Chapter 2

VII. "As to increasing the settlements to respectable provinces, and to colonization _in general terms_ in the _remote_ countries, I conceive it altogether inconsistent with sound policy; for there is little appearance that the advantages will arise from it which nations expect when they send out colonies into _foreign countries_; they can give no encouragement to the fishery, and though the country might afford some kind of naval stores, the distance would be too far to transport them; and for the same reason they could not supply the sugar islands with lumber and provisions. As for the raising wine, silk, and other commodities, the same may be said of the present colonies without planting others for the purpose at so vast a distance; but on the supposition that they would be raised, their very long transportation must probably make them too dear for any market. I do not apprehend the inhabitants could have any commodities to barter for manufactures except skins and furs, which will naturally decrease as the country increases in people, and the desarts are cultivated; so that in the course of a few years necessity would force them to provide manufactures of some kind for themselves; and when all connection upheld by commerce with the mother country shall cease, it may be expected, that an independancy on her government will soon follow; the pretence of forming barriers will have no end; wherever we settle, however remote, there must be a frontier; and there is room enough for the colonists to spread within our present limits, for a century to come. If we reflect how the people of themselves have gradually retired from the coast, we shall be convinced they want no encouragement to desert sea coasts, and go into the back countries, where the lands are better, and got upon easier terms; they are already almost out of the reach of law and government; neither the endeavours of government, or fear of Indians, has kept them properly within bounds; and it is apparently most for the interest of Great Britain to confine the colonies on the side of the back country, and to direct their settlements along the sea coast, where millions of acres are yet uncultivated. The lower provinces are still thinly inhabited, and not brought to the point of perfection that has been aimed at for the mutual benefit of Great Britain and themselves. Although America may supply the mother country with many articles, few of them are yet supplied in quantities equal to her consumption, the quantity of iron transported is not great, of hemp very small, and there are many other commodities not necessary to enumerate, which America has not yet been able to raise, notwithstanding the encouragement given her by bounties and premiums. The laying open new tracts of fertile territory in moderate climates might lessen her present produce; for it is the passion of every man to be a landholder, and the people have a natural disposition to rove in search of good lands, however distant. It may be a question likewise, whether colonization of the kind could be effected _without an Indian war, and fighting for every inch of ground_. The Indians have long been jealous of our power, and have no patience in seeing us approach their towns, and settle up on their hunting grounds; atonements may be made for a fraud discovered in a trader, and even the murder of some of their tribes, but _encroachments_ upon their lands have often produced serious consequences. The springs of the last general war are to be discovered near the Allegany mountains, and upon the banks of the Ohio.

"It is so obvious, that settlers might raise provisions to feed the troops cheaper than it can be transported from the country below, that it is not necessary to explain it; but I must own I know no other use in settlements, or can give any other reason for supporting forts, than to protect the settlements, and keep the settlers in subjection to government.

"I conceive, that to procure all the commerce it will afford, and as little expence to ourselves as we can, is the only object we shall have in view in the interior country, for a century to come; and I imagine it might be effected, by proper management, without either forts or settlements. Our manufactures are as much desired by the Indians, as their peltry is sought for by us; what was originally deemed a superfluity, or a luxury by the natives, is now become a necessary; they are disused to the bow, and can neither hunt, or make war without fire-arms, powder, and lead. The British provinces can only supply them with their necessaries, which they know, and for their own sakes would protect the trader, which they actually do at present. It would remain with us to prevent the trader's being guilty of frauds and impositions, and to pursue the same methods to that end, as are taken in the Southern district; and I must confess, though the plan pursued in that district might be improved by proper laws to support it, that I do not know a better, or more oeconomical plan for the management of trade; there are neither forts nor settlements, in the Southern department, and there are both in the Northern department; and your Lordships will be the best judge, which of them has given you the least trouble; in which we have had the fewest quarrels with, or complaints from the Indians.

"I know of nothing so liable to bring on a serious quarrel with Indians _as an invasion of their property_. Let the savages enjoy their desarts in quiet; little bickerings that may unavoidably sometimes happen, may soon be accommodated; and I am of opinion, independent of the motives of common justice and humanity, that the principles of interest and policy, should induce us rather to protect than molest them: were they driven from their forests, the peltry trade would decrease; and it is _not impossible_ that worse savages would take refuge in them, for they might then become the asylum of fugitive Negroes, and idle vagabonds, escaped from justice, who in time might become formidable, and subsist by rapine, and plundering the lower countries."

