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NOTES
UPON THE
SO'TTH WSSTERN BOUNDARY
J'tKB
or
THE BRITISH PROVINCES
OF
LOWER CANADA AND NEW BRUNSWICK,
AND
THE UNITED STATES OF AMERICA.
» V
tl{-
:=* '1 'I
I
PRINTED BY T. CARY & Co.
freemasons' hall.
18307
■A I
r
:it.
NOTES
UPON THE
S)OUtf) iSSAeiiitern 3$ount](ai*p %m,
&c. &c.
X HE ])eriod of the determination of the great question
now pending between Great Britain and the United States
of America, concerning tiie Boundary Line, wliich is
hereafter to separate tlie Colonial possessions ot tlit- former
from the territories of the latter, in the long tract of country
stretclnng from the head of the Connecticut River to the
Bay of Fundy, is now fast approaching, and mens' minds
in this Province begin, at hist, to be awakened to the
important effects which the determination, liowever given,
must have upon the future fates of tlie country.
Much that is well worthy of perusal has already been
written in support of the right of Great Britain to the
territory in dispute.
There is, however, one part of (he subject which, it
wouhl seem, has not been so fully treated as would have
been desirable ; — i mean that part which relates to the
controversies which, from time to time, arose respecting
this Boundarv Line between the Eniflish and French
pos-iessions, whilst Canada belonged to the crown of France,
and the treaties by which those controversies were settled.
A notion has been adopted by many, otherwise well
informed men, that in the present dlscnssions between
Great Britain and the United States of America, the
positions to be maintained by Great Britain, are the same
as those which France heretofore maintained without
success. Now, altliough it be true that the present
controversy cannot be rightly understood without a know-
ledge of the history of the controversies which preceded it,
still it differs essentially from the anterior controversies.
Conflicting titles are produced, and adverse possession
set up on the one side and on the other. In investigating
these opposite lines of title, we cannot be certain of
understanding the last title without first understanding
that which immediately precedes it, and so back until we
reach the first link of the chain, and with this we ought
to begin. The chronological order, always an useful aid
to the memory, cannot here be inverted without prejudice
to the judgment, nor can a single link of the chain be
with safety omitted.
This dry and humble, but necessary inquiry, can
probably be no where conducted with so much advantage
as in this country. It is intimately connected with the
early history of the Colony, and this must be sought for in
ancient travels and original documents, possessing no
where else the same interest, and no where else so easily
accessible.
The French settlements upon the North American
Continent long preceded those of England.
In 1506, Jean Denys, of Honfleur,* published a chart
of the coast of Newfoundland, and in 1508, a savage was
conveyed by a pilot of Dieppe, to France. But the first of
all the voyages made to North America with the view of
effecting settlements there, was unquestionably that of the
Baron de Lery and de St. Just, in 15l8.t He landed
cattle upon Sable Island in this voyage, whilst it was more
than a hundred years afterwards (A. D. 1621) that cattle
were first conveyed to New England. |
* Pastes thronologiqiiesdu Nonvean Monde, p. 13.
. t L'Escaiiot, p. 21. t Salmon, III. 536.
! well
tweeii
I, the
i same
ithoiit
resent
know-
ded it,
sies.
session
gating
ain of
mding
itil we
ought
ful aid
?judice
ain be
can
antage
th the
for in
ing no
easily
iencan
chart
|e was
irst of
jew of
lot the
landed
more
cattle
I
It is not necessary here to advert to the voyages of Jean
Vcrrazan to the southern parts of North Anjcrica, in the
years 1523, 1524, and 1525, nor to those in the same
direction of Laudonierc, Riband, and of the Chevalier
de Gourgues. Nor is it necessary for us to take any notice
of the voyage of Jaques Cartier, in J 534, and of his
settlement upon the north shore in 1335 ; nor of the first
appointment of a Lieutenant General in the countries of
" Canada, Hochelaga and iSaguenay, and others in 1540."
Our attention will be confined to the River and Gulf of
Saint Lawrence, and to the great Peninsula commencing
on the southern sljore of the Saint Lawrence, opposite
Quebec, and terminating at the mouth of the River St.
Croix, in the Bay of Fundy.
After the failure of an attempt to make a settlement at
Tadoussac, by the Sieur Chauvin, a French Protestant,
and after his death, about the year 1602, the Sieur de
Monts, who had made his first voyage with Chauvin,
formed the project of effecting a settlement more to the
southward.* The Sieur de Poitrincourt joined in this
enterprise. L'Escarbot, whom the Sieur de Poitrincourt
took with him to America on his second voyage, in 1606,
has given the history of these early settlements, whereof
he was, as it were, an eye witness, since Port Royal
(Annapolis) was only founded in 1605, and that he was
mainly accessary to the earliest advances of that Colony.
The letters patent nominating the Sieur de Monts Lieu-
tenant Geniral pour representer notre personne au Pays,
Territoi?'e, Cotes et Confins de V /icadie, a commencer des
le guarante-puatriime degrSjusqu an quarantc'sixieme bear
date the 8th November, 1603, and may be read in
L'Escarbot, p. 417.
As early as 1604, the Sieur de Monts fitted out two ships,
one intended to form a settlement within the limits of his
grant, in which he embarked with the Sieurs Champlain
* RIemoiiesdes Cominissaires du Roi, etdeceuxdeSa Majesty Britan-
nique sur les possessions et les droits respectifs des deux Couronnes en Ani^-
rique, I. 137— Champlain, part I. p. 42.
I
and de Poitriiicourt, the other under the command of the
Sieur de Pont Gruv^, intended principally for the fur
trade.*
Upon the 6th May, 1604, they reached the coast of
Acadie at Port Rossignol, and thence sailini? coastwise,
they reached a port which they called Port au Mouton.
They thence went to Cape Sable and explored a large
Bay, which they denominated la Bale Franyoise, and which
is now known by the name of the Bay of Fundy. The
Port at the entrance of this Bay was from its signal beauty,
called Port Royal and the Sieur de Poitrincourt was so well
pleased with the situation that he solicited and obtained a
grant of land, there to settle with his family.t After going
out of Port Royal and exploring the Mines, thoy crossed
the Bay and arrived at the River St. John on the 24th of
June; leaving then that river, and sailing coastwise, they
came to the mouth of a river and settled on a small Island,
in it which they called St. Croix, a name which was after-
wards transferred to the river itself.J
The situation of St. Croix not being found advantageous,
it was determined to effect a new settlement at Port Royal,
and this was carried into effect in 1605. ||
Another settlement was effected about the same time to-
wards the River Peiitagoet (Penobscot) by the Sieur de la
Sau8saye.il
The Colony not receiving much sup|)ort from France,
was feeble and unprosperous, but retained quiet possession
of the country. Against this Colony, in a time of profound
peace^ the expedition of Argal was directed.
He found it totally unprepared for defence. The Inha-
bitants who had assiduously and successfully cultivated
the friendship of the Indians, being restrained by no fear of
hostility from them, were scattered abroad in the woods,
engaged in ilieir several pursuits, and a Ship and Bark just
* Mem. des Comm. I. 137.
t L'Escarbot, p. 440. || L'Escarbot, 405, 496, Mem. Coins. 188.
i L'Escarbot, pp. 441et8eq. f Cbamplain, pt. I. p. 104an(lseq.
ince.
Inha-
rated
lar of
>oci&,
Ijust
1S8.
leq.
arrived from France, ladpii with articles necessary for the
use of the Colony were surprised in port, and their cargoes
taken to u rimes Town. Argal left no garrison to keep pos-
session of the place, and after his departure, the French
who had only dispersed themselves among the Indians dur-
ing the continuance of danger, inunediately resumed their
former station.
The pretext for this predatory expedition was, that the
French by settling in Acadie had invaded the rights of the
English acquired by the first discovery of the continent.*
The voyages of discovery, made by the English and
French to the Coast of North America, had been nearly
contemporaneous, and they set up conflicting claims to
the territory, in 1603, Henry W. of France ( as has
already been seen ) granted to Do Monts a commission
as Lieutenant General over that pai t of America, which
lies between the 40th and 4Gth degrees of north lati-
tude, with powers to colonize and to rule it, and in 1606,
King James granted to the two Virginia Companies all that
territory which lie» between the 84th and 45th degrees of
north latitude, in consequence of which, in 1614, Captain
Argal attacked and dispersed the settlements made hy the
French on the Bay of Fundy. In 1620, James granted to
the Plymouth Company all that territory which lies between
the 40th and 48th degrees of north latitude, ano' in 1621,
he, as King of Scotland, granted to Sir William Alexander,
under the title of Nova Scoiia, with the consent of the Ply-
mouth Company, the country bounded on the North and
East and South by the River Saint Lawrence and the Ocean,
and on the West'by the River St. Croix. Under these dif-
ferent grants, actual settlements had been made by the
French as far South and West as the St. Croix, and by the
English as far North and East as the Kennebec or Connec-
ticut lliver. During the war with France, which broke
out in the commencement of the reign of Charles the First,
that Monarch granted a commission to Captain Kirk for the
conquest of the countries in America, occupied by the
French, and under that commission, in 1629, Canada and
Acadie were subdued ; but by the treaty concluded at St.
• Chalmcrs,~Hutchinson,— Masrhall's Life of Washington, vol. I. p. 54, 55.
8
Ciorinaiii, tliosi' places wvvv restored to Fiance, witiiout any
(lesciintion of their limits, und Port Royal, Quebec and
Caj)e Breton were s(;verally surrendered by nanic.^
The Treaty of St. Germain contained not a cession but a
restitution as will be seen on reference to the terms of
it. The circumstances accompanying (he negotiation of
this Treaty so far as Canada and Acadie are concerned, are
to be found as well in Charlevoix, vol. 1, page 173 and seq.
as ill the begining of the second book of the Historia Cana-
densis Creuxii. The letters Patent to William Alexander,
Karl of Stirling, were anterior to the Treaty of St. Germain,
his first Patent by James the First, being of the year 1621,
and his second by Charles the First, bearing date in J625,
whilst the treaty of St. Germain is of 1633. The descrip-
tion of Nova Scotia as given in these Letters Patent, is in
the following words : —
ii
Omnes et singulas terms continentes et insulas situatas
et jacentes in America^ intra Caput seu promontorium
" Commiiniter Cap de Sable appellatuniy jacens prope
" latitudinem quadraginta trium gradtawi aut eo
" circa ah equiuoctiali lined versus Septentrionem a quo
" promontorio versus littits maris tendens ad Occidentem ad
" Stationem navium Sanctce Marice vulgo Saint Mary^s
Bay, et deinceps versus Septentrionem per directam line -
am, introitum sive ostium magnce illius stationis navium
trqjicientem quoe excurrit in tertce Orientalem plagam
'^ inter regiones Suriquorum et Hecheminorum vulgo Sevri-
quois et Etchemins adjiuvium vulgo nomine Sanctce Cru-
cis appellatum, et ad scarturiginem remotissiman sive
fontem ex occidentali parte ejusdem, qui se primum
prcedicto jiuvio immiscet ; unde per imaginariam direc'
tarn lineam qute pergere per terram seu currere versus
Sejitentrionem concipietur ad proximam navium statio-
" nemfluvium vel scaturiginem in magno Jiuvio de Canada
sese exonerantem et ab eo pergendo versus Orientem pet
maris oras littor ales ejusdem Jluvii de Canada, ad fiuvi-
um^ stationem navium, portum aut littus communiter
nomine de Gachepe aut Gaspe notum et appellatum ; et
deinceps versus Euronotum ad Insulas Baccalaos vel
i(
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Ci
(S
iS
(C
IC
((
tc
((
it
(t
Chalmers,- Hutchinson,— Marshall's Life of Washington, vol. 1. p. 103.4.
9
eo
vel
103-4.
" Cape liretoH vocdftiSj refifKjuendo eusdem insulas (I dextrn
** et voraginem dkti Jiuvii de Canada sirr mu^na^ stationiit
" naviuni et terras de Newfoundland cum insulis ad ensdem
" terras pertinentihus a sinistra et dvinceps ad Caput sivc
" proniontorium de Cap Breton prwdictum Jarens propc
" latitudineni (juudraginta quinrpie graduum ant eo circUf
** et eL dicto promontorio de Cap Breton versus meridiem et
" occidentem ad prasdictum Cap de Sable nbi incepit peram-
** bulatiOf includens et comprehendens intra prwdictas maris
eras littorales ac earum circumferentias h mart ad mar By
omnes terras continentes rmnjluminibusj torrentibus, si-
nibus, littoribus insulis, aut maribus /acentibusprope aut
infra sex leucas ad alitjuam earumdem partem, ex Occi-
" dentuli, boreali vel Orientali partibus orarum littora^
Hum et prcecinctuum earumdem, et ab FAironoto nbi Jn-
ret Cap Breton, et e.r Australi parte ejusdem (nbi est Cap
de Sable) omnia Maria ac insulas versus meridiem intra
quadraginta leucas dictarum orarum littoralium earum-
dem, magnam insulam vulgariter appellatam Isle de
*' Sable vel Sablon includendo, jarentem versus Carban
" vulgo South South'East, circa triginta leucas a dicto
Cap Breton in mart et cxistentem in latitudine quadra-
ginta quatuor graduum aut eo circa.''*
In the Treaty of St. Germain there was a formal surrender
of all claim to the land described in the Earl of Stirling's
Patent, and it was to have been expected, that nothing more
would have been heard of that claim.
tt
(t
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However, " Colonial Historians (says Chalmers * ) with
an inattention or interestedness of which there are few
examples, have always insisted that, notwithstanding the
absolute restitution before mentioned, certain rights with
regard to ihat territory still remained in England ; and
her statesmen with a credulity and want of wisdom
equally unexampled, have implicitly adopted their senti-
*' ments.t But in what consists the justice or policy of
*^ preserving latent pretensions which cannot be defended by
*' candid discussion ? The law of nations reprobates what-
" soever contributes to disturb their repose ; and the present
• Chalmer's Political Annals of the Colonies, p. 93.
t This appears to liave been written before the American Revolution.
