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{{Short description|British declaration settingoutlining a western bordergovernment for theNorth American colonies}}
{{redirect|Indian Magna Carta|text=This term has also been applied to the United States [[Indian Reorganization Act]]}}
{{Use dmy dates|date=April 2022}}
[[File:Royal Proclamation of 1763.jpg|thumb|The Royal Proclamation of 1763, ''[[Library and Archives Canada]]'']]
[[File:Map of territorial growth 1775.svg|thumb|A portion of eastern North America; the 1763 "proclamation line" is the border between the red and the pink areas.]]
{{Constitutional history of Canada}}
 
The '''Royal Proclamation of 1763''' was issued by King [[George III]] on 7 October 1763. It followed the [[Treaty of Paris (1763)]], which formally ended the [[Seven Years' War]] and transferred [[New France|French territory]] in North America to [[Kingdom of Great Britain|Great Britain]].<ref>{{cite book |last1=Fenge |first1=Terry |last2=Aldridge |first2=Jim |title=Keeping promises : the Royal Proclamation of 1763, aboriginal rights, and treaties in Canada |date=1 November 2015 |publisher=McGill–Queen's University Press |isbn=978-0-7735-9755-6 |pages=4, 38, 51, 201, 212, 257 |url=https://books.google.com/books?id=OSTCDAAAQBAJ&pg=PA201 |access-date=6 October 2019}}</ref> The Proclamation forbade all settlements west of a line drawn along the [[Appalachian Mountains]], which was delineated as an [[Indian Reserve (1763)|Indian Reserve]].<ref>{{cite book |last1=Middlekauff |first1=Robert |title=The Glorious Cause: The American Revolution, 1763–1789 |date=2007 |publisher=Oxford University Press |location=New York |isbn=978-0-1951-6247-9 |pages=58–60 |edition=Revised Expanded |url=https://books.google.com/books?id=nya0ODz-B-cC&pg=PA58}}</ref> Exclusion from the vast region of [[Trans-Appalachia]] created discontent between Britain and colonial land speculators and potential settlers. The proclamation and access to western lands was one of the first significant areas of dispute between Britain and the [[Thirteen Colonies|colonies]] and would become a contributing factor leading to the [[American Revolution]].{{sfnp|Holton|1999|pages=3–38|loc=[https://archive.org/details/forcedfoundersin00holt/page/3]}} The 1763 proclamation line is situatedmore or less similar to the [[Eastern Continental Divide]], extending from [[Georgia (U.S. state)|Georgia]] in the south to the divide's northern terminus near the middle of the northern border of Pennsylvania, where it intersects the northeasterly [[Saint Lawrence River Divide|St. Lawrence Divide]], and extends further through [[New England]].
 
The Royal Proclamation continues to be of legal importance to [[First Nations in Canada|First Nations]] in Canada, being the first legal recognition of [[aboriginal title]], rights and freedoms, and is recognized in the [[Constitution Act, 1982|Canadian Constitution]] of 1982, in part as a result of direct action by indigenous peoples of Canada, known as the Constitution Express movement of 1981–1982.<ref name=IFUBC>{{cite web<!-- somewhat of a primary source, but not a lot else available on quick search -->
|url=https://indigenousfoundations.arts.ubc.ca/constitution_express/
|accessdate=15 June 2022
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|website=indigenousfoundations.arts.ubc.ca
|publisher=[[University of British Columbia]]
|quote=A group of activists led by George Manuel, then president of the Union of BC Indian Chiefs chartered two trains from Vancouver that eventually carried approximately one thousand people to Ottawa to publicize concerns that Aboriginal rights would be abolished in the proposed Canadian Constitution. When this large-scale peaceful demonstration did not initially alter the Trudeau government's position, delegations continued on to the United Nations in New York, and then to Europe to spread their message to an international audience. Eventually, the Trudeau government agreed to recognize Aboriginal rights within the Constitution. Contemporary activist Arthur Manuel calls the Constitution Express the most effective direct action in Canadian history, as it ultimately changed the Constitution.
}}</ref>
 
