SESSIONAL. PAPER No. 18 Having thus given our humble opinion in general as to the Government, which it may be necessary for Your Majesty to establish in Canada, Florida and the West Indies, We should now conclude this point, reserving all other particulars relative to it to be offer'd to Your Majesty's Consideration in the Draughts of ye Commissions and Instructions for the respective Governors, which must necessarily be prepared, if Your Majesty shall approve the general Proposition, but our Duty and the Experience of our Office, as well as the Authority of our Predecessors, oblige Us on this Occasion to make one other general Observation, which We humbly submit to Your Majesty. That if all the Governors of Your Majesty's Colonies are not for the future obliged to constant Residence, as well as all subordinate Officers whatsoever, particularly in these new Governments, and appointed in such manner as to be removeable at Your Majesty's Pleasure there will be no proper Security either for the due Execution of their Offices upon the spot, or for their furnishing in a regular and punctual manner such Information to Your Majesty's Boards and Offices in this Kingdom, as is absolutely necessary for Your Majesty's Service, and for the Security and Improvement of Your old as well as new Colonies; and, We apprehend, it was upon a Conviction of this Truth, that when the Governments of Georgia and Nova Scotia were lately erected, all the new Officers then created, were appointed in this manner.1 It now only remains that, in Obedience to Your Majesty's Commands, We should give our Opinions upon the mode of Revenue least burthensome and most palatable to the Colonies, whereby they can contribute to the additional Expence, which must attend the Civil and Military Establishments adopted on the present Occasion, but on this point of the highest Importance, it is intirely out of our Power to form any Opinion, which We could presume to offer for Your Majesty's Consideration, as most of the Materials necessary to form a just and accurate Judgement upon it, are not within the reach of our Office. Such as can be procured shall be collected with all possible Dispatch, and shall at any time be laid before Your Majesty, in such manner as You shall please to direct. All which is most humbly submitted, Referring to the custom which had grown up, and which was the occasion of much complaint in the Aerican Colonies, of granting to Court favourites and others lucrative offices in the colonies, the claims which were treated as proprietary rights, but the duties of which were sometimes neglected altogether, ere discharged by inferior and poorly paid deputies sent out by the patentees. See Instructions to vernor Murray, sec. 24. See p. 136. 6-7 EDWARD VII., A. 1907 Lords of Trade Egremont to the Lords of Trade.' WHITEHALL July 14th 1763. MY LORDS,-Your Report, dated the 8th of last Month, having been laid before the King, and His Majesty having taken the Same into Consideration; I am, in Consequence thereof, to acquaint your Lordships, That the King approves the Erecting Three New Governments in N° America, under the Denominations, your Lordships propose, of Canada, East Florida, and West Florida; But, with regard to the Limits of these Governments, as described in the Report, and marked out in the Chart thereunto annexed; Altho' His Majesty entirely concurs in your Lordships Idea, of not permitting any Grant of Lands, or New Settlements to be made, for the present, beyond the Bounds proposed by your Lordships: Yet the King thinks, that great Inconveniences might arise, from so large a Tract of Land being left, without being Subject to the Civil Jurisdiction of some Governor, in Virtue of His Majesty's Commission, under the Great Seal of Great Britain; And that, (besides the Difficulties there might be, for Want of such a Civil Jurisdiction, in bringing to Justice Criminals, & Fugitives, who may take Refuge in that Country,) Their not being included within some established Government might, in Time to come, furnish Matter of Dispute, with Regard to the Property; And other Powers, who might hereafter find Means of Access to those Countries, might take Possession thereof, as derelict Lands: The King therefore is of Opinion, that, in the Commission for the Governor of Canada, all the Lakes, viz', Ontario, Erie, Huron, Michigan, and Superior, should be included, with all the Country, as far North, & West, as the Limits of the Hudsons Bay Company, and the Mississippi; And also that all Lands whatsoever, ceded by the late Treaty, and which are not already included within the Limits of His Majesty's ancient Colonies, or intended to form the Governments of East and West Florida, as described in your Lordships Report, be