undergo many strictures; and, as the effect proposed may not be answered by it, it will be necessary to look forward in time to ulterior arrangements. And here not only the constitution and laws must strictly govern, but the employing of the regular troops avoided, if it be possible to effect order without their aid; otherwise there would be a cry at once, "The cat is let out; we now see for what purpose an army was raised." Yet, if no other means will effectually answer, and the constitution and laws will authorize these, they must be used as the dernier resort.1 If you remain in opinion, that it would be advisable for the President to transmit the proclamation to the governors of North and South Carolina, and to the governor of Pennsylvania, I pray you to draft such letters to them, to be forwarded from hence (with proclamations, which must also be sent to me), as you may think best calculated to produce the end proposed. I am, dear Sir, &c. "This letter goes by express to obtain the signature of the Secretary of State to the enclosed proclamation. "If good is to result from the proclamation, no time is to be lost in issuing it, as the opposition to what is called the excise law in the western survey of the district of Pennsylvania is become too open, violent, and serious to be longer winked at by government, without prostrating its authority, and subjecting the executive to the charge of censurable inattention to the outrages which are threatened. "I have no doubt but that the measure I am about to take will be severely criticized; but I shall disregard any animadversions upon my conduct, when I am called upon by the nature of my office to discharge what I conceive to be a duty; and none is in my opinion more important than to carry the laws of the United States into effect. "I have scored a few words, which possibly may as well be omitted; and, if upon attentive perusal of the draft others should appear, which you think might as well be expunged or altered, mark them in like manner with a pencil, and I will give due consideration thereto."— Washington to Jefferson, 15 September, SIR, TO ALEXANDER HAMILTON, SECRETARY OF THE TREASURY. MOUNT VERNON, 17 September, 1792. Your letters of the 8th and 9th inst. are received. The latter came to me on Saturday morning by express, from the post office in Alexandria. I gave the proclamation my signature, and forwarded it in the afternoon of the same day, by a special messenger, to the Secretary of State, for his countersign. If no unforeseen delay happens, the return of it may be in time for Friday's post, so as to be with you on the Tuesday following. It is much to be regretted that occurrences of a nature so repugnant to order and good government should not only afford the occasion, but render such an interference of the executive indispensably necessary. When these happen, and lenient and temporizing means have been used, and serve only to increase the disorder, longer forbearance would become unjustifiable remissness, and a neglect of that duty which is enjoined on the President. I can have no hesitation, therefore, under this view of the case, to adopt such legal measures to check the disorderly opposition which is given to the execution of the laws laying a duty on distilled spirits, as the constitution has invested the executive with; and however painful the measure would be, if the Proclamation should fail to produce the effect desired, ulterior arrangements must be made to support the laws, and to prevent the prostration of government. Were it not for the peculiar circumstances of my family, I would return to the seat of Government immediately; at any rate, I hope to do it in the early part of next month, or before the middle thereof. SIR, TO HENRY KNOX, SECRETARY OF WAR. Your letter of the 15th instant with its enclosures came duly to hand. It is exceedingly to be regretted, that all the attempts of government to bring the hostile Indians acquainted with the real designs of it, (so far as it respects the disputes with them,) should be so pointedly marked with misfortune, disappointment, or delay. Captain Brant's illness, and the sickness and delays of the other chiefs of the Six Nations, are inauspicious of a favorable result; for much is not to be expected from the single attempt of Captain Hendricks, however zealously he may labor in the cause of humanity and peace. As present appearances are so ominous of a continuation of the war, no pains nor no expense within the bounds of moderation ought to go unessayed to ascertain the nature, extent, and strength of the confederation, against which we are to contend, that our measures may be regulated accordingly. Without a competent knowledge of these facts we shall grope in the dark, and may meet disaster when danger is not expected. To this end General Wayne should be particularly instructed, and the Indian agents also; nor would it be amiss, if some expedient could be devised to obtain intelligence from Detroit that the British, accounts of these matters might be likewise known. From the nature and circumstances of this war, good information is scarcely to be obtained, at least not to be relied on, but from a comparison of the intelligence, which is obtained through different channels. In your letter to General Wayne of the 7th instant, a copy of which is among the enclosures you have forwarded to me, he is informed that you will “immediately write to the President of the United States, and request his orders on certain conditional statements relatively to the proportion of troops which it may probably be necessary to retain on the upper parts of the Ohio." No such statement is yet come to my hands. Of course I am unprovided with the means by which to form a judgment on this head; but, under my present view of the matter, and the uncertainty in which we seem to be of the final and positive result of the grand council of the Indians holden at the Miami, the longer the decision is withheld the better; provided sufficient time is allowed the troops to cover themselves comfortably for the winter. And here, while it occurs, let me ask why the same kind of huts and mode of covering, that was adopted by the army in the last war, may not be again used, except permanent barracks for sufficient garrisons at the established posts? If scantling, brick, &c., are to be provided by the quartermaster, it will be attended with considerable expense, and, if for a temporary purpose only, will be thought injudiciously incurred. Besides, how can this be done conveniently before the disposition of the troops is resolved on? I am in sentiment with you, that sub-legionary paymasters and sub-legionary adjutants, the latter aided by the sergeant-majors, are competent to their respective duties without battalion officers of this description. At any rate, I conceive that the experiment ought to be made with the latter in the first instance. My observation on every employment in life is, that, wherever and whenever one person is found adequate to the discharge of a duty by close application thereto, it is worse executed by two persons, and scarcely done at all if three or more are employed therein; besides, as you have very properly observed, the danger of money is increased in proportion to the number of hands into which it is committed. * If the evidence in the case of Ensign Morgan is all given in, it becomes proper he should be ordered to the army for his trial; and, if it is necessary in this case, and will not be establishing a bad precedent to do it in the name of the President, I have no objection to the measure. If discretion was a trait of this officer's character, or fairness the view of his advisers, I should hope he would abandon the idea of presenting a memorial to be tried in Philadelphia, and that he would not hesitate a moment to go where he is ordered. If, however, the latter should happen, it would be well, before it is reported to me, to have him and his friends admonished in a friendly way of the consequences, that must follow disobedience; for neither the military nor civil government shall be L |