The Diplomatic Correspondence of the American Revolution, Vol. 03
History
The Diplomatic Correspondence of the American Revolution, Vol. 03
United States -- Foreign relations -- 1775-1783; United States -- History -- Revolution, 1775-1783 -- Sources
His idea of these limits is apparent from charters granted by the
crown, and from recent grants made by its representatives in several
of the States, it appears that they considered their authority to
grant lands to the westward, as coextensive with the right of Great
Britain, unless they were restricted by their interference with other
governments. Upon this principle, the servants of the crown in New
York granted land on the borders of Lake Erie, to the westward of
Niagara. And Virginia, even after the proclamation in 1763, patented
considerable tracts upon the Ohio, far beyond the Appalachian
mountains. It is true, the several governments were prohibited at
different times from granting lands beyond certain limits, but these
were clearly temporary restrictions, which the policy of maintaining a
good understanding with the natives dictated, and were always broken
through after a short period, as is evinced by the grants
abovementioned, made subsequent to the proclamation in 1763. And
indeed the proclamation itself furnishes a substantial argument of the
opinion of Britain, with respect to the right which some of the States
had to extend to the westward of the limits it prescribed, otherwise
it would not have been necessary to prohibit their governors from
granting, as their patents would, in such cases, have been invalid,
and themselves subjected to the censure of their master upon whom they
were dependent. Unless, therefore, these proclamations absolutely
destroyed the right, they must be considered as proofs of its
existence at least, and after they were issued. The slightest
examination of them shows, that they did not take away, but restrained
an existing right, and the subsequent grants by the governors evidence
that they were, as is before asserted, mere temporary restrictions.
The same reasoning applies to the treaty at Fort Stanwix, and to other
agreements taken from treaties with the Indians. Strong evidence in
our favor is also found in the map made by the King's geographer, in
which Virginia and the Carolinas are laid down as extending to the
Mississippi, shortly after the last war. Arguments may be drawn
against us by the Quebec Bill, but as this is one of the laws that
occasioned the war, to build anything upon it would be to urge one
wrong in support of another. But this matter may perhaps be seen in a
different light, and our pretensions placed upon a more extensive
basis by recurring to general principles, and asking whence Great
Britain derived her right to the waste lands in America.
Public-domain text, read in full here on John Shaqi.
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