6-7 EDWARD VII., A. 1907 for Our further Directions therein. And you are also to transmit a Duplicate thereof to Our Commissioners for Trade and Plantations for their information.

42. You are to use your best endeavours in improving the Trade of the Province under your Government by settling such Orders and Regulations therein, with the advice of Our said Council, as may be most acceptable to the generality of the Inhabitants; And It is Our express Will and Pleasure, that you do not upon any pretence whatever, upon pain of Our Highest Displeasure, give your assent to any Law or Laws for setting up any Manufactures, and carrying on any Trades, which are hurtful and prejudicial to this Kingdom; and that you do use your utmost endeavours to discourage, discountenance, and restrain any attempts, which may be made to set up such Manufactures, or establish any such Trades.

43. And it is Our Will and Pleasure, that you do not dispose of any Forfeitures or Escheats to any person, until the Sheriff or other proper Officer have made enquiry by a Jury upon their Oaths into the true value thereof; nor until you have transmitted to Our Commissioners of Our Treasury a particular account of such Forfeitures, and E-cheats, and the Value thereof; and you are to take care, that the produce of such Forfeitures and Escheats, in case We shall think proper to give you directions to dispose of the same, be duly paid to Our Treasurer or Receiver General of Our said Province; and a full account transmitted to Our Commissioners of Our Treasury, or Our High Treasurer for the time being, with the names of the persons, to whom disposed.

44. And whereas Commissions have been granted unto several persons in Our respective Plantations in America for the trying of Pirates in those parts, pursuant to the Acts for the more effectual suppression of Piracy; and by a Commission already sent to Our Province of New York Our Governor there is impowered, together with others therein mentioned, to proceed accordingly in reference to Our said Province: Our Will and Pleasure is that you do use your best endeavours to apprehend ali persons whatever, who may have been guilty of Piracy within your Government, or who, having committed such Crimes at other places, may come within your Jurisdiction, and until we shall think proper to direct the like Commission to be established for Our Government at Quebec, you are to send such Pirates, with what proofs of their Guilt you can procure or collect, to Our Governor of New York, to be tryed and punished under the authority of the Commission established for those parts.

45. And whereas you will receive from Our Commissioners for executing the Office of High Admiral of Great Britain and of Our Plantations a Commission, constituting you Vice Admiral of Our said Province; you are hereby required and directed carefully to put in execution the several powers thereby granted you.

46. Whereas great Inconveniences have happened heretofore by Merchant Ships and other Vessels in the Plantations wearing the Colours borne by Our Ships of War, under pretence of Commissions granted to them by the Governors of the said Plantations, and by trading under those Colours, not only among Our own Subjects, but also those of other Princes and States, and committing divers Irregularities, they may very much dishonour Our Service; For preventing thereof, you are to oblige the Commanders of all such Ships, to which you shall grant Commissions, to wear no other Colours, than such as are described in an Order of Council of the 7th of January 1730, in relation to Colours to be worn by all Ships and Vessels, except Our Ships of War.

47. And whereas there have been great Irregularities in the manner of granting Commissions in the Plantations to private Ships of War, you are to govern yourself, whenever there shall be occasion, according to the Commissions and Instructions granted in this Kingdom; But you are not to grant Commissions of Marque or Reprisal against any Prince or State, or their Subjects in amity with Us to any person whatsoever without Our special Command.

Whereas We have been informed, that during the time of War, Our Enemies hees frequently got Intelligence of the State of Our Plantations by Letters from jarvals persons to their Correspondents in Great Britain, taken on board Ships coming

the Plantations, which hath been of dangerous consequence; Our Will and

SESSIONAL PAPER No. 18

Pleasure therefore is, that you signify to all Merchants, Planters, and others, that they be very cautious in time of War, whenever that shall happen, in giving any accounts by Letters of the public State and Condition of Our Province under your Government; and you are further to give directions to all Masters of Ships, or other persons, to whom you may entrust your Letters, that they put such Letters into a Bag with a sufficient weight to sink the same immediately, in case of imminent danger from the Enemy: And you are also to let the Merchants and Planters know, how greatly it is for their Interest, that their Letters should not fall into the hands of the Enemy; and therefore that they should give like Orders to Masters of Ships in relation to their Letters; and you are further to advise all Masters of Ships, that they do sink all Letters, in case of danger, in the manner before mentioned.

