HISTORICAL RELATIONSHIP WITH BRITAIN.
When the Iroquois moved north, they initially wanted to lease their land. According to Iroquois law, the land title is held by the women on behalf of their future descendants and cannot be sold.
But Britain would only help the Iroquois survive if their lands were sold and the Crown took the proceeds and held them in trust. Unfortunately the Crown squandered the trust money after selling the lands. The Iroquois have been asking about the mismanagement of their financial affairs for over a century. Now again they have turned to Her Majesty hoping that the Crown is finally willing to resolve some of the wrongs of the past. They are asking for a forensic audit and proper compensation.
The Iroquois want to know how Her Majesty intends to fulfill her trust obligations.
HER MAJESTY’S IROQUOIS ALLIES. The Iroquois are allies and not subjects of Britain. Iroquois sovereignty supercedes that of Canada. At first Britain recognized Iroquois sovereignty.
The Iroquois never let Britain down. But at the time of the League of Nations Britain collaborated with Canada to prevent international recognition. Which part of its history does Britain want to uphold? The part where it defended its allies honourably or the part where it let them down? Is Britain ready to renew the Silver Covenant Chain?
NO ORDER IN COUNCIL. Does Canada support the rule of law? It is not valid in Canadian law to put in a band council without an Order in Council. So why is Canada doing business with this illegal band council?
Actually the Iroquois Confederacy can now return to its seat of power at the Six Nations Territory from which it was ousted in 1924. The procedures used at that time would not pass muster under international law today. But will the Crown and Canada honour the traditional government of the Iroquois? Does Canada believe in supporting international law? The Iroquois will just have to wait and see.
ROYAL PROCLAMATION 1763. The Royal Proclamation affirms Aboriginal nationhood, sovereignty and ownership of North America. The Six Nations people never consented to Canada imposing the Indian Act and other legislation that meddles in their affairs. They do not consider themselves to be part of Canada.
In the beginning Britain did not intend to let the settlers dominate the Indigenous people. The British North America 1867 Act put “Indians and lands reserved for the Indians” as a federal relationship because Britain recognized the Iroquois as independent and not part of the settler colony.
At that time Canada’s colonial government was subordinate to Britain without powers of its own. No one considered interfering with the Aboriginal nations’ pre-existing power to govern themselves. Unfortunately there was a period in which corrupt and ignorant bureaucrats mismanaged and misinterpreted the law.
The Aboriginal right to self-government has now been clarified and reconfirmed by Section 35 of Canada’s Constitution Act of 1982. However, Canada seems reluctant to break from its corrupt bureaucratic tradition and uphold its laws. According to natural, international and constitutional law, Canada’s band council system has no jurisdiction on unceded land. This status of the Six Nations Territory was guaranteed when the Iroquois came to Britain’s defense in the American War of Independence.
FIDUCIARY RESPONSIBILITY. The Royal Proclamation set up a fiduciary responsibility to Indigenous people in general so the settlers could live on Aboriginal lands.
It was the in effect rental payment. The Canadian settlers later declared that Indigenous people had no legal capacity. So they set up trust accounts to hang onto Indian monies to meet their fiduciary obligations. Canada then declared that the fiduciary obligation is in conflict with the original jurisdiction of the Indigenous people.
To get their funds, the Indigenous people have been told they have to give up their rights. This is a fallacy. The Royal Proclamation is in fact an international trust concept under which Indigenous nations cannot give up Aboriginal rights and title. In other words, the fiduciary obligation is not in conflict with Aboriginal rights.
They co-exist together and cannot be repealed. They represent a sacred trust to future generations as yet unborn. This is a nation to nation obligation which the Crown is being asked to live up to.
Canada realizes this trust concept. However, it will only negotiate with their illegitimate band councils, not with the true sovereign governments of the Indigenous nations. The Iroquois Confederacy has always maintained its own constitution known as the Great Law of Peace, the Kaienerekowa, by which their traditional government functions. They are now asking the Queen to help restore the peace that was disrupted by the past negligence of the Crown’s servants.
Proclamation of 1763
The end of the French and Indian War in 1763 was a cause for great celebration in the colonies, for it removed several ominous barriers and opened up a host of new opportunities for the colonists. The French had effectively hemmed in the British settlers and had, from the perspective of the settlers, played the “Indians” against them. The first thing on the minds of colonists was the great western frontier that had opened to them when the French ceded that contested territory to the British. The royal proclamation of 1763 did much to dampen that celebration. The proclamation, in effect, closed off the frontier to colonial expansion. The King and his council presented the proclamation as a measure to calm the fears of the Indians, who felt that the colonists would drive them from their lands as they expanded westward. Many in the colonies felt that the object was to pen them in along the Atlantic seaboard where they would be easier to regulate. No doubt there was a large measure of truth in both of these positions. However the colonists could not help but feel a strong resentment when what they perceived to be their prize was snatched away from them. The proclamation provided that all lands west of the heads of all rivers which flowed into the Atlantic Ocean from the west or northwest were off-limits to the colonists. This excluded the rich Ohio Valley and all territory from the Ohio to the Mississippi rivers from settlement.
