USA > Connecticut > A complete history of Connecticut, civil and ecclesiastical, from the emigration of its first planters, from England, in the year 1630, to the year 1764; and to the close of the Indian wars > Part 49
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should renew the war, that the rest should join with the Book II. English to bring them to reason. Ten of the Indians who assisted as deputies in the convention for treating of peace, 1764. were to abide as hostages, until the Indian nations should be certified of the peace, and return the captives agreeably to the present treaty .*
There is no mention of any cession on the part of the Observa- English, nor any valuable consideration for those little tions. townships of land which they were obliged to grant around every fort which the English then possessed, and around all others which they should judge proper to build. Neither does there appear to be the least stipulation on the part of the English to deliver up the murderers of the Indians a- mong them to public justice, nor any such care to secure the liberty, property and lives of the natives, as to impose whatever might serve their own interest and safety. In- deed, this is too observable in almost all their treaties with the Indians, that they stipulate and bind themselves to the English in every thing which can secure their interests, while the English on their part stipulate little or nothing for the security or benefit of the Indians. They have too often imposed on them unequal terms, and even the ar- ticles of peace given them, have been grounds of uneasi- ness, and laid the foundation of new wars.
The Indians are quick sighted to their own honor and interests, they are susceptible of just and humane treat- ment, and could universal justice and kindness become part of the national character, as it respects them, and a proper attention be given to their particular ideas of honor and decorum, we might generally, no doubt, enjoy peace with them.
This Indian war, which it seems originated in the inat- tention, haughtiness and injustice of the English, made a considerable addition to tlie loss and expense which the colonies had sustained in the long war by which it was pre- ceded. They were called upon, by his majesty and by the commander in chief, again to furnish considerable quo- tas of men. Connecticut, though remote from danger, was obliged to furnish men, and be at considerable expense, for the protection and safety of the southern colonies. For about nine years, she had employed more or less of her men constantly in the field, and, though less exposed, and less interested in the war than any of the other colonies, had done more in proportion to her numbers than any of them.
Though all the colonies were more or less injured by * Rider's Hist. vol. I. p. 70 ..
1
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Book II. this unhappy insurrection of the Indians, yet the southern sustained by far the greatest burthens and losses. Their frontiers were more immediately exposed to the murders and depredations of the enemy ; large and fruitful tracts of country were abandoned, and the inhabitants driven in up- on its more safe and populous parts.
Distressing as the war was to these colonies, it was nevertheless attended with some favorable circumstances. The precipitancy of several of the warriors in the begin- ning of the war, before the enemy were generally prepar- ed, in some measure defeated the more methodical and general mischief which had been designed, by giving the country too early an alarm. This gave an opportunity to a greater proportion of the frontier inhabitants to make their escape, and to save more of their valuable effects. The country had more time, also, to rally and to prepare for the more general and forcible attack. Other favora- ble circumstances were, that the Cherokees, during the whole time, kept the peace : and though the Senecas en- gaged in the war', yet, by the influence of sir William John- son, the most of the other Indians were restrained from hos- tilities,
CHAPTER XXIV.
Susquehannah purchase. Resolve of the assembly in fa- vour of the company. The settlement of the land com- mences. Colonel Dyer is sent to the court of Great-Bri- tain, as agent for the company. The colony assert their claim to the lands comprised in the purchase.
1754.
A RESPECTABLE number of gentlemen in this colo- ny, in the year 1754, commonly known by the name of the Susquehannah company, finding a large tract of land, lying west of the province of New-York, on the river Sus- quehannah, owned by the six nations, for which they re- presented that they had no use, and wished to sell, at & full counsel of said six nations of Indians, in Albany, at the congress there, made a purchase of a large tract of coun- try, lying on the waters of said river, about seventy miles north and south, and, from about ten miles east of it, ex- tending westward two degrees of longitude. This tract of country had been conveyed away by king James I, in the
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most ample manner possible, by letters patent, under the Book II. great seal of England, bearing date November 3d, 1620, to the duke of Lenox, the marquis of Buckingham, the earls 1754. of Arundel and Warwick, with 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. This patent made a con- veyance to them, and their successors and assigns, " of all that part of America, lying and being in breadth from forty degrees of north latitude, from the equinoctial line, to the forty-eighth degree of said northerly latitude, inclusively, and in length, of and within all the breadth aforesaid, throughout the main land, from sea to sea." This patent includes the whole of New-York, and the principal part, if not the whole of Pennsylvania.
