SESSIONAL PAPER No. 18 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 in any 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 and 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 Lands 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 Lands 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 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 purchasing 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 Colony 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 6-7 EDWARD VII., A. 1907 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 give Security to observe such Regulations as We shall at any Time think fit, by ourselves or by our Commissaries to be appointed 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 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 Treason, 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 stand accused, in order to take their Trial for the same.1 Given at our Court at St. James's the 7th Day of October 1763, in the Third Year of our Reign. GOD SAVE THE KING EGREMONT TO GOVERNOR MURRAY.2 WHITEHALL, Augt 13th 1763. Gov MURRAY. SIR, I take great Satisfaction in acquainting you, that His Majesty has been graciously pleased to confer on you the Government of Canada, over which Country you have already presided so long with such Applause, 1 The Earl of Halifax, in a letter to the Secretary at War, March 11, 1765, directing him to prepare and bring into Parliament a bill to extend the Mutiny Act to North America, points out that there are many posts in that country which are not under any civil jurisdiction, and that therefore the additions to be made to the 60th clause of the Mutiny Act are very necessary. This is especially so since, in the Proclamation of Oct. 7th, 1763, while provision is made for apprehending and bringing to justice such criminals as might take refuge at these posts, yet no mode is established for the punishment of crimes committed at those posts, or in the reserved territories. See Calendar of Home Office Papers 1760-1765, No. 1671 This is a portion of a letter from the Secretary of State, the Earl of Egremont, to Governor Murray. The remainder of the letter refers to the priest Le Loutre who had formerly occasioned much trouble in Acadia, and also to claims for lands granted to the late French Governor, Vaudreuil, in western Canada. Copy, from Public Record Office, in Canadian Archives, Q. 1, p. 117. SESSIONAL PAPER No. 18 that The King is persuaded this appointment will be received by His new subjects as a singular mark of His Majesty's Royal attention to their Welfare & Happiness. The necessary Commission & Instructions for you, on this occasion, which are preparing by the Board of Trade with all Dispatch, will be forwarded to you as soon as possible, and as they will contain very full Directions, not only with regard to the Form of Government to be established in Canada, but to your Conduct in every particular; I have no new Orders to transmit to you at present; But His Majesty thinks it very material, that you should be apprized, that He has received Intelligence, which give some reason to suspect, that the French may be disposed to avail Themselves of the Liberty of the Catholick Religion granted to the Inhabitants of Canada, in order to keep up their Connection with France, and, by means of the Priests, to preserve such an Influence over the Canadians, as may induce them to join, whenever Opportunity should offer, in any attempts to recover that Country; It therefore becomes of the utmost Consequence to watch the Priests very narrowly, and to remove, as soon as possible, any of them, who shall attempt to go out of their sphere, and who shall busy themselves in any civil matters: For tho' The King has, in the 4th Article of the Definitive Treaty, agreed to grant the Liberty of the Catholick Religion to the Inhabitants of Canada; and tho' His Majesty is far from entertaining the most distant thought of restraining His new Roman Catholick Subjects from professing the Worship of their Religion according to the Rites of the Romish Church: Yet the Condition, expressed in the same Article, must always be remembered, vizt: As far as the Laws of Great Britain permit, which Laws prohibit absolutely all Popish Hierarchy in any of the Dominions belonging to the Crown of Great Britain, and can only admit of a Toleration of the Exercise of that Religion; This matter was clearly understood in the Negotiation of the Definitive Treaty; The French Ministers proposed to insert the Words, comme ci-devant, in order that the Romish Religion should continue to be exercised in the same manner as under their Government; and they did not give up the Point, 'till they were plainly told that it would be deceiving them to admit those Words, for The King had not the Power to tolerate that Religion in any other Manner, than as far as the Laws of Great Britain permit: These Laws must be your guide in any Disputes that may arise on this Subject; But, at the same Time, that I point out to you the necessity of adhering to Them, and of attending with the utmost Vigilance to the Behaviour of the Priests, The King relies on your acting with all proper Caution & Prudence in regard to a matter of so delicate a Nature as this of Religion; And that you will, as far as you can, consistently with your Duty in the Execution of the Laws, & with the Safety of the Country, avoid every Thing that can give the least unnecessary Alarm, or Disgust, to His Majesty's new Subjects. Endorsed: Drat to Governor Murray Augt 13th 1763. I am & EGREMONT. 