either justice to individuals or public policy render indispensable; and in order to simplify our discussions, by defining precisely their objects, I have the honor to propose that we shall begin by specifying, on each side the particular acts which each considers to have been done by the other, in contravention of the treaty. I shall set the example.

The provisional and definitive treaties, in their 7th article, stipulated that his "Britannic Majesty should, with all convenient speed, and without causing any destruction, or carrying away any negroes, or other property, of the American inhabitants, withdraw all his armies, garrisons, and fleets from the said United States, and from every post, place, and harbor, within the same.'

But the British garrisons were not withdrawn with all convenient speed, nor have ever yet been withdrawn from Michilimackinac on Lake Michigan; Detroit, on the strait of Lakes Erie and Huron; Fort Erie on Lake Erie; Niagara, Oswego on Lake Ontario; Oswegatchie, on the river St. Lawrence; Point Au Fer, and Dutchman's Point, on Lake Champlain.

2d. The British officers have undertaken to exercise a jurisdiction over the country and inhabitants in the vicinities of those forts; and

3d. They have excluded the citizens of the United States from navigating, even on our side of the middle line of the rivers and lakes established as a boundary between the two nations.

By these proceedings we have been intercepted entirely from the commerce of furs with the Indian nations, to the northward-a commerce which had ever been of great importance to the United States, not only for its intrinsic value, but as it was the means of cherishing peace with those Indians, and of superseding the necessity of that expensive warfare we have been obliged to carry on with them during the time that these posts have been in other hands.

On withdrawing the troops from New York, 1st. A large embarkation of negroes, of the property of the inhabitants of the United States, took place before the commissioners on our part, for inspecting and superintending embarkations, had arrived there, and without any account rendered thereof, 2nd. Near three thousand others were publicly carried away by the avowed order of the British commanding officer, and under the view, and against the remonstrances of our commissioners. 3d. A very great number were carried off in private vessels, if not by the express permission, yet certainly without opposition on the part of the commanding officer, who alone had the means of preventing it, and without admitting the inspection of the American commissioners; and 4th. Of other species of property carried away, the commanding officer permitted no examination at all. In support of these facts, I have the honor to enclose you documents, a list of which will be subjoined, and in addition to them, I beg leave to refer to a roll signed by the joint commissioners, and delivered to your commanding officer for transmission to his court, containing a description of the negroes publicly carried away by his order as before mentioned, with a copy of which you have doubtless been furnished.

A difference of opinion, too, having arisen as to the river intended by the plenipotentiaries to be the boundary between us and the dominions of Great Britain, and by them called the St. Croix, which name, it seems, is given to two different rivers, the ascertaining of this point becomes a matter of present urgency; it has heretofore been the subject of application from us to the Government of Great Britain.

There are other similar matters between the two nations, which remain to be adjusted, but I think it would be better to refer these for settlement through

the ordinary channel of our ministers, than to embarrass the present important discussions with them; they can never be obstacles to friendship and harmony.

Permit me now, sir, to ask from you a specification of the particular acts, which, being considered by his Britannic Majesty as a non-compliance on our part with the engagement contained in the 4th, 5th, and 6th articles of the treaty, induced him to suspend the execution of the 7th, and render a separate discussion of them inadmissible. And accept assurances, &c.

(The Writings of Thomas Jefferson, Edited by P. L. Ford, Vol. VI, pp. 467-9.)

No. 20.

FROM J. G. SIMCOE TO HENRY DUNDAS.

NIAGARA, December 15th, 1793.

Sir, I think it necessary to lose no time in transmitting to you the first communication, with which I have been honored by Lord Dorchester, together with my Answer. His Lordship's Opinions are so entirely opposite to every view in which I have contemplated the situation of the Provinces of Canada, either as a Civil or Military Servant of His Majesty, that I find it unnecessary to make any other comment upon them, than what I have stated in Answer to His Lordship's Letter, & what I have represented in all my public dispatches since I have been in this Country, or in such communications as I was honored in holding with His Majesty's Ministers, previous to my departure from Great Britain.

However, Sir, I think it proper to say that I feel so strongly the immoral Conduct of encouraging People to settle in this Colony under my General instructions, while I am in Possession of the Knowledge that eventually They & the Loyalists may be utterly abandoned by the withdrawing of the whole of the King's forces, supposed to be stationed for its protection, that no consideration but the pure principle of doing my utmost for the King's Service in the present important crisis of European Affairs, would for a moment make me wish to remain in a situation where I consider myself liable to become the instrument of the most flagitious breach of National honor & Public faith; & this without a Struggle, or in my belief any military necessity.

