Part 1

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P A P E R S

R E L A T I N G T O

An A C T of the Assembly

O F T H E

Province of _N E W-Y O R K_,

F O R

Encouragement of the _Indian Trade_, &c. and for prohibiting the selling of _Indian Goods_ to the _French, viz_. of _CANADA_.

I. A Petition of the Merchants of _London_ to His Majesty against the said Act.

II. His Majesty's Order in Council, referring the Petition to the Lords Commissioners of _Trade_ and _Plantation_.

III. Extract of the Minutes of the said Lords, concerning some Allegations of the Merchants before them.

IV. The Report of the said Lords to His Majesty on the Merchants Petition, and other Allegations.

V. The Report of the Committee of Council of the Province of _New-York_, in Answer to the said Petition.

VI. A Memorial concerning the Furr-Trade of _New-York_, by _C. Colden_, Esq;

T O T H E

K i n g's Most Excellent Majesty in Council,

The Humble Petition and Representation of _Samuel Baker, Samuel Storke, John Bayeux, Richard Jeneway, Robert Hackshaw, Joseph Low, Joseph Paice, George Streatfield, William Parkin_, and _John Evered_, Merchants of _London_, trading to _New-York_, in behalf of themselves, and the rest of the Persons concern'd in the _New-York_ Trade.

_S H E W E T H_,

That by an Act passed in _New-York_ the 19th of _November_, 1720, entitled, _An Act for Encouragement of the_ Indian _Trade, and rendering it more beneficial to the Inhabitants of this Province, and for prohibiting the selling of_ Indian Goods _to the_ French, all Trade whatsoever is prohibited in the strictest Manner, and under the severest Penalties, between the Inhabitants of _New-York_ Government, and the _French_ of _Canada_, or any Subjects of the _French King_, or any Person whatsoever, for or on the behalf of any such Subjects; and which Act was to continue in force for three Years.

That the Reasons assigned in the Preamble of this Act, for the passing thereof, are, For that the _French_ at _Canada_, by means of _Indian_ Goods purchased from the Inhabitants of _New-York_, had not only almost wholly engrossed the _Indian Trade_ to themselves, but had, in great measure, withdrawn the Affections of the _Five Nations_ of _Indians_ from the Inhabitants of _New-York_, and render'd them wavering in their Faith and Allegiance to your Majesty; and would, if such Trade was not prevented, wholly alienate the Minds of the said _Indians_, which might prove of dangerous Consequence to the _English Interest_ in _America_.

That this Act was sent home for your Majesty's royal Consideration, but your Petitioners do not find that your Majesty ever signified your Allowance or Disallowance thereof; from whence, and from the Act's being to continue but three Years, your Petitioners humbly conceive the same was suffered to lie by probationary, to see whether the said Act, in its Effects, was really advantageous or prejudicial to the _British Trade_ and _Interest_ in _America_.

That your Petitioners have received Advice, That the Government of _New-York_ either have, or are about passing an Act, to revive and continue the said Act for prohibiting all Trade between _New-York_ and _Canada_.

Upon which Occasion, your Petitioners humbly beg leave to represent to your Majesty, That the said Act, tho' in the first Intention of it, it might be well designed, yet, in its Effects, it has proved very pernicious to the _British Trade_ in general, and to the Interest of _New-York_ in particular: For, besides the Nations of _Indians_ that are in the _English_ Interest, there are very many Nations of _Indians_, who are, at present, in the Interest of the _French_, and who lie between _New-York_, and the Nations of _Indians_ in the _English Interest_; and this Act prohibiting all Trade between _New-York_ and the _French_ of _Canada_, or any of the Subjects of _France_, the _French_, and their _Indians_, would not permit the _English Indians_ to pass over by their Forts, so as to carry on a free Trade with _New-York_, but prevented their Passages, as much as possible, whereby that most considerable and only valuable Branch of Trade from _New-York_, hath, ever since the passing the said Act, very much lessened, from the great Difficulties of carrying on any Trade with the _English Indians_, and the Prohibition of all Trade with the _French_; and all the _Indian Goods_ have, by this Act, been raised in their Price 25_l._ to 30_l._ _per Cent_.