B
I
II-
H.
1
10
'< generation has abundant cause to deplore that system of
" mistaken politics which entailed on this Realm contentions
" and debte, that posterity may possibly regret in vain."
No sooner was Acadie restored to France in 1632, than
her Sovereign granted to De Razilly, the lands around the
Bay and River of St. Croix. The Company of New France
conveyed, in 16.35, the territory on the Banks of the River
St. John to St. Etienne De La Tour, the General of that
Colony. Massachusetts as well as the other settlements of
New England beheld with regret the progress of the French
on the adjacent coast, and dreaded their ultimate success ; and
Sedgewick who was Commander in Chief of Cromwell's for-
ces in New England, was easily persuaded to attack a people,
whose religious tenets he detested, and whose country he
hated. He acquired Port Royal by Capitulation, in August
1654 ; giving to the Inhabitants liberty in their religion, and
security for their property, and on these conditions Acadie
soon after submitted to his power.*
After the conquest of the Peninsula of Nova Scotia by the
arms of Cromwell he issued his Letters Patent granting to the
Sieurs Charles de St. Etienne, Crowne and Temple the country
and territory called Acadie by the following description, ( as
given in the French translation of it contained in the '^ Memoi'
** res des Commissaires du Roi, et de ceiix de Sa Mqjest4 Bri"
'* tannique sur les possessions et les droits respectifs des deux
" Couronnes en Ainerique" cited above.) " Le payset terri-
*^ toire appelle I'Acadieet partiedu paysnomme la Nouvelle-
" Ecosse depuis Merliguesche du cote de I'Est jusqu'au Port
etCap de la Heve rangeant les cOles de la mer jusqu'au
Cap de Sable, et dela jusqu'a un certain Port appelle le
Port la Tour, et a present nomme le Port VEsmeron, et
dela rangeant les cotes et Isles jusqu'au Cap et Riviere
Sainte Marie, rangeant les cotes de la Mer jusqu'au Port
Royal, etdela rangeant les cotes jusqu'au fond de la Baie,
et dela rangeant la diie Baie jusqu'au Fort St. Jean, et
'* de la rengeant toute la cote jusqu'a Pentagoet et Riviere
*^ St. George dans Mescourus, situe sur les confins de la
t<
* Chalmer's political Annals of the Colonies, pages 1S6>7.
life of Washington.
Marshall's
I
\
t
c
.1
and
072) el
iiviere
a Port
Baie,
tan, et
irshall's
I
11
" Nouvelle-Ano-leterre du c6te de TOuest et en dedans les
« terres tout le long des dites cdtes jusqu*a cent lieues de
^' profondeur, et plu3 avant, jusqu'a la premiere habitation
'^ faite par les Flamans ou Fran9ois, ou par les Anglois de la
" Nouvelle-Angleterre."
In the month of November 1655 a treatywas made between
the two nations. France demanded the restitution of the
country which had been taken from her. The English Go-
vernment set up claims to this country. The decision of this
controversy was by the 25th Article of the treaty of West-
minster referred to Commissioners, but the question was only
ultimately settled by the treaty of Breda. The restitution of
Acadie and the other possessions of France in America, which
had been conquered by the English, was stipulated for by that
treaty made in 1667, and carried into effect in 1670.
The article of the treaty of Breda relating to the restitution
of Acadie is in the following words : — "Le ci-devant nomme
" Seigneur le Roi de la Grande-Bretagne restituera aussi et
" rendraaii ci-dessusnomm6 Seigneur le Roi Tres-Chretien,
** ou a ceux qui auront charge et mandement de sa part, icelle
** en bonne forme du Grand Sceau de France, le pays ap-
" P'elle r Acadie, situe dans TAmerique Sepientrionale, dont
*' le Roi Tres-Chretien a autrefois joui, etpour ex^cuter
" cette restitution, le sus-nomme Roi de la Grande-Breta-
gne incontinent apres la ratification dela presente alliance,
fourniraau sus-nomme Roi Tres-Chretien, tous les Actes
et Mandemens expedies duement et en bonne forme, ne-
cessaires a cet effect, ou les fera fournir a ceux de ses Mi-
nistres et Officiers qui seront par lui deldgues.'*
The Act of restitution of Acadie by the Crown of England
bears date the 17lh of February, 1667 — 8, and will be found
in the Appendix to this paper under the letter A.
Here then is a second restitution not cession of Acadie
which formed a portion of the territory comprised in the Let-
ters Patent of James the First, an.l Charles the First in favor
of Sir William Alexander.
In 1674 the Fort of Pentagoet was attacked by an English-
man with the crew of a Flemish shhp, and taken possession
12
I
of, as well as that of Fort St. John. In 1680 some men
from Massachusetts seized upon the same Forts which they
abandoned, and the Baron of St. Castin who had repaired
thatof Pentagoet was summoned by the Governor of New-
England to evacuate it.
These acts of aggression were made the subject of loud
complaints on the part of the French Colonists, and the Bri-
tish Colonists on their part complained of similar acts of
aggression within their territories by the French Colonists. —
The war commenced anew between the two nations in 1 689,
and in the month of October, 1690; the English took Port
Royal and Chedabucto and summoned Quebec in the month
of October in the same year, 1690. The peace which was
re-established in 1697, restored tranquillity to America leav-
ing the belligerents in possession of the territories they had
there before the war. This treaty known by the name of the
treaty of Ryswick, like the two preceding treaties of St. Ger-
mains and Breda, contains a restitution to France of her
North American possessions generally, and under it the great
Peninsula of the River and Gulf of Saint Lawrence was res-
tored to that power.
This peace, however, was but of short duration, and the
war again commenced between the two nations in 1702. The*
treaty of Utrecht put an end to this war in 1713. By the
twelfth Article of this treaty His Most Christian Majesty
ceded and transferred to the Queen of Great Britain, Novam
Scotiam quoque sive Jlcadiam totam limitibus suis antiquis
comprehensam ut et Partus Regis urbem, nunc Annapolim
regiam diet am ceteraque omnia in istis regionibus, quce ab
iisdem terris et insulis pendent, Sfc.
It is not necessary at present to enter into the details of the
controversies which arose between the two States upon the
construction of this article of the treaty.
The original limits of Acadie, as established by the letters
patent to the SieurDe Monts, as Lieut. General of that Coun-
try and the adjoining countries, bearing date the 8th Novr.
1603, embrace the country between the 40th and 46th
degrees of latitude. The grant of the company of New-
France to Charles De St. Eticnne, SieurDe La Tour, Lieu-
u
oi
E
n;
13
i
'. men
I they
)aii'e(l
New-
■ loud
\e Bri-
cts of
sts. —
1689,
i Port
month
;h was
I leav-
!y had
of the
t. Ger-
of her
e great
IS res-
nd the
^. The*
By the
lajesly
Vovam
ntiquis
'ipolim
mce ab
of the
on the
letters
Coun-
Novr.
46th
New-
Lieu-
tenant General of Acadie, of the Fort of La Tour, on the
River St. John, bears date the II th February, 1638, and
contains a grant of Le Fort et habitation de la Tour situi
en la Riviere St. Jean en la Nouvelle France entre les
guarante-cinq et quarante-six digres de latitude, ensemble
les terres prochainement adjacentes it icelui dans I'entendue
de cinq lieues audessus, le long de la dite riviere, sur dix
lieues de profondeur dans les terres, <5fc, Sfc, tenir le tout en
Jief mouvant et relevant de Quebec, 6$c,
Difficulties having previously existed between M. De St.
Etienne and M. leCommandeur De Razilly, Lieut.Generalof
New France, who had settled upon, or near, the Bay of
Fundy, and held a grant of the River and Bay of St. Croix,
of twelve leagues in breadth and twenty leagues in depth,
His Most Christian Majesty Louis XIII. by a letter dated the
loth February, 1638, and addressed to Mr. De Razilly, de-
termines the limits of Mr. De Razilly's government and those
of Acadie, which letter was addressed to Mr. De St. Etienne
in the following words : — " Monsieur D'Aulnay Charnisay
*' — Voulant qu'il y ait bonne intelligence entre vous et le
Sieur de la Tour sans que les limites des lieux ou vous
avez a commander I'un et Tautre puissent donner sujet
de controverse entre vous; j'ai juge a propos de vous
faire entendre mon intention, touchant I'etendue des
dits lieux, qui est que sous I'autorite que j'ai donne a
mon cousin le Cardinal, Due de Kichelieu sur toutes les
terres nouvellement decouvertes par le moyen de la
navigation, dont il est Su»'intendant, vous soyez mon
Lieutenant General en la Cote des Etchemins, a prendre
depuis le milieu de la terreferme de la JSaie Francoise, en
tirant vers les Virginies, et Gouverneur de Pentagoet
et que la charge du Sieur mon Lieutenant G4n4ral en la
Cote d' Acadie soil depuis le milieu de la dite Baie Fran-
qoise jusqu'au detroit de Canseau, 8^"., Sfc*
The Sieur De La Tour was, on an accusation of keeping
up communications with foreign Protestants, arrested by
order of the Court of France and sent home, and the Sieur
De Charnisay succeeded in getting annexed to his govern-
ment in 1647, under the name of ** I'Acadie & confins,"
* Menif des Codidi. et Pieces justificatives.
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II
I
14
the two territories whereof one was known by the name of
Etchemins, and the other by that of Acadie. The Sieur De
Charnisay did more, for he obtained a grant of the country
which extends from Cape Canseau to Cape Rozier, at the
entrance of the Gulf of the St. Lawrence, which had never
before formed part of the government of the Etchemins nor
of that of Acadie ; but the King of France afterwards, in
the year 1634, made a grant of this latter tract to the Sieur
Denys.*
M. De Charnisay died in 1650, and the Sieur De St.
Etienne having exculpated himself from the charges made
against him, obtained letters patent not materially different
from those which had been granted to M. De Charnisay
in 1647.
It appears from the foregoing that the country designated
in the aforesaid letter to M. De Charnisay, by the name of
Acadie ; and the country designated in the commission of
1647 to M. De Charnisay, and likewise in the commission
to M. De St. Etienne, in 1651, in like manner designated
by the name of Acadie ; and the country designated by the
same name by Cromwell, in the grant toCrowne and Temple,
differed in their metes and bounds from each other, and that
they all differed, in their metes and bounds, from the country
described in the letters patent of James I. and of Charles I.
in favor of Sir Wm. Alexander, and there called Nova Scotia.
This ambiguity gave rise to long discussions between the
commissioners of the two powers, which could hardly end
otherwise than in a war. The English commissioners, on
the part of His Majesty, in two memorials presented to the
commissioners of His Most Christian Majesty, bearing
date the 21st September, 1750, and the 11th of January,
1751, claimed the whole country lying to the eastward of a
line running due north, from the mouth of the Kennebec,
and striking the St. Lawrence nearly opposite Quebec. —
On the other hand, the Governor General of Canada
encouraged the Acadians and Indians to remove from the
new possessions of Great Britain to the neighbouring estab-
lishments belonging to France, and furnished both with
Mem, des comm.
15
provisions and clothes at an enormous expense id the
Government of France.* Great efforts were made, and
expenses incurred on both sides, to secure the alliance of
the Indians. The crisis was fast approaching, when it was
to be determined which of the two nations was to obtain the
ascendancy in the vast territory lying between the Gulf of
Mexico and the Gulf of St. Lawrence.
We now come to the war which ended in the conquest of
Canada, in 1759, and in its cession, in 1763. As early as
1749 the Marquis De La Gallissoniere, then Governor
Geueral of New France, began to act openly. He was
only relieved in the month of September in that year, and
1t)y that time all his orders had been given.
In the Spring he had sent a Colony to Detroit and had
established a garrison there. He had afterwards caused
other forts to be built ; those of " Bale des Puans, des
Scioux, de Toronto," afterwards called fort Rouille, and
that of the River de la Presentation. He had reinforced
the forts of Frontenac and Niagara. He had taken mea-
sures to transfer the Indian trade from the English fort of
Choueguen (now Oswego) to the French posts and forts. —
He had ordered all English who should be found trading
with the savages within the limits which he prescribed, to
be arrested, and several were so.
But the most important event which occurred in this year
was a solemn proclamation made by theMarquis De LaGalis-
soniere, in the name of the King of France, of the exclusive
rightof his Sovereign to the whole of Canada. He sent a
strong detachment, under the Sieur de Celeron, to determine
the limits of Canada, which he fixed at the River Ohio, then
called La belle riviere. He caused public and authentic
possession to be taken of that river in the name of the King
of France. He had planted on its banks, posts decorated
with his Ring's arms. He had boundaries planted, and
had attached to them medals in lead, which represented,
orrecalled to mind that event, with inscriptions establishing
* It is probable that the inhabitants of Madawaska are descended from
these Emigrants if not from older Settlers.
