The Connecticut courant — Hartford, Conn., 1774-04-12 00:00:00, page 3

Answer,
The contested lands for the greneft part of
a century pad were in the poff-foo and under
the government of the original Indian proprie
tors who are averfed to felling and removing
from them, there was therefore no occasion fee
the colony of Connecticut to fay or do any thing
relative to the matter of title. Besides as they had
got 'till lately compleatly fettled the canntryj^
eluded io their charter limits on the caff of the
province of New York, which they executed
with all convenient dispatch, there could be no
culpable fi ence with regard to title, or nc,&
with regard tj fettlemeot in this case. A mao's
6 ence with regard to his title where he hath
no competitor, is not pleadable nor can be in
any case whatfdeier'
Furthermore, as soon #3 the Indian natives
were willing to make sale of the lands cootef
^d, and removed from them, Crnneaicut be
gan to purchase them, and to improve and a&
upon their title. There can therefore be no
weight at all-in this obfeaido jo the prefect case.
The objection will lie with the fame weight
and plausibility agaioft the proprietaries of
Peoofylvauia, as wgainfl the colony of Con
,e&icut. The reply of the comasiffioners #,
lately lent from thi: colony, to treat with the
proprietaries of Pennj,lvarga, to gev^notPeon,
sefpeaiog this point is worthy of particular
notice. It is to this effect, " The acqiiefence
of the'colony under the grant of Pennfy'vania,
is of no more force than the acquiefence of the
proprietaries under the grant of Connecticut .and
have little weight on either fide, tioce till very
lately the Indians refufed to give up the coun
try to either, add neither can be. cocGfcked as
having foffcred their claim to have lain cc'paby
dormant, under the particular circurnftanccs of
the cafe,sod the Gtuatioo of the country ; and
cfpecially this cannot be imputed toConoe&icut,
whose rent was exptefsly for the purpofeof
Settlement, but without limitation of time ; and
they had not 'till within oery few years pad,
fettled the country to the reward of New
York, and .confeqaently could not, upon any
proper grounds, sooner purine their claim, or
attend to (he s&ual fettlemcot of this western
part of their colony."
1 HAVE now done with the princ pal objee
lions urged by 'he examiner against the Con
ncaicut.tide, uolcG the griot to Sir Edmund
Pipyden,^ which he make* fb fcriou^ a business,
Should be thought to deserve some notice .With
regard to, this I won'd observe that the account
whith Smith gives of it, ('he an hor whom be
quotes,) when it comes well to be confiJercd,.
w 11 be very little to his purpofc, ha words arc
these : " King Charles gave a co^miffion to
Sir George Calvert, lately made lord Baltimore,
to poftfi and plant that p rt of America, now
Railed Maryland ; and to SirEtauhd Loe,den, •
or P ovden to plant the northern parts towards
New England."f Agreeably to this account of
Ployden's grant it Was only to extend towards
• New-England, confidently was not to cover
any part ofit. This grant is placed, by Smith
10 1623, and is reptefented as given by king
Charles I, the very fame year in which the
grant of Maryland, was made out to lord Balti:
more. By this we have demonstrative evidence
that Smith antedates it; by near ten years.
territory which had been granted from time to
time by them.
Objection V.
The long fiance of the colony ofConne&icut,
refolding their title, (heweih that they never
had aoy just claim or title to the lands io dii
pute, even in their own apprehenfuo; and if
they had any claim such ffebee cow for a whoe
century or more ought to be considered as a
just farrender or forfeiture of it. The colony
of Connecticut imagined a thirty years silence
with regard to titles good plea agatnft a ri,al
io their ewo case §. and will they put this in
competition with that of a whole century ?
§ The ptea against Duke Hamilton
* Col. Drer. Dr. John Jon, and Mr. Strong,
See their Report, p 30
t Smith's hiftsry of New Jerfe, p' 20,21.
The account which the examiner gives of th? ex
lent of this grant it taken from a romantic
pamphlet large extra's from which Smith has
inserted. in a marginal note la this there are
no left than two or three different accounts given
of the boundaries of*.
