\:'mms .^^^^""^ /WW/ ..<^''"\. '^.° ^x"^ ^o-ni. .^q. . N O ^ '^ ^^<^' 0^ i*'^-' C" *' -/ ^^*^\ '•,^^- /\ 'WWs ^^'% .H°x» >* c^. jPvl "^^..♦^ ;:^fe'- %../ /^M. ua"" o • * « A vv ^^ ''' .. PRICE, 10 CENTS. CS^l Published Bi- Monthly. Annual Subscription^ 60 Cents. /^t^C American COLONIAL AND CONSTITUTIONAL. EDITED BY ALBERT BUSHNELL HART AND EDWARD CHANNING, Of Harvard UNrvKEsrrr. IsTO. 16. IJTJJ-T^, 189-4=. DOCUMENTS ILLUSTRATING THE TERRITORIAL DEVELOPMENT OF THE UNITED STATES. 1584-1774. NEW YORK A. LOVELL 6f COMPANF. i8g4 Entered at the New York \Post Office as second class matter. SOME BOOKS IN HISTORY, AND SOCIAL AND POLITICAL SCIENCE. Handbook of Dates. By Henry Clinton Brown. 12 mo. Cloth. viii + 182 pp. Price $1 00 Arranged alphabetically and chronologicallv. comprising all the important events from the earliest ages to within the present decade. The Honors of the Empire State in the War of the Rebellion. By Thos. S. TowNSEND. Large 12 mo. 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For sale by all booksellers, or sent by mail, postpaid, on receipt of the price. ._ „ GfFT A. LOVELL & CO., Publishers, NOV. 2B. 1935 *°" ^ ^'^^^ ^^*^ Street, New York. COPYRIGHT. 1894, BY A. LOVELL h COMPANY. t^i3 .< ran'ian gisfatjr ^afltts COLONIAL AND CONSTITUTIONAL. No. i6. — July, 1894. DOCUMENTS ILLUSTRATING THE TER- RITORIAL DEVELOPMENT OF THE UNITED STATES, 1584-1774. This number contains those portions of the Colonial Charters which describe and define the boundaries of the Colonies. A few extracts from other official documents have been added as illustrating the general subject or explaining some particular point. The documents, or portions of documents, here presented, have been the basis of an endless succession of decisions by boundary commissions, courts of law, and other official bodies and personages. Many, if not most, of the boundary lines actually in existence to-day are the result of compromise. The historical student, however, should go to the original source of confusion and begin with a study of the documents themselves. There is, perhaps, no better way of showing the student the difficulties which beset the historical writer than to direct him to mark on a map or to describe the boundaries of some of the original States, — Virginia in 1776, for example. The principal compendious works on this subject are : Gannett, Bound- aries of the United States, printed as a Bulletin of the Geological Surifey, Washington, 1885; Donaldson, The Public Domain, Washington, 1884, to be used only with the greatest caution ; Winsor, in Narrative and Critical History, VII., App. No. I. For other references, see Channing and Hart, Guide to the Study of Ajuerican History^ sec. 64, and Narrative and Critical History, Vol. VII., as above, and Vols. III. and V., under the several Colonies. Maps designed to elucidate these problems may be found in Hart, Epoch Maps, where an attempt was made to show the boundaries according to legal decisions; l!A2LcCovin, Historical Geography of the United States ; and B. A. Hinsdale, Old Northwest. 1584. CHARTER TO SIR WALTER RALEIGH. Free libertie and licence from time to time, and at all times for ever hereafter, to discover, search, finde out, and view such remote, heathen and barbarous lands, countreis, and territories, not actually possessed of any Christian Prince, nor inhabited by Christian People, as to him, his heires and assignes, and to every or any of them shall seeme good, and the same to have, holde, occupie and enjoy to him, his heires and assignes for ever, with all prerogatives, commodities, jurisdictions, royalties, privileges, franchises, and prehemi- nences, thereto or thereabouts both by sea and land, whatso- ever we by our letters patents may graunt, and as we or any of our noble progenitors have heretofore graunted to any per- son or persons, bodies politique or corporate. — Charters and Constitutions of the Ufiited States, p. 1379. 1603. THE CHARTER OF ACADIA. Granted by Henry IV. of Fra^ice to Pierre du Gast, sieur de Monts. Nous avon pour beaucoup d'importantes occasions, ordonne, commis «& etabli le sieur de Monts, Gentilhomme ordinaire de notre Chambre, notre Lieutenant general, pour peupler & habiter les terres, cotes & pays de I'Acadie, & autres circonvoisins, en I'etendue du quarantieme degrejusqu' au quarante-sixieme, & la etablir notre autorite, & autrement s'y loger & assurer ; en sorte que nos sujets desormais y puissent etre regGs, y hauter, resider & trafiquer avec les Sauvages habitans desdits lieux, comme plus expressements nous I'avons declare par nos lettres patentes, exp^di^es & delivrees pour cet effet audit sieur de Monts le huitieme jour de novembre dernier, suivant les conditions & articles, moyennant lesquelles il s'est charge de la conduite & execu- tion de cette entreprise. — Charters a?td Constitutions of the United States, p. 773. [translation.] For important reasons, we have ordered, commissioned and appointed the sieur de Monts, Gentleman in Ordinary of our Chamber, our Lieutenant General, to people and colonize the lands, shores and countries of Acadia, and other neighboring lands, extending from the fortieth degree to the forty-sixth, an^ to establish there our authority, and otherwise to establish and secure himself there ; in order that our subjects may henceforth be received there, to build, reside and traffic there with the savages living in the said places, as we have more expressly declared by our letters patent, expedited and delivered, to this effect, to the said sieur de Monts, the eight day of November last, according to the conditions and articles with which he is charged for the conduct and execution of this undertaking. 1606. THE FIRST CHARTER OF VIRGINIA. That part of America commonly called Virginia, and other parts and Territories in A?nerica, either appertaining unto us, or which are not now actually possessed by any Christian Prince or People, situate, lying, and being all along the Sea Coasts, between four and thirty Degrees of Northerly Latitude from the Equinoctial Line, and five and forty Degrees of the same Latitude, and in the main Land between the same four and thirty and five and forty Degrees, and the Islands thereunto adjacent, or within one hundred Miles of the Coast thereof; And to that End, and for the more speedy Accomplish- ment of their said intended Plantation and Habitation there, are desirous to divide themselves into tv»^o several Colonies and Companies ; the one consisting of certain Knights, Gentle- men, Merchants, and other Adventurers, of our City of Lon- don and elsewhere, Avhich are, and from time to time shall be, joined unto them, which do desire to begin their Plantation and Habitation in some fit and convenient Place, between four and thirty and one and