SESSIONAL PAPER No. 18 Canada, Florida and the new acquired Islands in the West Indies appear to Us to be the Places where Planting, perpetual Settlement and Cultivation ought to be encouraged and consequently where regular Forms of Government must immediately be established. Canada as possessed and claimed by the French consisted of an immense Tract of Country including as well the whole Lands to the westward indefinitely which was the Subject of their Indian Trade, as all that Country from the Southern Bank of the River St Lawrence where they carried on their Encroachments. It is needless to state with any degree of precision the Bounds and Limits of this extensive Country, for We should humbly propose to Your Majesty that the new Government of Canada should be restricted, so as to leave on the one hand, all the Lands lying about the great Lakes and beyond the Sources of the Rivers which fall into the River St Lawrence from the North, to be thrown into the Indian Country, and on the other hand, all the Lands from Cape Roziere to Lake Champlain, along the Heights where the Sources of the Rivers rise, which fall into the Bay of Fundy and Atlantic Ocean, to be annexed to Nova Scotia and New England in such a manner as upon any future directions after particular Surveys have been made shall appear most proper, If this general Idea shall be approved the future Bounds of the new Colony of Canada will be as follows, On the South East it will be bounded by the high Lands which range across the Continent from Cape Roziere in the Gulph of St Laurence to that point of Lake Champlain above St Johns which is in Latitude 45 Degrees North; which high Lands separate the heads of the Rivers which fall into the great River St Lawrence from the heads of those which fall into the Atlantick Ocean or Bay of Fundy. On the North West It will be bounded by a Line drawn South from the River St Johns in Labrador by the heads of those Rivers which fall into the River St Lawrence as far as the East end of Lake Nipissin upon the Ottowa River, and on the South West by a Line drawn due West to the River St Lawrence from that point on Lake Champlain which is directly opposite to where the South Line falls in and so cross the said River St Lawrence and pursuing a North West Course along the Heights where the Rivers rise, that fall into the Ottowa River, to be continued to the East end of Nipissin Lake where the North Line terminates. In order however that Your Majesty may judge with the greater precision of the Limits of Canada as above described and also of those We shall propose for Florida, and of the Country we think right to be left as Indian Territory, We humbly beg leave to refer to the annex'd Chart in which those Limits are particularly delineated, and of which Your Majesty will have a clearer Conception than can be conveyed by descriptive Words alone. The Advantage resulting from this restriction of the Colony of Canada will be that of preventing by proper and natural Boundaries, as well the Ancient French Inhabitants as others from removing & settling in remote Places, where they neither could be so conveniently made ameanable to the Jurisdiction of any Colony nor made subservient to the Interest of the Trade & Commerce of this Kingdom by an easy Communication with & Vicinity to the great River St Lawrence. And this Division by the heights of Land to the South of the River St Lawrence will on the one hand leave all Your Majesty's new French Subjects under such Government, as Your Majesty shall think proper to continue to them in regard to the Rights & Usages already secured or that may be granted to them. On the other hand, the reannexing to Nova Scotia all that Tract of Land from Cape Roziere along the Gulph of St Lawrence with the whole Coast of the The Report was accompanied by a printed map of North America by Eman. Bowen, Geographer to His Majesty, and engraved by John Gibson, on which the boundaries were marked. 6-7 EDWARD VII., A. 1907 Bay of Fundy to the River Penobscot, or to the River St Croix will be attended with this peculiar Advantage, of leaving so extensive a Line of Sea Coast to be settled by British Subjects; and all the new Settlers upon this Tract of Land will with greater facility be made amenable to the Jurisdiction of Nova Scotia than to that of Canada; and upon the same Principle, It will likewise be necessary to reannex the Islands of Cape Breton and St John's to the Government of Nova Scotia.1 And here, We cannot help offering it as Our humble Opinion that the utmost Attention should immediately be given to the Speedy Settlement of this Tract of Country and that Instructions be prepared for Your Majesty's Governor for that purpose, with particular regard to such Officers & Soldiers who have served so faithfully & bravely during the late War and who may now be willing to undertake such new Settlements under proper Conditions. It is obvious that the new Government of Canada, thus bounded, will, according to the Reports of Generals Gage, Murray and Burton, contain within it a very great number of French Inhabitants and Settlements, and that the Number of such Inhabitants must greatly exceed, for a very long period of time, that of Your Majesty's British and other Subjects who may attempt Settlements, even supposing the utmost Efforts of Industry on their part either in making new Settlements, by clearing of Lands, or purchasing old ones from the ancient Inhabitants, From which Circumstances, it appears to Us that the Chief Objects of any new Form of Government to be erected in that Country ought to be to secure the ancient Inhabitants in all the Titles, Rights and Privileges granted to them by Treaty, and to increase as much as possible the Number of British and other new Protestant Settlers, which Objects We apprehend will be best obtain'd by the Appointment of a Governor and Council under Your Majesty's immediate Commission & Instructions. But the particular Regulations and Provisions to be adapted to the different Circumstances and Situation of this as well as Your Majesty's other new Acquisitions, will more properly and distinctly come under Your Majesty's Consideration in the Draught of the Commission