.Q^, "^'^^^^
IMAGE EVALUATION
TEST TARGET (MT-3)
<^.
1.0
I.I
1.25
hi
128 |2.5
iS i2.0
U III 1.6
Photographic
Sciences
Corporation
23 WEST MAIN STREET
WEBSTER, N.Y. 14580
(716) 872-4503
m
\
<^. ^\ ^?<\
«!F
1>
"<*.
o
M/a
H
CIHM/ICMH
Microfiche
Series.
CIHM/ICMH
Collection de
microfiches.
Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques
Technical and Bibliographic Notes/Notes techniques et bibliographiques
The Institute has attempted to obtain the best
original copy available for filming. Features of this
copy which may be bibliographicaily unique,
which may alter any of the images in the
reproduction, or which may significantly change
the usual method of filming, are checked b^low.
D
D
n
D
D
D
D
Coloured covers/
Couverture de couleur
I I Covers damaged/
Couverture endommagde
Covers restored and/or laminated/
Couverture restaurde et/ou pellicul^e
□ Cover title missing/
..e titre de couverture manque
Coloured maps/
Cartes gdographiques en couleur
□ Coloured ink (i.e. other than blue or black)/
Encre de couleur (i.e. autre que bleue ou noire)
I I Coloured plates and/or illustrations/
Planches et/ou illustrations en couleur
Bound with other material/
Reli6 avec d'autres documents
Tight binding may cause shadows or distortion
along interior margin/
La re Mure serr6e peut causer de I'ombre ou de la
distortion le long de la marge intdrieure
Blank leaves added during restoration may
appear within the text. Whenever possible, these
have been omitted from filming/
II se peut que certaines pages blanches ajout6es
lors d'une restauration apparaissent dans le texte,
mais, lorsque cela 6tait possible, ces pages n'ont
pas 6t6 film^es.
Additional comments:/
Commentaires suppl6mentaires:
L'Institut a microfilmd le meiMeur exemplaire
qu'il lui a 6t6 possible de se procurer. Les details
de cet exemplaire qui sont peut-dtre uniques du
point de vue bibliographique, qui peuvent modifier
une image reproduite, ou qui peuvent exiger une
modification dans la mdthode normale de filmage
sont indiquds ci-dessous.
□ Coloured pages/
n
>ages de couleur
□ Pages damaged/
Pages endommagdes
I I Pages restored and/or laminated/
Pages restaur6es et/ou pellicul^es
Pages discoloured, stained or foxei
Pages d6color6es, tachet6es ou piqudes
Pages detached/
Pages ddtachdes
Showthrough/
Transparence
Quality of prir
Quality indgale de I'impression
includes supplementary materii
Comprend du matdriel suppldmentaire
r~~| Pages discoloured, stained or foxed/
I I Pages detached/
r~~| Showthrough/
I I Quality of print varies/
I I includes supplementary material/
Only edition available/
Seule Edition disponible
Pages wholly or partially obscured by errata
slips, tissues, etc , have been refilmed to
ensure the best possible image/
Les pages totalement ou partiellement
obscurcies par un feuillet d'errata, une pelure,
etc., ont 6t6 filmdes d nouveau de fapon d
obtenir la meilleure image possible.
This item is filmed at the reduction ratio checked below/
Ce document est film6 au taux de reduction indiqud ci-dessous
10X 14X 18X 22X
26X
30X
w
12X
16X
20X
24X
28X
32X
>laire
IS details
ques du
It modifier
(iger une
le filmage
1/
u6es
The copy filmed here has been reproduced thanks
to the generosity of:
Library of the Public
Archiven of Canada
The images appearing here are the best quality
possible considering the condition and legibility
of the original copy and in keeping with the
filming contract specifications.
Original copies in printed paper covers are filmed
beginning with the front cover and ending on
the last page with a printed or illustrated impres-
sion, or the back cover when appropriate. All
other original copies are filmed beginning on the
first page with a printed or illustrated impres-
sion, and ending on the last page with a printed
or illustrated impression.
lire
The last recorded frame on each microfiche
shall contain the symbol — »> (meaning "CON-
TINUED"), or the symbol y (meaning "END"),
whichever applies.
Maps, plates, charts, etc.. may be filmed at
different reduction ratios. Those too large to be
entirely included in one exposure are filmed
beginning in the upper left hand corner, taft <o
right and top to bottom, as many frames as
required. The following diagrams illustrnte the
method:
L'exemplaire film6 fut reproduit grdce d la
g6n6rosit6 de:
La bibiiothdque des Archives
publiques du Canada
Les images suivantes ont 6t6 reproduites avec le
plus grand soln, compte tenu de la condition et
de la nettetd de l'exemplaire filmd, et en
conformity avec les conditions du contrat de
filmage.
Les exemplaires originaux dont la couverture en
papier est imprimie sont film6s en commenpant
par le premier plat et en terminant soit par la
dernidre page qui comporte une nmpreinte
d'impression ou d'iilustration, soit par le second
plat, selon le cas. Tous les autres exemplaires
originaux sont film^s en commenpant par la
premidre page qui comporte une empreinte
d'impression ou d'iilustration ct en terminant par
la dernidre page qui comporte une telle
empreinte.
Un des symboles suivants apparaitra sur la
dernidre image de cheque microfiche, selon le
cas: le symbole — »>signifie "A SUIVRE", le
symbole V signifie "FIN".
Les cartes. pEanches, tableaux, etc., peuvent dtre
film6s i des taux de reduction diff^rents.
Lorsque le document est trop grand pour dtre
reproduit en un seul cliche, il est film6 d partir
de Tangle sup6rieur gauche, de gauche d droite,
et de haut en bas, en prenant le nombre
d'images n6cessaire. Les diagrammes suivants
illustrent la mdthode.
)y errata
ed to
mt
ine pelure,
upon d
U
1
2
3
32X
1
2
3
4
5
6
♦, •
A FAIR
REPRESENTATION
OF
His Majefty's Right
>f
» TO
NOVA-SCOriA or AC AD IE.
Briefly ftated from the
MEMORIALS of the ENGLISH
* Commiflat ies ;
I WITH AM
Answer to the Objectioi^s
Contained
' In the FRENCH MEMORIALS,
AND
In a TREATISE, Entitled,
'DiJcuJ^on Sommaire fur les anciennes ^ ^
z jur les ancteiines y//-^ 7
Limit es de TAcajh e. J^ ^( /Yiis>
f^^ff*ek^
LONDON:
Printed by Edward Owen, in lVarwkk~L
MDCCLVl-
t
f
(\
\
m
i
♦ i
^i
A FAIR
R E PRESE NTAT I O N
O F
His Majesty's Right
T O
NoVA-ScOTIA or ACADIE, Mc.
I S Majefty's Right to what
is claimed as the Ancient Li-
mits of Nova-Scotia or Aca-
die^ is fo juft and indifputable^
and the Maintenance of it fo eff-ntial to
the Trade and Security of his other Co-
lonies, that this Nation cannot but be
alarmed to find the French calling that
R^ght in Queftion, and atternpting to re-
A 2 duc€
I
ii
I
I:
[4]
duce the Extent of the Britijh Domi-*
nions in thofe Parts, to imaginary Bound-
aries and arbitrary Limits ; however His
Majedy, Lo convince the World that he
forms no Pretenfions, but fuch as are
founded upon a lawful Acquifition, has
been pleafed to fubmit the Points in
Quellion to an amicable Negotiation, by
CommifTaries fcnt to Paris for that Pur-
pofe foon after the Treaty oi Aix-la-Cha-
pclky hoping by this Means to fettle the
fame rranquility in America, as had been
happily eftablilhed in Europe : But if all
Endeavours to io falutary an End (hould
prove fruitlels, and thefe Difputes be
brought to fuch Extremities, as to re-
quire a more difagreeable Method of De-
ciiion, itiil we have the Confolation of
appealing to the Reft of Mankind in Vin-
dication of our Claim, juftified as it is,
by the moft evident Proofs and convincing
Arguments. Hence it becomes neceftary
that the Publick fliould be acquainted
with the true State of His Majefty's Ti-
tle; and the more ^o^ finc^ the French
hav,c
I
I
I
Scptcnti*ioualc
W
cUice th<
nions in
aries am
Majefty,
forms r
founded
been pl<
Qucilior
Comi^iii:
pole fooi
pclle^ hi;
fame Tr
happily <
Endeavc
prove f
brought
i|uire ^ 1
cilion, .,
appealin
dicatiort
by the n
Argume
that th(
with th<
tie; anc
.^ 7c
Longitude OccidentrJe del
mm miiHiini '
? .
\ ;
.-- ^
•-•::' - "V ♦ ♦ * /^^*^ V J
Kcheile .
IHBHL
■V
^O
50
LAM
40
Longitude OccideiitaJe de 1' Obfervatoire de Paris
imim miiiil | Wil l m i .
Mr di
65
\
%
SeptentiaotiiaK
f
Explanation
jimnnnmriuiminni
LonjfitiiHp (Vcicicntftle Hu^
.and
LuruU£f]AKi\A SV otia , M qrtutU^ tvJir Will?* Alrxander,
Stfrtrtni cr io,i^ii . Sy JvU
CromwpJr.iy/twi/ jV' lv»'rour,Crown ,
ofij TcmiJilf , 'iujiu^r a . i6f, 0\
Tlu rcnmtr] ' tY^t<ir\'d/i tP France ) by t/w .^^ ^ . ..,
If-eal^ <y " B rcda , t/h -luJtV alL ijnuilt \i hy ***i<5J>~'
C TOitxviv\\,witJithe rvunitws/fvni Mjrle^Ah
to Caniieaii. j| ,, . ^ . ■
Longitude OccidenlaK" ^«_^^«*'
2yiu JMJap «• Oft axact Cojty-/rvm'i^'EtenxiK Ortainal
Septentiiouali
" liiiiimuJiiiuii»iHL^_;^ inni
ileruiidn lie hooiin's
\ ;
L'AMERiqtTE SEPTENTiaOXAl.E
^ Pout lervir al'Intellegence d aMemoire ^
an
S fC '4tf 50 40
gitudc Occidenl:iK' <^ 1' OWeixatoire de Paris
ffiir les pretentions djes Angl«iis au liijet
des Limite s a regler ^yec lal ranre dans
'"^fe^r^ cette Partie du 3lon.ie
J
lafflfflnramaa
.'^.^.^^
i
K di
nmn
hdsbdc
65
y.'U/fcnf^Aicu//tait .Jarulim.
