this domain otherwise than at the posts and French establishments on the said river, on pain of being regarded as having traded with the Savages, in fraud of the privilege of the said Carlier and the penalties above mentioned; The said Carlier is to have the liberty of sending to the posts dependent on the domain, such persons and by such routes as he may judge proper, to guard the limits and to prevent trading that might be made to his prejudice; but they are not to trade on the way outside of the bounds of the domain under the penalties which such illicit trading would incur ; The said Carlier, his attorneys, deputies or overseers are to be empowered to seize all canoes found within the extent of the said domain, laden with merchandise, suitable for trading, or with furs and other objects of trade, wines and liquors (boissons) and ammunition and other effects, whether concealed (en cache) or exposed, in the country dependent on the said domain, to whomsoever they may belong, and also to seize and arrest all vessels whatever which are found trading or have traded with the Savages in the extent of the said domain, and the confiscation of the goods is to be made public by a minute of the transaction drawn up by the deputies of the said Carlier and affirmed by them; And for the execution of our ordinance, the said Carlier is permitted to cause it to be posted up where it may be, or he may judge it to be, necessary: Our ordinance delivered on the said request of March 30, 1731, by which before giving judgment, and in execution of private orders which we have received from His Majesty on the subject, to fix in an invariable manner the boundaries of the limits of Tadoussac, in the country reserved for the domain of His Majesty according to the said arrêt of the King's Council of State of the 16th May, 1677, and the ordinance of M. Begon of the 5th April, 1720; We have ordered that the diligence of Sieur Cugnet should be engaged to make an exact map of the extent of the said domain on which shall be designated the banks of the River Saint Lawrence from the Isle aux Coudres to the River Moisy and in the interior of the country, the rivers and lakes which discharge into the Saguenay River, with their magnetic bearings, the extent of the country through which they run from their source to their embouchure and the names of the principal posts where trading is or can be carried on with the Savages; In consequence of which we have commissioned Sieur Louis Aubert de la Chenaye to reckon up and measure the banks of the River Saint Lawrence, comprised in the extent of the said domain of His Majesty, from the Isle aux Coudres to the River Moisy, as well as the Saguenay River and the rivers and lakes which discharge into it, with their magnetic bearings and the extent of ground through which they run from their source to their embouchure; to make figured plans and to draw up an account of the same in the form of a journal, marking the points to which navigation by barques, bateaux or canoes extends; the falls or rapids where portages have to be made, the names of the lakes and rivers, and the countries situated upon them; the establishments and magazines where trade is carried on with the Savages; and the seal and salmon fishing, together with the ancient establishments where trade was previously carried on, the vestiges of which still remain, the names of the Savage nations inhabiting the country, and generally every thing which can contribute to determine precisely the extent of the said limits, and make their advantages known according to the private instruction annexed to our said ordinance ; Another ordinance rendered by us, May 12th, 1732, by which we named and destined Sieur Joseph-Laurent Normandin to execute conjointly with Sieur de la Ganière, our ordinance of 30th March, 1731, instead of the Sieur Aubert de la Chenaye, who was obliged to return to Quebec, having broken his thigh at the Petite Rivière, at the house of a person named Simard, in the same way it would have been done by the said Sieur de la Chenaye, conformably to our instruction of the said day, March 30, 1731; and for this purpose they are to traverse all the rivers and lakes which discharge into the River Saguenay, taking a westerly direction from the post of Checoutimy to the height of land,* marking the limits there by placing the lillies of France (fleurs-de-lis) on the trees, and keeping a journal containing all the observations mentioned in our said ordinance and instruction; * This height of land was probably that between two valleys which run transversely to the River St. Lawrence. The procès verbaux of the said Sieurs de la Chenaye and Normandin, in the form of a journal, the map which we have caused to be drawn up therefrom; Reference being had also to our ordinance of the twelfth of the present month, between M. Pierre Carlier, Adjudicator-General of the United farms of France and of the domain of the West, stipulating by the said Sieur Cugnet, Plaintiff, to reply to us on the 26th September, 1732, of one part, and Francis Bissot, as much in his own name as having had ceded to him the rights of the deceased Sieur de Vallerenne, and Jeanne Bissot his wife, and of the deceased Sieur Charles Bissot, Sieur Joseph Fleury de Lagorgendière and Claire Jolliet, his wife, daughter of the deceased Louis Jolliet, and Claire Françoise Bissot, as much for themselves as for the co-heirs