Report Of The Lords Commissioners For Trade And Plantations On
Chapter 7
And whereas it is _just_ and _reasonable_, and _essential to our interest_, and the security of our colonies, that the several nations or tribes of Indians, with whom we are connected, and who live under our protection, should not be molested or disturbed in the possession of such parts of our dominions _as, not having been ceded to, or purchased by us, are reserved to them, or any of them, as their hunting grounds_; we do therefore, with the advice of our privy council, declare it to be our royal will and pleasure, that no governor, or commander in chief, in any of our colonies of Quebec, East Florida, or West Florida, do presume, upon any pretence whatever, to grant warrants of survey, or pass any patents for lands beyond the bounds of their respective governments, as described in their commissions; _as also_ that no governor or commander in chief of our other colonies or plantations in America, do presume for the present, and until our further pleasure be known, to grant warrant of survey, or pass patents for any lands _beyond the heads or sources of any of the rivers which fall into the Atlantic ocean from the west or north-west_; or upon any lands whatever, _which not having been ceded to, or purchased by us, as aforesaid, are reserved to the said Indians, or any of them_.
And we do further declare it to be our royal will and pleasure, _for the present_, as aforesaid, to reserve under our sovereignty, protection, and dominion, _for the use of the said Indians, all the land and territories not_ included within the limits of our said three new governments, or within the limits of the territory granted to the Hudson's Bay company; _as also, all the land and territories lying to the westward of the sources of the rivers which fall into the sea from the west and north-west as aforesaid_; and we do hereby strictly forbid, on pain of our displeasure, all our loving subjects from making any purchases or settlements whatever, or taking possession of any of the lands above reserved, without our especial leave and licence for that purpose first obtained.
And we do further strictly enjoin and require all persons whatever, who have either wilfully or inadvertently seated themselves upon any lands within the countries above described, or upon any other lands, _which not having being ceded to, or purchased by us_, are still reserved to the Indians as aforesaid, forthwith to remove themselves from such settlements.
And whereas great frauds and abuses have been committed in the purchasing land of the Indians, to the great prejudice of our interests, and to the great dissatisfaction of the said Indians; in order therefore to prevent such irregularities for the future, and to the end that the Indians may be convinced of our justice and determined resolution to remove all reasonable cause of discontent, we do, with the advice of our privy council, strictly enjoin and require, that no private person do presume to make any purchase from the said Indians of any lands reserved to the said Indians within those parts of our colonies where we have thought proper to allow settlement; but that if at any time any of the said Indians should be inclined to dispose of the said lands, the same shall be purchased only for us, in our name, at some public meeting or assembly of the said Indians, to be held for that purpose by the governor or commander in chief of our colony respectively within which they shall lie: and in case they shall lie within the limits of any proprietaries, conformable to such directions and instructions as we or they shall think proper to give for that purpose: and we do, by the advice of our privy council, declare and enjoin, that the trade with the said Indians shall be free and open to all our subjects whatever, provided that every person who may incline to trade with the said Indians, do take out a licence for carrying on such trade, from the governor or commander in chief of any of our colonies respectively, where such person shall reside, and also the security to observe such regulations as we shall at any time think fit, by ourselves or commissaries, to be appointed for this purpose, to direct and appoint for the benefit of the said trade: and we do hereby authorise, enjoin, and require the governors and commanders in chief of all our colonies respectively, as well those under our immediate government, as those under the government and direction of proprietaries, to grant such licences without fee or reward, taking especial care to insert therein a condition that such licence shall be void, and the security forfeited, in case the person to whom the same is granted, shall refuse or neglect to observe such regulations as we shall think proper to prescribe as aforesaid.
And we do further expressly enjoin and require all officers whatever, as well military as those employed in the management and direction of Indian affairs within the territories reserved, as aforesaid, for the use of the said Indians, to seize and apprehend all persons whatever, who standing charged with treasons, misprisions of treasons, murders, or other felonies or misdemeanours, shall fly from justice and take refuge in the said territory, and to send them under a proper guard to the colony where the crime was committed of which they shall stand accused, in order to take their trial for the same.
Given at our court at St. James's, the 7th of October 1763, in the third year of our reign.
GOD save the KING.
APPENDIX, No. II.
STATE of the KING's QUIT-RENTS in NORTH AMERICA.
Consideration The time the Quit-rents Expence to the money paid lands are received. country for the to King exempted from support of the for the quit-rent. civil government lands. of the colonies.
Isl. of None 20 years. None ---- St. John
Nova Scotia {And yet no } _L_ _s._ _d._ None -- 10 years. {quit-rents } 707,320 19 7-1/4 {have been } {received, } {tho' the } {colony was } {established} {22 _years } {ago_. }
Canada None ---- ----
Massachussets } None -- {Wholly exempt } Connecticut } {from quit-rents } None None Rhode Island } {and all payments} {to the crown. }
N. Hampshire None ---- None None
New York None {This colony was } ---- None {restored to the } -- {crown in the } {year 1693-4, } {and yet from } {that time } {very little } {quit-rents have } {been received. }
New Jersey } None {Wholly exemp } None None Pensylvania } {from quit-rents } Maryland } {and all } {payments to the } {crown. }
Virginia None {This colony was } ---- ---- {re-assumed by } {the crown in } {the year 1626; } {and yet for a } {great number of } {years, the } {quit-rents were } {not paid at } {all;--never } {with any } {regularity till } {within a very } {few years; and } {now from what } {is paid there } {is a deduction } {of at least } {20 per cent. }
N. & S. } None ---- ---- --- Carolina. }
Georgia None {This colony was } None 214,610 3 1-1/2 {settled in the } {year 1735, } {and yet no } {quit-rents have } {been received. }
E. & W. Florida None 10 years. None 90,900 0 0
But it is {_L_10,460 } {The quit-rents } {All the } proposed to {7_s._ } {to commence in } {expenses } pay for the {3_d._ } {twenty years } {of the civil} colony on the {which is } {from the time } {government } Ohio. {_all_ the } {of the survey } {of the } {money the } {of each lot } {colony, to } {_whole_ } {or plantation, } {be borne } {country } {and to be } {and paid } {(of which } {paid into the } {by the } {this is } {hands of such } {propriators.} {only a } {person as } {small } {his Majesty } {part) cost} {shall appoint } {government} {to receive } {for the } {the same, _net } {cession } {and clear_ of } {from the } {all deductions } {Six } {whatsoever, } {Nations. } {for collections } {or otherwise. }