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cil of Plymouth, and in fact prevented its being ever vested in the Crown untill the Conquest thereof by Col. Nichols, in August, 1664; as that Territory therefore was not in 1662, in the Crown to Grant, no part of it could pass by the Patent to Connecticut, and it became absolutely necessary after the Conquest and the Grant to the Duke of York, to ascertain what extent of Territory had been 80 possessed by the Dutch and excepted out of the antecedent Grants from the Crown, and accordingly, the Commission under which that Settlement was made, was not merely a Commission to settle Boundaries, but an Authority to hear and receive, and to examine and determine, all complaints and appeals, in all causes and matters, as well Millitary as eriminal and civil, and proceed in all things for the Providing for and settling the Peace and Security of the said Country; and was applyed upon that Occasion Only to the Determination of what part of the Country the Duke of York was entituled to in virtue of the Dutch Possession; it is obvious, therefore, both from the occasion and the Spirit of that agreement and Settlement, that it could not extend to or affect any other Country than that Claimed by the Duke of York, which was expressly Limited io Point of Western Extension by the River Delaware, and Consequently, can be of no use to the Proprietaries of Pennsylvania, who claim not under the Duke of York, but immediately from the Crown, by their Grant in 1681. The Country now Claimed by the Proprietaries under that Grant, within the Boundaries of the Colony of Connectieut, was in 1662, undoubtedly in the Crown, and Consequently, passed by the Royal Grant to the Governor and Company of that Colony, and clearly could not be re-vested in the Crown by a Settlement in 1664 (to which the Crown was not Party) with the D. of York, who was but a Private Subject; and not having been re-vested in the Crown, it is impossible it could pass by the Grant to William Penn, in 1681.
"That Settlement, therefore, we conceive, Ought to have no Weight in Your Deliberations upon this Subject, much less to form an Objection against your entering into a Settlement of the Controversy with Connecticut, in the most expeditious and least expensive Mode that can be devised.
“Of the same nature is the doubt which you imagine we admit with respect to the Course in which the Southern Line of the Grant to Connecticut shall pass the Grant to William Penn. Though we chose to leave that Question open to Discussion untill a Nerotiation was actually entered upon, yet when all parts of the Grant and other Circumstances of the case are Considered, we apprehend very little doubt can remain with respect to it. Indeed, we imagine your Honor could not reasonably expect from us a different Answer than that which was given to the Requisition made us; as we had received no Intimation from you of any Dipositions towards an ami. cable Settlement of the Controversy, we apprehend You could not expect but that we should save to the Colony, whom we have the Honor to represent, all the advantage of the most favourable Construction of their Grant, in case they must be put to an adversary Suit, and a legal decision of the Controversy. But to the purpose of the Negotiation we proposed, the most narrow Construction of the Grant to Connecticut was, we apprehend, abundantly sufficient, since a line parrallell to the Massechusetts Linc, drawn from the Southwestern Boundary of Connecticut with the Province of New York, will include at least one degree in Width of the Lands claimed by the Proprietaries as part of this province, an Object of Sufficient Importance to Merit your attention, and to be the Ground of such a Negotiation as we had the Honor to propose to you.
However, as your Sentiments are decisive upon this subject, We beg pardon for giving you further Trouble upon it, which we should not have done, but to evince to you with how much Reluctance we resign the Hopes we had entertained of an amicable Settlement of the Controversy.
“ It is, however, with very great Satisfaction, that we receive the Intimations you are pleased to give us of your wishes to preserve peace among the Inhabitants settled under the different Claims, and your readiness to receive Proposals tending to that beneficial Purpose.
“It is with equal concern that we also recollect the mutual Violences which have been committed upon the Contested Lands. We will not take upon us absolutely to Justify, or to condemn either party. Give us leave only to remark, that as the Settlers from Connecticut and other Colonies, (for but a part of them were from that Colony), ent'red under the Susquehanna Company, who imagined themselves to have also the Connecticut Title, with a declared purpose of gaining an actual Possession, without which they were advised they could not advantageously try their Title; they entered under the Indea of Right, and in Point of Intention, may be excused. But as the Colony has now taken up the matter, and expressly asserted their Claim, That the like Mischiefs may in future be prevented, and Peace and good Order preserved in that part of the Country, We propose that, without prejudice to the Rights of the Colony, or the Proprietors, a Temporary line of Jurisdiction be agreed upon, which neither Party shall exceed, and in which Ea spectively may exercise such power and authorities as they judge proper, without Interruption or Control; And as the Settlement, under the Proprietaries are Chiefly upon the western, and those under Connecticut principally upon the Eastern Branch of the Susquchanna River, We apprehend such Temporary line may be so drawn, as that Jurisdiction may be exercised by each, over their , respective Settlers, without much Inconvenience. If this Idea shall
meet with your Honor's approbation, we will immediately proceed to delineate and fix such line with Precision. "And are, with much Respect and Esteem,
“ Your Honor's most Obedient,
« Commissioners.” "Hon'ble John Penn, Esquire."
The Board taking the said Letter into Consideration, and having Conferred some time thereon, appointed Mr. Tilghman and Mr. Shippen a Committee to prepare an answer to it, agreeable to the Sentiments of the Board, and to lay the same before the Board tomorrow for their Consideration.
At a Council held at Philadelphia, on Wednesday 22d December, 1773.
