"Charles-town, South Carolina,February 2, 1769."The countrySouthwardofthe Big Kenhawa was never claimed by the Cherokees, and now is the property of the Crown, as Sir William Johnson purchased it of the Six Nations at a very considerable expence, and took a deed of cession from them at Fort Stanwix."
"Charles-town, South Carolina,February 2, 1769.
"The countrySouthwardofthe Big Kenhawa was never claimed by the Cherokees, and now is the property of the Crown, as Sir William Johnson purchased it of the Six Nations at a very considerable expence, and took a deed of cession from them at Fort Stanwix."
In 1769, the house of burgesses of the colony of Virginia represented to Lord Bottetourt, "That they have the greatest reason to fear the said line," (meaning the boundary line, which the Lords Commissioners for Trade and Plantations have referred to, in the map annexed to their Lordships report) "if confirmed, would constantly open tothe Indians, and othersenemiesto his Majesty, a free and easy ingress to the heart of the country on the Ohio, Holston's river, and the Great Kenhawa; whereby the settlements which may be attempted in these quarters will, in all probability, be utterly destroyed, andthat great extent of country[at least 800 miles in length]from the mouth of the Kenhawato themouth of the Cherokee riverextending Eastward as far as the Laurell Hill,so lately ceded to his Majesty, to which no tribe of Indians at present set up any pretensions, will be entirely abandoned to the Cherokees; in consequence of which, claims,totally destructiveof the true interest of his Majesty, may at some future time arise,and acquisitions justly ranked among the most valuable of the late war be altogether lost."
From the foregoing detail of facts, it is obvious,
1st. That the countrySouthwardof theGreat Kenhawa, at least as far as the Cherokee river, originally belonged to the Shawanesse.
2d. That the Six Nations, in virtue of their conquest of the Shawanesse, became the lawful proprietors of that country.
3d. That the King, in consequence of the grant from the Six Nations, made to his Majesty at Fort Stanwix in 1768, isnowvested with the undoubted right and property thereof.4th. That the Cherokeesneverresided, nor hunted in that country, and havenotany kind of right to it.
5th. That the House of Burgesses of the colony of Virginia have, upon good grounds, asserted, [such as properly arise from the nature of their stations, and proximity to the Cherokee country], that the Cherokees had not any just pretensions to the territorySouthwardof the Great Kenhawa.
And lastly, That neither the Six Nations, the Shawanesse nor Delawares, donowreside, or hunt in that country.
From these considerations, it is evident no possible injury can arise to his Majesty's Service,—to the Six Nations and their confederacy,—or to the Cherokees, by permitting us to settle thewholeof the lands comprehended within our contract with the Lords Commissioners of the Treasury:—If, however, there has been any treaty held with the Six Nations,sincethe cession made to his Majesty at Fort Stanwix, whereby the faith of the crown is pledged, both to the Six Nations and the Cherokees, that no settlements should be made beyond the line, marked on their Lordships report; we say, if such agreement has been made by the orders of government with these tribes, (not withstanding, as the Lords Commissioners have acknowledged, "the Six Nations had ceded the property in the lands to his Majesty)"—We flatter ourselves, that the objection of theirLordships in the second paragraph of their Report, will be entirely obviated, by a specific clause being inserted in the King's grant to us,expressly prohibiting us from settling any part of the same, until such time as we shall havefirstobtained his Majesty's allowance, and the full consent of the Cherokees, and the Six Nations and their confederates, for that purpose.
III. In regard to the third paragraph of their Lordships Report, that it was theprincipleof the board of trade,afterthe treaty of Paris, "toconfinethe western extent of settlements to such a distance from the sea-coast, as that these settlements should lie within thereachof the trade and commerce of this kingdom,"&c.we shall not presume to controvert;—but it may be observed, that the settlement of the countryoverthe Allegany mountains, and on the Ohio, wasnotunderstood, eitherbeforethe treaty of Paris, nor intended to be so considered by his Majesty's proclamation of October 1763, "aswithout the reach of the trade and commerce of this kingdom," &c.;—for, in the year 1748, Mr. John Hanbury, and a number of other gentlemen, petitioned the King for a grant of 500,000 acres of landoverthe Allegany mountains, and on the river Ohio and its branches; and the Lords Commissioners for Trade and Plantations werethenpleased toreportto the Lords committeeof his Majesty's most honourable privy council, "That the settlement of the country, lying to the westward of the great mountains, as it was the center of the British dominions,would be for his Majesty's interest, and the advantage and security of Virginia and the neighbouring colonies."
And on the 23d of February 1748-9, the Lords Commissioners for Trade and Plantationsagain reportedto the Lords of the committee of the privy council, that they had "fullyset forth the great utility and advantage of extending our settlements beyond the great mountains("whichReport has been approved of by your Lordships").—And as, by thesenewproposals, there isa great probability of having a much larger tract of the said country settled than under the former, we are of opinion, that it will be greatly for his Majesty's service, and thewelfare and security of Virginia, to comply with the prayer of the petition."
And on the 16th of March 1748-9, aninstructionwas sent to the Governor of Virginia to grant 500,000 acres of landover the Allegany mountainsto the aforesaid Mr. Hanbury and his partners (who are nowpartof the company of Mr. Walpole and his associates); and that instruction sets forth, That "such settlements will be for our interest, and theadvantage and security of our said colony, as well as the advantage of the neighbouringones;—inasmuch as our loving subjectswill be thereby enabled to cultivate a friendship, and carry on a more extensive commercewith the nations of Indians inhabiting those parts;and such examples may likewise induce the neighbouring colonies to turn their thoughts towards designs of the same nature."—Hence we apprehend, it is evident, that a former board of trade, at which Lord Halifax presided, was of opinion, that settlementsoverthe Allegany mountains were not against the King's interest,norat such a distance from the sea-coast, as tobe without"thereachof the trade and commerce of this kingdom," norwhereits authority or jurisdiction could not be exercised.—But theReportunder consideration suggests, that two capital objects of the proclamation of 1763 were,to confinefuture settlements to the "sources of the rivers which fall into the sea from the West and North-West," (or, in other Words, to theEastern side of the Allegany mountains) and to the three new governments of Canada, East Florida, and West Florida;—and to establish this fact, the Lords Commissioners for Trade and Plantations recite a part of that proclamation.
But if thewholeof this proclamation is considered, it will be found to contain the nine following heads; viz.1
1st, To declare to his Majesty's subjects, that he had erected four distinct and separate governments in America; viz. Quebec, East Florida, West Florida, and Grenada.
2d, To ascertain the respective boundaries of these four new governments.
