Production Note Cornell University Library produced this volume to replace the irreparably deteriorated original. It was scanned using Xerox software and equipment at 600 dots per inch resolution and compressed prior to storage using CCITT Group 4 compression. The digital data were used to create Cornells replacement volume on paper that meets the ANSI Standard Z39.48-1984. The production of this volume was supported in part by the New York State Program for the Conservation and Preservation of Library Research Materials and the Xerox Corporation. Digital file copyright by Cornell University Library 1994.II. THE NIAGARA PORTAGE AND ITS FIRST ATTEMPTED SETTLEMENT UNDER BRITISH RULE. The summer of 1761 was by no means a happy one for Sir William Johnson, Superintendent of Indian Affairs for the Crown “in the Northern Parts of North America.” The western Indians were restless under the recent British occu- pancy of the posts, and felt that they were treated with parsi- mony and neglect in marked contrast to the bountiful pater- nalism of French rule; they were exasperated by the con- tinual intrusion of white settlers upon their lands, and French emissaries were active in stirring up their resent- ment. This feeling of discontent was shared by his own especial wards, the Six Nations of the Iroquois, and the Sen- ecas, who were the hereditary keepers of the Western Door of the Long House, were at the point of open rebellion. On the 17th of June Captain Donald Campbell, in command at De- troit, sent a messenger to Major William Walters at Fort Niagara with the alarming intelligence that the Senecas had sent war belts to the western tribes, urging them to take up the hatchet in furtherance of a general plot to surprise all the posts, including Niagara and Fort Pitt. It was time for prompt action, and General Amherst ordered a detach- 3536 NIAGARA PORTAGE AND ITS ment of 300 men under command of Major Henry Gladwin sent to the relief of the Northern posts and at the same time requested Sir William Johnson to visit Niagara and Detroit to conciliate the Senecas and the western tribes, as well as to regulate the fur trade and correct its abuses. The Superintendent was wise and tactful in his dealings with the Indians, and his influence was potent with the Six Na- tions. On the 24th of July Sir William reached Fort Niag- ara, which he had besieged and captured from the French in 1759. Here he promptly began the arduous duties of his special mission, holding councils with and listening to the complaints of the neighboring tribes. Soon, however, he encountered what seems to have been a disagreeable surprise, mentioned in his diary under date of Sunday, July 26th: “At seven in the morning I set off with Colonel Eyre, Lieutenant Johnson,* my son,t and DeCouagne,t for the island, § whereon the vessel is building for exploring the Lakes Huron and Michigan, which island is about two miles from Little Niagara, on the place where Shabear Jean Coeur lived. There is a house built within quarter of a mile of said place by one Stirling for the use of the Company, viz: Ruth- erford, Duncan etc., who intend to monopolize the whole carrying place by virtue of a permit from General Amherst.” Three days later (July 29, 1761,) he wrote from Niagara to General Amherst, reporting a meeting with several chiefs of the “Chipewaigh” nation “and some Mississageys,” and added: “I see plainly that there appears to be an universal jealousy amongst every nation, on account of the hasty steps they look upon we are taking towards getting possession of this country, which measures, I am certain, will never subside whilst we encroach within the limits which, you may recol- lect, have been put under the protection of the King in the year 1726, and confirmed to them by him and his successors ever since, and by orders sent to the governors not to allow any of his subjects settling thereon; which they were ac- *Lieutenant Guy Johnson of the “Independents,” his nephew, who was his private secretary. fjohn Johnson, afterward Sir John Johnson, his successor in office. $Jean Baptiste DeCouagne, Indian interpreter at Fort Niagara. §Navy Island.FIRST ATTEMPTED SETTLEMENT. 