DOCUMENTS RELATIVE TO RESERVATION OF LANDS IN NORTH AMERICA FOR THE USE OF THE INDIAN TRIBES FOR THEIR HUNTING GROUNDS.
COORESPONDENCE AND PROCLAMATION RELATING TO TREATY OF EASTON, 1758,
AND THE RESERVATION OF THE LANDS WEST OF THE ALLEGHANY MOUNTAINS TO THE INDIANS FOR THEIR HUNTING GROUNDS .*
No. 1.—COLONEL CRESAP TO BOUQUET.
(ARCHIVES, SERIES A, VOL.15, p. 188.)
Old Town, July 24th, 1760.
SIR,—At the request of several of the members of the Ohio Company of which I myself am one, I take the freedom of acquainting your Honour, that they are inclined to let you be Partaker of the Grant which His Majesty has been graciously pleased to give them of five hundred thousand acres of Land lying on and adjacent to the South side of the River Ohio, on the same terms and conditions as they themselves are under, each member's share of said Land being twenty-five thousand acres.
If your Honour should approve of becoming a member of said Company, I should be glad to receive a letter from you, that I might acquaint the Gentlemen (several of whom are of His Majesty's Council in Virginia) with your Determination.
I am, Sir, Your humble Serv.,
P.S.—The Company proposes, as soon as the Wars are ended, to settle the land with Germans and Switzers, which they shall send for and encourage.
No. 2.—BOUQUET TO COLONEL CRESAP.
(ARCHIVES, SERIES A, VOL.23-1, p.32.)
Presqu'Isle, 12th September, 1760.
SIR,—It was but lately that I was favoured with your letter of the 24th July, containing an offer from you and some other members of the
* Printed in the Report on the Canadian Archives, 1889, pp. 72-77.
Ohio Company to let me be Partaker of their Grant for Five Hundred Thousand Acres of Land; on the South Side of the River Ohio, on the same terms and conditions as they themselves are under. Each Member's Share being Twenty-five Thousand Acres.
I think myself much obliged to you, Sir, and the other Gentlemen concerned in that offer. But as an Engagement of that extent requires more consideration, I must beg leave to defer giving a positive answer till I can have the Pleasure to see you which I hope may be soon.
I could indeed procure numbers of German and Swiss families to settle upon those Lands. If the Conditions could realy be made advantageous to them. But many things are to be considered before that.
1. You know that by the late Treaty at Easton, Approved and Confirmed by the Ministry at Home we have engaged not to settle the Lands beyond the Allegheny, and tho' the Government of Virgn. and Maryland did not accede to that Treaty, I conceive that they are equally bound by it, and that no settlement will be permitted upon the Ohio till the Consent of the Indians can be procured.
2. The form of Government for this New Colony ought to be previously fixed, as they would be too remote to be dependent upon either of the Provinces.
I shall not enter in more details till I am better informed of the plan you have formed for the Encouragement of the Settlers, and of the means you have to Carry that scheme in Execution, as I am of opinion that such Settlement would be of great Service to the Colonies I would readily contribut to promote it whether I was personally concerned or not.
I am Sir,
Your obed. Servt.,
No. 3—[EXTRACT.]—LIEUT. COLONEL MERCER TO BOUQUET. C
(ARCHIVES, SERIES A, VOL.15, p.391.)
Col. Cresap having informed some of the members of the Ohio Company that you would be glad to become one of them, they desired me as one of the Body, having the Pleasure of your Acquaintance, to let you know there was a share to be disposed of, and that Col. Bouquet joining them would be very agreeable to the whole Company. As I made no Doubt of meeting with you, I brought up all the Papers relative to the Concern in order to let you know the Terms they hold or expect to hold, their Lands upon. The Company have advanced £500 each, which will entitle you to a 20th Part of 500,000 acres of Land, and as they have some pretty considerable outstanding Debts from the Trade they intended to prosecute, the whole sum will not be entirely sunk; besides there is yet more of their Money in the Hands of the Treasurer amounting with the Debts I imagine to £2,000 or £2,500.
No. 4.—PROCLAMATION AGAINST SETTLING, &c.
(ARCHIVES, SERIES A, VOL.26, p.10.)
PROCLAMATION by Henry Bouquet, Esqr., Colonel of Foot and Commanding at Fort Pitt and Dependencies.
