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diff --git a/26900.txt b/26900.txt new file mode 100644 index 0000000..58c3419 --- /dev/null +++ b/26900.txt @@ -0,0 +1,2992 @@ +The Project Gutenberg EBook of Report of the Lords Commissioners for Trade +and Plantations on the Petition of the Honourable Thomas Walpole, Benjamin Franklin, John Sargent, and Samuel Wharton, Esquires, and their Associates, by Great Britain Board of Trade + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: Report of the Lords Commissioners for Trade and Plantations on the Petition of the Honourable Thomas Walpole, Benjamin Franklin, John Sargent, and Samuel Wharton, Esquires, and their Associates + 1772 + +Author: Great Britain Board of Trade + +Release Date: October 12, 2008 [EBook #26900] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK REPORT OF THE LORDS COMMISSIONERS *** + + + + +Produced by A www.PGDP.net Volunteer, Dave Morgan and the +Online Distributed Proofreading Team at http://www.pgdp.net + + + + + + +REPORT + +OF THE + +LORDS COMMISSIONERS for + +TRADE and PLANTATIONS + +ON THE + +PETITION + +OF THE + +Honourable THOMAS WALPOLE, BENJAMIN +FRANKLIN, JOHN SARGENT, and SAMUEL +WHARTON, Esquires, and their ASSOCIATES; + +FOR + +A Grant of Lands on the RIVER OHIO, in North +America; for the purpose of Erecting a new +Government. + +WITH + +OBSERVATIONS and REMARKS. + + + +LONDON: + +Printed for J. ALMON, opposite Burlington-House, in +Piccadilly. + +MDCCLXXII. + + + + +REPORT + +OF + +The Lords Commissioners for +Trade and Plantations. + +ON THE + +PETITION of the Honourable +THOMAS WALPOLE and his Associates, +for a Grant of Lands on +the River OHIO in NORTH AMERICA. + + + + +MY LORDS, + +Pursuant to your lordships order of the 25th May 1770, we have taken +into our consideration the humble memorial of the honourable Thomas +Walpole, Benjamin Franklin, John Sargent, and Samuel Wharton, Esquires, +in behalf of themselves and their associates, setting forth (among +other things) "That they presented a petition to his Majesty, in +council, for a grant of lands in America (_parcel_ of the lands +purchased by government of the Indians) in consideration of a price to +be paid in purchase of the same; _that in pursuance of a suggestion +which arose when the said petition was under consideration of the Lords +Commissioners for trade and plantations_, the memorialists presented a +petition to the Lords Commissioners of the treasury, proposing to +purchase a larger tract of land on the river Ohio in America, +sufficient for a separate government; whereupon their lordships were +pleased to acquaint the memorialists, they had no objection to +accepting the proposals made by them with respect to the purchase-money +and quit-rent to be paid for the said tract of land, if it should be +thought adviseable by those departments of government, to whom it +belonged to judge of the propriety of the grant, both in point of +policy and justice, that the grant should be made; in consequence +whereof the memorialists humbly renew their application that a grant of +said lands may be made to them, _reserving therein to all persons their +just and legal rights to any parts or parcels of said lands which may +be comprehended within the tract prayed for by the memorialists;_" +whereupon we beg leave to report to your lordships, + +I. That according to the description of the tract of land prayed for by +the memorialists, which description is annexed to their memorial, it +appears to us to contain part of the dominion of Virginia, to the south +of the river Ohio, and to extend several degrees of longitude westward +from the western ridge of the Appalachian mountains, as will more fully +appear to your Lordships from the annexed sketch of the said tract, +which we have since caused to be delineated with as much exactness as +possible, and herewith submit to your Lordships, to the end that your +Lordships may judge with the greater precision of the situation of the +lands prayed for in the memorial. + +II. From this sketch your Lordships will observe, that a very +considerable part of the lands prayed for, lies beyond the line, which +has, in consequence of his Majesty's orders for that purpose, been +settled by treaty, as well with the tribes of the Six Nations, and +their confederates, as with the Cherokee Indians, as the boundary line +between his Majesty's territories and their hunting grounds; and as the +faith of the crown is pledged in the most solemn manner both to the Six +Nations and to the Cherokees, that notwithstanding the former of these +nations had ceded the property in the lands to his Majesty, yet no +settlements shall be made beyond that line, it is our duty to report to +your Lordships our opinion, that it would on that account be highly +improper to comply with the request of the memorial, _so far as it +includes any lands beyond the said line_. + +It remains therefore, that we report to your Lordships our opinion, how +far it may consist with good policy and with justice, that his Majesty +should comply with that part of the memorial which relates to those +lands which are situated to the east of that line, and are part of the +dominion of Virginia. + +III. And first with regard to the policy, we take leave to remind your +Lordships of that principle which was adopted by this Board, and +approved and confirmed by his Majesty, immediately after the treaty of +Paris, _viz._ the confining the western extent of settlements to such a +distance from the sea coast, as that those settlements should lie +_within the reach of the trade and commerce of this kingdom_, upon +which the strength and riches of it depend, and also of the exercise of +that authority and jurisdiction, which was conceived to be necessary +for the preservation of the colonies, in a due subordination to, and +dependance upon, the Mother Country; and these we apprehend to have +been two capital objects of his Majesty's proclamation of the 7th of +October 1763, by which his Majesty declares it to be his royal will and +pleasure to reserve under his sovereignty, protection, and dominion, +for the _use_ of the Indians, all the lands not included within the +three new governments, the limits of which are described therein, as +also all the lands and territories lying to the westward of the sources +of the rivers which shall fall into the sea from the west and +north-west, and by which, all persons are forbid to make any purchases +or settlements whatever, or to take possession of any of the lands +above reserved, without special licence for that purpose. + +IV. It is true indeed, that partly from _want of precision_ in +describing the line intended to be marked out by the proclamation of +1763, and partly from a consideration of justice _in regard to legal +titles to lands_, which had been settled beyond that line, it has been +since thought fit to enter into engagements with the Indians, for +fixing a more precise and determinate _boundary_ between his Majesty's +territories and their hunting grounds. + +V. By this _boundary_, so far as it regards the case now in question, +your Lordships will observe, that the hunting grounds of the Indians +are reduced within narrower limits than were specified by the +proclamation of 1763; we beg leave however, to submit to your +Lordships, that the same principles of policy, in reference to +settlements _at so great a distance_ from the sea coast _as to be out +of the reach of all advantageous intercourse with this kingdom_, +continue to exist in their full force and spirit; and, though various +propositions for erecting new colonies in the interior parts of America +have been, in consequence of this extension of the boundary line, +submitted to the consideration of government (particularly in that part +of the country wherein are situated the lands now prayed for, with a +view to that object) yet the dangers and disadvantages of complying +with such proposals have been so obvious, as to defeat every attempt +made for carrying them into execution. + +VI. Many objections, besides those which we have already stated, occur +to us to propositions of this kind; but as _every argument_ on this +subject is _collected together with great force and precision_, in a +representation made to his Majesty by the Commissioners for Trade and +Plantations in March 1768, we beg leave to state them to your Lordships +in their words. + +In that representation they deliver their opinion upon a proposition +for settling new colonies in the interior country as follows, _viz._ + +"The proposition of forming inland colonies in America is, we humbly +conceive, entirely new: it adopts principles in respect to American +settlements, different from what have hitherto been the policy of this +kingdom, and leads to a system which, if pursued through all its +consequences, is, in the present state of that country, of the greatest +importance. + +"The great object of colonizing upon the continent of North America, +has been to improve and extend the commerce, navigation, and +manufactures of this kingdom, upon which its strength and security +depend. + +1. "By promoting the advantageous fishery carried on upon the northern +coast. + +2. "By encouraging the growth and culture of naval stores, and of raw +materials, to be transported hither in exchange for perfect +manufactures and other merchandise. + +3. "By securing a supply of lumber, provisions, and other necessaries, +for the support of our establishments in the American islands. + +"In order to answer these salutary purposes, it has been the policy of +this kingdom to confine her settlements as much as possible to the sea +coast, and not to extend them to places inaccessible to shipping, and +consequently more out of the reach of commerce; a plan, which, at the +same time that it secured the attainment of these commercial objects, +had the further political advantage of guarding against all interfering +of foreign powers, and of enabling this kingdom to keep up a superior +naval force in those seas, by the actual possession of such rivers and +harbours as were proper stations for fleets in time of war. + +"Such, may it please your Majesty, have been the considerations +inducing that plan of policy hitherto pursued in the settlement of your +Majesty's American colonies, with which the private interest and +sagacity of the settlers co-operated from the first establishments +formed upon that continent: It was upon these principles, and with +these views, that government undertook the settling of Novia Scotia in +1749; and it was from a view of the advantages represented to arise +from it in these different articles, that it was so liberally supported +by the aid of parliament. + +"The same motives, though operating in a less degree, and applying to +fewer objects, did, as we humbly conceive, induce the forming the +colonies of Georgia, East Florida, and West Florida, to the South, and +the making those provincial arrangements in the proclamation of 1763, +by which the interior country was left to the possession of the +Indians. + +"Having thus briefly stated what has been the policy of this kingdom in +respect to colonizing in America, it may be necessary to take a cursory +view of what has been the effect of it in those colonies, where there +has been sufficient time for that effect to discover itself; because, +if it shall appear from the present state of these settlements, and the +progress they have made, that they are likely to produce the advantages +above stated, it will, we humbly apprehend, be a very strong argument +against forming settlements in the interior country; more especially, +when every advantage, derived from an established government, would +naturally tend to draw the stream of population; fertility of soil and +temperature of climate offering superior incitements to settlers, who, +exposed to few hardships, and struggling with few difficulties, could, +with little labour, earn an abundance for their own wants, but without +a possibility of supplying ours with any considerable quantities. Nor +would these inducements be confined in their operation to foreign +emigrants, determining their choice where to settle, but would act most +powerfully upon the inhabitants of the northern and southern latitudes +of your Majesty's American dominions; who, ever suffering under the +opposite extremes of heat and cold, would be equally tempted by a +moderate climate to abandon latitudes peculiarly adapted to the +production of those things, which are by Nature denied to us; and for +the whole of which we should, without their assistance, stand indebted +to, and dependant upon other countries. + +"It is well known that antecedent to the year 1749, all that part of +the sea-coast of the British empire in America, which extends +north-east from the province of Main to Canceau in Nova Scotia, and +from thence to the mouth of St. Laurence river, lay waste and +neglected; though naturally affording, or capable by art of producing, +every species of naval stores; the seas abounding with whale, cod, and +other valuable fish, and having many great rivers, bays, and harbours, +fit for the reception of ships of war. Thus circumstanced, a +consideration of the great commercial advantages which would follow +from securing the possession of this country, combined with the +evidence of the value set upon it by our enemies, who, during the war +which terminated at that period, had, at an immense expence, attempted +to wrest it from us, induced that plan, for the settlement of Novia +Scotia, to which we have before referred; and which, being prosecuted +with vigour, though at a very large expence to this kingdom, secured +the possession of that province, and formed those establishments which +contributed so greatly to facilitate and promote the success of your +Majesty's arms in the late war. + +"The establishment of government in this part of America, having opened +to the view and information of your Majesty's subjects in other +colonies the great commercial advantages to be derived from it, induced +a zeal for migration; and associations were formed for taking up lands, +and making settlements, in this province, by principal persons residing +in these colonies. + +"In consequence of these associations, upwards of ten thousand souls +have passed from those colonies into Novia Scotia; who have either +engaged in the fisheries, or become exporters of lumber and provisions +to the West Indies. And further settlements, to the extent of +twenty-one townships, of one hundred thousand acres each, have been +engaged to be made there, by many of the principal persons in +Pennsylvania, whose names and association for that purpose now lie +before your Majesty in council. + +"The government of Massachussets Bay, as well as the proprietors of +large tracts to the eastward of the province of Main, excited by the +success of these settlements, are giving every encouragement to the +like settlements in that valuable country, lying between them and Novia +Scotia; and the proprietors of the twelve townships lately laid out +there, by the Massachussets government, now solicit your Majesty for a +confirmation of their title. + +"Such, may it please your Majesty, is the present state of the progress +making in the settlement of the northern parts of the sea coasts of +North America, in consequence of what appears to have been the policy +adopted by this kingdom. And many persons of rank and substance here +are proceeding to carry into execution the plan which your Majesty +(pursuing the same principles of commercial policy) has approved for +the settlement of the islands of St. John and Cape Breton, and of the +new established colonies to the south. And, therefore, as we are fully +convinced, that the encouraging settlements upon the sea coast of North +America is founded in the true principles of commercial policy; as we +find upon examination, that the happy effects of that policy are now +beginning to open themselves, in the establishment of these branches of +commerce, culture, and navigation, upon which the strength, wealth, and +security of this kingdom depend; we cannot be of opinion, that it would +in any view be adviseable, to divest your Majesty's subjects in America +from the pursuit of those important objects, by adopting measures of a +new policy, _at an expence to this kingdom, which in its present state +it is unable to bear_. + +"This, may it please your Majesty, being the light in which we view the +proposition of colonizing in the interior country, considered as a +general principle of policy; we shall, in the next place, proceed to +examine the several arguments urged in support of the particular +establishments now recommended. + +"These arguments appear to us reducible to the following general +propositions, viz. + +First, "That such colonies will promote population, and increase the +demands for and consumption of British manufactures." + +Secondly, "That they will secure the fur trade, and prevent an illicit +trade, or interfering of French or Spaniards with the Indians." + +Thirdly, "That they will be a defence and protection to the old +colonies against the Indians." + +Fourthly, "That they will contribute to lessen the present heavy +expence of supplying provisions to the different forts and garrisons." + +Lastly, "That they are necessary in respect to the inhabitants already +residing in those places where they are proposed to be established, who +require some form of civil government." + +"After what we have already stated with respect to the policy of +encouraging colonies in the interior country as a general principle, we +trust it will not be necessary to enter into an ample discussion of the +arguments brought to support the foregoing propositions. + +"We admit as an undeniable principle of true policy, that with a view +to prevent manufactures, it is necessary and proper to open an extent +of territory for colonization proportioned to the increase of people, +as a large number of inhabitants, cooped up in narrow limits, without a +sufficiency of land for produce, would be compell'd to convert their +attention and industry to manufactures; but we submit whether the +encouragement given to the settlement of the colonies upon the sea +coast, and the effect which such encouragement has had, have not +already effectually provided for this object, as well as for increasing +the demand for, and consumption of British manufactures, an advantage +which, in our humble opinion, would not be promoted by these new +colonies, which being proposed to be established, at the distance of +_above fifteen hundred miles from the sea_, and in places which, upon +the fullest evidence, are found to be utterly inaccessible to shipping, +will, from their inability to find returns wherewith to pay for the +manufactures of Great Britain, be probably led to manufacture for +themselves; a consequence which experience shews has constantly +attended in greater or lesser degree every inland settlement, and +therefore ought, in our humble opinion, to be carefully guarded +against, by _encouraging_ the settlement of that extensive tract of sea +coast hitherto unoccupied; _which, together with the liberty that the +inhabitants of the middle colonies will have_ (in consequence _of the +proposed boundary line with the Indians_) of _gradually extending +themselves backwards_, will more effectually and beneficially answer +the object of encouraging population and consumption, than the erection +of new governments; such gradual extension might through the medium of +a continued population, upon even the same extent of territory, +preserve a communication of mutual commercial benefits between its +extremest parts and Great Britain, _impossible_ to _exist in colonies +separated by immense tracts of unpeopled desart_.