quarters, found himself under an abfolute necefiny of fub mitting to the difagreeable terms that were offered him.t

In this action we had thirty killed and fifty wounded. The French were obferved to be affifted by a confiderable number of Indians, who had been long in the English alliance: Not a few of them were known to be Delawares, Shawanese, and of the Six Nations.* On the furrender of

Our

The terms of capitulation granted by Monf. De Villier, captain and commander of the Infantry of his Moft Chriftian Majefty, to thofe English troops actually in Fort Neceffity, which is built on the land of the king's do

minions.

AS our intentions have never been to trouble the peace and harmony which reigns between the two princes in amity, but only to revenge the affaffination which has been done on one of our officers, bearer of a station, as appears by his writing; as alfo to hinder any establishment on the lands in the dominions of the king my master; upon these confiderations, we are willing to grant protection and favour to all the English that are in the faid fort, upon the conditions hereafter mentioned.

ARTICLE I. We grant the English commander, to retire with all his garrifon, and to return peaceably into his own country; and promise to hinder his receiving any infults from us French, and to restrain, as much as fhall be in our power, the favages that are with us.

ART. II. That the Englifh be permitted to march out, and carry every thing with them, except the artillery, which we keep.

ART. III. That we will allow the English all the honours of war; and that they fhall march out with drums beating, and with a fwivel gun;-that we are willing to fhew that we treat them as friends.

ART. IV. That as foon as the articles are figned by both parties, they ftrike the English colours.

:

ART. V. That to-morrow, at break of day, a detachment of the French fhall make the garrifon file off, and take poffeffion of the fort: And as the English have a few horfes or oxen, they are free to hide their effects, and come and fearch for them when they have met their horfes And that they may for this end have guardians, in what manner they please, upon condition that they will give their word of honour, not to work upon any building in this place, or in any part this fide the mountains, during a year, to be accounted from this day. And as the English have now in their power an officer, two cadets, and most of the prifoners made in the affaffination of Sieur Defamonville, that they promise to fend them back to the Fort De Du Quefne, fituate on the Fine River: And for the fecurity of this article, as well as this treaty, Meff. Jacob Van Bracham and Robert Stobo, both captains, shall be put as hoftages, till the arrival of the Canadians and French abovementioned. We oblige ourselves, on our fide, to give an escort to return in fafety these two officers; a duplicate being made upon or of the poft of our blockade. July 3, 1754.

*They are called Mingoes by the fouthern Indians.

our as they fell at once to pillaging the baggage and provifions; and not content with this, they afterwards fhot fome of the horses and cattle, and scalped two of the wounded.t

Against this conduct, Col. Washington remonftrated, but all his arguments made but little impreffion upon them. The Canadians delight in blood; and in barbarity exceed, if poffible, the very favages themselves. Thus the French remained masters of the field; the Indians were riveted in their defection; his Majesty's arms unfuccefsful; and our frontiers expofed, through the ill-timed parfimony of the provinces. The enemy, on the other hand, wifely improved the present advantage, and erected forts, to secure to themfelves the quiet poffeffion of that fertile country. How evident then was the neceffity of uniting the power of the British colonies! The expediency of a plan for that purpose had been before confidered. Some measures feemed alfo abfolutely requifite for fupporting our Indian intereft, and preventing their total declenfion.

Accordingly, agreeable to his Majesty's orders, the 14th of June was appointed for a grand congrefs of commissaries from the feveral provinces, to be held at Albany, as well to treat with the Six Nations, as to concert a scheme for a general union of the British colonies. Meffengers had been dispatched to the Indian caftles to request their attendance; but they did not arrive till the latter end of the month; and the Mohawks, who live but 40 miles diftant, came in laft. This occafioned various fpecula, tions fome imputed it to fear; left the French, in their abfence, fhould fall upon their countries: Others to art, imagining that by exciting our jealousy of their wavering difpofition, at fo critical a juncture, the more liberal would be the prefents made them by the feveral governments. Not a few thought it an artifice of Mr. Johnfon's, who expecting to rife into importance, from the reputation of a mighty

Among other infractions of the capitulation, the deftruction of the doctor's box ought not to be forgotten; by which means our wounded were barbarously distressed. See Col. Innes's letter of 12 July, 1754. The Indians call their villages, which are only furrounded with pallisades, castles.

mighty influence over the Indians, kept them m punctual attendance; being very confident of a publick re queft to himself from the commiffioners, to go up, and haften their progrefs. There was the higheft evidence of the like piece of policy at an Indian treaty, during Mr. Clinton's adminiftration. The Indians however at length arrived, though fewer in number than was expected, or had been ufual on thofe folemn occafions. Hendrick, a noted Mohawk fachem,* apologized for the delay of that canton, in a speech to this effect: "There was (faid he) an "interview laft fall, between Col. Johnfon and the Six Nations, "at Onondaga, Our brethren of the other nations reported, "that his fpeech to us was concerted by the Mohawks: We "therefore come laft, to prevent any ground for the repetition "of fuch Aanders, with regard to the address now to be made "us by your Honour."

