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Report of the Lords Commissioners for Trade and Plantations on the Petition of the Honourable Thomas Walpole, Benjamin Franklin, John Sargent, and Samuel Wharton, Esquires, and their Associates
by Great Britain Board of Trade
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From the year 1722 to 1731,—250 ships were, on a medium, sent each year to St. Petersburgh, Narva, Riga, and Archangel, for hemp, 250 Ships.

And from the year 1762 to 1771,—500 ships were also sent for that purpose, 500 ————— Increase in ten years, 250 Ships.

Here then, it is obvious that in the last ten years 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 on foreigners for 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 yielding naturally the very commodity, which draws our money from us, and renders us dependent on Russia for it[3].—

[3] "It is in settlements on the Mississippi and Ohio that we must look for hemp and flax, which may in those fertile tracts be cultivated in such abundance, as to enable us to undersell all the world, as well as supply our own consumption. It is on those high, dry, and healthy lands, that vineyards would be cultivated to the best advantage, as many of those hills contain quarries of stone, and not in the low, unhealthy sea coasts of our present colonies. Of such infinite consequence to Britain is the production of staples in her colonies, that were all the people of the Northern settlements, and all of the tobacco ones (except those actually employed in raising tobacco) now spread over those parts of our territories to the Southward and Westward, and consequently employed in the same manner as the few are who do reside therein, Britain, in such a case, would export to the amount of above nine millions more in manufactures, &c. than she does at present, without reckoning the infinite increase in public revenue, freight, and seamen, which would accrue. To enlarge upon all the advantages of such a change, would be impertinence itself."

Political Essays concerning the British Empire.

As we have only hitherto generally stated the small expence 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 their report, 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 during the last French war (when there was no back carriage from the Ohio to Alexandria) as it will be found, it was even then only about a halfpenny per pound, as will appear from the following account, the truth of which we shall fully ascertain, viz.

From Alexandria to Fort l. s. d. Cumberland, by water. 0 1 7 per cwt.

From Fort Cumberland to Redstone Creek, at 14 dollars per waggon load; each waggon carrying 15 cwt. 0 4 2 ————————————- 0 5 9

Note, The distance was then 70 miles, but by a new waggon road, lately made, it is now but forty miles—a saving of course, of above one half the 5s. 9d. is at present experienced.

If it is considered that this rate of carriage was in time of war, and when there were no inhabitants on the Ohio, we cannot doubt but every intelligent mind will be satisfied, that it is now much less than is daily paid in London for the carriage of coarse woollens, cutlery, iron ware, &c. from several counties in England.

The following is the cost of carriage from Birmingham, &c. viz.

From Birmingham to London, is 4s. per cwt. From Walsall in Staffordshire 5s. From Sheffield 8s. From Warrington 7s.

If the lands which are at present under consideration are, as the Lords Commissioners for Trade and Plantations say, "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 the new-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 are now actually shipping British manufactures for the use of the very settlers on the lands in question, does that exportation come within the Lords Commissioners description of what is "out of all advantageous intercourse with this kingdom?" In short, the Lords Commissioners admit, upon their own principles, that it is a political and advantageous intercourse with this kingdom, when the settlements and settlers are confined to the Eastern side of the Allegany mountains. Shall then the expence of carriage, even of the very coarsest and heaviest cloths, or other articles, from the mountains to the Ohio, only about 70 miles, and which will not, at most, encrease the price of carriage above 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, out of all advantageous intercourse with this kingdom?"—On the whole, "if the poor Indians in the remote parts of North America are now able 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, to inhance their 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 is no other allowable market for the sale of these articles than in this kingdom?—And if "the growths of the country find their way out of it, will not the manufactures of this kingdom, where the 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 their representation of 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 the representation, "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 the middle 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 to force the people of the middle provinces, 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 provinces[4]. 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, born and living in a temperate climate, and in the neighbourhood of a rich, healthful, and uncultivated country, to travel several hundred miles to a sea port in order to make a voyage to sea; and settle either in extreme hot or cold latitudes. If the county of York was vacant and uncultivated, and the more Southern inhabitants of this island were in want of land, would they suffer themselves to be driven to the North of Scotland?—Would they not, in spite of all opposition, first possess themselves of that fertile country?—Thus much we have thought necessary to remark, in respect to the general principles laid down in the representation of 1768; and we hope we have shewn, that the arguments therein made use of, do not in any degree militate against the subject in question; but that they were intended, and do solely apply to "new colonies proposed to be established," as the representation says, "at an expence to this kingdom," at the distance of "above 1500 miles from the sea, which from their inability to find returns, wherewith to pay for the manufactures of Great Britain, will be probably led to manufacture for themselves, as they would," continues the representation, "be separated from the old colonies by immense tracts of unpeopled desart."—