--As to the effect +which it is supposed the colonies may have to increase and promote the +fur trade, and to prevent all contraband trade or intercourse between +the Indians under your Majesty's protection, and the French or +Spaniards; it does appear to us, that the extension of the fur trade +depends entirely upon the Indians being undisturbed in the possession +of their hunting, grounds; that all colonizing does in its nature, and +must in its consequences, operate to the prejudice of that branch of +commerce, and that the French and Spaniard would be left in possession +of a great part of what remained; as New Orleans would still continue +the best and surest market. + +"As to the protection which it is supposed these new colonies may be +capable of affording to the old ones, it will, in our opinion, appear +on the slightest view of their situation, that so far from affording +protection to the old colonies, they will stand most in need of it +themselves. + +"It cannot be denied, that new colonies would be of advantage in +raising provisions for the supply of such forts and garrisons as may be +kept up in the neighbourhood of them; but as the degree of utility will +be proportioned to the number and situation of these forts and +garrisons, which upon the result of the present enquiry it may be +thought adviseable to continue, so the force of the argument will +depend upon that event. + +"The present French inhabitants in the neighbourhood of the Lakes will, +in our humble opinion, be sufficient to furnish with provisions +whatever posts may be necessary to be continued there; and as there are +also French inhabitants settled in some parts of the country lying upon +the Mississippi, between the rivers Illinois and the Ohio, it is to be +hoped that a sufficient number of these may be induced to fix their +abode, where the same convenience and advantage may be derived from +them; but if no such circumstance were to exist, and no such assistance +to be expected from it, the objections stated to the plan now under our +consideration are superior to this, or any other advantage it can +produce; and although civil establishments have frequently rendered the +expence of an armed force necessary for their protection, one of the +many objections to these now proposed, yet we humbly presume there +never has been an instance of a government instituted merely with a +view to supply a body of troops with suitable provisions; nor is it +necessary in these instances for the settlements, already existing as +above described, which being formed under military establishments, and +ever subjected to military authority, do not, in our humble opinion, +require any other superintendance than that of the military officers +commanding at these posts. + +"In addition to this opinion of the Board of Trade, expressed in the +foregoing recital, we further beg leave to refer your Lordships to the +opinion of the Commander in Chief of his Majesty's forces in North +America, who, in a letter laid before us by the Earl of Hillsborough, +delivers his sentiments with regard to the settlements in the interior +parts of America in the following words, viz. + +VII. "As to increasing the settlements to respectable provinces, and to +colonization _in general terms_ in the _remote_ countries, I conceive +it altogether inconsistent with sound policy; for there is little +appearance that the advantages will arise from it which nations expect +when they send out colonies into _foreign countries_; they can give no +encouragement to the fishery, and though the country might afford some +kind of naval stores, the distance would be too far to transport them; +and for the same reason they could not supply the sugar islands with +lumber and provisions. As for the raising wine, silk, and other +commodities, the same may be said of the present colonies without +planting others for the purpose at so vast a distance; but on the +supposition that they would be raised, their very long transportation +must probably make them too dear for any market. I do not apprehend the +inhabitants could have any commodities to barter for manufactures +except skins and furs, which will naturally decrease as the country +increases in people, and the desarts are cultivated; so that in the +course of a few years necessity would force them to provide +manufactures of some kind for themselves; and when all connection +upheld by commerce with the mother country shall cease, it may be +expected, that an independancy on her government will soon follow; the +pretence of forming barriers will have no end; wherever we settle, +however remote, there must be a frontier; and there is room enough for +the colonists to spread within our present limits, for a century to +come. If we reflect how the people of themselves have gradually retired +from the coast, we shall be convinced they want no encouragement to +desert sea coasts, and go into the back countries, where the lands are +better, and got upon easier terms; they are already almost out of the +reach of law and government; neither the endeavours of government, or +fear of Indians, has kept them properly within bounds; and it is +apparently most for the interest of Great Britain to confine the +colonies on the side of the back country, and to direct their +settlements along the sea coast, where millions of acres are yet +uncultivated. The lower provinces are still thinly inhabited, and not +brought to the point of perfection that has been aimed at for the +mutual benefit of Great Britain and themselves. Although America may +supply the mother country with many articles, few of them are yet +supplied in quantities equal to her consumption, the quantity of iron +transported is not great, of hemp very small, and there are many other +commodities not necessary to enumerate, which America has not yet been +able to raise, notwithstanding the encouragement given her by bounties +and premiums. The laying open new tracts of fertile territory in +moderate climates might lessen her present produce; for it is the +passion of every man to be a landholder, and the people have a natural +disposition to rove in search of good lands, however distant. It may be +a question likewise, whether colonization of the kind could be effected +_without an Indian war, and fighting for every inch of ground_. The +Indians have long been jealous of our power, and have no patience in +seeing us approach their towns, and settle up on their hunting grounds; +atonements may be made for a fraud discovered in a trader, and even the +murder of some of their tribes, but _encroachments_ upon their lands +have often produced serious consequences. The springs of the last +general war are to be discovered near the Allegany mountains, and upon +the banks of the Ohio. + +"It is so obvious, that settlers might raise provisions to feed the +troops cheaper than it can be transported from the country below, that +it is not necessary to explain it; but I must own I know no other use +in settlements, or can give any other reason for supporting forts, than +to protect the settlements, and keep the settlers in subjection to +government. + +"I conceive, that to procure all the commerce it will afford, and as +little expence to ourselves as we can, is the only object we shall have +in view in the interior country, for a century to come; and I imagine +it might be effected, by proper management, without either forts or +settlements. Our manufactures are as much desired by the Indians, as +their peltry is sought for by us; what was originally deemed a +superfluity, or a luxury by the natives, is now become a necessary; +they are disused to the bow, and can neither hunt, or make war without +fire-arms, powder, and lead. The British provinces can only supply them +with their necessaries, which they know, and for their own sakes would +protect the trader, which they actually do at present. It would remain +with us to prevent the trader's being guilty of frauds and impositions, +and to pursue the same methods to that end, as are taken in the +Southern district; and I must confess, though the plan pursued in that +district might be improved by proper laws to support it, that I do not +know a better, or more oeconomical plan for the management of trade; +there are neither forts nor settlements, in the Southern department, +and there are both in the Northern department; and your Lordships will +be the best judge, which of them has given you the least trouble; in +which we have had the fewest quarrels with, or complaints from the +Indians. + +"I know of nothing so liable to bring on a serious quarrel with Indians +_as an invasion of their property_. Let the savages enjoy their desarts +in quiet; little bickerings that may unavoidably sometimes happen, may +soon be accommodated; and I am of opinion, independent of the motives +of common justice and humanity, that the principles of interest and +policy, should induce us rather to protect than molest them: were they +driven from their forests, the peltry trade would decrease; and it is +_not impossible_ that worse savages would take refuge in them, for they +might then become the asylum of fugitive Negroes, and idle vagabonds, +escaped from justice, who in time might become formidable, and subsist +by rapine, and plundering the lower countries." + +VIII. The opinions delivered in the foregoing recitals are so accurate +and precise, as to make it almost unnecessary to add any thing more: +But we beg leave to lay before your Lordships the sentiments of his +Majesty's Governor of Georgia, upon the subject of large grants in the +interior parts of America, whose knowledge and experience in the +affairs of the colonies give great weight to his opinion. + +In a letter to us, on the subject of the mischiefs attending such +grants, he expresses himself in the following manner, viz. + +"And now, my Lords, I beg your patience a moment, while I consider this +matter in a more extensive point of view, and go a little further in +declaring my sentiments and opinion, with respect to the granting of +large bodies of land, in the back parts of the province of Georgia, or +in any other of his Majesty's Northern colonies, at a distance from the +sea-coast, or from such parts of any province as are already settled +and inhabited. + +"And this matter, my Lords, appears to me, in a very serious and +alarming light; and I humbly conceive may be attended with the greatest +and worst of consequences; for, my Lords, if a vast territory be +granted to any set of gentlemen, who really mean to people it, and +actually do so, it must draw and carry out a great number of people +from Great Britain; and I apprehend they will soon become a kind of +separate and independent people, and who will set up for themselves; +that they will soon have manufactures of their own; that they will +neither take supplies from the mother country, or from the provinces, +at the back of which they are settled; that being at a distance from +the seat of government, courts, magistrates, &c. &c. they will be out +of the reach and controul of law and government; that it will become a +receptacle and kind of asylum for offenders, who will fly from justice +to such new country or colony; and therefore crimes and offences will +be committed, not only by the inhabitants of such new settlements, but +elsewhere, and pass with impunity; and that in process of time (and +perhaps at no great distance) they will become formidable enough, to +oppose his Majesty's authority, disturb government, and even give law +to the other or first settled part of the country, and throw every +thing into confusion. + +"My Lords, I hope I shall not be thought impertinent, when I give my +opinion freely, in a matter of so great consequence, as I conceive this +to be; and, my Lords, I apprehend, that in all the American colonies, +great care should be taken, that the lands on the sea-coast, should be +thick settled with inhabitants, and well cultivated and improved; and +that the settlements should be gradually extended back into the +province, and as much connected as possible, to keep the people +together in as narrow a compass _as the nature of the lands, and state +of things will admit of_; and by which means there would probably +become only one general view and interest amongst them, and the power +of government and law would of course naturally and easily go with +them, and matters thereby properly regulated, and kept in due order and +obedience; and they would have no idea of resisting or transgressing +either without being amenable to justice, and subject to punishment for +any offences they may commit. + +"But, my Lords, to suffer a kind of _province within a province_, and +one that may, indeed must in process of time become superior, and too +big for the head, or original settlement or seat of government, to me +conveys with it many ideas of consequence, of such a nature, as I +apprehend are extremely dangerous and improper, and it would be the +policy of government to avoid and prevent, whilst in their power to do +so. + +"My ideas, my Lords, are not chimerical; I know something of the +situation and state of things in America; and from some little +occurrences or instances that have already really happened, I can very +easily figure to myself what may, and, in short, what will certainly +happen, if not prevented in time." + +IX. At the same time that we submit the foregoing reasoning against +colonization in the interior country to your Lordships consideration, +it is proper we should take notice of one argument, which has been +invariably held forth in support or every proposition of this nature, +and upon which the present proponents appear to lay great stress. It is +urged, that such is the state of the country now proposed to be +granted, and erected into a separate government, that no endeavours on +the part of the crown can avail, to prevent its being settled by those +who, by the increase of population in the middle colonies, are +continually emigrating to the Westward, and forming themselves into +colonies in that country, without the intervention or controul of +government, and who, if suffered to continue in that lawless state of +anarchy and confusion, will commit such abuses as cannot fail of +involving us in quarrel and dispute with the Indians, and thereby +endangering the security of his Majesty's colonies. + +We admit, that this is an argument that deserves attention; and we +rather take notice of it in this place, because some of the objections +stated by Governor Wright _lose their force upon the supposition that +the grants against which he argues are to be erected into separate +governments_. But we are clearly of opinion, that his arguments do, in +the general view of them, as applied to the question of granting lands +in the interior parts of America, stand unanswerable; and _admitting_ +that the settlers in the country in question are _as numerous as report +states them to be_, yet we submit to your Lordships, that this is a +fact which does, in the nature of it, operate strongly in point of +argument _against_ what is proposed; for if the foregoing reasoning has +any weight, it certainly ought to induce your Lordships to advise his +Majesty to take every method to _check_ the progress of these +settlements, and _not_ to make such grants of the land as will have an +immediate tendency to encourage them; a measure which we conceive is +altogether as unnecessary as it is impolitic, as we see nothing to +hinder the government of Virginia from extending the laws and +constitution of that colony to such persons as may have already settled +there _under legal titles_. + +X. And there is one objection suggested by Governor Wright to the +extension of settlements in the interior country, which, we submit, +deserves your Lordships particular attention, viz. the encouragement +that is thereby held out to the emigration of his Majesty's European +subjects; an argument which, in the present peculiar situation of this +kingdom, demands very serious consideration, and has for some time past +had so great weight with this Board, that it has induced us to deny our +concurrence to many proposals for grants of land, even in those parts +of the continent of America where, in all other respects, we are of +opinion, that it consists with the true policy of this kingdom to +encourage settlements; and this consideration of the certain bad +consequences which must result from a continuance of such emigrations, +as have lately taken place from various parts of his Majesty's European +dominions, added to the constant drains to Africa, to the East Indies, +and to the new ceded Islands, will we trust, with what has been before +stated, be a sufficient answer to every argument that can be urged in +support of the present memorial, so far as regards the consideration of +it in point of policy. + +XI. With regard to the propriety in point of _justice_ of making the +grant desired, we presume this consideration can have reference only to +the case of such persons who have already possession of lands in that +part of the country under legal titles derived from grants made by the +Governor and Council of Virginia; upon which case we have only to +observe, that it does appear to us, that there are _some_ such +possessions held by persons who are not parties to the present +Memorial; and therefore, if your Lordships shall be of opinion, that +the making the grant desired would, notwithstanding the reservation +proposed in respect to such titles, have the effect to disturb those +possessions, or to expose the proprietors to suit and litigation, we do +conceive, that, in that case, the grant would be objectionable in point +of justice. + +XII. Upon the whole, therefore, we cannot recommend to your Lordships +to advise his Majesty to comply with the prayer of this Memorial, +either as to the erection of any parts of the lands into a separate +government, or the making a grant of them to the Memorialists; but, on +the contrary, we are of opinion, that settlements in that distant part +of the country should be as much discouraged as possible; and that, in +order thereto, it will be expedient, not only that the orders which +have been given to the Governor of Virginia, not to make any further +grants beyond the line prescribed by the proclamation of 1763, should +be continued and enforced, but that another proclamation should be +issued, declaratory of his Majesty's resolution not to allow, for the +_present_, any new settlements beyond that line, and to forbid all +persons from taking up or settling any lands in that part of the +country. + +We are, + +My Lords, + +Your Lordships most obedient and + +Most humble servants, + +WHITEHALL, April 15, 1772. + + + + +OBSERVATIONS on, and ANSWERS to, the foregoing REPORT. + + +I. The first paragraph of the Report, we apprehend, was intended to +establish two propositions as facts;--viz.