assigned to the Government of Canada, unless your Lordships should suggest any other Distribution, which might answer the purpose more effectually; On which Matter your Lordships will lose no Time in making a Report to His Majesty." Having thus informed your Lordships of the King's Intentions, with regard to the Extent of the New Governments to be erected in North America; I am now to repeat to you, That His Majesty entirely concurs in your Lordships Idea, of not permitting, for the present, any Grant of Lands, or New Settlements, beyond the Bounds proposed in your Report; And that all the Countries, beyond such Bounds, be also, for the present, left unsettled, for the Indian Tribes to hunt in; but open to a free Trade for all the Colonies: And the King would have the Instructions to the Three New Governors in North America, formed so, as to contain the strongest Injunctions and Restrictions for this Purpose:-And His Majesty, having been pleased to appoint The Honble James Murray to be Governor of Canada; Francis Grant Esq' to be Governor of East Florida; and George Johnstone Esq' to be Governor of West Florida; I am to signify to your Lordships, the King's Pleasure, that you do, forthwith, prepare, to be laid before His Majesty for His Approbation, Draughts of Commissions, and Instructions, for the said Three Governors, agreable to the King's Intentions communicated to you in this Letter, and to the Form of Government, proposed by your Lordships, of a Governor and Council by the King's Commission; Adapting the Instructions to the different Circumstances and Situation of the respective Countries; And your Lordships will insert an Instruction to the said Governors of Canada, and of Fast and West Florida, to cause accurate Surveys to be made, of the Countries under their Government. With regard to the ancient Colonies; I am to acquaint your Lordships, that the King approves the extending the Limits of Georgia in the Manner you suggest; as also 1 A. and W. I., vol. 268, p. 205. 2 The reasons for not following the plan suggested are given in the reply of the Lords of Trade, of Aug. 5th, which follows this letter." SESSIONAL PAPER No. 18 Additions, your Lordships propose to be made, to Nova Scotia; and, in Case such adition to Georgia, and Nova Scotia, shall make it necessary to issue New Commisto any of the present Governors in N° America, your Lordships will prepare Iraughts thereof, for the King's Approbation: And your Lordships will also prepare Draughts of such Instructions, as shall be necessary, for the several Governors of the Accent Colonies, for preventing their making any New Grants of Lands, beyond certain Limits to be therein laid down for that purpose; And in these Instructions, as well ain Those for the New Governors, your Lordships will insert a Clause directing most articular Regard to be had, in the granting of any Lands, to such Officers and Soldiers, Dire especially Those residing in America, who have served so faithfully, and bravely, ring the War, and who may now be willing to undertake any New Settlements der proper Conditions. which His Majesty thinks it highly proper, that the Agents for Indian Affairs should pond with your Lordships, in regard to the Indian Country, and should transmit Information on this Subject, as your Lordships shall require from them; for purpose you will send them the necessary Orders and Instructions; But, with regard to the Commander in Chief of His Majesty's Forces, the King thinks, that His Correspondence should remain, as it has hitherto done, with the Secretary of Mate; who will not fail to communicate to your Lordships all such Informations, & Lights, as he shall, from time to time, furnish, relative to the State of the new Acquisitions America; And as soon as your Lordships shall be able, from such Information, to ake a more full and particular Report, as to the Number of Troops necessary to be attained in the several Governments, and Posts, in America; and that the King still have taken His Resolution thereupon; the Secretary of State will signify the same to the Commander in Chief: And, in the mean Time, I shall acquaint him, with your Loriships general Idea, that a large Military Force should be kept up in the New ernments; and such Garrisons, as he shall, in his Discretion, think proper, in the Forts already erected, and proposed to be kept up, for the Security of the Indian Trade. Having now gone thro' the several Points, relative to North America, I come to te new acquired Islands in the West Indies; On which Subject I have only to inform Four Lordships, that the King approves your Proposal of Erecting all These Islands, Grenada and the Grenadines; St. Vincent; Dominico; and Tobago; into one genGovernment; with a subordinate Lieutenant