6-7 EDWARD VII., A. 1907 terms of Cultivation, as your Majesty shall think proper to impose on all Persons undertaking such Settlements, which Encouragements may be also extended to reformed Commission Officers in Your Majesty s Navy in Case Your Majesty shall judge it reasonable and expedient. All which is most humbly submitted SHELBURNE BAMBER GASCOYNE WHITEHALL Aug 5th 1763 Endorsed. Aug1 5th 1763. R 6th Lords of Trade Report concerning the Lands to be reserved for the Indians-Proposing that a Commission under the Great Seal be given to the Commander in Chief, for the Govern ment of that Country-with objections to the annexing them to any Province-and Proposing an immediate Proclamation concerning Indian Lands Inclosure in N° 10. Halifax to the Lords of Trade.' Lords of Trade. S' JAMES's Sept 19th 1763. MY LORDS, Having laid before the King Your Lordships, Representation of the 5 of August last, transmitted to the late Earl of Egremont in your Letter of the same Date, I am commanded to acquaint Your Lordships that His Majesty, upon Consideration of the Reasons therein set forth, is pleased to lay aside the Idea of including within the Government of Canada, or of any established Colony, the Lands which are to be reserved, for the present, for the Use of the Indians. And His Majesty thinks proper to direct that the Extent of the Commission, which Your Lordships are to prepare for the Hon' James Murray, shall be exactly such as is marked out in your first Report of the 8th of June last, and in the Map thereto annexed, under the Denomination of Canada. That such Government be described in the Commission, as comprehending all such Part of Canada on the North Side of the River S Lawrence, and all such Parts of His Majesty's antient Colonies of Nova Scotia, New England, and New York, on the South Side of the said River, as lie within the Limits above mentioned, and that It be called the Province of Quebec. His Majesty approves Your Lordships' Proposition of issuing imme diately a Proclamation, to prohibit for the present, any Grant or Settlement within the Bounds of the Countries intended to be reserved for the Use of the Indians; and to declare the Encouragement, which His Majesty, in his Royal Bounty, is graciously, pleased to give to reduced Officers, and Soldiers, who served in North America, during the late War, and are desirous of settling in the Colonies. But His Majesty is of opinion, that several other Objects, of much Importance to his Service, might, with great Propriety, be provided for at the same time: And that the speedy Settle ment of the new Colonies might be promoted; the Friendship of the Indians more speedily and effectually reconciliated, and Provision be made for preventing Inconveniences, which might otherwise arise from the Want A. and W. L., vol. 268, p. 217 SESSIONAL PAPER No. 18 of Civil Jurisdiction in the interior, and reserved Countries, by extending such Proclamation to the following Purposes, viz' To make known the Establishment and Limits of the four new Colonies, and the Additions made to the Governments of Newfoundland, Nova Scotia, and Georgia. To declare the Constitution of the new Governments, as established for the present, & intended in future, and the general Powers which the Governors will have of granting Lands within Them. To prohibit private Purchases of Lands from Indians. To declare a free Trade for all His Majesty's Subjects with all the Indians, under Licence, Security, and proper Regulations. And To impower all Military Officers and Agents for Indian Affairs, within the reserved Lands, to seize such Criminals, and Fugitives, as may take Refuge in that Country, and to send them to be tried in any of the old Colonies (if That can legally be done) or else to that Government, from which They respectively fled. It is therefore His Majesty's Pleasure, that Your Lordships do immediately prepare, and transmit to me the Draught of such a Proclamation as may extend to the several Points abovementioned.-But, with respect to One of Them, namely the Encouragements to be offered to reduced Officers, and Soldiers, I am to acquaint Your Lordships, that His Majesty's Intentions are, To grant to such reduced Officers only, as have served in North America during the late War, and to such private Soldiers only, as have been, or shall be, disbanded in America, and are actually residing there, the following Quantities of Land, in any of the Colonies on the Continent, upon the usual Reservation of Quit-Rents, after the Expiration of ten Years, and upon sure Terms of immediate Settlement, & Cultivation; viz To every Person having the Rank of a Field Officer.... To every Captain To every Subaltern or Staff Officer To every non-commissioned Officer. 