Yale University Library 39002005002994 YALE UNIVERSITY LIBRARY BiAiuuss. uOuumENTS AND PAPERS BEARING ON THE DISCUSSION RESPECTING THE rrrtbnt and ^ittttrn jjaamlarwj} OF THE y y PROVINCE OF ONTARIO, INCLUDING THE PRINCIPAL EVIDENCE SUPPOSED TO BE EITHER FOR OR AGAINST THE CLAIMS OF THE PROVINCE. Compiled by Direction of the Government of Ontario ; WITH EXPLANATORY NOTES. TORONTO: PRINTED BY HUNTER, ROSE & CO., 25 WELLINGTON ST. WESl'. 1878. COINTEiNTS. Page. I.— STATUTES 1-11 Act confirming the Hudson's Bay Company's Charter for seven years, 1690 1 Quebec Act, 1774 3 The Constitutional Act, 1791 4 Act extending the Jurisdiction of the Canadian Courts of Justice, 1803 4 Act regulating the Fur Trade, &c, 1821 6 The Union Act, 1840 10 The British North America Act, 1867 10 II.— TREATIES, CONVENTIONS, &c 11-24 Treaty of St. Germain -en-Laye, 1632 11 Breda, 1667 12 Nimeguen, 1678 12 Neutrality, 1686 13 (Provisional) concerning America, 1687 15 of Ryswick, 1697 15 Utrecht, 1713 16 Aix-la-Chapelle, 1748 17 Paris, 1763 18 Treaties between Great Britain and the United States : — The Definitive Treaty, 1783 19 Treaty of Amity, &ov 1794 20 Treaty of Ghent, 1814 20 Convention of 1818 21 Treaty of 1842 21 Oregon Boundary Treaty, 1846 22 Canadian Treaty with the Indians of Lake Superior, 1850 23 Report of Committee of the Executive Council relating thereto, 1850 22 III.— PROCLAMATIONS 25-29 Royal Proclamation of October, 1763 25 Proclamation by Gen. Gage to the French of Illinois, 1764 26 of Gen. Alured Clarke, 1791 27 of Governor Macdonell, 1814 28 IV.— ROYAL CHARTER, &c 29-30 The Hudson's Bay Company's Charter, 1670 29 License of Exclusive Trade to the Hudson's Bay Company, 1821 37 V.— OFFICIAL AND HISTORICAL DESCRIPTIONS OF THE BOUNDARIES OF CANADA 39-56 French Official Descriptions 39 VI CONTENTS. Page. Boundaries between Canada and Louisiana 42 Descriptions in English Commissions after the Treaty of Paris 43 Boundary Line between New York and Canada, 1763 52 Unofficial Descriptions 53 VI.— DOCUMENTS RESPECTING EARLY FRENCH SETTLEMENTS AND EX PLORATIONS 56-103 Memoir of the Marquis de Denonville on the French limits 56 Taking possession of the countries of the Indian nations of the North and West by Sub-delegate Saint Lusson, 1571 61 Record of the taking possession of the country of the Upper Mississippi, 1680 62 French Correspondence, 1697-1747 63 Discoveries of the Verendryes, 1728-1750 68 The Chevalier de Bougainville on the French Posts, 1757 80 Early French population of Green Bay and Prairie des Chiens — Reports, &c, of the Michigan Commissioners ; 85 Settlements in the Illinois country, Detroit district, &c 92 Documents relating chiefly to Louisiana 97 Routes which the French of Canada had to the Mississippi 103 VII.— CORRESPONDENCE AND DOCUMENTS RELATING TO HUDSON'S BAY 104-133 French Correspondence and Memoirs, 1668-1745 104 Limits of the Post of Temiscamingue 117 Miscellaneous Papers, 1687-1798 1]9 Claims and Memorials of the Hudson's Bay Company, 1700-1714 123 VIII.— REMARKS ON EARLY MAPS 133-140 M. Bellin on the Map of North America 133 Notes on Maps examined 135-6, 136a-z, aa-hh, 137-40 See also the Memorandum by S. J. Dawson, Esq., M.P.P 273 IX.— INTERN ATIONAL NEGOTIATIONS, 1711-1761 140-163 Negotiations for the Peace of Utrecht 140 Negotiations for the Cession of Canada 154 Dumas' Memoir I59 X.— CANADIAN ENTERPRISE IN THE NORTH-WEST AFTER THE CON QUEST : 1761-1819 164-193 Extracts from Henry's Travels in Canada and the Indian Territories, 176*1-1776 164 from Carver's Travels j^gg Extent of Country which the North- West Company occupied 169 Official recognition of the North- West Company I78 Extracts from Mackenzie's History of the Fur Trade 179 from Henry's Journal of Travel in the North- West, &c, 1 799-1816.. 183 from Pike's Travels ^gg XL— LEGAL OPINIONS ON THE HUDSON'S BAY COMPANY'S CHARTER.. 193-202 Sir D. Ryder and Sir W. Murray, 1748 I93 Edward Bearcroft, Esq 194 Sir V. Gibbs, 1804 195 CONTENTS, VU Page. Sir Arthur Pigott, Sergeant Spankie and Lord Brougham, 1816 196 Sir Richard Bethell and Sir Henry S. Keating, 1857 200 XII.— JUDICIAL PROCEEDINGS 203-235 Limits of Tadoussac — Ordinance of Intendant Hocquart, 1733 203 DeReinhard's Case, 1818 ,207 McLellan's Case, 1818 227 Case of Brown and Boucher, 1818 228 Connolly v. Woolrich, 1867 230 XIII.— DOCUMENTS AND ARGUMENTS SUPPORTING ONTARIO'S CLAIMS, 235-278 Memorandum from Chief Justice Draper, 1857 235 Paper relative to the Boundaries, by Chief Justice Draper, 1857 240 Memorandum from the Hon. Joseph Cauchon, Commissioner of Crown Lands, 1857 243 Mr. W. McD. Dawson's Evidence before Committee of the Legislative As sembly, 267 Memorandum by S. J. Dawson, Esq., M. P.P. for Algoma, 273 XIV.— DOCUMENTS AND ARGUMENTS OPPOSING ONTARIO'S CLAIMS .... 279-290 Discoveries and national rivalries in and around Hudson's Bay (Oldmixon's Account) 279 Hudson's Bay Company's Statement of Title, after the Treaty of Ryswick. . 288 Statement of Rights, 1850 288 XV.— MISCELLANEOUS DOCUMENTS 291-322 Rights of Postliminy — the Duke of York's Patents 291 Should the object of Voyages be taken into account 1 293 General De Montcalm on Corruption among Canadian Officials, 1759 294 Extracts from Franklin's Letters to his son 296 Colonization of the Illinois — Sir W. Johnson to the Lords of Trade, 1776. 298 Debate on the Quebec Bill in the House of Commons, 1774 299 Correspondence relating to affairs in Canada, 1783-1 795 : — Extracts from the Upper Canada MSS 306 from the Simcoe Papers ' 313 Instructions to Captain George Vancouver, 1791 320 Lands, west of 88°50', patented by the Province of Canada before Confeder ation ' 322 XVI.— OFFICIAL CORRESPONDENCE AND DOCUMENTS, 1869-1874... 323-347 Correspondence between Dominion Ministers and the Colonial Office, 1869 . . 323 Negotiations between the Dominion and Ontario Governments, 1871-2 340 Provisional Conventional Boundaries of Ontario, 1874 347 XVH.— SUPPLEMENTARY MISCELLANEOUS DOCUMENTS 349-419 Documents relating to the Boundaries, and to the Indian Nations and French Posts of Canada, &c, 1671-1878 348-391 Ogilby on the Boundaries of Canada, Labrador, &c. , 1671 348 Estotiland, Nova Britannia, Terra Laboratoris, Corterealis 348 The taking possession of Hudson's Bay and of the Northern lands and seas, by Albaneland St. Simon, 1672 348-9 Vlll CONTENTS. Page. Traite de Tadoussac, 1672 349 Despatch from Comte De Frontenac, 2nd Nov., 1672 349 Answer of the Hudson's Bay Company, 1699, to a French memorial relating to Fort Bourbon, 1699 349-51 French answer to the Hudson's Bay Companys Deduction of right 351-4 Reply of the Hudson's Bay Company to the last mentioned French ans wer, 1699 354-8 Memorial of the Hudson's Bay Company, 171 9 358-9 Extracts from papers relating to the proceedings of the English and French Commissaries under the Treaty of Peace of Utrecht, 1719-20 360- 77 The Commissaries 360 Correspondence 360-4.366-7, 376-7 Instructions to Commissary Bladen 362-4 Boundaries claimed by the English Commissaries, 1719 365 Extracts from two memoirs of M. D'Auteuil respecting the limits of Hudson's Bay, 1719-20 368-9 Lamothe-Cadillac on the Limits, 1720 369-70 An Enghsh view of the boundaries of Canada, and of other matters of interest ; together with some account of the native inhabitants 370-2 Boundaries of Hudson's Bay, 1750-1755-1761 372 Extracts from the private instructions to M. de Vaudreuil, dated Versailles, April lst,1755 373-4 Grant at the Post a la Carpe, north of Lake.Nepigon, and extending to the shores of Hudson's Bay— Governor La Jonquiere to Sieur Simblin, 1751 375-6 Claims of Hudson's Bay Company, 1752-1755-1759. Whereby it is admitted that no limits had been settled up to 1759 376 Memorial of the Company referred to in Mr. Pitts letter 377-8 Memoir on the limits in 1755 378 Vaisette on the boundaries of Canada, 1755 378-9 Governor Pownall's account of the French Posts, and the French Domin ion in North America, 1756 379-83 Forts in Canada <380-l Establishments, posts, and settlements of Louisiana 381 Indians of the American Continent . 382-3 Jeffreys on the limits of Louisiana, 1761 383-4 account of the French posts of gthe West, 1761 383-4 The Right Honourable Edmund Burke on the Quebec Bill, 1774 384-7 The objects of the Quebec Bill, 1774 388 Order in Council, 24th Angust, 1791, for the division of the Province of Quebec into the Provinces of Upper and Lower Canada 388-9 411 Further boundary descriptions in English Commissions, 1794, 1838-9 . . 389-90 Bouchette on the boundaries of Upper Canada, 1815 390-1 Chief-Justice Draper on the meridian of the source of the Mississippi as a Western Boundary gg-^ Miscellaneous Papers 391-419 Commission of Sieur Talon to be Intendant of Canada, 1665 391-2 CONTENTS. IX Page. Circumstances attending the renewal of the Hudson's Bay Company's Char ter for seven years, 1690 .' 392 Joint opinion of the Attorney and Solicitor-General Sir Dudley Ryder, and Sir William Murray, on the Hudson's Bay Company's Charter, 1748 . . 393-5 Report of Committee appointed to inquire into the affairs of the Hud son's Bay Company, 1749. Extracts: 395 Extracts from the evidence of v\ itnesses 395-6 Extracts from the Appendix to the same Report 396-402 orders given by the Company to their Factors in anti cipation of an attack overland from Canada 397-9 Correspondence between the Company and their Agents as to their trade with the Interior 399-400 Stations of the Hudson's Bay Company; and the North West Company respectively at the period of their coalition 1820-1 401-2 The Hudson's Bay Company's statement as to their trade with the interior, priorto 1763 402-3 The British Columbia Act, 1866 403-4 The British North America Act (further extract) 404 The Rupert's Land Act, 1868 404 Imperial Order in Council respecting Rupert's Land and the North- West ern Territory. 1870 405-8 Act creating the District of Keewatin, (Kee-way-din) 1876 408-9 Licenses to Mine, &c. , granted by the Province of Canada, west of 88° 50 '. 409-11 Description of the Line of Division between the Provinces of Upper and Lower Canada referred to in the Order in Council of 24th August, 1791 (See the Order, p. 388) 411 Statement of the Chairman of the Hudson's Bay Company, and of the Agents of the Dominion and Ontario Governments, respectively, as to the result of researches made in England and France 412-19 Analysis of Lines for the Westerly and Northerly Boundaries of Ontario, and some combinations of certain of these lines 420-8 Westerly Boundary 420-3 Northerly Boundary 423-8 STATUTES, DOCUMENTS AND PAPERS, BEARING ON THE DISCUSSION RESPECTING THE NORTHERN AND WESTERN BOUNDARIES OF THE PKOVINCE OF ONTAEIO. I. Statutes* ACT CONFIRMING THE HUDSON'S BAY COMPANY'S CHARTER FOR SEVEN YEARS. 1690. , An Act for Confirming to the Governor and Company trading to Hudson's Bay their Privileges and Trading.* Forasmuch as his late Majesty King Charles the Second, by his Letters Patent or Charter under the Great Seal of England, bearing date the second day of May, in the two- and-twentieth year of his reign, reciting, or taking notice, that his then Highness Prince Rupert, Christopher Duke of Albemarle, William Earl of Craven, and divers other Lords therein particularly named had, at their own great costs and charges, undertaken an ex pedition to Hudson's Bay, in the north-west parts of America, for the discovery of a new passage into the South Seas, and for finding some trade for furs, minerals and other con siderable commodities, and that by such their undertaking they had made such discoveries whereby might probably arise mueh advantage to his said Majesty and this Kingdom ; for which, and for other reasons and motive's in the said Charter mentioned, his said late Majesty was graciously pleased thereby to incorporate, create and make the said Prince Rupert, Duke of Albemarle, Earl of Craven, and other the Lords and persons therein particularly named, and such others as should be admitted into the Society (as therein is mentioned), one body corporate and politic in deed and name, by the name of the Gover nor and Company of Adventurers of England trading into Hudson's Bay, and by that name to have perpetual succession, and to sue and be sued, take, purchase or grant ; and by the said Letters Patent or Charter of incorporation provision was made as well for the appointment and constitution of the first and present, as well as for the choosing, appoint ing and admitting of all future governors, deputy-governors, committees, members and officers of the said Company, and for the making of laws, constitutions and ordinances, and for the government of the said Company arid trade, and otherwise, and the sole trade and commerce of all the seas, straights, bays, lakes, rivers, creeks and sounds, in whatso ever latitude they shall he, that are within the entrance of the straights commonly called Hudson's Straights, together with all t\\e lands and the territories upon the countries, coasts and confines of the seas, bays, lakes, rivers, creeks and sounds aforesaid, which were * 2 William and Mary, Cap. 15, 1st Session (Private Acts). ACT CONFIRMING THE HUDSON'S BAY COMPANY'S CHARTER, 1690. not then actually possessed by or granted to any of his said late Majesty's subjects, or possessed by the subjects of any other Christian prince or state, with divers and sundry privileges, liberties, jurisdictions, franchises, powers and authorities to punish offenders, to sue for and recover penalties, with other powers and authorities, matters and things, in the said Letters Patent or Charter of incorporation mentioned and expressed, ,were there by granted to and invested in the same said Company and their successors for ever, in such sort, manner and form as in and by the said Charter or Letters Patent, or enrollment there of, is mentioned and expressed, and as thereby more fully appears : And forasmuch as the said Governor and Company, at their great charges and with much difficulty and hazard, have settled and made great improvements of the trade to the said seas, straights and places aforesaid, which as now and for several years past hath been found to be useful and profitable to this Kingdom, and the navigation thereof for furs, minerals and other con siderable commodities ; and it appearing that the said trade cannot be carried on or man aged so advantageously either to the honour or interest of this realm as in a company and with a joint stock, and it being necessary that such a Company should have sufficient and undoubted powers and authorities, privileges and liberties to manage, order and carry on the said trade, and to make by-laws, orders, rules and constitutions for the due manage ment and regulation as well of the said Company as trade, and for the punishment of offenders, and recovering of forfeitures and penalties, which cannot be so effectually done as by authority of Parliament : Be it therefore enacted, by the King aDd Queen's most excellent Majesties, by and with the advice and consent of the Lords Spiritual and Tem poral, and Commons, in this present Parliament assembled, and by the authority of the same, that the present Governor and Company of Adventurers of England trading into Hudson's Bay, and their successors, shall at all times from henceforth stand, continue and he a body politic and corporate in deed and name, by the name aforesaid, and according to the purport and effect of the said Letters Patent or Charter hereinbefore mentioned, and that the said Letters Patent or Charter hereinbefore mentioned, bearing date the said second day of May, in the two-and-twentieth year of the reign of his said late Majesty King Charles the Second, and all things therein contained, be, and by virtue of this present Act shall be from henceforth ratified, established and confirmed unto the pre sent Governor and Company of Adventurers of England trading into Hudson's Bay, and to their successors for ever, and also that the said Governor and Company and their suc cessors shall and may have, do, use, exercise and enjoy all and singular the liberties, privileges, powers, authorities, matters and things in the said Letters Patent or Charter mentioned to be granted to them, and also that the said Letters Patent or Charter, and all and every the liberties, franchises, immunities, privileges, jurisdictions, powers, royalties, hereditaments, matters and things whatsoever, and of what nature and kind soever there by given, granted or demitted, or mentioned to be given, granted or demitted to the said Prince Rupert, Duke of Albemarle, Earl of Craven and other the Lords and persons therein particularly named, and thereby incorporated, and to the Governor and Company thereby created, made or erected, and to their successors, and to all governors, deputy- governors, committees and other members, officers and servants, of or upon the said Gov ernor and Company for the time being, and their successors, or otherwise howsoever with and under such restraints and prohibitions, and subject and liable to such forfeitures and remedies for recovering thereof, as in the said Charter are contained, shall from henceforth be good and effectual, and available in the law, and to all intents, construc tions and purposes to the aforesaid new Governor and Company, and their successors for evermore, and shall and may be by the new Governor and Company and their successors from time to time for ever hereafter holden and enjoyed, and put in execution after and according to the form, words, sentences, purport, effect, and true meaning of the said Letters Patent or Charter, and that as amply, fully and largely, to all intents, constructions and purposes, as if the same Letters Patent or Charter, and the general matters and thipgs therein mentioned, and thereby granted or mentioned to be granted, were word for word recited and set down at large in this present Act of Parliament, any law, statute, usa»e custom or other matter or thing to the contrary notwithstanding. Provided always and be it further enacted, by the authority aforesaid, that the said Governor and Company shall make at least two public sales of coat beaver in every year, and not exceeding four and that they shall proportion the same into lots each of about 100?. stg., but not exceed- THE QUEBEC ACT, 1774. ing 200?. value ; and that in the intervals of public sales the said Company may not sell coat beaver by private contract, and at any lower price than it was set up at the last pub lic sale, and that the coat beaver now in the Company's hands shall be liable to the same rules. Provided always, that this Act shall continue and be in force for the time of seven years, and from thepce to the end of the next Session of Parliament and no longer. i THE QUEBEC ACT, 1774. An Act for making more effectual provision for the Government of the Pro vince of Quebec in North America.* Whereas His Majesty, by His Royal Proclamation, bearing date the Seventh day of October, in the third year of his Reign, thought fit to declare the provisions which have 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 arrange ments made by the said Royal Proclamation,, a very large extent of country, within which there were several colonies and settlements ofthe 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 ; and certain parts ofthe territory of Canada, where sedentary fisheries had been established and carried on by the subjects of France, inhabitants of the said Province of Canada, under grants and concessions from the govern ment thereof, were annexed to the government of Newfoundland, and thereby subjected to regulations inconsistent with the nature of such fisheries : May it therefore please Your Most Excellent Majesty, that it may be enacted, and be it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Tempo ral, and Commons, in this present Parliament assembled, and by the authority of the same, 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 St. Lawrence from those which fall into the sea, to a point in forty-five degrees northern latitude, on the eastern bank of the River Connecticut, keeping the same latitude directly west, through the Lake Champlain, until, in the same latitude, it meets the River St. 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, following the said bank until the same shall be intersected by the northern .boundary granted by the charter of the Province of Pennsylvania, in case the same shall be so intersected ; and from thence along the said northern and western boundaries of the said Province, until the said west ern 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 Province of Pennsylvania ; and thence, by a right line, to the said north-western angle of the said Province ; and thence along the western boundary ofthe said Province until it strike the River Ohio ; and along the bank of the said river, westward, to the banks of the Missis sippi, and northward to the southern boundary of the territory granted to the Merchants Adventurers of England, trading to Hudson's Bay ; and also all such territories, islands, and countries, which have, since the tenth day of February, one thousand seven hun dred 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 day of October, one thousand seven hundred and sixty-three. [Other sections omitted as not affecting the question.] * 14 Geo. III., Cap. 83. THE CONSTITUTIONAL ACT, 1791. THE CONSTITUTIONAL ACT, 1791. An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's reign, entitled, an Act for making more effectual provision for the government of the Province of Quebec, in North America ; and to make further provision for the government of the said province.* Whereas an Act was passed in the fourteenth year of the reign of his present Majesty, entitled " An Act for making more effectual provision for the government of the Province of Quebec, in North America : " and whereas the said Act is in many respects inapplicable to the present condition and circumstances of the said Province : and whereas it is ex pedient and necessary that further provision should now be made for the good government and prosperity thereof : may it therefore please your most excellent Majesty that it may be enacted ; and be it enacted by the King's most excellent Majesty, by aDd with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this -present Par liament assembled and by the authority of the same, that so much ofthe said Act as in any manner relates to the appointment of a Council for the affairs of the said Province of Quebec, or to the power given by the said Act to the said Council, or to the major part of them, to make ordinances for the peace, welfare, and good government of the said Pro vince, with the consent of his Majesty's Governor, Lieutenant-Governor, or Commander- in-chief for the time being, shall be and the same is hereby reheale'd. II. And whereas his Majesty has been pleased to signify, by his message to both Houses of Parliament, his royal intention to divide his Province of Quebec into two separate Provinces, to be called the Province of Upper Canada, and the Province of Lower Canada ; be it enacted by the authority aforesaid, that there shall be within each of the said Provinces respectively, a Legislative Council, and an Assembly, to be severally com posed and constituted in the manner hereinafter described ; and that in each of the said Provinces respectively, his Majesty, his heirs or successors, shall have power, during the continuance of this Act, by and with the advice and consent of the Legislative Council and Assembly of such Provinces respectively, to make laws for the peace, welfare, and good government thereof, such laws not being repugnant to this Act ; and that all such laws, being passed by the Legislative Council and Assembly of either of the said Provinces respectively, and assented to by his Majesty, his heirs or successors, or assented to in his Majesty's name, by such person as his Majesty, his heirs or successors, shall from time to time appoint to be the Governor, or Lieutenant-Governor of such Province, or by such person as his Majesty, his heirs or successors, shall from time to time appoint to administer the government within the same, shall be, and the same are hereby declared to be, by virtue of and under the authority of this Act, valid and binding to all intents and purposes whatever, within the Province in which the same shall have been so passed. [The other sections omitted as not affecting the question.] AN ACT for Extending the Jurisdiction of the Courts of Justice, in the Provinces of Lower and Upper Canada, to the Trial and Punishment of Persons Guilty of Crimes and Offences within Certain Parts of North America adjoining to the said provinces, t Whereas crimes and offences have been committed in the Indian Territories and other parts of America, not within the limits of the Provinces of Lower ,or Upper Canada, or either of them, or of the jurisdiction of any of the Courts established in those Provinces, or within the limits of any Civil Government of the United States of * 31 George III., Cap. 31. t 43 Geo. III., Cap. 138. 11th August, 1803. ACT EXTENDING THE JURISDICTION OF THE CANADIAN COURTS, 1803. America, and are therefore not cognizable by any jurisdiction whatever, and by reason thereof great crimes and offences have gone and may hereafter go unpunished, and greatly increase: For remedy whereof, may it please your Majesty that it may be enacted, and be it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parlia ment assembled, and by the authority of the same, That from and after the passing of this Act, all offences committed within any of the Indian Territories, or parts of America not within the limits of either of the said Provinces of Lower or Upper Canada, or of any Civil Government of the United States of America, shall be and be deemed to he offences of the same nature, and shall be tried in the same manner and subject to the same punishment, as if the same had been committed within the Provinces of Lower or Upper Canada. II. And be it further enacted, that it shall be lawful for the Governor or Lieuten ant-Governor, or person administering the Government . for the time being of the Pro vince of Lower Canada, by Commission under his Hand and Seal, to authorize and em power any person or persons, wheresoever resident or being at the time, to act as Civil Magistrates and Justices of the Peace for any of the Indian Territories or parts of America not within the limits of either of the said Provinces or of any Civil Government of the United States of America, as well as within the limits of either of the said Provinces, either upon information taken or given within the said Provinces of Lower or Upper Canada, or out of the said Provinces in any part of the Indian Territories or parts of America aforesaid, for the purpose only of hearing crimes and offences, and committing any person or persons guilty of any crime or offence to safe custody, in order to his or their being conveyed to the said Province of Lower Canada, to be dealt with according to Law ; and it shall he lawful for any person or persons whatever to apprehend and take before apy persons so commissioned as aforesaid, or to apprehend and convey, or cause to be conveyed with all convenient speed, to the Province of Lower Canada, any person or persons guilty of any crime or offence, there to be delivered into safe custody for the purpose of being dealt with according to Law. III. And be it further enacted, that every such offender may and shall be prosecuted and tried in the Courts of the Province of Lower Canada (or if the Governor or Lieuten ant Governor, or person administering the Government for the time being, shall, from any of the circumstances of the crime or offence, or the local situation of any of the wit nesses for the prosecution or defence, think that justice may more conveniently be administered in relation to such crime or offence in the Province of Upper Canada, and shall by any Instrument under the Great Seal of the Province of Lower Canada, declare the same, then that every such offender may and shall be prosecuted and tried in the Court of the Province of Upper Canada), in which crimes or offences of the like nature are usually tried, and where the same would have been tried if such crime or offence had been committed within the limits of the Province where the same shall be tried under this Act ; and every offender tried and convicted under this Act shall be liable and sub ject to such punishment as may by anyiLaw, in force in the Province where he or she shall be tried, be 'inflicted for such crime or offence ; and such crime and offence may and shall be laid and charged to have been committed within the jurisdiction of such Court, and such Court may and shall proceed to trial, judgment, and execution, or other pun ishment for such crime or offence in the same manner in every respect as if such crime or offence had been really committed within the jurisdiction of such Court; and it shall also be lawful for the Judges and other Officers of the said Courts to issue subpoenas and other processes for enforcing the attendance of witnesses on any such trial ; and such subpoenas and other processes shall be as valid and effectual, and be in full force and put in execution on any parts of the Indian Territories, or other parts of America out of and not within the limits of the Civil Government of the United States of America, as well as within the limits of either of the said Provinces of Lower or Upper Canada, in relation to the trial of any crimes or offences by this Act made cognizable in such Couft, or to the more speedily and effectually bringing any offender or offenders to justice under this Act, as fully and amply as any subpoenas or other pro cesses are within the limits of the jurisdiction of the Court, from which any such sub- ACT REGULATING THE FUR TRADE, ETC., 1821. pcenas or processes shall issue as aforesaid ; any Act or Acts, Law or Laws, custom, usage, matter or thing to the contrary notwithstanding. IV. Provided, always, and be it further enacted, that if any crime or offence charged and prosecuted under this Act shall be proved to have been committed by any person or persons, not being a subject or subjects of His Majesty, also within the limits of any colony, settlement, or territory belonging to any European State, the Court before which such prosecution shall be had shall forthwith acquit such person or persons not being such subject or subjects as aforesaid of such charge. V. Provided nevertheless, that it shall and may be lawful for such court to pro ceed in the trial of any person, being a subject or subjects of His Majesty, who shall be charged with the same or any other offence, notwithstanding such offence shall appear to have been committed within the limits of any colony, settlement or territory belong ing to any European State as aforesaid. AN ACT for Regulating the Fur Trade, and Establishing a Criminal and Civil Jurisdiction within Certain Parts of North America.* Whereas the competition in the Fur Trade between the Governor and Company of Adventurers of England trading to Hudson's Bay, and certain associations of persons trading under the name of " The North-West Company of Montreal," has been found for some years past to be productive of great inconvenience and loss, not only to the said Company and Associations but to the said trade in general, and also of great injury to the native Indians, and of other persons subjects of His Majesty : And whereas the animosi ties and feuds, arising from such competition, have also for some years past kept the in terior of America, to the northward and westward of the Provinces of Upper and Lower Canada, and of the territories of the United States of America, in a state of continued disturbance : And whereas many breaches of the Peace, and violence extending to the loss of lives, and considerable destruction of property, have continually occurred therein: And whereas for remedy of such evils, it is expedient and necessary that some more effectual regulations should be established for the apprehending, securing, and bringing to justice all persons committing such offences, and that His Majesty should be empowered to regulate the said trade : And whereas doubts have been entertained whether the pro visions of an Act past in the forty-third year of the Reign of His late Majesty King George the Third, intituled " An Act for extending the Jurisdiction of the Courts of Justice in the Provinces of Lower and Upper Canada, to the trial and punishment of persons guilty of crimes and offences within certain parts of North America adjoining to the said Provinces," extended to the territories granted by Charter to the said Governor and Company; and it is expedient that such doubts should be removed, and that the said Act should be further extended : Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that from and after -the passing of this Act, it shall be lawful for His Majesty, his heirs or successors, to make Grants or give His Royal License, under the hand and seal of one of His Majesty's Principal Secretaries of State, to any body corporate, or company, or per son or persons, of or for the exclusive privilege of trading with the Indiaus in all such parts of North America as shall be specified in any such Grants or Licenses respectively, not being part of the lands or territories heretofore granted to the said Governor and Company of Adventurers of England trading to Hudson's Bay, and not being part of any of His Majesty's Provinces in North America, or of any lands or territories belonging to the United States of America ; and all such Grants and Licenses shaU be good, valid and effectual for the purpose of securing to all such bodies corporate or companies, or per- * 1-2 Geo. IV., Cap. 66. 2nd July, 1821. ACT REGULATING THE FUR TRADE, ETC., 1821. sons, the sole and exclusive privilege of trading with the Indians in all such parts of North America (except as hereinafter excepted) as shall be specified in such Grants or Licenses ; anything contained in any Act or Acts of Parliament, or any law to the con trary notwithstanding. II. Provided always, and be it further enacted, that no such Grant or License, made or given by His Majesty, his heirs or successors, of any such exclusive privileges of trad ing with the Indians in such parts of North America as aforesaid, shall be made or given for any longer period than twenty-one years ; and no rent shall be required or demanded for or in respect of any such Grant or License, or any privileges given thereby under the provisions of this Act, for the first period of twenty-one years ; and from and after the expiration of such first period of twenty-one years, it shall be lawful for His Majesty, his heirs or successors, to reserve such rents in any future Grants or Licenses to be made to the same or any other parties, as shall be deemed just and reasonable, with security for the payment thereof ; and such rents shall be deemed part of the land revenues of His Majesty, his heirs and successors, and be applied and accounted for as the other land revenues of His Majesty, his heirs or successors, shall, atthe time of payment of any such rent being made, he applied and accounted for. III. And be it further enacted, that from and after the passing of this Act, the Governor and Company of Adventurers trading to Hudson's Bay, and every body cor porate and company and person to whom every such Grant or License shall be made or given as aforesaid, shall respectively keep accurate registers of all persons in their employ in any parts of North America, and shall, once in each year, return to His Majesty's Secre taries of State, accurate duplicates of such registers, and shall also enter into such secu rity as shall be required" by His Majesty for the due execution of all processes, criminal and civil, as well within the territories included in any such grant as within those granted by Charter to the Governor and Company of Adventurers trading to Hudson's Bay, and for the producing or delivering into safe custody, for purpose of trial, of all persons in their employ or acting under their authority, who shall be charged with any criminal offence, and also for the due and faithful observance of all such rules, regulations, and stipulations as shall be contained in any such Grant or License, either for diminishing or preventing the sale or, distribution of spirituous liquors to the Indians, or for promoting their moral and religious improvement, or for any other object which His Majesty may deem necessary for the remedy or preventions of the other evils which have hitherto been found to exist. IV. And whereas by a Convention entered into between His Majesty and the United States of America, it was stipulated and agreed, that any country on the north-west coast of America, to the westward of the Stony Mountains, should be free and open to the citizens and subjects of the two Powers, for the term of ten years from the date of the signature of that Convention ; be it therefore enacted, that nothing in this Act contained shall be deemed or construed to authorize any body corporate, company, or person, to whom His Majesty may have, under the provisions of this Act, made a Grant or given a License of exclusive trade with the Indians in such parts of North America as aforesaid, to claim or exercise any such exclusive trade within the limits specified in the said Article, to the prejudice or exclusion of any citizens of the said United States of America, who may be engaged in the said trade : Provided always, that no British subject shall trade with the Indians within such limits, without such Grant or License as is by this Act required. V. And be it declared and enacted, that the said Act passed in the forty-third year ofthe reign of His late Majesty, intituled " An Act for extending the Jurisdiction of the Courts of Justices in the Provinces of Lower and Upper Canada, to the Trial and Punishment of persons guilty of crimes and offences within certain parts in North America, adjoining to the said Provinces," and all the clauses and provisoes therein contained, shall be deemed and construed, and it is and are hereby respectively declared, to extend to and over and to be in full force in and through all the territories heretofore granted to the Company of Adventurers of England trading to Hudson's Bay ; anything in any Act or Acts of Parliament or this Act or in any grant or Charter to the Company, to the ¦contrary notwithstanding.' VI. And be it further enacted, that from and after the passing of this Act, the ACT REGULATING THE FUR TRADE, ETC., 1821. Courts of judicature now existing, or whjch may be hereafter established in the Province of Upper Canada, shall have the same civil jurisdiction, power and authority, as well in the cognizance of suits as in the issuing process, mesne, and final, and in all other respects whatsoever, within the said Indian Territories and other parts of America not within the limits of either of the Provinces of Lower or Upper Canada, or of any civil government of the United States, as the said Courts have or are invested with within the limits of the said Provinces of Lower or Upper Canada respectively ; and that all and every contract, agreement, debt, liability, and demand whatsoever, made, entered into, incurred or aris ing within the said Indian Territories and other parts of America, and all and every wrong and injury to the person or to the property, real or personal, committed or done- within the same, shall be and be deemed to be of the same nature, and be cognizable by the same Courts, Magistrates, or Justices of the Peace, and be tried in the same manner and subject to the same consequences in all respects as if the same had been made, entered into, incurred, arisen, committed or done within the said Province of Upper Canada, anything in any Act or Acts of Parliament, or Grant, or Charter, to the contrary not withstanding : Provided always, that all such suits and actions relating to lands or to any claims in respect to lands not being within the Province of Upper Canada, shall be de cided according to the laws of that part of the United Kingdom called England, and shall not be subject to or affected by any local Acts, Statutes, or Laws of the Legislature df Upper Canada. VII. And be it further enacted, that all process, writs, orders, judgments, decrees, and acts whatsoever, to be issued, made, delivered, given and done by or under the authority of the said Courts, or either of them, shall have the same force, authority, and effect within the said Indian Territory and other parts of America as aforesaid, as the same now have within the said Province of Upper Canada. VIII. And be it further enacted, that it shall be lawful for the Governor or Lieu tenant-Governor or perso'n administering the Government for the time being of Lower- Canada, by Commission under his Hand and Seal, to authorise all persons who shall be appointed Justices of the Peace under the provisions of this Act, within the said Indian Territories, or other parts of America as aforesaid, or any other person who shall be spe cially named in any such Commission, to act as a Commissioner within the same, for the purpose of executing, enforcing and carrying into effect all such process, writs, orders, judgments, decrees and acts which shall be issued, made, delivered, given or done by the said Courts of judicature, and which may require to be enforced and executed within the- said Indian Territories, or such other parts of North America as aforesaid ; and in case , any person or persons whatsoever, residing or being within the said Indian Territories, or such other parts of America as aforesaid, shall refuse to obey or perform any such process, writ, order, judgment, decree,- or act of the said Courts, or shall resist or oppose the execu tion thereof, it shall and may be lawful for the said Justices of the Peace or Commissioners, and they or any of them are, and is hereby required, on the same being proved before him, by the oath or affidavit of one credible witness, to commit the said person or persons so offending as aforesaid, to custody, in order to his or their being conveyed to Upper Canada ; and that it shall be lawful for any such Justice of the Peace or Commissioner, or any person or persons acting under his authority, to convey or cause to be conveyed such person or persons so offending as aforesaid, to Upper Canada, in pursuance of such pro cess, writ, order, decree, judgment or act, and such person or persons shall be committed to gaol by the said Court, on his, her, or their being so brought into the said Province of Upper Canada, by which such process, writ, order, decree, judgment or act was issued, made, delivered, given or done, until a final judgment or decree shall have been pronounced in such suit, and shall have been duly performed, and all costs paid, in case such person or persons shall be a party or parties in such suit, or until the trial of such suit shall have been concluded, in case such person or persons shall be a witness or witnesses therein ; Provided always, that if any person or persons so apprehended as aforesaid, shall enter into a bond recognizance to any such Justice of the Peace or Cpmmissioner, with two sufficient sureties, to the satisfaction of such Justice of the Peace or Commissioner, or the said Courts, conditioned to obey and perform such process, writ, order, judgment, decree, or act as aforesaid, then, and in such case, it shall and may be lawful for the said Justice ACT REGULATING THE FUR TRADE, ETC., 1821. of the Peace or Commissioner, or the said Courts, to discharge such person or persons out of custody. IX. And be it further enacted, that in case such person or persons shall not perform and fulfil the condition or conditions of such recognizance, then, and in such case it shall and may be lawful for any such Justice or Commissioner, and he is hereby required to assign such recognizance to the plaintiff or plaintiffs, in any suit in which such process writ, order, decree, judgment, or act shall have been issued, made, delivere'd, given, or done, who may maintain an action in the said Courts, in his own name, against the said sureties, and recover against such sureties the full amount of such loss or damage as such plaintiff shall prove to have been sustained by him, by reason of the original cause of action in respect of which such process, writ, order, decree, judgment, or act of the said Courts were issued, made, delivered, given, or done as aforesaid, notwithstanding anything con tained in any Charter granted to the ,said Governor and Company of Adventurers of Eng land trading to Hudson's Bay. X. And be it further enacted, that it shall be lawful for His Majesty, if he shall deem it convenient so to do, to issue a Commission or Commissions to any person or persons to be and act as Justices of the Peace, within such parts of America as aforesaid, as well within any territories heretofore granted to the Company of Adventurers of England trading to Hudson's Bay, as within the Indian Territories of such other parts of America as aforesaid, and it shall be lawful for the Court in the Province of Upper Canada, in any case in which it shall appear expedient, to have any evidence taken by Commission, or any facts or issue, or any cause or suit ascertained, to issue a Commission to any three or more of such Justices to take such evidence, and return the same, or try such issue, and for that purpose to hold Courts, and to issue subpoenas or other processes to compel attendance of plaintiffs, defendants, jurors, witnesses, and all other persons requisite and essential to the execution of the several purposes for which such Commission or Com missions had issued, and with the like power and authority as are vested in the Courts of the said Province of Upper Canada ; and any order, verdict, judgment, or decree, that shall be made, found, declared, or published by or before any Court or Courts held under and by virtue of such Commission or Commissions, shall be considered to be of -as full" effect, and enforced in like manner, as if the same had been made, found, declared, or pub lished within the jurisdiction of the Court of the said Province, and at the time of issuing such Commission or Commissions shall be declared the place or places where such Com mission is to be opened, and the Courts and proceedings thereunder held ; and it shall be at the same time provided how and by what means the expenses of 3uch Commission, and the execution thereof shall be raised and provided for. XI. And be it further enacted that it shall be lawful for His Majesty, notwithstand ing anything, contained in this Act, or in any Charter granted to the said Governor and Company of Adventurers of England trading to Hudson's Bay, from time to time by any Commission under the Great Seal, to authorise and empower any such persons so appointed Justices of the Peace as aforesaid, to sit and hold Courts of Records for the trial of crimi nal offences and misdemeanors, and also for civil causes ; and it shall be lawful for His Majesty to order, direct and authorise the appointment of proper officers to act in aid of such Courts and justices within the jurisdiction assigned to such Courts and Justices in any such Commission ; anything in this .Act or in any Charter of the Governor and Company of the Merchant Adventurers of England trading to Hudson's Bay, to the con trary notwithstanding. XII. Provided always, and be it further enacted, that such Courts shall be consti tuted, as to the number of Justices to preside therein', and as to such places within the said territories of the said Company, or any Indian territories or other parts of North America as aforesaid, and the times and manner of holding the same, as His Majesty shall from time to time order and direct ; but shall not try any offender upon any charge or indictment for any felony made the subject of capital punishment, or for any offence or passing sentence affecting the life of any offender, or adjudge or cause any offender to- suffer capital punishment or transportation, or take cognizance or try any civil action or suit, in which the cause of such suit or action shall exceed in value the amount or sum of tw« hundred pounds ; and in every case of any offence subjecting the person committing the same to capital punishment or transportation, the Court or any Judge of any such 10 THE UNION ACT, 1840, AND THE BRITISH NORTH AMERICA ACT, 1867. Court, or any Justice or Justices of the Peace, before whom any such offender shall be brought, shall commit such offender to safe custody, and cause such offender to be sent in such custody for trial in the Court of the Province of Upper Canada. XIII. And be it further enacted, that all judgments given in any civil suit shall be subject to appeal to His Majesty in Council, in like manner as in other cases in His Ma jesty's Province of Upper Canada, and also in any case in which the right or title to any land shall be in question. XIV. And be it further enacted, that nothing in this Act contained shall be taken or construed to affect any right, privilege, authority or jurisdiction, which the Governor and Company of Adventurers trading to Hudson's Bay are by law entitled to claim and exer cise under their Charter, but that all such rights, privileges, authorities and jurisdictions shall remain in as full force, virtue and effect, as if this Act had never been made ; any thing in this Act to the contrary notwithstanding. THE UNION ACT, 1840. An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada.* Whereas it is necessary that provision be made for the good Government of the Provinces of Upper Canada and Lower Canada, in such manner as may secure the right and liberties and promote the interests of all classes of Her Majesty's subjects within the same ; And whereas to this end it is expedient that the said Provinces be re-united and form one Province for the purposes of Executive Government and legislation ; Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords, Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That it shall be lawful for Her Majesty, with the ad vice of Her Privy Council, to declare, or to authorize the Governor-General of the two Provinces of Upper and Lower Canada to declare, by Proclamation, that the said Pro vinces, upon, from, and after a certain day in such Proclamation to be appointed, which day shall be within fifteen calendar months next after the passing of this Act, shall form and be one Province, under the name of the Province of Canada, and thenceforth the said Provinces shall constitute and be one Province, under the name aforesaid, upon, from, and after the day so appointed as aforesaid. [The other sections omitted as not affecting the question.] THE BRITISH NORTH AMERICA ACT, 1867. An Act for the Union of Canada, Nova Scotia, and New Brunswick, and the Government thereof ; and for purposes connected therewith.-!" Whereas the Provinces of Canada, Nova Scotia and New Brunswick have expressed their desire to be federally united into One Dominion under the Crown of the United Kingdom of Great Britain and Ireland, with a Constitution similar in principle to that of the United Kingdom : And whereas such a Union would conduce to the welfare of the Provinces and promote the interests of tbe British Empire : And whereas on the establishment of the Union by authority of Parliament it is expe dient, not only that the Constitution of the Legislative Authority in the Dominion be pro vided for, but also that the nature of the Exeoutive Government therein be declared : * Imperial Act, 3-4 Vic. Cap. 35. f 30 Vio. Cap. 3, Maroh 29th. TREATY OF ST. GERMAIN, 1632. 11 And whereas it is expedient that provision be made for the eventual admission into the Union of other Parts of British North America : Be it therefore enacted and declared by the Queen's Most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : I. — This Act may be cited as "The British North America Act, 1867." II.— The provisions of this Act referring to Her Majesty the Queen extend also to the heirs and successors of Her Majesty, Kings and Queens of the United Kingdom of Great Britain and Ireland. III. It shall be lawful for the Queen by and with the Advice of Her Majesty's Most Honourable Privy Counoil, to declare by Proclamation that, on and after a day therein appointed, not being more than six months after the passing of this Act, the Provinces of Canada, Nova Scotia and New Brunswick, shall form and he One Dominion under the name of Canada ; and on and after that day those three Provinces shall form and be One Domi nion under that name accordingly. IV. The" subsequent provisions of this Act shall, unless it is otherwise expressed or im plied, commence and have effect on and after the Union, that is to say, on and after the day appointed for the Union taking effect in the Queen's Proclamation ; and in the same provisions, unless it is otherwise expressed or implied, the name Canada shall be taken to mean Canada as constituted under this Act. V. Canada shall be divided into four Provinces, named Ontario, Quebec, Nova Scotia, and Nrw Brunswick. VI. The parts of the Province of Canada (as it exists at the passing of this Act) which formerly constituted respectively the Provinces of Upper Canada and Lower Canada shall be deemed to be severed, and shall form Two separate Provinces. The part which formerly constituted the Province of Upper Canada shall constitute the Province of Ontario ; and the part which formerly constituted the Province of Lower Canada shall constitute" the Province of Quebec. [The remaining sections omitted as not affecting the question.] II. Create, danbrntxanSt $t. TREATY OF ST. GERMAIN, 1632. Treaty Between Louis XIII, King of France, and Charles I., King of England made at St. Germain-en-Laye, the 29th of March, 1632. (Extract.) III. On the part of the King of Great Britain, the said Ambassador,* in virtue of the powers with which he is vested, and which shall be inserted at the end of these pre sents, has promised and promises in the name of his said Majesty to give up and restore (rendre et restituer) all the places occupied in New France, Acadia, and Canada, by the subjects of the King of Great Britain, by whom these places shall be restored ; and to this end the said Arhbassador shall deliver at the time of the signature of these presents to the Commissioners of His Most Christian Majesty, in due form, the authority which he re ceived from the King of Great Britain for the restitution of the said places, together with the orders of his said Majesty to all those who had command in Fort Royal, the * Sir Isaac Wake. 12 TREATY OF BREDA, 1667, AND TREATY OF NIMEGUEN, 1678. Fort of Quebec and Cape Breton, for the restoration of the said places and forts to be given up-into the hands of those whom it may please His Most Christian Majesty to appoint, eight days after these orders shall have been notified to those who command or may then command ; the said time of eight days being given to them to remove from those places and forts their arms, baggage, merchandise or money, utensils, and generally everything that belongs to them ; to whom and to all who are in the said places, the term of three weeks, after the expiration ofthe eight days, is given, that they may during that time, or sooner if possible, retire to their vessels with their arms, munitions, baggage or money, utensils, merchandise, furs, and generally everything that belongs to them, for the purpose of going thence to England without remaining longer in the said countries. And as it is necessary for the English to send to those places to fetch their people and take them back to England, it is agreed that General de Caen shall pay the necessary expenses of equip ping a vessel of two hundred tons, or two hundred and fifty tons' burthen, which the Eng lish shall send to those places ; that is to say, the cost of chartering a vessel for the pas sage to and fro, the provisions of the sailors who work the vessel as well as of those who being on land are to be taken away, the wages of the men, and generally all that is neces sary for the equipage of a vessel of the said tonnage for such a voyage, according to the usages and customs of England ; and besides for the merchandise remaining unsold in the hands of the English, satisfaction shall be given, according to the cost in England, with thirty per cent, of profit, in consideration of the risk of the sea and port charges. TREATY OF BREDA, 1667. (Extract.) Art. X. The before mentioned seigneur, King of -Great Britain, shall restore and give up to the above-named seigneur, the Most Christian King, or to those who shall be charged and authorised on his part,- sealed in proper form with the Great Seal of France, the coun try called Acadia, situated in North America, of which the Most Christian King was pre viously in enjoyment. TREATY OF NIMEGUEN', 1678. Articles of Peace between the Emperor and the French King, Concluded and signed at nlmeguen, the 3rd of december, 1678. (Extract.) Their Imperial and Most Christian Majesties, retaining a grateful sense of the offices and continual endeavours the Most Serene King of Great Britain hath used to restore a general peace and public tranquillity, it is mutually agreed between the parties that he with his kingdom be included in this treaty, after the best and most effectual manner that may be. Art I. That there be a Christian, universal, true' and sincere peace and friendship between their Imperial and MostJChristian Majesties, their heirs and successors, kingdoms and provinces, as also between all and every the confederates of his said Imperial Majesty, more particularly the electors, princes and states of the empire, comprehended in this peace, their heirs and successors on the one part, and all and every of the confederates of his said Most Christian Majesty, comprehended in this peace, their heirs and successors on the other ; which said peace and friendship shall be so sincerely observed and improved that each party shall promote the honour, advantage, and interest of the other. And there shall be so perpetual an oblivion and amnesty of all hostilities committed on each side since the beginning of the present troubles, that neither party shall, upon that or any other account or pretence, give or cause to be given hereafter to the other any trouble, directly or indirectly, Under colour of law or way of fact, within or without the empire. TREATY OF NEUTRALITY, 1686. 13 any formal agreement to the contrary notwithstanding ; but all and every the injuries violences, hostilities, damages and charges sustained on each side by words, writing or deeds, shall without respect of persons or things be so entirely abolished that whatsoever may upon that account be pretended against the other, shall be buried in perpetual oblivion. TREATY OF NEUTRALITY, 1686. Between Louis XIV, King of France and James II., King of England. Con cluded at London, the 16th of November, 1686. (Extract.) It has been concluded and agreed that from the day of the present Treaty there shall be between the English and French nations a firm peace, union, concord, and good cor respondence as well by sea as land in North and South America, and in the isles, colonies, forts and towns, without exception in the territories of his Most Christian Majesty, and of his Britannic Majesty, and governed by the Commandants of their said Majesties re spectively. II. That no vessel or boat, large or small, belonging to his Most Christian Majesty shall be equipped or employed in the said isles, colonies, fortresses, towns and govern ments of his said Majesty, for the purpose of attacking the subjects of his Britannic Majesty, in the isles, colonies, fortresses, towns and governments of his said Majesty, or doing there any harm or damage. And in this manner, likewise, that no vessel or boat, great or small, belonging to the subjects of his Britannic Majesty shall be equipped or em ployed in the isles, colonies, fortresses, towns and governments of his said Majesty, for the purpose of attacking the subjects of his Most Christian Majesty in the isles, colonies, fortresses, towns and governments of his said Majesty, or to do them any injury or damage. III. That no soldiers, or men-at-arms, or any other persons whatsoever, residing or living in the said isles, towns, or governments of his Most Christian Majesty, or come there from Europe in garrison, shall exercise any act of hostility, or do any injury or damage directly or indirectly, to the subjects of his Britannic Majesty in the said isles, colonies, fortresses, towns and governments of his said Majesty ; or lend or give any aid or assistance in men or provisions to savages against whom his Britannic Majesty shall be at war,. And in like manner, no soldiers or men-at-arms, or any other persons whatsoever, residing or being in the said isles, colonies, fortresses, towns and governments of his said Britannic Majesty, or come there from Europe in garrison, shall exercise any act of hostility or do any injury or damage to subjects of his Most Christian Majesty in the said isles, colonies, fortresses, towns and governments of his Majesty ; or lend or give any aid or assistance, in men or provisions, to savages with whom his Most Christian Majesty shall be at war. IV. It has been agreed that each of the said kings shall have and hold the domains, rights and preeminences in the seas, straits, and other waters of America, and in the same extent which of right belongs to them, and in the same way they enjoy them at present. V. And therefore the subjects, inhabitants, merchants, commanders of ships, masters and mariners of the kingdoms, provinces and dominions of each king respectively shall abstain and forbear to trade and fish in all the places possessed or which shall be possessed by one or the other party in America, viz. : the King of Great Britain's subjects shall not drive their trade and commerce, nor fish in the harbours, bays, creeks, roads, shoals, or places which the Most Christian King holds or shall hereafter hold in America : And in like manner, the Most Christian King's subjects shall not drive their commerce and trade, 14 TREATY OF NEUTRALITY, 1686. nor fish in the waters, bays, creeks, roads, shoals or places which the King of Great Britain possesses or shall hereafter possess in America. And if any ship or vessel shall be found trading or fishing contrary to the tenor of this Treaty, the said ship or vessel, with its lading, proof being given thereof, shall be confiscated ; nevertheless, the party who shall find himself aggrieved ,by such sentence or confiscation, shall have liberty to apply himself to the Privy Council of the King, by whose governors or judges the sentence has been given against him. But it is always to be understood that the liberty of navigation ought in no manner to be disturbed, where nothing is committed against the genuine sense of this Treaty. * * * XI. The commandants, officers, subjects of either of the two kings, shall not molest the subjects of the other king in the establishment of their colonies respectively, or in their commerce and navigation. XII. For the greater security of the subjects of his Most Christian Majesty as well as those of his Britannic Majesty, and to prevent vessels of war, or other vessels owned by private persons, doing injury or damage, all captains of vessels, as well of his Most Chris tian Majesty as those of his Britannic Majesty, and all their subjects who equip vessels at their own expense, also persons in the enjoyment of privileges, and companies, shall be forbidden to do any injury or damage to those of the other nation, on pain of being pun ished in case of contravention, and be liable for all damages, either by the seizure of their goods or the imprisonment of their persons. [By Art. XIII all captains of war vessels, armed at the expense of private persons, were hereafter to give bonds in the sum of £1,000 stg., or 13,000 livres, and when the number of men is more than 150, in £2,000 stg., or 26,000 livres, that they would make good all damages which they or their officers might cause in the course of their navigation against the present treaty.] [By Art. XIV the governors and officers of the two King were to discountenance all pirates ; not giving them any aid nor allowing them to take shelter in their ports re spectively ; " and that the said governors and officers should be expressly ordered to pun ish as pirates all those who might be found to have armed one or more vessels sailing without commission or legitimate authority."] [Art. XV made the taking by the subject of either king, of any commission in the army of a sovereign at war with the other, piracy.] [Art. XVII. If disputes arise between the subjects of the two Crowns in the isles, colonies, ports, towns and govern ?.ent, under their dominion, they are not to he allowed to interrupt the peace, but are to be decided by those having authority on the spot, and in case they cannot decide them, they are to remit them at once to the two Crowns to be settled by their Majesties.] XVIII. further, it has been concluded and agreed that if ever, which God forbid, any rupture should take place in Europe between the said Crowns, the garrisons, armed- forces, or subjects of whatever condition of his Most Christian Majesty, being in the isles, colonies, forts, towns and governments which are at present, or may hereafter be, under i he dominion of his said Majesty in America, shall not exercise any act of hostility by sea or land against the subjects of his Britannic Majesty, inhabitants of any of Che colonies of America. And in like manner, in case of a rupture in Europe, the garrisons, armed forces, or subjects of whatever condition of his Britannic Majesty, being in the isles, colonies, forts, towns and governments which are at present, or may hereafter be, under the do minion of his Britannic Majesty in America, shall not exercise any act of hostility, either by sea or land, against the subjects of his Most Christian Majesty inhabiting any colony whatever in America. But there shall always be a firm peace and neutrality between the said peoples of France and Great Britain, just as if no such rupture had taken place. [XIX. This treaty, not to derogate from the Treaty of Breda, July, 1667, all the articles of which are to remain in force and vigour to be observed.] PROVISIONAL TREATY CONCERNING AMERICA, 1687. 15 PROVISIONAL TREATY CONCERNING AMERICA, 1687. Between Louis XIV., King of France, and James II., King of England. (Con cluded at Whitehall, 11th December, 1687.) [M. Paul Barillon, Councillor of State and French Ambassador, M. Francois Dusson de Bonrepans, were the Commissioners for France, and Counts Sunderland and Middleton, and Lord of Godolphin, were appointed on behalf of Great Britain, " to execute the treaty concluded on the 6-16 November, 1686, to settle and terminate all the differences which had arisen between the subjects of the two Crowns, in America, as well as to fix the bounds and limits of the colonies, isles, islands, lands, and countries under the dominion of the two Kings in America and governed by their Commandants, or which are of their dependencies."] We, the undernamed Commissioners, in virtue of the powers which we have received from the said Kings, our Masters, promise, agree and stipulate in their name, by the pre sent treaty, that, up to the 11th January of the year 1689, new style, and after that time until the said Most Serene Kings give some new and express order in writing, all persons and Governors and Commandants ofthe colonies, isles, lands and countries whatsoever under the dominion of the two Kings in America, are absolutely forbidden to commit any act of hostility against the subjects of either of the said Kings, or to attack them ; and the Gover nors and Commandants are not to suffer, under any pretext whatever, that they shall do any violence ; and in case of contravention on the part of the said Governors, they shall be punished, and obliged, in their own private names, to make restitution for the damage which may have been done by such contravention ; and the same shall be done in the case of all other contraventions ; and the present convention shall have full and entire effect in the best manner possible. We have, besides, agreed that the said Most Serene Kings shall, as soon as possible, send the necessary orders to their Commandants in America,, and that each shall send to the other authentic copies of the same. .(Signed) Barillon D'Amoncourt. Dusson De Bonrepans. Sunderland. Middleton. Godolphin. THE TREATY OF RYSWICK, 1697.* (Extracts.) VII. The Most Christian King shall restore to the said King of Great Britain all coun tries, islands, forts and colonies, wheresoever situated, which the English did possess before the declaration of this present war. And in like manner the King of Great Bri tain shall restore to the Most Christian King all countries, islands, forts and colonies, wheresoever situated, which the French did possess before the declaration of war ; and this restitution shall be made on both sides within the space of six months, or sooner if it can be done. And to that end, immediately after the ratification of this Treaty, each of the said Kings shall deliver or cause to be delivered to the other, or to commissioners authorized in his name for that purpose, all acts of concession, instruments and necessary orders duly made and in proper form, so that they may have their effect. VIII. Commissioners shall be appointed on both sides to examine and determine the rights and pretensions which either of the said Kings hath to the places situated in Hud- sonls Bay ; but the possession of those places which were taken by the French, during the peace that preceded this present war, and were retaken by the English during this war, shall be left to the French by virtue of the foregoing articles. The capitulation made by the English on the 5th September, 1695, shall be observed according to its form * From the Copy published in England by authority in 1697. 16 TREATY OF UTRECHT, 1713. and tenor ; the merchandizes therein mentioned shall be restored ; the Governor at the Fort taken there shall be set at liberty, if it be not already done ; the differences which have arisen concerning the execution of the said capitulation and the value of the goods there lost, shall be adj udicated and determined by the said commissioners ; who, imme- mediately after the ratification of the present Treaty, shall be invested with sufficient au thority for the settling of the limits and confines of the lands to be restored on either side by virtue of the foregoing article, and likewise for exchanging of lands, as may conduce to the mutual interest and advantage of both Kings. TREATY OF UTRECHT, 1713. (Extracts.) X. The said Most Christian King shall restore to the kingdom and Queen of Great Britain, to be possessed in full right forever, the Bay and Streights of Hudson, together with ali lands, seas, sea-coasts, rivers, and places situate in the said Bay and Streights, and which belong thereunto, no tracts of land or of sea being excepted, which are at present possessed by the subjects of France. All which, as well as any buildings there made in the condition they now are, and likewise all fortresses there erected either before or since the French seized the same, shall, within six months from the ratification of the present treaty, or sooner if possible, be well and truly delivered to the British subjects having commission from the Queen of Great Britain to demand and receive the same, entire and undemolished, together with all the cannon and cannon-ball which are therein, as also with a quantity of powder if it be there found, in proportion to the cannon-ball, and with the other provision of war usually belonging to cannon. It is, however, provided, that it may be entirely free for the Company of Quebec, and all other the suhjeets of the Most Christian King whatsoever, to go by land or by sea, whithersoever they please, out of the lands of the said Bay, together with all their goods, merchandizes, arms and effects of what nature or condition soever, except such things as are above referred in this article. But it is agreed on both sides, to determine within a year by Commissaries to be forthwith named by each party, the limits which are to be fixed between the said Bay of Hudson and the places appertaining to the French ; which limits both the British and French sub jects shall be wholly forbid to pass over, or thereby to go to each other by sea or by land. The same Commissioners shall also have orders to describe and settle, in like manner, the boundaries between the other British and French colonies in those parts. XI. The above mentioned Most Christian King shall take care that satisfaction be given, according to the rule of justice and equity, to the English Company trading to the Bay of Hudson, for all damages and spoil done to their colonies, ships, persons and goods by the hostile incursions and depredations of the French, in time of peace, an estimate being made thereof by Commissioners to be named at the requisition of each party. The same Commissioners shall moreover inquire as well into the complaints of the British sub jects concerning ships taken by the French in time of peace, as also concerning the dam age sustained last year in the island called Montserrat and others, as into those things of which the French subjects complain, relating to the capitulation in the island of Nevis and castle of Gambia, also to French ships, if perchance any such have been taken by British subjects in time of peace ; and in like manner into all disputes of this kind which shall be found to have arisen between both nations, and which are not yet ended • and due justice shall be done on both sides without delay. XII. The Most Christian King shall take care to have delivered to the Queen of Great Britain, on the same day that the ratification of this treaty shall be exchanged solemn and authentic letters, or instruments, by virtue whereof it shall appear, that °the island of St. Christopher is to be possessed alone hereafter by British subjects, likewise all Nova Scotia or Acadia, with its ancient boundaries, as also tho city of Port Royal now called Annapolis Royal, and all other things in those parts which depend on the said 'lands and islands, together with the dominion, propriety, and possession of the said islands lands, and places, and all right whatsoever, by treaties, or by any other way obtained' THE TREATY OF AIX-LA-CHAPELLE, 1748. 17 which the Most Christian King, the Crown of France, or any the subjects thereof, have hitherto had to the said islands, lands, and places, and the inhabitants of the same, are yielded and made over to the Queen of Greftt Britain, and to her Crown forever, as the Most Christian King doth at present yield and make over all the particulars above said, and that in such ample manner and form, that the subjects of the most Christian King shall hereafter be excluded from all kind of fishing in the said seas, bays, and other places, on the coasts 'of Nova Scotia, that is to say, on those which lie towards the east within thirty leagues, beginning from the island commonly called Sable inclusively, and thence stretching along towards the south-west. XIII. The island called Newfoundland, with the adjacent islands, shall from this time forward belong of right wholly to Britain ; and to that end the town and fortress of Placentia, and whatever other places in the said island are in the possession of the French shall be yielded and given up, within seven months from the exchange of the ratifications of this treaty, or sooner, if possible, by the Most Christian King, to those who have a commission from the Queen of Great. Britain for that purpose. Nor shall the Most Chris tian King, his heirs and successors, or anywf their subjects, at any time hereafter lay claim to any right to the said island and islands, or to any part of it or them. Moreover, it shall not be lawful for the subjects of France to fortify any place in the said island of Newfoundland, or to erect any buildings there, besides stages made of boards, and huts necessary and usual for drying of fish ; or to resort to the said island beyond the time necessary for fishing and drying of fish. But it shall be allowed to the subjects of France to catch fish and to dry them on land in that part only, and in no other besides that, of the said island of Newfoundland, which stretches from the place called Cape Bona vista to the northern point of the said island, and from thence running down by the western side, reaches as far as the place called Point Riche. But the island called Cape Breton, as also all others, both in the mouth of the River St. Lawrence and in the gulf of the same name, shall hereafter belong of right to the French, and the most Christian King shall have all manner of liberty to fortify any place or places there. XIV. It is expressly provided that in all the said places and colonies lo be yielded and restored by the Most Christian King, in pursuance of this treaty, the subjects of the said King may have liberty to remove themselves within a year to any other place as they shall think fit, together with all their moveable effects. But those who are willing to remain there, and to be subjects to the Kingdom of Great Britain, are to enjoy the free exercise of their religion according to the usage of the Church of Rome, as far as tlje laws of Great Britain do allow the same. XV. The subjects of France inhabiting Canada, and others, shall hereafter give no hindrance or molestation to the five nations or, can tons of Indians subject to the dominion of Great Britain, nor to the other natives of America who are friends to the same. In like manner the subjects of Great Britain shall behave themselves peaceably towards the Ameri cans who are subjects or friends to France ; and on both sides they shall enjoy full liberty of going and coming on account of trade. As also the natives of those countries shall with the same liberty, resort, as they please, to the British and French Colonies, for promoting trade on one side and the other, without any molestation or hindrance, either on the part of the British subjects or of the French. But it is to be exactly and distinctly settled by Commissioners, who are, and who ought to be, accounted the subjects and friends of Britain or of France. THE TREATY OF AIX-LA-CHAPELLE, 1748. (Spain). (Extract.) Art. V. All the conquests that have been made since the commencement of the present war, or, which, since the conclusion of the preliminary articles, signed the 30th April last, may have been or shall be made, either in Europe or the East and West Indies, or in any part of the world whatsoever, being to be restored without exception, in conformiiy 2 18 THE TREATY OF 1763. to what was stipulated by the said preliminary articles, and by the declarations since signed, the high contracting parties agree to give orders immediately for proceeding to the restitution, as well as to the putting the Most Serene Infant Don Philip in possession of the states which are to be yielded to him by virtue of the said preliminaries, the said parties solemnly renouncing, as well for themselves as their heirs and successors, all rights and claims, by what title or pretence soever, to all the states, countries, and places that they respectively engage to restore or yield ; saving, however, the reversion stipulated of the states yielded to the Most Serene Infant Don Philip. THE TREATY OF 1763. THE DEFINITIVE TREATY OF FRIENDSHIP AND PEACE BETWEEN HIS BRITANNIC MAJESTY, THE MOST CHRISTIAN KING, AND THE KING OF SPAIN, CONCLUDED AT PARIS, THE 10TH OF FEBRUARY, 1763.