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No. 26. Treaty of Utrecht

March 31/April 11, 1713

By the second partition treaty between William III. and Louis XIV., in 1700, it had been agreed that the Spanish succession, on the death of Charles II., should go to the Archduke Charles, son of the Emperor Leopold. But Charles II. by will bequeathed all his possessions to Philip, Duke of Anjou, grandson of Louis, though with the proviso that the crowns of France and Spain should never be united; and, on the death of Charles, Louis claimed the inheritance for Philip. The seizure of the barrier fortresses, early in 1701, was soon followed by war in Italy between Leopold and the combined French and Spanish forces. William placed Marlborough in command of the English forces in the Netherlands, and in September formed, with Austria and the Dutch Republic, the so-called Grand Alliance. The death of William, in March, 1702, did not interrupt the war, and the Grand Alliance was shortly joined by most of the German princes. The European phases of the war of the Spanish Succession, and the careers of Marlborough and Prince Eugene of Savoy, do not call for discussion here. In America, where the war is known as Queen Anne's war, the most important movements were in connection with the repeated attempts to conquer some part of the French possessions. After two unsuccessful expeditions, in 1704 and 1707, against Acadia, Port Royal finally surrendered, in 1710, to the English; but a combined land and naval demonstration against Canada came to nothing. In September, 1711, preliminary articles of peace were signed; the conferences of the commissioners began in January, 1712, at Utrecht; and March 31/ April 11, 1713, the treaty was concluded. Only the principal articles relating to America are given here.

REFERENCES. Text in Chalmers's Collection of Treaties, I., 340-386. Mahon's History of England [during the] Reign of Anne covers the period of the war; see also Lecky's England in the Eighteenth Century (Amer. ed.), I., 26-54, 106–158; Parkman's Half Century of Conflict.

X. The said most Christian King shall restore to the kingdom and Queen of Great Britain, to be possessed in full right for ever, the bay and streights of Hudson, together with all 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. . . . 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. . . . The

same commissaries 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 abovementioned 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

XII. The most Christian King shall take care to have delivered to the Queen of Great Britain, on the same day that the ratifications of this treaty shall be exchanged, solemn and authentic letters, or instruments, by virtue whereof it shall appear, that the island of St. Christopher's is to be possessed alone hereafter by British subjects, likewise all Nova Scotia or Acadie, with its ancient boundaries, as also the city of Port Royal, now called Annapolis Royal, and all other things in those parts, which depend on the said lands and islands. .; 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 30 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.

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 Bonavista 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 of St. Lawrence, and in the gulph 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 to 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 subject 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 the laws of Great Britain do allow the same.

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THE plan for a colony in Georgia originated with James Edward Oglethorpe, an English gentleman of good family, who had served with distinction under Prince Eugene of Savoy, and later had entered the House of Commons. Oglethorpe's sympathies having been enlisted on behalf of imprisoned debtors and discharged prisoners, he conceived the idea of establishing in America a colony where worthy persons of those classes could get a new start in life. The charter granted to trustees certain territory south of the Savannah river which had originally formed part of South Carolina, but had been retained by the Crown when the Carolinas were surrendered by the proprietors in 1729. To this was added the one-eighth interest retained by Carteret at the time of the surrender, and which he now conveyed to the trustees. The charter was surrendered in 1752, and Georgia became a royal province.

REFERENCES. - Text in Poore's Federal and State Constitutions, I., 369377. The Journal of the trustees has been privately printed (1886). The Colonial Records of Georgia, I., cover the charter period. Various contemporary accounts are reprinted in the Collections of the Georgia Hist. Society,

and in Force's Tracts, I. See also early documents in Charles Lee's Report on Claims to Lands in the Southwestern Parts of the United States, in Amer. State Papers, Public Lands, I., 34-67.

GEORGE the second, [&c] . .

Whereas we are credibly informed, that many of our poor subjects are, through misfortunes and want of employment, reduced to great necessity, insomuch as by their labor they are not able to provide a maintenance for themselves and families; and if they had means to defray their charges of passage, and other expences, incident to new settlements, they would be glad to settle in any of our provinces in America where by cultivating the lands, at present waste and desolate, they might not only gain a comfortable subsistence for themselves and families, but also strengthen our colonies and increase the trade, navigation and wealth of these our realms. And whereas our provinces in North America, have been frequently ravaged by Indian enemies; more especially that of South-Carolina, which in the late war, by the neighboring savages, was laid waste by fire and sword, and great numbers of English inhabitants, miserably massacred, and our loving subjects who now inhabit them, by reason of the smallness of their numbers, will in case of a new war, be exposed to the late [like?] calamities; inasmuch as their whole southern frontier continueth unsettled, and lieth open to the said savages Know ye therefore, that we . . . by these presents . . . do ordain . . . that our right trusty and well beloved John, lordviscount Purcival, of our kingdom of Ireland, our trusty and. well beloved Edward Digby, George Carpenter, James Oglethorpe, George Heathcote, Thomas Tower, Robert Moore, Robert Hucks, Roger Holland, William Sloper, Francis Eyles, John Laroche, James Vernon, William Beletha, esquires, A. M. John Burton, B. D. Richard Bundy, A. M. Arthur Bedford, A. M. Samuel Smith, A. M. Adam Anderson and Thomas Corane, gentleman; and such other persons as shall be elected in the manner herein after mentioned, and their successors to be elected in the manner herein after directed; be, and shall be one body politic and corporate, in deed and in name, by the name of the Trustees for establishing the colony of Georgia in America; . . . and that they and their successors by that name shall and


may forever hereafter, be persons able and capable in the law, to purchase, have, take, receive and enjoy, to them and their successors, any manors, messuages, lands, tenements, rents, advowsons, liberties, privileges, jurisdictions, franchises, and other hereditaments whatsoever, lying and being in Great Britain, or any part thereof, of whatsoever nature, kind or quality, or value they be, in fee and in perpetuity, not exceeding the yearly value of one thousand pounds, beyond reprises; also estates for lives, and for years, and all other manner of goods, chattels and things whatsoever they be; for the better settling and supporting, and maintaining the said colony, and other uses aforesaid; and to give, grant, let and demise the said manors, messuages, lands, tenements, hereditaments, goods, chattels and things whatsoever aforesaid, by lease or leases, for term of years, in possession at the time of granting thereof, and not in reversion, not exceeding the term of thirty-one years, from the time of granting thereof; . . . and that they . . . by the name aforesaid, shall and may forever hereafter, be persons able, capable in the law, to purchase, have, take, receive, and enjoy, to them and their successors, any lands, territories, possessions, tenements, jurisdictions, franchises and hereditaments whatsoever, lying and being in America, of what quantity, quality or value whatsoever they be, for the better settling and supporting and maintaining the said colony; . . . And our will and pleasure is, that the first president of the said corporation . . . shall be . . . the said Lord John Viscount Percival; and that the said president shall, within thirty days after the passing this charter, cause a summons to be issued to the several members of the said corporation herein particularly named, to meet at such time and place as he shall appoint, to consult about and transact the business of said corporation. And . . . we . . . direct, that the common council of this corporation shall consist of fifteen in number; and we do appoint... John Lord Viscount Percival, . . . Edward Digby, George Carpenter, James Oglethorpe, George Heathcote, Thomas Laroche, James Vernon, William Beletha, esqrs., and Stephen Hales, Master of Arts, to be the common council of the said corporation, to continue in the said office during their good behavior. And whereas it is our royal intention, that the members of the said corporation should be increased by election, as

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