The Labrador Boundary


Privy Council Documents


Volume II
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also omitted in Sir Guy Carleton's Commission of 22 April 1786

omitted in Haldimand's Commission of 18 Sepr. 1777

also omitted in Carleton's Commission of 1786

omitted in    Haldimand's Commission.

variation in Carleton's Commission of 1786

the Boundaries differ in Sir Guy Carleton's Commission of 22 April 1786.

has  

omitted in Sir G. Carleton's Commission of 1786

*to time

*omitted in Sir Guy Carleton's Commission of 1786

omitted in Haldimand's Commission

*therein  



p. 811                                JOINT


No. 189.

COMMISSION PASSED UNDER THE GREAT SEAL OF GREAT BRITAIN APPOINTING SIR GUY CARLETON

TO BE CAPTAIN AND GOVERNOR IN CHIEF OF THE PROVINCE OF QUEBEC.


PATENT ROLL, 15 GEO. 3. PART II. NO. 13.

Guy Carleton Esqr.
Governor of Quebec

    George the third by the Grace of God of Great Britain ffrance and Ireland King Defender of the ffaith etca [To Our Trusty and Wellbeloved Guy Carleton Esquire Greeting Whereas Wee did by Our Letters patent under our Great Seal of Great Britain bearing date at Westminster the Twelfth day of April in the Eighth Year of Our Reign Constitute and Appoint you 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 Saint John and from thence by a Line drawn from the Head of that River through the Lake Saint John to the South East of Lake Nipissin from whence the said Line crossing the River Saint Lawrence and Lake Champlin in fforty five Degrees of 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 Sea and also along the North Coast of the Bay des Chaleurs and the Coast of the Gulph of Saint 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 Saint John together with all the Rights Members and appurtenances whatsoever thereunto belonging for and during our Will and pleasure as by the said Recited Letters patent (Relation being thereunto had) may more fully and at large appear And Whereas We did also by Our Letters patent under our Great Seal of Great Britain bearing date at Westminster the Sixteenth day of March in the Twelfth Year of Our Reign Constitute and Appoint Molineux Shuldam Esquire to be Our Governor and Commander in Chief in and over our Island of Newfoundland all the Coast of Labrador from the entrance of Hudsons Streights to the River Saint John which discharges itself into the Sea nearly Opposite the West End of the Island of Anticosti including that Island with any other small Islands on the said Coast of Labrador and also the Islands of Modelaine in the Gulph of Saint Lawrence as also of all Our fforts and Garrisons erected and established in our said Islands of Newfoundland Antiscotti and Madelaine or on the Coast of Labrador within the Limits aforesaid for and during our Will and pleasure as by the said Letters patent (Relation being thereunto had) may more fully

p. 812

and at large appear Now know you that We have revoked and determined and do by these presents Revoke and determine the said Recited Letters patent granted to you the said Guy Carleton as aforesaid and every Clause Article and thing therein contained and We have also Revoked and determined and do by these presents Revoke and determine so much and such part of the said recited Letters patent granted to Molineux Shuldham Esquire as aforesaid as relates to the Coast of Labrador including the Island of Anticosti with any other the said small Islands on the said Coast of Labrador and every Clause Article and thing therein contained so far as the same relates to the said Coast of Labrador and the Islands therein before recited] 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 knowledge and meer motion have thought fit to constitute and appoint you the said Guy Carleton our Captain General and Commander in Chief in and over Our Province of Quebeck 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 Highlands which divide the Rivers that empty themselves into the River Saint Lawrence from those which fall into the Sea to a point in fforty 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 intersected by the Northern Boundary Granted by the Charter of the province of Pensilvania 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 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 Pensylvania and thence by a Right Line to the said North Western Angle of the said Province and thence along the Western Boundary of the said Province untill it Strikes the River Ohio and along the Bank of the said River Westward to the Banks of the Mississippi and Northward along the Eastern Bank of the said River to the Southern Boundary¹]