49. And whereas the Merchants and Planters in Our Plantations in America, have in time of War, corresponded and traded with Our Enemies, and carried Intelligence to them, to the great prejudice and hazard of Our said Plantations; you are therefore by all possible methods to endeavour to hinder such Trade and Correspondence in time of War.

50 Whereas it is absolutely necessary, that We be exactly informed of the State of Defence of all Our Plantations in America, as well in relation to the Stores of War, that are in each Plantation, as to the Forts and Fortifications there, and what more may be necessary to be built for the Defence and Security of the same; you are as soon as possible to prepare an account thereof with relation to Our said Province in the most particular manner; and you are therein to express the present State of the Arms, Ammunition, and other Stores of War belonging to the said Province, either in public Magazines, or in the hands of private persons, together with the State of all places either already fortified, or that you judge necessary to be fortified for the Security of Our said Province; and you are to transmit the said accounts to U's by one of Our principal Secretaries of State, and also Duplicates thereof to Our Commissioners for Trade and Plantations, for their information, and also a Duplicate thereof to Our Master General, or principal Officers of Our Ordinance, which accounts are to express the particulars of Ordinance, Carriages, Balls, Powder, and other sorts of Arms and Ammunition in Our public Stores, and so from time to time of what shall be sent to you, or bought with the public Money; and to specify the time of the disposal, and the occasion thereof; And you are half yearly to transmit a general account of the State of the Fortifications and Warlike Stores specified in the manner above mentioned.

51. And in case of any Distress of any other of Our Plantations, you shall, upon application of the respective Governors thereof unto you, assist them with what aid the condition and safety of Our Province under your Government can spare.

52. If any thing shall happen, which may be of advantage or security to Our Province under your Government, which is not herein, or by your Commission provided for, We do hereby allow unto you, with the advice and consent of Our Council, to take order for the present therein, giving unto Us, by one of Our principal Secretaries of State, speedy notice thereof, that you may receive Our Ratification, if We shall approve the same; Provided always, that you do not by colour of any power or authority hereby given you, commence or declare War without Our Knowledge and particular Commands therein; and you are also to transmit a Duplicate of such notice, as aforesaid, to Our Commissioners for Trade and Plantations for their information.

53. And whereas We have by the first article of these Our Instructions to you directed and appointed, that your chief Residence shall be at Quebec, you are nevertheless frequently to visit the other parts of your Government, in order to inspect the management of all public affairs, and thereby the better to take care, that the Government be so administered, that no disorderly practices may grow up contrary to Our Service and the welfare of Our Subjects.

54. And whereas great prejudice may happen to Our Service, and the security of the Province by your absence from those parts, you are not upon any pretence whatsoever to come into Europe without having first obtained leave for so doing from

6-7 EDWARD VII., A. 1907

Us under Our Sign Manual and Signet, or by Our Order in Our Privy Council; Yet nevertheless, in case of Sickness, you may go to South Carolina, or any other of Our Southern Plantations, and there stay such a space of time, as the recovery of your Health may absolutely require.

55. And whereas We have thought fit by Our Commission to direct, that, in case of your death, or absence from Our said Province, and in case there be at that time no person within Our said Province commissionated or appointed by Us to be Our Lieutenant Governor, or Commander in Chief, that the eldest Councillor, being a natural born Subject of Great Britain, Ireland, or the Plantations, and professing the Protestant Religion, who shall be at the time of your death or absence residing within Our said Province under your Government, shall take upon him the administration of Government, and execute Our said Commission, and Instructions, and the several powers and authorities therein directed; It is nevertheless Our express Will and Pleasure, that in such case the said President shall forbear to pass any Act or Acts, but what are immediately necessary for the Peace and Welfare of the said Province, without Our particular Order for that purpose.

