been possessors for a very great while, and considering that Enterprise as a plain Contravention to the Treaty of Utrecht, which mentions that the subjects of the two Crowns shall not intrench upon one anothers Land, 'till the Decision of the Limits by the Judges delegated to that End, has sent me with orders to summon you to draw out at furthest within a fortnight the Garrison of this place with arms, munitions and other effects belonging to the people of Albany or other places, to cast down the block house and all pieces of work you raised up contrary to all law, leaving you if you think fit to establish yourselves at Lake Thechiroguen, or the Oneida River where you formerly traded and to leave the mouth of this river free, as it has always been, to the French, failing which his Lordship the Marquis of Beauharnois will take measures against you and against your unjust usurpation as he will think fit.

Montreal the 14th of July 1727.

(Signed)

BEGON.

COPY OF THE PROCES VERBAL OF THE SERVICE OF SAID SUMMONS.

[ Paris Doc. VII. ]

THIS DAY the first of August 1727, we the undersigned, Knight of the Military Order of St. Louis, Major of the Town, Castle and Government of Quebec, having in execution of the orders to us. given by the Marquis of Beauharnois Governor and Lieutenant General for the King in all New France, arrived before the Fort built by the English on the borders of Lake Ontario, at the mouth of the River Choueguen, sent to advise Mr. Bancker Commanding the Garrison of our arrival and had him informed, at the same time, that we came on the part of the Governor General Commanding in Chief over all New France, to summon him to withdraw at least within fifteen days the garrison of said fort, with the arms, ammunition and other effects belonging to individuals at Orange and other places, and to demolish said fort and other work he had there constructed.

He sent to invite us on shore and came to meet us on the bank of said river Choueguen, accompanied by two officers of the garrison, he conducted us into the fort with much courtesy and after service on the said Commandant in the usual manner of the said summons which we left him in writing in French and in English, he answered us that he was on his land and in his house; that he had been sent thither by his General Government to build the said fort there with the consent of the Six Nations and even under valid contracts with them; that if we wished, he would cause the Chiefs of the Onondaga Indians then on the spot, to come who would inform us of it; whom we refused to hear being unwilling to have any discussion with them. After which he added, that he was but a subordinate officer like ourselves, and consequently equally obliged to follow the orders of his General; that we had an order in writing from the Marquis of Beauharnois; it would be necessary for him to have one also from Mr. Burnet, his General, so as to be able to furnish his reply; whereupon we asked to have his refusal in writing, but having communicated to us that a little time would be necessary to consider of it, and if we wished he would leave us at liberty to walk wherever we pleased; and having kept us waiting about three quarters of an hour and consulted with his officers, he persisted in his original sentiments and said that he had as much right to summon the Commandant of Niagara; finally he should send the summons to his Governor General, promising to give an answer so soon as he should receive orders. Done at Choueguen the 1st August 1727. (Signed) BEGON.1 1. In Lond. Doc. XXIII. are papers purporting to be Translations of the two preceding Doc's, but they are essentially imperfect and incorrect.

GOV. BURNET TO THE GOVERNOR OF CANADA.

[ Lond. Doc. XXIII. ]

New York, 8th August, 1727.

Sir—I have received the letter which you have done me the honour to write to me, and which was delivered to me by Mr. De la Chassaigne. You have done me a singular pleasure in taking this occasion to make me acquainted with a person of so distinguished merit, and in sending along with them Gentlemen who do honour to their country. I could have wished that these marks of your good will had not been attended with a proceeding so little suitable to them.

You perceive, Sir, that I would complain of the sudden and peremptory summons that you have sent to my Officer posted at Oswego; and which was brought to me by an express, before the arri val of Mr De la Chassaigne.

I should think, Sir, that you might have waited for my reasons in answer to what you were pleased to write to me, before you took so Extraordinary a step, and that in giving so short a time, that my Officer could not possibly receive my orders before it expired.

I agree with you, sir, that the close union that prevails between our Sovereigns ought naturally to produce the like between you and me, and it shall never be through my fault if it does not subsist in all its extent. It was, Sir, with the same intention that I made my complaint in the modestest manner I could to Mr. De Longueuil, then Commander in Chief in Canada, of a Fort that had been built at Niagara and tho' I received no answer from him by the bearer of my letter and at last received one that was not at all satisfactory, I contented myself with writing to our Court about it, whence I am informed that our Ambassadors at the Court of France, has orders to represent this undertaking as contrary to the treaty of Utrecht.

This, Sir, was all that I did upon that occasion. I did not send any summons to Niagara, I did not make any warlike preparations to interrupt the work, and I did not stir up the Five Nations to make use of force to demolish it, which I might have done easily enough, since at the very time I received Mr. de Longueuil's letter, they were all come to complain to me of this undertaking, as the justest cause of uneasiness that could have been given them. I won't tire you with repeating all that I writ to Mr. de Longueuil upon that subject which he has no doubt shown to you.

