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 HEGlWlxNG, PROGRESS, and CONCLUSION 
 
 OP r n E 
 
 L A T K W A R, 
 
 W 1 T 51 
 
 OTHER INTERESTING MATTERS CONSIDERED; 
 
 A N D 
 
 A MAP OF THE LANDS, ISLANDS, GULPHS, SEAS, 
 
 AND FiSHING-BANKS, COMPRISING THE COD 
 
 FISHERY IN AMERICa ANNEXED, FOR THE 
 
 BETTER EXPLANATION OF SEVERAL 
 
 PROCEEDINGS RELATIVE TO IT. 
 
 MAGNA EST VERITAS, ET P R yE V A I. F B I T. 
 
 MtMiW.PaiHV - -.'rrx'*/^*- ■m^'Tt ■* •• ^W ^ ' ■:■ — ;-wr— i«nv •*»" 
 
 "•••JB^^i^'T^' ' •- '■■■ ■njuw i ■ - ■iwir^Mgjf'^ ifw.im. T y ^^T^— ^'w 
 
 L O N D O N ; 
 
 VKINTED FOR J. ALMON, Ol^POSl'J'E BUI^^J^'GTO^' i IOi?SF,, 
 
 I'lCCADILEY. MDr.cixx. 
 
i 
 
 i 
 
 3 
 
I 
 
 [ X ] 
 
 T II t 
 
 BEGINING, PROGRESS, and CONCLUSION, 
 
 O F T H E 
 
 LATE WAR, 
 
 Sec, 
 
 I Tl STORY, rcafon, and nature, clearly evince, that 
 jl^ empires in courfe decline, when they do not ad- 
 vance in counfel and ftrength — that the more extenfive they 
 are, the greater care and wifdom are neceflary to govern and 
 prelervediem, when compofed of diftind parts diftant from 
 each other, whofe feparation caufing delufivc appearance of 
 diilina intcrefts, tends to promote, on certain occafions, 
 their difunion, \\ith their confeqiicnt fcverance, diflrefs, and 
 danger, if not their utter ruin — that empires advance in dig- 
 nity", fcrength, and fafcty, by obierving the wife and pro- 
 vident counfels given by men oi^ noble minds, endued and 
 ndpiritcd with pliblic vert\ie, and public knowledge, tlie true 
 iind only foiuxesoflafting public felicity— that when through 
 caprice, intrigue, perfonal favour fupplanting pergonal merit 
 and ability, or other grievous error, the care of the com- 
 mon-wealth is committed to men unqualiiied for tliis great 
 nnd difficult ferviee, public mifchief, difcord, and danger, 
 do as naturally cniue. asother cfFeds flow from their caufes — 
 
 ' B ^^^^^ 
 
[ 2 3 
 
 that In limltcJ monarchies the wifcfl: infUtiitions will not 
 fufhcc to prcfcrvc public liberty tree from violation, and the 
 ufiial accroaciiinirs of power, without the aid ot jealoufy, 
 \ igilance, and I'pirit in the people, proper tor the eft'edual 
 tlellnee of the public riglus, when injured or endangered by 
 anibiilon, corrujition, fraud, or violence — that the power of 
 ilic con\ni(Mi-weahh l)eing in the hands of men prepared for 
 v.ar at tlie public evpcnce, and fo many free Hates having 
 been dcdroyed by the men appointed for their defence, but 
 vvliofe fvvords N\ere employed in fpilling the blood of the 
 moll nol)le bodies politic, and the utter o\'erthrow of civil 
 liberty, the ftrideft limitations, with their conftant obfer- 
 vance in execution, are requifitc to prevent the abiife of 
 their force, and departure from the intent of their inftitution, 
 fo that they, as well as the Prince, may remain y//^ Deo el 
 Ic^rc^ and the empire of the laws prevail over all — that with- 
 o\it tree national ele(5lion, ancient forms, colledled numbers, 
 and other fpecious appearances, are mere phantafms of de- 
 jiarted freedom— that by concord fuiall things become great ; 
 by difeord the greateft decline : wherefore a juft and perma- 
 nent fenfe of the feveral caufes of our national difeord, dc- 
 clenfion, and dangers, foreign and domeftic, is defirable, 
 in order to difcern and apply thofe falutary meafures which 
 tend to conferve the flatc. 
 
 With refpecl to our foreign dangers, let us, in order to 
 have a proper fenfe of them and their caufes, refled on our 
 late wars. Spain, by her extravagant claims, repeated in- 
 fidts, and violation of our Ame?'ican riglits ol commerce and 
 navigation, brought on that which was concluded in 1748. 
 After its continuance feveral years, France^ although the na- 
 vigation v»'e contended for was to be enjoyed in like manner 
 l>y ctlier European ftates who Jiad planted colonies in Atm^ 
 rica^ united v/ith Spabu^ with intent, by their joint force, to 
 diilrefs and prevail over us, and promote her own intereft, 
 crpcciaily in yi?/ie?'ica^ where flie opened the war by taking 
 Cr:?ijo, a part of Nova Scotia^ defended by a fmall fort 
 
 and 
 
 

 [ 3 J 
 
 antl garriron for tlicheiiclit of \\\q En^Hp fiHiery : the fort: 
 llu' burnt, and carried ihc garrifon piilbncrs X.o'Lrji{}JlnrH'>. 
 She ihcii laid ficge Ko Annapolis^ the fole remaining flreiiQtli 
 w hereby Nova Scotia was held ; but this, and a fublequent 
 aitempr, were happily defeated by fpccdy fuecours fent from 
 Boftofi. For ilhiftration in feveral refpeds, let it be remem- 
 bered, that France^ whofe policy leads her to confider the 
 advantages of fituation, had, from the firft fettlement of the* 
 Ryfgii/Jj and French in America^ endeavoured to gain Nova 
 Scotia^ being by fituation relati\'c to tlie EngUjlj and French 
 colonies, the cod iifliery, and the courfeof the European lliips 
 bringing home the American produce, deemed by her the key 
 ot North America^ and ufeful to her piirpofe of encrealing her 
 commerce, dominion, and naval power, and deprelllng tliofc 
 of the EngiiJJ.). 
 
 In the reign of Qiicen Elizabeth^ the fovcreign dominion 15^^;^. 
 over the iiland of Ne^wfonndland^ with that part of the con- 
 tinent flrft called Arcadia^ thence ykadia, and Acadic, and 
 afterwards Nova Scotia^ was by folemn proceedings notorious 
 to other European princes confirmed, and eftablilhcd in tJie 
 crown of England. In the next reign the French im-adcd 
 and held Acadiaj until expelled by the governor of Vir- 
 
 ginia. 
 
 Afterwards King y<r7;7/t?j granted all that part of ^/V/tr/vr^Novcm. 
 extending in breadth from the 40th to the 48th degree of '^^^' 
 North latitude incluflvc, and in length throughout the main 
 land from fea to fea, with the iflands and feas adjoining, to 
 the council efiabliflicd at Plymouth^ for planting and govern- 
 ing A>cj England., which grant comprifed all Acadia^ faving 
 a fmall part lying S. W. of Anticojli ifland. 
 
 In the next year his Tvlajefly granted the whole to Sir Z/^"/-- Stptem. 
 Ham Alexander by circumfcribed limits, " including the ^^^^" 
 *' iflands oi Baccalaos, or Cape 5r/V/(?;/, with the iflands or feas 
 '* lying near or within fix leagues of any part of the fame on the 
 '* Weilern, Northern, or Eaftern parts of the coaft thereof, 
 **and on the S. E. where Cape Britton licth, and on the 
 
 " Southern 
 
 20. 
 
 X?, 
 
July I?., 
 
 M.'ich 2.Q, 
 
 2M-. 
 
 jt54. 
 
 I '•J 'J 7 
 
 i; >'; 
 
 [ 4 ] 
 
 « Soiitlicrn part of the fame where Cape Sa3/e is, all feas and 
 '' iflands towards the South, within fortv leagues of the 
 «« f.iid fhorc^^^ of the lame, including the ifle of Sai^Ie, to be 
 ** called in all future times Nova Scotia in America^ and to be 
 *' held of the crown of Scotlajtd. 
 
 King Charles confirmed this grant ; and, to promote the 
 fjttlcment of a colony, created 150 baronets, to which their 
 aids were appropriated, without due application to this fer~ 
 \ice ; however, fome fettlement at Port Royal, with a fort 
 i;;r its defence, was made by ^\x William Alexander, by whofe 
 leave Claud de la Tour, and his fon Charles, for their own 
 ufe, made a fettlement, and built a ftrong fort upon St. John s 
 river, called Fort La Tou-, King Charles, upon his mar- 
 riage, ceded the whole to France, Afterwards war breaking 
 ou? between the two crowns in the years 1627 and 1628, 
 Nova Scotia, ^ichec, and the whole region of Canada, were 
 reduced to the obedience of King Charles, and Nova Scotia 
 v/as a^'-ain poirelied by Sir IFilliam Alexander, who in the 
 year 1630 conveyed to 6"/^/^^ de la Tour, and his fon, all his 
 right to it, excepting Port Royal, to be held of the crown of 
 
 Scotland. , 
 
 A treaty was made at St. Germain en Laye, between the 
 Kln"-s Lewis XIH and Charles I, for the reftitution o^ New 
 Frmicc, Acadia, and Canada, which being carried into exe- 
 cution, 1 1 ij • 
 Oliver Cromwell took Acadia from the French, and held it 
 
 durinir his life. . ^; , it 
 
 By^T treaty of peace concluded at Bf'eda, Kmg Cbarics 11 
 
 no-rced to rcftore ylcadm to die French King, and in the vear 
 
 1670 rLilored the kime, extending it by his dctermmation lo 
 
 tlic river Po}whico:. 
 
