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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Sir Manour Livingston 13th March 1778 Your Excellency's Dispatches of the 25th of February did not reach me 'till I was proceding to attend the Treaty with the Six Nations.(1) The Scene in which we have been employed as well as the Want of a direct Conveyance, have deprived me of an earlier Opportunity of returning an Answer.
I think I informd your Excellency that I set out with the Marquis de la Fayette from this place the 15th of February for Albany: his Instructions referring him to me for Information.(2) I had sufficient Reason to believe that the Enterprize which he was to conduct cou'd not go forward: Unwilling however that the most remote discouragement shoud be ascribed to our State, I resolved to leave him to Judge from his own observations and totally unprejudic'd & uninfluenc'd. He soon discovered the Want of almost every Necessary of which he had been led to expect an abundant Supply.
The Number of men was greatly deficient. They were destitute of warm Cloathing; their pay in Arrear, and both the Officers and Privates visibly averse to the Expedition. If the Army had been in the best Condition, and highest Spirits, a sufficient number of Teams (1300 being thought necessary) coud not have been collected in Season; and to encrease the difficulties, Forage it was impracticable to procure. The Irruption of the Enemy last Summer having prevented the Harvest in the Northern and North Eastern Parts of this State. Excepting Provisions, Ammunition and the Corps of Militia to be raisd in this State, nothing was ready; and the Opinion of the General Officers, as well as the publick at large, was strongly opposed to the Probability of Success had every one of these Impediments been
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removed. The Marquis who attentively examined every Circumstance saw with inexpressible Chagreen the Obstacles which clouded his prospects of Glory, and, after having flattered himself with sanguine Hopes of performing a distinguished Service to this Country, was oblig'd to relinquish the Enterprize without an Attempt to accomplish it. He has, it must be confessed, some Reason to be vexed and disgusted, advised, as he was, to announce to his Court, the Confidence reposd in him by being elevated to the Command of such an Expedition; and not in the least suspecting that General Gates cou'd be deceiv'd in the Circumstances of a Department which he had Just left, and which coud have undergone no material Alteration.
The Plan of Congress, when I was last upon the Floor, was by a sudden Irruption with 3 or 400 Volunteers, to attempt to burn the Enemy's shipping at St John's, and to offer a very considerable Bounty in Case of Success; The Command to be given to General Starke who was supposd to be very popular in New Hampshire the western frontiers of the Massachusetts, & the Grants; and in every other Respect qualified for the undertaking.(3) The adventurous Spirit of the Inhabitants in these parts, the Dangers to which they must now be exposd while the British Vessels command the Lakes, and the prospect of a great Reward, if they shoud succeed in the Attempt, were thought sufficient Considerations to Justify the Proposition. To me it was given in Charge by Congress, to confer with General Starke & deliver him his Instructions and explain their Views This occasiond my repairing to Albany as soon as I coud give him notice to meet me. At first he seemd sanguine that the scheme woud be acceptable and vigorously supported by those over whom he had an immediate Influence: but on examination it was found that a Reward which depended only on a prosperous Issue, was too slender a Motive for the Undertaking A proposal was therefore made to Congress to allow the Volunteers pay at all Events, & the Bounty in Case of Success: But on General Gates's Arrival at Congress the Plan was enlargd into its' present Form, and the Command conferred on the Marquis.(4) Imagining it woud be agreeable to you to have a full View of this Transaction I have been thus circumstantial. I shoud have mentiond to your Excellency when I had the pleasure of seeing you, the original Plan; but as it Depended on Secrecy I was enjoind to communicate it only to General Starke.
Altho' we proposd to hold the Treaty with the Six Nations between the 15th & 20th of February it was not till the 27th that we had notice of their Assembling. We repair'd to John's Town the 28th, but they were so tedious in their movements that the Business was not opend untill Monday the 9th Instant. The Number of Indians was something above 700, consisting of Oneidas, Tuscarores, Onondagoes, a few Mohawks, and three or four Cayugoes: but not a single Senaca
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attended. The latter had the Insolence even to affect their Surprize that while our Tomahawks Stuck in their Heads, their Wounds were bleeding, and their Eyes streaming with Tears for the Loss of their Friends at the German flatts, we shoud think of inviting them to a Treaty!