56. And whereas We are desirous, that a proper provision should be made for the support of Our Government within Our said Province of Quebec, We do therefore hereby declare it to be Our Royal Intention, that the following annual Salaries and Allowances be discharged and paid out of any Revenues arising to Us within the same, or out of such other Monies, as shall be granted or appropriated to the Uses and Services of Our said Province of Quebec, that is to say,

To one Judge of the inferior Courts of King's Bench and Common Pleas
at each of the above five Posts at £100 each Judge.

To an Assistant or Assessor at each Post at £50 p Annum..

To a Sheriff at each District at £20 p Annum each..

To a Grand Voyer

To a French Secretary.

To four Ministers of the Protestant Church at £200 p. Ann. each..

1,000

To two Schoolmasters at £100 p Annum each

200 "

To an Allowance to the Person licenced to superintend the Romish Church

200

To Pensions to the Officers of a Corps of Canadians employed in the last
War, and discharged without any Allowance, as follows, Vizt
To Mons Rigauville, the Commandant of said Corps..

200

To five Captains £100 each..

To ten Lieutenants £50 each.

To the Commandant of the Savages..
To Annual contingent Expenses ..

£17,350.

All which Salaries and Allowances are to commence on, and be payable from, and after the first day of May next ensuing.1

1 Among the Dartmouth Papers is an Estimate of the Expence of the Civil Establishment of the Province of Quebec, and Its Dependencies." M 386, p. 494. In this a number of the salaries are rated a

500

500

100

1,000

SESSIONAL PAPER No. 18

57. And whereas We are further willing in the best manner to provide for the support of the Government of Our said Province, by setting apart a sufficient Allowance to such, as shall be Our Lieutenant Governor, Commander in Chief, or President of Our Council for the time being within the same; Our Will and Pleasure therefore is, that, when it shall happen, that you shall be absent from Our said Province, one full Moiety of the Salary, and of all Perquisites and Emoluments whatsoever, which would otherwise become due unto you, shall, during the time of your absence from Our said Province, be paid and satisfied unto such Lieutenant Governor, Commander in Chief, or President of Our Council, who shall be, resident upon the place for the time being, which we do hereby order and allot unto him towards his Maintenance, and for the better Support of the Dignity of that Our Government.

G. R.

PLAN FOR THE FUTURE MANAGEMENT OF INDIAN AFFAIRS, REFERRED TO IN THE THIRTY SECOND ARTICLE OF THE FOREGOING INSTRUCTIONS.

1. That the Trade and Commerce with the several Tribes of Indians in North America under the protection of His Majesty shall be free and open to all His Majesty's subjects, under the several Regulations and Restrictions hereafter mentioned, so as not to interfere with the Charter to the Hudson's Bay Company.

2. That for the better Regulation of this Trade, and the Management of Indian Affairs in general, the British Dominions in North America be divided into two Districts, to comprehend and include the several Tribes of Indians mentioned in the annexed Lists A. and B.

3. That no Trade be allowed with the Indians in the southern District, but within the Towns belonging to the several Tribes included in such District; and that in the Northern District the Trade be fixed at so Many Posts, and in such Situations, as shall be thought necessary.

4. That all Laws, now in Force in the several Colonies for regulating Indian Affairs, or Commerce, be repealed.

5. That there be one general Agent or Superintendant appointed by His Majesty for each District.

6. That the Agent or Superintendant for the Northern District shall be allowed. three Deputies to assist him in the Administration of Affairs within his District; and that the Agent or Superintendant for the Southern District shall be allowed two Deputies.

7. That there shall be a Commissary, Interpreter, and Smith, appointed by His Majesty to reside in the Country of each Tribe in the Southern District, and at each Post in the Northern District.

8. That it be recominended to the Society for the propagation of the Gospel in foreign parts to appoint four Missionaries in each District, to reside at such places, as the Agent or Superintendant for each District shall recommend.

