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WRITTEN AND PRINTED EVIDENCE ADDUCED ON THE PART OF THB UNITED STATES. 1 t* u ■i TOPOGRAPHICAL EVIDENCE AKiriXIO TO THE FIRST STATEHENT. A, 6. C. D. I. ^ C ? e 1. S3. 3. 4. r>. 8. 9. 10. 11. 12. 13. 14. 13. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. m7. "^mT""^ .*" ""-' C*"--*""""" of 29th September, 1827 M.tchelPs Map of North America, annexed to the said C„„v „tion American Transcript of Map A. convention. Atlas of the Surveys, &c. annexed to the Renort of ih^ Am»,; n I the 5th Article of the Treaty of nLT, u I . ^"''"«='"> Commission er, under I notes of discrepancielvir' "'*'''•="''""<'''='' with the British Atlas, with the 'Mr. Johnson's Survey of the line north from the St. Croix, in 1817. Col. Bouchette's Survey of the same line, 1817. Mr. Johnson's further Survov of the nnrtK i;n„ .„ i i- Mr. Odell's further Survey o'fthrnol line ^'""' """*^^' '" ''''■ Capt. Partridge's section of the country from Point Levi to Hallowell, Maine, in 1819. of different heights through the Grand Portage. of Madawaska and St. John rivers. of Mars' Hill. M ., , ,„ „^""'^^ "^ *•'«' Rentook section of the same, and of Mars' Hill Mr^O ell'sSurvey oftheRestook. HithaSketchoftiieCountryr ew ifromMars' Hill, and the vicinity of the Houlton Plantation. weaiiomMars Mr. Hunter's Survey of the Aliguasli River. of the Penobscot, first part, of the Penobscot, second part. Mr. Burnham's Survey of the branches of Connecticut River Dr. Tiarks' Survey of Connecticut River, and its tributary streams. Mr. Burnham s Survey of Meemkeswee and Green rivers, and Beaver Stream ofTuladie River and Grand Portage. . Ur. Tiaiks' Surrey of Tuladie and Green rivers. . Mr. Loring's Survey of Penobscot River, of Moase River. ^'iT^Um! "'•''^■' "*■"" ""^'" """"** '"'"^"•^'^ ^» M"-- Oc-ell's report of the Sur- Mr. Hunter's Survey of the River St. John. Mr. Loss' Survey of the River St. John. Mn Partridge's Survey of the Chaudiere,the source of the Dead River, and the east branch of the Connecticut. ""^ Mr. Carlile's Survey of the head waters of Chaudiere and Kennebec rivers Mr. Burn amN Survey of the Kiver Quelle, and of the source of tJie Black River Mr. Carlile's Survey of the same rivers. Mr.^Burnh„.„'s Survey of the sources of the Metjarmette, Penobscot, and St. John Mr. Cirlile's Survey of the same sources. Col. Bouchette's bLiom-^trical section of the line north from the St. Croix hxtract from Canigan's Map of New Hampshire. Mitchell's Map of Connecticut River. Col. Bouchette concerning the parallel line. Extract from Mitchell's Map, as first filed by the British Agent Plan of the former Survey of the laUtudc of forty-five degrees north, in 1774. If Ir lis; y„ '1 ii J .' 4. J. G. 8, 10 11. 12. 13. 14. 15. IC 17. 18. 19. 20. 21. 22. 23. 24. 25. 2G. 29, 30, 31. 32. 33. E. Engraved Maps produced bjr the United Statei, viz. No. 1. T. Kitchiii'. British Dominions in North America, &c. Engraved for Dodslev's Annual Register, or ---.... j.g« 3. T. Kitchin's British Dominions in North America, &c. Engraved for Cnnt. John Knox's llistorjr of the War in America, London, - . . , i^-eo 3. British Empire in North America, &c. Annexc.l to Wynne's History of the British Empire, &c. London, ..... -17-0 J. Palairefs North America, with improvements. &c. By L. Delarochctte London, "---.. llidge's Briush Dominions in North America, &c. Annexed to a Complete His- ^'^^ toryofthelate War, &c. Dublin, - - . ' . .. Pnlairet's North and South America, by the American Traveller. Annexed to "The American Traveller," &c. London, ■ . . • j-g„ ^'"llJot"'" '-"'' ^^''' ^"'"'*' ""'*'' "" "'''""'*' """"'"' ^'' ^^''*'"'''' ^""^'i ' '''S!'it2,3:^^ Eng;avedb; ''" ''■ of'iritlf n "r'"'""* •" N'"-*'' America, &c. 1772. Annexed to -History' '''' S ",! ""*"^"?7'"""'*'" North America, &c. in fourteen books." London, ! 1772 S. Dunn's British Empire in North America. Loudon, . \'l Danville's North America, improved with English Surv.ys, &c. London, .' V5 h. Bowen, and J. Gibson's North America, &c. London, - til Sayer and Bennett's Province of Quebec, &c. London, . . 'L' North America, &c. corrected from the materialsof Gov. Pownall"M P ion.I„„' I'rrr Continent of America,_^c. corrected from the materiaro"' Gov'' P^^ '''' . W. Faden's British Colonies in North America,' .' ' ' ' IIII w^r,''Y";^'^'"'""'"^'"'^''<^'''«^'^- London. . : ■ -llll ' ^:::;;:;;^'''^\^'»P«f;''«U"';«^«".' «>«" Maawchu- Documents relating to the Grant of " Sa«adah(K» to *l. n i, ' , ' Grant by Charles If. to the Duke of YoT-X "'^ ^"''' Conhrmation of said Grant— I6r4 . . " " ' Commission?, by the Duke of Vn-i, * r^ ' • Charterof the ProvincrorMalltttt^r^r^^^^ ' Extractor a Letter from the Boanl f L/L'"^' ''7,.""'' ■^^'"•^-1691 Commissions of the Governor, of Nova Sc„t! "'^"'""'""-•-00 Richard Philipps, iri9 Do do. 17^1 Edward Cornwallis, 1,-4!) Henry Kllis, i-^, Montague Wilmot, ir63 . William Campbell, ir65 Francis Legge, 1773 John Parr, i^^g^ Extract of the Opinion of (hp Kin™' ».. ' Boanl of Trade-l" , "» ' ^'"'""^^ ""' S^'icUor General, "xird* oTt.'^fp ■^;.^ ''"''"'"»""" "»• ^"' October. 'ire, ' extract of Act of Parliament, 14 Geo. Ilf r 4- (n V . ' Letter from the Board of Trade t„ ft? ; ^^"*''*"^ ''^'=*') '^' f-tter from Jasper Mauduit Agen ^f M "^ !"""'' Commissions of the Gove Irs If thJp *'" ''''.'''^'^^^' '' «^ " '*^ """ ot the Province of Quebec • James Murray, ,;.fi3 - WnyCarlcton, trfir - ' 44 ib. 07 60 ib. 61 ib. 6i ib. 63 (i4 66 ib. 68 ib. 09 ib. ro 71 r4 83 ib. 93 96 totlie 98 100 ib. 103 106 109 123 125 ib. 127 129 134 139 144 150 156 162 165 169 iro 172 174 ib. 179 ▼u 44 ib. 87 6« ib. 61 ib. M ib. 03 64 66 ib. 68 ib. • 99 • lb. 70 71 U 83 ib. 93 96 98 100 ib. 103 106 109 123 123 ib. izr 129 134 139 144 150 156 No U. •23. 24. as. 00. '2r. 29. 31. Coraniiwion of Guy Cailclon, irr4 .... ''''*" J*' Frederick Ilalilimaii, \T77 ..... Oujr Carletun, 1786 - King's Order in Council, detlarinn the River Connecticut to be liie boundary between tbe Proviiue* of New Vori( and New Hnmpnliirc— 1764 - Document!* reHpecting Milclicll'* Map, and the River St. Croix: Jolin Adanm' and John Jay'* DopcHitions, 1797 - - . . Dr. Franklin's Letter, 1790 .... John Adams' Letter (Extract) 1784 King's Order in Council, respecting the lioundarics of the Provinces of Massa- chusetts and New Hampshire — If 40 • - . . . Vattcl'sLaw of Nations— (Extracts inserted in Statement,) Documents, relating to the confirmation and surveying of tiie boundary alon^ the 45th degree of North latitude, between the Provinces of New York and Quebec ---■--... Extract from Act of General Assembly of New York — 1768 • King's Order in Council — 1768 --.... Letters to and from the Surveyors^ 1771 — 1772 - . Extract from the Council Minutes! — 1773 ..... Deputaticm to C- I. Sauthier, as Surveyor — 1773 .... Extract from the Acts and Journal of the General Assembly of New York 1774—177.) Extracts from the Council Minutes of New York, relating to the same subject, (taken from the Appendix to the Proceedings of the Commissioners, undwr the 5th article of the Treaty of Ghent,) 1771 — 1773 Patent, for a Grant of land, by the Governor of the Province of New York, to E. Fanning and others — 1775 .... Grants of land in New York, along the Canada line - Grants toL Deane, to F. Turcot, and to C Goslinc — 1785 — 1790 Certificates relating to Grantu of land, — 1828 Grants of land in Vermont, along the Canada line Boundaries of the towns of Derby and Albur" 1779 1781 Certificates relatin;; to Grants of land — 1828 List of the Documents applied for to the British Government, with Lord Aber- deen's Mar"i!ial Notes — 1827 ...... ANNEXED TO THE SECOND STATEMENT. S. Extracts from the Secret Journals of Congress: First Instructions to the Minister appointed to negotiate peace witji Great Bri- tain, August 14, 1779, -----.. Instructions to the Ministers appointed as above, [ultimatum] June 15, 1781, Ri'poit ofa Committee of Congress, 011 cl.iims of U. States, not included inthe ul.iiiiatum, August 16, 1782, ---... Recommitted, August 20, 1782, --.... 9. (rt) Extracts from Dr. Franklin's Correspondence: First projet of Peace (Paper No. 1) entire, Oct. 8, 1782, Richard Oswald's Commission to treat with the thirteen United States of America, September 21, 1782 <•--... 1st and 22(1 Preliminary articles of peace between France and England, and Kiii^i's Proclamation respecting captures, 1783, . - . . l'»K' 185 191 197 203 20.1 206 ib. 207 209 210 ib. 211 213 219 220 221 226 230 235 ib- 340 241 ib. 243 244 251 252 25.) 256 258 259 vtii If '.a 114 J I .13. ;!J. 3C. i8, -«0, 41. 42. 43. 44. 45. 46. 47. 48. 49. Vo. E..™ct of a UiUr f.. A.eric.n Co.„iMi„„e™ t„ H. R Livi„,„„„t J*!^::" ""^ '^i;::;:f S:^;;::" " ^-^ •^"-^ -•' -• ^^--^ - <^— or w„; Prelimin.ry«rticle» of Pe.cc between Oro.t Britain .nd the' U„it,d g^.^" with the «.para(f ArJide. Nov. 3»th, 1782. . . ' Exlractn of Oranln by Nova Scotia : To W. Owen, and othcri, irCr, To Franci. Bernard, Thoman Pownall, an.l otl.era I'-fiJ ' Kxlracti from the Arguments of ti.e Bri(i,|, Airent iLf /i n '. under the 5th Article of the trcu V«f 1 rln-r-O- ' Co„.n,i.ai„„er. . Extract, of the Comn,i«iou8of.hc Governor, of New Brunswick!. ' Oay Carlcton, 1780, . Jame« Henrjr Craig, 1807, Sir Geo. Prcvost, 1811, J. C. Sherbrooke, 1816, Duke of Richmond, 1818, ., Earl of Dttlhousie, 1819 fcxtract* of the Coramiision* of the Governors of Canada: SirJame^!). SCO 262 204 fl68 268 27a • 9,75 • 283 • 284 ■ 284 ■ 285 ■ 285 ' 286 287 288 288 289 290 891 891 291 292 293 298 301 303 315 313 322 339 330 332 336 335 339 339 346 dll .p^ 860 26C 204 868 S68 aro. 275 283 284 284 285 285 286 So. 50. .11. 5'!. 53. as. .16. 57. .18. AppfiuUi. tftfo . 348 39 GO 61 R«(ricl from «he (>n»u* "I' Uie United HMvn lor Maim-, 1820, OranU of lai>d by the MtuU- of M«»itaihiiwtU: Contract with II. JanrfsenlativR»oftl.c Htati-of Noxv H«inj.«l.in-, for running the linn between the State and the l'ro»inc« of Canada, 1789, KxlrarlH Iron, tin- It.-poit of the Hrilinh Comini»«ioner un.ler the 5th Article of tho Trt-aty nrdliont, 1822, . . - • • - Extract froin the Uoport of the American Commiiotioner under do. 182.% Extract from the Ar;;inm'nt« of the Hriti^h Ancnt under «lo. 1821, - Extracts In-ni tlic Uoport* of the Hurveyori under do. 1817-80, ExtnictH from Hritinh Evidence, No. 12, vix: l'retident». MeMage to Congrew of 31 February, 1822. Mr (Jallatin'ii Letter to Secretary of State of 2.1th December, 1814. Extract, from Hritinh Kvidence, Noh. 1 ,1. 16, 17, 18, 20, 21, 22, 23, 24, 25, Fief of Madawaiika. Extract* from documents under the French Government, 1(583, 1750, Extracts from deed of sale to James Murray, 1762, . - - ■ Extracts from dee.U, &c. under British (Joverninent prior to treaty of 1783, - Extract* from deeds, &c. under Uritish Government subsequent to treaty of 1783, - Extracts from British Evidence— Boundary of Canada- Extracts from Quebec Oa/.ette, n. No. 28, (2 and 3)— 1705 and 1784. Extracts from proceedings in Court of Common Pleas, Quebec, B. No. 29, 1789-1791, - • " ' c \. ^ ' Extracts from Minutes of Executive Council of Province of Quebec, B. No. 31, 1787, - - Letter from Governor of the Province to Mr. Holland, B, No. 32, 1787, Mr. Holland's Report, B. No. 32, 1787, - " ' ' Report of Committee of the Executive Council, B. No. 38, 1787' Extracts from Council Minutes of Quebec, B. No. 32, 1792, Extracts from British Evidence, No. U, Madawaska Settlement, 1827, Extract from British Agent's Reply before Commissioners under 4th article ot treaty of Ghent, with Mr. Liston's letter, 1798, (From Appendix to 1 ro- ceedings of Commissioners under 5th article of treaty of Ghent.) 395 399 304 370 371 381 400 404 427 429 431 4.32 434 439 440 441 441 442 444 44.1 44(i 447 ERRATUM. A»i-.N».x.-l'..ge iv. line .".6-s,;:ike out " Kngraved for the roUUcal .Maga^ine. I lU I Hi 'f*i '^:. i; i ii s OBSERVATIONS ON, AND OBJECTIONS TO, THE TOPOGRAPHICAL EVIDENCE. JUaps, Surveys, and Topographical Delineations, filed with the Commissioners under the 5th Article of the Treaty of Ghent. It had been intended on the part of the United States, to annex to their fir«t .f.«» ^ ^ent only those of the said Maps, Surveys. &c. which tLy thTuno^^^^ '''^'■ AH o then,, having been collated by „,utual agreement bet.een'the two pa e" io r"^"='"; accordtngly communicated, as they appear in the copy of the American Atlas -3^"^^'""' The few variations between that and the British Atlas, none of which are deemed matenal. hav.ng been noted in the joint certificate annexed to each of the AUa^es need not be repeated here. Auasses, It has been agreed by the 4lh Article of the Convention of 1827, that the Map A should e considered, by the Contracting Parties, as a delineation of the waterco rset nd of the boundary lines in reference to the said watercourses, as con teTdedT; by each party respectively, and as evidence mutually acknowledged, of the topo«^^^^ fi n t teZT" '' '" ^r'"^' """^'^^"^'''^ *° •"^'^^ -y obseWations n'rSa. Sh he r„ """ "^r' '""" °" '''' "^P^' ^"'•^^y''' '''■ -•>-»> were filed with the Commissioners. The observation, and objections will apply almost exclu- tTe: ' Uan^e "'''" "' ''^'"^"'''' "''^''' «"^ •"-"»«•-• Eve' witrr^spec „ tance, of the dividing ridges, the position and length of these being determined by the sources of the watercourses, as laid down in Map A eiermined by Those surveys, as well as the engraved maps now adduced in evidence, being, ac- cording to the Convention, annexed only for the purposes of general ill s r tion t has no been deemed essential to examine them critically in all tSeir details ad su'c general observations only will be submitted, as appear obviously necessa v for th purpose of repelling inferences which cannot be admitted. ^ '' Sketch'nf^/, V^" f"'"'' ^""-^ ^'■- ^"^"'^ '^'"-""y "/ "^^ ^'^'ook, rvitha toTpiltln:''''''' "' ''""''''""' '''''' "'^ -'' '^^ -"-'^ of Haul- No objection is made to the plan of the river Restook so far as it ^Vas explored - a ke rhtb" 1 ''"^ """'^^' "' "'"^'^ ^^- ^'^^^ »>- pretended to give « sketch, has been surveyed, or even explored, either by him or any of the other sur- veyors under the commission, with the exception of the rivers St. John and Res cok he h„e drawn due north from the source of the river St. Croix, and Mars HiH No! single survey, (Mars Hill excepted,) was made west of ,he said north line, d sout of the river Restook, so far as the plan extends. («) Not a foot of the ground we^ been ^^^::^z. ;;;:3:;^r ^""""^ '"""" ''-' "'°""'"'" -' "•« --> '^- •- f M . .ippmdix. aiul soutli-wcst of Mars Hill, lias ever been explored or travelled over by any of the • M,.,^:;;;;;;:,,,,,,, s^'^veyors or of Iheir party. ih'o ToiCn"i",'';''.'l '''''«' &^civ.\\ is said to liave been taken from two places nearly thirty miles apart, ' ' ""' without the assistance of instruments or any observation. Not the slightest reliance can be ])laced on a view, taken in that manner, of a country the whole of which is a dense forest. It was impossible for any one to ascertain whether a ridge, or a peak, which he niiglit have seen from Mars Hill, was the same he saw from Houlton Plan- tation. Sup])osing that Mr. Odell could, merely by a glance of the eye, have taken a jirofile of the country between Mars Hill and Katahdin Mountain, as seen from the vicinity of Houlton, it was impossible for him to know the distance, from the point where he was placed, of the several hills, &c. of which he has given a profile, as if it was nn actual .section of the country. Some of the hills embraced within his plan, are sixty miles from Houlton: and the whole is so obviously a fanciful representation, that it would deserve no notice, was it not for the very erroneous impression which it is calculated at first sight to produce. 'I'he country not having been surveyed or explored, the situation of the watercourses remains unknown; and as they could not be seen in a hilly country covered with woods, Mr. Odell has entirely omitted them. There is not a trace, on the plan, of the upper branches of the Rcstook, or of the various tributary streams of the Peaobscot, iiy which the country is intersected in every direction. Thus the appearance is giv- en of a huge, wide and unbroken mountain, with some prominent peaks, extending fifty or sixty miles, in the direction in which it was necessary to create a chain of high- lands, in order to give some color to the British pretension. With no better evidence of that fictitious chain, the United States have a right to deny that it does exist. 2. No. IS. [F. in British Atlas.] Mr. Campbell's Sketchqf the Height of Land. Mr. Campbell, in October, 181S, ascended the Penobscot river to Mount Katah- tliii, and returned down the same river. The ensuing spring he proceeded through the Kennebec country, and along the usual road thence to Quebec, to the height of land (i) which divides the south-west branch of the Penobscot from the sources of a tributary stream of the river Cliaudiire. He then proceeded about forty miles, partly along the highlands described by the treaty, partly along an easterly ridge intersected by some of the north-west upper branches of the Penobscot. Directing then his course north- wardly, he reached, at some miles distance, one of the southerly sources of the Saint John, not far from the place where the conflicting lines meet. His sketch of the country he thus explored, though not correct either as to course or distance, is not liable to any very material objection. But he has also added a view of the country, north-east and south-cast from his last station towards Mars Hill (e) and Katahdin Mountain, which, juiij^ing by the Icnifth on his sketch of the ridge he ex- plored, is wholly erroneous as to distance. He has there, like Mr. Odell, laid down chains of mountains suited to (he British pretension, without any evidence of their existence. The United Stales object to the whole of that part of his sketch. y. Nos. 1.3, 14, 15, 23, 24, 23, 2G, (9, 10, 11, IS, 19, 20, 21 in British Atlas.) Messrs. Burnham's, TiarLi' and CarUsle's Surveys of certain Portages, between the respective sources of some of the tributary streams of the river St. Jotin and o/ the river St. Lawrence. The usual mode of communication through the uninhabited parts of the whole of this region has hitherto been by water. Canoes, made of the bark of the birch tree, (bj At the plact' calkil fmnf;e on Map A. ('cj Accunlinglo Map A, Mais Hill inubout 115 miles from the placn wliere tlie conflicting lines meet. if it are used for that purpose, drawing so little water that the smallest streams may be as- cended to their sources, and so light that they may be carried by the men on hoard, wherever the j.avigation is interrupted by a rapid, and also from the source of one stream to that of another. The Indians, from whom that mode of travelling has been borrowed, necessarily sought, and from long experience discovered, the places where canoes could be carried with the greatest facility, across the ground which separated IhesoMrcesof the different streams. Those places which, from that circumstance, have received the appellation of portages, or carrying places, are therefore those where the distance between the sources is shortest, and particularly, which was of far greater im- portance, where the ground separating those sources is the least elevated. All the above surveys are of portages of (hat description, separating sources of trib- ntary streams of the river St John from those of the river St. Lawrence, and alona the hne claimed by the United States. Those portages are, therefore, the lowest gaps or depressions of the highlands, along which that line extends. No objection is made to the surveys with respect to what they contain, but ti.ey are, nevertheless, calculated to convey an erroneous impression of the general character of the hiKhlands The various gaps, in which the respective sources of the streams flowing in oppo- site directions thus approximate, form, in each instance, a kind of valley, the course of which IS perpendicular to the general direction of the highlands. The ridges bv which each valley appears, in the surveys, to be bounded on both sides, are in fact nothing more than a part of the main ridge, or highlands. In order, therefore, to give a correct view of the whole ground, the surveys ought to have been extended, for some distance, on each side of the valleys, along the main ridge, and the vertical sec tion of such survey, perpendicular to the small valley, would have given a fair repre- sentation, both of the main ridge or highland, and of its depression in the gap where tlie sources ol the opposite streams were near to each other. It may here be observed, that the Umbazuckscus, (or Alaguash,) and other porta- ges, along the British line, as well as those between the heads of Connecticut river and the sources of the river St. Francis, which falls into the river St. Lawrence, arc pre- cisely ot the same character. 4. [British Atlas, No. 22.] Greenleafs Map of Maine. The northern parts of the State of Maine having been but very partially explored, at the time when this map was published, the mountains and ridges in that part o the country are wholly omitted. The United States object to any inference that m:,v be drawn from that omission, and also to the blue colored line, drawn by the Briu4 Agent on the map. 5. [No. 29, American Atlas, and K, British Atlas.] Extract, from MilcheWs Map. Both (hose extracts are objected to, on the part of the United Slates, prinoipallv on account of the omission of several names. But thoy have not been critically examimHl, as both will be superseded by Mitchell's printed map, which is to be annexed to the statements of the two Powers, in conformity with the Convention of 18'.'7 Jippendia:. f>tjt<(-rvnliftn!iort( mill (il'ji-cliniifltn, lhc1'(i|Mi){t.ip)iirai ri IL Uritish Transcript of the Map Jl. 1. Both Parties have laid down, ou their respective transcripts of this map, (he Katahd.n, Spencer, Bald, and several other detache.l mountains. The position of such of these as had not been actually explored by ii,e survovors under the commission, cannot be considered as determined on cither transcript with precision; and ihe exists race of some of them, with Indian names on the British transcript, isdoubthil. a* f^ r li. the £,iili ij^. i/ppcndU'. The iliviiling higlilands or ridges arc delineated, on the American trar.script, along oi„orvMi,m.n„, ''^"' *'•<' condictiiig lines, in the same manner as they usually are in topographical '''"' 'IIKIS^^^^ """P*' ^y *'■'''<='' tlclineation it is not intended to attach the character of mountains, properly so called, to such dividing ridges. In the IJritisli transcript, no portion of the ridge rdong the American lino is delineated, except such as had been explored by the surveyors: but the whole of Mr. Odell's iintitious representation of a chain of moun- tains, extending from Mars Hill to Mount K.ilahdin, has been inserted, as if there ex- istcd in that quarter and direction, a choin emphatically entitled to the appellation of highlands, and having a characlci' distinct from that of the adjacent parts of the coun- try, liiher towards the north, or in any other direction. This, being unsupported by any evidence, is objected toon the part of the United State.", for the same reasons which have been alleged with re.spcct to Mr. Odell's plan. No. 7. 2. It being stated, on the facg of the British transcript, that the rivers which fall into the Atlantic Ocean are colored «' blue," it is objected, on the part of the United States, that the rivers St. John, Ristigouche, and others, that have their mouths in the Hay of Fundy or the Gulf of St. Lawrence, are not thus colored. 3. Although the extent of the Madawaska Fief is quite irrelevant to the question at issue, it may be observed, that, according to the terms of the grant, as understood by the United States, it covers, in the Urttish transcript, at least three times as much ground as is contained in the grant. The Fief is stated to be three leagues in length, on each side of the river Madawaska, on a depth of two leagues, together with the Temiscouata lake, but without any land on its banks, (e) The leagues are of twenty- five to the degree: presuming the whole breadth, or depth intended, to be four leagues, and calculating the contents ol the lake by Dr. Tiarks' survey, (/) the whole does not exceed 125 square miles; whilst, according to the llritish transcript, it contains about five hundred. That Fief is, in the references of the British transcript, stated as being uninterrupt- edly held of the Government of Canada, under the original title, to the present day. Whatis meant by being held of the Government of Canada, at any time since the pro- clamation of 1"C3, and to this day, is not understood. Acts of fealty and homage, and others jjerlair.ing to a feudal tenure, whilst Canada belonged to France, have been ad- duced in evidence. But no evidence, of a date sub.sequcnt to the conquest of Canada by Great Britain, has been adduced, of any act of that nature, or in any way proving that that fief has, subsequent to that event, been held of Canada, according to the com- mon acceptation of that term. 4. A line is delineated on the British transcript, along the river St. John, from its mouth to its most southerly source. This line is stated, in the reference, as the most favorable which Congress thought could be obtained in 1782. Without adverting, in this place, to the expression " most favorable," it will be observed, first, that it is sus- ceptible of proof, that the source intended by Congress was that of the north-westerly inlet of lake Temiscouata, towards the Grand Portage. 2dly. That the most souther- ly source of the river St. Jolin was not known, before the surveys executed under the late commission. 3dly. TJiat, according (o Mitchell's map, the most remote and westerly source of that river which Congress coulil possibly be su])posed to have meant, is that which, in Map A. is designated by the name of West Branch. 5. This is not the place to discuss how far the evidence which has been adduced, may prove that the Madawaska settlement has been subject to the jurisdiction of Great Britain, from its establishment in 1783 to the presentday. The jurisdiction exercised by the Government of New Brunswick over that settlement, at least since it was ascer- tained that it lay west of the line drawn due "orth from the source of the river St. ("f J Sfc lir'.tMi Kvidtnce, Nos. II, 12, and 13. ,'/_/' Topcigrapliical Evidence— Commission Survcyi, No. 15. Cro.x has been cons.dereU by tl.c Government of the United States as an unvvarranta- ^ppendi.. ble encroaehment on the.r rights. It was not to be expected, that their long forbear- — ance on that st.bjcct, the motive for which could not be mistaken, and their not oppos- ^^^^n:Z ing he transmission of the British mail along the valley of the river St. John, would E^d?„??'"'"""' be alluded to, as tending to strengthen the pretended Hritish claim G. The further observation, that this valley affords the only line of communication between Great Bnta.n and the Canadas, through what is called the British territory. . ur.ng S.X months of the year, is utterly irrelevant to the merits of the question though ,t may serve lo explain how it has happened that such a claim as that under f reciprocal advantages and mutual convenience, al n>ay promote and secure to both perpetual peace and harmony; and having f^ 'th desirable end already laid the foundation of peace and reconciliation, by the provisional articles signed at Pans, on the 30th of November. 178.. by the Commissioner, em- powered on each part, which articles were ag. .ed to be inserted in and to constitute the Irealy of Peace propo.,ed to be concluded between the Crown of Great Britain and the said United Stales, but which Treaty was not to be concluded until terms of peace should be agreed upon between Great Britain and France, and his Britannic Ma- jcsly should be ready to conclude such Treaty acconlingly; and the Treaty between .reat Unla.n and France having since been concluded, His Britannic Majesty and the United Stales of America, in order to carry into full effe.t the pr'-visional articles above mentioned, accoi.ling to the tenor thereof, have constituted and appointed, that IS to say, H.s Hnlannic Majesty on his part, David Hartley, Esq. Member of the arliament of Great Britain, and the said United Slates on their part, John Adams !• sq late a Comn,is.sio>.er of the United States of America at the Co .rt of Versailles' .ate Delegate in Consrcss from the State of Ma.SHachusetts, and Chief Justice of the H.nd State, and Minister Plenipotentiary of the said United States to their Ilieh Al.Kh.,ue.sscs the Slates General of the U.ite.l Netherlands; Benjamin Franklin, Esq. late Delegate in Congn-ss from the State of Pennsylvania, President of tha Convention ol the said State, and Minister Plenipotentiary from the United States of America at the Curt of Vers..illes; John Jay, Esq. late President of Congress, and Chief Just'ice of the State of New Vork, and .Minis-cr Plenipotentiary from the said United States at the Court of Madrid, to be the Plenipotentiaries for the concluding an.l signing the present Definitive Treaty ; who, aft«r having reciprocally communicated their re.per- •ive lull j)owers,have agreed upon and confirmed the follcwino; articles: — 4;- lU Jtppendix, No. I. ri-l Abticli I. Hii Britanni.- Mfljenty acknowlodgeg the Mid United Statci, vii. Now Ffamnihire «„T.'„';::'.".1w?;„M'>Machuwlt8llay, Rhode Island and IVovidence Plantation., ConnecHrut, Ne»J iado'rri.,':::;;;' ^°'''' ^ew Jerwy, Pcnnaylvania, Delaware, Maryland, VirKinia, North Carolina, o.«fl...,. T„„y South Carolina, and Georgia, to be free, sovereign and independent Stales; that he' ii-.iriVS.*'"" treats with them as such, and for himself, his heirs and sucrcssors, rclinquishn. all claims to the government, propriety, and territorial right* of the same, and every part thereof. * Abticle II. And that all disputes which might arise in future on the subject qfthe boundaries qfthe said United States iitau be prevented, it in herehy agrrcd and declared, that the following are and shall be their bounuaries, viz: Fr. m the north-west angle qf Nova Scotia, viz: that angle which \njhrmedbya line drawn due north f mm the source Iff St. Croix River to the highlands; along the said highlands which divide those rivers that empty themselves into I he River St. Lawrence from those which full into the Atlantic Ocean, to the north-westernmost Aeat/ of Connecticut River; thence d.. wn along the middle of that river to the forty-fifth degree oY north latitude; from thence by a line due west on said latitude until it strikes the river Iroquois or Cataraquy; thence along the middle of said river into Lake Ontario; through the midi!, nf said Lake until it strikes the communication by water between that Lake and uake Erie; thence along the middle of said communication into Lake Erie, through the' middle of xaid Lake until it arrives at the water communication between that Lake and Lake Huron; thence along the middle of said water communication into the Lake Iluron; thence through the middle of said Lak« to the water communi-' cation between that Lake and Lake Superior; thence through Lake Superior northward of the Isles Royal and Phelipeaux, to the Long Lake; thence through the middle of' said Long Lake and the water communication between it and the Lake of the Woods, tothe said Lake of the Woods; thence thro-igh the said Lake to the most north-west-' ern point thereof; and from thence on a due west course to the River Mississippij thence by a line to be drawn along the middle of the said River Mississippi until it shall intersect the northernmost part of the thirty-first degree of north latitude— South by a lint to be drawn due cast from the determination of the line last mentioned in the latitude of thirty-one degrees north of the equator, to the middle of the River Apalachicola or Catahouche; thence along the middle thereof to its junction with the Flmt River; thence straight to the head of St Mary's River; and thence down along the ia.Me of St. Mary't Pivcr to the Atlantic Ocean-EAsr, Ay « line to be draum along the middle of the River St. Croix, from its mouth in the Bat, of Fundy to Its source, and from its source directly north to the aforesaid highlands which di- VHle the rivers that fall into the Atlantic Ocean from those which fall into the River St. Lawrence; comprehending all islands within twenty leagues of any part of the shore.* of the United States, and lying between lines to be draMNi due cost from the points where the aforesaid boundaries between Nr . ,, Scotia on the one part, and East Florida on the other, shah respectively touch the l!,.y of .undy an.l H-e Atlantic Ocean, excepting such islands as now arc, or hmtofort Iiun ')een, withii, the limit, of the said Province of Nova Scotia. Article III. It is agreed that the people of the United States .shall continue to enjoy unmolested the right to take fish of every kind on the Grand Rank, and on all the other banks of Aewfoundland; also, in the Gulf of St. Lawrence, and at «// oM.r places in the sea, where the inhabitants of both countries used at any time heretofore to fish. And also, that 'lie inhabitants of the United States shall have liberty to take fish of every kind 0.! such part of the coast of Newfoundland as British fishermen shall use, (but not ta Id rtry or cure Ihr umio on lliat fMn.ul,) ond »U on the co•.t^ bay* anil .-rccki of nil .1j,pp„Uu: other of hiit Hriliinnip^InjcMy'».lomiiiion» in Americo; and thiit the American Mwt- ^"- '• men shall have Ijhtrly to dry and euro fi.h in .ny of the untitled bay«, harhor» and T,..,7r^,„„ croeki of Nova Scoti., Mngdilen Uland*. and Labrador, x.) Ioor a.n the tim,^ .hnll r'i'':,V!i";.::,':.: rcmmn unaottltMl; but so soon «« the name, or either of thuin, ohall bo willed, it ahull '""""'■^•"'"' not be InwfMl for ilio Haid fishermen to dry or curefialv at audi scUlcmcnt, without a "'""'"'"T.rii,^ prcvioiia a^r^om<.•nt for that piirpoaa with the inhabitants, proprielorn, or poMcsaors „f '''''!'»"'"ii?i "''* thegroiiiul. Ahtiulk IV. U i» agreed that creditors on either side shall meet with no lawful impediment to Uic r«c«vcry of the full value, in sterling manoy, of all (wnft (Ule debts heretofore con- ti'iictcd. Ahticle v. Ii is agreed Ihnt the Congress shall earnestly n commend it to the Legislatures of tho respective States, to provide for the restitution of all estates, rights and properties which have been confiscated, belonging to real British aulijectsj and also of the es'- tales, rights ami properties of persons resident in districts in the possession of His Majesty's arms, and who have nol borne arms against the said United States- And that prrsonsof any other description shall have free liberty to go to any part or parts of any of the thirteen United States, and therein to remain twelve months unmolested in their endeavours to obtain the restilntion of such of their estates, rights and properties as may have been conliscBlod; and that Congress shall also earnestly recommend to the several Slates, a reconsideration and revision of all arts or laws regarding the pre- mises, so as to render the said laws or acts perfectly consistent, not only with justice and equity, but with that spirit of conciliation which, on the return of the blessings of peace, should universally prevail. And that Congresj shall, also earnestly recom- tneiul to the several States, that the estates, rights and properties, of such last mention- vA persons shall be restored to them, they refunding to any persons who may be now in possession, the bonfi fide price (where any has been given) whicJi such persons may have paid on purchasin|^any of the said lands, rights or properties, since the confis- ualion. And it is agreed that oil persons who have any interest in confiscated lands, either by debts, marriage settlements, or otherwise, shall meet with no. lawful impedimenL in the prosecution of their just rights. Article VL Thai there shall be no future confiscations mu.le, nor any prosecutions commenced :.gu.nst any person or persons for, or by reason of, the part which he or they may have taken in ihe present war, and that no person shall, on that account, sufler any f.i tuie loss or damage, eitlur in his person, liberty or property; and that those who may 1.6 in confinement on such charges, at tho lime of the ratification of the treaty in Ame iica, shall be immediately set at liberty, and the prosecutions so commenced be dis- I'outinued. AnricLB VIL There shall be a firm an.l perpet.ial peace between His Hritannic Majesty and the said States, and between the subjects of the one and the citizens of the other- where- lore all hostilities, both l.y sea and land, shall from henceforth cease. All prisoners on both sides shall he set at liberty, and His Hritannie Majesty shall, with all conve- u.ent speed, an.l without causing any .lestruction, or carrying away any negroes, or other property of the American inhabitants, withdraw all his armies, garrisons and fleets, from the said United States, and from every post, place and harbor, within the v-me; leaving m all fortifications the American artillery that maybe therein- \nd Miall alsoorderandcau.se all archives, records, deeds and papers, liclongingtoany of the 1 ,. i 1 [ ' f; .; 1 f ^1 i i 14 ^ppendir. said States or ,hoir eitizens, which i. ,he co.n.sc of ,l,e war „,av have T .. • hands of his cficers, lo he forthwith restored «>.,! ! . . ? "*"" ""° "^^ ?:S:r-; persons to whon-. they belong. ""' "^^'"""' '" '"" P^P- »•»-' "n.^ lllc I'ulleil Klnlfj aud Great Hiialn. ARTICLE VIII J . Article IX. [I" s.] D. HARTLEY, [i- 9.] JOHN ADAMS, '[I" s.] ]J. FUANKLIN, [l. S.J JOHN JAY. t"l *«lioji, JMh K„ TOBATT OP AMITY, OOMMXaoB AMD KAVlOATI0», BKTWERN HIS DUITANNIC MAJKSTY AND TIIK UNITFI) SIA,,.-« «. T.i«IU PUK.OKM, Wnu T„K AUV... AND ^xj;;^: -^ '^;, j;!; -^^^j-. "V His Hritannic M.njcsty and (he United Stif... «f 4 , . ■icr as, willK.ut reference to the nferi.s of ,1 IT . ?""'" '" "'''' ' "^"• -na, he the best calculated to pro n ; ^ 7 '^"-n'f'V'"" """--"''"'"'• «lso. to regulate the co..erce and nailt^ "::«:: ";:"^"''^^""":«' -"' ritories, and people, in such a manner as to renin ' ' """"'"• "-''• (he following articles :-. "^ ^' " "^'"''^ ""' ''"'^ concludel^ ._ Article I. 15 fl one tliousfliul of Amci' icn; ;iii(l hcMvcen their respective people of eve, ..g.ee, ui.hot.t exc^p^J:!; ^ll^l^l!:'"' ^"'^^' ^°--' -'' ^-..i.. persons or places. ... ., . Article II. evacuation .,„„ ta./e pircIlZbeft^ he S/rr; '" ""^ ''^•" ''^'^'- '^'^'^ clred and ninetj-six, and all the proper Leasurt ht f ill '"'\''r'"' --" f-- bet^vcen the Government of the United sZ» 1.' ''''^' '"''"" ''y*'''"'^"' in An.erica, for settling the pr^vLsarran're .T'v ^ y?'' ''°"^"°^ ^^""«' thcdelivery of the said posts. The UnitedStat „ ' " '"""''"''''' '''''''''^S extending their settlements to any par with n!h ..'"'''" ''""' "' '^'''' ''"«'^"°"' the precincts orj.risdio.ion of Z 7^s^ X^' ^:':^";y '-' ^-P* within the precincts or jurisdiction of the said „n«.! in '^" '"'^ ''"'"'''" ^^'^in liberty to remain there, or to remove with lu ^ ''"" "^ "' <^^" also be free to them to ell their „d,h It T, ""'■' "' ''"^ ^^^'="'' ""'^ '' ^^all of, at their discretion : such o7 Lt;!Ta 'conf i " '° """" ^"^ ^^P^^'^ ''^-- ary lines shall not b. compelled t:ec:e;;:;:;ru\1''^ '''''''' '"""''- any oath of allegiance to the Government thpZfK! u ""* ^"''''' *"■ «^ »»k« «o do. if they think proper, and Z-Tl e '„ " \'' t"" "^ "^ ''"" '"'-'y - year after the evacuition 4resa d A . T. n ' r' "'"'* ''^'=''°" ^^'^f''" «»« the expiration of the sai.l year wiu Jt iL T°." T''" ''"'"' '=°"»'""« 'f'^'^ "fter subjects of His BritannicZ;,; riV^ "f '"''"''""' "^ -"-'"8 citizens of the United Stated •^''■''^ "' *'*^'"S elected to become ,, . , Article III. It .s agreed that it shall at all times be free to hisMnJn,.,.' u- ;'ens of the United States, and also to the Indiln I ^. ^ ' '•'''''' """^ '° '^'^ «='"• boundary line, freely to pass and Cs by a„Tor . ? "" "''" '''' "' "^ -''» live territories andeoultries of rtvX^ ^ ^ t '"r'"' J"'" ^'^ "'''^^- country within the lin.its of the Hudsoa^s By Com n 7 "'"' "' ^•""'■^'^' ('''« g:.te all the lakes, rivers, and waters tTereof fnlT 7 ' """'^''"^'^ ""'' '° "^^i' morce with each other. Uu, it is und ! „" • <»- -^^ '""'' °" '""^' ""'^ '^°'"- -Imission of vessels of the U . tld S.l f' t '" " ''' ''"''' ""' •'''''^"'' »° "- ..r H.M...y. .idter;:-r.rrr;r7:^ ':t:;:^;r?:' saul territories, as aro between the mouth thereof and .), . • u . Majesty's the sea, except in small vessels trading bonr/irC ; "^Z:'^:' ""™ dor such regulations as shall be established to prevent the .1! I 1 . ^ '' ""■ this respect. Nor to the admission of British TslVrom' "^' '""'^ '" .lie United States, beyond the highest ports o e.^trv o f "" '? ""-' '"'" °*' The river Mississippi .hall, how'ever, Tec:: 1.7:^ . : t ^'"orT' '''"^ '"'.^'' "pen to both parties, and it is further agreed th.tallt . , P ' "' ""'""'^'y -lo, to . hi..hsoev.. of the parties hel 'i!^';^ ;^ ''r^"""' '"^ "" "^ •="'-' both parties, in asan.ple a "-nnner as an/of't AUa"iM> tsT ' T' ""' ''>' ^.ates. or any of the ports or places of i^is M^ "' ' Cu^^^ir^ "' ''' '''"" All goods and merchandise whose in.po.tation into Hi. 3 i ' , ■ , , • .\n,er.ca. shall not be entirely prolubite I „,av fre U ' ,, •* "^ " '""' »«"'toiies in '.0 carried into the same in tl e nnn" e ' . ^', " ^'"'^'°"'' "^ ronunerce. -"1 «uch goods and n.ere Idri "l ' ■^' "'^' '-•':'^^""-'- "- United States, would be ,K,yable bv His M ," I . T "" '"''''" "'' "'''' ^"''" ^"- ^ope into thisaid tJrritorie!"!: ^^ Cl ^'r't'' "• '"^ ^^""^ '^^'" '^"' importation into the United Stales shall J, '";,''" ^""'''^ ^'"<' '"erchandi.se whose purposes of eenwnerce, be ar 1 3m: ^ f '"•"""^"•'""'.->- ^-'y. for tl. •mo tm.,,ame, in the maimer aforesaid, by His ^L,. No. 1. TrinllM niirt Co-: vt'niiniia beiwi-rn 111" riilicil Rmui ajitt Unnl Mrllnin. Trciilj-fiiTonj- •"Mro uiiil Nan- trnlinii, Mil, fin Vfiuljer, iriM. ,i-i 'P' n n Wti m m ,]ppmdix. jest) '» suLjtcts, and such goods and meicliandise shall be subject to no higher or oilier _^- duties, than would be payable by the citizens of the United States on the impoitatio:i Tenuon,' M,J^:,i "'^ "'^ ^"""^ '" American vessels into the Atlantic ports of the said States. And all "i'dcr^rBm;;!™ 8°°'^'' "°^ prohibited to be exported from ihe said territories, respectively, may, in lik.' TitaiT^rcn,. •""'"ler, be carried out of the same by the Hvo parties rcspeclively, i)ayinjr duly a- gallon, iDih No- "'"resaia. v.„,tK.r.i794. No duty of entry shall ever be levied by cither parly on peltries brought by land or inland navigation into the said lorritories respectively, nor shall the Indiana, passinj: or repassing with their own proper goods and effects, of whatever nature, pay for Iho same any impost or duty whatever. But goods in bales, or other large (jaekages, un- usual among Indians, shall not be considered as goods belonging bonfi fide to Indians. No higher or other tolls or rates of ferriage than what are or shall be payable by natives, shall be demanded on either side; and no duties shall be payable on any goods which shall be merely carried over any of the portages or carrying places on either side, for the purpose of being immediately reimbarked and carried to some other place or places. But as, by this stipulation, it is only meant to secure to each party h free passage across the portages on both sides, it is agreed that this exemption from duty shall extend only to such goods as are carried in the usual and direct road acro.*9 the portage, and are not attempted to be in any manner sold or exchanged during their passage across the same, and proper regulations may be established to prevent the pos- sibility of any frauds in this respect. As this article is intended to render, in a great degree, the local advantages of each party common to both, and thereby to promote a disposition favorable to friendship and good neighborhood, it is agreed, that the respective Governments will mulu.illy promote this amicable intercourse, by causing speedy and impartial justice to be done i-nd necessary protection to be extended to all who may be concerned therei.n. Article IV. Whereas it is uncertain whether the river Missis.sippi extends so f.r to the -orth ward as to be intersected by a line to be drawn due west from the Lake of the Woods HI the manner mentioned .,. the treaty of peace between His Majesty and the United" Slates, It IS agreed, that measures shall be taken in concert between His Majesty 's fJ , vernment in America, and the Government of the United States, for making a juirt -survey of the said river, from one degree of latitude below the falls of St \nti,onv to the principal source or sources of the said river, and also of the parts aJiu-tn't thereto; and that if, on the result of such survey, it should appear that ihc .aid river ivould not be interseeled by such a line as is above mentioned, the two parlies will thereupon proceed, by amicable negotiation, to regulate the bounrlarv line in that on ,r ter, as well as all other points to Ih.> adjusted between the said parties"; according to jus 1;cc and mutual convenience, and in conformity to the intent of the .said treaty. Article V. Whereas doubts have arisen what river was truly intended under the nameof ihcKiv, r St. Croix, mentioned m the said treaty of peace, an.l {otiu\,^^ a part of the bound.iv therein describe.l, that question shall be referred to the final decision of Commissio [ UTn to be appointed in the following manner, viz: One Commissioner shall be named by His Majesty, and one by the President of the - Lnited States, by and with the advice and consent of the Senate thereof, and the snid two Conimissioners shall agree on the choice of a third; or, if they cannot so agree hey shall each propose one person, and of the two names so proposc-.l, one shall bJ drawn by lot in the presence of the two original Commissioners. And the three Com missioners so appointed, shall be sworn impartially to examine and decid.- the said (lucstion, aecord.ng to such evidence as shall respectively be laid before ilirm on the 17 Ellet'af h' Pf """"TuTu ""' "' '••' ^"'"' '**'«"• '^''^^ -''• Commissioners ^ppenclia. shall meet at Halifax, and shall have power to adjourn to such other place or places as ^o- »• they shall thmk fit. They shall have power to appoint a Secretary and to emn ov auch Surveyors or other persons as they shall judge nLessarv S s.'id r„!^ -^ -""" --- prs shall hv o .io«i..,o.- 1 I . . . J""6'= '"'•-'-''sa'^y- ' "e Said Lommission- the uniici siatM ers shall, by a declaration under their hands and seals, decide what river is the River-"'!^""-"- tJ; ^JT ^ /n "'"''^- '^^' '"'' cleclaration shall contain a description of 0,.^^.^^^??!: the said river and shall particularize the latitude and longitude of its mouth and of its ?»,. \^''- source. Duplicates of this declaration, and of the statements of their accounts, and of he journal of then- proceedings, shall be delivered by them to the agent of His Majes- y and to ,he agent of the United States, who may be respectively appointed and au- thorized to manage the business on behalf of the respec.ive Governments. And both paries agree to consider such decision as final and conclusive, so as that the same shall never thereafter be called into question, or made the subject of disput^ or dS ence between them . r"-* ui umcr Article VI. Whereas it is alleged by divers British merchants and others, His Majesty's sub- jccts, thu debts to a considerable amount, which were bonS fide contracted before the peace sti 1 remain owing ,o them by citizens or inhabitants of the United States; and that, by the operation 01 various lawful impediments since the peace, not only the fu recovery of ,he said debts has been delayed, but also the value and security thereo have been, in several .nstances. impaired and lessened, so that by the ordinafv cou se of judicial proceedings, the British creditors cannot now ob.ain, and actually have and receive, full and adequate compensation for the losses and damages which they have hereby sustained: it is agi^ed. that in all such cases, where full compensation for such los^s and damages cannot, for whatever reason, be actually obtained, had and r eived by thesai creditors, in the ordinary course of justice, the United sLtes wil Ik fu l' and complete compensation for the same to the said creditors: but it is d is 1^11 v un ers 00 that this provision i^s to extend to such losses only as have b en tcasi' neci by the lawfu impediments aforesaid, and is not to extend to losses occasioned by su!h insolvency o the debtors, orother causes, as would equally have operated t pro uce such loss, If the said impediments had not existed; nor to such losses or damages as have been occasioned by the manifest .lelay or negligence, or wilful omission of th olaimant. For the purpose of ascertaining .he amount of any such losses or damages, five Commissioners shall be appointed, and authorised to meet and act in manner follow- ing viz: Two oi them shall be appointed by His Majesty, two of them by the Presi- de of lie United States, by and with the advice and consent of the Senate therToI and the fifth by the unanimous voice of the other four; and, if they should not agree in such choice, then the Co.n.nis.ioncrs named by the two parties shall, respectively, pro- pose one person and of the two names so proposed, one shall be drawn by lot in the ;iTrr, II ;' r "''!"' ^"■"'"'-'— ^^Hen the fiveCommissionrs thus ap: pouted shall first meel, they shall, b.fore they proceed to aC, respectively take the following oa.h or alTirmntiun. in the presence of each other, which ath or aflirmat o b„g so ta en and duly aucs-ed, shall be entered on the record of their proceedings the" trLtv of f t.om,n..ss.oners appointed in pursuance of the Sixth Article o t e eaty 01 amity commerce, and navigation, between His Britannic Majesty and tl e I ni ed St.i.es o America, do solemnly swear, (or aflirm.) that I will ion stly. diligently, impartially, and carefully examine, and to the be of my judgn.er ac cording tojustice and equity, decide all such compl„i„ts as under the ai In hi , be preferred to the said Commissioners; and that 1 will forbear to act as a Com sione in any case in which I may be personally interested. Three of the said Commissioneisshall constitute a Board, and shall have power to do any act appertaining to the said commission, provided that one of the Com'mislne'^ ' h' ■r^ I he i anil G inerrc mul pHri littii vtfiiiUery 17m. 18 .ippenilix. named on each side, and the fifth Commissioner shall he present; and all decisions s'''""" be made by the majority of the voices of the Commissioners then present. Sn^Mw™; ^'*'''''^'^" months from the day on whicii the said Commissioners shall form a Hoard, i'Jm B^Ii!;,! ""'^ ^^ '"''^''^' '° P''oc«cd to business, are assigned for receivinir complaints and appli- TrfnTT^rio,,,. '■'•''""'S IJ"' ru)iKr, 17W. respective people, in the manner, under the limitations, and on the conditions specified in the following articles. Article XII. His Majesty consents that it shall and may be lawful during the time hereinafter limited, for the citizens of the United States to cairy to any of His Majesty's Islands and ports in the West Indies, from the United States, in their own vessels, not being above the burthen of seventy tons, any goods or merchandises, being of the growth, manufacture, or produce of the said States, which it is or may be lawful to carry to the said islands or ports, from the said Stales, in British vessels; and that the said American vessels shall be subject there, to no other or higher tonnage duties or chaige.i than shall be payable by British vessels in the ports of the United Stales; and that the cargoes of the said American vessels shall be subject there, to no other or higher duties or charges than shall be payable on the like articles if imported there from the said Stales in British vessels. And His Majesty also consents, that it shall be lawful for tlie said American citizens to purchase, load, and carry away in their said vessels, to the United Stales, from the said islands and ports, all such articles, being of the growth, manufacture, or produce of the said islands, as may now, by law, be carried from thence to the said States in British vessels, and subject only to the same duties and charges on exportation, to which British vessels and their cargoes are, or shall be subject, in similar circumstances. Provided, always, that the said American vessels do carry and land their cargoes in the United States only, it being expressly agreed and declared, that during the con- tinuance of this article, the United States will prohibit and restrain the carrying any molasses, sugar, coffee, cocoa or cotton, in American vessels, either from His Majes- ty's Islands, or from the United States to any part of the world, except the United States reasonable sea stores excepted. Provided, also, that it shall and may be law- ful, during the same period, for British vessels to import from the said islands into the United States, and to export from the United States to the said islands, all arliclea. whatever, being of the growth, produce, or manufacture of the said islands, or of the United States respectively, which now may, by the laws of the said Slates, be so im- ported and exported. And that the cargoes of the said British vessels shall be sub- ject to no other or higher duties or charges than shall be payable on the same articles, if 80 imported or exported in American vessels. It is agreed, that this article and every matter and thing therein contained, shall con- tinue to be in force during the continuance of the war in which His Majesty is now engaged; and, also, for two years from and after the day of the signature of the pre- liminary or other articles of peace, by which the same may be terminated. And it is further agreed that, at the expiration of the said term, the two Contract- ing Parties will endeavor to regulate their commerce in this respect, according to the situation in which His Majesty may then find himself, with respect to the West Indies and with a view to such arrangements as may best conduce to the mutual ad- vantage and extension of commerce. And the said parties will then also renew their discussions, and endeavor to agree, whether in any, and what, cases neutral vessels shall protect enemy's property; and in what cases provisions and other articles, not gene- rally contraband, may become such. But, in the mean time, their conduct towards each other in these respects, shall be regulated by the articles hereinafter inserted on those subjects. Wi 8i count of na- rican citizens Ics, from the es, be so ini- Articib XIII. His Majesty conrents that the vessels belonging to the citizens of the United States of America, shall be admitted and hospitably received, in all the seaports and har- bors of the British territories in the East Indies. And that the citizens of the said United Stales may freely carry on a trade between the said territories and the said United States, in all articles of xvhich the importation or exportation, respectively, to or from the said territories, shall not be entirely prohibited. Provided, only, that it shall not be lawful for them in any time of war between the British Government and any other Power or State whatever, to export from the said territories, without the special permission of the British Government there, any military stores, or naval stores, or rice. The citizens of the United States shall pay for their vessels, when admitted into the said ports, no other or higher tonnage duty than shall be pnyable on British vessels when admitted into the ports of the United States. And they shall pay no other or higher duties or charges on the importation or exportation of the cargoes of the said vessels, than shall be payable on the same articles when imported or exported in British vessels. But it is expressly agreed, that the vessels of the United States shall not carry any of the articles exported by them from the said British territories, to any port or place, except to some port or place in America, where the same shall be unladen, and such regulations shall be adopted by both parties as shall, from time to time, be found necessary to enforce the due and faithful observance of this stipulation. It is also understood, that the permission granted by this article, is not to extend to allow the vessels of the United States to carry on any part of the coasting trade of the said British territories; but vessels going with their original cargoes, or part thereof, from one port of discharge to another, are not to be considered as carrying on tho coasting trade. Neither is this article to be construed to allow the citizens of the said Stales, to settle or reside within the said territories, or to go into the interior parts thereof, without the permission of the British Government established there; and if any transgression, should be attempted against the regulations of the British Govern- ment in this respect, the observance of the same shall and may be enforced against the citizens of America, in the same manner as against British subjecta, or others trans- gressing the same rule. And the citizens of the United States, whenever they arrive in any port or harbor in the said territories, or if they should be permitted, in manr ner aforesaid, to go to any other place therein, shall always be subject to the laws, go- vernment, and jurisdiction, of whatever nature established in such harbor, port or place, acc" ding as the same may be. The citizens of the United States may also touch for refreshment at the Island of St. Helena, but subject in all re.spects to such regulations as the British Government may, from time to time, establish there. Article XIV. There shall be between all the dominions of His Majesty in Europe, and the terri- tories of the United States, a reciprocal and perfect liberty of commerce and navjg.v tion. 'J'he people and inhabitants of the two countries, respectively, shall have liberty, freely and securely, and without hinderance and molestation, to come with their, ships and cargoes to the lands, countries, cities, ports, places, and rivers, within the domin- ions and territories aforesaid, to enter into the same, to resort there, and to remain and reside there, without any limitation of time. Also, to hire and possess houses and warehouses for the purposes of tiicir commerce, and, generally, the meichants and traders on each side shall enjoy the must ct/npleto protection and security for their commerce, but subject always, as to what respects this article, to the laws and statutes of the two countries respectively. A»Tici.E XV. It is agreed, that no other or higher duties shall be paid by the ships or merchan- dise of the one parly in the ports of the other, than such as arc paid by the like ves- .^ppendix: No. 1. TrealjpH nnd Con. veritinnR bclwRen the Uiillcd SiaiM niiilUrtiulBiiulii. Tri'iily r any articles )t equally ex- on American to that which such duty as e importation in liritish or duties on tlie may be most I be made at irticlc of this 9 agreed, that 1 British ves- ie on the im- t Consuls for 3aid: and the by reason of c usual forms y declared to s the laws or tvs will reach ligningtothe :h particular , on just .. y any of th ) the nearest nd on board rize, and the iment. And deciding the , or recov cry ners of such it is agreed, cnts serving irs, petards, , bandoliers, >crts, lances, iplements of war cord ; as also, timber for ship building, tar or rosin, copper in sheets, sails, hemp and Jlppendias luge, and, generally, whatever may serve directly to the equipment of vessels, un- ^"- '' wrought iron and fir planks only excepted; and all the above articles arc hereby «='' "f 'ho said parties, shall bo seized, as far as they can bo discover- JS^frm/imi.'^Nn- cJ. an THE LNITEU STATES OF AMEItlCA. Trfaiy iweeii the Unifod HiaU'H Article IX anJCreat Urlmln. The United States of America engage to put an end, immediately after the ratifica- nnd'S;:;^;: tion of the present treaty, tb hostilities with all the tribes or nations of Indians with ''^""'"- ''"• whom they may be at war at the time of such ratification, and forthwith to restore to such tribes or nations, respectively, all the possessions, rights, and privileges, which they may have enjoyed, or been entitled to, in one thousand eight hundred and eleven, previous to such hostilities. Provu/ed, always, That such tribes or nations shall agree to desist from all hostilities against the United States of America, their citizens, and subjects, upon the ratification of the present treaty being notified to such tribes or nations, and shall so desist accordingly. And His Britannic Majesty engages, on hi* part, to put an end, immediately after the ratification of the present treaty, to hostili- ties with all the tribes or nations of Indians with whom he may be at war at the time of such ratification. >nd forthwith to restore to such tribes or nations, respectively, all he possessions, rights and privileges, which they may have enjoyed, or been enti- tied to, .n one thousand eight hundred and eleven, previous to such hostilities: Pro- Zf:^1ri\ m'' "■''" '' ""'""" *'''" "^'^^ *° ^'''''' f™- «>» ''o^tilities against His Britannic Majesty, and his subjects, upon the ratification of the present treaty being notified to such tribes or nations, and shall so desist accordingly. Article X. Whereas the traffic in slaves is irreconcilable with the principles of humanity and justice, and whereas both His Majesty and the United States jare desirous of continu. mg their efforts to promote its entire abolition, it is hereby agreed, that both the Con- tracting Parties shall use their best endeavors to accomplish so desirable an object. Article XI. This treaty, when the same shall have been ratified on both sides, without altera- tion by either of the Contracting Parties, and the ratifications mutually exchanged, shall be binding on both parties; and the ratifications shall be exchanged at Washing! ington, m the space of four months from this day, or sooner, if practicable. In faith whereof, we, the respective Plenipotentiaries, have signed this treaty, and nave thereunto affixed our seals. Done in triplicate, at Ghent, the twenty-fourth day of December, one thousand eight hundred and fourteen. [l.s.] GAMBIER, [L.S.] HENRY GOULBURN, [L.8.] WILLIAM ADAMS, [L.S.] JOHN QUINCY ADAMS, [L.s.] J. A. BAYARD, [L.S.] H. CLAY, [L.8.] JONATHAN RUSSELL, [i..a.] ALBERT GALLATIN. ^ If ;1 r m n Apptndix. No. 1. 32 OONVENTXOir m vcmUStowmiBRTWKEN THB UNITED STATES OF AMERICA AND IllS MAJESTY THE KING OF rHh MdCr"e'ii''Briut;i! ^'^''TKi) KINGDOM OF GREAT BRITAIN AND IRELAND, CONCLUDED AT LONDON Arhlir'^nron- "'^ ^ ""^ TWENTYNINTH OF SEPTEMDEH, 1827. venllon, aiihSi'ii- Whereas ii is providei' by the fifth article of the Treaty of Ghent, that in case the Commissioners appointed under that article for the settlement of the houndary line thc-ein described, should not be able to agree upon such boundary line, the report or reports of those Commissioners, stating the points on which they had differed, should bo submitted to some friendly Sovereign or State, and that the decision given by such Sovereign or State, on such points of difference, should be considered by the Contract- ing Parties as final and conclusive: That case having now arisen, and it having there- fore become expedient to proceed to, and regulate the reference, as above described the United States of America and His Majesty the King of the United Kingdom of Great Britain and Ireland, have, for that purj)ose, named their Plenipotentiaries: that is to say, the President of the United Slates has appointed Albert Gallatin, their En- voy Extraordinary and Minister Plenipotentiary at the Court of Mis Uritannie Ma- jesty, and his said Majesty, on his part, has appointed the Right Honorable Charles Grant, a Member of Parliament, a Member of his said Majesty's Most Honorable Privy Council, and President of the Committee of the Privy Council for Affairs of Trade and Foreign Plantations, and Henry Unuin Addington, Esquire, who, after having exchanged their respective full powers, found to be in due and proper form,, have agreed to and concluded the following articles: — Article I. Il is agreed that the points of difference which have arisen in the settlement of the boundary between the American and British dominion?, as described in the fifth article of the Treaty of Ghent, shall be referred, as therein provided, to some friendly Sovereign or State, who shall be invited to investigate, and make a decision upon, such points of difference. The two Contracting Powers engage to proceed in concert, to the choice of sucU friendly Sovereign or State, as soon as the ratifications of this Convention shall have been exchanged, and to use their best endeavors to obtain a decision, if practicable, within two years after the arbiter shall have signified his consent to act as such. Abticle n. The reports and documents thereunto annexed, of the Commissioners appointed to carry into execution the fifth article of the Treaty ol Ghent, being so voluminous and complicated as to rcnde, it improbable that any Sovereign or State should be willing or able to undertake the offite of investigating, and arbitrating upon them, it is hereby agreed to substitute for those reports, new and separate statements of the respective cases, severally drawn up by each of the Contracting Parties, in such form and terms as each may think fit. The said statements, when prepared, shall be mutually communicated to each other by the Contracting Parties; that is to say, by the United States to His Britannic Ma- jesty s Minister or Charg6 d'Affaircs at Washington, and by Great Britain to the Minister or Charg6 d'Anaires of the United Slates at London, within fifteen month, alter the exchange of the ratifications of the present Convention. After such communication shall have taken place, each party shall have the powe- of drawing up a second and definitive statement, if it thinks fit so to do, in reply to the statement of the other party so communicated, which definitive statements shall also be mutually oommunicated in the same manner as aforesaid to each other, by thr 93 Contractine Parties, within twenty-one- months after the exchange of ratifications of Jlppendxn " No. 1. the present Convention. . Article III. Trcmii" nmi ron- vriilloiis bilwiiii Each of the Contracting Parties shall, within nine months after the exchange of rati- •J;,;',';;|J';|,f;,»;;,;;' fications of this Convention, communicate to the oihcr, in the same manner as afore- ^,|,„,-;;;;;,„,,„rt. said, all the cvitlenoe intended to he brought in support of its claim, beyond that v.;m|;;.«;;j>»'i^ which is contained in the reports of the Commissioners or papers thereunto annexed, and other written documents laid bcfere the commission under the fifth article of the Treaty of Ghent. Each of the Contracting Parties shall be bound,on the application of the other party, made within six months after the exchange of the ratifications of this Convention, to give authentic copies of such individually specified acts of a public nature, lelatingto the territory in question, intended to be laid as evidence before the arbiter, as have been issued under the authority, or are in the exclusive possession, of each party. No maps, surveys, or topographical evidence, of any description, shall be adduced by either party beyohd that whicli is hereinafter stipulated, nor shall any fresh evi- dence of any description be adduced or adverted to by either party, other than that mutually communicated or applied for as aforesaid. Each party shall have full power to incorporate in, or annex to, either its iirst or second statement, any portion of the reports of the Commissioners or papers thereun- to annexe«l, and other written documents laid before the coininission under the fifth article of the Treaty of Ghent, or of the other evidence mutually communicated or applied for, as above provided, which it may think liu Article IV. The map called Mitchell's Map, by which the fiamers of the treaty of 17S3 are ac- knowledged to have regulated their joint and official proceedings, and the Map A, which has been agreed on by the Contracting Parties, as a delineation of tiie water- courses, and of the boundary lines in reference to the said water-courses, as contended for by each party respectively, and which has accordingly been signed by the above named Plenipotentiaries at the same time with this Convention, shall be annexed to the statements of the Contracting Parties, and be the only maps that shii 1 )e consider- ed:as evidence, mutually acknowledged by the Contracting Parties, of the topography of the country. It shall, however, be lawful for either party to annex to its respective first state- ment, for the purposes of general illustration, any of the maps, surveys, or topogra- phical delineations which were filed with the Commissioners under the fifth article of the Treaty of Ghent, any engraved map heretofore pui)iished, and also a transcript of the above mentioned Map A, or of a section thereof, in which transcript each party may lay down the highlands or other fiatures of the country as it shall think fit; the water-courses, and the boundary lines, as claimed by each party, remaining as laid down in the said Map A. But this transcript, as well as all the other maps, surveys, or to[)ographical delinea- tions, other than the Map A, and iMitchcll's Map, intended to be thus annexed, by cither parly, to the respective statements, shall l)e communicated to the other parly, in the same manner as aforesaid, within nine months after the exchange of the ratilioa- tionsof ihisConvention, and ■'hall bo sulyect to sm-h objections and observations as the other Contracting Party may deem it expedient to make thereto, and shall annex to his first statement, either in the margin of such transcript, map or maps, or otheiwise. Article V. All the statements, papers, maps and documents above-mentioned, and which shall have been mutually cominunieatcd as aforesaid, shall, without any addition, subtrac- \m IN!- tf 34 .'Jj^^enJia: J'-. «"• alteration whatsoever, be jointly and ,,in,uItaneousIy delivered in to the rbi veniLNH iKivvi™ . . ' """-" "'o aroiter should not, within that t me. havn pnr><.nn<<..i . Z^^\^^'^' '" ^'""h ease, all tlu, said statements, paper,,, maps Tnd dZZ t . ?' T ...Tli^..,.,,. '«=f°- him within si, months after the time when ^e Thai have o„ .' f ""* v.ni.o„,a;thScp. No other sfaffmpn*. r,o„„- ■ "*^^ consented ao to act '■■■"■ ■"' „ j;l retiriZL""^ " """"'""• """ "■" "" "■" '»"" •>- """". Ahticle VI. Ihe aid .rbiler, bg( no fonh, I '""'"?. '° ""^ '?«»'«= q»«i»» ."bmi.lod by joint expense of the Contracting Partis, ^.i h„ • i " ^ ' ''^ '"*'**' *' ""^ voniraciing Parties,, and be considered as conclusive by them. . Ahticlx vir. for that purpose by the Contracting Partes ^ Commissioners appointed „.. _ Article Vlir. .liiirrr;:;^^::;^ i^;:;r^-- -«chan,d,in.. Pone at London the twenty-ninth day of Septembe;, in the year of our Lord one thousand eight hundred and twenty-seven. [t- 8.] ALBERT GALLATIN [1. s.J CHARLES GRANT [t. 8] HENRY UAWIN ADDINGTON APPENDIX No. II. DBCLARATIOX OF THE COMMISSIONERS THE FIFTH ARTICLE OF THE TREATY OF ITOJ, ■ EWKCTI.XU TUX TRUE RIVER SAINT CR(HX, 2STH OCTOBER, ir98;— AND Decision ofth^ Commissioners under the Fourth Article of the Treaty of Ghent respecting tho Islands in the Bay of Passumuquoddy, 34//, November , 1 M 7. Deciahation of the Commissioners under the Fifth Articleof the Treaty of. 1794 Appendix between the United States and Great Britain, respecting the true River St Croix' ^-^ by 1 homas Harolay, David Howell, and Egbert Benson, Commissioners appointed !..;;::;;„„„, .n pursuance of the 5th Article of the Treaty of Amity. Commerce and Navigation &Z? between H., Bntann.c Majesty and the United States of America, finally to decide 'Sl'^'^^l'X" hequesfon, <. What R.ver was truly intended under the name of the River Saint o...-;^o„ „. "Cro:x, mentioned m the Treaty of Peace between. His Majesty and the United '™*"'' '''""•"' "Slates, and forming a part of the boundary therein described." DECLARATION. We, the said Commissioners, having been s*, orn « impartially to.cxamine and de- culethe said question, according to such evidence as should respectively be laid be- « fore us, on the part of the British Government, and of the United States," and havinc heard the evidence which has been laid before us, by the agent of His Majesty a«d the agent of the United States, respectively, appointed and authorised to manage tho business on behalf of the respective Governments, have decidotl, and hereby dodecide the River, hereinafter particularly described and mentioned, t,v be the River truly in' tended under the name of the River Saint Croix, in the said Treaty of Peace and forming a part of the boundary therein described; that is to say, the mouth of the' said River IS in Passamaquoddy Bay, at a point of laml called Joe's Point, about one mile northward from the northern part of Saint Andrew's Island, and in tho latitude of forty.lue degreesfive minutes and five seconds north, and in the longitude of sixty- sevea degrees twelve minutes and thirty seconds west, from the Royal Observatory at Greenwich, in Great Britain, and three degrees fifty-four minutes and fifteen seconds east from Harvard College, in the University of Cambridge, in the State of Massachu- setts, and the course of the said river up from its said mouth, is northerly to a point of land called the Devil's Head, then turning tlie said point, is westerly to where it di- vides into two streams, the one coming from the westward, and the other coming from Uie northward, having the Indian name of Chcputnatecook or Chibuitcook, as tho ae i:m Jlppendix, same may "le variously »pclt, Ihen up (he said Mrenm, no comintc Trom (he noHhwonl ^"' *• (0 its source, which is nt a slake near a Yellow Hirch Tree, hooped wilh iron, and Dtdnniirm anil marked S. T. and I. H. 1797, uy Sajnuel Titcomb and John Harris, the Suryeyors (•i.mn,'i-.«i"ii.'i- '' employed to survey the above-mentioned stream, coming from the northward. And uf miiimtiMu. the said Kiver is designated on the Map hereunto annexed, and IxTcby referred to as DirinrnM.m nn farther dcscriptivo of it, by the letters A 11 C D E F G H 1 K and L, the letter iliT itie 'IVfaly ol ... A bein^ nt its paid mouth, nnd the letter L being at its said source; hnd the course and distance of the said source from the Island, at the confluence of the above-mention- ed two streams, is, as laid down on the same Map, north five degrees and about finccn minutes west, by the magnet, and about forty-eight miles and one quarter. In testimony whereof, we have hereunto set our hands and seals, at Providence, ia the Slate of Rhode Island, the twenty-fifth day of October, in the year one thousand seven hundred and ninety-eight [L. s.] THOMAS BARCLAY, [L. 8.] DAVID HOWELL, [L. s.] EGBERT BENSON. Witness, Ed. Winslow, Secretary to the Commissioners. DECISION OF the: COMMISSIONERS FOURTH ARTICLE OF THE TREATY OP GHENT, ■ MPICTIHe TBI mi&MXM nr tbb bat or pjumaxcaquosdt, 24TH NOVEMBER. 1817. W i ' K m Ueclfinn of itie I 'oiiimii^BUmere under tile Treaty of 11^14. Extract from the Journal of the Commissioners, tinder the Fourth Article of the Treaty qf Ghent. CiTr OF Nkw-Yohk, Momdat, 24th Novembeb, 1817. The Board met this day, pursuant to adjournment. The Commissioners having agreed upon the matters referred to them, executed their Decision thereupon in quadruplicate, in the words mid manner following, viz: By Thomas Barclay and John Holmes, Esquires, Commissioners appointed by virtue of the fourth article of the Treaty of Peace and Amity, between His Britannic Majesty and the United States of America, concluded at Ghent, on the twenty-fourth day of December, one thousand eight hundred and fourteen, to decide to which of the two Contracting Parties to the said Treaty, the several Islands in the Bay of Pa8.w Rriiniinirk, GrectiniC Will Ai.gu*l, 1-W. UT . Wee reposing especial trust nnd confidence in the prudence conrapc and loyalty of you the said Thomas Carleton of ouresjiccial grace certain knowledge and mere motion have thought fit to constitute and appoint you the said Thomas Carleton to be our Captain General and Governor in Chief of our provir ce of New Brunswick bounded on the westwaiid by the jnouth of the River Saint Croix by the said River to its source and sr a line drawn due north from thence to the southern boundary or our province of Quebec to the northward by the SAID boundary as FAB AS THE WESTERN EXTREMITY OF THE BAT DIS CHA- LEURs to the eastward by the said Bay and the Gulf of St. Laiarence, to the bay called Bay Verte to the south by a line in the center of the Bay of Fundy from the river Saint Croix aforesaid to the mouth of the Musquat River by the said River to its source and from thence by a due east line across the Isthmus into the Bay f'erte to join the eastern line above described including all islands tvithin six leagues of the coast with all the rights members and appurtenances whatsoever thereunto belonging and wee do hereby icquire and command you to do and execute all things in due manner that shall belong unto your said command and the trust wee have reposed in you according to the several powers and authorities granted or appointed you by the present commission and instructions herewith given you or by such further powers instructions and authorities as shall at any time hereafter be granted or appointed you under our signet and sign manual or by our order in our privy council and according to such reasonable laws and statutes as shall hereafter be made or agreed upon by you with the advice and consent of our council and the assembly of our said province under your government when such assembly shall be called in such manner and form as is hereafter expressed and our will and pleasure is that you the said Thomas Carle- ton after the publication of these our letters patent do take the oaths appointed to be taken by an act passed in the first year of the reign of King George the First inti- tuled "An act for the belter security of His Majesty's person and government and the succession of the crown in the heirs of the late Princess Sophia being protestants and for extinguishing the ho|)c» of the ])retended Prince of Wales, and his open and secret abettors" as altered and explained by an act passed in the sixth year of our reign intituled « An act for altering the oath of abjuration and the assurance and for 3» imen(lin(( lo much of an act of tho seventh year of her lalo Majesty <|iiccn Anno tl/ipendix.. intituled • An act for the improvement of ihe union of the two kingdom* us after the ^"' '^' time therein limited requires the delivery of certain lists and copies therein mentioned ciiminixinn nt to persons indicted of ni);n trcnson or mlsprl^oll ol trciison ns also that you makcii> iMxirnnr oi' and siihsenbe the declaration mentioned in an act ol rarliament made in the twenty- iniii ,\>j|UNt, ithi. fifih year of the reign of King Charles the Second intituled " An act for preventing rs which may happen from pcijiish recusants" and likewise that you lake tlie usual oath for the due execution of the ollice and trust of our Cijitain (Icneral and Governor in Chief of our said province for tlit; due and impartial ndminislratiun of justice and further that jou take the oath required to be taken by Governors of Plantations to do their utmost that the .several law.s relating to trade and the planta- tions be observed alJ which snid oaths and declaration our council in our said |)ro- vince or any five of tbe members thereof have hereby full power and authority and ure required to tender and administer unto you and in your absence to our Lieutenant Governor if there ho any u|)on the place all which being duly ijerl'ormed you shall administer unto each of the members of our said council as also to our Lieutenant Governor if there be any upon the place the said oaths mentioned in the .'<;iid first re- cited act of Parliament altered as above as also cau.'ereafler be granted or appointed you under our signet and sign manual or by our order in our privy council And our will and pleasure is that the persons thereupon duly elected by the major part of the freeholders of the respective counties and places and so returned shall before their sitting take the oaths mentioned in the first recited act of Parliament altered as above as also make and subscribe the aforementioned declaration which oaths and declarations you shall conimissionate fit persons under our .seal of New Hrunswick to tender and administer unto them and until the same shall be so taken and sub-xcribcd no person sliall be capable of sitting though elected And wee do hereby declare that the persons so elected and qualified shall be called and deemed tlie General Assembly of that our province of New Brunswick And that you tho sailaces and for the clearing of truth injudicial causes And wee do hereby give and grant unto you full power and authority where you shall sec cause or shall judge any offender or offenders in criminal matters or for any fines or forfeitures due unto us fit objects of our mercy to pardon all such offenders and to re- m.t all such offences fines and forfeitures treasons and wilful murder only excepted m which uses [cases] you shall likewise have power upon extraordinary occasions to grant reprieves to the offenders until and to the intent our royal pleasure may be known therein And whereas it belongeth to us in right of our royal prerogative to have the custody of Idiots and their estates and to take the profits tliereof to our own use finding them necessaries and also to provide for the custody of Lunaticks and their estates without taking the profits thereof to our own use And whereas, while such Idiots and Lunaticks and their estates remain under our immediate care great trouble and charges may arise to such as shall have occasion to resort unto us for directions re- 41 upccting «ueh Idiot* and Lunatickii and llioir 'itatc* and coiwidcring that writs of in- Appendix. fjuiry of IdioU and Liinaticks are to iMiit: ont of onr wvcnil Courts of Chancery as well ^o. 3. in our Provincea in America aa within thia our Kingdom roapeclivdy and the inqui- r.„'i^„., „r aitions thereupon taken are returnable in those Courts we have thouuhl fit to en- l^'n"lw.T"; truat you with the care and commitment of tlie > u»lody of the aaid Ijiota and Lunaticka wTASiilTw'. and their eatatcs And wee do by thoao prcscnta give and giant unto you full power and authority without expecting any further epccisl warrant from u» from time to lime to give order and warrant for the preparing of granta of the custodies of such Idiots and Lunaticka and tlieir estates as are or ahail bo found hy inquisition thereof taken or to be taken and returnable into our Court of Chancery and thereupon to make and pass grants and commitments under our Groat Seal of our I'rovinco of New Brunswick of the custodies of all and every such Idiots and Lunaticka and their es- tates to such person or persona suitors in that behalf as according to the rules of law and the use and practice in thow and the like cases you shall judge meet for that trust the said grants and commitments to be made in as manner and form or as nearly as may bo as hath been heretofore used and accustomed in making the same under the Great Seal of Great Uritain and to contain such apt and convenient covenants provisions and agreements on the part of the committees and grantees to be performed and such security to bo by them given as shall be requisite and needful Wee do by these pre- sents authorize and empower you to collate any person or persons to any churches chapels or other ecclesiastical benefices within our said Province as often as any of them shall happen to be void And we do hereby give and grant unto you the said Thomas Catlcton by yourself or by your captains and commanders by you to be au- thorized full power and authority to levy arm muster command and employ all persons whatsoever residing within our said province and as occasion shall serve to march from one place to another or to embark them for the resisting and withstand- ing of all enemies pirates and rebels both at land and sea and to transport such forces to any of our plantations in America if necessity shall require for the defence of the same against the invasion or attempts of any of our enemies and such enemies pirates and rebels (if there shall be occasion) to pursue and prosecute in or out of the limits of our said Province and Plantations or any of them anil (if it shall so please God) to v;.iui,iigh apprehend and take them and being taken according to law put to death or keep and preserve them alive at your discretion and to execute mar- tial law in time of invasion or at other times when by law it may be executed and to do and execute all and every other thing or things which to our Captain General and Governor in Chief doth or ought of right to belong And wee do hereby give and grant unto jou full power and authority by and with the advice and consent of our said Coun- cil of New Brunswick to erect raise and build in our said Province such and so many forts and platforms castles cities boroughs towns and forliUcations as you by the advice aforesaid shall judge necessary and the same or any of them to fortify and furnish with ordnance, ammunition and all sorts of arms fit and necessary for the se- curing and defence of our said Province and by the advice aforesaid the same again or any of them to demolish or dismantle as may be most convenient And foras- much as divers mutinies and disorders may happen by persons shipped and employed at sea during the time of war and to the end that such as shall be shipped and employ- ed at sea during the time of war may be better governed and ordered we do hereby give and grant unto you the said Thomas Charleton lull power and authority to con- stitute and appoint captains lieutenants masters of ships and oilier commanders and officers and to grant unto such captains lieutenants masters of ships and other com- manders and officers commissions to execute the law martial during the time of war according to the directions of an act passed in the twenly-second year of the reign of our late royal Grandfather intituled "An act for amending explaining and reducing into one act of Parliament the laws relating to the government of his Majesty's ships i It •,K ^f. , i'li ", I ' i: 'I ", nf*^*'' V! ! i;:-1 m I I i\ 42 -Appendix, vessels and forces by sea as the same is altered by an act passed in the nineteenth year of our reign intituled " An act to explain and amend an act made in the TS"r'?XoS;*'^^"ty-''«'=°"'' year of the reign of his late Majesty King George the Second inti- N.w''BrTn.";.ei;:*"'^'* "^" *"=' for amending explaining and reducing into one act of Parliament i«.hAugu.., 17M. the laws relating to the government of his Majesty's ships, vessels and forces by sea" and to use such proceedings authorities punishments and executions upon any offen- der or offenders who shall be mutinous seditious disorderly or any way unruly either at sea or during the time of their abode or residence in any of the ports harbours or bays of our said Province as the case shall be found to require according to the martial law and the said directions during the time of war as aforesaid Provided that nothing herein contained shall be construed to the enabling you or any by your authority to hold plea or have and jurisdiction of any offence cause matter or thing commit- ted or done upon the high sea or within any of the havens rivers or creeks of our said Province under your government by any Captain Commander Lieutenant, Master Officer Seaman Soldier or person whatsoever who shall be in our actual service and pay in or on board any of our ships of war or other vess'Js ^-ting by im- mediate commission or warrant by our Commissioners for executing the office of our High Admiral or from our High Admiral of Great Britain for the time being under the seal of our Admiralty but that such Captain Commander Lieutenant Master Officer Seamen Soldier or other person so offending shall be left to be proceeded against and tried as their offences shall require either by commission under our great seal of Great Britain as the statute of the twenty-eighth of Henry the Eighth direcls or by commission from our said Commissioners for executing the office of our High Ad- miral or from our High Admiral of Great Britain for the time being according to the aforementioned act intituled " An act for amending explaining and reducing into one act of Parliament the laws relating to the government of His Majesty's ships vessels and forces at sea" as the same is altered by an act passed in tiie nineteenlli year of our reign intituled " An act to explain and amend an act made in the twenty second year of the reign of his late Majesty King George the Second intituled "An act for amending explaining and reducing into one act of Parliament the laws relat- ing to the government of His Majesty's ships vessels and forces by sea Provided nevertheless that all disorders and misdemeanors committed on shore by any Cap- tain Commander or Lieutenant Master Officer Seaman Soldier or other person whatsoever belonging to any of our ships of war or other vessels acting by immedi- ate commission or warrant from our said Commissioners for executing the office of our High Admiral or from our High Admiral of Great Britain for the time being under the seal of our Admiralty may be tried and puaisliod according to the laws of the place where any such disorders offences and misdemeanors shall he committed on shore notwithstanding such offender be in our actual service and borne in our pay- on board any such our ships of war or other vessels acting by immediate commis- sion or warrant from our s.iid Commissioners for executing the office of High Admi- ral or our High Admiral of Great Britain for the time being as aforesaid so as he shall not receive any protection for the avoiding of justice for such offences commit- ted on shore from any pretence of his being employed in our service at sea And our further will and pleasure is that all public money raised or which shall be raised by any act hereafter to be made within our said Province be issued out by warrant from you by and with the advice and consent of our said Council and disposed of by you for the support of the Government or for such other purpose as shall be particularly directed in and by such act and not otherwise And wee do likewise give and grant unto you full power and authority by and with the advice and consent of our said Council to settle and agree with the in- habitants of our Province for such lands tenements and hereditaments as novvareor hereafter shall be in our power to dispose of and them to grant to any person or per- le nineteenth made in the Second inti- f Parliament )rces by sea" )n any ofien- unruly either harbours or ■o the martial that nothing authority to ing commit- or creeks of Lieutenant, n our actual iting by iin- office of our being under lant Master e proceeded er our great ghth directs urHighAd- rding to the ng into one Esty's ships nineteenth the twenty ituled "An laws relat- 3a Provided \' any Cap- lier person jy immedi- 9niccof our eing under laws of the Tiinittcd on in our pay e commis- figh Admi- id so as he es commit- sea And i he raised Ijy warrant d disposed Kirpuse as And wee and witii th the in- now are or ion or per- 43 sons upon such terms and under such quit rents services and acknowledgements as wee ^ppenilia^. by our instructions given you herewith or which wee may hereafter give you shall *"'-3- think fit to appoint order and direct which said grants arc to pass and be sealed .-...iiiiiiTon „r with our seal ol New Brunswick and being entered upon record by such officer or I""G"^;rJr■'°';;• officers as shall be appointed thereunto shall be good ahd effectual in law against us SiTA^ruS: our heirs and successors And wee do hereby give you the said Thomas Carleton full power to order and appoint fairs marts and markets as also such and so many ports and harbours bays and havens and other places for the convenience and security of shipping and for the better loading and unlading of goods and merchan- dizes as by you with the advice and consent of the said Council shall be thought fit and necessary And wee do hereby require and command all officers and ministers civil and military and all other inhabitants of our said Province to be oliedient aiding and assisting unto you the said Thomas Carleton in the execution of this our com- mission and of the powers and authorities herein contained and in case of your death or absence out of our said Province to be obedient aiding and assisting unto such person as shall be appointed by us to be our Lieutenant Governor or Command- er in-Chief of our said Province To whom wee do therefore, by these j.. esents. ^ive and grant all and singular the powers and authorities herein granted to be by him%x- ecuted and enjoyed during our pleasure, or until your arrival within our said Province And if upon your death or absence out of our said Province there be ho person upon the place commissionated and appointed by us to be our Lieutenant Governor or Commander in Chief of the said Province our will and pleasure is that the eldest Councillor who shall be at the time of your death or absence residing within our said Province shall take upon him the administration of the government and execute our said commission and instructions and the several powers and authorities therein contained in the same manner and to all intents and purposes as other our Governor or Commander in Chief should or ought to do in case of your absence until your return or in all cases until our further pleasure be known therein And wee do hereby declare ordain and appoint that you, the said Thomas Calcton shall and may hold execute and enjoy the office and place of our Captain General and Governor in Chief in and over our said Province of New JJrunswick with all its rights members and appurtenances whntso- ever together with all and singular the powers and authorities hereby granted unto you for and during our will and pleasure In witness &c Witness ourself at Westminster the sixteenth day of August in the twenty-fourth year of our reign nt/ Jrrit of Privy Seal This is a truo copy from the original record remaining in the Chapel of the Rolls having been examined. .lOHN KIPLING. t ^ .i,i.^' APPENDIX, No. IV. ACT OP THE BRITISH PARLIAMENT TO Divini THE PROVINCE OF QUEBEC INTO TWO SEPARATE PROVINCES, XXXI GEO: UI. CAP. 31, 1791. British. Order in Council, by which the Province of Quebec was divided into two separate Governments, of Upper and Lower Canada, 2 be it further enacted by the authority aforesaid; That vn.c» of«,.,iH.c. no person shall be obliged to execute the said office of returning officer for any lonircr J.": xl,; Ge" ''""^ *'•"" ""« y^"' «"• «>'■'«"«' than once, unless it shall at any time be otherwise pro- '" '■■■'>'■ :" VKled by any act of the Legislative Council and Assembly of the Province, assented to by his MaJRsty, his heirs or successors. XVII. Provided also, and be it enacted by the airthority aforesaid. That the^ whole number of members to be chosen in the Province of Upper Canada shall not be less than sixteen, and that the whole number of members to be chosen in the Province of Lower Canada shall not be less than fifty. XVIII. And be it further enacted by the authority aforesaid. That writs, for the election of members to serve in thesai.l Assemblies, respectively, shall be issued by the Governor, Lieutenant Governor, or person administering his Majesty's government within the said Provinces, respectively, within fourteen days after "the sealing of such instrument as a*bresaid, for summoning and calling together such Assembly, and that such writs shall be directed to the respective returning officers of the said districts, or counties, or circles, and towns or townships, and that such writs shall be made returna- ble within fifty days at farthest from the day on which they shall bear date, unless it shall at any time be otherwise p.ovided by any act of the Legislative Counci'l and .-Vs- sembly of the Province, assented to by his Majesty, his heirs or successors: afld that writs shall, in like manner and form, be issued for the election of members in the case ef any vacancy which shall happen by the death of the person chosen, or by hk being summoned to the Legislative Council of either Province, and that such wriis shall be made returnable within fifty days at farthest, from the day on which they shall bear date, unless it shall at any time be otherwise provided by any act of the Legislative Council and Assembly of the Province, assented to by his Wajesty, his heirs or sHcces- sors; and that in the cise of any such vacancy which shall happen by the death of the person chosen, or by reason of his being so summoned as aforesaid, the writ for the election of a new member shall be issued within six days after the same shall be made known to the proper cBce for issuing such writs of election. XIX. And i)e it further enacted by the authority aforesaid^ That all and every the returning officers so appointed as aforesaid, to whom any such writs as aforesaid shall be directed, shall and they arc hereby authorized and req^iired duly to execute' such writs. XX. And be it further enacted by the authority aforesaid. That the members for the several districts, orcounties,or circles of the said Provinces, respectively, shall becho- sen by the majority of votes of such persons as shall severally be possessed, for their own use and benefit, of lands or tenements within such district, or county, or circle as the case shall be, such landsr being by them held in freehold, or in fief, or in roture' or by certificate derived under the authority of the Governor and Council of the Province of Quebec, and being of the yearly value of forty shillings sterling, or upwards, over and above all rents and charges payable out of, or in respect of the same; and tl>af the members for the several towns or townships within the said Provinces, respectively shall be chosen by tlic majority of votes of such persons as either shall severally be' possessed, fo, their own use and benefit, of a dwelling house and lot of ground in snch town or township, such dwelling house and lot of ground being by them hold in like manner as aforesaid, and l«;ing of the yearly value of five pounds sterling, or upwards, or as having been resident within the said town or township for the space of twelve calendar months next before the date of the writ of summons for the election, shall bona fide have paid one year's rent for the dwelling house in which they shall have so resided, at the rate often pounds sterling per annum, or upwards. •1 [||J 4d XXI. Provided always, and be it further enacted by the auliiority aforesaid, That ^p/jenUix: no person shall be capable of beins elected a member to serve in cither of the said As- ^"- *■ semblics, or of sitting or voting therein, who shall be a member of cither of the said m'ZTTr: ,6 Legislative Councils to be established as aforesaid, in the said two Provinces, or who v!n« «/ q,..';.'.". shall be a minister of the church of England, or a minister, priest, ecclesiastic, or Ac..~Par teacher, cither according to the rites of the church of Rome, or under any other form i"-'"ii"ii' * or profession of religious faith or worship. XXII. Provided also, and be it further enacted by the authority aforesaid. That no- person shall be capable of voting U any election of a member to serve in such Assem- bly, in either of the said Provinces, or of being elected at any such election, who shall not be of the full age of twenty-one years, and a natural-born subject of his Majesty, or a subject of his Majesty naturalized by act of the British Parliament, or a sub' ject of his Majesty, having become such by the conquest and cession of the Province of Canada. XXIII. And be it also enacted by the authority aforesaid. That no person shall be capabte of voting at any election of a member to serve in such assembly, in either of the said Provinces, or of being elected at any such election, who shall have been at- tainted for treason or felony in any court of law within any of his Majesty 'l domin- ions, or who shall be within any description of persons disqualified by any act of the Legislative Council and Assembly of the Province, assented to by his Majesty, his heirs or successors. XXIV. Provided also, and bo it further enacted by the authori' aforesaid, That every voter, before he is admitted to give his vote at any such election, shall' if re- quired by any of the candidates, or by the returning officer, take the following oath, which shall be administered in the English or French language, as the case may re- quire: I, A. 13. do declare and testify, in the presence of Almighty God, that 1 am to the best of my knowledge and belief, of the full age of twenty-one years, and that I have not voted before at this election. And that every such person shall also, if so required as aforesaid, make oath, previous to his being admitted to vote, that he is to the best of his knowledge and belief, duly possessed of such lands and tenements,' or of such a dwelling house and lot of ground, or that he has bonajide been so resident and paid such rent for his dwelling house, as entitles him, according to the provisions of this act, to give his vote at such election for the county, or district, or circle, or for the town or township for which he shall offer the same. XXy And be it further enacted by the authority aforesaid. That it shall and may be lawful forhis Majesty, his heirs or successors, to authorise the Governor, Lieutenant Governor, or person administering the government within each of the said Provinces respectively, to tix the time and place of holding such election.., giving not less than eight days notice of such time, subject neveitheless, to such provisions as may hereaf- ter be made in these respects by any art of the Legislative Council and Assembly of tht^ Province, assented to by his Majesty, his heirs or successors. . ^y!-/"*^ '? '^ further enacted by the authority aforesaid. That it shall and may be lawful for his Majesty, his heirsorsuccessors, to authorize the Governor or Lieuten- ant Governor of each of the said Provinces, respectively, or the person administering, the government therein, to fix the places an.l times of holding the first and every other session of the Leg-slative Council and Assembly of sifch Province, giyin- due and suf /.cent notice thereof, and to prorogue the same from ti>ne to time, and to dissolve the same, by proclamation or otherwise, whenever he sliall judge it neee.ssarv or expe- dient. " ' XXVII Provided always, and be it enacted by the authority aforesaid. That the sa.d Legislative Council and Assembly, in each of the said Provinces, shall be called together once at the least, in every twelve calendar months, and that every Assembly .ball continue for four years from the day of the return of the writs for choosing thV ri 50 |H -^PP^nUix. same, and no longer, subject nevertholcss, to be sooner prorogued ordi.«>lved by the __ Governor or Lieutenant Governor of the Province, or person administering his Majes- Briii.h Act. lo ty » government therein. clm.l.i llm I'm vviriii vine, ,^.,„.,..e. XXVIII. And be it further enacte.l by the authority aforesaid, That all Questions «^^LIt:,. 7'".'=,'^ fr" »'•'»« '" 'he «,id Legislative Councilor Assemblies, respectively, shall bo «p .'.. deculed by the majority of voice.s of such members as shall be present; and that in all cases where the voices shall he equal, the Speaker of .ucl, Council or Assembly, as the case shall be, shall have a casting voice. XXIX. Provided always, and be it enacte.l by the authority aforesaid, That no member, either of the Legislative Council or Assembly, in either of the said Provinces shall be permitted to sit, or to vote therein, until he shall have taken and subscribed the following oath, either before theOovernor or Lieutenant Governor of such Province or person adn,ini.tering the government therein, or before «ome person or persons au- thorised by the said Governoror Lieutenant Governor, or Cher person as aforesaid, to admini-stersuch oath, and that the same shall be administered in the English or French will be fa.th ul. and bear true allegiance to his Majesty King George, as lawful sove- re.gn of the kingdom of Grer^Britain, and of these Provinces dependent on, and be- longing to the said kingdom ; and that I will defend him to the utmost of my power against all tra.ton.nis conspiracies and attempts whatever, which shall In; made against his person, crown, and .lignity ; and that I will do my utmast endeavour, to disclose and make known to his Majesty, his heirs or successors, all treasons and traitorous conspiracies and attempts which I shall know to be against him, or any of them : and all thi3 I do swesr xviihout any equivocation, mental evasion, or secret reservation and renouncing all pardons and dispensations from any person or power whatever to the contrary. So help me God. u-.Pu^; !^"'V"' '' '■"'•"'«'• «"»<='«^ by theaulhorit/ aforesaid, That whenever any bill which has been passed by the Legislative Council, and by the House of Assembly in either of the said Provinces, respectively, shall be presented for his Majesty's as^ sent, to the Governor or Lieutenant Governor of such Province, or to the person admin- istering his Majesty's government therein, such Governoror Lieutenant Governor or person administering the government, shall, and he is hereby authorized and requir- ed to declai-e, acconling to his discretion, but subject nev.rtheless, to the provisions contained ,n this act, and to such instructions aa may, from time lo time, 1« given in that behalf by his Majesty, his heirs or successors, that he assents to such bill in his Majesty s name, or that he withhohls his Majesty's assent from such bill, or that he resei^es such bill for the signification of his Majesty's pleasure thereon. XXXL Provided always, and be it further enacted by the authority aforesaid, That whenever any bill, which shall have been so presented for his Majesty's assent, o such Governor, Lieutenant Governor, or person administering the government, shall, by such Governor, Lieutenant Governor, er person administering the government, have been assented to in h,s Majesty's name, such Governor, Lieutenant Governor, or per- son as aforesaid, shall and he is hereby rer.uired. by the tirst convenient o,,portunity, such bi I so assented to: and that it shall and may be lawful, at any time within wo years after such bill shall have been so received by such Secretary of'statJ. JIm i Ma! jesty, his heirs or successors, by his or their order in Council, to • "^ State, testifying the clay on which such bill was received as aforesaid, being signified by such Governor. Lieutenant Governor or person administering the government, to the Legislative Council and Assembll o stud, Province or by proclamation, shall make void and annul the same, from and after .hf date of such signifiratiou. 51 XXXII. And be it further enacto.l by the authority aforesaid, That no.uch bill, which •h.ll be M reserve.1 for the signification of hi.-. Maje«tv'<. pleasure thereon, shall have any force or authority within either of thewid Province,,, respectively, until the Gov- ernor or Lieutenant Governor, or porwu administering the government, shall signify, either by speech or mes«=ge, to the Legislative Council and Assembly of such Province or by proclamation, that such bill haabeen laid tefore his Majesty in Cm.ncil, and thai his Majosty has been pleased to assent to the same; and that an entry shall be made, in thejournals of the said Legislative Council of every such speech, message or procla- mation; and a duplicate thereof, duly attested, shall be delivered to the proper oflicer to be kept amongst the public records of the Province : and that no such bill which .hall be so reserve''e-n,entione.l act. passed in the fourteenth >-.ar of t^ie reign of Ins present Majesty, it was declared, that the clergv o "he church of Itome, in the Province of Queb.., might hold, receive, and ely their accustomed dues and rights, with respect to such persons only s shouh pr fe he said religion ; provided nevertheless, that it should be lawful for hi, Vh etv his heirs or successors, to make such provision out of the rest of the said ace ,'om ed dues and rights, tor the encouragement of ,he Protestant religion n.f'r maintenance and support of a P..tc.s,„nt clergy within the said Proviic Jl o hey shoud from time to time, think necessary an., exrn^dient : «,«/ 1 . «' %" ae th^rdday of January, in the year o/our Lord one thousZsJn hunZJZ seventy./ive, to Guy CarHo.^, e.ouoe, nou, L.n-d Dorchester, at that tnne T^Z^ t^ppendtx. No. 4 nrltwh Arlii to i\\\W I he Pni- vliico oC Utif^lMT. Am< of l'»rllii Rlt'lll, xt\\ IttKi: ill. Curi. 3i. % fi > » 8(1 il E^ ilj 53 Hi Clip. ;ii. ! *: \\i i; ' ?i fill I- A: Tt"^- ?, 'f '/''""' ^^«e/-«/««'/ Governor in Chief in nnd over hi, Afaje,,^, Province of Qael^v, us Majesty ,v;» picase.l, amongst other things, ,o direct, '« U.at no inoum. .r.'"*;,,;* •;,:," ''^.";i"«'f^:'"""K '•'« reliRiou of ,h„ church of Ron.e, «pp,.i„ted to any parish in the ine, .^.,........ aa.d FruvMH^c, should be entiticd to receive any tythn. for land, or poJc«ion. occu- \"IX. P'«; J,>' » ^"';--'"". I^"' 'hat such tythcs .hould Ik. received by such person, as the '...... .n,d G,.y Carle.on, esquire, his Majesty's Captain General and Governor in Chief .n a„d over l,„ Majesty's said Province of Q,u.bec, shoui i appoint and should bo reserved ,n the hands of his Majesty's Receiver General of the sai.l Province, for .he .support of a Protestant clergy in his Majesty's said Province, to h. .etually resi- dent w.th.n the same, and not other.vise, according ,o such di..ctions as the said Guy Carleton. esqu.re lus Majesty'^ Captain General and Governor in Chief, in and over h.s Majesty's sa.d Province, should receive from his Majesty in that behalf «n,l .ha. ,n hko manner all growing rents and profits of a vacant benefice should' .iurmg such vacancy, be reserved for. and applied to the like uses :" ,nut whereas, '"^ "timated at thej..e of ..k.„g such grant, equal in value to the seventh part of the lands so XXX VII. And be it further enacted by the authority aforesaid. That all and everv he renta pro.... or emolumert.. which may a. any time ari«. frL .uch and. .o af- otte and appropr.a.ed as aforesaid, shall be applicable .olely to the maintenance ad Z7o nf T "'"*'" """" ''' ^""'''''' '" "''"='' 'f"" -"«' "hall be situated nnd to no other use or purpoae whatever. ""uniea, may be\''w"l ff^"! m'' Tu- 7^'"' '" ''" ""'"'^ '"■°""'''' '^"^ '* •»-" «"«' ZLt r ? ^'•'^^ ^' *"' '""■' "■■ -"""""".to authorize the Governor or Lieu- tenant Governor of each of the said Provinces, respectively or the ner«„n \Z , thegovernmenttherein. from time to time. withLadS:;^^^^^^^^^^ .hall have been appointed by his Majeaty, hi. heir, or .uccessor,, within ."h nro v.nce for the affa.rs thereof, to constitute and erect, wi.hin every t;wnship or paJLh" wh.ch now .s, or hereafter may be forme.l. constituted, or erected withl-^^su h P o v.nce one or more parsonage or rec.ory, or parsonages or rectories, acco d ngto the esta hshment of .he church of England , and from time to time, by n instrume ^n der he great seal of such Province, to endow every such parson ge or rectory "hso much or such part of the lands so allotted and appropriated as aforesaid, i.rr'esn t of any lands wuh.n such township or parish, which shall have been granted subse'^uen to the commencen.ent of this act, or of such lands as may have bel allotted and'p! propnated ^r the same purpose, by or in virtue of any instruction which may be giv- en by h.s Ma,es,y. .„ respect of any lands granted by his Majesty l,efo„. the com- mencement of th.s act, as such Governor. Lieutenant Governor, or person administer- mg the governmen., shall, with the advice of ,he said Executive Council, judge to be "v V vl v""l"' . r "■"" """''"« circumstances of such township or pariih. , , . " " "'"-'■■ '""""'''' ''y ""= •'•"thority aforesaid. That it .hall and may e law.ul .or his Majes.y, his heirs or successors, to au.horize .^e Governor Li' .- tenant Governor, or person administering the government of each of the said Pro- Z^2r7T"^''u\'rT '° '''"■^ ^"•=' P"'""''^*' °'- '•^'''-y' - --"-bent or minister ot the church of England, who shall have been duly ordained according to the rues of the sa.d church, and to supply, from time to time, such vacancies a. may hap. pen themn; and that every person so presented .o any .uch parsonage or rectory, hall hold and enjoy the same, and all .ights, ,,rofits, and emoluments thereunto be' ongmg or granted, as .ully and amply, and in .he same manner, and on the same lerms and conditions, and liable to the performance of the same .lutir.,, as ti,o incum- bent ol a parsonage or rectory in England. XL. Provided always, and be it further enac.c.l by the authority aforesaid. That every such pre!«nUtion of an incumbent or minister to any such parsonage or rectory, and also the enjoyment of any such parsonage or rectory, and of the rights, profits and emolument, thereo.; by any such incumf.-nt or n.inister, shall be subject and lia-' ble to all right, of institution, and all other spiritual and ecclesiastical jurisdiction and authority, which have been lawfully granted by hi. Majesty's royal letters patent to the Bishop of Nova Scotia, or which may hereafter, by his Majesty', royal authority, be lawfully granted or appointed to be administered and executed within the said Pro- vinces. or either of them respectively, by thr =aid Bishop of Nova Scotia, or by any other person or persons, according to the laws and canons of the church of England which are lawlully made and received in England. ' ir h: ^ i T' [1 .'7 ■ I 54 No. 4. , "rlilih \,u "'i>lile iho Pi. 'Iilcii nr Uuibcc Arr. or PnrJIa III Cip. 11. fi^l XLI. I'rovided ahvayi, ami be it furlhfr enaofed by the authority aforcaairt, That the several provimniiK hcrein-bcfore contained, rrupccting the allotment and appropri. „ ation of lands for the ai.pport of a protcstant clergy tvithin the .aid Provinces, and also respecting the constituting, nrccling, «„d endowing parsonage, or rectoriea »vilhin the said Province.., and also respecting the presentation of incumbents or ministers to the same, an.' also respecting the manner in which such incumbents or ministers shall hold and enjoy the same, shall he subject to bo varied or repealed by any express pro- visions for that purpose, contained in any a. t or acts which may be passed by the Le- gislative Council and As.sembly of the said Provinces, respcclivcly, ami a.ssenlod to by his Majesty, his heirs or succe.«ors, under the restriction hercin-after provided. XLII. Provided nevertheless, and he it further enacted by the authority aforesaid, That whenever any act or acts shall be passed by the Legislative Council and Assembly of either of the said Provinces, containing any provisions to vary or repeal the above recited declaration and j.rovision contained in the said act, passed in tho fourteenth year of the reign of his present Majesty; or to vary or repeal the above-recitcd provi- sion contained m his Majesty's royal instructions, given on the third day of Januarv in the year of our Lord one thousand seven hundred and sevtiity-five, to the said (Juy Carleton, esquire, now Lor.l Dorchester ; or to vary or repeal the provisions herein- before contained for continuing the force and effect of the said declaration and provi- ■sionsj or to vary or repeal any of the several provisions herein-before contained, re- specting the allotment and appropriation of lands for the support of a protestant clergy within the said Provinces; or respecting the constituting, erecting, or endowing par- sonages or rectories within the said Provinces; or respecting tho pa-scnialion of incum- bents or ministers to the same; or respecting the manner in which such incumbents or ministers shall hold and enjoy the same, and also, that whenever any act or acts shall be so passed, containing any provisions which shall in any manner relate to, or affect the enjoyment or exercise of any religious form or mode of worship; or shall impose or create any penalties, burthens, disabilities, or dis^iualifications in respect of the same; or shall, in any manner relate to or affect the payment, recovery, or enjoyment of any of the accustomed dues or rights herein-before mentioned; or shall in any man- ncr rek.e to the granting, imposing, or recovering any olhor dues, or stipends or emoluments whatever, to be paid to, or for the use of any minister, priest, ecclcsias- tic, or teacher, according to any religious form or mode of worship, in respect of his said office or function; or shall in any manner relate to, or affect the establishment or discipline of the church of England, amongst the ministers and members thereof with- in the .said Provinces; or shall in any manner relate to, or affect the King's preroga- live touching the granting the waste lands of the crown within the said Provinces- every such act or acts shall, previous to any declaration or signification of the King's assent thereto, be laid before both Houses of Parliament in Great Britain and that It shall not be lawful for his Majesty, his heirs or successors, to signify his or their as- sent to any such act or acts, until thirty days after the same shall have been laid before the said houses, or to assent to any such act or acts, in case either House of Parliament shall, within the said thirty days, a.ldrnss his Majesty, his heirs or succe.ssors. to with- hold his or their assent from such act or acts; and that no such act shall be v.did or effectual to any of the said purposes, within either of the said Provinces, unless the Lc g-slativo Council and A.sstmbly of such Province shall, in the session in which the same shall have been passed by them, have presented to the Governor, LieutenantGovernor or person administering the government of such Province, an address or addresses' specifying that such act contains provisions for some of the said purposes herein-before .specially described, and desiring that, in order to give effect to the same, such act .slKuild be transmitted to England without delay, for the purpose of being laid before 1 ailiament previous to the signification of his Majesty's assent thereto. 65 XLIII. And be it further enacted by the authority aforonaid, That all landa whirh fihflll Ik, hereafter granted within the iaid Province of Upper Canada almll las granted in free and common 8occagc, in like manner on lando are now holdcnin free and com- monaoccage, in that part of Great Britain cnllud Kngland : and .hat in every case where landa shall be hereafter granted within the Haid Province of Lower Canada and where the grantee thereof ahall deaire the aame to be granted in free and common aoccage, the aame >.hall be ao granted; but aubject, nevertheleaa, to auch alferationa, with reaped to the nature and tonse(iuence» of auch tenure of free and common ace' cage, as may he established by any law or laws which may be made by his Majesty, his heirs or successors, by and with the advice and consent of the Legislative Council and Assembly ot the Province. XLIV. And be it further enacted by the authority aforesaid, That if any person or persons holding any lands in the said Province of Upper Canada, by virtue of any certificate of occupation derived undcrthe authority of the Governor and Council of the Province of Quebec, and having power and authority to alienate the same, shall, at any time, from and after the commencement of this act, surrender the same into the hands of his Majesty, his heirs or successors, by petition tothe Governor or Lieutenant Gov- ernor, or person administering the government of the said Province, setting forth, that he, she, or they is or are desirous of holding the same in free and common soccage, auch Governor, or Lieutenant Governor, or person administering the government, shall thcreuiion cause a fresh grant to be made to such person or persons of such lands, to be holden in free and common soccage. XLV. Provided nevertheless, and be it further enacted by the authority aforesaid, That such surrender and grant shall not avoid or bar any right or title to any such lands so surrendered, or any interest in the same, to which any person or persons, other than the person or persons surrendering the same, shall have been entitled, either in possession, remainder, or reversion, or otherwise, at the time of such surren- der; but that every such surrender and grant shall be made subject to every such right, title, and interest, and that every such right, title, or interest shall be as valid and cf- (ttctual as if such surrender and grant had never been made. XLVI. And whereas by an act passed in the eighteenth vcar of the reign of his present Majesty, entitule.l, ,\n act for removing all doubts and'apprchcnsions concern, ing taxation by the Parliament of (Jreal Hritain in any of the Colonies, Provinces, and Plantations in North America and the West Indies, and for repealing so much of an act, made in the seventh ye;.^ of the reign of hi. present Majesty, as imposes a duty on tea imported from Great Britain into any Colony or Plantation in America, or relates thereto, it has been .leclared, -that the King ami Parliament of Great Bri- tain will not impose any duty, tax, or assessment whatever, payable in any of his Majesty s Colonies, Provinces, and Plantations in North America or the West Indies except only such duties as it may be exj.edient to impose for the regulation of commerce, the net prouuce of such duties to l,e always paid and applied to ami for the use of the Colony, Province, or Plantation, in which the same shall be respec-ively levied in such manner as other duties collected by the authority of the resjicctive General Courts or General Assemblies of such Colonies, Provinces, or Plantations, are ordinarily paid and applied:" and whereas, it is necessary, for the general benefit of the British em- pire that such power of regulation of commerce should continue to be exercised by his ftlajesty , his heirs, or successors, an/ippendix. No. 4. Dililtli Ada lu •llvidi. iJii. pm- iliio orvtualwc. An iir PfirlU- ntfnt, xtil o«fl; III I'tp. ill. n' f 1 1 ' d sSj ■-I 1 s 1 i m 06 ^'Ippendix. the regulaticfn of iiavi.nalion, or for the regulation of the conimerco to be carried on be- ^'°' '^' tween the said two Provinces or jjctwccn either oftlie said Provinces, and any other part Diiiisii An. in of his Majesty's dominions, or between either of the said Provinces and any foreien divide llif I'm xi^/ ...... JO niicf oTjiucim-. country or state, or lor appointing and directing the payment of drawbacks of sucii du- i.in,1' °xx,r'u.'u' ^^^^ ^° ''"P"^'^''' *"" '° K'*'"^ '" '''^ Majesty, his heirs orsuccessors, any power or authority iii. rail. 31. by and witli the advice iindconsent of sucii Legislative Councils and Assemblies, respec- tively, to vary or repeal any such law or law.s, or any part thereof, or in any manner to prevent or obstruct the execution thereof. XLVII. Provided always, and be it enacted by the authority aforesaid, Tha the net produce of all duties which shall be so imposed, shall at all times hereafter be ap- l)lied to and for the use of each of the said Provinces, respectively, and in such manner only as shall be directed by any law or laws which may be made by his Majesty, his heirs or successors, by and with the advice and consent of the Legislative Council and Assembly of such Province. XLVIIL And whereas, by reason of the distance of the said Provinces, from this country, and of the change to be made by this act in the government thereof, it may be necessdry that there should be some interval of time between the notification of this act to the said Provinces, respectively, and the day of its commencement within the said Provinces, respectively: be it therefore enacted by the authori- ty aforesaid. That it shall and m.iy be lawful for his Majesty, with ine advice of his Privy Council, to fix and declare, or to authorize the Governor or Lieutenant Governor of the Province of Quebec, or the person administering the government there, to fix and declare the day of the commencement of this act within the said Provinces, re- spectively, provided, that such d.iy shall not be later than the thirty-first day of Uecem- ber, in the year of our Lord one thousand seven hundred and ninety-one. -XLIX. And be it further enacted by the authority aforesaid, That the time to be fixed by his Majesty, his heirs or successors, or under his or their authority, by the Governor, Lieutenant Governor, or person administering the government in each of the said Provinces, respectively, for issuing the writs of summons and election, and calling together the Legislative Councils and Assemblies of each of the said Provinces, respec- tively, shall not be later than the thirty-first day of December, in the year of our Lord one thousand seven hundred and ninety-two. L. Provided always, and be it f.irthcr enacted by the authority aforesaid, That dur- ing such interval as may happen between the commencement of this act, within the .said Provinces respectively, and the first meeting of the Legi.slative Council and Assem- bly of each of the said Provinces, respectively, it shall and may be lawful for the Gov- ernor or Lieutenant Governor of such Province, or for the per.son administering the govcninient tierein, with the consent of the major part of such Executive Council as •shall he appointed by his Majesty for the aflairs of .such Province, to make temporary laws and ordinances for the good government, peace, and welfare of such Province, in the same manner, and under the s^ame restrictions, as such laws or ordinances might have been made by the Council for the affairs of the Province of Quebec, constituted by virtue of the above mentioned act of the fourteenth year of the leign of his present Majesty; and that such temporary laws or ordinances shall be valid and binding with- in such Province until the expiration of six months after the Legislative Council and As- .scmbly of such Province shun ;;ave been first assembled by virtue of, and under the authority of this act; subject, nevertheless, to be sooner repealed or varied by any law or laws wliicli may be made by his Majesty, his heirs or successors, by and with ihe advice and consent of the .said Legislative Council and Assembly. 67 OBDBft nr oouvcnXi ■> WBICB m THE PROVINCE OF QUEBEC WAS DIVIDED INTO TWO SEPARATE GOVERNMENTS OF UPPER AND LOWER CANADA, TWENTY-FOURTH AUGUST, 1791. ^l the Court at St. James's the 24th of August 1791 Pre.ipnt the Kings most Excellent Majesly in Council Appendix. Whereas there was this day read at the Hoard a report from the Right Honorable ' the Lords of the Committee of Council dated the 19lh of this instant in the words Briuiii acum divide the Fro- following (viz) »'"" of auetw. Your Majesty having been pleased by your order in Council bearing date the 17th ,{^^(SlfkA^ of this instant to refer unto this Committee a letter from the Right Honorable Henry i™'- Dundas one of your Majcstys Principal Secretaries of State to the Lord President of the Council Iransmittinfi a printed copy of an act passed in the last session of Parliament entitled "An act to repeal certain parlsof an act passed in the fourteenth year of His Majestys reign entitled an act for making more cflectual provision for the government of the Province of Quebec in North America and to make further provision for the government of the said province and also copy of a paper presented to Parliament pre- vious to the passing of the said act descril ' g the line proposed to be drawn for divid- ing the Province of Quebec into two separate Provinces agreeable to your Majestys Royal intention signified by message to both Houses of Parliament to be called the Province of Upper Canada and the Province of Lower Canada and stating that by section forty-eight of the said act It is provided that by reason of the distance of the said Provinces from this country and of the change to be made by the said act in the government thereof it may be necessary that there should be some interval of time between tlie notification of the said act to the said Provinces respectively and the day of its commencement within the said Provinces respectively and that it should be law- ful for your Majesty with the advice of your Privy Council to fix and declare or to authorize the Governor or Lieutenant Governor of the Province of Quebec or the person administering the government there to fix and declare the day of the com- mencement of the said act within the said Provinces respectively Provided That such day shall not be later than the 31st of December 1791 The Lords of the Com- mittee in obedience to your Majestys said order of reference this day took the said letter into their consideration together with the act of Parliament therein referred to and likewise copy of the said paper describing the line proposed to be drawn for sepa- rating the Province of Upper Canada and the Piovinceof Lower Canada and their Lord- ships do thereupon agree humbly to report as their opinion to your Majesty that it may be adviscable for your Majesly by your order in Council to divide the Province of Quebec into two distinct Provinces by separating the Province of Upper Canada and the Province of Lower Canada according to the said line of division described in the said paper (copy of which is hereunto annexed) And the Lords of the Committee are further of opinion that it may be adviseablc for your Majesty by warrant under your royal sign manual to authorize the Governor or Lieutenant Governor of the Province of Quebec or the person administering the government there to fix and de- clare such day for the commoncement of the said before mentioned act within the said two Provinces of Upper and Lower Canada respectively as the said Governor or Lieutenant Governor of the Province of Quebec or the person administering the go- 15* J'J ;fc I , ,1 ii ■ 'i 4 \ ii *■ « 58 ^appendix, vcrnment tlicre shall judge most adviseable provided that such day shall not be later ^°' *' than the 31st day of December in the present year 1791 .11 "de''''iii'J" I'rJi! ^^^ proposed line of division — To commence at a stone boundary on the north bank vincc of^ciuebcc. of the Lake St. Francis at the Gove west of Pointe au Bodet in the limit between riu'mii AngZ; ^^^ township of Lancaster and the Seigneurie of New Longuevil running along the '™' said limit in the direction of north thirty-four degrees west to the westermost angle of the said Seigneurie of New Longuevil thence along the north-western boundary of the Seigneurie of Vaudreuil running north twenty-five degrees east until it strikes tlie Ottawas river to ascend the said river into the Lake Tomis Canning and from the head of the said Lake by a line drawn due north until it striken the boundary line of Hudsons Bay including all the territory to the westward and southward of the said line to the utmost extent of the country commonly called or known by the name of Canada His Majesty this day took the said report into his royal consideration and approv- ing of what is therein proposed is pleased by and with the advice of his Privy Coun- cil to order as it is hereby oidered that the Province of Quebec be divided into two distinct Provinces to be called the Province of Upper Canada and the Province of Lower Canada by separating the said two Provinces according to the following line of division viz To commence at a stone boundary on the north bank of the Lake St Francis at the Cove west of Pointe au Bodet in the limit between the township of Lancaster and the Seigneurie of New Longuevil running along the said limit in the direction of north thirty-four degrees west to the westermost angle of the said Seig- neurie of New Longuevil thence along the north-western boundary of the Seigneurie of Vaudreuil running north twenty-five degrees east until it strikes the Ottawas river to ascend the said river into the Lake Tomis Canning and from the head of the said Lake by a line drawn due north until it strikes the boundary line of Hudsons Bay including all the territory to the westward and southward of the said line to the utmost extent of the country commonly called or known by the name of Canada Whereof the Governor Lieutenant Governor or Commander in Chief of the Province of Quebec and all other His Majestys officers in the said Provinces and all whom it may concern are to take notice and yield due obedience to His Majestys pleasure hereby signified Whereas there was this day read at the Board a report from the Right Honorable the Lords of the Committee of Council dated the 19th of this instant in the words following viz Memorandum — Here the Committee repor. for dividing the Province of Quebec into two distinct Provinces to be called Upper Canada and Lower Canada and pro- posing the line of division for separating the said Provinces was inserted at length as in the preceding order His Majesty this day took the said report into his royal consideration and approv- ing of what is therein proposed was pleased by and with the advice of his Privy Council to order that the Province of Quebec be divided into two distinct Provinces to be called the Province of Upper C,\nada and the Province of Lower Canada by separating the said two Provinces according to the line of division inserted in the said orders And His Majesty is hereby further pleased to order that the Right Honorable Henry Duiidas one of His Majesty's Princi|)al Secretaries of State do prepare a war- rant to be passed under His Majestys Royal Sign Manual to authorize the Governor or Lieutenant Governor of the Province of Quebec or the person administering the government there to fix and declare such day as they shall judge most adviseable for the commencement within the Province of Upper Canada and the Province of Lower Canada respectively of the said act passed in the last session of Parliament entitled 69 "An act to repeal certain parts of an act passed in the fourteenth year of His Majestys Jlpptndix. rei^,n entitled an act for making more effectual provision for the government of the ^°- *' Province of Quebec in North An^'.