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Royal Instruction, 1761
Draft of an Instruction for the Governors of Nova Scotia New Hampshire, New York, Virginia, North Carolina, South Carolina, and Georgia forbidding them to Grant Lands or make Settlements which may interfere with the Indians bordering on those Colonies.
WHEREAS the peace and security of our Colonies and plantations
upon the Continent of North America does greatly depend upon the Amity
and Alliances of the several Nations or Tribes of Indians bordering
upon the said Colonies and upon a just and faithful Observance of
those Treaties and Compacts which have been heretofore solemnly entered
into with the said Indians by Our Royal Predecessors Kings & Queens
of this Realm,
And whereas notwithstanding the repeated Instructions which have
been from time to time given by Our Royal Grandfather to the Governor
of Our several Colonies upon this head the said Indians have made
and so still continue to make great complaints that Settlements have
been made and possession taken of Lands, the property of which they
have by Treaties reserved to themselves by persons claiming the said
lands under pretence of deeds of Sale and Conveyance illegally, fraudulently
and surreptitiously obtained of the said Indians;
And Whereas it has likewise been represented unto Us that some of
Our Governors or other Chiefs Officers of Our said Colonies regardless
of the Duty they owe to Us and of the Welfare and Security of our
Colonies have countenanced such unjust claims and pretensions by passing
Grants of the Land so pretended to have been purchased of the Indians.
We therefor taking this matter into Our Royal Consideration, as also
the fatal Effects which would attend a discontent amongst the Indians
in the present situation of affairs, and being determined upon all
occasions to support and protect the said Indians in their just Rights
and Possessions and to keep inviolable the Treaties and Compacts which
have been entered into them,
Do hereby strictly enjoin & Command that neither yourself nor
any Lieutenant Governor, President of the Council or Commander in
Chief of Our said Colony/Province of do upon any pretence whatever
upon pain of Our highest Displeasure and of being forthwith removed
from your or his office, pass any Grant or Grants to any persons whatever
of any lands within or adjacent to the Territories possessed or occupied
by the said Indians or the Property Possession of which has at any
time been reserved to or claimed by them.
And it is Our further Will and Pleasure that you do publish a proclamation
in Our Name strictly enjoining and requiring all persons whatever
who may either wilfully or inadvertently have seated themselves on
any lands so reserved to or claimed by the said Indians without any
lawful Authority for so doing forthwith to remove therefrom
And in case you shall find upon strict enquiry to be made for that
purpose that any person or persons do claim to hold or possess any
lands within Our said Province/Colony upon pretence of purpose made
of the said Indians without proper licence first had and obtained
either from Us or any of Our Royal Predecessors or any other person
acting under Our or their Authority you are forthwith to cause a prosecution
to be carried on against such person or persons who shall have made
such fraudulent purchases to the end that the land may be recovered
by due course of Law
And whereas the wholesome Laws that have at different times been
passed in several of our said Colonies and the instructions which
have been given by Our Royal Predecessors for restraining persons
from purchasing lands of the Indians without a License for that purpose
and for regulating the proceedings upon such purchases have not been
duly observed,
It is therefore Our express Will and Pleasure that when any application
shall be made to you for license to purchase lands of the Indians
you do forebear to grant such License until you shall have first transmitted
to Us by Our Commissioners for Trade and Plantations the particulars
of such applications as well as in respect to the situation as the
extent of the lands so proposed to be purchased and shall have received
Our further directions therein;
And it is Our further Will and Pleasure that you do forthwith cause
this Our Instruction to you to be made public not only within all
parts of your said Province/Colony inhabited by Our Subjects, but
also amongst the several Tribes of Indians living within the same
to the end that Our Royal Will and Pleasure in the Premises may be
known and that the Indians may be apprised of Our determined Resolution
to support them in their just Right, and inviolably to observe Our
Engagements with them.
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