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Crown [point]; & afterwards another Fort at Ticonderoga. This was regarded as an act of hostility, and as such complained of & resented; and the Colonies before the late war, to disappoint so dangerous a project, raised money and Troops to erect Fortifications on His Majesty's lands, at, or near Crown Point. The operations became more general, and the success of his Majtys arms, rendered it unnecessary.

The French had endeavored to fortify their encroachments by Negociations ; in 1756 their Ambassador insisted as a condition of the Convention then proposed that Great Brittain should relinquish her claim to the south side of the River St. Lawrence, and the lakes which discharge themselves into that River; a demand which was peremptorily rejected, & put an end to the conference. I depend, My Lord on Entiv's history of the late war for the truth of this Fact. If it is well founded, it seems to show in a strong point of light the sense of the Crown at that crisis, respecting the territory under consideration.

If it was necessary, My Lord, to add prior instances of the encroachments of the Canadians, I would beg leave to refer your Lordp to Governor Burnet's Speeches to the General Assembly of this Province in 1725, 1726 & 1727, and the resolutions of that house, stated in their Journals, deposited in the Plantation Office, on the subject of those encroachments. That Gov' in his speech of the 30th Sept: 1727, has these remarkable words: “I have the satisfaction to inform you, that your Agent has been very active in solliciting the affairs of this Provce, & particularly that he has succeeded in obtaining, that pressing instances might be made at the Court of France, against the Stone House built at Niagara,” ettc. This shows that the Govern' at home so early as that period viewed this measure of the French as an encroachment on the limits of this Colony.

I assure your Lordp that I had no idea that the decision of this controversy could affect the ancient possessions of any of his Matys new subjects. Unacquainted with their settlements on, and near the south side of the River St. Lawrence, I carried my views no further than the Province over which I preside : and which, as it is now limited does not include the whole of Lake Champlain. I have frequently been informed, by those on whom I thought I could depend, that when the French, on the approach of Sir Jeffry Amherst in 1759, abandoned Crown Point, there were found no ancient possessions, nor any improvements, worthy of consideration on either side of the Lake. The Chief were in the environs of the Fort, and seemed intended meerly for the accommodation of the Garrisons, and I have reason to believe, that even at this day, there are very few, if any, to the Southward of the latitude forty five, except what have been made since the peace, by British subjects under the grants of this Colony. I had the honor of transmitting to the Earl of Hillsborough a paper on this subject drawn up by Council here, at the request of the reduced officers, to whom & the disbanded Soldiers a very considerable part of the Country on the East side of Lake Champlain, hath been granted in obedience to his Majtys Royal proclamation. The proof of several material facts, which influenced my opinion, are there stated, and to which I beg leave to refer your Lordp.


Whitehall 3 March 1773. With regard to the grants heretofore made by the Governors of Canada adjacent to Lake Champlain, & by the Govr of New Hampshire to the west of Connecticut River, I do not conceive that the titles of the present claimants or posessors ought to have been discussed or determined upon any argument or reason drawn from a consideration of what were or were not the ancient Limits of the Colony of New York. Had the soil and jurisdiction within the Proyce of New York been vested in proprietaries as in Maryland, Pennsylvania, Massachusets Bay, or other Charter Governts, it would have been a different question : but when both, the soil and jurisdiction are in the Crown, it is I conceive, entirely in the breast of the Crown, to limit that jurisdiction and to dispose of the property in the soil in such manner as shall be thought most fit: and after what had passed, and the restrictions which had been given respecting the claims, as well on Lake Champlain, as in the district to the westward of the Connecticut River, by which the King had reserved to himself the consideration of those claims, I must still have the misfortune to think that no steps ought to have been taken to the prejudice of the claimants under the original Titles. At the same time confident of your integrity and impressed with the most favorable sentiments of your conduct, so far as rests upon the Intention, I will not fail to do the fullest justice to the explanation of it, contained in your letters upon this subject, and there is no one of your friends, that will be more forward than myself to bear testimony of the sense of your zeal for the King's service, or more ready to concur in any proposition, that may induce the conferring on you such marks of the King's Favour, as shall be judged adequate to your great merit I am Sir your most obedt humble servt




