TO THE EDITOR OF THE TIMES.

"My intention is now to show you, from a document already quoted,

the Royal proclamation of 1763, a further confirmation that the

division expressed, 'Rivers falling one way, and rivers falling

directly contrary into the Atlantic,' was a distinction perfectly

well understood, and that this peculiar expression being applicable

to "Penobscot," was the probable reason why that district was ceded

in 1783, and many tribes of Indians driven from a hunting ground

previously enjoyed, under the protection of the British Crown. If I

recollect right, some influential member of the opponents of Lord

Shelburne's peace stated in debate, that above 20 tribes, whom we

were bound by previous treaties and wampum belts to protect, were

driven from their homes by this unnecessary cession, for it may be

here remarked that one uniform condition of all treaties with that

ill-used race of men, by whomsoever made (Sir W. Johnson or others),

was this--for the sole purpose of guarding themselves against the

wanton aggression of the settlers, provided the tracts ceded be always

appropriated to His Majesty's sole use, and that the lines be run in

the presence of the British authority, and some of their own chiefs, to

prevent disputes hereafter.

"The 11th clause of the proclamation, evidently with a view to this

feeling on the part of the Indians, runs thus. After setting out the

limits and grants, &c. in the previous part of the instrument (binding

upon America, as well as upon ourselves, except where they may be

specifically relieved from its effect by the express words of the

treaty of 1783, since they were at the time British subjects) we read--

"'Whereas, it is just and reasonable, and essential to our interest and

_the security of our_ colonies (the States then included), 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 and territories 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, Quebec, &c.

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.' Now mark: 'As also

that no governor or commander-in-chief of our colonies or plantations

in America _do presume_ for the present, and until our further pleasure

be known, to grant warrants 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_.' Now,

will any man of common reflection say, that under such circumstances,

known to all our governors and commanders-in-chief, of course also

to all engaged in the internal legislation of the plantations, there

could be any obscurity to admit of dispute in the reference made to

this precise mark of distinction--'beyond the heads or sources of

any of the rivers falling into the Atlantic?' the same mark being

again referred to in the Imperial Act 14th George III., 1774, in

nearly the same words, only adding 'the highlands,' &c., dividing,

&c., again expressly described in the account of General Arnold's

march over the very country; and lastly, briefly referred to in the

treaty of 1783, the very brevity and looseness of the expression being

the strongest possible proof of the notoriety of such division and

landmark. I confess, Sir, I cannot divine any mode of escape from

the dilemma in which the sticklers for this unreasonable claim are

placed--either to recede from what is palpably an unjust pretence, or

to stamp Washington, Dr. Franklin, Mr. Adams, and Mr. Jay as the most

consummate knaves, adopting a loose phraseology to escape at a future

time from the effects of their own treaty. To the latter alternative

no Englishman acquainted with the history of Washington's glorious,

and--except in one point, too stern an adherence to what he conceived

to be justice-unblemished career, will ever be disposed to accede.

"The next point on which I engaged to remark was the probable reason

which induced Lord Shelburne to cede a country which the Indians had

possessed, and thereby drive so many tribes from their homes, and the

tombs of their ancestors, to them a heavier blow than any other That

the Indians did possess it, is proved not only by the statement in the

Imperial Parliament, but also by the fact of sundry raids occasionally

made by them from this tract upon the settlers of Nova Scotia, known to

be at that time altogether confined to the region about Pasamaquoddy

Bay, which now forms the southern part of New Brunswick.

"Now the clause which I have quoted above I conceive to afford that

probable reason. The governors, &c. are restricted not to grant

warrants of survey on any pretence 'beyond the heads and sources

of the rivers which fall into the Atlantic.' Though I believe it

admits a question whether any patents were passed extending the

British settlements beyond the 45th degree of north latitude,

for the old geographers carry the line along that degree to the

Bay of Pasamaquoddy, and bound Massachusetts on the west by New

Hampshire--though the description of General Arnold's march is a

traverse of a wild wilderness, wherein 'human face divine' seems

never to have been seen, yet this clause most decidedly leaves a

discretion in the Governor of Massachusetts, when population required

it, to extend his surveys and his patents as far north as the heads

of those rivers which fall into the Atlantic. The district now called

Maine, then Penobscot, is exactly a tract so situated, and, whatever

might have been the original intentions of the Crown as regarded the

Indians within this tract, the discretion so given formed a just and

proper reason, when peace was to be established, why the territory

so described should be ceded to the United States, and that very

cession of a country so circumstanced affords the strongest possible

confirmation that 'the heads and sources of the rivers falling into the

Atlantic' literally were the limits referred to in 1783, and that no

just claim can be made out in the face of this evidence to a territory

in which, by the confession of General Arnold's march, the rivers fall

'the contrary way.' I shall not trouble you further. A war founded on

unjust aggression can never expect God's blessing upon it. A calm

produced by concession to unjust aggression can never end in lasting

peace.

"'If thou seest the oppression of the poor, and violent perverting of

judgment and justice in a province, marvel not at the matter, for he

that is higher than the highest regardeth." Eccles. v. 8.

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