-- + +First, That the tract of land agreed for with the Lords Commissioners +of the Treasury, contains _part_ of the dominion of Virginia. + +Second, That it extends several degrees of longitude _Westward_ from +the Western ridge of the _Allegany_ mountains. + +On the first proposition we shall only remark, that no part of the +above tract is to the _Eastward_ of the Allegany mountains;--and that +these mountains must be considered as the true Western boundary of +_Virginia_;--for the King was _not_ seised and possessed of a right _to +the country Westward_ of the mountains, until his Majesty purchased it, +in the year 1768, from the Six Nations: and since that time, there has +not been any annexation of such purchase, or of any part thereof, to +the colony of Virginia. + +On the second proposition,--we shall just observe, that the Lords +Commissioners for Trade and Plantations appear to us to be as erroneous +in this as in the former proposition; for their Lordships say, that the +tract of land under consideration _extends several degrees_ of +longitude _Westward_. The truth is, that it is not more, on a medium, +than one degree and a half of longitude from the Western ridge of the +Allegany mountains to the river Ohio. + +II. It appears by the second paragraph, as if the Lords Commissioners +for Trade and Plantations apprehended,--that the lands south-westerly +of the _boundary line_, marked on a map annexed to their Lordships +_report_,--were either claimed by the Cherokees, or were their hunting +grounds, or were the hunting grounds of the Six Nations and their +confederates. + +As to any claim of the Cherokees to the above country, it is altogether +new and indefensible; and never was heard of, until the appointment of +Mr. Stewart to the superintendency of the Southern colonies, about the +year 1764; and this, we flatter ourselves, will not only be obvious +from the following state of facts, but that the right to _all the +country_ on the Southerly side of the river Ohio, quite to the Cherokee +River, is _now_ undoubtedly vested in the King, by the grant which the +Six Nations made to his Majesty at Fort Stanwix, in November 1768.--In +short, the lands from the _Great Kenhawa_ to the _Cherokee river_ never +were, either the dwelling or hunting grounds of the _Cherokees_;--but +formerly belonged to, and were inhabited by the _Shawanesse_, until +such time as they were conquered by the Six Nations. + +Mr. Colden, the present Lieutenant Governor of New York, in his History +of the Five Nations, observes, that about the year 1664, "the Five +Nations being amply supplied by the English with firearms and +ammunition, gave a full swing to their warlike genius. They carried +their arms _as far South as Carolina_, to the Northward of New England, +and as _far West as the river Mississippi_, over a vast country,--which +extended 1200 miles in length from North to South, and 600 miles in +breadth,--where they entirely destroyed whole nations, of whom there +are no accounts remaining among the English." + +In 1701,--the Five Nations put all their hunting lands under the +protection of the English, as appears by the records, and by the +recital and confirmation thereof, in their deed to the King of the 4th +September 1726;--and Governor Pownal, who many years ago diligently +searched into the rights of the natives, and in particular into those +of the Northern confederacy, says, in his book intituled, the +_Administration of the Colonies_, "The right of the Five Nation +confederacy to the hunting _lands of Ohio_, Ticucksouchrondite and +Scaniaderiada, by the conquest they made, in subduing the _Shaoeanaes_, +Delawares (as we call them) Twictwees and Oilinois, may be fairly +proved, as they stood possessed thereof at the peace of Reswick +1697."--And confirmatory hereof, Mr. Lewis Evans, a gentleman of great +American knowledge, in his map of the middle colonies, published in +America in the year 1755, has laid down the country on the +_South-easterly side_ of the river Ohio, _as the hunting lands of the +Six Nations_; and in his Analysis to this map, he expressly says,--"The +_Shawanesse_, who were formerly one of the most considerable nations of +those parts of America, whose seat extended from _Kentucke_ +South-westward to the Mississippi, have been subdued by the +confederates (or Six Nations) _and the country since became their +property_. No nation," Mr. Evans adds, "held out with greater +resolution and bravery, and although they have been scattered in all +parts for a while, they are again collected on _Ohio_, under the +dominion of the confederates." + +At a congress held in the year 1744, by the provinces of Pennsylvania, +Maryland, and Virginia with the Six Nations,--the Commissioners of +Virginia, in a speech to the Sachems and Warriors of that confederacy, +say, "tell us what nations of Indians you conquered any lands from in +Virginia, how long it is since, and what possession you have had; and +if it does appear, that there is any land on the _borders_ of Virginia +that the Six Nations have a right to, we are willing to make you +satisfaction." + +To this speech the Six Nations gave the following animated and decisive +answer:--"All the world knows we conquered the several nations living +on Sasquehanna, Cohongoranto [_i.e._ Powtomack] _and on the back of the +great mountains in Virginia_;--the Conoy-uck-suck-roona, +Cock-now-was-roonan, Tohoa-irough-roonan, and Connutskin-ough-roonaw +_feel_ the effects of our conquests; being now a part of our nations, +and their lands at _our_ disposal. We know very well, it hath often +been said by the Virginians, that the King of England and the people of +that colony conquered the people who lived there; but it is not true. +We will allow, they conquered the Sachdagughronaw, and drove back the +Tuskaroras [the first resided near the branches of James's River in +Virginia, and the latter on these branches] and that they have, on that +account, a right to some parts of Virginia; _but as to what lies beyond +the mountains, we conquered the nations residing there, and that land_, +if the Virginians ever get a _good right to it, it must be by us_." + +In the year 1750, the French seized four English traders, who were +trading with the Six Nations, Shawanesse and Delawares, on the waters +of the Ohio, and sent them prisoners to Quebeck, and from thence to +France. + +In 1754, the French took a formal possession of the river Ohio, and +built forts at Venango,--at the confluence of the Ohio and Monongehela, +and at the _mouth of the Cherokee River_. + +In 1755, General Braddock was sent to America with an army, to remove +the French from their possessions _over_ the Allegany mountains, and on +the river Ohio; and on his arrival at Alexandria, held a council of war +with the Governors of Virginia, Maryland, Pennsylvania, New York, and +the Massachusets Bay;--And as these gentlemen well knew, that the +country claimed by the French, _over the Allegany mountains, and +South-westerly to the river Mississippi_, was the unquestionable +property of the _six Nations_, and _not_ of the Cherokees, or any other +tribe of Indians,--the General gave instructions to Sir William +Johnson, to call together the Indians of the _Six Nations_, and lay +before them their before-mentioned grant to the King in 1726,--wherein +they had put all their hunting lands _under his Majesty's protection; +to be guaranteed to them, and to their use_:--And as General Braddock's +instructions are clearly declaratory of the right of the Six Nations to +the lands under consideration, we shall here transcribe the conclusive +words of them,--"And it appearing that the French have, from time to +time, by fraud and violence, built strong forts _within the limits of +the said lands_, contrary to the covenant chain of the said deed and +treaties, you are, in my name, to assure the said nations, that I am +come by his Majesty's order, to destroy all the said forts, and to +build such others, _as shall protect and secure the said lands to them, +their heirs and successors for ever_, according to the intent and +spirit of the said treaty; and I do therefore call upon them to take up +the hatchet, _and come and take possession of their own lands_." + +That General Braddock and the American Governors, were _not_ singular +in their opinion, as to the right of the Six Nations to the land _over_ +the Allegany mountains, and on both sides of the river Ohio, quite to +the Mississippi,--is evident, from the memorials which passed between +the British and French Courts in 1755. + +In a memorial delivered by the King's Ministers on the 7th June 1755, +to the Duke Mirepoix, relative to the pretensions of France to the +above-mentioned lands, they very justly observed--"As to the +exposition, which is made in the French memorial of the 15th article of +the treaty of Utrecht, the Court of Great Britain does not think it can +have any foundation, either by the words or the intention of this +treaty. + +1st, "The Court of Great Britain cannot allow of this article, relating +only to the persons of the Savages, and _not their country_: The words +of this treaty are clear and precise, that is to say, the Five +_Nations_ or Cantons, are subject to the dominion of Great +Britain,--which, by the received exposition of all treaties, must +relate to the _country_, as well to the persons of the inhabitants;--it +is what France has acknowledged in the most solemn manner;--She has +well weighed the importance of this acknowledgement, at the time of +signing this treaty, and Great Britain can never give it up. The +countries possessed by these Indians, _are very well known, and are not +at all so undetermined_, as it is pretended in the memorial: they +_possess_ and _make them over, as other proprietors do, in all other +places_." + +5th, "Whatever pretext might be alledged by France, in considering +these countries as the appurtenances of Canada; _it is a certain truth, +that they have belonged, and_ (as they have not been given up, _or made +over_ to the English) _belong still to the same Indian nations_; which, +by the 15th article of the treaty of Utrecht, France agreed not to +molest,--Nullo in posterum impedimento, aut molestia afficiant." + +"Notwithstanding all that has been advanced in this article, the Court +of Great Britain _cannot_ agree to France having the least title to the +river Ohio, and the _territory in question_." [_N.B._ This was all the +country, from the Allegany mountains to the Ohio, and down the same, +and on both sides thereof to the river Mississippi.] + +"Even that of possession is not, nor can it be alledged on this +occasion; since France cannot pretend to have had any such before the +treaty of Aix-la-Chapelle, nor since, unless it be that of certain +_forts_, unjustly erected lately _on the lands which evidently, belong +to the Five Nations_, or which these have made over to the Crown of +Great Britain or its subjects, as may be proved by treaties and acts of +the greatest authority.--_What_ the Court of Great Britain _maintained, +and what it insists upon_, is, _That the Five Nations of the Iroquois, +acknowledged_ by France, _are_, by origin, or _by right of conquest_ +the _lawful proprietors of the river Ohio, and the territory in +question_: And as to the territory, which has been _yielded and made +over by these people_ to Great Britain (which cannot but be owned must +be the most just and lawful manner of making an acquisition of this +sort) she reclaims it, as belonging to her, having continued +cultivating it for above 20 years past, and having made settlements in +several parts of it, from the sources even of the Ohio to +Pichawillanes, in the center of the territory between the Ohio and the +Wabache." + +In 1755, the Lords Commissioners for Trade and Plantations were so +solicitous to ascertain the territory of the Six Nations, that Dr. +Mitchel, by their desire, published a large map of North America; and +Mr. Pownal, the present Secretary of the Board of Trade, _then_ +certified, as appears on the map,--That the Doctor was furnished with +documents for the purpose from that Board.--In this map Dr. Mitchel +observes, "That the Six Nations have extended their territories, ever +since the year 1672, _when they subdued and were incorporated with the +antient Shawanesse, the native proprietors of these countries, and the +river Ohio_: Besides which, they likewise claim a right of conquest +over the Illinois, and all the Mississippi, as far as they extend. +This," he adds, "is confirmed by their own claims and possessions in +1742, which include all the bounds here laid down, and none have ever +thought fit to dispute them." And, in confirmation of this right of the +Six Nations to the country on the Ohio, as mentioned by the King's +Ministers, in their memorial to the Duke of Mirepoix in 1755, we would +just remark, that the Six Nations, Shawanesse and Delawares, were in +the _actual occupation_ of the lands _Southward_ of the Great Kenhawa +for some time after the French had encroached up on the river Ohio; and +that in the year 1752, these tribes had a large town on Kentucke +River,--238 miles below the _Sioto_:--That in the year 1754, they +resided and hunted on the _Southerly_ side of the river Ohio, in the +_Low Country_, at about 320 miles _below_ the Great Kenhawa;--and in +the year 1755, they had also a large town opposite to the mouth of +Sioto;--_at the very place_, which is the _Southern boundary_ line of +the tract of land applied for by Mr. Walpole and his associates.--But +it is a certain fact, that the Cherokees _never_ had any towns or +settlements in the country, _Southward_ of the Great Kenhawa;--that +they do _not_ hunt there, and that neither the Six Nations, Shawanesse +nor Delawares, do _now_ reside or hunt on the Southerly side of the +river Ohio, nor did _not_ for several years _before_ they sold the +country to the King.--These are facts, which can be easily and fully +proved. + +In October 1768, at a congress held with the Six Nations at Fort +Stanwix, they observed to Sir William Johnson: "Now, brother, you who +know all our affairs, must be sensible, that _our_ rights go much +farther to the _Southward_ than the _Kenhawa_,--and that we have a very +good and clear title as far _South_ as the _Cherokee River_, which we +cannot allow to be the right of any other Indians, without doing wrong +to our posterity, and acting unworthy those warriors who fought and +conquered it;--we therefore expect this our right will be considered." + +In November 1768, the Six Nations sold to the King all the country on +the Southerly side of the river Ohio, as far as to the Cherokee river; +but notwithstanding that sale, as soon as it was understood in +Virginia, that government _favoured_ the pretensions of the Cherokees, +and that Dr. Walker and Colonel Lewis (the commissioners sent from that +colony to the congress at Fort Stanwix) had returned from thence, the +late Lord Bottetourt sent these gentlemen to Charles-town, +South-Carolina, to endeavour to convince Mr. Stuart, the Southern +superintendent of Indian affairs, of the necessity of enlarging the +boundary line, which he had settled with the Cherokees;--and to run it +from the _Great Kenhawa_ to Holston's river.--These gentlemen were +appointed commissioners by his Lordship, as they had been long +conversant in Indian affairs, and were well acquainted with the actual +extent of the Cherokee country.