-ica, and to make further provision for the govern- nriiuii aci* ta ment of the said Province" Provided that such day so to be fixed and declared for vin«°of"QueiM?l the commencement of the said act within the said two Provinces respectively shall ordeTiii coim- not be later than the thirty -first day of December 1791 1791. ' "'""' '^LllAu|UIt| I hereby certify that the above are true copies of the original orders. JAS. BULLER. CouNcii, Office, 17th February, 1839. i 1 "W" APPENDIX No. V. m ACTS OF TH£ GENERAL COURT OF MASSACHUSETTS AND OF THE CONGRESS OF THE UNITED STATES, ■ILATITX TO TBE IBSCTIOH 01 THE DISTRICT OF MAINE INTO A SEPARATE AND INDEPENDENT STATE. •Sppendix. No. 5. Act of Matna rliuseltfl relative i *3n Jict in addition to an ^ct, entitled <*./?« .Set relating to the separation of the " District of Maine Jrom Massachusetts Proper, and forming the same into a " separate and independent State." Sec. 1. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the consent of the Legisla- ture of this Commonwealth be, and the same is hereby given, that the District of to ihe rri'ciionot Maine may be formed and erected into a separate and independent State, upon (he di-pendent g'llite" terms and conditions, and in conformity to the enactments contained in an act, entitled " an act relating to the separation of the District of Maine from Massachusetts " Proper, and forming the same into a separate and independent Slate," whenever the Congress of the United States shall gives its consent thereto, any thing in the said act limiting the time when such consent should be given, to the contrary notwith- standing : Provided, however, that if the Congress of the United States shall not have given its consent, as aforesaid, before the fifteenth day of March next, then all parts of the act, to which this is an addition, and all matters therein contained, which by said act have date or operation from or relation to the fifteenth day of March next, shall have date and operation from and relation to the day on which the Congress of the United States shall give its consent, as aforesaid : Provided also, that if the Con- gress of the United States shall not give its consent, as aforesaid, within two years from the fourth day of March next, this present act shall be void and of no eifect. Sec. 2. Be it further enacted, That if it shall not be known on the first Monday of April next, that the Congress of llie United States has given its consent, as aforesaid, the people of the said District of Maine shall elect, provisionally, a Governor, Sena- tors and Representative.'', or other officers necessary to the organization of the govern- ment thereof as a separate and independent State, according to the provisions of the constitution of government agreed to by the people of the said District. And the pei^ sons so elected shall assemble at the time and place dcsigaatcd by the said constitu- 61 tion, if the consent of Congress, as aforesaid, shnli be given during the present session tSppendix. thereof, but not otherwise; and when assembled,. as aforesaid, and having first deter- ^°' ^' mined on the returns and qualifications of the persons elected, they shall have the Americnn Acme- power as delegates of the people fpr that purpose, to declare on behalf and in the li Mniifiimo name of the people, the said elections ot such persons to be constitutional and valid, for «ia'«- the respective offices and stations for which they shall have been elected, as aforesaid. /". "'' 5'!?^ 1 "^ ' fhuBcllii, 23 Peb And if such declaration shall not be made before the persons so elected shall proceed '""'>'' "**■ to transact 'ijusiness as the Legislature of said State, the said election shall be wholly void, unless it shall appear iha^ the consent of Congress, aforesaid, shall have been given on or before the said first Monday of April next. And if the consent of Con- gress, as aforesaid, shall be given after the said first Monday of April next, and the persons so elected, when a.shemblcd, as aforesaid, shall not declare the said election valid and constitutional, as aforesaid, within ten days from the last Wednesday of May next, then they shall cease to have any power to act in any capacity for the people of the said District, by virtue of their elections, as aforesaid ; and the peoj>le shall again choose Delegnles to meet in Convention, in the manner, for the purposes, and with the powers set forth in the third and fourth sections of the act to wiiich this is in addition; the said elections of such Di'legates to be made on tlie first Monday of July next, and the Delegates to meet in Convention at Portland, on the first Monday of September next. [Approved by the Governor, February 25tli, 1S20.] Ill .. i AST ACT FOK THE ADMISSION OF THE STATK OF MAINE INTO THE UNION. .! Whereas, by an Act of the State of Massachusetts, passed on the nineteenth day An or rongre«. of June, in the year one thousand eight hundred and nineteen, entitled " An Act relat- '"■"*'""'''**' "ing to the separation of the District of Maine from Massachusetts Proper, and forming " the same into a separate and independent State," the people of that part of Massachu- setts, heretofore known as the District of Maine, did, with the consent of the Legisla- ture of said State of Massachusetts, form therastlves into an independent State, and did establish a constitution for the government of the same, agreeably to the provision* of said Act. Therefore, Sec. 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, that from and after the fifteenth day of March, in the year one thousnnd eight hundred and twenty, the State of Maine is hereby ..eclarei' to be one of the United States of America, and admitted into the Union on an equal footing with the original States, in all respects whatever. [Approved, .'Jd March, ISaO.] APPENDIX, No. VI. Extrirt from Guthrie's Geographical Grammar. See printed copy of the work, Ar- ticle «• Scotland." 10» No. (i. EilraftfruuiCutli- ric's (jrHiiiiitiir. ]r > I vnr APPENDIX, No. VII. t* EXTRACTS FROM TREATIJGS GREAT BRITAIN AND FOREIGN POWERS, TEMTB ARTXOXiB OF THE TREATY OF PEACE BETWEEN ENGLAND AND FRANCE, CONCLUDED AT BREDA. II JULY, 1667. tlppendix, TVaiti de Paix cntre Louis XIV. Roi de France et Charles II. Roi d\1nglelerre, ^'"- ^- Fait It Breda le jj Juiilet, 1067. Treaties lipinci'ii «» » * » » » •» x »5» (jreat Uritnin and . -vr Fiircign Powers ARTICLE A. loth An. Treaty Lc ci-devaiit nomm6 Seigneur le Roi de la Grande Bretagne, restituera aussi et iircda, July 1067. rci-lr ,i au ci-dcssus nomme Seigneur le Roi Triis-Chrestien, ouiceuxqui aurontciiarge et mandement de sa part, scellu en bonne forme du grand Sceau dc France, le pays appell6 I'Acadie, silu6 dans TAmtrique Septentrionale, dont le Roi Tri^s-Chretien a autrefois joui. Et pour exucuter cette restitution, le susnomnie Roi de la Grande Bre- tagne, incontinent aprus la ratification de la pr{;sente alliance, fournira au susnomme Roi Triis-Chretien, tons lesactcs et mandemens exp6diez duement et en bonne forme, n6cessaire a cet eflet, ou Ics fera fournir a ceux de ses ministres et officiers, qui seront par lui d616guez. SXlVilil'l'B ARTXOUB OF THE TREATY OF PEACE BETWEEN GUEAT UUITAIN AND FRANCE, CONCLUDED AT RYSWICK, •« SEPTEMBER, 1697. uUh'traiire."*' ^''"' ^''^^f^^es of Peace between IVilliam the Third, Kin,:; of Great Britain, and Hys«kk, i(Hi7. Ze««/s the Fourteenth, Kins,' of France, concluded in the Royal Palace at Rys- wick, the AgM day of September, 1697. Article VII. The most Christian King sliuli restore to the said King of Great Britain, all countries, islands, forts, and colonics, wheresoever situated, whicli the English ilij possess before the declaration of this present war. And in like manner the King of Great Britain shall restore to the most Christian King all countries, islands, forts, and colonies, wheresoever situated, which the Frencli 'lid possess before the said declara- tion of war; and this restitution shall he made, or boili sides, within the space of six months ir sooner if it can be done. Ani! to th.-it < nd, immediately afior the ratifica- tion ol tins treaty, each of the said Kings shall ieliver, or cause to be delivered, to the other, or to commissioners authorized in his name for that purpose, ail acts of conces- sion, instruments, and necessary orders, duly saade and in proper form, so that they may liave their effect. 63 TWBEirTB AXm TBOTSBOTa AB,TZOI.BS t/Uppendia'. No. 7. TrraticH iM-lween OF THE TREATY OK PEACE AND FUIEND3HIP l.ETWEEN GREAT BUITAIN M.n""'^^.^"' laihniHinth An. FRANCE, CONCLUDED AT UTHECIIT, ^ i^!^' m U April 'I'lt'dly wirii Kranco. I'lreclii, 1713. elivered to the Queen of is treaty shall be exchanged, The Treaty 0/ Peace and Friendship between ^nne, Queen of Great Britain France, and Ireland, and Letcis XIV., King of France, concluded at Vtrech the\\dayof^^nn. * * • * * • • » - . . » , , Article XII. The most Christian King shall take care to ha Great Britain, on the same day that the ratifications o ... ..,,^ „.„„ ,, excnanRed, solemn and authentic letters or instruments, by virtu > whereof it shall appear tha he island of St. Christopher's is to be possessed alone hereafter by Briti hTuljc hkew^al Novabcotiaor Acadie, with its ancient boundaries, as also the city o^ PortRoyal now called Annapolis Royal, and all other things in those parts which depend on the said lan.ls and islands, together with the dominion, propric.y a d possession o. the said islan.ls, lands, and places, and all right whatsoever. L ..^t ^ or by any other way obtained, which the most Christian King, the Crou, of Fr nee or any of the subjects thereof, have hitherto had to the said isL.ls, lands, and phce ' andtheinhabi,antsof,hesame,are yielded and made over to t e Qu en f G eal Britain and to her cro^vn forever, as the most Christian King doth at p.'en v el and make ov... al) the particulars abovesaid, and that in such tinple man I ,1 1 of i.h.ng ,n the said seas, bays, and other places, on the coasts of Nova Seoti. th.t is to say: on those which lie towards the east, within thirty leagues, begin g'f Article XIII. The island called Newfoundland, with the a.ljaccnt isIaiuN shall f.-n ,1 • time forward, belong of right wholly to Britain; and to ,. e lul ' t Itow , T r;"ir:;i'::H'rr 7'^- ^-^ - - -^' --> "' ^;:::i:z tie frcich, shall be yielded and given up, within seven months from the evchan^re of e ratification, oi this treaty, or sooner if possible, by the most Ch i , 3 to those who hi.ve a commis.sion from the Queen of Grc. Bri. ,in f ,i "' Nor S..1, „. ...o. Christian King, his hei. and suc'l^J o ^ , : ZH; part o( It, o, hem. Moreover, it .ball „ot bo lawful for the subjecls o Fran-e to oit, y any place in the said island of Newfciulland, or to erect anv buih i, L? her besMles stages ma.le of boards, and l„us neee.^sarv aiul iisud IV,,- "™^^ ''"''^'^' \l n is ^?T»" 04 Jippcndix. No. r. rroa,;7T:.wo,„ rOUHTH, nrTH, UIVIUITU AMD X'WllMTUri'U AZITX0LB» (jHut itritulnniul Fuifigii l*i)werri. 4ih 5,1^1,11, »..,! "PTIIE DEFINITIVE TUEATY OF PEACE AND FRIENDSHIP BETWEEN CHEAT BRITAIN. wl'.h K"„r'o"„°ml FRANCE AND SI'AIN, CONCLUDED AT PARIS. TENTH FEURUAI" , ir63 »|iiicn. luth Kfl)- rimrj , ITli;!. The Definitive Treaty of Peace and Friendship between Ilis Britannic Majesty, the most Christian King, and the King of Spain, concluded at Paris, the loth day of February, 17()3. i. Article IV. His most Christian Mnjesty renounces all pretensions, which he has heretofore formed, or might form, to Nova Scolia or Acadia, in all its parts, and guaranties the whole of it, and with all its dependencies, to the King of fireal Hritain: moreover, his most Christian Majesty cedes and guaranties to his said Uritannic Majesty, in full right, Canada, with ail its dependencies, as well as the Island of Ca|)e Hreton, and all the other islands and coasts in the gulph and river St. Lawrence, and, in general, every thing that depends on the said countries, lands, islands, an, nml (ishing-vesseln. ?;m,''p'm".r' " The thirteenth article of the treaty of Utrecht, and the method of carrying on the ' We have now made several preliminary proposilions, which the English Minis- ter, Mr. Oswald, has approved, and sent to his Court. lie thinks they will be ap- |)rovcd there, /lut I hare some doubts. In a few days, however, Ihe answer expected will determine. By the first of these articles, the King of Great Britain renounces for himself and successors, all claim and pretension to dominion or territory within the thirteen United States; and the boundaries are described as in our instructions; except that the line between Nova Scotia and New England is to be settled by Com- missioners after the peace." •I T Extract of a letter from Dr. Franklin to the Hon. R. R. Livingston, dated Passy, Sth December, 1782. "You desire to be very particularly acquainted with 'every step which tends to a negotiation.' lam, therefore, encouraged to send you ihe first part of the Journal, which accidents and a long severe illness interrupted: but which, from notes I have by nie, may be continued if thought proper. In its present state it is hardly fit for the inspection of Congress— certainly not for public view. I confide it, therefore, to y our prudence. "The arrival of Mr. Jiiy, Mr. Adams, and Mr. Laurens, relieved me from much anxiety, which must have continued, if I had been left to finish the treaty alone ; and it has given nic the more satisfaction, as I am sure the business has profited by their assistance. " Much of the summer had been taken up in objecting against the powers given to Orcat Britain, and in removing those objections; in using any expressions that might imply an .icknowledgment of our independence, seemed, at first, industriously to be avowed. But our refusing otherwise to treat, at length induced them to get over that dillicuily; and then we came to the point of making projwsilions. Those made by lo I . r if^m' 1 1 f I ..I 70 ^T.Y'"''- ^f '/"^ "";'''"'' ''"'"'"•^ ''"' ""^»' °f '•'^ »'»'«'• gentlemen, you will find in the enclos- t ?''' '• '''^''^ '^'" "^"^ ''y "^^ *^"''^'' Plenipotentiary to London, for the ^^aZl'v^!; ^'."« * '^""'"deration. After ,ome weeks, an Under Secretary, Mr. Strachey, arrived co,r..»,„.,..„ce, tvXh ivhom We had much contestation about the boundaries, and other articles which he proposed. Wc settled some, which he carried to London, and returned with the pr«po.„t,ons.some adopted, others omilted or altered, and new ones added; which you w,l see in Paper No. 2. We spent many days in discussing and disputing, and, at length, agreed on and signed the preliminaries, which you will receive by this con- veyancc. ' Paper No. 1, above rej erred to. Articles agreed upon by and between Richard Oswald, Esq. the CommiMioner of His Bruann.c Majesty for treating of peace with tire Commissioners of tfie United States of Amenca, on the behalf of his said Majesty, on the one part, and Benjamin Fnnk- l.n and J hn Jay, two of ,he Commissioners of the said States for treating of peace with the Commissioner of his said Majesty, on their behalf, on the other part Whereas, reciprocal advantages and mutual convenience are found, by experience to form the only permanent foundation of peace and friendship between States itt agree to/.«..M««r/We,o, .heproposed treaty on snehprineV-f/.^^^^^^^^ ty and rec^proctty, as that partial advantages (those seeds of discord,) being excLed ...^.beneMalandsati^actory intercourse between the two countries L; it tablM, as to promise and secure to both the blessings of perpetual peace and har- 1st. His Britannic Majesty ack ..owledges the said United States, viz: New Hamo shire, Massachusetts Bay Rhode Island and Providence Plantations, Connect Z New York New Jersey, Pennsylvania, D.iaware, Maryland. Virginia, North Crdi-' elaimstr """"''■ '"' '"''"""' '^''^ "-"-'' -lessors, relinquishes d daims to the government, proprietary, and territorial rights of the same, and every par daresof the saul United States may be prevented, it it is he,.by agreed and declared , that the following are, and shall remain to be, their boimdaries, viz • JoVn' ^'f :?^'^''°""''^^; ^'-'^.^.V « i''"^'oi>edra,^.yro,nihenorth.a,estan. gle o/Aova Scot,a, ^ong the high lands urtant to Britain as that their views might corr.si,ond with ours on that subject. Their poss^.ssing the country on the river, norta of the line from the Lake of the Woods, affords a foundation for their claiming such navigation. And as the importance of West Florida to Britain was, ior the same reason, rather to be strengthened than otherwise, we think it advisable to allow them the extent contained in the separate article; especially as, before the Nvar, it had been annexed by Britain to West Florida, and would operate as an addi- tional inducement to theirjoining with us in agreeing that the navigation of the river .should forot or remain open to both. The map used in the course of our negotia'ions was Mitchell's. As we had reason to imagine that tho articles respecting the boundaries, the reiu- gccs, and lisheries, did not correspond with the policy of this Court, we did not communicate the preliminaries to the Minister, until after they were signed; and not even then the separate article. We hope that these considerations will excuse our having so tar deviated from the spirit of our instructions. The Count dc Vcrgennes, on perusing the articles, appeared surprised, hut not displeased, at their being so fa! vorable to us. Wo beg leave to add our advice that copies be sent us of the accounts directed to be taken by the difTcrent States, of the unnecessary devastations an.l sufferings sus- tained by them from the enemy in the course of the war. Should they arrive before the signature of the definitive treaty, they might possibly answer very good purposes We have the honor to be, Sir, with great respect, your most obedient and most humble servants, [Signed] JOHN ADAMS, B. FRANKLIN, JOHN JAY, HENRY LAURENS. No. 9 K.xtrartH froi?i I>r Fnitiklin'Hl'rl- xuie CorruHiiunil. 19* I f APPENDIX, No. X. I ,i i-t GRANT OP NOVA SCOTIA TO SIR WILLIAM ALEXANDER. ' Bl DATED TENTH SEPTEMBEH, 1621. [Ex Regigtro Magni Sigilli, Lib. L, No. 36.] Carta Domini Wilklmi Mexandn Equitis Dominii et Baronix Nom Scotia! in JipF'-ndix. America.— {10 Sept. 1621.) No, 10. Gr.'TT'Nov. •'''"°^"' "^' 8™*'« ^"^"^ Britanniae Franciae et HiberniiE Rox fideique Defensor £""Ci„^JI; 0'""'''"'' P'o''''' hominibus Totius terras suae Ciericis et Laicis Salutcm Sciatis iNos lou. Sep.. 1621. semper ad quamlibet que ad decus et emoluraentum regni nostri Scotie spectaret occa- sionem amplectandum fuisse intentos nullamque aut faciliorem aut magis innoxiam acquisiUonem censere quam que in exteris et incultis regnis cubi vita; et victui siipne- tunt commoda nobis deducendis coloniis facta sit presertim si vel ipsa regna culloribus prius vacua, vel ab infic'elibus quoa ad Christianam converti fidem ad Dei gloriain in- terest plurimum insessa fuerunt, Sed cum et alia nonulia regna et hcc non ita pridem nostra Angi.a laudabiliter sua nomina nobij terris acquisitis et a so subactis indiderunt quam numerosa et frequens divino bcneficio liaec gens hac tempestatc sit nobiscum re- putantes quamque honesto aliquo et utiii cuitu cam studiose exerceri, no in deteriora ex ignavia et otio prolabatur expediat pierosque in novam deducendos rcgioncm quam coloniis compleant operis pretium duximus qui et -limi promp.itu.li-ie ot alacritatc corporumque robere et viribus quibuscunque diffic .tatibus si qui alii mortalium uspi- am se audeant opponcre Hunc conatum huic regno maxime idoneum indc arbi.ramur quod v.rorum tantummodo et mulierum jumentorum et frumcnti non etiam necunia transportationem postulat neque incommodum ex ipsius regni mercibus retrihulioncm hoc tempore cum negoiatio adeo immunita sic posset reponerc Ilisce dc causis .sicuti et propter bonum fideie et gratum dilecti nostri consiliarii Domini Willclmi Alcxandri Equilisscrvitium nobis prestitumetprestandum qui propriis impensis ex nostratibus primus externam banc coloniam ducendam conatus sit diversasque terras infra dcsie- natis l.m.tibus circumscriplas incolendas expetivcrit. Nos Igi.ur ex mgnli nostra ad Chnstianam religionem propagandam at ad opulcntiam prosper! t..tcm paccmouc nntu- ral.um nostrorum .subditorum dicti regni nostri Scotie acquiren.lam rura sicuti alii Pnncipes extrane, m talibus casibus hactenus fecerunt cum avi,,a,nenlo et cor.scn.su pre dilecu nostn consanguinei ct consi liarii .loannis Comitis de Mar Domini I-lrskin et Gareoch summi nostri Thesaurarii computorum rotulatoris coliectoris ac Tbcsaurari, novarum nostrarum .ugmentationam hujus regni nostri Scotie ac roliquorum Domino- rum nostrorum Commissionariorum ejusdcm regni no.stri Dedimus Conce.ssimus ct Disposuimus tenoreque pres.ntis Carte nostra Damus Conccdimus et Disponimus prc- , • ^r'"° ^ '"'=.'""' ^''^''»"''^° '"'-''"'"^ -- vel assig„...is qu.bu.scunque hercdi- tan. Omnes et s.nguias terras continentis ac imulm situatas et /acnites in 75 Mca Intra caput sen promonlorium communiter Cap de Sable amellat ^«„.„^- JacenpropelatituUinem,uadra,inta trium ,raUuum. aut eo circalZu^^^^^^ E^" tronahnneu versus scptentrionem a ,uo promontorio versus littus rnariZJen r — adocc.dentcmaaStalionemSar.cl.Mari. navium vulgo SanctrnZJ^Et^^^^ dtnceps versus septentrionem per directam lineam introitum sive ostZ maZ ^ ^"^' Mus stat^oms na.ircm trajicicn. ,ue e^carrit in terre arientatem ptaSJnZ reg.oncs Sun,uorum ct Kteche minorucn vulgo Suriguois et EtecJmineadflu vncmvugo nomine Sancte Crucis . ,pellat. Et ad scaturi,inern7eZZJal s^ve/ontem e. occidentali parte ejusdem ,ui sc primum predicto flZoZZZ undeper .mag.nariam directam lineam ,u. pergere per terram sen curre7verZ septentnonem co.cipietur ad pro.imam navium stJionemJl avium v ZZ^ nem u. magna fluvio de Cannada se se e.onerantem Etal, eo perJendoZrsns orrentem per maris oris littorales ejusdem Jluvii de Canada adfl^LTsZtZ'm navium portumaut littus communiter nomine de Gathcpe vel Oa^ienoumZ appelatumEtdernceps verus Euronotum ad insulas BaaUaos rTLpBrUtol vocat Bet.n,uendo easdem n.sutas a de.tra et voraginem dicti mag,'Z^2 Canada su. ma.ne stationis navium Et terras de Neu,fundland cum insulsZ dc Cap Bnl ton predict. Jacen. prope latitudinem quadraginta aJnaun .m^, , a.Ueoci.ca Eta dictopror^ontoriode Cap BHttLcr:!::!:^:^:;^Z -f predict Cap Sable ubiincepitperamoulatioincluden.etcomprehend^^^n^^^^^^^ dictas mans^as littorales ac earum circumferentias a mart ad mare OmnTter ras comment., cum fluminibus torrent ibus sinibus littoribus insali. aut marbL Jacen prope aut .^ra se. leucas ad aliquam carundcm partem e. occiZtali boreaU vcl onental. partitas orarum littoralium et precinctuum earundmEt abLuronofo^ubijacet Cap Brit ton, et e. australi parte ejusdem (ubi est Cap de Sable) Ommamuna ac insulas versus meridiem intra quadraginta leucas dltl n»« orarum Httoralium carundem ma«„a,n insulan, vulgari J appelir Y Lde Sable vol Sablon .ncludcn. Jaecn. versus Carban. vulgo South south eZ ci a trilta eucasad.cto Cap Written in .ari Et cxi.en. iu latftucHne .uadragi^^ aJZ duum aut eo c.rca Quequulem terre predice o.nni tempore . a.m.ro Ll2 Nove Ico- l.e m Amenca gaudebunt Quas ctiam prefatus Dominus VViHehnus in partes et portic nes.s,oute. y.sum fuent dividet, iis.iemque nomina pro bone placi.o line., I I omn.bus fod.n.s tan. reg.libns nuri et argenti quam aliis fodinis foJplu^bi p" stonn. icns ac alns n.ineralibus quibnscunque Cu.n potestale effodiendi et de terra eSb derecausand. pur.fieandi et repur^andi easdem et convertendi ac utendi suo p onrL usu. aut alns us.bus qn.buscunque sicuti dicto Domino Willelmo Alexander hnredLs M-.s ve lass.gna.KS aut lis qui .suo loco in dictis terris stab=Mri ipsun, contigerit vi n fuer,t Kcservando solum.nodo nobis ct successo.ibus nostris docimam partem .nelalli vulgo core aur^ct argenti quod c. terra in posterum eflodietur aut lucrabitur Kelin- quen d.cto Dom.no Wilie.mo sui.que pre.lict. q.odcunque ex aliis meta 1 s i cha ,b.s ferr. stann. plumb, aut aliorun. mineraliun. no. vel successores nostri quovis' olic arc poss,t Unacum n.arganti. vulgo IVarle ac lapidibus prrciosis quibuscunque nlMS lap,cui.n,s s.lv.s vi.gultis mossis m.-rcsiis lacubus aquis pilca.ionibu tarn in q nod. lat.hr, . hored.la,„en..s quibuscunque una.um plenaria potestuto privilegio et it X >"" -ir T""'' ^^"-t Cancellarie imperpetuum Cumque donSione patr. at*,,: ,ure cccles.arun. Capellan.arum et benefioiorum cum tcnentibus tenan- •r.'set . .re tenent.um servUi.s carundem Unacum Ofllciis Justiciurc ct Admirali- ■s respecfvo .nfra ^,.nes bond as respective supramentiona.as Una etiam cum p t- t c. .tatcs .bcros burgos lib.ros port.s villas et bu.gos b.uonie crigcndi Lira etna„d.n.s.„frabonUas dictarum terra.u. Consti,uendTcur..u3 JuMici'i t ^a" 1-1 ml ^ 1 1 :■ 76 tQppendi.r. Nu. 10. fJrnilt iiT N'nvfl HcnIialoCir Wil- ralitatis infra limites dictaiiim tcrrarum fluviortim portuiini ct inariiitn tciicndi Una ctiam cum potcstatc imponcnili levandi ct rccipiendi Omnia tolonia Cipsiumas anchoragia alia^qtic dictorum biirgnruni fuioiiim nundirianini et liheroinm portmnn (ievorias ct cisdem possidcndi et gaudcndi adco lijjerc in omnibus rcspcctibus sicuti qiiivis baro major aut minor in boo regno nosiro Scotiu gavisii.s est aut g.mdero poterit quovis tempore preterito vei t'uturo Cum Omnibus aliis prerogativis privilcnis Immunitatibus dignitatibus casualitalibus proficuis et devoriis ad dictas Icrras mtiiiu ct bondas earuiidcm s])cclan. et pcrtincn. ]']t que nos ipsi dare vel concedere possu- inusadeo libera et ampia forma siculi Nos aut aliquis noslrorum nobiliuin progenitorum iliquas cartas patcntcs literas infcofamenta donationes aut diploniata coneesserunt cuivis subdito nostro cujuscunquc qualitatis aut gradus cjivis societati aut communi- lali tales colonias in quascunquo partes extraneas deduccnti aut terras extraneas inves- tiganti in adeo libera et ampla forms, sicuti cadem in bac prescnti carta nostra insercrctur Kacimus etiam constituimus et ordinamus dictum Uominimi Willclnium Alexander heredes stiof. aut assignatos vel eorum depulatos nostros lieroditaros locum tenentes gcncrales ad reprcsentandum nostrain personam regalem tan per ?««;•(■ quam per tcr- ram in regionibus marls oris ac linibus jjrcdict. In pctendo dictas terras (piamdiu illic manserit ac rcdcundo ab cisdem ad gubernandum ct regendum et punicndum omnes liostros subdito? f[Uos ad dictas terras ire aut casdem inhabit.ire contigerct aut tpii ncgo- tiationem cum cisdem suscipient vel in eisdcm locis remanebunt ac cisdem ignoscen- dum Et ab siahlliendum tales legis statuta conititutiones dircctiones instructiones for- mas gubernandi et magistraluum ceremonias inira dictas bondas sicuf ijjsi Domino >V)llelmo Alexander aut ejus predict, ad gubernationem dicte regionis ct ejusdem incolarum in omnibus causis tarn eriminalibus quam civilibus visum iluerit ct easdcm kige', rcj^imina formas ct ceremonias alterandum et mutandem quoticssibi vel suisprc- Jictisi>ro bonoct commodo dictc regionis placuerit Ita ut dicte leges lam iegilnis hujus regni iiovii Scotie quam fieri possunt sint Concordes volumus etiam ut in casu reliel- iionisautscditionis legibus utafur militaribus advcrsus dclinquentes vel imperio ipsius sese subtrahcntcs adeo libere sicuti aliquis lociin, Icnens eiijus vis regni nostri vel dominii virtutc officii locum trnentis babent vrl babere possunt Excludendo onmes alio, ofliciarios bujus regni nostri Scotie terrestres vel maritimos (pii impostcrnm aliquid juris clamci commoditatis autboritatis aut intercsse in ct ad dictas terras aut jirovinciam predict. Ve! aliquam inibi Jurisdiclionem virtute alicujus preccdeiitis disposilionis aut diplomatis pretendere possunt Et ut viris bonesto loco natis sese ad expcdilionem istam subeundam ot ad colonii plantationcm in dictis tcrris addatur animus. Nos pro nobis nostris(|ue berodibus ot siiccessoribus cum avisamento et con- sensu predict. Virtute prescnlis carte nostre I)am;is et concedenius liberam et plena- riam potestatem prcfato Dornino Willclmo Alexander .suis(p)0 predict. Confercnili lavores privilegia munia et bonores in dcmeretilcs. Cum plcu.'.rea pnfcstate iisdem aut eorum ilirui quos cum ipso Domino Willelmo suisque predict. Pact iones vol co,.. tractus facere \no cisdem terris contigerit sub .subscription;- .sua vel suorum predict. Etsigillo infra menlionato alinuair porlioiiem vel jiorlioiies dictaruni tcrrarum por- luum navium .stationum fluviorum aut jiremissorum alicujus partis (lispoiieudi ct extra donandi. Krigendi cliam omnium generiim macl-.inas aiies facultaus vel scientias aut easdcm cxcrcendi in toto vel in parte siculi ci pro bono ipsorun. visuia fuerit. Dandi etiam concedendi ct attribuendi talia officia ti'ulos Jura et pclestales consti- tuendi et designandi tales capitaneos ofliciarios ballivos gubmialorrs omnescpie alios legalitatisbaronieet burgi otliciarios alio.squc niini.strosjjro adniinislrationc.Iuslitia infra bondas (iictaruni terraruni aut in via duni terras istas petiint per Diiirv at ab cisdem redeunt sicuti ci nccessarium vidcbitur secundum qualitates condilioncs et persona- rum r.icrita quos in aliqua coloniarum dicte provincia aut aliqua cjuMlem parte babi- tare contigerit aut qui ipsorum bona vel fortunas pro commodo et ii'icremento ejusdem pcriculo cominittci-.t ct cosd-jm ab ofllcio rfnovcndi allcrandi -.'t irulaudi proul cL 77 suisquc prescript, cxpcdiens vidcbitur Ft cum hujns conntus non sine magno labore el JlppenJix. suniplibuii Hunt mngiiamquc peciinie largitioncm lequirant adeo lit privati cdjiwvis fortunas cxredent ct iriuitorem suppcliis iniliueant Ob qiiam causam prefatirs Uu- Gram or No» ininus Wilielmus Alexander siunuo preHcripl. cum diversis noNtns subditis aliisque nnm Aip<(iii(>er, pro pariiculanbus pcriclitatiunibus ct susccptionibus ibidem. tjui forte cum eo Buisque heredibus assijijnatiis vei dc|.>iiiatis [iro tcrri.s piscatioiiibus mcrcimoniis aut popiili transportatione cum ip.sorum pccoribus rebus et bonis verxu.s diclam No- vam Scoliam contractus inibunt Volumus ut quicunqiic tales contractus cum dicto Wilieimo suisque predict. Sub ipsorum .subscriptiunibus ct sigillis expedient lim- itando asitignando et afligendo dicni et locum pro pcrsonnrum bonorum et rerum ad navem deliberatione sub pena et fori.sfactura cujusdam monete summe et eosdem contractus non perflcieiit scd ipsum fustrabunt ct in itinere designato ci nocehunt Quod non solum dido Don.ino Wilieimo suisque predict, poterit esse prejiidicio et nocuniento vcruni cliam nostre tam Inudabili intcnlioni ob.stabit et dctrimeiitum inl'eret Tunc licitiim erit prefato Domino W-JIclmo suisquc predictis vel corum deputalis et cjuscrvaloribus inl'ranientionalis in eo casu sibi suisve pre- dict, quos ad hunc cflectuin substituct omiies talcs summas mons^tc bona et res forislaclas per talium coiitractuiim violationem assumcre Quod ut facilius fiat et luRuui prolixitas evitctur Dedimu.s et Conccssimus tenoreque prcsenlis Carle nostrc Damus et Concedinms |)lunariam liccntiam liberatcm et potestalcm dicto Do:iiino Wilieimo suisque licrudibus et assignatis predict. Eiigcndi nomiiiuiidi assiirnandi et ordinandi liberiatam ct privilcgiorum per presentcm Carlam nosirani sibi suisque predict. Con- cessorum Coiiservalorem Qui expedite excciitioni leges et statula per ipsum suo.xque predict, facta secundum polestatem ei suisque predict, per diciani nostiam cariam coiicessam demandant Volumusque et oidinanius pole.sialem dicti ConsiMvatoris in ac- tionibus et causis ad personas veri"i;i» dictam plantationem contraheiilcs s|)ectaiitibu'4 absolutam esse sine ulla appellalione aut procrasiinatione quacunque Quiqiiidem Con- servator possidebit et gaudebit omnia privilej^ia Immunitale.^ liberlates ac dignilates quascunque que quivis Conservator Scoticorum privilcgiorum apud extrancos vel in Gallia Flai'.dria aut alibi hactenus possidcrunt aut gavisi suiil quovis tempore prcderito Et licet omnes tales contrael.is inter dictum Domiuum Willolum suo.vj le predict, et predicto.s perirlitatores per periclitationem et traiisportaiioi:em populorem cum ip.sorum bonis et rebus ad statulum diem perficicnlur. Et ip.si cum suis omnibus pccoribus et bonis ad iittus illius provincie animo coloniam ducendi et remancndi appelleiit. Et nihilominus postea vel omnino provinriam Novie Scotie el ejusdcm confiiiia .sine licencia dicti Domini Willelmi cjusque predict, vel eorum deputatorum vel socictatem el coloniam predict ubi prinuim combinati ct conjuncli fuerant derelinquent ct ad agrcsles indigeiias in locis rcmotis ct desertis habitandum .se se contercnt (iuod tunc amittcntet fori.ifapient oninei terras prius iis conce.ssas Omnia etiam bona infra omnes predicta.s boiidas. Et licilupi ciit pi nlicto Domino Wilieimo suisque predict. Eadem tisco applicnre et casdem terras ivi'eguo.icore eiidtn..(Ue omnia ad ipsos vel eorum ali- quem quovisniodo spectantia possidere ct suo pcculiari Usui suoruuKjue predict, coiiver- tcre Et ut omnes dilecli no.ntri subditi tam regnorum nostrorum et doniinioriim quam alii oxtranei quos ad dictas terras autaliquam carundcm partem ad mercimonia contra- henda navigare contigerit melius sciant et obedientes sinl potestati et aucloritati per nos in predictum fidelem nostrum consiliarium Dominum Willelum Alexander suos- quc predict, collate in omnibus talibus omisionibus warrantis contr.ictibus quas quovis temj)ore futuro faciei concedet et constituel pro decenliori et valideori constitu- lione officiariorum pro gubernatione dicte colonee coucesisione lerrarum el executione Justicie diclos inhabilantes periclitanles deputatos factores vel assignatos langen. in aliqua dictarum terrarum parte vel in navigalionead easdem terras. Nos cum avisamcn- lo ct consensu predicto ordinamus Quod dictus Dominus Willelmus Alexander suiquo predict, unu.n commune sigillum habebunt ad ofEcium locum tcncntis Juslioiarie et 20* if; :i U i 78 H.SZ,1.~vvI,' '"''^^ "«»»" '""'•«"'» in^culpentur cum hi, verbis in e uirctcu o m '"VT trorumquc succcsnorum cum his verbis fPro Nov. S , 7 '*^" "'"'"■" "'"• exemplar in manibu. ac custodia d ct o ,~.We;^^^^ ^r '""""^^ ^"^'^ J"'*"" ret in officio sue utctur Et cum maxime el:, ™^ """'" quot quot dicam provinciam Nove Scotie vee.uT 11 ,'^.'' "*""" '"'''"' .nder s.nsquo predict, et eorum deputatis vei a.iquibus aliil Xlo!!' s I "" et muM.stn« quo. ipsi conMituent lib.ra-n et ab,ol Lm potesta Im r r "" affinitatem amici.iam mutua coiloquia operam ct coTnml *"<•'«"•'-' P«''em illisaboriginibuset eorum Princinibus velTh "°'"'""" ""»"«'" """^ «KreMihus in ipsos habentibus contrahendi : J ^T:::!' 7"""" " ''"^""^"' ip«3velsui predict cum ii. con.rahent ll e rJl!"''''" ''^ ^°^ .estres fideli.er observentur. Quod nisi fi.tTr c ' n " ""T ''' '""'^ ""■ pcsun. in ordinem .icu.i die to WiHelm sut e prediereM" T T'"' "'^«' entia et Dei servi.io ac stabilimento ^ZZTJcZ^^J^^^^^^^^^ '°"°" "''""- ipsos expediens videbiu.r Cum po.es.ate etia^ re^ir^Z '^ il "vr T su.sque predict, per ipsos vel eorun. deputos subs.itutos vel li'nato nrTi ^ fensione tutela omni tempore et omnibus jus.is occasTon buT nn^ 7 '""'T '''■ exJnopi„,.,o invadiendi expe.lendi ac armi^ repe.,r:i::tVr;rm;Tt ^^ omn.bus mod.somnes et smgulos qui sine speciaii licen.ia dicti Domini Wiire/misloZ que pred.ct terras .nhabitare aut mercaturam facere in dicta Nove Scoti rl neTa ut quavis ejuHdem parte conabunt-r Et similiteromnesalios quoscunqueaniajZ iT detrimenti destructionis lesi.nis vel invasionis contra p ov nciam ill ' ^ T"' ■ncoias inferrepresumuntQuod ut facilius fecit licitunrerde.o Dn;oV;]i;t'" «u.,que predict, eorum deputatis factoribus et assigpalis con.r Hm "* dine talibus temponbu^ .sicuti dieto Domino Willelnm ,m:.^ quovis alio or- videbi,urOmnesno.,trossulK,i.o.infradier,imi tct^^^S^^^ habuan.es et mercimonia ibidem exercentes convocare pro me exercTuum 1^ .anorumsupplementoetpopuli et plantationis diotarum terrarum a^trtio" et" ■ n remen.o cum plenar.a po.esta.e privilegio et iiberta.e dicto Dom!„rS, Jo Alexander su.sque predict, per ip.os vel eorum sub.sti.utos p.r quevi^^;^ u nostns insigniis et vexillis navigandi cum .ot navibus tanti on^isj Jm Ol t^one viris e. victualibus instruCis sicuti possunt para, quovi m ret^ t.r:;; vulebuur exped.ens ac omnes cujuscunquo qualitatis et gradus perso'Isubd li no, tium immediate setuo ZtZTZlZT ""'T ''''"''''''" '''"' '^'^ P^^^"" 1 mnioendo Quamquidem solam eommoditatem per spatium 79 trcJecim annorum inposterum libcre conccMimus tenoroque prwenli, carte noslre ^„„,«^.« conced,.u,ct di^poni.n. dicto Do.ino Wiliel.o .ui«,uo predic. .cuntm pt ^o't"" port.onem qu.nque pro centum posteamentionat. Et po.t tredecim illo anno, finite, o " T^ l.c.tum ent nob.» noatri^que aucce.«oribua ex omnibu. bonia et mercimoniia aue e, hno «-"•"»«..%• reitno noatro Sroll« »,l .„n,l„.« .„.„:...: ■ . . '"«"^''""°""» que ex hoc ii.,„ ai„.„ . ■'■"•"""'' """"»ci mcrcmioniia aue ex hoc ;.„i, . regno noatro Scot.e ad eandem provincian. vel ex ea provincia ad dictum re.num no^ "'^'^^ trum Scot.e exportnbuntur vel importabunlur in quibuavi. huju, regni noatri portubua perdictum W.lblmum auosque predict. Tantum quinque libraa pro centum aecun! dum antiquam neg,.t.an.ii morem sine ulla alia impoaitione taxations cuatuma vel deboria ab rpa.a .mperpetuum l.rare et exigcre Quaquidem aumma quinque HbraruM pro centum s,c aolula per dictum Dominum Willelmum auoaque predict aliiaoue nostrm offiewrii., ad hunc cfTectum con.titutis, Exinde licitum erit dicto Domino Wil. lelmo au.aq<.e pretlict. eadem bona de no.s.ro hoc regno .-icolie. In quaavia alias partes vel reg.ones extraneaa sine alic,,jua alleriua custums taxationia vd devorie solutione nob.g vel nostr.a hcredibusaut auccessoribus aut aliquibus aliia transportare etavehcre Provso tamcn quod dicta bona infra apalium tredecim menaium post ipaorur, m. quo! V|s hujus regn. noairi porta appulsionem navi rursua imponantur Dan. el conceden abHolutam et plenar.am poteatatem dicto Domino Wdlelmo auiaque predict, ab om' mbus nostns-subdilia qui colonic ueJucere merciu.onia exercere aut ad easm aut Statuum in fadere nobiscum exi.te.,, ..I, li,o. quo.l tali injuril sic Obi ta aut y,m quere a de super mota ,>er aliquem Regem Frincipem Gul,.rn«.oren, Sta u.„ vel eorun, ..bd.to, predict. Nos no.ni herede, et succesJre, publiea. procla- mat,ones(.er.curab.n„n .n ai.qua , ...e dicti regni no„ri Seotie ad h,.„c eLt.nu per prera.a.Hprool.n,at.onc.li„mando plenane reMituent quo eunquo bona sic oil pro .l.et.s .njurn. omn.,„odo .ati.faeiant Ita ut dici Prineipes aiiique ,ie conqu^ cnte «a .aiaetos so e««.. reputent Et quo. ,i .alia raciuora eo,nmi.,.ut Lua obla.a' . pro ec,o e et tu.ela n.nnme erunt Et q, . ,,citum erit omuibu. PHncipibus . Z predict del.nquen.c. eos ho.tiliter pro.,..qui et iuvadere Et licet nemiue.n uob,. 'm au genero.su,., de pa.r.a bac sine licencia noa.ra decedere ,,.atu.«m .-ft N.hilomiuu, volumu. quod pre^en, boc Diploma .uffieiens erit licencia et warrantum ou.nibuT u e hu,.. . nnen commaten, qui le.e nuje.tati, non sunt rei vel aliquo alio a,.eciali ma .- .la.o .nb,l,>t, A.que et.am per presen.i. carte nostre tenorem deelaramu, vobuuuHquc quod nemo pa.na bac decedere pennitta.ur ver..s diota.n Novam ScoUam nullo ,em pore n... n qu. Juramentum supromi.atis no.tre primum susceperint ad quern effectl nosper prescntes d.cto Do.nin. Willelmo sui.p.e predict vel'eorum eolervltor ve" ^=:eS:-;;rnzx:r=^.'- --;\^-r''-^ r ;z:;i:r '--r "--'- ^' ---- n-i- ;;r;- : rr r o 8 nostr,. Decl.ramus decern.mu, et ordinamus Quod omne. no.tri subdi.i qui ad i.cam .Novam Sco.,an> proliciHcentur aut ean. incolent carumque omues liber ctpos entasqu. .b. nasc. contigerit aliiquo omnes ibidem periclitante. bal^buu p's- etilT's "'"'r ;"""""'""" ^'^ ""^"^^'^ "''^•'•""- ^' -^-^"""" -^ i- - uper ^ospro „ob.s et ^uccessoribus nostris Damns et eoncedinn. ,lic,„ Domino Wil- lelmo Alexander su-sque predict, liberam potesta.em s.abiliendi et cudere causandi .nonetam pro commerc.o l.beriori inbab.tantium die.e provineie cuiu.v.s metal i.ue modo et qua lorma voluerint et eisdem presoribent A.q!.e etian. si que qui u d« .a super mterpret.tione aut con.s.ructione alicujus clausule in lac m" u ar a nos ra contente oceurrent Ea omn.a sumentur et in.crpretabuntur in ampli^sim form Et .u favoren, d.ct. Dom.n. VVillelmi suorumque pred.ct. Preterea Nos x nost a na seen Ua propno motu auctorita.e regali et potestate regia fec.mus univimus annex i! mus eroxnnuscreav.mus et .neorporavim-u. tenoreque presentis carte nostre facimu, un.mus annexamus er.g.mus ereamus et incorporan.us Totam et iutegran. predictam prov.nc.am et terras Nove Seotie cum omnibus earundem limitibus et LnV ae mine Siniir^'rT'.f "'' '^■""^ <=''-'"''-'-"' --' f--liiaque quibuscunquo fod.n.8 margant., lap.d.bus prec.os.s lapicidinis silvis virgultis mossis mlrresiis lacu- u. aqu.sp.seat.on. us Um in aquis dulcibus quam salsis L regalium piscium quam al.c :.m C.v.tat.bus hbens portubus libe is burgis urbibus baronie burgis „,«m poZ •I bu. anchoragiiimnchinismolcndini, ofTicii. et Jurisdiction.bu.omnisbuinuc aliisgenc n.l.t«r et partirularitcr Hu,,r.mcntiona,i, In unum Integrum el lib^rum dominium ct Bamiuam per prod... , nomen Novnc Scotia omni hmpore fuluro apHland. Volu- n,ns,|ue ot conr^dunus ar pro nobis ct .ucceworibn. no.tri, Dccerni.nu. ot ordinamu. Quod un.ci. sa..na nunc ,K.r dictum Dominum W ,l|elmun, .uo»q.«. predict, omni torn- pore uauturo «uper aliquam p;,rtcm fundi dictanun terr.rum ct provincie prescript S .b.t .t HulLmens crit aasina pro tota rogione Cum omni.u. partibus pendiculia pri- vdegn. ca.,uala.fbus Jiberlatibu, et immunitatibu. cjusdem ,upr. n.c-ntionatia absque abqua aha .pccal. aul particula.i Msina per ip«um .u«^v, predict. «pud aiiqu.m aiiam paricm vcl cjuml. n lo.um capiend. ,>«nc. quam «a«iuam omniaq.-o que .nde .cuuuU sunt aut ,s,.qu. po*«unt, .Nos .um avusament.. .. nonMinsu prescript, oro n.bi. et sue ceasonbu. nostris .' spen.av.mu. Tenoreque presenl.s ...r.c. nostre mo.'o subtus ,ncn- t.onat.d,.pcn*.,n ,u„perp,tuumTenen. et Hai,en. Tulum ot integr.m dic.am red- oncm ct dominium Novo Scotie cum nmnibu.ejusdem limitibus infru prmlicta mariu m.nerahbu. aur. et ..rgenti cupri chalibis stanni lerri a-ri, aliisque quibuscunque fodinia marE^ritis lap.d.bus p.eciosis lapicidini, .ilvis virgullis mossismarn .is lacubus aquis ps. ..nuMis tam .n aqui, dulcibus quam s dsis tnm regalium pim;ium quam aliorum c.vcl.t.bua l.bens burgis liberis portulus urbibuB l«ronie burgis mari. portubus an- choragns machnns molendinis officii, ct jurisdictionibus omnibunque aiiis generaliter etparticulantor supramcnlionat. Cumque omnibus aliis privilegiis libertatibus Im- mun.tat.buseasual.tatibus aliisquc supra expressi.s pref.to Uomino Wiilelmo Alexan- der heredibus .suis et assignalis l)e nobis „„«iris<,,... sucee«.oribus In feodo hereditate hbero domnuo l.ber "„„ia et regalilale imperpetuum mode supra mentionato Per omnes rectas metas el l.mites suas prou. jac.-nt in longiludine et l.tiludine In domibus edrticus edihcalis el odificaudis bosci« plani. maris marresiis v.is scmilis aquis stagnis rivoi.s prnlis pascuis et pasluris n.olendinis multuris et corum sequelis aucupationibu. venat.on.bus piscationibu. pc-tanis turbariis carbonibus carbouariis cuniculis cunicula- rus columh.. columbariis (abriUbua bra^inis brueriis el gcneslis silvis nemoribus et v.rguitis l,gn.,s lap.c.diis iapido ct calce Cum curiiset earum exitibus herezcldis blude- witis et mulierum marci.etia Cum lurca fossa sok ...k thole tbame infangliiciff outfang- be.ff vert wrak wair vetb vunnysoun pit. ot gallo.s ac cum omnibus ali.s el singulis ■ bcrtalibus commoduatibu. proiicuis asiamenti« ac justis «uiHperlinenliis quibuseuLe tam non noui.Mal.s quam nominatis tam subtus terra quam supra terram j.rocul el prone ad predict, reg.ono,,. s,K..ctan. sou juste spectare valen. quornudolibul in futurum ..bere quiete plenar,. inlegre bonorif.ce bene et i„ pace Absque ulla revocation, con- tradiruione impe. imcnto aul obstaculo aiiquali Solvendo inde annualim dictu. Domi- nus Willelmus Alexaa.lcr suique predict. Nobis nostrisque heredibus et successori- bus UMum d.manun. n.onete Scotie super fundum dictarum lerrarum el provincie Novo feootie ad feslum Nalivitati* Christi nomine albelirme si ,K)latur tantuni El quia ten- t.onc dictarum terrarum ct provincie Nove Scotie a albaf.rma predict, deficiento tern- pcstivo .1 legitimo lulioitu cujusvis heredis vel heredum dicli Domini Willelmi sibi succedeii. ,p,od diliiculter per ipsos prestari potest, ob longinquam distantiam ab hoc regno nostro eadem tcne ct provincia ratione noninlroitus in manibus nostris nostro- nnnvc hucccssorum v // '> c> / w Sciences Corporation 23 WEST .V.i^!N ST5EST WEBSTER, N.Y. 14560 (716) 872-4503 1 # \^ M ^ :\ Q w \ r^ % i^V v.. 6 ^ 89 ^^ppendlx. infra spatium septem annorum post decessum et obilum suorum predicessorum aut introilum ad possessionem dictarum terraru.n aliorumque predict, per ipsos vel eorum se?S'\Ulr^rr^«'"""'' procuratores ad hunc effectum potestatem habenles nobis nostrisoue suc- SWp?7^r'=^'''°'-'''"''»'°'"««i"'nfaciant Et dictas terr,s dominium et baroniam aliaque predict adeant et per nos recipiantur secundum leges et statuta dicti regni nostri Scotie Denique ^os pro nobis et successoribus nostris volumus decen.imus et ordinamus presentem banc nostram cartam et infeofamentum suprascript. predict, terrarum dominii et reei- on,s Nove Scotie privilegia et liberlates ejusdem in proximo nosiro Parliamento dicti regn. nostri Scot.e cum contigerit ratificari approbari et confirmari ut vim et effic ciam decret. inibi haLeat penes quod nos pro nobis et successoribus nostris dcclaramus hanc nostram cartam suflicicns fore warrantum Et in verbo Principis eandem ibi Rati- tican et approbari promittimus Atque etiam alterare renovare et eandem in amplissima lorma augere et extendere quoties dicto Domino Willelmo ejusque predict, nece^sa- num et expediens videbitur Insuper Nobis visum est ac mandamus et precipimus^di- Jectis nostris ' ' Vice comitibus nostris in hac parte specialiter constitutis quatenus post huius carte nostre nostro sub magnosigiilo aspectum statum et sasinam actualem et realem pr^fato l)om,no W.Uelmo suisque predict, eorumve actornato vel actornatis terrarum dominii baroniealiorumque predict, cum omnibus libertatibusprivilegiisimmunitatibusaliisque supra expressis dare et concedere Quam sasinam Nos per presentis carte nostre teno- rem adeo legitimam et ordinariam esse declaramus Ac si preceptum sub testimonio nostri magni sigilli in amplissima forma cum omnibus clausulis requisitis ad hunc eflectum predict habcret penes quod pro nobis et successoribus uostris imperpetuum dispensamus In cujus rei Testimonium huic present! carte nostre magnum sigillum nostrum apponi precepimus Testibus predilectis nostris consanguineis Jacobo Mar- chione de Hammiltoua comite Arranie Domino Evan Georgio Mariscalli Comite Uomino Keyth * regni nostri Mariscalio Alexandre Comite de Dumfermeling Domi- no Fyv.e et Urquhart nostro Cancellario Thoma Comite de Melros Domino Binning et Byres nostro Secretario dilecti.s nostris familiarib-is consiliariis Dominis Ricardo Cokburne Juniore de Clerkingtoun nostri secreti jigilli custode Georgio Hay ae Kin fawnis nostrorum rotulorum registri ac consilii clerico Joanne Cokburne de Ormes- toun nostre Justiciarie clerico et Joanne Scot de Scotstarvett nostre cancellarie direc- tore mditibus Apud Castellum nostrum de Windsore decimo die monsis Septembris Anno Jomm. millesimo sexcntesimo vigesimo primo RegnorLmque nostrorum annis qumquagesimo quinto et decimo nono. Per signaturam manu S. D. N. Regis suprascript. ac manibus Cancellarii The- saurani principalis Secretarii ac reliquorum Dominorum Commission- ariorum ac Secreii Consilii ejusdem regni Scotie subscriptam. H. M. General Register House, Edinburgh, Dec. 85, 1828. A faithful copy. THO. THOMSON, Deputy Clerk Register. [licessorum aut psos vel corum lostrisque suc- liaque predict, icotie Denique lus presentem )minii et regi- liamento dicti vim et effic •is dcclaranius idem ibi JRati- in amplissima diet, necessa- recipimus di- hujus carte Jalem prefato rum domiiiii libus aliisque nostre teno- b testimonio itis ad hune nperpetuum im sigillum acobo Mar- alli Comite iling Domi- no Binning lis Ricardo Hayae Kin de Ormes- larie direc- Septembris )rum annis APPENDIX, No. XI. GRANTS AND DEEDS OP SALE or TBI PROVINCE OF MAINE Airr EXTKACT8 FROM THE RECORDS OF THE GENERAL COURT OF THE COLONY OF MASSACHUSETTS BAY, RELATIVE TO THE TRANSFER OF SAID PROVINCE, Grant of the Province cr Countie of Maine to Sir Ferdinando Gorges, by Chariei I. 3d ApriL 1639 Deed of Ferdinando Gorgea to John Ucher, I3th March, 1677. Deed of John Uslier to the Masiachuselts Bay Company, 15th March, 1677. Extract, from the Recordsof the General Court of the Colony of MasMchuMtt.Bay of the 2d Oct 1678 ' ;f|° "i"" 28th May; 1679: "'"" °'«° 4.h June" 1717. OBABIT OF THE PROVINCE OR COUNTIE OF MAINE BY CHARLES I. TO SIR FERDINANDO GORGES, THIRD APRIL, 1639. Vigesima quinta para Paten de anno Regni Regis Caroli quinto decimo Uarii Tiie- mmiasion- jON, [ Charles by the grace of God King of England Scotland ^„„-„rf,% France and I.-cland Defender of the Faith &c n? u D Con ad Vitam Ferdinando Gorges Militi sibi & heredibs To all to whom theise PresenU shall come Greeting Whereas Sir Ferdinando Gor- c.T^e ..d gcs Knight hath beene an humble suitor unto us to graunte and confirme unto him pZneifVn'i* and his heires a parte and porcon of the Countrie of America now comonly called Gr.„."ifc.,.r,« or knowne by the name of New England in America hereafter in theise Presents U«. ''"'^ described by the meets and boundes thereof with divers and sundrie priviledges and jurisdiccons fo.- the welfare and good of the state of those Colonies that shalbee drawne thither and for the better governement of the people that shall live and inha- bite within the lymits and precints thereof whiche parte or porcon of the said Coun- trie wee have heretofore (amongst other things) for us our heires and successors taken into actuall and reall possession or in defaulte of such actuall and rcall posses- sion formerly taken Wee Doe by theise Presents lor us our heires and successors take the same into our actuall and reall possession Knowe yce therefore that of our especiall grace ccrtaine knowledge and meere mocon Wee Have given grauntcd and confirmed And by theise Presents for us our heires and successors Doe give graunte and con- firme unto the said Sir Fardinaudo Gorges his heires and assignes AH that Parte <"orgef. : ?»! ff |l • 84 ^i^enAx. Purparte and Porcon of the Mayne Lande of New England aforesaid beginning 1 ■ "'^ '^« entrance of Pascatawarj Harbor and soe to passe upp the same into the w„S'''„f ir.e ^'"'^ of Newichewanovke and through the some xmto the furthest heade thereof i>rovinc^M.in.. and from thence Northwesttjaras till one hundred mid twenty miles beefnished r"'.o°'£r,*'t;5""'"' •^'■'"" Pt'^cataway Harbor mouth aforesaid Northeastwards ulonge the Sea Coasts to Sagadahocke.und upp the Biver thereof to Kynybvqay River and through the same unto the heade thereof and into the Lande Northwestwards untill one hundred and twenty myles bee ended being accompted from the mouth qf Sa- gadahocke and from the, period of one hundred and twenty myles aforesaid to crosse over Lande to the one hundred and twenty myles end formerly reckoned upp into the Lande from Pascataway Harbor through Newichewanocke River and alsoe the Northe halfe of the Isles of Shoales togeather with the Isles ofCapawock and Nawtican neere Cape Cod as alsoe all the Islands and lie! Is lyeinge within fiveleaguesof the Mayneallalonge the foresaids Coasts betweenethe aforesaid River of Pascataway and Segadahockc with all the Crenkes Havens and Harbors thereunto Aelonginge and the Rerercon and Rcvercons Remaynder and Remaynders of all and singuhir theraid Landes Rivers^nd Premisses All which aaid Part Purpart or Porcon of the Mayne Lande and all and every the Premisses herein before named Wee Doe for us our heires and successors create and incorporate into One Province or Countie And -Wee^Doe name ordcyne and appoynt that the porcon of the Mayne Lande and Pre- mises aforesaide shall forever hereafter bee called and named The Province or Countie of Mayne and not by any other name or names whatsoever with all and singuler the Soyle and Grounded thereof as well drye as covered with water and all Waters Portes Ha«ns and Creekes of the Sea and InletU of the said Province of Mayne and Pre- rn.Mes4« to them or any of them belongings or adjacent as al^e all Woodes Tree. Lakes and Rivers within the said Provynce of Mayne and Premisses and the Lvmitts of the same togeather with the Fisheing of whatsoever kinde as well Pearle as Fishe as VN hales Sturgeons or any other either in the Sea or Rivers and alsoe All Royaltvea of Hawkeing Hunting Fowleing Warren and Chases within the said Province of Mayn,^ and Premisses aforesaid Deere of all sorts and all other Beasts and Fowles of Warren and Chase and all other BeasU there and alsoe All Mynesa nd Oare of Goulde Silver Pre c.ous Stones Tynne Leade Copper Sulphure Brimstone or any other Me.tall or Mynerall matter whatsoever within the said Province and Premises or any of them opened or hHlden ,n al Quama, there And all Gould Silver Pearle Precious Stones and Amber- greece whiche shalbee (ounde within the said Province and Premisses or any of them and the Ly mitts and Coasts ol the same or any of them or any parte of them or any of them and all and singular other ProJfitts Benefitts and Commodityes growein^ come ing accrueing or happening or to be had perceived or taken withfn the said Pro- vince and Premisses Lymitts and Coasts of the same or any of them and ahsoe AH Patronages and Advowsons Free Disposicons and Donacons of all and every such Churches and Chappellsas shalbee made and erc.ted within the said Province and Pre- misses or any of them with full power lycensc and authority to builde a.d eiccte or cause to be builte and erected soe many Churches and Chappell. there as to t c said Sir Ferdinando Gorges his heiros and assignes shall seeme me.te and convt nient and to dedicate and consecrate the same or cause U.e same to bee dedicated and consecrated according to the Ecclesiastical Lawes of this our Realme of England to- geather alsoe with all and singuler and as i. rge and ample Rights Jurisdiccons P.l viledges Prerogatives Royaltins Libertyes Imunitye. Franciiises Preheminences and Hereditaments aswell by Sea as by Lande within the said Province and Premises h Precincts and Coasts of the same or any of them and within the Seas belong g adjacent to them or any of them as the Bishopp of Durham within the Bishop ick" J0>tth or of right hee ought to have use or enjoye within the said Countie Palatine iiii 86 a* if (he siitne «*re herein p«rticulerly menconed and exprested To have and to houlde |>Orte«se and enjoyo the said Province and PreihiMca and Pveiy of them and all and ainguler other the Premisses before by theise Presents graunted or menconed or in- t*hded to bee graunted With theire and everyc of theire rights members aiid appur- tenances iintothe said Sir Ferdinando Gorges his h«ires and ashignes To the sole and only use 6f the said Sir Ferdinando Gorges his heires and assigns forever To bee Houldsn of us our heirei and successors as of the Mannor of East Greenwich in the Countie of Kent by Fealty onaly in fee and common Soccage and not in Capite nor in Knights Service for all manner of service whatsoever Yieldeing and Payeing there- fore yearely to us out heires and successors one Quarter of Wheate And alsoe Yielde- ing and Payeing to us our heires and successors the fifte parte of the cicerc yearely proffitts of all Royall Mynea of Goulde and Silver that from tyme to tymc and Ut hll tymes hereafter shalbee there gotten and obteyned (if any suche shalbee there founHc) and the fifte parte of all Ooulde and Silver foimde uppon the Sea Shoare or in Rivers or elsewhere within the boundes and ly milts cf the said Province and Premisses and the fifte parte of the cleere yearely profRtt of Pearle Fisheing And Wee Doe for us Our heirs and successors further Graunte unto the said Sir Fardinando Gorges his heires and assignes forever All Treasure Trove Goodes and Chattells of Felons and of Felons ef themselves Waifes Estrayes Pyrats Goodes Deodand* Fynpsand Amercia- flaents of all the Inhabitants and others happening groweinge or ariseingc in the said Province and other the Premisses or any part thereof or in «ny Voyage or Passagfi to or {torn the same aswell Ibr Oifences committed against our selfe our heires and fciccessors or thinges concer.iinge our selfe our heires or sucnessors or our proffit M Sgainat others or thingts conceminge rthers or the proffilts of others and all and til *nan«r of Wrtcks t)f Shipps or Mercharc"!?* and all that whifih to wrecke belong- eth by what means soever happening wi'i 'n or upi>on the Havens Coasts Creeks or ShoareS of the Premisses or any parte thereof And Wee Doe for us our heires and suc- cessors Create ordeyne and constitute the said Fardinando Gorges his heires and Msignes the true and absolute Lords and »>oprietors of all and every the aforesaid Pro- vince of Mayne and Premisses aforesaid and all and every the Lymitts and Coasts thereof Saveing always the faith and allegiance and the supreamc Dominion due to us our heires and successors And for the better governemeut of such our Subjects and Others Matt any tyme shall happen to dwell or reside within the said Province and Premisses or passe to or from the same our will and pleasure is that the Religion tiOWe professed in the Church of England and Ecclesiasticall Governement nowe used in the same shalbee forever hereafter professed and with asmuch convenient speede as may bee soiled and established in and throughout thj said Province and Premisses and evefy of them And Wee Doe for us our heires and successors by.tiieise Pre- sents give and graunte unto the said Sir Fardinando Gorges his heires and assignes power and authority with the assent of the greater parte of the Freeholders of the •aid Province and Premisses for the tyme being (when there shalbee any) whoe are to bee called therHunto from tyme to tyme when and as often as it shalbee reqiiisite to make ordeyne and publish Lawes Ordinances and Constituoons reasonable and not repugnant or contrary but agreeable (as neere as conveniently may bee) to the Lawes of England for the publique good of the s;iid Province and Premisses and of the In- habitants thereof by imposeing of penaityes imprisonments or other conoccons (or if the offence shall require) by takeing away of life or niembcr the said Lawes and Constitucons to extend aswell to such as shalbee pssing unto or returning from the said Province and Premisses as unto the Inhabitants and Residents of or within the same and the same to bee put in execucon by the said Sir Fardinando Gorges his heires or asssignes or by his or theire Deputies Lieuctenanta Judges Officers or Minis- ters in that bchalfo lawfully authorized and the same Lawes Onlinancesand Constitu- cons or any of them to titer change revoke or make voyde and to niakn now not ^ipptndii;. No. H. rirani, i^nloond IrniisfiT nf iho Pruvlnccol Maine. Crmilbr CliariM I- in Bir Torrf: Gursefl. m .:J^-¥ [{■■ i!r any the tinges unto ' the forms >ui!Lettera levertheles authorities r and con- >vince and the Lorda but for all ice Partes ly Landea 'appoynt- lo Gorges leise Pre- wea can- the same the said t hee the 58 or by nstituted dinances I as well re abid«> 8T ing or pas/iing to or from the same and to publishe the sam'^ to all to whome itt maye ^pptndiaf. conccrne which Ordinances Wee Doe for us our heirea and successors straightly ^°- *'• oomand to bee inviolably observed within the said Provtnce and Premisses under the G,.^;irsli.and penallie therein expressed soe as the same Gidinances bee reasonable and not repug- wr/i^oljuin".' nant or contrary but as neere as may bee agreeable to the Lawes and Statutes of ourcmbTchanw Kingdome of England and soe as the same Ordinances doe not estcnd to the binds- oorj^.*' '"* ing chargeing or takeing away of the right or interest of any person or persons in theire lives members FreehouUls Goodes or Chattells whatsoever And because in a Country soe farr distant and seated amongst soe many barbarous nations the Incur- sions or Invasions aswell of the barbarous people as of Pirates and other enemies maye be justly feared Wee Doe therefore for us our heires and successors give and graunte unto the said Sir Fardinando Gurges his heires and assignes full power and authoritie that hee the said Sir Fardinando Gorges his heires and assignes aswell by him and themselves as by his and theire Deputyes Captaynes or other Officers for the tyme being shall or lawfullye maye muster Icavie rayse armes and ymploye all person and persons whatsoever inhabiteing or resideing within the said Province or Premisses for the resisting or withstanding of such Enymies or Pyrates both att Lande and att Sea and su'h Knimies or Pyrates (if occasion shall require) to pursue and prosecute out of the lymitts of the said Province or Premisses and then (if itt shall aoe please God) to vanquishc apprehende and Uke and being taken either according to the Lawe of armes to kill or to keepe and preserve them att their pleasure And likewise by force of armes to recover from any person or persons all such Territories Domyniona Landeo PlacesGooda Chattels and Wares which hereafter shalbee taken from the said Sir Fordinando Gorges his heires or assignes or from his or theire Deputyes Officers or Servants or from any the Planters Inhabitants or Residents of or within the said Pro- vince or PremisMfl or from any other Members Aydors or Assistors of the said Sir Fardinando Gorges his heirea or assignes or from any other the subjects of us our heires and successors or others in amitie .vith us our heires and successors in the said Province and Premisses and Coasts or any of titem or in theire passage to or from the same And Wee Doe further for us our heires and successors give and ^aunte unto the said Sir Fardinando Gorges his heires and assignes in case any Kebellion sudden tumult or mutynie shall happen to arise either uppon the said Lande within the said Province and Premisses or any of them or Coastcs of the same or uppon the mayne Sea in pssing thither or returning from thence or in any such expedicon or service as aforesaid itt shall and may be lawefull to and for the said Sir Fardinando Gorges his heires and assignes as welt by him and themselves as by his and theire deputies Captaynes or other Officers under his or theire aeale in that behalfe to bee authorised (to whome wee alsoe for us our heires and successors doe give and graunte full power and authoritye to doe and execute the same) to use and execute martial lawe against such Rebells Tray tors Mutynersand Seditious Persons ir, as ample manner and forme as anie Captayne Generall in the Warrs or as any Lieuetennante or Lieuetennants of any Countie within this our Realmc of England by vertue of his or theire Office or Place male or liave becne accustomed in tyme of Warre Rebel- lion or Mutynie to doe and performe And Wee Doc for us our heires and succes- sors further give and graunte imto the said Sir Fardinando Gorges his heires and as. signcs and to all and every Commander Governour Officer Minister Person and Persons which shall by the said Sir Fardinando Gorges his heires or assignes bee (hereunto authorized or appoynted le> ve lycense and power to erect raysc and builde from tyme to tyme in the Province Territories and Coastes aforesaid and every or any of them such and soe manie Forts Fortresses Platforms Castles Citties Townes and Villages and all Fortificacons whatsover and the same and everic of them to fortifie and furnishe with men Ordynancca Powder Shott Armour and all other Weapons Munition and Habilliments of Warr both for defence and offence whatso- d n '■'< ■« I . 1 , ■ 1 i :S I'' jQ, 88 ^PPen^i.. ever a, to the «id Sir Fardinando Gorge, M. heir, and aa.ignea and e.,rie or ani. °'"'«'"»ha"»ee'ne meote and convenient A».' i:ir„™<. . « <» "na ^ ,wie or aow --"" "" o Zcratn I H """^ :"'' "^""""^ *° «'-"""^« ^""^» - Charter, of I„. raim tve'Bn I . r '"' """'^''' '^'*"'S'"'5 '" '»•« ""^e and in the aaid aeve- ral Cittyea Boroughe, and Townea to constitute .uche and aoe manie Ma.kett. MarU «n Fayres and to graunte such «ee,e Toilea Castome. Dutyea .„d Priv ei ^^ot IT ^n ": ^/ "' "'' ^" ^"•""''"''•' «-««» hia heire, ora„ig„ea ah Z Iditea Thet"f 'V'"! "'"^"""""^ '"•'^*'"''' *° '''-^ «»iffic,..tiea'and t!:! mod.uea Therefore Wee favouring the preaent beginning of the aaid Pl„„tacon and of England and l«,«,d payeing onely auch Cuatol Xb jdl a nd Dufv'eT ' naturall aabjecta of this our Realme of England ahall or JlT, . ^ **•"■ .nd to have and enjo,. a., auch Liberties l^:lt:jpt;,:/J frorr ""'^ ing the exporting of the same agayne without Davem«„; 7 * f«»' ••• «0"«rne^ Dutyeaandforhavingagayneofl^/ostsirsiZeran nZir::^^^^^^^^^^ M any of our natorall subjects of this our Realme shaM ,h. K ^ " •**■"*•* Wee Doe alsoe for us our heii^s and succ^LT'ive 1 T "^ ""^"'^ ^"'^ Fardinando Gorges his heires and assignesTuZj lo 1'"" T'*' "" ^'^ make erect and appoynt within the aafd Prolce and p"t'^^^^ authoriUe f Fortes Havens Creekes and other PI ces for th! Za T T^ """ ~' ""•"' Barques and other Vesse.lsand in s c^rd sle UnVo a!? "u "''"''' "'''''""* Jurisdiecons Privi.edges and Liber.yes ul: the Ll^r r^^^^^^^^^^ longing as to him or then, shall seeme meete and that Jl iV i """I Creekes be- Barques an , other Vessels to bee laden and unll^ a y wVJ^^IT ^Z' bee iaden or unladen att such Portes Havens and CreekesL b^ he o^^ d Jr t dinando Gorges his heires or assignes to be erertpH .„a "«»'°'*«"1 iwrFar- where within the said Province PrLTssls L^oa,! .?''"''" ""' ""' •''^- able Tones shalbee paid for the s^ZT/Zlll^Z:^^^^^^^^^ '^"- to the said Sir Fardinando Gorges his heires and a s g es to , , ! ?^!'"'°'' without aecompte to bee therefore made to us our heirs or s^l ' "^ tume matter or thinge to the contrarv thereof n„.„[. iT" ""^ """^ <=""• to an our Subjects of t,is our KingdoZo^IgLd SSS " T'''' sea as in the Creekes of the said Province and Pr^^^f^ r ^ ^^ '""^^" '" "'^ orSa,.inganddryeingoftheirePi.e3S:;f„:r.^ru:r^^^ :i^x::^;Sb:;err^X- : - r r^^^" • of us our hei.s and succesaon. shall e .ye' withJu aT nl^^^^ a "'' '''^'''' jurie to bee done to ,e said Sir Fardinando Gorge 7s hZTl , "'"' " "' Inhabitat ts of the said Province or anv of .h. P, '''"«"^' °' ^^^ doe further for us our heires and suprp,««r. ^„« j groweing And Wee 89 into Provinces Counties Citties Townes Hundreds and Parishes or sud. olher partes Jfppemlu: or porcons m lice or they shall Ihinke Ott an.! in them every or any of ihem to ap- ^"- "• poynt and allotl out such porcons of Undo for publique uses Ecclesiasticall and Tem- riraTiii;^, m i porall of what kin.le soever and to distrib.iln graunte assigno and sett over swihZZLm^^l particuior porcons of the said Territories Counties Landes and Premisses unto such ora„i";;7ch»rir, our sul)iccts or the subjects of any olher State or Prince then in amytie with us our oor'i'c.."" *■"* heires or successors for such estates and ir» such manner and forme as to the said Sir Fardinando Gorges bis heires or assigues sball sreme meete and convenient and the snid person and persons according to the said Estate and Estates soe assigned and graunled to have and enjoye the same and to moke erect and ordeyne in and uppon tlio said Province and Premisses or in and uppon any of them or any parte or parcell of them soe many severall and distincte Maniiors as to :hL' said Sir Fardinando Gorges his heires and assignes from lyme to tyme shall seemc mcele and to the same scve- rail Manners to assigne lymitt and appoynt soe miiche lande distinclely and several- lie for demeasnc Landes of the said severall Manners and every of iheni as to the said Sir Fardinando Gorges his heires and assignes shall and may soemc necessary and fitt and the said Manners or any of them to call by such name and names as the said Sir Fardinando Gorges his heires and assignes shall please the said Mannors to bee houldcn of the said Sir Fardinando Gorges his heires and assignes by such services and Rents as to him or them shall sceme meelc And alsoc that the said Sir Fardi- nando Gorges his heires and assignes shall and may alt theire pleasure graunte in freehoulde soemuch of the said demeasnc L;ndc»Tcnc ments and Hereditaments belong- ing or to bee belonging to any of the said Mannors to any person or persons theire heires or assignes for and under such rentes and sci vices as to the said Sir Fardinando Gorges his heires or assignes shalbee tliounht fat to bee houlden of the said Sir Far- dinando Gorges his heires and assignes as oC the said Mannors or any of them re- spectively The Acte of Parliament made and enacted in the eighteenth yearc of King Eilward the First commonly called (Quia Emptores Terrarum) or any other Statute whatsoever or any other matter or thinge whatsoever to tho contrary thereof in any wise notwithstandinge And that hee the said Sir Fardinando Gorges his heires and assignes shall have houlde and keepe within the saiil severall Mannours soe to bee erected suche and soe many Courtes aswcll Courte Leetes as Courtes Uarons as to our Lawcs and Statutes of England shalbee agreeable And Wee Doe further for us our heires and successors give and graunte unto the said Sir Fardinando Gorges his heires and assignes for ever all Admirall Rights Ucnefitts and Jurisdiccnns and like- wise all Priviledges and Commodities to the said Admirall .lurisdiccons in any wise belonginf, or apperteyning in anduppon the Seas Rivers and Coastes of or belonging to the said Province and Premisses or every or any of them or to the same adjoync- ing within twenlie leagues of the said Province and Premisses or any of them and ill and uppon all other Rivers a«d Creckes thereof And likewise power to heare and delenniiie all man«>cr of Pleas for and concerning the same Saveing allwayes to irs our heires and successors and to the Lord High Admirall of England for the tyme being of us our heires and successors all and all manner of Jurisdiccons Rights Pow- ers Uenefitls and authorities whatsoever incident or belonging, to the said oflTicc of Admirall which ilt shalbee lawfull from tyme to tyme to. us our heires or successors or the Lord High Admirall of England fur the tyme being to havi, use and exercise within the said Province and Premisses and the Sea< or Rivers thereof or within Iwentic leagues of the same as aforesaid wlicn wee shall thinke fitt And Wee Doe for usour heires and successors give and graunte unto the said Sir Fardinando Gor- ges his heires and assignes full power ajid uuthuritie att any time or times hereafter by him or Iheiiiselves or by his or tiieire Deputies to administer reasonable oalhes to all Judges Justices Magistrates and other officers whatsoever by the said Sir Fardi- nouido Gorges his heires and assignes his or theire deputyes to be elected att th<; J ■J u ^'^ I I'?! ^1 I? it •0 .ipptndix. cleccon of Ihem to theire Myorall office, ami place, or within convenient time. * ■ 'f'er Anil aluou that lice the raid Sir Fordinando Gorges hi. heires and osaiKno .«n"::;.';tp";;;! "'''»" ''"'« <■"" P"'*" ""J auU'orilie a.well by him and them.elve« a. by hi. or ........rM.in.. their dcputie or other Chicfe Magitfrate or Officer by him or them to beo in that hZ»iV'iV,«' ''*'^*"''' appointed to (jive and administer reasonable oathes to all or any person or ""'«'" persons of what degree or quallilie soever impIoy«d or to bo ymploye.l in or about the .aid Province Prcmitsc. and Territorie. afores«i(l or anie of them or in or about the Coasts of the same And likewise to all or .ny Inhabitants and other. that shalbee or remayne within the said Province ami Premisses or any of them for the true and faithfull cxecucon and performaunce of theire sevcrall charges and place. or for theexaiacon and cIcareioK the truth and likewise for the Ii:formacon and better direccon of his and theire judgments in any matter or cause whatsoever concerning tho said Sir Fardinando Gorges his heires orassignes or any Inhabitant member orPersoo belonging or repayring unto the said Province and Premisses or any of them or any parte of them And in all causes Accons Suits and Debates there to bee begun and pro- secuted as the nature of the cause shall require And further of our more espeaeiall grace certeyne knowledge and meere mocon Wee Doe hereby for us our heires and .ucccssors graunte unto the said Sir Fordinando Gorges his heires and assignes that itt shall and may bee lawfull 'o and for the said Sir Fardinando Gorge, his heires and assignes and every of them from tyme to tyme to sett to Sea wich and we many Shipps Pinnaces Barges Hoalcs and other Vewells as shalbee thought fitt by the said Sir Fardinando Gorges his heires and assignes prepared and furnished with Or- dinances Artillery Powder Shott Victualla Municon or other Wcap jn. or Ahi!imenla of Warr aswell invasive as defensive :n warlike manner or otherwise and with such number of Men Weomen and Children a. tho said Sir Fardinando Gorges hi. heirei or assignes shall thinke fitt such voyage into the mid Island, and Place, or any parte thereof aswell for the Planlacon and Fortificacon thereof a. otherwiw And that these Presents shalbee a sufficient Lycense and Warrant for any person or person, that shalbee by him or them sent and ymployed thither to goe beyonde the Sea. and in that manner soe as the persons soe to b e shipped sent or transported as aforesaid bee not such as are or for the tyme being shalbee prohibite. .trcngth of thi. our prc.ont graunle bco dc.iroou. (o renewe tho .am« from ... our helri., or wcccmom will, amcdmcnt of m.ch ym|K.rfercon» an.l d.foct. .. .hall np. .r.'i'.r.,';;;.";.?:' >''""■'' *"' '"^ nccc...ry to bco reformed and am.M.de.l by ,., our buirc. and .uccc«or. *...c..,^.,.,.. th.t then uppou iho humble noticon of the .aid Sir Fnrdinan.lo (;orRe. hi. heire. and ..r.„.^.va.r..aM.gnc. .uch fu.lher and belter ...uranco of ail and .inRuler the l'remi,«.. hereby graunted or n.enrone.l or in.endod to b« graunle.1 according to the true mea..eina of the.e our Letter. P..tent. .hall from tyme to tymc by u. our heire. an.l .ucce-.or. bee made and graunted unto the .ai.l Sir Kar.linand.. (Jorge, hi. heir., and a,.iKne. a. by the A.torney General! of u. our heire. nnd .u.ce..«r. for the tyme l,ei,.g and th.> Learned Uuncell of the .ai.l Sir FnMinando Gorge, hi. heire. nnd a..igne. .hall in that bchalfe bee reasonably dovi.cd or advi.ed And further Wee D«e hereby for ... our here, and 8ucfe..„r. char,lgo and commaunde .11 and .inguler A.lmirall. Vice- adm.rall. Oenerall. Comaunder. Captayne. J.,.iice. of Peace Maior. Sheriff. Hay. I.fl. Constable. Customer. Comptroller. Collector. Waiter. Searcher, and all other the officer, and Minister, of u. our heire. and .ucce..oni whalwcter a.ivell nowo a. hereafter for the tymo being to bee from tyme to tyme in all thing. av.leioK and a..,.t.ng unto the .aid Sir Fardinar,do Gorge, hi. heire. and a..igne. and to hi. and there officer, factor, and agent, an.l to cve.y or any of then, uppon reque.t made a. they ten. ier our ple....re and will avoyde the contrary att their perill. And Wee Doe w.ll and for u. our he.re. and successor. Doe declare an.l onloyne that the .a.d Prov.ncoand Premi.«,. .halbec ymediately .ubjeet to our Crowne of Knglan.le and dependant upon the same for ever And further Wee Will and by these Pre- .ent. for u. our heire. and .uccessor. Doe graunte to the said Sir Fardinan.lo GorKC, h,. he.re. and a.s.gne. that the.e o..r Letter. Patent, or the enrollment of them sbalbee .n all th.ng. and to all intent, and purpo..e. f.rme goo.l eff-ectuall and .ml .n the lawe aga.nst u. our heire. and .ucces^or. aswell in all Court, a. el.cwhero w.th.„ our K,ngdome o England or in any other our King.lomc. and Domvnion a! n the a.d Prov.nce and Fremi.se. afore^id or in any of them and sbalbee con., c" eputed and taken a.wel. according to the true meaning an.l intent a. to the uor I of the *.me mo.t ben.gnely favorably and benef.cially to and for the said Sir Fardinando Gorge, h.. he.re. and a..igno. (noe interprelacon being n.ade of any worde or sen- tenco V\ he^by God. worde true Christian Religion now taught profJsse.l and nav.i ♦eyned the fundamental! Law. of thi. Roalme or Alleagiance to u.'our he .1: 3-' Bor. may .ufl-er prej.uliee or diminueon) any .mission mi.informacon wa. "f eerta.ne expre.se of the contents lymitt. an.l bounde. or the certeyne scituZ of rt,e ,a.d P.-ov.nce and Premisses aforesaid hereby meant or n.enconed ,„ bcgn. ed or .n what he.ght long.tude or .legree. the .same are or any .fefect in the.e Pr ,t' any Lawe Statute or other cause or matter to the contrary notwitbstan.ling A d although expresse mencon bee not made of the true yearely value or cer.eynti.'of t ,e Prem,.se.orany of them and notwithstanding any mi.nameing and not Ltej^.e or part.culer name.ng of the said Province Place. La...le. Territories lIeredit...nZl^ Prem.s.e. whatsoever before by these Present, given graun.e.l c.^.-med ^e coned and .ntended to bee graunte.l or confirmed or any parte tlK=.eof or the mi^- n me.ng or not name.ng or not rightly nameing of tho dcUcs an,! Co,-..,. J Lreb Ord.naunce Proelamacon or restraint heretofore ma.le ordeyned or provido.l or any other th.nge cause or matter to the contrary notwithstanding Nlverthelc L our ■ntent and meane...g i. that out of the Premi.se. horeby graunted or n.encone I o Z graunted , ere .halbee always saved an.l reserved to'alJand e^; , p^^^^^^^^^ persons a. have or hath any lawefuU graunte or graunts of Landes or PI n.a ns ,aw- i ly .etled .„ the d.vision and Premisses afo,..id the free houl.ling and enjoye n "f h.. ami he.re r.ght w.th the J.iberties thereunto apperteyning bee or they rtl n f.l - ..g aad laye.ng downe .1! his or theire Jura Regalia (if hee or they have any) ,o tt from ii« our I a* ilinll np. nd lucco.isur* lis licirui and linscs hereby meaiieinji[ of 1(1 RUCCCMOrS (I u.i!*i){ncs as ["iiif; and thit ^nvn simll in arvUy lor us niralln Vice- herifTs Ihy- ind nil other iswell nowo i^s oydeing ■» and to his )on rcqiieirt juTills ;\nd lie that the I ICnghinde ■ these I'rc- ido Gorges nt of them d siifTicir ; I eljicivhiTc inynioiis as -' construed ; wordes of I''ar(linando rue or sen- and niayn- lor siicces- n want of ;itiiacoii of « grauiitcd e Presents . Proprietor ol the Prov.nco or Devi.ion and Prcmi«es aforc*.id and p.yeini ,on.e ^' " ' .mall acknowledgement to the said Sir Far.linando Gorge, his hcire. an.l ...igne. for a^.lir. «a hat hcc or they are now to houldc theirc .ai.l I.andes anew of the said Si. Fardin.ndo rt^oiifr orge, hi. heircH aiHl a..igne. In Wittne.&c Wittne. our solfe att VVe.tminister the .„^,.:^ third day of ApnII— i. m h(, i?.," p. lire. Private Sigillo. This i» a (rno Copy from the Original Ue.ord remaining in the Chanel of the Rolls. having been examinud. JOHN KIPLING. OBSD or n-saDiVAvso ooAoai to jobv vnoa. 13TU MARCH, 1677. This Indenture made the thirteenth .lay of March in the thirtieth year of the n..,ormrr„. Reign of Our Sovereign Lord Charles the Second by the Gr«ce of God of Knglan.l i'tt:,',!"''" " Scotland trance and Ireland King Defender of the Faith &r. Annoq Domini 1077 Hotvveen I-er.linando Gorges of Clewers in the County of Uerk. in the Kingdom of Lngland L.qr Son and Heir of John C;orges l.te of the City of Westminster in the County of Middlesex Esqr Deceased who was Son & Heir of Sir Ferdinando Go- ges late of Aston Phillips in the County of Sommersett, Knight, of the ono Part, An,( John Usher, of Uoston, in New Kngland in America, Merchant of the other Part- VV.tnesseth. that the said Ferdinando Gorges for snd in consideration of U.e sum of one thousand two hundred & fifty pounds, of lawful English money to him the sa.d Ferdinando Gorges in hand well and truly paid b, the said John Usher at & before the sealing and delivery of these Presents, The Receipt whereof the K,id Ferdi- nando (.eorges doth hereby acknowledge, & thereof & of every par* ••- <■ .i«th absolutely acquit, discharge & release the snid John Usher his heirs, Exeeuiow «c ..dmnrntralors, and every of them by these Presents, hath granted, bargained & .sold and by these Presents doth grant, bargain & sell unto the said John Usher .nd his Ileirs al that County Palatine, Part, Pu.party. or Portion of the Maine Land o New England aforesaid, called or known by the name of the Province or County o Maine, begnmnifr at the entrance of Pkcata^ua Ilarlmur Sf so to pass v» "/ TTr" "/'/r '^'f'"'' f ^'""'''''"'"""'"•^ ^'nd through the same unto the fur- fhest Head thereof, and from thence Northwestward till one hundred and ttoentv m.les hefnished; and from Pi,eato,,na I/arbour viouth aforesaid, Ahrtheastward along the Sea Coast to SngadahocK; and up the Ri„..r thereof to K,,nyl^nny River and through the ,ame unto the head thereof and ini,,- the Land Northwest- ward untdt one hundred ^. tu,enty miles be ended., being accouut^d from the mouth oj Sagodahock; S,^ from the period of one hundred ^. twcntu mites aforesaid to cross over land to the one hundred H- tivcnty miles End fnrmerU, reckoned up into the Und from Piscata,,ua Harbour through Newichewannock river: .ind alsoe the north half of the hies of Shoales together with the Isles of Capawock «• Aawt.can, near Cape Cod, as also a'l the Islands and /.lets h,in.- w.thnijve Leagues of, he Maine all along thcaforcmid Coasts between the afnt said Hirers of Piscatawa ^. Sagadahoc; and all lands, grounds, places, soil., woods, waters, rivers, lakes, ports, havens, creeks nn.l hsrbors, to the said Province Lnn.ts and Premises or any part thereof belonging, or i„ any wise appertaining, or accepted or bemg part parcell or memlK^r tl,ereof, And also all an.l singula. Roval- ties, Fishings, Royall & other Minerals, Mines of Gold & Silver or other mcfnis" or I 'I HI nu^ I 1 I, t' ; 94 .Appendix, niinoral whs'.socver, Waifcs, Estraye?, Py ratos< -roods, Dcotlands, Fines, Ame. ciamcnfs ^°' " • Wrecks Treasure Trove Goods 4« Chattels oi f^'clons and Felons of themselves. Jura twnX'onh'.'Fm. ^^S""** Powers, Rights, Jurisdictions, Eeclesiastical, Civil, Admiral Sf Military Pri- vh«ofMuiDo. ledges, Perogatives, Govcrnmentg, Liberties, Immunities, Franchises, Authorities, dSdoGmgM''.:;;^™^'^' Prehemi.iences, & Hereditaments whatsoever, with their and every of their Joh,. u,hcr. Rights, Members & Appurtenances happening, growing arrising or accruing, or to be exercised, extended or enjoyed within the said Province limits Coasts or other the Premises or any part thereof; and also all other the lands, tenements. Jura Regalia, Powers, Franchises, JiirisdicUons, Royalties, Governments, Priviledges Sf Heredita- ments whats^ver granted or mentioned or intended to be granted unto the said Sir Ftrdinando Gorfres his hei-s & assigns by Letters Patents under the great Seal cf England bearing date the third day of April in the fifteenth year of the Rei^n of our late Sovereign Lord King Charles the first, or by any other Letter-? Patents, charters Deeds or Conveyances whatsoever: And also all other tl.c lands tenements. Royalties, Jurisdictions, C overnments, Franchises & Hereditaments whatsoever of him the said Ferdinando Gorges, scttuate, lying and being, or happeninc arrising or accruing or to be exercised or enjoyed within New England aforesaid or elsewhere in America afore- said And the Reversion. & Reversions Remainder & Remainders, Rents issues. Ser- vices & Profits, of all and singular the Premises, & every Part & parcell thereof: and ail the Estate, title, interest, equity, trust, claim & demand whatsoever, of liim the eaid Ferdinando Georges of in & unto the Premises & every part and par- cell thereof, To have and to hold the said County Palatine, Lands, Tenements, Juris- dictiens. Governments, Franchises, Hereditaments & Premises tlierein before express- ed aad intended to be hereby granted, bargained, sold & conveyed, and every part and parcell thereoi", with their and ;very of their Rights, Members & Appurtenances unto the said John Usher his heirs and assigns; To the only use and behoof of the said John Usher his heirs and assigns forever. And the said Ferdinando Gorges for him- self his heirs, Executors and administrators, and every of them, doth covenant, IVo- mise & grant to and with the said John Usher, his heirs and assigns by these Pre- sents, That he the said Ferdinando Gorges (notwithstanding any act, matter or thing by him the said Frrdinando Gorges or the said John Gorges his late Father deceased, or the said Sir Ferdinar.uo Gorges done, executed or sulTered to the con- trary) now is and standeth seized of an absolute, perfect & indefoasable Estate of in- heritance in fee simple of and in the said County Palatine, Lands tenements, Jurisdic- tion« Governinonts, Franchises, Herelitaments and Premises hereby gi anted &, con- veyed, and every part & parcell thereof, with their h every of their Rights, Mem- hers and appurtenances, without any manner of Conditions, Restraint, Contingency, Limitation or Power of Revocation to alter change, Clog, Evict or Determine the s^ame, and also that 'he said Ferdinando Gorges for and notwithstanding any act or thing as aforesaid, now hath full power, tru . title, real interest, jind aiisolutc authority 1o gn.nt and convoy the said County Palatine, Lands, Tenements, Jurisdictions, Gov- ernments. Franchises, Hereditaments & Premises, & every part & parcell thereof with their 3: every their Rights, njenberL & ii)purtenanccs unto the said John Usher his Heirs & assigns, as in & by these Presents is mentioned & expressed. And Furtner, that the said County Palatine, Lands, Tenemenis, Jurisdictions, Gov- ernments, i-'ranchiscs, Hereditaments & Premises, hereby conveyed or mentioned & expressed to bo hereby conveyed, at the time of the sealing & delivery of these pre- mises are & so at all times hereafter shall, remain, continue & be, to the said John Usher his heirs & a^^igns free and clear, and freely & clearly acquitted. Dis- charged and indemnified or otherwise sufiiciently & effectually saved harmless of and from all manner of former and other Gifts, (Jrants, B^-.igaij.s, Sales, Wills, Entales, Mo'tgages, Rents, Charges, arrearage.- of Rents, Fines, Amerciaments, Statutes, Re- cognizances, Judgoments, debts & accompts to the King's Majcstv, Intrusions, Seiiiurc.^ X.. 95 Extents & Executions & of and from all and singular other charges, estates, titles, .Ippendi^. troubles, incumbrances & demands whatsocvor, had, msde, committed, procured No. 11. occasioned, done or suffered by the .s..,id Ferdinando Gorges, or by the said John .."T;;;.,., Oorges, late Father of the said Ferdinando Gorges, or by the said Sir Ferdinando Gor- pTvtcVoFM.ille" ges, or by any other person or persons whatsoever, clain.ing by, from, or under him, D,.d-;rB., r„. them, eilher or any of them except all Leases, Grants & conveyances of any Lands jiimLCh"'"'" ''' parccll of the Premises bona fide made by the said John Gorges deceased, or by thJ said Sir Ferdinando Gorges, in order to the Planting of the same Province, upon xvhich IS reserved respectively some acknowledgment, rent, duty or service; And also except one indenture of grant & Conformation made by the said Ferdinando Gorges unto one Nathaniel Phillips of Parccll of the premises, bearing date the sixth day of May in the two & twentieth year of his now Majesty's Reign, & to the Heirs of the said Phillips: and the said Ferdinando Gorges, for himself his heir, executors & administrators doth Covenant, promise & grant to and with the said John Usher, his hnirs & assigns, by these Presents, that he the said Ferdinando Gor- ges, his heirs & assigns, and all & every other person & persons lawfully having, claiming or deriving any manner of Estate, Right, Title, Interest, Equity; Trust or Demand whatsoever, of in or to the said County Palatine, Lands, Tenements, Jurisdic- tions, Governments, Franchises, Hereditaments & premises hereby conveyed or men- tioned or intended to be hereby conveyed & every part and parcell thereof, with their & every of their rights, members & appurtenances, by from, or under him the said Ferdinando Gorges or John Gorges deceased or by, from or under the said hir Ferdinand Gorges, either or any of them (except as before excepted) shall and Will, from t,me totin-c, and at all times, hereafter during the space of seven years next ensuing the date of these Presents, upon the reasonable request, & at the cost & charges in the law of the said John Ush.r his heirs or assigns, make, suffer perfect & execute, or cause & procure to be made suffered perfected & executed all and every such further and other lawful & reasonable act & acts, thin- & things device & devices, conveyances and assurances in the Law, whatsoever, for the further better, more absolute & effectual surety & sure making of the said County Palatine' Lands, tenements. Jurisdictions, Governments, Franchises, Hereditaments & premises with their S: every of their Rights, members & appurtenances unto the said John Usher Ins heirs & assigns, according to the true intent & meaning of these pre- senU, be it by fine or fines, with proclamations, recovery or recoveries, deed or deeds enrolled, the enrollment of these presents, release, conformation or otherwise, or by all or as many Ways or Means whatsoever as by the said John Usher his heirs & assigns or his & their Councill learned in the Law, shall be reasons ')Iy devised ad- vised or required so as no further or other Warranty or Covenant be therein contained orimpliea than a-ainst such person and persons respectively who shall be so required to make the same, and so as such person & persons be not compelled or compellable to travail further for the Doing thereof than the place of his or their Habitation In \V.,..ess whereof the parties above named in these Indentures have interchanKcablv set their hands & seals the day and year first above written, '3 I I FERDINANDO GORGES t^nd a Seal appendant. Endorsed, Sealed & delivered with these Words (and also except one Indenture of Grant & Confirmation made by the said Ferdinando Gorges unto one Nathaniel Phillips, of parcell of the Premises, bearing date the sixth day of May in the two & twentieth year of his now Majesty's Pc.^n^ and to the heirs of the said Phillips) interlined between the eight & thirtieth & nine & thirtietii Lines of this Indenture Grant, Sale and Iransrer of ate Province ofMaine. Deed of Sir Fer- dinaudo GorgM to Jolin Vibtt. 96 ''rif^- Jf'""' "",« /°'^»'!"? ^ ;^«"-«^y thereof in the presence of ns Robert Lee, Riehard Penner, John Phillips, Robert Humphries, William Hawkins int, Sale and Irrotulatur in Memorand: Saci: Dni: Regis Caroli Sedi: apud Westminster (viz:) de Termno: Paschae: Anno tricessimo Roile: eg: pie: Remen- dator ejusd: Dni: Regis. * ^ ^" CUGGINS for W . Z ""'"^'""f '"«' " *° ^'■'^ •^-••'""S 't '" Court hand, the Deed,V„ J for Word with its original, the Second of April 1683, as Attest, EDWARD RAWSON Sec. Commonwealth op Massachusetts, Secbetahy's Office, May 5, 1838. I nereby certify, that the foregoing paper is a true and exact copy of record as the same is recorded in this Office, in a volume bearing the Title of Crown Commission Book," and that a similar copy is on file I fur ther certify, that the original Instrument, of which the preceding pur- ports to be a Copy, is not, as far as I am able to discover, fn the Archives of State of this Commonwealth, nor to my knowledge is it in existence; and that the Copies above-mentioned, are the only Conies on the records or files of this Office. In testimony of which, I have hereunto affixed the Seal of the Com- monwealth, in my custody and possession. EDWARD D. BANGS, Secretary of the Commonwealth. [1. 8.] f 1 DSBD OF JOSOr USBBR TO THE MASSACHUSETTS BAY COMPANY, 1677. Deed of J(,hn L'sher lo the Mas- vachusella Day Cumpany. This Indenture made the fifteenth day of March in the thirteenth year of the reign o Our Sovereign Lord Charles the Second by the grace ofGodofEnlnd Scotland France and Ireland King Defender of the Faith &c. Annoq. Domini ^T between ohn Usher of Boston in New England in America Marcher Jo Z 7h .T"" "":' ?"''"^ °' ^'^'^ Massachusetts Bay in New Englan.l " the other part Witnesscth That the said John U«h=r for and in consideration o the sum of one thousand two hundred and fifty pounds of Lawful English Money to him the said John Usher in hand well and truely paid by the said Goternour Hi thT 'f ''" Vr7 °' '"'" ''""""' '''' "'=^''" ^^"--f "- -iJ John J I doth hereby acknowledge and thereof and of every part thereof doth ab.soluteiy cxbon- these presents hath granted, bargained, sold, released, and comfirmed and, by tl e e Presents, doth grant, bargain, sell, release and confirm unto the said Govi^rnour Z Company, their successors and assigns forever, ali that County Palatine, Part P,.r part or portion of the Maine Land of New England aforcsai.l, called or known by I name of the Province or County of Main, ,>eginnin, at th. entrance of, he PiJtlonl h^rbo^^r, and so to pass up the san. into the Hu::f Xeu^iche^anL an/tZugh 97 the same unto the further head thereof ; .indf^om thence Northwestward untitt one ^ppendU^ f^--^redandtwentyrnilesbefinUhed;Andfron.Piscata,uaHarbourmo^Uh,^^^^^^ 2^^'rtheastwardalon^theSeaCoasttoSagad„hockandupthemverther7c^to .„—.,,^ / /r?r^ •"''■' "'"^ '^'""^^ ''" ""«* ""'" '^' ''««'' '^'^reof and into the ^IAIS ed from the mouth of Sagadahoc, andfromthe Period qf o^^ hundred and twenly'^^^i'^X mtles aforesaid, to cross ove, land to the o«e hundred and twenty miles end for ^""'"''" medy reckoned up into the land, from Piscatagua Harbour through NewichLa- noclce River, and alsuthe North half of the Isles of Shoales together with the ff'^ofCapawockandNawticannearCapeCoJasalsoall the Islands andlsletts lyzng within five leagues of the Maine, all along the ^<^esaid Coast between the foresaid nversj^ Piscatagua. and Saggdahoc and all Lands, Grounds, Place,, Soyles, Woods. W. ers, R.ver., Lakes. Ports, Havens, Creek, and Harbours to the saii Province l.a,.ts and premise, or any part thereof belonging, or in any wise apper- aining. or accepted or being part, parcel! or member thereof, And also all and singu lar Royalt.es, F.shmg,, Royalland other Minerals, Mines of Gold and Silver, or other Metal or iVUnerals whatsoever, Waifes.Estrayes.Pirates.Goods, Deod.nds, Fine. Amer- ciaments. Wrecks, Treasure, Trove Goods and Chattels of Felons, and Pelonaof them- M T r •'7.«7"»' P'"'-": «'ghts, Jurisdiction,, Exclesiastical, Civil, Admiral and M .l.tary Privileges, Prerogatives, Government., Liberties and Immunities, Franchises Authorities, Proffits, Prehcminences, and hereditaments whatsoever, with their and every of their Right,. Members and appurtenances happenning. growing, arising or accruing, or to be exerced. extended or enjoyed within the said Province Limits, coart,, or othe- the premi,es. or any part thereof, with all other the Lands, Tenement, . and Hereditaments, RoyaU.es aad Jurisdiction, whatsoever, in New England in Ame- rica, or ehewhere in America aforesaid, of Sir Ferdrnando Gorges Knt., deceased, John Gorges, Esq., decea«^d and Ferdinando Gorges, Esq. or either of them, in as full and ainple manner, to all intents, constructions and purposes as the same were grant- ed and conveyed unto the «id John Usher, and his K.irs; and reversion and Rever- sions, RemaindC and Remainders, Rent,. rs,ues. Services and Proffils of all and sin- gularthe premises and every part and parcell thereof, and all the Estate. Title. Interest LquHy, Irust, Claim and demand what»ever of him the , aid John Usher of n"d unto the premisesand every partandparcellthc^of, together with all Letters Patents, Deeds, Evidences and writings concerning the premises only, or only any port thereof • To HAV. A«n TO H0.0 the Said County Palatine, Lands, Tenements, Jurisdic io", Governments, Franchises, Hereditaments and Premises, herein before expressed 3' intended to be hereby granted, bargained, sold and conveyed, and every parUnd pt eM ereof with t e. r an.l every of their Rights, Membersand appurtenance', unto the ^ Go ernour and Con^pany, their successor, and assigns, to the o'ly use a«d behoof ofT aul Governour and Company, their successor, and assigns, forever, together with al! Letters Patents Deeds Evid^-nces, and Writings concornt.g'the Pre .31 o on y any par thereof. And the said John Usher for himself, his heirs, execu.^ sll a, ministrators, a.I every of them, doth covenant, promise an.l grint to and vhh ,1 saidGovernouraml Company their successors and assign, by these Presents h,t! . e said John Usher (notwithstanding any Act Mutter or thi.fg 7 i^U si „ Usher or any claiming by from or under hun done execute.l or fuffored to e c trart ) ..ow IS and s andeth seized of an absolute, perfect and i.ulefeasable Estate of , Z S ... V ee Sunple of and ... the said County Palatine. Lands Tenement., Jurisdiction Go vernn.en.s, Kanch.se, Hereditan.ents and premises hereby granted and conveved or mentioned or intended to he hereby granted and convey Ja'd every parranU ! i .1 !l ^r 'f No. 11. ..- --™ ,„ tlie rronncoof Maine 98 Commonwealth op Massaohctbtts, Secretary's Office, May ith, 1828. Gram, Sii, ^„„ - „ , ""'" "' '" ^ '^^"''^ ''"f y 'J'* ^"l" f-''«°-« P«P- i" a true and exact copy of record, a, the ime IS recorded m Jh « nfflnn .„ „ «„i...v.„ u .- ■__ .... - _ • "" '"*^ ' """o «'-»'-•""> "uc uuu exaci copy ot record, as the ZI."Toh '" ^'';'.°'«'=^'/" f ^°"""'' •'-""8 '"« t'tJe of ..Crown CWissioa Book; which record immediately succeeds that of ,he instrument of conveyance from Ferdinando Gorges to John Usher, in the same volume; but was not compTe.ed andremainsin the said volume in an unfinished state, as appears bv tho foregoing copy. I further certify, that the original instrument, of which the precedinf appears to be, in part, a copy, is not, as far as I am able to discover, in the Archive! of State of this Commonwealth; nor, to my knowledge, is it in exis/en.e. A , h here „ „ot on the record, or files of this office any other copy of the instrument onv yance from John Usher to the Governor and Company of Massachusetts Bay than the imperfect one, of which the preceding paper is a transcript. In testimony of which, I have hereunto affixed the seal of the Common- [L. S.J wealth m my custody and possession. EDWARD D. BANGS, Secretary of the Commonwealth. XDCTBikOT FROM THE GENERAL COURT RECORDS UNDER DATE OP OCTOBER 2ND. 1678. E««.u from "This Court having voted the acceptance of the bargaine of our Ajrents for the a»M5«c.u..u p i„,e of Maine, doe order that the Treasurer take effectu.ll o-der for fhe pa " lot thereof, according to their engagement, and for his enablyng therein, that the customes be security to himself and such as shall lay downe the money in the country's behalfe, untill they be fully sattisfied for both principall, exchange and loane. "Also, this Court doth desire the Governor and Council to take order for the im- provement, government and disposall of the sayd olacc, by sale or otherwise, for the reimbursing the sayd money into the country's treasury, as to them shall seeme most meet and best." Commonwealth of Massachcsetts, Sechetahy's Office, May 7, 1828. I hereby certify that the above is a true copy from the original records of the General Court of the Colony of Massachusetts Bay. under date of the second of Oc! tober. Anno Domini one thousand six hundred seventy-eight, (Oct 2 1678 ) In testimony of which. I have hereunto affixed the seal of the Common- [L, S.J wealth in my custody and possession. EDWARD D. BANGS, Secretary of the Commonwealth. At a Generall Court for Elections held at Botton, 28//; May, 1679. "This Court having, in October sessions last, passed a vote empowering our honored Governor and Council to improve or dispose of the Province o'f MaynVby «le or otherwise, for reimbursing what money was layd out in England for purchase ;i - 99 thereof, on Airlher consideration dee see cause to recall the sayd vote, and declare they Jlppendix. j^idgc meele to keepe fhe sayd Province in the country's hand, according to contract No. U. made by our Commissioners, and untill this Co^irt take further order therein." „ ~7; . '■■■11 1, ^Q Jc nnd tramrer of the Provluco 01 Maine. * ^ Eiiracu froiu. thfi MauBchuMUs Bceordi. M a Oenerall Court specially called by the Governor and Assistants, at Boston, and held there the 4th of February, 1679. " This Court taking into consideration the necessity of a speedy establishing a Go- vernment in the Province of Mayne, and the present season requireing a speedy issue of this sessions of Court, the honnoured Council of this; jurisdiction is requested and hereby empowered to take order for settling the sayd Government, and appointing a President, with Juotices of the Peace and other officers, as is directed in Mr, Gorges patent, and to comissionate the same accordingly, under the scale of this Colony; and this to be in force until the next Court of ElecUon here, and untill further order to be taken by this Court therein." " In Council, June 4, 1717.— A petition of John Usher, Esq., was read, and sent down recommended, as to ye petitioner's service in assisting in ye purchase of ye. Province of Mayne." couhonwealtb op massachusetts^ Secretary's Office. I hereby certify that the foregoing are true copies from the fifth and tenth volumes of the Records of the General Court of the Massachusetts Bay, remaining in this oflSce, under the respective dates within given. In testimony of which, 1 have hereunto affixed the seal of the said Common- [l. s.] wealth, in my custody and possession, this twentieth day of September, in the year of our Lord one thousand eight hundred and twenty-eight, and of the Independence of the United States of America the fifty-third. EDWARD D. BANGS, Secretary of the Commonwealth. IM'il ^ IJl^ "I APPENDIX, No. Xn. i"' V. CRAJTT TO THE DUKE OF YORK, DOCUMENTS RELATIVE TO SAID GRANT, Orwl to the Duke of York, d»»ed t3th M«h, 16 Cu: II. 1664. Goiifirnwfion of Ditto. 26, C»r: II 16r4. ConimifMon to Bdoiund Androi, 16r4. Commiaion to Thomai Dong»n, 1682. COAST Xa THE DUKE OP YORK DATED 12TH MARCH. AOs CA-!: U. 1664. Defender of the Ffa.th &c. to all to whom these presenU shall come Greet- ing Oram to Uu! Duke «r York, and Oocu- S!S%^- .. Know ,ee that wee for divers good causes and consideracons us thereunto moving or.m;.».cD«k.h»ve of our espectail Grace cerUine knowledge and meere motion given granted and by th«*e presents for us our heixe. and successors do gjve and grant un rour dearest brother Jame^ )uke of Yorke his heires and assigns all that prtoJ the name of StCrotxne:rt adjoyning to New Scotland in America and from theZ e.tena,ng along the ,ea coast vnto a certain place called P.ina.uiieZ PeZ gmdandjo up the River thereof to the furthest head of ye saL as Tt enltU northu^ards and extending from thence to the Birer KitZgui ^Jso^ d, by the shortest course to the Fiver Canada northtoard and llso all that Zand Island scttuate lying and being towards the teest of Cape Codd and ye narrow agansetts abutting upon the maine land between the two Rivers there callldZ knowne by the severall names of Conecticutt and Hudso,is River together aZ w,th the said nver called Hudsons River and all the land from the wstZdZ Conecticutt to ye east side of Delaware Bay and also aU those seve7l Mands Nantuckett together w,th all ye lands islands soyles rivers harbours mines n.ine ral quarryes woods marshes waters lakes ffishings hawking hunting and ffowling fsl nd" rr "'. '" '"'" u '=°'»'"°''*'^" -^ hereditaments to th' said severall is a ds lands and prem.sse, belonging and appertaining with theire and ev.ry :Lr:;;TrdT- 1 1" rsarir;t;t """' ^^""" ^"-"- .e.of and .e revercon and revercr. r^Jd^V^'ZlZ ^1^^ 101 the yearly and other ye rents revenues and proflitts of all and singular the said pre- Jlppendix misses and of every part and parcell thereof to have and to hold all and singular the «" 12- said lands islands hereditaments and premisses with their and every of their »n. r.,.u'ZZ i,.y. purtenances hereby given and granted or hereinbefore n.enconed to be given and 1'™',"' 'X.Vv.- granted unto our dearest brother James Duke of Yorke his heires and assigncs for-"'"""'^'"'- ever to the only proper use and behoofe of the said James Duke of Yorke his heires dX"? vl,"k "" and as!..gnes forever lo be holden of us our heires and successors as of our mannor of East Greenwich in our county of Kent in fTree and common soccage and not in capile nor by Knight service yielding and rendring and the said James Duke of Yorke doth for himselfe his heires and assignes covenant and promise to yield and render unto us our heires and successors of and for the same yearly and every yeare forty Beaver skins when they shall be demanded or within ninety days after and wee do further of our speciall ^race certaine knowledge and meere mocon for us our heires and successors give and grant unto our said dearest brother James Duke of Yorke his heires depulyes agents c.;mmis.sionersand assignes by these pre- sent* full and absolute power and authority to correct punish pardon governe and rule all such the subjects of us our heires and successors from time to time ad- venture themselves into any of the parts or places aforesaid or that shall or doe at any time hereafter inhabite within the same according. t.-^ such lawes orders ordinan- ces direccons and instruments as by our said dearest brother or hi. assignes .hall b, established and in defect thereof in eases of necessity according to the good di- reccons of his deputyes commissioners officers and assignes respectively e, well in all causes and matters capitall and criniinall as civill both marine and ethers soe al- wayes as the said sUlutes ordinances and proceedings be not contrary to but as neare as conveniently may be agreeable to the lawes statutes and government of this our tealme of England and saving and reserving to us our heires and successors ye re- ceiving hearing and determining of the appeal or appeales of all or any person o- persons, ol in or belonging to ye territoryes or blands aforesaid in or touching any judgment or sentence to be there made or given And further that it shall and may be lawfull to and for our said dearest brother his heires and assignes by these pre- sents from time to time to nominate make constitute ordaine and confirme by such name or names stile or stiles as to him or them shall seeme good and -ikcwise to revoke discharge change and alter as well all and singular Governors officers and Ministers which hereafter shall be by him or them thought fitt and ncedfull to be made or used witnin the aforesaid parts and islands and also to make ordaine and establish all manner of orders lawes directions instruccons formes and ceremonycs of government and magistracy fitt and necessary for and concerning the government of the territoryes and islands aforesaid so alwayes as the same be not contrary to the lawes and statutes of this our Realme of England but as neare as may be aLeable thereunto and the same at al! lir.es hereafter to put in exccucon or abrogate revoke or change only within the precincts of the said territoryes or islands but also upon the seas in going and coming to and from the same as he or they in their good dis- crecons shall thinke to be fitted for the good of the adventurers and inhabitants there And wee do further of our speciall grace certaine knowledge and meere mocon grant ordaine and declare that such governors officers and ministers as from time to time shal be authorized and appointed in manner and forme aforesaid shall and may have full power and authority to use and exercise mar.iall law in eases of re- bellion insurreccon and mutinie in as large and ample manner as our Lieutenants in our countyes within our Healme of England have or ought to have by force of their commission of Lieutenancy or any law or statute of this our Realme And wee do est brother James Duke o Yorke his heires and assignes that it shall and may be awfull to and for the said James Duke of Yorke his heires and assignes in his or theire d.screcons from time to time to admitt such and so many person and person.. 11 III 109 '^PPJ-»dix. to trade and Iraffique unto and within the territoryes and islands aforesaid and into every and any part and parcel! thereof and to have possesse and enjoy any lands "'""Vk'UmPn^"*"" hereditaments in yo parts and places aforesaid as they shall thinkeVitt according to3'^^;nl"""■"> the lawcs orders constilucons and ordinances by our said brother his heires Pu*k,"f Yrt '"• '"''P"'^*'' commissioners and assignes from time to time to be made afl established by vertue of and according to the true intent and meaning of these presets and under such condicons reservacons and agreements as our said brother his heires or assignes shall set downe order direct and appoint and not otherwise as aforesaid And wee do further of our eapeciall grace certaine knowledge and meere mocon for us our heires and successors give and grant to our said deare brother his heires and assignes by these presents that it shall and may be lawfull to and for him them or any of them at all and- every time and times hereafter out of any of our realmes or do- minions whatsoever to take leade carry and transport in and into their voyages and for and towards the plantacons of our said terriloryes and islands all such and so many of our loving subjects or any other strangers being not prohibited or under restraint that will become our loving subjects and live under our alegiance as shall willingly accompany them in the said voyages together with all such cloathing im- plcments furniture and other things usually transported an.l not prohibited as shall be necessary for the inhabitants of the said islands and territoryes an.l for theire use and defence 'Hereof and manageing and carrying on the trade with the people there and in passing and returning to and fro yieMing and paving to us our heires and successors the oustomes and dutyes therefore due and payable according to the lavves and customes of this our Realme And we do also for us our heires and successors grant to our said dearest brother James Duke of Yorke his heires and assignes and to all and every such governor or governors or other officers or ministers as by our sa.d brother his heires or assignes shall be appointed to have power and authority of government and command in or over the inhabitants of the said territoryes or islands that they and every of them shall and lawfully may from time to time and at all times hereafter forever for theire severall defence and safety encounter expulse re- pell and resist by force of arms as well by sea as by land and all wayes and means whatsoever all such person and persons as without the speciall licence of our said deare brother his heires or assignes shall attempt to inhabit within the severall pre- c.ncts and limitts of our said territoryes and islands and also all and every such per- son and persons whatsoever as shall enterprize or attempt at any time hereafter the destruccon or invasion detriment or annoyance to ye parts places or islands afore- said or any parte thereof and lastly our will and pleasure is and wee do hereby de- clare and grant that these our letters patents or the enrollment thereof shall be good and effectuall in the law to all intents and purposes whatsoever notwithstanding the not reciting or menconing of the premises or any part thereof or the meets or bounds thereof or of any former or other presents patents or grants heretofore made or granted of the premisses or of any part thereof by us or any of our progenitors unto any other person or persons whatsoever bodyes politique or corporate or any act law or other restraint incertcinty or imperfection whatsoever to the contrary in any wise notwithstanding althoughe expresse mencon of the true yearly value or certainty of the premises or any of them or of any other guifts or grants by us or by any of our progenitors or predecessors heretofore made to the said James Duke of Yorke in these presents is not made or any statute act ordinance provision proclamacon or restriction heretofore had made enacted ordained or provided or any other matter cause ov thing whaUoever to the contrary thereof in any wise notwithstanding. In witncsse whereof wee have caused these our letters to be made pattents.— Witnesse ourselfe at Westminster the twelveth day of Mareh in the six- teenth ycare of our raignc. By the King: HOWARD. Appendix. No. la. ct.nifiiiii THhiuvt Is •ud OruM. 103 State op Niw York, Secbetary's Officg, I certify the preceding to be a true copy of certain Leliers Patent as of r.;'.ord in^lTXX^I^ this oflice, in Bonk of Patents number one, page 13f), &c. In testimony whereof, I have hereunto atlixud the seal of this oflice, at [l. 8.] the oily of Albany, the twenty-seventh day of March, in the year of our Lord one thousaud eight hundred and twenty-eight. A. C. FLAGG, Secretary, By Nathaniel Pitcher, Lieutenant Governor of the State of New York, admi- nistering the government of the .said Slate: It is hereby certified that Azariah C. Flagg is Secretary of this State, duly com- missioned and sworn? that the signature '• A. C. Flagg," to the preceding copy of the Grant from Charles the Second lo the Duke of York, is the proper hand-writing of the said Secretary, and that full faith and credit may and ought to be given to his offi- cial acts. In testimony whereof, I have caused the great seal of this Stale to ho hereunto atlixed.— Witness my hanil, at the city of Albany, tho twen- [l. i.] ty-seventh day of March, in the year of our Lord one thousand eight hun- dred and twenty-eight.. NATHANIEL PITCHER. Passed the Secretary's Oflice, the asth day of March, 1^28. AKCH'D CA.MPBELL, Dep. Secretary/. HIS BCAJBSnSS UlTTSaS PATZnm TO HIS nOYAL HIUIINESSE RECOnUI':D NOVEMBER FOURTH, 16r4. Charles the Second by the Grace of God King of England Scotland France and confi™,tion of Ireland Defender of the Ffaith &c. To all to whom these presents shall come Greet-""" """" ing: Know yee that wee for divers good causes and consideracons have of our espe- ciall grace certainc knowledge and niecr motion given and granted and by these presents for us our heirs and successors do give and graunt unto our deai-est brother James Duke of Yorke his heires and assigns All that part of the main land of New Eng- land, beginning at a certaine place called or known hy the name of St Croix nexe adjoining to New Scotland in ^Imerica and from thence extending along the seacoajtt unto a certaine place called Petuaquineor Penuiquid and so up the river thereof to the furthest head of the same as it windeth northward and extending from the river of Kinelieque and so upwards by the shortest course to the river Canada northwards: Jind and all that Island or Islands commonly called by the severall name or names of Matowacics or Long Islands scitujte and being towards the west of Cape Cod and the narrow Higansetts abuti ing upon the main land between the two rivers there culled or known by the severall names qf Connecticutt and Hudson's River together also with the said river calle t Hud- son's River and all the lands from the west side of Connecticutt river to the east side of Delaware Bay: ,'ind also all those severall Islands called or known ly the names of Martin Fin Yard and Nantukes otherwise Nuntuckelt: To- gether with &11 the lauds Islands soilcs rivers harbors Mines Miueralls Quarries It li- I !■! If 104 -^ipPjndix. woods n,ar.heswalcr.Lake.fli.hing.H.wkinghunting.nd(rowlingand.lIotherroy«l ; tie. promt. Commodilie. and herediUments I., ihe wid overall Island. Land, and pre-' •^."Vi-.trrJ; •"'•*'• belonging and appertaining with their and every of their appurtenant.: And i„"Son:,r'" »" ""■• ^^''""«' --'K'" """ «•»' i"'""' benefit and advantage cl.ime and demand of in rn„»7;;;.,«n or""" ^^ •'"' "*"* '■"''• •"• pfcmi«;a or any part or parcell thereof and the rcvcrcon and «id «,.„.. rcvcrcon. remainder and remainder, together with the yearly and other rent, re- venues, and proflitt. of the premise, and of every part and parcell thereof To have and to hold all and Hing«lar the said land, and premise, with their and every of Iheir appurtent. herehy given and graunted or herein before mentioned to be given and graunted unto our said dcare.l brother James Duke of Yorke hi. heir, and as- Bign. forever: To bee holuen of us our heirs and successors as of our Manor of Ea.t Greenwich, in our county of Kent in free and common soccage and not in capite nor by Knight service yielding and rendering: And the .aid James Duke of Yorke for himself his heirs and assignes doth covenant and promise to yield and render unto U. our heir, and successor, of and for the same yearly and every year (forty Beaver Skin, when they .hall bee demanded or within ninety day. after .uch demand made and wee do further, of cur .pcciall Graee certaine knowledge and meer mo- tion for U. Our heir, and successors give and graunt unto our wid Dearest brother James Duke of Yorke hi.heir. Dopulye. Agents Commissioner, and as.igne. by the.e present, full and absolute power and authority to correct punish pnrdon govern and rule all «ich the subject, of u. our heL-s and successors or any other person or persons a. shall from time to time adveniure themselves into any of the parts or place, aforesaid or that shall or do at any time hereafter inhabit within Ihe same according to such Lawes orders ordinances directions and instructons as by our .aid dearest brother or hisawignes .hall bee e.tab.. '.ed and in defect thereof in case, of necessity according to the good direccons of hi. Deputy*. Commissioner. Officer. or Agent, respectively as well in all case, and matters capitall and criminall as Civill Marine and Others «) alwaye. as the said Statute, ordinances and proceedings bee not contrary to but a. neare a. may bee agreeable to the Lawe. Statute, and Govern- ment of this our realm of England and saving and rewrving to U. our heir, and .uccesaor. thereceiving hearing and determining of the appeal and appeal, of ah or any perwn or person, of in or belonging to the Terrilorye. or Islands aforewid or touch- ing any Judgment or sentence to bee tlier« made or given And further that it shall and may bee lawfull to and for our .aid dearest brother his heir, and assigns by lhes« present, from time to time to nominate make constitute ordaine and confirme such Lawe. a. aforesaid by .uch name or names stile or .tile, as to him or them shall seem good And likewise to revoke discharge change and alter as well all and singular Go- vernors officer, and minister, which hereafter .hall be by him or them thought fit and needfull to be made or used within the aforesaid Island, and part.: And also to make ordaine and establish ail manner of lawes orders direccons instructions formes and ceremonyes of Governme. t and Magistracy fit and necessary for and con- cerning the Government of the Territoryes and Islands aforesaid so always as the Mme bee not contrary to the Lawes anu Statute, of this our realme of England but a. nearc as may bee agreeable thereunto and the same at all times hereafter to put in execution abrogate revoke or change not onely within the precincts of the said Tcr- ritorycs or Islands but also upon the seas in going and coming to and from the same as hee or they in their good discretions shall think fittest for the good of Ihe adven- turers and inhabitant. And wee do further of our Especiall Grace certaine knowledge and meer motion graunt ordaine and declare that such Governors Deputyc. Offi- cers and Minister, as from time to time .hall bee authorized and appointed in man- iier and florme aforesaid shall and may "lave full power and authority within the 'Jerntoryes aforesaid to use and exercise Marshall Lawe in cases of rebellion insur- rection and Mutiny itx as large and ample manner as our Lieutenants in our Countyes and all other royal.. Ills Lands and pre- ppurlenants: And md demand of in the revercon and id other rents rc- ihcreof To have Ml" and every of uned to be given his heirs and as- ur Manor of East nd not in capita » Duke of Yorke I and render unto ear fforty Uuaver or such demand ;e and mcer mo- I Dearest brother jssignes by these 1 pnrdon govern other person or of. the parts or within the same itons aa by our . thereof in cases ssioners Officers iminall as Civill proceedings bee tes and Govcrn- s our heirs and sals of al. or any resaid ur touch- that it shall and •y thes« presents ! such Lawes as fall seem good id singular Go- lem thought fit rta: And also to ructions formes ' for and con- ) always as the England, but as eafter to put in f the said Tcr- from the same id of the adven- aine knowledge Deputyes Offi- lointed in man- ity within the 'ebellion insur- n our Countye» 105 within Our rcalme of England huvo or ought to have by force of their Commission of Jippemlix. Lieutenancy or any law or Si.iluto of this our rcalme: And Wee do further by these ■*"• '•'■ presents for us our heirs un.l successors graunt unto Our said dearest brother James m.^.TiTiTn,,.. Duke of Yorke his h.-irs and a-signes that it shill and may bo lawfull to and for the nL^:^.' r?i4u*;' said James Duke of Vorkc: his heirs and nssignes in his or their discrcscon from lime '""'"''!1""' to lime to admit such un.l so many person and persons to trade and trafficke into and "!*"?"r"°" °' and within ye Tcrritoryes and Iilands aforesaid and into every or any of tho Tcrri- torycs and Islands aforesaid and into every or any part and parcell thereof: And to have possess and enjoy any Lands and hercditamtnts in tho parts and places aforesaid as they shall think fit according to the Lawes orders constitutions and ordinances Ijy our said brother his heirs deputyes Commissioners and assignca from time to time to l)ee made and established by vcrtue of and according to the true intent and meaning of these presents and under such condicons reservacons and agreements as our said dearest brother his heirs and assigns shall set downe order direct and ap- point and not otherwise as aforesaid And we do further of our Eapeciall Grace certaine knowledge and meer motion for us our hcircs and successors give and graunt unto our said deare brother his heirs and assigns by these presents that it shall and may be lawfull to and for him them or any of them at all and Every time and limes hereafter out of any of our realms or dominions whatsoever to take lead carry and transport in and into their voyages for and towards the Plantacons of our said Territoryea and Islands aforesaid all such and so many of our loving subjects or any other strangers being not prohibited or under restraint that will become our loving subjects and live under our allcigance and shall willingly accompany them in the said voyages together with all such cloathing implements irurniture and other things usually transported and not prohibited as shall be necessary for the inhabitants of the said Islands and territoryes and for their use and defence thereof and managing and carrying on the trade with the people there and in passing and returning to and fro Yielding and paying to us our heirs and successors the customes and dutycs therefore duo and payable according tn the Lawes and Customes of this our realme And Wee do also for us our heirs and successors graunt to our said dearest brother James Duke of Yorke his heirs and assignes and to all and every such Governor or Governors Depu- tyes their Officers or Ministers as by our said brother his !>cira or assignes shall bee appointed to have power and authority of government or command in or over the inhabitants of the said Tcrritoryes or Islands that they or every of them shall and lawfully may from time to time and at all times forever hereafter for their se- verall defence and safety encounter repulse and Expell and resist by force of armes (as well by sea as by land) and all wayes and means whatsoever all such person and persons as without the speciall licence of our dearest brother his heirs and assignes shall attempt to inhabit within the severall precints and limits of our said Territoryes and Islands and also all and every such person and persons whatsoever as shall enterprize and attempt at any time hereafter the destruccon invasion detriment or annoyance to the parts places or Islands aforesaid or any part thereof And lastly our will and pleasure is and We do hereby declare and graunt that these our Letters Patents or the enrolment thereof shall bee good and Kflectuall in the Law to all intents and purposes whatsoever notwithstanding the not well and true reciting or mencon- ing of the premises or any pan thereof or the limits or bounds thereof or of any former or other Letters Patents or graunts whatsoever made or graunted or of any part thereof by us or any of our progenitors unto any person or persons whatsoever bodyes politick or corporate or any law or other restraint incertainty or imperfeccon whatsoever to the contrary in any wise notwithstanding although Expresse mention of the true yearly value or certainty of the premises or of any of them or of any other guifts or graunts by us or by any of our progenitors heretofore made to the said James Duke of Yorke in these presents i? not made or any statute act ordinance 27" li i 106 t/fppendix, proviilon proclamation or rcntHction heretorore hid made enaetcernur of the Slate of New York, acting as Uovernor of the mid State: It ia hereby certified that the preceding copy is in due form, and by the proper officer. In testimony whereof, I hare hereunto affixed the Oreot Seal of this State. Wit- ness my hand, at the City of Albany, the 30th day of September, 1628. [I.!.] NATHANIEL PITCHER. COMMISSION TO GOVERNOR EDMUND ANDR09. ■ t 1 Commlulon m ikiiuuiul Audnw. James Duke of Yorke and Mhanxi Earl of Ulster Sfc. Wiereas it hath pleased the King's most excellent Majesty My Sovereign Lord and brother by his Letters Patents to issue and grauntc unto mee my heirs and as- signs all that part of the Maine Land of New England beginning at a certuine place called or ktiowne by the name of St Croix next adjoining to New Scotland in America and from thence extending along the sea coast unto a certuine place called Petuayuin or Peniaquid and so up the river thereof to the furthest headqf the same as it tendeth northward and extending from thence, to the river of Kine- heqiii and so upwards to the shortest sourse to the river Canada northwards jJnd also all that Island or Islands commonly called by the sever all names of Mato- wacks or Long Island scituate lying and beinfc toiuiuds the IVest qf Cape Cod and the narroto Higansttts abutting upon the mtiinc land between the two rivers, there called or known by the severull ■•utnics q/' Conecticiilt and fludson's river together also with the said river rallKd Iliidion's rluerum) ■:/i the Und from the west side of Conecticult riix^r to the east side of Delawi .• Jn ■;< .';' / also all those severall Islands called or known by the name of ^' ";?'« I^'iin yards and Nantukes otherwise Nanluckett together with all the luuds Islands Soiles rivers harbours Mines Minerals quarreyes wowls marshes waters Lakes Fishings Hawking Hunting and ffowling and all other royalties and proffits commodities and heredita- ments to the said severall Islands Lands and premises belonging and appertaining with liixr .•t' every of their appurtenances to hold the samo to my own proper use and be?!a6*ii vv'ih po"-cr to correct punish pardon governe ami rule the inhabitants therc- 0.' i,j ■."•" «ch'» 11* such Deputyes Commissioners or Officers as I shall think fitt to ap- pcs:i,t ttj.( Uy his Majesties snid Letters Patents may more fully appearc And where- as I '>ave cqnceivcd a good opinion of the in'fgri'.y'p' dciiOO ability and fitnes of 107 Major E,lmun<: Andro. to bte employed m my Li,n,ten.nt then. [ hire therefoH. Appendix IhouKht l.t to CM.sii.ulo .ml .ppoinr him th.. m\A Major Kdmund Andro. to be my ^» "• Lieutenant and tiovernor within the L.nd. I,|an.l. and pl.oo, a.orr^i.l to perforn.e .^^.TriTn-N ■nd execuia all .ml erery th. power, wh.ch are I., th. .aid L.-it.,r. Faicnt. grannt. rLl!!: X.'^ Cd untomco to ht-e executed by mee my Deputy a^ent or aMi^ne. To h.vo and to """^ hold tho ,a.d plaro of Lieutenant and (Jovernor unto him the «id Edmund Andro* ."J^ir'-Ci:' L.q but .luring n.y will and pl«.auro on.ly hereby willing and requiring all .nd every the inhabitanl. „f th. .id L.nd«, Ulan.l. and place, to give obedience unto him the «id Ldmund Amiro, K,q i„ .|| thing, according to the t.ii.our of hi. M.ie.ty'. Letter. Paienr. and tho wid Kdmund Andro. to obwrre follow and executo ..ich order. .n.l .hreccon. a. hee .hall from time to time receive from mr.elfo Given under my hand and Seal at Windier thi. 1st d.y of July XflTJ Hy command of Hi. Royall IliglmeMo JAMES. JO: WEHDKN. Stats op Nbw York, 1 .w .. ,. Secretary' iOj/ice. I certify the preceding to be . true copy of a certain Commi«ion, a. of record in thi. oflice, III Hook of Uet'd. No. 1, page 4. In testimony whereof, I havo hereunto affixed the seal of thi. office, at tho City [!..».] of Albany, the 30th day of Seplembor, 1828. AHCHD. CAMPDELL, Dep, Secretary. liy Nathaniel Pitcher, Lieutenant Governor of the State qfNeto York, acting ai Governor of the said State: It i. hereby certified that the preceding copy is atte.ted. in due form, and by the pro- Ijer officer. In testimony whereof, I have hereunto affixed the Great Seal of this State. [l. ».] Witness my hand at tlie City of Albany, the 30th day of September, 1888. NATHANIEL PITCHER. 'i !: ; tUMMISSION TO COLONEL THOMAS DONGAN, TO DE GOVEBNOH OF NEW YORK. James DtiAe qf York undJllbany Earl qf Uhter, Sfc. brorrr k'^' .f " « "" ^'"^^^ ""' ^'''"^'"*"' ^^^'^''^ ^^ ^^^^--^^'K" ^ord .nd ro.„,..:o„ „. nrottitr by his Letters PatenU to give and graunt unto niee and my heirs and as '^"""" """'"' sigiKs all that part of the maine Land of New England 4.^.«,»«^ at a Certaine place called or knowne hy the name of St Croix next adjoining to New Scotland in ^mepcaand from thence extcuiing along the Sea Coast unto a certaine place Lulled I emaquin or Pe7Ha^uid and soe up the river thereqf to th, furthest head of the .same as it tendetk northwards and extending thence to the river of Kine- bequi and soe upward* to the Shortest Course to the river Canada northward and also all (hat Island or Islands commonly culled hy the severall name or names of Maluwacks or Long Island scituate lying and being towards the west 108 '^^"v-^' ^^ ^"^^ ^"^'^ ""'' '^* narrow Higansetts abutting upon the mainc land lelwccn " 'A"; (^"0 rivers there called or knowne by ti^ severall names of Conaecticult and TvolaXSu^ ^««aJson* Bimr together alsoe with the said river called Hudsons river and all jriTd'cSlTt'"" ''^* lands from the west side of Connect icutt river to the east side of Delaware coa,ii^ion of ^°^ "'"^ "^"^ "'' '^^^ severall Islands called or knowne by the name of Marlyn Ti.