6-7 EDWARD VII., A. 1907 Commissions For the Govts and the Grenadoes Appd. Upon reading this day at the Board a Report from the Right of Quebec, Honourable the Lords of the Committee of Council for Plantation East Florida, West Florida, Affairs dated the 6th of this Instant humbly offering to His Majesty for His Royal Approbation four Draughts of Commissions prepared by the Lords Commiss" for Trade and Plantations for the Honourable James Murray Esq' to be Governor of Quebec, James Grant Esq' to be Governor of East Florida, George Johnstone Esq' to be Governor of West Florida, and Robert Melvill Esq' to be Governor of Grenada, Dominico, St Vincent and Tobago-His Majesty taking the same into Consideration is pleased with the Advice of His Privy Council to approve of the said Draughts of Commissions (which are hereunto annexed) 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 Warrants to be prepared for His Majestys Royal Signature in order to pass the said Commissions under the Great Seal of Great Britain. Nova Scotia Gov Appd Upon reading this day at the Board a Report from the Right Commission Honourable the Lords of the Committee of Council for Plantafor Montagu Wilmot to be tion Affairs, dated the 6th of this Instant humbly offering to His Majesty for His Royal Approbation a Draught of a Commission prepared by the Lords Commiss" for Trade and Plantations for Montagu Wilmot Esq' to be Captain General and Governor in Chief of His Majestys Province of Nova Scotia in AmericaHis Majesty taking &c ut Antea. ADDITIONAL CLAUSES IN NEW COMMISSIONS.2 4th November 1763 Georgia Order approving an Present The Kings Most Excellent Majesty &c. &c Whereas there was this day read at the Board a Report of His Instrument Majestys Attorney General dated the 29th of last Month tothe Southern gether with a Draught of an Instrument prepare'd by him revoking such part and so much of the Commission appointing for extending Boundary Line SESSIONAL PAPER No. 18 Wright re The Come to James Wright Esq' to be Governor of the Province of Georgia voking that bearing date the 4th day of May 1761, which doth any way dated 4. May 24 January 1764 1761 is dated relate to or concern the Limits and Bounds of the said Province, and appointing new* Bounds and Limits to the said Province whereby the Southern Boundary Line is extended to the most Southern Stream of a certain River called St Mary In the Com" of 20 Jany that revoked the River mentioned as His Majesty taking the same into Consideration, is pleased 1764 quoting with the Advice of His Privy Council to approve of the said Draught of an Instrument (which is hereunto annexed) and to Alatamaha is Order, as it is hereby Ordered, that the Right Honourable the the Southern Earl of Halifax One of His Majestys Principal Secretarys of State do cause a Warrant to be prepared for His Majesty's Royal Signature in order to pass the said Instrument under the Great Seal of Great Britain. boundary. 4th Nov. 1763 New Commicons Lett' from the Atty Gen'. for making an Addition to Upon reading this day at the Board a Letter from Mr Attorney General to the Right Honourable the Earl of Halifax, one of His Majestys Principal Secretaries of State, praying that an Addition should be made to the Clause in the Commissions for the Governors of Quebec, Grenada, East Florida, and West the Clause relative to Florida relative to the granting Lands-It is Ordered by His Granting Lands. Refd Majesty in Council that the said Letter and addition (which are hereunto annexed) Be, and they are hereby Referred to the Right Honourable the Lords of the Committee of Council for Plantation Affairs to consider the same and Report their Opinion thereupon to His Majesty at this Board to a Commee Commissions the Commicons for the Govrs of At the Council Chamber Whitehall the 11th day of November 1763 By the Right Honourable the Lords of the Committee of Council for Plantation Affairs Your Majesty having been pleased by Your Order in Council of the 4th Instant to referr unto this Committee a Letter from Addition to Mr Attorney General to the Right Honourable the Earl of the clause in Halifax one of Your Majestys Principal Secretarys of State proposing that the following Addition may be made to the Nova Scotia, Clause in the Commissions (approved by Your Majesty in CounQuebec, East Florida, cil on the 7th of last Month) for the Governors of Quebec, Grenada, West Florida East Florida, West Florida, and Nova Scotia relative to the Granting Lands—Vizt and the Gre nada's relative to the Granting Lands 1764. "Which Instructions, or any Articles contained therein, "or any such Order made in Our Privy Council, so far as the same "shall relate to the Granting of Lands, as aforesaid, shall from "time to time, be published in the Province, and entered of *The boundaries here described agree with those given in Wright's Commission of 24 Jan. |