The Labrador Boundary


Privy Council Documents


Volume I
Contents




JOINT APPENDIX.

Page 45
sponsored by
the Labrador Institute,
Happy Valley - Goose Bay, NL

Page 46
sponsored by
Dr. Evan Simpson,
St. John's, NL

Page 47
sponsored by
Tanya Saunders,
Conception Bay South, NL

Page 48
sponsored by
Dr. David Graham,
St. John's, NL


p. 44

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 Baye 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 of St. John.
*     *      *      *
  "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 to Hudson's Streights, together with the Islands of Anticosti and Madelaine, and all other smaller Islands lying upon the said Coast, under the care and inspection of our Governor of Newfoundland.
*      *      *     *
  "And whereas it is just and reasonable, and essential to our Interest, and the Security of our Colonies, that the several Nations or tribes of Indians with whom we are connected, and who live under our Protection, should not be molested or disturbed in the possession of such parts of our Dominions and Territories as, not having been ceded to or purchased by Us, are reserved to them,

p. 45

or any of them, as their Hunting Grounds—We do therefore, with the Advice of our Privy Council, declare it to be our Royal Will and Pleasure, that no Governor or Commander in Chief in any of our Colonies of Quebec, East Florida, or West Florida, do presume, upon any Pretence whatever to grant Warrants of Survey, or pass any Patents for Lands beyond the Bounds of their respective Governments, as described in their Commissions; as also that no Governor or Commander in Chief in any of our other Colonies or Plantations in America do presume for the present, and until our further Pleasure be known, to grant Warrants of Survey, or pass Patents for any Lands beyond the Heads or Sources of any of the Rivers which fall into the Atlantic Ocean from the West and North West, or upon any lands whatever, which, not having been ceded to or purchased by Us as aforesaid, are reserved to the said Indians, or any of them.
  "And we do further declare it to be Our Royal Will and Pleasure, for the present as aforesaid, to reserve 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 Company, as also all the Lands 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 Purchases or Settlements whatever, or taking Possession of any of the Lands above reserved, without our especial leave and Licence for that Purpose first obtained.
  "And, We do further strictly enjoin and require all Persons whatever who have either wilfully or inadvertently seated themselves upon any Lands within the Countries above described, or upon any other Lands which, not having been ceded to or purchased by Us, are still reserved to the said Indians as aforesaid, forthwith to remove themselves from such settlements."
p. 46

  (iii) The British North American (Quebec) Act, 1774 (also known as The Quebec Act, 14 Geo. III. chap. 83 (Imperial) ), recites and enacts, by the preamble and first section, as follows:—

  "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 had been made in respect to certain Countries, Territories and Islands in America, ceded to His Majesty by the definitive Treaty of Peace, concluded at Paris on the Tenth Day of February, One thousand seven hundred and sixty three: And whereas . . . . certain Parts of the 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 Government 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, " &c.
  "That all the Territories, Islands, and Countries in North America, belonging to the Crown of Great Britain, . . . . and also all such Territories, Islands and Countries, which have, since the Tenth of February, one thousand seven hundred and sixty three, been made Part of the Government of 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 of October, One thousand seven hundred and sixty three."

  (iv) The Newfoundland Act, 1809 (also known as The Newfoundland Judicature Act), 49 Geo. III., chap. 27 (Imperial), enacted, by sections 14 and 15, as follows:—

  "XIV. And whereas His Majesty by His Proclamation of the Seventh Day of October, One thousand seven hundred and sixty-three, was pleased to declare that he had put the Coast of Labrador from the River Saint John to Hudson's
p. 47
Streights, with the Islands of Anticosti and Madelaine, and all other smaller Islands lying on the said Coast, under the Care and Inspection of the Governor of Newfoundland: And whereas by an Act passed in the Fourteenth Year of the Reign of His present Majesty, intituled, An Act for making more effectual Provision for the Government of the Province of Quebec in North America, all such Territories, Islands and Countries, as since the Tenth Day of February, One thousand seven hundred and sixty-three had been made part of the Government of Newfoundland, were, during His Majesty's Pleasure, annexed to and made Part of the Province of Quebec, as created by the said Proclamation: And whereas in pursuance of an Act passed in the Thirty-first Year of His present Majesty's 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 the Province of Quebec in North America, and to make further Provision for the Government of the said Province, the said Province of Quebec was divided into Two Provinces of Upper and Lower Canada, the latter including the Parts of the Coast of Labrador and the said Islands so formerly annexed to the Government of Newfoundland: And whereas it is expedient that the said Coast of Labrador, and the adjacent islands (except the Islands of Madelaine) should be reannexed to the Government of Newfoundland; be it therefore enacted, That such Parts of the Coast of Labrador from the River Saint John to Hudson's Streights and the said Island of Anticosti, and all other smaller Islands so annexed to the Government of Newfoundland by the said Proclamation of the Seventh Day of October, One thousand seven hundred and sixty-three (except the said Islands of Madelaine) shall be separated from the said Government of Lower Canada, and be again re-annexed to the Governluent of Newfoundland; anything in the said Act passed in the Thirty-first Year of His present Majesty's Reign, or any other Act, to the contrary notwithstanding.
p. 48
  "XV. And be it further enacted, that it shall be lawful for the said Supreme Court of Judicature of the Island of Newfoundland to hold Plea of all Crimes and Misdemeanors, committed, and of all Suits and Complaints of a Civil Nature arising within such Parts of the Coast of Labrador from the River Saint John to Hudson's Streights and the said Island of Anticosti, and all other smaller Islands so re-annexed to the Government of Newfoundland or on the Islands, Seas, and Harbours, to which Ships and Vessels repair from the Parts of the Coast of Labrador and the Island and Islands so re-annexed to the Government of Newfoundland for carrying on the Fishery, in the same Manner as the said Supreme Court holds Plea of Crimes and Misdemeanors committed, and of suits and Complaints of a Civil Nature arising within the Island of Newfoundland, and on the Islands and Seas aforesaid, and on the Banks of Newfoundland."

  (v) The British North America (Seignorial Rights) Act, 1825, 6 Geo. IV., also known as The Canada Tenures Act, 6 Geo. IV., c. 59 (Imperial) enacted, by sec. 9, as follows:—

  "IX. And whereas under and by virtue of a certain Act passed in the forty-ninth year of the reign of his late Majesty King George the Third, intituled 'An Act for establishing courts of judicature in the island of Newfoundland, and in the islands adjacent; and for re-annexing part of Labrador, and the islands lying on the said coast to the Government of Newfoundland'; and of the Act passed in the fifth year of the reign of his present Majesty, intituled 'An Act for the better administration of justice in Newfoundland, and for other purposes,' the coast of Labrador, from the river Saint John to Hudson's Streights, and the Island of Anticosti, and all the Islands adjacent to the said coast, except the islands of Madelaine, are annexed to and form part of the government of Newfoundland; and it is expedient that certain parts of the said coast of Labrador should be re-annexed to and form part of the province of Lower Canada: Be it therefore enacted that so much of the said coast as lies to

[1927lab]



 

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