The Conquest of the Old Southwest; the romantic story of the early pioneers into Virginia, the Carolinas, Tennessee, and Kentucky, 1740-1790Henderson, Archibald
History
The Conquest of the Old Southwest; the romantic story of the early pioneers into Virginia, the Carolinas, Tennessee, and Kentucky, 1740-1790
Henderson, Archibald
Frontier and pioneer life -- Southwest, Old; Kentucky -- History -- To 1792; Southwest, Old -- History; Tennessee -- History
Immediately upon his return in 1771 from the extended exploration of
Kentucky, Daniel Boone as already noted was engaged as secret agent, to
treat with the Cherokees for the lease or purchase of the
trans-Alleghany region, on behalf of Judge Henderson and his associates.
Embroiled in the exciting issues of the Regulation and absorbed by his
confining duties as colonial judge, Henderson was unable to put his bold
design into execution until after the expiration of the court itself
which ceased to exist in 1773. Disregarding the royal proclamation of
1763 and Locke's Fundamental Constitutions for the Carolinas, which
forbade private parties to purchase lands from the Indians, Judge
Henderson applied to the highest judicial authorities in England to know
if there was any law in existence forbidding purchase of lands from the
Indian tribes. Lord Mansfield gave Judge Henderson the "sanction of his
great authority in favor of the purchase." [133] Lord Chancellor Camden
and Mr. Yorke had officially advised the King in 1757, in regard to the
petition of the East Indian Company, "that in respect to such
territories as have been, or shall be acquired by treaty or grant from
the Great Mogul, or any of the Indian princes or governments, your
Majesty's letters patent are not necessary; the property of the soil
vesting in the company by the Indian grant subject only to your
Majesties right of sovereignty over the settlements, as English
settlements, and over the inhabitants, as English subjects, who carry
with them your Majesties laws wherever they form colonies, and receive
your Majesties protection by virtue of your royal charters." [134] This
opinion, with virtually no change, was rendered in regard to the Indian
tribes of North America by the same two authorities, certainly as early
as 1769; [135] and a true copy, made in London, April 1, 1772, was
transmitted to Judge Henderson. [136] Armed with the legal opinions
received from England, Judge Henderson was fully persuaded that there
was no legal bar whatsoever to his seeking to acquire by purchase from
the Cherokees the vast domain of the trans-Alleghany. [137] A golden
dream of empire, with its promise of an independent republic in the form
of a proprietary colony, casts him under the spell of its alluring
glamour.
Public-domain text, read in full here on John Shaqi.
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