In 1631, March 19th, Robert, earl of Warwick, president The patent of the council of Plymouth, under his hand and seal, did of Con- grant and confirm unto the right honourable viscount Say 1631. necticut, and Seal, lord Brook, &c. to the number of eleven, " All that part of New-England, in America, which lies and ex- tends itself from a river, there called Narraganset river, the space of forty leagues, upon a straight line, near the sea shore, towards the south-west, west and by south, as the coast lieth, towards Virginia, accounting three English miles to a league, and all and singular the lands and here- ditaments whatsoever, lying and being the lands aforesaid, north and south in latitude and breadth, and in length and longitude of and within all the breadth aforesaid, through- out all the main lands there, from the western ocean to the south seas ; and all lands and grounds, soil, wood and woods, ground, 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 land, by these presents to be given or granted."*
This territory had been granted to the earl of Warwick the preceding year, and it was confirmed to him, by his 1630. majesty, under the great seal of England, the same year.
This territory was again confirmed to the governor and company of the colony of Connecticut, by royal charter, under the broad seal of England, in 1662. After these complete and repeated conveyances of this territory, and confirmations of them, by several kings of England, it was
* See these patents in the Appendix of the first volume of this history, Nos. 1 and 2.
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Book II. judged, by the purchasers of the lands on the Susquehan- nah, that they were undoubtedly covered, and conveyed to 1755. All other grants of this terri- the colony of Connecticut, and that the right of preemp- tion was vested in the colony. By these conveyances and confirmations of them, the kings of England divested them- tory, prior selves of all right or title to said lands, and invested the to Penn's. patentees with all the title which the royal grants could possibly convey. The original grant to the Plymouth com- pany, was about eighty years before the grant to William Penn; the grant to the earl of Warwick, and from him to lord Say and Seal, lord Brook, &c. fifty years; and the confirmation of it by royal charter to Connecticut, nineteen years prior to the conveyance to Mr. Penn.
Petition to the assem- bly, May, 1755.
The purchasers, therefore, considering the lands as un- doubtedly belonging to Connecticut, at the session in May, 1755, preferred a petition to the honourable General As- sembly, praying for the consent of the assembly, that they might be formed into a distinct commonwealth, if it should be his majesty's pleasure to grant it, with such privileges and immunities as should be agreeable to his royal wisdoni and pleasure.
'The assembly granted their petition, and recommended them to the royal favour, in the following manner :
Resolve of the assem- bly, on the petition.
" Upon the petition of Phinehas Lyman, Roger Wolcott, jun'r. Samuel Gray, and Abraham Davenport, Esq'rs. and others, their associates, to the number of about eight hun- dred and fifty, known by the name of the Susquehannah company, by their agents, George Wyllys, Daniel Edwards, Samuel Talcott, Thomas Seymour, and Eliphalet Dyer, representing that the colony, according to the express lim- its of its royal charter, is in extent from the Narraganset bay on the east, to the south sea on the west, and from the sea shore on the south, to the line of the Massachusetts province on the north: That within, and towards the west- ern part of its limits, are, and, time immemorial, have been, large numbers of Indian nations, commonly called the six nations, dwelling, improving, and claiming a large extent thereof: That a certain large parcel of such their claim, situate and lying on the waters of the Susquehan- nah, about seventy miles north and south, and from about ten miles east of said river, extending westward two de- grees of longitude, they, the said Indian nations, not find- ing necessary for their own use, have, for very valuable considerations, been induced to relinquish, and to sell to the petitioners ; and that some well ordered plantation, in so near a neighbourhood to the said nations, might, most likely, be a means to cement and fix them in friendship
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with his majesty's subjects ; and that they, the said In- Book II. dians, are desirous such settlement might be promoted and carried on, as being conducive to their interest and safety ; 1755. and thereupon praying the consent of this assembly, that his majesty, if it shall be his royal pleasure, grant said , lands to the petitioners, and their associates, thereon to erect and settle a colony, for the more effectual securing said Indians in his majesty's interest, and the defence of his majesty's dominions in North-America, with liberty of fur- ther purchases of said Indians, to said purpose, as occasion may be :
"Resolved by this assembly, that they are of opinion, that the peaceably and orderly erecting and carrying on some new well regulated colony, or plantation, on the lands above mentioned, would greatly tend to fix and se- cure said Indian nations in allegiance to his majesty, and friendship with his subjects ; and, accordingly, hereby manifest their ready acquiescence therein, if it should be his majesty's royal pleasure to grant said lands to said pe- titioners, and thereon erect and settle a new colony, in such form and under such regulations, as might be con- sistent with his royal wisdom ; and, also, beg leave humbly to recommend the petitioners to his royal favour in the premises."
