[NORTHWEST TERRITORY]. A collection of letters, orders, and proclamations of Arthur St. Clair (1737-1818) and Winthrop Sargent (1735-1820) regarding the formation of the Northwest Territory. 1788-1791.

Manuscript, folio, 128pp. On wove legal paper. in custom cloth envelope, 8.5 x 13 in. Four signatures, each stitched.

According to a note included in the manuscript: Transcript believed to have been made about 1835 by the Ohio historian Col. John H. James from original records that were already deteriorating, many now lost. The text includes reports, letters, orders, and proclamations issued in the Northwest Territory between 1788 and 1792, mostly from Arthur St. Clair, covering the period he was Governor of the Territory at Fort Harmar in 1788 to his defeat by the Indians in 1791, with numerous letters and proclamations issued.

Most are signed "Ar. St. Clair," but Pages 50 - 77 and 104 - 126 are signed "Winthrop Sargent."

Fort Harmar July the 29th 1788

I have attentively perused the law relating to estates held in common, which you have been pleased to present to me; but I have not been able to discover any benefit that would result to the Society from the adopting it. It appears indeed to me, on the contrary, to be unfit for the Territory in its present circumstance; to be in some instances liable to arbitrary construction; in some measure to be at variance with the spirit of the ordinance of Congress; … It appears unfit for the Territory in its present circumstances…” Sgd. Ar. St. Clair.

(To Honourable Saml. H. Parsons & James M. Varnum, Esqr.): Executive Journal, Vol. 1, p 5-6.7.

Fort Harmar, July 30, 1788

(also to Parsons & Varnum)

The establishment of Probate offices in the Territory is a matter that requires the most deliberate consideration, as the whole property of the people is eventually involved in their being duly executed. The powers and duties of the officers should be defined with the greatest precision, and, in my opinion their jurisdiction laid under some limitations and restrictions which the laws you have been pleased to frame does not contain, whist in one instance if I have rightly understood it, it is confined too much, I mean in limiting the jurisdiction to the counties respectively. [Ar. St. Clair]

Fort Harmar August 2, 1788

“In framing laws in general subjects it may be difficult to connect all the particulars that may have relation to those general subjects – so far however as it is possible to recollect all the particulars, it should be done & these particulars be inserted in & because parts of the same law; and after all the attentions, legislators can pay to the particulars, it will almost always be found, when the laws are put in operation, that many things have been omitted, and consequently must be supplied, & frequently from their taking a different direction, from what was expected & designed, explained. [Ar. St. Clair]

June the 29th [1790] I thought proper to issue the following Militia orders: Port Vincennes

The situation of the country so surrounded by hostile Indians makes it absolutely necessary that the militia should at all times be prepared not only for the next spirited defense of their villages and plantations, but effectually to cooperate with the troops of the United States in convoys for the garrison, and in chastising the unprovoked insults of the savage enemy. …. W.S. [Winthrop Sargent]

Vincennes July 13, 1790

“…I regret Gentlemen that it is no in my power to transcribe for you the laws and proclamations which have been published in the Territory.

I am fully sensible that you and every magistrate should in propriety possess them, but you cannot be ignorant gentlemen that no provision has ever been made for this service. And I know of no possible means whereby they may be acquired, unless you will take the trouble of making copies from the records.

My constant attention in the Office of Secretary, had heretofore in many cases been inadequate to the duties and necessities of it. And I now find myself by the governor’s absence involved in the accumulated concerns of his trust as well as that of the Secretary. In addition to this gentlemen, the business of investigating the intricate and perplexed land claims of the ancient settlers have, is now before me, which so absorbs every moment of my time that although I am really disposed to comply with your request, it is absolutely out of my power.

Sgd. Winthrop Sargent

Letter to Major Hamtramck:

Vincennes July the 16th 1790

By intelligence from the Indian country I understand that the Miamis are and have been for some time past using every effort to effect a general meeting of the Warriors in the next month. They have not only sent their belts of invitation to the Wabash Tribes, but extended them to the Saukies and Reynards upon the Mississippi as well as the Potawatimes and Ottawa of Lake Michigan, and will most probably have the address to be in considerable force at the Miami town by that period.

I have little doubt myself that defence rather than offence is their object…..

Winthrop Sargent