title to all the lands asked for, and adds that if there has been any agreement with the Indians not to allow settlement on a part of them (which Franklin plainly doubts), that can be easily arranged for "by a specific clause being inserted into 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 full consent of the Cherokees, and the Six Nations and their confederates for that purpose." In the third place it is urged against the scheme that it is contrary to the principles adopted by the Board "immediately after the treaty of Paris, viz., the confining the western extent of settlements to such a distance from the sea-coast as that those settlements should lie within the reach of the trade and commerce of this kingdom," not only for commercial purposes but also to preserve "the colonies in due subordination to, and dependence upon, the mother country." Against this, Franklin makes an argument to show that "the settlement of the country over the Alleghany 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.'

To the argument that various propositions for erecting colonies in the same part of the country have already been rejected, and the same reasons for rejection exist in this case, Franklin replies that, consistent with his knowledge, "no more than one proposition for the settlement of any of the land in question has been presented to government, and that was from Dr. Lee" and thirty-four associates who "did not propose, as we do, either to purchase the lands, or pay the quit-rents to his Majesty, neat and clear of all

1 Franklin's Works, V., 31.

2 Lord Hillsborough adds here, "and these we apprehend to have been two capital objects of his Majesty's proclamation of the 7th of October, 1763"-Ibid., p. 4.

deductions, or be at the whole expense of establishing and maintaining the civil government of the country."

Hillsborough declared that "the great object of colonizing upon the continent of North America has been to improve and extend the commerce, navigation, and manufactures of this kingdom.

"(1) By promoting the advantageous fishery carried on upon the northern coast.

"(2) By encouraging the growth and culture of naval stores and of raw materials, to be transported hither in exchange for perfect manufactures and other merchandise.

"(3) By securing a supply of lumber, provisions, and other necessaries, for the support of our establishments in the American islands.

Admitting this, Franklin asserts that the proposed “Ohio colony" will promote the fishery as much as any of the the colonies south of New York, and "on the second and third general reasons no part of his Majesty's dominions in North America will require less encouragement Expanding this point, he declares that "the lands in question are excellent, the climate temperate; the native grapes, silk worms, and mulberry trees are everywhere; hemp grows spontaneously in the valleys and low lands; iron ore is plenty in the hills, and no soil is better adapted for the culture of tobacco, flax, and cotton than that of the Ohio." As to the ability of colonists to export these products, he says that on account of the navigable rivers produce can, by a land carriage of only forty miles, be sent cheaper from the Ohio country to Alexandria on the Potomac "than any kind of merchandise is at this time sent from Northampton to London;" moreover "large ships may be built on the Ohio, and sent laden with hemp, iron, flax, silk, to this kingdom." 3 Franklin concludes by declaring that there are already thirty thousand British subjects settled on the

1 Franklin's Works, V., 44, 45.

2 Ibid., p. 5.

Ibid., pp, 47, 48.

Ohio lands, and asks if it is "fit to leave such a body of people lawless and ungoverned." With the capitol of Virginia at least four hundred miles distant how could the constitution and laws of that colony "be extended so as effectually to operate on the territory in question?" By Virginia laws all persons charged with capital crimes must be tried in Williamsburg. There is held the superior court and the General Assembly.'

Franklin's reply to the report of the Board of Trade was read to the council at the same time that Mr. Wharton made his argument. The council was fully convinced and the Committee of Council for Plantation Affairs, on July 1st, 1772, reported to the King:

"(1) That the lands in question had been for some time past and were then in an actual state of settling, numbers. of families to a very considerable amount removing thither from his said Majesty's other colonies.

"(2) That the lands in question did not lie beyond all advantageous intercourse with the kingdom of Great Britain," and "that it was their opinion a grant should be made to Mr. Walpole and his associates," and "to the end that the several persons actually settled, or that might thereafter settle, might be more properly and quietly gov. erned, the said settlement and district should be erected into a separate government."

1 Franklin's Works, V., 73, 74.

"5

2 Rev. William Hanna was present when the case of the company was presented to the council. He wrote to Sir William Johnson that after Mr. Walpole had made some pertinent observations, "Mr. Wharton spoke next for several hours and replied distinctly to each particular objection, and through the whole of the proceedings he so fully removed all Lord Hillsborough's objections and introduced his proofs with so much regularity and made his observations on them with so much propriety, deliberation, and presence of mind, that fully convinced every Lord present." Christopher Gist's Journal, p. 242.