4iioe
i^ioni
aries
forrr
foun
been
Con*
pofe
pelle
fam<
hapj
End
prov
broi
cifiG
ajjpf
feyt
Arg
that
il
Cs]
have publilllfed partial Reprefentations of
the Difpute between us, by printing their
Memorials without the Englip Reply 5
and, together with them, diltributing a
Treatife, entitled A Summary Difcuffton
of the Ancient Limits of Acadie, in order
to prejudice all the Courts of Europe m
Favour of their unjuflifiable Pretenfions.
To obviate therefore the wrong Irapref-
fions that thele might create, it has been
thought expedient to print at London, an
Edition of All the Memorials upon this
Point ; but thefe being very Voluminous,
it may be proper, for the Satisfadion of
fuch as have not Leifure to examine them,
briefly to recapitulate what has bean offer-
ed in Support of His Majefly's Claim,
collected from the Englijh Memorials;
and of what has been advanced in Op-
pofition to it, coIled:ed from the above-
mentioned Treatife and the French Me-
morials.
I
my.
Firjl^ Let it be obferved, that the
Difpute between England and France is
not
f.
■ ¥
^
[6]
not at prefent concerning the R I d M T
to Acadiey but what are the Limits
of Nova-Scotia or Acadie, yielded to the
Crown of Great '-Britain by the Xllth
Article of the Treaty of Utrecht,
For this Purpofe the Eng!i/Jj Commif-
faries, by a Memorial dated the 21ft of
September 1750, fet forth what was
claimed on the Part of Great-Britain^
as the real Limits of that Country, de-
fcribed to be bounded as follows :— " On
the Weft, towards New-England^ by
the River Penobfcof^ other wife called
Pentagoet ; that is to fay, beginning
at it's Mouth, and from thence draw-
ing a ftreight Line towards the North
to the River of St, Laurence^ or the
Great River of Cajiada^'^^On the North
by that River all along as far as Cape
Roziers^ (ituated at its Entrance. — On
the Eaft by the great Gulph of St.
Laurence from Cape Roziers
South-Eaft by the Iflands of Cc
ton, leaving thefe Iflands and th
on the Rights and Newfoundland
to the
e-Bre-
Gulph
and
the
<(
I
[MIT 8
L to the
i Xllth
^ommif-
2ift of
bat was
Britain^
try, de-
:— " On
landy by
lie called
)eginning
:e draw-
le North
, or the
e North
as Cape
Ice. — On
of St.
to the
ipe-Bre-
e Gulph
nd and
«' the
<<
f
H
cc
<c
[7l
the Iflands belonging to it on the Left^
" unto the Cape or Promontory called
*' Cape-Breton. — On the South, by the
** Great Atlantic Ocean, going South-
" Weft from Cape-Breton by Cape-Sable^
•' taking in the Ifland of that Name,
*' round to the Bay of Fundi ^ as far as
the Mouth of the River Penobfcot or
Pentagoet''
But they obferved, " That the Ifland
*' of Cape- Breton, as alfo all others, both
** in the Mouth of the River St, Lau-
rence, and in the Gulph of the fame
Name, although defcribed as above to
be within the Ancient Limits oiAcadie ;
are, neverthelefs, by the Xlllth Article
of the Treaty of Utrecht , excepted and
declared to remain under the French
Jurifdidion/'
His Majefty's CommifTaries having been
fo particular in dcfcribing the Boundaries
pf this Country, as claimed by the Crown
of Great-Britain^ it was expedted, That
the French Commiflaries, on their Part,
would have been as explicit 3 but, on the
contrary,
<c
ce
cc
cc
cc
cc
(C
il
-w
[8]
contrary, by their Memorial, dated on the
fame Day, they confined themfelves only
to a Negative Afiertion, " That Port-
Royal was not comprifed within the
Limits of Acadie, and, confequently,
that Ancient Acadie took in- only a Part
of the Peninfula which goes by that
Name; — that the Ifland of- Canceau,
being in the Mouth of the Gulph of St^
Laurence, was not comprifed within
Acadie -, — that the. Limits of Ntw-
England and New-France h^d- received
no Alterations by the Treaty oi Utrecht,
and therefore ought to remain as they
were before :— -And laftly, they refer-
red themfelves, as to all other Particu-
lars, to fuch Confequences as might be
deduced from the Letter and Spirit of
the Treaty of Utrecht ^ . This Defcrip-
tion not being Satisfa6tory4, and being cal-
led upon to mark out in a more particular
Manner, what they deemed to be the An-
cient Limits of Acadie, they contented
themfelves with delivering only this fur-
uicr Declaration in Writing $ namely,
n *' That
(C
<c
cc
C(
((
(C
cc
tc
«c
C(
(C
f c
<c
<(
C(
«<
I
%
m
.**>
1
ed on the
Ives only
lat Port-
nxk\\r\ the
fequently,
nly a Part
s by that
Canceau.
Iph of ^t,
id within
of N-enjO"
\ received
if Utrecht y
in as they
ley refer-
r Particu-
might be
Spirit of
5 Defcrip-
eing cal-
particular
the An-
contented
this fur-
namely.
That
«<
«
<«
«
((
[9 J
" ThM Ancient Acadie begins sit the Ex-
tremity of the Bay Fratifoife from the
Cape of St, Mary, or the Cape Four^
elm, that it extends aldhg the Coafl,
and terminates at Cape Qmgeau,^*
,; This, at firft fetting out, difcovers that
Ae French had invented imaginary Limits;
and created^ if I may be allowed the
Expref&on, a New Acadie yUn^v the
tJain^ of the Ancient One, of which they
Mfd^aUOiw 14s only a Part, and that an
ii>^Q^rttiiimo&rPart» m Yiq\jl of All Acadie^
which had been yielded to us in thofe ex-
f^eis Terms by the Treaty of Utrecht ;-
And afx^oFdingly our Right to^ the^ Whole
of that real CouRtiy has been fiipportcd by
KoUd Proofs, .wbil^t^^y have endeavoured
to prop their chitzifirical Syftem by wrong
Citgtioas and Mifcondrudions of the
Words and Intent of that Treaty, as will
appear in the following Parts of tliis
Treatife.
Here^ that the Pablick may be apprifed
of the Views of each Court in this Dif-
cuflipii^ let St be obierved, ^at$//f/^W
B noti
r 1
;. ii
1 \
[ \m'''
[lo]
not only claims, as Nova-Scotia or AcaHie^
All the Peninfula that goes by that Name,
but alfo all the Territory on the Continent
above defcribed, within the Degrees of 43
and 50 Northern Latitude ; and more
particularly we infift, that all the S^a
Coafts 6f this Diftrid on the Atlantic^
Ocean, and round the Bay of Fundi y on
which ai'e fituated the Forts of Pentagoet
and St, yob? on the North Side, and Fort--
Royal 6x Annapolis-'R^ojiily on the '^dWl^
are Parts of the Cdifnlry yielded \^ ^
by the Treaty of Utrecht, ' But the Prencb
pretend,'*'that Ipeither^iXcfe Forts, nor any
Part of the C^fis foilft(! t^^ hay j)f Fufh^
diy are to be cbrtifJfifcd within tli^ An-
cient Limits of that Country : It was in^-
cumbent upon us therefore, to demon-
ftrate our Right to thefe Cbafls, and the
partictdar Forts above-mentioned, as being
all within the Ancient Limits of Npva^
Scotia or Acadie, .^''^-^^^
Accordingly the Englijh Commiffa-
ries, as appears by their Memorials^ pro-
duced the Evidence of feveral Treaties
con-
i
4cadie^
Name,
ntinent
3 of 43
I more
he S^a
^,lantic%
ndiy oh
mtagoet
1 ^^
French
lor any
){ Fufi^
1^ An-
^as in-
^emon-
md the
being
imifia-
r> Pro-
freaties
con-
[I.}
concluded between the two Crowns;
with Hiftorical Accounts of the Pub-
lick Tranfadions to enforce the Terms
of thoib Treaties, and Commiffions grant-
ed, and Claims fet up, in Confequencc
of theoi ; all uniting in the fame De-
fcription of this Country, as demanded
above by the Crown of Great-Britain:
Which I ihall now endeavour briefly to
fet forth by recapitulating the Proofs of
Its limits and Boundaries at three diffe-
rent Eeriodsiof Time. — ^Firft, at the Time
|yf«ondadii% the Treaty of St. Germain's
in the Year 1632. —-Secondly, at the
Treaty oi BrtJa'm 1667.— -Aiid Third-
iy, at the Treaty oHVirmkhk 1713. r
The Treaty of St^ Girmain\ bearing
Date the 29th of March 1632, was made,
betv/een Cfsarks I. .and Lewis XIII. for
the Reftitutioa of New^Francey Acadia,
and Canada, and the Ships and Merchan-
dizes taken on both Sides, as appears by
the Title : Aad accordingly, by the Hid
.Article, the King of England, on his Part,
" Pronwfc^, to reftore tp his Moft Chri-
B2
<c
flian
■ t
■
;, ,{
r f
<ft
«<.
