Kingston Gazette (Kingston, ON1810), September 15, 1818, p. 2

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ybuds reall and uruly pledged foribo jf oa rjir rra irot fraztmft any wife affca c touujae9 trfl ae redemd in -hi- me j the welter boundary of ibe province arryovha cnwy the hucifons i ay j chatter wa rhos rt gned by aft ot y oi i ne provu rf itnpcr canada prcfcflta a mixed jqnrllion of iiftory law and geography to under inn- 1 it rightly it is neceffary f recur to the charter of the hndfons by colony the treaty f peace in 1763 the quebec ad of 1774 ile eyof 1 7 s3 a explained by that fit ghent sr 14 a d the royal procla mation dividing the province of qnejjec into the province of lower and upper anada in 1 79 j in 1670 king charge fecond granted to the governor and i ompany of adventurers of england trading into hndlms ay commonly tyled the hud funs bay lmpanv the trade and commerce of all thofe leas heights bays nversj lakes creek- and fou in tchatf ever latitude they hall he r j lie within the entrance f the stretches commonly called iudlbns streights c in hc l f ftoek hedged f r mon lent and tot f redeemed which faid ds anl rtick fo pledged and roi fo redeemed fiiall he fold by the fail company at public sale at 3v twje not led titan ten dav afrcthe peri d for redemption and if upon fttcfa fav nf goods of s ck there hall be a iirpluft auer deducting the cxpences of s- mc the pavn cnl of the money few fnch furpitw hat be paid to the p ijwktow th reof refneftivdy twentv third the board of di tt irs are lueby fully empowered to rake each nhffr bye laws and repnla- fions for the government of tht affair omh- company and that of their offi cers and fiirvtflua a they or a majority of thecn frail from time to time ihi k ex- pedxnt not incouliftcni with law or thefe zniee of iff ciatin twenty fourth tbi aflbriatnw frail continue twenty years fiom the firlt day it commence operation and no longer but the proprietor- of two thirds of ch capita stock of tin company may by their concurring votes at a general mee ting t be called for that exprefs put pole ievife or alter thrle articles or any ofli or defoneihr company any i j edar 11 l ifhnd pnrpiol provded that notice ot tcrntori plantations fo nfnruucati inch meeting and us fmrct mall b publ idled in all the provincial neovr-pa- per tor six months previous to the time appointed for fuch meeting and pro ided aho tint noievifionci alteration of tiklc aiticles hill fuhjed any llock- h icier ir stockholder to be bound be yond the amount of his her or thcii stack twenty- fifth immediately on any dtif notion of this atciatin eft uai meafureft fhill be taken by the directors then exitling for doling all the concern of the company and for dividing the ca ptal and profits 1 which may remain auvuig the stockholders in proportion to their refpedtive iuterelt in wltnefi whereof we have hereun to let our- names at kingilon 7 3 niontlir pnliament in theyar 1774 a it had been by fveal fornitr flatutes and its territory wag pnardrd airainil any en- croarbment upon iu bonndaiies by the extended boundary of the province of quebec at the fame time the prov ince of quebec va mde to adjoin tht hudfonvbiyjenitory on it 4i fouth ern boundary and ihence eaflward and northward as far as the territories of the liiiia crown extended in that directi on there was nc intervening indidn i territory belonging to the ritifh crown j left any where between the province of 1 quebec and the hudfons jjay colony j 1 he fame line of limits wherever it may j be alccrtained to run was conftituted i the common boundary of both iut at what point did the weftcrn boundary line of the province of que- tooether with all the lands ana teni ories ft ftrike the- fouthrrn uunday of the upoto the countries ecalb and confine hti3fonsbay territory i lhatiaaquef fthefcas bav lakesrivers creek- j otl which thef have beer different 1 r inc icaa dayft iakesrivers creett- j w ifc andhunjs afircfaid c cottftltrjtilwr i w9 dancing and writing acalemy mr johnson refpeafully in- forom the inhabirauu t kingv- ton and its vicinity that be ha opened o dancing academy at the large room in the houfe of dir fiiklc days of tu ition will be on tuesdays thursdays and jrrhhvi through the term rom 5 to 6 oclock p m for the intlniction of y vug ladies and from 7 to 9 oclock in the evening of he fame day for the inlruftion of young gentlemen r j a fo continues hi writing rfca- fftmv at the lame room on monday- weduefdays and satiirdays from 4 to 6 oclock p m and from 7 