Report of the Lords Commissioners for Trade and Plantations on the Petition of the Honourable Thomas Walpole Part 4

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 as _report_ states 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 settled _over_ the mountains, within the limits of the province of Pennsylvania] yet their Lords.h.i.+ps say, "It operates strongly in point of argument _against_ what is proposed." And their Lords.h.i.+ps add, "if the foregoing reasoning has any weight, it ought certainly to induce the Lords of the Committee of the Privy Council, to _advise_ his Majesty to take every method _to_ CHECK the progress of these settlements; and _not_ to make such grants of the land, as will have an immediate tendency to encourage them."

Having, we presume, clearly shewn, that the country _southward_ of the Great Kenhawa, quite to the Cherokee river, belonged to the Six Nations, and _not_ to the Cherokees;--that _now_ it belongs to the king, in virtue of his Majesty's purchase from the Six Nations;--that neither these tribes, _nor_ the 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 the _Cherokees_ an extent of Country of at least 800 miles in length--which his Majesty has bought and paid for; that the real limits of Virginia do _not_ extend 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 under _legal t.i.tles_, 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 country _over_ the mountains; that the _suspension_ of this encouragement, by the proclamation of October 1763, was merely _temporary_, untill the lands were purchased from the natives;--that the avidity to settle these lands was so great, 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 country _over_ the mountains is excellent, and capable of easily producing _hemp_, _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 a _boundary line_ with them, was for the very purpose of his subjects settling them; and that the Commissioners for Trade and Plantations in 1768,--declared, That the _inhabitants of the middle colonies_ would 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,--_when_ his Majesty purchased the territory on the Ohio, Messrs. Penn also bought from these nations a very extensive tract of country _over_ the Allegany mountains and on that river (_joining_ the very lands in question).--That in the spring 1769, Messrs. Penn opened their _land-office_ in Pennsylvania, for the _settling the country_ which they had so bought at Fort Stanwix: and all such settlers as had seated themselves _over the mountains_, within the limits of Pennsylvania, _before_ the lands were purchased from the natives, have _since_ obtained t.i.tles for their plantations:--That in 1771, a pet.i.tion was presented to the a.s.sembly of the province of Pennsylvania, praying that a _new_ county may be made _over_ these mountains:--That the legislature of that province, in consideration of the great number of families settled _there_, within the limits of that province, did that year enact a law, for the _erection_ of the lands _over the mountains into a_ new county, by the name of _Bedford County_: That in consequence of such law, William Thompson, Esq. was chosen to represent it in the General a.s.sembly: That a sheriff, coroner, justices of the peace, constables, and other civil officers are appointed and do reside _over_ the mountains: That all the king's subjects, who are not less than five thousand families, who have made locations and settlements on the lands, _southward_ of, and adjoining to the _southern_ line of Pennsylvania, live _there_, without any degree of order, law, or government: That being in this lawless situation, continual quarrels prevail among them: That they have already infringed the _boundary 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, the _boundary-line_ and the _old 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, _against_ the 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 small _part_ of the cession made at Fort Stanwix, as the _whole_ cession cost the crown, and at the same time be at the entire expence of establis.h.i.+ng and supporting the proposed new colony[7].

[7] The parliamentary grants for the civil establishment of the provinces of Nova Scotia, Georgia, and East and West Florida, amount to _one million twelve thousand eight hundred and thirty-one pounds two s.h.i.+llings and eight-pence half-penny_, as the following account shews;--and notwithstanding this vast expence, the king has _not_ received any quit-rents from these provinces. How different is the present proposition, for the establishment of the Ohio colony?--In this case, the crown is to be paid for the lands, (and which is the first instance of _any_ being sold in North America). Government is to be _exempted_ from the _expence_ of supporting the colony, and the king will receive his quit-rents, _neat and clear_ of all deductions, (which deductions in the _old_ colonies are at least 20 per centum) as will more particularly appear by a _state_ of the king's quit-rents annexed hereto.

The parliamentary grants above-mentioned are as follow:

To Nova Scotia . 707,320 19 7-1/4 To Georgia 214,610 3 1-1/4 To East Florida 45,400 0 0 To West Florida 45,400 0 0

The truth is, the inhabitants settled on this tract of country are in so ungoverned and lawless a situation, that the very Indians themselves complain of it; so that, if they are _not_ soon governed, an Indian war will be the inevitable consequence. This, we presume, is evident both from the correspondence of general Gage with the Earl of Hillsborough;--and a speech of the chiefs of the _Delawares_, _Munsies_, and _Mohickons_, living on the Ohio, to the governors of Pennsylvania, Maryland, and Virginia; lately transmitted by the general to his lords.h.i.+p.

