British Policy in the Illinois Country, 1763-1768

by Clarence Edwin Carter

[87] Text of the Proclamation in Can. Arch. Report, 1906, pp 119-123. For discussion as to the origin of the various clauses, see Alvord, Genesis of the Proclamation of 1763, in Mich. Pion. & Hist. Coll.

[88] Egremont to Lords of Trade, July 14, 1763. Can. Arch. Report, 1906, p 108.

[89] Egremont to Lords of Trade, Aug. 5, 1763, C. A. Rep., 1906, pp 110-111.

[90] "We would humbly propose, that a Commission under the Great Seal, for the Government of this Country, should be given to the Commander-in-chief of Your Majesty's Troops for the time being adapted to the Protection of the Indians and the Fur Trade of Your Majesty's subjects." Ibid., p 111.

[91] They could not have been ignorant of the existence of such colonies in the ceded territory, for Sir William Johnson, who was familiar with western conditions, was in constant correspondence with the ministry, and such works as the Histoire de Louisiana by Du Pratz, published in 1758, were doubtless familiar to English statesmen.

[92] See post Ch. V.

[93] Dartmouth to Cramahé, Can. Arch. Ser. Q., Vol. IX, p 157.

[94] See post Ch. V.

[95] It is very curious that no reference occurs in Art. XV of the Plan, which dealt with civil matters. "That for the maintaining peace and good Order in the Indian Country, and bringing Offenders in criminal Cases to due Punishment, the said Agents or Superintendents, as also the Commissaries at each Post, and in the Country belonging to each Tribe, be empowered to act as Justices of the Peace in their respective Districts and Departments, with all powers and privileges vested in such Officers in any of the Colonies; and also full power of Committing Offenders in Capital Cases, in order that such Offenders may be prosecuted for the same; And that, for deciding all civil actions, the Commissaries be empowered to try and determine in a Summary way all such Actions, as well between the Indians and Traders, as between one Trader and another, to the amount of Ten Pound Sterling, with the Liberty of Appeal to the Chief Agent or Superintendant, or his Deputy, who shall be empowered upon such appeal to give Judgement thereon; which Judgement shall be final, and process issued upon it, in like manner as on the Judgement of any Court of Common Pleas established in any of the Colonies."

[96] Brown, Hist. of Ill., 212-213. See post Ch. VII.