I am not inclined, sir, to enter into a discussion of the extent or operation of those principles of society, or of that practice of political communities "which," you observe, "will frequently concur in postponing the enjoyment of a particular right, or interest, of a part of a nation, to considerations respecting the safety or welfare of the whole nation;" but it is obvious, that a doctrine of this nature must depend essentially upon the terms of the social or political compact to which it is applied, and that, of all the modifications of which it is susceptible, the least adapted to our system of Government, (a Federal Republic) would, perhaps, be the acknowledgment of a discretionary power in the Executive magistrate of a particular State, to suspend, under any circumstances, the execution of a law, enacted by the only competent authority, and directed by legitimate means, to a legitimate end. The question on the propriety of consulting the welfare and interest of the whole nation, at the expense of a part of it, might, indeed, be justly proposed to the Legislature of Pennsylvania, and would, I am persuaded, receive, from that department of our Government, a liberal consideration; but you will recollect, sir, that my difficulty occurred, because the question was proposed to the Executive magistrate, who, if he had not originally the authority to interpose, could not, I was apprehensive, acquire it, merely from the consideration of "the weight of the reasons" which might be suggested on the subject.

It may be proper here to remark, that my determination to continue the suspension of the Presqu' Isle establishment, till the President shall vary the opinion which he has delivered, is founded principally on the assurances I have received, that the obstacles are of a temporary nature; and, consequently, that the success of the attempts, which you inform me are put in train to remove them, may be so seasonably attained, as to admit, not only of an accommodation of the views of the General Government, but, also, of the execution of the law of Pennsylvania, within the period contemplated by the Legislature. For, although no arguments can be necessary to convince me of the patriotic attention of the President to the interests of the Union, it would be contrary to the ideas which I entertain of his justice, candor, and wisdom, to suppose, that, in order to facilitate the duties of his station, he would advise me to pursue a measure, inconsistent with the duties of mine, or that he would deliver an opinion to the

Executive of any State, which it might be thought indelicate to disregard, and illegal to adopt.

I am, with great respect, sir, your most obedient servant,

THOMAS MIFFLIN.

EXHIBIT 59.

General Gibson to Governor Mifflin.1

PITTSBURG, June 20, 1794.

SIR: I had the honor of receiving yours per this day's post: in my last, I informed you that I had ordered one hundred and fifty militia, for the protection of the frontiers of Westmoreland, and have wrote to the different brigade inspectors to have their quotas complete.

The enclosed letters have since come to hand, and from their contents, and the information received by a man, who left Cornplanter's town about twelve days ago, we have every reason to conclude that the Six Nations will be obliged to join the Western Indians. This man declares, that an attempt had been made to take his life, by an Indian, but that the Cornplanter prevented it, by telling the Indian the time was not yet come for them to strike: that the Indians, at the towns, appeared very surfy and illnatured, and that a person of the name of Jennings, who lives at the Cornplanter's town, informed him, that he thought the Cornplanter must join the Western Indians.

I am in great hopes Captain Denny, with his detachment, will get safe to Le Boeuf, and will be able to make a stand, until he can be supported. I shall use every means for the protection of the frontiers, and shall afford Captain Denny every assistance in my power, if necessary.

It is more than probable, that, in a few days, the result of the council at Buffalo creek will be known; if favorable, the Indians will send in messengers to palliate their conduct; if the reverse, they will strike on our frontiers. I shall, at any rate, give you the earliest information.

1American State Papers, Indian Affairs, Vol. I, p. 514.

EXHIBIT 60.

Extract of a letter from Captain Denny, dated fort Franklin, June 14th, 1794.1

SIR: I have the honor of acknowledging your two letters, dated the 9th and 11th instant: after receiving the first, we concluded it would be best to proceed upon our march. We arrived here the day before yesterday, all well. The account of Ransom's people being killed was too true, but by what nation of Indians, is yet doubtful. Mr. Ellicot and Mr. Wilkins have written, and sent two runners for the Cornplanter, and they have requested me to wait the return of the express: when they arrive you shall be informed of the success of the message. I am suspicious the old fellow will not show himself. The fact is, that the Indians, about here, from twenty downwards, for some time past, have been exceedingly insolent, treated the officer, the fort, and every person about it, with the utmost contempt; but, since our arrival, they have altered their tune, so say Lieutenant Polhemus and Doctor McCray. We have written to Le Boeuff, and gave the officer there a caution: the day after to-morrow the runner is to be back. Van Horn and Bales, the two men who brought your last letter, saw one Indian at the plain, about twenty miles this side of Pittsburg, and the trace of six or seven.