Whereas, on the other hand, this Branch of the _New-York_ Trade, by the Discouragements brought upon it by this Act, is almost wholly engrossed by the _French_, who have already, by this Act, been encouraged to send proper _European Goods_ to _Canada_, to carry on this Trade; so that should this Act be continued, the _New-York_ Trade, which is very considerable, must be wholly lost to us, and center in the _French_.

And your Petitioners further beg leave humbly to represent, That as they conceive nothing can tend more to the with-drawing the Affections of the _Five Nations_ of _Indians_ from the _English Interest_, than the Continuance of the said Act, which, in its Effects, restrains them from a free Commerce with the Inhabitants of _New-York_, and may, too probably, estrange them from the _English Interest:_ Whereas by a Freedom of Commerce, and an encourag'd Intercourse of Trade with the _French_, and their _Indians_, the _English Interest_ might, in time, be greatly improved and strengthened among the _Indians_ in general, who, by such Latitude of Trade, might be link'd to our Friendship in the strongest Ties of their own Interest, as well as Inclinations.

That therefore, and as the said Act was, in its Effects, so plainly destructive and prejudicial to the Trade and Interest of these Kingdoms, and so much for the Interest of the _French_, and greatly promoted that Mischief which it was intended to prevent,

Your Petitioners most humbly pray your Majesty, That you would be graciously pleased to give the necessary Directions to your Governor of _New-York_, not to pass any new Act for the reviving or continuing the said Act prohibiting Trade with the _French_ of _Canada_; and that if any such Act, or any Act of the like Tendency, be already passed, that the same may be repealed. _And your Petitioners shall ever pray_, &c.

_Samuel Baker_, _Rob. Hackshaw_, _Jo. Lloyd_, _Sam. Storke_, _J. Bayeux_, _Sam. Fitch_, _Rich. Jeneway_, _Jos. Lowe_, _Asher Levy_, _John Paine_, _J. Bull_, _Fra. Wilks_, _Wm. Parkin_, _John Gilbert_, _Jos. Paice_, jun. _Rich. Mico_, _Jo. Miranda_, _Geo. Streatfield_, _John Everet_, _Thompson Hayne_.

* * * * *

_At the Court at_ St. James'_s the 30th Day of_ April, 1724.

P R E S E N T

The K i n g's Most Excellent Majesty in Council.

Upon Reading this Day at the Board the humble Petition and Representation of _Samuel Baker, Samuel Storke_, and several others, Merchants of _London_, trading to _New-York_, in behalf of themselves, and the rest of the Persons concern'd in the _New-York_ Trade, which _Petition_ sets forth, That great Discouragements have been brought upon the _British Trade_, by an Act passed in the said Colony of _New York_, the 19th of _November_, 1720, entitled, _An Act for the Encouragement of the_ Indian Trade, _and rendering of it more beneficial to the Inhabitants of this Province, and for prohibiting the selling of_ Indian Goods _to the_ French. And that as the said Act was to continue in force only for three Years, they are informed the Government of _New-York_ either have, or are about passing an Act to revive and continue the same: Wherefore they humbly pray, that the Governor of that Colony may be ordered, not to pass any new Act for that purpose; and if any such Act be already pass'd, that it may be repealed.

It is ordered by his Majesty in Council, That the said Petition (a Copy whereof is hereunto annexed) be, and it is hereby referred to the Lords Commissioners for Trade and Plantations, to examine into the same, and report to his Majesty, at this Board, what they conceive fit to be done therein.

Signed,

_James Vernon_.

* * * * *

_Extract of the Minutes of the Right Honourable the Lords Commissioners for Trade and Plantations, the_ 7_th of_ July, 1724.

Mr. _Sharp_ attending, as he had been desired, with several _New-York_ Merchants, their Lordships took again into Consideration the Order of Council of the 30th of _April_, mentioned in the Minutes of the first of _May_ last, referring to the Board their Petition against the Renewing an Act passed in _New-York_, in _November_, 1720, entitled, _An Act for the Encouragement of the_ Indian _Trade_, _and rendering of it more effectual to the Inhabitants of this Province, and for prohibiting the selling of_ Indian _Goods to the_ French. And Mr. _Sharp_, in behalf of the several Merchants, acquainted their Lordships, That he conceived this Act, tho' its Intention of gaining the _Indians_ to the _English_ Interest might be good, would have quite a contrary Effect, because, if the Trade with the _French_ was prevented, and the Merchants should discontinue that with the _Indians_, (as he was informed they would) the _French_ might lay hold of this Opportunity to furnish themselves with Goods from _Europe_, and supply the Five Nations of _Indians_, and thereby gain them to their Interest: And this, by reason of their Situation, would not be in the Power of the _English_ to prevent: That they were two or three hundred Leagues distant from _Albany_, and that they could not come to trade with the _English_ but by going down the River _St. Laurence_, and from thence through a Lake, which brought them within eighteen Leagues of _Albany_.

