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TREATY OF PEACE, GOOD CORRESPONDENCE & NEUTRALITY IN AMERICA, Between The Most Serene And Mighty Prince JAMES 11 By The Grace Of God, King of Great Britain, France & Ireland, Defender of the FAITH, LEWIS XIV The Most Christian King
Concluded the 16th Day of November, 1686
Published by His Majesties Command.
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IN the Savoy:Printed by Thomas Newcomb, One of His Majesties Printers. DCLXXXVI.
1.It is Concluded and Agreed, That from this day forward there be a
firm Peace, Union, Amity and good Correspondence, as well by Land
as by Sea, between the British and French Nations in America; as well
Northern as Southern; and within the Islands, Colonies, Forts, Cities
and Governments (without exception of Places) belonging to the most
Serene King of Great Britain, or to the most Serene most Christian King,
and which are under the Jurisdiction of either King, respectively.
11.That no Ships or Vessels, great or small belonging to the most Serene
King of Great Britain's Subjects in the said English Islands, Colonies,
Forts, Cities and Governments, shall be fitted out or employed to Invade
or Attack the most Serene most Christian King's Subjects in their Islands,
Colonies, Forts, Cities and Governments, or to do them any injury or damage.
In like manner that no Ships or Vessels, great or small, belonging to the
most Serene Christian King's Subjects in the said French Islands, Colonies,
Forts, Cities and Governments, shall be fitted out, or employed to Invade
or Attack the most Serene King of Great Britain's Subjects in their Islands,
Colonies, Forts, Cities, and Governments, or to do them any injury or damage.
111.That no Soldiers, Armed Men, or any others whatsoever, inhabiting and
living in the said English Islands, Colonies, Forts, Cities and Governments,
or who come out of Europe to be in Garrison there, shall commit any Act of
Hostility, or do any injury or damage directly or indirectly against the most
Serene most Christian King's Subjects in the said French Islands, Colonies,
Forts, Cities and Governments, neither shall they give any Assistance or
Supplies of Men or Victuals to the barbarous or wild Indians, with whom
the most Christian King shall have a War. In like manner no Soldiers, Armed Men, or any others whatsoever inhabiting and living in the said French Islands, Colonies, Forts, Cities and Governments, or who come out of Europe to be in Garrison there, shall commit any Act of Hostility, or do any injury or damage directly or indirectly against the most Serene King of Great Britain's Subjects in the said English Islands, Colonies, Forts, Cities, and Governments; neither shall they give any Assistance or
Supplies of Men or Victuals to the barbarous or wild Indians, whit whom the
King of Great Britain shall have a War.
IV.It is agreed, That both Kings shall have and retain to themselves all the
Dominion, Rights and Pre-eminences in the American Seas, Roads, and other
Waters whatsoever, in as full and ample manner as of right belongs unto
them, and in such manner as they now profess the same.
V.And therefore the Subjects, Inhabitants, Merchants, Commanders of Ships,
Masters and Mariners of the Kingdoms, Provinces, and Dominions of each
King respectively shall abstain and forbear to Trade and Fish in all Places
possest, or which shall be possest by the one or the other Party in America,
viz. The King of Great Britain's Subjects shall not direct their Commerce
and Trade, nor Fish in the Havens, Bays, Creeks, Roads, Shoars, or Places
which the most Christian King holdeth, or shall hereafter hold in America;
and in like manner the most Christian King's Subjects shall not direct their
Commerce and Trade, nor Fish in the Havens, Bays, Creeks, Roads, Shoars,
or Places which the King of Great Britain possesseth, or shall hereafter
possess in America. And if any Ship or Vessel shall be found Trading or
Fishing contrary to the Tenor of this Treaty, the said Ship or Vessel with
its Lading (due Proof thereof being made) shall be Confiscated; Nevertheless
the Party, who shall find himself aggrieved by such Sentence of Confiscation,
shall have liberty to apply himself to the Council of State of that King,
by whose Governors or Judges the Sentence has been given against him,
and there complain of the Matter, which never-the less shall not stop the
Execution of the Sentence: But it is always to be understood, That the
Liberty of Navigation ought in no manner to be disturbed, where nothing is
committed against the genuine sense of this Treaty.
VI.It is also agreed, That in case the Subjects and Inhabitants of either of the
Kings with their Shipping (whether Public and of War, or Private and of
Merchants) be forced through stress of Weather, pursuit of Pirates and
Enemies, or any other urgent Necessity, for the seeking of Shelter and
Harbor, to retreat and enter into any of the Rivers, Creeks, Bays, Havens,
Roads, Ports, and Shoars belonging to the other in America, they shall be
received and treated there with all Humanity and Kindness, and enjoy all
friendly Protection and Help. And it shall be lawful for them to refresh and
provide themselves at reasonable and the usual Rates with Victuals, and all
things needful either for the Sustenance of their Persons, or Reparation of
their Ships, and Conveniency of their Voyage; and they shall in no manner
be detained or hindered from returning out of the said Ports or Roads, but
shall remove and depart when and whither they please, without any let or
impediment. Provided always, that they do not break Bulk, nor carry out of
their Ships any Goods, exposing them to Sale, nor receive any Merchandise
on Board, nor employ themselves in Fishing, under the Penalty of the Confiscation
of Ships and Goods, as in the foregoing Article is expressed. And it is further
agreed, that whensoever the Subjects of either King shall be forced to enter with
their Ships into the others Ports, as is above mentioned, they shall be obliged
at their coming in to hang out their Flag or Colors of their Nation, and give
notice of their coming by thrice firing a Cannon, and if they have no Cannon,
by thrice firing a Musket, which if they shall omit to do, and however send their
Boat on Shoar, they shall be liable to Confiscation.
VII.If any Ships belonging to either of the Kings, their People and Subjects, shall
within the Coasts or Dominions of the other stick upon the Sands, or be Wreck
(which God forbid) or suffer any Damage, all friendly Assistance and Relief
shall be given to the Persons Shipwrackr, (shipwreck)? or who shall be in
danger thereof, and Letters of Safe-conduct shall likewise be given to them
for their free and quiet passage thence, and the return of everyone to his own
Country.
VIII.When it shall happen, that the Ships of either Party, (as is above mentioned)
through dangers of the Sea, or other urgent cause, be driven into the Ports of
the other, if they by Three or Four together, and may give just ground of
Suspicion, they shall immediately upon their arrival acquaint the Governor
or Chief Magistrate of the Place, with the Cause of their Coming, and shall
stay no longer than the said Governor or chief Magistrate will permit, and
shall be requisite for the furnishing themselves with Victuals, and the Reparation
of their Ships.