 T'f.c Maifacbvfctts colony, with a proper naval and land 
 fbrce eommandcd bv Sir IFilUam Phips, reduced Port Royal, 
 and all Nova Scviia, or Acadia, to the obedience ot King 
 
 Wiiliun and <^iecn Mary. 
 
 ]^.y 
 
M 
 
 .,1 
 
 C 5 ] 
 
 Bv thetrcatvof rcaccconcludcd at, A't/cc/Vi licnvam ihck.ngs s 
 ff-M.m III. and Lewis XIV. it was agreed, tk't mutual rcft,- 
 tutionlliould be made of all the countries, iorts, and eolo- 
 nies, taken by eaeh party during the war ; whereupon Nova 
 &.;/■« u-as again rcftored to the i'm;r/n 
 
 CJcneral Nkho/fon, with forces fent from E>.-M ..mftc 
 by others raifed by the Maffach.Jl'tts colony, reduced a,l 
 Nova Scoria, or Acadia to the obedience ot queen ylw;c. 
 
 By the treaty of peace concluded at Ulredt the Frc.cf, 
 kin;, yielded and made over to the queen of Grcaf-Bntam 
 and her crown for ever, " all Nova Scotia, ovAcadu,, with 
 " its antient boundaries, and that in fuch ^^.n\pl= "?^""" =)" j 
 " form, that the fubjcfts of the moft anA'«« king A^ou d 
 " thereafter be exck^dcd from all kind of hftiing m the i a 
 « bavs, and other places on th. coafts of Nova &^" '^> '" 
 <■ is to lav, on thofe which lie towards the ^aft with n tl.r 
 " leagues, bcglning from the illand commonly called Sa^e 
 " inctufivcly, and thence ftrctching along towards the 
 " S. W." But the French havhig from time to time ta.cen 
 every method their policy could dictate for gaining as large 
 Jn^W as polVible \( tlfe Newfoundland and I^^vaSco.a 
 ilheries, to'the prejudice of the Engf m P°;'" f -':/^"- 
 tlcnt ritrht, theii commerce and naval power by the r talents 
 n ne"o ta ion, and the ftate of the Englf councils they 
 „ : prevailed'fo far over the Ensl.fi minifters - to obtain a 
 ceifion of Cape Breton, though part of ^"'^•^f 7^^' ^f^* 
 the iilands in 'the gulph and mouth of the ";" f • f ~;' 
 and exprefs liberty to fortify any place or places tl^^'^' °g^- 
 ther with liberty to catch fill, and ^n; then, on ha pa^^^ of 
 Newfoundland Jxtending from Cape Donavfla t" _^"tta 
 part of the iiland, and thence weftward to Point Ruk. 
 ^ The original right of the Englif^ to Ne^ojM and 
 A^lia, wkh the 'adjacent iilands feas, and fia.eries wa 
 acquired under the authoritv of king HenryVXlA^J^ 
 cLts who difc.Acred thefe covuUn.s, ^ith the continent 
 Lat>ots, ^vl^o uuca^ ,<.,.u fo the 28th dcOTce of North 
 
 extending from the s6th or 501,1 to the 2&tn (Rj, j,^^j^^^j^,^ 
 
 ;i tfii). I'\ 
 
 1-10. 
 
 I7U- 
 
f 
 
 [ 6 ] 
 
 latitude, !ku ing, as the learned Biitrigar'ius^ the popes leg;i(:e 
 in Spa!;:, informs us, refreilied tliemfchcs at Nc-jofoimdlandy 
 this difcovcrv being made before the Spaniards hid difcovered 
 there was a contingent in the nev/ world. The Portugueje, 
 Spa?2ij7.jj and French filliermen reforted to Newfoundland be- 
 fore any go\'ernment v/as eflal^lilhed by the Englijh there, 
 Vvliich took place in the vear 1583, when Sir Htw^phry Gil- 
 bert, to life the Avords oi'ParmeniiiS, who accompanied hii.., 
 has rc'-rioncs in fuarn et regni Jbiglice pojJejfi07icm potejlatemqua 
 vendicavit, lalJs quihnfdam Icgibus de religione &^ objequio rc- 
 glncc/ln^licc, Mr. Hayes, captain and owner of the Golden 
 Hindc, rear admiral of Sir Himiphreys fleet, informs us, that 
 the lliips, as well E?2gliJJj as ftrangers, which fillied on the 
 coaft, ^vere taxed at an eafy rate to fupply their wants, and 
 that Sir Hmnphrcy " fignitied unto all men, that from that 
 *' time forward they fliould take the fame land as a territory 
 *' appertaining to the Qyx^^v\.oi Rngland, and himfclf autho- 
 '' rized under lier majefty to pofTefs and enjoy it, and to or- 
 *^ dain laws for the government thereof, iigreeablc (fo near 
 '' as conveniently might be) unto the laws o{ England, under 
 *' v/liieh all people coming thither thereafter, either to inha- 
 " bit, or by w^a^^ of traffic, lliould be fubjeded and governed. 
 And efpecially at the fame time for a begining, he pofed 
 and delive'-ed three laws to be in force immediately. That 
 is to fay, the firft for religion, which in public exercife 
 fliould be according to the church of England, The 2d 
 for maintenance of her majeftys right and poffeflion of 
 thofe territories, againft which, if any thing were attempted 
 prejudicial, the party or parties offending fliould be ad- 
 *' judged and executed as in cafe of high treafon, according 
 *' to the laws oi England. The 3d, if any perfon fhould 
 ^' utter words founding to the diflionour of her majefly, he 
 ** fliould lofe his ears, and have his fliip and goods confif- 
 *' cated :" and that he afterwards ereded there the arms of 
 England. Before this tranfadion ** the Eftglijb merchants 
 '* commanded all there," proceeding, the author fuppofes, 
 
 according 
 
 (C 
 
 i(, 
 u 
 
 (C 
 
[ 7 ] 
 
 accordln<» to their difci'ction., as theoccaficns of the trauc and 
 Hihcry required. Captain IVhitbourtic^ in a trcatllc piiLliilicd 
 by order of tiic lords ot the council, and reconimcndcd by 
 king yunics and them, in order to incite his maj-^riys fub- 
 jeds to promote the Tettlement of Ncivfoiuicllanil^ inforiiis iis, 
 that he was prefent at ^^ir Hmnphrcy Gilleri^ aiitlioritarisc 
 proceeding there in 15(^3, and that about two years after, 
 making another voyage thither, he was there '' when (to 
 " ufe his own words) one Sir Bernard Drake., of Devon/hire^ 
 *' knight, came thither with a commiilion, and ha\ ing divers 
 ** good lliips under his command, he there took many Por- 
 '' tugal ^{t^s laden with fiili and train-oil, and brought IJieni 
 ** into England -^i^ prizes.' 
 
 Jn the reimi of kins '^fames I. feveral colonics were dc- 
 iigned, and in part eftabliflied in Newfounnland^ many per- 
 fons being at great expcnfe deduced thither by the earl of 
 Northampto7t^ and others his alTociates, to whom the king 
 granted *' all thofe countries, lands, and iflands, commonly 
 ** called j/Veivfounaiand^ lituate between 46 and 52 degrees 
 *' of northerly latitude," by lord Fanlkland^ when command- 
 ing in Ireland \ by Sir George Caivert ; by Dr. Vaiighan^ 
 and others ; the two perfons laft named having refided there 
 fome time. 
 
 Captain IVhitbcunte^ in his approved treatife, fays, ** In 
 ** the year 161 5 I returned again to Newfoundland^ carrying 
 ** with me a commiilion out of the high court of admiraltv, 
 *' authorizing me to Impannel juries, and to make enquiry 
 *' upon oath of fundrv abufes and dlforders co . mited 
 *' amongfl iiiliermcn yearly upon that coaft, and of the fiteft 
 ** means to redj-efs the fame, with fome other ])oints having 
 ** a more particular relation to the office of the lord admiral.'' 
 Afterwards in the difcourfe he informs the kinir thit in the 
 month of June, in Trinitv bay, he began to the ufe of his ma- 
 jefty to execute his commiilion ; by precept called the maflers 
 of iheii/z^/z/Z^fiiips that were near thereunto— that in other har- 
 bours he did the like— that the juries iinpannelled weie com- 
 ix) fi;(l 
 
[ 8 ] 
 
 ])()H;d of I 7oniarxcrs of lliips— that hv their prefcntments under 
 I heir hands and ilals thev prefented fundrv abufes commited 
 in tiie illherv, which prefcntments at liis return he deUvered 
 into the high court of admiralty. 
 