3d, To testify the royal sense and approbation of the conduct and bravery, both of the officers and soldiers of the King's army, and of the reduced officers of the navy, who had served in North America, and to reward them, by grants of lands in Quebec, and in East and West Florida, without fee or reward.
4th, To hinder the governors of Quebec, East Florida and West Florida, from granting warrants of survey, or passing patents for lands,beyondthe bounds of their respective governments.
5th, To forbid the governors of any other colonies or plantations in America, from granting warrants or passing patents for lands,beyondthe 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 beencededto or purchased by the King, are reserved to the said Indians, or any of them."
6th, To reserve, "for the present," under the King's sovereignty, protection, and dominion,for the use of the said Indians, all the landsnotincluded within the limits of the said three new governments, or within the limits of the Hudson's Bay company; asalso, all the lands lying to the westward of the sources of the rivers, which fall into the sea from the west and north-west, and forbidding the King's subjects, from making any purchases of settlements whatever, or taking possession of the landsso reserved, without his Majesty's leave and licence first obtained.
7th, To require all persons, who had made settlements on lands,notpurchased by the King from the Indians, to remove from such settlements.
8th, To regulate the future purchases of lands from the Indians, within such parts as his Majesty, by that proclamation, permitted settlements to be made.
9th, To declare, that the trade with the Indians should be free and open to all his Majesty's subjects, and to prescribe the manner how it shall be carried on.
And lastly, To require all military officers, and the superintendants of Indian affairs, to seize and apprehend all persons who stood charged with treasons, murders, &c. and who had fled from justice, and taken refuge in the reserved lands of the Indians, to send such persons to the colony,wherethey stood accused.
From this proclamation, therefore, it is obvious, that the sole design of it, independent of the establishment of the three new governments, ascertaining their respective boundaries, rewarding the officers and soldiers,and regulating the Indian trade, and apprehending felons, was toconvincethe Indians "of his Majesty's justice and determined resolution to remove all reasonable cause of discontent," by interdicting all settlements on land, notceded to or purchased by his Majesty; and declaring it to be, as we have already mentioned, his royal will and pleasure, "forthe present, to reserve, under his sovereignty, protection, and dominion,for the use of the Indians, all the lands and territories lying to the westward of the sources of the rivers which fall into the sea from the west and north-west."—Can any words express more decisively the royal intention?—Do they not explicitly mention, That the territory is,at present, reserved under his Majesty's protection,for the use of the Indians?—And as the Indians hadno usefor those lands, which are boundedwesterlyby thesouth-east sideof the river Ohio, either for residence or hunting, they were willing to sell them; and accordingly did sell them to the King in November 1768, (the occasion of which sale will be fully explained in our observations on the succeeding paragraphs of theReport).—Of course, the proclamation, so far as it regarded the settlement of the lands included within that purchase, has absolutely and undoubtedly ceased.—The late Mr. Grenville, who was, at the time of issuing this proclamation, the minister of this kingdom, always admitted, that the designof it was totally accomplished,so soon as the country was purchased of the natives.
IV. In this paragraph, the Lords Commissioners for Trade and Plantations mention two reasons for his Majesty's entering into engagements with the Indians, for fixing amore precise and determinate boundary line, than was settled by the proclamation of October 1763, viz.
1st, Partly for want ofprecisionin the one intended to be marked by the proclamation of 1763.
2d, And partly from a consideration of justice in regard tolegal titles to lands.
We have, we presume, fully proved, in our observations on the third paragraph,—That the design of the proclamation, so far as it related to landswestwardof the Allegany mountains, was for no other purpose than toreservethem, under his Majesty's protection, forthe present, for the use of the Indians; to which we shall only add, That the line established by the proclamation, so far as it concerned the lands in question, couldnotpossibly be fixed and described with moreprecision, than the proclamation itself describes it; for it declares,—That "all the lands and territories lying to the westward of the sources of the rivers,which fall into the sea from the west and north-west," should be reserved under his Majesty's protection.
Neither, in our opinion, was his Majesty induced to enter into engagements with theIndians for fixing a morepreciseand determinate boundary "partly from a consideration of justice, in regard to legal titles to lands,"—for there werenonesuch (as we shall prove) comprehended within the tractnowunder consideration.
But for a full comprehension ofallthe reasons for his Majesty's "entering into engagements with the Indians, for fixing a more precise and determinate boundary line," than was settled by the royal proclamation of Oct. 1763, we shall take the liberty of stating the following facts:—In the year 1764, the King's ministers had itthenin contemplation, to obtain an act of parliament for the proper regulation of the Indian commerce; and providing a fund, (by laying a duty on the trade) for the support of superintendants, commissaries, interpreters, &c. at particular forts in the Indian country,wherethe trade was to be carried on:—And as a part of this system, it was thought proper, in order to avoid future complaints from the Indians, on account of encroachments on their hunting grounds, to purchase a large tract of territory from them, and establish, with their consent, a respectableboundary line, beyond which his Majesty's subjects shouldnotbe permitted to settle.
In consequence of this system, orders were transmitted to Sir William Johnson, in the year 1764, to call together the Six Nations,—lay this proposition of theboundarybeforethem, and take their opinion upon it.—This, we apprehend, will appear evident from the following speech, made by Sir William to the Six Nations, at a conference which he held with them, at Johnson Hall, May the 2d, 1765.
Brethren,"The last but the most important affair I have at this time to mention, is with regard to thesettling a boundary between you and the English. I sent a message to some of your nations some time ago, to acquaint you, that I should confer with you at this meeting upon it. The King, whose generosity and forgiveness you have already experienced,being very desirous to put a final end to disputes between his people andyou concerning lands, and to do you strict justice, has fallen upon the plan of a boundary between our provinces and the Indians (which no white man shall dare to invade) as the best and surest method of ending such like disputes, andsecuring your propertyto you, beyond a possibility of disturbance. This will, I hope, appear to you so reasonable, so just on the part of the King, and so advantageous to you and your posterity, that I can have no doubt of your chearfully joining with me in settling such a division-line, as will be best for the advantage of both white men and Indians,and as shall best agreewith the extent and increase of each province, and the governors, whom I shall consult upon that occasion, so soon as I am fully empowered; but in the mean time I am desirous to know in what manner you would choose to extend it, and what you will heartily agree to, and abide by, in general terms. At the same time I am to acquaint you, that whenever the whole is settled, and that it shall appear you haveso far consulted the increasing state of our people, as to make any convenient cessions of groundwhere it is most wanted, that then you will receive a considerable present in return for your friendship."
