I have sent two Persons with him to enquire into the truth of this, and have those People removed. As to such Offenders being liable to be tried by a Court Martial, I conceive that people living out of the Settlements and at such places where there is no form of Civil Judicature in force and acting contrary to the orders of that Department, can be tried by the Martial Law, agreeable to the Articles of War, and that the actual Inhabitants of this and other remote Forts are liable to be tried in the Same manner if they do any injury to Indians or otherwise disobey the orders given by the General or Commanding Officer tho' they are not directly Connected with the Army. But this can in no manner affect any Settlement that may be made hereafter in this part of the Country which Coming within the Known Limits of one of these Provinces, will consequently fall under its jusridiction. As you are pleased to let me know that Several Persons in your Government had formerly taken up Lands, on the Waters of the Ohio, by Patent under the Crown, I beg leave to observe that Whenever you shall think proper to permit those Persons Either to Survey or take Possession of the said Lands it will be necessary that the Commander in Chief be informed of it; that I may receive his orders thereupon, and I beg you will be persuaded that as soon as it shall be Consistent with my orders to permit Settlements to be made in this Department: I shall take a particular Pleasure in giving the Persons Concerned all the Protection and assistance in my power. I have the honour to be Your most obedient And Most Humble Servant, H. B. No. 7.-GENERAL AMHERST TO BOUQUET. (Archives, series A, vol. 4, p. 105.) NEW YORK, 28th February, 1762. SIR, I have lately received a letter from the Lieut. Governor of Virginia, enclosing a copy of a Proclamation issued by you, with a copy of his Letter to you on that occasion, whereby it appears that the said Proclamation has given some uneasiness to that Colony. I must own, there appears nothing to me, but what seems Calculated for the protection of those who may have a Just Title to the Lands and to prevent others from settling thereon, and I have accordingly acquainted Lt. Governor Fauquier that this was my opinion of your Intentions from the Words of the Proclamation, and that I did not Doubt but your answer to him would be fully satisfactory, which, I flatter myself will be the case, as I would avoid doing anything that can give the Colonies the least room to complain of the Military power. I am, Sir, Your most obedient Servant, JEFF. AMHERST, the No. 8.-GOVERNOR FAUQUIER TO BOUQUET. WMS BURGH, March 12th, 1762. SIR-I have the pleasure to Advise you that I Communicated your favour of Inst. to his Majesty's Council who are in Every respect satisfied therewith, and have desired me to make their Sentiments known to you, which Task I undertake with great Satisfaction as they so Entirely Correspond with my own. You may be assured that I shall give a Certificate in Writing to any one who has a Right by patent to any Lands under Consideration and shall not fail to inform you and his Majesty's Commander in Chief of my having done so. The Persons who can make any Right appear, will be found I apprehend to claim Lands a great deal to the Southward of Fort Pitt, it having never been ascertained whether the Lands about that Fort are in this Colony or in Pensylvania. Tho' I imagine the Instructions all the Governors on the Continent received by the last Packett will adjust all these Affairs by the absolute Prohibition of all future Settlements on Lands not regularly ceded to the King's Subjects by the Indians, which is to be by Treaty and not by private Purchasers. I am, with great Regard, Sir, your most obed hum: Servant, FRAN: FAUQUIER. No. 9.-BOUQUET TO GENERAL AMHERST. (Archives, series A, vol. 4, p. 120.) FORT PITT, 1st April, 1762. SIR, This day, two hours after Col. Eyre had lefft this place, I received your Excellency's letters of the 28th February and 2nd of March, Convinced by my own experience in this inconsiderable Part of your extensive Command, of the multiplicity of affairs that must devolve upon you from the whole, I have avoided troubling you with a minute account of all the triffling events that occur daily here, in which number I must class Mr. Fauquier's letter to me, as I thought it intirely groundless, and expected that my answer would have been fully satisfactory to him. As I know of no legal Title People can have to settle Indian Lands, but what must be delivered from the powers given by the Crown to the Commander-in-chief, or the Governors of Provinces, I imagined to have obviated all cavils by the excep tions I had made. Neither could I think that the Lieut. Governor of Virginia after desiring me to explain my Intentions in issuing that order, should complain to you, before he had received that explanation. For certainly his letter to me in that case was an unnecessary trouble to himself and his express a useless expence to the Publick. I take the liberty to inclose a copy of the answer I made him at that time. I never had any design to obstruct any man's Just Rights, or give uneasiness to any body, and much less to a respectable Colony. After having found every other method insufficient, I thought the fear of Punishment would deter the Outlaws, who were the only Persons I had in view from their vile practices, but tho' some are since fallen into my hands, they have suffered no other moiestation than to be expelled from their Improvements, and have their Hutts burnt, and they seem at last disgusted from making new attempts as they know, that tho' I overlook many