IX.It is also agreed, That the King of Great Britain's Subjects, inhabiting the
Island of St. Christopher's, may fetch Salt from the Salt Ponds there, and
carry the same away, as well by Sea as by Land, without any Hindrance or
Molestation: And also that the Most Christian King's Subjects of the said
Island may enter into the Rivers of the great Road, there to fetch or provide
themselves with Water; upon condition nevertheless, that the King of Great
Britain's Subjects shall only in the daytime (take Salt)? upon their Ships or
Vessels, and in like manner that the Most Christian King's Subjects shall
fetch Water in day time only. And also that the Ships or Vessels, of either
Nation, which shall come for Salt or Water, shall be obliged to give Notice of
their Coming, by hanging out their Flag or Colours of their Nation, and by thrice
firing a Cannon, and if they have no Cannon, by thrice firing a Musquet. And
in case any Ship of either Nation shall ( Trade) ? or Traffic under pretense of
fetching Salt or Water, the said Ship shall be Confiscated.
X.The Subjects of either Nation shall not Harbor the Barbarous or wild Inhabitants,
or the Slaves or Goods, which the said Inhabitants have taken from the said
Inhabitants have taken from the Subjects of the other Nation. Neither shall
they give them any Assistance or Protection in their said Depredations.
XI.The Governors, Officers and Subjects of either King shall not in any way molest
or disturb the Subjects of the other, in settling their respective Colonies, or in their
Commerce and Navigation.
XII.And the more to assure the Subjects of the King of Great Britain, and of the Most
Christian King, that no Injury shall be offered to them by the Ships of War, or private
Men of War of either sides, all the Captains of the Ships as well of His Majesty of
Great Britain as of the Most Christian King, and all their Subjects, who shall set out
private Men of War, and likewise their Privileged Companies shall be enjoy( )?
to do any Injury or Damage whatsoever to the other; which if they do, they shall be
punished, and moreover be liable to (satisfy)? all Costs and Damages by Restitution
and Reparation, upon Pain and Obligation of Person and Goods.
XIII.For this Cause all the Commanders of private Men of War shall from henceforth be obliged, before they receive their Commissions, to enter before a Competent Judge
into good and sufficient Security, by able and responsible Men, who have no part
or interest in such Ships, in the Sum of One Thousand Pounds Sterling, or Thirteen
Thousand Livres, and when they have above One Hundred and Fifty Men, then in
the Sum of Two Thousand Pounds Sterling, or Six and Twenty Thousand Livres,
that they will give full satisfaction for any Dangers or Injuries whatsoever, which
they or their Officers (and)? others in their Services, shall ( )? their Courses at
Sea, contrary to this pro......? or any other whatsoever....? His Majesty of Great
Britain and the said Most Christain King, and upon Pain of Re....? and .......
...? in which it shall be always .....? they have given such Security as
abovesaid, And likewise it is agreed, that the Ship.....? shall be also liable to make
satisfaction for Injuries and Damages done by Her.
XIV.And whereas several Pirates (Proving)? down the American Seas, as well Northern as Southern, do much (dam...age)? Trade ans so left the Subjects of both Crowns in their Navigation and Commerce in those Parts agreed, that (.....)? orders shall be givento the Governors and Officers of both Kings, that they give no Assistance or Protection to any Pirates or what Nation forever, nor suffer them to have any Retreat in the Ports or Roads of their respective Governments, and the said Governors and Officers shall also be expressly Commanded to punish, as Pirats, all such who shall Arm out any Ship or Ships for Privateering, without lawful Commission and Authority.
XV.No Subject of either King shall ask or take any Commission , or Letters of (Mart)?
for Arming any Ship or Ships to go Privateering in America, whether Northern or
Southern, from any Prince or State, with whom the other ship Wars, and if any Person
shall take such Commission or Letters of (Ma...)?, he shall be punished as a Pirate.
XVI.The Most Christian King's Subjects shall have full Liberty to Fish for Turtles in the
Islands of Cayman.
XVII. That in case it should happen, any differences or disputes should arise between the Subjects of the said Most Serene Kings in the said Islands, Colonies, Forts, Cities
and Governments under the Dominion of either respectively, whether at Sea, or
at Land, this Peace and Good Correspondence shall not thereby be interrupted or
infringed; but the said differences, which may happen between the Subjects of both
Kings, shall be adjudged and determined by the Governors of each Jurisdiction
respectively, where they shall have arisen, or by them whom they shall depute;
and if the said differences cannot within the space of one Year be determined by
the said Governors, they shall transmit the same, with the first, to the Most Serene
Kings, to determine the same according to Justice, in such manner as they shall
think fit.
XVIII. It is further concluded and agreed, That if any Breach should happen (which
God forbid) between the said Crowns in Europe, no Act of Hostility , neither at
Land nor at Sea, shall however be done by any of the most Serene King of Great
Britain's Garison, Souldiers or Subjects whomsoever of the Islands, Colonies, Forts,
Cities and Governments, which now are, or hereafter shall be under the English
Dominion in America, against the most Serene most Christian King's Subjects,
inhabiting or residing in any of the American Colonies: Likewise reciprocally, that
in the abovesaid case of a Breach in Europe, no Act of Hostility, neither at Land nor
at Sea, shall however be done by any of the most Serene most Christain King's
Garisons, Souldiers or Subjects whomsoever of the Islands, Colonies, Forts, Cities
and Governments, which are now, or hereafter shall be under the French Dominion
in America, against the most Serene King of Great Britain's Subjects inhabiting in
any of the American Colonies, or residing there. But a true and firm Peace and
Neutrality shall continue in America between the said British and French Nations in
the same manner, as if such Breach in Europe had not happened.
XIX. It is provided and agreed, That this present Treaty shall not in any wise derogate
from the Treaty concluded between the said most Serene Kings at Breda the 21/31
day of July, in the year of our Lord 1667. But that all and singular the Articles and
Clauses of that Treaty shall remain in force and be observed.
XX. That all Treaties or Articles at any time heretofore made and concluded between
the said Nations, upon the Island of St. Christophers or elsewhere in America, shall
be in force as formerly, and shall be observed on both sides as heretofore, unless
where they shall be found to be contrart to this present Treaty.
XXI. Lastly, It is agreed and concluded, That this present Treaty, and all and singular
the Matters therein contained, shall, as soon as may be, ratified and confirmed, and
that the Ratifications thereof shall within the space of two Months from the date of
these Presents be reciprocally exchanged between both Parties; And within the space of eight Months, or sooner if it may be, be published in all the Kingdoms, Dominions and Colonies, as well in America as elsewhere of both Kings. In Witness whereof, We the Plenipotentiaries, have Signed and Sealed this present Treaty. Given in His Majesties Palace of Whitehal the 6th/16th day of November 1686.
Jeffreys C. (L.S.)
Barillon L Amoncourt. (L.S.)
Rochester (L.S.)
Sunderland (L.S.)
Middleton (L.S.)
Godolphin (L.S.) F I N I S
This is a list of letters and manuscripts totaling 1,140 pages concerning the conquest of Canada. Each document can be verified by the original which is referred to in the foot notes of every one.