Brethren,
"The last but the most important affair I have at this time to mention, is with regard to thesettling a boundary between you and the English. I sent a message to some of your nations some time ago, to acquaint you, that I should confer with you at this meeting upon it. The King, whose generosity and forgiveness you have already experienced,being very desirous to put a final end to disputes between his people andyou concerning lands, and to do you strict justice, has fallen upon the plan of a boundary between our provinces and the Indians (which no white man shall dare to invade) as the best and surest method of ending such like disputes, andsecuring your propertyto you, beyond a possibility of disturbance. This will, I hope, appear to you so reasonable, so just on the part of the King, and so advantageous to you and your posterity, that I can have no doubt of your chearfully joining with me in settling such a division-line, as will be best for the advantage of both white men and Indians,and as shall best agreewith the extent and increase of each province, and the governors, whom I shall consult upon that occasion, so soon as I am fully empowered; but in the mean time I am desirous to know in what manner you would choose to extend it, and what you will heartily agree to, and abide by, in general terms. At the same time I am to acquaint you, that whenever the whole is settled, and that it shall appear you haveso far consulted the increasing state of our people, as to make any convenient cessions of groundwhere it is most wanted, that then you will receive a considerable present in return for your friendship."
To this speech the Sachems and Warriors of the Six Nations, after conferring some time among themselves, gave an answer to Sir William Johnson, and agreed to the proposition of the boundary line;—which answer, and the other transactions of this conference, Sir William transmitted to the office of the Lords Commissioners for Trade and Plantations.—
From a change of the administration, which formed the above system of obtaining an act of parliament for regulating the Indian trade, and establishing theboundary line, or from some other public cause, unknown to us,—no measures were adopted, until the latter end of the year 1767, forcompletingthe negotiation about this boundary line.—But in the mean time, viz. between the years1765 and 1768,—the King's subjects removed ingreatnumbers from Virginia, Maryland, and Pennsylvania, and settledoverthe mountains,—upon which account, the Six Nations became so irritated, that in the year 1766 they killed several persons, and denounced a general war against the middle colonies; and to appease them, and to avoid such a public calamity, a detachment of the 42d regiment of root wasthat yearsent from the garrison of Fort Pitt, to remove such settlers as were seated atRed Stone Creek, &c.—but the endeavours and threats of that detachment proved ineffectual, and they returned to the garrison, without being able to execute their orders.—The complaints of the Six Nations however continuing andincreasing, on account of the settling of their landsoverthe mountains, General Gage wrote to the Governor of Pennsylvania on the 7th of December 1767, and after mentioning these complaints, he observed, "You are a witness how little attention has been paid to the several proclamations that have been published; and that even the removing those people from the lands in question, whichwas attempted this summer by the garrison at Fort Pitt, hasbeen only a temporary expedient. We learn they arereturned againto the sameencroachmentson Red Stone Creek and Cheat River ingreater numbers than ever."2
On the 5th of January 1768, the governor of Pennsylvania sent a message to the general assembly of the province with the foregoing letter from General Gage,—and on the 13th the assembly in the conclusion of a message to the governor on the subject of Indian complaints, observed, "To obviate which cause of their discontent, and effectually to establish between them and his Majesty's subjects a durable peace, we are of opinion, that a speedyconfirmationof theboundary, and a just satisfaction made to them for their lands on this side of it, are absolutely necessary. By this means all their present complaints of encroachments will be removed, and the people on our frontiers will have a sufficient countryto settle or hunt in, without interfering with them."
On the 19th of January 1768, Mr. Galloway, the speaker of the assembly in Pennsylvania, and the committee of correspondence, wrote on the subject of the Indians disquietude, by order of the house, to their agents Richard Jackson and Benjamin Franklin, Esquires, in London, and therein they said, "That the delay of the confirmation of theboundary, the natives have warmly complained of,and that although they have received no considerationfor thelands agreed to be ceded to the crown on ourside of the boundary,yet that its subjects are daily settling and occupying those very lands."
In April 1768, the legislature of Pennsylvania finding that the expectations of an Indian war were hourly increasing,occasioned by the settlement of the lands over the mountains, not sold by the natives; and flattering themselves, that orders would soon arrive from England for the perfection of the boundary line, they voted the sum of one thousand pounds, to be given as a present, in blankets, strouds, &c. to the Indians upon the Ohio, with a view of moderating their resentment, until these orders should arrive:—and the governor of Pennsylvania being informed, that a treaty was soon to be held at Fort Pitt by George Croghan, Esq; deputy agent of Indian affairs, by order of General Gage and Sir William Johnson, he sent his secretary and another gentleman, as commissioners from the Province, to deliver the above present to the Indians at Fort Pitt.
On the 2d of May 1768, the Six Nations made the following speech at that conference:
"Brother,"It is not without grief that we see our countrysettled by you, without our knowledge or consent; and it is a long time since we complained to you of this grievance, which we find has not yet been redressed; butsettlementsare stillextending further into our country: some of them are made directly on our war-path, leading to ourenemies' country, and we do not like it. Brother, you havelaws among youto govern your people by; and it will be the strongest proof of the sincerity of your friendship, to let us see that you remove the people from our lands; as we look upon it,they will have time enough to settle them, when you have purchased them, and the country becomes yours."
"Brother,
"It is not without grief that we see our countrysettled by you, without our knowledge or consent; and it is a long time since we complained to you of this grievance, which we find has not yet been redressed; butsettlementsare stillextending further into our country: some of them are made directly on our war-path, leading to ourenemies' country, and we do not like it. Brother, you havelaws among youto govern your people by; and it will be the strongest proof of the sincerity of your friendship, to let us see that you remove the people from our lands; as we look upon it,they will have time enough to settle them, when you have purchased them, and the country becomes yours."
The Pennsylvania commissioners, in answer to this speech, informed the Six Nations, that the governor of that province had sent four gentlemen with his proclamation and the act of assembly (making itfelony of deathwithout benefit of clergy, to continue on Indian lands) to such settlersoverthe mountains as were seated, within the limits of Pennsylvania, requiring them to vacate their settlements, but all to no avail:—That the governor of Virginia had likewise, to as little purpose, issued his proclamations and orders, and that General Gage had twiceineffectuallysent parties of soldiers to remove the settlers from Red Stone Creek and Monongehela.
As soon as Mr. Jackson and Dr. Franklin received the foregoing instructions from the general assembly of Pennsylvania, they waited upon the American minister, and urged the expediency and necessity of the boundary line being speedily concluded; and in consequence thereof, additional orders were immediatelytransmitted to Sir William Johnson for that purpose.
