(TRANSLATION.) Don Antonio Porcel, Knight Pensioner of the Royal and distinguished order of Charles 3d, of the Council of State, and Secretary of State and of Despatch of the Ultramarine government, &c. I certify that, under date of the ninth of April, one thousand eight hundred and eighteen, royal letters patent of the same tenor were sent by the late Council of the Indies to the Governor Captain General of the Island of Cuba and its dependencies, to the Intendant of the Army and Royal business of the Havana and its district, and to the Governor of the Floridas, that each should do his utmost, in his particular department, to give effect to the grant made to Don Pedro de Vargas, of various lands situated in the Floridas, of the following tenor: THE KING. My Governor and Captain General of the Island of Cuba and its dependencies: Under date of the twenty-fifth of January last, Don Pedro de Vargas manifested to me as follows: "Sire: Don Pedro de Vargas, Knight of the Royal Order of Alcantara, Treasurer General of the Royal House and patrimony of your Majesty, with the most profound respect, at your royal feet, exposes-That there is a quantity of vacant and unpeopled land in the territory of the Floridas, and desiring that, if your Majesty shall deign to reward his passable services, and the proofs which he has given of his loyalty, it may be without the least burthen on the public treasury, or in prejudice of any third person, as may be done at present by some lands of that country, he beseeches your Majesty that, by an effect of your sovereign goodness, you would deign to grant him the property of the land which lies comprised within the following limits: that is to say; from the mouth of the river Perdido, and its bay in the Gulf of Mexico, following the sea coast, to ascend by the bay of Buen Socorro, and of Mobile, continuing by the river Mobile, till it touches the northern line of the United States, and descending by that in a right line to the source of the river Perdido, and following the river Mobile in its lower part, and the bay of that name, returns by the sea coast towards the west; comprehending all the creeks, entries, and islands, adjacent, which may belong to Spain at the present time, till it reaches the west line of the United States, then, returning by their northern line, comprehending all the waste lands which belong, or may belong, to Spain, and are in dispute or reclamation with the United States, according to the tenor of the treaties, and, also, all the waste land not ceded to any other individual, which is between the river Hijuelos, in East Florida, and the river St. Lucia, drawing a line from the source of one river to the source of the other, and following by the coast of the Gulf of Mexico, from the mouth of the Hijuelos to the point of Tancha, and doubling this, by the coast of the Gulf of Florida, to the mouth of the river Saint Lucia, with the islands and keys adjacent." Considering the contents of this exposition, and attending to the merit of the individual, and his accredited zeal for my royal service; as also to the advantages to result to the state from peopling the said countries, I have thought proper to accede to the favor which he solicits, in as far as it be not opposed to the laws of these my kingdoms, and communicated it to my Council of the Indies, for its accomplishment, in a royal order of the second of February last. Consequently, I command and charge you, by this my royal cedula, that, conforming to the laws which regulate in these affairs, and without prejudice to third persons, that you efficaciously aid the execution of the said grant, taking all the measures which may conduce to its due effect, as also to the augmentation of the population, agriculture, and commerce of the aforesaid possessions, giving account, from time to time, of the progress made, for this is my will; and that due notice shall be taken of this cedula, in the office of the Accountant General of the Indies. Dated at the Palace, the ninth of April, one thousand eight hundred and eighteen. By command of the King, our Lord: ESTEVAN VAREA. I, THE KING. I confirm this exemplification, at Madrid, the fifteenth of October, one thousand eight hundred and twenty. ANTONIO PORCEL. (Signed) Don Evaristo Perez de Castro, Knight of the Order of Charles 3d, of the Council of State, and Secretary of Despatch of State, &c. I certify that the foregoing signature of his Excellency, Don Antonio Porcel, Secretary of Despatch of the Ultra-Marine Government, is that which he is accustomed to put to all his writings. And, for the proper purposes, I give the present certificate, signed by my hand, and sealed with my seal of arms, at Madrid, the twenty-first day of October, one thousand eight hundred and twenty. (Signed) EVARISTO PEREZ DE CASTRO. DECISION June 18, 1822. Of the Commissioners under the 6th Article of the Treaty of Ghent, done at Utica, in the State of New-York, 18th June, 1822. Ante, p. 221. Boundary of United States to be established. THE undersigned Commissioners, appointed, sworn, and authorized, in virtue of the 6th article of the treaty of peace and amity between his Britannic Majesty and the United States of America, concluded at Ghent, on the 24th of December, 1814, impartially to examine, and, by a report or declaration, under their hands and seals, to designate "that portion of the boundary of the United States from the point where the 45th degree of north latitude strikes the river Iroquois, or Cataraqui, along the middle of said river into Lake Ontario, through the middle of said lake until it strikes the communication, by water, between that lake and Lake Erie; thence, along the middle of said communication, into Lake Erie, through the middle of said lake, until it arrives at the water communication into Lake Huron; thence, through the middle of said water communication, into Lake Huron; thence, through the middle of said lake, to the water communication between that lake and Lake Superior ;" and to "decide to which of the two contracting parties the several islands, lying within the said rivers, lakes, and water Ante, page 80. communications, do respectively belong, in conformity with the true intent of the treaty of 1783;" do decide and declare, that the following described line, (which is more clearly indicated on a series of maps accompanying this report, exhibiting correct surveys and delineations of all the rivers, lakes, water communications, and islands, embraced by the 6th article of the treaty of Ghent, by a black line shaded on the British side with red, and on the American side with blue; and each sheet of which series of maps is identified by a certificate, subscribed by the Commissioners, and by the two principal surveyors employed by them,) is the true boundary intended by the