«B,.,Do„„„. Vinyiard and Nantukes Otherwise Nantuckett togeiher with all the lands, Islands soiles rivers harbours Mines Mineralls Quan-ies woods marshes waters Lakes fish- ings, hawking hunting and Fowling and all other Royaltyes and Proffitts commo- dityes & hereditaments to the said severall Islands Lands and premises belonging and f-ppurtaningwith their and every of their appurtenances: To hold tlie same to my own proper use and behoofe with power to correct, punish pardon governe and rule the inhabitants thereof by myselfe or such Deputyes, Commissioners or Officers as I shall think fitt to appoint as bv His Majestys said Letters Patents mny more fully appear, And whereas I have since for divers good causes and Considerations by severall In- struments under my hand and Seale bargsined sold released and confiimcd unto Sir George Carterett [late our Chamberiaine to His Majestys household] and his heirs and unto Edward Billing and others and their heyres all the tract of land [parcell of the Premises] commonly called or knowne by the names of East and West Jersey scituate on the West side of Hudson's river according to cortain boundaries more par- ticularly Expressed in the said Several instruments and under certaine rents and cove- nants as therein relacon being thereunto had may more fully appeare And whereas I have conceived a good opinion of the integrity prudence ability and filnessc of Coll Thomas Dongan to be employed as my Lieutenant there, I have therefore thought fitt to constitute and appointe him the said Coll Thomas Dongan to be my Lieutenant and Governour within the lands Islands and places aforesaid [except the said East and West New Jersey] to perform and execute all and every the powers which are by the said Letters patients granted unto me to be executed by me my deputy agent or assignes To have and to hold the said place of Lieutenant and Gover- nour unto him the said Coll Thomas Dongan but dureing my will and pleasure only hereby willing and requiring all and every the inhabitants of the said Lands Islands and places, (except as before excepted) to give obedience unto him the said Col! Thomas Dongan in all things according tc this tenour of his Majesties Letters Paltents and the said Coll Thomas Dongan to observe follow and ^ c cute such orders and dirrec- cons as he shall from time to time receive from myselfe Given under my hand and seale at St James's the thirtieth day of September 1682 JAMES By command of His Royall Highness Jo Werdbn State op New Yobk, Sechetary's Office. I certify the preceding to be a true copy of a certain Commission, as of record in this Office, in Book of Records of Commissions, No. 1, page 1. In testimony whereof, I have hereunto affixed the Seal of this Office, at [l. s.] the City of Albany, the thirtieth day of September, 1828. ARCHIBALD CAMPBELL, Deputy Secretary. By Nathaniel Pitcher, Lieutmant Governor of the State of New York, acting as Governor of said State: It is hereby certified, that the preceding copy is attested in due form, and by the proper officer. In testimony whereof, 1 have hereunto affixed the Great Seal of this State. [l, s.] Witness my hand at the City of Albany, the thirtieth day of Septem- ber, 1S28. NATHANIEL PITCHER. APPENDIX, No. Xin. CHARTER THE PROVINCE OF MASSACHUSETTS BAY, BY WILLIAM AND HARY, 7TH OCTOBEH, 1691. Septima pars Paten de anno RR et Rne Gulielmi et Marie tertio. William and Mary by the grace of God &c to all to whomc these presents shall come greeting Whereas his laic Majestie King James the First our royall predecessor by iiis Letters Patents under the great scale of England bearing date at Westminster the third day of November in the eighteenth yeare of his reigne did give and gt-Mit unto the Councill established at Plymouth in the County of Devon for the planting rule- ing ordering and governing of New England in America and to their successors and assignes all that part of America lying and being in breadth frem forty degrees of northerly latitude from the equinoctiall line to the fourty-eighth degree of the said northerly latitude inclusively and in length of and within all the breadth afore- said throughout all the maine lands from sea to sea together alsoc with all the firmc lands soiles grouiides havens ports rivers waters fishings mines and mineralls as well royall mines of gold and silver as ether mines and mineralls precious stones quarries and all and singular other comoditics jurisdiccons royalties priviledges fran- chises and preheminences both within the said tract of land upon the maine and also within the iselands and seas adjoynitij; Provided aitoaies that the. said lands isdands or any the premisses hy the said Letters Patents inienu'td and meant to be granted were not then actually possessed or inhabited by any other Christian I'rincc or Stale or within the boundt limitts or territories of the southerne cot- tony then before granted by the said late King James the First to be /lanted by divers of his subjects in the south parts to have and to hold possesse and enjoy all and singular the aforesaid continent lands territories iselands hereditaments and precincts seas waters fishings witli all and all manner of their comudities royalties liberties preheminences and pr'ifitts that should from thenceforth arise from thence with all and singular their appurtenances and every part and parccll thereof unto the said Councill and their successors and assignes forever to the sole and proper use and benefitt of the said Councill and their successors and assignes forever to be holden of his said late Majestic King James the First his heires and successors as of his manner of East Greenwich in the county of Kent in free and comon soccage and not in capitc nor by Knights service Yielding and paying therefore to the said late King his heires and successors the fifth part of the oar of gold and silver which should from time to time and at all times then after happen to be found gotten had and obtained in at or within any of the said lands limitts territories or precincts or in or within any part or parcell thereof for or in respect of all and all 28* -Appendix. No. 13. Churter of Maiaa chuwtu, by Wll Ham and Mary.— 7Ui Oct. 1891. im ,"! ' I 1 1 ' 1 -<^ II t no ^ppe^.r manner o(,,^,, , ,, ,„, ,^^^.^^^ ^^^^^^^^^^^ ^^ ^^ ^^^^ ^^ r. •'"'"'"l J»t« K'ng Jo'nes the First his heires and successors (as in and by the sa d SS-- T"?'"'^ -ongst sundry other clauses powers priviledgcs and grants e„ ».^ir^--« -re at .arge appeareth) And whereas the said c'ouncili establish J Plymouth .n the County of Devon for the planting ruleing ordering and governing o New England .n America did by their deed indented under their coLn scale Royall Grand,a her K.ng Charles the First of ever-blessed memory give gra Kn?Z S f T" "' ^°""^'"'' "" ''' "-^"^^ «--" «-' o'n Young „I t r"' . '"" '°''" ""•"?'"•*=>•* John Endicott and Simond Whet comb their he.res and assignes and their associates forever all that part of New England •" America aforesaid which lyes and extends between a great river there comonly called Monomack als Merrimack and a certaine other rLr there cal ed ndht^ r . ' ^'•^^"'-^"s Bay and alsoe all and singular those lands and hereditaments whats, ver lying within the space of three English miles on the south part of the said Charles River or of any and every part thereof an alsoe al and smgular the lands and hereditaments whatsoever lying and being with n the called the M.«achusets als Mattachusets als Massatusets Bay and alsoe all those ^nds and hereditaments whatsoever which lye and be within the space of three English miles to the northward of the said river called Monon>ack afs Merrimack or the northward of any and every part thereof and all lands and heredi mentt bt dTh "h '7 T"\?' ''"''^ ^'"^^'^'^ ""^"^ -^ "-»'> - >«''tude and in ouT he •'" "f r' 'r«'"'' •"■ ""'• "''''" ''" ^•'^ ^-^'''»> ''f-^-'i through- out the maine lands there from the Atlantick and Westerne Sea and Ocean on ^e east part ^ the South Sea on the west part and all lands and grounds ;ace and paces soile woods and wood grounds havens porU rivers waters fishings a„d he ed.Uments whatsoever lying within the said bounds and iimitts and evefy part and parcen thereof and alsoe all iselands lying in America aforesaid in he LTd seas or either of them on the westerne or easterne coasts or parts of the sa d .rrcfs o land by the said indenture menconed to be given and granted bargai'u ouW enfeoffed aliened and confirmed or any of them and alsoe all mines and ml at he slid 7h ""r "' '"" '"" ''"'' "' "'"" "-- -<' -'--"« "hatsoe"; I lite wh T: T""'""' '"■''"'"'*5*'^ '""•^'"'"^^ preheminences and como- ties whatsoever which they the said Councill established a. Plymou.h in the Zi- t> ot Devon for the planting ruleing ordering and governing of New Eng and „ America then had or might use exercise or enjoy in or within the said at « d premisses by the same indenture menconed to be given granted bargained so 1 en feoffed and confjrmed in or within any part or parcell thereof to hav and to h d aforesaid and every part and parcell thereof a..d .11 the said iselands rivers nor fore unto our said Royall Grandfather his hcires and successors the fifth part of tke ^ppendir. oar of gold and s.lver wh.ch .hould fro.^ time to time and at all times hereafter ^- »3- S^^or^lr^V""" '"' T' "''""' '" '"' "' '•'^ """'• """'' -'''^'" t''«' -i'J -"^-« om nds a I T'' '"' '^'''°' '■°'' ^"' '" ^•''''''■"'•=°" "^ »" '""""^^ "^ duties £1"^ «:il: .icmands a„d services whatsoever to bo done made or paid to our said Roy.ll Grand- """"• '""' f her h,s he.res or successors (as in and by the said recited indenture may more at large appcare) ^ dlrtt ""T T rlf ''"^'''^ <^randfaiher in and by his Letters Patents un- Mai ■ T, 7 "-^ ^"^'""'' ^^'""'"^ '''''' «' mstminstcr the fourth day of Mareh m the fourth yeare of his re.igne for the consideracon therein meneoned ' sir?/ T\ '".f""" ""'" '^' '"''^ *'■'■ ^^""i^ ^'"^'" Si^ J°hn Young Thomas bouthcolt John Humphreys John Endicott and Simond Whetcombe anJ to Iheir as ocates after-named viz: Sir Ralph Sals.entall Knight I«aae Johnson Samuell Aldersey John Ven Malhew Craddock George Harwood Increase Noweil Richard Perry K.chard Bellingham Natluniell Wright Samuell Vassall Theophilus E o„ V 1. am Vassall W.lham Pincheon and George Foxcroft their heires and assignes soyles woods and wood grounds havens ports rivers waters mines minerallsjuris- diccons nghts royalties liberties freedomes imunities priviledges franchises pre- hemmenees and hereditaments whatsoever bargained so^d enfeoffed and confirm^ or meneoned or mtended to be given granted bargained sold enfeoffed aliened and OH . /': Z' '" "^"'•^- ^'''^'''' «•■• •'°''" ^-'"« '^'homas Southcott John Humphrey John Endicott and Simond Whetcombe their'heires and assigne lid LrtTf'r'? rr '' '"^ "" "'=''^'' '"''^"'"^^ *° haveandtohold'the sa.d part of New England .„ America and other the premisses thereby meneoned to be granted and confirmed and every part and parcell thereof with the appurte- nances to the saul S-V Henry Roswell Sir John Young Sir Richard Salstenstall Ihomas Southcott John Humphrey John Endicott Simond Whetcomb Isaac John- son Samue I Aldersey John Ven Ma.hew nraddock George Harwood Increase Now- eil H.chard Perry R.chard Bellingham Nathaniell Wright Samuell Vassall Theo- HutchmsW.II.am Vassall William Pincheon and George Foxcroft their heires and ass,gnes forever to their onely proper and absolute use and behoofe forevermore to be holden of our sa.a Royall Grandfather his heires and successors as o. his manner o. East Greenw.ch aforesa.d in free and comon soccage and not in capite nor by kn.ghts serv.ce and alsoe yielding and paying therefore to our said Royall Grand, father h.s he.res and successors the fifth part onely of all the oar of gold and silver which rom t.me to time and at all times after should be there gotten had or ob- te.ned for all serv.ces exactions and demands whatsoever according to the tenour and reservation .n the snid in.lenture expressed ,^nd further our said Royall Grandfather hy the so.d Letters Patents did give and ,rant unto the said Sir Henry Posurll S,r John Young Sir Richard Saltenstall Thomas Southcott John numphrey John Endicott Symond Whetco,uh Isaac Johnson SamuelU^ldersev John y^nMathew Craddocke George Hanrood Encrease Noweil Richard Perry "';'''''' "'';'tr """""""' "''''^'' *""•"•'' '-""'^ Theophilus Eaton Thomas Golf. Thomas Mams John Brown Samuell Brown Tl.oma.. Ilutchins ff^Mamf assail H ,lliam Pincheon and George Fo.rcroft their heires and as- s^gnes all that part of New England in ^Imerica which lyes and extends between a great R,ver there comonly called Monomack als Men-imavk River and a cer- ta,ne other River there called Charles River being in the bottome of a certaine Bay there comonly called Massachusetts als Muttachmetts als Massatusetts I J I n. 1 112 -^mnduc. Bay and alsot all and singular those lands and henditammis whatsoever lying __• mthtn the space of three English miles on the south part of the said River culled c?u"'.",VUr.r ^*'"*'" ^•''"' '^ "-f "''y "'• '''"'^ /'«'•' 'A«'-«''/ o.nd alsoe all and singular the ".rojriSr- ^'^^ «"'' hereditaments whatsoever lying and being within the space of three English miles to the southward of the southermost part of the said Bay called Massachmetts als Mattachusetts als Massatusetts Bay and alsoe all those lands and hereditaments whatsoever which lye and be within the space of three English miles to the northward of the said River called Monomack als Merrimack or to the no, hward of any and every part thereof and all lands and hereditaments whatsoever lying within the limitts aforesaid north and south in latitude and in breadth and in length and longitude of and within all the breadth ({foresaid throughout the maine lands therefrom the ^llantick or IVesterne Sea and Ocean on the east part to the South Sea on the west part and all lands and grounds place places soiles woods and wood lands havens ports rivers waters and hereditaments and whatsoever lying within the said bounds and limitts and every part and parcell thereof and alsoe all iselands in America aforesaid in the said seas or either of them on the Westerne or Easterne Coasts or parts of the said tracts of lands thereby men- coned to be given and granted or any of them and all mines and mineralls as well royaJl mines of gold and silver as other mines and mineralls whatsoever in the said lands and premisses or any part thereof and free liberUe of fir.hing in or within any of the Rivers or waters within the bounds and limitts aforesaid and the seas there- unto adjoyning and all fishes royall fishes whales balene sturgeon and other fishes of what kind or nature soever that should at any time thereafter be taken in or within the «aid seas or waters or any of them by the said Sir Henry Roswell Sir John Young Sir Richard Saltenstale Thomas Southcott John Humphrey John Endicott Symond Whetcomb Isaac Johnson Samuell Aldersey John Ven Mathew Craddock George Harwood Increase Nowell Richard Perry Richard Bellingham Nathaniell Wright Samuell Vassall Theophilus Eaton Thomas Golfe Thomas Adams John Browne Samuell Browne Thomas Hutchins William Vassall William Pincheon and George Foxcroft their heires or assignes or by any other person or persons what- soever there inhabiting by them or any of them to be appointed to fish therein Provided alwaies that if the said Lands Iselands or any the Premises before men- coned and by tlie said Letters Patents last menconcd intended and meant to be granted were at the time of the grunting the said former Letters Patents dated the third day of November in the eighteenth ycare of the reigne of His late Majes- tic King James the first actually possessed w inhabited by any other Christian Prince or State or were within the Bounds Limitts or Territories of the said South- erne Collony then before granted by the said King to be planted by divers of his loveing subjects in the south parts of America that then the said Grant of our said Royall Grandfather should not extend to any such parts or parcells thereof soe formerly inhabited or tying within the bounds of the Soul heme Plantacon as aforesaid but as to those Parts or Parcells soe possessed or inhabited by any such Christian Prince or State or being within the Boundaries aforesaid should be ut- terly void To have holde possessc and enjoy the said Parts of New England in America which lyc extend and are abutted as aforesaid and every part and parcell thereof And all the Iselands Rivers Porta Havens Wafers Fishings Fishes Mines Minerals Jurisdiccons Franchises Royalties Liberties Priviledges Comodities and Pre- mises whatsoever with the appurtenances unto the said Sir Henry Roswell Sir John Young Sir Richard Saltenstall Thomas Southcott John Humphrey John Endicott Symond Wheicomb Isaac Johnson Samuel Aldersey John Ven Mathew Craddock George Harwood Increase Nowell Richard Perry Richard Bellingham Nathaniel Wright Samuel Vassall Theophilus Eaton Thomas Golfe Thomas A.lams John Brown Samuell Brown Thomas Hutchins William Vassall William Pincheon and 113 George Foxcn.ft their heires «nd assignes forever To the onely proper and abwlule ^pprndix. use and behoofe of the said Sir Henry Roswell Sir John Young Sir Richard S.lten- «»• "• .tall Thomas Southcott John Humphreys John Endicott Symond VVhetcomb laaac c-^:;:;^.-. Johnson Samuel Aldersey John Ven Mathew Craddock Geortje Har.vood Increase "ara'^d SlTarV!!!: Nowell Richard Perry Richard Bellingham Natlmniell Wright Samuell VassaU '""^ '*'' Theophilus Eaton Thomas Golfe Thoma. Adams John Browne Samuell Browne Thomas Hutchins William Vassall William Pincheon and George Foxcroft theire heires and assigncs forcvermore To be holden of our said Royall Grandfather his litres and successors as of his Maunor of East Greenwich in tlic .unty of Kent with- in the Realme of England in fret and comon Soccage and not in Gapite nor by Knights service And alsoe Ycilding and Paying therefore to our said Royall Grandfather his heires and successors the fifth part onely of all the Oar of Gold and Silver which from time to time and at all thereafter should be gotten had or obtained for all servi- ces exaccons and demands whatsoever Provided alwaies and hit MajesUes expresse Will and meaning was that oneJy that one fifth part of all the Gold and Silver Oar above menconed m the whole and noe more should be answered reserved or payable un- to our said Royall Grandlather his heires and successora by oollo-jr or virtue of the said last menconed Letters Patents The double Reservations or RcciUiJd aforesaid or any thing therein conteyned notwithstanding And to the end that the affaires and businease which from time to time should happen and arise concerning the said Lands and Plantacons of the same might be the belter mannaged and ordered and ibr the good government thereof our said Royall Grandfather King Charles the First did by his said Letters Patents create and make the said Sir Henry Roswell Sir John Young Sir Richard SaKenstall Thomas Southcott John Humphreys John Endicott Symond Wbctcomb Isaac Johnson Samuel! Aldersey John Ven Malhew Craddock George Haruood Increase Nowell Richard Perry Richard Bellingham Nathaniell Wright Samuel Vassall and Theophilus Eaton Thomas Golfe Thomas Adams John Brown Samuel! Browne Thomas Hutchins William Vassall William Pincheon and George FoKcroft and all such others as should thereafter be admitted and made free of the Company and Society Uierei.iaftcr menconed one Body Corporate and Politique =a fact and name by the name of the Governor and Company of the Massachusets Bay m New England and did grant unto them and their successors divers powers liber- tics and priviledges as in and by the said Letters Patents may more fully and at iarce appeare And Whereas the said Governor and Company of the Massachusets Bay in New England by vertuc of the said Letters Patents did seate a CoUony of the English in the said Parts of America and divers good subjects of this Kingdomc en- couraged and invited by the said Letters Patents did transport themselves ami their effects into the same whereby the said Plantacon did become very populous and di- vers Counties Townes and Places were created erected named scuforth or designed within tiie said Paris of America by the said Governor and Company for the time be- ing ,ind fVhcrem in the. Terme (if the Holy Trinity in the thirty-sixth yeare of thf )tii,nie of our dearest Uncle King Charles the Second a judirement was gitn-n in our Court of Chancery ti . m sitting lU Westminster upon a Writt of Scire Facias brought and prosecuted in the said Court against the Governor and Company ef the Mussachmttts Ray in New England and that tht said Letters Patents of our said Royall Grandfather King Charles the First bearing date at Westmin- ster the fourth day of March in the fourth yeare of his reigne made and granted to the miid Governor and Company of the AJassackusetts Boy in Next) England and the enrollment of the same should be cancelled vacated and annihilated and shovld be brouglU into the said Court to be cancelled (as in and by the said Judge- ment remaining upon Record in the said Court doth more att large appeare) And whereas several! persons employcl as Agents in behalfe of our said Collony of the Mas- Kichuselts Bay in New Englaml have made their hujnble application unto us that wc 39* I ! I II I i h t 1 1 I h' ¥ r'\i 114 r. u °"^ ""'' •" «""' ""'' '=°"fi'-""' ""'» ''hem such powers nrivile.!,^! 1 f ?&%l; «'"«e^ " in our Royall Wisdome should be thouKht most conduit n^i ": •i»m uj »f„V_ service anri fn »!,„ -.oif™. i i "luugni most Conducing to our Interest and -.i.Oc..i«i*^ »«^^"=« «"d to the welfare and happy state of our subjects in Ne,v England And S. much tend not onely to the safety but to the flourishing estate of our subiec 1 InTh 8a.d parts of New England and alsoe to the advanceing of the en sir h ih h " t Plantacons were at fir.t encouraged Of our eape.iall 'grace c ta ne kllct! H meere mocon Have willed and ordained ^„rf f^ Doe l^ iA eZlenTstrf f^etres and successors torn and ordainctAut the TerritliTaJcT "" lony of New Plymouth the Province of Main The Territory, cnlUA T f unto our said subjects the Inhabitants of our saTprZZ fr7 T^T' Massachusetts Bay and their succe.orsiil th^arf^Z Enl^T' f "' ca lytng and contending from the Great River comonlv cuiZm '" '"''■' rijck on the north part and from three Zi:ZL:ZZ7Z7 " V'? ^tlantick or Westeme Sea or Ocean on the south part aZall. T'^ "'"''' " '^« ^am^ts u^atsoevcr lying .ithin the limitts Xl^^:^ I^S^^r:^'"-- the utennojt Points or Promontories of LandZued CapeLTaZZTliT."' ^orth and Sottth and in latitude breadth and in length and , f\r''' within all the breadth and compasse aforesaid th^Zhott the M' r f """^ reckoned up into the Land from Piscataway Harbour tZthxZ 7 '^"''" River and alsoe the north halfe nf ih. n, r J, , '^'^""^'* -'^'^wickawannock Chappawock and Nantucketttaf Can^t ""'""' ""'' ''"" ^*'" "/ Hereditaments lyingTd bLZ th7cou1 "^""T ■ """ ""'^ "' ''""'' "'"^ ^Voodgrounds Zens ilJ^^. -Ltrr^J'Z; l^L^ l^r ^"^ sts rohatsoever lying within the said Bounds and Li,n!n.,T I ""'" ondparcell thereof ^nd alsoe All IseZ:tZ^^',;^Z''':^^^^^ ^nrectly opposite to the Maine Land u.thin th^^^Z^'^^j^lZ^'"^"" M.neralls as well Royall Mines of Gold and Silver as othe M et a^^M '."" ,""'' -ve. . the .id Lands and Premi.es or any part th^o? Toi:;' ri^rL: ^ 115 heires and successors as of our Mannnr nf it,.* n T "'^ "' ourii.m.„j 4,^.1 Fealty onely i„ Free and rZnZZ^Y^^^^^^^ •" ''! '"""*^ "^ ^''"^ ''^ '"• our hei.s and successors jhe fift! part oTaiyCo '^ "jlf "y'"» '•'^'^'"'"•^ ^^^'X '» "<• which «hall from time tolime and at In » I ""/ """ ^'' ""'' *''-''*'°"» «'»"" and ohteined in >ny Ti;:::it::^zt::^T:;:;:^ '^^ ^^^^ Provided neverthelesse And Wee Doe for u. „ ! h °'/"'"" ""^ P»« thereof daine that all and every such Lane sl'nlments ad uT ""f """"" «""' ''"' °'- which any person or persons or bod l,!. . r "^'^'^''''''ents and other Estates .ed,esorLL.esdoehTa:d::;;trl^^^^^^^^^^^^ aforesaid by o. under any Grant or p„T . . ^"•'•^'^"''"'"'"''"""d'' Court formerly held r by v^e of fhe Let t^V:"' '':: '^""*'' '' ""^ ««"-" any other la.full right or ty t eThatsoever r'nT ^ 1 '""" '"'''' '""'"' ^ ''^ politique and Corporate TuC es vrr[i '^ T"' """ P^^-i^olie. successors and asLes for Tver he ea'^r h '1 " ''"'"" "'"'• '^'''^"'•^« ''«''•«'• and intent of such respect veGr„tt^^^^^^^ .■ '"'"''^ ""•""*"« ^° '»>« P""-?"'' Services thereby reser^rj':: mTd": ^tlltylr^::!::? I" ''^ '^^"'^ "^ contrary notwithstanding And Provided also« ,h„. t u ^ >vhatsoover to the tend or be understood or iaken o ile 1 ^ ' ?""^'"« •'«^-" -"'--'i "hall ex- .nand which Samuell Alien of U do^M rcha'S: '^"'f '"' ''''' '"'^'^"^ °^ ^^" »on Esquire deceased cr any other per^ntn!? u""" '"' '""^'' '''""* ^'■ claime to have hold orenjoy oi; i„tor:uT:fy';ro^^^^^^^^^^ ate within the limits above menconed But ih.i .h i T i, P'em.sses scitu- .ve,y „., ^™ ..a ,.,„„. ;;i„":m wiitrivl" *"" *" •"" maner and noe other than) as if these Presents ha . , T7 '""^ '" '"*='» our f..r.her will and pleasure that no g" nT ^ r f' """ "f "' """"^ ^' >--« mcnts or Hercditame .ts to any Townes Co,. 1. {"r/'T, "^ ""' ^'""^^ ^ene- vate person or persons shall l/j d^e r t^ To k; " V ^^"^"'S-'" -X P"" rea.on of any want or defect of fL'e uUhat tL 3ame 2 f Z ''"^"""' '"' °^ '^ be mainteined adjudged and havP nr u '' """^ ''''"'''"« "^ f'"-'=e and before the tin,e o tEaid ec tec t '" " '""""" " "'' ""^ ^''""'^ - -«ht and there usual, pra:t:d rn^tll^d^T vrte^re^ f "^^ "^ f '^"^ ''- successors will establishe and ordaine that f "1 h r u . "' ""^ '"'^'''-'^ ""'* Governor One Lieutenant or Deou v („ T ^"^ '^" ""^"^ *'^'''' ''^ One or Territory to be froTt Le to fm , ^^ ""f '"' ^'"'""'^ °' °"^ ^^^ Province successors and eigh tan .Te tvZ f 7 t"' '=°'"'^^-"«'«''^ "^^ "— "eires and to the Governor of IuT! 'rP^t t Te:^^^^^^^^^ '' ^^^'T"^ -^=^""« «ents is hereafter directed and appointed wrcHd CoulT' f " '' """* ''"- constituted elected and chosen in , J" 7 " '"'^. ^'*""'^'"°'''°'- Assistants are to be .ents is expressed Ad f he b . ""' '"'""'='' '' '"^^^'''- "' '»>«^- ?'«- this behalfe' VV L ly t^^^^se pTes^trr" "' °" ''"^^" ^'^"^"'-^ «"" ^^^ '" nate ordaino make and co. sU uto "" °"'" '''''■'^'' ""'^ *"•=«-«" "°'»'- John Richards Nath iel Sa t „ ulvTV "^"'^'"^'^'^ «""»" «™»'^«'-«* Sunuell Sewall SamuJn ApI ton 1" '""'"" ''"'" ^^"'""^ •^-^ «•-" Hutchins Robert p"ke Jona ha„ C rw 7T" ."""""^ '''"" "•■'^^"^-- ^'-"» Middlccot John Foster Peter So Lnt J " , '" '"'"""^ '''''"' '^'"'''^P «-'"■■'' Thomas Hinkeley VV inarBS/r:' \v'":' ''"""^' "^y'""" Stephen Mason Samuell Daniel. Tnd Silvlst^ Es^uiril^^ir^^^^^^^ ^""'"^ ^°^ -^'-" Assistants of our said Provinoe to contin.T .! ""'' '"■''^"' Councillors or n' ^.I'l ;| i;i li 116 ^fpentUx. yeare of our Lord one IhuUMnd six hundred ninety-three and untill other Councillora ^^ " • or Aosistanta shuli be chosen and appointed in their atead in nuch manner a« in these ci»ri«r«rMMa- Presents is expresoed And W'ce Doe farther by theac Presents constitute and appoint ■lllKi'Un, bjT Wll- , 1 11 1 1 t All' 1-1 . ■ „ uamuiii Mar/.- our trusty and vvcJl)elovcd Isaac Addington Esquire to \»i our first and present Secre- tary of our said Province dureing our pleasure and our Will and pleasure is that the Governor of our said Province for the time being shall have authority from time to time at his discrccon to assemble and call together the Counccllors or Assistants of our mid Province for the time being and that the said Governor with tiie said Assistants or Councellors or seaven of thuin at the least shall and may from time to time hold and keepe a Council! for the ordering and directing the affaiies of our said Province And further Wee Will and by these Presents for us our heires and successors Doe ordaine and grant that there shall and may be convened held and kept by the Gover- nor for the time being upon every last Weclnesday in the month of May every yeare (br ever and at all such other tiroes as the Governor of our said Province shall think fitt and appoint a great and general] Court or Assembly shall consist of the Governor and Councill or Assistanta for the time being and of such freeholders of our said Province or Territory as shall be from time to time elected or deputed by the major part of the Freeholders and other Inhabitants of the respective Towncs or Places who shall be present at such eleccons each of the said Townes and Places being hereby empowered to elect and depute two persons and noe more to serv ; for and represent them res- pectively in the said Great and Gcnerall Court or Assembly To which Great and General Court or Assembly to be held as aforesaid Wee Doe hereby for us our heires and successors give and grant ftill power and authority from time to time to direct appoint and declare what number each County Townc and Place shall el^ct and de- pute to serve for and represent them respectively in the said Great and Generall Court or Assembly Provided alwaies that noe Freeholder or other person shall have a vote in the eleccon of Members to serve in any Great and Generall Court or As- sembly to be held as aforesaid who at the time of such election shall not have aa Estate of Freehold in Land within our said Province or Territory of the value of fourty shillings per ann at the least or other Estate to the value of fifty pounds sterling and that every person who shall be soe elected shall before he sitt or act in the said Great and Generall Court or Assembly take the Oathes menconed in an Act of Parliiment made in the first yeare of our reigne entituled an Act for the abrogateing of the Oathes of Allegiance and Supremacy and appointing other Oathes thereby appointed to be taken instead of the Oathes of Allegiance and Supremacy and shall make repeate and subscribe the Dcclaracon menconed in the said Act before the Governor or Lieutenant or Dpouty Governor or any two of the Assistants for the time being who shall be thereunto authorized and appointed by our said Governor and that the Governor for the time being shall have full power and authority from time to time as he shall judge neccessary to adjourne proroge and disolve all Great and Generall Co-irts or Assem- blies mett and convened as aforesaid And our Will and Pleasure is and Wee Doe hereby for us our heires and successors grant establish and ordain that yearly once in every year for ever hereafter the aforesaid number of eight and twenty Councellors or Assistants shall be by the Generall Court or Assembly newly chosen that is to sajr eighteen at least of the Inhabitants or Proprietors of Lands within the Territorie for- merly called The Colony of the Mossachusetts Bay and foure at the least of the Inhabit- ants of or Proprietors of Lauds within the Territory formerly called New Plymouth and three at the least of the Inhabitants of or Proprietors of Lands within the Terri- tory formerly called the Province of Main and one at the least of the Inhabitants of or Proprietors of Lands within the Territory lying between the River of Sagadahoc and Nova Scotia and that the said Councellors or Assistants or any of them shall or may at any time hereafter be removed and displaced from their respective places or trust of Councellors or Assistants by any greater General Court or Assembly, and 117 that if any of the said Cbuncollor., or A«iMant, .hall happen to dye or bo removed a, Append!:, a^ore..,.d before the genen.ll dny of election that .hen and in every Huoh ca-e the N^' " Oreut and Oenerall Court or Aaaembly at their f.r.t fitting may proceed to a new c..„— ,^. Llec.on of one orn^ore Councillor, or A.si.,ants in the roome or place of such n'^ir,! £jl!: Counc.llora or Assistants soe dying or removed And Wee Doe further grant and or-"*""' '"'■ dame that it .hall and may be lawfull for the said Governor which Uie advice ant.ng that all such OrUcs Laws Statutes and 0.dinances Instruccons and Direccon, as .hall be soe made and published under our Seaie of our said Province or Territory shall be carefully and duely observed kept and performed and put in execution ac cord.ng to the true intent and meaning of these presents Provided alwaies And vvec doc by these presents for us our hcircs and successors establish and ordaine that tn the f.arae.ng and passing of all such Orders Laws Statutes and Ordinances and .n all Election. a..d Acts of Government whatsoever to be pawed made or done by the «a.d Generall Court or Assembly or Councill the Governor of our .aid Pro- v.nceorlerritory of the Massachusetts Bay in New England for the ti.ne beine .hall have the nega.ivevo.ee and that without his consent or approbacon signif.ed and declared .n writeing noe such Orders Laws Statutes Ordinances El.ctions or olh« 7lll Ocl. IWl. I m f 7 - 1; f ' i ri IflO '^So"u^' "*' °f «°''"n'"«»"t whalnoever ioe to bee m.dc ,.aMo<| or done by tho »i.l Oener.ll Assembly or in Counnll Miull be of any force ollect or validity any tbinx hi-rcia S!:r;r.:2'rv"ir *'°""'*"""' '""''' '=°""""y '" ""y **'»« notwUhitanding An.l wee doe lor un our '■iXiMr.'- *•*"'" ""'• «"CceMor. eitabli^h .n i"g .hall h.ve Ml ;owe;:^d ..l7i^ to7""", "' ""^ ^•'" '"^'"^'' '"^ ""^ "^ '^• - and thin«, wLhr ltrofi?:::vrnr:;;t;"^ r" -^^ r '■ could by vertuc of these our Letter. Pai..„., VT , "'*' '^'"'« ""«''""■ .on.iy p.«>ntu„tii, the r:^::^!:^^^^ ::::'r'"' u'''' '"''' "-'■ of .uch other Governor as ,hall or mav be apZ edb. . ■ "" ^ ''"""•"°" hi. .tead and that when and a* often a, the r ^ .?'' '""" °'' "'""'"'■• '" vernor of our .aid ProvLce oVt:: ^"fo^rZ; l1 ''77:' "^ "^'""^ ^••'■ displaced by us our hcires or sucpoT.Z i . . ""^ "'"'" '"'''•"'" '" '"« "«• ''« there shal! L noell w .h n thJ^ 1 p" ""• " °"'' "" '''•"""^ ""'^ """ cesser, to be Gov Z Z „ t «1 7'""^'"'"'°'""^ '^ "' •""• ^»'"=» ~ cill or Assistant, of o " d i iZM Lnr" Mr'"'' "' '"' "'" ^"'^' •»"= ^°""- Doe hereby ^ive and k anTunto U. '' n "^'"'^ ""' ""'^"'"^ »•"• ^^-^^ for the tiin'e ling o the 1 IJ. „T ' "^Tf °' ^"'""^'''^ °'" "- "-' ''-vince eu.e all and ever/aucltcZuera t Xtl^rhLiT''"'^^ " "?.""" "- or Deputy Governour of our said ProviZor Te' t^^^J ^^^^^^ or could lawfully doc or .-xercise i they or ei.ht of7 ""'"'"« '"'«'" ••ntill the rclurne of the GovPrn„.J i^ """ '""'' P^'oi^'Hy present arrival, or cons ttuco f irr.he; gZ^^ "l """"'^ ""^^^'""^^ ''"' "'^"^ ^ •r, shall or may be appointed bvto.ir. ^ """•'"'•"' •"• ^''''"•>' «°^«'"°"'- vided ...Kvaies a'nd it s' by .LLe Jt^no^ "7""°" '"'" """' ''^ "•"" *•- !.n taken to erect or .rrant „r „n .1 "«"hing herein con.eyned shall extend or I'owerora,. oHt/r ha , 7 .T:'" "' ^^ A''-"" Court Jurisdiccon successors an. sh H in 1 ! " K T'' '' '''"''^ '"'^'•^'''' •« ^ -' -«• oon,ission. ,o be il 1 U ^ ^real S^ f F^T' T' ""'^"''•' "^ ^•"'- «^ HiKh Admirall or ih. P. . "'^ f-ngland or under the Scale of the ...nd '1:;: er^ r^^^^^^^^^^ "'Tice of High Admira.l of E„! A.r us our huires and u cZr „ , T""' ' " ^'"^ ''^ '^''""^ P^"-'" .M..dl not in any ma.^r rrrorbe l" T T'-T'"! '"''' ""^ "'^ ^''"''" '*»'-'•' -l.jec,s whatsoever o uTand xt ,-' '^^ >■ - " '"'""" ""' °''""' '"'''"« EuKland but ,hat the a. d eve' „ ' - ^^ ' "'"' "" ''"''"' °'' '^'•^" o..ntinue and use th/sa ^r e o FUl.'i ' V"" ""' '''" """'^^ «"'' '"-'- '« ...reunto adjoining „r ai;:::^ ^ '^J^J^ irj. S^?'^ Ir ""^ "^ '"^ ^^"^ have been wont to fish and to bnil,! , .! , "*'"■ ""'*-''''' "''"^ 'hey or Colony lying w It a d „ot " l'"" "" '^"'"'^ ^^'""" "^ -''' ''''ovince Stage, and Wofkhou es , 1 I '"" '/ P^^-"- ^'-I'-'o" such ^Vha.■fes ...« of their Fish to he .^k ^ .nZll'L^"';'''^^ "^^''"^ '^"^ "-'" such Trees and other .natterialls there 1. ""* "* *•"" ^owne and take wnst and not then in p st"io„ of ,ef, T^'n" '"^ "'"" '"' '"'^'•'°'- "'='-'• '>'"g pu,posc and for all oil eTlJc , 'eT '^ , .''T"""? " ''"^" ''" "^•^•^^"" '"'>''"»' ■ade of Fishing thererri^^ r 2 r" ""' ^"^^""^^^ ^"--"^■■" "^ No. U, •'iii.iiu. b> Wil- liam ami Miry - ^lIlUcl. HMI, sa 31' i as they have been heretofore at I' 1 ' (fc tf 1 ^ ;r ■i i : : i 1-1 '} 1 'if- ■^ I "Appendix. No. 13. (■'tauter or Mutt- •bnit'tu, bjr Wil- liam uid Naiy.— 71h Oct. 1001. 123 any time accustomed to doe without makeing any wilfull waste or spoilc any thing iu these presents conteyned to the contrary notwithstanding And ia.stly for the better provideing and furnishing of Masts for our Royail Navy Wee Doe hereby reserve to us our heires and successors all trees of the diameter of twenty four inches and ii|)vvards of twelve inches from the ground growing upon any soyle or tract of Land^itiiin our said Province or I'erritory not heretofore granted to any private persons And Wee Doe restraine and forbid all persons whatsoever from felling cutting or dcstroyinp; any such trees without the Royail Lycence of us our heires and successors first had md obtained upon penalty of forfeiting one hundred pounds sterling unto us our heires and successors for every such tree so felled cutt or destroyed without such lyceiicc had or obtained in that behalfe cny thing in these Presents conteined to the contrary in any wise notwithstanding In Witnesse &c Witnesse ourselves at Westminster the seaventh day of October. By Wrilt of Privy Seale. This is a true Copy from the original Record remaining in the Chapel of the Rolls, having been examined. JOHN KIPLING. i 4U. ' ' S' nn\^ 9 r| I ' 'H'f j 'A I'* , % 1 •tl !|- ' ! 1 ":■ I 1 any thing iii 'or the better reserve to us ind upwards tf^itliinour ns And Weo stroying any first had and IS our heires mch lyceiioo the contrary tminster the Ivy Seak. hapel of the IPLING. APPENDIX No. XIV. EXTRACT OF A LETTER TBOM TUX LORDS COMMISSIONERS FOR TRADE AND PLANTATIONS TO TBI EARL OF BELLOMONT, UAT'.D 30TH OCTOBEll, irOO. The address of the General Assembly of the Massachusetts Hay to ^is Majesty re- ceived with the first of those Letters, shall be laid before his Majesty, with a Repre- sentation, which we intend to prepare on the same matters. What has hindered us hitherto from doing it is the want of a Draught of the Charter for Harvard CoUctlge, and such other informations as we expected to receive from Sir Henry Ashurst, in pursuance of the directions which your Lordship writes you had given him on that subject We have writ to Sir Henry Ashurst about it soma while since, but have yet received no answer. •/?.? to the Boundaries we have always insisted, and shall insist upon the Eng- lish Bight as far as the Biver St Croix; but in the mean while, in relation to the Incroachments of the French and their building a Church on Kennebcck River that seems to us a very proper occasion for your Lordships urging the General Assem- bly of the Massacusetta Bay to rebuild the Fort at Pemaquid, which they ought to have done long ago; and thereby they might have prevented this and many other inconveniences. The alarm they have had from the Indians, is also another argu- ment to make them think seriously of that matter, and they ought to be pressed to it with all possible earnestness. The Acts that you have sent us of the Massachusetts Bay, past there the 29tli of May last, are not under Seal; but we suppose wc shall ere long receive t.n authcntick Copy thereof (as we have done others formerly) from Mr Addington, and then they shall be considered. The Representations that we were preparing, upon the Acts of the General Assem- bly of the Massachusetts Bay having been laid before their Excellencies, we send you copies thereof here inclosed; to which we refer ourselves, for the reasons of what we have therein offered and when we receive orders thereupon, they shall also be trans- mitted to you that they may be observed. In relation to those Acts, wo send you also, herewith, a Copy of some Remarks, that we have made upon divers of them, which we think very proper to be observed by the General Assembly of the Massachusetts Bay, upon all like occasions. Mr Hillary Renue, a member of the Lustring Company, who has had many occa- sions to apply to us in behalf of that Company, has lately communicated to us the Copy of a Letter he writ to your Lordship the 6th of March 169*, relating to lus- ti.ngs and Alamodes unlawfully imported into New England, which letter he says was delivered to your Hands: and he has further desired us to recommend the mat- ter he writes about to your Lordships care. iJp/icnUi.i: No, It. I.ellcr rrnin Ihn Iictrils Cnniinls- utiincrs of Trado mill Plai tnliiiiif*. In DiB KnrI CI' Bcllomont. '- PLAPFNTIA. AND CAP rAlM.r.EKE«AL AND «OVEKN»H.lN CHIEF Of NOVA 80OTIA, UlH SWT: 2 tW): H. 1719. 'SITTS,. OlTICJt. existing io of the said tieth day of indreil and s of Amer- NGS, onwealth. mm pm-t of Patents in tM Second yt» ^ King Geot-ge tht Semnd George the Second '>y 'hoGraceof God&c toourtr.sty and welbeloved RichardPhi- ^ ^• hpp- L«qu.re greeting WW. o.r lute Royal Fath^ of bl.^sed .umory didi Sj" Aw Lett^, Patents mider hi* Great Seal of Great Brit ainbeuring date ut fVestmin iter tlxenmeih day of hdu in ttie Fifth veiirnfhi^y^i.,^ ^^ ,-, . . """" commiMioni of i'^^^'^i^HiohJplliJsG^erSof'ZltT^Z^^^^^^ Amenca torand during h.s sa.d late Majesties will and pleasure as by the .«id .^cited Let tens Patent, relation he.ng thereunto had may „,ore fully and at large appear In which sa.d office by v.r.ue of ,he statute in such case made and provi.led he .as contin d for the spaee of s,x «,onths from the time of the demise of hi, said late Majostie and by v.r,ue of our Royal proclamacon for that purpose issued bearing date t / M y of July .n the first year of our reign he is continued until our pleasure be further known or other provision be made concerning the said office Now know you thai wee have revoked and determined and by these pre.sea.s do ..voke and dcteline ^e s«.d recited Letters Patents and every clause .rliele and thing .herein con. "Z Jlnd further W you that u,ee ..posing especial trust and eonlidenee ir t 1 "^^ deuce courage and loyalty of vo.i the said Richard Philipps out of our « J T ^ eertain knowledge and meere ^o.on Ha oe thought fZTo^iZT! '''''" and by these presents do constitute and appoiuLouthia^RT Til v^""' 6e our Governor of Placentia in NeJLdlaLaldZca^t^^^^^^ "\ Gor,rnor in Chief in and over our province of\Za Tr T"' ""'' ^™ And Wee do he.by require anj'comirnj^o'rit 'ru.e:::^' '" .K due manner ,ha. shall belong unto your said command an .he Ju: / L^j"*^ posed in you according to the several powers and authorities ^a, t!d or L . ? by this present comission and V Ins.'ructions he.ewnh g vef vo . or bv'"" K r T ^..ers instnictio.. or au.ho^ ... a. ..,. a. any tim. LeSXglt iTa I'i ^ fd you under our S.gnet a,u. Slg,. .,„„ua, ,, fa ^,. „^,,^^ » privv Cour ." .nd according to such rea.^.able laws and stetutes a. hereafter sh.U be' Ze and t : if;:: ' :ii Il fl I7I9 126 *^^o"if *■ ^'^^^^ '° ^^ ^°" '*'"' '*'® ^'^''^® ^""^ '^°"*^"' •*'" **"'■ Council and Assembly of our said _^- Province hereafter to be appointed and for the better administration of Justice and thf"co""v'c";;:™::;f'"*"*8®'"^°'°^*''«'P"^'''=k affairesof oursaid province Wee hereby give and grant un- ^•ov. scoH.. to you the said Richard Philipps full power and authority to choose nominate and ap- i"h '"bjaS;; P°'"' '"'='' '^"'"8 ""'' *^'''*='"«^' P^""'^ " y" *''''" either find there or carry along wilh ^'» ' you not exceeding the number of Twelve to be of our Council in our said provmce till our further pleasure be known any five whereof we do hereby appoint to be a quorum which being done you shall your selfe take and also administer unto each of the mem- bers of our said Council the oathes menconed in an act passeu in the first year of Hia said late Majesties Reign entituled (an act for the further security of His Majesties per- son and r,overnment and the succession of crown in the heires of the late PrincesJ Sophia being protestants and for extinguishing the hopes of the pretended Prince of Wales and his open and secret abettors) as also to make and subscribe and cause them to make and subscribe the Declaracon menconed in an act of Parliament made in the twenty fifth year cf the Reigne of King Charles the Second entituled (An act for preventing dangers which may happen from Popish Recusants) and you and every one of them are to take an oath for the due execution of your and the.r places and trusts as well with regard to the equal and unequal administration of Justice in all causes that shall come before you as in all other matters and like wise the oath required to, be taken by all Governors of PlanUtions to do their ut" most that the laws relating to the plantacons be observed aU which oaths Wee do hereby impower any five of our said Council to administer to you and wee do herebv give and grant unto you the said Richard Philips by your selfe or by your Captains and commanders by you to be authorized f«ll power and authority to levy arm muster command and employ all persons whatsoever residing within our said province of No va Scotia under your Government and as occasion shall serve to march from one p- e" to another or to embark them for the resisting and withstanding ol all enemies nirlt« and rebell. both at Sea and Land and to transport such Forces tolny of o^Tan aul an America if necessity shall require for defence of the same againsl the Invasion o a" tempts of any of our enemies and such enemies pirates and rebels if there shall be oc casion to pursue and prosecute in or out of the limits of our said province and if it shall so please God them to vanquish apprehend and take and being XlZ'Z to Law to put to death or keep and preserve alive at your di,eretifn and to tf martial Law in time of invasion insurrection or other times when by LawU maTbe executed and to do and execute all and every other thing and things which o our Cop! tain General and Governor in Chief doth or ought of right to belong And wee doli^e wise give and grant unto you full power and authority by and with the advice and cnsent of our said Council to settle and agree with the Inhabitants of our s^id"' ZrTJ hT^!"'" "''' "-"'* ''^"'^•"^"'^ ""'^ Hereditaments as now r or hereafter shall be .n our power to dispose of and them to grant to any person or ner men s to be thereupon reservea .nto us as you by and with the advice aforesaid slfal thmk fit which said Grants being entered upon record by such officer as youlal p point thereunto shall be good and el-l.tual in Law against us our heires and ucds I And wee do hereby give and gran, unto you the said Richard Philipps or to anTrJe or more of the Council full power and authority to administer the'XmetLed oalhes unto every person in the said province capaUe by the Laws ioil^^T And wee do hereby further give full'pow«r and au;oW ty to y^ He s ad RicTaTd' Phihpps to do execute and performe ail and every such further act and ac as s 1 r and'trtt"; : '° 'r ""'^^ "'""^ "'' P^"^'"- -'^ '»>e good ^ Ih e and to the honour of our Crown And our further will and pleasureTs and wee do he by require and command all officers and ministers civil and military rdllTler In habitant, of our said province of Nova Scotia to he obedient aidin^ani agisting ulto 127 province to be obedient ai..i„« and as.:!:^^ e'^ :;i;'rr,,rr^°"^ "'^^ ^-li^" by us to be our Lieutenant Governor or Commanderin ^ht f ♦I • "^^""""^ .-'^T'"-'- - whom wee do therefore by the. present, givrand 1 :n. a a„^«„ Tl •"""* '" ^-"^'' " and auU,oritie, herein gn.nted tobe by hi.Leeutedtn'd 4 "ed a^Z^ZT %^^' or unt. your arrival within our said province And wee do ie^ de2« o,^^^^^^^ .ppo.nt that you the said Richard Philipp, shall and «.ay hold ex'^^cute ^ n "v "^ office and place of our Governor of Pl.centia in Newfoundland and our ^^0,^ raland Governor inChiefin and over our said province of Nova Scotia wu" Si ,' and appurtenances whatsoever together all and singular the powers and alori tt™ :js:;w:tZs^r.:=:;:^^e^:r^ JOHN KIPLING. oovmaaaoK op »xohahi> vbxijtb, rmtman, AS GOVERNOR OF PLXCEXT.A AND CAPTA.N-GENERAL AND GOVERNORIN-CH.EF OF NOVA SCOTIA, 9111 JULY. 5 GEO: U. Secunda par, Paten de anno Regni Regis Georgij quinfo. George by the grace of God .c To our trusty and welbeloved Richard Philips Esqui. .... .„,, Oreetmg WiJuiy.iTsi. ' Knowyee that Wee reposing especiall trust and confidence in the prudence courage and loya ty of you the said Richard Philips out of our especiall grace ce tain know ledge an.1 meer mocon Have thought fit to constitute and appoint And 4 mI ^^^^ sents Do consUlule and appoint you the said Richard Philins to be Llr ^^Placentia in Newfoundland and our Captain GeneraZltZf::7hZ m a,ulover or^r Province nfNova Scotia or ^ccadie in^merica AnTwe^ Do h!^^ by requ... and comanU you to do and execute all things in due malerThat^L, hi' long untoyoursaidCon^mandand the trust wee haverepo^d in yoTaroiio^'es: yeral powers and directions granted or appointed you by this nresent CoS ^ the Instruccons herewith given you or bj'su.h furLr pUe"s nX onrLtrf .es as shall at any ti.ne hereafter be granted or appointed you unde^ our S In" a j S.gn Manual or by your Order in our Privy Council and according to such easonable Laws and Statutes as hereafter shall be „,ade and assented to by vou w" h hTadJice and --nt of our Council and As^.bly of oursaid Province heito^^^^^^^^^ ed and for the better administracon of Justice and management of the Publick Aff rs of our sa,d prov.nce Wee hereby give and grant unto yofthe said Richard Ph iips^'t power and authority to chusc nominate and appoint such fitting and discreet per, "s as you aha,, either find the. or carry along with you not exceed-ing the n mber o «elve to bo of our Council m oursaid Province till ourfurtber pleasure be known anv five whereof Wee do hereby appoint to bea Q.orum which being done you 1707. ^1 take care and also admnuster unto cnch of the Men>bers of our sail Counc I ,1 Oathes menconed in an Act parsed in the first year of our reign entitulcd An At 1 ho A ■ft ! V >* ! i ■>"' H-. tili M 11 I 1S8 Appendix, further seturity of His Majesties person and government and the succession of th» 1. ■ crown in the heires of the late Princess 8ophra being Protestants and for extinguishing iSov.snMia. and subscribe and cause the Members of our said Council to make and subscribe the l)e- mTi'/.i-'i"'.''''' •'''•"•''^ menconed in an Act of Parliament made in the twenty fifth year of the reign of King Chai ks the Second entituled An Act for preventing dangers which may hap. pen from Popish Hccusanis And you and every one of them are to take an Oath for the due execution of your and their places and trusts as well with regard to the equal and impartial administracon of Justice in all Causes that shall come before you as in all other matters and likewise the Oath required to be taken by all Governors of Planta. Irons to do their utmost that the Jaws relating to the Plantations be observed All which Oaths Wee do hereby impower any five of our said Council to administer to you And Wee Do hereby give and grant unto yo-i '.^p »aid Richa'J Philips by youwelfe or by your.Ca'-tains and Comanders by yoi ^lorized full power and authority to le- vy arm muster eomand and employ a' , whatsoever residing within our said Province of Nova Scotia under ycur Go ,nent and as jcc-.sion shall serve to march from one place to another or to embark them for the resisting and withstanding of all enemys pirates and rebels both at sea and at land and to transport such Forces to any of our Plantacons in America if necessity shall require for defence of the same against the invasion or attempts of any of our enemys And such enemys pirates and rebels if there shall be occasion to pursue and prosecute in or out of the limits of our said Pro- vince and if it shall so please God them to vanquish apprehend and take and being ta- ken according to Law to put to death or keep and preserve alive at your discretion and to execute Martial law in time of Invasion Insarrectian Warr or other times when by law it may be executed and to do and execute all and every other thing and things which to our Captain Generall and Govenwr in Chief doth or ought of right to belong • And Wee Do likewise give and grant unto you full power and authority by and with the advice and consent of our said Council to settle and agree with the Inhabitants of our said Province of Nova Scotia for such Lands Tenements and Hereditaments as now are or hereafter shall be in our power to dispose of and them to grant to any person or persons upon such terms and under such moderate Quitt Rents services and acknow- ledgements to be thereupon reserved unto us by you (by and with the advice aforesaid) shall think fit which-said grants being entered upon record by such officers as you shall appoint thereunto shall be good and effectual in Law against us our heires and succes- sors And Wee Do hereby give and grant unto you the said Richard Philips or to any five or more of the Council full power and authority to administer the afore menconed oaths unto every person in the said province eapab "by the laws to take the same And Wee do hereby further give full power and authoi ■ to you the said Richard Philips to do execute aiMl perform all and every such further act and Acts as shall or may tend or conduce to the security of your said province and the good people thereof and to the honor of the crown And our further will and pleasure is and Wee do hereby require and eomand all officers and ministers civil and miliUry and all other Inhabitants of our said province of Nova Scotia to be obedient aiding and assisting unto you the said Rich- ard Philips in the execucon of this our Comission and of the powers and authoritys herein contained And in case of your death or absence out of our said province to be obedient aiding and assisting to such person as is or ^hall be appointed by us to be our Lieutenant Governor or Comandcr in Chii^f for the time being to whom wee do there- fore by these presents give and grant all and singular the powers aad authorities herein granted to be by him executed and enjoyed during our pleasure or until your arrival within our said province And wee do hereby declare ordaine and appoint that you the said Richard Philips shall and may hold execute and enjoy the Office and place of our Governor of Placentia in Newfoundland and our Captain General and Goveinor in m^ r ii n ,, "^ roinmiMlom of Thia i, a True Copy from tne OnVin.i R a ^ '" "'" ^""^ ^"^ N-N.^siX" " RoIJ., h.v,ng been ex'aLineT ' """"' """""'"^ '" ^^'^ ^"'P^' "^ '"e JOHN KIPLING, ooancxsszov to sdward ooauwAuaai AS CAVTAIN G.NEHAL AND GOVE„NOR.,n^„,ek OF NOVA 8COTU. 6TH MAr 22 GEO: II. 1749. """' Secon^pario/ Patents in Me ,u>.nfy second, .ar of Kin, George tke Second GovBBNOB OF NovA ScoTiA Commission George the Second by the Grace of God of Great Britam P,.„ j r . Cornwallia Esqr, Greetine Whereas wa .ii,i k . Honorable Edward Sea, of Greatltain bearing ^1: wlt:i:rCn!:r ^t r ^" the Second year of our Reign Constitute and appoint Sard Ph li/s p' " " Capta n ^Jeneral and Governor in Chief in and over our Province fNov^r!- "" Accad.e in America with all the Riehta ,npmK„„ . ""^'""^^ »' ^ova i>cotia or patent relation being thereunto had may more fullv ^J .,"""*'' ^"""" Know You that We have revoked and dete'rmTed Ad b the^ '^ 'T' ^°" and determine the said .ecited Letters PaUent and ^ rf '""'''"'' ^° '"■''''" therein contained And further AZZTZt^ "" """'^'^ ""' ''''"S Confidence in the prudence Courag al^y hv of vouT 5 pf""! J""^ """ of our especial Grace certain knowldge ^:^:lZ^::\^^::::^ tute and appoint And hj, these presents Do constitute and aZhftJ V ] Edu^ard Coruu,allis to beo^^r Captain General and LZnorZcJf- !,""' our Province of Nova Scotia or .iccadie in America ^Zl tlrti\ " r and appurtenances u,t,atsoe.er thereunto MongiZ And ielotX " and command you to do and execute all things if du^e Inne 1 ^11:''"'^ your said Command and the Trust we have ^posed in you acctiin. i 1! ' " "^ powers an.l authorities granted or appointed vou bv .hi. '"=^°"'"'8 .'» '^e several .M.uual r. by .„r 0,d„ i„ ou, P,i,, Council .„d „Li.J^Z ™ ™ b,. . *" .1 y the hi 130 Jfyptmjix. (uid Province until our further will and pleasure shall be known And our Will Mjtl "' piea-iure is that you he waid Edward CornwalJis (after ihc publiealion of thisc our Comminiiin. of Letters patent) do take IheOatlis appointed to bo taken by an Act uasKud in tl.u llrsi ...u^^a. year ol his late Mnjusty Our Uoyal Fatiifrs Uuign Entituled (An act lor the further se- S ri[^iay',''j"r'' """'^ "^ "'* ^'"J'^^')" person and Government and the Succession of the Crown in the heirs of the late Princess .Sophia buinj; Protestants and for extinguishing the hopes of the pretended Prince of Wales and hi»open and Secret Abettors) as also that you may make and subscribe the Declaration mentioned in an Act of Parliament made in the twenty-fifth year of the reign of King Charles the Second Entituled (An Act lor pre- venting dangers ivhich may hiijjpen irom Pojiish Recusants) and likewise that you lake the usual Oath for the due execution of the Ollice and Trust of our Captain Gene- ral and Governor in Chief of our said Province for the due and impartial administration of Justice And furil er that you take the Oath required to be taken by Governors of Plantations to do their utmost tiiat the several Laws relating to trade and the plan- tations be observed Ail which said Oaths and Declaration our Council in our said jiro- vince or any live of the members thereof have hereby full power and authority and are required to tender and administer unto you and in your absence to our Lieutenant Governor if there be any upon the place all which duly performed you shall ad- minister unto each of the Members of our said Council as also to our Lieutenant Governor if there be any upon the place the said Oaths mentioned in tlie said Act in- tituled (An act for the further Security of his Majesty's person and Government and the succession of the Crown in the Heirs of the late Princess Sophia being Protestants md for extinguishing the hopes of the pretended Prince of Wales and his open and Se- cret Abettors) as also to cause them to make and subscribe the aforementioned Decla- ration and to administer to them the Oath for the due execution of their places and Trusts And We do hereby give and grant unto you lull power and authority to sus- pend any of the Members cf our s;.id Council to be appointed by you as aforesaid from sitting voting and assisting therein if you shall find just Cause for so doing And if it shall at any time happen that by the death departure out of our said province suspen- sion of any of our said Councillors or ollierwise there shall be a vacancy in our said Council (any five whereof we do hereby appoint to be a Quorum) Our Will and plea- sure is that you signify the same unto us by the first opportunity That We may un- der our signet and sign Manual constitute and appoint others in their stead liut that our affairs at that distance may not sufler for want of a due Number of Councillors if ever it shall happen that there be less than nine of them residing in our said Pro- vince We do hereby give and grant unto the said Edward Cornwallis full power and authority to chuse as many persons out of the principal freeholders Inhabitants there- of will make up the full Number of our said Council to be nine and no more which persons so chosen and appointed by you shall be to all intents and purposes Council- lors in Our said Province until either they shall be confirmed by u» or that by the nomination of others by us under our Sign Manual and Signet Our said Council shall have Nine or more persons in it And we do hereby give and Grant unto you full power and authority with the advice and consent of our said Council from time to time as need shall require to summon and call General Assemblys of the said Free- holders and planters within your Government according to the usage of the rest of our Colonies and plantations in America And our Will and pleasure is that the persons- thereupon duly clecied by the major part of the Freeholders of the respective coun- ties and places and so returned shall before their sitting take the Oaths mentioned in the said Act Entituled (An act for the further Security of His Majesty's person and Government and the Succession of the Crown in the Heirs of the late Princess So- phia being Protestants and for extinguishing the hopes of the pretended Prince of Wales and his open and secret Abettors) as also make and subscribe the aforemention- ed Declaration (Which Oaths and declaration you shall commissionate fit persons un- der our Seal of Nova Scotia to tender and administer unto them and until Uic same Il>,wu .Mu)'. INU IJl »liull be so taken and bubrcribcd no person shall be capable of MllinR tho' Eleded) .'ippcndU: And we do hereby declare lliat the persons so clcctod and QialiiieU shall be called ''"• '^■ and ■cnied the General Assembly of that our Province of Nova Scotia And that ^„i^J„„. ,„ you le said Edward Cornwallis with the advice and consent of our said Council and '!'", "ic".','::" "' Assembly or the Major part of then, respeclivdy shall have full power ami authority Ed,va,di;:,r,,w«. to make constitute and ordain Uws Statutes and Ordinances for tho public peace wel- "" liire and good Ciovernment of our said Province and of the people and Inhabitants thereof and such others as shall resort thereto and for the benelit of us our Heirs and SuLC( ssors which said J.aws Sialutes and Ordinances arc not to be rejiugnant but as ucar as may ijc a(;reeablu to Hie Laws and Statutes of this our Kingdom ol Great Uci- tain Provided that all such Laws Statutes and Ordinances of what nature or duration soever be within three Months or sooner alter the making thereof transmitted to us under our Sk-al of Nova Scotia for our approbation or disallowan.-.e of tlie same as also Duplicates by the next coiiveyanco And in case any or all of the said Laws Statutes and Ordinances nut before conliriiied by us shall at any time be disallowed and not aj.- proved and so signilied by us our heirs or successors under our or their sign Manual and Signet or by order of Our or I'heir Privy Council unto you the said Edward Cornwallis or to the Commander in Chief of our said Province for tho time being then such and so many of the said Laws Statutes and Ordinances as shall be so disal- lowed and not approved shall from thenceforlli cease determine and become utterly void and of none ellect any thing to tho contrary thereof notwithstanding And to the end that nothing may be passed or done by our said Council or Assembly to the pre- judice of us our Heirs and Successors We Will and ordain that you the said Edward Cornwallis shall have and enjoy a Negative Ollice in the making and passing of all Lawa Statutes and Ordinances as aforesaid And you shall and may likewise from time to time as you shall judge it necessary adjourn prorogue and dissolve all General Assemblies as aforesaid And our further Will and pleasure is that you shall and may keep and use the public Seal of our Proviiiro of Nova Scotia for sealing all Unngs whatsoever ihai pass the Great Seal of our said Province under your Govern- ment And we do further Give and Grant unto you the said Edward Cornwallis full power and authority from time to time and at any time hereafter by yourself or by any other to be auUicrized by you in that behalf to administer and give the oaths mentioned in the aforesaid Act to all and every such person or |>er8ons as you shall tiiink (U who shall at any time or times pasa into our said Province or shall be resident or abiding there And we do by these presents give and grant unto you the said Edward Cornwallis full power and authority with the advice and consent of our said Council t« erect constitute and establish such and so many Courts of Ju- dicature and public Justice within our said Province and Dominion as you and they shall think ht and necessary lor the hearing and determining of all causes as well criminal as civil according td Law and Equity and for awarding of Execution thereup- on with ail reasonable and necessary powers authorities fees and privileges belonging thereunto as also to appoint and commissionate lit persons in the several parts of vour Government to administer the oailis mentioned in the aforesaid Act Entituled (An act for the furlhei Security of His Majesty s person and Government and the Succession of the Crown in the heirs of the late Princess Sophia being Protestants and for extin- guishing the hopes of the pretended Prince of WaL-s and his open and Secret Abet- tors) as also to tender and administer the aforesaid Declaration unto such persons belong to the said Courts as shall be obliged to take the same And we do hereby au- thorize and rjmjjower you. to constitute and appoint Judges and in cases requisite Com- missioners of Oyer and Terminer Justices of the peace and other necessary Orders and Mini'Uers in our said Province for the better Administration of Justice and put- ting the Laws ia execution and to administer or cause to be administered unto them such Oath or Oaths as are usually given for the due execution and performances of Of» fices and places and for the clearing of truth in Judicial Cause,« And We do hereby " .;■; .jiHir I \l III '' 133 ^ppendi.. give .nd Grant unto you full power .nd authority wher, you .halt aee c.u« or shall judge any offender or offender, in Criminal matter, or for any fine, or Forfeiture, du.* X::lr. Sf ""'" "I/" "''J«;t» of O""- Me.-cy to pardon all .uch oBender. and to remit all .uch of- N.,..^.. fence. F.ne. and Forfcitu.e. Trea.on an.l wilful Murder only excepted 1„ which eal .Wm^;.T^^ J«" .^11 Lkewi. have power upon Extraordinary occa.fon to grant Kepr! e^^ the oflbnder.unt.1 and to the Intent our Koyal Flea.ure may be known therein we da by theae pre«int. author.ze and impower you to Coll.,. a„y pe„on or peraon. to any Churche.Ch.peI.or other Ecclesia.tical Beneficie. within our wid Province ..often a. any of them .hall happen to be void And we do hereby give and Grant unto you the Telt .?,?"• " ''^ '"''""''' "■• '^ ^""^ Captain, and commander, by you io be authorized lull power and authority to levy arm mu.ter Command and emly M per.0,,. whataoever rea.ding w.th.n our said Province and a. occasion .hall ive to mar h from one place to another or to embark them for the reai.ting and with.t.ndinK of all Lnemte. ptrate. and Rebel, both at Land and «ea and to TrSn.port .uchTo/ce! to any of our plantat.on. .n America if nece-Mty .hall require for the defence of the «.me.ga.„.t the Invasion or aUempt. of any o. our Enemieaand such Ene.n p'ra^^I «.d Keoel. (.f there .hall be occaa.onj to pursue and prosecute in or out of t^ I m t^ of our «.d Provu,ce and plantation, or any of then, and (if it shall .„ pi .^ Zd^ to vanquish apprehend and ukethemand be.ng taken according to Law to^Z^^l or keep and preserve them al.ve at your discretion and to execJte MarU.l L^Ti .^ t me of Invasion or ot^ter t.me. when by Law h may be executed and to do and e^e uteTn .nd every other Th.ng or Thing, wh -h to«.r Capuin General and Governor "ch.' an?.";:"'. K "*':' '" ^'^^ "^"^ ^^^ *"' '"^^'y «*- -•^ ««"» -«« > »« ^i poti and authomy by and wuh the adv.ce and eonaent of our Mid Council of nZIZZ to Lrect Ha.se and bmld iu our uid Province .ueh and so m.nv For.. l„w ?.f Ca.tle.C.t.e.Borough.Town.andFort.f.ation. aayouVrad'vc'r.^^^^^^^^^ judge nece^iary and the same or any of them to Fortify and furnish with O^Van " vmce and by the adv.ce aforesaid the same again or any of them to Demol..h or Di.m.". wallis full power and authority to con.stituto and annoi... « „ . • . ^°*"'*' ^°'"- of Ship, and other Commander, and oZs an;to'^"L J ' ^"'^"\"''' ^"'^" Master, of Ship, and other Commanders arOfficerclm '"""' '^""''"''"" execute the Law Martial accord...g" 2^^ "ol7.uc7r'^ '" ""'' "' """ '" shall hereafter be passed in G.eatLitai.. t J r^r^'a" Z Z^IZ^ '" 'T''^ the time of War a. afore Jd p3e "Lrntthi a h ' "' ""^''^"'' """"» oftheHave„sRiver.orCrcek.ollursaidprovinceundr;or(^t^^„^^^^^ < eauM or shall ■'orfcHurea dua nit all «uch of- lii which caae Heprievea to therein we da >ersoflS to any nee aa oAen as unto you the lera by you io nd employ all ihall serve to withstanding rt such forces efonce of the ieiniespirate» of the limitA > please God) >put to death Law in time d execute all pnor in Chief >u f«ll power Nova Scotia id platforms sresaid shall th Ordnance )UE said Pro- I or Dismaa- •orders may d to the end ay bo belter ward Corn- nts Masters Lieutenants s of War ta ' in force or iroccedings ho shall be the time of 'incousthe ona during e construed is..,~.,„.., not otherwise Provided nevertheless .hat all disorders and mis.lemeanors committed'" """""" "" on shore by any Captain Commander Lieutenant Master Olficer Seaman Soldier or other person whatsoever belonging to any of our Ships of War or other vessels acting by immediate Commission or Warrant from our said Commissioners for executing the Office of High Admiral or from our High Admiral of Great Hritain for the timo being umler the seal of our Admiralty may be tried and punished according to the Laws of the place where any such Disorders Offences and Misdemeanors called be committed on Shore notwithstanding such Offender be in our actual service and borne in our pay on board any such our Ships of War or other vessel acting by immediate Commission or Warrant from our said Commissioners for executing the Office of High Admiral of Great Hritain for the timo being as aforesaid so as he shall not receive any pro- tection for the avoiding of Justice for such Offences committed on shore from any pretence of his being employed in our Service at Sea And our further Will and pleasure is that all public money raised or which shall l)e raised by any Act hereafter to be made within our said province be issued out by Warrant from you and with the advice and consent of the Council and disposed of by you for the support of the Go- vernmentand not otherwise And wedo likewise Giv? and Grant unto you full power and authority by and with the advice and consent of our said Council to settle and agree with the Inhabitants of our Province for such Lands Tenements and Hereditaments as now are or hereafter shall be in our power to dispose of and them to grant to any person or persons upon such terms and under such moderate Quit Rents Services and acknow- ledgements to be thereupon reserved unto us as you {by and with the advice aforesaid) shall think (it which said Grants are to pass and be scaled by our Seal of Nova Scotia and being Knteied upon Record by such Officer or Officers as shall be appointed thereunto shallhe good and effectual in Law against us our heirs and Successors And we do hereby give you the said Edward Cornwallis full power to order and appoint Fairs JNlarts and Markets as also such and so many Ports Harbours Hays Havens and other places for convenience and Security of Shipping and for the better loading and un- loading of Goods and Merchandizes as by you with the advice and consent of the said Council shall be thought fit and necessary And we do nerrby require and Command all Officers and Ministers Civil and Military and all other Inhabitants of our said Province to be obedient aiding and assisting unto you the said Edward Cornwallis in the Execu- tion of this our Commission and of the powers and authorities herein contained and in case of your death or absence out of our said Province to be obedient aiding and as- sisting unto such person as shall bn appointed by us to be our Lieutenant Governor'or Commander in Chief of o ir said Province To whom wc do therefore by these pre- sents Give and Grant all and singular the powers and authorities herein granted to be by him executed and enjoyed during our pleasure or until your arrival within oursaid Province And if u;.on your death or absence out of oursaid Province there be no per- son upon the place Commissionated or appointed by us to be our Lieutenant Governor or Commander in Chief of the said Province Our Will and pleasure is that the Eldest Councillor who shall be at the time of your death or absence residing within our said Province shall take upon him the administration of the Government and execute oursaid Commission and Instructions and the several powers and authorities therein contained in the same manner and to all Intents and purposes as other Our Governor or Com- mander in Chief should or ought to do in case of your absence until your return or in all cases until our further pleasure be known therein And Wedo hereby declare ordain and appoint that you the said Edward Cornwallis shall and may hold execute and cn- 34* r ) ! !■ >■' i ( . i fpi 3i3l 134 '"'^'"j"' ■'"'' **"* ""'" ""'' ''''"'° °'^°"'" ^"P'''" ^'"ncrnl and Ccvornor in Chief in and oyer oiir ^- laid Province of Nova Scotia wilh all iu righti memberii and appurtenances whatnocver .hrX"™ ;;f •"«*'""''• *v'l'' "" «•"' lingular the powers and atill.orities hcrvby granlod unto you for No¥»8coii». and during Our Will and pleanuro In witneM «ic Witness &c the sixth day of May in the twenty second year of our Reign n>/ if^'rit ((f Prii'i/ Seal This IS a tnie Copy from the Original Record remaining in the Cliapol of the R0II5, having been examined. JOHN KIl'LINO. oomnsszoxr to Hmm-r xoxxs, bsquxri]^ AS CAPTAIN GKNKKAL AND GOVKHNOR.IN.nilKK OK NOVA SCOTIA, 24^11 rccuinnts) ii.mvT art.i likewise that yon take the usual oath for the duo ox.culion of the ofllco and trust" " of our Cnptain General and (iovcrnor in Chii-f of om saiti Province for tho due and Impartial ndministrnlion of Justice And further that yon take the oath required to bo taken by Governors of Plantations to do their utmost that the several laws relating to Trade and tho Plantations bo observed All which said oaths and declaration our Council in our said Province or any five of tho nioinhers thereof have hcrcuy full power and authority and are rcipiircd to tender and adininiilcr unto you and in your absence to our Liiuteuant Governor if there be any upon the place All which being duly pcrfo.nied you shall administer unto each of tho members of our said Council as also to our Lieutenant Governor if there be ony upon tho place the said oaths men- tioned in the said act cntiddcd [An Act for the furtli'-r security of His Majesty's per- son and Government and the Crown in the heirs of tho late Princess Sophia being Protestants and for extinguishing the hopes of the pretended Princo of Wales nnd his open and secret abettors] as also to cause them to make and subscribe the afore men- tioned declaration and to administer to them the oath for the due execution of their places and trusts And wee do hereby give and grant unto you full power and autho- rity to suspend any of the members of our said Council from sitting voting acting and assisting therein if you shall find just cause for so doing And if it shall at any tinio happen that by the death departure out of our said Province suspension of any of our said Councillors or otherwise there shall be a vacancy in our said Council (any fiva whereof wee do hereby appoint to be a cpiorum) our will and pleasure is that you signify the same unto us by the first opportnnity that wee may under our signet and sign manual constitute and appoint others in their stead Dut that our affuirs at that distance may not suffer for want of a due number of Councillors if ever it shall happen that there shall be less than nine of them residing in our said Province wee do hereby give and grant unto you the said Henry Kllis full power and authority to chuse as many persons out of the principal Freeholders Inhabitants thereof as will make up the full nunii)cr of our saia Coimcil to be nine and no more which persons so chosen and ap|)ointed by yon shall be to ail intents and purposes Councillors in our said Pro- vince until either tiiuy shall be cunlinned by us or that by the nomination of others by us under our sign manual and signet our said Council shall have nine or more per- sons And wee do hereby give and grant unto you full power and authority with the advice and consent of our said Council from time to time as need shall require to sum- mon and call (icnerul Assemblies of the said Freeholders and Planters within your Government in such manner and form as you in your discretion shall judge most, proper according to such further powers instructions and authorities as shall at any time hereafter be granted or appointed you under our signet and sign manual or by our order in our Privy Council And our will and pleasure is that tho persons there- upon duly elected by the major part of the Freeholders of the resjiectivc counties and places and so returned shall before their sitting take the oaths mentioned in the said Act entituled [An Act for the further security of His Majesty's person and Govern- ment and the succession of the Crown in the heirs of the late P'incess Sophia being Protestants and for extinguishing the hopes of the pretended Princo of Wales and his open and secret abettors] and also make and subscribe the afore mentioned declaration (which oaths and declaration you shall commissionate fit persons under our seal of Nova Scotia to tender and administer unto them and until the same shall be so taken and subscribed no person shall be capable of sitting though elected) And wee do hereby declare that the persons so elected shall be called and deemed the General, 136 lii. m Appendix. Assembly of that our ProTince of Nova Scotia and that you the said Henry Ellis with ^°' the advice and consent of our said Council and Assembly or the major part of them commintant of respectively shall have fuil power and authority to make constitute and ordain Laws the Governor! oi "^ i ■* i- /• i i !• i ir i i c No.a Scotia. Statutes and Ordinances for the publick peace welfare and good government of our Henrv Fiiia. »4Ui ggj^ Province and of the people and inhabitants thereof and such others as siiall resort SeplemLur, 1761. * ' thereto and for the benefit of us our heirs and successors which said Laws Statutes and Ordinances are not to be repugnant but as near as may be agreeable to the Laws and Statutes of this our Kingdom ot Great Britain provided that all such Laws Statutes and Ordinances of what nature or duration soever be within three months or sooner after the making thereof transmitted to us under our seal of Nova Scotia for our ap- probation or, disallowance of the same as also duplicates thereof by the next convey- ance And in case any or all of the said Laws Statutes and Ordinances not before confirmed by us shall at any time be disallowed and not approved and so signified by us our heirs or successors under our or their sign manual and signet or by order of our or their Privy Council unto you the said Henry Ellis or to the Commander in Chief of our said Province for the time being then such and so many of the said L^.-^s and Ordinances as shall be so disallowed and not approved shall from thenceiorth cease determine and become utterly void and of none eflbct any thing to the contrary thereof notwithstanding And to the end that nothing may be passed or done by our said Council or Assembly to the prejudice of us our heirs and successors wee will and ordain that you the said Henry Ellis shall have and enjoy a negative voice in the making and passing of all Laws Statutes and Ordinances as aforesaid And you shall and may likewise from time to time as you shall judge necessary adjourn prorogue and dissolve all General Assemblies as aforesaid And our further will and pleasure is that you shall and may keep and use the Publick Seal of our Province of Nova Scotia for sealing all things whatsoever that pass the Great Seal of our said Province under your Government And wee do further give and grant unto you the said Henry Ellis full power and authority from time to time and at any time hereafter by yourself or by any other to be authorised by you in that behalf to administer and give the oath mentioned in the aforesaid Act to all and every such person or persons as you shall think fit who shall at any time or times pass into our said Province shall be resident or abiding there And we do by these presents give and grant unto you the said Henry Ellis full |K)wer and authority with the advice and consent of our said Council to erect constitute and establish such and so many courts of judicature and publick justice within our said Province and Dominion as yon and tiiey shall tliink fit and necessary for the hearing and determining of all causes as well criminal as civil according to law and equity and for awarding execution thereupon with ail reasonable and necessary powers authorities fees and privileges belonging tlicrcunto And also to appoint and commissionate fit persons in the scveial parts of your government to administer the oaths mentioned in the aforesaid Act entituled [An Act for the furtlicr security of His Majesty's person and government and succession of the crown in the heirs of the late Princess Sophia being Protestants and extinguishing tlie hopes oi'the pretended Prince of Wales and his open and secret abettors] As also to tender and administer the afore.said declaration unto such persons belonging to the said Courts as shall be obliged to take the same And wee do hereby authorize and empower you to constitute and appoint Judges and in cases requisite Coniinissioners of Oyer and Ter- miner Justices of the Peace and other necessary oflicers and ministers in our said Province for the better administration of justice and putting the laws in execution and to administer or cause to he administered unto tlieni sucli oath or oaths as are usually given for the due execution and peribrmanco of ofiices and places and for the clearing of truth in judicial causes And wee do hercliy give aud gram unto you full power and authority where you shall see cause or sliail judge any oflendcr or otFcnders in criminal matters or for any fines or forfeitures duo unto us fit objects of our mercy i.'d 137 to pardon all such offenders and to remit all such offonces fnies and forfeitures treason and wilful murder only excepted lu which cases you shall likewise havo power upon extraordinary occasions to grant reprieves to the offenders until and to the intent our Koyal pleasure may be known (herein Wee do by these present.^ authorize and em- power you to collate any person or persons to any person or persons to any church- es chapels or other cccleslaslical beneficies within our said Province as often as j..y of them shall happen to be void And wee do hereby give and grant unto you the sa.d Henry Ell.s by yourself or by your Captains and Commanders by you to be authorized full power and authority to levy arm mu.ter command and employ all per- sons residing w.thm our said Province and as occasion shall serve to march from one place to another or to embark them for the resisting and withstanding of all enemies pirates and rebels both at land and sea and transport such forces to any of our planta- tions m America if necessity shall require for defence of the same against the invasion or attempts of any of our ene.iies and such enemies pirates and rebels (if there shall be occasion) to pursue and prosecute in or out of the limits of our said Province and Planutions or any of them and (if it shall so please God) to vanquish apprehend and take them and being taken according to law ,o put to death or to keep and preserve hem alive at your discretion and to execute martial law in time of invasion or other time, when by law it may be executed and .o do and execute all and every other thing or h.ngs which to our Captain General and Governor in Chief doth or ought of vJl to elong And wee do hereby give and grant unto you full power and authority by and w.h the advice and consent of our said Council of Nova Scotia to erect raise and b lid in our said Province such and so many Forts and Platiunns Cables Ci", Bo t ghs 1 owns and L or.ifica.ions as you by ,he advice aforesaid «hall ju.lge n.es y and th san,e or any of then, to fortify and furnish with onlnance ammunition and aS sor sof rms fi and necessary for the security and defence of our said Province by the advice aforesaid .he same again orany of them to demolish or dismantle as my be most convenient And for as much as divers mutinies may happen In p rZ ipped and emploved at sea during the time of war And to the end th t s , »h II be shipped and employed at sea during the time of war .nay be better go v r ed and or cred wee do hereby give and grant unto you the sa.d Henry Elli f'l " er d authority o cons.iUite and appoint Captains Lieutenants MaLs of ship and other commandersand offtcers and ,o grant tosuch CaptainsLieutenants Masterso Slips and other Con.manders and O.hcers cammissious to execute the law martial cri„' h c tm.o of waraccord.ng to the directions ofan Ac passed in ,he twenty second eof he reign of our late royal Grandfather entitled L An Act for amend ng expj i ! nj reducing into one Act of Parliament the Laws relating to the Golrnme "f Tit •Majesty's Ships Vessels aiul Forces by Sea] an.l to use s.ich proceedings a ho .es punishments ,nd executions upon any offen.ler or offenders wL shall he mut ous s di lous .iisorderly or any way unruly ei.her at sea or during the time of the abode or lesuence m any of the ports har..urs or bays of our slid Province a t^ie case shall be found to require according to martial law and the said Directior. r " et.meof warasa.oresaid Provided that nothing herein contained shall be coa^ .r ed to the enabling you or any by your authority to hold plea or have any 1.1 .1. ..on of any oHence cause matter or thing committed or done upon the higlfse " jvithin any o the haven, rivers or creeks of our said Province under your gove nmen by ny Captain Commander Lieutenant Master Orticer Seaman Soldier or peZ whalsoever who shall be in our aetttal service and p.y and in or on board any f" Aim 7 f '^"[/''^''"'■••S the office of our High Admiral or from our Hi.h st ?r,r "" " '"•■ ""-' """ '''-''"« ""'•- "- -' ««• ouv Admiralty iHi tin c Captain Comn.an er J.leutenant Master Officer Seaman Soldier or otla-r otlending sha I be left to he proceeded ,,g„inst and tried as their otlen e h require by commission und. ou. Great S.al of Great Britain .s tl.c s tt ei t N . 15. Cunimifiiioui of the Govertiora of Nuvtt Ovoliti. Henry ElKd, 34tb Bepiunibcr, 1761-. ' , I f f 138 •^^o'"f^- *"'"'"*y ':^^'^ "'■ ^'""'y '^' E'S'^* «''^«t» »•• ''y commission from our sM commis- s.oncrs for executing the office of our High Admiral or from our High Admiral of ...J'"S',:'r„"„' Hf ^•■''f' ^"'»i" f""- the t'-^e being according to the afore mentioned Act for amending Nov. .cm,.. explaming and reducing into one Act of Parliament the Laws relating to the Govern- ^'^SS:i^ •"«"» of His Majestys Ships Vessels and Forces by sea and not otherwise Provided nevertheless that all discders and misdemeanors committed on shore by any Captain Commander Lieutenant Master Officer Seaman Soldier or other person whatsoever belonging to any of ships of war or other vessels acting by immediate commission or warrant from our sa.d commissioners for executing the office of High Admiral or from our H,gh Admiral of Great Britain for the time being under the seal of our Admiralty may be tried and punished according to the I^ws of the place where any such dis- orders offences and misdemeanors shall be committed on shore notwithstanding such offender be .n our actual service and borne in our pay on board any such our ships of war or other vessels acting by immediate commis-ion or warrant from our said Com- m.ss.oners for executing the office of High Admiral or our High Admiral of Great Br.ta.n for the time being as aforesaid so as he shall not receive any protection for avoiding of Justice for such offences committed on shore from any pretence of his be- ing employed in our service at sea And our further will and pleasure is that all puh- hck money rr'sed or which .hall be i^ised by any Act hereafter to be made within our sa.d Province be issued out by warrant from you by and with the advice and consent of the Council and disposed of by you for the support of the Government and not otherwise And wee do likewise give and grant unto you full power and authority by and with the advice an.l consent of our said Council to settle and agree with the Inhabitants o our Province for such Lands Tenements and Hereditaments as now are or hereafter shall be in our power to dispose of and them to grant to anv person or persons upon such terms and under such moderate quit rents services a'nd acknow- ledgements to be thereupon reserved unto us You by and with the advice aforesaid shall think ht which said grants are to pass and be sealed by our Seal of Nova Sco.ia and beingentered upon record by such officer or officers as shall be appointed .hereunto shall be good and effectual in Lawagainstusour heirs and successors And wee do here- by give you the sa.d Henry Ellis full power to order and appoint Fairs Marls and Markets as also such and so many Ports Harbours Bays Havens a.,d other places for convenience and security of shipping and for the better loading and unloadinR of goods and merchandizes as by you with the advice and consent of the said Council shall bo thought fit and necessary And wee do hereby require and command all officers and ministers civil and military and all other inhabitants of our said Province to be obedient aiding and assisting- unto you the said Henry Ellis in the execution of this our commission and of the power, and authorities herein contained and in case of your death or absence out of our said Province to be obedient aiding and assisting unto such person as shall be appointed by us to be our Lieutenant Governor or Com- mander in Chief of our said Province To whom wee do therefore by these presents give and grant all and singular the powers and authorities herein granted to be by him executed and enjoyed during our pleasure or until your arrival wi.hin our said Pro- vince And If upon your death or absence out of our said Province there be no per- son upon the place commissiona.ed or appointed by us to be our Lieutenant Gov,.rnur or Commander in Chief of the said Province our will and pleasure is that the Eldest Councillor who shall be at the time of your death or absence residing within our said Province shall take upon him the Administration of the Government and execute our .ai'••. «hall comnu^^ionale fit persons under our Seal of NorSeot? to LT ^?"" ^"" unto them and until the aa.ne ,haU be so taken iu^rsub or L. " """'''"' pableof «it,i^ though elected And werd^h e^y ^ ^tt tlT" '"''' ^ "" U.U. qualified shall be called and deemed the GenLt^^X of S^T"" P ''"' o Kova Scotia And that you tlK, said Montagu VVilmtZfa^l ' L". '"" of our said Council and Assembly or the major nart^ir. '"'^"=« ""^ "Onsent full powerand authority to -.eU.tUute Td ord 1 llr^^^^^ "•'« ^r.he publico peace welfa.a.,d«oodgo.erume„tof:u!:::S^rdo^^^^^^^ p^eand -ohab-Unts thereof and such others aa shall resort the.^ aTd f^lt'^." of u. ourheira and successors .hich said Laws Suuutesand oTnariltt^r^ repugnant but as near as may be agreeable to the U^^ ,„d ^.S^!^fJ t dom oi Gr«tt Briton Provided tlfat aU such l^^t:T^l^To£^'J:Z =11 ruTunrii:;:;^^^^^^^^^^ --r ^"^^^ ;.e same as also -plicate^t^rbJ^rtX^^^^^^^^^^^^^ the said Laws SUtutes and Ordinances not before confirmed bv ...1 i * f or Ih^ir Sign Manual and Signet or by order of our or their Priv,. r •. the said Montagu VVilmot or to the Jmmander rcL^rou'r^d pZ::^:!!" Umo batng Then such and so many of the said Laws Statutes and OrdirZ.sshaH be so disallowed and not approved shall from thenceforth cease deternila:? ^L^ utterly vo.d and ol .«>ue efibct any th.ng to the contrary .he«.of notwitl^andl^Z to the end that nothing may be passed or done by our said Council or Atembl/to .^ prejudice ol ..our he.rs and successor We ,vill and ordain that you theTid Mon gu S.lmotsal havea„denjoyanegativevoicei„themakingandp.«.Lg"^^^^^^ Statutes and Ordinance, as aloresaid And you shall and may from time to'time a a sha Ijudgeit necessary adjourn prorogue and d.ssolveall General AssembliZ" said And our will and pleasure is that you shail and may keep and u«. the p hTio I our Province ol Wova Sco.i. for sealing all things wiatsoever that' p^ grea seal of our said Province under your government And we do further ^e grant unto you the said Montagu VVilmot full power and authority f..m time tltn ^.d at a«y time hereai.er by yourself or by any other to be authofized by you „ L behaH io .dminister and give the oaths mentioned in the aforesaid Act to alf and every ^ch person or persons as you sl.all think fit who shall at any time or times oass inti our said Province or shall be resident or abiding .here And we do by these presenU g.v, and grant unto you the «.id MonUgu Wi.mot full power and auJi urruTthe advice and consent ot our sa.d Council to erect constitute and establish s.fch and al many Courts of Judicature and Publick Justice within our said Province and dominion syou and t ey shall think fit and necessary for the hearing and determining oT III causes as well crini.na as civil according to Law and Equity and for awarding execu- tion thereupon with all rea«>„able and necessary powers authoriUea fees and privile, - ii- ff I ! ifflfl ! ' I 142 •%'."/ ^' «"• •"''°"K ''"'"'""'° " •'»» '» "PP"'"' -nJ Con.mi«ionate fit perBon. in the ,even.! parts of .your governraent to administer the oaths mentioned in the aforesaid Act In- 5j.^"Spo^ 2f ^''"'•^'l (^« ^o' f*"" the further security of His Majesty's person and government and Nov. scoM. the succession of the Crov, in the Heirs of the late Princess Sophia beinR ProtestanU teSr*'^'' '■*"• ««tinK"i«hing the hope, of the pretended Prince of Wales and his open and secret abettors) as also to tender and administer the aforesaid Declaration unto such penons belonging to the said Courts as shall be obliged to take the same And we do hereby authorize and Impower you to constitute and appoint Judges and in cases re- quisite Commissioners of Oyer and Terminer Justices of the Peace and other necessa- ry officers and Ministers in our said Province for the better administration of justice and putting the Laws in execution and to administer or cause to be administered unto them such oath or oaths as are usually given lor the due execution and performance of offices and places and for the clearing of truth in judicial causes And we do hereby give and grant unto you full power and authority where you shall see cause or shall' judge any offender or offenders in criminal matters or for any fines or forfeitures due unto us fit objects of our mercy to pardon all such offenders and to remit all such of- fences and Forfeitures Treason and wilful murder only excepted In which cases you shaH likewise have power upon extraordinary occasions to grant Reprieves to the of- fenders unUl and to the intent our Royal Pleasure may be known therein We do by ■ rT rTu' ?"""■'"' ""'* ''"P"'*"' y"" '° •^'''''''^ »"y P«''«"' or P«"ons to any Churches Chapels or other ecclesiastical benefices within our said Province as often as any of them shall happen to be void And we do hereby give «.d grant unto yoa the said Montagu W.Imot by yourself or by your Captain, and Commanders by you to be authorized full power and authority to Levy Arm Muster Command and Em- ploy all person, whatsoever residing within our said Province and as occasion shall serve to inarch from one place to another or to embark them for the resisting and with- standing of all Enemies Pirates and Rebels both at Land and Sea and to I'ransport such Forces to any of our plantations in America if necessity shall require for the de- fence of the «me against the Invasion or attempts of any of our Enemies and such En mies Pirate, and Rebels if there shall be occasion to pursue and prosecue in or out of the limit, of our said Province and plantations or any of them ano .f it shall so please God to vanquish apprehend and take them and being taken according to Law to put to death or keep and preserve them alive at your discretion and to execute Martial Law ,a time of Invasion or other times when by Law if may be executed And to d» and execute a and every other thing or things which to our Captain General and Governor .n thief doth or ought of right to belong And we do hereby give and grant you full power and authority by and with the advice and consent of our said Council of Nova Scotia to erect rai.sc and build in our said Province such and ,0 many Forts and Platforms Castles Cities Boroughs Towns and Fortification, as you by the advice aforesaid shall judge necessary and the same or any of them to Fortify and Furnish with Ordnance Ammunition and all sorts of Arms fit and necessary for the security and defenco of our said Province And by the advice aforesaid the «.me again or any of th«m to demolish or dismantle as may be most convenient And lorasmuch as divers mutinies and disorders may happen by persons shipped and em- ployed at Sea during the time of War and to the end that such a, shall be shipped and employed at Sea during the time of War may be better governed and ordered We do hereby give and grant unto you the said Montagu Wilmot full power and authority to constitute and appoint Captains Lieutenants Masters of Ships and other Commander, and Officers and to grant to such Captains Lieutenants Masters of Ships and other Com- manders and Officers Commissions to execute the Law Martial during the time of War according to the directions of an act passed in the Twenty sccon.l year of the Reiun of- our late Royal Grandfather Intitulwl (an Act for amending explaining and reducing into one Act of Parliament the Laws relating to the government of His Masjesty's Ships- >ns in the several aforesaid Act In- I government and being Protestants Jnr persons to any rovince as often I grant unto you- nnanders by you imand and Em- as occasion shall sisting and with- nd to rransport juire for the de- lemies and such )secute in or out (i if it shall so rding to Law to execute Martial uted And to do !»in General and ereby give and consent of our Province such i Fortifications any of them to t and necessary e aforesaid the nvcnient And ipped and em- le shi|)ped and irdercd We do id authority to ■ Commanders nd other Com- « time of War f the Kcign of- reducing into isjesty's Shipa- J4J Vessel, and Forces by Sea and to use «uch proceedings authoriUes Punishments and ^^«,rfi, Executions upon any offender or offender, who shall be mutinous «>ditious di rderl 'T'S"' or any way unruly either at Sea or during the time of their abode or residence in .r v c. of the Ports Harbours or Bays of our said Province as the ease shall be found to r""e £"™ - according to martial Law and the said directions during the time of w»r!, !f ! - " Provided that nothing herein contained shall be construL to ren^Zg you^: S=^ by your authority to hold plea or have any Jurisdiction of any offence cau^se maUer or thing committed or done upon the High Sea or within any of the H.venTrver, ^r Creek* of our said Province under your government by any Caotain CnnZl a T- tenant Master Officer Seaman Soldier ofper^n ^ullllTMnZtl:^ service and pay in or on board any of our Ships of War or other Vessels actirby i„ mediate Coniniission or Warrant from our Commi«iioners for executing the office "f Z S ll f r " 'rr "'«" '''""'"" °' ^'^-^ «"»«"> ^- •»>« «- ^--g under the Seal of our Admiralty but that such Captain Commander Lieutenant Master Officer Seaman Soldier or other Person so offending shall be left to be proceeded ag L.t a„d tried as their offences shall require either by Commission under our great Sea oToreat Britain as the Statute of the Twenty Eighth of Henry the Eighth dfrects or by Crm mission "-om our said Commissioners for executing the Office of our High AdminiUr from our High Admiral of Great Britain for the time being according ic the aflmen' -onedActEntitled AnActfor amendingexplainingand .Educing iloa^^^^^^^^^ liament the Laws relating to the government of His Majesty's Ships Vessels and Forc^ by Sea and not otherwise Provided nevertheless that all disorders and misdemeanor commute on shore by any Captain Commander Lieutenant Master Officer SelZ^Z dicr or other person whatsoever belonging to any of our Ship, of V/ar or other Vessel* tin?.h^r""r ' »°rr;'°" "■■ '^'"■'■''"* '••'"" °"' "''" commissioners for execu- ting the office of our High Admiral or from our High Admiral of Great Britain for the time being under the Seal of our Admiralty may be tried and punished aecordL to the Laws of the place where any such disorders offences and iLemeanors Zl Z ommitted on s ore notwithstanding such offender be in our actual Service and borne .n ur pay on board any such our Ships of War or other Vessels acting b imme- diate Commission or Warrant from our said Commissioners for executing'the office oC II gh Admiral or our High Admiral of Great Britain for the time being a! afore^^so aa he «hall not leco, vc any protection for the avoidingof Justice for suclioflbncer om! m..,ed o„ «hore from any pretence of his being employed in our Service t Sea And our further wiil and pleasure is that all public money rai«>d or which sh I be rated y any Act hereafter to be made within our said Province bo issued out by W nt from you by and with the advice and consent of the Council and disposed of by yo«. .or , e support of the gaverament and not otherwise And we do likewise give an" grant un,o you h.l power and authority by and with the advice and consent of o^r ^.d Council ,0 settle and agree with the Inhabitants of our Province for such La lenenicnts and Hereditaments as now are or hereafter shall be in our power t o d ! ,.osc of and them to grant to any person or persons upon such terms and under such moderate Q.nt Rent Services and acknowledgements to be thereupon reserved itou^ as you by and with the a.lvice aforesaid shall think fit which said Grants are to pas OiTice or Oflieeis as shall be appointed thereunto shall be good and effectual in Law against us our heirs and succes«,rs I>rovided the same be made conformable to the In- structions herewith delivered to you or to such other Instructions as may hereafter be sent to you under our Signet and sign Manual or by our Order in our Privy Council which Instructions or any articles contained therein or any such order made in our 1 nvy Council so far as the same shall relate to the Granting of Lands as aforesaid shall Hum time to time be published in the Province and entered of Record in like manner a, the said grants themselves are hereby directed to be entered And Wee do hereby 'I I?' 1 Il^r .. im 144 •^n?- S'V"" *''! "'^ ^°"**8" ^"'"'»' ^"» ?»-«'• ♦«> "''«"• ""J "PPoint Fair. Marls and Markets at alto such and so many Port. Harbours Bays Havens and other places ior JXtr.'r :f <=»nvenmnce and security of Shipping and for the better loading and unloading of Goods N«» sm,.. and nierohandize. ns by you wiU, the advice and consent of the spid Council shall ho &/.Xr' S°"8''* ^' «"'' """"^'y ^"'^ W"" ''» hereby require and command all Oificcr. and Ministers Civil and Military and all other Inhabitants of our said Province to be obe- dient aiding and assisting unto you the said Montagu Wilmot in the execution of this our Commission and of the powers and authorities herein conlainod And in case of your death or absence out of our said Province to bo obedient aiding and assisting unto such peraon as shall be appointed by us to be our Lieutenant Governor or Commander in Chief of our said Province to whom wee do therefore by these Presents give and grant all and singular the powers and authorities herein granted to bo by him executed and enjoyed during our Pleasure or unti' your arrival within our said Province and if upon your death or absence out of our said Province there be no person upon the place commiswonated or appointed by us to be our Lieutenant Governor or Commander in Cief of the said Province Our Will and Pleasure is that the Eldest Councellor wno shall be at the time of your death or absence residing within our «,id Province al.all Uke upon him the Administration of the Government and execute our said Commission and Instructions and the several powei* and authoritie. therein contained in the same manner and to all intents and purposes as other our Governor or Commander in Chief should or ought to do in «.;« of your absence until your return or in all cases until our f-ther pleasu/e be known therein And we do hereby declare ordain and appoint that you the said Montagu Wilmot shall and may hold execute and enjoy the Oflice and place of our CapUin General and Governor in Chief in and over our said Province of Nova Sootiu with all its RigMs Members and Appurts whatsoever together with all and singular the Powers and authorities hereby granted unto you for and during Our Will and Pleasure In Witness &c Witness Ourself at Westminster the twenty, arst day of November By IVritt of Privy Seal Thisis atri-eCopi from the Original Record remaining in the Chapel of the Rolls, having been examined. JOHN KIPLING. nfci wm ooannasxov to z.obx> wizxzabk oamopbiox, AS CAPTAIN GENERAL AND GOVEBNOK INCIIIEF OF NOVA SCOTIA, UTH AUGT. 6 GEO: III. 1765. Fourth part of Patents in the airth year of King George the Third Ld. Campbell, Chvemor sf Nova Scotia IwaTu.TI'JS!- ^"'ge the Third by the grace of God of Great Britain France and Ireland King Defender of the Faith &c To our Trusty ard welbeloved William Campbell Esquire commonly called Lord William Campbell Greeting Wee reposing especial Trust and confidence in the prudence courage and Loyally of you the said Lord William Camp- bell of our especial grace certain knowledge and meer motion have thought fit to con- stitule and appoint And by these presents Do constitnle and appoint you the said Lord fVilliam Campbell to be our Captain General and Governor in Chief in and oner our province ofNovu Scotia bounded on the wesxwaro by a line drawn from irs Marts nnd licr [ilaccB i'or ding of Goods uncil shall bo II OlBcf ri and loe to be obc- cutioii of this Ind in case of nisisting unto • Commander 3nts give and him executed ovince and if pon the place ammander in UDcellor wno rovince shall Commission I in the same iderin Chief ises until our appotint that >e Oflice and Province of her with all during Our twenty- Jrst y Seal fthe Rolls, PLING. TH AUGT. ird land King :ll Esquire Trust and am Camp- fit to con- u lAe said 'e/ in and jwn/rom US Crma: by the sutd liwer to iu source and by a L.nb uhavvn ouk «oRrH fhom ^" »^- Z^bA'^^'TrT "T" "' """ Co-Nv o. Qu.B.ctothe NouTH. ...-;Z:„... WARD b,jlhtsaid Boundary «., far aa the western extremity of Ihe Hay dea Clia- 1.^^:^' " kurs to .he Laslward by ,he said Hay and ,he Gulpb of Sain. Lawrence to the cape vvn,i.,.;^.p^„, or promontory called Cape Breton in Ihe Island of that name Inclu-linK that Island ,1,^ """*"•"•'•"" Island of baint Johns and all other Island, wi.hin six Leagues of the coast and to the southward by the Atlantick Ocean from the said cape to Cape Sable aforesaid including the Island of that name and all other Islands within Forty leagues of the coast with all the K.ghts members and appurtenances whatsoever thereunto bLlonging and wee do hereby require and command you to do and execute all things in due manner that shall belong unto your said command nnd the trust wee have reposed in you according to the stvera powers or authorities grunte.! or appointed you by the present commis- 8.on and the Instructions herewith given you or by such powers instructions and autho- rUies as sha 1 a. any time hereafter be granted or appointed you under our Signet and 8.gh manual o^ by our order in our Privy Council and according to such reasonable Laws and Statutes as are now in force or shall hereafter be made or agreed upon by you w.th the advice and consent of our council and the assemblies of our said province under your government in such manner and form as is hereafter expressed And our wdl and pleasure is that you the said Lord William Campbell after the publication of these our Letters Patent do take the oaths appointed to be taken by a,, act passed in the first year of the Reign of King George the First Intiticl an act for the further securi- ty of His Majesty's person and government and the succession of the crown in the heirs of the late Princess Sophia being protectants and for extinguishing the hopes of the pretended Prince of Wales and his open and secret abettors and by an act passed in the stxth year of our Reign Intitled an act for altering the oath of abjuration and the assurance and for the amending so much of an act of the seventh year of her laie Ma- jes-y Queen Anne Intituled an act for the improvement of the union of the two King- domsas after the time therein limited requires the delivery of certain Lists and copies therein mentioned to persons indicted of High Treason or misprision of Treason as al- so that you make and subscribe the Declaration mentioned in an act of Parliament made in iheTwcnIyfifth year of the Reign of King Charles the second intitled (An Act for preventing dangers which may happen from Popish Recusants) and likewise that you take the usual oath for the execution of the oflice and Trust of our Captain General and Governor in Chief of our said Province for the due and impartial administration of Justice and further that you take the oaih required to be taken by Governors of Plan- tations to do their utmost that the several Laws relating to Trade and the Plantations be observed All which said Oaths and Declaration our Council in our said Province or any five of the meml.crs thereof have hereby full power and authority and are requi- red to tender and administer unto you and in your absence to our Lieutenant Governor if there be any upon the place All which being duly performed you shall administer unto each of the members of our said Council as also to our Lieutenant General if there be any upon the place the said oaths mentioned in the said Acts Intitled "An act for the further security of his Majesty's person and government and the succession of the Crown in the heirs of the late Princess Sophia being Protestants and for extinguishing tlie hopes of the pretened Prince of Wales and his open and secret abettors An Act for altering the oath of abjuration and the assurance and for amending so much of an act of the seventh year of her lato Majesty Queen Anno Intitled An Act for tlic improve- ment of the Union of the two Kingdoms as after the time therein limitted requires the delivery of certain Lists and copies therein mentioned to Persons Indicted of High Treason or Misprision of Treason as also cause them to make and subscribe the afore- mentioned Declaration and administer to them the oath for the due execution of their places and Trusts And wee do hereby give and grant unto you full power and authority, 37- ^s lib •^Pjndix. to.u.poml.nyoflhe members of our said Council from .itlinR voting and assisting therein .f you shall find ju.t cause for so doing And if it sh^ll at .ny tin.e happen that J"r',Trr: Sf ^y "^«' ''*«"» J«P«'-t"'* o-.l of our said province suspension of any of our «.ioi„t LZ a^d ITal t "''.t^ J"'"-'- -^^ -POwer you to eonsti- Justiee. of'lhe Peace ^dotb ^J:Tm^Z'tr'': °^^'" """ ''''^'-^^ ror the better ad. ini. ration of Justicel.pX He L^TZ:7'' T'T minister or cause to b*. sdmmi.i-. j . l J^xecution and to ad- for the due Ex^ ion and Irf " " ^^ '*"'' °'"' "^ "^'^^ ^ "- --">• given .ruth in Judic^aTcaZ And"^ 777 U •"""' '"' "'""' """ ^^ '^^ «'-'"« "^ authority where rTh.^sl T^^ ''"' """^ «'^"' ""'» >°" f"" I'o-er and nal matters o 7o . 1 ^IsTr ;!; 7 '""''' "^' °''^"''" "^ "^-''"^ '" "'-- don all such offende ' d to .em-. .""k "V"*" "' " "'j"'' "'"""^ "'"''>' »» P- Wilful Murder o y e, ept d n w 1 " °^'"T '"" ""^ '°^'^''"^^' '^--«" -^ traordinorv occasionVto^^^ Jr ves^ulT t T''^''' ''''' ""-^ "P"" - may be known therein U'ee doT hi P .' T"" ""*" "'"• ^'y^^' *''•'""«' l«.e any person or person to anv r K Tu """'"'■''' "'^ ''"P''"'^^ y°" '» <=«"- wi.hinTsaid 31 ceJofZ.?"'"^ '•'•'''''* °-"- Ecclesiastical Henefice, hereby give and .rTn un,„ u "7, "''" ^'"•" ''"PP^" '° ''« ^'-•^ -^"'l wee do Capta-.^ndCor:.e7 arm n^u.tercomman nXmo lov "^ T" '"" ''°"''' ""'' ''"""^">' '" '^^X for the resisting T v U "aZ ofTu^ ° p ""' '° •^"°"^" °^ '" ^'"''-'' '"- -« .nd to ,r..fsp«rt J c . t.^t o^"'"'T ' '"'" ''"' «'"^''' """^ •' L-' -<' pun jorce. to .ny of our plantation, in America if necessity shall . *9ppeniiix. No, IJ, ft'inmlMlttiw Af I'lu 4;»ll, • llli,Vii||ui. rni..ioner.fore,„cu:i:;trZ:oXr^^^^^^^^ ing a» aforenaid «, «. he .hall not receive an vnr r'" """" ^"' "'" •'""' '«-'- ~"-^='' " of by you for the auppo.t of the governn.en. .^^ oZtlj ^ZtZ T"' «.ve and grant unto you full power and authority by and wTiTthe ail ''V of our aaid Council to «.ttle and agree with ih« l„h I V " '"'' '""•"' Land, Tene„.en.. and Heredt. aa nraj o/aha. i: rbl ""^ ''"'''"'' '"' ''"' of and them to grant to anv newon „, J hereafter be m our power to di.powj rate Quit Hent.%ervi eZcU owir.::::„r ZT"" '"' """" '""' """^«'- you by and with the advice af: ea^ d ^ J" "1" ^ ^ ^ ' ^T "'*'"^' ""'*' "' '" be aealed with Our Seal of Nova Scotia aid ho!" ■ "" ^'"'''^ """ '" P"" "'"* cer or 0.cer. a. ah... be .^i^T.:^:!^^:: ^^ ^:^:^^r^ ^ and ao .any Fort, Harbor t / ZT /l' "*::" "f" ''"'''" " "'-^ '"^'* «nto you the aaid Lord Willing To k ... ""'""' "''""« ""^ "«i'*l'"g dc.th or absence out of our wid Province il.nr.. h •^'^°'""" ^"'' 'f U|)on your .ionatcd or appointed by u« to be „u7 . p "° '''""" "P°" "'" P'"*^** Comia- our said Proiile Our 'S Ind , Ir' Z^He fZ^ 'T"''[ '" ""^^ °' the time of your death or absence resi I n' v 1 „ '^''''".\^°""^'"'"- -^o ahall be at him the adn.inis.ra.ion of the iovernn e„f "' ^™''"'=' ^'"'" "''"' »P°" ..ruciona and ih. severa powfraand . " • "T" ""' "''' Commisaion and In- ner and 10 all Iten Tand 7Zr """"*''" •J."'^''* ^'"'"'-^ - 'l^e aame man- should or ought to do c ,e ^ rrall ' 7 "^"""^ " *^""""'"''«^ '" ^^-^ further pleaLe be known t ere n An TT'" "' '" "" *="" ""»" "- tl.at you' the, aid Lor: WillL^Tam^ X ^'^ I't" T"'" "' "^'"''"' place of our Captain General and Gove „o n Chi!? . "" ""^"^ ""' '^'' '' i?y fFritl of Privy Seal »..Wng b;:':::3!''"" ''"' -^^-^«-''' «-ini„g m theChape. of the Roll., Ill i||i If 38* JOHN KIPLING. i^rtl 150 ^ ^^^.^ ooMBnsnoir to TSiAsaa lsoob ssQuniB, No. 15. y^g CAPTAIN-GENERAL AND GOVERNORIN-CHIEF OF NOVA SCOTIA, 22D JULY, 13 GEO: III. 1773. ComniiHtnna of the Gnv^rnora of Nova Hrotiu. Francis Lpfgc, 5»d July, 1773. Fifth part qf Patenta in the thirteenth year of King Oeorgt the Third Fkasci* Leuoe Esqr. Governor qf Nova Scotia George the Third by the Grace of God of Great Britain France and Ireland King Defender of the Faith &c To our Trusty and welbeloved Francis Legge Esquire Greeting Whereas wee did by our Letters Patent under our Great Seal of Great Bri- tain bearing date at Westminster the eleventh day of August in the sixth year of our Reign constitute and appoint fVil/iam Campbell Esquire commonly called Lord William Campbell Captain General and Governor in Chimin and over our Province of Nova Scotia in America bounded on the fFestumrd by a Line drawn from Cape Sable across the entrance qf the Bay of Fundy to the mouth qf the River Saint Croix by the said River to its source and by a Line drawn due North from thence to the Southern Boundary of our Colony of Quebec to the Northward by the said Boundary as far as the IVestern extremity of the Bay des Chaleurs to the Eastward by the said Bay and the Gulph of Saint Lawrence to the Cape or Pro- montory called Cape Breton in the Island of that name including that Island the Island of Saint John and all other Islands within Six Leagues of the Coast and to the Southward by the Atlantick Ocean from the said Cape to <'ape Sable aforesaid inti jding the Island of that name and all other Islands within Forty Leagues of the Coast with all the Rights members and appurtenances whatsoever thereunto belonging for and during our Will and Pleasure as by the said recited Letters Patent relation being thereunto had may more fully and at large appear Now know you that we have re- voked and determined and by these Presents do revoke and determine the said recited Letters Patent and every clause article and thing therein contained, .^nd furiher know yoii that we reposing especial trust and confidence in the Prudence Courage and Loyally of you the said Francis Leggc of our especial grace certain knovvlctige anil meer motion have thought fit to constitute and appoint you the said Francis Legge to be our Captain General and Governor in Clatf of our said Province of Nova Scotia bounded on the westward by a Line drawn from Cape Sable across the entrance of the Bay of Fundy to the mouth of the River Saint Croix by the said River to its source and by a Line puawn due north feom thence to the SOUTHERN BOUNDARY OK OUR COLONY OF QUEBEC tO thc NORTHWARD by the Said Boundary as far as the IVestern eairemity of the Baye des Chaleurs To the East- ward by tin: said Bay and the Gulph of Saint Lawrence to the Cape or Promontory called Cape Breton in thc Islaird of that name including that Inland and all other Islands within six Leagues of the Coast excepting our said Island of Saint John which Wee have thought fit to erect into a separate Government and to the Southward by the Atlantick Ocean from the said Cape to C.ipe Sable aforesaid including the Island of thiit name and all other Islands within forty Leagues of the Coast with all the Highls members and appurtenances thereunto belonging And wee do hereby require and command you to do and execute all things in due manner that shall belong unto your said command and the Trust we have reposed in you according to the several powers and authorities granted or appointed you by the present Commission and the Instruc- tions herewith given you or by such other powers instructions and authorities as shall at any time hereafter be granted or appoin;.sd you under our Signet and Sign Manual or by Our Order in oi.r Privy Council and according to such reasonable Laws and Sta- tutes as are now in force or shall iiereaftor be made or agreed upon by you with the advice and consent of our Council and the Assembly of our said Province under your i 23D JULY. Idl government in 5uch manner and form as is hereafter expre««d And our Will and ^ppendir Pa ent do take the Oath appointed to be taken by an Act passed in the first vear of th^ . ^i«n of King George the First intituled «. A^Act fbr'^he iJ^^^ts^^—'^ hteSrr J"",^!'^""'"^"' '"" "^« — - of 'he Crown in the Heirs of the ..Si., ate Princess Soph.a being Protestants and for the extinguishing the hopes of the pre- *"'"'"• "^ ten ct of Parliament made in the Twenty fifth year of the Reign of King Charles Office and T^t "J^^'^^ '' 'r" '"'^ ''"' """" ^'^'^ '"' *"« «'- «-™'-" "^ 'he Office and Trust of our Captain General and Governor in Chief of our «,id Province for the due and impar-ial administration of Justice And further that you take the Oath required to be taken by Governors of Plantations to do their utmost that the aTdT'o, 7 Tl •" '''.f' ""' ''"' "''""'''"''"'' ''^ observed All which said Oaths and declaration Our Council in our said Province or any five of the members thereof have hereby full power and authority and are requ-ed to tender and administer unto you and in your a sence to our Lieutenant Governor if there be any upon the place All which being duly performed you shall administer unto each of the members of our «a.d Council as also to our said Lieutenant Governor if there be any upon the place the «a.d 0,ths mentioned m the said Acts Intituled " An Act for the further Security of H,s Majesty s person and Government and the succession of the Crown in the Heirs of the late Princess Sophia being Protestants and for extinguishing the hopes of the pre- tended Prince of Wales and his open and secret Alx3ttors» as altered and explained by the aforesaid Act «' for altering the Oath of A (.juration and the Assurance and for amend- ang so much of an Act of the seventh year of her late Majesty Queen Anne Intitled An Act for the improvement of the Union of the two Kingdoms as after the time therein limited requires the delivery of certain Lists and Copies .herein mentioned to persons indicted of High Treason or Misprision of Treason" as also cause them to make and subscribe the aforementioned Declaration and administer to them the Oath for the duo execution of their Places and Trusts And we do hereby give and grant unto you full power and authority to suspend any of the Members of our said Council from sit- ting voting and assisting therein if you .hall find just cause for so doing And if it sl.allat any time happen that by the death departure out of our .aid Province suspension of any ol our said Councillors or otherwise there shall be a vacancy in our said Council any hve whereof we do hereby appoint to he a Quorum Our Will and pleasure is that you signify the same unto us by the first opportunity that we may tender our Signet and Sign Manud and constitute and appoint others in their sle.d IJut that our affairs a. (hat distance may not suller for want of a due n.mber of Councillors if ever it shall happen that there be less than Nil,., of them residing in our said Province We do hereby give and grant unto you the said Francis Legge full power and authority to choose as many persons out of the principal Freeholders Inhabitants thereof as shall make up the lull number of our s„id Council to be Nine and no more which persons so chosen and appointed by you shall be to all intents and purposes Councillors in Our said 1 rovince until either they shall be confirmed by user by the nomination of others by us under our Sign Manual and Signet Our said Councill shall have nine and no more persons in it And we do hereby give ami grant unto you full power and authc r.ly with the advice and consent of our said Council from time to time as need shall ; I 153 '^fj'ndix. require to gummonandc.il General Assemblies of the said Freeholders within your Government in such manner and form as has been already appointed and used accord- .h^"rv'eTi°„?: :;f '"8 *" *"'='' '""'"'*' P°*e"-» instructions and Authorities as shall at any time hereafter Novasc^.. be granted or appointed you under our Signet and Sign Manual or by Our Order in mZ;:^^r' O""- P'-'^y council. And our Will and Pleasure is that the persons thereupon duly elected by the major part of the Freeholders of the respective Counties and places and so returned shall before their sitting take the Oaths mentioned in the said Act Inti- tuled «= An act for the further security of His Majesty's person and Government and the succession of the Crown in the Heirs of the late Princess Sophia being Protestants and for extinguishing the hopes of the pretended Prince of Wales and his open and. secret abettors" as altered and explained by the aforesaid Act for altering IheOathof Abjura- tion and the assurance and for amending so much of an Act of the seventh year of her late Majesty Queen Anne intituled an Act for the improvement of the Union of the two Kingdoms as after the time therein limited require* the delivery of certain Lists ^ and Copies therein mentioned to persons indicted of High Treason or Miaprision of Treason" as also make and subscribe the afors mentioned Declaration which Oaths and Declaration you shall commissionate fit persons under Our Seal of Nova Scotia to tender and administer unto them and until the same shall be so taken and subscribed no person shall be capable of sitting though elected And we do hereby declare that the persons elected and qualified shaU bt, called and deemed the General Assembly of that our Province of Nova Scotia And that you the said Francis Legge with the ad- vice and consent of our said Council and Assembly or the major part of them respec- tively shall have full power and authority to make constitute and ordain Laws Sututes and Ordinances for the publick peace welfare and good government of our said Province and of the people and Inhabitants thereof and such others as shall resort thereto and for the benefit of us our heirs and successors which said Laws Statutes and Ordinances are not to be repugnant but as near as .nay be agreeaWe to th» Laws and Statutes of thi. our Kingdom of Great Britain Provided that all such Laws Statutes and Ordinances of what nature or duration soever be within three months or sooner after the makinx thereof transmitted to us under our Seal of Nova Scotia for our approbation or disa' lowance of the same as also duplicates thereof by the next conveyance and in case any or all of the said La.vs Statutes and Ordinances not before confirmed by us shall at any time be disallowed and not approved and so signified by us our Heirs or Successors under our or their Sign Manual and Signet or by order of our or their Privy Council unto you the said Franci.* Lcgge or to the Commander in Chief of our said Province for the lime bemg then such and so many of the said Laws Suiutes and Ordin.nces as shall be so disallowed and not approved sha.l from henceforth cease determine and become utterly void and of none effect any thing to the contrary thereof notwithstanding And to the end hat nothing may be passed or done by our said Council or Assembly ,o the prejudice o( us our Heirs and Successors We will and ordain that you the said Francis Legge ...all have and enjoy a negative voice in the making and passingof all LawSlatute, and Ordinances as aforesaid And you shall and may likewise from time to time 1 you shall judge it necessary adjourn prorogue and dissolve all General Assemblies a* aforesaid And our further will and pleasure is that you shall and may kerp and use the Pub. ck Seal of our Province of Nova Scotia for sealing all things LZlJZ pass the Great Seal of our said Province under your government And We do f„ her give and grant unto you the said Francis Legge full power and authority from time to time and at any time hereafter by yourself or by any other to be authorized by you .n that behalf ,o adn.inister and give the Oaths mentione 11) f N^lf**' '"*°"^® *"^ empower you to collate any person or persons to any Churches Chap«I» ^ ■ <»■ "'her Ecclesiastical Benefices within our said Province as often as any of them shall ho™"S; Sf'^^PP*" ♦" ^ ^"''1 A"** '^e do hereby give and grant unto you the said Francis Legge «o«scmi.. by yourself or by your Captains and Commanders by you to be authorized full power KrlllK' '"'! «"'*»°"ty to levy arm muster command and employ all persons whatsoever re- siding within our said Province as occasion shall serve to rrarch from one place to another or to imbark them for the resisting and withsUnding of all enemies Pirates and Rebels both at Land and Sea and to Transport such forces to any of our Planta- tion in America if necessity shall require for the defence of the srime against the Inva- sion or attempts of any of our Enemies and such Enemies Pirates and Rebels (if there shall be occasion) to pursue and prosecute in or out of the limits of our said Province and Planutions or any of them (and if it shail so please God) to vanquish apprehend and take them and being taken according to Law to put to death or keep and preserve them alive at your discreUoa and to execute Martial Law in time of invasion or other times when by law it may be executed and to do and execute all and every other things which to our Captain General and Governor in Chief doth or ought of right to belong And we do hereby give and grant unto you full power and authority by and with the advice and consent of our said Council of Nova Scotia to erect raise and build in our said Province such and so many Forts Platforms Castles Cities Boroughs Towns and Fortifications as you by the advice aforesaid shall judge necessary and the same or any of them to Fortify and furnish with Ordnance Ammunition and all sorU of Arms fit and necessary for the security and defence of our said Province and by the advice aforesaid the same again or any of them to demolish or dismantJe as may be most con- venient And forasmuch as divers mutinies and disorders may happen by persons shipped and employed at Sea during the time of War and to end that such as shall be shipped and employed at Sea during the time of War may be better governed and oruered We do hereby give and grant unto you the said Francis Legge full power and authority to constitute and appoint Capuins Lieutenants Masters of Ships and other Commanders and Officers and to grant to such Captains Lieutenants Mastera of Ships and other Commandera and Officera Commissions to execute the Law Martial during the time of War according to the directions of an Act passed in the Twenty Second year of the Reign of our late Royal Grandfather Intituled " An Act f.,r amending explaining and reducing into one Act of Parliament the Laws relating to the govern ment of His Majesty's Ships Vessels and Forces by Sea and to use such prcceclings authorities punishments executions upon any offender or Officera who shall be n,u tinous seditious disorderly or any way unruly either at Sea or during the time of their abode or ResiJence in any of the Ports Harbours or Hays of our said Province as the case shall be found to require according to Martial Law an.l the snid directions during the time of War as aforesaid Provided that nothing heroin contain ed shall be construed to the enabling you or any by your authority to hol.l niel or have any Jurisdiction of any offence cause matter or thing committed or done unon the High Sea or within any of the Havens Rivers or Creeks of our sai.l Province! under your Government by any Captain Commander Lieutenant Master Officer Seaman Sol dier or person whatsoever who shall be in our Actual Service and Pay in or on board any of our Ships of War or other vessels acting by immediate Commission or War rant from our Commissionera for executing the office of our High Admiral of Great Britain for the time (.eing under the Seal of our Admiralty but that such Captain Commander Lieutenant Master Officer Seaman Soldier or other person so offending shall be left to be procerded against and tried as their offences shall require either bv Commission under our Great Seal of Great Britain as the Statute of the Twenty Eighth of Henry the Eighth directs or by Commission from our said Commissionors for exe cut.ng the Office of our High Admiral or from our High A-ln.iral of Great Britain for •ehos Chap«l9 of them shall raiicis Legge 3d full power haUoever re- one place to imies Pirates f our Planta- nst the Inva- bels (if there aid Province ih apprehend and preserve )ion or other other things ;ht to belong ind with the build in our i Towns and same or any of Arms fit ' the advice ]e most con- I by persons such as shall overned and II power and ps and other ers of Ships Jrtial during ;nty Second r amending the govern- proceedings iliall be niu- ig llie time of our said ii■ "• hient of His Majesty's Ships Vessels and Forces by Sea and not otherwise Provided («,;;i^,. „f nevertheless that all disorders and misdemeanors committed on shore by any Captain nS»?"S Commander Lieutenant Master Officer Seaman Soldier or other person whatsoever be- F,.„cir7. longing to any of our Ships of War or other Vessels acting by immediate Commission or Warrant from our said Commissioners for executing the office of our High Admi- ral or from our High Admiral of Great Britain for the time being under the Seal of our Admiralty may be tried and punished according to the Laws of the place where any such disorders Offences and misdemeanors shall be committed on shore notwith- sUnding such offender be in our actual Service and borne in our Pay on board any such our Ships of War or other Vessels acting by immediate Commission or Warrant from our said Commissioners for executing the Office of High Admiral or Our High Admiral of Great Britain for the time being as aforesaid so as he shall not receive any protection for the avoiding of Justice for such offences committed on shore from any pretence of his being employed in our Service at Sea And our further Will and Pleasure is that all publick money raised or which shall be raised by any act hereafter to be made within our said Province be issued out by Warrant from you by and with the advice and consent of the Council and. disposed of by you for the support of the government and not otherwise And wee do likewise give and grant unto you full power and authority by and with the advice and consent of our said Council to settle and agree with the Inhabitants of our Province for such Lands Tenements and Here- ditaments as now are or hereafter shall be in our Power to dispose of and them to grant to any person or persons upon such terms and under such moderate Quit Renta ser^ vices and acknowledgments to be thereupon reserved unto us as you by and with the advice aforesaid shall think fit which said grants are to pass and be sealed with our Seal of Nova Scotia and being entered upon Records by such Officer or Officers as shall be appointed thereunto shall be good and effectual in Law against us our heirs and sucr cessors And we do hereby give you the said Francis Legge full power to order and appoint Fairs Marts and Markets as also such and so many Ports Harbours Bays Ha- vens and other places for conveniences and security of Shipping and for the better load- ing and unloading of Goods and merchandizes as you by and with the advice and con- sent of the said Council shall be thought fit and necessary And we do hereby require and command all Officers and Ministers Civil and Military and all other Inhabitants of our said Province to bo obedient aiding and assisting unto you the said Francis Legge in the execution of this our Commission and of the powers and authorities herein con- tained And in case of your death or absence out of our said Province to be obedient aiding and assisting unto such persons as shall be appointed by us to be our Lieutenant Go- vernor or Conimanii; And wc do hereby declare ordain and appoint that you the said Francis Li-ggc shall and may hold execute and enjoy the Office and place of our Captain General and Governor in Chief in and over our said Provinco of Nova i ,' 'i- i X ■' ii 1«0 Jippendi^. Sooti. with .]] it. Right, member, tnd .ppurta wh.t«Kiver t^th«. wifh .H .