Country West of New-York, they would not have subscribed their Assent in either of the Forms above-mentioned, but would have said, "We consent to the above Lines or Limits, "so far as concerns the Duke's Patent, saving to ourselves our "Charter Rights to the Westward." Such a Notion would have been treated with Ridicule at that Time, and certainly never entered into their Imagination-On the contrary, Mr. Winthrop had much Reason to be pleased at the Issue of his Negociation with the King's Commissioners. His lame and defective Charter had received a new Form and Birth, as much as if it had again passed the Royal Seals. It had now got an Eastern, Southern, Western, and Northern Boundary; explicit in Length and Direction. He had also got his Charter extended Westward much farther than he durst propose, or express, two Years before; so as now to include New-Haven, and the Country from Mamaroneck Eastward, which had been so long contested with the Dutch, and had been granted to the Duke as Part of the Dutch Country. In all this, he had the Advantage of the Crown-Commissioners, as well as in persuading them that a North-North-West Line from Mamaroneck would keep on the East Side of Hudson's River, whereas it would soon have crossed it, and taken away the Douglas and Smith. greatest Part of the Duke's Territory so lately conquered from the Dutch. This Line was accordingly soon afterwards altered, and thrown into a Parallel to Hudson's River at twenty Miles Distance, being about a North Direction, which was finally confirmed by the Crown, March 28th, 1700, as the Western Boundary of Connecticut.

The Arguments, no Doubt, made use of by Mr. Winthrop, to obtain such an Extension of his Charter from the King's Commissioners, to the manifest Detriment of the Duke's Patent, must have been the Agreement made with the Dutch at Hartford, in 1650; and more especially his claiming the full Extent of Lord Say and Seal's Grant, as intended to be included in the Royal Charter to Connecticut. For, upon no other Principles can we account for the Commissioners fixing on Mamaroneck, a Place exactly at one hundred and twenty Miles Distance, on a strait Line from Naraganset Bay, and then setting off North-North-West, or at right Angles to the Shore; all which, we have shown, the true Construction of Lord Say and Seal's Grant requires. Another Circumstance which rendered ths Settlement more easy, was the Silence of New-Haven Col

*We find the same Arguments made use of before the Crown Commissioners the succeeding Years respecting their Eastern Limits. Appendix No. 10.

ony. This they expressly say in a letter, signed by their Secretary, James Bishop, addressed to the Council of Connecticut, and dated, New-Haven, December 14, 1664, only two Weeks after the Determination of Limits by the King's ComInissioners.

Appendix. No.
XXII.

We have been silent hitherto-"chusing “rather to suffer, than begin any Motion hazard"ful to New-England Settlements"---We have kept this Silence “according to Promise, notwithstanding your seeking to bring "us under the Government of yourselves, wherein we have had “no Hand to settle the same; and before we had cleared to our "Conviction the certain Limits of your Charter; which may "justly increase the Scruple of too much Haste in that and "former Actings upon us"- Surely [then] "you have the more "Reason to be full with us-seeing that your Success for Patent "Bounds with those Gentlemen, (the King's Commissioners) "seems to be Debtor unto our Silence before them-and you "performing to Satisfaction, we may still rest quiet"-a plain Intimation, that if New-Haven chose it, they could still break the Charter-Bounds, as settled by the Commissioners.

*

Indeed, whoever will peruse the Remonstrance or State of the Case, sent by New-Haven to Connecticut or Hartford Colony, when the latter served the former with the Copy of their Charter about the Beginning of the Year 1664, and claimed New-Haven, &c. as included in it, will soon discover what was their original Construction of the Extent of that Charter. The Remonstrance begins in a very solemn and pathetic Strain: "Honoured and beloved in the Lord,

"We, the General Court of New-Haven Colony, being sensi"ble of the many Wrongs which this Colony Appendix No. XX. "hath suffered lately, by your unjust Pretences "and Encroachments upon our just Rights, have unanimously "consented, though with Grief of Heart, being compelled "thereto, to declare unto you, and to all to whom the Knowl"edge thereof may come, what you" yourselves do or may know to be true.

They then proceed to set forth their first Settlement and Purchase from the Indians at New Haven in 1637; the extending of their Settlements on both Sides along the Sea, their maintaining a voluntary or associated Government among themselves for twenty-six Years, without any Assistance from, or Dependance upon, Hartford or Connecticut old Colony-who never questioned their being a distinct Jurisdiction, and hav*This Discontent of New-Haven with the Connecticut Charter, and denying that they were in its Limits, is mentioned by Mather, Hutchinson, and other New-England Historians.

ing distinct Bounds, fixt by mutual Consent. They further say that, independent of Connecticut, they had contended with the Dutch, who claimed New Haven and all the Sea Coast, and had erected the Arms of the King of England, where the Dutch designed to erect those of the Prince of Orange; that as a distant Colony, they had, as early as in the Reign of Charles I, received a Letter from the committee for foreign Plantations, which they had yet to produce, signed among others, by Lord Warwick and by Lord Say and Seal, by which it was clear those Lords had no purpose, after New-Haven Colony by the Sea, was settled as a distinct Government, "that it should be put "under the Patent of Connecticut, nor had you (continue "they) any Patent till about two Years agɔ"-They tell them further, that in 1644, they of New Haven sent Home Mr. Grigson to solicit a Patent, under which Hartford Colony then signified that they would gladly be included, tho' Mr. Grigson was drowned in his Way to England, and the Matter could not be taken up again on Account of the Troubles there--But that Connecticut now acted a different Part, procuring a Patent without the Concurrence of New Haven; may, contrary to their Minds expressed before the Patent was sent for; contrary to the Promises made on the Part of Connecticut and the Terms * of the Confederation; and without sufficient Warrant from the Patent itself, have invaded the Rights of New Haven, and seek to involve them under Connecticut Jurisdiction-That in 1661, when Mr. Winthrop went to England to procure his Patent, they had warned him by Letter not to have his Hand in so unrighteous an Act, as so far to extend the Line of that Patent, that the Colony of New Haven should be involved within it; for Answer thereunto, he was pleased to certify in two Letters that no such Thing was intended, but rather the Contrary, &c-Which, continue they, "made us easy," who else could have procured a Patent for ourselves, with our own known Bounds according to purchase [from the Indians] without doing any Wrong to Connecticut in their just Bounds and Limits.