1. Letter of Dec. 22, 1736 Massachusetts intending to contest Crown's rights to King's Woods fit for Navy.
2. Letter of July 22, 1741l Instructions to the Governor.
3. Letter of Dept. 10, 1741 General Instructions.
4. Letter of Sept. 10, 1741 Instructions as to Navigation and Trade Laws.
5. Letter of Aug. 10, 1744 Treaty with Indians renewed.
6. Letter of Oct. 16, 1744 Relations with Cape Sable and St. John's Indians.
7. Letter of Jan. 9, 1744 Urges attack upon Cape Breton.
8. Letter of Jan. 14, 1744 Instruction to assist in execution of office of Surveyor-General of the King's Woods.
9. Letter of Jan. 19, 1744 Expedition against Louisbourg and Cape Breton.
10. Letter of Jan. 29, 1744 Proposals for an expedition against Louisbourg.
11. Letter of March 8, 1744 Orders for embarkation at Boston for Cape Breton.
12. Leter of April 8, 1745 Proposal for second expedition against Canada.
13. Leter of April 24, 1754 Fears Six Nations will go over to the French.
14, Letter of July 12, 1745 (To Penobscot and Norridgewalk Indians).
Confidence to be placed in the English.
15. Letter of July 22,1745 Relating to the Penobscot Indians and
hostilities on the St. George's River.
16. Letter of Nov. 16, 1745 Proposals for maintaining control of Louisbourg and Canada.
17. June 2, 1746 Proclamation-Enlistments for expedition against Canada
18. Letter of July 4, 1746 Expedition against Canada/
19. Letter of July 7, 1746 Importance of Quebec in a conquest of Canada.
20. Letter of July 28, 1746 Necessity of British Naval control of mouth of
St. Lawrence.
21. Letter of Aug. 20, 1746 (To Paul Mascarene) French movements in
Eastern Canada.
22. Letter of Aug. 25, 1746 Campaign against Canada.
23. Letter of Sept. 4, 1746 (To Paul Mascarene) Loyal French need not
fear transportation.
24. Letter of Nov. 11, 1746 Plans for campaign in N.S.
25. Letter of Nov. 12, 1746 Plan for expedition against Crown Point.
26. Letter of Dec. 19, 1746 (To Paul Mascarene) Removal of French from
Nova Scotia.
27. Letter of Feb. 7, 1747 Alliance with Indians in N.Y. dependent upon
prompt action.
28. Letter of May 18, 1747 Six Nations ready to act against French if rewarded.
29. Letter of June 29, 1747 Provincial Congress at Albany in Sept..
30. Letter of July 24, 1747 Danger of Six Nations going over to the
French.
31. Letter of Aug. 15, 1747 Importance of expedition against Nova Scotia
32. Letter of Aug. 31, 1747 Regarding an alliance with the Six Nations.
33. Letter of Sept. 14, 1747 Financial assistance from the Crown for an
Indian alliance.
34. Letter of Feb. 14, 1748 Will endeavor to keep Indians loyal to the
Crown.
35. Letter of July 23-27, 1748 (To The Six Nations) Negotiations at
Conference at Albany.
36. Letter of July 29, 1746 Positions of Six Nations.
37. Letter of Aug. 18, 1748 (To Lords of Trade) Military and Indian Affairs
38. Letter of Oct. 24, 1748 Participation of several colonies in Canadian expedition.
39. Plan for Civil Government of Nova Scotia.
40. Letter of May 9, 1749 Status of Abenaqui Indians.
41. Letter of May 19, 1749 Canadian Indians being stirred up against the
English.
42. Letter of Sept. 18, 1753 Renewal of covenant with Six Nations.
43. Letter of Jan, 1754 March of hostile Indians.
44. Letter of March 28, 1754 Troubles with Indians in Maine.
45. Letter of April 2, 1754 Urges conference between American Colonies and Indians at Albany. Advantages of joint
conference.
46. Letter of April 9, 1754 Regarding the proposal conference at Albany.
47. Letter of April 19, 1754 Appointment of men to treat with the Indians at Albany.
48. Letter of July 8, 1754 Conference with Eastern Indians.
49. Letter of Nov. 7, 1754 Indian hostilities.
50. Letter of Feb. 4, 1755 Indians jealous of colonial encroachment.
51. Letter of Feb. 24, 1755 (To James DeLancey) Expedition against French
and Indians.
52. Letter of April 16, 1755 Commission of and Instructions to William Johnson.
53. Letter of June 25, 1755 Expedition of Lt. Col. Monckton in Nova Scotia.
54. Letter of Aug. 15, 1755 Plan for the Conquest of Canada.
55. Letter of Sept. 3, 1755 Johnson's complaints and wishes to be
independent in Indian matters.
56. Letter of Sept. 30, 1755 Position of the Indians.
57. Letter of Nov. 8, 1755 Importance of treating the Indians kindly.
58. Letter of Nov. 9, 1755 Garrisons for the Indians.
59. Letter of Nov. 30, 1755 Possibility of Indian Treaty in the spring.
60. Letter of Dec. 10, 1755 (To William Johnson) Instructions for Indian
Conference.
61. Letter of Dec. 11, 1755 (To William Alexander) Offer for a conference
accepted by many Indians.
62. Letter of Dec. 19, 1755 Proceedings of Albany council.
63. Letter of Dec, 1755 Measures proposed for western governments to
take against the Indians.
64. Letter of Dec. 22, 1755 Continued ravages of the Indians.
65. Letter of Dec. 24, 1755 Instructions as to Indians from the Six Nations.
66. Letter of Dec. 30, 1755 Dealings with Southern Indians, Proposal for joint
efforts of all colonies in America.
67. Letter of Jan. 5, 1756 (To Lords of Trade) Sketch of system for
management of Indian Affairs.
68. Letter of Jan. 12, 1756 Dispositions of the Indians.
69. Letter of Jan. 28, 1756 Hopes for assistance from the Indians.
70. Letter of Feb. 23, 1756 Plans for years campaign against French and
Indians.
71. Letter of May 25, 1756 Council of War at Albany.
72. Letter of May 27, 1756 Minutes of Council to be kept secret. Plans for
future military movements.
I wish to inform you that my friend and I are Aboriginal/Acadian Researchers. She has
managed to find a collection of over 400 letters that were written by King George III who appointed a "secret person" to take control on behalf of England, and she has a copy of the Orders from the King. Every document she has refers to where the "originals" are, which none are in Canada. There was also a document signed by Britain during the 1600's which is listed as "restricted". She managed to get a copy of this document which, by the King signing this item, proves that Britain had absolutely no claims to this country. This document will prove John Cabot's discovery, which the
courts use, as null and void due to this very important agreement. Also, in the letters she has found, King George III during the 1740's gave his Royal Orders" to this secret person to follow this agreement, and in other letters and the British admit to breaking this agreement, yet no one ever noticed. These documents have been checked out by a lawyer who was shocked at this finding, and told her to put this away until she felt the timing was right to expose this, for this was a major piece of history, and all can be used in major land claim. Also included in these documents is the conference with The Six Nations which was held at Fort Frederick in Albany July 23, 1748. The answers from the Sachems of The Six Nations on July 26, 1748 are included as well as the speech made to the River Indians at Fort Frederick, Albany on July 27, 1748.
