You are here: Home >> American Archives |
This was the substance of our conference, with which I acquainted our good friends, Messrs. Hooper and Hewes, who joined me in opinion that I should not push the matter further; and they hinted to me, that, considering the present very critical situation of affairs, they thought it was better for us to be unconnected with them. These gentlemen acted a most friendly part all along, and gave a favourable account of our proceedings. Indeed, I think the Company under great obligations to them, and I hope they will take it under their consideration. I was frequently with parties of the Delegates, who, in general, think favourably of our enterprise. All the wise ones of them, with whom I conversed on the subject, are clear in opinion, that the property of the lands are vested in us by the Indian grant; but some of them think, that by the common law of England, and by the common usage in America, the sovereignty is in the King, agreeable to a famous law opinion, of which I was so fortunate as to procure a copy. The suffering traders, and others, at the end of last war, obtained a large tract of land from the Six-Nations, and other Indians. They formed themselves into a company, (called, I believe, the Ohio.) and petitioned the King for a patent, and clesired to be erected into a Government, His Majesty laid their petition before Lord Chancellor Camden and Mr. Charles Yorhe, then Attorney-General, and afterwards Chancellor. Their opinion follows: "In respect to such places as have been, or shall be acquired by treaty or grant from any of the Indian Princes or Governments, your Majesty's letters patent are not necessary; the property of the soil vesting in the grantee by the Indian grants, subject only to your Majesty's right of sovereignty over the settlements, as English settlements, and over the inhabitants as English subjects, who carry with them your Majesty's laws wherever they form Colonies, and receive your Majesty's protection by virtue of your Royal charters." Alter an opinion so favourable for them, it is amazing that this Company never attempted to form a settlement, unless they Could have procured a charter, with the hopes of which, it seems, they were flattered, from time to time. However, our example has roused them, I am told, and they are now setting up for our rivals. Depending on this opinion, another company of gentlemen, a few years ago, purchased a tract between the forks of die Mississippi and Ohio, beginning about a league below Fort-Chartres, and running over towards the mouth of the Wabash; but whether or not their boundary line is above or below the mouth of the Wabash, the gentleman who showed me their deed could not tell, as it is not mentioned, but is said to terminate at the old Shawanese town, supposed to be only thirty-five leagues above the mouth of the Ohio. And the said company purchased another larger tract, lying on the Illinois River. It was from one of this company that I procured a copy of the above opinion, which he assured me was a genuine one, and is the very same which you have heard was in possession of Lord Dunmore, as it was their company who sent it to him, expecting he would join them. A Journal of the Proceedings of the House of Delegates or Representatives of the Colony of TRANSYLVANIA, begun on WEDNESDAY, [ TUESDAY] the 23d of MAY, in the year of our Lord CHRIST 1775, and in the fifteenth year of the reign of His Majesty GEORGE the Third, King of GREAT BRITAIN. Present: Squire Boone, Daniel Boone, Samuel Henderson, Wilham Moore, Richard Calloway, Thomas Slaughter, John Lythe, Valentine Harmond, James Douglass, James Harrod, Nathan Hammond, Isaac Hite, Azariah Davis, John Todd, Alexander Spolswood Dandridge, John Floyd, and Samuel Wood, who took their seals at Convention. You are called and assembled at this time for a noble and an honourable purpose—a purpose, however ridiculous or idle it may appear at first view, to superficial minds, yet is of the most solid consequence; and if prudence, firmness, and wisdom, are suffered to influence your councils and direct your conduct, the peace and harmony of thousands may be expected to result from your deliberations; in short, you are about a work of the utmost importance to the well-being of this country in general, in which the1 interest and security of each and every individual is inseparably connected; for that State is truly sickly, politically speaking, whose laws or edicts are not careful, equally, of the different members, and most distant branches, which constitute the one united whole. Nay, it is not only a solecism in politics, but an insult to common sense, to attempt the happiness of any community, or composing laws for their benefit, without securing to each individual his full proportion of advantage arising out of the general mass; thereby making his interest (that most powerful incentive to the actions of mankind) the consequence of obedience. This, at once, not only gives force and energy to legislation, but as justice is, and must be eternally the same, so your laws, founded in wisdom, will gather strength by time, and find an advocate in every wise and well disposed person.
|