* (Extracts.) Art. II. The Treaties of Westphalia of 1648 ; those of Madrid, between the Crowns of Great Britain and Spain, of 1667 and 1670; the Treaties of Peace of Nimeguen, of 1678 and 1679 ; of Ryswick, of 1697 ; those of Peace and Commerce of Utrecht, of 1713 ; that of Baden, of 1714 ; the Treaty of the Triple Alliance of the Hague, of 1717 ; that ofthe Quadruple Alliance of London, of 1718 ; the Treaty of Peace of Vienna, of 1738; the Definitive Treaty of Aix-La-Chapelle, of 1748; and that of Madrid, between the Crowns of Great Britain and Spain, of 1750 ; as well as the Treaties between the Crowns of Spain and Portugal, of the 13th of February, 1668 ; of the 6th of February, 1715; and on the 12th of February, 1761 ; and that ofthe 11th of April, 1713, between France and Portugal, with the Guarantees of Great Britain, serve as a basis and founda tion to the peace and the present Treaty ; and for this purpose, they are all renewed and confirmed in the best form, as well as all the Treaties in general, which subsisted between the high contracting parties before the war, as if they were inserted here word for word, so that they are to be exactly observed for the future, in their whole tenor, and religiously executed on all sides, in all their points, which shall not be derogated from by the pre sent Treaty, notwithstanding all that may have been stipulated to the contrary by any of the high contracting parties : and all the said parties declare that they will not suffer any privilege, favour, or indulgence to subsist, contrary to the Treaties above confirmed, except what shall have been agreed and stipulated by the present Treaty. Art. IV. His Most Christian Majesty renounces all pretentions which he has hereto fore formed, or might form, to Nova Scotia or Acadia in all its parts, and guarantees the whole of it, with all its dependencies to the King of Great Britain ; moreover, his Most Christian Majesty cedes and guarantees to his said Britannic Majesty, in full right, Canada, with all its dependencies, as well as the Island of Cape Breton, and all the other islands and coasts in the Gulf and River St. Lawrence, and in general, everything that depends on the said countries, lands, islands, and coasts, with the sovereignty, pro perty, possession, and all rights, acquired by treaty or otherwise, which the Most Christian King and the Crown of France have had till now over the said countries, islands, lands, places, coasts and their inhabitanas, so that the Most Christian King cedes and makes over the whole to the said King and to the Crown of Great Britain, and that in the most ample form without restriction, and without any liberty to depart from the said ces sion and guaranty under any pretence, or to disturb Great Britain in the possessions above mentioned. Art. VII. In order to re-establish peace on solid and durable foundations, and to re move for ever all subject of dispute with regard to the limits of the British and French territories on the continent of America, it is agreed that, for the future, the confines be tween the dominions of his Britannic Majesty and those of his Most Christian Majesty, * To which the King df Portugal acceded on the same day. THE DEFINITIVE TREATY OF PEACE AND FRIENDSHIP, 1783. ° 19 in that part of the world, shall be fixed irrevocably by a line drawn along the middle of the River Mississippi, from its source to the River Iberville, and from • thence by a line drawn along the middle of this river and the Lakes Maurepas and Pontchartrain, to the sea ; and for this purpose the Most Christian King cedes in full right, and guarantees to his Britannic Majesty the river and port ofthe Mobile, and everthing which he possesses, or ought to possess, on the left side of the Mississippi, except the town of New Orleans, and the island in which it is situated, which shall remain to France ; provided, that the navigation of the Mississippi shall he equally free as well to the subjects of Great Britain as to those of France, in its whole breadth and length, from its source to the sea, and ex pressly that part which is between the said Island of New Orleans and the right bank of that river, as well as the passage both in and out of its mouth. THE DEFINITIVE TREATY OF PEACE AND FRIENDSHIP Between His Britannic Majesty and the United States of America. Signed at Paris, the 3rd of September, 1783. (Extracts.) Article I. — His Britannic Majesty acknowledges the said United States, viz., New Hampshire, Massachusets Bay, Rhode Island, and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, to be free, sovereign, and independent States ; that he treats with them as such, and for himself, his heirs and successors, relinquishes all claims to the government, propriety, and territorial rights of the same, and every part thereof. Article II. — And that all disputes which might arise in future on the subject ofthe boundaries of the said United States may be prevented, it is hereby 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 formed by a line drawn due north, from the source of St. Croix River to the highlands, along the 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 mid dle of that river to the forty-fifth degree of north latitude ; from thence by a line due west on said latitude until it strikes the River Iroquois or Cataraquy ; thence along the middle of said river into Lake Ontario, through the middle of said lake until it strikes the communication by "water between that lake and Lake Erie ; thence along the middle of said communication into Lake Erie ; through the middle of said lake, until it arrives at the water communication between that lake and Lake Huron ; thence along the middle of said water communication into the Lake Huron ; thence through the middle of said lake to the water communication between that lake and Lake Superior ; thence through Lake Superior, northward of the isles Royal and Phelippeaux, to the Long Lake ; thence through the middle of said Long Lake, and the water communication between it and the Lake of the Woods, to the said Lake of the Woods ; thence through the said lake to the most north-western point thereof, and from thence on a due west course to the River Mississippi ; thence by a line to be drawn along the middle of the said River Mississippi until it shall intersect the northernmost part of the thirty-first degree of north latitude. South, by a line to be drawn due east from the determination of the line last mentioned in the latitude of thirty-one degrees north of the equator, to the middle of the River Apalachicola or Catahouche ; thence along the middle thereof to its junction with the Flint River ; thence straight to the head of St. Mary's River, and thence down along the mid dle of St. Mary's River to the Atlantic Ocean. East, by a line to be drawn along the middle of the River St. Croix, from its mouth in the Bay of Fundy to its source, and from its source directly north to the aforesaid highlands, which divide the rivers that fall into the Atlantic Ocean from those which fall into the River St. Lawrence ; comprehending all islands within twenty leagues of any part of the shores ofthe United States, and lying be tween lines to be drawn due east from the points where the aforesaid boundaries between 20 treaty of 1794; treaty of ghent, 1814. 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. TREATY OF AMITY, COMMERCE, AND NAVIGATION Between His Britannic Majesty and the United States of America, concluded the 19th of November, 1794. (Extract.) Article IV. — Whereas it is uncertain whether the River Mississippi extends so far to the northward as to be intersected by a line to be drawn due west from the Lake of the Woods, in the manner mentioned in the Treaty of Peace between His Majesty and the United States ; it is agreed, that measures should be taken in concert with His Majesty's Government in America, and the Government of the United States, for making a joint survey of the said river from one degree of latitude below the Falls of St. Anthony, to the principal source or sources of the said river, and also the parts adjacent thereto ; and that if, on the result of such survey, it should appear that the said river would not be inter sected by such a line as is above mentioned, the two parties will thereupon proceed by amicable negotiation, to regulate the boundary line in that quarter as well as all other points to be adjusted between the said parties, according to justice and mutual conveni ence, and in conformity to the intent of the said treaty. ^TREATY OF GHENT, CONCLUDED THE 24th OF DECEMBER, 1814. (Extract.) .Article VI. — Whereas by the former treaty of peace, that portion of the boundary of the United States from the point where the forty-fifth degree of north latitude strikes the River Iroquois or Cataraquy, to the Lake Superior, was declared to be " along the middle of said river into Lake Ontario ; through the middle of said lake until it strikes the commu nication by water between that lake and Lake Erie ; thence along the middle of said commu nication into Lake Erie ; through the middle of said lake until it arrives at the water communication into the Lake Huron ; thence through the middle of said lake to the water communication between that lake and Lake Superior : " and whereas doubts have arisen what was the middle of the said river, lakes, and water communications, and whether certain islands lying in the same were within the dominions of His Britannic Majesty or of the United States : In order therefore finally to decide these doubts, they shall be referred to two Commissioners, to be appointed, sworn, and authorized to act exactly in the manner directed with respect to those mentioned in the next preceding article, unless otherwise specified in this present article. The said Commissioners shall meet, in the first instance, at Albany, in the State of New York, and shall have power to adjourn to such other place or places as they shall think fit. The said Commissioners shall, by a report or declaration, un der their hands and seals, designate the boundary through the said river, lakes and water communications, and decide to which of the two contracting parties the several islands lyino- within the said rivers, lakes, and water communications, do respectively belong;, in conformity with the true intent of the said Treaty of one thousand seven hundred and eighty three. And both parties agree to consider such designation and decirion as final and conclusive. And in the event of the said two Commissioners differing, or both or either of them refusing, de clining, or wilfully omitting to act, such reports, declarations, or statements shall be made by them, or either of them, and such reference to a friendly Sovereign or State shall be made, in all respects as in the latter part of the Fourth Article is contained, and in as full a manner 'as if the same was herein repeated. CONVENTION OF 1818 ; TREATY OF 1842. 21 CONVENTION Between Great Britain and the United States, Concluded the 20th of October, 1818. (Extract.) Article II. — It is agreed that a line drawn from the most north-western point of the Lake of the Woods, along the forty -ninth parallel of north latitude, or, if the said point shall not be in the forty-ninth parallel of north latitude, then that a line drawn from the said point due north or south, as the case may be, until the said line shall intersect the said parallel of north latitude, and from the point of such intersection due west along and with the said parallel, shall be the line of demarcation between the Territories of the United States and those of His Britannic Majesty, and that the said line shall form the northern boundary of the said Territories of the United States, and the southern boundary ofthe Territories of His Britannic Majesty, from the Lake of the Woods to the Stony Mountains. TREATY Between Great Britain and the United States, Concluded the 9th of August, 1842. (Extract.) Article II. — It is, moreover, agreed that, from the place where the Joint Commis sioners terminated their labours, under the VI. Article of the Treaty of Ghent, to wit, at a point in the Neebish Channel, near Muddy Lake, the line shall "run into and along the ship channel between St. Joseph and St. Tammany* Islands, to the division of the channel at or near the head of St. Joseph's Island ; thence turning eastwardly and north wardly around the lower end of St. George's or Sugar Island, and following the middle of the channel which divides St. George's from St. Joseph's Island ; thence up the East Neebish Channel nearest to St. George's Island, through the middle of Lake George ; thence west of Jonas' Island into St. Mary's River, to a point in the middle of that river, about one mile above St. George's or Sugar Island, so as to appropriate and assign the said island to the United States ; thence adopting the line traced on the maps by the Commissioners, through the River St. Mary and Lake Superior, to a point north of He Royale, in said lake, one hundred yards to the north and east of He Chapeau, which last- mentioned island lies near the north-eastern point of He Royale, where the line marked by the Commissioners terminates; and from the last-mentioned point south-westerly through .the middle of the sound between He Royale and the north-western main land, to the mouth of Pigeon River, and up the said river to and through the North and South Fowl Lakes, to the lakes of the height of land between Lake Superior and the Lake of the Woods ; thence along the water communication to Lake Saisaginaga, and through that lake ; thence to and through Cypress Lake, Lac du Bois Blanc, Lac La Croix, Little Ver million Lake, and Lake Namecan, and through the several smaller lakes, straits, or streams connecting the lakes here mentioned to that point in Lac la Pluie, or Rainy Lake, at the Chaudiere Falls, from which the Commissioners traced the line to the most north western point of the Lake of the Woods ; thence along the said line to the said most north-western point, being in latitude 49° 23' 55" north, and in longitude 95° 14' 38" west from the Observatory at Greenwich ; thence, according to existing Treaties, due south to its intersection with the 49th parallel of north latitude, and along that parallel to the Rocky Mountains. It being understood that all the water communications, and all, the usual portages along the line from Lake Superior to the Lake of the Woods, and also Grand Portage, from the shore of Lake Superior to the Pigeon River, as now actually sued, shall be free and open to the use of the citizens and subjects of both countries. 22 TREATY OF 1846 ; LAKE SUPERIOR TREATY, 1850. TREATY Between Her Majesty and the United States of America, for the Settlement of the Oregon Boundary, Concluded the 15th of June, 1846. (Extracts.) Article I. — From the point on the 49th parallel of north latitude, where the boundary laid down in existing Treaties and Conventions between Great Britain and the United States terminates, the line of boundary between the territories of Her Britannic Majesty and those of the United States shall be continued westward along the said 49th parallel of north latitude, to the middle of the channel which separates the continent from Van couver's Island, and thence southerly, through the middle of the said channel and of Fuca's Straits, to the Pacific Ocean ; provided, however, that the navigation of the whole of the said channel and straits, south of the 49th parallel of north latitude, remain free and open to both partes. II. — From the point at which the 49th parallel of north latitude shall be found to intersect the great northern branch of the Columbia River, the navigation of the said branchshall be free and open to the Hudson's Bay Company, and to all British subjects trad ing with the same, to the point where the said branch meets the main stream ofthe Colum bia, and thence down the said main stream to the ocean, with free access into and through the said river or rivers, it being understood that all the usual portages along the line thus described shall in like manner be free and open. In navigating the said river or rivers, British subjects, with their goods and produce, shall be treated on the same footing as citizens of the United States ; it being, however, always understood that nothing in this article shall be construed as preventing, or intended to prevent, the Government of the United States from making any regulations respecting the navigation of the said river or rivers nob inconsistent with the present Treaty. III. — In the future appropriation of the territory south of the 49th parallel of north latitude, as provided in the first Article of this Treaty, the possessory rights of the Hud son's Bay Company, and of all British subjects who may be already in the occupation of land or other property lawfully acquired within the said territory, shall be respected. IV. — The farms, lands, and other property of every description belonging to the Puget's Sound Agricultural Company on the north side of the Columbia River, shall be confirmed to the said Company. In case, however, the situation of those farms and lands should be considered by the United States to be of public and political importance, and the United States Government should signify a desire to obtain possession of the whole or of any part thereof, the property so required shall be transferred to the said Government at a proper valuation to be agreed upon between the parties. LAKE SUPERIOR TREATY, SEPTEMBER 7th, 1850. Copy of a Report of a Committee of the Honourable the Executive Council, Approved by His Excellency the Governor-General in Council, on the 11th January, 1850. The Committee of the Executive Council have had under consideration, on your Excellency's reference, a memorandum presented to the Honourable Colonel Bruce, Superin tendent Indian Department, from the Hon. W. B. Robinson, on behalf of certain Indian Chiefs lately arrested at Sault Ste. Marie, on a charge of having been implicated in the attack on the property of the Quebeo Mining Company, and who are represented to be now in Toronto, anxious to obtain assistance to return to their houses, as well as an as surance that the Government will speedily take measures to adjust the claims of the Indians for compensation, on their renouncing all claims to the occupation of the lands in LAKE SUPERIOR TREATY, 1850. 23 the vicinity of Lakes Huron and Superior, and portions of which have been occupied for Mining purposes. The Committee of Council having reference to the proceedings already taken with a view of adjusting the claims of the Indians, and also to a late report on the subject from the Com missioner of Crown Lands, which will form the subject of a separate minute, are respectfully of opinion, that a sum not exceeding £100 be advanced to the Indians to enable them to return ; and the Committee are further of opinion that Mr. Robinson be authorized on the part of the Government to negotiate with the several tribes for the adjustment of their claims to the lands in the vicinity of Lakes Superior and Huron, or of such portions of them as may be required for mining purposes. The Committee of Council are further of opinion that Mr. Robinson should be instructed to communicate to the Indians the fact of his appointment, and that it is his intention to pro ceed to Lake Superior at such time as may be found most convenient for meeting with the Chiefs ; and that he he likewise instructed to impress on the minds of the Indians, that they ought not to expect excessive remuneration for the partial occupation of the territory hereto fore used as hunting grounds, by persons who have been engaged in developing sources of wealth which they had themselves entirely neglected. The Committee of Council are further of opinion, that Mr. Robinson should warn the Indians against listening to the counsels of any one who may advise them to resort to criminal proceedings, which will not only render the parties participating in them amenable to the laws of the Province, but likewise entail expenses which will necessarily diminish the fund from which alone the means of affording compensation can be obtained. The Commissioner of Crown Lands will advance to Mr. Robinson the sum required, which must form a charge against any moneys received on account of the mining locations. Lake Superior Treaty, 1850. This agreement made and entered into on the seventh day of September, in the year of our Lord, 1850, at Sault Sainte Marie, in the Province of Canada, between the Honourable William Benjamin Robinson, of the one part, on behalf of Her Majesty the Queen, and Joseph Peaudechat, • John Ininway, Mishemuckqua, Totomenai, Chiefs, and Jacob Wasseba, Ahmutchwagabon, Michel Shebageshick, Manitoshainse and Chigenaus, principal men of the Ogibbeway Indians inhabiting the northern shore of Lake Superior, in the said Province of Canada, from Batchewanaung Bay to Pigeon River, at the western extremity of said lake, and inland throughout that extent to the height of land which separates the territory covered by the Charter of the Honourable the Hudson's Bay Company from the said tract, and also, the islands in the said lake within the boundaries of the British possessions therein, of the other part ; Witnesseth, that for and in consideration of the sum of £2,000 of good and lawful money of Upper Canada, to them in hand paid, and for the further perpetual annuity of £500, the same to be paid and delivered to the said Chiefs and their tribes at a convenient season of each summer, not later than the first day of August, at the Honourable the Hudson's Bay Company's posts of Michipicoten and Fort William, they, the said Chiefs and principal men, do freely, fully and voluntarily surrender, cede, grant and convey unto Her Majesty, her heirs and successors, for ever, all their right, title and interest in the whole of the territory above described, save and except the reservations set forth in the sehedule hereunto annexed, which reservation shall be held and occupied by the said Chiefs and their tribes in common for the purposes of residence and cultivation. And should the said Chiefs and their respective tribes at any time desire to dispose of any mineral or other valuable productions upon the said re servations, the same will be, at their request, sold by order of the Superintendent-General of the Indian Department for the time being, for their sole use and benefit and to the best advantage. And the said William Benjamin Robinson, ofthe first part, on behalf of Her Majesty and the Government of this Province, hereby promises and agrees to make the payments as before mentioned, .and further, to allow the said Chiefs and their tribes the full and free pri vileges to hunt over the territory now ceded by them, and to fish in the waters thereof, as 24 LAKE SUPERIOR TREATY, 1850. they have heretofore been in the habit of doing, saving and excepting only such portions of the said territory as may from time to time be sold or leased to individuals, or companies of individuals, and occupied by them with the consent of the Provincial Government. The parties of the second part further promise and agree that they will not sell, lease, or otherwise dispose of any portion of their reservations without the consent of the Superinten dent-General of Indian Affairs being first had and obtained ; nor will they at any time hinder or prevent persons from exploring or searching for minerals or other valuable productions in any part of the territory hereby ceded to Her Majesty, as before mentioned. The parties of the second part also agree, that in case the Government of this Province should, before the date of this agreement, have sold or bargained to sell any mining locations or other property, on the portions of the territory hereby reserved for their use and benefit, then, and in that case, such sale or promise of sale shall be perfected, if the parties interested desire it, by the Government, and the amount accruing therefrom shall be paid to the tribe to whom the reservation belongs. The said William Benjamin Robinson, on behalf of Her Majesty, who desires to deal liberally and justly with all her subjects, further promises and agrees that in case the terri tory hereby ceded by the parties of the seeond part shall at any future period produce an amount which will enable the Government of this Province, without incurring loss, to in crease the annuity hereby secured to them, then and in that case the same shall be augmented from time to time • provided, that the amount paid to each individual shall not exceed the sum of one pound, Provincial currency, in any one year, or such further sum as Her Majesty may be graciously pleased to order ; and provided, that the number of Indians entitled to the benefit of this Treaty, shall amount to two-thirds of their present number (which is 1,240) to entitle them to claim the full benefit thereof ; and should the numbers at any future period not amount to two-thirds of 1,240, the annuity shall be diminished in proportion to their actual numbers. Schedules of Reservations made by the above-named and subscribing Chiefs and Principal Men. First. — Joseph Peaudechat and his tribe ; the reserve to commence about two miles from Fort William (inland), on the right hank of the River Kimimtiquia ; thence westerly six miles parallel to the shores of the lake ; thence northerly five miles ; thence easterly to the right bank of the said river, so as not to interfere with any acquired rights ofthe Honour able the Hudson's Bay Company. Seeond. — Four miles square at Gros Cap, being a valley near the Honourable the Hud son's Bay Company's Post of Michipicoten, for Totomenai and tribe. Third. — Four miles square on Gull River, near Lake Nipigon, on both sides of said river, for the Chief Mishemuckqua and tribe. Signed, sealed and delivered at Sault Sainte Marie, the day and year first above written, in presence of — W. B. Robinson Joseph Peaudechat, Geo. Ironside, S. I. Affairs, John Ininway, Arthur P. Cooper, Cap. Com. Rifle Brigade., Mishemuckqua, H. N. Balfour, 2nd Lieut., Rifle Brigade., Totomesai, John Swanston, C. F. Honble. Hudson's Bay Co., Jacob Wassara, Geo. Johnston, Interpreter, Ah Mutchwagabon, J. W. Keating. Michel Shebageshick, Ma niton Shainse, Chigenaus. PROCLAMATION OF OCTOBER, 1763. 25 III. ihofJamations. George R. PROCLAMATION OF OCTOBER, 1763. (Extracts.) Whereas we have taken into our Royal consideration the extensive and valuable acquisitions in America, secured to our Crown by the late definitive Treaty of peace, con cluded at Paris the 10th day of February last ; and being desirous that all our loving subjects, as well of our kingdoms as of our colonies in America, may avail themselves with all convenient speed of the great benefits and advantages which must accrue there from to their commerce, manufactures, and navigation, we have thought fit, with the advice of our Privy Council, to issue this our Royal Proclamation, hereby to publish and declare to all our loving subjects, that we have, with the advice of our said Privy Council, granted our Letters Patent, under our Great Seal of Great Britain, to erect within the countries and islands ceded and confirmed to us by the said Treaty, four distinct and separate governments, styled and called by the names of Quebec, East Florida, West Florida, and Grenada, and limited and bounded as follows, viz. : First. — The government of Quebec, bounded on the Labrador coast by the River St. John, and from thence by a line drawn from the head of that river through the Lake St. John to the south end of the Lake Nipissim ; from whence the said line, crossing the River St. Lawrence and the Lake Champlain in 45 degrees of north latitude, passes along the high lands which divide the rivers that empty themselves into the said River St. Lawrence from those which fall into the sea ; and also along the north coast of the Baie des Chaleurs and the coast of the Gulph of St. Lawrence to Cape Rosieres ; and from thence, crossing the mouth of the River St. Lawrence by the west end of the Island of Anticosti, terminates at the aforesaid River St. John. Secondly, the government of East Florida, bounded, &c. Thirdly, the government of West Florida, bounded, &c. Fourthly, the government of Grenada, comprehending, &c. And to the end that the open and free fishery of our subjects may be extended to and carried on upon the coast of Labrador and the adjacent islands, we have thought fit, with the advice of our said Privy Council, to put all that coast, from the River St. John's to Hudson's Straits, together with the Islands of Anticosti and Madeline, and all other smaller islands 'lying upon the said coast, under the care and inspection of our Governor of Newfoundland. We have also, with the advice of our Privy Council, thought fit to annex the Islands of St. John and Cape Breton, or Isle Royale, with the lesser islands adjacent thereto, to our Government of Nova Scotia. ***** And whereas it will greatly contribute to the speedy settling our said new Govern ments, that our loving subjects should be informed of our paternal care for the security of the liberty and properties of those who are, and shall become, the inhabitants thereof ; we have thought fit to publish and declare, by this, our Proclamation, that we have, in the Letters Patent under our Great Seal of Great Britain, by which the said Gov ernments are constituted, given express power and direction to our Governors of our said colonies respectively, that so soon as the state and circumstances of the said colonies will admit thereof, they shall, with the advice and consent of the members of our Council, summon and call General Assemblies within the said Governments re spectively, in such manner and form as is used and directed in those Colonies and Pro vinces in America which are under our immediate government ; and we have also given power to the said Governors, with the consent of our said Council and the representatives 26 PROCLAMATION BY GENERAL GAGE, 1764. of the people, so to be summoned as aforesaid, to make, constitute, and ordain laws, statutes, and ordinances for the public peace, welfare, and government of our said colonies, and of the people and inhabitants thereof, as near as may be, agreeable to the laws of England, and under such regulations and restrictions as are used in other colonies ; and in the meantime, and until such Assemblies can be called as aforesaid, all persons inhabit ing, in, or resorting to, our said colonies, may confide in our Royal protection for the en joyment of the benefit of the laws of our realm of England : for which purpose we have given power under our Great Seal to the Governors of our said colonies respectively, to erect and constitute, with the advice of our said Councils respectively, Courts of judica ture and public justice within our said colonies, for the hearing and determining all causes as well criminal as civil, according to law and equity, and as near as may be agree able to the laws of England, with liberty to all persons who may think themselves aggrieved by the sentence of such Courts in all civil cases, to appeal, under the usual limitations and restrictions, to us, in our Privy Council. ***** And we do further declare it to be our Royal will and pleasure for the present, as aforesaid, to receive under our Sovereignty, protection, and dominion for the use of the said Indians, all the lands and territories not included within the limits of our said three new Governments, or within the limits of the territory granted to the Hudson's Bay Com pany, as also all the land and territories lying to the westward of the sources of the rivers which fall into the sea from the west and north-west as aforesaid ; and we do hereby strictly forbid, on pain of our displeasure, all our loving subjects from making any pur chases or settlements whatever, or taking possession of any of the lands above reserved, without our special leave and license, for that purpose first obtained. * * Given at our Court of St. James, the 7th day of October, 1763, in the third year of our reign. PROCLAMATION BY GENERAL GAGE TO THE FRENCH SETTLERS IN THE ILLINOIS, 1764.* [Captain Stirling was despatched in 1765 by General Gage to take possession of the posts and settlements of the French in the Illinois country east of the Mississippi. Upon his arrival, St. Ange surrendered Fort Chartres, and retired with the garrison of twenty- one men, and a third of the inhabitants of that settlement, to St. Louis, where he exer* cised the duties of commandant by the general consent of the people, till he was super seded by the Spanish governor, Piernes, in 1770. Upon assuming the government of the country, Captain Stirling published the following proclamation from General Gage, who was at this time the Commander-in-Chief of the British forces in North America] : — Whereas by the peace concluded at Paris, the tenth day of February, 1763, the country of Illinois has been ceded to His Britannic Majesty, and the taking possession ofthe said country of the Illinois by the troops of His Majesty, though delayed, has been determined upon : We have found it good to make known to the inhabitants — That His Majesty grants to the inhabitants of the Illinois the liberty of the Catholic religion, as has already been granted to his subjects in Canada. He has consequently given the most precise and effective orders to the end that his new Roman Catholic sub jects of the Illinois may exercise the worship of their religion according to the rites of the Romish Church, in the same manner as in Canada. That His Majesty moreover agrees that the French inhabitants or others, who have been subjects of the Most Christian King, may retire in full safety and freedom wherever they please, even to New Orleans, or any part of Louisiana, although it should happen that the Spaniards take possession of it in the name of his Catholic Majesty ; and they may sell their estates, provided it be to the subjects of His Majesty, and transport their "Albach's Annals, p. 188. PROCLAMATION OF NOVEMBER, 1791. 27 effects as well as their persons, without restraint upon their emigration, under any pretence whatever, except in consequence of debts or of criminal processes. That those who choose to retain their lands and become subjects of His Majesty, shall enjoy the same rights and privileges, the same security for their persons and effects) and the liberty of trade, as the old subjects of the King. That they are commanded by these presents to take the oath of fidelity and obedience to His Majesty in presence of Sieur Stirling, Captain of the Highland Regiment, the bearer hereof, and furnished with our full powers for this purpose. That we recommend forcibly to the inhabitants to conduct themselves like good and faithful subjects, avoiding, by a wise and prudent demeanor, all causes of complaint against them. That they act in concert with His Majesty's officers, so that his troops may take pos session of all the forts, and order be kept in the country. By this means alone they will spare His Majesty the necessity of recurring to force of arms, and will find themselves saved from the scourge of a bloody war, and of all the evils which a march of an army into their country would draw after it. We direct that these presents be read, published, and posted up in the usual places. Done and given at head-quarters, New- York, signed with our hands, sealed with our seal at arms, and countersigned by our Secretary, this 30th of December, 1764. Thomas Gage. By His Excellency : G. Masturin. PROCLAMATION OF NOVEMBER, 1791, Declaring when The Constitutional Act shall have effect in the Provinces of Upper and Lower Canada. Alured Clarke : George the Third, by the Grace of God, of Great Britain, France and Ireland, King, Defender of the Faith, and so forth. To all our loving subjects whom these presents may concern, greeting : — Whereas we have thought fit by and with the advice of our Privy Council, by our Order in Council, dated in the month of August last, to order that our Province of Quebec should be divided into two distinct Provinces, to be called the Province of Upper Canada and the Province of Lower Canada, by separating the said two Provinces according to the following line of division, viz : — " To commence at a stone boundary cm the north bank of the Lake St. Francis, at the Cove West of Pointe au Bodet, in the limit between the Township of Lancaster and the Seigneurie of New Longueuil, running along the said limit in the direction of north thirty-four degrees west to the westernmost angle of the said Seigneurie of New Longueuil ; thence along the north-western boundary of the Seigneurie of Vaudreuil, running north twenty-five degrees east until it strikes the Ottawas River, to ascend the said river into the Lake Tomiscanning, and from the head of the said lake by a line drawn due north until it strikes the boundary line of Hudson's Bay, including all the territory to the westward and southward of the said line to the utmost extent of the country commonly called or known by the name of Canada." And whereas by an Act passed in the last session of Parliament, intituled, " An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's reign, inti tuled, 'An Act for making more effectual provision for the Government ofthe Province of Quebec, in North America, and to make further provision for the Government of the said Province,' it is provided that by reason of the distance of the said Provinces from Great Britain, and the change to be made by the said Act in the Government thereof, it may be necessary that there should be some interval of time between the notification of the said Act to the said Provinces respectively, and the day of its commencement within the said '28 PROCLAMCTION OF GOVERNOR M'DONELL, 1814. Provinces respectively ; and that it should be lawful for us, with the advice of our Privy Council, to fix and d'eclare, or. to authorize the Governor or Lieutenant-Governor of our Pro vince of Quebec, or the person administering the Government there, to fix and declare the day of the commencement of the said Act within the said Provinces respectively, provided that such day shall not be later than the thirty-first day of December, one thousand seven hundred and ninety-one. And whereas, in pursuance of the said Act, we have thought fit by another Order in Council, bearing date the twenty-fourth day of August last, to authorize our Governor, or, in his absence, our Lieutenant-Governor, or the person admin istering the Government of our said Province of Quebec, to fix and declare such day as he should judge most advisable for the commencement of the said Act within the Pro vince of Upper Canada and the Province of Lower Canada respectively, and to that effect have, by our warrant to our right trusty and well-beloved Guy, Lord Dorchester, Captain- General and Governor-in-Chief in and over our said Province of Quebec, or in his absence, to our Lieutenant-Governor or Commander-in-Chief of our said Province for the time being, under our signet and Royal sign-manual, bearing date at St. James's, the twelfth day of September last, signified our will and pleasure that he take the necessary measures accordingly. Know ye, therefore, that our trusty and well-beloved Alured Clarke, Esquire, our Lieutenant-Governor of our said Province of Quebec, in the absence of our said Governor thereof, hath judged it most advisable to fix upon Monday, the twenty-sixth day of December next, for the commencement of the said Act within the Provinces aforesaid respectively; and it is accordingly hereby declared that the said Act of Parliament, inti tuled " An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's reign, intituled ' An Act for making more effectual provision for the Government of the Province of Quebec in North America, and to make further provision for the Government of the said Province,' " shall commence within the said Provinces of Upper Canada and Lower Canada, respectively, on Monday, the said twenty-sixth day of De cember, in this present year one thousand seven hundred and ninety-one, of which all our loving subjects, and all others concerned, are to take notice and govern themselves accordingly. In testimony whereof we have caused these our Letters to be made Patent, and the Great Seal of said Province of Quebec to be hereunto affixed. Witness, our trusty ahd well beloved Alured Clarke, Esquire, our Lieutenant-Governor and Commander-in-Chief of our said Province of Quebec, Major-General commanding our forces in North America, &c, &c, at our Castle of St. Lewis in the City of Quebec, this eighteenth day of Nov ember, in the year of our Lord one thousand seven hundred and ninety-one, and in the thirty-second year of our reign. A. C. Hugh Finlay, Acting Secretary. PROCLAMATION OF GOVERNOR M'DONELL AFTER THE HUDSON'S BAY COMPANY'S GRANT TO THE EARL OF SELKIRK, JANUARY, 1814. Whereas the Governor and Company of Hudson's Bay have ceded to the Right Hon ourable Thomas, Earl of Selkirk, his heirs and successors, for ever, all that tract of land or territory, bounded by a line running as follows, viz. : Beginning on the western shore of Lake Winnipic, at a point in fifty-two degrees and thirty minutes north latitude ; and thence running due west to Lake Winipigashish, otherwise called Little Winnipic ; then in a southerly direction through the said, lake, so as to strike its western shore in latitude fifty-two degrees ; then due west to the place where the parallel of fifty-two degrees north latitude intersects the western branch of Red River, otherwise called Assiniboine ; then due south from that point of intersection to the height of land which separates the waters running into Hudson's Bay from those of the Missouri and Missis sippi Rivers ; then in an easterly direction along the height of land to the source of the THE CHARTER INCORPORATING THE HUDSON'S BAY COMPANY, 1670. 29 River Winnipic (meaning by such last-named river the principal branch of the waters which unite in the Lake Saginagas); thence along the main stream of those waters and the middle of the several lakes through which they pass, to the mouth of the Winnipic River ; and thence in a northerly direction through the middle of the Lake Winnipic, to the place of beginning : which territory is called Assiniboia, and of which I, the under signed, have been duly appointed Governor : And whereas, the welfare of the families at present forming settlements on the Red River, within the said territory, with those on the way to it, passing the winter at York and Churchill Forts in Hudson's Bay, as also those who are expected to arrive next autumn, renders it a necessary and indispensable part of my duty to provide for their sup port in the yet uncultivated state of the country, and the ordinary resources derived from the buffalo and other wild animals hunted within the territory are not deemed more than adequate for the requisite supply.: Wherefore, it is hereby ordered, that no person trad ing in furs dr provisions within the territory, for the Honourable Hudson's Bay Com pany or the North-west Company, or any individual or unconnected traders or persons whatever, shall take out any provisions, either of flesh, fish, grain or vegetables procured or raised within the said territory, by water or land carriage, for one twelvemonth from the date hereof, save and except what may be judged necessary for the trading parties at this present time within the territory to carry them to their respective destinations, and who may on due application to me obtain a license for the same. The provisions pro cured and raised as above shall be taken for the use of the colony ; and that no loss may accrue to the parties concerned, they will be paid for by British bills at the customary rates. And be it further made known, that whosoever shall be detected in attempting to convey out, or shall aid or assist in carrying out, or attempting to carry out, any provi sions prohibited as above, either by water or land, shall be taken into custody, and pro secuted as the laws in such cases direct ; and the provisions so taken, as well as any goods and chattels of what nature soever, which may be taken along with them, and also the craft, carriages and cattle instrumental in carrying away the same to any part but to the settlement on Red River, shall be forfeited. Given under my hand at Fort Daer [Pembina], the 8th day of January, 1814. J Miles M'Donell, Governor. By order of the Governor, John Spencer, Secretary. IV. 50jml (garter, #r. THE CHARTER INCORPORATING THE HUDSON'S BAY COMPANY, Granted by His Majesty, King Charles the Second,, in the 22nd Year of His Reign, A.D. 1670. Charles the Second, by the grace of God, King of England, Scotland, France, and Ireland, Defendtf of the Faith, &c. To all to whom these presents shall come, greeting : Whereas our dear entirely beloved Cousin, Prince Rupert, Count Palatine of the Rhine, Duke of Bavaria and Cumberland, &c. ; Christopher Duke of Albemarle, William Earl of. Craven, Henry Lord Arlington, Anthony Lord Ashley, Sir John Robinson, and Sir Robert Vyner, Knights and Baronets ;. Sir Peter Colleton, Baronet ; Sir Edward Hungerford, Knight of the Bath ; Sir Paul Neele, Knight ; Sir John Griffith and Sir Philip Carteret, Knights ; James Hayes, John Kirke, Francis Millington, William 30 THE CHARTER INCORPORATING THE HUDSON'S BAY COMPANY, 1670. Prettyman, John Fenn, Esquires ; and John Portman, Citizen and Goldsmith of London : have, at their own great cost, and charges, undertaken an expedition for Hudson's Bay, in the north-west part of America, for the discovery of a new passage into the South Sea, and for the finding some trade for furs, minerals, and other considerable commodities, and by such their undertaking have already made such discoveries as to encourage them to proceed further in pursuance of their said design, by means whereof there may probably arise very great advantages' to us and our kingdom. And Whereas the said undertakers, for their further encouragement in the said de sign, have humbly besought us to incorporate them, and grant unto them and their suc cessors 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 the Hudson's Straits, together with all the lands, countries and territories upon the coasts and confines of the seas, straits, bays, lakes, rivers, creeks, and sounds aforesaid, which are not now actually possessed by any of our subjects, or by the subjects of any other Christian Prince or State. Now Know ye, that we, being desirous to promote all endeavours tending to the public good of our people, and to encourage the said undertaking, HAVE, of our especial grace, certain knowledge, and mere motion, given, granted, ratified and confirmed, and by these presents, for us, our heirs and successors, do give, grant, ratify and confirm, unto our said Cousin, Prince Rupert, Christopher Duke of Albemarle, William Earl of Craven, Henry Lord Arlington, Anthony Lord Ashley, Sir John Robinson, Sir Robert Vyuer, Sir Peter Colleton, Sir Edward Hungerford, Sir Paul'Neele, Sir John Griffith and Sir Philip Carteret, James Hayes, John Kirk, Francis Millington, William Prettyman, John Fenn, and John Portman, that they, and such others as shall be admitted into the said society as is hereafter expressed, shall be one body corporate and politic, in deed and in name, by the name of " The Governor and Company of Adventurers of England trading into Hudson's Bay," and them by the name of "The Governor and Company of Adventurers of England trading into Hudson's Bay," one body corporate and politic, in deed and in name, really and fully forever, for us, our heirs, and successors, WE DO make, ordain, constitute, establish, confirm and declare by these presents, and that by the same name of Governor and Company of Adventurers of England trading into Hudson's Bay, they, shall have perpetual succession, and that they and their successors, by the name of The Governor and Company of Adventurers of England trading into Hudson's Bay, be, and at all times hereafter shall be personable and capable in law to have, purchase, receive, possess, enjoy and retain lands, rents, privileges, liberties, juris dictions, franchises and hereditaments, of what kind, nature or quality soever they be, to them and their successors ; and also to give, grant, demise, alien, assign and dispose lands, tenements and hereditaments, and to do and execute all and singular other things by the same name that to them shall or may appertain to do ; and that they and their successors, by the name of The Governor and Company of Adventurers of England trading into Hudson's Bay, may plead and be impleaded, answer and be answered, defend and be defended, in whatsoever courts and places, before whatsoever judges and justices, and other persons and officers, in all and singular actions, pleas, suits, quarrels, causes and demands whatsoever, of whatsoever kind, nature or sort, in such manner and form as any other our liege people of this our realm of England, being persons able and capable in law, may or can have, purchase, receive, possess, enjoy, retain, give, grant, demise, alien, assign, dispose, plead, defend and be defended, do, permit and execute ; and that the said Governor and Company of Adventurers of England trading into Hudson's Bay, and their successors may have a common seal to serve for all the causes and businesses of them and their successors, and that it shall and may be lawful to the sai<$ Governor and Com pany, and their successors, the same seal, from time to time, at their will and pleasure, to break, change, and to make anew or alter, as to them shall seem expedient. And further we will, and by these presents, for us, our heirs and successors, we do ordain that there shall be from henceforth one of the same Company to be elected and appointed in such form as hereafter in these presents is expressed, which shall be called the Governor of the said Company ; and that the said Governor and Company shall or may select seven of their number, in such form as hereafter in these presents is expressed, which shall be called the Committee of the said Company, which Committee of seven or THE CHARTER INCORPORATING THE HUDSON'S BAY COMPANY, 1670. 31 any three of them, together with the Governor or Deputy-Governor of the said Company for the time being shall have the direction of the voyages of and for the said Company, and the provision of the shipping and merchandizes thereunto belonging, and also the sale of all merchandizes, goods and other things returned, in all or any the voyages or ships of or for the said Company, and the managing and handling of all other business, affairs and things belonging to the said Company : And we will, ordain and grant by these presents, for us, our heirs and successors, unto the said Governor and Company, and their successors, that they the said Governor and Company, and their successors, shall from henceforth for ever be ruled, ordered and governed according to such manner and form as is hereafter in these presents expressed, and not otherwise ; and that they shall have, hold, retain and enjoy the grants, liberties, privileges, jurisdictions and immunities only hereafter in these presents granted and expressed, and no other : And for the better execution of our will and grant in this behalf we have assigned, nominated, consti tuted and made and by these presents, for us, our heirs and successors, we do assign, constitute and make our said Cousin Prince Rupert, to be the first and present Gover nor of the said Company, and to continue in the said office, from the date of these pre sents until the 10th November then next following, if he, the said Prince Rupert, shall so long live, and so until a new Governor be chosen by the said Company in form hereafter ex pressed : And also we have assigned, nominated and appointed, and by these presents, for us, our heirs and successors, we do assign, nominate and constitute, the said Sir John Robin son, Sir Robert Vyner, Sir Peter Colleton, James Hayes, John Kirk, Francis Millington, and JohnPortman to be the seven first and present Committees of the said Company,from the date of these presents until the said 10th day of November then also next following, and so on until new Committees shall be chosen in form hereafter expressed: And further we will and grant by these presents, for us, our heirs and successors, unto the said Governor and Company, and their successors, that it shall and may be lawful to and for the said Gov ernor and Company for the time being, or the greater part of them present at any public assembly, commonly called the Court General, to be holden for the said Company, the Governor of the said Company being always one, from time to time to elect, nominate and appoint one of the said Company to be Deputy to the said Governor, which Deputy shall take a corporal oath, before the Governor and three or more of the Committee of the said .Company for the time being, well, truly and faithfully to execute his said office of Deputy to the Governor of the said Company, and after his oath so taken, shall and may from time to time, in the absence of the said Governor, exercise and execute the office of Governor of the said Company, in such sort as the said Governor ought to do : And further we will and grant by these presents, for us, our heirs and successors, unto the said Governor and Company of Adventurers of England trading into Hudson's Bay, and their successors, that they, or the greater part of them, whereof the Governor for the time being or his Deputy to be one, from time to time, and at all times here after, shall and may have authority and power, yearly and every year, between the first and last day of November, to assemble and meet together in some convenient place, to be appointed from time to time by the Governor, or in his absence by the Deputy of the said Governor for the time being, and that they being so assembled, it shall and may be lawful to and for the said Governor or Deputy of the said Governor, and the said Com pany for the time being, or the greater part of them which then shall happen to be pre sent, whereof the Governor of the said Company or his Deputy for the time being to be one, to elect and nominate one of the said Company, which shall be Governor of the said Company for one whole year then next following, which person being so elected and nominated to be Governor of the said Company, as is aforesaid, before he be admitted to the execution of the said office, shall take a corporal oath before the last Governor, being his predecessor, or his Deputy, and any three or more of the Committee of the said Com pany for the time being, that he shall from time to time well and truly execute the office of Governor of the said Company in all things concerning the same ; and that immedi ately after the said oath so taken, he shall and may execute and use the said office of Governor of the said Company for one whole year from thence next following : And in like sort we will and grant that as well every one of the above-named to be of the said Company of fellowship, as all others hereafter to be admitted or free of the said Com pany, shall take a corporal oath before the Governor of the said Company or his Deputy 32 THE CHARTER INCORPORATING THE HUDSON'S BAY COMPANY, 1670, for the time being to such effect as by the said Governor and Company or the greater part of them in any public Court to be held for the said Company, shall be in reasonable and legal manner set down and devised, before they shall be allowed or admitted to trade or traffic as a freeman of the said Company : And further we will and grant by these presents,' for us, our heirs and successors, unto the said Governor and Company, and their successors, that the said Governor or Deputy Governor, and the rest of the said Company, and their successors for the time being, or the greater part of them, whereof the Governor or Deputy Governor from time to time, to be one, shall and may from time to time, and at all times hereafter, have power and authority, yearly and every year, between the first and last day of November, to assemble and meet together in some convenient place, from time to time to be appointed by the said Governor of the said Company, or in his absence by his Deputy ; and that they being so assembled, it shall and may be lawful to and for the said Governor or his Deputy, and the Company for the time being, or the greater part of them which then shall happen to be present, whereof the Governor of the said Company or his Deputy for the time being to be one, to elect and nominate seven of the said Com pany, which shall be a Committee of the said Company for one whole year from thence next ensuing, which persons being so elected and nominated to be a Committee of the said Company as aforesaid, before they be admitted to the" execution of their office, shall take a corporal oath before the Governor or his Deputy, and any three or more of the said Committee of the said Company, being their last predecessors, that they and every of them shall well and faithfully perform their said office of Committees in all things concern ing the same, and that immediately after the said oath so taken, they shall and may execute and use their said office of Committees of the said Company for one whole year from thence next following : And Moreover, our will and pleasure is, and by these presents, for us, our heirs and successors, WE DO GRANT unto the said Governor and Company, and their successors, that when and as often as it shall happen, the Governor or Deputy Governor of the said Company for the time being, at any time within one year after that he shall be nominated, elected and sworn to the office of the Governor of the said Company, as is aforesaid, to die or to be removed from the said office, \«hich Governor or Deputy Governor not demeaning himself well in his said office WE WILL to be removable at the pleasure of the rest of the said Company, or the greater part of them which shall be present at their public assemblies commonly called their General Courts, holden .for the said Company, that then and so often it shall and may be lawful to and for the residue of the said Company for the time being, or the greater part of them, within a convenient time after the death or removing of any such Governor or Deputy Governor, to assemble themselves in such convenient place as they shall think fit, for the election of the Gover nor or the Deputy Governor of the said Company ; and that the said Company, or the greater part of them, being then and there present, shall and may, then and there, before t their departure from the said place, elect and nominate one other of the said Company to be Governor or Deputy Governor for the said Company hi the place and stead of him that so died or was removed ; which person being so elected aud nominated to the office of Governor or Deputy Governor of the said Company, shall have and exercise the said office for and during the residue of the next year, taking first a corporal oath, as is afore said, for the due execution thereof; and this to be done from time to time so often as the case shall so require : And also, our will and pleasure is, and by these presents for us, our heirs and successors, WE DO grant unto the said Governor and Company, that when and as often as it shall happen any person or persons of the Committee of the said Com pany for the time being, at any time within one year next after that they or any ot them shall be nominated, elected and sworn to the office of Committee of the said Company as is aforesaid, to die or to be removed from the said office, which Committees not demeaning themselves well in their said office, WE WILL to be removable at the plea sure of the said Governor and Company or the greater part of them, whereof the Gover nor of the said Company for the time being or his Deputy to be one, that then and so often, it shall and may be lawful to and for the said Governor, and tlie rest of the Com pany for the time being, or the greater part of them, whereof the Governor for the. time being or his Deputy to be one, within convenient time after the death or removing of any of the 'said Committee, to assemble themselves in such convenient place as is or shall be usual and accustomed for the election of the Governor ofthe said Company, or where else THE CHARTER INCORPORATING THE HUDSON'S BAY COMPANY, 1670. 33 the Governor of the said Company for the time being or his Deputy shall appoint : And that the said Governor and Company, or the greater part of them, whereof the Gov ernor for the time being or his Deputy to be one, being then and there present, shall and may, then and there, before their departure from the said place, elect and nominate one or more of the said Company to be the Committee ofthe said Company in the place and stead of him or them that so died, or were or was so removed, which person or persons so nomi nated and elected to the office of Committee of the said Company, shall have and exercise the said office for and during the residue ofthe said year, taking first a corporal oath, as is aforesaid, for the due execution thereof, and this to be done from time to time, so often as the case shall require : t And to the end the said Governor and Company of Adventurers of England trading into Hudson's Bay may be encouraged to undertake and effectually to prosecute the said design, of our more especial grace, certain knowledge and mere motion, 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 these 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 confines of the seas, bays, lakes, rivers, creeks and sounds aforesaid,' 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, with the fishing of all sorts of fish, whales, sturgeons and all other royal fishes, in the seas, bays, inlets and rivers within the pre mises, and the fish therein taken, together with the royalty of the sea upon the coasts within the limits aforesaid, and all mines royal,, as well discovered as not discovered, of gold, silver, gems and precious stones, to be found or discovered within the territories, limits and places aforesaid, and that the said land be from henceforth reckoned and re puted as one of our plantations or .colonies in America, called " Rupert's Land." And further we DO, by these presents, for us, our heirs and successors, make, create, and constitute the said Governor and Company for the time being, and their suc cessors, the true and absolute lords and proprietors of the same territory, limits and places, and of all other the premises, saving always the faith, allegiance and sovereign dominion due to us, our heirs and successors, for the same to HAVE, HOLD, possess and enjoy the said territory, limits and places, and all and singular other the premises hereby granted as aforesaid, with their and every of their rights, members, juris dictions, prerogatives, royalties and appurtenances whatsoever, to them the said Governor and Company, and their successors for ever, to be holden of us, our heirs and succes sors, as of o.ur manor at East Greenwich, in our county of Kent, in free and common soc- cage, and not in capite or by Knight's service, yielding and paying yearly to us, our heirs and successors, for the same, two elks and two black beavers, whensoever and as often as we, our heirs and successors, shall happen to enter into the said countries, territories and regions hereby granted. And Further, our will and pleasure is, and by these presents, for us, our heirs and successors, WE DO GRANT unto the said Governor and Company, and their successors, that it shall and may be lawful to and for the said Governor and Company and their successors, from time to time, to assemble themselves, for or about any the matters, causes, affairs or businesses of the said trade, in any place or places for the same convenient, within our dominions or elsewhere, and there to hold Court for the said Company and the affairs thereof; and that, also, it shall and may be lawful to and for them, and the greater part of them, being so assembled, and that shall then and there be present, in any such place or place's, whereof the Governor or his Deputy for the time being to be one, to make, ordain and constitute such and so many reasonable laws, constitutions, orders and ordin ances as to them, or the greater part of them, being, then and there present, shall seem necessary and convenient for the good government of the said Company, and of all gover nors of colonies, forts and plantations, factors, masters, mariners and other officers em ployed or to be employed in any of the territories and lands aforesaid, and in any of their voyages, and for the better advancement and continuance of the said trade or traffic and plantations, and the same laws, constitutions, orders and ordinances so made, to put in use and execute accordingly, and at their pleasure to revoke and alter the same or any of 3 34 THE CHARTER INCORPORATING THE HUDSON'S BAY COMPANY, 1670. them, as the occasion shall require : And that the said Governor and Company, so often as they shall make, ordain or establish any such laws, constitutions, orders and ordinances, in such form as aforesaid, shall and may lawfully impose, ordain, limit and provide such pains, penalties and punishments upon all offenders, contrary to such laws, constitutions, orders and ordinances, or any of them, as to the said Governor and Company for the time being, or the greater part of them, then and there being present, the said Governor or his Deputy being always one, shall seem necessary, requisite or convenient for the observation of the same laws, constitutions, orders and ordinances ; and the same fines and amercia ments shall and may, by their officers and servants from time to time to be appointed for that purpose, levy, take and have, to the use of the said Governor and Company, and their successors, without the impediment of us, our heirs or successors, or of any the officers or ministers of us, our heirs or successors, and without any account therefore to us, our heirs or successors, to be made : All and singular which laws, constitutions, orders, and ordin ances, so as aforesaid to be made, we will to be duly observed and kept under the pains and penalties therein to be contained ; so always as the said laws, constitutions, orders and ordinances, fines and amerciaments, be reasonable and not contrary or repugnant, but as. near as may be agreeable to the laws, statutes or customs of this our realm. And Furthermore, of our ample and abundant grace, certain knowledge and mere motion, WE HAVE granted, and by these presents, for us, our heirs and successors, DO grant unto the said Governor and Company, and their successors, that they and their successors, and their factors, servants and agents, for them and on their behalf, and not otherwise, shall for ever hereafter have, use and enjoy, not only the whole, entire, and only trade and traffic, and the whole, entire, and only liberty, use and privilege of trading and traf ficking to and from the territory, limits and places aforesaid, but also the whole and entire trade and traffic to and from all havens, bays, creeks, rivers, lakes and seas, into which they shall find entrance or passage by water or land out of the territories, limits and places aforesaid ; and to and with all the natives and people inhabiting, or which shall inhabit within the territories, limits and places aforesaid ; and to and with all other nations inhabiting any the coasts adjacent to the said territories, limits and places which are not already possessed as aforesaid, or whereof the sole liberty or privilege of trade and traffic is not granted to any other of our subjects. And we, of our further Royal favour, and of our more especial grace, certain know ledge and mere motion, have granted, and by these presents, for us, our heirs and suc cessors, do grant to the said Governor and Company, and to their successors, that neither the said territories, limits and places hereby granted as aforesaid, nor any part thereof, nor the islands, havens, ports, cities, towns, or places thereof or therein contained, shall be visited, frequented or haunted by any of the subjects of us, our heirs or successors contrary to the true meaning of these presents, and by virtue of o.ur prerogative royal which we will not have in that behalf argued or brought into question : We STRAITLY charge, command and prohibit for us, our heirs and successors, all the subjects of us, our heirs and successors, of what degree or quality soever they be, that none of them, directly or indirectly do visit, haunt, frequent, or trade, traffic, or adventure, by way of merchandize, into or from any of the said territories, limits or places hereby granted or any or either of them, other than the said Governor or Com pany, and such particular persons as now be or hereafter shall be of that Company, then- agents, factors and assigns, unless it be by the license and agreement of the said Governor and Company in writing first had and obtained, under their common seal, to be "ranted upon pain that every such person or persons that shall trade or traffic into or from any of the countries, territories, or limits aforesaid, other than the said Governor and Companv and. their successors, shall incur our indignation, and the forfeiture and the loss of the goods, merchandizes and other things whatsoever, which so shall be brought into this realm of England, or any of the dominions of the same, contrary to our said prohibition or the purport or true meaning of these presents, or which the said Governor and Com pany shall find, take and seize in other places out of our dominion, where the said Company their agents, factors or ministers shall trade, traffic or inhabit by the virtue of these our letters patent, as also the ship and ships, with the furniture thereof, wherein such o-oods merchandizes and other things shall be brought and found ; and one half of all the said' forfeitures to be to us, our heirs and successors, and the other half thereof we do, by these THE CHARTER INCORPORATING THE HUDSON'S BAY COMPANY, 1670. 35 presents, clearly and wholly, for us, our heirs and successors, give and grant unto the said Governor and Company, and their successors : And further, all and every the said offenders, for their said contempt, to suffer such other punishment as to us, our heirs and successors, for so high a contempt, shall seem meet and convenient, and not be in any wise delivered until they and every of them shall become bound unto the said Governor for the time being in the sum of One thousand pounds at the least, at no time then after to trade or traffic into any of the said places, seas, straits, bays, ports, havens or territories aforesaid, contrary to our express commandment in that behalf set down and published : And further, of our more especial grace, we have condescended and granted, and by these presents, for us, our heirs and successors, DO grant unto the said Governor and Com pany, and their successors, that we, our heirs and successors, will not grant liberty, license or power to any person or persons whatsoever, contrary to the tenor of these our letters patent, to trade, traffic or inhabit; unto or upon any of the territories, limits or places afore specified, contrary to the true meaning of these presents, without the con sent of the said Governor and Company, or the most part of them : And, of our more abundant grace and favour of the said Governor and Company, we do hereby declare our will and pleasure to be, that if it shall so happen that any of the persons free or to be free of the said Company of Adventurers of England trading into Hudson's Bay, who shall, before the going forth of any ship or ships appointed for a voyage or otherwise, promise or agree, by writing under his or their hands, to adventure any sum or sums of money towards the furnishing any provision, or maintenance of any voyage or voyages, set forth or to be set forth, or intended or meant to be set forth, by the said Governor and Company, or the most part of them present at any public assembly, commonly called their General Court, shall not, within the space of twenty days next after warning given to him or them by the said Governor or Company, or their known officer or minister, bring in and deliver to the Treasurer or Treasurers appointed for the Company, such sums of money as shall have been expressed and set down in writing by the said person or persons, subscribed with the name of said Adventurer or Adventurers, that then and at all times after it shall and may be lawful to and for the said Governor and Company, or the more part of them present, whereof the said Governor or his Deputy to be one, at any of their General Courts or general assemblies, to remove and disfranchise him or them, and every such person and persons at their wills and pleasures, and he or they so removed and disfranchised, not to be permitted to trade into the countries, territories, and limits aforesaid, or any part thereof, nor to have any adventure or stock going or remaining with or amongst the said Company, without the special license of the said Governor and Company, or the more part of them present at any General Court, first had and obtained in that behalf, any thing before in these presents to the contrary there of in any wise notwithstanding . And our will and pleasure is, and hereby we do also ordain, that it shall and may be lawful to and for the said Governor and Company, or the greater part of them, whereof the Governor for the time being or his Deputy to be one, to admit into and to be of the said Company all such servants or factors, of or for the said Company, and all such others as to them or the most part of them present, at any Court held, for i!he said Company, the Governor or his Deputy being one, shall be thought fit and agreeable with the orders and ordinances made and to be made for the government of the said Company : And further, our will and pleasure is, and by these presents for us, our heirs and successors, we do grant unto the said Governor and Company, and to their successors, that it shall and may be lawful in all elections and by-laws to be made by the General Court of the Adventurers of the said Company, that every person shall have a number of votes according to his stock, that is to say, for every hundred pounds by him subscribed or brought into the present stock, one vote, and that any of those that have subscribed less than One hundred pounds, may join their respec tive sums to make up One hundred pounds, and have one vote jointly for the same, and not otherwise : And further, of our especial grace, certain knowledge, and mere motion, we do, for us, our heirs and successors, grant to and with the said Governor and Company of Adventurers of England trading into Hudson's Bay, that all lands, islands, territories, plantations, forts, fortifications, factories or colonies, where the said Com pany's factories and trade are or shall be, within any of the ports or places afore limited, shall be immediately and from henceforth under the power and command of the said 36 THE CHARTER INCORPORATING THE HUDSON'S BAY COMPANY, 1670. Governor and Company, their successors and assigns ; SAVING the faith and allegiance due to be performed to us, our heirs and successors, as aforesaid ; and that the said Governor and Company shall have liberty, full power and authority to appoint and establish Gover nors and all other officers to govern them, and that the Governor and his Council of the several and respective places where the said Company shall have plantations, forts, facto ries, colonies or places of trade within any of the countries, lands or territories hereby granted, may have power to judge all persons belonging to the said Governor and Com pany, or that shall live under them, in all causes, whether civil or criminal, according to the laws of the kingdom, and to execute justice accordingly ; and in case any crime or misdemeanor shall be committed in any of the said Company's plantations, forts, factories, or places of trade within the limits aforesaid, where judicature cannot be executed for want of a Governor and Council there, then in such case it shall and may be lawful for the chief Factor of that place and his Council to transmit the party, together with the offence, to such other plantation, factory or fort where there shall be a Governor and Council, where justice may be executed, or into this kingdom of England, as shall be thought most convenient, there to receive such punishment as the nature of his offence shall deserve : And moreover, our will and pleasure is, and by these presents, for us, our heirs and successors, we do give and grant unto the said Governor and Company, and their successors, free liberty and license, in case they conceive it necessary, to send either ships of war, men or ammunition into any of their plantations, forts, factories, or places of trade aforesaid, for the security and defence of the same, and to choose commanders and officers over them, and to give them power and authority, by commission under their common seal, or otherwise, to continue to make peace or war with any prince or people whatsoever, that are not Christians, in any place where the said Company shall have any plantations, forts or factories, or adjacent thereto, and shall be most for the advantage and. benefit of the said Governor and Company, and of their trade : and also to right and recompense themselves upon the goods, estates, or people of those parts, by whom the said Governor and Company shall sustain any injury, loss or damage, or upon any other people whatsoever, that shall in any way, contrary to the intent of these presents, interrupt, wrong or injure them in their trade, within the said places, territories and limits granted by this Charter • And that it shall and may be lawful to and for the said Governor and Com pany, and their successors, from time to time, and at all times from henceforth, to erect and build such castles, fortifications, forts, garrisons, colonies or plantations, towns or villages, in any parts or places within the limits and bounds granted before in these presents unto the said Governor and Company, as they in their discretion shall think fit and requisite, and for the supply of such as shall be needful and convenient, to keep and be in the same, to send out of this kingdom, to the said castles, forts, fortifications, garrisons, colonies, plantations, towns or villages, all kinds of clothing, provisions or victuals, ammunition and implements necessary for such purpose, paying the duties and customs for the same, as also to transport and carry over such number of men being willing thereunto, 6r not prohibited, as they shall think fit, and also to govern them in such legal and reasonable manner as the said Governor and Company shall think best, and to inflict punishment for misdemeanours, or impose such fines upon them for breach* of their orders as in these presents are formally expressed : And further, our will and pleasure is, and by these presents, for us, our heirs and successors, we do grant unto the said Governor and Company, and to their successors, full power and lawful authority to seize upon the per sons of all such English, or any other our subjects, which shall sail into Hudson's Bay, or inhabit in any ofthe countries, islands, or territories hereby granted to the said Governor and Company, without their leave and license, and in that behalf first had and obtained, or that shall contemn or disobey their orders, and send them to England ; and that all and every person or persons, being our subjects, any ways employed by the said Governor and Company, within any the parts, places, and limits aforesaid, shall be liable unto and suffer such pnnishment for any offences by them committed in the parts aforesaid, as the President and Council for the said Governor and Company there shall think fit and the merit of the offence shall require, as aforesaid ; and in case any person or persons being convicted and sentenced by the President and Council of the said Governor and Company in the countries, lands, or limits aforesaid, their factors or agents there, for any offence by them done, shall appeal from the same, that then and in such case it shall and may be LICENSE OF EXCLUSIVE TRADE TO THE HUDSON'S BAY COMPANY, 1821. 