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though gallant victims of the 4th November, 1791. This situation of the army, menacing the Indian villages, effectually prevented any attack on the white settlements. The impossibility of procuring the necessary supplies, prevented the march of the troops till the summer. On the 8th of Au-' gust, the army arrived at the junction of the rivers Au Glaize and Miami of the Lakes, where they erected works for the protection of the stores. About thirty miles from this place, the British had formed a post, in the vicinity of which the Indians had assembled their whole force. On the 15th the army again advanced down the Miami, and on the 18th arrived at the Rapids. On the following day they erected some works, for the protection of the baggage. The situation of the enemy was reconnoitcred, and they were found posted in a thick wood, in the rear of the British fort. On the 20th the army advanced to the attack. The Miami covered the right flank, and on the left were the mounted volunteers, commanded by general Toud. After marching about five miles, major Price, who led the advance, received so heavy a fise from the Indians, who were stationed behind trees, that he was compelled to fall back. The enemy had occupied a wood in front of the Britisha fort, which, from the quantity of fallen timber, could not be entered by the horse. The legion was immediately ordered to advance with trailed arms, and rouse them from their covert; the cavalry under captain Campbell, were directed to pass betu een the Indians and the river, while the volunterrs, led by general Scott, made a circuit to turn their flank. So rapid, however, was the charge of the legion, that before the rest of the army could get into action, the enemy were completely routed, and driven through the woods for more than two iles, and the troops halted within gun-shot of the British fort. All the Indians' houses and corn
fields were destroyed. In this decisive action, the whole loss of general Wayne's army, in killed and wounded, amounted only to one hundred and seven men. As hostilities continued on the part of the Indians, their whole country was laid waste, and forts established, which effectually prevented their return.
The success of this engagement destroyed the enemies' power; and, in the following year, general Wayne concluded a definitive treaty of peace with them.
A life of peril and glory was terminated in December, 1796. He had shielded his country from the murderous tomahawk of the savage.
He had established her boundaries. He had forced her enemies to sue for her protection. He beheld her triumphant, rich in arts, and potent in arms. What more could his patriotic spirit wish to see? He died in a hut at Presque Isle, aged about fifty-one years, and was buried on the shore of Lake Érie.
A few years since his bones were taken up by his son, Isaac Wayne, Esq. and entombed in his native county; and by direction of the Pennsylvania State Society of the Cincinnati, an elegant monument was erected. It is to be seen within the cemetry of St. David's church, situated in Chester county. It is constructed of white marble, of the most correct symmetry and beauty.
The South front exhibits the following inscrirtion:
In honour of the distinguished
Military services of
of respect to his memory,
companions in arms, THE PENNSYLVANIA STATE SOCIETY
OF THE CINCINNATI,
The Independence of
SOLDIER AND PATRIOT. The north front exhibits the following inscrip: tion:
in Chester county,
A. D. 1745.
at a military post
THE UNITED STATES.
Are here deposited. YATES, ROBERT, was born on the 27th day of January, 1738, in the city of Schenectady, in the state of New York. At the age of sixteen he was sent by his parents to the city of New York, where he received a classical education, and afterwards studied the law with William Livingston, Esq. a celebrated barrister in that metropolis. On the completion of his studies, he was admitted to the bar, and soon after fixed his residence in the city
of Albany, where in due time, he received the degrees of solicitor and counsellor in the court of chancery. He soon became eminent in his profession, and on account of his incorruptible integrity, was known by the appellation of the Honest Lawyer. At the age of twenty-seven, he married Miss Jane Van Ness. On the prospect of a rupture between this country and Great Britain, his open and avowed principles as a whig, brought him into political notice, and several well written essays, which were the productions of his pen, contributed, in no small degree, to establish his reputation as a writer, in defence of the rights and liberties of his country. He had already held a seat as a member of the corporation of the city of Albany, and as attorney and counsel to that board; and he was soon after appointed a member of the committee of public safety, a body of men who were invested with almost inquisitorial powers, and who had justly become the dread and scourge of that class of men called tories. By the exertions of Mr. Yates, the proceedings of that tribunal were tempered with moderation, and the patriotic zeal of the community, confined within its proper and legitimate sphere of action. We find him not long afterwards, holding a seat in the provincial congress of his own state, and, during the recess of that body, performing the complicated and arduous duties of chairman of a committee for the organization and direction of military operations against the common enemy. In the year 1777, the constitution of New York was adopted, and Mr. Yates was an active and distinguished member of the convention that framed that instrument. During the same year he received, without solicitation, the appointment of a judge of the supreme court, at a time when an extensive and lucrative practice as a lawyer, held out to him strong inducements to decline its acceptance. Regardless, however, of private
interest, he entered upon the duties of that office, rendered at the same time peculiarly delicate and dangerous. He sat upon the bench, as a writer has expressed it, "with a halter about his neck," exposed to punishment as a rebel, had our efforts for emancipation proved abortive: nor were these the least of his dangers. For in counties ravaged or possessed by the enemy, or by secret domestic foes watching every opportunity to ruin or betray their country, he was sometimes obliged to hold his courts. But no dangers could appal nor fears deter him, from a faithful and honest performance of the functions of his office. He was particularly distinguished for his impartiality, in the trials of state criminals; and he was not unfrequently obliged to abate the intemperate zeal or ill-judged patriotism of the juries, who were to decide upon the fate of unfortunate prisoners. On one occasion, he sent a jury from the bar four times successively, to reconsider a verdict of conviction which they had pronounced most unwarrantably against the accused, merely because they suspected he was a tory, though without any proof that could authorise the verdict. As the accused had become very obnoxious to the great body of the whigs, the legislature were inflamed and seriously contemplated calling Judge Yates before them to answer for his conduct. But he was alike indifferent to censure or applause in the faithful and independent exercise of his judicial duties, and the legislature, at length, prudently dropped the affair. His salary during the war, was very small, and bardly sufficient for the support of himself and family. Indeed before the scale of depreciation of continental money had been settled, he received one years' salary in that money, at its nominal value, the whole of which was just sufficient (as le humourously observed) “ to purchase a pound of green tea for his wife."
He was often urged to