Sivut kuvina

lands lying or extending from the river of Sagade. hock to the Gulf of St. Lawrence and Canada rivers, and to the main sea northward and eastward, to be made or past by the governor and general assembly of our said province, be of any force, validity or effect, until we, our heirs or successors shall have sig, nified our or their approbation of the same.

[The old patents granted by the council of Plymouth for Massachusetts and Plymouth, are dated 1627 and 1629 respectively. The first Massachusetts' charter granted on 4th March 1628-9 to the patentees (sir Henry Rosewell and others) by king Charles the First, was vacated by quo warranto in 1684. The grant for Maine to Ferd. Gorges, dated April 3, 1639, had been purchased by Massachusetts in 1674. The charter of 1691 unites those several grants and adds to them Acadia or Nova Scotia and the country lying between it and Kennebek river the eastern boundary of Maine. Acadia had however been ceded or restored by England to France by the treaty of Breda in 1667; and was again restored to the same powe er by the treaty of Ryswick in 1697. After it had been ceded to England in 1712 by the treaty of Utrecht, it became a distinct regal government, and the river St. Croix the eastern boundary of Massa. chusetts.]

No. 2.

Extract from the Charter of Connecticut. " And know ye further that WE of our abundant grace, certain knowledge and mere motion, have given granted and confirmed, and by these presents for us our heirs and successors do grant and confirm, unto the said governor and company and their successors all that part of our dominions in New England in America, bounded on the east by Narraganset river, commonly called Narraganset bay, where the said river falleth into the sea; and on the north by the line of the Massachusett's plantation; and on the south by the sea ; and in longitude as the line of the Massachusett's colony running from east to west, that is to say, from the said Narraganset bay on the cast, to the South sea on the west part, with the islands thereunto adjoining,” &c. &c.

23d April,
14 Car. 2.

[The first Connecticut patent to Lord Say and Seal was dated 19th March 1631. Whether the title of the patentees had become vested in the colony of Connecticut before the year 1662 is now immaterial, so far as relates to the United States. By an agreement

originally made in 1683, but not finally ratified till 1731 or 1733, the boundary between Connecticut and New York was established. But Connecticut continued to claim the lands west of New York and within the limits of their charter. See, under the head of Cessions from States,” the first proviso to the act of Congress of 28th April, 1800, by which a legislative act, renouncing all claims west of that line, is required from Connecticut.]

No. 3.

Extract from the Grant of Charles the Second

to James Duke of York. “KNOW YE that we for divers good causes, &c. 12th of have, &c. and by these presents, &c. do give and March, grant unto our dearest brother, James Duke of York, 16 ca. 2d. his heirs and assigns, all that part of the main land of New England, beginning at a certain place called or known by the name of St. Croix, next adjoining to New Scotland in America; and from thence extend. ing along the sea-coast unto a certain place called Pamaquie or Pemaquid, and so up the river thereof to the farthest head of the same as it tendeth northward; and extending from thence to the river of Kimbequin, and so upwards by the shortest course to the river Canada northward. And also all that island or islands commonly called by the several name or names of Matowacks or Long-Island, situate, lying and being towards the west of Cape Cod and the Narrow Higansets, abutting upon the main land be. tween the two rivers, there called or known by the several names of Connecticut and Hudson's river; together also with the said river called Hudson's river, and all the lands from the west side of Connecticut river, to the east side of Delaware bay. And also all those several islands, called or known by the names of Martin's Vineyard and Nantukes or otherwise Nantukett."

[The preceding grant merged into the crown by the accession of the Duke of York (James the Second) to the throne. The territory between Pemaquid and St. Croix, was by the charter of 1692, annexed to Massachusetts. A part of the territory between Hudson and Delaware rivers had been transferred by the Duke of York and formed New Jersey. The residue of the grant constituted the regal government of New York, to which the jurisdiction over the territory of the “Six Nations" seems to have been annexed.].

No. 4.


Extract from the Second Charter of Virginia. 23d May, Sec. 6. " And we do also of our special grace, &c. 7 James 1st. give, &c. unto the said treasurer and company, &c.

all those lands, countries and territories, situate, ly ing and being in that part of America, called Virginia, from the point of land called Cape or Point Comfort all along the sea coast to the northward, two hundred miles, and from the said Point of Cape Comfort, all along the sea coast to the southward, two hundred miles ; and all that space and circuit of land lying from the sea coast of the precinct aforesaid, up into the land throughout from sea to sea, west and northwest ; and also all the islands lying within one hundred miles along the coast of both seas of the precinct aforesaid.”

[The first charter, dated 10th April, 1606, extended along the seą. coast from the 34th to the 41st degree of north latitude, but only fifty miles inland. The third charter, dated March 12th, 1612, annexed to Virginia all the islands within three hundred leagues of the coast.