37 lawful to and for the said President and Council, factors or agents, to seize upon him or them, and to carry him or them home prisoners into England, to the said Governor and Company, there to receive such condign punishment as his case shall require, and the law of this nation allow of ; and for the better discovery of abuses and injuries to be done unto the said Governor and Company, or their successors, by any servant by them to be employed in the said voyages and plantations, it shall and may be lawful to and for the said Governor and Company, and their respective President, Chief Agent, or Governor in the parts aforesaid, to examine upon oath all factors, masters, pursers, supercargoes, com manders of castles, forts, fortifications, plantations or colonies, or other persons, touching or concerning any matter or thing in which by law or usage an oath may be administered, so as the said oath, and the matter therein contained be not repugnant, but agreeable to the laws of this realm : And we do hereby straitly charge and command all and singular our Admirals, Vice-Admirals, Justices, Mayors, Sheriffs, Constables, Bailiffs, and all and singular other our officers, ministers, liege men and subjects whatsoever to be aiding, favouring, helping, and assisting, to the said Governor and Company, and to their successors, and their deputies, officers, factors, servants, assigns and ministers, and every of them, in executing and enjoying the premises, as well on land as on sea, from time to time, when any of you shall thereunto be required ; any statute, act, ordinance, proviso, proclama tion or restraint heretofore had, made, set forth, ordained, or provided, or any other matter, cause or thing whatsoever to the contrary in anywise notwithstanding. In witness whereof we have caused these our Letters to "be made Patent. Witness OURSELF at Winchester, the second day of May, in the two-and-twentieth year of our reign. • By Writ of Privy Seal. PlGOTT. LICENSE OF EXCLUSIVE TRADE To the Hudson's Bay Company, December, 1821. George R. George the FOURTH, by the Grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith. To all to whom these presents shall come, greeting : Whereas an Act passed in the second year of our reign, intituled, " An Act for regu lating the Fur Trade, and for establishing a Criminal and Civil Jurisdiction within certain parts of North America ; " wherein it is amongst other things enacted, that from and after the passing of the said Act, it should be lawful for us, our heirs or successors, to make Grants or give our Royal License, under the hand and seal of one of our Principal Secre taries of State, to any body corporate or company, or person or persons, of or for the ex clusive privilege of trading with the Indians in all such parts of North America as should be specified in any such Grants or Licenses respectively, not being part of the lands or territories heretofore granted to the Governor and Company of Adventurers of England trading to Hudson's Bay, and not being part of any of our provinces in North America, or of any lands or territories belonging to the United States of America, and that all such Grants and Licenses should be good, valid, and effectual, for the purpose of securing to all such bodies corporate, or companies, or persons, the sole and exclusive privilege of trading with the Indians, in all such parts of North America (except as thereinafter excepted) as should be specified in such Grants or Licenses, anything contained in any Act or Acts i ot Parliament, or any law to the contrary notwithstanding ; and it was in the said Act further enacted, that no such Grant or License made or given by us, our heirs or successors, of any such exclusive privileges of trading with the Indians in such parts of North America as aforesaid, should be made or given for any longer period than 21 years, and that no rent 38 license of exclusive trade to the Hudson's bay company, 1821. should be required or demanded for or in respect of any such Grant or License, or any privileges given thereby, under the provisions of the said Act, for the first period of 21 years ; and it was further enacted, that from and after the passing of the said Act, the Governor and Company of Adventurers of England trading to Hudson's Bay, and every body corporate and company, and person, to whom every such Grant or License should be made or given as aforesaid, should respectively keep accurate registers of all persons in their employ, in any parts of North America, and should once in each year return to our Prin cipal Secretaries of State accurate duplicates of such registers, and should also enter into such security as should be required by us for the due execution of all criminal processes, and of any civil process in any suit where the matter in dispute shall exceed £200, and as well within the territories included in any such Grant as within those granted by Charter to the Governor and Company of Adventurers of England trading to Hudson's Bay, and for the producing and delivering into safe custody for the purpose of trial, all persons in their employ, or acting under their authority, who should be charged with any criminal offence, and also for the due and faithful observance of all such rules, regulations and stipu lations as should be contained in any such Grant or License, either for gradually diminish ing and ultimately preventing the sale or distribution of spirituous liquors to the Indians, or for promoting their moral and religious improvement; or for any other object which we might deem necessary for the remedy or prevention of any other evils which have been hitherto found to exist : And whereas it was also in the said Act recited, that by a Con vention entered into between his late Majesty and the United States of America, it was stipulated and agreed, that every country on the north-west coast of America, to the west ward of the Stony Mountains should be free and open to the citizens and subjects of the two powers for the term of ten years from the date of the signature of that Convention ; and it was therefore enacted, that nothing in the said Act contained should be deemed or construed to authorize any body corporate, company or person to whom His Majesty might, under the provisions of the said Act, make or grant or give a License of exclusive trade with the Indians in such parts of North America as aforesaid, to claim or exercise any such excksive trade within the limits specified in the said article, to the prejudice or exclusion of any citizens of the said United States of America, who might be engaged in the said trade : Provided always that no British subject should trade with the Indians within such limits without such Grant or License as was by the said Act required. And whereas the said Governor and Company of Adventurers of England trading into Hudson's Bay, and certain associations of persons trading under the name of the " North west Company, of Montreal," have respectively extended the fur trade over many parts of North America, which had not been before explored : And whereas the competition in the said trade has been found for some years past to be productive of great inconvenience and loss, not only to the said Company and associations, but to the said trade in general, and also of great injury to the native Indians, and of other persons our subjects : And whereas the said Governor and Company of Adventurers of England trading into Hudson's Bay, and William M'Gillivray, of Montreal, in the Province of Lower Canada, esquire, Simon M'Gillivray, of Suffolk Lane, in the City of London, mevchant, and Edward Ellice, of Spring Gardens, in the County of Middlesex, esquire, have represented to us, that thev have entered into an agreement, on the 26th day of March last, for putting an end to the said competition, and carrying on the said trade for 21 years, commencing with the outfit of 1821, and ending with the returns of 1841, to be carried on in the name of the said Governor and Company exclusively ; And whereas the said Governor and Company, and William M'Gillivray, Simon M'Gillivray, and Edward Ellice, have humbly besought us to make a Grant, and give our Royal License to them jointly, of and for the exclusive privilege of trading with the Indians in North America, under the restrictions and upon the terms and con ditions specified in the said recited Act : Now know ye, That we, being desirous of encouraging the said trade and remedying the evils which have arisen from the competition which has heretofore existed therein, do grant and give our Royal License under the hand and seal of one of our Principal Secretaries of State, to the said Governor and Company, and William M'Gillivray, Simon M'Gillivray, and Edward Ellice, for the exclusive privilege of trading with the Indians in all such parts of North America to the northward and westward of the lands and territories belonging to the United States of America as shall not form part of any of our pro- FRENCH OFFICIAL DESCRIPTIONS OF THE BOUNDARIES, 1598. 39 vinces in North America, or of any lands or territories belonging to the said United States of America, or to any European government, state or power ; and we do by these presents give, grant and secure to the said Governor and Company, William M'Gillivray, Simon M'Gillivray, and Edward Ellice jointly, the sole and exclusive privilege, for the full period of 21 years from the date of this our Grant, of trading with the Indians in all such parts of North America as aforesaid [except as thereinafter excepted] ; and we do hereby de- dare that no rent shall be required or demanded for or in respect of this our Grant and License, or any privileges given thereby, for the said period of 21 years, but that the said Governor and Company, and the said William M'Gillivray, Simon M'Gillivray, and Edward Ellice shall, during the period of this our Grant and License, keep accurate regis ters of all persons in their employ in any parts of North America, and shall once in each year return to our Secretary of State accurate duplicates of such registers, and shall also enter in and give security to us, our heirs and successors, in the penal sum of £5,000, for ensuring, as far as in them may lie, the due execution of all criminal processes, and of any civil process in any suit where the matter in dispute shall exceed £200, by the officers and persons legally empowered to execute such processes within all the territories included in this our Grant, and for the producing and delivering into safe cus tody, for purposes of trial, any persons in their employ, or acting under their authority within the said territories, who may be charged with any criminal offence. And we do also hereby require, that the said Governor and Company, and William M'Gillivray, Simon M'Gillivray, and Edward Ellice shall, as soon as the same shall be con veniently done, make and submit for our consideration and approval such rules and regu lations for the management and carrying on the said fur trade with the Indians, and the •conduct of the persons employed by them therein, as may appear for us to be effectual for gradually diminishing or ultimately preventing the sale or distribution of spirituous liquors to the Indians, and for promoting their moral and religious improvement. And we do hereby declare, that nothing in this our Grant contained shall be deemed or construed to authorize the said Governor and Company, or William M'Gillivray, Simon M'Gillivray and Edward Ellice, or any person in their employ, to claim or exercise any trade with the Indians on the north-west coast of America to the westward of the Stony Mountains, to the prejudice or exclusion of any citizens of the United States of America who may be engaged in the said trade : Provided always, that no British subjects other than and except the said Governor and Company, and the said William M'Gillivray, Simon M'Gillivray, and Edward Ellice, and the persons authorized to carry on exclusive trade by them on Grant, shall trade with the Indians within such limits during the period of this our Grant% Given at our Court at Carlton House, the 5th day of December, 1821, in the second year of our reign. By His Majesty's command, Bathurst. (fffkial ant) Historical gescriptitrns of §mtnbarks oi (ftanaoa, . FRENCH OFFICIAL DESCRIPTIONS. 1598.— The Letters Patent appointing Sieur de la Roche, January 12, 1598,* make him Lieutenant-General of "Canada, Hochelaga, Newfoundland, Labrador, the River of the' Great Bay, of Norembegue, and the lands adjacent to the said provinces * Histoire de la Nouvelle France, par Marc L'Escarbot, ed. 1618, p. 408. 40 FRENCH OFFICIAL DESCRIPTIONS OF THE BOUNDARIES, 1603-1657. and rivers which are the whole length and depth of the country, provided they are not inhabited by the subjects of any other Christian Prince." 1603. — Description in the Commission of Sieur de Monts, November 8, 1603*: — " We constitute and appoint you our Lieutenant-General, to represent our person in the countries, territories, coasts and confines of Acadia : Commencing at the fortieth degree of latitude and extending to the forty-sixth, and within these limits, or such, part thereof as it may be possible to penetrate, and therein make known our name and extend our power and authority; and to bring into subjection, submission, and obedience all the people within the said limits and those of the adjoining country." 1605. — The description in a declaration of the King on the subject of the Commis sion of de MoNTS, February 8, 1605, is in different wordst : — " to represent our person on the coasts and in the interior of the limits of Acadia, Canada, and other places in New France, and to colonize the country." 1612. — Charles de Bourbon, Count de Soissons, Peer and Grand Master of France, the King's Lieutenant-General in New France, in virtue of the power which the King had conferred upon him, commissioned Champlain, October 15, 1612,J to build forts " not only in Quebec, but in other places where our authority extends, and so far in the interior as he may be able, to establish and make known the name, power and authority of His Majesty, and therein to bring under subjection, submission and obedi ence, all the people of this and the surrounding country. . . for this purpose to make discoveries and explorations in the said territories, especially above the place called Quebec, as far in the interior as he can penetrate, whether overland or by means of the rivers which discharge into the said great river, the St. Lawrence, with the view of attempting to find a practicable road through the said country to China and the East Indies, or taking another route as far as he can penetrate along the coasts or in the interior." 1651. — Provision in favour of Sieur de Lauzon, appointing him Governor and Lieutenant of the King, January 17th, 1651, "over the whole extent of the River St. Lawrence, in New France, the isles and lands adjacent, on both sides of the river and the other rivers that discharge therein, as far as its mouth, taking in ten leagues near to Miscou on the South, and on the north as far as the lands of the said country exteud, (du nord, autant s'etendent les terres du dit pays) in the same manner that it was held and exercised by Sieur Daillebout." § 1657. — The extent of the country mentioned in the Commission of Sieur de Lauzon, is repeated in the " Lettres Patentes du Gouverneur de la Nouvelle France," in favour of Vicomte d'Argenson, of 26th January, 1657. * L'Escarbot, p. 419 T Ibid, p. 427. t Voyages du Sieur Champlain ed. ^ 830, pp. 307-8. § Commissions des Gouverneurs et Intendants, T. 1 1. BOUNDARIES BETWEEN NEW FRANCE AND LOUISIANA. 41 1663 — Letters Patent appointing SiEUR de Mezy, Governor, for three years, over " the country traversed by the St. Lawrence, in New France," in the place of Sieur du Bois d'Avangour, recalled by the King on the 1st May, 1663.' 1665. — The Commission of M. Talon, of March 23, 1665, makes him Intendant of Justice, Police, and Finances, in " Canada, Acadia, Newfoundland, and other countries of' Northern France (France Septentrionelle.)" * 1685. — The expression, " depuis le Nord du Canada jusques a la Virginie," is used in the Commission of M. le Barrois, April 8, 1685, as agent-general for the Compagnie des Indes Occidentales. \ 1685. — The description in the prolongation of the Commission of Governor and Lieutenant-General at Quebec, granted by the King to the Sieur Huault de Mont- magny, of the 6th of June, 1685, makes him Lieutenant-General representing the person of the sovereign at Quebec, " and in the Provinces watered by the St. Lawrence, and the rivers which discharge into it, and the places that depend thereon in New France." 1688. — The commission of M. de Bouteroue, April 8, 1688, Intendant, is in the same terms as that of M. Talon, (1665.) 1748. — The commission of M. Bigot, Jauuary 1st, 1748, makes him Intendant of Justice, Police, Finances, and Marine, in " our country of Canada, Louisiana, and in all the lands and islands dependent on New France." BOUNDARIES BETWEEN NEW FRANCE AND LOUISIANA. The Charter Granted by Louis XIV. to M. Crozat, September, 1712. t (Extracts.) We by these presents, signed by our hand, have appointed and do appoint the said Sieur Crozat solely to carry on a trade in all the lands possessed by us and bounded by New Mexico, and by the lands of the English of Carolina, all the establishments, ports, havens, rivers, and principally the port and haven of the Isle Dauphine, heretofore called Massacre ; the river of St. Lewis, heretofore called Mississippi, from the edge of the sea as far as the Illinois ; together with the River of St. Philip, heretofore called the Mis souri, and of St. Jerome, heretofore called Ouabache, with all the countries, territories, lakes within land, and the rivers which fall directly or indirectly into that part of the River St. Lewis. * An evident mistake ; it should most probably be £M^er»4«e,Septentrionale. _ n„„w t Edits, Ordinances Royaux, declarations et arretsdu Conseil d'Etat duRoi Desbarats: Quebec 1803, T. I., p. 328. See also French's Hist. Coll. of Louisiana part III. p. 39 The Parliament of Par s and the Superior Council of New France were ordered to register this edict ^Crozat, Marquis du Chatel one of the great financiers of the reign of Louis XIV., from whom he obtained this Charter. He died. June 7th, 1738. 42 LETTERS patent GRANTED to THE WESTERN COMPANY, 1717. I. — Our pleasure is, that all the aforesaid Lands, Countries, Streams, Rivers and Islands be and remain under the Government of Louisiana, which shall be dependent upon the General Government of New France, to which it is subordinate ; and further, that all the lands which we possess from the Illinois be united, so far as occasion requires, to the General Government of New France, and become part thereof, reserving however to our selves the liberty of enlarging, as we shall think fit, the extent of the government of the Country of Louisiana. Letters Patent Granted to the Western Company, 1717. * (Extracts.) II. — We grant to the said Company, for the space of twenty-five years, beginning from the day of the registration of the present Letters, t the exclusive right of trading in our Province and Government of Louisiana, and also the privilege of receiving, to the exclusion of all other persons, in our colony of Canada, from the 1st of January, 1718, until and including the last day of December, 1742, all the beaver, fat and dry, which the inhabitants of the said colony shall have traded for, whilst we shall regulate, according to the accounts which shall be sent over to us from the said country, the quantities of the different sorts of beaver, that the company shall be bound to receive each year from the said inhabitants of Canada, and the prices they shall be bound to pay for them. V. With a view to give the said Western Company the means of forming a firm establishment, and enable it to execute all the speculations it may undertake, we have given, granted and conceded, do give, grant and concede to it, by these present letters, and for ever, the same way and extent as we have granted them to M. Crozat, by our letters patent of 14th September, 1712, to enjoy the same in full property, seigniory and juris diction, keeping to ourselves no other rights or duties, than the fealty and liege homage the said Company shall be bound to pay us, and to the kings our successors at every new reign, with a golden crown of the weight of thirty marks. X. The said Company shall be at liberty to establish such governors, officers, majors and others as they may think fit to command the troops, and the said governors and major officers shall be presented to us by the directors of the Company, in order that we may deliver to them our commissions. Illinois Annexed to Louisiana, 1717.J (Extract from the Registers of the King's Council of State.) 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 Gov ernment of the Province of Louisiana, by adding to it the country of the savages, called the Illinois ; the report being read and everything considered, His Majesty in Council, on the advice of the Duke of Orleans, his uncle, Regent, has united and incorporated the * Edt. Ord , etc., T. I. p. 377-8. See ako French's Hist. Coll. of Louisiana, p. 50. t The letters were registered by the Parliament of Paris, September 6, 1717, The King issued a mandement, June 19, 1718, ordering the Superior Council of Quebec to register the above Letters Patent. (See Ed. Ord. etc. T.I. p. 387-9.) t Ed. Ord etc., T. I.,pp. 375-6. On the 19th June, 1718, the King notified the Marquis de Vaudreuil, Lieutenant-Governor of New Erance, le Sieur Begon, Intendant, and the officers of the Superior Council at Quebec, to read and publish this arr6t of the Council, and ordered it to be kept and observed according to its form and tenor, notwith standing any edicts, declarations, arrSts, ordinances, rules, usages, and other, things contrary thereto. It was Registered by the Grreffier of the Superior Council of Quebec, Oct. 2, 1719. BOUNDARY DESCRIPTIONS IN ENGLISH COMMISSIONS : 1763. 43 country of the savages to the Government of the Province of Louisiana; desires and in " tends that the said Western Company 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, in habitants and others who are or who may be in the said country will recognize the authority of the General in command 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. Phelippeaux. Compared with the original by our esquire, councillor-secretary of the King, House and Crown of France, and of his finances. Le Noir. Louis XV. to MM. Beauharnois and Hocquart. Marly, May 8, 1731. They (MM. de Beauharnois and Hccquart) are to be informed that His Majesty has accepted the surrender of the Province of Louisiana, and of the Illinois country from the India Company, to date from 1st of July next. They will find hereunto annexed copies of the arret issued on this subject. That province will in future be dependent on the General Government of New France, as it was previous to the Grant to the Company. His Majesty has not determined whether the Illinois country is to remain dependent on the Government of Louisiana. That may, nevertheless, be most convenient, as the Governor-General will always be equally able to send him ordeis to it, and to be informed of what occurs there in regard to the Indians. MM. de Beauharnois and Hocquart will examine whether it be proper to leave this country in its present state, or to disconnect it from the Government of Louisiana, as was the case before it had been granted to the Company. They will be careful to report on that point, and to state the reasons for and against, whereupon His Majesty will communicate his intentions. BOUNDARY DESCRIPTIONS IN ENGLISH COMMISSIONS AFTER THE TREATY OF PARIS, 1763. 30th April, 1763. Henry Ellis, Esquire, Clerk of the Council of the Province of Canada, Commissary or Steward-General of Provisions and Stores, and Clerk ofthe Enrolments. George the Third, by the Grace of God, of Great Britain, France and Ireland, King, Defender of the Faith, &c. To all to whom these presents shall come, greeting : Know ye that We, reposing especial trust and confidence in the faithfulness, expe rience, and ability of Our trusty and well-beloved Henry Ellis, Esquire, of Our special grace, certain knowledge and mere motion, have given and granted, and by these presents for Us, Our heirs and successors, do give and grant unto the said Henry Ellis, the offices and places of Secretary and Clerk of the Council of Our Province of Canada, and of Com- . * * Which would entitle it to sell them to French subjects. 44 BOUNDARY DESCRIPTIONS IN ENGLISH COMMISSIONS: 1763. missary or Steward-General of all such provisions and stores as are or shall be from time to time provided and sent for the forces of Us, Our heirs or successors, in Our said Pro vince, and Clerk for the inrolling and registering all deeds and conveyances made and passed in that Our Province, and also all bills of sale and letters patent, or other acts or matters usually inrolled, or which by the laws of that Province shall be directed to be inrolled. And him, the said Henry Ellis, Secretary and Clerk of the Council of Our said Pro vince of Canada, and Commisary or Steward-General of all such provisions and stores as are or shall be, from time to time, provided and sent for the forces of Us, Our heirs or suc cessors, in Our said Province of Canada, and Clerk of Tnrolments, for inrolling and regis tering of all deeds and conveyances made and passed in that Our Province, and also all bills of sale and letters patent, or other acts or matters usually inrolled, or which by the laws of that Our Province shall be directed to be inrolled, We do make, ordain, and con stitute by these presents. [Commissions of Justices of the Peace, under the Public Seal of the Province for the District of Montreal or Quebec, as the case might be, contained the words " in Our Pro vince of Quebec."] 23rd September, 1763. Nicholas Turner, Esquire, Provost-Marshal ofthe Province of Canada. George the Third, by the Grace of God, of Great Britain, France and Ireland, King, Defender of the Faith, &c. To all whom these presents shall come, greeting : Know ye, that We, for divers good causes and considerations Us hereunto moving, of Our special grace, certain knowledge, and mere motion, have given and granted, and by these presents for Us, Our heirs and successors, do give and grant unto our trusty and well-beloved Nicholas Turner, Esquire, the office of Provost-Marshal of Our said Province of Canada, and him the said Nicholas Turner, Provost-Marshal of our said Province of Canada, We do, for Us, Our heirs and successors, make, ordain, and constitute by these presents, &c. 21st November, 1763. James Murray, Esquire. —Captain-General and Governor-in-Chief of the Province of Quebec. * George the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth. To our trusty and well-beloved James Murray, Esquire, greeting : We, reposing especial trust and confidence in the prudence, courage and loyalty of you, the said James Murray, of Our especial grace, certain knowledge, and mere motion, have thought fit to constitute and appoint, and by these presents do constitute and appoint you, the said James Murray, to be Our Captain-General and Governor-in-Chief in and over Our Province of Quebec, in America ; bounded on the Labrador coast by the River St. John, and from thence by a line drawn from the head of that river, through Lake St. John, to the south end of Lake Nipissim, from whence the said line, crossing the River St. * Lib. A(l) Imperial Commissions, fol. 1. Recorded in the Registrar's office in Quebec, June 7, 1766. BOUNDARY DESCRIPTIONS IN ENGLISH COMMISSIONS, 1764, 1766. 45 Lawrence and the Lake Champlain in forty-five degrees of northern latitude, passes along the highlands which divide the rivers that empty themselves into the said River St. Lawrence from those which fall into the sea; and also along the north coast of the Baye des Chaleurs and the coast of the Gulf of St. Lawrence to Cape Rosiers ; pnd from thence crossing the mouth of the River St. Lawrence by the west end of the Island of Anticosti, terminates at the aforesaid River St. John. * 19th March, 1764. James Murray, Esquire. — Vice-Admiral, Commissary, &c, in our Province of Quebec, and territories thereon depending. George the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c. To our beloved James Murray, Esquire, Our Captain-General and Governor-in-Chief in and over our Province of Quebec, in America, greeting : We, confiding very much in your fidelity, care, and circumspection in this behalf, do by these presents, which are to continue during Our pleasure only, constitute and depute you, the said James Murray, Esquire, Our Captain-General and Governor-in-Chief afore said, Our Vice-Admiral, Commissary, and Deputy in the office of Vice-Admiralty in Our Province of Quebec aforesaid, and territories thereon depending, and in the maritime parts of the same and thereto adjoining whatsoever ; with power of taking and receiving all and every the fees, profits, advantages, emoluments, commodities, and appurtenances whatso ever due and belonging to the said office of Vice-Admiral, Commissary, and Deputy, in Our said Province of Quebec, and territories depending thereon, and maritime parts of the same and adjoining to them whatsoever, according 'to the ordinances and statutes of Our High Court of Admiralty in England. And We do hereby remit and grant unto you the aforesaid James Murray, Esquire, Our power and authority in and throughout Our Province of Quebec aforementioned, and territories thereof, and maritime parts whatsoever of the same and thereto adjacent, and also throughout all and every the sea-shores, public streams, ports, fresh water rivers, creeks and arms as Well of the sea as of the rivers and coasts whatsoever of our said' Pro vince of Quebec, and territories dependent thereon, and maritime parts whatsoever of the same and thereto adjacent, as well within liberties and franchises as without. [The expression " Our Province of Quebec and territories thereon depending," or " territories depending on the same," or " territories dependent thereon," occurs seven or eight times.] 7th April, 1766. Guy Carleton, Esquire. — Lieutenant-Governor of the " Province of Quebec, in America." 25th September, 1766. In Lieut.-Gov. Carleton's appointment of Francis Maseres as Attorney-General, the attesting clause of the commission reads— -,,„,,, -^ ¦ Witness Our trusty and well-beloved the Honourable Guy Carleton, Esquire, our Lieutenant-Governor and Commander-in-Chief in and over our said Province of Quebec, and the territories depending thereon in America^&t our Castle of St. Lewis, in our City of Quebec, the twenty-fifth day of September, in the year of our Lord one thousand seven hundred and sixty-six, and in the sixth year of our reign. Guy Carleton. 46 BOUNDARY DESCRIPTIONS IN ENGLISH COMMISSIONS, 1768, 1774. 12th April, 1768i Sir Guy Carleton— Captain-General and Governor-inrChief of the Province of Quebec* Our Province of Quebec in America, 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 St. John to the south end of Lake Nipissim, from whence the said line crossing the River Saint Lawrence and the Lake Champlain in forty-five degrees northern latitude, passes along the high lands which divide the rivers that empty themselves into the said River Saint Lawrence from those which fall into the seaKand also along the north coast of the Bay Des Chaleurs and the coast of the Gulf of St. Lawrence to Cape Roziers, 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 of St. John, together with all the rights, mem bers, and appurtenances whatsoever thereto belonging. 27th December, 1774. Sir Guy Carleton — Captain-General and Governor-in-Chief of the Province of Quebec.^ And further know you, that we, reposing especial trust and confidence in the prudence, courage and loyalty of you, the said Guy Carleton, of our especial grace, certain know ledge, and mere motion, have thought fit to constitute and appoint you, the said Guy Car leton, to be our Captain-General and Governor-in-Chief in and over our Province of Quebec, in America, comprehending all our Territories, Islands and Countries in North America, bounded on the south! hy a line from the Bay of Chaleurs, along the highlands which divide the rivers that empty themselves into the River St. 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 Champlain, until in the same latitude, it meets with 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, following the said bank until the same shall be inter sected by the northern boundary granted by the Charter ofthe Province of Pennsylvania, in case the same shall be so intersected, and from thence along the said northern and western boundaries of the said Province, until the said western boundary strikes the Ohio ; but in case the said bank of the said lake shall not be fouud to be so intersected, then following the said bank until it shall arrive at that point of the said bank which shall be nearest to the north-western angle of the said Province of Pennsylvania, and thence by a right line to the said north-western angle of the said Province, and thence along the western boun dary of the said Province until it strikes the River Ohio, and along the bank of the said river westward to the banks of Mississippi, and northward along the eastern bank of the said river to the southern boundary of the territory granted to the Merchants Adventurers of England trading to Hudson's Bay, and also all such Territories, Islands and Countries which have, since the tenth day of February, one thousand seven hundred and sixty-three been made part of the Government of Newfoundland as aforesaid, together with all the rights, members and appurtenances whatsoever thereunto belonging. * Lib. C. (3), Imperial Commissions, Fol. 33. ¦f Lib. B. (2), Imperial Commissions, Fol. I. r>« * lh,s des-nption is printed from a copy of the Commission in the office of the Secretary of State at Ottawa Thewords < on the south " are omitted m the Commission as printedin "Additional PapclTcon- cernmg the Province of Quebeck; being an, appendix to the book entitled 'f An account of the P~oceedUim \oi Sic British and other Protestant Inhabitants of the Province of Quebeck, in North America, in order toobSl Home of Assembly m that Province; by P. Maseres, Corsitor, Baron. London : Soldbv W Whito H„Z!'!n j Fleet Street, MDCCLXXVI." Maseres probably obtained his copy from the office of ih^w£j"& State, or of the Crown Law Department, in England. The copy in the Secretary of State's office at Ottawa does not appear to be certified in any way. ^ "' "J™-*™ BOUNDARY DESCRIPTIONS IN ENGLISH COMMISSIONS, 1775-1786. 47" 17th April, 1775. Edward Abbott, Esquire. — Lieutenant-Governor and Superintendent of St. Vincenne* George the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c. To our trusty and well-beloved Edward Abbott, Esquire, greeting : We, reposing especial trust and confidence in your loyalty, integrity and ability, do, by these presents, constitute you and appoint you to be Lieutenant-Governor and Super intendent of the post established upon the River Wabache, heretofore called St. Vincenne, in our Province of Quebec, in America, to have, hold, exercise, and enjoy the same from and after the first day of May next, during our pleasure, with all the rights, privileges, pro fits and perquisites to the same belonging or appertaining, and you are to obey such orders and directions as you shall from time to time receive from our Captain-General and Governor-in-Chief of our Province of Quebec, or from the Lieutenant-Governor or Com mander-in-Chief of our said Province for the time being. 18th September, 1777. Sir Frederick HAiinmAKD— Captain-General and Governor-in-Chief of the Province of Quebec.f [This Commission contains Boundary Line descriptions similar to that of 27th Decem ber, 1774.] ' 22nd April, 1786. Sir Guy Carleton, K. B. [afterwards Lord Dorchester] — Captain-General and Governor in-Chief of the Province of Quebec.% And -further know ye that we, reposing especial trust and confidence in the prudence, courage and loyalty of you, the said Sir Guy Carleton, of our especial grace, certain knowledge and mere motion, have thought fit to appoint you, the said Sir Guy Carleton, to be our Captain-General and Governor-in-Chief in and over our Province of Quebec, in America, comprehending all our Territories, Islands, and Countries in North America 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 Atlantic Ocean, to the north-westmost head of Connecticut River ; thence down along the middle of that river to the forty-fifth degree of north latitude ; from thence by a line due west on said latitude until it strikes the River Iroquois or Cataraqui ; thenoe along the middle of the said river into Lake Ontario ; through the middle of said lake until it strikes the communication by water between that lake and Lake Erie ; through the middle of said lake until it arrives at the water communication between that lake and Lake Huron ; thence along the middle of said water communication into the Lake Huron ; thence through the middle of said lake to the water communication between that lake and * Imperial Commissions, Vol I. + Lib B (2), Imperial Commir/ ions, Fol. 24 % Ibid, Fol. 47, 48 BOUNDARY DESCRIPTIONS IN ENGLISH COMMISSIONS: 1791. Lake Superior ; thence thi-ough Lake Superior northward of the Isles Royal and Philli- peaux to the Long Lake ; thence through the middle of said Long Lake and the water communication between it and the Lake of the Woods to the said Lake of the Woods ; thence through the said lake to the most north-western point thereof, and from thence ori a due west course to the River Mississippi ; and northward to the southern boundary of the territory granted to the Merchants Adventurers of England, trading 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 ofthe government of Newfoundland, together with all the rights, members, and appurtenances whatsoever thereunto belonging. 12th September, 1791. Guy, Lord Dorchester — Captain-General and Governor-in-Chief of the Provinces of Upper Canada and Lower Canada. Greeting : Whereas, We did by Our Letters Patent, under Our Great Seal of Great Britain, bearing date the twenty-second day of April, in the twenty-sixth year of Our reign, con stitute and appoint you Guy, Lord Dorchester [then Sir Guy Carleton], to be Our Cap tain-General and Governor-in-Chief in and over Our Province of Quebec in America, comprehending all Our Territories, Islands and Countries in North America, then bounded as in Our said recited Letters Patent was mentioned and expressed. Now Know Ye, that we have revoked, determined, and by these presents do revoke and determine, the said recited Letters Patent, and every clause, article or thing therein contained. And Whereas, we have thought fit by Our order, made in Our Privy Council on the nineteenth day of August, one thousand seven hundred and ninety one, to divide Our said Province of Quebec into two separate provinces, to be called the Province of Upper Canada and the Province of Lower Canada, by a line to commence at a stone boundary on the north Bank of the Lake St. Francis at the Cove west of the Pointe au Baudet. in the limit between the Township of Lancaster and the Seigneurie of New Longueuil, running along the said limit to the direction of North thirty-four degrees West to the westermost angle of the said Seigneurie of New Longueuil ; thence along the north-western boundary of the Seigneurie of Vaudreuil,. running North twenty-five degrees East, until it strikes the Ottowas River, to ascend the said river into the Lake Tommiscanning, and from the head of the said lake by a line drawn due north until it strikes the boundary line of Hudson's Bay ; the Province of Upper Canada to comprehend all such lands, territories and islands, lying to the westward of the said line of division, as were part of Our said Province of Quebec, and the Province of Lower Canada to comprehend all such lands, territories and. islands lying to the eastward of the said line of division, as were part of Our said Province of Quebec. And Whereas, by an Act passed in the present year of Our Reign, intituled "An " Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's " Reign, intituled ' An Act for making more effectual provision for the Government of "Quebec, in North America, and to make further provision for the Government of the said Province,' " further provision is thereby made for the good government and pros perity of Our said Provinces of Upper and Lower Canada. Further, Know Ye that we, reposing especial trust and confidence in the prudence, courage and loyalty of you, the said Guy, Lord Dorchester, of Our especial Grace, certain knowledge, and mere motion, have thought fit to constitute and appoint you, the said Guy, Lord Dorchester, to be our Captain-General and Governor-in-Chief of Uur said Province of Upper Canada, and of Our said Province of Lower Canada, respectively, bounded as hereinbefore described. BOUNDARY DESCRIPTIONS IN ENGLISH COMMISSIONS, 1796-1818. 49 *¦ 15th December, 1796. Robert Prescott, Esquire.— Captain-General and Governor-in-Chief of the Provinces of Upper and Lower Canada.* " Of our Province of Upper Canada and of our Province of Lower Canada, respectively, bounded by a line to commence at a stone boundary on the north bank of the Lake Saint Francis, at the Cove West of Pointe au Baudet, in the limit between the Township of Lancaster and the Seigneurie of New Longueuil, running along the sai'd limit in the direc tion of -North, thirty-four degrees West, to the westermost angle of the said Seigneurie of New Longueuil, thence along the north-western boundary of the Seigneurie of Vaudreuil, running North, twenty-five degrees East, until it strikes the Ottawas River, to ascend the said river into the Lake Tomiscanning, and from the head of the said lake by a line drawn due north until it strikes the boundary line of Hudson's Bay — the Province of Upper Canada to comprehend all such lands, territories and islands lying to the westward of the said line of division as were part of Our Province of Quebec ; and the Province of Lower Canada to comprehend all such lands, territories and islands lying to the eastward of the said line of division as were part of our said Province of Quebec. [The following nine Commissions contain Boundary Line descriptions similar to that of 15th December,,1796.] 29th August, 1807. Sir James Henry Craig.— Captain-General and Governor-in-Chief of the Provinces of Upper and Lower Canada.^ 2 1st October, 1811. Sir George Prevost. — Captain-General and Governor-in-Chief of the Provinces of Upper and Lower Canada.% 28th December, 1814. Gordon Drummond, Esquire. — Administrator of the Government of the Provinces of Upper and Lower Canada. § 25th March, 1816. Sir John Coape Sherbrooke. — Captain-General and Governor-in-Chief of the Provinces of •Upper and Lower Canada. || 8th May, 1818. Charles, Duke of Richmond. — Captain-General and Governor-in-Chief of the Provinces of Upper and Lower Canada.^ * Lib. E. (5), Imperial Commissions, Fol. 40. t Ibid, Fol. 89. * Ibid, Fol. 138. § Ibid, Fol. 157. || Ibid, Fol. 189. IT Ibid, Fol. 228. 4 50 BOUNDARY DESCRIPTIONS IN ENGLISH COMMISSIONS, 1820-1838. 12th April, 1820. George, Earl of Dalhousie. — Captain-General and Governor-in-Chief of the Provinces of Upper and Lower Canada* 24th November, 1830. Matthew, Lord Aylmer — Captain-General and Governor-in-Chief of the Provinces of Upper and Lower Canada.^ 24th November, 1830. Matthew, Lord Aylmer — Captain-General and Governor-in-Chief of the Provinces of Upper and Lower Canada.% 1st 7uly, 183(5. ARCHIBALD, Earl OF GoSFORD — Captain-General and Goveipior-in-Chief of the Provinces of Upper and Lower Canada. § 30th March, 1838. John George, Earl of Durham — Captain-General and Governor-in-Chief of the Province of Lower Canada. \\ Our said Province of Lower Canada -; the said Province being bounded by the adja cent Province of Upper Canada and the boundary line between the said Provinces, com mencing at a stone boundary on the north bank of the Lake St. Francis, at the Cove west of the Point au Beaudet, in the limit between the Township of Lancaster and the Seig neurie of New Longueuil, running along the said limit in the direction of north, thirty-four degrees west, to the westernmost angle of the said Seigneurie of New Longueuil ; thence along the north-western boundary of the Seigneurie of Vaudreuil, running north, twenty- five degrees east, until it strikes the Ottawas River, to ascend the said river into the Lake Temiscanning ; and which said Province of Lower Canada is also bounded by a line drawn due north from the head of the said lake until it strikes the shore of Hudson's Bay. [The two following Commissions contain Boundary Line descriptions similar to that of 30th March, 1838.] 1 3th December, 1838. Sir John COLBORNE — Captain-General and Governor-in-Chief of the Province of Lower Canada. IT * Lib. E. (5), Imperial Commissions, Fol. 255. t Ibid, Fol. 296. X Lib. F. (6), Imperial Commissions, Fol. 47. Ibid, Fol. 108. || Ibid, Fol. 132. IT Ibid, Fol. 150. BOUNDARY DESCRIPTIONS IN ENGLISH COMMISSIONS, 1839-1846. 51 6th September, 1839. Charles' Poulett Thomson, Esquire.— Captain-General and Governor-in-Chief of the Province of Lower Canada* , 29th August, 1840. Charles, Baron Sydenham, Captain-General and Governor-in-Chief of the Province of Canada, t Our Province of Canada, comprising Upper Canada and Lower Canada, the former being bounded on the east by a line dividing it from Lower Canada, commencing at a stone boundary on the north bank of Lake St. Francis, at the cove west of the Point au Baudet, in the limit between the Township of Lancaster and the Seigneurie of New Longueuil,' running along the said limit in the direction of north thirty-four degrees west to the western most angle of the said "Seigneurie of New Longueuil, thence along the north-western boundary of the Seigneurie of Vaudreuil, running north twenty-five degrees east, until it strikes the Ottawas River, to ascend the said river into the Lake Temiscanning, by a line drawn due north from the head of the said lake until it reaches the shore of Hudson's Bay ; and being bounded on the south, beginning at the said stone boundary between Lancaster and Longueuil, by the Lake St. Francis, the River St. Lawrence, the Lake of the Thousand Islands, Lake Ontario, the River Niagara, which falls [leads] into Lake Erie, and along the middle of that lake ; on the west by the Channel of Detroit, Lake St. Clair, up the River Saint Clair, Lake Huron, the west shore of Drummond Island, that of St. Joseph and Sugar Island, thence into Lake Superior. [The two following Commissions contain Boundary Line descriptions similar to that of 29th August, 1840.] 24th February, 1843. Sir Charles Theophilus Metcalfe, Captain-General and Govemor-in-Chief of the Province of Canada.% 16th March, 1846. Charles Murray, Earl Cathcart — Captain^General and Governor-in-Chief of the Province of Cdnada.% 1st October, 1846. James, Earl op Elgin and Kincardine — Captain-General and Governor-in-Chief of the Province of Canada.\\ Our said Province of Canada, comprising Upper Canada and Lower Canada, the former being bounded on the east by the line dividing it from Lower Canada, commencing at a * Lib. F. (6),. Imperial Commissions, Fol. 171. t Ibid, Fol. 188. X Lib. AA. Commissions, Fol, 405. § Lib. AS. Commissions, &c.,Fol. 141. _ || Ibid, Fol. 207. 52 BOUNDARY LINE BETWEEN NEW YORK AND CANADA. stone* boundary on the north bank of the lake St. Francis, at the cove west of the Pointe au Baudet, in the limit /between the Township of Lancaster and the Seigneurie of New Longeuil, running along the said limit in the direction of north, 34 degrees west, to the westernmost angle of the said Seigneurie of New Longeuil, thence along, the north-western boundary of the Seigneurie of vaudreuil, running north 25 degrees east until it strikes the Ottawas River, to ascend the said river into the Lake Temiscaming, by a line drawn due north from the head of the said lake until it reaches the shore of Hudson's Bay ; and being bounded on the south, beginning at the said stone boundary between Lancaster and Longeuil, by the Lake St. Francis, the River St. Lawrence, the Lake of the Thousand Islands, Lake Ontario, the River Niagara, Lake Erie, and along the middle of that lake ; on the west, by the Channel of Detroit, Lake St. Clair, up the River St. Clair, Lake Huron, the west shore of Drummond Island, that of St. Joseph and Sugar Island, thence into Lake Superior. The said Province of Lower Canada being bounded by the adjacent Pro vince of Upper Canada, and the boundary line between the said two Provinces, com mencing at a stone boundary on the north bank of the Lake St. Francis, at the cove west of the Pointe au Baudet, in the limit between the township of Lancaster and the Seigneurie of New Longeuil, running along the said limit in the direction of north 34 degrees west, to the westernmost angle of the said -Seigneurie of New Longeuil, thence along the north western boundary of the Seigneurie of Vaudreuil, running north 25 degrees east until it strikes the Ottawas River, to ascend the said river into the Lake Temiscaming ; and which said Province of Lower Canada is also bounded by a line drawn due north from the head of the said lake until it strikes the shore of Hudson's Bay. [The Commissions of Captains-General and Goveipors-in-Chief, etc., subsequent to that of the Earl of Elgin and Kincardine, 1st October, 1846, contain no Boundary Line descrip tions.] BOUNDARY LINE BETWEEN NEW YORK AND CANADA, 1768.* [An order of the King in Council, confirming the boundary line between the Pro vinces of New York and Quebec, fixed by Sir Henry .Moore, the Governor of New York, and Brigadier-General Garleton, Lieutenant-Governor of Quebec, at a meeting held for 1 that purpose ; and regulating the claims made by His Majesty's new Canadian subjects to lands situated on the south side of that line : ] ',' i At the Court of St. James, the 12th day of August, 1768 ; present the Kino-'s Most Excellent Majesty, Duke of Grafton, Duke of Rutland, Duke of Queensbury, Marquis of Granby, Earl of Litchfield, Earl of Hillsborough, Earl of Shelburne, Viscount Weymouth, Viscount Falmouth, Viscount Barrington, Viscount Villiers, Lord North, James Stewart McKenzie, Esq., Thomas Hartley, Esq., Sir Edward Hawke. Whereas there was this day real at the Board a report- from the Right Honourable the Lords of the Committee of Council for Plantation affairs, dated the ninth of this instant, upon considering a report made by the Lords Commissioners for Trade and Planta tions, upon an extract of a letter from Sir Henry Moore, Governor of New York to the Earl of Shelburne, dated the 16th January last, relative to the settling of the boundary line between that Province and Quebec ; by which report it appears that it having been mutually agreed upon between Sir Henry Moore and the Commander-in-Chief of the Province of Quebec, at a meeting for that purpose appointed, that the line of division between these Provinces should be fixed at the 45th degree of north latitude, conform able to the limits laid down in His Majesty's proclamation of October, 1763; and it having been ascertained and determined by proper observations where the said line would pass, it is therefore proposed that these proceedings above stated should be confirmed by His Majesty. • New York Council Minutes, XVI. London Documents, XLL, N. Y. Hist. Col., vol. I., p. 550. UNOFFICIAL DESCRIPTIONS OF THE BOUNDARIES. 53 His Majesty, taking the said report into consideration, was pleased, with the advice of his Privy Council, to approve thereof, and doth hereby confirm, the said proceedings above stated, and order that the said line of division be run out and continued as far as eaeh- Province respectively extends. Provided that nothing herein contained shall extend to affect the properties of His Majesty's new subjects having possessions under proper titles on those parts of the lands on the south side of the line, the dominion of which was not disputed on the part of the Crown of Great Britain. And provided also that this determination shall not operate wholly to deprive His Majesty's new subjects of such concessions on the south side of the said line, on which they may have made actual settlement and improvement, although the lands may have been disputed by Great Britain ; but that such possessors shall be entitled to so much of the said concessions as shall be proportioned to their improvements, at the rate of fifty acres for every three acres of improvements,, provided they take out grants for the same under the seal of the Province of New York, subject to the usual quit rents. And provided, also, that the grant to no one person shall exceed twenty thousand acres. And the governors or commanders-in-chief of His Majesty's said Provinces of New York and Quebec 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. Steph. Cottrell. UNOFFICIAL DESCRIPTIONS. The following is an extract from M. de Mofras' * " California " : " The treaty recog nizing the independence of the United States, signed by England in 1782, those of the 20th January and 30th September, 1783, as also the treaties of 1794 and 1795, between England and the United States, make no mention, in the article Frontiers, of the territo ries situated to the west of the Rocky Mountains. The latter only stipulates that the pos sessions of the Hudson Company shall not be accessible to citizens of the United States. Now, if the boundaries between New France and that Company were not clearly defined, even after the Treaty of Utrecht in 1713, and that of the cession of Canada in 1763, it is undeniable that either New France or the possessions of the Hudson Company extended as far as the Pacific Ocean, and that if the Spaniards first explored the north-western coast of America, the French first discovered the interior of the continent proceeding from the east westwards. All the old maps, in this in accord with the most reliable authors, place the boundary of the French possessions in Canada only at the Southern Sea. L'Escarbot, who wrote in 1617, among others, states as follows :— ' Thus our New France has for its limits, on the western side the lands as far as the sea called»the Pacific,, on this side the Tropic of Cancer ; on the south the Islands of the Atlantic sea, in the direction of Cuba and the island of Hispaniola ; on the east by the Northern sea, which bathes New France; and on the north that land called Unknown, towards the icy- sea as far as the Arctic pole.' Lastly, in a map engraved in 1757, and attached to the Memorials of the Commissioners of the Kings of France and of England in America, it may be observed that New France extended as far as the Pacific Ocean, and it shows on the western coast of America, at the 46th degree, a large river running in a direction which corresponds exactly with that of the River Columbia. There is, moreover, nothing surprising in this specific description since, from 1711 to 1754, the Captains-General of New France sent out numerous expeditions to the western part of Canada ; and after thirty years of unin terrupted explorations under the enlightened government of the Marquis de Beauharnois, an officer, M. de la Verendrye, acquired a thorough knowledge of the river and of the western sea, which were no other than the Pacific Ocean and the Columbia. ' * M Duflot de Mofras, a member of the French Legation at Mexico, whose book was published by the authority of the French Government.— The French of this extract appears in Falconer s Mississippi, p. 88. 54 UNOFFICIAL DESCRIPTIONS OF THE BOUNDARIES, 1609-1743. 1609. — L'Escarbot, an advocate of. Paris, in his Histoire de la Nouvelle France, pub lished in 1609, defines the boundaries of the French possessions in North America as extending " on the West to the Pacific Ocean, on the South to the Spanish West Indies, on the East to the North Atlantic, and on the North to the Frozen Sea." 1683-1693. — Baron La Hontan, whose Memoirs of Travels in North America* em braced the decade between 1683 and 1693, says: "All the world knows that Canada reaches from the 39th to the 65th degree of North Latitude, that is from the South of Lake Erie to the North side of Hudson's Bay, and from the 284th to the 336th degree of longitude, viz., from the River Mississippi to Cape Race. .... Were I to reckon in all the countries that lie in the north-west of Canada, I should find it larger than Europe; hut I confine myself to what is discovered, known and owned — I mean to the countries in which they have forts, magazines, missionaries, and small settlements." 1684. — Mr. Parkman, in his "Discovery of the Great West," (p. 284) says : — "the boundaries [of Louisiana] are laid down on the great map of Franquelen,t made in 1684, and preserved in the Dep6t des Cartes of the Marine. The line runs along the south shore of Lake Erie, and thence follows the heads of the streams flowing into Lake Michigan. It then runs north-west, and is lost in the vast unknown of the now British Territories. On the south it is drawn by the heads of the streams flowing into the Gulf, as far west as Mobile, after which it follows the shore of the Gulf to a little south of the Rio Grande, then runs west, north-west, and finally north along the range of the Rocky Mountains." 1708. — Captain Vetch (a British officer, and at one time Governor of Nova Scotia)' writing in 1708, says : " As to the situation of the country possessed by the French in North America, and commonly all comprehended under the prevailing name of Canada, the seat and residence of their Governor-General being upon the place properly so called, its situation is from about 54° of north latitude to the eastward of Port Nelson, in the country of the Escimoes, extending itself all the way south-west to the mouth of the Mississippi River, which falls into the Bay of Appalachio, in the great Bay of Mexico, about the latitude of 28° 30', comprehending as it goes, their part of Newfoundland, the Island of St. Peter, Acadia or Nova Scotia, which borders on the British Province of New Hampshire, whose boundary to the eastward is the little River St. Croy (as the French allege.") 1743. —Salmon's Modern History, licensed by the King, Dec. 13, 1743, says : "'As to Canada, or New France, the French would scarce admit it had any bounds to the north on this side the pole, till they were limited on that side by an article in the Treaty of Utrecht, which assigns New Britain and Hudson's Bay, on the North of Canada, to Great Britain. And Commissioners on both sides afterwards ascertained the limits,! DV an imaginary line running from a cape or promontory of New Britain in the Atlantic Ocean, 58° 30' north latitude, and running from thence south-west, to the Lake of Misconsink, or Mistassin, and from thence further south-west indefinitely to the latitude of 49°. all the lands to the north of the said line being assigned to Great Britain, and all to the south of the said line, as far as the St. Lawrence, to the French. * Pinkerton's Collection, vol. xiii. t This map is obviously founded on the Prods Verbal, by which La Salle took possession of the Valley of the Mississippi on behalf of the King of France. X This is certainly a mistake, though it seems to have been generally believed. If the boundary had been agreed upon, the -Hudson's Bay Company would not be ignorant of the fact ; nor would the French Governor of Canada, some years later have claimed the Hudson's Bay for the northern boundary of his province. UNOFFICIAL DESCRIPTIONS OF THE BOUNDARIES, 1757, 1761. 55 " The eastern boundary of New France or Canada, the French admit, are the British plantations of Nova Scotia, New England, &c. ; the southern boundary, the line which divides New France from Louisiana ; and to the westward, the French extend the country of. New France' as far as the Pacific Ocean ; and the Asiatic continent of Asia shall be found hereafter to be contiguous to North America. " However, as they (the French) have actually been possessed of some countries in Canada, between the River St. Lawrence and New Britain or Hudson's Bay, for about one hundred years, and those countries seem to be confirmed to them, as far as. the English had a right to confirm them, I shall readily allow their title to that part of Canada. But as to the rest of Canada and Louisiana, they cannot have a right to any part of them, notwithstanding the posts they have erected on those rivers. The eastern side of the Mississippi is the property of those Indians, subject to Great Britain, and the western side of it belongs to the Indians who are under the dominion of the Spaniards ; and we find the Spaniards asserting their title to it by demolishing the forts of Mons. de Salle and Mons. d'Iberville, erected on the west side of the river, and have as much right to demolish the forts the French have erected on the west side of it." And the error about the boundary line of Canada having been determined, is re peated : " And it was agreed [at Utrecht] that commissaires on the part of Great Britain and France should determine within a year the limits to be fixed between the said Bay of Hudson and the places appertaining to the French, which limits the subjects of Great Britain and France were not to pass over to each other by sea or land. And commissaires did afterwards settle the limits by an imaginary line, drawn from a promontory situate on the Atlantic Ocean, in 58° 30', and running from thence south-west to the Lake of Mis- consink, or Mistassin, and from thence south-west, indefinitely, to the latitude of 49° ; all the countries to the north being assigned to Great Britain, and all on the south, between that line and the River of St. Lawrence or Canada, to France." 1757. — Edmund Burke, in his Account of the Mwropean Settlements in America, says : " Certain British geographers agree with the French, whose maps they have for a long time servilely and shamefully copied." Again : " With regard to our claims in the Ohio and Mississippi, the rashness of some writers in a matter which is a public concern, seems to me very blamable, some of them timidly or ignorantly drawing our territories into a very inconvenient narrowness, whilst others have madly- claimed all North America from sea to sea ; some would give us very narrow bounds, whilst others would listen to no bounds at all." (1757.) And again : " Posterity will, perhaps, think it unaccountable that, in a matter of such importance, we could have been so thoughtless as to have on our back such a nation as France, without determining, even sufficiently clear to settle our own demands, what part of the country was our own right, or what we determined to leave to the discretion of our neighbours ; or that, wholly intent upon settling the sea coast, we have never cast an eye into the country, to discover the necessity of making a barrier against them, with a proper force, which formerly did not need to have been a very great one, nor to be maintained at any great expense." 1761.—" Canada, according to the English accounts, is bounded on the North by the Highlands which separates it from the country about Hudson's Bay, Labrador, or New Britain, and the country of the -Eskimeaux, and the Christinaux ; on the East, by the River St. Lawrence ; and on the South, by the Outawai River, the country of the Six Nations, and Louisiana ; its limits towards the West, extending over countries and nations hitherto undiscovered. "*- * From " A Description of New France ; or the French Dominions in North America." By T. Jefferys, -Geographer to His Majesty, 1761, p. 1. 56 MARQUIS DE DENONVILLE ON THE FRENCH LIMITS. 1763. — " The official map used by France in its negotiations with Great Britain incontesiably proves that the country north and north-west of the Mississippi was ceded as the Province of Canada." — See Falconer's Mississippi, p. 88 ; also Mofras' Explorations in Oregon and California; French's Historical Collections of Louisiana, Part III., nolie pp. 50-51. 1795.— -The Duke de la Rochefoucault, in ,his Travels in Canada, * under date of June the 22nd, 1795, says : " The British Possessions in North America are divided into Upper and Lower Canada, New Brunswick, and Nova Scotia. Only the first two of these Provinces are governed by the new constitution. The others are governed as in former times. The boundary between Upper and Lower Canada lies about one hundred miles above Montreal. The extent of Upper Canada far exceeds that of Lower Canada, as, the western boundary being undefined, it comprises all the known and unknown countries extending as far as the Pacific or Great Sea, and is bounded also northwards by unknown countries. The population of Lower Canada is estimated at about one hundred and forty thousand souls, and that of Upper Canada at thirty thousand, but this estimate seems rather high." VI. <§mmtnt$ YtfpMtiitg fety $tnth ^tttkmmU and MEMOIR OF THE MARQUIS DE DENONVILLE ON THE FRENCH LIMITS IN NORTH AMERICA. f Memorial explanatory of the right the French have to the property of the countries of North America, especially the south part of Acadia, from Plantagouet to the River Kinibeky, of the countries of the Iroquois and Hudson's Bay, with the posts occupied there by them and by the English, sent to the Court for its information, by the Marquis de Denonville, the King's Governor and Lieutenant-General in New France. Done at Versailles, the 8th March of the present year, 1688. (Extracts.) Louis. Colbert. Sieur de Champlain has treated the question very fully in his book entitled, Les Voyages de la Nouvelle France occidentals, dite Canada, par le Sr. de Champlain. A Paris, chez Pierre Le Mur, dans la grande salle du Palais, 1632. At p. 200, towards the end of that work, Sieur de Champlain makes a sort of dissertation which clearly decides the question. He gives it this title :— " Abstract of the discoveries of New France, as well what we, as of what the English have discovered, from the Virginias to Davis Strait, as of what they and we can pretend to, according to the report of the historians who have written thereupon, as I report below, which will enable every one to judge of the whole." * U. C. MSS. 1783-95, p. 222. f Paris DocumeDts, N. Y. Hist. Col., Vol. IX. p. 377. MARQUIS DE DENONVILLE ON THE FRENCH LIMITS. 57 If a desire exist, then, to treat this matter thoroughly, and to be perfectly informed of the right of the French and of the English, it is necessary only to read that abstract of Sieur de Champlain ; everything will be found very well examined, and it will appear that the French have taken possession of all the countries from Florida. to Cape Breton, prior to any other Christian Prince. For, to quote only a few words of what that abstract contains, it will be seen there that : In 1504, the Bretons and the Normands first discovered the Great Bank and New foundland, as can be seen in the History of Wiflet Sieur devMagin, printed at Douay. In 1523, Jean Varason, in virtue of a commission from Francis I., took possession of the territory beginning at the 33rd degree of latitude, as far as 47th. . In 1535, Gibault and Laudonniere having gone to Florida by authority of King Charles IX.,'to inhabit and cultivate that country, founded Carolina there in the 35th and 36th degrees. _ But particularly in 1603 and following years, Sieur de Champlain being in Canada, was in command of that colony, and in 1609, wept with the other Frenchmen into Lake Champlain, of which he took possession in the name of King Henry IV., and called' it after himself; and he relates in his book of voyages, that after he had discovered Lake Champlain, he was as far as the country of the Iroquois. In the years 1611 and 1612 he ascended the Grand River as far as Lake Huron, called the Fresh Sea ; he went thence to the Petun Nation, next to the Neutral Nation, and to the Macoutius, who were then residing near the place called Sakinau ; from that he went to the Algonquin and Huron tribes, at war against the Iroquois. He passed by places he has himself described in his book, which are no other than Detroit and Lake Erie. And as it is an established custom and right recognized among all Christian nations, that the first discoverers of an unknown country not inhabited by Europeans, who plant the arms of their prince there, acquire the property of that country for that prince in whose name they have taken possession of it : On that principle, and no author being found who states that the English had taken possession of the countries of Canada or discovered them, unless subsequently to the French, they having come to the countries of Canada, Virginia and Florida only in 1594, whilst the French took possession of them in 1504, 1523 and 1564, which fact the English cannot question, inasmuch as Jacques Cartier visited in 1534 all the coasts of that country ; his Relations and those of Alphonse Xaintongois and Varason attest it, and are inserted at length in the collections of divers accounts which Purchas and Hackluit, Englishmen, have published in London in their language. And it is notorious that Sieur Champlain did for many years prosecute the furtrade at the place where Boston now stands, and further down towards the north and east, along the same coast, during more than ten years, before any English or Dutch inhabited that quarter. The foundation of the English pretences is this : —About the year 1594, some Eng lishmen being on the coast of Florida, arrived at a place called Mocasa, and which they since named Virginia. James, King of England, granted them, for their encouragement, great privileges, among others to extend their right from the 33rd degree to the 45th or 46th. The Royal Charter was issued on the 10th of April, 1607, in these words : — '' Potestatem facimus occupandi possidendique tractus omnes ad gradum usque quadrage- simum quintum ita si a christianorum principe nulli teneantur." This is all the founda tion the English have ; it is manifestly null, because it is stated in the above letters patent of King James : — We grant them ail the countries up to the 45th degree, not possessed by any Christian Prince. Now, it is indubitable that at the date of the aforesaid grant, the King of France was in possession of at least up to the 40th degree of latitude, the place where the Dutch since settled. And in 1603, Commander de Chastes was Lieutenant-General for the Most Christian King in New France from the 40th to the 52nd degree, and it is even certain, as already stated, that, as early as the year 1523, Jean Varason took possession of all the countries from the 33rd to the 47th degree. * * * * In 1656, M. De Lauzon, the King's Governor and Lieutenant-General in New France, sent at the solicitation of the Iroquois themselves, into their country, to a place called Ganentaa, as many as sixty Frenchmen, including a garrison of twelve soldiers under the- command of Sieur Pupuis, who caused to be constructed at that place a royal fort 58 MARQUIS DE DENONVILLE ON THE FRENCH LIMITS. whither were conveyed four pieces of bronze cannon, which have remained there, and will be found again by the French who were there at the time, and are still living. This is proved by said Sieur Dupuis' commission ofthe 15th May, 1656, (App. D.) by the discharges (conges) granted by said Sieur Dupuis to some of the soldiers of the garrison of Ganentaa, on the 1st and 8th of September, 1657 ; by the account of the said soldiers ; by an Order of the Council of the last of April, 1658, and by another of said Council of 19th May, 1656, for the payment ofthe repair (refraction) ofthe arms of said soldiers, the whole being on the same sheet, signed Penvecet (App. E.) In which country the said sixty Frenchmen cleared and planted lands with French grain and other legumes, built many large houses (statement of the payments and wages made to said Sieur Dupuis and soldiers by the commissary of stores, from 26th November, 1657, also signed Penvecet- App. F.), and lived there peaceably and without any opposition on the part of those who were then in possession of Manat [Manhattan] and Orange [Albany], who, far from being masters of the country of t;he Iroquois, purchased from them some portion of their lands, when they wished for any, as they do still at present. And what is worthy of remark is that the Iroquois themselves came in 1655 on an embassy to Quebec, to request of said Sieur de Lauzon those sixty soldiers aforesaid, and conducted them, the following year, to the said place of Ganentaa, where they located, established and put them in possession (inquest made by the Lieutenant-Governor of Quebec, the 29th and 30th October,' 1658 — • App. G.), and where they remained until the Iroquois, having committed some acts of hostility in the direction of Montreal, the commander of said fort thought proper to retire with his garrison, in order to protect the sixty men aforesaid from the wicked designs the Iroquois had concocted against them. And, in order to show that the country of the Iroquois was at the disposition of the Governor of Quebec to make grants thereof in the same manner as of the other lands of his Government, it is worthy of remark that, at the time Sieur Dupuis was sent with his soldiers on the part of the king, to construct the aforesaid Fort of Ganentaa and gar rison it, M. de Lauzon made a grant in due form of a part of said lands to the Jesuit missionary fathers, who were of the sixty Frenchmen aforesaid (the deed is dated the 12th of April, 1656— App. H.) * * * * Since that time our Frenchmen have always carried on trade with the Iroquois ; M. Coureelles having gone up with a number of French to Lake Ontario, to the place named Katarakui [Kingston], where the said Iroquois being, they were (he was) received by the latter as their Father; and in the year 1673, Count de Frontenac having gone to Katara- qui, likewise accompanied by a number of Frenchmen, had a royal fort to be erected there, where the King has always kept a garrison and a Governor, whom Sieur de Frontenac caused to build at the said Katarakui divers barks which have always navigated and traded with the Senecas and other Iroquois as far as Niagara, where Sieur de la Salle (as is proved by two writings drawn up by Sieur de la Salle for the benefit of Moyse Hilser, dated at Fort CrSvecoeur, the 1st and 2nd March, 1680, which affords evidence of said Sieur de la Salle's residence and trade at Niagara in 1676 — App. N.), had built in 1676, a store, a forge, and other buildiags for the greater accommodation of the trade with the said Senecas and other Iroquois, who used to come to us in the French settlements at Kataraqui and Niagara (see the Proces Verbal, of the new entry into possession of said place of Niagara by the Marquis de Denonville, last July, 1687, on the return march of the army commanded by him against the Senecas, sigued, by collation, Penvecet — App.O.), and this trade has continued, and our Frenchmen have always had peaceable possession of the Iroquois country, going and coming to their villages, and many residing with the missionaries there, until the war with the Iroquois having broke out, the Frenchmen, missionaries and others were obliged to withdraw (see also the last two depositions in said inquest theretofore lettered G., and by the Act of the new entry into possession of the country of the Senecas, dated 19th July, 1687 — App. 21), whereupon Colonel Dongan, Governor of New York, took occasion, in 1684, to send to the Iroquois' village to set up the arms of the King of England therein and to take possession thereof, offering them powder and other munitions of war, to induce them to admit the necessity that existed of giving themselves to him. But this entry into possession being illegitimate and pos terior, by so many years, to that of the French, cannot convey any right to the English MARQUIS DE DENONVILLE ON THE FRENCH LIMITS. 59 over those lands, which already belong to the French by so many anterior titles, as has been previously remarked, and by so many lawful and incontestable rights. The futility of Sieur Dongan's claim to the property of the country of the Iroquois, and that the latter are within his government (that is proved by the said pieces signed by Collation Penvecet, and lettered P.), is manifest, according to what Sieur de Champlain hath done and what has been heretofore stated, and among other things, by a letter writ ten by the Council of Quebec, the 20th of June, 1651, to the Commissioners of New England, to the effect that the Iroquois had no connection with nor dependence on the English ; which is sustained by the commission to the Deputies therein named, from M. d'iAillebout, then Governor of New France. (This is again confirmed by the articles of peace made with M. de Tracy and the Iroquois in 1665, lettered already I., and by the Act and Declaration recently made by them a't Montreal, the 15th June, 1688 — App. L.) For, as regards Colonel Dongan's assertions that the country of the Iroquois belongs to his Government, because, according to him, it is south of his jurisdiction, we answer, in the first place, that it is not south, but in fact west-north-west of Manatte. Secondly, though it were south, that cannot derogate" from the rights of the French, who had taken possession of it even before the Dutch or English had set foot at Manatte, and who, since they are there, never opposed it, until within three or four years, which cannot confer any right on them. To come now to the possessions and establishments (these will be proved by the Acts which M. Talon has in Paris), which have been acquired in ascending the St. Lawrence, besides the post of Niagara : — Sieur de la Salle, with thirty Frenchmen, of which number was M. Jollier, priest, Superior of the Seminary of Montreal, made the tour of Lake Erie, and took possession of the circumjacent lands, after Sieur Jolliet, with Father Mar- quet, Jesuit, had long before done the same thing, in order to renew the entry into pos session of Sieur de Champlain in 1612. And after that, in 1676 (proved by a writing of said Sieur de la Salle, for the bene fit of Moyse Hillers, in March, 1680, App. N. ; by the proces verbal of the M. de Denon- ville, of last July, 1687, App. 0. ; and by the inquisition of the said Lieutenant-General of Quebec, also App., supra, G.), said Sieur de la Salle caused a ship and a large house to be built above the Falls of Niagara, within three or four leagues of Lake Erie, where are still visible the stocks whereon was built the said vessel, which having been com pleted in 1677, about the feast of St. John the Baptist, was conducted, freighted with merchandise, into the said Lake Erie, and thence passed through the Detroit, where Fort St. Joseph or Du Luth is built, (where Sieur de la Durantaye renewed the entry into pos session, which is dated 7th June, 1687, App. R.), and navigated Lake Huron as far as Missilimakinac, and thence through that of the Illinois, or Missagans,, beyond the Huron islands. Which said bark was constructed for the greater convenience of trading with the French, who inhabited the said place of Missilimakinac for more than forty years, some French established at the Bay des Puaiis, with those at Fort St. Louis, established by Sieur de la Salle, who had discovered the great river of Mississippi, and descended it as far as the South Sea. For the continuation of which trade he caused a fort and build ings to be erected, and a bark to be begun at a place called CreYecoeur, in order to pro ceed as far as the said South Sea, two -thirds of which bark only were built, the said Sieur de la Salle having afterwards employed canoes for his trade in said countries, as he had already done for several years in the rivers Oyo, Ouabache, and others in the surround ing neighbourhood, which flow into said River Mississippi, whereof possession was taken by him in the King's name, as appears by the relations made thereof. The countries and rivers of Oyo, or Abache, and circumjacent territory were inhabited by our Indians, the Chaouanous, Miamis,. and Illinois. It is to be remarked that, as early as the year 1633, a good many Frenchmen having gone up to the Hurons with the Jesuit Fathers and missionaries, settled there ; and ten years afterwards the King sent thirty soldiers thither, who remained there until the de struction of all the Hurons by the Iroquois obliged the French to retire for a time ; but they returned thither shortly afterwards in a much more considerable number, and spread themselves throughout those vast countries. (It is proved by an Arret of the Council of State of the 5th March, 1648, that his Majesty had authorized the sending to 60 MARQUIS DE DENONVILLE ON THE FRENCH LIMITS. the Huron country a company of thirty men, commanded by a captain, for the purpose of escorting the Hurons and other Indian tribes, and to accompany the missionaries, who were no longer able to continue their missions without aid.) Thirdly, what is more authentic in this, matter, is the entry into possession of all those countries, made by M. Talon, Intendant of New France, who, in 1671, sent Sieur de St. Lusson, his sub-delegate, into the country of the Outauas, who invited the deputies of all the tribes within a circumference of more than a hundred leagues, to meet at Ste. Mary of the Sault. On the 4th of June of the same year, fourteen tribes, by their ambas sadors, repaired thither, and in their presence and that of a number of Frenchmen, Sieur de St. Lusson erected there a post, to which he affixed the King's arms, and declared to all those people that he had convoked them in order to receive them into the King's protection, and in his name to take possession of all their lands, so that henceforth ours and theirs should be but one ; which all those tribes very readily accepted. The. com mission of said sub-delegate contained these very words, viz. : That he was sent to take possession of the countries lying between the east and west of Montreal to the South Sea, as much and as far as was in his power. This entry into possession was made with all those formalities, as is to be seen in the Relation of 1671, and more expressly in the record of the entry into possession, drawn up by the said sub-delegate. (See hereupon,- M. Talon, who must have the proces verbal of the entry into possession by said Sieur de St. Loison.) The next year, 1672, the River Mississippi, and, at the same time, the Illinois, Cha- ouanpus, and other tribes unknown to Europeans, were discovered by Sieur Jolliet and the Jesuit Father Marquet, who were as far as the thirty-second degree, and set up the King's arms, taking possession in his name of all those recently discovered nations. And some years after, Sieur de la Salle extended the same discovery farther, even unto the sea, taking everywhere possession by the King's arms, which he erected there. All the foregoing demonstrates sufficiently the incontestable right the French have to the Iroquois lands, to those of the Outaouas, and all the other tribes inhabiting the coun tries aforementioned, and others whereof possession_has also been taken in his Majesty's name, along the River St. Lawrence, the lakes it forms, and the rivers discharging therein, which constitute the continuation of the waters of said River St. Lawrence (the River St. Lawrence is proved by the concession of M. de Lauzon of the 15th May, 1656, to Sieur Dupuy, already mentioned under App. D.), from the gulf always following the same point of the compass, and extends beyond Lake Superior, proceeding from the Lake des Alepi- nigons [Nepigon], without any interruption of the navigation. Our barks have always sailed from lake to lake along said river, the one making the voyage from the place called La Galette, to Niagara, on Lake Ontario or Frontenac, and the others from above the Falls of Niagara unto the head of Lake Missigame, or Illinois, passing through that of Erie ; then following said River St. Lawrence by the Detroit and Fort St. Joseph, or Du Luth, and thence into Lake Huron, or the Fresh Sea, which communicates (repond) with the said Lake of the Illinois, as well as the said Lakes Superior and Des Alepinigons, where the French actually are trading and have divers establishments ; and it demonstrates their possession of the great River Mississippi, which they have discovered as far as the South Sea, on which river also they have divers establishments, as well as on that of Oyo, Oua- bache, &c, which flow into the said River Mississippi, and of the countries and lands in the vicinity of said rivers, where they actually carry on trade, which countries are easily recognized on the general maps of North America. * * TAKING POSSESSION OF THE COUNTRIES OF THE OUTAOUAS, ETC. 1671. 