and Instructions to be prepared for each Governor, than in this first general Report. It will however be necessary that a large military Force be kept up 'till the number of British Inhabitants and new Settlers be very considerably increased, as well to secure the Obedience and Fidelity of the ancient French Inhabitants as to give full Protection & Security to the new British Settlers. Canada was, under the French, divided into the three Governments of Quebec, Montreal and Trois Rivieres, but the Residence of the chief Governor was at Quebec, and the two other Governments had each a Lieutenant Governor only, subordinate to the Governor in Chief, and we should humbly propose that the same Method be continued under the new Governm'; not only as by this means the Administration of Justice and of Commerce will be less embarrass'd, but that a less proportion of military Force will be requisite to be maintained and be more easily applicable against all external or internal Disturbances. Florida and that part of Louisiana to the eastward of the Missisippi, both which Tracts are ceded to Your Majesty by the late Treaty, may be compared to Canada, in respect to Extent of Territory, and the number of Indian Tribes, with which they have immediate Communication, but in other respects, they seem entirely different. The number of settled Inhabitants, either French or Spaniards, we apprehend, has never been 1 It will be observed that Nova Scotia, or Acadia, still included the territory afterwards erected into the separate Province of New Brunswick. The island of St. Johns, here mentioned, is now Prince Edward Island. SESSIONAL PAPER No. 18 considerable, and there is little probability, from the Facility of their Removal, that any of them will remain, after the Cessions are compleated, tho' we are of Opinion, as well from this Circumstance of their Paucity, as with a view to the immediate Settlement of the Country, that every Expedient should be used, to induce as many to remain as can be prevailed upon. The Produce of Canada, with its Trade, the Navigation of the River St Lawrence, with its Communication to the great Lakes of North America, are, from authentick Information, in many particulars tolerably well understood; but we are sorry it is not in our power, either from any materials in our Office, or from any other to be depended upon, to give Your Majesty that certain Information we could wish either with regard to the Coast, Harbours and Rivers of Florida, or as to the Variety of Produce which there is the greatest probability may be raised in that extended Country. We shall therefore content ourselves with suggesting at present, that whenever a Government is established in this Country, Instructions should be given for surveying with all possible Accuracy, as well the Sea Coast and places fit for Harbours as the internal Country and Rivers, particularly of that part which lies between the great Mountains and the Missisippi, of which there are not extant any Charts or Accounts on which we can depend, for which purpose it will be necessary that a proper number of able and skilfull Surveyors be appointed. The great Tract of Sea Coast from St Augustine, round Cape Florida, along the Gulph of Mexico, to the Mouth of the Missisippi makes it, we apprehend, indispenseably necessary that this Country should be divided into two distinct Governments, and, for the present, the Chief Residence of the Governor of the one should be at St Augustine, with orders to give particular Attention to Cape Florida, (as that Cape commands the whole Navigation from the Bay of Mexico) the Residence of the other at Pensicola, with particular Instructions regarding the Missisippi, the free Navigation of which ought, we apprehend, to be most accurately understood, not only in respect of that River being the future Boundary betwixt Your Majesty's Dominions, and those of the French, but as this River by its Communication with the Ohio, the Illinoris &c is of the utmost Importance to all Connection with the Indian Nations and the only Outlet to the great internal Trade, which may be carried on amongst them. If it shall be thought proper to divide Florida into two distinct Governments, they may be distinguished by the names of East and West Florida and may be bounded as follows, East Florida to be bounded by the Coast of the Atlantick Sea from Cape Florida to the North Entrance of St John's River, on the East; by a Line drawn due West from the North Entrance of St John's River to the Catahowche or Flint Rivers, on the North; and on the West and South West by that part of the Coast of the Gulph of Mexico, which extends from Cape Florida to the Mouth of the Catahowche River, and from thence following the Course of the said Rivers to where the North Line falls in. West Florida to comprehend all the Sea Coast of the Gulph of Mexico, extending West from the Catahowche River or Flint River towards the Missisippi, as far as Your Majesty's Territories extend, and stretching up into the Land as far as the 31st Degree of North Latitude, which, We humbly apprehend, is as far North as the Settlements can be carried, without interfering with Lands claimed or occupied by the Indians. By this Plan of Division, which is formed with a view to make the two Colonies as distinct as possible, by establishing a natural Line of Separation between them, and by giving to each a due proportion of the natural Advantages and Conveniencies of Commerce and Navigation, a large Tract 6-7 EDWARD VII., A. 1907 of Land lying between the North Boundary Line of East Florida and the River Alatamaha, the present South Boundary of Georgia, which has hitherto been unoccupied, as to any permanent Settlement, either by Your Majesty's Subjects or those of Spain, remains to be put under some proper Establishment and we think it cannot in any respect be better disposed of, than by putting it under the Jurisdiction and within the Government of Georgia, By this means the principal Obstacles, which have hitherto impeded the Progress of that advantageous and well regulated Colony, will be removed, and its Settlements extended to the great Benefit and Advantage of the Mother Country. : With