SESSIONAL PAPER No. 18 the late Treaty, whereas Your Majesty's Title to the Lakes and circumjacent Territory as well as to the Sovereignty over the Indian Tribes, particularly of the six Nations, rests on a more solid and even a more equitable Foundation; and perhaps nothing is more necessary than that just Impressions on this Subject should be carefully preserved in the Minds of the Indians, whose Ideas might be blended and confounded, if they should be brought to consider themselves as under the Government of Canada 24 We are apprehensive as the whole of this Country would become subject to the Laws of a particular Government or Province, it would give that Province such superior Advantage in respect to the whole of the Indian Trade, which Your Majesty in Your Justice and Wisdom has determined to leave as open as possible, to all Your Subjects, as might controul and obstruct it to the Prejudice of Your other Colonies 3 If this great Country should be annexed to the Government of Canada, we are apprehensive, that the Powers of such Government could not be carried properly into execution, either in respect to the Indians or British Traders, unless by means of the Garrisons at the different Posts and Forts in that Country, which must contain the greatest Part of Your Majesty's American Forces and consequently the Governor of Canada would become virtually Commander in Chief or constant and inextricable Disputes would arise, between him, and the commanding Officers of Your Majesty's Troops If these Objections should appear of Weight to Your Majesty, We would humbly propose, that a Commission under the Great Seal, for the Government of this Country, should be given to the Commander in Chief of Your Majesty's Troops for the time being adapted to the Protection of the Indians and the fur Trade of your Majesty's subjects; And We submit to your Majesty whether any Inconveniencies would arise, from such Commission, which would not equally arise from a like Commission to a Governor of any of Your Majesty's particular Colonies But as the Instructions to such Governour, if Your Majesty should approve of this Proposition, would require a great Variety of Information, both with respect to the Management of the Indian Tribes and Trade, which can only be had from Your Majesty's Commander in Chief, and Your Agents for Indian Affairs, We would further submit, whether the issuing such Commission and Instructions, may not be delayed; 'till by the receipt of such Information, which Your Majesty has been graciously pleased to direct, We are enabled to make a full and particular Report on that very important subject.And we flatter Ourselves, that no such delay will produce any bad Consequences, either in Respect to this Country's being considered as direlect, while Your Majesty's Troops are in the actual possession of every Post and Fort formerly enjoyed by the French, or in respect of Criminals and Fugitives, taking refuge in this Country with Impunity, as this may be easily prevented by an Instruction to the present Commander in Chief, empowering and directing him to send back all such Persons to their respective Colonies In the mean time We humbly propose that a Proclamation be immediately issued by Your Majesty as well on Account of the late Complaints of the Indians, and the actual Disturbances in Consequence, as of Your Majesty's fixed Determination to permit no grant of Lands nor any settlements to be made within certain fixed Bounds, under pretence of Purchase or any other Pretext whatever, leaving all that Territory within it free for the hunting Grounds of those Indian Nations Subjects of Your Majesty, and for the free trade of all your Subjects, to prohibit strictly all Infringements or Settlements to be made on such Grounds, and at the same time to declare Your Majesty's Intentions to encourage all such Persons who shall be inclined to commence new Settlements from Your old Colonies, together with all foreign Protestants, coming by themselves or with such Undertakers, in Your new Colonies of East and West Florida or your old Col ny of Nova Scotia with particular regard to be shewn to those Officers and Soldiers, more especially those residing in America, who have so faithfully and bravely distinguished themselves, during the War, by allowing; Five thousand Acres lying together to every Field Officer; Three thousand Acres to every Captain, Two thousand five hundred Acres to every Subaltern or Staff Officer; One hundred Acres to every non-commission Officer, and Fifty Acres, to every private Man; in such parts as they shall chuse, on condition, that they shall personally apply for and reside upon them subject to such 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. Aug 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 Government 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.' S' JAMES'S Sept 19th 1763. Lords of Trade. MY LORDS,-Having laid before the King Your Lordships, Representation of the 5th 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 Honble 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 St 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 immediately 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 Settlement 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 1 A. and W. I., vol. 268, p. 217 SESSIONAL PAPER No. 18 113 of Civil Jurisdiction in the interior, and reserved Countries, by extending To make known the Establishment and Limits of the four new Colonies, 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 & Regulations which may be allowed to the Governors & Councils, than in the first Commissions. 20th An Inclosure. 1 A. & W. I., Vol. 268, p. 227. B. N° 5. 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 ments in AmericaApproved. Whereas there was this day read at the Board a Draught of a relative to the settling Proclamation prepared by the Lords Commissioners for Trade and Plantations relative to the erecting within the Countries and Islands 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 of State do cause the said Draught of a Proclamation (which is hereunto annexed) to be prepared for His Majesty's Royal Signature.— Proclamation- mation was signed by Drafts of Comicons for the Govrs of Quebec, East Florida, 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 Magnæ 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, |