(176)_1791. Sketch of the Western Countries of Canada," bound in work "Voyages and Travels of an Indian Interpreter and Trader......By J. Long......London, 1791."

The map extends to the western watershed of Lake Superior, and includes the Upper Mississippi. There is no boundary line on the west or on the north; but circling James' Bay, from the Albany to the Rupert, is the inscription: "Territories of the Hudson's Bay Company."

* See note to map, No: 83.

(177)_1791.-." A Map of North America......by D'Anville. Drawn and engraved for J. Harrison....[London] 1791."

From the south-east corner of Lake Mitassin, a dotted line, marked "Hauteurs des terres," runs north-easterly a distance of some 7° or 8°; no other limit is shown to "Canada" on the north, nor has it any bounds on the west. A coloured line runs from Lake Superior westerly along the Kamanistiquia (not named) and some streams which run to the north of, and almost parallel with, the line of the international boundary, to a point north of the westernmost point of the Lake of the Woods. This line seems intended to represent the southern boundary of Canada in that quarter. The source of the Mississippi is due south of the Lake of the Woods.

(178) 1794.-" North America, wherein are particularly distinguished the British Dominions, the United States and the adjacent Spanish Territories, by Thomas Kitchin, Hydrographer to His Majesty. London: Laurie & Whittle, ...1794."

An engraved line, commencing at a point north-east of Lake Mistassin, runs westerly along the watershed to a point south of Lake Abitibis, thence westerly, partly along and partly north of the watershed and partly north of what are there called the "Northern Mountains or the Land's Height" to the meridian of 90°, and thence north-westerly in the direction of Split Lake to the limit of the map, in longitude 93° 45', and latitude 521, about. It is marked "Boundary of Hudson's Bay Company." This line crosses the middle branch of the Moose, and also the head waters of one of the branches of the Albany. The international boundary is run to the limit of the map, nearly 20 west of the Lake of the Woods, at which point is the inscription: "Due west to the Mississipi." The Mississippi is cut off by the same limit in about latitude 46°: At the parallel of 45° is the inscription: "Thus far the Mississippi has been ascended." "Canada" has no limits assigned to it towards the west or north.

+See note to map No. 83.

(179) 1795." Map exhibiting all the new discoveries in the interior parts of North America, inscribed by permission to the Honourable Governor and Company of Adventures, trading into Hudson's Bay, in testimony of their liberal communications, by A. Arrowsmith, London. 1795, corrected to 1802."

This map shows the word "Upper" in "Upper Canada," north of Height of Land, the letter "U" being on the 50th parallel, in about longitude 87° 50'. There is no boundary indicated between Hudson's Bay and Canada. The map published in 1804, is the same in these respects. In the map published under the same auspices in 1822, the position of the words Upper Canada is changed to south of the height of land, the country north of height of land being marked as "Rupert's Land." In no other of Arrowsmith's maps is any boundary line indicated as between Canada and Hudson's Bay. It is a curious and perhaps significant fact, that in an edition of Arrowsmith's said map of 1795, and so dated, but published in 1850, the words "Upper Canada" had been re-engraved along the shores of Lake Superior, instead of being, as in the original, partly above the height of land.‡

These facts were ascertained through searches recently made in London at the instance of the Gov. ernment of Ontario.

(180) 1798.-"A new map of Upper and Lower Canada, 1798." (In work "Travels through the States of North America, and the Provinces of Upper and Lower Canada during the years, 1795, 1796 and 1797, by Isaac Weld, junior... London...1799.")

The map extends westward to and includes part of Lake Winnipeg. The name "Upper Canada," commences north of Lake of the Woods: no limits are assigned to that Province on the west or on the north.

(181) 1899.—Map, published by Phillips, London, 1799, in La Rochefoucauld's Travels, (Eng. Ed.)

Upper Canada" extends to the western limit of the map, in longitude 95°. From this limit, in about latitude 51°, a line, (which, produced, would probably have gone toward Split Lake) runs easterly, substantially following the height of land to a point near Lake Mistassin, thence northerly, on a winding course, to and a little beyond the River Rupert.