„d «a. Pjl.r the powers «d authoriUes hereby granted unto you f.r and during Our Will .nd £Sr ^ ^"'«»'*« Witne«iour«eif at We.tMi«ter the twenty Mooad day ofJuly By fVritt qf Privy Seat This i. a true Copy from the original R«.ord remaning in the Chapel cf the Roll., Ji»viog bean examined. ' * JOHN KIPLING. oo: tOV TO JQBV PABA, SSilDnU^ AS CAPTAm-OBNBRAt AMD GOVEHNM.IN.CHIEF OP «OVA SCOTIA. S9TH JVLT, 2 GEO: HI. 1783. John Pirr, lath July, 1793 Ninth part qf PattnU in the twenty-second year of King George the Third JoBH Pau Esquire Gotiemor qf Nova Scotia. George the Third by the gr.ee of God of Great Britain France and Ireland Kin. Defender of th^. Faith &c to our trusty and welbeloved John Parr EiK,uire greeting fFhereas weea-tJ L,y our Letters Patent under our great seal of Great BriUin bearing date at Westminrter the twenty second day of July in the thirteenth year qf ow Reign constitute and appoint Francis Ugge Esquire Captain General and Go- vemor m Chief in and over our Province of Nova Scotia in America bounded on the WESTWAHD by a line drawn from Cape Sable across the entrance qf the Bay qf Fundy to the mouth of the River Saint Croix by the said River to its source and Oy a LINE DRAWN DUE NORTH FROM THENCF TO TEE SOUTHERN BODNDART OP OUR «Z^r T^n" "!! ""Y^"*"'' *y '^« *«'■" *»«»''«':}' as far as the western, ^tr^ity of the Baye des Chaleurs to the eastward by the said Uay and the Gulph of Samt Lawrence to the Cape or Promontory called Cape Breton in the Island of that name including that Island and all other Wands withiu six ieagues of the coast excepting our Island of Saint John which wee have thought fit to erect into a ^.pnrate Government and to the southward bv the A.lantick Ocean from the said Cape to C.pe Sable aforesaid including the Island of that name and all o.hcr Islands within forty eagues of the coast with all the rights members and appurtenances whatsoever theri^ un o belonging for and during our will and pleasure as by ,he said reci.ed Letters Patent relation being thereunto had may more fully and at large appear .\ow know you that wee have revoked and determined and by these presoL do revokHJ^^ d ermine the said recited Letters Patent and every chiuse article and thing there „o„. tamed ^nd further knou, you that wee reposing es,.cial trust and co, 'dence „ the prudence courage and loyalty of you the .id John Parr of our especial grace crth knowledge and meer motion have thought fit to constitute and appoint vo^U^eln7d vtnce of Nova Scotia bounded on the westwari; I,,, a line draivnfrom Cape Sable across the entrance of the Bay qf Fundy to the month of M- / , ,, Sa^^'t by the said River to its source and ar a une oha wn t>u. no-. . .. phom tUcb to THE .southern BOUNO.RV OF OUR COLONY OP ..UEBEC tO the NC .THWrRn If/L / boundary as far a. ,;« western extremity of the Ba^ Zr^^ f't "1 ward by the said Bay .a the Gulph of Sai^ llwrence',: uil^ri^l::;: 157 .... w.lh .11 .he „gh.. m.»b.r, .„J .pp„rte„„„. „h.l«,e,„ ihel.Thl "" the better .ecur.ty of His Majesty's person and Government of a.d the sutestion of n Act of the seventh year of her late Majesty Queen Anne intituled An Act f", he I«>provernen of the Union of the two Kingdoms as after the time thet^tn 1 mited roqu.res the dehvery of certain lists and copies therein mentioned to perso. s i dT el iec. 'f' r ^^."'P'-'^"'" "'■ '^-"-" - «'- 'hat you make and subscrib the decIarat.onmentK.ned .n an Act of Parliament made in the twenty-Hfth year of the Re,g« of K,ng Charles the Second intituled (An Act for preventing dangers wh cj .nay happen from Pop.sh Recusants) and likewise that you take the u'sual o'.th fir the due execu .on of the office and trust of our Captain General and Governor in Ch.ef of our sa.d Province for the due and impartial administration of justice And further that you take the oath required to be taken by Governors of Plantations to do their utmost that the several laws relating to Trade and the Plantations be observed All wh.ch sa.d oaths and declaration our Council in our said Province or any five of the members thereof have hereby full power and authority and are required to tender and administer unto you and in your absence to our Lieutenant Governor if there be any upon the place All which being duly performed you shall administer unto each of the members of our said Council as also to our Lieutenant Governor if there be any upon the place the said oaths mentioned in the said first recited Act of Parliament altered as .bove as also cause them to make and subscribe the aforementioned declara- tion and administer to then, the oath for the due execution of their places and trusts And wee do hereby give and grant unto you full power and authority to suspend any of the members of our said Council from sitting voting and assisting therein if you shall find just cause for so doing And if it shall at any time happen that by the death departure out of our said Province suspension of any of our said Councillors or other- wise there shsll be a vacancy in our said Council (any five whereof we do hereby appoint to be a quorum) our will and pleasure is that you signify the same unto us by the first opportunity that wee may under our signet and sign manual constitute and appoint others in their stead But that our affairs at that distance may not suffer for want of a due number of Councillors if ever it shall happen that there be less than i.ine of them residing iu our said Piovince wee do hereby give and grant unto you the said John Parr full power and authority to choose as many persons out of the principal freeholders iuhabilaul!, thereof as bhall make up the full number of our said 40- t 4- n i -.1 m 159 '^T.\f''- ^*'""«''/° '"' "'"«' """^ no "«»re which pcrnins «. cho.cn «id appoirte.l by you Bhall oe to Oil intents and purpose. Councillor, in our mid Province until either thoy .hall -h.^r'XT.:? ''.^ confirmed by «s by the nomination of other, by u. under our .i,n manual and N„« .^... ..gnct our *,ia Council shall have nine or more per«,n. in it And wee do he„,b. give ,„.o.,p^r..«,„. and grant unto you full power and authority with the advice and eo„n«l from' tlmo time u. need shall require to summon and call General A«wmblieaof the .aid free- holders and planters within your government in «,ch manner and form a. ha. been already appointed and used or according to such further power, instruction, and au- thor.t.es a. rfiall at any lime hereafter be granted or appointed you under our signet am sign manual or by our order in our Priry Council And our will and plea«,re is that the person, thereupon duly elected by the major part of the freeholder, of the respective counlie. and places and «, returned shall before their sitting take the oaths mentioned ,„ the first recited Act of Parliament altered aa above as .!«, make and subscribe the aforementioned declaration which oaths and declaration yoi, shall com- missionate fit persons under our seal of Nova Scotia to tender and administer unto them and until the «,me shall be so taken and subscribed no person shall be capable of sitting though elected And wee do hereby declare that the person. «. elected and qualified shall be called and deemed the General Assembly of that our Province of ^ova Scotia And that you the said John Parr with the advice and consent of our said Council and Assembly or the major part of them respectively shall have full po|ver and authoriiy to make constitute orlain laws statutes and ordinances for the public peace welfare and goo.l government of the said Province and of the people and inhabitants thereof and such others as shall resort thereto and for the benefit of us our heires and successor, which .aid law. statute, and ordinances are not to be repuz- nant b.K as near as may be agreeable to the laws and statutes of »his our Kingdom of Great Britain Provided that all such laws statutes and ordinances of what nature or duration «.ever be within three months or «H>ner after the making thereof transmitted to u. under our «al of Wova Scotia for our approbation or disallowance of the same as also duplicate, thereof by the next conveyance And in case any or all of the Mid law. statutes and ordinances not before confirmed by us shall at any time be disallowed and not approved and so signified by u. our heire. or successors under our or their sign manual and signet or by order of our or their Privy Council unto you the wid John Parr or to the Commander in Chief of our .aid Province for the time being then .H.c.h and so many of the .aid law. statute, and ordinances as shall be so di« allowed and not approved .h.!l from thenceforth cease determine and become utterly Old and of none effect any thing to the contrary thereof notwithstanding And to the end that nothing may be passed or done by our «id Council or A«embly to the prejudice of u. our heires and succe.sors wee will .nd ordain that yo.i the Jd John Parr shall have and enjoy a negative voice in making and passing of all laws statute, and ordinances a. afces.id And you shall and may likewise from time to time a. you shall judge It necessary adjourn prorogue and dissolve all General A«emblies as aforesaid And our further will and pleasure is that you shall and mav keep and use the public seal of our Province of Nova Scotia for sealing all ,hi„.. whatsoever that ,.a.ss the great seal of our said Province un . . your government And woe do Lhe g. ve and grant unto you the said John Parr full power and authority from time to time j.n at any time hereafter by yourself or by any other to be authorLl by you h , l^ behall to administer and give the oaths mentioned in the aforesaid Acts to all and .very such person or person, as you shall think fit who .hall at any time or time. ,-ass into our said Province as shall bo resident or abiding there And wee do by these prtsont. give and grant unto you the «.id John Parr full power and authority w th the advice and consent of our said Council to erect constitute and establish .uch and so -nuny Courts of Judicature a.,d Public Justice within our said Province as you and tl«.y shall think fit and necessary for the hearing and determining of all cause, as w July, 17W. 159 v.th all reawnable and necewary powers authorities fees and privilege, belonjine ^^^'■ wre^t tarrte"' T ""r""""*" '* '""^" '" '""^ '^^'^-^ p''*' «^ -' -■=- - TL do h h T"*' ''' "'" ^°"'" " •*"'" '•^ °''"8«'" ^ t-ke the same And " wee do hereby authorue and impower you to constitute and appoint Judges and in case, requ..te Commissioners of Oyer and Terminer Justices of the Peace and other necessary Officers and Ministers in our said Province for the better administration of u«t,ce and putting the lans into execution and to administer or cause to be admini.- tered „„to them such oath or oaths as are usually given for the due execution and performance of offices and places and for the clearing of truth in judicial causes And wee do hereby g.ve and grant unto you full power and authority where you shall seo cause or shall judge any ofTender or offenders in criminal „,atters or for any fin s^ rmilTs, r;'" "/" °''J"'=''''f -'• --y »» P^^on an such off-ende'rs and to remit all such offences fines and forfeitures treason and wilful murder only excepted In which cases you shall likewise have power upon extraordinary occasions to grant repneves to the oflendcrsun.il and to the intent our Royal pleaslo may be known herein And whereas it belongeth to us in right of our Royal prerogative to hale he custody of Idiots and their estates and to take the profits Lr^ff 2 own ul finding them necessaries And also to provide for the custody of Lunaticks anI"ho r ej. te, wit out taking .ho profits thereof to our own use And whe- a. wh ,e th Idiots and Lun„t.ck. and their efl^ects remain under our Imme.liate care gr^t ouble and charges may arise to such as shall have occasion to resort unto u. for 3 re" „ respecting such Idiots and Lunaticks and their estates and considering that wr.s of .nquiry of F.lio.s and Luna.icks are to issue out of our several Courts' ok.nry as wel in our Provinces in America as wi.hin this our King.lom respectively and he inquisitions thereupon taken are returnable in .hose Courts we. ha^^e thou'g; fit t cntru t yo. with the care and commitment of the custody of the said I«^o t. „d Lnnaticks and, heir estates And wee do by these presents give and grant un "u power and authority without ex,>ecting any further special warrnnf from u frl uch 1 1 ou. and Lunat.cks and their estates as are or shall be found by inquisition hereof taken or to be taken and returnable into our Court of Chancery an.I th're po^ NovTs" : r. '""'' ""' •'•""'"'""-'« ""<'- our great se.l of our P o e J- Nova Scotia of the custodies of all and every such Idiots and Lunaticks and he^ estates to such person or pcr«,ns suitors in that behalf as according to the rules" f aw and he use and practice in those and the like cases you shall juSge meet o th rus The said gn.n.s and commitments to bo made in such manner and form o nearly as may be a, hath been heretofore u.ed and accustomed in making th" same under the great seal of Great Britain any j ou to be ,>.. sons whatsoever residing w^^^fouVs^id "'.""""•'•■ ^"'"'"-'^ »"" e-ploy nil n,nrch fiom o,.o place to anoth r oe: rk hirf:;:;' " "T'^'"" "'"" '''''' '^ in, of nil enemies pirates and rebels boir't a„ II ta' idT'; "' """ "''*'•^"''■ - cil and di^oaed of b, you L the aunn f .! " ""'' '°'"'''' »'' »"•• -'"l <^0"n. po. aa shall he partie^dL,; drctr ly ^HZT t"^ [" '"^'^ ^'"^ "- do likewise give and gr,nt unto you full po v'r nd t . ' . "t """"'"'^ ^"'l '^"^ and con.ent of o.r aaid Council to'aottle n^ r e : .h t "n!! b"; """ T' '''' '"'''''' for such -uuls tenemenuand horcduainentarnow '!./'""' ^''"^'"'^^ power to d,>,,ose of and thcm to RrantTo 2 n.r "''^''' "''"" ^'^ '" «"'• under such n.oderate quit renU s rv le, 3^^ °\ T"""" """" '"'='' '"-- """ served unto ua as you^y and wit^Zld^il Z^^^^^^^^^^^ ^!^-"l- - grants are to pass and be sealed with our seal of N w "^ '" *^'"«'' "«*'« record by such officer or oflicers L k ^'?"" ""' ^'"^ «"'^«'' "P"" e«ectuai in law against us our zz::^!:::^"::^::^:':' ^ '-' -' sa.d John Parr AdI power to order and annoinf f • '"''^ K"'^ y°" 'he and so many ports harbour, bays havens a„T herT ""T ""' ""'"''^ "' "'^ ^^'^ of shipping and for the h.tter loading ad unload T "i "°"^«"'«"- -^ -curity you with the advice «„„ consent ofoJZlcZ.I f n /"' '""'='""""-» « bj .ary And wee do herH.y require and command 1 Offi 'i" m'?"' "' ""'^ ""- military and all other inhabln.s of ourTd Pr jnc! t k" k''""'"' '''^'' '""^ a..Ming un,o you the said John Parr in the xe!u ion of h" '""' """« """^ the powers and authorities herein contained Ih / °"' commission and of of our said Province to be obeJien a d ^ and '" "'"" °' ^°"' '^''•'' ■"• «''«"« «"t appointed by u.s ,o be our Lieutn nt Gov'nor"'' P "' ""'° "^^ ""'»" " "^-" ^^ Province To whom wee do .herZ'by h;:";:;!^::'"''"''^ '" '"'^^ "^ ""' ""^ the powers and authorities herein ,rant d tol bvT '^"' ' ^"""' '" ""'' "'"""''^ our plcHsure or until your arrival wi h „ o " ^ d P "''""'"' ''"' •'"J°^'"' """"« or absence ou, of our said Province tee be nT " ^"' ''' "^•"" ^^^ ^''^'^ and appointed by u. to be our L.^ ena„ Gov- "" """ ''" ""' •=°'"'"'"--ted .ai.l Province ou. will an.I pleasu.. ih ^ "7 ^ V '"?"'''" '" ^"'^^ "^ ""r t.me of your .leath or absence re.idi g wUhin o . p""""" ""'' ""*" ^ ''^ '''^ the administration of the government .nH *' ^™""'=' *'"'" ''''^ "P"" him tiona and tb. .several poweL d a^ ^ ;i', 3 "" "" """"'"'°" ""^ '-'-- to all inte. and purposes as other uG^ZTco'"' '." ^"•""'"^ '"^"--"«' ought to do in ease of y„ur absence until Zu7ZlolT" '" ""''''' ^''"'"'^ - pleasure be known therein And wee do herebv 1 ^ '" f ' """^ ""'" ""•• '""''^er the said John Parr shall and may Told exec'e am,' " ". '" "' ^P""*"' ""•» y- Captain General and Governor in Chief ^."1 '"•"''' "'^''^ ""' P''"^^ »' »»' wi.h all it. rights members and appu ten ncl h T °"' '"'" ''™^'"'='^«'' ^ova Scot a '- .he powe. and authorities hTr;;7::7:::7- ;»««'»•- '^■'*'' "" '"'^ «<- pleasure In witness &c Witness ourscstminster the twenty-ninth day of J^y This is a true copy from the original record r.m • • "'1' ""^ ^""y ^'"'^■ hav.iig been examined. ^ '^ rema.nmg ,n the Chapel of the Rolls, H M m- 41' JOHN KIPLING. I; ^i' APPENDIX, No. XVI. EXTRACT FROM THE OPINION THE ATTORNEY AND SOLICITOR GENERAL, THE MOHT HONORABLE THE LORbS COMMI8SIONRRS OF TRADE AND PLANVATI0N9 AUGUST IITH, IT31. |M ) ). ■ I M n :i ■! BXTBAOT FROM THE OPINION OF THE ATTORNEY AND SOLICITOR GENERAU TO THE RIGHT HONORABLE THE LORDS COMMISSIONERS OF TRADE AND PLANTATIONS. *9ppendix. No. 16. Upon (his state of the case the questions proposed to us were, 1st. Whether the inhabitants of the Massachuwitts Bay (if they ever had any rieht Sfir-nStili!.*" i*'^ government of the said Tract of Land lying between St. Croix and Kennebeck L„'rSr";L';„'l'r' Sagadahock.) have not, by their neglect, and even refusal to defend, take care of &r:.J^":L"»nd improve the same, forfeited their said right to the Government, and what ri«ht A.r-. Hu., rai. they had under the Charter, and now have, to the Land.. ^ «nd. Whether by the said Tract being conquered by the French, and afterwards reconquered by General Nicholson in the late Queen's time, and yielded up by France to Great Britain by the Treaty of Utrecht, that part of the Charter relating thereto became vacated ? And whether the Government of that Tract and the Lands thereof are not absolutely r^ested in the Crown, and whether the Crown has not thereby a diffident power to appoint Governours, and assign Lands to such Families as shall be desirous to settle there ? Upon considering the said ca«. and questions, and the evidence laid before us, and what was alleged on all sides, it appears to us, T\.^^all the said Tract of Land lying between the Rivers of Kennebeck and St^Cro^x M (among other thing.) granted by the said Charter to the inhabitant, of the sa,d Province: And that thereby power is given to the Governour and Gener A8«,mbly of the sa.d Province to make grants of land, within the said Limits, sub- ject to a proviso that no such RranU should be of any force until their said late Majes- les, their He.r. or Successors, should have signified their approbation of the same. It appears also by the said Charter, That the rights ^ Gor.rnment granted to the tatd Province, extend over this Tract qf Land. 1C3 lldoik not appear io u. that ,He inHahUant. ^ the .aid Pr^ince hn.e hnn Jlppendi. t^i, ^any »uch neglect or rr/u.al to d^enU M» part ^ the cot.ntry, as can ^'"f- eratea/„r/e,ture ^J that subordinate right of Oo^e^nmenl ^f th7»ame, oro^„rTL.. y *ucA pr,rpertn ,n the ,oil, a. teas granted to thern hu the eaid 0^'/^ ?T "'^ ^''•5' ^, .worn .., .ver., oHHc .iU .ffidaviu. .H.t „ fo. ... ll^lr^LS:'^^ Ju.l.ce h.ve been .ppou.ted w.thio thi. Di.trict: And th.t o„o of th. Touncil of the r.raf".h i"""'" ^"? "'"*'" ^"^ '"■ ""■'"""' ^"'l "'°"«»' " '• O"*-'" 'hat thi. p.rt of the Province h.th not been improved equally with other p,rt. thereof, yet, con.id.nng the va.t extent of Country gr.nted by thi. Charter, and the great im- provement. made .n .ever.l part, of it. we conceive that will not create a forfeiture. bec.u.e in .uch a case, it i. not Io be expected that the whole .hould be cultivated and improved to the .ame advantage: And whether there ha. been .uch . neglect or non u« of any part, a. may amount to a lorfeiture, mu.t be adjudged of not upon the particular c.rcum.tance. attending that part only, but upon the circum.Unce. of the ^nd if the Province had incurred any forfeiture in the present case, no advan- tZThl" T ''""^ *"' '' " ''"" '"•'^"'''"* 'y *"■« /-•'" '0 Repeal their Charter, or by in./umtion finding such forfeiture. A. to to the question stated in the c.se. upon the effect of the Conquest of thi. Tract of Country by the French, and the re-conquest thereof by Gcnerai Nichol«.„, cord,ng to the Law of Nations) only a suspension of the property of the former oionersandnot an e.tinguish.nent .Tit; ^nd that upon there conquest ^itlyZ ZtTonrr "" "'rr"'"' ''''"' '"''''^"" ^^"^'^ '^'^'^'^ private person, subjects ^f the Crown of Great Britain, did revive and were restored jure post L m.;,«_ 1 h.s rule holds the more strongly in the present case, in regard It appear, by the affidavits that the Province joined their force, to those which came thither under the command of General Nicholson in this wrvice. For these rea«.ns we are of opinion that the «id Charter .till remains in force, and that the Crown hath not power to appoint a particular Governour over this p.rt of the Province, or to assign lands to persons desirous to settle there: Nor can the Province grant these land to private Proprietor, without the approbation of the Crown, accord- ing to the Charter. ' All of which, Sic. ^iugust IIM, 1731, P. yORKE, C. TALBOTT. ■i i<-'| *. M ii To all to tohom these Presents shall come, Greeting Hourlf R***'' "T '■•"^Koing'.re true ExtracU from a Copy of the Journal of the Hou«. of Represenutives of the Province of Massachusetts Bay, to ^vhich the follow- ing attesution is affixed. ^ '°**^ " Commonwealth or Massachusitts. " I hereby certify that the foregoing is a true copy from a printed vo- " lume in the Secretary's Office of this Commonwealth, being a Journal " ol the Honorable House of RepresenUtives of His Majesty's Province «' of MassachusetU Bay, in New England," and " printed by Thomas "l-leet, Printer to the Honorable House of RepresenUtives, 1731 " IL. ..] ^fr-ms wippendix. No. 15. Opliilaiinrihe At- torney ar.il Solici- tor (itiiivral, lo the IrfirdH CommlB- Bioiiere of TrHde ard Plantailoii'< — AujuM llib, mi. ^';- fji A 1a'-'''C'ures and Naviga.ion we have thought fit with i h ll r": 7 r""' '" '"'" ""'^""'- «°>''" I''oclama,ion herfhy to , u - ^.h an.1 decla e to all our loving subjects that wee have with the advice of our said Pnvy Council gr..ted our Letters Patent under our Great Seal of Great Brio n^.a West n.L and o.u :;:!:::;s::'!::z:: :z i^:^-"- ''-' s. .hnt^he^ouih end of ... ix ^^ r ^:l ^I^ z:!::; 1 1!:;;! -. ^^^onu.u.oZ; :^:::^:.^::::::'; ^rvrr """" ^^^^ "'^'' the (;.il,.l, of s, I r "-^ ''^" ^^".y **■ ^^/'w/ecw and the coast of .forcaiJ ,.]„., of Sai„, J.l,. ""'"/"'« I'Im.luf.UUMi ic„„i„a,c, ., ,l,o n.„,,, w,,,,,,,,, ,, ,..„„ „ „:;:-; :';:„:t cir ' "" ''-""■ " I! >:i L i. m m I' iU' 166 'Appendix. Lake Maurcpas and the river Mississippi to the northward by a line drawn '_ due east Jrom that part of the river Mississippi which lies in thirty one degrees .i5r"'-ck;"7,"!™ffl. '"!'''^. '»f'tude to the river ^palachicola or Chatahouchee and to the eastward by the said river. Foiirihiy. The Government of Grenada comprehending the Island of that name to- gether with the Grenadines and the Islands of Dominica St. Vincents and Tobago. And to the eud mat the open and free Fishery of our Subjects may be extended and carried on upon the coast of Labrador and the adjacent Islands we have thought fit with the advice of our said Privy Council to put all that Coast from the river St. Johns to Hudsons Streights together with the Islands of Anticosti and Madelainc and all other smaller Islands lying upon the said Coast under the care and Inspection of our Governor of Newfoundland wee have also with the advice of our Privy Council thought fit to annex the Islands of St. Johns and Cape Breton or Isle Royale with the lesser Islands adjacent thereto to our Government of Nova Scot!?. We have also with the advice of our Privy Council aforesaid annexed to our Pro- vince of Georgia all the lands lying between the rivers of Altamaha and St. Marys And whereas it will greatly contribute to the speedy settling our said new Govern- menta that our loving subjects should he informed of our paternal care for the security of the 'uerties and properties of those who are and shall become inhabitants thereof AVe have thought fit to publish and declare by this our proclamatior, that we have in the Letters Patent under our Great Seal of Great Britain by which the said Govern- ments are constituted given express power and direction to our Governors of our said Colonies re.spectively that so soon as the state and circumstances of the said Colonies will admit thereof they shall with the advice and consent of the members of our Coun- cil summon and call General Assemblies within the said Governments respectively in such manner and form as is used and directed in those Colonies and Provinces in Ame- rica which are under our immediate Government And we have also given power to the said Governors with the consent of our said Councils and the Keprosentativcs of the people so to be summoned as aforesaid to make constitute and ordain Laws Statutes and Ordinances for the public!: peace welfare and good Government of our said Colonies and of the people and inhabitants thereof as near as may be agreeable to the Laws of England and under such regulations and restrictions as are u.«ed in other Colonies and in the mean time and until such Assemblies can be called as aforesaid all persons in- habiting in or resorting to our said Colonies may confide in our Koyal protection for the enjoyment of the Benefit of the laws of our Realm of England for which purpose we have given power under our Great Seal to the Governors of our .said Colonies re- spectively to erect and constitute with the advice of our said Councils re- spectively Courts of Judicature and Publick Justice within our said Colonies for the hearing and determining all causes as well Criminal as Civil according to law and equity and as near as my be agreeable to the Laws of England with liberty to all per- sons who ni.ny think themselves aggrieved by the sentences of such Courts in all Civil cases to appeal under the usual Limitations and Restrictions to us in our Privy Council. \Vc havi' also thought fit with the advice of otii Privy Council as aforesaid to give unto the Governors and Councils of our said three new Colonies upon the Continent full power and authority to settle and agree with the inhabitants of our said new Colo- nies or with any other persons who shall resort thereto for such Lands Tenements and Herrditanicnts as are now or hereafter shall be in our power to dispose of and them to grant to any such person or persons upon such terms and under such moderate quit Rents services and acknowledgments as have been appointed and settled in our other Colonies and under such other conditions as shall appear to us to be necessary and ■ xpediont for the advantage of the Grantees and the improvement and settlement of I .. sail! Colonies. '^ '^ 167 And whereas we are desirou, uron all occasions lo testify our Royal se-.sc and an- probfltion of the conduct ..d Bravery of the Officers an.l Soldiers of our Armies and to reward the same we do hereby command and empower our Governors of our said three new Colonies and all other our Governors of our several Provinces on the Con- tmcnt of North America to grant without fee or reward to such m-lucod Officers as have served .n North America during the late war and to such private Soldiers as have been or shall be disbanded in America and are actually residing there and shall person- ally apply for the same The following quantities of Lan.ls subject at the eA,,iration of ten years to the same Quit Rents as other Lands are subject to in the Province within Which they are granted, as also subject to the same conditions of cultivation and im- provemcnt viz: To every person having the Rank of a field OiKcnr five thousand acre. To every Captam three thousand acres To every Subaltern or Staff Officer two thousand acres To every Non Commissioned Officer two hun.lred acres To every private man fifty acres. W e do likewise authorize and require the Governors and Con.manders in Chief of all our sa.d Colon.es upon the Continent of North America to grant the like quan- tities of Land and upon the same conditions to such reduced Officers of our Navy of like Rank as served on board our ships of war in North America at the times of the reduction of Lou.sbourg and Quebec in the late war and who shall personally apply to our respective Governors for such Grants. J ft- j And whereas it is just and reasonable and essentin.l to our interest and the security of our Colonies that the several Nations or Tribes of Jndians with whom we are con- nected and who live under our protection should noi be molested or disturbed in the possession of such parts of our Dominions and Territories as not having been ceded to or purchased hy us are reserved to them or any of them as their Hunting Grounds we do therefon. 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 Que- bee Last Honda 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 the Commissions as also that «o Gooernar o/ Com- mander in Clue/in any of our othtr Colonies or Plantations w ^Imerica do pre- sume for the present and until our further pleasure be known to .^n-ant warrants of surrey or pass patents for any Lands beyond the heads of any of the Hirers whnhfal mto thk Atlanttk Oc^a^ from the west and north west ov upon any Lands whatever which not having Seen ceded to or purchased by us as aforesaid are reserved to the said Indians or any of lliem. And v.^ do further declare it to he our Royal loill and pleasure for the present as <^rcsa,dtoresen.u.^.r our Sovereignty protection and Dominion for the use of tl.esa,d Indians all the Lands and Territories not included within thHimits of ou sa-d three new Govern„,e:,ts or within the limits of the Territory granted to the Ilud- .ons May Company as alsoallthe Lands and Territories lyin, to the westward oftl.e sourees of the rn.rs whieh fall into t„k S.m from the u.st and north u.stll AKo„KSA,n And we .lo hereby slrietly forbid on pain of our Displeasure all our lovin. subjects from making any purchases or Settlements whatever or taking possession of anv o. t e Lands above reserved without our especial Leave and Lice cI , jiurpose first obtained. ' Ami we do further strictly enjoin and require all persons whatever who have c.ther W...U ly or inadvertently seated themselves upon an> Lan.ls wi.hin the C n tries above described or upon any other lands which not bavin, been ceded to" purchase.1 by us are still rc.serve.l to the said Indians as aforesaid forthwith t r move themselves from such settlements. rtinoxe Atid 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 di.s.sati.faci.n of Appendix. lion— Oct 7, Kttt. i ■\\ 168 •^^ri?- ;!;' ""'' ^"7^ /" ""'" ^•""•'■'■'"•^ «> P-^vent such irregularities for the future and to RovaTT , '^ \! """y '" '•°"^i"''«'l "f "'"• J"«tice and dele^mined Hesolution ..an'l'o'.;::,"™^: •o •■«'"«ve all reasonable cause of Discontent we do with the ad.ice of our Privy Coun- cil stnc.ly enjo.n and require that no private person do presume to make any purchase from the said Ind.ansof any lands reserved to the said Indians within those parts of our Colomos where we have thought proper to allow settlement but that if at any time any of the said Indians shoul.l 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 sa.d Indians to be held for that purpose by the Governor or Commander in Chief of our Colonies respectively within which they shall lie within the limits of any proprietary Uovernment they shall be purchased only for the use and in the name of such proprietaries conformable to such Directions and Instructions as we or tl.ey shall think proper to give for that purpose anJ we do by the advice of our Privy Council declare and enjoin thai 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 licence for carrying or, said trade from the Governor or Commander in Chief of any of our Colonies respectively where such persons shall reside and also give security to observe such Regulalions as we shall at any time think fit by ourselves or by our Commissioners lo be appointed for this pur- pose to direct and appoint for the benefit of the said Trade and we do hereby autho- rize enjoin and require the Governors and Commanders in Chief of all our Colonies respectively as wel, those under our immediate G ,vernment as those under the Go- vernment and direction of proprietaries to grant such Licences without fee or Reward taking especial care to insert therein a condition that such Licence 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 ,.ropor lo presc.ibe as aforesaid. And we do lurther expressly enjoin and require all Oflicers whatever as well Mili- tary as those employed in the management and direction of Indian Aflairs within the Territories reserved as aforesaid for the use of the said Indians to seize and apprehend all persons whatever who standing charge.l with Treasons Misprision of Treason Mur- der or other Felonies or Misdemeanors shall fly from Justice and take refuge in the said rerritory and to send them under a proper guard to the Colony where the crime was committed of which they stand accused in order to tak- their Tryal for the s, me Given at our Court at St. James's the seventh day of Octoi ,r one thousand sever, hun- di-cd and sixty-three in the third year of our Reign. _,, . . God save the King. Tins IS a true copy from the original Record remaining in the Cbajiel of the Rolls, having been examined. JOHN KIPLING, •rii |i«^FM^-n future and to 5(1 Hexolulion Privy Coun- i»ny purchase c parts of our ' at any time ids the same Assembly of ider in Chief imits of any the name of or tliey shall •ivy Council and open to ne to Trade te from the uhere such i we shall at for this pur- :rel)y autho- lur Colonies der the Go- ! or Reward be void and 11 refuse or IS aforesaid. ! well Mili- I within the I apprehend eason Mur- :fuge in the B the crime r the gjme. sever, hun- le King. r tiie Holli, M.ING. APPENDIX, No. XVIII. ACT OP BRITISH PARLIAMIGNT ISTITIZD "«*« ^o//«r making more effectual provision for the Government of the Province qf Quebec, in North America." 14 GEO. III. C»p. 83. 1774. AW ACT FOR MAKING MORE EFFKCTUAr. PROVISIOK FOR TF'F. GOVERNMENT OF THF PROVINCE OF QUEBEC, IN NORTH AMERICA. assembled, and by the authority of the same. That all the territoriei. islands and coun- tries .n Nor h Amer.ca, belonging to the crown of Great Britain, bounded on iae South by a Unefrom the bay of Chaleurs, alono the .uohlani,. which divihe THE RIVERS THAT EMPTY THEMSELVES INTO THE RIVER St. LawRENCE PROM THOSE WHICH PALI. INTO THE Sea, to u point in forty five degree, oj northern latitude Z \r'Zt"AV.'' """ ''''""""■^•"' '•^^'""^ ''^ --«= '-titude dir ct vest, through the lake Champlain, until, in the same latitude, it m.els the river sf Lawrence: from thence up the eastern bank of the said river to the lake Ontario- then.o Uirough the lake Ontario, and the River commonly called Niagara, and thence I ong by the eastern and south-eastern bank of lake Erie, following the said bank, until the same shall be intersected by the northern boundary, granted by the Charter of the P.OMnce of Pennsylvania, in case the same .shall be so intersected: and from thence along the said northern and western boundaries of the said province, until the said western boundary strike the Ohio; but in case the said bank of tb. said lake shall n be found to be so mtersected, then following the ,,aid bank until it shall arrive at that po,„t of the said bank which shall be nearest to the north-western angle of the said Pro vince of Penn.sy Ivania; and thence, by a right line, to the s...d north-western angle of the sa d provmee, and thence along the western boundary of the said province, until U strike the r,ver Ohio; and along the bank of the .said river, westwan' to the b f the .Mississippi. „nd northward to the southern in undary of the territorv grante to he merchants a venturers of England, trading ,o Ilu.ison-s Hav; and. Jlso, all' terntones. islands, and countries which have, .since the tenth of Fjbru ,ry, one housand seven hundred -v,-. .^ .,.,hroe. been nade par, of the Government of Ne.foui In, he. and they a- he, .b, eration your Letter to our Secretary dated the first Z — of December, and the several Papers which you have addressed to the Board, relative i.oarr„', a.:';„' *° ^''^ ^'■''"' °f '*'« ^^-"'"^ "^ Mount Desart, which the General Court of Massachu- MoJcii'Twr'""' ^''"^ '" '■''P'"esented to have made to you in July 1762. "AV .in have no objection to your acceptance of this Grant as a testimony of the approbation and favor of that Province in whose service, and in the conduct of whose affai.^s, yon have manifested so much zeal and capacity, nor should we have delayed our represeutatioT upon to the Crown, if the deed itself had been before us. You"are sensible there aie s- me circumstances peculiar to the situation of this Tract of Coun- try, which make it necessary to consider both the case itself, and the manner of car- rying such a Grant into execution. When we shall be actually in possession of the Grant, we will bring the matter to issue with all possible dispatch, and endeavour to decide whatever questions arise upon it, in a manner which shall be agreeable and upon grounds which shall be just to all parties concerned. limav be proper to observe to you that the douhi conceived upon the claim of the Province of Massachusetts, is not found upon the allegalian that Z lands to the East of Penobscot .,ere not in the possession of the CrL at t t^me of granting the Charter, but upon the operation which the Treat J of pZ 7 nl 7 ^1 ""'"' ^"""" "''' ^'•"^^ "-^ ^"""''•y ^^ ceded to France) should he admitted to have had upon the Charter itself. trance) fVe cannot take upon us at Present to say hoiofar 'all future consideration of this question is precluded by the order of Council grounded r,po.^ the oniZ of the Morney and Solicitor General in 1731 , this is a delicate Lit iZTT f, be reserved till the deed shall come regularl. b^ore us, a^dUul^:^^^:' rnnnot think it expedient toadviseany conditional Grant ivhatei-erof this Znd. We are your most obedient humble servants. C. TOWNSHEND, SOAME JENYNS, ED. BACON, ORWELL. Francis Behnakd, Esq. Governor of the Massachusetts Bay. 471 Commonwealth of Massachusetts, Appendix. Secretary's Office. N"- 19- I J'e'-e'^y Certify, that the foregoing is a true Copy of Record as existing in this r.;:^.. .. ^*nce; " Bonrd of Trade lo f A 4* - ... _ *■'■ Bernard— lUh in tesumony of which, I have hereunto affixed the Seal of the said Com.'"""'""' monwealth in my custody and possession this twentieth day of Septem- ber, .n the year of our Lord one thousand eight hundred and twenty- eight, and of the Independence of the United States of America the fifty-third. EDWARD D. BANGS, Secretary of the Commonwealth. [t.8.] m W j I m \ 1 1 :| Wd m i i APPENDIX, No. XX. COPY OP A LETl'ER raoM TBI AGENT OF THE PROVINCE OP MASSACHUSETTS BAY TO THE SECRETARY OF SAID PROVINCE. LONDON, 9TH JUNE, 1764. Sir: LoNDOw, 9th June, 1764. m.:M ^^20 '• , p^' " ^"; P'^"-^ '•>«♦ ^ "O'^ 'vHte to infer., the General Court, that their seve ral Grants of Land, to the East of Penobscot a.e in a fair way of bei. . confirrer feSr^T/ W;- J-kson and I have sought all opportunities of bringing 2^'", ir;\°r^'Sr.r;^: «^"d= ^ut the Board of Trade has been so n,uch engaged that thev ol- , . l"'' S--v.--attendto it. InthecourseoftheaffairthechiefthingslteU^^ not^,^tanain,Jhe jinion formerly ^ren, are sUlUispos::ZtZ^^:''^l of the Province doubtful as to lands between Penobscot and 9/ r.Tl ^ case was misstated to the Attorney and Solicitor Geue fan^tl^ T T ''° determination on this head, yet ti Lords thin,, ha t^Tp^CTZ ^ ''' nght to the Lands on .he Rioer St. Laurence: because hf bold of .he Ch" ." are from Nova Scotia to the River Sagadahock- so th«» .h;. ...""'"' ""^ "'« ^''"•e'- the head of that River. That ho^yey!rTt2pZ ,'^ "'"""' "'"'^ "''"^^ M«> ^,ent to cede to the Cr:::Zt^Z7:::h7^ Z IT '""T'"' der their Charter, to the lands on the River St LalZllj yT^^'^"'"' ""- Proclamation to fom. part of the GoveruZntofZle theT^^^ "" """^"^ all further dispute concerning the landZsXrTstcoJZZ" '''''"'"''' Coast nfthe Bay of Fundy, to the bounds of tTp^t^rfO, T^'""" "' *'^ .y to it.lf the right of approbation, as before-" Mr laT ^ ^^ tllTh" f"' ""; op.n.on that THE n.bhow thact o. x.and. which lies beyond the sZee.r 1. " Ii^vers, and is watered bv those which h„n into the TJ^« ZT / ^^''''' could not be an object of any ,reat conse.ue^J^^yTZjl TT''' necessary to the Crown, to preserve the continuity ofthern, " "^""''"'^^ and that therefore it could not be for your in or t^iat tL TT'^'^ *'"'"' grants retarded upon that account. It was n'^Zl ,'='""" '"""on of those and accordingly up'on my ne.tattendance Tth B rritirt' '"T" "^' me if I had any authority from the Province relati ve t ^.1 . "''*''°^""«'» "^ed River St. Law.-ence. I answered that I had T^Z::^':^:^^ '' T part; but that as I w.is very desirous of havi,.n6 wee reposing especial trust and confidence in the prudence courage and loyalty of |.nI'"i'rmi?c'*ayou the said James Murray of our especial grace certain knowledge and nicer motion ITuZ^n P., ^^""^ tliouKht fit to constitute and appoint and by these prcsLntsrA> constitute and ap- "lU -^"""^h^'} point you the said James Murray to be our captain general and Gorernor in chief in and over our province in Jlmcrica bounded on the Labrador coast by the rirer St John .ii.d from thence by a line drawn from the head of that river through the I,akc- St John to the Southend of lake Nipissin from whence the said line cross in s^ t hi- river St Lawrence and the Luke Charnplain in forty five degrees of Northern la I i- tude passes along the high lands which divide the rivers that empty themselves into the said river St Lawrence from those which full into the Sea and also along the North coast of the Bay des Vhalenrs and the coast of the Gulph of St Lawrence to Cape Rosieres and from thence crossing the mouth of the river St Lawrence by the fVest end of the Island of ^nticosti Terminates at tlie aforesaid rive- ol St Johns together with all the rights members and appurtenances whatsoever thereuiiU. belonging and we do hereby require and command you to do and execute all things in due manner that shall belong to your said command and ihe trust we have reposed NOVEMBEK, 17« in you according to the .evcrul powers and .liroctiona granted or appointed you by Appendix tin. present comm.«.on an.i the instruHion. a,.l authoriiies h. revviti, given unto you ^"- -'' or l.y ...h fu. ther power. inMruction. and authorities a. .hall at any time hereafter ,.„,.;;:i:.„. „, be granted or appo.ntcd you under our signet and ai^,, Manun or by our order in our rhTiC^Tif^- privy council and according to such reasonable laws and statu.es as shall hereafter be '*""" — made and agree.l upon by you with the advice and consent of tl.o council and Assem- ''"..rNriT!^ biy of our said province under your government in such manner anl forn> as is herein- after expressed and our will and pleasure is that you the suir, Jamc. Murray do after the publication of these our Lntcrs patent and after the appointment of our council for our said provmno in such manner and form as is pn-crib^d in the instruciions hich you will herewith receive in the first place take the Oaths appointed to be taU-n by an Act passed in the firs, ..r of th. lic-ign of King George the l.rst intituled (an Act for the further security of h.s Majesty's per.son and Government and the .ucces^ion of the crown in the Heirs of the late princess Sophia being Protestants and for extinguishing the hope, ot the pretended prince of Wales and his open and secret Abettors) a, also that yoi. ;,k» and subscribe the declaration ...entioned in an Act of parliament made .n tn. twenty fifth year of the Reign of King Charles the second intituled fan act for preventing dangers which may happen from popish Recusants] and likewise that you take the Oath usually taken by Governors in Other Colonies for the due exe- cut.on ot the Office and trust .,1 our Captain General and Governor in chief in md over our said Province and for the due and impartial administration of Justice And fur- ther that you take the On.l ,,uired to be taken by Governors of the plantations to do their utmost that the several laws relating to trade and the plantations be duly ob- served which said Oaths and declaration our council of Our said Province or any throe of the members thereof have hrr.by full power and authority and are required to tciuler and administer to you all which being duly performed you shall yourself ad- minister to each of the members of our said council and to the lieutenant Governors of Montreal andTrois Rivieres the said O.ths mentioned in the said Act entituled [an Act for the further security of his Mujc.tys person and government and the sue- cession of the Cr .vn in the Heirs of the late Princess Sophia being protestants and for extinguishing the hopes of the pretended prince of Wales and his open and secret Abettors] as also cause them to make and subscribe the aforementioned declaration and to administer unto then, the usual Oaths for the due execution of their places and trusts And wee do furti, i give and grant unto you the said James Murray full power and authority from time to lime and at any time hereafter by yourself or by any other to be authorized by you in this behalf to administer and give the Oaths mentioned in the said Act for the further security of his Majestys Person and government and the succession of the crown in the Hers of the late Princess Sophia being protestants and for extinguishing the hopes of the pretended Prince of \v ales and his open and secret abettors to all and every such person and persons as you shall think fit whoshall -it any time j.ass into our saiil province or shall be resident or abiding there and we do hereby authorize and empower you to keep and use the public Seal which will herewith be delivered to you or shall be hereafter sent to you for sealing all things what- soever that shall pass the great Seal of our said province And wee do hereby give and grant unto you the said James Murray full ,,ower and authority with the advice and consent of our said council to be appointed as aforesaid so soon as the situation and cir- cumstances of Our province un w PhotogiBDhic Sciences Corporation \ m ■^ o t% WiST MAtN STSi£T WfBSTER.N.Y. MS«0 (71*) 873-4503 .V rv ^ ?f i • I ; i I Ki l\ 176 ^»CT»efee. thercitpon duly «lectod by the Major part of the freeholders of the respective parishes ^ ■ «r precinct* and so returned »1)»11 before their sitting take the Oaths tneutioned in the thfi^i'n'Jj^tSf'*^'' ^*' eatituled (an Act for the further security of his Majesty's person and govern- u,'rter.""""" °'"**"' ""** ^^^ succeasiou of the crown in the Heirs of the late Princess Sophia being J... Mii;^,E,q. P'trtestKits and for extinguishing the hopes of the pretended prince of Wales and his ■WW0..1M3. 4>paa and secret Abetters) as niso make and subscribe the forementioned declaration which Oatiis and declaration you shall commissionate fit persons under die public Seai t)f that our provinoe to tender a;.d administer unto them and until 'he saaic shall be so taken and subscribed no |»efSDn shbU be capable of sitting though elected and we do hereby declare that the peMosw «o elected and qualified shali be called and tieemed the assembly of that our province of Quebec and that you the said jAtnea Murray by »ad with the advice and -consent cfour said oounsil and assembly or the Major part «f them shall have full power and authority to make constitute and Ofdain Laws Sta- tutes and Ordinances for the public peace welfare and good government of our said province and of the people and inhabitaots thereof and such others as shall resort there- unto and for the beaeiit of us our Heirs and successors which said laws statutes and ardinanoes are not to be repugnant but as near as may be agreeable to tbe laws and •tatiaes of this our kingdom of great Britain provided that all such Laws statutes and ordinaaces «f what nature «r duration soever be within three months m sooner after tbe aaek'ua^ thereof transmitte-i to us under Our Seal of our said province for our ap- probation or disallowanoe of th^ same as also duplicates thereof by the next convey- ance aiid in eem any or all of the said Laws statutes and ordinances not before coo- firmed hy us si dl at any time be disallowed and not approved and so signified by us our Heirs and successors under our or their Signit and sign manual or by Order of ow «r their privy council unto you tbe said James Murray or to the commander in chief of our said province for the time being then such and so many of the said laws statutes and ordinances as shall be go disallowed and not a|)provcd shall from thenoeCorth cease determine and become uttenj void and of no eflect any thing to the contrary thereof notwithstanding And to the end tiiat nothing may be passed or done by our «aid council or assembly to tiie pi-ejudice of us our Heirs and successors we will and «rdain that you the said James Murray shall have and enjoy a negative voice lo the making and passing of all laws statutes and ordinances as aforesaid and that you Bhall aid may likewise from time to time as you slaall Judge necesssory adjourn pro- rogue or dissolve atl general asaemblys as aforesaid And wee do by these presents give and grant unto you the said James Murray full power and authority with the ad- vice and consent of »ur said council to «rect constitute and establish such and so many Courte of Judicature and public Justice within our said provinoe under your govern- ment as you and they cltall think fit and necessary for the hearing and determining of all causes as well criminal as civil according to law and equity and for awarding executian thereupon with M reasonable and necessary powers authorities fees and privileges belonging thereunto as also to appoint and commissionat'? fit persons in the several parU of your government to administer the Oaths mentioned in the aforesaid Act intituled (an act for the further security of his Majestys person and governmeiit and the succession of the crown in the Heirs of the late Princess Sophia being protes- tants and for extinguishing the hopes of the pretended prince of Wales and his open and secret Abettors) as also to tender and administer the aforesaid declaration to such persons belonging to the said courts as shall be obliged to take the same And wee do hereby grant unto you fi.il power and authority to constitute and appoint Judges and in cases requisite commissioners of oyer and terminer justices of the peace slioriffs and other necessary officers and ministers in our .*ud provinoe for the better administra- tion of justice and putting the laws in execution and to administer or cause to be ad- ministered unto th< may hereafter be sent to you under our signet and sign Manual or by our Order in Our privy council which instructions or any articles contained therein or any such Order maiie in Our privy council so far as the same shall relate to the granting of lands as aloresaid shall from time to time be published in the province and entered of record in like manner as the said grants themselves are hereby directed to be entered and we do hereby give you the said James Murray full power and authority to Order and Ap- point fairs Marts and Markets as also such and so many ports Harbouis Bays Havens and Other places for the conveniency and security of Shipping and for the better load- ing and unloading of goods and merchandizes in such and so many places as by and with the advice and consent of our said council shall be thought fit and necessary and we do hereby require and command all Officers anu Ministers civil and Military and all Other inhabitants of Our said province to be Obedient aiding and assisting unto you the said James Murray in the execution of this Our commission and of the powers and au- thorities therein contained and in case of your death or absence from our said province and government to be Obedient aiding and assisting as aforesaid to the commander in chief for the time being to whom we do therefore by these presents give and grant all and singular the powers and authorities herein granted to be by him executed and en- «f great Bri- captain com- iding shall be \/ commisbioft' of Henry the 5 the Office of le time being ingandredu- hia Majestys that all disor- cnant Master our Ships of )ur comniis- ur High Ad- may be tried Oflfences and er be in Our r Other Ves- 1 for execut- iral of Great ction for the ice of his bo- (hat all pub- e within our and consent herwise and h the advice of our said ifler shall be [1 such terms )e thereupon said grants entered upon od and efiec- le conforms- itructions as >rder in Our such Order ; of lands as of record in red and we ler and Ap« ays Havens better load- s as by and cessary and tary and all nto you the crs and au- id province unandcr in id grant all :ed and en- 179 joyed during our pleasure or until vour arrival «!»»,;„ n j of your death or absence from Our li/? ""^ P™^'"""' »"'' '" ''"° -^ippendi^. Lieutenant Governor oflllZal or Trois r""" "^ ""' '"' "'*"'"'•« '• *''''' °- - ''' commissions of LieuteLXtnlJ^^^^^^^^^^^^ powers and authorities therein mentioned a, reZ IdTcar'Tr/'u*'*' «"-"''"" ''* absence of our Lieutenant Governors of M^nt^Zld Trl Hiv r ""^ *""-• «---.. province and there be no person within oT^^ t:^Z^;^Z 7^::^ ^^"' Lieutenant governor or commander in chief of our «.id proCce Ouf w 11 and pleasure IS that the eldest councillor who shall be at the tim. „f / u or absence residing within our said province sh II take upon him the"; • ' tr.ion of the government and execu.'e our said colLon and Ltructitrd" he several powers and authorities thei^in contained in the «.me n-anne „d to allTn ten s and purposes as other our governor or commander in chief should rolu "o ■n case of yourabsence or until your return or in all cases „ntil our further 0^'^. unto you for and dunng our will and pleasure in witness &c witness ourself at wl? mmster the twenty first day of November ^"*" Tu- • . ^ , ^y ^^ritt of Privv Seal JOHN KIPLING. OOBOCBSXSSXOXr TO OUY OABZ^rOW, BSQUSBB, CAfTAlNGENERAL AND GOVERNOIMN-CHtEF OF QLEBEC. 12TH APRIL. 8 GEO: III. mT. Third pan of Patents in the eighth year of King George the Third Guv Cablston Esquire Oovernor of Quebec George .he Third by the Grace of God of Great Britain France and Ireland Kin^ Defender of the Fa.tl. and so forth To our trusty and well beloved G.y Carleton Es qmre greeting whereas wee did by our letters patent under Our Great Seal cf Great «n.am bearing .late at ffesirninster the twenty, first day qf November in the fourth year of our Reign constitute and appoint James Murray Esquire to be our Can- ttun General and Governor in Chimin and over our Province of Quebeck in Ameri- ca bounded on the Labrador Coast by the rivci Saint John and from thence by a line drawn from the Head of thai River through the Lake of St. John to the South end of Lake N.p.ssm from whence the said line crossing the river Saint Lawrence and the Luke Champtuin in forty.five degrees of northern Latitw/e passes along the High Lands which divide the Rivers that empty themselves into the said River Saint Lawrence from those which fall into the Sea and also along the North Coast of the Iky des Chaleurs and the coast of the Gulph of Saint Lawrence to Cape Rozieures and fro.n thence crossing the Mouth of the River Saint Lawrence by the west end of the Island of Ant.costi terminates at the aforesaid river of St. John together with all the Uiglus Members and appurls whatsoever thereunto belonging for and during our Will and pleasure as by the said recited Lelters patent Relation being thereunto had may mjre fully and at large appear Now know you that wee have revoked and deter- mined And by these presents Do revoke and determine the said Letters patent and GiiyC.irlplon.fMi. 1-Jtll AlHil, KtiT ■* ' w^ ll ' I r I ili I ! . 180 ''^^Non'^' ^''^''^ '''""'^ ""'^'^ ""*' "''"« ^^*""-'" «°"t»'"«'' And further know y.ou lliat we row ___• posing especial trust and confidence in the prudence courage and Loyalty of you the .h'JZventlVc"^''' ^"y ^"'''•°" °^ °'" "?«•='"' Grace certain knowledge and meer motion have .^Mh^provmc. of thought fit to constitute and appoint And by these presents Do conalitute and appoint c„yc«i,v™,E«,.y'"' '^« *«'■'' ^"y Carlelon to be our Captain General and Governor in Chief in >-i^Am.iifn. and over our Province of Quebec in Jlmtricu bounded on the Labrador coast by the River St. John and from thence by a line drawn through the head of that river through the Lake Saint John to the south end of Lake Nipissin from whence the said line crossing the river St. Lawrence and the Lake Champlain in forty-five degrees of northern latitude passes alovo the High Lands which divide the htvers that FMPTY THEMSELVES INTO THE SAID BIVER St. LawreNCE JROM THOSE WHICH FALl. INTO THE SKA, and abo along the north coast of the Bay des Chaleurs and the coast ot the Gulph of St Lawrence to Cape Rosiiires and from thence crossing the mouth of the river St Lawrence by the west end of the Island of Anticosti terminates at the aforesaid river of St. John together with the rights members and appurts whatsoever thereunta belonging And wee do hereby require and command you to do and execute ali things in due manner that shall belong to your said Command and the trust w 'e have reposed in you according to the several powers and directions granted or ap. pointed you by this present Commission and the instructions and authorities herewith given unto you or by such further powers Instructions and authorities as shall at any time hereafter be granted or appointed you underour Signet and Sign Mannal or by our or- der in our privy council and according to such reasonable Laws and Statutes as shall hereafter be made and agreed upon by you with the advice and consent of the Council and Assembly of our said Province under your Government in such manner and form as IS hereafter expressed And Our will and pleasure is that you the said Guy Carle- ton do after the publication of these Our Letters patent in such manner and form as IS prescribed in the Instructions which you will herewith receive in the first pi,,ce Uke the Oaths appointed to be taken by an Act passed in the first year of the Reign of King George the First Intitled An act for the further Security of His Majestys per- son and Government and the Succession of the Crown in the heirs of the late Princess S-pnia being Protestants and for extinguishing the hopes of the pretended Prin-eof Wales and his open and secret abettors And by an Act passed, in the sixth year of our reign Intitled an act for altering the Oath of Abjuration and the assurance and for amending so much of an Act of the seventh year of her late Majesty Queen Ann In- titled an act for the improvement of the union of the two kingdoms as after the time therein limited requires the delivery of certain I ists and Copies therein mentioned to persons Indicted of High Treason or Misprision of Treason and also that you make and subscribe the Declaration mentioned in an act of parliament made in tlw tw«nty- fitth year of the Reign of King Charles the second Intitled an act for preventing Dan- gers which may happen from Popish Recusants and likewise that yr ake the Oath usually taken by Governors in other colonies foi the due execution o. the office and trust of our Captain General and Governor in Chief in and over our said province-and for the due and impartial Administration of justice And further that you take the oath required to be taken by Governors of plantations to do their utmost tl»ot the several Laws relating to Trade and the plantations be duly observed which said Oaths and Declaration our Council of our said province or any three of the members ihereoC have hereby lull power and authority and are hereby required to tender and administer to you all which being duly performed ^'ou shall yourself administer to each of the Mem- bers of our said CouncH the said Oaths mentioned in the said .Vets Intitled an Act for the further security of His Majestys person and Government and the succession of the Crown in the Heirs of the late Princess Sophia being protestants and for extin- guishing Uie hopes of the pretended Prince of Wales and his open and secret abettors and An Act for Altering the Oath of Abjuration and the Assurance and for amending so cr.be the ofore-mentioncd Declaration an.l to administer unto them the uTuaf o 1 r '''"■-"""' °' the due execution of their placea and Truata And wee do fur the " ve aTurant r".-----. you the said Guy Carieton full power and authority fro. tin. o Zeand a an! i' ! '"'" hereafter by yourself or by any other to be authorized by you in hisbehaif . I .tor and give tb. oath, .nentioned in the Acts Intitied (An act foM e t r ty of H. Mnjestys person and Government and the succession of the Crow. T the ens of the a,e pr.ncess Sophia being protestants and for extinguishing ho" of the preten cd Pr.„ce of VVa.c, and his open and secret abettors' and an f ' I .ng the Oath of Abjurat.on and the assurance and for amending so muoh of an A of the seventh year of her late Majesty Queen Anne Intitied (a' act fo.'he .Ir ve ment of the Un.on of the two Kingdoms as after the time therein limitted reZes the sh.. thin, nt ,1 shall at an/i^ "r z;::tsr 1^:^:1^: res. ent or abicii.g there And we do hereby authorize and empow yo .o k ' nd use he pub he Seal of our Province of Quebec fo. sealing all thingslhat oevr that shall pass he Great seal of our said province And wee do hereby give and grant unto you the S3.d Guy Carleton full power and authority with the adv.'ce and confent f ot sa.d Counc. as soon as the s.tuation and circumstances of our province under yo Governn,en w.ll adm.t thereof and when and so often as need shall requi«, to sum mon and call general assembhes of the Freeholders and planters within your G^ver^ ment as you ,n your discretion shall judge most p..per or according to such furti er" powers .nstruct.ons and au thor.ties as shali be at any time hereafter glted or appol ed you under our s.gnet and s.gn manual or by our order in our privy councU And our W.11 and pleasure ,s that the persons thereupon duly elected by the Major pan of the Frcehol ers o the respective parishes or precinct., and so reLned shal before the.rs.,t.ng take the oa.hs mentioned in ,he said Acts Intitied An act for the furth secur.ty of H.s Majestys person and Government and the Succession of the Crown in the ate pnncess Soph.a be.ng protestants and for extinguishing the hopes of tZ preten ed Pr nee of Wales and his open and secret abettors' And !n tt oT 1 er „! the oaU. of abjurat.on and the assurance and for amending so much of an act of hf seventh year of her late Majesty Queen Anne Intitied an fct for he improvLen of the un.on of the two Kingdoms as after the time therein li^nited requires'Zdel ry of cerlan. L.sts and Cop.es there.n mentionea to persons Indicted of High Treason or M>spr.s,on of 1 reason as also make and subscribe, the aforementioned DeclartZ wh.ch Oaths and Declarat.on you shall commissionate f.t pe.sons under the publick Sea of that our prov..,ce to tender and administer unto them and until the same shall be so taken and subsc-.bed no person shall be capable of sitting though elected And wee do hereby dec are that the persons so elected and qualified shall be called and deem J the Assembly of that our prov.nce of Quebec and that you the said Guy Carletlbv and w.th he adv.ce and consent of our said Council and Assembly or the Major paV^ of the.n sha 1 have full power and authority to make cbnstitute and ordain Laws sTat ules and ord.nances for the publick peace welfare and Good Government of our said" Irov.nceandof the people and Inhabitants therec •• and such others as shall resort thereunto and for the benefit of us our Heirs and Successors which said Laws Statutes and Ord.nances are not to he repugnant but as near as may be agreeable to the Laws and Statutes of th.s our Kingdom of Great Britnin provided that all such Laws Slat utes and Ordinances of what nature or duration soever ba within three months or soon- 46* Wi'T hi I m .'t-iij N'l ' 183 Mpptndix. er after the making thereof transmitted to us under our Seal of our said province for ^ ' our approbation or disallowance of the same as also Duplicates thereof by the next coowMoiu oreonvejance and in case any or all of the said LawsStatates and Ordinance* .lot before um rnnrince of confirmed by us shall at any time be disallowed and not approved and so signified by ourcJiiiB Bn. "■ '*'"'' M*'" ""^ Successors under our or their signet and Sign Manual or by order of IwiAiitu.iVin. our of their Privy Council unto you the said Guy Carleton or to the Commander in chief of the said province for the time being then such and so many of the said Laws Statutes and Ordinances as shall be so disallowed and not approved shall from thence- forth cease determine and become utterly void and of no effect any thing to the con- trary thereof notwithstanding And to the end that nothing may be passed or done by our said Council or Assembly to the prejudice of us our Heirs and Successors wee will and ordain that you the said Guy Carleton shall have and enjoy a Negative voice in the making and passing of all Laws Statutes and Ordinances as aforesaid and that you shall and may likewise from time to time as you shall judge necessary adjourn pro- rogue and dissolve all general Assemblies as aforesaid And weo do by these presents Give and Grant unto you the said Guy Carleton full power and authority with the ad- vice and consent of our said Council to erect constitute and establish such and so many Courts of Judicature and public justice within our aaid province under your Govern- ment as you and they shall think fit and necessary for the he-iring and determining of all causes as well criminal as civil according to Law and EqUity and for awarding exe- cution thereupon with all reasonable and necessary powers authorities fees and privi- leges belonging thereunto as also to appoint and commissionatc fit persons in the seve- ral parts of your Government to administer the oaths mentioned in the aforesaid Acts Intitled An act for the further security of His Majestys person and Government and the Succession of the Crown in the Heirs of the late Princess Sophia being Protestants and for extinguishing the hopes of the pretended Prince of Wales and his open and se- cret abettors And an act for altering the Oath of Abjuration and the assurance and for amending so much of an act of the seventh year of her late Majesty Queen Anne In- titled An Act for the improvement of the Union of the two Kingdoms as after the time therein limited requires the delivery of certain Lists and Copies therein mention- ed to persons Lidicted of High Treason or Misprision of Treason as also to lender and administer the aforesaid declaration to such persons belonging to the said Courts as shall be obliged to take the same And wee do hereby grint unto you full power and authority to constitute and appoint Judges and in cases requisite Commissioners of Oy- er and Termi ler Justices of the Peace Sheriffs and oilier necessary officers and Minis- ters in our said Province for the better administration of justice and putting the Laws in execution and to administer or cause to be administered unto them such Oath or Oaths as are usually given for the due execution and performance of offices and places and for the cleariiig of truth in Judicial causes And wee do hereby give and grant un- to you full power and authority where you shall see cause or shall judge any offender or offenders in criminal matters or for any finen or forfeitures duo unto us 6t objects of our mercy to pardon all such offenders and remit all such offences fines and forfeitures Treason and wilful murder only excepted in which case you shall likewise iiavc power upon extraordinary occasions to grant Repritres to the offenders untill and to the intent our Royal pleasure w.fy be known therein And wee do by these presents give and grant unto you full power and authority to collate any person or persons to any churches cha- pels or other Ecclesiastical Benefices within our said Province as often as any of them shall happen to be void And wee do hereby give and grant unto you the said Guy Carle- ton by yourself or by >ur Captains and Commanders by you to be authorized full pow- er and amhority to Levy arm Muster Command and employ all persons whatsoever re- siding within our said Province and as occasion shall serve Ihcm to march embark or transport from one place to another for the resisting and withstanding of all enemies f'^r 183 pirate, a,ul Rebel, both .1 Land .„d Sea and to transport such Forcer, »o any of our ^ppendi* plantafon, .n America .fnecea.ity. hall require fordefence of the«.me again.Ilher ^^ vaa.o„ or attempt, of any of our enemies and .uch enemie. pirate, and ReUf tiero o "IL. , .hall be occasion to pursue and pro«..cute in or out of the limiU of our ..id plinn!'!!^ -"— "•? and if it shall please God them to vanquish apprehend and uLe and Jng uZ^ --""'" *' cording to I aw to put to death or keep and pre«,rve alive at your diser^ion andt "ffi'Xl*"- execute martial law in time of Inva.ion war or other time. wLn by law it mTy ta executed and to do and execute all and every other thing and thing. Jhich toourCap! Uin General and Governor in Chief doth or of right ought to belong And weedo her^ by give and grant unto you full power and authority by and with the advice and con- ent o our .aid Council to erect rai«, and build in our said Province .uch and «, ™any fort, .latform. Ca.tle. Cities Borough. Town, and Fortification, a. you by the adv.ee afore«.id shall judge necei«ary and the same or any of them to fortify and Ln sJ w h ordnance AmmunU.on and all «.rt. of Arm. fit and neces«.ry for the «curity and de- fence of our «..d Province and by the advice aforenid the le .gain or any of U,em to demohsh or di.mantle a. may be mo.t convenient And for a. much a. diver. It^ me. or disorder, may happen by per.on. .hipped and employed at Sea dun„rthe7me of war And to the end that .uch a. shall be shipped and employed at Sea d'uri g the time of w^ may be better governed and ordered And we do hereby give and Ln! unto you the «.id Guy Carleton full power ana authority to con.titute and ,ppo b CaptainsLieutenantsMaatersofShipsandotherCommandersandOfficersIndtoE to such Captain. Lieutenant. Ma.ter. of Ship, and other Commander, and Officer. Commi...ons to execute the Law Martial during the time of war according to i^..^XC u'^l "I r",' r""' " ""' twenty-econd year of the Reign of our latl Royal Grandfather Intit led an act for amending explaining and reducing f„to one act of Parliament the Laws relating to the Government of Hi. Majeaty. Sh!p. Ve. J Id Force, by Sea and to u« .uch proceeding, authorltie. punishments eorroction. and executions upon any offender or offender, who shall be mutinous seditiou. di,o«leriy or any way unruly cither at Sea or during the time of their abode or ns.idenee J any of the port. Harbours or Bays in our «id Province as the case shall be f^ Z require according to Martial Law and the «.id direction, during the time of War a, aforesaid Provided that nothing herein conUined shall be con.trued to the enabl n^ you or any by your authority to hold plea or have any jurisdiction of any offence c.u J matter or thing comitted or done upon the High Sea or within any of the Havens Rivers or Creeks of our said Province under your Government by any Captain Com mander L.euter .nt Master Officer Seaman Soldier or person whatsoever who shall te in actual service and pay in or on board any of our Ship, of War or other vewels act li.g by immediate Commission or warrant from Our Commissioners for executioR the office of High Admiral of Great Britain or from our High Admiral of Great Britain for the time being under the Seal of our Admiralty but that .uch Captain Commander Lieutenant Master Seaman Soldier or other person so offending shall be left to be oro- cceded against and tried as their offences shall require either by Commission under our great Seal of this Kingdom as the Sutute of the Twenty Eighth of Henry the Eighth er by Commission from our said Commissioners for executing the office of High Ad miral of Great BriUin or from our High Admiral of Great Britain for the u.ne being according to the afore-mentioned Act Intitled An Act for amending explaining and reducing into one Act of Parliament the Laws relating to the Government of His Ma- jestys Ships Vessels and Forces by Sea and not otherwise provided nevertheless that all disorders and misdemeanors committed on shore by any CapUin Commander Lieu- tenant Master Officer Seaman Soldier or other person whatsoever belonging to any of our ships of war or other vessels acting by immediate Commission or Warrant from our Commissioners for executing the office of High Admiral of Great Britain or 1! 5 f i m 184 ^Jgculia:. froo, our High Admiral of Great Britai., for .he time boinR un.ler ,ho Seol of __. our Admiralty may bo triod ami punished according to th. Laws of iho ..larn „„„,„,_ notw thstand.ng such oflendor ho in o.,r actual service and born in o„r mv on "«»-'7"';"f,7'^ ""'• "'ir "''Z''.''^"'- °'"" -«el acting i,y in.ncdia.o Com niLon or warrant from our Co.nnn.s.onors for executing the ollico of High Adn.iral of Great 1 r..am or ftom our High Admiral of (;reat Mritain for ,ho time hei ,g a! aft)resa..I so as he shall not receive any protection for the avoi.ling of jus.ico for such ofTences commuted on shore from any pretence of his being en.pioye. in r eVvi .^ n sea And our further will and pleasure is that all publicl: mon..;,, raise r S by warrant from you by and with the advice and consent of our Council as aforcsai I for the support ol the Government and not otherwise and wcc likewise give and gran unto you lull power and authority by and with the ulvice and consent of or aid Coune.l to settle and agree with the inhabitants of our said Province for suci I an^ Tenements and Hereditaments as now are or hereafter shall be in our power to 1 po^ of and them to grant to any person or persons upon such Terms and under such od rate Qua Hen.s Services and acknowledgements to be thereupon reset ed nto T, a. ^ou w.th theadv.ce aforesaid shall think fit which said Grantlarctopass and bes al ed by our pub hck seal of our said Province and being entered upon Recor. by officers as .all be appo.n.od thereunto shall be good and efTcetual in Law aginst u our h .rs and successors An.l wee do hereby give you the said Guy Carleton full ptv- cr.ndauthonty to order and appoint Fairs Markets and Marts as aJso such and so many p„,e. Harbours Hays Havens and other places for the conveniency and Seen i.y ofSh,pp,ng and for the better loading and unloading of Goods and Merchandi.es in such and so n.any places as by you with the advice and Consent of our said Cou i" shall bMhought fit and necessary An.l wee do hereby require and command al Offi cersand Mm.sters Civil and Military and all other Inhabitant, of our said P vincc to be obedient a.ding and assisting unto you ,- e said Guy Carleton in the executior of th.a our Commission and of the Powers and authorities therein contained And in ea e of your death or absence fron. our said Province and Government to be obedient aiding and assisting as aforesaid to .he Lieutenant Governor or Commander in Chief i?r . ^ ^^ "" «""'"•' '" '"= ^y •''"' •^''''«"'«'' »•"> enjoyed .luring our pleasure or until your arrival within our said Province and if upon yoL deati o/a Sur w .1 ^ . 1 '""-""""' «»^"'----Co'nmanderin Chief of our said Provin e death" I ' . " ''^' ''' '"""' ^''""'='"°'' ^^'"' '"''"' •- »' «he time of you ation of the Government an.l execute our said Commission an.l Instructions an.. 1 everal powers an. authorities therein contained in the same manner and to all il nd purposes as other our Governor or Commander in Chief should or ought to o case of your absence until your return or in all ca.es until our further pleasure bo known therein And wee do hereby declare ordain and appoint that yo u/ h «'; Carleton sha and n>ay hold exercise an.l enjoy the o/Bce and place of our C p n'n General and Governor in Chief in and over our said Province ot^Quebec and a Terntones Depen ent thereon with all and singular the powers an.l authorities h J v =:tcr;;:;,:;:^st':A;;r^^^^^ .witness. witness- JOHN KIPLING. 180 atimammwmmm»fffff (ITTTOailiiriioa 13 Geo. Ill, 1774. ih« Ovxnior* ol m !"* ^'"Jvlnct or Outbw. Second Part of Patent, in the FifteentA Year ^ King George the Thirst "^If.te^ Gmr CAHiETOff, EMimm, Gwemor «j/- Quebec. George the Third hy the Grace of God of Great Brii^in p, . , , ina Whereas wee did bv our l«i«*r. «».o„. i ' ^"ueion i!.fq. ureet* Meriu#r */. Lawrence and Luke Chanolain in fn.,,. * j *"•»"«« craning ««^ a^o a/o«^ M* AbrM coo,. ^ Ma Ba^ 0^ Chaleur. and ^hTZjJZ GvL, or St. Law..«cb to Cape Roziere* and fr«„, thonco crvssing theZ^tkVtt nirEH St. Lawr.wce by th» West end of the It/and n/-JlnZiT^ afoi^aid river St. John together with all tie rilhul^f ' *'""'"''*^''' ''"' .oever thereunto hcon^inffor ^^^^^:^ ::f:r::^;z^::^r:;z::tz cited letter* patent relation being thereunto had may mo,; fullv Jd ». i And Whereas weedid also by ourlet.ers patent und^r our Gr^^^ia o GrS! ^T' bearing date at Westminster the leM daJoT March in 1 wJyf / ^'*'"" constitute and appoint Motineu. Sh^lnZ^ t et^G^l^Z?^ 7111"' f V'"' "''' '"^^'«^'' '^f^-'^ouJldZdZuhecZ: 0/ Labrador from tne entrance ^ Hudson'^ Stke.ohxs to the R,vi>h St JZ, t"';"™,";"'" -- -' ^--nearly opposite the West Z7ihe'llaZ Lab ador and also the Islands of Modelaine in the Gulph of St. Z« JelTll^ of a 1 our lorts and Garri«,„s erected and established in our sillslandsTNew 1,^7 and Anucosu and Madelaine or on the Coast of Labrador with t.^ 1 Is afoSd for and dunng our will and pleasu« as by the said letter patenT S iotS hereunto had may mo.e fully and at large appear Now Know you tha We h vf evoked and determined And do by the«, presents «,voke and determine the sLdreci 13 ecrs patent granted to you the ..id Guy Carletona. afo^said and every cLs' .c e and tb.ng thereu, contained And we have also revoked and determined and do by the,e presents revoke and determine so much and such part of the- said recited let! tar patent Granted to Molineux Shuldham E«,. as aforesaid as relate, to the clt of Labrador mc ud.ng the Island of Anlicocti with any oU.er the said sma 1 Is ndsoa e sa.d coast of Labrador and every clause article and thip» therein aontai d s^ ^ar as the san^e relates to the said coost of Labrador and U.e Island he«in befoe raited And further Know you that we reposing especial trust and aonndence in the prZnce courage and loyalty of you the said Guy Garleton ofour especial, grace cert^W Si rr r '"" ''""«'' '^^ '" constitute and Ippoinf^ou Met^^^j^" . Carieton to be our Captain General u,ui Commander in Chi^ in a.ui over our I ,. i( Tf- '"■ ! Mr Ji/Mtndta. Province qf Quebtc in America eompr«he.i(MnR ill our territorioi^If Undi and coun- "* "• triet in North America bounded on the .South by • line /row the Day qf Chaleun cJ^aZi'— »f ALONO THB IIlOH LAND* WHICH UIVIDB TH« IHVBM THAT BMfTr T«1M«BLVKS INTO Ii« "pm'.'SSr otrmtt MivBB St. Lawrkmcb rnoM thosb which fall ikto thb Ska to a point in uurt«^ Forty five de/frets nf Northern Ltttltude on the Ecutern bank qf the river Con- "SS'SmTiu^ necticut keepinff the same latitude directly west throuffh the Lake Champtain vntil in the same latitude it meets with the river St. Lawrence from thence up the Eastern bank of the aaid river to the Lake Ontario thence through the Lake Ontario and the river commonly called Niagara and thence along by the Eaat- orn and South Eastern bank of Lake Erie following the aaid bank until the lanie shall be intersected by the Northern boundary Granted by the Charter of the Pro- vince of Pennaylvania in case same shall be ao intersected and from thence along the said Northern and Western boundaries of the said Province until the said western boundary strikes the Ohio but in caie the said bank of the said Lake shall not be found to be so intersected then following the said bank until it shall arrive at that point of the said bank which shall be nearest to the North western angle of the said Province of Pennaylvania and thence by a right line to the North western angle of the Mid Province and thence along the western boundary of the said Province 'intil it strikes the river Ohio and along the Bank of the said river Westward to the Banks of the Mississippi and Northward along the Eastern bank of the said rivw to the Southern boundary of the territory granted to the Merchanta adventurers of England and trading to Hudsons Bay And also all such territories Islands and countries which have since the tenth of February one thousand seven hundred and sixty three been made part of the Government of Newfoundland as aforesaid together with all ths righta members and appurtenances whataoever thereunto belonging And we do hereby require and command you to do and execute all things in due manner that shall belong to your said command and the Trust that we have reposed in you accord- ing to the several powers and directions granted or appointed you by this present commission and the instructions and authorities herewith given unto you or by such further powen instructions and authorities as shall at any time hereafter be granted or appointed you under our signet and sign manual or by our cder in our Privy Council and according to such ordinances as shall hereaAer be made and agreed upon by you with the advice and consent of the Council of our nk] Province under your go- vernment in such manner and form as is hereinafter expressed And our will and pleasure is that you the said Guy Carleton do after the publication of thpse our letters patent in such manner and form as been heretofore accustomed to be used on like occasions in the first place to take the oath appointed to be taken by an act passed in the first year of the reign of King George the first intituled (An act for the further security of his Majestys person and Government and for the succession of the Crown in the heirs of the late Princess Sophia being Protestants and for extin- guishing the hopes of the pretended Prince of Wales and his open and secret abettors) And by an Act passed in the sixth year of our reign Intituled (An Act for altering the oath of abjuration and the assurance and for amending so much of an Act of the seventh year of her late Majesty Queen Anne intituled An Act for the improvement of the union of the two Kingcbms as after the time therein limite'l requires the delivery of certain lists and copies therein mentioned to Persons indicted of High Treason or Misprision of Treason As also that you make and subscribe the declaration men- tioned in act of Parliament made in the twenty fil\h year of the reign of King Charles the second Intituled (An Act for preventing dangers which may happen from Po- pish Recusants) And likewise that you take the oa»' . usually taken by Governors in the Plantations for the due execution of the office and trust of our Captain General and Governor in and over our said Province and for the due and impartial administration ' America) to all and every nuch person and persons respectively as you shall think fit who sh*!! at any time or times pass into our said province or shall be resident or abiding And wee do hereby authorize and empower you to keep and use the publick seal of our Province of Quebec for sealing all things whatsoever that shall pass the Great Seal of our said Province And wee do hereby give and grant unto you the said Guy Carleton full power and authority with the advice and consent of our said Council to make ordinances for the peace welfare and good Government of the said Province and of the people and inhabitants thereof and such others as shall resort thereunto und for the benefit of us our heirs and successors Provided always that nothing het-ein con- tained shall extend or be construed to extend to the authorizing and empowering the passing any ordinance or ordinaDces for laying any taxee or duties within the said If' iiffi i ' ( I lairing pub> •— • liok buiUings'or f<»F aoy other purpose respecting the local convenience and oconomy. ■ni.iDiic. 1774. of such To«rn or Dist«ict Provided also that every ordinance so to be made by you by and' with' the advice and consent of the said Council shall- be within six months fVom th» passing thereof transmitted to us under our seal of our said Province for our apf)robation or diHallowanoe of the s^me as also duplicates thereof l.y the next con- veyance and In case any or a'J of the said ordinances shall at any time be disallowed and not approved and so signified by us our Hairs and Successors by order in their or our privy council unto you the saiih Guy Canieton or to the oommtuder in chief of oar said fn>vincflfirme;l by us our heirvimd Suecefi,nishments corrections and executions upon any offender or offenders who shall be mutinous seditious disorderly or any way unruly either at sea or during the time of their abode or residence in any of the Ports harbours or Bays in our said Province as the case shall be found to require according to martial law and tiie said directions during the time of war as aforesaid Provided that notiiing herein contained shall be construed to the enabling you or any by your authority to hold plea or iiave any jurisdiction of any offence cause matter or thing committed or done upon the high sea or within any cf the havens rivars or creeks of our said province under your go- vernment by any Captain commander Lieutenant master ollioer seaman soldier or Per- son whatsoever who shall be in actual service and Pay in or on l>o.ird any of our ships of war or oUjcr veg-el acting by immediate oommi.:ion or warrant from our 48* . 100 '/ij^tf^. commisnons for executing the Office of our high Admiral of Great BriUiii or lh)m .1 ■ our high Admiral of Great Britain for the time being undor the seal of our admiralty ilJ^SSS? Sf **"* *■' '"*'*' CapUin commander Lieutenant maater officer seaman soldier or other per. oJebSc""""" "'*'" •" offending shall bb left to be proceeded against and tried as their o£fences shall o«-c.T;;;^e„. ««qu"'e e»ther by commission under our great seal of this Kingdom as the statute of 3JuiD«. ihi. the Twenty eighth of Henry the eighth directs or by commission from our said com- missioners for executing the office of High Admiral of Great Britain or from our High Admiral of Great Britain for the time being according to the aforementioned act inti- tuled (An act for amending explaining and reducing into one act of Parliament the the laws relating to the government of his majestys ships vessels and Forces by sea) and not otherwise Provided nevertheless that all disorders and misdemeanors com- mitted on shore by any Captain commander Lieutenant Master Officer Seaman soldier or other person whatsoever belonging to any of our ships of war or other vessels act- ing by immediate commission or warrant from our commissioners for executing the office of High Admiral of Great Britain or from our High Admiral of Great Britain for the time being under the seal of our Admiralty m?y be tryed and punished according to the law of the place where any such disorder* offences and misdemeanors shall be committed on shore notwithstanding such offender be in our actual service and borne in our pay on board any such our ships of war or other vessels acting by immediate commission or warrant from our commissioners for executing the office of our High Admiral or froiji our High Admiral of Great Britain for the time being as aforesaid so as he shall not receive any protection for the avoiding of justice for such offences committed on shore from any pretence of his being employed in our service at sea And our further will and pleasure is that all publick monies granted and raised for the publick uses of our said province be issued oat by warrant from you by and with the advice and consent of our council as aforesaid for the support of the Government and not otherwise And wee likewise give and grant unto you full power ancTauthority by and with the advice and consent of our said co-mcil to settle and agree with the inhabitants of our said Province for such lands tenements and hereditamenta as now are or here- after shall be in our power to dispose of and them to grant to any person or persons upon such terms and under such moderate quit renta services and acknowledgments to be thereupon reserved unto us as you with the advice aforesaid shall think fit which said grants are to pass and be sealed by our publick seal of our said province and be- ing entered upon record by such officer or officers as shall be appointed thereunto shall be good and effectual in Law against Us our Heirs and Successors And wee do hereby give you the said Guy Carleton full power and authority to order and appoint Fairs Marts and Markets as also such and so many ports Harbours Bays Havens and other places for the conveniency and security of shipping and for the better loading and unloading of goods and merchandizes in such and so many places as by you with the advice and consent of our said council shall be thought fit and necessary And wee do hereby require and command all officers and Ministers civil and military and all other inhabitants of our said Province to be obedient aiding and assisting unto you the said Guy Carbton in the execution of this our commission and of the powers and au- tliorities therein contained and in case of your death or absence from our said Province and Government to be obedient aiding and assisting as aforesaid to the Lieutenant Go- verner or Commander in Chief for the time being to whom wee do therefore by these presents give and grant all and singular the powers and authorities herein granted to be by him executed and enjoyed during our Pleasure or until your arrival within our said Province And if upon your death or absence out of our said province there be no person upon the place commissionated or appointed by us to be Lieutenant Governor or commander in chief of our said Province Our will and Pleasure is that the eldest Councillor being a natural born subject of Great Britain Ireland or the Plantations. 101 and pro/Uing the Proteatant religion who shall h. .» ♦».- *• , «oce residing within our uid shall Uklup^^^ii^ l*%*'rlr' «'«•«' •'"»- '^f^""^- •rnment .nd execute our ».id oommi«.1„T^ • ^^ •'''"""•trttion of the Gov- ^81. .nd .uthoritie. therein rnts^lrtrZlnl^?"",,""' *' "^*"" P«-" <-=- - other our Governor or Comm.nder LchTf tho M ? '" '""'"*' '"*" P"'?'"" " ^TS^ .1 «nce until your return T'nM^^tnJ'l''^' *"*'"'" c«e of your ab- •'""^tT wee do hejy decl.„ oHai . " .Zn ? ' "" '^;,^''«^P'«"""' be known And«IRf»^^: mayholdexecuteandeniov the offiT J f T ^^^ "'•* «"/ Crleton shdl and in Chief in and over orslid Pr^^e. of o'tlv"" ?""'" ''""''"' '"'' «— ' the«unto with all and sin^ufrrwl^"'. u"' *" *^" ^™'*"'" ^«'P«»<'«t for and during our will 3 1."^;" ""i"""" "^'^''^ 8""''«' "»»«> you -thetwenty^venthd;;vi:rJ:rpr«:^:^^^^^^ --- JOHN KIPLING. 17 GEO: III. 1777. "oftift M- Fkebebick Haldimand Esquire Governor q/" Quebec 4:r:f;?;srtr^:;;\?^^ i-'-»d King..„. „.... greeting VVhereas we did by our Utt „ p! „ "S '^'"'""'' Haldimand E«,ui,: .aS'S2 A . bearing date at Westminster Ma w"!:^^/!^^^^^^^ .euro/our Eeign constitute aZal^ZTollarle^^^^^^ *>- Afteentk Carleton Knight of the Bath) to l>e oTcpfZ oZtaT a^T ^"""'""'"^ *n and over our Province of Quebec in ^mJZ 11 ^ Governor in Chi^ islands and countries in North LeZbotZ7ol TbT^ll'V' °" *•"•"'""- .KMES XNTO THE KIVEH ST. X.AWBEKC. „0M THOS. WHIcT;!, , '*"■" ""^*- Connecticut keeping the said latitude directly west tZTTl r ""^ '^' ^'""^ until in tke same latitude it meets witutlZJaLTf ^f ' ^'^"-^Pl'nn the eastern bank of the said River to the Lake On.Ilfb ^7"T ^""^ '^"''' "P and theRiver commonly ca]ledNiarr!„H,u , ^^"'^ '^""""^^ ">« Lake Ontario bank of Lake Erie fol^; g thS ^ Lt", 1 1^^ northern boundary granted^ the cwLVote Pr^^^^^^^^^^^^^ 'Cn'T"' '' ''' ite same shall be so intersected and from thence alon^ .h I ^""""y^'"'""' "' case boundaries of the «.id Province until Z In l^ t ""^ ""''^''"^ ""^ '^««'«'n in case the said bank 0^11 «dLk ah 7?"; ^°""'"^ ''''''''' '''« O*"" ^ut following .he said bank untilTt hli "u ' '"""' '" ''^ "" '"'«'««'=''=«1 "'en be nearest ,o tr no/th Js r a„ ^r ^'m p"""' °' ""^ '''' ''-'' -"-" ^l^"" by a right line to the ^arntZ L ' J^^f I^;/^^^ t-'ce t.0 western boundary of the said Province u^t:.U:'rthro:;:rd":n^^ ■ M .^W^wto. qf the «ud River wcstwvd to the banks of the MisaisNppi and northw»r4*along tite .!!__' ewtr- I l)ank of the Mid River to the southern boundary of the Tel-ritorjr jiraiited to tbfoSJSSS? It^^" 'uercbacta adventurers of England trading to Hudson* Bay And also all such Ter- {JSebS"*''" "xHoricB Wandeand Cowitriea whi«sh have since the tenth of February one thousand Fr^tartiiTiuwi •*^*° '•""•^•^d W»d sixty-three been made part of the Government of Newfoundland i&V^h. *<»««">«' w'"> *" tl>e rights members and appurtenances, whatsoever thereunto belong- ing Now kn^'w you that we have revoked and determined and do by these presents Invoke and determine the said recited Letters Patent and every clause article and thing therein conUined And further know ypu that we reposing espeoisl trust and confi- dence in the prudence courage and loyalty of you the said Frederick Haldimand of our especial grace certain knowledge and meer motion have thought fit to comtittite and appoint you the said Frederick Haldimand to be our Captain General and Governor in Ckitf in and over our Province of Quebec in America comprehend- ing all our Territories Islands and Countries in North America bQunded on the south by a line from the Bay of Chaletirs along the HiaHLANDs which divide the BIVESS THAT EMPTY THEMSELVES INTO THE BIVER ST. LAWRENCE FROM THOSE WHICH PALL INTO THE SEA to o point in forty-fve degrees of northern latitude on the eastern bank of the River Connecticut keeping the same latitude directly west through the Lake Champlain until in the same latitude it meets with the liiver Si. Lawrence from thence up to the eastern bank of the said River to the Lake On- tario thence throu^ the Lake Ontario and the River commonly called Niagara and thence along by the eastern and south-eastern bank of Lake Erie following the said bank until the saine shall be intersected by the northern boundary granted by the charter of the Province of Pennsylvania in case the same shall be so intersected and from thence along the «ai,d northern and western boundaries of the said Province until tiie said western boundary strikes the Ohio Rutin case the said bank of the said Lake shall not be found to be so intersected then following the said bank until it shall arrive at that point of the said bank which shall be nearest to the north-western angle of the said Province of Pennsylvania and thence by a right line to the said north western "ngle of the said Province and thence along the western boundary of the said Pro- vince until it strikes the River Ohio and along the bank of the said River westward to the banks of Mississippi and northward along the eastern bank of the said River to the sbuthern boundary of the Territory granted to the merchants adventurers of England trading to Hudsons Bay and also all such Territories Islands and countries which have since the tenth of February one thousand seven hundred and sixty- three been made part of the Government of Newfoundland together with the rights members and appurtenances whatsoever thereunto belonging and we do hereby re- quire and command you to do and execute all things in due manner that shall belong to your said command and the trust we have reposed in you according to the several powers and directions granted or appointed you by this present commission and the instructions and authorities herewith given unto you or by such furthei- powers in- structions and authorities as shall at any time hereafter be granted or appointed you under our signet and sign manual or by our order in our Privy Council And accord- ing to such ordinances as shall hereafter be made and agreed upon by you with the advice and consent of the Council of our said Province under your Government in such manner and form as is hereinafter expressed And our will and pleasure is that you the said Frederick Haldimand do after the publication of these our Letters Patent in such manner and form as has been accustomed to be used on like occasions in the first place take the oaths appointed to be taken by an Act passed in the first year of the Reign of King George the First intituled (An Act for the further security of his Majestys person and Government and the succession of the crown, in the heirs of the late Princess Sophia being Protestants and for extinguishing the hopes of the pretend- I»3 ed Prince of Wnrcs and his open .nd secret .bellor,) And by .A Act p«*ed m the sixth .%,«m/*r. year of our Re.gn intituled (An Act for altering the oath of .bjur.tion .nd the assu- «" ^l- ranee and for amending so much of an Act of the seventh year of her la,. M^^sty c.^-;;;;;:;:- or «..een Anne intituled An Act for the improvement of the union of the two Kihfr liJI 'v^VSZ,' ti doms as after the time therein limited requires the delivery of certain liaU and eopi«i """" — therein mentioned to persons indicted of High Treawn or Misprision of Treason) «, "^^f^ also that you make and subscribe the declaration mentioned in an Act of Parliament "^^""' made in the twenty fifth year of the Reign of King Charles the Second intituled (An Act for preventing dangers which may happen from Popirt. ReCusanls) And likewise that you t»kc the oath usually taken by Ooverno« in the Plantations for the due execution of the Office and Trust of our Captain General and Governor in and dver our said Province and for the due and impartial administration of Justice And further that you take the oath required to be taken by Governors of the Plantations to do their uttnost that the several laws relating to Trade and the Plantations be duly observed which said oeths and declaration our Council of our said Province or any three of the members thereof have hereby fuH power and authority and are requited to tendar «hd administer to you All which being duly performed you shall yourself administer to each of the members of our s»id Council (except ar is hereinafter excepted) the said oaths mentioned in the said Act entitled (An Act for the further security of hii M«. jestys person and Government and the succession of the Orown in the heirs of the late Princess Sophia being Protestants and for extinguishing the hopes of the pre- tended Prince of Wales and his open and secret abettors) And (An Act for altering the oath of abjumtion and the assurance and for amending no much of an Act of the seventh year of her late Mnjesty Queen Anne intituled An Act for the improvement of the union of the tv/o Kingdoms as after the time therein limited requires the de- livery of certain lists and copies therein mentioned to persons indicted of High Trea- sons or Misprision of Treason) ns also cause them to make and subscribe the afore- mentioned declaration Snd to administer to them the usual oaths for the due execu- tion of their places and trusu Ami whereas we may find it expedient for our servioe that our Council of our said Province should be in part composed of such of our Canadian subjects or their descendants as remain with the same under the faith of the Treaty of Paris and who may profess the religion of the Church of Rome It is there- fore our wiJI and pleasure that in sll cases where such person* shall or may be admit- ted either into our said Council or into any other offices they shall be exempted from all tests and from taking any other oath than that prescribed in and by an Act of Par- liament passed in the fourteenth year of our Reign intituled (An Act for making more effectual provision for the Government of the Province of Quebec in North America) And also the usual o&th for the due execution of their places and trusts rcsjjectively And we do further give and grant unto you the said Frederick Haldimand full power and authority from time to time and at t.ny time hereafter by yourself or by any other to be authorized by you in that behalf to administer and give the oaths mentio:ied in the said Acts intituled (An Act for the further seaurily of his ^;ajestys person and Government and the succession of the crown in the heirs of the late Princess Sophia being Proiestints and for extinguishing the hopes of the pretended Prince of Wales and hia open and secret abettors) and (An Act for altering the oath of abjuration and the assurance and for amending so much of an Act of the seventh year of her Majesty Queen Anne intitled An Act for the improvement of the union ol the two Kingdoms ns after the time therein limited requires ths 'delivery of certain lists and copies there- in mentioned to persons indicted of Hi;{h Treason or Misprision of Treason) to all and every snch person and persons as y^- hill think fit who shall at any time or times i)as» into our said Province or shall Ki resident or abiding there And we do hereby authorize and empower you to keep and use the public seal of our Province of Quebec for sealing all things whatsoever that shall pass the great seal of our said 49* HI If 194 *^^Kf"'' ^'•^'"" '^"'^ '^« '•'• •'•'^''y 8»vc and grant unto you the laid FreJerrck Haldimanrf ^ ■ /"" power and authority with the advice and consent of our aaid Council to make •b?°o„«^ of ordinances for the peace welfare and good government of the said Province and in- IXebSj?""" "f habiUnU thereof and such others as shall resort thereunto and for the benefit of us »^.ri;rH.idi- *""■ ^^'" ""'^ •uccessors Provided always that nothing contained shall extend or be m»^^. construed to extend to the authorizing and empowering the passing any ordinance or ordinances for laying any Uxes or duties within the said Province such rates and Uxes only excepted as the inhabiUntsofanyTown or District within our said Province may be authorized by any ordinance passed by you with the consent of our said Council to assess levy and apply within the raid Town or District for the purpose of making roads erecting and repairing public buildingu or for any other purpose respecting the local convenience •nd economy of such Town or District Provided also that every ordinance so be made by you by pnd with the advice andconsentof the said Council shall be within six mouths from the passing thereoftransmitted to us under our seal of our said Province for our approba- tion or disallowance of the same as also duplicates thereof by the next conveyance and w ease any or all of the said ordinances shall at any time be disallowed and not approved and ■0 signified by us our heirs and successors by order in their or our Privy Council unto you the said Frederick Haldimand or to the Commander in Chief of our said Province for the time being then such and so many of the nid ordinances as shall be so disal- lowed and not approved shall f/om the promulgation of the aaid order in Council within the said Province cease determine and become utterly void and of no effect Provided also that no ordinance touching religion or by which any punishment may be inflicted greater than fine or imprisonment for three months shall be of any force or effect until the same shall have been allowed and confirmed by us our heirs and successors and such allowance or confirmation signified to you or to the Commander in Chief of our said Province for the time being by their or our order in their or our Privy Council Provided also that no ordinance shall be passed at any meeting of th Council where less than the majority of the whole Council is present or at any Ume except between the first day of January and the first day of May unless upon some urgent occasion in which case every member thereof resident at the Town of Quebec or within fifty miles thereof shall be personally summoned to attend the same and to the end that nothing may be passed or done by our said Council to the prejudice of us our heirs and successors we will and ordain that you the said Frederick Haldimand shall have and enjoy a negative voice in the making and passing of all ordinances as aforesaid And we do by theae presents give and grant unto you the said Frederick Haldimand full power and authority with the advice and consent of our said Council to erect constitute and establish such and so many CourU of Judicature and publick justice within our said Province under your government as you and they shall think fit and necessary for the hearing and determining of all causes as well criminal as civil and for awarding execution thereupon with all reasonable and necessary powers authorities fees and privileges belonging thereunto as also to appoint and commission- ate fit persons in the several parts of your Government to administer the oaths men- tioned in the aforesaid Acts entituled (An Act for the further security of his Majestys person and Government and the succession of the crown in the heirs of the late Prin- cess Sophia being Protestants and for extinguishing the hopes of the pretended Prince of Wales and his open and secret abettors) and (An Act for altering the oath of abjuration and the assurance and for amending so much of an Act of the seventh year of her late Majesty Queen Anne intituled An Act for the improvement of the union of the two Kingdoms as after the time therein liraitecal convenience le so be made by six mouths from forourapproba- nveyanoR and in ot approved and vy Council unto ir said Province hall be so disal- der in Council tnd of no effect jnishment may be of any force IS our heirs and he Commander in their or our meeting of th or at any time less upon some >wn of Quebec he same and to he prejudice of ick Haldimand I ordinances as iaid Frederick ir said Council 'e and publick ley shall think ill criminal as essary powers d commission- he oaths men- f his Majestys the late Prin- itended Prince g the oath of B seventh year t of the union ery of certain or Misprision ) such persons we do hereby !S and in cases requisite Commissioners of Oyer and Terminer Justices of the Peace Sheriffs and Appendix, other necessary officers and ministers in our said Province for the better administra- "o. 31. ' tion of justice and putting the laws in execution and to administer or cause to be ad cc^i^™ .r ministered unto them such oath or oaths w are usually given for the due execution S*. ^\^ S and performance of offices and places and for the clearing of truth in judicial causes*"'*— And wee do hereby give and grant unto you full power and authority where you shall "t^M^S^ see cause or shall judge any offender or offenders in criminal matters or for any fines '*"^'* or forfeitures due unto us fit objecU of our mercy to pardon all such offenders and remit all sucU offences fines and forfeitures treason and wilful murder only excepted in which cases you shall likewise have power upon extraordinary occasions to grant reprieves to the offenders unUI and to the intent our Royal pleasure may be known therein And we do by these presents give and grant unto you full power and autho- rity to collate any person or persons to any Churches Chapels or other Ecclesiastical Benefices within our said Province as often as any of them shall happen to be void And we do hereby give and grant unto you the said Frederick Haldimand by yourself or by your Captains and Commanders by you to be authorized full power and autho- rity to levy arm muster command and employ all persons whatsoever residing within our said Provinse and as occasion shall serve them to march embark or transport then) from one place to another for the resisting and withstanding of all enemies pirates and rebels both at land ami sea And to transport such forces to any of our Plantations in Am.rica if necessity shall require for defence of the same against the invasion or attempU of any of our enemies and such enemies pirates and rebels if there shal! be occasion to pursue and prosecute in or out of the limits of our said Province And if it shall so please God them to vanquish apprehend and take and being taken accord- ing to law to put to Death or keep and preserve them alive at yoir discretion and to execute Martial Law in time of invasion war or other times when by law it may be executed and to dc and execute all and every other thing and things which to our CapUin General and Governor in Chief doth or of right ought to belong And we do hereby give and grant unto you full power and authority by and with the advice and consent of our said Council to erect raise and build in our Province such and so many Forts Platforms Castles Cities Boroughs Towns and Fortifications as you by the advice aforesaid shall judge necessary and the same or any of them to fortify and fur- nish with ordnance ammunition and all sorts of arms fit and necessary for the security and defence of our said Province And by the advice aforesaid the same again or any of them to demolish or dismantle as may be most convenient And for as much u divers mutinies and disorders may happen by persons shipped and employed at sea during the time of war and to the eud that such as shall be so shipped and employed at Sea during the time of war may be better governed and ordered wee do hereby give and grant unto you the said Frederick Haldimand full power and authority to constitute and appoint Captains Lieutenants Masters of Ships and other Commanders and Offi- cers and to grant to such Captains Lieutenants Masters of Ships and other Comman- ders and Officers commissions to execute Ihe Law Martial during the time of war according to the directions of an Act passed in the twenty-second year of the Reign of our late Royal Grandfather intituled (An Act for amending explaining and reducing into one Act of Parliament the laws relating to the government of His Majestys Ships Vessels and Forces by Sea) And to use such proceedings authorities punish- ments corrections and executions upon any offender or offenders who shall be mutinous seditious disorderly or any way unruly cither at sea or during the time of their abode or residence in any of the PorU Harbours or Bays in our said Province as the case shall be found to require according to Martial Law and the said directions during the time of war as aforesaid Provided that nothing herein contained shall be construed to the enabling you or any by your command to hold plea or have any jurisdiction of ajiy offence cause matter or thing committed or done upon the High Sea or within any '■'.. I I if riit ^fi^ij "TT'- 'J '^' "•'^•"' "'7" "' '^'«''' '>f ««" "i'J ProTincc „„d*r your goremmont by .nr Captain Commander Lieutennnt Mn«or OfBcer Seaman Soldier or person IZtLZ «.?r^-„l:r S;*""' -".n be m our .cu-l .erviee and pay in or on board any oroJr7hin. of Z oT ^'^' "'ctl""!" 't' 1 ""r"'' "'"'^'""'" "^ ^'-"' ^«>- our ComrLrr: '■SIT^T'- ™ ort^BrLt'? "'.""^ "'K'^j;'''"'-' "f »«•» Britain or from our High Admiral '*"^^ r.^ r 1°' """ '^'''« ""''■'•• «•"> ->o' our Admiralty but th.» m.ch Captam Commander Lieutenant Master Offlcer Seaman Soldier or other peraon Z eill^h 'y ?r '"'r ';"'r r' ^"^^ ■ '"' °' •'•'^ ^"'«*'*'"' - '^« "'«"" »' »he tZty. e^hth of Henry the Eighth direct, or by oommi*rfon fmm our *id Commiaaionw. fZl.l .'"'^ "'"""■'""« '" *''" '*'"°"' ""^'»'*«"«'' Aet intituled (An Act fi^amendrngexplainrngandreducingiDtooneActofParliamentthelawarelatigtoth. r !! r, ' ' ''"*'""" ""^ •»««'**"''o» committed on ahore by .„y Captala ^r^J7 n'^ "' ""' " "*'''" ^^"*" •*"'"« ^y '"'«'«H1) BcptTlVn. 19T there be n« perion upot, the place c^mi^loctt^ or wndnW hr«l.teTi,., -.««.^ K IMI tlie eKieat Councillor being a natural born nibject of GrMt Briu« l-L-j U,e Planution. and profeaaing the P„,teat«,t reli,i«. who iH^af .^.711 v„!^-'^^ - death or abaenoe reaiding wi.hm our a«d P„^il ^, t*! J^n Vim tTJlJZ "« """ " trationo. the(^e™.e„t.„do«««M o„r aaid co.^iaalt^J^ J::,ll7t «v*ral p-wer. and authoritie. U,e«i„ contained u, the .am. nMnner^r^l'ntel,; and purpoae. aether our Oo«.mor or Com«.«»,r in Chief ^M ^IZ^TZT ^ of yo«r abaeoc. until your return Or in .,, cae. until our faJh^Ture ^ known herem And we do hereby decl.„ oniain «.d appoint that yo. the «W ft^ CpU,« General and Goromor in Chief in and oyer our .id Province of Quebec Z ail the Terraonea dependant thereupon end dl «.d aiwgular the ^ .L^tt^^ hereby graced unto you for and during our will and ^ I^XTte vSil •«r.etf ti Weatnunater thi. •igbtow.th day of September JOHN KinLJNO. o oMMi mow TO nm owr OABumnr k il AS CAPTAIN-GENERAL AND GOVERNOR-IN-CHIEF OF QUMEC. 23D APRJI. 36 GEO: III. 17»6. ' Fifth part qf patents in the twenty Sixth year of Kins Oe^ge tht Third SiH Gtjy Cabletow K. B. Governor qf Quebec fender of .he fa.lh and «, forth to our trusty and welbeloved Sir Guy Carleton knight ^'i^ZT^^' of he most honorable order of the Bath greeting whereaa w.e did by our letter, fa ' ' tent under our great Seal of Great Britain bearing date at Westminster Me eighteell day of September .n the seventeenth year of our Reign constitute an /app^n^ Fredenck ^ald^mand Es,uire now Sir Frederick Haldimand Knight of Z ml honorable of the Bath to be our captain general and governor in chLj- in andoZ our province of Quebec in America then bounded as in our said recited letters pa- tent mu, ,nent^o.^ and expressed now know ye that wee have revoked and deC- mined and by these presents do revoke and determine the said recited letters patent and every clause arfcle and thing therein contained a.ul further know ye that we reposing espec-al ru.t and confidence in the prudence courage and loyalty of you the said Sir Guy Carleton of our espec.l grace certain knowledge and mere motion have thought fit io appoint you the said Sir Guy CarUtonto be our captain general and goverZ ^nch.e/.n and over our province of Quebec in ^««- Jcomprehendingall our te" rr Tr^ T '"""■'" '" '''"'"' ^""''^ *''"'"^'' "« "'^ -S-ouM by a line from the Buy ofCluLleurs ax.ono th. h.oh ,.ands which p.vior the bivebs that emptit THEMSELVES .«T0 THE B.VEB SaiNT LawbeNCE .BOB. THOSE WHICH FALL INTO THE Atlantic Ocean to the North westernmost head of Connect^cfU river thence down 7Zt T'/ '"" "■"'• '" "' ^'^'^ ^^'^ ''^^^ "/ ^-'A ^"V«rf. from thence by a Unc due west on smd latitude until it strikes the river Iroquois or 50* ■ ' !.-> ' ■ ' i I" i ' ! ' HHfi. ' 108 '^'n'o ^"* ^"""^f^'if '^'"^ "'"»» *^ middle qfaaid river into the lake Ontario throuffh the • middle qf Said Lake until it strikes the communication by water between that .ni^lirr; "J, ^■^** "'•^ ^** ^'"« '^'•'^'^^ '*« ^*'^l* l/" *«'rf /«*« "«/•/ H arrives at the water j.^«,.«. „ communication between that lake and lake Huron thence alon^ the middle of said m, a«r~«i.u«. •*«'"• <^'»nmunicatimi into the lake Huron thence through the middle qf said lake m A^u, .m to the water communication between that Lake and Lake Superiour ihence through lake Superiour Northward qf the Isles Royal and Phillipeaux to the Long Lake thence through the middle q/ said LaosJ^e and the w„t,r communication between 1/ and the Lake qf the Wood, to the said Lake qf the Wood* thence through the said lake to the most north western point thereof and from thence on a dtte west course to the nver Mississippi and Northward to the Southern boundary of the Territory granted to the MerchanU adventurers of England trading to Hudson. Bay and al«> all such terntor.es Islands and countries which have since the tenth of February one thou. «nd J»ven hundred and sixty three been mad. part of the Government of Newfoundland together with .11 the right, member, and appurtenances whatsoever thereunto belonR. Zr.' T.luT^ '^"'"^ ""^ '""""""•' ^"^ '•* '^° *"" "««"'« •" '"ing. in due manner that shall belong to your ..id command and the trust we have reposed in you «!Cord.Bg to the several power, and directions grante-l or appointed you by thi. pre- sent commission and the instruction, and au.horitie. herewith given unto you or by . such further instructions and authorities as shall at any time hereafter be granted or appointed you under our Signet or sign manual or by our or,ler in our privy council and according to such ordinances as shall hereafter be made and aarced upon by you with the advice and consent of the council of our said province under your ko- vernment in such manner and form as is herein ».£er expressed and our will and pleasure is that you the said Sir Guy Carleton do after the publication of these our letters patent in such manner and form as has been accustomed to be used on like occasioiisin the first place take the Oaths appointed to be taken by an act passed in the first year of King George the first intituled [an act for the further security of his Majestys person and Government and the succession of the crown in the Heirs of the late princess Sophia being proteatants and for extinguishing the hopes of the pre- tended prince of Wales and his open and secret abettors] and by an act passed in the sixth year of our reign intituled (.-.n act for altering the Oath of abjuration and the as- surance and for amending so much of an act of the seventh year of her late Majesty Queen Ann intituled (an act for the improvement of the union of the two Kingdoms as after the time therein limittc.l requires the delivery of certain lists and copies there- in mentioned to persons indicted of hiRh treason or misprision of treason) as also that you make and subscribe the declaration mentioned in an act of parlianrent made in the twenty fifth year of the reign of King Charles the Second intituled (an act for pre- venting dangers which may happen from popish recusants) and likewise that you take the Oath usually taken by Goveri.ors in the plantations for the duo execution of the office and trust of our Captain general and Governor in chief in and over our said pro- vince and for the due and impartial administration of Justice and further that you take the Oath required to be taken by Governor, of the plantations to do their utmost that the several laws relating to trade and the plantations be duly observed which said Oaths and declaration our council of our said province or any three of the members thereof have hereby full power and authority and are required to tender and administer to you all which being duly performed you shall yourself administer to each of the members of our said council (except as is hereinafter excepted) the said Oaths mentioned in the said acts intituled (an act for the further security of his Majestys person and government and the succession of the crown in the Hei.j of the iatn princess Sophia being pro- tcstanfs and for extinguishing the hopes of the pretended prince of Wales and his open and secret abettors) and (an act for altering the Oath oi' abjuration and the as- \tarw throitffh the aUr between that rivea at the water h* middle of mid idle t\f said lake ur : hence through the Long Lake tnication between T through the said » due west course of the Territory 1 Day and alio all ebniary one thou* of Newfoundland thereunto belong- 9 all things in due vii /%posed in you I you by this pre- n unto you or by er be granted or )ur priyy council "ced upon by you under your go- and our will and lion of these our I be used on like by an act passed irther security of n in the Heirs of hopes of the pre- set passed in the ration and the as- hcr late Majesty e two Kingdoms ind copies thure- ison) as also that rent made in the (an act for prc- ise that you take !xeciiiion of the 'er our said pro- er that you takn heir utmost thai which said Oaths lembers thereof Iministerto you the members of ioned in the said nd government tphia being pro- Wales and his tion and the as- 199 •unnce .nd for amending so much of an act of the serenth year of her late Majesty Jtppendfr: ' Queen Ann intituled an act for the improvement of the union of the two Kingdoms ".,. n. ' IS after the time therein limitted required the delivery of certain lists and copies there- c.,^^^„ ., in mentioned to persons indicted of high Treawn or misprision of treason) ai also 111; '^VZ'Z' rf eiuse them to make ind subscribe the aforementioned declaration and to administer "'"'»'_ unto them the usual Oaths for the duo execution of their places and truiti ind whereai "lii'^prMm"' wee miy find it expedient for our service that our council of our uid province should be In pirt compoied of such of our Canadian subjects or their deicendanti is remain within the same under the faith jf the treaty of Paris and who may profese the reli- gion of the church of Rome it is therefore our will and pleiiure that in all caies where •uch persons shall or may be admitted either in our said council or into any other offices they shall be exempted from all tests and from taking any other oalh than that pre- icribed in and by an net of parliament passed in the fourteenth year of our reign inti- tuled (an act for making more effectual provision for the government of the province of Quebec in North America) and also the usual oath for the due execution of their places and trusts respectively and we do further give and grant unto you the said Sir Guy Carleton full power and authority from time to time and at all times hereafter by yourself or by any other to be authorized by you in that behalf to administer and give the oaths mentioned in the aforesaid acti to all and every such person and persons as you shall think fit who shall at any time or times pass into our uid province or shall be resident or abiding there and wee do hereby authorize and empower you to keep and use the public Seal of our province of Quebec for Sealing all things whatsoever that shall pass the great Seal of our said provik>ce and we do hereby give and grant unto you the naid Sir Guy Carleton full power and authority with the ad* ice and consent of our said council to make ordinances for the peace welfare and good government of the said province and of the people and inhabitants thereof and such others as shall re- sort thereunto and for the benefit of us our Heirs and successors provided always that nothing herein contained shall extend or be construed to extend to the authorizing and impowering the passing of any ordinance or ordinances for laying any taxes or duties within the said province such rates and taxes only excepted as the inhabitants of any Town or district within our said province may be authorized by any ordinance passed by you witli the advice and consent of the said council to assess Levy and apply with- in the said Town or district within our said province Roads ere. 'ing and repairing public buildings or for any other purpose respecting the local convenience and occono- my of such Town or district provided also that every ordinance so to be made by you by and with the advice and consent cf the said council shall be within six months from the passing thereof transmitted to us under the Seal of our said province for our ap- probation or disallowance of the same as also duplicates thereof by the next convey- ance and in case any or all of the said ordinances shall at any time be disallowed and not approved and so signified by us our Heirs and successors by order in their or our or their privy council unto you the said Sir Guy Carleton or to the commander in chief of our said province for the time being then such and so many of the said ordi- nances us shall bo so disallowed and not approved shall from the promulgation of the said order in council within the said province cease determine and become utterly void and of none effect provided also that no ordinance touching religion or by which asiy punishment may be inflicted greater than fine or impiisonmcnt for three months shall be of any force or effect until the same shall have been allowed anil confirmed by us our Heirs and Successors and such allowance or confirmation signified to you or to tho commander in chief of our said province for the time being by their or our order in their or our privy council provided also that no ordinance shall be pass- ed at any meeting of the council where less than a majority of flic whole council is present or at any time except between the first day of January and the first day of May unless upon some urgent occasion in which case every member thereof resident at thu. Vi Ma UlMbM. ■k Oar mII be penonilly Kmrnwied to itUnd the Mtii« tnil lo the «nd thtt nolhinK nty h« paiwd or rfnii* by our Mid council to th« ^ pr«|udic« of IB onr Hein mkI 8uQ0«Moni we« wilt and ord«in that you the laid SirUtty •'Ctrbtoii ■hill have and enjoy a negative voioe in makiiigand paiwingall ordinaneoiu iM, •'"o'«»' ;,iOt nee such and so many Forts platforms castles cities boroughs Towns ami Fortifications as you by the advice aforesaid shall judge necessary and the same or any part of them to fortify and furnish with ordnance ammunition and all sorts of arms fit and necessary for the security and defence of our said province and by the advice aforesaid the same again cr nny of them to demolish or dismantle as may be most convenient and for as much Jiii c'i-,\ 11 -utinies and disorders may happen by persons shipped and employed at Sei ai:r;(:ft ♦i» titme of war and to the end that such as shall bo shipped and employ tj ar ; > a Juiing the time of war may be better governed and ordered wee do hertoy givi; aid grant unto you the said Sir Guy Carleton to constitute and flCI appoint eapUini LieutenmU Mwteni of ahipi atul other commaudfi-t and officer* and JlppendU. 10 urant to auch capuina lieutenanta maMvri of ahipa and other commandera and ofli- **• ^»- cera commiaaiona to execute the law martial during the time of war according to (he r,™";Zi.*M .r dircctiona of an act paaaed in the twenty Mrond year of the reign of our lalo royal It!'. X'T" HJ grandfather intituled (an act for amending eiplaining and reducing into one act of '*''*'^_ parliament thclawa relating to the government of hia Majeatya ahipa veaacla and forcea "ilid''Aj,V"I*7lS"' hy Sea) and to uae «jth proceedinj auihoritio* puniihmcnta correctiona and execu- tiona upon any offender or oflbiidera who ahall be mutinous aeditioui diiordcrly or any way unruly at Sea or during the time of their abode or reaidence in any of Ihe porta Uarboura or Uaya in our aaid province aa the caae shall be found to require according to law martial and the aaid directions during the time of war as aforesaid provided that nothing herein contained ahall be construed to the enabling you or any by your authori- ty to hold plea or have any Juriadiclion of any offence causr nmlier or thing commit- ted or done upon the high Sea or within any of the Havens rivers or creeks of our •ni.l provi.iee under your government by any (Captain commander Lieutenant Master officer Seaman Soldier or person whatsoever who shall he in actual service and pay in or on board any of our ahipa of war or other vessels acting by inunediate conimisaion or warrant from our commissioners for executing the office of our high admiral of Great BriUin or from our High Admiral of Great Britain for the time being under the Seal of our admiralty but that such captain commander Lieutenant master officer Seaman Soldier or other person so offending ahall be left to be proceeded against and tried as their offencea ahall require either by commission under our great Seal of this kingdom aa by the aUtute of tho twenty eighth of Henry the eighth !• ,4 t^ I 202 ^ppendi^. ,aid province ahall under colour of Ihi. authority be made to anv person or per«,„, — wha soever unnl our pleasure therein shall he signified to you and wee do herebv give f fro?:-fy°" '^'^7^/- Ouy Carleton full power and authority to order and appointVair. SUr- "'M^ts and Markets as also such and so many ports Harbours Bays Ha venfand other '^"7T"',';r' f T V "'"^^""'"oy and security of shipping and for the better loadinir and ua- - AP.... a:«. ,oad.ng of goods and Merchandise in such and so many po.« Harbours Bay! Iave„. and other places for shall bethought fit and necessary and wee do hereby reque and command all officers civil and Military and all other inhabitants of our said pro- vmce to be obedient aidingand assisting unto you che said Sir Guy Carleto.1 in tiJex ecufon of this our commission and of the powers and authorities therein and In case' of your death or absence from our said province and government to be obedient aiding and «ss.slmg as aforesaid to thr Lieutenant governor or commander in ehief for th! t me being to whom wee do therefore by these p.esentsgive and grant all and singular the powers and authorities herein granted to be by him executed and enjoyed dZl our pleisore or until your arrival within our said province and if upon Lur death of absence out of our said province there be no person upon the plac^ commi..- ,a appointed by us to be Lieutenant governor or commanL in chtf of ^Jd Zv " our .i„ and p.ea-ure is that the eldest councillor being a nature- b:.:^ e'oTg.^: Britain Ireland or our colonies and plantations and professing the protJant rllfJT who ahal, be at the time of your death or absence residing w^hinC ^ p^r: shall t,ke upon h.m the administration of the government and execute our said m^ mission and instructions and the several powers and authorities therein contained! the san.e n.anner and to all mtents and purposes as either our governor or cc.hmandlr in chief should or ought to do in case of your absence until your murn or in aH c.l «nt. our further pleasure be known therein nevertheless as it may happen in a^of the death or absence or removal of our Lieutenant governor that the sucLuonTthe eldest councilor to the administration of the government may not be for the .rood of our service and the welfare of our said province wee do he..by authorize and emVwer you .n case of such death ab«5nce or removal if itshall appear to you that it would 3 be expedient for the eldest councillor in succession to administer the government to nominate and appoint by a commission under the great Seal of our province of Quebec you being yourself at the time of such appointment person.' v ^.ijent iu the Td province any member of our council for our said province whom you shall judge the most proper and fitting U. be our Lieutenant governor thereof until our pleaslfherl upon sha 1 be known and you are to transmit to us by the first opportunity throLh o^ ^ of our pnoeipal secreuries of St.te your ,.a«.ns for such appoinlnt andwee do her"! by declare urdam and ..ppo.nt that you the said Sir Guy Carleton shall and may hold execute and enjoy the office and place of our captain general and governor ir.Iief n and over our said province of Quebec and all the territories dependant the«,upo« wi h all and singular the powers and authorities hereby granted unto you for and duringour will and pleasun. In witness&c. Witness ourself at Westminster the twenty second day of April in the twenty sixth year of our Reign ' By Writ qf privy Seal This is. true copy from the Original Record remaining in the Chapel of the Rolls having been examined. t~ ^ ««.»., JOHN KIPLING. •fji 'hi No. 22. Order tn Council oraouijuix, i7(H. APPENDIX, No. XXII. EXTRACT FROM COUNCIL ittlNUTES OF APRIL 10, 1765, WITH THE KLXG'S ORDER IN COUNCIL, JULY 20, 1764. At a tounttl held at Fort George, m the City of ^^ew Fork, on Wednesday, the ^rmendix tenth day of ^pril, \76S, fr • Present The Hon Cadwaller Golden Esq Lieutenant Governor &c Mr Hoismanden Mr De Lancey W"- ^a"8 Mr Reade Mr Walton Mr Morris His Honour the Lieutenant Governor laid before the board His Majesty's Order .n Council dated the 20th July 1764 fixing the River Connecticut as the boundary line between this Province and the Province of New Hampshire which was read and ordered to be entered on the minutes and is as follows At the Court at St James's the 20th day of July 1764 Present The Xing's Most Excellent Majesty Lord Stewart Earl of Hiisborough EjH of Sandwich Mr Vice Chamberlain Earl of Halifax Oilbert Elliot Esq Earl of Powis James Oswald Esq Earl of Harcourt Whereas there was this day read at the board a Report made by the Richt Honour- able the Lords of the Committee of Council for Plantation Afiairs dated the 17ih c. this instant upon considering a representation from the Lords Commissioners for trade and plantations relative to the disputes that have some years subsisted betwee- the Provinces of New Hampshire and New York concerning the boundary line between those Provinces His Majesty taking the same into consideration was pleased mith the advice of his Privy Council to approve of what is therein pro- posed and doth accordinnly hereby order and declare the Western Banks of the Biver Connecticut from where it enters the Province of the Massachusetts Bay as far North as the forty fifth degree of Northern Latitude to he the boundary line between the said two Provinces of New Hampshire and New For*— Whereof the respective Governors and Commanders in Chief of His Majesty's said Provinces of New Hampshire and New York for the time being and all others whom it may con- cern are to take notice of His Majesty's pleasure hereby signified and govern themselves accordingly. WM. BLAIR. It is ordered by his Honour the Lieutenant Governor with the advice of the Coun- cil that a Proclamation issue publishing His Majesty's said Order in Cornell to the end that ail His Majesty's Subjects within this Province may conform thereto and govern themselves accordingly. (J ■ m il ■*! 204 tSppendix, No. 33. State of New York, Secretary's Office. .