37 quainted with, by his late majesty, in your speech of the twenty-second of April, 1760, delivered by Brigadier General Monckton. You then promised to prevent any person what- soever, from settling or even hunting therein; but that it should remain their absolute property. I thought it neces- sary to remind your Excellency thereof, as the other day on my riding to the place where the vessels were building, I found some carpenters at work finishing a large house for one Mr. Stirling near the falls and have since heard others are shortly to be built thereabouts. As this must greatly add to the Indians’ discontent, being on the carrying place, and within the very limits, which, by their agreement, they are not so much as allowed to dispose of, I should be glad to know whether I can. acquaint them that those people will be ordered to remove or not, and I hope from your Excellency’s answer to be able to satisfy them on that head.”* Sir Jeffrey Amherst’s reply was sent from Albany, 9th August, 1761, in which he wrote: “The Indians need be under no apprehension of Losing their Lands, it never was my Design to take an Inch from them, unless when the ne- cessity of the service obliges me to it, and that they have been warned of, so that they need not take any umbrage at the Settlements on the Carrying place; where People Horses, Carriages etc. are absolutely necessary to keep up the Com- munication with the upper posts; and those that are now there for that purpose have no grant of those Lands, but are only upon sufferance till His Majesty’s pleasure is known, and until that is known they must not be removed”! This decision was by no means to Sir William’s liking and when he revisited Little Niagara upon his return from De- troit his chagrin appears in the following entry in his diary: “Niagara, Thursday October 6 [1761]. The Major [Walters], DeCouagne etc. complain of Stirling monopoliz- ing the trade by keeping a great store of goods at Little Ni- agara, which will prevent any Indians coming to the fort, or ^Unpublished MSS. of Sir Wm. Johnson in N. Y. State Library Vol. V.; p. in. fUnpublished MSS. of Sir Wm. Johnson in N. Y. State Library Vol. V., p. 112.38 NIAGARA PORTAGE AND ITS under the eye of the garrison, so that they [i. e. Stirling and others] may cheat the Indians as much as they please in spite of all regulations.” It is evident that Sir William Johnson was greatly an- noyed and so was led to speak unjustly of one of the best re- spected and most noteworthy characters in the history of the early British fur trade. When the Marquis de Vaudreuil surrendered Canada on the 8th of September, 1760, the British lost no time in taking possession of such of his western posts as had not already come into their hands. On the 12th of September Major Robert Rogers with 200 of his famous Rangers was dis- patched from Montreal westward by way of Niagara and Presqu’ Isle, where he was reinforced by Captain Donald Campbell with 100 regulars sent from Fort Pitt, and on the 29th of November the troops quietly took possession of De- troit. This opened the way of approach to the northern fur trade which had been so long coveted by the British and although the season was then too far advanced to send up goods from Albany, so that there was a great shortage of provisions and other supplies for the Indians during the winter, the spring of 1761 saw many traders on their way to the Northwest. One of the most enterprising and successful of the eastern merchants was John Duncan, a Scotchman who had' been 4 lieutenant in the 44th Regiment of Foot, but had retired from the service about 1758 and had established a large and successful business at Schenectady.* He was quick to take advantage of the opening up of western trade and early in 1761 became associated with Captain Walter Rutherfordt of New York and his brother-in-law, the well known Peter Van *He was first commissioned as an Ensign in the 44th, June 2, 1755, and as Lieutenant, April 25, 1757. tWalter Rutherford was a son of Sir John Rutherford of Edgerston in Scotland, and served in the British army from the age of seventeen until the close of the French War. His commission as a Captain in the 60th Regiment of Foot (Royal Americans) was dated 30th December, 1755. He married a daughter of James Alexander, whose son was the famous American General, William Alexander, better known as Lord Sterling.FIRST ATTEMPTED SETTLEMENT. 