of his knowledge and information on this subject. It appears however sufficiently clear, from the express terms, under which the land in question was given to the Six Nations, that altho' it belongs to them solely and exclusively they are positively restricted from alienating or disposing of it to any other Persons whatever. The situation of the Grand River, which leads directly into the most important part of the Province is a proof of the prudence and foresight, which dictated the Provision against the most remote possibility of such an important Tract of Ground ever becoming the Property of any other Persons, without His Majesty's Special assent being obtained for that purpose. And this is a circumstance, which you will not fail to represent to the Six Nations, as no less important to their welfare, as His Majesty's Old and faithful Friends, than to the Welfare of the Province at large. At the same time, you will make them duly sensible of Parental regard which His Majesty feels for them and of his desire to meet their wishes in any manner, in which it can be done, consistently with the principles on which the original Grant was made to them; which Principle it is our mutual Interest to maintain, and to be governed by, in every Transaction which may happen to pass between His Majesty and them. At the same time that you explain these circumstances to the Six Nations, and His Majesty's Gracious disposition to obviate the difficulties, which stand between His Majesty, and His desire to gratify them, so far as it can be done consistently with their own safety and happiness, you will learn the Terms proposed, and the amount of the annuity which was to have been paid by the Persons with whom the Six Nations were in Treaty for the Lands in question, and you will transmit to me the particulars in order that His Majesty's Servants may take the same into their consideration, with a view of meeting the Ideas of the Six Nations on this Subject and of substituting in lieu of the Lands in question, such an equivalent, as shall be equally beneficial and satisfactory to the Indians at present, and shall have an advantage in point of security which it is not in the power of any Individuals to offer. I shall not fail to give attention to the Petition of Mr. Jarvis transmitted in your Letter No. 4 of the 19th of October last.

I am &c.

PORTLAND.

Endorsed:-To Mr. President Russell, March 1797. Read by the King.

EXHIBIT 349.

Proceedings of the Council.1

COUNCIL CHAMBER, February 5th, 1798.

Present: His Honor Peter Russell, Esqr., President; The Honorable Aeneas Shaw, John McGill & D. W. Smith, Esquires. Captain Joseph Brant appeared before the Board, and declared that he came at the desire of the five Nations settled on the Grand River to surrender to the King in their name a certain portion of the Lands they hold there under a grant from the late Sr. Frederick Haldimand. He then produced the power under which he acted which was ordered to be read, and it appearing that this power dated the 2d November 1796 Constituted Captain Joseph Brant an Agent and Attorney of the five Nations for the Express purpose of Surrendering & quitting claim to His Majesty a certain portion of the Lands they hold on the Grand River, for certain reasons and purposes which are therein fully set forth. The Board came to a Resolution that the Surrender should be accepted. Upon which Captain Joseph Brant advanced to the President and in the Presence of the Board surrendered to him in the Name of the five Nations for His Majesty their claim to a certain portion of their Land on the Grand River amounting to three hundred and fifty two Thousand seven hundred and seven acres, which he prayed in their name that His Majesty would be graciously pleased to grant in certain Portions, to (Philip Stedman) Richard Beasley, Esqr. James Wilson and St. John Baptiste Rousseau, Wm. Wallace, Wm. Jarvis Esqr. (& Benjamin Canby) leaving a blank for another Portion which they are hereafter to recommend for. This Surrender was made by putting into the President's hands in the name of the five Nations an Instrument of Surrender of which the following is a Copy.

To His Honor Peter Russell, President, and Administering the Government of His Majesty's Province of Upper Canada, We the Chiefs Warriors and People of the Mohawk or five Nations settled under His Majesty's Authority upon the Ouse or Grand River in the said Province, these our several and respective requests to His Honor the said Peter Russell as His Majesty's representative in the said Provinces, by and thro' our Attorney

1Canadian Archives, Q. 1798, p. 81.

Captain Jos. Brant Our Brother duly constituted and appointed in and by virtue of the annexed Instrument or power of Attorney by us and for this special purpose made. Present.

