for example, the assassination of Hunt, Cutter, Freeman, Truman, and Hardin-and the list might be enlarged still further, were it necessary. These losses were in part attributed to the want of such military protection as Judge Symmes alledged was in the power of General Harmar to afford.

Although that officer had but a single regiment at his disposal, yet, as the points to be protected were few, it was believed he might have accomplished the object to a greater extent than he did. The Muskingum and the Miami settlements were the only ones then existing in the Territory. They varied but little in numbers, and yet the latter was left for protection with less than an average of half a company, during the first, and a part of the second, year. At this unequal disposition of the troops, the Judge complained. He charged General Harmar with partiality, and his feelings were so much excited by this palpable neglect, that he instructed his agent in New Jersey, to present the case to the Secretary of War, and request his interposition. It does not appear that such a complaint was made, or, if made, that any serious notice was taken of it.

It is impossible to look at the condition of the Miami country in 1788 and 1789, without coming to the conclusion that such a military force as might have been stationed there, without inconvenience, and without injustice to any other portion of the Territory, would have prevented much suffering saved many losses-and induced a number of the early emigrants to establish themselves in that delightful region, who turned from it in consequence of its exposed and unprotected condition, and made their locations elsewhere. This difficulty is most probably ascribable to the fact, that an unreasonable proportion of the regiment was stationed at the Falls, during this period of difficulty and danger. To one who knew the defenceless situation of those

settlements, it is matter of surprise, that they did not suffer more severely than they did.

It is a perversion of language, to apply the phrase military protection, to any thing enjoyed by the Miami people, at the time when protection was most wanted. If it be asked what protection they really did receive, during the period of their greatest exposure, the answer may be given in few words. Eighteen soldiers were stationed about thirty days at Columbia, in the fall of 1788; one company halted at North Bend thirty-four days, in the winter of 1788-9; after which a detachment of eighteen, rank-andfile, landed at the same place, where they remained a few days, and then proceeded to Cincinnati. This constitutes the military protection afforded to three infant settlements, extending nearly thirty miles in an enemy's country. "Risum teneatis amici."

After looking on this picture, nobody can feel surprised that Judge Symmes, whose life and fortune were at stake, should lose his temper and complain. In spite, however, of those early disadvantages, the Miami valley took the lead of every other portion of the great West, in population and enterprise.

At the time here spoken of, the woods were literally swarming with Indians, scattered in every direction; and, in addition to other difficulties, those who ventured into the wilderness, from duty or choice, were in constant danger of meeting some of those parties, and suffering the consequences. It was a matter of surprise, to all who were conversant with the condition of the army, during the whole period of the Indian war, that so many, and such fearful risks were run, attended with so small a number of disasters. Next to the protecting care of Providence, this is ascribable to an insensibility to danger, produced by a constant exposure, which renders the mind callous, and at the same time collected; and prepares it to act promptly,

in any emergency. It is known from experience, that habitual exposure to danger robs it of its terrors, and inspire s the white man with the same presence of mind, the same vigilance, and the same acuteness of perception of the presence of danger, or the near approach of an enemy, which the aborigines possess in so remarkable a degree.

Those persons who had early intercourse with the officers who served in the western campaigns, were surprised at the levity with which they spoke of their exposures and hair-breadth escapes; and the calm indifference manifested at the recital of scenes of disaster, which must have been highly distressing. This did not proceed from any want of natural tenderness or sympathy, but from temporary obtuseness of feeling, acquired during their campaigns in the Indian country.

It seems to be a kind provision of Providence, that men constitutionally timid and sensitive to danger, cease to be agitated by fear, after they have become familiar with scenes of distress and objects of misery. Under such circumstances they soon learn that steady nerves are necessary to ensure personal safety, and that the indulgence of fear agitates the mind, and renders it unfit to draw safe conclusions, when pressing danger calls for instant action.

CHAPTER III.

Counties in the Territory.-Their Seats of Justice and Courts.-The General Court. Its powers. Its usurpations as Legislators.-Fatigue and exposure of the Bar.-Extent of their circuit.—A game of Indian foot-ball.—Journey from Cincinnati to Vincennes, in December, 1799.-Gen. George Rogers Clark. His achievements and victories.-His conquests the chief ground of the American claim to the North-western Territory.-Embarrassments of his situation. His expedients to support his troops.-Ingratitude of the Government.

WHEN the writer of these notes came to Cincinnati, only four counties had been established and organized in the Territory-each of which was sufficiently extensive to form an independent state. They bore the names of Washington, Hamilton, St. Clair, and Knox; in honor of the distinguished revolutionary patriots after whom they were called, and who, in public estimation, stood on the scale of merit, in the order in which they are here named. The seat of justice of the county first mentioned, was established at Marietta-the second at Cincinnati-the third at Kaskaskias-and the fourth at Vincennes, then generally called Au Post.

As the population of the territory increased, new settlements were formed, and the Governor proceeded, from time to time, as the convenience of the inhabitants required, to lay out and organize other counties, under the power delegated by the ordinance; in each of which, Courts of Common Pleas, and General Quarter Sessions of the Peace, vested with civil and criminal jurisdiction, were established.

The General Court consisted of three judges, appointed by the President, with the advice and consent of the Senate; each of whom received a salary of eight hundred dollars, from the Treasury of the United States. It was the highest judicial tribunal in the Territory, and was vested with original and appellate jurisdiction in all civil and criminal cases, and of capital cases: and on questions of divorce and alimony, its jurisdiction was exclusive. It was, however, a Common Law Court merely, without Chancery powers, and it was the court of dernier resort.

It had power to revise and reverse the decisions of all other tribunals in the Territory; yet its own proceedings could not be reversed or set aside, even by the Supreme Court of the United States. It was held at Cincinnati, in March; at Marietta, in October; at Detroit, and in the western counties, at such time in each year as the judges saw proper to designate.

In conjunction with the Governor, or, in his absence, the Secretary of the Territory, they were constituted a legislative body, and vested with power to adopt any law in force in either of the original states; and it was made their duty to report all laws so adopted, to the Congress of the United States, for their approbation. If they were approved by that body, they became the laws of the Territory, until repealed by themselves, or by the General Assembly, thereafter to be established.

From some cause or other, those intelligent men, at first, overlooked the restriction imposed on their power, by the ordinance; and proceeded to enact laws at their own discretion-which, of course, could not be approved by Congress. And moreover, after they recognized the restriction, and professed to conform to it, any person who will be at the trouble of collating the laws professedly adopted, with the originals in the statute books from which they were taken, will find that all of them are more or less altered and modified, in substance as well as in form; and many of