 B'lihop Bufi;ctfy after ohferving that theEng/iiJby from king 
 Henry ytli's time, had always pretended that the right to 
 Neivfotmdland was in the crown of England ^ favs, " The 
 French had lea\c given them in Charles Ift's time to filh 
 there, paving tribute as an acknowledgment of that licence : 
 it is true they carried this much further during the civil 
 WcU-s ; and this grew to a much greater heighth in the 
 reiirn of kinf>- Charles II. but in kinor Wtllia7n% time an a6l 
 of parliament paiTed aflertuig the right of the crown to 
 Ncv:fo:nidlandy laving open the trade thither to all the fub- 
 jecls of G?raf-Bf ifain, with a pofitive and conftant exclu- 
 sion of all aliens and foreicrners." What relates to this 
 
 CD 
 
 matter is thus exprclled in the a«5l. ** Whereas the trade of 
 and iiihing at Ncivfoundland is a beneficial trade to this 
 kingdom, not only in the employing great numbers of fea- 
 men and llii,ps, and exporting and confuming great quali- 
 ties of proviiions and manufactures of this realm, whereby 
 many tradefmen and poor artificers are kept at work, but 
 alfc) in brintringr Into this nation, by returns of the effefts 
 of the (aid iillierv from other countries, great quantities of 
 v\'i e, oil, plate, iron, wool, and fundry other ufeful com- 
 modities, to the encrcafe of his majeflvs revenue, and the 
 enconrao"enicnt of trade and naxi'jation : Be it enabled by 
 the kiiif^s mofi: excellent maic.fl v, bv and with the advice and 
 confcnt of ihe lords fpiriiual and temporal, and commons in 
 this p'-cicHj-jarliai-nc nt affcnablcd, and bvtheauthoritvofthe 
 i imc, I'h.it; from hencefo'th it fliall and may be lawful for 
 all his ma cft\"s iubiccts refuiincr within this his realm of 
 Rn^larid , or the dominions iliereunto belono'incr, tradino- 
 { r that fliall trade, to N'e-vfoiindla/id, and the feas, ri\ers, 
 1. kjs, creeks, harbours, in ox whoM^ Nt'ivfutridland^ or anv 
 
 of 
 
 T Hiilor^- of liis cr.-n tim\ vo'. :■ -p. 619. 
 
[ 9 ] 
 
 <* of the i Hands adjoining or adjacent thereunto, to have, 
 " ufe, and enjoy the free trade and traffic, and art of 
 " merchandize and fifhery to and from Newfotmdla?jdy and 
 " peaceably to have, ufe, and enjoy the freedom of taking 
 " bait, and fifliing in any of the rivers, lakes, creeks, 
 " harbours, or roads, in or about Newfoimdlaiid^ or any 
 " of the faid i Hands, for the curing, falting, drying, and 
 " hufbanding of their fifh, and for making of oil, and to 
 " cut down wood and trees there for building and making 
 or repairing of ftages, fhip-rooms, trainfats, hurdles, 
 fhips, boats, and other neceflaries for themfelves and 
 " their fervants, feamen and iifliermen, and all other 
 things which may be ufeful or advantageous to their 
 fifhing trade, as fully and freely as at any time hereto- 
 fore hath been ufed or enjoyed there by any of the fub- 
 jeds of his majeflys predecefTors, without any hindrance, 
 interruption, denial or difturbance of or from any perfon 
 or perfons whatfoever ; and that no cdieji or Jlt^angcr 
 whatjoever (not refiding within the kingdom of Rjighindy 
 ** dominion of Wales^ or town of Berwick upon Tweed) 
 fhall at any time hereafter take any bait, or ufe any fort 
 of trade of lifhing whatfoever in Newfoundland^ or in 
 " any of the faid iflands or places above-mentioned."* 
 
 After this ratification of the RngUfj right to Newfotwd- 
 la?id^ with the adjacent feas, iflands and lifhcry made by 
 the king and parliament, who doubtlefs duly confidered all 
 former tranfa^lions refpedting the fame, whereof part was 
 jirobably better known to them than at prefent, it is need- 
 lefs to obferve that the licence given by king Charles I. 
 to the French to fifli there, paying tribute, was in its na- 
 ture controllable, and declaratory of the EngUfj right; 
 that the encroachments made by the Fre?ich in our civil 
 wars, and in the reign of king Charles 11. much aug- 
 mented, gave them no jufl: right, and that the indulgence 
 or inattention of tlie EngliJJ} m particular early or fubfc- 
 quent times gave to the Fortu^rueje, Spaniards, or French no 
 
 b juft 
 
 " icth and nth Will. 3d, Cap. 25. 
 
 (( 
 
 a 
 
 cc 
 
 (( 
 
 ii 
 
 a 
 
 (( 
 
 (C 
 
 t( 
 
 (C 
 
 (( 
 
 m 
 
[ 'O ] 
 
 juft permanent claim, though the like pretcnfions; or that 
 the value of Ne%vfoiindla?id to the E?tgliJJj depends on their 
 enjoyment of the fiihcry: And, in farther illiiftration of 
 the injurious natiu'e of thefe cellions, made by the Utrecht 
 treaty, let us remember that in the year 171 7 the houfe of 
 commons declared that by them " that beneficial branch 
 " oi trade always efteemed the great fupport of the naval 
 '' po\ver, and the chief nurfery of the fearnen of Great 
 *' Britain^ was yielded up to the fubjedls of Fra?jce'^ 
 
 The war concluded by the treaty complained of was 
 waged by the queen o^ Great-Britain^ and her numerous 
 allies, in order effedtually to prevent the union of the Fre?jch 
 and Spa?njh monarchies, in the courfe whereof the queen 
 caufcd it to be reprelented to the Fre?ich king that " all the 
 " powx^rs of Europe were equally perfuaded that it was for 
 " their general intereft, and for their common fecurity, to 
 '' continue a war whereof no one could forfee the end, ra- 
 *' thcr than to be expofed to behold the fame prince become 
 *' on':; day mafter ol" two monarchies fo powerful as thofe of 
 *' Frafice^w^ Spain.'' Yet although the confcderare arms vvTre 
 favoured with fuch unparalelled fucceil'es as exceeded even their 
 own hopes, and the fears of the enemy, and by many fignal vic- 
 tories and conquefts, and great advantages obtained by fea as 
 wxll as land, with " the wifdom and unanimity of their counfels, 
 the glory of the confederate aims, and the reputation of 
 Great-Britain in particular, was raifed to an higher pitch 
 than in any former age," the BritiJJj minifters in conclu- 
 {ion acquiefced in nicer paper feparations of the two monar- 
 chies, and inftead of maintaining the Briti/Jj right to the 
 American fifliery, as national juflice and found policy re- 
 quired, by thefe ceflions in favour of France they gave fuch 
 a grievous wound to the naval power of their country as 
 other minifters have not, even with the aid of more impor- 
 tant and dorious fucceiTes, lince healed. 
 
 The French afterwards improved their iifhing trade with 
 fo great diligence that it maintained them 27000 men, and 
 
 produced 
 
 <( 
 
 (( 
 
 (C 
 
t 
 
 5' 
 
 [ " ] 
 
 produced them yearly fifli and oil to the amount of a million 
 flerling, or thereabouts, bciides the benefits of other trodes 
 depending on the iifhery, the llfhermen in courfc becoming 
 feamen ; and to increafe this nurfery as far as pofTible the 
 whole was put and kept under the wifcft regulations, fur- 
 pafilng the provifions of the E;;g///Ij, wJiofS whole cod fi- 
 lliery, including that of ATew Ejtgtajid, employed at the 
 fame time but about half the number of men. The account 
 of the Frc7ich fiflicry was taken with great care in the year 
 1745, after the fuccefs of the Cape Bremi expedition, by a 
 gentleman extremely well qualified for this fervice, under the 
 prefent authors iufpedion, who clofed with his own hand 
 the original fent to the government, which he prefumes now 
 lyesinfome of the public oi^^ces.— That all nations are 
 powerful at fea in proportion to their concern in the fiihing 
 trade is an ancient maxim, and it is fubmited to the intel- 
 ligent to declare how far the Fre7ich fleets employed in our 
 two late wars were maned by feamen raifed out of that fi- 
 fhery which of right belonged to the E??glip, and how far 
 the continued pofTefTion of the whole would have profited 
 them in point of commerce and naval ftrength ; after ob- 
 ferving that in common political calculation it has been fup- 
 pofed to exceed in value to a maritime power ail the treafures 
 oi Mexico and Peru. 
 
