raise the greatest fufpicions, and we ought to do them the juftice to say, that as they wanted to hide themfelves, they could not pick out better places than they had done. The fummons was fo infolent, and favoured of the gafconade fo much, that if it had been brought openly by two men, it would have been an immediate indulgence to have fuffered them to return. "It was the opinion of the Half King in this cafe, that their intentions were evil, and that it was a pure pretence; that they never intended to come to us but as enemies; and if we had been fuch fools as to let them go, they would never help us any more to take other Frenchmen. "They fay, they called to us as foon as they had difcovered us; which is an abfolute falfehood, for I was then marching at the head of the company going towards them, and can pofitively affirm, that when they firft faw us, they ran to their arms without calling; as I must have heard them, had they fo done." And thus the affaffination ftory is completely done away. Pretty ambaffadors truly, armed with fufils and fcalping knives! Almoft as bad as the French ambaffadors of the present day. But we are told by Bache's correfpondent, who is certainly fome Frenchman, that Mr. Washington himfelf afterwards acknowledged the affaffination, in an inftrument that he figned at Fort Neceffity. We fhall fee that this is as impudent a falfehood as ́ever found its way to the public (even through the foul channel of the Aurora), when we come to examine the paper referred to. Bache's correfpondent was well aware, that the journal, juft quoted, would do away any evil impreffion that might be made by an extract from the lying Memorial of the court of France. For this reafon it was thought neceffary to conftrue Mr. Washington's Washington's figning of a capitulation, in which the death of Jumonville is called an affaffination, into an acknowledgment of the truth of the charge. The following is the capitulation alluded to CAPITULATION Granted by Mr. de Villiers, Captain and Commander of his Majefty's Troops, to thofe English Troops actually in Fort Neceffity. July the 3d, 1754, at eight o'clock at night. As our intentions have ever been not to trouble the peace and good harmony fubfifting between the two princes in amity, but only to revenge the affaffination committed on one of our officers, bearer of a fummons, as alfo on his escort, and to hinder any eftablishment on the lands of the dominions of the king my master: upon these confiderations, we are willing to fhow favour to all the English who are in the faid fort, on the following conditions, viz. Article I. We grant leave to the English commander to retire with all his garrison, and to return peaceably into his own country; and promise to hinder his receiving any infult from us French; and to reftrain, as much as fhall be in our power, the Indians that are with us. II. It shall be permitted him to go out, and carry with him all that belongs to the English, except the artillery, which we referve. III. That we will allow them the honours of war; that they march out with drums beating, and one fwivel gun, being willing thereby to convince them, that we treat them as friends. IV. That as foon as the articles are figned by both parties, the English colours fhall be ftruck. V. That to morrow, at break of day, a detachment of French fhall go and make the garrifon file off, and take poffeffion of the fort. VI. As the English have but few oxen or horfes left, they are at liberty to hide their effects, and to come again, and fearch for them, when they have a number of horfes fufficient to carry them off; and that for this end, they may have what guards they pleafe; on condition that they give their word of honour, to work no more upon any buildings in this place, or any part on this fide of the mountains. VII. And as the English have in their power one officer, two cadets, and most of the prifoners made at the affaffination of M. de Jumonville, and promife to fend them back with a safe guard to Fort du Quefne, fituate on the Ohio: for furety of their performing this article as well as this treaty, M. Jacob Vambrane and Robert Stobo, both captains, shall be delivered to us as hoftages, till the arrival of our French and Canadians above mentioned. We oblige ourselves on our fide, to give an escort to return these two officers in fafety; and expect to have our French in two months and a half at fartheft. A duplicate of this being fixed upon one of the pofts of our blockade, the day and year above mentioned. JAMES MACKAY, Now I fhall not plead the danger in which the English were, the impoffibility of further refiftance, the hurry and confufion in which this fcroll muft have been figned, added to the circumftance of its being in a language, that perhaps neither Major Washington nor any of his people perfectly underflood: I fhall wave all these confiderations, and fhall ftill infift, that here is no acknowledgment of having committed the crime of affaffination. The articles figned by Major Washington do indeed affect to call the death of Jumonville fo, but who is it that gives it this name? The perfons who impose the terms of capitulation, and not thofe who accept accept them. The French commandant drew them up; and though he speaks all along in the first perfon plural, which feems to imply that all those who figned participated in the draught, yet it is clear that no one but himself had any thing to do with it, and that the use of the plural pronoun we, and its correfpondent ones, was in conformity to a vain custom only. A writing in the firft perfon plural makes all those who fign it refponfible for the whole, or for none of its contents; makes them the speakers of every word in it, or of no word at all. If then, Major Washington and Mr. Mackay are to be looked upon as the fpeakers in this capitulation, what are we to make of their faying: "As our intentions are only to revenge the affaffination, &c."-Again; "We grant to the English." "We allow the honours of war, &c." Do Major Washington and his brother officers fay this? And if Major Washington does not say this, why is he to be looked upon as the fpeaker of a particular word of it? The fact is, the figning of a paper like this can never be conftrued to extend any further than to. an acceptance of the terms impofed, and by no means renders those who accept them anfwerable for the phrafeology in which those terms are expreffed. If the Frenchmen chofe to call the killing of Jumonville murder, or affaffination, that was nothing to the perfons with whom he was treating, fo long as it made no difference in the terms of capitulation, which would have been the cafe had they formally acknowledged the juftice of the charge. Had there been an article, indeed, by which the murder of Jumonville was acknowledged, then the perfons who figned might have been juftly faid to have confeffed their crime; but in the prefent cafe the pretended crime is introduced only by way of apology for the proceedings of him who draws up the inftrument; no compenfation, no retaliation, no fatisfaction whatever, is ftipulated for, or even hinted at ; in fhort, the crime, which the victor afferts that he is expressly come to revenge, forms no part of the capitulation, and therefore is not acknowledged by the parties who figned that capitulation. The motives of the court of France in bringing forward this charge, shall next be noticed. The French, for a year or two preceding the time when Jumonville was killed, had been encroaching on the western part of the English territory, and all under the most folemn profeffions of a pacific difpofition. We have feen a French commandant conftructing Fort du Quefne (now Fort Pitt,. Their Indians made incurfions into the very heart of the English provinces: in Pennfylvania they fcalped people at Lancaster, no more than fixty miles from Philadelphia. Still, however, war was far from their wishes. They had too lately felt the power of Great Britain by fea; and, in case of a war, it was of the greatest importance to them to throw the first aggreffion, the first act of hoftilities, on the enemy. When, therefore, 'the commandant on the Ohio learned that the Go vernors of Pennsylvania and Virginia had raised a force and fent it to the frontiers, in order to put a ftop to their favage inroads; when he found that he had to contend with foldiers in place of scattered in, habitants, he detached Jumonville with a finall party to discover their pofition, ftrength, &c. If he fucceeded, it was well; if not, if he was taken, he was an ambaffador, the bearer of a fummons. Curious invention! When men are fent with a fummons, they bear a flag of truce; but this would have been acknowledging a flate of warfare, and that was not a ftate the French fighed after. Their blood-hounds in America in those days were juft what their bloodhounds now are in Europe. They hold it just they 3 fhould |