The correspondence also includes letters from: The Lords of Trade; Lord President of The Council; General Court of Massachusetts; Royal Instructions from The Crown; Lords of The Admiralty; Lords of Commissioners: Plan for the Conquest of Canada; Plan (map) of seige of Louisbourg 1745.
THESE ARE A FEW SAMPLES OF THE CONTENTS OF SOME OF THESE LETTERS.
(Sketch of a system for the Management of Indian Affairs in North America under oneGeneral Direction.) New York Jan 5, 1756".......propos'd System, as divided into four Districts, Vizt The Indians at first called the Five Nations, now the Six Nations, which Inhabit along the South side of the Mohawk's River, the Oneida Lake, the River Onondago, and the Lake Ontario; the Indians which inhabit along the North side of the Lake Ontario and Erie and on Lake Huron, & C.; the Indians, which Inhabit the Rivers Delaware, Susquehanna, Ohio & c as far as Georgia; and the Indians which Inhabit to the Eastward of New England, and in the Service of Nova Scotia as far as the Southern Bank of the River St. Lawrence. The principal Articles, in which the proper management of these Indians, in order to fix them in the English Interest and a Dependence upon the Crown of Great Britain consists are,
1st the affording their Old Men, Women and Children protection against the French and their Indians, whilst their Warriors were absent from them;
2dly a due Regulation of the Trade with Them;
3dly a Regulation of the Sale of Their Lands, and preventing Encroachments being made upon Their Hunting Grounds;
4thly The expelling French Missionaries from among them and Introducing English Protestant Ministers in Their Room. As to the 1'st Article the building and maintaining small Forts and Garrisons in their Countries, with their Consent is necessary; Besides the protection, this will afford to their Families, it will give us a constant inspection over them, and if discreet Officers are posted in the Forts, will greatly Increase their Attachment to the English."
Camp at Oswego, Oct. 4, 1755 "I approve much of having small Forts erected in every one of the Six Nations of Indians, as what will have a great tendency to conciliate them to the English, and to fix them in a dependence upon his Majesty. For this reason I will send thirty men to the Onandaga Castle to build them one at their own Request to me, and shall propose the same thing to the Oneidas, and if they consent to it, will have a small one built upon their Carrying place, as I shall likewise think it right to do in the Country of the Tuscaroras, Cayugas, and Senecas, Not that I am of opinion these Forts will secure the Indian Country to his Majesty against the French; nothing can effectually do that or cover the English Territories South-Eastward of this Lake, but holding Oswego. If that, which is the Key of the Country of the Six Nations, should be lost to the French, they will soon be masters of that whole Country, and draw all those Indians intirely into their Interest; and when that shall happenyour Excellency may look upon all the intermediate Country between this Lake and the City of New York to be gone too."
Boston, New England Feb 4, 1755 "The Indians in general are certainly uneasy at any incroachments upon their lands whether by French or English: Could we but perswade Them by such plans of settlements in their country as the enclosed Chart exhibits a specimen of, that the real design of the English was to protect them in the possession of their country, not to take it away, it would be carrying all points with them.
CONFERENCE WITH THE INDIANS
To The Six Nations of Indians, vizt the Mohawks, Oneydays Tuskaroras Onondagas, Cayougas, and Senekes, as also to their Allies vizt Oghquuges, Toalaghreghroonees and Scanehaderadeyghronees at Fort Frederick in Albany, the 23rd day of July 1748.
"Brethren, Whilst You strictly observe the Orders which Governour Clinton has given you and keep Your selves closely united to Your Brethren, and depend upon The King Your Father for his Protection of You and Your Families in the Enjoyment of Your Lands and Possessions, You will be in no danger of being drove out of Your Country and having Your Nations Extirpated; but may rest secure of being treated with the same Paternal Regard by the King Your Father, as his English Subjects are.................(Gave a Great Belt.)
The above are all true typed copies of the originals which have been hidden since the 1700's and only a selected few have been allowed to be published about 100 years ago. She has managed to collect all the letters except for the ones that are still being kept hidden, but by locating all these originals, the rest would all be there on micro-film outside Canada. They are the missing pieces to the 1725 Treaty that was re-newed in 1752 which will prove the "true intent" of signing these treaties, which was not a land give-away by the Native Peoples.
Treaty:
International law. A treaty is a compact made between two or more independent nations with a view to the public welfare treaties are for a perpetuity, or for a considerable time. Those matters which are accomplished by a single act, and are at once perfected in their execution, are called agreements, conventions and pactions.
2. On the part of the United States, treaties are made by the president, by and with the consent of the senate, provided two-thirds of the senators present concur. Const. article 2, s. 2, n. 2.
3. No state shall enter into any treaty, alliance or confederation; Const. art. 1, s. 10, n. 1; nor shall any state, without the consent of congress, enter into any agreement or compact with another state, or with a foreign power. Id. art. 1, see. 10, n. 2; 3 Story on the Const. §1395.
4. A treaty is declared to be the supreme law of the land, and is therefore obligatory on courts; 1 Cranch, R. 103; 1 Wash. C. C. R. 322 1 Paine, 55; whenever it operates of itself without the aid of a legislative provision; but when the terms of the stipulation import a contract, and either of the parties engages to perform a particular act, the treaty addresses itself to the polit-ical, not the judicial department, and the legislature must execute the contract before it can become a rule of the court. 2 Pet. S. C. Rep. 814. Vide Story on the Constitut. Index, h. t.; Serg. Constit. Law, Index, h. t.; 4 Hall's Law Journal, 461; 6 Wheat. 161: 3 Dall. 199; 1 Kent, Comm. 165, 284.
5. Treaties are divided into personal and real. The personal relate exclusively to the persons of the contracting parties, such as family alliances, and treaties guarantying the throne to a particular sovereign and his family. As they relate to the persons they expire of course on the death of the sov-ereign or the extinction of his family. Real treaties relate solely to the subject-matters of the convention, independently of the persons of the contracting parties, and continue to bind the state, although there may be changes in its constitution, or in the persons of its rulers. Vattel, Law of Nat. b. 2, c. 12, 183-197.
Source : Bouvier 1856
Treaty Trader or Investor :
(Immigration Law)
As a nonimmigrant class of admission, an alien coming to the United States, under the provisions of a treaty of commerce and navigation between the United States and the foreign state of such alien, to carry on substantial trade or to direct the operations of an enterprise in which he/she has invested a substantial amount of capital, and the alien's spouse and unmarried minor children.
Source : United States Citizenship and Immigration Services (USCIS)
Treaty of peace :
A treaty of peace is an agreement or contract made by belligerent powers, in which they agree to lay down their arms, and by which they stipulate the conditions of peace, and regulate the manner in which it is to be restored and supported Vatt. lib. 4, c. 2, §9.