 Having flated the proceedings relative to Nova Scotia and 
 Nev:fotmdla7id, let us return to the war begun by F7'auce in 
 1744. Her defigns to reduce Nova Scotia this year beino- 
 fruftrated by the Majfachufetts fuccours, Monf Du Fivier, 
 who took Ca7ifo, and befieged A7mapolis^ proceeded with 
 Monf De Ic Bras and others to Fra?ice^ to concert meafures 
 for the redudion of Nova Scotia, the ravage of the £;/^///?? 
 iifhery, and the farther profecution of the war. The 
 FreTich minifters approving this defign fix or feven fhips of 
 war were p^repared, and difpatchcd in the fpring, with 
 Monf Du Vivier and others, whereby Nova Scotia and tlie 
 E77glij]j iiihery would have been brought into extreme danger; 
 
 but 
 
[ " 1 
 
 but being informed in their paflligc tliat Cape Breton was 
 taken by the EngUjli^ who had a flrong fquadron there, they 
 returned. 
 
 The provincial merits and hardfliips, with the public be- 
 nefits of the Cape Breton expedition having been reprefented 
 with care and authenticity to the parliament and the pub- 
 lic, it may here fuffice to fay that by it Nova Scotia and the 
 E?igUp filhery were preferved, and other dangers to their 
 trade and territories averted, the city of Louijbourg^ de- 
 fended by an hundred cannon mounted, befides one battery 
 of twenty-eight guns, 42 pounders, and two 18 pounders, 
 and another of thirty cannon, 28 pounders, with all its 
 dependencies, taken from the enemy, their fifhery was 
 broken up, and their trade and navigation fuffered, ufeful 
 information was gained for making future conquefts, and 
 the EjigliJJj were in no fmall degree enabled to conclude a 
 peace after waging, with their allies, an unfuccefsful war 
 in other parts — That the Majfachufetts province, who 
 folcly undertook, and chiefly maintained tliis expedition, 
 brought by it a fharp war into their own borders from 
 the Fre7ich at Canada^ and their hidian allies, and great 
 diftrefs arifuig various ways was fcveral years the fruit of 
 their expedition ; the fenfe of their fufTerings being aggra- 
 vated by confidering that ruin would have been their por- 
 tion it it had failed of fuccefs, oi which there was great 
 danger at the departure of the troops without the expected 
 naval force, as the matter appeared to the author, who 
 then offered to go with them; and the naval force which 
 at length arrived came by royal order, given upon re- 
 ceiving Mr. Shirley^ fifth letter of information, four fimi- 
 lar letters being taken by the enemy ; and Loiiifbourg was 
 in a good meafure reduced by 421b. ball, carried from 
 BojQon^ and fired out of the enemies cannon taken in their 
 grand battery. 
 
 The French after their lofi'es and difapointments in this 
 quarter provided armaments from time to time for taking 
 
 Nova 
 
 \ 
 
 I 
 I 
 
 

 it 
 
 I 
 
 
 ■;■* 
 I 
 
 [ '3 ] 
 
 A/'ova Scotia^ whereof the chief was comnK-indcil hy Diiki- 
 U Aircillc^ v.'liofc iquadron was intciKhAi to be joined bv 
 four capital {hips uom Martinique. The H range and nii- 
 iorefeen difallers of this rquadron were deemed by our \\\\- 
 niflers a great providential deliverance of Nova Scotia^ an'.l 
 all the enemies defigns againfl: it proved fruitlef., althmu^h 
 the inhabitants were French by birtli or defcent, hv religion, 
 language, ciiitoms, and many by inclin.ition, and ilie In- 
 dians under French influence; fo that this important pro- 
 vince had no interior ftreni'th for its fafetv, fu.in^>- tlic 
 weak iort and garrilon of . 'binapoUs. 
 
 In the year I746, purfuant to the direclions of the King-; 
 minifters, certain mealures were propofed by the autlior, 
 and afterwards by him in conjunction with Sir Peter TVar- 
 ren and Lieutenant Governcur Clarke for ieeuriii'^ N'ova 
 ^coiia^ :i\X promoting the Britip intereft in America: thofe 
 which related to Nova Scotia were approved, but not ex- 
 ecuted, whofe execution, the author has ever been pc]-- 
 fuaded, would have prevented the hoftile invafions of 
 Nova Scotia by Fra7ice\\\\\K\\ at^hially bepan tlie iail: war. 
 
 France having, by the treaty concluded at Aix la Chapelle 
 in Ocl. 1748, obtained reftitution of Cape Breton her mi- 
 nifters foon formed and began to execute a dcfign to divide 
 and impair tlie Britijh American empire, ai.d to enable her 
 larther to diftrefs their trade and iiinery, by extend in fr her 
 territories irom the river Cavuula throuirh the main Lmd to 
 the Atlantic ocean, weftward as lar as tlie river Kcjineheck^ 
 and eaftward fo as to include all tlie main land of Nova 
 Scotia^ leaving to the E)!gHpj only part of the pcninfuLi ; 
 for the illuftration whereof, with other matters, a map is 
 licreto annexed: and although A^ova Scotia had ih often 
 pafied from nation to nation, the pi-cteniioiis of Frarce 
 amounted to this, that Great Britain v/as to iiolcl by the 
 laft ccllion made to her only a fniall part of tlie finie 
 country which had pailLd to France by ibrmcr celhoni. 
 Having already obferved that all N.rca Sci'tia or /]cc:dia^ 
 
 E \\ ith 
 
I t 
 
 [ '4 ] 
 
 with its ancient hounclarics, was ceded by the Utrecht treaty 
 to Great Britain y let us here add that when this country 
 was tiift nnmed Nova Scotia the following boundaries were 
 given to it in the grant to Sir IFilUajn AIcxa?iclcr^ to wit, 
 '' alt and linp-ular the lands of the continent, and the 
 *' iiland. in Anic7'ica within Cape Sabh\ ^yi'^^P^ i'^ forty-three 
 *' degrees iiorth latitude, or thereabouts; thence along the 
 " coaft to St. Marys bay, and thence pafTing northward 
 *' by a riglit line acrofs the gulph or bay now called Ftmdy 
 '* to the river St. Croix ^ and to the remoteft weftern fpring- 
 *' licad of the fame; whence by an imaginary line con- 
 '' ceived to run through the land northward to the next 
 road of ihips, rivxT, or fpring difcharging itfelf into the 
 great river of Canada^ and proceeding thence eaftward 
 " along the fliores of the fea of tlie laid river of Canada to 
 the road, haven, or fhore, commonly called Gafpie^ and 
 thence foutli eaftward \ye7'fus curonotu??f\ to the iflands 
 called Baccalaos or Cape Breton^ leaving the faid iflands 
 on the right, and the gulph of /aid great river of Canada^ 
 and the lands of Newfoundland^ wnth the iflands to thofe 
 " lands pertaining, on the left; and thence to the pro- 
 montory of Cape Breton aforefaid, lying near or about 
 ' the latitude of forty- five degrees, and from the faid pro- 
 montory of Cape Bj-eton towards the fouth and weft to 
 ** the aforefaid Cape Sable^ where the perambulation 
 
 Ml 
 
 (i 
 
 (( 
 
 IC 
 
 C( 
 
 l( 
 
 4C 
 
 began. 
 
 Thefc are the ancient boundaries of Nova Scotia^ afcer- 
 rciined v/ith greater precifion than is common in the ancient 
 Aiuerican grants, from which, with other matters of public 
 notoriety, it is evident, without more faying, that thi^ 
 new, ftrange conftrudion of the ceflion made to Great 
 Britain by the Utrecht treaty was incompatible with the 
 ])lain fcnfe and fpirit of it, with the fenfe of all parties 
 concerned in holding or transfering this country in former 
 times, and the fenie of the parties concerned at and from 
 xXx^'. time of making it, until this new political pretenfe 
 
 was 
 
[ '5 ] 
 
 was deviled, tliroiigli the want of a better, to Aipport the 
 injurious and hollile deligns of France^ who without mak- 
 ing any previous demand upon Great Britain founded on 
 this new pretenfe invaded the ^^'eftern part of this prc)\'ince, 
 uninhabited except by India?is devoted to her fervice. witli 
 a military force confiding of a captain witli a fmall com- 
 pany of reguhirs difpatched from ^cbcCy \\\\o coming down 
 the river of St. j-ohn^ whereon Monf Dc la Tour formerly 
 built the tort aforementioned, and encrcafing from time to 
 lime in their niinU)er, advances and operations, at length 
 attacked and defeated a conliderable party of the E?ig/i/Jj, 
 and in confcquLnce took a large interiour p<art of the 
 country, with an important pafs. Complaint being made 
 of this hollility by the EngliJJj to the court of FrancCy 
 Monf. Piiyfeux^ their minifter, declared upon his word 
 as a gentleman, nnd not as a minifter, that they had 
 not given orders for it ; whereupon enquiry being di- 
 redly made by the author, whether they would reftore 
 the country taken by it, no anfwer was made ; but, 
 inftead of redreilin^ this and other the mofl fkirrant 
 outrages, the trench continuing their devices and their 
 violence, with the aid of their Indians^ by the force 
 and terror of their arms, took, commanded and held 
 feveral years a great part of an EngUfj country to 
 which they had no more right than to any part of 
 