In this speech these nations observe, that since the sale of the lands to the king on the Ohio,--"_Great numbers more of your people_ have come _over_ the great mountains and settled throughout this country, and we are sorry to tell you, that several quarrels have happened between your people and ours, _in which people have been killed on both sides_, and that we now see the nations round us and your people _ready to embroil in a quarrel_, which gives our nations great concern, as we, on _our_ parts, want to live in friends.h.i.+p with you. As you have always told us, _you have laws_ to govern your people by,--but we do not see that you have; therefore, brethren, _unless you can fall upon some method of governing your people, who live between the great mountains and the Ohio river, and who are very numerous_, it will be out of the Indians' power _to govern_ their young men; for we a.s.sure you, the black clouds begin to gather fast in this country, and _if something is not soon done_, these clouds will deprive us of seeing the sun. We desire you to _give the greatest attention_ to what we now tell you; _as it comes from our hearts_, and a desire we have to live in peace and friends.h.i.+p with our brethren the English, and therefore it grieves us to see some of the nations about us and your people _ready to strike each other_. We find your people are very fond of our rich land;--we see them quarrelling with each other every day about land, and burning one another's houses, so that we do not know how soon _they may come over the river Ohio_, and drive us from our villages; _nor do we see you, brothers, take any care to stop them_."

This speech, from tribes of such great influence and weight upon the Ohio, conveys much useful information--It establishes the fact of the settlers _over_ the mountains being _very numerous_--It shews the entire approbation of the Indians, in respect to a colony being established on the Ohio--It pathetically complains of the King's subjects _not_ being governed, and it confirms the a.s.sertion mentioned by the Lords Commissioners for Trade and Plantations in the eighth paragraph of their report, "That if the settlers are suffered to continue in the lawless state of anarchy and confusion, they will commit such abuses as cannot fail of involving us in quarrels and disputes with the Indians, _and thereby endanger the security of his majesty's colonies_."

The Lords Commissioners for Trade and Plantations however pay no regard to all these circ.u.mstances, but content themselves with observing, "We see nothing to hinder the government of Virginia from extending the laws and const.i.tution of that colony to _such persons as may have already settled there under legal t.i.tles_." To this we _repeat_, that there are _no such_ persons, as have settled _under legal t.i.tles_, and even admitting there were, as their Lords.h.i.+ps say in the 10th paragraph, "it _appears to them_, there are _some possessions_ derived from grants made by the Governor and Council of Virginia;" and allowing that the laws and const.i.tution of Virginia _did_, as they unquestionably _do not_,--_extend_ to this territory, have the Lords Commissioners proposed any expedient for governing those many thousand families, who have _not_ settled _under legal t.i.tles_, but only agreeably to the ancient _usage of location_?--Certainly not.--But, on the contrary, their Lords.h.i.+ps have recommended, that his Majesty should be advised to take every method _to check_ the progress of their settlements;--and thereby leave them in their present lawless situation, at the risk of involving the Middle Colonies in a war with the natives, pregnant with a loss of commerce, and depopulation of their frontier counties.

Having made these observations, it may next be proper to consider _how_ the laws and const.i.tution of Virginia can possibly be _extended_, so as effectually to operate on the territory in question? Is not Williamsburgh, the capital of Virginia, at leaft 400 miles from the settlements on the Ohio?--Do _not_ the laws of Virginia require, that all persons guilty of capital crimes _shall_ be tried _only_ in Williamsburgh?--Is not the General a.s.sembly held there?--Is not the Court of King's-Bench, or the superior Court of the dominion, kept there?--Has Virginia provided any fund for the support of the officers of these _distant_ settlements, or for the transporting offenders, and paying the expence of witnesses travelling 800 miles (_viz._ going and returning), and during their stay at Williamsburgh?--And will not these settlers be exactly (for the reasons a.s.signed) in the situation, described by Governor Wright in the very letter which the Commissioners for Trade and Plantations have so warmly recommended, viz. "such persons as are settled at the _back_ of the provinces, being at a _distance_ from the _seat_ of _Government_, Courts, Magistrates, &c.

they will be _out_ of the _reach_ and controul of law and government, and their settlement will become a receptacle, and kind of asylum for offenders?"