--Whilst these commissioners were in +South Carolina, they wrote a letter to Mr. Stuart, as he had been but a +very few years in the Indian service, (and could not, from the nature +of his former employment, be supposed to be properly informed about the +Cherokee territory), respecting the claims of the Cherokees to the +lands _Southward_ of the Great Kenhawa, and therein they expressed +themselves as follows: + + "Charles-town, South Carolina, + February 2, 1769. + + "The country _Southward_ of _the Big Kenhawa was never claimed + by the Cherokees_, and now is the property of the Crown, as Sir + William Johnson purchased it of the Six Nations at a very + considerable expence, and took a deed of cession from them at + Fort Stanwix." + +In 1769, the house of burgesses of the colony of Virginia represented +to Lord Bottetourt, "That they have the greatest reason to fear the +said line," (meaning the boundary line, which the Lords Commissioners +for Trade and Plantations have referred to, in the map annexed to their +Lordships report) "if confirmed, would constantly open to the Indians, +and others _enemies_ to his Majesty, a free and easy ingress to the +heart of the country on the Ohio, Holston's river, and the Great +Kenhawa; whereby the settlements which may be attempted in these +quarters will, in all probability, be utterly destroyed, and _that +great extent of country_ [at least 800 miles in length] _from the mouth +of the Kenhawa_ to the _mouth of the Cherokee river_ extending Eastward +as far as the Laurell Hill, _so lately ceded to his Majesty, to which +no tribe of Indians at present set up any pretensions, will be entirely +abandoned to the Cherokees_; in consequence of which, claims, _totally +destructive_ of the true interest of his Majesty, may at some future +time arise, _and acquisitions justly ranked among the most valuable of +the late war be altogether lost_." + +From the foregoing detail of facts, it is obvious, + +1st. That the country _Southward_ of the _Great Kenhawa_, at least as +far as the Cherokee river, originally belonged to the Shawanesse. + +2d. That the Six Nations, in virtue of their conquest of the +Shawanesse, became the lawful proprietors of that country. + +3d. That the King, in consequence of the grant from the Six Nations, +made to his Majesty at Fort Stanwix in 1768, is _now_ vested with the +undoubted right and property thereof. 4th. That the Cherokees _never_ +resided, nor hunted in that country, and have _not_ any kind of right +to it. + +5th. That the House of Burgesses of the colony of Virginia have, upon +good grounds, asserted, [such as properly arise from the nature of +their stations, and proximity to the Cherokee country], that the +Cherokees had not any just pretensions to the territory _Southward_ of +the Great Kenhawa. + +And lastly, That neither the Six Nations, the Shawanesse nor Delawares, +do _now_ reside, or hunt in that country. + +From these considerations, it is evident no possible injury can arise +to his Majesty's Service,--to the Six Nations and their +confederacy,--or to the Cherokees, by permitting us to settle the +_whole_ of the lands comprehended within our contract with the Lords +Commissioners of the Treasury:--If, however, there has been any treaty +held with the Six Nations, _since_ the cession made to his Majesty at +Fort Stanwix, whereby the faith of the crown is pledged, both to the +Six Nations and the Cherokees, that no settlements should be made +beyond the line, marked on their Lordships report; we say, if such +agreement has been made by the orders of government with these tribes, +(not withstanding, as the Lords Commissioners have acknowledged, "_the +Six Nations had ceded the property in the lands to his Majesty_)"--We +flatter ourselves, that the objection of their Lordships in the second +paragraph of their Report, will be entirely obviated, by a specific +clause being inserted in the King's grant to us, _expressly prohibiting +us from settling any part of the same_, until such time as we shall +have _first_ obtained his Majesty's allowance, and the full consent of +the Cherokees, and the Six Nations and their confederates, for that +purpose. + +III. In regard to the third paragraph of their Lordships Report, that +it was the _principle_ of the board of trade, _after_ the treaty of +Paris, "to _confine_ the western extent of settlements to such a +distance from the sea-coast, as that these settlements should lie +within the _reach_ of the trade and commerce of this kingdom," _&c._ we +shall not presume to controvert;--but it may be observed, that the +settlement of the country _over_ the Allegany mountains, and on the +Ohio, was _not_ understood, either _before_ the treaty of Paris, nor +intended to be so considered by his Majesty's proclamation of October +1763, "as _without the reach of the trade and commerce of this +kingdom_," &c.;--for, in the year 1748, Mr. John Hanbury, and a number +of other gentlemen, petitioned the King for a grant of 500,000 acres of +land _over_ the Allegany mountains, and on the river Ohio and its +branches; and the Lords Commissioners for Trade and Plantations were +_then_ pleased to _report_ to the Lords committee of his Majesty's most +honourable privy council, "_That the settlement of the country, lying +to the westward of the great mountains_, as it was the center of the +British dominions, _would be for his Majesty's interest, and the +advantage and security of Virginia and the neighbouring colonies_." + +And on the 23d of February 1748-9, the Lords Commissioners for Trade +and Plantations _again reported_ to the Lords of the committee of the +privy council, that they had "fully _set forth the great utility and +advantage of extending our settlements beyond the great mountains_ +("which _Report has been approved of by your Lordships_").--And as, by +these _new_ proposals, there is _a great probability of having a much +larger tract of the said country settled than under the former, we are +of opinion, that it will be greatly for his Majesty's service_, and the +_welfare and security of Virginia, to comply with the prayer of the +petition_." + +And on the 16th of March 1748-9, an _instruction_ was sent to the +Governor of Virginia to grant 500,000 acres of land _over the Allegany +mountains_ to the aforesaid Mr. Hanbury and his partners (who are now +_part_ of the company of Mr. Walpole and his associates); and that +instruction sets forth, That "_such settlements will be for our +interest_, and the _advantage and security of our said colony, as well +as the advantage of the neighbouring ones_;--inasmuch as our loving +subjects _will be thereby enabled to cultivate a friendship, and carry +on a more extensive commerce_ with the nations of Indians inhabiting +those parts; _and such examples may likewise induce the neighbouring +colonies to turn their thoughts towards designs of the same +nature_."--Hence we apprehend, it is evident, that a former board of +trade, at which Lord Halifax presided, was of opinion, that settlements +_over_ the Allegany mountains were not against the King's interest, +_nor_ at such a distance from the sea-coast, as to _be without_ "the +_reach_ of the trade and commerce of this kingdom," nor _where_ its +authority or jurisdiction could not be exercised.--But the _Report_ +under consideration suggests, that two capital objects of the +proclamation of 1763 were, _to confine_ future settlements to the +"sources of the rivers which fall into the sea from the West and +North-West," (or, in other Words, to the _Eastern side of the Allegany +mountains_) and to the three new governments of Canada, East Florida, +and West Florida;--and to establish this fact, the Lords Commissioners +for Trade and Plantations recite a part of that proclamation. + +But if the _whole_ of this proclamation is considered, it will be found +to contain the nine following heads; viz.[1] + + [1] Vide the Proclamation in the Appendix, No. 1. + +1st, To declare to his Majesty's subjects, that he had erected four +distinct and separate governments in America; viz. Quebec, East +Florida, West Florida, and Grenada. + +2d, To ascertain the respective boundaries of these four new +governments. + +3d, To testify the royal sense and approbation of the conduct and +bravery, both of the officers and soldiers of the King's army, and of +the reduced officers of the navy, who had served in North America, and +to reward them, by grants of lands in Quebec, and in East and West +Florida, without fee or reward. + +4th, To hinder the governors of Quebec, East Florida and West Florida, +from granting warrants of survey, or passing patents for lands, +_beyond_ the bounds of their respective governments. + +5th, To forbid the governors of any other colonies or plantations in +America, from granting warrants or passing patents for lands, _beyond_ +the heads or sources of any of the rivers, which fall into the Atlantic +Ocean from the west or north-west, or upon any lands whatever, "_which, +not having been_ CEDED _to or purchased by the King_, are reserved to +the said Indians, or any of them." + +6th, To reserve, "_for the present_," under the King's sovereignty, +protection, and dominion, _for the use of the said Indians_, all the +lands _not_ included within the limits of the said three new +governments, or within the limits of the Hudson's Bay company; as also, +all the lands lying to the westward of the sources of the rivers, which +fall into the sea from the west and north-west, and forbidding the +King's subjects, from making any purchases of settlements whatever, or +taking possession of the lands _so reserved_, without his Majesty's +leave and licence first obtained. + +7th, To require all persons, who had made settlements on lands, _not_ +purchased by the King from the Indians, to remove from such +settlements. + +8th, To regulate the future purchases of lands from the Indians, within +such parts as his Majesty, by that proclamation, permitted settlements +to be made. + +9th, To declare, that the trade with the Indians should be free and +open to all his Majesty's subjects, and to prescribe the manner how it +shall be carried on. + +And lastly, To require all military officers, and the superintendants +of Indian affairs, to seize and apprehend all persons who stood charged +with treasons, murders, &c. and who had fled from justice, and taken +refuge in the reserved lands of the Indians, to send such persons to +the colony, _where_ they stood accused. + +From this proclamation, therefore, it is obvious, that the sole design +of it, independent of the establishment of the three new governments, +ascertaining their respective boundaries, rewarding the officers and +soldiers, and regulating the Indian trade, and apprehending felons, was +to _convince_ the Indians "of his Majesty's justice and determined +resolution to remove all reasonable cause of discontent," by +interdicting all settlements on land, not _ceded to or purchased by his +Majesty_; and declaring it to be, as we have already mentioned, his +royal will and pleasure, "for _the present, to reserve_, under his +sovereignty, protection, and dominion, _for the use of the Indians_, +all the lands and territories lying to the westward of the sources of +the rivers which fall into the sea from the west and north-west."--Can +any words express more decisively the royal intention?--Do they not +explicitly mention, That the territory is, _at present_, reserved under +his Majesty's protection, _for the use of the Indians_?--And as the +Indians had _no use_ for those lands, which are bounded _westerly_ by +the _south-east side_ of the river Ohio, either for residence or +hunting, they were willing to sell them; and accordingly did sell them +to the King in November 1768, (the occasion of which sale will be fully +explained in our observations on the succeeding paragraphs of the +_Report_).--Of course, the proclamation, so far as it regarded the +settlement of the lands included within that purchase, has absolutely +and undoubtedly ceased.--The late Mr. Grenville, who was, at the time +of issuing this proclamation, the minister of this kingdom, always +admitted, that the design of it was totally accomplished, _so soon as +the country was purchased of the natives_. + +IV. In this paragraph, the Lords Commissioners for Trade and +Plantations mention two reasons for his Majesty's entering into +engagements with the Indians, for fixing a _more precise and +determinate boundary line_, than was settled by the proclamation of +October 1763, viz. + +1st, Partly for want of _precision_ in the one intended to be marked by +the proclamation of 1763. + +2d, And partly from a consideration of justice in regard to _legal +titles to lands_. + +We have, we presume, fully proved, in our observations on the third +paragraph,--That the design of the proclamation, so far as it related +to lands _westward_ of the Allegany mountains, was for no other purpose +than to _reserve_ them, under his Majesty's protection, for _the +present, for the use of the Indians_; to which we shall only add, That +the line established by the proclamation, so far as it concerned the +lands in question, could _not_ possibly be fixed and described with +more _precision_, than the proclamation itself describes it; for it +declares,--That "all the lands and territories lying to the westward of +the sources of the rivers, _which fall into the sea from the west and +north-west_," should be reserved under his Majesty's protection. + +Neither, in our opinion, was his Majesty induced to enter into +engagements with the Indians for fixing a more _precise_ and +determinate boundary "_partly from a consideration of justice, in +regard to legal titles to lands_,"--for there were _none_ such (as we +shall prove) comprehended within the tract _now_ under consideration. + +But for a full comprehension of ALL the reasons for his Majesty's +"entering into engagements with the Indians, for fixing a more precise +and determinate boundary line," than was settled by the royal +proclamation of Oct. 1763, we shall take the liberty of stating the +following facts:--In the year 1764, the King's ministers had it _then_ +in contemplation, to obtain an act of parliament for the proper +regulation of the Indian commerce; and providing a fund, (by laying a +duty on the trade) for the support of superintendants, commissaries, +interpreters, &c. at particular forts in the Indian country, _where_ +the trade was to be carried on:--And as a part of this system, it was +thought proper, in order to avoid future complaints from the Indians, +on account of encroachments on their hunting grounds, to purchase a +large tract of territory from them, and establish, with their consent, +a respectable _boundary line_, beyond which his Majesty's subjects +should _not_ be permitted to settle. + +In consequence of this system, orders were transmitted to Sir William +Johnson, in the year 1764, to call together the Six Nations,--lay this +proposition of the _boundary_ before them, and take their opinion upon +it.--This, we apprehend, will appear evident from the following speech, +made by Sir William to the Six Nations, at a conference which he held +with them, at Johnson Hall, May the 2d, 1765. + + BRETHREN, + + "The last but the most important affair I have at this time to + mention, is with regard to the _settling a boundary between you and + the English_. I sent a message to some of your nations some time + ago, to acquaint you, that I should confer with you at this meeting + upon it. The King, whose generosity and forgiveness you have + already experienced, _being very desirous to put a final end to + disputes between his people and_ YOU CONCERNING LANDS, and to do + you strict justice, has fallen upon the plan of a boundary between + our provinces and the Indians (which no white man shall dare to + invade) as the best and surest method of ending such like disputes, + and _securing your property_ to you, beyond a possibility of + disturbance. This will, I hope, appear to you so reasonable, so + just on the part of the King, and so advantageous to you and your + posterity, that I can have no doubt of your chearfully joining with + me in settling such a division-line, as will be best for the + advantage of both white men and Indians, _and as shall best agree + with the extent and increase of each province_, and the governors, + whom I shall consult upon that occasion, so soon as I am fully + empowered; but in the mean time I am desirous to know in what + manner you would choose to extend it, and what you will heartily + agree to, and abide by, in general terms. At the same time I am to + acquaint you, that whenever the whole is settled, and that it shall + appear you have _so far consulted the increasing state of our + people, as to make any convenient cessions of ground_ where it is + most wanted, that then you will receive a considerable present in + return for your friendship." + +To this speech the Sachems and Warriors of the Six Nations, after +conferring some time among themselves, gave an answer to Sir William +Johnson, and agreed to the proposition of the boundary line;--which +answer, and the other transactions of this conference, Sir William +transmitted to the office of the Lords Commissioners for Trade and +Plantations.-- + +From a change of the administration, which formed the above system of +obtaining an act of parliament for regulating the Indian trade, and +establishing the _boundary line_, or from some other public cause, +unknown to us,--no measures were adopted, until the latter end of the +year 1767, for _completing_ the negotiation about this boundary +line.--But in the mean time, viz. between the years 1765 and 1768,--the +King's subjects removed in _great_ numbers from Virginia, Maryland, and +Pennsylvania, and settled _over_ the mountains,--upon which account, +the Six Nations became so irritated, that in the year 1766 they killed +several persons, and denounced a general war against the middle +colonies; and to appease them, and to avoid such a public calamity, a +detachment of the 42d regiment of root was _that year_ sent from the +garrison of Fort Pitt, to remove such settlers as were seated at _Red +Stone Creek_, &c.--but the endeavours and threats of that detachment +proved ineffectual, and they returned to the garrison, without being +able to execute their orders.--The complaints of the Six Nations +however continuing and _increasing_, on account of the settling of +their lands _over_ the mountains, General Gage wrote to the Governor of +Pennsylvania on the 7th of December 1767, and after mentioning these +complaints, he observed, "_You are a witness how little attention has +been paid to the several proclamations that have been published; and +that even the removing those people from the lands in question_, which +_was attempted this summer by the garrison at Fort Pitt_, has _been +only a temporary expedient_. We learn they are _returned again_ to the +same _encroachments_ on Red Stone Creek and Cheat River in _greater +numbers than ever_."