of the said deceased Sieur and Madame Jolliet, defendants, and Sieur Jacques Gourdeau, son of the deceased Jacques Gourdeau and Marie Bissot, heir of his said father, acting as much for himself as for the co-heirs of the said deceased Bissot, his mother, also defendant of the other part, by which we have given effect to the abandonment made by them, in writing of the 12th April last, of the land conceded to the deceased François Bissot, Sieur de la Rivière by the Company of New France, of the 25th February, 1661, from the Isleaux-Eufs to the River Moisy; and having in consequence regard to the demand of the said Sieur Cugnet, in said name, conveyed by his written reply of the 31st March last; We have, as far as necessary, re-united to the domain of His Majesty, the land granted to the said Sieur Bissot, from the said Isle-aux-Œufs inclusive, to Pointe des Cormorans, which is five or six leagues below the said River Moisy; doing this, We have forbidden the said defendants and intervenants, as well as all others, to carry on directly or indirectly any trade, hunting, fishery, commerce, or establishments within the extent of this land, either in the River Moisy or other lakes and rivers which form its affluents, or to disturb Monsieur Cugnet in the enjoyment, possession, and improvement of the said land and rivers under the penalties which the law provides ; The arrêt of the Superior Council of Quebec, vesting Sieur Demaure with jurisdiction over the farm of the trade of Tadoussac, containing the limits and privileges of the said trade: The arrêt of the King's Council of State, of May 16th, 1677; Ordinance of Monsieur Raudot, of September 26th, 1707, forbidding all persons, even foreign Savages, to trade or hunt within the extent of the Limits of Tadoussac; all Another ordinance of my said Sieur Raudot, of the 7th September, 1709, prohibiting persons to treat (faire festin) the Savages of Tadoussac, or to draw them away in any manner, and permitting the sub-farmers of the Limits of Tadoussac to plunder the French whom they shall find trading within the extent of the said limits; Another ordinance of my said Sieur Raudot, of April 7th, 1710, giving permission to seize merchandise found in the hands of the French who have traded within the extent of the limits of Tadoussac, even that which may be found concealed in the said limits; Ordinance of M. Begon, of April 5th, 1720, prohibiting trading, hunting, and fishing within the extent of the Limits of Tadoussac, and every thing considered : We have bounded the extent of the domain of the King called the Limits of Tadoussac, that is to say, on the north bank of the river Saint Lawrence from the bottom of the seignory of Eboulemens, which is opposite the north-east point of the Isle-aux-Coudres, to the Point or Cape of Cormorans, being-about ninety-five leagues of front, with the Isle-auxEufs and other isles, islets, and shallows adjacent; on the western side by a supposed line drawn east and west, to commence from the bottom of the Seignory of Eboulemens to the height of land at the portage of Lake Patitachekao, latitude 47° 15', on which portage the said Sieur Normandin has planted four fleurs-de-lis on four balsam firs, in which Lake Patitachekao the River Metabetchouanon has its source, and discharges into Lake St. John, whence it falls into the Saguenay; further to the west by Lakes Spamoskoutin, Sagaigan, and Kaouakounabiscat, at the height of the lands, in the latitude of 47° 27', where the said Sieur Normandin has also placed four fleurs-de-lis on four balsam firs; the said Lake Kaouakounabiscat forming other lakes, and the River Ouiatechouanon, which discharges into the Saguenay through the said Lake St. John, which two lakes form the boundary of the hunting country in the depths of Batiscan; and running still to the west beside Three Rivers, and in depth by the height of land, about two leagues from the little lake Patitaouaganiche, latitude 48° 18', where the said Sieur Normandin has also placed four fleursde-lis on four balsam firs, which lake flows through Lake Askatiche where it falls into the River Nekoubau, where flow also the waters of Lake Nekoubau, all of which lakes and rivers pass through Lake St. John into the Saguenay, and form the boundary which separates the lands of the domain from the hunting country of Three Rivers and Rivière-duLièvre; the said boundaries above designated, according to the journals of the said Sieurs de la Chenaye and Normandin, and the map which we have caused to be made therefrom, the minutes of which will remain deposited in our Secretary's office; in the extent of which boundaries are found the posts of Tadoussac, Malbaie, Bondésir, Papinachois, Isletsde-Jérémie and Pointe-des-Bersiamites, Chekoutimy, Lake St. John, Nekoubau, Chomonthouane, Mistassins, and behind the Mistassins as far as the Hudson's Bay; and on the lower part of the river the domain will be bounded, in consequence of our said ordinance of the twelfth of the present month, by Cape Cormorans as far as the height of land, in which extent will be comprised the River Moisy, the Lake of the Kichestigaux, the Lake of the Naskapis, and other rivers and lakes which discharge therein. We ordain that the said M. Pierre Carlier, the farmers, his successors of the western domain, deputies and overseers, continue to carry on alone, to the exclusion of all others, the trade, hunting and