It is plain therefore, that the proclamation of October 1763 wasnotdesigned, as the Lords Commissioners for Trade and Plantations have suggested, to signify the policy of this kingdom,againstsettlementsoverthe Allegany mountains,afterthe King had actually purchased the territory; and that thetruereasons for purchasing the lands comprized within that boundary, were to avoid an Indian rupture, and give an opportunity to the King's subjects, quietly and lawfully to settle thereon.
V. Whether the Lords Commissioners for Trade and Plantations are well founded in their declarations, That the lands under consideration "are out of all advantageous intercourse with this kingdom," shall be fully considered in our observations on the sixth paragraph;—and as to "the various propositions for erecting new colonies in theinterior parts, which their Lordships say, have been, in consequence of the extension of the boundary line, submitted to the consideration of government, particularly inthat part of the country, wherein are situated the lands now prayed for, and the danger of complying with such proposals have been so obvious, as todefeatevery attempt for carrying them into execution,"—we shall only observe on this paragraph, that as we do not know what these propositions were,or upon what principle the proposers have beendefeated, it is impossible for us to judge, whether they are any ways applicable to our case.—Consistent however with our knowledge, no more than one proposition, for the settlement of apartof the lands in question, has been presented to government, and that was from Dr. Lee, 32 other Americans, and two Londoners, in the year 1768, praying that his Majesty wouldgrantto them, withoutany purchase-money, 2,500,000 acres of landin one or more surveys, to be located between the 38th and 42d degrees of latitude,over the Allegany mountains, and on condition of their possessing these lands 12yearswithoutthe payment of any quit-rent, (the samenotto begin until the whole 2,500,000 acres were surveyed) and that they should be obliged to settle only 200families in12years.—Surely, the Lords Commissioners did not mean this proposition as one that was similar, and wouldapplyto the case nowreportedupon;—and especially as Dr. Lee and his associates did not propose, as we do, either to purchase the lands, or pay the quit-rents to his Majesty,neat and clear of all deductions, or be at thewholeexpence of establishing and maintaining the civil government of the country.
VI. In the sixth paragraph the Lords Commissioners observe, That "every argument on the subject, respecting the settlement of the lands in that part of the country now prayed for,is collected together with greatforce and precision in a representation made to his Majestyby the Lords Commissioners for Trade and Plantations, in March 1768."
That it may be clearly understood, what was the occasion of thisrepresentation, we shall take the liberty of mentioning, that on the first of October 1767, and during the time that the Earl of Shelburne was Secretary of State for the southern department, an idea was entertained of forming, "at the expence of the crown," threenew governmentsin North America,viz.one atDetroit[on the waters between Lake Huron and Lake Erie]; one in theIllinois Country, and one on thelowerpart of the River Ohio; and in consequence such idea, areferencewas made by his lordship to the Lords Commissioners for Trade and Plantations, for their opinion upon these proposednewgovernments.
Having plainly explained the cause of therepresentation, which is so very strongly and earnestly insisted upon by the Lords Commissioners for Trade and Plantations, as containing "every argument on the subjectof the lands which is at present before your lordships;" we shall now give our reasons for apprehending,that itis so far from applying against our case, that it actually declares a permission would be given to settle the very lands in question.
Three principal reasons are assigned in therepresentation, "as conducive to the greatobject of colonizing upon the continent of North America,viz."
1st. "Promoting the advantageous fishery carried on upon thenorthern coast."
2dly. "Encouraging the growth and culture of naval stores, and ofraw materials, to be transported hither, in exchange for perfect manufactures and other merchandize."
3dly. "Securing a supply of lumber, provisions, and other necessaries, for the support of our establishments in the American islands."
On the first of these reasons, we apprehend, it is not necessary for us to make many observations; as the provinces of New Jersey, Pennsylvania, Maryland, and Virginia, and the coloniessouthwardof them, havenot, and from the nature of their situation and commerce willnot, promote thefishery, more, it is conceived, than the proposed Ohio colony.—These provinces are, however, beneficial to this kingdom, in the culture and exportation of different articles;—as it is humbly presumed the Ohio colonywilllikewise be, if the production ofstaple commoditiesis allowed to be within that description.
On the 2d and 3d general reasons of theRepresentationwe shall observe, that no part of his Majesty's dominions in North America, will require lessencouragement"for the growth and culture of naval stores and raw materials; and for the supplying the islandswith lumber, provisions," &c. than the solicited colony on the Ohio;—and for the following reasons:
First, The lands in question are excellent, the climate temperate, the native grapes, silk-worms, and mulberry trees, are every where; hemp grows spontaneously in the valleys and low lands; iron-ore is plenty in the hills; and no soil is better adapted for the culture of tobacco, flax, and cotton, than that of the Ohio.
Second, The country is well watered by several navigable rivers, communicating with each other; and by which, and a short land-carriage ofonly 40 miles, the produce of the lands of the Ohio can, evennow, be sentcheaperto the sea-port town of Alexandria, on the river Potomack (where General Braddoc's transports landed his troops) than any kind of merchandise is at this time sentfrom Northampton to London.
Third, The river Ohio is, atallseasons of the year, navigable for large boats, like the West Country barges, rowed only by four or five men; and from the month of January to the month of April, large ships may be built on the Ohio, and sent laden withhemp,iron,flax,silk, &c. to this kingdom.
Fourth, Flour, corn, beef, ship-plank, and other necessaries, can be sent down the stream of Ohio to West Florida, and from thence to the islands, much cheaper, and in better order, than from New York or Philadelphia.Fifth, Hemp, tobacco, iron, and such bulky articles, can also be sentdownthestreamof the Ohio to the sea, at least 50 per centum cheaper than these articles were ever carried by a land carriage, of only 60 miles, in Pennsylvania;—wherewaggonageis cheaper than in any other part of North America.
Sixth, The expence of transporting British manufactories from the sea to the Ohio colony, willnotbe so much, as is now paid and must ever be paid, to a great part of the counties ofPennsylvania,Virginia, andMaryland.