[2] + + [2] Vide p. 47. + +On the 5th of January 1768, the governor of Pennsylvania sent a message +to the general assembly of the province with the foregoing letter from +General Gage,--and on the 13th the assembly in the conclusion of a +message to the governor on the subject of Indian complaints, observed, +"To obviate which cause of their discontent, and effectually to +establish between them and his Majesty's subjects a durable peace, we +are of opinion, that a speedy _confirmation_ of the _boundary_, and a +just satisfaction made to them for their lands on this side of it, are +absolutely necessary. By this means all their present complaints of +encroachments will be removed, and the people on our frontiers will +have a sufficient country _to settle or hunt in, without interfering +with them_." + +On the 19th of January 1768, Mr. Galloway, the speaker of the assembly +in Pennsylvania, and the committee of correspondence, wrote on the +subject of the Indians disquietude, by order of the house, to their +agents Richard Jackson and Benjamin Franklin, Esquires, in London, and +therein they said, "That the delay of the confirmation of the +_boundary_, the natives have warmly complained of, _and that although +they have received no consideration_ for the _lands agreed to be ceded +to the crown on our_ side of the boundary, _yet that its subjects are +daily settling and occupying those very lands_." + +In April 1768, the legislature of Pennsylvania finding that the +expectations of an Indian war were hourly increasing, _occasioned by +the settlement of the lands over the mountains_, not sold by the +natives; and flattering themselves, that orders would soon arrive from +England for the perfection of the boundary line, they voted the sum of +one thousand pounds, to be given as a present, in blankets, strouds, +&c. to the Indians upon the Ohio, with a view of moderating their +resentment, until these orders should arrive:--and the governor of +Pennsylvania being informed, that a treaty was soon to be held at Fort +Pitt by George Croghan, Esq; deputy agent of Indian affairs, by order +of General Gage and Sir William Johnson, he sent his secretary and +another gentleman, as commissioners from the Province, to deliver the +above present to the Indians at Fort Pitt. + +On the 2d of May 1768, the Six Nations made the following speech at +that conference: + + "BROTHER, + + "It is not without grief that we see our country _settled by you_, + without our knowledge or consent; and it is a long time since we + complained to you of this grievance, which we find has not yet been + redressed; but _settlements_ are still _extending further into our + country_: some of them are made directly on our war-path, leading + to our enemies' country, and we do not like it. Brother, you have + _laws among you_ to govern your people by; and it will be the + strongest proof of the sincerity of your friendship, to let us see + that you remove the people from our lands; as we look upon it, + _they will have time enough to settle them, when you have purchased + them, and the country becomes yours_." + +The Pennsylvania commissioners, in answer to this speech, informed the +Six Nations, that the governor of that province had sent four gentlemen +with his proclamation and the act of assembly (making it _felony of +death_ without benefit of clergy, to continue on Indian lands) to such +settlers _over_ the mountains as were seated, within the limits of +Pennsylvania, requiring them to vacate their settlements, but all to no +avail:--That the governor of Virginia had likewise, to as little +purpose, issued his proclamations and orders, and that General Gage had +twice _ineffectually_ sent parties of soldiers to remove the settlers +from Red Stone Creek and Monongehela. + +As soon as Mr. Jackson and Dr. Franklin received the foregoing +instructions from the general assembly of Pennsylvania, they waited +upon the American minister, and urged the expediency and necessity of +the boundary line being speedily concluded; and in consequence thereof, +additional orders were immediately transmitted to Sir William Johnson +for that purpose. + +It is plain therefore, that the proclamation of October 1763 was _not_ +designed, as the Lords Commissioners for Trade and Plantations have +suggested, to signify the policy of this kingdom, _against_ settlements +_over_ the Allegany mountains, _after_ the King had actually purchased +the territory; and that the _true_ reasons for purchasing the lands +comprized within that boundary, were to avoid an Indian rupture, and +give an opportunity to the King's subjects, quietly and lawfully to +settle thereon. + +V. Whether the Lords Commissioners for Trade and Plantations are well +founded in their declarations, That the lands under consideration "_are +out of all advantageous intercourse with this kingdom_," shall be fully +considered in our observations on the sixth paragraph;--and as to "the +various propositions for erecting new colonies in the _interior parts_, +which their Lordships say, have been, in consequence of the extension +of the boundary line, submitted to the consideration of government, +particularly in _that part of the country_, wherein are situated the +lands now prayed for, and the danger of complying with such proposals +have been so obvious, as to _defeat_ every attempt for carrying them +into execution,"--we shall only observe on this paragraph, that as we +do not know what these propositions were, or upon what principle the +proposers have been _defeated_, it is impossible for us to judge, +whether they are any ways applicable to our case.--Consistent however +with our knowledge, no more than one proposition, for the settlement of +a _part_ of the lands in question, has been presented to government, +and that was from Dr. Lee, 32 other Americans, and two Londoners, in +the year 1768, praying that his Majesty would _grant_ to them, without +_any purchase-money_, 2,500,000 acres of land _in one or more surveys_, +to be located between the 38th and 42d degrees of latitude, _over the +Allegany mountains_, and on condition of their possessing these lands +12 _years_ WITHOUT _the payment of any quit-rent_, (the same _not_ to +begin until the whole 2,500,000 acres were surveyed) and that they +should be obliged to settle only 200 _families in_ 12 _years_.--Surely, +the Lords Commissioners did not mean this proposition as one that was +similar, and would _apply_ to the case now _reported_ upon;--and +especially as Dr. Lee and his associates did not propose, as we do, +either to purchase the lands, or pay the quit-rents to his Majesty, +_neat and clear of all deductions_, or be at the _whole_ expence of +establishing and maintaining the civil government of the country. + +VI. In the sixth paragraph the Lords Commissioners observe, That +"_every argument on the subject_, respecting the settlement of the +lands in that part of the country now prayed for, _is collected +together with great force and precision in a representation made to his +Majesty_ by the Lords Commissioners for Trade and Plantations, in March +1768." + +That it may be clearly understood, what was the occasion of this +_representation_, we shall take the liberty of mentioning, that on the +first of October 1767, and during the time that the Earl of Shelburne +was Secretary of State for the southern department, an idea was +entertained of forming, "_at the expence of the crown_," three _new +governments_ in North America, _viz._ one at _Detroit_ [on the waters +between Lake Huron and Lake Erie]; one in the _Illinois Country_, and +one on the _lower_ part of the River Ohio; and in consequence such +idea, a _reference_ was made by his lordship to the Lords Commissioners +for Trade and Plantations, for their opinion upon these proposed _new_ +governments. + +Having plainly explained the cause of the _representation_, which is so +very strongly and earnestly insisted upon by the Lords Commissioners +for Trade and Plantations, as containing "_every argument on the +subject_ of the lands which is at present before your lordships;" we +shall now give our reasons for apprehending, _that it_ is so far from +applying against our case, that it actually declares a permission would +be given to settle the very lands in question. + +Three principal reasons are assigned in the _representation_, "as +conducive to the great object of colonizing upon the continent of North +America, _viz._" + +1st. "Promoting the advantageous fishery carried on upon the _northern +coast_." + +2dly. "Encouraging the growth and culture of naval stores, and of _raw +materials_, to be transported hither, in exchange for perfect +manufactures and other merchandize." + +3dly. "Securing a supply of lumber, provisions, and other necessaries, +for the support of our establishments in the American islands." + +On the first of these reasons, we apprehend, it is not necessary for us +to make many observations; as the provinces of New Jersey, +Pennsylvania, Maryland, and Virginia, and the colonies _southward_ of +them, have _not_, and from the nature of their situation and commerce +will _not_, promote the _fishery_, more, it is conceived, than the +proposed Ohio colony.--These provinces are, however, beneficial to this +kingdom, in the culture and exportation of different articles;--as it +is humbly presumed the Ohio colony _will_ likewise be, if the +production of _staple commodities_ is allowed to be within that +description. + +On the 2d and 3d general reasons of the _Representation_ we shall +observe, that no part of his Majesty's dominions in North America, will +require less _encouragement_ "for the growth and culture of naval +stores and raw materials; and for the supplying the islands with +lumber, provisions," &c. than the solicited colony on the Ohio;--and +for the following reasons: + +First, The lands in question are excellent, the climate temperate, the +native grapes, silk-worms, and mulberry trees, are every where; hemp +grows spontaneously in the valleys and low lands; iron-ore is plenty in +the hills; and no soil is better adapted for the culture of tobacco, +flax, and cotton, than that of the Ohio. + +Second, The country is well watered by several navigable rivers, +communicating with each other; and by which, and a short land-carriage +of _only 40 miles_, the produce of the lands of the Ohio can, even +_now_, be sent _cheaper_ to the sea-port town of Alexandria, on the +river Potomack (where General Braddoc's transports landed his troops) +than any kind of merchandise is at this time sent _from Northampton to +London_. + +Third, The river Ohio is, at _all_ seasons of the year, navigable for +large boats, like the West Country barges, rowed only by four or five +men; and from the month of January to the month of April, large ships +may be built on the Ohio, and sent laden with _hemp_, _iron_, _flax_, +_silk_, &c. to this kingdom. + +Fourth, Flour, corn, beef, ship-plank, and other necessaries, can be +sent down the stream of Ohio to West Florida, and from thence to the +islands, much cheaper, and in better order, than from New York or +Philadelphia. Fifth, Hemp, tobacco, iron, and such bulky articles, can +also be sent _down_ the _stream_ of the Ohio to the sea, at least 50 +per centum cheaper than these articles were ever carried by a land +carriage, of only 60 miles, in Pennsylvania;--where _waggonage_ is +cheaper than in any other part of North America. + +Sixth, The expence of transporting British manufactories from the sea +to the Ohio colony, will _not_ be so much, as is now paid and must ever +be paid, to a great part of the counties of _Pennsylvania_, _Virginia_, +and _Maryland_. + +From this state of facts, we apprehend, it is clear, that the lands in +question are altogether capable, and will advantageously admit, from +their fertility, situation, and the small expence attending the +exporting the produce of them to this kingdom,--"of _conducing_ to the +great object of colonizing upon the continent of North America:"--But +that we may more particularly elucidate this important point, we shall +take the freedom of observing,--That it is _not_ disputed, but even +acknowledged, by the very _Report_ now under consideration,--that the +climate and soil of the Ohio are as favourable, as we have described +them;--and as to the native silk worms,--it is a truth, that _above_ +10,000 weight of cocoons was, in August 1771, sold at the public +filature in Philadelphia;--and that the silk produced from the _native_ +worm is of a good quality, and has been much approved of in this +city.--As to _hemp_, we are ready to make it appear, that it grows, as +we have represented, spontaneously, and of a good texture on the +Ohio,--When, therefore, the _increasing_ dependance of this kingdom +upon _Russia_, for this very article, is considered, and that none has +been exported from the _sea coast American colonies_, as their soil +will not easily produce it,--this dependance must surely be admitted as +a subject of great national consequence, and worthy of the serious +attention of government. Nature has pointed out to us, _where_ any +quantity of hemp can be soon and easily raised, and by that means, not +only a large amount of specie may be retained _yearly_ in this kingdom, +but our own subjects can be employed most advantageously, and paid in +the _manufactures_ of this kingdom. The state of the Russian trade is +briefly thus: + + From the year 1722 to 1731,--250 ships were, on a + medium, sent each year to St. Petersburgh, Narva, Riga, + and Archangel, for _hemp_, 250 Ships. + + And from the year 1762 to 1771,--500 ships were + also sent for that purpose, 500 + ---------- + _Increase_ in ten years, 250 Ships. + +Here then, it is obvious that in the last _ten_ years there was, on a +medium, an increase of 250 ships in the Russian trade. Can it be +consistent with the wisdom and policy of the greatest naval and +commercial nation in the world, to depend wholly on _foreigners_ for +the supply of an article, in which is included the very existence of +her navy and commerce? Surely not; and especially when God has blessed +us with a country yielding _naturally_ the very commodity, which draws +our money from us, and renders us _dependent_ on Russia for it[3].-- + + [3] "It is in settlements on the Mississippi and Ohio that we + must look for _hemp_ and _flax_, which may in those fertile + tracts be cultivated in such abundance, as to enable us to + _undersell_ all the world, as well as supply our own consumption. + It is on those _high_, _dry_, and _healthy_ lands, that vineyards + would be cultivated to the best advantage, as many of those hills + contain quarries of stone, and not in the _low, unhealthy sea + coasts_ of our present colonies. Of such infinite consequence to + Britain is the _production of staples_ in her colonies, that were + all the people of the _Northern_ settlements, and all of the + _tobacco_ ones (except those actually employed in raising + tobacco) now spread over those parts of our territories to the + Southward and _Westward_, and consequently employed in the same + manner as the few are who do reside therein, Britain, in such a + case, would _export_ to the amount of above _nine millions more_ + in manufactures, &c. than she does at present, without reckoning + the infinite _increase in public revenue, freight, and seamen_, + which would accrue. To enlarge upon all the advantages of such a + change, would be _impertinence_ itself." + + _Political Essays concerning the British Empire._ + +As we have only hitherto _generally_ stated the _small_ expence of +carriage between the waters of Potomack and those of the Ohio, we shall +now endeavour to shew how very ill founded the Lords for Trade and +Plantations are, in the fifth paragraph of their _report_, viz. That +the lands in question "_are out of all advantageous intercourse with +this kingdom_." In order however, that a proper opinion may be formed +on this important article, we shall take the liberty of stating the +particular expence of carriage, _even during_ the last _French war_ +(when there was no _back_ carriage from the Ohio to Alexandria) as it +will be found, it was even _then_ only about a _halfpenny per_ pound, +as will appear from the following account, the truth of which we shall +fully ascertain, _viz._ + + From Alexandria to Fort _l._ _s._ _d._ + Cumberland, by water. 0 1 7 _per cwt._ + + From Fort Cumberland to Redstone Creek, at 14 + dollars _per_ waggon load; each waggon carrying + 15 cwt. 0 4 2 + ------------------------- + 0 5 9 + +Note, The distance was _then_ 70 miles, but by a _new_ waggon road, +_lately_ made, it is _now_ but forty miles--a saving of course, of +above one half the 5_s._ 9_d._ is _at present_ experienced. + +If it is considered that this rate of carriage was _in time of war_, +and _when_ there were no inhabitants on the Ohio, we cannot doubt but +every intelligent mind will be satisfied, that it is now much _less_ +than is daily paid in London for the carriage of _coarse woollens_, +_cutlery_, _iron ware_, &c. from several counties in England. + +The following is the cost of carriage from Birmingham, &c. _viz._ + + From Birmingham to London, is 4_s. per_ cwt. + From Walsall in Staffordshire 5_s._ + From Sheffield 8_s._ + From Warrington 7_s._ + +If the lands which are at present under consideration are, as the Lords +Commissioners for Trade and Plantations _say, "out of all advantageous +intercourse with this kingdom_," we are at a loss to conceive by +what standard that Board calculates the rate of "advantageous +intercourse."--If the King's subjects, settled over the Allegany +mountains, and on the Ohio, within the _new_-erected county of Bedford, +in the province of Pennsylvania, are altogether cloathed with British +manufacture, as is the case, is that country "out of all advantageous +intercourse with this kingdom?"--If merchants in London are _now_ +actually shipping British manufactures for the use _of the very +settlers_ on the lands in question, does that exportation come within +the Lords Commissioners description of what is "out of all advantageous +intercourse with this kingdom?" In short, the Lords Commissioners +admit, upon their own principles, that it is a political and +advantageous intercourse with this kingdom, _when_ the settlements and +settlers are confined to the _Eastern_ side of the Allegany mountains. +Shall then the expence of carriage, even of the very coarsest and +heaviest cloths, or other articles, from the _mountains_ to the Ohio, +only about 70 miles, and which will not, at most, _encrease_ the price +of carriage _above a halfpenny a yard_, convert the trade and connexion +with the settlers on the Ohio, into a predicament "that shall be, +as the Lords Commissioners have said, _out_ of all advantageous +intercourse with this kingdom?"