fishing, in the whole extent of the country included within the limits above designated. We forbid all persons, of whatever quality and condition, as well merchants as habitans of the colony, captains and masters of fishing boats, bateaux and vessels, the men employed to manage them and passengers, and all others whomsoever, even foreign Savages, who do not reside in the lands of the domain, to trade, hunt, fish, or carry on any commerce under any pretext whatever, directly or indirectly, whether by themselves or by sending in merchandise, victuals, liquors, and ammunition, through friendly Savages, in any part of the country desig nated by our present ordinance, and generally in any rivers or lakes of which the waters flow through the Saguenay River, and the River Moisy, though they may not be specially named in our said ordinance; to treat the Savages who live in the same extent of country. or to draw them away in any manner, or even to approach within ten leagues of the limits above drawn in the lands, for the purpose of trading with the Savages or other establishments without the express permission in writing of the said Carlier, the farmers his successors, their attorneys, deputies, and overseers, on the pain of confiscation of the arms, products of the hunt, merchandise for trading, furs and other objects obtained in trade, canoes, large boats, barques, fishing boats, bateaux, and other vessels of whatever kind, and a fines of two thousand livres, which can neither be remitted nor lessened under any pretext, of which confiscation and fine two-thirds are to belong to the said Carlier, and the other third to the informers. We permit the said Carlier, the farmers his successors, their attorneys, deputies and overseers, to send into the said posts dependent on the domain, to guard its limits, and to prevent trading which might be made to the prejudice of the above prohibition, such persons and by such roads as they shall judge proper, but they are to be charged not to pass beyond the limits assigned by our present ordinance, without having previously obtained permission from us in writing, on pain of all the costs, damages, and interests payable to those to whom it belongs. We also permit the said Carlier, his successors, their attorneys, deputies and overseers, to seize and hold all the canoes which shall be found within the extent of the said domain laden with merchandise, provisions, liquors, and ammunition suitable for trade, or furs and negotiable effects, which shall be found hidden or not hidden in the country dependent on the said domain, to whomsoever they may belong; as also to seize and hold all vessels whatever which shall be found trading, or to have traded, with the Savages, within the extent of the said domain, and to proceed, before us, with the confiscation of the articles seized, upon the procès-verbeux of the said attorneys and overseers, duly affirmed. And our present ordinance shall be read, published and posted up wherever need be. We order, &c. Done in our house, at Quebec, the 23rd May, 1733. HOCQUART. DE REINHARD'S CASE, 1818.* [Charles De Reinhard was tried in the District of Quebec on the 18th day of May, 1818, before Chief Justice Sewell and Mr. Justice Bowen, under the authority of a Special Commission, issued by Hon. John C. Sherbrooke, Governor of Lower Canada, dated 29th April, 1818, and authorizing such trial under the Act 43 Geo. III. chap. 138, for murder committed at the Dalles, on the assumption that this place was situate in the Indian Territory, or parts of America not within the limits of Upper or Lower Canada, or of any Civil Government of the United States of America; and the jurisdiction depended on whether the place where the murder was committed was within Upper Canada. The following evidence on this point was given :]— THE EVIDENCE. WILLIAM SAX, Sworn.-I am a surveyor; I am acquainted, according to a map which I have here, with the limits of Upper Canada, that is to say, of the old Province of Quebec ; the western limit, the mouth of the River Ohio, is in longitude 88° 50′ west from Greenwich, and latitude 37° 10' north. That appears by That appears by a map which I have made and have in my hand, to be the latitude and longitude of the junction of the Ohio River with the Mississippi. Chief Justice Sewell.-When you speak of the junction of the Ohio River with the Mississippi River, do you mean where the Ohio River empties itself into the banks of the Mississippi? Mr. Sax.-That is the understanding, and the Statute provides also— Chief Justice Sewell.-We do not require any information or assistance in the construction of the statute; we require it as to the fact. The construction of the statute, it is our province to decide on. Attorney-General.-Would a line running north, from the junction of the Ohio and Mississippi Rivers strike, in its passage to the Hudson's Bay territory, the great lakes, and where would it strike Lake Superior? And where would it leave Fort William ? Mr. Sax.-Such a line drawn due north, would strike Lake Superior on its passage, and at or about a degree east of Fort William, or perhaps three-quarters of a degree. Attorney-General.-That is to say, the west end of Lake Superior? Mr. Sax.-Yes, nearly so-when I say that such a line would strike east of Fort William, I mean that it would leave Fort William about three-quarters of a degree to the west of it. It is so laid down in all the maps. Attorney-General.