(182) 1802.-" Northern Hemisphere. London: Faden, Geographer to the King and to the Prince of Wales. 1802."

A line, engraved and coloured, commences north of Lake Mistassin, near the Slude River, and runs thence easterly and southerly to the height of land, which it follows to a point north of Lake Nepigon, whence it passes westerly and then north-westerly, to a river which runs into Lake Winnipeg from the north-east. The international boundary is run some little distance west of the Lake of the Woods, and forms, to that point, the southern boundary of" Upper Canada" and of " Canada." These names commence,— the first, north of Rainy River; the second, at Kaministiquia.

(183) 1808.-"Carte des Etats-Unis......par Tardieux. Paris, 1808" (being a new edition of his map of 1802).

The international boundary line is carried westward to Rainy Lake, where it is stopped by the limit of the map, in lat. 49°. Thus far it is also the southern limit of " Upper Canada." The Mississippi is doubly coloured, as the boundary line between Louisiana and the United States, to its source in White Bear Lake. Here the red colour which indicates the Louisiana side stops, and the green, which indicates the United States side, is carried northerly to a point outside the border of the map, where is the inscription: "Lake of the Woods." Hence it may be inferred that the northern boundary of Louisiana under the Treaty of 1763, was not considered by the Geographer to extend beyond the parallel of the source of the Mississippi.

(184) 1809.-"Map of Canada, etc.," in "Letters from Canada .............. By Hugh Gray....... London: 1809."

The names

"Canada" and "Upper Canada" respectively, commence at the western limit of the map, in about long. 102o.

(185) 1815.-" Map of the Provinces of Upper and Lower Canada, with the adjacent parts of the United States of America, etc..... By Joseph Bouchette. Published August 12th, 1815, by W. Faden, London." The dedication is to H. R. H. the Prince Regent, and is signed, "Joseph Bouchette, His Majesty's Surveyor-General for Lower Canada, and Lieut.-Col., C.M."

The map extends to the par. of 55° on the north, and to and including a part of Lake Winnipeg on the west. The height of land north of Lake Superior, etc., is clearly marked without being named. The international boundary line is run to the north-west angle of the Lake of the Woods, and forms to that point the southerly boundary of "Upper Canada ;" no limits are assigned to that Province on the north or west; the name commences at Lake Savane, north of the height of land, and continues so to the north till it deflects to the south on approaching the inter-provincial boundary, at Temiscaming. The Mississippi is coloured as a boundary line to its source in Turtle Lake, where the line stops.

(186)_1857.-"Map of North America, drawn by J. Arrowsmith,... London, pub'd. 1857, by John Arrowsmith. Ordered by the House of Commons to be printed, 31st July and 11th August, 1857." In the margin is the memo: "On this map the territories claimed by the Hudson's Bay Company, in virtue of the charter granted to them by King Charles the Second, are coloured green; the other British territories pink; and those of Russia yellow." This is another of the maps sent by the Hudson's Bay Company to the Dominion Government, for the purposes of the present arbitration.

It shews the Company's claim at that date, in respect of limits, to have been to all the lands, north of the international boundary line, whose waters flow, directly or indirectly, to Hudson's Bay or Straits, or into the bays and channels which are approachable through

these on the north: there is but one exception, viz. east of Lake Nepigon, where the waters of, or to the south of Long Lake, are cut by the line of boundary. Оп the Labrador coast the line does not approach Cape Perdrix, Grimington's Island. Davis' Inlet, or any other point which in the last century was claimed as its terminal point by the Company or by English Geographers. It runs from Cape Chudleigh (the entrance point of Hudson's Straits) southerly to and along the watershed. The portions of the northern watershed of the Missouri which is north of the international boundary, is not claimed to belong to the Company.

[A map published by the Company in 1850, for the information of Parliament, almost agrees with that of 1857.]

[See also the Memorandum by S. J. Dawson, Esq., M.P.P., on early Maps of the Disputed Territory, in Section XIII.] post.