Source : Bouvier 1856
TREATY OF PEACE, GOOD CORRESPONDENCE & NEUTRALITY IN AMERICA, Between The Most Serene And Mighty Prince JAMES 11 By The Grace Of God, King of Great Britain, France & Ireland, Defender of the FAITH, LEWIS XIV The Most Christian King
Concluded the 16th Day of November, 1686
Published by His Majesties Command.
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IN the Savoy:Printed by Thomas Newcomb, One of His Majesties Printers. DCLXXXVI.
1.It is Concluded and Agreed, That from this day forward there be a
firm Peace, Union, Amity and good Correspondence, as well by Land
as by Sea, between the British and French Nations in America; as well
Northern as Southern; and within the Islands, Colonies, Forts, Cities
and Governments (without exception of Places) belonging to the most
Serene King of Great Britain, or to the most Serene most Christian King,
and which are under the Jurisdiction of either King, respectively.
11.That no Ships or Vessels, great or small belonging to the most Serene
King of Great Britain's Subjects in the said English Islands, Colonies,
Forts, Cities and Governments, shall be fitted out or employed to Invade
or Attack the most Serene most Christian King's Subjects in their Islands,
Colonies, Forts, Cities and Governments, or to do them any injury or damage.
In like manner that no Ships or Vessels, great or small, belonging to the
most Serene Christian King's Subjects in the said French Islands, Colonies,
Forts, Cities and Governments, shall be fitted out, or employed to Invade
or Attack the most Serene King of Great Britain's Subjects in their Islands,
Colonies, Forts, Cities, and Governments, or to do them any injury or damage.
111.That no Soldiers, Armed Men, or any others whatsoever, inhabiting and
living in the said English Islands, Colonies, Forts, Cities and Governments,
or who come out of Europe to be in Garrison there, shall commit any Act of
Hostility, or do any injury or damage directly or indirectly against the most
Serene most Christian King's Subjects in the said French Islands, Colonies,
Forts, Cities and Governments, neither shall they give any Assistance or
Supplies of Men or Victuals to the barbarous or wild Indians, with whom
the most Christian King shall have a War. In like manner no Soldiers, Armed Men, or any others whatsoever inhabiting and living in the said French Islands, Colonies, Forts, Cities and Governments, or who come out of Europe to be in Garrison there, shall commit any Act of Hostility, or do any injury or damage directly or indirectly against the most Serene King of Great Britain's Subjects in the said English Islands, Colonies, Forts, Cities, and Governments; neither shall they give any Assistance or
Supplies of Men or Victuals to the barbarous or wild Indians, whit whom the
King of Great Britain shall have a War.
IV.It is agreed, That both Kings shall have and retain to themselves all the
Dominion, Rights and Pre-eminences in the American Seas, Roads, and other
Waters whatsoever, in as full and ample manner as of right belongs unto
them, and in such manner as they now profess the same.
V.And therefore the Subjects, Inhabitants, Merchants, Commanders of Ships,
Masters and Mariners of the Kingdoms, Provinces, and Dominions of each
King respectively shall abstain and forbear to Trade and Fish in all Places
possest, or which shall be possest by the one or the other Party in America,
viz. The King of Great Britain's Subjects shall not direct their Commerce
and Trade, nor Fish in the Havens, Bays, Creeks, Roads, Shoars, or Places
which the most Christian King holdeth, or shall hereafter hold in America;
and in like manner the most Christian King's Subjects shall not direct their
Commerce and Trade, nor Fish in the Havens, Bays, Creeks, Roads, Shoars,
or Places which the King of Great Britain possesseth, or shall hereafter
possess in America. And if any Ship or Vessel shall be found Trading or
Fishing contrary to the Tenor of this Treaty, the said Ship or Vessel with
its Lading (due Proof thereof being made) shall be Confiscated; Nevertheless
the Party, who shall find himself aggrieved by such Sentence of Confiscation,
shall have liberty to apply himself to the Council of State of that King,
by whose Governors or Judges the Sentence has been given against him,
and there complain of the Matter, which never-the less shall not stop the
Execution of the Sentence: But it is always to be understood, That the
Liberty of Navigation ought in no manner to be disturbed, where nothing is
committed against the genuine sense of this Treaty.
VI.It is also agreed, That in case the Subjects and Inhabitants of either of the
Kings with their Shipping (whether Public and of War, or Private and of
Merchants) be forced through stress of Weather, pursuit of Pirates and
Enemies, or any other urgent Necessity, for the seeking of Shelter and
Harbor, to retreat and enter into any of the Rivers, Creeks, Bays, Havens,
Roads, Ports, and Shoars belonging to the other in America, they shall be
received and treated there with all Humanity and Kindness, and enjoy all
friendly Protection and Help. And it shall be lawful for them to refresh and
provide themselves at reasonable and the usual Rates with Victuals, and all
things needful either for the Sustenance of their Persons, or Reparation of
their Ships, and Conveniency of their Voyage; and they shall in no manner
be detained or hindered from returning out of the said Ports or Roads, but
shall remove and depart when and whither they please, without any let or
impediment. Provided always, that they do not break Bulk, nor carry out of
their Ships any Goods, exposing them to Sale, nor receive any Merchandise
on Board, nor employ themselves in Fishing, under the Penalty of the Confiscation
of Ships and Goods, as in the foregoing Article is expressed. And it is further
agreed, that whensoever the Subjects of either King shall be forced to enter with
their Ships into the others Ports, as is above mentioned, they shall be obliged
at their coming in to hang out their Flag or Colors of their Nation, and give
notice of their coming by thrice firing a Cannon, and if they have no Cannon,
by thrice firing a Musket, which if they shall omit to do, and however send their
Boat on Shoar, they shall be liable to Confiscation.
VII.If any Ships belonging to either of the Kings, their People and Subjects, shall
within the Coasts or Dominions of the other stick upon the Sands, or be Wreck
(which God forbid) or suffer any Damage, all friendly Assistance and Relief
shall be given to the Persons Shipwrackr, (shipwreck)? or who shall be in
danger thereof, and Letters of Safe-conduct shall likewise be given to them
for their free and quiet passage thence, and the return of everyone to his own
Country.
VIII.When it shall happen, that the Ships of either Party, (as is above mentioned)
through dangers of the Sea, or other urgent cause, be driven into the Ports of
the other, if they by Three or Four together, and may give just ground of
Suspicion, they shall immediately upon their arrival acquaint the Governor
or Chief Magistrate of the Place, with the Cause of their Coming, and shall
stay no longer than the said Governor or chief Magistrate will permit, and
shall be requisite for the furnishing themselves with Victuals, and the Reparation
of their Ships.
