gave me Sincere concern.-I am of opinion if Capt. Claus chooses to have the Appointment he will get it. he is now at St. Johns Sitting on a Court Martial Trying Major Porter of the 1st Batn. of the 60th. I am not able to say what the Charges are against him-I will pay Mittlebergen and will write you fully when the Indain presents go up which I hope may be next week, and am with Every Wish for your own and your family' health and happiness.

My Dear Namesake, Yours faithfully & Most Sincerely,

I take this opportunity by Captain Hugh McDonell (who is going to England) to express my very great concern at your Excellency's long Detention at Quebec; which if I could have had the Slightest Suspicion of, I would have done myself the Honor of addressing a letter to you there, tho' I really had nothing to inform you of that was worth your attention.

As the inclosed Copies of my Letters to the Duke of Portland and General Prescott can give you the best Idea of what I have done in my Administration of Your Government since Your Excellency's Departure, I need not trouble you with the repetition of it here. I have consequently only to mention that I am much distressed how to act with respect to the Land on the Grand River claimed by the Six Nations, especially as I am unacquainted with the promises made to Capt. Brandt or Your Excellency's final Determination on that Subject. Application has been repeatedly of late made by that Chief to the Attorney General for Deeds to Sundry Persons subjects of the United States (some of them Officers in their Army) to whom he has sold considerable Tracts of it. But was I satisfied of the propriety or prudence of exceeding the Kings Instructions by giving His Majesty's Grant to Individuals

1Canadian Archives, Q. 282, p. 583.

for more than 1200 Acres, I have no assurance that the granting away this Land to them upon Captain Brandt's Recommendations would discharge the Engagements by which Sir Frederick Haldimand has bound Government to the Six Nations respecting it; nor am I clear that I shall not in doing so Act a part more inimical to the King's Interests, and the safety of this province by thus permitting considerable Bodies of Aliens (of whose fidelity I have every reason to be suspicious) to obtain so large a property in the very Heart of it, to which they may throw open a wide Door by the Mouth of that River for the Introduction of their Countrymen whenever they shall form the Design of wresting this Country from us. These are certainly matters which require the most serious Deliberation, and I should have been happy to know the pleasure of His Majesty's Ministers thereon before I was called upon to act so decisively-But I have now only to lament my total want of Instructions & to endeavor with the advice of the Executive Council to evade signing the Deeds required until I may receive an Answer from the Secretary of State to my letter on this very delicate Business. Should Captain Brandt however in the mean time determine to convey this land in his own way to 'these people and settle them upon it, I am sorry to say I have not the means of preventing him without risking the chance of involving this province in an Indian & perhaps an American War, to which Your Excellency too well knows our present strength & Resources are very inadequate.

The last Accounts from the Westward informs us that the Creeks have sent a Hatchet to the Hurons & the other Indian Tribes of that Confederacy inviting them to War against the Americans, and threatening them with the immediate Effects of their Venegeance if they refuse to accept it.

This Place (as usual at this time of year) begins to be very sickly-York much less so. The Servants of my family are almost all down, and no artificers of any Description can be got to forward either public or private Buildings at York-To which I am sorry to add that the Acting Surveyor Generals present Indisposition puts it out of his power to attend Councils there, & consequently obliges me to call Major Shaw and Captain McGill over to form a Council at this place.

I hope this Letter will find Mrs. Simcoe & Your Excellency comfortably seated with Your Family at Wolford Lodge, and that the

Voyage has perfectly established your Health-Miss Russell desires to join with me in respectfull Compliments to you both, and I have the Honor to assure Your Excellency of the Sincere Esteem & Attachment of

Dear Sir, Your ever faithful and obliged Servant

His Excellency

GENERAL SIMCOE

&c. &c. &c.

PETER RUSsell.

Copy.

EXHIBIT 340.

John White to the Administrator.1

NIAGARA, September 26th 1796. SIR: In Obedience to your Honor's Desire I now inform you that the Indians living on the Grand River were originally settled there under an Instrument (as I am informed) bearing the Seal and Signature of the late Genl. Haldimand, while Governor of the Province of Quebec.