The proclamation also established or defined four new colonies, three of them on the continent proper. Quebec, which was of course already well settled, two colonies to be called East Florida and West Florida — and off the continent, Grenada. These facts were established immediately, but most of the proclamation is devoted to the subject of Indians and Indian lands. It asserted that all of the Indian peoples were thereafter under the protection of the King. It required that all lands within the “Indian territory” occupied by Englishmen were to be abandoned. It included a list of prohibited activities, provided for enforcement of the new laws, and indicted unnamed persons for fraudulent practices in acquiring lands from the Indians in times past. Resolution of the hostilities of the French and Indian War was a difficult problem for the crown. Most of the Indian tribes had been allied with the French during the war, because they found the French less hostile and generally more trustworthy that the English settlers. Now the French would depart, and the Indians were left behind to defend themselves and their grounds as best they could. Relations between the Indians and the English colonials were so poor that few settlers would argue in public that the Indians had rights to any lands. In this proclamation the King sided with the Indians, against the perceived interests of the settlers. Moreover, it provided, and Parliament soon after executed, British royal posts along the proclamation boundary. Parliament was under no illusions about relations between the Indians and the colonists. They understood that the colonists would not respect the boundary without some enforcement mechanism. Finally, the English were interested in improving the fur trade, which involved the Indians and independent trappers who lived out on the frontier.
The Proclamation line extended from the Atlantic coast at Quebec to the newly established border of West Florida. Establishing and manning posts along the length of this boundary was a very costly undertaking. The British ministry would argue that these outposts were for colonial defense, and as such should be paid for by the colonies. From the American perspective this amounted to a tax on the colonies to pay for a matter of Imperial regulation that was opposed to the interests of the colonies. A bitter pill indeed.
A ROYAL PROCLAMATION
October 7, 1763
WHEREAS we have taken into Our Royal Consideration the extensive and valuable Acquisitions in America, secured to our Crown by the late Definitive Treaty of Peace, concluded at Paris the 10th Day of February last; and being desirous that all Our loving Subjects, as well of our Kingdom as of our Colonies in America, may avail themselves with all convenient Speed, of the great Benefits and Advantages which must accrue therefrom to their Commerce, Manufactures, and Navigation, We have thought fit, with the Advice of our Privy Council, to issue this our Royal Proclamation, hereby to publish and declare to all our loving Subjects, that we have, with the Advice of our Said Privy Council, granted our Letters Patent, under our Great Seal of Great Britain, to erect, within the Countries and Islands ceded and confirmed to Us by the said Treaty, Four distinct and separate Governments, styled and called by the names of Quebec, East Florida, West Florida and Grenada, and limited and bounded as follows, viz.
First — The Government of Quebec bounded on the Labrador Coast by the River St. John, and from thence by a Line drawn from the Head of that River through the Lake St. John, to the South end of the Lake Nipissing; from whence the said Line, crossing the River St. Lawrence, and the Lake Champlain, in 45 Degrees of North Latitude, passes along the High Lands which divide the Rivers that empty themselves into the said River St. Lawrence from those which fall into the Sea; and also along the North Coast of the Baye des Châleurs, and the Coast of the Gulph of St. Lawrence to Cape Rosières, and from thence crossing the Mouth of the River St. Lawrence by the West End of the Island of Anticosti, terminates at the aforesaid River of St. John.
Secondly — The Government of East Florida, bounded to the Westward by the Gulph of Mexico and the Apalachicola River; to the Northward by a Line drawn from that part of the said River where the Chatahouchee and Flint Rivers meet, to the source of St. Mary’s River, and by the course of the said River to the Atlantic Ocean; and to the Eastward and Southward by the Atlantic Ocean and the Gulph of Florida, including all Islands within Six Leagues of the Sea Coast.
Thirdly — The Government of West Florida, bounded to the Southward by the Gulph of Mexico, including all Islands within Six Leagues of the Coast; from the River Apalachicola to Lake Pontchartrain; to the Westward by the said Lake, the Lake Maurepas, and the River Mississippi; to the Northward by a Line drawn due East from that part of the River Mississippi which lies in 31 Degrees North Latitude, to the River Apalachicola or Chatahouchee; and to the Eastward by the said River.