On the 11th paragraph we apprehend it is not necessary to say much.--The reservatory clause proposed in our Memorial is what is usual in royal grants; and in the present case, the Lords of the Committee of the Privy Council, we hope, will be of opinion, it is quite sufficient, more especially as we are able to prove to their Lords.h.i.+ps, that there are no "possessions," within the boundaries of the lands under consideration, which are held "_under legal t.i.tles_."

To conclude: As it has been demonstrated, that neither royal nor provincial proclamations,--nor the dread and horrors of a savage war,--were sufficient (even _before_ the country was purchased from the Indians) to prevent the settlement of the lands _over_ the mountains--can it be conceived, that, _now_ the country is purchased, and the people have seen the proprietors of Pennsylvania, who are the hereditary supporters of _British policy_ in their own province, give every degree of encouragement to _settle_ the lands _Westward_ of the mountains,--the legislature of the province, at the same time, effectually corroborate the measure, and several thousand families, in consequence thereof, settle in the _new county_ of Bedford,--that the inhabitants of the Middle Colonies will _be restrained_ from cultivating the luxuriant country of the Ohio, joining to the _Southern_ line of Pennsylvania? But, even admitting that it might formerly have been a question of some propriety, whether the country should be permitted to be settled,--that cannot surely become a subject of enquiry now, when it is an obvious and certain truth, that _at least thirty thousand British subjects are already settled there_.--Is it fit to leave such a body of people _lawless and ungoverned_?--will sound policy recommend this manner of colonizing and encreasing the wealth, strength, and commerce of the empire? or will it not point out, that it is the indispensible duty of government to render _bad_ subjects _useful_ subjects; and for that purpose _immediately_ to establish law and subordination among them, and thereby _early_ confirm _their_ native attachment to the laws, traffic, and customs of this kingdom?

On the whole, we presume that we have, both by facts and sound argument, shewn, that the opinion of the Lords Commissioners for Trade and Plantations on the object in question, is _not_ well founded, and that, if their Lords.h.i.+ps opinion should be adopted, it would be attended with the most mischievous and dangerous consequences to the commerce, peace, and safety of his Majesty's colonies in America:

We therefore hope, the expediency and utility of erecting the lands agreed for into a separate colony, without delay, will be considered as a measure of the soundest policy, highly conducive to the peace and security of the old colonies, to the preservation of the _boundary line_, and to the commercial interests of the Mother Country.

APPENDIX, No. I.

By the KING.

A PROCLAMATION.

GEORGE R.

Whereas we have taken into our royal consideration the extensive and valuable acquisitions in America, secured to our crown by the late definitive treaty of peace concluded at Paris the 10th day of February last; and being desirous that all our loving subjects, as well of our kingdoms as of our colonies in America, may avail themselves, with all convenient speed, of the great benefits and advantages which must accrue therefrom to their commerce, manufactures, and navigation; we have thought fit, with the advice of our privy council, to issue this our royal proclamation, hereby to publish and declare to all our loving subjects, that we have, with the advice of our said privy council, granted our letters patent under our great seal of Great Britain, to erect within the countries and islands, ceded and confirmed to us by the said treaty, four distinct and separate governments, stiled and called by the names of Quebec, East Florida, West Florida, and Grenada, and limited and bounded as follows, viz.

First, The government of Quebec, bounded on the Labrador coast by the river St. John, and from thence by a line drawn from the head of that river, through the lake St. John, to the South end of the lake Nip.i.s.sim; from whence the said line, crossing the river St. Lawrence and the lake Champlain in 45 degrees of North lat.i.tude, pa.s.ses along the High Lands, which divide the rivers that empty themselves into the said river St. Lawrence, from those which fall into the sea; and also along the North coast of the Baye des Chaleurs, and the coast of the Gulph of St. Lawrence to Cape Rosieres, and from thence crossing the mouth of the river St. Lawrence by the West end of the island of Anticosti, terminates at the aforesaid river St. John.

Secondly, The government of East Florida, bounded to the Westward by the Gulph of Mexico and the Apalachicola river; to the Northward, by a line drawn from that part of the said river where the Catahouchee and Flint rivers meet, to the source of St. Mary's river, and by the course of the said river to the Atlantic Ocean; and to the East and South by the Atlantic Ocean and the Gulph of Florida, including all islands within six leagues of the sea coast.

