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divide two nations whose interest it will always be to cultivate the relations of amity, and a cordial good understanding with each other.
Tavistock Hotel, London.
14th July, 1838.
CHARLES, &c.—To all Persons to whom these
presents shall come, greeting: “ WHEREAS, by the Treaty of Peace concluded at Breda, the “ 31st of July last past, between our Ambassador and those of “ our good Brother, the Most Christian King, it is among other
things agreed, that we shall restore to the said King, or unto “ such as shall receive for that purpose his commission, duly
passed under the Great Seal of France, the country which is “ called Acadie, lying in North America, which the said Most “ Christian King did formerly enjoy, and to that end that we “ should immediately, upon the ratification of the agreement, de"liver or cause to be delivered unto the said Most Christian
King, or such ministers of his as should be thereunto ap
pointed, all instruments and orders duly dispatched, which “ should be necessary to the said ratification; as also in like
manner, that we should restore unto the said Most Christian “King, all islands, countries, forts, and colonies, any where
situated, which might have been gotten by our arms, before or “ after the subscription of the said treaty, and which the said “ Most Christian King possessed before the 1st of January, in
the year 1665, on condition that he, the said Most Christian
King, should, with all speed, or at the farthest within six “ months, to be reckoned from the day of subscribing that agreement, restore unto us, or unto such as for that
should “ receive our commands, duly passed under our great seal of “England, that part of the island of St. Christopher's which the
English possessed the First of January, 1665, before the decla“ration of the late war; and should to that end, immediately
upon the ratification of the said agreement, deliver or cause to “ be delivered unto us, or such of our ministers as should be “ thereunto appointed, all necessary instruments and orders ; as “ also that he, the said Most Christian King, should, in like
manner, restore unto us, the islands called Antigua and Mont
serrat, if they were in his power; and all other islands, coun“tries, forts, and colonies, which might have been gotten by the
arms of the said Most Christian King, before or after the sub
scription of the said treaty, and which we possessed before we “ entered into the war with the States General (to which war “ that treaty puts an end), as appears by the several articles of the "said treaty, which are as follows :-Articles VII., VIII., IX.,
X., XI., XII., XIII., XIV., and XV. And we, desiring on “our part, sincerely and truly, without all delay or difficulty, “ under what pretence or colour soever, to accomplish and ob"serve the said treaty, and every article, clause, and part
thereof, and more particularly what concerns the restitution “ and delivery of the said islands, countries, castles, and colo
nies, which our meaning and intention is, they shall be forth“ with delivered to our said good Brother as aforesaid, or such " as shall be thereto by him sufficiently empowered and ap
pointed; know ye that we for these and several good consider"ations, us thereunto especially moving, have given, granted,
quitted, transferred, surrendered, and delivered, and by these
presents signed with our royal signature, do for us, our heirs “ and successors for ever, grant, quit, transfer, surrender, and “ deliver all that country called Acadie, lying in North America, “ which the said Mosť Christian King did formerly enjoy, as
namely, the forts and habitations of Pentagoet, St. John, Port Royal, La Have, and Cap de Sable, which his subjects enjoyed under his authority, till the English possessed themselves “ of them in the years 1654 and 1655, and since; as also, the
country of Cayenne in America, with all and singular the forts
and places thereto and to them, or any of them, belonging; “ and all and every the islands, countries, castles, forts, and
colonies, which were in the possession of our said good Bro“ ther before the declaration of the war with the united pro“ vinces of the lower countries, and which have been taken from
him, or his subjects, by our forces, before or since the signing “ of the said treaty, with all the right, powers, privileges, so“ vereignty, jurisdiction, pre-eminence, and authority, that doth
or might belong to us, within the same and every of them, to “ be and remain to him, the said Most Christian King, his heirs " and successors for ever, with the same and like power, autho
rity, and sovereignty as they would, or might, have done to us, our heirs and successors. Whereas, we therefore have, and by these
presents do, from this time forward and for ever, dis“ seize and dispossess ourself in favour of our said good Bro
