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And to prevent all disputes on account of encroachments, or supposed encroachments, committed by the English inhabitants of this or any other of his Majesty's provinces, on the lands or hunting grounds reserved and claimed by the Upper and Lower Creek nations of Indians, and that no mistakes, doubts, or disputes, may, for the future, arise thereupon, in consideration of the great marks of friendship, benevolence, and clemency, extended to us, the said Indians of the Upper and Lower Creek nations, by His Majesty King George the Third, we, the said chiefs and head warriors, leaders of our respective nations, by virtue and in pursuance of the full rights and power we have and are possessed of, have agreed, and we do hereby agree, that, for the future, the boundary be at the dividing paths going to the nation and Mobile, where is a creek; that it shall run along the side of that creek until its confluence with the river which falls into the bay; then to run around the bay and take in all the plantations which formerly belonged to the Yanmasee Indians; that no notice is to be taken of such cattle or horses as shall pass the line; that, from the said dividing paths towards the west, the boundary is to run along the path leading to Mobile, to the creek, called Cassaba; and from thence, still in a straight line, to another creek or great branch, within forty miles of the ferry, and so to go up to the head of that creek; and from thence turn round towards the river so as to include all the old French settlements at Tassa; the eastern line to be determined by the flowing of the sea in the bays, as was settled at Augusta. And we do hereby grant and confirm unto His Majesty, his heirs, and successors, all the lands contained between the said lines and the sea coast.

The third is a treaty between the same parties as the last, made at Picolata, Florida, November 18, 1765. The fifth article is as follows:

To prevent all disputes on account of encroachments, or supposed encroachments, made by the English inhabitants of his Majesty's said province, on the lands or hunting grounds reserved and claimed by the Upper and Lower nations of Creek Indians, and that no doubts, mistakes, or disputes, may, for the future, arise; in consideration of the great marks of friendship, benevolence, and clemency, generosity, and protection, extended to us, the said Indians

Laws, U. S., etc, respecting Public Lands, Vol. II, 1836, app., p. 276. (Appearing in original text.)

of the Upper and Lower Creek nations, by His Majesty King George the Third, we, the chiefs, head warriors, and leaders, of our respective nations, by virtue and in pursuance of the full rights and power which we now have, and are possessed of, have agreed, and we do hereby agree, that, for the future, the boundary line of His Majesty's said province of East Florida shall be, all the sea coast as far as the tide flows, in the manner settled with the English by the Great Tomachiches, with all the country to the eastward of St. John's river, forming nearly an island from its source to its entrance into the sea, and to the westward of St. John's river by a line drawn from the entrance of the creek Ocklawagh into said river above the great lake, and near to Spalding's upper trading storehouse, to the forks of Black creek at Colville's plantation; and from thence to that part of St. Mary's river which shall be intersected by the continuation of the line to the entrance of Turkey creek into the river Altamaha. That no notice is to be taken of such horses or cattle as shall pass the line. And we do hereby accordingly grant and confirm unto His Majesty, his heirs and successors, all the said lands within the said lines.

1

But little need be said in regard to the English policy in the Canadian provinces from their acquisition in 1762. The system outlined in the proclamation of October 7, 1763, appears to have been followed from that time up to the present day, and it may truly be said that, as a general rule, it has been one of justice and humanity creditable to the Canadian authorities. Mr. Joseph Howe, in retiring from his position as superintendent of Indian affairs in 1872, makes the following statement: “Up to the present time the results are encouraging, and although I regret that the state of my health will soon compel me to relinquish the oversight of the work, I trust it will not be neglected by those who may come after me, and who ought never to forget that the crowning glory of Canadian policy in all times past, and under all administrations, has been the treatment of the Indians." Though this statement is perhaps too broad, yet the course pursued under English control, with some exceptions relative to the seaboard provinces, has been an honorable one.

One precaution which the commissioners adopted and have generally followed was to require the assembled Indians to name the chiefs, or persons of their tribes, who were authorized by them to make the treaty and sign the grant. This fact and the names of the persons so selected were inserted in the deed or grant.

1 Laws, U. S., etc, respecting Public Lands, Vol. II, 1836, app., p. 276. (Appearing in original text.)

EXHIBIT 4.

Proclamation of the King of Great Britain.'

BY THE KING, A PROCLAMATION-GEORGE R.

