What could the Commissioners do? Could they refuse to hear? and having heard, could they decently throw out the document?--and retaining it, could they act upon it? The ground of discussion, which it opened, was entirely beyond the scope of their instructions. Yet the course pursued by the New York Indians seemed reasonable--all the world would deem it reasonable. The moment this document was heard by the Commissioners, their good sense taught them at once, that the object of their mission to Green Bay was entirely defeated, under the limitations of their instructions. They could do nothing definitively, under that instrument, without disgracing themselves, and disgracing the Government. The course pointed out, was a course of violence;--and however the end contemplated, was evidently resolved, and must finally be attained--the Commissioners, suddenly opening their eyes to some rays of the truth and merits of the case, had not come to this duty sufficiently conscience-hardened, to jump at once to the conclusion, in defiance of these covenants. The ground taken by the New York Indians, and the noble and intrepid vindication of their rights, was unexpected. It had not been anticipated at the War Department;--nor by the prime movers of the mischief on the premises;--it was not dreamt of any where. It was taken for granted, that they would yield to the menace held over their heads, and take what was offered, rather than risk all.
But the Commissioners being there, they might as well do something. Notwithstanding the aspects of the case were entirely changed, by the declaration and vindication of the rights of the New York Indians, and an insuperable bar thrown in the way of their errand;--yet they might as well hear what the Indians had to say on both sides; they might collect information, and report thereon to the authority, under which they acted. They might also, perhaps, in existing circumstances, safely hazard the use of some discretion. And so, it seems, they did;--although within very prudent limits. They ventured to specify and recommend terms of compromise, between the parties in controversy; and not succeeding in this, they drew up a plan of settling the disputes, which they proposed to recommend to Government.