragoons, who shall do duty on horse or foot, at the discretion of the President of the United States; and four regiments of infantry, of eight companies each” (1 Stat. description begins Richard Peters, ed. The Public Statutes at Large of the United States of America, from the Organization of the Government in 1789, to March 3, 1845 . . .. 8 vols. Boston, 1845-67. description ends 483–86; quote on 483).

6Lieutenants Howell Cobb and Joseph Campbell were transferred to the corps of artillery and engineers on 1 Nov.; Lt. Levi McLean was discharged on that date.

7An undated table of officers, headed “Squadron of Light Dragoons” and filed with McHenry’s letter, includes four lieutenants but notes that one, John Posey, had resigned on 19 Oct. 1795 (DLC:GW).

James V. Ball (d. 1818) of Virginia, who appears on the table as a cornet, received the available promotion to lieutenant. He rose to captain before his discharge in 1802, rejoined the army in 1812, and attained the rank of lieutenant colonel before his death.

8Capt. Thomas Lewis had been sent to Canada to mediate the British evacuation of frontier posts and their transfer to the United States under terms of the Jay Treaty (see McHenry to GW, 9 May, and notes 1 and 2 to that letter).

McHenry wrote GW on “Tuesday morning,” 28 June: “Capn Lewis says he was treated with much civility by Lord Dorchesters family—That the people seemed every where pleased at the prospect of a friendly intercourse with our citizens—Lord Dorchester was particular in his inquiries respecting your health, and seemed pleased to learn that you were well and looked well. I believe his Lordship is himself about seventy. Lewis could have dined out for a month at Quebec. The first toast the king of Great Britain, the second, invariably the President.

“He would [have] been back sooner but for a fever which laid him up six days in Quebec and arrested him only on his journey.

“The express not having appeared at 5 o’clock agreeably to orders has given me the opportunity to add these particulars and to congratulate you on an event which adds a large tract of Country and a wide source of commerce to the territory and industry of the United States” (ALS, DLC:GW; LB, DLC:GW; see also McHenry’s second letter to GW, 27 June, and n.1 to that document).

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