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].
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.