--On the whole, "if the poor Indians in +the remote parts of North America are _now_ able to pay for the linens, +woollens, and iron ware, they are furnished with by English traders, +though Indians have nothing but what they get by hunting, and the goods +are loaded with all the impositions fraud and knavery can contrive, to +_inhance_ their value; will not industrious English farmers," employed +in the culture of hemp, flax, silk, &c. "be able to pay for what shall +be brought to them in the fair way of commerce;" and especially when it +is remembered, that there is _no_ other _allowable_ market for the sale +of these articles than in this kingdom?--And if "the growths of _the_ +country find their way out of it, will not the manufactures of this +kingdom, _where_ the hemp, &c. must be sent to, find their way into +it?" + +Whether Nova Scotia, and East and West Florida have yielded advantages +and returns equal to the enormous sums expended in founding and +supporting them, or even advantages, such as the Lords Commissioners +for Trade and Plantations, in their _representation_ of 1768, seemed to +expect, it is not our business to investigate:--it is, we presume, +sufficient for us to mention, that those "many principal persons in +Pennsylvania," as is observed in the _representation_, "whose names and +association lie before your Majesty in Council, for the purpose of +making settlements in Nova Scotia," have, several years since, been +convinced of the impracticability of exciting settlers to move from the +_middle colonies_, and settle in that province; and even of those who +were prevailed on to go to Nova Scotia, the greater part of them +returned with great complaints against the severity and length of the +Winters. + +As to East and West Florida, it is, we are persuaded, morally +impossible to _force_ the people of the _middle_ provinces, between 37 +and 40 degrees North latitude (where there is plenty of vacant land in +their own temperate climate) to remove to the scorching, unwholesome +heats of these provinces[4]. The inhabitants of Montpelier might as +soon and as easily be persuaded to remove to the Northern parts of +Russia, or to Senegal.--In short, it is contending with Nature, and the +experience of all ages, to attempt to compel a people, _born_ and +_living in a temperate climate_, and in the neighbourhood of a rich, +healthful, and uncultivated country, to travel several hundred miles to +a _sea port_ in order to make a _voyage to sea_; and settle either in +extreme hot or cold latitudes. If the county of York was vacant and +uncultivated, and the more _Southern_ inhabitants of this island were +in want of land, would they suffer themselves to be driven to the +_North of Scotland_?--Would they not, in spite of all opposition, +_first_ possess themselves of that fertile country?--Thus much we have +thought necessary to remark, in respect to the general principles laid +down in the _representation_ of 1768; and we hope we have shewn, that +the arguments _therein_ made use of, do _not_ in any degree militate +against the subject in question; but that they were intended, and do +solely apply to "new colonies proposed to be established," as the +_representation_ says, "_at an expence to this kingdom_," at the +distance of "above 1500 miles from the sea, which from their inability +to find returns, _wherewith_ to pay for the manufactures of Great +Britain, will be probably led to manufacture for themselves, _as they +would_," continues the _representation_, "be separated from the _old_ +colonies by immense tracts of unpeopled desart."-- + + [4] "We think of nothing but extending our settlements still + further on these _pestiferous sea coasts_, even to the sunken + lagunes of _East Florida_, and the barren sands of _Mobile_ and + _Pensacola_. The only use of _new settlements in North America_, + is for the people in the _Northern_ and other colonies, who want + lands _to make staple commodities_ for _Britain_, to _remove to + them: but none will ever go to Florida, or thrive in it, more + than_ they have done in _Carolina_ and _Georgia_. The climate of + _Florida_ is _more_ intemperate, the lands _more_ barren, and the + situation _much worse_ in every respect." + + _State of Great Britain and America, by Dr._ Mitchel. + +It now only remains for us to enquire, whether it was the intention of +the Lords Commissioners for Trade and Plantations in 1768, that the +territory, which would be included within the _boundary line_, then +negociating with the Indians (and which was the _one_ that was _that +year_ perfected) should continue a useless wilderness, or be settled +and occupied by his Majesty's subjects.--The very _representation_ +itself, which the present Lords Commissioners for Trade and Plantations +say, contains "_every argument on the subject_," furnishes us an ample +and satisfactory solution to this important question.--The Lord +Commissioners in 1768, after pronouncing their opinion _against_ the +_proposed three new governments_, as above stated, declare, "They ought +to be carefully guarded against, by encouraging the settlement of that +extensive tract of sea coast hitherto unoccupied; which, say their +Lordships, _together with the liberty, that the inhabitants_ OF THE +_middle colonies_ WILL HAVE (in consequence of the proposed _boundary +line_ with the Indians) _of gradually extending themselves backwards_, +will _more effectually_ and _beneficially answer_ the object of +_encouraging population_ and _consumption_, than the erection of new +governments; such gradual extension might, through the medium of a +continual population, upon even the same extent of territory, +_preserve_ a communication of mutual commercial benefits between its +extremest parts and Great Britain, _impossible to exist in colonies +separated by immense tracts of unpeopled desart_."--Can any opinion be +more clear and conclusive, in _favour_ of the proposition which we have +humbly submitted to his Majesty?--for their Lordships positively say, +that the inhabitants of the middle colonies _will have liberty of +gradually extending themselves backwards_;--but is it not very +extraordinary, that after near _two years_ deliberation, the present +Lords Commissioners for Trade and Plantations should make a _report_ to +the Lords of the Committee of the Privy Council, and therein expressly +refer to that opinion of 1768, in which, they say, "_every argument on +the subject is collected together with great force and precision_," and +yet that, almost in the same breath, their Lordships "should contravene +that very opinion, and advise his Majesty _to check the progress of +their settlements_?"--And that "settlements in _that distant part_ of +the country ought to be _discouraged_ as much as possible, and another +proclamation should be issued declaratory of his Majesty's resolution, +_not_ to allow, _for the present_, any new settlement beyond the +line;"--to wit, beyond the Allegany mountains?--How strange and +contradictory is this conduct?--But we forbear any strictures upon +it;--and shall conclude our remarks on this head, by stating the +opinion, at different times, of the Lords Commissioners for Trade and +Plantations, on this subject. + +In 1748, their Lordships expressed the strongest desire to promote +settlements _over_ the mountains and on the Ohio.-- + +In 1768--The then Lords Commissioners for Trade and Plantations +declared, (in consequence of the boundary line at that time +negociating)--That the inhabitants of the _middle colonies_ would _have +liberty of gradually extending themselves backwards_. + +In 1770--The Earl of Hillsborough actually _recommended_ the purchase +of a tract of land _over_ the mountains, sufficient for a new colony, +and then went down to the Lords Commissioners of the Treasury, to know, +whether their Lordships would treat with Mr. Walpole and his +associates, for such purchase. + +In 1772--The Earl of Hillsborough, and the other Lords Commissioners +for Trade and Plantations, made a _report_ on the petition of Mr. +Walpole and his associates, and referred to the _representation_ of the +Board of Trade in 1768, "as containing _every argument_ on the +_subject, collected together with force and precision_;"--which +_representation_ declared, as we have shewn, "_That the inhabitants of +the middle colonies_ WILL _have liberty to extend backwards_," on the +identical lands in question; and yet, notwithstanding such _reference_, +so strongly made from the present Board of Trade to the opinion of that +Board,--the Earl of Hillsborough, and the other Lords Commissioners for +Trade and Plantations, have _now_, in direct terms, _reported against_ +the absolute engagement and opinion of the Board in 1768. + +It may be asked, What was intended by the expressions in the +_representation_ of 1768, of _gradually extending themselves +backwards_? It is answered, They were only in contradistinction to the +proposal of erecting at that time _three new governments at Detroit_, +&c. and thereby exciting, as the _representation_ says, the stream of +population to _various_ distant places.--In short, it was, we think, +beyond all doubt, the "_precise_" opinion of the Lords Commissioners in +1768, That the territory, within the boundary line, then negociating, +and since completed, would be sufficient at that time--to answer the +object of population and consumption; and that, until that territory +was fully occupied,--it was not necessary to erect the proposed _three +new governments_ "_at an expence to this kingdom_," in places, as their +Lordships observed, "separated by immense tracts of unpeopled +desart."-- + +To conclude our observations on the 6th paragraph, we would just +remark,--That we presume we have demonstrated, that the inhabitants of +the Middle Colonies _cannot_ be compelled to _exchange_ the soil and +climate of these colonies, either for the severe colds of Nova Scotia +and Canada, or the unwholesome heats of East and West Florida. Let us +next enquire, what would be the effect of _confining_ these inhabitants +(if it was practicable) within narrow bounds, and thereby preventing +them from exercising their natural inclination of cultivating +lands?--and whether such restriction would not force them into +_manufactures_, to rival the Mother Country?--To these questions, the +Lords Commissioners have, with much candour, replied in their +representation of 1768,--We "admit," said their Lordships, "as an +undeniable principle of _true policy_, that, with a view to _prevent +manufactures_, it is necessary and proper _to open_ an extent of +territory for colonization, _proportioned_ to an _increase_ of people, +as a large number of inhabitants cooped up in narrow limits, without a +sufficiency of land _for produce_, would be compelled to _convert_ +their attention and industry to _manufactures_."--But their Lordships +at the same time observed,--"That the _encouragement_ given to the +settlement of the Colonies upon the sea coast, and the effect which +such encouragement has had, has already _effectually_ provided for this +object."--In what parts of North America this _encouragement_ has thus +_provided_ for _population_, their Lordships have not mentioned. If +the establishment of the governments of Quebeck, Nova Scotia, and the +Island of St. John's, or East and West Florida, was intended by their +Lordships as that effectual provision,--we shall presume to deny the +proposition, by asserting, as an undoubted truth,--that although there +is at least a _million_ of subjects in the Middle Colonies, none have +emigrated from thence, and settled in these _new_ provinces;--and +for that reason, and from the very nature of colonization itself, we +affirm that none _will ever_ be induced _to exchange_ the healthy, +temperate climate of Virginia, Maryland, and Pennsylvania, for the +extreme colds or heats of Canada and Nova Scotia, or East and West +Florida:--In short, it is not in the power of Government to give any +encouragement, that can compensate for a desertion of friends and +neighbours,--dissolution of family connexions, and abandoning a soil +and climate infinitely superior to those of Canada, Nova Scotia, or +the Floridas.--Will not therefore the inhabitants of the middle +provinces, whose population is great beyond example[5], and who have +already made some advances in manufactures, "by confining them to +their present narrow limits," be necessarily compelled to convert +their whole attention to that object? How then shall this, in the +nature of things, be prevented, except, as the Lords Commissioners +have justly remarked, "by opening an extent of territory proportioned +_to their increase_?"--But _where_ shall a territory be found proper +for "the _colonization_ of the inhabitants of the Middle Colonies?" +We answer,--in the very country, which the Lords Commissioners have +aid that the inhabitants of these colonies would have liberty to +settle in;--a country which his Majesty has purchased from the Six +Nations;--one, _where_ several thousands of his subjects are already +settled;--and one, _where_ the Lords Commissioners have acknowledged, +"a gradual extension might through the medium of a continued +population, upon even the same extent of territory, _preserve a +communication_ of mutual commercial benefits _between_ its _extremest +parts_ and Great Britain."[6] + + [5] "Besides _staple_ commodities, there is another more material + point to be considered in the colonies, which is their great and + daily _increase_; and for which, unless we make provision in + time, they can never subsist by a _dependance on Britain_. There + are at present (in the year 1770) nigh _three_ millions of people + in them, who may, in twenty or thirty years, _increase_ to _six_ + millions, as many as there are in England." + + _Wynne's History of the British Empire in America, vol. ii. page + 398._ + + [6] Thus the use the nation has for new settlements and + acquisitions in North America is for the great increase of the + people who are already there, and to enable them to subsist _by a + dependance upon her_; which they can never do, _unless they + extend their settlements_. + + _Wynne's History, vol. ii. p. 399._ + + "Unprejudiced men well know, that all the penal and prohibitory + laws that ever were thought of, will not be sufficient to + _prevent manufactures_ in a country whose inhabitants surpass the + number that can subsist by the by the husbandry of it; and this + will be the case _soon_, if our people remain confined within the + mountains," _&c._ + + _The Interest of Great Britain considered with regard to the + Colonies, page 17. Published in 1767._ + +VII. This paragraph is introduced, by referring to the extract of a +letter from the Commander in chief of his Majesty's forces in North +America, laid by the Earl of Hillsborough before the Lords +Commissioners for Trade and Plantations;--but as their Lordships have +_not_ mentioned either the general's name, or the time _when_ the +letter was written, or what occasioned his delivering his opinion upon +the subject of _colonization in general_, in the "_remote countries_"--we +can only conjecture, that General Gage was the writer of the letter, +and that it was wrote about the year 1768,--_when_, the plan of the +_three new governments_ was under the consideration of the then Lords +Commissioners for Trade and Plantations, and _before_ the lands on the +Ohio were bought from, and the boundary line established with the Six +Nations.--Indeed, we think it clear, That the General had _no_ other +lands, at that time, under his consideration, than what he calls +"_remote countries_," such as the _Detroit_, _Illinois_, and the +_lower_ parts of the Ohio;--for he speaks of "_foreign countries_," +from which it "would be _too far_ to transport some kind of naval +stores," and for the same reason could _not_, he says, supply the sugar +islands "_with_ lumber and provisions." He mentions also, planting +colonies at _so vast a distance_, that the _very long transportation_ +[of silk, wine, &c.] must probably make them too dear for any market," +and _where_ "the inhabitants could _not_ have _any commodities_ to +barter for manufactures, except _skins and furs_." And what, in our +opinion, fully evinces that the general was giving his sentiments upon +settlements at _Detroit_, &c. and _not_ on the territory in question, +is, that he says "it will be a question likewise, whether colonization +of this kind, _could be effected without an Indian war, and fighting +for every inch of the ground_." Why the Lords Commissioners for Trade +and Plantations should encumber their _report_ with the opinion of +General Gage, on what he calls the settlement of a "_foreign country_" +that could not be effected without "_fighting for every inch of +ground_," and how their Lordships could apply that case, to the +settlement of a territory, purchased by his Majesty near four years +ago, and _now_ inhabited by several thousand British subjects, whom the +Indians themselves, living on the Northern side of the Ohio [as shall +be fully shewn in the course of these observations] have earnestly +requested may be immediately governed, we confess we are wholly at a +loss to comprehend. + +VIII. The eighth paragraph highly extols, not only the _accuracy and +precision_ of the foregoing representation of the Lords of Trade in +1768, [which, as has been before observed, expressed, that the +inhabitants of the middle colonies _would have liberty to settle over_ +the mountains, and on the Ohio], but also the above mentioned letter +from the commander in chief in America; and at the same time introduces +the sentiments of Mr. Wright, Governor of Georgia, "on the subject of +large grants in the interior parts of America." + +When this letter was written, what was the occasion of the Governor's +writing it,--whether he was _then_, from his own knowledge, acquainted +with the situation of the country _over_ the mountains,--with the +disposition of the inhabitants of the middle colonies,--with the +capability of the Ohio country, from its soil, climate, or +communication with the river Powtomack, &c. to supply this kingdom with +_silk_, _flax_, _hemp_, &c.