VIII. The opinions delivered in the foregoing recitals are so accurate and precise, as to make it almost unnecessary to add any thing more: But we beg leave to lay before your Lordships the sentiments of his Majesty's Governor of Georgia, upon the subject of large grants in the interior parts of America, whose knowledge and experience in the affairs of the colonies give great weight to his opinion.

In a letter to us, on the subject of the mischiefs attending such grants, he expresses himself in the following manner, viz.

"And now, my Lords, I beg your patience a moment, while I consider this matter in a more extensive point of view, and go a little further in declaring my sentiments and opinion, with respect to the granting of large bodies of land, in the back parts of the province of Georgia, or in any other of his Majesty's Northern colonies, at a distance from the sea-coast, or from such parts of any province as are already settled and inhabited.

"And this matter, my Lords, appears to me, in a very serious and alarming light; and I humbly conceive may be attended with the greatest and worst of consequences; for, my Lords, if a vast territory be granted to any set of gentlemen, who really mean to people it, and actually do so, it must draw and carry out a great number of people from Great Britain; and I apprehend they will soon become a kind of separate and independent people, and who will set up for themselves; that they will soon have manufactures of their own; that they will neither take supplies from the mother country, or from the provinces, at the back of which they are settled; that being at a distance from the seat of government, courts, magistrates, &c. &c. they will be out of the reach and controul of law and government; that it will become a receptacle and kind of asylum for offenders, who will fly from justice to such new country or colony; and therefore crimes and offences will be committed, not only by the inhabitants of such new settlements, but elsewhere, and pass with impunity; and that in process of time (and perhaps at no great distance) they will become formidable enough, to oppose his Majesty's authority, disturb government, and even give law to the other or first settled part of the country, and throw every thing into confusion.

"My Lords, I hope I shall not be thought impertinent, when I give my opinion freely, in a matter of so great consequence, as I conceive this to be; and, my Lords, I apprehend, that in all the American colonies, great care should be taken, that the lands on the sea-coast, should be thick settled with inhabitants, and well cultivated and improved; and that the settlements should be gradually extended back into the province, and as much connected as possible, to keep the people together in as narrow a compass _as the nature of the lands, and state of things will admit of_; and by which means there would probably become only one general view and interest amongst them, and the power of government and law would of course naturally and easily go with them, and matters thereby properly regulated, and kept in due order and obedience; and they would have no idea of resisting or transgressing either without being amenable to justice, and subject to punishment for any offences they may commit.

"But, my Lords, to suffer a kind of _province within a province_, and one that may, indeed must in process of time become superior, and too big for the head, or original settlement or seat of government, to me conveys with it many ideas of consequence, of such a nature, as I apprehend are extremely dangerous and improper, and it would be the policy of government to avoid and prevent, whilst in their power to do so.

"My ideas, my Lords, are not chimerical; I know something of the situation and state of things in America; and from some little occurrences or instances that have already really happened, I can very easily figure to myself what may, and, in short, what will certainly happen, if not prevented in time."

IX. At the same time that we submit the foregoing reasoning against colonization in the interior country to your Lordships consideration, it is proper we should take notice of one argument, which has been invariably held forth in support or every proposition of this nature, and upon which the present proponents appear to lay great stress. It is urged, that such is the state of the country now proposed to be granted, and erected into a separate government, that no endeavours on the part of the crown can avail, to prevent its being settled by those who, by the increase of population in the middle colonies, are continually emigrating to the Westward, and forming themselves into colonies in that country, without the intervention or controul of government, and who, if suffered to continue in that lawless state of anarchy and confusion, will commit such abuses as cannot fail of involving us in quarrel and dispute with the Indians, and thereby endangering the security of his Majesty's colonies.

We admit, that this is an argument that deserves attention; and we rather take notice of it in this place, because some of the objections stated by Governor Wright _lose their force upon the supposition that the grants against which he argues are to be erected into separate governments_. But we are clearly of opinion, that his arguments do, in the general view of them, as applied to the question of granting lands in the interior parts of America, stand unanswerable; and _admitting_ that the settlers in the country in question are _as numerous as report states them to be_, yet we submit to your Lordships, that this is a fact which does, in the nature of it, operate strongly in point of argument _against_ what is proposed; for if the foregoing reasoning has any weight, it certainly ought to induce your Lordships 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; a measure which we conceive is altogether as unnecessary as it is impolitic, as we see nothing to hinder the government of Virginia from extending the laws and constitution of that colony to such persons as may have already settled there _under legal titles_.

