The Connecticut courant — Hartford, Conn., 1774-04-12 00:00:00, page 2

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PAR TIL
A Declaration of the General Assembly at
" Hartford OPobcr Bh, 1663, will give
further light ia this matter. “ This court de
clare, that they can do no left fur their cwj
indemnity thio to manifeft our disapprobation
of the proceedings of the plantations of New-
Haven, Milford. Brandford, &c in their diftind
{landing from us io point of government, it be
ing directly opposite to the tenor of the charter
late y granted to our colony of Connecticut, in
which charter these plantations are included.
We do also expe& that submission toour govern
ment according to our charter, and his Majef«
ay's pleafare therein exprefled : it being a Rated
conclusion of his MajeOy's commissioners that
jurisdiction right always with patent. And
whereas the aforefaid people of New Barco,
&• pretend they have made several complaints
of wrongs received from us, we do hereby de
clare, that our council will be ready to attend
them, or a committee of theirs, and if they have
fech power, and that we have wronged them
according to their complaints, we shall be ready
to attend them with due fatisfadieo."
From all these faffs taken together noting
is more evident, than that New Haven was in
cluded in the patent of Connecticut, and, that
it was done upon design. It is also evident
that the limits of the patent extended beyond
the utmort boundaries of the old co'ony of
Hew Haven ; and therefore the affair of New;
Haven, cannot with any jadice or propriety
be urged as an objection or plea to invalidate
the title of Connecticut to the western lands.
Besides nothing is more manifeft than this,
That the whole dispute between New Haven
and Connecticut, was not with refra to the
fee and property of the lands, but with regard
to powers of government and right of jurifdidi
on only ; which farther fhewetb the objection
to be entirely groaodlefs and unreafonabe.
With regard to these parages in the letter
from Connecticut to New Haven, Jeeing thoje
plantations you inhabit are much about the cow
tre of our patent which our charter limits ;
those plantations in the heart of our colony,
which are objected ; it will be occeffary only
to observe, That when these plantations arc
said to be in the heart of the colony it is with
reference to the fcttlcments which Connecticut
bad made all round them, and to the lint fet
tled with the Duke of York, and not with re
gard to the extreme boundaries of their patent
to the westward. Nothing could be properly
called their colony, but the country, or territo
ry which they had planted, and over which
they had planted, and over which they had a
right of jarifdi&ioo As they had not there
fore purehafed or fettled any lands at this time
weft of the line of divifioD, between them and
the Duke of York, and as those lands were then,
both in the peffeffion, and under the govern
ment of their native and independent fovereigos,
they could not in truth omjullice, be said to be
cf the colony of Coone&icut ; although clearly
comprehended in the charter ; and notwith-
Qandiog the colony were veiled with the foie
right of preemption. These words and clauses
therefore do by no means militate against the
right of the colony to the lands in dispute. Nay,
allowing that the writers of the letter from
Connecticut were ignorant of the true extent
of the charter, and really meant that New Ha
ven plantations were about the centre of the
territory conveyed by patent, can this be con
firued in law or reason as a surrender or forfei
ture of their rights to the lands mod amp'y
granted under the broad seal ? Cao the most
express and ample conveyances be rendered null
and void by an accidentia! stroke or two in a
cursory letter ? Yea. when these very pafTages
may be fairly confttued in a different manner ?
What can be more futile and ridiculous than a
pretence like this ?
As to the good issue obtained with regard to
patent boundaries, it seems only to have refer
ence, so far as I can under&od it, to the com
missioners declaring Nc, Haven to be so within
the patent, as that they were under the jurif
diaion of Connecticut, or to their determination,
that the right of jorifdidion over New-Haren
was io the colony of Connecticut. As the line
fettled by his mydly's commissioners, between
his Royal Higbnefs the Dukeef York and Con
necticut, was weft of all lands ever claimed by.
New Haven I cannot underhand with what pro
priety the words can be fuppolcd to have any
reference to it, or to have any force by way
of objection, io the prefcot case. Betides, as
the controversy between Connecticut and New-
Haven was not with regard to the fee of the
land, but with regard to forifoifyon, there is no
ground of objection from this quarter.
Objection 111.
The answers given to the queries from the
Honourable Board cf Trade and Planta
tions, at several times clearly (hew that the
colony have no right to the lands weft of the
province of New York, a&d that lorg fioce the
governor and company of the colony of Con
• ne&icut did not so much as pretend to pry right
or title in that qarter- When it has been en
quired, " What are the boundaries, longitude,
latitude and contents of land within your go
vernment ?" The aofwer has been, Our repu
ted and known boundaries are the Mafochuletts
on the north ; Rhode Iffand colony on the eafl ;
Lood Iflaod found on the feuth ; and New-
York province on the weft. When it hath
been demanded what are your rivers ? The
colony have answered, Our rivers are Connecti
cut, New London and Stratford. If the colony
had entertained the lead Idea of a tide to the
lands well of New York they never would have
given such answers. They would have named
the south fca at their weffern boundary ; and
among their rivers they would have mentioned
Sufquebannab, M§f[fs &c. Whategn be a clear
er demooftratioo that the colony had not the
leaf tconception of any title to the weflern lands
t| aa these answers ! On foppofitien they once
had a title, have they cot, by such replies en
tirely relioqtifhed aid given it up ?
Answer.