Mem. pour M, Bigot Intendt. de la Nouv. France.
I
t.4
p.
16
the taking' possession. He thus declared implicitly that
the fort of Choueguen and some other English establish-
ments on "this side of the River Ohio were encroachments,
from which the English must either withdraw or be
expelled.
An idea may be formed of the astonishing efforts made
within the colony at that time, from some facts stated by
M. Bigot, then Intendant General of Canada, in his
defence upon an accusation of peculation preferred against
him after his return to France, on the conquest of this
country in 1739.
According to him, and he could have had no interest in
augmenting the amounts, the stores sent to Louisburg and
the Island of St. John, in 1750, amounted to 333,600 livres
15 sols and 8 deniers, and the expense for the posts at
the River St, John and Chediak for the same year was
297,389 livres 19 sols and 4 deniers. It appears in the
same memorial that there was sent to the River St. John,
in 1751, 800 barrels of flour and 100 barrels of pork by the
French Government.
The estimate by M. Bigot, for the expenses of the frontier
posts of Acadie, for the year 1751, amounts to 826,503
livres 9 deniers. The expense in that year at the post of
the point of Beau Sejour alone, for provisions distributed,
amounts to 60,000 livres. The expenses of 17.52 exceeded
those of 1751.
In 1753 the Marquis Du Quesne attempted to take anew,
possession of the River Ohio, and built several forts there.
The Sieur Marin, whom he sent thither with a numerous
body of men, built several forts in that country, and among
the rest, a fort to which the name of the Governor in Chie^
was given.
M. Bigot states the expenses incurred for that expedition,
up to the 1st of October, 1753, at 2,658,230 livres 9 sols
and 4 deniers. He stated in his despatch of that month to
the French Minister, that he had informed the Marquis
Du Quesne that from the manner in which the expedition
was carried on, it would cost at least 3,000,000, to which
y that
ablish-
ments,
or be
s made
ted by
in his
Eigainst
of this
3rest in
irg and
livres
posts at
ar was
in the
t. John,
L by the
rontier
526,503
)ost of
buted,
ceeded
anew,
there.
Inerous
among
Chief,
;dition,
9 sols
►nth to
[arquis
idition
which
1
17
the General had answered. " que c'dtoit le sahit du Canada,
" et qu'on ne pouvoit s'en departir.'' Upon the operations
ending on the 1st of October, 17^3, and stated by M.
Bigot to have been paid, is not included the expense of a
detachment of 1040 men, who were to proceed under the
command of the confidential friend of M. Bigot, M. Pean,
to the Belle Riviere, nor tlie wages of the workmen in
digging the foundations of, and in building the forts, nor
tlie expenses of the transport of 18 or 20,000 quintals of
merchandize from Presqu'ile to the River aux Boeufs, a
distance of eight leagues, which was i;ffected on men's
backs.
In 1753 the same efforts were continued, and besides a
large issue of paper currency which was depreciated 30
per cent, M. Bigot drew Bills of Exchange on the French
Treasury, to the amount of three millions and a half.
The expenses in the years 1754 and 1755 of the French
Government, in carrying on their project of aggrandize-
ment in North America, were enormous. The Intcndant's
estimate for the French posts upon the Ohio alone, in the
year 1756, amounted to between two and three millions of
iivres. The estimate of the same officer, transmitted from
Canada to France on the 29th of August, 1758, for the
following year of 1759, amounted to from thirty-one to
thirty- three millions of livres. It appears that twenty-four
millions were actually drawn for before the taking of
Quebec, in September, 1759.*
The foregoing circumstances are adverted to for the
purpose of showing the character of the war which was
terminated by the treaty of 1763, containing a cession of
all the North American possessions of France 'o Great
Britain. It was a war of conquest on both sides, and one
wherein each party felt that the question of British or
French ascendancy in the North American continent would
be finally and irrevocably settled. The efforts made by
the British nation, and by the colonists of Great Britain,
corresponded with the magnitude of the object at stake, —
The detail of these need not here be entered into, contained
* Mem. pourM. Bigot, Intendt. de laNouv. France.
!
IF
It 1
18
as they are in historical works in tlie possession of all.
There is one document however, of such great intrinsic
merit, and disclosing so fully and distinctly the views
entertained by the leading men in the English North
American Colonies of that day, respecting the controversy
which was just about to be settled by the ultima ratio regum,
that I cannot forbear to advert to it.
It is entitled " A memorial, stating the nature of the
" service in North America, and proposing a general
plan of operations as founded thereon," and is to be
found in the appendix to a work of Governor Pownal,
entitled " The Administration of the British Colonies."
This document is the more important when it is recollected
that the map, commonly called M itchelPs map, was com-
piled by the direction of, and from materials furnished by
the author of this paper, and published about the same time
that this paper was written. — It was, in fact, a war map.
The treaty of 1763 left Great Britain sole and undisputed
master of all the territory on this side of the Mississippi.—
The French division lines came to be obliterated. They
were, in the language of the civilians, destroyed per
confusionetn.
It became, then, necessary to establish new provincial
lines of division of the conquered territories.
By the proclamation of 1763, " The government of Que-
bec is bounded on the Labrador coast by the River Saint
John, and from thence by a line drawn from the head
of that river, through the lake Saint John, to the south
end of the lake Nipissim ; from whence the said line,
crossing the River Saint Lawrence, and the lake Cham-
plain in forty-five degrees of north latitude, passes along
the high lands which divide the rivers that empty them-
'^ selves into the said River Saint Lawrence from those
'* which fall into the sea ; and also along the north coast of
" the Bay des Chaleurs, and the coast of the Gulf of Saint
*' Lawrence to Cape Rosier, and from thence crossing the
" mouth of the River Saint Lawrence, by the west end of
*^ the Island of Anticosti, terminates at the aforesaid River
a
a
i
<(
Saint John.
19
all.
Que-
Saint
head
outh
line,
Biain-
long
■lem-
hose
St of
aint
the
dof
Liver
\
There can be no doubt as well i'rom the tenor of this
proclamation as from other evidence, tiiat the intention of
His Majesty's Government, at that time, was to assimilate
the new acquisitions on this continent, in religion, laws,
and government, to the other dominions of Great Britain
in North America.
It has so often been asserted that Great Britain was
restricted by the terms of the capitulation, from changing
the old laws of the country, that many believe such to be
the case. But this is an error ; as may be seen upon
referring to the capitulation itself.
It was expected that the conquest of Canada would secure
the tranquillity of the North American possessions of England.
The very contrary of this happened, and the prediction of
the Due de Choiseul, and of Burke was verified. France, no
longer skirting our old colonies with her well ordered line
of posts, and the warlike Indian tribes of this continent,
over which she possessed unlimited control, the internal
discontents of the colonies, ceasing to be compressed by a
powerful external enemy, burst forth with encreased
violence. — Great Britain had incurred an enormous
expense during the war of 1739, and was desirous of being
refunded some portion of it by the colonies. But the
colonies themselves had also made immense sacrifices both
in men and money. — " When Mr. Grenville began to form
his system of American revenue, he stated in the House of
Commons, that the colonies were then in debt two million
six hundred thousand pounds sterling money ; and was of
opinion they would discharge that debt in four years. In
this state, those untaxed people were actually subject to
the payment of taxes to the amount of six hundred and
fifty thousand pounds a year. In fact, however, Mr.
Grenville was mistaken. The funds given for sinking the
debt did not prove quite so ample as both the colonies and
he expected. The calculation was too sanguine; — the
reduction was not completed till some years after, and at
different times in different colonies."
The plan of taxing the Colonies for a revenue to be levied
under the authority of the Imperial Parliament and to be ap-
Burke.
u
I»
i^
I
!|:
if
lii)?
ao
plied to imperial purposes by it, was first attempted to be
carried into etfect by Mr. Grenville*8 Act of 1767. The dis-
contents produced by this measure and the general fermen-
tation in the old Colonies seem to have induced a change in
the views of England relative to the new acquisitions on this
continent. In the rupture which it was easy now to see
must take place, the probability was, that these latter would
remain faithful to Great Britain. To assimilate the new
acquisitions to the old ones would facilitate their union with
the old Colonies. To secure to the new subjects their laws
and religion was calculated at once to alienate them from
the other colonies and to attach them to Great Britain. —
Such seems to have been the motive of the provisions of
the 14th of the King, relative to the old laws and religion
of the mass of the inhabitants of the then Province of
Quebec.
The first public document in which we can trace the
operation of these new views of policy is in a Report made
in 1769 by His Excellency Brigadier General Carleton, the
Governor in Chief of the said Province to His Majesty in
Council, concerning the administration of the laws and the
state of justice in the said Province, which suggests to His
Majesty the reviving of the whole of the French laws in
civil matters.
The French settlements could not be considered as ex-
tending below the Bay des Chaleurs. There was no reason
then of Policy or Justice to extend the French laws in that
direction beyond that Bay ; leaving all beyond it towards
the Gulf to the Province of Nova Scotia. The boundaries
of the Province of Quebec as given in the 14th of the King
are as follows :
((
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te
ec
te
<i
i(
All the territories, islands and countries in North
America, belonging to the Crown of Great Britain,
bounded on the south by a line from the Bay of Chaleurs
along the high lands which divide the rivers that empty
themselves into the River Saint Lawrence, from those
which fall into the sea, to a point in forty-five degrees
of northern latitude, on the eastern Bank of the River
Connecticut, keeping the said latitude directly w«st
SI
((
((
(<
(.
" through the lake Chainplain, until in the same lati-
tude, it meets the River Saint Lawrence ; from thence
up the eastern bank of the said river to the Lake
Ontario, thence through the Lake Ontario, and the
river commonly called Niagara, and thence along by
" the eastern and south-eastern bank of Lake Erie, fol-
*^ lowing the said bank, until the same shall be intersected
'^ by the northern boundary, granted by the Charter of the
" province of Pensylvania, in case the same shall be so
" intersected, and from thence along the said northern and
" western boundaries of the said province, until the said
'^ western boundary strikes the Ohio ; But in case the said
^' bank of the said Lake shall not be found to be so inter*
*' sected, then following the said bank until it shall arrive
•* at that point of the said bank which shall be nearest to
" the north-western angle of the said Province of Pensyl-
vania, and thence by a right line to the said north-
western angle of the said province, and thence along the
western boundary of the said province, until it strikes
the River Ohio, and along the bank of the said river,
westward, to the banks of the Mississippi, and
** northward to the southern boundary of the territory
*^ granted to the merchants ac/venturers of England, trad-
*^ ing to Hudson's Bay, and also all such territories, islands
*' and countries which have, since the tenth of February,
" one thousand seven hundred and sixty-three, been made
part of the Government of Newfoundland, be, and they
are hereby, during His Majesty's pleasure, annexed to,
and made part and parcel of the Province of Quebec, as
created and established by the said Royal Proclamation
*^ of the seventh of October, one thousand seven hundred
*' and sixty-three."
The Royal Commission which was about the same time
granted to Montague Wilmot, Esq. appointing him Captain
General and Governor in Chief over the Province of Nova
Scotia, thus describes the limits of that Province, namely :
«
cc
cc
cc
cc
cc
cc
m
cc
cc
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" To the northward, our said province shall be bounded
by the southern boundary of our province of Quebec, as
far as the western extremity of the Bay des Chaleurs ;
to the eastward by the said bay and the Gulf of Saint
!l
■, ii
22
Luwrf'ncc, &c. and to tlie westward, altlunji»li our said
province liatli anciently extended, and dotli of right
extend, as far as the River Fenia^oet, or Penobscot ; it
shall be bounded by a line drawn troni Cape Sable across
the entrance of the Bay of Fundy to the mouth of the
River St. Croix, by the said river to its source, and by a
line drawn due north from thence to the southern
boundary of our Colony of Quebec."
But as well the line running from Cape Rosier to the
height of land, as the line running from the Bay des
Chaleurs to the height of land, are partition lines, only as
between the Province of Nova Scotia and the Province of
Quebec.
it
t(
tt
((
I proceed now with the main subject. The unfortunate
war of the revolution is known to us all : and I pass over to
the next great epoch in this inquiry, which is the treaty of
peace between Ureat Britain and her old colonies, con-
cluded at Paris in the year 1783.
The main end and object of that treaty, was the
recognition by Great Britain of the independence of
her old colonies as a separate nation, with all the
powers and rights incident to sovereignty. The sub-
ordinate provisions of the treaty must, then, be looked
at in relation to this, its great end and object. To recog-
nize the old colonists as sovereigns of their own possessions,
was one thing; to surrender the new acquisitions of Eng-
land to the newly erected State, would have been another.
The war, so far as the colonies were concerned, had never
been a war of conquest; it was a war of principle. And if
it could by any means be looked upon as a war of conquest,
it had in that view entirely failed, for the American arms
had been repelled from the new possessions of England. —
These new possessions had remained faithful to their
Sovereign. A demand made to Great Britain, of a surren-
der of a portion of her undoubted territories and an
abandonment of her faithful subjects in these colonies,
was one which if made, would have been instantly reject-
ed as an indignity.