Whereas it pleased His said Majesty by a certain Instrument under the hand & Seal at Arms of Sr. Frederick Haldimand some time His Majesty's Captain General and Governor in Chief of the Province of Quebec and territories (now the Provinces of Upper and lower Canada) dated at Quebec the twenty fifth day of October in the Year of Our Lord 1784, and in the Twenty fifth year of His said Majesty's Reign, to authorize and permit us the said Mohawk Nation & others of the six Nation of Indians, as might desire so to do, to take possession of and settle on the Banks of the said River, which said Instrument follows in these words to wit "Frederick Haldimand Captain General and Governor in Chief of Quebec and territories depending thereon &c &c &c. General and Commander in chief of His Majesty's Forces in the said Province & the Territories thereof &c &c &c. Whereas His Majesty having been pleased to direct in consideration of the early attachment to his cause manifested by the Mohawk Indians, and of the loss of their Settlement, which they thereby sustained that a convenient tract of Land under His protection should be chosen as a safe and comfortable retreat for them and others of the Six Nations who have either lost their Settlements within the Territory of the American States, or wish to retire from them, to the British; I have at the desire of many of these His Majesty's faithful Allies purchased a tract of Land from the Indians situated between Lakes Ontario, Huron, and Erie-And I do hereby in His Majesty's Name Authorise and permit the said Mohawk Nation and such other of the Six Nation Indians as wish to settle in that Quarter to take possession of and settle upon the Banks of the River commonly called Ouse or Grand River running into Lake Erie allotting to them for that purpose Six Miles deep from each side of the River beginning at Lake Erie and extending in that proportion to the head of the said River, which them, and their posterity are to enjoy for ever-Given under my hand and Seal at Arms at the Castle of Saint Lewis at Quebec the 25th day of October 1784, & in the 25th year of His Majesty's Reign. Signed Frederick Haldimand (Countersigned) by H. E. Command—R. Mathews."

And whereas by the settling of the Lands near to and round about the said River by His Majesty's Subjects, Our hunting grounds now scarcely afford us the means of Support, and are likely to be more and more contracted by an encrease of People; and Whereas We the said Chiefs, Warriors and People of the Mohawk or five Nations being well assured of His Majesty's benevolent intentions towards us, and our Posterity having now an opportunity of obtaining by way of annuity a more certain & permanent means of support by a sale of such parts of the lands as are now as hunting grounds intirely useless do humbly beseech His said Majesty to permit us to dispose of the same, And for that purpose, We the said Chiefs, Warriors, and People, of the Mohawk or five Nations, are Solicitous and desirous of Surrendering, relinquishing and quitting claim and by this Instrument signed and sealed for himself and for us by our said Attorney, do hereby for ourselves and our posterity Surrender relinquish and quit claim to our possession of such parts of the said Lands, as are mentioned in the Schedule to this Instrument annexed which we hold of His said Majesty by the Authority aforesaid; and do beseech his said Majesty to grant the same in fee to the Persons in the said Schedule mentioned for the several and respective considerations to the said Lands annexed Which we are to receive from the said Persons, as an Equivalent for the same.

In Testimony of which said request being made by us the said Chiefs, Warriors and People of the Mohawk or five Nations, for us and our Posterity, Our said Attorney Captain Joseph Brant for himself as well as for us and our Posterity hath hereunto affixed his hand and seal, in virtue of our power aforesaid this fifth day of February in the 38th year of His Majesty's Reign at York in the Province of Upper Canada.

Signed, Sealed and delivered for the purposes therein mentioned in the presence of His Majesty's Executive Council of the Province of Upper Canada.

Witness:

JOHN SMALL,

Clerk of the Council.

[Document Annexed.]

This is a Schedule of the Names of Persons-The respective sums of Money paid by them and of the Numbers of Acres Surrendered by us the Chiefs, Warriors and People of the Mohawk or five Nations, as Expressed in the Instrument hereunto annexed Signed for us and for himself by our Attorney Captain Joseph Brant. To which Schedule as being made in Our Names, and for us the said Chiefs Warriors and People of the Mohawk or five Nations, & for our Posterity Our said Attorney has by our directions and in virtue of our Power hereunto affixed his hand & Seal.

PROVINCIAL
CURRENCY.

No. 1. Philip Stedman...... Sold for £8841...On both sides the River Containing

Wm. Jarvis, Esqr....Sold for £5775...On the Eastside near the Mouth, Con

Which Instrument of Surrender the President accepted in His Majesty's Name for His Majesty, and in His Majesty's Name consented to reconvey the Land they had thus surrendered by Grants under the Great Seal of the Province to the Persons whose Names are mentioned in the Surrender, they being each of them Subjects of His Majesty, and Freeholders of Land in this Province.

The Attorney General then produced the Deeds of Grant (five in number) which the President signed in presence of the Board and ordered that the Great Seal of the Province shall be affixed