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C



No. 1230.
EXTRACT FROM INSTRUCTIONS TO GOVERNOR OF NORTH CAROLINA, 24th DECEMBER, 1765.


PUBLIC RECORDS OFFICE, C.O. 5/325.

NORTH CAROLINA

Instructions to Our Trusty and Wellbeloved William Tryon Esquire, Our Captain General and Governor in Chief in and over Our Province of North Carolina in America. Given at Our Court at St. James's the Day of   in the Year   of Our Reign.

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108.  You are from time to time to give an Account as before directed, what strength your Neighbours have (be they Indians or others) by Sea and Land, and of the Condition of their Plantations, and what correspondence you do keep with them.

109.  Whereas the Peace and Security of Our Colonies and Plantations upon the Continent of North America does greatly depend upon the Amity & Alliance of the several Nations or Tribes of Indians bordering upon the said Colonies, and upon a just & faithfull Observance of those Treaties and Compacts, which have been heretofore solemnly entered into with the 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 Governors of Our several Colonies upon this head, the said Indians have made, & 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 unto 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 Pretentions, by passing Grants of the 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

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in the present situation of affairs, and being determined upon all Occasions to support and protect the said Indians in their just Rights & Possessions and to keep inviolable the Treaties and Compacts which have been entered into with them, do hereby strictly enjoin & command, that neither yourself nor any Lieutenant Governor, President of the Council, or Commander in Chief of Our said Province of North Carolina do upon any pretence whatsoever, 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 or 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 & 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 lawfull 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, upon pretence of Purchases made of the said Indians without a proper Licence first had & obtained either from Us, or any of Our Royal Predecessors, or any 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, 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 the 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 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 Commrs: for Trade & 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 further Directions therein ; And it is Our further Will & Pleasure that you do forthwith cause this Our Instruction to you to be made publick, not only within all parts of your said Province, inhabited by Our Subjects, but also amongst the several Tribes Indians living within the same, to the end that Our Royal Will and Pleasure in the Premisses 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.

110.  And whereas it is highly necessary for the Welfare of Carolina, that a good Understanding should be maintained with the Indian Nations as well for the promoting of Trade as for the Security of the Frontiers of your Government ; you are hereby particularly enjoined to use all possible

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ways and means for regaining the Affections of the said Indians, and to preserve a good Correspondence with such of them as remain faithfull to Our Interest, and you are likewise hereby directed to recommend in the strongest terms to the Indian Trader to be just and reasonable in their dealing with the native Indians, & likewise to propose to the Assembly, if you and Our Council there shall judge it necessary to pass one or more Laws for the better regulation of the said Indian Trade, and for the encouragement and protection of such Indians as shall adhere to Our Interest.

[1927lab]


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