respect to the Form of each of these Governments, We are of Opinion, that in regard to their being Infant Settlements the most suitable will be that of a Governor and Council, by Your Majesty's Commission, with Instructions adapted to the most quick and speedy Settlement of these Countries. But a considerable military Force must be likewise kept up in these Governments, as well in respect to the neighbourhood of the French and Indians, as to the Security of the Settlers, till their numbers enable them to have Security by their own internal Force. The chief Object of the new acquired Islands in the West Indies, being that of extending West Indian Products of all kinds, as quickly as possible, to the Benefit of the Trade of Your Majesty's Kingdoms; And such Extention being impossible to be obtain'd but by the means of a very large Capital immediately to be laid out by Settlers in the Purchase of Negroes and Erection of Buildings, it is obvious that Security in this is more peculiarly to be attended to, and that as all those Islands, the Grenadaes excepted, which are inhabited by French, are almost entirely uncleared and uncultivated, It is equally obvious, that this Security cannot be obtained for some time at least but by the means of regular Troops-and We are clearly of opinion that this is so necessary, that We do not believe any Persons of sufficient Stock will be found willing to hazard the Capital necessary for a Sugar Plantation in any of these Islands without it.-The next Circumstance necessary to the Establishment of general Security is that of the regular Administration of Justice under a civil Government, the only Form of which that can be adapted to the present Situation of these Islands is, We apprehend, by a Governor and Council, under Your Majesty's immediate Appointment. But all particulars relative to it will best come under Your Majesty's Consideration, when We receive Your Orders to prepare the Commission and Instructions for the Governor. We are of Opinion that the erecting all these Islands into one general Government, with a subordinate Lieutenant Governor in each, as is now practised in the Leeward Islands, will be better adapted, as well to the purposes of Civil Government as to the Application of military Power to the Protection of the whole, than either the separating of them into distinct Governments, or leaving those of St Vincent, Dominico and Tobago under the Commission of the Governor of Barbadoes.-For, by this means, the military Force will be best applied to the general Security, especially if their relative Situation be such as we are inform'd it is, that there is an easy Communication from yo one to the other, even of those which appear to be most remote. Their being subject to one Government for the present will likewise contribute best to the carrying most speedily into Execution those Instructions, which will be necessary, as well for surveying those Lands as for dividing them into Lotts proper for Sugar Plantations or other Products, and for granting such Lotts to such Persons as shall be willing to undertake the Settlement of them, either upon Sale, Lease or gratuitous Grants as Your Majesty shall think most proper to direct.-By this Disposition not only Your Majesty's Orders will go thro' the Channel of one Person, but one Person will be responsible for the due Execution of them. CONSTITUTIONAL DOCUMENTS SESSIONAL PAPER No. 18 Having thus given our humble opinion in general as to the Government, which it may be necessary for Your Majesty to establish in Canada, Florida and the West Indies, We should now conclude this point, reserving all other particulars relative to it to be offer'd to Your Majesty's Consideration in the Draughts of ye Commissions and Instructions for the respective Governors, which must necessarily be prepared, if Your Majesty shall approve the general Proposition, but our Duty and the Experience of our Office, as well as the Authority of our Predecessors, oblige Us on this Occasion to make one other general Observation, which We humbly submit to Your Majesty. That if all the Governors of Your Majesty's Colonies are not for the future obliged to constant Residence, as well as all subordinate Officers whatsoever, particularly in these new Governments, and appointed in such manner as to be removeable at Your Majesty's Pleasure there will be no proper Security either for the due Execution of their Offices upon the spot, or for their furnishing in a regular and punctual manner such Information to Your Majesty's Boards and Offices in this Kingdom, as is absolutely necessary for Your Majesty's Service, and for the Security and Improvement of Your old as well as new Colonies; and, We apprehend, it was upon a Conviction of this Truth, that when the Governments of Georgia and Nova Scotia were lately erected, all the new Officers then created, were appointed in this manner. It now only remains that, in Obedience to Your Majesty's Commands, We should give our Opinions upon the mode of Revenue least burthensome and most palatable to the Colonies, whereby they can contribute to the additional Expence, which must attend the Civil and Military Establishments adopted on the present Occasion, but on this point of the highest Importance, it is intirely out of our Power to form any Opinion, which We could presume to offer for Your Majesty's Consideration, as most of the Materials necessary to form a just and accurate Judgement upon it, are not within the reach of our Office. Such as can be procured shall be collected with all possible Dispatch, and shall at any time be laid before Your Majesty, in such manner as You shall please to direct. All which is most humbly submitted, Whitehall June 8th 1763 SHELBURNE BAMBER GASCOYNE 1 Referring to the custom which had grown up, and which was the occasion of much complaint in the American Colonies, of granting to Court favourites and others lucrative offices in the colonies, the claims to which were treated as proprietary rights, but the duties of which were sometimes neglected altogether, or were discharged by inferior and poorly paid deputies sent out by the patentees. See Instructions to See p. 136. Governor Murray, sec. 24. |