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.]