 England^ and laid the reft under feveral fires. That 
 
 thefe hoftilities did conftitute a war dc fatio upon the 
 E?tgiip the author conceives common fenfe declares, 
 and that the party war'd upon without denunciation 
 may make their beft defence without any: but the con- 
 dudt of the E?2g!ip herein ha/ing been cenfured, let us 
 cite the words of Grotius. " By the law of nature, 
 *' where force is repel'd by force, there no denounc- 
 " ing of war is rcqv.ircd. And this is what Sthenc- 
 " laidas the Ephorus pleads in Thucydides, There is 
 ** no difputing ^-ith words and argtmmits 'when ive have 
 
 <' hccn 
 
[ '6 ] 
 
 I 
 
 ic 
 
 i 
 
 
 /j:c;! injured hy them othcy-jcifc than in 'K'crJs. Aiul 
 Lat'ir.us obfcrws in Dionyjins iA ILilicurnaffiis^ who- 
 ' ever is attackid dclLiuls hinillli' immediately againfl: 
 '* the agrcflbr. And -.x^Acluin out ol Plato^ That war madd 
 to heat aivav an ijivadcr r.ccds no herald hut nature iff elf. 
 Ilcncc Diofi Chryjijftoni ohll'rvcs, many ivars are made with- 
 out denouncing. Neither does Livy blame Menippus^ An- 
 tiochus general, for any thing hut tliat he had killed cer- 
 *' tain Romans when no w ar had been denounced, and when 
 ^^ tliev had heard nothini>; of the drawinir of a fvvord, 
 " or any bloodflicd ; thereby implying that if either 
 ** of thefc had been done it micdit have iuflified 
 ** the fa6l/'* To which let us add that the war 
 whereby king Philip of Spain intended with his invin- 
 cible armada to conquer Rnglaiid was never denounced, 
 and that no denunciation was made of om- hrft Dutch war 
 in the reign ot Charles II. 
 
 It is proper to be remembered that the French claim, 
 invented to fupport their invafion, which being evidently 
 void of juftice, and founded in mere fophiiliry, was an in- 
 fuk upon the underdanding of the Britijlj nation, did not 
 appear till a confiderable time after the adual invalion, and 
 tlie intormation gi'.'en of it to the BritiJJj miniriers, who pre- 
 fering negotiation to repidfion, dilatory difcufions of the 
 groundlefs prctenfions of France took place at Paris whilfl: 
 licr invafion went on with fuccefs in Nova Scotia ; and cn- 
 cour.ip^ed by it flic invaded the interiom* part or the Britijh 
 Anier ..an dominion, that is, pra-t oi the ancient country 
 ot tlie live nations, the fovereignty wliercof was by them 
 and the treaty of Utrecht cftabliflied in the crowqi of Great- 
 Britain. Tiiis invafion would moft probably have been pre- 
 vented if the propofals made in 1746 had taken place : butin- 
 vaiion bciuL!; added to invafion the BritiPo grovernment made 
 Oik' ot lorcc againll theagfrreffors. 
 
 1 lie Majj'achufeits colonv favv the invafion of tlic neigh- 
 bouring province of Nova Scctia with concern from the be- 
 
 * R\g^Ai of //;./■ anJ Peace, B. III. Ch. j, ^ 6. 
 
 f^nmo; 
 
 iaSFsys.:|^t«iasa a j imi!gLJ.i.w i • . '^ w ' v ^** 
 
'^ 
 
 [ '7 ] 
 
 gining, but wiiliout fpccial autliority tlicy coiilil not rcpd 
 the invaders ; all tliiit lay in their power they did, which 
 was to follicit their repulfion from time to time by their 
 agent, and yet the war begun by thcfe invafions, with its 
 cypenfes, has been charged to the account of the colonic:., 
 who became fo great fuffcrers by it. This charge fuppofe^ 
 that the colonies are not entitled to the right oK protection, 
 a right belonging to the fubjeds of every ftate : they were 
 moreover planted to ftrctch out the bounds of the EngUjIj 
 dominion, not to change the nature of it, being by their 
 inflitution members of the body politic ; and althougli 
 through political miftakes refpe<fting them great feuds and 
 difficulties have arifen between this kingdom and them, it 
 is to be hoped that ere long, by wifer counfels, a good a- 
 greement will be reftored, and the colonies ever remain ho- 
 nourable and ufeful members of the ftatc. To reftore 
 
 and perpetuate the perfed union of the colonies with their 
 mother country is an objeifl worthy of the noblefl minds. 
 Shall France and Spa'm^ in manifeft repugnance to the fpi- 
 rit ot their feparation, purchafed with fo much blood and 
 treafure, unite in family compad: againft us, and fhall the 
 family of Britain be divided, whofe feverance would fo 
 far endanger the whole ? and after {o long deliberation 
 are we ftill unable to heal thofe divisions which the want of 
 wifdom caufed ? Britifh Atnerica forms one of the chief 
 pillars oi the flrudure of our naval empire, and fhall wc 
 fuffer the foundation to be fap'd by our improvidence ? A 
 grave judicious author in the laft century obfervcd that 
 fome ot the fenators in a certain ftate would venture u])on 
 pafTing a law to fortell the confequence of it two hundred 
 years after. How far our forcfight falls lliort of this is no- 
 torious. To make proper laws for diftant countries ever re- 
 quired great wifdom, and the befl information, w^ith a pa- 
 tient hearing of the parties, free from prejudice, w^hich de- 
 praves all counfels ; and that lolid union which the prefjni. 
 dangers and the future ftrength and comfort of the ftatc re- 
 
 F quire, 
 
C '8 ] 
 
 quire, the author prefumes, can only be found m univerfal 
 juftice and equal ibcial liberty, whofe public benefits furpafs 
 all rclincment. 
 
 TJie confent of the people, in this kingdom and the co- 
 lonies, hath been difregarded of late by fome of our politi- 
 who are more inclined to force in their hands, and 
 
 cians, 
 
 fear in tlie breafts of their fellow- fubjedts, than to their 
 efteem and affedion, the beft foundation and fupport of 
 human government. This egregious error caufed the re- 
 volt of the inhabitants of a neighbouring country, with 
 that long continued war whereby Spain fufFered fo great 
 lolTes, diigrace, and diminution of ftrength irrecoverable. 
 TJie anccftors of thefe men were in former times thus go- 
 verned. " The care of the common-wealth was in the 
 nobles and commonalty. In fome places there was a 
 third ftate, of the clergy. Thefe being by legations af- 
 fcmbled when neceflary were confulted upon the moft 
 important affairs ; nor without the confe7it of all could 
 tributes be impofed, the ftate of affairs changed, or even 
 " the value of the coin altered; fo cautious were they 
 *' .hen their princes were good to prevent their becoming 
 *^ evil : the moft noble and excellent citizens adminiftred the 
 *' public offices, and the common- wealth being thus re- 
 *' gulated the public affairs were for a long time conducted 
 ** with equal right;"* wherefore we are not to wonder 
 that their defcendants could not bear the feverit-ies of Philip 
 II. who with his officers differed fo far in fentiment from 
 their fupporter queen Eli%abethy and her able minifters ; of 
 which difference it may fuffice at prefent to give an extrad: 
 Irom an cffay *' Oa the ftate and government of the king- 
 " dom of Efigland^'' written in the year 1565, by this 
 queens ambaffadour at the court of Fra?2ce^ the manufcript 
 whereof was given by the late prince de CoJide to the count 
 deBethunc^ and publifhed at the Hague in the year 1744, 
 to wit, ^* Nos 7'oySy declarer telz par la grace de Dieu^ et 
 ** le commun conJenteme7it du peuple^ ?7e rccog7toiJ}e7it 7ty C77ipe- 
 
 rcury 
 
 * Grotii Aii.'ia'.es de lebus Belgicis, Lib. j. 
 
 cc 
 
 (C 
 
 u 
 
 it 
 
i 
 
 t -9 1 
 
 ;Y//r, ny papBy ny quelques autres prir.ccs que fe foit^ comj^rc: 
 tenant ou relevant d'eux mefmes. Our Kings, declared 
 fuch by the grace of God, ai\d the co?,i.'non coiifcnt of 
 the people^ acknowledge neither emperour, nor pope, nor 
 any other princes whatfoever, as holding or relevant of 
 themfelves," 
 
 Philip de Comines^ refleding on the government of 
 princes, afketli this plain queftion, " Is there any king or 
 prince upon earth who has power to raife one penny of 
 money, except his demeans, without the confent of the 
 poor fubjed who is to pay it, but by tyranny and vio- 
 lencer * 
 
 Mr. Locke^ in his " Eflliy concerning the true original, 
 extent, and end of civil government," fays that '* go- 
 vernment, into whatfoever hands it is put, being en- 
 trufted with this condition, and for this end, that men 
 might have and fecure their properties, the prince or 
 fenate, however it may have power to make laws for the 
 regulating of property between the fubjeds one amongft 
 another, yet can never have a power to take to them- 
 felves the whole or any part of the fubjedls property 
 without their own confent ; for this would be in effcd 
 to leave them no property at all."f 
 Our pofitive public men feem perfuaded that there is no 
 fuch thing as a law of laws ; but on the contrary that there 
 is in every ftate an uncontrolled unlimited power, decifive, 
 diredive, and coercive; whereas the law of nature is uni- 
 verfal and immutable. Could this the permanent law of 
 God, by whom kings reign and princes decree juilice, be 
 taken away by man the world would become a chaos of 
 confulion: the {qw^^ of it may indeed be olfcured by evil 
 cviftoms, ambition, or other violent paiTions, or by the* 
 crafty delufions of political or other infamous expoiitors, 
 but in extent, equity and duration, as well as indifpenfable 
 obligation, it is infinite. Upon this law the allegiance of 
 the Britiflj fubjeds to their King, and their chief focial 
 
 B. 5. Ch. 18. 
 
 t Chap. II. § 139; 
 
 rights 
 
[ 20 ] 
 
 ri.^lits arc f<:i:!idc J, and upon it among others the right of 
 audience reils. No man, or order of men, can judge of 
 that v/hicli nc\cr was expofed to their judgment; yet fome 
 men are enclined to judge and determine the moft impor- 
 tant matters wherein others are deeply concerned wholly by 
 their own fids and reafonings, of which truly they may 
 find illuilrious examples in Xerxes the Perfiariy and Philip 
 q\ Spain. 
 