-From your knowledge of maps, will you then explain in French. to the jury, this line? Mr. Sax having done so, continued his evidence. I am acquainted with the River Winnipic by the maps, and it is between the 50th and 51st degree of north latitude. The Portage des Rats is in 493 by this map, or 49° 45', and longitude 94° 6' west from Greenwich, and the River Winnipic is consequently about 5 west of the line running north from the junction of the Rivers Ohio and Mississippi, and certainly, without the old Province of Quebec. Chief Justice Sewell.--What are you speaking of now? Mr. Sax. That a line, supposing it ran due north from the junction of the Ohio and Mississippi Rivers, would leave the River Winnipic five degrees out of the Province of Upper Canada,-not a northward line, but a due north line. Attorney-General.-Do you mean to say that a northward line is not a north line? Mr. Sax.--It is not always; it may be north by east, or north by west, or northnorth-west, or many other points of the compass. A due north line is one that goes direct to the north pole without any deviation whatever. Attorney-General.—And does not a northward line go to the north pole? If you had a northward line to run, would you not run it to the north pole? From the Report in the "Canadian Pamphleteer," vol. 5. Mr. Sax.-Perhaps I might and perhaps not; I would certainly run it northerly, though I might not run it due north. Attorney-General.-What is to prevent you taking it due north? If you had a line to run from a given point till it struck a river, and thence to continue along the course of that river northward, would you call that drawing a northern line. Mr. Sax.-Undoubtedly it would be a northern line, but not a due north line. Mr. Sax.-It might according to circumstances be a north-eastward or north westwardly line, and yet a northern line, that is a line having a northward course or drawing nearer to the north pole as it progressed, though not an astronomical north line. Attorney-General.-Is not a north line a line northward ? Mr. Sax.-Certainly, a line running due north is undoubtedly a northward line. Attorney-General.-And a line true-north-westward you would call a north-west-ward line. Mr. Sax.-Certainly; a line due north-west is a north-westward line, but a line, for instance, that runs towards the north, notwithstanding it may gain in its course more northing than westing or easting, is not therefore necessarily a due north line, but is a northern or northward line. Chief Justice Sewell. I really do not comprehend the distinction; to say that a northward line is not a north line, I confess appears to me to approach the "reductio ad absurdum." Suppose that we had a compass here, and from a given point I draw a line north-westward, that is to say, terminating at a point north-westward, would not that be a due north-west line? Mr. Sax. It would, if drawn due north-west, but if in drawing it you gained northerly, it would, from the course of its deviation, be a line northward, though not a north line. Chief Justice Sewell.-Then its course northward must unquestionably be due north -if a line north-westwardly is a north-west line. Mr. Vallière de St Réal.-Your honour will observe that he added, "but if it deviated so, as to gain a little north,' it would then be a northward line." Chief Justice Sewell.—If a line is to be drawn from a given point of the compass, say from the west in a northward direction, to say that such a line would not be a due north line, appears to me to be a contradiction to the plainest principle of common sense, and totally irreconcilable. I will put the question to you again, sir. Do I understand you to say, that a line drawn from a given point northward is not a north line? Mr. Sax.-Surveyors usually call lines running Chief Justice Sewell.-I am not asking you what surveyors usually call-I want to know whether in point of fact, a fact that any man can tell as well as a surveyor, whether a line from the eastern or western point of the compass, drawn northward, is, or is not a north line? Just answer that question, yes or no, and then you may explain that answer in any way you think proper. line. Mr. Sax.-It certainly must be, to a certain extent, a north line, but not a due north Chief Justice Sewell.-Why not? Mr. Sax.-A line drawn from any point, between two cardinal points of the compass direct to any cardinal point, is a due north or west line, as the case may be; but a line may be so drawn between two points as to be called by surveyors a northward or a southward line, as it may chance to gain in the course of running it upon that point of the compass to which it is approaching; as I might draw a line from a point north-westwardly, but gaining in a northerly direction in its course, so that at its termination it would be a line northward, from having more northing there than at the point from which I started. Chief Justice Sewell.-Would not a line drawn from a westerly point, one half north and one half east, be a due north-east line, or must not lines drawn from any point in one half the compass between east and west be a north, and, in the other half, a south line? Mr. Sax.-Certainly, while progressing north or south, but they might be gaining east or west ? Chief Justice Sewell.—Is it then equally true, that lines running east from points between north and south are due east lines? |