No. 10.

Recommendation of the board of trade for altering the bounds of West Florida.

TO THE KING'S MOST EXCELLENT MAJESTY.

May it please your Majesty,

1764.

By your majesty's royal proclamation of the 7th 23d March, October last, and your majesty's commission to your governor of West Florida, it is declared that the said province shall be bounded to the north by a line drawn due east from that part of the river Mississippi, which lies in 31 degrees north latitude, to the river Apalachicola; but it is our duty to represent to your majesty, that we are informed by your majesty's governor, that it appears from observations and surveys, made since the said province has been in your majesty's possession, that there are not only very considerable settlements upon the east bank of the Mississippi above that line, but also that the town and settlement of Mobile itself is some miles to the north of it; and therefore we humbly beg leave to propose that an instrument may pass under the great seal, (in like manner as was directed in the case of the extension of the south boundary of Georgia) declaring that the province of West Florida shall be bounded to the north, by a line drawn from the mouth of the river Yasous, where it unites with the Mississippi, due east to the river Apalachicola, by which we humbly conceive every material settlement, depending upon West Florida, will be comprehended within the limits of that government.

Which is most humbly submitted.

HILLSBOROUGH,
SOAME JENYNS,

ED. ELLIOTT,

GEO. RICE,

ORWELL,

BAM. GASCOYNE.

NE.

Whitehall, March 23, 1764.

[Whether any instrument passed under the great seal, as recom mended by the board of trade, is not ascertained; but that the boundaries of West Florida were actually enlarged, in conformity with the representation, is proven by the following commissions to governors Elliot and Chester; the first of which recites so much of the commissions to governor Johnstone, as relates to the boundaries as first assigned and as afterwards altered. It thence appears that the extension of West Florida, to the parallel of latitude passing by the mouth of the river Yasous, took place on the sixth of June, 1764; and the commission of the last governor of the province, (governor Chester) shews that the boundary continued afterwards the same, as long as the British held Florida.]

15th May,

1767.

No. 11.

Commissions to Governors Elliot and Chester, of West Florida.

To all to whom these presents shall come, Greeting:

I CERTIFY, That the writing contained on the annexed three pages, purporting to be extracts of two certain commissions granted by the British government to John Eliot and Peter Chester, therein named, constituting them at different periods, governors of the province of West Florida, is truly copied from a record of commissions, which originated with that government whilst it was in possession of the said province, and was since obtained therefrom and deposited in this department.

(L.B.)

IN FAITH WHEREOF, I, Robert Smith, secretary for the department of state of the United States of America, have signed these presents, and caused the seal of my office to be affixed hereto, at the city of Washington, this seventh day of July, A. D. 1810, and in the thirty fifth year of the independence of the said States.

R. SMITH.

"George the third, by the grace of God, of Great Britain, France and Ireland, king, defender of the faith, and so forth, to our trusty and well beloved John Eliot, esquire, Greeting:

1763.

6th June,

1764.

"WHEREAS, we did by our letters patent under our great seal of Great Britain, bearing date at Westminster, the twenty-first day of November, in the 21st Nov. fourth year of our reign, constitute and appoint George Johnstone, esquire, captain general and governor in chief, in and over our province of West Florida, in America, bounded to the southward by the gulph of Mexico, including all islands, within six leagues of the coast, from the river Apalachicola to lake Ponchartrain; to the westward by the said lake, the lake Maurepas and the river Mississippi; to the northward by a line drawn due east from that part of the river Mississippi which lies in 31 degrees north latitude, to the river Apalachicola or Chatahouchee, and to the eastward by the said river. And whereas, by other our letters patent under our great seal of Great Britain, dated at Westminster, the sixth day of June, in the fourth year of our reign, we thought fit to revoke such part and so much of the said recited letters patent, and every clause, article and thing therein contained, which doth any way relate to or concern the limits and bounds of our said province as above described, and did constitute and appoint the said George Johnstone, to be our captain general and governor in chief, in and over our province of West Florida, in America, bounded to the southward by the gulph of Mexico, including all islands within six leagues of the coast, from the river Apalachicola to lake Ponchartrain; to the westward by the said lake, the lake Maurepas and the river Mississippi; to the northward by a line drawn from the mouth of the river Yasous where it unites with the Mississippi, due east to the river Apalachicola, during our will and pleasure. Now know you, That we have revoked and determined, and by these presents do revoke and determine, both the said recited letters patent and every clause, article and thing therein contaned. And further know you, That we, reposing special trust and confidence in the prudence, courage and loyalty of you the said John Eliot, of our special grace, certain knowledge and mere motion, have thought fit to constitute and appoint you, the said John Eliot, to be our captain general and governor in chief of our said province of West Florida, comprehended within the

limits and bounds above described, in our said last recited letters patent.

"Witness ourself, at Westminster, the fifteenth day of May, in the seventh year of our reign."

(Signed)

"YORKE

YORKE."

25th Jan. 1770.

"George the third, by the grace of God, of Great Britain, France and Ireland, king, defender of the faith, and so forth, to our trusty and well beloved Peter Chester, esquire, Greeting:

"WE, reposing especial trust and confidence in the prudence, courage and loyalty of you, the said Peter Chester, of our especial grace, certain knowledge and mere motion, have thought fit to constitute and appoint you, the said Peter Chester, to be our captain general and governor in chief, in and over our province of West Florida, in America, bounded to the southward by the gulph of Mexico, including all islands within six leagues of the coast, from the river Apalachicola to lake Ponchartrain; to the westward by the said lake, and the lake Maurepas and the river Mississippi; to the northward by a line drawn from the mouth of the river Yasous, where it united with the Mississippi, due east to the river Apalachicola, and to the eastward by the said river."

"Witness ourself, at Westminster, the twenty fifth day of January, in the tenth year of our reign."

28th April, 1787.

No. 12.

Convention between the states of South Carolina and Georgia, concluded at Beaufort, on the 28th day of April, 1787.

ARTICLE I.

The most northern branch or stream of the river Savannah, from the sea or mouth of such stream to

the fork or confluence of the rivers now called Tugoloo and Keowa, and from thence the most northern branch or stream of the said river Tugoloo, till it intersects the northern boundary line of South Carolina, if the said branch or stream of Tugoloo extends so far north, reserving all the islands in the said rivers, Savannah and Tugoloo to Georgia; but if the head spring or source of any branch or stream of the said river Tugoloo does not extend to the north boundary line of South Carolina, then a west line to the Mississippi, to be drawn from the head spring or source of the said branch or stream of Tugoloo river, which extends to the highest northern latitude, shall forever hereafter form the separation, limit and boundary between the states of South Carolina and Georgia.

ARTICLE III.

The state of South Carolina shall not hereafter claim any lands to the eastward, southward, southeastward or west of the boundary above established; but hereby relinquishes and cedes to the state of Georgia, all the right, title and claim which the said state of South Carolina hath to the government, sovereignty and jurisdiction in and over the same, and also the right of pre-emption of the soil from the native Indians, and all other the estate, property and claim which the state of South Carolina hath in or to the said land.

ARTICLE IV.

The state of Georgia shall not hereafter claim any lands, to the northward or northeastward of the boundary above established, but hereby relinquishes and cedes to the state of South Carolina, all the right, title and claim which the said state of Georgia hath to the government, sovereignty and jurisdiction in and over the same; and also the right of pre-emption of the soil from the native Indians, and all other of the estate, property and claim which the state of Georgia hath in or to the said lands.

[In whatever manner the boundaries of South Carolina and Georgia may have been affected by the preceding charters, acts of the