Proclamation of 1763
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1763 North
America after the Treaty of Paris
(February 10, 1763) and after the
Royal Proclamation (October 7, 1763)
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History of
West Florida
BY THE KING. A PROCLAMATION
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 10th day of
February last; and being desirous that all Our loving Subjects, as
well of our Kingdom 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
Châleurs, and the Coast of the Gulph of St. Lawrence to Cape
Rosières, 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 of St. John.
Secondly — The Government 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
Chatahouchee 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 Eastward and Southward 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, bounded 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 31 Degrees North
Latitude, to the River Apalachicola or Chatahouchee; 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's 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 Islands of St. John's 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 Alatamaha and St. Mary's.
And whereas it will greatly contribute to the speedy settling of 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 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 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 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 Sentences 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 with any
other Persons 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 our other
Colonies, and under such other Conditions as shall appear to us to
be necessary and expedient for the Advantage of the Grantees, and
the Improvement and settlement of our said Colonies.
And Whereas, We are desirous, upon all occasions, to testify our
Royal Sense and Approbation of the Conduct and bravery of the
Officers and Soldiers of our Armies, and to reward the same, We do
hereby command and empower our Governors of our said Three new
Colonies, and all other our Governors of our several Provinces on
the Continent of North America, to grant without Fee or Reward, to
such reduced Officers as have served in North America during the
late War, and to such Private Soldiers as have been or shall be
disbanded in America, and are actually residing there, and shall
personally apply for the same, the following Quantities of Lands,
subject, at the Expiration of Ten Years, to the same Quit-Rents as
other Lands are subject to in the Province within which they are
granted, as also subject to the same Conditions of Cultivation and
Improvement; viz.
To every
Person having the Rank of a Field Officer —
5,000 Acres.
To every Captain — 3,000 Acres.
To every Subaltern or Staff Officer, — 2,000
Acres.
To every Non-Commission Officer, — 200
Acres.
To every Private Man — 50 Acres.
We do likewise
authorize and require the Governors and
Commanders in Chief of all our said Colonies
upon the Continent of North America to grant the
like Quantities of Land, and upon the same
conditions, to such reduced Officers of our Navy
of like Rank as served on board our Ships of War
in North America at the times of the Reduction
of Louisbourg and Quebec in the late War, and
who shall personally apply to our respective
Governors for such Grants.
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
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 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
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 willfully 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 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 conjoin 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.
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
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