also to French ships, if perchance any such have been taken by British subjects in time of peace; and in like manner into all disputes of this kind, which shall be found to have arisen between both nations, and which are not yet ended; and due justice shall be done on both sides without delay. XII. The most Christian King shall take care to have delivered to the Queen of Great Britain, on the same day that the ratifications of this treaty shall be exchanged, solemn and authentic letters, or instruments, by virtue whereof it shall appear, that the island of St. Christopher's is to be possessed alone hereafter by British subjects, likewise all Nova Scotia or Acadie, with its ancient boundaries, as also the city of Port Royal, now called Annapolis Royal, and all other things in those parts, which depend on the said lands and islands, together with the dominion, propriety, and possession of the said islands, lands, and places, and all right whatsoever, by treaties, or by any other way obtained, which the most Christian King, the crown of France, or any the subjects thereof, have hitherto had to the said islands, lands, and places, and the inhabitants of the same, are yielded and made over to the Queen of Great Britain, and to her crown, for ever, as the most Christian King doth at present yield and make over all the particulars abovesaid; and that in such ample manner and form, that the subjects of the most Christian King shall hereafter be excluded from all kind of fishing in the said seas, bays, and other places, on the coasts of Nova Scotia, that is to say, on those which lie towards the east, within 30 leagues, beginning from the island commonly called Sable, inclusively, and thence stretching along towards the south-west. XIII. The island called Newfoundland, with the adjacent islands, shall from this time forward belong of right wholly to Britain; and to that end the town and fortress of Placentia, and whatever other places in the said island are in the possession of the French, shall be yielded and given up, within seven months from the exchange of the ratifications of this treaty, or sooner, if possible, by the most Christian King, to those who have a commission from the Queen of Great Britain for that purpose. Nor shall the most Christian King, his heirs and successors, or any of their subjects, at any time hereafter, lay claim to any right to the said island and islands, or to any part of it, or them. Moreover, it shall not be lawful for the subjects of France to fortify any place in the said island of Newfoundland, or to erect any buildings there, besides stages made of boards, and huts necessary and usual for drying of fish; or to resort to the said island, beyond the time necessary for fishing, and drying of fish. But it shall be allowed to the subjects of France to catch fish, and to dry them on land, in that part only, and in no other besides that, of the said island of Newfoundland, which stretches from the place called Cape Bonavista to the northern point of the said island, and from thence running down by the western side, reaches as far as the place called Point Riche. But the island called Cape Breton, as also all others, both in the mouth of the river of St. Lawrence, and in the gulph of the same name, shall hereafter belong of right to the French, and the most Christian King shall have all manner of liberty to fortify any place or places there. XIV. It is expressly provided, that in all the said places and colonies to be yielded and restored by the most Christian King, in pursuance of this treaty, the subjects of the said King may have liberty to remove themselves, within a year, to any other place, as they shall think fit, together with all their moveable effects. But those who are willing to remain there, and to be subject to the Kingdom of Great Britain, are to enjoy the free exercise of their religion, according to the usage of the church of Rome, as far as the laws of Great Britain do allow the same. XV. The subjects of France inhabiting Canada, and others, shall hereafter give no hinderance or molestation to the five nations or cantons of Indians, subject to the dominion of Great Britain, nor to the other natives of America, who are friends to the same. In like manner, the subjects of Great Britain shall behave themselves peaceably towards the Americans who are subjects or friends to France; and on both sides they shall enjoy full liberty of going and coming on account of trade. As also the natives of those countries shall, with the same liberty, resort, as they please, to the British and French colonies, for promoting trade on one side and the other, without any molestation or hinderance, either on the part of the British subjects or of the French. But it is to be exactly and distinctly settled by commissaries, who are, and who ought to be accounted the subjects and friends of Britain or of France. No. 48. Explanatory Charter of Massa chusetts August 26/September 6, 1725 THE origin of the so-called explanatory charter of Massachusetts is to be found in the disputes between Governor Samuel Shute and the General Court. When Shute assumed his office, in 1716, a sharp controversy was in progress over the question of paper money and a public bank. Shute sided with the party who favored a bank, and thereby aroused the political opposition of the opponents of that scheme. In 1720 the House of Representatives chose as their speaker Elisha Cooke, who had espoused the cause of the people of Maine in a dispute about the right of cutting timber in the district, and had, in consequence, been rejected as councillor. Shute now disapproved of the choice of Cooke as speaker; and, on the House refusing to elect another, dissolved the General Court. In 1721 the House adjourned for a week without the consent of the governor, —a proceeding which the latter claimed was in violation of the charter. Eventually Shute carried the controversy to England, and laid his case before the Privy Council. The explanatory charter, issued Aug. 26/Sept. 6, 1725, was prudently accepted by the General Court Jan. 15/26, 1725/6. Text in Acts and