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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --Friday, 22 November, 1782
The court met: present as before.
The court order the motions now before them in writing to be filed.
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The agents for Pensylvania laid before the court the following state and representation:
To the honorable the commissioners and judges appointed to hear and finally determine the controversy subsisting between the State of Pensylvania and the State of Connecticut. The agents of the State of Pensylvania beg leave humbly to state and represent in behalf of the said State,
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to a large part of the lands within the limits aforesaid, as well in point of jurisdiction as territory; and that since the Revolution, the said intrusions are continued and daily increased by the said persons pretending to claim under the State of Connecticut, and the claim of the said State is by the said State still continued and persisted in, and the jurisdiction of the said State actually asserted and exercised, within a part of the State of Pensylvania, in defiance of all law and justice.
Wherefore the said agents do humbly pray, that this honorable court taking into consideration the premises, as well as all other matters and proofs that may be alleged and shewn on the part of Pensylvania and of Connecticut before you, you will proceed agreeably to the tenor of the ninth Article of the Confederation, to determine and decide in the premises according as to right and justice shall be found to appertain.
William Bradford, Jun.
Jos. Reed,
James Wilson,
Jona. D. Sergeant.1
[Note 1: 1 The Pennsylvania statement is in the Papers of the Continental Congress, No. 77, folios 39--47.]
20 November, 1782.
The agents for Connecticut also exhibited to the court a state of the case on the part of Connecticut, as follows:
The state of the case on the part of Connecticut, exhibited to the honorable court of commissioners at Trenton, November, A. D. 1782.
A. D. 1497. Sebastian Cabot, a subject of England, was employed by Henry the seventh, King of England, to discover a north west passage to China, and in that service, in or about the year one thousand four hundred and ninety-seven, he discovered all the north east coast of America, from Cape Florida, in twenty-five degrees north latitude, to sixty-seven degrees and an half, by which the crown of England became entitled thereto, so far as the right of first discovery could entitle. A. D. 1620, King James the first, in the eighteenth year of his reign, by letters patent, under the great seal of England, gave the name of New England, in America, to all that circuit, continent and limits in America, in breadth, from forty degrees of northerly latitude from the equinoctial line to forty-eight degrees of said northerly latitude, and in length, by all the breadth throughout the main land from sea to sea, with all the rivers, seas, &c. within the
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same degrees of latitude and longitude; and incorporated the Duke of Lenox, and divers other persons, by the name of the council established at Plymouth, in the county of Devon, for the planting, ruling, ordering and governing of New England, in America; and to them and their successors, grants all the lands, &c. viz. that aforesaid part of America, lying and being in breadth from forty degrees of 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 lands, from sea to sea, together also with all the firm lands, soils, grounds, &c. and all and singular other commodities, jurisdictions, royalties, privileges, franchises and pre-eminences, both within the said tract, upon the land upon the main, and also within the said islands and seas adjoining: Provided always, that the said islands or any of the premises herein before mentioned, and by these presents intended and meant to be granted, were not actually possessed or inhabited by other Christian prince or state, nor within the bounds, limits or territories of that southern colony heretofore by us granted, to be planted by divers of our loving subjects in the south part. And did further command and authorise the said council and their successors, or the major part of them, to distribute, convey, assign, and set over such particular portions of said lands, tenements and hereditaments, to such subjects, adventures and planters, as they should think proper, respect being had as well to the proportion of the adventurers as to the special hazard, exploit or merit of any person to be recompensed, advanced or rewarded.