IX.It is also agreed, That the King of Great Britain's Subjects, inhabiting the
Island of St. Christopher's, may fetch Salt from the Salt Ponds there, and
carry the same away, as well by Sea as by Land, without any Hindrance or
Molestation: And also that the Most Christian King's Subjects of the said
Island may enter into the Rivers of the great Road, there to fetch or provide
themselves with Water; upon condition nevertheless, that the King of Great
Britain's Subjects shall only in the daytime (take Salt)? upon their Ships or
Vessels, and in like manner that the Most Christian King's Subjects shall
fetch Water in day time only. And also that the Ships or Vessels, of either
Nation, which shall come for Salt or Water, shall be obliged to give Notice of
their Coming, by hanging out their Flag or Colours of their Nation, and by thrice
firing a Cannon, and if they have no Cannon, by thrice firing a Musquet. And
in case any Ship of either Nation shall ( Trade) ? or Traffic under pretense of
fetching Salt or Water, the said Ship shall be Confiscated.
X.The Subjects of either Nation shall not Harbor the Barbarous or wild Inhabitants,
or the Slaves or Goods, which the said Inhabitants have taken from the said
Inhabitants have taken from the Subjects of the other Nation. Neither shall
they give them any Assistance or Protection in their said Depredations.
XI.The Governors, Officers and Subjects of either King shall not in any way molest
or disturb the Subjects of the other, in settling their respective Colonies, or in their
Commerce and Navigation.
XII.And the more to assure the Subjects of the King of Great Britain, and of the Most
Christian King, that no Injury shall be offered to them by the Ships of War, or private
Men of War of either sides, all the Captains of the Ships as well of His Majesty of
Great Britain as of the Most Christian King, and all their Subjects, who shall set out
private Men of War, and likewise their Privileged Companies shall be enjoy( )?
to do any Injury or Damage whatsoever to the other; which if they do, they shall be
punished, and moreover be liable to (satisfy)? all Costs and Damages by Restitution
and Reparation, upon Pain and Obligation of Person and Goods.
XIII.For this Cause all the Commanders of private Men of War shall from henceforth be obliged, before they receive their Commissions, to enter before a Competent Judge
into good and sufficient Security, by able and responsible Men, who have no part
or interest in such Ships, in the Sum of One Thousand Pounds Sterling, or Thirteen
Thousand Livres, and when they have above One Hundred and Fifty Men, then in
the Sum of Two Thousand Pounds Sterling, or Six and Twenty Thousand Livres,
that they will give full satisfaction for any Dangers or Injuries whatsoever, which
they or their Officers (and)? others in their Services, shall ( )? their Courses at
Sea, contrary to this pro......? or any other whatsoever....? His Majesty of Great
Britain and the said Most Christain King, and upon Pain of Re....? and .......
...? in which it shall be always .....? they have given such Security as
abovesaid, And likewise it is agreed, that the Ship.....? shall be also liable to make
satisfaction for Injuries and Damages done by Her.
XIV.And whereas several Pirates (Proving)? down the American Seas, as well Northern as Southern, do much (dam...age)? Trade ans so left the Subjects of both Crowns in their Navigation and Commerce in those Parts agreed, that (.....)? orders shall be givento the Governors and Officers of both Kings, that they give no Assistance or Protection to any Pirates or what Nation forever, nor suffer them to have any Retreat in the Ports or Roads of their respective Governments, and the said Governors and Officers shall also be expressly Commanded to punish, as Pirats, all such who shall Arm out any Ship or Ships for Privateering, without lawful Commission and Authority.
XV.No Subject of either King shall ask or take any Commission , or Letters of (Mart)?
for Arming any Ship or Ships to go Privateering in America, whether Northern or
Southern, from any Prince or State, with whom the other ship Wars, and if any Person
shall take such Commission or Letters of (Ma...)?, he shall be punished as a Pirate.
XVI.The Most Christian King's Subjects shall have full Liberty to Fish for Turtles in the
Islands of Cayman.
XVII. That in case it should happen, any differences or disputes should arise between the Subjects of the said Most Serene Kings in the said Islands, Colonies, Forts, Cities
and Governments under the Dominion of either respectively, whether at Sea, or
at Land, this Peace and Good Correspondence shall not thereby be interrupted or
infringed; but the said differences, which may happen between the Subjects of both
Kings, shall be adjudged and determined by the Governors of each Jurisdiction
respectively, where they shall have arisen, or by them whom they shall depute;
and if the said differences cannot within the space of one Year be determined by
the said Governors, they shall transmit the same, with the first, to the Most Serene
Kings, to determine the same according to Justice, in such manner as they shall
think fit.
XVIII. It is further concluded and agreed, That if any Breach should happen (which
God forbid) between the said Crowns in Europe, no Act of Hostility , neither at
Land nor at Sea, shall however be done by any of the most Serene King of Great
Britain's Garison, Souldiers or Subjects whomsoever of the Islands, Colonies, Forts,
Cities and Governments, which now are, or hereafter shall be under the English
Dominion in America, against the most Serene most Christian King's Subjects,
inhabiting or residing in any of the American Colonies: Likewise reciprocally, that
in the abovesaid case of a Breach in Europe, no Act of Hostility, neither at Land nor
at Sea, shall however be done by any of the most Serene most Christain King's
Garisons, Souldiers or Subjects whomsoever of the Islands, Colonies, Forts, Cities
and Governments, which are now, or hereafter shall be under the French Dominion
in America, against the most Serene King of Great Britain's Subjects inhabiting in
any of the American Colonies, or residing there. But a true and firm Peace and
Neutrality shall continue in America between the said British and French Nations in
the same manner, as if such Breach in Europe had not happened.
XIX. It is provided and agreed, That this present Treaty shall not in any wise derogate
from the Treaty concluded between the said most Serene Kings at Breda the 21/31
day of July, in the year of our Lord 1667. But that all and singular the Articles and
Clauses of that Treaty shall remain in force and be observed.
XX. That all Treaties or Articles at any time heretofore made and concluded between
the said Nations, upon the Island of St. Christophers or elsewhere in America, shall
be in force as formerly, and shall be observed on both sides as heretofore, unless
where they shall be found to be contrart to this present Treaty.
XXI. Lastly, It is agreed and concluded, That this present Treaty, and all and singular
the Matters therein contained, shall, as soon as may be, ratified and confirmed, and
that the Ratifications thereof shall within the space of two Months from the date of
these Presents be reciprocally exchanged between both Parties; And within the space of eight Months, or sooner if it may be, be published in all the Kingdoms, Dominions and Colonies, as well in America as elsewhere of both Kings. In Witness whereof, We the Plenipotentiaries, have Signed and Sealed this present Treaty. Given in His Majesties Palace of Whitehal the 6th/16th day of November 1686.
Jeffreys C. (L.S.)
Barillon L Amoncourt. (L.S.)
Rochester (L.S.)
Sunderland (L.S.)
Middleton (L.S.)
Godolphin (L.S.) F I N I S
This is a list of letters and manuscripts totaling 1,140 pages concerning the conquest of Canada. Each document can be verified by the original which is referred to in the foot notes of every one.