««
CI
ftiati)Ma3«fty, Jill liie ftaces pofleilbd
by hisSub^<^& in Niw-^aneeyjicadid^
^* and QmaJa; and to that EiflS^^ to iend
** Grdcrfi to ^ah as Command in iP^;tf^
i^o;'^?/, ParU^eikec^ and Cafe-Sp^eUn,
to give up the laid Peaces anid P^6/' -^
Akhcngh ^adie was thus given ^>
in general' Terms, and its limits not del
kriiDed by tliis Treaty ; yet the ReftUiitioA
that was made in Purfuane6 0;f it, ^^ ^
CommliBons that were granted to the
Wrench Governors to tcdeei P^fieffioh^ ufloii
^uch Re^itution, very far&^kily ^kst
out the Extent of the TprritcM^. ' - • * '■
As PFOofstjf 4^118, !fevertilOi4ginatCom-
miffions vOiiAJ "f iNiAibed, thereby it apu
feared, that the Court of France^ in cbn-
Aituting ccft3iin Ferfims, <5oy^nofs and
Lieutenants General of ^fXiA^^Jmeiitioned
the Forts of ¥entag6et arid &i, J^bfty ^s
%eing under their^ Jurifiidlioii ; and d©-
fcribe^ the Extent of the Country ^* to be»
*^ gin froni the Banks-of the GreAt Hiv^
•• of St, Laurenc0^i and fe> feAe Ja »& well
-^* the C©aft« icf - the Sea fthdAe o^acent
" ' • - i! Wands,
iii
ofleflbd
to iend
tns
r io
ainS ^
to die
tCom-
' it apu
^ con-
vts and
ntioned
nd d«-
t }Uv4r
»& well
IflandSi
€
C *8 3
'^ Ifl4nds, as the ioland Part of die Terr0
^' Jlnaa ; and this to extend as fur 9S.aiay
** be to Virginia"
It may be neceflary to explain, diat
Virginia was, at that Tinne, tH Name of
all the Bngl^ Colonies on .the GMtfmof
of America^ divided into . feparate Provinr
ces and Covernments, and extending to
the Eaftero Boundaries of what we
tiow call N Jti'^Englmd^ bordering upon
^/icadie. . i.."* J '.it.
During the Time the French m&»
thu6 in Pofleffion of this Country, feyttsl
dHofiiUties were (i;omixutted by the two
Stations tuthofe. Parts ; and, in. 1654, Q&>
jn)er Cromwefl fent diither.a Fieet oflGs)-
^lij^ Ships, and look Pentagod^ wbieb
was deUvere^d up to liini, by the i^um
^Governor a£jkadiei and, keeping Pafiet
jfion of what he bad: io acquired, confti^
tuted^ ih the Year 1656, Cblonel Thomas
^mple^ Qottcxnoit lot die I^rts of St,
yohtt ana Feniagoet^ as appears by the
^original Warrant which was produced,
'whecein^fe f^^uts ^re mentioned^s.be^
f
It
11
r
'■ i;
(
f i'
i'>
ih
■>i^l
[ H ]
ing in Acadie^ 'commonly called Nova-'
Scotia J in the'Par-ts oi America. And, in
1662, this Acquifition ftill remaining in
the Poflcfljon of Great-Britain^ the fame
Colonel ^mas Temple was appointed
Governor of Nova^Scotia in Acadie by
Kmg.Cbarks II.
/; jy^v^iabout this Time that the Count
d*Ejlrad(s _^ui,vcd in England^ as Ambaf-
Jpidor from the Court of France^ in order
to demand the Reflitution of Acadie $
^hoCe original Letters upon this Sub-
j|ed» have been cited as authentick Evi-
dences of what were then deemed to be
die Limits of the Country they vsranted
to be reflored : For Example, in his Let-
ter of the 27th of February 1662, he
flOCfuaints His Mofl: Chriftian Majefly, that
certtin Deputies from New-England had
prefented a Petition to King Cbarks U.
and the Parliament of England^ fetting
forth many ftrong Rea£)ns againfl the
Rcftitution of Acadie to the French^ which
he had repeated Inftnidions to demand ;
and Coxiuniilkries having at kis Defire
been
:i
i^A
VS
'■it
d Nova-
And, in
lining in
the fame
ippointed
^cadie by
lie Count
1 Ambaf-
in order
Acadie $
his Sub-
tick Evi-
led to be
1 wanted
his Let*
662, he
efty, that
land had
arki II.
fetting
infl the
b^ which
iemand ;
s Defice
been
[ '5 ]
been appointed to treat with him upon
that Affair, he had, in the Conferences
with them, demanded the Reftitution of
all Acadie^ containing 80 Leagues of
Country ; and that the Forts of Pentagpet^
Port 'Royal, and La Heve^ fhould be re^
Aored in the fame Condition thef wer#
in when taken. Alfo in his LeCfer olt
the 13 th of March folbwing, he callm
Pentagoct the firft Place in Acadie] —
And in another Letter of the 25th of
December 1664, where he is rcafoning m
Favour of a League with England^ he
fays, " Your Majefty may alfo, by a
Treaty with the King of England^ get
Acadie reftored from Pt Uagoet to
^^ Cape-Breton^ containing 80 Leagues of
« Coaft." • -'^''^ '
The Reftitution which the French had
fo much defired, was at Length accom-
pliftied by the Treaty of Breda^ dated the
2ift of July 1667, This brings us totlifii
fecond Period of Time, in which it Was
neceflary to examine what were then the
Limits of AcadiCf
By
iS
<c
I
'Mr
i
[16]
By the Xth Article of this Treaty, the
King of England was to rcflorc and giv^;
iip the Country caHed Acaiie fituated in
It^orth^ America^ which His Moft Chriftiin
Mtfjcfty formerly enjoyed y and, for th&
compieating this RefUtutioh, he was fortb-^
with; aft^r tho Ratiikatioa of that Alii-
iitce, to deliirari ail fuch At^ts and Orders,,
txpedited in due Form^ as were neceiTaryi
to that End. • ^ '•'
Accordingly the E«^/(i^ Comnniiflarie^
plioduccd this vtry Inftrumcnt for th6
Rcftitulion df iiIcvj<//Vto theFrc«Ci&, dated
the 1 7th of February' \ 66 jy whereby King
Charles II. in Purfuance of the above
Agreement, furrendercd for himfclf^ hli
Heirs, 6fc. atll that Co\xntrfC^\\fA Acadie;
lying in Nor th- America ^ which' the faiS
Aloft Ghriftiftn liing did firmerty ttjby^
as namely, the Forts and Habitations of
Peniagoet, St. j<^bn\ Pirt'^Royal^ La[
Ife^, and Cdfe^SM: i ' V,
'< Monfieiir de ku^igny v«ts 'ai'tKfcTimi
^ London, AmbafT&dor fr^rti> the Cdort
of Fra?icei and it is rertlafkjWe, thatiiii
V' that
4
4
Il
it
I
^
eaty, Ac
and giv^:
tuated inr
Cairiftiin
> for tte
ms fortbh^
hat A»i-
i Orders^
necefTaryi
\mtffinek
for thfe
cb, dated
eby King
iG above
ifelf, hfs
1 ^i^V,
the faiS
y cbjojr,
ations of
&Tim«
te Gdort
that: ill
that
[ ^7 ]
this Inftrument there is a Marginal Note
oppofite to the Names of the above-men-
tioned Forts, in thefc Words, viz, ** in-
^* ferted at the Requcfl of Monfieur di
** Ruvigny''
They further proved, that the Sieur Mo*
rillon du Bourg^ was then commiflioned,
under the Great Seal of France^ to take
Poflefiion of Acadie^ and that accordingly^
on the 2 ift oiOElobcr i668, he demanded
the Reftitution thereof from Sir Thomas
Tempky the fame Perfon mentioned be-
fore to have been appointed Governor of
it by King Charles II. prefenting him at
the fame Time with a Letter from the
King oJF England^ dated the 3ifl of Z)^-
cemher 1667, under His Signet, containing
His Majefty*s Orders for that Purpofe ;
and that Sir Thomas Temple making feve-
ral Scruples in complying therewith, al-
ledging that Pentageot was not in Acadie^
but in Nova-Scotia ; King Charles II. dif-
apprpving thefc ill-grounded Diftindlions,
fent His final Orders to him, by another
Letter dated the 6th of Augujl 1669,
C therein
^
H,
' i
' it:
I
Ci8]
therein repeating, that it was His Ma-
jefty's exprefs Will and Pleafure, that he
fhoald, without any Manner of Doubt,
Difficuhies or Delay, reflore or caufe to
be reftored to His Mod Chriftian Majefly,
the faid Country of Acadie^ as namely,
the Forts and Habitations of Pentageot^
SL John, Port-Royal, La Heve and Cape-
Sable, which His Moft Chriflian Ma-
jefly's Gubjedts formerly enjoyed ; and that
he fhould conform himfelf in the Execu-
ti M thereof to what is fet down in the
Xth and Xlth Articles of the Treaty of
Breda: Accordingly the PofTeffion oi Aca-
die, with the faid Forts, were delivered
on the 6th Day of July 1670, to the
Chevalier de Grand - Fontaine, at that
Time appointed by Commiffion under the
Great Seal of France, to receive the fame.
The French, being again in PofTeffion,
began frequently to make Attempts to-
wards enlarging the Boundaries beyond
Pentagoet, as far as St, Georges, and
even to Kennebequi River, ilLaated fur-
ther Weftward than Pentagoet, This
has
"^
I
i
.4
ii i
[Is Ma-
that he
Doubt,
caufe to
Majefly,
namely,
entageoty
nd Cape-
ian Ma-
and that
I Execu-
^Q in the
Freaty of
delivered
3, to the
at that
nder the
he fame.
ofTefTion,
mpts to-
|s beyond
/s, and
ted fur-
This
has
m
[ 19]
has been proved by feveral Memorials
which had been prefented by French
Ambafladors, refiding at thofe Times at
the Englijh Court, in which, when they
were to complain of the EngUfi for fifli-
ing on the Coafts of Acadie^ they defcribe
the Coafts as extending from the Ifle Pcr-
cie^ which lies near Cape Roziers^ at the
Entrance of the River St, Laurence^ to
St, George's Ifland, lying at the Mouth
of the River St, George, When they v/ere
to vindicate their Right of importing
Goods into Tentagoet^ they infifted, that
by the Treaty of Breda^ it was decided
to be in Acadie, and had been delivered
up to the King their Mafter by Virtue
thereof. It appears alio, that when the
Governors of Acadie were to complain to
thofe of New^England of Encroachments
made on their Territories, they mention
in their Letters the River Kennebeqiu as
the Boundary of the two Nations : And
laftly, it has been ihewn, that when Port--
Royal was taken by the Englifj from the
French in 17 10, Monfieur Subercaife^ then
. ■ C 2 Governor
'J
f
i
r
St
:
((
<C
[ 20]
Governor of Acadie^ and Commandant"
of that Fort, in the Articles of Capitula-
tion, ftiicd himfelf " Governor q{ Acadity
Cape-Breton^ and the Illands and Lands
adjacent, from Cape Roziers of the Ri-
" ver of St. Laurence to the Weft of the
'^ River Kennebeqtiir It cannot be pre-
fumed that he would have raken this Ti-
tle, unlefs he had been warranted by his
Commiflion.
