The Connecticut courant — Hartford, Conn., 1774-04-05 00:00:00, page 1

[Continued from «ar last j .
P A R T 11.
HWING in the ptcceedkg publication at
tempted • (late of she c-pital f<& ! rc-
Jattve to the c'a’tn of Cocnedt cut to the weftsrn
lands camprifcd Wiihio the imits of their char
ter, and luggeft d some h ogh's on the validi
ty of laid claim, I (ha I gow addicts myfe fto
she removalW fu h obj <sl on* as arc thought
to operate againO it These 1 fh»ll attemp o
exhibit io t eir fu'l force, without thcomffi'U
of any thing material, and Fitly to obviate by
• indtfputab c f.il* and I olid arguments ; to
which, as the c<ufe is high’y in'etedingand im
portant, I flmer r^yfslf.the public wid give tn®
iu attentive and candid bearing
Ob ji c t i o h I
Im t6;o, the Engtifh came to a fcit’etßent
of boundaries with the Dutch, Io far as it rtf
peded the goverr.-nentt of New Netherlands
and New H»vcn, agreeing, that the bounds upon
the main (ball begin at ths weft fide of Green
wich Bsy being about f ur miles from Stamford,
aud so to re urn a no ther y line twenty miles
□p into the ceuotry sod if ras it fh*H be a
grc:d by the two governments of the Dutch
and New Haven, provided the (aid fina come
not within tenmi'es es Hudfm’s river.” It was
aifo agreed, that this fctlcmeot fhoa d “ he
kepi inviolable, bo h by the English of the uni
ted cdTdnies sod a»l the Du*ch nation until, a
final determination fbm’d he sgreed upon in
Europe by memal coUent of the two ftstes of
England and Holland’*
In 1664 It was ordered by his majefty’a
eomm lfi oers, That a line drawn from the esR
point of Momoronock where it Fils into (alt
water, at high wa er maik north berth well, to
she lios of the M (Tachufetis be the wefiern
bounds of the said colony of C jone£bcut “ And
ill plantations 'yic-g westward of that creek and
fine so drawn (ball be voder his royal bighnefs’s
government, and all the plantations lying east
ward of that creek and line to be coder the go
W t Foment of ConncsSicat.” To this fettlemfcnt
gorercor Vintf-rop, who obtained the Co nefii-
Cut patent, bad bc&n conTCfGnt is all <he afFrrs
of he colony, and could not he ignorant of the
boundaries sfit, did. with the other com nfE
aness from CopocS co<, confeat, in this full and
expref* maon r, *‘ We on er written, on be
hilf of the colony of Cooncdicut ha<-e sfF oted
tints the determinatte© of his msjsHy’s com wf>
Sorters in relation to the bounds and limits of
Iris royal higlmfs the Duke’s patent, a-d the
patent of Cmntdicut,” Nineteen years *ftcr,
3 lite was fett’ed be wsca the p-ofince of
New-York and CooncSicut. at about twenty
miles distance weft of Hudfoo’s river, to which
the commifijooen for Gonnt&icut did »grce,
That if it plcafe the k-ng’s maj Hy andhis
royal hi^huefs to accept and coefim these ar.i
sles. they fh?li be good to all intents forever,
between his RoyaiH ghnefs his heirs and a^gns,
and the corporation of Cione^tcut and their
iucceffors.” This isf f er sgreernent was appro
bated sad confirmed by the king «nd com c?.
This “ fettlcment fa ms e wa* absolute sod
Wncltijive as to the parties concerned f This
1! take to be a fair and comp est ftattng of th s
Oi jfd'on and I will concede to he words cf he
examiner that the fettlemeat was abj'/ute so far
(April, MDce.Lxsn. " ' NUMBER 4^.]
THE ,
CONNECTICUT 0 U R A N T.
—— ■■ ■ ■ — ■ -■■■ — V "-4- _ ... I 1 r ~^
Ibtfr^Ji ™ Mai. M
'^. —WTSWS* *<W X\. .
<ff thi uniltaßtlomht. \EKnminer^ 47,
From T U E S D A Y, Apr.il 5, to T U E S D A Y, April 12, 1774.
cs it refpefied th§ parties according to tbd ss
tural conftru^ion of the terms, in which ths
commifß >ncrs, from Conocdtcut. fu’ faibed the
fev.ral settlements. 4 Akswer. .
la thde federal fettlemeuts of boundaries
the panics nt expressly mentioned and the
f-.tt emcots are described and a f e- ruined in the
me t definite terms, as being on y between the
G rpeuhon ci Conr.r&'cut and the Dutch fet
fitments. »nd ber^eco bis royal h’ghocfs, the
Duke of Yo'k hit heirs and - iSgnt snd ‘h®
colony of Connit-H cot. Were we therefore to
confider this as an adlua* Mid abfo u’e furteodcr
cod rifigoment, on tie * rt cf the colony of
CoDoefticut of all the lands fpreified io laid
fettlcmtntr belonging to the dek of Yck or
compri cd within the otm&ft limits of ( is pa;
tent, to the weft ward of the divi< mg fine, it
cou d, by no means, the Mt e of the colo-.