March 19, 1628. The said council of Plymouth granted to Sir Henry Roswell, &c. their heirs and assigns, and their associates forever, all that part of New England, in America aforesaid, which lies and extends between a great river, there commonly called Monomack, alias Merrimack, and a certain other river there, called Charles river, being in the bottom of a bay, called Massachusetts, alias Massachusetts, alias Mattatusetts Bay, and all and singular those lands and hereditaments whatsoever, lying within the space of three English relies, on the south part of the said Charles river, or of any or every part thereof, and also all and singular the lands and hereditaments whatsoever, lying and being within the space of three English miles to the southward of the southermost part of the said bay, called Massachusetts, alias Mattachusetts, alias Mattatusetts Bay, and also all those lands and hereditaments whatsoever, which lie and be within the space of three English miles to the northward of the said river,
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called Monomack, alias Merrimack, or to the northward of any and every part thereof, and all lands and hereditaments whatsoever, lying within the limits aforesaid, north and south, in latitude and in breadth, and in length and longitude of and within all the breadth aforesaid, throughout the main lands there, from the Atlantic and Western sea and ocean on the east part, to the South sea, on the west part, and all the lands and grounds, &c. March 4, 1629, King Charles the first, by his letters patent, under the great seal of England, did grant and confirm unto the said Sir Henry Roswell, &c. their heirs and assigns, and their associates, all the said part of New England, in America, lying and extending between the bounds and limits in the said indenture expressed, &c. Provided always, that if the said lands, islands, or any the premises before mentioned, and by the said letters patent, last mentioned, intended and meant to be granted, were, at the time of the granting of the said former letters patent, dated the third day of November, in the eighteenth year of the reign of his late Majesty, King James the First, actually possessed or inhabited by any other Christian prince or state, or were within the bounds, limits or territories of the said southern colony then before granted by the said king, to be planted by divers of his loving subjects in the south parts of America, that then the said grants should not extend to any such parts or parcels thereof, so formerly inhabited or lying within the bounds of the southern plantation as aforesaid. But as to those parts or parcels so possessed or inhabited by any such Christian prince or state, or being within the boundaries aforesaid, should be utterly void.
March 19, 1631. Robert Earl of Warwick, president of the council of Plymouth, by his deed, bearing date the 19th day of March, Anno Dom. 1631, did give, grant, bargain, sell and confirm unto the right honorable William Viscount Say and Seal, &c. their heirs and assigns, and their associates forever, all that part of New England, in America, which lies and extends itself from a river there called Narraganset, rver, the space of forty leagues upon a straight line, near the seat shore, towards the south-west, 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, havens, rivers, waters, fishings and hereditaments whatsoever, lying within
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the said space, and every part and parcel thereof, and also all the 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 land by these presents mentioned to be given and granted; to have and to hold, unto the said William Viscount Say and Seal, &c. their heirs and assigns, and their associates, to their only proper use and behoof for evermore.
The Associates with Lord Say and Seal, &c. Connecticut people established government, and soon after proceeded to settle on the land aforesaid, upon the right and as associates of the lords Say and Seal, &c. under the patents aforesaid, which lands they were afterwards vested with; having obtained the native right by purchase and conquest, and having settled many towns in the eastern part of said patent, and as far west as the Dutch possessions near Hudson's river, they as early as A.D. 1650, extended their claims and possessions on the west side of Delaware river, and made purchases of large tracts of lands of the Indians there.
In 1635, the said Plymouth company surrendered their patent to the crown.
April 23d, 1662. King Charles the second, by his letters patent under the great seat of England, bearing date the 23 day of April, Anne Dom. 1662, ordained, constituted, and declared John Winthrop, John Mason, Samuel Wyllis, and sixteen others by name, and all such others as then were or thereafter should be admitted and made free of the company and society of the colony of Connecticut, in America, should, from time to time, and for ever thereafter, be one body corporate and politic, in fact and in name, by the name of the governor and company of the English colony of Connecticut, in New England, in America, with certain powers, privileges and authorities; and therein granted to them and their successors, all that part of his dominions in New England, in America, bounden on the east by Narragansett river, commonly called Narragansett bay, where the said river falleth into the sea, and on the north by the line of the Massachusetts plantation, and on the south by the sea, and in longitude, as the line of the Massachusetts colony, running from east to west, that is to say, from the said Narragansett bay on the east, to the South sea on the west, with the islands thereunto adjoining, together with all the firm lands, &c. to have and to hold the same unto the said governor and company, their successors and assigns for ever, upon trust, and to and for the use and benefit of themselves and their associates, freemen of the said colony, their
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heirs and assigns, to be holden of the king, his heirs and successors, as of his manor of East Greenwich, in free and common soccage, and not in capite or by knights' service.