[4] "We think of nothing but extending our settlements still further on these pestiferous sea coasts, even to the sunken lagunes of East Florida, and the barren sands of Mobile and Pensacola. The only use of new settlements in North America, is for the people in the Northern and other colonies, who want lands to make staple commodities for Britain, to remove to them: but none will ever go to Florida, or thrive in it, more than they have done in Carolina and Georgia. The climate of Florida is more intemperate, the lands more barren, and the situation much worse in every respect."

State of Great Britain and America, by Dr. Mitchel.

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 the boundary line, then negociating with the Indians (and which was the one that was that year perfected) should continue a useless wilderness, or be settled and occupied by his Majesty's subjects.—The very representation itself, 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 opinion against the proposed 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 inhabitants OF THE middle colonies WILL HAVE (in consequence of the proposed boundary line with the Indians) of gradually extending themselves backwards, will more effectually and beneficially answer the object of encouraging population and consumption, than the erection of new governments; such gradual extension might, through the medium of a continual population, upon even the same extent of territory, preserve a 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, in favour of the proposition which we have humbly submitted to his Majesty?—for their Lordships positively say, that the inhabitants of the middle colonies will have liberty of gradually extending themselves backwards;—but is it not very extraordinary, that after near two years deliberation, the present Lords Commissioners for Trade and Plantations should make a report to 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 his Majesty to check the progress of their settlements?"—And that "settlements in that distant part of the country ought to be discouraged as much as possible, and another proclamation should be issued declaratory of his Majesty's resolution, not to 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 settlements over the 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 the middle colonies would have liberty of gradually extending themselves backwards.

In 1770—The Earl of Hillsborough actually recommended the purchase of a tract of land over the 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 a report on the petition of Mr. Walpole and his associates, and referred to the representation of the Board of Trade in 1768, "as containing every argument on the subject, collected together with force and precision;"—which representation declared, as we have shewn, "That the inhabitants of the middle colonies WILL have liberty to extend backwards," on the identical lands in question; and yet, notwithstanding such reference, 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, have now, in direct terms, reported against the absolute engagement and opinion of the Board in 1768.

It may be asked, What was intended by the expressions in the representation of 1768, of gradually extending themselves backwards? It is answered, They were only in contradistinction to the proposal of erecting at that time three new governments at Detroit, &c. and thereby exciting, as the representation says, the stream of population to various distant 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 of population and consumption; and that, until that territory was fully occupied,—it was not necessary to erect the proposed three 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 Colonies cannot be compelled to exchange the 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 of confining these 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 into manufactures, 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 of true policy, that, with a view to prevent manufactures, it is necessary and proper to open an extent of territory for colonization, proportioned to an increase of people, as a large number of inhabitants cooped up in narrow limits, without a sufficiency of land for produce, would be compelled to convert their attention and industry to manufactures."—But their Lordships at the same time observed,—"That the encouragement given to the settlement of the Colonies upon the sea coast, and the effect which such encouragement has had, has already effectually provided for this object."—In what parts of North America this encouragement has thus provided for population, 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 a million of subjects in the Middle Colonies, none have emigrated from thence, and settled in these new provinces;—and for that reason, and from the very nature of colonization itself, we affirm that none will ever be induced to exchange the 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 of the middle provinces, whose population is great beyond example[5], 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 proportioned to their increase?"—But where shall a territory be found proper for "the colonization of the inhabitants of the Middle Colonies?" We answer,—in the very country, which the Lords Commissioners have aid that the inhabitants of these colonies would have liberty to settle in;—a country which his Majesty has purchased from the Six Nations;—one, where several thousands of his subjects are already settled;—and one, where the Lords Commissioners have acknowledged, "a gradual extension might through the medium of a continued population, upon even the same extent of territory, preserve a communication of mutual commercial benefits between its extremest parts and Great Britain."[6]

[5] "Besides staple commodities, there is another more material point to be considered in the colonies, which is their great and daily increase; and for which, unless we make provision in time, they can never subsist by a dependance on Britain. There are at present (in the year 1770) nigh three millions of people in them, who may, in twenty or thirty years, increase to six millions, as many as there are in England."

