fourteenth day of January, one thousand seven hundred and eighty-four," and in turn were granted peace and protection. They were allotted certain lands to live and hunt upon, on the headwaters of the Great Miami and the Wabash rivers. But a fundamental error had crept into all these negotiations, and that was, that the Indians' ancient right of occupancy was not recognized. That right of present enjoyment and possession, although claimed by savages who had waged war without mercy, against women and children, was still a right. In the years to come, and after the new constitution of the Union came into force and effect, the Supreme court of the United States, sitting in solemn judgment upon this very question, would have to pronounce that the Indian tribes had an unquestioned right to the lands they occupied, "until that right was extinguished by a voluntary cession to the government," notwithstanding the fact that the ultimate fee in the soil rested in the government. To declare that the Iroquois, the Wyandots and the Delawares, suddenly became divested of every species of property in their lands, on the ground that they had forfeited them by waging war against the United States, was to declare that which could never be defended in a court of conscience and equity. But in the first hot moments succeeding the Revolution, and before men's minds had time to cool, that was practically the principle upon which the continental congress had proceeded. By consulting the records of the old congress of date October 15th, 1783, it is found that a committee composed of Mr. Duane, Mr. Peters, Mr. Carroll, Mr. Hawkins and Mr. Arthur Lee, to whom had been referred the whole question of Indian affairs, had reported in substance as follows: That while the Indian tribes were "disposed to a pacification," that they were not in "a temper to relinquish their territorial claims without further struggles;" that if the tribes were expelled from their lands, they would probably retreat to Canada, where they would meet with "a welcome reception from the British government;" that this accession of power on the part of Canada would make her a formidable rival in case of future trouble, and secure to her people the profits of the fur trade; "that although motives of policy as well as clemency ought to incline Congress to listen to the prayers of the hostile Indians for peace, yet in the opinion of the committee it is just and necessary that lines of property should be ascertained and established between the United States and them, which will be convenient to the respective tribes, and commensurate to the public wants, because the faith of the United States stands pledged to grant portions of the uncultivated lands as a bounty to their army, and in reward of their courage and fidelity, and the public finances do not admit of any considerable expenditure to extinguish the Indian claims upon such lands;" that owing to the rapid