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==Provisions==
===New colonies===
[[File:NorthAmerica-WaterDivides.png|thumb|left|The Eastern (orangewatershed line)boundary in the southern areas (orange line), and the St. Lawrence (magenta line) watershed boundariesboundary in the northern areas (magenta line) of this map more- or- less defined almost all of the Royal Proclamation's western boundaries]]
 
The Proclamation of 1763 dealt with the management of former French territories in North America that Britain acquired following its victory over France in the French and Indian War, as well as regulating colonial settlers' expansion. It established new governments for several areas: the province of Quebec, the new colonies of [[West Florida]] and [[East Florida]],<ref>{{cite book |last1=Gannon |first1=Michael |title=The History of Florida |date=2013 |publisher=University Press of Florida |location=Gainesville, Florida |isbn=978-0-8130-6401-7 |pages=144–147 |url=https://books.google.com/books?id=V7satQEACAAJ&pg=PA144}}</ref> and a group of Caribbean islands, [[History of Grenada|Grenada]], [[History of Tobago|Tobago]], [[History of Saint Vincent and the Grenadines|Saint Vincent]], and [[History of Dominica|Dominica]], collectively referred to as the British Ceded Islands.<ref>{{cite journal |last1=Niddrie |first1=D. |title=Eighteenth-Century Settlement in the British Caribbean |journal=Transactions of the Institute of British Geographers |date=December 1966 |volume=40 |issue=40 |pages=67–80 |doi=10.2307/621569 |jstor=621569}}</ref>
 
==Proclamation line==
[[File:NorthAmerica1762-83.png|thumb|left|New borders drawn by the Royal Proclamation of 1763]]
 
At the outset, the Royal Proclamation of 1763 defined the jurisdictional limits of the British territories of North America, limiting British colonial expansion on the continent. What remained of the Royal Province of New France east of the [[Great Lakes]] and the [[Ottawa River]], and south of [[Rupert's Land]], was reorganised under the name "Quebec." The territory northeast of the [[Saint-Jean River (Minganie)|St.&nbsp;John River]] on the [[Labrador]] coast was reassigned to the [[Newfoundland Colony]].<ref>{{cite book|last=Eccles|first=W.J.|author-link=William J. Eccles|title=France in America|url=https://books.google.com/books?id=bhyTAAAAIAAJ&pg=PA220|year=1972|publisher=Harper & Row|page=220|isbn=9780060111526}}</ref> The lands west of Quebec and west of a line running along the crest of the [[Allegheny Mountains]] became [[Indian Reserve (1763)|(British) Indian Territory]], barred to settlement from colonies east of the line.<ref>{{cite book|last=Sosin|first=Jack M.|title=Whitehall and the wilderness: the Middle West in British colonial policy, 1760–1775|url=https://books.google.com/books?id=aaMzwgEACAAJ&pg=PA146|year=1961|publisher=University of Nebraska Press|page=146}}</ref>
 
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[[File:1768 Boundary Line Map Treaty of Ft Stanwix.jpg|thumb|left|The Boundary Line Map of 1768 moved the boundary west]]
 
British colonists and land speculators objected to the proclamation boundary since the British government had already assigned land grants to them. Including the wealthy owners of the Ohio company who protested the line to the governor of Virginia, as they had plans for settling the land to grow business.<ref>{{Cite journal|last=Papa|first=Eugene M. Del|date=1975|title=The Royal Proclamation of 1763: Its Effect upon Virginia Land Companies|journal=The Virginia Magazine of History and Biography|volume=83|issue=4|pages=406–411|jstor=4247979|issn=0042-6636}}</ref> Many settlements already existed beyond the proclamation line,<ref name="wood-22">{{cite book|last=Wood|first=Gordon S.|title=The American Revolution: A History|url=https://books.google.com/books?id=62pyqvDuDMUC&pg=PA22|year=2002|publisher=Random House|isbn=978-1-58836-158-5|page=22}}</ref> some of which had been temporarily evacuated during Pontiac's War, and there were many already granted land claims yet to be settled. For example, George Washington and his Virginia soldiers had been granted lands past the boundary. Prominent American colonials joined with the land speculators in Britain to lobby the government to move the line further west.{{sfnp|Holton|1999|pages=3–38|loc=[https://archive.org/details/forcedfoundersin00holt/page/3]}}<ref>For information about Pontiac's War, see {{cite book|last=Middleton|first=Richard|title=Pontiac's War: Its Causes, Course and Consequences|url=https://books.google.com/books?id=JpH7QyQ1V_YC&pg=PP1|year=2012|publisher=Routledge|isbn=978-1-135-86416-3}}</ref>
 