61 TAKING POSSESSION OF THE COUNTRIES OF THE OUTAOUAS AND OF THE INDIAN NATIONS OF THE NORTH AND WEST, AT SAULT STE. MARIE, 1671. M. Perrot's Account.* M. Intendant Talon asked me if I would consent to go up to the country of the Outaoiias, as interpreter, and to lead there a sub-delegate that he would appoint, in order to take possession of the same. I told him that I was always ready to obey him, and that my services were at his disposal. Therefore I left with M. de Saint Lusson, his sub-delegate, and we reached Montreal, where we remained till the beginning of October (1670). We were compelled, in the course of our journey, to winter amongst the Ami- koiiets ; the Saulteurs spent the winter also in the same localities. . They were notified to go back to their homes as early in the spring as possible, in order to listen to what M. Saint Lusson had to say to them and to all the tribes in the name of the King. I despatched Indians also to inform the Northern tribes that they should not fail to be in their country. I dragged and removed afterwards a canoe on the other side of the island, where I landed. . "' . . Thence we left for La Baye des Renards et Miamis, which is not very far, and I made all the chiefs come to the Sault Ste. Marie, where we intended to erect the posts and affix the arms of France, in order to take possession of the country -of the Outaoiias. That event took place in the year 1669 [1671]. I went, on the fifth of the month of May, to the Sault Ste. Marie, accompanied by the principal Chiefs of the Pouteoiiatamis, Sakis, Puans, and Malhommis (Maloumines or Folles-Avoines) ; those of the Foxes (Outagamis), Mascouetechs (Mascoutins), Kikabous and Miamis did not go beyond La Baye. . . . I found at my arrival, not only the Chiefs of the North, but also all the Kiristinons, Monsonis, and the Indians of entire neighbouring villages ; the Chiefs of the Nepissings were there also, as well as the Ami- koiiets and all the Saulteurs who inhabited the locality. The post was set up in their pre sence and the arms of France were affixed thereto with the assent of all the tribes, who not being able to write, gave us presents instead of their signatures ; they declared thus that they were putting themselves under the protection and Dominion of the King. Proces v'erbaux were drawn on the subject of this taking' of possession, upon which I signed as interpreter, with Sr. de Saint Lusson as sub-delegate ; the Revd. Fathers Mis sionaries Dablon, Allouez, Dreuillette and Marquet [Marquette]t signed afterwards, and, below the Frenchmen who were on the spot, engaged in the fur trade. The proceedings were i'n conformity with the instructions given by M. Talon. All those tribes went back afterwards to their homes, and lived during many years without any trouble on either S1Q6 I have omitted to say that the Hurons and the Outaoiias did not arrive until after the taking of possession ; because they had fled from Chagouamikon after having eaten some Sioux. They were informed of what had taken place, and they assented, like all the others, to all that had been decided or concluded. * From Mimovre sur les Mceurs, Coutumes, et Religion des Sauvagesx de V Amerique Septentrionale, par Vilnius Perrot vv 126-8. [Nicholas ' Perrot, a man of good family, was born m Canada. He was accustomed from childhood to the excitement and incidents of border life Being for a time m the service nf the Tmmits he became familiar with most of the Indian tribes upon the borders of the great lakes, and with their customs and language. These held him in extraordinary esteem and accorded him the same rights and prerogatives as their native chiefs. He appears to have established the first trading post on t\t . TWr Mississippi From 1665 to 1701 his mme was a familiar one to both French and natives, and he used his influence with the latter largely in the interests of Canada, whose successive Governors courted HsTervices His family resided at Becancourt (near Three Rivers) where he himself died during the first years of the 18th century. These particulars are gathered frpm the preface and notes to his Memoire, aBd+ TMs^^mftake^ H"d'L Father Andr^, as appears by Margry's article which follows, and ako bv a note of the French editor of Perrot's book. Father Marquette, the latter states, was with the Hurons and Outaoiias who arrived too late to take part in the ceremony. Vide Perrot's Memoire, v. 295, note by Ed. 62 TAKING POSSESSION OF THE COUNTRY OF THE UPPER MISSISSIPPI, 1680. From the Article on Louis Joliet, by Pierre Margry. * Joliet witnessed on the 16th July, 1671, the act by which Simon Francois d'Aumont, Sieur de Saint Lusson, took possession at the Sault Ste. Marie of all the adjacent country. Saint Lusson had been ordered to go to this country in order to try to discover mines of any kind, especially those of copper. Talon, besides, had instructed Saint Lusson, wherever he would pass, to take possession of the country inhabited, and to plant there the cross of Christ and the arms of France Saint Lusson, on his arrival at Sault Ste. Marie, a Jesuit mission, met the Acbiponai, the Malomechs, and the Nougets, who inhabited the vicinity. There he had collected as many of the surrounding tribes as he could ; they were fourteen in number, as follows : besides the nations of Lake Superior, the Banabeouik, the Makousitek, the Poulteatomis, the Oumalhominis, the Sassassonacottons, which inhabited the Baie des Puants. These Indians promised to inform the Illinois, Maskoutins, Outagomis, and other tribes of that taking of possession ; whilst the Christinaux, the Assenipoels, the Oumon- somi, the Outawas, BouscottousJ the Niscaks, and Masquikonkioeks, all inhabiting the Northern lands, and present at the Sault, were instructed to announce the same to the tribes with which they were in relations, and that were supposed to reside in great num bers on the shores of the sea. Saint Lusson having done, read his commission by Nicholas Perrot, King's inter preter, in the presence of these Indians, the Jesuit Fathers, and a few Frenchmen, erected a cross as a proof of his desire that Christianity should be fruitful in these local ities. The arms of France had been affixed near this cross on a cedar tree. Saint Lusson had said three times, and with a loud voice : That in the name of the Most High, Mighty and Most Powerful King Louis, fourteenth of that name, Most Christian King of France and Navarre, he took possession of the place of Sainte Marie du Sault, as well as of Lake Huron, Lake Superior, Ecaontoton Island, and of all the other countries, rivers, lakes, and streams contiguous and adjacent to those, already dis covered or to be discovered, limited on one side by the seas of the North and West, and on the other by the sea of the South, in all their length. Every time that Saint Lusson uttered these words he concluded them, raising a piece of turf, with a shout of Vive le Roi, which was repeated by the whole assembly of French and Indians. He declared afterwards to all those present, that in the future they would be subjects of the King, that they would be governed by his laws, and that no other power could occupy this country without incurring his displeasure and the effect of his arms. Joliet signed, on this occasion, after Nicholas Perrot, the act that was drawn of this taking of possession. The other Frenchmen were, the Rev. Father Claude d'Ablon, Superior of the Missions of those countries ; the Rev. Father Gabriel Dreiiillettes, the Rev. Father Claude Allouez, the Rev. Father Andre, Jacques Maugras, inhabitant of Three Rivers ; Pierre Moreau, Sieur de la Taupine, soldier of the garrison of the Castle of Quebec ; Denis Masse, Thanevis de Chavigny, Sieur de la Chevirtiere, Jacques Lagillier, Jean Maysere, Pierre Porteret, Robert Duprat, Vital Oriol, Gabriel Bon- homme, &c. RECORD OF THE TAKING POSSESSION OF THE COUNTRY OF THE UPPER MISSISSIPPI, 1680. f Canada, Bay des Puants. Record of the taking possession, in His Majesty's name, of the Bay des Puants (Green Bay), of the lake and rivers of the Outagamis (Fox River), and Maskoutins (Lake Winnebago), of the River Ouiskonche (Wisconsin), and that of the Missis sippi, the country of the Nadouesioux (Sioux), the rivers Ste. Croix and St. Peter, and other places more remote, 8th May, 1689. (sic.) 41 A writer of note, and custodian of the Archives of the Department of Marine and the Colonies at Paris. See note to Les Varennes de Verendrye, post. + Historical Collections of Louisiana and Florida. By B. F. French (second series), p. 122, FRENCH CORRESPONDENCE, 1697-1747. 63 Nicholas Perrot, commanding for the King at the post of the Nadouesioux, com missioned by the Marquis de Denonville, Governor and Lieutenant-General of all New France, to manage the interest of commerce among all the' Indian tribes and peoples of the Bay des Puants, Nadouesioux, Mascoutins, and other western nations of the Upper Mississippi, and to take possession in the King's name, of all the places where he has- hitherto been, and whither he will go. We, this day, the eighth of May, one thousand six hundred and eighty, (sic) do, in presence of the Reverend Father Marest, of the Society of Jesus, missionary among the Nadouesioux ; of Mons. de Borie-Guillot, commanding the French in the neighbourhood of Ouiskonche, on" the Mississipi ; Augustin Legardeur. Esquire, Sieur de Caumont, and of Messieurs Le Sueur, Herbert, Lemire, and Blein, declare to all to whom it may concern, that, having come from the Bay des Puants, and to the Lake of the Ouis- konches, and to the River Mississipi, we did transport ourselves to the country of the Nadouesioux, on the border of the River Sainte Croix, and at the mouth of the River Saint Peter, on the bank of which were the Mantantans, and farther up into the interior to the north-east of the, Mississipi as far as the Menchokatoux, with whom dwell the majority of the Songestikons and other Nadouesioux, who are to the north-east of the Mississipi, to take possession for, and in the name of the King, of the countries and rivers inhabited by the said tribes, and of which they are proprietors. The present Act, done in our presence, signed with our hand, and subscribed by the Reverend Father Marest, Messrs. de Borie-Guillot and Caumont, and the Sieurs Le Sueur, Hebert, Lemire, and Blein. Done at the Post St. Anthony, the day and year aforesaid. These presents are in duplicate. Signed to the original : Joseph Jean Marest, of the Society of Jesus ; N. . Perrot, Legardeur de Caumont, Le Sueur, Jean Hebert, Joseph Lemire, and F. Blein. FRENCH CORRESPONDENCE, 1697-1747. The Count de Frontenac to the Minister. Quebec, the 15th October, 1697. We have caused the King's Ordinance to be published, and have begun to carry it' into execution with the utmost severity, and orders are given, generally, to recall generally, next year, not only all the voyageurs, but also all the soldiers who are at the posts with the commandants, with out excepting the Sr. de Tonty, invalided captain, to whom I had given orders, in case the Sr. de la Mothe Cadillac should descend with the convoy of Frenchmen and savages that we were expecting, to re-ascend with these last and five Frenchmen, and with the utmost promptitude to go to Missilimakinac, and there to take command in the absence of the said Sr. de la Mothe. Posts in the North- West. Conseil de Marine, 7th December, 1717.* Messieurs de Vaudreuil and Begon having written last year that the discovery of the Western Sea would be advantageous to the colony, it was approved that, to reach it, M. de Vaudreuil should establish three posts, which he had proposed, and he was in structed at the same time to have the same established without any expense accruing to the King — as the person establishing them would be remunerated by trade — and to send a detailed schedule of the cost of continuing the discovery. In reply it is stated that M. * Library of Parliament MSS., 3rd series, vol. 6, pp. 529, 530. '64 FRENCH CORRESPONDENCE, 1697-1747. de Vaudreuil in the month of July last caused the, Sieur de la Noiie, Lieutenant, to set out with eight cannon to carry out this scheme of discovery. He gave him- instructions to establish the first post at the River Kamanistiquoya, to the north of Lake Superior, after which he is to go to Takamanigen [Takamamiononio],* near the Lake of the Christi- neaux, to establish a second, and to acquire through the Indians the information necessary for the establishment of the^third'at the Lake of the Assinipoelles [Winnipeg]. This journey costs the King nothing, because those engaged in it will be remunerated for their outlay by the trade *hich they will engage in ; but to follow up the discovery it is absolutely necessary that his Majesty should bear the expense, because the persons em ployed in it will have to give up all idea of trade. They estimate that 50 good voyageurs will be required ; of these, 24 will occupy the three posts, and the 26 others will be engaged in making the discovery from the Lake of Assenipoelles to the Western Sea. They calculate the wages of these men at 300 francs a year each, and estimate that the expenditure as well for provisions and canoes, as for goods for presents, will amount to f.29,023 10 There will have to be added, for supplementary outfit, 600 francs for each of the 6 officers employed in the discovery 3,600 00 Total 32,623 10 As it will take about two years to make this journey, they estimate that the expend iture may am'ount to fifty thousand francs. Recapitulation of the Licenses (Conges) signed by Vaudreuil and Begon, forwarded in 1717. (Extract.) Quebec, 9th Nov., 1718.+ Licenses which have been Unused Licenses. Total Licenses. made use of in 1717. in 1718. For Missilimakina 2 4 1 7 For LaBaie 0 9 0 9 For the Ouyatanons ... 0 3 1 4 For River St. Joseph... 0 6 0 6 For the Illinois 0 3 1 4 2 ,25 3 30 M. Begon to the Minister. Quebec, December 11, 1718. Le Sieur de Vaudreuil has been informed by the letters of Sieur de la Noiie, that having arrived very late at Kaministiquoya, where he found but fe,w Indians, he was unable to send any of the canoes to Kamanionen,* and that he will send them after the return of those which he sent this spring to Michilmakinac, in search of provisions ; he adds that the Indians of his post were well satisfied with this establishment, and pro mised to bring there all those who have been accustomed to trade at Hudson's Bay ; that he wrote through a Frenchman, who was at Point Chagouamigon, to a chief of the Scioux Nation, and he hopes to succeed in making peace between this nation and that of the * Takamamiouen — Rainy Lake. t Archives de Paris, 3rd series, Vol. VI., p. 943. FRENCH CORRESPONDENCE, 1697-1747. 65 Christineaux ; the accomplishment of which would put him in a condition to pursue with less risk the execution of his orders for the discovery of the Western Ocean. In the margin is written : This first article approved. MM. de Vaudreuil and Begon to the Conseil de Marine. Quebec, 14th October, 1719.* The Sieur de Vaudreuil has not received, in the present year, any letter from the Sieur de la Noiie ; he has only learnt, by way of Chagoamion, which is to the south of the bottom of Lake Superior, and where, since last year, the Sieur de St. Pierre commands, that the Sieur Pachot had passed through there on his way to the country of the Scioux, where he had been sent by the Sieur de la Noiie, with respect to the peace that he was trying to bring about between that nation and that of the Christineaux ; but that the Sieur Pachot not having returned to Chagoamion at the date when the last canoes left, no information as to the result of his voyage had been there obtained. The silence of the Sieur de la Noiie creates the belief that he has preferred to await the return of the Sieur Pachot, before giving account to the Sieur de Vaudreuil of what he has done in execution of the orders, which he had given him, and that he was not able to do so at the date of the Sieur Pachot's arrival at Gamanistigoya, because the season was then too far advanced. The Sieur de Vaudreuil believes that the absence of the Sieur Pachot will have pre vented the Sieur de la Noiie from sending this year to Takamamionen, but that that officer will have found means to attract to his post the savages who were in the habit df trading at Hudson's Bay. ( The Boundaries to be Settled — From MM. de Vaudreuil and Beoon. 26th October, 1719. They [the Canadians] have learnt with joy that his Majesty has given orders to his ambassador in England to propose and to name commissioners on both sides, to settle the limits of New France. This appears to be very necessary to be done, as the English exercise influences upon the French and the Indians in time of peace, to establish them selves on the River Naurantsonak, where they number 500 men ; showing a design to maintain themselves there in case of war, and even to drive away the Indians from this mission. M. de Beauharnois to the Minister, t i 27th September, 1727. Whilst at Montreal, I have not missed writing to the Commandants of Detroit, the Miamis and Ouiatanons, who are closer to the River Ouabache than to that of Detroit, to obtain information as to the establishments which the English intend founding on that river. On my departure from Montreal, I left orders to send a man there for that purpose. I shall have the honour of reporting to you as to what I shall learn from him on his re turn. I have been informed that last summer, the English had sent to trade in the environs of the said river ; that they had erected two cabins which served them for store-houses and that they had demolished them when about to return to Orange. On this informa tion I have sent orders not to tolerate them there in future. * Archives de Paris, 3rd Series, Vol. VII., p. 646. t Ibid, Vol. X., pp. 172-4. 5 66 FRENCH CORRESPONDENCE, 1697-1747. Extract from an Abstract, &c, of occurrences in the Colony, and of the various Intelligence received since the Departure of the Ships in November, 1746.* August 13, 1747. — Captain de Noyelle and Sieur de la Verendrye arrive fromMichili- makinac, and deliver to the General a letter dated at that post, on the 23rd July, and addressed to him by Sieur de Noyelle, junr., commanding, in the absence of M. de La Come, senior, and by other officers, who arrived from other upper posts, and happened to be then at Michilimakinac. The General is informed by this letter of the confusion that prevails among all the nations of that post and neighbourhood, Outaouais, Sauteurs, and Mississagues. The Outaouas of Saguinam have killed three Frenchmen who were coming from Detroit to Michilimakinac. Two French canoes which had gone en prime from Mon treal to the West Sea, La Mer de VOuest, have been attacked by the Sauteurs, about the place called La Cloche,t near Lake Michigan ; one, containing eight men, has been wholly defeated ; the second, by striking out into the lake and throwing its cargo overboard, es caped to Michilimakinac. Another Frenchman has been stabbed by the Sauteurs at a place called La Grosse Isle, % only two [leagues distant from the post. These Indians have offered divers insults and threats at the fort and in the vicinity ; they killed all the horses and other cattle that they could not catch ; they designed to surprise the fort, but were discovered and obliged to leave, by ringing the bell and beating the tatoo as usual, and even by making some defensive demonstrations. There had been greater reason for presuming bad intentions on the part of the Indians, inasmuch as a crowd of young men had armed themselves with knives, in a council which had been held at their request on the 3rd July, and which terminated in recrimination. The Indians have not been since permitted to enter the fort, except under certain restrictions. Some Frenchmen from Point Chagoua- migon, and M. de Noyelle, senr., on his usual return from La Mer de VOuest, arrived a few days after. Certain intelligence had also been received there from Detroit. This reinforce ment will somewhat tranquillize the fort, which contained before this arrival only twenty- eight men. An Outaoua Indian, named Nequiouamin, arrived on the 2nd July at the post, to communicate in secret to the Commandant and the Missionary, that the Iroquois, the Huron, and the Flathead, had come to an understanding with the English to destroy the French, and drive them to the other side of the Sea ; that the Outaouac of Detroit is in the plot ; that the Poutouatami will co-operate ; that the Mississague and Sauteur are gained over ; that the Outaouac of Saguinam has already struck ; that the Outaouac of Michili makinac would have taken part against us had it not been for the portion of the village which is at Montreal, and that they would yet possibly declare against us on the arrival of seventy men from Sanguinam, who are to be reinforced by the Sauteurs of Grosse Isle ; that they were to leave in a few days, and to come in the night to speak to the Outaouas of the post, and that it were well to allow: no person to go hunting, and to keep strict watch. M. de Noyelle, junr., adds that he will detain, until further orders, at Michilimakinac, the canoes which were to come from Montreal to the different posts, unless affairs changed, and it became certain that the dispositions of the Indians at these posts were altered. We are co-operating in the adoption of the most effectual measures, either to restore tranquillity at the post of Michilimakinac, or at least to place it in a proper state of defence against all attacks of the Indians. October 14th. — Sieur Masse, who has been the whole year at Cape Chat, has returned. We receive letters from Michilimakinac, informing us of the arrival of Chevalier de la Verendrye, who has found that post very quiet ; the Outaouacs are beginning to be sorry for what occurred last year. * N. Y. Hist. Col., Vol. X., pp. 119, 120, 129. t An island north of the Great Manitoulin, in Lake Huron. X An island immediately north of Maokinaw Island ; map of St. Mary's Straits in Charlevoix's. french correspondence, 1696-1747. 67 Extract, &c, of whatever occurred of interest at Quebec, and the various intelligence received there, since the sailing of the ships in November, 1747.* News from Michilimakinac. Nov. 10. — We are in receipt of letters from Michilimakinac. Lieutenant de St Pierre, who had been selected to command the convoy sent to that post, arrived there, without any accident, in 45 days. Captain de Vercheres, appointed Commandant at La Baye, and who was to remain at Michilimakinac with his traders from Montreal, had taken his departure thence for his post, with his voyageurs. M. de St. Pierre writes us on October 22nd that he has not been ahle to speak to the Indians, who were, when he arrived, all gone to their winter quarters, without having given any token of repentance for the out rage they had perpetrated. It is, hence, to be presumed that they persist in their evil dispositions ; that the Marquis de Beauharnois' orders, sent with Sieur de Laverendrye, in the month of August, have been badly executed ; that 'twas the only means of reducing those nations ; that he does not anticipate success otherwise than by depriving them of the supplies they derive for the support of their families, and which they cannot dispense with. This might have been effected, were the traders prevented going to the different posts, according to the Marquis de Beauharnois' intentions ; and this officer takes this occasion of saying that it would be well not to allow the canoes to leave Montreal next spring for Michilimakinac and other posts, until he have informed us of the sentiments in which the nations of that country will then be, and as soon as he shall have learned their intentions, he will take occasion to report them to us. [Extract of a Letter from M. Berthet, Commandant at the Illinois, to Sieur Lachine, Trader at the Ouyatanons, dated Cahos, 20th October, 1747, whereof he sends us a copy.] Sieur de Laverendrye. -March 29. — Sieur de Laverendrye, junior, has returned to Montreal with the Christi - naux and other warriors of his party. In the neighbourhood of Corlac he fell in with a party of Mohawks and Dutchmen, who were coming to Sarastua, on a scouting party. He brought two Mohawk scalps, among which is that of the principal chief of that nation ; one of a Dutchman ; and a Dutch prisoner, who reports nothing of interest — only says that there is considerable talk about peace. This first blow on the Mohawks will not fail to frighten them. Convoy to Michilimakinac. June 20. — Count de la Galissoniere orders the dispatch from Montreal of the convoy for Michilimakinac, under the command of Lieutenant de St. Vincent. This convoy is well escorted and sufficiently well provided with provisions and merchandise to supply the post abundantly. The General writes to Lieutenant de St. Pierre, Commandant there, that the convoy was delayed in the hope of receiving news from Michilimakinac, but that the advanced season obliged him to order its dispatch, though he is uninformed of what is passing at that post ; that, should the troubles continue, nothing remains to be done than to abandon, as already proposed, those posts which are exposed to danger, in order to oblige the guilty to come to Michilimakinac, and even to Montreal, in search of what they want ; that he must exact the surrender of the murderers, and, should circum stances force him, grant peace on the same conditions as those accorded to the Hurons of Detroit, who were to bring two English prisoners for every Frenchman they had killed ; the promises must, first of all, be performed, in order that these nations may not betray us, as the Hurons have done. The General leaves this officer at liberty to determine, according to circumstances, the carrying into execution the different licenses granted for the northern posts, and observes to him, nevertheless, in regard to the West Sea and Nipigon, that in case these posts were abandoned, it would be to be feared that the » N. Y. Hist. Col., Vol. X., pp. 137, 154, 167. 68 discoveries of the verendryes, 1728-1750. English might irretrievably monopolise the entire of that trade which they now share with sufficient advantage. Demands some Panis, in order to indemnify the Indians who have surrendered some English prisoners. Ensigns Laronde and Chevalier de La Verendrye have also taken their departure ; the first for Point Chagouamigon, and the second for the West Sea. DISCOVERIES OF THE VERENDRYES, 1728-1750. Les Varennes de Verendrye. (From the French of Pierre Ma/rgry* ) " There remains not even a vestige of the empire which we formerly flattered ourselves we had founded in America ;~ and the men who sacrificed their lives there, have not re ceived a sketch in our annals nor a line in our monuments." — Michel Chevalier. In 1728, Peter Gaultier de Varenne, Sieur de la Verendrye, one of the sons of the Chevalier Rene Gaultier, Seigneur de Varenne, and for 22 years Governor of the City of Three Rivers, in New France, continued in sad obscurity in the territories which surround Lake Superior, a career whch had commenced brilliantly on the battle-fields of Europe. A cadet in 1697, after two campaigns in America — the one in 1704, in New England, the other in Newfoundland in 1705- — he spent the following year in Flanders, in the Grenadiers of the 1st Battalion of the Bretagne Regiment in which his eldest brother, afterwards killed in Italy, was then captain. His conduct in this regiment merited for him the most honourable mention. Notably at Malplaquet, finding the means of dis tinguishing himself amongst his comrades, " who themselves did wonders,"t he won the rank of lieutenant, having received nine wounds, from which he recovered, contrary to every hope, after having been left as dead upon the battle-field. This commencement gave promise of a brilliant future for one so young ; but war had never been as destruc tive to the officers, of whom a great manjr perished of hunger. J M. de la Verendrye's father, a very fine man, who had no fault, says M. de Denon- ville, except the poverty which he bequeathed to his sons, forced him to return to Canada, there to accept a simple ensigncy to enable him to live. This rank, which he partly owed to the recommendation of the Marquise de Vaudreuil,§ was inferior to the one he had so gallantly purchased with his wounds. || Notwithstanding these claims to a better fortune, he, for seventeen years, vainly strove to obtain for his zeal and services a position equal to the one he had held under the Marshal de Villars. He had even several times requested permission to go to France, to obtain at Court, reparation for the oblivion in which he lived ; and he grieved deeply at being unable to succeed. But our misfortunes often form the path we have to traverse in order to attain a suc- ces we had never hoped for. M. de la Verendrye gave new proof of this. He had at length obtained leave to go to France ; and his first hopes would perhaps have been realized there, when, fortunately, he was detained by a circumstance which promised him glory conjoined with suffering. He went to the confines of the world whither he had been banished, and found the opportunity of making his name illustrious by the services he rendered his country — an advantage which men of mind esteem above honours, riches, and *¦ M. Margry is keeper of the Archives in the Department of Marine and the Colonies, at Paris, and all the correspondence whioh formerly passed between "the French officials in Canada and the King and his Ministers, are in his possession. No higher authority oould be oited than M. Margry, for no other has an equal opportunity of knowing the history of Canada, while under the Dominion of France." The following ao- oount appeared as a series of artioles iu the Monitew during the Autumn of 1852. f Lettres de Marechel de Contades, i Lavallee, Histoire de France, 2 Vols., 8vo., Chap. VI. § Etats du personnel de la Marine. || Memoire do pure de Gonor. discoveries of the verendryes, 1728-1750. 69 repose. The circumstance I refer to was one of those enterprises which the conqueror of Bing, Rolland Barrin de la Galissonniere,* then Governor of Canada, pronounced to be, " because of its dangers, its fatigues, and its cost, nobler than open war." As that with which M. de la Vcrendrye's name is associated is but little known even to those who speak of it* I will here give a slight sketch of it preliminary to a longer account which will appear elsewhere. In 1728, M. de la Verendrye, who was then in command at Lake Nepigon, to the north of Lake Superior, having received divers accounts of a river, whose course was west ward, thought it might lead to the discovery of the Western Sea ; in like manner as illus trious explorers had in, the preceding century, believed — some that the Chickahominy, a River of Virginia, f and others, the Ohio and Mississippi,^ would conduct them to the Southern Ocean. Consequently he thought to utilize these accounts ; and with a man of energy action speedily follows mature consideration. The project of discovering by the interior a passage to the Grand Ocian and by that to China, which was proposed by our officers under Henry IV, Louis XIII, and Louis XIV, had been taken up with renewed ardour during the Regency. Memorial upon memorial had been presented to the Conseil de Marine respecting the advisability and the advantages of making this discovery. Indeed the Pere de Charlevoix was sent to America, and made his great journey from the north to the south of New France for the purpose of reliably informing the council as to the most suitable route to pursue in order to reach the Western Sea. But the ardour which, during the life of Philip of Orleans, animated the Government regarding the exploration of the west, became feeble and at length threatened to be totally extinguished, without any benefit being derived from the posts which they had already established in the country of the Sioux and at Kamanistigoya. When M. de Verendrye came down to Michilimakinac with the intention of letting the Governor of the Colony know what information he had obtained from the savages respecting the river of the west, he met Father Gonor who had just arrived from the recently established posts of the Sioux, whither he had been sent during the preceding year as missionary. The Regent, in choosing between the two plans that Father Charlevoix presented to him at the close of his journey for the attainment of a knowledge of the Western Sea, through an unfortunate prudence, rejected the plan which it is true was the most expen sive and uncertain — an expedition up the Missouri to its source and beyond — and decided to establish a post amongst the Sioux. The Regent thus set aside the scheme which afterwards led Lewis and Clark to the Columbia ; but he thought that through the estab lishment of this post more certain accounts than those already to hand would be ob tained respecting the route to the Grand Ocean, and that then would be the time to incur the expense of the exploration. The post of the Sioux was consequently established in 1727 by Boucher de Montbrun and Father Guignas.§ Father Gonor, however, was obliged to return without having been able to discover anything that could satisfy the ex pectations of the Court respecting the Western Sea. The meeting at Michilimakinac with M. de la Verendrye, who, on his part was anxious to communicate to the Father the knowledge he sought, was equally pleasing to both the missionary and the officer. Each obtained what he desired — the one information, the other protection. Father Gonor took charge of the memorials of M. de la Verendrye, and promised to support them, which he afterwards really did. Entering into the same idea as M. de la Verendrye, he con cluded it would be preferable, in the interests of the discovery they had in view, to esta blish themselves with the Christinaux, or with the Assiniboels, than to remain with the Sioux. " This was also," wrote he, " the sentiment of Father Guignas, whom I have often heard say that it was a vain endeavour to seek through the Sioux a path to the Western Sea." The discovery of this sea, which for the fifty years following the death of Cavalier de la Salle, had been incessantly sought after, thus touched on a new and most * Lettre a M. de Maurepas. t History of Virginia. _-—-"'' + MS. de l'Abbe Dolier de Gasson. Relations des Jesuites. Lettres de Jean Talon, Frontenac ^t autres § Relation d'une grand riviere, qui a flux et reflux, presentee par le p*>*© ie Gonor, Jesuite mission aire des Sioux, 3 NovenjberTl728. (Account of a large river, which ebbs and flows, given by Father Gonor, a Jesuit missionary of the Sioux, 3rd November, 1728.) 70 DISCOVERIES OF THE VERENDRYES, 1728-1750. interesting epoch. Action and research were now to replace theory ahd conjtjabure. It is of these actions and researches that I now desire to give a summary. Not contented with his first step, and after having obtained other information respect ing the River of the West (Riviere du Couchant), and having secured amongst the Indians a brave and faithful guide, capable of conducting a convoy,* M. de la Verendrye himself went to Quebec to discuss with the Governor of New France the project he had formed of going to explore first the River of the Assiniboels, and then the rivers situated towards Lake Ouinipigon, to within 500 leagues of Kamanistiguoya, thinking that at this distance one would be found leading to the sea. The Governor who succeeded the « Marquis de Vaudreuil (whose death occurred in 1725), was the Marquis Charles de Beauharnois, a member of a family that through its services, and its relationship to the Pontchartrains, held the highest positions in both the naval and colonial services. As captain of his ship, remarkable for his bravery in several combats, and particularly in 1707, on board the Achille,f he was not less distinguished by his extensive knowledge. For these several reasons he was not indifferent to the projects of M. de la Verendrye. In the preceding year even, M. de Beauharnois had already shown his sympathy, by restoring him to the rank he held in 1710. But he was induced also by another consideration to patronize the scheme. The glories of discovery were not unknown to the Beauharnois family. One of the Governor's brothers, Claude de Beauharnois de Beaumont, had, as ensign of a ship, taken an active part in the discovery of the Mississippi, an enterprise undertaken by sea under DTberville and De Surgeres ; and in listening to M. de la Verendrye, he must have con ceived the wish to add to this precedent in the history of his family the honour to be derived from promoting an undertaking of this kind. M. de Beauharnois had as an incentive the thought which formerly animated Samuel Champlain, the Recollets, the Jesuits and the Sulpicians, Jean Talon, the Count de Frontenac, the Cavalier de la Salle, the Marquis de Vaudreuil, and the Intendants Raudot, in the execution or the protection of those enterprises of which this last was the continuation. He hoped that from this expedition New France would gain considerable advantages as regarded both trade and science, and that great light would be thrown upon the geography of the new continent, even if the problem of the separation of America and Asia towards the north was not solved on this occasion, — a problem proposed from the time of Cabot's voyage in 1497, and whose solution should have been the principal object of the expedition. The West and the North- West of America being still unknown from California to Hudson's Bay, and the remote east of Asia being equally so, as well as the sea which in that direction divided the old world from the new, there were learned men who agreed with the navigators of the 16th century, that the union of the two continents was to be found in the latitude where Behring subsequently discovered the straits that bear his name. In 1718, Father Bobe, a priest of the Congregation, who had strongly incited the Regent and his ministers to the discovery of the Western Sea, considered the space be tween New France and the Straits of Uriez as a vast territory.^ This ecclesiastic, who in other respects was a very learned man, thought that in travelling between the 47th and 70th degrees of latitude no sea would be found until the Gulf of Amur was reached, " which was formed by the countries of Japan, Tartary and Bourbonie." The latter name he gave to that imaginary country which it appeared to him should join America and Asia, and " by which'" as he says, " the Tartars and the Tartarised Israelites passed after the dispersion of Salmanazar, as is proved by the appearance of the Sioux, who resemble the Tartars." These chimeras of an enlightened man, believed in also by others no less so, led to the wish that France, placed by her possession of Canada in a position to realize the error, would send across North America an exploring expedition, which might dissipate the darkness resting upon the north-west of the continent. M. de Beauharnois perceived w.ithout difficulty the importance of such an exploration, and by kindly receiving the proposal of M. de la Verendrye, he hoped to lift the veil * Memoire de la Verendrye, appended to the letter of M. de Beauharnois, of the 10th October, 1730. T Gazette de France, Personnel de la Marine. + Memoire pour la deoouverte de la mer de l'Ouest, pre'sentee' en Avril, 1718. DISCOVERIES OF THE VERENDRYES, 1728-1750. 71 which hid the ends of the world. Unfortunately, not daring to take that initiative which at this time, and under the pretext of this discovery, was taken by the Governor of Louisiana, M. de Bienville, a man less honest than he, he found himself unable to do any thing except under conditions which would take the honour of making the discovery of the Western Sea from France. The Russians were our rivals in the project. Before his death, Peter the Great, who came -to Paris in April, 1717, two months after William Delisle had presented his memoir on the Western Sea to the Regent, called to mind as well his conversations with that great geographer, as his promises to the Academy of Sciences,* and he determined that the space between Asia and America should be ex plored by the east. His successors, in compliance with the orders contained in his will, which was his last act on behalf of Russia, concluded to despatch Vitus Behring and Thschi- rikoff, who were to advance eastwards to the Western Sea, and so reach America, while the French officers, by a singular coincidence, would (under the government of one whose grand-nephews were to approach the throne of Peter the Great), explore the interior of the western territories. But the one party were to be aided by their Princes whilst the others would have to depend solely on themselves, notwithstanding the kindness of the Governors of Canada who were unable to proffer them anything but sympathy. After M. de Beauharnoist had examined, with Chaussegros de Lery, the engineer, the map which had been made by the savage Ochagach, whom M. de la Verendrye chose as gujde, he agreed with that engineer that New France " being traversed by two large streams having their sources in the centre, the one — the St. Lawrence — flowing to the east, and the other — the Mississippi— to the south, there could not be a tract of the width "of 7 or 800 leagues to the westward without being likewise crossed by a large river." Such a thing would be contrary to all that had been ascertained in other coun tries, where so extensive a tract is always traversed by a large river. This argument rendered the reports of the savages probable, from which, and considering the rumb line they gave the river, M. de Beauharnois and M. de Lery thought they could reach either the estuary discovered by D'Aguilar, or some other below California. These considerations gave the Governor some hopes of success, which were increased by the character and tried intrepidity of M. de la Verendrye, whose family held des- tinguished positions in the army and church, and even in the Sovereign Council, where one of his brothers held the position of Conseiller-clerc. To him therefore he confided the execution of the enterprise of which he himself was the patron. Still as he was not blind to the many difficulties of such an enterprise, he deemed it prudent that before' travelling through such extensive and unknown countries, the explorer should feel his way and at all events establish a post beyond the known limits, so that after having entered into rela tions with the Indians he might penetrate further. M. de Beauharnois doubtlessly hoped that when he would be able to speak with a better knowledge of facts, lie would obtain the King's protection for the men who so generously devoted themselves to this enterprise. He commanded M. de la Verendrye to first establish a post on Lake Ouinipigon with 50 men and a missionary, and he gave him:j: in order to surmount the difficulties of the establish ment, the profits of the exclusive right to the fur trade. Anxious to commence, M. de la Verendrye, by an agreement, signed on the 19th May, 1731, in presence of M. de Chassaigne, Governor of Montreal, entered into partnership with certain persons who advanced goods and equipments, and on the 26 th August, after having passed Michilima kinac, where he secured Father Messager as missionary, he found himself at the Grand Portage of Lake Superior, 15 leagues to the S. S. W. of Kamanistigoya. These beginnings of his enterprise proved to M. de la Verendrye how great the dangers and expense entailed by such an exploration. He had taken but a few steps in the wilderness when he again placed himself, his nephew, and his two sons at the disposal of the ministry for the purpose of commencing the expedition. On the 10th of October, 1733, two years after the departure of M. de la Verendrye, the Governor and his admin istrator, Hocquart, wrote to M. de Maurepas : " M. de la Jemerays, a nephew of M. de la * Recherches historiques et geographiques aur le Nouveau-Monde, par J. B. Sche"rer. t Letter de M. de Beauharnois a M. de Maurepas, 15th Octobrei 1730. X ler Aout, 1731, Lettre de M. de la Verendrye. 72 DISCOVERIES OF THE VERENDRYES, 1728-1750. Verendrye, informed us that if His Majesty would bear the expense, it would be easy to succeed in discovering the Western Sea ; that at present they are at Lake Ouinipigon, but that they and their companions were perfectly unable to undertake this enterprise, having lost more than 43,000 livres, and the voyageurs would not go further without being paid what was due them, nor would those who had equipped the expedition advance any more goods to enable them to continue their journey. The outlay, monseigneur," added they, " will not be great ; the cost of the engage's for three 3fears, taking into account what can be furnished from the king's stores, would not, according to the calculations we made in presence of M. de la Jemerays, exceed 30,000 livres at the most. We have the honour to mention that by the agreement we cannot oblige them to go beyond Lake Ouinipigon, which we did not believe was at so great a distance." A reply was received from the Court that it was not expedient for the king to undertake the expense proposed by MM. de Beauharnois and Hocquart, and that those who had undertaken the enterprise should be in a condition to continue it by means of the profits derived from their privilege of the fur trade. The same words pretty nearly were repeated on 12th April, 1735. The die was cast. M de la Verendrye had either to abandon the enterprise or con tinue it alone at his own risk^and peril, without any other means than the privilege of trade. With only this alternative he followed the dictates of honour which bade him brave dangers and impose self-sacrifices. He was already burdened with the debt of the first equipment, and he now assumed that of the second. He employed his nephew and three of his sons, and prepared a fourth, 18 years old, to accompany his brothers the fol lowing year, causing him to be taught the art of making plans and drawing maps ; and he busied himself with this enterprise, which notwithstanding all obstacles, enabled him to obtain by his energy such great results, as to shed a lasting brilliancy upon his own name and upon that of the man who had encouraged his efforts. II. The chief honour that M. de la Verendrye won from his enterprise was owing not to his success, but to his struggles against obstacles more easily imagined than understood at this distant day. However, we must remark that his greatest trials were not due to his enterprise in itself, but to the false and embarrassing position in which he continually found himself, without other provision than the fur trade and its profits. The fur trade, imposed or accepted as the means of meeting the expenses of the discovery, had in countries so distant as those into which he was to penetrate, the disad vantage of retarding the explorers, who, in obtaining subsistence and provisions, consumed in travelling between Montreal and the countries they were exploring, a precious portion of the time, strength and energy, which should have been employed in pressing forward. The necessity of trading brought with it that of the establishment of befitting posts to attract the savages, and of placing landmarks On the route, which, as it took men, time, and money, tightened the circle of difficulties by which M. de la Verendrye was surrounded. As he was inevitably obliged to obtain by trade all the means required for advancing his explorations, he was compelled to see himself by turns tormented on the one hand by the Ministry, which was dissatisfied with the progress of the exploration, and on the other by his covetous associates, who were anxious to recover, with high interest, the price of the equipments. Thus it happened that M. de la Verendrye, was incessantly harrassed by his associates, and reproached nearly as often by the ministery whose half protection he had obtained. In fact if M. de Maurepas had but given even the degree of protection which should have been accorded the explorer on the advice of Father Charlevoix* — who spoke with the same freedom with which he wrote his History of New France — he might have concluded that he had done enough. The Reverend Father, to whom the project of M. de la Verendrye had been communicated, at first failed to realize that as the measure of the king's protec tion was greater or lesser, so would the execution of the enterprise be affected; and he finally made light of the difficulties of the exploration. He said " that these establishments were Memoire du PSre Charlevoix, 10th October, 1751. DISCOVERIES OF THE VERENDRYES, 1728-1750. 73* useless ; although they caused but small expense they prolonged the period of exploration ; that they might cause it to degenerate to a fur-trading scheme, and that it was best to pursu e the'discoveryat once and without consuming more than two years, aided bythe fresh accounts received at the advanced posts, in thoroughly determining its route. Thus it would folio wthat the expense which such an expedition required would be reduced to some easily carried vic tuals, some ammunition, whereof a portion would serve for necessary hunting an d as presents for the savages." The opinion of Father pharlevoix must have been of great weight, for he had been sent some years previously by the Duke of Orleans and the Count of Toulouse to obtain information regarding the Western Sea. We have seen that it was on his advice that the establishment amongst the Sioux had been founded. His jndgment in that case may have been that of one who, regretting that he had not been able to make the discovery himself, sought to depreciate beforehand the merits of those who would undertake it. I do not believe it was, but truly the Reverend Father expatiated too much upon the remin iscences of a man who in his travels had only traversed Countries which had long been acces sible. He thus gave countenance to the rumors which were spread by the envious and the ignorant, and M. de Maurepas, who had extended protection to so many other expeditions having scientific purposes in view, may have regretted having given M. de la Verendrye the privilege of the trade — a privilege which the latter would willingly have exchanged for a well-equipped company of 100 men as in the case of Lewis and Clark. In fact there is nothing more disagreeable than these half favours, which having provided wind for a man's sails desert him when he has nearly reached port, and which the donors believe give them the right of reproaching the recipient, without realizing that their assistance had, in truth, none the less condemned their protege to the torments of Tantalus. Such was nearly the treatment experienced by M. de la Verendrye in his enterprises. M. de Beauharnois, however, seeing this officer sinking under the trouble, thought well to give him from 1735, permission to farm, during three years, to some merchants, the posts which he had established, on condition that he would not undertake, directly or indirectly, any kind of commerce ; that so he might be able to pursue his enterprise with all possible diligence, as he would have nothing else to see to. But M. de la Verendrye was none the less dependent for supplies upon traders or farmers, who were impatient to receive, but slow to remit. Besides, they did not forward all that he needed ; they sent only in proportion to their own earnings, and it followed that M. de la Verendrye was obliged. personally to incur debts in order to provide for all — considering himself fortunate when. he escaped the most cruel privations. This officer (left for dead upon the battlefield of Malplaquet 30 years before) pursued his project with an admirable courage and constancy, which called to mind the energy of the great discoverers, and with a disinterestedness which was real although strongly attacked. Notwithstanding this and the generous aid of his four sons and his nephew, M. de la Jemerays, — all five indefatigably and fearlessly devoted to his enterprise, — he could not, after twelve years of trouble and sacrifice, because of the peculiar circumstances of his position, do more than accomplish the discovery of the territories enclosed between the Rocky Mountains on the west and Lakes Superior and Winnipeg on the east. Although I cannot speak at any length in this article, I must mention a few occurrences which will throw some light upon the attractive tableau of their efforts. Therefore I will give, though briefly and drily, a few details of their journey. If we follow M. de la Verendrye from Kamanistigoya, a post near Lake Superior, es tablished for the second time in the year 1717, by Lieutenant Robutel de la Noiie, and where the discoverers arrived in the year 1731,* we shall see their parties, the same year, succes sively pass by Lac la Pluie, or Tekamamiouen, at the outlet of which they established Fort St. Pierre, cross Lake Minitie, or Des Bois, on one of the shores of which Fort St. Charles was erected in 1732; Lake Ouinipigon, within five leagues of which, on their way up the river, they established a fort ; Ouinipeg River, which they called Riviere Maurepas, and which, in 1734, they protected by a fort, also designated by the name of the minister ; the River of the Assiniboels, otherwise called the River St. Charles, where Fort de la Reine, which was built on the 3rd Oetober, 1738, served as an advanced post; then the River St. Pierre, a branch of the River of the Assiniboels. This river, to which the Christian name of * Me*moire de M. de la Verendrye, 31 October, 1744. 74 DISCOVERIES OF THE VERENDRYES, 1728-1750. M. de la Verendrye and M. de Beauharnois was given, was the centre of the establishments and the point of departure of the expeditions which the explorers intended to make to the •north and to the south. It is by this river that we see them at the close of 1738 descend to the Mantannes, and in 1742 to the Upper Missouri ; then re-ascend to the Yellowstone, and finally arrive, by this route, at the Rocky Mountains, amongst the Gens des Serpents, whose countries formed the limit of their explorations towards the south. Towards the north, in expeditions, whose precise dates I cannot yet determine, they crossed Lake Dauphin and Swan Lake, reached Riviere des Biches, and ascended to the fork of the Saskatchaouan, which they named the Poskoiac. In these countries they established two forts — one on Lake Dauphin, and the other, which they called Fort Bourbon, on the Riviere des Biches. In considering this simple narrative of their deings, and viewing the length of time which marked each advance, showing so clearly the efforts the explorers had to make — when the miseries they endured and the dangers which they ran, and in which some of them perished, are taken into account ; and finally, when the results of their enterprise are com pared with the means they had at their command, — the accusations that were made against them would really astound us were we not accustomed to the criminal follies of envy. But to whom did envy ever allow either honours or profit with impunity ? In the laborious efforts of the Varennes of Verendrye to extend the dominion and com merce of American France to the Grand Ocean, the honour of the discovery 3f the most westerly regions belongs chiefly to M. de la Verandrye's sons. He himself had under taken a most difficult task, and one that suited his age best, — that of directing the enterprise, of superintending the trade, of creating and maintaining friendly relations with the Indians, of stimulating the zeal of the ever tardy equippers, of having roads opened, and of sustaining the establishments which he had ordered to be commenced. He was always ready to help in person when occasiou required, and the distances which he travelled on foot in frightful weather and through wild countries, in the midst of privations, would terrify the imagination of a European. It was with truth his sons could say, " He marched and made us march in such a way that we should have reached our goal, wherever it might be found, had he been better aided."* But his sons and his nephew most frequently went in advance to reconnoitre the route ; and their journeys, always full of danger and among tribes constantly at war, sometimes extended over whole years. One of these journeys cost one of the sons his life, for the Sioux, the enemies of our allies, the Christineaux, massacred him with his whole party of twenty-one men, in June, .1736, on an island of the Lake of the Woods. Amongst the slain was Father Anneau, a Jesuit. A party of five Canadian voyageurs discovered their bodies several days after the event. The heads of the Frenchmen were placed upon beaver skins, the greater number of them scalped. The missionary had one knee in the ground, an arrow in his head, his breast cut open, his left hand upon the earth, and his right uplifted. The Sieur de la Verendrye lay face downward, his back hacked with a knife, a hoe buried in his loins, and his headless body ornamented with porcupine garters and bracelets. + M. de la Verendrye, who was at this time in great destitution at Fort St. Charles, heard of the massacre of his son and of the death of his nephew, La Jemerays, at the same time. The latter was the son of a sister of M. de la Verendrye, Marie-Renee de Varenne, and the brother of Mme. Youville, the foundress of the Hospitalieres de Montreal. M. Dufrost de la Jemeray had associated himself with the labours and the fortunes of his uncle from the very commencement of his enterprise. Two years afterwards he had, on M. de Beauharnois' recommendation,! been recompensed with a second ensigncy, for servioes ren dered in these difficult commencements. When the innumerable obstacles that arose in the three and a quarter leagues of the Portage of Nantaouagan disheartened the engage's, he had the honour of passing beyond and of commencing the first establishment at Lac de la Pluie, or Tekamamiouen. His intelligence, his devotion, and his courage, undismayed neither by dangers nor fatigues, gained him the most complete confidence of M. de la Verendrye, who, at his death, had cause to mourn not only a very dear relation, but also a lieutenant invalu able to him in his enterprise. * Lettre du Chevalier de la Verendrye, 30 September, 1750. t Rapport du voyageur Bourassa. X Lettre du Ministre a M. de Beauharnois, 20 Avril, 1734. DISCOVERIES OF THE VERENDRYES, 1728-1750. 75 If it had been possible to remedy such a loss, the courage and the ardour of M. de la Verendrye's sons would have repaired it; but their party was so small that the enterprise could not but suffer. However, the following year they found themselves with the Man- danes, a people who have been rendered most interesting to us through a book by Mr. Catlin,* the distinguished traveller. Clark thought himself to be the first to see them. It was only in 1743 that the eldest son of M. de la Verendrye, with the chevalier, his brother, reached the Rocky Mountains, in a journey that lasted from the 29th of April, 1742, to the 2nd July in the following year, by which time they had returned to Fort St. Charles, whenoe they had started. I will here give some details of this journey, which must always remain famous, as the courageous action of only four men, who preceded, by nearly sixty years, the visit of the numerous troop of Lewis and Clark to the same place. f The eldest son of M. de la Veren drye having reached the Mandanes, could not, for want of the guides he had hoped to meet, advance beyond ; so he returned to his father, who, however, immediately sent him back with the chevalier, his brother, and two other Frenchmen. This time they succeeded in reaching the Rocky Mountains, after having met on the way the villages of the Beaux-Hommes, the Pioyas, the nation of Petits-Reynards and the Gens de l'Arc (Bowmen). Some of these names, which are found on the maps of Lewis, lead one to suppose that they arrived at the Rocky Mountains by the Yellowstone. On the 1st of January, 1743, these mountains rose before their eyes, and on the 12th ofthe same month they reached them, and the Chevalier de la Verendrye, who must have left his brother at some distance, prepared to ascend them. He was disappointed at always being led to the South by the guides whom he had asked to conduct him to the sea ; he feared that by the route which he had followed he would only find a sea already known — however, he wished to contemplate it from the height of the mountains. Unfortunately, besides the natural obstacles that opposed his design, and which perhaps he did not foresee, a diffi culty suddenly arose, of which he could still less have had any idea. So far, he had been led by the great Chief of the Bowmen, who, followed by other tribes, numbering 2,000 warriors, chiefly horsemen, accompanied by their families, was marching against the Gens des Serpents (Snake tribe) inhabiting these mountains. This nation was the terror of its neighbours. The Bowmen were the only ones who did not fear it. It had carried destruction everywhere, as the Chevalier de la Verendrye had witnessed. When he reached the nation of Les Gens des Chevaux he found nothing but grief and desolation, their villages having been entirely destroyed by the Gens des Serpents. In 1741, these latter had com pletely ruined seventeen villages, and killed all the old men, and made slaves ofthe women and children, whom they sold on the coast in exchange for horses and other merchandise. The march of the Bowmen against them was occasioned as much by a desire for the welfare of these countries, as by a common desire for vengeance. But it seemed on this occasion, that with savages as with civilized people, it is unwise for brave men to depend upon the sup port of those who have nothing but numhers to recommend them. When the warriors came near the principal village they were warned by their scouts that the enemy had precipitately fled, abandoning their baggage. This news, instead of rejoicing, created disorder and division amongst them. They feared that the enemy had discovered them, and would profit by their absence to make a descent upon their own villages, and might reach them before they did. The Chief of the Bowmen, conspicuous by his intellect, nobility of manner, and bravery, en deavoured to dissuade them, and incited them to follow the enemy, but in vain. No one listened to him, and the Chevalier de la Verendrye was forced to return with them without beholding that sea, the sight of which had so greatly rejoiced Balboa and Cortez two oen- turies before. No four men could have' done better ; and indeed it required immense courage on their part to penetrate to these mountains which they had the honour of reaching sixty years before the great expedition sent thither by Jefferson. That was the chief result of their journey. But there was another, which, although only secondary, must not be overlooked. On the return the Chevalier and his brother were careful to take possession of the countries of the Upper Missouri, where * Letters and Notes on the Manners, Customs, and Condition ofthe North American Indiana, Ac., 1842. t Journal du Voyage fait par M. le Chevalier de la Verendrye, en 1742, pour parvenir a la dSconverte de la Mor de l'Ouest, addressee a M. le Mtrquis de Beauharnois. 76 DISCOVERIES OF THE VERENDRYES, 1728-1750. they arrived on the 19th March, 1743, amongst the Gens de la Petite Cerise, a nation encamped on the banks of the river. They interred, to this end, on an .eminence near their fort, a leaden plate inscribed with the arms of the king, and as a memorial of their journey they erected pyramids of stones in honour of the Marquis de Beauharnois. So that if the object of the enterprise had been postponed in one sense, it had in this particular the effect of establishing the rights of France on the borders of this great river, which, according to certain geographers, may be regarded as a principal branch of the Mississippi. This opinion admitted, the name of Beauharnois, already connected with the discovery of its mouth, becomes doubly associated with the discovery of both extremities of this American Nile. Even if these expeditions in some measure justified the thought which made Nicholas de la Salle and Hubert, Commissioners of Louisiana, as well as Bobe and Father Charlevoix, request that the Missouri should be ascended in order to reach the ocean, still this success was not sufficient for M. de la Verendrye, nor did it satisfy the Chevalier or his brother, since by thisroutethey feared to meet the establishments of the Spaniards, and besides they had not solved the problem of the Western Sea, one of the principal objects of the enterprise. Consequently they determined to proceed by the north where, five years later, they discovered the Sas- katehaouan. That this discovery was not made earlier, and the explorers had not advanced further, was not their fault but that of others. M. de la, Verendrye was preparing to send his sons back to the north when the conduct of the Ministry, who refused him every preferment, disgusted him. He considered that they treated him with systematic injustice. However, the ministry were not as guilty as they seemed to M. de la Verendrye. They were excited against him by false accounts and by envious imputations. " When the discoverers outdid themselves in their fatigues and ex penditures, their expeditions were represented as chiefly directed to the discovery of the beaver, their large expenditure as dissipation, and their statements as falsehoods." The ministry might, without meaning any harm, accuse of mismanagement and negligence the men who were more occupied with work and travel than with the puffing of themselves by means of memoirs.* On the 22nd April, 1737, apropos of the massacre of M. de la Verendrye's son, M. de Maurepas wrote to the Marquis de Beauharnois, who had defended the explorer against these accusations.t " All that has come to my ears concerning this accident confirms me in the suspicion I always had, and which I have not even disguised from you, that the beaver trade had, on the part of M. de la Verendrye, a larger share than anything else in the enterprise of the discovery of the Western Sea." The minister, judging at a distance, and upon the re ports of men whose interest it was to disparage, could doubtlessly be pardoned for misjudging ; but for the explorer the result was the same, and this did not render the blow any the less painful. He was the oldest of the lieutenants in Canada, and he seemed to the Governor " the most worthy ofthe King's favours." His rare patience as a leader of men failed him when it came to a rivalry about ranks and titles. Besides, if the patience of a man who has only to think of himself can be unlimited, that of a father succumbs in the presence of the sufferings of his children. Probably, less wearied of sacrificing himself than of compromising the well being, the advancement, and even the lives of his sons in an enterprise which had already deprived him of one of them ; tired of seeing himself and them forgotten, not in the dispensation of favours, but in an equitable division of rewards due to the oldest and most meritorious services ; above all, being pressed by want and sickness as well as by his credi tors, he finally resolved to satisfy the envious. So, in 1 743 he returned to Quebec to show what advantages he had personally gained in his many years of trials. " If," wrote he,J " 40,000 livres of debt that I have over my head are an advantage, I can compliment myself on being very rich, and I would have been much more so in the end if I had continued." Conscious that he had done all in his power for the servioe of the King and the good of the Colony, he resigned his charge, that so the Governor might give it to those who thought themselves more worthy and more capable of fulfilling it. He did not exaggerate his own merits. Lewis and Clark, who were much better sustained, had not, in order to be success ful, to make an eighth part of the efforts which M. de la Verendrye made to go half the distance. * Memoire du Chevalier de la Verendrye. + Lettre au Ministre, ler Octobre, 1738. X 31 Octobre, 1744, Lettre de M de la Verendrye. DISCOVERIES OF THE VERENDRYES, 1728-1750. 77 III. However,- the Marquis de Beauharnois, who appreciated M. de la Verendreye's character at Its true worth, deeply regretted* to see him desist from his enterprise. M. de Beauhar nois depicted to the Ministry the explorer's mortifioation because of the attempts made " to give to his purity of design in seeking to compass the discovery of the Western Sea, a charac ter so opposed to his real views." He spoke of the advantages that had been secured by the posts he had established ; " finally," said he, " the idea which had been current as to his having amassed wealth in these places falls to the ground in view of his indigence. We can assure you, Monseigneur, without any favour or predilection for him, that the twelve years spent by him at these posts did not yield him nearly 4,000 livres, which is all that can re main to him after he has paid the debts contracted on behalf of this enterprise. And finally, Monseigneur, the state in which he has left matters seems to make him worthy of your bounty." But as the Ministry could not overcome its prejudices so easily, M. de Beauhar nois, in order to get rid of the evil rumours propagated by the envious, appointed M. de Noyelles to pursue the discovery. The little done by this officer, who was generally looked upon as a man of courage, accustomed to long marches and acquainted with the Upper Coun tries, must have made the intelligent inhabitants of the colony understand that, considering the conditions M. da la Verendreye had accepted, he had obtained great results, and that no one could do better, or even as well, as he. M. de Beauharnois, satisfied with this trial, which justified him in his first choice, again fixed his eyes upon the discoverer, and once more , assuredf M. de Maurepas that his officer had been accused unjustly, — that he had given him self entirely up to the discoveries, and had sacrificed to them all the proceeds of the new posts established by his care with much trouble and at great risks, and that, finally, this man united to great experience a firm yet gentle character, by which he had obtained over the savages of the West an ascendancy which he found it necessary to exercise. M. de Beauhar nois had returned to France with the rank of Lieutenant-General in the army as a reward for his services, and M. de la Galissonniere, his successor, took the same stand as he, adding " that discoveries cause greater expenses and expose to greater fatigues and greater dangers than do open wars," and,- apropos of this, he recalled the death and ruin of Cavalier de la Salle, and of many others. The Ministry gave way to these repeated assurances. J TheyfirstgaveM.de la Verendrye a captaincy, and, sometime afterwards, the decoration ofthe Cross of St. Louis, which he had sufficiently merited since 1709, by his wounds at Malplaquet. But, at the same time they asked him to make fresh efforts for the achievement of his enterprise. As much as this even was not needed to stimulate the generous hearts of the old officer and his sons. As early even as 1748, the Chevalier de la Verendrye had set out to continue his dis coveries in the West, and he had reascended the Saskatchaouan to its fork, where, every spring, the Christinaux of the mountains, of the lakes and of the prairies had their rendezvous. There they heard from the savages that this river came from a great distance, — from the height of the lands, where there were very lofty mountains, and that they knew of a great lake on the other side of the mountains, whose waters could not be drunk. § Inspirited by the acts of the ministry who had at last rendered him justice, M. de la Verendrye, whose sons kept him aware of all that transpired, prepared, notwithstanding his age, to leave Montreal in the month of May, 1750, at a time when navigation would be open in the upper countries, that he might reach Fort Bourbon in the first days of the month of December, whence with his * sons he was to navigate for the first time the River Poskoyac. There he intended to con struct a convenient fort. In the following spring, he was to send to ascertain the altitude of the mountains near which the lake in question was situated. " I intend," said he, " to be as diligent as possible, in order to winter at' Fort Bourbon at the base of the River aux Biches, which is the last of all the forts I have established, being too happy, if at the end of all the troubles, fatigues and risks I have undergone in this long discovery, I can succeed in proving my own and my childrens' disinterestedness, and our great zeal for the glory of the * Lettre du Marquis de Beauharnois, 27 Octobre, 1744. f Lettre du M. de Beauharnois, 15 Octobre, 1746. X 23 Octobre, 1747. Lettre du M. de la Galissonniere. § Lettre de M. de la Jonquiere, 22nd Septembre, 1749. 78 ' DISCOVERIES OF THE VERENDRYES, 1728-1750 king and the welfare of the colony." He wrote these words to Quebec on the 17th September, 1749, but in making this promise, he counted without that host, whose name is Death, and who is ever faithful to man. On the 6th of the following December he died, taking with him, so to say, the success of the enterprise. M. de la Galissonniere had just left Canada, to give place to M. de la Jonquiere ; and the corruptions which wsre to contribute to the loss of the colony by France, commenced in the painful developments which led to the condemnation of the Intendant Bigot to exile. MM. de la Verendrye were to be this Intendant's first victims. Assuredly, after the death of their father, no one in the colony was as capable of continuing and achieving the discovery which they had so far advanced. The sons of M. de la Verendrye claimed the honour of completing this enterprise asthe most precious portion of their inheritance. Furthermore, it seemed impossible to refuse this to men who had already made the greater part of the preparations, and undertaken engagements which absorbed their little fortune, and even more. But the Intendant Bigot and the Governor had formed an association for these dis coveries and for the development of the Posts of the West ; and the Varennes had to yield to their all-powerful rivals, who were more greedy of profit than of the honour imposed upon them by their high rank. M. Bigot never had money enough to waste, nor M. de la Jon quiere to save. Neither of them recognized any principle of right, but entirely forgot their duty. Having in view the two extreme points traversed or intended to be traversed by the Verendryes, they thought to find the Western Sea by the Mississippi and Saskatchaouan. Father Coquart, a companion of M. de la Verendrye, had about this time come to the con clusion that it would be necessary in order to reach this sea to seek the sources of the Mis souri and to cross the Rocky Mountains, if it were found impossible to penetrate the defiles with their canoes, and so reach the great salt water lake. He wrote that his idea had been rejected, because here, added he,* " discoveries are wanted that cost no money except the returns from the beaver, and I have been told that any project proposed to the Court, if it required funds for its execution, would not be listened to.". However, his proposition was remembered, and these projects, born of the discoveries of the Chevalier de la Verendrye, were united to those that he and his companions had intended to carry out by the Saskatcha ouan. The enterprise thus conceived was confided to two officers : M. Lamarguede Marin was directed to the Upper Mississippi and the Missouri,whilst the north was the destination of Jacques Legardeur de Saint Pierre. These two officers, whose intrepidity was beyond ques tion, do not seem to me, if I am to believe certain indications, to have been equally commenda ble in character. At all events, on this occasion they considered their desire for advance ment and gain more than the feelings of delicacy which should have obliged them to have been careful of the interests and honour of M. de la Verendrye. An enterprise conceived and conducted by covetous men is at all events generally advantageous to those interested ; and so it proved here. If it was said without reason concern ing M. de la Verendrye, that the hunting of the beaver delayed the discovery, it could be said with truth in this case. The colony seemed to gain no advantage from this expedition, excepting the establishment of a fort near the Rocky Mountains by a detachment of men, who, in accordance with the plans of the Chevalier de la Verendrye, followed the Saskat- chaouan.f Still the officers themselves who commanded the establishment of this post, were only honoured indirectly by it, neither of them being present. M. de Saint Pierre, who from the first steps he took on the road prepared by his predecessors, recognized all the difficulties of their enterprise, must in meeting the unexpected obstacles which victoriously refuted all those calumnies through which doubtlessly he had supplanted them, have felt the injustice ' of his conduct towards them. He traversed a road which had already been opened by them, yet he owned that at each step there was risk of losing not only provisions and effects, but even life itself. He realized the covetousness of the populations through which he had to pass, although he attributed it to the lenity which he pretended had been shown them. " No matter what presents are made them, they would exhaust," said he, " the king's storehouses." These facts, of which M. de Saint Pierre only spoke to magnify the difficulties of his enter prise, proved a great set off to the acts of M. de la Verendrye, whose merits had been hidden ' Lettre du Pfcre Coquart, 1730. t Memoire ou Journail (sic), sommaire du voyage de Jacques le Gardeur de Saint|Pierre . . charge" de la decouverte de la mer de l'ouest. DISCOVERIES OF THE VERENDRYES, 1728-1750. 