Governor in Each, as is now practiced in Leeward Islands, under the same Form of Civil Government by a Governor and Cancil:-And His Majesty having been pleased to appoint Robert Melvill Esq. to be Governor of the said Islands; Your Lordships will prepare, to be laid before the King His Approbation, the Draught of a Commission, and Instructions, for the said entleman, adapted to the Situation & Circumstances of the same: But as the Islands of Vincent, Dominico, & Tabago, as well as St Lucia, ceded to France by the Definitive Treaty, are all included, by Name, in the Commission of the Governor of Barbados ; ar Lordships will consider, whether it may not be necessary to dismember the said Sands from that Government, by a New Commission to the Governor, or by some other gal Method. It is farther His Majesty's Pleasure, that your Lordships should forthwith take into your Consideration, and report, what Methods shall appear, to you, the most reasonable, also the most frugal, for the peopling, and settling, the New Governments, with useand industrious Inhabitants, either from such of His Majesty's Colonies, That may Overstocked with Inhabitants, or from any Foreign Parts. I am &c EGREMONT endorsed: Dra to the Lords of Trade. July 14h 1763. Letter of Reference concerning the Extent & Settlement of the new Governments. All Indian Country ought to be included under some civil Jurisdiction, tho' no Grants Lands or Settlements to be permitted beyond certain Limits-And concerning Comssions & Instructions to be prepared for the New Governors.— No. 9 A. 6-7 EDWARD VII., A. 1907 Lords of Trade to Egremont.1 WHITEHALL August 5th 1763 MY LORD, Having prepared an humble Representation to His Majesty upon that part of Your Lordship's Letter of the 14th of July last which acquaint us with Hi Majesty's Pleasure that all the Country therein describ'd should be assign'd to the Government of Canada, unless we should suggest some other Distribution which migh more effectually answer His Majesty's Intention with respect to those Lands, We beg Leave to inclose to Your Lordship our said Representation desiring you will be pleased to lay it before His Majesty We are My Lord Your Lordship's Most obedient and most humble Servants, ORWELL BAMBER GASCOYNE SHELBURNE GEO: RICE Earl of EGREMONT one of His Majesties Principal Secrys of State. Endorsed Augt 5th 1763 R 6th Lords of Trade with an Inclosure. To The King's Most Excellent Majesty. MAY IT PLEASE YOUR MAJESTY. In Obedience to Your Majesty's Commands contained in a Letter from the Earl of Egremont, dated the 14th of July last signifying to Us Your Majesty's most gracious Approbation of Our Idea, that that large Tract of Country bounded by the Mississipp and the Limits of the Hudson Bay Company on the one hand and on the other by the Limits of Canada, East and West Florida and His Majesty's ancient Colonies, should for the present be made subject to no grants of Lands nor to any Settlements. But ac quainting us, that it was Your Majesty's Pleasure, that it should be put under some civi Jurisdiction, by a Commission under the Great Seal of Great Britain, so as to preven any Objection, which might be formed, as to the Property of it, or its being considere as abandoned or direlict, or it's becoming a refuge for Criminals and Fugitives, and for these Reasons, that the whole of this Territory should be inserted in the Commission of the Governor of Canada, and assigned to that Government, unless we should suggest to Your Majesty some disposition which would answer these Purposes more effectually and directing us on this Matter to lose no time to report to Your Majesty. We have taken this important Subject into our most serious Consideration and do most humbly concurr in Your Majesty's Opinion, of the propriety of putting this Country under a particular Government, by a Commission under Your Great Seal, with a most precise Description of its Boundaries, in Order to ascertain the actual possession of its Property, and with such Powers as may be necessary, as well to maintain and secure the free Exercise of the Indian Trade, which it is proposed all Your Majesty's Subjects shall enjoy within it, under proper Regulations, as to prevent its becoming a Refuge to Criminals and Fugitives.