SESSIONAL PAPER No. 18 17. That the said Agents or Superintendants shall have power to Confer such Honors and Rewards on the Indians, as shall be necessary; and of granting Commissions to principal Indians in their respective Districts to be War Captains or Officers of other Military Distinctions. 18. That the Indians of each Town in every Tribe in the Southern District shall choose a beloved Man to be approved of by the Agent or Superintendant for such District, to take care of the Mutual Interests both of Indians and Traders in such Town; and that such beloved Men, so elected and approved in the several Towns, shall elect a Chief for the whole Tribe, who shall constantly reside with the Commissary in the Country of each Tribe, or occasionally Attend upon the said Agent or Superintendant, as Guardian for the Indians and Protector of their Rights, with Liberty to the said Chief to be present at all Meetings and upon all Hearings or Trials relative to the Indians before the Agent or Superintendant, or before the Commissaries; and to give his Opinion upon all Matters under Consideration at such Meetings or Hearings. 19. That the like Establishments be made for the Northern District, as far as the Nature of the Civil Constitution of the Indians in this District, and the Manner of Administering civil affairs will admit. 20. That no person having any Military Command in the Indian Country shall be capable of Acting as Commissary for the Affairs of the Indians; in either of the above mentioned Districts respectively; nor shall such person having military Command be allowed to carry on trade with the Indians, or to interpose his Authority in any thing, that regards the Trade with, or civil Concerns of the Indians; but to give the Commissary or other Civil Magistrate all Assistance in his power, whenever thereunto required. 21. That the said Commissaries shall keep exact and regular Accounts, by way of Journal, of all their Transactions and Proceedings, and of all Occurrences in their respective Departments, and shall by every opportunity communicate such Transactions and Occurrences to the Agent or Superintendant in their respective Districts; which Agent or Superintendant shall regularly by every Opportunity correspond with the Commissioners for Trade and Plantations. 22. That the Agent or Superintendant, to be appointed for each District, as also the Commissaries residing at the Posts, or in the Indian Country within each District, shall take an Oath before the Governor or Chief Judge of any of the Colonies within their respective Districts, for the due Execution of their respective Trusts; and they and all other subordinate Officers, employed in the Affairs of the Indians, shall be forbid," under proper Penalties, to carry on any Trade with them, either upon their own Account, or in Trust for others, or to make any Purchase of, or accept any Grants of Lands from the Indians. 23. That for the better regulation of the Trade with the said Indians, conformable to their own Requests, and to prevent those Frauds and Abuses, which have been so long and so loudly complained of in the manner of carrying on such Trade, all Trade with the Indians in each District be carried on under the Direction and Inspection of the Agents or Superintendants, and other subordinate Officers to be appointed for that purpose, as has been already mentioned. 24. That all Persons intending to trade with the Indians shall take out Licences for that purpose under the Hand and Seal of the Governor or Commander in Chief of the Colony, from which they intend to carry on such Trade, for every of which Licences no more shall be demanded or taken than two Shillings. 25. That all persons taking out Licences shall enter into Bond to His Majesty, His Heirs, and Successors in the Sum of with one Surety in the Sum of for the due observance of the Regulations prescribed for the Indian Trade. 26. That every Person willing to give Security, and finding a Security willing, if required, to take an Oath, that he is possessed of property to double the Value of the Sum he stands security for, shall be intitled to a Licence. 18-3-281 6-7 EDWARD VII., A. 1907 27. That every such Licenced Trader shall at the time of taking out the Licence, declare the Post or Truck house, at which or the Tribe of Indians with which he intends to trade, which shall be specified in the Licence itself. 28. That no Licence be granted to continue longer than for one Year. 29. That no Person trade under such Licence, but the person named in it, his Servants, or Agents, whose Names are to be inserted in the Margents; and in Case any of the Servants or Agents named in such Licence shall die, or be discharged, the same shall be notified to the Governor, by whom the Licence was granted, or to the Commissary of the Post, or in the Tribe, where such Trader carries on Trade, to the end that the Name or Names of any other Servants or Agents, employed by the said Trader in the place of those dead or discharged, may in like manner be inserted in the Margent of the Licence. 