23
the
e of
the
sub-
oked
icog-
ions,
ng-
her.
ever
ndif
uest,
arms
d.—
heir
ren-
ati
nies^
The most rosti'icf/^d claim of Grent Uritain emhrnced
tlieSt. Croix. The French, wlioin they now represented,
for n long time claimed to the Kennebec. The Penobscot,
or IVntagoc't, as it is called by the Frencli, was also long in
controversy between the two nations, and it is believed that
it will be found that the French settlements upon the
Penobscot are anterior to the English. This is probably
the reason why we find ihe Penobscot in discussion^ as a
boundary botwccn the two countries, both at the treaty of
1783, and at the treaty of Ghent. The American negoci-
ators of the trcaly of i783, themselves, felt the force of
these obvious reasons. Mr. Adams, one of the negociators
of that treaty, in his examination before the commisBioners,
under the fifth article of the treaty of 1794, for determining
the true St. Croix, produced in evidence on this occasion
by the American agent, states as follows: — " The British
commissioners first claimed to Piscata(;[ua River, then to
Kennebec, then to Penobscot, and at length to St. Croix,
as marked on MitchelTs map. One of the American
Ministers at first proposed the River St. John, as marked
on MitchelTs map, but his colleagues observing that as
the River St. Croix was the river mentioned in the
charter of Massachusett's Bay, they could not justify
insisting on the St. John as an ultimatum, he agreed with
them to adhere to the charter of Massachusett's Bay."
tt
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t(
if
t{
Again in the secret journals of the old Congress, most
opportunely published in Boston, in August J 821 ; we find
the instructions of Congress to their Commissioners for re-
gulating the treaty of 17S3, including an original project
of the article respecting boundaries from which the follow-
ing are extracts :— " these States are bounded north by a
" line to be drawn from the north-west angle of Nova
*' Scotia, along the highlands which divide those rivers,
" that empty themselves into the River Saint Lawrence,
" from those which fall into the Atlantic Ocean to the north-
" westermost head of Connecticut River. " The southern
boundary is made to terminate as in the definitive treaty by
a line " drawn along the middle of St. Mary's River to the
♦* Atlantic Ocean."
I
Ili
i^
>■ \i-
<l
24
The description continues " east by a line to be drawn
** along the middle of St. John's River from its source to
*' its mouth, in the Bay of Fundy, comprehending all
" Islands, &c, " as in the definitive treaty describing
the points where the boundaries " respectively touch the
" Bay of Fundy and the Atlantic Ocean."
The object of Great Britain, as well in the treaty of
Utrecht as in the treaty of J 783, so far as regards this
territory seems to have been to secure the Fisheries
upon its coasts, and this object was fully attained by taking
the St. Croix as the boundary. The Marquis De La Galis-
soniere, than whom no man was better acquainted with the
public affairs of this continent, in his diy informs us, that
such was the object of the treaty of Utrecht, in the twentieth
article of the memorial of the Commissioners of His Most
Christian Majesty, upon the limits of Acadie, signed by him-
self and Mr. De Silhouette, and bearing date the 4th Octr.
1751, says: — " II est ais^ de reconnoitre que I'objet
principal des Anglois au traits d'Utrecht ^toit de s*assu-
rer de la p^che ; c'est dans cet esprit que TAngielerre
se fit ceder I'Jble de Terre-Neuve, c'est aussi dans le
m^me esprit qu'elle se fit c^der TAcadie ; et que pour
donner plus de faveur surtout aux p^ches de la Nouvelle
Angleterre, ellestipulala jouissance exclusive des Bancs
qui sont situes vis-a-vis les cotes d'Acadie, et qui sont
extremement abondans en poisson. Ce dernier objet se
trouvoit rempli par la cession de I'Acadie, telle qu'elle
a et^ ddsign^e dans le cours de ce mdmoire, a qui puisse
convenir cette p^che exclusive ; ni la c6te des Etchemins,
ni aucune de celles du Golfe Saint Laurent, n'ont des
Bancs a leur sud-est, sur lesquels on puisse p^cher."
((
tc
ce
(C
ce
cc
a
<c
cc
e<
ce
The point of departure once settled, the next subject of
discussion would be the direction of the line. The first
mention, which I find made of this line is again in the
Marquis De La Galissoni^re's memorial 5 it is in the fol-
lowing words :
((
L'objection d'incertitude sur ces limites, ne peut done
'^ tombcr que sur celles de I'inte'rieur des terres ; et cette
" decision est une preuve de Texactitude et la bonne foi
II
>y
25
" que les Commissaires du Roi se sont proposd d*apporter
" an r^glement des limites^ puis que ce qu'ils auroient pu
" marquer h. cet ^gard, auroit ^t^ arbitraires, n'y ayant
" jamais eu dans le fait aucuues liinites etablies dans cette
" partie^ et c'est Ik pr^cisement Tobjet de ce quiestk re«
" gler entre les Commissaires respectifs.
" Dans de pareils cas, la r^gle la plus usit^e et la plus
'^ convenable, est d'^tendre les limites dans Tinterieui* des
" terres, jusqu'a la source des rivieres qui sedechargent k
'* la cote, c'est-a-dire ; que chaque nation a de son c6t6
" les eaux pendantes ; c'est ainsi qu'on en a use a la paix
" des Pyrenees, pour fixer les limites entre la France et
'* TEspagne ; et si les Commissaires du Roi connoissoient
'* une r^gle plus equitable, ils la proposeroient aux Com-
** missaires de Sa Majeste Britannique/'
The article of the treaty of 1783 which relates to this line
of boundary U the 2nd article, and it provides as follows :
'* That all disputes which might arise in future on the
subject of the boundaries of the United States maybe
prevented ; it is agreed and declared, that the following
are and shall be their boundaries, viz : from the north-
*' west angle of Nova Scotia, viz : that angle which is form-
ed by a line drawn due north from the source of the St.
Croix River to the highlands, along the said highlands
" which divide those rivers, that empty themselves into
*^ the River Saint Lawrence from those which fall into the
'' Atlantic Ocean to the north-westernmost head of Connec-
*' ticut River, thence down along the middle of that river,
^' to the 45th degree of north latitude, from thence by a line
^* due west on said latitude, until it strikes the River Iro-
puois or Cataraquy."
The southern boundary is terminated " by a line down
along the middle of St. Mary's River to the Atlantic
" Ocean." The boundary is continued " east by a line to
'* be drawn along the middle of the River St Croix from its
" mouth in the Bay of Fundy to its source, and from its source
" directly north to the aforesaid highlands which divide
*• the rivers that fall into the Atlantic Ocean from those
'^ which fall into the River Saint Lawrence, eomjjfvehefkd'
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26
*(
1 ii
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1 1
li
ing all islands within twenty leagues of any part of the
'* shores of the United States, and lying between lines to
be drawn due east from the points where the aforesaid
boundaries between Nova Scotia on the one part, and
*' East Florida on the other, shall respectively touch the
" Bay of Fundy, and the Atlantic Ocean, excepting such
^* islands as now are, or heretofore have been within the
" limits of the said Province of Nova Scotia."
The next public document to be looked at is the treaty
between Great Britain and the United States of America,
made on the 19th of November, 1794. The fifth article of
that treaty is to the following effect : — " Whereas, doubts
have arisen, what river was truly intended under the
name of the River St. Croix, mentioned in the said
treaty of peace, and forming a part of the boundary
therein described, that question shall be referred to the
final decision of commissioners to be appointed in the
following manner, viz. : —
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" One commissioner shall be named by His Majesty,
and one by the President of the United States, by and
with the advice and consent of the Senate thereof, and
the said two commissioners shall agree on the choice of
a third ; or if they cannot so agree, they shall each
propose one person, and of the tw^o names so proposed,
one shall be drawn by lot in the presence of the two
original commissioners; and the three commissioners so
appointed, shall be sworn, impartially to examine and
" decide the said question according to such evidence as
" shall respectively be laid before them, on the part of the
" British Government and of the United States. The said
" commissioners shall meet at Halifax, and shall have power
" to adjourn to such other place or placesasthey shall think
" fit. They shall have power to appoint a secretary, and
'^ to employ such surveyors or other persons as they shall
" judge necessary. The said commissioners shall, by a
" declaration under their hands and seals, decide what
" river is the River St. Croix, intended by the treaty. —
'* The said declaration shall contain a description of the
'* said river, and shall particularize the latitude and
<* longitude of its mouth and of its source. Duplicates of
)()wer
think
, and
shall
by a
what
ity.--
)f the
and
ites of
27
" this declaration, and of the statements of their accounts,
•* and the journals of their proceedings, shall be delivered
** by them to the agent of His Majesty, and to the agent
" of the United States, who may be respectively appointed
" and authorized to manage the business on behalf of the
*' respective governments ; and both parties agree to con-
" sider such decision as final and conclusive, so as that
" the same shall never thereafter be called into question,
" or made the subject of dispute or difference between
" them/'
Soon after the making of this treaty, Thomas Bar-
clay, Esquire, on the part of His Majesty, and David
Howell, Esquire, on the part of the United States,
were named commissioners to carry the above clause into
effect. In 1796 Egbert Benson, Esquire, a Judge of the
Supreme Court of the State of New York, was appointed
as an umpire by the mutual agreement of both commis-
sioners to settle a question which it seems had arisen whether
the Iliver St. Croix, mentioned in the foregoing treaties,
was the river now known by the name of the Magaguada-
vie as was contended on the part of the United States, or
the river now known by the name of the River Schoodic as
was urged on our part. The umpire determined, that the
River Schoodic was the true St. Croix.
A new difficulty arose, after ascending the St. Croix for
about five and twenty miles ; at that distance two streams are
met with, the one from the westward, taking its source in
the Crooked Lake and running through a succession of
large lakes, commonly called the Schoodic Lakes ; the other
taking its source in a lake called Grand Lake, and empty-
ing itself at the same point, as the waters proceeding from
the Schoodic Lakes at a distance as was mentioned before
of about 25 miles from the mouth of the St. Croix. The
American commissioner contended, that the latter branch
of the St. Croix was that branch at whose head waters the
point of departure was to be taken, whilst on the other hand
the commissioner named by Great Britain, urged, that the
point of departure could not be any other than the highest
waters of the westernmost source of the St. Croix.
It is somewhat surprisingf^ that such a claim should have
I
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n
been at all set up by the American commissioner. The St.
Croix being the westernmost boundary of Nova Scotia, it's
westernmost waters were alone to be looked at. Again, in
the original letters patent to Sir William Alexander, the
western branch of the St. Croix is expressly named as the
boundary of the Province of Nova Scotia. The words in
this patent it will be recollected are " ad fluvium vulgo no-
" mine Santae Crucis appellatum, et ad scaturiginem re-
" motissimam sive fontem ex Occidentali parte, ejusdem
*• qui se primum praedicto fluvio immiscet." Other reasons
might be added, but it is sufficient to say, that at the expi-
ration of two years from the time when the difficulty was
first started, ( A. P. 1798, ) a decision was made by the
umpire^ rejecting, as might have been expected, the Ame-
rican pretensions upon this score.
For this we have the authority of a writer who has
published a pamphlet on this subject under the signature of
Verax, who evidently had access to the original documents of
the commission, and could not have been mistaken upon a
point of such vital importance. His words in his first letter
are as follows :
" The next year after this treaty was concluded, viz. in
" the year 1784, a part of the ancient Province of Nova
" Scotia, bordering on the United States, was erected into
" the Province of New Brunswick, and settlements were
*' made by the King's subjects, at St. Andrews, and on the
River Schoodic, as being the St. Croix, and the boun-
dary of the treaty. The Americans soon set up a claim
to the River Magaguadavic, as the St. Croix ; and the
treaty of amity, commerce, and navigation, made in the
year 17^4, commonly called in the United States, Jay's
treaty, provided for settling this question by a board of
three commissioners. By the provisions of this treaty,
one commissioner was to be appointed by each govern-
ment, and the two commissioners so appointed, were to
agree in the choice of a third ; or if they could not agree,
each was to propose one person, and of the two names so
proposed, one was to be drawn by lot, in the presence of
the two original commissioners. In this instance, the
two Qi%i^T cofnj9xssM)iȣrs did Bgve^ m ih^ choice of a
it
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29
le St.
I, it's
in, in
, the
as the
[•(Is in
;o MO-
ni re-
isdein
;asons
expi-
y was
by the
Ame-
10 has
ture of
lentsof
upon a
t letter
VIZ. in
Nova
(1 into
,s were
on the
boiin-
claim
d the
in the
Jay's
ard of
treaty,
overn-
ere to
agree,
mes so
nee of
e, the
e of a
7
*' third. A Judge of the Supreme Court of the State of
New York, and a man whose character stood high for
talent and integrity ; it being probably thought more
adviseable by the Britisli commissioner, to select, by mu-
" tual choice, an individual whose character was known to
" him although a citizen of the United States, than to trust to
*' the nomination of a third commissioner, and thus, in all
" probability, the decision of the controversy entirely to
" chance.— This was in the year 1796. The discussions
** before three commissioners were continued until the
" Autumn of J798 ; the Magaguadavic being throughout,
" most strenuously insisted upon as the true Hiver St.
" Croix, on the part of the United States. The result in
^' the first instance was, at the time, well understood to be,
" that the third commissioner, who was, in fact, the
** umpire, expressed himself satisfied that the British claim
" was fullif established to the River Schoodic, as the River
^' St, Croix, truly intended hy that name in the treaty of
" 1783, and to the western branch op that river, as
<« THE TRUNK AND MAIN RIVER ; the Original commissioner
** expressing himself to be of a different opinion."
It would seem, that after so giving his opinion, the
commissioners and umpire were all fundi officio, and
that it remained only to place the boundary stone, indicat-
ing the point of departure at the head waters of the western-
most source of the Schoodic Iliver. This was not done.