The colonists' demands were met and the boundary line was adjusted in a series of treaties with the Native Americans.{{sfnp|Calloway|2007|page=100}} The first two of these treaties were completed in 1768; the [[Treaty of Fort Stanwix]] adjusted the border with the [[Iroquois#Iroquois Confederacy|Iroquois Confederacy]] in the [[Ohio Country]] and the [[Treaty of Hard Labour]] adjusted the border with the [[Cherokee]] in the Carolinas.<ref>{{cite web |title=Treaty of Fort Stanwix (1768) |url=https://ohiohistorycentral.org/w/Treaty_of_Fort_Stanwix_(1768) |website=Ohio History Central |publisher=Ohio Historical Society |access-date=6 December 2019}}</ref><ref>{{cite web |title=Treaty of Hard Labor with Cherokees |url=http://jeffersonswest.unl.edu/archive/view_doc.php?id=jef.00089 |website=Envisaging The West |publisher=University of Nebraska–Lincoln |access-date=6 December 2019}}</ref> The Treaty of Hard Labour was followed by the [[Treaty of Lochaber]] in 1770, adjusting the border between Virginia and the Cherokee.<ref>{{cite web |title=Treaty of Lochaber 1770 |url=http://jeffersonswest.unl.edu/archive/view_doc.php?id=jef.00091 |website=Envisaging The West |publisher=University of Nebraska–Lincoln |access-date=6 December 2019}}</ref> These agreements opened much of what is now [[Kentucky]] and [[West Virginia]] to British settlement.<ref>{{cite book|last=Campbell|first=William J|title=Speculators in Empire: Iroquoia and the 1768 Treaty of Fort Stanwix|url=https://books.google.com/books?id=J5_ACAAAQBAJ&pg=PP1|year=2012|publisher=University of Oklahoma Press|isbn=978-0-8061-4710-9}}</ref> The land granted by the Virginian and North Carolinian government heavily favored the land companies, seeing as they had more wealthy backers than the poorer settlers who wanted to settle west toin hopefullyhopes gainof gaining a fortune.<ref>{{Cite journal|last=Friend|first=Craig Thompson|date=2005|title=Liberty Is Pioneering: An American Birthright|journal=OAH Magazine of History|volume=19|issue=3|pages=16–20|doi=10.1093/maghis/19.3.16|jstor=25161942|issn=0882-228X}}</ref>
 
==Response from colonists==
Many colonists disregarded the proclamation line and settled west, which created tension between them and the Native Americans.<ref>{{cite web |title=Proclamation Line of 1763, Quebec Act of 1774 and Westward Expansion |url=https://www.history.state.gov/milestones/1751-1775/proclamation-line-1763 |website=Office of the Historian |publisher=United States Department of State |access-date=5 March 2020}}</ref> [[Pontiac's Rebellion]] (1763–1766) was a war involving Native American tribes, primarily from the [[Great Lakes region]], the [[Illinois Country]], and the Ohio Country, who were dissatisfied with [[Kingdom of Great Britain|British]] postwar policies in the Great Lakes region after the end of the Seven Years' War. They were able to take over a large number of the forts which commanded the waterways involved in trade within the region and export to Great Britain.<ref>{{cite book|last=McDonnell|first=Michael|title=Masters of Empire: Great Lakes Indians and the Making of America|url=https://books.google.com/books?id=IzepCQAAQBAJ&pg=PA209|year=2015|publisher=Farrar, Straus and Giroux|isbn=978-0-374-71418-5|pages=209–238}}</ref> The proclamation line had been conceived before the onset of Pontiac's Rebellion, but the outbreak of this conflict hastened the process of making it law.<ref name="wood-22" />
 