From this state of facts, we apprehend, it is clear, that the lands in question are altogether capable, and will advantageously admit, from their fertility, situation, and the small expence attending the exporting the produce of them to this kingdom,—"ofconducingto the great object of colonizing upon the continent of North America:"—But that we may more particularly elucidate this important point, we shall take the freedom of observing,—That it isnotdisputed, but even acknowledged, by the veryReportnow under consideration,—that the climate and soil of the Ohio are as favourable, as we have described them;—and as to the native silk worms,—it is a truth, thatabove10,000 weight of cocoons was, in August 1771, sold at the public filature in Philadelphia;—and that the silk produced from thenativeworm is of a good quality, and has been much approved of in this city.—As tohemp, we are ready to make it appear, that it grows, as we have represented, spontaneously, and of a good texture on the Ohio,—When, therefore, theincreasingdependance of this kingdom uponRussia, for this very article, is considered, and that none has been exported from thesea coast American colonies, as their soil will not easily produce it,—this dependance must surely be admitted as a subject of great national consequence, and worthy of the serious attention of government. Nature has pointed out to us,whereany quantity of hemp can be soon and easily raised, and by that means, not only a large amount of specie may be retainedyearlyin this kingdom, but our own subjects can be employed most advantageously, and paid in themanufacturesof this kingdom. The state of the Russian trade is briefly thus:
Here then, it is obvious that in the lasttenyears there was, on a medium, an increase of 250 ships in the Russian trade. Can it be consistent with the wisdom and policy of the greatest naval and commercial nation in the world, to depend wholly onforeignersfor the supply of an article, in which is included the very existence of her navy and commerce? Surely not; and especially when God has blessed us with a country yieldingnaturallythe very commodity, which draws our money from us, and renders usdependenton Russia for it3.—
As we have only hithertogenerallystated thesmallexpence of carriage between the waters of Potomack and those of the Ohio, we shall now endeavour to shew how very ill founded the Lords for Trade and Plantations are, in the fifth paragraph of theirreport, viz. That the lands in question "are out of all advantageous intercourse with this kingdom." In order however, that a proper opinion may be formed on this important article, we shall take the liberty of stating the particular expence of carriage,even duringthe lastFrench war(when there was nobackcarriage from the Ohio to Alexandria) as it will be found, it was eventhenonly about ahalfpenny perpound, as will appear from the following account, the truth of which we shall fully ascertain,viz.
Note, The distance wasthen70 miles, but by anewwaggon road,latelymade, it isnowbut forty miles—a saving of course, of above one half the 5s.9d.isat presentexperienced.
If it is considered that this rate of carriage wasin time of war, andwhenthere were no inhabitants on the Ohio, we cannot doubt but every intelligent mind will be satisfied, that it is now muchlessthan is daily paid in London for the carriage ofcoarse woollens,cutlery,iron ware, &c. from several counties in England.
The following is the cost of carriage from Birmingham, &c.viz.
If the lands which are at present under consideration are, as the Lords Commissioners for Trade and Plantationssay, "out of all advantageous intercourse with this kingdom," we are at a loss to conceive by what standard that Board calculates the rate of "advantageous intercourse."—If the King's subjects, settled over the Allegany mountains, and on the Ohio, within thenew-erected county of Bedford, in the province of Pennsylvania, are altogether cloathed with British manufacture, as is the case, is that country "out of all advantageous intercourse with this kingdom?"—If merchants in London arenowactually shipping British manufactures for the useof the very settlerson the lands in question, does that exportation come within the Lords Commissioners description of what is "out of all advantageous intercourse withthis kingdom?" In short, the Lords Commissioners admit, upon their own principles, that it is a political and advantageous intercourse with this kingdom,whenthe settlements and settlers are confined to theEasternside of the Allegany mountains. Shall then the expence of carriage, even of the very coarsest and heaviest cloths, or other articles, from themountainsto the Ohio, only about 70 miles, and which will not, at most,encreasethe price of carriageabove a halfpenny a yard, convert the trade and connexion with the settlers on the Ohio, into a predicament "that shall be, as the Lords Commissioners have said,outof all advantageous intercourse with this kingdom?"—On the whole, "if the poor Indians in the remote parts of North America arenowable to pay for the linens, woollens, and iron ware, they are furnished with by English traders, though Indians have nothing but what they get by hunting, and the goods are loaded with all the impositions fraud and knavery can contrive, toinhancetheir value; will not industrious English farmers," employed in the culture of hemp, flax, silk, &c. "be able to pay for what shall be brought to them in the fair way of commerce;" and especially when it is remembered, that there isnootherallowablemarket for the sale of these articles than in this kingdom?—And if "the growths ofthecountry find their way out of it, will not the manufacturesof this kingdom,wherethe hemp, &c. must be sent to, find their way into it?"
Whether Nova Scotia, and East and West Florida have yielded advantages and returns equal to the enormous sums expended in founding and supporting them, or even advantages, such as the Lords Commissioners for Trade and Plantations, in theirrepresentationof 1768, seemed to expect, it is not our business to investigate:—it is, we presume, sufficient for us to mention, that those "many principal persons in Pennsylvania," as is observed in therepresentation, "whose names and association lie before your Majesty in Council, for the purpose of making settlements in Nova Scotia," have, several years since, been convinced of the impracticability of exciting settlers to move from themiddle colonies, and settle in that province; and even of those who were prevailed on to go to Nova Scotia, the greater part of them returned with great complaints against the severity and length of the Winters.