to 9 oclock in he evening of the fame days ah thofe who tbmk proper to patronize mr j in either of the above branches of education may reft allured that no eser- ttoi fhad he wanting on bin prt in or der t merit the approbation of all con ccriud n b for terms apply to mr j atj hia room i6- wanted a man and two maid servants one toad in the capacity of c k and houie maid the oher as houfe and lady maid a married couple without any family of good gharacler will anfwef- good wages will be given enquire at the printing oifi e kiugllitn ept 14th 1 8 1 a caution all perfons ate hereby forbid pur- chafing ot receiving a note ot hand given the 20th november 1815 to dvid white by the luhfciibcr am unt wg 10 i 1 6 4 and now in the hands of john white late tanner of bellville a laid note wa paid in full in may zsts johnbleeker murray sept 14th i8ib 16 f o r s l e cn riafoable terms a farm j containing 180 acres f land ciuatedio the fixth toivuuf which 140 aera arc under lmprovemcnd for furthej paiticdar inquire of the printer won rlvu st germai kingilon 14th vpt 1 8 1 8 16 ls flaken or gone away from the j lower end of v3r mitchell itoic on the night of the ftth inlt a batteau wh eve will return aid 5aueau or inform rne filcribrr where it is will be feafoftably rewanird john mcarthur iftt 5 a 1818 i6w2 ktmhnn o faonei or coonies where the laid orrpanys fatilorie and trade sre or fh 11 he withm any of the parts cr place ature liritid ball be immediately ir from henctrorth under the power and command of the fid governor and company tbfi succeftors and alfigns l that the fajd land be from heucefoith reckoned and rcputrd as oie of wui plantationsor golontes in america fi that it fhall and my be lawful fol the laid governor and ompany and then ijcceftors from lime to i ime to aflemhle themfelves c to make ordain and conftitute fuch and f many rcafonable aw conftttutiottr orders and ort- nmces an to them or the greater part of j thev being then and thee prefect lhall feem neceflaiy ard convenient fn the gcd government of the faid com p my and of all governors of colonic i forts and plantation c w any of the rertitftfifit and lands aforcfaid c fiving always the allegiance due to the king his htirs and fucceflota it is not neccftiry to our prefent pur- h fc to recite any roie rf this barter or to ennfider what powers of govern meni it conferred upon the company in all eflvntial points it i fimilar to the charters of territory and jurifditiion granted to the governor and company of mflachufetu bay and other ameri can colonies by the fame king his prrde rfi rn and fucceffors by virtue of which rovil grants the grantees their hcisaiid alliens held and ftiil continue to hld the lands fo granted to them rcfrrcxvcly bv a fair conftruflin of the terms of this charter compared with other co lonial charter given in thofe early times when the geography of rhe interior of north america was imperfectly known it included all the countries territories and lands in whatever latitude thev are from which the waters run into msidlons bay of courfe it extended on the otith to the highlands from which the dream defcend foutherjy into the mif fiffippiand miftouri and northerly in to the lake of the woods the rtd hiv- er and other water- of the faid indfma bay and on the fouth ealt it ext nded to the highlands from which the llrcams divide and fluw into lake superior and other water of the st lawrence on ore fide and on the other north weft er- iy into the lake of the woods and -th- e waters of hudlon bay until a long lime fuhfeqnent to the hudfons bay charter ianada wa- a french ctdony in th- war which ore- ceded t he peace f 173 it was conquer ed and became a britifti prvince by the treaty o 763 thr river mifllfg pi was eftabifhd a tnc weilern boundary of the liritilb dominions in that part of the ontincnt fepaating them from thofe of spain although it was not de fined how far north the spanifh territory rxiidcd 11 the well lide of the mil- j flfltppi ir was however actually pof fifled and fetted fome ditiauce above the mouth ot the ohio by the i4h of king gorge the 3d comm nly called he qj bee aft all the trritories iflnnds and cuntrir in north mcrica belonging to the crovpn of great titain bnindcd on the ib hy a line drawn from the bay f ha n through the st lavyrrnce lakes ontauo and erie aloni the weilern boundary f peinfyna i te vr ohio and alcn the bnnhs f the faid i he argument in fnpport of this conj rrndion of the aft n that althou hthej term northward would admit of a cmtrfr deviating