In 1763, under King Georges III reign, the Royal Proclamation (RP) was instilled overseas to North America. The RP were used as guidelines for European Settlement of Aboriginal land after they had won a war between France and Britain which spanned over the course of seven years, this war would later be deemed the Seven Years War. The RP stated that all land was Aboriginal land until it was given up by treaty, this resulted in European settlers not being able to claim the land from the Aboriginal occupants, unless it was first purchased by the Crown to be later sold to the settlers. Two articles further went into detail about the cause and effect of the RP, each with their own stories about what happened due to the process of 1763. One article focuses on the effects around the Treaty of Niagara from the Indigenous people’s point of view, whereas the other focuses on the effects of Virginia Land Companies and the effects it had on the English settlers. The Treaty of Niagara …show more content…
John Borrows, the author of “Wampum at Niagara: The Royal Proclamation, Canadian Legal history, And Self Government” stated that the Crown made the aboriginals active in the formulation of the RP because they saw that the aboriginals had maintained their power and control even during the seven years’ war.
This saw that the RP would be part of a treaty, an agreement made between two powers that would be acted under international law, between the Crown and Aboriginals in Niagara. But having all the paperwork written up by the Crown, the Aboriginals had little understanding of this, and so the crown was able to ignore First Nation participation since the First Nation community had used other methods such as speeches, physical symbols, and other conduct to interpret the RP. (Borrows,
1997) Having signed the Treaty of Niagara (TON), both parties made promises that were made sacred by the sharing of Wampum, a traditional belt made of shell beads, as well as oral statements. (Borrows, 1997) This sharing of Wampum belts allowed trust to be given to the First Nations that they were free to open trade with anyone living on their land, as long as there was a mutual trust that the settlers would be welcomed into the country without any offensive or defensive efforts. (Borrows, 1997) Having the RP and the TON together, native consent would be required to change land ownership to the settlers. This was up kept by making it so that the crown had the sole access to purchase land, where they would then distribute it to settlers. The only problem with this is that the TON only secured these promises of specific land, and so it was found that all land west of the Appalachian Mountains would be Aboriginal Reserve land. (Borrows, 1997) The Occupation of Virginia Land Companies Having the English settlers invade their land illegally, the Indian tribes of North America were not pleased. This is when King George had the RP created which disallowed his subject’s access to any land west of the Appalachian Mountains. Having this created, his subjects were pleased with the proclamation, but they had only seen it as a temporary fix, and assumed that they would later take the land with force. Years later in 1768, the King had is superintendent for Indian Affairs organize a meeting with the Indian tribes. A Treaty was signed during this meeting which resulted in surveying and establishment of a new Indian Boundary line. (Del Papa, 1975) The result of this new line was more westward than originally set during the signing of the RP. This allowed for more land to be settled by the Europeans. This land would be owned by the Crown and then distributed to the settlers as needed. Before the signing of the RP, there were major land companies in Virginia, the Ohio, and Loyal Land Companies. These companies were majorly impacted by the RP and furthermore with the signing of the new Indian Boundary Line in 1786. The Ohio Company was formed in 1747 for the use of trade and land. This company was given 200,000 acres of land on the Ohio River from the British because they were fearful that they would only be stuck with the land East of the Appalachian Mountains, a result with was less than preferred. Having now taken over these 200,000 acres, the Indians were vocally angred by this, but the company still proceeded with their plans of settling the land. Settlers started taking over this land, when in 1754 a war between Indian and French took place, resulting in the land being deemed unsafe for all Englishmen, and so the English abandoned their land. (Del Papa, 1975) The Indians having regained the Ohio River land through a treaty signed by King George II in 1758, the Ohio Company attempted to get military protection since they were based out of Virginia, and so they did not reside within the treaty land. Although they were denied the assistance, the Ohio Company made moves to resettle anyway until it was stopped abruptly by a new proclamation which