Wynne's History of the British Empire in America, vol. ii. page 398.

[6] Thus the use the nation has for new settlements and acquisitions in North America is for the great increase of the people who are already there, and to enable them to subsist by a dependance upon her; which they can never do, unless they extend their settlements.

Wynne's History, vol. ii. p. 399.

"Unprejudiced men well know, that all the penal and prohibitory laws that ever were thought of, will not be sufficient to prevent manufactures in a country whose inhabitants surpass the number that can subsist by the by the husbandry of it; and this will be the case soon, if our people remain confined within the mountains," &c.

The Interest of Great Britain considered with regard to the Colonies, page 17. Published in 1767.

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 have not mentioned either the general's name, or the time when the letter was written, or what occasioned his delivering his opinion upon the subject of colonization 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 the three new governments was under the consideration of the then Lords Commissioners for Trade and Plantations, and before the lands on the Ohio were bought from, and the boundary line established with the Six Nations.—Indeed, we think it clear, That the General had no other lands, at that time, under his consideration, than what he calls "remote countries," such as the Detroit, Illinois, and the lower parts of the Ohio;—for he speaks of "foreign countries," from which it "would be too far to transport some kind of naval stores," and for the same reason could not, he says, supply the sugar islands "with lumber and provisions." He mentions also, planting colonies at so vast a distance, that the very long transportation [of silk, wine, &c.] must probably make them too dear for any market," and where "the inhabitants could not have any commodities to barter for manufactures, except skins and furs." And what, in our opinion, fully evinces that the general was giving his sentiments upon settlements at Detroit, &c. and not on 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 their report with 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, and now inhabited 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 the accuracy and precision of the foregoing representation of the Lords of Trade in 1768, [which, as has been before observed, expressed, that the inhabitants of the middle colonies would have liberty to settle over the 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 was then, from his own knowledge, acquainted with the situation of the country over the 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 with silk, flax, hemp, &c.—and whether the principal part of Mr. Wright's estate is on the sea-coast in Georgia,—are facts 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 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.

2d. That they will soon become a kind of separate and independant people; who will set up for themselves,—will soon have manufactures of their own,—will neither take supplies from the mother country, nor the provinces at the back of which they are settled:—That being at such a distance from the seat of government, from courts, magistrates, &c. and out of the control of law and government, they will become a receptacle for offenders, &c.

3d. That the sea-coast should be thick settled with inhabitants, and be well cultivated and improved, &c.

4th. That his ideas are not chimerical; that he knows something of the situation and state of things in America; and, from some little occurrences that have happened, he can very easily figure to himself what may, and, in short, what will certainly happen, if not prevented in time.

On these propositions we shall take the liberty of making a few observations.

To the first we answer,—We shall, we are persuaded, satisfactorily prove, that in the middle colonies, viz. New Jersey, Pennsylvania, Maryland, and Virginia, there is hardly any vacant land, except such as is monopolized by great landholders, for the purpose of selling at high prices;—that the poor people of these colonies, with large families of children, cannot pay these prices;—and that several thousand families, for that reason, have already settled upon the Ohio;—that we do not wish for, and shall not encourage one single family of his Majesty's European subjects to settle there [and this we have no objection to be prevented from doing], but shall wholly rely on the voluntary super-flux of the inhabitants of the middle provinces for settling and cultivating the lands in question.

On the second,—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 the third,—We would only briefly remark, that we have fully answered this objection in the latter part of our answer to the sixth paragraph.

