(Redirected from 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 Britain's vast new North American empire, and to stabilize relations with
Native Americans through regulation of
trade, settlement, and land purchases on the western frontier. The Proclamation in essence forbade colonists of the thirteen colonies from settling or buying land west of the Appalachians.The colonists were angry because many already had land in that area. Additionally, the Proclamation gave the Crown a monopoly in land bought from Native Americans.
Native land
One of the biggest problems confronting the British Empire in 1763 was maintaining peace with North American Native Americans 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 Native Americans to British rule and thus help to prevent future hostilities.
The proclamation created a boundary line or The Proclamation line between the British colonies on the Atlantic coast and American
First Nations lands (called the
Indian Reserve) west of the
Appalachian Mountains. The proclamation line was not intended to be a permanent boundary between white and Native American lands (as is sometimes believed), 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 Native Americans.
According to historian Colin Calloway, "scholars disagree on whether the proclamation recognized or undermined tribal sovereignty" (p. 93). 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, though the Native Americans had no input into the Proclamation.
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.
Organization of 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. All of these were granted the ability to elect general assemblies under a royally appointed governor or a high council, which could then create laws and ordinances specific to the area in agreement with British and colonial laws. In the meantime, the new colonies enjoyed the same rights as native-born Englishmen, something that British colonists had been fighting over for years. An even bigger affront to the British colonies was the establishment of both civil and criminal courts complete with the right to appeal--but those charged with violating the
Stamp or
Sugar Act were to be tried in
admiralty court, where the defendant was considered guilty until he or she could prove his or her innocence.
Legacy
The influence of the Royal Proclamation of 1763 on the coming of the
American Revolutionary War (1775–1783) 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.
However it should be noted that to state that tension resulting for the Royal Proclamation ceased in 1768 is highly disputable given the Proclamation's scope. At the time of the Proclamation much of the western frontier of Canada was still unknown to European explorers and invaders. Consequently, when the Proclamation was issued it was meant to apply to "all the Lands and Territories lying to the Westward of the Sources of the Rivers which fall into the Sea from the West and North West as aforesaid." The "Sources of the Rivers which" fell into the seas that were chartered by Europeans had their bases in the Rocky Mountains, which meant that the Royal Proclamation did not affect Indians to the east of the Rocky Mountains. This meant that Indians in present day British Columbia were not presented with the same treaty making process as the Indians to the west of the Rockies and except for Treaty 8 and the Douglas Treaties many Indian bands went without treaties for almost the entire 20th century if they ever got treaties at all. This has been a significant source of tension between the British government and the Indians, arguably even to the present day.
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.
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.
See also
★
Elizabethton, Tennessee
★
Ohio Country
★
Illinois Country
References
★ Abernethy, Thomas Perkins. ''Western Lands and the American Revolution''. Originally published 1937. New York: Russell & Russell, 1959.
★ Calloway, Colin. ''The Scratch of a Pen: 1763 and the Transformation of North America''. Oxford University Press, 2006. ISBN 0-19-530071-8.
Further reading
★ Roth, Christopher F. (2002) "Without Treaty, without Conquest: Indigenous Sovereignty in Post-Delgamuukw British Columbia." ''Wicazo Sa Review,'' vol. 17, no. 2, pp. 143-165.
External links
★
Complete text of the Royal Proclamation Act, 1763
★
UShistory.org