ADDITIONAL 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 IN VIOLATION OF INDIAN RIGHTS.
PUBLIC RECORDS OFFICE, C.O. 324/40.
Additional Instruction for Our Trusty & Wellbeloved Sir Jeffery Amherst, Knight of the Bath, Our Captain General and Governor in Chief of Our Colony and Dominion of Virginia in North America ; And in his absence, to Our Lieutenant Governor, or Commander in Chief of the said Colony & Dominion for the Time being. Given at Our Court of St. James's the Ninth day of December 1761, In the Second Year of our Reign.
Whereas the Peace and Security of our Colonies and Plantations upon the Continent of North America, does greatly depend upon the Amity and Alliance 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, and Queens of this Realm ; And
whereas notwithstanding the repeated Instructions, which have been, from Time to Time, given by Our late Royal Grand Father to the Governors of Our several Colonies on this Head, the said Indians have made and do 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 into Us, that some of Our Governors, or other Chief 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 ye Lands so pretended to have been purchased of the Indians. We therefore 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 with them, do hereby strictly enjoin and command
that neither Yourself, nor any Lieutenant Governor or Commander in chief of Our said Colony and Dominion of Virginia in North America, do, upon any Pretence whatsoever, upon pain of Our highest Displeasure, and of being forth-with 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, or Possession of which has, at any time been reserved to or claimed by them ; And it is Our farther Will and Pleasure, that You do publish a Proclamation, in Our Name, strictly enjoining and requiring all Persons whatever, who may either willfully or inadvertently have seated themselves upon 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 Colony and Dominion, upon Pretence of Purchases made of the said Indians, without a proper Licence first had and obtained, either from Us, or any of Our Royal Predecessors, or any Persons 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 a due Course of Law. And whereas the wholesome Laws, which 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 Indians without a Licence 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 Licence to purchase Lands of the Indians, You do forbear to grant such Licence until You shall have first transmitted to Us, by our Commissioners for Trade and Plantations, the particulars of such application, as well in respect to the situation, as the Extent of the Lands, so proposed to be purchased, and shall have received Our farther Pleasure therein ; And it is Our farther Will and Pleasure, that You do forthwith cause these Our Instructions to You to be made publick, not only within all Parts of Our said Colony and Dominion inhabited by Our Subjects, but also amongst the several Tribes of Indians living within the same, to the end that Our Royal Will & Pleasure in the Premises may be known, and that the Indians may be apprized of Our determined Resolution to support them in their just Rights, and inviolably to observe Our Engagements with them.
A like Instruction for Henry Ellis, Esqr, His Majesty's Captain General and Governor in Chief in & over His Majesty's Province of Nova Scotia, or Arcadia, in No America ; & in his absence, to the Commander in Chief, or to the President of the Council of His Maty's said Province for the Time being dated as above.
A like Instruction for Arthur Dobbs, Esqr, His Majesty's Captain General & Governor in Chief in & over His Majesty's Province of North Carolina, in No America, & in his absence &ca as Govr Ellis's dated 9th Dec 1761.
A like Instruction for Benning Wentworth, Esqr, His Majesty's Captain General & Governor in Chief, in & over His Majesty's Province of New Hampshire, in No America, & in his absence &c. as in Fol. 6 dated as above.
A like Instruction for Robert Monckton, Esqr, His Majesty's Captain General and Govr in Chief of His Majesty's Province of New York, & the Territories depending thereon, in No America, and in his absence &c. as in Fol. 6. dated as above.
A like Instruction for Thomas Boone Esqr, His Majesty's Captain General and Govr in Chief, in & over His Majesty's Province of South Carolina, in No America ; & in his absence &c. as Fol. 127 dated as above.
A like Instruction for James Wright, Esqr, His Majesty's Captain General, & Governor in Chief, in & over His Majesty's Province of Georgia, in No America ; and, in his absence &c. as Fol. 122 dated as above.