June 16th. Yours, enclosing a copy of Polhemus', came yesterday. The Cornplanter's nephew arrived from the towns about the same time. He delivered a long speech from his uncle to Lieutenant Polhemus. Upon summing up the whole, we have not a shadow of doubt, but that a plan was formed to destroy all the posts and settlements in this quarter. It was all done upon the strength or prospect of a war between the British and ; that subsiding, the other, I am in hopes, has also. There is no doubt but the English will urge them to join the Western Indians, and have done every thing possible, and perhaps a few may; but I rather think that, unless we have a war with them, we'll have none with the Six Nations generally.

The Cornplanter has gone to another council at Buffalo; he set out the same time the nephew started for this place, and will

American State Papers, Indian Affairs, Vol. I, p. 514.

return in about ten days. He says he is very sorry for the mischief done lately, and is extremely concerned at the account given of their going to take up the hatchet; says they are bad men that reported it; that it's a lie, and insists upon knowing who the information came from, as it is evident that a stroke was meditated, but now, perhaps, dropped. Every apology, which he can possibly make, won't be sufficient to clear him of the imputation of a traitor.

Some of the nation say the English have bought O'Beal. We shall spend two days to come, in helping Mr. Polhemus to put his garrison in some state of defence: for, should any thing happen it, we should fare the worse above.

EXHIBIT 61.

General Gibson to Governor Mifflin.1

PITTSBURG, July 7th, 1794.

SIR: The enclosed papers, from Captain Denny, came to hand yesterday, which, with two other letters directed to your Excellency, and one to General Knox, I now send to you, by express, as they contain matter of the utmost importance to the State.

The British have, at length, succeeded in accomplishing their long wished for object, in getting the Six Nations to join the Western Indians against the United States, and I am afraid our frontiers will feel the effects. Your Excellency may rest assured, that nothing shall be wanting on my part to afford them and Captain Denny every assistance in my power. I was under the necessity of promising forty dollars to the express for his service, as none could be got to engage lower; you will please to order him to be paid.

[Enclosure 1.]

Israel Chapin to the Commanding Officer at Le Boeuf.

PRESQU' ISLE, Tuesday, 24th June, 1794, at 3 o'clock P. M. DEAR SIR: I have just arrived at this place, with a deputation from the Six Nations of Indians, consisting of sixteen chiefs and warriors, with a message we were desired to deliver to some people, whom they supposed were here. I thought it would be consistent to inform you of my arrival, and that I shall be at Le Boeuf to-morrow, at 2 o'clock, with this deputation. I am, sir, your most obedient servant,

A true copy.

JAMES TRIMBLE,

Deputy Secretary.

ISRAEL CHAPIN,

Secretary of the Six Nations.

[Enclosure 2.]

Captain Ebenezer Denny to Major General Gibson.

FORT LE BOEUF, June 27th, 1794.

DEAR SIR: Enclosed you will receive a copy of a message brought me by a deputation of chiefs and warriors sent for that purpose, from the Six Nations, and also our reply. You will perceive by the message, that the Indians are disposed to have us pushed back; and if we dont leave the country, they are to consider us as no friends. I don't apprehend much danger here, as long as we can keep our men together; but, at present, a number of the people who were on before me, are ill with the flux; and the working parties, which we are necessarily obliged to have at some distance, together with two escorts, one sent to Franklin with pack-horses, the other somewhere between, and Cassewago, with boats, reduces our force very considerably. Doctor Wilkins has made a requisition for ten or twelve men, to be sent to Pitt, to guard a drove of cattle on to this place. From the present