Claries I. began to reign as Ureas 1625 $;
and the grant of Maryland did not pals the
great seal until the twentieth of June 1632 (
Admitting therefore that the grant t® Sir Ed
mnod Ploydeo was as early as that of Maryland,
it tstwo years later than the grant to the carl,
of Warwick which was made out by the great
council of Rlimouth io 1630 and received repl
confirmation, under the great fell the fame „ar%.
Thus it appeareth.that the grant of Conne&ieot
is prior to all patents which can be produced
or set up agaiaft it. It is worthy of obfervati
oo io this place that after a loogcohteft between
lord Baltimore and the Penns, rrfpcflmg the
boundaries between them they were übgd to
yield territory to his lordship, CD this gr and
that his grant was prior to that of Pennfflva
nia § For the fame reason they ought to yield
territory to Cococaicut. We have here a good
precedent in favour of the colory,
Asto the attempt of the examiner to prove
that it was the original design cf the grantors,
that each colony Should have a sea hoot and
run off at right angles from the ocean, f courier
it much in the. fame light as if a man should se
riously undertake to prove, by hlftohcsi quota,
tions, that the fun did not ibine, when every
man received the rays of it full in bit face; ft
turns cut unhappily, for the gentlemen, that
fence a colony io the whole Mar hAmerican
continent fronts the fia in this roarer The
Mafochufetts and Dorth Carolina come the
neared to this of any of the colonies 7 but reify,
of these run off precisely at tight regies with
the sea. -\
The dir^&ion of all the old colonies granted
by the London and Plimouth companies is
diredly call and weft io lines paralel wi h the
Equator. This is the.direction of the Mafft
chufettes co'ouy, of Crnneatcut, &f E^rginii,
of North and South Carolina and ofGregM*.
Yea the modern colony of Pennfywania h^s
the fame direction. The line on the north is
due east and weft and this is the. da&im ci
the dividing lice between Mar, land .nd Senn-,
ffvinia { - ft will be worthy of notice, in this
place shat North Carolina the property of Eatl
Granville extends through the American con^
tinent, hum fra to sea. This fec^s to Eave
been the,extension of the ancient cOTby of Vir
ginia, but their original patent having been re~
figged into the hands of the, crown, thee lute
fioce been confined in narrow limits, But as
Coune&icut have made no forfeiture or surren
der of their patent they may extend their ter
ritory to the foutb lea ,withat good a ri.hi,
and as much propriety as the Earl of Granvil e.
, The only thing which remains further to be
noticed, io the examiner, is the loud cry,,
Which he maketh of the long time Pennftivania
have had the coetefted lands in their pmCffion.
This he reprefeotT as being near a century at
leal To this let it be obferyed, that the pro
primaries h^ve pofTeffedthera only as they be
gun to fettle, many years ago, onuhe foUtheto
part of the lands comprised in their charter ; as?
to any other poffiffion, than this,, it is but a late
thing. But if their fettlemcot on the fou.hcr
moft part of the lands within their patent, can,
be deemed a possessing, or a&ual possession of
al) the lands within the liebits of it, then on the
feme principles, the colony of Coone&icut by
fettling the eastern part wfahc territory within
the limits of their patent, took possession of the
whole Country covered by theit charter ; and
may plead a prioe poffc^oo, to that of Penn,
jjlumia. As to the purchrfe and a^ual p,f
feffiop of the lands contested, that of Cornedi
cut w:s as early, as that of the proprietaries, if
pot prior to it £ Obj fIiGBS of this kind arc
therefore entirely func
+ March 27th, Rider's H of England.
IDouglas E llp 35.
1 Douglas V II p- 90 and 160.
§ Douglas V II p 3 l °.
* See the location of theft colonies in the.
most modern an°4.accurate maps : Particularly
Wright's map in himbtflor, of the late war. and
Mr Wynn's,in kis hiwery of North-America.
f Douglas PH. 11 p 308.
