this you will discover that the country has been checkered in all directions, and strange to tell, saw no fresh sign of Indians."

In the latter part of the month of July, 1813, a few Indians were discovered hovering about the settlements on the eastern side of the Wabash, between Vincennes and the mouth of White river. Colonel Russell "despatched rangers in different directions, in order to drive them out-the citizens also assembled to checker the country."* A small number of men, under the command of Captain Dubois, pursued an Indian trail, and recovered three stolen horses, which were abandoned by the Indians, who escaped from their pursuers. A detachment of rangers, under the command of Captain Andre, "discovered a trail of horses making out from the settlement, which they pursued, and soon overtook a spy that was kept in the rear; they pushed on, and dispatched him—which gave notice to those in front, who left their horses and fled with great precipitation." The hostile Indians did not venture, during the remaining period of the year 1813, to make any attacks on the white settlements in the Indiana territory.

CHAPTER XLIII.

GOVERNOR POSEY'S VIEWS-TERRITORIAL LEGISLATION-TREATIES OF

PEACE WITH INDIANS.

THE general assembly of the Indiana territory met at Corydon, on Monday the 6th of December, 1813; and Governor Posey, on that day, delivered his first message to the two houses. In this message the following passages appear: "The present crisis is awful, and big with great events. Our land and nation is involved in the common calamity of war. But we are under the protecting care of the beneficent Being who

* Letter from Colonel Russell to Governor Posey, dated "Vincennes, August 4, 1813." † Ib.

has, on a former occasion, brought us in safety through an arduous struggle, and placed us on a foundation of independence, freedom, and happiness. He will not suffer to be taken from us what he, in his great wisdom, has thought proper to confer and bless us with, if we make a wise and virtuous use of his good gifts. *** Although our affairs, at the commencement of the war, wore a gloomy aspect, they have brightened, and promised a certainty of success, if properly directed and conducted, of which I have no doubt; as the president and heads of departments of the general government are men of undoubted patriotism, talents, and experience, and who have grown old in the service of their country.*** It must be obvious to every thinking man, that we were forced into the war. Every measure consistent with honor, both before and since the declaration of war, has been tried, to be on amicable terms with our enemy. If they will not listen to terms of reciprocity, and be at peace with us, where is the man, who is a friend to his country, that will not give a helping hand, and use his best exertions to preserve and maintain, inviolate, the just rights of his country? It is to be hoped there is none such." * * *

In the closing part of his message of the 6th of December, 1813, Governor Posey said: "I will now call to your attention such subjects as require the deliberations of your present meeting. Much depends upon you, gentlemen, in bringing to maturity such laws as will have a tendency to render equal justice to each individual of the community and promote the general welfare of the territory. You who reside in various parts of the territory have it in your power to understand what will tend to its local and general advantage. The judiciary system would require a revisal and amendment. The militia law is very defective, and requires your immediate attention. It is necessary to have good roads and highways in as many directions through the territory as the circumstances and situation of the inhabitants will admit of-it would contribute very much to promote the settlement and improvement of the territory. Attention to education is highly necessary. There is an appropriation made by congress, in lands, for the purpose of establishing public schools. It comes now within your province to carry into operation the design of the appro

priation. *** I wish you a pleasant session, recommending harmony and dispatch of business."

The legislative council and the house of representatives, severally, addressed appropriate replies to the message of Governor Posey. The members of the legislative council concurred with the governor, in "regretting that the American nation had been forced into a war with Great Britain." They declared that "the catalogue of vices attendant on a state of war ultimately tend to unnerve the energies of virtue, and finally reduce the nation to slavery;" but, they said, "it is better for a nation to submit to this evil than basely shrink from her post of honor and duty, and not recoil at the indignities practiced upon it by a foreign nation." The following sentiments were expressed in the reply which was addressed to the governor, by the house of representatives: "While, sir, with you, we deprecate the horrors of war, we rejoice at many of its effects-that a period has arrived which has called forth talents venerated in the world-successful in the contests by land and sea. That the unjust, envious, and jealous policy of England forced us into the war, no unprejudiced mind can doubt; and we rejoice to find that, in so advanced a period of your life, you have borne the sword of your country. * * * With you, sir, we abhor that cringing and detestable policy which would submit to British aggression, and cherish a hostile colony-a scourge on our borders. We are astonished at the mistaken and obstinate policy of the New England States, in opposing the junction of the Canadas to the Union. It would add weight and influence to the northern States in the councils of the nation-would check the progress of the seat of government toward the Isthmus of Darien, and more fairly balance the two great interests of our country-the commercial and agricultural."

