CHAPTER II.

Origin of the English claim to North America Plymouth Company formed Their Grant included Wyoming-Proprietors of Connecticut purchase part of the Plymouth Gront-Connecticut Charter obtained New York first settled by the Dutch-Conquered by the English-Pennsylvania Charter obtained-Indian Treaty at Albany Susquehanna Company formed, and Wyoming purchased of the Indians-Attempt to settle Wyoming and Coshutunk-Peace with the Indians First settlement of Wyoming-Legal opinions concerning the different claims to Wyoming-Murder of Tadeuscund-Destruction of the Wyoming Settlements by the Savages-Militia of Pennsylvania sent to the relief of Wyoming-Christian Indians settle at Wyalusing -Indian Treaty at Fort Stanwix-Wyoming purchased by the Proprietaries of Pennsylvania -Settlements resumed at Wyoming, and a seperate Colony formed there-Settlements commenced at Wyoming under the Proprietaries of Pennsylvania-Settlers at Wyoming made prisoners by the Pennsylvanians-Settlement re-established, and Fort Durkee buil-Attempt to form an amicable settlement of the controversy Expedi tion under Col. Francis-Surrender of Fort Durkee Wyoming plundered by Ogden's forces -Ogden's Block-house taken by the Connecticut Settlers-Governor Penn applies to General Page for assistance-Fort Durkee again taken by the Pennsylvania Troops-Fort Durkee recaptured by Troops under Capt. Stewart.

IN the preceding Chapter, sketches of History are given which may be familiar to almost every reader, and which, at the first view, may not appear necessarily connected with the History of

Wyoming. It has been done that the reader might, by having them presented to view, discover the influence and effect which these transactions have had upon the measures and conduct of the different Indian Tribes that successively inhabited Wyoming Valley. In this and the following Chapters extracts will be made in a similar manner, that such part of the subject as is connected with the History of other times, and of other States, may be more readily understood.

After the discovery of America, the different nations of Europe severally claimed such parts of the American Continent as had been discovered by their respective subjects; and all that part of North America from Florida to the latitude of 58° having been discovered by Sebastian Cabot in 1497, was claimed by the English Government. The discovery by Cabot appears to have been confined principally to the general figure and position of the coast, and not to have extended to the various *bays and rivers with which it is indented, and it does not appear that the English had any knowledge of those particulars for more than one hundred years after the first discovery of the country.

When a portion of the people of England began to manifest a design of forming settlements in America and to take measures for that purpose, it became necessary, in order to secure the different adventurers in their respective rights, that Charters from the Government should be obtained, defining as nearly as possible the territorial limits of each Colony or Province. In 1606 two companies

D

were formed in England, with a view of forming settlements and opening a trade with America.One of them obtained a Charter the same year for the Southern part of the English claims which they called "Virginia," where they had commenced some small settlements. The other Company continued to trade with the Indians, but did not obtain their Charter until 1620. On the third day of March of that year, King James I. granted them Letters Patent under the great seal of England, Incorporating the Duke of Lenox, the Marquises of Buckingham and Hamilton, the Earls of Arundel and Warwick, and others, to the number of forty Noblemen, Knights and Gentlemen, by the name of "The Councils established at Plymouth in the County of Devon for the Planting, Ruling and Governing of New England in America." The powers of this Corporation were to be exercised in England, where it was established; but its laws and regulations were to extend to "the ruling and governing of New England." There was, by the same Charter, granted to them and their assigns all" That part of America lying "and being in breadth from the forty degrees of "the said Northerly latitude from the Equinoctial "line to forty eight degrees of the said Northerly "latitude inclusively, and in length of and within "all the breadth aforesaid throughout the main "land from sea to sea," &c., concluding with the following condition: " Provided that any of the said

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premises by said Letters Patent intended and "meant to be granted were not then actually pos“sessed or inhabited by any other Christian Prince "or State, or within the bounds, limits or terri"tories of the Southern Colonies then before gran"ted by our said dear Father to be planted by his "loving subjects in the Southern part.”*

This was the General Charter of New England, which name was given to the country by the Charter. Parts of the territory described by it were afterwards sold out to other companies, and by means of such division the several New England States have been formed; but as the powers of Legislation were by this Charter to be exercised in England, the different Colonies found it necessary to obtain new Charters to vest in them the various rights and powers necessary for their prosperity.

The contention which so long subsisted between the citizens of Connecticut and Pennsylvania, and which caused so much blood to be spilled at Wyoming, originated in an interference of the territorial claims of the respective parties. These claims were founded in the Charters granted to their respective Governments. It therefore becomes necessary, in order to have a full understanding of the rights of the different parties, to examine the particulars of their claims, and the manner in which their Charter boundaries were ascertained. We have already seen that in the original Charter of New England, the Southern boundary of the

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territory granted to the Plymouth Company was fixed at the fortieth degree of north latitude. In the year 1628 the Plymouth Company transferred to Sir Henry Roswell and others that part of their territory which now forms the State of Massachusetts. In 1630 the same Company sold to the Earl of Warwick, their President, that part now composing the State of Connecticut with the same width of territory extending from sea to sea, meaning at that time from the Atlantic to the Pacific Ocean. The Earl of Warwick, by Deed dated the 19th of March 1631 conveyed to Lords Jay and Seal, Lord Brook, and others, to the number of twelve, the same territory which the Company had conveyed to him, in which Deed the Western limits are described in the following singular phraseology of those times: " and also all and singular "the lands and hereditaments whatsoever, lying "and being within the lands aforesaid North and "South, in latitude and breadth-and in length "and in longitude of, and within all the breadth "aforesaid throughout the main land there from "the Western Ocean to the South Sea.”* years afterwards, in the month of September 1633, William Holmes at the head of a small company took possession under this Grant, and made the first settlement in the Colony on the banks of the Connecticut, just below the mouth of Windsor River; and in the month of November 1635 a party of men was sent by Governor Winthrop from Boston, who

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