Thirdly, The government of West Florida, bounded to the Southward by the Gulph of Mexico, including all islands within six leagues of the coast from the river Apalachicola to lake Pontchartrain; to the Westward by the said lake, the lake Maurepas, and the river Mississippi; to the Northward, by a line drawn due East from that part of the Mississippi which lies in thirty-one degrees North lat.i.tude, to the river Apalachicola, or Catahouchee; and to the Eastward by the said river.

Fourthly, The government of Grenada, comprehending the island of that name, together with the Grenadines, and the islands of Dominico, St.

Vincent, and Tobago.

And to the end that the open and free fishery of our subjects may be extended to, and carried on upon the coast of Labrador and the adjacent islands, we have thought fit, with the advice of our said privy council, to put all that coast, from the river St. John's to Hudson's Streights, together with the islands of Anticosti and Madelaine, and all other smaller islands lying upon the said coast, under the care and inspection of our governor of Newfoundland.

We have also, with the advice of our privy council, thought fit to annex the islands of St. John and Cape Breton, or Isle Royale, with the lesser islands adjacent thereto, to our government of Nova Scotia.

We have also, with the advice of our privy council aforesaid, annexed to our province of Georgia, all the lands lying between the rivers Attamaha and St. Mary's.

And whereas it will greatly contribute to the speedy settling our said new governments, that our loving subjects should be informed of our paternal care for the security of the liberty and properties of those who are, and shall become inhabitants thereof; we have thought fit to publish and declare, by this our proclamation, that we have, in the letters patent under our great seal of Great Britain, by which the said governments are const.i.tuted, given express power and direction to our governors of our said colonies respectively, that so soon as the state and circ.u.mstances of the said colonies will admit thereof, they shall, with the advice and consent of the members of our council, summon and call general a.s.semblies within the said governments respectively, in such manner and form as is used and directed in those colonies and provinces in America, which are under our immediate government; and we have also given power to the said governors, with the consent of our said councils, and the representatives of the people, so to be summoned as aforesaid, to make, const.i.tute, and ordain laws, statutes, and ordinances for the public peace, welfare, and good government of our said colonies, and of the people and inhabitants thereof, as near as may be, agreeable to the laws of England, and under such regulations and restrictions as are used in other colonies; and in the mean time, and until such a.s.semblies can be called as aforesaid, all persons inhabiting in, or resorting to, our said colonies, may confide in our royal protection for the enjoyment of the benefit of the laws of our realm of England: for which purpose we have given power under our great seal to the governors of our said colonies respectively, to erect and const.i.tute, with the advice of our said councils respectively, courts of judicature and public justice within our said colonies, for the hearing and determining all causes, as well criminal as civil, according to law and equity, and, as near as may be, agreeable to the laws of England, with liberty to all persons who may think themselves aggrieved by the sentence of such courts, in all civil cases, to appeal, under the usual limitations and restrictions, to us, in our privy council.

We have also thought fit, with the advice of our privy council as aforesaid, to give unto the governors and councils of our said three new colonies upon the continent, full power and authority to settle and agree with the inhabitants of our said new colonies, or to any other person who shall resort thereto, for such lands, tenements, and hereditaments, as are now, or hereafter shall be, in our power to dispose of, and them to grant to any such person or persons, upon such terms, and under such moderate quit-rents, services, and acknowledgments, as have been appointed and settled in other colonies, and under such other conditions as shall appear to us to be necessary and expedient for the advantage of the grantees, and the improvement and settlement of our said colonies.

And whereas we are desirous, upon all occasions, to testify our royal sense and approbation of the conduct and bravery of the officers and soldiers of our armies, and to reward the same, we do hereby command and impower our governors of our said three new colonies, and other our governors of our several provinces on the continent of North America, to grant, without fee or reward, to such reduced officers as have served in North America during the late war, and are actually residing there, and shall personally apply for the same, the following quant.i.ties of land, subject, at the expiration of ten years, to the same quit-rents as other lands are subject to in the province within which they are granted, as also subject to the same conditions of cultivation and improvement, viz.

To every person having the rank of a field officer, 5000 acres.

To every captain, 3000 acres.

To every subaltern or staff officer, 2000 acres.

To every non-commission officer, 200 acres.

To every private man, 50 acres.

