The Connecticut courant — Hartford, Conn., 1774-03-29 00:00:00, page 2

Agreeable to the genuine meaning, and most natural conftru^ioc
el the boundaries fpecified in the charter the true location of the grant
is this, bounded on the east by a line drawn from the mouth of
Narraganfet river to the feuth line of the Maflacbufetts, on the north
by the said south line running due weft, on the south by the ocean so far
at that is a southern boundary to any part of New-England, that is to
the fortieth degree of north latitude. This is fairly implied if not es
prefled in these words, all that part of our dominions in New Eng*
Sand bounden on the south by the sea ; and then, according to the char
ter all the breadth between the Mafftchufetts south line and the sea at
the southern boundary of New England io longitude to the south sea.
If we leave thefoa at any place Ihort of the fortieth degree of north
latitude it will n®t comprehend all that part of New England which is
bounded south by the sea, weft of Narraganfet bay ; and so cannot fa
tisfy the grant. Again when it is said, Jnd in longitude at the Une of
the Majfachufetts colony, running from east to weft, that it to fay from
the said Narraganfet bay on the east, to the south sea on the nuefl part,
the Import can be oothtng less, than that it shall run the given breadth
all the way to tbeweftern ocean, in a direction parallel with the equa
tor. These bouodaries were notorious. . The south line of the Mafla
chufctts had been most exprefaly deferred io their charter. No boun
dary coaid be more defiaite thaa Narraganfet river, where it falleth into
the sea : A line from this to the foath line of the Maflachefetts is equal
ly fixed and intelligible. No less notorious are the two seas on the
south and weft of New England. And again what can be more deter
minate than the breadth, between the lea which bounds New England
on the foath from Narragßofet bay westward and the line of the Mas
sachusetts ? With what solidity or candor then does the examiner, fay
the limits of the Connedicat charter, ‘ Are in the following, confufed,
de Wive, and unintelligible words.” Might I not with rqual truth and
generosity fay the fame of the grant of Sir William Penn, or of any o
ther ? Is Delaware river, or is the beginning of the forty third degree,
&c. in his patent more determinate than the limits of Connecticut ?
The CioncClicut patent being that stated, and their true location
fixed, it will be proper to take notice of the principal fadt which are
foppofed to operate a gain ft them. I shall begin with the fcnlemcnt
made with the Dutch. The New-England patent, by a certain pro
viso as already noticed, excepted such lands oat of the grant as were
then in the aduil possession of any ebriftian prince or state. The
Dutch at that time, when said grant was made were in aflual pofleffion
of Hadfon’s river, and of fume parts adjacent. This pofleffion was fur
reptitioufl/ taken, agaioft the repeated remonftrseces of the British
court, and was even difavo wed by the states general* However, for
this reafoo, a fcttlement of limits, with them, became neceflary, which
was eff.-ded in 1650 ; ’ The bounds upon the main to begin at the
weft fide of Greenwich bay being about four miles from Stamford and
to run a northerly line up twenty miles into the country.
On the 12th of March 1664 king Charles II by hi? letters patent
granted to his royal brother James, duke of York, * Hucfoo s river,
aod all the land from the weft fide of Conne&icat river, to the east fide
of Delaware bay. together with all the lands, foils, ill rods, Bcc. Aod
all his estate right, title, interest. benefit, advantage, claim and demand
of, in er to the"faid lands and premilcs, or any part or parcels thereof.”
Other lands were included io the patent, but do not affeft the prefect
coatroverfy. The fame year colonel Nicholls difpoflefled the Dutch,
and catered upon their territory, io behalf of the Duke of York. This
* Smith'e binary of New Jer Uy,
t - {Continuation of the Piece begun in the Supp'ement]
George Fenwick, which they were gives to underftaod was derived
from true royal authority by letters patent to certain lords aod gen
tlemen therein nominated,” praying in theft words, ’ May it there
fore please your most excellent and gracious majesty, to confer upon
your humble petitioners, who acanimoufly do implore your hgh
nefs’s favor and grace therein, those liberties, rights and authorities
and privileges, which were granted by the afore mentioned letters pa
tent, to certain lords and gentlemen so purehafed as aforefaid, or which
were enjoyed from those letters patent granted to the Maflachofctts
plantation. r
* May it please your majesty graciously to bestow upon your hunt*
blc supplicants, such royal munificence according to the tenor of a
draft or in^rumcot, which is ready here to be tendered at your gra
cious order.’
Ufon this petition his majesty iflued bis letters patent under the
great seal ordaining that the colony of Connedicut Ihculd for ever
hereafter be one body corporate and politic in fad and name, cen
firmiog to them, said ancient grant and purchase, for the very reasons
set forth io their petition, in tha words following, * Know ye further
that we of oar abundant grace, certain knowledge and meer motion,
have giveo, granted and confirmed, aid by these prefects, for ns oar
heirs and facet (Tors, do give, grant and confirm unto the said governor
and company, and their fucccflors, all that part of oct dominions in
New-England in America, bounden on the east by Narraganfet river,
commonly called Narraganfet bay, where the laid river falleth into the
fca : And on the north by the line of the Maflichufetts plantation,
and on the south by the fca : And is longitude as the line of the Maf
facbafctts colony, running from east to weft ; That is to fay from
the said Narraganfet bay on the east, to the south sea on the waft
part, &c. Aodlaftly.we do for us, our heirs, and facccflers, grant
to the said governor and company, and their fucceftbrs, by these pre*
fonts, That theft our letters patent (ball be firm, good, and eflcdual
in law, to all intents, conftraftioas, and parpofes whatsoever, according
to our true intent and meaning herein before declared, as shall be con
strued, reputed, and adjudged most favorable on the behalf, and for
the best benefit, and behoof of the said governor and company and their
fucccflors.’ .