IX.

International Negotiations: 1711–1761.

NEGOTIATIONS FOR THE PEACE OF UTRECHT.

OVERTURE FROM FRANCE.

That, as it could not be doubted but the King was in a condition of continuing the war with honour, so it could not be looked on as a mark of weakness in His Majesty to break the silence he had kept since the conference of Gertruydenberg, and that before the opening of the campaign; he now gives farther proof of the desire he always had to procure the repose of Europe. But after what he hath found, by experience, of the sentiments of those persons who now govern the Republic of Holland, and of their industry in rendering all negotiations without effect, his Majesty will, for the public good, offer to the English nation those propositions which he thinks fit to make for terminating the war, and settling the tranquillity of Europe upon a solid foundation. It is with this view that he offers to enter into a Treaty of Peace, founded upon the following conditions ::

First. The English nation shall have real securities for carrying on their trade in Spain, the Indies, and the ports of the Mediterranean.

Secondly. The King will consent to form a sufficient barrier in the Low Countries for the security of the Republic of Holland; and this barrier shall be such as England shall agree upon and approve; his Majesty promising at the same time an entire liberty and security to the trade of the Dutch.

Thirdly. All reasonable methods shall be thought of with sincerity and truth, for giving satisfaction to the allies of England and Holland.

Fourthly. Whereas the affairs of the King of Spain are in so good a condition as to furnish new expedients for putting an end to the disputes about that monarchy, and for the settling it to the satisfaction of the several parties concerned, all sincere endeavours shall be used for surmounting the difficulties arisen upon this occasion; and the trade and interest of all parties engaged in the present war shall be secured.

Fifthly. The conferences, in order to treat of a peace upon these conditions, shall be immediately opened, and the Plenipotentiaries, whom the King shall name to assist thereat, shall treat with those of England and Holland, either alone or in conjunction with those of their allies, as England shall choose.

Sixthly. His Majesty proposes the Towns of Aix-la-Chapelle or Laize, for the place where the Plenipotentaries shall assemble, leaving the choice likewise to England of either of the said Towns, wherein to treat of a general peace.

Done at Marlay, the 22nd of April, 1711.

DE TORCY.

TO LORD RABY.

WHITEHALL, April 27, 1711.

MY LORD, I send Your Excellency inclosed, by Her Majesty's order, the copy of an overture from France, which came a few day since to our hands.

The Queen's pleasure is, that Your Excellency do take the first opportunity of communicating it to the Pensionary,* and of letting that Minister know, that Her Majesty, who is resolved, in making peace as in making war, to act in perfect consort with the States, would not lose a moment in transmitting to him a paper of this importance.

Your Excellency will please to add that the Queen earnestly desires this secret may be kept among as few as possible, and that she hopes the Pensionary will advise upon this occasion with no person whatever, except such as are by the constitution of that government, unavoidably necessary.

As soon as the matter has been considered in Holland, Your Excellency will please to despatch Barlow, who brings you this pocket-book, with the opinion of the Dutch Ministers.

Mr. Prior is fully instructed and authorized to communicate our preliminary demands to France, and to report the answer to us.

A. R.

BOLINGBROKE TO THE QUEEN.

WHITEHALL, September 20th, 1711.

He (M. Mesnager) has put into our hands the answer signed by the King of France to the demands last sent over by your Majesty's order, and this answer complies with every article except the 8th, relating to North America. We find, however, that we shall be able to compound this point with him in the manner which your Majesty some time ago proposed to pass it in, provided France gave you satisfaction on the 7th article, as she has now entirely done.

PRELIMINARY DEMANDS OF GREAT BRITAIN MORE PARTICULARLY.

1. The succession to the Crown of these Kingdoms, according to the present establishment, shall be acknowledged.

2. A new Treaty of Commerce between Great Britain and France shall be made in the most just and reasonable manner.

3. Dunkirk shall be demolished.

4. Gibraltar and Port Mahon shall remain in the hands of those who now possess them.

5. The Treaty of the Assiento shall be made with the English in the same manner as the French hold it at present; and such places in Spanish America shall be assigned to those concerned in the traffic, for the refreshment and sale of their negroes, as shall be found necessary and convenient.

