Royal Proclamation of 1763

A portion of eastern North America; the 1763 "Proclamation line" is the border between the red and the pink areas.

The Royal Proclamation of 1763 was issued October 7, 1763, by King George III following Great Britain's acquisition of French territory in North America after the end of the French and Indian War/Seven Years' War. The purpose of the proclamation was to organize Great Britain's new North American empire and to stabilize relations with Native North Americans through regulation of trade, settlement, and land purchases on the western frontier. The Royal Proclamation continues to be of legal importance to First Nations in Canada.

Background

The Treaty of Paris, which ended Britain's participation in the Seven Years War, had seen large swathes of new land brought under crown control, as Britain was ceded all North America east of the Mississippi River.

Provisions

New colonies

Besides regulating colonial expansion, the proclamation dealt with the management of newly ceded French colonies. It established government for four areas: Quebec, West Florida, East Florida, and Grenada.

Native lands

One of the biggest problems confronting the British Empire in 1763 was maintaining peace with North American Indians who lived on the land acquired from France in the Treaty of Paris. Many of these people—primarily in the Great Lakes region—had a long and close relationship with France, and were dismayed to find that they were now under British sovereignty. Pontiac's Rebellion (1763–1766) was an unsuccessful effort by Native Americans to prevent Great Britain from occupying the land previously claimed by France. The Proclamation of 1763 had been in the works before Pontiac's Rebellion, but the outbreak of the conflict hastened the process. British officials hoped the proclamation would reconcile American Indians to British rule and thus help to prevent future hostilities.

The proclamation created a boundary line (often called the proclamation line) between the British colonies on the Atlantic coast and American Indian lands (called the Indian Reserve) west of the Appalachian Mountains. The proclamation line was not intended to be a permanent boundary between white and American Indian lands, but rather a temporary boundary which could be extended further west in an orderly, lawful manner. The proclamation outlawed private purchase of Native American land, which had often created problems in the past; instead, all future land purchases were to be made by Crown officials "at some public Meeting or Assembly of the said Indians". Furthermore, British colonists were forbidden to move beyond the line and settle on native lands, and colonial officials were forbidden to grant lands without royal approval. The proclamation gave the Crown a monopoly on all future land purchases from American Indians.

Almost immediately, many British colonists and land speculators objected to the proclamation boundary, since there were already many settlements beyond the line (some of which had been temporarily evacuated during Pontiac's War), as well as many existing land claims yet to be settled. Indeed, the proclamation itself called for lands to be granted to British soldiers who had served in the Seven Years' War. Prominent American colonists joined with land speculators in Britain to lobby the government to move the line further west. As a result, the boundary line was adjusted in a series of treaties with Native Americans. The Treaty of Fort Stanwix and the Treaty of Hard Labor (both 1768) and the Treaty of Lochaber (1770) opened much of what is now West Virginia and Kentucky to British settlement.

Legacy

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For First Nations

The Royal Proclamation continued to govern the cession of aboriginal land in British North America, especially Upper Canada and Rupert's Land. The proclamation forms the basis of land claims of aboriginal peoples in Canada – First Nations, Inuit, and Métis. The Royal Proclamation of 1763 is thus mentioned in section 25 of the Canadian Charter of Rights and Freedoms.

According to historian Colin Calloway, "scholars disagree on whether the proclamation recognized or undermined tribal sovereignty".^[1] The language of the proclamation made it clear that the British still believed that all native lands ultimately belonged to the Crown. However, the proclamation established the important precedent that the indigenous population had certain rights to the lands they occupied—in the past, by contrast, the Crown had granted lands without regard to native claims.

Some see the Royal Proclamation of 1763 as a “fundamental document” for First Nations land claims and self-government.^[2] It is “the first legal recognition by the British Crown of Aboriginal rights.”^[3] The intent and promises made to the native in the Proclamation have been argued to be of a temporary nature, only meant to appease the Native peoples who were becoming increasingly resentful of “settler encroachments on their lands”^[4] and were capable of becoming a serious threat to British colonial settlement. ^[5][6] While advising the Board of Trade on August 30, 1764, Sir William Johnson expressed that

The Indians all know we cannot be a Match for them in the midst of an extensive woody Country…from whence I infer that if we are determined to possess Our Posts, Trade & ca securely, it cannot be done for a Century by any other means than that of purchasing the favour of the numerous Indian inhabitants.^[7]

With the proclamation, “the British were trying to convince Native people that there was nothing to fear from the colonists, while at the same time trying to increase political and economic power relative to First Nations and other European powers.”^[8] However, the Royal Proclamation along with the subsequent Treaty of Niagara, provide for an argument that “discredits the claims of the Crown to exercise sovereignty over First Nations”^[9] and affirms Aboriginal “powers of self-determination in, among other things, allocating lands.”^[10] Further so, the Royal Proclamation outlined a policy in which to protect and extinguish Aboriginal rights and in doing so, recognized these rights existed.

For the United States

The influence of the Royal Proclamation of 1763 on the coming of the American Revolution has been variously interpreted. Many historians argue that the proclamation ceased to be a major source of tension after 1768, since the aforementioned treaties opened up extensive lands for settlement. Others have argued that colonial resentment of the proclamation contributed to the growing divide between the colonies and the mother country. Historian Woody Holton, for example, argued that even though the boundary was pushed west in subsequent treaties, the British government refused to permit new colonial settlements for fear of instigating a war with Native Americans, which angered colonial land speculators.^[11]

In the United States, the Royal Proclamation of 1763 ended with the American Revolutionary War, because Great Britain ceded the land in question to the United States in the Treaty of Paris (1783). Afterwards, the U.S. government also faced difficulties in preventing frontier violence, and eventually adopted policies similar to those of the Royal Proclamation. The first in a series of Indian Intercourse Acts was passed in 1790, prohibiting unregulated trade and travel in Native American lands. Additionally, the U.S. Supreme Court case Johnson v. M'Intosh (1823) established that only the U.S. government, and not private individuals, could purchase land from Native Americans.

References

Notes

Bibliography

Further reading

External links

Wikisource has original text related to this article: Royal Proclamation of 1763

• Complete text of the Royal Proclamation Act, 1763
• UShistory.org
• Treaty of Hard Labor