The Speech from Congress (5) was in a Tone becoming the Dignity of Congress and the Spirit and Power of the United States. The generous and upright Conduct of these States towards the Six Nations, and their Ingratitude, Cruelty and Treachery were pointed out, and Satisfaction peremptorily Demanded. The faithful Oneidas & Tuscarores were excepted and distinguished. They were applauded for their Integrity and Firmness, and assurd of our Friendship and Protection.
An Onondagoe Chief spoke for the guilty Tribes. He exculpated himself & the Sachems, threw the Blame on the Headstrong warriors who no longer woud listen to advice, laid a proper Stress on the example of our own internal Divisions and Oppositions, and painted in strong Terms the Influence of the Bribery and Artifices employd by Butler and the other Creatures of the Crown.
An Oneida Chief answered for that Nation and the Tuscarores with a Spirit and Dignity which woud not have disgracd a Roman Senator. He pathetically lamented the Degeneracy of the unfriendly Tribes; predicted their final Destruction; and declard the unalterable Resolution of the Oneidas & Tuscarores, at every Hazard, to hold fast the Covenant Chain with the united States, and with them to be buried in the same Grave; or to enjoy the fruites of Victory and Peace. He fully evinced the Sincerity of these Professions by desiring that we woud erect a Fortress in their Country and furnish a small Garrison to assist in their Defence. This being promisd on our part; He concluded with a solemn assurance that these two nations woud at all Times be ready to cooperate with Us against all our Enemies.
In a private manner they warnd us against the Onondagoes who they lookd upon as our Enemies notwithstanding their seeming Contrition for their passed Conduct: and affirmed that there was not the least doubt but that they, the Senecas, & Cayugoes, woud renew their Hostilities early in the Spring; & that Butler woud take possession of Oswego and get it fortified: For which Events they entreated us to be prepard.
In our Reply we applauded again the Courage & Fidelity of the Oneidas & Tuscarores. The other Nations we observed were not sufficiently represented to Justify our Treating with them. We directed therefore that a Council of their Confederacy shoud be assembled at Onondagoe as soon as possible; that our demand of satisfaction shoud be there publickly made, and from the hostile nations, an explicite Answer returnd: that they shoud be reminded of our upright and
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their own treacherous Behaviour: that our Cause was Just; that the Hand of the united States coud reach the remotest Corner of the Country of the Senacas; and that we trusted the good Spirit whom we servd woud enable us to punish all our Enemies & put it out of their power to do us further Injury.
The Inhabitants of the County who attended in great numbers were highly satisfied with the manner in which the Treaty was conducted. I think it will probably have a considerable Influence on the Onondagoes, upwards of an hundred of whom were present. They are much intermaried with the Oniedas & will be apt to follow their example. At Least that Tribe will be divided: But from the Senecas and Cayugoes, & the greatest part of the Mohawks, nothing but Revenge for their lost Friends, and tarnished Glory, is to be expected: especially while our Enemies are so plentifully supplied with the means of Corruption: and we cannot furnish our best Friends with the necessaries of Life even in the Course of Trade.
I hope the Facts I have suggested, which passed under my own Observation, will be sufficient to give your Excellency a competent Knowledge of the Temper and Disposition of the six Nations; and to enable you to take seasonable Measures for the Defence of our Frontier Inhabitants: at least so far as may depend on the Exertion of our internal Strength. I have conversed with the Marquis who was at the Treaty on this Subject. He has already orderd Troops to Schoharie and Cherry Valley, and directed an Engineer to lay out a fort in the Oneida Country. Sure I am that nothing in his power will be wanting for the Security of every part of this State.
As I was on my Journey to John's Town when I was honourd with the Receipt of your Dispatches: it was too late for your Excellency to execute your Trust respecting the Appointment of an Additional Commisr. for Indian Affairs. Before I left Congress it was pressed upon me to accept the office. I declind it, And on my promise to assist the Commisr. at the propos'd Treaty if necessary, the matter rested for that Time. When I met the Commisrs at Albany the beginning of January to fix the Treaty, it Appeard that there was no prospect of General Wolcot's, and no certainty of General Schuyler's Attendance. We concluded therefore to recommend it to Congress to appoint additional Commissioners, which occasioned the power committed to you.(6)
The Reason which inducd me to decline the Office of Commisr when my Acceptance was requested by Congress, is this. The Jurisdiction of this State over the Country of the Six Nations is unquestionable as well as ancient, on it depends the legality of all our Setler's in the Mohawk Country. Apprehensive that the Interference of Congress might one time or other cross the Rights or the Interests of the State, & that as a Trustee for Congress I might be embarrassed and re
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straind in supporting our separate & exclusive Jurisdiction, I did not see my way clear to engage in it: As far as I can Judge there is some Weight in the Objection. I am however not the less obliged to your Excellency for the Testimonial of your good Opinion in offering me the Appointment: When I pay you my Respects I shall take an Opportunity of conversing further upon it.