I come now, Sir, to the subject of your Letter, there are two things which you complain of, first of the trade at Oswego, secondly of the Redoubt as you call it, and of the Garrison that is in it; as for the Trade I cannot understand how you could be surprised at it, since we have carried on a trade there regularly for more than five years running without opposition, and I have reason to wonder how you can call that an Infraction of the Treaty of Utrecht, since it is expressly stipulated in that very 15th Article which you cite, That on both sides the subjects of each Crown shall enjoy full liberty of going and coming on account of Trade.

Going and coming must imply (as appears clearly by what goes before) among all the American subjects or allies or friends of Great Britain and of France. It is upon this, Sir, that we pretend to have an equal right with you of trading thro' all the Lakes and all the Contiuent, and that incontestably, by virtue of the Terms of the Treaty.

It follows therein that also the Natives of those Countries shall with the same liberty resort as they please to the British and French Colonies, for promoting a trade on one side or the other, without any Molestation or hindrance either on the part of the British subjects or the French.

I cited to you before the Right which we have to carry on a Trade every where among the Indians. In these last words is contained the Right which all the Indians have to come and trade with us, and I leave it to you to reflect sincerely upon the conduct of the People of Canada, and to consider

whether they have not done all they could and do not continue still to hinder the Indians from coming to trade with us. But as for our Right to carry a Trade every where among the Indians, one cannot find expressions more contrary to the terms of the Treaty than those in your letter, where you name several places occupied by the French, who alone, say you, have had the Right and been in possession of trading there.

You will oblige extremely if you will shew me how to reconcile that with a full liberty on both sides of going and coming on account of trade which the subjects of both crowns shall enjoy. But if you say that formerly it was as you pretend, that will signify nothing, since at present the Treaty alone onght to regulate the matters.

I hope, Sir, I have said enough upon the first subject of Complaint which relates to the Trade, for to shew you the right we have to it, and to make you sensible that the future regulation of Limits, can never make any alteration in the general liberty which there is of trade.

I come now to the second subject of Complaint which relates to the Redoubt and Garrison at Oswego. It is true, Sir, that I have ordered a Stone house to be built there, with some contrivances to hinder its being Surprized, and that I have posted some Souldiers in it, but that which gave me the first thought of it, was the fortified and much larger house which the French have built at Niagara, upon the lands of the Five Nations, as it appears even by the Confession of M. de Longueuil, in his letter to me of the 16th of August 1726, for he pretends that the Five Nations had agreed to it by an unanimous consent. If that Post was not upon their Land, but upon Land that belongs incontestably to the French, I believe, Sir, that you would be very far from asking their consent to do what you had a mind to do there.

It has been always the same case with all the posts you mention and which besides had been abandoned many years before the Treaty of Utrecht, except Fort Frontenac only, which is on the other side of the Lake. It is certain that the French never built any of them but by the permission of the Five Nations, and always on pretence that they were only to be houses for the conveniency of Trade with them and without ever pretending to claim the Property of those places: And you seem, Sir, to allow almost as much yourself for you say, That His Most Christian Majesty had ordered Forts and other Establishments to be built in different places, &c., without any opposition. What has been built without opposition can never be looked on as a conquest, as Mr. De la Chassaigne would maintain, and I should be very glad to learn by what Treaty or Agreement the five Nations ever yielded to you any of their lands, On the contrary those Nations have always maintained that the Lands on both sides of the Lake Ontario are theirs and will always maintain it.

I can't comprehend what use the Article of the Treaty to which you allude, can be to you, and I can't find the words in the Treaty as you have cited them, nor even the sense entirely agreeable to them. You call the post which we have settled at Oswego a manifest infraction of the Treaty of Utrecht, it being mentioned expressly in the Treaty that the Subjects of one and the other Crown shall not molest nor encroach upon one another, 'till the Limits shall be regulated by Commissaries to be named by them for that purpose. I dont know, Sir, what copy of the Treaty you make use of, but for my part, I have compar d the French translation which I have quoted, with the Original Latin, which is printed at London by Royal Authority and have found it entirely agreeable to it.

The words we are now upon are these as follows, The Subjects of France inhabiting Canada and others, shall hereafter give no hindrance or Molestation to the five Nations or Cantons of Indians, subject to the Dominion of Great Britain, nor to the other Natives of America who are friends to the same, in like manner the subjects of Great Britain shall behave themselves peaceably towards the Americans, who are subjects or friends to France.

This is the first part at full length of what you refer to; second part is at the end of the Article in these words, But it [is] to be exactly and distinctly settled by Commissaries, who are and who ought to be accounted the Subjects and friends of Britain or of France.

Upon reading all this together it is impossible to imagine that the last clause of this Article can relate to the Five Nations, as if Commissaries were yet to determine whether they are our subjects or yours, as Mr. de Longueuil writ to me that they were neither.

This would be directly opposite to the first part of the same Article which declares them expressly subject to the Dominion of Great Britain. But as there is mention made of other Americans Allies of Great Britain and of American Subjects or friends to France, without naming them, it as clear as daylight that the Commissaries are only to determine about these last.