Sir-I am honoured with your letter of the 14th wishing to be informed, on whose behalf, and on what question, I desire to have Counsel heard against the Canadian Grants on Lake Champlain. You will be so good as to acquaint their Lordpps that I would have Counsel heard on behalf of the grantees under New York Governt who are composed in a great measure of half-pay Officers, that have received grants, agreeably to his Majesty's proclamation. And I am instructed to take care of the interests of these Grantees, . not only so far as they are concerned, but also so far as the territorial rights of the Province may be affected by the French claims.

I beg leave to be heard by Counsel (if their Lordpps should not expressly confine the Counsel) to all such matter, as they, or the parties shall advise as proper and effectual towards invalidating the said French Grants, and establishing the rights of the New York Grantees. I am with great regard Sir

Your most obedt & humble servt





[Council Minutes XXVI.] We think ... Your Honour may safely give the necessary Directions for going on with the service immediately under the following Reservations, which we consider as the only expedient for Resolving the many Difficulties which have occurred, and without which we must find ourselves under the necessity of deferring the Proceedings till another year.

That every thing shall remain between the two Provinces exactly in the same situation as well with regard to Jurisdiction as Property after the Line is run, as it does now until his Majesty's Pleasure upon that subject shall be known. .

That his Excellency the Governor of New York will engage not to pass any new Grant or Grants of Land to the southward of the Line, the property of which is now or has at any Time been claimed under any Title from the Crown of France.

That we do not by our Consent to the running of the Line give up or in any manner recede or depart from any Right or Claim to Lands to the Southward of the Line which have at any time been or now are disputed between the two Provinces, but that the whole shall be submitted to his Majesty's Pleasure without Prejudice or advantage of any kind to be taken of this Instance, which we are willing to show, tho’ at some Hazard, of our Desire of a good Correspondence at all times with the Province of New York.


Quebec 4th August 1773. Sir, I am honoured with your Letter of this Day with the Report of the Council of your Government on the subject Matter of my Letters to you of the 5th and 25th July.

It is with singular pleasure I can inform you I accept of and assent to the Terms contained in the Reservations of the said Report; at the same time I assure you it never has been nor is my Wish or Design to take any Advantage either over the Jurisdiction of the Government of Quebec, or of French claims lying within the Government of New York; but am determined to wait the declaration of the Royal Mind concerning the Premises; I own I do not apprehend Hazard in paying Obedience to the King's Proclamation of 1763, and carrying into execution the reciprocal obligations of both governments.


COUNCIL. 25 MAY, 1775.

[Lond. Doc. XLV.) i My Lords; Pursuant to your Lordships order dated the 17th day of June 1772, we have taken into our consideration the Petition of Michel Chartier de Lotbiniere, Chevalier and styling himself Seigneur de Alainville and d’Hocquart, setting forth amongst other things that he has been deprived and disposessed of his two Lordships of d'Alainville and d’Hocquart situated at the head of Lake Champlain in a most advantageous position and consisting of the best and richest land in the Province of New York to which they were annexed eighteen months after the Treaty of Peace and humbly praying for the reasons therein contained that they (he?] may be reinstated in the full enjoyment of his said two Lordships in the same manner as when under the Government of France and that he may be reimbursed the expense he has been at in endeavoring to obtain redress therein and to be indemnified for having been kept out of his Estate and property for so long a time as well as for the damage his said Estates may have sustained. Whereupon we beg leave to Report to your Lordships :

That the Petition of Mons de Lotbiniere refers to two Tracts of Land under very different circumstances.

With regard to that Tract which is claimed by the Petitioner

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