Report of the Lords Commissioners for Trade and Plantations on the Petition of the Honourable Thomas Walpole Part 2

And on the 16th of March 1748-9, an _instruction_ was sent to the Governor of Virginia to grant 500,000 acres of land _over the Allegany mountains_ to the aforesaid Mr. Hanbury and his partners (who are now _part_ of the company of Mr. Walpole and his a.s.sociates); and that instruction sets forth, That "_such settlements will be for our interest_, and the _advantage and security of our said colony, as well as the advantage of the neighbouring ones_;--inasmuch as our loving subjects _will be thereby enabled to cultivate a friends.h.i.+p, and carry on a more extensive commerce_ with 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 settlements _over_ the Allegany mountains were not against the King's interest, _nor_ at such a distance from the sea-coast, as to _be without_ "the _reach_ of the trade and commerce of this kingdom," nor _where_ its authority or jurisdiction could not be exercised.--But the _Report_ under consideration suggests, that two capital objects of the proclamation of 1763 were, _to confine_ future settlements to the "sources of the rivers which fall into the sea from the West and North-West," (or, in other Words, to the _Eastern 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 the _whole_ of this proclamation is considered, it will be found to contain the nine following heads; viz.[1]

[1] Vide the Proclamation in the Appendix, No. 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 pa.s.sing patents for lands, _beyond_ the bounds of their respective governments.

5th, To forbid the governors of any other colonies or plantations in America, from granting warrants or pa.s.sing patents for 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 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 lands _not_ included within the limits of the said three new governments, or within the limits of the Hudson's Bay company; as also, 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 lands _so reserved_, without his Majesty's leave and licence first obtained.

7th, To require all persons, who had made settlements on lands, _not_ purchased 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, _where_ they 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 to _convince_ the Indians "of his Majesty's justice and determined resolution to remove all reasonable cause of discontent," by interdicting all settlements on land, not _ceded to or purchased by his Majesty_; and declaring it to be, as we have already mentioned, his royal will and pleasure, "for _the 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 had _no use_ for those lands, which are bounded _westerly_ by the _south-east side_ of 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 the _Report_).--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 design of 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 a _more precise and determinate boundary line_, than was settled by the proclamation of October 1763, viz.

1st, Partly for want of _precision_ in the one intended to be marked by the proclamation of 1763.

2d, And partly from a consideration of justice in regard to _legal t.i.tles 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 lands _westward_ of the Allegany mountains, was for no other purpose than to _reserve_ them, under his Majesty's protection, for _the 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, could _not_ possibly be fixed and described with more _precision_, 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 the Indians for fixing a more _precise_ and determinate boundary "_partly from a consideration of justice, in regard to legal t.i.tles to lands_,"--for there were _none_ such (as we shall prove) comprehended within the tract _now_ under consideration.

But for a full comprehension of ALL the 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 it _then_ in 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, _where_ the 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 respectable _boundary line_, beyond which his Majesty's subjects should _not_ be 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 the _boundary_ before them, 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 the _settling 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 and_ YOU 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, and _securing your property_ to 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 agree with 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 have _so far consulted the increasing state of our people, as to make any convenient cessions of ground_ where it is most wanted, that then you will receive a considerable present in return for your friends.h.i.+p."

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 establis.h.i.+ng the _boundary line_, or from some other public cause, unknown to us,--no measures were adopted, until the latter end of the year 1767, for _completing_ the negotiation about this boundary line.--But in the mean time, viz. between the years 1765 and 1768,--the King's subjects removed in _great_ numbers from Virginia, Maryland, and Pennsylvania, and settled _over_ the 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 was _that year_ sent from the garrison of Fort Pitt, to remove such settlers as were seated at _Red 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 and _increasing_, on account of the settling of their lands _over_ the 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_, which _was attempted this summer by the garrison at Fort Pitt_, has _been only a temporary expedient_. We learn they are _returned again_ to the same _encroachments_ on Red Stone Creek and Cheat River in _greater numbers than ever_."[2]

[2] Vide p. 47.

On the 5th of January 1768, the governor of Pennsylvania sent a message to the general a.s.sembly of the province with the foregoing letter from General Gage,--and on the 13th the a.s.sembly 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 speedy _confirmation_ of the _boundary_, 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 country _to settle or hunt in, without interfering with them_."

