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. }

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 · 第 5 / 5 段