    ¹ This portion of the boundary description as varied in the Commission of the 22nd April, 1786, appointing Sir Guy Carleton to be Captain General and Governor in Chief of the Province of Quebec, reads as follows:
        "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         thence 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

p. 813

of the Territory granted to the Merchants Adventurers of England trading to Hudsons Bay and also all such Territories Islands and Countries which have since the Tenth of ffebruary 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 And we do hereby require and Command You to do and execute all things in due manner that shall belong to your said Command and the Trust that We have reposed in you according to the several powers and directions granted or Appointed You by this present Commission and the Instructions and Authorities herewith given unto you or by such further powers Instructions and Authorities as shall at any time hereafter be granted or appointed you under our Signet and Sign Manual or by Our Order in Our Privy Council and according to such Ordinances as shall hereafter be made and Agreed upon by you with the Advice and Consent of the Council of our said province under Your Government in such manner and form as is hereinafter expressed And Our Will and pleasure is that you the said Guy Carleton do after the publication of these Our Letters patent in such manner and fform as been heretofore accustomed to be used on like Occasions in the first place to take the Oaths appointed to be taken by an Act passed in the ffirst year of the Reign of King George the first Intituled (An Act for the further Security of his Majestys person and Government and the Succession of the Crown in the Heirs of the late Princess Sophia being Protestants and for Extinguishing the hopes of the pretended prince of Wales and his open and secret Abettors) And by an Act passed in the Sixth Year of Our Reign Intituled (An Act for Altering the Oath of Abjuration and the Assurance and for Amending so much of an Act of the seventh Year of her late Majesty Queen Anne intituled an Act for the improvement of the Union of the two Kingdoms as after the time therein limited requires the Delivery of certain Lists and Copies therein mentioned to persons Indicted of High Treason or Misprision of Treason) as also that you make and Subscribe the Declaration mentioned in an Act of Parliament made in the Twenty fifth Year of the Reign of King Charles the Second Intituled (An Act for preventing Dangers which may happen from Popish Recusants) And likewise that you take the Oath Usually taken by Govenors in the plantations for the due Execution of the Office and Trust of Our Captain General and Governor in and over our said province and for the due and impartial Administration of Justice and further that you take the

        that Lake and Lake Superior thence through Lake Superior northward         of the Isles Royal and Phillipeaux 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 Northwestern point thereof and from thence         on a due west course to the River Mississippi and northward to the         Southern boundary" . . .
    The foregoing variation of the boundary description was made in consequence of the Treaty of Versailles, 1783, between Great Britain and the United States of America, signed at Paris the 3rd September, 1783. By this Treaty His Britannic Majesty acknowledged the United States to be free, sovereign and independent states, and Article II fixed the boundaries between the British and United States territories in North America.

p. 814

Oath required to be taken by Governors of the plantations to do their utmost that the several Laws relating to Trade and the plantations be duly observed which said Oaths and Declaration Our Council of Our said province or any three of the Members thereof have hereby full power and Authority and are required to tender and Administer to you all which being duly performed you shall Yourself Administer to each of the Members of Our said Council (Except as herein after Excepted) the said Oaths mentioned in the said Acts Intituled (An Act for the further Security of his Majestys person and Government and the Succession of the Crown in the Heirs of the late Princess Sophia being Protestants and for Extinguishing the hopes of the pretended Prince of Wales and his open and secret Abettors) And (An Act for Altering the Oath of Abjuration and the Assurance and for Amending so much of an Act of the Seventh Year of her late Majesty Queen Anne Intituled An Act for the Improvement of the union of the two Kingdoms as after the time therein Limited requires the delivery of certain Lists and Copies therein mentioned to persons Indicted of High Treason or Misprision of Treason) as also cause them to make and Subscribe the afore mentioned Declaration and to Administer unto them an Oath or Oaths for the due Execution of their places and Trusts And Whereas Wee may find it expedient for Our Service that our Council of Our said province should be in part composed of Such of Our Canadian Subjects or their Descendants as remain within the same under the ffaith of the Treaty of Paris and who may profess the Religion of the Church of Rome It is therefore Our Will and pleasure that in all Cases where such persons shall or may be Admitted either into Our said Council or into any other offices they shall be exempted from all Tests and from taking any other Oath than that prescribed in and by an Act of Parliament passed in the ffourteenth Year of Our Reign Intituled (An Act for making more Effectual provision for the Government of the province of Quebec in North America) And also the usual Oath for the due Execution of their places and Trusts respectively [which last mentioned Oath Wee do hereby Authorize and require You to Administer to such Officers and persons accordingly] And Wee do further give and grant unto You the said Guy Carleton full power and Authority from time* and at any time hereafter by Yourself or by any other to be Authorized by you in that behalf to Administer (and give the Oaths mentioned in the said Acts* Intituled (An Act for the better Security of his Majestys person and Government and the Succession of the Crown in the Heirs of the late Princess Sophia being Protestants and for Extinguishing the hopes of the pretended Prince of Wales and his open and secret Abettors) And (An Act for altering the Oath of Abjuration and the Assurance and for amending so much of an Act of the Seventh Year of Her late Majesty Queen Anne Intituled An Act for the improvement of the Union of the Two Kingdoms as after the time therein limited requires the Delivery of certain Lists and Copies therein mentioned to persons Indicted of High Treason or Misprision of Treason) [or the said Oath mentioned in the said Act passed in the ffourteenth Year of Our Reign Intituled (An Act for making more effectual provision for the Government of the province of Quebec in North America)]* to all

