tive." Construing the constitution to authorize a process by which the whole number of representatives should be ascertained on the whole population of the United States, and afterwards "apportioned among the several states according to their respective numbers," the senate applied the number thirty thousand as a divisor to the total population, and taking the quotient, which was one hundred and twenty, as the number of representatives given by the ratio which had been adopted in the house where the bill had originated, they apportioned that number among the several states by that ratio, until as many representatives as it would give were allotted to each. The residuary members were then distributed among the states having the highest fractions. Without professing the principle on which this apportionment was made, the amendment of the senate merely allotted to the states respectively, the number of members which the process just mentioned would give. The result was a more equitable apportionment of representatives to population, and had the rule of construing that instrument been correct, the amendment removed objections which were certainly well founded. But the rule was novel, and overturned opinions which had been generally assumed, and were supposed to be settled. In one branch of the legislature it had already been rejected; and in the other, the majority in its favour was only one. In the house of representatives, the amendment was supported with considerable ingenuity.

After an earnest debate, however, it was disagreed to, and a conference took place without producing an accommodation among the members composing the committee. But finally, the house of representatives receded from their disagreement; and, by a majority of two voices, the bill passed as amended in the senate.

On the President, the solemn duty of deciding, whether an act of the legislature consisted with the constitution; for the bill, if constitutional, was unexceptionable.

In his cabinet, also, a difference of opinion is understood to have existed; the secretary of state and the attorney general were of opinion that the act was at variance with the constitution; the secretary at war was rather undecided; and the secretary of the treasury, thinking that, from the vagueness of expression in the clause relating to the subject, neither construction could be absolutely rejected, was in favour of acceding to the interpretation given by the legislature.

After weighing the arguments which were urged on each side of the question, the President was confirmed in the opinion that the population of each state, and not the total population of the United States, must give the numbers to which alone the process by which the number of repre

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sentatives was to be ascertained could be applied. Having formed this opinion, to a correct and independent mind the course to be pursued was a plain one. Duty required the exercise of a power which a President of the United States will always find much difficulty in employing; and he returned the bill to the house in which it originated, accompanied with his objections* to it. In observance of the forms prescribed in the constitution, the question was then taken on its passage by ayes and noes, and it was rejected. A third bill was soon afterwards introduced, apportioning the representatives on the several states at a ratio of one for every thirty-three thousand persons in each state, which passed into a law. Thus was this interesting part of the American constitution finally settled.

During this session of congress, an act passed for establishing a uniform militia.

The President had manifested, from the commencement of his administration, a peculiar degree of solicitude on this subject, and had repeatedly urged it on congress.

In his speech at the opening of the present session, he again called the attention of the legislature to it; and, at length, a law was enacted which, though less efficacious than the plan reported by the secretary of war, will probably, not soon, be carried into complete execution.

In December, intelligence was received by the President, and immediately communicated to congress, that the American army had been totally defeated on the fourth of the preceding month.

Although the most prompt and judicious measures had been taken to 'raise the troops, and to march them to the frontiers, they could not be assembled in the neighbourhood of fort Washington until the month of September, nor was the establishment even then completed.

* The following is the message which he delivered on this occasion. Gentlemen of the house of representatives—

I have maturely considered the act passed by the two houses, entitled "an act for the apportionment of representatives among the several states according to the first enumeration," and I return it to your house, wherein it originated, with the following objections.

First. The constitution has prescribed that representatives shall be apportioned among the several states according to their respective numbers, and there is no proportion or divisor which, applied to the respective numbers of the states, will yield the number and allotment of representatives proposed by the bill.

Secondly. The constitution has also provided, that the number of representatives shall not exceed one for thirty thousand, which restriction is by the context, and by fair and obvious construction, to be applied to the separate and respective numbers of the states, and the bill has allotted to eight of the states more than one for thirty housand.

The immediate objects of the expedition were, to destroy the Indian villages on the Miamis, to expel the savages from that country, and to connect it with the Ohio by a chain of posts which would prevent their return during the war.

On the seventh of September, the regulars moved from their camp in the vicinity of fort Washington, and marching directly north, towards the object of their destination, established two intermediate posts* at the distance of rather more than forty miles from each other, as places of deposite, and of security either for convoys of provision which might follow the army, or for the army itself should any disaster befall it. The last of these works, fort Jefferson, was not completed until the 24th of October, before which time reinforcements were received of about three hundred and sixty militia. After placing garrisons in the forts, the ef fective number of the army, including militia, amounted to rather less than two thousand men. With this force, the general continued his march, which was rendered both slow and laborious by the necessity of opening a road. Small parties of Indians were frequently seen hovering about them, and some unimportant skirmishes took place. As the army approached the country in which they might expect to meet an enemy, about sixty of the militia deserted in a body. This diminution of force was not, in itself, an object of much concern. But there was reason to fear that the example, should those who set it be permitted to escape with impunity, would be extensively followed; and it was reported to be the intention of the deserters, to plunder convoys of provisions which were advancing at some distance in the rear. To prevent mischiefs of so serious a nature, the general detached Major Hamtranck with the first regiment in pursuit of the deserters, and directed him to secure the provisions under a strong guard.