forty Degrees of the said Lati- tude, alongst the Coasts of Virgi?iia, and the Coasts of Amer- ica aforesaid : And the other consisting of sundry Knights, Gentlemen, Merchants, and other Adventurers, of our Cities of Bristol and Exeter , and of our Town of Plimouih, and of other Places, which do join themselves unto that Colony, which do desire to begin their Plantation and Habitation in some fit and convenient Place, between eight and thirty Degrees and five and forty Degrees of the said Latitude, all alongst the said Coasts of Virginia j^xidi America, as that Coast lyeth. That the said Sir Thomas Gates, Sir George Somers, Rich- a?'d HacJzliiit, and Ediuard-Maria IVingfield, Adventurers of and for our City of London, and all such others, as are, or shall be, joined unto them of that Colony, shall be called the first Colony; And they shall and may begin their said first Plantation and Habitation, at any Place upon the said Coast of Virginia or America, where they shall think fit and con- venient, between the said four and thirty and one and forty Degrees of the said Latitude. And we do likewise, for Us, our Heirs, and Successors, by these Presents, Grant and agree, that the said Thomas Han- ham and Ralegh Gilbert, William Parker, and George Pop- ham, and all others of the Town of Plimouth in the County of Devon, or elsewhere, which are, or shall be, joined unto them of that Colony, shall be called the second Colony ; And that they shall and may begin their said Plantation and Seat of their first Abode and Habitation, at any Place upon the said Coast of Virginia and Ajnerica, where they shall think fit and convenient, between eight and thirty Degrees of the said Latitude, and five and forty Degrees of the same Lati- tude ; And that they shall have all the Lands, Soils, Grounds, Havens, Ports, Rivers, Mines, Minerals^ Woods, Marshes, Waters, Fishings, Commodities, and Hereditaments, whatso- ever, from the first Seat of their Plantation and Habitation by the Space of fifty like English Miles, as is aforesaid, all alongst the said Coasts of Virginia and America, towards the West and Southwest, or towards the South, as the Coast lyeth, and all the Islands within one hundred Miles, directly over against the said Sea Coast; And also all the Lands, Soils, Grounds, Havens, Ports, Rivers, Mines, Minerals, Woods, Marshes, Waters, Fishings, Commodities, and Hereditaments, whatsoever, from the said Place of their first Plantation and Habitation for the Space of fifty like Miles, all alongst the said Coast of Virginia and America, towards the East and Northeast, or towards the North, as the Coast lyeth, and all the Islands also within one hundred Miles directly over against the same Sea Coast ; And also all the Lands, Soils, Grounds, Havens, Ports, Rivers, Woods, Mines, Minerals, Marshes, Waters, Fishings, Commodities, and Hereditaments, whatsoever, from the same fifty Miles every way on the Sea Coast, directly into the main Land, by the Space of one hundred like English Miles; And shall and may inhabit and remain there ; and shall and may also build and fortify within any the same for their better Safeguard, according to their best Discretion, and the Discretion of the Council of that Colony; And that none of our Subjects shall be per- mitted, or suffered, to plant or inhabit behind, or on the back of them, towards the main Land, without express Licence of the Council of that Colony, in Writing thereunto first had and obtained. Provided always, and our Will and Pleasure herein is, that the Plantation and Habitation of such of the said Colonies, as shall last plant themselves, as aforesaid, shall not be made within one hundred like English Miles of the other of them, that first began to make their Plantation, as aforesaid. — Charters and Constitutions of the United States, pp. 1889, 1890. 1609. THE SECOND CHARTER OF VIRGINIA. And we do also of our special Grace, certain Knowledge, and mere Motion, give, grant and confirm, unto the said Treasurer and Company, and their Successors, under the Reservations, Limitations, and Declarations hereafter ex- pressed, all those Lands, Countries, and Territories, situate, l3'ing, and being in that Part of America, called Virginia, from the Point of Land, called Cape or Foifit Comfort, all along the Sea Coast to the Northward, two hundred miles, and from the said Point of Cape Co^nfort, all along the Sea Coast to the Southward, two hundred Miles, and all that Space and Circuit of Land, lying from the Sea Coast of the Precinct aforesaid, up into the Land throughout from Sea to Sea, West and Northwest ; And also all the Islands lying within one hundred Miles along the Coast of both Seas of the Precinct aforesaid. — Charters and Constitutions of the United States, p. 1897. 1611-12. THE THIRD CHARTER OF VIRGINIA. Give, grant, and confirm to the said Treasurer and Com- pany of Adventurers and Planters of the city of London for the first Colony in Virginia, and to their Heirs and Success- ors for ever, all and singular those Islands whatsoever situate and being in any Part of the Ocean Seas bordering upon the Coast of our said first Colony in Virginia, and being within three Hundred Leagues of any of the Parts heretofore granted to the said Treasurer and Company in our said former Let- ters-Patents as aforesaid, and being within or between the one-and-fortieth and thirtieth Degrees of Northerly Latitude. — Charters and Constitutions of the United States, p. 1903. 1614. RESOLUTION OF THE STATES GENERAL [of the United Netherlands] ON THE REPORT OF THE DISCOVERY OF NEW NETHERLAND. Their High Mightinesses have granted and allowed, and hereby grant and allow, the Petitioners that they alone shall have the right to resort to, or cause to be frequented, the aforesaid newly discovered countries situate in America be- tween New France and Virginia, the sea coasts whereof lie in the Latitude of from forty to forty-five degrees, now named New Netherland, as is to be seen by a Figurative Map here- unto annexed. — Documents relative to the Colonial History of New York, I., lo. 1614. GRANT OF EXCLUSIVE TRADE TO NEW NETHERLAND. The States General of the United Netherlands to all to whom these presents shall come, Greeting : ... do consent and grant, to the said Petitioners now united into one Company, that they shall be privileged exclusively to frequent or cause to be visited, the above newly discovered lands, situate in America between New France and Virginia, whereof the sea coasts lie between the fortieth and forty-fifth degrees of Latitude, now named New Netherland, as can be seen by a Figurative Map hereunto annexed. — Documents relative to the Colonial History of New York, L, 11. 