frcm due wefl either to the weftor thetaft yt without fome- thing to require fuch a deviation due noith mud be prefixed and that there is nothing in this defcription thus toj qualify he term thnojiuion is eitited to refpeci from the refpeftabilhy of thofe who have maintained it bwl with deference i j beg- leave to diflenl from it and fubmit to the public fo e h fons in f ivr of a j different interpretation the aft ift lfa meridional line paffing thm much retch of langria be dcooojina- red in the ohiraltiie of the river from the ohio upward the line defcribed in the aft is 11 northward to the southern boundary of the hudfons bay territory it is not diteftcd to the eajlern boundary or the boundary generally without refer ence to any quarter of rhe compafs but expremy to the ftmiiern fide of the boundary this expreftion ii4 perfeftly fatiified by the constiuftion for which i contend in favor of the miffiflippi as the boundary up to its fource from whence a north line in a comparatively fhort ditiauce irikes the height of lain forming the font hern boundary of the original olony of hudfons kay where as the line of longitude of the mouth of the ohio if we may judge from the bed maps yet made of that country docs not touch ucjouthern but the eajkm fide of the hudfons ayteiritovy for thefe reafons i am of opinion that the limits or the province ofquebcc an extended by the statute were the river milfiffippi from the ohio up to its fource then north to the fouthern boundary of the h unions bay territory that isthe highlands dividing the dreams as defcribed ihence eaftcrly atd north erly ah the boundaries of the faid terri tory run nine years afterwards in 1783 the treaty of peace acknowledged the na tional independence of the united states and eftablifhed the line of limits between ttm and the adjoining rrinfh domin ions from tht 4h deg e of lati tude alori t noddle of the st law rence the lakes ontario erie huron and superior and their intermediate water communications and fr m lake superior not th ward of the files royal and philhpoeaux to the long lake thence through the middle of faid long lake and the water commu- tt ferves to explain the feafeofihetiej ty of 1 7 s3 fo far as this that the line intended by it was to run from lake su ptrior to the lake of the woods this interpretation of the treaty is now confirmed beyond all doubt bv the treaty of ghent which in conformity with mr jeffeifoti ideas has provided a board of torn tiffi mere to fix and de termine the treaty boundary from lake superior to the most northwestern point of the lake of the woods and no fuith- er as to what lies beyond no piovs fion is made for fettling the boundary line but fo far it is ctlablifhed alt in not yet aftually furvcyed by the com- miiiioners apjointed under the treaty south of that line there iu a confijerable traft of country from which the waters run northerly into the lake of the woods and thence into hudfons bay which trudt or land u therefore within rhe huclfouf bay grant ae it refpeas 1 he right of property in the foil the grant being completed in due form whih the ijritilh crown had the undoubted prero- i gative of making fuch grant ought not to be affected by the fubfequert tranjiftf of the juriidiftion from a itiufh colottif to the united states that however is a point njt at prefent under coniidcra- tion in 1791 his majesty by a royal proclamation coi responding with tlje aft of 3 1st of george 3d divided the province of quebec into the provincea j of lower and upper canada tht it of diviiion was drawn from the law rence near point an loudet in feverat courfes to the river ottawa then up the faid river into the lake tomnutcnii- ning and from the head of fnid like dire north- until it strikes the boundary line of hudfons hay including in upper canada 4 all the territory to tin- west ward and fouth ward of the faid line to the utmost extent of the country i6m iii- ild me 1c umiuu llll iai l- n anu int flu lvuiriiu- 1 tilc lttiilo cmtlll ul iiic c i i ltl- that place had beef intended it might i nicari n between it and the lake of the j monly called or known by the rtc nf have been fo cxpreff d with the utmoft woods thence through the faid lake canada j that i tbewestetl to h- cafe and with absolute mathematical to the mod northweftern point thereof certainty there a n- need o doubtful or indr finite expreffion tiff of the word u northward theref it any nd from thence on a due welt courfe ihc t the vifllrippi the treaty thus ceded to the united fnfccutible of