of 700 privates each to be transported, as soon as may be, to New York, where they might possibly arrive in time to act, part of them with the Forces to be employ'd in the Expedition against Crown-point, and part with those destin'd for his Majesty's Service upon the Lakes under my immediate command, and would contribute greatly to the Success of both, which it seems of the last Importance to the Colonies in North America to have effected, if possible, in the ensuing Year; especially the Service upon the Lakes, as the inclos'd Copy of a Letter from Major Rutherford to me1 whilst I was at Oswego, and an Examination of a French Soldier confirming the Intelligence, I had before receiv'd, seems to put it out of doubt that the great Object of the French upon the Lakes is to make themselves Masters of Oswego.

I can't take upon me to say what Success the Governors will have with their respective Assemblies in prevailing upon them to raise their Quotas of Troops and Money for the general services of the next year. Very little hath been done by the Western Colonies towards it hitherto; 2 and tho' the Reduction of Crown point is a favourite Expedition with the Colonies of New England, yet the failure in it this year, partly owing in all Appearance, to the Neglect of the Officers to push it on as far as it seems possible it might have been, and partly to their Want of due Supplies of provisions from Albany will, together with the great Numbers of Men already rais'd in vain for this Service, at a very heavy Expence to those Colonies, I am afraid, make them very backward to raise the necessary Forces for the ensuing Spring. At all Events, whatever it shall be adviseable for me to attempt the next year for his Majesty's Service with the Forces I shall have, I will endeavour to carry into Execution with Vigilance and Activity. Indeed if a new Supply of Regular Troops from France shall get into Louisbourg or Quebec very early

1 See Rutherford to Shirley, Sept. 30, ante, p. 301.

2 The Colonial authorities preferred that their troops should be used within their respective boundaries. See Jonathan Belcher to Shirley, Dec. 17, 1755, I N. J. Arch. 8, pt. 2, 194.

in the Spring, unless the Colonies are reinforc'd at the Same time with Troops from England, little more can be expected to be done than to act upon the Defensive; especially if Nova Scotia should stand in need of being immediately succour'd.

In the mean time while I can't but conceive strong hopes, that at least the French Forts at Niagara may be reduc'd early in the Summer, provided we shall be able to get ready a Sufficient Naval Force upon the Lake Ontario by that time; and proper Magazines of Provisions are secur'd this Winter; both which I shall use my utmost Endeavours to accomplish in time.

If upon my Arrival at Oswego I find my Strength shall be sufficient, I am fully determin'd to begin the Operations upon Lake Ontario by an Attack of Fort Frontenac alias Cadaraqui; unless I shall receive his Majesty's Orders to the contrary; concerning which and every other part of my propos'd plan for his Service I hope I shall know his Royal Pleasure, if possible, before the Operations are begun.

I have only further to acquaint you, Sir, that a Map intitul'd "a General Map of the Middle British Colonies in America, etc.," having been lately publish'd here by one Lewis Evans, in which Fort Frontenac and the whole North Side of Lake Ontario are mark'd a part of New France, and the River Iroquois call'd St. Lawrence's River, and in the Introductory Essays to it are asserted to belong to the French by Virtue of the Treaty of Reswick; which peremptory Assertion had begun to make an Impression unfavourable to the present exigencies of his Majesty's Service, and his just Rights in some leading persons here; I have look'd into, and set forth his Majesty's Claim to this most important Place in the most accurate manner, I can at present do it, in the inclos'd State,1 which, I take the liberty to say, appears to me to shew clearly that it appertains to the Crown of

1 See Shirley's "Claim of the English and French to the Possession of Fort Frontenac," following. This map was made to accompany the text of "Geographical, historical, political and mechanical Essays." Philadelphia, Franklin and Hall, 1755.

Britain by Virtue of the Treaty of Utrecht, as part of the Country of the six Nations.

I am with the highest Respect,

Sir,

Your most Humble, and

most Obedient Servant.

W. SHIRLEY.

Rt: Honble: Sir Thomas Robinson Knt: of the Bath, one of his Majesty's principal Secretaries of State

P.S. I have, within these three Days, receiv'd fresh Intelligence by an Officer lately arriv'd from Oswego, that the French are building three new Vessells in the Harbour near Fort Frontenac.

Endorsed:

New York 19th. Decr. 1755.