1620. THE CHARTER OF NEW ENGLAND. Establish, that all that Circuit, Continent, Precincts, and Limitts in America, lying and being in Breadth from Fourty Degrees of Northerly Latitude, from the Equnoctiall Line, to Fourty-eight Degrees of the said Northerly Latitude, and in length by all the Breadth aforesaid throughout the Maine Land, from Sea to Sea, with all the Seas, Rivers, Islands, Creeks, Inletts, Ports, and Havens, within the Degrees, Pre- cincts, and Limitts of the said Latitude and Longitude, shall be the Limitts, and Bounds, and Precincts of the second Col- lony : And to the End that the said Territoryes may forever hereafter be more particularly and certainly known and dis- tinguished, our Will and Pleasure is, that the same shall from henceforth be nominated, termed, and railed by the name of New-England, in America. — Charters and Constitutio?is of the United States, pp. 992, 993. i62i. CHARTER OF THE DUTCH WEST INDIA COMPANY. That for the Term of four and Twenty years, none of the Natives or Inhabitants of these countries shall be permitted to sail to or from the said lands, or to traffic on the coast and countries oi Africa from the T?-oJ)ic of Cancer to the Cape of Good Hope, nor in the countries of America, or the West- Indies, beginning at the south end of Te7'ra Nova, by the streights of Magellan, La Maire, or any other streights and passages situated thereabouts to the streights of Anian, as well on the north sea as the south sea, nor on any islands situated on the one side or the other, or between both ; nor in the western or southern countries reaching, lying, and between both the meridians, from the Cape of Good Hope, in the East, to the east end of New Guinea, in the West, inclusive, but in the Name of this United Company of these United Netherlands. — Hazard's American State Papers, I., 121- 123. 1629. THE CHARTER OF MASSACHUSETTS BAY. And Whereas, the saide Councell established at Plymouth, in the County of Devon, for the plantinge, ruling, ordering, and governing of Newe England in America, have by their Deede, indented under their Comon Scale, bearing Date the nyneteenth Day of March last past, in the third Yeare of our Raigne, given, graunted, bargained, soulde, enfeoffed, aliened, and confirmed to Sir Henry Rosewell, Sir John Young, Knightes, Thomas Southcott, John Humphrey, John Endecott, and Symon Whetcombe, their Heires and Assignes, and their Associats for ever, all that Parte of Newe England in America aforesaid, which lyes and extendes be- tween a greate River there comonlie called Monomack alias Merrimack, and a ccrten other River there, called Charles River, being in the IJottom of a certayne Bay there, comonlie called Massachusetts, alias Mattachusetts, alias Massatusetts Bay, and also all and singular those Landes and Heredita- ments whatsoever, lyeing within the Space of three English Myles on the South Parte of the said Charles River, or of any, or everie Parte thereof; and also, all and singuler the Landes and Hereditaments whatsoever, lyeing and being within the Space of three English Myles to the Southwarde of the Southermost Parte of the saide Bay called Massachu- setts, alias Mattachusetts, alias Massatusetts Bay ; and also, all those Landes and Hereditaments whatsoever, which lye, and be within the space of three English Myles to the North- ward of the said River called Monomack, alias Merrymack, or to the Northward of any and every Parte thereof, and all Landes and Hereditaments whatsoever, lyeing within the Lymitts aforesaide, North and South in Latitude and bredth, and in Length and Longitude, of and within all the Bredth aforesaide, throughout the Mayne Landes there, from the Atlantick and Westerne Sea and Ocean on the East Parte, to the South Sea on the West Parte ; All that Parte of Nevve England in America, which lyes and extendes between a great River there, comonlie called Monomack River, alias Merrimack River, and a certen other River there, called Charles River, being in the Bottome of a certen Bay there, comonlie called Massachusetts, alias Mattachusetts, alias Massatusetts Bay ; and also all and singu- ler those Landes and Hereditaments whatsoever, lying within the Space of three Englishe Myles on the South Parte of the said River, called Charles River, or of any or every Parte thereof; and also all and singuler the Landes and Heredita- ments whatsoever, lying and being within the Space of three English Miles to the southward of the southermost Parte of the said Baye, called Massachusetts, alias Mattachusetts, alias Massatusetts Bay : And also all those Landes and Heredita- ments whatsoever, which lye and be within the Space of Three English Myles to the Northward of the saide River, called Monomack, alias Merrymack, or to the Northward of any and every Parte thereof, and all Landes and Heredita- ments whatsoever, lyeing within the Lymitts aforesaide, North and South, in Latitude and Bredth, and in Length and Longitude, of and within all the Bredth aforesaide, through- out the mayne Landes there, from the Atlantick and Western Sea and Ocean on the East Parte, to the South Sea on' the West Parte. — Charters and Constitutions of the United States, P- 934- 1632. TREATY OF ST. GERMAIN. Traite entre Louis XIII., Roi de France, et Charles I., Roi d' Angleterre, pour la restitution de la Nouvelle France r Acadie et le Canada, et des Navires et Marchandises pris de par et d' autre. Fait a St. Germain-en- Lay e, le 2geme jour de Mais, 1632. III. De la part de Sa Majeste de la Grande Bretagne, ledit Sieur Ambassadeur, (Sir Isaac Wake,) en vertu du pouvoir qu'il a,lequel sera a la fin des presentes, a promis et promet pour et au nom de Sadite Majeste, de rendre et restituer a Sa Majeste Tres-Chretienne, tous les lieux occupes en la Nou- velle France, I'Acadie et le Canada, pas les sujets de Sa Majeste de la Grande Bretagne, iceux faire retirer desdits lieux. Et pour cet effet ledit Sieur Ambassadeur delivrera, lors de la passation et signature des presentes, aux commissaires du Roi Tres-Chretien, en bonne forme le Pouvoir qu'il a de Sa Majeste de la Grande Bretagne, pour la restitution desdits lieux, ensemble les commandements de Sadite Majeste, a tous ceux qui commandent dans le Fort-Royal, Fort de Quebec et Cap Breton, pour etre lesdites places et forts rendues et remis es mains de ceux qu'il plaira a Sa Majeste Tres-Chretienne ordonner, huit jours apres lesdits commandements auront ete notifiees a ceux qui commandent ou commanderont esdits lieux, ledit tems de huit jours leur etant donne pour retirer. . . . — Lindsey, Boundaries of Ontario, p. 107. [translation.] On behalf of his Majesty of Great Britain, the said Am- bassador, (Sir Isaac Wake) in virtue of the power held by him, which will be at the end of these presents, has promised and promises for and in the name of his said Majesty, to give up and restore to his Most Christian Majesty all the lands occupied by the subjects of his Britannic Majesty, in New France, Acadia, and Canada, the said subjects to be II withdrawn from said lands. And to this effect, the said Ambassador will deliver, at the time of the executing and signing of these presents, to the commissioners of the Most Christian King, in good form the power which he has from his Majesty of Great Britain, for the restoration of the said lands, according to the orders of his said Majesty, to all those who comjnand at Fort Royal, Fort Quebec, and Cape Breton, that the said lands and forts be given up and placed in the hands of those it shall please his Most Christian Majesty to appoint, eight days after the said orders shall be communicated to those who are in command or who shall be in command of said lands, the said time of eight days being given them for withdrawing. 