^SSSlTuM' ^ ""^"y ^'"' preceding to be a true Extract from the Council Minutes of the late ■ Colony of New York. In testimony whereof, I have hereunto affixed the Seal of this Office, at the [L. 8.] City of Albany, the 30th day of September, 1828. ARCH'D CAMPBELL, Dtp. Secretary. By Nathaniel Pitcher, Lieutenant Governor of the State of New Fork, acting as Governor of the said State: It is hereby certified that the preceding Copy is attested in due form, and by the proper officer. In teatimony whereof, I have hereunto affixed the Great Seal of this State. [L. s.] Wituess my hand, at the City of Albany, the 30th day of September, 1828, NATHANIEL PITCHER. ^,1 APPENDIX, No. XXIII. DEPOSITIONS or JOHN ADAMS AND JOHN JAY, AND DR. FRANKLIN'S AND JOHN ADAMS' LETTERS. From General Appendix to the Proceedings under ti.e Fifll. Article of the Treaty of Ghent. JOHN ADAMS' DEPOSITION. ' " MitcheWs map was the only map or plan which was used by the Commission- ers at Ihar public conferences, thongh other maps were occasionally consulted Ay the./merican Commissioners at their lodgings; the British Commissioners at first claimed to Piscataqua river, then to Kenncbeck, then to Penobscot, and at length agreed to St. Croix, as marked on Mitchell's map. One of the American Minisfers ai dm proposed the river St. Johns, as marked on Mitchell's map, but his colleagues observing that as St. Croix was the river mentioned in the charter of vlas-a.hu- setts Uay, they could not justify insisting on St. Johns; as an ultimatnm he agreed tmth them to adhere to the charter of Massachusetts Bay, but whether it was un- derstood, intended, or agreed, between the British ,nd American Commis.sione.s,' that the nver St Creix, as marked on Mitchell's map, should so be the boundary as to preclude ;dl mquiry respecting any error or mistake in the said map in designating he nver Samt Croix, or whether there was any, and if so, what understamiiuK, in- tent, or agreement between the Commissioners, relative to the case of error or mis- take in ih.s respect in the said n,ap, that the case of such supposed error or mistake was not suggeste,l,and consequently there was no understanding, intent, or agreement expressed respecting it." o 7 s >>• Jippendix. No. 23. Drpoeiilnni of John Ailnmi and John Jay, acid Dr. Franlilin'fl&. John AdaiTiii' LetliTf, re»pfciliig Hitch eJI's Map. John .^(linns' Pe- poaition. JOHN JAY'S DEPOSITION. "In the co-rse of the n..g«,i.,ions, difllcuUies arose respecting the Eastern boundary John Ja,. De,. of the Ln.ted States. Mitchell's map was before thetn, and frequently consulted for """"• geographical information. In settling the boundary line (described in the treaty) and of winch the nver St. Croix forn,s a part, // became a question which of the rivers m those pans was the true river Si. Croi.r, it being saiu ,hat several of them had that name. I hey did finall)- agree that the river St. Croix laid down in Mildidl's map was ihe river St. Croix which ought to form apart of the said boundary line 5^* "^ ' U 306 %9ppendix. but whether that river was so decidedly and permanently adopted and agreed upon Jl ■ by the parlies as conclusively to bind the two nations to that limit, even in case it Dcp.witioM orshould afterwards appear that Mitchell had been mistaken, and that the true river St. John AduiiM aciil „ •..«.« joiinJoy,a.idUr. Croix was a diflerent one from that which is delineated by that name in his mao. is ^i''""iMTwi',Sii". * q"«'*''«"' <"• case which he does not recollect nor believe was then put or talked of. *'"''■ For his own part ht was of opinien thai the easterly boundaries of the United Jobii J^'« Dcpo Slates, ouiiht, on principles of right and justice, to be the same with the easterly boutidaries q/" the late Colony or Province of Massachusetts," Dr. Franklln'i Leiii'f. DR. FRATMKLIN'S LETTER. "I received your letter of the 31st past, relating to the encroachments made on the eastern limits of the United States by settlers under the British Government, pre- •tending that it is the Western and not the Eastern river of the Bay of Passamaqiiody, which was designated by the name of St. Croix in the Treaty of Peace with that na- tion, and requesting me to communicate any facts which my memory or papers may enable me to recollect, and which may indicate the true river tht Commissioners had in view to establish as the boundary between the two nations. Icon assure you that I am perfectly clear in the remembrance that the map we used in tracing the boundary between the two nations was brought in the Treaty by the Commission- ers from England, and that it was the same that was published by Mitchell above .twenty }'«ars before. That the map we used was Mitchell's map. Congress was ac- quainted at the time, by a letter to their Secretary for Foreign Affairs, which I sqp- pose may be found upon their files." < i i) h i I M John Ailnnii)' Ltt tt'i. H I Extract of a letter from John ^dams to Lieutenant Governor Cushing, dated Jluteuil, near Paris, 25th October, 1784. Commonwealth of Massachttsetts, Secretary's Office. I hereby Certify, that it appears by ' '"^'' •» '■'''"* ''"" " conm.ission should be prepared and pas.'d under the BddaT. Great Seal (ivhieh said commission was accordingly issued out) for authorising such Commissioners to meet within a limited time to mark out the dividing line between the said Provinces with liberty to either party uho shall think themselves aggrieved by the . -termmat.on of the said Commissioners to appeal therefrom to Ilis Majesty in Council which said Commissioners did make their Report in the following words— In pursuance of ilis .Majesty's aforcs.-.id Commission the Court took under consi- deralion the Evidencies, Picas and allegations oflerM and made by each party referring to the cuDtroTcrsy depending between them, an Li V«tlel'> Law of Ntilous. 1 I 1 1 ffi- ■ ■ 1 1 ii I? APPENDIX, No. XXVI. PROCEEDINGS ■ILITITI TO 8CRVBTING, MARKING. AND ESTABLISHING THE PARALLEL OF 4i DEOREES, TBI BODltOABT BITWIIW THE PROVINCES OF NEW YORK AND QUEBEC, viz : Cxttstt fHim «n Act of the Grnentl Anembly of New-York 13 jtnuuy, 1768. Do. from Countil Minutei, with King'i Order in Council 18 Auguif, 1768. Letttr froia eoremar Trjroa to the Surveyor General 30 December, 1771. ^'o- •»">« toBunc 7 J«mi»ry, 1772. ^"^ •""« tOMme 30Jmnu«ry, 1772. Do. from Thomu Valentine 3 February, 1772. Do. from lame 16 Aiiguit, 1772. ■o. ft/lctfor the payment of the Salaries of the several Officers of the Goi>erntnent No^- and of other services and for the better securing the public funds of the Colony. Boundanrbeiwwn ^c it cnactcd by His Excellency the Governor the Council and the General As- a«b«.^ '" sembly and it is hereby Enacted by the Authority of the same that the Treasurer of Ac^'^'mii/^'Isih **^'* *^"'°"y **'"" ^^ ""'^ hereby is directed and required out of the monies arisen or JinJr'M:o8. ' which may arise by virtue of the following Act Viz « An Act for Granting unto His Majesty the several duties and impositions on Goods Wares and Merchandizes imported into this Colony therein mentioned" to pay Unto his Excellency the Governor for administering the Government of this Co- lony from the first day of Septomber one thousand seven hundred and sixty-seven to the first day of September one thousand seven hundred and sixty-eight after the rate of two thousand pounds per annum. Unto his said excellency the Governor for monies by him expended on his Journey to settle the line of jurisdiction between this Colony and the Province of QuebL-c the sum of three hundred and seventy-nine pound.s eleven shillings and seven pence. !^ii i ! '1 4S DEOREES, BBEC, 3 JtnuMy, 1768. 13 Auguit, 1768. December, I77t. 7 January, 1773. SO January, 1773. February, 1772. 16 Auguit, 1772. 1 October, 1772. 2 October, 1772. ..26 Jane, 1773. . . .2 July, 1773. February, 1774. .19 March, 1774. ,28 March, 1775. . . .1 April, 1775. Kiitacihroai a* Aci. paiH'il Uik. jMuarjr, 17<8. til AsMmbly Chamber CUy of New- York Die Martii the 5th of January I76« In ^pptndiz. the eighth year of hia Majesty'a reign. General AaaemWy for the Colony of New *"»• 26- York. Tnis Bill having been read three timea Reaolved that the Bill do paaa By v^^iH^ ^. order of the General Aasembly ' TJ..--'* ^"^ W. NIOOIX, Sptaktr. Asiembly Chamber Die Martia the Sth ol* January 1778. Ordered that Col. Seaman and Major Liipenard do carry thia bill to the Counoil and deaire their concurrent thereto, fly order of the General Aaeembly. AB'M LOTT Council Chamber City of New York 5th .January 1768. This Bill was then read the firat time and ordered a second roading; 6th Jaunary, Read the jecond time, committed and reported without ameiulfneot and ordered a third reading : January 8th, Read the third time and paaacd. GEO. BANYAR, U. Clk. Con. New York 13th January 1768. I assent to thia Bill Enacting ttie aame and order it to be Enrolled. 9i. MOORB. State of Nbw York» Secrelary's Qffice. I certify the preceding to be true Extracts from on original law on file in this office. In testimony whereof, I have hereunto affixed the Seal of thia Office, at the [l. s.] City of Albany, the 3d day of October, 1888. ARCH'D CAMPBELL, Dep. Secretary. By Nathaniel Pitcher, Lieutenant Governor of the State of New York, acting as Governor of the said State : It is hereby certified, that the above altesUtion is in due form, and by the proper officer. In testimony whereof, I have hereunto affixed the Great Seal of thia State. [I., s.] Witness my hand, at the City of Albany, the third day of October, 1828. NATHANIEL PITCHER. Government the Colony. e General As- j Treasurer of mies arisen or jranting unto Merchandizes It of this Co- lixty-sevcn to ifler the rate 1 his Journey )f QuebL'C the seven pence. BZTBAOT FROM THE COU.NCIL MINUTES OF OCTOBER 21, 1768, INCLUDING THE KING'S OUDEll IX COUNCIL, DATED AUGUST 12, 1768, CONFIRMING THE PUOCEEDINCS UELATINO TO THE LINE llETWEEN NEW YORK AND QUEBEC. At a (.'ouncil held at Fort George in the City of New York on Friday the 21st day order tn Couneii, Of October 1768 ■''iau.Aup...,i7«. Present His Excellency Sir Henry Moore, Baronet, Captain General &c Mr Watts Mr Morris Mr Reade Mr Cruger His Excellency communicated toihe board a Letter to him of the 131h Aogtist list from the Earl of Hillsborough his Majesty's principal Secretary of State for the Cola, <] At'jppenu I ii ^1^ T I " nnundarv hm t ' 213 ^'IpP^ndix. nic. wifh aundry paper, inclo.od and referred to therein all which being read were ordered lo be entered on the minutes and areaa rollowi Rnundary tw. i:r«„5^:. ""'* Sib : Whith. a ll l Mh ,'lugmt 1 768. r.tA;V.;T/ai;: "" l'"' 'S"' J"'y ' '•e«'"vcd your Letter to me No 1 1 acquainting me with your in- tenlion of setting out the next day after the dale of it for the Mohawk Country and I shall be h»ppy to hear that your Journry has proved «s agreeable to yourself as 1 d.re say It will have been beneficial to the public. I have only in command from his Majesty to send you the inclosed order of Plia Msjosty in Council confirming the boundary line between New York and Quebec as agreed upon and lixed i)y yourself and Governor Carieton for the due Execution of which order under the several limitations and restrictions contained in it His Majesty has the fullest reliance on your zeal for and attention to his service. Some doubts having occurred lo the Lords of trade whether the two last acM passed in New York for making provision for quartering His Majesty's Troops were such a Compliance with the British act of Parliament as to give validity to the subsequent acts and proceedings of the Legislature there under the restrictions of the act of Par- liament of the 7th of the King, their Lordships thought fu to make a report to His Majesty Uiereupon. This report has since been referred to his Majesty's Attorney and Solicitor Oeneril for their opinion upon the question agitated by the board of trade and they having re- ported that they are of opinion (he act of Assembly passed in New York in June 17C7 IS such a Compliance with the act of Parliament of the 7th year of His Majesty's Heign as leaves Uie validity of the acts and proceedings of the Legislature of the Colony subsequent to the 1st of October 1707 subj„ct to no objection on that account I here- with inclose lo you a Copy of His Majesty's order in Council thereupon directing the Lords Commissioners for trade and plantations to proceed in the Consideration of the other laws passed in that Province and make their rcj.rescntations thereupon lo Hi* . Majesty in Council in the usual, and accustomed manner. I am Sir your most Obedient Humble servant HILLSHOKOUGH. ^l a Court at St. James' the \3th day o/.lugust 17(i8. Present The King's most Excellent Majesty Dulic of Grafton ViscnunI Falmouth Duke of Rutland Viscount Harrington Duke o( Queensbury Viscount Villiers Marquis of Granby Lord North Earl of Litchfield James Siuart Mackenzie Esqr. Earlof HilUborougb Thomas Hai ley Esqr. EarlofSholburnc Sir Edward Hawke Viscount Weymouth Whereas there was this day read at the Iward a report from the right Honorable the Lords of the Committee of Council for planlatir>n affiiirs dated the 9tli of this inslani up- on considering a report made by the Lords Commissioners for trade and plantations upon an Extract of a letter from Sir Henry Moore Governor of New York to the Earl of Shelburne dated the IGtii of January last relative to the selling the boundary line iK-lween that Province and Quebec; By which report it appears that it having been mul.ially agreed upon between Sir Henry Moore and the Commander in Chief of the Province of Quebec at a meeting for that purpose appointed that the line of division between these Provinces should be fixed at the forty-fifth degree of North Jatitude If QI3 o«rform.WM. Jhe limrt. laid down k, hi. M-j^.ty'. pn,cUm.tio„ of October 1763 ^pp.nHi^. «KI .t harm,, bwn innertamed and determined by proper ob.erv«tion, where the uid "o- «• Ime wodd p.« ,1 i. ,h«t,fc,e pr.po.^d Ih,., thcc proceeding, abore .Uted should be b.;;;;:^ ^ ple..cd wrth the .,lv.co of h.. pr»vy Council to approve thereof .nd ,l«,l. hereby - ,m.„ .;;T.„.„,„ firm the N.d prooeed.op .bore Mated anperli« of Hi. Majenty'. new .ubjec.rh.v.ng poaaewiona under pro,H,r titlcaon thoae part, of the land, on the South rnde of th>a line the dominion of which w«i not di.jHited o« the part of the Crown of GreMBnt..n.nd Providt^ .]«, .h.l Ihia determination ah.ll «,t operate wholly to depnve h.. Majc.ty'. new aubjecta of .uch conccaion. on the South side of the aaid hnc on wh.ch they may have made actual «Ulement and improvement althouKh the Land, may have been disputed by the Crown of Great Britain but that ,uch poaae.- wr. .hall be entitled to ao mnch of the u\A conceiaiona aa «hall be proportioned to the.r .mprovementa at the rate oJ f,(ly ,..re. for every three acre, of hnprovement Prov.d«i Ihey Uke ou. grant, for the aame under the Seal of the Province of New Ywi .«bj«a k>.the usual quit rent, and Provided alao that the grant to no one per- .on .hall exceed twenty thou«nd acre, and the Governor, or Commander, in Chief of H..M«,c.ty...id Province, of New York and Quebec for the time being and all other, whom ,t may concern .re to take notice of Hi. Maje.ty'a pleasure hereby .ig. nified and govern theraMlyei accordingly. STEFIIEN COTTRELL. State op New Yohk, SecreJary's OJice. I certify the preceding to be a true Extnwt from the Council Minutes of the Colony 9f New Vork, depo.iLe, No. 25. 918 oorY or A LSTTsa BnuiMlftrT' b«- mctn Naw Vof k tud( BROHiJOHN GOUJNS HOiTUB SUBVBVeRCiGMeBAL— OCTOBBR 1, ITTi. Lener from John Collinn to tbe Sur- »eynr General Oclolwr 1, 1773. BOUNDABT ON CONNECTICUT RfVER, October 1st, 1172. Dear Sir: I have the pleasure to auquaint you that the Division Line between your Province and that of Quebec, terminates two miles and five eighths of a mile upon a direct line above the mouth of Hulls Rrook, distance ninety mile and one fourth of a mile from the Boundary fixed on Lake Champlain. Time will not permit me to say more> but that I am, with great esteem, dear Sir, Your most faithful and most obedient humble servant, JOHN COLLINS. To AiEx. CouLDiNO, Esquire. State of New Yohk, Secretary's Office. I certify the preceding to be a true copy of an original letter on file in this office. In testimony wiiereof, I have hereunto aftixed the seal of this office, at [l.' s.] the City of Albany, the 30lh day of Septt ber, 1828. ARCHIUALD CAMPBELL, Deputy Secretary. By Nathaniel Pitcher, Lieutenant Governor of the State of New Fork, acting as Clui'crnor of the said State: It is hereby certified that the preceding copy is attested in due form, and by the pro- per officer. -i In testimony whereof, I have lu-reunto affixed ti-.e Great Seal of this State. [l. s.] \A'iiiiess my hand at the City of Albany, the 30th day of September,. 1828. NATHANIEL PITCHER. 00P7 or A ii piTim IROM TIIO-MAS VALENTINE TO ALKXANUER COLDEN— OCTOBER 22, 1772. vil ( ii Sir, Liiier from Tii». ^ '^''^ the carlicst opportunity of informing you that we reached the main Brancli fie'iuberw, iTft. of Connecticut River on the last day of September; tlie whole distance from where the survey began is ninety and a quarter miles. On the west bank of tiie river wc put up a squared Post and laid a quantity of stones about it, and had all the Trees and Bushes for some distance around it cleared away to render it more conspicuous; we returned by the river St. I-Vancois and arrived here on Sunday last. All |X)s»ible expedition shall be used to prepare a Map, copy our Field book, and settle (ho accounts. And 1 bojie to be ready to return before the severe weather sets in. The Abeuaku Savages are much displeased with the Course of the Line, wy their Hunting a 1, mu. UT RrVER, >er 1st, 1772. le between your r a mile upon a fourth of a mile ne to say niore^ le servant, COLLINS. •y's Office. in this office, if this office, at [PBELL, / Secretary. York, acting nd by the pro- w »1 of this State. of September,. 21:9 BaTk^TlT"'?''' \"' "f """''' down a Post th.t we erected on the E.,t Bank of the Lake Mamraab,gak, the offender, remain undiscovered or I would ha^e their, pum«hed andwiU use my ut.nost industry to find them out as it may h.ve bad consequences if suffered to pass unnoticed. 1 am, Sir, „ . „ Your most obedient humble servant Quebec,., Ocir.m.. ^.^^ VALENTINE Alex. GojLDEM, Esq. •^^'^-^ '^li.^iu. State of New- York, I certify the preceding to be a true copy of an original letter fnlLl thfoL In tesfmony whereof I have hereunto affixed the Seal of this office, aUhe [L. 8.] C.ty of Albany, the 30th day of September, 1 828. ARCH'D CAMPBELL, Dep. Secretary. By Nathaniel Pitcher, Lieutenant Go- ^rnor of the State of New-York, acting as Governor of the said State: vZ^eloltr. ''"'"'^' ''^' ''' ""^'^"'"^ ''''' '' ''''''^' ^" "- ^--^ -«! by the I" <-timony whereof, I have hereunto affixed the Great Seal of this State [r- s.] Wuness my hand, at the City of Albany, the 30,h day of September, 1828 NATHANIEL PITCHER. 'Appendix. Nil. 26. Boundary be- Iweeii New Y«|i and Quebac. LMlor rrnm Tbo man Vali-iiline. October «, 177*. BZTHaOT FROM THE COUNCIL JUNUTKS, DATED JUNE 26, 1773. PITCHER. t 22, 1772. > main Branch :c from where " tljc river wo the 'I'rccs and nspicuous; we All possible ind set lie the sets in. The Llicir Hunting; At a Council held at Port George in the City of New-York on Saturday the twenty- , sixth day of June 1773 ""tuiuay M»e iwenty- b„,„,^o„,^, ■^ Coan MBIIauiesuf Present, ^'^m"- """ His Excellency William Tryon Esquire Captain General &c Mr Watts Mr Smith Mr De Laneey Mr Wallace „. „ „ , , ^^^ C'"g" Mr White H.s Excellency laid before the uoard Lieutenant Governor Cramahe's I .u r the 5th instant with Lieutenant Hope's Certificate shewing that Mr vTe mine's , position will probably prevent the running of the Line betvveen ih s .n H P of Quebec on the Westerly side of Lake C.iamplain and ^ e^^r pi^'T^ Council as to the steps proper to prevent a Disappointment i„ this .er e ° ,1 unnecessary Expenee. And thereupon the Council a.lvised his Fx nl ! . the Surveyor General of Mr Valentino'. In^- ,™'^ *"' Kxrellcncy to certify provision L the supply M^Va i, e's nlT ,7" TT "'"^' "'""" '"""'^'''-''^ some able Deputy to ,' op,lJ^ V t ,f F,!' " '' ''T'' '""^"'■-- ^ ^y opinio., that h s Excellency wri .Mr Cr ^'^ y T^ ''''' '^'" '"""'"^^ °'" 9fl0 ,3ppendix. the Part of this Prorince or by any other perron to be appointed in Mr Collin's stead ^°' if his other Engagements prevent his assisting in the Work and the rather because it Boimdtiy b«- may be doubted if it is unfinished this year whether the Assembly of this Province .jfMii New York , , , . .._... ' ud QuakM. 80 expensive. iwMn N«w Tork ", , , , r \ r\ • • r "" can be persuaded to make any farther Provision for a service which has already been State of New York, Secretary's Office, I certify the preceding to be a true Extract from the Council Minutes of the Colony of New- York. In Testimony whereof I have hereunto affixed the Seal of this Office, at the [t. 8.] City of Albany, the 30tJ» day of September, 1828. ARCH'D CAMPBELL, Dep. Secretary. By Nathaniel Pitcher, Lieutenant Governor of the State of Neto- Fork, acting a* Governor of the said State: It is hereby certified that the preceding copy is attested in due form, and by the- proper officer. In testimony whereof, I have hereunto affixed the Great Seal of this State. [l. s.] Witness my liand, at the City of Albany, the 301h day of September, 1828. NATHANIEL PITCHER. DBPUTATIOV TO CLAUDE JOSEPH SAUTHIER,.A9 SUBVEYOB— JULY 2, 1773. DeputallootoC.J. Sauthler. JM July, 1773. m^ # Whereas by virtue of the power granted me in a commission under the Great Seal of the Province of New York bearing date the twenty-third day of January, 1772, I deputed Mr. Thomas Valentine, to act as Surveyor on th* part of the Pro- vince ol New York in conjunction with the Surveyor that was or should be appoint- ed on the part of the Province of Quebec for running, marking, ascertaining and dis- tinguishing the Division line between the said Provinces. His Excellency Governor Tryon on the 26th day of last month, laid before his Majesty's Council for the Pro- vince of New York a letter from Lieut. Governor Cramahe, and a c«nificate from Lieut. Hope, Surgeon of the 5*d regiment, shewing that the said Thomas Valentine's indisposition would probably prevent the running oi the line between this and the Province of Quebec on the westerly side of Lake Champlain. That Honorable Board to prevent a disappointment in this service and all unnecessary expence advise his Excellency to certify to me Mr. Valentine's indisposition that I might make im- mediate provision for the supply of Mr. Valentine's place either by my own attend- ance or by some able Deputy to be approved of by his Excellency. I have therefore with the approbation of his Excellency constituted and appointed, and by these pre- sents do constitute and appoint Mr. Claude Joseph Sauthier my deputy in the slcad aid in place of the said Thomas Valentine to act as Surveyor on the part of the Pro- vince of New York in conjunction with the Surveyor that is or shall be appointed on the part of the Province of Quebec to run, mark out, ascertain and distinguish the said division line on the westerly side of Lake Champlain pursuant to such instructions aa (•i t aticf C1i)i-Im>c. l>«."i'nllon In f'.J. ^» iihkr. July 2, 221 he my said Deputy Mr. Claude Joseph Sauthier shall receive from his Excellency Jippendix. Gov. 'Vyon, or from the Governor or Commander in Chief of tlie Province of New '*"• 26- York for the time being. Given under my hand and seal at New York this second no';;:;:;^, ^ day of July, 1773. iw<;en n.w vork ALEX: COLDEN, Surveyor General. State op New York, Secretary's Ojjice. I certify the precf ding to be a true copy of a certain original instrument in writing on file in this Office. In testimony whereof, I have hereunto affixed the Seal of this Office, at [l. s.] the City of Albany, the thirtieth day of September, 1828. ARCHIBALD CAMPBELL, Deputy Secretary. By Nathaniel Pitcher, Lietttmant Governor of the State of New Fork, acting as Governor of the said Sfute: It is hereby certified, that the preceding copy is authenticated in due form,and by the proper officer. In testimony whereof, I have hereunto affixed the Great Seal of this State, [L. 8.] at the City of Albany, the thirtieth day of-September, ISas. N.\THANIEL PITCHER. '. I I' 'M y ' !i XOCTBAOT FROM THE JOURNAL OF THE GENERAL ASSEMBLy-FEBRUARY 17, im. Extract from the Journal qfthe Votes and Proceedings of the General Assembly of the Colony qf New York. Die.Io»ii JO ho: A. M. ilie 17th Februwy, 1774. A Mess.,ge from his Excellency (he Governor, by Colonel Edmund Fanning, his e..,.c. r.n, ..o private hecrelary; Journal or uirtje- ' neral AsMinbly of Gentlemen .• Si nee my last message to you I have received a letter from M- Collins the """^ "^''"<'"^ Surveyor on the part of Quebec, for running the partition line between that Province and Ne.v York, with copies of the accounts of that service as settled by the Government of Qu.liec, whereby it appears that he has made a claim against this Province for only ten pounds eighteen shillings and six pence Halifax money. You will perceive how ever that Mr. Collins hascre.iited this Government with a larger sum by Mr Sauthier than what was actually advanced by him; consequently there must bean error in that article of Mr. Collins account. The overture made by Mr. Collins to comple;e the extension of the boundary line to Lake St. Francois as the surveyor for both Provin ces (or the sum of one hundred pounds sterling, is thought a reesonable proposition by the Government of Quebec, and I esteem it worthy of your consideration. Mr Cof- I.ns being m my opinion a gentleman in the integrity of whose conduct in the faithful performance of that servie,. an entire confidence may be placed. The accomplishment of It would effectually prevent all further trouble or controver.sy about the boundary between the two governments. ' New Yobk, Xlth February, 1774. ^*^" '^^'^^'N- 6ti» :i 'I ^5 I i1 1 > 1 |H 1 If-. 1 "ll & m k- ih 889 tippendijc No. 26. State of New York, I le ^u J. , Secretary's Office. ^•^K^ ' ?u ^ ^« preceding to be a true extract from the Journal aforesaid, denoaited in. • c*ucti«c. this onice. ' In teatiniony whereof I have hereunto affixed the seaJ of this office, at the [L. s.J tity of Albany, the 30th day of September, 1828, ARCHIBALD CAMPBELL, Deputy Secretary. By Nathaniel Pitcher, Lieutenant Governor of the State ij/T Nm York acting as Governor of the said State: It is hereby certified that the prectdi.-, .o.y ia ,♦♦..-»-: *n.dueform,and by the pro- per officer. In testimony whereof, I have, -^ affixed the »^al of this office. Wit- [L. s.] ness my hand, at the city o. .xioany, th^ 30,h Jay of Septen.ber, 1828. NATHANIEL PITCHER. BXTBAOT: FROM AN ACT OP MARCH 1», 1774, »*« Jlct/or the payment of the Salaries of the several Officers of this Colony and other purposes therein, mentioned. o?u."ciT8;m5! ^ '' ^"''<=*«'' ^y *"'» ExceHency thte Govfirnor the Councl) and the General As.sem- bly and it is hereby enacted by the Authority of the same That the Trdasurer of this Colony shall and hereby i» directed and required to pay. Unto his Excellency William Tryon Esquire or the Commander in Chief for the time being for firewood and candles for his Majesty's Fort George in the City of New York from the first day of Septembrr one thousand seven hundred and seventy three to the first day of September one thousand seven hundred and seventy four after the rate of four hundred pounds per annum^ Unto his said Excellency for purchasing Gunpowder for the use of Fort George and the Battery in the Ciiy of New York the sum of o hundred pounds. Unto his said Excellency for monies paid by him , the surveyors which have been employed on the part of this Colony to run out and mark the pa.tition Line between this Colony and the Colony of Quebec as per account Uie sura of three hundred and thirty one pounds three shillings and nine pence. Unto. Mary Valentine relict and executrix of Thomas Valentine Surveyor deceased in full for his services and expenses in running in part the partition line Ijctween this Colony and the Colony of Quebec the sum of three hundred pounds. Unto Claude J. Sauthicr Surveyor for the balance of his account of days wages and expenses in runningand marking part of the line of partition between this Colony and the Colony of Quebec the sum of seventy seven pounds seven shHIings. Unto .(oliii Collins of Quebec Surveyor a balance due to him as per his account of expenses accrued in running the Quebec line the sum of seven pounds thirteen shillings and six pence. City of New York the I7lh day of March 1774 in tha fourteenth year of his Majes- ly's reign. Genrr.-il Assnnibly for the Colony of New York, This Bill having been react three times Resolved that the Bill do pass. By order of the General Assembly. JOHN CHUGER, Speaker. nit EW YoBK, try's Office. (i, depoBilecl in I ofiBce, at the IPDELL, ' Secretary. York_ acting nd by the pro- loffice. Wit- ember, 1828. PITCHER. f Colony and ineral Assem- asurer of this Chief for the City of New teventy three four after the 3f3 Assembly Chamber City of New York Die Jovis the 17th March 17r4-This Bill Jlr,«.« r be.ng pas«,d ordered that Col Seaman and Mr Boerum do carry the Bill tM Jc un '-''t' and desire their Concurrence therein. By Order of the General Assembly. EDM'D. SEAMAN, Clerk. Council Chamber City of New York 17th March 1774. This Bill was then md the first time and ordered a second reading. March 17.th P. M. Read the second time and committed. March 18th Reported without amendment and Read the third time and GEO: BANYAR, D. CI. Con. Rniindary bi.- Iwnpn Nbw York Olid UuebK. Em Ml or»n Act or Much 19, 1774. City of New York 19th day of March 1774. and order it to be Enrolkd. I assent to this Bill enacting the same WM. TRYON. State op N.»!w Yohk, r .T »u ,. . Secretary's Office. T certify the preceding to be true Extracts from an original Law on file in this Office In test.mor.y whereof, I have hereunto affixed the Seal of this Office at the [L. s.] City of Albany, the 30th day of September, 1828. ARCHIBALD CAMPBELL, Deputy Secretary. By Nathaniel Pitcher, Lieutenant Governor of the State qf New York, acHng as Governor of the said Slippendix. At a Council held at Fort George in the City of New York^on Wednesday the 21it No^. dgy of Auguat, 1771, Present, His Excellency William Try on, Esquire, Captain General, &c. »i«A»i»«,i77i. Mr. Walts, Mr. Cruger, Mr. De Lancey, Mr. Wallace, Mr. Morris, Mr. White, Mr. Smith, Mr. Axtell. His Excellency communicated to the Council the letter to the Commander in Chief of Quebec, in which he intended to inclose printed copies of the proclamation issued pursu- ant to their advice on the 14th instant relative to the grants of Land made by the French on Lake Champlaisi, desiring he would be pleased to order the said proclama- tion to be dispersed and made known in his Governisient, and give him such informs- tion whereby His Excellency may be enabled to judge of the validity of such grants: which letter was read and approved of A letter of the 30th July last wa« read frem Adolphus Bauzell, Esquire, acquaint- ing His Excellency that himself and Mr. Collins, Peputy Surveyor General of Que- bee, had appointed the 10th or 18th of this month to begin running the line of parti- tion between the two Provinces. Ordered, That the Clerk of this Board acknowledge the receipt of the above letter; and acquaint Mr. Bauzell by letter that his Excellency recommends the marking and distinguishing the Line so as that it may be easily discovered and traced on future oc- casions: and that he accompany his return to His Excellency with a copy of bis field book, enriched with such remarks as he shall think worthy of observation. *M In. 177!. January 82, 1778. Mis Excellency William Tryon, Esquire, Captain General, &c. && Mr. Horsmanden, Mr Smith, Mr. Watts, Mr. Cniger, Mr. De Lancey, Mr. Wallace, Mr. Apthorp, Mr. White, Mr. Morris, Mr. Axtell. His Excellency laid before the Board the draft of a commission authorizing Alexan- der Colden, Esquire, Surveyor General of this Province, by himself or his sufficient Hi ■f| ^^B fflyt ^I^R Hi# ^^^^^HH B|| 227 Deputy, in conjunction with the Surveyor General tlreidy or which thall hereafter be Appendix. appointed on the part of the Colony of Quebec, to run, mark, aacerUin, and diatin- *'»_3r. guinh the partition line between the aaid two Province*, aa far aa each reapective Pro- iim.cu ,nm uw viiice extenda. And the draft being read, and a clauae added thereto, enjoining the orN« Ynlt""'" Surveyor Gener&I or hia Deputy to observe and perform such inslructiona aa ahail be W"" J""^. in«. given by the Governor or Commander in Chief for the time being. The aamo waa approved of, and Ordered that the same pasa the Great Seal accord- ingly. At a Council held at Johnson's Hall, in the county of Tryon, on Wednesday the tweoty-uinth day of July, 1772, itiiiJuir.irM. Present, His Excellency William Tryon, Captain General, &c. &c. The Honorable Sir William Johnson, Baronet, Mr. DeLancey, Mr. White. His Excellency next laid before the Board a letter he had received from Thomas Valentine, dated the River Le Cole, llth-July, 1772, in the following words: May it pleaae your Excellency: We set out from Quebec the 20th of June, took the stores we wanted from Three Rivers, called at St. Francois in our way with intent to send part of our provisions up that River, but received information that we could aa easily transport them up Mis- siakoi river, which we rather chose, as it is not safe to intrust them in the hands of savages. We depart hence immediately and hope to be able to complete in two months if no accident happens: And if your Excellency proposes to have the Line continued to the river Saint Lawrence, it can be done this fall at a much less expense than if post- poned to another season. I expect your instructions by the time we return. And am your Excellency's Most obedient humble servant, THOS. VALENTINE. And desired the opinion of the Council whether they thought it advisable to give instructions to the said Valentine, in conjunction with the Surveyor from Quebec, after having run the line eastward to Connecticut river, to return to Point Moore, the place of beginning, and extend the division Line between the two Governments until K should intersect the river Saint Lawrence in the forty-fifth degree of Northern Lati- tude; His Excellency at th'""• » ^^^"-'•y ".. ^;^'«*.. Hii K Mr VVutl Mr. Do Lanrey, Mr. Smith, Pretent, xcellency Willi.m Tryon, Enquire, Captain General, Mr, White, Mr. -Cruger. &c. N... i7. Rilrartilriimllw t.(Htnrll Minum or New Vork. H.. Excullency l«ul bclore the noard a .Journal of the proceeding, of John Collin. E.,u.re, Surveyoron the partoftho Province ofQ-.ebee. and Claude Joseph Somier E. jre. Surveyor „,,,„in,..l on the part of thi. Province, for running theTi et .Zi tlie (.overnmont of N.w Vork and Quel.ee wo.twar.l from Lake rh«I I T La.hude of forty-livo North to the Hiver Si. Uw" ce with a ch.rt o ' ' r T my n>ile. weat of Lake Champlain. whl th^ foZIThemI' t I't TZ^ ..on., and the mean, they made „«. of to obtain fre.h .upplie, di^ppo^t^ SZ he .. of opution the di.Unce left un.urveyed, doe. not exceed ten mZ 8tatb or Nbw York, coLri^N'" TT' '^'^ *"'" "*""" ^""" ''' ^-'" °^ ^rci^n o?s:;t. Colony of New York, rem«ining in this office. J. V. N. YATES, Secretary. S8« II -t 1^ 1 APPENDIX, No. XXVIII. COPY .OF A PATENT EDMUND FANNING AND OTHERS, DATED FEBRUARY 16, 1775. No. 28. George the Third by the Grace of God of Great Britain France and Ireland King Defender of the Faith and so forth To all to whom these Presents siiali cume Greet- -Grant to Edmund ing Whereas our lovinz subject David Mathews in Behalf of himself and nineteen Fanning and oih- o o J ■era. ■fy, 1775. t'ebiui- other Persons his Associates whose names were mentioned in the Schedule to their Petition subjoined to wit Johnston Fairholme, Peter Middleton, John Grumly, John Reid, Samuel Stephens, William Bruce, Robert Rogers, Andrew Elliot, James Duano, William Bayard, Edmund Fanning, Benjamin J. Johnson, John Honges, Moses Marden, Joshua Littlewood, Malcolm Mcl.saac, Christoplier blundell, Isaac Wil- let Junior and James Rivington by his humble Petition presented unto our trusty and well beloved William Tryon Esquire our Captain General and Governor in Chief of our Province of New York and Read in our Council for our saiU Province on the nine- teenth Day oi May which was in the year of our Loril one thousand seven hundred and seventy two did set forth That the Petitioner haci discovered a certain Tract of Land which was vacant and vested in us situate lying and being on the i^lorthwesterly side of Connecticut River in the County of Gloucester Beginning on the northwesterly Bank of the said River at the northeasterly Corner of the most Nonhernmost Tract of Land pretended to be granted by our Government of New Hampshire Westwanl of the said River Connecticut commonly called and known by the name of Liming- ton and extending up the said River on a strcight Line about three or four hundred chains ; Thence into the Woods Westerly or Northwesterly almut six hundred and forty chains, Thence Southerly and Easterly so far as would include I wenty thousand Acres of Land and the usual allowance for Mighway.s, And that the said Tract of Land had never been granted by our Province of New Hampshire or Located by any prior Petition and therefore the Petitioner in behalf of hinisctl' and his Associates did humbly pray that our said Captain General and Governor in Chief would be favourably pleased to grant unto the Petitioner and his As.sociates the Tract of Land afore described and that the same might be erected into a Townsliip by the name of Thirming and vested with the usual Privileges granted to other Tosvnshipin within our said Province Which Petition having been then referred to a Committee of our Council for our said Province our said Council did afterwards on the Fifteenth day of June then following in Pursuance of the Report of the said Committee humbly advise and consent that our said Captain General and Governor in Ciiief should by our Letters Patent grant to the said Petitioner and his Associates and their Heirs the Lands prayed for and described in the said Petition so as not to interfere with any prior Location or Petition or' any Grant under our Government of New Hampshire And Whereas the said Edmund Fanning and Moses Marden two of the Associates named in the afore recited Petition of the said Dav;^ itr .u ... Petition presented unto our trusty and we bebved r , ^^?'7 ?^ *''''' '^"'"'''^ '^PP'"'^'^- Lieutenant Governor and Con.mLde Tn Chief If ^''^''''''^' ^'"''«" Esquire our N" ^8. and the Territones depending tZt in a1 il ""^ "". '^"'""" "' ^^^ ^ork „..—„„. sai.l Province on the Eighth D y of hi, Z m Z . Z "'"' ^"""'=" '^^ '-"'--^^■ That upon a former AppiiLion th'e Pemi n To Sl^Ort tf"^ ''"• f" '°^"" "' "^ for granting to them Twenty thousand acres of vaca Land wl '"^°"''^'"' Pencil for which the Petitioners had procured a SurvelT . r . u *'"'" """■ '^'•°^'"'=« «.ns who were the Petitioners Lmerll^ e' "iTdl ^^ oT^' "' f "^^^ the said Province to wit Beniamin F t„hn, ^^^''f*"- ''ead or removed out of Ma.com Mclsaac, and JohnTumly A rdid ttref '^'" T'' '^""^^°°"' instead ofthenamesofthe Persons who ar.. """" '"""'''^ P'^-''^ '»»* Avery. John Peter, James clairWirx^^^^ names of Samuel " inserted in our Letters Patent for the L, T I ""■ ^'""""' ^^y''' ""K^* be aforesaid Which Peti.^o avi 1 ^t .-Td t IT '" ^ ""T' """ ^"^^^^^^ " thereof our Council for our said^ProTiLe d ,0^1, "" ^onsideratu^n Governor and Commander in Chief that he nil f f^ Tc""'" ""''' ^'■'=""^"^"' Peters, James Cobham. Wil.i.!^. Ke'; e 1 d slld Bo tT"' ^"^^' •''"^" Letters Patent for the said Tract of LarfnhRf^""^ '"'""'^'* '" °"' Persons who are so dead or r::::L:::^j:^^-XTt:'^Zr'':^ '^! and in obedience to our Royal Instructions our Pn,! ^"""ance whereof setting out a.. Lands to be graLd with to sa^ Pr irZlUTt'r h" ''' Edmund Fanning and Mo.s Marden and their As.; at. J .^'oa i rwl^L"'' Johnston Fa.rholme, Peter Middleton, John Reid, Samuel Stephen wl Lm R ' Robert Rodgers, Andrew Elliot, Jame» Duane, Wilham Bayar Ch-^ o H T' dell, Isaac VVillet Junior, James Riving.on, Samuel Aviv Th p ^ ' ®'""- ham, William Kennedy and Samuel lyi: 1^ ::::i:J:^ ^^^^l^ Land suuate lyu.g and beu.g on tUe u,est si,e of ConnecUcut River i„ the Coun'v of Gloucester Beginning at a certain Place on the West Bank of th,. .,• i » ^ to be the North-east Corner of a Tract of Land gran ed bv ou h e f^ «"'--P"»^d Province of New Hampsh.re and called LemingL^rL^lfpTcet^l^^^^^^^^^^^^ n.ne chains on a straight line below a certain Cedar Post set vv on ZT!,li of the said River in the Year one thousand seven hull J , ""* John Collins and Thomas Valentine uTZ Ze ^Zethel ""'''^.'""' '^ fron. the Point of Porty-five Degrees of ^r!:!:^ I^Z^ln'^^chll^Z mtersects the said River and this Tract runs from the mid nine. "^^y"y^""' along the said River as it .inds and tu^.. to the ^t ^^'SZl "" along the said Line run by John Collins and Tho,nas A^/.^^No; E I'" one Degrees West ...en hundred and nine Chains; thence Cthnl n^ ^' West Four hundred and Thirty-three Chains, and then. SoU, Ei J .I IZTl East Four hundred and lorty Chains to the Place where this Trtt'/rst gan ToT tauung r,venty thousand ^cres of Land and the usual allowance for Cwav; And .n se ing out the „id Tract or Parcel of Land our said Commissioners h!ve h^ regard tot eprohtable and unprofitable ac.s and have taken care that .heleng hereof do 1. not extend along the Hanks of any River otherwise than is conformable to ou sau Royal Instructions As by a Certificate thereof under their Hands I cli " date the riurteenlh Day of this Instant Month of February and entered o.renH^ our Secretary's Onice for our said Province of New Yor'k n.^::!:^ Z^^^r Which said 1 ract o, Land set out a. aforesaid accon.ing to our said Royal InstruSrs We being w.lhng ,o grant to the sai.l Edmund Fanning and Moses Mardin and hd Associates their Heirs and Assigns foi.ver with the several Privileges and Po we hereinafter mentioned Know Ye. That of our especial Grace certain K.iowIeJgeri 233 ^Jppendix. Grout to Edmund Funiiiiijl nnil olli- er«.— Iftiii Februa- ry, n7J. ■! 1 A I meer motion We have given granted ratified and confirmed And do by these Presents for Us our Heirs and Successes give grant ratify and coulirm unto them the said Edmund Fanning, Moses Mardcn, David Mathews, Johnston Fairhoime, Peter Mid- dleton, John Reid, Samuel Stevens, William Bruce, Robert Rogers, Andrew Elliot, James Duane, William Bayard, Christopher Blundell, Isaac WiUet Junior, James Rivington, Samuel Avery, John Peters, James Cobham, William Kennedy and Samuel Boyer their Heirs and Assigns forever All that the Tract or Parcel of Land aforesaid set out abutted bounded and described in manner and Form as above mentioned, Together with all and singular the Tenements, Hereditaments, Emolu- ments and Appurtenances thereunto belonging or appertaining And also all our Estate, Right, Title, Interest, Possession, Claim and Demand whatsoever of in and to the same Lands and Premises and every part and Parcel thereof and the Rever- < sion and Reversions, Remainder and Remainders, Rents, Issues and Profits thereof and of every Part and Parcel thereof Except and always reserved of this our present Grant unto Us, oi Heirs and Successor? forever all Mines of Gold and Silver And also all White or other Sorts of Pine Tree? fit for Masts of the Growth of Twenty- four Inches Diameter and upwards of Twelve Inches from the Earth for Masts for the Royal Navy of Us, our Heirs and Successors To have and to hold one full and equal Twentieth Part (the whole into Twenty equal parts to be divided) of the said Tract or Parcel of Land, Tenements, Hereditaments and Premises by these Presents granted ratified and confirmed and every Part and Parcel thereof with their and every of their appurtenances (except as is herein before excepted) unto each of them our Grantees above mentioned their Heirs and Assigns respectively, To their only proper and separate Use and Behoof respectively for ever as Tenants in Com- moa and not as Joint Tenants To be holden of us our Heirs and Successors in free and common socage as of our Manor of East Greenwich in our County of Kent within our Kingdom of Great Britain Yielding rendering and paying theretoro Yearly and every Year for ever unto Us, our Heirs and successors at our Custom House in our City of New York unto our or their Collector or Receiver General there for the Time being on the Feast of the Annunciation of the Blessed Virgin Mary commonly called Lady Day the Yearly Rent of Two Shillings and Six Pence Sterling for each and every Hundred Acres of the above granted Lands and so in proportion for any lesser Quantity thereof saving and except for such Part of the said Lands allowed for Highways as above mentioned in Lieu and Stead of all other Rents, Services, Dues, Duties, and Demands whatsoever for the hereby granted Lands and Premises or any Part thereof And We do of our especial Grace certain Knowledge and meer Motion create, erect and constitute the Tract or Parcel of Land herein granted and every Part and Parcel thereof a Township for ever hereafter to be continue and remain and by the name of Thirming for ever here- after to be called and known And for the better and more easily carrying on and managing the Public Afl'airs and Business of the said Township Our Rcyal Will and Pleasure is And We do hereby for Us, our Heirs and Successors give and grant to the InhabitanU of the said Township all the Powers, Authorities, Privileges and Advantages heretofore given and granted to or legally enjoyed by all any or either our other Townships within our said Province of New York And We also Ordain and Establish That there shall be forever hereafter in the said Township Two Assessors, one Treasurer, Two Overseers of the Highways, Two Overseers of the Poor, one Collector and Four Constables elected and chosen out of the Inhabitants of the said Township Yearly and every Year on the third Tuesday in May at the most Public Place in the said Township by the Majority of the Freeholders thereof then and there met and assembled for that Purpose Hereby declaring, That wheresoever the first Election In the said Township shall be held the future Elections shall for 233 ever thereafter be held in the «me Place as near as may be, and giving and granting ^ppendia: o .he sa.d Officers «o chosen Power and Authority to exercise their sL several Z ^"^' respective offices during one whole Year from such Election and until oih^r. Z like othcers have or legnlly may use or Exercise their Officers in our said Province "' ""'• 01 ISew York And m case any or either of the said Officers of the said Townshin ServiceitirL'"""" /"■'"" 'J"" ""' ''"""'"^'P ^^'■"'•^ '^' I''-'' «f 'heir Annui Service shall be expired or refuse to Act in the offices for which they shall respec- Uvely be chosen, Then our Royal Will and Pleasure further is And We do hereby ^Z H !; "". Tt" '''" ''^^«'>°'''«'-« "fthe said Township to meet at the o^hero ir '"«,^""-' flection shall be held for the said Township and choose o her or others of the said Inhabi.an.s of the said Township in the Plaie and Stead of him or them so dying, remo-ing or refusing to Act within Forty Days next after such contingency And to prevent any undue Election in this Case We do hereby Ordain and Require That upon every Vacancy in the Office of Asses«,r8, the Treasurer, and in either of the other Offices the Assessors of the said TownsZ ha. w. hin Ten Days next after any such Vacancy first happens appoint the Day for h Election and give public Notice thereof in Writing under his or their Hands by IZulM W ;".'"'".' '''■"" ^'^ Day appointed for such Election And m Default thereof We do hereby require the Officer or Officers of the said Town- sh.porthe Suruivor of them «ho in the Order they are herein before mentioned sha 1 next succeed h.m or them so making Default within Ten Days next after such Default to appoint the Day for such Election and give public Notice thereof as afore- said ; Hereby giving and granting that such person or Persons as shall be so chosen by the Majority of such of the Freeholders of the said Township as shall meet in manner hereby directed shall have hold exercise and enjoy the Office or Offices to • which he or they shall be ,o elected and chosen from the Time of such Election until the third Tuesday in May then next following and until other or others be chosen. n his or their Place and Stead as fully as the Person or Persons in whose 1 lace he or they shall be chosen might or could have done by Virtue of these Presents. And We do hereby Will and Direct, That this method shall for ever hereafter be used for the filling up all Vacancies that shall happen in any or cither of the said Offices between the Annual Elections above directed. Provided always and upon Condition nevertheless That if our said Grantees their Heirs or Assigns or some or one of them shall not within three Years next after the date of this our Present Grant settle on the said Tract of Land hereby granted so many Famihcd as shall amount to one Family for every thousand acres of the same Tract ; Or if they our said Grantees or one of them their or one of their Heirs or Assigns shall not also within three Years to be computed as aforesaid plant and eflTectually cultivate at the least three Acres for every Fifty Acres of such of the hereby granted Land.s as are capable of Cultivation ; Or if they our said Grantees or any of them their or any of their Heirs or Assigns or any other person or persons by their or any of their privily consent or procurement shall fell cut down or otherwise de- stroy any of the pine trees by these presents reserved to us our heirs and suc- cessors or hereby intended so to be without the Royal Licence of us our heirs or successors for so doing first had and obtained that then and in any of these cases tins our present Grant and every thing therein contained shall cease and be abso- lutcly void and the lands and premises hereby granted sliall revert to and vest in us our heirs and successors as if this our present grant had not been made any thing herein before contained to the contrary in any wise notwithstanding. Pro- vided further and upon condition also nevertheless and we do hereby for us our 59" m ! y- Ini) B Sd4 ^j!»rfi*. heirs and successors .lirect atid .ppoinf that this our preisent g*-an1 Ohall lie regis- 2_^- tered and entered on record within Six Mont^., from the date thereof in our Xnn'.J.^d^r ^"'■"^'y''' ^*''° '" ""^ ^"y °f ^*'^ ^•"■J' '" "• "id Province of New York «..-^fomru.-in one of the books of patents there remaining and that a docquet thereof shall be also Entered in our Auditor's Office in and for our said Province of New York and that in default thereof this Our present Grant shall be void and of none eflect «ny thing before in these presents contained to the contrary thereof in any Wise notwilhsUnding And We do moreover of our Especial grace certain knowledge »nd meer motion consent ftnd agree that this our present grant being registered ftcorded and a Docquet thereof made as before directed and appointed shall be good and eflfeetual in the law to all intents constructions and purpose* whatsoever against us our heirs and successors notwithstanding any misreciting misbounding misnaming or other imperfection or omission of in or in any Wise concerning the above granted w hereby mentioned or intended to b« granted lands tenements hereditaments and premise, or aftiy part thereof. In Testimony whereof We havri caused these our Letters to be made paftent and the Great Seal of our said Province of NeW York td be hereunto affixed. Witness our said trusty and well beloved Gadwallader CoMeii Esquire our Mid Lieutenant Governor and Commander in Chief Of our said Province of New York and the territories depending thereon in America at our fort In our City of New York the sixteenth day of February in the year of our Lwd 6ne thotistfmi seven hundred md seventy-five and of our r6ig« the fifteenth. ClAREB^ State of New-Yoxk> Secretary's Officet I certify the preceding to be a true copy of Certain Letters patent ji of record in this office, in Book of Piitents, No. 16, page 526, &c. In testimony whereof, I have hereunto affixed the Seal of this Office, at the [I.. 8.] City of Albany, the 30th day of September, 1888. ARCH'D CAMPBELL, Dep. Secretary. Sy Nathaniel Pitcher, Lieutenant Omernarofthe State of New York, acting as Oovemor ,>/ the said State: It is hereby certified that the precflding copy is attested in due form, and by the proper officer. In testimony whereof, I have hereunto affixed the Great Seal of this State. Cl. ».] Witnessmy hand, at theCity of Albany, the 30th day of September, 1888. NATHANIEL PITCHER. If m APPENDIX, No. XXIX, GRAFTS or LA]jri> IT THE STATE OP NEW YORK, vizf bhitt hj tetters l«atent of thi SUte of Sew tork tn i n-.„i ^ .v 0*^-n.6yLet,e«|.«entof.heSU.eofNeJv^^lV?u"^^^^^^ i^ttt. 6«Mby Letter, P«ert of ,hc State of nIw Yo k' ! r l .^ "'h J.n«rfjr,..., ,75^ C.Hmc.t.,e..tivc.o««„uofia„dlXc.!^^ lT»fl, 00»T Ol' LEtteUs PAtfiNT t« JAM6S DEANii A«D 6triM8. ifhi. f!' thE People 0/ the State of New York fiy the Grace of f^«J fr J # » LiCVi smith, Ichabod Tubbs, Horace Slipnhpr,! P.« u "reaves, ments lor the defence of this State on Bounl? "' """"« '''° ^^S'" the 80th 1781. and An Act en tLl a!T ""^roprtated Lands passed March of this in the Service of th U i St tct /^th '7' J""'" '° ""'''^''' ""= '^'^-'^ Bountiesof unappropriated Land and t, he furth^ 7^ '' •■""' "" State passed March the 23d 1782 !nt ''^'"'' "'^ ^''^ ^'■°"'''-'" "^ t'"« the safd Acts an Cr •flat odl i^tZT"" "' ".'^°"'°" """'^ '^^^^^-^'^ '° .0 a tract of Land on the West s5e of A^ cT" 'i"""^/ -'^enticated are entitled >d It' I ''J. m fa.,. **'.' u f! fi i; 236 t^ppendix. Champlain on the Side parallel of forty five degrees North Latitude and running ^°" '^ - from the said place of Beginning South eight degroes West three hundred and forty ormnu by ih« chains and sixty links into the waters of the Great Uiver Chazy to a point bearing — ' South fourteen degrees West Sixty one links from a black Ash tree standing on the •"dothert, 1785.° east b?nk of said river marked 340 chains 60 links 17lh March 1785 thence North eighty two degrees West three hundred and forty chains and Sixty links to a black ash SUke in a Cedar Swamp marked 340. GO. 20th March 1785 thence North eight degrees east three hundred and forty chains and sixty links to a bass-wood tree standing on the said parallel of forty five degrees North Latitude thirty five chains from the north bank of the said River Chazy marked 340. 60. 21 March 1785 and thence South eighty two degrees east along said parallel three hundred and forty chains and Sixty links to the place of Beginning Containing eleven thousand six hundred acres And I do further Certify that the said Tract of Land is laid out in a square that the same is not to the best of my belief and information granted to or located by any person prior to the Location above mentioned by virtue of any of the before recited Acts that it was not occupied or improved by any person on or be- fore the 25lh day of July in the year one thousand seven hundred and eighty two and that it is no part of the land reserved to the use of the People of this State Simeon De Witt Surveyor Genl. as by the said Certificate directed to his Excellency Governor Clinton and the Honorable the Commissioners of the Land Office and filed in our Se- cretary's Office reference being thereunto had will appear. And whereas a Caveat has been entered by Udny Hay before our Commissioners of our Land Office in behalf of the Canadian and Nova Scotia Refugees against granting the said lands in the above recited Certificate described to the .said Mark Greaves and the other persons therein named and the day appointed foi hearing the Parlies on the said Caveat having elapsed with the said Udny Hay or any other person appearing to support the said Caveat and our said Commissioners of our said Land O.lice having thereupon determined that the said Mark Greaves and the other persons in the said above recited Certificate named are entitled to a grant of the land therein described. Now therefore Know Ye that we have given, granted and confirmed and by these presents do give grant and confirm unto the said Mark Greaves, Levi Smith, Ichabod Tubbs, Horace Shepherd, George Houseman, David Doolittle, George Inglis, Peter Welsh, David Perry, Eli- phalet Keliog. Jesse Pardy, James Oegolier, Gotiep Peter, Christian Fulmer, EInathan Rogers, Oliver Deake, Mason Deake, Samuel Ashman Robert Ayres, Asa Hamlin, Abraham Knap Daniel Bedwell, Levi Stoughion, Pliny Moor and James Dean their Heirs and Assigns all and Singular the aforesaid Tract of Land in the said Certificate of our said Surveyor General inenlioned and described as is herein before particularly recited and Bet forth with all the appurtenances and priviledgesio the same belonging or in any wise appertaining (Excepting and reserving to ourselves all Gold and Silver mines and Salt mines and Salt Springs within the Same. To Have and to hold the above granted premises as a good and indefeasible Estate in fee simple forever On Condition nevertheless that the said Mark Greaves Levi Smith Ichabod Tubbs Horace Shepherd, George Houseman, David Doolittle, George Inglis, Peter Welsh, David Perry, Eliphalet Keliog, Jesse Pardy, James Degolier, Gotiep Peter, Christian Ful- mer EInathan Rogers, Oliver Deake, Mason Deake, Samuel Ashman Robert Ayres, Asa Hamlin, Abraham Knap, Daniel liedivell, Levi Stoughton, Pliny Moor and James Dean their Heirs or Assigns do settle or cause to be settled as many settlers on the said Land in three years from the date of these presents as there are six hundred acres ivithin the same. In Testimony whereof we have made these our Letters Pa- lent and caused the Great Seal of our State to be affixed. Witness our Trusty and Well-beloved George Clinton Esquire Governor of our said Stat.-. Done at our City of New York the fifth day of November in the Year of our Lord one thousand seven ^undred and eighty five and in the tenth year of our Independence. GEO: CLINTON. Ike ark. To Janits Pr.iDC and oitaen, 1T8S. 237 The preceding wa, recorded at the request of the within named Pliny Moor; and ^ppmdis between tho eleventh and twelfth linea of this Patent.,i„ pag. 140, the worda and ^'^ Mures, and between the aecond and third linea of this page the worda Sail minesand, cTTT, being respectively interlined, the same agreea with the original-Examined and com-^"" If • ^ pared therewith by mo '-- '- - HOBT. HARPUR, Deputy Secretary.. 8tat« of New Yobk, Secrilary's Office. I certify the preceding to be a true Copy of certain Letters patent as of record in this office, in Book of Patents No 17, page 140, &c. In Testimony whereof I have hereunto affixed the Seal of this Office, at [L. 9.] the City of Albany, the 28th day of September, 1828. ARCH'D. CAMPBELL, Deputy Secretary. By Nathaniel Pitcher, Lieutenant Governor of the State of New York, acting as Governor of the said State: It is hereby certified that the preceding copy is attested in due form, and by the nro- per officer. In Testimony whereof I have hereunto affixed the Great Seal of this [l. 8. J State. Witness my hand, at the City of Albany, the 30lh day of Sep- tember, 1828. NATHANIEL PITCHER. OOPT OF LETTERS PATENT TO F. TURCOT, DATED JANUARY 18, 1790. The Pfeople of the State of New York, by the Grace of Gonlll»i« Klailr* to (rania of Innd ■hiiiii lli« I'uiailli Une. 040 ttSTll'XOJLTB AKLATIVE TO GRANTS OP LAND ALONG THE CANADA LINE. Statu or New Yoa«, Secretary's Ojffif.. I Certify that it appears by the records in this office that all the Lands from Lake Champlain to the Biter St. Lawrence adjacent ta the Northern Boundary qf the Stale, along the fo-'tyfiflh parallel qf North Latitude, viz: the boundary be- tween the provinces of Aew York and Quebec, as the Mme was actually, surveyed and established b^o-e the year one thousand seven hundred and teventy'-Jive, by or- der qfthe two provinces and in conformity with the agreement between them, con- firmed and ratijied by the King's Order in Council of the twelfth day of August, in the year one thousand sev«n hundred and sixty-eight, have been granted by the State, w.th the e:vceptioa only of a Seservation/or the St. Begis Indians, extending about four m.les Last from the river St. Lawrence along the said Northern Boundary, and of another tract extending Ninery chains along the said Uoundary line, wh.ch tract .s not yet finally granted, but is, in pursuance of a law of this State, appropriated to make up certain deficiencies in other adjacent grants. In testimony whereof, I have hereunto affixed the seal of this office, at the City of Albany, the thirtiefh day of September, in the year one thousand eight hundred and twenty-eight. ARCH'D CAMPBELIh, Ifep, Secretary, By Nathaniel Pitcher, Lieutenant Governor of the State of New York, acting at Governor of the said State: It is hereby certified that Archibald Campbell, whose name is subscribed to the pre- ceding certificate is Deputy Secretary of this State, duly commissioned and sworn, and that full faith and credit may and ought la be given to his official acts. In Testimony whereof I have hereunto affixed the Great Seal ofthit [X.. s.] State. Witness my hand, at the City of Albany, the 30th day of September, 1828. NATHANIEL PITCHER [1,.8.] APPENDIX, No. XXX. - ♦ — CERTIFICATES fBOK TBI f If™ ! "^'"1 SECRETARY OF STATE OP VERMONT, ■lUTIT* TO Til BOUNDARIES OF THE TOWNS OP DKHBY AND AI Blipru A«n «- or SA.D STAT. .:.AT.VK TO ou^r.Z\l'^r:^,^?,7cir.r.^r OF THE TOWN OF DEHBV ,N THE STATE OF VERMONT. AS FIXED BV A CHARTFR DATED 29TH OCTOBER, 1779. [L. S.] State or Vibmont, '^°- ^^^ Secretary qf Slate's Office, Oct. 89, 1828 f«"'«^froa, 111..., ' " ine Secretary of I hereby cert.fy, that on the twenty-ninth day of October, in the year ^f'"'"'"^""""- our Lord one thousand seven hundred and .eventy-nine, the Charter of --""^'^>'" the town of Derby wa, granted by the Legislature of the State of Ver- of said 1 own of Derby, are described in said Charter ». f«iio.„ • NORMAN WILLL4MS, 5,, "Secretary 0/ State. li )i II' t I i Appendix, No JO. C»ntlte«iM rmm Um H«rf«iiiry nt' •iftUi of VrrmiMtl. Suundarlf* of ih* lown of I>f rby. [L. ..] 343 State qf Vermont, I, Samuel C. CraflR, Oorernor in and over vaici Stale, hereby certify, that Norman Williami, whoao name is aubncribed to tlio foregoing Cer- tificate, in Secretary of State for aaid State of Vermont, and that full faith and credit are to be given to hin atteatations as nuch. And I fur- ther certify, ttiM the Signaturt of tJi* Mid Norman Williams to said Certificate, is his own proper hand writing. in testimony whereof, I haTe caused the Seal of aaid State to be hereunto affixed. Dated at Montpolier, in said Stale, this thirtieth Hay of October, in the year of our Lard on* thouaiBd mght hundred and twenty-eight. SAMUEL C. CRAFTS. Gio. B. Shaw, Secretary. BOimsAiuBa OF THE TOWN OP ALBUROH, IN THK STATE OK VEHMONT, AS FIXED BY A CIIARTEK ttAfCO S3D FF.nriOAIIY, tTSl. (. I ! ■omdariM of Um tMrn •( Alkurfb. Statb ok Vermont, Secretari/ qf Slate's Office, Oct. 89, 1888. I hereby certify, that on die ♦wcnty-third day of t'ebruary, in the year of our Lord one thousand seven hundred and cifthty-one, the Charter of the [(.•.] Town of Alburgh was granted by Ihe Legii^lalure of the State «f Ver- mont, as appears by the Records in this Office, and that the boundaries of said Town of Alburgh are described in naid Charter as follows, viz: "Beginning in the forty fifth degree «f North Latitude, being the south line " of the Province of Quebec and north line of Vormont, at a monument in said line, " on the west side of Missisque bay; then Southerly by the lake shore to the South end •« of the tract of land commonly called the tongue; then northerly by the lake shore, •« to a monument in the South line of the Province of Quebec and north line of Ver- <* moot aforesaid ; then east in said lino to the bound begun at; theu east in said line " across Missisque bay and on to the land so far that to turn South, to the northerly " line of Highgste,then westerly in the line of Highgate to lake Champlain, then north- '< eriy by said lake to the Province line aforesaid, will contain in the two tracts of " land including by these lines the contents of twenty three thousand and forty acres "of land." In testimony whereof, I hereunto subscribe my name, and have to these Present affixed my Seal of Office. Dated at Montpelier, this twenty-ninth day of October, in Ihe year of our Lord ono thousand eight hundred and twenty-eight. NORMAN WiLLIAMS, Secretary qf State. State of Vermont. I, Samuel C. Crafts, Governor in and over said State, hereby certify, that Norman Williams, whose name is subscribed to the foregoing Certifi- cate, is Secretary of State of said State of Vermont, and that full faith and credit are to be given to his attestations as such. And I fur- ther certify, that the Signature of the said Norman Williams to said Cer- [l. s.] tificate, is his rwn proper hand writing In testimony whereof, I have caused the Seal of said State to be hereunto affixed. U H reby certify, rt-going Cer- ind that full A nil I fur- liams to Hid ny whereof, October, in ity-cight. DRAFTS. A CHARTER t.2S, I89b. n the year of harter of the itate vtVcT' e boundaries llowR, viz: s south line in said line, »e South end 3 lake shore, line of Ver- t in said line he northerly I, then north- wo tracts of d forty acres hcse Present lur Lord one JAMS, qf Slate. 84J Dated at Montpeller, in uid State, this thirtieth day of October, in the Appendix. year of our Lord one ihouMnd eight hundred and twenty-eight. '»»• ^0. SAMUEL C. CRAFTS. Geo. B. Siaw, Secretary, OfiMi Of Itnd •hmi Um L'aiiatf* Mnr OBHTZnOATB or THR OOVKRNOR OF VKIIMONT, HKLATIVE TO TIIR LANDS FROM CONNRCTiCUT HITK.R TO I.AKK CIIAMI'I.AIN. ADJACEMT TO TlUt MOKTHUUI BOUNDAKV OF THE STATE OP VKHMONT, 30TH OCroiiF.H, 1838. Samuel C. Cra/la, Governor qf the Stale qf fermont. To ALL PERSONS WHO SHALL SEE THESE PlBSENTS, OhEETINO: Know ye, that it appears from the records of this Sute, that the towns of Caniin, c«,j„^ f,^ Norton. Holland, Derby, Newport, (formerly Doncansborough) Troy, Jay, Richford, ve'r^or'*"" "^^ Berkshire, Franklin, {formerly Huntsburgh) Highgate and Alburgh, comprising all tlw """"' lands from Connecticut River to Lake Champlain, adjacent to the Northern boundary of the State of Vermont, along the forty-fifth parallel of North latitude, (viz: that boundary between the former Provinces of New York and Quebec, as the same had been actually surveyed and esUblished before the year 1775, under the authority of the two Provinces, and in conformity with the agreement between them, and ratified by the King's Order in Council of August 1768,) have been granted and held by virtue either of thn Hamp»hire grants, issued by the former Province of New Hampshire, or by grants by the State of Vermont, sulisequent to the year 1116 And that all the said towns have been divided into severalty, and have, with two eieeptiona, been settled and inhabited for more than twenty years laat paat In testimony whereof, I have caused the seal of said State to be hereunto affixed. Dated at Montpelier, in uid State, this thirtieth day of October, in the year of our Lord, one thousend eight hundred and twenty-eight. (Jeo. B. SiAvr, Sfierelary. SAMUEL C. CRAFTS. certify, that ping Certifi- nd that full A nd I fur- 1 to said Cer- ercof, I have II 1 APPENDIX, No. XXXI. MR. BARBOUR'S LIST WITH THE EARL OF ABERDEEN'S MARGINAL NOTES. A0T8, ^s " ^cts of a Public Nature," demanded by the American Govern- ment from that of Great Britain^ under the third article of the Convention of the 29th of September, 1887, according to the list sent in by the Envoy of the United States to the Earl of Aberdeen, on the 22d September, 1828. ( '1 !■ h ■1i li *9ppendix. '• Grant of Nova Scotia to Sir William Alexander, by James I. pre-™ No. 31. sumed to be dated 10th Sept. 1621 Mr n«rbour'«Li.i 2. The Act of Confirmation of said grant by Charles I. presumed to be Sc,:;^|]JP^,!2 dated 12th July, 1625. \li\oiT\KticeB. 3- Grant of the Province or County of Maine by Charles 1st to Sir Fer- nando Gorges (or Georges) presumed to be dated 3d April, 1639. •1. Charter of the Province of Massachusetts Bay in New England, by William and Mary, presumed to be dated October 7th, 1691. ^V-s«commi": *• Order in Council or other Act '•''the Crown, by which Nova Scotia, Sml y.m!'"'""' which had been part of Massachusetts' May, was not long after the Treaty of Utrecht, separated from Massachusetts, and erected into a separate Go- vernment. i.e"""l!n''i°'nf''n ^' '^'^P'"'' °^ ^^^ Lr> iv Officers of Ihc Crovn to the Board of Trade on 'or'' Litutcnant Colonel George Johnstone and Major (iencral William Bal- M'niitiuiilKaiyotTi' * • , i • i '"".'.'c'i'"'"""'"' ' '■'^'"P'^<^''^''>'y, dun.'g the two periods of absence of Major General M. Hunter. Major General George Stacy Smyth, (ns President and Commander in Chief) from April !*, 1812, to Feb. 28, 1817, when he was appointed Lieu- tenant Governor. Major General Sir Thomas Saumarcz, from August l813to August 1814.- Lieut. Colonel Harris William Hailc.i, from June 1816 to July 1817. Ward Chipman, Esq. from March 1823 to Feb. 1824. 62* t^ppendix, Ni.. 31. Mr. Barbour'i LIsi of Amtriran r.viilpricc with iriarKinal note* by ' III' Earl 01' Abvr- dueo. Trornmltif d herc- wiili. Do. Do. Do. Do. Do. Do. .No Comniii<9ion. — Sut'ifidt-d III vjr- liii- HI tiiii nitidi aa eldfnlCiiunMllor. Do. 1)0. Do. Do. Do. I M S« O, Ludlow .Su| Vk.) 246 ■■> r*f t I rg- Appendix. John Merry Bliss, from Feb. till August 1824; and also the Commissions No^. ^j.jj|| jjjj^gj, persons, who have been at the head of the administration of LI.1 01 A?ntf*nn Ncw Brunswick, as Governors, Lieutenant Governors, Presidents, Com- iiiaririnai noiesby manders in Chief, or b\' whatever title they may have been distiiieiiished. Ihe Eiiil of Abor- , . . , , xt ti J J b, , <'«"" trom the period that JNew Brunswick was erected into a Distinct Province See (>.G. Ludlow. . .1 ^ etnc^ (Huiira.) to the year 1828. Nn Order In roun- ^^^ "^"^ ^^^^^ '" Council, or other act of the Crown that may hnve de- :L.^f o,1v";"o,', ''"«d o"" "'tered the boundaries of the Province of New Brunswick, from •tiiiai period. the period of its erection into a separate Government to the year 1828. 15. Order in Council or other act of the Crown, by which the Province,, of Quebec was divided into the two separate Provinces or Governments of Upper and Lower Canada. ?i"-?e"comn''i"*: 16- Any Order in Council or other act of the Crown, that may hnve de- "'°"'°'"°""""'- fined or altered the Southern boundary of Lower Canada, from the period of its erection into a separate Province to the present time. " fjm "?™i J7- The King's Letters Patent, or other act either of the Crown, or of w7si"iig?oT'''''" ^^^ Government of Nova Scotia, (prior to New Brunswick being make a dis- tinct Province) establishing or erecting the County of Sunbury, in Nova Scotia. IS. The King's Letters Patent, or act, under the Great Seal of the Pro- vince of New Brunswick, witness Thomas Carleton, Captain General and GovernorinChief of ihesaid Province, dated 10th June, 1785, erecting into a separate County a district of Land in the same Province, by the name of the County of Northumberland. 19. The King's Letters Patent or Act (under same seal and attested in same manner) erecting the County of York, in the said Province of New Brunswick, dated 25 July, 1785. The following acts of the General Assembly of the Province of New Brunswio';, viz : 20. An Act passed at the session begun and holden on the 3d day of January, I78G, and intituled " An Act for the better ascertaining and con firming the Boundaries of the several Counties within this Province, and for subdividing them into Towns or Parishes." 36 Geo. 3. c. 1. 21. An Act of 16 March,1803, inaddition to the last mentioned act, (30) 43 Geo. 3. c. 4. 22. An Act of 7th March, 1814, in further addition to the said Act, (30) 54 Geo. 3. c. 17. 23. An Act of 16th March, 1803, intituled " An Act for erecting the upper part of the County of York into a distinct Town and Parish." 43 Geo. 3. c. 5. 24. An Act of 20th March, 1821, intituled " An Act to erect the upper part of the County of York into a Town or Parish." 3 Geo. 4. c. 22. 25. An Actof 7 March, 1826, intituled "An Act for the division of the county of Northumberland into three Counties, and to provide for the Go- vernment and representation of the two new Counties." 7 Geo. 4. c. 31. 26. An Act of 8lh Feb. 1799, intituled An Act for regulating the fish- eries in the County of Northumberland. 39 Geo. 3. c. 5. 27. An Act of 5th March, 1805, intituled An Act to continue sundry- Acts of the General Assembly that arc near expiring 45 Geo. 3. c. 19. 28. An Actof 14 March, 1810, intituled "An Act to continue for a limit- ed time an Act passed in the 39th year of H. M's Keign, intituled An Act for regulating Ihe fisheries in the County of Northumberland. 50Geo.3.c.4. Transmittal lipffc- Wllll. 247 89. An Actof 20 March, 1820, intituled An Act to continue several Acts Appendix. of the General Assembly that are near expiring. CO Geo. 3. c. 4. ^°- ^*- 30. An Actof 27th March, 1823, intituled An Actin further amendment Mr"17h„.„.. of the Laws for regulating the fisheries in the County of Northumberland E!iIicm,'"'wiT A /•'„„ A - an "•"•••■"uciiaiiu. iiiarKiTial not™ liy 4 Ueo. 4. C. 23. ih.tKatlof Abei^ 31. An Actof nth March, 1816, intituled ««An Act for the establishment, '"" regulation and improvement of the great roads of communication through the Province." (56 Geo. 3. c. 22 ) 32. An Act of 22d March, 1817, intituled An Act to appropriate a part of the public revenue for the services therein mentioned. 57 Geo. 3. c. ll 33. An Act of 25th March, 1820, intituled An Act to provide for opening and repairing roads and erecting bridges throughout the province, and improving the navigation of certain Rivers therein. 60 Geo. 3. c. 16. 34. An Act of21 March, 1822, intituled " An Act to repeal all the Laws now in force relating to the Establishment, regulaUon and improvement of the great roads of Communication thro' the Province, and to make more effectual provision for the same." 3 Geo. 4. c. 31. 35. An Act of 19 March, 1827, intituled "An Act to provide for open- ing and repairing roads and erecting bridges throughout the Province" 5 Geo. 4. c. 28. The following grants of Land in the Province of New Brunswick, all ' apparently held immediately from the Crown, but issued under the seal of the Province and by the Governor, Lieutenant Governor, President, or person admini.stcriug (he Oovernmcnt of the said Province, viz: 36. Grant of a Tract of Land lying at the month of Salmon- River, where the snmo empties itself into the River St. John. 37. Gia.it to Edward J. Man, Jonathan Hoar and Daniel Babbit, in severalty, of three tracts of land with an Island, containing in the whole about one Thousand and Fifty acres, lying on the south shore of Res- t.gouche River, within the Parish of Alnwick, in the County of Northum- berland, dated 20 Feb. 1828. 38. Grant to Alexander Stewart of a Tract of Land containing about 300 acres, lymg in the Parish of Kent and County of York, on the West side of and along the River Sv John, and adjacent to the upper boundarv of the reserve for the use of the garrison at the Great Falls, dated 1,0th Jan- uary, 1824. 39. GranttoSimonHebertof atractof Land, containingabout250acre^ lying on the North East side of and along the River St. John, a short distance from the mouth of the Madawaska River, and described as situ- ated in the Parish of Kent and County of York, in the Province of New Brunswick, dated Ifilh May, 1825. 40. The indictment, conviction, ju.lgment or sentence, an.l other procee.l- Tr..„.,m,c,i b.ro uigs against .hi, Baker, in the Supreme Court of Judicature of New Brunswick, at the May Tern, of said Court, held atFrederioktown, A. D 18^8, for an alleged misdemeanour, at or near the Madawaska settlement' •11. The Commissions of the several Governor.s, Liei.tenant Governor.", or other persons administering the Government of the Province of Quebec from the year 17(i;t, to the time when it was erected into the two Govern- ments or Provinces of Upper and Lower Canada, and among which may be enumerated those of The Honourable James Murray, Esquire, supposed to have been appoint- ed Governor Oct, S, 17(i3. U\ ' HlUl. Do. :•! I 248 Appendix. Major General James Johnston, Governor, presumed to hnve been ap-NoiuchGowniof. Z ■ poiiiteilNov. 26th, 1774. M-fo. !!?n«i";'i? ^^y Carleton, Esquire, Captain General and Governor in Chief, Dec. 29, Tran,n,i««i h.r,^ Evidence wiUi 1774. *'"'• inllrpillnl nolei* by ..Me K.ri of Abtr- Ferderick Haldimand , Esq. Captain General und Governor in Chief, Sep- Do. deen. Not yet received from llM Rolla' CbnpeL Uot tember 1st, 1777. Sir Guy Carleton Governor of Quebec, Nova Scotia and New Bruns- wick, April 11, 1786. 42. The Commissions of the several Governors, Lieutenant Governors, or persons administering the Governments of the Provinces of Upper and Lower Canada, or either of them, from the period that the said separate Governments were establislied to the present time, and among which may be particularly mentioned those of Francis Gore, Esq. as Lieut Governor of Upper Canada appointed March 1, 1806. Lieut. General Sir James Henry Craig, as Captain General and Go- vernor in Chief of the Provinces of Upper and Lower Canada, Nova Scotia, New Brunswick and the islands of Prince Edward and Cape Breton, August 29, 1807, Honorable Francis Burton, Lieutenant Governor of Lower Canada, No- vember 29, 1808. Lieut. General George Prevost, Bart. Captain General, Governor in Chief, &c. Commander of the Forces in Upper and Lower Canada, &c. ap- pointed in August, 1811. Lieut. General Sir Coape Sherbrooke, Governor of the Provinces of Upper and Lower Canada, New Brunswick, Nova Scotia and the Islands of Prince Edward and Cape Breton, appointed in January, 1816. Sir Peregrine Maitland, as Lieut Governor of Upper Canada, January, 1818. The Duke of Richmond, as Captain General and Governor in Chief of the Provinces of Lower and Upper Canada, Nova Scotia, New Brunswick and the Islands of Prince Edward and Cape Breton, in March, 1818. Lieut General the Earl of Dalhousie, as Captain General and Governor in Chief of the Provinces of Lower and Upper Canada, Nova Scotia, New Brunswick and the Islands of Prince Edward and Cape Breton, appointed October, 1819. Of Sir John Coleborne supposed to have been appointed in 1828, as Lieutenant Governor of Upper Canada. Do. Do. D*. Do. Da. i>c hi • It; i I M i ii1 : Oo. Do. Do. D*. Do. APPEJVDIX TO Da. ix. 6S» 'i I . m 'i^^', |mfp! ; ,i ii^Hj^^HIn 1 ''sii' ' IPIJ!' f'! 1 w I^^Ki 1 1 'i ^^^■r^ >1 H- ^ '. ' 1 IHi^ m ^H^ A^i ^^H n.!| ' ■H Hp K APPENDIX, No. Vin. EXTRACTS SECRET JOURNALS OF CONGRESS. ^itugitst 14, 1779. Congress proceeded in (he consideration of the instructions to the Minister to be Jlppmdix. appointed for neptotiat.nga peace ; and unanimously agreed to the following draft of No 8. instructions to the Concmissioner to be appointed to negotiate a Treaty of Peace with E„r.^7I^„ ,he n .. ii_;»-!_ « •*»««i«(p Bacrei Journtliof ConiireM. •••••• Vol.S^geSM. rage SIS. Great Britain * 3, The boundaries of these States are as follows, viz. These States are bounded North, by a line to be drawn from the north-west angle of Nova Scotia along the highlands which divide those rivers which empty themselves into the River St. Law- rence, from those which fall into the Atlantick Ocean, to the north-westernmost head of Connecticut River ; thence down along the middle of that river to the forty-fifth degree of North latitude ; thence due West in the latitude forty-five degrees north from the equator to the north-westernmost side of the River St Lawrence or Cada- taqui ; thence straight to the South end of Ntpissing ; and thence straight to the source qf the River Mississippi: West, by a line to be drawn along the middle of the River Mississippi from its source to where the said line shall intersect the thirty- tirst degree of north latitude : South, by a line to be drawn due east from the termina- tion of the line last mentioned in the latitude of thirty-one degrees north from the equator to the middle of the River Appalachicola, or Catahouchi ; thence along the middle thereof to its junction with the Flint River ; thence straight to the head of St. Mary's River ; and then s down along the middle of St. Mary's River to the Atlan- tick Ocean : and East by a line to be drawn along the middle of St. John's River, from its source to its mouth in the Bay. of Fundy, comprehending all islands within twenty leagues of any part of the shores of the United Slates, and lying between lines to be drawn due east from the points where the afortsaid boundaries between Nova Scotia on the one part, and East Florida on the other, part, shall respectively touch the Bay of Fundy -ind Atlantick Ocean. You are, therefore, strongly to contend that the whole of the said countries and islands lying within the boundwies aforesaid, and every citadel, lort, post, place, harbour and road to them belonj^ing, be absolutely evacuated by the land and sea forces of his Britannick Majesty, and yiekled to the powers of the States i<» which they respectively belong, in such situation as they may be at the termination of the war. But, notwithstanding tho clear right of these States Bnd the importance of tlie object, yet they are so much influenced by the dictates of religion and humanity, and so desirous of complying with the earnest request of their allies, that if the line to be drawn from the mouth of the Lake Nepissing to the head of the Mississippi cannot be obtained without continuing the wir for that purpose, •< !■*< ^m* 1 ■i. ^^H^^' •i ^B'; 'J ^m-i -ifT ■4 A If .:■' f 353 '^Vs'"'- ^H°" "'J"'^^ empowered to agree to some other line between tl.at point and the R.vcr M.ss.,8.pp. , provided the same shall in no part ther.of be to the southward of p:i,^;^ f ""^''^ orty-five degrees north. And in like manner, if the eastern boundary above c„„,^^ dcscnbcd cannot be obtained, you are hereby empowered to agree that the «,me shall ^... ^^. «. be afterwards adjusted 6, Connnissioners io beUuiy appointed /J^ /!/ Tit "ccorU^ngto such line as shall he Ay ,hcm scUleU and agreed on, as the LZlary heUveen that pariof the Stut» of Ntassaekus^tls Bay, formerly ealUd the Province ^ Ma,ne, and the Colony of Nora Scotia, agreeably to their respective rights. And you n.ay also consent, that the enemy shall destroy such fortific,tions as they may havoun. ' dary of Nova Scotia, therefore wilt regulate this claim. Hut it is well known that in the altercation between France and Great Britain upon this very subject, in 1751 Acadia, or Nova Scotia, was asserted by the laUer to bo bounded by PenURoet or Pe^ nobscot River. Answer. It is to be observed, Inat when the boundaries of the United States were declared to be an ultimatum, it was not thought advisable to continue the war -nerely to obtain territory as far as St. John's River ; but that the dividing line of Massachu- setts and Nova Scotia was to be consigned to future settlement It must be confessed also that this country, which is said in the new charter to border on Xmnt Scotia and the Provnice of Maine, on opposite sides, and which ffocs under the name of Sagadahock, cannot be proved to extend to the Hiver St. John, aj clearly as to that ,XI St. Croix. But there is some reason, notwithstanding, to believe that Nova Scotia was never supposed by the British King, in any grant to his subjects, to come to the South of St. John's R.ver, although he might luive exacted from France a relinquish- ment of the lands to the River Penobscot, or even Kennebeck, as a part of Nova Scotia The first notice taken of Nova Scotia by the King of Great Britain was in a rrani whirh he m«le of that country to Sir William Alexander, on the 10th September 1621 According to this grant, it was to begin at Cape Sable, to extend towards St! Mary s Bay, to cross the great bay between the Etchemins and Sourigois to the mouth of the River St. Croix, to run up to the source of that river, and from thence by a straight line drawn northwardly t« the Gi^at Itiver of Canada. On the 12th .luly, 1025, a ,«tent issued to tlie same Sir William Alexander confirming to him the These grants could not reach to the west of L>t. Croix, '. because" (soy the Enriisl. Commissaries in their memorial of the llth Januarv, 1751, s. 42.) « all the countrv to the westward of tlie River St. Croix had, in the y<.ar lfi20, Ix^fore the date of the hrst of them, been granted by King James to certain of his subjects, by the name of the Council of Plymouth, of which grantees Sir William Alexander was one and'^o by virtue of an agreement among the said grantees, ,M,sses.sed the country lying be- tween the River St. Croix and Pemaquid, a little to the westward of PentaLt » 1 opp e 3 map, which was undertaken, a« the author relate., with the approbation of the Lords Commissioners ot Iradeand Plantations, makes St. Croix the western boun .lary of Nova Sofa Champlain expressly bounds Acadia by St. Croix to the west- ward. We may add, as being further corroborative of this western limit of Novi Scotia, U,at the English Commissaries themselves, in (l^-ir reply of ,he 4th October 1.51, commend the map in the fourth volume of Purehas's Pilgnm as the first ancieni .nap o Nova Scotia and New England deserving notice ; the latter of which tl ev assert to be bounded northwardly, as is delineated in the map, by ,he River St Croix rii... same Comini.ssaries afterwards remark, tl.at it is clear from history that the Country between the rivers Sagadahock ..nd St. Croix had been settled many year earlier thnu the date o the new Charter of Massa.uisetts ; a,ul that Great Britain^r Mdered U as a part of her American Colonies. It could not have lH..n included within -Mova Scotia, since it is expressly contradisUuguished from it. Sag^iahoek too is 61» i 11 ill 't i\ iil! 984 •^T.'f '■ T^"^ V^', ^"^° °^ ^"^ "'"'"■■ "'" *'«*«=' 'P'!o" "f "«ll . 'hese lands into the Province of Massachusetts in unequivocal tern.s ; and, h«,-ci,dly, one at least of the Counsellors direcied to be chosen yearly lor the Fiovmce at laig.., was lo be from the inhabitants or proprietors of Iflnda wulun this territory. The Board of Trade and Plantalionson theaoih April, 1700, declared in a solemn act, that New England ought of right to extend to St' Croix. See the Act. It docs not appear then, that Nova Scotia hath over been carried to the West of the River St. Croix in any British grant, or .u^ i^nu.h docnment relative to New Eng- land. We own that in the memorials of the Court of Great Britain to the French Court, after the peace of Aix la Chapelle, relative to the boundaries ,.f Nova Scotia Penobscot River is sometives asserted lo be one of iu boundaries, and Kennebeck at others. But nothing is proved from thence, but a desire in the British King to pro- cure an absolute release from France of all her pretensions, however distant For a general discuwion on this subject, see the British and French memorials on the occa- sion; and the treaties of St. Germain, on the 29th of March, 1632, of Westminster 3d November, 1635, and of Breda, Slst July, 1667. ' As to the territory of Sagadahock, which is synonymous with the lands between the Province of Maine an river, and wh„J geogr^pber. En.an'1 Howen. in , ..p delineating the H, -.iTh, S li h a: X::,: don,.n.on. .„ Amer.ca, according to the Treaty of Pari, a,.., ,hia very ^rocla.na ;;„ haacarr.ed Georgia So.th Carolina, North Carolina, and Virginia a,L a, the S .s,.pp.. The ,.ngle object of the3uffuat ao, 1783. The report being under debate for referring thp fnrB»«:„„ r . TKt *»!■ A m„>io„ >.., ™.,|c „, „,. Wi,l„„p„o„, «„„J„, h „,. Mo.l,„m.„ ,h., ,u "^o It was resolved in the aflirmative. Page >J03. i Iirt APPENDIX, No. IX. Ca; EXTRACTS ■ f ^^.' : -t 1 ^^^^t.. "^ M Ht %M ■ \M FRANKLIN'S PRINTED PRIVATE CORRESPONDENCE. Bllruli frnin Dr. Frinkhit'. Private Correafondeiice. Propnnd ArtlclM. <'A|iy«ndii,p. W.) Fqper No. I, entire. [See jlpptndix, page 69.] Jtppendix. Articles agreed upon by and between Richard Oswald, Esq. the Commissioner of His No. 9. (o) Britannic Majesty for treating of peace with the Commissioners of the United States of America, on the behalf of hiaaaid Majesty, on the one part, and Benjamin Frnnk- lin and John Jay, two of the CommioMoners of the said Sutes for treating of peace with the Commissioner of his said Majesty, on their behalf, on the oUier part. Whereas, reciprocal advantages and mutual convenience are foumi, by experience, to form the only permanent foundation of peace and friendship between Stales, it is agreed \o frame the articles of the proposed treaty on snch principles of liberal equali- ty and reciprocity, as that partial advantages (those seeds of discord,) being excluded, SHch a beneficial and suti^actory intercmtrse between the two countries may be es- lablisAed, as to promise and secure to both the blessings of perpetual peace and bar- mony. 1st. His Britannic Majesty acknowledges the said United States, viz: New Hanip- sliire, Massachusetts Bay, Rhode Island and Providence PlanUtions, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Caroli- na, South Carolina, and Georgia, to he free, snvereiifn, and independent States: That he treats with them as such; and for himself, his heirs and successors, reiinqui.shes all claims to the government, proprietary, and territorial rights ol the same, and every |)art thereof; and ihnia/l disputes which might arise, in future, on the subject of the boun- daries of the said United States, may be prevented, it it is hereby agreed and declared, that the following arc, and shall remain to be, their boundaries, viz: The said States are bounded, North, by a line to be drawn from the north-ivest an- gle of Nova .Scotia, along the high lands which divide those rivers which empty themselves into the River St. Lawrence from those which fill into the Atlantic Ocean, to the NouTiiEiiNMosT/iw/f/ of Connecticut liiver; thence, down along the middle of that river to the 4-')lli degree of north latitude, and thence due west, in the latitude forty-five degrees north from the equator, to the north- westernmost side of the Kivcr St. Lawrence, or Cadaraciui; thence straight to the south end of the Lake Nipissiug, and thence straight to the source of the liiver Mississippi: West, by a line to be drawn along the middle of tlic River Mississi|)pi, from its source to where the said line shall intersect the thirty-first degree of north latitude: South, by a line to be drawn due cast from the termination of the line last mentioned, in the latitude of thirty-one degrees north of the equator, to (he middle of the River Apalachicola, or Catahouclii; thciicc along the middle thereof, to its junction with the Flint Kiver: 267 tliinct', hliaiuhl lo llio licnd of St. Mury'i Rivcrj Ihoncc, Jown along Ihc middle ot St. Miiry'H Hiver to th»« Allantie Ocean: and Eaiit, by a line lo he drawn tt/onif llie midifltnfSl. Jo/ni'.t Hirer, /rotn i/.i smirce to its movlh in tin- Ihiij of Fuiirlr comprulicnding all islands williin twenty leiigucsi of nny part of the shores of llin Uii..- cd States, and lying between lines lo bo drawn due cast from the points whorr the aforcMid boinnlarics, between Nova Scotia on the one part, and E'agt Florida on the olhrr, shnll, rc«ppetivcly, tone!) the Hay of Fiinoy and the Atlantic Ocean. ad. From and immediately after the conclusion of the proposed treaty, there shall be a (irm and perpetual pence botwccn His IJritannic Nfajesty and the United States, and between the oubjects of the one and the citizens of the other: wherefore, all bos- tilities, both by sea and land, shall then immcdiatly cease; all prisoners on both sides shall Iw set at liberty; and hii* Uritannic Majesty hiiidl, forlliwilb, and without causing any distinction, withdraw all bis armies, garrisons and flgcts from the said United States, and from every post, place and harbor within the same, leaving in all furti- ficationsthe American artillery that may be therein: and shall also order and cau.Hcall archives, records, decdo, and papers, belonging to cither of the said States, or their citizens, which, in the course of the war, may have fallen into the hands of his olli- ccrs, to be forthwith restored, and delivered lo the proper States and persons to whom they belong. 3d. That the subjects of his Uritannic Majesty, and the people of the said United Slates, shall continue to enjoy, unmolested, the ri(;bt to take (ish of every kind on the banks of Newfoundland, and other places where the inhabitants of both countries used formerly, to wit: before the last war between France and Hritain, to fish; and, also to dry and cure the same at the aecuxtomed place,, whether br/onifini^ to hi \said Mujesli/, or to the United States; and his IhUannic Majesty and the said United States ii'ill extend eijuul privileges and hospitality to each other's fishermen as to their own. 4th. That the navigation of the River Mississippi, from its source to the Ocean shall forever remain free and open; and that both there, and in alt rivers, harbors' lakes, jiorts, and places, belonging to his Britannic Majest,/, or to the United States, or in any part of the world, the merchants and merchants' ships, of the one and the other, ^\^^\\ be received, treated and protecfed,]\kc ihc tnerchml and mer- chants' ships of the sovereign of the country: that is to say, the British merchants and merchant ships, on the one hand, shall enjoy in the United States, and in all places belonging lo them, the aan\ protection and commercial privileges, and be lia- ble only to the same charges and duties as their own merchants and merchant ships- and, on the other hand, the merchants and merchant whips of the United Stales shall enjoy in all places belonging to his Britannic Majesty, the same protection and commercial privileges, and !>« liable only to the same charges and duties of liritisli Merchants and merchant ships, saving always, to the chartered trading com- panies of Great Hritain, such exclusive use and trade, and their respective posts an.l nstabhshments, as neither the subjects of Great firitain, nor any of the more favored nations, j)articipate in. ilppcndix. N,. 9 (a) FUliiirlo irmit Hr .'iiinklhi*'* l*ritiii(* ( nrr'»iMpii(|,-nf»«. IVMprM«t|t Artlrlft, 'A|«|>t-ti. W f Paris, 8th October, 17S2. A true copy of which has been agreed on between the American Commissioners and me, to be submitted to his Majesty's consideration. [Signed] RICHARD OSWALD. deration to be made in the treaty respccUngihe boundaries of Xova Scotia viz- East-Tho TRUE line between which and the United States shaU be sc/tledbu Commissioners, as soon as conveniently may be after the war. ft I Blf '5 . 63 • Hi I Wi 358 No. 9. (o) Extract qf a Letter to the Hon. Robert R. R. Livingston. I'Assy, September 2G, 1782. , 3:>trartK Irom Dr. Franklin's Frivala t/ Tu« _-— i- «• />^ • ... "' ■" ""' ' "^'" vorrMpomjence. ^"6 negotiations f* poacc havc hitherto amounted to little ii.ore than mutual pro- sd Eitrtct. fessions of sincere desires, &c., being obstructed by the want of due form in the Eng- *!i7.?:i''X'' ^'^^ commissions appointing their plenipotentiaries. The objections made to those for treating with France, Spain, and Holland, were first removed; and by the enclosed,* it seems that our objections to that for treating with us, will now be removed also; so that we expect to begin in a few days our negotiations. But there are so many interests to be considered and settled in a peace between five different nations, that it will be well not to flatter oiirseJves with a very speedy conclusion," * The Commission here following: Rkialdolwiui.'" Commission vnder the Great Seal of Great Britain, empowering Richard Os- toald, Esq. to treat with the Commissioners of the Thirteen United Slates of America. George the Third, by the Grace of G d, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth, To our trusty and well beloved Richard' Oswald, of our City of London, Esq. Greeting: Whereas, by virtue of an act passed in the last session of Parliament, intituled an Act to enable his Majesty to conclude a peace or truce with certain Colonies in North America therein mentioned, it is re- cited, that it is essential to the interests, welfare, and prosperity of Great Britain and the Colonies or Plantations of New Hampshire, Massachusetts' Bay, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, the three lower counties on Delawaie, Maryland, Virginia, North Carolina, South Carolina, and Georgia, in North America, that peace, intercourse, trade, and commerce should be restored between them; therefore, and for a full manifestation of our earnest wish and desire and of that of our parliament, to put an end to the calamities of war, it is enacted' that it should and might be lawful for us to treat, consult of, agree, and conclude with any Commissioner or Commissioners, named or to be named by the Si.id colonies or plantations, or any of them respectively, or with any body or bodies corporate or politic, or any assembly or assemblies, or description of men, or any person or persons whatsoever, a peace or a truce with the said colonies or plantations, or any of them, or any part or parts tlicreof, any law, act or acts of parliament, matter or thing to the contrary in any wise notwithstanding; Now know ye, that we, reposing especial trust in your wisdom, loyalty, diligence, and circumspection, in tluj management of the aflairs to bo hereby committed to your charge, have nominated and appointed, consti- tuted end assigned, and by these presents do nominate and appoint, constitute and assign you, the said Richard Oswald, to be our Commissioner in that behalf, to use .uid exercise all and every the powers and authorities hereby entrusted and committed to you, the said Richard Oswald, and to do, perform, and execute all other matters and things hereby enjoined and committed to your care, during our will and nu longer, according to the tenor of these our letters patent; And it is our royal will and pleasure, and we do hereby authorize, empower, and require you, the said Richard Oswald, to treat, consult of, and conclude, with any Commissioners or i)er- sons vested with equal powers, by and on the part of the thirteen United States of America, viz: New Hampshire, Massachusetts' Bay, Rhode Island, Connecticut, New York, N(HV Jersey, Pennsylvanio, the three lower counties on Delaware, Marykmd, Virginia, North Carolina, South Carolina, and Georgia in North America, a peacn or a truce with the said thirteen United Statts, any law, act or acts of parliament, mat- >'2G, 1782. n mutual pro> 1 in the Eng- nadc to those he enclosed,* emoved also; are so many ations, that it liichard On- ed (plates of and Ireland, •ved Richard act passed in a conclude a aed, it is re- : Britain and hode Island, counties on Georgia, in be restored 1 and desire, it is enacted, include with 1 colonies or corporate or n or persons iny of them> thing to the special trust ment of the nted, consli- nstitute and chalf, to use J committed her matters ivill and nu r royal will lu, the said ncrs or ])er- :cd States of iCticut, New , Marykmd, I, a peacft or ainent, mat- KivhurUI-K^vviiM. 359 tor or thing to the contrary in any wise notwithitantliTig. And it is our fmther will ^QppenJix. and pleasure, tlsat every regulation, provision, matter, or thiivg, which shall have been '*"• ^- (") agreed upon between you, the said Richard Oswald, and sftch Commissioners or per- e, I^n, nr. sons as aforesaid, with whom you shall have judged meet and sufficient to enter into rormp^'drecT* such agreement, shall be fully and distinctly set forth in writing, and authenticated by ai ¥Mmn. your hand and seal on one side, and by the hands and seals of such Commissioners or r.muXinn t.. persons on thn other, and sueh instrument so authenticated, shall be by you transmit- ted to us through one of our principal Secretaries of State. And it is our further will and pleasure, that you, the said Richard Oswald, shall promise and engage for us, and in our royal name and word, that every regulation, provision, matter or thing, which may be agreed to and concluded by you our said Commi8.;.''MMXn'^^*'' ^^^^'^ ''^^ *P"^ °f twelve days, to be computed from the ratification of the said preliminary articles, should be restored on all sides. That the term should be one month from the Channel and the North Seas, as far as the Canary Islands inclusivey, whether in the Ocean or in the Mediterranean; two months from the said Canary Islands, as far as the equinoctial line or equator; and lastly, five months in all other parts of the world, without any exception, or any other more particular description of time or places: i » «' We have thought fit, by and with the advice of our privy council, to notify the same to all our loving subjects; and we do declare, that our royal will and pleasure is, and we do hereby strictly charge and command all our officers, both at sea and land, and all other our subjects whatsoever, to forbear all acts of hostility, either by sea or land, against his most Christian Majesty, the King of Spain, the States' General of the United Provinces, and the United States of America, their vessels or sui)jects, from and after the respective times above-mentioned, and under the penalty of incurring our highest displeasure. "Given at our Court at St. James's, the fourteenth day of February, in the twenty- third year of our reign, and in the year of our Lord one thousand seven hundred and eighty-three. " God save the King." l.iTingvtun. Extract of a Letter from the American Commissioners to S. R. Livingston, t^sq. July, 1783. '"' '^"''°"' " Mr. Oswald was desiro>is to cover as much of the eastern 3hores of the Missis- Aiii'cr!ciin'"cim°sippi v.'ith British claims as possible, and for this purpose wc were told a great deal '"""""""" '"' about the ancient bounds of Canada and Louisiana, &c. 3ic. &c. The British Court, who had probably not yet adopted the idea of relinquishing the Floridas, seemed desirous of annexing as much territory to them as possible, even up to the mouth of the Ohio. Mr. Oswald adhered strongly to that object, as vvell to render tl»e British Countries there of sufficient extent to be (as he expressed it) worth keeping and protecting, as to afford a convenient retreat to the Tories, for whom it would be difficult otherwise to provide. And among other arguments, he finally urged his being willing lo yield to our demands to the east, north and west, as a further reason for our gratifying him on the point in question. He also produced the commission of (Jovcrnur Johnson, extending the bounds of his government of IVest Florida up to the river Yassous, and contended for that extent as a matter of right upon various jirincijilcs; which however wc did not admit; the King not being authorized in our opinion to extend t ontract the bounds of the colonies at pleasure." "There arc, no doubt, certain ambiguities in our articles; but it is not to be won- dered atf when it is considered how exceedingly averse Britain was to expressions tehi shot consequently the true one." ' ^ ^'"'"°" °^ ''"' """^^er construction would haJe been » * • • • ■» r> I [Signed] "J. ADAMS, "B. FRANKLIN, "J.JAY, •' H.LAURENS." 66« !,N I- M I: ':' - I APPENDIX, No. XXXIL COMMISSIONS 10 JOHN ELIOT AND PETER CHESTER. 1767—1770. Commission to John Eliot, as Governor of the Province qf West Florida. a ,. «« George the Third, by the grace of God, of Great Britain, France and Irelftnd, King, 1^ 32. defender of the faith, and so forth, to our trusty and well beloved John Eliot, Eiq'r. Greeting: Eiioi and P. Che.- '» Whcrcas, we did by our letters patent under our great seal of Great Britain, bear- of WMt Fierida. mg date at Westminster, the twenty-first day of November, in the fourth year of John Eiiot-n67. our reign, constitute and appoint George Johnstone, Esquire, captain general and governor in chief, in and over our Province of IVest Fierida, in America, bounded to the southward by the gulph of Mexico, including all islands within six leagues of the coast, /rowj the river ^palachicola to lake Ponchartrain; to the westward by the said lake, 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 ^palachicola or Chatahouchee and to the eastward by the said river, tlnd, whereas, by other our letters patent under our great seal of Great Britain, dated at Westminster, the sixth day of ! .e, in the fourth year of our reign, we thought Jit to revoke such part and so much of the said letters p'^tent, and every clause article and thing therein contained, which doth any way relate to or concern the limits and bounds of our said province as above described, and did consti- tute and appoint the said George Johnstone, to be our captain general and governor in chief, in and over our province of fVest Florida, in America, bounded lo the south- ward by the gulph of Mexico, including all islands within six leagues of the coast, from the river tdpalachicola to lake Poncliartrain; to the westward by the said lake, the lake Maurepas and the river Mississippi; to the northward by a line drawn from the mouth of the river Yasous where it unites with the Mississippi; due east to the river ^lipalachicola, during our will and pleasure. Now know ye That we have revoked and determined, and by these presents do revoke and determine, both the said recited letters patent and every clause, article and thing therein contained KnA further know you ThvXy/e reposing especial trust and confidence in ihe pru- dence courage and loyalty of you the .■3. .. * "' America, in fxhaJf of liis said Maicsty, on tho one uail nnH JnKn aj hllu .? . "^ ''"'"' ^'"^ '''° Con>nmsioner of hi« said Majesty, on their b hah on the other par, : to be inserted in, and to constitute the treaty of peace n" ataics but ,.'h, ,. treaty is not to be concluded until terms of a Peace shall be . J.!h Abticle I. claims to the Kovernment ZnZ ' f ""'* «"«''«»««••«, relinquishes all part thereof, anTtrtT/r'^'rlt. :Xt;'^''^r'" '"-'"''' '^^"^ the 4««„^«n« of the said United sTl, / '" "'"'"'' "'* '^^ *"*^«'^' °*' declared tha, ih. f "'"■^ *' P''<"''"f< it is hereby agreed and Ucclared, that the following are and shall be their boundaries, viz : Arviclb II. the said Highlands u-hicA divide those rivers TZ em^,Z A /^'*'^'""*' «'»"g 365 until it strikes tlie river froquols or Catsrsguy; thence along the middle of said river appendix. into Lake Ontario, through the Middle of said Lake until it strikes the communication No^. by water between that Lake and Lake Erie; thenco along the middle of said commu- pn-nmiaary Ani- nication into Lake Erie, through the middle of said Lake until it arrives at the water""" ""' communication between that Lake and Lake Huron; thence along the middle of said water communication into the Lake Huron; thence through the middle of said Lake to the water communication between that Lake and Lake Superior; thence through Lake Superior, Northward of the Isles Royal and Phelipeaus to the Long Lake; thenee through the middle of said Long Lake, and the water communication between it and the Lake of the Woods, to the said Lake of the Woods; thence through the said Lake to the most north wectern point thereof; and from thence on a due west course to the hiver Missisippi; thence by a line to be urawn along the middle of the said River Missisippi, until it shall intersect the Northernmost part of the 31st degree of North Latitude. South, by a line to be drawn due East from the Determination of the line last mentioned, in the Latitude of 31 Uegrees North of the Equator, to the Middle of the River Apaiachioola orCatahouche; thence along the Middle thereof to its junction with the Flint Kiver; thence straight to the Head of St Mary's River; and thence down along the Middle of St Mary's River to the Atlantic Ocean. East by a line to be drawn along the Middle of the. River St. Croix from its Mouth in the Bay of Fundy to its source; and from its source directly North to the afore- said highlands which divide the rivers that fall into the Atlantic Ocean, from those which fall into the River St. Lawrence; comprehending ail Islands within twenty Leagues of any part of the shores of the United States, and lying between lines to be drawn due East from the points where the aforesaid boundaries between Nova Scotia on the one part, and East Florida on the other, shall respectively touch the Bay of Fundy, and the Atlantic Ocean; excepting such Islands as now are or heretofore have been, within the limits of the said Province of Nova Scotia. Article III. It is agreed that the people of the United States shall continue to enjoy unmolested the right to take Fish of every kind on the Grand Bank, and on all the other Banks of Newfoundland; also in the Oulph of St Lawrence^ and at all other placfs in th« S€a, where the inhabitants of boih countries used at any time heretofore tc Fish, and also that the inhabitants of the United States shall have liberty to take Fish of every kind an such part of the coast of Newfoundland as British Fishermen shall use, (but not to dry or cure the same on that Island) and also on the coasts, Bayii, and Creeks of all other of his Britannic Majesty's Dominions in America: and that the American Fishermen shall have liberty to dry and Uie fish in any of the unsettled Bays, Har- boursand Creeks of Nova Scotia, Magdalen fsk nd«, and Labrador, so long as the same shall remain unsettled; but so soon as the seme, or either of I'lem shall be settled, it shall not be lawful for the said fishermen to dry or cure Fish at such settlement, without a previous agreement, for that purpose, with the inhabitants, proprietors or possessors of the ground. Abticlf IV. It is agreed, that creditors on cither side shall meet with no lawful impediment to the recovery of the full value in sterling money ol all bona fide debts heretofore con- tracted. Article V. It is agreed, that the Congress shall earnestly recommend it to the Legislatures of the respective States, to provide f«r the restituUaa of all Estates^ Rights, and Properties 67» :l H^ i' I APPENDIX, No. XXXIV. GRANTS ■> THE PROVINCE OP NOVA SCOTIA WtLUAM OWKN ANB OTHERS. AND TO rRANCIS BERNARD AND OTHERS. I -i i/fyptndix. No. 34. Ormnu by the NoTA Scotia, m. To all to whom these preaenti »h ill come greeting: Know ve that I, Lord William Campbell Captai General nid Governor in Chief in Ormnu by Ui« •' ' o • • • n i . Pro»iiKe of Nov» gnj oyer His Majesty'* Prorince of Nova Scotia ur Acadie and its Dependencies onnrTf Lnrd^'*^^ Admiral of the same, &c. &e. &c. By virtue of the power and authority to oi"S^lld'oih.^: "we given by his present Majesty King George the Third under the Great Seal of JUthBepi. 17*7. Qrggt Britain have given granted and confirmed and Do by these presents by and with the advice and consent of His Majesty's Council for the said Province give grant and confirm unto fVilliam Owen, / rthur Davis Owen, David Owen, and Wil- liam Owen, jr. their heirs and assigns a tract of Lund situate, lying and being an Island at Passamaquoddy called Paasamaquoddy Outer Island, and is bounded on the south east hy the Bay n/ Fnndy on the north west by Passamaquoddy Harbour and the south west by Passamaquoddy western Harbour on the twrth east by Passa- maquoddy Bay containing in the whole by estimation Four thousand Acres. In Witness whereof I have signed these presents and caused the seal of the Pro- vince to be thereunto affixed at Halifax this thirtieth day of Septembfr in the seventh year of the reign of our Sovereign Lord George the Third by the grace of God of Great Britain France and Ireland King Defender of the Faith and so forth and in the year of our Lord one thousand seven hundred and sixty-seven. By His Excellency's Command with the advice and consent of His Ma- [l. s.] jesty's Council. RICH'D BULKELEY, Secretary. m Unni in Francis Bernard A othera Nova Scotia, ss. To all to whom these presents shall come Greeting, Know ye that I Montagu 3in October, 17M. ^jjij^^j Esquire Captain General and Governor in Chief in and over His Majesty's Province of Nova Scotia or Acadie and its dependencies Vice Admiral of the same &c. &.C. Sic, by virtue of the power and authority to me Given by his [\esent Majesty King George the Third under the Great Seal of Great Britain have given granted and confirmed and Do by these pr sents give grant and confirm unto Francis Bernard, Thomas Pownall, John Michel, Thomas Thoroton and Richard M. Itokaon Ksquirei their hch .nU asdigns in Kvenlty a tract of iMnd situate lying appendix, and being beffinnit^ at the head qf the IVeatem Brunch qf the River Copscook '*"■ ^♦• called the Hiver St. Croix two Le.guca above the Kalla or full Rapids and to run Gr.nJ^. r™. from thence North on the Meridian line or North fourteen degrees eaat by //ig ,',!,"" "fNoy»Heo Aeerf/e [seventeen Miles, th.-nce South sixty-six degrees East til.' it meets with Me nr.ni ~p,.«i. Western Branch of the JUvr Sooodick and- ia thenoo bounded Ay said River A'coo- "iVi olJ.t?,"i'?5. dick to the East Buy and by hi- said Ray round into Cnpx, ,ok Niner through the Falls and up the Western Uraiirh to the first mentioned Uoundary togL and bounded on the South by the Highlands which divide the rivers that empty themselves into the River Saint Lawrence from those which fall into the Sea or Atlantic Ocean, thereby altering the North boundary of the province of Nova Scotia from the soalhcrn shore of the river St. Lawrence to those Highlands." *« (4) The Act is entituled " an Act to restrain the trade and commerce of the pro* vince of Massachusetts Bay and New Hampshire, and colonies of Connecticut and Hhode Island and Providence Plantations, in North America, to Great Britain, Ireland, iuid ilie British IslandS) inthe Wostlndies; and to prohibit such provinces ^aiid Colonies fr«m carrying on any Fishery on the Banks-of Newfoundland, .or other places therein men- tioned, under certain conditions and limitations." In the 12th Section of the Act it is pro- vided and enacted " that the river which emptieth itself in Passamncadie or Passama- quody Bay, on the western side, and is commonly called and known by the name of St. Croix river, be held and deemed, for all the purposes in this Act contained, to be the boundary line between the provinces of Massachusetts Bay and Nova Scotia. «' This Act creates no new boundary; it merely recognises, confirms and establishes that river St. Croix as a boundary between the provinces of Nova SCotia, in the Patent to Sir William Alexander, in 1681, which was agreed upon, settled, known, and ac- knowledged, as the boundary between the province of Nova Seotia and the territory of New England, granted to the council ol Plymouth, in the year 1620, which, after the surrender of their grand Charter, was the boundary between Nova iSto/ia and lire Territory granted to the Duke of York in 1664, which was recognised as the western boundary of Nova Scotia by the Charter of William and Mary to the province of Mas- sachusetts Bay, in 1691; and which, from the Tt'eaty of Utrecht, in 1713, was the boundary between the provinces of Massachusetts Lay and Nova Scotia, received and established by the crown, and known, acknowledged and acquiesced in by the government of the province of Massachusetts Bay. That, from the time of the passing 01 this Act of Parliament in 1774, the boundaries of the Province of Nova Scotia remain- ed unaltered to the treaty of peace in 1783, will not if is presumed be denied. And it will not be difficult now to shew that the river Scoudiac, under the name of the river St. Croix, formed a part of the boundary described in that Theaty. " It is sufficient here to observe, that atthetime the treaty of peace was made in 1783, the provinces of Quebec and Nova Scotia beldngid to and were in the possession of the crown of Great Britain; and that his Britannic Majesty, at that time, had an undoubt- ed light to cede to the United States of America such part of these Tcrritorios as he might think fit; and that in making the cession of the territory comprised witiiin the boundaries of the United Stales, as described in the second article of the treaty of peace, hiil(;riin, page 16, 35. SuUivaa's History of Maine, pape 59. Morso's Geography, 3 J Edition, l"y6, p. 379. I'ownall's Topographical Description of North America, page 20. (6) V»ttcl— 62. 6. \r. sect 308. Vide I'oat, page 184. 37.1 States by the Treaty; that this was not the intention of the Treaty, not only appears ^'ippendlx. from the facta and reasoning that have been already adduced, but from a further con- No^. sideration that in most, if r t all, the Maps ofthe interior country, published before the Eiirnci. from the year 1783, although the courses of the river Saint Croix are very inaccurately laid down, iir^iS^AmM .1.' .■ii ... .1-1 1 ..... • . i'" '»elf with tl>o aforesaid Rirer, thence by an imaginary direct line, wliich may lie 1. ■ conceived to go through the land, or run towards the iwrth to the nearest Bay, river B?nTM!one%" °'^ spring. discharging itself in the Great River of Canada, &c. &c. which certain land* ind^'STs*.,- "*'*" '" '" '^"'"'■® ^''"" ®"Joy the name of Nova Scotia in America." jiei._jf ui. t,M.y It is here to be noted, that on the conquest of Canada, and the Anal cession of that country to the Crown of Great Britain in 1763, the Highlands abovemcntioncd and referred to, were established as a Southern boundary of the Colony of Quebec; that Nova Scotia hath accordingly from that time hitherto been described in the Commis- sions to the Governors, ** As bounded on the Westward by a line drawn from Cape Sable across the entrance of the Bay of Fundy to the mouth of the River Saint Croix, by the said River to its source, and by a line drawn due North from thence to the Southern Boundary of the Colony of Quebec; to the Northward, by the said bounda- ry," &c. &c. &c. — That from the description in the Commissions it appears a construc- tion had been given to an evident ambiguity in the Grant for Nova Scotia, in respect to the source of the River iSisetii/ Croix, and the course of the line from it; and hence it is, that at the time of the treaty of Peace, the Highlands, instead of the River Saint Ijawrence, formed the north side, and a line directly to, or due north, the west side of the North-weat tinfjia of Nova Scotia, and that the source of the River Saint Croix, from which the line was to run, or be drawn, was the source generally, or that source which should be found to be eminently or emphatically so regardless of the position of it, or the place or quarter where it might be, or the distance, when compared with any other source before the waters from it mingled themselves with the River. A River being expressed in the Treaty, the Instrument and it not being expressed, as it is either by mistake or fraud, the River so expressed ravai be adjudged to be the River intended. This is assumed as unquestionable; the River is expressed to be *' That River, a iine drawn due north from the source of which forms the west side of the north-west angle of Nova Scotia." The identity of the River Saiat Croix ex- pressed in the Treaty, and the River Saint Croix expressed in the Grant for Nova Scotia, is assumed as also unquestionable; so that the River to be sought for, is he River intended in the Grant The two following propositions, are therefore stated, and the proofs subjoined — 1st That the Tsiver intended under the name of the River Saint Croix, in the Grant for Nova Scotia, is the River which was so named by the Sieur Dc Monts, 1G04. And 2ndly. That the Scudiac is the River which was then so named." Extracts from a publication by Sir William Alexander, in London, 1624, under the ti- tle of encouragement to Colonies. " Monsieur De Monts, procuring a patent from King Henry the Fourth, of Canada from the 40th degree Eastward, comprehending all the bounds that now is between New England, and New Scotland (after that Queen Elizabeth had formerly given one thereof, as belonging to this Crown by Chabot's dis- coverie,) did set forth with a hundred persons fitted for. a plantation, carried in two Ships " After a brief relation of the voyage from France to Port Royal, he pro- ceeds, " After this, having seen Port Royal, they W3nt to the River called by them Sante Croix, but more fit now to be called Tweede, because it divides New England and New Scotland, bounding the one of them upon the East and the other upon the West side thereof; here they made choir*' of an isle that is within the middle of the same, where to winter, building houses suUicient to lodge their number. " He concludes his relation by mentioning—" That in the end, finding that a little Isle was but a large prison, they resolved to return unto Port Royal." Speaking of the limits of liis Patent, he says — " leaving the limits to be appointed by his Majesty's pleasure, which are expressed in the Patent granted unto me under his great Seal of his King- dom of Scotland, marching upon the west towards the River of St Croix, now Tweede, (where the Frenchmen did design their first habitation) with Now England, and on all other parts it is compassed by the Ocean and the Great River of Cantda." 277 To thi. publication a M«p is annexe), in which « Rirer i, l.i.l down under the name ^pptndi,, of I wcedc, as a boundary between New England and New Scotland, and doubtless in- ^^' ^6- tended t^ repr«ent the Sain, Croix. The voyage of J)e Mont, above referred to by ..pJiTiT^^^ S.r W.lham Alexander, waa in the apring of 1004, ,„d has been written by two dif- "c'Sir-" ferent co temporary person., Chan,plain, who was with him .and X' AWA«/, who came "^^^.Z^ out to VJlcad,, ,n 1606, w.th PoUrincoMrt, the successor of De Monti in the at- '"'" tempt to settle, and was liimscif the next year at St. Croix. The British Commiasaries, in the Memorials between them and the French Com- m.ssar.es. concerning the l.milsof Nora Sootia or Acadia, printed in London in 1753, v'kT T u'T' ""*''""' ^'"'" •"^"*' °^ '*''' """"^'•y' '" "'"t '^hich Escnrbot pub- Imhed w.th h.s History ,n 1009." And . book published in London that year by> hronddU, under the title of Nova Prancia, &c. trumlated out oj the French into "^ u '. " "''"'^""^ " *""•'»*'"" °f 'his first Edition of L'Eacarbot. Champlain published .n 1613. From these writers, therefore. Sir William Alexander obtained h.s .nformafon of the voyage of De Monts, and of the country. They relate that De Monts, alter visiting several places on the Eastern shore of the Bay of Fundv and among them the Bay of Saint Mary and Port Royal, came, on the 24th June, fo' theR.v^r Saint John; and the following Extracts from them, contain the voyaRe thence, and other subsequent transactions material in the present eiiquiry Cb^amplain, Edit. 1613. •< From the River Saint John we were at four Ulands,on one of which we were ashore, and there found a great abundance of Birds called Mar- goes, of which we took a number of young ones, as good as young pigeons The Sieur Poitnncourt was near losing himself there, but finally returned to our Bark as we were going to search for him round the Island, which is three leagues distant from the main laud. " Further to the west, there are other Islands, one containing six leagues, called by the savtges Manthane, to the South of which there are, among the Islands, many go«d ports for vessels. From the Isles of Murgos we were at a River in the main land, which is called the River of the Etchemins, a nation of savages so named in their own country; and we passed by a great number of Islands, more than we could count, pleasant enough, containing some two leagues, others three, others more or less. All these islands are in a bay which contains, in my judgment, more than fifteen leagues in drcumfcrence. in which there are a number of convenient places to put as great a number of vessels as one pleases, which in their season abound with fish, such as Cod, Salmon, Bass, Ilenings, Ilaitu.iS, and other fish in great numbers. Making west north west through these Islands, we entered into a large River which is almost half a league hnmd at its entrance, where having made a league or two, we found two Islands, the one very small, near the shore on the west, the other in the middle, which may have eight or nine hundred paces in circumference: The Banks of which are rocky, and three or four toises high, except a small place, a point of sand and clar/ which may serve to make bricks and other necessary things. There is another sheltered place to put vessels, from eighti/ to one hundred tons, but it is dry at low water. The island is filled with firs, birches, maples and oakes,— of itself, it is in a good situation, and there is only one side where it slopes about forty pacc.x, which is easy to be fortified; the .*/iore* of the Main land, being distant on each side about nine hundred or a thousand paces. Vessels cannot pass on the river but at the mercy of the cannon on the Island, which is the place we judged best, as well fcr the situation, the goodness of the country, ns for the communication we proposed to have with the Savages of llie Coasts, and the interior country, being in the midst of them. This place is named by the name of the Island St. Croix. Passing higher up, one sees a great Buy, in which there are two Islands, one high, the other low; and three rivers, tu.'o of a middling size, one going off towards the East, and the other to the North' 70" ' {'I »i' ! liii ■I 278 Jippendix. and the third is large, which goes to the West. This is that of the Etchemina, of which we have spoken above; ((uing into it two leagues there is a Jail of water, where Nn. 3S. ■rpnri ly t^hari thc savascs corrv their canoes by land, about five hundred paces, afterwards re-enter- Urnxin, lino I.I Hie O J J i I ' mTMi"'j'h"*T '"8 ''> ''''"" ^''>icl) afterwards, crossing over a small space ol land, one goes into the I II' of I7M. ill ofihouMiyof river Nortmbequt and of St. John. « In tliis place of the fall, which the vessels cannot pass, because there is nothing but rocks, and that there is not nnore than four or five feet water in May and June, they take as great abundance uf Bum and Herring, as they can lode in their vessels. The soil is very fine, and there are about fifteen or twenty acres of land cleared, where the Sieur de Monis sowed some grain, which came up very well. The savages stay here sometimes five or six weeks during the fishing season. All the rest of the country is a very thick forest. " If the land was cleared, grain would grow there very well. This place is in forty five degrees and one third of Latitude, and the variation of the Magnetic needle is seventeen degrees and thirty two minutes. << Not having found a place more fit than this island, we began to makes Barricade on a small island, a little separated from this Island, which served as a [>latform fur our cannon. " Every one employed himeelf so faithfully, that in n little time it was rendered a defence; then the Sieur dc Monts began to employ the workmen to build the houses for our abode. After the Sieur de Monts had taken the place for the Magazine, which was nine toises long and three broad, and twelve feet high, he fixed on the plan of his own lodging, which was immediately built by good workmen. He then assign- ed to each his place." — " We then made some gardens as well on the main land as on the island." — " The Sieur de Monts determined on a change of place, and to make another habitation to avoid the cold, and evils which we had in the Island St, Croix. Not having found any port which was proper fur us then, and the little time we had to lodge ourselves, and to build houses for that purpose, we caused two barks to be equipped, on which was laden the carpenters' work of the Houses of Saint Croix, to be carried to Port Royal, twenty five leagues from thence, where we judged an abode would be more mild and temperate." In his Edition of 1G32, after the above passage, where he mentions the Latitude and variation of the needle, he adds, " Ii! this place was the habitatiun made in 16U4." — And then immediately com- mences another chapter as follows — " From the said River St. Croix, continuing along the coast, making twenty-five leagues," wc passed by a great number of Islands, &c. L'Escarbot Edition, of 16 ;8. — ''Leaving the River Saint John, they came following the coast, at twenty leagues from thence, in a great River (which is properly Sea) where they encamped in a small island, in the middle of it, which being found strong by nature and of easy defence, besides that the season had began to pass, and therefore it became them to think how they were to be lodged without going further they resolved to stay there." — " The company staid there in the middle of a large River, where the wind from the North and North west blows at pleasure, and b<.oausc at two leagues above there arc some streams, which coming crosswise do discharge themselves into this large arm of the sea. This Island, the retreat of these French, was called Sainte Croix, twenty-five leagues more distant than Port Royal." " Before we speak of the return of the ships to France, it becomes us to say that the Island of Saint Croix is very difficult to be found by one who has never been there: For there are so many islands and great Bays to pass before one comes there, that I am astonished how any one had the patience to penetrate so far to go to find it. There are three or four mountains high above the others on Uie coasts, but on the 370 north part iVomwItero the Hi ver comes down, there isa/;(»m/«r/o/ie more tliuii two leagues t'ijipenJix. diilant. The wooila of thtt Main land are handsome and high to admiration, and so "' i:t the herbage; there are ttreams of fresh water very ngrecalilc, where many of the RriKin iiy RitiH^n peoide of the Sieur de Monts did their work and hutted there. As to the nature of <'"i»mM"""< the sod, It IS very good, and happily rruitfid; for the sieur de Mont«, having cati^ted a »''i< ortinucu/ piece of land to be ciiltivnied and sown with Uye, (I have not seen any wlieat there) he had not the mcana to attend to it.s maturity to gather it, the grain which fell, had notwithstanding grown and shot up again wonderfully, so that two years after we gathered of It as fair, large and heavy as any in France, and which this soil has pro- duced without culture, and at present it continues to increase every year; the said Island is about half a French league in circuit, and at the end towards the sea there ia a Hillock, and as it were a separate small island where the said Sieur de Monts placed his cannon; and there is also a small chapel built in the fashion of the savage?, at the foot of which there are so many muscles as to be wonderful, which may be gathered at low water; but they are small. " During the said voyage, the Sieur de Monts worked at his fort, which he had seat- ed at the end of the island opposite the place where we have said ho lodged his can- non, which was prudently considered, to the end to command the River up and down; but there was one inconvenience that the said Fort was on the side to the North with" out any shelter except the trees which were on the Dank of the island, all of which thereabout he had forbid to be cut down. Without the fort the Swiss had their Bor- racks, which were large and ample, and some small ones making an appearance like a suburb; some had their huts on the mniii land, near the stream, but within the fort; were the lodgings of the said Sieur dc Monts, made of fair and skilful carpentry witii the banner of France on the top. " In another part was the Magazine, where was deposited the safety and life of all; also of good carpentry and covered with shingles, and opposite to the Magazine were the lodgings, and houses of the Sieur De Orville Champlain^ Champilore, and other persons of distinction; opposite to the lodgings of the said Sieur de Monts was a covered gallery, to exercise for amusement, or for the workmen when it rained; and be- tween the said fort and the platform of the cannon, all was filled with gardens. " The severe season being passed, the Sieur de Monts, tired of his sorrowful abode of Saintc Croix, determined to search for another port in a country more warm and more to the south. Having seen the coast of Mallabarre, and with much labour, without finding what he desired, he determined to go to Port Royal, to make his stay there, and wait until ho should have the means to make a more ample di.scovery: So every one was employed to bind up his pack, and they demolished what they had built with in- finity of labour, except the Magazine, which was too large to be transported." Subsequent to the view of the mouths of the Rivers in question, and the adacent objects, by the Commissioners, at the instance of the Agents, in the fall of 1796, the Edition uiChumplain^oi 1613, was procured from Europe, containing a Map of the i.sle Sainle Croix, a copy of which is hereunto annexe 1, and a search having been then made by digging into the soil on the island called Bone, or Docius, Island, bricks, charcoal, spikes, and other artificial articles have been found, and evident foundations of buildings have been traced. Whoever will compare these proofs with the Bay of Passainaquoddy, including the islands and river in it, will perceive that they result in demonstration that the Island St. Croix, and the River St. Croix, intended by them, are re.tpectively Bone Island, and the River Scudiac, comprehending in the latter the arm of the Bay, or as it is expressed by L'Escarbot, Sea, between where the mouth of the River has been decided to be, at Joe's Point, and where it turns to the westward ot the Devil's Head, as being at the time when the name of Saint Croix was original- ly given to the Scudiac, then actually, however itnpraper/i/, conceived to be a portion 990 Jtppendir. of it, and accordingly donominatfd Kiveb; and here it would acem Ihcio would haTo J]__" been an end of the Qdnation. Hut the Agodt on thn part of the United Slaiea mated fcport bjr Eibm " that Mitchi'M's Map publiahcd, in 1 735, wna ri«fore the CommiMion«r(t who npitoiiaiwl BMIIMtn, Ollfl or 1114 1 I a ■ 1 uX'IK'ilh'i'rti. '" *""'''"""«' "'« proviaionaj treaty of peace at Paria in 1789; from that thpy took ttiiUy '"•'' '^*''" '•'*" "'^ *** country, upon tha» they marked the dividing lino betwtmi the two nation*, and by the line marked upon it their intention i» well explained, that the River intended by the n*me of the Saint Croix, in the Treaty, waa the Kastern rirer which emptiea ita waters into the Hay of Paaaamoquoddy." And he thereupon offered in evidenco the testimony of the Three Anicriean Com- miisioner«, as contained in the following depositions of two of thorn, and Letter from the other, to Mr. Secretary Jefferaon, of the 8th of April, 1790, and also a Map of Mitchell, as the identical copy which the Commissioners had before them at Parrs, having been found deposited in the Office of Secretary of SUte for the United Status, and having thceaatern boundary of the United States, traced on it with a pen or pen- cil, through the middle of Iho river Saint Croix, as laid down on the Map, to its sourea, and continued thence North, as far as to where most pi obably it waa supftosed by who- «ver it waa done.