things, I never do forgive a breach of orders in this departmt. I had yet another reason to make my Intentions publickly known at that time, and which I thought best not to Communicate to Mr. Fauquier. I had been repeatedly informed that one Col. Cresop, who is concerned in one of the Ohio Companies (the favourite scheme of Virginia) was proposing by way of subscription to several familys to remove from the frontiers of that Colony and Mariland to form settlements on the Ohio. I foresaw that these poor people would be ruined by that bubble, and I was the more induced to credit that Report from an offer made me by that same Gentleman of a share, or 25,000 acres of these Lands, which did not tempt me. In preventing in the district intrusted to me a scandalous breach of a recent Treaty, by the measure complained of, I cannot at least be charged with interested views or having exerted the little power vested in me, to the oppression of the subject or the Indian. As an officer serving without prospect of a higher Rank in the Army, There is no object of ambition for me in this Country; and as a man I must have convinced every Individual who has been concerned in this department, of my disinterestedness in never receiving the most triffling acknowledgment from any man in it. No Trader or Sutler ever paid me a shilling for their Licences, nor other people for the Plantations I was authorized by Gen. Monckton to grant along the Communication and at Red Stone Creek for the support of this Post, and I have constantly observed the same Rule with the Indians in accepting no Presents from them. Divested of all motives of ambition, and without private views of Interest, I flattered myself to be free of any imputation of Partiality or Injustice, and having heard of no complaint from either of the two other Provinces, I must ascribe this Proceeding to the misfortune I had in the Campaign of 1758, to be obliged to differ in opinion with some Persons of Virginia about Roads and Provisions, and I am afraid I remain still obnoxious to them, which can only increase my desire of being removed from this command, if it was consistent with your Pleasure. The obliging manner in which you are pleased to mention that affair to me, and so very different from Mr. Fauquier's behaviour, required with my most grateful acknowledgments that I should clear myself of an odious Imputation, the effect of a groundless Jealousy and the greediness of ingrossing those Lands, and tho' from the distance of my station, I may be obliged to act sometimes without orders to the best of my Judgment, It shall be my Constant endeavour not to incur your disapprobation, or disoblige any of the Provinces. * * * I have the honour to be &c. HENRY BOUQUET. No. 10.-GENERAL AMHERST TO BOUQUET. (Archives, series A, vol. 4, p. 131.) [EXTRACT.]-Soon after my letter to you relative to the Proclamation you had Issued, which had given offence to the Virginians, I had one from Lt. Gov' Fauquier, wherein he says: "Colonel Bouquet has wrote a very Sensible, Polite and Satis"factory answer, with which His Majesty's Council seemed very well pleased, and Desired that I would express their sentiments to him." This I make no doubt but the Lt. Governor has done and therefore I need say nothing more on the subject, as I was convinced your Intentions in publishing that Proclamation was solely for the protection and security of those who had a Just Right to the Lands, and I am very glad to find it appears in its true Light to the Lieut. Governor and Council. I needed no assurance to be satisfied of your acting with Disinterestedness in the Department where you Command. And I cannot but approve of your never permitting any Trader or Sutler to pay for Licences. This is what I have always prevented. No. 11. THE PROCLAMATION OF 1763, REGARDING INDIAN LANDS. (Collection of Acts, published in 1800.) [EXTRACT.]-And Whereas it is just and reasonable and essential to our interest, and security of our Colonies, that 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 and territories as, not having been ceded to us are reserved to them, as their hunting grounds; We do therefore with 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 Warrants of survey, or pass any 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 Whatsoever, 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 whatsoever, who have either Wilfully or inadvertently seated themselves upon any lands within the countries above described, or upon any other lands which, not having been ceded to or purchased by us, are still reserved to the said Indians as aforesaid, forthwith to remove themselves from such settlements. And Whereas great frauds and abuses have been committed in the purchasing lands 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 settlements; but if at any time any of the said Indians should be inclined to dispose of the sald lands, the same shall be purchased only for us, in our name, in 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 give security to observe such regulations as We shall at any time think fit by ourselves or commissioners to be appointed for this purpose, to direct and appoint for the benefit of the said trade; and we do hereby authorize, 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 management and direction of the 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 treason, misprision of treason, murder or other felonies or misdemeanors, shall fly from justice and take refuge in the said territory, and to send them under 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', the 7th day of October, 1763, in the third year of our reign. |