It is certain, that the boundary mark of the point of
departure was fixed at the highest waters of the northernmost
source of the Schoodic River. It is from this fata) source, that
all the difficulties, which for the last 35 years have embarrass-
ed the settlement of this most important question have risen.
It is this, and not any ambiguity in the treaty of 1783 which
has protracted for so many years and still keeps nnsettle<l a
negociatioji, which if the point of departure had been pro-
perly placed at the highest head waters of the westernmost
source of the Schoodic, either would not have been at all
nacessary, or must have been settled in six months ; and
this is the next part of the enquiry to which I shall proceed.
But before doing so I would beg leave to state this occur-
rence in the words of the author of Verax, and also in those
■•?
11
%i
P
30
of the author of a pamphlet published in London, in 1826,
entitled, " Considerations of the Claims and Conduct of
«' the United States respecting the North Eastern Boundary,
" and of the the value of the British Colonies in North
" America.— London, 1826."
Theformer of those writers goes on to say : " The third
commissioner however, placed the source of the river,
" which the treaty required to be particularized, at the
" mouth of the easternmost of the Schoodic Lakes, where
he seems to have considered it as losing the form
of a river. This point is situate about five or six miles
above the confluence of the Cheputnaiicook with the
main river, and on a meridian several miles to the east-
ward of the source of the Cheputnaticook. In this state
of things, it was proposed by the American agent, b^
way of accommodutiony to adopt the extreme northern
source of the Cheputnaticook, or northern branch of the
Schoodic, as the source of the St. Croix. The induce-
ment to this proposal, on his part, was said to be to save
to the state of Massachusetts, certain grants of land that
had been made by that state between the western and
'^ northern branches of the Schoodic ; and as this proposal
^* placed the source of the St. Croix on a meridian consi-
*^ derably to the westward of the point named as the source
^^ of the river by the third commissioner, it was acceded
to on the part of His Majesty, and brought about what
was evidently a very desirable object — an unanimous
*' decision of the three commissioners, who accordingly, by
" their declaration, established the River Schoodic, and the
'^ northern branch of that river to its source, as the River
St. Croix, truly intended in the treaty of 1783. The
declaration of these commissioners, is thus spoken of by
the President of the United States, in his speech to
Congress, December 8th, 1798. This decision, it is
understood, will preclude all contention among indi-
vidual claimants, as it seems that the Schoodic, and its
northern branch, bound the grants of lands which have
" been made by the respective adjoining governmeBts.
It
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" I have been thus particular in the history of the
decision with regard to the River St. Croi? , which was
a matter of notoriety at the time, and it is reasonable to
1826,
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31
suppose may be substantiated by documents in the hands
of those officially connected with the transaction, because
the writers in the State of Maine, in a spirit by no means
liberal or magnanimous, speak of it, as one in which an
advantage was obtained over the United States, and
made a merit of the State of Maine and Massachusetts
having quietly submitted to it ; whereas, if national
controversies are to be weighed in the same narrow
scale as the disputes of obstinate litigants, in a municipal
court, the advantage may be fairly said to lie on the part
of the United States, for it appears to me that the course
pursued by the comvDnssione rs urulev the treaty of 1794,
with regard to the source of the St. Croix, is clearly
erroneous, upon the principle which established the
river itself to be the true St. Croix.
" That principle is shortly this ; the River St. Croix,
intended in the treaty of 1783, is a river, a due north
" line from the source of which, forms one side of the
" north-west angle of Nova Scotia, and therefore was a
part of the western boundary of that province. The
river which was a part of the western boundary of Nova
Scotia, is the river intended by the name of the St. Croix,
in the original erection of that province, by the grant of
" King James I. to Sir William Alexander, in the year
" 1621, and in that grant described thus: 'The river
*' commonly called by the name of St. Croix, and to the
" most remote spring or fountain from the western part of
^* the same, which first mingles itself with the aforesaid
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river.' The river thus described in this grant to Sir
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*' William Alexander, is the river called St. Croix, by the
first French voyagers there, in the year 1604. The par-
ticular and minute description given by these voyagers
of the river which they called St. Croix, and especially
" of a small island in the mouth of that river, on which
*' they wintered, correspond exactly with the river Schoo-
" die ; and a small island in the mouth of that river, a
" short distance above St. Andrews, called by the French
" Isle St. Croix, since called Bone, or Docea's Island, on
" which island were found, in the year 1799, and probably
" exist to the present day, indubitable traces of the habit-
'^ ations described with such minute particularity by the
33
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*' French historians of the voyage of 1604 ; and tlie des-
" cription of these historians will correspond with no other
" river or island in that neighbourhood. The Kivcr
" Schoodic is therefore the rivef intended in the grant to
*' Sir William Alexander, as a western boundary of Nova
Scotia; and if so, by tlie description in the grant, should
be followed as a boundary to its most western source, or
spring, which, according to the principle, would be the
true boundary of the treaty of J 783. But as a measure
of accommodation suggested by the person to whom the
management of this matter was entrusted by the United
*' States, and acquiesced in by all the parties, the source
*' of the St. Croix was fixed at a point on a meridian several
*^ miles to the eastward of the source designated in the
*' original declaration of the western boundary of Nova
*' Scotia ; and is, therefore, in so far, an advantage to the
" United States."
" Now 1 cannot Ihink that this designation of the source
" of the River St. Croix, by the commissioners, under the
5th article of the treaty of i794, can be defended upon
the principles which must demonstrably have governed
their decision. And His Majesty's subjects in this
quarter would be well justified in complaining of it, if it
had not been yielded to, for the purpose of preventing a
more unfavourable result, according to the original
decision of the umpire in the selection of a point lying
on a meridian line several miles further to the eastward,
as the source of the river, and if its effect on the interior
boundary were of material moment. But the fact is,
" that if the most western source of the Schoodic had been
" decided to be the source of the St. Croix, under the
*' treaty, it would have carried the line, running due north
*' from that point, only about ten miles further to the
** westward ; and if the river St. John is to be crossed by
^' this due north line, according to the claim set up by the
" Americans, in the controversy now subsisting, such line,
" from the most western source of the Schoodic, would
*^ have crossed the St. John about fourteen miles above the
" Great Falls ; and as to its |)ernicious operation as a boun^
'* dary, would not vary substantially from a north line run
** from die uoaument at the source of the Ch^utaatieook.
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33
act is,
been
er the
I north
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by the
1 line,
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ve the
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" But, say tlie American writers, the St. Croix intended
by the treaty of 1783, is not the St. Croix of Sir William
*' Alexander's grant, in 1621, nor the St. Croix, so named
" by the Sieur De Monts, in 1604; but the river marked
by the name, on Mitchell's map, which map was before
the commissioners who negociated the treaty of peace, in
1783, and the river marked on that map, as the St.
Croix, is the next great river westward of the St, John,
and is clearly the Magaguadavic.
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This map of Mitchell was published in the year 17,55,
prior to the erection of the province of Quebec, and tlie
" introduction of highlands, as a northern boundary of
" these sea-board provinces, in the year 1763. This map,
as it regards the Bay of Passamaquoddy, and the rivers
issuing into it, is evidently erroneous and imperfect ; so
much so, that I will confidently assert that not one of the
rivers, or the islands of this bay, would be known with
certainty, from a comparison of the delineation of them
on the map, with the natural objects as they exist. But
*' there is a characteristic of the river, which the compiler
of this map calls the St. Croix, not to be mistaken, and
that is, a line of boundary traced along the western side
of the river, and the lake at the source of the river, and
along the northerly side of the lake, to the most northern
part of it ; and thence in a north course to a small river,
the St. Barnabas, emptying into the St. Lawrence ; on
one side of each line the country is called New England,
'^ and on the other Nova Scotia. Now, in the grant of
1621, to Sir William Alexander, the boundary of Nova
Scotia is continued from the source of the St. Croix, as
before quoted, by an imaginary direct line which may
be conceived to go over the land, or run towards tlie
north to the nearest bay, river, or spring, discharging
itself into the great river of Canada. There can be no
doubt then, that the boundary line thus traced on
Mitchell's map, indicates what was at that time esteemed
to be the boundary of Nova Scotia, from the mouth of
the St. Croix to the St. Lawrence ; and this boundary is
the boundary described in Sir William Alexander*s
grant. If then, the river called St. Croix, in Sir Wm.
** Alexander's grant, is the river so called by the French,
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'^ in IG04, and this river is demonstrably, unless tlie face
'' of nature be changed, the Sclioodic; tlie proof is perfect
** that the Schoodic is the i iver intended by tiie name of
St. Croix, in Mitchell's map.
** It is worthy of remark also, that there is a river marked
on this map on the eastern side of Passamaquoddy Bay,
probably intended for the M agaguadavic, which it is also
Erobable, in consequence of the falls so near it's mouth,
ad not then been explored, and so its size and extent
were not then known.
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'' Similar considerations might be applied to prove that
^' in all the authentic maps published from the time of the
" original erection of the Province of Nova Scotia, in
" 1621, to the peace of 1783, the river called St. Croix, is
*' intended to be the river originally designated as the
" western boundary of that province, under that name.'*
The author of the pamphlet entitled " Considera-
tion, &c." gives a somewhat different accc/ant of the
matter. He says — " It is said by the treaty of 1794, this
difference (as to boundary) was referred to commission-
ers. — They disagreed. In that case they were to nomi-
" nate an umpire. A most unequal compromise was
*' suggested and adopted. The British commissioner was
*^ to have the nomination, but the umpire was to be a
" citizen of the United States. A person so chosen could
*^ hardly have been expected to decide otherwise than that
" the Schoodic was the River St. Croix, and its most
" easteim source the source; though if the ancient boun-
** claries of Nova Scotia deserved any consideration, its
charter had, in express and very forcible terms, appointed
the most western fountam and spring."
It is proper here to point out several material errors of
fact, in the foregoing statement of Verax.
I pass over the extraordinary error of the American
umpire, in taking the Cheputnaticook, and the lakes and
sources of the Cheputnaticook, for the main stream of the
Schoodic, and the lakes and sources of the Schoodic. I
pass over the still more extraordinary error of the umpire
((
((
f
35
in taking the lowest expanse of water a tW^ riv r, as its
source.
The whole course of the Cheputnaticook Rivri from ^
source to its confluence, is from sixty to seventy inileii
It takes its rise there, in springs or marshes, and not ^ a
lake, and runs in the form of a small river for a distance >f
about ten miles, at which point it spreads out into a lung
irregularly formed expanse of water, which from its
resemblance to a lake, is popularly, but improperly
denominated Grand Lake, of twelve or fifteen miles in
length. It thence proceeds a distance of seven or eight
miles with its usual river breadth, and there again expands
into two or three smaller and irregular sheets of water,
which might, in like manner, be improperly called lakes,
the lowest of which is not, as stated by Verax, at the
distance of six miles above the confluence of the Cheput-
naticook, or eastern branch of the Schoodic, but is at a
distance of from twenty-five to thirty miles from the point
of confluence.
Another highly material error of fact to be found in this
statement, is, " that if the most western source of the
" Schoodic had hepn derided to be the source of the St.
" Croix, under the treaty, it would have carried the line
'"' running due north from that points only about ten miles
" further to the westward,"
Now so far from this being the case, the interval between
the meridians of longitude of these two points is twenty
statute miles. — ^The interval between the two points, in a
straight line, is fifty statute miles.
This mislocation of the point of departure was altogether
unknown in this province, until soon after the publication
of the before- mentioned pamphlets.
It is not now many years since rumours first began to be
whispered, implying that the American line intersected the
route from Halifax to Quebec*
The belief that such might be the case, acquired such a
degree of consistency, that upon the close of the last
*
h.
t
36
M,
American war, the following article was inserted in the
treaty of peace between Great Britain and the United States
of America, at (ihent.
" Whereas, neither that point of the highlands lying
due north iVoni the source of the River St. Croix, and
designated in the former treaty of peace between the
two powers, as the north-ivest atiele of Nova Scotia^ nor
the north'tvestvrnmost head of Connevticut Hiver, has
yet been ascertained; and whereas that part of the
boundary line between the dominions of the two powers,
which extends from the source of the iiiver St. Croix,
directly north to the above-mentioned north-west angle
of Nova Scotia, thence along the said highlands which
divide those rivers that empty themselves into the River
St. Lawrence, from those which fall into the Atlantic
Ocean, to the north-westernmost head of Connecticut
River, thence down along the middle of that river to the
forty-fifth degree of north latitude, thence by a line due
west on said latitude, until it strikes the Iiiver IroquoiSy
or Caiaraqwj, has not yet been surveyed,^
»>
The article goes on to provide for the appointment of
commissioners, and that " they shall have power to ascer-
tain and determine the points above-mentioned, in
conformity with the provisions of the said treaty of peace,
of\7S3; and shall cause the boundary aforesaid, from
tiie source of the River St. Croix to the Iroquois, or
Cataraquy, to be surveyed, and marked according to the
said provisions.'
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),
The article further directs that " the commissioners
" shall make a map of the boundary, particularly the
*^ latitude and kmgitude of the north-west angle or Nova
" Scotia, the north-ivesternmost head of Connecticut River,
" and such other points as they may deem proper.'*
The motives assigned by Verax, for the procedure of the
commissioners and umpire, in thus substituting, for the
true point of departure, one which, from his statement, it
appears that all parties knew to be otherwise, seem to be
entirely inadequate.