39 Brugh Livingston,* in a mercantile enterprise which appar- ently contemplated not only establishing a trading post near the upper end of the Niagara portage, but also the building up of a permanent settlement at that desirable location, transporting families with their cattle, etc., to be established there. To this end they applied to General Amherst for a grant of land “on the carrying place” and were given provisionally 10,000 acres for their purposes. Their representative was James Sterling, who had been a commissary of provisions under General Haldimand in the French war; and as has been seen, with his accustomed energy, he was early on the ground. His storehouse was near completion by the close of July, 1761, and well filled with goods soon thereafter, much to the vexation of the neighboring Indians who re- sented this encroachment, and of their loyal protector, Sir William Johnson, who found himself unable to dislodge this well-favored and licensed intruder. Albert H. Porter in his interesting “Historical Sketch of Niagara from 1678 to 1876,” says: “The large house re- ferred to was undoubtedly that afterwards occupied by John and Philip Steadman. The current tradition is, that the same building was first erected at Fort Niagara and used by the French as a chapel and was afterwards taken down and re- built at the place named. This is rendered quite probable from the fact that a chapel was standing in the fort in 1757, which disappeared and was never otherwise accounted for, and also that on the building occupied by Steadman—pre- sumed to be the same—there was a steeple or belfry, an ap- *Peter Van Brugh Livingston, born at Livingston Manor near Albany in 1710, was a brother of Philip Livingston who signed the Declaration of Inde- pendence, and also of William Livingston, the celebrated Governor of New Jersey during the Revolution, whom the British called the “Don Quixote of the Jerseys”. He lived in New York City on the east side of Hanover Square, his garden extending down to the East River. He was engaged in the shipping business With William Alexander, afterward known as Lord Sterling, the Ameri- can General whose sister Mary he had married in 1739. At the outbreak of the Revolution he opposed British aggression, was a member of the N. Y. Committee of One Hundred in 1775, and in the same year became President of the first New York Provincial Congress. He was Treasurer of New York 1776-1778, and throughout the struggle for independence was an ardent and faithful patriot.40 NIAGARA PORTAGE AND ITS pendage not likely to be added unless as a part of the original building. Furthermore, on a map made by George Dember, an engineer in the British service in 1761, the whole course of the river is represented, showing the upper and lower landings and the portage road correctly traced, and the house referred to placed as nearly as possible in its true position where the old stone chimney now stands/’ This map, which is given in the Documentary History of New York, Vol. II, p. 458, marks the location of “Duncan’s House,” and if Mr. Porter’s surmise is correct the old stone chimney of the French barracks built in 1750 and burnt by Chabert Joncaire in 1759, was utilized as a part of the smaller two-story structure that connected directly with the main building. It is difficult to understand how James Sterling or his principals could have obtained possession of the old chapel for their uses from the commandant at Fort Niagara with whom they were distinctly in disfavor. Sir William Johnson speaks of Sterling’s house as being “within quarter of a mile” of Little Niagara “where Shabear Jean Coeur lived,” indicating a somewhat more distant location than that of the old chimney of the French barracks, which was but a few rods removed from the site of the French fort. It soon became evident that Rutherford, Duncan & Co. had stirred up a hornets’ nest among their keen competitors for the Indian trade by their well devised plans for estab- lishing a trading post and settlement on the “carrying place.” Albany was the eastern headquarters for supplying the Indian trade and there were abundant and fierce heart-burn- ings there when those worthy descendants of Dutch sires, with their well-rounded and resonant names, discovered the march that had been stolen upon them by their enterprising and influential competitors from Schenectady and New York. They suddenly became anti-monopolists to a man, and on the 28th of January, 1762, an “Humble Petition of the prin- ciple Merchants living in the City of Albany,” with twenty- seven signatures, was sent to the Lords of Trade, reciting the terms of the treaty of 1726 with the Five Nations and itsFIRST ATTEMPTED SETTLEMENT. 