All the Proofs above recited were ailed-
ged to be fo much the ftronger as they
were produced from the French Records,
and flom Reprefentations, which the
French themfelves made of the Extent of
this Country, whilft they were in PofTef-.
fion of it. Whence it appears, that from
the Treaty of St, Germain'^ to the Treaty
of Breda ^ and from the Treaty of Breda
to the Time of the Treaty of Vtrecht^
which was the laft Period of their Poifef-
fion, they made Acadie to comprehend
not only the Pemnfula, b«t alfo the G?«-
iinent on the other Side of the Bay of
Fmdi 5 and to take in the Forts of Port^
Royal,
.'4
[ 21 ]
ftoyal^ Pentagoef, and St, John^ together
with the iame Northern and Eaftern
Boundaries, as are now claimed by the
Crown of Greats Britain,
But as the Xllth Article of the Treaty
of Utrecht transferred over to Great- Bri-
tain both Nova-Sc'otia as well as Acadie
with its Ancient Limits 5 it was neceflary
to fet forth the Letters Patent, or Inftru-
ment in Writing, by which Nova-Scotia
was firft ereded into a Colony, and from
whence it originally took its Name. To
this Purpofc the Ejtglijh CommifTaries pro-
duced the Grant from King James the IH:,
dated the loth oi September 1621, to Sir
William Alexander, afterwards Earl of
Sterling, of certain Diftricfis and Territo-
ries in North' America y to be ever after
called by the Name of Nova-Scotia -, in
which Grant, all the Lands, Continents
and Iflands, intended to be comprifed un-
der that Name, are there marked out by
the fame Northern, Eaftern, and South-
ern Limits, as we have before afcribed to
Acadie, For this Reafon it may be fup^
- , poieO,
■-■ h
iL '^
'ir
^a !i
(t
[22]
pofed, the fame Territory was generally
called either by one or the other, or by
both thefe Names, except that Nova- Sco-
tia, if diftindly confidered under this
Grant, was bounded on the Weft by the
River SL Croix -, and Acadie, confidered
by itfelf, extended a little farther Weft-
ward to the River Pentagoet. But both
are now included as one and the fame
Country, being fo furrendered to Great"
Britain by *:hc Treaty of Utrecht.
To thefe Hiftorical Accounts was added
the Evidence of Maps, both Ancient and
Modern, French, Englijh, and Neutral
Ones J all which have extended the Limits
of the Country, marked by them to be
Nova-Scotia or Acadie, to comprife not
only the whole of the Peninfula, but alfo
Part of the Continent on the other Side of
the Bay of Fundi, And thefe Maps were
alfo relied upon to be fo much the ftronger
Evidence, if Maps are at all to be relied
on, as the Ancient Englijl: Maps have
marked out this Extent at the Time when
ibe French were in Poffeflion of that
Country j
I
[ 23 3
Country ; and the Modern French Maps
have marked out the fame fince the £/i-
glijh have been in Pofleffion of it.
It is farther to be obferved, that this
Territory, in moft of the Maps printed
before the Treaty of Utrecht^ is called by
the Name of Nova- Scotia. So was it alio
called by feveral ancient Hiftorians, and
accordingly was demanded by that Name,
on the Part of the Crown of England^
in the Tianfadlions previous to the Treaty
of Utrechty whilft the French, in their
Propofals, affedted to call it Acadie ; yet
all the while both meant the fame Coun-
try : And lince it was fometimes called
by one, and fometimes by the other, and
oftentimes by both Names 5 it was agreed
at laH to be ceded by the Name of No-
va-Scotia or All Acadie, and to put it
beyond all Difpute, the Ceflion of it
was afterwards made by the Name of
Nova-Scotia otherwife called Acadie.
As therefore the Right of the Crown
of Great-Britain to the Country claimed
by the Name of Nova- Scotia or Acadie
is
11
I
h f
Bl t'
m
I 24 3
is founded on the Xllth Article of this
Treaty, it may be proper here to infert
the literal Tranflation of it in Englijh
with the Original Text, as follows.
" * The moft Chriftian King fhall
take Care, on the iame Day that the
Ratifications of the prefent Peace fhall
be exchanged, to have delivered to
the Queen of Great -Britain folemn
and authentick Letters or Inftruments,
by Virtue whereof the liland of St,
Chrijlopher is to be polTefled alone here-
after by BritiJId Subjeds 5 likewife iVb-
'ua Scotia or All Acadie^ with its an-
" cient
* Dominus RexChriftlanlfllmus eodem quo Pacis
Praefentis Ratihabitiones eommutabuntur die, Do-
minae Reginse Magnae Britanniac Literas, Tabulafve
foknnes et authenticas tradendas curabit, quarum
vigore, Infulain San<5ti Chriftophori, per fubditos
Britannicos figillatim dehinc poflidendam, Novam
Scotiam quoquc, five Acadiam totam, Limitibus
fuis antiquis coixiprehenfam, ut et Portus Regil
'Urbem, nunc Annapolin Regiam ditlam j csetera-
. omnia in iftis regionibus quae ab iifdemTerrisetln-
iulis pendent, una cum earundem Infularum, Ter-
rarum et Lpcoram Dgmrnio, Proprietate, PofTef-
fionc
<c
€C
It
<C
CC
«C
<(
«<
I;
iir
( this
infert
nglijb
; fhall
lat the
5 fhall
ed to
blemn
ments,
of St.
i here-
hNo^
ts an-
■ cient
10 Pacis
ie, Do-
ibulafve
quarum
fubditos
Novam
mitibus
s Regil
caetera-
isetln-
1, Ter-
PofTef-
fion^
Ht
cc
ice
(C
cc
<(
<(
(C
cc
cc
C(
cc
cc
t 25 1
cient Limits, as alfo the City of Port-^
Royal, now called Annapolis-Royal, and
all other Things in thofe Regions,
which depend on the faid Lands and
Iflands, together with the Dominions,
Propriety and PoiTeffion, and all
Right whatfoever, whether by Treaties,
or any other Way acquired, which the
Mod Chriftian King, the Crown of
France, or any of its Subjeds have
hitherto had to the faid Iflands, Lands,
and Places, and the Inhabitants thereof,
to be yielded and transferred to the
fione et quocunque jure, five per Pa£ia, five a!i3
modo quasfito, quod Rex Chriftianniflimus, Corona
Galliae, aut ejufdem fubditi quicunque, ad di<5las
Infulas, Terras et Loca0 eorumque Incolas HaSienus
l^iabuerunt, Reginae Magnae Britannise, ejufdemque
Coronae, in perpetuum cedi conftabit et transferri,
prout eadem omnia nunc cedit ac transfert Rex
Chriftianniflimus : Idque tarn amplis modo et for-
ma, ut Regis jChriftianniflimus fubditis in didiis
Maribus, iinubus, aliifqufe locis ad littora Novie
Scotiae, ea nempe quje Eurum refpiciunt, intra tri-
ginta Leucas, incipiendo ab Infula vulgo Sable
du^a, eaque inclusa, et Africum verfus pergendo,
omni Pifcatura in pofterum interdicatur,
D " Queen
t w
r
hi
1 i
■1!
li i
1'
1
fe
if
It
1
■ if;
(,•■
i;.
■ ■ 1.
[26]
Queen of Great-Britain^ and to Her
Crown for ever, as the Moft Chriftian
King now yields and transfers all the
'* faid Particulars : And that in fuch am-
ple Manner and Form, that the Sub-
jeds of the Mod Chriftian King fhall
^* hereafter be excluded from all Kind of
*' Fiiliing in the faid Seas, Bays and
** other Places on the Coafls of Nova-
Scotia, that is to fay, on thofe which
Ive towards the South Eafi:, within
30 Leagues, beginning from the Ifland
commonly called Sable y inclufively,
and thence going towards the South
*' Weft." •
The Crown of Great-Britain, in Con-
fequcnce of this Ceffion, has ever fince in-.
fifted on its Right to Nova-Srotia, or All
Acadie, with the fame Ancient Limits,
with which it was acquired and poflcflcd
oy France, in Virtue oi2Siy former Trea-
ties or otherivays. Whatever therefore
were the Limits of this Territory, at and
before the Treaty of St, Germain's, in
1632; or at and before the Treaty of
aBppj\
ti
'((
(C
tc
-cc
<t
f c
<c
<c
cc
.1
■'i
I
i
'is
to Her
iriftian
all the
:h am-
le Sub-
ig fhall
Lind of
^s and
Nova^
which
within
; Ifland
ifively.
South
1 Con-
nee in-.
ov All
imitj,
)ircflcd
Trea^
^refore
at and
fc's.
m
aty of
■-tS:
§.
■V
[ 27 ]
Breda, in 1667 5 or at and before the
Treaty of Utrecht^ in 171 3 ; they are llill
the fame, reconfirmed to His Majcfty by
the late Treaty of Aix-la-Chapelle in
1748, founded on the Bafis of the for-
mer Treaties ; by the IXth Article of
which, after fixing the Times in which
the particular Reftitutions, there referred
to, were to be made la the Eaji and JVefi*
Indies, it is ftipulated, that every Thing
befides ihould be re-eftabliflied on the
Foot they ivere, or ought to have been,
before the War.
Thus far having recapitulated the uni-
form Series of Proofs, in due Order of
Time, to juftify our Claim to what we
call the Ancient Limits of Acadie 3 it is
but juft, that We take Notice of what
the "French CommilTaries have been plcafed
to urge in Support of their Syflem ; by
which they would reduce Acadie, to be a
Part only of the Peninfula, that goes by
that Name.
This they have attempted, by their Me--
morial dated the 4th of Odlober 175 1,
D 2 which
.n.