==Legacy==
===Indigenous peoples ===▼
 
▲===Indigenous peoples ===
{{further|topic=Canadian Aboriginal legacy|The Canadian Crown and Indigenous peoples}}
The Royal Proclamation continued to govern the cession of Indigenous land in [[British North America]], especially [[Upper Canada]] and [[Rupert's Land]]. Upper Canada created a platform for treaty making based on the Royal Proclamation. After loyalists moved into land after Britain's defeat in the American Revolution, the first impetus was created out of necessity.<ref>{{cite book|last=Miller|first=J.R.|title=Compact, Contract, Covenant: Aboriginal Treaty-making in Canada|url=https://books.google.com/books?id=9v3HZDKUlG4C&pg=PA10|year=2009|publisher=University of Toronto Press|isbn=978-0-8020-9741-5|page=10}}</ref>
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Anishinaabe jurist [[John Borrows]] has written that "the Proclamation illustrates the British government's attempt to exercise sovereignty over First Nations while simultaneously trying to convince First Nations that they would remain separate from European settlers and have their jurisdiction preserved."{{sfnp|Borrows|1997|p=160}} Borrows further writes that the Royal Proclamation along with the subsequent [[Treaty of Fort Niagara|Treaty of Niagara]], provide for an argument that "discredits the claims of the Crown to exercise [[sovereignty]] over First Nations"{{sfnp|Borrows|1997|p=164}} and affirms Aboriginal "powers of [[self-determination]] in, among other things, allocating lands".{{sfnp|Borrows|1997|p=165}}
 
===''Johnson v. McintoshMcIntosh''===
The functional content of the proclamation was reintroduced into American law viaby the decision of the [[JohnsonSupreme vCourt of the United States|U.S. Supreme Court]] in M'Intosh|'[[Johnson v. McintoshMcIntosh]]'' [(1823]).{{Citation needed|date=April 2023}}▼
 
▲The functional content of the proclamation was reintroduced into American law via [[Johnson v. M'Intosh|Johnson v. Mcintosh]] [1823].
 
===250th anniversary celebrations===
In October 2013, the 250th anniversary of the Royal Proclamation was celebrated in [[Ottawa]] with a meeting of Indigenous leaders and Governor-General David Johnston.<ref>{{cite news |first=Leslie |last=MacKinnon |url=http://www.cbc.ca/news/politics/royal-proclamation-of-1763-canada-s-indian-magna-carta-turns-250-1.1927667 |title=Royal Proclamation of 1763, Canada's 'Indian Magna Carta,' turns 250" |date=October 6, 2013 |work=CBC News}}</ref> The Aboriginal movement [[Idle No More]] held birthday parties for this monumentalthe document at various locations across Canada.<ref>{{cite news |url=https://www.theglobeandmail.com/news/politics/royal-proclamations-250th-anniversary-has-first-nations-reflecting-on-their-rights/article14738038 |title=Royal Proclamation's 250th anniversary has First Nations reflecting on their rights |date=October 7, 2013 |work=[[The Globe and Mail]] |first=Gloria |last=Galloway}}</ref>
 
==United States==
[[File: USA Proclamation of 1763 Silver Medal 1970.jpg|left|thumb|USA Proclamation of 1763 Silver Medal: Franklin Mint Issue 1970]]
The influence of the Royal Proclamation of 1763 on the coming of the [[American Revolution]] has been variously interpreted. Many historians argue that the proclamation ceased to be a major source of tension after 1768 since the aforementioned later 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. Some historians argue that even though the boundary was pushed west in subsequent treaties, the British government refused to permit new colonial settlements for fear of instigating a war with Native Americans, which angered colonial land speculators.<ref>{{cite journal |first=Woody |last=Holton |title=The Ohio Indians and the Coming of the American Revolution in Virginia |journal=The Journal of Southern History |volume=60 |issue=3 |date=August 1994 |pages=453–478 |doi=10.2307/2210989 |jstor=2210989 }}</ref> Others argue that the Royal Proclamation imposed a fiduciary duty of care on the Crown.<ref>{{Cite web|url=https://www.aadnc-aandc.gc.ca/eng/1379594359150/1379594420080|title=Royal Proclamation of 1763: Relationships, Rights and Treaties – Poster|date=November 27, 2013 |publisher=Indigenous and Northern Affairs Canada}}</ref>▼
 