30. That all Licences be entered in the Secretary's Office, or other proper Office of Record in each Colony, where they are taken out; for which Entry no more shall be demanded or taken than Six pence for each Licence; and all persons to have free Liberty to inspect such Entry, paying a Fee of Sixpence for the same. 31. That Persons trading with the Indians without a Licence, and without giving the Security above required, or trading at any other Posts or places, than those expressed in their Licences, do forfeit all the Goods they shall be found then trading with, and also pay a Fine of to His Majesty, His Heirs, and Successors, and suffer Months Imprisonment. 32. That all Traders immediately upon Arrival at the posts or Truck houses in the Northern district, or in the Tribes in the Southern district, for which Licences have been taken out, and before any Goods are sold to, or bartered with the Indians, do produce such Licences to the Commissaries appointed for the Direction and Inspection of the Trade at such posts, or Truck houses, or in such Tribes. 33. That all Trade with the Indians shall be carried on by Tariffs, to be settled and Established from time to time by the Commissaries at the several Posts, or Truck houses, or in the Countries belonging to the several Tribes in Concert with the Traders and Indians, 34. That the Commissaries appointed to direct and inspect the Trade at each Truck house in the Northern District, shall be empowered to fix and prescribe Limits round each Post or Truck house, within which Limits all Trade with the Indians may be commodiously carried on in the most public Manner. 35. That all Traders have free Liberty to erect Hutts and Warehouses within such Limits, in such Order and Manner as the Commissary shall, with the concurrence of the Officer Commanding at such Post, Direct and appoint. 36. That no Trader shall Traffic, or have any Dealings with the Indians without the Limits prescribed by the Commissary or other Chief Officer appointed for the Inspection and Direction of the Trade. 37. That each Truck house or post of Trade in the Northern District be fortified and garrisoned; and that all Traders have free Liberty to retire into such Garrison with their Effects, when ever any Disturbance shall Arise, or the Commissary at such post shall represent it to be necessary. 38. That no Trader shall sell or otherwise supply the Indians with Rum, or other spirituous Liquors, Swan Shot, or rifled Barrelled Guns. 39. That in Trade with the Indians no Credit shall be given them for Goods in Value beyond the Sum of fifty Shillings; and no Debt beyond that Sum shall be recoverable by La or Equity. 40. That all Disputes concerning Weights or Measures in the buying or selling Goods shall be decide 1 by Standard Weights and Measures, to be kept in each Post or Truck-house in the Northern District, and in each Tribe in the Southern District. 41. That no private person, Society, Corporation, or Colony be capable of acquiring any Property in Lands belonging to the Indians, either by purchase of, or Grant, or Conveyance from the said Indians, excepting only where the Lands lye within the Limits of any Colony, the soil of which has been vested in proprietors, or Corporations by Grants from the Crown; in which Cases such Proprietaries or Corporations only shall be capable of acquiring such property by purchase or Grant from the Indians. SESSIONAL PAPER No. 18 42. That proper Measures be taken, with the Consent and Concurrence of the Indians, to ascertain and define the precise and exact Boundary and Limits of the Lands, which it may be proper to reserve to them, and where no Settlement whatever shall be allowed. 43. That no purchases of Lands belonging to the Indians, whether in the Name and for the Use of the Crown, or in the Name and for the Use of proprietaries of Colonies be made but at some general Meeting, at which the principal Chiefs of each Tribe, claiming a property in such Lands, are present; and all Tracts, so purchased, shall be regularly surveyed by a Sworn Surveyor in the presence and with the Assistance of a person deputed by the Indians to attend such Survey; and the said Surveyor shall make an accurate Map of such Tract, describing the Limits, which Map shall be entered upon Record, with the Deed of Conveyance from the Indians. It is estimated, that the annual Expence of supporting the Establishments, proposed in the foregoing plan, providing presents for the Indians, and other contingent Expences, may amount to about twenty thousand pounds; and it is proposed to defray this Expence by a Duty upon the Indian Trade, either collected upon the Exportation of Skins and Furs, (Beaver excepted,) from the Colonies, or payable by the Traders at the posts and places of Trade, as shall, upon further Examination and the fullest Infor mation, be found most practicable, and least burthensome to the Trade. A. List of Indian Tribes in the northern District of North America. List of Indian Tribes in the southern District of North America. Instructions for Guy Carleton Esq' Gov' of Quebec, Dated 3a Jan3 1775. C.O. George R 6-7 CDWARD VII., A. 1907 INSTRUCTIONS RELATING TO TRADE AND NAVIGATION.' (Instructions 1774-1778.) 