6. All advantages, rights and privileges now granted, or which may be hereafter granted by Spain to the subjects of France, or of any other nation whatever, shall be in like manner granted to the subjects of Great Britain.

7. And for the better protection of commerce in Spanish America, the English shall then be put into possession of such places as shall be named in the Treaty of Peace. France having offered a real security for the trade of her Majesty's subjects in Spanish

* Buys.

America, no one doubted but that such places were intended; and in confirmation of this opinion, France proposed Gibraltar as a security to the commerce to Spain and the Medi terranean. The advantages and privileges offered by M. Mesnager cannot be considered as real securities; it will always be in the power of Spain to resume them, therefore it is supposed that France is under an engagement either to cause to be ceded to Great Britain the places demanded in that Article, or to procure for that nation some new advantages, such as the love of peace may induce them to look upon as an equivalent; upon this they consider themselves as under an obligation to insist that the Minister aforesaid be furnished with full powers. And to mark still plainer the sincerity with which the treaty is carried on, and the desire of her Britannic Majesty to promote a general peace, she judges it expedient to declare that the difficulty which occurs upon that Article may be removed by granting to her the following:

That the Pacte de Assiento be made with Great Britain for the term of 30 years. That the entire island of St. Christopher be assured to Great Britain.

That the advantages and exemptions from duties promised by M. Mesnager, and which he affirms to amount to 15 per cent. on all merchandise of the growth or manufacture of Great Britain, be effectually allowed.

Great Britain can refresh the negroes at Jamaica, and there distribute those to be sent to La Vera Cruz, to Portobello, and to the other factories in that part of the Indies. But as on the coast of the River de la Plata the English have no colony, it is required that an extent of land be assigned upon this river, where they may not only refresh their negroes, but keep them in safety until they be sold to the Spaniards. And as in this demand no trick is meant, they shall be in this respect subject to the inspection of an officer to be appointed for this purpose by the King of Spain.

8. Newfoundland, Hudson's Bay and Straits shall be completely restored to the English. Great Britain and France shall respectively keep and possess all the countries, domains and territories in North America that each nation shall be in possession of at the time when the ratification of the treaty shall be published in those parts of the world.

THE ANSWER OF FRANCE TO THE PRELIMINARY DEMANDS OF GREAT BRITAIN, MORE PARTICULARLY.

The King being particularly informed by the last memorial which the British Minister delivered to M. Mesnager, of the dispositions of that Crown to facilitate a general peace to the satisfaction of all parties concerned in the war; And His Majesty finding in effect, as the said memorial declares, that he runs no hazard by engaging himself in the manner therein declared, since the preliminary will be of no force until the signing of the general peace, and being besides sincerely desirous to advance to the utmost of his power the re-establishment of the repose of Europe, especially by a way so agreeable to His Majesty as the interposition of a Princess, whom so many ties of blood ought to unite to him, and whose sentiments for the public tranquillity cannot be doubted.

His Majesty, moved by these considerations, has ordered M. Mesnager, Knight of his Order of St. Michael, Deputy of the Council of Commerce, to give the following answers, in writing, to the articles contained in the memorial transmitted to him, intituled "Preliminary Demands of Great Britain more Particularly."

1. His Majesty will acknowledge the King of Great Britain in that quality, as also the succession of that Crown according to the present establishment.

2. The King consents to make a new Treaty of Commerce with Great Britain in a manner most just, reasonable, and advantageous to both nations.

3. Although Dunkirk has cost his Majesty very large sums, as well in the purchase of it as in its fortifications, and though it be necessary still to be at a considerable charge to destroy the works, the King will, nevertheless, engage to demolish them immediately after the conclusion of a peace, provided that for the fortifications of this place he receive a proper equivalent; and, as England cannot furnish that equivalent, the discussion of it shall be deferred to the conferences to be held for the negotiations of a general peace.