"jects of Great Britain, are, by origin, or by right of conquest, "the lawful proprietors of the river Ohio, and the territory in "question: And as to the territory, which has been yielded ❝and made over by these people to Great Britain (which can"not but be owned must be the most just and lawful manner "of making an acquisition of this sort) she reclaims it, as "belonging to her, having continued cultivating it for above "twenty years past, and having made settlements in several "parts of it, from the sources even of the Ohio to Pichawil❝lanes, in the centre of the territory between the Ohio and "the Wabash."

In 1755, the lords commissioners for trade and plantations were so solicitous to ascertain the territory of the Six Nations, that Dr. Mitchel, by their desire, published a large map of North America; and Mr. Pownal, the present secretary of the board of trade, then certified, as appears on the map, That the doctor was furnished with documents for the purpose from that board. In this map, Dr. Mitchel observes,

that the Six Nations have extended their territories, ever "since the year 1672, when they subdued and were incorpo

rated with the ancient Shawanese, the native proprietors "of these countries, and the river Ohio: Besides which, they “likewise claim a right of conquest over the Illinois, and all "the Mississippi, as far as they extend. This," he adds, "is "confirmed by their own claims and possessions in 1742, "which include all the bounds here laid down, and none have "ever thought fit to dispute them." And, in confirmation of this right of the Six Nations to the country on the Ohio, as mentioned by the king's ministers, in their memorial to the duke of Mirepoix, in 1755, we would just remark, that the Six Nations, Shawanese, and Delawares, were in the actual occupation of the lands southward of the Great Kenhawa, for some time after the French had encroached upon the river Ohio; and that in the year 1752, these tribes had a large town on Kentucky river, two hundred and thirty-eight miles below the Scioto: That in the year 1753, they resided and hunted on the southerly side of the river Ohio, in the low coun

try, at about three hundred and twenty miles below the Great Kenhawa; and in the year 1755, they had also a large town opposite to the mouth of the Scioto; at the very place, which is the southern boundary line of the tract of land applied for by Mr. Walpole and his associates. But it is a certain fact, that the Cherokees never had any towns or settlements in the country, southward of the Great Kenhawa; that they do not hunt there, and that neither the Six Nations, Shawanese, nor Delawares, do now reside or hunt on the southerly side of the river Ohio, nor did not for several years before they sold the country to the king. These are facts, which can be easily and fully proved.

In October, 1768, at a congress held with the Six Nations at Fort Stanwix, they observed to sir William Johnson: "Now, brother, you who know all our affairs, must be sen❝sible, that our rights go much farther to the southward than "the Kenhawa,-and that we have a very good and clear "title as far south as the Cherokee River, which we cannot "allow to be the right of any other Indians, without doing "wrong to our posterity, and acting unworthy those war"riors who fought and conquered it;-we therefore expect "this our right will be considered."

In November, 1768, the Six Nations sold to the king all the country on the southerly side of the river Ohio, as far as the Cherokee river; but notwithstanding that sale, as soon as it was understood in Virginia, that government favored the pretensions of the Cherokees, and that Dr. Walker and colonel Lewis (the commissioners sent from that colony to the congress at Fort Stanwix) had returned from thence, the late lord Bottetourt sent these gentlemen to Charleston, South Carolina, to endeavor to convince Mr. Stuart, the southern superintendant of Indian affairs, of the necessity of enlarging the boundary line, which he had settled with the Cherokees;-and to run it from the Great Kenhawa to Holston's river. These gentlemen were appointed commissioners by his lordship, as they had been long conversant in Indian affairs, and were well acquainted with the actual extent of

the Cherokee country.-Whilst these commissioners were in South Carolina, they wrote a letter to Mr. Stuart, as he had been but a very few years in the Indian service, (and could not, from the nature of his former employment, be supposed to be properly informed about the Cherokee territory), respecting the claims of the Cherokees to the lands southward of the Great Kenhawa, and therein they expressed themselves as follows:

"Charleston, South Carolina, Feb. 2, 1769. "The country southward of the Big Kenhawa was never "claimed by the Cherokees, and now is the property of the "crown, as sir William Johnson purchased it of the Six Na❝tions at a very considerable expense, and took a deed of ❝cession from them at Fort Stanwix.”

