The Connecticut courant — Hartford, Conn., 1774-03-29 00:00:00, page 5

The CONNECTICUT COUKAM 5
To the P U B L I ,C. ; . •■ . .
IT w 11 be difficult to farm a more just and candid idea of the pub
lic thaa that I'uggcUcd by * great writer in the words following :
«. There is a crisis, when oo certain fubjeits, the sober remonstrances
of troth and reafoo, are of little avail againd the misguided impetuofhy
of public prejudice. „ . . . .. ..
. “ Happily, however, an intemperance of this kind is generally as
tranfieat as it is violent ; and, as its rage abates, the minds cf the peo
ple become open to convi&idn -
“ There is a regard dae'even to the misapprehensions of the pub
lic : and no p udent admtoiftration, will be inattentive to what is
cJied popular clamour. Indeed the public opinion is seldom er
rdpras when founded on just information : But removed, as Lr the
greater part are, from the source of true intelligence, how easy it is
r'.r those who have an interest in impofi-g on the public, to mit
k 1 nem, by faife reprefentati^. and alarm them with vain appre
fi-uS.ut ? Impelled by such mistaken motives, how frequently have
th; concurred in m^afures, which tended to defeat the very
, ; .; had in view, and which were ultimately deftruaive of their
© 7: c 1 ? . ■ , <
aere is that justice and grnerofity in the public, not a!w?ys
V. > a tnd in individuals . When the peGpe by candid ani temperate
rr aments, are perfaaded, that thier opinions and apprehcnfhns are
groundless, they are ready to renounce them and to turn their refent
mect against those who have deceived and mifl:d them, *
Lt tbs good opinion of the pub ! ic 1 (hall venture, at a juncture like
the prefect, to lay before them a variety of fa<Sr relative io the claim
if the colsoy of Gonneaicut to lands lying weft of the province of
New York, with some observations on them.
Kiog Junes I. by letters patent under the great seal of Eng and,
bearing date November 3d, 1620 granted to the duke of Lenox and
divepj other perfnns, by the name of The council established at P>imoutb
in the county of Devon, for the planting, ruing ordering and governing of
New England in America, and to their fucccffars ail the lands lying
and being io breadth from forty degrees cf northerly latitude from the
Equinoctial line to forty eight degrees of said northerly latitude, and
in icogih by all the breadih throughout the main lands from sea to Tea.
By a provfta in this patent all such lands were excepted, as were then
actually poss J^rd or inhabited by any other chTtftian Prince or Btat£,
or within the limits of the southern co ony This council or the ma
jor part of them, with their successors were vested with full powers to
distribute, convey assign and set over particular portions of laud com
ptifed in said grant to others, under their common seal. , r
By this company various grants were made out both to bodies of men
and to individuals.
On the 19 hos March 1628 iH«y granted unto Sir Henry Rofwcll,
Sir Jbhn Young Knights. Thomas Soothcore, John Humphreys, John
Eodicot, and Simon Whitcofnbe their heirs, affijns and afTociates for
ever, all that pin of New England between Merrimack Ri»er and
Charles Rher, tn the bottom of Msffachußtts Bay. and three miles to
the north and fouih of every part of said Charles River, and three miles
to the fouthermoft part of said bay . and three miles to the northward
of every part of Merrimack Ri*er, and all the lands and hereditaments
whatsoever lying within the limits aforefaid north and sou h in lati
tude and in breadth ; and in length and longitude, of and within all
the breidth aforefaid throughout the main lands there, from the At
lantic and western sea and ocean on the call part, to the south sea on
the weft part. . .
King Charles E by his letters patent unuer the great seal ot Eng
land confirmed this grant. March 4 h 1629. ,
Oa the 19 h day of March 1631, Ruben ear! of Warwick, prehdect
of the council of Plimouth, under his hand and seal did grant and con
firm unto the Right Honourable Viscount Sayjaod Seal, L-rd Brook,
&c. to the number of eleven, . their heirs, tAigas, sod afTociates for
ever, “ All that part of New England in America, which Her and ex
tends ilfef from a river there called Narraganfet River, the space of
forty leagues upon a frail Une near the feafbore towards toe south weft,
^ft and by south, or weft as the ciali Heth towards Virginia, accounting
* Dr. Bldckflonf, gw tbs case of the Middlesex defiisn.