On the 19th of January 1768, Mr. Galloway, the speaker of the a.s.sembly 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 the _boundary_, the natives have warmly complained of, _and that although they have received no consideration_ for the _lands agreed to be ceded to the crown on our_ side 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 country _settled 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; but _settlements_ are still _extending further into our country_: some of them are made directly on our war-path, leading to our enemies' country, and we do not like it. Brother, you have _laws among you_ to govern your people by; and it will be the strongest proof of the sincerity of your friends.h.i.+p, 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 a.s.sembly (making it _felony of death_ without benefit of clergy, to continue on Indian lands) to such settlers _over_ the 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 twice _ineffectually_ sent 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 a.s.sembly 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 immediately transmitted to Sir William Johnson for that purpose.

It is plain therefore, that the proclamation of October 1763 was _not_ designed, as the Lords Commissioners for Trade and Plantations have suggested, to signify the policy of this kingdom, _against_ settlements _over_ the Allegany mountains, _after_ the King had actually purchased the territory; and that the _true_ reasons 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 the _interior parts_, which their Lords.h.i.+ps say, have been, in consequence of the extension of the boundary line, submitted to the consideration of government, particularly in _that part of the country_, wherein are situated the lands now prayed for, and the danger of complying with such proposals have been so obvious, as to _defeat_ every 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 been _defeated_, 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 a _part_ of 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 would _grant_ to them, without _any purchase-money_, 2,500,000 acres of land _in one or more surveys_, to be located between the 38th and 42d degrees of lat.i.tude, _over the Allegany mountains_, and on condition of their possessing these lands 12 _years_ WITHOUT _the payment of any quit-rent_, (the same _not_ to begin until the whole 2,500,000 acres were surveyed) and that they should be obliged to settle only 200 _families in_ 12 _years_.--Surely, the Lords Commissioners did not mean this proposition as one that was similar, and would _apply_ to the case now _reported_ upon;--and especially as Dr. Lee and his a.s.sociates 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 the _whole_ expence of establis.h.i.+ng 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 great force and precision in a representation made to his Majesty_ by the Lords Commissioners for Trade and Plantations, in March 1768."

That it may be clearly understood, what was the occasion of this _representation_, 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_," three _new governments_ in North America, _viz._ one at _Detroit_ [on the waters between Lake Huron and Lake Erie]; one in the _Illinois Country_, and one on the _lower_ part of the River Ohio; and in consequence such idea, a _reference_ was made by his lords.h.i.+p to the Lords Commissioners for Trade and Plantations, for their opinion upon these proposed _new_ governments.

Having plainly explained the cause of the _representation_, which is so very strongly and earnestly insisted upon by the Lords Commissioners for Trade and Plantations, as containing "_every argument on the subject_ of the lands which is at present before your lords.h.i.+ps;" we shall now give our reasons for apprehending, _that it_ is so far from applying against our case, that it actually declares a permission would be given to settle the very lands in question.

Three princ.i.p.al reasons are a.s.signed in the _representation_, "as conducive to the great object of colonizing upon the continent of North America, _viz._"

1st. "Promoting the advantageous fishery carried on upon the _northern coast_."

2dly. "Encouraging the growth and culture of naval stores, and of _raw 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 colonies _southward_ of them, have _not_, and from the nature of their situation and commerce will _not_, promote the _fishery_, 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 colony _will_ likewise be, if the production of _staple commodities_ is allowed to be within that description.

On the 2d and 3d general reasons of the _Representation_ we shall observe, that no part of his Majesty's dominions in North America, will require less _encouragement_ "for the growth and culture of naval stores and raw materials; and for the supplying the islands with 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 of _only 40 miles_, the produce of the lands of the Ohio can, even _now_, be sent _cheaper_ to 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 sent _from Northampton to London_.

Third, The river Ohio is, at _all_ seasons 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 s.h.i.+ps may be built on the Ohio, and sent laden with _hemp_, _iron_, _flax_, _silk_, &c. to this kingdom.

Fourth, Flour, corn, beef, s.h.i.+p-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 sent _down_ the _stream_ of 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;--where _waggonage_ is cheaper than in any other part of North America.

Sixth, The expence of transporting British manufactories from the sea to the Ohio colony, will _not_ be so much, as is now paid and must ever be paid, to a great part of the counties of _Pennsylvania_, _Virginia_, and _Maryland_.