As to East and West Florida, it is, we are persuaded, morally impossible toforcethe people of themiddleprovinces, between 37 and 40 degrees North latitude (where there is plenty of vacant land in their own temperate climate) to remove to the scorching, unwholesome heats of these provinces4.The inhabitants of Montpelier might as soon and as easily be persuaded to remove to the Northern parts of Russia, or to Senegal.—In short, it is contending with Nature, and the experience of all ages, to attempt to compel a people,bornandliving in a temperate climate, and in the neighbourhood of a rich, healthful, and uncultivated country, to travel several hundred miles to asea portin order to make avoyage to sea; and settle either in extreme hot or cold latitudes. If the county of York was vacant and uncultivated, and the moreSoutherninhabitants of this island were in want of land, would they suffer themselves to be driven to theNorth of Scotland?—Would they not, in spite of all opposition,firstpossess themselves of that fertile country?—Thus much we have thought necessary to remark, in respect to the general principles laid down in therepresentationof 1768; and we hope we have shewn, that the argumentsthereinmade use of, donotin any degree militateagainst the subject in question; but that they were intended, and do solely apply to "new colonies proposed to be established," as therepresentationsays, "at an expence to this kingdom," at the distance of "above 1500 miles from the sea, which from their inability to find returns,wherewithto pay for the manufactures of Great Britain, will be probably led to manufacture for themselves,as they would," continues therepresentation, "be separated from theoldcolonies by immense tracts of unpeopled desart."—
It now only remains for us to enquire, whether it was the intention of the Lords Commissioners for Trade and Plantations in 1768, that the territory, which would be included within theboundary line, then negociating with the Indians (and which was theonethat wasthat yearperfected) should continue a useless wilderness, or be settled and occupied by his Majesty's subjects.—The veryrepresentationitself, which the present Lords Commissioners for Trade and Plantations say, contains "every argument on the subject," furnishes us an ample and satisfactory solution to this important question.—The Lord Commissioners in 1768, after pronouncing their opinionagainsttheproposed three new governments, as above stated, declare, "They ought to be carefully guarded against, by encouraging the settlement of that extensive tract of sea coast hitherto unoccupied;which, say their Lordships,together with the liberty, that the inhabitantsof themiddle colonieswill have(in consequence of the proposedboundary linewith the Indians)of gradually extending themselves backwards, willmore effectuallyandbeneficially answerthe object ofencouraging populationandconsumption, than the erection of new governments; such gradual extension might, through the medium of a continual population, upon even the same extent of territory,preservea communication of mutual commercial benefits between its extremest parts and Great Britain,impossible to exist in colonies separated by immense tracts of unpeopled desart."—Can any opinion be more clear and conclusive, infavourof the proposition which we have humbly submitted to his Majesty?—for their Lordships positively say, that the inhabitants of the middle colonieswill have liberty of gradually extending themselves backwards;—but is it not very extraordinary, that after neartwo yearsdeliberation, the present Lords Commissioners for Trade and Plantations should make areportto the Lords of the Committee of the Privy Council, and therein expressly refer to that opinion of 1768, in which, they say, "every argument on the subject is collected together with great force and precision," and yet that, almost in the same breath, their Lordships "should contravene that very opinion, and advise hisMajestyto check the progress of their settlements?"—And that "settlements inthat distant partof the country ought to bediscouragedas much as possible, and another proclamation should be issued declaratory of his Majesty's resolution,notto allow,for the present, any new settlement beyond the line;"—to wit, beyond the Allegany mountains?—How strange and contradictory is this conduct?—But we forbear any strictures upon it;—and shall conclude our remarks on this head, by stating the opinion, at different times, of the Lords Commissioners for Trade and Plantations, on this subject.
In 1748, their Lordships expressed the strongest desire to promote settlementsoverthe mountains and on the Ohio.—
In 1768—The then Lords Commissioners for Trade and Plantations declared, (in consequence of the boundary line at that time negociating)—That the inhabitants of themiddle colonieswouldhave liberty of gradually extending themselves backwards.
In 1770—The Earl of Hillsborough actuallyrecommendedthe purchase of a tract of landoverthe mountains, sufficient for a new colony, and then went down to the Lords Commissioners of the Treasury, to know, whether their Lordships would treat with Mr. Walpole and his associates, for such purchase.
In 1772—The Earl of Hillsborough, and the other Lords Commissioners for Trade and Plantations, made areporton the petition of Mr. Walpole and his associates, and referred to therepresentationof the Board of Trade in 1768, "as containingevery argumenton thesubject, collected together with force and precision;"—whichrepresentationdeclared, as we have shewn, "That the inhabitants of the middle colonieswillhave liberty to extend backwards," on the identical lands in question; and yet, notwithstanding suchreference, so strongly made from the present Board of Trade to the opinion of that Board,—the Earl of Hillsborough, and the other Lords Commissioners for Trade and Plantations, havenow, in direct terms,reported againstthe absolute engagement and opinion of the Board in 1768.
It may be asked, What was intended by the expressions in therepresentationof 1768, ofgradually extending themselves backwards? It is answered, They were only in contradistinction to the proposal of erecting at that timethree new governments at Detroit, &c. and thereby exciting, as therepresentationsays, the stream of population tovariousdistant places.—In short, it was, we think, beyond all doubt, the "precise" opinion of the Lords Commissioners in 1768, That the territory, within the boundary line, then negociating, and since completed, would be sufficient at that time—to answer the object ofpopulation and consumption; and that, until that territory was fully occupied,—it was not necessary to erect the proposedthree new governments"at an expence to this kingdom," in places, as their Lordships observed, "separated by immense tracts of unpeopled desart."—
To conclude our observations on the 6th paragraph, we would just remark,—That we presume we have demonstrated, that the inhabitants of the Middle Coloniescannotbe compelled toexchangethe soil and climate of these colonies, either for the severe colds of Nova Scotia and Canada, or the unwholesome heats of East and West Florida. Let us next enquire, what would be the effect ofconfiningthese inhabitants (if it was practicable) within narrow bounds, and thereby preventing them from exercising their natural inclination of cultivating lands?—and whether such restriction would not force them intomanufactures, to rival the Mother Country?—To these questions, the Lords Commissioners have, with much candour, replied in their representation of 1768,—We "admit," said their Lordships, "as an undeniable principle oftrue policy, that, with a view toprevent manufactures, it is necessary and properto openan extent of territory for colonization,proportionedto anincreaseof people, as a large number of inhabitants cooped up in narrow limits, without a sufficiency of landfor produce, would becompelled toconverttheir attention and industry tomanufactures."—But their Lordships at the same time observed,—"That theencouragementgiven to the settlement of the Colonies upon the sea coast, and the effect which such encouragement has had, has alreadyeffectuallyprovided for this object."—In what parts of North America thisencouragementhas thusprovidedforpopulation, their Lordships have not mentioned. If the establishment of the governments of Quebeck, Nova Scotia, and the Island of St. John's, or East and West Florida, was intended by their Lordships as that effectual provision,—we shall presume to deny the proposition, by asserting, as an undoubted truth,—that although there is at least amillionof subjects in the Middle Colonies, none have emigrated from thence, and settled in thesenewprovinces;—and for that reason, and from the very nature of colonization itself, we affirm that nonewill everbe inducedto exchangethe healthy, temperate climate of Virginia, Maryland, and Pennsylvania, for the extreme colds or heats of Canada and Nova Scotia, or East and West Florida:—In short, it is not in the power of Government to give any encouragement, that can compensate for a desertion of friends and neighbours,—dissolution of family connexions, and abandoning a soil and climate infinitely superior to those of Canada, Nova Scotia, or the Floridas.—Will not therefore the inhabitants ofthe middle provinces, whose population is great beyond example5, and who have already made some advances in manufactures, "by confining them to their present narrow limits," be necessarily compelled to convert their whole attention to that object? How then shall this, in the nature of things, be prevented, except, as the Lords Commissioners have justly remarked, "by opening an extent of territory proportionedto their increase?"—Butwhereshall a territory be found proper for "thecolonizationof the inhabitants of the Middle Colonies?" We answer,—in the very country, which the Lords Commissioners have said that the inhabitants of these colonies would have liberty to settle in;—a country which his Majesty has purchased from the Six Nations;—one,whereseveral thousands of his subjects are already settled;—and one,wherethe Lords Commissioners have acknowledged, "a gradual extension might through the medium of a continued population, upon even the same extent of territory,preserve a communicationof mutual commercial benefitsbetweenitsextremest partsand Great Britain."6