And that the _French_ having made Settlements along the said River, it would be in their Power, whenever they pleased, to cut off that Communication.

That this Act had been so great a Discouragement to the _British Trade_, in general, that there had not been, by far, so great a Quantity of Beaver, and other Furs, imported into _Great-Britain_ since the passing the said Act, as there was before; nor half the Quantity of _European Goods_ exported.

That several Merchants who had sent over to _New-York_ considerable Quantities of _European Goods_, had received Advice from their Correspondents, That should another Act of the like Nature be passed, they could not find a vent for them, and desired they would send no more.

Upon the whole, Mr. _Sharp_ desired, in behalf of the Merchants, that Mr. _Burnet_ might be directed not to pass any Act of the like Nature for the future.

To the K i n g's Most Excellent Majesty.

_May it please your Majesty_;

In Obedience to your Majesty's Commands, signified to us by your Order in Council of the 30th of _April_ last, referring to us the Petition of several Merchants of _London_ trading to _New-York_, setting forth "The great Discouragements that have been brought upon the _British Trade_ by an Act passed in _New-York_ the 19th of _November_, 1720, entitled, _An Act for the Encouragement of the_ Indian Trade, _and rendering of it more beneficial to the Inhabitants of this Province, and for prohibiting the selling of_ Indian Goods _to the_ French. And that as the said Act is now expir'd, the said Merchants are informed the Government of _New-York_ either have, or are about passing an Act to revive and continue the same; and therefore pray, that a stop may be put thereto." We humbly take leave to represent to your Majesty,

That we have been attended by the Petitioners, who informed us, that they have found this Act, by Experience, to be so great a Discouragement to the _British Trade_, that there has not been, by far, so considerable a Quantity of Beaver, and other Furs, imported into _Great-Britain_, from _New-York_, since the passing the said Act, as heretofore, nor half the Quantity of _European Goods_ exported thither; in consequence whereof the Price of Furs is raised _Five and Twenty_ and _Thirty per Cent._ to the great Prejudice of several _British_ Manufactures.

They likewise affirmed, That it was impracticable to hinder the _French_ from supplying the _Indians_ with _European_ Goods: For tho' _New-York_ should not furnish them, the _French_ would find another way to be supplied therewith, either from some other of his Majesty's Plantations, or, it might be, directly from _Europe_. That it was of dangerous Consequence to force this Trade into a new Channel, many of the Goods which the _Indians_ want being as easy to be had directly from _France_ or _Holland_, as from _Great-Britain_.

They further added, That it was not likely the Act, in question, should produce the Effects expected from it, more particularly that of securing the Five _Indian_ Nations firmly to the _British_ Interest; because, if the _French_ should once get a Supply of the Goods necessary for the _Indian_ Trade, from any other Place, as the Five _Indian_ Nations are settled upon the Banks of the River of _St. Lawrence_, directly opposite to _Quebeck_, two or three hundred Leagues distant from the nearest _British_ Settlement in _New-York_, the Vicinity of the _French_ would furnish them with the Means of supplying even the _Five Nations_ with these Goods, and consequently of alienating their Affections from the _British_ Interest. And that there was no Prospect of obtaining a Trade with the _French Indians_ by this means, because the French would always be able to prevent their Passage cross the Lakes and River of _St. Lawrence_ to our Settlements.

These were the most material Objections made by the Merchants against the Bill.

* * * * *

On the other hand, the Preamble of the Act sets forth, That it was found by Experience, that the _French_ of _Canada_, by means of _Indian_ Goods brought from that Province, had not only almost wholly engrossed the _Indian_ Trade, but had in great Measure, withdrawn the Affections of the _Five Nations_ of _Indians_ from the Inhabitants of that Province, and rendered them wavering in their Allegiance to your Majesty; and would, if such Trade were not prevented, altogether alienate the Minds of the said _Indians_, which would prove of dangerous Consequence to the _English_ Interest in _America_.