79 by the modesty of his recital ; as did also the conduct by which the new chief of the explora tion, in alienating the Christinaux, compromised all the work of the first explorers, and proved that he was wrong in accusing them of lenity ; the truth being that they were much more prudent and skilful than he in dealing with these nations. The Christinaux burned Fort la Reine, and nearly killed M. de Saint Pierre himself. The illness, also, of his lieutenant, the Chevalier Boucher de Niverville, showed how much he had not only prejudiced his own honour, but also the success of the enterprise, in refusing the earnest request of MM. de la Verendrye to be allowed to accompany him. The Chevalier de Niverville having been sent by him to found a post at the source of the Saskatchaouan or Poskoyac, had been obliged to stop on the way, exhausted by the fatigues and miseries to which MM. de la Verendrye had become accustomed, and only some of his men could reach the Rocky Mountains, where they established Fort La Jonquiere, in 1752. The expedition does not seem to have passed the mountains when M. de Saint Pierre, who had been recalled by the Marquis Duchesne de Menneville, who succeeded M. de la Jonquiere, saw M. de la Come arrive, in 1753, to replace him in the Posts of the West. The Seven Years' War, which was about breaking out, prevented the pursuit of this enterprise, of which the English colonies, victorious over ours, were at a future day to reap the benefit. Thus the covetousness and envy of a few agents, who were but fitting instruments of a government that everywhere provoked its own decadence, caused France to lose the honour of a discovery which science expected of some of her sons, at the very moment when this honour, which was so earnestly wished for by MM. de la Verendrye, was snatched from them. But how could they hope for it when even their very property was at this time delivered up to shame less pillage. The sic vos non vobis of the poet was here realized in all its severity. Nothing can be more pathetic than the complaints of the two brothers on this subject. '' Atthe very time," wrote the elder,* " when they all intended to pursue their discoveries, they had not only suffered considerable losses in establishing the Posts of the West, but they had also been deprived of the enjoyment of a property which they had come to regard as the reward of their labours, having spent their youth and their fortune, and even sold what they had in Canada, to complete an undertaking so beneficial to the colony. After all these expenses, they had the pain of seeing strangers gather the harvest of which they had sown the seed ; the influence they had gained lost ; the merchandize they had left in the posts given away without their having the slightest hope of deriving any profit therefrom ; their provisions eaten by strangers, whilst the engages whom they had to pay were still made use of." The complaints of the Chevalier being more poignant and better expressed, are still more heartrending.")" " I, too," " am ruined," said he. " My returns of this year being but half gathered, after a thousand inconveniences, my ruin is accomplished. My father's affairs and mine being settled, I remain without either funds or patrimony. I am simply second ensign. My elder brother holds the same rank as myself, and my other brother is only a cadet a Vaiguillette, and this is the actual fruit of all that my father and my brothers and I have done. My brother who was assassinated some years ago by the Sioux, is not the most unfortunate of us." He was so reduced as to speak thus of death. For a much lesser cause, in 1809, Lewis, the companion of Clark, with whom it is said the American Government refused to fulfil its engagements, blew out his brains. But MM. de la Verendrye, awaited with more christian resignation, the end of their misfortunes ; they left it in the hands of God. It soon arrived. They re-entered the army, and the Seven Years' War, which occasioned to us, notwithstanding the heroism of Montcalm, the loss of Canada, gave them an opportunity of ending their lives nobly. In this war, several Varennes were killed, but I have been unable to discover whether they were the sons of M. de la Verendrye, or of his brother. The fate of the Chevalier alone is certain. He and another Lieutenant named Varenne perished on the 15th of November, 1761, by drowning in the wreck of the Auguste, a vessel armS en cartel. This wreck, which was an image of the fate of the French power in America, was terrible. Some Canadians, however, Who in exile, sought to escape the yoke of the stranger, envied them their destiny. The Chevalier needed no longer to envy his brother who was killed by the Sioux, and in dying, he could say as Camoens did at the sight of the misfortunes of his country, " I die, but I die with it." * Memoires des services de Pierre Gaultier de la Verendrye, l'ain(?. + Lettre au Ministre, 30th September, 1750. 80 BOUGAINVILLE ON THE FRENCH POSTS, 1757. Such was, given as briefly as possible, the unhappy, but not inglorious life of these brave officers, who, through the ignorance of history in regard to our ancient colonies, have not even received a memento. , Doubtless when it obtains a better knowledge of their enterprise and efforts, they will obtain a fame proportionate to their labours and their sacrifices, and to the advantages which must result to America from the interior routes of communication between the Atlantic and the Great Ocean, — which will enable that continent, aided by the audacity of its genius, to dispute with Europe the commerce of Asia. Whatever the re sult, even if the explorers did not entirely succeed in the execution of their plans, their names, after that of Cavalier de la Salle, and before those of McKenzie, Lewis, and Clark, should, to the honour of France, be respected as those of the first discoverers of the West. The courage and constancy which they displayed ; the privations which they endured ; their life so laboriously sad, entirely devoted to their work, and their pitiful end, will form one of the most interesting episodes as well in the memorial of that enterprise, as in the mournful history of the discoveries in which European civilization advanced against barbarism only by the sacrifice of its noblest children : and this posthumuous glory will be but a just and tardily granted compensation to men, whose only reward for patriotic devotion, was misery. Pierre Margry. BOUGAINVILLE ON THE FRENCH POSTS, 1757. (Extracts from Bougainville's* Memoir on the State op New France at the Time of the Seven Years War (1757). f) Detroit. — Detroit is an important post ; it is the entrepot of the southern forts, which communicate with the Illinois. The lands there are fertile and of easy cultivation ; the sky beautiful and serene ; the climate magnificent. There is almost no winter ; very little snow ; animals winter in the fields, where they find their feed ; there are already two hundred habi tations, or about that number, full of food and cattle, and which furnish supplies for the •different posts of the upper countries. This fort is situated on the shore of the river which separates Lake Erie from Lake Huron. . . . The post of Detroit, entrepot of the southern posts is a large town, situated between Lake Erie and Lake Saint Claire. From the entrance of Lake Erie to Detroit, there is a distance of six leagues ; from Detroit to Lake Saint Claire, two leagues; from the outlet of this lake, which extends seven leagues, to Lake Huron, there is a distance of eleven leagues. The site of the post is a very beautiful one, the climate is pleasant, the atmosphere very healthy, the soil excellent and good for any productions ; the game is abundant On the north there are three leagues of land, inhabited by Frenchmen, and on the south two leagues and a half. .... This post has a com mandant, a major, etc. ; the garrison comprises men belonging to the companies detached from the marine. This post is worked by means of licenses (conges), whose price is generally five hundred francs, payable in cash, and whose number is not determined. MichillimakinAC — Michillimakinac is distant from Montreal, travelling by the Grande Rivifre, some three hundred leagues, and some one hundred leagues and more from Detroit. This post is situate between Lake Michigan and Lake Huron.- . . . The Governor- General receives generally from the voyageurs five hundred francs upon eaoh canoe laden with merchandizes, and the proceeds thereof are distributed among the officers and the poor families. In ordinary times, six or seven hundred bundles (paquets) of furs are forwarded from the fort per annum Michilimackinac is the entrepdt of all the northern posts, as Detroit is of the southern ones. * Louis Antoine de Bougainville,1 author of this Memoir on Canada, was one of the most distinguished French officers in the war which resulted in the oonquest of Canada. His " Memoir " was submitted to General Montcalm at the time it was written, and that offioer testified to the oorreotness ofthe information it contained. Bougainville attained, on his return to Franoe, a high rank in the nary, of which he beoame Vice-Admiral. f The Freneh original is given in " Relations et Memoires InSdits," etc, par Pierre Margry, Paris, 1867. p. 41. BOUGAINVILLE ON THE FRENCH POSTS, 1757. 81 Miamis Post. — The post of the Miamis (Bellestre, Lieutenant), is situated on the right shore ofthe river of that name, and has a fort built with palisades This fort is farmed to the commandant for three years, in consideration of a sum of twelve hundred francs per annum. He has the control of the fur trade ; the King delivers neither certifi cates nor presents to the Indians ; the farmer must bear these expenses, and, moreover, pay the salary of the interpreter ; he receives no gratuity This post produces gen erally from two hundred and fifty to three hundred bundles of furs. Ouyatanons. — The post of Ouyatanons (Camet Bayeul, Ensign), is situated on the right shore of the River Ouabache, or St. Jerome ; the fort is built with palisades. This post is on the same footing with that of the Miamis ; the commandant is its farmer, and pays on that account twelve hundred francs annually This post, and those that are dependent upon it, produce generally from four hundred to four hundred and fifty bundles of furs per annum. Vincennes. — The post of Vincennes is a pretty village, subject to New Orleans, which sends there a commandant. It has three horse-mills, and contains seventy-five inhabitants, who labour and reap corn. Illinois Post. — The principal entrepost of the post of the Illinois is Fort Chartres, situ ated upon the Mississippi. There are, for all these posts, a garrison of six companies fur nished, as is also the commandant, by New Orleans. The divisions of the Illinois are . . . the Cahoo [Cahokias] .... the Metchi . . .the Kas [Kaskaskias] . . . These three nations are now comprised under the name of the Illinois. This post is worked by means of licenses, whose price is six hundred francs per canoe There is another post on the River of the Illinois, where resides a commandant in a fort called Pimiteoui. The tribes which trade there are the Peorias. Seven hundred men produce two hundred bundles of furs. Kanses. — In ascending this stream [the Missouri River] we meet the village of the Kanses. We have there a garrison with a commandant, appointed, as is the ease with Pimiteoui and Fort Chartres, by New Orleans. This post produces one hundred bundles of furs. Fort Duquesne. — Fort Duquesne is situated on the left bank of Belle-Riviere [Ohio], at the confluence of the Malangueule [Monongahela]. This post is worked by means of licenses, which are distributed free in order to encourage the traders to forward furs there. It pro duces generally, per annum, from two hundred to two hundred and fifty bundles of furs. Fort of La Presqu' Isle. — La Presqu' Isle is a square fort, built with squared tim bers, situated on Lake Erie, at a distance of seven leagues from Riviere au Boeuf and Nia gara, almost at the entrance of a large bay, about one league and a half long, with a width of half a league. There are at the post a commandant, who receives a salary of 1,000 francs, and a garrison of from fifty to sixty men. This post is for the fur trade in the sam3 position with the two preceding ones ; it is important as a necessary entrepost, and the first between Niagara and the Belle-Riviere. Fort of the 'Riviere ad Boeuf. — The Fort of the Riviere au Boeuf, a square fort built with palisades, is situated at thirty leagues from Fort Machault, on the river of which it bears the name. This post is a necessary entrepost for Fort Du quesne, but it should be rebuilt in order to be protected against a coup de main. This post is not a trading one. Fort Machault. — Fort Machault is situated at the confluence of the Rivers Au Boeuf and Ohio. It is the last entrepost towards Fort Duquesne .... It is not a trading post. Niagara. — Niagara may be considered as a strong place ; it is situated at the head of Lake Ontario to the south, at the confluence of Niagara River. This post is the key of the upper countries. The soil being most fertile, the climate mild, and game and fish abundant, 6 82 BOUGAINVILLE ON THE FRENCH POSTS, 17">7. we should attempt to establish there a town, or at least a village The King controls the fur trade of this post, and consequently pays the salaries of the commandant aud other employes, but the trade is badly managed. The post produces generally per annum from 250 to 300 bundles of furs. Toronto. — Situated to the north of Lake Ontario, opposite Niagara, has been established in order to prevent the northern Indians from going to trade at Choueguen. Choueguen existing no more, this post becomes useless. The King controls its trade. It produces about 150 bundles of furs. FRONTENAC. — Frontenac or Katarakoui, a fort in bad condition, situated at the en trance of Lake Ontario ; had Choueguen not been destroyed, it would have been necessary to ' repair it. It has a commandant, with some officers under his orders, and a garrison of soldiers This post is managed by the King, who consequently defrays all its charges. It can produce annually from twenty to thirty bundles of furs. La Presentation. — A Mission for the Indians of the Five Nations, established by M. l'Abbe Piquet, on the right shore ofthe River St. Lawrence, at leagues from Montreal. There are now about one hundred Indians of the Five Nations assembled under his care. It has a fort in bad condition, built with, palisades, with a commandant and a small garrison. This fort is worked for the King. It produces generally from thirty to forty bundles of furs per annum. Baye des Puants. — The post of Baye des Puants [Green Bay] (Monsieur de Rigaud) is farmed in consideration of nine thousand francs ; every expense on account of the King has been suppressed ; the King delivers neither presents nor certificates, and does not pay the salaries cf the interpreters ; the farmers must bear all those expenses. The commandant (Lieut.-Coutrol) is interested in the farming, and manages the trade for his own account as well as for his associates ; he receives a gratuity of two thousand francs. The post produces usually from five to six hundred bundles of furs per annum. River St. Joseph. — The fort of River St. Joseph (Monsieur le Verrier) is situated on the right of the river of that name, at a distance of twenty leagues from the place of its dis charge into Lake Michigan. This post is on the same footing with that at La Baye ; the com mandant is its farmer in whole or in part, according to the pleasure of the Governor-General ; all the expenses rest upon him ; he receives a gratuity of two thousand francs. It can produce four hundred bundles of furs. Post of the Western Sea (la Mer de l'Ouest). — The post ofthe Western Sea is the most advanced towards the north ; it is situated amidst many Indian tribes, with whom we trade, and who have intercourse also with the English, towards Hudson's Bay. We have there seven forts built of stockades, trusted, generally, to the care of one or two officers, seven or eight soldiers, and eighty engages Canadiens. We can push further the discoveries we have made in that country, and communicate even with California. The post of La Mer d' Ouest includes the forts St. Pierre, St. Charles, Bourbon, de la Reine, Dauphin, Poskoia [and] des Prairies, all of which are built with palisades that can give protection only against the Indians. Fort St. Pierre is situated on the left shore of Lake Tekamamiouen, or Lac de la Pluie (Rainy Lake), at 500 leagues from Michilimakinak and 300 from Kamanistigoyia, or les Trois Rivieres (Three Rivers), to the north-west _of Lake Superior. Fort St. Charles is situated sixty leagues from Fort St. Pierre, on a penin sula that goes far into Lac des Bois (Lake of the Woods.) Fort Tiourbon is at one hun dred and fifty leagues from the preceding one, and at the entrance of Lake Ouinipcg Fort la Reine is situated on the right shore of the River of the Assiniboels, at seventy leagues from Fort Bourbon. This country is composed of vast prairies ; it is the route to go through to the upper part of the Missouri. Fort Dauphin at eighty leagues from the preceding one,' on the River MinanghenacbequekS, or Eau Trouble. Fort Poskoia is built on the river of that name (now Saskatchewan), at 180 leagues from the preceding one ; it takes ten days from this fort to reach Nelson River. The Fort des Prairies is at eighty leagues from Fort- BOUGAINVILLE ON THE FRENCH POSTS, 1757. 83 Poskoia, in the upper part of the river of that name. This post has been farmed in con sideration of a sum of eight thousand francs ; the commandant is its farmer, with a fourth interest in its trade. The Indians who trade there are the Cristinaux and the Assiniboels; these two tribes form each twelve villages, inhabited respectively by two hundred and fifty men (hommes.) This post produces usually from three to four hundred bundles of furs ; we must take into account also fifty to sixty slaves, Rouges or Panis, of Jatihilinine, a nation situated on the Missouri, and which plays the same rdle in America that the negroes do in Europe. This is, the only post where this traffic takes place. The post of La Mer d' Ouest merits special attention for two reasons — the first, that it , is the nearest to the establishments of the English at Hudson's Bay, and from which their movements can be watched ; the second, that from this post the discovery .of the Western Sea may be accomplished ; but to make this discovery it will be necessary that the travellers (voyageurs) give up all views of personal interest. The one who advanced this discovery most was the Sieur de la Veranderie ; he went from Fort de la Reine to reach the Missouri. Upon this river he first met the Mandanes or Blancs-Barbus, numbering seven villages surrounded by forts of staked earthworks with a moat ; then the Kinongewiniris or Brochets, composing three villages ; at the upper part of the river he found the Mahantas, also composing three villages, and along the Missouri in descending it to the discharge of the river Wabiek, or to the Coquille, twenty-three villages of Panis. To the south-west of this river, and on the two shores of Ouonaradeba, or a la Graisse, are the Hactannes or Gens du Serpent. They extend from the foot of a chain of very high mountains (the Rocky Mountains), which run north, east, and south, and to the south of which is the River, Karoskiou or Cerise-Pelee, which is supposed to reach California. He continued his journey, and found in those vast territories, where the Missouri has its sources opposite to, and about forty leagues from, the Mahantas, the Owilinioek or Beaux- Hommes, 'four villages ; opposite the Brochets the Macateoualasites or Pieds-Noirs (Black- feet), three villages, of about 100 cabins each ; opposite the Mandanes are the Ospekakaeren- ousques or Gens du Plat C6t6, four villages ; opposite the Panis are the Gens de l'Arc, named the Atchapcivinioques by the Christinaux, and Utasibaoutchactas by the Assiniboels, three villages ; after these are found the Makesch or Petits Renards, two villages ; the I'rivassa or Grands-Parleurs, three villages ; the Kakakoschena, or Gens de la Pie, five villages ; the Kiskipisounouinini or Gens de la Jarretiere, seven villages. He could not go further on account of the war which was then being waged between the Gens de la Jarretiere and the neighbouring nation. I may here observe, that it is perhaps improper to use the term villages as I have done, for all these nations which inhabit the prairies, form like the Tartars, wandering hordes, live by the chase, and dwell in huts covered with skins. Nepigon. — Les Nepigons, a post established to the north of Lake Superior ; the com mandant is its farmer, and pays for that privilege about 4,000 francs ; it includes the Lake a la Carpe The Indians who trade at the post are the Saulteux ; this tribe, one of the most numerous in these regions, is wandering, plants nothing, and subsists solely by the chase and fishing. The post produces generally every year from eighty to one hundred bun dles of fiir. Chagoamigon Point. — The post of Point de Chagoamigon [La Pointe] (Monsieur de Beaubassin) ... is farmed in consideration of a sum of eight thousand francs, to Sieur de Saint Luc until 1758 ; there are neither presents nor certificates sent, only the interpretor to be paid. The commandant receives a gratuity of three thousand francs. Tne Indians who trade at the post are the Saulteux. Generally, the post produces each year about two hun dred and fifty bundles. Kamanistigoya. — The post of Kamanistigoya, or Les Trois Rivieres (Monseieur de Repentigny) was farmed to the late M. Cugnet in consideration of a sum of four thousand francs, he having sub-farmed the same to M. Toussaint Portier, the Crown has granted him the surplus in order to iniemnify him for the loss of the licenses of the Saint Maurice. The King bears no other expense than a gratuity of two thousand francs to the commandant ; 84 BOUGAINVILLE ON THE FRENCH POSTS, 1757. there are neither presents nor certificates; the farming of this fort will expire in 1758. The Indians who trade are the Salteux. The fort produces annually from sixty to seventy bundles. Michipicoton. — A post situated to the north-east, as that of Kamanistiguia is to the north-west, of Lake Superior. The Saulteux trade at this post. It ^produces from fifty to sixty bundles of furs. i Sault Ste. Marie. — Fort built with palisades, situated on the strait which unites Lake Superior to Lake Huron, established in 1 750. The fur trade was granted gratis to the commandant in order to promote the settlement. The King gives 400 francs of gratuity charged against Michilimakinac, on which this post depends. The Indians who trade there are the Saulteux. The post produces annually one hundred bundles. The Sieur Debonne and the Sieur de Repentigny have obtained its possession by way of a grant, as an hereditary seigniory. Temiscamingue. — A post situated on a lake of that name, and farmed in consideration of the sum of 7,000 francs ; the Indians call the place where stands the post Aubatswenanek. The tribes that trade there are the Tetes de Boule, or Gens des Terres and the Namcosahio, who come from the shores of Hudson's Bay. Tabitibi. — Is a post dependent upon Temiscamingue, situated at one hundred and twenty leagues from the preceding fort, towards Hudson's Bay ; each post may contain one hundred men ; they subsist on game and fishing; they sow no graiD, and have no village. All this country is mountainous and not at all fertile. The post produces about 120 bundles of furs. Fur Trade and Licenses (Conges). — In almost every post, the house occupied by the commandant, being surrounded with palisades, is honoured with the name of Fort. People in Canada give this name to public stores, (comptoirs), where the fur trade with the Indians takes place, who, in exchange for their peltries, receive the goods wanted by them. In earlier times these posts were sold by auction, and the traders could obtain their possession, but the Governor-General disposes of them now for his favourites, with the approbation ofthe Court. The most important are La Mer d'Ouest, La Baye [des Puants], St. Joseph, Nepigon, and Michilimakinac. The post of Detroit is granted to no one ; the system of licenses (conges) prevails there. 'There are posts where the fur trade goes on for the benefit of the King, such as Toronto, Frontenac, Niagara, Petit Portage, PresquTsle, Riviere au Boeuf, Fort Machault, Fort Du quesne. The traffic in these posts is not a profitable one for the King, who always loses money in this way ; he retains it only tojpreserve the alliance of the Indians ; the storekeepers and the commandants know, however, how to enrich themselves. We call congS the licenses or permits that are granted by the Governor-General for a canoe laden with six thousand pounds of merchandizes intended to be sold in one of the posts indicated ; such a license costs fifty pistoles. The Governor-General, who is at liberty to give more or less, applies these funds to the maintenance of poor families of officers. Account is given to the King of only twenty-two licenses ; the Governor sometimes gives as many as forty ; the half of the fifty pistoles goes to the King, and the other half is at the disposal of the Governor for gratuities The post of LaBaye has given in three years to MM. Rigaud and Marin three hundred and twelve thousand francs, and at the time of M. Marin, the father, who was associated with MM. de la Jonquiere and Bigot, it produced more than one hundred and fifty thou sand francs per annum, all expenses paid Trading Posts. Northern Posts.— 1. Themiskaming (no commandant there) ; 2. Michilimakinao ; 3. La Baye ; 4. La Mer d'Ouest ; 5. Sault Ste. Marie (the seigniory and the exolusive trade are granted in perpetuity to M. Deboune or his heirs) ; 6. Chagouamigon ; 7. Kamanistigouya ; 8. Nepigon; 9. Michipicoton (no commandant) ; 10. St. Joseph ; 11. The River ofthe Illi- EARLY POPULATION OF GREEN BAY AND PRAIRIE DES CHIENS. nois (no commandant has yet been appointed for that post.) The General sells licenses to the traders in order to allow them to trade with the Indians. Southern Posts. — La Presentation, Frontenac, Toronto, Niagara, (the small Fort of Nia gara, — the Indian trade is for the King's benefit) ; Detroit (Licenses are sold to the traders.) The Miamis, sixty leagues above Detroit ; Ouyatanons, sixty leagues above Miamis, on the Ouabache river; Presque'Isle ; River au Boeuf; companies of infantry, of fifty men eaoh, seventy-five Canadians, and about three hundred persons of every description, soatterred over a boundless territory." 100 CIVIL AND MILITARY DIVISIONS OF LOUISIANA, 1723. M. Benard de la Harpe returned to Mobile from Red River on the 26th January, 1720, after having established a post at the Village of the Oododa<|uious, (sic). It has been previously stated that he arrived in Louisiana, in the month of August, 1718, and set out for Red River with fifty men. He returned to New Orleans the following October, and on the 10th December again he sot out for Red River, with a detachment of troops, to establish a fort among the Cadodaquious. When he arrived at Natchitoches (where a fort is built), he found M. Blondel in command, and Father Manual at the mission of the Adayes, about nine leagues distant. (1720.) The Western Company recommended them (the Company's directors) to have a good understanding with M. de Vaudreuil, Governor of Canada, in regard to the wars with the Indians ; ordered that the post established by M. de Boisbriant, nine leagues above the village of the Kaskaskias, should be called Fort Chartres ; that at Biloxi, Fort Louis ; that at Mobile, Fort Conde. (1721.) On the 24th [April], M. de Boisbriant wrote to M. de Bienville from the Illinois, that three hundred Spaniards had left Santa F6, the capital of New Mexico, for the purpose of conquering the colony, but only seventy had put their threat into execution, who had arrived at the Kansas River where they encountered the Octotata and Panis Indians, who massacred all except a priest, who had made his escape on horseback. Civil and Military Divisions of Louisiana in 1723.* Louisiana, in 1723, was divided into nine civil and military districts, as follows, viz : — 1st, the district of the Alibamons ; 2nd, of Mobile ; 3rd, of Biloxi ; 4th, of Natchez ; 5th, of New Orleans ; 6th, of Yazoo ; 7th, of Illinois ; 8th, of Arkansas ; and 9th, of Natchi toches. Each was protected by a fort, and under the jurisdiction of a commandant and judge, who administered the' military and civil concerns of each. Fort Chartres was the headquarters of the commandant of Upper Louisiana, and was deemed one of the strongest French posts in North America. It was erected in the vicinity of Prairie du Rocher (in 1720), about one mile and a half from the river bank, about twenty-five miles below Kaskaskias. its form was quadrilateral, with four bastions built of stone, and well cemented with lime. Each side was three hundred and forty feet in length ; the walls were three feet thick and [fifteen feet high. Within the walls were spacious stone barracks, a spacious magazine, well, etc. The cornices and casements, port-holes or loops were of solid blocks of stone. In 1770, the river broke through its banks, and in two years afterwards two of its bastions fell into the river. It was then suffered to fall into decay, and it is now one of the most beautiful and picturesque ruins in the valley of the Mississippi. Fort Rosalie, at the Natchez,, stood on the summit of a hill about six hundred and seventy yards from the shore of the river, and about one hundred and eighty feet above the surface of the water, overlooking a beautiful champaign country, and the river for many miles both up and down. It was an irregular pentagon without bastions, and built of thick plank. The buildings within consisted of a stone house, magazine, houses for the officers, and barrack for soldiers. The ditch surrounding it was partly natural and partly artificial, and in most places nineteen feet from the bottom to the top of the rampart. M. de Bienville named it Rosalie in honour of Madame la Duohesse de Pontchartrain. By the sliding and caving in of the banks of the river, its huge bastions become nearly all destroyed ; still it is one of the most interesting and picturesque spots that the traveller can visit in the delta of the Mississippi. The fort at Pointe Coupee, was a quadrangle with four bastions, built with stockades, on the west bank of the Mississippi River. * From Historical Collections of Louisiana, by B. F. Fronoh, part iii., note, pp. 84-86. CIVIL AND MILITARY DIVISIONS OF LOUISIANA, 1723. 101 Fort ARKANSAS was erected in 1685, about three leagues from the mouth of that river, and about two hundred yards from the water side. It was built of stockades, and the interior sides of the polygon measured about one hundred and eighty feet long, mounted with cannon. The Arkansas, or Quapas Indians lived about three leagues above it, where the celebrated John Law had his concession, which he settled with Germans. After the failure of his great financial schemes the Germans deserted the settlement, and located themselves on the Mississippi, about thirty miles above New Orleans, on small plantations, which has ever since borne the name of the German Coast. Fort Crevecoeur, afterwards called St. Louis, was built by De la Salle, in the country of the Illinois, on his first visit to that country. It was seated on the top of a steep bluff, about two hundred feet high, with a spacious esplanade, and the river washing its base. M. de la Salle likewise built a stockade fort at St. Bernard's Bay, Texas, in 1685, claim ing possession and jurisdiction over all the country from the mouth of the Mississippi to the Rio Grande, or Rio Bravo del Norte, of Mexico. Fort St. Louis de Carlorette was built in 1719, by the orders of M. de Bien ville, on the right bank of Red River, in north latitude 33° 55', as a sign of the j urisdiction of France in that part of Louisiana, since called Texas. The first old Fort Biloxi has been placed by Major Stoddard, in his work on Louisiana, on Perdido Bay, the ancient boundary line of the French and Spaniards, about twelve miles west of Pensacola Bay, where, he says M. d'iberville erected a fort with four bastions, on which be mounted twelve cannons, and where it is said some remains of it may still be seen. But beth is true or not, M. d'iberville, before he sailed for France in 1699, built a fort upon the north-east shore of the Bay of Biloxi, about fifteen miles north of Ship Island, of four bastions and mounted with twelve cannons (the remains of which are still to be seen), which was the sign of the jurisdiction of France from the Rio Perdido to the Rio Bravo del Norte, and appointed M. de Sauvolle its commander, who kept a journal or history of the colony up to the day of his death, and which is now printed for the first time in this work. The Balize Fort, at the mouth of the Mississippi River, was built about the same time on anisland, and mounted with cannon to proteot the French ships that anchored there, and to drive off the Spaniards. Fort Louis de Mobilie, or Conde, was built upon the River Mobile, and below the town and about fifteen or sixteen leagues from the fort on Dauphin Island. It was constructed of cricks, with four bastions mounted with cannons, after the manner of Vauban, with half moons, deep ditches, covered ways and glacis, with houses for the officers and barracks for the soldiers. The foundations of this fort arc still to be seen, occupying a considerable space In the City of Mobile. Although this was the headquarters ofthe French Governor for many years, they were afterwards removed to New Orleans, on the banks of the Mississippi, which the French, and afterwards the Spanish, fortified after the manner of Vauban. A ditch was extended round the city of about eighteen feet in width, with ramparts of earth, and palis ades nearly six feet high along the interior or inner side of them. Five large bastions were erected at proper distances, and likewise five intervening redoubts. The hastions were regularly constructed : each of them was furnished with a banquette, rampart, parapet, ditch, covered way, and glacis. The curtains were wholly formed with palisades at a small distance from each other, and were musket proof ; they had a banquette within, and ditch and glacis without. A small redoubt, or ravelin, was placed in the centre of each bastion, and all the latter were of sufficient size to admit of sixteen embrasures — four in each face, three in each flank, and two in the gorge facing the city — the whole' of which was mounted with heavy cannon ; the south west bastion with a counter-guard and traverses, and a small redoubt on the bank of the river. The two forts (St. Charles and Conde) at the angles facing the river, likewise mounted with heavy Spanish ordnance, constituted the defence of the city when Louisiana was ceded to the United States. 102 IMPORTANCE OF THE COLONY OF LOUISIANA. Memorandum* intended to set forth the importance of the Colony of Lou isiana AND THE NECESSITY OF CONTINUING ITS ESTABLISHMENT. BY M. BENARD de la Harpe. (Extracts.) With respect to the lay ofthe lands, the longitude of Louisiana, up to the height of 39°, extends from the limits of New Mexico, that is to say, from 275°, to the frontiers of New England in about the 307th degree of longitude ; but this extent varies after pass ing the 38th degree of latitude, because, beyond this distance from the pole, we are entitled to extend westward as far as our discoveries may lead us. The breadth of Louisiana is better ascertained. It can be run from the 29th° of latitude, which is that of the entrance of the river, up to 42° 30', which is the height of the Strait [Detroit.] This Province is exclusively situated between the fourth and the eight zones (climats) ; and this accounts for the length of the days and the nights. Where they are the shortest, theyscarcely exceed fourteen hours, thirty minutes ¦ and where they are the longest, not above fifteen hours, thirty minutes. * * * This position of Louisiana, well described on the map which has been prepared by the Sieur de la Harpe, renders it easy of comprehension, that the first benefit from this discovery has been communication from Canada with the Gulf of New Mexico, through a wild country of nearly five hundred leagues in extent ; and nevertheless, it has been very easy to establish this by the River Mississippi, whioh runs from north to south, and finds its exit in the Gulf of Mexico, and by the rivers Ouabache and Illinois, which, taking their rise on the Canada side, empty themselves in the Mississippi. * * * The English have allied themselves to a great many savage nations of America, and daily contract fresh alliances with the Iroquois, the Charaquis, the Chaouanons, the Chicachas, the Cahiutas, the Alibamons, and many other nations bordering on Louisiana ; where we have seen them push their trade even up to the Mississippi and the gates of the Mobile. If they had carried out their project of establishing. themselves on the river of the Ouabaches [Ohio,] which takes its rise in the neighbourhood of New England, but ashort space of time would elapse before they appeared and enlisted on their side the Illinois, the Miamis, the Octotata, the Foxes, the Sioux, and the other nations of upper Canada. This would greatly prejudice New England, of which the Island of Cape Breton is a dependency, which is the only one where we can, with safety, fish for cod. * * * From Louisiana will be obtained skins of wild bulls, the wool of which can be turned to use. No difficulty need be experienced, since M. de Juchereau, Lieutenant-General of the jurisdiction of Mont-Real, who in 1702, had, with thirty-four Canadians, established a post on the Ouabache, in the name of a company, where he had collected in a short space of time, fifteen thousand skins of bulls, as detailed in the narration in the Historical Journal of the month of January, 1705. From this colony will be obtained skins of fallow deer, bear, red deer, and finer peltries than from Canada, beeause the upper part of the Mississippi River communicates with several northern nations who reside at too great a distance from the lakes by which the descent is effected towards the St. Lawrence River, and it is for the self-same reason that these skins of bulls cannot be obtained from Canada, as the Canadians have not pushed their trade so far as that. The Sioux savages and the Assinipolis are those who, by means of the Christinaux, •mrry the largest part of their finest peltries to the English at Hudson's Bay ; but it would be easy to renew alliances with them, and to attract their trade by the Mississippi ; because in order to go to Hudson's Bay, it is necessary to make a long journey through a country always frozen and without edibles, carrying their merchandize on their backs, whilst to trade with us, they would only have to descend the Mississippi in their canoes, as far as the entrance ofthe River Saint Pierre, where they would find a more genial climate, and a country with a greater abundance of all sorts of things. But, in this case, it would be necessary to found establishments on the banks of this river, and adhere to the plan of the late M. le Sueur in the manner agreed on with M. L'Huillier, the Farmer-General. * Printed in Historical Collections of Louisiana, by B. F. Frenoh, part, iii., note pp. 112-118. ROUTES WHICH THE FRENCH HAD TO THE MISSISSIPPI. 103 ROUTES WHICH THE FRENCH HAD TO THE MISSISSIPPI.* From a Representation of the Lords Commissioners for Trade and Planta tions to the King, upon the state of His Majesty's Colonies and Plan tations on the Continent of North America. Dated September the 8th, 1721. The French territories in America extend from the mouth of the River St. Lawrence to the embouchere of the Mississippi, forming one continued line from north to south on the back of your Majesty's plantations, and although their garrisons, in many parts, are hitherto but very inconsiderable, yet as they have, by the means ot their missionaries, debauched several of the Indian nations to their interest, your Majesty's subjects along the continent have the utmost danger to apprehend from this new settlement, unless timely care be taken to prevent its increase. * * * From this lake [Erie] to the Mississippi they have three different routes. The shortest by water, is up the River Miamis, or Ouamis, on the south-west of Lake Erie, on which river they sail about 150 leagues without interruption, when they find themselves stopped by ano ther landing of about three leagues, which they call a carrying place, because they are generally obliged to carry their canoes over land in those places to the next river, and that where they next embark is a very shallow one called La Riviere de Portage ; hence they row about 40 leagues to the River Oubach, and from thence about 120 leagues to the River Ohio, into which the Oubach falls,, as the'River Ohio does, about 80 leagues lower, into the Mississippi, which continues its course for about 350 leagues, directly to the Bay of Mexico. There are likewise two other passages, much longer than this, which are particularly pricked down in Hennipen's map, and may be described in the following manner : — From the north-west of Lake Erie to a fort on the Lake St. Clair called Pont Chartrin [Detroit], is about eight leagues sail. Here the French have a settlement, and often four hundred traders meet there. Along this lake they proceed about seven leagues further, and thence to the great Lake Huron about ten leagues ; hence they proceed to the Straits of Michillimackinack, one hundred and twenty leagues- Here is a garrison of about thirty French, and a vast concourse of traders, sometimes not less than 1000, besides Indians, being a common place of rendezvous. At arid near this place the Outarwas, an Indian nation, are settled. From the Lake Huron they pass by the Straight of Machillimackinack four leagues, being two in breadth, and of a great depth, to the Lake Illinois ; thence one hundred and fifty leagues on the lake to Fort Miamis, situated on the mouth of the River Chigagoe ; from hence came those Indians of the same name, viz : Miamis, who are settled on the foremen- tioned river that runs into Erie. Up the River Chigagoe they sail but three leagues to a passage of one-fourth of a league ; then enter a small lake of about a mile, and have another very small portage ; and again ano ther of two miles to the River Illinois ; thence down the stream one hundred and thirty leagues to' Mississippi. The next rout is from Michillimakinack on the Lake Illinois to the Lake de Puans, ninety leagues ; thence to the River Paans, eighty leagues ; thence up the same to a portage of about four miles before they come to the River Owisconsing ; thence forty leagues to Mis sissippi. These distances are as the traders reckon them, but they appear generally to be much over done, which may be owing to those peoples coasting along the shores of the lakes and taking in all the windings of the rivers, t * London Documents, N. Y. Hist. Col., Vol. V., pp. 620-2. t The French had, besides those here mentioned, two other principal routes from the Lakes to the Mis sissippi : that of the Ohio, which, starting from Presqu' Isle, on the south shore of Lake Erie, proceeded to the Riviere au Boeuf, down that stream to its junction with the Ohio, and by the latter to the Mississippi ; and that by Fond du Lac, at the extreme south-western corner of Lake Superior, and thence 3ither south westerly to the main stream of the Mississippi, or, more usually, to the head waters of and down the River St. Croix. 104 FRENCH CORRESPONDENCE AND MEMOIRS, 1668-1745. VII. €axxt8$aufot\m anb jtomments relating to Hubert's §as. FRENCH CORRESPONDENCE AND MEMOIRS, 1668-1745. From Denonville's Instructions to Sieur de Troyes, Feb. 12th, 1668. The Marquis de Denonville, Feb. i2, 1668, appointed le Sieur de Trois (sic) to go in search of the most advantageous posts and occupy the shores of the Baie du Nord and the embouchures of the rivers that enter therein, " to entrench and fortify the said posts. to seize the robbers, coureurs des bois and others whom we know to have taken and arrested several of our French engaged in the Indian trade, whom we order him to arrest, especially the said Radisson and his adherents, wherever they may be found, and bring them to be punished as deserters, according to the rigour of the ordinances." Memoir: M. Talon to M. Colbert.* Quebec, Nov. 10, 1670. I learn by the return of the Algonquins, who will winter this year at Tadoussac, that the two European vessels have been seen very near Hudson's Bay, where they wig wam (cabanent), as the Indians express it. After reflecting on all the nations that might have penetrated as far north as that, I can only light on the English, who, under the guidance of a man named Des Grozeliers, formerly an inhabitant of Canada, might pos sibly have attempted that navigation, of itself not much known — and not less dangerous. I intend despatching thither, overland, some man of resolution to invite the Kilistinons, who are in great numbers in the vicinity of the Bay, to come down to see us, as the Ottawas do, in order that we may have the first pick of what the latter savages bring us, who, acting as pedlars between those nations and us, make us pay for a round-about of three or four hundred leagues. M. Talon to the King.t Quebec, Nov. 2. 1671. Three months ago I despatched with Father Albanel, a Jesuit, Sieur de St. Simon* a young Canadian gentleman recently honoured by His Majesty with that title. They are to penetrate as far as Hudson's Bay, draw up a memoir of all they will discover, drive a trade in furs with the Indians, and especially reconnoitre whether there be any means of wintering ships in that quarter, in order to establish a factory that might when necessary, supply provisions to the vessels that will possibly hereafter discover, by that channel, the communication between the two seas — the north and the south. Since their departure I have received letters from them three times. The last, brought from one hundred leagues from here, informs me that the Indians whom they met on the way have * N. Y. Hist. Col. vol. IX., p. 67. ¦ t Ibid. p. FRENCH CORRESPONDENCE AND MEMOIRS, 1668-1745. 105 assured them that two English vessels and three barks have wintered in the neigh bourhood of the Bay, and made a vast collection of beavers there. If my letters, in re ply, are safely delivered to the said Father, this establishment will be thoroughly ex amined, and His Majesty will have full information about it. As those countries having been long ago (anciennement). originally discovered by the French, I have commissioned the said Sieur de St, Simon to take renewed possession in His Majesty's name, with orders to. set up the escutcheon of France, with which he is entrusted, and to draw up a proces verbal, in the form 1 have furnished him. It is proposed to me to despatch a bark of sixty tons hence to Hudson's Bay, where by it is expected that something will be discovered of the communication between the two seas. If the adventurers who form this design subject the King to no expense, I shall give them hopes of some mark of honour if they succeed, besides indemnifying them selves from the fur trade which they will carry on with the Indians. Joliet's Voyage to Hudson's Bay.— From Count de Frontenac* 6th and 8th Nov., 1679. [I] send the narrative and map of the voyage Sieur Joliet has made to Hudson's Bay, which the farmers of the revenue of Canada have demanded of him. This relation is dated 27th of October, 1679, and signed Joliet. From M. de Frontenac, 2nd Nov., 1681.f Sieur Radisson, who is married in England, had returned to Canada from the Islands, where he had served under Marshal D'Estrees. He had applied to him for per mission to go in a vessel belonging to Sieur de la Chesnay, to form establishments along the coasts leading towards Hudson's Bay. From Duchesneau'sJ Memoir.§ 13th Nov., 1681. They [the English] are still at Hudson's Bay, on the north, and do great damage to our fur trade. The farmers' (of the revenue) suffer in consequence by the diminution of the trade at Tadoussac, and throughout that entire country, because the English draw off the Outawa nations ; for the one and the other design, they have two forts in the said Bay — the one towards Tadoussac, and the other at Cape Henriette Marie, on the side of the Assinibouetz. The sole means to prevent them succeeding in what is prejudicial to us in this re gard, would be to drive them by main force from that Bay, which belongs to us ; or if there would be an objection to coming to that extremity, to construct forts on the rivers falling into the lakes, in order to stop the Indians at these points. Should the King adopt the resolution to arrange with the Duke of York for his possessions in this quarter, in which case Boston could not resist, the only thing to fear would be that this country might go to ruin, the French being naturally inconstant and fond of novelty. * N. Y. Hist. Col., Vol. IX., p. 795. t Ibid. p. 796. ± The Sieur Jacques Duchesneau, appointed by the King Intendant in Canada, &c. in 1675 § N. Y. Hist. Col., Vol. JX., p. 166. 106 FRENCH CORRESPONDENCE AND MEMOIRS, 1668-1745. But as this could be remedied by rigorous prohibitions, that consideration ought not to prevail over the great benefit which would accrue, and the great advantages His Majesty and his subjects must eventually derive from the transaction. Memoir Relating to Hudson's Bay.* The Ambassador of the King of England, at Paris, complained that the man named Radisson and other Frenchmen having gone with two barks, called Le St. Pierre and La Ste. Anne, into the river and port of Nelson, in 1682, seized a fort and some property of which the English had been in possession for several years. Radisson and Desgrozelliers maintained that these allegations are not true ; but that having found a spot on the River Nelson adapted to their trade, more than 150 leagues distant from the place where the English were settled in Hudson's Bay, they took possession of it in the King's name, in the month of August, 1682, and had commenced building a fort and some houses there. That on the 14th September following, having heard cannon, they went out to ex amine, and on the 26th found some beginning of houses on an Island, and a vessel aground near the coast. That these houses had been begun since they entered the river and had set about working at their fort and building, and, therefore, that they were the first occupants. That, since then, each having wished to maintain his establishment, the French were become the masters. That the ice and bad weather having caused the destruction of an English ship, some men belonging to it had died ; but that they had on their part, treated them with great moderation and kindness, and rendered every assistance to the English, who appeared satisfied. From M. de la Barre, Governor of Canada, t Quebec, Nov. 12, 1682. As to what relates to Hudson's Bay, the company in old England advanced some small houses along a river which leads from Lake Superior. As possession was taken of this country several years ago, he will put an end to this disorder, and report next year the success of his design. Louis XIV. to M. de la Barre. $ Fontainebleau, 5th Aug., 1683. I recommend you to prevent the English, as much as possible, from establishing themselves in Hudson's Bay, possession whereof was taken in my name several years ago ; and as Col. d'Unguent [Dongan], appointed Governor of New York by the King of Eng land, has had precise orders on the part of the said King to maintain good correspondence with us, and carefully to avoid whatever may interrupt it, I doubt not the difficulties you have experienced on the side of the English will cease for the future. "N.Y. Hist. Col., Vol. IX., pp. 797-8. t Ibid. p. 798. J Ibid. p. 200. FRENCH CORRESPONDENCE AND MEMOIRS, 1668-1745. 107 ¦ — ¦¦ ¦ X- M» de la Barre to M. de Seignelay.* Quebec, 4th Nov., 1683. The English of Hudson's Bay have this year attracted many of our northern Indi ans, who for this reason have not come to trade to Montreal. When they learned by ex presses sent to them by Du L'Hut, on his arrival at Missilimakinak, that he was coming, they sent him word to come quickly, and they would unite with him to prevent all the others going thither any more. If I stop that pass, as I hope, and as it is necessary to dor as the English of that Bay excite against us the savages, whom Sieur De L'Hut alone can quieten, I shall enter into arrangements with those of New York for the surrender to me- of any guilty fugitives. They appear well satisfied with me, but were desirous to obtain an order to that effect from the Duke of York. I judge from the state of European affairs that it is important to manage that nation, and I shall assiduously apply myself thereto. * * * * A small vessel has just arrived from Hudson's Gulf, two hundred leagues further north than the Bay. She brings back those who were sent there last year by order of Count de Frontenac. You will receive herewith an exact map of the place. But divers little rencontres have occurred between our Frenchmen and the English, of which I send you a particular relation, in order, should any complaint be made to the King of England, and he speak of it to M. Barillon, the latter may be able to inform him of the truth. It is proper that you let me know early whether the King desires to retain that post, so that it may be done, or the withdrawal of the. French ; for which purpose I shall dispose- matters in order to aid them overland beyond Lake Superior, through Sieur Du L'hut,- and to send to them by sea to bring back the merchandize and peltries. M. de Seignelay to M. de la Barre. -f- Versailles, April 10, 1684. It is impossible to imagine what you pretended when, of your own authority, with out calling on the Intendant and submitting the matter to the Sovereign Council, you ordered a vessel to be restored to one Guillam, which had been captured by Radisson and De Groszeliers, and in .truth you ought to prevent these sort of proceedings, which are entirely unwarranted, coming under His Majesty's eyes. You have herein done what the English will be able to make a handle of, since in virtue of your ordinance you caused a vessel to be surrendered which ought strictly to be considered a pirate, as it had no coim mission ; and the English will not fail to say that you so fully recognized the regularity of this ship's papers that you surrendered it to the proprietors, and they will thence pre tend to conclude that they had taken legitimate possession of the River Nelson before Messrs. Radisson and Desgroszeliers had been there, which will be very prejudicial to the- colony. From the Letter written by Sieur Du L'Hut to M. de la Barre, from below the Portage Teragon.j 10th September, 1684. As I was leaving the Lake of Almepigon I made, in June, all the presents necessary to prevent the savages from further carrying their beaver to the English. I have met the Sieur de la Croix with his two comrades, who gave me your despatches, wherein you tell * N. Y. Hist. Col., Vol. IX., pp. 205, 209. t Ibid. p. 799 ; also p. 221. X Archives de Paris, 2nd Series, Vol. IV., p. 263. 108 FRENCH CORRESPONDENCE AND MEMOIRS, 1668-1745. me to omit nothing in forwarding your letters to the Sieur Chouart, at Nelson River. To carry out your instructions there was but Mons. Per6, who would have to go himself, the savages having all, at that time, withdrawn into the interior to secure their blue berries. The said Sieur Pere will have left in August. In the month of August last, he will have remitted your letters to the said Sieur Chouart. It remains for me Sir, to assure you that all the savages of the north- have great con fidence in me, and that enables me to promise you that, before the lapse of two years, not a single savage will visit the English at Hudson's Bay. This they have all promised me, and have bound themselves thereto by the presents which I have given, or caused to be given to them. The Klistinos, the Assenepolacs, the people from the Sapiniere, the Openens, Dachiling, the Outoubouhys and Tabitibis, which comprise all the nations which are to the west of the Northern Sea, have promised to be, next spring, at the fort which I have constructed near the River a la Maune, at the bottom of Lake Alemepigon ; and next summer, I will construct one in the country of the Klistinos, which will be an effec tual barrier. Finally, Sir, I wish to lose my life if I do not absolutely prevent the savages from visiting the English. M. de la Barre to the King.* Quebec, Nov. 13, 1684. It remains for me to request your Majesty's orders in regard to the English, as well those of New York as those settled on Hudson's Bay. I fear they have attacked the French posts last year in Nelson's Gulf, and that Katisson (Radisson), who I learn is at their head, has opposed force and violence to the justice of our cause, of which your Majesty shall be informed. Whether I must oppose force to force, and venture by land against those who might have committed some outrage against your subjects at sea, is a matter on which your Majesty will please furnish me with some precise and decisive orders, whereunto I shall conform my conduct and actions. [1684]. Gaultier de Comport^, PrJsvotb of Canada, has heretofore, presented a memoir, by which he requests the grant unto himself and his associates, of the ownership of the River de Bourbon — de Nelson — in Hudson's Bay, of which possession had been taken in the name of the King, for as long a time as it should please, with permission to establish three posts in the river which descends into the said bay, at seventy leagus from the place where the farmers are settled.^ Extracts from the Memoir of Sieur de Calli^resJ to the Marquis de Seignelay. § Feb. 25th, 1685. The third pretension of the English is to drive the French from Hudson's Bay, the whole of which country they claim as their property. And, in consequence of this pretension, they dispatched some vessels last year to that Bay, which carried off several Frenchmen, whom a Company, formed at Quebec, settled in that quarter at a place called the River Bourbon, and conveyed thorn to London, with the beaver and other peltries * N. Y. Hist. Col., Vol. IX., p. 251. t Archives de Paris, 2nd Series, Vol. IV., p. 227. X A veteran who had served twenty years in the Frenoh armies. He was Governor of Montreal ; and subsequently, on the death of Frontenac, succeeded him as Governor and Lieutanant-General of Canada. § N. Y. Hist. Coi., Vol. IX., pp. 265-8. FRENCH CORRESPONDENCE AND MEMOIRS, 1668-1745. 109 belonging to the said French Company to the value of nearly two hundred thousand livres. * * * * As regards Hudson's Bay, the French settled there in 1656, by virtue of an arrU of the Sovereign Council of Quebec, authorizing Sieur Bourdon, its Attorney-General, to make the discovery thereof, who went to the north of said Bay, and took possession thereof in His Majesty's name. In 1661, Father Dablon, a Jesuit, was ordered by Sieur d'Argenson, at the time Governor of Canada, to proceed to said country. He went thither accordingly, and the Indians, who then came from thence to Quebec, declared they had never seen any Euro pean there. In 1663, Sieur d'Avaugour, Governor of Canada, sent Sieur Couture, Seneschal of the C6te de Beaupre, to the north of the said Hudson's Bay, in company with a number of Indians of that country, with whom he went to take possession thereof, and he set up the King's arms there. In the same year, 1663, Sieur Duquet, King's Attorney to the Prevdte of Quebec, and Jean l'Anglois a Canadian colonist, went thither again by order of the said Sieur d'Argen son, and renewed the act of taking possession by setting up His Majesty's arms there a second time. This is proved by the a/rril of the said Sovereign Council of Quebec, and by the orders in writing of said Sieurs d'Argenson and d'Avaugour. Ihe English allege that the north coast of Hudson's Bay, where the French estab lished themselves, had been discovered by Chevalier Button, an Englishman, as early as 1621.* But we answer that he made no record there of taking possession, and that they did not have any settlement there before the year 1667,-when the Frenchmen named Des Grozelliers and Radisson conducted the English thither to a place called Nelson's River; and in 1676 the said Des Grozelliers and Radisson, having returned from Eng land, and having obtained pardon for their defection, a company was formed at Quebec who sent them to Hudson's Bay, where they founded a settlement north of the said Bay on the River Bourbon, which is the one the English seized last year, in consequence of a new treachery on the part of said Radisson, who re-entered their service and con ducted them thither. Meanwhile, the company formed at Quebec sent two ships to the said Bay last year, under the impression that they would find their people, with a quan tity of peltries, at the settlement on the River Bourbon, of right belonging to them, where the company is in a condition to maintain itself if protected by his Majesty. From the Memoir of M. de Denonville on the state of Canada. .Nov. 12, 1685. In regard to Hudson's Bay (du nord), should the King not think proper to enforce the reasons His Majesty has for opposing the usurpations of the English on his lands, by the just titles proving His Majesty's possession of it long before the English had any knowledge of said country, nothing is to be done but to find the means to support the company of said Bay, formed in Canada by the privilege His Majesty has been pleased this year to grant his subjects of New France, and to furnish them, for some years, a few vessels of one hundred and twenty tons, only well armed and equipped. I hope, with this aid, our Canadians will support this affair, which will otherwise perish of itself, whilst the English merchants, more powerful than our Canadians, will with good ships continue their trade, whereby they will enrich themselves at the expense of the colony and of the King's revenue. * This should be 1612 ; that being the year of Button's discovery. 110 FRENCH CORRESPONDENCE AND MEMOIRS, 1668-1745. Capitulation of Albany Fort.* Articles agreed upon between the Chevalier de Troyes, Commander-in-Chief of the detachment of the North- West, for the French Company of Canada, and Henry Sergeant, Esq., Governor, for the English Company of Hudson's Bay, July 16, 1686. It is agreed upon to deliver up the Fort, together with all the goods belonging to the •said Company, which are to be scheduled for the mutual clearing of us, the forenamed, and satisfaction of all parties. II. That all the Company's servants at Albany River shall enjoy all wearing apparel belonging to themselves. III. That the aforesaid Henry Sergeant, Esq., Governor, shall enjoy and possess all that belongs to himself ; and that his minister, his three men servants and maid servant shall constantly be permitted to remain with him and attend him. IV. That the Chevalier de Troyes shall convey all the Company's servants to Charle- ton Island, there to expect English ships for their transportation ; and if English ships should not arrive, then the aforesaid Chevalier de Troyes is to assist them with what vessels the country affords, for their conveyance into England. V. That the said Chevalier de Troyes shall deliver to the said Henry Sergeant, Esq., Governor, or to his storehouse keeper, such provisions as shall be thought fitting and necessary to carry them to England, if no ships come from thence, and in the meantime give them such sustenance as shall be sufficient for them. VI. That all the storehouses shall be locked up, and the keys delivered to the said Chevalier de Troyes, Lieutenant, that nothing may be in the said storehouses embezzled, till the account be taken, according to the first article. Lastly, That the Governor and all the Company's servants at Albany River shall come out of the Fort and deliver it up to the said Chevalier de Troyes, all the men, the Governor and his son excepted, being without arms, which is to be forthwith. [The French version, which follows is probably the original, though the heading of the English version is fuller; for the French Commander, who denied the honours of war to the retiring garrison, would not likely allow the capitulation to be drawn up in English, especially as its terms must have been dictated by him. Potherie adds that the Treaty was signed by the two contracting parties ; that Ste. Helene and Iberville entered the Fort, and afterwards took the Governor to the Isle of Charles Eston (Charleton), and the rest of the English went to Monsipi. Afterwards Iberville took the English to France.] t Articles accordees entre M. le Chevalier de Troyes, Commandant le detachment de partie du Nord, et le Sieur Henri Sergent, Gouverneur pour la Compagnie Angloise de la Baye de Hudson, le 16 Juilliet, 1686. Premierement. II a ete accorde que le Fort seroit rendu avec tout ce qui appartient a la dite Compagnie, dont on doit prendre une facture pour notre satisfaction particuliere, et pour celle des deux parties en general. II a ete accorde que tous les domestiques de la Compagnie qui sont a la riviere Albani, jouiront de ce qui leur apartient en propre. Que le dit Henri-Sergent, Gouverneur, jouira et possedera tout ce qui lui appartient en propre, et qui son Ministre, ses trois Domestiques et sa servante resteront avec lui et l'attendront. Que le dit Sieur Chevalier de Troyes renvoyera les Domestiques de la Compagnie & l'lsle de Charles-Eston,pour y attendre les Navires qui doivent venir d'Angleterre pour les y passer. Et en cas que les dudit Navires n'arrivent point, le Sieur Chevalier de Troyes les assistera d'un vaisseau tes qu'il pourra, pour les renvoyer en Angleterre. * From " The British Empire in America," Oldmixon, p. 408. -f Voyage de L' Amerique, Par. M. de la Potherie. Amsterdam, 1723, t. I. pp. 161-2. FRENCH CORRESPONDENCE AND MEMOIRS, 1668-1745, 111 Que le dit Sieur Chevalier de Troyes donnera 'audit Henri-Sergent, Gouverneur, ou a son commis, les vivres qu'il croira lui etre necessaires pour lui et pour son monde, pour les reconduire en Angleterre, si les b&timens n'arrivent pas & son port, et pendant ce temps la leur donnera des vivres pour attendre leur vaisseaux. Que ses magazins seront fermez et scellez, et les clefs seront delivrez au Lieutenant dudit Sieur Chevalier de Troyes, afin que rien ne soit detourne pour en prendre line fac- ture, suivant le premier Article. • Que le Gouverneur et tous les Domestiques de la compagnie qui sont k la riviere Al- bani, sorteront hors du Fort, et se rendront au du dit Sieur Chevalier de Troyes, et tous seront sans armes, excepte le Gouverneur et son fils, qui auront l'epee au c6te. Overland Routes to Hudson's Bay. — From M. de Denonville. October 10, 1686. We have experienced that, by the Temiskamins and Abitibis, -the road is terrible, and that all that could be done would be to carry a sufficient supply of provisions for the round trip. It is believed that that of Nemisbo by Tadoussac is better ; but in truth it is long and painful enough : besides, the navigation of the rivers is so difficult, that it is only possible to pass underneath the trees that lie across the narrow river ; but that may be overcome in time. These, Monseigneur, are the only two roads that lead to the bot tom of the Bay [James's Bay].* It is reckoned 250 leagues from the post of Quichichouanne [Fort Albany] to Port Nelson. The overland road is not yet well known to our French ; the next year will not pass without their becoming acquainted with it ; it is not practicable to carry mer chandize there. Right of the French to Hudson's Bay. — M. de Denonville to M. de Seignelay.! 8th November, 1686. (Extract.) On the 29th April, 1627, a new [company] was organized, to which the King [Louis XIII] conceded the entire country of New France, called Canada, in latitude from Florida which his Majesty's Royal predecessors had had settled, keeping along the sea coasts as far as the Arctic Circle, and in longitude from the Island of Newfoundland west ward to the Great Lake called the Fresh Sea, and beyond, both along the coasts and into the interior." * * * . Since that time the French have continued their commerce within the countries of the said grant. In 1656, Jean Bourdon ran along, the entire coast of Labrador with a vessel of thirty tons, entered and took possession of the North Bay. This is proved by an extract of the ancient Register of the Council of New France of the 26th of August of said year. In 1661, the Indians of said North Bay came expressly to Quebec to confirm the good understanding that existed with the French, and to ask for a missionary. Father Da- blon went overland thither with Sieur De La Valliere and others Father Dablon has given his certificate of the fact. In 1663, those Indians returned to Quebec to demand other Frenchmen. Sieur D'Avaugour, then Governor, sent Sieur Couture thither with five others. Said Sieur Couture took possession anew of the head (fonds) of said Bay, * In addition to these two routes by the Saguenay and Temiscamingue, that of the St. Maurice seems also to have been used ; and from Lake Superior the French had several routes— notably by the Michipiooten a,nd Lake Nepigon— to the Moose, Albany, and Nelson Rivers, and so to the Bay. t N. Y. Hist, Col., Vol. IX , p. 303. 112 FRENCH CORRESPONDENCE AND MEMOIRS, 1668-1745. whither he went overland, and there set up the king's arms, engraved on copper. This Ls proved by Sieur D'Avaugour's order of the 20th May, 1663, and the certificates of those who were sent there. In 1671, Sieur de Saint Lusson was sent by Sieur Talon, Intendant in Canada, to the Sault Saint Mary of the Outawas, where all the nations a hundred leagues around, to the number of seventeen, repaired and voluntarily submitted themselves to His Majesty's dominion. Saiu Sieur de Saint Lusson afterwards erected the cross there, and affixed thereto His Majesty's Arms. These seventeen nations included all those of the Outawas, and of the entire of Lake Huron, those of Lake Superior, of the whole northern country and of Hudson's Bay, of la Baie des Puans [Green Bay], and of the Lake of the Illinois [Lake Michigan], as is proved by the relations thereof, which were sent by the said Sieur Talon, and by the proces-verbal of the taking of possession. * * * The English cannot derive any advantage from all their voyages, because those who went as far as the 56th degree have only explored some small portions of the coasts of Labrador without entering into the North Bay, and without making any sojourn or estab lishment there, and the others who proceeded further, were merely in search of the pas sage whereby they could go westward to the East Indies without intending to make anv settlement, and he* who approached the nearest to Port Nelson was only about the 63rd degree. Had the English in making their voyages any other design than to discover the said passages, they would not have failed' to obtain grants of the countries they dis covered, as they had done of Florida in 1607, and of the North Bay when they were con ducted thither. The settlement made by the English in 1662 atthe head of the North Bay does not give them any title, because it has been already remarked that the French were in posses sion of those countries, and had traded with the Indians of that Bay, which is proved still better by the knowledge the men named Desgroselliers and Radisson had of those parts where they introduced the English. They had traded there no doubt with the old French Coureurs des bois. Besides, it is a thing unheard of that rebellious subjects could convey any right to countries belonging to their Sovereign. Marquis de Denonville, 13th October, and 10th and 16th November, 1686.* Affairs are becoming more and more embroiled, and the English who urge on the Iroquois are but too well aware of their evil design. The French coureurs des bois, with 100 men, took from them three forts they were occupying in Hudson's Bay. * * The convention concluded with England, that the River Bourbon or Port Nelson shall remain in joint occupation of the two crowns, is not advantageous to the French, for the voyages of the English are too dangerous on account of their attracting the coureurs des bois as much as possible, besides purchasing the beaver at a higher rate, and furnish ing their goods cheaper than the French. In his opinion it would be more beneficial for the company and colony that the French merchants restore the posts at the head ofthe Bay which they took, than that the French should leave them Port Nelson or River Bour bon. If this arrangement were feasible, the Indians could be thus intercepted by land, for it would be useless to attempt to become masters of the upper part of the Rivers Bourbon and Ste. Therese, inasmuch as it is impossible to prevent the Indians trading with the English. The latter could, by this means, be intercepted by land, and we should have an op portunity of discovering an infinitude of nations yet unknown, through whom a great many peltries can yet be procured, and possibly, the passage and entrance to the Pacific Ocean eventually discovered. •N. Y. Hist. Ool., Vol. IX., p. 801. FRENCH CORRESPONDENCE AND MEMOIRS, 1668-1745. 113 M. de Denonville to M. de Seignelay.* Ville Marie, August 25th, 1687. Du Lut's brother, who has recently arrived from the rivers above the lake of the Allenemipigons, assures me that he saw more than 1,500 persons come to trade with him. They were very sorry to find he had not sufficient goods to satisfy them. They are of the tribes accustomed to resort to the English at Port Nelson or River Bourbon, where they say they did not go this year, through Sieur du l'Hut's influence. It remains to be seen whether they speak the truth. The overland route to them is frightful, on account of its length and of the difficulty of finding food. He says there is a multitude of people beyond these, and that no trade is to be expected with them except by sea, for by the rivers the expense is too great. * * * I have just received news from our forts at the head of Hudson's Bay (du nord), where d'Yberville is in command. He has had advices this fall that an English ship was in the nip near Charleston Island. He sent four men thither across the ice to reconnoitre. One gave up through sickness ; the others were surprised, taken, and bound. One of the latter escaped, though fired at several times — he communicated the news — and the other two were put, bound, into the bottom of the hold, where they passed the winter. The commander of the vessel, hunting on the Island in the spring, was drowned. The time being arrived for setting sail, the pilot and the others, to the number of six, caused the weaker of the two Canadians to work, and obliged him to assist them. One day whilst most of the English were aloft, the Canadian, seeing only two on deck, grasped an axe with which he split both their skulls, then ran to release his comrade ; they seized the arms and went on deck, where from being slaves they became masters. They next steered the ship towards our forts, and met Sieur d'Yberville on the way, who had fitted out a vessel to go and release his men at the moment the ice would permit him. The English ship was laden with merchandize and provisions, which have been of great service to our forts. M* de Denonville to M. de Seignelay. f January 15, 1690. Our affairs at Hudson's Bay will prosper if the Northern Company continue to co operate with, and second the designs of D'iberville, one of the sons of the late Le Moyne, whqm I left resolved to go' and seize Port Nelson, the only remaining post in the possession of the English. For that purpose it is absolutely necessary, I believe, that my Lord the Marquis de Seignelay inform Monsieur de Lagny that the King intends that the Northern Company undertake the capture of that post, and furnish said Iberville with everything he requires to render his design successful. He will want two ships. He has already, at Quebec, one that he took this winter from the English. In truth, my Lord, it would" be very advantageous to the King's service had said Iberville some honourable rank in the navy, in order to excite emulation among the Canadians who will follow the sea. A commission of lieutentant would work marvels. He is a very fine fellow, aud very capable of rendering himself expert, and doing good service. The Iroquois war continuing, as there is every appearance it will, both against us and the Indians, in the direction of the Outawas who traffic with us, the greatest part of the trade will be diverted towards Port Nelson, on the River Bourbon. What I have learned of the facilities possessed by the Indians beyond Lake Superior to reach the sea in that direction, very strongly convinces me of the necessity we are under to bethink ourselves of driving the English from that commerce. But it must be effected without fail, for they will get up this year some expeditious against us. * N. Y. Hist. Col., Vol IX., pp. 343-4. t Ibid. p. 443. 8 114 FRENCH CORRESPONDENCE AND MEMOIRS, 1668-1745. Memorial of La Companie du Nord, Nov. 15th, 1690. The Commercial Company of the North, established at Quebec, by permission and patent of his Majesty, has had the misfortune, after having taken possession of the north country, and the rich and large river of Bourbon, in 1682, to have been robbed, on land, in 1683, by the English, when their vessel had returned to Quebec, by whom were taken from their magazine more than 200,000 livres of beaver, martin and other peltries, at a time when there was no war between the two nations, and by means of bribing two or three Frenchmen in whose charge the peltries in the magazine were. * * * This occurred at the time when His Majesty had agreed with the King of England that the boundaries of their territories should be fixed by Commissioners, to be appointed on the part of the two kingdoms ; they had, however, forbidden their subjects to commit any act of hostility, in which respect the English proved disobedient ; arriving, near the end of the year 1688, at the foot of la Bate du Nord [James' Bay], occupied by the French, they wintered there with two vessels and about a hundred men belonging to the ships, and built a fort to the north of that of the French. [The Company asked the assistance of the French Government in the emergency.] Gobin Pachot. Charles Aubert de la Chesnays. La Compagnie dtj Nord op Canada to Monseigneur de Pontchartrain, 1693. The favour which your Excellency has granted to the Compagnie du Nord of Canada of the King's vessel, the Poli, did not produce the effect intended, owing to Captain Iber ville having arrived at Quebec only on the 8th of August ; too late to undertake anything against the English. It is hoped you will continue your protection, Monseigneur, in favour of this com pany, which is ruined and suffers greatly from the necessity of carrying on the war against the London company, by whom, in a time of peace, Port Nelson, one of the most consid erable on the great Bay, was taken from them with 400,000 livres of effects. This London company, composed of merchants and noblemen of the first quality, estimate at so high a price the commerce of the Bay, that they had given orders to the Commander of the Fort to burn all their effects if the French made their appearance. At the sight of a single vessel of the company, in 1690, they effectively burnt the fort and over 30,000 ecus worth of merchandize, which fort, to show this esteem, they rebuilt the next year, because the Company of Quebec was not in a condition to occupy it. It is difficult to speak in terms of deserved eulogy of this great Bay in respect to the commerce which has already been carried on there, and which might be established on the sea coast and in the interior, and as a basis of new discoveries. The Company could hold everything there if it could seize Port Nelson ; but the ex pense of the war sustained against England has greatly weakened it, and obliged it to have recourse to your Excellency, to obtain sufficient force, and in a suitable time to drive out the English.* By your very respectful and very obedient servants, Rouer de Villeray, far the Ancient Company. F. Razeur, Macart,Le Picart, Pachot, Benaoe, for MM. Catignon and Duprat. Gobin, Fauvel. *" War breaking °"t.betw,Sen th! two "f*10^. th-e Hudson's Bay Company solicited for soldiers to be sent thither to recover their settlements ; and in the year 1693 they retook all the forts and factories which the French had taken from them in time of peace. "— iMwmumi. FRENCH CORRESPONDENCE AND MEMOIRS, 1668-1745. 