within this Province, are certainly less objectionable than the Description of Persons to whom (as had the Honor of intimating to your Grace in my letter No. 3) I had heard Captain Brant was inclined to sell it. But as Reference may be had to Major General Simcoe who is in England for his opinion upon the propriety of the Measure, I shall not now presume to trouble your Grace with my Ideas respecting it. I only beg leave to request that I may (if possible) receive your Graces Instructions before I shall be under a necessity of giving any final answer to the five Nations in May next.

I wait with anxious Impatience for the arrival of the Chief Justice, that I may receive his and the Attorney & Solicitor General's joint advice & Opinions on the Subject of the Papers transmitted to Lieut. Governor Simcoe in your Graces Dispatch No. 14, before the Introduction of the proposed Bill in the ensuing Provincial Parliament. I am likewise very desirous of having the Chief Justice's Assistance in Council for the framing Regulations to render the Crown & Clergy Reserves immediately productive.

I have the Honor to be with the greatest Respect, My Lord Duke, Your Graces most obedient & most humble Servant,

PETER RUSSELL.

His Grace the Duke of Portland &c. &c. &c.

No. 30.

EXHIBIT 346.

Robert Prescott to the Duke of Portland.1

QUEBEC, 24th December 1796.

MY LORD: The inclosed Copy of a Speech (A) lately delivered by Captain Brant, relative to the Lands which were granted to the Indians of the five Nations, by General Haldimand, will explain the grounds on which they have applied for such an alteration in the grant as may enable them to sell a part of those Lands. I beg leave to add an Extract (B) of Sir John Johnson's

1Canadian Archives, Q. 78, p. 174.

Letter on the Subject and of the Answer (C) which I directed should be written to him.

As the Request of the Indians is already submitted to your grace by Mr. Russell, I do not think it necessary to trouble you with Copies of other Letters mentioned by Sir John Johnson-I have only to observe, that I think it very desirable this matter should be speedily and finally settled but I do not conceive that either as Commander in Chief, or as Lieutenant Governor of Lower Canada, I am authorized to interfere in any grant of a Territorial nature within the Province of Upper Canada.

I have the honor to be My Lord, Your grace's most obedient & most humble servt.

WEST NIAGARA, 28th January 1797.

MY LORD DUKE: A Gentleman just departing from New York affords me an unexpected opportunity of submitting to your Grace a Matter of very serious Import to His Majesty's Service in this Province.

In my Letters No. 3 and No.5, I had the Honor of informing your Grace that application had been made to me by Captain Joseph Brant in behalf of the five Nations for His Majesty's Deeds in confirmation of Sales made by them to Sundry Persons of certain Portions of the Land on the Grand River, which the late Sir F. Haldimand had in his Majesty's Name authorized and permitted the Mohawk Nation, and such other of the Six Nation Indians as wished to settle in that Quarter, to take possession of and settle, and them and their Posterity to enjoy for ever; and that I had deferred giving an answer to their request until I could convene a full Council in the Spring-before which time I prayed to be honored with your Grace's Commands for my Guidance.

'Canadian Archives, Q. 283, p. 57.

I had at the same time the Honor of transmitting to your Grace all the Documents which had until then come to my Knowledge respecting this Business.

Soon after this (as I have been informed) the five Nations, being impatient of the Delay occasioned to a Compliance with their Request by the Impossibility of collecting an immediate Council (of which I had regularly informed Captain Brant) took upon themselves to conclude Bargains for the Sale of Part of these lands without waiting for His Majesty's Sanction; and Captain Joseph Brant in their behalf as their Agent made a formal speech on the Subject to Captain Claus the Deputy Superintendent of Indian Affairs in this District (confirmed as usual by Strings of Wampum), wherein he complains that the Lieutenant Governor and other Rulers of this Province had so repeatedly broken their Promise and trifled with them, that they can have no further confidence in them; and that (were they white men) this Disappointment in not obtaining their Grant would shake their Attachment and Loyalty to their Father the King of England, and leave a Wound not easily to be healed.

A Copy of this Speech I have now the Honor to inclose for your Grace's Information. I am at the same time extremely sorry to observe that not the smallest Intimation of either the Speech or its Contents had been made to me before the 25th Instant, altho' it was delivered on the 24th of November last in presence of the Deputy Superintendent of Indian Affairs and all the Military Officers in this place, except the Engineer.