Fourthly — The Government of Grenada, comprehending the Island of that name, together with the Grenadines, and the Islands of Dominico, St. Vincent’s and Tobago. And to the end that the open and free Fishery of our Subjects may be extended to and carried on upon the Coast of Labrador, and the adjacent Islands. We have thought fit, with the advice of our said Privy Council to put all that Coast, from the River St. John’s to Hudson’s Streights, together with the Islands of Anticosti and Madelaine, and all other smaller Islands lying upon the said Coast, under the care and Inspection of our Governor of Newfoundland.
We have also, with the advice of our Privy Council, thought fit to annex the Islands of St. John’s [now known as Prince Edward Island] and Cape Breton, or Isle Royale, with the lesser Islands adjacent thereto, to our Government of Nova Scotia. We have also, with the advice of our ivy Council aforesaid, annexed to our Province of Georgia all the Lands Iying between the Rivers Alatamaha and St. Mary’s.
And whereas it will greatly contribute to the speedy settling of our said new Governments, that our loving Subjects should be informed of our Paternal care, for the security of the Liberties and Properties of those who are and shall become Inhabitants thereof, We have thought fit to publish and declare, by this Our Proclamation, that We have, in the Letters Patent under our Great Seal of Great Britain, by which the said Governments are constituted, given express Power and Direction to our Governors of our Said Colonies respectively, that so soon as the state and circumstances of the said Colonies will admit thereof, they shall, with the Advice and Consent of the Members of our Council, summon and call General Assemblies within the said Governments respectively, in such Manner and Form as is used and directed in those Colonies and Provinces in America which are under our immediate Government: And We have also given Power to the said Governors, with the consent of our Said Councils, and the Representatives of the People so to be summoned as aforesaid, to make, constitute, and ordain Laws, Statutes, and Ordinances for the Public Peace, Welfare, and good Government of our said Colonies, and of the People and Inhabitants thereof, as near as may be agreeable to the Laws of England, and under such Regulations and Restrictions as are used in other Colonies; and in the mean Time, and until such Assemblies can be called as aforesaid, all Persons Inhabiting in or resorting to our Said Colonies may confide in our Royal Protection for the Enjoyment of the Benefit of the Laws of our Realm of England; for which Purpose We have given Power under our Great Seal to the Governors of our said Colonies respectively to erect and constitute, with the Advice of our said Councils respectively, Courts of Judicature and public Justice within our Said Colonies for hearing and determining all Causes, as well Criminal as Civil, according to Law and Equity, and as near as may be agreeable to the Laws of England, with Liberty to all Persons who may think themselves aggrieved by the Sentences of such Courts, in all Civil Cases, to appeal, under the usual Limitations and Restrictions, to Us in our Privy Council.
We have also thought fit, with the advice of our Privy Council as aforesaid, to give unto the Governors and Councils of our said Three new Colonies upon the Continent, full Power and Authority to settle and agree with the Inhabitants of our said new Colonies or with any other Persons who shall resort thereto, for such Lands, Tenements and Hereditaments, as are now or hereafter shall be in our Power to dispose of; and them to grant to any such Person or Persons upon such Terms, and under such moderate Quit-Rents, Services and Acknowledgments, as have been appointed and settled in our other Colonies, and under such other Conditions as shall appear to us to be necessary and expedient for the Advantage of the Grantees, and the Improvement and settlement of our said Colonies.
And Whereas, We are desirous, upon all occasions, to testify our Royal Sense and Approbation of the Conduct and bravery of the Officers and Soldiers of our Armies, and to reward the same, We do hereby command and impower our Governors of our said Three new Colonies, and all other our Governors of our several Provinces on the Continent of North America, to grant without Fee or Reward, to such reduced Officers as have served in North America during the late War, and to such Private Soldiers as have been or shall be disbanded in America, and are actually residing there, and shall personally apply for the same, the following Quantities of Lands, subject, at the Expiration of Ten Years, to the same Quit-Rents as other Lands are subject to in the Province within which they are granted, as also subject to the same Conditions of Cultivation and Improvement; viz.
To every Person having the Rank of a Field Officer—5,000 Acres.
To every Captain—3,000 Acres.
To every Subaltern or Staff Officer—2,000 Acres.
To every Non-Commission Officer—200 Acres.
To every Private Man—50 Acres.
We do likewise authorize and require the Governors and Commanders in Chief of all our said Colonies upon the Continent of North America to grant the like Quantities of Land, and upon the same conditions, to such reduced Officers of our Navy of like Rank as served on board our Ships of War in North America at the times of the Reduction of Louisbourg and Quebec in the late War, and who shall personally apply to our respective Governors for such Grants.
