source of the St. Mary's river, and by the course of the said river to the Atlantic Ocean; . . .

Thirdly, the Government of West Florida, bounded to the ... westward, by the lake Pontchartrain, 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 Chatahoochee; and to the eastward, by the said river. . . .

We have also, with the advice of our Privy Council aforesaid, annexed to cur Province of Georgia all the lands lying between the rivers Altamaha and St. Mary's.

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 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 from the Atlantic Ocean from the west or northwest; 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 land 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 land 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 special leave and license 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 the 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 license 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 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 licenses without fee or reward, taking especial care to insert therein a condition that such license 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 enjoin 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 treasons, 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 shall 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.

FROM JAMES OTIS'S RIGHTS OF THE COLONIES'

The Rights of the British Colonies asserted and proved. By James Otis, Esq., Boston, 1764.

[p. 8] It is, however, true in fact and experience, as the great, the incomparable Harrington has most abundantly demonstrated in his Oceana, and other divine writings, that Empire follows the balance of property: 'Tis also certain that property in fact generally confers power, tho' the possessor of it may not have much more wit than a mole or a musquash. And this is too often the cause, that riches are sought after, without the least concern about the right application of them. But is the fault in the riches, or the general law of nature, or the unworthy possessor? It will never follow from all this, that government is rightfully founded on property, alone. What shall we say then? Is not government founded on grace? No. Nor on force? No. Nor on compact? Nor property? Not altogether on either. Has it any solid foundation? any chief corner stone, but what accident, chance

or confusion may lay one moment and destroy the next? I think it has an everlasting foundation in the unchangeable will of God, the author of nature, whose laws never vary. The Same omniscient, omnipotent, infinitely good and gracious Creator of the aniverse, who has been pleased to make it necessary that what we call matter should gravitate, for the celestial bodies to roll round their axes, dance their orbits and perform their various revolutions in that beautiful order and concert, which we all admire, has made it equally necessary that from Adam and Eve to these degenerate days, the different sexes should sweetly attract each other, form societies of single families, of which larger bodies and communities are as naturally, mechanically, and necessarily combined, as the dew of Heaven and the soft distilling rain is collected by the all enliv'ning heat of the sun. Government is therefore most evidently founded on the necessities of our nature. It is by no means an arbitrary thing, depending merely on compact or human will for its existence.

[p. 30] The natural liberty of man is to be free from any superior power on earth, and not to be under the will or legislative authority of man, but only to have the law of nature for his rule.' This is the liberty of independant states; this is the liberty of every man out of society, and who has a mind to live so; which liberty is only abridged in certain instances, not lost to those who are born in or voluntarily enter into society; this gift of God cannot be annihilated.

The Colonists being men, have a right to be considered as equally entitled to all the rights of nature with the Europeans, and they are not to be restrained in the exercise of any of these rights, but for the evident good of the whole community. By being or becoming members of society, they have not renounced their natural liberty in any greater degree than other good citizens, and if 'tis taken from them without their consent, they are so far enslaved.

[p. 32] I also lay it down as one of the first principles from whence I intend to deduce the civil rights of the British colonies 1 that all of them are subject to, and dependent on Great Britain; and that therefore as over subordinate governments, the Parliament of Great Britain has an undoubted power and lawful authority to make Acts for the general good, that by naming them, shall and ought to be equally binding, as upon J the subjects of Great Britain within the realm. This principle,

I presume, will be readily granted on the other side the Atlantic. It has been practised upon for twenty years to my knowledge, in the province of the Massachusetts-Bay; and I have ever received it, that it has been so from the beginning, in this and the sister provinces, thro' the continent.

[p. 39] The power of Parliament is uncontroulable, but by themselves, and we must obey. They only can repeal their own Acts. There would be an end of all government, if one or a number of subjects or subordinate provinces should take Aupon them so far to judge of the justice of an Act of Parliament, as to refuse obedience to it. If there was nothing else to restrain such a step, prudence ought to do it, for forceably resisting the Parliament and the King's laws, is high treason. Therefore let the Parliament lay what burthens they please on us, we must, it is our duty to submit and patiently bear them, till they will be pleased to relieve us. And 'tis to be presumed the wisdom and justice of that august assembly, always will afford us relief by repealing such Acts, as through mistake, or other human infirmities, have been suffered to pass, if they can be convinced that their proceedings are not constitutional, or not for the common good.

[p. 41] Reasons may be given, why an Act ought to be repeal'd, and yet obedience must be yielded to it till that repeal takes place. If the reasons that can be given against an Act are such as plainly demonstrate that it is against natural equity, the executive courts will adjudge such Act void. It may be questioned by some, tho' I make no doubt of it, whether they are not obliged by their oaths to adjudge such Act void. ...

[p. 42] I cannot but observe here, that if the Parliament have an equitable right to tax our trade, 'tis indisputable that they have as good an one to tax the lands, and everything else.

There is no foundation for the distinction some make in England, between an internal and an external tax on the colonies. By the first is meant a tax on trade, by the latter a tax on land, and the things on it. A tax on trade is either a tax of every man in the province, or 'tis not. If 'tis not a tax on the whole, 'tis unequal and unjust, that a heavy burden should be laid on the trade of the colonies, to maintain an army of soldiers, custom-house officers, and fleets of guard-ships; all which, the incomes of both trade and land would not furnish