41 concessions, and adding thereto: “Your Lordships Peti- tioners further beg leave to show that His Excellency Sir Jeffrey Amherst since the conquest of Niagara being un- acquainted (as they presume) with the aforesaid Deed and the matters therein contained has lycensed and authorized Capt. Rutherford, Lieut. Duncan and others to settle at the Niagara carrying place and given them Ten Thousand Acres of Land there, all which is included in the said Indian Deed, in pursuance of which permission or Grant they have already settled thereon and we are well assured that strong applica- tion has been made to His Majesty to have the above Lycense confirmed by the Royal approbation. Permit your Petition- ers further to observe that should a Confirmation be obtained the Proprietors of the aforesaid lands would in a little time monopolize all the Indian Trade in their own hands and by that means amass to themselves great sums of money without any Benefit to the Publick and reduce thousands of His Majesty’s American Subjects to want who might otherwise be supported thereby. The granting those lands to a particu- lar company would be big with many mischiefs and among others irritate the Indians, when they discover that settle- ments are made on those lands contrary to a Solemn Agree- ment and that Free Trade is suppressed among them and how much it is to the interest of this Province to keep the Indians at peace with us is obvious to every Impartial Eye.”* A letter from Rd. Thacksburgh to Sir William Johnson dated New York, 12th April, 1762, says : “The Proclama- tiont (of which I understand you have an authentick Copy) warning all People off the Lands surreptitiously obtained from the Inds, has alarmed many People; Capt. R----------------d [RutherfoidJ says the Government at home will soon alter it being agst the interest of the Province.. I believe he imagines it was made in consequence of the Carrying Place being taken possession of at Niagara, but I am apt to think that it is not only for that but also the Remonstrance of the Inds of ye 2 Castles of the Mohawks.” J ^Documents relative to the Colonial History of the State of New York, Vol. VII., p. 488. fFor this proclamation see Docs. Col. History N. Y., Vol. VII., p. 478. t Unpublished MSS. of Sir Wm. Johnson in State Library, Vol. V., p. 245.42 NIAGARA PORTAGE AND ITS It would appear from tneir correspondence with Lieuten- ant Governor Cadwallader Colden that the 'Right Honble The Lords Commissioners of Trade and Plantations” had been much disturbed about this time by numerous complaints of unauthorized encroachments upon Indian lands. The worthy Governor wrote that after the surrender of Canada some of the provincial officers had received licenses to pur- chase lands on the frontiers, while some had been denied, mentioning the interesting fact that Sir William Johnson himself had asked letters patent for 40,000 acres of land “given-him by the Mohawks,” a request which the Council had refused.* The formidable petition from the Albany merchants, sup- ported by the Indian Superintendent’s influence, accom- plished its purpose. On the 3rd of June, 1762, the Lords of Trade laid the petition before the King, reporting “That we have not received from any Officer of your Majesty in America or any other person whatever any information re- specting such grant or settlement as the petitioners allege to have been made; and we the rather incline to hope that the Petitioners have proceeded upon misinformation and mis- take, as we do not know of any authority being given to Sir Jeffrey Amherst to grant lands in those parts. If, however, it shall appear upon enquiry that such grant and settlement have actually been made, we cannot but agree with the Peti- tioners that it will be productive of many mischievous and dangerous consequences, and therefore we think it our duty humbly to offer our opinion that for the several reasons set forth in our humble representation to your Majesty of the nth of November last, your royal orders should be immedi- ately dispatched, requiring the said settlers forthwith to quit and remove from the said Lands.”f The Royal order was duly issued and transmitted to Sir Jeffrey Amherst at New York, who acknowledged it in a letter to W. Sharpe, Clerk of his Majesty’s Privy Council, dated 20th October, 1762. “His Majesty’s Order in Council bearing date the 19th June, 1762, with the papers thereunto *Docts. Col. History N. Y., Vol. VII., p. 492. tDocts. Col. History N. Y., Vol. VII., p. 502.FIRST ATTEMPTED SETTLEMENT. 