And whereas it is just and reasonable, and essential to our Interest, and the Security of our Colonies, that the several Nations or Tribes of Indians with whom We are connected, and who live under our Protection, should not be molested or disturbed in the Possession of such Parts of Our Dominions and Territories as, not having been ceded to or purchased by Us, are reserved to them, or any of them, as their Hunting Grounds —We do therefore, with the Advice of our Privy Council, declare it to be our Royal Will and Pleasure, that no Governor or Commander in Chief in any of our Colonies of Quebec, East Florida, or West Florida, do presume, upon any Pretence whatever, to grant Warrants of Survey, or pass any Patents for Lands beyond the Bounds of their respective Governments, as described in their Commissions: as also that no Governor or Commander in Chief in any of our other Colonies or Plantations in America do presume for the present, and until our further Pleasure be known, to grant Warrants of Survey, or pass Patents for any Lands beyond the Heads or Sources of any of the Rivers which fall into the Atlantic Ocean from the West and North West, or upon any Lands whatever, which, not having been ceded to or purchased by Us as aforesaid, are reserved to the said Indians, or any of them.
And We do further declare it to be Our Royal Will and Pleasure, for the present as aforesaid, to reserve under our Sovereignty, Protection, and Dominion, for the use of the said Indians, all the Lands and Territories not included within the Limits of Our said Three new Governments, or within the Limits of the Territory granted to the Hudson’s Bay Company, as also 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.
And We do hereby strictly forbid, on Pain of our Displeasure, all our loving Subjects from making any Purchases or Settlements whatever, or taking Possession of any of the Lands above reserved, without our especial leave and Licence for that Purpose first obtained.
And We do further strictly enjoin and require all Persons whatever who have either wilfully or inadvertently seated themselves upon any Lands within the Countries above described or upon any other Lands which, not having been ceded to or purchased by Us, are still reserved to the said Indians as aforesaid, forthwith to remove themselves from such Settlements.
And whereas great Frauds and Abuses have been committed in purchasing Lands of the Indians, to the great Prejudice of our Interests, and to the great Dissatisfaction of the said Indians: In order, therefore, to prevent such Irregularities for the future, and to the end that the Indians may be convinced of our Justice and determined Resolution to remove all reasonable Cause of Discontent, We do, with the Advice of our Privy Council strictly enjoin and require, that no private Person do presume to make any purchase from the said Indians of any Lands reserved to the said Indians, within those parts of our Colonies where We have thought proper to allow Settlement: but that, if at any Time any of the Said Indians should be inclined to dispose of the said Lands, the same shall be Purchased only for Us, in our Name, at some public Meeting or Assembly of the said Indians, to be held for that Purpose by the Governor or Commander in Chief of our Colony respectively within which they shall lie: and in case they shall lie within the limits of any Proprietary Government, they shall be purchased only for the Use and in the name of such Proprietaries, conformable to such Directions and Instructions as We or they shall think proper to give for that Purpose: And we do, by the Advice of our Privy Council, declare and enjoin, that the Trade with the said Indians shall be free and open to all our Subjects whatever, provided that every Person who may incline to Trade with the said Indians do take out a Licence for carrying on such Trade from the Governor or Commander in Chief of any of our Colonies respectively where such Person shall reside, and also give Security to observe such Regulations as We shall at any Time think fit, by ourselves or by our Commissaries to be appointed for this Purpose, to direct and appoint for the Benefit of the said Trade:
And we do hereby authorize, enjoin, and require the Governors and Commanders in Chief of all our Colonies respectively, as well those under Our immediate Government as those under the Government and Direction of Proprietaries, to grant such Licences without Fee or Reward, taking especial Care to insert therein a Condition, that such Licence shall be void, and the Security forfeited in case the Person to whom the same is granted shall refuse or neglect to observe such Regulations as We shall think proper to prescribe as aforesaid.
And we do further expressly conjoin and require all Officers whatever, as well Military as those Employed in the Management and Direction of Indian Affairs, within the Territories reserved as aforesaid for the use of the said Indians, to seize and apprehend all Persons whatever, who standing charged with Treason, Misprisions of Treason, Murders, or other Felonies or Misdemeanors, shall fly from Justice and take Refuge in the said Territory, and to send them under a proper guard to the Colony where the Crime was committed, of which they stand accused, in order to take their Trial for the same.
Given at our Court at St. James’s the 7th Day of October 1763, in the Third Year of our Reign.
God Save the King