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 incroach 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 compared 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; the the second part is at the end of the Article in these words, But it [is] to be exaetly 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 Americans Subjects or friends to France, without naming them, it is as clear as day light 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, not withstanding 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 Kings 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. XXII1.]

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 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 every thing. 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 large good 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, & by land it is all over precipices & mountains, and Rivers to cross on both sides of the great river, so that it is not believed practicable for them to bring battering Cannon any way. The French have a Fort on the Lake at Cataraqui, 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 CHAUVIGNERIE, OFFICER, INTERPRETER OF THE FIVE IROQUOIS NATIONS, SENT BY ORDER OF THE GENERAL WITH A MESSAGE TO THE NONTAGUES (ONONDAGAS).

[Paris Doc. VIII.]

1728.

Three leagues from Choueguen 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 flag. This proposition surprised me; my people would persuade me to do so. I therefore suddenly stood up and said to them-Ye know such is not the intention of your Father Onontio whose message I carry. A young fool in the canoe of those of the Lake said to me aloud, that he would fire and salute the fort. I replied to him, Indian fashion, that he lied and that I should not suffer it, being unwilling either to witness or be accomplice to such a folly; that I was surprized he had so soon forgotten the words of his father Onontio whose intentions I had communicated to him during our voyage; that I had no manner of business with him who was Commandant of the house at Choueguen.

They returned to said fort and reported to me that the Commandant insisted on what they had first communicated to me. I asked them whose was the land over which I wished to pass? This question caused them to droop their heads and they remained in pensive silence. It was not until I told them that I wanted a decisive and substantial answer, that they replied-The ground over which I wished to walk was theirs. I then said to them, since it was their property I, as child of their father Onontio and