-But at the same time, we beg Leave to submit to Your Majesty, the following Objections which have occurred to us, against the annexing this Country to any particular Government, especially to that of Canada 1st We are apprehensive that, should this Country be annexed to the Government of Canada, a Colour might be taken on some future Occasion, for supposing that Your Majesty's Title to it, had taken it's Rise, singly from the Cessions made by France, in 1 This reply from the Lords of Trade, with its inclosure are not contained in the A. and W. I. ries "Canada," vol. I. They are taken from Canadian Archives Q. 1, p. 109. SESSIONAL PAPER No. 18 the late Treaty, whereas Your Majesty's Title to the Lakes and circumjacent Territory well as to the Sovereignty over the Indian Tribes, particularly of the sixNations, rasts on a more solid and even a more equitable Foundation; and perhaps nothing is more necessary than that just Impressions on this Subject should be carefully preserved in the Minds of the Indians, whose Ideas might be blended and confounded, if they ould be brought to consider themselves as under the Government of Canada 24 We are apprehensive as the whole of this Country would become subject to the Laws of a particular Government or Province, it would give that Province such superior Advantage in respect to the whole of the Indian Trade, which Your Majesty in Your Justice and Wisdom has determined to leave as open as possible, to all Your Subjects, as might controul and obstruct it to the Prejudice of Your other Colonies 3 If this great Country should be annexed to the Government of Canada, we are apprehensive, that the Powers of such Government could not be carried properly into execution, either in respect to the Indians or British Traders, unless by means of the Garrisons at the different Posts and Forts in that Country, which must contain the atest Part of Your Majesty's American Forces and consequently the Governor of Canada would become virtually Commander in Chief or constant and inextricable isputes would arise, between him, and the commanding Officers of Your Majesty's Troops If these Objections should appear of Weight to Your Majesty, We would humbly propose, that a Commission under the Great Seal, for the Government of this Country, uld be given to the Commander in Chief of Your Majesty's Troops for the time being adapted to the Protection of the Indians and the fur Trade of your Majesty's subjects; And We submit to your Majesty whether any Inconveniencies would arise, from such Commission, which would not equally arise from a like Commission to a Governor of any f Your Majesty's particular Colonies But as the Instructions to such Governour, if Your Majesty should approve of this Poposition, would require a great Variety of Information, both with respect to the Management of the Indian Tribes and Trade, which can only be had from Your Majesty's Commander in Chief, and Your Agents for Indian Affairs, We would further submit, ther the issuing such Commission and Instructions, may not be delayed; 'till by the receipt of such Information, which Your Majesty has been graciously pleased to direct, We are enabled to make a full and particular Report on that very important subject.And we flatter Ourselves, that no such delay will produce any bad Consequences, either Respect to this Country's being considered as direlect, while Your Majesty's Troops are in the actual possession of every Post and Fort formerly enjoyed by the French, or respect of Criminals and Fugitives, taking refuge in this Country with Impunity, as this may be easily prevented by an Instruction to the present Commander in Chief, empowering and directing him to send back all such Persons to their respective ColoniesIn the mean time We humbly propose that a Proclamation be immediately issued Your Majesty as well on Account of the late Complaints of the Indians, and the itual Disturbances in Consequence, as of Your Majesty's fixed Determination to permit grant of Lands nor any settlements to be made within certain fixed Bounds, under pretence of Purchase or any other Pretext whatever, leaving all that Territory within free for the hunting Grounds of those Indian Nations Subjects of Your Majesty, and far the free trade of all your Subjects, to prohibit strictly all Infringements or Settlements to be made on such Grounds, and at the same time to declare Your Majesty's Intentions encourage all such Persons who shall be inclined to commence new Settlements from Your old Colonies, together with all foreign Protestants, coming by themselves or with ach Undertakers, in Your new Colonies of East and West Florida or your old Col ny Nova Scotia with particular regard to be shewn to those Officers and Soldiers, more Specially those residing in America, who have so faithfully and bravely distinguished hemselves, during the War, by allowing; Five thousand Acres lying together to every Field Officer; Three thousand Acres to every Captain, Two thousand five hundred Acres to every Subaltern or Staff Officer; One hundred Acres to every non-commission cer, and Fifty Acres, to every private Man; in such parts as they shall chuse, on ition, that they shall personally apply for and reside upon them subject to such |