 The honour and profperity of the Britiflj nation were 
 deeply concerned in the begining, progrefs and conclufion 
 o^ the lail war, wherein the various events of their policy 
 and prowefs will to the lateft ages entertain and furprize all 
 nations, whofe admiration will in courfe arife when they 
 fliail fee them in the forriier part of this century obtain fo 
 great renown by their arms on the continent oi: Europe^ 
 and in the middle of the fame century call foreign troops 
 at different times into their illand, to defend its numerous 
 martial inhabitants againft expected foreign invaders ; when 
 they fhall fee the fame people in the late war after fuffering 
 lofs and difgrace in the diftant part of their empire, on 
 changing their minifters, rife up in fo fhort time from a ftate 
 of diftrefs to the higheft pitch of glory in all parts of the 
 globe, and adding vi^lory to vidory by fea and land, pre- 
 vail over their enemies in all quarters, drive them out of 
 the Arongeft holds that art and nature could form, and 
 feize the great fources of their foreign commerce and naval 
 power; when after fo great fuccefs they fhall fee them on 
 another change of minifters negotiate and conclude that 
 peace which now comes to be coniidered. 
 
 The injuflice of France^ who began the war in time of 
 profound peace, without the lead caufe; the injuftice o^ Spain, 
 who joined vvith her in order to fupport it ; the dangers we 
 efcapcd, the debts we contradted, and the advantages we 
 gained, with our future fecurity, required an adequate peace. 
 This Greal: Britain by the principles of natural juftice and 
 felf-prefervation had good right to demand from conquered 
 
 enemies 
 
 i 
 
i 
 
 [ 21 ] 
 
 enemies unjuftly combined againft her in peace and war, and 
 every motive that could infpire the noblefl: minds called 
 upon her minifters to make the befl: ufe of the advantages 
 gained in the courfe of the vi^ar, which confidercd in num- 
 ber and value exceeded all example, in order to eftabliih her 
 naval empire on the moft folid foundations poflible ; an em- 
 pire in its extenfive nature moft glorious, and beft adapted to 
 an infular free ftate for promoting the public honour and 
 fervice, without endangering by its force the public liberty ; 
 and the Ajnerkait fifhery being one of the brighteft j( vels 
 belonging to the Briti/Jj crown, to reftore and fix it there 
 when in the hands of our minifters would have promoted 
 the lafting honour of their prince, and the welfare of their 
 country ; whereas they did not by the preliminary articles ol 
 peace, figned at Fountainbleau m l^^oY^mhoiV 1762, fecure 
 even the exclufive fifhery upon the coaft of Nova Scotia^ 
 which had been fecured by the Utrecht treaty. By the fub- 
 fequent definitive treaty of peace, concluded at Paris m 
 February following, as well as by the preliminary articles, 
 it was agreed, That the fubjeds of France fhould have li- 
 berty of fifhing and drying on part of the coafts of the 
 illand of Newfoundland .^ as fpecified in the 1 3th article of 
 the treaty of Utrecht^ which article was renewed and con- 
 firmed by that treaty, except what related to Cape Bruton^ 
 and the other iflands and coafts in the mouth and gulph of 
 St. Laurence ; and his Britanfiic majefty confented to leave 
 to the French fubjeds liberty of filhing in the gulph St. 
 Laurence^ provided they did not fifti but at three leagues 
 diftancc from all the coafts belonging to Great-Britain^ as 
 well thofe 01 the continent as of the illands fituatcd in the 
 gulph. As to the fifhery on the coafts of Cape Br it ton 
 ifland out of the gulph, they ihould not liQi but at fifteen 
 leagues diftance : after which the treaty alone contains this 
 further agreement, " That the fifliery on the coafts of 
 ** Nova Scotia ox Acadia^ and every where elfe out of the 
 " faid gulph, fhall remain on the foot of former treaties." 
 
 G The 
 
[ " ] 
 
 The fiiTiery on the coaft of Nova Scotia we have fcen was 
 fccured to the Engli/Jj by the Utrecht treaty ; but the de- 
 chiration in general terms that the fifhery every where ehc 
 out of the gulph fliall remain on the foot of former treaties 
 is ftrange and irreconcileable by the author with national 
 jufticc and found policy. Dolus verfattir m gemraUbus^ and 
 it is an approved maxim among politicians, that in making 
 treaties of peace the conquerour fhall ufe precilion, and the 
 conquered general expreflion, if practicable, which may 
 admit of his future explanation ; and the groundlefs pre~ 
 tenlions of the Fre?icb v/hich caufed the war plainly required 
 fpecial care on our part in this behalf, in order to fecure our 
 rights, and prevent future contefts and wars. Upon confi- 
 deration it appears to the author that the defign of the nii- 
 niftcrs of F?''a77ce was by thefe general words to renew the 
 treaty made with her by king yamesW. in the year 1686, 
 \\ hereby it was agreed, " That both kings lliould have and 
 retain to themfelves all the dominions, rights and preemi- 
 nences in the Aniericaji feas, roads, and other waters 
 whatfoevcr, in as full and ample mianner as of right be- 
 longed to them, and in fuch manner as they then pof- 
 fefled the fmie. And therefore the fubjedls, inhabitants, 
 merchants, commanders of fhips, mafters and mariners 
 of the kingdom, provinces, and dominions of each king 
 refpedively fhould abflain and forbear to trade and fifli 
 in all the places polTcfled, or "ivhich JJjould be pojfejfed^ by 
 one or the other party in America ;" this treaty being 
 calculated on the part of France to fecure her paft and 
 luuire encroachments. We have {^^x\. what o;reat encroach- 
 raciits the French from time to time made upon the fifliery, 
 cfpecially in tlie reign of king Charles II. encouraged by this 
 fucccfs, fome fiiort time before making the treaty with king 
 James ^ Monf cie Meules^ intendant of New France^ by 
 letter to the king tranfmited propofals for making France 
 fole millrcfs of the cod ; and the Fre?ich defigns, it is pre- 
 ftimcd, now were by the revival of this treaty to obtain a 
 
 con- 
 
 ic 
 
 (C 
 
 i( 
 
 i( 
 
 u 
 
 C( 
 
 <( 
 
 if. 
 
 a 
 
 i( 
 
 1 
 
1 
 
 [ "J ] 
 
 confirmation of their various encroachments. The right to 
 the fifhery includes a right to the banks whereon the fifli 
 feed and are caught ; and as the whole belonged originally 
 to the Englifij the former treaties, fuppofed to relate to all 
 the undcfcribed parts of it, if any fuch there be, ought to 
 have been afcertain'd ; but in that cafe the injurious revival 
 of King James treaty would liave been confpicuous. Our 
 minifters moreover were fo improvident, that after again 
 placing the Fre?tch on the eaftern and weflern triangular 
 iides of the capital ifland of Nc'UDfoimdlaiul^ diey did not 
 preferve the coall: of the fouth fide free and entire, but, on 
 the contrary, through their management, two adjacent 
 iflands, parts of the new found land, were now ceded in 
 full right to the Fre?tch King, for the ufe of liis lifliermen, 
 and his military police, fo worthy of our adoption, in ma- 
 nifeft repugnance to the ancient right of the E??gHp, con- 
 firmed by the ftatute of the loth and nth Will. III. An 
 ample difquifition of this ftrange ceffion, confidered in its 
 nature, relations, and example, would require more time 
 than the author can at prefent fpare; and it is evident that 
 the voluntary difmembring or cuting off part of an cfta- 
 blifhed empire, and thus transfering what is held by one 
 prince antiquo jure coronae to another, is a matter of great 
 moment, and that it is neceflliry to prince and people to 
 underftand and remember by what right the feveral parts or 
 an empire are held. 
 