Those three charters were vacated by quo warranto before the 15th July, 1624 ; on which day a commission issued for the government of Virginia, without making however any alteration in the boundaries established by the second charter. The colony was afterwards curtailed on the north, by the grants to Lord Baltimore and to William Penn, and on the south, by that to the proprietors of Carolina. The charters of Maryland and Pennsylvania are not insert. ed, as those states made no cession to the United States. New York, Connecticut and Massachusetts, being the only states that had, or laid any claims to the territory north of the river Ohio and west of Pennsylvania, the cessions of those states have given to the United States an indisputable title to the public lands within that territory, as far west as the river Mississippi, which by the treaty of 1763, had been established as the boundary between British America and Louisiana.]

No. 5.

Extract from the Second Charter of Caroliną. 30th of June,

“KNOW YE, that at the humble request 1677. of the said grantees, &c. we are graciously pleased to 17th Car. 2d. enlarge our said grant unto them, according to the

bounds and limits hereafter specified, and in favor of the pious and noble purpose of the said Edward Ear! of Clarendon, George Duke of Albermarle, William Earl of Craven, John Lord Berkely, Anthony Lord Ashley, sir George Carteret, sir John Colleton, and sir William Berkely, their heirs &c. all that province, territory or tract of land, situate, lying and being within our dominions of America aforesaid, extend ing north and eastward as far as the north end of Currituck river or inlet, upon a straight westerly line to Wyonoak creek, which lies within or about the de. grees of thirty-six and thirty minutes, northern latitude ; and so west in a direct line, as far as the South seas; and south and westward, as far as the degrees of twenty-nine inclusive of northern latitude ; and so west in a direct line as far as the South seas ; together with all and singular the ports, harbours, bays, rivers and inlets belonging unto the province and territory aforesaid."

[This charter was on the 25th July, 1729, surrendered to the king by seven of the eight proprietors, under the authcrity of the act of Parliament, 2d Geo. 22 chap. 34. Lord Carteret (since earl Granville) the eighth proprietor resigned on the 17th Sept. 1744, ail pretentions to the government; and his eighth part of the right to the soil was located by commissioners, appointed by him and the king, next adjoining Virginia, bounded“ north by the Virginia line, east by the Atlantic, south by latitude 35 degrees 34 minutes north, and west as far as the bounds of the charter.”

The government of Carolina, from the surrender in 1729, became regal; and the province was divided into two governments, North Carolina and South Carolina. The order of council to that effect, and which fixed the boundaries between the two provinces, could not be obtained for insertion in this collection.

The alteration of the southern boundaries of South Carolina, rès sulting from the establishment of Georgia and other acts, will appear by the following documents.]

No. 6.

Extract from the Georgia Charter in 1732.

KNOW ye therefore, that we, greatly desiring the 9th of June, happy success of the said corporation, for their fur. 1732 ther encouragement in accomplishing so excellent a 5th George work, have of our special grace, certain knowledge, and mere motion, given and granted, and by these presents, for us, our heirs and successors, do give


and grant to the said corporation, and their successors, under the reservations, limitations and declara. tions hereafter expressed, seven undivided parts (the whole into eight equal parts to be divided) of all those lands, countries and territories, situate, lying and being in that part of South Carolina in America, which lies from the northern stream of a river commonly called the Savannah, all along the sea coast to the southward, unto the most southern stream of a certain other great water or river called the Alatamaha, and westward from the heads of the said rivers respectively in direct lines to the South seas; and all that space, circuit and precinct of land, lying within the said boundaries, with the islands in the sea, lying opposite to the eastern coast of the said islands, with. in twenty leagues of the same, which are not alrea. dy inhabited, or settled by any authority derived from the crown of Great Britain.

[Lord Carteret, by indenture, dated 28th February 1732, had granted to the trustees of Georgia his eighth part of the territory described in the preceding charter. The trustees in 1752 surrendered the whole territory to the king, and the government of the whole was afterwards entirely regal. The extension of boundaries will appear by the following documents.]

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Extracts from the Definitive Treaty of Friend

ship and Peace, between his Britannic Majesty, the most Christian King, and the King of Spain, concluded at Paris the 10th day of February, 1763.

ARTICLE IV. 10th of Feb. “ His most Christian Majesty renounces all preten. ruary, 1763.

sions which he has heretofore formed, or might form, Cession of Nova Scotia to Nova Scotia or Acadia in all its parts, and guaranor Acadia tees the whole of it, and with all its dependencies, to and of Cana- the King of Great Britain: moreover, his most Chrisda by France. tian Majesty cedes and guarantees to his said Britan

nic Majesty, in full right, Canada, with all its dependencies, as well as the island of Cape Breton, and all

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