[[George Washington]] was given {{convert|20000|acre|km2}} of land in the Ohio region for his services in the French and Indian War. In 1770, Washington took the lead in securing the rights of him and his old soldiers in the French War, advancing money to pay expenses on behalf of the common cause and using his influence in the proper quarters. In August 1770, it was decided that Washington should personally make a trip to the western region, where he located and surveyed tracts for himself and military comrades. After some dispute, he was eventually granted letters patent for tracts of land there. The lands involved were open to Virginians under terms of the Treaty of Lochaber of 1770, except for the lands located {{convert|2|mi|spell=in}} south of Fort Pitt, now known as Pittsburgh.<ref>{{cite web |url=http://etext.virginia.edu/etcbin/toccer-new2?id=WasFi03.xml&images=images/modeng&data=/texts/english/modeng/parsed&tag=public&part=43&division=div1 |work=The writings of George Washington from the original manuscript sources |title=Letter from George Washington to George Mercer dated November 7, 1771, at Williamsburg |volume=3 |page=68 |url-status=dead |archive-url=https://web.archive.org/web/20131004213347/http://etext.virginia.edu/etcbin/toccer-new2?id=WasFi03.xml&images=images%2Fmodeng&data=%2Ftexts%2Fenglish%2Fmodeng%2Fparsed&tag=public&part=43&division=div1 |archive-date=October 4, 2013}}</ref>▼
▲The influence of the Royal Proclamation of 1763 on the coming of the [[American Revolution]] has been variously interpreted. Many historians argue that the proclamation ceased to be a major source of tension after 1768 since the aforementioned later 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. Some historians argue that even though the boundary was pushed west in subsequent treaties, the British government refused to permit new colonial settlements for fear of instigating a war with Native Americans, which angered colonial land speculators.<ref>{{cite journal |first=Woody |last=Holton |title=The Ohio Indians and the Coming of the American Revolution in Virginia |journal=The Journal of Southern History |volume=60 |issue=3 |date=August 1994 |pages=453–478 |doi=10.2307/2210989 |jstor=2210989 }}</ref> Others argue that the Royal Proclamation imposed a fiduciary duty of care on the Crown.<ref>{{Cite web|url=https://www.aadnc-aandc.gc.ca/eng/1379594359150/1379594420080|title=Royal Proclamation of 1763: Relationships, Rights and Treaties – Poster|date=November 27, 2013 |publisher=Indigenous and Northern Affairs Canada}}</ref>
 
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)]]. Afterward, 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 Act]]s was passed in 1790, prohibiting unregulated trade and travel in Native American lands. In 1823, the U.S. Supreme Court case ''[[Johnson v. M'IntoshMcIntosh]]'' established that only the U.S. government, and not private individuals, could purchase land from Native Americans.<ref>{{ussc|21|543|1823|Wheat.|8}}</ref>▼
▲[[George Washington]] was given {{convert|20000|acre|km2}} of land in the Ohio region for his services in the French and Indian War. In 1770, Washington took the lead in securing the rights of him and his old soldiers in the French War, advancing money to pay expenses on behalf of the common cause and using his influence in the proper quarters. In August 1770, it was decided that Washington should personally make a trip to the western region, where he located and surveyed tracts for himself and military comrades. After some dispute, he was eventually granted letters patent for tracts of land there. The lands involved were open to Virginians under terms of the Treaty of Lochaber of 1770, except for the lands located {{convert|2|mi|spell=in}} south of Fort Pitt, now known as Pittsburgh.<ref>{{cite web |url=http://etext.virginia.edu/etcbin/toccer-new2?id=WasFi03.xml&images=images/modeng&data=/texts/english/modeng/parsed&tag=public&part=43&division=div1 |work=The writings of George Washington from the original manuscript sources |title=Letter from George Washington to George Mercer dated November 7, 1771, at Williamsburg |volume=3 |page=68 |url-status=dead |archive-url=https://web.archive.org/web/20131004213347/http://etext.virginia.edu/etcbin/toccer-new2?id=WasFi03.xml&images=images%2Fmodeng&data=%2Ftexts%2Fenglish%2Fmodeng%2Fparsed&tag=public&part=43&division=div1 |archive-date=October 4, 2013}}</ref>
 