4 [L.S.] Orders and Instructions to Our Trusty and Well beloved Guy Carleton Esquire Our Captain General and Governor in Chief in and over Our Province of Quebec in America, In pursuance of several Laws relating to the Trade and Navigation of this Kingdom of Great Britain and our Colonies and Plantations in America, Given at Our Court at St James's the Third Day of January 1775. In the Fifteenth year of Our Reign. First You shall inform yourself of the principal Laws relating to the Plantation Trade, and shall take a solemn Oath to do your utmost that all the Clauses, Matters, and Things contained in all Acts of Parliament now in force, or that hereafter shall be made relating to Our Colonies or Plantations be punctually and bonâ fide observed according to the true intent and meaning thereof 24 And whereas, by an Act made in the Seventh and Eighth Years of the Reign of King William the Third, intituled "An Act for preventing Frauds, and regulating "abuses in the Plantation Trade" the Officers appointed for the performance of certain things mentioned in an Act passed in the fifteenth year of the Reign of King Charles the Second, intituled "An Act for the encouragement of Trade" commonly known by the Name of the Naval Officers, are to give security to the Commissioners of Our Cus toms in Great Britain for the Time being, or such as shall be appointed by them, for Our use, for the true and faithful performance of their duty, you, shall take care, that the said Naval Officers do give such Security to the said Commissioners of Our Customs or the Persons appointed by them, who are impowered to take the same in the manner thereby enjoined, and that he or they produce to you a certificate from them, of his, or their having given Security pursuant to a Clause in the said Act, and you are not to admit any Person to act, as Naval Officer who does not within two Months, or as soon as conveniently may be, after he has enter'd upon the execution of his Office, produce a Certificate of his having given such Security as aforesaid. 3d And whereas it is necessary for the more effectual dispatch of Merchants and others, that the Naval Officers and the Collectors of the Customs should reside at the same Ports or Towns, you are therefore to take care, that this regulation be observed,* and to consult with the Surveyor General of Our Customs, in what place it may be most convenient to have the Custom-House fixed in part of his District; and to take Care, that the Collector and Naval Officer reside within a convenient Distance of the CustomHouse for the Dispatch of Business. 4. Whereas by the Act for the encouraging and increasing of Shipping and Navigation passed in the twelfth year of the reign of King Charles the Second, no Goods or Commodities whatsoever are to be imported into, or exported out of any of Our Colonies or Plantations in any other ships or Vessels whatsoever, but in such as do truly and without Fraud belong only to Our People of Great Britain, or Ireland, or are of the Built of, and belonging to any of Our Lands, Islands, or Territories, as the Proprietors and right Owners thereof, and whereof the Master and three fourths of the Mariners at least are British under the Penalty of the forfeiture and loss of all the Goods and Commodities, which shall be imported into, or exported out of any of the said Places in any other Ship or Vessel, as also of the Ship or Vessel with her Guns, Furniture &c : And whereas by a Clause in the Act for preventing Frauds, and regulating Abuses in the Customs passed in the thirteenth and fourteenth years of the the reign of King Charles the Second, no foreign built Ship, that is to say, not built *This addition to the 34 Article found in the Trade Instructions to Carleton 1768. Privy Council Office Plantation Book 1767-1771. 