The Congrefs having been opened on the 18th of June, were ready to treat with the Six Nations; and on the 29th, after fettling difputes between the commiffioners concerning rank and precedence, Mr. De Lancey, the Lieut. Governor of New-York, addreffed himfelf in a fpeech to the Indians. On his right hand, were Meffrs. Murray and Johnfon, two of the council of New-York; next to them, Meffrs. Wells, Hutchinson, Chandler, Partridge, and Worthington, commiffioners from the Maffachufetts Bay; then the gentlemen from New-Hampshire, Meffrs. Wibird, Atkinfon, Weare, and Sherburne; and laft on that fide, Meffrs. Hopkins and Howard, commiffioners of Rhode-Ifland. On his left were feated, Meffrs. Chambers and Smith, two other of his Majefty's council for New-York; then the Connecticut commiffioners, Lieutenant-Governor Pitkin, Major Woolcot, and Col. Williams; after them, Meffrs. Penn, Peters, Norris, and Franklin, from Pennfylvania; and laft of all, Col. Tafker and Maj. Barnes, from Maryland. The treaty was conducted with great folemnity. The Indians appeared well pleafed with the presents from the feveral governments; which, compared to former donations, amounted to an immenfe value: But in their anfwer

*

A fachem is a warrior, and a man of an established reputation for his wifdom and bravery, among the Indians.

fwerminated upon us the defertion of our fort) at Saratoga the laft war; lamented the defenceless condition of our frontier city of Albany; and extolled the better conduct of the French, in fortifying and maintaining their garrifons.

The Indians being difmiffed, the conferences were continued till the rith of July. The commiffioners were, both for abilities and fortune, fome of the moft confiderable men in North-America. The fpeakers, however, were not many; but of those who spoke, fome delivered themfelves with fingular energy and eloquence. All were inflamed with a patriot fpirit, and the debates were nervous and pathetic. This affembly, my Lord, might very properly be compared to one of the ancient Greek conventions, for fupporting their expiring liberty against the power of the Perfian empire, or that LEWIS of Greece, Philip of Macedon. In the conclufion, a plan was concerted for a general union of the British colonies, and creating a common fund to defray all military expences; and a reprefentation of their prefent ftate drawn up; which were agreed to be laid before the King's minifters. Some of the gov ernments have nevertheless declared themselves averfe to this fcheme; though approved at the time by every member of the congrefs, except Mr. De Lancey. Unaccountable was the conduct of this gentleman to several of the provincial deputies. But thofe who were beft acquainted with his character and love of fway, afcribed his averfion from the plan, to an apprehenfion, that should the fame take place, the fupreme officer, who agreeably to it was to prefide in the grand council of deputies from the refpective colonies, would moft probably be the governor of the Maffachusetts Bay: An apprehenfion, which repref fed his own afpiring views; and it was imagined, fung him with unfpeakable chagrin.

As the Lieutenant-Governor will appear, in the course of this letter, to bear a principal part in our public tranfactions, it will be neceffary, before I proceed any farther, to prefent your Lordship with his picture at full length. Without

Upon the difbanding of the forces raised for the Canada expedition in 1746, and the affembly's difinclination to garrison it, the fort, by order of Mr. Clinton, was burnt and abandoned.

Without an intimate knowledge of that gentlemanry and genius, it will be impoffible to comprehend his conduct, or trace his actions, to their genuine fource.

He is the eldeft branch of one of the firft families in the province. His father, a French refugee, a gentleman of diftinguished rank in this city, and who here acquired a large fortune, fent him for his education to the University of Cambridge. He was a youth of prompt parts, and made a confiderable progress in learning, efpecially in the claffics. In the year 1729, he was, by Governor Montgomery's recommendation, created one of his Majefty's council of New-York; but never engaged the public attention, till the time of Mr. Cofby. He became then very famous. With this governor he took part in most or all of his measures; measures extremely arbitrary, and productive of an administration odious and turbulent. Colby, in return for his minifterial fervices, loaded him with favours. Depofing Chief Juftice Morris (the main obstacle to his perilous projects) he raised him to the first feat on the bench.* But though his excellency had the difpofition of offices, he could by no means delegate the affections of the people. Accordingly, our politician was equally honoured and despised. He enjoyed the fmiles of the governor, which loaded him with the curfes of the people;' was careffed by the former, and by the latter abhorred. Cosby leaving a fucceffor capable of governing without a prompter, the chief juftice found it neceffary to deface the memory of his former conduct, by cultivating the arts of popularity. Mr. Clarke, who fucceeded,† being perfectly mafter of our conftitution, a gentleman of experience and penetration, and intimately acquainted with the temper of the people, in a fhort time reconciled all parties; and by restoring the public tranquillity, rendered Mr. De Lancey's plodding abilities utterly useless. Hence he was at full leisure to court the populace. Suddenly he became transformed into a patriot; and, ftrange to relate! without a fingle act of

* Mr. De Lancey was not educated to the law; but having spent fome time, after his return from England, in the study of that fcience, Gov. Montgomery appointed him second judge of the fupreme Court of Judicature.

In March, 1736,