5th. That the House of Burgesses of the colony of Virginia have, upon good grounds, asserted, [such as properly arise from the nature of their stations, and proximity to the Cherokee country], that the Cherokees had not any just pretensions to the territory Southward of the Great Kenhawa.
And lastly, That neither the Six Nations, the Shawanesse nor Delawares, do now reside, or hunt in that country.
From these considerations, it is evident no possible injury can arise to his Majesty's Service,—to the Six Nations and their confederacy,—or to the Cherokees, by permitting us to settle the whole of the lands comprehended within our contract with the Lords Commissioners of the Treasury:—If, however, there has been any treaty held with the Six Nations, since the cession made to his Majesty at Fort Stanwix, whereby the faith of the crown is pledged, both to the Six Nations and the Cherokees, that no settlements should be made beyond the line, marked on their Lordships report; we say, if such agreement has been made by the orders of government with these tribes, (not withstanding, as the Lords Commissioners have acknowledged, "the Six Nations had ceded the property in the lands to his Majesty)"—We flatter ourselves, that the objection of their Lordships in the second paragraph of their Report, will be entirely obviated, by a specific clause being inserted in the King's grant to us, expressly prohibiting us from settling any part of the same, until such time as we shall have first obtained his Majesty's allowance, and the full consent of the Cherokees, and the Six Nations and their confederates, for that purpose.
III. In regard to the third paragraph of their Lordships Report, that it was the principle of the board of trade, after the treaty of Paris, "to confine the western extent of settlements to such a distance from the sea-coast, as that these settlements should lie within the reach of the trade and commerce of this kingdom," &c. we shall not presume to controvert;—but it may be observed, that the settlement of the country over the Allegany mountains, and on the Ohio, was not understood, either before the treaty of Paris, nor intended to be so considered by his Majesty's proclamation of October 1763, "as without the reach of the trade and commerce of this kingdom," &c.;—for, in the year 1748, Mr. John Hanbury, and a number of other gentlemen, petitioned the King for a grant of 500,000 acres of land over the Allegany mountains, and on the river Ohio and its branches; and the Lords Commissioners for Trade and Plantations were then pleased to report to the Lords committee of his Majesty's most honourable privy council, "That the settlement of the country, lying to the westward of the great mountains, as it was the center of the British dominions, would be for his Majesty's interest, and the advantage and security of Virginia and the neighbouring colonies."
And on the 23d of February 1748-9, the Lords Commissioners for Trade and Plantations again reported to the Lords of the committee of the privy council, that they had "fully set forth the great utility and advantage of extending our settlements beyond the great mountains ("which Report has been approved of by your Lordships").—And as, by these new proposals, there is a great probability of having a much larger tract of the said country settled than under the former, we are of opinion, that it will be greatly for his Majesty's service, and the welfare and security of Virginia, to comply with the prayer of the petition."
And on the 16th of March 1748-9, an instruction was sent to the Governor of Virginia to grant 500,000 acres of land over the Allegany mountains to the aforesaid Mr. Hanbury and his partners (who are now part of the company of Mr. Walpole and his associates); and that instruction sets forth, That "such settlements will be for our interest, and the advantage and security of our said colony, as well as the advantage of the neighbouring ones;—inasmuch as our loving subjects will be thereby enabled to cultivate a friendship, and carry on a more extensive commerce with the nations of Indians inhabiting those parts; and such examples may likewise induce the neighbouring colonies to turn their thoughts towards designs of the same nature."—Hence we apprehend, it is evident, that a former board of trade, at which Lord Halifax presided, was of opinion, that settlements over the Allegany mountains were not against the King's interest, nor at such a distance from the sea-coast, as to be without "the reach of the trade and commerce of this kingdom," nor where its authority or jurisdiction could not be exercised.—But the Report under consideration suggests, that two capital objects of the proclamation of 1763 were, to confine future settlements to the "sources of the rivers which fall into the sea from the West and North-West," (or, in other Words, to the Eastern side of the Allegany mountains) and to the three new governments of Canada, East Florida, and West Florida;—and to establish this fact, the Lords Commissioners for Trade and Plantations recite a part of that proclamation.
But if the whole of this proclamation is considered, it will be found to contain the nine following heads; viz.[1 ]
1st, To declare to his Majesty's subjects, that he had erected four distinct and separate governments in America; viz. Quebec, East Florida, West Florida, and Grenada.
2d, To ascertain the respective boundaries of these four new governments.
3d, To testify the royal sense and approbation of the conduct and bravery, both of the officers and soldiers of the King's army, and of the reduced officers of the navy, who had served in North America, and to reward them, by grants of lands in Quebec, and in East and West Florida, without fee or reward.