1632. CHARTER OF MARYLAND. Concedimus et Confirmamus totam illam Partem Penin- sulae sive Chersonesi jacentis in Partibus Americae inter Oceanum, ex Oriente et simum de Chesapeake ab Occidente a Residuo ejusdem per rectam Lineam a Promontorio sive Capite Terrae vocato IVatkin' s jPoi'n^ juxta. Sinum praedictum prope Fluvium de IVighco scituato ab Occidente usque ad magnum Oceanum in Plaga Orientali ductam divisam Et inter Metam illam a Meridie usque ad Partem illam Estuarii de Delaware ab Aquilone quae subjacet quadragesimo Gradui Latitudinis Septentrionalis ab Aequinoctiali ubi terminatur Nova Anglia totumque illius Terrae Tractum infra Metas sub- scriptas (videlicet) Transeundo a dicto Aestuario vocato Delaware Bay recta Linea per Gradum praedictum usque ad verum Meridianum primi Foutis Flumenis de Pattowjuack deinde vergendo versus Meridiem ad ulteriorem dicti Flumi- nis Ripam et cam sequendo qua Plaga occidentalis ad Meri- dionalem spectat usque ad Locum quendam appellatum Cin- quack prope ejusdem Fluminis Ostium scituatum ubi in prae- fatum Sinum de Chessopeake evolvitur as inde per Lineam brevissimam usque ad praedictum Promontorium sive Locum vocatum Watkhi' s Point — Ita quod totus Terrae Tractus per Lineam praedictam inter magnum Oceanum et Watkin' s Point divisus usque ad Promontorium vocatum Cape Charles. — Charters and Constitutions of the United States, p. 811. 12 [translation.] ''We, . . . , do give, grant and confirm unto the afore- said Ceciliiis, now Baron of Baltimore, his heirs and assigns, all that part of the Peninsula, or Chersonese, lying in the parts of America between the ocean on the east and the bay of Chesapeake on the west ; divided from the residue thereof by a right line drawn from the promontory or head-land, called Watkin's Point, situated upon the bay aforesaid, near the river Wighco on the west, unto the main ocean on the east ; and between that boundary on the south, unto that part of the bay of Delaware on the north, which lyeth under the fortieth degree of north latitude from the aequinoctial, where New England is terminated ; and all the tract of that land within the metes underwritten — (that is to say) passing from the said bay, called Delaware bay, in a right line by the de- gree aforesaid, unto the true meridian of the first fountain of the river of Pattowmack, thence verging towards the south, unto the farther bank of the said river, and following the same on the west and south, unto a certain place called Cin- quack, situate near the mouth of the said river, whence it disembogues into the aforesaid bay of Chesapeake, and thence by the shortest line unto the aforesaid promontory, or place, called Watkin's Point. So that the whole tract of land, divided by the line aforesaid, between the main ocean and Watkin's Point, unto the promontory called Cape Charles, and every the appendages thereof, may entirely remain ex- cepted for ever to us, our heirs and successors." — Scharfs History of Alary land, I., 53. 1629. CxRANT OF NEW HAMPSHIRE. [The Council for New England] do give, grant, bargain, sell, assign, alicne, set over, enfeof, and confirm unto the said Captain John Mason, his Heires and Assigns, all that Part of the main Land in New-England, lying upon the Sea Coast, beginning from the middle Part of Merrimack River, and from thence to proceed northwards along the Sea Coast to Piscataqua River, and so forwards up within the said 13 River, and to the furthest Head thereof, and from thence northwestwards, until three Score Miles be finished from the first Entrance of Piscataqua River and also from Merrimack through the said River, and to the furthest Head thereof, and so forwards up into the Lands westwards until three Score Miles be finished ; and from thence to cross over Land to the three Score Miles, and accompted from Piscataqua River, to- gether with all Islands and Islets within Five Leagues Dis- tance of the Premisses, and abutting upon the same or any Part or Parcel thereof . . . — Charteis and Constitutions of the United States, p. 1 2 7 1 . 1635. GRANT OF NEW HAMPSHIRE. Now know all men by these presents, that the said Coun- sell of New England, in America, being assembled in publick court, according to an act made and agreed upon the third day of February last past, before the date of these presents, for diverse good causes and considerations them there unto espetially moveing, Have given, granted, aliened, barganed and sould, and in and by these presents do for them and their successors, give, grant, alien, bargane, sell and confirm unto Capt. John Mason, Esq ; his heyres, and assignes, all that part of the Mayn Land of New England aforesaid, be- ginning from the middle part of Naumkeck River, and from thence to proceed eastwards along the Sea Coast to Cape Anne, and round about the same to Pischataway Harbour, and soe forwards up within the river of Newgewanacke, and to the furthest head of the said River, and from thence north- westwards till sixty miles bee finished, from the first entrance of Pischataqua Harbor, and alsoe from Naumkecke through the River thereof up into the land west sixty miles, from which period to cross over land to the sixty miles end, ac- compted from Pischataway, through Newgewanacke River to the land northwest aforesaid ; and alsoe all that the South Halfe of the Ysles of Sholes, all which lands, with the Con- sent of the Counsell, shall from henceforth be called New- hampshyre : And alsoe ten thousand acres more of land in 14 New England aforesaid, on the southeast part of Sagadihoc, at the mouth or entrance thereof, from henceforth to bee called by the name of Massonia ; togeather with all and sin- gular Havens, Harbors, Cricks, and Yslands inbayed, and all Islands and Isletts lying within five leagues distance of the Mayne Land opposite and abbutting upon the Premises, or any part thereof, not formerly lawfully granted to any by spetiall name. . . . — Charters and Constitutio7is of the Ufiited States, p. 1273. 