In 1769, the house of burgesses of the colony of Virginia represented to lord Bottetourt, That they have the great"est reason to fear the said line" (meaning the boundary line, which the lords commissioners for trade and plantations have referred to, in the map annexed to their lordships report) "if confirmed, would constantly open to the Indians, and "others enemies to his majesty, a free and easy ingress to "the heart of the country on the Ohio, Holston's river, and "the Great Kenhawa; whereby the settlements which may ❝be attempted in these quarters will, in all probability, be ut"terly destroyed, and that great extent of country [at least "eight hundred miles in length] from the mouth of the Kenhawa to the mouth of the Cherokee river, extending east"ward as far as the Laurel Hill, so lately ceded to his majes"ty, to which no tribe of Indians at present set up any preten"sions, will be entirely abandoned to the Cherokees; in con"sequence of which, claims totally destructive of the true in"terest of his majesty may at some future time arise, and "acquisitions justly ranked among the most valuable of the late "war be altogether lost."

From the foregoing detail of facts, it is obvious,

1st, That the country southward of the Great Kenhawa, at least as far as the Cherokee river, originally belonged to the Shawanese.

20, That the Six Nations, in virtue of their conquest of the Shawanese, became the lawful proprietors of that country.

3d, That the king, in consequence of the grant from the Six Nations, made to his majesty at Fort Stanwix in 1768, is now vested with the undoubted right and property thereof. 4th, That the Cherokees never resided, nor hunted in that country, and have not any kind of right to it.

5th, That the house of burgesses of the colony of Virginia have, upon good grounds, asserted, [such as properly arise from the nature of their stations, and proximity to the Cherokee country], that the Cherokees had not any just pretensions to the territory southward of the Great Kenhawa.

And lastly, That neither the Six Nations, the Shawanese, nor Delawares, do now reside or hunt in that country.

From these considerations, it is evident no possible injury can arise to his majesty's service,-to the Six Nations and their confederacy, or to the Cherokees, by permitting us to settle the whole of the lands comprehended within our contract with the lords commissioners of the treasury: If, however, there has been any treaty held with the Six Nations, since the cession made to his majesty at Fort Stanwix, whereby the faith of the crown is pledged, both to the Six Nations and the Cherokees, that no settlements should be made beyond the line, marked on their lordships' report; we say, if such agreement has been made by the orders of government with these tribes, (notwithstanding, as the lords commissioners have acknowleged, "the Six Nations had ceded the property in the lands to his majesty”)—We flatter ourselves, that the objection of their lordships in the second paragraph of their report, will be entirely obviated, by a specific clause being inserted in 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.

III. In regard to the third paragraph of their lordships' report, That it was the principle of the board of trade, after the treaty of Paris, " to confine the western extent of settle❝ments to such a distance from the sea-coast, as that these "settlements should lie within the reach of the trade and "commerce of this kingdom," &c., we shall not presume to controvert; but it may be observed, 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," &c.;-for, in the year 1748, Mr. John Hanbury, and a number of other gentlemen, petitioned the king for a grant of five hundred thousand acres of land over the Alleghany mountains, and on the river Ohio and its branches; and the lords commissioners for trade and plantations were then pleased to report to the lords committee of his majesty's most honorable privy council, "That "the settlement of the country, lying to the westward of the "great mountains, as it was the centre of the British do"minions, would be for his majesty's interest, and the ad"vantage and security of Virginia and, the neighboring co"lonies."

And on the 23d of February, 1748-9, the lords commissioners for trade and plantations again reported to the lords of the committee of the privy council, that they had "fully "set forth the great utility and advantage of extending our "settlements beyond the great mountains (which report has "been approved of by your lordships').-And as, by these "new proposals, there is a great probability of having a "much larger tract of the said country settled than under "the former, we are of opinion, that it will be greatly for "his majesty's service, and the welfare and security of Vir"ginia, to comply with the prayer of the petition."

And on the 16th of March, 1748-9, an instruction was sent to the governor of Virginia to grant five hundred thousand acres of land over the Alleghany mountains to the afore