2d, And partly from a consideration of justice in regard to legal titles to lands.
We have, we presume, fully proved, in our observations on the third paragraph,—That the design of the proclamation, so far as it related to lands westward of the Allegany mountains, was for no other purpose than to reserve them, under his Majesty's protection, for the present, for the use of the Indians; to which we shall only add, That the line established by the proclamation, so far as it concerned the lands in question, could not possibly be fixed and described with more precision, than the proclamation itself describes it; for it declares,—That "all the lands and territories lying to the westward of the sources of the rivers, which fall into the sea from the west and north-west," should be reserved under his Majesty's protection.
Neither, in our opinion, was his Majesty induced to enter into engagements with the Indians for fixing a more precise and determinate boundary "partly from a consideration of justice, in regard to legal titles to lands,"—for there were none such (as we shall prove) comprehended within the tract now under consideration.
But for a full comprehension of all the reasons for his Majesty's "entering into engagements with the Indians, for fixing a more precise and determinate boundary line," than was settled by the royal proclamation of Oct. 1763, we shall take the liberty of stating the following facts:—In the year 1764, the King's ministers had it then in contemplation, to obtain an act of parliament for the proper regulation of the Indian commerce; and providing a fund, (by laying a duty on the trade) for the support of superintendants, commissaries, interpreters, &c. at particular forts in the Indian country, where the trade was to be carried on:—And as a part of this system, it was thought proper, in order to avoid future complaints from the Indians, on account of encroachments on their hunting grounds, to purchase a large tract of territory from them, and establish, with their consent, a respectable boundary line, beyond which his Majesty's subjects should not be permitted to settle.
In consequence of this system, orders were transmitted to Sir William Johnson, in the year 1764, to call together the Six Nations,—lay this proposition of the boundary before them, and take their opinion upon it.—This, we apprehend, will appear evident from the following speech, made by Sir William to the Six Nations, at a conference which he held with them, at Johnson Hall, May the 2d, 1765.
Brethren,
"The last but the most important affair I have at this time to mention, is with regard to the settling a boundary between you and the English. I sent a message to some of your nations some time ago, to acquaint you, that I should confer with you at this meeting upon it. The King, whose generosity and forgiveness you have already experienced, being very desirous to put a final end to disputes between his people and you concerning lands, and to do you strict justice, has fallen upon the plan of a boundary between our provinces and the Indians (which no white man shall dare to invade) as the best and surest method of ending such like disputes, and securing your property to you, beyond a possibility of disturbance. This will, I hope, appear to you so reasonable, so just on the part of the King, and so advantageous to you and your posterity, that I can have no doubt of your chearfully joining with me in settling such a division-line, as will be best for the advantage of both white men and Indians, and as shall best agree with the extent and increase of each province, and the governors, whom I shall consult upon that occasion, so soon as I am fully empowered; but in the mean time I am desirous to know in what manner you would choose to extend it, and what you will heartily agree to, and abide by, in general terms. At the same time I am to acquaint you, that whenever the whole is settled, and that it shall appear you have so far consulted the increasing state of our people, as to make any convenient cessions of ground where it is most wanted, that then you will receive a considerable present in return for your friendship."
To this speech the Sachems and Warriors of the Six Nations, after conferring some time among themselves, gave an answer to Sir William Johnson, and agreed to the proposition of the boundary line;—which answer, and the other transactions of this conference, Sir William transmitted to the office of the Lords Commissioners for Trade and Plantations.—
From a change of the administration, which formed the above system of obtaining an act of parliament for regulating the Indian trade, and establishing the boundary line, or from some other public cause, unknown to us,—no measures were adopted, until the latter end of the year 1767, for completing the negotiation about this boundary line.—But in the mean time, viz. between the years 1765 and 1768,—the King's subjects removed in great numbers from Virginia, Maryland, and Pennsylvania, and settled over the mountains,—upon which account, the Six Nations became so irritated, that in the year 1766 they killed several persons, and denounced a general war against the middle colonies; and to appease them, and to avoid such a public calamity, a detachment of the 42d regiment of root was that year sent from the garrison of Fort Pitt, to remove such settlers as were seated at Red Stone Creek, &c.—but the endeavours and threats of that detachment proved ineffectual, and they returned to the garrison, without being able to execute their orders.—The complaints of the Six Nations however continuing and increasing, on account of the settling of their lands over the mountains, General Gage wrote to the Governor of Pennsylvania on the 7th of December 1767, and after mentioning these complaints, he observed, "You are a witness how little attention has been paid to the several proclamations that have been published; and that even the removing those people from the lands in question, which was attempted this summer by the garrison at Fort Pitt, has been only a temporary expedient. We learn they are returned again to the same encroachments on Red Stone Creek and Cheat River in greater numbers than ever."[2 ]
On the 5th of January 1768, the governor of Pennsylvania sent a message to the general assembly of the province with the foregoing letter from General Gage,—and on the 13th the assembly in the conclusion of a message to the governor on the subject of Indian complaints, observed, "To obviate which cause of their discontent, and effectually to establish between them and his Majesty's subjects a durable peace, we are of opinion, that a speedy confirmation of the boundary, and a just satisfaction made to them for their lands on this side of it, are absolutely necessary. By this means all their present complaints of encroachments will be removed, and the people on our frontiers will have a sufficient country to settle or hunt in, without interfering with them."