,
T^
it
1 28]
which is divided into fcvcral Chapters >
in fome Parts Hiftorical, in fome Parts
Argumentative ; in all Parts eluding or
evading the Point in Queftion ; mifciting
in feveral Inftances the Proofs referred to,
by either tranfpofing the Words, or ad-
ding others -, and from hence offering in
the Room of the Real to fubftitute an
Ideal Acadie, not defcribed in any Hif-
tory, nor mentioned in any Treaty, nor
delineated in any Map; in which they
neithv^^r include Port-Royal, hitherto con-
fidered as one of its principal Forts, nor
have told Us what they call the Inland
Parts of the Peninfula ; fb that Fort-
Royal is a Fort fituatcd in no Province,
apd Acadie is the Coaft of a Country that
has no Name. Such is the Syftem they
would endeavour to fet up, which being
founded neither on Reafon nor Reality,
has been e^itirely overthrown by the E«-
glijh Reply, dated the 23d of January
1753, divided, as the French Memorial,
under feveral Heads ; expofing in fome
Parts the Fallacy of their Objedlions j
refuting
,#
1^:-'
"^
ipters i
; Parts
ing or
ifciting
red to,
or ad-
ring in
ute an
jT Hif.
y, nor
1 they
:o con-
ts, nor
Inland
Port-
>vince,
ry that
they
being
.eality,
e En-
inuary
lorial,
fome
!tions }
futing
[ 29]
refuting them in others from the Tefti-
mony of Hiftorians, Maps and Treaties ;
and upon the Whole by a Series of Proofs
and Arguments eftablifhing His Majefly's
Right to that Real Country, and thofc
Ancient Limits, which have been fo often
before defcribed.
Notwithftanding all this, the Author
of the Summary Difcuffion has adopted the
Syftem of the French CommifTaries, with-
out any Regard, excepting in one or two
Inftances, to what has been urged to the
contrary in the Englijh Reply. When
therefore he forms his Arguments from
the French Memorials, he will be anfwer-
cd from that Reply j and where he ftarts
new Objedlions, they will be oppofed by
new Proofs, which there has not yet been
an Opportunity of producing. And fincc
the above-mentioned Abftrad: has been
publifhed, with a View, as it is faid, of
reducing the Arguments on both Sides
into a fhort and yet fufficient Compafs
to explain the Points in Queflion 5 and
to
(•I
I ^
m
[30]
this being the very Intent of the Treatifc
now offered; it will be the beft Method
to confine it to the chief Points taken No-
tice of in the French Treatife; and to
confider fuch Arguments only upon thofe
Points, as may be deduced, by way of
Confcquencc, from what tlie French Com-
mifTcirics are pleafed to call. The Letter
and Spirit of the Treaty of Utrecht^ to
which they rcf^ir themfelves by their fir ft
Memorial.
But previous to our entring into the
Confideration of this Treaty, it will be
neceflary to take Notice of the Evidence
of two Perfons, cited by the Author of
the Suramary DifcuJJion^ as the only two,
who, he fays, have properly treated this
Subjeift concerning the Limits of Acadie j
namely, the Sieur Denys a Frenchman^
and Sir Thomas Temple an Englijhman :
The firft is defcribed as a Writer, in all
Refpeds, worthy of Credit ; and who
has marked out, in the moft precife Man-
ner, that Acadie begins at the fetting out
of
reatifc
ethod
iNo-
nd to
thofe
ay of
Com-
Lettcr
hty to
ir firfl:
to the
nil be
idence
lior of
/ two,
d this
^cadie ;
hman^
man :
in all
who
Man-
igout
of
•■>al
[ 30
of the Bciy Francoife, and extends to
Can^eau -, but in what Part,of his Works
this precife Remark is to be found, is
not mentioned ; and it fcems only to bs
colleded from a Paflage, wherein that
Hiftorian gives an Account of a Tour he
made round the Bay of Fundiy called by
the French Bay Francoife ; and in com-
ing out from thence, he calls the Coail
from Cape Sable to Cape Can^eau, the
Coaft of Acadie, of which it certainly
was a Part, but nothing from hence can
be inferr'd that it was the whole Coaft.
No better Succefs will attend the'other
Evidence of Sir Thomas Temple, in intro-
ducing of which a wrong Conftrudtion
is offered to be put upon the Xth Arti-
cle of the Treaty of Breda, by blend-
ing it with the Xllth Article of the fame
Treaty, as if both were relative only to
one and the fame Objcdl; whereas the
Stipulation in the Xth Article is confined
folely to the Reftitution of Acadie, and
the Xllth to the Reftitution of all Places
elfewhere fituated, which had been re-
fpedivcly
I
I \
1 1*
i 32 ]
fpedlively taken by the two Crowns from
one another during the preceding War.
Accordingly the Ad of Reftitution of
King Charles II. in purfuance thereof, is
divided into two Parts ; in the Firft, it
recites the Agreement made for the Re-
ftitution of the Country called Acadie^ ly-
ing in North' America 5 and accordingly
furrenders and delivers the fame, as name-
ly, the Forts and Habitations of Penta-
goef, Sf. John, Port-Royal^ &c. After
which it recites the Reftitution made of
the Country of Cayenne in America ^ as be-
ing what the Crown oi England had taken
from France before the figning of the
faid Treaty. Whilft therefore this French
Author is acculing the Englijh of Illufion
and Artifice, in wrongly applying the
Word Ceffion inftead of Reftitution, in
order tp affimilate, as he calls it, the
Treaties of ^ Breda and Utrecht ; although,
by the Reply, it is proved to have been
no Mifapplication at all j may we not,
with more Juftice, retort this Accufation
upon himfelf, for having affimilated the
Articles
I
ns from
g Wan
itjon of
reof, is
^'irft, it
the Re-
idicy ly-
jrdingly
s name-
Penta^
^ After
made of
jy as he-
ld taken
of the
French
Illufion
ng the
tion, in
it, the
though,
/e been
ve not,
cufation
ited the
Articles
Pi
^1
m
, r 33 ]
Articles above-mentioned, with a De-
fign of infinuating that Pentagoet was not
delivered up as part of Acadie in purfuance
of the Xth Article, but was reftored as a
Fort taken before the War, in purfuance
of the Xllth Article ; yet even in this,
he is not fupported by the Evidence
which he has produced for it ; for the
Difpute between Sir nomas Temple and
the French Governor, went no farther
than, whether Pentagoet was in Acadie
or in Nova- Scott a ; now if that Fort had
come under the Defcription of the Xllth
Article, fuch a Difpute would have
been unnecelfary ; and after all, the
Evidence of Sir Thomas Temple's Di-
ftintftion is inconclufive in every Refpedl :
For firft, it muft be obferved, that it was
overruled both by France and England at
the Time it was made, and confequently
is now an Authority againft the Point it is
cited for. Secondly, if any Diflinclion
could be made, he was certainly miftaken
in the Fa<5l ; fince Pentagoet ^ which he
faid was in Nova-Scotia^ and not in Aca--
E <//>,
li
i S
^t
11
C 34T
dle^ was, if they were to be corifidered di-
ftmiflly, in Acadie and not in Ncva-ScO"
tia ; and laftly, to what Piirpofe are any
fuch Diftindions now made, (ince both
Nova- Scotia and Acadie are jointly given
Vip by the Treaty of Utrecht,
I (hall now proceed to the Proofs re-
fultlng from the Letter of this Treaty :
The Author of the Summary iXifcuJJion
fets out with citing only a Part of, what
he calls, the Xllth Article ; for in Fadl
he inferts the Words of the Ceflion and
not of the Article. This Manner of citing
from pretended and erroneous Tranflations
has b^en more than once objedled to by
the EngliJJj CcmmifiTarieSj as appears by
their Memorials, which Objedlion the
above Author is pleafed to fay proves only
the Extremities one is reduced to in de-
fending a bad Caufe. He pretends, at
the j&m6 Time, that the French Text is
the Original as virell as the Latin ; but it
will prefently appear, that in fome of the
following Citations^ the Terms are very
different, and confequcntly They cannot
- both
red di-
re any
3 both
^ given
ojfs re-
'reaty :
'fcujjion
, what
n Fadt
on and
citing
Qations
to by
ars by
^n the
is only
I de-
s, at
ext is
but it
of the
very
■cannot
both
^'
CssO
both be Originals. It is well known, that
this Treaty was drawn up in the Latin^ as
a Neutral Tongue between the contract-
ing Parties ; the Original of which is now
in the Secretary of State's Office at London^
figned by the proper Hand-wrifing of
the refpedtive Plenipotentiaries : In a Dif-
pute therefore between Nation and Nation,
no Article of it ought to be produced but
from that original Text. So that qiting
it from a Tranflation and that ^ falfq
Tranflation, fliews indeed the Extremi-
ties to which the Advocates in a bad
Oaufe are reduced, who often fiiew their
Skill in wrefting the Senfe of what niakes
againft them, by mifciting the Words, or
when the Words make quite againfcthem,
by not citine them at all. ,. t r.^-.r ■-
How flagrant doth this appear, by this
Author's having cited only a Part of the
Xllth Article of the Treaty, omitting the
explanatory Words, by which the Extent
of the Ceffion is defcribed, for after grant-
ing Nova-Scotia or All Acadie, with its
antient Limits, as alfo Port-Royal^ other-
E2 wife
tc
<c
cc
•[ 36 ]
wife called Annapolis-Royal, it further
adds, " And all other Things in thofe
" Regions which depend on the fame
*' Lands and Iflands, together with the
Dominion, Property and PofTeflion of
them, and all Right whatfoever by
'Treaties, or any otber Way obtained ;**
a)^ which Part, tho* the mofl: material,
and upon which lies the chief Strefs of
the Point in Queftion, has been induftri-
oufly pailed over by this, properly called,
Nummary Difcujfion:^^'^^'
After this imperfed: Citation, it pro*
ceeds to put the following Mirconfl:ru(n:ion
upon it. It appears, fays the Author,
by the Terms of the Treaty of Utrecht^
that' the Ceffion, flipulated by the Xllth
Article, was reflrained to a Country fingly
called Acadie^ with its Ancient Limits.