The Principle on which I am desired by his Lordship to pay attention to the Militia from its very nature cannot in prudence be communicated to them, as Their unprotected & unarmed state leaving them exposed to the peculiar horrors of Indian Warfare as well as that of the United States, would naturally operate to make their instantaneous submission upon the approach of an Enemy, a duty They owe to preserve themselves & their Families.

These same reasons prevent me from laying the substance of Lord Dorchester's Letter before the Executive Council, which I should otherwise most certainly do, to advise with them on the existing Situation of the Province & to propose the fortifying of York on that cheap system of Defence, for which I am now making preparation & which having been transmitted to you & to the Duke of Richmond I most earnestly hope for your sanction to carry into execution.

I must beg leave to observe, Sir, that if the Queen's Rangers shall be ordered out of this Province I shall have no Military Rank or Authority.

I have thought it necessary, Sir, to explain myself to you, on this important Subject, that my own Character as a Public Servant may stand Justified to my

King & my Country, should these unfortunate events take place, which from Lord Dorchester's Letter he seems to expect.

The necessity of the Executive Government of this Country, having the controul of the Indian Presents, and the total management of their Affairs, is every hour impressed upon my mind, as necessary to the Power of the British Nation, and no less so to regulate & lessen the Public expenditure.

I have the honor to be with the greatest respect, Sir,
Your most Obedient & Obliged Humble Servant.
J. G. SIMCOE

The Right Honorable Henry Dundas, one of

Lt. Govr. of Upper Canada.

his Majesty's principal Secretaries of State, &c., &c., &c.

Endorsed:-Niagara, 15th Decr. 1793. Lt. Govr. Simcoe. R. 8th April. No.

20. Ansd. (Two Inclosures)

FROM J. G. SIMCOE TO THE DUKE OF RICHMOND.

My Lord Duke,

NIAGARA, 15 Decr. 1793.

I did myself the honor on the 23 November to forward to Your Grace the estimate of the expense which has been furnished me by the Engineer, Lieut. Pilkington, that would attend the building the Blockhouse, which I have proposed as necessary to be erected for the Security of York Harbour.

Since the original of which that dispatch was the duplicate was transmitted to Your Grace, Lord Dorchester has arrived in this Country, and I am sorry to find that he does not approve of any works being erected at York, although he has recommended the necessary reserves to be made for such Services in future. It gives me great concern that I cannot coincide in opinion with His Lordship, and that I think some place of Security for the Shipping, Public Offices, and Government Stores, absolutely necessary on Lake Ontario. I therefore avail myself of being at present at Niagara to forward the Plan, elevation, and section, as delineated by Lieut. Pilkington, through New York.

Your Grace, by my report of the 23 Septr., will perceive that this species of fortification I conceive proper to be gradually extended to all the Maritime Posts, which in my Judgment, the Safety and Prosperity of His Majesty's Dominions render it indispensably necessary to be speedily occupied.

I have the honor to be with the most profound Respect, &c.

His Grace The Duke of Richmond.
Master General Ordnance.

Sir:

J. G. SIMCOE.

FROM PETER RUSSELL TO J. G. SIMCOE.

NIAGARA, 18th December, 1793.

I have communicated to Mr. Macdonnel Your Excellency's Wishes that the Salt he has on hand and in the Merchant's Stores may be sold and the Produce carried to account, which he promises to do immediately. He desires me at the

same time to express his concern for having incurred Your Excellency's Displeasure, and to assure you that he has done everything in his power to forward the Business intrusted to him. But his means of boiling the Brine have been hitherto so very scanty that he could never make above two Bushels of Salt a day, even when the Health of the People admitted of their working; and that the fresh Provisions bought with the little Salt allowed them contributed greatly to their Recovery. He tells me however that he has now got another Kettle of nearly 200 Gallons, which he proposes to send to the Springs by the first opportunity; and when that is set at work with the others, he has no doubt they will at least pay the present Expense until the Pans expected from England may arrive, when he flatters himself the Produce will answer Your Excellency's fullest expectations.

Mr. Macdonnel desires me likewise to inform Your Excellency that he has purchased upon very reasonable Terms about 300 Acres of Woodland immediately adjoining the Springs at the Head of the Lake, which he is willing to surrender to Government for the price they cost him, as they must be of considerable advantage from their Vicinity whenever Salt Works are established there.