1639. CHARTER OF MAINE. And by these Presents for us our heires and successors Doe give graunte and confirme unto the said Sir Fardinando Gorges his heires and assignes All that Parte Purparte and Porcon of the Mayne Lande of New England aforesaid be- ginning att the entrance of Pascataway Harbor and soe to passe upp the same into the River of Newichewanocke and through the same unto the furthest heade thereof and from thence Northeastwards till one hundred and twenty miles bee finished and from Pascataway Harbor mouth aforesaid Northwestwards along the Sea Coasts to Sagadahocke and upp the River thereof to Kynybequy River and through the same unto the heade thereof and into the Lande Northwest- wards untill one hundred and twenty myles bee ended being accompted from the mouth of Sagadahocke and from the period of one hundred and twenty myles aforesaid to crosse over Lande to the one hundred and twenty myles end for- merly reckoned upp into the Lande from Pascataway Harbor through Newichewanocke River and alsoe the Northe halfe of the Isles of Shoales togeather with the Isles of Capawock and Nawtican neere Cape Cod as alsoe all the Islands and Ilelts lyeinge within five leagues of the Mayne all alonge the afore- saide Coasts betweene the aforesaide River of Pascataway and Segadahocke with all the Creekes Havens and Harbors there- unto belonginge and the Revercon and Revercons Remaynder and Remaynders of all and singular the said Landes Rivers and Premisses All which said Part Purpart or Porcon of the Mayne Lande and all and every the Premisses herein before t5 named Wee Doe for us our heires and successors create and incorporate into One Province or Countie And Wee Doe name ordeyne and appoynt that the porcon of the Mayne Lande and Premises aforesaide shall forever hereafter bee called and named The Province or Countie of Mayne and not by any other name or names whatsoever. — Charters and Constitutio7is of the United States^ p. 775. 1643. PATENT FOR PROVIDENCE PLANTATIONS. A Tract of Land in the Continent of America aforesaid, called by the Name of the Narraganset-Bay ; bordering North- ward and Northeast on the Patent of the Massachusetts, East and Southeast on Plymouth Patent, South on the Ocean, and on the West and Northwest by the Indians called Nahiggan- neucks, alias Narragansets ; the whole Tract extending about Twenty-five English Miles unto the Pequot River and Country. — Charters a?id Constitutions of the United States, P- 1594., 1662. CHARTER OF CONNECTICUT. And Know Ye further. That We, of Our abundant Grace, certain Knowledge, and mere Motion, have given, granted, and confirmed, and by these Presents for Us, our Heirs and Successors, do give, grant and confirm unto the said Gov- ernor and Company, and their Successors, all that Part of Our Dominions in JVew England in America, bounded on the East by Narragansett- River , commonly called Narragan- sett-Bay, where the said River falleth into the Sea ; and on the North by the Line of the Alassachusctts-Plantation ; and on the 6*^////^ by the Sea; and in Longitude as the Line of the Massachusetts- Colony, running from East to West, That is to say, From the said Narragansett-Bay on the East, to the South Sea on the ]Vest Part, with the Islands thereunto ad- joining, together with all firm Lands, Soils, Grounds, Havens, Ports, Rivers, Waters, Fishings, Mines, Minerals, precious Stones, Quarries, and all and singular other Commodities, Jurisdictions, Royalties, Privi'eges, Franchises, Prehemi- i6 nences, and Hereditaments whatsoever, within the said Tract, Bounds, Lands, and Islands aforesaid, or to them or any of them belonging. To have and to hold the same unto the said Governor and Company, their Successors and Assigns for ever, upon Trust, and for the Use and Benefit of Themselves and their Associates, Freemen of the said Colony, their Heirs and Assigns, to be holden of Us, Our Heirs and Suc- cessors, as of Our Manor of East Greenwich, in free and common Soccage, and not in Capite, nor by Knights Service, yielding and paying therefore to Us, Our Heirs and Suc- cessors, only the Fifth Part of all the Ore of Gold and Silver which from Time to Time, and at all Times hereafter, shall be there gotten, had, or obtained, in Lieu of all Services, Duties, and Demands whatsoever, to be to Us, our Heirs, or Successors therefore, or thereout rendered, made, or paid. — Charters and Constitutions of the United States, pp. 256, 257. 1663. CHARTER OF RHODE ISLAND AND PROV- IDENCE PLANTATIONS. All that parte of our dominiones in New-England, in Amer- ica, conteyneing the Nahantick and Nanhyganset Bay, and countryes and partes adjacent, bounded on the west, or west- erly, to the middle or channel of a river there, commonly called and known by the name of Pawcatuck, alias Pawcaw- tuck river, and soe along the sayd river, as the greater or middle streame thereof reacheth or lyes upp into the north country e, northward, unto the head thereof, and from thence, by a streight lyne drawn due north, untill itt meets with the south lyne of the Massachusetts CoUonie ; and on the north, or northerly, by the aforesayd south or southerly lyne of the Massachusetts Collony or Plantation, and extending towards the east, or eastwardly, three English miles to the east and north-east of the most eastern and north-eastern parts of the aforesayd Narragansett Bay, as the sayd bay lyeth or extend- eth itself from the ocean on the south, or southwardly, unto the mouth of the river which runneth towards the towne of Providence, and from thence along the eastwardly side or 17 banke of the sayd river (higher called by the name of Sea- cunck river), up to the ffalls called Patuckett ffalls, being the most westwardly lyne of Plymouth Collony, and soe from the sayd ffalls, in a streight lyne, due north, untill itt meete with the aforesayd line of the Massachusetts Collony ; and bounded on the south by the ocean : and, in particular, the lands be- longing to the townes of Providence, Pawtuxet, Warvvicke, Misquammacok, alias Pawcatuck, and the rest upon the maine land in the track aforesayd, together with Rhode-Island, Blocke-Island, and all the rest of the islands and banks in the Narragansett Bay, and bordering upon the coast of the tract aforesayd (Ffishers Island only excepted). . . . — Charters and Constitutions of the United States^ p. 1602. 