X. And there is one objection suggested by Governor Wright to the extension of settlements in the interior country, which, we submit, deserves your Lordships particular attention, viz. the encouragement that is thereby held out to the emigration of his Majesty's European subjects; an argument which, in the present peculiar situation of this kingdom, demands very serious consideration, and has for some time past had so great weight with this Board, that it has induced us to deny our concurrence to many proposals for grants of land, even in those parts of the continent of America where, in all other respects, we are of opinion, that it consists with the true policy of this kingdom to encourage settlements; and this consideration of the certain bad consequences which must result from a continuance of such emigrations, as have lately taken place from various parts of his Majesty's European dominions, added to the constant drains to Africa, to the East Indies, and to the new ceded Islands, will we trust, with what has been before stated, be a sufficient answer to every argument that can be urged in support of the present memorial, so far as regards the consideration of it in point of policy.

XI. With regard to the propriety in point of _justice_ of making the grant desired, we presume this consideration can have reference only to the case of such persons who have already possession of lands in that part of the country under legal titles derived from grants made by the Governor and Council of Virginia; upon which case we have only to observe, that it does appear to us, that there are _some_ such possessions held by persons who are not parties to the present Memorial; and therefore, if your Lordships shall be of opinion, that the making the grant desired would, notwithstanding the reservation proposed in respect to such titles, have the effect to disturb those possessions, or to expose the proprietors to suit and litigation, we do conceive, that, in that case, the grant would be objectionable in point of justice.

XII. Upon the whole, therefore, we cannot recommend to your Lordships to advise his Majesty to comply with the prayer of this Memorial, either as to the erection of any parts of the lands into a separate government, or the making a grant of them to the Memorialists; but, on the contrary, we are of opinion, that settlements in that distant part of the country should be as much discouraged as possible; and that, in order thereto, it will be expedient, not only that the orders which have been given to the Governor of Virginia, not to make any further grants beyond the line prescribed by the proclamation of 1763, should be continued and enforced, but that another proclamation should be issued, declaratory of his Majesty's resolution not to allow, for the _present_, any new settlements beyond that line, and to forbid all persons from taking up or settling any lands in that part of the country.

We are,

My Lords,

Your Lordships most obedient and

Most humble servants,

WHITEHALL, April 15, 1772.

OBSERVATIONS on, and ANSWERS to, the foregoing REPORT.

I. The first paragraph of the Report, we apprehend, was intended to establish two propositions as facts;--viz.--

First, That the tract of land agreed for with the Lords Commissioners of the Treasury, contains _part_ of the dominion of Virginia.

Second, That it extends several degrees of longitude _Westward_ from the Western ridge of the _Allegany_ mountains.

On the first proposition we shall only remark, that no part of the above tract is to the _Eastward_ of the Allegany mountains;--and that these mountains must be considered as the true Western boundary of _Virginia_;--for the King was _not_ seised and possessed of a right _to the country Westward_ of the mountains, until his Majesty purchased it, in the year 1768, from the Six Nations: and since that time, there has not been any annexation of such purchase, or of any part thereof, to the colony of Virginia.

On the second proposition,--we shall just observe, that the Lords Commissioners for Trade and Plantations appear to us to be as erroneous in this as in the former proposition; for their Lordships say, that the tract of land under consideration _extends several degrees_ of longitude _Westward_. The truth is, that it is not more, on a medium, than one degree and a half of longitude from the Western ridge of the Allegany mountains to the river Ohio.

II. It appears by the second paragraph, as if the Lords Commissioners for Trade and Plantations apprehended,--that the lands south-westerly of the _boundary line_, marked on a map annexed to their Lordships _report_,--were either claimed by the Cherokees, or were their hunting grounds, or were the hunting grounds of the Six Nations and their confederates.

As to any claim of the Cherokees to the above country, it is altogether new and indefensible; and never was heard of, until the appointment of Mr. Stewart to the superintendency of the Southern colonies, about the year 1764; and this, we flatter ourselves, will not only be obvious from the following state of facts, but that the right to _all the country_ on the Southerly side of the river Ohio, quite to the Cherokee River, is _now_ undoubtedly vested in the King, by the grant which the Six Nations made to his Majesty at Fort Stanwix, in November 1768.--In short, the lands from the _Great Kenhawa_ to the _Cherokee river_ never were, either the dwelling or hunting grounds of the _Cherokees_;--but formerly belonged to, and were inhabited by the _Shawanesse_, until such time as they were conquered by the Six Nations.

Mr. Colden, the present Lieutenant Governor of New York, in his History of the Five Nations, observes, that about the year 1664, "the Five Nations being amply supplied by the English with firearms and ammunition, gave a full swing to their warlike genius. They carried their arms _as far South as Carolina_, to the Northward of New England, and as _far West as the river Mississippi_, over a vast country,--which extended 1200 miles in length from North to South, and 600 miles in breadth,--where they entirely destroyed whole nations, of whom there are no accounts remaining among the English."