Franklin's Works, X., 355.

4 Plain Facts, p. 153.

Franklin's Works, X., 357. The Pennsylvania Chronicle, Nov. 14, 1772, published an article entitled "Reasons for Lord Hillsborough's Resignation," signed "An Advocate of Lord Hillsborough." The writer said that Mr. Walpole and others had petitioned for a grant "adjoining to the Mississippi,with intention to establish a new colo

On the 14th of August, 1772, the King approved of this report1 "and ordered the Lords of Trade to report to him in Council, if any, and what terms of settlement and cultivation; and what restrictions and reservations were necessary to be inserted in the grant. . . with a clause to save and preserve to the respective occupiers all prior claims within its limits. .; and also to prepare a plan for establishing a new government on the said lands, together with an estimate of the expense, and the ways and means by which the same should be defrayed by Mr. Walpole and his associates. The same day, the King in council, by a further order, gave the necessary directions to the Lords Commissioners for trade and plantations, for carrying the above into execution; and that the Earl of Dartmouth should direct his Majesty's Superintendent for Indian affairs to apprise the chiefs of the Six Nations and their Confederates of his Majesty's intentions to form a settlement upon the lands which he purchased of of them in 1768. Accordingly the Earl of Dartmouth sent instructions to Sir William Johnson. and in obedience thereto, the Six Nations were informed and much approved of the Settlement."3

2

The chiefs of the western tribes were assembled April 3d, 1773, at Scioto, and the same communication made to them. They appeared highly pleased and expressed a desire to take the new colonial governor, who ever he might ny," and that Lord Hillsborough's "political reasons against it were that Great Britain "depopulates very fast. . . and as to the utility of a new colony, granting that we could spare our people, no more advantage would accrue to Great Britain from this Mississippi establishment than if it was to take place in the confines of India." The Walpole grant is here perhaps confused with Gen. Lyman's Mississippi grant made about the same time. See Pennsylvania Gazette and Pennsylvania Chronicle, Feb. 24, 1773.

1Besides Plain Facts on this point, see also letter of Mr. Wharton to Col. Mercer, Aug. 20, 1772. Washington's Writings (Sparks) II., 485. Mr. Wharton says that the King ordered "That a new government should be established."

Lord Dartmouth had succeeded to Hillsborough's position.

$ Plain Facts, p. 153. The same facts in different language may be found in Franklin's Works, X., 357-360.

was it?

be, "by the hand and afford him all the assistance in their power. "1

2

Meanwhile not the Indians alone, but the American people were hearing about the new colony. In June, 1772, Washington wrote: "The report gains ground that a large tract of country on the Ohio, including every foot of land to the westward of the Alleghany Mountains is granted to a company of gentlemen in England, to be formed into a separate government." The following year the American newspapers published a good deal about the new colony and its progress. Many particulars appeared in the Pennsylvania Chronicle of March 8 and the Pennsylvania Gazette of March 10 about the grant which "is to be granted to Thomas Walpole" and company, the latter paper publishing a statement that on account of obstacles which the scheme had met, it would, according to some letters, be brought before Parliament.

3

But there was no necessity for bringing the matter into Parliament. May 6, 1773, Lord Dartmouth (Hillsborough's successor) reported for the Board of Trade, which had been ordered to arrange particulars in regard to the land grant and colonial government. He said that, the establishment of the new colony was, they supposed, founded principally "on the necessity there was of introducing some regular form of government in a country incapable of participating the advantages arising from the civil institution of Virginia," and therefore they had given their attention first to "the form and constitution of the new colony which they named Vandalia." We are unable to deter1 Plain Facts, p. 154. For the entire speech returned by the western chiefs on that occasion see Considerations on the Agreement. . . with the Hon. Thos. Walpole, pp. 9, 10, 11. 2 Washington to Lord Dunmore, Lieut. Gov. of Va., June 15, 1772. Washington's Writings (Ford), II., 353.

3 See Pennsylvania Chronicle, Feb. 24, March 8, June 7, Sept. 20; Pennsylvania Gazette Feb. 24, March 10, June 9, Sept. 8; Pennsylvania Journal, June 9, July 21, Nov. 24, 1773.

4 Plain Facts, p. 154. If the statements in the following letter were correct in regard to the name of the new colony, we should be tempted to use it for other interesting items.