a varfatiun in its meaning j states a large portion of the province of according to circniudbnccs does not fa vour the fuppofitioiothat the line thus extending northward was intended to brahfoiutelv an prctlfrly utirth 2d the term tvestivard is u fed in the lame fenfnee r import not doe wrt but theliu he ohio river the general courfe of which i about as much iouthof wr as tin general courfe f the river mufl uttfiin to tlu molt authentic imps u tl a imthi lih fnir analogy therefore the term north- ward landing in that connection mny be unovstood to iwdfi tie northerly j courfe of the mifllwpp 3d thephralc along the hank of tre fid river appl fed to the ohio al thuch hot cieprtfity tpeared in ref row rp rhe miftillippn f to be nn- dcrflood from the gammatacal connec lenience r u along the bnk j of rlu ftv iver wc to the hanks j f the mifflffii pi aff jtong the hauls of that river i rihwd to the fouthern boundary the ffdftn y territo ry thr fitvhce f ptteatl some hrafr mull be gipp before the word northward n thf nedefcribed would run one the river chi northward tfl the hndfoon i ay territory which would be asfnrd i 4 the territr an counti ies annexed to the provffl of qticbec are aid to be bounder tllr souths by be line defcribed the n ohii from pittburrfh do- lnila urh an the river miffiflbpi from that point ix to it- founv may- wirh a cqnal propriety b called a boundary on the south of the wwwntiig iitifh ter ritories but a me frmtai from l ohiotnthehudfotr8 urhr propriety whatever s 0 oc a boo dnrv on the south f h on- try isprg direftlyonth cut ffde f fc n c thegr ilifj iheterw all thr territories tflau aj cc fnl c north america bef l th nofh crown imports r tnc tnofj parifament wa to xiend the p ince offjjebec to al c witfft eritoncu adjoining bar p ov ce l jw f me other colny wiierea a wcridio a line from the moot f lhc ohig to the hulfns ay woulc leave along irrjrulai o r of iand fituated between thai line che ver miffi- itippi which had iv erven ya be- foe agreed w aa hc we boundary ofheritih north xmer in thar q no i f known ttirltory our of ltll 1 and n- t j leave fuch a tract b ckoowleded uririfh onenrly iiut of rll rf any fl o mi liy the cvi aui vk n tor me hv moxjerl btglrmai an- j tver westward the hanks of the j m rippi and northward to the southern boundary oftft territory red to h merchant- adventure of england tra dfn thr indloiis ay vvre an uexrfi tt and made part f thr pr v in cc fqiiehee provided that nthuie herein ontain t 1 elritv lo ihc boun dary ol iul province if qucbe o- 1 tal joverrir it willi tl 6 the terms newcxteiifi n of 11 ol q ty oil appear o e foirtt and dcli i as el die p cu i tie phrafe wi vt te bank miffiffi pi f n wdicate v ioit on ih 5 rimhtac v tli ne whf extend i f fii quebec n w compoftng the tate of ohio and indiana and rhe illinois the mic iran and molt of the nnrthwrltern tenitoiy i alfo threw into the uni ted mates the fouth cm part of the hud- ions ay territory- it has iadeed been contended in bc- italf of the hudfons liay company that the treaty line from lake superi or to the iffillippi wa impoflible in two rrlpeov that tktw ts vrt ft no fuch lake a was fuppofed and defig nated in the treaty by the name of he lone i ake 2 dlv that a fine due welt from the iothweltfnmlt point of the lake f the woods puflei nearly tw degree f latitude noi th ot the fource of the iflifliipi j that therefore fome part of rhe faid line muft be rejected a- impoflible to wit what relate to the long lake and the lake of the woods and a praticabie line drawn between th two termini that is to lay from jlakc uoeroi up the rvcr st louis to the milfiifipoi- which would leave tire whole i of the hudfons iiay grant on the iintith fide to this gonftrufon of the treaty there are ferious objections when it was difcoverej that the head waters of the iifllflippi wee fouth of the latitude of the lake of the woods a convention was negociate 1 and finned in isoiy by lord lla vki fbury on the part of his i ritaunic majeily and mr king on the pat of the united mates containing as a remedy for rhit defer the following claue m wheieasit is uncertain whe- tter the river miffihippi extends f far to rhe northward as to be inter fed ed bv a line drawn due weft from the lake of the woodi in the manner mentioned in the treaty of peace between his majuty and the united stales if is agreed that in lead of the faid line rhe boundary of he united mates in this quarter hall and is hereby declared to be the fhorteft line which can be drawn between the north