115 La Compagnie du Nord of Canada to Monseigneur Pontchartrain, 1693. The enterprise of Port Nelson could not be carried out in 1691, because M. duTas, since dead, arrived at Quebec on the first of July, to whom you had ordered to make this voyage, alleged, when here* that it was too late to set out for the north. , Your Excellency, in 1692, gave Captain Iberville, of His Majesty's vessel, the Poli, his orders for this voyage and the management of the fleet of merchant vessels of this country, who did not arrive till the 18th August, at which season it was absolutely im possible to think of this enterprise. Why, Monseigneur, this single Fort, which remains in possession of the English, is of so much importance that the gain or loss of everything in Hudson's Bay depends upon it. The company's establishment at Quebec, to carry on this commerce, i claims anew the protection of Your Excellency, that you may give it a sufficient force to enable it to be come master of Fort Nels&n, which the English took by an act of treason against this company in a time of peace. This they hope from the strong desire which you have for the aggrandizement of the kingdom and from your affection for this colony. By your very respectful and obedient servants, Haryon, Migeon, Thazeur, De Braussac, Pachot, Macart, Charles Aubert De La Chesnays, Le Picart, Gobin. From M. de Frontenac on the Subject op Attacking Fort Nelson. August, 7th, 1693. His Majesty having made known to us by his despatch of the 28th March last, that it was his intention that we should cause Sieur Iberville to set out without delay, with his vessels, the Poli, the Intendant, and that of the Compagnie du Nord, in order to go to Hud son's Bay, according to the private memoir which His Majesty has sent us to this effect, and the instruction of the said Iberville, captain of the Poli, we have conferred with Mon sieur de Champigny, Intendant of the country, on the execution of the said orders, and on the 26th of July ordered the said Sieur d'iberville, charged with the said expedition to the said Fort Nelson, and the gentlemen interested in la Baie du Nord (Hudson's Bay), to set out on that expedition. Capitulation of Fort York. Articles of capitulation between William Allen, Commandant in Chief at Hays or Ste. Therese River, and Sieur G. de la For est, Commandant of Fort York or Bourbon, August 31, 1696. I consent to give up to you my fort on the following conditions : 1. That I and all my men, French as well as Indians, and my English servant, shall have our lives and liberty granted to us, and that no wrong or violence shall J>e exercised upon us or whatever belongs to us. 2. We shall march out of the Fort, with our arms, to the beat of the drum, match lighted, ball in mouth, flags unfurled, and carry with us the two cannon which we brought from France. 3. We shall be transported all together, in our own vessel, to Plaisance, a French 116 FRENCH CORRESPONDENCE AND MEMOIRS, 1668-1745. port in Newfoundland. We do not wish to give up the Fort till we have embarked, and we shall keep the French flag over the Fort till we march out. 4. If we meet with our vessels, there shall be a truce between us, and it shall be per mitted to transport us with whatever belongs to us. 5. We shall take with us all the beaver skins and other merchandize obtained in trade this year, which shall be embarked with us upon our vessels. 6. All my men shall embark their clothes and whatever belongs to them without be ing subject to visitatiou or robbed of anything. 7. In case of sickness during the voyage, you shall furnish us with all the remedies and medicines which we shall require. 8. The two Frenchmen who ought to return with the Indians shall be received in the Fort on their return, where they shall be treated the same as the English, and sent to Europe during the same year, or they shall be furnished with everything necessary to take them to Rochelle. We shall have the free exercise of our religion, and the Jesuit priest, our missionary, shall publicly perform the functions of his ministry, Operations during the Peace preceding the War which ended with the Treaty of Ryswick, 1697. Countries taken by the English during the peace : Fort Bourbon in Hudson's Bay ; the French had expelled them from it in 1695 ; the English took it back from them in 1696. To be surrendered by the English. Taken by the French during the peace : The two forts on the south of Hudson's Bay ; the English recaptured them during the war. — Correspondence officielle relative au Gouvern- ment du Canada, 3me Serie, I. Archives de Paris. From MM. de Vaudreuil and Beauharnois. 19th September, 1705. The Compagnie du Nord is not in a condition to send next year a vessel to Hudson's Bay with necessary provisions for the garrison, and to bring back beaver skins and other furs which have been obtained in trade, and to take there new merchandize ; and as the armaments raised in this country cost immense sums, and as this post is in a better posi tion to be conducted from France than this country, we pray you, Monseigneur, to send a vessel there ; for without such assistance the garrison will perish for lack of provisions : Sieur de Grandville, Keeper of Marine, has already made this voyage. Relative Value of Northern and Southern Furs.* The furs of the north are beyond question the finest ; they always maintain their price, and never occasion a loss, as the strong desire manifested by Aubert & Co. to pro cure them ipcontestably proves. Besides, a canoe-load of this kind of furs brings more money than six canoe-loads of southern furs, and does not cost any more. * Memoir for the Re-establishment ofthe Commerce of Canada, bj DeLino, addressed to Count de Pont- ohartrain, Minister and Seoretary of State, Comptroller-General of the Marine, October 25 1710. FRENCH CORRESPONDENCE AND MEMOIRS, 1668-1745. 117 THE POST OF TEMISCAMINGUE. The King to settle the limits," 1722. His (the King's) intention was to settle the single post of Temiscamingue within the limits to which it ought naturally to be confined, to the land watered by the river of this name, and others that discharge therein, without comprising the lands that are below or above the said river. — Memoire des Representations sur l' adjudication qui ment d'etre faite du poste de Temiskamingue, 1722. Begon to Monseigneur. June 10, 1725, It was agreed (convenu) at the time ofthe adjudication in regard to the limits of the post of Temiscamingue, that it is necessary to embrace the River Lievre, as well to give certain limits for the front and the depth, as because if the river did not belong to it (n'en dependait point), those who may have permission to carry on this trade there would be able to attract there a part of the savages of the Post of Temiscamingue. It is for the same reason that Lake Nepissingue and a part of the grand river of the Ottawas, from the River du Lievre, which also discharges into the Ottawa River on the south side, was in cluded. Memorial op Begon^Explaining the Ancient Limits op Temiscamingue, October 20, 1725. The ancient limits of this post were on the front, from and comprising the River du Lievre, which discharges in the grand river of the Ottawas, on the north side as far as and comprising Lake Nipissingue, and in depth up to Hudson's Bay, where it is possible to go only by the River Monsony or Monsipy, which discharges into the sea at the head of the said bay. [From Matouan to Temiscamingue the Ottawa River used to be called la Riviere de Temiscamingue.] The height of land is at the Rivers Labyrinthe and Tabiti- bis, sixty leagues from Lake Temiscamingue. At this portage is a post for trading with the Indians of the environs and those of Hudson's Bay, and who come . up the River Mon sipy. The course of this river to the ocean is about eighty leagues. This is the most advanced post towards Hudson's Bay. The French, in order not to expose themselves to the insults of savages who may be in the pay of the English on Hudson's Bay, wliere Fort Mnnsipy is situated, do not go further for fur trading. This is the only river of the post which conducts to Hudson's Bay. When one is at Matauan, in order to reach Lake Nepissingue, it is necessary to as cend, for fourteen leagues, a river, called La Petite Riviere, as far as a place known as the Portage des Vases, where is the height ofthe lands. Three portages, amounting together to five parts of a league, are here made. Afterwards, for the space of two leagues, the descent is through a small river which empties itself in Lake Nipissingue, at the head of which, at its northern extremity, is a river called La Fontaine. The course of this river is ascended for about forty leagues to within about ten leagues of Lake Temiscam ingue. 118 FRENCH CORRESPONDENCE AND MEMOIRS, 1668-1745. M. de Beauharnois and Hoquart to the Minister. Oct. 15, 1730. The Port of Temiscamingue had been taken from Le Sieur Gorgendiere, who claims to have incurred considerable expense, during his year of possession, in presents which he had caused to be given to the savages of the different nations living in the neighbourhood of his post, in order to attract them there, and also in the advances which he had made to them, according to the usual custom of traders. [They urged that as one or even two years' possession of a post give no chance of profit, he ought to be relieved from the obliga tion to pay 200 livres for goods furnished from the King's stores.] M. de Beauharnois to Count de Maurepas.* October 8, 1744. In regard to the posts on Hudson's Bay and those they [the English] have established on this side, in the direction of Temiscaming, and which his Majesty has been pleased to recommend me to endeavour to neutralize, or to utterly destroy if possible : I have accordingly instructed Sieur Guillet, who farms the post of Temiscaming, and has gained the good opinion of all the nations thereabouts, to prevail on them to assemble together, in the course of this winter, in order to fall, at the opening of the spring, as well on Fort Rupert as on the other posts in the direction of Hudson's Bay. I have in like manner, on receiving news of the war, sent orders to Missilimakinac, to be transmitted to Alepimegon and the other posts in that neighbourhood, so that they may all co-operate in the des truction of the English establishments at the north, and among the rest, of that newly built, about twenty leagues above Michipicoton, by a Canadian refugee, who has con ducted thither seven or eight Englishmen who trade there ; and I have ordered not only the forcible destruction of that establishment, but also that the Canadian be killed, if it be; possible to seize him. I have also given Sieur Guillet notice that I should, at the very opening of spring, despatch a party of Frenchmen and Indians, under the command of an officer and some others, so as to make a simultaneous attack on those posts. Sieur Guillet is to warn those Indians of this expedition, in order that they may hold themselves in readiness to join it, and, in fact, I calculate on senciing it thither as soon as the season will permit, and I beg you, my Lord, to assure his Majesty that I will not neglect any thing to utterly destroy, if possible, the English establishments in that quarter, as well as all those the difficulties whereof I shall be able to surmount. M. de Beauharnois to Count de Maurepas.t Montreal, June 18, T745. I am on my guard and merely on the defensive, not being able to act offensively, as I had the honour to inform you, either against New England or the posts on Hudson's Bay, in consequence of the want in the King's stores, and even in those of the merchants, of the supplies necessary for such expeditions, a circumstance I was not informed of last autumn. Besides, the preservation of our possessions and forts in the interior of the Colony being my principal object, I consider it more prudent not to divest ourselves of our small means of resistance in case of attack, and to suspend the other projects until I be in a condition to execute them. * N. Y. His. Col., Vol. IX., p 1105. + Ibid. Vol. X., p. 2. MISCELLANEOUS PAPERS, 1687-1798. 119 MISCELLANEOUS PAPERS, 1687-1798. Alleged Discovery of Hudson's Bay by the Danes and Spaniards. The Danes pretend that this Bay had already been discovered by one of their nation, by whom the name of Christiania, after Christian IV., King of Denmark, was given. They say that the Danes having passed the strait, continued their voyage towards the north, and finally reached the mainland at the mouth of the river, which they called the Danish River, and which the Indians called Monoteousiki, which signifies the strangers' river. They all perished during the winter.* Another writer, who has paid particular attention to North America, believed the fable of a Spanish vessel having crossed the continent from the Pacific Ocean to Hudson's Bay : " It is alleged that the Spaniards have recently found an entrance in the latitude of 47° 55' north, which in twenty-seven days brought them to the vicinity of Hudson's Bay ; this latitude exactly corresponds to the ancient relation of John de Fuca, the Greek pilot, in 1592."t Report of the English Commissioners appointed to Treat with the French, concerning damages sustained by the hudson's bay company, etc., 1687. We your Majesty's Commissioners appointed to treat with the Ambassador and En voy Extraordinary of His Most Christian Majesty concerning the differences that have happened, or may, to your Majesty or the French in America, have had frequent con ferences with the said Ambassador and Envoy Extraordinary, in order to obtain satisfac tion for the damages your Majesty's subjects have lately sustained from the French in Hudson's Bay, with restitution of the three forts which by surprise were seized on by them ; as also touching several other differences depending between the two Crowns. And as to the business of Hudson's Bay, having already acquainted your Majesty with our proceedings therein, we do further add, as our humble opinion, that it plainly ap pears your Majesty and your subjects have a right to the whole Bay and Streights of Hudson, and to the sole trade thereof, so it may be fit for your Majesty to support the said Company of Hudson's Bay in the recovery and maintenance of their right, since otherwise that trade will be totally lost, and fall into the hands of the French, if they be permitted to continue in the possession of those forts, or if any fort or place within the said Bay or Streights. His Majesty's Resolutions thereupon. Whereupon His Majesty did declare, that having maturely considered his own right and the right of his subjects to the whole Bay and Streights of Hudson, and having been also informed of the reasons alleged on the part of the French, to justify their late pro ceeding in seizing three forts, which for many years past have been possessed by the English, and in committing several acts of hostility, to the very great damage of the English Company of Hudson's Bay : His Majesty upon the whole matter did conceive the said Company well founded in their demands, and therefore did insist upon his own right and the right of his subjects to the whole Bay and Streights of Hudson, and to the sole trade thereof, as also upon the demand of full satisfaction for the damages they have received, and restitution of the three forts surprised by the French, in the bottom of the Bay. * Introduction a l'Histoire de l'Asie, de l'Afrique et de 1' Amerique. Par M. Brazen La Martiniere. T. II., pp. 409-10. f Dalrymple's Plan for Promoting the Fur Trade, 1789. 120 miscellaneous papers, 1687-1798. Proposed Exchange of Places, 1700. Mr. Vernon, Secretary of State to Lord Lexington, communicating to the Board of Trade and Plantations the alternatives proposed by the Ambas sador of France, regarding the boundaries between France and England in America, April 29, 1700. My Lord, — Having received the alternative from the French Ambassador, I send your lordship a copy of it, that it may be considered at }'our board by Wednesday next. I am, My Lord, &c, Ja. Vernon. By the first alternative, I propose that France keep Fort Bourbon, and England that of Chichitouan having for limits between the two nations in that quarter the , which is exactly half-way between the two Forts ; and in that case, the limits of France on the side of Acadie, shall be restricted to the River St. George. By the second alternative, I propose that Fort Chichitouan shall remain with France, and that of Bourbon with England, having for limits the same place of which I spoke above ; but in that case I demand that the limits of France, on the side of Acadie, should extend to the River Kenebec. As to the fishery, as all commerce between the colonies of the two nations is forbidden, and as under the pretext of fishing, a contraband trade would be sure to be carried on, it is thought, according to the usage established in that country, the fishery should be pre vented as far as the eye can reach ; but as difficulties always arise when a determined distance is not agreed upon, it is proposed to fix it at eight leagues, and that for the same reason, and for fear of the same inconvenience, the islands which are found comprised within this space should belong to whichever of the two nations on the shores of which they are situated. Observations of the Board of Trade and Plantations on the above, 1700. What the interest of the Hudson Bay Company may be in keeping Fort Chichitouan, alias Fort Albany, or exchanging it for Fort Bourbon, alias York, they themselves can best determine. * * * The proposal for settling limits between the English and French in Hudson's Bay is groundless ; for by the late Treaty of Peace, Art. 8, the only right reserved to the French in Hudson's Bay is in relation to those places which were taken from the English by the French during the peace which preceded the late war, and retaken from them by the English during the said war; which cannot imply any extent of territory more than the places so taken and possessed ; and the Hudson's Bay Company challenging an undoubted right to the whole Bay, antecedent to any pretence of the French, it is necessary they be consulted before any concession of territories be made to the French in those parts. * * * Thomas Hill. Plantation Office, Whitehall, July 12, 1700. Fort Nelson Restored to the English. From Relation du Detroit et de La Baye D Hudson Par Monsieur Jirimie. The Fort was named Bourbon, and the river on which it was situated was named Ste. Therese, because the fort was brought under the authority of the French on the day of St. Therese, October 14. ... I had the honour to be in command of the fort for six years, and I had the honour to be stationed there by express orders of the King, whose commissions I still preserve. None of my predecessors had been appointed in the same way. MISCELLANEOUS PAPERS, 1687-1798. 121 In 1714 I received the orders of the Court, with letters from the Count de Pontchar train, to hand over the post to the English, according to the terms of the Treaty of Utrecht. Though the fort was built on the River Ste. Therese, it is by the River Bourbon that the savages come to trade. The first great lake through which this river passes is called by the savages Tatasquoyaou Secahigan, which signifies the Lake of Forts, in which dis charges a river called Quissiquatchiouen, or strong current. [J6r6mie estimates the annual profit of the trade of Fort Bourbon to the French at 100,000 livres. In 1713, the goods they brought out cost 8,000 livres, and in 1714 he made over 120,000, which he took away when relieved by the English.] Captain Middleton* to A. Dobbs, + Esq., January, 1742-3. I have seriously considered your proposition of laying open the Hudson's Bay trade, and settling the country higher up, upon those great rivers which run into the Bay ; and though I may agree with you in the great advantage the public would receive from such a settlement (could it be made), both as to their trade, and the cutting off communication with the Mississippi, yet I must declare my opinion, that it is altogether impracticable upon many accounts ; for I cannot see where we could find people enough that would be willing or able to undergo the fatigue of travelling in those frozen climates, or what . encouragements would be sufficient to make them attempt it, with such dangerous enemies on every side ; no Europeans could undergo such hardships as those French that intercept the English trade, who are inured to it, and are called by us wood-runners (or coureurs des bois), for they endure fatigues just the same as the native Indians, with whom they have been mixed and intermarried for two or three or more generations. As to the rivers you mention, none of them are navigable with anything but canoes, so small that they carry but two men, and they are forced to make use of land carriages nearly the fourth part of the way, by reason of water-falls, during that little summer they enjoy. Out of 120 men and officers the Company have in the Bay, not five are capable of venturing in one of those canoes, they are so apt to overturn and drown them. Many of our people have been twenty years and upwards there, and yet are not dexterous enough to manage a canoe ; so there would be no transporting people that way. Hudson's Bay Company's Posts, 1775-1798. 1775. — "The Hudson's Bay Company has at present four factories : Churchill, Fort York, Albany, and that of Moose River. Fort York is reputed the most important : it i * The Quarterly Review in an article on " Lord Selkirk and the North-West Passage," (Vol. 16, 1816-17, p. 16), says : " At length a gentleman of the name of Dobbs, having well considered what preceding navi gators had stated with regard to the high tides from the northward in the Welcome, prevailed on the Company, after much importunity, to send a vessel to the northward, in 1737 ; but she returned without doing anything, never having reached so high as the latitude 63°. Dobbs, perceiving the reluctant and negligent conduct of the company, applied next to the Government, and by his perseverance and sanguine representa tions, obtained the Furnace bomb, and the pink Discovery, to be appropriated for this service, under the orders of Captain Middleion, a commander in the British Navy, who had served as master in the employ of the Hudson's Bav Company for many voyages. Middleton left England in 1741, wintered in Churobill River, and in the summer 1742 proceeded up the Welcome to Wager River, and looksd into, (he says sailed round), what he was pleased to call Repulse Bay. From hence he returned to the southward." On page 141 ol the same number of the Quarterly, it is stated that : " Shut up in summer and winter within iheir three forts, situated on the shores of Hudson's Bav, these neople, for a long time, held no ether intercourse with the native Indians than receiviug from tbem, at the foot of their walls, their bear skins and beaver skins, their goose quills and castoreum at one end of a rope and lowering down at the other their value in blankets, baubles and brandy." f A. Dobbs was the author of " An account of the countries adjoining Hudson's Bay, and of certain voy ages thither [which he made] and of the probability of a North-west passage, (1741)." 122 MISCELLANEOUS PAPERS, 1687-1798. situated on the south branch of the Hayes River, five leagues above the point where it runs into the sea, at 37 deg. 20 min. lat., and 93 deg. 58 min. long."* w. : Lon. 94° 30' 93° 0' 88° 57' 85° 18' 83° 15' 78° 50' 1795. — Winterbotham f gives the following as the forts occupied by the Hudson's Bay Company. They were all on the shores of the Bay : — N. Lat. Churchill, 59° 0' York Fort, 57° 10' Severn House, 56° 12' Albany Fort, 52° 18' Moose Fort, 51° 28' East Main, 53° 24' And he adds : " The country lying round Hudson's Bay, or the country of the Esquimaux, compre hended Labrador, New Britain, and South Wales, has obtained the general name of New Britain, and is attached to the Government of Lower Canada. A superintendent of trade, appointed by the Governor-General of the four Provinces, and responsible to him, resides at Labrador. " Before the Canadian merchants pursued the fur trade with such diligence as they mw do through the lakes, and had penetrated into the interior parts of the Hudson's Bay, a great number of Indians used to come annually down to the Company's settlements to barter their skins ; and although the Company have now, in a great measure, lost the benefit of this lucrative traffic, it may not be amiss to mention the manner in which the Indians prosecute their voyages to the factories. ¦' The merchants from Canada have been heard to acknowledge that were the Hudsoi 's Bay Company to prosecute their inland trade in a spirited manner, they must soon be obliged to give up all thoughts of penetrating into the country, as from the vicinity of the Company's factories to the inland posts, they can afford to undersell them in every branch. " To explain this emulation between the Company and the Canadian traders, it will be necessary to review the state ofthe Company in the year 1773. About that time, the Cana dian traders from Montreal, actuated by a laudable spirit of industry and adventure, and ex periencing the peculiar advantages that resulted from their exertions, had become so numer ous and indefatigable at the head of the rivers which led to the Company's setth ments, that the trade of the latter was in a great measure cut off from its usual channels The Indians, being supplied with everything they could wish for at their own doors, had no longer occasion, as they had hitherto done, to build canoes, and paddle several hundred miles, for the sake of cultivating a commerce with the Company, in which peregrination they were frequently ex posed to much danger from hunger ; so much to, that ut one time seven canoes of Upland Indians perished on their return to their own country." 1798. — "The whole of the settlements in New Britain areas follows: — Abbitibbi, Frederick, East Main and Brunswick Houses, Moose Fort, Henley, Gloucester and Osna- burg Houses, and a House of Winnipeg Lake, Severn or New Severn, York Fort or Nelson, Churchill Fort or Prince of Wales' Fort, South Branoh, Hudson's, Manchester and Bucking ham Houses ; the last is the westernmost settlement, and lately erected (1798). " Hudson's House, one of the Company's factories on the S. W. side of Saskatchewan River, ] 00 miles east of Manchester House, and 167 S. E. of Buckino-ham House or lat. 55p 32', W. long. 106° 27' 20"4" * Histoire et Commerce des Colonies Anglaises dans l'Amorique Septentrionale. London, 1775 f Historical, Geographical, and Philosophical View of the United States, and of the European Settle ments in America and the West Indies, 1795. X American Gazetteer. By Jebediah Morse, D.D. London, 1798. This would be about the forks of the Saskatchewan. In another plaoe this fort is said to be 600 miles west of Fort Churchill. The same statement is made in the folio edition of 1794. THE HUDSON'S BAY COMPANY'S CLAIMS AFTER THE TREATY OF RYSWICK. 123r" CLAIMS AND MEMORIALS OF THE HUDSON'S BAY COMPANY RESPECTING THE LIMITS OF THEIR POSSESSIONS, &c, 1700-1714. The Company's claims after the Treaty of Ryswick. \"To the Right Honourable the Lord Commissioners of Trade and Plantations.] The limits which the Hudson's Bay Company conceive to be necessary as boundaries between the French and them in case of an exchange of places, and that the Company cannot obtain the whole Streights and Bay, which of right belongs to them, viz. : — 1. That the French be limited not to trade by wood-runners, or otherwise, nor build any House, Factory, or Fort, beyond the bounds of 53 degrees, or Albany River, vulgarly called Chechewan, to the northward, on the west or main coast. 2. That the French be likewise limited not to trade by wood-runners, or otherwise, nor build any House, Factory, or Fort, beyond Rupert's River, to the northward, on the east main or coast. 3. On the contrary, the English shall be obliged not to trade by wood-runners, or otherwise, nor build any House, Factory, or Fort, beyond the aforesaid latitude of 53 degrees, or Albany River, vulgarly called Chechewan, south-east towards Canada, on any land which belongs to the Hudson's Bay Company. 4. As also the English be likewise obliged not to trade by wood-runners, or otherwise, nor build any House, Factory, or Fort, beyond Rupert's River, to the south-east, towards Canada, on any land which belongs to the Hudson's Bay Company. 5. As likewise, that neither the French or English shall at any time hereafter extend their bounds contrary to the aforesaid limitations, nor instigate the natives to make war, or join with either, in any acts of hostility to the disturbance or detriment of the trade of either nation, which the French may very reasonably comply with, for that they by such limitations will have all the country south-eastward betwixt Albany Fort and Canada to themselves, which is not only the best and most fertile part, but also a much larger tract of land than can be supposed to be to the northward, and the Company deprived of that which was always their undoubted right. And unless the Company can be secured according to these propositions, they think it will be impossible for them to continue long at York Fort (should they exchange with the French), nor will the trade answer their charge ; and therefore if your Lordships can not obtain these so reasonable propositions from the French, but that they insist to have the limits settled between [Albany and] York and Albany Fort, as in the latitude of 55 degrees or thereabouts, the Company can by no means agree thereto, for they by such an agreement will be the instruments of their own ruin, never to be retrieved. By order of the General Court, Wm. Potter, Secretary. Confirmed by the Court ) of the said Company, 10th July, 1700. j To the Governor or Deputy-Governor of the Hudson's Bay Company, or either of them. Gentlemen, — Upon consideration of what was this day offered to the Lords Com missioners for Trade and Plantations, by yourselves and other members of the Hudson's Bay Company, their Lordships have commanded me to acquaint you with their desire, that the Resolution of your Court may be taken and communicated to them, whether (in case the French cannot be prevailed with to consent to the settlement of the boundaries proposed in your Court of the 10th July last), the said Court 124 the Hudson's bay company's claims after the treaty of ryswick. will not think fit to consent, that the limits on the east side of the Bay be extended to 1;he latitude of 52J degrees, with whatever further that Court may think advisable to propose, in reference to their own affairs, for the more easy settlement of all disputes •between the Company and the French in Hudson's Bay. W. P[opple]. Whitehall, January 22nd, 170°-. To the Right Honourable the Lords Commissioners for Trade and Plantations. The Hudson's Bay Company having lately exhibited to your Lordships their Resolu tion of their Court, the 10th of July last, concerning limits between them and the French in Hudson's Bay, and though the Company cannot but still insist upon their undoubted right to the whole Bay and Streights of Hudson, as has been clearly made out by them : Yet in obedience to your Lordships' letter of the 22 nd inst., and to show how desi rous they are to comply therewith as much as in them lies, and is consistent with their future safety, they do further offer to your Lordships the following proposals of limits between them and the French in Hudson's Bay, viz. : 1. That the French be limited not to trade by wood-runners or otherwise, nor build any House, Factory, or Fort to the northward of Albany River, vulgarly called Checheawan, on the west main or coast. 2. That the French be likewise limited not to trade by wood-runners or otherwise, nor build any House, Factory, or Fort to the northward of Hudson's River, vulgarly called Canute River, on the east main or coast. 3. On the contrary, the English, upon such an agreement, do engage not to trade by wood-runners, nor build any House, Factory, or Fort to the southward of Albany River, vulgarly called Checheawan, on the west coast, on any ground belonging to the Hudson's Bay Company. 4. As also, the English be likewise limited not to trade by wood-runners or other wise, nor build any House, Factory, or Fort to the southward of Hudson's River, vul garly called Canute River, on the east coast, on any ground belonging to the Hudson's Bay Company. 5. That all the Islands in the said Bay and Streights of Hudson, lying to the north ward of Albany River, on the west coast, and of Hudson's River, vulgarly called Canute River, on the east coast, shall be and remain to the English. 6. Likewise that all the Islands in the said Bay of Hudson, lying to the southward of Albany River, on the west coast, and of Hudson's River, vulgarly called Canute River, on the east coast, shall be and remain to the French. 7. That neither the French or English shall at any time hereafter extend their bounds contrary to the aforesaid limitations, or instigate the natives to make war, or join with either in any acts of hostility, to the disturbance or detriment of the trade of either nation. These terms the Company are willing to agree to, upon condition they may be secured from any claim that has been, or may be made on them by virtue of the 8th Article of the Treaty of Ryswick, or by any other matter or thing relating to the said treaty. And if the French think fit to accept thereof, the Company are willing to exchange places with them, but not without settling of limits ; for that the said 8th Article which saith there shall be an exchange of places, doth also say, that limits shall be likewise settled, and it would seem very unreasonable that one should be performed without the other. As to the Company's naming of rivers as boundaries, and not lati tudes, the same is more certain and obvious, both to the natives as well as Europeans, and the contrary impracticable ; nor can the latitude be so well laid down in that wild country, the Indians well knowing the one, but not the other. But should the French refuse the limits now proposed by the Company, the Com pany think themselves not bound by this or any former concessions of the like nature, but must, as they have always done, insist upon their prior and undoubted right to the whole STATE OF THE HUDSON'S BAY COMPANY'S AFFAIRS, 1701-2. 125 Bay and Streights of Hudson, which the French never yet would strictly dispute, or suffer to be examined into (as knowing the weakness of their claim), though the first step inthe- said Article of Ryswick directs the doing of it. By Order of the General Court of the said Company. Wm. Potter, Secretary. January 29th, 170|. State of the Company's Affairs, 1701-2. To the Deputy Governor of the Hudson's Bay Company. The Lords Commissioners for Trade and Plantations have commanded me to signify to you their desire that the Hudson's Bay Company would lay before them whatever they may think fit to offer in relation to the trade and security of that place at this time. I am, Sir, Your humble servant, W. P[opple]. Whitehall, January 9th, 1701. To the Honourable the Lords Commissioners for Trade and Plantations. The humble representation of the Governor and Company of Adventurers of England trading into Hudson's Bay, Sheweth : That the said Company, being required by your Lordships to give in what they thought necessary in relation to their trade, and the security of their factory in Hudson's Bay, do, with all submission, lay before your Lordships the true state and condition thereof. They will not trouble your Lordships with a repetition of their undoubted rights to all Hudson's Bay, and that the French never laid claim to the same, or ever sailed a ship or vessel into those parts since the creation of the world, till the year 1682 (many years after the incorporation of this Company), and then in a piratical manner, without any commission or authority from His Most Christian Majesty, who was afterwards pleased to disown the said proceeding, as the Company have and are still ready to prove. These matters have been so fully and clearly made out by them that even the French themselves, with all their sophistry and equivocation, have not been able to disprove. Therefore we shall proceed to inform your Lordships of the present melancholy pros pect of their trade and settlement in Hudson's Bay, and that none of His Majesty's planta tions are left in such a deplorable state as those of this Company, for by their great losses by the French, both in times of peace as well as during the late war, together with the hardships they lie under by the late Treaty of Ryswick, they may be said to be the only mourners by the peace. They cannot but inform your Lordships that the only settlement the Company have now left in Hudson's Bay (of seven they formerly possessed) is Albany Fort, vulgarly called Checheawan, in the bottom of the said Bay, where they are surrounded by the French on every side, viz., by their settlements on the lakes and rivers from Canada to the northwards, towards Hudson's Bay, as also from Port Nelson (Old York Fort) to the southward; but besides this, the Company have, by the return of their ship this year, received certain intelligence that the French have made another settlement at a place called New Severn, 'twixt Port Nelson and Albany Fort, whereby they have hindered the Indians from coming to trade at the Company's factory, at the bottom of the Bay, so that the Company this year have not received above one-fifth part of the returns they usually had from thence, insomuch that the same doth not answer the expense of their expedition. 126 Hudson's bay company's claims during negotiations at utrecht. The Company being by these and other their misfortunes reduced to such a low and miserable condition, that, without His Majesty's favour and assistance, they are in no ways able to keep that little remainder they are yet possessed of in Hudson's Bay, but may justly fear in a short time to be deprived of all their trade in those parts, which is solely negotiated by the manufacturers of this kingdom. LTpon the whole matter, the Company humbly conceive they can be no ways safe from the insults and encroachments of the French, so long as they are suffered to remain possessed of any place in Hudson's Bay, and that in order to dislodge them from thence (which the Company are no ways able to do), a force of three men-of war, one bomb-vessel, and two hundred and fifty soldiers, besides the ships' company, will be necessary, whereby that vast tract of land which is of so great concern, not only to this Company in particular, but likewise to the whole nation in general, may not be utterly lost to this kingdom. All of which is humbly submitted to your Lordships' great wisdom and judgment. By the Governor and Company of Adventurers of England trading into Hudson's Bay. W. Potter, Secretary. Hudson's Bay House, the 19th January, 170 J. The Company's Claims during Negotiations at Utrecht. To the Right Honourable tlie Marl of Dartmouth. My Lord, — In obedience to Her Majesty's commands, signified to us, we have con sidered the enclosed petition from the Hudson's Bay Company to Her Majesty, and are humbly of opinion, that the said Company have a good right and just title to the whole Bay and Streights of Hudson. Since the receipt of which petition, the said Company have delivered us a memorial, relating to the settlement of boundaries between them and the French of Canada, a copy whereof is enclosed, and upon which we take leave to offer, that as it will be for the advan tage of the said Company, that their boundaries be settled, it will also be necessary that the boundaries between Her Majesty's colonies on the continent of America and the said French of Canada be likewise agreed and settled : wherefore we humbly offer these mat ters may be recommended to Her Majesty's Plenipotentiaries at Utrecht. We are, My Lord, Your Lordship's most obedient, and most humble servants, Winchelsea, Ph. Meadows. Chas. Turner. Geo. Baillie. Arth. Moore. Fra. Gwyn. Whitehall, February 19th, 17i|. To the Queen's Most Excellent Majesty. The Petition [1711] of the Governor and Company of Adventurers of England trad ing into Hudson's Bay. Humbly Sheweth : That your petitioners are far from enquiring into the great affairs of your Majesty's glorious Government, especially as what relates to war and peace, both which they know your high wisdom will so order as shall be most for the good of your whole people • but Hudson's bay company's claims during negotiations at utrecht. 127 believing the justice of your cause and the terror of your arms must soon reduce the French King to sue for such a peace as all Europe desires and wants, your petitioners crave leave with the profoundest duty, to submit the hardships of their case to your Ruyal consideration. That the French, in a time of perfect amity between the two kingdoms, viz., Anno 1 682, did arbitrarily invade the Company's territorys at Port Nelson, burn their houses and seize their effects. That in the years 1684 and 1685, they continued their depredations. That in the year 1686. they forcibly took from the Company three Factories, viz. : Albany Fort, Rupert and Moose River Fort, which violent proceeding they continued the years 1687 and 1688, the whole damages done by the French to the Company in times of peace amounting to £108,514 19s. 8d., as your petitioners are ready to make appear, be sides interest for the same. That in the year 1685, they supplicated his then Majesty King James the Second to interpose on their behalf, and by bis Ambassadors at the French Court to demand reparation for the damages done to the Company, and restitution of the places unjustly taken from them by the French in time of peace, whereupon Commissioners were appointed by His Majesty, viz., the Earl of Sunderland, the Earl of Middleton, and the Lord Godolphin, to treat with the French Commissioners, before whom the Company clearly made out their right to the whole Bay apd Streights of Hudson — to the satisfaction of English Commissioners, who, on the 10th November, 1687, reported the right of your petitioners, upon which King James was pleased to declare, that he conceived the Company well founded in their demands, and there fore did insist upon his own right, and the right of his subjects to the whole Bay and Streights of Hudson, and to .the sole trade thereof; as also upon the demand of full satisfaction for the damages they had received, &c, the copy of which report and His Majesty's resolutions thereon, is hereby annexed. This was translated and declared towards the latter end of 1687, at which time the Lord Churchill, Duke of Marlborough, was Governor ofthe Com pany, and memorials were repeated by the said King's command at the F.rench Court so pressingly for satisfaction and restitution, that your petitioners had certainly been relieved and restored to their rights, but for the war which soon after broke out between the two Kingdoms. That upon the late King William's accession to the Throne, the Company renewed their claim to their territories and for reparation of damages suffered from the French in times of full peace, of which his said Majesty was so sensible, that he was pleased to make the proceedings of France in that affair one of the causes and articles of his declaration of war against the French King in hsec verba : "But that the French King should invade our Charibee Islands and possess himself of our territories of the Province of New York and Hudson's Bay in an hostile manner, seizing our Forts, burning our subjects' hoases, and en riching his people with the spoil of their goods and merchandizes, detaining some of our sub jects under the hardships of imprisonment, causing others to be inhumanly killed, and driv ing the rest to sea in a small vessel, without food and necessaries to support them, are actions not even becoming an enemy, and yet he was so far from declaring himself so, that at that very time he was negotiating here in England by his Ministers, a treaty of neutrality and good correspondence in America," so that your petitioners did patiently wait the end of that war, not doubting but to have justice to them, when a peace was concluded. But so it is, may it please your most Excellent Majesty, that the Company found their interest not comprehended in the Treaty of Ryswick, which they are far from attributiug to any want of care in that gracious Price of this Kingdom's honour and trade, and rather think their rights and claims were thei overweighed by matters of higher consequence de pending in that juncture ; for by the said treaty they found their condition much worse than it was before, — by the 8th article whereof, the French were left in possession of such places situated in Hudson's Bay, as had been taken by them during the peace which had preceded that war. That a meeting of Commissioners on both sides (as directed by the said treaty, to adjust these differences) the Company did again set forth the undoubted right of tlie Crown of England to the whole Bay and Streights of Hudson, against which nothing but sophistry and cavils were offered on the French side, and the matter remained undetermined. That the only settlement now remaining to the Company in those parts (of seven they 128 Hudson's bay company's claims during negotiations at utrecht. formerly had) is Albany Fort, on the Chechewan, where they are surrounded by the French on every side, viz. : By their settlements on the lakes and rivers from Canada to the north ward towards Hudson's Bay, as also from Port Nelson (at York Fon), to the southward the French have likewise made another settlement between Port Nelson and Albany Fort, whereby the Indians are hindered from coming to trade with the English factory at the bottom of the Bay, and if they are suffered to fix and fortify in those parts, beyond all question they will deprive your Majesty's subjects of that tract of land, which is so large a part of your American dominions, and rightly belongs to the Crown of Great Britain. That not only your Majesty's glory is concerned to preserve these plantations, but it very much imports the general trade of your Kingdom, since your petitioners, notwith standing the losses and discouragements they have laboured under, and during the war, have brought from thence between 30,000 and 40,000 skins per annum, and doubt not if they were reinstated in their possessions, according to their charter, to bring the said importations to 100,000 skins per annum. That the said country doth abound with several other commodities (of which your petitioners have not been able to begin a trade, by reason of the interruptions they have met with from the French), as with whale-oil, whale-bone (of which last your subjects now pur chase from Holland and Germany, to the value of about £26,000 per annum, which may be had in your own dominions), besides many other valuable commodities, which in time may be discovered. That if the French come to be once entirely possessed of Hudson's Bay, they will un doubtedly set up whale fishing in those parts, which will greatly tend to the increase of their navigation, and to their breed of seamen. That there is carried thither, and consumed there, nothing but of the product and manu facture of England, your petitioners encouraging and daily bringing the Indians to wear coarse cloth instead of skins, which in process of time will considerably advance the woollen trade at home. That it needs must reflect upon the honour of Britain to relinquish to the French that territory, of which their violent usurpation in a time of peace was alleged as a main article in the first declaration of war against that KiDgdom. That if the French could pretend to any right to the said territories by the peace of Ryswick, this right must needs be determined by their notorious infraction of the said treaty. The premises considered, when your Majesty, in your high wisdom, shall think fit to give peace to those enemies whom your victorious arms have so reduced and humbled, and when your Majesty shall judge it for your people's good to enter into a treaty of peace with the French King, your Petitioners pray that the said Prince be obliged by such treaty, to re nounce all right and pretensions to the Bay and Streights of Hudson, to quit and surrender all posts and settlements erected by the French, or which are now in their possession, as like wise not to sail any ships or vessels within the limits of the Company's charter, and to make restitution ofthe £108,514 19s. 8d., of which they robbed and despoiled your petitioners in times of perfect amity between the two Kingdoms. And your petitioners, as in duty bound, shall ever pray. To the Right Honourable the Lords Commissioners of Trade and Plantations. The Memorandum of the Governor and Company of Adventurers of England trading into Hudson's Bay. That for avoiding all disputes and differences that may in time to come arise between the said Company and French, settled in Canada, they humbly represent and conceive it necessary : That no wood-runners, either French or Indians, or any other person whatsoever be permitted to travel, or seek for trade, beyond the limits hereinafter mentioned. That the said limits begin from the island called Grimington's Island, or Cape Perdrix, in the latitude of 58£ north, which they desire may be the boundary between the English and French, on the coast of Labrador, towards Rupert's Land, on the east main and Nova the Hudson's bay company's claims after treaty of utrecht. 129 Britannia on the French side, and that no French ship, barque, boat, or vessel whatsoever, shall pass to the northward at Cape Perdrix, or Grimington's Island, towards or into the Streights or Bay of Hudson, on any pretence whatever. That a line be supposed to pass to the south-westward of the said Island of Grimington, or Cape Perdrix, to the great Lake Miskosinke, alias Mistoveny, dividing the same into two parts (as in the map now delivered), and that the French, nor any others employed by them, shall come to the north or north-westward of the said lake, or supposed line, by land or water, on or through any rivers, lakes, or countries, to trade, or erect any forts or settlements what soever ; and the English, on the contrary, not to pass the said supposed line either to the southward or eastward. . That the French be likewise obliged to quit, surrender, and deliver up to the English, upon demand, York Fort (by them called Bourbon), undemolished ; together with all forts, factories, settlements, and buildings whatsoever, taken from the English, or since erected, or built by the French, with all the artillery and ammunition, in the condition they are now in ; together with all other places they are possessed of within the limits aforesaid, or within the Bay and Streights of Hudson. These limits being first settled and adjusted, the Company are willing to refer their losses and damages formerly sustained by the French in time of peace, to the consideration of Commissioners to be appointed for that purpose. By order of the Governor and Company of Adventurers of England, trading into Hudson's Bay. Hudson's Bay House, 7th "February, 17A|. ' Note.— The said Company are by their Charter constituted Lords Proprietors of all those lands, territories, seas, streights, bays, rivers, lakes, and soundings, within the entrance of the Streights, to hold the same, as of Her Majesty's manor of East Greenwich, in the County of Kent. The Company's Claims After the Treaty of Utrecht. To the Right Honourable the Lords Commissioners of Trade and Plantations. My Lords and Gentlemen, — The Queen has commanded me to transmit to you the enclosed Petition of the Hudson's Bay Company, that you may consider of it and report your opinion, what orders may properly be given upon the several particulars mentioned. In the meantime I am to acquaint you that the places and countries therein named, belonging of right to British subjects, Her Majesty did not think fit to receive any Act of Cession from the French King, and has therefore insisted onlv upon an order from that Court for delivering possession to such persons as should be authorized by Her Majesty to take it ; by this means the title of the Company is acknowledged, and they will come into the immediate enjoyment of their property without further trouble. I am, My Lords and Gentlemen, Your most humble servant, Dartmouth. Whitehall, May 27th, 1713. To the Queen's Most Excellent Majesty. The humble petition of the Governor and Company of Adventurers of England trad ing in the Hudson's Bay, Sheweth : That your petitioners, being informed that the Act of Cession is come over, whereby (among other matters thereby concerted), the French King obliges himself to restore to 9 130 THE HUDSON'S BAY COMPANY'S CLAIMS AFTER TREATY OF UTRECHT. your Majesty (or to whom your Majesty shall appoint to take possession thereof) the Bay and Streights of Hudson, together with all the lands, seas, sea-coasts, rivers and places situate in the said Bay and Streights, as also all forts and edifices whatsoever, entire and not demolished, together with guns, shot, powder and other warlike provisions (as men tioned in the 10th Article of the present treaty of peace), within six months after the ratification thereof, or sooner, if possible it may be done. Your petitioners do most humbly pray your Majesty will be graciously pleased to direct the said Act of Cession may be transmitted to your petitioners, as also your Majesty's commission to Captain James Knight and Mr. Henry Kelsey, gentleman, to authorise them, or either of them, to take possession of the premises above mentioned, and to constitute Captain James Knight to be Governor of the fortress called Port Nelson, and all other forts and edifices, lands, seas, rivers and places aforesaid ; and the better to enable your petitioners to recover the same, they humbly pray your Majesty to give orders that they may have a small man-of-war to depart with their ships, by the 12th day of June next ensuing, which ship may in all probability return in the month of October. And your petitioners as in duty bound shall ever pray. By Order of the Company. per Wm. Potter, Secretary. To the Right Honourable the Lords Commissioners of Trade and Plantations. My Lords, — I send your lordships enclosed, by the Queen's command, a memoran dum of the Governor and Company of Hudson's Bay, and a petition of several persons on behalf of themselves and the inhabitants of Mountserrat. It is Her Majesty's pleasure that your lordships should consider the said memorandum and petition, as likewise the several matters which are referred to commissaries by the tenth, eleventh, and fifteenth Articles of the late Treaty of Peace with the Most Christian King, and upon the whole make your representation, to be laid before Her Majesty, for her further pleasure therein. * * * I am, My Lords, Your most humble servant, BOLINGBROKE. Whitehall, April 13th, 1714. To the Queen's Most Excellent Majesty. The humble memorial of the Governor and Company of Adventurers of England trading into Hudson's Bay. That the Said Company do, with the utmost gratitude, return your Majesty their most humble and hearty thanks for the great care your Majesty has taken for them by the Treaty of Utrecht, whereby the French are obliged, to restore the whole Bay of Hudson and the Streights, being the undoubted right of the Crown of Great Britain. And whereas, by the 11th Article of the said Treaty, satisfaction is to be made to the said Company for all damages sustained from the French in times of peace for whioh oom- missaries are to be named on both sides to adjust the same : the said Company humbly presume to acquaint your Majesty that whenever your Majesty in your great wisdom shall think fit to name commissaries for that purpose, they are ready to make out their demand of damages sustained from the French, according to the said 11th Article. All which they nevertheless submit to your Majesty's wisdom and goodness. The Hudson's Bay Company, Wm. Potter, Secretary. THE HUDSON'S BAY COMPANY'S CLAIMS AFTER TREATY OF UTRECHT. 131 To Wm. Popple, Esq. Sir, — I, being one of the Commissioners for the Hudson's Bay Company, give me leave to take this opportunity to inform you we are sending a gentleman to take possession of our country very speedily. If the Lords have any commands touching the memorial lately pre sented to Her Majesty by us, relating to the damages the French did us in times of peace, this gentleman, who was in Hudson's Bay at that time, can give their Lordships some information in that matter. I am, Your very humble servant, Jno. Pery. June 3rd, 1714. To the Right Honourable the Lord Viscount Bolingbroke. My Lord,— In obedience to Her Majesty's commands, signified to us by your Lord ship's letter of the 13th of the last month, we have considered the memorial of the Governor and Company of Hudson's Bay, and the Petition relating to Mounts'errat, and thereupon take leave to offer, that Her Majesty be pleased to signify to the Court of France the necessity of appointing commissaries to treat the several matters pursuant to the 10th, 11th, and 15th Articles of the Treaty of Peace with France, we being informed that the French commissaries who are here, have not full powers to treat on those matters ; and as soon as we have their answer, we shall lay it before your Lordship. My Lord, Your Lordship's most obedient and most humble servants, Guildford, R. Monckton, Arthur Moore, Jno. Cotton, Jno. Sharpe, Samuel Pytts, Thos. Vernon. June 18th. To the Honourable the Lords Commissioners of Trade and Plantations. The humble representation of the Governor and Company of Adventurers of England, trading into Hudson's Bay, » Sheweth : That pursuant to the 10th article of the Treaty of Utrecht, they did, the beginning of June last, send a ship for Hudson's Bay, and therein a Governor, one Captain Knight, and his Deputy, one Mr. Kelsey, to take possession of the whole Bay and Streights of Hudson, together with all other places relating thereto, as mentioned in the said articles, they having not only her late Majesty (of blessed memory) her commission for the same purpose, together with one from the Company, but likewise the most Christian King's order, under his hand and seal, with a power from the Canada Company, to deliver up the same according to the said treaty, which ship, at the request of the said Canada Company, is not only to bring away the French settled in Hudson's Bay, but likewise their effects, pursuant to the afore said treaty, they paying freight for the same, which ship may be expected the latter end of September, or beginning of October next. They further represent to your Lordships, that, according to a memorial formerly de livered this Honourable board, relating to the limits or boundaries to be settled by commis saries 'twixt the English and French in those parts, they humbly prayed, that for avoiding all disputes and differences that may in time arise between the Company and the French set- 132 the Hudson's bay company's claims after treaty of utrecht. tied in Canada, that no wood-runners, either French or Indians, or any other person what soever, be permitted to travel, or seek for trade beyond the limits thereafter mentioned. That the said limits, beginning from the Island called Grimington Island, or Cape Perdrix, in the latitude of 58| north, may he the boundary between the English and the French, on the coast of Labrador towards Rupert's Land on the east main, and Nova Britannia on the French side. That no French ship, barque, boat, or vessel whatsoever, shall pass to the north-west ward of Cape Perdrix, or Grimington's Island, towards or into the Streights or Bay of Hud son, on any pretence whatsoever. That a line supposed to pass to the south-westward from the said Island of Grimington, or Cape Perdrix, to the great lake Misoosinke, alias Mistoveny, dividing the same into two parts (as in the map now delivered), and from the said lake, a line to run south-westward into 49 degrees north latitude, as by the red line may more particularly appear, and that that latitude be the limit ; that the French do not come to the north of it, nor the English to the south of it. That the French nor any others employed by them shall come to the north or north westward of the said lake, or supposed line, by land or water, on or through any rivers, lakes, or countries, to trade or erect any forts or settlements whatsoever ; and the English, on the contrary, not to pass the said supposed line, either to the southward or eastward. The said Company having already delivered to your Lordships an abstract of the. damages sustained by the French in times of peace, amounting to £100,543 13s. 9d., ac cording to the direction of the llth article of the aforesaid treaty, which they humbly en treat your Lordships to take care of, to the relief of the great hardships they have so long laboured under. By order of the Governor and Company of Adventurers of England, trading into Hud son's Bay. Wm. Potter, Secretary. Hudson's Bay House, 4th August, 1714. To the Right Honourable the Lords Commissioners of Trade, &c. My Lords,— The Lords Justices desire to have an account forthwith laid before them of what has been done since the peace, relating to Hudson's Bay, Nova Scotia, and St. Chris topher's. Some things have passed in my office, others I believe in the treasury, and a con siderable deal I doubt not has been done by your Lordships ; wherefore if your Lordships be pleased to collect a perfect state of the whole, I will furnish you with what you may want from me. I am likewise on this occasion to put your Lordships in mind of the point referred by the Treaty of Peace with France, to the discussion of commissaries, that their Excellencies may be acquainted with the orders given to the commissaries of commerce in these matters, and their proceedings thereupon. Your letter of the 30th July, relating to Captain Van Estegle, has been laid before the Lords Justioes, and the orders their Excellencies have been pleased to give thereupon, have been sent to the Treasury and Admiralty. It is likewise thought fit that your Lordships, in your station, should advertise the governors and other officers in the plantations, of their duty in the particulars mentioned in your letter, both with respect to the trading to the French settlement, and to the illegal landing of goods from thence. I am, My Lords, Your Lordships' most humble servant, Bolingbroke. Whitehall, August 12th, 1714. M, bellin's remarks on the map OF NORTH AMERICA, 1755. 133 To the Viscount Bolingbroke. My Lord, — In obedience to their Excellencies the Lords Justices' commands, signified to us by your Lordship's letter of the 12th inst., requiring to know what has been done since the peace relating to Hudson's Bay, Nova Scotia, and St. Christopher's, we take leave to represent : That upon your Lordship's letter of the 22nd July, requiring us to prepare proper in structions for the British commissaries who are appointed to treat with those of France upon the 10th, 11th, and 15th Articles ofthe Treaty of Peace, we wrote letters to several persons concerned in the Leeward Islands, and several parts of the continent, for what they might have to offer to such parts of the said Articles as did relate to them respectively, and have received answers from some of them. We pray your Lordship will please lay the enclosed copies thereof before their Excellencies, the Lords Justices, as follows : Copy of a memorial from the Hudson's Bay Company, describing the limits which they desire may be fixed between them and the French in those parts, as also an abstract of the damages they have sustained by the French in times of peace. In relation to St. Christopher's we further take leave to represent that upon several references from Her late Majesty in Council, from the Lord High Treasurer, and from the Secretary of State, we prepared a representation relating to the settlement of the French part of that Island, as also a letter to the late Lord Treasurer upon the same subject, copies whereof are here enclosed, which your Lordship will please also lay before their Excellencies the Lords Justices. Since which time we have received some other petitions from French refugees, also re ferred to us, of the same nature as those mentioned in our above said representations, which we have not yet been able to consider so as to be able to make a report thereon. We shall take care by the first opportunity to send directions to the governors and other officers in the Plantations, in relation to the illegal trade between the said Plantations and the said French settlements. We are,My Lord, Your most obedient and humble servants, Ph. Meadows, Arthur Moore, Jno. Sharpe, Samuel Pytts, Thos. Vernon. Whitehall, Aug. 14th, 1714. VIII. Remarks nn e Coronelli, 1689."] (MS., Lib. Pari.) This title is in the catalogue, but not on this copy of the map. This map purports to have special reference to the discoveries of Marquette, Joliet and La Salle. An affluent of the Mississippi issues from Lac Buade, which is situate due west of L. Nepigon ; the main stream marked " Fleuve Miss." comes from the N. W., and is joined by that affluent on the parallel of Fond du Lac. The inscription " Partie du Canada ou Nouvelle France " stretches, from beyond the Mississippi, eastward to the St. Law rence, and extends, south as far as the Ohio. (23) 1690.— "MondoNuovo," by Coronelli; in his Atlas, " Venice, 1690." This map has an engraved line which commences at the most easterly point of Labra dor, in lat. 54°, and runs south-westerly, passing close to (and south of) the foot of James' Bay and the mouth of the Albany river (not shewn), and thence westerly to the merid. of Fort Nelson (not shewn), thence due south to the Gulf of Mexico, — leaving the Mis sissippi and Lago di Nadouessans, (probably intended for Lake of the Woods), to the , east. This western line is probably intended to indicate the limit of the most advanced discoveries in that direction, at the time, North of the line, west of the Bay, New South Wales and New North Wales are shown; and east of the Bay " Estotilanda coperta da Antonio Zeno, nel 1390." The northern part of the Atlantic is named " Mare di Canada, o della N. Francia." (24) 1690. — " America Septentrionale " by Coronelli (in the same Atlas). This map has the same engraved line as the preceding. The name " Canada oNuova Francia " commences at the Mississippi, north of the Ohio, and ends at the Labrador Coast, and is partly above the line in question, which, therefore, could not be intended as a boundary of Canada on the north. " New South Wales " is named, with the memo : " Scpperta daglTnglesi." " R. Frenchman " is the river next south-west of the Rupert. East of the Bay are the names " Estotilanda o the new Bretaigne et Terra di Labrador," but printed in characters less prominent than " Canada," °nd apparently included in, and subordinate to that country. This map would appear to be founded, in part, on an English map. (25) 1692.—" Carte Generale de la Nouvelle France, 1692," designed to shew (inter al.) the situation of the several Missions. (MS. Lib. Pari.) The sources of the Mississippi are laid down in this map at about the par. of Nepigon Bay, extending over a space of 6 degrees— from about 97° to 103° of west long. Lac des Assinebouels is north of these sources, and between it and them amon<* the Nadouessans [Sioux], a Mission of the Recollets. In this it accords with' the m°ap in Hennepin's book, (English ed.) The lower part of Hudson's Bay is shewn, and " included in New France : that country has no limit on the west. is <26) 1695.—" Carte d'une partie de I'Amerique Septentrionale, tiree des Manuscrits de M. Guill. de ITsle, ou l'on voit son systeme en 1695, sous les pays situSe au Nord-Ouest (publiee par M. de l'lsle, Professeur Royale, . . . 1752.") This map contains what appears to be the first representation of the idea of " La Mer de l'Ouest," of which such frequent mention is made in Frenoh memoirs and documents, in connexion with explorations west of Lake Superior, during the first half of the 18th century. It is here shewn as an inland soa, east of California and north of New Mexico and the idea may, as here represented, have been founded on the Indian account of the notes on maps, 1632-1857. 13 6e Great Salt Lake, or of the Mer Vermillion [Gulf of California.] Any subsequent representations of it on maps, place it in or about the position of the Gulf of Georgia. (See further reference to this sea, under dates 1700, 1717, 1746 and 1752, when the idea had taken better shape). (27) 1696. — " Le Canada, ou partie de la Nouvelle France, par H. Jaillot, Paris, 1696, et Amsterdam, chez Ottens." Fort Dauphin, and an inscription referring to it, viz. : " Poste Frangois decouvert et occupie par la compagnie qui s'est formee en Canada pour la Baye d'Hudson," are given in MS., but no indication is given as to when this addition was made. It is not all improbable, however, that the French, who at this time, and up to the Treaty of Utrecht, carried on a large trade between Winnipeg and the other Western Lakes, and Hudson's Bay, may have erected Fort Dauphin at this early period, and that Verendrye's Fort of the same name was simply a re-building of it on the same site. (28) 1699. — " Amerique Septentrionale par le Sieur Sanson, Georgraphe du Roy, Paris, 1699." A line, engraved and coloured, which appears to be intended to indicate the south westerly boundary of Canad, commences on the western limit of the map, and runs southerly, at a considerable distance west of the Mississippi, to the parallel of the confluence of that river with the Ohio, and thence easterly to the English Qolonies. The name " Canada ou Nouvelle France " commences at this line, south-west of L. "Winnipeg, and terminates at the easterly point of Labrador, and clearly includes Hudson's Bay. (29) 1700. — "Mappe Monde, dressee sur les observations, etc. . . a son Altesse Royal Monseigneur le Due de Chartres, par. . . G. de I'lsle, Geographe. . . a Paris, chez 1'auteur." Canada includes Hudson's Bay ; it has no western limit. The name " Canada ou Nouvelle France," on this map, commences west of the Bourbon [Nelson] R. The sources of the Mississippi are south-west of a lake which occupies nearly the position of L. Winnipeg. The Bourbon River does not issue from, or have on its course any lake. (30) 1700.— "L' Amerique. Septentrionale. . . par G. de 1' Isle. A Paris, chez 1'auteur. 1700." , The name " Canada ou Nouvelle France" commences on this map at Lac des Assenipoils [Winnipeg] and runs easterly, on and below the par. of 50°; it includes Hudson's Bay, and all to the north, except " Terres Arctiques;" and, all to the west, to the limit of discovery, viz : beyond the Mississippi and L. Winnipeg ; the southern boundary is a line, engraved and coloured, running easterly from the border of New Mexico, on about the par. of 36°. The source of the Mississippi is about 15° west of Lac des Assenipoils. Lac des Assenipoils does not discharge into Hudson's Bay, but into Lake Superior, thus forming a part of the St. Lawrence system. All the forts on Hudson's Bay, and Fort de Bonsecours, on the Mississippi, are shewn. (31) 1700 "Carte dressee par M. Guillaume de I'lsle, au commencement de ce siecle, pour servir a ses conjectures sur l'existence de la Mer de l'Ouest. Publiee par Mr. Joseph Nicolas de I'lsle. . . . 1752."* The " Mer de l'Ouest " is shewn in part; — an inland sea, with a strait connecting it with the [Pacific] ocean. " Canada " includes Hudson's Bay and the country westward to the sea : the name commences west of Lake Superior. • "La mer de l'Ouest," so frequently mentioned in French official and o^er document between 1700-1763, was the name given by the French geographers, commencing with Wilhamde lisle mlW5 to a supposed inland sea near the western coast of America. On the maps it "J^^ted u^uKtod with the Ocean (Mer du Sud), at first by one passage, and subsequently by two P*™ages or steal ts The position of this sea, in the later maps, agrees with that of the «uK of Georgm (Vancouver s Starts), and the two passages represent, respectively the two entrances to the latte north ^^b? ori Jiatedtte ver's Island. ThTdiscovery of these passages by-some of the early navigators no doubt ongmated the 136/ notes on maps, 1632-1857. idea of such a sea. From a very early period, and particularly after 1700, French explorations,' west of the western watershed of Lake Superior, and in the region of the Upper Missouri, were chiefly directed to the discovery of this sea and of the southern ocean. Verendrye, when at the sources of the Missouri, found that he was too far to the south ; and he carried on his subsequent operations jn the direction of the Saskatchewan, each step in advance being firmly secured by the establishment of a fort and trading post, which formed a basis for his further progress. His immediate successors reached the Rocky Mountains, at whose eastern base they built Fort Jonquiere ; and there is ground for the belief that they crossed these mountains to the waters of the Fraser or the Columbia, and, following thein, beheld, if they did not actually reach, the long-sought-for sea. The cession of Canada put a stop to their further opera tions, and it was left to British subjects — but still Canadians— to establish for the first time, on the Pacific slope, those permanent establishments, which would undoubtedly have been established at an earlierperiod by the French explorers, had not the fortunes of war cut short their tenure of the coun try. The region between the western watershed of Lake Superior and La Mer de VOuest, from the Missouri on the south to the head waters of the Nelson on the north was called by the French the Post of the Western Sea, or, shortly, La Mer de l'Ouest or d'Ouest. Carver having in his map given the name of "West Bay" to the south-westerly portion of Lake Superior, some writers have erroneously supposed from this circumstance that the name Mer de l'Ouest had reference to Lake Superior. (32) 1700. — " Partie de la Nouvelle France . . dediee a Monseigneur le Marquis de Seignelay, par Hubert Jaillot. A Paris, 1700." This map includes Hudson's Bay. " Poste du Sr. de St. Germain,"* on Lake St. Anne, on the Albany River ; " Poste du Sr. Du Luth "t on the north shore of L. Nepigon ; and a Fort on the south-east shore of L. Nemiscau are marked: the latter with the memo: " Poste pour couper les sauvages par le haut de la Traite de Tadoussac, et les empScher de descendre a la Baye de Hudson." Fort Nemiscau, and also some French establishments on Lake Mistassin-^all north of the height of land — were within the Royal (French) Domain of Tadoussac ; and appear to have been centres of a large trade with the Indians. Fort Nelson is marked " Poste Frangois ; " and Forts Albany, Moose and Rupert, respectively," Anglois," — an error, as all the Hudson's Bay forts, with perhaps one exception, were at this time in the hands of the French. * This post was originally built by L)u Luth, in 1684, and continued to be occupied by the French till, it is believed, the conquest of Canada, and certainly till long after the Treaty of Utrecht, in spite of the remonstrances of the Hudson's Bay Company, and even of the English Government. It was far north of the height of land, and within some 100 miles or so of Albany Fort, whose trade it very largely diminished, + Otherwise known as Fort Latourette. (33) 1703. — " Carte du Canada ou de la Nouvelle France, par Guillaume de I'lsle, de l'Academie Royale des Sciences, et premier Geographe du Roy. A Paris, chez 1'auteur, 1703." The name " Canada ou Nouvelle France " commences, on this map, south-west ofthe southern portion of Lac des Assenipoils, and runs easterly, partly to the north of the height of land. It includes Hudson's Bay, and, westward, the whole country as far as shewn, viz., beyond the Mississippi, Lake Winnipeg and the Bourbon [Nelson] River. The sources of the Mississippi are indicated at a point about 5° S.W. of L. Winnipeg. Torts L'Huillier, Le Sueur and des Abitibis, as also French establishments (" Maison Frangaise ") on the S.W. shore of L. Mistassin, the north-west shore of L. Abbitibis and at Chagouamigon, are marked.* Several engraved lines appear within the limits of Canada, which merely denote boundaries of tribes. On an original proof copy of this map, now deposited in the Bureau de la Marine, at Paris, there appears, as an autograph addition of the author and his brother, a line marked " Ligne selon le memoire de M. d'Auteuil." This line commences at the entrance to and on the south shore of Hudson's Strait, and runs thence south-westerly (crossing the Rupert River) to about lat. 50^* ; thence due west to a point south west of Fort St. Louis [Moose Fort] ; thence north-westward on a direct - course to the parallel of 60°. This appears to be the original of the line which was subse quently incorporated, with more or less variation, in some of the maps of this author, published after the date of the Treaty of Utrecht. It was also, in all probability, the line which the French, at the. last extremity, were prepared to concede as the limit between them and the English. M. d'Auteuil was the Procureur-General of Canada, at that time ; he was in Paris during the negotiations of the commissaries, 1719, e* seq., in frequent consultation with the French commissaries ; and his memoirs, which are to be found in the Archives de la Marine et des Colonies, were prepared in notes. on maps, 1632-1857. 136