Whereby the said governor and company became vested with the right of jurisdiction over, and seized of the crown title, and of the exclusive right of pre-emption to all the lands within the boundaries in said patent mentioned and described, excepting only such part of the same as was then actually in the possession of the Dutch: and in fact the lands in controversy, between the states of Pensylvania and Connecticut, in this case, are contained within the said bruits of said patent, viz. within a line drawn from the east side of a creek or river, called Momaroneck, where the fresh water falls into the salt, at high-water mark, west parallel to the south line of the patents to the Massachusetts aforesaid.
March 12, 1664. King Charles the second, by his letters patent, under the great seal of England, bearing date the 12th day of March Anno Dom. 1664, gave and granted unto his royal brother James, Duke of York, all that part of the main land in New England, beginning at a certain place, called and known by the name of Saint Croix, next adjoining to New Scotland, in America, and from thence extending along the sea coast, unto a place called Pennequie or Pennequid, and so up the river thereof to the furthermost head of the same, as it tendeth northward, and extending from thence to the river Kenebequie, and upwards, by the shortest course, to the river called Canada, northward; and also all that island or islands, commonly called by the several name or names of Mattowacks, or Long Island, situate, lying and being towards the west of Cape Cod and the Narragansetts, abutting upon the main land between the two rivers there called and known by the names of Connecticut and Hudson's river; together also with the said river called Hudson's river, and all the land from the west side of Connecticut river to the east side of Delaware bay; and all the several islands, called or known by the names of Martin's Vineyard and Nantucks, otherwise Nantucket, together with all the lands, soils, islands, &c.
The Dutch and Swedes were at that time possessed of the lands belonging to the late colonies of New York and New Jersey, and had made considerable plantations and improvements there; which settlements aforesaid of the Dutch, &c. they contended were begun as early as in the year 1614, prior to the patent of the council of Plymouth.
April, 1664. King Charles the second, in April, 1664, made a conquest of the Dutch at New York; and a settlement of the line between
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the Duke of York's government, eastward, and the colony of Connecticut, became necessary.
April 26, 1664. His majesty having constituted and appointed Colonel Richard Nichols, Sir Robert Carr, knight, &c. his commissioners to visit the New England colonies, with full power and authority to hear, receive, examine and determine all complaints and appeals, and proceed in all things for providing for and settling the peace of said country; they did accordingly settle and determine as follows, viz.
November 30, 1664. By virtue of his Majesty's commission, we have heard the difference about the bounds of the patent granted to his royal highness the Duke of York, and to his Majesty's colony of Connecticut; and having deliberately considered the reasons alleged by Mr. Allen, senior, Mr. Gold, Mr. Richards and Captain Winthrop, appointed by the assembly held at Hartford, the 13th of October, 1664, to accompany John Winthrop, esq. the governor of his Majesty's colony of Connecticut, to New York, and by Mr. Howell and Captain Young, why the said Long Island should be under the government of Connecticut, which are too long here to be recited. We do declare, and order the southern bounds of his Majesty's colony, is the sea; and that Long Island is to be under the government of his royal highness the Duke of York, as is expressed by plain words in said charters respectively. And also by virtue of his Majesty's commission, and by the consent of both the governors and the gentlemen above named; we do also order and declare, that the creek or river which is called Monoromock, which is reputed to be about twelve miles to the east of West Chester, and a line to be drawn from the east point or side where the fresh water falls into the salt, at high-water mark, north north-west, to the line of the Massachusetts, be the western bounds of the said colony of Connecticut: and all plantations lying westward of that creek and line so drawn, shall be under his royal highness's government; and all the plantations lying eastward of that creek and line, to be under the government of Connecticut.