I
t, It
to be
37
;rc is reason to believe tliat subsequent to tlie treaty
of 17h3, to wit, about tiic year 1787, settlements were
ina(i( under the authority ot the State of Mas^iachusetts
within the Britisli lines. The circumstanees atteniling this
settlement, are not sufliciently well known, to enable one
to jiKlge whether it was made in good faith or not.
But supposing the utmost good faith to have obtained
with the settlers, the greatest extent to which their claim,
J wiM not say upon the justice, but upon the magnanimity
ol His Majesty's government could have been carriecl,
would have been for a conHrmation of their titles to the
lands in their actual possession, upon their taking the oath
of allegiance, and becoming the King's subjects ; or if this
last condition was not agreeable to them, then to have been
allowed to sell the lands in their actual possession, and to
remove from the country with their effects, having a reason-
able time allowed them for effecting the sale of their lands.
But it is clear that it should have been given as a boon,
and should have been strictly confined to the lands in the
actual possession of settlers under grants from the State of
Massachusetts.
Unanimity was in itself a thing highly desirable ; but the
price which seems here to have been paid for it, — the
surrender of a small province, without any other equivalent,
may, perhaps, be thought too high.
Verax, it is apprehended, is also in an error, in con-
sidering the erroneous location of the point cf departure,
in 1798, as conclusive and irremediable.
The power conferred upon the commissioners of the two
countries, under the treaty of 179*, was a limited power —
limited as to the subject of it, and limited as to the form
and manner in which it was to be executed.
The matter referred to the commissioners was, to deter-
mine, " what river was truly intended under the name
" of the River St. Croix, mentioned in the said treaty of
'« J 783, and forming a part of the boundary therein
" described."—- Art. 5.
38
1
((
If the commissioners named should not agree^ then the
treaty provides that " the two commissioners shall agree
on the choice of a third, or if they cannot so agree, they
'^ shall each propose one person, and of the two names so
*' proposed) one shall be drawn by lot, in the presence of
'^ the two original commissioners/'
It has been seen above that another, and very difTerent
mode of selection was adopted by the commissioners, and
the important point, that the umpire should be an American
citizen, surrendered.
The umpire and the commissioners were next to be
sworn, " to examine and decide the said question, accord-
*' ing to such evidence as should respectively be laid
*' before them, on the part of the British government, and
" of the United States/'
They were then, by a " declaration under their hands
'* and seals,*' to " decide what river is the River St. Croix,
" intended by the treaty ; " and this declaration was "to
*' contain a description of the said river." and was to
" particularize the latitude and longitude of its mouth, and
'' of its source."
" Duplicates of this declaration, and of the statements of
** their accounts, and of the journals of their proceedings,"
were to be delivered by them, "to ihe agent of His Majesty,
" and to the agent of the United States, who may be
*' respectively appointed and authorized to manage' the
'^ business on behalf of the respective governments; " and
then, and then only, both parties agreed " to consider
'* such decision as final and conclusive, so as that the same
" shall never thereafter be called into question, or made
** the subject of dispute or difference between them.*
It appears from the foregoing, that the power'of the
commissioners was confined to the determining of the
question of what river was the River St. Croix, intended
by the treaty of 1783. That point determined, they were
instructed to cause it to be surveyed, What should be
considered its source was not referred to them ; and their
finding, therefore upon this question would, even if
regular, have been a mere and absolute nullity,
39
len the
II agree
e, they
imes so
jnce of
ifferent
rs, and
lericaii
; to be
iccord-
je laid
it, and
hands
Croix,
LS
«
to
kvas to
h, and
;nts of
ings,"
ijesty,
lay be
:e' the
' and
nsider
I same
made
But there were irregularities in the proceedings (as
stated by Verax) which, if the treaty had gfven^ hem
Sdetr'Sr: '»'^«<l-tionwonlLtill ifave ^itfatTd
thl!"^ T^'Kl '?' "°* "^""^^ '" ^^e manner prescribed by
tVT^'yA^u 1^"' r' ^PP^^' '^^' ^« ^^^ sworn, nor
ndeed could he have been ; otherwise how, after acknow-
lyT^.^r ' ''^^^'^"?'?ost waters of the St. Croix, to be
the bt. Croix, could he have placed the point of departure
upon the tributary stream of the Cheputnaticock ? It does
not appear that the declaration, under the hand and seal of
the commissioners, required by the treaty, was ever made.
♦i.^.^i'^'^y ^"^ ^^""i^f ' '""^^'^ ^'® '^^ve 't stated by Verax,
that the point of departure was settled by compromise.—
Where is there to be found any power to compound or
compromise, conferred upon the commissioners. And is
not such compromise again a mere and absolute nullity P
Nor can this nullity be covered by the silence of Great
Britain unless full knowledge of the mislocation of the
point of departure be brought home to His Maie^stv's
government. "^ ^ -
It is exceedingly improbable that it was known to the
King s Ministers ; when we consider how subversive it is in
Its consequences, to the great ends had in view bv the
framers of the treaty of 1783, and how ruinous those con-
sequences are to the just rights of England.
I
)f the
r the
mded
were
Id be
their
?n if
40
This brings me to the last branch of the subject, which
is, the consideration of those consequences, and to it I
shall strictly confine myself— for it is not my intention to
enter into the general arguments upon the claims of the
two governments, lest the weakness of the advocate might
impair the strength of the cause.
To understand the effects which this most unfortunate
error has produced, it is necessary to bear in mind that
there are in the southern peninsula, washed by the waters
of the St Lawrence and the Gulf, three distinct great
levels.
Any ordinary map will show the sources and the
courses of the rivers in this Peninsula, and having them,
we have the relative elevation of the lands, and the line of
these their several levels plainly marked out.
The first consists of a range of high lands, extending
from the head of the Connecticut River to the head of the
St. Croix ; and the waters which descend are poured into
the St. Lawrence on the one side, and the Atlantic Ocean
on the other. %
The second consists of a range of highlands, running
north-easterly around the sources of the St. John, thence
in an easterly direction along the head waters which empty
themselves into the St. Lawrence, between Quebec and
Cape Hosiers, the extreme limit of that river to the east-
ward. V
The third is a subordinate range, running north and
south, from the River St. John, along the head waters
that empty themselves into the Gulf, and probably touching
at its extremity, the last mentioned highlands, and to the
eastward to Cape Hosiers.
Each of these ranges has probably spurs, — in which of
them Mars-hill is^ does not appear.
41
I
If the point of departure had been taken at the source of
the St. Croix or Schoodic River, there is reason to believe
that the height of land first above described, would have
been struck at a distance of about twenty miles from that
point ; and the highlands might have been followed in a
sinuous, but distinctly marked course to the head of the
Connecticut River. And if the secondly above described
level be taken to be the highlands referred to by the treaty
of 1783, as contended by the American government, then
those highlands would have been struck at a point, on
the south shore a few leagues below the mouth of the
Saguenay. Whereas, by taking the source of the tribut-
ary stream of the Cheputnaticook, as the point of departure
the River St. John came to be intersected at a low point
of its course, and in the immediate proximity of the third
range of highlands above described, and brought us to
Mars-hill, whence it is highly improbable that we can
proceed to any other than the range of highlands, secondly
or thirdly described.
The loss of territory incurred by this mislocation of the
point of departure is very great. Some idea may be
formed of its extent, by considering the loss of territory
incurred before we reach Mars-hill.
There was lost by it — First, The triangular piece of
ground lying between the two branches of the Schoodic,
having its apex at the confluence of the two branches, and
for its base, the line running from the westernmost source
of the Schoodic, to the easternmost source of the Schoodic,
being a distance of fifty miles ; for one of its sides, the
whole length of the eastern branch of the Schoodic, above
the point of confluence, being about sixty miles; and, for
its remaining side, the whole westernmost branch of the
Schoodic, above the point of confluence, being about forty
miles, and containing an area, as those rivers run, of about
628,480 acres.
Secondly, A territory in the form of a trapezium, having
for one of its sides twenty miles (from the westernmost
gource of the Schoodic to the commencement of the height
of land) ; for another of its sides, fifty miles (the distance
F
■ii
42
in a straight line from the westernmost source of the
SchoodiCj to the easternmost source of that river), being
the base line of the before-mentioned triangle ; having for
its third side the line extending from the easternmost
source of the Schoodic to Mars-hill ; and for its fourth side,
the line which connects the point of termination at Mars-
hill, with the point of termination of the first mentioned
line, running from the westernmost source of the St, Croix,
to the extremity of the height of land.
These two tracts will be found to embrace, probably
one million and a half acres of land ; and this, whether the
hypothesis of the British or of the American government^
be thought to be the true one.
The territory thus surrendered between Mars-hill and
the River and Gulf of St. Lawrence, is immense ; but it will
be lesser or greater as the one or the other of these two hypo-
theses is adopted.
The mischief, however, does not end here. Proceeding
from a point so far to the eastward and northward, not only
is the second range of highlands struck much lower down
than it would otherwise have been, and thus a great extent
of territory sacrificed ; but we here come to intersect the St.
John at a low point, where its waters are navigabJe,
instead of either not intersecting it at all (if the British hy-
pothesis be the true one) or intersecting it only towards its
source, as would be the case if the American hypothesis
were admitted. So, too, all the waters emptying theraselvse
into the Gulf, would, even under the American hypothesis,
belong to Great Britain, as being to the eastward of the
Kiver St. John.
It will be recollected that the American commissioners,
in 1783, declined even proposing a surrender of the navi-
gable waters of the St. John, to the future republic.
It is thus seen (contrary to what is asserted by Verax)
that this change in the point of departure, had almost
material effect upon the interior boundary.
The inquiry is thus brought down from the earliest
periods of this and of the adjoining countries, to the treaty
of Ghent, in J815.
.
43
I have not access to the documents which would be
requisite to carry it down to the present day, and without
which it would not be possible to form any judgment upon
the present state of the controversy.
To do this, it would be necessary to be in possession of
all the documents relating to, and the circumstances accom-
panying the alleged compromise, under which the point of
departure is stated to have been fixed at the eastermnost,
instead of the westernmost source of the Schoodic river.
Quebec, 22dJanuary, 1830.
ANDREW STUART.
i^
APPENDIX.
I
Charles, &c. — To all persons to whom these presents
shall come, greeting : —
ce
Whereas, by the treaty of peace concluded at Breda,
the 3Jst of July last past, between our Ambassador and
those of our good Brother, the Most Christian King, it
is among other things agreed, that we shall restore to
the said King, or unto such as shall receive for that
purpose, his commission, duly passed under the Great
Seal of France, the country which is called Acadie,
lying in North America, which the said Most Christian
King did formerly enjoy, and to that end, that we should
immediately, upon the ratification of the agreement,
deliver, or cause to be delivered unto the said Most
Christian King, or such Ministers of his as should be
thereunto appointed, all instruments and orders duly
dispatched, which should be necessary to the said rati-
fication ; as also in like manner, that we should restoie
unto the said Most Christian King, all islands, countries,
forts, and colonies any where situated, which miglit
have been gotten by our arms, before or after the
subscription of the said treaty, and which the said Most
Christian King, possessed before the First of January,
in the year 1665, on condition that he the said Most
Christian King should, with all speed, or at the farthest,
within six months, to be reckoned from the day of sub-
scribing that agreement, restore unto us, or unto such
as for that purpose should receive our commands, duly
fassed under our Great Seal of England, that part of the
sland of St. Christophers, which the English possessed
the First of January, 1665, before the declaration of the
'.I
\
%
If
46
APPENDIX.
I
" late war ; and should to that end, immediately upon the
*' ratification of the said agreement, deliver, or cause to
" be delivered unto us, or such of our Minislers as should
** be thereunto appointed, all necessary instruments and
** orders ; as also that he, the said Most Christian King,
'* should in like manner restore unto us, the Islands called
** Antigoa, and Montserrat, if they were in his power ; and
*' all other islands, countries, forts, and colonies, which
'' might have been gotten by the arms of the said Most
*' Christian King, before or after the subscription of the
" said treaty, and which we possessed before we entered
" into the war with the States General, (to which war that
" treaty puts end) as appears by the several articles of
'' the said treaty, which are as follows: — Articles, VII.
" VIII. IX. X. XI. XII. XIII. XIV. and XV. And we
*^ desiring on our part, sincerely and truly, without all
" delay or difficulty, under what pretence or colour soever,
** to accomplish and observe the said treaty, and every
" article, clause, and part thereof, and more particularly
*' what concerns the restitution and delivery of the said
" islands, countries, castles, and colonies, which our
" meaning and intention is, they shall be forthwith deliv-
" ered to our said good Brother as aforesaid, or such as
" shall be thereto, by him sufficiently empowered and
" appointed ; know ye that we for these, and several good
" considerations, us thereunto especially moving, have
" given, granted, quitted, transferred, surrendered, and
" delivered, and by these presents signed with our Royal
*^ Signature, do for us, our heirs and successors, for ever,
grant, quit, transfer, surrender, and deliver all that
country, called Acadie, lying in North America, which
the said Most Christian King did formerly enjoy, as
" namely, the forts and habitations of Pentagoet, St. John,
" Port Royal, la Have, and Cap de Sable, which his
" subjects enjoyed under his authority, till the English
" possessed themselves of them, in the years 1654 and 1655,
'^ and since ; or also the countrie of Cayenne, in America,
-^ with all and singular, the forts and places thereto and
" to them, or any of them belonging ; and all and every
" the islands, countries, castles, forts, and colonies which
'^ were in the possession of our said good Brother, before
" the declaration of the war with the United Provinces of
(C
a
(C
APPENDIX.