ther, his heirs and successors; and, accordingly, him and them have, by these presents do seize and possess
all the same, and “ of every part and parcel thereof, in pursuance of our said
treaty, and of the respective articles thereof, without ex“emption, limitation, or exception whatsoever, and for the full " and effectual execution thereof our will and pleasure is, and “we do hereby strictly charge and require, as well our Captain
“ General and Governor-in-Chief of our Caribbee islands, our “ Governor of our country of Nova Scotia for the time being, as “ the several Governors, Captains, Commanders-in-Chief of the “ said country of Acadie, la Cayenne, and of others, the said
islands, countries, castles, forts, and colonies respectively, " that forth with, and by virtue hereof, without all difficulty
or delay, they surrender and give up into the hands of our “said good Brother, or to such as he shall thereto appoint,
as aforesaid, the said countries, islands, castles, forts, and “ colonies, and every of them; withdrawing such of our gar“risons and forces as shall have been placed there for our “service: and for this end, we have freed, acquitted, and
discharged, and by these presents do for us, our heirs and “ successors, free, acquit, and discharge our said Captain General, “the several Governors, Captains, Commanders, of all and " singular islands respectively, of and from the charge, com
mand, and government of the same, and all such as are
employed by them therein, or in any of them, so as not to “ be at any time hereafter chargeable, answerable, or account“ able to us, our heirs or successors, for or concerning any
matter or thing they shall do by virtue of these presents. “Whereas, we will that all and singular, our inferior officers, “civil and military, our soldiers, people, and subjects, of our “ said islands, countries, castles, and forts, whom it may concern, “ and every of them, do take due notice and be obedient, “accordingly, to such orders and directions as shall be given “ to every of them by our said Captain General, our Governors, “Captains, and Commanders respectively, in the due and punc“ tual execution of these presents, without delay or difficulty,
or obstruction whatsoever; and for which this shall be to “ them and every of them, and to all others whom it may
concern, against us, our heirs and successors, a full and “ sufficient warrant and discharge in this behalf. In witness “ whereof we have caused our Seal of England to be put to these
presents. Given, &c.
The expressior: so frequently used in the American State Papers upon the boundary question, respecting Mitchell's Map, to wit, that“ it was before the Commissioners who framed the Treaty of 1783,” is one which appears to be calculated to convey very erroneous notions.
It is true that Mitchell's Map was before the commissioners, but this is not the whole truth,-so also were various other maps.
The matter in negociation at the Treaty of 1783, involved the question, what was the extent of territory acquired in this quarter, by the Cession of Canada contained in the Treaty of 1763.
Mitchell's Map, if I recollect rightly, was compiled from reports made to the Colonial Office, by the Governors of the different colonies, concerning the limits of their several governments, under the superintendence of Governor Pownal, whose signature will be found to it. It was published about the year 1755, and of course at a time when views of territorial aggrandizement, as stated in the text, were rife upon
this continent. Not only the Map called Mitchell's Map, but also the various maps and charts which had been adverted to in the controversy between the English and French Commissioners in 1751-2, must have been before the Commissioners who framed the Treaty of 1783.
The negociators of that treaty on both sides well knew the character of Mitchell's Map, and if Franklin could raise his head from the grave, he would smile at the importance which the American commisssioner and government now affect to give to it.
But after all the words of the treaty are to be looked at, from these alone can we know the mind of the framers of it. What effect Mitchell's Map may have had upon their minds, it is impossible to conjecture; and, if it could be known, it would be entirely useless.
C. Early titles to lands on the River St. John from
the French Government.
It will be seen from the following documents that the possession of the River St. John by the Crown of France (in whose place Great Britain now stands) is of very old date.
"La Compagnie de la Nouvelle France ; A tous ceux qui
ces présentes lettres veront; Salut: Le désir que nous avons “d'apporter toute diligence possible à l'établissement de la “ Colonie de la Nouvelle France, nous faisant rechercher ceux
qui ont la volonté d'y contribuer de leur part, et l'obligation
que nous avons de recompenser, par toutes voies, les travaux " de ceux qui nous assistent, et d'embrasser les occasions de