Govr. Shirley

R. 10th. Febry. 1756 by Capt. Morris.

WILLIAM SHIRLEY TO SIR THOMAS ROBINSON1

CLAIM OF THE ENGLISH AND FRENCH TO THE POSSESSION OF

FORT FRONTENAC, STATED AND EXAMIN'D

Fort Frontenac is built upon the North East Edge of the Lake Ontario at the Distance of about 180 miles from Montreal, and Situated near the head of a River, which takes its rise from the said Lake, and discharges itself into the River St. Lawrence at the Island of Montreal. The country between this Fort and Montreal is mark'd upon the French Charts of the best Authority pais des Iroquois du Nord, or les Iroquois du Nord in contradistinction to the Iroquois (under which General Appellation The French comprehend

1 P. R. O., C. O. 5, 46. Inclosed in Shirley to Robinson, Dec. 19. A transcript is in the Library of Congress. See note on p. 296, preceding.

the several Cantons of Indians, call'd by the English the five Nations) who Inhabit the Country on the South Side of the Lakes Ontario, Oneida, and Mohawk's River; and the Said River is mark'd on the same Maps le fleuve des Iroquois and both of them have been Treated from the beginning as well by the French as English as belonging to the Indians of the five Nations, who for a few years past have had a Settlement at Oswegachi on the River Iroquois consisting mostly of Onondagos.

In 1672 Monsr. Courcelles1 then Governour of Canada, by large presents to the Indians and under pretence of building a trading house for their conveniency, but with a design of converting it soon into a Fort in order to bridle them, and keep them from making incursions into Montreal, obtain'd leave of them to Erect a Magazine which they have since Fortify'd and is now call'd Cadarraqui [sic] or Fort Frontenac from the Name of Monsr. Frontenac, Monsr. Courcelles Successor in the Government of Canada, who carried this project into Execution in the same Year.

In 1689 the French After many Hostilities from the Indians and disputes between them (among other things) concerning the former's holding Possession of this Fort destroy'd it and abandon'd the Country on the North side of the Lake Ontario to the Indians.

In 1695 during the War, which preceded the treaty of Reswick the French took the said Country from the Indians, and rebuilt Fort Cadarraqui on the Edge of the Lake, and Continued in Possession of it at the time of Concluding the Treaty of Reswick.

The Author of the Map referr'd to in the Letter Inclosing this,2 hath the following Remark in his Political Essays upon it page 14 Vizt: "The French being in Possession of Fort Frontenac at the peace of Reswick, which they Attain'd during their War with the Confederates, gives them an undoubted Title to the Acquisition of the North West side of

1 Daniel de Rény, Sieur de Courcelle, appointed Lieutenant General of Canada Mar. 23, 1665.

2 Lewis [Louis] Evans, ante, p. 349.

St. Lawrance River, from thence to their Settlement at Montreal; but the Confederates still preserv'd their Rights to the other side, fully to Lake St. Francis,1 leaving the rest to Montreal as a Boundary."

By the 7th Article of the Treaty of Reswick in 1697, which seems the only Applicable one to the Matter under Consideration, it is Stipulated that the most Christian King shall restore to the said King of Great Britain all Countries Islands, Forts, and Colonies wheresoever situated, which the English did possess before the Declaration of this present War, and in like manner the King of Great Britain shall restore to the most Christian King all Countries, Islands, Forts, and Colonies wheresoever situated, which the French did possess before the said Declaration of War, and this restitution shall be made on both sides, within the space of Six Months, or sooner if it can be done."

The Operation of this Treaty therefore, if it is Applicable to Question, which Crown hath the right to the Possession of Fort Frontenac and the North side of the Lake Ontario, seems to be Expressly Contrary to what the Writer of the above Political Remarks Asserts; For if the French Attained, during their War with the Confederates, that possession which they had at the Peace of Reswick, as they in fact did, after having in 1679, Evacuated it and Abandon'd it [to] the Indians, they ought by Virtue of a Treaty to have restor❜d it to the King of Great Brittain.

The negotiation between Lord Bellomont, Governour of New England and New York, and the Count Frontenac Governour of all New France which pass'd in 1689 soon after the Treaty of Reswick was concluded, May serve to shew the Construction, which both Nations then made of this Treaty with regard to the point in Question; and the Subsequent convention of both Crowns will determine which of them hath the just right to the Possession of Fort Frontenac and the Country on the North side of the Lake Ontario near as far as Montreal.

1 A name given to the St. Lawrence where it widens above Montreal.