And Mr. _Burnet_, your Majesty's Governor of _New-York_, informs us, That, since the passing of this Act, several of the far _Indians_ had come to _Albany_ to trade; That some of them came above one thousand Miles, and are now incorporated with the _Five Nations_: That he had likewise Intelligence of more far _Indians_ that design'd to come to _Albany_, which he conceives to have been a good Effect proceeding from this Act: And likewise adds, That he did not doubt but the Cheapness of Goods in _Albany_ would induce the _Indians_ to trade there, rather than with the _French_ at _Montreal_; and that the Traders of _Albany_ began to be sensible of their Error in sharing a Trade with the _French_, which they now perceive they can keep wholly to themselves.

* * * * *

_Upon the whole_, being doubtful of some of the Facts alledged by the Merchants, and considering how far the _British Trade_ may be affected by this Act, on the one hand; and how much the Security and Interest of your Majesty's Colonies in _America_ may be concerned, on the other, we are humbly of Opinion, That no Directions should be sent to _New-York_, upon the Subject-Matter of this Act, till Mr. _Burnet_ shall have been acquainted with the Objections of the Merchants thereto, and his Answers and Observations received thereupon. For which end, if your Majesty shall be graciously pleased to approve of this our Proposal, we shall forthwith send him Copies both of the Merchants Memorial, and of what Objections they have made before us to the Subject-Matter of this Bill.

Which is most humbly submitted. Signed,

_J. Chetwind_, _T. Pelham_, _M. Bladen_, _R. Plummer_, _Ed. Ashe_.

_Whitehall_, _July_ 14, 1724.

* * * * *

_The Report of a Committee of the Council held at_ New-York, November 6, 1724.

_May it please your Excellency_,

In Obedience to your Excellency's Commands in Council, the 29th of _October_, referring to us a Petition of several Merchants in _London_, presented to the King's most excellent Majesty, against renewing an Act passed in this Province, entitled, _An Act for Encouragement of the_ Indian _Trade, and rendering it more effectual to the Inhabitants of this Province, and for prohibiting the selling of_ Indian _Goods to the_ French; as likewise the several Allegations of the said Merchants before the Right Hon. the Lords of Trade and Plantations, we beg Leave to make the following Remarks.

In order to make our Observations the more distinct and clear, we shall gather together the several Assertions of the said Merchants, both in their Petition, and delivered verbally before the Lords of Trade, as to the Situation of this Province, with respect to the _French_ and _Indian Nations_, and observe on them, in the first Place, they being the Foundation on which all their other Allegations are grounded. Afterwards we shall lay before your Excellency, what we think necessary to observe on the other parts of the said Petition, in the Order they are in the Petition, or in the Report of the Lords of Trade.

In their geographical Accounts they say, "Besides the Nations of _Indians_ that are in the _English_ Interest, there are very many Nations of _Indians_, who are at present in the Interest of the _French_, and who lie between _New-York_ and the Nations of _Indians_ in the _English_ Interest.----The _French_ and their _Indians_ would not permit the _English Indians_ to pass over by their Forts."

The said Act "Restrains them (_the Five Nations_) from a free Commerce with the Inhabitants of _New-York_.

"The _Five Indian Nations_ are settled upon the Banks of the River _St. Lawrence_, directly opposite to _Quebeck_, two or three Hundred Leagues distant from the nearest _British_ Settlements in _New-York_.

"They (_the Five Nations of Indians_) were two or three Hundred Leagues distant from _Albany_; and that they could not come to trade with the _English_ but by going down the River _St. Lawrence_, and from thence through a Lake, which brought them within eighteen Leagues of _Albany_."

These Things the Merchants have thought it safe for them, and consistent with their Duty to his sacred Majesty, to say in his Majesty's Presence, and to repeat them afterwards before the Right Hon. the Lords of Trade, though nothing can be more directly contrary to the Truth. For there are no Nations of _Indians_ between _New-York_ and the Nations of _Indians_ in the _English Interest_, who are now six in Number, by the Addition of the _Tuscaroras_. The _Mohawks_ (called _Annies_ by the _French_) one of the Five Nations, live on the South-side of a Branch of _Hudson's-River_, (not on the North-side, as they are placed in the _French_ Maps) and but forty Miles directly West from _Albany_, and within the _English_ Settlements, some of the _English_ Farms upon the same River being thirty Miles further West.

