The Proclamation of 1763: Colonial Prelude to Two Centuries of Federal-State Conflict over the Management of Indian Affairs
![handle is hein.journals/bulr69 and id is 337 raw text is: THE PROCLAMATION OF 1763:
COLONIAL PRELUDE TO TWO CENTURIES OF
FEDERAL-STATE CONFLICT OVER THE MANAGEMENT
OF INDIAN AFFAIRSt
ROBERT N. CLINTON*
History is a cyclic poem written by Time upon the memories of man.
-PERCY BYSSHE SHELLEY'
On October 7, 1763-225 years ago-the British colonial government
issued the famous Proclamation of 1763.2 This important document restruc-
tured the management of Indian affairs in the original thirteen states,
Canada, and Florida. Additionally, the Proclamation established gov-
ernmental structures for newly acquired British territories in Canada, East
and West Florida, and Grenada, which were secured by cession from France
following Pontiac's Rebellion and the end of the French-Indian wars. In
particular, the Proclamation directly addressed three issues of colonial In-
dian policy, issues that continued to plague United States Indian policy after
the Revolution: Indian property rights, tribal separatism and autonomy, and
the primacy of the central government over the colonies in the management
of Indian policy. Indeed, more than any other document or single historical
event during the colonial period, the Proclamation of 1763 embodied an
enlightened colonial policy that sought to facilitate both Native American
trade and colonial expansion while recognizing Indian rights in the land.
Even though the colonies, and later the United States, failed to realize and
preserve Indian rights, the Proclamation and its aftermath retain great histor-
ical significance: they established the basic framework for conceptualizing
t Copyright 1989 by Robert N. Clinton.
* Wiley B. Rutledge Distinguished Professor of Law, University of Iowa College
of Law. A.B., 1968, University of Michigan; J.D., 1971, University of Chicago. This
Article is based on a paper delivered at the Edward & Molly Scheu Native American
Studies Symposium at Dartmouth College on May 13, 1988. The author appreciates
the helpful comments of Professors Randall Bezanson, Herbert Hovenkamp, Shel-
don F. Kurtz, Michael Green, and Nell Jessup Newton on earlier drafts of this
Article. In addition, he gratefully acknowledges the diligent assistance of research
assistants Nancy Schneider, George Randels, Scott Morrison, and Charlotte Wil-
liams in polishing this work. The ideas contained in this Article, however, are solely
those of the author and should not be attributed to these generous persons who kindly
contributed their time and effort.
1 L. PETER, PETER'S QUOTATIONS: IDEAS FOR OUR TIMES 243 (1977).
2 The complete text of the Proclamation of 1763 is set forth in 1 DOCUMENTS
RELATING TO THE CONSTITUTIONAL HISTORY OF CANADA 1759-1791 163-68 (A.
Shortt & A. Dougherty, eds., 2d ed. 1918) [hereinafter CANADIAN CONST. Docs.]
and in 3 W. WASHBURN, THE AMERICAN INDIAN AND THE UNITED STATES 2135-39
(1973) and has been included as an appendix to this Article. Quoted references will be
made to CANADIAN CONST. Docs.](ViewImageLocal?handle=hein.journals/bulr69&div=15&collection=&method=preview&ext=.png&size=3)
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The Proclamation of 1763: Colonial Prelude to Two Centuries of Federal-State Conflict over the Management of Indian Affairs
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