And as the fourth proposition is merely the Governor's declaration of his knowledge of something of the situation and state of things in America, and what, from some little occurrences, that have already really happened, he can very easily figure to himself what may and will certainly happen, if not prevented in time:—We say, that as the Governor has not mentioned what these little occurrences are,—we cannot pretend to judge, whether what he figures to 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 their Report the 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 the very point in 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 be for your Majesty's service, and the interest of your American dominions in general, to continue the encouragements" (which were a total exemption from any consideration-money whatsoever, and a remission of quit-rent for ten years, and of all kinds of taxes for fifteen years) "for settling those frontier lands." By this means the house observed, "New settlements will be made by 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 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 Lordships say, "It operates strongly in point of argument against what 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, 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 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 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 titles for their plantations:—That in 1771, a petition was presented to the assembly 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 Assembly: 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 establishing 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 shillings 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 L. 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 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 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 friendship 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 assure 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 friendship 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 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, and thereby 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 to such persons as may have already settled there under legal titles." To this we repeat, that there are no such persons, as have settled under legal titles, and even admitting there were, as their Lordships 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 constitution 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 titles, but only agreeably to the ancient usage of location?—Certainly not.—But, on the contrary, their Lordships 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 constitution 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 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 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 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 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 Lordships, that there are no "possessions," within the boundaries of the lands under consideration, which are held "under legal titles."

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 Lordships 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 Nipissim; from whence the said line, crossing the river St. Lawrence and the lake Champlain in 45 degrees of North latitude, passes 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 latitude, 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 constituted, given express power and direction to our governors of our said colonies respectively, that so soon as the state and circumstances of the said colonies will admit thereof, they shall, with the advice and consent of the members of our council, summon and call general assemblies 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, constitute, 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 assemblies 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 constitute, 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 quantities 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 quantities of land, and upon the same conditions, to such reduced officers of our navy of like rank, as served on board our ships 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 pass 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 pass patents for any lands beyond the heads or sources of any of the rivers which fall into the Atlantic ocean from the west or north-west; or upon any lands whatever, which not having been ceded to, or purchased by us, as aforesaid, are reserved to the said Indians, or any of them.

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 assembly 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.

GOD save the KING.



APPENDIX, No. II.

STATE of the KING's QUIT-RENTS in NORTH AMERICA.

Consideration The time the Quit-rents Expence to the money paid lands are received. country for the to King exempted from support of the for the quit-rent. civil government lands. of the colonies.

Isl. of None 20 years. None —— St. John

Nova Scotia {And yet no } L s. d. None — 10 years. {quit-rents } 707,320 19 7-1/4 {have been } {received, } {tho' the } {colony was } {established} {22 years } {ago. }

Canada None —— ——

Massachussets } None — {Wholly exempt } Connecticut } {from quit-rents } None None Rhode Island } {and all payments} {to the crown. }

N. Hampshire None —— None None

New York None {This colony was } —— None {restored to the } — {crown in the } {year 1693-4, } {and yet from } {that time } {very little } {quit-rents have } {been received. }

New Jersey } None {Wholly exemp } None None Pensylvania } {from quit-rents } Maryland } {and all } {payments to the } {crown. }

Virginia None {This colony was } —— —— {re-assumed by } {the crown in } {the year 1626; } {and yet for a } {great number of } {years, the } {quit-rents were } {not paid at } {all;—never } {with any } {regularity till } {within a very } {few years; and } {now from what } {is paid there } {is a deduction } {of at least } {20 per cent. }

N. & S. } None —— —— —- Carolina. }

Georgia None {This colony was } None 214,610 3 1-1/2 {settled in the } {year 1735, } {and yet no } {quit-rents have } {been received. }

E. & W. Florida None 10 years. None 90,900 0 0

But it is {L10,460 } {The quit-rents } {All the } proposed to {7s. } {to commence in } {expenses } pay for the {3d. } {twenty years } {of the civil} colony on the {which is } {from the time } {government } Ohio. {all the } {of the survey } {of the } {money the } {of each lot } {colony, to } {whole } {or plantation, } {be borne } {country } {and to be } {and paid } {(of which } {paid into the } {by the } {this is } {hands of such } {propriators.} {only a } {person as } {small } {his Majesty } {part) cost} {shall appoint } {government} {to receive } {for the } {the same, net } {cession } {and clear of } {from the } {all deductions } {Six } {whatsoever, } {Nations. } {for collections } {or otherwise. }

THE END

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