Whereas, we have taken into our royal consideration the extensive and valuable acquisitions in America, secured to our crown by the late definitive treaty of peace concluded at Paris, the roth day of February last; and being desirous that all our loving subjects, as well of our kingdoms as of our colonies in America, may avail themselves, with all convenient speed, of the great benefits and advantages which must accrue therefrom to their commerce, manufactures, and navigation; we have thought fit, with the advice of our privy council, to issue this our royal proclamation, hereby to publish and declare to all our loving subjects, that we have, with the advice of our said privy council, granted our letters patent under our great seal of Great Britain, to erect, within the countries and islands ceded and confirmed to us by the said treaty, four distinct and separate governments, styled and called by the names of Quebec, East Florida, West Florida, and Grenada, and limited and bounded as follows, viz:

First, the Government of Quebec, bounded on the Labrador coast by the river St. John, and from thence by a line drawn from the head of that river, through the lake St. John, to the South end of the lake Nipissim; from whence the said line, crossing the river St. Lawrence, and the lake Champlain, in 45 degrees of North latitude, passes along the High Lands, which divide the rivers that empty themselves into the said river St. Lawrence, from those which fall into the sea; and also along the North coast of the Baye des Chaleurs, and the coast of the gulf of St. Lawrence to cape Rosiers, and from thence, crossing the mouth of the river St. Lawrence by the West end of the island of Anticosti, terminates at the aforesaid river St. John.

Laws, U. S., etc., relating to Public Lands (1828), p. 84.

Secondly, the Government of East Florida, bounded to the Westward by the Gulf of Mexico and the Apalachicola river; to the Northward by a line drawn from that part of the said river where the Catahouchee and Flint rivers meet, to the source of St. Mary's river, and by the course of the said river to the Atlantic ocean; and to the East and South by the Atlantic ocean and the gulf of Florida, including all islands within six leagues of the sea-coast.

Thirdly, the Government of West Florida, bounded to the Southward by the gulf of Mexico, including all islands within six leagues of the coast, from the river Apalachicola to lake Pontchartrain; to the Westward by the said lake, the lake Maurepas, and the river Mississippi; to the Northward, by a line drawn due East from that part of the river Mississippi which lies in thirty-one degrees North latitude, to the river Apalachicola or Catahouche, and to the Eastward by the said river.

Fourthly, the Government of Grenade, &c. comprehending the island of that name, together with the Grenadines, and the islands of Dominico, St. Vincent, and Tobago.

And to the end that the open and free fishery of our subjects may be extended to, and carried on upon, the coast of Labrador and the adjacent islands, we have thought fit, with the advice of our said privy council, to put all that coast, from the river St. John's to Hudson's straights, together with the islands of Anticosti and Madelaine, and all other smaller islands lying upon the said coast, under the care and inspection of our Governor of Newfoundland.

We have, also, with the advice of our privy council, thought fit to annex the island of St. John and Cape Breton, or Isle Royale, with the lesser islands adjacent thereto, to our Government of Nova Scotia.

We have also, with the advice of our privy council aforesaid, annexed to our province of Georgia, all the lands lying between the rivers Altamaha and St. Mary's.

And whereas, it will greatly contribute to the speedy settling our said new Governments, that our loving subjects should be informed of our paternal care for the security of the liberties and properties of those who are, and shall become inhabitants thereof; we have thought fit to publish and declare, by this our proclamation, that we have, in the letters patent under our great seal of Great Britain, by which the said Governments are constituted, given express power and direction to our Governors of our said colonies, respectively, that, so soon as the state and circumstances of the said colonies will admit thereof, they shall, with the advice and consent of the members of our council, summon and call general assemblies, within the said governments, respectively, in such manner and form as is used and directed in those colonies and provinces in America, which are under our immediate government; and we have also given powers to the said Governors, with the consent of our said councils, and the representatives of the people, so to be summoned as aforesaid, to make, constitute, and ordain laws, statutes, and ordinances, for the public peace, welfare, and good government of our said colonies, and of the people and inhabitants therof, as near as may be agreeable to the laws of England, and under such regulations and restrictions as are used in other colonies; and in the mean time, and until such assemblies can be called as aforesaid, all persons inhabiting in, or resorting to, our said colonies, may confide in our royal protection for the enjoyment of the benefit of the laws of our realm of England; for which purpose we have given power under our great seal to the governors of our said colonies, respectively, to erect and constitute, with the advice of our said councils, respectively, courts of judicature and public justice within our said colonies, for the hearing and determining all causes, as well criminal as civil, according to law and equity, and as near as may be, agreeable to the laws of England, with liberty to all persons who may think themselves aggrieved by the sentence of such courts, in all civil cases, to appeal, under the usual limitations and restrictions, to us in our privy council.

We have also thought fit, with the advice of our privy council as aforesaid, to give unto the Governors and councils of our said three new colonies upon the continent, full power and authority to settle and agree with the inhabitants of our said new colonies, or to any other person who shall resort thereto, for such lands, tenements, and hereditaments, as are now, or hereafter shall be, in our power to dispose of, and them to grant, to any such person or persons, upon such terms, and under such moderate quit-rents, services, and acknowledgments, as have been appointed and settled in other colonies, and under such other conditions as

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