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. }