I hope Your Excellency had a safe and pleasant Passage home, for the weather has been remarkably fine here ever since your Departure. Miss Russell begs leave to add her very respectful Compliments and good wishes to those of, Sir, Your Excellency's ever faithful and obliged Servant,

His Excellency Governor Simcoe.

(1793?)

PETER RUSSELL.

MEMORANDUM BY CHIEF JUSTICE OSGOODE.

(Secret & Confidential)

Should any man from Jealousy or resentment be desirous of cherishing an Opposition to the measures of the King's Lieutenant Governor in Upper Canada he will be anxious that the Management of the Flour Contract shd be in the hands of those Gentlemen who distinguished themselves so much in the Course of the last Session.

The Importance of this Engine is not sufficiently attended to-Grain is the sole produce of the Country and a Market the only Benefit required Give me the Controul of that Market and I will ensure the Result of evry Proposition to be made in a House where evry man is a Farmer The proceeding is not fair-You might as reasonably expect the Business of the Country to be carried through by Ministers with the whole patronage of Government in the Hands of Opposition. Dixi.

Endorsed:-Chief Justice Osgoode

Secret & Confidential.

MEMORANDUM SUBMITTED TO THE ATTENTION OF GOVERNOR

SIMCOE.
(1793?)

1. That too many communications cannot be opened to facilitate the access from Lake Ontario to Lake Erie, the principal step towards which is doubtless to people the Country between them as much as possible, the natural attraction

of the River's bank has already filled the side of the Strait. The Chippeway Creek is in part settled, and the Shore from Niagara to the West end of Lake Ontario, as well as from Fort Erie for about 20 miles along that Lake, it seems therefore that the more direct road from the Bay of Quenty to the River La Tranche ought by the assistance of Government to be opened that by an equal distribution of advantages the whole of the intermediate Country may be occupied. The Northern shore of Lake Ontario and the banks of the River La Tranche offer natural means of settlement and when the road between them is settled and accomodated to use, it will serve as an inducement to inhabitants and as a basis or offset from whence may be branched out settlements and communications to Lake Huron. Grand River, Catfish Creek, Kettle Creek offer obvious communications to Lake Erie, a road or path is already known from Point Au Pin and one from Longue Point to the River La Tranche cannot be very difficult to open.

2. As the nature of the conveyance from the Lower to the inhabited parts of the Upper Country will be threefold, by land carriage, by boats, and by decked vessels, it seems of much importance to encourage the use of large boats, waggons, and carts, and to enable them, aided by the advantage of the navigation of the Lakes, to enter into competition with the present mode of conveyance from Montreal by the Ottawa River, over which it will, when the present difficulties are removed, possess many and obvious advantages, nor ought an idea to be entertained of clogging this communication with imports of any kind, the great object of British Commercial enterprise being to procure an adequate return of raw materials for manufactured goods, and in the operation of this exchange, agriculture, navigation, manufacture, and commerce reciprocally maintain and support each other, by furnishing employment to encreased population.

PAT MURRAY.1

FOREIGN OFFICE JOURNAL OF J. B. BURGES.

1793, December 28,....

Mr. Pinckney called; much agitated in consequence of the new instruction to commanders of ships of war and privateers-very anxious to know whether it would be rigorously enforced-insisted strongly on the injustice of such a measure, and on the destructive consequences it must entail on his country, which now would be deprived of every means of exporting its produce, as the Act of Navigation shut them out of our islands, and this new instruction would equally shut them out from those of France; so that nothing but a few inconsiderable markets would be left to them. He enlarged on the unpleasant sensation which this measure must occasion in America; and concluded by saying that this was a matter of so much importance, that he should hope to find Lord Grenville disposed to give him some explanation on it before the sailing of the mail. He did not, however, ask for a conference. He also expressed a wish to receive an answer to the note he had presented, on the subject of the former additional instructions.

(Historical Manuscripts Commission, Dropmore Papers, Vol. II, pp. 488-9.)

1 Probably Colonel Patrick Murray, 1749-1823; ensign, 42nd Regt., 1761; lieutenant, 60th, 1762; town major, Quebec, 1767; captain, 60th, 1775; major, 1784; colonel Argenteuil Division of Militia in Lower Canada; lt. col. 5th Battalion Select Embodied Militia, 1812-5. He commanded the garrison of Detroit in 1789-90 and during the same period acted as president of the Land Board for the District of Hesse.