1663. CHARTER OF CAROLINA. All that territory or tract of ground, scituate, lying and be- ing within our dominions of America, extending from the north end of the island called Lucke island, which lieth in the southern Virginia seas, and within six and thirty degrees of the northern latitude, and to the west as far as the south seas, and so southerly as far as the river St. Matthias, which bordereth upon the coast of Florida, and within one and thirty degrees of northern latitude, and so west in a direct line as far as the south seas aforesaid ; together with all and singular ports, harbours, bays, rivers, isles and islets belong- ing to the country aforesaid. . . . — Charters and Constitu- tions of the United States, p. 1383. 1664 and 1674. GRANT TO JAMES, DUKE OF YORK. Know yee that wee for divers good causes and considera- cons us thereunto moving have of our especiall Grace certaine knowledge and meere motion given [and] granted and by these presents for us our heires and successors do give and grant unto our dearest brother James Duke of Yorke his heires and assigns all that part of the maine land of New England begin- i8 ing at a certaine place called or knovvne by the name of St. Croix next adjoyning to New Scotland in America and from thence extending along the sea coast unto a certain place called Petuaquine or Pemaqiiid and so up the River thereof to the furthest head of ye same as it tendeth northwards and extending from thence to the River [of] Kinebequi and so up- wards by the shortest course to the River Canada northward and also all that Island or Islands commonly called by the severall name or names of Matowacks or Loud Island scituate lying and being towards the west of Cape Codd and ye nar- row Higansetts abutting upon the maine land between the two Rivers there called or knowne by the severall names of Conecticutt and Hudsons River together also with the said river called Hudsons River and all the land from the west side of Conecticutt River to ye east side of Delaware Bay and also all those severall Islands called or knowne by the names of Martin's Vineyard and Nantukes otherwise Nan- tuckett. — Charters and Constitutions of the United States, pp. 783, 784. 1664 and 1674. NEW JERSEY. Duke of York's Release of New Jersey, to John Lord Berkeley, and Sir George Carteret, hath granted unto the said John Lord Berkley and Sir George Carteret, their Heirs and Assigns for ever. All that Tract of Land adjacent to New-Efigland, and lying and being to the Westward of Long-Island and Manhitas Island, and bounded on the East part by the main Sea, and part by Hudson' s River, and hath upon the West Delaware Bay or Rivef, and extendeth Southward to the Main Ocean as far as Cape- May at the Mouth oi Delaivare Bay ; and to the North- ward as far as the Northermost Branch of the said Bay or River of Dekuvare, which is forty one Degrees and forty Minutes of Latitude, and crosseth over thence in a strait Line to Hudson s River in forty one Degrees of Latitude ; which said Tract of Land is hereafter to be called by the Name or Names of New Ceaserea or New-Jersey. — Learning and Spicer, Laws of Neiu Jersey, pp. 8-1 1, 46-48. 19 1665. CHARTER OF CAROLINA. All that province, territory or tract of land, situate, lying and being within our dominions of America aforesaid ; extend- ing north and eastward, as far as the north end of Currituck river or inlet, upon a strait westerly line to Wyonoak creek, which lies within or about the degrees of thirty-six and thirty minutes, northern latitude ; and so west, in a direct line, as far as the South-Seas ; and south and westward, as far as the degrees of twenty-nine, inclusive, of northern latitude; and so west, in a direct line, as far as the South-Seas; together with all and singular the ports, harbours, bays, rivers and inlets, belonging unto the province or territory aforesaid. . . — Charters and Constitutions of the United States, p. 1390. 1672. GRANT TO THE HUDSON'S BAY COMPANY. We have given, granted and confirmed, and by these presents, for us, our heirs and successors. Do give, grant and confirm, unto the said Governor and Company, and their successors, the sole trade and commerce of all those seas, straits, bays, rivers, lakes, creeks and sounds, in whatsoever latitude they shall be, that lie within the entrance of the straits, commonly called Hudson's Straits, together with all the lands and territories upon the countries, coasts, and con- fines of the seas, bays, lakes, rivers, creeks and sounds afore- said, that are not already actually possessed by or granted to any of our subjects, or possessed by the subjects of any other Christian Prince or State. — Mills, Boundaries of Ontario, P- 155- 1 68 1. CHARTER OF PENNSYLVANIA. Doe give and Grant unto the said William Penn, his Heires and Assignes, all that Tract or Parte of Land in A??ieriea, with all the Islands therein conteyned, as the same is bounded on the East by Delaware River, from twelve miles distance Northwards of Neia Castle Towne unto the three and fortieth degree of Northerne Latitude, if the said 20 River doeth extende so farre Northwards ; But if the said River shall not extende soe farre Northward, then by the said River so farr as it doth extend ; and from the head of the said River, the Easterne Bounds are to bee determined by a Meridian Line, to bee drawne from the head of the said River, unto the said three and fortieth Degree. The said Lands to extend westwards five degrees in longitude,to bee computed, from the said Easterne Bounds; and the said Lands to bee bounded on the North by the begin- ning of the three and fortieth degree of Northern Latitude, and on the South by a Circle drawne at twelve miles distance from New Castle Northward and Westward unto the begin- ning of the fortieth degree of Northern Latitude, and then by a streight Line Westward to the Limitt of Longitude above- mentioned. — Charters and Constitutions of the United States, pp. 1509, 1 5 10. 1691. CHARTER OF MASSACHUSETTS BAY. Wee doe by these presents for Us Our Heires and Succes- sors Will and Ordeyne that the Territories and Collonyes com- only called or known by the Names of the CoUony of the Massachusetts Bay and Collony of New Plymouth the Province of Main the Territorie called Accadia or Nova Scotia and all that Tract of Land lying betweene the said Territori/^/ves of Nova Scotia and the said Province of Main be Erected Lhiited and Incorporated And Wee doe by these presents Unite Erect and Incorporate the same into one reall Province by the Name of Our Province of the Massachusetts Bay in New England And of Ouf especial Grace certaine knowledge and meer mocon Wee have given and granted and by these pres- ents for Us Our Heires and Successors doe give and grant unto Our good Subjects the Inhabitants of Our said Province or Territory of the Massachusetts Bay and their Successors all that parte of New England in America lying and extending from the greate River comonly called Monomack als Merri- mack on the Northpart and from three Miles Northward of the said River to the Atlantick or Western Sea or Ocean on the South part And all the Lands and