VII. This paragraph is introduced, by referring to the extract of a letter from the Commander in chief of his Majesty's forces in North America, laid by the Earl of Hillsborough before the Lords Commissioners for Trade and Plantations;—but as their Lordships havenotmentioned either the general's name, or the timewhenthe letter was written, or what occasioned his delivering his opinion upon the subject ofcolonization in general, in the "remote countries"—we can only conjecture, that General Gage was the writer of the letter, and that it was wrote about the year 1768,—when, the plan of thethree new governmentswas under the consideration of the then Lords Commissioners for Trade and Plantations, andbeforethelands on the Ohio were bought from, and the boundary line established with the Six Nations.—Indeed, we think it clear, That the General hadnoother lands, at that time, under his consideration, than what he calls "remote countries," such as theDetroit,Illinois, and thelowerparts of the Ohio;—for he speaks of "foreign countries," from which it "would betoo farto transport some kind of naval stores," and for the same reason couldnot, he says, supply the sugar islands "withlumber and provisions." He mentions also, planting colonies atso vast a distance, that thevery long transportation[of silk, wine, &c.] must probably make them too dear for any market," andwhere"the inhabitants couldnothaveany commoditiesto barter for manufactures, exceptskins and furs." And what, in our opinion, fully evinces that the general was giving his sentiments upon settlements atDetroit, &c. andnoton the territory in question, is, that he says "it will be a question likewise, whether colonization of this kind,could be effected without an Indian war, and fighting for every inch of the ground." Why the Lords Commissioners for Trade and Plantations should encumber theirreportwith the opinion of General Gage, on what he calls the settlement of a "foreign country" that could not be effected without "fighting for every inch of ground," and how their Lordships could apply that case, to the settlement of a territory,purchased by his Majesty near four years ago, andnowinhabited by several thousand British subjects, whom the Indians themselves, living on the Northern side of the Ohio [as shall be fully shewn in the course of these observations] have earnestly requested may be immediately governed, we confess we are wholly at a loss to comprehend.
VIII. The eighth paragraph highly extols, not only theaccuracy and precisionof the foregoing representation of the Lords of Trade in 1768, [which, as has been before observed, expressed, that the inhabitants of the middle colonieswould have liberty to settle overthe mountains, and on the Ohio], but also the above mentioned letter from the commander in chief in America; and at the same time introduces the sentiments of Mr. Wright, Governor of Georgia, "on the subject of large grants in the interior parts of America."
When this letter was written, what was the occasion of the Governor's writing it,—whether he wasthen, from his own knowledge, acquainted with the situation of the countryoverthe mountains,—with the disposition of the inhabitants of the middle colonies,—with the capability of the Ohio country, from its soil, climate, or communication with the river Powtomack, &c. to supply this kingdom withsilk,flax,hemp, &c.—and whether the principal part of Mr. Wright's estate is on thesea-coastinGeorgia,—arefacts which we wish had been stated, that it might be known whether Governor Wright's "knowledge and experience in the affairs of colonies ought, as the Lords of Trade mention, to give great weight to his opinion" on the present occasion.
The doctrine insisted on by Governor Wright appears to us reducible to the following propositions:
1st, That if avastterritory be granted to any set of Gentlemen, who really mean to people it,—and actually do so,it mustdraw and carry out a great number of people fromGreat Britain.
2d. That they will soon become a kind of separate and independant people; who will set up for themselves,—willsoonhave manufactures of their own,—willneithertake supplies from the mother country, nor the provinces atthe backof which they are settled:—That being at such a distance from the seat ofgovernment, fromcourts,magistrates, &c. andoutof the control of law and government, they will become a receptacle for offenders, &c.
3d. That the sea-coast should bethicksettled with inhabitants, and be well cultivated and improved, &c.
4th. That his ideas arenotchimerical; that he knowssomethingof the situation and state of things in America; and, from somelittleoccurrences that have happened, he can very easilyfigureto himselfwhat may, and,in short,what willcertainly happen, if not prevented in time.
On these propositions we shall take the liberty of making a few observations.
To thefirstwe answer,—We shall, we are persuaded, satisfactorily prove, that in the middle colonies,viz.New Jersey, Pennsylvania, Maryland, and Virginia, there is hardly anyvacant land, except such as is monopolized by great landholders, for the purpose of sellingat high prices;—that the poor people of these colonies, with large families of children,cannotpay these prices;—and that several thousand families, for that reason, havealreadysettled upon the Ohio;—that we do not wish for, and shall not encourage one single family of his Majesty'sEuropean subjectstosettlethere [and this we have no objection to be prevented from doing], but shallwhollyrely on the voluntary super-flux of the inhabitants of the middle provinces for settling and cultivating the lands in question.
On thesecond,—It is not, we presume, necessary for us to say more, than that all the conjectures and suppositions "of being a kind of separate and independant people," &c. entirely lose their force, on the proposition of a government being established on the grant applied for, as the Lords of Trade have themselves acknowledged.
On thethird,—We would only briefly remark, that we have fully answered this objectionin the latter part of our answer to the sixth paragraph.
And as thefourthproposition is merely the Governor's declaration of hisknowledgeofsomethingof the situation and state of things in America, and what, from somelittleoccurrences, that have already really happened, he can very easilyfigureto himself what may andwillcertainly happen, if not prevented in time:—We say, that as the Governor has not mentioned what theselittleoccurrences are,—we cannot pretend to judge, whether what hefiguresto himself, is any ways relative to the object under consideration, or, indeed, what else it is relative to.
But as the Lords Commissioners for Trade and Plantations have thought proper to insert in theirReportthe above-mentioned letters from General Gage and Governor Wright, it may not be improper for us to give the opinion of his Majesty's house of burgesses of the dominion of Virginia, on thevery pointin question, as conveyed to his Majesty in their address of the 4th of August 1767, and delivered the latter end of that year, to the Lords Commissioners for Trade and Plantations, by Mr. Montague, agent for the colony.—The house of burgesses say,—"We humbly hope, that we shall obtain your royal indulgence,when we give it as our opinions, that it will befor your Majesty's service, and the interest of your American dominions in general, to continue the encouragements"(which were atotal exemption from any consideration-money whatsoever, and a remission of quit-rent for ten years, and of all kinds of taxes for fifteen years) "forsettling those frontier lands." By this means the house observed, "Newsettlements will be madeby people of property, obedient subjects to government; but if the present restriction should continue, we have the strongest reason to believe,that country will become the resort of fugitives and vagabonds, defiers of law and order, and who in time may form a body dangerous to the peace and civil government of this colony."