9. That the Commissaries, Interpreters, and Smiths in each District do Act under the immediate Direction and Orders of the Agent or Superintendant, who shall have a power of Suspending them in Case of Misbehaviour, and, in Case of Suspension of a different amounts from those here given. Among the variations are the following-Lt. Governor, £800, Chief Justice, £1,000; the six Judges, £300 each, Commissary for Indians, £200. There are two additional offices, Judge of the Admiralty, £200, Register of the Court of Admiralty, £100. There was no provision for Schoolmasters, or for Contingent Expenses. From another document we find that the appointments to these positions were divided between Lord Dartmouth, the Treasury Board, and the Governor, as follows,

"Lord Dartmouth-Lt. Governor, Chief Justice, Secry & Register, 3 Judges, Attorney Gen', Clerk of Crown, Commissary for Indian Affairs, Naval Officers, 5 Superintends, 4 Ministers, 2 Schoolmasters. Treasury-Surveyor of Lands, Do of Woods, Receiv Gen'.

Governor-Clerk of Council, Captain of ye Port, 2 Sheriffs, 5 Judges, 5 Assessors, 5 Sheriffs, Grand Voyer, ffrench Secretary." M 385, p. 492.

18-3-28

6-7 EDWARD VII., A. 1907

Commissary, or of a Vacancy by Death, or Resignation, the Office shall be executed, until the King's pleasure is known, by one of the Deputies to the Agent or Superintendant.

10. That the said Agent or Superintendant shall have the Conduct of all publie Affairs relative to the Indians; and that neither the Commander in Chief of His Majesty's Forces in America, nor any of the Governors and Commanders in Chief of any of the Colonies, or persons having military Commands in any of the Forts within each of the said Districts, do hold any General Meetings with the Indians, or send any public Talks to them without the Concurrence of the Agent or Superintendant, unless in cases of great Exigency, or when the said Agent or Superintendant may be in some remote part of his District.

11. That the said Agents or Superintendants do in all Affairs of political consideration, respecting peace and war with the Indians, purchases of Lands, or other Matters, on which it may be necessary to hold any general Meetings with the Indians, advise and act in concert with the Governors, (or the Governors and Councils, as the Occasion may require), of the several Colonies within their respective Districts; And that the said Agents or Superintendants shall be Councillors extraordinary within each Colony in their respective Districts, in like manner as the Surveyors General of the Customs for the Northern and Southern Districts of America.

12. That the Governor or Commander in Chief of every Colony be directed to communicate to the Agent or Superintendant of that District, within which his Government lyes, all such Information and Intelligence, as he may receive respecting Indian Affairs; And that the Agents or Superintendants shall in like manner communicate to the Governors all Intelligence and Information, respecting the State of Indian Affairs, which may in any wise regard the Security and Interest of the said Colonies.

13. That no Order shall be issued by the Governor or Commander in Chief of any of His Majesty's Colonies, or by any Officer having Military Command in any Forts within the Indian Country, for stopping the Trade with any Tribe of Indians in either of the said Districts, without the Concurrence and Consent of the Agent or Superintendant for Indian Affairs.

14. That the said Agents or Superintendants shall by themselves, or sufficient Deputies visit the several Posts or Tribes of Indians within their respective Districts once in every year, or oftener, as Occasion shall require, to enquire into, and take an Account of the Conduct and Behaviour of the subordinate Officers at the said Posts, and in the Country belonging to the said Tribes; to hear Appeals; and redress ail Complaints of the Indians; make the proper Presents; and transact all Affairs relative to the said Indians.

15. 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 Superin tendants, 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 priviledges 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 Trade and another, to the Amount of Ten Pounds 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 issue upon it, in like manner as on the Judgement of any Court of Common Pleas established in any of the Colonies.

16. That for the easy attainment of Justice, the evidence of Indians, under proper Regulations and Restrictions, be admitted in all Criminal as well as civil causes. that shall be tried and adjudged by the said Agents or Superintendants, or by the said Commissaries; and that their Evidence be likewise admitted by the Courts of Justice in any of His Majesty's Colonies or Plantations in Criminal cases, Subject to the same Pains and Penalties in Cases of false Evidence, as His Majesty's Subjects.