— The Highlands mentioned in the Treaty, are: PRESIDENT ADAMS* DEPOSITION. " Mitchell's Map waa the only Map or plan which was used by the Commissioners at their public conferences, though other Maps were occasionally consulted by the Ameri- can Commissioners, at their lodgings. The British Commissioners at first claimed to Piscataqua river, then to Kennebec, then to Penobscot, and at length agreed to St. Croix, as marked on Mitchell's map. One of tiio American Ministers at first proposed the River Saint Johns, as marked on Mitchell's map; but his colleagues observing that as St. Croix waa the River mentioned in the charter of Massachusetts Bay they could notjustify insisting on St. Johns, as analtimutum, he agreed with thom to adhere to the charter of Massachusetts Bay; but whether it was understood, intended, or agreed be- tween the British and American Commissioners, that the River Sf. Croix, as marked on Mitchell's map, should so be the boundary as to preclude all inquiry respecting any error or mistake in the said Map, in designating the River Saint Croix, or whether there was any, and if so, what understanding, intent, or agreement between the Com- missioners relative to the case of error or mistake in this respect, in the said Map, that the case of such supposed error, or mistake, was not suggested, and consenuonlly there was no understanding, intent or agreement expressed respecting it." GOVERNOR JAY'S DEPOSITION. "Ill the course of the negotiations, dillicullies arose respecting the c;istern boiinda- ly of the United States. Mitchell's map was before them, and frequently consulted for (icographical inlormation. In settling the boundary line (described in the Treat}) and of which the River Saint Croix forms a part, it became a question, which of the rivers in those parts was the true River St. Croix, it being said that several of them had that name. They did finally agree that the River St. Croix laid down in Mitchell's Map, was the River Saint Croix which ought to form a part of the said boundary line; but whether that river was so decidedly and permanently adopted and agreed upon by the parties as conclusively to bind the two nations to that limit, even in case it should af- terwards appear that Mitchell had been mistaken, and that the true River Saint Croix was a different one from that which is delineated by that name in his Map, is a question or a case which he does not recollect, nor believe, was then put or talked of. For his own part, he was of opinion that the Easterly boundirics of the United States, ought, on principles of right and justice, to be the same with the Easterly boundaries of the late Colony or Province of Massachusetts." <281 \.t, -M UK. FR\NK1.IN'8 LKT'IEK: ,f,,ptu(/u: •'I rficcivcil your letter of llie 3 tslpa.it, relating to ihooncroaelimcudinadu on thuKait- ■ ern limit* of the United Slates, hy settlers under the ilritisli(iovernnient,prutcniling that B'nw, owoirh. ili* the Western and not the Eastern river, of the Hay of pHSSAmiquutldy, which was •)•'' moSitiMihi* designated by the name of Saint Croix in the Trinity of Peace with that nation, and re- ^'^' questing nie to communicate uny fads which my memory or papers may enahle me to recollect, and which may indicate the true Hivcr the Cummisiiuiiers had in view to establish as the boundary between the two nations. I can assure you that 1 am per- fectly clear in the remembrance that the Ma)> we used in tracing the boundary between the two nations, was brought to the Treaty, by the Guinmi.Hsioncrs from England, and that it was the same that was published by Mitchell, above twenty years before. Thai the Map wc used was Mitchell's Map, Congress was acquainted at the time by a letter to thuir Secretary for Foreign Affairs, which I >|iose niay be found upon their files.'* The Agent on the part of Mis Majesty having excepted to these proofs, on the ground that the matter to be proved by them was not admissible in evidence, they were re- ceived, subject to tlvc eventual opinion of the lioard on the Question, whether they were to be retained or rejected? A boundary linj which Mitchell has on his Map, is the only indication of the river he intended by the Saint Croix; his intent or minJ in this respect cannot be discovered from the relative situation of the Kiver, or of the lake, laid down as iti source, or from the course or length of the River, or the form or magnitude of the lake, or indeed from the supposed representations rf any natural or sensible objects; that part of the Map which contains the Bay of Fassama- joddy, and the rivers issuing into it, being, as to such objects, erroneous or imperfect in the extreme: — The boundary line alluded to, is drawn along the western side of the River Saint Croix to the Lake as its source, and thence round along the Southerly and Westerly sides, and so far along the northerly side of the lake, until it comes to the most northern part of it, and thence it is direct towiirih (he North, " to the river St. Fiarna- bas, hting the nearest river discharging itself into the Great Itiver of Ctnada." This line was certainly intended to represent, what was esteemed at the time to be the boundary of Nova Scotia, from the. mouUi of the St Croix to the River of St. Law re nee. The Mup and the other proofs connected with it, therefore, instead of being of auj avail to the parly exhibiting them, they are in confirmation of the very principle of the claim of the opposite party, that the River inleniled in the Treaty, is the River intend- ed in the Grant for Nova Scotia; the reasoning from them being briefly that the imme- diate Agents who made the Treaty, intended the River which was intended by MitcltcH, and that he intended the river which was intended in the Grant for Nova Scotia; so that, asdoubtlcHs will bo perceived, any further consideration of ihceie proofs, or a decision of the question respecting them, reserved for the. opinion of the Board, became unnecessary. With respect to the source of the river, the difHcultics which occun-ed in determin- ing it may easily be imagined. In all cases it would be diflicult to determine the source of a river, when it is to bo ascertained to a precise spot, to a point from which a live is to be drawn. If it is to be ascertained, or as it may be phrased, found, aa a previously assumed station, in a botmdary, evidence of where strangers reputed it to bo, or where par- ies intended it should bo deemed to be, might be proper, and under the circumstances of the case, to be adopted as that which ought to be preferred, and as com|)Ctenl]y de- cisive. No such evidence, however, existed in the present instance; the several branches and head waters of the river have remained unexplored, and the adjurent country unset- tled,, and almoit unfrequented; so that the only knuwledgq of the river, from tlie Fall» 71.« n- h 1r. [I i J -V.,-H >>♦. .-v ^^-^ ■''t'i^l 'Lk-^l 38£ '^''^^"e'^' '" '^ "Pw^'^'was scarcely more than what was prinitively communicated to the first H ■ voyagers there, by the aboriginal savages; namely, that from the head waters to the n""5;,„'oj;e%„''^''*'' ^^^^^ ^"'" a portage to the Norembeque, now Penobscot; and from those to the J°;''.te Sr,"ic?. "°'"^'^' ^"^"^ "^-^ °"^ *° ^^^ ^'- -^o"^"' 'e' »' suffice therefore to intimate, that the or^ihe i«.ty of reference, as it respected the source o( the River, being as it were an appeal to mere judgment or opinion, is in that view analogous to cases of assessment of damages not capable of being liquidated by calculation, or definite nile, and therefore to be as- sessed according to discernment^ or discretion; a latitude of arbitrament is in ouch cases supposed to be permitted to the Jurors, but as they must at the same time agree ip A precise sum, accomn.odation of rantiment among them to a degree is necessary and consequently justifiable. There is still a question concerning the boundary be- tween the two nations, in that quarter, and originating also in the Treaty of Peace: but partaking of the nrture of an omitted case, can be settled only by negotiation, and compact. The Treaty supposes the St. Croix to issm immediately into the Bay of Fundy, and of course, th».t there would be an entire sea board boundary, if it may be so ex- pressed, between the terminatior. of the Southern, and the commencement of the eastern boundary of the United States; and it also intended, that where the eastern boundary passed through waters which were navigable, that both nations should equal- ly partic;.jate in the navigation. The Question then is. How w the boundary in the intermediate space between where the mouth of the St. Croix hath been decided to be, and the Bay of Fuady, to be established, most consistent with the Treatv? In an- swer to which it may be suggested, that the boundary should be a line, passing through one of the passages between the Bay of Fundy and 11 the rights members and appurtenances whatsoever thereunto belonging Now know you that we have revoked and determined and by these presents do revoke and determine the said recited Letters Patent and every clause article and thing there- in contained And further know you that we reposing especial trust and confidence in the prudence courage and loyalty of you the said Charles Duke of Richmond of our especial grace certain knowledge and meer motion have thought fit to constitute and appoint you the said Charles Duke of Richmond to be our Captain General and Governor in Chief in and over our said Province of New Brunswick bounded as hereinbefore described. In witness &c. Witness &c. the eighth day of May. By Writ of Privy Seal. BABZ. or DALHOUSI£, VEW BH UB i a WIO g , 1819. Second part Patents of thefrst year of Kinff George the Fourth. 6.riofD.n,ou.ie, ^^*"'«*' '''^ ^""'"^'^ ''>' *''^ 8"*=^ °^ ^^'^ "^ "^^ ^'"''^d Kingdom of Great Britain JHJ»- ' and Ireland King Defender of the Faith 'I o our riglit trusty and riglit welbcloved Cousin and Councillor George Earl of Dalhousie of that part of our United Kingdom called Scotland Knight Grand Cross of the Most Honorable Military Order of the Bath Lieutenant General of our Forces Greeting Know you that we reposing espe- cial trust and confidence in the prudence courage and loyally of you the said George Earl of Dalhousie of our especial grace certain knowledge and meer motion have thought fit to constitute and appoint you to he our Captain General and Comman- der in Chi^ in and over our Province of New Brunswick in America bounded on the westward by the mouth of the River Sui-it Croix by the said River to its source and by a line drawn.due north from thence to the southern boundary of ourPro- vince of Quebec to the northward by the said boundary as far as the western ex- tremity of the Bay de Chaleurs to the eastward by the said Bay and the Gulph of Saint Lawrence to the Bay called Bay Vurtc to the south by a line in the centre of the Bay of Fundy from the River Saint Croix aforesaid to the mouth of the Musquat River by the said River to its soitrce and from liwnce by a tlue east line across the Isthmus into the Bay Verte to join the eastern line above described including all Islands within six leagues of the Coast with all the rights members and appurtenances what- soever thereunto belonging. In witness &c. Witness &c. the twelfth day of April. By Writ of Privy Seat.. APPENDIX, No. XXXVIII. EXTRACTS raoK THE COMMISSIONS OF GOVERNORS, &c. PROVINCES OF UPPER AND LOWER CANAD;*. Crnig, K. B. 1807. I JAJCM Haarav oxazo« kb. vmm aits Ziowm OAarASiA, uor. Twelfth Part of Patents in the Forty seventh year of King George the Third. Sir James Hekry Craio K. B. Governor of Upper and Lower Canada, George the Third by the grace of God of the United Kingdom of Great Britain and Appendix Ireland King Defender of the Faith To our Trusty and welbeloved Sir James Henry No. 38. Craig Knight of the most Honorable Order of the Bath Lieutenant General of our Extra^Ti^Tm u,. Forces Greeting Whereas we did by our Letters Patent under our Great Seal of SZllSr'of'lj'p! Great Britain bearing date the fifteenth day of December one thousand seven Aun- K*'"'""""^^" dred and ninety-six in the thirty-seventh year of our reign constitute and appoint our »ir j.ii;;;: Henry trusty and welbeloved Robert Prescott Esquire Lieutenant General of our Forces to*^'"'" " " '""" be our Captain General and Governor in Chief of our province of Upper Canada and of our province of Lower Canada respectively bounded by a line to commence at a stone boundary on the north bank of the Lake Saint Francis at the Cove west of point au Baudet in the limit between the township of Lancaster and the Seigneuric of New Longuevil running.along the said limit in the direction of north thirty-four de- grees west to the westermost angle of the said Seigneurie of New Longuevil thence along the north western Boundary of the Seigneurie of Vaudreuil running north twen- ty five degrees east until it strikes the Ottawas River to ascend the said river into the Lake Tomies Canning and from the head of the said Lake by a line drawn due north until it strikes the boundary line of Hudson's Bay The province of Upper Canada to comprehend all such Lands Territories and Islands lying to the westward of the said line of Division as were part of our said province of Quebec and the province of Lower Canada to comprehend all such Lands Territories and Islands lymg to the eastward of the said line of Division as tvere part qf our said province of Que- bec Now know you that we have revoked and determined and by Uiese .jresents do revoke and determine .he said recited Letters Patent and every clause matter and thing therein containe.1 And further know you that we reposing especial trust and confi- dence in tlie prudence courage and loyalty of you the said Sir James Henry Craig of our especial grace certain knowledge and meer motion l)ave thought fit to constitute and appoint you the said Sir James Henry Craig to be our Captain General and Governor in Chief oi our said province of Upper Canada and of our said province of Lower Canada respectively bounded as hcreinb^ore mentioned. In Witness &e. Witness &R. the twenty ninth day of August. By Writ qf Privy SeaU I 3S8 ! 1 i i! tdppendix. No. 38. am OBOHOB pRBvosT, vFma and Xiowmt oavaba, uu. Ninth Part of Patents in the fifty-first year of King George the Third. EllrftCiH from the CommlMlviHonhe — — -- -* anvurnora of Pp. Sib Gkorob Phevost Daht. Hr^nilLowerCi- "*'*■ Governor of Canada. J'lr Oeo. Prevent, George the Thii 1 by the grace of Go«l of the United Kingdom of Gre-:t Britain and Ireland King Defender of the Faith To our trusty and welbeloved Sir George , Prevost Baronet Lieutenant General of our Forces Greeting Whereas we did by our Letters patent tender our Great Seal of our United Kingdom of Great Britain and Ireland bearing date the 29th day of August one thousand eight hundred and seven in the forty seventh year of our rcigti constitute and appoint our trusty and well beloved Sir James Henry Craig F.night of the most Honorable onler of the Bath Lieuten- ant General of our Forces to be our Captain General and Governor in Chiff qf our Province of Upper Canada and of our Province qf Lower Canada respectively bounded by n line to coinmenee at a stone boundary on the north bank of the Lake St. /^rancts at the Cove west of Point au Baudot io the limit between the town- ship of Lancaster and the Seigneurie of New Longuevil running along the said limit in the direction of north thirty four degrees west of the westermost angle of the said Seigneurie of New Longuevil thence along the north western boandary on the Seig- fieurio of Vaudreuil running north twenty-live degrees east until it strikes the Ottawas river to ascend the said river into the Lake Tomis Canning and from the head of the said Lake by a lino drawn due north until it strikes the boundary line of Hudson's Bay the province of Upper Canada to comprehend all such lands Territories and Islands lying to the westward of the aaid line of division as were part of our said province of Quebec and the Province of Lower Canada to comprehend alt such lands Territo- ries and Island") lying to the eastward of the said line qf division as were part of our said Province of Quebec — Now know you that we have revoked and determined and by these presents do revoke and determine the said recited Letters patent and every clause article or thing therein contained And further know you that we reposing especial trust and confidence in the prudence courage and loyalty of you the said Sir George Prevost of our especial grace certain knowledge and meer motion have thought fit to constitute and appoint you the said Sir George Prevost to be our Captain General and Governor in Chicot our .said province of Upper Can.'»da and of our said province of Lower Canada respectively bounded as herein before described. In Witness &c. Witness &c. the twenty-first day of October. By Writ of Privy Seal. J. C. Sherlimoke, J. O. SBSBBBOOSB, UPPER AHD X.OWSR OAVADA, U1& Sixth Part Patents of the Fifty-sixth year of King George the Third. George the Third by the grace of God of the United Kingdom of Great Britain and Irchind King Defender of the Faith Toourtiusty and welbeloved Sir John Coapo^ Sherbrooke Knt Grant! Cross of the most Honorable Military order of the Bath Greet- ing Whereas we did by our Letters patent under our Great Seid of our United Kingdom of Great Britain and Ireland bearing date the twenty eighth day of Df rember one thousand eight hundred and fourteen in the fifty fifth year of our reign appoint our trusty and welbeloved Gordon Drummond Esqr. Lieutenant General of our Forces to administer the Government of our province of Upper Ca nda ^tnd r.f our province of Lower Canada respectively bounded by a line to commence at a S^89 atont hnumdary 6it the rurtk bank a/ the Lake St, Frmnci* at the Cove west of Appendix. PoMi4 au IJaudet in tlic limit b«twe«n liio township of Lanearterand the Seigneurie of *'"• ^*' New I^oiigiwvil rumuriK »•«"! ">e snid limit in the direction of north thirty four de- lutiac. ivom u., grees we»t to the we«tern.©«t angle of the said Seigneurie of New Longuevil thence Jiov™,l^r"Tiv! ilong the north western boundary of the Seigituiirie of Viuidreuil running north Iwen- K"'"'""""'''' ty IJTe degrees eist until it strikes llic Ottawa* river to ascend the said river into the J- c. 8h«hrook», Lake Tomis Canning and from the head of the said Lako by a line drawn due north until it strikes the boundary line of Hiuldon's Bay — The Province of Upper Canada to comprehend all such lands territories and islands lying westward of the said line of division as were part of our province ol Quebec and Ihe prmnnce of Lower Canada to comprehend all such Lands Tentments and Islands lying to the east- ward of the »aid Line of division as were part of our said province of Quebec Now know Ye that we have revoked and determined and by these presents do revoke and determine the said recited Letters patent and every clause article or thing therein contained And further know you that we reposing especial trust and contidence in the prudence courage and toyalty of you the said Sir John Coape Sherbrooke of our espe- cial grace certain knowlecfge and mere motion have thought fit to constitute and ap- point you the said Sir John Coape Sherbrooke to be our Captain Generaf nnd Go- vernor in Chief of our said province of Upper Canada and of our said province of Lower Canada respectively bounded as licrtinbefore described, • ••• •••«»■. Iq Witness, &c. Witness &c. the twenty fifth day of March. By Writ of Privy Seal. mnEB or biobbkoitd, uvpbe avd z.o-wi>a oaxtaba, iuk Eighth Fart Patents of the Fifty-eighth year of King George the Third. George the Third by the grace of God of the United Kingdom of Great Britain DakeofRichmnni and Ireland King Defender of the Faith To our Right Trusty and Right entirely be- '*""*' loved Cousin and Councillor Charles Duke of Richmond Knight of the most Noble order of Ihe Garter General of our Forces Greeting VVhereas we did by our Letters patent under our Great Seal of our United Kingdom of Great Britain and Ireland bear- ing date the twenty-fifth day of March in the fifty-sixth year of our reign consti- tute and appoint our trusty and welbelove*! Sir John Coape Sherbrooke Knight Grand Cross of the most Honorable Military order of the Bath Lieutenant Gen- eral of our Forces to be our Cu|>tain General and Governor in Chief in and over our province of Upper Canada and otir province of lAnver Canada respectively bounded by a line to commence at a stone Boundary on the north Bank of the Lake St. Francis at the Cove west of Fort au Baudet in the limit b'^tween the township of Lancaster and the Seigneurie of New Longuevil rnnniiig along the said limit in the direction of north thirty-four degrees west to the westernmost angle of the said Seigneurie of New Longuevil thence along the norlh-westerii boundary of the Seigneurie of Vaudreuil running north twenty five degrees East until it strikes the Ottawas river to ascend the said river into the Lake Tomis Canning and from the head of the said Lake by a line drawn due north until it strikes the boun- dary Line of Hudson's Bay The Province of Upper Canada to compri-hend all such lands territories and Islands lying to the westward of the snid line of Division as were part of our Province of Quebec and the Province of IjOiocr Canada to comprehend all such Lands Territories and Islands lying to the eastward of ihe snid line of Division as were part of our said province of Quebec Now know you that wc have revoked and determined and by these presents do revoke and determine the said re- 73* 390 Jippendix. cited Letters patent and every clause article or thing therein contained And further ^°' ^* ' know you that we reposing especial trust and confidence in the prudence courage and Knraew from ibj loyalty of you the said Charles Duke of Richmond of our especial grace certain know- *«inara of Vf- ledge and meer motion have thought nt to constitute and appoint you the aaid Charlei null. Ihikt of Richmond to be our Captain General and Oovemor in ChiiJ' cf our said Ot^o^haioai province of Upper Canada and qf our said province q/" Lower Canada respectively bounded as hereinb^ore described f In Witness &c. Witness &c. the eighth day of May. By rVrit qf Privy Seal. I '-' Bjuu» OF JtMiMitjnaa, vma. awo XiOWhr oavada, uisl Second Part Patents qf the first year qf King George the Fourth. Kkrisrsiiiioi«fi«, George the Fourth by the giace of God of the United Kingdom of Great Britain and Ireland King Defender of the Faith To our trusty and right welbeloved Cousin and Councillor George Earl of Dalhousie of that part of our United Kingdom called Scotland Knight Grand Cross of the most Honorable Military Order of the Bath Lieu- tenant General of our Forces Greeting Know you that we reposing especial trust and confidence in the prudence courage and Loyalty of you the said Oeorge Earl qf Dal- housie of our especial grace certain knowledge and mere motion have thought fit to sonstitute and appoint you to be our Captain General and Oovemor in Chit^ in and over our province of Upper Canada and in and over our province qf Lower Cana- da respectively bounded by a line to commence ai a stone boundary on the north bank of the Lake St. Francis at the Cove west of the Point au Baudet in the limit between the township of Lancaster and the Seigneurie of New Longuevil running along the said limit in the direction of north thirty-four degrees weai to the western- most angle of the said Seigneurie of New Longuevil thence along the north western boundary of the Seigneurie of Vaudreuil running north twenty-five degrees east until it strike the Ottawas River to ascend the said river into the Lake Tomis Canning and from the head of the said Lake by a line drawn due north until it strikes the bounda- ry line of Hudson's Bay The Province of Upper Canada to comprehend all such lands TeiTitcrics and Islands lying to the westward of the said line of division as were part of our Province of Quebec and the province qf Lower Canada to comprehend all stich lands Territories and Islands lying to the eastward of the said line qf JJi- vision aswerepart of our said province of Quebec. In Witness &c. Witness &c. the twelfth day of April. By fVrit of Privy Seal. APPENDIX, No. XXXIX. BXTRAcrrs PINKERTON'S MODERN GEOGRAPHY, REES' CYCLOPAEDIA, An SUPPLEMENT TO BNCTCLOP^mX BRITANKICA. MOSaaV OBOOBAVBT, BT JOB* KK TOV. ' SCOTLAND — CHAPTER IV. " Face of the country. — The face of the country is in general mountainous, to the '^pptndix. extent, perhaps, of two thirds ; whence the population is of necessity slender, in ^° ^^ ' compari*on with the admeasurement. But the name of Hiithlands is more strictly ^'""' '""" ■''■< „ . "^ ' kaiion'i Ueofii confined to Argyleshire, the coast of Perthshire, and of Inverness ; and the entire >*^ counties of Ross, Sutherland, and Caithness." ■ SZTXUKTr FROM GUTHRIE'S GEOGHAI'HICAL GRAMMAR.— SCOTLAND. « Boundaries.— Scotland is bounded on the South by England ; and on tiie Nortii, Exironf,«m(;uii, East, and West, by the Deucalcdonian, German, and Irish seas, or more properly, or.nm^.'"'"''"" the Atlantic Ocean." TBB OTOZiOPBDXAi 1)Y ABRAHAM UKE9, " Highlands, a natural division of Scotland, formed by the Grampian Mountains, EiuMirroinHow and including the northern and mountainous Provinces, and applied to this part of the ^'"'"'**'*' country in contradistinction to the '' Lowlands," wiiich comprehend tiie southern districts. The appellation of Highlands is more strictly confined to Argyleshire, the coast of Perthshire, and of Inverness, and the entire counties of Ross, Sutherland, and Caithness, extending also to the Hebrides or VVcsiern Isles. Tlie whole of this district is wild, rugged, and mountainous, separated by vales, from which the direct nnys o*" the sun are for some months intercepted by the elevated mountain, and into which the rivers flowing from tliem are precipitated." t >l :!.; i 392 tSppendix. No. 39. RitmcU fVoiiiflup- ^■iml la Kncjt- Llaywili •rluoul- FROM THE SECOND VOLDMK OF fHF. 8UPPI,KMEMT TO THE ENCYCLOPEDIA BRITANNICA.— ARTICLE "CALKUONIAN CANAL." Fill Ml if Httsn. « So early aa tho year 1771, Mt. J«*Ka Wa(l, of 9oh«, to whom mankind and the arts are so much indebted for his improvements in the steam engine, was appointed by the Trustees or Commissioners for certain forfeited estates in Scotland, to make a survey of the central Highlands. Mr. Watt, in his report to that public body, re- commended, amongst other improvement* fior the Highlands, the formation of tho Crinan Canal, which has, long since, been executed, and also the Caledonian Canal, from Inverness to Fort William, now in progress, and which we are immediately to describe. • • • • • • • • • • • • The Lords of the Treasury, in 1802, directed Mr. Tel- ford, Civic Engineer, U make a survey of tho coasts and central Highlands of Scot- land. The Report wbieh he in consequence drew up, involves a variety of considera- tions connected with the improvement of the Highlands, and the employment of the population of these districts ; but tho part of it which we are more particularly to ooniider, is that which refers to the proposition of an inland navigation from Loch Beauly and the German Ocean oa tke Eastern Coast^ to Loch £il and the Atlantic Ocean on the Western Coast." • ♦ • • * «• The extent of the navigation comprehended in the middle distriot is about twelve miles. The whole height from the Beauly Firth or the East Sea to i^ooh Oich, the summit level of the canal, is stated at about 94 feet ; and as »3 feet of this has been overcome in rising to Loch Ness, it appears that about 41 feet will form the rise of the lockage of the middle district, while the fall on the western side to Lo«h Eil is enly 90 feet." APPENDIX, No. XL. EXTRACTS POWNALL'S TOPOGRAPHICAL DESCRIPTION PART OP THB MIDBLE BRITISH COLONIES IN AMERICA. " In like Manner the Courses and the Currents of the great Rivers, with their Appendix. attendant Streams and Rivulets, by the line of their course, and by the Nature of the ^o. 40. current with which they flow, mark the Height qf the Land, the Peclination of its £j„„, t,^ torn sides, and its abrupt Descents or level Plains." mH'i ro|K>|r>phl- eal DoKrlpttou of " When we proceed to a more exact detail of this Country, so as to examine it in its ^*v » parts, we must observe, that as the Country in General is divided into different Stages, so the general Face of it contained in this map is divided into Two distinct and very different Tracts of Country, viz: Into that Part which lies W. and S. W. of Hudson's River, and that which is E. and N.E. of Hudson's River and Lake Champlain. This specific Difference will be marked in the descriptions which I shall give of each part. It will be sufficient here to say, that the mountains of the Western Division, begin- ning from an immense high Tract of land lying in the Angle formed by the Mohawks and Hudson's Rivers, go off in an Angle from Hudson's River in one general Trend- ing in parallel and uniform Ranges of Ridges South Westerly to West Florida and Louisiana. The mountains of the other division on the east side of the River run in like uniform Ranges, but in a Direction almost due North and South parallel t.^ the River, and end in steep ridges and bluff Heads at or near the Coast on Long Island Sound: And in the Latitude 45 or thereabouts, turning Eastward run away to the Gulf of St. Lawrence." "The Hudson's River arises from Two main Sources derived by Two Branches p«i«w- which meet about Ten miles above Albany, the one called the Mohawks' River (rising in a flat level Tract of Country, at the very Top or Height of the Land to Westward) conies away E. and S. E. at the foot, on the North Sides of the Moun- tains, which the Indians call by a Name signifying the Endless Mountains." " From the junction of these Uranches, under the name of Hudson's River, it runs nearly South, and p.issing what is called the Narrows, between Long Island and Staten Island, runs out to Sea by Sandy Hook; in its course it passes by the City of Albany, and then under the Eastern Foot of the Kaats'-kill Mountains and the Highlands of 'Sopos; but the extraordinary and very singular Passage which it has, is through a Range of very high and mountainous Lands, about 13 miles across, called the Higli- lands, running directly athwart its course; for as though a Chasm had been split in this Range of Mountains to make way for it, it passes in a deep still channel near a mile Pu«ii. 394 •^P^P^endix. broad, with one Eig.ag only, through theK, MounUin* piled up almo.t .H.«rpendicul«r ' to a inoit astonishing height on each side of it. " Ritrwit rmm Panrnairi Tupu rr.M'.'n':?:"' " "«»»'««" '^e northern Part of the Hudson's River and the Southern Parts of the p-iTa ^'•''" '"'1 "rowned Land, i. //« lUighl q/tht Lu,ido( about U or U Miles Urcadth. whence the waters run diflcrcnt ways, Part to the South, Part to the North; over this Portage to Lake George is a Waggon Uoad, •'The Country between the Drowned Lands and Lake George, as the iournals of the European Scouts both French and English describe it, also according' to the in- formation which the Indians give of it, is a very impracticable Country." rsKH. "'''*''« ''•'o '» bordered oii tho West by a range of the Chicau6 MounUins, these terminate a little below East lla«lham, and tho face of the Country spreads in like manner into hilly Land, (which also form the East Boundary of the valo of Connec- ticut,) and on the East by one of the ranges of the OuiUchuset Mountain continuing South to Stonington. G.ing from the same line in Lot. 43, qf the greaUil Height qfthts Range of Mountains, and following them to the East northerly: They all seem to range as united until again divided by the Bay qf Chaleurs, an arm of the Gulf of St. Lawrence. "All the Rivers which have their Sources amidst the Northern Ridges of this great Range, fall into Canada or St. Lawrence River, as the St. Francis, Chaudiero, and many others. All which have their sources amidst the Southern Ridges, fall into the Bay q/ Fundi or into the main Ocean; their rise are almost universally from Lakes and Ponds, great Part of their first courses la in the valleys amidst the mountainous Ridges in the forms of drowned Swampy lands, or a succession of Ponds; and while they do so their courses are generally, | might say universally, from (I'est to East- AVhenever through Gaps or intersections they can get away Southward, they do so tumbling over almost continued Falls across the Ranges. If they happen to find a course along the side of any Spur or Branch which runs .South, it is otherwise, and their courses are free. But the other circumstance being that which forms in general tlieir characteristic Nature; these Rivers in general are very little capable of Marine Navigation to any length of Course within the Country; St. John's River in Nova Scotia excepted. "Connecticut River. This River rises in'North Latitude 45° 10', at the Fleight of the Land in Longitude J, East of the Meridian of Philadelphia. It hath its Birth in a Swampy Cove at the Height of the Land; after having slept for Eight or Ten Miles in this state of Infancy, it leaves the place of its Birth by tumbling over Four separate i-alis; It then turns to the West, and keeps close untier the Hills which form the northern Boundary uf the Vale in wiiich it runs and in Ten Miles further Course runn under the Little Monadnai-g Mountains for about Four miles, at the End it turns round a high Sharp Point, and for abo.t a Mile runs North West, till coming under a hid, m\ It turns again to the South West; at Two Miles and a Half Distance from hence a little River called /.<•«*'.« Stream fails into it, coming ,'oivn a Valley fron. th '. North West. This Stream interlocks with some of tho Heads of St. Francis's Wn ters, and has been formerly an Indian Uoad, From hence, running under the ' i's of the Western Boundary of the Vale, it comes in Six or Seven Milts Course to the Grand Monadnaeg Mountai^is on the West; as it runs Eight or Ten Miles further Course, it approaches the Mountains on the East side of the Vale, and runs under rocky Mountains on t'..; East. Almost opposite fo this, in a flat Swampy Intervil on the West Shore, then i. a Mineral Spring. About Eight Miles below this is the beginning of a new Set Ic. =„ , the First in the Course of this River; about Four Miles lower, opposite ( f ,• "iu.oerr^- River, which (alls into it from the East, are two. tuore Settlements." S95 pko n. ««Thc E«»lcrn Range begins by an humble lowly riirth about Hopkington, Mollis. Jlppendir. ton, or Medfordi the eutern Ridge of this keeps a Course North by Concord, and '^" *" runs serosa the River Merriinac at Pantookat'g Falls, it begins to grow more eonsider- t.u,^^.r^ able in the Province New Hampshire, and runs up into a high Ridge called Tower ?:."rMli,',%tTof Hill; it it depressed again, and again rises into rather a highor Ri'ljje called Saddle- '"'"'* back Mountain: It subsides, hut soon again rises in what is called Packer's Hill, it then ranges along the East of Winipissiockct Pond, and at the North Bast Boy of that runs up into very high Mountains called Ossipee Hills; it continues then the same Northern Course, and in Latitude 41, rises int. ho highest Mountains of this whole eastern Division called the White Hills, the Peak or Top of which being hare rocks of B. White (Irit and Talk, and blccched by the eternal Ik-ating of the weather, has a very uncommon appoarance: These Hills, although more than 70 Miles within I.and, aro seen many Leagues otf at Sea, and always appear like an exceeding bright cloud in the Hori2on, A Ridge of the same range, the next to the WestwanI, running on the West side Winlpi'Loioeket Pond, runs up at the North West Bay into a high Mountain of rod shelly Laiid, ard i.- called the Red Hill or Mountain; this Range falls also in with the While Hi'.li. A Range running hence crosses the East Boundary Line of New- lUmp'nire ii> Latitude 444, and trending North East forms the height of the Lund between Kenebai'g and ClMudiere Rivers: nf lite Nature unit Coiir.te of Ihi.i high /.and in these Porta lam totally uninftrrmed; and the Map ir> these Parts is so engraved as not to assume any great authority. «< All the Rivers in the eastern Parts of New England, arising amidst the South and South Eastern Ridges of this high Range, generally spring f'om Lakes, great Ponds, or boggy Swamps in the Vahss: While they run or rather creep along the Course of these Vales, their Beds are broad and seem r.-rther like a succession of Ponds than the Channels of Rivers; but as the Southern Ridges are much lower than the Northern ones, these Rivers get away South through the fimt Gap or Interlocking, or along the first Spur which sets olT, and tumble across the several strata in broken currents over rifts and Catarscts almost to their mouths. They are from this circumstance capable of admitting Marine Navigation but a very little way within Land. It is generallv stopt at about 20 or 30 Miles by Falls. The Projection of the Rivers in this Part of the Map may be depended upon, being laid down from actual surveys. Of each of these Rivers and of the Coast I shall speak separatelj'. '< All the Hiitrs which arise amidst the Northern Ridges fall into St. Lawrence River, the Heads of these Two Sets of Waters interlock with each other, and in the travelling this Country in its natural Wilderness State, which is conducted by means of and along these Waters, very short Portages over Land form the communication." "Between this high mountainous Tract and the Ocean, both in its northern and in its eastern Range, there is a Piedmont of irregularly broken hilly Land. Of that in the eastern Parts of New England, especially East of Pennbsceilg, I can say nothing with accuracy, and will therefore say nothing at all. I have struck out of my Map most of tha Hills which I found drawn in the Surveys whence I had the Rivers copied, as I suspected they were laid down too much ad libitum. I will not in these parts vouch for even those which remain, except within the line of my Scouting Par- ties from Penobscot to KcndjeUg, and on the back of the settlements of the Counties of York and Cumberland." til fill ' ft: \^ % a;^i « The River Pasam-AquSda, or Possam-AccSda, which runs into a Bay so called, is the supposed eastern Boundary of New England; to the East of this begins Aquiida or Nova Scotia; an inccrtain River St. Croix is the nominal Boundary. But as the French, according to their mode of taking possession, always fixed a cross in every r»3t 30, 3»6 I'ffi <'*nada. rtKSOv Page 31 -^ppendxx. River they came to, almost every River on this Coast of Sagadahoc has in its turn "__.' "^en deemed by them La Riviere de St. Croiv. Under Equivocation of this general nir."To'^r?w' ■^PP*'""*''"' '•'fiy have amused our Negotiators on every occasion. "a'na^f """"""' " '^''^ ''""'•c« "^ P-^m-AquSda Rjver is formed by -. succession of Lnices and Swamps running East 42 Miles; it then takes the form of a River and runs East North East eight Miles and an half; then South and by East 12 Miles, then makes a Hend of about 10 Miles Course, running round by South, till ;t returns to the same Paral- lel ?/ the distance of five miles and an half East ; it turns then to the South, and here are the great Falls where Marine Navigation ends; herce it runs South East six miles, and then South and by East six more to its mouth." « From the North East Point of Madomb6deag the Shore trends North East and by North, about 15 miles to Pasa&un.keSg (or Pumpking) Point, which forms the West Point of the Mouth of P. ^bskeag River, as Peguoit or Cape Razier does the Eafltern. The River at this entrance is about ^int blank shot over." " For Nine Miles above the Falls the River puts on the Appearance of a Lake Two Miles wide, lying North and South, and being full of Islands: The old Penobsket Indian Town stood at the bottom of this, at the Head of the Falls. Here, and below on the western Banks of the River, were old worn -out clear Fields, extending four or five Miles. Six Miles higher up North, where Passadfimkeag River comes in .Vom the East, is Passadfimkeag Indian Town, to which scite the Penobskeags were removed. About Two Miles and an half above this one meets another fork of two Branches, one comes South East about 11 miles from Sebaeg Pond, the main one from the North two Miles. East North East six miles higher is Ma-Sda-ouamkeag Indian Town the River comes to this place South East about 16 Miles from some ponds whence it takes its Source." " As the River Kennebaeg has been now rendered famous as a pass, by a March of some spirit and enterprize made by the Americana, ibllowing its course, across the land to St. Lawience or Canada River, I shall here give a more particular and detailed description of it than I should otherwise hare entered into. " This River, in the year 1754 and 1735, was talked of as a Route by which an Army might pass, the best and shortest way to attack Canada and Queljec. The route rvas supposed to be by an Indian j>ath and carrying-place, which going off from Kcne- baeg about eight or ten miles above Noridgewaeg, in a North West course of six oi- seven Miles, came to a pond which issued into the River Chaudierc. Some such in- formation had been given to government; it was of the utmost importance that Go- vernment should not be misled. In the year 1756, I had an opportunity of inquiring into this matter by scrutiniziug a Journal given to me, and signed by Captain Ifobbs and Lieutenant Kennedy, and by examining the journalists themselves as to the au- thority of the particjiars. I found enough to be convinced that this supposed pass was mere conjecture, taken upon trust of Bartholemon an Indian, who was found to be false and a spy, and was in 1755 shot by our own people as he was attempting to desert. Government therefore was early cautioned against tiiis niisinfornialion. When I was Governor of the Province of Massadiusetts' liay, I had this route particularly investigated, by Ensign Howard a Country Surveyor, under the direction of Captain Nicholls who commanded at Fort Frederick. Instead of a short pass of some eight or ten rniies of easy Portage, this Indian patii turned out to \ic a routs, on a line a.i the bird flits, of near 50 miles over land, i.-npracticable to an Army that hath a train of Artillery and heavy baggage. It appeared however that (although a diflicuit and very laborious route) it was practicable to any body of Men who should go light ariiiod as a scouting party, either to reconnoitre or to break up settlements. The sort of march rafeSS. 297 which Arnold and his people > Kpericnccd, has confirmed this account, given 17 or IS Appendix. years ago. After taking possession of the Penobskaeg Country, I had all the eastern ^°' *°- branciics of this river traced to their Sources, and the Communications between them ExtraIIIryIiIi,pow- and the waters of PenobskaiJg scrutinized by constant scouting parties. A general ".TS/^T/uoft Map which I Lad plotted down from these routes and journals, together with Surveys'^*""*— of the Rivers, is the authority to this Map in these parts. ' *'"*° ''^ " This Uiver Keiiebafcg to begin from its principal Branch, may be described as rising on the Height of the Land in North Latitude 45° 20', and in cast Longitude, from Philadelphia, 5° 10' or thereabouts; its source is from a little pond, and the first courses of its Birth a succession of Ponds or drowned Lands, Swamps, and Falls. Its first general course is 30 miles South Easi, it then makes a great Bow whose string (lying East and by South and West and by North) is 12 miles. It then runs North- easterly nine miles and an half, and then tumbling over Fal!s North East 10 miles, joins the North Branch. The North Branch is said (I speak not here from the same degree of authority) to arise in and issue from a little pond about 16 miles North of this Crotch, from whence (it is likewise said) there is a carrying-place of 13 or 14 miles to an eastern Branch of the Chaudiere River. This was represented to me as the shortest route to Canada, but I do not find in my journals that I have set this down as confirmed or suflicienlly authenticated." «' There is a communication between PenobsceUg and Kcnebek Rivers, with very r.ge 54. short portages from Fort Pownall to Fort Hallifax, by a succession of Ponds and by Sebastoocoog River. There is a like communication of a still shorter course between the Branches of these Rivers at their Heads. There is likewise a very easy commu- nication between the East Branches of Pcnobsceag and the Sources of Passamaquada Rivers " At the Back of York Township is a very higli Peak called Agamanticoos, from hence the Ridges of the Hills of these parts range North East under various local Names. ««The Ranges in York and Cumberland Counties trend to the Northward of North East, those in the County of Lincoln, East of Kenebaiig next the Coast do so likewise, but within land they trend more and more to the East of North East. All the Heads qf Kenehuig, PeiwbskaUg, and Passam-nqudda Biver are on the Height qf the fjand running East North East." •' • The South Mountain is not in Ridges like the Endless Mountains, but in small, p«,. k. ' broken, steep, stony Hills ; nordoes it nm with so much reg.ilu ity. In some placet-. ' it gradually degenerates to nothing, not to appear again for some miles, and in othe.fl 'spreads several miles in breadth.' It runs in more regular Ridges through Vir- ginia under the name of the Blue Ridge Pignut and South Mountain; after it has passed the xMarylind, it spreads in more regular Hills, the North Ridges of which trending North for about 13 miles approach near to the Kittatinny Ridge; but resuming again tne main course the Hills of this Mountain range along between Yellow Breeches and Conawegy Creeks to the River Susquehanna opposite to the mouth of Swataro creek, and continue North East, under the names of the Flying and Oley Hills, through Pennsylvania to the Delaware: Its Southern Ridge runs off East North East by Hanover to Susquehanna, where Pequa Creek falls into it, and thence to Trenton. In New Jersey, the Northern Hills narrow and rise again into the form of a Ridge, and it is called Mescajictcung; and in New York the Highlands." «' ' We know from observation how much higher the .atlanlic Ocean is than the p»«« »»: ' Pacific, and how it is piled up against the American Coast on the western shore of « Me gulf of Mexico, driven thither by the Trade Winds and attraction of the Moon ' and Sun. ' 75» I,*' h ii ^f n i APPENDIX, No. XLL EXTRACTS tSppendix. No. 41. McKENZIE'S GENERAL HISTORY OF THE FUR TRADE CANADA TO THE NORTH-WEST. From the fint yolume of hia Tojra^i through the Continent of North America, in tlie yean 1789 and 1793. LoRDoir, 1803. Jlitracis from Mr* •f'ihe°FurTr»de7 " The placc whcrc the goods alone are carried, is called a Dicharge, and that where 111 Eiiract, p. 40. goods and canoes are both transported overland, is denominated a Portage." M Extract, p. 28. " It will not be superfluous in this place to explain the general mode of carrying on the fur trade ''■^ We shall now proceed to consider the number of men etnployed in the concern; viz. fifty clerks, seventy-one interpreters and clerks, one thuusand one hundred and twenty canoe men, and thirty-five guides. Of these, five clerks, eighteen guides, and three hundred and fifty canoe men were employed for the sum- mer season, in going from Montreal to the Grand Portage in cinoes p. 35. The necessary number of canoes being purchased, they are then dispatched from La Chine, eight miles fruin Montreal, with eight or ten men in each canoe Leaving La Chine, they proceed to St. Ann's, within two miles of the Western ex- tremity of the Island of Montre^il, the lake of the two mountains being in sight, which may be termed the commencement of the Utawas River." ViA ? Jd Eiuact, p. 42 " Fromwhcncc, including the rapitls of M.itawoen, where there Is no carrying place, it is about thirty-six miles to the forks of the same name, in latitude 463 North, and longitude 78J West, and is at the computed distance of four hundred miles from Montreal. At this place tho Petite Riviere falls into the lltawas. . . . The Petite Riviere takes a South-West direction, is lull of rapids and cataracts to its source, and is not more than fifteen leagues in length, in the course of which are the following interruptions:" 4tii Eiuaci, p. 43. " The last in this River is the Turtle Portage, eighty-three paces, on entering the lake of that name, where indeed the River may be said to lake its source. From the first vase to the great river the coun'.iy has the appearance of having been overrun by fire, and consists in general of huge, rocky hills. Tlie distance of this Portage, whicii is the height of land between the waters of the St. Lawrence and the Utawas, is one thoufiand five hundred and thirteen paces to a small canal, in a plain, that is just suffi- cient to carry ihc loaded canoe, about one mile to the next vase, which is seven huii- 399 . '#' cired and twenty-five paces. It would be twice this distance, but the narrow creek is ^Ippendix. dammed in the beaver fashion to float the canoes to this barrier, through which they No^. pass, when the river is just sufficient to bear them through a swamp of two miles to B»tratu rmmMc the last vase, of one thousand and twenty-four paces m length. 1 hough the river iSofuieFufTride. increased in this part, some care is necessary to avoid rocks and stumps of trees. In 4iii E«itaa, p. 4s. bout six miles is the lake Nepisingui, which is computed to be twelve leagues long, though the route of the canoe is someihing more- it is about fifteen miles wide in the widest part, and bounded with rocks. Its inhabitants consist of the remainder of a nu- merous converted tribe called Nepisinguis of the A Igonguin nation. Out of it flows the Riviere des Francois over cocks of a considerable height. " '« The distance to Lake Huron is estimated at twenty-five leagues, 5UiE«ir»ci,p.4s. which this river enters in (he latitude 45. S3 Nortii; that is at the point of land three or four miles within the lake. There is hardly a foot of soil to be seen from one end of the French River to the other, its banks consisting of hills of entire rock. The coast of the lake is the same, but lower, backed at some distance by high lands. The course runs through numerous islands to the North of West, to the river Tessalon, computed to be about fifty leagues from the French river, and wliich I found to be in latitude 46.12. 21 North,, and from thence . . ........ . the route changes to the south of West ten leagues to the Detour. . . From the p «• Detour to- the Island of Michilimakinac, at the confluence of the Lakes Huron and Michigan, in latitude 45. 54 North, is about forty miles. To keep the direct course to Lake Superior, the north shore from the river Tessalon should be followed; crossing to the North-West end of St. Joseph, and passing between it and the adjacent islands, which makes a distance of filly miles to the fall of St. Mary, at the foot of which, upon the South shore, there is a village, formerly a place of great resort for the inhabitants of Lake Superior, and consequently of considerable trade This being therefore the de{)ot for transports, the Montreal p *"■ canoes on their arrival were forwarded over Lake Superior At length they all arrive at the Grand Portage, which is one hundred and sixty leagues from St. Mary's coast ways, and situated on a pleasant IJay on the North side of the lake, in latitude 48 North, and longitude 90VVest from Greenwich This lake may be denominated the grand reservoir of the River p. 5^ St. Lawrence, as no considerable rivers discharge themselves into it. The principal ones are, the St. Louis, the Nipigon, the I'ic, and the Michipicoten. Indeed the ex- tent of country from which any of them flow, or take ihoir course in any direction, cannot admit of it, in consequence of the ridge ol land that separates them from the rivers that empty themselves into IIudson's-Bay, the gulph of Mexico, and the waters that fall in Lake Micliigan, which afterwards become a part of the St. Lawrence." << I shall now leave these geographical notices to give some further account of the oni Extract, p. 5,-. people from Montreal. — When they are arrived at tiic Grand Portage which is near nine miles over, each of them has to carry eight packages of such goods and provisions as are necessary for the interior country The trade from the Grand Portage is in some particulars carried on in a diflererit manner with that from Montreal. The canoes used ia tlic latter trans- port, are now too large for the former, and some of about half the size are procured from the natives In these canoes thus loaded, they embark at the north side of the Portage, on the river AuTourt, which is very inconsiderable Over against this is a very high, rocky ridge, on the south side, calleJ Marten Portage, which is but twenty paces long, and separated from the p. Aa. f. sv. p. AS. HjP 300 lii Appendix. P^che Portage, which is four hundred and eighty pace9„ by a mud-nond coveres of Great Britain and the United States of America. This chain commences upon the Eastern branch of the Connecticut river, takes a north-castcrly course, and terminates near Cape Rosier, in the Gulf of St Law- rence." << On the north side of the ridge just described lies the remaining part of Lower Canada yet unnoticed, and which is contained within the Ottawa river, the 81 degree of west longitude, and the 52 parallel of north latitude, intersected laterally by another and higher range of mountains that forms the Land's Height, and divides the waters that empty into the St. Lawrence from those that descend into Hudson's Bay." "The river St. Lawrence (which, from its first discovery in 1.535, has been called by the inhabitants of the Country, to mark its pre-eminence, the Great River,) re- Pace 35. Pn|e *?. Page 32. I i si. 304 ! <■ Appendix. No. 43. EitrRi^tiOdniRoii' rhfltc'o Topoffi pliiral llpucrlpUoii «r Onndi. I'liie 32. rag« 33 PM'M. ccivcB nearly all the rivers that have their sources in the extensive range of mounlainsr to the northwards, called the Land's Height, that separates the waters falling into Ilud- . son's Bay still further to the north, from those that descend into the Atlantic, and all I those that rise in the ridge which commences on its southern bank, and run.^ nearly south-we.sterly until it falls upon Lake Champlain. Of these, the principal ones are the Ottawa, Masquinonge, Saint Maurice, Saint Anne, Jacques Cartier, Sagucnay, Betsiamiles, and Manicouagan on the north; and the Salmon river, Chateaugay, Chambly or Richelieu, Yamaska, St. Francis, Jkcancour, Du Chenc, Chaudiere, and du Loup on the South." " In the distant range of mountains that form the Land's Height beyond its northern and western shores, several considerable rivers, and numerous small ones, have their rise, which being incmiaed in their course by many small lakes, finally diechargc themselves into Lake Superior." " At the western angle of Lake Huron is Lake Michigan, which, although distin- guished by a separate name, can only be considered as a part of the former, deepening into a Bay of two hundred and sixty-two miles in length, by fifty-five in breadth, and whose entire circumference is 731 miles. Between it and Lake Huron thee is a pen- insula that, at the widest part, is one hundred and fifty milea, along which, and round the bottom of Michigan, runs part of the chain forming the Land's Height to the south- ward; from whence descend many large and numerous inferior streams that discharge into it. On the north side of Lake Huron many rivers of considerable size run from the Land's Height down to it. One of them, called French river, communicates with Lake Nipissing, from whence a s»iccession of smaller ones, connectetl by short por- tages, opens an intercourse with the Ottawa river that joins the St. Lawrence near Montreal." "RiviEBE Dc Loup (the Seigniory of,) in the county of Cornwallis, fronts the St. Lawrence, joining Oranvillc and Lachenaye on the south-west, and the seigniory of Isle Verte on the north-cast: in the rear it is bounded by warte cro\vn lands. It has near- ly five leagues in breadth by two in depth; granted April 5th, 1689, to the Sieurs Villerai and Lachenaye: Alexander Fraser, Esq. is the proprietor. The general ap- pearance of this seigniory is uneven and mountainous, but it contains some extensive patches of good arable and very fine meadow land; these arc divided into several ranges of concessions; bearing the names of St. Andre Riviere du Louj), St. Patrick Ri- viere du Loup, Fraserville, Nouvelle Ecosse, St. George, orCacona, St. Anthony, Sf. Andrew, and St. Jacques: the first, a great part of the second, and a little of the third, are in a very good state of cultivation and well inhabited. The whole seigniory is abundantly timbered with beech, maple, birch, and large quantities of pine. It is wa- tered by several streams, but the principal one is Riviere du Loup, which rises in the High Lands, and flows in nearly a northerly course into the St. Lawrence; on both .sides of it the banks are high, until approaching within about three-quarters of a mile of its discharge, where they become low and flat: vessels of twenty-live tons may as- cend it as high as the bridge, a little more tlian half a mile from its mouth. Fra.scr Lodge, the residence of the owner of the Seigniory, is situated on the north side of the entrance of the river." p eKi " f"'"'"" ^^^ Connecticut River, the height of land on which the boundary is suppo- sed to pass runs to the north-east, and divides the waters Ih.it fall into the Saint Law- rence from those flowing into the Alantic; and which height, after running some dis- rate 53^. 305 ttnee upon that GoursOj sends off a branch to the paslward, that separates (he lipails of ^Appendix. the «' iiniH fnllini; into Lnke Timtscouata and river St John, and hy that channel in- '*"■ '^' to the Hay of Fundy, from those that descend in a more direct course to the Atlantic. G>itiirt>rr<.innmi. The main ridge, continuing its north-esMerly direction, is intersected by an imaKina-pMi'alWK>hMiun ry line, prolonged in a course astronomically due north, from the head of the river St. '— Croix, and which ridge is supposed to be (he boundary betwee i Lower Canada and the United States; at least such appears to be the way in which the Treaty of 17,83 is construed by the American Government; but which ought, more fairl)-, tube under- stood as follows, viz: That the astronomical line running north from the St. Croix should extend only to the first or easterly ridgu, and thencu run westerly, along the crest uf the said ridge, to the Connecticut; thereby equitably dividing the waters flow- ing into the St. Lawrence from those that empty into the Atlantic, toilhin the limits of • ■ '• the United States, and those that have their estuaries within the Hriti.sh province of Nc\* Brunswick. It is important, and must always have been had in contemplation, that an uninterrupted cominunioation and connection should exist between all his Ma- jesty's North American possessions; but by the manner in which the treaty is insisted upon by the opposite parly, a spSce of more than eighty-five miles would be placed within the American limits, and by which the British provinces would be completely severed; it would also produce tha inconvenience of having the mail from England to Quebec carried over that distance of American Territory; and which may either bo- deemed a matter of indulgence, or complained of as an encroachment, according to the temper of the times. Within this tract also is the Madawaska Settlement, ponsisting of nearly 200 families, all holding their grants from the British Government. Eng- land, at all times high minded and generous, never shrinks from the strict fidfilmcnt of her engagements; even though from oversight, or want of political acuteness in the persons employed, they may have been framed in a way prejudicial to her true inter- ests. But at the same time she has a right to require that the interpretation of them should not be overstrained or twisted from their obvious meaning and intent by a grasping cupidity after a few miles of territory: which if acquired could be but of lit- tle available advantage to the other parly. To her, iiowever, this tract is of more value, as securing a free access to all the British provinces, without being obliged to the forbearance of any neighboring State for that enjoyment. If, in the final fulfilment of the fourth and fifth articles of the Treaty of IS15, it should be awarded that the claim of the American ('overnment to ha\e the boundary pass along the north-easterly ridge of land is just and ought to be acceded to, it is very desirable, and even important to his Maip"*v's Colonies, that one of the instructions to the British Negotiator should be, to " - OP of this tract of Country, either by exchange or other equiva- lent mean -hat the con, nunication from Nova Scotia and New Brunswick with Lower -/ " be henceforth secured from the chance of interruption." ill ^■!^*: "FoucAULT (me ;ieigniory of) in the County of Bedford, is bounded on the north by the Seigniory of Noyan, on the south by the State of Vermont, on the cast by Mis- sisqui Bay, and on the west by the Richelieu; it was granted, May 1st, 1713, to Sisur Foucault; two leagues in front by two and a half in depth, and is now possessed by General Burton. The line of boundary between Lower Canada and the United States runs through this Seig.niory, whereby a great part of it is placed within the Slate of Vermont." r.-ijc 18S. " DIVISIONS OF LOWER CANADA. «n <>r Canada. Extrait DEUX MoNTAONES. La Cuenate. Chevrotiebe. Lac Matapediaob. Lac Mitis. La Dubantaie. Augmentation de la ruiANTAiE. La Fbesnat. La Martiniere. Lanaudifbe. La Norate. La Prairie de la Maodvlaine. La Salle. La Tesserie. La Valtbib. Auombntatiom a Lavaltbii. Lauzon. I^JiiBABD. Less ABU. Lkvrabu ov St. Pibbre Lbs H«c- UUETS. LiVAUDIERB. BarONIE DE LoNOUKIL. LoTBINIBRB, PrBMIKRK PaBTIE. Lotbinierb, Seconde Partie. LoTBINIERE, TbOIhIEME PaBTII. LOTBINIEBE, QitATHIEME PaBTIE, OV ArOMENTATION. Louis Oaqnieb, Bit Bellbavancb. Louib Le Paob et Uabuiel Ti- BIBROE. AVOMBNTATION A La CoMCXSIION Pbecedentb. LuSSAUDIEBE. Lusson. Grosbois ou Machicme. Maodelaine. 1 FiEr Maranda, Partib Nord-bit. i FiBr Mabanda Pabtib Suo-Ouest. Pabtib Nord-est De Masouinonob. Pabtib Suo-Oubst Db MAmuiMONea, Matane. Mille-Ibles. Augmentation des Mille-Iilbi> MiLLE A'acrxs. Tebba Firma db Minoan. MoNNOIB. Augmentation a Monnoii. Mont-A-Peine. Augmentation De Mont-A-Peine. Montabville. Mount Mubbat. Murrat-Bat or Malbat. Neuvillb ou La Points Aux Tbeu- bles. Dembiebe Dautre et la Nobatb. Nicolet. L'IsLB De La Foubcbb, ft Ato* mentation a Nicolet. Notre Dame Des Anges. NoUVBLLE LoNOUBIL. NOTAN . D'Orsainville. Pachot. Pasfebiac. Pertbuis. Petite Nation. PlERRKVILLX. TONNANCOUR OU PoiNTE Du LaC Pobt Daniel. Barbonie Dehbibbe Nbveo, Ranuin. Auombnta Reaumb. Rioaud. Rimouskt. RiVIEBB D TION. RiVIBRB Dl RiVIEBB U Anx Gai La Rivibbi auomenta OUBLLI. RoqUETAIL RoUVILLB. Sarbbvois. Saintb An aughbnta Autbb Ai Annb. TlOHIEMB Anne. Ste. Anne. Ste. Anne Tilly ou S' St. Abman St. Babnai St. Blain. St. Cbabli St. Charli Ste. Clair Ste. Croix. St. Denis. St. Dbnis. St. Etibnn St. Fran9u St. Gabriei St. Mtacin FiEP St. Io Fief St. Je 309 Uabronib DE PoiTITKUr. DuNaiKIB LA CoMCBMIOH Du StBUI Nmvkd, av Nobd-Lst. Randin. AUOMBNTATION Db RaNOUT. Hkaumb. RiOAUD. RlHODIKT. RiVIEBB Du LOUF, AVBC AuOMBNTA- TlOIf. RlVIBRB Du LOUF ET L'llLB VeBTB. RiVIEBB DU SUD, AVBC LeS IsLBI Aux OauES BT Aux Oibs. La RiVIEBB OVELLE. AlTOMENTATlON OB La RiVIERB Quelle. RoqUBTAILLADB. RoUVILLE. Sahbevois. Saintb Anrb. AUOHEKTATION DB StB. AricB. AutHB AuaUENTATION DB StE. Anne. Tboisiemb Augmentation De Ste. Annb. Ste. Anne. Ste. Annb ou La Pocadiebe. TiLLv ou St. Antoine. St. Abmano. St. Barnabe. St. Rlain. St. Charles. St. Charlb;. Ste. Clairb. Ste. Croix. St. Denii. St. Denis. St. Etibnne. St. Francois. St. Gabriel. St. Hfacinthe. Fief St. Ionace. Fief St. Jean. J'ipjttndix. So. 43. of L'llMd* Auomentation DB Fibf.St. Jean. 8t. Jean Desohaillon*. Auomentation db St. Jbak D«»- , , ~~r~ ^ CHAILLONS. ehMi^'i To|iciir«- irr. Jean Port Joli. St. Joibfii. St. JotBFii ou L'Efirat. Ste. Mabuubbitb. Ste. Marie. Saintb Mahib. Saint Maurice. St. Obbvau ajoutb aux Seioiibu- BiEi DB St. Michel bt ob Livau* DIERE. St. Ours. St. Paul. St. Roc. Saint Sulfice. Sault St. Louis, suoolbreo. SlLLBBV. SOBEL. Derriere Sorel. SoULANOE. Terrebois ou Devbbbois. Terrebonne. Auomentation de Tebrebonnb. Autre Auomentation db Tebbb- BONNE. Tremblat et Vakennes. Tboi!) Pistoles. PAHTfE DBS Trois Pistoles. Tbois-Riviebes. Vaudrbuil. Vaudrbuil. Verc'heres avec Augmentation. Vieufont. ViLLERAY OU DaBTIGNT. Vincelot. Augmentation de Vincelot. ViNCENNKS. Yamaska. %r 78- aia t/lppendix. "2 Nu. «. i n r !, •1 I Kxiractij fmni Ron - rhellK** Tnpngra- phiral DeMiipUon ofCmnada. «C S H • St- » M §09003Q00 7'0 0, OOOOOOQOOOOQQOOonts- «p"a> o« f-'tt'^^uj' O'^n od" >9" >o v "5 Iff ^ V ^ t-^ ^ oT ® o g g 9 9 o _ . .. ^ . . __ ^ 35 5, 5j ;o u, ^ e, -o o» o t» oo, 5C>n>ov«)io^^'ot»Tfe» o o o o < _ _ OOQIN©00>__ ■NO o ooSt- o 8*©t» '^'^.'-i'^^'-; <>5^ lO P "< o O o ?> o (O O ;0 O §§gg: « 00 to V I oogg lOQxspoepo i t» ^ O 1-1 lO V >-> "' O H 05 t^ »« 6 ^rt tf- Ok C5 .^ r- 0> . 1 o . . ^ - i» OO si o< <" » •*.« s2 U O fM h L^ *-* - f o '- e = -5 C 2 ►5 S a.« fS-^l'I'llJIl-sIl CO ^ « M • • s o Q 4) ^ - c a ►2-* S3 « 3 5^ ^^6 'i ^ lie -o ^ o c 1^ C 2 1c Is £ I > > B a g-S S = >-» i-« l-S u CVi o O V 06066666,/ 666 6060666666660 Q Q a Q Q A Q Q ^ Q Q. Q O Q Q Q Q n Q i=) Q O Q Q » m .iJ en •^•H M e .2 bS e B E «0 10 S B ^ CO CC.S ^QH") ■aiB^-'M "'"■St^C ,siiiiiiriliiliiiiiii|tii n b •^eiM^»ocoi>«oO*^oiw^>oiot*aooip»-*etco^»otot"00 Q O OO « 1^ r— 0» O) O CO tC «> O <0 I' ^ ^ t- ^ e» o Q 00 tf) o> N >o o» m C5 ■o o» o r» oo, g o o g g f^ (O '»• ^-* "^ n ^ m " ^ii ^ Si ^ o,ooioo(Mco(MO»c»(M o»iinn«ii- ehullti'a TnpoKra- liliicnl Dracrlplton of Caimda. o o n on CO — -< CT CD o eo _ _ _0'"0000» •fl — » •* n« — ^ oi w ^ r* — o» « t~ - ^ o» C C i» 3 3 3 ■a S 2 B .2 -3 a I 9 O n s 8 01 s eg **" is o e 2 Si .-i- 1 o o ? t» H^^= ^11 i§; 2 ^ 9 :^ g^ ^tSoo f^- 1 e 8 ^ H S2 ■5 i ..-s^^.b °^ °l| ^lls.l " Sdc-2.2 .5^ St? 52 g 3-S biCt.aJ:?b S 5 C2S 3« S.S = '3.= «•■=;= aio — 9»e5g''3Wt?P'''0-oOW5«5loh)rnl Descrip- tion urC'nuadN. i V s a f H w a u is (ooo>ooooo--'»"-'«^0'J*oioij»f-■* >-< r^ <^ H h en >^ X) U •^ •* a S E e« u u a M n A a. la O ^ 00 o* o^jsx":© — o» Bi- b a " « 5j o ^ tC O M CO f u^ O — 2 i:^ '»' •" * a a a ^ o.a.« >>S £ v -a In a c C P" 3 c E *- fa -3 O 3 JSQO c s -a is &•■« -s -? a .£ -a e ca -«^ 3 n J3 •C E hf tfl « c x: > Si 2 a S,Q E ^ -I C-> CAb dodddooooooooo d d d e d d c«QQQOQQQQRaOQOQOaO«00(=>OOQ««0^ 6 o o o a> I- j= 3 ;- > ."S •w c a. 2 J2 i?^ :3 « = x<< m •« 10 o> 3> O) 1/1 -H e» B -< o n u) CO o t-» o o» — o CO iq to Q 00 O •O t- tT -H U» O .^ •« •\ CO CQ lO 313 o» X 0> o t" 5 o »- o> V f- to O O o> 0» 00 OJ CT 00 •* 0» oo «> .^ .s .s M .« ^ p-< 0« 0» 0^ -H g 8 0< Jlppendix. No. 43. Extracts fromlloii- chelie'8 Topfura- phicnl iyeBcrli)tion of Canada. .Jl Tf Tf 0» oT 4,800 1,390 2,433 800 2,600 3,213 2,052 f-4 o o 0« r 13,701 27,127 23,100 1,160 OS o to OJ a o o» c •O «5 OD "O 00 0» .- 01 .\ #1 .S .4 0» lO 0» "3 0( .^ 13,650 13,261 8,949 1,260 26,S10 6,005 6,033 24,004 o 0» oT 630 12,380 200 12,6671 10,176 19,278 678 8,395 12,390 Jan. 3, 1806 February 17 April 3 June 27 July 10 July 3 July 22 August 32 November 26 December 31 March 7, 1807 March 26 Do. 01 1 February 6 July 8, 1807 Dec. 24, 1808 December 1 July 22, 1806 at o» >. Sept n, 1807 Sept y, 1808 September 26 November 12 B Feb. 11, 1809 February 22 May 27 May 29 June 3 2 a 3 n :£ E ^ I S g E bl"?-^ -"3 S c d o to o> E en CO Q -o e n u a" i-3 is • e ? 3 Oi-^Ccn o I c = g C -3 Eg I 5-2 o e a . Sfce' o. O 3 u bgl? b "3 C t/) ^ t« *j I. a » . Tj CO ii C C > c4 41 i-s fe J 73 I-, 5 d rfO 3 5 E |S 1 3 H QiAEt. T> — o» 9> m o> K g C/30 ■ (U /g o o rf o OOOOOOOOOOO .wiu ^ ^ ^ ^ ^ ' U 6 d ^_; o' O Sua uo « ■^ --, -c' C o c - ir to C3 fc^ _^ ^IT'.i^ :> 2 2 ~ bb sloo L. O L. C (13 •? fij «\ rt-.iotor-oociO'-''*!^'*"' "^ r»como-< oi W'ruito r- eoo»g'-i-t 79* 314 Appendix. No. 43. Eztrncta from^ou- eheti Topofra- of Canada. f- M ■ M * O CD 00 U5 i •s 9 S •;3 C o U I H U S u to OS » sotooooowot^oioooooipajejS 0<00t0000©<0 Of O CO rf __ _^ 01 PH fH p-l t-i >0 M o2 O 00 CO rH Ci #-^ -^x o Oil'-''-" b "f -^ " ' X /^ to g-g g =• s s s g 1 J^33 2 o 41 ^ 5 S o o ^QQ ■73 =5 1X1 T tfi tn r; • — O 4) " J= u a S -r- lu Sbffl u E - "" CD ^ u ^ 2r u si"! I 19^ ---5 PS W c« J .< d bC « S.S ° •^ s £ i S (5 O CJ i S s bCJS c -a 3 S E OS -a e « ' a n n O (^ '^ 'n O C c 3 « n O 111 rti J _ u IE >c !?- "t; o « 4) op J: a p t» c c ^ = = = s Q l-S 1-5 W "-i 'S fl) 00 o 1— » "^ aQPPQQaapftOo d) x Hen bcdddddddoo SaOPQQQQfiP o o o PPQ Ot3 H-:n 01 = s 2s s £ £.9-1 i >.ii £ i:ie.= iiii^-g.5 s s i2 .E " 'e'S - £ ^8 ;;^^^sss;sss??^sii;s5|H2HHlSz!2 liii > bl c o ^ < O) o •^ lO '" f^ i*" -IS APPENDIX, No. XLIV. EXTRACT IBOK THE JOURNAL OP THE GENERAL ASSEMBLY OF NEW YORK, CONTllRllfO THE REPORT OF THE CANAL COMMISSIONERS ON THE CHAMPLAIN CANAL. State of New Yobk, In tlssembly, March 19, 1817. A communicatioh from lie board of Canal Commissioners, being their report on the Appendix Northern or Champlain Canal, was read, and is in the words following, to wit : The ^°- **• advantages which will result from the connection of Lake Erie with the navigable R,.|nri()fihoN«w waters of the Hudson, by means of a Canal, have been so frequently elucidated, and are ll"miomT ""°" indeed so obvious to every one who possesses a correct geographical knowledge of the West, that it has been deemed unnecessary to enumerate them. But presuming that the beiefits to be derived from a similar communication with Lake Champlain, are not fully understood, or duly appreciated, the Commissioners ask the indulgence 01 briefly pointing out a few of the most prominent of these benefits. That part of this State which is contiguous (o Lakes George and Champlain abounds in wood, tim- ber, masts, spars, and lumber of all kinds, which, tran.sported by the Northern Canal, would find a profitable sale along the Hudson, and in the City of New York, instead of being driven, as much of those articles have heretofore been, to a precarious market, by a long and hazardous navigation to Quebec. Some idea may be formed of the immense quantity of lumber which would be conveyed on the contemplated Canal, from the following statement, made on the best authority, and which embraces only that small section of the Northern part of this State from whence the transportation is carried on to the City of New York, or to intermediate markets. Within that tract of country, embracing the borders of Lake George and the timber land north and west of the great falls in Luzerne, there are annually made, and transported to the South, two millions of boards and planks : one million feet of square timber, consisting of oak white awl yellow pine, besides dock logs, scantling, and other timber, to a great amount. A considerable portion of the northern part of this State is rough and mountainous, and in a great measure unfit for agricultural improvements. These broken tracts are covered with native forests, which, by the contemplated Canal, would furnish -ast sup- plies of wood and lumber for many years ; and thus the great and increasing popula- tion which occupies the margin of the Hudson, would be supplied with boards, plank, timber, fencing materials, and even fuel, with less expense than from any other (juarter : while at the samn lime the lands to the north, considerable tracts of which belong to the peo|)Ie of llii« State, would be greatly increased in value. The inoun- tainrf in the vicinity of Lakes George and Champlain, produce a variety of minerals, among which are found, in inexhaustible quantities, tlie richest of iron ores. Several ei, lor the purchase ci iron, of salt, and of gypsum, would be retained among our citizens, and added to the per- manent wealth of this State. In short, the connection of Lake Champlain with the Hud- son, by means of a Canal, would greatly enhance the value of the northern land? : it would save vast sums in the price of transportation : it would open new and increas- ing sources of wealth : it would divert from the Province of Lower Canada, and turn to the South, the profits of the trade of Lake Champlain ; and by imparting activity and enterprise to agricultural, commercial, and mechanical pursuits, it would add to our industry and resources, and thereby augment the substantial wealth and prosperity of the Stale. The examination and levels for this Canal have been made under the direction of the Commissioners, by Col. Lewis Garin, and the line for the same has been marked out upon the maps herewith presented. There are two places of de- parture from the Hudson, in order to connect that river with Lake Champlain, each of which affords a very ftivourable route, in point of soil to be excavated, and of mate- rials, for the artificial works; one of these routes, by commencing at the mouth of Fort Kdvvard Creek, and pursuing the valley of that creek to the summit level, and then fol- lowing the ravine of Wood Creek, will reach Whitehall in the distance of twenty-two miles. This route was formerly deemed mo.st eligible l)y a board of Commissioners composed of General Schuyler and others. It is, however, supposed by the engineer that the other route may be preferable, which commences about six miles further down the river, near the mouth of Moses' Kill, and which, by the natural channel of this Kill and of Dead Creek, joined to a short length of artificial canal, forms I ; summit level, from whence it proceeds partly by the natural channel of Wood Crcl^ and partly by artificial cuts, which greatly shorten the distance, to Whitehall. The length of this route is twenty-eight miles, and it passes over a soil which is, in general, remarkably favourable, consisting principally of vegetable mould, loam and clay; at the northern termination of the Canal a few yards of lime stone excavation will he necessary : this however is not deemed an unfavourable circumstance, as the Stone are of such a quality as will be useful in the construction of locks; and it may be remarked that the materials for the construction of the locks, between Lake Champlain and the Hudson, can be ])rocured with little difficuliy. Uetwecn the Hudson and Lake Champlain, nine locks will be necessary, viz. three at the Hudson, of 7,779 feet lift, each, by which the sum- mit level will be attained, and by a deep cutting, the greatest depth of which will be 12,4fi5 feet, and the length of which is about two miles, the summit level will be ex- tended fifteen miles ; and will terminate about one mile south of Fort Ann. At this place two locks will be necessary, of <),'-»17 feet lift each. IJetwcen this point and Whitehall, two locks, the first of S,'c'3:J feet lift, and the next of <),'2I3 fe.!t lift, are to be made. At Whilehall the Canal is to be connected with Lake Champlain by two locks, 317 ',! ^"° f""' "? '*"=.^- ^'^"* '^'■'^'^" •""*>" °' '»''» '°"'« «i" n«cd no excavation, a, ^ppevdiur. the tai.al for that distanco will occupy the natural cliannels of Mose*' Kill Dead ^"- ■«*• Creek and Wood Creek. In order to turn a, much as possible the superfluous wate'rs „,,,„::;;;:. sv„ ot Ireshets, and to insure at all times a sufficiency of water on the summit level, it is nir.'.ll.r' '"'" proposed to erecta dam across Half-way lii-ook, of eighteen fvet in height, half a mile •bove the mouth of said brook, and by a natural ravine, leading to the south, to direct •o much of the water of said brook to the summit level, and from thence, by several waste-weirs, mlo the Ilu.lson, as may Iks necessary for he convenience of the Canal The water in the Canal is not to be less than thirty foet wide at the surface, twenty feet at the bottom, and three feet deep, and the locks to be sevcnty-f.ve feet long and ten feet wide in the clear. By the mode of calculation heretofore adopted by the Commissioners, the whole expense between Lake Champlain and the Hudson at the mouth of Moses* Kill, will not excee.l two hundred and fifty thousand dollars From the mouth of Moses' Kill it is proposed to improve the channel of the Hudson, for the purposes of navigation, as far south as the Village of Stillwater, at the head of Stillwater Falls. This may be eflectwl in the following manner. By erecting a dam three feet in height across the Hudson, at the head of Fort Miller Falls, the river above, as far a. Fort Ldward would at all times afford a sufficiency of water for boaU drawing three feet. To overcome the descent of Fort Miller Falls, a side cut or artificial Canal, of aboutone mileinlength.and with two locks, of 10,3aifeet lift each, will be necessary These works, including the dam, locks, excavation, towing path, and all other expenses may be estimated at fifty thousand dollars. Two and a half miles below the south end of tWs Canal, »t the head of Saratoga Falls, a dam three feet in height is to be made across the nver, and a side cut round the falls, similar to the above, of about one mile in length, with two locks of (J, 198 feet lift each. It is believed tliat all the arti- ficial works at this place may be constructed for thirty-five thousand dollars. Thirteen miles below this place, at the head of Stillwater Falls, another dam of three feet in height will in like manner insure agood boat navigation up to the Saratoga Falls The cost of this dam, the construction of a towing path, with several bridges, thf pur- chase of Schuyler's Mill, which it is supposed will be necessary, together with all the other expenses of this section, are estimated at fifty thousand dollars. From the village of Stillwater, at a point above the dam last mentioned, it is proposed to cut an artific-al Canal to the village of Waterford, where it is to be connected with the Hud- son. This Canal will be supplied wiih water from the river at its upper end. Its length will be nearly twelve miles, and the whole descent is 76,464 fcet j which will require eight locks. The excavation of this Canal, for some distance near the upper end, will be considerably expensive, as it passes through a slate rock; the middle and lower parts, however, are very favourable. The expenses, from Stillwater to Water- ford, may be estimated as follows : 76 feet lockage, at « 1,000 per foot - - . . . g^g qq^ 12 miles of Excavation and Towing path, with bridges, culverts, anil other ' m •', •■ i necessary works, at an average of j53O,0O0 per mile liecapilulalion of Expenses. From Whitehall to the Hudson - . . . Dam, side cut, and other works at Fort Alilfcr Falls Ditto at Saratoga Falls .... To Stillwater, including dam, iv . From Stillwater to Waterford, including lockage Add for contingencies, Engineers, and Superintendence W hether he Canal from Lake Champlain enters the Hudson at Fort Edward Creek, or at Moses Kill, ,s no^t very material in th« estimate of expense : and the Commis- 300,000 250,000 50,000 35,000 50,000 436,000 50,000 m II } ! l! li jfi :i< ii ill 318 Jippendix. sioners wish to be explicitly understood, that they consider this queotion as still open^ ""■ **■ and as one which will require mature deliberation. It is aseortnincd that both route* Report or the Now ore cqually practicable. The termination of the Northern Canal in the Hudson, at miliVifcrt*' *'"'" Waterford, will afford the cities of Albany and Troy, and the villages of LansinKburgh and Waterford, a full participation of its benefits ; and its approximation to the great Western Canal will open the most beneficial channels of communication bctweea every great section of the country, and furnish every facility (or promoting the acti vity, and enlarging the sphere, of inland trade, which constitutes one of the principal ele- ments of national opulence, prosperity, and greatness. And before the lopse of half a century, those who succeed us will witness, in the consolidation of those cities and villages into one great city, a uniou of interests and sympathies which will totally dit» sipate the apprehensions and jealousies that may now exist. All which ia respectfully submitted. DE WITT CLINTON. S. VAN RENSS£LAER. MYRON HOLLEY. SAMUEL YOUNG. Albany, 18M Marth, 1817. State or New Yosk, Secretary's Office. I certify the preceding to be a true extract from the Journal of the Assembly of this State, of the year 1817, deposited in this office. In testimony whereof, I have hereunto affixed the Seal of this Office, at [l. 8.] the City of Albany, the 4th day of October, 1888. ARCHIBALD CAMPBELL, Deputy Secretary. By Nathaniel Pitcher, Lieutenant Oovemor qfthe State of New York, acting at Oovemor of the said State: It is hereby certified, that the preceding attestation is in due form, and by the proper officer. In testimony whereof, I have hereunto affixed the Great Seal of this State, [l. s.] at the City of Albany, the 4th day of October, 1888. NATHANIEL PITCHER, APPENDIX, No. XLV. ESTIMATE or Tia HEIGHT OF THE WHITE HILLS, IN NEW HAMPSHIRE, ; BY N. BOWDITCH: PBOM THE MEIIOlftS OP THB AMERICAN ACADEMY OF ARTS AND SCIENCES. Mtmoirs of the .ameritan Jlcadtmy of Jirts and Sciences, Vol. III. Part IL- CambbIdoe, printed by Hilliakd & Metcalf, 1815.. tttlM^iTE OF THE HEIGHT OF THE WHITE HILLS. IN NEW HAMPSHIRE. BY NATHANIEL BOWDITCH. The White Hni. in New Hampshire, which are the highe.t mountain, i„ New ^ppendicc England, have been estimated by Dr. Belknap, in his History of New Hamnshire to ^o. 45. ' be above 10,000 feet above the level of the sea: but from some barometrical observa- p.. "T . uons, -de in July, 1804. by .everal gentlemen who ascended the mounUins, itn^HrS appears that his computation is by far too gifeat, and that the real height does not '"'^""''^"'""'• «iuch exceed 7O0O feet. This will evidently appear by comparing the observations given in the following table. Those on the top of Mount Washington, the highest Of the White Hills, were made by Doctor Cutler and Professor Peck: those at Mr Messervey's, in the town of Adams, (not far from the foot ol the mountain ) were made by a person who obserree teault of the ealculatioa by barometrical observations- ;t Appendix. No. 45. 8M MR. BOWDITCH'S ESTIMATE OF THE HEIGHT OF WHITE HILLS. Filrict t'nHn ihs HrlnDlri iil' the A- maric 111 AcHiliiny 0' A(U lUBvioncn. riAci or oiiiivATion. At the summit of Mount WaBbington, At Meuervey't, ia Adami, 1 I At Stlem, Dr. Holyoke^ d. July 88, July 27, July 88, h. 3 h. 1 to 7 a. m. 6 to 30 7 7 8 .8 » 10 10 11 11 noon. 30 30 30 30 30 At BoBtog, by Rev. Mr. Emerson, July 87, July 28, July 87, July 86, 3a 1 1 30 8. A 30 3 3 30 4 4 SO 5 t 30 6 6 30 1 8 >. m. 2 p. m. 7 p. m. 10 p. m. 8 a. m. 8 p. m 7 p. m P- a. P- P' P' 10 8 8 7 10 8 a. 2p 7p, 10 p m. m. m. m. m. m. m. m. m. 83.39 88. U9 29.04 .07 .07 ,07 .08 .08 .11 .11 .11 .11 .13 .13 .13 .13 .13 .13 .13 .13 .12 .18 .12 .12 .13 .13 .13 .13 30.02 30.09 SO. 13 30.11 30.00 .00 .00 .00 .10 .10 .10 .10 54 (>8 57 60 65 08 70. 74 76. 75 79 79> 80 88 88 88 83 8& 86- 87 77- 75 76 77 79 8L 75 78 ea 8». 78 61 74 88 73 69 66 78 74 68. 69 78 76 73 The mean of the twenty-six observations made at Adams, on the 28th of July, gives barometer 29 1 1 inches, thermometer 76.3. The mean of Dr. Holyoke's obser vatiosa in the same day is, barometer 30.115 inches, thermometer 76.3. The observations ef Mr. Emerson, who was probably situated a little higher above tlie level of the sea than Dr. Holyoke, did not differ sensibly from these. Computing- from thcK observations the elevation of Adams above Salem, (by the rule given in Dr. Maskelyne's Intror duction to Taylor's Logarithms,) it becomes 980 feet. The observation of July 27, calculated in the same way, gave 965 feet As there were twenty-six observations on the 28lh of July, and but one oq the 87th July, the meaa of all will be nearly 97» 321 Mtmniri of tht A- feet. To thin add 34 fcot, the height of Dr. Holyoke'i barometer above the level of Appendix. the sea, the iiim 1,013 feet is the olevation of Mr. Meaiervey's house in Adams above ""• **• the level of the sea. Dr. Belknap estimates this height to be nearly .3000 feet, which RiirHTft^ iht IS about three times its real value. By comparing the observations made at the top of Mount Washington, viz: baro- meter 8.3.39 inches, and thermometer 54 degrees, with the mean of the observations at Adams, at the same time — barometer 29.13, thermometer 81. 8— the result ia 6,149 feet, for the diflerenco of elevation of these two places. To this add 1,013 feet, the height of Adams above the level of the sea, and we have the height of Mount Wash- ington above the level 7,162 feet. This estimate may also be made by comparing the observations at Mount Washington with those made at Salem, at the same time, viz: barometer 30.113 iochea, ind thermometer 82 degrees, which give 7,091 feet; to which add 34 feet, (the elevation of Dr. Holyokc's barometer,) and we have 7,055 feet for the height of the mounuin. The mean of this and the former estimate is 7,108 feet; which may be assumed as the elevation of the summit of Mount Wash- ington above the level of the sea. •I* f: W^ ff 1 I V lit APPENDIX, No. XLVI. EXTRACTS THE PROTOCOLS AND CORRESPONDENCK THE GHENT COMMISSIONERS— I8I4. Extracts from Protocol qf Conference between the American and British Commissionera at Ohent, dated August 8, 1814. Appendix. " The British Commissioners stated the following subjects, as those upon which, it ^°' *^ ' •ppeireil to them, that the discussions between themselves and the American Commis- Giuuu irom ib« sioners would be likely to turn." Prntix-nli anil Cnr- ,, » <&'*'"(;'' "'^'1" A revision of the boundary line between the British and American territories team. with a view to prevent future uncertainty and dispute." " The American Commissioners at this meeting stated, that, u|)on the firs* and third points proposed by the British Commissioners, they were provided with instructions from their Government; and that the second and fourtb of these points were not pro- vided for in tlieir instructions." Extract of a Note from the British to the .American Commissioners, dated at GuKVT, ^ugttst 8, I8l\. ** As the undersigned are desirous of stating every point, in connection with the subject, which may reasonably influence the decision of the American Plcnipotcntia- riei in the exercise of their dissretion, they avail (hemsclves of this opportunity to repeat, what they have already stated, that Great Britain desires the revision of the frontier between her North American dominions and those of the United States, not with any view to an acquisition of territory as such, but for the jjurpose of securing her possessions, and preventing future disputes. " The British Government consider the Lakes, from Lake Ontario to Lake Supu- perior, both inclusive, to be the natural military frontier of the British possessions in North America. As the weaker power, on the North American Continent, the least capable of acting offensively, ami the most exposed to sudden invasion, Great Britain considers the military occupiition of these Lakes as necessary to the security of her domi- nions. A boundary line equally dividing these waters, with a right in each nation to arm, both upon the Lakes and upon their slwres, is calculated to create a contest for naval ascendency in peace as well as fn war. " The power which occupies these Lakes should, as a necessary result, have Iho milita- ry occupation of both shores. In furtherance of this object, the British Goverua-.cot is Ullani Citgimli' S8S ZTrVT"^" ' ^'""^"'- ""' " "''• •"'■«*'♦ ^ -i^on.true.1 ., .n intention ^npendi^ to ex end their po,^«.on, to the ,o..,hward oftho Lake,, (which i. by no me.n. th^ N„' «^* object thcy have .n vie«.,) ,hny .re di,po,e|f entered into with the spirit of concilial ion, withoutanv prejudice ta the interest, of the district in question." 'i ' .1 934 JippenJix. No. 46. KttricM fmni the ProicKolH nnil Oor- rfDponderireortho Ohent Commii- Itoaertt. Extract of a Note /torn the American to the British Commissioners, dated at GflEMTf S^tember 9, 1814. •« With regard to the cession of a part of the District of Maine, as to which tiic British PI- lipotentiariesare unable to reconcile the objections made by the undersign-. ed with their previous declaration, they have the honor to observe, tliat at the confer- ence of the 8th ult. the Hritish Plenipotentiaries stated, as one of the subjects suitable for discussion, a revision of the boundary line between the Britisii and American territories, with a view to prevent uncertainty and dispute; and that it 'vas on the point, thus stated, that the undersigned declared that they were provided with instructions from their Government, a declaration which did not imply that they were instructed to make any cession of territory, in any quarter, or to agree to a revision of the line, or to any exchange of territory, where no uncertainty or dispute existed. The undersigned perceive no uncertainty or matter of doubt in the treaty of 1783, with respect to that part of the boundary of the District of Maine which would be affected by the proposal of Great Britain on that subject They never have under- stood that the British Plenipotentiaries, who signed that treaty, had contemplated a boundary different from that fixed by the treaty, and which requires nothing more, in order to be definitely ascertained, than to be surveyed in conformity with its provii» sions. This subject not having been a matter of uncertainty cr dispute, the under- signed arc not instructed upon it; and they can have no authority to cede any part of the State of Massachusetts, even for what the British Government might consider a fair equivalent." Extract cfa Note from the British to the Jimerican Commissioners, dated at Ghent, September 19, 1814. " With respect to the boundary of the District of Maine, the undesigned observe, with regret, that although the American Plenipotentiaries have acknowledged them- selves to be instructed to discuss a revision of the boundary line, with a view to prevent uncertainty and dispute; yet, by assuming an exclusive right at once to de- cide what is or is not a subject of uncertainty and dispute, they have rendered their powers nugatory, or inadmissibly partial in their operation. " 11 Extract cf a Note from the American to the British Commissiotters, dated at ■ GtiEUT, September Z6y 1814. t <' The undersigned are far from assuming the exclusive right to decide what is, or is not, a subject of uncertainty and dispute, with regard to the boundary of the Dis- trict of Maine. But until the British Plenipotentiaries shall have shewn in what respect the part of that boundary, which would be affected by their proposal, is such a subject, the undersigned may be permited to assert that it is not. " The treaty of 1783 described the boundary as « a line to be drawn along the mid- dle of the river St. Croix, from its mouth, in the Bay of Fundy, to its source, and from its source directly north to the highlands which divide the rivers that fall into the Atlantic Ocean, from those which fall into the river St Lawrence; and thence along the said highlands to the north-westernmost head of Connecticut river.' Doubts having arisen as to the St. Croix, designated in the treaty of 1783, a provision was made by that of 1794, for ascertaining it; and it may be fairly inferred from the limi- or i 325 tfttion of the article to that lole object, that, even in thejudgment of Great Britain, <4j]pmdNC. no other subject of conlroveray exiated in relation, to the extenaion of the boundarjr ^' ^ ' line from the source of that river. That river and its source liavine been aceordinKlj niutcu (con im ascertained, the undersigned are prepare*! to propose tl»e aiqxHBtnient of Coowtti8Bion-r»i»»*..c«ociie era by the two Governments to extend the line to the highlands, eonfomubly to the •io°e'«' treaty of 1789. The proposal, however, of the British Pknipotentiaries was not to ascertain, but to vary those lines in such manner as to secure a direct communica- tion between Quebec and Halifax; an alteration which could not be effected without a cession, by the United States to Great Britain, of all that portion of the State of Mas- sachusetts intervening between the Province of New Brunswick and Quebec, although, unquestionably, included within the boundary lines fixed by that treaty. Whether it was contemplated, on the part of Great Britain, to obtain the cession with or without an equivalent in frontier, or otherwise, the undersigned, in stating that they were not instructed or authorized to treat on the subject of cession, have not declined to discuss any matter of uncertainty or dispute, which tho British Plenipotentiaries may point out to exbt, respecting the boundaries in that, or in any ^ther quarter; and are, there- fore, not liable to the imputation of haviqg rendered, their powers on the subject nu- gatory, orinadmissibly partial in tlieir operation." Extract of a Note from the British to the American Cammissioners, dated Ghbnt, October 8, 1814. « The British Government never required that all that portion of the State of Mas- sachusetts intervening between the Province of New Brunswick and Quebec, should be ceded to Great Britain; but only that small portion of unsettled country which interrupts the communication between Quebec and Halifax, there being much iloibt whether it does notalrewly belong to Great Britain." Extract of a Note from the British to the %,imerican Commissioners, dated Ghint, October 21, 1514. " On the qurstion of the boundary between the dominions of his Majesty .ind those of the United States, tho undersigned arc led to expect, from the discussion which this subject has already undergone, that the north-western boundary, from the Lake of the Woods to the Mississippi, (the intended arrangement of 180.%) will be admitted without objection. « In regard to other boundaries, the American Pic. ■pot«ntiaries, in their note, of Augu.st 24, appeared, in some measure, to object to tiie propoeitiofis then made by the undersigned, as not being on the basis of uti possidetis. The undersigned are willing to treat on that basis, subject to such niodiftcations as mutual convenience may be found to require; and they trust that the American Plenipotentiaries will shew by tlieir ready acceptance of this basis, that they duly appiecialo the moderation of his Majes- ty's Government, in so far consulting the honor and fair pretensions of tiic United States, as, in the relative situation of the two countries, to authorize such a j)ropo- silioa." Extract cfa Note front the x'lmeric^n to the British Commissioners, dated at Ghewt, October 24, 1814. " The undersigned c*n now only repeat tlio.sc declarations, and decline treating upon the basis of uli possidetis, or upon any other principle involving a cession of any ■ft \U i i .S3* 326 '^^'^' P"'^"'"^* territory of the United States. As they h«ve uniformly sUted, they can "' ■ treat only upon the principle of a mutual restoration of whatever territory may have SilS^'iS'.^,".''®^" '^*"* ^^ *'**'' P"'*^* ^""" **•'' P""C'pIe th«y cannot i-ecede; and the under- obS?*"c^!;? "?"'.'*' '^®'" ^^^ repeated declaraUons of the British Plenipotentiaries, that Great Bri- •ionen. tain had no view to the acquisition of territory in this negotiation, deem it necessary to add, that the utility of its eoutinuance depends on their adherence to this principle.*' * I Extract from Amtrican Note, No. 6, m answer to British Note, No. 6, dated at Gbent, November 10, 1814. «* In respect to the intended review of the other boundaries between the British and American territories, with the view to prevent future uncertainty and dispute, the undersigned propose the reference of the whole subject to Commissioners; and they present, accordingly, five articles, drawn on the principles formerly adopted by the two powers for settling the question respecting the i-iver St. Croix." The undersigned have had the honour to receive the note and project of a treaty of peace presented by the American Plenipotentiaries on the 10th instant. The undersigned are of opinion that the most convenient course for them to adopt will be to return this project with their marginal alterations and suggestions on the several articles of which it is composed. Cbemt, Nov. 26, 1814, GAMBIER, HENRY GOULDBURN, WILLIAM ADAMS. Project of a Treat}/, as returned by the British to the American Plenipotentiaries 26th Nov. 1814. Treaty of Peace and Amity, between his Britannic Majesty, and the United States- of America. The following marginal remarks and alterations were made and proposed by the British Plenipotentiaries: Note. — It is proposed to omit altogeth- er the words that are underlined. Article 2. (6) Shall have been exchangied, (7) Exchange of the ratification* Article ad. Imnvsdiately after the re- spective ratifications of this treaty, (6) or- ders shall be sent to the armies, squadrons, officers, subjects, and citizens, of the two powers, to cease from all hostilities: and to prevent all causes of complaint, which might arise on account of the prizes which may be taken at sea after the (7) signing of this treaty, it is reciprocally agreed, that the vessels and effects which may be t'.ken in the Channel, and in the North 3S7 (8) The period of the exchange of the ratifications (9) The same term of — parts of the Mediterranean: for all Seas, after the space of from tSppendix (8) that of the signature hereof, shall be ' **'• ^ - restored on each side; that the terms shall ciuacu rroa the be from theChannel and the North re°iKmd«iic1of ula Seas to the Canary Islands inclusively, (9) aionua. whether in the ranean: of Ocean or the Medittr- from the said Cana- ry Islands to the equinoctial line or equa- tor, and of in all other parts of the world without exception. Article 4. (1) TW8 (2) Unless otherwise specified in the present article. (3) Of 1783 Article 4. Whereas, neither that point of the Highlands lying due north from the source of the river St. Croix, and designat- ed in the former treaty of peace between the two powers as the north-west angle of Nova Scotia, nor the north-westernmost head of Connecticut river, has yet been as- certained; and whereas that part of the boundary line between the dominions of the two powers, which extends from the source of the river St. Croix directly north to the above mentioned north-west angle of Nova Scotia; thence, along the said Highlands, which divide those rivers that empty themselves into the river St. Law- rence, from those which fall into the At- lantic Ocean, to the north-westernmost head of Connecticut river; thence down along the middle of that river to the forty- fifth degree of north latitude; thence, by a line due west, on said latitude, until it strikes the river Iroquois, or Cataraguy, has not yet been surveyed: It is agreed that, for these several purposes three (1) Commissioners shall be appointed, sworn, {mutatis mutandis) and authorized to act exactly in the manner directed with respect to those mentioned in the next pre- ceding article. (9) The said Commissioners shall meet at , and shall have pow- er to adjourn to such other place or places as they shall think fit. The said Commis- sioners, or a majority of them, shall have power to ascertain and determine the points abovementioned, in conformity with the provisions of the said treaty of peace, (.3) and shall cause the boundary aforesaid, from the source of the river St. Croix to the river Iroquois, or Cataraguy, to be sur- ' i| 338 Ntk 46. ■iltMM from Ike I'TMMoliandCnr' fwpofidenoe of the ailttil rnmmls* Rlniiara. vcycd and marked according to the said provisions. Tlie said Commissioner!), or a majoH' ly of I htm, shall make a map of the said boundirj, and annox to it % declaration, under their hands and scaht, certifying it to be the true map of the said boundary, and particularizing the latitude and longi- tude of the north-west angle of Nova Sco- tia, of the north-westernmost head of Con- necticut River, and of such other points of the said boundary as they may deem pro- per; and both parties agree t6 consider such map and declaration as finally and conclusively fixing the said boundary. (4) (4) And ih the event of the said two Cotnmissionersdiflbring, or both or either of them reftlsing, declining, or wilfully omittirtg to Act, sach reports, declarations, or statements, shall be made by them, or cither of them; and such reference to a friendly Sovereign or StAte shall be made, in all respects, as in th6 latter part of the third article is contained, and in as full a manner as if the same was herein repeated. Protocol of a Conference, held the 1st December, 1811, al Ghent. At a conference held tliis day, the American Plenipotentiaries projmscd the follow- ing alterations in their project, as amended liy the Britisii Plenipotentiaries. 3. Article 2d. The term to be Rftcen days in Ihc Channel, in the North Seas, in all parts of the Atlantic Ocean to the equinoctial line or equator, and in all i)arts of t!»e Mediterranean. Two months in the Atlantic Ocean, to the latitude of the Cape of Good Hope, and three months in all other parts of the world. In lieu of this alteration, the British Plenii)otentiaries proposed the following, viz: '* That all vessels and effects which may be taken after the space of twelve days from the period of the exchange of the said ratifications, upon all parts of the coasts of North America, from the latitude of 23 degrees north, to the latitude of 47 degrees north, and as far eastward in the Atlantic Ocean as tlie 65th degree of west longitude from the meridian of Greenwich, shall be restored on each side. That the term shall be thirty days in all other parts of the Atlantic Ocean, as far eastward as liic entrance of the Bri- tish Channel, and southward as far as the equinoctial line or equator, and the same time for the Gulf of Mexico and all parts of the West Indies. Forty days for the llritisli Channel and the North Seas. The same time for all parts of the Mediterranean, and one hundred and fifty days for all other parts of the world, without exception,'' which was reserved by the American Plenipotentiaries for consideration. APPENDIX, No. XLVn. EXTRACTS GRANTS OF LAND THE PROVINCE OF NEW BRUNSWICK. «*«««* ..ijqpenrfi*. TO SIMON HEBERT OF A TRACT OP LAND IN THE PARISH OP KENT AND COUNTY ^o^. OP YORK, EitTMU fy«n Gnnu of land bv the province of N, Brauwick. HowABo Douglas. NEW-BRUNSWICK. . _ George the Fourth by the grace of God of the United King-ToBimosH^eru dom of Great Britain and Ireland King, Defender oi". the Faith, &c. To all to whom these presents shall come, Greeting r Know Ye that we of our special grace certain knowledge and mere motion have given and granted and we do by these presents for us our heirs and successors give and grant unto Simon Hebert his heirs and assigns all that lot or tract of land situate in the parish of Kent and county of York in our Province of New Brunswick, and bounded as follows to wit : Beginning at a marked stake on the nonh-east shore of the River Saint John a few chains distant from the mouth of Madawasca River, thence running by the magnet north forty-five degrees east one hundred and twenty-five chains of four poles each ; thence north forty-five degrees west twenty-five chains ; thence south forty-five degrees west ninety chains to a Road reserved (four poles wide) along the eastern shore of Madawaska River; thence bounded by the said Reserved Road and by a reserved Landing as represented on the annexed plan to the shore of the River St. John; thence along the same shore to the place of beginning; containing two hundred and fifty acres more or less with an allowance of ten per cent, for roads. .ii i! ■i Given under tlie great seal of our Province of New Brunswick. Witness our trusty and well-beloved Sir Howard Douglas Baronet our Lieutenant Governor and Com- mander in Chief of our said Province at Fredericton the sixteenth day of May in the year of our Lord one thousand eight hundred and twenty-five and in the sixth year of our reign. By command of His Excellency in Council. WM. F. ODELL. 83» r m t^ftptndix. No. AT. £itr»u from UrtDU or land by the province of N. Bruniwiek ToEdw'dJ.Mun ind oUwn. 330 OBAHT TO EDWARD J. MANN AND OTHERS OF THREE TRACTS OF LAND, &c. IN THE PARISH OF ALNWICK AND COUNTY OF NORTHUMBERLAND. I lii To John King. NEW-BRUNSWICK. George the Third by the Grace «rf G«^ of Jhe United Kingdom of Ed. Win»x,ow. Great BriUin and Ireland King, Defender of the faith, &c. To all to whom these presents shall come Greeting : Whereas Edward J. Mann Esquire, Jonathan Hoar, and Daniel Babbit, Junior, have manifested their desire to settle on certain Lands hereinafter deaiu-ibed, and make proof of their ability to culti- vate and improve the same according to the conditions hereinafter specified as well as of their loyalty to us and attachment to our Government: Know ye therefore that we of our special grace cerUin knowledge and mere motion have given and granted and we do by these presanU for ui our Heira and ButceaBora give and grant unto the said Edward J. Mann, Jonathan Hoar and Daniel Babbit in severalty that is each of them and unto each and every of their several and respective heirs and assigns in and by the several divisions quantities lots pieces and parcels herein after mentioned Three certain Tracts or lots of Land together with an Island conUining in the whole one thousand and fifty acres more or less with the usual allowance of ten per cent for Roads and waste, that is to say unto the said Edward J. Mann the first Tract to- gether with the Island herein after described. Unto i.he said Jonathan Hoar the second Tract. And unto the said Daniel Babbit the third Tract: the said three Tracts aituate lying and being on the South Shore qf Bestigouche River, toithin the Parish ofAlnxoick in the County of Northumberland and abutted and bounded as follows, to wit: The first Tract Beginning at a marked Birch tree standing on or near the Southerly Bank or shore qf the said River about three miles and twenty chains meanired along the said Shore above or fVesierly from Old Church Point. ^ " ^ ^ w The Island included in this Qrant is situated in tlte said Resligouche River in front of the Tract above described along the said Southerly shore about^ eight chains ther^rom being bounded by the waters ^fthe said River and it commonly called Man's Island containing in tJte whole thereqf twenty-seven acres more or less. •••••»,, Given under the Great Seal of our Province of New-Brunswick. Witnesa our trusty and well-beloved Edward Winslow Esquire President of our Council and Commander in Chief of our said Province at Fredericton, the twentieth day of Feb- ruary, in the year of our Lord one thousand eight hundred and eight, and in the forty- eight year of our Reign. By command of the President in Council. JON'N ODELL. OHASIT TO JOHN KING, OF A TRACT OF LAND LYING AT THE MOUTH OF SALMON RIVEK, WHERE THE SAME EMPTIES ITSELF INTO THE RIVER ST. JOHN. NEW-BRUNSWICK. George the Third, by the Grace of God, of the United Kingdom Thomas Saumarez. of Great Britain and Ireland King, Defender of the Faith, die. To all to wliom these presents shall come, Greeting : Know Ye that we, of our special grace certain knowledge and mere motion, have given and 331 granted and we do by these presents, for us our Heirs and Successori., give and grant Jippendix. unto John King his heirs and assigns a Tract of Land situate lying and being at ^°- *^- the entrance of Salmon River which discharges into the River Saint John on its ^^Zuttim Easterly side about six miles below the Great Falls^ within the County of York, ?hi"Sv'in«°?f&! and abutted and bounded as follows^ to wit : • • » • BniMwiek. » • « • •« ••»•''''' '•''■ ""*• Given under the Great Seal of our Province of New-Brunswick. Witness our trusty and well-beloved Sir Thomas Saumarez, President and Com- mander in Chief of our said Province, at Prtdwicton, the twenty-seventh day of October, in the year of our Lord one thousand eight hundred and thirteen, and in the fifty-fourth year of our Reign. By coraiiMnd of the Ptcsidmt in Council. JON'N ODELL. OBAMT TO ALEXANDER STEWART OF A TRACT OF LAND IN THE PARISH OF KENT, AND COUNTY OF YORK. NEW-BRtlNSWICK. George the Fourth, by the grace of God, of the United King- To ai«. Stewart, Wahd Chipmam. dom of Great BriUin and Ireland King, Defender of the Faith, &c. To all to whom these presents shall come, Greeting : Know Ye that we, of our special grace,^ certain knowledge, and mere motion, have given and granted, and we do by these presents, for us our heirs and successors, give and grant unto Alexander Stewart his heirs and assigns, all that lot or tract of Land, situate in the Parish of Kent and County of York in our Province of New-Brunswick, and bounded as follows, to wit : Beginning at an Elm tree on the West aide of the River Saint John, being the upper boundary of a reserve for the use of the Gar- rison at the Great Falls, and thence running along the northerly line qfthe said reserve by the magnet west one hundred and ten chains of four poles each ; thence north thirty-four degrees west thirty-seven chains ; thence east to the said river (a market" Spruce tree standing on the bank thereof in the said line) ; and thence along the said river to the place of beginning: containing three hundred acres. * Given under the Great Seal of our Province of New-Brunswick. Witness our trusty and well-beloved Ward Chipman, Esquire, our President and Commander in Chief of our said Province, at Bredericton, the nineteenth day of January, in the year of our Lord one thousand eight hundred and twenty-four, and in the fourth year of our Reign. By command of the President in Council. WM. F. ODELL. i ' tl 'v: APPENDIX, No. XLVra. EXTRACTS IBOK THE ACTS OF THE GENERAL ASSEMBLY •t THE PROVINCE OP NEW BRUNSWICK. No. M. ESTABUSHINO COUNTIES, PARISHES, AND TOWNS ON THE CANADA LINE, SAVE DES. CnALEUBS.. AND BISTIGOUCHE ANA ST. JOHN R)VERS. Acu of New Bniiuwiek. Boundirin of Counltn, Ptrlibet and Towife. CAP. I. 26 oc*. m. •^i •^oruiumbe>iaati. And whereas by like letters patent since passed, another tract or district of land ly- ing within this province, bounded southerly by the county of Westmoreland, easterly by the Gulf of St. Lav/rence, and the Baie des Chaleurs, northerly bi/ the said Bay and the Southern Boundary of the Province of Quebec, and westerly by a continu- ation of the Western boundary line of the said county of Westmoreland, was also erected into one distinct and separate county, to be called and known by the name of the county of Northumberland. Tcrk. P* And whereas by like Letters Patent, ' thousand eight hundred and ten. SB Om. III. In NoiUiufflbtl luiit. 43 Geo. IIL In Northumtfr- Uiiil. y it: i 'I* W- I CAP. IV. 50, Gf«. m An act to continue for a limited time an act passed in the thirty-ninth year of His Miyesly's Jieign, intituled " an art for regulating the Fisheries m the county qf Northumberland." Passed \Mh March, 1810. „ . „ ., , . 1 1 mi . . • , '" NorlliuBiber Be it enacted by the President, Council and Assembly, 1 hat an act made and ta">i. passed in the thirty-ninth year of His Majesty's Reign, intituled << an act for regulating the Fisheries in the county of Northumberland," be continued, and the said act and evertj ilnuse, matter arid thing therein contained, is hereby continued and declared to be in full force for ten years, and from theuce to the end of the then next session of the general assembly and no longer^ I i! CAP. IV. An act to make perpetual seitral ads of the General Assembly that are near ex- piring. Passed 'iOth March, IS'iO. , Be it enacted by the Lieutenant Governor, Council and Assembly, That an act made and passed in the thirty-ninth year of His Majesty's Reign, intituled " an act for legu- lating the fisheries in the county of Northumberland," &c &c bf, and the same arts are hereby rfei/tfrerf /o 6e ro«//««erf a/i^ ^^BBh^'' ^ t ■ H "M^^tS^Sf*- ' ' |M^p '' ■j^Mffl^j; ^^^^Bnsl''' '• Mp ^^^^^^e! Bl; ^^^^^■■p'i ^ No. 4R. lit* f ltll<*rtKS, 4 Uame. CAP. XI. »7n act to appropriate a part of the public Revenue for the services therein men- t toned. Passed ad March, \sn. Be it enacted by the President, Council and Assembly, That there be allowr-d and paid out of the Treasury of the province, unto the several peraons hereafter mention- ed, the following sums, to wit: &c. Sic. 837 To Hi* Honor the Preiidont iho turn of eleven hundred and fifty poundi for the Jl,,„enili.r further improving that part of the Ureal Uoad of communication leading from Fredcr- t^"- ♦«• icton to the Canada line. Arl. of Ntw DrtMiitwkk. CAP. XVI. Jin act loprotnileforopeninff and rtpuirinff Hoaih andereclinif lirid^eit throuffh- out the Provhire, and improving the navigation qf certain Nivera therein. I'axsed 'iith March, 1820. Be it enacted l.y the Lieutenant Governor, Council and Assembly, That there be allowed and paid out of the Treasury of this Province, to such person or persons a. His Excellency the Lieutenant Governor or Commander in Chief for the time being shall appoint, in addition to the sums already granted by law, and remaining unexpend- ed, the following sums for the purposes hereafter mentioned, that is to say, &c &c. • ■ ■ The sum of one hundroil and seventy five pounds, to explore, lay out, and open a road from the river Nepisigwit to the River Hestigouche, &c. &c • • • • The sum of fifty pounds, for making a towing path and removing rocks between Presquo Isle and the Restook river. The sum of one hundred and fifty pounds for removing rocks and making lowing paths from Restook river to the Grand Falls. m uiu. lit. 1 ■' •w : ' 1 \ t CAP. XXXI. v?n act to repealallthe laws now in farce relating to the establishment, regulation, and improvement of the Great Roads of communication through the Province, an: to make more effectual provision for the same. Passed 2lst March, 1822.' 3G«>. IV *< H. And be it further enacted, &c. &c. That the roads as herein described, \k, and they arc hereby appointed and established to be the great roads of commu- nication through the province, that is to say, &c. &c.— That the road leading Irom Fredericlon to the Canada line, be by the following line or route, thai is to say; From the Market house in Fredericlon, &c. &c. &c.— to Mr. Frascr's lower farm, in Woodstock, thence to the garrison at Presquc Isle, thence across the larger Presque Isle Creek, near the mouth, to the river Roos.ack, thence across the said river near Us mouth, thence to the Grand Falls, and from thence to the Canada line That the road leading from Fredericlon to Ristigouche in Northumberland, be by the following line or route, that is to say; From Fredericlon across the ferry, &c &c &c to the Court House in New Custle, thence , IV. Be it enacted by the Lieutenant Governor, Council and Assembly, That there be allowed and paid out of the Treasury of this Province to such person or persons as His Excellency the Lieutenant Governor, or Commander in Chief for the time being, shall appoint, in addition to sums already granted, the following sums for the purposes hereinafter mentioned, that is to say, The sum of six hundred and fifty pounds, for the Great Road from Fredericton to tlie Canada line, &c. The sum of seven hundred and fiilky pounds for the Great Road from Fredericton to Restigouche. jo: St Lo Nt sor firs tru yet nil poi ion from ce, a bal- through- there be ersons as ne being, purposes iricton to ricton to APPENDIX, No. XLIX. DEPOSITIOBTS or CERTAIN INHABITANTS OP MADAWASKA, caiiGimarno THE BOUNDARY OP CANADA; JOHN G. DEANE, CONCERNING THE SAID BOUNDARY, AND THE TENURE OF CERTAIN LANDS ON TEMISCOUATA LAKE. Emocr Lincolk, Governor of the Slate of Maine. [l. 8.] ENOCH LINCOLN. To ALL WHO SHALL SEE THESE PbESEKTS, GrEETINO: Know ye, that John G. Deane, Esq. of Ellsworth, in our »9ppendix. No. 49. By the Governor: nrpogilfoiiHroti- County of Hancock, whose name' is borne on the papers "«r""'oi"'ci"«,r,; hereunto annexed, is a Notary Public, duly nominated and on\nk"Tellii'sc"m- appointeil, commissioned and qualified; and that to hisT ,— , Acts and Attestations as such, full faith and credit are and ii'ininhaiMim.isoi ought to be given in and out of Court. In testimony whereof, I have caused the Seal of the State to bo hereunto affixed. Given under my hand at Portland, this sixth day of December, in the year of our Lord one thousand eight hundred and twenty-eight, and in the fifty-thinl year of the Independence of the United States of America. A. mCllOl.^, Secretary of Stale. State of Maine: Be it remembered, that on this thirteenth day of November, in the year of our Lord one thousand eight hundred and twenty-eight, before me John G, Deane, Esq. Notary Public, by lawful authority duly authorized, commissioned, and sworn, per- sonally appeared Captain Fearmcr Thibideau, of Madawaska, who, aOer being first duly cautioned and sworn upon the Holy Evangelists to testify the truth, the whole truth, and nothing but the truth, testifies, declares and says; that he is aged fifty-nine years and upwards; was born in the Province of Netv Brunswick, and when he was nineteen years old his father moved with his family to Madaivaska, where the de- ponent has lived ever since. E I] ; Apptndix. No. 49. Dcposltloni con- rflrning the bouii- danr of Canada and certain lands uii lake Temiscou- ata. De)K)sUlonfi of cer- tain inhahltanis of Madawackn. 340 fle is well acquainted with the Grand Portage, and has crossed it several limes to Canada, and has always understood that St. Francis* Mountain, or some place upon it, was considered the lineof Canada, and that fugitives from justice from either side were considered safe from arrest when they had crossed it. He has un- derstood the line to be at a post which was on St. Francis' Mountain, about half way across the portage. Some years ago his neighbours, as he understood, were em- ployed by the government of New Brunswick to work on the Grand Portage. He is now a Captain of Militia, and holds his Commission under the Govern- ment of New Brunswick. In testimony of the truth of his aforesaid declarations, ha now hereunto sets his hand and makes his cross. his FEARMER x THIBIDEAU. cross. In testimony whereof, I the said Notary, have hereunto subscribed my [l. s.] name and affixed my Notarial Seal. JOHN G. DEANE, Notary Public. State of Maine: Be it remembered, that on this thirteenth day of November, in the year of our Lord one thousatid eight hundred and twenty-eight, before me John G. Deane, Esq. Notary Public, by lawful authority duly authorized, commissioned and sworn, per- sonally appeared Jeremiah Dubie, ofMadawaska, who, after being duly cautioned and sworn upon the holy Evangelists to testify the truth, the whole truth, and nothing but the truth, testifies, declares and says ; that he is sixty years of age and upwards; was born in Camarouska in Canada, and moved to Maduwasku thirty-four years ago. Between twenty-five and thirty years ago, he, with thirteen or fourteen others from Madawaska, worked on the Grand Portage, repairing the road from Teniis- couta Lake, to beyond the Grand Fourche, where they met the party from Cana- da; they erected a post and marked it, but the marks he does vot recollect. Mr. Francis Martin superintended the work, and they were employed, supplied, and paid by the Province of New Brunswick. Mr. Martin is dead: four of his sons, some by the name of Herbert, Mr. Foursin and others, worked on the road. He has always understood, that the St. Francis, or some place upon the moun- tain, was the lineof Canada; and that such as fled for debt from either Province were free from arrest as soon as they passed it. In testimony of the truth of his aforesaid declarations, he now hereunto aflSxes his hand and makes his cross. his JEREMIAH X DUBIE. cross. [L. i.] In testimony whereof, I the said Notary have hereunto subscribed my name and affixed my Notarial Seal. JOHN G. DEANE, Notary Public. State of Maine: Be it remembered, that on this twelfth day of November, in the year of our Lord one thousand eight hundred and twenty-eight, before me John G. Dcanc, Esquire, Nota- ry Public, by lawful authority duly authorized, commissioned and s'vorn, personally ap- peared Fear mcr Herbert, of Madawaska, who, after being first duly cautioned and sworn S4l upon the Holy Evangelists to testify and declare the whi:>< truth, and nothing but the Appendix. truth, testifies, declares and says; that he is now uged/o: ty-sir years and upwards, and went to Madawaska when he was eight years old (thirty eight years ago) with Dcpmiuom con- his father and family, where he has resided ever since. He has been to Canada Atn" »f canad* several times across the Urana Portage, and has always heard, ever since he Aa» on like Temiacou- beenoldenottgh to remember any thing, that St Francis^ Mountain, or some place ^^^ liioiTaofter- on it, was the line of Canada, and that those who fled from the one government to jigil'^iki!"" "' the other, were always considered safe from arrest when they had passed it. Between twenty-five and thirty years ago, as near as he can recollect, fourteen or fifteen men went from Madawaska to work on the Grand Portage, of whom the depo- nent was one: They worked on the Portnge two or three weeks; and worked from Lake Temiscouta until they met the party from Canada; where they m,et the party from Canada, a ptst had beeth erected; it was about six feet high. The party from Canada worked to the post first, and were stopping there when the party from the Lake arrived. Tho parties separated at the post, and returned. The party from Madawaska were headed and superintended by Francis Martin, of Madawaska, who is now dead; and they received their supplies from, and were paid by the Province of New Brunswick. Michael Martin, Francis Martin, Mr. Dubie, Mr. Fournie, and many others,, most of whom are dead, worked on the Grand Portage with him. In testimony of the truth of his aforesaid declaration, he now hereunto sets his hand and makes his cross. his FEARMER X HEBERT. cross. I L. S.] In testimony whereof, I the said Notary have hereunto subscribed my name and affixed my Notarial Seal. JOHN G. DEANE, Notary Public. my Slate of Maine: Be it remembered, that on this twelfth day of November, in the year of our Lord one thousand eight bundled and twenty-eight, before me, John G. Deane, Esquire, Notary Public, by lawful authority duly commissioned, authorized and sworn, person- ally appeared Michael Martin, of Madawaska, who after being first duly cautioned and sworn upon the Holy Evangelists, to testify and declare the truth, the whole truth, and nothing but the truth, testifies, declares and says; that /je is aged forty-seven years and upwards; was born at St. Ann's now Frcdericton, and thirty six or thirty-seven years ago his father, Francis Martin, moved to Madawaska with his f;!!Tiily, where he lived until his death. He has heard his father and others in Madawaska say the line of Canada was at Mount S/. Francis. About twenty seven or twenty-eight years ago, as near as he can recollect, his father and others were employed by the Government, or some person acting under the Government of New Brunswick, to work on the Grand Portage, from the Like Te- miscouta to Canada. He, the deponent, worked on the Portage with his father and fourtei'n or fifteen others. They worked on the Portage from Temiscouta Lake towards Canada, across the Grand Four,, .e stream, where they set up a post; the party at work on the Portage met them here from Canada; they fired their guns when the post was set up, and afterwards sejmrated; one party returned to Canada and the other to Madawaska. H is fat her superintended the work for the Province of New Brunswick, and was paid by the Proninct. The provisions which they had were brought from the Grand Falls below, on the river St John. 86* H'l !:i 343 t/tppendix. No. 49. ceralnf the boun dmnr of Cana MICHAEL X MARTIN. cross. In testimony whereof, I the said Notary have hereunto subscribed my [l. 8.] name, and afiixed my Notarial Seal. JOHH G DEy»NE, Notary Public. State of Maine: Be it remembered, that on this twelfth day of November, in the year of our Lord one thousand eight hundred and twenty-eight, before me, John G. Deane, Esquire, Notary Public, by lawful authority duly commissioned, authorized and sworn, per- sonally appeared Sintoh Baulier, o/ Madawatfea, who after being first duly cautioned and sworn upon the Holy Evangelists, to testify and declare the truth, the whole truth, and nothing but the truth, testifies, declares and says; that he is aged forty-sir years and upwards; was bom within six miles of the Grand Portage on the St. Law- rence, and when he was aged eight or ten years came to Madawaska, and lived with Captain Du Pierce, one of the first settlers at Madawaska, and has resided in Ma- dawaska ever since. He is well acquainted with the Grand Portage, and has passed and repassed it a great many times, and has always heard and understood that Mount St. Francis, between the Grand Fourche stream and the St. Francis River, or some place on the mowitain, was the line of Canada. There was a post standing on Mount St. Francis, between the Grand Fourche stream -ind St. Francis River, to which p-^ the people from Canada repaired the road on the one side, and the people of New Brunswick on the other, as he has understood; if it has not always been so, it has sometimes been so. In testimony of the truth of his aforesaid declarations, he now hereunto affixes his hand by making his cross. ;jj'y SIMON X BAULIER. cross: In testimony whereof, I the said Notary have hereunto set my hand, and [l. s.] affixed my Notarial Seal. JOHN G. DEANE, Notary Public. State of Maine: Be it remembered, that on this twelfth day of November, in the year of our Lord one thousand eight hundred and twenty-eight, before nic, John G. Deanc, Esquire, Notary Public, by lawful authority duly commissioned and sworn, personally appeared Joseph Cire, of Madawaska, who after being first duly cautioned and sworn to testify and declare the truth, the whole truth, and nothing but the truth, upon the Holy Evan- gelists, testifies, declares and says; he is aged twenty-eight years; was born in and has always resided in Madawaska, and that he has crossed and recrossed the Grand Portage many times, and was present on the fourth and fifth days of November, in the year of our Lord one thousand eight hundred and twenty eight, when Michael Cire shewed John G. IJeane, Esquire, Xhc place where a post formerly stood. Tlie place is on the St. Francis' Mountain between the Grand Fourche and St. Francis river, on a ridge or highland twenty or thirty rods south-easterly of a stream called 343 Dirty Brook, whioh ™„, wulh.woB.rly. Th.r, i, .ho, no, Ih, pi™ , 1„_ ^i MS JOSEPH xCIRE. In testimony whereof, I the said NoUry have hereunto subscribed mv 1 1" s. J name, and affixed my Notarial Seal. JOHN G. DEANE, Notary Public. ♦— State of Maine: Be it remembered, that, od this eleventh day of November, in the ye« of our Lord one thousand eight hundred and twenty-eight, before me, John G. Deane, Esquire, Not y Public, by lawful authority duly commissio.