All the right which the king obtains b,
prior difeorety to lands taually peff^Ted and
inhabited by the native proprietors is only a
right of preemtion : this therefore, is all the
tight which can pals from his majefly,by patent
to any corporation, to lands under theft circum
fiances This was therefore all the right which
could cver pass, or be conveyed, by his majefly
to the carl of Warwick, or to the colony of
Connecticut, to the weflern lands, comprehend
ed within the limits of their charter. This
being the case the lands and rivers weftef the
province of New York retrained io the p ffiffi
on and under the government of the natives un
til they made file of them to the Connecticut
colonies, of to some other purchasers, which
t^ey had not done at the time when the answers
referred to were given. The colony were not
at that time veiled with the native tight, tho'
they were with the right of preemption. The
colony or government of Connecticut did oct
extend to that parr of the country at that day,
nor were the rivers in their p ffeffion ; ahbo'
they had a right before any other government
to purchase those lands and risers, when tier
the natives (hop'd be disposed to fill them, and
to extend jurifdi&ion there when the lan's
Ihould be so purchased.——These answers
therefore, do not at all demonstrate, that the
colony had not the fame idea of the extetfion
of their charter, and es their title to t} e weflern
lands at the time when they were given which
they now have. There is a clear diftinCtion
be ween the limits of a government or colony,
and the limits of a patent. A co'ony figoiGes
the country p'anted, and under the government
of a part cular corporation ; but the patent
limits of a co'ony may extend to trials not
planted or under the government of the fiid co.
lony This is always the case, where the right
of preemption is given to lands in the poffeffi
on act] under the government of native princes,
until such times, as conveyances are actually
made by the original proprietors to the corpora
tion or government, who are vested with the
right of preemption' .An arfwer therefore to
the queftan, What are the boundaries 1 your
co ony, can by no mesos, be conGdered as a de
claration es the limits of the charter, nor in rea
son or justice be locked upon as an objection cf
any force in the prefect case
But even allowing the mod which can be
urged or even foppofed, io the prefect case, that
these were *nfmu with regard to the boonte
This oßje&ion is feueded principally in mil
take ^ for although the geography of America
was not so well-known in those ancient times,is
at prefer,yet it was w 1 known that theNorth-
American continent was some thousand miles i&
longitude ^ breadth.
In the elofe of the fifeerah, and in the be,
ginning of the fixieenth century the Cabots dis
covered al the caßern coast from the ficzee
Traits of Davis, te Cape Florida *, and made
themfcivcs acquainted with the longitude of Qc
casern fhoie ; and many other adventurers had
been all along the caflern coati before the greal
New Erg,nd patent was ifrued . -pamcWarly
Ctp.au, noth in 1614 made accurate difco,c%
rics 3 NuW England,and presented a map of the
couiry to the Britilh court. As early hs the
yer 1542 Ferdinand de Soto cUcor.red the
great r^r Miffifippi twelve hundred miles from
the sea, and the Spaniards travelled more than,
a thousand railed into the country, and made
difeaveries all along this great river 400 leagues
from the mouth of it fc
In 1580, Sir Francis Drake comp'cated his
circam navigation of the globe, in which voyage
he war all along the coast of Cit/iforma and
made a port 00 the weftcro (bore of the Ameri
can continent, but little south of our latitude.
Accounts of these voyages were early publish d
inEurope,fo that it is morallyi npoffiblc that the
king and his ministry Ihoald have been ignorant
of the extent of the American continent, as te
longitude a,id breadth, at the time when the
great patent of New-Eogaid was granted, or
wh o the fubfiqueot patents received the royal
confirmation.
ries es the charter, and were an ample declare,.,
tion of what was at that time underdeod to he
the limits es it could even thisjo law or joftict,
be pleadable againU in exprefi and well execo
te4 grant ; Could it be confirmed as a fajfeodcr,
of ibe right and title of the co'ony to the lands
exprefled within their patent ? Shoo'd tn b^r
to a certain inheritance commence a (ait in te ;
for a trad of land, and be able to produce an
authentic deed offeid land,prior by many yuu,
to any other, would it be a fiffic eot bar to §1
recovering that inheritance, to prove that bfa,
father or grandfather had foretime or o'tgi
said, that their lands did not extend so fir, aad
were bounded so (hurt of the bound^r^s cx
preffed io the original deed ? ElpeciaHy if it
could be proved that ten times as often they
had given the fame account of the. bounds ot
their manor, as expressed io the deed ? I dare
appeal to the common sense cf mankind, And to
all judges of law and equity, whether a pica
like this would not be perf<& ! y uifrog and im
pertinent, aid would not reflet dishonor upon
the per Ton, who mould venture to mitteni
just so trifi ng and nugatory is the olfcaido be
fore us. The fathers of this colony have, io
two Glances, within a century past, anfecred
as alledged in the ©ljedion ; but at all o'ter
times bare laid " Our boundaries are cxpr.fTed
in our charter," or to that„effc&
. .Objection IV. . .
W HEN the patent to the Co'ony of
Connecticut, and the other patents, grant-,
i>g terri ory to the westward to tie south
lea, were made out, the geography of the coun
try war not known, the American continent,
was thought to be very narrow,and the weflern
ocean or tooth fca to be at no great defiance,
frqm the Atlantic ; and as the fugth fee win
fixed as a weflern boundary to New F&glsad^
and to federal patents conveying didied prt^
of it through entire igcoraoce and mifkke it is
romantic and trifling to plead or even renting
them, at this time of day or to eonfider them,
as being of the lead importance.
Betides the great P i^och company having
parcelled out the territory conveyed io the ori
ginal patent of New-England, in 1635 refigred
their charter to |he crown, in which rehgaatiod
they represent to his mjefly, that the territory
granted io their charter extended feme thousand
miles from the casern (bore to the westward,
which demonflrates, beyond all controversy that
they were not igno ant of the extent of the
* Princes Chtono/og), and smith's Hifior, es
Pew Jer/ey,
1 Prince 92;\
Answer.