You have now, Sir, my reasons for acting as I have done, and of which I have given an account to the Court at the same time that I represented the affair of Niagara. I expect every day a compleat answer upon both these points, & I think myself obliged, notwithstanding all the reasons which M. De la Chassaigne has given me to the contrary, to maintain the post of Oswego, till I receive new orders from the King my Master.

You may, Sir, make such complaints hereupon as you judge proper, as you have informed me that you have already made some, and at the same time you will not think it strange that on my part I inform the Court, in what manner you have summoned the King's Officer posted at Oswego, without waiting for any Explanation from me upon it. This is a step which the King my Master may perhaps be offended at, and which His Most Christian Majesty may perhaps think fit to disown. I am very sorry, Sir to find myself under a necessity to have sentiments so opposite to yours. I should be glad to see all these differences end in a good understanding, & that you would honour me with your friendship, and it is with a great deal of respect that I have the honour to be, Sir, Your most humble and most obedient Servant.

GOV. BURNET TO THE BOARD OF TRADE.

[ Lond. Doc. XXIII. ]

NEW YORK, 24th August, 1727.

I had News that the Fort which I have been building this Spring at Oswego, at the mouth of the Onnondages River, was upon the point of being finished, when at the same time I learnt by an Express that the Governour of Canada had sent a summons to the said Fort to have it demolished and abandoned in 15 days, copies whereof in French & English both as they were delivered to the commanding officer there, are herewith transmitted. Soon after my receiving this Summons arrived here the Governour of trois rivieres in Canada, who is next in rank to the Governour of Montreal, as he is to the Governour General of Canada. This Gentleman with his attendants was sent by the Governour of Canada to deliver a letter from him to me, and to persuade me to abandon this Fort for the present and to leave it to be afterwards settled between the two Crowns, who had the Right to that place. I agreed to leave it to be decided between the two Crowns as he proposed but in the mean time thought myself obliged to hold and maintain it.

I have enclosed copies of the Governour of Canada's letter to me in French and my answer to him in the same language, together with my own translation of both letters, wherein Your [VOL. I.] 38

Lordships will find the whole argument stated on both sides. There is no variation between the French & English but what was necessary to be made according to the different Translations of the Treaty from the Original Latin, but I think my argument holds equally in either translation and as strongly in the Latin as in either.

Your Lordships know very well how backward the French have been to name Commissaries, and in the mean time if they are permitted they would seize upon everything. But this new house at Oswego will make a stand that will embolden our Five nations, & will not easily be taken without great Cannon, the wall being four foot thick of good large stone, and it is represented to me that the French cannot bring large cannon against it, since they have no way but to come up from Montreal to the Lake against a Violent stream, all full of Rifts & Falls & Shallows, where they are forced to set up with poles most part of the way in light Canoes, or Battoes, & if they had cannon to carry, it is thought they could not set them along, and by land it is all over precipices and mountains, and Rivers to cross on both sides of the great river, so that it is not believed prac. ticable for them to bring battering Cannon any way. The French have a Fort on the Lake at Cadaraqui, where the biggest Guns they have are patereros, that one man can carry about in his arms. So that probably they could bring no bigger thither.

I have had a report from some New England captives lately redeemed from Canada that the Governour of Canada was preparing 400 French & 800 Indians to attack this Fort. But there is reason to believe that this is more given out to intimidate us than really intended, and when I charged the Governour of trois Rivieres with it he utterly denyed it, but I thought I had ground enough to hint at it by way of Reproach in my letter tho' without asserting it positively. However if they should come we are provided with a double Garrison at Oswego, provisions for six months and powder and Ball sufficient for their Defence, and I have sent proper persons among our five nations with presents to them to engage them to stand by us, and not to suffer any Indians to molest us upon their Lands, as we shall be ready to defend ourselves against the French, so that I am in good hopes to be able to hold this place, in case we are attacked, and I hope Your Lordships will support me in taking these measures for securing our right to the five nations against the Encroachments and Pretensions of the French, and represent the whole affair to His Majesty, both of the French building at Niagara, contrary to the treaty of Utrecht, and of their disturbing our undoubted right of Trading and building upon the land of the five Nations at Oswego.

EXTRACT FROM THE PARTICULARS

OF THE VOYAGE OF M. DE LA CHAUVIGNELIE, OFFICER, INTERPRETER OF THE FIVE IROQUOIS NATIONS, SENT BY ORDER OF THE GENERAL WITH A MESSAGE TO THE NONTAGUES (ONONDAGAS). 1728.

[ Paris Doc. VIII. ]

Three leagues from Choueguan I sent three Wampum belts to notify the Nontagué Chiefs to meet me on business which brought me among them; and with three other belts I invited the four other Iroquois Nations their allies to repair to the Nontagués to hear the message of their Father of which I was the bearer to them.

On the arrival of the Nontagués at my tent, they told me on the part of the Commandant of Choueguen, that as I was passing his place on public business, I must fire the first salute and lower my