▲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)]]. Afterward, 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 Act]]s was passed in 1790, prohibiting unregulated trade and travel in Native American lands. In 1823, the U.S. Supreme Court case ''[[Johnson v. M'Intosh]]'' established that only the U.S. government, and not private individuals, could purchase land from Native Americans.<ref>{{ussc|21|543|1823|Wheat.|8}}</ref>
 
==See also==
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* [[Territorial evolution of the Caribbean]]
 
== Citations ==
{{reflist}}
 
== General sources ==
* {{cite book |last=Abernethy |first=Thomas Perkins |author-link=Thomas Perkins Abernethy |title=Western Lands and the American Revolution |orig-year=1937 |location=New York |publisher=Russell & Russell |year=1959 |url=https://books.google.com/books?id=1mbunQEACAAJ&pg=PP1}}
* {{cite book |last=Borrows |first=John |author-link=John Borrows |chapter=Wampum at Niagara: The Royal Proclamation, Canadian Legal History, and Self-Government |title=Aboriginal and Treaty Rights in Canada |editor=Michael Asch |editor-link=Michael Asch |location=Vancouver |publisher=UBC Press |year=1997 |isbn=0-7748-0580-3 |chapter-url=https://www.sfu.ca/~palys/Borrows-WampumAtNiagara.pdf |url-access=registration |url=https://archive.org/details/aboriginaltreaty0000unse }}{{snd}} Also {{google books|qGIzvRlb55YC|Aboriginal and Treaty Rights in Canada|page=155}}
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==Further reading==
{{refbegin}}
 
* {{cite journal |last=Del Papa |first=Eugene M. |date=October 1975 |title=The Royal Proclamation of 1763: Its Effect upon Virginia Land Companies |journal=[[Virginia Magazine of History and Biography]] |volume=83|issue=4|pages=406–411 |jstor=4247979}}
* {{cite journal |last=Holton |first=Woody |author-link=Woody Holton |date=August 1994 |title=The Ohio Indians and the Coming of the American Revolution in Virginia |journal=[[Journal of Southern History]] |volume=60|issue=3|pages=453–478 |doi=10.2307/2210989 |jstor=2210989}}
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* {{cite journal |last=Roth |first=Christopher F. |date=Fall 2002 |title=Without Treaty, without Conquest: Indigenous Sovereignty in Post-Delgamuukw British Columbia |journal=[[Wíčazo Ša Review]] |volume=17|issue=2|pages=143–165 |doi=10.1353/wic.2002.0020|s2cid=159931063 }}
* {{cite encyclopedia |last=Stonechild|first=Blair A. |editor=Frederick E. Hoxie, D. L. Birchfield|title=Encyclopedia of North American Indians|chapter-url=https://books.google.com/books?id=WO9wmgEACAAJ&pg=PA277|year=1996|publisher=Houghton Mifflin|isbn=978-0-395-66921-1|pages=277–281|chapter=Indian-White Relations in Canada, 1763 to the Present}}
* {{cite encyclopedia |last=Tousignant |first=Pierre |title=The Integration of the Province of Quebec into the British Empire, 1763–91. Part 1: From the Royal Proclamation to the Quebec Act |workencyclopedia=[[Dictionary of Canadian Biography]] |volume=4 |location=Toronto |publisher=University of Toronto Press |date=1980 |url=http://www.biographi.ca/en/theme_essays.html?p=31}}
{{refend}}
 
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[[Category:Colonial United States (British)]]
[[Category:Constitutions of former British colonies]]
[[Category:George III of the United Kingdom]]
[[Category:History of United States expansionism]]
[[Category:Laws leading to the American Revolution]]
[[Category:Legal history of Canada]]
[[Category:Legislation concerning indigenous peoples]]
[[Category:Monarchy inof Canada]]
[[Category:Pontiac's War]]
[[Category:Proclamations]]
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