two before-mentioned treaties; that is to say: Description of the boundary of the United States. Beginning at a stone monument, erected by Andrew Ellicot, Esquire, in the year 1817, on the south bank, or shore, of the said river Iroquois, or Cataraqui, (now called the St. Lawrence,) which monument bears south 74° 45′ west, and is eighteen hundred and forty yards distant from the stone church in the Indian village of St. Regis, and indicates the point at which the 45th parallel of north latitude strikes the said river; thence, running north 35° 45' west, into the river, on a line at right angles with the southern shore, to a point one hundred yards south of the opposite island, called Cornwall island; thence, turning westerly, and passing around the southern and western sides of said island, keeping one hundred yards distant therefrom, and following the curvatures of its shores, to a point opposite to the north-west corner, or angle, of said island; thence, to and along the middle of the main river, until it approaches the eastern extremity of Barnhart's island; thence, northerly, along the channel which divides the last-mentioned island from the Canada shore, keeping one hundred yards distant from the island, until it approaches Sheik's island; thence, along the middle of the strait which divides Barnhart's and Sheik's islands, to the channel called the Long Sault, which separates the two last mentioned islands from the Lower Long Sault Island; thence, westerly, (crossing the centre of the last mentioned channel) until it approaches within one hundred yards of the north shore of the Lower Sault Island; thence, up the north branch of the river, keeping to the north of, and near, the Lower Sault Island, and also north of, and near, the Upper Sault, sometimes called Baxter's) Island, and south of the two small islands, marked on the map A and B, to the western extremity of the Upper Sault, or Baxter's island; thence, passing between the two islands called the Cats, to the middle of the river above; thence, along the middle of the river, keeping to the north of the small islands marked C and D; and north also of Chrystler's Island and of the small island next above it, marked E, until it approaches the north-east angle of Goose Neck Island; thence, along the passage which divides the last mentioned Island from the Canada shore, keeping one hundred yards from the island, to the upper end of the same; thence, south of, and near, the two small islands called the Nut Islands; thence north of, and near, the island marked F, and also of the island called Dry or Smuggler's Island; thence, passing between the islands marked G and H, to the north of the island called Isle au Rapid Platt; thence, along the north side of the last mentioned island, keeping one hundred yards from the shore to the upper end thereof; thence, along the middle of the river, keeping to the south of, and near, the islands called Cousson (or Tussin) and Presque Isle; thence up the river, keeping north of, and near, the several Gallop Isles, numbered on the map 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10, and also of Tick, Tibbit's, and Chimney Islands; and south of, and near, the Gallop Isles, numbered 11, 12, and 13, and also of Duck, Drummond, and Sheep Islands; thence, along the middle of the river, passing north of island No. 14, south of 15, and 16, north of 17; south of 18, 19, 20, 21, 22, 23, 24, 25, and 28, and north of 26, and 27; thence, along the middle of the river, north of Gull Island and of the islands No. 29, 32, 33, 34, 35, Bluff Island, and No. 39, 44, and 45, and to the south of No. 30, 31, 36, Grenadier Island, and No. 37, 38, 40, 41, 42, 43, 46, 47, and 48, until it approaches the east end of Well's Island; thence, to the north of Well's Island, and along the strait which divides it from Rowe's Island, keeping to the north of the small islands No. 51, 52, 54, 58, 59, and 61, and to the south of the small islands numbered and marked 49, 50, 53, 55, 57, 60, and X, until it approaches the north-east point of Grindstone Island: thence to the north of Grindstone Island, and keeping to the north also of the small islands, No. 63, 65, 67, 68, 70, 72, 73, 74, 75, 76, 77, and 78, and to the south of No. 62, 64, 66, 69, and 71, until it approaches the southern point of Hickory Island; thence, passing to the south of Hickory Island, and of the two small islands lying near its southern extremity, numbered 79 and 80; thence, to the south of Grand or Long Island, keeping near its southern shore, and passing to the north of Carlton Island, until it arrives opposite to the south-western point of said Grand Island in Lake Ontario; thence, passing to the north of Grenadier, Fox, Stony, and the Gallop Islands in Lake Ontario, and to the south of, and near, the islands called the Ducks, to the middle of the said lake; thence, westerly, along the middle of said lake, to a point opposite the mouth of the Niagara river; thence, to and up the middle of the said river, to the Great Falls; thence, up the Falls, through the point of the Horse Shoe, keeping to the west of Iris or Goat Island, and of the group of small islands at its head, and following the bends of the river so as to enter the strait be Description of the boundary of the United States. Description of the boundary of the United States Islands. Ante, p. 81. tween Navy and Grand Islands; thence, along the middle of said strait, Thence, up the said last mentioned passage, keeping near to the island St. Joseph's, and passing to the north and east of Isle a la Crosse, and of the small islands numbered 16, 17, 18, 19, and 20, and to the south and west of those numbered 21, 22, and 23, until it strikes a line (drawn on the map with black ink and shaded on one side of the point of intersection with blue and on the other with red,) passing across the river at the head of St. Joseph's Island, and at the foot of the Neebish Rapids, which line denotes the termination of the boundary directed to be run by the 6th article of the Treaty of Ghent. And the said Commissioners do further decide and declare, that all the islands lying in the rivers, lakes, and water communications, between the before described boundary line and the adjacent shores of Upper Canada do, and each of them does, belong to his Britannic Majesty, and that all the islands lying in the rivers, lakes, and water communications, between the said boundary line and the adjacent shores of the United States, or their territories, do, and each of them does, belong to the United States of America, in conformity with the true intent of the 2nd article of the said treaty of 1783, and of the 6th article of the Treaty of Ghent. In faith whereof, we, the Commissioners aforesaid, have signed this declaration, and thereunto affixed our seals. |