To this the commissioners therein mentioned from Connecticut, subscribed in the words following, viz. "We underwritten, on behalf of the colony of Connecticut, have assented unto the determination of his Majesty's commissioners, in relation to the bounds and limits of his royal highness the duke's patent, and the patent of Connecticut."
June, 1673. In June, 1673, New York and its territories were recovered by the Dutch, and their government revived again. In 1674,
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on a treaty of peace between the English and Dutch, signed at Westminster, the English government was restored. June, 29, 1674: June 29, A.D. 1674, the Duke of York obtained a renewal of his patent. The duke's governor being uneasy at the former settlement of the line, claimed a resettlement of the same; and after various negotiations and agreements, between November 23d, 1683, and 1733, the line between the duke's government, and the government of the colony of Connecticut, was finally settled, beginning at Biram river, at the sea, a few miles east of the former settlement of said line, and to extend northward to the line of the Massachusetts, as in said settlement is expressed.
King Charles the second, by his letters patent, bearing date the thirty-first year of his reign, gave and granted unto William Penn, his heirs and assigns, all that tract or parcel of land in America, with all the islands therein contained, as the same is bounded on the east of Delaware river, from twelve miles northward 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 doth not extend so far northward, 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 river 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, and on the south by a circle drawn at twelve miles distance from New Castle, northwards and westwards, unto the beginning of the fortieth degree of northern latitude, and then by a straight line westward to the limits of longitude above-mentioned: to have, hold, possess and enjoy, unto the said William Penn, his heirs and assigns, &c., the northern part of the bounds and limits of which grant interferes with and spreads over some parts of the western lands before granted to the colony of Connecticut, and confirmed by the renewed charter or patent aforesaid, from King Charles the Second, for about the space of one degree of latitude through the whole breadth of the said grant, being nearly the forty-second degree of north latitude, which occasions the present controversy; of which interference the said William Penn had notice at the time of taking out his patent aforesaid.
The colony of Connecticut, in A.D. 1753, having located and settled all their lands within their patent east of New York, and being in a
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condition to extend their settlements on the other part of their patent aforesaid, to the westward of Delaware river which lay in a wilderness state, and possessed only by the Indians; certain companies of adventurers, chiefly from said colony, agreed together to purchase the native right to said lands of the Indians, and to extend the settlements of the colony of Connecticut on the western parts of said patent, and accordingly did, under countenance of the authority of said colony, at different times, make sundry purchases of large tracts of lands of the Indians, native proprietors of said lands, on the Susquehanna and Delaware river, within the limits and bounds of the patent to the governor and company aforesaid; and in A.D. 1754, said companies of adventurers proceeded and made settlements on said lands so purchased as aforesaid, and ever since have, though with various interruptions, continued to hold and possess the same under the title of the colony of Connecticut. And the legislature of the colony of Connecticut have approved of the purchases and settlements of the adventurers aforesaid, and have actually erected and exercised jurisdiction in and over said territory, as part and parcel of said colony.
All which rights, powers, privileges and jurisdictions aforesaid, of the colony of Connecticut, on the late happy Revolution, remained as before, vested in the State of Connecticut.
And thereupon the agents for the State of Connecticut pray the judgment of this honorable court in their favour, that they may be quieted in the jurisdiction and property in and over the lands in dispute aforesaid.
Eliphalet Dyer,
Wm. S. Johnson,
J. Root,
Agents for Connecticut.1
[Note 1: 1 The Connecticut statement is in the Papers of the Continental Congress, No. 77, folios 1--19.]
The agents for the State of Pensylvania having further prayed the opinion of the court on the written motions this morning ordered to be filed, the same was given as follows:
The court cannot determine what motions may or may not be proper to be made hereafter; at the same time they think it proper to inform the agents on both sides, that they mean to govern themselves by the principles of law, so far as they ought to apply in the present case.
The court adjourned till to-morrow ten of the clock.
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