Hereditaments whatso- ever lying within the limitts aforesaid and extending as farr as the Outermost Points or Promontories of Land called Cape Cod and Cape Mallabar North and vSouth and in Latitude Breadth and in Length and Longitude of and within all the Breadth and Compass aforesaid throughout the Main Land there from the said Atlantick or Western Sea and Ocean on the East parte towards the South Sea or Westward as far as Our CoUonyes of Rhode Island Connecticutt and the Narra- gansett Countrey all alsoe all that part or porcon of Main Land beginning at the Entrance of Pescata way Harbour and soe to pass upp the same into the River of Newickewannock and through the same into the furthest head thereof and from thence northwestward till One Hundred and Twenty Miles be finished and from Piscata way Harbour mouth aforesaid North-Eastward along the Sea Coast to Sagadehock and from the Period of One Hundred and Twenty Miles aforesaid to crosse over Land to the One Hundred and Twenty Miles be- fore reckoned up into the Land from Piscataway Harbour through Newickawannock River and alsoe the North halfe of the Isles and Shoales together with the Isles of Cappawock and Nantukett near Cape Cod aforesaid and alsoe [all] Lands and Hereditaments lying and being in the Countrey and Ter- ritory comonly called Accadia or Nova Scotia And all those Lands and Hereditaments lying and extending betweene the said Countrey or Territory of Nova Scotia and the said River of Sagadahock or any part thereof And all Lands Grounds Places Soiles Woods and Wood grounds Havens Ports Rivers Waters and other Hereditaments and premisses whatsoever lying within the said bounds and limitts aforesaid and every part and parcell thereof and alsoe all Islands and Isletts lying within tenn Leagues directly opposite to the Main Land within the said bounds and all Mines and Mineralls as well Royall Mines of Gold and Silver as other Mines and Miner- alls whatsoever in the said Lands and premisses or any parte thereof To Have and to hold the said Territories Tracts Countreys Lands Hereditaments and all and singular other the premisses with their and every of their Appurtences to Our said Subjects the Inhabitants of Our said Province of the Massachusetts Bay in New England and their Successors to their only proper use and behoofe for evermore To be holden of Us Our Heires and Successors as of Our Mannor of East 22 Greenwich in the County of Kent by Fealty only in free and Comon Soccage yeilding and paying therefore yearly to Us Our Heires and Successors the Fifth part of all Gold and Silver Oar and pretious Stones which shall from time to time and at all tinies hereafter happen to be found gotten had and obteyned in any of the said Lands and premisses or within any part thereof. — Charters and Constitutions of the Ufiited States, pp. 947, 948. 1 71 7. EXTRACT FROM THE REGISTERS OF THE KING'S COUNCIL OF STATE annexing Illinois to Louisiana. The King in Council, having under consideration the letters patent in form of an edict of the month of August last, establishing a commercial company under the name of the Western Company (Compagnie d'Occident) ; together with those of the 14th September, 1712, granted to Sieur Crozat, and being of opinion that it would be conducive to the ser- vice of the King, and of use and advantage to the Western Company, to extend the Government of the Province of Louisiana, by adding to it the country of the savages, called the Illinois. The report being read and everything consid- ered, His Majesty in Council, on the advice of the Duke of Orleans, his uncle, Regent, has united and incorporated the country of the savages to the Government of the Province of Louisiana, desires and intends that the said Western Com- pany shall enjoy the lands comprised under the name of the said country in the same way that it ought to enjoy those granted to it by the said letters patent in the month of August last, and that the commandants, officers, soldiers, habitants and others who are or who may be in the said country will recognize the authority of the General in com- mand of Louisiana, and yield obedience to him, without any kind of opposition, on pain of disobedience. Done at the King's Council of State, in the presence of His Majesty, held at Paris, on the twenty-seventh of September, 1717. (Signed) Phelippeaux. And then follows the words : Compared with the origi- 23 nal by our esquire, councillor — secretary of the King, House and Crown of France and of his finances. (Signed) Le Noir, with paraphe. On the 19th June, 17 18, the King notified the Marquis de Vaudreuil, Lieutenant-Governor of New France, le Sieur Begou, Intendant, and the officers of the superior Council at Quebec, to read and publish the letters patent in form of edict of August, 17 17, establishing the Western Company, and the arret of the Council of the 27th September, 1717, incorporat- ing the country of the Illinois with Louisiana ; and ordering them to be kept and observed according to their form and tenour, notwithstanding any edicts, declarations, arrets, ordi- nances, rules, usuage, and other things contrary thereto, from which we have derogated and do by these presents derogate : (Signed) Louis. And lower down : by the King, the Duke of Orleans, Regent, present, (Signed) Phelippeaux, with paraphe. Edits, ordonnaiices Royaux, declarations, et errcts du conseil d^etat du roi. Registered by the Clerk of the Superior Council of Que- bec, Oct. 2, 1 7 19. — Lindsey, Boundaries of Ontario, p. 210. Note. 1732. CHARTER OF CxEORGIA. Know ye, that we greatly desiring the happy success of the said corporation, for their further encouragement in accom- plishing so excellent a work have of our aforesaid grace, cer- tain knowledge and mere motion, given and granted by these presents, for us, our heirs and successors, do give and grant to the said corporation and their successors under the reserva- tion, limitation and declaration, hereafter expressed, seven undivided parts, the whole in eight equal parts to be divided, of all those lands, countrys and territories, situate, lying and being in that part of South-Carolina, in America, which lies from the most northern part of a stream or river there, com- monly called the Savannah, all along the sea coast to the 24 southward, unto the most southern stream of a certain other great water or river called the Altamaha, and westerly from the heads of the said rivers respectively, in direct lines to the south seas ; and all that share, circuit and precinct of land, within the said boundaries, with the islands on the sea, lying opposite to the eastern coast of the said lands, within twenty leagues of the same, which are not inhabited already, or set- tled by any authority derived from the crown of Great- Britain : together with all the soils, grounds, havens, ports, gulfs and bays, mines, as well royal mines of gold and silver, as other minerals, precious stones, quarries, woods, rivers, waters, fishings, as well royal fishings of whale and sturgeon as other fishings, pearls, commodities, jurisdictions, royalties, franchises, privileges and pre-eminences within the said fron- tiers and precincts thereof and thereunto, in any sort belong- ing or appertaining, and which we by our letters patent may or can grant, and in as ample manner and sort as we may or any of our royal progenitors have hitherto granted to any company, body politic or corporate, or to any adventurer or adventurers, undertaker or undertakers, of any discoveries, plantations or trafiic, of, in, or unto any foreign parts Avhatso- ever; and in as legal and ample manner, as if the same were herein particularly mentioned and expressed: to have, hold, possess and enjoy, the said seven undivided parts, the whole into eight equal parts, to be divided as aforesaid, of all and singular the lands, countries and territories, with all and singular other the premises herein before by these presents granted or mentioned, or intended to be granted to them, the :said cot-poration, and their successors forever, for the better support of the said colony, to be holden of us, our heirs and successors, as of our honour of Hampton-court, in our county of Middlesex in free and common soccage, and not in capite, yielding, and paying therefor to us, our heirs and successors yearly forever, the sum of four shillings for every hundred acres of the said lands, which the said corporation shall grant, demise, plant or settle ; the said payment not to commence or to be made, until ten years after such grant, demise, planting or settling ; and to be answered and paid to us, our heirs and successors, in such manner and in such species of money or notes, as shall be current in payment, by proclama- 25 tion from time to time, in our said province of South-Caro- lina. — Charters and Constiiiitioiis of the United States, p. 373. 1764. NEW YORK AND NEW HAMPSHIRE. 1764. Order in Council fixing the Boundary between New York and New Hampshire. (l.s.) At the Court at St. James the 20th Day of July 1764. Present. The King's most Excellent Majesty. [And nine members of Council.] Whereas there was this Day read at the Board, a Report made by the Right Honourable the Lords of the Committee of Council for Plantation affairs dated the 17th of this In- stant, upon considering a Representation from the Lords Commissioners for Trade and Plantations, relative to the Disputes that have some years Subsisted between the Prov- inces of New Hampshire and New York concerning the Boundary Line between those Provinces. His Majesty tak- ing the same into consideration was pleased with the advice of his privy Council to approve of what is therein proposed, and doth accordingly hereby Order and Declare the Western Banks of the River Connecticut, from where it enters the Province of the Massachusets Bay, as far North as the forty fifth Degree of Northern Latitude, to be the Boundary Line between the said two Province of New Hampshire and New York. Whereof the respective Governors and Commanders in Chief of His Majesty's said Provinces of New Hampshire and New York for the time being and all others whom it may Concern are to take notice of his Majesty's Pleasure hereby signified and Govern themselves accordingly. — Boundaries of the State of New York, Vol. I., pp. 82, Z^i- 1774. THE ''QUEBEC ACT." An Act for making more effectual Provision for the Gov- ernment of the Province of Quebec in North America. Whereas His Majesty, by His Royal Proclamation, bear- ing Date the Seventh Day of October, in the Third Year of 26 His Reign, thought fit to declare the Provisions which had been made in respect to certain Countries, Territories and Islands in America, ceded to His Majesty by the definitive Treaty of Peace, concluded at Paris on the Tenth Day of February One thousand seven hundred and sixty three : And whereas by the Arrangements made by the said Royal Pro- clamation, a very large Extent of Country, within which there were several Colonies and Settlements of the Subjects of France, who claimed to remain therein under the Faith of the said Treaty, was left, without any Provision being made for the Administration of Civil Government therein ; . . . be it enacted. I. That 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 same Latitude directly West, through the Lake Chafuplain, until in the same Latitude, it meets the River Saint Law- rence ; from thence up the Eastern Bank of the said River to the Lake Ontario ; thence through the Lake Ontario, and the River com.monly called Niagara ; and thence along by the Eastern and South Eastern Bank of Lake Frie, following the said Bank, until the same shall be intersected by the North- ern 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 strike the Ohio ; but in case the said Bank of the said Lake shall not be found to be so intersected, then following the said Bank until it shall arrive at that Point of the said Bank which shall be nearest to the North Western Angle of the said Prov- ince of Pensylvania, and thence by a right Line to the said Northwestern Angle of the said Province ; and thence along the Western Boundary of the said Province until it strike ' ' 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 Mer- 27 chants Adventurers of E tiglaji d ir2idmg 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 Nc7ii- foundland, be, and they are hereby, during His Majesty's Pleasure, annexed to and made Part and Parcel of the Prov- ince of Quebec, as created and established by the said Royal Proclamation of the Seventh of October One thousand seven hundred and sixty-three. ^ II. Provided always. That nothing herein contained rela- tive to the Boundary of the Province of Quebec, shall in any wise affect the Boundaries of any other Colony. — Statutes at Large of Great Britain, XIII., p. 789-791; {Amto 14° Georgii III, c. S^.'] ;■ * * Attractive to the degree of fascination. ' * Studies in Philology. By FREDERIC G^ARLANDA, Ph.D., Prof, of English and Anglo-Saxon in the University of Rome, Italy. 1.— PHILOSOPHY OF WORDS. A Popular Introduction to the Science of Language. 12mo. Cloth, Price, $1.50, Summary: I. — Introduction. II. — Sounds and Language. III.— The English Language : Household y\^ORDS, Church AVords, Words of Society, Political Words. IV. — Comparative Grammar. V. — Outlines of the History of the Science of Language. VI. — The ques- tion of the Origin of Language. VII. — Comparative Mythology. VIII. — Languages and Races : Local and Family Names. IX. — Lan- guage and Education. 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