334 J. Cr. BOURINOT 



B. Extract from the Treat;/ of Aix-la-Chapelle, 1748. 



IX. . . . Whereas it is not possible, cotT^iderins the distance of the countries, that wliat relates to .\meriea 

 should be effected wiihin the same time, or even to fix the time of its entire execution, his Britannic ^lajesty 

 likewise engages on his part to send to liis Most Cliristian Majesty, immediately after the exchange of the ratifi- 

 cations of the present treaty, two persons of ranlc and consideration, who shall remain there as liostages, till there 

 shall be received a certain and authentic account of tlie restitution of Isle Uoyale, called Cape Breton, and of all 

 tlio conquests which the arms or subjects of his Britannic Majesty may have made before or after the signing of 

 the jirehminaries, in the Kast or \Vost Indies. . . . Provided, nevertheless, that Isle Royale, called Cape 

 Breton, shall be restored, with all the artillery and warlike stures which shall have been found therein on the day 

 of its surrender, comforniably to the inventories w hich have Iieen made thereof, and in the condition that the said 

 place was on the said day of its surrender. 



C Erlrarta from the. Treaty of Parin. 



The Definitive Treaty of Peace and Friendship, between his Britannic Majesty the Most Christian King and the 

 King of Spain, concluded at Paris, the lOth day of February, 17C3. To which the King of Portugal acceded 

 on the same day. 



IV. His Most Christian Jlajosty renounces all pretensions which he h.as heretofore formed, or might form to 

 Nova Scotia or Acadia, in all its i)arts, and guaranties the whole of it, with all its dependencies, to the King of 

 Great Britain ; moreover his , Most Christian jlajesty cedes and guaranties to his said Britannic Jl.ajesty, in full 

 right, Canada with all ils deiiendencies, as well as the island of Cape lireton, and all the other islands and coasts 

 in tlie gulph and river St. Lawrence, and, in general, everytbinc that depends on the said countries, lands, islands 

 and coasts, with the sovereignty, property, possession and all rights acquired hy treaty or otherwise, which the 

 Most Christian King and the Crow n xf J'rance have had till now over the said countries, islands, places, coasts and 

 their iidiabitants, so that the Most Christian King cedes and makes over to the said king and to the Crown of 

 (ireat Britain, and that in the most ample manner and form, without restriction and without any liberty to depart 

 from the said cession and guaranty, under any pretence, or (o disturli (ireat Britain in the possessiiin above men- 

 tioned. His Britannic IMajesty on his side agrees to grant the lilierty of the (.'atholic religion to the inhaliitants of 

 Canada ; he will consequently give the most jjrecise and most effectual onlers that his new Roman Catholic sub- 

 jects may profess the worship of their religion, according to the rites of the I!omish Church, as far as the laws of 

 (ireat Britain permit. His Britannic IMajcsty further agrees that the French inhaliitants, or others who have 

 been subjects of the IMost Christian King in Cauaila, may retire with all safety and freedom wherever they shall 

 think [iroper, and may sell their estates, jirovided it be to subjects of liis Britannic Majesty, and bring away their 

 effects, as well as their persons, without being restrained in their emigration nnder any pretence whatsoever, 

 except that of debts or ol criminal {irosecutions; the term limited for this emigration shall be fixed to the sjiace of 

 eighteen months, tobe computed from the day of the exchange of the ratifications of the present treaty. 



Y. The fubjecis of the King of France shall have the liberty of (ishing and drying, on a part of the coasts of 

 the Island of Kewfoun<lland, such as it is specified in the .Mlltli article «if tlio treaty of Utrecht, which article is 

 renewed and confirmed by the jiresent treaty, excejit what relates to the Island of Cape Breton, as well as to tlio 

 other i>^lands and coasts in the mouth and in the gulph of St. Lawrence; and his Britannic Majesty con.sents to 

 leave to the subjects of the Most Christian King the liberty of fishing in the gulph of St. Lawrence, on condition 

 that the snlijects of France do not exercise the said fishery bnt at the distance of tiiree leagues from all the co.asts 

 belonging to Great Britain, as well those of the continent as those of tlie islands situated in the said gulph of St. 

 Lawrence. And as to what relates to the fishery on the coasts of the Island of Cape Breton out of the said gulph, 

 the subjects of the Most Christian King shall not be permitted to exercise the said fishery l>nt at the distance of 

 fifteen leagues from the coasts of the Island of Cape Breton ; and the fisher}' on the coast of Nova Scotia or Acadia, 

 and ever} where else out of the said gulph, shall remain on the foot of former treaties. 



D. Proclamation of 1763 — EslahVshmcnl of Cape Breton as a separate colony — Roi/al instructions respecting 



Cape Breton, etc. 



A document of interest in connection with the later history of Cape Breton is: "The Petitioner's Case. In 

 the matter of the pietition of certain inhaliitants of the island of Cape Breton .against the annexation of that island 

 to the province of Nova Scotia. In the Privy Council. George C-' Hardingham, Lincoln's Inn" (London, 1S43). 

 This is the cat'e of the island as presented to the Privy Council of England and set forth by Henry Bliss, colonial 

 coim?el for the petitioners. It contains a long and accnrafe summary of historical facts from the voyages of Cabot 

 and Gilbert until the final annexation of the ùsland to Nova Scotia. This document is rare, and the copy in my 

 possession was given me by the lale Mr. .Tustico Hodd, a resident of Sydney and a son of the first chief justice of 

 the island. I give from this document tlie following extracts from iiroclamations and other oflicia' p.apors relating 

 to Cape Breton : — 



On the 7th of October, 17t"i3, the celebrated jiroi'lamation of the third year of the reii/n of George the Third was 

 issued annexing the islands of St. John (now Prince Edward) and of Cape Breton to the government of Nova 

 Scotia. 



The following extracts from this proclamation relate to the present inquiry : 



" We have thought fit, w itli the advice of our Privy Council, to issue this our Royal Proclamation, hereby to 

 publisli and declare to all our loving subjects that we have, with the advice of our said Privy Council, granted our 



