Proclamation by King George III of Great Britain, regarding the need for royal approval in land transactions with the Indians, of October 7, 1763. (Attachment V, Research Materials on the Catawba Indian Reservation Claim, prepared by the Native American Rights Fund) ATTACHMENT V From: The American Indian and the United States, Vol. III Proclamation of 1763 (Annual Register for 1763. pp. 208-13) The Proclamation of 1763, forbidding white settlement beyond a line drewn roughly along the crest of the Appalachians, was a carefully planned element in British imperial policy. It was designed to place North American possessions on a more stable footing following the defeat of the French in the Great War for Empire. The Indians of the interior, who regarded themselves as allies rather than subjects of the French, were startled to hear rumors that the English now claimed sovereignty over their territory. During the summer of 1763, the Indians—now stirred to action—srized post after post on the frontier from British troops. The British foreign ministry, under the leadership of Charles Wyndham, Second Earl of Egremont, one of the King's two principal Secretaries of State, sought to reassure the Indians that their lands were secure and that they would be acquired by the English through fair purchase only. The Proclamation, against which American frontiersmen would later rail, was vital in safeguarding the security of the newly won empire. While the Proclamation provec in fact, as George Washington phrased it in 1767, a “temporary expedient to quiet the minds of the Indians," it was also an attempt to develop a more civilized policy toward the Indian. BY THE KING A PROCLAMATION WHEREAS WE HAVE taken into our royal consideration the extensive and valuable acquisitions in America secured to cur Crown by the late definitive treaty of peace concluded at Paris the 10th day of February last; and being desirous that all our loving subjects, as well of our kingdom as of our colonics 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 us by the said treaty, four distinct and separate governments, styled and alled by the names of Quebec, East Florida, West Florida, and Grenada, and limited and bounded as follows, viz: First, the government of Queixes, bounded on the Labrador coast by the Hver St. John, and from thence by a line drawn from the head of that river, hrough 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 Bayes des Chaleurs, and the coast of the Gulph of St. Lawrence to Cape Rosieres, 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. Secondly, The governments of East Florida, bounded to the Westward by the Gulph of Mexico and the Apalachicola river; to the Northward, by a line drawn from that part of the said river where the Catahoochee 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 Gulph of Florida, including all islands within six leagues of the sea coast. Thirdly, The government of West Florida, hounded to the Southward by the Gulph 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 Catahoochee; and to the Eastward by the said river. Fourthly, The government of Grenada, 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 he extended to, and carried on upon the coast of Labrador and the adjacent islands, we have thought fit . . . to put all that coast, from the river St. John's to Hudson's Streights, together with the islands of Anticosti and Madelane, and all other smalier islands lying upon the said coast, under the care and inspection of our governor of Newfoundland. We have also ... thought fit to annex the islands of St. John and Cape Breton, or Isle Royale, with the lesser islands adjacent thereto, to our government of Nova Scotia. We have also ... annexed to our province of Georgia, all the lands lying between the rivers Atamaha and St. Mary's. And... we have... given express power and direction to our governors of our said colonies respectively, that so soon as the state and circuinstances 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 power 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 ACTS, ORDINANCES AND PROCLAMATIONS 2137 laws, statutes, and ordinances for the public peace, welfare, and good government of our said colonies, and of the people and inhabitants thereof, 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. 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 he molested or disturbed in the possession of such parts of our dominions and territories 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 conmander 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 warrants 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 northwest; 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 northwest 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 special leave and license 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 been ceded to or purchased by us, are still reserved to the said Indians as aforesaid, forthwith to remove themselves from such settlements. And whereas great frauds and abuses have been committed in the pur. chasing lands 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 colons respectively within which they shall lie: and in case they shall lie within the limits of any proprietary government, they shall be purchased only for the use and in the name of such 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 license for carrying on such trade, from the Gov ernor or commander in chief of any of our colonies respectively where such person shall reside, and also give security to observe such regulations as we shall at any time think fit, by ourselves or commissaries to be appoint. ed for this purpose, to direct and appoint for the benefit of the said trade. And we do hereby authorize, enjoin, and require the Governors and com manders 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 licenses without fee or reward, taking especial care to insert therein a condition that such license 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 treason, murders, or other felonies or misdemeanors, 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 day of October 1763, in the third year of our reign. GEORGE R Proclamation of September 22, 1783, by the U.S. Congress The committee, consisting of Mr. Duane, Mr. -Ramsey, Nov. 2, 1792. That they have had a conference with the two deputies of Resolved, That it be recommended to the legislature of the state of South Carolina, to take such measures for the satisfaction and security of the said tribe, as the said legislature. shall, in their wisdom, think fit. In Congis, fare of the United States, as well as necessary for the mainte- And it is morcover declared, that every such purchase or settlement, gift, or cession, not having the authority aforesaid, is null and void, and that no right or title will accrue in consequence of any such purchase, gift, cession, or settlement. Done in congress, at Princeton, this 22d day of September, in the year of our Lord one thousand seven hundred and eighty-three, and of our sovereignty and independence the eighth. Preclamation Rezolved, That the preceding measures of congress relative In cones. to Indian affairs, shall not be construed to affect the territorial 15, 1733. *• clains of any of the states, or their legislative rights within their respective li:nits. Resolution |