47
ever.
as
*' the lower countries, and wliicli have been taken from
'* him, or his subjects, by our forces, before or since the
" signing of the said treaty, with all the rights, powers,
" privileges, sovereignty, jurisdiction, preeminence, and
" authority, that doth or might belong to us, within the
" same and every of them, to be and remain to him, the
" said Most Christian King, his heirs and successors for
" ever, with the same and like power, authority, and
" sovereignty as they would or miglit have done to us, our
'' heirs and successors. Whereas, we therefore have, and
" by these presents do, from this time forward, and for
" ever, disseize and dispossess ourself in favour of our said
*' good Brother, his heirs and successors ; and accordingly
" him and them have, by these presents do seize, and
" possess, all the same, and of every part and parcel
'' thereof, in pursuance of our said treaty, and of the
" respective articles thereof, without exemption, limitation,
" or exception whatsoever, and for tlie full and effectual
*' execution thereof, our will and pleasure is, and wedo
" hereby strictly charge and require, as well our Ca|)tain
" General and Governor in Chief of our Caribbee Islands,
*' our Governor of our Country of Nova Scotia, for the
" time being, as the several Governors, Captains, Com-
" manders in Chief of the said Country of Acadie,la Cayenne,
" and of others, the said islands, countries, castles, forts,
" and colonies respectively, that forthwith and by virtue
" hereof, without all difficulty or delay, they surrender
" and give up into the hands of our said good Brother, or
to such as he shall thereto appoint, as aforesaid, the
the said countries, islands, castles, forts, and colonies,
and every of them ; withdrawing such of our garrisons
and forces as shall have been placed there for our
and for this end, we have freed, acquitted, and
<i
a
service
((
discharged, and by these presents, do for us, our heirs
and successors, free, acquit, and discharge our said
" Captain General, the several Governors, Captains, and
" Commanders of all and singular, islands respectively, of
^' and from the charge, command, and government of the
*' same ; and all such as are employed by them therein, or
** in any of them, so as not to be at any time hereafter
" chargeable, answerable, or accountable to us, ourheirs
" or successors, for or concerning the same, or for or
48
APPENDIX.
t(
i(
ts
<(
II
il
ii
it
ts
it
it
<(
concerning any matter or thing they shall do by virtue
of these presents. Whereas, we will that all and singular,
our inferior officers, civil and military, our soldiers,
people, and subjects, of our said islands, countries,
castles, and forts, whom it may concern, and every of
them, do take due notice and be obedient, accordingly,
to such orders and directions as shall be given to every
of them, by our said Captain General, our Governors,
Captains, and Commanders respectively, in the due and
punctual execution of these presents, without delay or
difficulty, or obstruction whatsoever ; for which this
shall be' to them and every of them, and to all others
whom it may concern, against us, our heirs and succes-
sors, a full and sufficient warrant and discharge in this
behalf. In witness whereof we have caused our Seal of
England, to be put to these presents. — Given, &c.
*< \7th February, 1667-8,"
APPENDIX,
49
MITCHKLL S MAI'.
Tni<: rxprossion so frequently used in the American State
Papers upon the Boundary question, respecting MitchelTs
Map, to wit, that " it was before the commissioiiers who
framed the treaty of IJSi^," is one which appears to be
calculated to convey very erroneous notions.
It is true that Mitchell's Map was before the commis-
sioners, but this is not the whole truth, — So also were
various other maps.
The matter in negociation at the treaty of 1783, involved
the question what was the extent of territory acquired in
til is quarter, by the Cession of Canada, contained in the
treaty of 1/63.
Mitchell's map, if I i*ecollect rightly, was compiled
from repoits made to the Colonial Office, by the Governors
of the different colonies concerning the limits of their
several governments, under the superintendance of Gover-
nor Pownal, whose signature will be found to it. It was
published about the year 1757, and of course at a time when
views of territorial aggrandizement were, as stated in the
text, rife upon this continent.
Not only the map, called Mitchell's Map, but also the
various maps and charts which had been adverted to in the
controversy between the English and French Commission-
ers in 1751-2, must have been before tlie Commissioners
who framed the treaty of 1783.
The negociatiors of that treaty on both sides, well knew
the character of Mitchell's map, and if Franklin could raise
his head from the grave, he would smile at the importance
which the American commissioner and government now
affect to give to it.
But, after all, the words of the treaty are to be looked
at, — from these alone can we know the mind of the framers
of it. What elFect Mitchell's map may have had upon their
minds, it is impossible to conjecture j and, if it could be
known, it would be entirely useless.
G
50
APPENDIX.
liAKI.Y riTIKS TO LANDS ON THK lUVfcll ST. JOHN, FROM
THE FlUiNCIl GOVKllNMENT.
It will be seen, from the followiiiijp documents, that
the possession of the Iliver St. Jolin by the Crown of
France (in whose phice Great Britain now stands), is of
very old date.
** La Compagnie de la Nouvelle France : A tons ceiix
qui CCS prt'scntes lettres verront ; Salut : Le desir que
nous avons d'apporter toute dilii,^ence possible h I'eta-
** blissement de la colonie de la Nouvelle France, nous
faisant rechercher ceux (pii out la volonte d'y contribuer
de leur part, et Tobligation que nour^ avons de recom-
penser, par toutes voies, les travaux de ceux qui nous
assistent, et d'embrasser les occasions de leur t(?moigner
par eftets, etant bien informes des bonnes inclinations
que M. le Commandeur de Razilly, Lieutenant-General
pour le Roi en la Nouvelle France, a toujours cues pour
iaire reussir cette entre[)rise, et desirant Ten reconnoitre
par les gratifications a nous possibles ; A ces causes,
avons an ditsieur de Razilly donne et octroye, donnons
et octroyons par ces presentcs, retendue des terres et
pays qui ensuivent ; a savoir la riviere et baie Suinte'
Croix, isles y i.untennes, et terres adjacentes tVime part et
*^ (V autre en la Nouvelle France , de I'etendue de douze
lieucs de large, a prendre le point milieu en iMsle Sainte-
Croix, oCi le sieur de Mons a hiverne, et vingt lieues de
profondeur depuis le port aux Coquilles, qui est en I'une
des isles de I'entree de la riviere et baie Sainte-Croix,
chaque lieue de quatre niille toises de long. Pour jouir
desdits lieux par le dit sieur de Razilly, ses successeurs
etayans cause, en toute propriete, justice et seigneurie a
perpetuite, tout et ainsi, et a pareils droits qu'il a plu au
Roi donner le pays de la Nouvelle France £i la Conipa-
gnie ; a la reserve de la foi et homniage que le dit sieur
Commandeur, ses successeurs et ayans cause, seront tenus
porter au fort Saint-Louis a Quebec, ou autre lieu qui
sera destine pir la dite Compagnie, par un seul hommage
*' lige a chaque mutation de possesseur des dits Ueux^ avec
i(
ii
((
((
<c
a
t(
((
61
i(
it
ii
ii
ii
ii
i(
ii
(C
ii
AFI'ENDIX.
61
i
I
" line maillc d'oi' dii poids (rime once, et lo revenii dune
" uiiiicedc ce (iiie lodit sii;ur CoinniaiKkMirse sera rcservt^
" apres avoir doum' vi\ tiuf ou a ecus vt rente, tout ou partie
" des dits lieiix ; (pieles appelationsdujuge <iui sera etabli
** esdits lieux par le dit sieiir dc Itazilly, ressorr-'uiii nue-
** inent li la eoiir et justice souveraine cpii sera ci apros
*^ etablie au Sault Saint-Louis ou ailleurs ; (pic les liominos
** (pie ie dit sieur Commandeur fera passer en la Notivc/fe
** France tourneront \\ la dechari^e et diminution du
iioinbre dc ceux (pje la Compat?nie doit faire passer, sans
(|ue le dit sieur Commandeur ou les situs puissent trailer
des peaux et pelleteries (pi'aux conditions portues par
I'iidit de retablissement de la Conipagnie de la Nouvelle
*' France ; et en cas que le dit sieur Commandeur desire
faire porterii cette etendue de terre (piehjue nom et titrc
plus honorable, se retirera vers le Roi et Monseir,neur le
Cardinal dc Richelieu, Grand-Maltre, Chef et Surinten-
dant gt^neral de la navigation et commerce de France,
pour iui etrc pourvA conformcment aux articles accordes
k la dite Compagnie. En temoins de (juoi nous avons
signe ces presentes. A Paris, au Bureau de la Nouvelic
France, le dix-neuvitime Mai, mil six cent trenle-deux.
Slgn^ Lami avcc paraphe, Secretaire.
a
IS
ti
ti
it
((
«
tt
((
ti
avec
Louis de Buade, Comte de Frontenac, Conseillcr du
** Roi en ses Conseils, Gouverneur et Lieutenant-gi'ncral
" pour Sa Majeste en Canada, Acadie, Isle de Terre-neuve
*^ et autres pays de la France septentrionale : A tousceux
'^ qui ces presentes lettres verront ; Salut. Savolr fai-
" sons que vA la requite a nous presentee par le sieur
** Pierre de Joibert, Ecuyer, sieur de Soulangeet de Mar-
^' son, Major de Pentagoet, et Commandant des forts de
" Gemisik et de la riviere de Saint Jean, a ce qu'il nous
** plut Iui accorder en litre de fief, seigneurie, haute,
moyenne et basse justice, le lieu appel(j Ahtclionac, et (jue
Ton appellera h. I'avenir Soiilange, sur la dite riviere dc
Saint Jean, a quinze lieiies du dit Gemisik, contenunt
deux lieues de front de chaque cote sur la dite riviere, et
deux lieues dc j)rofondeur dans les terres, aussi de cha-
cun cotd, ensemble les isles et islets qui sont dans la dite
'* riviere au devant des dites lieues de front ; requerant
**' cctte (piantit<^, attendu le pen de bonnes terres labou-
((
ti
tt
tt
it
it
52
APPENDIX.
((
i(
((
i(
i<
l(
(C
li
ti
ii
it
c<
ii
ii
*^ nibles qui s'y trouvent. Nous, en vcrtu du pouvoir a
nous (lonne par Sa Majestd, conjoin tement avec M. Du-
chesneau, Conseiller du Roi enses Conseils, et Intendant
de la justice, police et finance de ce pays, et en considt^-
ration des services que le dit sieur de Marson y a rendus,
'' et desirant I'engager li les y continuer, avons au dit sieur
de Marson accorde, donnd et concede, donnons, accor-
dons et concedons par ces presentes, le dit lieu appele
Nachonac, que Ton appellera a I'avenir Soula7ige, sur la
dite riviere de Saint Je.in, contenant deux lieues de front
de chaque cote de la dite riviere, et deux lieues de pro-
fondeur dans les terres, aussi de chaque cote, ensemble
les isles et islets qui sont dans la dite riviere au devant
des dites deux lieues de front, pour, du tout, jouir par
lui, ses hoirs et ayans cause, en lief, seigneurie, liaute,
nioyenne et basse justice, avec le droit de chasse et de
p6che dans I'etendue des dits lieux, a la charge de lafoi
et hommagey que le dit sieur de Marson, ses dits hoirs et
ayans cause, serout tenus de porter au Chateau Saint-
" Louis de cette ville de Quebec, du quel il relevera aux
*' droits et redevanccs accoCitiunes, et au d^sir de la coii-
" tume de la Prevote et Vicointe de Paris, qui sera suivie
" pour cet egard par provision, et en attendant qu'il en
'* soit autrenient ordonne par Sa Majeste ; et que les ap-
'^ pellations du juge qui pourra fetre ^tabli au dit lieu, res-
'^ sortiront par devart . • . t • • . •
" Et i\ la charge qu'il tiendra et fera tenir feu et lieu par
" ses tenanciers, sur les concessions qu'il leur accordera ;
et ii faute de ce faire, qu'il rentrera de plein droit en
p(>ssession de la ditte terre ; et conservera le dit sieur de
Marson, et fera conserver par ses tenanciers, les hois de
ch^ne qui se trouveront propres pour la construction des
vaisi^caux, dans I'etendue des dits lieux ; et qu'il donnera
incessamnient avis au Roi et a nous, des mines, minieres
ct mint'raux, si ancuns se trouvent, et y laissera et fera
*' laisscr tons chemins et passages necessaires : le tout sous
le bon plaisir de Sa Majeste, de laquelle il sera tcnu de
jireiidre la confirmation des prcsentes dans v.n an. En
tc'moins de quo! nous avons signi ces prt^sentes, a icelles
fait ajjposer le seeau de nos amies, et contiesigner par
" Tmi (le no< Secrc'faire. Don^k' a Quebec, le douzienie
ii
ii
a
il
ii
ii
a
ti
ii
ii
ii
\
AFPENIDX.
53
** Octobre, mil six cent soixante-seize ; aimi sign6 a Vori-
" ginal, Frontenac, scelle a c6te du sceau des amies du
((
ii
(lit Seigneur, et cnntre-signe plus has, par Moiiseigneur.
Lk Chasseur, avec paraphe. Et ensuite est tcrit.
" Le litre de concession ei-dessus, a ele confirme par
arr^t du Conseil d'Etat du Koi, du 29 Mai 1680, et re-
gistieau grett'e du Conseil souverain a Quebec, suivant
** le (lit arret du Conseil d'Etat, et celui du dit Conseil
souverain, du 24 Octobre au dit an, parmoi, Greffier en
chef audit Conseil, soussign^, Aitisi siguS Peuvret,
avec paraphe".