As a Proof of this, he obferves, that
NGva-ScQtia is only an empty Denomi-
nation, without having any real Exift-
encc before the Treaty; for that the
Letters Patent of King James I, to Sir
Will'uim Alexajider in 1621, produced by
the
,.i«^' iiiiMatTiii'iiiiiii ,1
»
■ >
[37]
the EngUpo Commiflaries, as marking out
a Territory to be ever after called by the
Name of Nova-Scotia^ was a void Grant;
inafmuch as no PofTeflion was taken, nor
any Government eftabliflied in Purfuance
theieof; and from whence, therefore,
no Confequence could be derived in Sup-
port of our Claim to any Country by that
Name in the prefent Difpute. ;orti; b.
Now not to lay any farllier Strefs upon
what has been proved, that Sir William
Jllexander did take Pofleffion of the Coun-
try defcribed by Virtue of that Grant, let
it fufEce to remark, that the chief Pur-
pofe, for which the Grant was produced,
was to fhe\ the original Rife of the
Name of NovaScotia : From whence,
by a Chain of Confequences, the follow-
ing Inferences are to be deduced, as un-
anfwerable Arguments, in Proof of the
Exiftence of a Country called Nova^
Scotia^ and of its Original and mofl An-
cient Boundaries.
For fince, from this Grant the Terri-
tory or Diflridl therein defcribed firft ob-
tained
V-
f 38 ]
talned the Name of Nova-Scotia^ the
Country, afterwards called by t ' t Name,
mufl comprife all the Lands, Iflands,
Bays, &c» which paffed by the original
Grant under the Name of Nova-Scotia,
Therefore, if France yielded a Coun-
try, called by that Name by the Treaty
of Utrecht, it yielded the Territory com-
prifed within the Limits defcribed by the
Deed, from whence it derived that Name.
Hence it mufl be concluded, that if
Efig!a?id has now a Right to the Poflef-
fion of Nova- Scotia, it has a Right to the
Pofleirion of all the Lands, Iflands, Bays,
&c, to which this Grant originally gave
the Name of Nova-Scotia j except what
Las been referved to France by the Treaty
before-mentioned.
Accordingly it was with a View to
this Grant, as well as to former Treaties,
that the Crown of Great -Britain de-
manded this Country at the Treaty of
Utrecht, by the Name oi Nova-Scotia or
yAW/>, which, we contend, by a natural
Conflrudion, implies a Country called by
/-'^^ either
•it;
»--,j;., ^-,**aiWEaM
[ 39l
either one or the other of thofe Names.
We have fliewn, that it was fometimes
called by one and fometimes by the other,
long before the Treaty of Utrecht ; fince
therefore it was agreed, by the Xllth
Article, to be yielded up under both thofe
Denominations ; and fince the adual CeC-
fion of it was afterwards made by a yet
clearer Defcription, in naming it Nova^
Scotia^ otherwife called Acadie ; how
groundlefs is the Prefumptlon, now to
afTert, that France did not, and could not,
make a Ceffion of any Country called
Nova-Scotia?
But we find this Attempt of perfuad-
ing us out of the Name of Nova-Scotia^
is with a Defign not only to confine the
Ceffion folely to a Country called Acadie^
but alfo to limit gp.:eral Acadie to that
particular Part of it, which from all Ages
they fay had no other Name. For now
the French argue, that the Treaty, muft
be conftrued to reftrain the Ceffion to a
certain Ancient Acadie, properly fo called,
dillinguilhed from the Countries, to which
the
n
: i=
! *•
[ 40 ]
the fame Name might have been given :
and this new Name of Ancient Acadie
they afcribe to the South-Eaftern Coaft of
the Peninfula, in Excluiion of all other
Parts of the Province, which had any pe-
culiar Names to diftinguifli them from
each other, though they were all com-
prifed under the general Appellation of
Acadie, By this Method of Reafoning,
we might as juftly pretend to prove, that
no Province in France^ except that which
is named Vljle de France^ properly io
called, ought to be deemed to be within
the Ancient Limits of the Kingdom of
France, But how vain is it to ufe
Subtleties and Refinements to reftrain a
Ceffion, which by the very Terms of it
was intended to be made with the utmoft
Latitude, and in the moil: extenlive Man-
ner ; for by the Article above cited, the
fUrant of Nova- Scotia or All Acadie is
made, *• together with all the Dominion,
Property, and Polleffion of the faid
IJlands^ Lands, and Places, and all
" Right whatfoever, whether by Trea-
" ties
cc
cc
(C
c<
<c
■[40
ties or otlierways, , which the Moft
Chriftian King, the Crown of France
or any of its Subjcd:s have hitherto hadj
" Hadienus hahueriintr Hence it is ma-
nifeft, firft, that the Grant of Acadie is
not to be retrained to a fingle Sea Coaft
of a Country, but muft denote a Pro-
vince or Territory r-ntaining all the
IJlands^ Lands y and Places^ which France
had hitherto been poflelTed by any former
Treaty or other ways : And in the fecond
Place, the Word hitherto deftrovs all No-
tion of an Ancient Acadie. and brings
down the Defcription of the Country to
what it was at the very Time when
France gave it up; for fo the Word
Hadienui in the original Text of this Ar-
ticle muft imply. ^_, ...^
• , The next Argument for reflraining
Acadie to the South-Eaflern Coaft of the
Peninfula^ is becaufe Port-Royal, otherwife
4;alled Annapolis-Royal, which lies on the
other Side of it, was ceded by the Xllth
Article in feparate Terms, nameiy, as aljb
Port'jfloyal^ ^c, in Anfwer to this, .it has
F been
i
T
ii
' \
[42]
been infifled upon on our Part, that the
particular Stipulation for the Ccffion or Re-
ititution of a Fort, never was deemed to
feparate it from the Province to which it
belonged : To this Purpofe three feveral
Treaties were referred to in the Reply, a&
Inftances, where, befides the general Cef-
fion of a Territory, t he Towns and Fort-
refTes fituated therein, have alfo been fpe-
cified in the fame Article : The Author of
the Fre7zch DifcufTion obferves, that the
two laft of thefe Treaties, were only Co-
pies or literal Tranfiations of the firll ; be
it lb, fince it proves the Precedents to be
more compleat and uniform. It appears,
by the Vllth Article of that Treaty, con-
cluded between France and the States-
General at Utrecht the iith of jlpril
1713, That the Ceffion of Upper Guelder
to the King of Pruffia was made in gene-
ral Words, and yet the Towns, Baily-
wicks, and Lordlliips of Strahleny Wacht-
endonck^ 6cc. were afterwards particularly
fpecified, although they were Dependents
on the Town of Guelder ; Upon this the-
French
[43]
French Author has obfcrved, that Ic Is not
a parallel Cafe to the prefent, becaufe that
Article did not make a Ccflaon of all
Guelder^ but only of what His Pruffian
MajeftypofTefTcd InUpper-GuMcr-, where-
as with Regard to the Point nere in Qaef*
tion, the Treaty of Utrecht makes a Cef-
fion of all Acadie 3 from whence he de-
duces this Diftindtion, that in yielding all
Acadie^ there was no Neceffity of fpeci-
fying Port-Royal^ if it was any Part of it ;
whereas in treating for a Part only of
Guelder^ the Enumeration of all the Parts
yielded up w^as indi^penf^ble : Now, in
Anfwer to this Diflind:ion without a
Difference, it muft be obfervcd, that the
Town of Guelder, with its Prn:fe(flure and
Bailywick, and all its Dependencies, were
yielded in general Terms, fpecifying af-
terwards, as alfo the Towns and' Lord-
fhips of Strahlen, JVachtendonck, &c. and
yet their being fo fpecified, was never pre-
fumed to imply that they were noi Parts
of what had been before given up by
the general Ceffion. So we argue that
Port-Royal was dependent upon Acadie ,
F 2 and
ii
w
%
■%\
C(
cc
<(
[4+]
and yet was particularly named in the
Article of CefTion, but being fo named,
did not therefore fcparatc it from its
Dependency. — That it was dependent, ap-
pears plainly by the fubfcquent Words of
the Article, which after giving up all
jicadie, as alfo Port-Royal, adds, ** And
all other Things in thofe Parts, which
depend on the faid Lands and Iflands,
Gfc." Thefe fubfequent Words, fo
very material to clear up all Difficulties
in this Dilpute, the French Author, in his
ufual candid Manner, has wholly fuppreffed.
No lefs unfair has He been in the Ufe
he would make of his French Tranfla-
tion of the latter Part of the fame Ar-
ticle, which, by the Words being tranf-
pofed, he would infinuate determined the
Extent of the Ceflion, by excluding the
Subjeds of His Mofl Chriftian Majefty
fjom fifl^jing in the Seas, Bays, and other
Places, within thirty Leagues of the Coaft
of Nova-Scotia to the South- Eaft, begin*.
ning from the I Hand commonly called
Bahk\ and ftretching from thence to the
•South- Weft. Hence he pretends that
this
[ 45 ]
this is a Defcription of what were tho
Seas of Acadie ; namely, that they were
the Seas, which begin from the Illand
called Sable, and go from thence to
the South- Weft, and then he defires the
Reader only to caft his Eyes on the Map.
to fee that this Defcription of the Seas c>
Acadie, can be reconciled only to tht
Limits of what the French call Antient
and Proper Acadte : But the Reader is
firft defired to caft his Eyes on the ori-
ginal Text of this Article, where he v/iii
find the Falacy both of the Citation and
of the Conftrudlion that is put upon it ;
for in defcribing in what Parts the French
fhould be excluded from fifhing, it is not
faid on the Coafts of Nova-Scotia in ge-
neral, but " on the Coafts of Nova-
" Scotia y that is to fay, on thofe which
** lie on the South Eaft.** This therefore
is not a Defcription of all the Seas and
Coafts of Nova'- Scotia y but only of thofe
which lie on the South-Eaft Side, which
implies that the Country given up had Seas
And Coafts on the other Sides ; we find alfo
^liat Mention is made all along of the
Seas
CH^/H.
i
f i
[ 46 ]
Seas and Coafts of Nova-Scotia, in the
plural Number, contrary to the Pofition
which the French would lay down, that
the whole confifts of one Coaft only.