1 Canadian Archives, M. 230, p. 177. These Instructions were furnished to all the Colonial Governors and contain a summary of the famous Navigation Acts, which express the essence of the whole Colonial System of the time, and show how limited, in point of law at least, was the outlet for the colonies even in regard to inter-colonial, not to mention foreign intercourse. SESSIONAL PAPER No. 18 in any of Our Dominions of Asia, Africa, and America shall enjoy the Privilege of a Ship belonging to Great Britain or Ireland, although owned and manned by British Subjects, (excepting such Ships only as shall be taken at Sea by Letters of Mart, or Reprizal, and Condemnation thereof made in Our Court of Admiralty as lawful Prize,) but all such Ships shall be deemed as Aliens Ships, and be liable to all duties that Aliens Ships are liable to by Virtue of the aforesaid Act, for the encouraging and increasing of Shipping and Navigation: And whereas by a Clause in the Act for preventing Frauds and regulating Abuses in the Plantation Trade, it is enacted that no Goods or Merchandizes whatsoever shall be imported into or exported out of any of Our Colonies or Plantations in Asia, Africa, or America, or shall be laden in, or carried from any one Port or place in the said Colonies or Plantations to any other Port or Place in the same, or to Our Kingdom of Great Britain in any Ship or Bottom but what is or shall be of the Built of Great Britain, or Ireland, or of the said Colonies or Plantations, and wholly owned by the People thereof, or any of them, and navigated with the Master and three fourths of the Mariners of the said Places only, except such Ships only, as shall be taken as Prize, and Condemnation thereof made in One of the Courts of Admiralty in Great Britain, Ireland, or the said Plantations to be navigated by the Master and three fourths of the Mariners British, or of the said Plantations as aforesaid, and whereof the Property does belong to British Subjects, on pain of forfeiture of Ship and Goods; And whereas by another Clause in the said Act for the more effectual prevention of Frauds, which may be used by colouring foreign Ships under British Names: It is further enacted, that no Ship or Vessel whatsoever shall be deemed or pass as a Ship of the Built of Great Britain, Ireland, Guernsey, Jersey, or any of Our Plantations in America, so as to be qualified to trade to, from, or in any of the said Plantations, until the Person or Persons claiming property in such Ship or Vessel shall register the same in manner thereby appointed: You shall take care and give in charge that these Matters and things be duely observed within Our said Province under your Government according to the true intent and meaning of the said Acts & the Offences & Offenders prosecuted according to the directions thereof, and where it is required, that the Master and three fourths of the Mariners be British: You are to understand, that the true intent and meaning thereof is, that they shall be such during the whole Voyage unless in case of Sickness, Death, or being taken Prisoners in the Voyage to be proved by the Oath of the Master or other Chief Officer of the Ship, and none but Our Subjects of Great Britain, Ireland, or the Plantations are to be accounted British. 5. Whereas, by the said Act of Navigation, as the same stands amended and altered by the aforesaid Act for regulation of the Plantation Trade, it is enacted that for every Ship or Vessel, which shall set Sail out of, or from Great Britain for any British Plantation in America, Asia, or Africa, sufficient Bond shall be given with one Surety to the chief Officer of the Customs of such Port or Place, from whence the. said Ship shall set Sail, to the value of One thousand Pounds if the Ship be of less burthen, than one hundred Tons, and of the Sum of two thousand Pounds, if the Ship shall be of greater Burthen: That in case the said Ship or Vessel shall load any of the Commodities therein enumerated, Viz' Sugar, Tobacco, Cotton Wool, Indigo, Ginger, Fustick or other dying Wood, of the growth, production, or Manufacture of any British Plantation in America, Asia, or Africa, at any of the said British Plantations, the said Commodities shall by the said Ship be brought to some Port of Great Britain, and be there unladen and put on Shore, the danger of the Seas only excepted; and for all Ships coming from any Port or Place to any of the aforesaid Plantations which by this Act are permitted to trade there, that the Governors of such British Plantations shall before the said Ship or Vessel be permitted to load on board any of the said Commodities, take Bond in manner and to the value aforesaid for each respective Ship or Vessel, that such Ship or Vessel shall carry all the aforesaid Goods, that shall be laden on board the said Ship or Vessel, to some other of the said British Plantations, or to Great Britain; and that every Ship or Vessel which shall load or take on board any of, the aforesaid Goods, until such Bond be given to the said Governor, or Certificate produced from the Officers of any Custom House of Great Britain, that such Bond hath there been duly given, shall be forfeited with her Guns, |