when they were prevailed upon to convey a Territory which belonged to another State, then in Amity with the Crown of England. Besides this Objection, the Settlement of the new Boundary under the King's Commission in 1664, and what is still stronger, the new Line marked out by Agreement between this Province and New-York, has now conclusively precluded Connecticut from advancing one Foot beyond these Limits.

It was absolutely necessary for the Crown, after the Cession of New Netherlands, to decide the clashing Rights of the Duke of York and the adjoining Colonies; and therefore all that was done by Virtue of that Commission, then awarded for that Purpose, must at this Day be deemed valid; as the Nations have, ever since that Time, submitted to those Determinations, and the Colonies of New-York and Jersey submit only upon Authority of these Acts.

I am of Opinion, therefore, that the Province of Connecticut has no Right to resume their ancient Boundary, by overleaping the Province of New-York; or to encroach upon the Pennsylvania Grant, which was not made till after the Connecticut Boundary had been reduced by new Confines, which restored the Lands, beyond those Settlements Westward to the Crown; and laid them open to a new Grant. The State of the Country in Dispute, is a material State Reason why the Crown ought to interpose in the present Case, and put a Stop to this growing Mischief. But I doubt this Business cannot be adjusted very soon, because Mr. Penn must apply to the Crown for Relief, which Method of Proceeding will necessarily take up Time, as the Province of Connecticut must have Notice and be heard.

March 7, 1761.

C. PRATT.

Upon the whole, I think it fully appears that the Claim of Connecticut Colony to Lands within the Limits of Pennsylvania, the forcible Possession which their People have taken of those Lands, and the Shelter yielded by them to the public Violators of our Laws; are measures so little warranted by their Charter, that the same may yet be found fatal to it.

I have endeavoured to treat this Subject with Coolness and Candor, and altho' I would have wish'd for more Time to digest the foregoing Arguments, I hope there is no material Inaccuracy in them.

Until a legal Decision of this Dispute, it is our Duty to maintain our Possession and Right, even if our Adversaries had a Colour for their Claim. But when they cannot have the least Hope of Success, but through some Concessions on our Part, it would be culpable to give Way. The Lands whereof they have possessed themselves, are chiefly private Property, taken up or

purchased by many Individuals in all Parts of the Province; and none among us can wish to see our Country dismembered, or so valuable a Part of it torn from us. On the Contrary, it must be the Desire of every Friend to Pennsylvania, to see its Laws and Constitution extended and supported, through its utmost Limits, while its Rivers run or Mountains endure! These were certainly the Sentiments of our Governor and Assembly, when they erected that Part of the Province into a new County; and even to imagine that every future Governor and Assembly, would not be actuated by the like patriotic Sentiments, would be injurious in the highest Degree!

APPENDIX.

CONTAINING COPIES AND EXTRACTS OF SUNDRY
ANCIENT CHARTERS AND PAPERS REFERRED
TO AS VOUCHERS, IN THE FOREGOING

SHEETS.

PART 1.

To the Reader.

The Author acknowledges himself indebted for this Appendix to a worthy Gentleman, long conversant in the Affairs of Connecticut; who, with a Candor becoming his good Sense, thinks that neither the Interest of that Colony, or of Pennsylvania, can be served by the Suppression of any Papers that can throw Light upon the Points in Question between them. He had collected the Copies and Extracts for his own Use, with some short Hints for connecting them: and I chuse to give them just as I received them, though some of them are not made any use of in the foregoing Work.

The first Paper taken Notice of in this Appendix, is the Grant from Earl Warwick to Lord Say and Seal and others. The

Earl of Warwick was himself one of the Council of Ply1631. mouth, in the County of Devon, but it is said he had a Grant or Patent made to him, by King Charles I, and

that the same may be seen inrolled in the Petty-Bag Office in England. His Deed to Lord Say and Seal and others, is entered at large on the antient Records of the Colony of Connecticut, with a Caption as followeth, viz.

No. 1.

A Copy of the old Patent for Connecticut.

"To all People to whom this present Writing may come, Robert, Earl of Warwick, sendeth Greeting in our Lord God everlasting.-Know ye, that the said Robert, Earl of Warwick, for divers good Causes and Considerations him thereunto especially moving, hath given, granted, bargained, sold, aliened and confirmed, and by these Presents doth give, &c. unto the right honourable William Viscount Say and Seal, the right honourable Robert Lord Brook, the right honourable Robert Rich, and the honourable Charles Fiennes, Esq; Sir Nathaniel Rich, Knt. Sir Richard Saltonstall, Knt. Richard Knightly, Esq; John Pymm, Esq; John Hampden, Esq; John Humphreys, Esq; and Herbert Pelham, Esq; their Heirs and Assigns, and

their Associates forever, all that Part of New-England, 1631. in America, which lies and extends itself from a River