--and whether the principal part of Mr. +Wright's estate is on the _sea-coast_ in _Georgia_,--are facts which we +wish had been stated, that it might be known whether Governor Wright's +"knowledge and experience in the affairs of colonies ought, as the +Lords of Trade mention, to give great weight to his opinion" on the +present occasion. + +The doctrine insisted on by Governor Wright appears to us reducible to +the following propositions: + +1st, That if a _vast_ territory be granted to any set of Gentlemen, who +really mean to people it,--and actually do so, _it must_ draw and carry +out a great number of people from _Great Britain_. + +2d. That they will soon become a kind of separate and independant +people; who will set up for themselves,--will _soon_ have manufactures +of their own,--will _neither_ take supplies from the mother country, +nor the provinces at _the back_ of which they are settled:--That being +at such a distance from the seat of _government_, from _courts_, +_magistrates_, &c. and _out_ of the control of law and government, they +will become a receptacle for offenders, &c. + +3d. That the sea-coast should be _thick_ settled with inhabitants, and +be well cultivated and improved, &c. + +4th. That his ideas are _not_ chimerical; that he knows _something_ of +the situation and state of things in America; and, from some _little_ +occurrences that have happened, he can very easily _figure_ to himself +_what may_, and, in short, _what will_ certainly happen, if not +prevented in time. + +On these propositions we shall take the liberty of making a few +observations. + +To the _first_ we answer,--We shall, we are persuaded, satisfactorily +prove, that in the middle colonies, _viz._ New Jersey, Pennsylvania, +Maryland, and Virginia, there is hardly any _vacant land_, except such +as is monopolized by great landholders, for the purpose of selling _at +high prices_;--that the poor people of these colonies, with large +families of children, _cannot_ pay these prices;--and that several +thousand families, for that reason, have _already_ settled upon the +Ohio;--that we do not wish for, and shall not encourage one single +family of his Majesty's _European subjects_ to _settle_ there [and this +we have no objection to be prevented from doing], but shall _wholly_ +rely on the voluntary super-flux of the inhabitants of the middle +provinces for settling and cultivating the lands in question. + +On the _second_,--It is not, we presume, necessary for us to say more, +than that all the conjectures and suppositions "of being a kind of +separate and independant people," &c. entirely lose their force, on the +proposition of a government being established on the grant applied for, +as the Lords of Trade have themselves acknowledged. + +On the _third_,--We would only briefly remark, that we have fully +answered this objection in the latter part of our answer to the sixth +paragraph. + +And as the _fourth_ proposition is merely the Governor's declaration of +his _knowledge_ of _something_ of the situation and state of things in +America, and what, from some _little_ occurrences, that have already +really happened, he can very easily _figure_ to himself what may and +_will_ certainly happen, if not prevented in time:--We say, that as the +Governor has not mentioned what these _little_ occurrences are,--we +cannot pretend to judge, whether what he _figures_ to himself, is any +ways relative to the object under consideration, or, indeed, what else +it is relative to. + +But as the Lords Commissioners for Trade and Plantations have thought +proper to insert in their _Report_ the above-mentioned letters from +General Gage and Governor Wright, it may not be improper for us to give +the opinion of his Majesty's house of burgesses of the dominion of +Virginia, on the _very point_ in question, as conveyed to his Majesty +in their address of the 4th of August 1767, and delivered the latter +end of that year, to the Lords Commissioners for Trade and Plantations, +by Mr. Montague, agent for the colony.--The house of burgesses +say,--"We humbly hope, that we shall obtain your royal indulgence, +_when we give it as our opinions_, that it will be _for your Majesty's +service, and the interest of your American dominions in general, to +continue the encouragements_" (which were a _total exemption from any +consideration-money whatsoever, and a remission of quit-rent for ten +years, and of all kinds of taxes for fifteen years_) "for _settling +those frontier lands_." By this means the house observed, "_New_ +settlements will be made _by people of property, obedient subjects to +government_; but if the present restriction should continue, we have +the strongest reason to believe, _that country will become the resort +of fugitives and vagabonds, defiers of law and order, and who in time +may form a body dangerous to the peace and civil government of this +colony_." + +We come now to the consideration of the 9th, 10th, and 11th paragraphs. + +In the 9th, the Lords Commissioners for Trade and Plantations observe, +"That admitting the settlers over the mountains, and on the Ohio, to be +as numerous as _report_ states them to be," [and which we shall from +undoubted testimony, prove to be not less than five thousand families, +of at least six persons to a family, independent of some thousand +families, which are also settled _over_ the mountains, within the +limits of the province of Pennsylvania] yet their Lordships say, "It +operates strongly in point of argument _against_ what is proposed." And +their Lordships add, "if the foregoing reasoning has any weight, it +ought certainly to induce the Lords of the Committee of the Privy +Council, to _advise_ his Majesty to take every method _to_ CHECK the +progress of these settlements; and _not_ to make such grants of the +land, as will have an immediate tendency to encourage them." + +Having, we presume, clearly shewn, that the country _southward_ of the +Great Kenhawa, quite to the Cherokee river, belonged to the Six +Nations, and _not_ to the Cherokees;--that _now_ it belongs to the +king, in virtue of his Majesty's purchase from the Six Nations;--that +neither these tribes, _nor_ the Cherokees, do hunt between the Great +Kenhawa and the land opposite the Sioto River;--that, by the present +boundary line, the Lords Commissioners for Trade and Plantations would +sacrifice to the _Cherokees_ an extent of Country of at least 800 miles +in length--which his Majesty has bought and paid for; that the real +limits of Virginia do _not_ extend westward, beyond the Allegany +mountains;--that since the purchase of the country from the Six +Nations, his Majesty has not annexed it, or any part of it, to the +colony of Virginia;--that there are no settlements made under _legal +titles_, on any part of the lands we have agreed for, with the Lords +Commissioners of the Treasury;--that in the year 1748, the strongest +marks of royal encouragement were given to settle the country _over_ +the mountains; that the _suspension_ of this encouragement, by the +proclamation of October 1763, was merely _temporary_, untill the lands +were purchased from the natives;--that the avidity to settle these +lands was so great, that large settlements were made thereon, _before +they were purchased_;--that although the settlers were daily exposed +to the cruelties of the savages, neither a military force, nor +repeated proclamations could induce them to vacate these lands;--that +the soil of the country _over_ the mountains is excellent, and capable +of easily producing _hemp_, _flax_, _silk_, _tobacco_, _iron_, _wine_, +&c.;--that these articles can be cheaply conveyed to a seaport for +exportation;--that the charge of carriage is so very small, it cannot +possibly operate to the prevention of the use of British manufactures; +that the king's purchasing the lands from the Indians, and fixing a +_boundary line_ with them, was for the very purpose of his subjects +settling them; and that the Commissioners for Trade and Plantations in +1768,--declared, That the _inhabitants of the middle colonies_ would +have liberty for that purpose.-- + +And to this train of facts,--let us add,--that the congress, held with +the Six Nations at Fort Stanwix in 1768,--_when_ his Majesty purchased +the territory on the Ohio, Messrs. Penn also bought from these nations +a very extensive tract of country _over_ the Allegany mountains and on +that river (_joining_ the very lands in question).--That in the spring +1769, Messrs. Penn opened their _land-office_ in Pennsylvania, for the +_settling the country_ which they had so bought at Fort Stanwix: and +all such settlers as had seated themselves _over the mountains_, within +the limits of Pennsylvania, _before_ the lands were purchased from the +natives, have _since_ obtained titles for their plantations:--That in +1771, a petition was presented to the assembly of the province of +Pennsylvania, praying that a _new_ county may be made _over_ these +mountains:--That the legislature of that province, in consideration of +the great number of families settled _there_, within the limits of that +province, did that year enact a law, for the _erection_ of the lands +_over the mountains into a_ new county, by the name of _Bedford +County_: That in consequence of such law, William Thompson, Esq. was +chosen to represent it in the General Assembly: That a sheriff, +coroner, justices of the peace, constables, and other civil officers +are appointed and do reside _over_ the mountains: That all the king's +subjects, who are not less than five thousand families, who have made +locations and settlements on the lands, _southward_ of, and adjoining +to the _southern_ line of Pennsylvania, live _there_, without any +degree of order, law, or government: That being in this lawless +situation, continual quarrels prevail among them: That they have +already infringed the _boundary line_, killed several Indians, and +encroached on the lands, on the opposite side of the Ohio; and that +disorders of the most dangerous nature, with respect to the Indians, +the _boundary-line_ and the _old colonies_, will soon take place among +these settlers, if law and subordination are not immediately +established among them.--Can these facts be possibly perverted so as to +operate, either in point of argument or policy, _against_ the +proposition of governing the king's subjects on the lands in question? + +It ought to be considered also, that we have agreed to pay as much for +a small _part_ of the cession made at Fort Stanwix, as the _whole_ +cession cost the crown, and at the same time be at the entire expence +of establishing and supporting the proposed new colony[7]. + + [7] The parliamentary grants for the civil establishment of the + provinces of Nova Scotia, Georgia, and East and West Florida, + amount to _one million twelve thousand eight hundred and + thirty-one pounds two shillings and eight-pence half-penny_, as + the following account shews;--and notwithstanding this vast + expence, the king has _not_ received any quit-rents from these + provinces. How different is the present proposition, for the + establishment of the Ohio colony?--In this case, the crown is to + be paid for the lands, (and which is the first instance of _any_ + being sold in North America). Government is to be _exempted_ from + the _expence_ of supporting the colony, and the king will receive + his quit-rents, _neat and clear_ of all deductions, (which + deductions in the _old_ colonies are at least 20 per centum) as + will more particularly appear by a _state_ of the king's + quit-rents annexed hereto. + + The parliamentary grants above-mentioned are as follow: + + To Nova Scotia L. 707,320 19 7-1/4 + To Georgia 214,610 3 1-1/4 + To East Florida 45,400 0 0 + To West Florida 45,400 0 0 + +The truth is, the inhabitants settled on this tract of country are in +so ungoverned and lawless a situation, that the very Indians themselves +complain of it; so that, if they are _not_ soon governed, an Indian war +will be the inevitable consequence. This, we presume, is evident both +from the correspondence of general Gage with the Earl of +Hillsborough;--and a speech of the chiefs of the _Delawares_, +_Munsies_, and _Mohickons_, living on the Ohio, to the governors of +Pennsylvania, Maryland, and Virginia; lately transmitted by the general +to his lordship. + +In this speech these nations observe, that since the sale of the lands +to the king on the Ohio,--"_Great numbers more of your people_ have +come _over_ the great mountains and settled throughout this country, +and we are sorry to tell you, that several quarrels have happened +between your people and ours, _in which people have been killed on both +sides_, and that we now see the nations round us and your people _ready +to embroil in a quarrel_, which gives our nations great concern, as we, +on _our_ parts, want to live in friendship with you. As you have always +told us, _you have laws_ to govern your people by,--but we do not see +that you have; therefore, brethren, _unless you can fall upon some +method of governing your people, who live between the great mountains +and the Ohio river, and who are very numerous_, it will be out of the +Indians' power _to govern_ their young men; for we assure you, the +black clouds begin to gather fast in this country, and _if something is +not soon done_, these clouds will deprive us of seeing the sun. We +desire you to _give the greatest attention_ to what we now tell you; +_as it comes from our hearts_, and a desire we have to live in peace +and friendship with our brethren the English, and therefore it grieves +us to see some of the nations about us and your people _ready to strike +each other_. We find your people are very fond of our rich land;--we +see them quarrelling with each other every day about land, and burning +one another's houses, so that we do not know how soon _they may come +over the river Ohio_, and drive us from our villages; _nor do we see +you, brothers, take any care to stop them_." + +This speech, from tribes of such great influence and weight upon the +Ohio, conveys much useful information--It establishes the fact of the +settlers _over_ the mountains being _very numerous_--It shews the +entire approbation of the Indians, in respect to a colony being +established on the Ohio--It pathetically complains of the King's +subjects _not_ being governed, and it confirms the assertion mentioned +by the Lords Commissioners for Trade and Plantations in the eighth +paragraph of their report, "That if the settlers are suffered to +continue in the lawless state of anarchy and confusion, they will +commit such abuses as cannot fail of involving us in quarrels and +disputes with the Indians, _and thereby endanger the security of his +majesty's colonies_." + +The Lords Commissioners for Trade and Plantations however pay no regard +to all these circumstances, but content themselves with observing, "We +see nothing to hinder the government of Virginia from extending the +laws and constitution of that colony to _such persons as may have +already settled there under legal titles_." To this we _repeat_, that +there are _no such_ persons, as have settled _under legal titles_, and +even admitting there were, as their Lordships say in the 10th +paragraph, "it _appears to them_, there are _some possessions_ derived +from grants made by the Governor and Council of Virginia;" and allowing +that the laws and constitution of Virginia _did_, as they +unquestionably _do not_,--_extend_ to this territory, have the Lords +Commissioners proposed any expedient for governing those many thousand +families, who have _not_ settled _under legal titles_, but only +agreeably to the ancient _usage of location_?--Certainly not.--But, on +the contrary, their Lordships have recommended, that his Majesty should +be advised to take every method _to check_ the progress of their +settlements;--and thereby leave them in their present lawless +situation, at the risk of involving the Middle Colonies in a war with +the natives, pregnant with a loss of commerce, and depopulation of +their frontier counties. + +Having made these observations, it may next be proper to consider _how_ +the laws and constitution of Virginia can possibly be _extended_, so as +effectually to operate on the territory in question? Is not +Williamsburgh, the capital of Virginia, at leaft 400 miles from the +settlements on the Ohio?--Do _not_ the laws of Virginia require, that +all persons guilty of capital crimes _shall_ be tried _only_ in +Williamsburgh?--Is not the General Assembly held there?--Is not the +Court of King's-Bench, or the superior Court of the dominion, kept +there?--Has Virginia provided any fund for the support of the officers +of these _distant_ settlements, or for the transporting offenders, and +paying the expence of witnesses travelling 800 miles (_viz._ going and +returning), and during their stay at Williamsburgh?--And will not these +settlers be exactly (for the reasons assigned) in the situation, +described by Governor Wright in the very letter which the Commissioners +for Trade and Plantations have so warmly recommended, viz. "such +persons as are settled at the _back_ of the provinces, being at a +_distance_ from the _seat_ of _Government_, Courts, Magistrates, &c. +they will be _out_ of the _reach_ and controul of law and government, +and their settlement will become a receptacle, and kind of asylum for +offenders?" + +On the 11th paragraph we apprehend it is not necessary to say +much.--The reservatory clause proposed in our Memorial is what is usual +in royal grants; and in the present case, the Lords of the Committee of +the Privy Council, we hope, will be of opinion, it is quite sufficient, +more especially as we are able to prove to their Lordships, that there +are no "possessions," within the boundaries of the lands under +consideration, which are held "_under legal titles_." + +To conclude: As it has been demonstrated, that neither royal nor +provincial proclamations,--nor the dread and horrors of a savage +war,--were sufficient (even _before_ the country was purchased from +the Indians) to prevent the settlement of the lands _over_ the +mountains--can it be conceived, that, _now_ the country is purchased, +and the people have seen the proprietors of Pennsylvania, who are the +hereditary supporters of _British policy_ in their own province, give +every degree of encouragement to _settle_ the lands _Westward_ of the +mountains,--the legislature of the province, at the same time, +effectually corroborate the measure, and several thousand families, in +consequence thereof, settle in the _new county_ of Bedford,--that the +inhabitants of the Middle Colonies will _be restrained_ from +cultivating the luxuriant country of the Ohio, joining to the +_Southern_ line of Pennsylvania? But, even admitting that it might +formerly have been a question of some propriety, whether the country +should be permitted to be settled,--that cannot surely become a subject +of enquiry now, when it is an obvious and certain truth, that _at least +thirty thousand British subjects are already settled there_.