banned any and all settlement west of the Appalachian Mountains. Having been upset by this the Ohio Company sent a representative to London to petition the new head of Crown, King George III. While the representative was there, the RP was signed which resulted in nothing being changed and the Ohio Company being without their land, which they believed to be rightfully theirs. (Del Papa, 1975) Another company in 1749, the Loyal Land Company, having heard the Ohio Company being given 200,000 acres of land, petitioned for land and they received a title for 800,000 acres of land in southwest Virginia (currently Kentucky). They, just as the Ohio Company had, suffered due to the French and Indian war and were forced out of their settlements. (Del Papa, 1975) The Loyal Land Company ended up having to give up 200,000 acres of this land directly after the signing of the RP, but all of this land was to the east of the Appalachian Mountains, whereas the other 600,000 had been west(Del Papa, 1975) They had to wait until the signing of the new Indian Boundary Line before resettling. Comparison These two articles clearly point out their arguments, the First being on the Indigenous issues and the second with the English settler’s issues. The largest underlying similarly between these articles is that the promise of the land ownership being in Aboriginal hands were always kept. In the eyes of the Aboriginals they were keeping what was rightfully theirs, but in the eyes of the English settlers companies, the Aboriginals took what was rightfully theirs. The reasoning behind this was that all the land ownership confusions were caused by the Crown. The crown prior to the RP signing was giving out land that they did not have access to legally. So with the signing of the RP, the companies that were given the land felt ripped off because their land was now gone. The Crown, having given the land to the Aboriginals again built trust with them, which in the end bettered all peoples. It was just under the circumstances of timing that the Settlers were on the low end of the stick. What was different about the articles was actually hidden at first. But in the paper written by John Borrows, the English settlers and Crown appear to be 100 percent on board with all the negotiations to give the land back. Whereas in Eugene M. Del Papa’s article about the Land companies the English appear to be the bad guys trying to take advantage of the Aboriginals and being angered by the Crown. It is apparent that depending on who writes the history of the Royal Proclamation, you will get different perspectives on what was right and wrong with the whole ordeal. But in logistical reality, the land originally, and always did belong to the First Nations even if they did not have documentation. The Crown took advantage of this, by making it seem like they were partnering with the Aboriginals which resulted in sharing of land, but by doing this the Crown had secured land that was not originally theirs. The second article also points out that they further took from the Aboriginals by renegotiating the Indian Boundary Line.
The Calder Case was the spark that led to the Canadian government recognizing Aboriginals and their rights. Firstly, the aboriginals used the Calder Case to inform the government that they were taking away their rights. The Calder Case was launched after the Attorney General of British Columbia declared “that the Aboriginal Title, other wise known as the Indian Title, of the Plaintiffs to their ancient tribal territory...has never been lawfully extinguished.”1 The statement made by the government claimed that the Aboriginal Title did not exist in the eyes of the law and before the Calder Case, it allowed them to ignore Aboriginal land rights all over the country. In addition, The Calder brought the issues the Aboriginals were facing with land claims to the attention of the Canadian government. “According to Kainai Board of Education The case made it all the way to the Supreme Court of Canada where the court ended up rejecting the native's claims after being split on it's validity. However, the Supreme Court of Canada's recognition required new respect for Aboriginal land claims.”2 The Supreme Court of Canada's recognition of the Calder Case benefited the Aboriginals as the government was...
The terms of the Treaty included the acknowledgement of Indian tribes’ asking for forgiveness and the English dominating Indian trade and commerce. There were other terms that included the English being able to use Indian land for recreational use and any “remedy or redress” (Calloway 174) being brought to justice based on English laws. Overall, the terms and language used in the treaty is used to place blame of past hostilities on the Indians. The English completely twisted the language in the treaty to favor the English and shows the Indian people as rebellious savages that were begging for forgiveness for King George and the English.