Whereas by a Treaty held at East Town in the year 1758, and since ratified by His Majesty's Ministers, the Country to the West of the Allegany Mountains is allowed to the Indians for their Hunting Ground, and as it is of the Highest Importance to his Majesty's service, the preservation of the peace and a good understanding with the Indians, to avoid giving them any just cause of Complaint, this is therefore to forbid any of His Majesty's subjects to Settle or Hunt to the West of the Allegany Mountains on any Pretence Whatsoever, unless such Persons have obtained leave in Writing from the General or the Governor of their Provinces Respectively and produce the same to the Commanding Officer at Fort Pitt.
And all the officers and non commissioned officers commanding at the several Posts erected in that part of the Country for the Protection of the Trade, are hereby ordered to seize or cause to be seized any of His Majesty's Subjects who without the above Authority should pretend after the Publication hereof to settle or Hunt upon the said Lands, and send them with their Horses and Effects to Fort Pitt, there to be Try'd and Punished according to the nature of their Offence by the Sentence of a Court Martial.
Given under my Hand at Fort Pitt this Thirtieth day of October 1761.
No. 5.—GOVERNOR FAUQUIER TO BOUQUET.
(ARCHIVES, SERIES A, VOL.18-1, p.5.)
Wmsburg, January 17th, 1762.
SIR,—The Proclamation issued by you concerning the settling and hunting on the Lands to the Westward of the Allegenny Hills, gives Rise to some uneasiness in this Colony (over which His Majesty has been graciously pleased to appoint me to preside as his Lieutenant Governor) as it seem to tend to obstruct the resettling the Lands by the Persons who have taken up Lands by patent under his Majesty,—And have been formerly Settled on them, but driven from their Settlements by the late Disturbance. There are many such belonging to this Colony, who made settlements on Monongahela, Green Bryar, and New River to the Westward of the Allegeney Mountains, on the Waters of the Ohio.
On these Considerations I have been desired to apply to you that you would do me the Favour to make known to me your Intentions in publishing the said Proclamation, and whether the Certificate you require is only to
ascertain the Identity of the Persons who are now, or hereafter may be settling to the Westward of those Hills, to prevent any other persons who have no right to settle on the Lands which may be claimed by those who have legally taken them up by patent under the Crown. This is a laudable Intention and may prevent Vagabonds from taking possession of the Just Rights of others.
As for New Settlements his Majesty's pleasure has been Signified to me by Letter from the Right honorable the Lords of Trade and Plantations that I should on no account whatever make any Grants of Lands on the Waters of the Ohio untill his Majesty's further pleasure be known. And the Governor of Pensylvania is, as I am informed under the same Restrictions.
The particular Article relating to the offenders being tried by Court Martial has alarmed the Gentlemen of Consequence in this Colony as they Apprehend no Person is liable to Martial Law, or to tryal by Court Martial who is not in some shape Connected with the Military Department.
These Representations I have made to you by and with the advice of his Majesty's Council and I make no doubt but your Answer will be fully satisfactory to them in Every particular.
I am with great Regard Sir
Your most obedient humble Servant,
No. 6.—BOUQUET TO GOVERNOR FAUQUIER.
(ARCHIVES, SERIES A, VOL.18-1, p. 27.)
Fort Pitt, 8th February, 1762.
SIR,—I had yesterday the honor of your Excellency's Letter of the 17th Jany., Concerning the orders issued by me to prevent people hunting or settling to the Westward of the Alleghany Hills, unless they had obtained leave from the General or Governors of their Respective Provinces.
I am sorry they should have occasioned any uneasiness in your Government, but I hope to satisfy you that far from intending to invalidate the just rights of any person, or Endeavouring to prevent their taking Possession of them, provided they had a legal Authority for so doing, I took the only Method to secure them till such authority could be obtained.
For two years past these Lands have been over run by a Number of Vagabonds, who under pretence of hunting, were Making Settlements in several parts of them, of which the Indians made grievous and repeated Complaints, as being Contrary to the Treaty made with them at Easton, and since Confirmed by the General at this Post.
In consequence of which General Monckton ordered these People to be
driven off and as the Indians still Complained of New Comers, I issued the said orders to prevent in the best manner I could those encroachments.
Notwithstanding what I have done, they still in a less degree, Continue the same Practices, and two days ago an Indian who pretends to be sent by the Six Nations to see whether we settle this Country, Complained to me that he had discovered ten New Hutts in the Woods and many Fields cleared for Corn.
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 jurisdiction.
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,
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