--Is it fit +to leave such a body of people _lawless and ungoverned_?--will sound +policy recommend this manner of colonizing and encreasing the wealth, +strength, and commerce of the empire? or will it not point out, that it +is the indispensible duty of government to render _bad_ subjects +_useful_ subjects; and for that purpose _immediately_ to establish law +and subordination among them, and thereby _early_ confirm _their_ +native attachment to the laws, traffic, and customs of this kingdom? + +On the whole, we presume that we have, both by facts and sound +argument, shewn, that the opinion of the Lords Commissioners for Trade +and Plantations on the object in question, is _not_ well founded, and +that, if their Lordships opinion should be adopted, it would be +attended with the most mischievous and dangerous consequences to the +commerce, peace, and safety of his Majesty's colonies in America: + +We therefore hope, the expediency and utility of erecting the lands +agreed for into a separate colony, without delay, will be considered as +a measure of the soundest policy, highly conducive to the peace and +security of the old colonies, to the preservation of the _boundary +line_, and to the commercial interests of the Mother Country. + + + + +APPENDIX, No. I. + + +By the KING. + +A PROCLAMATION. + +GEORGE R. + +Whereas we have taken into our royal consideration the extensive and +valuable acquisitions in America, secured to our crown by the late +definitive treaty of peace concluded at Paris the 10th day of February +last; and being desirous that all our loving subjects, as well of our +kingdoms as of our colonies in America, may avail themselves, with all +convenient speed, of the great benefits and advantages which must +accrue therefrom to their commerce, manufactures, and navigation; we +have thought fit, with the advice of our privy council, to issue this +our royal proclamation, hereby to publish and declare to all our loving +subjects, that we have, with the advice of our said privy council, +granted our letters patent under our great seal of Great Britain, to +erect within the countries and islands, ceded and confirmed to us by +the said treaty, four distinct and separate governments, stiled and +called by the names of Quebec, East Florida, West Florida, and Grenada, +and limited and bounded as follows, viz. + +First, The government of Quebec, bounded on the Labrador coast by the +river St. John, and from thence by a line drawn from the head of that +river, through the lake St. John, to the South end of the lake +Nipissim; from whence the said line, crossing the river St. Lawrence +and the lake Champlain in 45 degrees of North latitude, passes along +the High Lands, which divide the rivers that empty themselves into the +said river St. Lawrence, from those which fall into the sea; and also +along the North coast of the Baye des Chaleurs, and the coast of the +Gulph of St. Lawrence to Cape Rosieres, and from thence crossing the +mouth of the river St. Lawrence by the West end of the island of +Anticosti, terminates at the aforesaid river St. John. + +Secondly, The government of East Florida, bounded to the Westward by +the Gulph of Mexico and the Apalachicola river; to the Northward, by a +line drawn from that part of the said river where the Catahouchee and +Flint rivers meet, to the source of St. Mary's river, and by the course +of the said river to the Atlantic Ocean; and to the East and South by +the Atlantic Ocean and the Gulph of Florida, including all islands +within six leagues of the sea coast. + +Thirdly, The government of West Florida, bounded to the Southward by +the Gulph of Mexico, including all islands within six leagues of the +coast from the river Apalachicola to lake Pontchartrain; to the +Westward by the said lake, the lake Maurepas, and the river +Mississippi; to the Northward, by a line drawn due East from that part +of the Mississippi which lies in thirty-one degrees North latitude, to +the river Apalachicola, or Catahouchee; and to the Eastward by the said +river. + +Fourthly, The government of Grenada, comprehending the island of that +name, together with the Grenadines, and the islands of Dominico, St. +Vincent, and Tobago. + +And to the end that the open and free fishery of our subjects may be +extended to, and carried on upon the coast of Labrador and the adjacent +islands, we have thought fit, with the advice of our said privy +council, to put all that coast, from the river St. John's to Hudson's +Streights, together with the islands of Anticosti and Madelaine, and +all other smaller islands lying upon the said coast, under the care and +inspection of our governor of Newfoundland. + +We have also, with the advice of our privy council, thought fit to +annex the islands of St. John and Cape Breton, or Isle Royale, with the +lesser islands adjacent thereto, to our government of Nova Scotia. + +We have also, with the advice of our privy council aforesaid, annexed +to our province of Georgia, all the lands lying between the rivers +Attamaha and St. Mary's. + +And whereas it will greatly contribute to the speedy settling our said +new governments, that our loving subjects should be informed of our +paternal care for the security of the liberty and properties of those +who are, and shall become inhabitants thereof; we have thought fit to +publish and declare, by this our proclamation, that we have, in the +letters patent under our great seal of Great Britain, by which the said +governments are constituted, given express power and direction to our +governors of our said colonies respectively, that so soon as the state +and circumstances of the said colonies will admit thereof, they shall, +with the advice and consent of the members of our council, summon and +call general assemblies within the said governments respectively, in +such manner and form as is used and directed in those colonies and +provinces in America, which are under our immediate government; and we +have also given power to the said governors, with the consent of our +said councils, and the representatives of the people, so to be summoned +as aforesaid, to make, constitute, and ordain laws, statutes, and +ordinances for the public peace, welfare, and good government of our +said colonies, and of the people and inhabitants thereof, as near as +may be, agreeable to the laws of England, and under such regulations +and restrictions as are used in other colonies; and in the mean time, +and until such assemblies can be called as aforesaid, all persons +inhabiting in, or resorting to, our said colonies, may confide in our +royal protection for the enjoyment of the benefit of the laws of our +realm of England: for which purpose we have given power under our great +seal to the governors of our said colonies respectively, to erect and +constitute, with the advice of our said councils respectively, courts +of judicature and public justice within our said colonies, for the +hearing and determining all causes, as well criminal as civil, +according to law and equity, and, as near as may be, agreeable to the +laws of England, with liberty to all persons who may think themselves +aggrieved by the sentence of such courts, in all civil cases, to +appeal, under the usual limitations and restrictions, to us, in our +privy council. + +We have also thought fit, with the advice of our privy council as +aforesaid, to give unto the governors and councils of our said three +new colonies upon the continent, full power and authority to settle and +agree with the inhabitants of our said new colonies, or to any other +person who shall resort thereto, for such lands, tenements, and +hereditaments, as are now, or hereafter shall be, in our power to +dispose of, and them to grant to any such person or persons, upon such +terms, and under such moderate quit-rents, services, and +acknowledgments, as have been appointed and settled in other colonies, +and under such other conditions as shall appear to us to be necessary +and expedient for the advantage of the grantees, and the improvement +and settlement of our said colonies. + +And whereas we are desirous, upon all occasions, to testify our royal +sense and approbation of the conduct and bravery of the officers and +soldiers of our armies, and to reward the same, we do hereby command +and impower our governors of our said three new colonies, and other our +governors of our several provinces on the continent of North America, +to grant, without fee or reward, to such reduced officers as have +served in North America during the late war, and are actually residing +there, and shall personally apply for the same, the following +quantities of land, subject, at the expiration of ten years, to the +same quit-rents as other lands are subject to in the province within +which they are granted, as also subject to the same conditions of +cultivation and improvement, viz. + +To every person having the rank of a field officer, 5000 acres. + +To every captain, 3000 acres. + +To every subaltern or staff officer, 2000 acres. + +To every non-commission officer, 200 acres. + +To every private man, 50 acres. + +We do likewise authorise and require the governors and commanders in +chief of all our said colonies upon the continent of North America to +grant the like quantities of land, and upon the same conditions, to +such reduced officers of our navy of like rank, as served on board our +ships of war in North America at the times of the reduction of +Louisbourg and Quebec in the late war, and who shall personally apply +to our respective governors for such grants. + +And whereas it is _just_ and _reasonable_, and _essential to our +interest_, and the security of our colonies, that the several nations +or tribes of Indians, with whom we are connected, and who live under +our protection, should not be molested or disturbed in the possession +of such parts of our dominions _as, not having been ceded to, or +purchased by us, are reserved to them, or any of them, as their hunting +grounds_; we do therefore, with the advice of our privy council, +declare it to be our royal will and pleasure, that no governor, or +commander in chief, in any of our colonies of Quebec, East Florida, or +West Florida, do presume, upon any pretence whatever, to grant warrants +of survey, or pass any patents for lands beyond the bounds of their +respective governments, as described in their commissions; _as also_ +that no governor or commander in chief of our other colonies or +plantations in America, do presume for the present, and until our +further pleasure be known, to grant warrant of survey, or pass patents +for any lands _beyond the heads or sources of any of the rivers which +fall into the Atlantic ocean from the west or north-west_; or upon any +lands whatever, _which not having been ceded to, or purchased by us, as +aforesaid, are reserved to the said Indians, or any of them_. + +And we do further declare it to be our royal will and pleasure, _for +the present_, as aforesaid, to reserve under our sovereignty, +protection, and dominion, _for the use of the said Indians, all the +land and territories not_ included within the limits of our said three +new governments, or within the limits of the territory granted to the +Hudson's Bay company; _as also, all the land and territories lying to +the westward of the sources of the rivers which fall into the sea from +the west and north-west as aforesaid_; and we do hereby strictly +forbid, on pain of our displeasure, all our loving subjects from making +any purchases or settlements whatever, or taking possession of any of +the lands above reserved, without our especial leave and licence for +that purpose first obtained. + +And we do further strictly enjoin and require all persons whatever, who +have either wilfully or inadvertently seated themselves upon any lands +within the countries above described, or upon any other lands, _which +not having being ceded to, or purchased by us_, are still reserved to +the Indians as aforesaid, forthwith to remove themselves from such +settlements. + +And whereas great frauds and abuses have been committed in the +purchasing land of the Indians, to the great prejudice of our +interests, and to the great dissatisfaction of the said Indians; in +order therefore to prevent such irregularities for the future, and to +the end that the Indians may be convinced of our justice and determined +resolution to remove all reasonable cause of discontent, we do, with +the advice of our privy council, strictly enjoin and require, that no +private person do presume to make any purchase from the said Indians of +any lands reserved to the said Indians within those parts of our +colonies where we have thought proper to allow settlement; but that if +at any time any of the said Indians should be inclined to dispose of +the said lands, the same shall be purchased only for us, in our name, +at some public meeting or assembly of the said Indians, to be held for +that purpose by the governor or commander in chief of our colony +respectively within which they shall lie: and in case they shall lie +within the limits of any proprietaries, conformable to such directions +and instructions as we or they shall think proper to give for that +purpose: and we do, by the advice of our privy council, declare and +enjoin, that the trade with the said Indians shall be free and open to +all our subjects whatever, provided that every person who may incline +to trade with the said Indians, do take out a licence for carrying on +such trade, from the governor or commander in chief of any of our +colonies respectively, where such person shall reside, and also the +security to observe such regulations as we shall at any time think fit, +by ourselves or commissaries, to be appointed for this purpose, to +direct and appoint for the benefit of the said trade: and we do hereby +authorise, enjoin, and require the governors and commanders in chief of +all our colonies respectively, as well those under our immediate +government, as those under the government and direction of +proprietaries, to grant such licences without fee or reward, taking +especial care to insert therein a condition that such licence shall be +void, and the security forfeited, in case the person to whom the same +is granted, shall refuse or neglect to observe such regulations as we +shall think proper to prescribe as aforesaid. + +And we do further expressly enjoin and require all officers whatever, +as well military as those employed in the management and direction of +Indian affairs within the territories reserved, as aforesaid, for the +use of the said Indians, to seize and apprehend all persons whatever, +who standing charged with treasons, misprisions of treasons, murders, +or other felonies or misdemeanours, shall fly from justice and take +refuge in the said territory, and to send them under a proper guard to +the colony where the crime was committed of which they shall stand +accused, in order to take their trial for the same. + +Given at our court at St. James's, the 7th of October 1763, in the +third year of our reign. + +GOD save the KING. + + + + +APPENDIX, No. II. + +STATE of the KING's QUIT-RENTS in NORTH AMERICA. + + + Consideration The time the Quit-rents Expence to the + money paid lands are received. country for the + to King exempted from support of the + for the quit-rent. civil government + lands. of the colonies. + +Isl. of None 20 years. None ---- +St. John + +Nova Scotia {And yet no } _L_ _s._ _d._ + None -- 10 years. {quit-rents } 707,320 19 7-1/4 + {have been } + {received, } + {tho' the } + {colony was } + {established} + {22 _years } + {ago_. } + +Canada None ---- ---- + +Massachussets } None -- {Wholly exempt } +Connecticut } {from quit-rents } None None +Rhode Island } {and all payments} + {to the crown. } + +N. Hampshire None ---- None None + +New York None {This colony was } ---- None + {restored to the } + -- {crown in the } + {year 1693-4, } + {and yet from } + {that time } + {very little } + {quit-rents have } + {been received. } + +New Jersey } None {Wholly exemp } None None +Pensylvania } {from quit-rents } +Maryland } {and all } + {payments to the } + {crown. } + +Virginia None {This colony was } ---- ---- + {re-assumed by } + {the crown in } + {the year 1626; } + {and yet for a } + {great number of } + {years, the } + {quit-rents were } + {not paid at } + {all;--never } + {with any } + {regularity till } + {within a very } + {few years; and } + {now from what } + {is paid there } + {is a deduction } + {of at least } + {20 per cent. } + +N. & S. } None ---- ---- --- +Carolina. } + +Georgia None {This colony was } None 214,610 3 1-1/2 + {settled in the } + {year 1735, } + {and yet no } + {quit-rents have } + {been received. } + +E. & W. Florida None 10 years. None 90,900 0 0 + +But it is {_L_10,460 } {The quit-rents } {All the } +proposed to {7_s._ } {to commence in } {expenses } +pay for the {3_d._ } {twenty years } {of the civil} +colony on the {which is } {from the time } {government } +Ohio. {_all_ the } {of the survey } {of the } + {money the } {of each lot } {colony, to } + {_whole_ } {or plantation, } {be borne } + {country } {and to be } {and paid } + {(of which } {paid into the } {by the } + {this is } {hands of such } {propriators.} + {only a } {person as } + {small } {his Majesty } + {part) cost} {shall appoint } + {government} {to receive } + {for the } {the same, _net } + {cession } {and clear_ of } + {from the } {all deductions } + {Six } {whatsoever, } + {Nations. } {for collections } + {or otherwise. } + + + + + + +End of the Project Gutenberg EBook of Report of the Lords Commissioners for +Trade and Plantations on the Petition of the Honourable Thomas Walpole, Benjamin Franklin, John Sargent, and Samuel Wharton, Esquires, and their Associates, by Great Britain Board of Trade + +*** END OF THIS PROJECT GUTENBERG EBOOK REPORT OF THE LORDS COMMISSIONERS *** + +***** This file should be named 26900.txt or 26900.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/2/6/9/0/26900/ + +Produced by A www.PGDP.net Volunteer, Dave Morgan and the +Online Distributed Proofreading Team at http://www.pgdp.net + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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