The first interpretation of sovereignty that is examined by Flanagan views sovereignty in an international sense. Sovereignty for these leaders means gaining more international power and acceptance. Flanagan argues that major international bodies such as the United Nations will be accepting such an attempt at sovereignty (71). As the second largest country in the world the geographical constraints on uniting Aboriginal people living across the country plays a significant factor. Flanagan also points to the diversity within this group; there are over six hundred bands across the ten provinces in Canada in more than 2,200 reserves. Compounding the geographical constraints facing their unity, Aboriginal bands in Canada often differ from each other significantly in their culture including language religion/customs (Flanagan 71). Many Aboriginal people now choose to live off reserve which further complicates their unity (Flanagan 73). Flanagan highlights that as many small bodies they would not be able to survive in the competition of the international community. Current international governance is extremely complex and Flanagan argues it is unlikely for poor isolated people to succeed (73). One united aboriginal voice is also highly unlikely according to Flanagan; having been freed of one power most bands would not choose to become conne...
To start off, I’ll be writing about the life of people in British North America and its significance towards unifying Canada, as well as background knowledge of conflicts that existed. Life in British North America was changing at an alarming rate. New technology and services were being introduced such as railways and steamships. Industries such as building, producing and farming were being introduced. This was in part due to the many immigrants from Britain and France who’d settled. This was dreadful for the First Nations as their land had been taken away even more so than before. More resources were needed for the growing crowd so trade agreements were made. As more people came, the First Nations were even more distanced from the Europeans. Meanwhile, the French and the British wanted the other’s culture to be erased from the
...special status for Quebec and any other province, yet he was willing to recognize the historic rights of Aboriginal peoples so long as recognizing did not entail the actual granting of special status.
The year 1907 marked the beginning of treaty making in Canada. The British Crown claims to negotiate treaties in pursuance of peaceful relations between Aboriginal peoples and non-Aboriginals (Canada, p. 3, 2011). Treaties started as agreements for peace and military purposes but later transformed into land entitlements (Egan, 2012, p. 400). The Royal Proclamation of 1763, which recognizes Indian sovereignty and its entitlement to land, became the benchmark for treaty making in Canada (Epp, 2008, p. 133; Isaac & Annis, p. 47, 48; Leeson, 2008, p. 226). There are currently 70 recognized treaties in Canada, encompassing 50 percent of Canadian land mass and representing over 600,000 First Nations people (Canada, 2013). These treaties usually have monetary provisions along with some financial benefits given by the Crown, in exchange for lands and its resources (Egan, 2012, p. 409). Its purpose should be an equal sharing of wealth that is beneficial for Aboriginal and non-Aboriginals (Egan, 2012, p. 414).
Canada likes to paint an image of peace, justice and equality for all, when, in reality, the treatment of Aboriginal peoples in our country has been anything but. Laden with incomprehensible assimilation and destruction, the history of Canada is a shameful story of dismantlement of Indian rights, of blatant lies and mistrust, and of complete lack of interest in the well-being of First Nations peoples. Though some breakthroughs were made over the years, the overall arching story fits into Cardinal’s description exactly. “Clearly something must be done,” states Murray Sinclair (p. 184, 1994). And that ‘something’ he refers to is drastic change. It is evident, therefore, that Harold Cardinal’s statement is an accurate summarization of the Indigenous/non-Indigenous relationship in
During the late 1860s the Red River Settlement was rapidly changing and along with these changes came multiple causes and conflicts that would subsequently to a resistance called the Red River Rebellion. Many profound changes occurred in the Red River Settlement that had caused problems and hostility among the inhabitants to emerge such as:the arrival of Canadians to the settlement, the economic problems and the decline of the Hudson Bay Company. However, the Red River Rebellion was sparked by the Hudson Bay Company selling Rupert’s Land to the new Dominion of Canada without consulting with the inhabitants nor paying any regards to their interests.The colonists of the Red River Settlement, many of whom were Metis, feared for their culture and land rights under the dominion’s control. In order to ascertain that their rights would be protected, the Metis set up a provisional government under the leadership of Louis Riel to negotiate an agreement with the new Dominion of Canada that the Red River Settlement and the lands surrounding it, could enter Confederation as the province of Manitoba under their own terms.