1. Letter of Dec. 22, 1736 Massachusetts intending to contest Crown's rights to King's Woods fit for Navy.
2. Letter of July 22, 1741l Instructions to the Governor.
3. Letter of Dept. 10, 1741 General Instructions.
4. Letter of Sept. 10, 1741 Instructions as to Navigation and Trade Laws.
5. Letter of Aug. 10, 1744 Treaty with Indians renewed.
6. Letter of Oct. 16, 1744 Relations with Cape Sable and St. John's Indians.
7. Letter of Jan. 9, 1744 Urges attack upon Cape Breton.
8. Letter of Jan. 14, 1744 Instruction to assist in execution of office of Surveyor-General of the King's Woods.
9. Letter of Jan. 19, 1744 Expedition against Louisbourg and Cape Breton.
10. Letter of Jan. 29, 1744 Proposals for an expedition against Louisbourg.
11. Letter of March 8, 1744 Orders for embarkation at Boston for Cape Breton.
12. Leter of April 8, 1745 Proposal for second expedition against Canada.
13. Leter of April 24, 1754 Fears Six Nations will go over to the French.
14, Letter of July 12, 1745 (To Penobscot and Norridgewalk Indians).
Confidence to be placed in the English.
15. Letter of July 22,1745 Relating to the Penobscot Indians and
hostilities on the St. George's River.
16. Letter of Nov. 16, 1745 Proposals for maintaining control of Louisbourg and Canada.
17. June 2, 1746 Proclamation-Enlistments for expedition against Canada
18. Letter of July 4, 1746 Expedition against Canada/
19. Letter of July 7, 1746 Importance of Quebec in a conquest of Canada.
20. Letter of July 28, 1746 Necessity of British Naval control of mouth of
St. Lawrence.
21. Letter of Aug. 20, 1746 (To Paul Mascarene) French movements in
Eastern Canada.
22. Letter of Aug. 25, 1746 Campaign against Canada.
23. Letter of Sept. 4, 1746 (To Paul Mascarene) Loyal French need not
fear transportation.
24. Letter of Nov. 11, 1746 Plans for campaign in N.S.
25. Letter of Nov. 12, 1746 Plan for expedition against Crown Point.
26. Letter of Dec. 19, 1746 (To Paul Mascarene) Removal of French from
Nova Scotia.
27. Letter of Feb. 7, 1747 Alliance with Indians in N.Y. dependent upon
prompt action.
28. Letter of May 18, 1747 Six Nations ready to act against French if rewarded.
29. Letter of June 29, 1747 Provincial Congress at Albany in Sept..
30. Letter of July 24, 1747 Danger of Six Nations going over to the
French.
31. Letter of Aug. 15, 1747 Importance of expedition against Nova Scotia
32. Letter of Aug. 31, 1747 Regarding an alliance with the Six Nations.
33. Letter of Sept. 14, 1747 Financial assistance from the Crown for an
Indian alliance.
34. Letter of Feb. 14, 1748 Will endeavor to keep Indians loyal to the
Crown.
35. Letter of July 23-27, 1748 (To The Six Nations) Negotiations at
Conference at Albany.
36. Letter of July 29, 1746 Positions of Six Nations.
37. Letter of Aug. 18, 1748 (To Lords of Trade) Military and Indian Affairs
38. Letter of Oct. 24, 1748 Participation of several colonies in Canadian expedition.
39. Plan for Civil Government of Nova Scotia.
40. Letter of May 9, 1749 Status of Abenaqui Indians.
41. Letter of May 19, 1749 Canadian Indians being stirred up against the
English.
42. Letter of Sept. 18, 1753 Renewal of covenant with Six Nations.
43. Letter of Jan, 1754 March of hostile Indians.
44. Letter of March 28, 1754 Troubles with Indians in Maine.
45. Letter of April 2, 1754 Urges conference between American Colonies and Indians at Albany. Advantages of joint
conference.
46. Letter of April 9, 1754 Regarding the proposal conference at Albany.
47. Letter of April 19, 1754 Appointment of men to treat with the Indians at Albany.
48. Letter of July 8, 1754 Conference with Eastern Indians.
49. Letter of Nov. 7, 1754 Indian hostilities.
50. Letter of Feb. 4, 1755 Indians jealous of colonial encroachment.
51. Letter of Feb. 24, 1755 (To James DeLancey) Expedition against French
and Indians.
52. Letter of April 16, 1755 Commission of and Instructions to William Johnson.
53. Letter of June 25, 1755 Expedition of Lt. Col. Monckton in Nova Scotia.
54. Letter of Aug. 15, 1755 Plan for the Conquest of Canada.
55. Letter of Sept. 3, 1755 Johnson's complaints and wishes to be
independent in Indian matters.
56. Letter of Sept. 30, 1755 Position of the Indians.
57. Letter of Nov. 8, 1755 Importance of treating the Indians kindly.
58. Letter of Nov. 9, 1755 Garrisons for the Indians.
59. Letter of Nov. 30, 1755 Possibility of Indian Treaty in the spring.
60. Letter of Dec. 10, 1755 (To William Johnson) Instructions for Indian
Conference.
61. Letter of Dec. 11, 1755 (To William Alexander) Offer for a conference
accepted by many Indians.
62. Letter of Dec. 19, 1755 Proceedings of Albany council.
63. Letter of Dec, 1755 Measures proposed for western governments to
take against the Indians.
64. Letter of Dec. 22, 1755 Continued ravages of the Indians.
65. Letter of Dec. 24, 1755 Instructions as to Indians from the Six Nations.
66. Letter of Dec. 30, 1755 Dealings with Southern Indians, Proposal for joint
efforts of all colonies in America.
67. Letter of Jan. 5, 1756 (To Lords of Trade) Sketch of system for
management of Indian Affairs.
68. Letter of Jan. 12, 1756 Dispositions of the Indians.
69. Letter of Jan. 28, 1756 Hopes for assistance from the Indians.
70. Letter of Feb. 23, 1756 Plans for years campaign against French and
Indians.
71. Letter of May 25, 1756 Council of War at Albany.
72. Letter of May 27, 1756 Minutes of Council to be kept secret. Plans for
future military movements.
I wish to inform you that my friend and I are Aboriginal/Acadian Researchers. She has
managed to find a collection of over 400 letters that were written by King George III who appointed a "secret person" to take control on behalf of England, and she has a copy of the Orders from the King. Every document she has refers to where the "originals" are, which none are in Canada. There was also a document signed by Britain during the 1600's which is listed as "restricted". She managed to get a copy of this document which, by the King signing this item, proves that Britain had absolutely no claims to this country. This document will prove John Cabot's discovery, which the
courts use, as null and void due to this very important agreement. Also, in the letters she has found, King George III during the 1740's gave his Royal Orders" to this secret person to follow this agreement, and in other letters and the British admit to breaking this agreement, yet no one ever noticed. These documents have been checked out by a lawyer who was shocked at this finding, and told her to put this away until she felt the timing was right to expose this, for this was a major piece of history, and all can be used in major land claim. Also included in these documents is the conference with The Six Nations which was held at Fort Frederick in Albany July 23, 1748. The answers from the Sachems of The Six Nations on July 26, 1748 are included as well as the speech made to the River Indians at Fort Frederick, Albany on July 27, 1748.