 King James I. was defirous that the kingdom of Ireland 
 fhould be held of his empire as King, and not of the do- 
 minion of the crown, of Englaftd-, upon which point he 
 confulted Mr. Selde?i. The E?igliJ}j plantations from their 
 primary exiftcnce were held of this dominion, being united 
 and incorporated with E?ighmd, as the records and public 
 ads relating to them and their fettlement clearly fliev/; and 
 our colonics were not only at all times free, and iield opwiio 
 jure, but for fome time paft, by force of the (latutc ''^ m 
 this cafe provided, they have had the peculiar power ol 
 
 coal" 
 
 * 13 G. 2. Cap. 7. 
 
[ n ] 
 
 commiinicatlng freedom to aliens, who by living there a 
 certain time, under certain regulations and limitations, 
 become in effecfl natural born fubjeds of Gj-eat Britai?2, 
 
 With refpedt to the iflands of St. Vincent and Do?mnicay 
 
 to mention no others at prefcnt, upon careful confideration 
 
 of their ftate preceding and fubfequent to the late war, it 
 
 appears clearly to the author that they are now of right 
 
 parcel of the dominion of the crown of Great Britain 'y 
 
 that the Kings minifters having miftaken the right whereby 
 
 his Majefty holds the fame, they have grafted the power 
 
 of taxation by prerogative royal upon their own error ; that 
 
 their plea of conqueft will by no means warrant, although 
 
 it may in fome meafure palliate their proceeding, which 
 
 for the fake of his Majefty's honour, and the welfare of 
 
 his fubjedls, who, with their eftates, would be in fuch a 
 
 precarious and defpicable condition in cafe thefe iflands 
 
 were held by this new tenure, and for the common good 
 
 and right of the whole empire, whofe entirety ought ever 
 
 to be preferv^d, is fubmited to the farther confideration of 
 
 thofe to whom it belongs. In point of example no man 
 
 can foretel where this dangerous and injurious proceeding, if 
 
 not revcrfed, will end. yainaica was conquered by Crom- 
 
 nsoelly who after runing his fword through Magna Charta 
 
 ftiled himfelf the invincible Lord Prote<^or of E7jg'land, 
 
 But, as the Gallic Polybius and Mr. Locke, of immortal 
 
 memory, have informed us what it is to take the fubje6ls 
 
 property without their confent, fo one of the ablefl lawyers 
 
 tliat have appeared in Weft7niitjler Hall, and fat in the 
 
 Houfe of Lords, gave his opinion, as the author hath been 
 
 well informed, to this eifed, that although this ifland was 
 
 gained by the fword, they who fhould rule their fellow- 
 
 fubjedcs fettled there by the fword ought to fuffer under the 
 
 ax. We have already feen 'the fword unfbeathed without 
 
 warrant by law or conftitution, and the dodrine of the 
 
 fword advanced with impunity ; and all the fubjeds in the 
 
 BritiJJj empire having one common right, it behoves us to 
 
 prevent 
 
 j 
 
I 
 
 t 'S 1 
 
 prevent the eflabliilimcnt of tehure by the fword in any 
 part of it. Prijicipns objla is doubtlcfs the beft maxim 
 where the public right is violated or cndanger'd ; for they 
 who have faid A, if not prevented, will foon fay B, and in 
 time, themfelves or their followers, will go through the 
 jvhole alphabet. 
 
 By the partition of the neutral iflands it hath been fup- 
 pofed that we gained great advantages; whereas French 
 policy in this cafe really prevailed over our right, our in- 
 tereft, and our honour. St. Lucia was of great importance 
 by reafon of its fituation relative to the other Caribbee 
 iflands, E?tglip and French^ more efpecially by its vicinity 
 to Martinique ; and by reafon of its good bays and harbours, 
 of which the chief, called the Little Careenage, fo named 
 from its convenience for careening fliips, and where great 
 uumbers may lye fafe at all times, is the moft commodious 
 in all the Caribbee iflands, and in time of war might well 
 ferve as a place of rendezvous for the Kings fliips appointed 
 to check the armaments at Martinique^ and the ravages ot 
 our trade by the Fre7tch cruizers. A much lefs advantage 
 may be mentioned, which is that after the defeat of the 
 duke of Montagues intended fettlement it was computed 
 this illand might in few years by its produd: and commerce 
 have yielded to Great Britain ^200000 a year. Upon 
 examining the claims of both nations, it appears to the 
 author that our poiTeflion of it, when our minifliers agreed 
 to deliver it to Frafice^ to be held by her in full right, was 
 accompanied with a good and fair title, according to the 
 European mode of acquiring dominion and property in 
 America^ and, in foro confcientiae^ by the purchafe of it 
 from the Caribbeans^ the native and true proprietors of it. 
 In the year 1722, his late excellent Majefty King George 
 I. granted this ifland, with the ifland of St. Fincejtt, to 
 the !ate duke of Montague^ who to his great honour pro- 
 ceeded diredly to make a good and effeftual fettlement 
 there, expending thereupon ^^40000 at leafl, the comple- 
 
 II tion 
 
E 26 ] 
 
 t'lon A\']Tcrcof might have liappily Tecured this valuable 
 illand; but in the following reign it was friiftratcd by the 
 amccnicnt niade between his Britannic Majefty and the 
 Fraich King, touehing the evacuation, or neutrality, of 
 this and the other illands. By the confequent infl:ru6lion, 
 given on the 30th oi November, 1730, to Mr. JVorfeley\ 
 captain general and r;overnour in chief of this ifland, with 
 St. Vijiceiit^ Dominica and Tobago^ as his })redecefrors, go- 
 vernours of Barbadoes, had been, his Majcily declared that 
 he had an undoubted right to it, with the iflands St. Vincent 
 and Dominica^ and it would have bee!i well for all the 
 parties concerned, if the advifers of a conquering prince, 
 and managers of this affair in behalf of the kingdom, had 
 duly confidered that when they gave their advice it was 
 part of the rightful poffefiions of the crown of Great Bri- 
 tain^ and therefore incapable of proper and rightful feverance 
 from it. 
 
 The prev^ailing fuppofal of our being great gainers by the 
 agreement of the French King that we ihould retain arid 
 hold in full right the illands St. Vincent and Dominica is a 
 mere political delufion. His late excellent Majefty by his 
 royal inftrudion aforementioned declared he had an un- 
 doubted right to them, and they had paffed by grant from 
 the crown many years before. On the contrary his moft 
 C/6r//?/V;;2 Majefty, in his mandate dated September 21, 1722, 
 to the chev^alier cie Fouquiere^ governour general of the 
 illands, had delared that St. Viitcent ought to remain to 
 the Carihbeans\ and by his letter to Monf. de Champigny^ 
 "'overnour of Martinique^ dated the 26th of December, 
 1730, he declared that St. ^/>?^^;;/ and Domi?iica belonged 
 to the Caribbcans^ whofe poffefTion he intended to fupport. 
 Nil dat quod 72on habet^ and the French King having no 
 right to tliefe iflands he could transfer none. As to Tobago^ 
 de jiOn appare7itibiis ^ non exijle7ilibus eadem eji ratio \ 
 and as it does not appear that the Fre7ich had a right to jt, 
 they could give us nonej wherefore upon the whole we 
 
 have 
 
I 27 ] 
 
 have given to them the moft valuable ifland, to \vluch 
 we had good right, in exchange for their ill-grounded pre- 
 tenfions to the others. 
 
 To return to the northward, having fct fortli the im- 
 paired and Jivided, intermingled and uncertain flate into which 
 our y^mencan cod-{i(hery hath been various ways reduced, and 
 in which it was left by ourminiftersatthe conclufion of the laic 
 war, let us pafs on to the ceflion made to our fovereign and the 
 BruiJ/j crown of Ccmacla and all its dependencies, with the 
 ifland of Cape Breton^ and all the other i (lands and coafls in 
 the gulph and river St. Latirejice, This ccfTion was benefi- 
 cial to us, but its extent and value have been greatly mif- 
 taken : all the Fre?ich men who became the kings fubjecfls 
 in confequence of it were not equal in number to the brave 
 men we loft in the courfe of the war ; the fiiilors, it is no- 
 torious, we now want for our defence again ft thofe whom 
 we fo lately conquered, and thefe French men cannot fu]>ply 
 their places ; and the common perfuafion that *' an im- 
 menfe territory hath been added to the empire of Great 
 Britaifz' is a moft deluftve error, requiring refutation. 
 The French^ to promote their injurious deftgns had enlarged 
 the meaning of the word Canada^ and extended it fo fir as 
 to cover a vaft territory belonging to the E?2glj/h^ Canada 
 being an appellative formed of Cabo de Nada, or the Cape 
 of Nothings the name given by the Spaniards to the cape at 
 the entrance of the country fince called Canada^ and the 
 immenfe territory lying weftvvard of the ifland of Mo?ttreal, 
 extending northward for the more part to the 46th degree of 
 north latitude, or thereabouts, and weftvvard as far as the 
 river MiJfiJJipi^ which is fuppofed to have belonged of right 
 to the Frenchy and to have been transfered to Great-Bri- 
 tain by this ceflion, did not in truth belong to them, the 
 fame having lorig before with good right become parcel of 
 the dominion of the crown of England ^ by force of the 
 grand deed of furrender of thofe great conquerors the Ave 
 nations or cantons of Indians^ the former fovereigns o^ it, 
 