((
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Louis de Buade, ConUe de Frontenac, Conseiller du
Roi en ses Conseils, Gouverneur et Lieutenant-general
pour Sa Majeste en Canada, Acadie, Islede Terre-neuve
et autres pays de la France septentrionale ; A tous ceux
qui ces presentes lettres verront ; Salut. Savoir faisons
que sur la requ(^te a nous presentee par Pierre de Joibert
Ecuyer, sieur de Soulange et de Marson, Major de Pen-
tagoet, et Commandant des forts de Gemisik et de la
riviere de Saint Jean, contenant que depuis quatre annees
qu'il a I'honneurde commander sous nos ordres dans les
dits forts, il a fait diverses reparations et augmentations
a celui de Gemisik, afin de le rendre logeable et de de-
fense, n'y ayant auparavant qu'un petit logement de bois
tout ruine, entoure seulement de quelques palissades a
demi-tombees par terre ; en sorte que pour re-edifier le
tout, il lui auroit coute beaucoup, et se verroit encore
contraint d'y faire de grandes depenses pour le remettre
en etat, a cause de la ruine entiere qu'en out fait les
Hollandoit en le falsant prisonnier dans le dit fort, il y a
deux ans, et lui enlevant generalement tout ce qu'il y
" avoit ; ce qui ne seioit pas juste, s'il n'etoit assiire d'ob-
" tenir I'efFet des promesses de M. Talon, ci-devant Inten-
" dantde la justice, police et finance de ce pays, lequel
^' lui en avoit fait esperer la propridte ; c'est pourquoi il
requeroit qu'il nous plut lui accorder pour son rembour-
sement la propriete du fort ou maison de Gemisik, avec
une lieue de chacpie cote du dit, fort, faisant deux lieues
de front, la devanture de la riviere, et les isles et islets
qui y sont, etdeux lieues de profondeur dans les terres,
avec le droit de chassc ct do peche dans retenduc des
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54
APPiENDlX.
" (lits lieux : le tout en fief, Seigneurie, haute, moyenne et
" basse justice ; duquel fort M. Talon, lors Intendant de
" la justice, police et finance de ce pays, lui auroit proniis
" la propriete, attendu les depenses et voyages qu'il avoit
" faits dans le pays pour le service de Sa Majesty, peu
f' auparavant notre arrivee dans ce gouvernement. Nous,
*^ en vertu du pouvoir a nous donn^ par Sa Majeste, con-
** jointement avec M. Duchesneau, Conseiller du Roi en
" sesConseils, et Intendant de justice, police et finance
<^ de ce pays, et en consideration des services que le dit
" sieur de Marson y a rendus, et de la depense qu'il a faite
** pour I'entretien et augmentation du dit fort de Gemisik,
de la perte qu'il asoufferte, il y a deux ans, lorsqu'il fut
pris et pill^ par les Hollandois ; et pour aucunement le
dedommager et Tcngager de continuer ses services, avons,
*^ au dit sieur de Marson, donne, octroye, conced^, don-
nons, octroyons et concedons par ces presentes, le dit
fort de Gemisik, avec une lieue de chaque cote du dit
fort, faisant deux lieues de front, la devanture de la ri-
viviere, et les isles et islets qui y sont, et deux lieues de
profondeur dans les terres, avec le droit de chasse et de
p6che dans I'^tendue des dits lieux ; pour, du tout, jouir
par lui en pleine propriete, ses hoirs et ayans cause, en
" fief et seigneurie, haute, moyenne et basse justice ; a la
*' charge de lafoiet hommage que le dit sieur de Marson,
'^ ses dits hoirs et ayans cause seront tenus de porter au
'' Chateau Saint Louis de cette ville de Quebec, duquel il
*' relevera aux droits et redevances accoiitumds, et au desir
'* de la coutume de la Prevote et Vicomte de Paris, qui sera
suivie pour cet egard par provision, et en attendant qu'il
en soit autrement ordonn^ par Sa Majesty ; et que les ap--
pellations du juge qui pourra etre etabli au dit lieu, res-
** sortiront par devant. •••••• .A la charge qu'il tiendra
" et fera tenir feu et lieu par ses tenanciers, sur les conces-
** sions qu'il leur accordera; et a faute de ce faire, qu'il
rentrera de plein droit en possession de la dite terre : et
conservera le dit sieur de Marson, et fera conserver par
ses tenanciers, les bois de ch6ne qui se trouveront propres
pour la construction des vaisseaux, dans F^tendue des
dits lieux ; et qu'il donnera incessamment avis au Roi on
a nous, des mines, minieres ou mineraux, si aucuns s'y
trouvent, et qu'il laissera et fara laisser tons chemins et
(t
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APPENDIX.
00
" passages necesF.aires : le tout sous Iv. bon plaisrr de Sa
" Majeste, de laquelle il sera tenu de prendre laconfirma-
" lion des presentes dans un an. En t^moins de quoi nous
" avons signe ces presentes, k icelles fait apposer le sceau
apposer
de nos amies, et contre-signer par Tun de nos Secre-
taires. Donne a Quebec, le seizieme Octobre mil six
" cent soixante-seize ; ainsi .signi a ^original en parche-
" mam, FiiONTENAc, et contre- signe plus has, par Monsei-
" gneur, Lk Chasseur, avec paraphe. Et au dos du dit
*' titre est ecrit.
it
if
'* Le titre de concession de I'autre part, a 6te confirme
" par arr^t du Conseil d'Etat du Roi, du 29 Mai JG80, et
" registre au greffe du Conseil souverain a Quebec, suivant
" ledit arr^t du Conseil d'Etat et celuidu dit Conseil sou-
verain, du vingt-quatvieme Octobre au dit an, par nioi,
Greffier en Chefau dit Conseil, Soussigne. Ainsi signe
Feuvret, avec paraphe.*'
(C
^* Les sieurs le Febvre de la Barre, Seigneur du dit lieu
" Conseiller du Roi en ses Conseils, Gouverneur et son
" Lieutenant General dans toutes les terres de la Nouvelle-
" France ; et de Meules, Chevalier, Seigneur de la Source,
Conseiller du Roi en ses Conseils, Intendant de justi-
' ce, police et finance en Canada, et pays de la dite France
" Septentrionale : A tons ceux qui ces presentes lettres
*' verront; Salut. Savoir, faisons que sur la requite a
'^ nous presente par Rene d'Aniours, Ecuyer, sieur de
Clignancourt, ace qui nous pldt lui vouloir accorderen
titre de fief, seigneurie, et justice, haute, moyenne et
basse, ce qui se rencontre de terre non conced^e le long
de la Riviere de Saint Jean, depuis le lieu de Medoctet,
icelui compris, jusqu'au long sault qui se trouve en re-
montant la dite riviere de Saint- Jean, icelle comprise,
avec les isles et islets qui se trouveroni dans cet espace,
et deux lieues de profondeur de chaque cote de la dite
*^ riviere de Saint-Jean. Nous, en vertu du pouvoira nous
'•^ conjointement donne par Sa Majeste, avons donne, accor-
" de, concede, donnons, accordons et concedons par ces
*' presentes au dit Sieur de Clignancourt, ce (jui se rencontre
" de terre non concedee ni habituee le long de la dite ri-
'^ viere de Saint-Jean, depuis ledit licude Madoctet^ icelui
((
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]
I
i
56
APPENDIX.
" conipriSj jusqii'aii longsault qui se ti'oiive en remontant
** la (lite riviere de Saint Jean, icelle comprise avec les isles
" et islets qui se rencontreront dans cet espace, et deux
" lieues de profondeur de chaque cotd de la dite riviere de
^* Saint-Jean ; pour jouir de la dite etendue de terre et de
" tout ce qui s'y pourra rencontrer, par le dit sieur de
" Clignanoourt, ses hoirs et a vans cause, k perpetuite en
'' litre de fief, seigneurie, haute, moyenae et basse justice,
*'* en faire et disposer comme de chose a lui appartenante ;
*"' lequel fief et seigneurie portera le non de Clignancourt, a
'' la charge de la foi et hommage que le dit sieur de Clig-
<* nancourt, ses dits hoirs et ayans cause, seront tenus d'ap-
*^ porter k Sa Majesty au chateau de Saint-Louis de cette
" ville, duquel il relevera aux droits et redevances ordi-
<^ naires, suivant la cotUume de la Prevote et Vicomte de
<^ Paris suivie en ce Pays ; qu'il tiendra ou fera tenir feu et
'* lieu, et y obligera les particuliers a qui il accordera des
*^ terres, et qu'a faute de ce faire par eux, il rentrera de plein
*' droit en la possession d'icel les; qu'il ne souffrira la dite
" rivifere de Saint- Jean 6tre embarassee, afin que la naviga-
" lion y soit libre, qu'il conserveraet fera conserver les bois
'' de chene qui s'y trouveront propres pour la construction
" des vaisseaux ; donnera avis a Sa Majeste et a nous, des
mines, mini^res et mineraux, si aucuns s'y trouvent, lais-
sera et fera laisser et tenir en bon etat les chemins et
passages necessaires, et qu'il fera defricher et habituer
les dits lieux, et les garnira de b^timens et de bestiaux
dans deux ans de ce jour, autrement la presente conces-
" sion demeurera nulle et de nul effet : le tout sous le bon
" plaisir de Sa Majeste, de laquelle il sera tenu de prendre
" confirmation d'icelle dans deux ans. En foi de quoi nous
avons signe ces pfesentes, a icelles fait apposer le sceau
de nos armes et contre -signer par le Secretaire de nous
dit Intendant. Donne' a Quebec, le vingt Septembre
mil six cent quatre-vingt-quatre. Signe Lk Febvre db
LA Barre et de Meules. Et plus has, par Monseigneur
Peuvret. Et scelld.
et
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ic
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" Collalionnd a Toriginal en parchemin k moi reprdsent«5
** et a I'instant rendu, par moi Conseiller, Secretaire du
" Roi et Greffier en chef du Conseil souverain de la Nou-
" velle France. A Quebec le vingt-troisieme Septembre
*' mil six cent quatre-vingt-quatre. Sig/ie Pklvkkt."
APPENDIX.
57
fsente
re (111
Nou-
jmbre
" A tous ceux qui ces presentes lettres verront ; Salut.
*^ Savoir faisous que sur la requtte a nous presentee par
'^ Pierre Chesnet, Ecuyer, sieur du Breuil, teiuhinte a ce
*' quMI nous plut lui accorder en propriete deux lieues de
*' front le long de la Riviere de Saint-Jean, dans le lieu ap-
" pele par les Sauvages Canibecachiche, et petit Nachouac
*^ faisant le milieu de sa concession, avec les isles et islets
" qui se trouveront au devant, et trois lieues de profondeur,
*^ ensemble le droit de traite avec les Sauvages, de cliasse,
'^ de pecbe dans la dite etendue, et le tout tenir en fief,
'^ seigneurie, haute, basse et moyenne justice. Nous, en
'^ consequence du pouvoir a nous donne par Sa Majesty,
*^ avons au dit sieur du Breuil accorde et concede, accor-
'^ dons et concedons a perpetuite, deux lieues de front le
*^ longde la riviere de Saint-Jean, dans le lieu appele par
*' les Sauvages Canibecachiche et petit Nachouac, savoir,
*' une lieue d'un cote, et une de I'autre, le dit petit Na-
" chouac, faisant le milieu de la dite concession, avec les
'^ isles et islets qui se trouveront au devant, et trois lieues
*' de profondeur, ensemble le droit de traite avec les Sau-
" vages, de chasse et de peche dans la dite etendue ; ))our,
*^ par lui, ses hoirs et ayans cause, en jouir a perpetuiti?., a
" titre de fief et seigneurie, avec haute, moyenne et basse
*« justice, et droit de chasse et de peche dans toute I'eten-
'' due de la dite concession ; a la charge de rendre \i\foi et
*' hommage au Chateau de Saint Louis de Quebec^ et de
*^ payer les droits ordinaires a chaque mutation : le tout
" '^uivant la coutume de Paris ; de conserver et faire con-
** server par ses tenanciers, les bois de chene qui se trou-
" verontdans toute I'etendue dela dite concession, propres
*' pour la construction des vaisseaux ; et de donner avis des
" mines, minieres et mineraux, ii Sa Majeste on au Gou-
'' verneur du pays, si aucuns se trouvent ; de faire inserer
" pareille condition dans les concessions qu'il lui sera per-
" mis d'accorder sur la dite terre, et de commencer dans
*' trois ans de ce jour, a travailler pour habiter la dite terre,
" a peine d'etre decM de la possession d'icelle. En te-
" moin de quoi nous avons signe ces presentes, a icelles
" fait apposer le sceau de nos amies, et contre-signer par
*^ Tun de nos Secretaires. Fait a Quebec, ce septieme
*^ Janvier, mil six cent quatre-vingt-neuf, Signe J. li. De
H
58
APPENDIX.
'f Brisay db Denonville, J.Bochart Champigny. Et
« plus bas, par Monseigneur, Djs Fredin.
<' Collationnd a Toriginal en papier, par moi Notaire
" Soussign^, ce vingt-huiti^me Septembre mil six cent
« quatre-vingt-dix-neuf, et a I'instant rendu. &ign^
" HOPPINOT.''
lil
r. Et
Jotaire
K cent
Sign6