FRIDAY, April i, 1774-
three Engtifo miles to th league, and all and fmgular the lands and hi*
reditements whatsoever, lying and being within the lines aforefaid north
and south in latitude and breadth, and in length and longitude of and
within all the breadth aforefaid, throughout the main lands therefrom the
western ocean to the south seas ; and all lands and grounds. foil wood and
woods ground, havens ports, creeks and rivers, waters, fifhings and
hereditaments whatsoever lying within the said space and every part and
parcel thereof, and also ail t[lands lying in America aforefaid in the said
seas or either of them on the western or eastern wafts or ports of the said
trails of land by the presents to be given or granted.' \ In this grant
Narraganfet River is mectioced rxprcfsly acd indefinitely as the eaf
tero boundary, and the land gfapied is no less cxprefily said to be all
that part of New Ei gland which lies add extends itfelf from said river
fbrty leagues upon the sea (bore, as the coast lies ; not from any par
ticular part of said tiver . but from the whole of it To pitch upon any
particular part of said. river or upon a mere point, weu d be to put
a very Brained and ungenerous confttuftion on <he words, and will at
onde let the grant in such a point of view, as that it will be impcffible
ever to reconcile it's federal terms, oil to underftend them in any such
sense as they are commonly used, in inflruments of this kind or i 0
any other, as there may be occasion hereafter clearly to illustrate.—
Nmagasfct river therefore in the whole length of it, or. at leafi, until
it reaches the south line of the MafTachufetts, must be the eaflern boun
dary of the lauds granted by the deed, from the Earl of Warwick to
lord S«y and Seal, &c. and the breatfth of the tradf conveyed by said
deed. * This is further evident, in as much as feme breadth wae
given, otherwise no laud could have been granted, nor yet could there
be any propriety or meaning in these words, “ North and South in
latitude aod breadth,” which, as terms of this import are commonly
used, is nothing left than an express declaration that the breadth of
the lands granted was from North to South. These terms suppose *
breadth already g’»eo in latitude north and south, which could be n©
othx*uhan the Ichgth of Narraganfet river, or the breadth between a
line rubbing weft from the head of said river one hundred and twenty
miles, and the south line by the sea, it the fame diliance from said
eaftern.boundary ; which breadth thus sequ red, was to extend in con
fiftcncy wth the express words of the grant in length—and longitude
throughout'the main lands therefrom the wefterr ocean to tfee South
sea. That is, from the Atlantic ocean, at the termination of the one
hundred and tweo.y miles io the pacific ocean, commonly termed the
sea, and well known to be the western boundary of America Pre
sident Clap in his location of the original grant, from the council of
P imcuth, to the earl of Warwick, faith it was “ Ail that part of
New England which lies weft from Narraganfet river, one hundred and
twenty miles on the sea cosft and from ihence in latitude and breadth
aforefaid to the south fea”J That the above is a true location of the
earl of Warwick’s grant, is evident, further, from it’s agreement with
the boundaries fpccificd in the royal charter, to the colony of Cone&i
cut, which, it is very evident, was founded, as to extent and limits, on
the patent of the earl of Warwick.
Further that the boundaries on thi East. were as here reprefeotedaT
is mod evident, in that it covered the territory granted, afterwards, to
the duke of Hamilton, which was bounded E^ft on Nsrraganlet bay,
or river, Weft oa Connc&icut river, *nd South on the sea, running up
in land llx y miles, or <0 the South line of the Maffachufets § The
Commiffianers for the colony of Connediicut in their plea March
25th 166; in exclusion of the right of the said duke fay, “ The cri
giQil patent granted by royal noth;rity to the 'ord Say and Seal
f Douglas faith that this territory wa: granted to the earl cf War
wick by King Charles, 1630 and was in length from sea to sea. He
efigned thi grant to viscount Say and Seal vol 2. p. 90 and 160.
where he faith it is eofl and weft from Jca to lea , , t
* Thus men of the greaufl abilities and the be^ acquainted with the
history of the country have under flood the grant Pref cent Clap in hit
manuferipts faith, 1 This grant extends from point Judith to Kew York,
and from thence a weft line to the south tea and, if we take Narragan
fet river in its whole length this trafi will sxsendas far north as IVorcef^
ter. It comprehends the wh.te colony cj Connecticut and much more.*
$ Manuferipts of Prejident Clap. § Douglass vol, 11. p. 7?.