I " The purchases from the Indians by tie
proprietaries, and faes b, them made were ths,
chore ancient than the, are. couldaad no flrength
to ths proprietor, title face the right of preem,
fen of the natives, was, b, the rd,al grant, ex.
to us this method ? Yea, more than this, has
not the noble lord Camden given it as his opi--
nioo, That io order to ; terminate this dispute
/ Conoeaicut mull be heard f ? But if Cooneai-i
cut muff be heard there is some ground of claim
or colour of title at Icaft io their case It can
not therefore be criminal to assert and maintain,
it, and coolequently caocot expose their charter^
or hazard any of their rights or privileges.,
Should it be urged that the danger lier in this
fpot,,That tte king was deceived in the grant
he made to Cooneaicut, and that when they,
shall venture to contend before, his najefty on
the footing of their patent, the deception will
appear, and this will put all to the hazard ,
mould thir, I fay be pleaded, the objection is 20°
fwered already : I have given, it is humbly
conceived, demonOrative evidence that this was
not the case - -
(To be concluded next Week.)
I have edw carefaOTly attended to every rri
j &ion of any weght agairfl the title of the co
looy to the western lands, and rm prepared 10
fobmit it to the public whether there 1c any
real force or fuhtlance io them, which can ei
ther ra law or equity operate against it.
ART 111,
if the former part# of this essay particular
attention has been given to the title of the co.
lory to the coctefted lands, and to foch object
tioos, as have been made against it, by the ab'eil
writers and speakers in the oppefition.
IN this laftpart I (hall pay some attention
to matters of a different nature# which hem
to be broached principally, to inflame the peo
ple, and to excite popular clamour.
It is given ou', in a high tone indeed^! hat
by attempting to afTert ear claim to tht wcAcro
lands we thall endanger, to he fore if not loofc
oar charter : That the expence of the colony
in that affair already has been great and alarm
jug, and that it will be immense ad ruinous
Civuld it be prosecuted to a fi^al issue : That
were ger title good and, valid in law, there
would be no propped of success, as it never
will be made a queihen by the king and coun
cil, Wore whom it meft be tried, What is law
otequity, io the case, but what is best for us ?
It wifi be determined 00 political principles
Wholly, and on no other — But, that even on
foppofi A>o w mould have all the fuccels we
difire the acquisition of a country so fine and
ektenfite would utterly undo us. 'A defeat
would be very detrimental, but a vinery muff
prefil, vefled in the colon, of Connecticut, and
confequentt, those purchases and sales were equal
l, without any legal foundation ; they causa nei-.
ther acquire an, right by the one, or, transfer an,
title b the other :— But both the one and the 0-
ther have been too recent to be the ground of an,
qrgumentJince we are advised that the proprie-.
taries mace no purchase of the natives, of an,
con/equer^e to this dilute.prior to the treat, at
fort Star wix — The achal occupation, under
the Cotmeaicut title of the-contefied lands, war
as early, and in feme parts of the country, prior
to that under the proprietaries." Col Dyeri
Dr fohnfon, &c Report of the commifoners,
P 29 s
I His opinion on the Case 1761.
be abfo/ute rein to the coleny.'
Some attention shall be given to each of
theie points, a fair and taional Hattot the case
both as to advat ties and disadvantages, (half
be attempted ; and I shall venture to fugged,
what method of coudc^ing the affair appears
tpoft fe&Gble. attended with the leaf! danger and
expence, aid the raoft happily calculated to re
frirc gencui harmony and tranquility to the
coloey. , - : -r # r 1
With regard to the charter, bow can thaß
be endangered by a trial of property before hi,
Mririly, the common father of bis people, in a,
way entirely legal and co^ftitutidnal ? By no
ft&ns. —What can be more dutiful than an ap<
foal to the kng and cowocil for the deoGon of
a ciufe of this nature and magnitude ? Did a pa-,
tQt ever eftferfthis children worthy of frowns
and severe ptmdhmeot for a duutul application
to him to decide an important controversy, even
though they might have been mistaken in their
opinion co the case ! Have not the king's couo-<
ci!, even the lawyers for the crown pointed, cue