On the 4th instant I received a letter from Mr. Justice Powell just upon the Eve of his departure for Europe with two Inclosures stating that about two years past in a conversation with Captain Brant on the Subject of a Murder committed by his Son on a white Man in his Village, that Chief, after professing that individually he should recommend to his young Men Submission to the King's Laws, Superadded his doubt of the prudence of any Attempt to enforce them; asserting that in Case of Need it would be seen who had most Interest with the Militia, and that the Governor would not be able to make them act against him; which, for reasons therein mentioned, he (Mr. Powell) took no Notice of. But that some Weeks past learning that Government had been insulted by Captain Brant in the person of the Administrator, and that undue Reflections had escaped him on the Subject of a Power to alien

lands on the Grand River &c he deemed it prudent to communicate to the Administrator the whole of what had come to his Knowledge on both Subjects, &c. &c. &c.

Not having received from Mr. Powell any previous Communication respecting the latter Circumstances mentioned in the above Papers, I was at a loss to Comprehend what he alluded to; and tho' very late at night I immediately sent off an Express in hopes of catching him to request an Explanation for Captain Brant had always behaved with the utmost personal respect to me, and I had not before heard that he had taken the improper liberties Mr. Powell hinted at. The next day my Messenger returned with Mr. Powell's answer a copy of which I have the honor of inclosing to your Grace; and I immediately laid all the papers relative to this Business before the Chief Justice and Mr. Smith, who were the only counsellors present, requesting their advice how I was to act in this very singular emergency. It being however their opinion (which was perfectly consonant to my own) that, as Captain Brant's Boast respecting the Militia might have been only the idle vaporing of an Indian, having no other object than the impressing an Idea of his own Consequence, and Mr.Powell as probably misinformed (agreeably to his own Suggestion) with regard to the Insult said to have been offered to Government in my Person, it would be unnecessary to trouble your Grace with an immediate Report on the Subject but that I should rather wait until I had an opportunity of hearing from Captain Brant what had induced him to express himself to Mr. Powell so imprudently and whether the other part of the Intelligence had any foundation, I waited Events in full Confidence that the whole would vanish in Smoke. However the instant I saw this Speech I ceased to hesitate respecting the propriety of transmitting all the Papers immediately for your Grace's Information. And Captain Brant happening to be here at the time I convened the other Gentlemen of the Council, and requested his Attendance with that of the Superintendent. He was however with difficulty prevailed on to favor us with his presence, and that only by a promise that he should not be required to retract anything he had said in his Speech.

Conscious that it might be impolitick in the present weak State of this Province to provoke Insult even from an Indian

Tribe, tho' I was fully sensible of the propriety of supporting the Dignity of Government, I addressed Captain Brant with great Mildness and told him that I was very sorry to observe from a Speech of his just put into my hands, that he thought the five Nations had cause to complain of being deceived and trifled with by either Governor Simcoe or myself; that not knowing what promises might have been made to them by the Governor, I could neither disprove nor vindicate the Breach of them, but that I had reason to believe from everything I had heard from Governor Simcoe that he was fully sensible of the attachment of the five Nations to His Majesty, and that he had been uniform in his wishes to render their Situation comfortable & happy, and that I had myself been witness to many instances of personal Civility & regard shewn by His Excellency to him in particular. With regard to my own Conduct during the short time I had the Honor of administering this Government, I could with Truth aver that I lost not a moment in paying proper attention to the Wishes of the five Nations the instant I knew them; that I immediately summoned a full Council to take them into Consideration agreeable to my promise to him; and that, if from the lateness of the Season and other Causes not within my Power of removing the Members of it could not be collected before the Spring, not ing on that Account could possibly attach to me. That I instantly communicated this Disappointment to him for the Information of the five Nations, and told him I should transmit a Report of their Request with the papers he had sent me to the Secretary of State for the King's Information, and I expected to receive His Majesty's pleasure thereon in time to enable me to give a satisfactory Answer to their wishes. I was therefore surprised to find that he had placed so little confidence in what I promised him, as not to wait the Stipulated time before he proceeded to such Extremities. Captain Brant said in answer, that the five Nations had been so repeatedly disappointed, their Patience was exhausted; that Governor Simcoe had promised to confirm their Sales of the land by the King's Deeds; and that having no doubt but I had received his Instructions to carry that promise into Execution, they were astonished at hearing from me that I not only knew nothing of it, but that I did not deem myself authorized to comply with their request without the unanimous Advice of a full Council which could not be assembled before the Spring, and that they con