We come now to the consideration of the 9th, 10th, and 11th paragraphs.
In the 9th, the Lords Commissioners for Trade and Plantations observe, "That admitting the settlers over the mountains, and on the Ohio, to be as numerous asreportstates them to be," [and which we shall from undoubted testimony, prove to be not less than five thousand families, of at least six persons to a family, independent of some thousand families, which are also settledoverthe mountains, within the limits of the province of Pennsylvania] yet their Lordships say, "It operates strongly in point of argumentagainstwhat is proposed." And their Lordships add, "if the foregoing reasoning has any weight, it ought certainly to induce the Lords of the Committee of the Privy Council, toadvisehis Majesty totake every methodtocheckthe progress of these settlements; andnotto make such grants of the land, as will have an immediate tendency to encourage them."
Having, we presume, clearly shewn, that the countrysouthwardof the Great Kenhawa, quite to the Cherokee river, belonged to the Six Nations, andnotto the Cherokees;—thatnowit belongs to the king, in virtue of his Majesty's purchase from the Six Nations;—that neither these tribes,northe Cherokees, do hunt between the Great Kenhawa and the land opposite the Sioto River;—that, by the present boundary line, the Lords Commissioners for Trade and Plantations would sacrifice to theCherokeesan extent of Country of at least 800 miles in length—which his Majesty has bought and paid for; that the real limits of Virginia donotextend westward, beyond the Allegany mountains;—that since the purchase of the country from the Six Nations, his Majesty has not annexed it, or any part of it, to the colony of Virginia;—that there are no settlements made underlegal titles, on any part of the lands we have agreed for, with the Lords Commissioners of the Treasury;—that in the year 1748, the strongest marks of royal encouragement were given to settle the countryoverthe mountains; that thesuspensionof this encouragement, by the proclamation of October 1763, was merelytemporary, untill the lands were purchased from the natives;—that the avidity to settle these lands was sogreat, that large settlements were made thereon,before they were purchased;—that although the settlers were daily exposed to the cruelties of the savages, neither a military force, nor repeated proclamations could induce them to vacate these lands;—that the soil of the countryoverthe mountains is excellent, and capable of easily producinghemp,flax,silk,tobacco,iron,wine, &c.;—that these articles can be cheaply conveyed to a seaport for exportation;—that the charge of carriage is so very small, it cannot possibly operate to the prevention of the use of British manufactures; that the king's purchasing the lands from the Indians, and fixing aboundary linewith them, was for the very purpose of his subjects settling them; and that the Commissioners for Trade and Plantations in 1768,—declared, That theinhabitants of the middle colonieswould have liberty for that purpose.—
And to this train of facts,—let us add,—that the congress, held with the Six Nations at Fort Stanwix in 1768,—whenhis Majesty purchased the territory on the Ohio, Messrs. Penn also bought from these nations a very extensive tract of countryoverthe Allegany mountains and on that river (joiningthe very lands in question).—That in the spring 1769, Messrs. Penn opened theirland-officein Pennsylvania, for thesettling the countrywhich they had so bought at Fort Stanwix: and all such settlers as had seated themselvesover the mountains, within the limits of Pennsylvania,beforethe lands were purchased from the natives, havesinceobtained titles for their plantations:—That in 1771, a petition was presented to the assembly of the province of Pennsylvania, praying that anewcounty may be madeoverthese mountains:—That the legislature of that province, in consideration of the great number of families settledthere, within the limits of that province, did that year enact a law, for theerectionof the landsover the mountains into anew county, by the name ofBedford County: That in consequence of such law, William Thompson, Esq. was chosen to represent it in the General Assembly: That a sheriff, coroner, justices of the peace, constables, and other civil officers are appointed and do resideoverthe mountains: That all the king's subjects, who are not less than five thousand families, who have made locations and settlements on the lands,southwardof, and adjoining to thesouthernline of Pennsylvania, livethere, without any degree of order, law, or government: That being in this lawless situation, continual quarrels prevail among them: That they have already infringed theboundary line, killed several Indians, and encroached on the lands, on the opposite side of the Ohio; and that disorders of the most dangerous nature, with respect to the Indians, theboundary-lineand theold colonies, will soon take place among these settlers,if law and subordination are not immediately established among them.—Can these facts be possibly perverted so as to operate, either in point of argument or policy,againstthe proposition of governing the king's subjects on the lands in question?
It ought to be considered also, that we have agreed to pay as much for a smallpartof the cession made at Fort Stanwix, as thewholecession cost the crown, and at the same time be at the entire expence of establishing and supporting the proposed new colony7.
The truth is, the inhabitants settled on this tract of country are in so ungoverned and lawless a situation, that the very Indians themselvescomplain of it; so that, if they arenotsoon 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 theDelawares,Munsies, andMohickons, 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 peoplehave comeoverthe 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 peopleready to embroil in a quarrel, which gives our nations great concern, as we, onourparts, want to live in friendship with you. As you have always told us,you have lawsto 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' powerto governtheir young men; for we assure you, the black clouds begin to gather fast in this country, andif something is not soondone, these clouds will deprive us of seeing the sun. We desire you togive the greatest attentionto 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 peopleready 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 soonthey 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 settlersoverthe mountains beingvery 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 subjectsnotbeing 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,andthereby 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 tosuch persons as may have already settled there under legal titles." To this werepeat, that there areno suchpersons, as have settledunder legal titles, and even admitting there were, as their Lordships say in the 10th paragraph, "itappears to them, there aresome possessionsderived from grants made by the Governor and Council of Virginia;" and allowing that the laws and constitution of Virginiadid, as they unquestionablydo not,—extendto this territory, have the Lords Commissioners proposed any expedient for governing those many thousand families, who havenotsettledunder legal titles, but only agreeably to the ancientusage of location?—Certainly not.—But, on the contrary, their Lordships have recommended, that his Majesty should be advised to take every methodto checkthe 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 considerhowthe laws and constitution of Virginia can possibly beextended, 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?—Donotthe laws of Virginia require, that all persons guilty of capital crimesshallbe triedonlyin 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 thesedistantsettlements, 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 thebackof the provinces, being at adistancefrom theseatofGovernment, Courts, Magistrates, &c. they will beoutof thereachand controul of law and government, and their settlement will become a receptacle, and kind of asylum for offenders?"