the 29 h of June, 1674, in the very words of the former, differing io
nothing but the date 51
Teo years afterwards the boundaries between his Royal Highoefs,
and the colony of Conne&icut, wer^ fettled at Byram river, between the
town of Rye and Greenwich J, to run parallel with Hudson’s river, at
twenty miles diflance : To which the parties agreed as followcth,
* And if it please the king’s majesty tod his royal highnefa to accept
* and confirm these articles, they flit I be gbod to all intents forever,
* between his royal highnefa, his heirs and afligns, and the corporation
*of Connedicut, aod their fucceffhrs’. Of this line there was made an
a&ual survey, by commtffioners, mutually appointed, the fame
year ; and upon an ex parte application from New York, it was. on the
28th of March 1700, confirmed by hts majesty, king William, in
council.
Kimg Charles 11. by royal charter § did give and grant, unto
Sir William Penn, his heirs and assigns, ‘ All that trad or part of land
e in America, with the iGiods therein contained, as the fame is bounded
« on the daft by De ’aware river, from twelve miles diftince north*
‘ wards of New C^fle town, unto the three fortieth degree of north t
e era latitude, if the said river doth extend so far northward, : But if
‘ the said river (hall not extend so far northward, then by the said river
’ so far as it doth extend, and from the head of said river the caftero
« bounds are to be determined by a meridian line, to be drawn from
« the head of the said river, unto the said forty third degree. The
« said land to extend weft ward five degrees in longitude to be computed
« from the said eaftearo bouads ; and the said lands to be bounded on
« the north by the beginning of the three and fortieth degree of north
< ern latitude, and on the south by a circle drawn at twelve miles dif*
« tance fromArw Cafile northward,and westward, onto the beginning of
' the fortieth degree of Northern latitude, and then by a strait line
* westward to the limits of longitude above mentioned, To have,
* hold, poflefs, aod enjoy uoto the said William Penn, his heirs aod
* affigos forever,” &c. *
la 1680, The Honourable Board of Trade and Plantations, sent this,
among other queries to the Governor and Company of the colony of
Goonedicut, viz. “ What are the boundaries, long. fat. and contents
of had withiu your government”? The governor and company madie
answer, “ Our boundaries are exprefled io our charter f ” The fame
qocdioa has been repeatedly asked ficce that time, and ever hath been
answered as above, two inftances.at most, excepted.
The capita! fails,on which, the intending cause, depending, be
tween the two colonies of Coontili »t and Penofylvania, most receive
a final decision, are now brought in o view ; and a few remarks will
prepare the way for realbning on the fubjsil, from the great and general
principles, by which it moft,at last be determined,
It (hould new be rematke l every reader Should keep it in mind, That
agreeably to the state of the case now made, which is founded on faits
the most unyielding and ftahborn, the grant to the earl of Warwick,
consigned aod made over to lord Say end Seal, extended far beyond
the western boundary of the Province of New. York, and covered a
very confiierablc part of the territory afterwards granted to Sir Willi
am Penn : That the grant made to the earl of Warwick aod cacfigned
as above, was ratified and confirmed by the king’s majesty a complete
half century, before the grant of letters patent to Sir William: And,
that this patent after the corlignment of it to lord Say and Seal, aod
after the parchafe of it, by the Conneilicut planters, was considered by
the greatest men of that day, io both Englands, as being of equal force
and valitidy, with the patent of the Massachusetts, or any toher what*
soever, so far as it refp:iled the fee and property of the lands comprifcd
within the limits of it, though the right of dominion was veiled in the
crown.
Agaim it (hould be remarked, and particularly cbferved, That the
charter of the Colony of Connecticut w«s granted upon an express pe
tition to his majesty, that the patent granted to certain lords and gen
tlemen, and purehafed by the ConneUicUt planter}, with all “ those liber*
tiet rightt, and authorities and privileged' granted to them, might be
conveyed and made over to the governor and company of the colony
efConoc&icut : And also, that it might be •• according to the tenor
of a draught or infirument ready to be tendered as his majesty's gracitisi
f June ^Oth 1673-
5| Smith's history of New-York.
I This is nearly the lineyf which an accurate elefcription is not maw
rial, in the present case. § 1681.
* Gov, Golden's history, t Jnly 15 i6BSJ
mide it neccflary to mtke a fetllcment of boundaries with the said
Duke. Cimmiffioners were appointed for that purpose, who did order
and declare, ‘ That the creek or river, called Momoronock, which is
reputed to be about twelve miles e&A of Weft Chefler,aod a line drawn
from the c*A point or fide, where the frefh water falls ioto the fait, at
high water mark, north northwest to the line of the Maflachufctts be
the weftero bounds of the said colony of CooceAicat.’ Ail plantations
to the westward of said creek and line were to be under the government
of bis royal highoefs, and all to the eastward to be under the govern
ment of Cuonedicut. To this fettlecsent Governor Winthrop aod the
other commffijnrrs of Conßcflicut fubferibed in these words,- ‘ We
under written cn behalf of the colony of Cooceft(cut,bave aflented unto
the dererminatioo of his majesty’s comtniffi jners, io relation to the
bounds and limits of his royal highoefa the duke’s patent, and the
patent of Conne&icut.’
Coi.onex. Nicho s prefixed three years at New York, which jat'me
was (pent principally in examining and fettling the ancient Dutch
grants aod claims. Nine years after, f the Dutch recovered their
pofleffion, at New York, acd revised their government. However,
on a treaty of peace, the nextFeb:u ry.they were restored to the crowo
of Great Britain, and his majesty renewed letters patent to the Duke, on