 who 
 
 ct 
 
 (( 
 
[ 28 ] 
 
 who having chofen the EugliJJj for their protectors furrcn- 
 dcr'd their country to them j this juft title of the E^igliJJj 
 being corroborated by the treaty of Utrecht^ by wliich the 
 French king declared " the five nations or cantons of /?/- 
 ** dians fubjed; to the dominion of Great-Britain^'' the 
 boundary-line of their country runing thus ; begining at St. 
 Johns falls upon the river Iroquois^ called Richlieu by the 
 French^ it runs thence acrofs the great river of Iroquois or 
 Cadaraqui^ a little to the weft ward of the ifle of Mo7ttreal\ 
 thence to the river Utaivasy along whofe banks it pafleth 
 into the latitude of about 46 degrees, and continues its 
 courfe weft ward till it reaches the north end of the lake 
 Michigan ; thence runing fouthward along the eaftern ftiore 
 of that lake to its end, it extends thence nearly in the fame 
 courfe till it joins llmois river, whofe banks it accompanieth 
 to its fall into the Mijfijfipi^ in about 39^ degrees of latitude, 
 1 1 70 miles diftant from its mouth. The French had long 
 unjuftly maintained fome fcattered out-pofts in this country, 
 to protecSt their encroachments, and their traftic with the 
 India?ts ; but right they had none, and therefore they could 
 not. convey any to us \ and if the propofals made in 1746 
 had been carried into execution thefe out-pofts would have 
 been cut off. 
 
 As to the country lying northward of the boundary line 
 aforementioned, extending fo far nearly in the latitude of 
 46 degrees, to ufe the expreflion of a French gentleman of 
 good fenfe, it is fit for the habitation of bears and wolves 
 only, and the author could never find that either Efiglifh or 
 French had good right to this country, or to that which ex- 
 tends thence weftvvard to the river Miffiffipi \ but be that as 
 it will it appears to him not very material ; for, after con- 
 vcrfing freely with an intelligent Fre?ich officer employed 
 two years to explore the Miffifftpi^ and receiving other infor- 
 mation, and confidering the dividing line between the two 
 nations, if he had as much fpare money to bcftow upon a 
 projed: as the duke of Montague expended upon St, Lucia^ 
 
 he 
 
 V A 
 
1 
 
 V A 
 
 [ 29 1 
 
 he would not pay the expenfes attendant on a patent for the 
 whole. 
 
 In order to fecure a lading peace, it was agreed by the 
 7th article of the late treaty, ** that for the future the con- 
 ** fines between the dominions of his Britajinic majefty and 
 ** thofe of his moft Chrtjlian majefty in this part of the 
 ** world fhould be fixed irrevocably by a line drawn along 
 ** the middle of the river Mijfijffipiy from its fource to 
 ** the river Iberville^ and from thence by a line drawn 
 " along the middle of this river and the lakes Maure- 
 ** pas and Pontchartrain to the fea ; and for this pur- 
 ** pofe the moft Chriftia?t king ceded in full right to 
 *' his Britannic majefty the river and port of the Mo- 
 " biky and every thing which he pofTefled, or ought 
 " to pofTefs, on the left fide of the Mijfijftpiy except 
 ** the town of New Orleans^ and the ifland in which 
 ** it is fituated, which fhall remain to France^ pro- 
 <' vided that the navigation of the river Mijftjftpi fhall 
 ** be equally free as well to the fubjedts of Great-Bri- 
 '* tain as to thofe of France in its whole breadth and 
 " length from its fource to the fea, and exprefsly that 
 '' part which is between the faid ifland of New Orleans 
 *' and the right bank of that river, as well as the paf- 
 ** fage both in and out of its mouth." Apt and clear 
 expreflions ufually accompany clear conceptions, both be- 
 ing proper on great occafions ; but by this article the 
 moft ftrange and impolitic partition-line hath with the 
 ufe of ftrange terms been eftabliflicd between the two 
 monarchies. This line is conceived to pafs from the 
 unknown fource* of the Mijftjftpi along tlie mid die of it, 
 till it comes nearly oppofite to tlie nortii part of the ifle of 
 Orleans \ thence changing it courfc, to enter and pafs 
 along the middle of the river Iberville^ and the lakes Man- 
 repas and Pontchartrain to the fea, witliout any agreement 
 
 * According to the Sieur D'Jnville., in the year 1746 this nvcr was explored no further 
 "■Ann to the 45th degree of North latitude, or thereabouts, and the both of longitude. 
 
 I being 
 
:)!i 
 
 t 30 3 
 
 made rcfpcifting the life of thofc lakes. The Mijfijppi at 
 certain fcafons rifeth high, having by its overflowings 
 formed the Iberville^ which through the want of wa- 
 ter becomes ufelefs when the Mifsijftpi at other fea- 
 fons fiibfides ; and, according to good information late- 
 ly received, the beft of the feveral mouths of the Mifsif- 
 Jipi is fo (hallow, with a hard fand at the bottom, as to be 
 impalllible by any fhip of war, or merchant fliip of 
 burthen. Nature having thus far bar'd the ufe of this 
 great river, by leaving to the French the ifle of Orleans^ 
 with the lower part of the river lying between that 
 iiland and the oppolite fhore, and extending above 
 150 miles, we have trufted to French pape/ to fecurc 
 to us the life of this part of the river, which is ap- 
 parently neceflary to our beneficial ufe of the reft. Co- 
 lonies may be planted on the eaftern banks of the river, or 
 other intcriour lands, and pr'^tedled at great expenfe; but 
 without an exchanfre of our manufadlures for their raw 
 materials, or other commerce, they will be a lofs inftead 
 of a benefit to this kingdom; wherefore the navigation of 
 the river being fo difiicult and precarious, and the pro- 
 tcdion of the unprofitable fettlements which might be 
 made in the x-aft country lying to the eaftward of it being 
 fo difficult and expenfive, it is left to others to find out, 
 if they can, the great value of the whole. The Mifftfftpi 
 formerly ferved as a buble to the Fre77ch^ and feems to 
 have fince ferved as a buble to our minifters, and to us. 
 By their proceeding relative to the cod-fifhery they bruifed 
 the head of our American empire in the eaft, and by 
 leaving the ifle of Orleans to the Fre?:ch they fixed a 
 thorn in the foot of our empire in the weft, inftead of 
 plucking it out. 
 
 Before quiting the continent, let us obferve that the port 
 of Mobile will not admit our fhips of war fufficient for 
 
 annoy- 
 
5 « 
 
 j 
 
 annoyance or prote(fi:ion, and that St. Augujline and Pcnfa- 
 cola arc in the like condition. 
 
 In the courfc of our minifterial negociation we were 
 amufed with a vain cxpedation of the acqiiefl of Porto 
 Ricoy and the other iflands of importance conquered by us 
 we reftored to our enemies. Had the fpirit of our negocia- 
 tion been equal to that of our military operations, bclidcs 
 obtaining proper Huisfadion touching the war, we might 
 have fct the family compad on iirc, to our lafting honour, 
 and the delight of thofe nations who fo bravely joined with 
 our anceftors to prevent the union of the French and 
 Spanijh monarchies, equally dangerous whether under one 
 prince or one common-council : to which the advocates of 
 our minifters anfwer, that if this compad had been de- 
 ftroyed the parties might have made another, notwithftand- 
 ing any agreement refpeding their feverance, not confider- 
 ing that our honoiu' at lead \vauld thus have been faved ; 
 and this anfwer fcrves to fhew how little we can depend 
 on the other paper-fccurities given us. Upon the whole, 
 we ought to have taken fubftantial fecurity for the good 
 behaviour of Spain by keeping the Havannah in our hands. 
 For this there was greater reafon than for retaining 
 Gibraltar and Port Mahon in confequcnce of a war which 
 was the common caule of Europe '.y whereas the late war 
 was our own peculiar caufe, wherein the permanence and 
 profperity of our naval empire were fo deeply intercdcd; 
 wherefore Spain fhould have been thus prevented from 
 repeating her injurious jundion with France, Without 
 caufe they drew their fvvords agiinfl: us, and after parying 
 their deadly thrufts we gave them fuch wounds as en- 
 feebled and reduced them to that low eftatc whence 
 our minifters raifed them ; and by giving up fo great 
 fources of commerce and naval power enabled them in 
 fo fliort time to renew the war ; for now the outcries in 
 our ftreets oi our fellow-fubjeds feized, and fecured with 
 
 violence, 
 
 
t 3^ ] 
 
 violence, for our defence in the war begun by Spahy 
 irrefiftably proves the malignant nature of the late peace 
 beyond all expreflion; and the grievous facrifice of io 
 great national 'advantages and opportunities gained by our 
 policy and arms clearly fhews that modern politics, how- 
 ever favorable to felf-feeking politicians, are by no means 
 calculated to promote the dignity and fafety of the King 
 and Kingdom. 
 
 F i N I S. 
 
 
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