In 1701,--the Five Nations put all their hunting lands under the protection of the English, as appears by the records, and by the recital and confirmation thereof, in their deed to the King of the 4th September 1726;--and Governor Pownal, who many years ago diligently searched into the rights of the natives, and in particular into those of the Northern confederacy, says, in his book intituled, the _Administration of the Colonies_, "The right of the Five Nation confederacy to the hunting _lands of Ohio_, Ticucksouchrondite and Scaniaderiada, by the conquest they made, in subduing the _Shaoeanaes_, Delawares (as we call them) Twictwees and Oilinois, may be fairly proved, as they stood possessed thereof at the peace of Reswick 1697."--And confirmatory hereof, Mr. Lewis Evans, a gentleman of great American knowledge, in his map of the middle colonies, published in America in the year 1755, has laid down the country on the _South-easterly side_ of the river Ohio, _as the hunting lands of the Six Nations_; and in his Analysis to this map, he expressly says,--"The _Shawanesse_, who were formerly one of the most considerable nations of those parts of America, whose seat extended from _Kentucke_ South-westward to the Mississippi, have been subdued by the confederates (or Six Nations) _and the country since became their property_. No nation," Mr. Evans adds, "held out with greater resolution and bravery, and although they have been scattered in all parts for a while, they are again collected on _Ohio_, under the dominion of the confederates."

At a congress held in the year 1744, by the provinces of Pennsylvania, Maryland, and Virginia with the Six Nations,--the Commissioners of Virginia, in a speech to the Sachems and Warriors of that confederacy, say, "tell us what nations of Indians you conquered any lands from in Virginia, how long it is since, and what possession you have had; and if it does appear, that there is any land on the _borders_ of Virginia that the Six Nations have a right to, we are willing to make you satisfaction."

To this speech the Six Nations gave the following animated and decisive answer:--"All the world knows we conquered the several nations living on Sasquehanna, Cohongoranto [_i.e._ Powtomack] _and on the back of the great mountains in Virginia_;--the Conoy-uck-suck-roona, Cock-now-was-roonan, Tohoa-irough-roonan, and Connutskin-ough-roonaw _feel_ the effects of our conquests; being now a part of our nations, and their lands at _our_ disposal. We know very well, it hath often been said by the Virginians, that the King of England and the people of that colony conquered the people who lived there; but it is not true. We will allow, they conquered the Sachdagughronaw, and drove back the Tuskaroras [the first resided near the branches of James's River in Virginia, and the latter on these branches] and that they have, on that account, a right to some parts of Virginia; _but as to what lies beyond the mountains, we conquered the nations residing there, and that land_, if the Virginians ever get a _good right to it, it must be by us_."

In the year 1750, the French seized four English traders, who were trading with the Six Nations, Shawanesse and Delawares, on the waters of the Ohio, and sent them prisoners to Quebeck, and from thence to France.

In 1754, the French took a formal possession of the river Ohio, and built forts at Venango,--at the confluence of the Ohio and Monongehela, and at the _mouth of the Cherokee River_.

In 1755, General Braddock was sent to America with an army, to remove the French from their possessions _over_ the Allegany mountains, and on the river Ohio; and on his arrival at Alexandria, held a council of war with the Governors of Virginia, Maryland, Pennsylvania, New York, and the Massachusets Bay;--And as these gentlemen well knew, that the country claimed by the French, _over the Allegany mountains, and South-westerly to the river Mississippi_, was the unquestionable property of the _six Nations_, and _not_ of the Cherokees, or any other tribe of Indians,--the General gave instructions to Sir William Johnson, to call together the Indians of the _Six Nations_, and lay before them their before-mentioned grant to the King in 1726,--wherein they had put all their hunting lands _under his Majesty's protection; to be guaranteed to them, and to their use_:--And as General Braddock's instructions are clearly declaratory of the right of the Six Nations to the lands under consideration, we shall here transcribe the conclusive words of them,--"And it appearing that the French have, from time to time, by fraud and violence, built strong forts _within the limits of the said lands_, contrary to the covenant chain of the said deed and treaties, you are, in my name, to assure the said nations, that I am come by his Majesty's order, to destroy all the said forts, and to build such others, _as shall protect and secure the said lands to them, their heirs and successors for ever_, according to the intent and spirit of the said treaty; and I do therefore call upon them to take up the hatchet, _and come and take possession of their own lands_."