Laftly let it be particularly remarked, that
thefe are here named the Coafts of Nova--
Scotia, and not of Acadie, and yet they
are the fame Coafts which the French
CommilTaries would call Acadie upon the
fole Foundation of their having never been
called by any other Name.
But if Acadie, fays this Antagonifl:,
Comprehends all the Coafts from Cape-
Can^eau to the Entrance of the River of
St, Laurence \ it would refult from thence,
that all the Iflands, fituatcd in the Gulph
of that Name, would belong to Great-
Britain, But, fays he, the Treaty of
Utrecht declares the contrary, in the moft
formal, precife, and clear Manner, namely,
by the Xlllth Article. And fo we allow
it does ; but it being by Way of Exctp-
tion, proves, in the moft formal, pre-
cife, and clear Manner, ihat all the Iflands,
widiin the Gulph of St, Laurence, were,
at the Time of making this Treaty,
under-
•e
y.
r-
[ 47 ]
underftood to be within the Limits of
Ancient Acadie, juft as it was defcribed
by the Englijh Commiflaries in their firll
Memorial. For France having yielded
all Acadie by the Xllth Article ; and it
being neverth\;lefs agreed, that it fhould
referve thefe Iflands ; it was ftipulated
in the latter Part of this Xlllth Article,
by Way of Exception to what had been
given up before, in the folio vs^ing Man-
ner. " Infulavero, Cap- Breton diBa, nt
^ alia quavis, tarn in Ofiio Fluvii
SanBi Laurenfii, quam infinu ejitfdem
nominis Jita^ Gallici Juris in pojlerum
erunty From hence it appears, that
the Ifland called Cape-Breton ^ together
with all others, both in the Mouth of the
River of »S/. Laurence^ and within the
Gulph of the fame Name, were in Aca^
die, but agreed to remain under the French
Jurifdidtlon, notwithftanding the Country,
to which they belonged, was given up
by the preceding Article,
Here I muft obferve, that this Part of
the Xlllth Article is alfo wrongly cited
in the French Difcuffion > which is the
> more
<(
<c
(C
«c
fii
H
Hi I
[48]
more inexcufable, as the Author mull: have
known, that the £«^///6 Commiflaries, in
their Memorials, had before complained
of its having been fo wrongly cited by
the French Commiffarics, who, in reclaim-
ing the Ifland of Canceau to be under the
French Jurifdidlion, as being excepted in
the Xlllth Article above-mentioned, did
for that Purpofe change the Words of
that Article, in fuch a Manner, as to
make the Exception therein contained ex-
tend to all the Iflands in the Mouth of the
Gulph of St, Laurence -, whereas the Ar-
ticle in the Original excepts only the
Iflands in the Mouth of the River ^ and
within the Gulph of St, Laurence,
In this Manner the French Advocates
would curtail the Acquilition we claim
by Virtue of the Treaty of Utrecht-,
to the fTorJs of which they have ap-
pealed, yet avoided to cite the moft
effential Part ; and either mifcited or
mifconftrued all the others relative to the
Point in Queftion. How then could it
be imagined, that fuch an Attempt, to
deceive or miflead the Judgment of the
feveral
V
[49]
feveral Courts of Europe^ in which their
Memorials and this Difcuffion have been
diftributed, would have been pafled over
by Us, without that Animadverfion it de-
ferves, or without a proper Vindication of
His Majefty's Right, by a fair Reprefenta-
tion of the Letter of the Treaty, which
the Fre72ch Commiflaries, not being able
to withftand, when expofed in its true and
genuine Light, have endeavoured, if wc
may borrow the Expreffions made ufe of
in the Difcuffion, a I'offufquer^ a le fairs
difparoitre, a le noyer pour ainfi dire, &c.
But, not to dwell any longer on Cavils
of this Nature, I ihall only add this ge-
neral Obfervation, that when a Ceflion of
a Country has been made, in purfuance of
a Treaty, to queftion the Validity of the
Ceffion, merely from Criticifms on the
Words of the Treaty, will be the Means
of keeping up eternal Difputes .; Diipates
about Words, of all others the mofl tri^
fling. Therefore, to put an End to thefe,
let us now examine the Spirit of the Trea-
ty, fince the CommiiTaries of His Mofl:
Chri^ian Majefly have, in a Manner pro-
G mffed
:
■I
l\
[ 50 ]
mifed to abide by the Confequences, that
may be derived from thence.
By the Spirit of the Treaty muft be
meant the Effe(fl it ought to have towards
the End, for which it was made ; and,
to determine this, we mufl confider upon
what Motives, and in what Manner, it
was agreed upon and concluded.
The Encroachments ';f the French j,
gaining upon Us, as has been before re-
lated, from Fentagoet to St, George's
River ^ and even farther Weftwards to the
River Kemiebequi, m:^ \ have occafior*!d
frequent Difputes concerning the Limits
of fuch neighbouring Territories, pofTefTed
fometimes by one, fometimes by the other,
and often jointly by both. This made it
ncceiTary, for the Prefervation of the Har-
mony^ which v/as intended to be efta-
bliflied, that thofc bordering Diftri<fls
fhould be united under one fole Jurif-
di(5lion. For while two fuch powerful
Nations, jealous of each other, were fo
pear to each other, it cannot be iniagined
they could long live in a peaceable Si-
Juation, ■ ^
The
5?
■fc-
kc
«
cc
cc
IC
[ 51 i
The Treaty therefore was agreed upon
from the Motive of living in a more peace-
able Manner in thofe Parts, as appears
by the Preamble, which recites, ** That
it was to eftablifli an univerfal Peace
between the two Crowns, and the Sub-
jeds of both, as well without as with-
in Europe J that a peaceable Neighbour^
hood might at all Times flourifh."
But if, after this, only a Part of the
Peninfulay and that the moft diftant
from our Colonies, was to be given up as
Acadie^ what was to become of all the
near adjoining Parts ? And how could a
peaceable Neighbourhood fubfift and flou-
rifli, if the French were to remain Maf-
ters of the intermediate Space between
the Eaftern Coaft of the Peni?tfiiJa and
New-England ? Whereas, by tlie EngliJJ)
being put into PofTeflion of all Acadle,
with the Atlantkk Sea on one Side, and
the Gulph and River of St, Laure?:ce on
the other, as it's natural Boundaries, the
tv/o Nations might be fuppofed to be fo
feparated from each other, as to remove
all farther Caufe of Jealoufies. ''"'^'
Gz To
\
\\-
[52]
To this the Author of the Difcuffion
has oppofed two Confiderations, which
He mentions, as being of great Weight.
The Firft is, that, 9t the Time of
making the Treaty, it was not the In-
tention of the Parties to allow ^cadie that
Extent, which the Englijh now pretend to
give it. He cites, for that Purpofe, the An-
fwer of Lewis XIV, dated yune i o, 1 7 1 2,
to the Proportion then made by the Eng-
lijld to leave Cape-Breton^ as a neutral
Ifland, common to both Nations. He
exults over the Englijh Commiflaries, as
having themfelves produced this Aufwer;
and then, in his vsfual Method, leaves out
the material Part, for which it was pro-
duced. For firft, he pretends to quote
thefe Articles, to flicw the Intention of
the Parties, and yet does not infert the
Preamble which explains that Intention^
and which appears to have been direclly
the fame as mentioned above ; lince it
recites, " that Experience had made it
*' too vifible, how impoflible it was to
preferve Peace, in Places poffefTed in
common by the French and Englijh**
The
<c
<(
[53]
The Experience, here alluded to, wa5
their being jointly in PoffefTion of the
Ifland of St, Chnjlophers, and of the
Northern Extremity of the Continent of
America, when the Boundaries of Neiv-
Engla?2id and Acadie, being only divided
by Inland Rivers, gave Occafion to fre-
quent Hoftilities between two Rival-
Nations fo near to each other. This was
the Foundation of the EngliJJo demanding
the fole PofTeffion of the Ifland of St.
Cbnjlopher, as alfo of AH Acadie, con-
formably to its Ancient Limits ; which,
it is evident, the French King fuppofed,
at that Time, to reach to the Extremity
of the Land on the Side of the Gulph of
St. Laurence j for he proceeds, in his An-
fwer to obferve, that " the Englijh be-
ing Mafters of Acadie and Newfound-
land^ the Navigation of that Gulph
would be rendered precarious, if the
Entrance of it was not fecured by hi^
Refervation of the Ifland of Cape-Bre-
ton folely to himfelf. This implies,
that he conlidered the Gulph as fituated
between two Territories, of which the
Englijh
t
c<
<c
«
<c
cc
«
!i ^?
[
' i
cc
cc
<c
cc
cc
cc
cc
ffc
tS4]
Englijh were to be pofTefTed, by the
Treaty. And this is more manifeftly
explained by the Provifo he offers,
which the French Advocate has alfo
thought fit not to mention, namely.
That the Fortifications He intended to
ered: at Cape-Breton and on the Iflands
in the Mouth of the River, and in the
Gulpb of St, Laurence, were made
only for the Security of the Country,
and could never be of any Detriment
to the Neighbouring Illes and Pro-
vinces." From hence nothing can be
more plain than that Lewis XIV. con-
fidered Acadie as being in the Neighbour-
hood of the River and of the Gulph of
St, Laurence, agreeably to the Northern
and Eaftern Limits the Englijh Commif^
faries have all along afcribed to it : And
as to the Intent of the Parties with refpe<5l:
to the Weftern Limits, we may appeal to
the farther Propofals made by Lewis XIV.'
in the fame Memorial of the loth of
yune above cited, and in another dated in
September following ; in both which He
offers an equivalent for Acadie^ " which
.. if
'.*,.
* «'
1 i \
C(
<c
C(
i(
[ 55 ] .
if confented to by the Qaeen of GreaU
Britain^ the River St. George fhould
thereafter be the Boundary, as the Eng-^
li/hhsid formerly pretended." Obferve
that thefe were Anfwers to a Memorial
that had been delivered by the Court of
Great-Britain dated the 29th of May
17 1 2 5 wherein the Ceflion of Nova--
Scotia or Acadie was demanded, in ge-
neral Terms, according to its ancient
Limits, well underflanding, that as thefe
had been fixed by former Treaties, there
would be lefs Room for Difputes than if
they were to be fettled by any new Agree-
ment J and it was the French King who
thus pointed out its particular Boundaries.