oy to th- lands in difpu’c, which lie all to the
westward of the river Delaware ; which is ths
ex rcme W£o«rn bounder^ of the duke’s patent*
It is mofl clear and evident that a fetilcdient es
boundaries with the duke, ceuld not be con
fider^d at a surrender of lands, *0 which the
duke had no claim, nor even R pretence of
right or claim. Neither could’ it be then. Dor
can it now be viewed, as a furtender of tight
or title to the king, or any other person, for this
ob’ious and ^irrefragable rcafoo That neither
the kiug or any oiner perrons wf,te parties in
these fectlemeou wi h Conntfl cut, the Dutch
add ;he Duke of York excepted. Indeed all
other parties persons, and patents, are, by the
very terms in which the comm ffioners of Con -
netJlicut (uofcftncd. in fafl, excluded from said
set lemcnts Therefore these fctilcmcnts can
not wi h any colour of reafoo law, or justice,
be pleadab’e sgaio'l the Cotincflicut claim To
strip this objsflton as naked at pofiiolc, and pre
fect it to rhe public io its native features, I will
fuppofc A has an ample deed, well executed, to
a farm three miles in length and one fourth of
a mile in bread h lying to length doe east and
w?ft ; D by fom* proviso in A’s deed, or by
virtue of prior pelf ffiw, makes out a claim to
U r<fl of forty rods wide across A’s farm at the
distance of a mile from the cast cod cf it. They
come to a settlement of lines and boundaries
between them, at the diftaoce of a mi.e from
said east ted, and agree that this shall be an ob
Jo ute id final fettlemtnt, as it refpc&s their
two deeds and claims. Would it not be ridi
colour t<? p’ead 1 hat A, by this settlement had
vacated snd given an all his right and title to
the weft end of hi: farm : And that Z a th rd
person, wi-G was not so much as mentioned tn
the settlement or had any concern in it, by (aid
fcttlment, becanie vested with the title of A so,
est the weft end of the farm ? Ir there an attor
ney in this colony,who 'would not blufh.to enter
E plea, in any cocirt of law, so egregioufiy stupid
an J ridiculous as this ? Yet, in truth, this Is
the pea made in the objedion before vs. The
provifo,which hsthbeen mentioned, in the origi
nal patent, to the Plitßouth company, in 1620,
excepted all such land* out of the patent, as
were in the aflusl pefleffion of soy chr-ftian
prince or state : The Dutch therefore having
affja! pcfSi-'Q of lands at New Netherlands, they
could not pas» or be conveyed to the aompany,
and confccpeotly the title could not pals from
them, to others, in any fabfrqueot grants.
They out convey a title with t^bich they
.. », i.. t ’ > If.
were rever rested. On this footing the fettle*:
meats wt h he Dutch and rhe duke cf York
became nec«fT.ry : And though Cer'DC&cue*
hive granted and furreodered, up to rhe duke
that trust. which is c?mpnfcd in his deed><wtf£
of the line of divificn, yet they bare by co «
means precluded thcmfelves, from their right
to the weft end.of their fa>m ; but it remains
good and ,valid ip law, to all intents, conßroc
tions, sod po.-pnfes whatsoever* ( : ~ . /
Bes ide, it (bon'd be observed, that rhefc;
settlements did rpt rdprft the fee or tit e of
the lands,. Jbut Only jurjfdi&ion. It is not in
the power of the king, io. ccofiltency. with the
conftitutioa to determine the right?, claims and
preptrty of his fu‘>jedb or in a fummsry mao-\
D.ef to appoint and authorize cowm ffimers for
that purpose. . It appears also from the very
words in which the cemmifHoncrs fubferibed the
agreement, that jurifdiiftioo was th? thiog in* #
t|pdsd aed that oo ; y. Say they, plantar
fiont lying of that creek and Une to b^
under the auke'i g^ernmerit arid all plantations
tying eafiward of that cretk and line to be un-.
der the government of Cjnncfiicut Nothing
is mentioned concerning the fee or property of
the lands. . . 1, r
- The manner :u which cur worthy predece^orß
fubferibed.thefe agreements does them grci'b
honour demonftraus their enure undcrllaodiog
of their affairs, and their regard to pofierity.
The examiner indeed h * menit»Jerioui qoefti« .
ootjl it, Whether governor vVimhrop and the
other commifiionen would have fuofcribcd in
the manner they did, had they thought that,
their grand children a bun red years after*’
wou d claim, by virtue of their charter, eo im?
menfe country weft of New Yoik V* He prc»
scribes thix as the form to be fare, to be nfed it?.
Inch a case ; “ We coofeut to the above lines
or limits, To far as concern the doke’s Patent,
faring to omfelves our charter rights to thn
well ward.” On this I wou’d observe that facia,
a fubfeription of articles w uld have been im
pertinent and ridiculous, inasmuch as the duke
hid do c ! aim to the westward of his pateot li
mits nor pretended any infringement of the
charter rights of ConntSicut in those parts-
They were too well acquainted with law and
cotrpafls, t© be ignorant of this, that covcßacts
cculd bind none, but the parties covenanting,
and that they could cot be construed to mean
any thing more than wbat was fiairly dcpidTcd
ct imp’icd in them.
I (bill coscfode my reply to this fu- jifliott
with t||t opinion of the date lawyers on tbe
point, which is ample.expreG and determinate.;
The agreement between the colony ^/Conoco
ticut and the province of New York can extend
no further than to sett e the boundaries between
the refpetl ve partits, and has no effect upon
other claims that either of them had in other
pa*ti ” This answer was given by the crown
lawyers, epoo a compleat view of all the fet
tlemcois between Cenneflicut and .the province
of Nsw York.
OSJECtUQM 11.
It appeateth from the state of the country
when the charter was granted, compared with
the words of the charter, and of the petition
to the king for patcut privileges, that it wart
* p 48.
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