The British acquired the French territory after the Seven Year War (French and Indian War) and because they did not want another war to start with the colonists and the Indians they issued the Proclamation of 1763 prohibiting colonists to settle in the west passed the Appalachian Mountains. This angered colonists who had either purchased or was given land to the west.
The Indian act, since being passed by Parliament in 1876, has been quite the validity test for Aboriginal affairs occurring in Canada. Only a minority of documents in Canadian history have bred as much dismay, anger and debate compared to the Indian Act—but the legislation continues as a central element in the management of Aboriginal affairs in Canada. Aboriginal hatred against current and historic terms of the Indian Act is powerful, but Indigenous governments and politicians stand on different sides of the fence pertaining to value and/or purpose of the legislation. This is not shocking, considering the political cultures and structures of Aboriginal communities have been distorted and created by the imposition of the Indian Act.
When the Virginia Co., chartered by King James I, arrived in Virginia in 1607, the Virginia Co. gave land freely to men who payed their own voyage to Virginia. For every servant or family member who accompanied whose voyage was also payed for, 50 acres of land was given. In Massachusetts, land was allocated to wealthy individuals who were well connected with higher-ups or royal officials. Both settlements seeing that they have a right to just take and claim their land proved to be a big issue. The colonists figured that since the Native Americans did not have visible claims on land, that said land was free for the taking. Also, from the Native American point of view, they assumed that they would be sharing land with the colonists, not being robbed of it. Moreover, the Puritans even punished the Native Americans for not using the land to its maximum potential. The disagreements and different religious outlooks between the settlements and the Native Americans resulted in wars such as the Pequot War (1636) and the King Philips War (1675). This is significant because over the next hundreds of years, Native Americans would continue to get pushed out from their own homeland, and, set a precedent that we, Americans, can take virtually anything we
1763- French and Indian War Ends. Canada and land east of the Mississippi River is added to Great Britiain’s Empire.
The Indian Act was an attempt by the Canadian government to assimilate the aboriginals into the Canadian society through means such as Enfranchisement, the creation of elective band councils, the banning of aboriginals seeking legal help, and through the process of providing the Superintendent General of the Indian Affairs extreme control over the aboriginals, such as allowing the Superintendent to decide who receives certain benefits, during the earlier stages of the Canadian-Indigenous' political interaction. The failure of the Indian Act though only led to more confusion regarding the interaction of Canada and the aboriginals, giving birth to the failed White Paper and the unconstitutional Bill C-31, and the conflict still is left unresolved until this day.
King George III issued 250 years ago today a proclamation that banned colonists to settle west of the Appalachian Mountains. He he hoped to please the Native Americans who had sided against him during the French and Indian War. He also wanted to avoid sending troops to defend the colonists on the Native land. People were angry and moved away.
The beginning of 1763 marked one of the major events that would contribute to the end of British colonial relations. On February 3, 1763 the French and Indian War finally ended in British victory, but while the British celebrated the French’s defeat, colonists feared the oncoming reverberations the war would have on them. The main motive behind the war was for possession over the French fur trade territory in North America. To the colonists, the war was being fought by and for Britain not the colonies. The benefits of the victory only pertained to Britain. The after effect of the war for the colonies was the trampling on their need for expansion. During the war, Native Americans had fought with the French because of how well they treated them. Britain was notorious for abusing the Native Americans, therefore once the French were defeated; they began attacking western settlements of colonists. To avoid confrontation, the Proclamation of 1763 was passed by Parliament. The Proclamation established a limit to the greatly needed colonial expansion. Specifically, the Proclamation forbid settlement beyond the Appalachian Mountains. The passing of the Proclamation of 1763 infuriated colonists ...