We do likewise authorise and require the governors and commanders in chief of all our said colonies upon the continent of North America to grant the like quant.i.ties of land, and upon the same conditions, to such reduced officers of our navy of like rank, as served on board our s.h.i.+ps of war in North America at the times of the reduction of Louisbourg and Quebec in the late war, and who shall personally apply to our respective governors for such grants.

And whereas it is _just_ and _reasonable_, and _essential to our interest_, and the security of our colonies, that the several nations or tribes of Indians, with whom we are connected, and who live under our protection, should not be molested or disturbed in the possession of such parts of our dominions _as, not having been ceded to, or purchased by us, are reserved to them, or any of them, as their hunting grounds_; we do therefore, with the advice of our privy council, declare it to be our royal will and pleasure, that no governor, or commander in chief, in any of our colonies of Quebec, East Florida, or West Florida, do presume, upon any pretence whatever, to grant warrants of survey, or pa.s.s any patents for lands beyond the bounds of their respective governments, as described in their commissions; _as also_ that no governor or commander in chief of our other colonies or plantations in America, do presume for the present, and until our further pleasure be known, to grant warrant of survey, or pa.s.s patents for any lands _beyond the heads or sources of any of the rivers which fall into the Atlantic ocean from the west or north-west_; or upon any lands whatever, _which not having been ceded to, or purchased by us, as aforesaid, are reserved to the said Indians, or any of them_.

And we do further declare it to be our royal will and pleasure, _for the present_, as aforesaid, to reserve under our sovereignty, protection, and dominion, _for the use of the said Indians, all the land and territories not_ included within the limits of our said three new governments, or within the limits of the territory granted to the Hudson's Bay company; _as also, all the land and territories lying to the westward of the sources of the rivers which fall into the sea from the west and north-west as aforesaid_; and we do hereby strictly forbid, on pain of our displeasure, all our loving subjects from making any purchases or settlements whatever, or taking possession of any of the lands above reserved, without our especial leave and licence for that purpose first obtained.

And we do further strictly enjoin and require all persons whatever, who have either wilfully or inadvertently seated themselves upon any lands within the countries above described, or upon any other lands, _which not having being ceded to, or purchased by us_, are still reserved to the Indians as aforesaid, forthwith to remove themselves from such settlements.

And whereas great frauds and abuses have been committed in the purchasing land of the Indians, to the great prejudice of our interests, and to the great dissatisfaction of the said Indians; in order therefore to prevent such irregularities for the future, and to the end that the Indians may be convinced of our justice and determined resolution to remove all reasonable cause of discontent, we do, with the advice of our privy council, strictly enjoin and require, that no private person do presume to make any purchase from the said Indians of any lands reserved to the said Indians within those parts of our colonies where we have thought proper to allow settlement; but that if at any time any of the said Indians should be inclined to dispose of the said lands, the same shall be purchased only for us, in our name, at some public meeting or a.s.sembly of the said Indians, to be held for that purpose by the governor or commander in chief of our colony respectively within which they shall lie: and in case they shall lie within the limits of any proprietaries, conformable to such directions and instructions as we or they shall think proper to give for that purpose: and we do, by the advice of our privy council, declare and enjoin, that the trade with the said Indians shall be free and open to all our subjects whatever, provided that every person who may incline to trade with the said Indians, do take out a licence for carrying on such trade, from the governor or commander in chief of any of our colonies respectively, where such person shall reside, and also the security to observe such regulations as we shall at any time think fit, by ourselves or commissaries, to be appointed for this purpose, to direct and appoint for the benefit of the said trade: and we do hereby authorise, enjoin, and require the governors and commanders in chief of all our colonies respectively, as well those under our immediate government, as those under the government and direction of proprietaries, to grant such licences without fee or reward, taking especial care to insert therein a condition that such licence shall be void, and the security forfeited, in case the person to whom the same is granted, shall refuse or neglect to observe such regulations as we shall think proper to prescribe as aforesaid.

And we do further expressly enjoin and require all officers whatever, as well military as those employed in the management and direction of Indian affairs within the territories reserved, as aforesaid, for the use of the said Indians, to seize and apprehend all persons whatever, who standing charged with treasons, misprisions of treasons, murders, or other felonies or misdemeanours, shall fly from justice and take refuge in the said territory, and to send them under a proper guard to the colony where the crime was committed of which they shall stand accused, in order to take their trial for the same.

Given at our court at St. James's, the 7th of October 1763, in the third year of our reign.

G.o.d save the KING.