point north-east of Lake Nepigon. So far, it is only a range of mountains. Thence easterly to a point beyond Mistassin it is doubly coloured ; and from thence it proceeds — also coloured — to the limit of the map, in the direotion of Davis' Inlet. A division of the waters is marked, though not correctly 9c 136ff NOTES ON MAPS, 1632-1857. between Rainy Lake and Lake Superior. The southern boundary is carried from the Bay of Chaleurs westward to the Ohio, and< along the Ohio to its confluence with the Mississippi ; and thence the boundary line runs northward along that riser to the limit of the map in latitude 45°. It may fairly be assumed — notwithstanding that the territory between the Great Lakes and the Mississippi is marked " Reserved Lands," and that the name of that Province is confined within its bounds of 1763 — that this southerly and south-westerly line, was intended to represent that provided for by the Quebec Bill of 1774, as the limit, in those directions, of the Province of Quebec; the Ohio boundary, at all events, could have no other significance. (151) 1776.- — "North America" (from "Jefferys' American Atlas, or a geographical description of the whole continent of America, and chiefly the British colonies, composed from numerous surveys which were made by order of the Government engraved by Thomas Jefferys, London, 1776-8.") Shews the first Province of Quebec ; the lakes and rivers from Lake Superior to Lake Winnipeg ; but not the communication between the latter and Hudson's Bay, the River Nelson not flowing out of it. " Canada " has no limits on the north or west ; the Miss issippi bounds it on the south-west. (152) 1776. — "A general Map of the middle British Colonies in America... also of the bordering parts of the Province of Quebec, and corrected from Gov. Pownall's late Map, 1776. ..London : Sayer & Bennett, 1776..." In the corner is given " A sketch of the upper parts of Canada," which ishows the Mississippi, to about the St. Croix river, as included in that Province. V (153) 1776.—" A Map of the Province of New York, by order of His Excellency, William Tryon, Esquire, Captain-General and Governor of the same, by Claude Joseph Sauthier... Engraved by Faden, successor to the late Mr. Thomas Jefferys. 1776." The portion of Canada which is shewn, extending westward to about a league beyond Fort Frontenac, is named " Canada, or Province of Quebec." (154) 1776. — " North America and the West Indies, with the opposite coasts of Europe and Africa " (from " The American Atlas... by the late Mr. Thomas Jefferys [and others]. London: Sayer & Bennett. 1776." Shews the western watershed of Lake Superior. A height of land runs to and north westerly beyond Split Lake, but is only indicated as a mountain range, and marked "The Land's Height." There is no communication between Lake Winnipeg and Hudson's Bay.* * In this, as in many other maps, the waters of the Winnipeg system are not shewn as discharging themselves by the Nelson or any other river into Hudson's Bay. In many cases even, where the river is laid down as connected at either end with Lake Winnipeg and the Bay, a division of the waters is shewn at Split Lake (Lac des Forts), flowing, on the one hand, to the Bay, and, on the other, to Lake Winnipeg. Hence it came to pass that these maps,— some of them published in the interests of the Company, —conceded to Canada, till recently, the whole Winnipeg Basin, in fact, everything south and west of the Height of Land, which was thought to extend continuously even beyond the Churchill These waters were supposed meantime to find egress from the Winnipeg Basin in one of two ways— first, by the Great River of the West (understood to be the Saskatchewan or Asseniboine united to the Columbia) ; or, secondly, by the St. Lawrence, of whose system the waters of those lakes of the far west were indicated as forming a part. (135) 1777. — " A New Map of the British Colonies in North America By John Andrews. London : Published January 16th, 1777, by John Andrews... and Andrew Dury." This is another of the maps sent by the Hudson's Bay Company, to the Dominion Government, for the purposes of the present arbitration. It has a line, engraved and coloured, which commences at the western limit of the map, in longitude .87°, and runs easterly, partly along and partly north of the height of land, to a point east of Lake Nepigon ; whence it runs north-easterly to the limit of the map, 'in lat. 53° and long. 66° notes on maps, 1632-1857. 13600 nearly. It crosses a branch of the Moose. The name " Canada " commences north of this line, midway between Lake Abitibis and Hudson's Bay. Fort Abitibis is marked, as also the " French House," on Lake Mistassin; Fort Rupert is marked " abandoned." (156) 1777. — "Amerique Septentrionale, par le Docteur Mitchell, traduit de PAnglois. . . . A Paris : Par Le Rouge, 1777." This Map has been already referred to, in connection with Le Rouge's earlier edition, 1756. (157) 1777. — "A new and correet map of North America... corrected from the original materials of Gov. Pownall. London : Sayer & Bennett, 1777." An engraved line, commencing on the limit of the map, north-east of Lake Mistassin, follows the height of land westward to the portage of Temiscaming ; it is marked " land's height " ; it does not extend further west. The intention may have been to treat the 49th parallel as the continuation, but there is no indication of this on the face of the map. A stream enters Red Lake from the north-west ; it is marked " Mississippi R., whose head is unknown ; " a line of dots marked " conjectural " connects it with Red River. From Red Lake downwards its course is marked by a line, engraved and coloured, which would seem to form the south-western boundary of " Canada." North of Red Lake, no western limit is shown, and on the north there is no line except that already mentioned. The map extends westward to Lake Winnipeg, and northward to Cape Henriette Marie. (158) 1778. — "Amerique ou Indes Oocidentales... par Vaugondy. ..1778," in "Atlas Ameriquain Septentrional... Traduit des cartes levees par ordre du Gouvernment Britan- nique, par le Major Holland, &c. Paris, chez Le Rouge, 1778." Has a line corresponding with that on ,De ITsle's Map (ed. 1722), but ending at the mouth of R. du Loup west ot the Churchill. Retween this line and Hudson's Bay is the name " Nouvelle Bretagne." (159) 1778. — "Theatre de la Guerre en Amerique," from the same Atlas. A line corresponding with that on De ITsle's Map (ed. 1722), runs from the par. of 53°, being the northerly limit of the map east of Hudson's Bay, to the 50th parallel, which it follows to the westerly limit, a little beyond the meridian of Michipicoton. (160) 1778. — " The World, with the latest discoveries, from the best authorities. ..J. Lodge, sculpt," (in work, "History of America... by William Russell, Esq., of Gray's Inn ..London... 1778." Shews a line running from about Cape Perdrix direct to Lake Mistassin. Recom mencing south of, but not touching that Lake, it runs westerly in about the same position as that on Mitchell's Map of 1755, to a point north of Lake of the Woods, being the same point at which it stops in Mitchell's. * * See note to map No. 83. (161) 1778. — "An exact map of the Five Great Lakes. ..and Hudson's Bay Territories." " J. Lodge, sculpt." (in the same work.) A range of mountains, along portions of which a line of engraved dots appears, ex tends from the head of Nodway's River, on the eastern limit of the map, westward to a point north of Lake Nepigon ; and thence north-westward, in the direction of Split Lake, to the limit of the map in that quarter, in 92° west and 53° north. It crosses the middle branch of the Moose, and is marked " Bounds of the Hudson's Bay Company." * The name " Canada " commences midway between Rainy Lake and the R. Nepigon. * See note to map No. 83. (162) 1778. — "A General Map of North America," "engraved by J. Lodge from the late Mr. Jefferys..." (in same work.) An engraved line, marked " Bounds of Hudson's Bay by the Treaty of Utrecht," * and commencing at a point north-east of Mistassin, conforms exactly to the line on Mitchell's * See note to map No. 83, 136/Vi notes on maps, 1632-1857. Map of 1755, as far west as the terminal point of that line, whence it passes westward to the limit of the map, a short distance beyond Lake of the Woods. It crosses the middle branch of the Moose. (163) 1778. — " A new Map of North America, from the latest discoveries, 1778. Engraved for Carver's Travels." An engraved line marked " Proposed limits of Hudson's Bay," runs from the position of Cape Perdrix on a straight eourse south-west to the north-east shore of Lake Mistassin. This was the line proposed by the Hudson's Bay Company in 1712. Another engraved line* commences at a point north-east of this Lake, and runs thence westerly and to the north of what are there called the Northern Mountains, and north of the true position of the height of land, to a point north of Lake Nepigon. From the last mentioned point, the line runs westerly, corresponding exactly with that on Mitchell's map of 1755, and ter minating at the same point, north of the Lake of the Woods, as the line on that map. The sources of the Mississippi in reference to the Lake of the Woods are near their true position. The water communications between this Lake and Hudson's Bay are shown with some approach to correctness. The map extends to the Pacific ; an inland sea — " Western Sea," — being indicated in the same position as on the maps of De I'lsle and Buache. t No limits are assigned to " Canada " on the west, nor is the boundary between it and Louisiana shewn. Forts Charles, Maurepas and Bourbon are marked. * See note to map No. 83. f See note to map of 1700, ante. (164) 1778. — "A Plan of Captain Carver's Travels in the interior parts of North America, in 1766 and 1767," (in same work). The sources of the Mississippi are placed in almost their true position, and due south of L. of the Woods. The division of the waters between Lakes Superior and La Pluie is clearly marked. (165) 1779. — A Map in the " History of the American War," published in Dublin, 1779. Has a line marked ¦" Bounds of the Hudson's Bay by the Treaty of Utrecht." It rises north of lat. 50°, near the merid. of 68°, and terminates on the west at lat. 50° north of Lake ofthe Woods. (Summarized from Mr. Lindsey's work, p. 99.) (166) 1780. — " L' Amerique. .par le Sieur Janvier, a Paris, chez Lattre, graveur...l780." Shows " Mer ou Baye de l'Ouest," as in Buache's maps hereinbefore referred to. A coloured line, which seems to indicate the northern boundary of " Canada," runs east erly from this sea, just above the parallel of 50° to the coast of Labrador ; the southern boundary is marked by a line engraved and coloured, which runs from the south-east corner of the sea in question, easterly to and along the watershed between the Misissippi and Winnipeg systems, and thence following the southerly watershed of the great lakes and of the St. Lawrence to the [Atlantic] sea. (167) 1781.— De la Rochelle's Map, published in London, 1781. Shews as the western boundary [of the Province of Quebec,] a line following the Mississippi River to Red Lake, thence north to Rainy Lake, and thence some distance north, to Hudson's Bay boundary, north of Rainy Lake. (168) 1782. — " Hemisphere Occidental ... par Guillaume de I'lsle ... revu6, corrige et aug ments par Dezauche, successeur des Srs. De Lisle et Phil. Buache ... 1782. A Paris chez Dezauche... a seul charge de l'entrepot general des Cartes de la marine ... ;" there is in the corner a memo : " Phil Buache ... gendre de 1'auteur." Has a line, engraved and coloured, corresponding nearly to that on De ITsle's map (ed. 1722) but crossing the R. Danoise [Churchill] and terminating at a point north of it, without approaching the Bay. The western watershed of Lake Superior is marked, and beyond it the various lakes and rivers which form the communication with Hudson's Bay. The source of the Mississippi is south-west of Lake of the Woods. " Canada " extends to tho Western Sea : the name commences at Lake Manitoba. The boundary between it ;ind Louisiana is a line, engraved and coloured, commencing at the Ro6ky notes|on maps, 1632-1857. 137 Mountains (not named), and running thence easterly to and along the northerly water shed of the Missouri, to the parallel of the junction of the Illinois and Mississippi, and thence due east to the AUeghanies. (169) 1783 (about). — "A new map of the United States ... with the British Dominions, by Samuel Dunn, improved ... from ... Carver. London, Laurie & Whittle." A line, engraved and coloured, and evidently intended to represent that ofthe Treaty of 1783, but carried along the Kamanistiquia, (named also Long Lake) and north of Rainy Lake, runs to and through the Lake of the Woods, and thence westerly a short distance, with the inscription " To the Mississippi." Canada has no limits on the west or north : the name commences east of Rainy Lake. The limit of the map on the west is beyond Lake ofthe Meadows [Manitoba]. " The land's height," shewn as a range of mountains only, runs to Split Lake. No communication is shewn between Lake Winnipeg and Hudson's Bay. (170) 1783. — "America. New and correct map ofthe United States of North America, agreeable to the Peace of 1783, showing the boundary of Hudson's Bay according to the Treaty of Utrecht. By Abel Buell, New Haven." The southern boundary of Hudson's Bay, extends, by a well-marked red line north of Lake of the Woods and north of Lake Temiscaming, and does not follow the watershed. The Ohio River, and the Mississippi as far as it runs north, are given as the southern and western boundaries respectively of the then Province of Quebec. (171) 1785. — " United States of North America, with the British and Spanish Territory, according to the Treaty of 1784, pub. 1785." Shews the Mississippi as the boundary of " Canada,'' westward of Lake of the Woods. (172) 1785.— "Etats-Unis . . a Paris, chez De la Marche, 1785." The international boundary is shewn, from a point 1£° due west of Lac des Bois, east erly to the head of the Connecticut River ; all north of it, including James's Bay, to the limit of the map, in 53°, is " Canada." A little to the south-west of L. des Bois, is shewn the head of the Mississippi with the memo : " Mississippi tant la source, est en core inconnu." From the westerly termination of the international boundary, already mentioned, a coloured and engraved line is drawn to this supposed source of the Missis sippi, and is thence continued down the river to the Illinois, thence eastward to the AUe ghanies, and thence northward to the international boundary line in Lake Erie. Across the face of the country enclosed by these lines is the memo. " Cedees aux Etats-Unis le30, 9bre, 1782." (173) 1786. — " Americas Mappa Generalis . . Hommanianinis Heredibus, 1786." Has a line corresponding with that on De ITsle's map ; it is closer, however, to the Bay than is shewn on the'ed. of 1722, and ends at the mouth of the Churchill. Within it is the name " Nova Britannia." The name " Canada v. Nova Francia " commences west of L. Assinipouals [Winnipeg]. (174) 1787. — " Mappe Monde — Hemisphere Occidental," in the " Atlas Encyclopedique par M. Bonne, Ing. Hyd. de la Marine, et par M. Desmarest, de l'Academie Royale des Sciences. A Paris, 1787." The name " Canada " commences just east of Lake Winnipeg. That country has no limit on the west, and Hudson's Bay is included in it. (Several other maps in this Atlas show the same features). (175) 1790. — " A particular map of the American Lakes, Rivers, etc., parle Sr. D'Anville London : Drawn and engraved for John Harrison, 1790." A dotted line, without inscription, follows the water-shed from a point south-east of L. Mitassin, westerly and northerly, to a point west of and close to the same lake, in about lat. 50° 40'. " Canada ou Nouvelle France " has no limits on the north or west. 138 notes on maps, 1632-1857. (176) 1791. — " Sketch ofthe Western Countries of Canada," bound in work'" Voyages and Travels of an Indian Interpreter and Trader By J. Long London, 1791." The map extends to the western watershed of Lake Superior, and includes the Upper Mississippi. There is no boundary line on the west or on the north; but circling James' Bay, from the Albany to the Rupert, is the inscription : " Territories of the Hudson's Bay Company."* * See note to map, No'. 83. (177) 1791.— "A Map of North America by D'AnvUle. Drawn and engraved for J. Harrison [London] 1791." From the south-east corner of Lake Mitassin, a dotted line, marked " Hauteurs des terres," runs north-easterly a distance of some 7° or 8° ; no other Umit is shown to " Canada " on the north, nor has it any bounds on the west. A coloured line runs from Lake Superior westerly along the Kamanistiquia (not named) and some streams which run to the north of, and almost parallel with, the line of the international boundary, to a point north of the westernmost point of the Lake of the Woods. This line seems in tended to represent the southern boundary of Canada in that quarter. The source of the Mississippi is due south of the Lake of the Woods. (178) 1794. — " North America, wherein are particularly distinguished the British Domin ions, the United States and the adjacent Spanish Territories, by Thomas Kitchin, Hydro- grapher to His Majesty. London : Laurie & Whittle, ...1794." An engraved line, commencing at a point north-east of Lake Mistassin, runs westerly along the watershed to a point south of Lake Abitibis, thence westerly, partly along and partly north of the watershed and partly north ofi what, are there called the " Northern Mountains or the Land's Height " to the meridian of 90 ° , and thence north-westerly in the direction of Split Lake to the limit of the map, in longitude 93 ° 45', and latitude 52 J ° , about. It is marked " Boundary of Hudson's Bay Company."t This line crosses the middle branch of the Moose, and also the head waters of one of the branches of the Albany. The international boundary is run to the limit of the map, nearly 2 ° west of the Lake of the Woods, at which point is the inscription : " Duevwest to the Mississipi." The Mississippi is cut off by the same limit in about latitude 46 ° : At the parallel of 45 ° is the inscription : " Thus far the Mississippi has been ascended." " Canada" has no limits assigned to it towards the west or north. + See note to map No. 83. (179) 1795.— "Map exhibiting all the new discoveries in the interior parts of North America, inscribed by permission to the Honourable Governor and Company of Ad ventures, trading into Hudson's Bay, in testimony of their liberal communications,. by A. Arrowsmith, London. 1795, corrected to 1802." This map shows the word " Upper" in " Upper Canada," north of Height of Land, the letter " U " being on the 50th parallel, in about longitude 87° 50'. There is no boundary indicated between Hudson's Bay and Canada. The map published in 1804, is the same in these respects. In the map published under the same auspices in 1822, the position of the words Upper Canada is changed to south of the height of land, the country north of height of land being marked as " Rupert's Land." In no other of Arrowsmith's maps is any boundary line indicated as between Canada and Hudson's Bay. It is a curious and perhaps significant fact, that in an edition of Arrowsmith's said map of 1795, and so dated, but published in 1850, the words " Upper Canada " had been re-engraved along the shores of Lake Superior, instead of being, as in the original, partly above the height of land.$ X These facts were ascertained through searches recently made in London at the instance of the Gov ernment of Ontario. (180) 1798.— "A new map of Upper and Lower Canada, 1798." (In work " Travels through the States of North America, and the Provinces of Upper and Lower Canada during the years, 1795, 1796 and 1797, by Isaac Weld, junior... London... 1799.") The map extends westward to and includes part of Lake Winnipeg. The name " Up per Canada," commences north of Lake of the Woods : no limits are assigned to that Province on the west or on the north. notes o» maps, 1632-1857. 189 (181) 1899. — Map, published by Phillips, London, 1799, in La Rochefoucauld's Travels, (Eng. Ed.) "Upper Canada'' extends to the western limit ofthe map, in longitude 95°. From this limit, in about latitude 51°, a" line, (which, produced, would probably have gone toward Split Lake) runs easterly, substantially following the height of land to a point near Lake Mistassin, thence northerly, on a winding course, to and a little beyond the River Rujpert. (182) 1802. — "Northern Hemisphere. London : Faden, Geographer to the King and to the Prince of Wales. 1802." A line, engraved and coloured, commences north of Lake Mistassin, near the Slude River, and runs thence easterly and southerly to the height of land, which it follows to a point north of Lake Nepigon, whence it passes westerly and then north-westerly, to a river which runs into Lake Winnipeg from the north-east. The international boundary is run some little distance west of the Lake of the Woods, and forms, to that point, the southern boundary of " Upper Canada " and of " Canada." These names commence, — the first, north of Rahiy River ; the second, at Kaministiquia. (183) 1808. — "Carte des Etats-Unis par Tardieux. Paris, 1808 " (being a new edition of his map of 1802). The international boundary line is carried westward to Rainy Lake, where it is stopped by the limit of the map, in lat. 49°. Thus far it is also the southern limit of " Upper Canada." The Mississippi is doubly coloured, as the boundary line between Louisiana and the United States, to its source in White Bear Lake. Here the red colour which indicates the Louisiana side stops, and the green, which indicates the United States side, is carried northerly to a point outside the border of the map, where is the inscription : " Lake of the Woods." Hence it may be inferred that the northern boundary of Louis iana under the Treaty of 1763, was not considered bythe Geographer to extend beyond the parallel of the source of the Mississippi. (184) 1809.— "Map of Canada, etc.," in " Letters from Canada By Hugh Gray. London : 1809." The names " Canada " and " Upper Canada " respectively,- commence at the western limit of the map, in about long. 102°. (185) 1815. — " Map of the Provinces of Upper and Lower Canada, with the adjacent parts of the United States of America, etc By Joseph Bouchette. Published August 12th, 1815, by W. Faden, London." The dedication is to H. R. H. the Prince Regent, and is signed, " Joseph Bouchette, His Majesty's Surveyor-General for Lower Canada, and Lieut.-Col., CM." The map extends to the par. of 55° on the north, and to and including a part of Lake Winnipeg on the west. The height of land north of Lake Superior, etc., is clearly marked without being named. The international boundary line is run to the north-west angle of the Lake of the Woods, and forms to that point the southerly boundary of " Upper Canada ; " no limits are assigned to that Province on the north or west ; the name commences at Lake Savane, north of the height of land, and continues so to the north till it deflects to the south on approaching the inter-provincial boundary, at Temis caming. The Mississippi is coloured as a boundary line to its source in Turtle Lake, where the line stops, (186) 1857. — "Mapof North America, drawn by J. Arrowsmith, ... London, pub'd. 1857, by John Arrowsmith. Ordered by the House of Commons to be printed, 31st July and 11th August, 1857." In the margin is the memo: " On this map the territories claimed by the Hudson's Bay Company, in virtue of the charter granted to them by King Charles the Second, are coloured green ; the other British territories pink ; and those of Russia yellow." This is another of the maps sent by the Hudson's Bay Company to the Do minion Government, for the purposes of the present arbitration. It shews the Company's claim at that date, in respect of limits, to have been to all the lands, north of the international boundary line, whose waters flow, directly or indirectly, to Hudson's Bay or Straits, or into the bays and channels which are approachable through 140 INTERNATIONAL NEGOTIATIONS, 1711-1761. , these on the north : there is but one exception, viz. : east of Lake Nepigon, where' the waters of, or to the south of Long Lake, are cut by the line of boundary. On the Labrador coast the line does not approach Cape Perdrix, Grimington's Island, Davis' Inlet, or any other point which in the last century was claimed as its terminal point by the Company or by English Geographers. It runs from Cape Chudleigh (the entrance point of Hudson's Straits) southerly to and along the watershed. The portions of the northern watershed of the Missouri which is north of the international boundary, is not claimed to belong to the Company. [A map published by the Company in 1850, for the information of Pariiament, almost agrees with that of 1857.] [See also the Memorandum by S. J. Dawson, Esq., M.P.P., on early Maps of the Dis puted Territory, in Section XIII.] post. IX. Jniernatiflnal 'BtQatmtxariB : 1711-1ZGL NEGOTIATIONS FOR THE PEACE OF UTRECHT. Overture from France. That, as it could not be doubted but the King was in a condition of continuing the war with honour, so it could not be looked on as a mark of weakness in His Majesty to break the silence he had kept since the conference of Gertruydenberg, and that before the opening of the campaign ; he now gives farther proof of the desire he always had to pro cure the repose of Europe. But after what he hath found, by experience, of the sentiments of those persons who now govern the Republic of Holland, and of their industry in rend ering all negotiations without effect, his Majesty will, for the public good, offer to the English nation those propositions which he thinks fit to make for terminating the war, and settling the tranquillity of Europe upon a solid foundation. It is with this view that he offers to enter into a Treaty of Peace, founded upon the following conditions : — First. The English nation shall have real securities for carrying on their trade in Spain, the Indies, and the ports of the Mediterranean. Secondly. The King will consent to form a sufficient barrier in the Low Countries for the security of the Republic of Holland ; and this barrier shall be such as England shall agree upon and approve ; his Majesty promising at the same time an entire liberty and security to the trade of the Dutch. Thirdly. All reasonable methods shall be thought of with sincerity and truth, for giving satisfaction to the allies of England and Holland. Fourthly. Whereas the affairs of the King of Spain are in so good a condition as to furnish new expedients for putting an end to the disputes about that monarchy, and for the settling it to the satisfaction of the several parties concerned, all sincere endeavburs shall be used for surmounting the difficulties arisen upon this occasion ; and the trade and interest of all parties engaged in the present war shall be secured. Fifthly. The conferences, in order to treat of a peace upon these conditions, shall be immediately opened, and the Plenipotentiaries, whom the King shall name to assist thereat, shall treat with those of England and Holland, either alone or in conjunction with those of their allies, as England shall choose. Sixthly. His Majesty proposes the Towns of Aix-la-Chapelle or Laize, for the place where the Plempotentanes shall assemble, leaving the choice likewise to England of either of the said Towns, wherein to treat of a general peace. Done at Marlay, the 22nd of AprU, 1711. De Toroy, NEGOTIATIONS FOR THE PEACE OF UTRECHT. 141 To Lord Raby. Whitehall, April 27, 1711. My Lord, — I send Your Excellency inclosed, by Her Majesty's order, the copy of an overture from France, which came a few day since to our hands. The Queen's pleasure is, that Your Excellency do take the first opportunity of com municating it to the Pensionary,* and of letting that Minister know, that Her Majesty, who is resolved, in making peace as in making war, to act in perfect consort with the States, would not lose a moment in transmitting to him a paper of this importance. Your Excellency will please to add that the Queen earnestly desires this secret may be kept among as few as possible, and that she hopes the Pensionary will advise upon this occasion with no person whatever, except such as are by the constitution of that gov ernment, unavoidably necessary. As soon as the matter has been considered in Holland, Your Excellency will please to despatch Barlow, who brings you this pocket-book, with the opinion of the Dutch Ministers. Mr. Prior is fully instructed and authorized to communicate our preliminary demands to France, and to report the answer to us. A. R. BOLINGBROKE TO THE QUEEN. Whitehall, September 20th, 1711. He (M. Mesnager) has put into our hands the answer signed by the King of France to the demands last sent over by your Majesty's order, and this answer complies with every article except the 8th, relating to North America. We find, however, that we shall be able to compound this point with him in the manner which your Majesty some time ago proposed to pass it in, provided France gave you satisfaction on the 7th article, as she has now entirely done. < Preliminary Demands of Great Britain more Particularly. 1. The succession to the Crown of these Kingdoms, according to the present estab lishment, shall be acknowledged. 2. A new Treaty of Commerce between Great Britain and France shall be made in the most just and reasonable manner. 3. Dunkirk shall be demolished. 4. Gibraltar and Port Mahon shall remain in the hands of those who now possess them. 5. The Treaty of the Assiento shall be made with the English in the same manner as- the French hold it at present ; and such places in Spanish America shall be assigned to those concerned in the traffic, for the refreshment and sale of their negroes, as shall be found necessary and convenient. 6. All advantages, rights and privileges now granted, or which may he hereafter granted by Spain to the subjects of France, or of any other nation whatever, shaU be in like manner granted to the subjects of Great Britain. 7. And for the better protection of commerce in Spanish America, the English shall then he put into possession of such places as shall be named in the Treaty nf Peace. France having offered a real security for the trade of her Majesty's subjects in Spanish * Buys. 142 NEGOTIATIONS FOR THE PEACE OF UTRECHT America, no one doubted but that such places were intended ; and in confirmation of this opinion, France proposed Gibraltar as a security to the commerce to Spain and the Medi terranean. The advantages and privileges offered by M. Mesnager cannot be considered as real securities ; it will always be in the power of Spain to resume them, therefore it is supposed that France is under an engagement either to cause to be ceded to Great Britain the places demanded in that Article, or to procure for that nation some new advantages, such as the love of peace may induce them to look upon as an equivalent ; upon this they consider themselves as under an obligation to insist that the Minister aforesaid be fur nished with full powers. And to mark still plainer the sincerity with which the treaty is carried on, and the desire of her Britannic Majesty to promote a general peace, she judges it expedient to declare that the difficulty which occurs upon that Article may be removed by granting to her the following : — That the P-acte de Assiento be made with Great Britain for the term of 30 years. That the entire island of St. Christopher be assured to Great Britain. That the advantages and exemptions from duties promised by M. Mesnager, and which he affirms to amount to 15 per cent, on all merchandise of the growth or manufac ture of Great Britain, be effectually allowed. Great Britain can refresh the negroes at Jamaica, and there distribute those to be sent to La Vera Cruz, to Portobello, and to the other factories in that part of the Indies. But as on the coast of the River de la Plata the English have no colony, it is required that an extent of land be assigned upon this river, where they may not only refresh their negroes, but keep them in safety until they be sold to the Spaniards. And as in this demand no trick is meant, they shall be in this respect subject to the inspection of an officer to be appointed for this purpose by the King of Spain. 8. Newfoundland, Hudson's Bay and Straits shall be completely restored to the English. Great Britain and France shall respectively keep and possess all the countries, domains and territories in North America that each nation shall be in possession of at the time when the ratification of the treaty shall be published in those parts of the world. The Answer of France to the Preliminary Demands of Great Britain, more Particularly. The King being particularly informed by the last memorial which the British Minister delivered to M. Mesnager, of the dispositions of that Crown to facilitate a general peace to the satisfaction of all parties concerned in the war ; And His Majesty finding in effect, as the said memorial declares, that he runs no hazard by engaging himself in the manner therein declared, since the preliminary will be of no force until the signing of the general peace, and being besides sincerely desirous to advance to the utmost of his power the re-establishment of the repose of Europe, especially by a way so agreeable to His Majesty as the interposition of a Princess, whom so many ties of blood ought to unite to him, and whose sentiments for the public tranquillity cannot !be doubted. His Majesty, moved by these considerations, has ordered M. Mesnager, Knight of his Order of St. Michael, Deputy of the Council of Commerce, to give the following answers, in writing, to the articles contained in the memorial transmitted to him, intituled " Pre liminary Demands of Great Britain more Particularly." 1. His Majesty will acknowledge the King of Great Britain in that quality, as also the succession of that Crown according to the present establishment. 2. The King consents to make a new Treaty of Commerce with Great Britain in a manner most just, reasonable, and advantageous to both nations. 3. Although Dunkirk has cost his Majesty very large sums, as well in the purchase of it as in its fortifications, and though it be necessary still to be at a considerable charge to destroy the works, the King will, nevertheless, engage to demolish them immediately after the conclusion of a peace, provided that for the fortifications of this place he receive a proper equivalent ; and, as England cannot furnish that equivalent, the discussion of it shall be deferred to the conferences to be held for the negotiations of a general peace. NEGOTIATIONS FOR THE PEACE OF UTRECHT. 143 4. The King promises, in the name of his grandson the King of Spain, and pursuant to the power which his Majesty has received from that Prince, that Gibraltar and Port Mahon shall remain in the hands of the English, who at present possess both. 5. After the conclusion of peace, the English shall have the Treaty of Guinea negroes to the West Indies, otherwise called the Pacte de Assiento, on the same condi tions as were entered into by the King of Spain with the French, so that the company which will consequently be established in England shall be privileged to refresh, sell, and dispose of the negroes in all the towns and ports of America, of the North Sea, Buenos Ayres, ,and generally in all places and ports where permission was granted to the vessels of the Company established in France, under the title of the Assiento. 6. The King promises, for himself and for the King of Spain, according to the power in His Majesty's hands, that in case a peace is concluded, this Article shall be granted, in like manner as the preceding, and that it shall be punctually executed. 7. Though the King of Spain at the beginning of his reign was induced to favour the French nation when he wanted supplies of money for the expenses of an impending war, that Prince, notwithstanding, granted the privilege of transporting negroes to the French for a term of ten years only ; it would therefore be a great favour to the English to give up to them for twenty years a prerogative of which it seems all European nations would wish to partake each in its turn. Nevertheless, His Majesty promises that the King, his grandson, shall grant to the English during twenty successive years, the trans portation of negroes from Guinea to the West Indies, otherwise called the Pacte de Assiento, with the same conditions, prerogatives, and privileges granted to the French Company, and which they do or might enjoy from the 1st of May, 1702, to the present time. The King consents to this Article. His Majesty in like manner promises, in the name of the King of Spain, the advan tages and exemptions from duties mentioned in that Article, and which the English shall enjoy immediately after the conclusion of the peace, upon the exchange of the ratifica tions. The general peace being effected, an assignment shall be made to the English Assiento Company of an extent of land on the River de la Plata, where they may hot only refresh their negroes, but keep them in safety until they be sold, according to the conditions stipulated in the agreement to be entered into for the Assiento. And to prevent any abuse of this concession, the King of Spain wiU nominate an officer as Superintendent, to whose inspection those interested in the Company, and in general those employed in their service, shall be subject. 8. The discussion of this Article shall be deferred to the general conferences for the peace, it being well understood that the right of fishing and drying cod upon the island of Newfoundland be reserved to the French. In execution of the King's order, we, the undersigned, Knight of his Order of St. Michael, Deputy of the Council of Commerce, have stated the present answer to the pre liminary demands for Great Britain, to the amount of eight Articles, by virtue of authority from His Majesty, of which we have delivered a copy, signed by us : and we promise, in the name of his said Majesty, that the said answers shall be regarded as conditions which he agrees to grant, the Articles of which shall be put into the common form of treaties, and explained in the plainest and most intelligible manner to the common satisfaction of the Crowns of France and Great Britain, and this in case of the signing of a treaty for a general peace. In faith of which we have signed and sealed. Done, &c. Mesnager. The Most Christian Prince having signified to Her Majesty, his sincere desire for the re-establishment of the general tranquillity of Europe by a peace definitive, sure, lasting, and suitable to the interests of all the allies, and having expressed his desire that the Queen would promote the negotiations of such a peace, it has been found just and reasonable that the interests of Great Britain should be, in the first place, adjusted and ascertained. On this 144 NEGOTIATIONS FOR THE PEACE OF UTRECHT. account His Most Christian Majesty has sent over M. Mesnager, Knight, &c. ; he has stated the above eight Articles by authority from His Most Christian Majesty, a copy of which he has given us, signed by him ; of which Articles we, the undersigned, declare by virtue of the express order of Her Majesty, her acceptance as preliminaries which contain only .those secu rities and advantages, which Her Majesty thinks she has a right to expect, whoever be the Prince who may acquire the monarchy of Spain. And these articles must be regarded as con ditions which His Most Christian Majesty agrees to grant. These Articles to be put into the common form of treaties, &c, &c. Done at London, 27th September, 0. S., 8th October, N. S„ 1711. Dartmouth, H. St. John. Preliminary articles on the part of France for the Attainment of a Gene ral Peace. The King being willing to contribute all that is in his power to the re-establishment of a general peace, His Majesty declares : — 1st. That he will acknowledge the Queen of Great Britain in that quality, as weU as the succession to the Crown according to the present settlement. 2nd. That he will freely and bona fide consent to the taking all just and reasonable measures to prevent the re-union of the Crowns of France and Spain on the head of the same prince, His Majesty being persuaded that that excess of power would be contrary to the welfare and peace of Europe. 3rd. The King's intention is, that all the parties engaged in the present war, without excepting any one, may find their reasonable satisfaction in the treaty of peace to be made ; that commerce may be re-established and maintained for the future, to the advantage of Great Britain, of Holland, and of other nations who have been accustomed to carry it on. 4th. As the King will also strictly support the observance ofthe peace when concluded ; and as the object of His Majesty is to secure the frontiers of his kingdom without molesting, in the smallest degree, the neighbouring States, he promises to agree by the future treaty of peace that the Dutch shall have in their possession the fortress which shall be named in the Netherlands to serve in future as their barrier, which may secure the quiet of the Republic of Holland against any enterprise from France. 5th. The King consents likewise that a secure and convenient barrier should be formed for the Empire and for the House of Austria. 6th. Though Dunkirk has cost the King large sums, as well in its purchase as in its fortification, and though it be necessary still to be at very considerable expense to raze the works, His Majesty will, nevertheless, engage to demolish them after the conclusion of the peaoe, on condition that he do receive a proper equivalent for the fortification of that place ; and as England cannot provide that equivalent, the discussion shall be deferred to the con ference to be held for the negotiation of a peace. 7th. When the conferences for the negotiation of the peace shall be formed, all the pre tensions of the Princes and States engaged in the present war shall be there discussed, bona fide and amicably, and nothing shall be omitted to regulate and terminate them to the satis faction of all parties. By virtue of the King's authority, we, &c. Mesnager General Plan of Peace, 1712. [0. Offers of France confidentially oommunicated to the British Ministry by Count De Toroy. D. Further demands of Great Britain. R. Reply of the King of France to those further demands.] For Great Britain. 0. 1. The King promises to consent without difficulty to everything contained in the 1st, 2nd, 3rd, 4th and 5th Artioles ofthe speoific demands ofthe Queen of Great Britain. NEGOTIATIONS FOR THE PEACE OF UTRECHT. 145 0. 2. The King will demolish the fortifications of Dunkirk, as well those of the town as the citadel, the Rysbanks, and the other forts on the sea side, and in three months after, those on the land side ; to be computed from the day of exchanging the ratifications, the whole at his own expense, and with a promise never to repair them, in the whole or in part. 0. 3. The King will give up the island of St. Christopher to Great Britain, as also Newfoundland, on condition that the Town of Placentia be razed, [and] that the French retain the free right to fish and dry cod at Newfoundland, in the place where they have been accustomed so to do. The small islands adjoining, and in the neighbourhood of Newfound land, shall be likewise ceded to England, it being well understood that the island of Cape Breton, and others in the Gulf and mouth of the River St. Lawrence, of which France is actually in possession, shall remain to the King. 0. 4. The King will give up the Province of Acadia, with the Town of Port Royal and its dependencies, to Great Britain, as also Hudson's Straits and Bay. \ 0. 5. In the countries of North America, ceded to Great Britain, the French shall be at liberty to withdraw their effects, as also His Majesty to withdraw the cannon and warlike stores. D. England demands that the town of Placentia remain in its present state. That the cannon and warlike stores in Hudson's Bay remain for England. R. His Majesty offers to let the fortifications of Placentia remain as they are, upon giving up that place to England ; to consent to the demand made of the cannon in Hudson's Bay ; and, besides, to cede the Island of St. Bartholomew ; to give up even the right to fish and dry cod on the coast of Newfoundland — if the English will restore Acadia, for these new concessions proposed as an equivalent. In this case, His Majesty consents that the River St. George shall be the boundary of Acadia, as England insists. Should the Plenipotentiaries of that Crown refuse to enter into any expedient for the restitution of Acadia, the King, rather than break off the negotiations, wUl comply with their demands already made ; that is to say, to give up Placentia fortified, and the cannon in Hudson's Bay ; it being well understood that the offer to cede the Islands of St. Martin and St. Bartholomew, and that of the foregoing right to fish and dry cod upon the coast of New foundland, are also to be considered as if they had never been made. 0. 6. After the peace, Commissioners shall be appointed on both sides to ascertain, within the compass of a year, the boundaries of Canada, or New France, on one side and of Acadia and the land of Hudson's Bay on the other, and to settle, in a friendly manner, all just and reasonable recompenses insisted upon on both sides for injuries done prejudicial to the rights of peace and war. 0. 7. The boundaries being once settled, the subjects of both Crowns shall be recipro cally prohibited from passjng the same, whether by sea or land ; as 'also from disturbing the trade ofthe subjects of each nation, and molesting the Indian nations, allies or subjects of the Crown. 0. 8. The King will permit the House of Hamilton, Colonel Charles Douglas, and others, to represent to him their several rights and pretensions, and will do them strict justice. D. That the Duke of Richmond be considered as the heir of his mother. R. The Duke of Richmond haying obtained the King's letters of naturalization, shall, when peace is made, enjoy the privilege attached to the favour granted to him by His Majesty. D. That the 4th Article of the Treaty of Ryswick be established, and that the King do give no opposition to the regulating of affairs of religion in the empire, pursuant to the Treaty of Munster. R. In consideration of England, the King wishes this affair should be regulated with the empire ; His Majesty having no intention to derogate from the Treaties of Westphalia, on the subject of religion. 0. 9. The King, in the name ofthe King of Spain, his grandson, promises that Gibraltar and Port Mahon shall remain in the hands qf the English. D. That the extent of country round Gibraltar, equal to two cannon shot, and the whole island of Minorca, be ceded to England. R. The King had great difficulty to induce the King of Spain to give up Gibraltar to the English, that Prince's intention being, as he often deolared, not to yield an inch of land 10 146 NEGOTIATIONS FOR THE PEACE OF UTRECHT. in Spain. It will be still much more difficult to obtain from him the smallest concession, on so important a point, now when he is urged to renounce his rights to the Crown of France, and look upon Spain as the only patrimony he can leave to his descendants. So that this new demand will be sure of a refusal ; and the power which His Majesty has received from the Catholic King is directly contrary to such a pretension. As he has not explained himself with regard to the entire cession ofthe Island of Minorca, the King will use his endeavours to obtain it, as a sort of equivalent for territory around Gibraltar ; and on this consideration, and from this time, HiH Majesty promises that the whole Island of Minorca shall be ceded. 0. 10. After the conclusion of peace, the English shall have the transportation of negroes to the West Indies, otherwise called the Assiento Treaty for negroes, upon the same conditions as agreed upon between the King of Spain and the French ; so that the Company which for the purpose will be established in England, shall have the privilege of refreshing, selling, and delivering their negroes in all places and ports of America, upon the North Sea, in Buenos Ayres, and generally in all places and ports where the ships of the Company established in France, under the name of Assiento, are permitted to enter. D. That the French do not withdraw their Assiento effects, otherwise than by English or Spanish vessels. R. Those concerned in the Assiento Company will strictly observe the terms of their agreement ; consequently they cannot, under the pretence of bringing away their effects, trade to the Indies direct : and they would absolutely lose them, should they be forced to put them on board other vessels than those of their Company. The peace having for its object the general benefit of both French and English, it would be unjust that one ofthe first advantages which results to England, should be to the prejudice of France ; if the English will enter into a bargain to purchase the effects of the French Company, this inconvenience will be avoided. 0. 11. The said treaty shall be for thirty years, and there shall be assigned to the Eng lish Assiento Company an extent of land upon the River de la Plata, where they may not only refresh their negroes, but keep them in safety until they be sold according to terms to be stipulated in the Assiento contract ; and to prevent any abuse of this concession, the King of Spain will appoint an officer to superintend, to whose inspection those concerned in the said Company, and generally those whom they shall employ in their service, shall be subject. D. That this extent of territory be submitted to the choice of the English, and that the Spanish Inspector be suppressed. R. The demands made to the King in this Article are known in England : His Majesty obtained them from the King, his grandson, with great difficulty. He can neither demand nor grant in his name any further addition to what has been acceded to for the sake of peace; if the English think proper to insist upon further advantages, they must make a direct ap plication to the Spanish Plenipotentiaries, who, for this purpose, must have the necessary passports sent to them, that they may repair to Utrecht. 0. 12. All advantages, rights and privileges now granted, or which hereafter may be granted by Spain to the subjects of France, or to any other nation whatever, shall be in like manner granted to the subjects of the Queen of Great Britain. 0. 13. His Majesty promises in like manner that all merchandise of the growth of Great Britain going from the ports of Spain, from whence vessels are dispatched for the Spanish Indies, shall be free of all duties of import and export, as well in Spain as in the Indies. 0. 14. All the above articles shall be understood in the most ample and proper _ manner in the treaty of peace, and to them shall be added clauses for the cessation of hostilities, and other mutual assurances, according to the custom of preceding treaties which shall be acknowledged to possess and have their former foroe and effect, except where they are repealed by this ; and this clause shaU be added at the end of each in strument. NEGOTIATIONS FOR THE PEACE OF UTRECHT. 147 Memorial sent by M. Gaultier. March 4th, 17||. From the commencement of the correspondence between Great Britain and France on the subject of peace, it has been an established maxim that we must not, if it can be avoided, expose ourselves to the events of the campaign ; the Queen continues of this opinion, and has taken all necessary precautions, on her part, to bring the negotiations at Utrecht to a happy conclusion. From what has lately occurred here, one may have remarked the favourable disposition of the House of Commons, which, according to the constitution of this Govern ment, is principally to be looked up to in concerns of peace and war. . . . Mr. Harley sets off to-morrow for Utrecht ; he is amply instructed in Her Majesty's intentions upon all the essential points that may come to be discussed in the negotiation, and he carries their last orders to the Plenipotentiaries The Queen has been sensibly affected by the misfortunes lately happened to France ; she does not doubt that the death of those princes may be used as an argument by those who desire the continuance ofthe war, but she believes the surest means of rendering their .scheme fruitless will be to agree without loss of time upon the necessary measures to prevent the union of the two crowns. For this purpose the Queen suggests a proposal that the Prince now in the possession of the Crown of Spain should, for himself and his issue, exeoute a formal renunciation of that of France, and that the line of succession to both should be declared and fixed in the treaty of peace ; it were also to be wished that the Cortes or States of Spain should one way or other concur with this act. Reply to the Memorial Delivered by M. Gaultier. March 23rd, 1712. The King desires as sincerely as the Queen of Great Britain to prevent the events of the campaign, and to agree before it opens on terms of peace The King is assured that those who with so much ability manage the affairs of the Queen of Great Britain, will know well how to make the party submit, and oblige them to conform to the true interests of the nation, whenever the Plenipotentiaries of France and England at Utrecht, shall have agreed upon a just and reasonable plan of peace. To forward this, His Majesty has directed his Plenipotentiaries to grant further compliances, of which they will inform Mr. Harley. He learns with pleasure that the Queen of Great Britain has fully instructed him in her in tentions, and has given him her last orders, not doubting that Princess restraining within the bounds of justice and reason, the vague terms, "reasonable satisfaction," and " real security," which her allies extend not only to the most extravagant demands, which they have actually made, but also to those which they have not yet thought of, and which they reserve with the apparent intention of protecting the negotiation France will never consent to be come a Province of Spain ; Spain says the same thing with respect to France. The question then is, What well-founded means can be used to prevent the union of the two Monarchies ? But we should absolutely go from the point we aim at, and fall into infinite dangers, worse, if possible, than .that we anxiously desire to avoid, were we to contravene the fundamental laws of this- Kingdom. Aoeording to these laws, the Prince next the Crown is the necessary heir to it ; it is a patrimony which he receives neither from the King, his predecessor, nor from the people, but by virtue of the law ; so that upon the demise of a king, another im mediately succeeds him without awaiting the consent of any one. He succeeds not as heir, but as monarch of the kingdom, the lordship of which belongs to him, not from election, but from right of birth alone ; he is indebted for his crown neither to the will of his prede cessor nor to any act or decree, nor, in a word, to the generosity of any one, but to the law ; this law we consider as the work of Him who hath founded all monarchies, and we in France are persuaded that God alone can ¦abolish it. No renunciation can then destroy it, and if the King of Spain gave in his for the sake of the peace, and in obedience to his grandfather, we should deceive ourselves if we re ceived it as a sufficient expedient to prevent the evil we propose to avoid. It would, on 148 NEGOTIATIONS FOR THE PEACE OF UTRECHT, the contrary, be the source of the greatest evils ; it would open the door for civil war in the kingdom, the flame of which would again spread itself through Europe. We must then look out for other expedients to prevent for ever an union equally dangerous to France, to Spain, and to all Europe. Marquis de Toroy to Lord BoLiNGBROKi. Versailles, March 20th, 1712. SIR; — The King's Plenipotentiaries receive new orders from His Majesty, to agree with the Bishop of Bristol and the Earl of Stafford, upon the conditions he can grant to the demands of Great Britain. As His Majesty cannot suppose your Plenipotentiaries have orders to exact such terms as would prove the ruin of the trade of his subjects, and of the navigation of his kingdom, so is he persuaded that these new concessions, both for Great Britain and for those powers whose interests she espouses, will promote the_ success of the negotiation. But in the meantime, sir, the King expects your plenipotentiaries will show less eagerness in the support ofthe demands of the House of Austria, of the States-General, and of many princes of the Empire, who only complain because they are urged so to do by the enemies to the peace. The most effectual way to promote it is for the Queen of Great Britain also to send new directions to her Ministers at Utrecht, to act in future more in concert with the King's Plenipotentiaries. Suffer me again to entreat your best exertions for so great a blessing, and do me the justice to believe that I am, etc. De Torcy. Versailles, March 28th, 1712. Sir, — However great the pleasure I have in receiving the honour of your letters, I shall be no longer uneasy at their delay, finding ,by your last that the period of your silence is employed so usefully towards the success of that important business which I hope you will conduct to a fortunate conclusion. Monsieur Gaultier has given me an account of aU the measures you have taken to promote it. He goes to Utrecht, where I judge his presence necessary to strengthen the union and confidence between the King's and the British Pleni potentiaries. I hope the last orders given by Her Majesty to her Ministers, will establish this good understanding upon solid grounds, and that you wUl finish what remains to the glory ofthe Queen your Mistress De Torcy. From the Report of the French Plenipotentiaries to the King, April 18, 1712. We have made every possible effort to regain Acadia, or at least to retain Newfound land ; but it has been impossible for us to conclude the matter. They (the English Pleni potentaries), have protested a hundred times that they had express orders to break off the negotiations rather than to give way on either point, or upon that of Hudson's Bay, where they claim even the cannon. We should not have taken their word for this if le Sieur Gaultier had not confirmed what they said. Count de Pontchartrain remarked on the project of the English, that it would have to be considered whether the savages were subjects. If so, they could not pass the limits that would afterwards be fixed ; if not, there would be no right to make any rule regarding them. Lord Bolingbroke agreed to prohibit the subjeots of France and England from passing over the boundary when it had once been established. NEGOTIATIONS FOR THE PEACE OF UTRECHT. 149 Lord Bolingbroke to Marquis de Torcy. — Memorial concerning North America. To terminate all existing disputes concerning North America, the Queen proposes : — First— That His Most Christian Majesty do cede to her the Island of Newfoundland, with Placentia, and the fortifications, artillery, and ammunition thereto belonging; the adjacent small islands nearest to the Island of Newfoundland ; as also Nova Scotia or Acadia, accord-. ing to its ancient boundaries. Secondly. — That the subjects of His Most Christian Majesty may continue to fish and dry their fish, on that part ofNewfoundland which is called the Petit Nord, but upon no other part whatever. Thirdly. — That the subjects of His Most Christian Majesty may possess, in common with those of the Queen, the Island of Cape Breton. Fourthly. — That the islands in the Gulf of St. Lawrence, and in the mouth of the river of that name, which are now occupied by the French, remain to His Most Christian Ma jesty ; but upon this express condition, that his said Majesty do engage, neither to build or suffer to be built, any fortifications upon those islands or upon those of Cape Breton. Her Majesty the Queen, engaging also not to fortify or suffer to be fortified, the islands adjacent and nearest to Newfoundland, or those of Cape Breton. Fifthly. — The Queen insists to have the guns and ammunition in all the forts and places in' Hudson's Bay and Straits [Here follow articles concerning commerce, and concerning the suspension of arms.] Whitehall, May 24, 0. S., 1712. The King's Answer to the Memorial sent from London, May 24, 0. S., June 5, N. S. — Sent to Lord Bolingbroke by Marquis De Torcy. Article 1. — His Majesty consents to cede to the Queen of Great Britain, the island of Newfoundland, with the town of Placentia, fortified ; but the artillery and ammunition in this place shall be withdrawn, and not comprehended in the cession of that place and island, as not being attached to either ; and, to use a common comparison, the ammuni tion and artillery of a place may be considered as the furniture of a house which the in dividual takes away with him, when by voluntary agreement he gives up the house. The isles adjacent to Newfoundland were neither demanded nor promised in the articles signed at London in October last. As these have been from the beginning considered as the basis of the present negotiations, the King's intention is to comply with them exactly, as the most sure method of arriving at a conclusive treaty ; and His Majesty is persuaded, that the Queen of Great Britain, true to her word, will not insist upon a new demand, and which cannot be found in the agreement signed in her name. The King will add to that agreement the cession of Acadia, according to its ancient boundaries, as demanded by the Queen of Great Britain. ¦Secondly. — The articles signed at London, reserve to the King's subjects, the right to fish and dry their cod upon the island of Newfoundland ; an arrangement which both sides have agreed to, cannot be restricted nor altered but by mutual agreement for their common advantage. Upon this plan, His Majesty offers to England, to give up the artillery and ammunition of Placentia, the isles adjacent to Newfoundland, to forbid his subjects the liberty of fishing and drying cod on the coast of that island, even the district called the Petit Nord ; to add to these conditions the cession of the islands of St. Martin and St. Bartholomew, close to that of St. Christopher, on condition that the Queen of Great Britain do consent to restore Acadia, of which the river St. George is in future to be the boundary, as the English formerly required. It is then submitted to the choice of the Queen of Great Britain, either to abide by the articles signed at London, or to accept the exchange proposed by His Majesty. In the latter case, His Majesty would promote, by every means in his power, the settlement of the business relating to the ransom of Nevis to the satisfaction of Great Britain. 150 NEGOTIATIONS FOB THE PEACE OF UTRECHT. Thirdly. — As one of the chief advantages of the peace will be if it pleases God, the good understanding, which the King proposes to establish between his subjects and those of the Queen of Great Britain, everything which can disturb that happy union should be removed ; experience has too well proved, how impossible it was to preserve it in places inhabited in common by French and English ; this reason alone would therefore be sufficient to prevent His Majesty's consent to the proposal of permitting the English to possess Cape Breton with the French. But a consideration of still greater importance may, be urged against the proposition, and as it too often occurs, that nations, the most friendly to each other, become enemies, it is a point of prudence that the King should retain possession of the only island, that can in future keep the river St. Lawrence open to him. It would be absolutely shut to his ships, if, while the English are masters of Acadia and Newfoundland, they should also be in possession of Cape Breton in common with the French ; and Canada would be lost to France, as soon as any event should Occur to rekindle the war between the two nations, which God long forbid! But the surest method to prevent it, is frequently to call to mind that it may happen. • Fourthly. — We should not dissemble that it is for the same reason, that the King will reserve to himself the liberty natural and general among all sovereigns, to erect in the islands of the Gulf and River of St. Lawrence as well as in Cape Breton, such forti fications as his Majesty shall judge necessary. These works, intended solely for the security of the country, can never be of prejudice to the neighbouring islands and pro vinces. It is just that the Queen of Great Britain should have the same liberty of fortify ing where she may judge it necessary, whether in Acadia or in Newfoundland ; and upon this article the King does not pretend to demand anything contrary to the rights which property and possession naturally give to the Princess. . Fifthly. — From his particular regard for the Queen of Great Britain, the King wUl leave to her the artillery and ammunition in the forts and places in Hudson's Bay and Straits, notwithstanding the urgent reasons His Majesty has to withdraw them, and to appropriate them elsewhere [Here follow articles relating to commerce and the suspension of arms.] Marli, June 10th, N. S., 1712. Bolingbroke to Monsieur de Torcy. Whitehall, Nov. O.S., 1712. I have examined the projects of treaty drawn up by the Plenipotentiaries of the King as well as by those of the Queen, and I do not find any great difference except in two articles — that on North America and that on Commerce. I do not desire to enter into this detail ; it would be too long an affair and too long a discussion, and instead of writing you a letter I should send you a book. Mr. Prior will discuss these points with you, and I confine myself to praying you to agree with him upon some expedient, in order that the Ministers at Utrecht, having no subject of dispute, may unanimously entertain pacific sentiments. Marquis de Torcy to Lord Bolingbroke. Dec. 29th, 1712. In the name of God, sir, order your Plenipotentiaries to he less excellent grammarians. Ours, who also^ understand the force of Latin expressions, are out of patience when they see difficulties, which have been long adjusted, started again, and the difference between cession and restitution, and the meaning of those terms. In truth, sir, such questions ought not to be the amusement of honourable men. They are at best excusable only^to those to whom we may apply amantium irce. Finish these disputes, which, if they continue longer, will only profit our enemies. NEGOTIATIONS FOR THE PEACE OF UTRECHT. 151 Lord Bolingbroke to Marquis de Torcy. 7th January, O.S., 171f. There are certain things which derive their consequence purely from being disputed ; the difference between the expressions cedendis and restituendis, between assumpsit and usur- pavit or arrogavit is not very essential ; the mind was, however, not a little heated in the dis pute, and it required some trouble to convince certain people that the matter was not worthy of attention. Memorial from M. de Torcy for Mr. Prior. Received 7th January, 171§. The 9th (10th) article of the plan imports, that the King shall give up to the Queen of Great Britain, Hudson's Bay, &c, in the manner they are now possessed by the King and the French. The Plenipotentiaries of Great Britain insist that it shall be expressed that France shall restore not only what has been taken from the English, but also all that England has < ver possessed in that quarter. This new clause differs from the plan, and would be a source of perpetual difficulties ; but to avoid them, the King has sent to his Plenipotentiaries the same map of North America as had been furnished by the Plenipotentiaries of Great Britain. His Majesty has caused to be drawn upon this map a line which describes the boundaries in such a manner as he has reason to think they easily may agree [upon] this point on both sides. If, however, there should be any obstacle which the Plenipotentiaries cannot remove, the decision must be referred to Commissaries to be named for the adjustment of the boundaries of America. The same article says that the King's subjects shall be at liberty to depart from their lands, in places ceded by his Majesty to the Crown of Great Britain, to arry with them their goods and moveables, and to go wherever they please by sea or land. The Plenipoten tiaries of France have also reserved to them the right of disposing of their immoveable effects in the space of three years. ....... The Plenipotentiaries of Great Britain agree to one year Under the name of places ceded they include Acadia and the Island of St. Christopher. Under the name of places restored, Hudson's Bay and Straits, and the Island of Newfoundland. Upon Article 10 (11) the Plenipotentiaries of France demand that the English, obtain ing the right to prefer their complaints of loss sustained in Hudson's Bay before the Com missaries, the King's subjects should have the same right with regard to the business at Nevis and Gambia. This mutuality, which the Plenipotentiaries of Great Britain have not yet been willing to grant, seems just. The English shall have the same liberty to represent their losses at Montserrat, and to solicit a reparation, which shall be granted to them. The Duke of Shrewsbury to Lord Bolingbroke. Paris, February, 22, 1713, N. S. In the Treaty of Peace, they [the French King and M. de Torcy] said there still re mained two difficulties : one is about the immoveable estates to be disposed of in the places -which France is to yield up or restore, which we thought was adjusted by the paper sent by Mr. Prior, January 19th, and which you have likewise herein enclosed ; it certainly is so as to Hudson's Bay in particular. Monsieur de Torcy says that, as far as he knows, the whole affair stands at Utrecht in the manner as this enclosed paper specifies. The Plenipotentiaries of Great Britain had hitherto made a distinction between places ceded by the King to the Queen of Great Britain, and the places which they denominated restored. Under the name of places restored they included Hudson's Bay and Straits, and the island of Newfoundland. They agreed to allow the French settled in places ceded, the 152 NEGOTIATIONS FOR THE PEACE OF UTRECHT. liberty to sell their immoveable effects, but insisted that the same liberty ought not to be allowed in places restored, upon a plea that such effects were taken from the English, who had a right to have them restored. The Plenipotentiaries now make no distinction between places ceded and places restored, though the same expression remains in Article 14. Memoire de Monsieur de Torcy touchant les bona immobilia. [This paper, without date, is communicated by the Earl of Shrewsbury to Lord Bolingbroke, from, VenailU?' March 8, 1713, N. S.] The King consented to leave to Commissaries, to be named after the peace, authority to give possession to the English who should prove that they were proprietors, or the heirs of proprietors, of those who possessed such property in Hudson's Bay. [The instruction of the English Commissioners, C. Whitworth, J. Murray, Esq., Jos. Martin, Knt., and Frederick Heme, Esq., appointed under the 9th Article of the Treaty of Navigation and Commerce, concluded at Utrecht, 31st March, 171 ly were dated February 15, 1713-4. On the 15th May the French Commissioners stated they had no authority to treat of Hudson's Bay.] Bolingbroke to the Duke of Shrewsbury. May 29, 1713. In Monsieur de Pontchartrain's letter to the Marquis de* Vaudreuil, the latter is directed to yield the forts and settlements belonging to the Hudson's Bay Company. This order, my Lord, the merchants are afraid will not answer their ends. They are dispatching two ships to the Bay, which being at a considerable distance from Quebec, where the Marquis de Vaudreuil resides, the French who are in possession of the forts on the Bay may either be ignorant, or pretend ignorance, of His Most Christian Majesty's orders, may refuse to evacuate these places, and the season may by consequence be lost, which your Grace knows continues in these northern seas but a very few months. The merchants therefore desire, and Her Majesty would have your Grace endeavour to obtain, eithet direet orders to the commanders in these places, or authentic duplicates of the orders sent to the Marquis of Vaudreuil, which may be put into the hands of the officer appointed to go to the Bay of Hudson, and to take possession of the places the French are to evacuate. The Duke of Shrewsbury to Lord Bolingbroke. Paris, June 23, 1713, N. S. Concerning the letters which this Court sends to the French Governor of the forts in Hudson's Bay, which your Lordship desires to be transmitted to you, in order to their being sent thither more immediately by the two ships which we dispatched thither, Mr. Prior 'has spoken to Monsieur Pontchartrain, who promises that your Lordship shall have such letters ; but as you say that M. Nicholson will have Her Majesty's orders to give the French subjects the liberty of selling their immoveable estates, Monsieur Pontchartrain desires that authentic copies of such orders may be sent hither, or delivered to the Duke d'Aumont. Their Hudson's Bay Company have some moveable effects upon the place, for which they are now sending, and they hope they will find no opposition there on our part to their so doing. NEGOTIATIONS FOR THE PEACE OF UTRECHT. 15$ From the Memoirs of the Marquis de Torcy.* His Majesty gave orders to Mesnager to add to the cession of Newfoundland, that of the Bay and Strait of Hudson ; and in 6rder to show the Queen of Great Britain and her Ministers the desire which he had to facilitate their intentions, he permitted Mesnager, by a private clause, separate from the Memoir to remit to the general negotiation of the peace the entire discussion on the article of North America. . . . On the morrow of the second conference, Saint John, on his return from Windsor to London, notified Mesnager that he was awaiting him at Prior's house The Queen with her council had resolved not to dwell on (s'arreter) the observations made on some expressions of the King that appeared ambiguous. The Secretary of State said the desire for peace had obtained the ascendency in the mind of his Royal mistress over every other consideration ; she only desired to change the term from North America (d'Amerique Septentrionale), and confined herself to demanding that this part of America shoukTbe designated by the expression America on the North Sea (d'Amerique sur la merdu Nord.) The difficulty of leaving to the French the right of fishing and drying fish on the shores of Newfoundland was raised ; the Queen gave her consent. Mesnager was too wise to contest the change of term which this princess desired : thus he and St. John were equally satisfied. Memorial concerted with Marquis de Torcy, 19th January, 1713, and for warded to Lord Bolingbroke, by the Duke of Shrewsbury. The inhabitants of Hudson's Bay, subjects of the Queen of Great Britain, who have been disposessed of their lands by France, in time of peace, shall be entirely and immediate ly after the ratification of the treaty, restored to the possession of their said lands ; and such proprietors shall also have a just and reasonable satisfaction for the losses they have suffered, with respect to their goods, moveables, and effects ; which losses shall be settled by the judgment of Commissaries, to be named for this purpose, and sworn to do justice to the parties interested. Prior to Bolingbroke, 8th January, n. s., 1713. As to the limits of Hudson's Bay, and what the ministry here seem to apprehend, at least in virtue of the general expression, tout ce que VAngleterre a jamais possedi de ce cotf la (which they assert to be wholly new, and which I think is really so, since our Pleni potentiaries make no mention of it), may give us occasion to encroach at any time upon their dominions in Canada, I have answered, that since, according to the carte which came from our Plenipotentiaries, marked with the extent of .what was thought our dominion, and returned by the French with what they judged the extent of theirs, there- was no very great difference, and that the parties who determine that difference, must be guided by the same carte, I thought the article would admit no dispute. In case it be either determined immediately by the Plenipotentiaries or referred to commissioners, I take leave to add to your Lordship that these limitations are no otherwise advantageous- or prejudicial to Great Britain than as we are better or worse with the native Indians, and that the whole is a matter rather of industry than dominion. If there be any real difference between restitution and cession, queritw ? Yet since, in either case^ the right. of the inhabitant as to transferring his goods and effects, or disposing of his person and family is always provided for in treaty, I leave it to your Lordship's better judgment if a- fixed time in either case (suppose eighteen months or two years), does not put the sub ject, who is tp have the benefit which restitution or cession grants him, upon a more equal foot, &c. * By Messieurs A. Petitot and Monmerique. T. II., pp. 54, 64. 154 NEGOTIATIONS FOR THE CESSION OF CANADA, 1761. NEGOTIATIONS FOR THE CESSION OF CANADA, 1761. Memorial of French Propositions, 15th of July, 1761. i I. The King cedes and guarantees Canada to the King of England, such as it has )}een, and in right ought to be possessed by France, without restriction, and without the liberty of returning upon any pretence whatever against this cession or guaranty, and with out interrupting the Crown of England in the entire possession of Canada. II. The King, in making over his full right of Sovereignty over Canada to the King of England, annexes four conditions to the cession : First. — That the free exercise of the Roman Catholic religion shaU be maintained there, and that the King of England will give the most precise and effectual orders that his new Roman Catholic subjects may, as heretofore, make public profession of their re ligion, according to the rites of the Roman Church. Secondly. — That the French inhabitants or others, who have been subjects of the King in Canada, may retire into the French colonies with all possible freedom and security ; that they may be allowed to sell their effects and to transport their property as well as their persons, without being restrained in their emigration, on any pretence whatever (ex cept for debt) ; and the English Qovernmentvshall engage to procure them the means of transportation at as little expense as possible. Thirdly — That the limits of Canada, with regard to Louisiana, shall be clearly and firmly established, as well as those of Louisiana and Virginia, in such manner that after the execution of peace there may be no more difficulties between the two nations, on the interpretation of the limits relative to Canada, or the other possessions of England. [N.B. — M. Bussy has a memorial on the subject of the limits of Louisiana, which gives him power to come to a final treaty on that article with the Ministry of his Britannic Majesty.*] Fourthly. — That the liberty of fishing, and of drying their codfish may, on the banks of Newfoundland, be confirmed to the French as heretofore ; and as this confirmation would be illusory if French vessels had not a shelter in those parts appertaining to their nation in these countries, the King of Great Britain, in consideration of the guaranty of his new conquests, shall restore Isle Royal, or Cape Breton, to be enjoyed by France in entire sovereignty. It is agreed to fix a value on this restitution, that France shall not, under any denomination whatever, erect any fortifications on the island, and shall confine herself to maintaining a civil establishment there, and the port for the convenience of the .fishing vessels landing there. Private Memorial of France, of July 15, 1761, Relating to Spain. [The Due de Choiseul proposes that Spain should be invited to guarantee the future Treaty of Peace. And he says : — ] The King will not disguise from His Majesty, that the differences of Spain with England fill him with apprehensions, and give him room to fear that, if they are not adjusted, they will occasion a fresh war in Europe and Amerioa. The King of Spain has communicated to His Majesty the three Articles which remain to be discussed between his Crown and the Crown of Britain, which are : 1. The restitution of some oaptures which have been made during the present war upon the Spanish Flag. 2. The privilege for the Spanish nation to fish upon the Banks of Newfoundland. 3. The demolition of the English settlements made upon the Spanish territories in the Bay of Honduras. * Note by the Due de Choiseul. NEGOTIATIONS FOR THE CESSION OF CANADA, 1761. 155 From M. Bussy's Note to Mr. Pitt. Since the Memorial of the Propositions from France was formed, and at the instant that the courier was ready to set out for London, the King received the consent ofthe Empress- Queen to a separate peace with England, but upon two conditions : 1. To keep possession of the countries belonging to the King of Prussia^ 2. That it shall be stipulated that the King of Great Britain, neither in his capacity of King or Elector, shall afford any succour, either in troops or of any kind whatever, to the King of Prussia ; and that His Britannic Majesty will undertake that the Hanoverian, Hessian, Brunswickian and other auxiliaries in alliance with Hanover, shall not join the forces of the King of Prussia, in like manner as France shall engage on her part not to yield succour of any kind to the Empress-Queen nor her allies. Both these conditions appear so natural and equitable in themselves, that His Majesty could not do otherwise than acquiesce in them, and he hopes that the King of Great Britain will be ready to adopt them. From Mr. Pitt's Letter to M. Bussy. July 24, 1761. It is my duty to declare further to you in plain terms, in the name of His Majesty, that he will not suffer the disputes with Spain to be blended in any manner whatever in the nego tiation of peace between the two4 Crowns ; to which 1 must add, that it will be considered an affront to His Majesty's dignity, and as a thing incompatible with the sincerity of the nego tiation, to make further mention of such a circumstance. Moreover, it is expected that France will not at any time presume a right of inter meddling in such disputes between Great Britain and Spain. These considerations, so just and indispensable, have determined His Majesty to order me to return you the Memorial which occasions this, as wholly inadmissible. I likewise return you, Sir, as totally inadmissible, the Memorial relative to the King of Prussia, as implying an attempt upon the honour of Great Britain, and the fidelity with which His Majesty will always fulfil his engagements with his allies. British Answer to Memorial of French Propositions. [On the 27th of July, 1761, the answer ofthe British Court to the memorial of French propositions was forwarded to Mr. Hans Stanley, the English Envoy at Paris. The first two relate to Canada.] 