Documents illustrative of the Canadian constitution


1 The text is reprinted from the “ Collection of Treaties between Great Britain and other powers,” published by George Chalmers at London in 1790. In that collection the Treaty of Utrecht is, according to the compiler, “printed from the copy which was published by authority in 1713.”

2 The two dates here given are according to the Old Style and the New Style ; the latter had been adopted by France in 1582, and it was not adopted in England till 1751.

3 For the Charter of the Hudson Bay Company see Ontario Sessional Papers, vol, xi, No. 31.

4 The boundary was never determined by the commissaries appointed under the Treaty of Utrecht (Ont, Sess. Papers, vol. xi. No. 31, p. 136 p.), and it remained un- settled until Canada became a British Province. There was then no pressing reason for defining it, and it remained undetermined until it was defined by the Imperial Act of 1889, 52 & 53 Vict. cap 28, which settled the northern boundary of Ontario.

5 These ancient boundaries are thus given by Murdoch in his “History of Nova Scotia or Acadia”: “Acadia was then bounded on the north by the Gulf of St. Lawrence, on the east by the Atlantic, on the south by the river Kennebec, and on the west by the Province of Canada, its northwesternmost boundary being in Gaspe Bay.” Thus defined, Acadia included the present Provinces of Nova Scotia and New Brunswick, and part of the State of Maine. The St. Croix river is named as the boundary, instead of the Kennebec, in the Commission to Walter Paterson. ince Edward Island, in 1769, and this definition is repeated in the Commission to Thomas Carleton. the first Governor of New Brunswick, in 1781. (See Dominion of Canada Sessional Papers, vol. xvi. No. 70.) For an account of disputes between the French of Acadia and the British Colonists of New England over the district between these two rivers, see Kingsford’s “History of Canada,” Murdoch’s “ History of Nova Scotia,” and the volume of “Selections” mentioned in Note 6.

6 Governor Philipps was instructed, in 1729, to appoint Commissioners to confer with Commissioners appointed by the Governor of Canada as to the boundaries of Acadia. This was never done, and for correspondence on the subject see “Selections from the Public Documents of the Province of Nova Scotia,” Halifax, 1869. Gov. Philipps’ instructions are given in the Dom. Sess. Papers, Vol. xvi, No. 70.

7 Compare the provisions of this treaty respecting fishing privileges with those reserved to France in the Treaty of Paris, 1763. See also the provisions in the Treaty of Versailles, 1783, relating to the same franchises; and the provisions of the Treaty of Paris, 1783, the Treaty of Ghent, 1814, the Convention of 1818, and the Treaty of Washington, 1871, dealing with the claims of the United States to the Canadian fisheries. For these documents see Appendix A.

8 This right was exercised in the case of Louisburg, which was made the centre of French operations in Acadia. Cape Breton was finally ceded to Great Britain by the Treaty of Paris, 1763.

9 Compare the concessions made in the articles of capitulation of Montreal, 1760; in the Treaty of Paris, 1763; in the Quebec Act, 1774; and in the Constitutional. Act, 1791.”

Houston, William. “Documents illustrative of the Canadian constitution” Toronto : Carswell, 1891″