«d, autborized and sl^o^, T. jo.a»y appeared Mrc^ael Cire, ^ MaUau^aska, who, being first duly .worn u^on he Holy Lvangehsts. to tesUfy the truth, the whole truth, and nothing but the truth, testifies, declares and says, that he is si.ty.two years of age and upwards; was born on Sugar Island near Fredericton, and removed ^,iih his father b^orehe was twenty- one years of age to the place where he now dwells; since residing in Madawaska f'ef^J^ crossed the Grand Portage (ron^L^oTernis.i»,uioC,n»d,nearly every year and some years several times, and has always u,uiersiood, and it hJ^always beeL so understood at Madawaska, that Mount St. Francis, or some place on thaJ Mountam, was the line of Canada. The Mount lies between the Grand Fourche and at. Irancis rivers, and divides their waters. Upon the ascent of the mount from the Grand Fourche, and only one or two hun- dred feet lower than the summit, there is a stream flowing south-westerly called Dirty Brook, on account of the bad quality of the water, within twenty or thirty rods of which on the highland south-easterly of it, and also near a remarkable rock, one differing much in size and appearance from any rock on the road, which he shewed John G. Deane, aforesaid, the place where a post formerly stood, but which has de- cayed or bas heenotherutise destroyed, as he lias not seen it for a few years last past. There were marks on the post, but did not know wliat they meant. In testimony of the truth of his aforesaid declarations, he hereunto affixes his hand by his cross. . . MICHAEL X CIRE. cross. In testimony whereof, I the said Notary have hereunto subscribed mv [l, s.] name, and affixed my Notarial Seal. JOHN G. DEANE, Notary Public. " to write his name at length. his JEAN BAPTISTE + L0x4G. m.ark. In testimony whereof, I the s.iid Notary have hereunto subscribed my [i. s.] name, and aflixed my Notarial Seal. JOHN G. DEANE, Notary Public. x/lpptndi.c. No. 49. Dcpotildonii con- cerning lite Ikium- dlry (if (^aiiattik Binf certain laniln nn lake Teoiiicou- au. Depnsltinnf ofcor- lAlMlnhatittaiiii el' Madan-Odha. State of Maine: Be it remembered, that on this eighth day of Novemb'jr, in the year of our Lord one thousand eight hundred and twenty-eight, before me, John G. Deanc, Esquire, Notary Public, by lawful authority duly authorized, commissioned and sworn, per- sonally appeared Raphael Michaud, of the Parish of St. Emilie, being the upper parish in the Madawa/,ka settlement; and first being duly cautioned and sworn upon the Holy Evangelists, to testify and declare the truth, the whole truth, and nothing but the truth, testifies, declares and says; that ^t; /* twenty-seven years of age and upwards; and that twelve years ago, or thereabouts, he travelled over the Grand Portage from Temiscouta Lake to Canada. While travelling from the river St. Francis to the River Verde or Green River, he saw fourteen or fifteen men from Canada at work on the Grand Portage, repairing the road, and was told by them that a cedar post, s(/u(tred, and standing on the westerly, or south-westerly side, of the road, about halfway between the peak or top of Mount St. Francis and St. Francis river, somctning more than one-sixth of a league south-easterly from said river, was the line of Canada. The post had many marks upon it, which he did not understand, nor does he remember. Since that time hn has passed the Grand Portage nearly every year. The last time he saw the post, was five years since; and although he has since passed and repassed the Portage twice, has not seen the post, and supposes the post has been destroyed by accident or design. He has also always understood from the inhabitants ofMadaiuaska, that the afore- said /jos/ was the line of Canada. He has passed the Portage with others from. Madawaska, much older than himself, who have shewed him the same for the Hue of Canada, and as the place where it was generally understootl to be. In testimony of the truth of his declarations above written, he now hereunto sub- scribes his name. RAPHAEL MICHAUD. In testimony whereof, I the said Notary have hereunto subscribed my ft. ft.] name, and affixed my Notarial Seal. JOHN G. DEANE, 87" Notary Public. tM 346 I . Ifpeudix. No. 49. tfiniiu lit** IxHiii- BaBPQsrrzov OF JOHN G. DEANE, TOUCHING THK BOUNDARY OF CAXAUA. dMtv (if ranariii EnOCH T-INCOLN, oil itkcTtniiKou- Governor of the State of Maine. urn. ]>n[Hwliinnnf John |}.I>f>niie,tiMicblnf ih« iNiiiridary uf Canada. [L. S.l ENOCH LINCOLN, Tc ALii WHO »nA^LL sKh TBSSE Prbsehts, GirEETINO: Know ye, that the Honorable Prentiss Mellcn, of Portland, in our Cumberland, whose name is borne on the paper hereunto annexed, is Chief Justice of our Supreme Judicial Court for the said State of Msine; duly nominated and appointed, com- missioned and qualified; and that to his acts and attestations^ as such, l\ill ftiith ?nd credit arc and ought to be given, in and out of Court. In testimony whereof, I have caused the Seal of the State to be liereunto affixed. Given under my hand at Portland, this sixth clay of December, in the year of our Lord one thousand eight hundred and twenty-eight, and in the fifty-third year of the Independence of the United States of America. lly the Governor: ' A. NICHOLS, Secretary of Slate. I, John G. Deane, of the Stale of Maine, depose and say; that pursuant to instruc- lionK from the Hon. William P. Preble, one of the Agents of the United States for settling the north-eastern boundary of he United States, I profceded to Mudawaska, where I arrived on the thirty-first day of October last; and that on that and many of ihe following days, Theld conversations with many of the oldest and principal in- habitants of that settlement i and to my inquiries «« IVhere has the boundary of Canada been always considered to be?" have been vniformly answered "St. Fran- cis:" and to my explanatory question to ascertain whether they meant St. Francis Jfiver or Mountain, the explanation has been " the Mountain," or someplace upon it, at the head of the streams. And to my explanatory question to ascertain the moun- tain they meant by St. Francis, 1 have been answered that they meant the mountain between the Grand Fourche and St. Francis River: and to my question— " Where do these Rivers empty themselves?" the answers have been " The Grand Fourche runs into the Trois Pistoles, and the St. Francis into tiie River St. John." Some wr .i much further, and were more definite in their answers, and pointed out the exact spot vpon the St. Francis Mountain where a post formerly stood on the portage, which tliey understood to be the boundary of Canada. This spot I visited in company with Michael Cireand Joseph Circ. The place where the post stood is exactly upon the ridge or highland which separates the waters vh'ch flow into the Grand Fourche and the waters which flow into the St. Francis; and, as near as I could judge from walking over the ground, the waters of the respective streams are not more than half a mile asunder. At the place where the post was described to have .stood, there is a rock, peculiar for its size and appearance, differing very much from any other I saw elsewhere on the Grand Portage. Most of the persons further stated voluntarily, without the question being proposed by wj«, that fugitives from Canada were considered free from arrest, when they had passed the St Francis. JOHN G. DEANE. Be it remembered, that on this sixth day of December, in the year of our Lord one thousand eight hundred and twenty-eight, the above named John G. Dfcane personally apBcarcd before me, the subscriber, Chief JUfrtice of th« Supreme Judicial Court of 84T the Stiito of Maine, aii«I made Eolcir.n oath according (o tit laws of this State, tliat *1ppendixf l.lie fncls stated in the foregoing deposition by him subscribed, arc true; wliich ^°' ' deposition 1 hare taken at the request uf Hon. William P. Problc, one of the Agents Utpwiiiui.. on- of the United States for settling the north-eastern boundary of tlio United Slate?. '" - v """' [L. •.] FUEMISS MELLEN. IIV (T i'd ■iiif rerlata Intidi (III lukts 'j'l'lulicnit- Dflpnullionorjiilin Cueaiif, tmcliinf Uif Iriiiirr oriaiiril I'll lukt TauilKOU- or JOHN C. DEANE, TOUCHING THE TENURE OP CERTAIN LANDS NEAR THE QRAND PORTAGE, ON TEkUSCOUATA LAKE. Kkoch Lincoln, Govtmor of the State of Maine. To ALL WHO SHALL BEE THESE PRESENTS, GbEETIKO: Know ye, that Joshua W. Hathaway, Esq., of Ellsworth, in our County of Hancock, whose signature is borne on the paper hereunto annexed, is a Justice of the Peace within and for our County of Hancock, aforesaid, in the said Slate of Maine, duly nominated and appointed, commissioned and qualified; and that to his acts and attestations, as such, full faith and credit are and ought to be given, in and out of Court. In testimony whereof, I have caused the Seal of the State to be hereunto afiixcd. Given under my hand at Portland, this thirtieth day of December, in the year of our Lord one thou- sand eight hundred and twenty-eight, and in the fifty-third year of the Independence of the United States of America. [L. S] ENOCH LLNCOLN IJy the Governor: A. NICHOLS, Secretary of State, 1, John G. Deane, Esq., of lawful age, do depose, having first been duly cautioned and sworn on the Holy Evangelists of Almighty God to tell the truth, the whole truth, and nothing but the truth, do testify and say; that being at the Grand Portage leading from Tcmiscouata Lake to the River St. Lawrence, in the month of Novem- ber last, under the authority of the United States, for tlie purpose of ascertaining certain facts, I there had a conversation with Col. Alexander Frazicr, who resides at the Grand Portage on Tcmiscouata Lake, and claims to be the owner of a Seignorie there. He informed me that his tide deeds were at Quebec; that his seignorie em- braced n territory six miles all around the Lake; that his title was derived through sundry conveyances from the French Government, before the cession of Canada; that while possessed by the French grantee, homage had been done three times at tlie Castle of St Louis, according to the terms of the grant; that Dansville, a French officer, whether the original grantee or not he could not say, but the owner of it at the time of the conquest^ sold this, with all his seignories in Canada, to Governor Murray, the first English Governor of Quebec; Governor Murray sold them to Cal- well, and Calwcll bargained Uicm to his father; and he, the present occupant, finally became the purchaser of this and some seignories on the River Du Loup JOHN G. DEANB. -■1 ,i !^: I ^Ippcndix. tin, 4'J. n*'pt*liirirt^ ran- r<*nilug the Imi--. ilniy nf <'niiHitii ■ lit) Cl'tUdi iNllill An lake 'J'l'HitMtm- mta. ppprMllinnnrjohn i) lleti)^, bxtrliing tfifi t«nilru*( InriilN •n l*kg TeuiMiiu 34S Stale of Maine! Hancock, ss. Be it remembered, that on thii twenty-ninth .lay of December, in the year of our Lord one thousand eight hundred and twenty-eight, the above named John O. Dtane, Esq. personally appeared before me, the subscriber, a Justice of the Peace within and for the County of Hancock, duly authorized by law to administer oaths and take affidavits, and made solemn oatJi, acro-Hinr to the laws of this Sutc, that the facU stated in the foregoing deposit..! i^y »„iu :;al-icribed are true; which deposition I have taken at the request o^ fl,f. Agent* of. the United States for settling the norUi- eastcrn boundary of said States JOSHUA W. HATHAWAY, Justice of Me I'eact. m APPENDIX, Xo L. EXTRACT tBoa Til CENSUS OF THE UNITED STATES, DISTRICT OF MAINE, IN 1820. Extract from the Census qf Ji. D. 1820. The number of Persona within my Division, consisring of 1,256, appears in a jippendix. Schedule hereto annexed, subscribed by nie, this second day of October, in the year N". 50. one thousand eight htjndred and twenty. TRUE BRADBURY, Assistant to the Marshal Eiiract (ttmt the Oiiii'-' of h« U. Hialci of IttiO. Of the whole number of Persons SCHEDULE within the Division allotted to True Bradbury. Free Whi e Malea. f ■fee White 1 Vmalg 1. Q. is B -a H 1 ii f !> *« t s"s -a- ° '^ C t/ •5 3 u ^ 3 — "3 - i-5 «- S a; 3 ■5 rt Nataci of Iletdi of Familiei "8 .H B 3 m c t e 1 u 3 U 1 1 i a Xi a It 3 n El Is 51 1 a U il c 41 ■i 3 1 1 8 I'S £ ■a v5 to il " 1 I ■c is i r. 11 5«? .s.s gH i g 2 £ p^ }! ? .44 gj 5!^ Z lit h) 2 b. 1 lA h kt. £ tl: Ifl (i< Ci. Samuel Kook . Hi ID IH lUhiOII Ml -13 4.1. *.■ I.I :u u. W 4:., tc. ij 1 1 i 1 William William.s 4 1 2 2 1 Joseph llolton . 2 1 1 1 James Holton . 3 1 1 1 1 Samuel llolton 1 I = SauiacI Kendall 1 o 2 1 m Eieazcr Pickard 2 4 3 1 Ebcneztr Warner 2 2 1 •. iMicajah Morrull 1 1 1 J:inies Taylor . 2 I 1 "5 Amos Fiitnam . 1 I 1 S J.urob Harrow . Edmund Core . Thomas Ofdiun Ephraim McCondc William Avercl ir 1 1 1 1 I Joshua Putnam 2 2 2 1 1 3 1 es" Jtpiteiiilix. No. so. Kxunrifcnmiho 'l Miiimul InlU. 350 SCHEDULE— continued. I I a. I •3 N»nK'» of Ilcada i)f Kiimilit'i. Amon PciiTC . Aljraham Pierce Klca/.er Packard Aaron Piilnam . Lewis Wrizht . Joslnia (>. Kendall George Ilart Total •I i a. Samuel Morrison Joseph Ooodcnouf Stephen Morrison Samuel Morrison, Jr Isaiah Morrison Edmund Webber Moses K. Weils Samuel Drew . Total s Francis Violet . Alcvey Tibedore Joseph Markure Henry Tnrtley Lewis Willct . Joseph Somphisaw jSusan Tibe(lore Jeremiah Dubey Loron Scar . Isaac Violet John Violet Alexander Violet John Miresheir Peter Peltihey Charles Martin John B. Martin Bartholenew Burg Andrew Martin Helon Martin . Bartis Morris . Charles Botio . Peter McCurc . Jereman Morio Bazell Martin . Uavid Crock . Larisom Volet . Lewis Sumpheysaw Mi SSI SCHRDULB— oonllniied. I 1 1 3 I i 1^ Nainci of lleikUa or Familiet Francis Carney Frodcric Tarco Simon T«rco . Fi'icr Camio . Alexander Cumiio Oliver Tibedore Augu»tis Violet Francis Violet . John I). Parser Orcniiire Tibedore Paulel Tibedore John li. (iavah AugUMlus Cinvnh Fhinney Sle|)i)edo Ih'njainin Versier Joseph 'I'arrio . Lawranco 'I'arrio Pliermah Dusett John H. riljedorc. eorge Tibedore jHetis Tibcilore Joseph Tibedore I |John H. Tibedore 3 Lario Ik'lllley . a Nichohis Pelchey John Hetiike . Aiexandei Crock John B. Tibedore, Lewis Stephed . Henry Versier David Tibedore Michael Tibadore Peter Crork Jolin Betis Tibedore Betu Lewsiire . Joseph Lewsuro Franeiy Tibbedo Jeremiah Crock Harris Latishicre Davifl Cyer Charles Ad^et . Peter Duperre . Peter Lezert . John Bctisierc Christopher Cyer Joseph Cyer . 'ippendix. Nil ii). Flllmrirriimlhr OlIBIIN fif III* I' MiuiniHinm. 3ff8 k^'-i xifrpenaijc. No 50. SCHEDULE- —continue ite MrIos. d. Free Wli » pce Wtiite i emalea , fixtrnei frnm th< rriiHiDi of the U •|. e "S "^ i 1 1 c ii -§ . a. s Smii'aiif »Si. II -i c u 1 1 d e S '•3 11 5 V II c, ii o d -o'S £•3 '3 3 3 " n l| > 5 ll i?l! .a "3 ■S B ^1 c f ^ ^-i § la l^ "o to = .a f! Names of Heads of Kamilics. i I i C 1 S a 3 M 1 S In S to r si 31? <«. lU ■" bo tl |5 a 3 11 1 II u ^ o ^ el 1 if V is is g 1^ t t t ' 1 ,*i w h g £ Ji a ^ ifc u, b, Ik ii. Ek h b. (•.. John Helis DogIc . 1 10 III Id 16 in to H' lUlottC III 45 4.'!, &c 1.1 10 ims" loOT lii4S 4.'>, tc. 2 1 1 1 2 1 Chrisost Cy^r . 1 3 1 3 1 3 1 1 Joseph Adyct . . 1 2 1 Vasrie Cyr . . . 1 1 2 1 2 3 1 .'.-sepli Daggle . . 1 3 1 2 I Uemeque Uaggic . 1 1 1 1 1 1 Michael Babtert . 1 1 1 Chrystatine Marlon 1 1 1 1 Michael Man . . 1 2 2 1 Vincent Albert 2 1 1 Gcrnianis Sawuire 1 2 2 1 1 1 Chement Sausiere . 3 1 1 2 1 Joseph Michand . 2 1 2 1 Isaac Violet, 3d . 1 2 1 1 1 1 Firmen Nadard 1 2 1 3 1 X Guniain Dcbe . . 1 2 1 1 1 1 Nathan Haker . . 1 i 2 1 Colcmarkee Chrint 1 2 2 1 1 Joseph Mashaw . 1 3 2 1 2 1 3 2 1 Jeremy Jermer 1 2 1 1 1 2 1 1 Paul Miukee ., . 1 3 2 1 3 1 1 Joseph Albarc . . 2 2 1 1 Levy Clare . . . 2 1 1 I 1 ■^ JoH?ph Nedow 2 1 1 3 Menneit Dogic . 1 o 1 1 1 I 1 Joseph Pel key . 1 2 3 J 1 1 1 1 Ran Pel key . . 1 2 1 1 1 1 Jaroni Morio . . 1 2 1 1 2 1 1 Vasion Hare . . 1 I 2 1 1 1 narnum Uushiere. 2 2 1 j.lcremir Josliia jHotis Joshia k. 2 1 2 1 1 1 2 1 1 3 1 1 1 IKIy Ncchosoii . 1 2 1 3 1 Clenio Shimon . . 1 2 1 1 2 1 1 1 Joseph Mashaw . 1 3 1 2 1 1 John Harford . . 2 2 1 John llitchanibovv 1 2 1 1 1 1 1 1 Lewis Leehore 2 1 I Paul Mar((uis . . 2 1 (Jruino Cliassc . 3 1 foscph Micliaad . 3 1 1 2 1 1 I 1 Abert Al'ie/t, Jr. . 1 2 1 1 2 1 1 Alare Ann L. Clare 1 1 1 Joseph Martin , . 1 2 1 I 1 3 1 Simon Martin 3 S 1 1 I t loseph Albert . . | 2 2 1 a 1 so SCHEDULE-continued. BI«Gis Cyr . . ioaeph Cyr Benjamin Nedar Lewis Belflour Michael Mecure Lewis Mecure . . I Francis Martin, Jr. Michael Martin 3d Michael Serene Lewis Belflour, Jr Anthony Gango ^ Nicholas Peltiere . ■'■ Augustine Peltiere ^ Nicholas Peltiere, Jr. "I Leon Belflour . . I John Thibedore I John B. Thibedore a Jean Sier . . Michael Thibedore David Thibedore . Joseph Thibadore . George Thibedore Lewis Thibedore . John B.O. Thibedore Francis Dorsett . Lorent Jenian . . Joseph Jenian . . Benjamin Lerassaus jHonerd Lerassaus Total ^i Si, 1=3 C-S »J I •Appendix. No Hi. Eiiraclfromihi Cfnuiifi ni ik« (J. tilaiw of IIMw ' : ln4.'> 72 57 1 8.^ i 88 I 84 United States of Amehica, r, John Mossey. Clerk of the [Jni.ed States' District C . T"^ ^""■"'' " hereby certify whom it may concern, that .he ^ r ng l'" 'Z'^T ''"'"''' '*' from the original document, the same being one of 'i Ifvl T "•"'/"'•■«' «=«Py of the InhabiUnts of Maine Distric. as rLrln . ^ L 7 '""''^'^""'""'"'°" •nd which, in conformity to the A t ;,rov d n. ^K **""''"' ""'' '''"' '^-■''"'"'«' ' ill n 354 tSppenrlix. tnd by them returned into Court, and subsequently filed in this oiSce agreeably to the ^°' ^'^ ' provisions of said Act. In testimony whereof I have hereunto set my hand and the Seal of said ^District Court this sixteenth day of October, in the year of our Lord one [£■ s.] thousand eight hundred and twenty-eight, and of the Independence of said United SUtes the fifty-third. JOHN MUSSEY. ExtrutAnmUi* Ocnaua of tlia U. United States of America, Maine District, as. Be it known to all whom it may concern, that I, Ashur Ware, Judge of the United States for Maine District, do hereby certify, that John Mussey is Clerk of thQ United States' District Court for said District y and that the foregoing signature is the signature of the said Mussey, and that full faith and credit are due to his official attestations. In testimony whereof I have hereunto set my hand and caused the Seal of said District Court to be affixed, this twentieth day of October, in the year [i. s.] of our Lord one thousand eight hundred and twenty-eight, and of the In- dependence of the United Statsa the fifty-third. ASHUR WARE, ■ Mlin ''' APPENDIX No. LI. GRANTS OP I^AI^D THE COMMONWEALTH OP MASSACHUSETTS, -' 1 -. (Commonweal/ A fffJUassacAusetls. 7..r or .ho Independent .r.^euistwlLr'"'' '" ""^ ""'*"■ «y Hia Excellency the Governor. EDWARD D. BANGS, ^'^'•'''"'•y 0/ the Commonwealth. AaTxoxjB or AOKBaamar FOB THE SALE. TO H. JACKSON AND ROVAL FL. T. or CEHTArv I *vn= EHN HART OP MASSACHUSETTa. Ts^Ml! W^ ' "" """^ ^•'''■• CoOTmo»jerea//A of Massachusetts. riatn landtt to ^nd«..„ ,„„d„d and nine-^-.w^UC^tTSlp^I,::'':';"- ''»«■-•. nnUo,.en..e.„d.rr:5relX:XCrf^^^^^^^^^^^^^ Articlb I, It is hereby mutually corenanted and airreed bv »„,< ki>. the aaid Jackaon and Flint, that they th aTd Gol iM kT I'' '^" '^'*"™'"^« ""'» in behalf of the a.id Co.lnweahC ^t^l"":;; ^o^^ " ^f/ ^^ ^'■-^ ''o "hereby, the lands belonging to this Co,nn,onwealu7l .^ " he fo ,! T'^' ^""'' *>" lands which were sold t« said JprUnn , i^ following bounds: South by Jul,,..., '»-«'../, b'."n:it::;.e!nwLrr "r "^«'""" »' n . [ I 1 fJ;f ^1'. 350 ,9«pendi:r. and a line extending northerly from the source thereof to the Highland, and North- No. 51. g^i by the Highlands, or by the line described in the Treaty of Peace between the aZTofu:. UnitedStatesand His Britannic Majesty; excepting and reserving therefrom four lof, !l':..!rh' o?^Z^- of three hundred and twenty acres each, to every township or tract of land of six miles """""_ jquare, to be appointed to the following purposes, viz: One for the first settled mmis- ^':!Xf.ur,7o 1 one for the use of the ministry, one for the use of schools, and one for the future -H^.^.^iiSrjli'A': appropriation of the Goerul Court. The said lots to average in goodness and s.tua- "^ tion with the other lots in the respective townships; and also excepting and reservmg a tract or tracts (not exceeding five) equal in the whole to one tract of six miles by thirty, to be reserved for the use of the Commonwealth, in such part or parts as the said Con^mittee shall judge best adapted for furnishing masts, in case such tract or tracts shall be found, as, in the opinion of the said Committee, shaH be suitable for this pur- pose, and not otherwise. The said Tract or Tracts not to be laid out within six miles of the Eastern or Western boundary lines, and to be located within two years from thm date. Article II • It is hereby further covenanted and agreed that the said Jackson and Flint shall, and they do hereby contract to purchase of the said committee, all the lands specified in the foregoing Article, and to pay to the Treasurer of the said Commonwealth, at the rate of twenty-one cents for every acre of the land and water, that may be convey- ed to them, conformably to the first article, and to allow an interest oi six per centum per annum, after twelve months from the date hereof, till paid; the payments to be made at the periods, and in the proportions specified in the third article. Abticle III. It is further covenanted and agreed by the said Jackson and Flint, that calculating the amount of all the land and water specified in the first article at the rate of twenty- one cents per acre, and interest thereon after one year from the date of this contract, at the rate of six per centum per annum, and allowing the interest to become prmcipal at the end of each year, on which interest is to be thenceforward calculated, they will pay the amount of the whole principal and interest so calculated in the following manner; that is to say, five thousand dollars in thirty days from the date hereof, and fty thou- sand dollars annually, until the whole of said principal and interest, calculated as afore- said, is discharged; the first annual payment to be made on the eighteenth day of April, one thousand seven hundred and ninety-three, and all the payments to be made m specie. Article IV. In order to secure the fulfilment of the two preceding articles, the said Jackson and Flint do hereby covenant and agree to procure personal security, such as the said com- mittee shall approve of, to the amount of one-fourth part of all the lands, with the in- terest thereon, calculated as in the preceding article; said securities to be divided into as many parts as is stipulated in the foregoing article the same shall be paid m, and such personal security shall be given for one-fourth part of the payments to i,e made in each year, said obligations to be considered as security for part of the sum so stipu- lated in said article to be annually paid. Article V. The said Committee do further covenant and agree, that the said Commonwealth ithall and will execute good and sufficient deeds of the lands aforementioned, to the said Jackson and Flint, or their legal representatives, as often and whenever they shall have paid for any quantity not less thin one hundred and twenty-five thousand acres, al the 35t price stipulated in this contract, subject however to the condiUons expressed in the ^ppzndix. following articles. No. i\ . Ahticle VI. „ \ , . .»^_ .. Granu of laiul t>y the CummoD* It is hereby mutually covenanted and agteed by the parties, that should the said "C?.^"""" Jackson and Flint choose to make payment of any or all the sums specified in the '^"'■^'""f '*«'" several instalments, prior to the respective periods when the ■'ime shall become due, If^'"*"'" i'«"'"'o they may have a right so to do,.and on the anticipation of such a payment, such a digl'uitl'*""'"^* count shall be made therefrom, as shall leave a sum to be received by the treasurer of the said Commonwealth, which, with an interest of six per centum per annum, paid annually, would have completed the payment so anticipated at the period it would have become due. Article VII. The said .Tackson and Flint further covenant and agree to lay out the lana^ they have stipulated to purchase into Townships of six miles square, or as nearly as circum- stances will admit, and to place thereon four hundred inhabitants in five years, and two hundred inhabitants annually afterwards, on one million acres, and in that propor- tion on a larger or smaller quantity; and in such manner as that forty inhabitants shall be settled on each township, in twelve years from tue date of this covenant. Akticle VIII. It being an important object with the said Commonwealth to se-ure the settlement of the lands in the manner expressed in the seventh article, it is hereby covena-ited and agreed by the said Jackson and Flint, that the said Commonwealth shall be held to give deeds only for one half of the lands that may be paid for, till the terms of settle- ment, as before expressed, are complied with, or until the stipulations in the ninth article shall be fulfilled. Article IX. The said Jackson and Flint having a right to anticipate the payments stipulate., in the third article, it is hereby understood and agreed by the said ConinuUee, that the •aid Jackson and Flint sliall, notwithstanding what is expressed in the eighth article, be entitled to receive clear and complete deeds of the whole^iuantity of land paid lor:* provided, that at the tinie of requiring such deeds, they shall have deposited in the Treasury of the said Commonwealth, thirty dollars of the six per cent, stock of the United States for each and every inhabitant deficient of the number stipulated to be placed on the land; but it is understood that the number of inhabitants for whiel a de- posit is to be made for the purpose of obtaining a deed of land which shall have beem paid for, is to bear the same r,roportion to the quantity of lands ior whicJi deeds are demanded, as forty inhabitants bears to one township of six milss square. Article X. It IS hereby further tnutually covenanted and agreed, that th>.« six per cent, slock which may be deposited by the said Jackson and Flint in the Treasury of the Com- monwealth of Massachusetts, to secure the settlement expressed in the seventh artide, shall be restored to the Si.id 'c. ; ..)d Flint, in proportion as they shall put the num- ber of inhabitanis on thftlai..., a( Ive several periods specified, and thirty dollars ol the aforesaid stock shall be for;oite>; it. the said Commonwealth for each and every inhabi- tant which aJiall be deficient c he nunilier stipulated at the respective periods. The interest accruing on the unlbrreile I six per cent, stock, wliile in the Treasury as afore- said, tq 4e fcr the benefit of the caiti Jackson aod Fiiut. 90* it* il ,«i. ■' J| ; 11 K- 358 Jippendix. Ahticlb XL No. 51. ■ It is agreed by both the v-onlracling parlies> thot v.'ithin sixty days after the siirvcy- iiy iiie"iirnin.°n'' ors ishall have rctunud a plan of the tract of land hereby contracted to be sold, either wpBliti of Maau- . ... 1 I J* I I . I r I ■ »^i. cimiwiu. ilie said Jackson or Flint being notihed thereof, they, the said Jackson and Hint, will Artifie: of Agiee- make to the Treasurer of the Commonwealth other bonds for such sums as, with the lupnt tor the *uln irjMkiwii«idH" l>"n hereunto affixed, thi. twenty-second d y be mh" A D fs^r'T''!" '' ''' third year of the Independence of ,he u' it.d sfatcT of A.tn^. ' '"' '" '" '''■ By His Excellency the Governor. EDWARD D. BANGS, Secretary of the Commonwealth. OBASTTS OF ZtANXX TO THE WESTFIKLD AND DEEBFiELD ACADEMIES. Commonwealth of Massachusetts. Tr^tees of Westfie. Academy. anS to Z Wsl ^ S::^-;:; l^:;^ S^^ of S.X m. es square, for said Academy, to be laid out or assigned by thTcommin ' for the sale of Eastern lands, in some of the unappropriated lit the DiTtH of Mame. belong.ng to this Commonwealth, excepting all Lds within six m^soP A scot nver. with the reservations and conditions ofl.tlement TZZTullyTet made .n cases of similar grants. Which said tract of land the said Tultees are here ^:z;:::i:::tir™-' -'' - *-- °^ - -^ - -- - - - Jn Senate. June 9th, 1797. Sent down for concurrence. Read and ctopted. SAML. PHILLIPS, Prest In the House of Representatives, June 10, 1797 Read and concurred. Approved. *^''''^^- "• ^«««^^^S, Speaker. June 18, 1797. INCREASE SUMNER. Commonwealth of Massachusetts. r u L ..• ■ Secretary's Okfice. I hereby certify, that the foregoing is a true copy of the original Resolve In testimony of which. I have hereunto affixed the Seal of the said Com- monweallh. in my custody and possession, this twenty-second day of [L. S.J September, in the yea." of our Lord one thousand eight hundred and twenty -eight, and of the Independence of the United States of Ameri ca tiie filty-third. EDWARD D. BANGS, Secretary of the Commonweal tli. a=i \v- 8«6 jHftpenJiT. .No. Jl. Orma at Xtnt by thf! (Nimmoii- wemth or Mam- cliiiHeiti. nnnlt lo Wnt- fleld anil DauDeld Aciuleinln. R(>w>lvn r — f w fllng a iniit 10 theTiu*- tvn of Deerdtkl Aradcay. Cdmwumteealth qf MmiaekuMtta. m Resoivedl, That \n punuance of » report of ■ j»int Committe* which has been M- cepted by both branches of the Legislature; there be, and hereby is, granted to the Trustees of Deerfield Academy, an;l to their successyrs forever, one half of a Town- ship of six miles square, for and to the use of said Academy, to be laid out or assigned by the Committee for the sale of Eastern lands, in some of the unappropriated lands ill llie District of Maine belonging to this Commonwealth, excepting all lands within six miles of Penobscot river, with the reservations and conditions of settlement which have been usually made in cases of similar grants; which «ud tract ol land the said trustees are hereby empowered and authorized to use, improve, sell or dispose of, ■• they may think most for the advantage of said institution. In Senati, June 14M, 1797. Read and accepted. Sent down (or concurrence. SAML. PHILLIPS, Prat. In the Hot»E OP Repkesertat^Ves, June 17, 1707. Read and concurred. EDWD. H. ROBBINS, Speaker. June 19, 1797. Approved. INCREASE SUMNER. Commonwealth of Mcusachttattta. Sicrrtart's OrricE. I hereby certify that the forego. ig is a true copy of the original Resolve. In testimony of which, I have hereunto affixed the Seal of the said Com- monwealth, in my custody and possession, this twenty-second day of September, in the year of our Lord or i thousand eight hundred and twenty-eight, and of the Independence of the United States of Ameri- ca the fifty-third. EDWARD D. BANGS, Seerttttry of the Commonwealth. [L.9.1 GranitoihrTrn* To all people to whom these presents shall come, Greeting : Whereas the Legisla- AT.rtiiy?''^''' ture of the Commonwealth of Mussachusetts did grant to the Trustees of Westfield Academy, half a Township of land, by a resolve, liearing date the twelfth day of June, seventeen hundred and ninety-seven; Now therefore know ye, that we, whose names are undersigned, and seals affixed, appointed Agents by a resolve of the General Court, passed the fifteenth day of March, eighteen hundred and five, to make and execute con- veyances, and by virtue of other powers vested in us by the same resolve, do, by these presents, in behalf of said Commonwealth, assign, relinquich and quit claim, unto the Trustees of Westfield Academy, and tiieir successors, to be by them bolden in their corporate capacity, for the use of said Academy, half a Township of Land, lying in the County of Washington, or equal to the contents of six miles by three as the same was surveyed by Hoyt and Shepherd, in the year eighteen hundred and five, bounded as follows, viz: Be^inniiiR at the South-west angle of the Sokiiers' Township (so called) in which angle stands a Cedar ti-ee, marked on the East side S. W. and S. T. and on the West side, S. E. 1605 {mark\, thence running due West six miles to a Spruce tree, marked on Uie East side S. W. S. W. E. H. 1 805 [war*] ; on the north side are Uie same marks; thence north three miles to a small Fir marked 3 AT; thonce East six miles to the West lineof said Soldiers' Township; thence South, three miles on said Soldier Township to the Cedar first described: Conditioned however, that the said grantees, or i^i! AyiSi?'/ i 3GI tlieir assign,, ,Ik,II lay out and convey to cacl. ,oUlor, who settled ou said t.acf hcforc .^;,.,„/,> he n„t day o January, seventeen hundred and eiKhty-four, one hundred ncro-, to he • ^o- « aid out «o as host to include his improvements, ond he least injurious to the adioinin''' ""'"'^ half uTown.ship of Land, by a resolve, hearing date the nineteenth day of June 'seven- lecn hundred and ninety-seven: Now iheiefore know ye, that wc whose names are un- dersigned aiul seals affixed, appointed Agents by a i^solvc of the General Court of the Commonweallhafoirsai.l, passed the fifteenth day of March, eighteen hundred an.! five to make and execute conveyances, and by virtue of other powers vested in us by the same resolve, do by these |,resents, in behalf of said CoramonwealU,, assign, relinciuish ami cpiit claim unto the Tn.stees of Deerfield Academy, and their successors, ,o be by them lu.lden in their corporate capacity, for the use of said Academy, half a Townsl.iu ol Land, lying in the County of Washington, or equal to the contt-nts of six miles by three, as the same was surveyed by Hoyt and Shepherd, in the year eighteen hundred and five, boun.led as follows, riz: Beginning at the North-west an-de of the Soldiers' Township, which is a BiiThtnx marked .V. IV. C.S. 71 108 [,««,•/■•] on south-east side o-i the north side marked 115, on the south side IfS and 9 snots, thence due West six mile* to a Fir tree marked N. W. W. S. E. H. 1 805, [mark] on the souU. side, sameon the east skIc, and the word corner on the S. E. side; thence souU. three miles to the North west corner of the half Township, laid wit for Westfield Academy; thence E-st six miles on said Westfield Academy land, to the Soldier Township; thence on said Sol d.er Township, north to the Birch first described; conditioned however, that the s.id grantees or their assigns, shall lay out and convey to each settler, who settled on .siid tract before the first day of January, sevetUc-cn lumdretl and eighty-four, one hundred acres, to he laid out so as best to inclu.lc his improvements, and be least injurious to the adjoining lands: and that they shall settle in said tract ten families in six vears inolu 91* • ' I; < V v\ 'I 362 li titppendix. ding those now iettleU thereon; and that they shall lay out three lota of one hundred ^ [ and nixty acres each, for the following uses, viz: one lot for the use of the ministry, OrMi* oriaiHi one lot for tlie first settled minister, his heirs and asHiicns, and one lot for the use of wHim of Mun- schools m said tract To have and to hold the une to the Tiustees aforesaid, their oruMuvvwiAtid ''"•'•'*^'"0" ""*! assigns, on the coiiditicna aforesaid, forever. And we the said Agents JJJJ^'"*'''*" do covenant, that the said Commonwealth shall warrant and defend the premise* flraai loIiTii Triia Bgainst Uic lawful claims and demands of .dl persons. In testimony whereof, we have 'tlSomr!*"''"'''* hereunto set our handii and seals, this twentieth day of September, eii;hte«n hundred and six. JOHN READ, [i„ •.] WM. SMITH, [I,. S.1 Signed, sealed and delivered in presence of Mark Pickabd, Geo. W. CorriN. SuFFOLX, 3S. Button, SOlfi September, 1806. Acknowledged before JOS. MAY, Jus. Peace. Commonwealth of Massachusetts. liAVD Orrics, Boston, SOth Sfj mher, \hi9. This certifies that the foregoing Deed is a true copy of the record in this office, vol- ume No. 3, page 127. attest: GEO. W. COFFIN, Land ,^gent. Commonwealth of Massachusetts. Tlis Excellency Levi Lincoln, Esquire, Governor and Commander-in-Chief in and over said Commonwealth. To all whom it may concern: Know ye, that George W. Coffin, Esquire, is I^and Agent for the Commonwealth of M-issachusctta in the said Commonwealth, [i,. g 1 duly constituted and commissioned, and that to his act and attes- LE**-'! LINCOLN, tations, as such, full faith and credit are and ought to be given in and out of Court In testimony whereof, I have caused the Public Se.il of the Commonwealth to bo Fiereunto affixed, this 22d day of September, A. D. 1828, and in the fifty-third year of the I.:dependence of the United States of America. By His Excellency the Governor. EDWARD D. BANGS, Secretary of the Commonwealth. ORASTTS TO THE I>fhABITANTS OF THE TOWN OF PLYMOUTH. Commonwealth qf Massachusetts. On the petition of the inhabiUnts of the town of Plymouth, praying for legislative wSnu'^f UiViSwn aid, for the security and preservation of their harbour, by repairing the beach raen- or Plynoulh. ' . . , tioned ID said petition, 0S3 JiefOli^d, for rcMOM set forlh in wici p*d out of any unappropriated i.nda in the Diatrict of Maine, with the uau»l reaervation.I?:.;!;r,V'l!.T.:: and rest notion excepting the ten townahips of land on Penobscot river, purchiaod ""-"!_ of the In.iiana: Provided however, that Iheaa.a town of Plymouth ahall, within twoyea-a "Sl'or'l?.'^'. from the i-.Ming of thia resolve, raise and appropriate Jiw thousand dollars, h< addi- "' '"'"""'"'■ t.on to the abov ^rant; the whole to be «, plied .„d iaid out u nder the direction of an Agnnt or A. <,nt» w be appointed by hia Excellency the Governor: Provided also, that the aa.d town of Plymouth shall cause the .,id Township to Iw aurvcycd and located, and . plan ther. of returned into the Lan.l ace, wi>hin the term of three years. February , laoti. In Seno!u, read and accepted. H. O. OTIS, In the House of Repre«enui*ves, March 4, 1806. Read and concurred. March 4, 1806, approved. President. TIMOTHY BIGELOW, Speaker. CALEB STRONG. CoHMOirWXAXTH or Ma '^^^CHUSETTa, ,. . ... Secretary's Office. I hereby certify that the foregoing is a true copy of the original resolve. In testimony of which, I have hereunto affixed the Seal of the said Commonwealth, in mycustodyandpos3ession,this twenty-second [u 9.] day of September, in the year of oui Lord one thousand, eight hundred and ' vonty-eight, and of the Independence of the Unit- ed States of America, the fifty-third. EDWARD D. BANGS, Secretary of the Commonweallli. I" I P ,f '1 i p To all people to whom these presents shall come, Greeting: Whereas the Legislature of the Commonwealth of Massachusetts did grant to the Town of Plymouth, a township of Land, by a resolve bearing date the fourth day of March, eighteen hundred and six, Now therefore Know ye, that we whose names are undersigned and seals affixed, appointed agents by the General Court of the Commonwealth aforesaid, by a resolve passed the fifteenth day of March, eighteen hundred and five, to make and execute conveyances, and by virtue of other powers vested in us by the same and other re- solves, Do, by these presents, in behalf of said Commonwealth, assign, relinquish and quit claim unto the Town of Plymouth, to be by them holden in their corporate capacitj-, for the use of said Town, all the right, title, and interest of said Common- wealth, in and unto a tract of land lying in the County of Washington, equal to the con- tents of six miles square, as the same was surveyed by Charles Turner, Junior, Esquire, in the year eighteen hundred and seven, bounded as follows, viz: Beginning at a Beech tree marked S. E. C. P. standing on the Eastern boundary line of the District of Maine, fifty-five miles north of the source of the Schoodic waters, and running north thirteen degrees East, six miles, to a Fir tree, marked sixty one miles; thence run- ning West thirteen degrees North, six miles to a stake; thence running South thir- I i v^S tMAGE EVALUATION TEST TARGET (MT-3) h /. s* A f/i 1.0 ^1^ 1^ ^ Ui Iii2 I.I us Its u IM IL25 i 1.4 6" 2.0 L6 V ^\^.-' Sciences Corporation 23 WEST MAIN STREET \^EBSTER,N.Y. 14580 (716) 873-45Q3 V ^v « [v o^ ^ 4^ ■^ 'pear on a plan of said lownship, now lodged in the office of the aforesaid Agents. To have and to hold the aforegranted premises, to the said Town ef Plymouth op their assigns forever, en condition h(Mvever, that the s»id grantees or their assigns/ shall lay out and convey to each settler, who settled on said tract before the first day of January, seventeen hundred and eiglUy four, one hundred acres of land, (in case of the settler's decease without assignment, then to liks heirs, and in case of assignment then to the assigns) to be so laid out as best to include the improvements of the settler, and l)c least injurious to the adjoining land'; andthat (hey shall settle in said tract twenl ly families within six years, including those now settled thereon; and that they shall lay out in Said Township three lots of tlirce hundred and twenty acres each, for the following uses, vizi One lot for the use of the Ministry, one lot for the first settled Minister, his heirs and assigns, and one lot for the use of school in said tract; the said lots to average in situation and quality with the other lands in said Township.' To havj and to hold the aforegranted premises, to the said Town of Plymouth or their assigns, on the conditions and reservations aforesaid, forever. In Testimony whereof, we have hereunto set our hands -yid Seals, this nineteenth day of December, eighteen hundred andseven. JOHN READ, [L. s.] \VM. SMITH, [L. s.] Signed, scaled, and deliverel in presence of Geohoe W. Coffin, MosEs Greenleap. Suffolk, ,m. Boston, I9(h December, ISOT. Acknowledged before JOS. MAY, Jus. Peaces. CwHDwnuenllh of Massachusetts. l-^yB Office, Boston, 20th September, 1828. TJiis certifies that Uie foregoLig deed is a true copy of the Record, in this office. Vol- ume No. 3, page 273. *^««*- GEO. W. COFFIN, ■Land^^ent. Ol' THE COMUOxNWRAI/r BSSOLVfiS ir OF >IA9SACHU9ETT8, UESPECTING GUANT8 OF LAlfO TO CERTAIN SOLDIERS. ...(^ommonioealth of Massachusetts. Whereas, in a rfstng republic, it is highly important to cherish thaf tvitriotlsm which conquers a love of case, of pleasure, and of wealth; which prompt* individuals to a love of their Country, and induces them to embrace every ojiporlunity to advance its l.iosperity and happiness, as well by ameliorating the fate of those citizens whom the S96 fortuneof war ha« thrown into captivity, as by cheerfully contributing to its support Appendix, and defence: And whereas the love of enterprise, when guided by a just sense of pro- ^o. 51. pnety and benevolence, may become the parent of many virtues„and.a State is some- c,:;:77f u.d Umes indebted for itssafety, to the virtues and undaunted courage of a single man: !l''e.!llf n^ST: And whereas the Senate and House of Representatives of this Commonwealth are""""— desirous to perpetuate a remembrance of the heroic enterprise of Wm. Eaton, Esq r„£Si'^ui'^ wh.le engaged in the service of the United States, whose undaunted courage and bril- "^1^-^, liant services so eminently contributed to release a large number of his fellow citizens 'ilSi"""^"'- late prisoners in Tripoli, from the chains of slavery, and to restore them to freedom' their country, and their friends; Therefore Resolved, that the Committee for the sal6 of eastern lands be, and they are hereby, authorized and directed to convey to Wm. Eaton, Esq. a citizen of this Commonwealth, and to his heirs and assitms, atract Of land, to contain ten thousand acres, of any of the unappropriated land of this Com- monwealth, in the Districtof Maine, (excepUng the ten Townships on Penobscot river ) And be It further Resolved, That His Excellency the Governor be requested, as soon as convenienUy may be, to cause to be transmitted to the said Wm. Eaton Esq an authentic copy of this resolution. ' IwSiNATB, .Peftrt«wy85, 1806. Sent down for concu-^nce. H. G. OTIS, Prest. Ik the House op Rephesentativis, MarcA 3, 1806. Read and concurred. TIMOTHY BIGELOW, Speaker. MarcA 4, 1806. Approved, CALEB STRONG. Commonwealth of Massachusetts. Sechetaht's Office. I hereby certity that the foregoing is a true copy of the original resolve. In testimony Of which, I have hereunto affixed the Seal of Uie said Com- monwealth, in my custody and possession, this twenty-second day of Sep- tember, in the year of our Lord one thour-and eight hundred and twen- ty-eight, and of the Independence of the United States of America the filYy-tliird. EDWARD D. BANGS, Secretary of the Commonwealth [I., s.] To all peqjlc to whom these presente shall come, Greeting: Whereas the Legisla. Cnuovvmiam ture of tlie Commonwealth of Massachusetts, did grant to William Eaton, Esquire, *^"'"" ten thousand acres of land, by a resolve bearing date the fourth day of March, eigh- teen hundred and six: Now therefore know ye, U»at we whose names arc undei-signcd and seals affixed appointed Agento by tie General Court of the Commonwealth aforesaid, by a resolve passed the fitieenth day of March, eighteen hundred and five,, to make and execute conveyances, and by virtue of other resolves, Do, by these presents, in behalf of said CommonwealUi, assign, relinquish, and quit claim unto William Eaton, of the town of Brimfield, in the county of Hampden, and Commonwealth aforesaid, Esquire, his heirs and assigns, all the right, title, and interest of said COmmonwealUi, in and unto a tract of land lying in ch^County of Washington, containing tenUiousand acres, as the same was surveyed by Charles Turner, Junior, Esquire, in the year eighteen hundred and seven; bounded as follows, viz: Beginning at a Maple tree marked S E 9«* ■ ' h I 366 -^Z'^t' t '^;""f '• ,^- ^J- "-"« »he South-west corner of Plymouth gn.nt; Thence West thirteen degrees North, two miles one hundred and ninety-four rods, ic a stake by iK-tJ^IS'^'^g "I'' ^°"^''-^«'t corner^ thence North thirteen degrees East, six miles; thence SSI!'...""*'— -East thirteen degrees South, two miles one hundred and ninety-four rods, to the ^R««.v« bv ,h. fl'orth.west corner of a Township of land granted to the Town of Plymouth: thence S&'? r? ''''^" ''^" '^"*' ^^ '""^^' °" '"^^ "- °f -''I P'y--^ Township, to i.«i.o?/rt.in«,i:the first menucned bounds, together with all the Islands in those parts of the Aroos- or.„. ITWiui^, '°°^ "''*': ""^'"^ ■"* '""'"''"^ ^'*'° t''^ «f°'-«'«''d bounds, together with all the pri- E.j«,. vileges and appurtenances thereto belonging; excepting and reserving for the use of the Commonwealth, andaa a common highway forever, the maki channel of the said river Aroostook, in ita course through the said tract of land; the said tract containing ten thousand acres of land, including the river Aroostook running through the same, an will more fuUy appear on a plan of said tract, now lodged in the office of the aforesaid Agents: To have and to hold the aforegranted premises to him the said William Ea- ton, his heirs and assigns forever. And we tl»e said Agents do covenant, that the said Commoiwealth shall warrant and defend the premises, against the .awful claims of all persons. In tesUmony whereof, we have hereunto set our hands and seals, thiatwenty-eighth day of January, ei^teen hundred and eight JOHN READ, [t. 8.] „ ^ , . WM. SMITH, [L. s.] Signed, sealed, and delivered in presence of Chas. Davis, John S. Williams. SoMOLK, ss. Boston, 29eh January, 1808. Acknowledged befo.e CHAS. DAVIS, Jus, Pacts, Commonwealth of Massachusetts. Land. Office, Boston, 20M September, 1828. This certifies that the foregoing Deed is a true copy of Uie record in this office, vol- ume No. 3, page 289. Attest: GEO. W. COFFIN, Land Agent. — ♦ — . Cbmmonwealth of Massachusett*. By His Excellency Levi Lincoln, Esquire, Governor and Commander-in-Chiif in and over said Commonwealth. To all whom it may concern: Know ye, ihat George W. Coffin, Esquire, is Land Agent of the Commonwealth of Massachusetts, in the said Commonwealth, [l. s.] duly constituted and commissioned, and that to his acts and at- LEVI LINCOLN, testations, as such, full faith and crtdit are and ought to be given i« and out of Court In testimony whereof, I have caused the Public Seal of the Commonwealth to be hereunU) affixed, this twenty-second day of September, A. D. 1828, and in the fifty- third year of the Independence of the United States of America. By His Excellency the Governor. EDWARD D. BANGS, Secretary of the Commonwealth. 367 Commonwealth oj MasmchusttL. WWercas application has been made to this Court by a number of per«,ns who served .n the late American army during the war with Gn.at Britain, pra^ng tl gr nt of some of the unappropriated lands in this Commonwealth, and s such a gran W.11 promote the settlement of sach land, as well as v. some rew rd to those Cit^ whose mentonous services in the field so essentially contributed te establish oSe pendence: Therefore, Resolved that there be, and hereby is, granted to each Tl missioned Officer and Soldier who enlisted in'to the lateT;era ArmTto "rd" nng he war with Great Britain, and who was returned as a part of iwlSZTjl of sa.d army, and who did actually serve in said army the lull term of three yeaJand who were honorably discharged, and unto the children if any there be,Tf not te the w.dow of such non-<*,mmissioned Officer and Soldier, and to them on!y who nlis ed as aforesaKl and d.ed .n said semce, two hundred acres, to be laid outsat the ext s^ ofthe Commonwealth, as soon as there sl.all appear a number sufficient to takeTo^ quanuty of land that shall be equal to one Township of six miles square, to be d.Vd'ed and appropnated under such regulations as the General Court shall Lereafter prescribe w.th.n the foHow.nghm.ts, vi^: beginning at the North-east corner of the fand now appropnated by the Committee for the sale of Eastern lands, on the Eastern hn" of th.s Commonwealth; thence running west «x miles; thence Northeriy in a line nar allel w.th the «.id Eastern boundary line, until a tract shall be completed sufficient for each non.comm.ss.oned Officer and private Soldier, their children or widows as afore «a.d; to have the aforesaid quantity of two hundred aores, or twenty dollars as an equ.valentfortheaforesa.d two hundred acres, to be paid out of the Wury tc the Selectmen of the Town where any such nor.^iommissioned Officer or Soldier the- children or widows as aforesaid, resides, for his or their use and benefit And it is further resolved that v I . * any such non-commissioned Officer or Soldier has deceased, or shall decease before he shall get possession of the land hereby granted to h.m. h.3 children or widow, as aforesaid, shall ba entitled to the same, and in orde- to secure to the said nofwommissioned. Officers and privates, and their children and widows, as aforesaid, the benefits v f this grant: It is further .t;solved, ^at all deeds, mortgages or conveyances of. or bonds or con tracts of every description, concerning any of said lands which may be made by any such non-commissioned Officer or private, or his children or widow, before the same shall be laid out and have a settlement made thereon, and five acres thereof shall have been brought under improvement, shall be null and void,- provided always that no such non^commissionsd Officer or Soldier, his children or widow, shall have any benefit from this resolve, who shall not make application therefor within three ye-ra from the time of passing this resolve, and who shall not make the aforesaid settlem^t and culUvaUon within the term of six years. And the Secretary is directed to publish th.s resolve in such of the news papers printed in this Commonwealth as his Excellen- cy the Governor may direct, six weeks successively. direcUy after passing the same. hi Senate, March Ath, 1801. Read and accepted as taken into a New Draft. Sent down for concurrence. SAML. PHILLIPS, Freat. In thf Hous%op Representatives. March 4tA, 1801. Read and concurred. EDWARD H. ROBBINS, Speaker. March 5th, 1801. Approved. CALEB STRONG. Appendix. No. 51. Ornnui of land ny the Cooituun- wMlih or MUH cliuwiu. neaolve br tlip Ooinmnnwctlth of UMMchUMIM rc- •IwcUnii (rana of laQd to ceruln •"!- Ulers. 368 >3ppendia: No. 51. Oranu nf laiul by the rommori- wetlUi of Maut- chuMtta. Reiolve of die CoBmonweklUi of IbUMCtaUMUa re- •peelinf (luu of lind 10 ceiuin aol- dlsifi Commontoealth of Massac Auset is. Sechetart ii OpncBi I hereby certify that the foregoing is a true copy of the original Resolve. In testimony of which, I have hereunto affixed the Seal of the said Com- monwealth, in my custody and possession, this twenty-second day of [l. s.] September, in the year of our Lord, one thousand eight hundred and twenty-eight, and of the Independence of the United States of America Hie fifty-third. EDWARD D. BANGS, Secretary of the Commonwealth. I- I Pill i4t ctaniioB. Fe.- Know all Men by these presents, that I, tlie undersigned, whose seal is hereunto affixed, by virtue of powers vested in me by a resolve of the General Court of the Commonwealth of Maasachusetts, passed the twenty-seventh day of February, eigh- teen hundred and thirteen, and pursuant to a resolve of said Court, parsed the nine- teenth day of February, eighteen hundred and thirteen, Do, by these presenU, in be- half of said Commonwealth, assign, relinquish, and quit claim unto Benjamin Fessen- den, of Boston, ia the county of Suffialk, and Comnjonwealth aforesaid, his heirs and assigns, sU the right, title and interest of the said Commonwealth, in and unto a lot of land situated and lying in a Township called Mar's Hill, or Soldier's township, in tlie county of Washington, being numbered twenty-one, bounded as follows, viz: North on lot number twenty-two. East on lot number nine, South on lot number twenty, and West on lot number thirty-three, as the same was surveyed by Charles Turner, Jr. in the month of September, eighteen hundred and four, aawill more fully appear on reference being had to the plan of said Township, now lodged in the Land Office; containing two hundred acres. To have and to hold the aforegranted premises \a the said Benjamin Fessenden, his heirs and assigns forever. In testimony whereof, Ihavc hereunto set my hwid and Seal, this second dayof Mai-ch, eighteen hundred and thirteen. WILLIAM SMITH, [l. s.] *»igncd, sealed and delivered in presence of us, Titus Welles, William Stevenson. Suffolk, ss. Bxifon, 2d March^ 1813. Acknowledged before WM. STEVENSON, Jut. Peace. Commonwealth (^Massachusetts. Lahd Office, Bosf , 22d September, 1898. This certifies that the foregoing instrument is a trwe co of the record in this office, a».recorded in volume No. 4, page 9; and that the resolve referred to in said instrument, dated 19th February, 1813, transfers the making of deeds from the Secretary of the Commonwealth to the Land Agents. .^ttesl: GEO. W. COFFIN, Land^gent. Commonwealth of Massachusetts. Boston, June Gth, 1806'» ii"a"^i«tTc: ''"^'^ certifies that Gustavus Aldrich, of Mcndon, in the county of Worcester, a sol- Aioricii. jier in the late American army, who was returned as a part of this State's quota of said ariiiy, enlisted for during the vvar with Great Britain, served three years after having so enlisted, ant! was honi rably discharged, hath drawn lot No. 35 in a Township of Land, called Mar's Hill, located and lotted in the Eastern part of this hti d6» CommonweaUh, agreeably to a resolve of the General Court, massed March 9, 1804, and Jlppendix. that the daid lot contains two hundred acres, boundvjd Easterly by lot No. 23, South- ""• *l- erly by lot No. 34, Westerly by lot No. 47, and Northerly by lot No. 36, according orTTInanj to apian of the survey of said Township, called Mar^s Hill, taken by Charles Turner, wUu S'm^ Jun. Esq. September, 1804, and lodged m the Secretary's office; and that on return """"""l- of this cer/;>!ca/e into the said Secretary's office, with satisfactory evidence that the JiV^.'^'ui'To: duties required by a Resolve of the fifth of March, 1801, have been performed, within *"*""" four years from the ninth of March, 1804, the said Gustavus Aldrich shall be enUtled to a deed of the said Lot of Land in fee simple, to be given by the Secretary in behalf of the Commonwealth. JOHN AVERY, Secretary. CommonweaUh ef Massaehwetls. Land Oppici:, Boston, 20th September, isas. This certifies that the within certificate is a true copy of the original record in this «£Scei ^tUtt: GEO. W. COFFINj Lo$ui,igtnt. 9a* fM APPENDIX, No. LII. VOTE. or THE HOUSE OF REPRESENTATIVES or THE STATE OF NEW HAMPSHIRE, iif RELATION TO THE LINES BETWEEN THAT STATE AND THE COMMOVWEALTH OF MASSACHUSETTS, AND THE PROVINCE OF MAINE.-7Ul EEBRUARY, 1789. tPV John Bell, Governor qf the State of New Hampshire, to all who shall tee these presents— Greetittg: Know Ve, That Richard Bartlett, whose official certificate is borne on the paper Ko.M hereunto annexed, is Secretary of the seid State, duly constituted and sworn, and that to his Acts and Attestations, as such, full Faith and Credit are, and ought to be, given, IZ "' ,«JIUu„'i '" ^"^ °"^ °^ ^°"'''' "'*•*'" ""'' °"* of 'he State. In testimony whereof, I have caused the Seal of the State to be hereunto affixed. Given under my hand , at Concord, this twenty- [t. s.] sixth day of September, in the year of our Lord, one tliou. JOHN BELL, sand eight hundred and twenty-eight, and in the fifty-third year of the Independence of the United States of America. •taira rapectlng the llnM botWMn lllatHliie, Maaiik chUKtu,k Maine. 4i STATE OP NEW HAMPSHIRE. In the House or Representatives, Fe^ruart 7th, 1789. roled. That the Honorable John Sullivan, Ebenezer Smith, Nathan Hoit, Joseph Cram, and Jeremiah Eames, Esquires, be, and they hereby are, appointed a Com- mittee to ascertain the unlocated lands within this State, by running the line between this State and that part of the Commonwealth of Massachusetts formerly called the Province of Maine, and the line between the northerly part of this State and the Pro- vince of Canada, and return a descriptive plan thereof. Sent up for concurrence. THOS. BARTLETT, Speaker. In Senate, same day, read and concurred. J. PEARSON, A true copy of the original; examined Septemlrer 26, 1828. ^^'^^ '""^' RICHARD BARTLETT, Secretary of State. »* APPENDIX, No. Lni. EXTRACTS THE REPORT OP THE BRITISH COMMISSIONER,. UNDBR THE 5TH AHTICLE OF THE » HEATY OF GHENT. or Ghent. FirilEitract. Whereas the following boundary has been claimed on the part of his Britannic Ma- Appendix. jesty, before the said Comminsioners, as the boundary of the United States truly intend- *''■ ^•'• ed in the second article of the said treaty of Peace of 1783, and referred to in the fifth «,„„,„ f,„m th.. article of the said treaty of Ghent, iiamely, «Mhat the north-west angle of Nova Scotia t"rrrommu.M.n "should be ascertained and determined to be situate at or near Mars Hill, and to be A^l!"o'f'lhS Tr«ly "formed by the intersection of a line drawn due north from the source of the River' "St Croix with. a line running from the north-vrastcrnmctt head of Connecticut Riv» "er along the highlands which divide the rivers that fall into the Atlantic Ocean, from "those which fall into the River St. Lawrence,- that is to say, along the highlands " which divide the rivers Chaudiere and De Loup, falling into the River St. Lawrence-, « from the rivers Androscoggin, Kennebec, and Penobscot, falling into the Atlantic "Ocean; such line being continued along the highlands in that quarter, in such man- "nerasto leave ail the sources of all the branches of the said rivers Androscoggin, " Kennebec, and Penobscot, south of such line, and within the territories of the United "States, until it meets the '"'id line drawn due north from the source of the River St. "Croix at or near Mars Hill, as aforesaid: And that the north-westernmost head of <' Connecticut River should be ascertained and determined to be at the source of the "north-westernmost stream falling into the uppermost or third lake delineated on the " aid map of the said River, laid down from the exploring survey thereof, as herein "before mentioned; the said river being the only river ever known or called by the " name of Connecticut, along the middle of which the boundary line is to nm, from its " said north-westernmost head to the point where the forty-lifth degree of north lali- " tude, as lately ascertained by the astronomers as aforesaid, strikes the said River Con- " necticut, and thence due west on the line of the said latitude to the poin whence the " said line of latitude has also been lately ascertained, by the said Astronomers as afore- " said, to strike the River Iroqiioi^^ or Cataraguy." That part of the same boundary, thus claimed on the part of His Majesty, whicli extends from the north-west angle of Nova Scotia to the north- westernmost head of Connecticut river, being marked on the said map M^ with a red line.. Therefore, the said Thomas Barclay, the said Commissioner on the part of His Bri- scfomi EMrm tannic Majesty, in conformity with the provisions in that behalf of tlie said fifth article of the treaty of Ghent, now proceeds to make the following Report, as well to the Government of His Britannic Majesty, as to that of the United States of America: Tiie question which has lieen first considered in point ofordcr throughout these discus- sions, is that relating to the north-west angle of Nova Scotia, designated and described in the treaty of 1783 as the commencing point of the boundaries of the United States. r. 3? !i^'! i r: i,.J I'M %■/ h 378 •^T"?- L" "'^ '"""'"'''" '[ '.';" 'l"^'''""' •»'•' Agent of the United State, produced in evidence he i.roclamal.on of H., late Ma,e«ty, King George the Third, .iated on the 2d day of Hn':"','Vr.!l';: ^^'^''^'' ' ^"^' "t-bli-l'lng. among other thing., the boundarie. ol the Province of Que r,;;r'i?'Ar'^'=f '"."'' »:'*"-•"«'' "'"■•« ••""> o"ce to thi. proclamation, a. confirmatory of the cl.m c;.^..nH. T,„.., exh.b.ted by him on thi. occasion on the part of the United States, inferring therefrom s.conTE,„.c, «'"" "'«"•« «^'"»'«^d. ""terior to the treaty of 1783, a Unttwn north-west angle of Novl Scotia, similar .n locality to the one now claimed on the part of the United State. The undersigned Commissioner therefore thinks it proper to state, in the outiwt that although by the proclamation of 1763 certain highlands were described a. forming the Southern boundary of the Province of Quebec, to which boundary the then Provinces of Nova Scotia and of Maine extended in a northern direction, yet that the existence and situation of these highland, wero altogether uncertain, and thi. boundary remain ed altogether undefined and unsettled at the time of the treaty of 1783 The north west angle of Nova Scotia is therefore not referred to in the treaty, as a well known and fixed limit, as is the R.verSt. Croix, a part ol the Eastern boundary of the United States therein described; but, in order to prevent future disputes, the mode of forminir this angle is expressly pointed oit in the treaty itselt /^ubu having ariMn with re ganl to the River St, Croix truly intended in the treaty of 1783, these doubt, have' aince bcoi. settled by Commissioner, appointed by the two Government, under the fifth orticle of the treaty of 1794, who formed their decision upon evidence adduced before them of the river anciently designated and uniformly known by that name But with regard to the prewnt question, the undersigned Commiwiouer fully concurs m thecorrectnc«iof thewntimenuof the Agent of the United State., under the above mentioned article of the treaty of 1704, the late Mr. Sullivan, who, in pawage. of hi. arguments on that occa«on, quoted by Hi. M.je.ty'. Agent in the courw of the* dis cusjiions, expresse. himralf as follows: " The highland, had in the year 1763 been made the boundary of Quebec, or the " Lower Canada boundary, but where the boundarie. or highland, are, i. yet resting on ' he wing of imagination," and « the point of the locality of the north-wc.t angUs i. '• to be the investigation of the next century." The under«gned Commissioner is thus entirely of opinion that the point deaima- led in the treaty of 1783, as the north-west angle of Nov. Scotia, is to be appertained and determined solely by a reference and attention to the provision, of that treaty and to the declared views and mtenUons of the framers of it. 'I'liiri^extiacl. l'!^*. From the arguments of the Agent, of both nation., and the evidence produced in upportof them, copious extractsof which have place in thi. report, and iS the appen- itt rviZr'^' "' ''' ^''"''''''' "°""'''^-- -'^^- ^° ^""-inTr:. lat. Thatthe north-west angle of Nova Scotia, agreeably to the fair conatruction of the treaty of Peace of 1 783, and of the ti^ty of Ghent in 1814, is aituate at M^^miT Z, rst lughland which the due north line f..m the source of [he r1 S C^oTx 'o '„ ers, distant about 40 m le. from the source of the said river St. Croix; ad thatT^ line extending thence along the highland., in a westerly dii^ction, des^riLd by tt red line on the genera map made by his Majesty', principal Surveyor, doe. divide s directed in and by both those treatie^he rive., which empty thems Ive into tT: nver St. Lawrence from those which fall into the Atlantic Ocean; thus in every par ticular satisfying the words of the above named tmUes, and eor/esponding wfh'the obvious intention, of the Fram.r. of then. In proof of thi,, the under.igned Com! oTwrm F*^ Oin TV" ^'^'-^(-"^-<^ - '•'e "PPendix to tSi. re^rg raS . M , ' n "^ I" """''P" ^"'•''^^°'-' '•"'* °f Mr. Campbell; M Carhle, and Mr Loss, Deputy Surveyor., and of Doctor Tiarks, His Maje.ty '. A tronomer. which he considers full and satisfkctory; and the mor^ so, as nl evidence 879 his been offered oi Ihe part of the United St»tei, to rebut, or deny, the truth of thew ^ippendit. reportd. No. a. adiy. Thit it was not contemplated nor intended by the Framcra of the Treaty of r.irJiTT^ um 1783, that the due north line fronr> the source ol the river St. Croix should extend be- lT;:.Ul''r..'« yond the Hiver St. John, but that the north-west angle would bo found, and was to be ei""*T,^'?JMr;X established, as will appear in the sequel of these remarks, at some point of highland"^"""-— between the river 8t. Croix and ttie river St. John. """"' """"' 3dly. That the extension of the due north line from the source of the river St. Croix to Deaver Stream, claimed on the part of the United States as the north-west angle of Nova Scotia, does not agree with the description contained in either of the said Trea- ties. That it is unsupported by any evidence, and manifestly contrary, not only to the inientions of the Frnmers of the Treaties, but to tho repeated instructions of the Ameri- can Congress to its Ministers, on the subject of the Treaty they were directed to con- elude between His Britannic Majesty and the United States of America. These two last propositions will now be considered under the same head. The extension of the due north line beyond the river St. John, docs not agree with the words of either of the said treaties, which direct, that tlis due north line from the .source of the River St. Croix shall extend to the highlands, evidently meaning i\\o first highlands, corresponding with the subsequent description, at which that line should arrive; for if the Framers of the treaty had other highlands in contemplation, further north, they would have excluded the first highlands by an express exception of them. Both these trcities Jcsignato the particidar rivers which are to be divided by tjie highlands, (or the west line) from the north-west angle of Nova Scotia to the Connec- ticut Rivei ; namely, those that empty into the River St. Lawrence, and those which fall into the Atlantic Ocean; and the whole of the.• "f thii distinction are particuUrly noticnd in tho argument of Hi« 1. ^^ M«jc»ty'» Agont, the undcrninncd Conimiisioncr will not ropeut lliem. HZ''".i";X:i^' . "" ^K"'"""- however, to stale one, which has escaped the attention of tho Bri- IiBd-'MnrA?.'' ''**" '^'5''"'- '"''* 'o"P^'nK '» Hie '""t aentonco in the -iil article of Ihe IVeuly of 1 78J. rl"^"*'''""'"' ." ''^"■^ •'y • ''"" '» ** •''•»'*" ''ong the middle of the river St. Croi« fron. ita moutii TbifrfluirM.. " '" ^^^ ^".V "/ '''""% to its source; and from iu aource directly north In the afore- •' said highlands, which divide the rivers which fait into Ihi! Atlantic Ocean from (hoso ♦•which fall into tho Hiver St. Uwronce, comprehending uP Islands within twenty "leagues of any part of the shores of tho Unile.1 States, and lying between lines to bo ••drawn due east from the [loints where tho aforesaid boundaries of Nora Scotia on "the one part, and East Florida on tho other, shall respectively touch the Bay q/ •« Funiiy and tho Atlantic Ocmn, excepting such Islands as now are, or heretoforo «• have been ,v/ithin the limits of the said Province of Nova Scotia." Now, if the words Bay qf Fundy were not intended to be used in contradistinc- tion to those ofJillantk Ocean, why were they adopted in this part of the article? The Agent of tho United SUtes attempts, by anticipation, to answer the queation, by saying •• that aa the River St. Mary's did not empty into a Hay or Gulf, but di' •« rectly into tho Atlantic Ocean, and as the Hiver St. Croix did full into the Bay of Fun- ' • dy" (a part as ho insists upon it, of the Atlantic Ocean) •' it became necessary, in es- «• tabliahing these boundaries with regard to Islands within twenty leagues of the shores ••of the United States, to use the words Bay qf Fundy tnA Atlantic Ocean." .The undersigned Commissioner is of opinion, that the words Bay of Fundy, in this last sentence of the 2d article of the Treaty of 1783, are superfluous, admitting the ar- gument of the American Agent to be correct; because if under the wor 'fV/.r '"'"'" " »he source of the St. Croix Ri vor to the Highlands which divide those Rivers which ThirtPiwct. " «1^P'y themselves into the St. Lawrence from those which fall into the Atlantic Ocean." The reverse is the case; the due north line is to stop at the Highlandj, and from then 2 i second line is to commence, (which two lines form the north-west angle of Nova Scotia,) and proceed in a westerly direction along or passing those High- lands which divide the Rivers, &c. &c. &c. It is apparent on the face of the general map, ihat the line claimed on the part of his Majesty, the red line, from Mars Hill to the north-westernmost head of Connecti- , cut River, is nearly straight; while the line, a blue line, claimed or the part of the United States, winds and changes its course in a variety of directions, and from its being extended so far north, in order to embrace the River St. John and Restigouche, it becomf fl eventually necessary to change its course South, and in a part of it even to the Eastward of South; and this for no other purpose, as it regards the extension of the duu north line, than to include within it these two last nam jd Rivers; for the American Agent has expressly acknowledged in his argument, that unless the Rivers St John and Restigouche are desided to be part of the rivers which fall into the At- lantic Ocean, the American claim falls to the ground. Again it is pij-requisite to have it proved that the members who composed the American Congress, from the year 1779 to the year 1782, and not only the Amerijan Ministers Plenipotentiary, but also those of His Majesty, were deficient in common sense, and devoid of forethought and reflection, before we can admit that they, or any of them, contemplated thit the due north lino from the source of the River St. Croix was to be extended over, and beyond, the River St. John; nay that it was to, or might be extended upwards of sixty miles north of that River, betoreit arrived at the High- lands forming the north-weat angle of Nova Scotia. The undersigned Commissioner founds this remark on the following reasons, and the evidence in support of thein. Had such an extent of the due north line, from the source of the River St. Croix, been intended by Congress, or by the American Pleni- potentiaries, neither of them .vould have proposed that "the middle of the River St. " John, from its source to its mouth in the Bay of Fundy," should be the boundary wnich was to divide that part of the United Stales, from the remaining part apper- taining to His Majesty; thereby accepting, nay voluntarily offeiii.j, "in limine," to accept a !esser extent of Country for a greater. In like manner, had His Majesty's Plenipotentiaries conceived by the words proposed to be used in the 2d Article of the Treaty of 17«3, that the due north line would, or by any possibility might, extend sixty or sevenlv miles north of the River St. John before it arrived at the Highlands, they most assuredly would have acced-d to the first proposal of the American Plenipo- tentiaries to Tiake the River S* John the dividing boundary in that quartei- thereby preserving to His Majesty all the territory North and East of that River. In confirma- tion of this, the undersigned Commiasirner has had the general map, which accompa- nies this report, carefully examined by Dr. Tiarks, His Majesty's -astronomer, who has reported as follows: «' There are contained, from the Intersection of the River St, ' John, by the due north line to its moulh, along the coast to the River St. Croix and ■ -from the mouth of the River St. Croix to its source, thence along the north line to its "intersection with the said River St. John, - . . square miles 4400 " From the British line from Mars Hill, in a westerly direction, to " itt junction with the American line, theme to the source of the "Riv'jr St. John and down the River to its intersection vith the '< norih line, thence along tI:B line to Mars Hill, about - gquarc miles 5592 W7 Jlppendix. No. 53. « From the River St. John fiom its intersection with the north «« line to its source, thence to the junction of the two Line.i, as re- «• jpectively claimed by each nation, along the American Boun- r,.r»^ir(v7ni im " dary line to Beaver Stream, and thence along the north line to ".TCl.t" "kt « ks intersecUon with the River St. John, about - - - square miles 5513 'StiX^%^^. ^ ofGhtnt. square miles 4406 square miles 5113 square miles 707 "Territory in dispute^ - - - - - square miles 1 0705 " Territory which the United Stite* would have gained, if the " Rivor. St. John from its source to its mouth had been the bcunda- "ry line of the two nations ^ .... «' Territory which the United States now chim beyond the River "St. John, ......... " Territory which the United States will gain by their present "claim, beyond the Territory which would huve accrued to them " by the River St. John being made the Boundary, as originally " proposed by Congress, - . .... Any remark upon this statement of His Majesty's Astronomer is unnecessary. The American Plenipotentiaries were instructed by Congress to endeavour to ob- tain the River St John, from its mouth in the Bay of Fundy to its source, as the east- ern line which was to divide the United States from Nova Scotia and Canada. Mr. Adams, one of the American Plenipotentiaries, in his deposition, states* "that one of '« the American Ministers proposed the River St John to be the line abovementioned, « but his colleagues observing that as St. Croix was the River mentioned in tlie Charter « of Massachusetts Bay, they could not justify insisting on St John, as an ultimatum, he " agreed with them to adhere to the Charter of Massachusetts Bay." From this tes- timony it is evident, that the American Ministers agreed to relinquisli all claim to the middle of the River St John, and to. accept a more southern boundary, to wit: the River St. Croix at or near its source. No»v if the claim of. the United States to the middle of the River St. John, from its mouth to its source, could not be justified; and we are bound to believe this, as-the evidence is derived from the American Minister « a fortiori;" a olaim extending over, and sixty-six miles beyond, that River, cannot be justified. From the current of Mr. Adams' testimony it is apparent, that the American Plenipotentiaries accepted a more contracted limit, than the River St. John, for the north-eastern boundary of the United Slates. Had Congress, or the American Ministers who framed the Treaty of 1783, consid- ered it po88ible,.that the due north line from the source of the River St. Croix, in its course to the Highlands, might extend to Beaver Stream, or even so far north as only to cross the River St. John and Restigouche, whereby, as has before been remarked, a large portion of ferritoiy to the south-*ves' of this due nortli line would fall within, the limits of the United States, is it to be believed that, under such an impression, Congress would not have instructed its Ministers, or that those Ministers would not have had the precaution, to have a clause inserted in the treaty, that, in such an event, Uie citizens of the United States should be allowed to navigate such parts of the Riv-' ers St. John and Restigouche as lay within His Majesty's Territory, to wit: from the line of intersection of those Rivers, to their mouths in the Bay of Fundy and Gulf of St. Lawrence? Can the right to take Fish in the Gulf of St. Lawrence bear any com- parison with the free use of the waters of the Rivers St. John and Restigouche? Un- questionably not. Still, with regard to this right to take Fish in the Gulf of St. Law- rence is, we perceive the prudence and good sense of the American Ministers led them to secure it, by express words in the Treaty of 1783, while not a word is said with regard to the rights of the ciiizens of the United States to the use of such parts of the abovementioned Rivers, as were comprehended within His Majesty's Territories. Upon a view of the whole matter, the undersigned Commissioner on the part of His Britannic Majesty, after a full consideration of, and deliberation iipon,,the argumenLs Third Euracl. 378 •^Z'i'f " r.?M ,^^r,'' "^ "'.' '■''^"''''^ Governments, upon (he .subject of « that point of the . "gl'landslav.ng due north from the source of the River St. Croix, and designated in ^fJZ^^- J '^' f"'--';'- ^••^"ty °;P«»ce between the two power, as the nor.h-west angle of Nova Jg,»; ^^;;;»'77"g;''« «'-'t point to be ascertained by the present Commissioners under ..or.^..,,.thcf. th art.c eof the Treaty of Ghent, is of opinion, that, consistently with a due re- •r„.,dK«r.c,. f'"^ »" llic obvious meaning of the plain and intelligible words made use of by the framers of the sa.d former treaty of peace, between the two powers, to express their in- tentions on this point, and consistently wi.h the geographical distinctions so carefully mane by e„. between the difTerent places alluded to, in their designation of the bo n^ „V .1 An : n ' "'■'" ' •=°"«"'«"-«d. within the meaning of the treaty, as falling into the Atlantic Ocean, and that the point of the highlands lying due norlh from ill source of the River St. Croix, and designated in the former Lly of Peace betw en i : uZuTT " "n'""' ^"^"^ °^ ''°^"' '^°^'-' '■' '''^' rit which inter^t . he Highlands at or near the mountain or hill called Mars Hill; and is distant about forty miles, on a line due north, from the source of the River St. Croix And the undersigned Comn^issioner on the part of his Britannic Majesty is further AdaL VrS • •""' "'"■"^"'■^ '-'''''''"''' "'■'^'"S out of the testimon'^^f Mr. Adams one of the Ministers on the part of the United States that negotiated the said former treaty of Peace, and out of the journals of the Congress of the United States „ :";:fr:e:;t:r^^""^°"°^^" '--'^ - *"^'--' - °— "- Foiirili Ejirncl The undersigned Commissioner has thg3 stated, in detail, the grounds upon which the Agents of the wo Governments have endeavoured to support their claim' to the point respec ively eiaimed by them, as the North.vesternmost head of Connecticut Z espeeting which he has declared it to be his opinion that this point is situate th: head he north-westernmost brook or stream which empties into the third lake of Connecticut Riv-er, north of the forty-fifth degree of north latitude. The Commission or on the part of the United States having rnmost water tributary to that river, nor the north-wcsternmo, 1 a , o , ', "'''• -a. none of the cha.-acteristics required by the provisions of ^U^:;l^l^ 7:^ The undersigned Commissioner on the pait of His Hrifinnir M./, , .0 .ho con^deratioa of the only remaining'part of th: W Z^ J ^ Z^: ''"'' '"" '- •sunt romm.s«.u,i, namely, a line " down along the middle of ri, . » '"■" "for.y.,ifth dogree of nonh la.i.ude. from ti.L^ b^ ne^,^" ^ r '^'.^f '^ "- " until it strikes the river Iroouois or C.m., » ' *«'«' latitude oru.eTrca,yof.hent,ui:,:::E;;:::i;:-:-:«;^ ".hat part of the boundary li.ie between the dominin of; '^ ?''' *''''' •'Icn.ls fiom the source of (he river St Cmlv , °"' °' ""• <^^° l'""'*^" ^^•l'ich ex- •;«.o.«.iv„ i,„„ „.„ „i,„ s,. i.,^.„L f,,„ .1,0. : : ;r;jf;r';'' •' Ocea,,, ,„ Ihc „o, ll,.„.„,c„„,„„„ |,„j „f c„„„ec,i„„ liu-er 1 . , '"" i 380 i;f ??'• '^"' Z" "" '""^ '"'""* '" "'' ^''°' ^'••"l"'''' °'- ^'''-"^"y' l^" »«>t yet been »ur- '• veyed proceeds la declare that it is aRreed, that for Me several purposes mention- S.'fS'nVr.jr,^*'^ '" "•« preceding part of the article, "two Commissioners shall be appointed .'IVr^AT •"'°'-"' ""l authorized to act, exactly in the manner directed with respect to those :!hZ.^""y "mentioned in the next preceding article of the treaty, unless otherwise specified in Fini. E..,uc,. "the said fifth article." It is then provided in the same article, "that the s.id " Commissioners shall cause the boundary aforesaid, from the source of the River St. « Croi;f to the River Iroquois or Cataraguy, to be surveyed and marked according to the "provisions of the said treaty of Peace of one thousand seven hundredand eighty-three." f'lvih E.itnci. li The undersigned Commissioner of His Britannic Majesty, conceiving this part of the boundary of the United States, to be, of all others, so clearly designated in the trea- ty of Peace of 1783, that the Commissioners were not authorized to exercise any dis- cretion respecting it, but merely to cause the same to be surveyed and marked, agreea- bly to the peremptory direction in that behalf in the fifth article of the treaty of Ghent, in conformity with the provisions of the said treaty of Peace, had not antici- pate Sib: Yours of the 22d of October Hm been duly received: I have concluded that it will not " be neceMBTv for me to report any opinion on the qu.itions which have been made relative to the boun- " dary line from Connicticut River to the aiver Iroquoia. I intended to have made this coromunicatiotf " soaner, but have been unavoidably prevented doing this before. "lam, very respectfully, your obedient f errant, [Sifned.] "C. P. VAN NESS." ,t m APPENDIX, No. LIV. EXTRACTS '■on TU REPORT or C. P. TAN NESS, TREATT OP GHENT. ^e .rgument, in detail, nor to enter into LT . . """'"'^ ^°' '"'' '° ""»'«« ~^ "^ 'hich has been produced It wm T l P"'"="''"' "a-nination of the evidence ,._ proauced. " will be considered sufficient bripfl^ .„ -..;__ ! SfiL«" I'.™ '>!« length, the arguments m aetaii, nor to enter into . «,.»•- i ". ' '"' """ "* "oi'ce w-- s*. which has been produced It wm T l P"'"="''"' "a-nination of the evidence ♦I.- -^ proaucea. it will be considered sufficient bnVfl., .„ • """^ giuwu from .he he re.«,„, „pon which my opinion is founded, and wh h nnll?^ ""T ?""* °^"-«"°ctU: he control of any questionable or contradictor^ testimonv hT ^^ ° '"' '"^°'"* F" "- - the naw. '" lesiimony that mav havfi ann^...^ :_ Treiiy of Chem. „ „^„ „„,„„ n,y opinion is founded, and wh.Vk ..,.. . — * m.ri«„ c the control of anv ni.p.«,«n»M . ' "'" «ppear to me to be bevonrJ •'"<"' «"' .I.UI oi any questionable or contrad ctorv testimnnv fh,* u «^yond 3,1, ,„icie „, ,„e the case. ■' '^''"nony that may have appeared in ^'"^l^l'^'^'oi- VUmt I ...Ml . .. . FiniEiiract. case. ^ — - -^i^vaivu 111 A^:::tf\r u::fs^:;>::r:i;tt"T^^^^^ ^-«-^'- ^^^ about one hundred and forty- omlenorof^^^^^ ^' « P'-« .nd about sixty-six miles north of the Rive' Stjlhn "? W' ^'''" '*• ^••°'^' country dividing the waters that run nto Rivt si ^ '''V '" ''' '''"^^ "^ flow in opposite direction, and fall i„to .he In .k u"'' ^""" '^°" ''''*''''^ His Britannic Majesty insists that i o'l to Z\ ," L"''" '^''"''' ''' ^«-' "^ forty miles north of [he «,urce of he St Croil Tu ^''"'' "'"^ ^^'^'^^ - »bout the River St. John, and of course about one hu„H "h 7/ "'"'^■"■«'' '"•'«" »-«' "^ contended for on the part of the United St 1 H '"-? ""'" """^ •"" '''' ^'''^^ the River St. John. *"""' '"'* " ''°'^««n 'vaters emptying into i. incomes imporunt hereto as eCt^. J^^^^^ XTI'' "'^'""'^ -re intended, "that angle which is formed bv a l.nl Hr .i The description in the treaty says, Croix River to the Highlds '' wi ^ . " ""''' '"""^ '''' '""^'^^ "^ the St proceeds, ^along tHeflL^^^^^^^^^^ hut it immediately selves into the River St Lawrltlf " '''"'" ^"''"' ">"' """Pty them- the "orth-we.ernmost head oTZeZ rI^^^^^^^^^ "' ''"? '"« '^"-''^ oLnT, lands along which the line ;. ,0 con la! ' TV V "'"'^ '"'^'^^'^^ '"« "'s"- that by a direct reference, the s me d In" " ^^ '? ''' *"''' Highlands; so named. And in the laUer par. 0^1,'^ " """'''"'' '" "'« "'ghlands first Croix to the Highland, ^/^h he n^.^r be t "■^' """^ ''' --" °^ '^« «'• lo«-8: .. East by a line . . drawn alont rh n. ?' '" "«''" ""^ '"""''^ " M- -outh in the Bay of Fundy to .Tsso rce a„d""f "" "^'^ "• ^^°-' ^™"> ''^ aforesaid Highlands which "^ivid .he R.>e slh r,,"'' "'""" ""'""^ ""'-"^ '« ''''^ tho* which f.U into the River sl LawJce » '"'' "" "'"'"'''^ °'='=-' ^^ 96* I! «; ! I'l 1 ■ ! f I 382 '^JWndix. It appears evident to my mind, both from the plain aense and the strict letter of the __ ■ treaty, that the framers of that instrument intended that the line commencing at the li'lI'VofTt"'"'"''^ "'" '^^ ^'- ^'■•''* '"'"•"''' P'-oc'^ed due north, until it should reach those Hiah- "i:r"„„d;'rt'''"^'' "^^'^^ ''■^■'^'^ "^« "'vers that empty themselves into the River St. Lawrence •i>l»7^.1','."' '■'■"'" ".'°|«' «'»ch lali into the Atlantic Ocean. There is no foundation, therefore, in Fim i:,i,ac.. "^y «'pi»io'». on any reasonable construction '.liat can be applied to the treaty, for the argument which has been pressed before the Board, that the Highlands to which the line is to extend from the source of the St. Croix, and at which the point in ques- tion is to be fixed, arc to be the first Highlands, of whatever description, at which the line will arrive in its due north course, or that they can be any other than those >• hich divide the waters falling into the Itivcr St. Lawrence from those which fall into the Atlantic Ocean. Hut it is contended by His Majesty's Agent, that giving this construction to the treaty it is incapable of execution. This argument is attempted to be supported on the ground thaf the Bay of Fundy is not a part of the Atlantic Ocean j consequently that the Rivers St. John and St. Croix, which have their mouths in that Bay, do not fall into the Atlantic Ocean, and that therefore there can be no Highlands due north from the source of the St. Croix, which, at that point, divide waters running into the River St. Lawrence Trom others falling into the Atlantic Ocean; there being no waters of the latter description in that direction to be divided. Before I enter into an exami- nation of this argument I will, for a moment, inquire what will be the result, admit- ting the premises assumed in this regard to be correct. His Majesty's Agent fully agrees with the Agent of the United Stales, that the Highlands which divide the Rivers Chaudiere and De Loup, emptying themselves into the River St. Lawrence, from the Rivers Kennebec and Penobscot, falling into the Atlantic Ocean, as far as they form that division, answer the description in the treaty, and are the Highlands truly intended. And in order to form the angle on his plan, he declares that the words of the treaty are evidently to be understood as intend- ing that the north line should tsrminate whenever it reached the Highlands which in any part of their extent divided the waters mentioned in the treaty. Thus acknow- ledging that the same Highlands which divide the Chaudiere and De Loup from the Kennebec and Penobscot, are in their extension easlwardly to be intersected by the line due north from the source of the St. Croix, but denying to them the same de- scription at the point of intersection. We are brought then by His Majesty's Agent, on his own principles, to the simple question whether these Highlands, so extended,' are situated above or below the sources of the St. John, or in other words, on the north or the soulh side of that River. It is insisted that the north line must stop at Mars Hill, because, it is said that hill "appears to be connected by broken ridges with the mountains near the sources of the Penobscot." Such a boundary, it is declared, will actually comport with th^ terms of the treaty, and will at the same time leave to His Majesty the whole of the River St. John and its sources, which, it is asserted, must have been the object of the framers of the treaty. The Highlands to be extended, we have seen, divide waters running into the River St Lawrence from waters running in an opposite direction, and falling into the Atlantic Ocean. And as it appears that in proceeding easlwardly in the direction of these Highlands, even to the sea coast, the waters continue to divide in the same way, on the one side running into the River St. Lawrence, and on the other side into the sea, or according to the distinctions insisted on, into the Atlantic Ocean, the Bay of Fumly, and the Gulph of St. Lawrence, does it not clearly follow that the ."xtension or con- tinuation of such Highlands is to be found between the sources of the waters thus continuing to flow in the same opposite direction? Can it be reasonable li.at Mar.f Hill, because it may "ajipear to be connected by broken ridges with the mountains 383 near the loiircci. of the Penobscot," m ntherlo be considered such extension, so as to be eminently called (he same Highlands, when these «< broken ridgos," if Ihey actually exist, divide waters not running difl-,-rent ways, but flowing in the same direction? To establish the position that the Highlands which arc fully recognised as dividing the Chaudiere and Dp Loup from the Kennnbcc and Penobscot, after having formed that division, proceed south of the St. John to Mors Hi//, we are driven to the sin- gular necessity of deciding that there are no Highlands which divide .he numerous Rivers to the eastward of the Chaudiere and Penobscot; and which continue to flow in the same manner, viz: the Rivers Ouclle, Kamouraska, Verte, Trois Pistoles, Ri- mousky and Metis, falling on the one side into the River St. Lawrence, and the Rivers St. Croix, St. John, Miramachi, and Restigouche, falling on the other side into the sea. For if there are any Highlands of the latter description, they must, of necessity* be the proper extension or continuation of the former. That there is a chain of Highlands extending from near the sources of Connecticut River, in a north-easterly direction to the sea coa.it, between the sources of the waters running as before mentioned, into the River St. Lawrence, and into the sea, can need no other proof than the fact that there are such waters. There is, therefore, no doubt >n my mind, that even under this view of the case, the line going due north from the •ourcc ol the St. Croix, must cross the St. John, and extend to or near the place de- Bignated for that purpose, by the Agent of the United States. Before I proceed any farther, it may be proper to remark, that by Hig/i/ands I do not mean lands of any particular or peculiar elevation. I cunsider all lands that for any distance lay between the sources of waters running in contrary directions, as lli^k- lands, with reference to such waters, and the general face of the country each wny through wlweh they have their counsea. And thi» appears to be precisely the sense in which the term is used in the treaty. With these impressions, I consider all the evi- dence produced on both sides, as also the arguments in support of it, to shew where the most elevated lands or the highest mountains are situated, as of no importance whatever to the decision of the present question. Nor do I deem it in any wise material whether the sources of streams are found to exist both north and south of the precue point where the angle is formed, if they are found bo h eastwardly and west- wardly of it, m .such a manner as to indicate plainly the direction of the dividing Highlands; which appears to be the case in the present instanrc Any argument therefore lo be derived from a supposed slight variation of the line, already protracted due north from the source of the St. Croix, may be entirely laid out of (lie case On this subject, 1 view the following remarks of the Agent of the United States as unanswerable, and containing all that can be said: "If wc leave llie sources of the waters connected with the St. Lawrence, and proceed south of the sources of streams which fall into the Atlantic Ocean-Where shall we stop? Lands high or low iu that direetion may be said to divide the St. Lawrence from the Atlantic, and this holds true quite to the Atlantic coasi; but they no longer divide the rivers that fall into the .-Vtlaufc from any other waters, .ince they are both encomp.^sed and penetrated by the last mentioned Rivers. Nor can any portion of such lands be entitled to the dis- tinclioa of fornMMg the boundary more than another, since if we depart from the rule of discrimination afibrdod by the different .source.s, no new rule can be devised which does not apply equally to every elevation of land, until we arrive at the source of the St. Croix. ' "The Highlands which divi.le the waters emptying into the Atlantic from those connected with the St. Lawrence, are those which, by separating them, leave the Atlantic streams on the one side, and the St. Lawrence streams on the other This can hold true only of the lands lying between the streams whose contrary direction has already been described; and «o depart from these lands, without a just necessity would be as contrary to sound sense as to a fair construction of the instrument we Jippendix So. St. EoltnttH fnilll tilt Uifiiirt nl' tlH> A- ilitritiiii CtiiHinlil- ^ifiiirr niulur Hit •^lll aitlcle of lb« ■I'lttijf of Ubcnt. Fini Exiui. m .»:e' f % flHf m 1 i m ■■■K Sffi^ " ^H ^^^^H ^^B£>- ■ ^^^K^F FInl Eitiut. 384 *^^f "if '• "" """'' '° *""'""• "°^ '""•» ■ "'"^'-''y "" "i't i» »ot easy to be perceired. That the land! to which we are now alluding are aufficienUy elevated to be worthy the ll';Tol'Z T 'PP^'''""" "f Highland., i, demonstrated, not only by the great length of the Rivera To'Z'\^iSlS, '**""'' '"" *■""" "'«'" '"to the aea, hut, if other demonstrations were wanting, by the T'?.:r"!5\,S:n'l:' «'''*'«'"" furnished by the Surveyors, before the Board. But it is particularly due north of the St. Croix that we are to look for the Highlands mentioned in the treaty, since here they are necessary to form the important angle in question. And here the evidence is most satisfactory. The River Metis is divided from the River Restigouehe by lands more elevated than any other which exist between the Metis and St. Croix; so that it is not only the Highlands, but emphatically the highest land which divides the Rivers. If it were otherwise-if the lands between the Restigouehe and Metis were not characterized by peculiar elections compared with peaks or mounUins which might exist in any other direction, still the argument in fsvor of their adoption as the true Highlands must remain unchanged. The word Highlands is not used merely to denote a single meunUin, or even a continued unbroken range of mounUins running in one direction, but generally to describe an elevated or mountainous region, of which the surface must necessarily be very unequal; such is commonly to be found in ill sections of country in which numerous Rivers take their rise; and since the very principle of gravity demonstrates that the general elevation of the country is greater at the source of a River than at its outlet, the lands which separate Rivers running in contrary directions would naturally be considered as the Highlands which lay between, or divided them. Particularly as relating to a country the topography of which wa. not fully ascertained, a more definite description of such Highlands was hardly possi- ble to be given. Thia is true not only of the lands between the Rivers at the point where the specified angle is formed, but also of all the lands lying between the River. running in contrary directions, throughout the whole line. Whenever these Rivers present themselves, we havt to seek the lands placed directly between their waters, and these lands, whatever variety of elevation may exist among them a. compared with each other, we may rest assured are, in relation to the general fall or average elevation of the country or the level of the sea, the elevated or Highlands dividing those waters; and since it is not consistent with reason to suppose that there should be sources of River, at every point throughout a long line, the protraction of such a line as shall intersect all lines drawn from the nearest sources of opposite rivers to each other, must be considered a line along the Highlands which divide them." I will now enter upon the consideration of the main point relating to this part of the case. I hat is, whether the Bay of Fundy is a part of the Atlantic Ocean. The following extracts from the memorials of His Majesty's Agent, will fully shew the foundation upon which his claim, in this respect, is predicated, and the substance of his argumenu in support of it. He says—" The first question that arises upon this part of the Boundary, is, what Rivers are to be thus divided? The answer is, that by the express terms of the treaty they are to be, firrt, the Rivers emptying themselves on one side info the River St. Lawrence to the wesiivard of the meridian of the source of the River St. Croix; secondly, the Rivers falling on the other side into the Atlantic Ocean to the westward of the mouth of the same River St Croix, in the Bay of Fundy; for as the boundary ^ne was to proceed from its commencement at the River St. Croix westward, no Rivars falling into the Bay of Fundy eastward of the River St. Croix, could have come into the contemplation of the framers of the treaty; and it was evidently the true intent and meanin-: f the treaty to secure to the respective powers the sources of the Kivers emptying themselves or falling into their respective territories, the sources 01 these Rivers being the poinU at which, by the boundary line along the Highlan. s, they were to be divided, and the terms made use of in this regard in the treaty being so precise, viz: " From the north-west angle of Nova Scotia along the Highlands d86 ° f"" 0/ A,«.,r. And where ia it lid^hr^'Mfwr f '" '''• '""'■' '" '^^ ^"^ ««»^e«ce«.../ at the River St. Croi. ZZ^r'VZ 'T 'T"^''>-' ''' St. Croix to the HighlanH,. ie i, expreaalTdeXed is to bH d" ^T "' '^' then proceed, along the aame Highlands and „f . ^^ "°'""' '="^' ^""^ '^ each way, which have their .ourcef^; ^^^^^^^^ 7^'^' ''C "'T '^"'"« the situation of the moutha of any .uch livers I "s ml. " ' T "' ''^''""'' '" t.on of the Highland, that any rL™ a. ZnlJ::: r.ZtZ' ' '"'' "' '"""■^■ River, and Lake.; and the line from t"e'^' c^^ ^T" '" ): -. ^'^^ -^ 'divide one of that «,rt in- the boundaries of the Uniled St t W* ^ '" " ""' ''° ''"'^ line from Connecticut River to the River Ir„„. • r ' ^'""^ """ ""^ l"''''-""" ■^B 1 ^^^H fl- ^^^^^^^^H 9h ^^^^^B 'l^ar * ^^^^^^^^^^B ^^^^^^K |mk - ^^H m' ^^^^H| 1^ ' ^^^^H wh H m ^^^^^H ■i^Bu^'' ^^^^^^H ^^^^^^^^|b «i>. ^^^^^^B ^^^^^^^H ^Bi ^^^^^^^^^^^K ^^^^^^^^^^Hj ^^B'*' ^^^^^^^B ^^B?' III! 386 t/JfijjenUix, is not denied that the object is, in the main, accomplished, on tiic principles contended "' for by the Agent of the United State*. And becansc that may not he tlie case in every Riiruu from iha instance, it cannot lay the foundation fur an utter disregard of the plainest rules of iiii'cican (Vimmin common scose. If the llifthlands north of the St. John, which are designated by .;iii articir „r ihit ^he Asent of the United States, are not the Iliichlands whicit divide the Id vers that ,„ -T" empty themselves into the River St. Lawrence from thosr which fall into the Atlantic Ocenn, that settles the point, that the duo norllvlino is not t» extend to them. IJut if they are truly those Higblands, tlicn the north line must reach them, no matter how many and what streams of water may bo intersected by it, and regardless ef the con- sideration whether the Rivers divided by the lino along such Highlands will, in all rases, cn\|>ty themselves within lluj territories of the same power, within whose do- minions they may have their sources. All the assertions, therefore, of liis Majisty's Agent, which have been so repeatedly made, that it was the intention of the treaty to secure to the respective powers the sources of the Rivers emptying themselves into their respective territories, are entirely foreign to the case, and can only be attributed to his zeal in a cause which it has been his duty to a in which ll)e Rivers St. Croix and St. John both have their mouths, as » part of the Atlanlie Ocean, buV intended to separate and distinguish them, it is not a little extraordinary that they should have ftxe Thus fur I have considtred the angle as originally crtaM by tho treaty and whether that is tho case or not, it can hanlly bo dotibtcd that Ihe treaty is, at all events, to govern tho ty tlK^mselves into the River St Lawrence from those which fall into tl>e sea, to a point in the forty-fifth degree of north latitude, on tlxe eastera bank of the River Coni>ecticut, keeping the same latitude directly west through Lake Champlain, until in the same latitude it meets the River St. Lawrence, from thence up the eastern bank of said River to Lake Ontario, thence through the Lake Ontario and the River commonly called Niagara, and thence along by the eastern «nd south-eastern bank of Lake Erie; following the : i| t f 388 Jipptndix. Mid bank until the ume ahall ho intencetwl by the northern boundary granted by the .1 ■ Charter of the Province of Pennayivania, in case the aame ahall be lo inleraectetl, :ind Hiiratia frn* ui( from thence along the aaid north ond weat boundary of the aaid Province until the ri',r"in*d«'"!jr. **' wcatcrn boundary atnke the Ohio; but in caao the aaid bonk of the aaid l^ke Tliiy»f*ohtiII" ■*•''' "*" ^ '*'""'* **»'»«•« interaected, then following the naid bank until it ahall viru'ETifMi. 'rrive at that point of the aaid bank which ahall be iieurcat to the north-weat angle of the aaid Province of Pennayivania; and thence by a right line to the aaid north-west angle ol xnid Province, and thence along the western boundary of aaid Province until it atrikcs the Ohio, and along the bank of aaid River westward to the bank of the Miaaiaaippi, and north to the aoulbcrn boundary of the territory granted to the mer- chant advcniurcni of England trading lo liudnon'a Bay; and also all such territoriea, Islanda and countries, which have since the tenth day of February, 1763, been made part of the Oovcrnment of Newfoundland, be and they are hereby, during hia Majesty's pleasure, annexed to and made a part of the Province of Quebec, oa created and eata- bliahed by the said Itoyal Proclamation ul the 7lh of October, 17H3." It will be seen that the western boundary of Nova Scotia, by the Charter of that Province, was a line from (he remotest western spring-head of the River St. Croix, to run through the land northward lo the next road of ships, river, nr spring, dis- charging itself into the great River of Canada, (St. Lawrence.) Whether thi^ lire was, in any event, to extend to the St Lawrence itself, which h«» been made a ques- tion, is wholly unimportant in the present discussion, as it would, in any event, pass over all the Highlands between the St Croix and the waters connected with the St. Lawrcnoe in the d.rection of auch line. By the proclamation above mentioned, it appears the southern boundary of Que- bec was to be «' a line along the Highlands which divide the Rivers that empty themselves into the said River St. Lawrence, from those which fall into the sea, and also along the north coast of the Bay do Chalcurs," &c. This line would cross the western line of Nova Scotia, running from the St. Croix northward, on the Highlands just described; and this point of intersection then became the north-wtjt angle qf Nova Scotia. The Act of Parliament of 1774 made some alterations in the boundaries of the Province of Quebec, but its southern limit was again declared to be " a lino along the Highlands which divide the Rivers that empty themselves into the River St. Law- rence from those which fall into the sea." It is presumed no doubt can arise, and certainly none has been suggested, that the Highlands which are described, both in the King's Proclamation and the Act of Par- liament, lay north of the River St. John; as that is one of the principal Rivers falling into the sea, whetl;er that part of the sea where its mouth is situated, is called the Bay of Fundy, or the Jltlantic Ocean. Re.urning again to the treaty, it will be perceived that the boundaries of the United States are to commence " from the north-west angle of Nova Scotia." Now, if there was at that time no north-west an^le of Nova Scotia, .. ,„ , ci / iiir.;nlar that it should have been expressly referred to as such, and adopter' as th>> ro- nencement •>' ne boundary. And if there was then such an angle, I m\j jhewn that it was north of the River St John, and on the same Highlands to which the claim of the United States extends. But it is said that the treaty, after providing that the boun- daries shall commence at the north-west angle of Nova Scotia, goes on and describes the angle thus, viz: "that angle which is formed by a line drawn due north from the scurce of St Croix River to the Highlands, along the said Highlands which divide," ac Thii is true; but the question still arises whether this by itself makes an angle to Nil 5 Scotia. For if the treaty line, "drawn due north from the source of St Croix River to the Highlands," stops short of the line which, by the Proclamation and tlic Act of Parliament before mentioned, jiasses "along the Highlands which divide 389 .hence w..t;.rd ^o^i^^ll ZhZ^^ZT t' ''" "T """'"« ^""" ^^ " St..e.* but how it coulU forn. the tr.h : '.t " e !f N J' "'*'' "' "" ''"'""^ ,'."~-7r'-' of .he line between ,h.t Province T ^ ZL:"' l^'r* '*'-'"• -""""'»-''» 5^"i;^^i of the line between ,h.t P v e . d o! JV 7* '"'"' *'"""" '»•" "''» ?""•-• ^vrdly.it i. difficult .oUrinrn.KK' u" '"" '^~"' '** '"•"'"•.ion ewt- ifi-.r^r .t /. .marine. On (he other h.n.l, if the due north line oi" tl.o ^"'"Jl"'""'- """"■' " ^'irM Eitnn. Wirdly, it in difficult to Imairine the southern boundary ol «u..t.J Th„ *.u "'*^'''"''» '^""^ '"•"'ioned, forming sioncM appointed under the treaty of 1704 ,„ i . ""."'"^ •«"'«'' ''X 'he Commis- intcnded by tho treaty of naC ntt.e St c"Tr" ''" """ ""^ ^*- ^""■'' «..cler. and .he St. Croix of the trel wero 'h u '""' '' ^'" ^"""" ^'«- t..ey actually ^o.si...,[::::^^^^^^ ""T''- °^'»>« «iver, /».«,/ vva. the source thereof, had not 1 1^^. o^ .1. T ' "'"'""' ^^"■'•^■ which will appear in anoth r part of thia r'-r ''" ''"''""""="'»' ^'"•™"°'"' Ihe Con..i..ionera ,o establish' difforentVou';::!' '' "''°"' "" ^"'""^ ''''>""'•='» But there are still further ifrmnwl. «« i,„i- .l "tituted the aouthern bo„X Que L t^^ JL d 77 l''^"""'' ''''"^'' ^°"- - .ho,e to which the due no'r.h lin ^7:;. 7 T^ o" '" "' '" ''"^ '''''' ^cription is, that in the one case they .re to dTvid!" « h „ ^ ''"■""'°" '" "'** ''°- sclvcainto the River St Lawrence Lr tho lie fVr I ''"' en.pty th cm- other, they are to divi.ie "the RivLlZ . u ' '"'" ""' **"'" "'1 '" the ■encefro^tho. which^aiito'ri ::rr:rt:;r ''\"^^^^^ treaty of the ^t/antic Ocean for the ,efl Vl7 ,\ . "^ * ""hstuution in the .0 the eastward of the territ^y whth di'v tZZt' T "° '''''' """' At the same time. too. we must bear in m nStLat f 'J^ ^''J"'^'-%-'' P-obscot. tl.e treaty to describe difTcrent Hi^hkndrr .1 ^^' ''""«" °^ ^'"^ '""kers of and the Act of Farliame rne o^r Inr ' ' '"" """"■"'"' '" ^^'^ Proclamation -US they were .ie.Hbin; crdTl'^sII^Jhc:! r 7^^^^^^^^ %^ "J' '^:;:i sr::; t:;:r sr "^^ rr ^-^ ;n;;:L ^ir chusctts. from the one previously etaS Zl^ '''' ^"""^ '"' ^^-- "P on the part of Hi, Maicstv T",f' 'V '° '=«""P°^t 'vith the claim now set nTuker, of L .rea.y h! 'vie:?!::;! T T""""'' '° -'"'- '''»' '^^ nor.h.west angle of Nova ZZ JLu7\1 "'""«''"= "'S'^'""'''' ""'J "'« ebarge them with the gross absu di.v o bn '''\^^''--^^y -'al^'i^hed. than to them the north-west antrof Za iol . ^kk' 'u' '"""'"^ ''^ "^ "'-^ ""«'' ^V not be s„ch a„ angle, and trJ, mi 1 r . ^ "'"■ "^" '^""'''P'''^ "^ '' -^o^'^ due nor,h of the source of he S rrX' "th "'""? ^"'"'■" "'«'"""''» " '^'"S be no such Highlands in that dire"ctl" ' " ''"^ """^ '""^ ^^^"^ ''^•' '""« coulS whether we take tho north-west an". "". .he «id P„vi„.e of Nov. sci. dW.w r^ rdii^rsTXr; 't " ..«h.« ..,,0 or .Nov. s.o..?' r:h:^T;x Of 'C""'h" rhf '° '"^ jee,, „„ ..tL propo.,,. c : n*r, pu:™,::,""- """■' "" ""■ ""^ tola b,it lo,»m u,o«, li„„ i. .„ J . „.„ . '=»'l'°'»"."e. w.. not lo ,„c„. ;p;-.^:.itfb:;xre,te^^^^^^^^^^ of October the BriUsh Commissioners reply, that "[he Br ^h r ^* ''"^ ..ui.d U.3t a,. ..t porti.. of .be State ot^^irislus ■ ^^^^^^^^^^ v.ucc of .New Brunswick and Quebec should be ceded to Great BrLin but „ 'l , that Here was first a proposition to alter an existing boundary This w„ ,♦ ;vitb. the bo.ndar.sSt:;;:::: ^Lr TL t::z-rr;:ft:^:t- ternorr, ,s regmred, though of less extent than had been stated AnrtoThi? / n..ss,on .s added the faint denial of the unequivocal declaratio at aW^ c te Jy spoken of unquesuonably belonged to the United States; that there wasZclTZ >^^t,c territory thus required to be ceded did 'not aW;:i:;;'t«; The Agent of His Majesty, iu bis closing argument, delivered on the 07th day of September las., appears to place great reliance upon a supposed discovery in favo^ ol he cla,m s.>t up by b.m, in the •' Secret Journals of the Congress of th Confedera .on wh.ch had been published since the previous session of the Board, in the mo"^. of August ast. Those, parts of the proceedings of the Old Congress to which most .mporUncc .s g.vea in .his respect, an, contained in the instructions agreed to be g.ven to the Miii.ster to be appointed for negotiating a Peace, on the 14th of August, 1 ii iili 1^ 'I ,1 393 ^ppeixdix. 1779, and in a Report made on the 16th of August, 1782, by a Committee which- * ^°' ^* ' hud collected certain facts and observations, and which they recommended to be F.itraeu from the referred to the Secretary for Foreign Affairs, to be by him digested, completed,^ mcKn" commi.- and transmitted to the Minister for negotiating a Peace. The material part of sih ariicie or iiie the instructions referred to is as follows: "The boundaries of these States are -- as follows, viz: These States are bounded north by a line to be drawn from the north-west angle of Nova Scotia, along the Highlands which divide those Kivers which empty themselves into the River St. Lawrence from those which fall into the Atlantic Ocean, to the north-westernmost head of Connecticut River; thenee down along the middle of that River to the forty-filth degree of north latitude; thence due west in the latitude forty-five degrees north from the equator to the northr western most side of the River St. Lawrence or Cataraqui; thence straight to the south end of Nipissing, and thence straight to the source of the River Mississippi: west by a line to be drawn along the middle of the River Mississippi, from its source to where the said line shall intersect the thirty-first degree of north latitude: south by a line to be drawn due e<>st froia the termination of the line last mentioned, in the htitude of thirty-on-; degrees north from the equator, to the middle of the River Appalachicola or Catahouche; thence along the middle thereof to its junction with the Flint River; thence straight to the head of St. Mary's River, and thence down along the middle of St. Mary's River to the Atlantic Ocean: and east by a line to be drawn along the middle of St. John's River, from its source to its mouth, in the Bay of Fundy, com- prehending all islands within twenty leagues of any part of the shores of the United States, and lying between lines to be drawn due east from the points where the afore- said boundaries between Nova Scotia on the one part, and East Florida on the other part, shall respectively touch the Bay of Fundy and Atlantic Ocean. You arc therefore strongly to contend, that the whole of the said countries and islands lying within the boundaries aforesaid, and every citadel, fort, post, place, harbour and road, to them belonging, be absolutely evacuated by the land and sea forces of His Britannic Majesty, and yielded to the powers of the United States to which they respectively belong, in such situation as they may be at the termination of the war. But notwithstanding the clear right of these States, and the importance of the object, yet they are so much influenced by the dictates of religion and humanity, and so de- sirousof complying with the earnest request ot their allies, that if the line to be drawn from the mouth of the Lake Nipissing to the head of the Mississippi cannot be ob- tained without continuing the war for that purpose, you are hereby empowered to agree to some other line between that point and the River Mississippi; provided the same shall in no part thereof be to the southward of latitude forty-five degrees north. And in like manner, if the western boundary above described cannot be obtained, you are hereby empowered to agree that the same shall be afterwards adjusted by Com- missioners to be duly appointed for that purpose, according to such line as shall be by them settled and agreed on as the boundary between that part of the State of Massa- chusetts Bay formerly called Province of Maine, and the Colony of Nova Scotia, agreeably to their respective rights. And you may also consent that the enemy shall destroy such fortifications as they may have erected." The Committee referred to, in their report, say — '< It is therefore incumbent on us 10 shew, first, that the territorial rights of the thirteen United Stales, while in the character of British Colonies, were the same with those defined in the instructions given to Mr. J. Adams, on the 14lh of August, 1779; and, secondly, that the United St-.les, considered as independent sovereignties, have succeeded to those rights." They contended, throughout their report, that the boundary between Massachusetts and Nova Scotia should remain the same aa it had been; but they endeavored to shew that the River St. John constituted that boundary, and ought to be agreed upon as such; at the same time, they admitted that the eastern boundary of Massachusetts could not be proved to extend to the River St. John, as clearly 3? to that of St. Croix, 393 and that it was not advisable to continue tlw war merely to okaiu territory as far as ^Ippnuiix'. the St. John. j^,,. 51, It appcanj alto, by tht tesUwooy of President A^ams, that at the oonferancfia which E«r«Ti;L *.,. ted to llw treaty of 1783, o«e of the Americaa Ministers at i^,X pr»po«cd the Hirer Src';„"tr„.i^; St. John, as marked «.i Mitchell's M»p. But Us colUsgucg oh«>rving to him tlw»t rs '^"nSHtl^ Z SJt. Croix was tlie River mentioned in the Ckn-ter of Massachusetts May, they could ''''""'Jl*""^'" f>ot justify in«isti«g on St. John as aa ultimatum, he agreotl wUh them tB adhere to '''"* ^""'" the Charter of Massachusetts liay. From these proceercin cooteB.pUted«. dividing U« Rivers wi,i*h empty themselves into the River St Lawrence from U»se which fall into the Atlantic Ocean, wxre the HighhuwU extending from U.e aid source of the River St. Joh« to the nor.h-«TSternmosthcad of ConntKiticn.t River; and, coaseauontly, that the Rivera there.ii contemplated to be divided were the Rivers a»«diere and De Loup onlv as emptying themselves into tl>e River St. La^vronce, and theRivers AncU-o«og^in, Kennebec and Pe«obsc»t only, as faUing b.o the Atlantic Ocean:" «,d also, « thrt as the St. Jolm. from its source to its mouth in the Bay of Fundy, and a line from it* source iJong the Highlands in tl.at behalf designated io the «orth-wcsternmost head of Connect.cut R.ver were the utmost boundaries in that quarter, either «orth or east, .f the same could be obtained from Great Britaiu, that were ever claimed pro- posed, or contemplated on the part of .he United States;*, a part of ,J.eir boundaries in the s-nme ,,.«rter, eUhcr by Congress or by the Ministers who o« their ^rt n«5o- tiate^l the Ireaty of Peace of 1783. it iucontestably follow., that no part of ibc tmi- tory north or east of Uve said Highlands and of the said River St John, from its .ource to .U mouU,, .n the Hay of Fundy, can now be claimed a« a part of the United States designated m the second arUcle of the said treaty of jwace of »783.» .Now u ;.« very plain, that any person who suppose. U,ore is anj. thing in these pro- .•eedmgs o .he Old Congress, which l«s a tendency to weakoa the claim uow made on ll« part of the Ln.tcd SUtes, e.Ui.xly misunderstands them. The Congress claim ed nothmg more or less than .he previously existing boundary between IVlLsachusetl. and Aova Scot.a on the east, and that between MassachusctU and tbo Province r^f Quebec on the north by the intersection of which two lines, the angie in question wasor.g.nallyfon„ed. Th.s appears throughout all the p«>cee. surveys made under the present commission, to extend, to the Highlands in which U>« J_' Rivers Chaudiere and De Loup, falling into the River St. Lawrence, and the River* ".T«"of^r.'!;« Kennebec and Penobscot, falling into the Atlantic Ocean, have their sources." l"«"u„*ir"!h. '^^^ proposition, then, to take the St. John as the eastern boundary of the United =fL'iy!rfG"if.„'{:'' States, instead of being at variance, was in perfect accordance with the idea, that the Fir« Eirract. boundary between Massachusetts and Quebec, and which must of necessity be one of the lines of the angle passed along the Highlands situated on the north side of that River, as by the extension of its source to those Highlands, or in other words, to -that boundary, the contemplated angle would be formed. To suppose it to have been understood that the Highlands constituting the southern line of the Province of Que- bec, were situated south of the St. John, would involve the supposition, that by going up that River the intention was to pass beyond that line, and then return to it from the north to form the angle; for it must be borne in mind, that the same line which, on any construction, would divide Massachusetts from Quebec, would continue east- wardly as the dividing line between Nova Scotia and Quebec. The fallacy of such an argument surely need not be pointed out. In the case of the St Croix, as that River did not extend far enough to the north to form one of the lines of the angle complete, a line from its source was protracted in a direction due north to the same Highlands that were reached by the said source of the St John in a more western longitude. It is certainly correct, as has been stated, that if the angle had been fixed at the source of the St. John before mentioned, there could have been no Highlands in 4uestion, except those extending from that place to the north-westernmost head of Connecticut River, and no Rivers to be di- vided by them except the Chaudiere and De Loup on the one side, and the Kennebec and Penobscot on the other, because there are no others between those points. But it does not therefore follow, that such Highlands in their extension eastvvardly would go south of the St. John, or that in establishing another boundary, no other or greater extent of Highlands were thought of; or that if the angle was placed in any other position, a line from it to the north-westernmost head of Connecticut River, would divide no other Rivers than those just mentioned. The parties have made a different agreement; which is to be construed according to just and established rules, without reference to any previous claims, or rejected offers, made on the one side or the other. The argument that the United States, because they were willing to take the St John', from its mouth to its source, are now precluded from claiming at any point beyond the boundary which they would in that case have obtained, is so inapplicable to the present case, and so destitute even of plausibility, that it would be improper to spend any further time upon it. Having thus concisely stated the principal grounds upon which my opinion has been formed, I do decide and report, that the north-west angle of Nova Scotia, ac- cording to the true construction of the Treaty of Peace of 17S3 between the' two Powers, is at a point on a line due north from the source of the St Croix, and about one hundred and forty-four miles from the source of that River, on the lands which lie between the waters of the River Restigouche, f.nd the waters which fall into the River St Lawrence. SKOftdEitrict. The north-wcstcmmost head of Connecticut River is the remaining point to he ascertained and determined by the present commission. And on this question the Agents of the two GovernmenUare also at v.iriancc. The British Agent contends, that n S7nu/l hrook running into a small lake, being the third and upper one in the main branch of Connecticut River, is the north-westernmost head of that River; and the American Agent has endeavored to prove, that the middle branch of IhtWs Stream, ■"""mim w 395 so called, ia the true north-wcstcrnmcst head of Connecticut River contemplated in .Qppendia:. the treaty. No. 54. 1 cannot decide in favor of either of these claims. The west branch of Indian v.^^^TiT^^ .h„ Stream, lying between the two places designated by the Agents, appears to me to be mHKn''comn,f.: the north-westernmost head of Connecticut River intended by the treaty. " It is to be remarked, in the first place, that the treaty evidently contemplates there • being several different heads or branches of Connecticut River, and tliat it must liave been intended to throw them all into the United States, except the north-westernmost head, which was adopted as the boundary. On the Map of Mitchell, which was par- ticularly referred to by the framers of the treaty, s. ral heads of that River are dis- tinctly marked. The very term north-westernmost, implies that there might even be other north-western heads. If the existence of but one head of Connecticut River was contemplated, why not say to the head of the River, instead of the north-west- ernmost head? If such had been the case, it can hardly be doubted that this would have been done. And it is equally plain, that supposing more heads than one to exist, it could not have been intended to give any preference to the main stream or head of the Connecticut, unless it was, at the same time, the north-westernmost head. Be- cause if that had been the object, the expression shewn to be proper in case but one head of the River was supposed to exist, would either have been used as applicable to the main head alone, or an express designation made of the main head. The following extracts from the arguments of His Majesty's Agent, will shew the grounds upon which he rests his pretensions; and, at the same time, serve other pur- poses in the investigation. " The next point, then, to be ascertained with regard to that part of the boundary wh.ca hes .n this quarter, will be the point which forms the north-westernmost head of Connecticut R.ver; and this involves the necessity, and depends upon the result of the previous question-What River is Connecticut River? And to this question one, and one answer only, can be given, vi;.: that River, and that River only, which, from its mouth to Its source, has always been and still is exclusively called and known by that name; that River, and that River only, which, from its mouth to its source, has been laid down in all the maps of this pn.t of the country under that nan-o- that River and that River only, which, from its mouth to its source, was exclusively known and called by that name at the time of y the Surveyors on the , * ■ part of the United States." Ellrnrta rrnm llrn r;;!fr'",S"';!,'.'*'*>"^'*y°f Connecticut River contemplated and tnily intended in the second artich> r,«r;'iroir™'tI"°f ^'"^ treaty of Peace of 1783, an attention to the immediately Bubscqnent words in The words are — Again: ««But if a shadow of doubt could remain, with regard to the excUwive rreujorniii'iii. - , - — _, SCToiiTinract. ^^'^ *^6»*y would instantly dispel every shadow of such doul>t ^ « rf - «.-.. «Hvi« va \ai> «i| \, «< thence down along the middle of that River to tlie forty-fifth degree of north lati- tude. " What River? There being but one River known by that name, this only River, thus eminently called and known by that name, must of necessity be the River here intended. Will it— can it be contended that Perry's Stream is the Connecticut River, eminently so called? or that fndian Stream is the Connecticut River eminently so palled? orthatHaU's Stream is the Connecticut River eminently so eaUed? or that the west branch or the middle branch of Hall's Stream is the ConnccticJrt River emi- nently so called? or that Leaoh's Stream is the Connecticut River eminently sa called ? Neither of these questions can ever be ans^vered in tlio affirmative But thp moment you depart IVom the true and only Connecticut River, eminently .so called, either ol' those streams, or either of the branches of either of these streams, or any other river or stream tributary to the groat Connecticut, must have equal right and pretension, one with the other, to be dignified cxchisiTCly with the eminent title of tiro Connec- ticut River." The report of Mr. Tiarks, His Majesty's Sun-eyor, upon which so much rellanco has been placed, has the following passages: « The stream iato xvfcioh Indian Stream discharges itself comes from the eastward, and is commonly called Connecticut River; or sometimes the Main Connecticut River, to distinguish it from the otljer small streams that successively vnite with the larger stream, and have all particular well- known names." Again; « It follows from this, that Connecticut Rive bits more than double the (piantity of water than Indian Stream has, and is fully entitled to he called, which is indeed allowed on all hands, the maiti stream of Connecticut. " And after stating that the third lake in the main stream of this rircr is «'Hltle more than a mile in its greatest dimensions," and " is fomned by the confluence cf »mal/ brooks^" he gives a description of the surrounding country, and then s(.ys— " We retuMiod to tAe head itf the north-western brook running into the bke, which it) the nwth-weaierninost head of the river which wc had trucev€8t, and proceeds to name them, beginning with the one most wc-st- ernly, to wit: Leach's Stream, TfalPs Stream, Indian Stream, and Perry's Streaiu. And Mr. Tiarks, in his rq)ort, labours to establitih that the stream coming from tJu; eastward, where it is joined by Indian Stream, is called "the main, Connecticut River," and "the main stream of Connecticut Rii-cr," ami tliat it is so called "to distinguish it from the other small streams that successively unite with the larger streams, and have all particular wdl,kno»m names." Now it is obvioua that the proof of tJRse fcets is, in itself, proof that there arc other streams of Connecticut River, fecsidcs the main stream. It wouW rcaMy be .somewhat singular, if these "smi.ll streams" with " particular well-known names" were not considered branches or heads of ("onnecliQut River, how tlictxi could have existed a necessity to c«U the one cominys. ;i '^* 397 No. 54. 'J'he name of the Connecticut River alone, would answer every nuroosc to dislin r , T SIm''" "T,/7, "'"•"'"■ ''°°"" '" "*'""• ""■'■• - i-vilgT. cltl" :S:-S1 wiin It, except that or cmiitvmK into it ''™" ""'i"' «"• But the fact that theae smaller branehtti tt« called streams, and have never received ''''"'^Ji!L'""' the appellation of nW*. is nione strong evidence that they have ever been considered '"""' """""' as mere head, or *Ot«ms of Connecticut River. They have, to be sure, been calle.l HaUsStrenm Indian Stream, &c. , yet this appears to have been in order to dis- t.ngu.sh them from each other, and also from the " main itream," on the same prin- ciple that the largest branch ia stated to have been denominated the ^'main stream " to d.stmgu.sh it from these others. It is to be observed, however, that with the excepfon . HaWs Strean. it does not appear that either of them hid any n L the t„ne of the fer«,.t.on of the treaty. B«t the circum.Unce that the largest and pnncpal head or branch should be called the ^main stream,'' or ri,ould even retain the complete and precise name of the river, cannot be of much imporUnce, since it .s very common, i.. cases where there are several heads of rivers, for the largest and pnncpal ones to retain the names of such rivers, when at the same time the others, although they may be known by distinct names, are not the less deemed to be head or branches of the same rivers. Can th« positioD then be supported, that we mast follow up the main atream of Connecticut H.ver, the course of which is eastward, through two lakes into a third Tead orcl" !• Tf *"''*' '? ''"" "^'^''^ ™'" '°"8' ■" »»>« north-westemmos Can it f«r "" «-«;. -.tended for the boundary line between the two nations? Can ,t for a moment be believed, that nothing more was in view by U,e framers of the treaty, ,n takihg the north-westernmost head instead of the head of the river than to prefer one small brook to another, perhaps within a few rods of it, as the lake 'Z:^^' "" " "'•*''' *° •" """'' "" ""'^ """'' ''^'^ " -'« - '^ «-test It is urgetl that the north-westernmost head of Connecticut River, where the line abng the Highland, strikes it, is to bo sought for at the «,urce of the niain stream of the nver; because U,^ treaty, io proceeding from that-point, says, '< thence down along the middle of that nver to the forty-fiOh degree of north latitude." But the fair meamng of this is that the head agreed upon, if it was not itself the main head, should '-e followed down to the main stream or river, and then down that to the line of latitnde. It must have been foreseen that to follow the main river from that part of the north-westernmost head of it which makes a point in the boundary, to the line of latitude, might be impossible, unless the north-tuesternmost head and the head of the nver were considered the same, which it has already appeared could not have been the case. And the language used in the treaty, in this re.pect, was perfectly proper, as the north^esternmost head might or might not prove to be the main head; and such expressions were adopted at would answer the purpose in cither ca«e without an addition of words. This argument, however, is no sooner raised than i[ IS demolished, by the selection of the little brook, which is insisted on as the 7iorth- westernmost head of the river, but which is not pretended to be the main head For if the boundary can go any distance, however small, between the two points iust mentioned, otherwise than almig the main stream, such distance becomes unimpor- tant; and no other stream uniting with the mainover above the latitude line, can any more be excluded on that ground than the little brook. Nor is there any better foun- dation lor Uie argument that if a different head from the main one is adopted, still it mu,t be one that falls in at the most remote point, or rather at the head of the main stream, from a «' necessity of making this river a part of the boundary, to the utmost extent of it, as called and known by the name of Connecticut, because, from its nort/^- 998 I Jlppmdix westernmost head, the subsequent part of the boundary line was to be drawn down _| ■ along the middle of that river; that is, down along the middle of Connecticut River, Kiuaeufrom ihe to the forty-fifth degroe of north latitude." Whether the norlh-wtaternmost head Kcporl of 1119 A" lI!oner*"uiidJ?"ilI!i coHies into the main stream at its very source, or at any other point above the forty- ■j'w.iJ'of'GhIi.1."' ^^^^ degree of north latitude, the subsequent part of the boundary, from the north- s^onTiTirici. vjesternmost head to that latitude, will be aims the middle of Connecticut Jiiver, and will therefore equally satieff the treaty. The claim advanced W the Agent of the United States, as I l4«i« already remarked, is also objectionable. Wtom the language made use of in the treaty, and the facts which, it is to be presumed, were linown to its framers, it must have been considered that the north-weeternmost head of CoDneoticiit River selected ai the boundary, emptied itself into, and became identified with, the main stream of the river, above where the forty-fifth degree of north latitude was supposed to <>e. Thii construction, then, would lead to th^i MTJeclion of Nall*t Stream, the one deaignated on the part of the United Statae; bcca'^se, waiving tke question whether the line actually existing, ^^ and which was established as being on the forty-fifth degree of north latitude before * the treaty was made, will ever be changed, Hall's Stream empties itself below the junction of that line with ConnecticutRiver, and therefore could not have been taken into connderation in the eiKablisinnent of the boundary. — Several yean previous to 1783, there had been certain proceedings to establish the line on the forty-fifth degree of novth latitude, between the Rivers Connecticut and Iroqiiois, for the purpose of settling the boundary between the Provinces of New York and Quebec; ^vliich, it is believed, and is admitted by both Agents, could not have been unknown to the framers of the treaty. By those proceedings it is found that the Surveyors, who were directed to protract the line from Lake Champl^in to Connecticut River, reported, on the first day of October^ 1772, that they had fixed the boundary between the two Provinces "on the west bank of Connecticut River, two miles and fifty chains on a direct line above the mouth of a small river falling in on the west side of Connecticut River, known by the name of //(///'f Z7rooA." *^ Indian Stream is entirely situated above the line exiating when the treaty was made, and supposed to be on the latitude of forty-Ave degrees. It comes from the north-west, and by its west branch, extends further in a north-wester] v direction than any source of Connecticut 9:h/fr, except Hall's Stream, It it stated in the report of His Majesty's Surveyor, that at the junction of Indian Stream with the main stream of the river, the former is aixty-six feet Wide, and the latter one hundred feet, and the depth is about equal, ^dian Stream, then, better than any other, in my opinion, answers the description and intention of the treaty, accordi;ig to the best a: fairest construction which can be given to that instrument. And this woulfa iciain the boundary where, it is understood, the people residing in the vicinity belonging to both nations have always considered it to be. " " His Majesty's Agent, after laltouring againat the adoption of Hull's Stream, con- tends, if that is out of the question, that Indian Strtum cannot be taken, because Hall's Stream is the most north-western of the two. The following answer of the Agent of the United States to this argument, who claims Indi?n Stream, provided Hall's Stream is rejected, is conclusive: " This argument seems to be found«d on the principle that if a head cannot be called north-westernmost, for the purposes of the treaty, and yet can be so called for other purposes, it shall exclude all others from being so called for the purposes of tlic treaty; a doctrine wholly inadmissible; for if Hall's Stream cannot be regarded for the purposes of the treaty, it cannot be regarded against those purposes." I do therefore decide and report, that the head of the west branch of Indian Stream is the true north-westernmost head of Connecticut River designated and intended in the treaty of 1783. I 399 i'"r-T-| I Having completed this report on the two points tubmitted to tlie ('ommiMionur.s tljjpcnr/ij.'. for their decision, I have, according to my view of the subject, done all that is re- **"■ **• quired by the treaty establishing this commiuion. Kiir»ii r,nm iim The Commiisionera are authoriacd to ascertain and determine the north-weft angle m'rkiii" cmmi.i^ of Nova Seotia, and the north*weiternmost head of Connecticut River: end are*'h""itc'ii"f nl" ,. , 1 L 1 1 1 II ■ Trsiiir or Otwni directed to cauao the whole bovndary hoe between the two powers, from the source „ ~rzr ot the River St. Crow to the River Iroquois or Catanquy, to be surveyed. The ■survey of the boundary being principnlly dependent on the two points abo'c men- tioned, the treaty does not contemplate any to take place until those points are settled. The CommiMioners, however, to facilitate the progress of |)^e commission not know ing that they would disagree on thote points, proceeded to direct some work pre- paratory to e wrvey on some part of the boundary. The Agents of the two Go- vernments difler on the extent of the survey to be made on the line of latitude from Connecticut River to the River Iroquois, and likewise on the nunner of making such survey; and at the.time of submitting their arguments on the two points in the boun- dary to be determined, presented several questions in regard to that survey. This was well enough; as in case of the Commissioners agreeing on the points neces- sary first to be determined, they might witl^t further delay have decided those questions, so that the survey could immediately hare prooeeded. But a disagreement having taken place on the preliminary points, I do not consider it according to the course marked out in the treaty to make any decision, or to express any opinion, at this Ume, on the questions relating to the survei/a of any part of the boundary. In assigning the reasons for my opinion, I havejoot deemed it necessary to re- capitulate the various matters in evidence before the Board, and the arguments of the res|i«!Uve AgenU thereupon, because copies of the proceedings of the Commis- sioners, of the claims and arguments of the Agents, and of the reporta of the Sur- vcyors, as well as all other documents which have been produced in evidence, will be furnished to each Government, (it the time of delivering the reporta of the Com- missioners; and tp those I refer as a part of my report, for the purpoae^of explana- tion and vcrifieatioA, w hcMver it may be necessary. It only remains for me to assure the two Governments, whose interests have in this case been committed in part to my decision, that I have given the subject all the consideration of whhih I am capable, and that I have endeavored to investisate and to decide, with that impartiality and regard to justice which were not less due to the high and honorable trust reposed in me, than they were required by the solemnity of the oath under which I have acted. New Yo«r, jSpril 13M, 188^. C. p. VAN NESS. #•' C*«' APPENDIX, No. I.V. ,S i "in EXTRACTS tB«IC THfi ARGUMENTS OP THE BRITISH AGENT ORDim »i THE 5TH AKTICLE OP THE TBE.VTY OF GIIINT. '■;«^-* — •^r^" hil'''f';7, "'"'''" "'■' 'f '"'""' a point of intersection of the north line with y "f » [""y «"»"^«*«"g the description in the treaty: there, it i, conceived, i. the A^„^rrrl'P°'"V?' T . '^'' "°'*^ '"" ""^ht to terminate; fdf the,e lands are not only annuel ri".