5000 Acres 3000 2000 200 50. His Majesty is also graciously pleased to offer the like Quantities of Land, upon the same Terms, to such reduced Officers of his Navy, of like Rank, as served on board his Ships of War in North America, at the time of the Reduction of Louisbourg, and Quebec in the late War. I am farther to acquaint Your Lordships, that, as it is of the greatest Importance, that the General Plan, upon which His Majesty's Subjects are to carry on a free Trade with all the Indians of North America, should be established as soon as possible, His Majesty expects that Your Lordships will avail Yourselves of every Information in Your Power, and lay before Him, with all possible Dispatch, a System of Regulations for that purpose. As to the Commission proposed in Your Lordships,' Report of the 5th of August to be given to the Commander in Chief of His Majesty's Forces, for the government of the interior Country, if upon Experience, & future Information, it shall still appear to Your Lordships to be expedient, & practicable, You will be pleased to prepare, and lay it before His Majesty. I am &c DUNK HALIFAX.1 endorsed: Sept 19th 1763. 1 George Dunk, Earl of Halifax, succeeded Hon. George Grenville as Secretary of State (Northern Department) Oct. 14th, 1762. On Aug. 21st, 1763, the Earl of Egremont died suddenly from apoplexy and the Earl of Halifax temporarily took over the duties of the department, being formally transferred to the Southern Department about Sept. 9th. He was succeeded in the Northern Department by the Earl of Sandwich. To the Lords of Trade 6-7 EDWARD VII., A. 1907 Letter of Reference concerning the extent of the new Provinces-The Lords of Trade to Halifax.1 WHITEHALL October 4th 1763. MY LORD,-In obedience to His Majesty's Commands, signified to us by Your Lordship's Letter of the 19th of last Month, we have prepared, and herewith transmit to your Lordship, the Draught of a Proclamation, conformable to the Directions contained in your Lordship's Letter; And having laid the said Draught before His Majesty's Attorney General, He has reported to us, That, the same is agreeable to Law, and to the usual Form of Proclamations. We have only to observe to your Lordship, that, in order to save time, we have fixed the Limits of East Florida according to Our Letter to your Lordship of the 28th of last Month, presuming that our Opinion, mentioned therein, will be approved of by His Majesty. We beg leave further to add, That as it appears to us, upon a Revision of the Report of this Board of the 8th of June last, That, it will be expedient for His Majesty's Service, and give Confidence and Encouragement to such Persons as, are inclined to become Settlers in the new Colonies, That an immediate and public Declaration should be made of the intended permanent Constitution and that the power of calling Assemblies should be inserted in the first Commissions, We have therefore drawn the Proclamation agreeable to this Opinion, and have prepared the Commissions accordingly; and we humbly hope Our Conduct herein will meet with His Majesty's approbation, as we conceive, that any temporary Power of making Ordinances and Regulations, which must of necessity be allowed to the Governors and Councils before Assemblies can be called, as well as the mode of exercising that Power, will be better inserted in the Instructions, which we are now preparing.— Inclosing the Proclamation relative to America, and Observing that it will be better to insert, in the Instructions preparing for the Governors of the New Provinces, any temporary Power of making Ordinances & Regula tions which may be allowed to the Governors & Councils, than in the first Commissions. 20th An Inclosure. B. N° 5. 1 A. & W. I., Vol. 268, p. 227. SESSIONAL PAPER No. 18 PROCEEDINGS IN THE PRIVY COUNCIL. 1 AT THE COURT AT S JAMES'S the 5th day of October 1763. Present Proclamation the New Govern Approved. Whereas there was this day read at the Board a Draught of a ative to the settling Proclamation prepared by the Lords Commissioners for Trade and Plantations relative to the erecting within the Countries and Islands nts in America- ceded and confirmed to His Majesty by the late Definitive Treaty, four distinct and separate Governments by the Names of Quebec, East Florida, West Florida Grenada, and declaratory of the Constitution of the said New Colonys, of the encouragements to be given to reduced Officers and Soldiers and the Regulations to be observed in respect to the Indian Commerce and Country-His Majesty taking the said Draught of a Proclamation into His Royal Consideration, was pleased with the advice of His Privy Council to approve thereof, and to Order, as it is hereby Ordered that the Right Honourable the Earl of Halifax, One of His Majestys Principal Secretarys His Majty and dated of State do cause the said Draught of a Proclamation (which is hereunto annexed) to be prepared for His Majesty's Royal Signature. Plamation Mem1 this Procla mation was signed by the 7th Inst. Drafts of Comicons fr the Govt of bec, East Flori ta, West Florida & And Grenadas. Whereas there was this day read at the Board a Representation from the Lords