336 J. G. BOUEmOT 



Breton, respectively ; and that you, Hits said John Parr, with tlie advice and consent of our said Councils and 

 Assemblies, or the major part of Ihom respectively, shall liave full power and authority to make, constitute and 

 ordain laws, statutes and ordinances for the public peace, welfare and good government of our said Province and 

 Islands, and of the people and inhabitants thereof, and such others as shall resort thereunto, and for the henellt of 

 us, our heirs and successors." 



An instruction appears also to have been given to the said governor-general of a correspondiug date, to the 

 following purport, viz.: "And whereas the situation and circuuislances of our Island of Cape Breton will not at 

 present admit the calling of an As.sombly, you or our Lieutenant-Ciovernor of our said Island shall, until it appears 

 expedient to call such Assembly, in the meantime make such rules and regulations, by the advice of our Council 

 for the said Island, as shall appear to be necessary for the peace, order and good government thereof, taking care 

 that nothing be passed or done that shall any way tend to affect the life, limb or liberty of the subject, or to the 

 imposing of any duties or taxes, aud that all rules and regulations be transmitted by the first opiwrtunity after 

 tlioy are passed and made for our approbation or disallowance." 



Further instructions from his majesty to the governor-general of Nova Scotia are found iu the following words, 

 viz. : " It is nevertheless our will and pleasure that due care be taken in all laws, statutes and ordinances passed 

 in onr Province of Nova Scotia that the same do not extend to our Islands of Prince Edward (formerly St. .John's) 

 and Cai» Breton, under colour or pretence that our said Islands are included iu this our Commission to you and 

 are parts of our Government of Nova Scotia." 



The same instructions aild further : " And it is our will and pleasure, and we do hereby declare and ordain, 

 that all and singular the powers, authorities and directions in and by this our Commission given and granted to 

 you, so far as the same extend and have relation to our Islands of Prince Edward and Cape Breton and their 

 respsctive dependencies, shall be executed and enjoyed by you, or the Commander-in-Chief of our Province of 

 Nova Scotia, at such times only as ho or you shall be actually upon the spot in either of our said Islands, but 

 that at all other times all and singular the said powers, autliorilies aud directions shall be executed and enjoyed 

 by such persons whom we shall respectively appoint to be our Lieutonaut-Governors of said Islands." 



E. I'roclnmation re-anncxhig Cape Breton lo Nova Scotia. 



" A Proclauiatiou by His Excellency Lieutenant-General Sir James Kempt, G.C.B., Lieutenanl- 

 " J. Kempt. Governor and C^ouimander-in-Chief in and over His Majesty's Province of Nova Scotia aud 



its dependencies, etc 



" Whereas his Majesty, with a view to promote the welfare of his faithful and loyal subjects of Nova Scotia 

 and Capo Breton, hath been graciously i)leased to direct that the island of Cape Breton should be ro-aiuiexod to 

 the Government of Nova Scotia, aud the same island should from henceforth be and remain an integral part of 

 the Government of Nova Scotia, 



" I do therefore in pursuance of his Majesty's instructions, and by and with the advice of his Majesty's coun- 

 cil, declare that the island of Cape Breton is, and from heuceforlh shall Im and remain a several and distinct 

 county of the province of Nova Scotia, to be called and known hy the name of the county of Cape Breton, and to 

 be represented, and tiie civil government thereof to bo administered, in like inLinuer as the other counties of the 

 province are administered and governed. 



" And in pursuance of his Majesty's instructions I have caused a wiit, in tlio usual form, to be immediately 

 issued, directed to the Provost-Marshal or his deputy, resident in the island, for the election of two members to 

 serve in the General Assembly of Nova Scotia, being the number directed to be summoned to such assembly before 

 the time when the said island was first separated from the province of Nova Scotia. 



"And I do hereby, in obedience to his Majesty's commands, dissolve the council of the said island of Cajie 

 Breton. 



" And that the peace and good order of the said island may be preserved, and justice duly administered 

 therein, until more effectual provision shall be made by the legislature of Nova Scotia, or until further order shall 

 Ijo duly made therein, I do hereby authorize and reipiire that all judges, justices of the peace, constables and other 

 civic oilicers in commission in the saiil island, do continue in the execution of their resjioctive otlices, agreeably to 

 the several ordinances passed by the governor and council of Cape Breton, and under which the colony, since its 

 separation, has been hitherto administered. 



" Given under my hand and seal at arms at Halifax, this ninth day of October, 1S20, in the first year of his 

 Majesty's reign, by his Excellency's command. 



" Rui'liKT D. Gboegb, 



" God save the King." 



Downing Stkeet, June 2, 184(3. 

 " Mv Lord, — 



" Willi reference to your Lordship's despatch of the Kith May, with its enclosure, on the rjuestion of the 

 legality of the annexation in ISl'O of the island of ( 'ape Breton to Nova Scotia, and to previous despatches on the 

 same subject, I have now to inform your Lordship that the petition addressed to the Quoen-in-couneil by certain 

 inhabitants of Cape Breton, praying for the separation of that island from Nova Scotia, having, by her Majesty's 