The correspondence also includes letters from: The Lords of Trade; Lord President of The Council; General Court of Massachusetts; Royal Instructions from The Crown; Lords of The Admiralty; Lords of Commissioners: Plan for the Conquest of Canada; Plan (map) of seige of Louisbourg 1745.
THESE ARE A FEW SAMPLES OF THE CONTENTS OF SOME OF THESE LETTERS.
(Sketch of a system for the Management of Indian Affairs in North America under oneGeneral Direction.) New York Jan 5, 1756".......propos'd System, as divided into four Districts, Vizt The Indians at first called the Five Nations, now the Six Nations, which Inhabit along the South side of the Mohawk's River, the Oneida Lake, the River Onondago, and the Lake Ontario; the Indians which inhabit along the North side of the Lake Ontario and Erie and on Lake Huron, & C.; the Indians, which Inhabit the Rivers Delaware, Susquehanna, Ohio & c as far as Georgia; and the Indians which Inhabit to the Eastward of New England, and in the Service of Nova Scotia as far as the Southern Bank of the River St. Lawrence. The principal Articles, in which the proper management of these Indians, in order to fix them in the English Interest and a Dependence upon the Crown of Great Britain consists are,
1st the affording their Old Men, Women and Children protection against the French and their Indians, whilst their Warriors were absent from them;
2dly a due Regulation of the Trade with Them;
3dly a Regulation of the Sale of Their Lands, and preventing Encroachments being made upon Their Hunting Grounds;
4thly The expelling French Missionaries from among them and Introducing English Protestant Ministers in Their Room. As to the 1'st Article the building and maintaining small Forts and Garrisons in their Countries, with their Consent is necessary; Besides the protection, this will afford to their Families, it will give us a constant inspection over them, and if discreet Officers are posted in the Forts, will greatly Increase their Attachment to the English."
Camp at Oswego, Oct. 4, 1755 "I approve much of having small Forts erected in every one of the Six Nations of Indians, as what will have a great tendency to conciliate them to the English, and to fix them in a dependence upon his Majesty. For this reason I will send thirty men to the Onandaga Castle to build them one at their own Request to me, and shall propose the same thing to the Oneidas, and if they consent to it, will have a small one built upon their Carrying place, as I shall likewise think it right to do in the Country of the Tuscaroras, Cayugas, and Senecas, Not that I am of opinion these Forts will secure the Indian Country to his Majesty against the French; nothing can effectually do that or cover the English Territories South-Eastward of this Lake, but holding Oswego. If that, which is the Key of the Country of the Six Nations, should be lost to the French, they will soon be masters of that whole Country, and draw all those Indians intirely into their Interest; and when that shall happenyour Excellency may look upon all the intermediate Country between this Lake and the City of New York to be gone too."
Boston, New England Feb 4, 1755 "The Indians in general are certainly uneasy at any incroachments upon their lands whether by French or English: Could we but perswade Them by such plans of settlements in their country as the enclosed Chart exhibits a specimen of, that the real design of the English was to protect them in the possession of their country, not to take it away, it would be carrying all points with them.
CONFERENCE WITH THE INDIANS
To The Six Nations of Indians, vizt the Mohawks, Oneydays Tuskaroras Onondagas, Cayougas, and Senekes, as also to their Allies vizt Oghquuges, Toalaghreghroonees and Scanehaderadeyghronees at Fort Frederick in Albany, the 23rd day of July 1748.
"Brethren, Whilst You strictly observe the Orders which Governour Clinton has given you and keep Your selves closely united to Your Brethren, and depend upon The King Your Father for his Protection of You and Your Families in the Enjoyment of Your Lands and Possessions, You will be in no danger of being drove out of Your Country and having Your Nations Extirpated; but may rest secure of being treated with the same Paternal Regard by the King Your Father, as his English Subjects are.................(Gave a Great Belt.)
The above are all true typed copies of the originals which have been hidden since the 1700's and only a selected few have been allowed to be published about 100 years ago. She has managed to collect all the letters except for the ones that are still being kept hidden, but by locating all these originals, the rest would all be there on micro-film outside Canada. They are the missing pieces to the 1725 Treaty that was re-newed in 1752 which will prove the "true intent" of signing these treaties, which was not a land give-away by the Native Peoples.
Treaty:
International law. A treaty is a compact made between two or more independent nations with a view to the public welfare treaties are for a perpetuity, or for a considerable time. Those matters which are accomplished by a single act, and are at once perfected in their execution, are called agreements, conventions and pactions.
2. On the part of the United States, treaties are made by the president, by and with the consent of the senate, provided two-thirds of the senators present concur. Const. article 2, s. 2, n. 2.
3. No state shall enter into any treaty, alliance or confederation; Const. art. 1, s. 10, n. 1; nor shall any state, without the consent of congress, enter into any agreement or compact with another state, or with a foreign power. Id. art. 1, see. 10, n. 2; 3 Story on the Const. §1395.
4. A treaty is declared to be the supreme law of the land, and is therefore obligatory on courts; 1 Cranch, R. 103; 1 Wash. C. C. R. 322 1 Paine, 55; whenever it operates of itself without the aid of a legislative provision; but when the terms of the stipulation import a contract, and either of the parties engages to perform a particular act, the treaty addresses itself to the polit-ical, not the judicial department, and the legislature must execute the contract before it can become a rule of the court. 2 Pet. S. C. Rep. 814. Vide Story on the Constitut. Index, h. t.; Serg. Constit. Law, Index, h. t.; 4 Hall's Law Journal, 461; 6 Wheat. 161: 3 Dall. 199; 1 Kent, Comm. 165, 284.
5. Treaties are divided into personal and real. The personal relate exclusively to the persons of the contracting parties, such as family alliances, and treaties guarantying the throne to a particular sovereign and his family. As they relate to the persons they expire of course on the death of the sov-ereign or the extinction of his family. Real treaties relate solely to the subject-matters of the convention, independently of the persons of the contracting parties, and continue to bind the state, although there may be changes in its constitution, or in the persons of its rulers. Vattel, Law of Nat. b. 2, c. 12, 183-197.
Source : Bouvier 1856
Treaty Trader or Investor :
(Immigration Law)
As a nonimmigrant class of admission, an alien coming to the United States, under the provisions of a treaty of commerce and navigation between the United States and the foreign state of such alien, to carry on substantial trade or to direct the operations of an enterprise in which he/she has invested a substantial amount of capital, and the alien's spouse and unmarried minor children.
Source : United States Citizenship and Immigration Services (USCIS)
Treaty of peace :
A treaty of peace is an agreement or contract made by belligerent powers, in which they agree to lay down their arms, and by which they stipulate the conditions of peace, and regulate the manner in which it is to be restored and supported Vatt. lib. 4, c. 2, §9.
Source : Bouvier 1856