p. 815

and every such person and persons respectively as You shall think fit who shall at any time or times pass into our said province or shall be resident or* abiding And Wee do hereby Authorize and empower you to keep and use the publick Seal of Our province of Quebeck for Sealing all things whatsoever that shall pass the Great Seal of Our said province and Wee do hereby give and grant unto You the said Guy Carleton full power and Authority with the Advice and Consent of Our said Council to make Ordinances for the peace Welfare and good Government of the said province and of the people and Inhabitants thereof and such others as shall resort thereunto and for the benefit of Us our Heirs and Successors Provided always that nothing herein contained shall extend or be construed to extend to the Authorizing and impowering the passing any Ordinance or Ordinances for laying any Taxes or Duties within the said province such Rates and Taxes only excepted as the Inhabitants of any Town or District within our said province may be Authorized by any Ordinance passed by You with the Advice and Consent of the said Council to Assess levy and apply within the said Town or District for the purpose of making Roads erecting and repairing publick Buildings or for any other purpose respecting the local Convenience and economy of such Town or District Provided Also that every Ordinance so to be made by You by and with the Advice and Consent of the said Councill shall be within Six Months from the passing thereof transmitted to Us under our Seal of Our said Province for Our Approbation or Disallowance of the same as also Duplicates thereof by the next Conveyance and in Case any or all of the said Ordinances shall at any time be Disallowed and not Approved and so Signifyed by us Our Heirs and Successors by Order in their or Our Privy Council unto you the said Guy Carleton or to the Commander in Chief of Our said province for the time being then such and so many of the said Ordinances as shall be so disallowed and not Approved shall from the promulgation of the said Order in Council within the said province Cease determine and become Utterly Void and of no Effect Provided Also that no Ordinance touching Religion or by which any punishment may be inflicted greater than ffine or Imprisonment for three Months shall be of any fforce or effect untill the same shall have been allowed and Confirmed by Us Our Heirs and Successors and such Allowance or Confirmation Signified to You or to the Commander in Chief of Our said Province for the time being by their or Our Order in their or Our privy Council Provided Also that no ordinance shall be passed at any meeting of the Council where less than a Majority of the whole Council is present or at any time except between ffirst day of January and ffirst day of May unless upon some urgent Occasion in which case every Member thereof Resident at the Town of Quebec or within ffity Miles thereof shall be personally Summoned to Attend the same And to the End that nothing may be passed or done by Our said Council to the prejudice of Us Our Heirs and Successors Wee Will and Ordain that You the said Guy Carleton shall have and enjoy a Negative Voice in the making and passing of all Ordinances as aforesaid And Wee do by these presents Give and Grant unto you the said Guy Carleton full power and Authority with the Advice and consent of our said Council

[1927lab]



 

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