Thefe, in his Opinion, were the antient
Limits of that Acadie which he was go-
ing to transfer to Us, and confecjuently
the Grant of it muft be taken according
to the Intention of the Parties at the Time
of making it, and by the Rule of Con-
ftrudion ftrongly againft hiqi wj^o.^ makes
it.
Having explained what was the Inten^
tign of the Parties at the Time of con-
cluding
i#
[ 56 ] •
eluding the Treaty, I fliall proceed to
confider the Manner of its Execution^
which was the fccond Point propofed by
the French Author, as being of great
Weight in this Difcuffion : Upon this.
He obferves, that from the Conclufion of
the Treaty of Utrecht^ to the Conclufion
of the late Treaty of Aix- la- Chape Iky the
Englijh never pretended to make Settle-
ments in the Gulph of St, Laurence,
If the Iflands in the Gulph are here
meant, it is true, the Englijh have formed
no Pretenfions thereto, flridiy adhering
to what was flipulated by the Xlllth Ar-
ticle of the Treaty of Utrecht : But if,
by this vague Expreflion, it is meant, that
We never form'd any Pretenfions to the
Continent bounded by the Gulph of St.
Laurence, it will appear, on the contrary,
by the moft conclufive Evidence, that
the Englifh not only formed Pretenfions,
but adlually took PofTefiion both of that
Part of the Continent, as alfo of all the
Coafts round the Bay of Fundi, and of
jiie Whole Peninfula, under the Name
of
f I;
[ 57 ]
of Nova-Scotia or Acadie, by Virtue of
the Ceflion made immediately after the
Treaty. And with Regard to the French
being fuffered peaceably and quietly to
enjoy the Settlements they had before
made therein, as fuggefted by the French
Author, it is manifeftly to be accounted
for, upon the Terms, that were ftipu-
lated by the XlVth Article of the fame
Treaty, which he has entirely omitted to
make any Mention of, although material
to the Point in Queftion, and whereby it
was provided, " That in all the Places
and Colonies to be yielded and reftored
by the Moft Chriftian King in purfu-
ance of this Treaty, his Subjeds might
have Liberty to remove themfeh'cs
within a Year to any other Piacr, as
they {hould think fit, together with all
** their moveable Effeds ; but thofe who
were willing to remain there, and to
be fubjed to the Kingdom of Greats
Britain^ fhould enjoy the free Exer-
cife of their Religion, according to the
" Ufage of the Church of Romey as far
H " as
i
(C
cc
cc
«
cc
<c
cc
cc
cc
cc
If
1 i
!' f
?
[58]
** as the Laws of Great -Britain would
** allow the fame."
In purfuance of this Agreement, the
French had their Option, cither to quit the
Country, or to remain Subjeds of the
Crown of Great' Britain y upon the Con-
ditions above-mentioned. And, iince the
Tranfailions hereupon are very material,
I (hall beg Leave briefly to ftate them from
the authentick Records, now in the Pof-
feflion of the Board for Trade and Plan-
tations.
We find, that immediately after the
Ratification of this Treaty, Notice of it
had been fent to Francis Nichol/ony Efq;
at that Time the Englijh Governor of
Nova-Scotia j and to Mr. St, Ovide^ the
French Commandant at Louijhourg :
Whereupon Commiflaries were appoint-
ed, on each Side, for carrying the fame
into Execution ; who, as appears, by their
Report of the 30th of Auguji 17 14, went
t3 Port-Royal^ MinaSy Beaubajiny Cope^
quid, and feveral other Places on theCoafts,
and inland Parts, oi Nova-Scotia, at each
of
1!
I
'ould
of
[ 59 ]
of which they affembled together all the
Inhabitants, to whom they read the Trea-
ty, together with the Queen of Eng^
lancts Letter, promifing them her Pro-
tedlion, and the free Exercifc of their
Religion, in Cafe they would abide under
the EngUjh Government j after which they
read the Propofal made by His Moft
Chriftian Majefty Lewis XIV. promifing
to all, that would continue his Subjedls,
and go to Louijhourg^ to furnifh Ships of
Tranfport for them and their EfFe(^s, with
Provifion£ for a Twelvemonth, and an
Exemption from all Duties upon the
Trade, that they fhould carry on in the
faid Ifland for the Space of Ten Years.— ^
In purfuance of thefe Promifes, fuch of
the French Inhabitants, as were willing
to continue the Subjedts of His Moft
Chriftian Majefty, figned a Declaration
expreffing the fame, and were foon after
tranfported with their EfFcds to Loutf--
bourg.
With Regard to thofe,who were content
to abide under the Englijh Government,
a 2 no-*
w «l^
r . i
\ 1
i->
[ 60 ]
nothing more was required, at that Time,'
than their taking and fubfcribing an Oath,
whereby they promifed and fwore to be
faithful and bear true Allegiance to Her
Mujefty the Queen of Great- Britain.
Upon Her Majefly's Demife, Officers
were appointed to go round to all the
iPlaces of chief Note, to proclaim His
Majefty King George I. King of Great-
Britain^ and Sovereign of Nova-Scotia 5
which Proclamation was accordingly made
in the Months of M^rt:^ and Aprils ^7^5^
at Annafolis-Royal, BeaubaJJiriy St, yohn,
and Pentagoet ; and the Oaths, as above,
refpedively taken, and fubfcribed, by the
French and Englijh Inhabitants in thofe
Places.
The fame Ceremony was performed
upon the Acceflion of our prefent Moft
Gracious Sovereign George II. in the
Months of September and Odlober^ ^T^Jy
at Annapolis-Royal^ Chinedlou^ Minas^ Pi-
Jiquid, and St, John,
In this Manner Poffeffion was taken,
an4 the Right of Sovereignty kept up, in
[61]
ail the interior Parts of the Feninfula^
and round all the Coafts of the Bay of
Fundi, agreeably to what is claimed by
Virtue of the Treaty of Utrecht. And
the French Advocate, by thus reminding
Us of the Manner, in which it was exe-
cuted, has given Us an Opportunity com-
pleatly to overthrow the whole Syftem of
confining Acadie to the narrow Limits,
to which the French Commiffaries would
reduce it : For it refults from hence,—
That fuch of the French Inhabitants of
the feverai Diftridts above-mentioned,who
went away at the Time of the Treaty
of Utrecht y acknowledged, by that De-
fertion, their Settlements to be tranf-
ferred to our Dominion : — Thofe, who
remained, and accepted our Terms, have,
by that Submiflion, acknowledged the
fame : — And laftly, thofe, who have
been found within thofe Territories, with-
out complying with Our Terms, have
been warned by Us to quit their Settle-
ments, in Confequence of the fame Right
qX Sovereignty hitherto kept up and ex-
ercifc'd
; ,
\ ^ M
•i (H
I
I
I '■■ ?
', ■
I
1*
[62]
crclfed by Us ever fmce the Treaty, This
is what the Author of the Difcuffion
calls changing and overthrowing all the
PofTeffions of the French in America^
banifhing them from thence, and expof^ng
all Europe to fee the Fire of War kindled
by fuch Enterprizes.
But the Enterprizes, to fpeak more
properly, that have brought the two Na-
tions to thv^ Brink of War, are thofe
unjuftifiable Encroachments, which the
iPrench have made on the very Diftrids,
to which we have evidently proved our
Right. Witnefs, their having built the
Fort of Beau-fejour on the Ifthmus of the
Peninfula^ the Fort of Gajpereau on the
Bay called Bay-Vertey and their eftabliih-
ing a Fort and Garrifon on the River St,
Johriy which the French Author feems to
jviftify, from its Utility in opening a Com-
munication between Low/jfo«r^ and ^^-
bec. But what muft appear to the World
unwarrantable, in every View, is, that
all the Forts abovementioned have been
creded finee the Treaty of Aix-la-Char^
pelle %
r.'i
M
[63]
pelte ', they have been ere(fled on Diftridls,
the Right to which was fubmitted to be
decided by an amicable Negociation ; and
they have been eredled even during the
Time that Negociation was carrying on.
This muft imply a premeditated Defign
of maintaining the Pofleflion, even though
the Right ihould be decided againfl it j
and this will fufficiently juftify his Ma-
jefty in demoliftiing thofe Forts by the
Force of Arms, after having eftablifhed
his Right by the Force of Reafon.
Here then we may reft the Queftion ;
?.nd to that Purpofe, in like Manner, as
in the French Difcuflion, I have endea-
voured to reduce the Arguments, on both
Sides, into as fhort a Compafs, as was
confiftent with the neceflary Explanation
of the Points in Difpute : With this
Difference, That, as the French Abftradl
has followed the Plan of their Memo-
rials, in half-citing and quite mifconftruing
the Articles of the Treaty, on which the
Difcuffion is founded; this Treatife ha^
purfued the nobler Example fliewn in the
Englijh
u I
i
iS
:)«!
S. • 1
^^l
1,
¥ '^
«i *:
[64]
Englijh Memorials, in openly defcribing
'what We claim, and in fairly producing
the Arguments in Support of it : With
this further Difference alfo, That, as the
French Author founds the Alarm to all the
Courts of Europe, infinuating to them their
own imaginary Danger, and calling out
for their Joint- Aid to reduce the All-en-
groffing Power of the Englijh ; We^ on
,our Side, confine the Difpute fingly, as it
^ ought to be, between the Cromi of France
and ourfelves j Far from deliring to in-
volve all Europe in a general War, We
aft only in our own Defence, and make
Rcprifals for the Injuries We have re-
ceived from thofe, who have invaded
our Rights, and were the First
J^.G G R E s s o R s in the Quarrel. So that,
if any of the neighbouring Powers fhould
thbk it neceiTary to take a Part in the
Difpute, they will find, from che Reafons
here produced, that, by liding with Us,
' they will fide with the Caufe of Truth asid
Juftice.
F J N t S,
■f
i
ing
ath
the
the
leir
out
en^
on
s it
mce
in-
Wa
^ke
re-
ied
3 T
laty
aid
the
ms
Js,
md
ft
I
J,