The army, consisting of about fourteen hundred effective rank and file, continued its march; and, on the third of November, encamped about fifteen miles south of the Miamis villages. The right wing under the command of General Butler formed the first line, and lay with a creek, about twelve yards wide, immediately in its front. The left wing commanded by Lieutenant Colonel Darke, formed the second; and between the two lines, was an interval of about seventy yards.† The right flank was supposed to be secured by the creek, by a steep bank, and by a small body of troops; the left was covered by a party of cavalry, and by piquets. The militia crossed the creek, and advanced about a quarter Forts Hamilton and Jefferson.

+ In his official letter, General St. Clair says that the ground would not admit a larger interval.

of a mile in front, where they also encamped in two lines. On their approach, a few Indians who had shown themselves on the opposite side of the creek, fled with precipitation.

At this place, the general intended to throw up a slight work for the security of the baggage; and, after being joined by Major Hamtranck, to march as unincumbered, and as expeditiously as possible, to the vil lages he purposed to destroy.

In both these designs he was anticipated. About half an hour before sun rise the next morning, just after the troops had been dismissed from the parade, an unexpected attack was made upon the militia, who fled in the utmost confusion, and rushing into camp through the first line of continental troops, which had been formed the instant the first gun was discharged, threw them too into disorder. The exertions of the officers to restore order were not entirely successful. The Indians pressed close upon the heels of the flying militia, and engaged General Butler with great intrepidity. The action instantly became extremely warm; and the fire of the assailants, passing round both flanks of the first line, was, in a few minutes, poured with equal fury on the rear divi sion. Its greatest weight was directed against the centre of each wing, where the artillery was posted; and the artillerists were mowed down in great numbers. Firing from the ground, and from the shelter which the woods afforded, the assailants were scarcely seen but when springing from one cover to another, in which manner they advanced close up to the American lines, and to the very mouths of the field pieces. They fought with the daring courage of men whose trade is war, and who are stimulated by all those passions which can impel the savage mind to vigorous exertions.

Under circumstances thus arduous, raw troops may be expected to exhibit that inequality which is found in human nature. While some of the American soldiers performed their duty with the utmost resolution, others seemed dismayed and terrified. Of this conduct the officers were, as usual, the victims. With a fearlessness which the occasion required, they exposed themselves to the most imminent dangers; and, in their efforts to change the face of affairs, fell in great numbers.

For several days, the Commander-in-chief had been afflicted with a severe disease, under which he still laboured, and which must have greatly affected him; but, though unable to display that activity which would have been useful in this severe conflict, neither the feebleness of his body, nor the peril of his situation, could prevent his delivering his orders with judgment and with self possession.*

* The following extract from the official letter of the Commander-in-chief is inserted,

It was soon perceived that the American fire could produce, on a concealed enemy, no considerable effect; and that the only hope of victory was placed in the bayonet. At the head of the second regiment, which formed the left of the left wing, Lieutenant Colonel Darke made an impetuous charge upon the enemy, forced them from their ground with some loss, and drove them about four hundred yards. He was followed by that whole wing; but the want of a sufficient number of riflemen to press this advantage, deprived him of the benefit which ought to have been derived from this effort; and, as soon as he gave over the pursuit, the Indians renewed their attack. In the mean time General Butler was mortally wounded, the left of the right wing was broken, the artillerists almost to a man killed, the guns seized, and the camp penetrated by the enemy. With his own regiment, and with the battalions commanded by Majors Butler* and Clarke, Darke was ordered again to charge with the bayonet. These orders were executed with intrepidity and momentary success. The Indians were driven out of the camp, and the artillery recovered. But while they were pressed in one point by the bravest of the American troops, their fire was kept up from every other with fatal effect. Several times particular corps charged them, always with partial success, but no universal effort could be made, and in every charge a great loss of officers was sustained, the consequences of which were severely felt. Instead of keeping their ranks, and executing the orders which were given, a great proportion of the soldiers flocked together in crowds, and were shot down without resistance. To save the remnant of his army was all that remained to be done; and, about half past nine in the morning, General St. Clair ordered Lieutenant Colonel Darke with the second regiment, to charge a body of Indians who had intercepted their retreat, and to gain the road. Major Clarke with his battalion was directed to cover the rear. These orders were executed, and a disorderly flight commenced. The pursuit was kept up about four miles, when, fortunately for the surviving Americans, that avidity for plunder which is a ruling passion among savages, called back the victorious Inas showing both his own situation and his opinion of the behaviour of his troops. "I have nothing, sir, to lay to the charge of the troops but their want of discipline, which, from the short time they had been in service, it was impossible they should have acquired; and which rendered it very difficult when they were thrown into confusion, to reduce them again to order; and is one reason why the loss has fallen so heavily upon the officers who did every thing in their power to effect it. Neither were my own exertions wanting; but worn down with illness, and suffering under a painful disease, unable either to mount, or dismount a horse without assistance, they were not so great as they otherwise would, or perhaps ought to have been.

Although his leg had been broken by a ball, Major Butler, mounted on horseback, led his battalion to the charge.