Having now, Sir, finished the Duties enjoined me by Congress on my Recess, in which to this Time I have been employd, I from this day consider myself as entring on that Respite from publick Business with which, thro' your Interposition, the Legislature have been pleasd to indulge me.(7)
I have the Honour to be, with the greatest Respect, Sir, your Excellencys most obedient huml Servant, Jas Duane
P.S. Col. Livingston desires me to inform your Excellency that he will give the Person who is to direct the Construction of the Slitting Mill all the Encouragemt he can reasonably ask. Not knowing how he values his services it is difficult to mention a price: but rather than be disappointed he would allow him 20/ a day; a Sum he mentions at Random.
Tr (DLC)
1 No February 25 "Dispatches" from Governor Clinton to Duane have been found, but on February 22 Clinton did write to Duane to notify him that he had appointed him a special commissioner for Indian affairs in the northern department. Clinton, Papers (Hastings), 2:791-92. Congress had instructed Duane on December 3, 1777, to assist the regular northern Indian commissioners in their dealings with the Six Nations, and he had been periodically engaged in this task since January. See JCC, 9:999; and Duane to Henry Laurens, January 12, 1778. There are minutes of the meetings between the commissioners and the Iroquois that Duane attended in January and April 1778 in the Philip Schuyler Papers, NN.
2 See the instructions for the Canadian expedition in Gen. Horatio Gates' January 24, 1778, letter to Lafayette. Lafayette, Papers (Idzerda), 1:249-50. Duane provided an earlier description of his encounter with Lafayette in a letter he wrote to Clinton on February 19:
"The day I dispatched my last Letter to your Excellency I was honourd with a visit from the Marquiss defayette in his Route to this City. It was his Request and the wish of the honourable Congress that I shoud attend him & give him any Information in my power. I had about the same time receivd a pressing Letter from the Commissioners of Indian Affairs to assist them at the approaching Treaty with the Six nations which will be attended with difficulty & be probably follow by an open Rupture with the Senecas and Cayugaes if they are as implacable and determind as our Advices lead us to expect. From these Considerations tho' highly inconvenient after so long an absence from my Family I repaird to this City. The Marquiss is very assiduous and active and examines and will judge for himself. It is plain that he finds neither the Troops nor preparations in the Condition he expected; nor has he met I believe with any Person civil or military in this Quarter who approves of the Enterprize tho' from this part of the State he will receive every thing he asks & they can grant. His Zeal for this Country for which he has given marks even of Enthusiasm, & his ardent desire for Glory lead him to wish the
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Expedition practicable: but he is too considerate to pursue it rashly or without probable Grounds for a successful Issue. I must mention To your Excellency a Circumstance which shews the Liberality of his disposition. He determind on his entering Canada to supply his army thro his own private Bills on France to the amount of 5 or 6000 Guineas and to present that sum to Congress as a Proof of his Love to America & the Rights of human Nature!" Duane Papers, NHi.
3 For further information about this "sudden Irruption," see Duane to John Stark, December 16, 1777.
4 For a fuller account of the genesis of Lafayette's abortive Canadian expedition, see Henry Laurens to Lafayette, January 22, 1778, note 2.
5 For the text of this speech to the Six Nations, which Congress had approved on December 3, 1777, see JCC, 9:994 98.
6 See Henry Laurens to Duane, February 3, 1778, note 1.
7 According to an account he submitted to the state of New York, Duane claimed payment for his "Services as a Delegate in Congress and on Committees of Congress from the 3d day of April 1777 to [March 17, 1778], at 7 dollars per day, being 348 days." Miscellaneous Manuscripts, NN.
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