They add further, “and after the Patent was brought over "and shewn to us, we declared that New Haven Colony was not “at all mentioned in it, and gave some Reasons why we believed

#By the Articles of Confederation between the four Colonies, already quoted, it was solemnly covenanted, that no two of them should be included in one Patent or Jurisdiction without the consent of the whole; another Proof that Mr. Winthrop could not mean to include New Haven in the Connecticut Patent.

Here, as was suggested before, is a full Reason why Mr. Winthrop gave his Patent no Line or Extent on the Coast.

“that the King did not intend to put this Colony under Con"necticut."

They then tell Connecticut (and they are Words worthy of Notice by the present Connecticut Claimants) “that they took a preposterous Course, first to dismember New Haven, and after that, treating with them about Union-which is, as if one Man "proposing to treat with another, should first cut off "from him an Arm, a leg, and an Ear, and then come to treat "with him about Union"

The Consequence of this Remonstrance was an Appeal from New Haven to his Majesty, to explain "his true Intendment “and Meaning in the Connecticut Patent, whether it was to sub"ject New Haven Colony under it, or not?"-Mr. Winthrop, who was yet in England, found Means to keep this Remonstrance from being presented, and wrote over, desiring Connecticut to forbear "imposing in any Kind upon New Appendix No. XXI. "Haven, without their Consent," and giving fair Hopes that all would be settled to their Satisfaction-He confesses his Promises not to “meddle with any Town or Planta"tion that was settled under any other Government ;" and tho' he left his Charter open, and in its present defective State, wrongly thinking, perhaps, that as it was in such loose Terms, it might be shoved West or South as Circumstances might be; yet he adds, what will be a lasting and full Proof that New Haven could not have been intended, by the Crown at least, to be included in it, nor indeed by himself, if he acted an honest Part. His Words are, "Had it been otherwise intended" (viz. to meddle with Settlements under other Jurisdictions, expressly speaking of New Haven) "it would have been inju"rious, in taking out the Patent, not to have inserted a propor"tionable Number of their Names in it."— That the Crown did not consider New Haven as included in the Patent, is evident, among other Things, Appendix No. XXV. from a Letter of Charles II, written in June, 1663, about a Year after the Patent past, signed by Sir Harry Bennet, Secretary of State, directed to New Haven as a distinct Colony, requiring them in Conjunction with Massachusets. Plymouth and Connecticut, "to be aiding and assisting to certain Purchasers of the Naraganset Country, in the Settlement thereof."

Mr. Winthrop came over a little before the Crown Commissioners, and great Pains were taken to spread Surmises, that all who were not comprehended in any Charter, would fare ill, and be subjected to arbitrary Decisions, respecting their Lands and Property. It was represented too, that the old Connecticut Colony would be likewise brought into Danger, if any Dif

Appendix No.
XXII. XXIV.

ficulties were started about the Uncertainty of the Bounds in the new Charter; and therefore, for the Sake of the public Good, and large Promises of being included on their own Terms, New Haven consented to the Silence above mentioned; altho' they had but just past a Vote to send an Agent to England to solicit a Charter for themselves.

The consequence of this obliging and brotherly Silence has been mentioned. The Connecticut Charter had bounds fixed, including New Haven; and giving it an Extent Westward, which could otherwise never have been justly claimed under it. Thus far I have endeavoured (and I trust, with the utmost Candor, and supported by the strongest Recapitulation. Vouchers) to shew what Tract of Country the Connecticut Charter was intended to include; that the Petitioners were never intitled to more than a Part of Lord Say and Seal's Grant about Connecticut River; that they desired only to cover what lay within their own Bounds; that altho' Mr. Winthrop left the Charter open towards New Haven, with a View to have its Limits settled more or less Westward, as the King's Commissioners might think fit, and New Haven agree; yet it could never have been his Intention, or that of the Crown, to include New Haven without their Consent, much less to pass over all the Dutch Settlements and proceed to the South Sea, through immense Countries, then neither within the Knowledge nor Contemplation of the Crown; that there is nothing in the Charter to warrant such a Construction, nor any Breadth given nor Place of Beginning, except a single Line to be carried throughout, to the other Sea; that if such a Construction could be admitted, and Lord Say and Seal's Grant be taken in to supply the defective Limits of the Connecticut Charter, the granted Premises would be carried far North of Pennsylvania, mixing with the other New England Grants, and sharing in their Confusion; that if, rejecting Lord Say and Seal's Grant, after the Services it has done them, they should plead the Settlement made by the Crown, for remedying this Confusion and Defect of Limits, they must then adhere to such Settlement, as being absolute and final; that if they reject one Line of the said Settlement, they must reject the whole; and, in such Case New Haven Colony will be in no Charter at all-Connecticut must return to what would have been its original Limits, and can claim no Lands Westward of Connecticut River.

The Connecticut Commissioners have admitted this in their Letter to Governor Penn, December 18, 1773, and Say that a Settlement of their Limits became necessary, on Account of