Edward Shippen, Jun”: Esquires. James Tilghman,
The Members of Council appointed to prepare an answer to the Last Letter from the Connecticut Commissioners, laid a Draught of a Letter before the Board, which was read and Considered, and some alterations being thought necessary to be made in that part of the Letter which respects the Proposal for establishing Peace and order amongst the Settlers on the Land in Dispute, it was agreed that the same should be made, and laid before the Board to-morrow morning for Consideration.
The Records of the Conviction of Alexander Buchanan for Burgláry, and Thomas Wilson, alias John Hurrin, alias John Green, for Murder, at the last Court of Oyer and Terminer, and General Goal Delivery held at Easton, for the County of Northampton, on the 17th day of December last, before John Lawrence and Thomas Willing, Esquires, were laid before the Board, and Considered, and there being no Circumstances the least favorable in the Case of either of the said Criminals reported to the Governor by the Judge of the said Court, it was the opinion of the Board that the Sentences of the said Court against them should be executed on Saturday the first day of January next, and Warrants for that purpose were ordered to be issued accordingly.
At a Council held at Philadelphia, on Thursday 230 December, 1773.
Edward Shippen, jun"" ŞEsquires. James Tilghman,
The Draught of the Letter preposed to be sent by the Governor, in answer to the last Letter from the Connecticut Commissioners, with the alterations agreed to be made thereto, was laid before the Board; and being approved, was immediately transcribed and sent to the said Commissioners, which Letter follows in these words, Viz':
" PHILADELPHIA, 230 Decem'r, 1773. "Gentlemen:
“I do assure you I did not decline your Proposal of an amicable Settlement of the Controversy between your Colony and the Proprietarys of Pennsylvania, or of a joint application to the Crown to appoint Commissioners to settle Boundaries between them, with a view either of protracting the time or enhanceing the Expence of a Decision; nor can I be of Opinion that an adversary Suit in which both sides are desirous of a Speedy Conclusion, can be attended with any extraordinary Delay or Expence.
« In the Case of Commissioners to settle Boundaries, they must probably be chosen in different Colonies, and their Meeting and attendance would be both difficult to obtain and in itself very expensive; and perhaps after much time spent in bringing the matter to a Period, the Determination might not be satisfactory to all parties, and only prove the foundation of an appeal to His Majesty in Council
“Had I been inclined to an amicable Settlement of the Matter, I was not at Liberty, being concerned, as I told you in our Conference of Saturday last, only one-fourth of the Province, and being without Powers from the other Proprietor, who could not foresee, when I left England, that the Colony of Connecticut would have taken up this dispute, or adopted a Claim which they had hitherto declined to meddle with.
"I am Sorry to find myself misapprehended when I speak of the admission of a Claim, which I meant to guard against; I well know there is a clear distinction between a bare Claim and a Right, but a just Claim and a Right I take to be the same Idea; and upon the whole of my Expression, I think I must be understood to mean the admission of a just Claim; and as in my Opinion, the Colony of Connecticut, in its Western extent, can never be advanced beyond the Eastern Limits of New York, I conceived there would have been an impropriety in my agreeing to a joint application for Commissioners to Settle Boundaries, that carrying with it an implied Acknowledgement that your Claim ought to extend so far as to join upon, or interfere with the Province of Pennsylvania.
“You apprehend I was mistaken in imagining that the Settlement of the line between the Colony of Connecticut and the Grant to the Duke of York, was in any degree occasioned by the uncertainty of the Bounds and extent of the Charter of Connecticut, and the other New England Grants, and attempt to Explain the Motives of the Settlement, and then you proceed in a Course of Reasoning upon the Merits of your Claim.
“I am still of opinion that a supposed uncertainty in the Bounds of the New England Grants, is clearly to be inferred from the Terms of the Commission under which the Settlement of 1664 was made; but I do not conceive it at all material at this time to enter into any Debate upon the Inducements to the making the Settlements of 1664, or the extent of your Charter, or that of the Plymouth Company, or what Construction may at this time of Day be put upon the Terms of them. The mode of Decision I consider as our Principle object, not the Merits of the Dispute.
"Were it expedient or proper on this occasion to have entered into a Discussion of the Right, I should not content myself with pointing out the Settlement of 1664, conclusive as I esteem it to be; the several Purchases made from the Indians by the Proprietaries, without any Objections on the Part of your Colony; The sales made by them, and the Settlement and long Occupation of the Purchases under those Sales without opposition; the Impracticability of exerciseing a Jurisdiction over the vast Territory which lies between the Atlantic Ocean and the South Sea ; The Interjacency of two Provinces between your Seat of Goverment and the places to which you would now extend your Jurisdiction, together with the acquiescence of Your Colony under the Grant of Pennsylvania, ever since the year 1681 to the Present time, and many other Transactions and Circumstances attending the Case, afford abundant Matter for insuperable Objections to your Claim, and no doubt will be urged before the Tribunal which is to decide the Controversy between us.
“I am now to consider your proposed Method of establishing Peace and good order, by drawing a Temporary Line of Jurisdiction; and to this too there appear to me objections which cannot be got over.
" The Legislature of this Province have erected that Part of the Country where the Connecticut People are Settled into a County. There exists a Legal Jurisdiction, which it is not in my power to restrain, much less can I transfer it to another Government. Great quantities of Land have been Granted under this Province before your Government took up this matter, which will fall within ang Line that can be devised, and it is not in my Power to Prohibit the