the English Province of New York, it became necessary that the boundaries between that Province and the New England Plantations should be definitively settled. The Dutch, during the continuance of their Government, had extended their settlements as far eastward along the coast as possible, and when the first planters of the Connecticut Colony arrived, they found a company of the Dutch building a Fort on the banks of Connecticut River where Hartford now stands, in which they had already placed two pieces of cannon.*

They were forced to abandon the attempt to form settlements on Connecticut River, and were eventually driven back to their permanent settlements. which then extended no farther than the neighborhood of West Chester; but hostilities were for many years kept up between them and the New England planters, and no definitive boundaries. were ever agreed upon between them, which was of any longer duration than the continuance of peace and good understanding between the neighbouring planters of the respective Colonies.

To prevent the continuance of these hostilities, Commissioners were appointed on behalf of the Colony of Connecticut to confer with Col. Dungan, then Governor of the Province under his Grace the Duke of York, concerning the territorial limits of their respective Governments; and they were authorised to fix and determine the boundary line. between the Colony of Connecticut and the Prov

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ince of New York. Accordingly on the 28th of November 1683, it was mutually agreed "That the line should begin at Byram River where it falleth into the Sound at a point called Lyons' Point:-to go as the said River runneth to the place where the common road or wading place over said river is. And from the said road or wading place, to go North, north-west into the country as far as will be eight English miles from the aforesaid Lyons' Point, and that a line of twelve miles being measured from the said Lyon's Point according to the line or general courses of the Sound Eastward. Where the said twelve miles endeth another line shall be run from the Sound eight miles into the country North, north-west, and also that a fourth line be run, (that is to say) from the northernmost end of the eight miles line being the third mentioned line (which is to be twelve miles in length) a line parallel to Hudson's River, in every place twenty miles distant from Hudson's River shall be the bounds there between the said territory or Province of New York and the said Colony of Connecticut as far as Connecticut Colony doth extend northwards that is to the South line of the Massachusetts Colony. Only it is provided that in case the line from Byram's Brook's mouth North north-west eight miles and the line that is then to run twelve miles to the end of the third forementioned line of eight miles do diminish or take away land within twenty miles of Hudson's River, that then so much as in land diminished of twenty miles of Hudson's River thereby shall be added out of

Connecticut bounds unto the line aforementioned parallel to Hudson's River and twenty miles distant from it, the addition to be made the whole length of the said parallel line, and in such breadth as will make up quantity for quantity what shall be diminished as aforesaid."

This agreement was ratified on the part of Connecticut by the General Assembly in May 1684, and the lines having been run, were approved by Governors Dungan and Treat of the two Colonies, Feb. 24th. 1685.*

In this agreement which finally settled the boundaries between Connecticut and New York, nothing is said of the Charter limits of the Two Governments. The Duke's Charter included most of the present State of Connecticut, a great part of Massachusetts, a part of New Hampshire, the whole of Vermont, and the whole of New Jersey. The Connecticut Charter which was two years older than the Dukes, extended through the State, of New York westward to the Pacific Ocean, but in the purchase from the Plymouth Company on which the Charter was founded, the Dutch settlements were excepted, and in consequence of this exception the Duke held the territories bounded by the line established by this agreement.

Having thus taken a full view of the Charter limits of Connecticut it is proper that we now consider those of Pennsylvania. On the 4th of March 1681, King Charles II. granted a Charter to

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William Penn, in consideration of a debt due by the English Government to his father Admiral Penn, including "All that tract or part of land in America with all the islands therein contained as the same is bounded on the East by Delaware river from twelve miles distant northwards of New Castle town unto the three and fortieth degree of northern latitude if the said river doth extend so far northward, but if the said river shall not extend so far northwards, then by the said river so far as it doth extend, and from the head of the said river the Eastern bounds are to be determined by a meridian line to be drawn from the head of the said Tiver unto the said three and fortieth degree, the said lands to extend westward five degrees in longitude to be computed from the said Eastern bounds and the said lands to be bounded on the north by the beginning of the three and fortieth degree of northern latitude."

This Charter extended the claims of Mr. Penn as far North as the northern boundary of Connecticut, and there was consequently an interference in the two claims equal to one degree of latitude and five degrees of longitude, including the Valley of Wyoming and the adjacent country. Thus stood the Charter claims between the respective parties; but the whole country on the upper waters of the Susquehanna being in possession of the Indians it became necessary to procure their title in order to secure a just and proper claim to the territory. It has been said by a person of respectability* *Judge Patterson.

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that "The Penn family had exclusively the right "of purchasing the lands of the Indians," &c. It is therefore proper to take a view of this part of the subject. In the Charter granted to the Plymouth Company they were not only authorised to take, occupy and possess all parts of their grant but to sell and dispose of any part of it, and in the Charter to Connecticut the King recognised the purchase from the Plymouth Company in the following words: "That the same Colony or the greater part thereof was purchased and obtained for great and valuable considerations, and some other parts thereof gained by conquest ;" and in that part of the Charter where the pre-emption powers are given to the Colony, he says: "And also to have, take, possess, acquire and purchase, lands, tenements or hereditaments or any goods or chattels, and the same to lease, grant, demise, alien, bargain, sell and dispose of," &c. It appears evident from the Charter that the most extensive powers of pre-emption were given to the Colony. But in the Charter to William Penn no such powers were expressly given, and they can be claimed only by implication. It is evident however that the right of purchasing the lands from the Indians as well as of conquest, was intended to be given to all the Colonies and Plantations, otherwise their Charters would have been of very little consequence. The English Government however exercised the right of regulating the time and manner of such purchases, as the relations of peace or war might render necessary or proper.