Commissionners for Trade and Plantations, setting forth that His Majesty having been graciously pleased to approve a Plan for the erecting and establishing four Civil Governments in the Islands and Territories in America, ceded to His Majesty by the late Definitive Treaty, and it appearing to be necessary and expedient that a Publick Seal should be prepared for Sealing all publick Instruments in each of those Governments agreeable to the Method practiced and established in all other His Majesty's Colonies in America; The said Lords Commissioners therefore propose that Directions may be given to prepare with all possible Dispatch a Draught of a Seal for each of the said Governments conformable to the following Descriptions Viz' For the Province of Quebec On the One side His Majestys Effigies, pointing to a Chart of that Part of America through which the River of St Lawrence flows, including the Gulph and with this Legend or Motto underneath, Extensæ gaudent agnoscere Meta; and this Inscription around the Circumference, Sigillum Provinciæ nostræ Quebecensis in America; and on the Reverse His Majesty's Arms, Crown, Garter, Supporters and Motto with this Inscription round the circumference, Geo. III. Dei Gratia Magne Britanniæ, Franciæ et Hiberniæ Rex, Fidei Defensor Brunsvici et Luneburgi Dux, Sacri Romani Imperii, Archi Thesausarius et Elector. Upon reading this day at the Board a Representation* from the Lords Commissioners for Trade and Plantations dated the 4th of this Instant together with Draughts of Commissions prepared by them for the Honourable James Murray, Esq' to be Governor of This Representation is quoted in the Report of the Lords of the Committee upon the Drafts of Commissions for the Governors of Quebec, &c., 6th October, 1763. 1 Privy Council Register; Geo. III., p. 100, a Commee 6-7 EDWARD VII., A. 1907 Quebec, James Grant Esq' to be Governor of East Florida, George Johnstone Esq' to be Governor of West Florida, and Robert Melvill Esq' to be Governor of Granada, Dominico, St Vincent and TobagoIt is Ordered by His Majesty in Council that the said Representation and Draughts of Commissions Be, and they are hereby referred to the Right Honourable the Lords of the Committee of Council for Plantation Affairs to consider the same and Report their Opinion thereupon to His Majesty at this Board.— REPORT ON COMMISSIONS FOR GOVERNORS.1 N° 9. A. AT THE COUNCIL CHAMBER WHITEHALL the 6th day of October 1763 By the Right Honourable the Lords of the Committee of Council for Plantation Affairs &c Comicons Report of the Lords of the Committee upon the Drafs of Commis Earl of Halifax Your Majesty having been pleased by Your Order in Council of the 5th of this Instant to referr unto this Committee a Representation sions for the Goy" from the Lords Commissioners for Trade and Plantations, setting forth, of Quebec, East Flo-"that in Obedience to Your Majesty's Commands signified to them in rida, West Florida and the Granades a Letter from the late Earl of Egremont dated the 14th July, last, they have prepared Draughts of Commissions for the Honourable "James Murray Esq' to be Governor of Quebec, James Grant Esq' to "be Governor of East Florida, George Johnston Esq' to be Governor "of West Florida, and Robert Melvil Esq' to be Governor of Grenada, "Dominico and Tobago-That in the Description of the Governments "of Quebec, East Florida, and West Florida they have conformed "to the Limits and Bounds which your Majesty has been pleased to "direct and approve, and as they conceived it to be Your Majesty's "Royal Intention, that the Form and Constitution of Government in "these new Colonies, should be as near as may be similar to what has "been established in those Colonies, which are under Your Majesty's "immediate Government, they have therefore prepared these Commis "sions accordingly, by which the Governors are impower'd and "directed so soon as the Circumstances of the Colonies will admit "thereof, to summon and call General Assemblys of the Freeholders "in their respective Governments in such Manner as is practised in "Your Majesty's other Colonies; That they have omitted in these "Commissions any Power that it may be necessary to grant to the "Governors and Councils of Your Majestys said new Colonies to "make Temporary Regulations until Assemblys can be called, because they were of Opinion that an immediate and publick Declaration of "the intended permanent Constitution, and an Insertion in the first "Commissions of the Power of calling Assemblys so soon as the Cir"cumstances will admit, is expedient for Your Majesty's Service, and "will give Confidence and Encouragement to such of Your Majesty's Subjects, as shall incline to settle in your said new Colonies, and "because such Power of making temporary Regulations may be given 66 1 Privy Council Register, Geo. III., p. 112. 2 Wills, Earl of Hillsborough, succeeded the Earl of Shelburne as President of the Board of Trade, Sept. 9th, 1763. |