tions to the governors and other officers in the Plantations, in relation to the illegal trade between the said Plantations and the said French settlements. We are, My Lord, Your most obedient and humble servants, PH. MEADOWS. ARTHUR MOORE. THOS. VERNON. Whitehall, Aug. 14th, 1714. APPENDIX P. MEMORIAL from M. de Torcy, 7th January, 171, for Mr. Prior. The 9th (10th) article of the plan imports, that the King shall give up to the Queen of Great Britain, Hudson's Bay &c., in the manner they are now possessed by the King and the French. The plenipotentiaries of Great Britain insist that it shall be expressed, that France shall restore not only what has been taken from the English, but also all that England has ever possessed in that quarter. This new clause differs from the plan, and would be a source of perpetual difficulties; but to avoid them, the King has sent to his plenipotentiaries the same map of North America, as had been furnished by the plenipotentiaries of Great Britain. His Majesty has caused to be drawn upon this map, a line which describes the boundaries in such a manner as he has reason to think they easily may agree [upon] this point on both sides. If, however, there should be any obstacle which the plenipotentiaries cannot remove, the decision must be referred to commissaries to be named for the adjustment of the boundaries of America. The same article says that the King's subjects shall be at liberty to depart from their lands, in places ceded by his Majesty to the Crown of Great Britain, to carry with them their goods and moveables and to go whereever they please by sea or land. The plenipotentiaries of France have also reserved to them the right of disposing of their immoveable effects in the space of three years. The plenipotentiaries of Great Britain agree to one year * * * * Under the name of places ceded they include Acadia and the Island of St. Christopher. Under the name of places restored, Hudson's Bay and Straits, and the Island of Newfoundland. Upon Article 10 (11) the plenipotentiaries of France demand, that the English, obtaining the right to prefer their complaints of loss sustained in Hudson's Bay before the commissaries, the King's subjects should have the same right with regard to the business at Nevis and Gambia. This mutuality, which the plenipotentiaries of Great Britain have not yet been willing to grant, seems just, the English shall have the same liberty to represent their losses at Montserrat, and to solicit a reparation, which shall be granted to them. EXTRACT. Marquis de Torcy to Lord Bolingbroke, December 29th, 1712. In the name of God, sir, order your plenipotentiaries to be less excellent grammarians Ours, who also understand the force of Latin expressions, are out of patience when they see difficulties, which have been long adjusted, started again, and the difference between cession and restitution, and the meaning of those terms. In truth, sir, such questions ought not to be the amusement of honourable men. They are at best excusable only to those to whom we may apply amantium iræ. Finish these disputes, which, if they continue longer, will only profit our enemies. EXTRACT. Lord Bolingbroke to Marquis de Torcy, 7th January, O. s., 171. There are certain things which derive their consequence purely from being disputed; the difference between the expressions cedendis and restituendis, between assumpsit and usurpavit or arrogavit is not very essential; the mind was, however, not a little heated in the dispute, and it required some trouble to convince certain people that the matter was not worthy of attention. MEMORIAL concerted with Marquis de Torcy, 19th January, 1713, and forwarded to Lord Bolingbroke, by the Duke of Shrewsbury. The inhabitants of Hudson's Bay, subjects of the Queen of Great Britain, who have been dispossessed of their lands by France, in time of peace, shall be, entirely and immediately after the ratification of the treaty, restored to the possession of their said lands; and such proprietors shall also have a just and reasonable satisfaction for the losses they have suffered, with respect to their goods, moveables and effects; which losses shall be settled by the judgment of commissaries, to be named for this purpose, and sworn to do justice to the parties interested. As to the limits of Hudson's Bay, and what the ministry here seem to apprehend, at least in virtue of the general expression, tout ce que l'Angleterre a jamais possedè de ce coté la, (which they assert to be wholly new, and which I think is really so, since our plenipotentiaries make no mention of it,) may give us occasion to encroach at any time upon their dominions in Canada, I have answered, that since, according to the carte which came from our plenipotentiaries, marked with the extent of what was thought our dominion, and returned by the French with what they judged the extent of W theirs, there was no very great difference, and that the parties who determine that difference, must be guided by the same carte. I thought the article would admit no dispute. In case it be either determined immediately by the plenipotentiaries or referred to commissioners, I take leave to add to your Lordship that these limitations are no otherwise advantageous or prejudicial to Great Britain than as we are better or worse with the native Indians, and that the whole is a matter rather of industry than dominion. If there be any real difference between restitution and cession, quæritur? Yet since, in either case, the right of the inhabitant as to transferring his goods and effects, or disposing of his person and family is always provided for in treaty, I leave it to your Lordship's better judgment if a fixed time in either case, (suppose eighteen months or two years) does not put the subject, who is to have the benefit which restitution or cession grants him, upon a more equal foot, &c.—Prior to Bolingbroke, 8th January, n. s., 1713, Hard. St. P. Vol. 2, p. 500. APPENDIX Q. LICENSE OF EXCLUSIVE TRADE TO THE HUDSON'S BAY COMPANY. GEORGE R. (L. S.) GEORGE the Fourth, by the Grace of God of the United Kingdom of Great Britain and Ireland King, Defender of the Faith. To all to whom these presents shall come, greeting: WHEREAS an Act passed in the second year of our reign, intituled, "An Act for regulating the Fur Trade, and for esstablishing a Criminal and Civil Jurisdiction within certain parts of North America;" wherein it is amongst other things enacted, that from and after the passing of the said Act, it should be lawful for us, our heirs or successors, to make Grants or give our Royal License, under the hand and seal of one of our Principal Secretaries of State, to any body corporate or company, or person or persons, of or for the exclusive privilege of trading with the Indians in all such parts of North America as should be specified in any such Grants or Licenses respectively, not being part of the lands or territories heretofore granted to the Governor and Company of Adventurers of England, trading to Hudson's Bay, and not being part of any of our provinces in North America, or of any lands or territories belonging to the United States of America, and that all such Grants and Licenses should be good, valid, and effectual, for the purpose of securing to all such bodies corporate, or companies, or persons, the sole and exclusive privilege of trading with the Indians, in all such parts of North America (except as thereinafter excepted) as should be specified in such Grants or Licenses, any thing contained in any Act or Acts of Parliament, or any law to the contrary notwithstanding; and it was in the said Act further enacted, that no such Grant or License made or given by us, our heirs or successors, of any such exclusive privileges of trading with the Indians in such parts of North America as aforesaid should be made or given for any longer period than 21 years, and that no rent should be required or demanded for or in respect of any such Grant or License, or any privileges given thereby, under the provisions of the said Act, for the first period of 21 years; and it was further enacted, that from and after the passing of the said Act, the Governor and Company of Adventurers of England trading to Hudson's Bay, and every body corporate and company and person, to whom every such Grant or License should be made or given as aforesaid, should respectively keep accurate registers of all persons in their employ, in any parts of North America, and should once in each year return to our Principal Secretaries of State accurate duplicates of such registers, and should also enter into such security as should be required by us for the |