1. His Britannic Majesty will never recede from the entire and total cession, on the part of France, without any new limits, or any exception whatever, of all Canada with its appur tenances ; and His Majesty will never relax, with regard to the full and complete cession on the part of France, of the Isle of Cape Breton, and of the other islands in the Gulf and River of St. Lawrence, with the right of fishing which is inseparably incident to the possession of the aforesaid coasts, and of the canals or straits which lead to them. 2. With respect to fixing the limits of Louisiana with regard to Canada, or the English possessions situate on the Ohio, as also on the coast of Virginia, it never can be "allowed that whatever does not belong to Canada shall appertain to Louisiana, nor that the boundaries of the last Province shall extend to Virginia, or to the British possessions on the borders of the Ohio ; the nations and countries which lie intermediate, and which form the true barriers between the aforesaid Provinces, not being proper, on any account, to be directly or by necessary consequence ceded to France, even admitting them to be included in the limits of Louisiana. * * * 10. The demand of the restitution of the captures at sea before the declaration of war cannot be admitted, such a claim not being founded on any particular convention, and by no 156 NEGOTIATIONS FOR THE CESSION OF CANADA, 1761. means resulting from the law of nations, as there is no principle more incontestable than this, viz., that the absolute right of all hostile operations does not result from a formal declaration of the war, but from the hostilities which the aggressor had first offered. From the Ultimatum of France in Reply to England, August 6, 1761, Re mitted to the Duo de Choiseul by Mr. Stanley. The King renews the declaration which he made to His Britannic Majesty, to the Memorial of Propositions for Peace, which has been transmitted to Mr. Stanley, and to which the Court of England has given no answer, either by word of mouth or in writing. His Majesty again declares that if the negotiation entered into at London and Paris for the re- establishment of peace between the two Crowns, has not the desired success, all the articles agreed to in that negotiation by France cannot be represented, on any occasion, as settled points, any more than the Memorial of the month of March-last, relative to the Uti possidetis. I. The King consents to cede Canada to England in the most extensive form, as speci fied in the Memorial of Propositions, but His Majesty will not recede from the conditions which he has annexed to the said Memorial, relative to the Catholic religion, and to the power, facility, and liberty of emigration for the ancient subjects of the King. With regard to the Fishery in the Gulf of St. Lawrence the King means to maintain the immemorial right which his subjects have of fishing in the said Gulf ; and of drying their fish on the banks of New foundland, as it was agreed by the Treaty of Utrecht. As this privilege would be granted in vain if the, French vessels had not some shelter appertaining to France in the Gulf, His Majesty proposed to the King of Great Britain the restitution of the Island of Cape Breton ; he again proposes either that Island or St. John [Prince Edward] or such other port without fortifications, in the Gulf, or within reach of the Gulf, which may serve the French as a shel ter, and secure to France the liberty of fishing, from whence his Majesty has no intention to recede. II. The King has, in no part of his Memorial of Propositions, affirmed that all which did not belong to Canada, appertained to Louisiana ; it is even difficult to conceive such an assertion could be advanced. France, on the contrary, demands that the intermediate nations between Canada and Louisiana, as also between Virginia and Louisiana, shall be con sidered as neutral nations, independent of the Sovereignty of the two Crowns, and serve as a barrier between them. If the English Minister would have attended to the instructions of M. Bussy on this subject, he would have seen that France agreed with England as to this proposition. Mr. Pitt to M. Bussy. August 15th, 1761. It belongs, Sir, to Europe to judge whether this is the Court which has shown an aversion to peace, or whether it is not that which, after so many variations and de lays on her part, arbitrarily continues to insist ou objects in America which we have a right to by the Uti possidetis, and which would make a direct attempt on the essential right of our conquests in Canada and its appurtenances in the Gulf of St. Lawrence, which, in Germany, not only refuses to give up her conquests, gained over His Majesty's allies, as a just compen sation for the important restitutions with which His Majesty is willing to accommodate France, but even pretends to impose an obligation on His Majesty not to fulfil the engage ments of his Crown towards the King of Prussia ; whioh, moreover, not satisfied with throw ing so many obstaoles in the way of peace, has not scrupled to interpose new perplexities in opposition to this precious blessing, for which the nation sighs, by intermixing, too late, mat ters so foreign to the present negotiation between the two Crowns as the discussions between Great Britain and Spain. NEGOTIATIONS FOR THE CESSION OF CANADA, 1761. 157 From the Answer of the British Minister to the Ultimatum of France, de livered to M. Bussy. August 16th, 1761. His most Christian Majesty having repeatedly declared, in the ultimatum of the Court of France, remitted to Mr. Pitt by M. Bussy, as well as in the Memorial of the Propositions of Peace, which was remitted by the Duke de Choiseul to Mr. Stanley, that if the negotia tion entered into between the two Crowns has not the desired effect, all the articles conceded in that negotiation by France cannot be considered in any case as points agreed upon, any more than the memorial of the month of March last, in relation to the Uti possidetis. The King declares, in return, that if the concessions His Majesty has made to bring about peace shall not be accepted by his Most Christian Majesty, the important restitutions offered to France, as well as the other circumstances hereinafter expressed, cannot for the future be considered as given up. Article I. — The King will not desert his claim to the entire and total cession of all Canada and its dependencies, without any limits or exceptions whatever ; and likewise insists on the complete cession of the Island of Cape Breton, and of other islands in the Gulf and River St. Lawrence. Canada, according to the lines of its limits traced by the Marquis de Vaudreuil himself, when that Governor surrendered, the said Province by capitulation to the British General, Sir J. Amherst, comprehends on one side the Lakes Huron, Michigan, and Superior ; and the said line drawn to Red Lake takes in, by a serpentine progress, the River Ouabachi [Wabash], as far as its junction with the Ohio, and from thence extends itself along the latter river as far, inclusively, as its influx into the Mississippi. It is in conformity to this state of the limits made by the French Governor,, that the King claims the cession of Canada ; a Province which the Court of France, moreover, has offered anew by their ultimatum to cede to His Britannic Majesty, in the most ex tensive manner, as expressed in the Memorial of Propositions of Peace of 1 3th July. As to what concerns the public profession and exercise of the Roman Catholic religion in Canada, the new subjects of His Britannic Majesty shall be maintained in that privilege without interruption or molestation ; and the French inhabitants or others, who may have been subjects of the most Christian King in Canada, shall have full power and liberty to sell their effects, provided they dispose of them to the subjects of His Britannic Majesty, and to transport their property, as well as their persons, without being restrained from their emigEation, under any pretence whatever (unless in case of debt, or for a breach of criminal laws) ; it being always understood that the time granted for the said emigra tion shall be limited to the space of one year, to be computed from the day of the ratifica-. tion of the Definitive Treaty. Article II. — As to what respects the line to be drawn from Rio-Perdido, as con tained in the note remitted by M. Bussy, of the 18th of this month, with regard to the limits of Louisiana, His Majesty is obliged to reject so unexpected a proposition, as ,by no means admissible in two respects. 1. Because the said line, under colour of fixing the limits of Louisiana, annexes vast countries to that Province, which, with the commanding posts and forts, the Marquis de Vaudreuil has, by the most solemn capitulation, incontestably yielded into the possession ¦of His Britannic Majesty, under the description of Canada, and that consequently, how ever contentious the pretentions of the two crowns may have been before the war, and particularly with respect to the course of the Ohio, and the territories in that part, since the surrender of Canada, and the line of its limits has been traced, as aforesaid, by the Marquis de Vaudreuil, all those opposite titles are united, and become valid without •contradiction, to confirm to Great Britain, with all the rest of Canada, the possession of those countries on that part of Ohio which have hitherto been contested. 2. The line proposed to fix the bounds of Louisiana cannot be admitted, because it would compromise in another part, on the side of the Carolinas, very extensive countries 158 NEGOTIATIONS FOR THE CESSION OF CANADA, 1761. and numerous nations, who have always been reputed to be under the protection of the King, a right which His Majesty has no intention of renouncing ; and then the King, for the advantage of peace, might consent to leave the intermediate countries under the pro tection of Great Britain, and particularly the Cherokees, the Creeks, the Chicasaws, the Chactaws, and another nation, situate between the British settlements and the Misissippi. Article IV. — The important privilege granted by the 13th Article of the Treaty of Utrecht, under certain limitations and restrictions, to the subjects of France, for fishing • and drying their cod fish on a certain part of the Banks of Newfoundland, has not been refused by Great Britain, but connected with a reciprocal satisfaction on the part of France, with regard to the indispensable object of Dunkirk, which the King has required, and stiU requires : it is, therefore, on condition that the town and port of Dunkirk shall be put in the condition it ought to have been in by the last Treaty of Aix la Chapelle, that His Majesty consents to renew to France the privilege of fishing and of drying their fish, by virtue of the Treaty of Utrecht, upon the aforesaid district of Newfoundland. H. Stanley. From the last Memorial of France to England, Dated September 9, Deliv ered to Mr. Pitt by M. Bussy, Sept. 13, 1761. The King accepts the declaration of the King of England contained in the preamble of the answer, and renews that which he before made to his Majesty on this head, in such manner that it is concluded between the two Courts finally and without ambiguity, that if peace is not the result of the present negotiation, all that has been said, written and negotiated between the two Crowns, since the memorial of the 26th March inclusive, to the moment of the rupture, shall be void and of no effect, and shall not be brought as an argument in favour of either of the parties in any future negotiation of peace. Article I. — The King has declared in his first memorial of propositions, and in his ultimatum, that he will cede and guarantee to England the possession of Canada, in the most ample manner. His Majesty still persists in that offer, and without discussing the line of its limits marked on a map presented by Mr. Stanley, — as that line, on which England rests its demands, is without doubt the most extensive bound which can be given to the cession, — the King is willing to grant it. His Majesty had annexed four conditions to his guaranty : it seems that England agrees to them : only the King conceives that the term of one year for the sale of the French effects and for emigration is too short, and his Majesty desires that it may be agreed to extend the term of one year to eighteen months at least. ¦ As the Cour£ of England has added to the first article of its answer to the entire and total cession of Canada, as agreed between the two Courts, the word dependencies, it is neces sary that she should give a specific explanation of this word, that the cession might not in the end occasion difficulties between the two Courts with regard to what she understands by the word " dependencies." Article II. — The first paragraph, with regard to the limits of Louisiana, contained in the second article of the answer from England, is agreed to by France. The second para graph is neither just nor explicit, and it is finally proposed to express it in the following terms : — The intermediate savage nations between the lakes and tlie Mississippi, and within the line traced out, shall be neuter and independent, under the protection ofthe King, and those without the line, on the side of the English, shall likewise be neuter and independent, under the protection of England. The English traders also shall be prohibited from going among the savage nations beyond the line, on either side ; but the said nations shall not be restrained in their freedom of commerce with the French and English, as they have exercised it heretofore. NEGOTIATIONS FOR THE CESSION OF CANADA, 1761. 159 Article IV. — . . . England always endeavours to connect the liberty of fishing and drying codfish on part ofthe coast of Newfoundland, granted by the fifteenth article of the Treaty of Utrecht, with the ninth article of the same Treaty, which stipulates the demo lition of Dunkirk. It is given in answer to England for the fourth and last time that the two stipulations of the Treaty of Utrecht have nothing in common between them, unless that they are both comprised in the said Treaty ; and that the concession expressed in favour of the. French in the thirteenth article of that Treaty, is a compensation for the cession of Newfoundland and Annapolis Royal, made on the part of France to England by the twelfth and thirteenth articles of the same Treaty. M. de Vaudreuil to the Due de Choiseul. October 30, 1761. My Lord, — I was astonished to see, by the historical account of the Memorial ofthe negotiations between France and England, what I am charged with by the English, with regard to the limits of Canada, as it is entirely false and groundless. I shall give your Grace a true account of what passed between Mr. Amherst and me on that head. When I capitulated, I traced no limits whatever, and in all the messages that passed between the English General and me, I made use of the word " Canada" only. Eight or ten days after the surrender of the country, he sent an officer to me for maps, to inform him of the extent of the colony. I returned for answer, that I had none, my maps having been taken away with my baggage at Quebec, in breach of the capitulation of that place ; and the officer then showing me a map which he had in his hand, I told him the limits marked on it were not just, and verbaUy mentioned others, extending Louisiana on one side, to the carrying place of the Miamis, whioh is the height of the lands whose rivers run into the Ouabache , and on the other, to the head waters of the Illinois. What I have the honour to tell ydu, my lord, is strictly true ; I am not afraid that the English can produce any proof of the contrary- — for nothing passed in writing, on this head, nor was any line drawn on any map. I take the first opportunity to acquaint you with this, to prevent any further imposition. Dumas' Memoir on the Boundaries of Canada, 1761.* 'Tis supposed that the Plenipotentiaries named for the future Congress, are incapable of adopting the frivolous ideas entertained in France respecting our possessions in Canada ; statesmen have notions different from the simple vulgar. The French are too volatile and too superficial to trouble themselves about the future ; but ministers, whom wisdom has- selected and ability directs, will of themselves observe that the interests of commerce, the progress of navigation, the good. of the State, and the King's glory necessarily require that the restitution of Canada be laid down as a preliminary in the Treaty of Peace. In more favourable conjunctures, we would be justified in demanding of the English, damages corresponding to the enormous depredation of our marine, as well commercial as national ; but the circumstances which will exist at the conclusion of the peace are to decide the sacrifices we shall be obliged to make, or the advantages which are possibly to result therefrom. Commerce has changed the face of Europe ; it is now evident that, in the long run, the more commercial nation will become the more powerful. We can no longer dispense with America, without falling sensibly from our state of Bplendour. On the restitution of Canada depends the fate of the rest of our colonies. * Paris Documents, XVII., p. 1134. This document seems to have governed the conduct of the Due de Choiseul in his proposition first made to Mr. Pitt, and is appended as serving to elucidate the foregoing correspondence. 160 NEGOTIATIONS FOR THE CESSION OF CANADA, 1761. These principles, olearer than the day, once admitted, that restitution ought to form the basis and foundation of the Treaty of Peace. But wiU the work of our ministers be durable ? For want of local knowledge, will they be in a condition to manage beneficially the interests of the king and nation in this regard ? Will they prevent the subterfuges in which English trickery will not fail to envelop them ? If the English desire peace, do they desire it to be lasting ? Will they renounce that system of maritime despotism which constitutes the, sole object of their policy ? Will they not pre serve a constant hankering to render themselves masters of the whole of America ? And will they not allow it to appear when we shall be least on our guard ? Incapable of accomplishing that project now, in consequence of the exhaustion of their finances, will they not renew it at another time ? In front of an enemy so active, so ambitious, so enterprising, conjectures are as good as demonstrations ; the past cannot render us too cautious for the future. By a fatality which cannot be comprehended, the English were better acquainted than we were before the war with the topographical map of our possessions. Aided by similar help, what advantage do they not possess to cheat us ? To this object, then, should be directed all the prudence and sagacity of our Plenipotentiaries. Boundaries. I limit their labours, respecting Canada, to four general objects : 1st. The entire property of both shores of the River and Gulf of St. Lawrence. 2nd. The property of the lakes and rivers which form the natural communication be tween Canada and Louisiana ; they consist of Lake Ontario, Lake Erie, and the Ohio. 3rd. That neither of the two nations can form any estabUshments on the rivers water ing the possessions of the other. 4th. That both colonies shall exist and increase by population, without covering their frontiers with advanced posts, which is a principle of jealousy, suspicion, and distrust ; an occasion always at hand, or a pretext often specious, for a rupture between the two nations. „ As for the first article — to cede to the English, as they pretend, the entire peninsula of Acadia is to reduce ourselves evidently to a precarious possession. That peninsula is sus ceptible of an immense population ; its position is one of the most advantageous, both for the erection of fortifications, and of posts there ; solid settlements of every description can be formed there ; agriculture can be followed with the greatest success. In vain would France -flatter herself that she should preserve in peace the possessions of the mouth of the river, if the English obtained the entire cession of that peninsula. Already masters of Newfoundland, they should grant us the property of a country whereof they would guard the entrance. The peace will scarcely be signed, when the activity of that ambitious people wUl be re vived ; soon will they be seen establishing themselves on the north side of that peninsula, and neglecting the remainder, if necessary, in order to transport to that quarter aU their industry in favour of plantations. What service- would not the Plenipotentiaries be rendering the State if, by their abUity, they would induce the English to consent to a division of that peninsula, so that France should preserve the property of the northern part, from Cape Canso to Minas ? But if their zeal become useless, if EngUsh firmness leave no hope on that point, they ought to be prepared to rather break all conference, than to give up an inch of ground on that continent. 'Tis evident that our colony would lose thereby all communication with the metropolis ; we should no longer possess the free entranoe of the river, except so far as the English would think proper. The linos of demarcation which separate the respective posses sions on the map annexed to this memoir,* are drawn in accordance with the largest sacrifices that it is possible for France to make. 'Tis for the Plenipotentiaries to take advantage of favourable events.^ to obtain the best terms ; but in all possible reverses, 'twill be more advan tageous for the King and the State to renounce Canada, and consequently, Louisiana which cannot exist without it, than to cede an inch of territory beyond that division. The blue colour indicates the French possessions. The red indicates the English possessions. ' [The map is wanting. — Ed.] NEGOTIATIONS FOR THE CESSION OF CANADA, 1761. 161 The green, what can be ceded towards Hudson's Bay — should events require France to make further additional sacrifices. I have said, and repeat it, Louisiana cannot exist for us without Canada. But 'tis more advantageous for France promptly to cede these two colonies to the English, than to accept conditions worse than those indicated by the lines drawn on that map. On this hypothesis, let the river Pentagouet be the boundary of the English possessions on the continent, on the N. E., and let them be precluded from settling only the right bank. Let the River St. John bound the French settlements, and let them be precluded from settling only the left bank. The territory between these two rivers shall perpetually remain neutral arid undivided between both nations, as marked on the map by the yellow colour. The second object of the labour of our Plenipotentiaries relative to Canada, regards the communication of that colony with Louisiana. The projects of the English would be accompUshed beyond their hopes, were the freedom of that communication not stipulated and solidly established by the treaty of peace ; 'twould be separating two colonies, which can not sustain themselves except by their immediate affinity. Now that communication can occur only by the Ohio : by every other route it is very difficult, often even impracticable. 'Tis essential, then, to insist strongly on the entire possession of the Ohio. That river, navigable throughout all its course for very large craft, threatens Louisiana afar, and combines the advantage of distance in concealing preparations, with that of ex treme rapidity of current for promptitude of execution. To make the Ohio the boundary of the respective colonies, is to surrender it entirely to the English. In fact, already the English population is advancing towards that river ; it has only one step to take to clear the Apalachies, and that step would be taken on the day after the signing of the treaty. The left bank of the Ohio would be under English cultiva tion in less than four years, whilst our population would not reach that point in the space of a century. Who does not perceive in that explanation the approaching and inevitable fall of Louisiana ? The entire possession of the Ohio cannot, then, be too much insisted on, the Apalachies constituting the limits ; but if events were such as to force us to give way on that important article, the only middle course to adopt is marked on the map by the yellow colour, viz., to leave the course of that river neutral, unsettled, without ownership, free to both nations to convey on it their goods for moveable trade, with express reservation to France of the com munication between both those colonies. The possession of lakes Ontario and Erie, which are the continuation of that communi cation, is a point of the greatest interest to us, the rather as for want thereof, those lakes assure another passage by the Miamis and Ouabache rivers, more difficult, more uncertain, but which furnishes nevertheless a resource in times of misfortune. I admit that very favourable events would be required to reduce the English to abandon the south shore of Lake Ontario, of which they are a long time in possession, through Fort Chouequen — a possession usurped, but constant, and, as it were, unopposed : an empty protest by the French Government, when the first foundations of that post were laid, is the only contra diction they have experienced. If circumstances were such, on the conclusion of the peace, as that France had to make good its advantages, that would be the moment to protest against that usurpation. This important object merits the greatest attention of our Plenipotentiaries. It is suffi cient to consider the course of the waters to perceive that that lake commands the whole of Canada. General Amherst has found no route more certain for invasion ; the event has not over-justified his principles and mind. If, on the contrary, we are reduced to take back Canada in the same condition that we possessed it before the war, France might consent to confine its cultivated settlements to the north shore of Lake Ontario, leaving the south shore free from the Bay of Niaoure to the River Niagara. The English would preserve the freedom of conveying their merchandise for moveable trade to the mouth of the Chouequen river, and could extend themselves only to the Onondagan river on one side, and as far as the River a la Famine on the other. But nothing should make France give up the property of the soU, so that the free- 11 162 ¦ NEGOTIATIONS FOR THE CESSION OF CANADA, 1761. dom of trade granted to the English could not at any time invest them with a title thereto. Let their possessions be always confined to the heads of the rivers by which they are watered, and 'let the height of the land be constantly the limit between the two nations. The entire possession of Lake Erie ought to belong to France incontestably up to the head waters of the streams that empty into that lake on the south side ; the rivers flowing towards the Ohio are included in the neutrality proposed by that river. The third object proposed at the head of this Memoir will be rendered clearer by a brief reflection. The English are ten to our one in America. But if passing the height of lands, we should push our posts as far as the heads of the rivers which water the English colonies, all their superiority in numbers, means and resources would not guarantee them against an invasion when it should please us to attempt it. He who meditates an expedition, prepares it secretly, and when 'tis time to put it in execution, if he have in his favour the current of the stream, which conveys him with rapidity, he surprises his enemy and infallibly succeeds ; the same is not the case where the aggressor has to ascend the rivers, has portages to make, lakes to traverse, and mountains to pass. The immense preparations necessary to be made for that purpose discover the movement, and the slowness of the execution affords time to the menaced province to place itself in a state of defence. The English Colonies are in the latter position in respect to Canada, and Canada would be in the first relative to the English Colonies were the English to advance their settlements on Lake Qhamplain, Lake Ontario, or the Ohio. I am fully convinced, and every man of sense who is conversant with the manner in which war can be carried on in that country, will agree with me that all the resources of the State will never preserve Canada if the English are once settled at the head of our rivers. 'Tis, again, one of the conditions that must never be consented to. Should peace be con- eluded under favourable circumstances to France, I point out the only middle course to be adopted, which is the neutrality of certain districts ; such might Lake St. Sacrament be without prejudice to us, provided the English confine their settlements to the sources of the waters flowing into the River of Orange [the Hudson]. Come we now to the fourth principle : — I know nothing more useless in that country than forts to cover the frontiers ; they are equally a burden to both nations, which have an equal interest in demolishing them ; they are, in time of peace, a source of useless expense, and experience has demonstrated that, in time of war they would be good for nothing. These frontier posts are adapted only to cre ate difficulties, to afford umbrage, and sometimes furnish pretexts for a rupture. They would favour that nation which would preserve the desire to seize the posses sions of the other. By aid of the stand-points, it would pounce on its enemy when least expected, whilst every considerable enterprise becomes more difficult, more tedious were they no longer in existence. If entrepdts must be established, the step forward is a crv " to arms ! The French Plenipotentiaries will labour usefully for that Colony, and more profit ably stiU for the Royal Treasury, if they agree with the British Ministers on not pre serving any post on the frontiers on either side ; thus Chouequen and Niagara will be demolished. That does not exclude useful settlements in the interior of the possessions, either re latively to trade or otherwise, which each nation is to be at liberty to direct, according to its interests, but merely on what is called frontier, an outlet which may tend to supply means of an invasion. To place matters at the worst, if the fortune of war be unfavourable to France this campaign, and peace be concluded in an unpropitious moment for us : If, in order to obtain the conditions I propose, we be under the necessity of makino- new sacrifices in any part of Canada, the least dangerous for us would be to allow more extent to the English possessions in the direction of Hudson's Bay. Let us cede to them the whole of Lake Superior, rather than one inch of territory in the south part, at this side NEGOTIATIONS FOR THE CESSION OF CANADA, 1761. 163 the height of land or the Apalachies. That sacrifice which is to be made by France at the most critical moment, is marked by the green colour on the map. Anything beyond those lines of demarcation, and France must give up Canada, inas much as it is evident she cannot preserve it ; moreover, to maintain ourselves in that state, the Minister must essentially and constantly occupy himself therewith ; but above all things must men be carefully selected, to whom the Government, the Police and Finances are to be confided.. Otherwise we shall labour for our enemies. Canada, bathed in the blood of our un fortunate colonists, will soon be the appenadge of the English. Our clearances, our settle ments, our villages, will be so much fruit to be gathered by them when they have arrived at maturity. Let the height of land and the Apalachies be the limits between the two peoples. Nature appears to have marked them expressly. The caprice of man cannot change that barrier, always permanent, and always ready to protest against the usurper. People aspire to a factitious peace when they seek to establish it on arbitrary lines which the revolutions of time or the interests of men can destroy. 'Tis, perhaps, a fault into which have fallen our ablest negotiators, yet 'tis the most important object of a treaty of peace, since it destroys or foments the fatal germ which is the occasion of most wars. The height of land and the Apalachies once determined on as the line of separation between the two colonies, the modifications, the compromises I propose, neutralizing certain districts, may be admitted according as circumstances will be more or less favourable to Franoe, when peace will be concluded. One reflection more remains to be submitted, which, although not bearing directly on the boundaries, is, nevertheless, very intimately connected with them. Considering the enormous expense entailed on us by the service of Indians in the war, I have always thought that the King would maintain at much less expense in Canada, a per manent corps of troops, capable of defending it at all times ; and when I have weighed with reflection the utility of their assistance, I have found it to be only one of opinion and preju dice. But this prejudice is founded on the terror inspired by their cruelty and barbarity in their customs ; it consequently will preserve its power. This terror will be always very useful to the nation which will best be able to manage the alliance and attachment of those people. We possess one real advantage over the English in this regard ; let us carefully avoid doing it the smallest damage by any convention with our enemies which would cause the Indians to suspect our alliance and good faith. However simple and natural such an accord might be, the English would not fail to present it to the Indians in the light that would render it odious to them. These people are proud, jealous, suspicious, and vindictive ; an appearance of defection on our part, after all the blood they have poured out in our defence, would render these irreconcilable to us from generation to generation, and that would be the greatest of misfortunes for both our colonies. Our Plenipotentiaries ought to be distrustful on this point. I am fully convinced that the British Ministers will set snares for them on this point, which is of more importance for them in America than the gain of many battles. As for the rest, a Governor-General, instructed and attentive, will know how to maintain the aUiance of all the people of this continent, in peace as in war, without those enormous expenses which knavery conducts and ignorance tolerates. Dumas, Paris, 5th April, 1761. 164 henry's travels in Canada and the indian territories, 1761. X. (taabian €ntzx$nB£ m % %mi\-WLt%t after % (fomqtrort: 1701-1610. EXTRACTS FROM HENRY'S TRAVELS IN CANADA AND THE INDIAN TERRITORIES.* (1761.) Fort Michilimackinac was built by order of the Governor-General of Canada, and garrisoned with a small number of militia, who, having families, soon became less soldiers than settlers. Most of those whom I found in the fort had originally served in the French army. The fort stands on the south side of the strait which is between Lake Huron and Lake Michigan. It has an area of two acres, and is enclosed with pickets of cedar wood (Thaya occidentalis) ; and it is so near the water's edge, that, when the wind is in the west, the waves break against the stockade. On the bastions are two smaU pieces of brass English cannon, taken some years since by a party of Canadians who went on a plundering expedition against the posts of Hudson's Bay, which they reached by the route of the River Churchill. Within the stockade are thirty houses, neat in their appearance, and tolerably com modious ; and a church in which mass is celebrated by a Jesuit Missionary. The num ber of families may be nearly equal to that of houses; and their subsistence is derived from the Indian traders who assemble here in their voyages to and from Montreal. Michilimackinac is the place of deposit, and point of departure, between the Upper coun tries and the Lower. Here the outfits are prepared for the countries of Lake Michigan and the Missisipi, Lake Superior and the North- West, and here the returns in furs are collected and embarked for Montreal. Relieved as I now imagined myself from all occasion of anxiety as to the treatment which I was to experience from the Indians, I assorted my goods, and hired Canadian in terpreters and clerks, in whose care I was to send them into Lake Michigan and the River Saint Pierre, in the country of the Nadowessies [Sioux] ; into Lake Superior, among the Chippeways ; and to the Grand Portage, for the North- West. Everything was ready for the departure, when new dangers sprung up and threatened to overwhelm me. At the entrance of Lake Michigan, and at about twenty miles to the west of Fort Michilimackinac, is the Village of L'Arbre Croohe, inhabited by a band of Otawas, boast ing of two hundred and fifty fighting men. L'Arbre Croche, is the seat of the Jesuit Mission of St. Ignace de Michilimackinac, and the people are partly baptized and partly not. The Missionary resides on a farm attached to the Mission and situated between the village and the fort, both of which are under his care. At noon, three hundred troops, of the sixtieth regiment, under the command of Lieu tenant Leslie, marched into the fort ; and this arrival dissipated all our fears from whatever source derived. After a few days, detachments were sent into the Bay des Puans, by which is the rout to the Missisipi, and to the mouth of the St. Joseph, which leads to 'the Illinois. The Indians, from all quarters, came to pay their respects to the commandant • and the merchants despatched their canoes, though it was now the middle of September, and therefore somewhat late in the season. The Village of L'Arbre Croche supplies, as I have said, the maize, or Indian Corn with which the canoes are victualled. This species of grain is prepared for use by boiling it in a strong lye, after which the husk may be easily removed ; and it is next mashed and dried. * Travels and Adventures in Canada and the Indian Territories, between the years 1760 and 1776 in two parts, by Alexander Henry, Esq., pp. 39, 40, 46-7, 51-3, 58, 105, 186, 191-3, 195-6, 214. 218-19 237-8 244, 252-3, 255, 259-61, 264-5, 268, 272-3, 314, 317, 319-22, 327. ' ' HENRY'S TRAVELS IN CANADA AND THE INDIAN TERRITORIES, 1762-1765. 165 In this state it is soft and friable like rice. The allowance for each man on the voyage is a quart a day ; and a bushel with two pounds of prepared fat is reckoned to be a month's sub sistence. No other allowance is made of any kind ; not even of salt ; and bread is never thought of. The men, nevertheless, are healthy, and capable of performing their heavy labour. This mode of victualling is essential to the trade, which, being pursued at great distances, and in vessels so small as canoes, will not admit of the use of other food. If the men were to be supplied with bread and pork, the canoes could not carry a sufficiency for six months ; and the ordinary duration ofthe voyage is not less than fourteen. The difficulty which would belong to an attempt to reconcile anyother men than Canadians to this fare, seems to secure to them and their employers a monopoly of the fur trade. (1762). On the 19th (May) I reached the Sault [Ste. Marie.] Here was a stockade fort in which under the French Government there was kept a small garrison, commanded by an officer who was called the governor, but was in fact a clerk, who managed the Indian tradehere on government account. The houses were four in number, of which the first was the governor's, the second the interpreter's and the other two, which were the smallest, had been used for barracks. The only family was that of M. Cadotte, the interpreter, whose wife was a Chipeway. (1763). Of the English traders that fell into the hands of the Indians at the capture of the fort [of Michilimackinac], Mr. Tracy was the only one who lost his life. Mr. Ezekiel Solomons and Mr. Henry Bostwick were taken by the Otawas, and, after the peace, carried down to Montreal and there ransomed. Of ninety troops, about seventy were kUled ; the rest, together with those of the posts in the Bay des Puants and at the River St. Joseph, were also kept in safety by the Otawas till the peace, and then either freely restored or ransomed at Montreal. (1764). On the day [Aug. 9th], following that of the Treaty of Peace, Captain Howard was detached with two companies and three hundred Canadian Volunteers for Fort MichUi- mackinac, and I embarked at the same time. (1765). Under the French Government of Canada, the Fur Trade was subject to a variety of regulations, established and enforced by the royal authority ; and in 1765, the period at which I began to prosecute it anew, some remains of the ancient system were still preserved. No person could go into the countries lying to the north-westward of Detroit unless furnished with a license, and the exclusive trade of particular districts was capable of being enjoyed in virtue of grants from military commanders. The exclusive trade of Lake Superior was given to myself by the Commandant of Fort Michilimackinac, and to prosecute it I purchased goods which I found at this post, at twelve months' credit. My stock was the freight of four canoes, and I took it at the price of ten thou sand pounds weight of good and merchantable beaver. It is in beaver that accounts are kept at Michilimackinac ; but in defect of this article, other furs and skins are accepted in payments, being first reduced into their value in beaver. Beaver was at this time at the price of two shillings and sixpence per pound, Michilimackinac currency ; otter skins, six shillings each ; marten, at one shilling and sixpence, and others in proportion. To carry the goods to my wintering ground in Lake Superior, I engaged twelve men at two hundred and fifty livres, of the same currency, each ; that is a hundred pounds weight of beaver. For provisions, I purchased fifty bushels of maize, at ten pounds of beaver per bushel. At this place specie was so wholly out of the question that in going to a cantine you took with you a marten's skin to pay your reckoning. (1765). On my arrival at Chagouemig [Chagouamigon], I found fifty lodges of Indians there. These people were almost naked, their trade having been interrupted first by the English invasion of Canada, and next by Pontiac's war. Adding the Indians at Chagouemig to those which I had brought with me, I had now hundred families, to all whom I was required to advance goods on credit. At a council which I was invited to attend, the men declared that unless their demands were complied with, their wives and children would perish ; for that there were neither ammunition nor 166 henry's travels in Canada and the Indian territories, 1767-1775. clothing left among them. Under these circumstances I saw myself obliged to distribute goods to the amount of three thousand beaver skins. This done, the Indians went on their hunt at the distance of a hundred leagues. A clerk acting as my agent accompanied them to Fond du Lac, taking with him two loaded canoes. Meanwhile, at the expense of six days' labour, I was provided with a very comfortable house for my winter's residence. • (1767.) On reaching the trading post [of Michipicoten] which was an old one of French establishment, I found ten lodges of Indians. These were Gens de Terres or O'pimittish Ininiwac, [also called Tetes de Boule] of which nation I have already had occasion to speak. It is scattered over all thecountry between the Gulf of St. Lawrence and Lake Arabuthcow [Athabasca] and between Lake Superior and Hudson's Bay. (1768.) On the twentieth day of the month [May] the first party of Indians came in from their winter's hunt. During the season some of them had visited one of the factories of the Hudson's Bay Company. Within a few days following, T had the satisfaction of see ing all those to whom I had advanced goods, return. Out of two thousand skins, which was the amount of my outstanding debts, not thirty remained unpaid ; and even the trivial loss which I did suffer was occasioned by the death of one of the Indians for whom his family brought, as they said, all the skins of which he died possessed, and offered to pay the rest from among themselves. His manes, they observed, would not be able to enjoy peace, while his name remained in my books, and his debts were left unsatisfied. (1775.) On the 10th day of June, I left the Sault [for the North- West] with goods and provisions to the value of three thousand pounds sterling, on board twelve smaU canoes, and four larger ones. The provisions made the chief bulk of the cargo ; no further sup ply being obtainable till we should have advanced far into the country. Each small canoe was navigated by three men, and each larger one by four. « It was by the River Pijitic* that the French ascended in 1750, when they plundered one of the factories in Hudson's Bay, and carried off the two small pieces of brass cannon, which fell again into the hands of the English at Michilimakinac. On the river are a band of Wood Indians, who are sometimes troublesome to the traders passing. By this river [Nipigon] the French carried on a considerable trade with the Northern Indians. They had a fort or trading-house at its mouth, and annually drew from it a hun dred packs of beaver of, a quality more in esteem than that from the north-west. They had another trading-house at Caministiquia. As we proceed north-west along the lake, the moun tains recede widely from the beach. The Lake of the Woods is thirty-six leagues long. On the west side is an old French fort or trading-house, formerly frequented by numerous bands of Chipeways, but these have since been almost entirely destroyed by the Nadowessies. I kept the north side of the lake [Winipegon], and had not proceeded far before I was joined by Mr. Pond, a trader of some celebrity in the north-west. On the seventh of September, we were overtaken by Messrs. Joseph and Thomas Frobi- sher and Mr. Patterson. On the twentieth we crossed the bay together, composing a fleet of 30 canoes and 130 men. On the first October we gained the mouth of the River de Bourbon, Pasquayah, or Sascatchiwaine, f and proceeded to ascend its stream. At the north end [of Lake de Bourbon, called by the English, after the Indians, Cedar Lake] there was, in the French time, a fort or trading-house called Fort DE Bourbon, and built by M. de St, Pierre, | a French officer, who was the first adventurer into these parts of the country. On the twenty-sixth [October] we reached Cumberland House, one of the factories of Hudson's Bay Company, seated on Sturgeon Lake in about 54° north latitude and 102° lon gitude west from Greenwich. This house had been built the year before by Mr. Hearne, * [Note by Henry.}— According to Carver, it was by the Michipicoten. If he is oorrect, it must have been from Moose Fort, iu James's Bay, and not from Churchill, that they took the cannon. t [Note by Henry.]— The lower part of the Sascatchiwaine was once called the River de Bourbon. Pas quayah is the name of an upper portion of the Sascatchiwaine. X This iB a mistake. The fort was built by M. de la Verendrye. See ante, pp. 74, 77. HENRY'S TRAVELS IN CANADA AND THE INDIAN TERRITORIES, 1776. 167 who was now absent on his well-known journey of discovery. We found it garrisoned by Highlanders from the Orkney Islands, and under the command of a Mr. Cookings, by whom, though unwelcome guests, we were treated with much civility. The design in building this house was to prevent the Indians from dealing with the Canadian merchants, and to induce them to go to Hudson's Bay. At Cumberland House the canoes separated ; M. Cadotte going with four to Fort des Prairies ; Mr. Pond, with two, to Fort Dauphin, and others proceeding on still different routes ; Messrs. Frobisher retaining six, and myself four ; and we resolved on joining 'our stock and wintering together. We steered for the River Churchill, or Missinipi, to the east of Beaver Lake, or Lake aux Castors. Our first bbject, after crossing Beaver Lake, was to procure food. We had only three days' stock remaining, and we were forty-three persons in number. Our forty men were di vided into three parties, of which two were detached to the River aux Castors, on which the ice was strong enough to allow of setting the nets in the manner heretofore described. The third party was employed in building Our house or fort, and in this, within ten days, we saw ourselves commodiously lodged. Indeed, we have almost built a village, or, in soberer terms, we had raised buildings round a quadrangle such as really assumed, in the wilds which encom passed it, a formidable appearance. In front was the house designed for Messrs. Frobisher and myself, and the men had four houses, of which one was placed on each side and two in the rear. (1776.) On the first day of January, I left our fort, on Beaver Lake, attended by two men, and provided with dried meat and frozen fish. ... On the fourth of the month we arrived at Cumberland House. . . . The next morning [5th] I took leave [for Fort des Prairies.] No trace of anything human presented itself on our road except that we saw the old win tering ground of Mr. Finlay, who had left it some years before, and was now stationed at Fort des Prairies. This fort was the stage we had to make before we could enter the prairies or plains, and on examining our provisions we found only sufficient for five days, while even at the swiftest rate we had travelled, a journey of twelve days was before us. At Fort des Prairies, I remained several days, hospitably entertained by friends, who covered their tables with the tongues and marrow of wild bulls. The quantity of provisions which T found collected here exceeded everything of which I had previously formed a notion. In one heap I saw fifty ton of beef, so fat that the men could scarcely find a sufficiency of lean. Fort of the Prairies, as already intimated, is built on the margin of the Pasquayah or Sascatchiwaine, which river is here two hundred yards across, and flows at the depth of thirty feet below the level of its banks. The fort has an area of about one acre, which is enclosed by a good stockade, though formed only of poplar or aspen wood, such as the country affords. It has two gates, which are carefully shut every evening, and has usually from fifty to eighty men for its defence. Four different interests were struggling for the Indian Trade ofthe Sascatchiwaine, but fortunately they had this year agreed to join their stock, and, when the season was over, to divide the skins and meat. On the 7th [April] we left Cumberland House ; and on the 9th, in the morning, we reached our fort on Beaver Lake, where I had the pleasure of finding my friends well. . . . On the 12th, Mr. Thomas Frobisher, with six men, was despatched to River Churchill, where he was to prepare a fort, and inform such Indians as he might see on their way to Hud son's Bay, of the .approaching arrival of his partners. On the 15th June we reached the River Churchill, Missinibi, or Missinipi, where we found Mr. Thomas Frobisher. . . . The river is called the Churchill River from Fort Churchill, in Hudson's Bay, the most northerly of the Company's factories or trading houses, and which is seated at its mouth. By Mr. Joseph Frobisher it was named English River. . . . We were estimated by the Indians to be distant 300 miles from the sea. Cumber land House was to the south of us, distant 400 mUes. ... We resolved on ascending the river, and to go as far westward as Lake Arabuthcow (oalled also Athapuscow and Atha basca), distant . . . 450 miles. With these views we embarked on the 16th, with six Canadians, and also one Indian woman in the capacity of a guide. ... On the fifth 168 EXTRACTS FROM CARVER'S TRAVELS, 1766-8. day we reached the Rapide du Serpent, which is supposed to be 300 miles from our point of departure. . . . We continued our voyage until the 24th, when ... we saw a number of canoes filled with Indians . . . We proposed to them to return with them to our fort, where we were provided with large' quantities of such goods as they wanted. On the 25th of June we embarked, with all the Indians in our company, and continued our voyage day and night. . . . We reached our house on the 1st of July. Mr. Frobisher and myself left the remainder of our merchandise in the care of Mr. Thomas Frobisher, who was to proceed with them to Lake Arabuthcow. EXTRACTS FROM CARVER'S TRAVELS,* 1766-8. The latter end of July, I arrived, after having coasted through West Bay, at the Grand Portage, which lies to the north-west borders of Lake Superior. Here those who go on to the North- West Trade, to the Lalics DePluye, Dubois, &c, carry over their canoes and lug gage about nine miles, till they come to a number of small lakes, the waters of some of which descend into Lake Superior, and others into the River Bourbon. Lake Superior from West Bay is bounded by rocks, except towards the south-west part of the bay where I first entered it, there it was tolerably level. Here I met a large party of Killistinoe and Assinipoil Indians, with their respective kings and their families. They will come to this place in order to meet the traders from Michillimackinac, who make this their road to the north-west. From them I received the following account of the lakes that lie to the north-west of Lake Superior : Lake Bourbon, the most northern of those yet discovered, received its name from the French traders who accompanied a party of Indians to Hudson's Bay some years ago ; and was thus denominated by them in honour of the Royal Family of France. It is composed of the waters of the Bourbon River, which, as I have before observed, rises a great way to the southward, not far from the northern heads of the Mississippi. This lake is about 80 miles in length, north and south, and is nearly circular. The land on the eastern side is very good ; and to the south-west there are some mountains. In many other parts there are barren plains, bogs and morasses. Its latitude is between fifty-two and fifty-four degrees north, and it lies nearly south-west from Hudson's Bay. As through its northern situation the weather there is extremely cold, only a few animals are to be found in the country that borders on it. Lake Winnipeck, or as the French write it, Lake Ouinipique, which lies nearest to the foregoing, is composed of the same waters. It is in length 200 miles, north and south ; its breadth has never been properly ascertained, but it is supposed to be about 100 miles in its widest part. This lake is very full of islands ; these are, however, of no great magnitude. Many considerable rivers empty themselves into it, which, as yet, are not distinguished by any names. . . . The land on the south-west part of it is very good, especially about the entrance of a large branch of the River Bourbon (Assiniboine), which flows from the south-west. On this river there is a factory that was built by the French, called Fort la Reine, to which the traders from Michilimackinac resort to trade with the Assinipolis and Killistinoes. To this place the Mahahs, who inhabit a country 250 miles south-west, come also to trade, with them ; and bring great quantities of Indian corn to exchange for knives, tomahawks, and and other articles Lake Winnipeck has on the north-east some mountains, and on the east many barren plains. On the waters that fall into this lake, the neighbouring nations take great numbers of excellent furs. Some of these they carry to the factories and settlements belonging to * Travels Through the Interior Parts of North America, pp. 107, 109, 134, 137, 151. —Jonathan Carver, an American traveller, was born in Connecticut in 1732, and served as Captain in the war against the French in Canada. He passed about three years (1766-68) in the exploration of North America, which he crossed to the Pacific Ocean, and published his Travels in 1778. He died in London, in 1780. EXTENT OF COUNTRY WHICH THE NORTH-WEST COMPANY OCCUPIED. 169' Hudson's Bay Company, situated above the entrance of the Bourbon River ; but this they do with reluctance on several accounts ; for some of the Assinipoils and Killistinoes, who usually traded with the Company's servants, told me that if they could be sure of a constant supply of goods from Miohillimackinac, they would not trade anywhere else. They showed me some cloth and other articles that they had purchased at Hudson's Bay, with which they were much dissatisfied, thinking that they had been greatly imposed upon by the barter. Allowing that their accounts were true, I could not help joining in their opinion. But this dissatisfaction might probably proceed, in a great measure, from the intrigues of the Canadian traders ; for whilst the French were in possession of Michillimackinac, having acquired a thorough knowledge of the trade of the north-west countries they were employed on that account, after the reduction of Canada, by the English traders there, in the establish ment of, this trade, with which they were themselves quite unacquainted. One of the methods they took to withdraw these Indians from their attachment to the Hudson's Bay Company, and to engage their good opinion in behalf of their new employers, was by de preciating on all occasions the Company's goods, and magnifying the advantages that would arise to them from trafficking entirely with the Canadian traders. In this they too well succeeded, and from this, doubtless, did the dissatisfaction the Assinipoils and Killistinoes expressed partly proceed. But another reason augmented it, and this was the length of their journey to the Hudson's Bay factories, which, they informed me, took them up three months of the summer heat to go and return, and from the smallness of their canoes they could not carry more than a third of the beavers they killed. So that it is not to be wondered at, that these Indians should wish to have traders come and reside among them. . . The French always kept a small schooner on Lake Superior whilst they were in posses sion of Canada. Two very large rivers empty themselves into this lake on the north and east sides : one is called the Nipegon River, or, as the French pronounce it, the Allanipegon, which leads to a band of the Chipeways, inhabiting a lake of the same name ; and the other is termed the Michipicooton River, the source of which is situated towards James' Bay, from whence there is but a short carriage to another river, which empties itself into that bay, at a fort belonging to the Company. It was by this passage that a party of French from Michillimackinac invaded the settlements of that society in the reign of Queen Anne. Having taken and destroyed their forts, they brought the cannon which they found in them to the fortress from whence they had issued ; these were small brass pieces, and remain there to this present time. At the upper end of the Straits of Ste. Marie stands a fort that receives its name from them, commanded by Mons. Cadot, a French Canadian, who, being a proprietor of the soil, is still permitted to keep possession of it. The banks of the River Detroit, both above and below these towns, are covered with settlements, that extend more than twenty miles ; the country being exceedingly fruitful and proper for the cultivation of wheat, Indian corn, oats, and peas. The inhabitants, who are chiefly French that submitted to the English Government, after the conquest of these parts by General Amherst, are more attentive to the Indian trade than to farming. It is badly cultivated. , EXTENT OF COUNTRY WHICH THE NORTH-WEST COMPANY OCCUPIED.* [Mr. David Thompson, astronomer and surveyor of the North-West Company, com menced in 1796 to survey the position of its posts, some of which had been placed as far south as the source of the Mississippi, or even further, when that point was supposed to be the northern boundary of the United States. But when the 49° became the northern boundary * From "An Investigation of the Unsettled Boundaries of Ontario," by Charles Lindsey, pp. 225-245. 170 EXTENT OF COUNTRY WHICH THE NORTH-WEST COMPANY OCCUPIED. line, it was necessary to ascertain what posts were on the south of it, as the company would be required to vacate them. Mr. Thompson had previously been in the employ of the Hudson's Bay Company ; but the aversion of that organization to new discoveries caused him to accept employment under the North-West Company, when his first en gagement had expired. In the summer of 1795, he had, with no other aid than that of two young Indians, who knew nothing about the country to be travelled over, and one Irishman, made his way from the shores of Hudson's Bay to the east end of Atha- baska Lake. He has left behind him a manuscript, giving an account of his travels when he determined the position of the North-West Company's posts ; and it is of great im portance as showing exactly what extent of country was still held by that company, the suc cessor of the original discoverers of the North-West, some of whose posts it still con tinued to keep up. This country, so held, and of which the Hudson's Bay Company had not taken possession, had not ceased to be part of Canada at a period later than 1791. I shall follow Mr. Thompson's MS. closely; and it may be advisable to resort to some de tails connected with this official survey of the country, on account of the great importance of the subject.] After returning from Athabaska, Mr. Thompson was informed by a letter from Mr. Joseph Colen, the resident at York Factory, with whose sanction the expedition to Athabaska Lake had been undertaken, that he could not sanction any more surveys, whatever might be the extent of the territory still unknown to the H. B. Company. Mr. Thompson's term of service had expired, and his thirst for further discoveries de termined him to seek employment from the North-West Company, composed of Cana dian merchants, and carrying on their traffic with the Indians from Lake Superior. Accompanied by two Indians, he proceeded to the nearest trading-house of that company, which was under the charge of Mr. Alexander Fraser ; and thence, by the usual canoe route, to the great carrying place on the north shore of Lake Superior, then the depot of the Company's treasures : of merchandize from Montreal and furs from the interior. The agents of the company, the Hon. William McGillivray and Sir Alexander McKenzie, were also partners ; men of enlarged views : one of them had already crossed the Rocky Mountains, by the Peace River, and had proceeded far by the Fraser towards the Pacific Ocean, when the hostility of the natives, and want of provisions, had obliged him to return, and who was destined to make discoveries in these countries that would render his name immortal. The services of Mr. Thompson were very acceptable to these gentlemen. They desired to learn the position of their trading-houses, with respect to one another, and also to the 49° of north latitude, become, since the Treaty of 1792, the boundary line between Canada and the United States, from the north-west corner of the Lake of the Woods to the Rooky Moun tains, in lieu of a line from the former point to the head of the Mississippi, as designated by the Treaty of 1783. The source of the Mississippi was then known only to the Indians and a few fur-traders, and was supposed to be further north than the Lake of the Woods. Mr. Thompson was instructed to survey the 49th parallel of latitude, to go as far as the Missouri River, visit the ancient villages of the agricultural natives who dwelt there, to inquire for the fossils of large animals, and to search for any monuments that might throw light on the' ancient state of the countries to be travelled over and examined. He received orders on all the agents and trading posts of the company for men and whatever else he might require. This liberality and display of public spirit he could not help contrasting with the stinginess of the Hudson Bay Company, who had done little in the way of discovery which had not been forced on them by the demands ofthe British Government. But the way in which it performed this duty was calculated to conceal the very know ledge which it was desired to obtain. It had, in 1785, been requested to send out a compe tent person to ascertain the latitude and longtitude of the west end of Athabaska Lake. Mr. Peter Pond, one of the clerks of the North-West Company, who had wintered three years at Fort Chippewayan, on the north side of Athabaska Lake, had made a rough map of the country, which placed the west end of Athabaska Lake near the Pacific Ooean. If this were true, the route across the continent, at this point, might be made available for one purpose or another. Pond had taken his distances from the suppositious leagues of the canoe-men, which Mr. Thompson found to average only two miles each. The agents of the company EXTENT OF COUNTRY WHICH THE NORTH-WEST COMPANY OCCUPIED. 171 sent a copy of this map to Sir Hugh Dalrymple, who was then in office ; and he, by compar ing it with the charts of Captain Cook, found that it brought the west end of Athabaska Lake within less than one hundred miles of the Pacific Ocean. This was the point which the British Government required the Company to determine by actual survey. And Mr. Thompson relates how the Company performed this duty. It sent out a boy, fifteen years of age, first making him an apprentice for seven years, of the name of George Charles. Having spent one year at a mathematical school, and, armed with a quadrant, thrice performed the feat of bringing down the sun to a chalk line on a wall, he was forthwith pronounced competent for the duty required. The result of en trusting this lad with a duty which he was quite incompetent to discharge, was to keep from the Colonial Office the required knowledge for five years ; and it was not till 1790 that it was obliged, by the pressing instance of the Colonial Department, to send out a properly qualified person, Mr. Philip Turner, by whom the desired information was obtained. This Peter Pond, who had so inaccurately laid down the west end of Athabaska Lake, was a violent and unprincipled character, became implicated in the death of Mr. Ross, a fur trader, and was afterwards accused as principal in the murder of Mr. Wadden, another fur trader. He was sent to Quebec, to be tried on the latter charge ; but was released on the ground that the jurisdiction of the court did not extend to these distant territories. Being set at liberty, he went to Boston, Massachusetts, his native city, in 1792. Next year brought peace between the thirteen old colonies and England. The British Commissioners, who had to deal with the boundary question, were ignorant of the geography of the coun try beyond Lake Ontario ; and they had but wretched assistance for. their guidance in the shape of maps ; one of them, by Farren, dated 1773, stopped short in any actual informa tion at Toronto ; the whole country to the west being represented as alterations of rock and swamp, and uninhabitable. Mitchell's was somewhat better, and was the best to which they had access. The American Commissioners had Pond at their elbow ; and though his knowledge of the true position of places was extremely inaccurate, he had much knowledge of the value of the interior countries. Pond is said to have designated to the American Commissioners a boundary line through the middle of the Upper St. Lawrence and the lakes, and through the interior countries to the north-west corner of the Lake of the Woods, and thence west to the Mississippi ; a line that was accepted by the British Commissioners. Before proceeding to give an account of Mr. Thompson's survey of the boundary line, we must trace the route of the North-West Company of those days from Lake Superior to Winnipeg. In August, 1796, Mr. Thompson started from the south-east end of the Great Carrying Place on Lake Superior, in latitude 47° 58' I" north, longitude 89° 44' 10" west of Greenwich. To this point came the canoes from Montreal, each one carrying from forty to forty- five pieces of merchandize, eachpiece weighing from ninety to one hundred pounds, besides spirituous liquors ; the return cargoes consisting of furs. Then the merchandize was made into assorted packages of ninety pounds each. The canoes destined to carry them into the interior were of less capacity, but each one was capable of carrying twenty-five pieces, besides the necessary provisions for the voyage, and the baggage of the men ; making alto gether a weight of about 2,900 lbs ; to which add five men, and the complete canoe load will reach 3,700 lbs. These moved in brigades of four to eight canoes, to different points in the interior country. That on which Mr. Thompson embarked contained four, and was under charge of Mr. Hugh McGillis ; the day of starting being August 9, 1796. His instruments consisted of a sextant of ten inches radius, with quicksilver and parallel glasses, an excellent achromatic telescope, one of a smaller kind, drawing instruments and thermometers ; all by Dolland. They proceeded over the Great Carrying Place, which takes a north-west direction from the starting point, and is eight miles and twenty yards long, to Pidgeon River. This, point is -about three hundred feet above Lake Superior. These eight miles odd consumed five days- days of severe labour to the men. From Pidgeon River to the height of land the distance is thirty-eight miles, in which there are twelve carrying places, which are together five and a half miles. of the distance. The height of land to which we have now come is in latitude 48° 6' 43" north, longitude 90P 34' 38" west, variation six degrees east. South-east from this 172 EXTENT OF COUNTRY WHICH THE NORTH-WEST COMPANY OCCUPIED. dividing ridge the streams run into Lake Superior, north-east by east into Lake Winnipeg, and thence into Hudson's Bay. The country passed over in the forty-eight miles between here and Lake Superior con tains many brooks and small lakes of good clear water, and parts of it seem adapted for pas turage. The country now declines to the north-east, and is intersected by many streams having the same direction : they collect finally into a fine river. Rainy Lake is a fine body of water, nine or ten miles in length, and emptying into Rainy River by a descent of about ten feet. Here, below this fall, stood a trading-house of the North-West Company, in latitude 48° 36' 58" north, longitude 93° 19' 30" west. The distance from the height of land to this point is one hundred and seventeen miles. The country is more favourable for agricul ture than the previous section from Pidgeon River to the height of land ; and " in several places good farms can be made." Rainy River is a fine stream about two hundred yards wide, interrupted in its course by only one rapid ; at the foot of which, in the season, the natives spear, or used to spear, many fine sturgeon. By this river we travel fifty miles and a half to the Lake of the Woods. The banks present all the appearance of a country capable of cultivation ; but the rock lies at no great distance from the surface. The Lake of the Woods is thirty-two and a half miles long, and it contains many bays. Its area may be estimated at about eight hundred square miles, over which are scattered many islets. The north-east shores are of granite ; the western, of limestone, touch on the great alluvial . The Lake of the Woods is memorable in geographical and diplomatic history. It has been the starting point in every treaty of the boundary line between the dominion of Great Britain and the territories of the United States. It is the southernmost lake of the Stony Region ; the first that having limestone on its western side, has granite, greenstone and clay slate on the north and the east. Out of the lake flows the River Winnipeg (sea river) in a north-western direction, into Lake Winnipeg. It is a bold deep stream about three hundred yards in width, contains many isles, and has thirty-two falls and several channels. It is of granite formation through out its whole course of one hundred and twenty-five miles. At the point of its entrance into Lake Winnipeg, the North-West Company had a trading-house, which owed its origin to the French. Its position was latitude 50° 37' 46" north, longitude 95° 59' 34" west, variation nine degrees east. Though the falls are so numerous, the aggregate length of the carrying places is only three miles. From Grand Portage to Lake Winnipegthe country was probably neverrich in fur-bearing animals ; and it has now long since been exhausted as a hunting ground either for fur-bear ing or food-producing animals, but few of either remaining. The natives, who are Chippe- ways, drew their chief means of subsistence from the waters : sturgeon, white fish, pike, mackerel, and carp being the principal kinds of fish found there. Winnipeg House was an important depdt of provisions, which were brought in canoes from the bison countries that surround the Red River (of the North) and the Saskatchewan, and distributed to the canoes and boats for the several wintering places on Lake Winnipeg. Red River enters the lake at a distance of forty-two miles from Winnipeg House ; further north the Dauphin contributes its waters, and at the north-west corner ofthe lake the Saskatchewan, in latitude 53° 43' 45", longitude 98° 31' west, comes in on its way to Hudson's Bay. This lake receives many lesser streams both on the east and on the west. All these waters were valuable as highways for fur-traders. From Winnipeg House to the lower end of the Saskatchewan, the western coast line, which runs north thirty-six degrees west, is two hundred and thirty-one miles ; the eastern side is longer, being about two hundred and seventy miles ; the width at either end is about forty-five miles. The area of this lake, with its islands, is about ten thousand and eighty square miles. The woods all round the lake are composed of small trees, full of branches. Neither deer nor other animals were abundant, but the waters abounded with good fish. Mr. Thompson set out from Winnipeg House, coasting along the limestone shores of the lake, mostly low, but sometimes forming cliffs fifty feet high, to the mouth of the Dauphin River. The course in' a straight line was north 43° west, one hundred and twenty- seven miles. He then proceeded up the Dauphin River, which is about thirty yards wide and three deep, and runs through a forest. Both the soil and the timber im proved in quality as he proceeded, but deer and beaver were scarce. The general course EXTENT OF COUNTRY WHICH THE NORTH-WEST COMPANY OCCUPIED. 173 for the first eight -miles was south by west; but there were many turnings in the river. This brought him to the Meadow Carrying Place, two thousand seven hundred and sixty yards long, which took him to Lake Winepagos (the little sea). It would have been practi cable to reach the lake by continuing on the river ; but it was so circuitous as to cause the carrying place to be preferred. On this lake he went a distance of fifty-nine miles to Swan River, a small stream only about fifteen yards wide and three deep, and which runs with a gentle current through a fine country. He was now among low hiUs and the heights ; which the deer, after spending the summer there, were beginning to leave. Beaver now became plentiful. Having proceeded twelve miles up the river, he came to Swan River House, of the North West Company, in latitude 52° 24' 5" north, longitude 100° 36' 52", variation 13" east. There were but two families of the native tribe to whom those countries belong, Nathaways. Several Chippeways had lately [come from the south, their own country being exhausted of beaver and deer. From Swan River (date September 26th, 1 796) he proceeded with horses across the coun try, to the Stone Indian River, on which the North-West Company had several trading-houses, to the upper house, in charge of Mr. Cuthbert Grant ; course forty degrees and a half west ninety miles ; most of the way through fine forests, the ground being very good for the horses, except a few pieces of wet meadow, and even here they did not sink ankle deep. He now made for the trading-house, in charge of M. Belleau, between Swan River and Stone Indian River, which by observation was found to be in latitude 51° 51' 9", longitude 102° 3' west; course for the last thirty miles having been north twelve degrees west. This stretch contained much wet ground and ponds occasioned by beaver dams. He now returned and proceeded to the upper trading-house, in charge of Mr. Hugh McGillis, latitude 52° 59' 7", longitude 102° 32' 27", on a course north ten degrees east, a distance of one hundred and eleven miles in a direct line, the travelled distance owing to the detours occasioned by the beaver ponds,' being one hundred and fifty miles. These animals held full possession of the country ; but they were being rapidly destroyed. All these trading-houses of the North-West Company were on the south side of the range of hills which border on the great plains. The countries were the hunting grounds of the Nathaway Indians. Mr. Thompson was disappointed in not finding numerous mineral springs in a country having such variety of hill and plain, forest and prairie ; beyond the saline brooks of the Red River, from which even then salt was obtained by evaporation, he learned of none. The Nepissings, Algonquins, and Iroquois, their own countries being exhausted of animals, spread themselves over this country, with destructive march, so far as the beaver was concerned, northward and westward, meeting no molestation from the native Nath aways. The Chippeways and other tribes used the fataUy baited steel-trap.* While the great beaver harvest lasted, the Indians were rich ; and they all, men, women and children, made a barbaric display of their wealth, in the use of silver brooches, earrings, wampum, beads and other trinkets. They wore fine scarlet cloth mantles, and sported other absurd fineries in dress. The canoes of the fur-traders were loaded with beaver packs ; and the supply outran the demand so far as to bring down the price in the London market. But neither the inflated prosperity nor the excess of production could last long. Over countries of such vast extent as these, four years sufficed almost to complete the work of destruction. The Indians feU back into worse than their original poverty. Mr. Thompson proceeded to the trading-house in charge of Mr. Thornburn, in latitude 50° 28' 58", longitude 101° 45' 45". Having determined the position of this place, he went down the Stone Indian River to the house in charge of Mr. John McDonell, latitude 49° 40' 56", longitude 99° 27' 15", the course being south by east, and the distance in one straight line one hundred and thirty-one miles. This river is about thirty yards in width, and as it derives its water from the rains and snows, is of varying depth, according to the seasons. Its course is on the east side of the great plains and the west side of the low hills, whence it receives several brooks, and from the plains of Calling River a few. In addition to its being always shoal in autumn, its course is very sinuous. The Stone Indian River everywhere runs through an agreeable country with a good soil, well adapted for agriculture. * The bait was castorum, and was quite irresistible 174 EXTENT OF COUNTRY WHICH THE NORTH-WEST COMPANY OCCUPIED. The bison, the moose, the red deer, and two species of antelope, here gave the Nath aways an easy means of subsistence. The Stone Indians, a numerous tribe of the Sioux nation, possessed the country south and west of this river to the Missouri ; but the more southerly and western parts they shared in common with several other tribes. Mr. Thompson's journals, surveys, and sketches, having been translated out of crayon into ink, and there being nothing more to be done there, he set out from Mr. McDonell's on a winter's journey for the Mandan villages, on the banks of the Missouri, tho 28th Novem ber, 1797. The guide and interpreter, Monsieur Rene Jussomme, had resided eight years in those villages, and spoke the Mandan language with fluency. There were also in the party, Mr. Hugh McCracken, a good-hearted Irishman who had been to the villages many times, and even resided there for weeks and months ; seven French Canadians, good-humoured fellows, wiUing to hunt for the means of securing their greatest enjoyment — eating — who possessed not the least tincture of education, and did not see its value. All these, except Mr. Thompson's servant man, A. Brossman, were for the time free-traders, on their own account each of them having taken from Mr. McDonell, on credit, a venture in goods to the value of forty to sixty skins, to be paid for in kind. Having been supplied with ammunition, tobacco, and trinkets to pay expenses on the way, Mr. Thompson provided with two horses, and Mr.' Jussomme with one, the men having their own dogs, to the number of thirty, to haul their goods on flat sleds, everything was now ready for the journey. The half-wolf dogs had all been obtained in trade from the Stone Indians, by whom numbers are kept in their encamp ments. These brutes are extremely voracious. ~ After thirty-three days' travel, with the thermometer nearly always below zero, and sometimes descending to 36° below, having encountered high winds and blinding snowdrifts depending chiefly on the precarious chase for means of subsistence, and sometimes being in danger from hostile Indians, the party arrived at the village of the Fall Indians, lat. 47° 25' 11", long. 101 ° 21' 5", the whole distance travelled in that time being two hundred and eighty miles. Although few of the Mandans had guns, they had already received some from trading parties of the Hudson's Bay Company, who had probably straggled through the country in a favourable season, much as the men belonging to Mr. Thompson's party were doing, or more likely they obtained them from traders they had met at a distance from their villages. This does not prove that that Company had any substantial occupation of this part ofthe country. The lower village ofthe Mandans was found to be in lat. 47° 17' 22", long. 101° 14' 24" , variation ten degrees east. The road from the Mandan villages to Stone Indian River House, travelled by Mr. Thompson, may be thus divided. Following from one piece of woods to another, where fuel and shelter could alone be obtained, the course to the, Dog TeDt Hill, twenty-eight de