^, .ICLSt; :°"»»>'y ;»»« h.ghe.t, but they are also the first th» have been intersected by the north ... ...e^e».y orhne, and .t «rould not only be unreasonable to pass over these to looker other, B,hi.h A,.„,.. Which, If found, would not so well fnswer the description, but would also be incon' sistent with the meaning of the wofds used in the treaty, viz: - Mrtk to th» hkh- lands; which words are evidWitly to be nndertood as intending that the north line should term.ni.te whenever it reached the highlwds which, in any part of their ev tent, divide ^le waters mentioned in the treaty. *» ^ ^ -if lilic "Im M» h' •'And asthe sa.a Mars Hill appears to be connected by broken ridges of highland with the mountains, near the sources of the Penobscot, and the highest points of land to the Connecticut River will be found in coni.naation of the same direction, and will fully answer the description of the highlands contemplated in the treaty, it fol- lows, that the point of highland, lying due north from the sburoe of the River St Croix, and designated in the said treaty of peace, of 1783. as the north-west angle of .r » n' T'l '"•=«'^'"'^'» ""'J determined to be at the point of the highlan.ls at Mars H.1 , the first and only highlands which i, intersected by the said duf nort line, IP conformity with the provisions, in this behalf, of the said treaty." Uritiita Sccuu r-o-ifoX^ "It " presumed that it will admit of no doubt that the true intention of that nart of the treaty now under consideration, was to secure to the United States the obiects solely which are above specified in this regard; and that it was likewise the intention of Uiiipartof the treaty, to leave to his Majesty the nndisputcd and undisturbed riKht and possession of and to all parts of the adjoining territory not intended to be included w.thin the boundaries of the United States. T/us intention will be lilemlly efTect uatedby a very small variation of the expression aetuully made mc o/ in this regard, namely, by de«:ribing the second line forming this angle in the following words, that IS to say, "along the said highlands where Ihey divide those rivers that empty themselves into the River St. Lawrence from those that fall into the Atlantic Ocean '' The expression actually made use of is, along Me said highlands «,/i,VA divide the i;vers, &c For ,t is to be observed, that the north-west angle of Nova Scotia is dis- tinctly defined before any mention is made of the circumstance of the highlands which form a subsequent part of the boundary dividing the rivers mentioned, in that 401 regard, in the treaty. Ant! Ih!« circumstance, of (he highlands dividing rivers, it mon- t^ppendif. tioncd, not as constituting i. ;)arl of the definition of the term, but merely as matter of 1*°^ description, with the view of securing to the United States the sources of the rivers Rmacu it ui be drawn along the middle uf the River St. Croix, from its nioull tiie Hay of Fundv, — to its source; and from it.i source, directly north, to the aforesaid highlands which di- >'>'•:'»>•> tiunuriui vide the rivers that fall into the Atlantic Ocean from those which foil inin the Hiver St. linwrence." These words, taken in their literal and individual sixnijication, would involve a construction attofftthcr inconsistent with other parts of the treaty, and with facts at the time within the knowledge of tlie framers of it; and if the fore- going observations upon the first description of this part of the boundary be, as they arc presun)ed to be, correct, these words, descriptive qf the eastern boundary, must, of necessity, be interpreted in a corresponding sense." " The framers ol the treaty, of 1783, while they appear to have presumed from their knowledge of the higiilands that divided the sources of the Kennebec from those of the Claudiere, that a continued range or ridge of highlands would be fuund in the same direction, extending from the due north line to the north-wcHterninost head of Connecticut Uivcr, yet they could not have been certain that this due north line would, in fact, precisely intersect the^e, or any other, highlands; and, in case of no such intersection, the north-west angle of Nova Scotia must, of necessity, to fulfil the intention of the treaty, be fuund at the point of the intersection of the due north line, by a prolongation of the line along these well known highlands, easterly, to such point of intersection." Kqilj. '•M ! 1^ ! i :t|l ;* M >r 3 w ii ■■ tm i: ''p . t " These highlands, thus intersected by the due north line, arc found to lie in the general course and direction of the highlands « along" which the second line, forming the north-west angle of Nova Scotia, is described in the treaty to run, namely : " the highlands which divide those rivers which empty themselves into the River St. Lawrence from those which fall into the Atlantic Ocean, to the termination of this line at the north-westernmost head of Connecticut River." Or, in other words, the highlands thus intersected by the due north line lie in the general course and direc- tion of a line drawn from the north-westernmost head of Connecticut river, along the veil known and very elevated and conspicuous Height of Land forming the ac- 1 nwledgcd and notorious land-mark and boundary between the two nations, in that quarter which divides the River Chaudiere and du Louji, emptying themselves into the River St. Lawrence, from the Rivers Penolwcot and Kennebec, falling into the Atlantic Ocean. This well known hkioht or land lieing the only high land which actually divides the rivers contemplated in the treaty to be divided by the boundary line therein described, as the undersigned Agent has heretofore, in the course of these discussions, abundantly shewn; and this well known height of land being nr.ore- over found to extend north-easterly in a direction towards Mars Hill, in a distinct and unbroken ridge, for many miles, and to be afterwards connected with Mars Hill by a succession of mountains and broken ridges of highlands, intersected with ponds and streams, appearing to the eye, when viewed from various stations, to be an ele- vated and unbroken ridge, as the result of the surveys fully prove. No other point in this due north line, in uny part of its extent, combines these vorious circumstances, exclusively of the other and f.ital objections to adopting any point in this line, north of the River St. John, as the north-west angle > f Nova Scotia. It seems, therefore, from these consideratiens, to result in demonstration, that the point where the said due lor !■ i »6 kit ft I ft*' I ft. it: '/ill! ^Ml 408 ■•"' fro™ II,. „o,ll,.„,., .Ju," Z:.T, ' '"■ '""'"'■'■™ "f ">« VmM Suw, ,i., "■-^^ ' ".I o,::;7„r::. r;,itI:..'r"""""■'°""""'»^""^■•"•"» ..ien, „o..Hp,i.„ or,K.„, r„, „ „„, ^'J.' i; , ', ;; ;:';:::;,•;';. -"XT"'-- may commence the iclual traciiiT nf » k„. , q'l.irter in which one the highland, which divide tho,e riZ h . tonnecticut River along Lawrence f.„.„ tho«, lieh ■ nto .h In '^"■P// "'-'^-Jv- '"tu the River St. Nova Scotia, viz: tL .„! 1 u r Tk" T' '" ''^ "-'"--t angle of .ource orSt;c.ixtv:r theXhLr: '' ' """ ^^^ "^ -rth from' the cour. orinciinatl^^i if, rj ::,: ::^T' T' '"' '''''■ ^"' ''" ♦"« ^- r...; ont. interaction w^t 2 :::;:^r:r ;;S^ :::;-;^ ^- (i. e. to, the .ort:2::r:tt^ "cii;;;^:,;;::.^ «'^ °^ ^°- «-^' Province of Nova Scotia, 'r to any o'f the pr^ZT^Z^ZllT "' ?" the S.h article of the treaty of 1794, or oJtho^e un^er t^^tart ~r" ""''" treaty . although he had them all in his possession, l,eeau«, he evi 11. ''?'""' the merits of the business submitted to the co sStTon of . ' '"'T'' '"'^' though they might have been incidentally all d o , ^te '"m^^^^^^^ """'' discussion on either of those former occasions and 1 """e directly un.ler of,aer dicta of the Commissioners or aIc sof ther 03" '; '"' ""^ "' "" in judgment befo,. them, nor submitted^ ny ,t „er ,72"' ' 'r^""' '"" not any more t... .he ..V. ... of .udgesTr Crs:irl:; iraCrC Au ™.B,.n the courts of law, be ci.ed .« authorities in Vcause in whhu?; ment, of those occasional illustrations should become the direct object for invrstil on or decision, an.l it would obviously be most unreasonable if it wire olrw 'C observation has been elicited by the reference made by the Z. 'f Z n. . J States, to .ome expressions made use of by the unders.g.fed Ag.:'„f: il ni:;;L;:'::^, 403 l.i. .rRumenl. before the Commi„i„nr„, un.ler the 3th article of the treaty of 17!> . . . t.mc when „e had not i„ any degree examined, and w.. altogHher » L ' o' th particular mer... .n.l bearing, of the present ,ue,tion. whioh. a. that mf wli no . .ubject of .nve.tigation : Which expre.ion,. a, thy wore n„. onti.MTn '.: .an hey never o ,.ve, any weight w.th tbo con..ni«i„nen. forn.ing th , en- Ur.tannic Majesty and of the United State,, .c.pectiveiy." ' 'Appendix. No. a. ^<"«"« f 1 llm Argtiiiiinu fif llie Hilll.t, A.fiii uii. iliTlIu .111) nrllrlo m Ilia Trmly of lilitini. nrllluli Mml'i '"»"'' >•! lull. II pun A|>iii. And wo hero d.rovor the accuracy and propriety of the peculiar phraseology, ]„ o ,1 ""T"'"""/, •^'' "'^'■"•--' -"«'" «'f Nova Scoti.. noticed in th. 5th <^'.ion the second part of the opening argument of the und..r,ig„e.l, nanely, ,hat thi. angle «no/.n th,,, descnpfon, .le.v.unted to be that angle which i. formed by a l.nc 1 awn due north from the ,ource of the Uiver St. Ooix /. /Ae M„Unnds J>Jl ^*^ ho^ r.ver. w nch empty them.clve, into the Kiver St Lawrence from those wh.ch fal hnto the Atlantic Ocean, but ,nerel, ,o tke ki.Mnnd. The framera of ,h" rcnly well knew, that this north line would never intersect any part of tho»e only Inghlan-I. contemp ated in the treaty; therefore the second line is described to be o ' ^"t ''■'•''''""''• ^: ' «"•• "'"« '^-'•-"« tl- reasoning of the undersigned in tl e section of h.s argument above alluded to. and is strictly conformable to Mitchell', Map. .n tins regard. And .a it had been, in the manner before mentioned, conceded, and 't I'ao been accordingly incontestably established, that the line along the highlands intended by the treaty, shoul.l and must be a line south, of the Kiver St. John, it resu of the treaty of peace, ol ,783. is lormed hy a protradon,^ this line from the .aid h>Khlunds easterly, along ,he highlands, of the description mentioned in the elain. ami opening argument of the Agent of the United States, following the sources of the several branches of the river., above mentioned, falling into the Atlantic Ocean, .„d caving the same within the territories of the United States, until such line, so pre traded, shall mtersect a lino drawn due north from the source of Ibe river St Croix- winch point of intersection must, therefore, incontrovertibly be the lorth west angle of Nova Scot.., required to be ascertained by this honorable Hoard, under the 5lh article of the treaty of Ghent, agreeably to tho inferences, in this regard, made in the ,5th section of the reply of the undersigned to the claim and opening arguments of the Agcn of the United States, and in conformity with the provisions, in this ret^ard, of llic «d article of the treaty of peace, of 1783." 1 mWr APPENDIX, No. LVI. EXTRACTS FROM THE REPORTS OF THE SURVEYORS VSDER THE FIFTH ARTICLE OF THE TREATY OF GHENT. From the "Appendix to the Proceedings of the Commissioners." TABLE OF CONTENTS. (a) Josepli nouchette, H. B. M. Surveyor, 1817) due North Lincj Sun-eya No». 2 and 27. (6) John Johnson, U. S. Surveyor, 1817) due North I-ines Sun'eys No. 1. (c) W. F. Odcil, H. B. M. Surveyor, 1818; due North Line; Surveys No. 4. ((() John Johnson, U. S. Surveyor, 1818) due North Line) Observations from Mars-hill; Temiscolitu Portage; View from Green Mountain; SurNeys No. 3. (i) W. F. Odell, II. B. M. Surveyor, 1819; Bistook Hiver; Views from Mars-hill and Park's-place; Suneys No. 7. (*) Colin Campbell, II. B. M. Suncyor, 1819, 1820; Mount Katliadin; Acknowledged liighlands; F.ast Ki. descent at the Waganses is steep, and continues descending alternately by gradual and No,Vh Lin'i!"*"- stPep ridges a distance of 43 chains; at 99 miles deviated from the course of the line '"" on a bearing astronomically N. 54° W. 4 chains to the Great Waganses or first branch of the waters of the Restigouche, where we ended the exploring survey." «' After rising the Northwardly bank of the St. John, we found the country mostly j„i„',''i„hni<.n, flat and swampy, until about the 91st mile, where a moderate ridge divides the waters JJ^UhuIw^sliT of Falls River from those of Grand River. North of Grand River, between the 93d "'"'*'' ' and 94th miles is a ridge, though probably higher than any land we had passed over on the line, appears not to be of any considerable extent; from this to the 98th mile, we passed througii a large jvvamp, which gives rise to the Waganses of the Grand River. About the 96th mile, or from the 97th to the 99th miles, we crossed the ridge called Sugar Mountains, which divides the waters of the St. John's River from those of the Restigouche River, and is evidently the highest land we passed over on the line during the season. The extent of this Ridge is not particularly known, but it probably extends to the West and North West on the one hand, and to the East on the other, sufficiently to divide the waters of the above said Rivers." • • c • ».«. » • * » "The general face of the country may be considered as increasing moderately in vv. f oueii, Uii elevation from the Restigouche Northward, to within two or three miles of the Grand noIui u'"' sm" Fourche, and then descending very rapidly to that stream. It is well wooded with a *"''' luxuriant growth of tall thrifty timber, a mixture of hard wood, fir and spruce, with some pine; the mountain ash is abundant, and there are a very few wild cherry trees; contrary however to what is usually met with, the soft wood grows mostly in the val- leys, and the hard wood on the tops of the hills; the greater part o." this extent appears to be excellent farming land. «' The River Restigouche, from where the line intersects it down stream, is copied from a Map; its general course, however, so far as I can judge from the bearings and observations taken in a canoe, as we returned from our Camp on the Grand Fourcho to the Waganses, is correct, and from the estimated distance from where the line inter- sects the Grand Fourche to the mouth of that stream, and thence up the Restigouche to the Waganses; and from the appearance of the current of both these streams, I am of opinion that there is not much, if any diflerence, in the level of the water at these two places. " Immediately after crossing the Grand Fourche, the ground rises very steeply for about three-quarters of a mile, and very moderately for a quarter of a mile more, form- ing a high bank to the River, and pursuing apparently the same course with the stream, and has the appearance of being the highest point intersected by the line run this year; it then descends moderately all the way to the Beaver Hirer, hereafter mentioned; the surface, however, diversified into liill and dale like the rest, by tiif ravines and small streams with which it is intersected: but the ravines are not so deep, nor the banks of the streams so steep, as those to the Southward of the Grand Fourche. This tract also is well wooded with a tall luxuriant growth of timber, chiefly fir and spruce, with a mixture of hard wood and some pine. The pine, however, is mostly found near the borders of the Grand Fourche. I also met with some of the largest cedars that I have ever seen. " On the ad of September, wc arrived at a stream fifteen miles and a half North ot 108* ■ W ll i 1 Ml R; J Hr \ ^H I ■1 ^H H 406 W;l'l, '- - • -'«' --do., which was therovX^d : ;« : r '"''T'^" ''' '^ - P-- oflow, K^';".»s- -'«' -adow. which wa; h::o;::Zv:d inVot e'" '""r'^" ''' '^ - '"■-^ °^^°- pr.7.,K;;ir^-.-hich hadforn,edaIargepT„d abt " vh" 7"""°^ "''''' 'y '^^ ^o. -.^o...d.te.,b«,owtheda.theatt^^^^^ -^;^s^«^^diate,,h«,jw";;;d;r; sri:^ w. .^^., OH. At a short distance from the sZ, on bo h H ",u ""'' ''^ "•'^'='' 1"''''' -<^ «'->•. HMf ^:'evatio„ is ver, s.al., .d Z:\::^Z~Z!l::^' ''"'''''-''' '-' ''' October, in clearing awa/tho J d ^ :e s^: 17" 'T'""' """' ''' '^' «^ surrounding country; the same thinrwas don" V^m 't T'"" '" «^' '^ ^^^ "^ ^''e the North Peak looking to the South West ^ " °''""" ' ^"'^ °» '^ P-' of of.he St John,) from which p.ace tt gen a Le*:f "th^"^'"'? ^''"'''' ^^-•='' for about five miles, and steeply for the rest of Z , u ®''°""'' "'^' '"oderately is distant by measurement a d'ue wes cou o„ 1^ ? -^ ? "' '"^ '^^''^' ^'^''^^ i"g line run last year, and fifteen chahis and" . Tf"" '''''"* ^""^ '»>« ^xplor- ;« The South Lk'is ^is::::^:-^:;^:^::^:^: " r '^^' iive chams and twentv-five link^ nn , -.„ . e . ^^''' °"° '"''e seventv- .„ , ., . , . ' '*' '""'s, on a course South 20° liT \v«.» i \t •' «eeds .t ,n height upwards of one hundred feef hi .. xf ^ ^"8"'^'' »"'' <'-^- b another Peak lower than either! ' ''" "'' ^°"'' ^"'l ^outh Peaks " In a South-westerly direction from Mars Hill nnH ». . • '•ange of very high and apparently ba Id monnt ."' '""^ *"''*=" ^'^'^"'. '« ^ •ion, called by Mr. Johnsorthe-Spentrrour" "'T''"« '" » --^-'y direc extending round to the North-we ',T„ire;oS " """"^^' "'''^ '^«-' «"'' nected by lower ranges of land- and in «, ,.'"8^''"'' """spicuous hills, all con- view from Mars Hilfto the ^pe;cerM:uti^^^'^'l""''^•^^^ °^ ^^^ "- "^ shape, distant about forty miles from C j T ^'^'l"''""''''"' °^»-"'-' . ently connected with M^an, Hill Z tl ^1 E i^: b "f"''''"' ''"'' ^''P^ 'c particularly described, the ground in that auarL! h ^ "''^^'' ''^''^ «^''""°' 1-okcn land, but as viewed fi^m Mars Hi T ^"* • " ''""•" "'•'='=''°" "" '"S^ "r;;.at hm towards the Catahain aniXeneerC::^:" ^'^^ ^^"^'""^ ^-"™ ^^^ '«- On the North-east side ofiheKiver St John th„ i " i «.un.ry ,l,a„ i„ a„,. „,t, " ' ""'""' '° "" "" '""l"'"/ - '!» &» of u,. J- Johnson. !'. p SPr;S 'ni^^l^ICd^Le':^ ^£ r ^'"^""J '"^' ^"^^ -^ ^"^-.ioa expected Mr. Odell would be ^GrlndKlv """'' """'' ""^ ''"'' ^^'^''='> ^^ ^as taken from St. Andre, on the K e^ St. Wencr:7 "' ''"^ "i""" ^''''''^^ -^ said survey the altitude and depression of , .7 » Tcm.«coula Lake, including in cli/Terence in height of said R^ eT aL L 'oX ^ ^^'""^ ""'" '"' ^"^^^^ "- the instrument made use of on thi, occa^on ,hn ?^ 77"' '" '"•' '"'P'>rfte,io„ of nut be fully relied on. Throug TeZo";, 'lake " "'f ""^-"^ '"^''^''''''^ -- was i„.pos,ibIe to take an exact survrowi. tu " .^adawaska River, i, banks, on account of the great qua.n J o bl, '"''"^•="<='"^"-'y "^ going on the taken, and e.stin.ates made^of th^ L i isT^I ' l' T''""' ^'^^"^ "— ' reM view. " u'sunces, as it ,s believed will give a tolerably cor- wemam 407 tageous for viewing ti.e adjacent count.-v tT ^'^"^^''^ "^^ f°""'l very advan- No. 56. nearly North an.. lo„th, .tLZuZT^L ZtlTJu^sT. ""'^ "[ ''" "'" '%-"^'"- about one .hou«.nd feet above the general evcl of The^ ! "' ""^ '"' '^''"'"^ ^^^'^.Z^S!. j;.nityi«Wand_py,tho4co„.id::^.rJt^^^^^ There be.ng no h.lls within considerable distance of Mars Hill »„ i .. &? bu'J."^;'; est being generally of less magnitude Ihin thn.„ . u- u ' ^'"' '''°*® "ear- '^o- 3- ^ extended view of'the country' andlTettkroT 'T' ''''''' ^ ^^^ to all the mountains which are numbered on Th Majand 7" '' '"° ^^'"'""^ to various other heights, and to other ohiro*? ^T . "'''^•■'"»"°"« »' one station stations." ^ ' ""' ^''J''^'^ ^^•'"'^'^ '^""'d "ot be identified at both , "In pursuing the line North from where it xv« 1.1 ■ ,u ' round no hills of any consWerable «.agntX „ t we a;:ive; a^ 1"""" "' ''''' "'^ ivherc we crossed a ridge apparcntlv hL^r .., ? / '"' "^'"' ^ '^ miles, " After this we found hiHsor W SnH 1 T"" '"' ^°"'' °'' '' °'^ '^"^ ''-• .est and South-east near .' 3th'mr^^^^^^^^ S-erally to the North- miles; between llSand ll.miles; bTt e^n it a„d ,21 . T" ^''^ ''' ''' "^ miles; at 125 miles; between 127 and 128 mnl "" '' ''''*''''" ''' «"'' '^^ 131 miles, and at or near 132 miles Thle' """■ ""'"' '''"''=" ''° ""'» other in height as you go North th,. !«! T' T^" g^-'erally to exceed each passed it being considered higher' 11 IZ' "'^"^ "' ^'"' "'^^^ -»'-' --^ of it on the line, but soon fallf Xtrd 7h.^t^^^^^ f'^ ^-'' or South east. Between those ridges are numerous «^, I .' ''' ^ •"" ^ "»''«« ^outh- who. waters pass by a rap'id desce^TrrR ^r^: Hi^ ' "''^^ ^ ^^° Map. " Proceeding North from the last mentioned ridi thnl 7 • not very uneven to 144 miles 26 chainswhere if f '"""""'^ "^■"^ '^'g'' »"'f -iles, and is the Ridge which divide the waTr T " """"'^ '"" '^'^'^ '«'' «' ^^2 rencefrom those whict fall into he A, '^^^^^^ " ''' '"'"''• ^"" aforesaid distance of 144 mile, 26 chains is T' "n'" ? "' ^'^'^ ^'"S^' »' '"^^ i^oint to Beaver Creek there is a gene al aTd Terv '' T 7 ""'" '"^' ^^^ '»'- a few places of rising ground forThort iltance? " ""'"^ '"""'' '"'^""P^^^ ''^ - At Mars Hill I took observations to ascertain thn n. •.■ r .,ec,s, the n.ost of which are peaks of hills o n nt i„7 tT °\' '' '""^'^''" °^- stations are laid down on the Mao and n„ml! . ^ P"""*' ">«"tified at two the respective observations whSZtifnt^X^^^^^^^^^ '^'^'^ ^^^ "-bers of " ^f """^ 8'''"8 » description of the other mountains it" „,.„ , ' exact description of Mars Hill. The Sonth nn,t ,' ^ '^ P''°P" '° 8'"^ an 39 miles 58 chain:, and ^o links North of I'm "'' " "' "' °''""'""°" '^ «''-^-l St. Croix, and 1 n.ile .2 chains l^swLoT'ir"' 1 ''" ^'^"'^' '^^ "^« «-r peak and place of observation is situate 41 Jil s^V h.::i"2 rT J'l """''' Monument aforesaid, and 1 mile tf chains West of !„ T , ' ^°'^^ ""^ '^"^ North to the South peak of said Hill is S. 5036 40 Cv o"f ?«. """ ^^^ "- and the nearest distance from said line to the foot of ,,; I iZ ' '"'" *'° ^'"'^'' Peak is 175 feet higher tlum the North Peak T . '" ^^ chains. The South level of the adjncenfcoun.ry. ""= ^^°'^"' P^''''' -^ «'>out 1000 feet above the general .:::.:;:;";; :t^ ;;::?r rt3""' "i^ '--"^ '^^ -^" - --- Peak of Mars Hill wii, oo c'cnsidereT; i n'oo^ S' t"" f,'"" "'"• ''""^ ^-"" «ther, will be given in tiiat proportion." ^°'" "'' Seneral level, and r •i': I i •I " %:i Appendix, No. 56. 408 •'MOUNTAINS. Kitracu iriini tha HeporuoftheSur- S veyorB under the o £th article of the S Treaty uf Ghent. ^ • 3 h m e 1205 715 1511 1750 1916 2249 1094 1626 1940 1476 1190 1450 2153 1424 1924 971 40d 'MOUNTAINS. »9ppendix. No. 56. EjIracH from the Hepnrtanftlie Sur- veyors under Iho Sill article or Ihu Treaty of Ghent. . ■ J^ J. JoniiHon, V, B. Burveyor. Nortli Line, ic. Surveyn No. 3. ' 1213 1609 1180 I57I 1288 1255 SOI LSOl 1389 1200 463 497 624 550 Mountains seen from Mars Hill. Green R ^Mo nl 1 V" "'"^ '' ''""^' Mars Hill, lies about 5* .iles north of the R ver S Joh 1^^ 7 '""'' "'''^ ''"^'• River. Its elevation , by calculation, fro. the watLs the S /on' 71 ''''' °'^^"" Green River, is 1,074 feet, and from the waters of the St J hn mk . '""'''"'=' °' Madawaska River, 1.043 feet ; from whichtap^arsu^^^^^^^^^^^ waters of the St. John between the entrance of The Mad wa sky Ll G ! R "" '' distance of ten and a half miles. ^aaawasky and Green Rivers, a "Green River Mountain was also seen from Mars HIII on^ i i . • there, is 1,008 feet high, or eight feet higher "ran ^ s" ' Pea'k'" Ma" hT Z deducting 1,008 feet from 1,074 feet leaves the general le^^l of Uie Ian 1 , '• ""^ of Mars Hill 66 feet higher »h.,„ .h„ ,.,„.„.„ „/.! . , " "'^ '^' '''"''« '" '''«= ^'«'nity 1 . , „ "'vi,! iMuuniam IS 1,082 feet, rmki only eight feet between the calculation taken from Mars Hi toG e.r, H" m tain, and thence to Siegas, and that taken from Mars i fo S ga! d icf 'Tak > for granted, from the foregoing facts, that the relative heiglu of M r 7^ ', .^ '* !'' River Mountain has been well ascertained I «,;ii i . "" "'" """ ^reen country as seen from said mo 11 ^ ".'""" . ''"." """"^ °' ^''^ elevat on of these Hidil'inrl, ,n I I vcu.ng vaiiejs. Uy taking the general Leigh, u ™,„p„:, ^t^izi^z'i:^:'^':""', "'"■"" "•' «»"" 4» »,.=. w„. of .h„ exp,.n„g ,i„, „ ,„„„„ ,,= .M ,i„„ „d L rJ;" l.' I I I •(■ i 3 r 410 W ' Wi ^'Ippendix No. 56. Rltrncls Irnm tlir H*'|Knt8nCtIiiiHiir- 'I'yori under the rnli nrtidi- or (liu l'ri»i>' or (ibem. , . ''' J. JohniMn, IT. s. Purveyor. Niirlh l.fnr, &c. HiirveT4 iN«. .1. W. f. Odpll, Dri 'isli Piifvcycir ni>lonliHlier,4ir. ■iiirvus.Vn, T. "In pursuing tlic foregoing subject I,y observations taken at Mar., IfiJI, it was asrcr- ta.necl tbat ,bo higbest land «outb of Lis.ook River, wbieb i.s about balf a „.ii™f U,e l.ne .s %■- feet. The bigbcist land soutb of tbe .St. John, being westerly of",bo Grand Fall, and d.rectly on the line, is 434 feet, and Ibe highest land in sigbf, in .he d.rec .on of the hue north of tbe River St. John, supposed to be Sugar Mounta."'.. wh.eb, taking tbat (o be tbe fact as respects the distance, is 1,03G feet " The Highlands soutb of the River St. John, and those south of the Listook River above ment.oned, fall olT within a little distance west of the line into low, swampy lands wb.cb extend from a low ridge which forms the soutb bank of tbe River i. John, as f^.r south as the source of tbe River St. Croix, aud several n,iles wes., will. e exception only of Mars llilJ. wb.ch, as has been heretofore stated, is surroun ed on all sides by the same glade of low land." « On my way from Frederickton to Des Chutes I met with a man named Wilsev olio" F '":, ''''' T"' '"'" "" """' ^'"'^-'-"-k on a direct course fo fork, ; It "171" rr""' "*" "'" '°""*'"^' ' ^^^^ ■'=« ^° ^^^^^'^^ ^'^t "^ar the forks of the Restook I should f. .■ , ,.„..ain from which a very commanding view of tbe country would be obtained , - ,re deemed it my duty to proceed ZZ nver as far as possible in the hope . . .aching th,- mountain, and thus b ail ' eorree knowledge of the face of the country, which cannot be done to any exte oltlie r. ver. the banks of which are generally low and covered entirely with wood so liat the view IS very circumseribod and then of reaching either the sources of the .St. J no rom th top of Cathadin and of other mountains, which we had alread/ascertaineHo be situated in hat quarter. We therefore proceeded as fast as the tLspor 'aU n If e stores would admit ; but when we had proceeded about ten miles uj th tuth Branch by which the Indians say that they usually go to tbe Penobscot, w fo" be water fulling so fast as to preclude our going any further with the oats being convinced that VVilsey had mistaken the situation of the mountain wbi;h he lad described, we returned to a station about fifty-two miles from the mouth of thi Uestook, where we had observed a mountain of considerable height very ne^ir hr nver an .m which there appeared to be a prospect of obtaining a' ext: ded vl^C ^blcb, as before remarked, could not be had from tbe river. Upon this mount.!, we cleared a spot .nd erected a stage, from which we had a good view o mTs -Hi of the mountains to the westward of it. From this station tbe coun rv to h. wes ward o Mars Hill appears high and mountainous, compose or d^s lyL: ;o.st ly parallel to each other, generally running in a northwardly and soX ' 1 v .inection but fornnng altogether a mountainous chain, extending nearly'tle ^^ aiu soutb-west, the land in tbe south-western quarter being evidently till: this mountainous chain appears to continu- north-easterly towards the head o the \Uy of Cbaleur, as there is a conspicuous rang .f very high laud extending in tha' ^l.rec ion, and apparently connected with Mars ilill, „r with tbe Moose Mo ,t -.vhicb lies oppo^te to it on the north-eastern side of the River St. John. This v ^w o the country lully confirms tbe remarks made last year on the general appearan "' e ground a, seen f^.m Mars HiH ; anU the opinion then give' is .still ftir.ber con .a-med by the River Re«took, tbe general course of which is from sou.h-west to nor I . 0..S, n.arly, and i.s current for the most part uniform and of considerable streni wb,c proves ,be elevation of the general surface of tbe countrv. added to w i ' J -be observations of Mr. Campbell, since made on , be top of Mount Cathadi .„" 'ontainedm his report hereto subjoined." ' .^^'^^^--<^- of thick weather, snow and ^ 'x'Zl* l>a storms, succeeded on the 1 9th in getting a most commanding view from the peak k=U^,- In a north eastern direction there is a chain of mountains and ridges extendin.^ """" '"' " from Cathardin towards the River St. John, in the. neighbourhood of Mafs Hi tlii Chan, appears to spl.t or fork at the distance of about 30 miles from Ca.hardiro e SLkZr'rh '°"r''' """.""'r' ""' ''' °''" ^"""'"8 nearly parallel to tho Kestook R.ver. Ih.s r.dge or cham of mountains and hills appears connected with a very high mountam at the source of the south branch of the Restook. which lies North ,50 East, distant 15 miles ; the Lake at the foot of it is seen distinctTy llso In a South-wcsicrn direction the chain continues as far as the eye can reach, by .11 h„?"k TITT' ""??'"' '^"^ Spencer Mountains, which lie South 80° VVeat^ hstant about 25 m.les, and thence more northerly to very high lands, supposed to be those d.v.d.ng the Kennebec waters from those of the Chaudiere, ;hich a«. to be piain.y seen extendmg m direction nearly North 50« East and South 50° West In every other quarter the land is comparatively low. except one long blue ridge in a a^d somT f "•,^'=^;°".; -'^"'''"g "-^"-st and south-west, distant about 30 miles, a d ome detached hdls, sa.d by the Indians to be at the sources of Union and Nara- guag.s R.vers, bearmg South to South 20° East. Upwards of sixty lakes and pond, are v,s.b e from the Peak of Cathardin; among the rest Chesunoook. North 50° West d.stant about 9 miles; and Aphmoogeene Gamook, North 20° West, distant 13 miles- also the communication between them by the Umbazucsus Stream n.lent that there are no h.gh land, north of the sources of the Chaudiere and Kenne- Ma^rS ''"/""^.^If °^: '"^"''"-'J- '"^l- --t«'nce of a chain of Highlands, from Mars H.ll or .ts neighbourhood toward Cathadin. and thence to the head of the Ken- nebec IS certain. The great height of Cathadin causes the other mountains and hills, lorm.ng his chain, to appear to great disadvantage, not only in its immediate neigh! bourhood. but to a considerable distance in every direction ; but they are still verv conspicuous from the top; and such as are visible when only part of the way up to the peak, look much higher than when on it." * «« On the 7th March, 1S20, the season being sufficiently advanced for renewing the exponng survey, I left St. Andrew's and proceeded with my party by water to Helfast, and thence across the country to Norridgewock. on the Kennebec; froni whence we pursued the Quebec Road to what is commonly called the Height of Land, lying between the Kennebec and Chaudiere Rivers." A ******** * •'On this r.dge is a large Birch Tree standing on the road, which appears to be on the highest part of the ridge, and is marked by the Canadian and American Surveyors as the spot to be measured from each way on the new route f .m Kennebec to Quebec- lro.n th.s tree proceeded to explore on both sides. " ' «« Four miles north-east of the marked tree found the spotted line used by the drovrs on their route to Canada. A tree on the summit, marked with a great many names, and called the Old Boundary." "At one mile more (say 11 miles) intersected a stream running north-easterly, ■,ft* ft i [\ ' t I : f; I. if it '»- ^^^B^^ '< B|; ¥l 41fl '^"^- ^^^i"^ ""'"" ?' °^ ''''" """ 'P''"«*> '■•'"""''"^ '^ ''°^"' •"•^""^ very crooked an.l ead.ng through three Lakes: after tracing it ten miles, found it at length running to £:i;rofr«;!;' ^he "orth-west, quite « large river nearly a chain wide, and winding round the foot of Jrf .^;5 Z » ^f>_ hard wood hill. Ascended the same, about forty chains to the top, and ha.! a r„..or „,.„.. go„d t„ ^he northward and westwa,xl, saw the river just left keeping a norlh- b;;;',!" %a '"''f *' «=°";f .,f ^ard theChaudierc. The lan.l in thatquarter, a. before .lescribed; xiim *^'^' "" M "" """"i-west of this about a mile distant; saw distinctly the course of »umr.iio. w. the ridge we have been exploring, extending north-east and south-west, distant two and a half miles to three, which proves the very crooked course of the river Uc- turned to the summit of the Main Ridge, from whence I saw a strean. running south- easterly along the foot of the ridge, found its source in a Cedar and Spruce swamp- on the south-east face of the ridge measured; from thence north-west, across tho summit of the ridge to one of the lakes on the other side, and found the distance only 60 chains; this is the lowest vale we have yet found in the ridge; traced this last men- tioned rivulet down stream several miles in a south-easterly direction, through one large and two smaller lakes, and thence by a large rapid stream until it joins the west Branch of the Penobscot, as will appear by a reference to the sketch accompanyine this report. ' "^ ° " Conceiving it clearly proved that we are Uius far on the real high lands dividing Ihe waters, and having seen that height stretching to the north-east for many mile*! continued to trace it. " * * « , » "At about 22 miles the Main Ridge assumed a diflerent appearance and shape, but continues nearly the same course; instead of a regular ridge as heretofore running straight, there is now a succession of high mountains and ridges, some of them two and three miles in length, lying E. N. E. and W. S. W. and some of them East and West, and a number of detached hills and mountains on either side, at two, four and even SIX miles distance from the main ones, among which are ponds and small • akes with outlets or streams, some running to the north and others to the south, taking their rise in the neighbouring hills, and running through the intermediate valleys; at same time a north-east course by magnet intersects most of the highest peaks; examined many of the mountains lying farthest to the nortii-vvest, and found U.e face of the country low, and no ridge extending in any other direction. At 33 to - 40 miles along the chain of mountains forming the main ridge, saw a cluster of moun- tains lying North, distant about C miles, and not immediately connected with it al- though the land is high and broken between them. Set out for the highest, disiant 6 miles, expecting to find the sources of the Penobscot (Middle Branch) and St John Rivers among them; from the top of this Mountain had a very commanding view- some smaller detached hills lie North to North-west, distant 3 to 4 miles, beyond which we had a view of 30 to 40 miles in those directions, and there is no ruL of any description in either of those courses; but the land continues low, except where there are occasionally small swells of mixed growth; had a most advantageous view of the main ridge jusl left, stretching about four miles from mv last station on it. in a broken manner, to the North-east, an.l tlicn apparently mor'e connected and very distinct stretching about E. N. E. at least 20 miles, toward a high mountain, bare at op, distant 30 or 35 miles, which can be no other than the Restook Mountain, an.l thence more northwardly, say N. E. towards a very high mountain with two bare peaks, at a very great distance, and much resembling Mars Hill, near the River St. John, r.e same ridge also extends in a south-west .lirection as far a. the eye can roach and the clefts or valleys through which the streams run. as before .lescribed. are plainly seen: determined as u further proof to explore the sources of the St. John and Penobscot among those mountains ; at one mile, in an eastern .lirection, struck a Lraucli of the latter near its source, rising out of several large springs, and running 413 80U(I..cast. CoiUimicJ an east course 40 drains furlher, to auollier Lraucli; followed it down stream, very crooked, four or five miles, where it was much increased by the junction of the stream last passed. The gonrral course about South 25° Kast; at about 4 miles more, general course nearly south, came to the main Urancli of the Penobscot, running South-west to South-cast, and at about I i miles further runs east, between two hard wood hills, forming part of the main chain or north-east ridge, from the con- fluence of this last stream, which the hunters call " Fletcher's," with the main branch of the I'enohscot; followed the latter up stream three miles, course North 45° East; thence (5 miles (very crooked), general course up stream North Sry^ West to North i;.5° East, thence North through a bog sj miles, thence North 5 miles, to a carrying place near the source, being now very small; crossed the same carrying place in a North- cast direction, the land low lo the St. John River, navigable for light canoes " ••••*♦•«.• "I left Burlington, (Vermont) on the 13th of .June, 18lf), accompanied by my assistants, Messrs. IJuniham, Farlridgo, and Hunter, and arrived at Quebec on the 15th of the same month. The Commissary, M". Powers, proceeded in advance to St. Andre, for the purpose of expediting the transportation of the provisions across the Grand Ponage. On the 23d of .June, myself and assistants left Point Levi for St. Andre, where we arrived on the 25th, and where 1 found Mr. Powers, zealously engaged in making arrangements fur the transportations of the provisions. On the 2r,lh, myself, assistants, and the men, left St. Andre and proceeding across the portage on the foot, reached hake Tinniscouata on the following day. The route across the portage, nntunally bad, was at this time rendered much worse than usual, in conse- quence of the heavy rains which had recently fallen. This, while it made our march very fatiguing, considerably retarded the progress of the provisions. I commenced a series of barometrical and Thermometrical observations, at high water mark at St. Andre, which was extended across to Lake Tinniscouata. I remained at the Lake two days, when I determined to proceed on in advance to the mouth of the Uivcr De Chute, leaving the assistants to come on with the provisions. Accordingly, on the 30th June I left Lake Tinniscouata in a canoe, and continuing my Barometrical ob- servations, reached the mouth of the River De Chute on the 3d of July." "Mars Hill is an insulated eminence, (having no connection that I could discover with any ridge of HiKhlands,) situated about one mile and six chains due west from the eastern boundary line of the United States, as at present explored. It consists of two peaks, the Northern and Southern, which are in a right line, two miles six chains and sixty links apart; but to get from one to the other, it is necessary to travel about two miles and a quarter. The South is the highest. The prospect from this Hill is very fine and extensive. To the South-west, at a great distance, appear some lofty peaks of Mountains, the most elevated of which is supposed to be Mount Kai!iadin, near the Penobscot River. To the West are some eminences of less elevation. To the North-west and North the country appears to rise pretty uniformly, and ffUiilly to terminate in a ridge of elevated land, which extends, to appearance, nearly in a Nortl:- east and South-west direction, as far as the eye can reach. Indeed the whole country to the West, and as far North as the ridge just mentioned, setting aside the small ine- qualities on its surface, appears to form one immense inclined plane fronting towards the South, with a gentle inclination to the East. The whole extent is still in a state of nature, without the habitation of a single civilized being to adorn its surface." " I left Point Levi, accompanied by my assistant, Mr. Partridge, and passing through a well cultivated and picturesque country, reached the uj)per settlements, on the Chaudiere, on the first of September. On tiic second of September, having en- 1 tv/o Frenchmen as guides aHc'. packmen, with a horse and cart to aid in trans- lor No. 56. Kvlrnilii Hum lliii lli'poiiHiil ifji-Hiir- vi-joK ,1. ih.r ilin ■Vli nrliilK of lliu Triaiy iii<;iit'ii>. f'ritlM Cuninhfll llilli.ll AK^lni.t Hiirirynr. Mimill Kiilliiiillii.Ar. ■ Survc,«No. \^ I') Aldt'n Furtriilc, y . H. Hiirveyor.— Tcliil-ciiiKim P(ir Inijc, 4c. Hiirvfl^ .\'ii. .'» alidtj. mi p-i vr ill 414 •^^'T?- ^T'l"\T '''"''f ""^ ""*' ^"^'^'<^'' ^"^ '"'"'''^ ""^ VVildcrne«i and on the morning of the Ith arrived at the Monument on the highland.,, disUnt Imm the un.H^r settlo- L';,',';;;:;ii;;;W,:';. '"«'"»''' °" «'•« Chaudiere, 39 J milcs, and from Quehcc f).51 miles. " .llh arllrlo uf lllg " • • • » •'•"">-"..„,. .. The road i, cut through to the IliKhland.. and so far worked that we «ot on with .^r;:::.';,'^':; ""■; T '" ,1" """ '""" "'' '^" -^'°""'"«''». ^vl.crc we Ica it. The Monument, .o .l;";ir;;:!;'/ ''• '' " "'""' ^'"•ved image of wood (suspended against a large birch tree), holding N.,.. . .„„ . a sword .n one hand and a /lag and sword in the other. Thi.s station has been aRreed upon by the Road Commis.sioners on behalf of the province of Lower Canada and of the State of Massachusetts, as the summit of the ridge of highlands which .livides .he waters flowing Northerly into the St. Lawrence, from lho.se that flow Southerly i„to the Atlantic; and they have con.,equently (ixe.l upon it, as the point where the Pro vince an miles. •^ "^ "TABLE OF ALTITUDES. r< in (Grand lourche Mountain . . 1,3.36 ) Above Tide Wator «» Grand Portage. >"uii, M „,i„ . MO. ( the°S?. W^/ ( Ilier Mountain 1,320^ St. Andre. Mars Hill. Country from Point Levi to Hallowell,. Maine. North Peak i 303 South Peak 1*504 Monument on the Highlands . 2,002 Isl height of land South of the Monument 1 953 1st height of land South of Moose .K'ver 2,082 2d height of land South of Moose ^^'ver 1,862 Above the surface of the St. John at the mouthoftheDeChute. Above the surface of the St. Lawrence at Point Levi." * * * , " The Aliquash takes its rise in a large circular morass, about one mile and a half ■ in extent, surrounded by a tract of land extremely low and marshy. A slight in- crease of the streams, uniting in this morass, gives it, probaWy, the appearance of a pond, but at all times the same muddy pond by which it seems heretofore to have been designated will be appropriate. The timber about the margin of this morass or pond IS 01 a very inferior growth and quality. No heights of land are observable in any direction, save the lofty summits of Katahdin, which, from their superiority over any eminences thereabout, may not only be distinctly observed from this, but from several other points on the river. The Aliquash, at first a mere rivulet, flows from this morass in nearly a due North direction, about two miles and a half- and at the termination of this distance, contributes to the formation of a very extensive liodv of water, called Chimney Lake. The current of the river, from its source to its entrance into this Lake, is alternately rapid and gentle, but most of the distance of the latter descrio tion; so extremely small is the quantity of water thus far from the source, Uiat in order to render the navigation of it practicable, the stones have been heretofore removed from the channel of the river. Chimney Lake is by far the most extensive body of water hrongh which the Aliquash pass.s in its course: its shores are rocky but no where bold. There are a few slight elevations of land observable near the Laie- h,,^ the general surface of the adjacent country is flat; the timber immediately on the bor ders of the Lake is cedar, spruce, poplar, and white birch, interspersed with inferior pine. Apparently there are but very few tributary streams to this lake; the extent ol is: f. 415 "' " l""'peci ironi some oiio nf thu-ie 9iimmii« if I «i i ■ ^ "' -T" " i". that of Kntal..li„. woul.l nironl a m r;; : T 'e / h"; ""' 'Tl '^ ""->---Z''- country .„„„„..,H.i... view I co,.l.. po:.;l;t "i'^.S ^tVl ''" 1^'''^^^^ steps townnis thrm I ,i;.i „ . ■ .1 ; rivTr, 1 directed nn «i"Mi.ir 1 ,„( tl.at the a,ce„.„„ of K.tahdin Llf wo'dJ t 1 TnVvVreH; • '"'7'"'"" great d.stance. a blue ridge was clearly di.tingui.habl... it ca U „! x' ' I ."' "' '^ venmR objects «but it iVom your view tL ri ' """""'-'' ^"^"^ """' """- its height, and gradual in il,ri,e N, f "''''"■'""' """''""'^'y """''"••" "' surface, of Niouse-h U , •;;.,^" "f '" " '''"^""" "^ ""'-^ '^'""•' "^ ^VcM, the si.ierab.eennnence.vl H : ;V^'^^^ ^T" "'"""'"''' "'"' ■'"^">' -"-'"■ .H. country lyi.g ^etwert";:::.^":;,^:::: •;-^--^- 1-'^- moiinlamou.; Ii.,i ,„,| «(„rih Ihe ™ Miinote Hivers .v„ broken mil Chin,ncy Lake I have estimated at twe tv nl/ Tl " r ' °""""" ''""' tary stream, to the last me„tione' -- • • • » • * » « * ♦ • »uhin,rewch.,-,inhrt„ ia\^j;':r:t ,;',;:'■"■ '""'■ "-" ' shore,, b„, ,Vir ma,„u„Jc i, ,r /li„, T, ' I k ° """'L.tely ftoo, i„ • . "■■" <|ujrar. i ne land immediate v adiaccnt to thp l.na,l rvr .),„ nver .s low and marshy anll Bumvoi - Hiiilrci'B uf rviiDb 416 " The maps only cxliibit Ihc walori ! ex|iloroil myself. In no innLinco has any thing Ijicn laid down on tiiu authority of other*. The infornialion 1 occasionally derived from dilFerent »ourccs, relative to the cxiatcneo of lakes, ponds, streams, jiort- agcs, antt highlands, might wilii great safely have been relied on, yet I have only do- signatcd sucli as fell within the compass of my own observations." «* As soon as the party that had been sent for jjrovisions returned, wo proceeded up the Penobscot, and while the men were employed in carrying the stores and boats over the portages, into Chesuiuook, 1 went with my assistant, Mr. Campbell, and small party accompanied by Mr. Loring, the United Stales' Surveyor, into the Aph- moogcne (iamook, the .source of Ihn Aliguash Branch of the St. John, intending, if po.s.sible, to explore the soiirrcs of the Jtestook, and of the Kaslern Branch of tho Pe- nobscot, but the small str ams were so nearly ilry as to render this plan impracticable. " The nnite from the Penobscot to the .Vjihnioogenc is by tho IJmba/uckscn.H a small stream emptying into the head of Che.suncook. This stream is completely serpen- tine, and perfectly still or dead water for a great part of its extent; running through a meadow fifty to eighty rods in breadth, and covered with rushes and coarse grass; above the meadow there is a moderate current. It lakes its rise in a pond of the same name, about four miles long and about a mile in breadth. From this pond, a long, high ridge of land, called by the Indians Quacum (iamooksis (or little (iull Lake) Mountain, is seen bearing North-westerly, distant by estimation about twenty miles, and extendinK Morth-caslcrly and South-westerly. " From Umhasiicsus |)ond there is a portage of two miles to Pongum Gamook or Mud Lake, the first St. John Water; this Lake is about three miles long and nearly one in breadth, but very shoal, with a soft mudily bottom, and covered with pond liliei. The land immediately round the lake swampy. This lake discharges into the Aph'- mogcne, by an outlet which does not exceed a mile and a quarter in length. •' The Aphmogene Lake is about fifteen miles in length and from two to three in breadth; the banks low and swampy. To the Eastward of this Lake is to be seen a very high range of Mountaini., stretching North-east and South-west, Cathardin lying behind or South cast of them. These Mountains appear to lie to the North-west of the East branch of Penobscot, and to divide the waters of that branch from this lake. We proceeded to the South-eastern end of the lake, and exammod the stream described by the Indians as the route by which they go to the Restook, but found it too low to attempt; indeed most of these routes describetl by tho hunters are practicable only in the spring, when the waters are high. We therefore returned to the Penobscot and pursued our journey up that river." ' ■••••••» " The navigation of the Penobscot is very dinicult, being very much interrupted with falls and rapids. The banks arc in general but little elevntcd above the water; hut about half a mile below the mouth of the eastern branch, there is a hill on tho Western side called Sandy Hill, from the top of which there is a distinct view of Cathardin and of the range of Mountains before described .seen from the Aphmoogene Lake. « From the mouth of Ches.seboo, a small stream coming into the Penobscot a few miles Westward of the head of Moose Lake, there is a distinct view of part of a range of Mountain^,, called by the Indians Guaspempsistuc, stretching North-east and South- west, disUnt about ten or twelve miles, and lying between the Penobscot and St. John Rivers. " The sourcesof the Western branch of Penobscot are a little to the Westward of the Quebec Road, where this branch is divided into three small streams that arc intersected by the read. The Northern branch takes its rise in a small pond, surrounded with bog, to the Northward of which is a small elevation of land, and a low ridge to the Westward. 417 " From the etiiranee of the PorUno at th« North Mitarn ihora of (hU pond, then appendix. IM lira a diitiiict view of Our.fpcrii|)«iitue Mountaini*. N«. Jd. «' There i« a poriiKn of two Diiiea ia length from the pond at the head of the North n.^^TZIi. *. BniLch of Fenobacot to a an.all branrh of tho St John River. Thia portaga ia all iT,™" Lido's, bogand awamp, eovcrd with amakt l^umaraca, oxtept aboat half a mile, whan lYxnT„:!;i]\:L::* ground ia a little more elevated, and the timber thtcBy gpruee; bnt the land atill 7«) "The Branch of the St. JoIiq u. which Uio PorUgo leada ia a amall and very "'^'•^•'' erookcd atream, running through bog ami awamp; tbo banka almost leva! with the water, and much obatrucled with aktrra lor atjout lia niiloa, when it joins a larger atream cwming from Uie Southward, called by the Indiana and buntera the Main Branch, which lokea iu riae now the head of Cheaacboo, in the GMaapempsiatuc Mountains aliove nieiitioi>cd. Theae two atrenma, about a quartei of a mile below their juuetlon, diacliarge into a lake, called by the Indiana Oolaataquon Oamook." • •• On Tuesday the 1 9ih September, ael out down the Penobscot, on my route to the Aliguaah River, a branch of the St John. The atream below the fork 84 chains „,',;:'[" J,'"""*-"' wide, and shallow: a n.r-ow Island aliove two miles long conimencea about 80 chains S?""'''''''' below die fork. Found the first three miles very serpentine, varying from S. 2(f E. to N. 60' E. the general course about N. 50° E. The mjxt 3 miles continues very crooked also, say S. 30^ E. to N. 70° E. general course about N. 60" E. The next two miles more straight, general course N. 45° E. The river continues 9 to 3 diaiiw wide, tho current moderate and qiiiek, alternately; thence the river turna more South-easterly, say S. 60° E. for oiie mile and 10 cltoins (9 M. 85 C.) « For two and a half milea further, the general course is about S. 45° E. ; current very moilcrale and water deep; tho river about tho same width as laat noticed; here a stream navigable three milea for canoes, comes in from the North, extending up stream ill a North direction. "Litllcfield, one of my party, (an American residing on Kennebec River), says he hunted upon it two seasons; that following its wiodinga it is twelve miles, or about eight iR a straight course, to a small pond, from whence there is a carrying place, the CO. N. W. dirtance ^0 chains, through a heath bog into a branch of the River St. John, with a Lake a miic and a half long at its head, surrounded by part of the same high land or main ridge that he traced with me last spring, and which we have a good view of from this stai ii, extending N. E. and 8. VV. distant 8 to 9 miles " ••»•, " After dinner set out again down the Penobscot to the mouth of the River Umba- zucsus, which empiiesinlo Luke Clasuncook; thence up the Umbazucsus, and carried the skilfs and canoes over the carrying place between this branch of the Penobscot and the Lake Puiigum Gainook, which is the source of the River Aliguash. Arrived III tho inlet of Aphmoogeenee Gamook Lake, on the evening of the 27th September. As a particular description of this route has been included in the general report, the coursea, distances, &c. are not here mentioned." " It was our object to find out aa far as practicable the relative situa- tion of the heads of the waters emptying into the river St. Lawrence on one side, and •", /■.T'la'n.-, m into the river St. John on the other, and with a view towards this point, to visit as?H'?''''" "'"' many places where the waters of these rivers divide near one another, as we could ob-'*"'"''''""^'""''^" tain information of, through the few people who visit ihose countries." "The branch of Green River which leads to the country that, we had to explore, 18 a mile below the portage, and empties itself into the main stream on its right bank, 111 a South-easterly course. It is called by the hunters the Little or Second Fork of tho I !• - I, ^ 'I l* fl ' : WKS •i ^ hI 1 418 K«r«u fr„„ ,fc. branch Slst of July Th« «,„/ ?! * ""''""' "' *•»« '"""'^ of the Htportof iiMBur- "' "'oi oi juiy. •» He Water in this rivcr is not •■.«:«■•„»« • xl . fr^rjf ISjy^^ to carr, a c«,oe, and we were uJrIZ M^jT '" "'^" °^ *''*' T«..y^G.«„. men at the mouth of the river and J !^f •!! "''^ "'"' ™""'^'' '^'''' ''°'"° ..L. A ,, stock of provisions L 1/^ ' " f " '" ^"''^ '"'' the nece^ary U:S4TSSasnear thenUTwe^ou d in oTd^r .T'"'"«' ""^ '^P' "" ^''^ ""'"« ««>-^ »-«" soon reached a a«all r Tht fe abovTlf '^ T^V'"' " "*' "^"^ '^^ "" "'-''»' sw.n,p, and on the banks it was in h d"S^ J' f l '"'' ''""--ded by the without sinking into the mareh oTtll ^""^I'^^y"''- '^''^^'^Po^^iWe to walk, inhabited this pL in «:e ahunda„ cI' m'coul ofT "'' T'' ""''^ '" '^"- discharges itself on the northern sLT is at /rsnTl V "T ''^ "'''^ ""^ '»''« point east (by compass variation abl 'w rH^.h" ^^ '"' ^«--"'"' ^* bothsidesthe swamprfrom which thewlr .1 ' '^ "°^'"' "'^Ses ^-'ose on forming a long, deej,' S:^:l ^ ^ t' ZZZT^ fr""""' ''' '^^«- ly North and South by compass w!^v2 r !. T ^""^ "'"^"'' ^'■^- "«•- ward is a branch of Ramou7; Rive^Lrng ntrri! r St U '""f « "°'"'- not follow it far enough down to satisfy n,.,i I. T Lawrence, but we did of this information, k returlltn^ ^U^:;^ ^"''> ed with all possible despatch Green River/frMadawl? let'"' "' ?'""'- evening of the 7th. raaaawasky, where we arrived on the Rircr which discharges itself into T 1 .,' , ''"'^'^ *°8^"'^'-' '■" °" ^uladi was therefore determrc u „ W Te^r M^^^^ '1 "" T"'"°" "^ '""^ -" August; arrived at the mouth of T 1 dUW on he^^^^^^^^^ '''"'' on the Hth; about 16 miles up the river ^eZZ olltiu^^^^^^^ 'T right, which passes throujthSauattuelc 1 ■,!,» .„„ . "'« nrsi lorks, the one on the cd bya small'plan, traced ^ an I„ we f;.?o:ed t^h "T ^ousl.erM.., g„id- ..-S within less than a mile, to o.he fXwh ^T, ' oner.." t''^"' "'"" ''^""^"^ considerable. We ascended tho .Zu "'^ "8''' '" "8'''" the more ™t, and an ^^^Z^'roo^^^^^^^^^^^ ^*T '^'"^ ^^'^'^"'« ondof which thereisastream,forn.i„goneofitorin^^^^^^ '''^' "' '''« and so blocked up with floodwood tLnh! r '^ u "' ""^'"^ '" ''"^ narrow, route. frecuently'Lave maX^lCa IVtreTolTry" Te ^ ^H T'"' ^^*' on the afternoon of the 18th, left our canoes aUhe entH« A !. '''"' ^'''^'' ately, accompanied by twomen to carry Zpactir^^^^^^^ reach a small lake, about 4, miles ^^Z^Z'LI^^^^^^^ we followed it up to it, inlet, which is a broad shallow stre'am ^th 11; litu" '''' surrounded on both sides bv a swamn H«,» r T ^ ''"'" current, we followed. It goes thro gh a s" mp coveL "'"'" ^''"'''«'' P"'"' ^^'^^ others wi.h thin wid, consL:;^?::;^^^^^^^^^^^ '-^! «-• -" - various small nils of water, which unite a'nd di^ge tltn:;;^^?:''''^ '^ surrounded on both sides by high, unbroken rl,l.,« i ^[^^ '"'° *'i« ''^e, and 4!9 i'unning south, both issiiinir from the same swimn A. »<> «-i . . the. hea^ma, stiH he neaLto one auXr^e „ot sT^LTure HtS ''^ft' smal er streams, runn.ng north, and at the distance of one mile and a half, the lu^ , . — path lead us to a stream about half a rod wide, into which they discharge them^S »™'-s'J'^ The course of the stream is North-east, and according to the IndianTnlr-r *•<' -'^i-f S? U^rough a lake, the place of which .e saw distinctly, b'ut our o s Z being ehluT ^'"'^'T^' ;e^t:er.irnrorrj'"'''K!^^^^^^^ rence the oil P^^ "^'.^'^ "^^r being water discharging itself into the St. Law-TSp«l^^ ^ * • • • * ;' ^"tl'^ f°";«^i"8 day proceeded to the Lake called by the Surveyors Lake Meti, fol owed the ndge on the Northerly side of Beaver Stream. FromZ plk abo^ five «• ■>-"■-■ -■ m.les west o the exploring line, saw the ridges south of Beaver St^ar^v alt ■-"«- Memkeeswe. The highest land observable from .his state toJrf^c Mream, and the lo«e.t in a north-westerly direction " """" ud'to Qu;be;, whcire 'i a;;i^T;h:',;i;' n "' T""''^-' ^'^ '"'"^"'' p^'^-^^^'^ making preparations for the ^ute u, ^^ Ch utr. r; O ^'"''''''^ '°'"'"^"'='='^ of the Chaudiere on the 24th Deoel At t i Ih. "' ^ ""'"' "" '"''^ g^ndes. and learned from .hem tha The maif he ! Te ^u iT' 'T '".'-'""^ '' from the St. John, but that a branch of the Dul n„ n .^ ^ '"" " '""« '^'*"'"<='^ water of the St. John. TherTf^. olL, . , ^ "' '""''' M^^'K^^eWe, headed near ceeded up the Du Loup. twelvT mi e „ t ! T%";:' ^'""" '"^ '^ ^°"^-' P- ^ream three miles; the ce took a line ^ ed ,'"°f "^^etgermette; thence up .hnt - .^rce. by a shorter rout:^^;;—^ L^^ i:^::^o:::^:ih^l^ '" =Lri=dr::r;:^;r::,^-.^-'«--^^ tance. We ascen.led it on the 2d 3dTnd 4 h . r t "* '""""^ '° ' ^'''' ^'"■ have a view of the surround ng cmlntry owinl fZ . 'T' '"' ''* "° ^""'^ ^""''^ it was pleasant at the foot i wouW be fnn 7^ ''"'' "'^ "''' atmosphere; while T...-,.c», p.., -rorLrx::;r.:!;r-^^^^^^^^^ '^1 B I r tSppendix. No. 56. Exiracu rrraa lh« R«poniofUM8iu- v*]rora under ilw Sik attid* of tk« TrcMyo/ObeM. (») ■<• Bumkun, U a tiurveyor. M«™e-foarthsof a mile, when o.me to a smaU we stck La W " T" ^: ^ ^- -''''=»' ^"""-'^ «- "»« and quarter, when westruckLaFam,new.ternear.tssource. A source of the St. John, is found a few rod. from ,t both ,n a swamp; timber. Spruce, and Larchj thence north th«,e-fourths John^Uv- '^'="7^/^ W three-fourths of a mile, to outlet of «cond fekeof Zst itL^^';?r IT ?t 'T"'°""' "'''""' '""»' «"« "^^'^ •"■»««»• West from tne head of this lake, at the dutomce of half a mile, stnick the head of La Famine La^r T:';^::7:!Js "' *^r.°'"";' ^"^^'^ ^^ave their risenear^irothC' 1 ms lake lay. N. and S. u one mile long and one-fourth broad. Thence traced the La Thom^>ca.«., "A*""* one mile from the h«ad or south end of this upper lake we f™,„j gJMKf « aource of the g«.test inlet or the Quelle River; thatof the HtUe S . J^hl s IZut S'^r^r S ten chams from^it in a south-west direction, and one-fourth of a mile o tt .Iwtd IS the source of another branch of Little St. John. All these streams cometr„ swamp of some extent; a smaU rocky swell in the swamp divide, the sources of The ! n! Ll ^\'^\^'^ *?" "^""P "• ^o»"ded by a ridge of moderate height, which be- gins below the lower lake on the east side, and continues southerly alo„; the upper I ke, passes the sources of both the Quelle and Little St. John rivers, fnd extend the head of the upper lake, and continue, to the branch of the Little St. John fir t struck; anoU^er swell divides the two branches, which passing round it on each skle nn.te about one mile from the sources. There is a portige four miles long" which be' gms at the head of the upper lake, keeps along the rising ground on the west side of the swamp, mtersects both the branches of the littie St. John already mentioned and ends about five miles above where this river joins Black River. A ridge running to- wards the south divides the^ streams, then retaining the name of Black River bTlow 'he forks for twenty miles, it joins the river St. John " this line struck off to the south and ascended a high moiintail'lL^we mTght'ha'vTa view of the country but were disappointed, owing to the haziness of the horlL; alu four m.les further, the line passes along the brow of a mountain, on the same rid^ the mountain already mentioned, but the same reason prevented us seeing further than the ndge on the opposite side of the river, to the northward. The head of the Met- germette is about nine miles from its junction with the do Loup; it commences in .swamp at tJ,e foot of the ridge on the south side; here also is the source of o" of t ^ branches of the Penobscot river, in the same swamp, and within eight rods of the other water, running nearly parallel, hut in a contrary direction; namely, east for several rods, then inclines a littie towards the south, and at two miles there is a small lake one mile long. The ridge on the south side of the Metgermette continues along past the sources and down the Penobscet. One-half mile east from these two source, there i, mmmmmmmm 421 adivision of the waters of the St. John and Penobscot rivers in «„„,« u the stream of the latter joins the one alreadu „,.n. a l '"""•'^ Srounds; ^ppendi.r. that of the St. John, afte'r runningN 7^1 oTZlf'-^ 7 ^'"'" '"" '''' "»"-«' ^- ''■ and one-half broad; there is a r',JrloC^^^^^ f '"'^°"« ""'« '""« S"-^» - thn Por.,.k<.„.. 11 . ^ "*'^ •'^'8''' between this lake flnH iK,» «f'''^'"""'"'|«8ur ine I'enobscot, which, graduallv dimini«l,;n„ u^tu • u • ■ ^ '"''' o' jo*"™ under ihp II • ' 8 •""•>««/ aiminishing both in heisht »nd hpoo^itu f->- l , ^m omcie or ii,., a small rise near the sources. oreadth, forms but T,nty ofr.he,',. '« The ridge on the north side of the Metgermette approaches to th«t „f *y^ -. «T^•»" '^■"'"■ side, unt 1 near the sonrrp tu^^ i «• . "HHruai-nes to that of the opposite 5''"»i' surv«yoi , "'""=«r me source, then rounds off towards the north »n wh«, i- • • '^' „ 0"«"« »«i Meij.r John and La Famine rivpr^ ♦«!,« i , . . ' "^'^*' ^ division of St. r"" ''""'mi" - Lkeof St JohnX.Teou etf^^^^^^^^ '" 'T 'r'' ''"'''' ''""" ^'^'^ '^ another^ "'" ""^ distance to the east2d T^ ?„ IT of 'CT 71 . °''''°''^'- ''''"'' •"•"« '''^'« four.h mile long, com ng lit we t nd 1 ' " " ""J ^'""•" °' '"'""^ °"«- heads in a swamp, from which also irflws in t^'orr ^h""'' '' "' ^"'''"'^' a lake on the La Famine River Thi i 1 '^'^"* '^"'<'<=t'«>n t« 'he head of and South, the outl^Then grTduaS: : :;::;r''7r ""'"' "'"«' '^"'•'"« ^'>^'" tllitenterstheChaudiere, thL:il ! rXiltS^^^^^^ anotherbranchof tlie La Famine River whd^bvL I r^ "'"''' ''"""'*«"'" of some of the St. John branches buir / v "' """"""^ '^^'^^ "^" "'»' the sources we visited." ^ '' ^"'*''""=' '''' °^ ^'^"^ ^''""'""^e than * * * • » .u . 8"''sn, 1 proceeded to execute mv mst.nnt- i .• " " iiumcr, i . the exploration of the river St John fi.„». .i . ^*«'^"'<' ""V mstiuctions relative to f surv.y„r.^^«,, , '"^""^ '''• Jonnj irom that point unwania >»;»<> c , , "/""fh fc I'omiBi- country adjacent thereto " upwards to its sources, and tlic ^ «""""".°""' "' ■No. 19. extended in a northerly direction, how far I amunable o 1 S" . • "'«" jects shut them from my view undiminished. They at exteTd'J .k T''"'"^ "^' was an evident diminution in their magnitude but th.t T '''^' ""'' "^'"'^ .e.omthesourcesof.he^V..braS::::;.t::::;^^ thJauihoHty of::;f:::Er!z;r;"::;: ;::i^t vr ^^^^ ""'"^-" however, on the map. upon the authority of infZI^l^^d .rrdiEt""' '' relative thereto, the correctness and credibility of which TJr '^'"^'^•="1 «°"rces My personal explorations on ,he south balt^^^^^^^^ farther than the entrance of the firstTibutarv.i r ' '""'""P"' '^''''^ ^■''"' "« water on this branch called k rTnd tL '"Tr "« "'""S'^ "'^ ''^'y "^ .. orderto^n the head of ^^^^^^^^'^ :::!::;: ^^^^i::;^^^^^ ve by the Map, and also the extent and course of said Learn! ' '' °'"'- ...e -:::::f;:;:;::t::;"r r:;^^-^^ -ma,- route of ».!«„, I,owo»er,oftheri,,„clivc river. „.Z '*'"*""'"""'""»■»"""■*.. Ti.c II i 422 '^^'"sf'- f""^- 7^" '''"'^ '^ '^'^ commencement of the portage is extremely low and swampy, hardly above the surface of the adjacent stream. The face of the earth in this vicinity Sr^ofr^r ""*'. '^'" ""°^' ^^'hich the port.'.gc leads, is covered with a very thick soft coat of mo,s 5rr,„cr:;'r ;l;:: ^'"'^^ °" ''^'"S pressed l.y the foot, inmiediately admits it into the water which everv T,o..y^o„e,„. where lies concealed benea.h. The trees are of a very inferior growth and thinly S:•r?.Jr"^l^" '"'"'"''''' °'''' """ '"""' "'" ^'"^ '""''' K'^''^ P" "« °^ ^'"<=»' "« q"it«' bare. The land; "'Tolul^ Kii '" °'^^'*"'""S '""•"'I'' "»« Penobscot on the portage, is of the above description for the «»Ni''ii'- «•"■ '''^^^"c^ °f ont' mile and seventeen chains; at the termination of this distance a slight alteration is perceptible in the trees and soil. The former arc a little more numerou. and luxuriant, the latter is more firm and dry. This alteration, ascribabie to a slight elevation, the surface of the land which can be discovered only in traversing it, fot nothing discovering even the appellation of a hillock is perceptible when the land is viewed at a sliort distance; and in fact the alteration already described in the wood and soil, conduces more to the discovery of the elevation r even in crossing the portage than the magnitude of the elevation itself. The land continues dry and firm about thirty-seven chains, and then resumes the marshy aspect it wore at the commencement of the portage as heretofore described, and holds the same to its termination at the small lake, or morass rather, represented as the principal source of the Penobscot: for a more particular description of which I must beg leave to refer you to my report of observa- tions, made in that country last season. The only Highlands observable in this region are those represented on the map, and these are not remarkable either for elevation or extent." im iUi "Dr. Tiarksthen directed me to acton the part of His Britan- (p) .... C. Loss, British ■ . . • - ,-«. ^ .#• • no jji lun,. fwh "i pnl'gc n'e Majesty, in conformity to the order of the Board, in the exploring survey of the H^rwyl sources of the St. John, with Mr. Himter, who had been appointed Surveyor on the "• ^' part of the United States. " * * • • * •• • •• "The next stream which we fixed upon ascending, was the one we had passed from the north on the 18th; arrived at the fork on the evening of the 27th. The next day commenced ascending; having ascended about five miles, ridges of Highlands were visible from a tree in a north-west«riy direction; there were also ridges perceptible in an easteriy direction, which are probably situated at the heads of some of the tributary streams of the St. John. Having ascended about two miles further, the stream divided, each branch being about two chains in width; con- tinued to ascend the one coming from the left, which appeared to contain the mo.st water; on the 30th having ascended the stream 25 miles from its junction with the one we at first ascended, it again divided, each branch being about a chain in width; we here again followed the one coming trom the left a short distance and encamped, sending on two men to see where this stream terminated; at our place of encampment from top of a tall tree many highlands were observable in a northerly direction. On the following day the men returned, reporting that they had traced the stream to its spring, which was near a considerable mountain." «<0n the following day crossed the lake to its inlet, the course along the southern shore being South 33° East, its length three miles and twenty chains, and one mile and six- ty chains in width. The country is very level in the vicinity of the lake. No high- lands were observed near it, though some were visible at a great distance, in a South- casteHy direction, which are probably situated at the head of IJlack River, a branch of Penobscot; and also some in a southerly direction, very likely situated on the other hide of Penobscot River. The lake has two small streams entering it fmm the north, near the outh-t; the shorc:s are low and rocky withou' any hard wood tinilwr. We had not proceeded far up the inlet before it divided; we followed the stream cominm 4t23 from the right, which leads to the head of Penobscot River. This stream is very shoal and narrow; at the distance of four miles from the lake we entered a swamp, in passing through which a small ridge was perceptible on the left, which we agreed up- on is situated between this stream and the one we had passed soon after leaving the lake. The country in every direction, soon after leaving the swamp, is extremely low, and in many |)lace8 marshy. The stream, which has a very crooked course, be- came so shoal at last, that the men were for the greater purt of the time obliged to haul the canoes over dry ground. The courses of tha small stream, after leaving the swamp, arc south forty-five degrees west, thrcc-foarths of a mile, due west one mile, and north forty-five degrees west, three-fourths of a mile, making together a distance of two and a half miles from the s^vamp to the portage leading from the head of the St John to the head of Penobscot River. The stream runs through a low marshy country, and is so much overgrown with Alder bushes as to make its navigation very difficult, even in the time of a freshet. The growth at a distance on the sides of the stream is principally Tamerac and Spruce. Having arrived at the portage, we cross- ed it, finding its course S. 85° W. and distance across, two miles, by the chain. We found the portage for the first mile and seventeen chains, very little above the surface of the stream, covered with a thick coat of moss, the growth Tamerac and Spruce, very inferior in size; at the end of this ground the earth has a very small elevation, hardly perceptible, and may only be known by the ground being more firm and des- titute of the coat of moss; the growth is Spruce; a few scattered Birches also are seen; this continues for the distance of thirty-seven chains, when it resumes its former ap- pearance of low swampy ground, thinly covered with Tameracs, which continues to the pond at the head of Penobscot river." . . " On the 4th of August we arrived at Abalaja- komegus, a small stream rising near Mount Kathadin. Mr. Odell wished to ascend that mountain. I accompanied him, and viewed the country for an immense extent around. I have calculated its height from a series of barometrica. observations, which I owe to the politeness of Mr. Odell. Its height is stated in the report, in order that no doubt may arise with respect to the extent of country seen from its summit Height in feet above Abalajakomegus Stream, ..... 4535 Height of Abalajakomegus above Passadumkeag river, .... 500 Supposed height of Passadumkeag above tide water, .... j^q Height above tide water, -- ^33;. ^ "On the 9th of August we proceeded from Abalajakomegus Stream to the foot of Katahdm, over rising ground, some parts of which overlooked the ■^ . coun. try for many miles. The distance passed over was about seven 11 <' On the nth we ascended Katahdin. The weather was ratht probably had an effect on the appearance of the mountains, lakes, of the country, however, could be determined with accuracy. I ba/,uck.scu8 and Mud I.akcs. The former connected with the Ci latter with the Aqihrnoogeenc Lake. The ground around the Api generally low. In thai section of the country I could see no mount. . ....„,.. .,,,„ there any hills of uncommon heights, nor any elevated ground wliich might be termed a ndge or Spur of Highland. In the direction of Mars Hill were several mountains and clumps of nio'intains, some rising singly to a considerable height, and at diflerent disUnces from each oiher. Then again a ridge of rising land frequently appeared, with occasionally a considerable elevation; and such swells or ridges appeared .0 run N. and S. N. W. and between N. and W. .t diflerent degrees. The country api.car. ed to be intersected with almost i.mumerable ramifications of the principal rivers aeparaling the mountains in evny quarter, such indeed was the lace of Uie counU'v juncuon of Indian Stream with Connecticut River, the latter is very wide: we mea^un'd t^ppendix. No. 56. Kitruu frnm ih* HeporunrihcSur- veyora under tlis Alh Arllcte of lh« I'reuy of Ghent. (pT C. Lom, Brlllnh Surveyor. Weet nrarirh k. Ponajif) ofSnuth Branch of Pi. John. Surveva No. SO. (r) N. H. Lorin«.U.S. Surveyor. Mount Kathadin and I) ni- baaucksus Portage, 8irv,.ys No«. 1* tod 17. izy. The haze The character id see the Urn- cook, and the ne Lake was neither were ij Hi 424 ». . ■ ^- ""=•* "'^"^ "o mountains but many lakes Moimf.in. l.;r.Vr«- '='"«ter around K.Uhdin on the other *ide,, n,ostly N. W. 'vSmMinZTZ :TL7uc"rt!l;:"ot connected with any ridge of mountain,!" IheKaUhd.n clump ,. I rniy ur Olinii. • • « _ -^ ?-.rM:',i ^- "'"' ";. 7«" ""■'^^ '"-"Kht us to the main Marj,.naw»y : at this place about four &.cS';.-^:,7''^' K ^^T"'"' •"•' '^'-y ^""•''"' «"'^'"S ^""'h ' »t the end ^ about twenty B.... ... ... m les took R 80° W. course to avoid a swamp, on the left, and at five miles came o the head of Arnold R.ver along the line, our estimated distance is twenty-nine milt-, The country mountainous, with .wells of hard wood land; no regular ric ^ can be traced to any distance except along the rivers running north and s^lth." . . . . " Having, after a few days rest at Stewartstown, procured a fresh suD- Co'n LZ;r'' "" "™' '" ''"'""" ^"^ •""•* ^°"-'-«'^'«' »tLms cmpty'g Z Streams. Mr. Paitr dge and myself having agreed to uke the minutes of a survey taken by Col. Eames, of Indian Stream, we made the best of our way to the source of the west ranch, and from it spotted a line due west by compass, lu^wTanTaHtlf ndes long, wh.ch brought us to within a few rods below the source of Hall's Stream .rom ,vhence we returned to the settlements. Indian and Hall's Stream a^h e as tos.ze and general courses; ridgesofla„d:divid^ V 1 '„ TZ ' "°^f-'>P-' ^he sources and along the branchesofL St M , T """"""■' "•" '"'''"'' "f '^^ '^t- *'••«"'•'« a'-e generally to be found .. few rods from those of the principl branches of Indian and Hall's St^ L in he ame swampy g..und, without any perceptible rise between th mLn Tali g off m St uoITk '" "'^r '^ ''"^'°"'- ""^^ •"'''" »'-"«»' «f I»'^i n Stream s'tS; most northerly by neariy two mile.,, if the information I have received be correct" (r) J. r,.,TI«rks, Dri Hull Purveyor. Sourccinr't'nnncc- licut Biver. .Sut- br«.hh nf ,u . ^T ^ '"°"'*' °^ "*"'' S^'"'^'"" °" the 12th, and found the breadth of the stream at that place 70 feet It is wid to «well rapidly ^fter a rain and l.k w.se to subs.de .n a short time. The name of this river is derived from a hunter of tl e name of Enoch Hall, and it has been generally known at least ever Ice 7so by h s name. A gentleman has lately informed me that he heard the name in 1 772 'Iwo m.lesand fifteen chain, from the mouth of Hall's Stream, we reached tl^ old boundary Ime, marked by a post close to the river with the follo;i„g irriptt n the northern s.de, "H Garden. J. Collins. Quebec." on the eastern one, '« Sc.' Th net . "" I t"?""" ""'' " ^'"^ ^''^'''" •» "^^ '^^' '--"» legible The fLnd h .7 "' ;' ''' """•' °' '"''''" ^"^^'"- "^"^ '^-«d"> of 'his river wo found by the mean of two measurements, in different places near the mouth, 66 feet It is however, deeper than Hall's Stream; and its current being likewise stronger, it arges more water than the latter stream. The river into thich Indian sUm dscharges.tse comes from the eastward, and is commonly called Connecticut River, streZtir '""•",^"""^"-' «'^-' to ^-'ingui«" it from the other smaller known nil." h"'"? Tf ""' '"' '"^'' "'""-' ""'' "ave all particular well- known names Here, S.r, I beg distinctly to state, in answer to the question which the mhabaants by the name of Eastern Branch of Connecticut River, that I have been assured by al per-ons that I had an opportunity of consulting, that this is not the case; and that that nver .s never distinguished by any name but those stated above. I refer part.culariy to Jercnuah Eames, Esq. of SU^wart's Town. Capt Eames, of North- -unber and, and Mr. John Hughes, of Colebrook, who have known that river and hunted on it more than thirty years ago, and always live.l in the vicinity. \t the 4^ it» breadtli, therefore, liighcr up, where wcoouceivwl.it to have nearly its avuajjjC „'lp^tndijc. hreadtli, and found it, l)y the mean of two mcanurements in different, places,, rather ^*°' ^* ' more than 100 feet. We then measured,. in tiie same placoii wlioro we Iwd measurwl v.\\rK\r fnim hji- the breadth of the two rivers, tlio velocity of U>e current in tliem,. hy ohaurvinK Uu;vry*?t* nu't iii: . , .. n 1 II 1 ,• , ■ rn 1 . Sill Mlli;!* -f Ih* time in which a piece of wood would float doivn the lungth ol two. chains, lakmg vrenynf ahem. the mean of several results, we found that the current of IndianStream ran at the rate W of about li and that of Connecticut River at the rate of almost 2i miles in an hour. ^|;,eMtfili«7- Not beingable to obtain a Rood canoe, we could not measure the dejith, l)ut were con- 'vMiNo'ii vinccd that Connecticut River is at least as deep as Indian Stream. It follows from this that Connecticut River has more than double the quantity of water that Indian Stream has, and is fully entitled to be called, which indeed is allowed on all hands, the Main Stream of Connecticut River." " Having followed the river about five miles from the lake, we struck another small lake^ a little more than a mile in its greatest dimension, from which the main branch discharges itself in a southerly direction. This lake is formed by the confluence of .small brooks running in various directions, and is therefore the beginning of a river which successively uniting with considerably smaller waters forms Connecticut River. A severe snow storm now interrupted again the progress of our work for several days, and when we were at last able to proceed to an exai.iination of the surrounding country, the snow was so deep, especially on the mountains, that we had the greatest difficulty in getting along. The north-western and northern brooks falling into, the lake were then properly surveyed, and we ascended the highlands from which they flow, which, being elevated over the surround' ng country, would have afforded a perfect view of the whole country, had it noi been for the trees being so thickly covered with snow that only in a few places a distant view could be ob- tained. Towards the north-west we found the land to descend; we could distinctly observe some distant settlements in Canada, but were not able to proceed far in this direction. On the eastern side Mr. Carlile followed a brook running to the north- east, which he followed for some distance. Towards the \vcst, it struck a brook run- ning nearly west, but was then prevented from determining which water it belongs to, although it was evident, from the smallness of the various brooks which we struck immediately descending from the heights and falling off of the land towards the north- west, that I was on the highlands dividing the waters of the south from those of the north, still I lamented exceedingly that the depth of snow, which threatened to in- crease every day, and the reduced state of our provisions, obliged us to leave this place without being certain of having seen any water falling into the St. Lawrence. We returned to the head of the North-western Brook running into the Lake, which is the north-westernmost head of the river which we had traced up, and marked that spot by blazing a number of trees around it, with a view of forming a more correct idea of the relative situation of Indian Stream and the sources of the main Connecticut. We now proceeded on our way home on a West course by compass from the nortli- wcstcrnmost head above mentioned. In following this course, we found tliat the brook running westward, which I had struck before, is water belonging either to Perry's or Indian Stream. W- likewise struck the rapid branch of Indian Stream near its source, and at last Indian Stream, a little above the upper forks. From tliis place we proceeded by the nearest route to the Canada Road, and returned to Stewarts- town on the 14th November." ;■ ij <*Oneof the men. who accompanied me has since visited the highlands on Connecticut River, and carefully traced the waters in that vicinity. He has informed me that the Brook running eastward, which Mr. Carlile followed, is 107' |'".cu „„„ ,h. on which Mr « ^ ""*' " '"■o"''' which is said ,„ |,„ ,u ^ ^""'"'"^ -_ * rom a plan g.ven me by this nerson .hi k ' ""'"8 '"^" "'<= »'• Lawrence ,'• h: •^^«'*'.B„. ing this report. " "'"person, this brook is laid down on U,o m,„ [•jh^survi-yor _-_ *^ " "" "'c map Bccouipany- il«h Surveyor! . netllcui HIv.r.l \ N- ,. APPENDIX, No. LVII. LETTER riox ALBERT GALLATIN, ESQ. TO THE SECRETARY OF STATE OP THE UNITED STATES, ^e result of ,ho Cong Js at vLTl: It^::: ::::!?" '''-'• °'' '"'"''°'- all the European Powers were precisely known '"f°™at.on. The view,s of "try. Fron, neither of the. dJw 'a'; " IT '•''^ '° '^.^ ^° "'^- «'''-'» M'"- tcnfons, of .he general prospect of Euro^or of the 7' "^. '"'''""'°" °*' ">^''- '"- w.th Great Britain. I have'o.e reaso To' el eve h:; :":f ^^ '"' '" °"^ <=-'-' ^t m.ght continue. They di 1 not intend to as t u .h " '"''' '^'''''°''' "'"' o.r difficulties; but they rejoiced at any thinT vhici ^''''^''P''^^"-'^'' '"'"T^'ren. aI,out weaken our enemy. The .n nner in wl ,Vh the e 1 ' "I' """'''"' ''"''"'"''"^ afforded by its events of our ability t "1^ alone'th'" '""''""''''' "" '^^•'^'-- power of England, and our havingLen'ab !'Zutll7 """^ '°''""'''""'' ""'"-^ sl.e had n,ade such an efTort. to obtain peac ^c^ , 1 7 '"'^'S'.'.^"'""''' ""'^ ''^'-• and consequence in Europe. This, joined with .h^^V T™'' *"" ""'' ""'• •^'^''^'^'er wo alone can fight the English on tC eleven vmLl:'^'"r,' '"'' '"^ ''^"'^^ "-' as we have been neglected by foreign GoZTn' tZ" ^ 'T"' '' "^"''' pub he op.nion was already most decidedly i„ ou? Lor I /""'''' °' ^""P'^' w.th Spa.n on our own terms, and the imniedia.o nh I '"'P"'" " st^Hlement mit me to suggest the proprie y of d spatchi^ "' ''''T^'T' °' ''"^ '^'S"'""- i''^- losing a single moment ^ ^'^Fteh.ng a squadron for that purpose, without r-j::h;::^;:tt:°:r^ respect to precedents, you will fi^d ^l^^Z:^^: '^^:Z :;;'''':;' ''"''''■ ""'' the article of (he Treaty of Ulrcch andlhni fr ^ ''" '" P"'"*. vix: Treaty with Spain. Yo. know th I ' 1, ." ^ "' "" ■^^^''^'''" "^ -'■ the negotiationsandacceptingthe^^L;;:^ :::^t^^^ Ir^" '''''''' ^'' and subject to your approba.iou or rejection ' ^ '' provisional, The exception of Moose Island from the general restontion „f . ■. point on which it is possible that we miL^it 1.^^ > "°""°" ""^ "^'"•■■tory, h the only hored to our oppositi n to it. The UK 'h C """' "^ '''''''''""' ''" "''^ ''-' - ' question of peace: a fworable al^In" m vr::";r^' ' '"7 ""*='"'"^" »" ''- Gulf of Mnvicn or anv- nfl, . • ' ^'"-' '"''P"''' "^^^O'^e '*"'^-^« i', tho - -.CO, or any other mcuicat, n.gi, produce a change in their di;position; ^ 11 r ! ^ -^ 428 :it 1 1 f^pptndix. they had already, oAer tlic question had been referred to tlicin, declared tiiul tlicy could not conitent to a relinquishment of that point. Wo thought it two hazardous to irfrtiir rviiin Mr. risk the peace on the question of tiio temporary posaettsion of that rmull island, since Oiilliiin.iUihDM. . . , . , ... , , . , o uu, the question of title waa fully reserved, and it was therefore no ceasion of territory. Or the subject of the Fisheries within the jurisdiction of Great Britain, wc hnvo certainly done all that could he done. If, according to the construction of the Treaty of 1783, which we assumed, Iho right was not abrogated by the war, it remains entire, since wc most explicitly refused (o renounce it either directly or indirectly. In that ca.se it h only an unsettled subject of diflerenco between the two countries. If the right must bo considered as abrogated by the war, we cannot regain it witnout an equivalent. We had none to give, but the recognition of their right to navigate the Mississippi, and wo offered it. On this last supposition, this right is niso lost to them, and in a general point of viow, wehavfi certainly tost nothing, liut we have done all that was practicable in support of tke right to tho»e Fisheries: lat, by the ground wc assumed respecting the construction of the Treaty of 1783 — 2dly, by the offer to re- cognise the British right to the navigation of the Mississippi — 3dly, by refusing to ac- cept from Great Britain, both her implied renunciation to the right of that navigation, and the convenient boundary of 49° for the whole extent of our and her territories west of the L&ke of the Woods, rather than to make an implied renunciation on our part to the right of America to those particular Fisheries. I believe that Great Britain is very desirous of obtaining the Northern part of Maine, say from about 47^ North latitude to the northcrncxtrcmity of that District, as claimed by us. They hope that the river which empties into Bay des Chaleurs, in the Gulf of St. Lawrence, has its source so far west as to intervene between the head waters of the River St. John and those of the streams emptying into the river St. Lawrence: so that the line North (Vom the source of the river St. Croix, will first strike the heights of land which divide the waters emptying into the Atlantic Ocean, (River St. John's,) from those emptying into the Gul/of St. Lawrence, (River des Chaleurs,) and afterwards the heights of land which divide the waters emptying into the Gulfoi St. Lawrence, (River des Chaleurs) from those emptying into the River St. Lawrence; but that the said line never can, in the words of the Treaty strike an;; spot of land actually dividing the Waters emptying into the Atlantic Ocean from thrse which fall into the river St. Lawrence. Such will be the foundation of their dispr.ting our claim to the Northern part of that territory, but feeling that it is not very solid, I am apt to think that they will be disposed to offer the whole of Passamaquoddy Bay, and the disputed Fisheries, as an equivalent for the portion of Northern territory which they want in order to connect New Brunswick and Quebec. This may account for their tenacity with respect to the temporary possession of Moose Island, and for their refusing to accept the recognition of their right to the navigation of the Mississippi, provided they recognised ours to the Fisheries. That Northern territory is of no importance to us, and belongs to the United States, and not to Massachusetts, which has not the shadow of a claim to any land north of 45' to the eastward of the Penobscot River, as you may easily convince yourself of by re- curring to her charters. I have the honor to be, witli respect, Sir, your obedient servant, [Signed] ALBERT GALLATIN The Honorable The Secbetahy op State, Of the United States, Washington. APPENDIX, No. LVIIL JEXTRACTS moM THE BRITISH EVIDENCE. FIEF OF MADAWASKA. O&meeaait* V Nic Fi^ of Afftdawaska to the children qf the Siew de la Chenaye, Uik, Novefnlter, 168'); ami Concension to the said Sieur df la Chena^-e, and to the Sie^Mf de I'Mtray qf Lattti lying between their Jfwmer Concesidons, — 5/A Jipril, 1680. LMSioursLefebvreilc In Barre, Seigneur dud. lieu, Concr. du Roy en ses Conls. Gou- PJP^^IJ^' ' No. 5o, el Deinoullea, Seigneur de la Source, Chever. Coner. du Roy en ses Conla. Intendant J^'""'"' ''°"' "" iithRvldrnct.. Fief' oi MaduwukK. rerneur et son Lieutenant General rn toutes les tcrrcs de la Nouvelle France et Acadie; el Deinoullea, Seigneur de la Source, Chev de la Justice, Police, et Finances aud. pays «T . Original t'nncM- XNous suirantsiiiiitniiiechiMrtn le pouvoir \ nous conjointement donnt- par Sa Matt, avons auxd. Antoine Aubert et "u>f BritiUhET'i- Margcurite Angeliqucde la Chenaye donn(, accorde et conccd6, donnons, accordons et ' concedons par ces presentes lesds. trots lieues de terre le long de chaciin des deux hords de la Kivi?re Madoueska proche la Hiviire St. Jean, urer le lac apelli Ce- cemiscouata el deux lieues de profondeur ey dessus speciffiies, le tout en litre de Fief et Seigneurie, haute, moyenne ct basse justice avec le droit de chasse et de jiescho dans I'etcndue desd. lieux pour en jouir par lesd. Antoine Aubert et Margeurite An- gel ique de la Chenaye, k I'avenir leurs hoirs, successeurs et ayana cause h la charge de la/oy et hominafi;e gu^eux leur.id. hoirs el ayan.i cause seront lenus de porter au Chateau de Si. Louis de Quebec, duquel ils releveront aux droits et redevances ac- coutumues. ............ . Donne k Qiicl)er, ce vingt cinqc. jour de Novembre, gbjc. quatrc rinqt trois. Sign6, Lefebvrc de la Harre, Demeullc, et plus has, par Mesd. Seigneurs, Regnault. Dud. jour quinziime Fevrier,ghijc, vingt trois. En procedant i la confection du d. Pipr.de m Rivierc terrier est comparu en notre hotel, Joseph IlLONnEAir d. la franchise, /jro/;r/t7ff?VedoV«lIaI'''iirm°i DES FjEKS UE LA RiviEHE DU Loup ET DE Madoueska, appartcuanccs et di'pendanccs, ' "" " Icquel a avouu et declare tenir de Sa M.itc. les d. Fiefs, s^avoir: .... ^•#.». ........ ., et le d. Fief de Ma- doueska trois lieues de front de chaquc costi de la liirit're du rneme nam sur deux lieues dt. profondeur, ne pouvant dire I'etendue du d. Lac de Cecemiscouta avec les 108" lii' 430 ^^nJIh'^' !*'"!' " ''»"'"■«» ^taniau dorint dci d. Fiefi ot lea droit* de hmite, moyonnc, et bauo Z — ' jii»lice, et ceux dc chuwe, dc pcMchc ct trnittc, it In dmrge do U foy et liomiiiagc 4 I'^V,*!;.!;""' rll, '■'^"''''«' "' ?"•''<"' »" "")'» »" Chateau St. Louia de Qticbtc •rMxIawHlii. ..... ffi" li-ni RIvli-rt du Lniip el ilii Ml- •••••••••••.•.., KviiiMMt, S9.U. Qtte aur It J. Pief de Madouonka il y a un domuine, avr le quel il n't/ a pluii de balimenh ayanl M hruUa par lea Sauvoffe.i, quUlij a environ aixurpenade terrea deaerties, maia qu'il n'y a point d'habitaita itablis. AiUiiillrtllon nf «ikirinr> III I'll' rr« <'la»< i ..salj:. ^"^ "' DU Loup et du MADOUEaKA, appartenancea et dtpendancea Et le Fiep dk Madoueska, ii/r la Rivihedu mime nomyaitui provhe la Riviire St. Jean, i.taemhle le Lac Cfchniskoula y joi^nant. Le dit fief dc Madoueaka contenant troia lieuea de front de rhaque costfdc la ditte Riviere de inttne nom aur deux lieuea de profondeur, ne poumnt dire Vetendue du dit Lac CMmiakouta; avcc les isleta ct batturcaC-ittant au devant des dits fiefs ct lea droits de haute, moyenno et basse Justice, et ce dc chasse, dc pcsche, ct de traitte. ..... Et ti I' Instant le dit Sieur comparant a'eatant mis en devoir de vassal, Teste nue, sans (pie ny eaperona, et un genouil en terre, auroit dit h haute et intelligible voix, qu'il rendoit et port oil entre nas mains la foy et liummage,qu'ileat tetiu ren- dre et porter au Roy au Chateau St. Louis de Quebec, tl cause des dits Fiefa et Seigneuries de la Ritn^re du Loup ct de Madoucska, circonstances et dcpendances: ii la quelle foy et hommage nous I'avons refu et recevons par ces presentes, ii la charge de sa/isfaire aux droits dus au Roy Nous avons par ventilation tiramiable, cstim6 le prix particnlierdu dit Fief de Madouesknet dc|)endcnci'sde la soniinededeux milie trois cent seize livres treizc sols qualre denier.H, faisaiit le quart du dit prix to- 481 tal (le neuf milla deux ranti loixanto lix lirres treize loli qiiatre denien. Et en eon- Appendix-. Nu, )8, •equenoe le dit Sieur Coinpnrant payora au dit Doinaine du lioy le droit du quint du dit Fief do Madoucakaet deiwnitancei, ik raison aeuleineitt du dit prix, particulicr der.iinru rromRri- deux mille trois cent aeizo lirrea tret/o aula (|uatre denicn. . . ar Mxiawta*. V\jikr.vT pretentu Monsieur Jean Jinloine Nicholiu Dandanne DaMtvUle, Sieur „„U^|",'*^'J^^ de rKvandarcl, Lieutenant d'Artill6rie de Sa MajeaUi Tria Chrelienne,el Dame Marie b^m^^:,, «,''.«'' Anno Dup(;r£, aon cpousc Par ces pr^scntei, vendu, ced^>, quitt£>, transports et delaia^ d^s maintenant et il toujour*, avec promcaso do f^arantir de toua troubles, dcttcs, hy- pothequea, et autres efnpSirn™Ficf''"^'*'^"'^*' ^*y"'''«» Governor of the Province of Quebec, by bis Indenture of uf M.j«w».ita. Lease, under his hand and scat, bearing dale the IGth day of May, in the year of our n,":riI;V mI": ^°'"^' °"^ thousand seven hundred and sixty-six, made between tlie said James Mur- 'r„,l"i,l„^r;;; ^"y °f "'<= one prrt, and the said liichard Murray and Malcolm Fraser, Esquires, dcJiTc/No.'ai'.'^"'' of ">e other part, for the considerations therein mentioned, did lease, set, and to farm let, unto the said Richard Murray and Malcolm Frase.-, all that Seigniory or Manor of Murray's Manor, formerly called the Seigniory of the River du J^ntp, with its ap- purtenances, situate on the South side of the River St. Lawrence in the Province aforesaid, ^nd also all that fief qf Madowiska on Madowiska River, in the said Province, situate in the rear or back part of the said Seigniory or Manor, with its ap- purtenances; and also all that tract, piece or parcel of land, containing six thousand acres, in the Province aibresaid, called the Pinorie, on the South side of the River St. Lawrence, situate on the East side of the River dn Loup, adjoining on the Seignio- ry of the same, and thereon depending; and also all that tract, piece or parcel of land likewise depending on the said Seigniory or Manor, containing eighty-four acres, in the Province aforesaid j known by the name of Red Island, situate on the River St. Lawrence; and also four parts, the whole in five parts, to be divided of and in all quit rents by virtue of the said lease, to be reserved in any further grants or concessions, to- gcther with all the messuages, domain houses, cottages, barns, grist mills, and the profits thereof; houses, out-houses, stables, and all and other the premisses, and appurtenances. • • • Now this indenture witnesseth, that the said Riti.ard Mur- ray, for and in consideration of the sum of one hundred pounds, Halifax currency. ^i| ^«>th grant, bargain, sell, alien, assign, remise, release, and forever quit claim, unto the said Malcolm Fraser, all the estate, right, title, interest, term of years to come, claim, profits, property, or demand whatsoever which he the said Richard Murray, now hath, or which he, his executors, administrators, or assigns, at any time hereafter may or ought to have, of, in or to the said in part re- cited Indenture of Lease; and the land, tenements, and messuages, thereby demised, with the appurtenances, and every or any part or parcel thereof. Registered in the said Office, on Wednesday the third day of August, 1768, at five o'clock in the afternoon, in the English Register, Letter li, page 403. GEO. ALLSOPP, D. R. This Indenture, made the seventh day of ^pril, in the fourteenth year of the reign of our Sovereign Lord George the Third, by the grace of God, of Great liri- lain, France and Ireland, King, Defender of the Faith, &c. and in the year of our Lord, one thousand :ievcn hundred and seventy-four, between the Honorable /awes iVum/y, of the Parish of St. Mary-Ic-Uo.ine, in the county of Middlesex, Esq. Lieu- tenant General of His Majesty's Forces, of the one part, and Henry Caldwell of the parish of St. James, Westminster, in the said county of Middlesex, Empiire, of the other part, witnesseth, that the said James Murray, for and in consideration of the rent • ovenants and agrecmfflits, hereipnfior reserved, mentioned, expressed, an.l contained' hath dcmistd, granted and to farm Iet,«..d by these presents, dotli demise, grant, and to 4173 Sum ht unto the Aid Henry CaldwelJ»all that his the said James Murray's Seigniorie or Manor of Lau;jon; and all that the Seigniorie of Rimhe du Loup, and fief of Ma- dmoiska; and also the Seigniorie on Lake Champlain, purchased by the said James Slurray, of the heirs of M. Foucault; together, also, with the house in St. John- street, in the city of Quebec; bought by him of M. Dansville; and also the Man- sion House, and lands of Sans Bruit, and all that farm or fief, called Gourgcandi6re's 6rm, or Fief of St Foix, in the Seigniorie of Sillery, with their and every of their rights, members and appurtenances, and all and singular other the estates and pos- sessions of the said James Murray^, in the Province qf Quebec, in North America. iippendix. No. 58. Enracufrom Dri- llihEvidtnco. Fid' of MadawaikB. need of af sign.- meni bv K. Mur- ray to M FriKr, and iiidenturti iil' lease. BrIlisL I'.- vidence, Nu. 31. Province of Lowkr Canada, ? District of Quebec, 4'c. S George AUsopp, of the City of Quebec, Esquire, of lawful age, maketh oath and sayeth, that on the twenty-eighth day of June, which was in- the year of our Lord, one thousand seven hundred and seventy -five, he, this Deponent, wasacting Register at the City of Quebec, in and for the then Province of Quebec, that on the said twenty- eighth day of June, a certain Written instrument, purporting to be a lease of the pre- mises therein mentioned, from the Honorable James Murray, to Henry Caldwell Esquire, was received and recorded in the Register's Oflice, in the said City of Que- bec, in the English Register, Letter E, ige 504; the same having been first duly proved on oath by Daniel Sutherland, one of the subscribing witnesses to the execu- tion thereof; he, the said Deponent, then having legal right and authority to adminis- ter an oath in such behalf; and the Deponent further saith, that the written instrument or lease now exhibited to him, and hereunto annexed, marked B, is the same whereof mention is made above, and that the signature, Daniel Sutherland, subscribed to the probate and affidavit thereon endorsed, is of the proper hand-writing of him, the said Daniel Sutherhmd, and that the signatures Geo. Allsopp, A. Regr. also thereon endorsed, are of the proper hand-writing of him, this Deponent, and further saith not. GEO. ALLSOPP. Phovince of Lower Canada, ? District of Quebec, ^•c. J September 7, A. D. one thousand eight hundred and four. The above named George Allsopp, of the City of Quebec, personally appearing, and after being carefully examined and duly cautioned, made solemn oath that the forego- ing deposition, by him subscribed, contained the truth, and nothing h-it the truth. Before J. ELMSLEY, Chief Justice qf Lower Canada. The above deposition, taken at the request of Henry Caldwell, Esquire, to be used in the causes to be heard and tried before the Honorable the Circuit Court of the Unit- ed SUtes, next to be holdenat Rutland, within and for the District of Vc mont, on the third day of October next ensuing, in^ which causes Henry Caldwell, E-quire, is Plain- tiff, and Joseph Sewell, Esquire, Junior, David Logan, and John P. Storms, are De- fendants; the Deponent, living more than one hundred miles from the place of trial, and the adverse Partie-* living more than one hundred miles from the place of caption^ were not notified nor present. Certified by J, ELMSLEY, Chief Justice. 109* : I 4S4 "^.''it' ^<^'^<^from Henry Caldwell to Malcolm Fraser, 24th September, 1782; Ex.n^„„„ "This Indenture made the txoenty-fourth day of September, in the twenty-second r&"J,"^y«'"'>f thercign of our Sovereign Lord George the Third, by the Grace of God of rate ^7 {{ T ^' "' ^'■"""^ ""'^ ^'■^'''"''' ^'""g' Defender of the Faith, &c. in the year of our LSc,,i';"'4r"j T '^"'"""''■f'^" Hundred and eiffhty-twoMiv^^en the Honorable JKary •* Caldwell, Esquire, of the parish of St. Foix, in the Province of Quebec, of the one V^n,^nA Captain Malcolm Fraser, of His Majesty's eighty-fourth Regiment of Foo», of the other part, witnesseth: that the said Henry Caldwell for and in consideration of the rent, covenants and agreements, hereinafter reserved, hath demised, granted and to farm let, and by these presents, doth demise, grant and to farm let, unto the Said Mai- colm Fraser, all that Seionecrie or Makob of Riviehe Du Lorp, and Fiep of Ma- DOUASKA, together with Isle Rouge, and six thousand acres of land behind the said Se.gneur.e of Riviere du Loup, as described in a grant thereof, under the Great Seal of the «a>d Provmce, dated the sevent!. of May, seventeen hundred and sixty-six, in fa- vor of R.chard Murray and Malcolm Fraser, Esquires, with all their and every of their rights, members and appurtenances. » . . , . I do hereby certify that this and the foregoing six half sheets of paper contain I true copy of an Entry, as on record ,n the Register's Office of the Records at Quebec, jn the English Register, Letter E, page 737. Phovincial Secbetahv's Office, > (iuebecy ist/t November, 182S. i D. DALY^ Sec. and Beg. Conarmatioii of •»» tj D jj (Signed) q, p_ Sec. and Reg. .at Quebec, this twentyseventh day of December, in the year of our Lord, one i^u^and seven huM and eighty-six, personally appeared before me, Charles Stewart, Notary Public, for the City and Province of Quebec, duly admitted, re- siding ,n Quebec; the Honorable Henry Caldwell, Esquire, of the parish of St Foix, in the ^id Province of Quebec, and Captain Malcolm Fraser, late of His Majesty's ^ghty-fourth Regiment of Foot, who declared and acknowledged l>cfore me, the said Notary, hereunto subscribing, and the witnesses also subscribing, that a certain writing or indenture, bearing date the twvxty-fourth day of September, in the year of our them 21 xT ^t^",!*""*^'-^^ -d ^ighty-two. duly executed by and between them, the said Honorable Henry Caldwell and Captain Malcolm Fraser, purporting and premises of Riviere du Loup and Fief of Madoua«ka, together with Isle Rouge and SIX thousajid acres of land behind the said Scigneurie of Riviere de Loup, as th^ same IS described m a grant thereof, under the Great Seal of the said Province of Quebec bearing date the seventh day of May, one U.ousand seven hundred and sixty- S.X in favor o Richard Murray and Malcolm Fraser, Esquires, or as by the sai.l Deed « Indenture, eased to him the said CapUin Malcolm Fraser, by him the said Ilonura- Ule lieniy Caidwcil, Lscjuire, for a certain number of years; 495 ' .,**''*' . 'Appendix. Ido hereby certify that Ihis and the forceoinif two Wf* ., : r' ' ' ^'""^• true copy of an entry, a. on record in the 2 tloffice of ^ « T^' ""'^•" " !?'.•?=«- *n the English Register, Letter E, foUo 812 ' ^'''"^' "' Q"«''««' "rnfir-ir'" PHoviNciAt Secretart's Office. «Me6ec, 15M November, 1888. f [Signed] D- DALY, Sec. and Seg. Confirmation of I.«M from H. Caldwell, 4tc BrlUg E,ld«nc., Province of Lower Canada. dre?al';twrlrthe aternlt"betet Tjlrl '^''1'^'' ^'"'"^"'' -'^"^^ »'- .•?%— Public, duly admitted and swor . for tie Provi„ JT^ ^"""^ ''^"--' ^-^rics K=^„ '" the City of Quebec, in the said P^^L JlZrL'^T ''"''''•' ''"'' "^''^'"S in^-""--- cd and was present, the Honorable jlnZ wv ''"' P^"°"«"y came, appear- the Court of King4 Banch,7o7te SL^; rL"' °' "'« ^^J-ty's Just!les of and lawful Attorn'eyof andVor st ^ Pu tel"^^^^^^ ^T'^'^^' ^« '-« ton-street, in the County of Middlesex LihlT' r u ."" •'"""' ^"'""y) "^ «ru- Britain and Ireland, called England B^rn^Hr \ n "'^^ '''"«'°'" "^ «-t i" the said County of MiddLex E^it' " d ^'h ^"^^^^^^^^^ Beauport, in the County of Sussex i„ th.^^:. f .^ ,t '■"^'' "^""^ ^^""''^y' of tain and Ireland, called Lgland widow of r/ kV "f ' ^'"«''°'" °'" «••-* Bri- portafore.sau.,aGeneralin'hisM;et^^^^^^^^^ only acting Trustees and Executors nl. i T' ""''' deceased; the three \ ' ' I the said Jerkin Williams, in^'tle n^^td o'n" t' 'T"?: u"' "^^' ^"''^ '^°^'-' ^T James Pultcney. Humphry DoZd;::,' and trnt ^ "' ''"' ''' ''' ^'"^ aforesaid agreement, and for and in consideration „fT *^"'7''" P^-'suance of the dred and eighty pounds sterling Inevafo' !/!?"'" "' ^""^ '''°"^''"'' ""'^ ^un- -id Sir James Pultcney. Humphry dr'yA*^ t' "'^"'"^ ^^^''^^■''"' ^^ ^^- before the execution of these Te«eL a." 1 ' '"^ ^""^ ^""-"y' "'^" «"d truly paid receipt hereunto annexed, sTgnedbr^r ZTu^'^'T'"'^ ''^^' ''^ » «^^- ^-pt .he twenty-second day of lullt the v r''7 '"'"*''^°"' ^'^'^ "^^-S ''ate hundred and one; theWwwt^:^^^^^^^^ and on the part and behalf of the said Sir To^ p u ^'"'^'"«' f""- and m the name. Anne Murny, in the presence of " f 1.7^^;; ""[if "'^'^^ "•'"^''^-"' -'^ and credit of the sal-! receipt herebT- ■. f 1 ^ ' ^"^ '"*> ^°^^ "P°" the faifh and n.m every part a.d r^^^ft W ' Zi ''' "' ^''^^^"^ ^"'^ ^''-f™'" -d of and hereby doth whoHy. cTcar y InTal l^e r""" "' ''' "'' ''°*'"-'«^' '''^^ ry Caldwell, his he., t^cutors curttor a d aT"""'' ""' '''"''"''^' "'^ ^'^ «- •hem forever; and in considerat on of th^ 7'*./'^''""^«^»t°'-«. anJ each and every of ^t-ii". n^oney, well and trj; o be d v the "m U ''''' '""""" P""""^' ''^«^ -id Sir James Pulu,.aey. Humphry DoSdson' d a' 17 ''"''"'^"' '° ^'''^'" ^'''^ after covenanted and contained dicf in .h! ^ "' ^'"'"'"y' '" '"»""'''• herein- "V doth fully, clearly, ail: ilt^ ^W M ' "" "'' ^"'^'■"=^' ^^^ h- oveoandassureuntoU^saidHen^^L^:^:;:;:^;^^^^ 496 v^cnrfm mortgages, evictrons, rights, debta, cinims, and demands w}iatsoever, q1! UiatSeignio- ^1—' rie or Manor of Lauzon, and all that Seioniobie op Riviebe Uv Loup, and Fiep ShE.ld^.^rSf^'""'''''*''''' and also all that Seigrtiorid or Manor on Likke Champlain, purchased by of »i.u«v«k.. the said James Murray, deceased, of the heirs of Mr. Foncault; together, also, with Sr'ivu«'^'*Tft*'« ^°'"''' '" St. John's street, in the said City of Quebec, bought by him of M. Dans- H"c?.dw.T%ri'!^""«; '^'^ "I'so the mansion-house and lands of Sans Bruit; and also all that farm or .w.Eviao,„e,No.fief called Gorgendi^re's Farm, or Fief of St. Foi, in the Seigniory of Sillery, in the District of Quebec, with their and every of their rights, members, and appurtenances, and all and singular other the estates and possessions, late 0/ him the said James Murray, deceased, in the Province 0/ Quebec, {now Provinces of Upper and Lower Canada, in North America. ) y^"'l for the due execution of these presents, the said par- tics have respectively made elect ion of their domicile at the office of the said Felix Tetuy Notary, in the City of Quebec, in the said Province of Lower Canada, where, &c. notwithstanding, &c. promising, &c. obliging. &c. renouncing, &c. Thus done and passed at the aforesaid City of Quebec, in the house of the said Jenkin Williams, the day and year first above written, the p-ad parties having to these presents, (first read in the presence and hearing of tliem, the said Jenkin Williams and Henry Caldwell, and of us, the undersigned Notaries) set and subscribed their names and signatures, in the presence of us the said Felix Tctu and Roger Lelievre, Notaries as aforesaid, who have hereunto set and subscribed our names and signatures,' In faith and testimony of the premises. Thus sifrncd on the original. [Signed] J. WILLIAMS, Attorney, (as abovementioned. ) HENRY CALDWELL, R. LELIEVRE, Not. Pub. F. TETU, N. P. In testimonium veritatis, F. TETU N. P. His Excellency Sir James Kempt, Knight Grand Cross of the Most Honorable Military Order of the Bath, Lieutenant General and Commander of all His Majesty's Forces in the Provinces of Lower Canada and Upper Canada, &c. &c. &c. and administrator of the Government of the said Province of Lower Canada. 7b all whom these presents may concern: I do hereby certify (hat Felix Petu is a Public Notary for the Province of Lower Canada, duly commissioned end authorized as such; in consequence whereof full faith and enUre credit are and ought to bo given to his signature in such capacity, wherever the same may appear. Given under my iiand and the Great Seal of the Province of Lower Canada, here- unto affixed, at tlie Castle of Saint Louis, in the City of Quebec, the sixth day of No- vember, one thousand eight hundred and twenty-eight, and in the ninth year of His Majesty's reign. By his Excellency's command. [Seal annexed.] D. DA^Y, Secretary and Registrar. JAMES KEMPT. X\'lul''nl ^" *'^° *'''^''^'' '''*^ °[ "'^^"''er, in the year of our Lord, one thousand eight hundred H^nry Caldwell 10 , , .' Vii- ,., ' ^ " ""' > "■— •-v".»«"" ^-is'"' """"rCQ ■.and one, before us, Felix Tetu and Roger Lelievre, Notaries Public,/or the Province Alexander Fraaer fihilNli Eyideore, of Lower Canada, residing in the City of Quebec, in the said Province, personal- ly appeared and were present, Henry Caldwell, of Belmont, in the parish of Saint Foi, near the said City of Quebec, Esquire, of the one part, and Alexander Fraser, n t 437 one of llie partners of a company of Merchants, trading from Canada to the North-west JippentUx. of America, now residing in the said City of Quebec, of tJie other part, which said '^ ' parties, in the presence of us the said Notaries, did acknowledge and declare, as fol-Ei-ir«uj-ro».B.u lows: That is to say; the said Henry Caldwell, as having purchased and acquired the of M«uwuk.. estates which belonged to the late Oe«era/ /flme* Murray, some time Governor o/D.,d^o.8a.^u. Ms Uien Province of Quebec, now the Provinces of Upper and Lower Canada, . f^^'^-^^ bmuji. , doth, for and in consideration of the sum of one thousand seven hundred and sixty-six pounds, sterling money of Great Britain, equal to the sum of one thousand nine hundred and sixty-two pounds, four shillings, and five pence half-penny, currency of the said Province of Lower Canada, covenant and agree to and with the said Alexander Fraser, his lieirs and assigns, and every of them, that (as soon as in consequence of the said agree- ment between the said Henry Caldwell and the said Trustees and Executors of the said General James Murray, above named, the purchase of the said property in Cana- da, of the said late General James Murray, is completed by him, the said Henry Caldwell) he the said Henry Caldwell, his heirs and assigns, shall and will, , well and suJBciently grant, bargain, sell, release, convey, and assure to the use of the said Alexander Fraser, and his heirs and assigns forevijr, with such warranty and other fit and reasonable covenants, against the acts, deeds and incumbrances of tlie s»id Hpnry Cald^vell, Esquiye, and all per- sons claiming by, from or under him, as by the said Alexander Fraser, his hejrs and assigns, or his or their Counsel learned in the law, shall be reasonably devised, ad- vised, or required, all that SrioNioBy or Riviere Du Loup, and Fief of Madouas- KA, TOGETHER WITH Lake Temisquata,and thelands adjoining fhcrcto, with the Isle Rouge, and six thousand acres of land behind the said Seigniory of Riviere du Loup, as described in a grant thereof, under the Great Seal of the said Province of Queiiec, dated tiie seventh day of May, one thousand seven hundred and sixty-six, in favor of Richard Murray, Esquire, and the said Malcolm Fraser, Esquire, and made over by them to the said General James Murray, will more fully appear; together with all the Islands in the River St Lawrence, lying opposite to the said Seigniory of Riviere du Loup; as also i r il h I fr I (3) Ohebec, November 11, 1784. About eleven o'clock on Friday last, Charles Nishonoit, an Indian lad, about fif- teen years of age, of the Penobscot Tribe, was executed on the rode side, a little out of St. John's Suburbs, for the most barbarous and savage murder of Mr. Archibald McNeil and Dufour, his guide, in July last, wjiilc they were asleep, some dis- tance below Kamouraska, on their way to Halifax. V 'I i 440 Appendix. Proceedings in the Court of Common Pleas at Quebec f' commencing MM iiep- No. 59, tember, 1789; ending «0M Jamtary, 1791. RitrmcH from ihe {kiuli'i/''if°cr P**'^"'''" '"' "*" Canada, _ District qf Quebec. f rocacdlna In ih« Court nf ('ommnn Pleu of Quebf^r, Sept. 14, I7W. Br. Rv.No.'ff. Cour des Plaidoyers Communs — Term de Septembre. Lundi, 14 Septembre, \7B9. Present, ADAM MAHANE, PIERRE PANET, Ecuicrs. AnSELMB & MlCHAEI. ROBICHADZ V. Ad'OUSTIN DuBE & PlERRE DuPERE, de Madouaaka. Le Sheriff fait son retour du service de la sommation, M'tre Panel paroit pour les demandeurs et a fil6 trois Licences et une lettre cite6 dans sa d6claration, M'tre fug- net comparoit pour les d^fendeurs, la Cour ordonne, que la D6fcndeur prendra com- munication des pieces fil6s par la demandeur et fournira ses d6rensea sous trois jours. 17 Septembre, 1789. M'tre Cugnet, pour les d^fendeurs a fiI6 ses defenses, la Cour ordonne, que le de- mandeur en prendra communication et fournira ses repliques sous trois jours. 28 Septembre, 1789. M'tre Panet pour les demandeurs a fil6 ses repliques, la Cour ordonne, que le dC- fendeur en prendra communication. 30 Septembre, 1789. La Cour du consentement des parties a mis en d<-lib6r6. 4 Janvier, 1790. La Cour, tnprocidant au deliberi de cette cause, ay ant remarqui, que les di- fendeurs ont allegui dans leura icrit de d^enses, qu'il ne tont pas de la jurisdic- tion de cette Cour, mais domiciliers de la Province de Brunswick, auquel allegut let demandeurs n'ont pas repondu datts leura icrit de repliques, ordonni, que lea demandeurs diclareront etferont inacrire sur le regiatre da cette Cour s'ils ad- met tent Pallegud des df/endeurs ou non. 9 Janvier, 1 790. M'tre Panet, Avocat des demandeurs, a declari, en cot\forriii6 du jugement de cette Cour du qualre Janvier der. qu'ils soutiennent, que les dtfendeur.i ont (tt aasignis dans la Province de Quebec, et que I'assignation est suffisante de laquelle declaration cette Couradonni acte, et afixi b. Lundi pour entendre la cause. 11 Janvier, 1790. ^pris avoir entendu tea partie. -'« Cour ordonne qu^illea feront preuve respec- tive Vendredi prochain, ai Madouaaka et le Grand Sault sont dans la Province de Quebec ou non. 14 Janvier, 1790. Sur la motion de M'tre Panet la Cour ordonne, que les prcuvcj seront percmptoire- ment entendues et rejues Vendredi prochain. 18 Janvier, 1790. M'tre Panet a dit, qu'il n'a d'autre preuve A produire en eor^nrmili dn Juge- inent du onze de ce mois, que les licences des demandeurs filees, et la regie du 14 Septembre, pour fournir les defenses, M'tre Cugnet demnnde jusqu'au terme prochain pour /aire preuve, dc son alUgu6 en ses di'f ernes: la Cour parties ouies mets en dclibCre. t i i 441 32 Mars, 1790. £a Cour ayant consid6ri lex Plaidoyers dea parties, el aprh en avoir diUbirt, tst d'opinion que lea d^endenrs ne se sont pas cor\formia it I' article onzihne des rigles de cette Cour, ayant du lors dujour de retour des sommulions Jili leur excep- tions, soitperemptoirts, delatoires ou declinatoires, que le mivt< jour, auquel MUre Gugnet, leurs ^vocat Jildt sa comparation it fut ordonne, qu'il fourniroit ses defenses et non un icrit intituli mal & propos, d(fenses, qui cependant est une exception declinatoire, que les dffendeurs n'ayant aucunemenl prouv6 ainsi qu'il lui itoit permis, de lefaire par le jugemeni inter loculoire de cette Cour, que les assignations H eux donnfes ont m signifiees hors de la jurisdiction de cette dite Cour, ih :n sont/orclos d'apris ces considerations, la Cour deboute les di/endeurs de leurs exception declinatoire qu'ils ont qualijife de defenses avec depens occasion- nispar la dite exception, et ordonne qu'ils fourniront leurs d^ensea au merite de la cause sous trois jours. Appendix. No, 59. Ritiarta rrom th* Dr'tUb Kvldenci.. Iliiundtty at (;■■ nada. Pniccedlnn Inth* ('oiirl uf Lnllimoii Plrni of QURbt-r, Hep. 14, Vm. Ur Ev. Nu. M. Monday, 9th July, 1787. Present, His Excellency the Right Honorable GUY Lord Dorchester, Oovemor. The Honorable HENRY HOPE, Esq. Lieutenant Governor. WILLIAM SMITH, C. J. LE COMPTE DUPRE, HUGH FINLAY, EDWARD HARRISON^ GEORGE POWNALL, J- G. C. DE LERY,. HENRY CALDWELL, WILLIAM GRANT, P. R. DE ST. OURS, FRANCIS BABY, Esquires. His Lordship intimated the propriety of ascertaining the limits between this and the Province of New Brunswick, and that the Surveyor General of that ProTince would soon meet Mr. Holland for that purpose; and as it was absolutely requisite towards opening and sustaining the land communication between the two Provinces, that the lands on both sides of it should be settled, his Lordship proposed, and the Council concurred in authorizing Mr. Holland to give assurances to-all persons to set- tle there, and especially theJlccadians in that vicinity, of the favorable intention!*- of this Government to issue Grants in their favour for three hundred acres to the head of every family, out of the waste lands of the Crown in that quarter; and it \t- for that purpose recommended to them to explore the places fit for cultivation on both sides of the route, and apply, by petition, in the usual course, for grants to be made,, agreeable to the Royal instructions. Eilraci from llie MinulKoflhcEi- ecutlve Council of Quebec. July 1), I7M7. Br. Et. N*. 31. Copy of his Excellency Lord Dorchester's Instructions tu Mr. John Holland. « ' Quebec, 9th July, 1787. .cf'j;'i„£upg. « Sir;— You will be pleased to accompany Mr. Finlay to the Great Falls on Me |°„a IlBijhih e" River St. John, in order to assist in marking out the Boundary between the Provinces ""'»"' of Quebec and New Brunswick, where it crosses the road of communication between these two Provinces, in such a manner that the lands at the different carrying places, and throughout the whole of the said communication on both sides, may be granted by the respective Governments without delay. You will there meet the Surveyor- General of the Province of New Brunswick, or some other person or persons autho- rized by the Lieutenant Governor of the said Province, in concert with whom and Mr. Finlay you will proceed upon that business. iir \ i Provinces of Quebec, Nov. Scolia, and New Hrun.wirk, cKlracted from mv Com .....^. c... Boundary of .he United S.a.ea. taken from the Definitive Treat, for your ma i '• ""•'"'*' ^'"""i^- °f the good d.»poa,t,ona of (Jovernment in their favour, a, expreaaed in the enco. d M.nute of Council, .hich you wi„ communicate to L., iZ; p thereof wuhaome of th. people for their aatisfaetion. ^ Ji^Z^ *'"' ' ' ' ■'; ' ' '""•'' ^"'"' ""' ^° y"" "' ^''"^ '"""erent carrying place., a. moat nece..-.ry to be .Pttled for the eatabliahment of Poat-house. on the road of communu ,■ on^ -.. v. .ii more eapecially make the ohj>nt. of your attention, cxplain- 'ng to the people the advantagea of auch aituations. ^ " In general your own prudence will direct to the different objecta neceaaary to be attended to upon the whole of theae aervice«. in the courae of whilh you wiTll the advantage of con.ulting Nfr. Finlay 'a judgment and experience. Uu W.11 return to thia place ns , ,!,ey are accompli.hed, and report to me your proceedmga, w.th auch ob.ervationa a, may have occur„.d to you, tendTg to the advantage of the K.ng'a aervice; and more particularly to. ine/aeiUi^iing Icot '»unicaUon between the two Pnovinces. "ng ine com " I am, with regard, "True copy, [Signed] "DORCHESTER. [Signed] «' HENRY MOTZ." Letter by way of Report from Mr. John Holland: Mr. HM^ra; My Lord, Quebec, 26/A /«/y, 1787. '•I>"'«- Hrill.li ».vid..«,N„.« I have the honour to report, that pursuant to your ExcelK-ncv'. ord.r, „ a .natrucUona, dated the .0th of July. I on the day following left Qub 'and noc erf . .n company with Mr. Finlay to the Great Fulls on the LerTZn^fTf 16th of July, at the Acadian Settlement oppoaite Madew^kTt^t ctp.'ai So^o T the Surveyor-General of New Brunawick; he informed me, t ardnceS h^a r !' •ng for ua at the Great Falla to be totally unnecesaary, he ^as now nm ' 1 ' T way to the Height of Land on the carrying place, aitulte betwenYe^WSt uj' ,0 .^ On:., F.as L a, s,. .„:?; *;' *a tn, r„:: «..T:t ■""""" most, or main branch of the River St Croix H . ! ^'' wstern- be nxed at or near the Great F I hi u' "'"""■"'' """ "'"'"''^ "^ «°"'"'"^v .he directions laid t^r hfattruVtZl' '"" ^^ "'"" '""' ^°'"«'' ^ ^"-^^ '» " On Tuesday morning, the 17th, Captain Sproule having met Mr Pir,l.„ , into the St. Lawrence, are in the Province of Quebec. i -After ui.r.K ma.,y argumfnU to .hew him the impropncly and di»fl.lva„t.wcj, that wo., d aucnd the fixing a Houndary on the Portage, the v«,t tract of country which m.i.t, for many year«, remain unsettled, by its falling in their Province, their neareat .elllement hemg.at least, two hundred miles distant from the heights on the Portage- tht rfprjn.naj expressed by th. .Iccdiam {ntUltd near the Madawaska Fall.,) at the Idea ^ beinf; separated from thi. Province, to which they are attached by numberles., t,.,s.,„,| rca.,,.,.,; but mere especially, that the fixing that limit would ma- tenally affect the Houndary between us and the United Slate* of America- and that a .rge territory would thereby be «ive.l or lost to His Majesty's dominions, and thot the heiifht, of Imui run from the Bay of Chaieur to the River St. John and 4trike It (It, or near, the tinat Falls. " To atcerfain which, and more positively determine the situatiu. , and ex I'^rethef^aceofth, country, we requested Captain Sproule to return roith us to the Great l-alls, to --hich he objected, saying, that his return there eould a, .uer no end, as the opinion he had aln>ady formed of the situation of the Houndiirv L.ne from geographical knowledge, and ocular demonstration, was unalterable, and that he waj^bound to observe General Carlcton's instructions, which he produced, conceived ^'Ippendix. No. 39. Filrif w tVom lb* Hrlli.li r.vl.l.'nrr Hiiundiry ul c;aii- ttda. Mr. llnllnnd'allfi. i"Mi.-Biliiph Kv- Mrtli'ff, \r). ,'ly. I« V >' By His Excellency Thomas Carlcton, Ueutenant-G over nor and Commander- t>*-Chttfofthc Province of New Brunswick, S,-c. SfC. fyc. "To Gkoroe Sproijlk. Esq. Suroeyor-General. '' You are hereby directed to proceed to the Great Falls of the River St, John .n order to meet the Surveyor-General of the Province of Quebec at that place on tl 15th instant, for the purpose of settling the Houndary Line between the Province c^' Quebec and New Brun^viek, in the executioa whereof you will be governed by th tllrlT:y:iTfj ""= ^'"^'-"•^ o^Q-bec. which 'ueZines'ta Boundary .0 be .he high lands wh,d> divide those waters that empty themselves into the R.ver Si. Lawrence, from those which fall into the Atlantic Ocean I „'?"'" r'''' 7 '''"'i'' ^"«J,«=riclon. the seventh day of July. i« the year of our Lord, one thuusanil seven hundred and eighty-seven. / "« "ui ISigped] "THOMAS CARLETON." On the ISth, Captain Sproule and we separated: he, on his way to the Portage, we fo f^e Great falls, where we found the country extremely mountainous and John Rn.r back ,n the country, and my own obsercatio,., have no doubt 6U that f'^i;'"""""'" "'' "'^ '•«"«' '^^'^^ '^^'t^nd from the Bay <^fCkaleur to On consulting Mr. Finlay, and finding nothing further could be done tow«r,l. ascertaining the Boundary Line, therefore, u i.h his advice, returned to A.fl Z possible the further requisitions as stated in the instructions your Lords pv pleased to honour me with. <"»iiip uas I neglected no opportunity of encouraging and assuring those persons wishing to .cttle in that v.cn.ty, of .he favorable intentions of this Government to.a ,s ^.^ leaving several eop.es of the minutes of Council among them. with which the .C dtans, inparticlar, expressed an uncommon satisfaction. I informe.1 the people disposed to settle, of the spots Mr. Finla^ -oiuled out as most convenient and necessary to he set.lc.l for the establishment ot ,.ost.houses o. the road, taking the utmost care and attention to explain to then the .^dvantaZl .9/. Johns Burr as far as Madaa-aska, the lan.l bring thus L. good; 1,,/fpom ! !J I'.; la ■n H 'I 1 ft i ^ II 'I (I 'I 444 t/tpptnUix. thence to the River St, Lawrence, I fuuiid them much averse to lottle, owing tu the b«rrenneM of the land in general, ami Ihsir inability to support thomselvea for the Kiiruii (torn ihr firit yeari of their settlement: upon thu whole, I much fear that, withotit Mtme further unuudtryefc.i rncourjgemcnt than the grant ot land, the Portage bttwten the River St. Lawrence and TimUcoutn, will remain unsettled. I have the honour to be, with the utmost subiv.ission, my Lord, your Lordship's moat respectful, and most obedient humble servnnt, [Signed] JOHN FREUERICK HOLLAND. m Heport q/'the Commillee of Council appointed to coimder the Boundary between the Provinces of Quebec and New Brunmnck, and the means of encouraging the communication, and settle the Lands in that vicinity. To his ErreUency the Right Honourable Otiy Lord Dorchester, Captain'Oerural and Oovernor-in-Chief qf the Province qf Quebec,. Nova Scotia, and Neut- Brunswick, ifC, 4'C. SfC. The Committee of Council appointed to report as well %(pon the Question of the Htjiuri or Cuiji Milttra appnliiifd I'.'uniUrVi'MWMH Boundary between this Province and that of New Brunswick, as the most eligible UuelH'c ind New - •*! •* v.t ■ <•■■■. , iiriiniwirk — uri- means of cncouragmg the communication, and the settlement of the lands in that a. vicinity, have the honor to observe, that Mr. itolland s Report to your Excellency, has been duly considered by the Committee, who likewise paid thorough attention to the description of the Uoundaries of the Provinces of Quebec and New Brunswick, as extracted from yaur Excellency's Commissions as Captain -General and Governor-in- Chief, and on the whole they beg leave to remark, that if the Province of New Brutiswick may of right claim the sources of rivers that take their rise on the height of land which divides the rivers that empty themselves into the St. Imw- rence,from those which fall into the Atlantic Ocean, the ancient limits of this Government will be curtailed towards New Brunswick, and Seigniories under Canadian Grants, as far backas the years 162.3 and 1G83, be taken into that Pro- vince; besides, the ,/iceadians already settled above the Great Fall qf St. John's River, and su^h people as may chtise hereafter to settle there, would be greatly incommoded if those parts should be included in the Province of New Brunswick. Their commercial dealings will be with this country, for they must, from their situa- tion, be supplied with European and West India commodities from Quebec. The Committee most humbly submit to your Lordship, whether it would not be for the advantage of both Governments, that the Province of Quebec be separated from that of New Brunswick, by a line running along the highlands which extend from the head of Chaleurs Bay to the foot of the Great Fall of St. John's River, and from thence crossing the River, {so as to include the whole of the Portage or carrying place,) and continuing in a straight line towards the sources qfthe River Chaudiere, which rise on the high lands that commence at the said head of the Bay of Chaleurs, and extend all the way to the North-westernmost head of Con- necticut River. With regard to settling the new road to Lake Timiscouata, along that Lake, and so down the Madawuska, the Committee beg leave to represent that the soil in that lengthy tract is poor in general ; yet there is many parts through its whole extent fit for cultivation, though not of a quality to induce people to settle so far removed from assistance in their country labours, without good encourflgcmeiit. 445 From informition the Committee report, that iome Canadian acltlera may bo had Appendix. •n the Tollowing tvrma: To obUin a grant of two hundred acres of land, free from quit-rent, for twenty g;,'",-;'",;;™;/;* years, paying a aol dc cen.. Hp'.rpViT':', To have four Acres cleared, and • log-house buHt thereon, co' ting of two apartmenta, and to have an put-house of logs to serve as a stable and barn, with throe years' provisions for each .'nmily. The Committee have further o«en informed, that loyalists will set down on that tract, on the following conditions: That each family have a grant of land (800 acres) free from quit-rent, for ten years. Twenty-five pounds to be advanced, to stock the farm; the lands and improve- ments to be security that the money Hhall be repaid in ten years, but without interest. That each family bo conveyed to the land allotted to them without expense. To have two years' provision allowed them, and delivered at their settlements. The lands from the mouth of Maduwaaka, down to the Great Fall on St. John's River, are of a superior quality j it is therefore presumed that settlers would sit down in that part on less encouragement than is above demanded. By order of the Committee. [Signed] HUGH FINLAY, Chairman. Council Chamber, 19th October, 1787. I Extract from the Minutes of the Executive Council of the Province of Quebec, 4th August, 1792. Saturday, AthJiugust, 1792. Atth« Council Chamber in the Bishop's Palace. Present, His Excellency Major General CLARKE, Lieutenant Governor, And the Honorable WILLIAM SMITH, HUGH FINLAY, FRANCOIS BABY, Esquires. Read the Memorial of A. and M. Robichaud, dated the 8tli June, 1792. Read a Report of the Committee of Council, appointed to consider //ic /ioK/irfMr^ between the Provinces of Quebec and New Brunswick, and the means of encou- raging the communication and settlement qf the lands in that vicinity, dated ISth October, 1787. Read a Judgment of the Court of Common Pleas, dated 15th February, 1792. Read the Report of the Solicitor-General and Surveyor-General, dated Quebec, 29th July, 1792. Ordered, that these Papers be entered upon the Minutes, and it is humbly suggested by the Hoard, that it may be expedient to Irummit copies to the Lieu- tenant Governor of the Province of New Brunswick, for his co-operating in repre- sentations to cull the attention of His Majesty's Ministers to the adjustment of the limits necessary for preserving the public tranijuillity on the borders of both Provinces. 118' Kstinri rrnmtlic CitUhCllMiriiittMinl' Uiii'hec, Aug. 4, J7<*j. llr.Ev. No. > if APPENDIX, No. LX. EXTRACTS IROM THE BRITISH EVIDENCE. MADAWASKA SETTLEMENT. -Appendix. No. 60. Eitract from Mr, Bnrioll's llpimri. Ilr. Lv. .No. 34. Th,« settlement dc ives .ts name from the River Madawaska. wl.ich empties itsell .nto the R.vcr St. John, about 36 miles above the Grand Falls, and abou I'o ^^e „ above Fredencton. The f.rst settlers arrived soon after the Treaty of 1783 anrthe .r.st, wh.ch was .'of fifty-one several lots or plantations of Ia,fd " was ^ e o Joseph Mu..eroll and 5i other Frenn. settlers, in the month of to e 17 oj^ r oma.s Carleton, Esc,., t en Lieutenant Governor of the Provinca of N wSnt w,ck. The land granted lay at intervals between the River Verte and thn m! ! was a Rj^ers. nine miles distant from ea.h other, and on bolh Id o 1 R ver " John. The second grant was of o,253 acres of land, lying below the RivrV rte lu, sT i";;; '; rr ' ':r t' "'■"^' '^ ^^^-'^ '-^ «~ ^--^^^rs with n t'ho .;. "' " ""'^ «'■''"'' '^'' """^^ '^y the British Government APPENDIX, No. LXI. EXTRACT TnoM BRITISH AGENT'S REPLY BirOHE TBE COMMISSIONEUS UNDER THE 4T!I ARTICLE OF THE TREATV OF GHENT. "J^ From Jlppendix to the Proceedings of the C 'ommissioners under the 5th Article. § 75. The underwp.tten Afiont also Legs I.ave to lay before the Hoard, an ori- .^nnendi^ g.na Letter, dated Providence, .3d October, 1798, fro. Robert Liston, E , i e t ^"^ hat .me hus Majesty's M.nister Plenipotentiary to the United Suues, wlon. L Ma r.-r r 2"« A,e„t at that time thought it his du.y to consult, before he .^J^Z^^^^^^Bkr^ author.zed to assent to the saul proposal of the Agent of the United States at that t^ l^r'l^^T^: to recommend to the sa.d Commi.s.ioncrs under the Mh Article of the sai.l Treaty of 1 79.1 'Jli.-l'. ""'* '" to alter the.r decision, as aforesaid, respecting the source of the said River St Croix |vh.ch letter was addressed to, and duly received by, the said Agent of His Majesty' before the same Commissioners, and is in the words and (igures following, viz: ,,„ . , "PnOVlDlJNCE, ',';)(/ Oct. 1798. " Private. ''Sir: "I have considered with attention your letter of this day, and it ai.pears to me ev.rlent that the adoj.tion of the River Cheputnatecook, as a part of the Houndarv be- tween his Majesty's American Dominions and those of the United States, in .irefer- encc to a line drawn from the easternmost point of the Scodiac Lakes, would be attended w ill, consulerable advantage. It would give an addition of Territory to the Province of New Ilrunswick, together with a -.eater extent of navitration on St. John s Imcr; and above all, a larger stretch of natural frontier, calculated to prevent future diflicultieg an.l discussions between the two countries. If, therefore, bv assent- ing to the propasal of the AnuM-icau .Agent, you can bring about .' ,■ unanim'ous con- ourrence of the Commi..sion..rs in this measure. 1 am of opinion that V"u will pro- mote Ills Majesty's re.,1 interests and I ,vill lake the earliest opportunity, with a VKHvto your justification, .;f expressing these my sentiments on the ibject to his Majesty's Secrelaiy of Stiile. " I have the honor to !)c, witli great trutli and regard, "Sir, your most obedient humble servant, t^'K'-od] •>ROH. LISTO.V. "V^ARD ClIlP.MAN, Ivsq.'' If' a t. ^ix J S-'- H' Ml %. ■-k. |^^« •«|1 '%:, t' 1 *.«<»** "f4 p;-W fiw jr f 'tlt^l ii|«ff^i».c ■" r /. /_ :'.*9iifi^(»^i^'^iKiifk^m^ .t^- ■ ^>..«U>' 'i ''V. y^ V ■:• >\v 5 ^ ■■ 'V-^' ■^'5'» *v ■.. •w- ■-»,. • VirJt'W? '... - •, -i' ■;<>f<|ir*.*'4u.?p*«i».' ..' '■»**'* •^•N^lte*- pi^ .'• ii ?f \# ; f \ . U I \ A |. .• f : i i^,^.,^„j'' -f» " ' " -<* j^.. 1 S "^»ff M^J'-V ■>*. IMAGE EVALUATrON TEST TARGET (MT-S) « // /. 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