The _Oneidas_ (the next of the Five Nations) lie likewise West from _Albany_, near the Head of the _Mohawks-River_, about one Hundred Miles from _Albany_.

The _Onondagas_ lie about one Hundred and Thirty Miles West from _Albany_. And the _Tuscaroras_ live partly with the _Oneidas_, and partly with the _Onondagas_.

The _Cayugas_ are about one hundred and sixty Miles from _Albany_.

And the _Sennekas_ (the furthest of all these Nations) are not above two hundred and forty Miles from _Albany_, as may appear by Mr. _De L'Isle_'s Map of _Louisiane_, who lays down the Five Nations under the Name of _Iroquois_.

And Goods are daily carried from this Province to the _Sennekas_, as well as to those Nations that lie nearer, by Water all the Way, except three Miles, (or in the dry Seasons, five Miles) where the Traders carry over Land between the _Mohawks-River_ and the _Wood Creek_, which runs into the _Oneida-Lake_, without going near either _St. Lawrence-River_, or any of the _Lakes_ upon which the _French_ pass, which are entirely out of their Way.

The nearest _French_ Forts or Settlements to _Albany_, are _Chambly_ and _Monreal_, both of them lying about North and by East from _Albany_, and are near two hundred Miles distant from it. _Quebeck_ lies about three hundred and eighty Miles North-East from _Albany_. So far is it from being true, that the Five Nations are situated upon the Banks of the _River St. Lawrence_, opposite to _Quebeck_, that _Albany_ lies almost directly between _Quebeck_ and the _Five Nations_. And to say that these _Indians_ cannot come to trade at _Albany_, but by going down the _River St. Lawrence_, and then into a _Lake_ eighteen Leagues from _Albany_ (we suppose they mean _Lake Champlain_) passing by the _French_ Forts, is to the same Purpose as if they should say, that one cannot go from _London_ to _Bristol_, but by Way of _Edinburgh_.

Before we go on to observe other Particulars, we beg Leave further to remark, that it is so far from being true, that the _Indians_ in the _French_ Interest, lie between _New-York_ and our _Five Nations of Indians_, that some of our Nations of _Indians_ lie between the _French_ and the _Indians_, from whence the _French_ bring the far greatest Quantity of their Furs: For the _Sennekas_ (whom the _French_ call _Sonontouons_) are situated between _Lake Erie_ and _Cataraqui Lake_, (called by the _French Ontario_) near the great Fall of _Jagara_, by which all the _Indians_ that live round _Lake Erie_, round the Lake of the _Hurons_, round the Lake of the _Illenois_, or _Michegan_, and round the great _Upper Lake_, generally pass in their Way to _Canada_. All the _Indians_ situated upon the Branches of the _Misissippi_, must likewise pass by the same Place, if they go to _Canada_. And all of them likewise in their Way to _Canada_, pass by our Trading-Place upon the _Cataraqui Lake_, at the Mouth of the _Onondaga River_. The nearest and safest Way of carrying Goods upon the _Cataraqui Lake_ towards _Canada_, being along the South-side of that Lake, (near where our _Indians_ are settled, and our Trade of late is fixed) and not by the North-side and _Cataraqui_, or _Frontinac Fort_, where the _French_ are settled.

Now that we have represented to your Excellency, that not one Word of the Geography of these Merchants is true, upon which all their Reasoning is founded, it might seem needless to trouble your Excellency with any further Remarks, were it not to show with what earnestness they are promoting the _French Interest_, to the Prejudice of all his Majesty's Colonies in _North America_, and that they are not ashamed of asserting any Thing for that End, even in the Royal Presence.

_First_, They say, "That by the Act passed in this Province, entitled, _An Act for Encouragement of the_ Indian _Trade, &c_. All Trade whatsoever is prohibited in the strictest Manner, and under the severest Penalties, between the Inhabitants of _New-York_ Government, and the _French_ of _Canada_."