The most important part of the general legislation of this session, which was closed, by adjournment,* on the 6th of

* On the 27th of December, 1813, Governor Posey, in an official communication addressed to the president of the legislative council, said: "I wish you to communicate to your honorable body, that the delicate state of my health will not admit of my longer continuance at this place, [Corydon.] I find myself badly situated on account of the want of medical aid. My physician is at Louisville, and I have taken the medicine brought with me. The

January, 1814, was designed to improve the condition of the territorial militia-to prevent dueling-to prevent malicious prosecutions to regulate the practice of attorneys at law-to authorize collectors of taxes to make deeds in certain cases— to apportion members to the house of representatives—to render the practice in courts more easy-to provide for the appointment of a territorial treasurer-to reorganize the courts of the territory-to provide for a permanent revenue-to regulate elections-to provide for the settlement of the estates of intestates-to fix the time of the annual meetings of the general assembly, etc.

The law to prevent dueling, required that all officers in and belonging to the legislative department of the territorial government-all officers in the executive department of the government, civil as well as military-all persons in the judi

weather is moderate now, which will be favorable to my going on to Jeffersonville, where any communication that the two houses of the legislature may have to make will find me. Mr. Prather will, in the most expeditious manner, bring them on; and it will take but a short time for me to act upon them, and for his return, which would not detain the legislature in session more than a day longer. Be assured, sir, that nothing but imperious necessity compels me to this step."

It seems, by the following extract from the journal of the legislative council, of January 6, 1814, that the general assembly did not approve of the views which were expressed by Governor Posey, in the foregoing communication:

"WHEREAS, Both houses of the legislature did, on the 4th instant, inform the governor that they had gone through their legislative business, and were ready to be prorogued; and, whereas, the expense of near fifty dollars per day doth arise to the people of the territory by reason of the legislature being kept in session-all of which evils and inconvenience doth arise from the governor leaving the seat of government during the session of the legis lature, and going to Jeffersonville, and the legislature having to send their committee of enrolled bills to that place, to lay them before him for his approval and signature. Be it therefore resolved, that, in order to prevent any further expenses accruing to the territory at the present session, that the president of the legislative council and the speaker of the house of representatives be, and they are hereby authorized to receive the report of the governor of the laws by him signed or rejected, and his order of prorogation, and communicate the same to the clerks of their respective houses, who shall insert the same on their journals, in the same manner as if the two houses were in session."

The house of representatives concurred in this resolution; and the two houses adjourned sine die.

cial department, and all attorneys at law, should thenceforth, on taking the usual oaths prescribed by law, take, also, an additional oath, to be administered to them, respectively, in the following form: "That he or they (as the case may be) have neither directly nor indirectly given, accepted, or knowingly carried a challenge to any person or persons, to fight in single combat or otherwise, with any deadly weapon, either in or out of this territory, since the 1st of February, 1814; and that he or they will neither directly nor indirectly give, accept, or knowingly carry a challenge to any persons or persons, to fight in a single combat or otherwise, with any deadly weapon, either in or out of this territory, during their continuance in office."

Early in the year 1814 the condition of the settlements in the Indiana territory began to improve. The fear of danger, from the incursions of hostile Indians had, in a great measure, subsided; and the tide of eastern emigration again began to flow into the territory. These gratifying results were produced, mainly, by the successful movements of the northwestern army, under the command of General Harrison, against the British forces in the northwest, in the latter part of the year 1813. The defeat of a detachment of American troops, under the command of Brigadier-general Winchester, at the battle of the river Raisin,* was followed by the successful defense of Fort Meigs-the gallant defense of Fort Stephenson-the

The battle of the river Raisin was fought on the 22d of January, 1813, at a point about twenty-six miles south of Detroit. The force under the command of Winchester amounted to from 800 to 900 men. The British force, under the command of Colonel Proctor, amounted to about 1000 men, with six pieces of artillery and a large number of Indians. The American loss was 397 killed, 27 wounded, and 35 officers and 487 men made prisoners. The loss of the British amounted to 24 killed and 158 wounded. After the surrender of the American forces many of the men, and some of the officers were massacred by the Indians.

Fort Meigs, which stood on the right bank of the Maumee, at the lower rapids of that river, was besieged, from April 28 to May 9, 1813, by a British force, under Colonel Proctor, composed of 560 regulars, about 800 militia, and about 1500 Indians. The fort was defended by about 2000 men, under the command of Major General Harrison.

Fort Stephenson, which stood at the site of Lower Sandusky, was attacked on the 2d of August, 1813, by a British force consisting of about 500 regu