there called Naraganset river, the Space of forty Leagues upon a straight line, near the Sea Shore, toward the SouthWest, West and by South or West as the Coast lieth towards Virginia, accounting three English Miles to the League, 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 Longitude, of, and within, all the Breadth aforesaid, throughout the Main Lands there, from the Western Ocean to the South Sea, and all Lands and Grounds, Place and Places, Soil, Wood and Woods, Grounds, Havens, Ports, Creeks and Rivers, Waters, Fishings and Hereditaments whatsoever, lying within the said Space, and every Part and Parcel thereof.-And also all Islands lying in America aforesaid, in the said Seas, or either of them on the Western or Eastern Coasts, or Parts of the said Tracts of Lands by these Presents mentioned to be given, granted, &c. and also all Mines and Minerals, as well, royal Mines of Gold and Silver, as other Mines and Minerals whatsoever, in the said Land and Premises, or any part thereof, and also all the several Rivers within the said Limits, by what Name or Names soever called or known, and all Jurisdictions, Rights and Royalties, Liberties, Freedoms, Immunities, Pow

ers, Privileges, Franchises, Prehemencies and Commodities whatsoever, which the said Robert, Earl of Warwick now hath or had, or might use, exercise or enjoy, in or within any part or parcel thereof, excepting and reserving to his Majesty, his Heirs and Successors one fifth Part of Gold and Silver Ore.To have and to hold the said Part of New England, in America, which lies and extends, and is abutted as aforesaid, and the said several Rivers, and every Part and Parcel thereof, and all the said Islands, &c. to them the said Viscount Say and Seal, &c. their Heirs and Assigns, and their Associates to their only proper and absolute Use and Behoof for evermore. In Witness whereof the said Robert, Earl of Warwick, hath hereunto set his Hand and Seal, 19th March, 1631.

Appointment of John Winthrop, jun. Esq; to be Governor, by Lord Say and Seal, &c.

"Know all Men by these Presents, that we Arthur Hasselrig,

Bart. Sir Richard Saltonstall, Knt. Henry Lawrence, 1635. Henry Darley, and George Fenwick, Esqrs. in our own

Names and in the Name of the right honorable Viscount Say and Seal, Robert Lord Brook and the Rest of our Company, Do ordain and constitute John Winthrop, Esq; the younger, Governor of the River Connecticut, with the Places adjoining thereunto, for and during the Space of one whole Year, after his Arrival there, giving him, from and under us, full Power and Authority, to do and execute any such lawful Act and Thing both in respect of the Place and People, as also of the Affairs we have or shall have there, as to the Dignity or Office of a Governor doth or may appertain.

In Witness whereof, we have hereunto put our Hands and Seals, this 18th Day of July, 1635.

RICHARD SALTONSTALL, ARTHUR HASSELRIG, HENRY LAWRENCE,

GEORGE FENWICK,
HENRY DARLEY."

Five Seals appendant impressed in one large Piece of Wax.

Then follow a Number of Instructions.

1. To build a Fort on an Island near the Mouth of the River, at Saybrook, which was done.

2. To build Houses, some proper for Persons of Quality. —those to be within the Fort;-besides a Number of Regulations respecting the Planting of the Country.

This is the same Mr. Winthrop, who was afterwards Governor of the old voluntary Government of Connecticut, before the Charter;-who went to England to obtain the Charter, and was the first Governor under the same.

After Mr. Winthrop, the above named Mr. Fenwick was appointed Governor or Agent under the Company of Lord Say and Seal, &c. of the Fort at Saybrook, and their other Interests. After a-while the Company, upon the Change of Affairs in England, gave over all Thoughts of removing to New England, and thereupon Mr. Fenewick sold to the old Connecticut or Hartford Colony.

No. 3.

Abstract of a Deed from George Fenwick, Esq; to old Connecticut Jurisdiction. -This Abstract contains all the Clauses that respect the Conveyance of Land as follows, viz.

"The Fort at Saybrook with the Appurtenances here1644. after mentioned, viz

-All the Land on Connecticut River shall belong to the Jurisdiction of Connecticut, and such Lands as are yet undisposed, shall be ordered and given out, by a Committee of five, whereof George Fenwick, Esq; aforesaid, is always to be one. The said George Fenwick doth also promise, that all the Lands from Naraganset River to the Fort of Saybrook, mentioned in a Patent granted by the Earl of Warwick to certain Noble and Gentlemen, shall fall in under the Jurisdiction of Connecticut, if it come into his Power, for and in regard of the Premisses, and other good Considerations."—

Then follow a Number of Covenants and Agreements.—such as laying a certain Duty on all Beaver Skins and Corn, that shall be carried out of the River, to raise the purchase Money, viz. One thousand Pounds Sterling.-Mr. Fenewick to have Liberty to live there ten Years, to have certain Grounds, Wharfs, &c.