43 annexed relative to the granting a Settlement to Captain Rutherford, Lieut. Duncan and others, on the carrying place at Niagara, did not come to my hands 'till within these four days. ... In the Month of April, 1761, I received a Memorial from Captain Rutherford, Lieut. Duncan and others; requesting me to make application that they might have a grant of land, on the carrying place at Niagara, and setting forth, that great advantage must accrue to the Trade in general by settling these lands; in the meantime, they begged to have leave to sena up some families, cattle, etc. I was so thoroughly convinced of the utility of such a pro- posal that I readily granted them a Permit, until the King's pleasure was known, but without the least clause that could entitle them to an exclusive right of trade: as the Trade to the Detroit and throughout every part of His Majesty's Dominions oni this Continent has been entirely free, ever since the reduction of Canada. I was so far from: thinking that I had a right to grant these lands, that I immediately reported what I had done to His Majesty's Secretary of State; an Extract of my letter on that Subject is enclosed (No. 1) and Copies of the Memorial and permit therein re- ferred to (No. 2 and 3), but as I received no Answer, the Memorialists have only made a small temporary settlement, as I constantly assured them, that I could give no further title, until the King's pleasure was signified concerning their Rights: I have now in obedience to His Majesty's commands, sent orders to the Commandant at Niagara to put a stop to any settlements on the carrying place, and I enclose a copy of these Orders (No'. 4) which I humbly trust will meet with His Majesty's Approbation. If I may take the liberty, I can't but say, I am still of the same opinion, respecting the utility and advantage, that will arise to the Country by settling the lands in Question, and I beg leave, with the utmost deference and submission to the most Honble Board to represent that, nothing can be more con- ducive to the security of the distant posts, the advantage of the traders in general (while every one that adheres to the rules prescribed are free to trade with the Indians) and of those whose affairs require them to pass and repass, than44 NIAGARA PORTAGE AND ITS the peopling of the Tracts of Land, situated near our Forts and particularly such a spot as that of the carrying place at Niagara.”* Thus ended the first attempt under British rule to plant a settlement on the Niagara portage. James Sterling went up to Detroit where the trading firm1 of which he was a member was known as Livingston, Rutherford & Syme, and became one of the leading merchants of the Northwest, re- spected and trusted by the British and, through hist familiar- ity with their language, a favorite with the French habitants. He took an active part in the defense of Detroit during the famous siege by Pontiac and when it happily ended married pretty Angelique Cuillierie, whose charms had captivated Sir William at his visit in 1761. Her father had been a prominent French trader and also an ally of Pontiac, and a flavor of romance attaches to Sterling and his courtship, for recent investigations give color to the belief that it was through information which she obtained of Pontiac’s inten- tions and which, through her anxiety for her lover’s safety, the pretty Angelique secretly communicated to Sterling, that the little garrison was forewarned of Pontiac’s treachery and so saved from destruction.*)* He had been compelled to leave some of the company’s goods at Niagara and after Pontiac’s siege was raised he returned for these; the interests of Livingston and Ruther- ford were purchased by the other partners and the firm at Detroit became Duncan & Sterling. In 1763 John Stedman occupied the house described by Albert H. Porter on the site of the old French barracks at Little Niagara, cleared the adjacent land and planted an orchard, becoming master of the portage from Lewiston, and holding, it was claimed, the exclusive right of trans- portation under some form of lease from the British Govern- ment, which gave him right of occupancy in all the improved land about Fort Schlosser and in adjoining unimproved lands for the support of his-, cattle and horses. J *Docts. Col. Hist. N. Y., Vol. VII., p. 508. tSee letter Maj. Henry Bassett to Gen. Haldimand, Can. Archives, B. 70, p. 214. JHist. Sketch of Niagara, 1678-1876, by Albert H. Porter, p. 27.FIRST ATTEMPTED SETTLEMENT. 45 The original and larger scheme for a settlement on the carrying place had failed. By 1764 Sir Wm. Johnson’s In- dians had become more docile. The massacre at the Devil’s Hole in September, 1763, when Stedman barely escaped with his life, was their last fierce protest against the white man’s encroachments; Stedman remained thereafter unmolested, the traders found him useful and as he was not their com- petitor no more petitions were sent to the Lords of Trade, but it was a long day before the Niagara portage was finally opened up for settlement.