Resolves of the Province of Massachusetts [The charter recites the grant of the province charter of 1691, and continues:] And Whereas, their said late Majesties King William and Queen Mary did by the said recited letters Patents (amongst other things therein contained) for themselves their Heires and Successors Ordain and Grant that there should and might be Convened held and kept by the Governor for the time being upon every last Wednesday in the Month of May every year forever and at all such other times as the Governor of their said Province should think fitt and Appoint a Great and Generall Court or Assembly which . . . should Consist of the Governour and Council or Assistants for the time being and of such Freeholders of their said Province or Territory as should be from time to time elected or deputed by the major part of the Freeholders and other Inhabitants of the respective Towns or places who should be present at such Elections each of the said Towns and places being thereby impowered to Elect and Depute two Persons and no more to Serve for and represent them respectively in the said Great and Generall Court or Assembly and that ... the Governor for the time being should have full Power and Authority from time to time as he should Judge necessary to adjourn Prorogue and Dissolve all Great and General Courts or Assemblies met and Convened as aforesaid And did thereby also... Ordain that in the Framing and Passing of all Orders laws Statutes and Ordinances and in all Elections and Acts of Government whatsoever to be passed made or done by the said General Court or Assembly or in Council the Governor... should have the Negative Voice and that without his Consent or Approbation Signified and Declared in writing no such Orders laws Statutes Ordinances Elections or other Acts of Government whatsoever... should be of any force Effect or Validity.... And Whereas no Provision is made by the said recited letters Patents touching the Nomination and Election of a Speaker of the Representatives Assembled in any Great and Generall Court of Our said Province nor any particular Reservation made of the Right of Us Our Heires and Successors to approve or disapprove of such Speaker by the Governor of the said Province. . . . And no power is Granted. . . to the said House of Representatives to adjourn themselves for any time whatsoever by means whereof divers Doubts and Controversies have Arisen within Our said Province to the Interruption of the Publick Business thereof and the obstruction of Our Service Know Yee therefore that for removing the said Doubts and Controversies and preventing the like mischiefs for the future And also for the further Explanation of the said recited letters Patents Wee . . . by these Presents... Do Will Grant Ordain and Appoint that for ever hereafter the Representatives Assembled in any Great or General Court of Our said Province to be hereafter Summoned shall upon the first day. of their Assembling Elect a fit Person out of the said Represen. tatives to be Speaker of the House of Representatives in such. General Court and that the Person so Elected shall from time to time be presented to the Governor of Our said Province for the time being or in his absence to the lieutenant Governor or Commander in Chief of Our said Province for the time being for his Approbation to which Governor lieutenant Governor and Commander in Chief respectively Wee do hereby . . . Give full power and Authority to approve or disapprove of the Person so Elected and presented which approbation or disapprobation shall be Signifyed by him by Message in writing under his Hand to the said House of Representatives And in Case such Governour lieutenant Governor or Commander in Chief shall disapprove of the Person so Elected and presented or the Person so Elected and presented being approved as aforesaid shall happen to dye or by Sickness or otherwise be disabled from Officiating as Speaker in every such Case the said Representatives so Assembled shall forthwith Elect an other Person to be Speaker . . . to be presented and approved or disapproved in manner as aforesaid. . . . And... [further] . . . Wee do... Grant Ordain and Appoint that it shall and may be lawfull to and for the Representatives assembled in any Great or General Court of Our said Province. . . to Adjourn themselves from day to day (and if occasion shall require) for the space of two days but not for any longer time than for the space of two days without leave from the Governor or in his Absence [from] the lieutenant Governor or Commander in Chief of Our said Province for the time being first had and obtained in that behalfe any thing in the said recited letters Patents contained to the Contrary thereof in any wise Notwithstanding Provided always that nothing in these presents contained shall Extend or be Construed to Extend to revoke alter or prejudice the Power and Authority by the said recited letters Patents Granted to the Governor.. to Adjourn Prorogue and Dissolve all Great and General Courts or Assemblies of Our said Province. No. 49. Charter of Georgia THE plan for a colony in Georgia originated with James Edward Oglethorpe, an English gentleman of good family, who had served with distinction under Prince Eugene of Savoy, and later had entered the House of Commons. Oglethorpe's sympathies having been enlisted on behalf of imprisoned debtors and discharged prisoners, he conceived the idea of establishing in America a colony where worthy persons of those classes could get a new start in life. The charter granted to trustees certain territory south of the Savannah river, which had originally formed part of South Carolina, but had been retained by the Crown when the Carolinas were surrendered by the proprietors in 1729. To this was added the one-eighth interest retained by Carteret at the time of the surrender, and which he now conveyed to the trustees. The charter was surrendered in 1752, and Georgia became a royal province. REFERENCES. Text in Poore's Federal and State Constitutions, I., 369– 377. The Journal of the trustees has been privately printed (1886). Various |