weft point of the lake of th woods ami the nearcft fource of tbe river miflil lippi n that convention it u tre j ivan not ratified by preliaent irffcrfon becaufe the united mates had in the nran time acquired louifiana hy which acquisition he line in question had in his view of it become a meie line of divifion between two ledions of the united vates and bethought it would he improper to mjke fuch an interior line a fubjett of treaty with a foreign owu another and perhaps more in agential confideration was that to leave thr northweftern mot point of the lake o ttic woods the extreme boundary sta tion agreed upon between j he two gov ernment niht afford the united mates a ground to claim at fome future day in latitude of that place a the northern uno ry of rh i newiy u qiijied tcrrito ry not ofy to e iideof xhn hed ern extent of toe povince of vebcc a enlarged b the aft of the 14th of the kangi and limited by the treaty of peace of 173- the western and nor thern boundary therefore of this pro vince is not any particular device of j longitude but the limits ot the lludions bay colony from fome point in tic northern boundary of the united mte3- on the highlands between lake supcnr and trie lake of the woods along the range r the faid lands dividing the wa ters of hudfms bay from thofe of the st lawrence to the meridian of the head of lake tomnjifcaniiiutf skswfc er cord 11 much 1 1 1 rgio of that vjiois courfe j vvli m viuiout totrrr fpfton of the kingston gffftvtv mr mirvs tlifh which fl writer sendvnnon mi pn hire hy have aright to cctt9nremt in ir deei- iion fif ivimciii i h- rotrt ihinit to defend hnwilf wlfh canfjmragalni anoiaefc is some linns dinicirlt ano it he can dlcirn individual ramcour 1 herein be mwl roiimili the aitlior ntwrh ai atfyk one of hr pbhc a wet informed niild oniiiug en 1 rjiirt lipifin is ehlom found to enter the ijstsof to 11 1 rovers t wh we must fee alive to be inl of on is- b jeer here ihen i rnke up he weapon of coil rrovery bnt uiil not promise tn luuufr it ton alihoriirli i lil makr all the cut- 1 niy lowe ruhile 1 hold it tu one remark i ivfsh to draw die attention of wriier ofsuth a mst keep the subject in view end if your em- peri- rilled to uof allv out into pivoiml inveeive that done the partiis often loc the subject and become dtegu inply prficfiusi much writing of sncli acafha lately ap peared in the public print- of mii- province and lo such 111 natured aptecn i have become an objeci of reseuiniont siiuilk weapons must be used for who ill rive all rhe odds to another or who can be hrated and not feel but i uill nti iop from my purpose fur all tbe falirv raillery inch trah mongers can patch together so mwrh by way of introduction nuw m editor i uill explain what v patrick in your paper of the lt of july attempt to controvert hut dap not stem ro understand although such slnj vriier are cairelv woiifi nor ice snppoe i am m a droll humour then yfli mtst expect a hie lej a 1111 itn re of d oil with olier matter from in ffooequil scranher he is ihe question that our provincial eonstitntitti ha noi cuumttti fmm fliv lung i iissonrce fid i mj in ny answer vnirh be pretendingly grounds hi fnesinu 4 it did no i said ivliar i ei maintain that one branch of die provincial eoerumeui teeives its power foin ihe kin do you lliink mr kditor thai pamvfciq3 ignorant of distinctions as heunuld make me ignorant of our oiermneiit ffhe is it nould he well 10 advic him 10 study tbin bime closely instead of studying bov to make dig translarionsi the couatitution of his province empowers the kint co appoint a chief inairiie ao3 that appoiniuieik u be ur source ofo e11- meni in rhai denannieui and ihe election of rprescntativeb by tlepeopleaveonlie oie constitution is rh- tirr source in rhe represen tative department fbc constitution is not the goiernmerunoru the fliivernmeui the constitution tue vnsii- tutioo i he rule tbe government i tne source of practice thecoilltutiuirt batevef iisorlglllj uitiiout practice isadead letter so much in reply 10 patricks iirc remark lie 1 hen proceeds to censure on dclia ion on lie iiidepeiifbvcv of our repi ceuiailvfi body h a mm if they have u cnart or r peal a lau did i ny enact vo ad tridng and repenting tout avv and i fill bold ro the opinion mi he ground thai hi piiif- ot wi inij iomi nilid iftd ol i 1 uit branrjie ofluetfot h ineitti t uo e ed ii meai l to lie euaviiif oi a i o i indefi a 1 i ic 11 y wa or thai ii thc w 1 i i- hen 1 ill m- t ra

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