When His Excellency Lt. General Simcoe assumed the Government of this Province they applied to be confirmed in their possession. An Instrument accordingly passed the Seal, by which they would have taken a Conditional Grant in ffee, if they had accepted the Deed. For as His Majesty's gracious Intention was understood to be, that the Six Nations & their Heirs should have a place whereon they might reside for ever undisturbed; they had no power under this Instrument of alienating or even leasing. This Deed however was refused, as your Honor must remember. Since that time Captain Brandt on behalf of the Six Nations. has been very importunate, and I believe that the Lieut. Governor was induced to apply to Lord Dorchester as Commander in Chief for Instructions who sent him the Draft of a Deed prepared by the Attorney General of Lower Canada. A copy of this Draft was sent to Captain Brandt, and another to me, And in a Conversation that I had with that Chief, who made me a visit soon after,

'Canadian Archives, Q. 283, p. 18.

I found he had been referred to me by the Lieut. Governor for such further arrangement as might be necessary. This Draft empowered them to sell or lease without exception, provided they previously made an offer of the land to the King. They have unequivocally refused to receive this deed, the grounds of their objection I am not acquainted with. It is my duty to state to your Honor that I had strong legal doubts of the propriety of the Deed that was intended to be given to them. But I conceive it unnecessary to trouble your Honor with a repetition of the Suggestions that I laid before His Excellency the Lieut. Governor, who will doubtless inform His Majesty's Ministers of every difficulty. The principal, & on which the others hinged, was that the Six Nations do not acknowledge the Sovereignty of the King. They call themselves Allies; and in such case are I presume to be considered as Aliens. I doubt then the propriety of this Mode of conveying the Land, and therefore urged the Lieut. Governor to advise with His Majesty's Ministers fully before any further step was taken. But Captain Brandt & the Six Nations continuing very importunate; and the Lieut. Governor finding himself much perplexed; I suggested that if the Six Nations would surrender all Title to the land they possessed, and were desirous of selling (for it is to enable them to confirm Sales of large Tracts, that they are so anxious for a Deed) His Majesty would grant to such persons as they would recommend such Tracts as they were desirous of conveying. At the time that I suggested to His Excellency this Mode of getting rid of a very great difficulty, I was not aware of the Instruction that your Honor has since mentioned -not to grant to any Individual more than 1200 Acres!-What I proposed was approved by the Lieut. Governor and acceded to cheerfully by the Six Nations. But I have some reason to think that they have since changed their Sentiments.

This is an exact Statement of the particulars concerning the Indians, which I submit to your Honors wisdom-and remain most respectfully,

Sir, Your Honors most obedient and Humble Servant,

(Signed)

His Honor The Administrator.

JOHN WHITE A-G.

No. 3.

EXHIBIT 341.

Peter Russell to the Duke of Portland.1

UPPER CANADA, 28th September 1796. MY LORD DUKE: I have the honor to transmit herewith for your Graces Information the copy of a Letter I worte to General Prescott on the 29th of August, and to mention that my apprehensions respecting Ensign Brown's Safety have been since remove by His Excellency's having sent to the Post at St. Joseph a Captain & forty-two men belonging to the Canadian Volunteers. However the regular Force in Upper Canada is still in my humble opinion very inadequate to the Service, as the Numbers reported to me on the Ist. Instant (even with this addition) amount only to 461 Rank & file, and these I understand have been since considerably diminished by desertion.

Several applications having been lately made to the Attorney General by Captain Brandt in behalf of the Six Nations for Deeds to sundry Persons, Subjects of the United States (some of them officers in their Army), to whom that Chief has sold considerable Tracts of the Land given to those Nations on the Grand River by Sir Frederick Haldimand; and being altogether ignorant of the Nature of this Gift, or the Promises made to Captain Brandt, or whether this Business has been explained to His Majesty's Ministers, I judge it prudent to defer the signing any Deed which may convey this land to Aliens, until I have the Honor of receiving your Graces answer to this Letter. For was I satisfied of the propriety of exceeding in this Instance the Kings Instructions by giving His Majesty's Grant to Individuals for more than 1200 Acres, I have no assurance that the granting the land in question to Captain Brandt's Recommendations would discharge the Engagement by which General Haldimand has bound Government respecting it to the Six Nations. Nor indeed am I clear that I shall not in doing so act a Part more inimical to my Royal Masters Interests and the Safety of this Province by thus permitting considerable Bodies of Aliens (of whose fidelity I have reason to be doubtful) to obtain a Property in the very Heart of it, to which

1Canadian Archives, Q. 1796.