When the Susquehannah company made the purchase of the lands at Wyoming, on the Susquehannah, they were uninhabited, either by English or Indian settlers, and the Indian war, for several years, prevented their settlement. A letter from the earl of Egremont, one of his majesty's prin- cipal secretaries of state, founded on representations made by the governor of Pennsylvania, and transmitted by gene- ral Amherst, commander in chief of his majesty's forces in North-America, suggesting that the settlement was disa- greeable to the Indians, and might occasion an Indian war, Settle- and the devastation of the frontiers, prevented its settle- ment at ment in 1762. But the next year, people went from Con- commen- necticut, and commenced a settlement.
Wyoming
ced, 1763.
The same year, the company employed Eliphalet Dyer, Esq. to repair to the court of Great-Britain, and transact the affairs of the company at the British court. He pre- sented a petition to his majesty, in behalf of the company, shewing their right to the lands which they had purchased, "praying his majesty to order and allow them to become colonists on the same, and grant them such privileges, pow- ers, and authorities, as, in his great wisdom and goodness; he should think fit." This petition was pending before his majesty, when the troubles between Great-Britain and
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Book II. the colonies began, and the revolutionary war commenced, and the controversy between Connecticut and Pennsylva- 1770. nia, relative to the title, was never determined by the crown.
As Pennsylvania claimed the same lands, and made a powerful opposition to the Connecticut settlers and claim, the colony wished to act cautiously in the affair. . There- 1770. fore, in the session in May, 1770, the assembly determined Case refer- to transmit a state of the case to counsel learned in the red to law- law, in England. The gentlemen to whom the case was yers in England. referred, were, Messrs. Thurlow, Wedderburn, Jackson, and Dunning; gentlemen as learned and famous in the law department as any, at that day, in England. With the statement of the case, they proposed the three following questions.
Questions and an- Question I. " Do the words, actually possessed and oc- cupied, extend to lands on the west side of the Dutch set- swers rela- tlements, which were, at the time of the grant of James the tive to the land in controver- sy. first, in a perfect wild state, but divided from the Eng- lish settlements by the actual possession of the Dutch ? And did the grant to the council of Plymouth mean to ex- cept in favor of foreigners, not only what they had actually planted, but all to the westward of such plantations ?"
Answer. "We are of opinion that the words actually possessed and enjoyed, do not extend to lands on the west side of the Dutch settlements, which were, at the time of the grant of James the first, in a wilderness state, though divided from the English settlements by the actual pos- session of the Dutch, and that the grant to the council of Plymouth did not mean to except in favor of any one, any thing to the westward of such plantations."
Quest. II. " Have not the said governor and company of the colony of Connecticut, the right of preemption and the title under the crown to the lands aforesaid, within the limits and bounds of their patent aforesaid, lying west- ward of the province of New-York, and not included in the charter of king Charles the second to the duke of York, notwithstanding the several settlements of bounda- ries between the colony on the east, and the province on the west, made as well by agreement between the parties, as under the royal authority, and notwithstanding the sub- sequent charter to Sir William Penn ?"
Answer. " The agreement between the colony of Con- necticut and the province of New-York, can extend no fur- ther than to settle the boundaries between the respective parties, and has no effect upon other claims, that either of them had in other parts ; and as the charter of Connecticut
473
CHAP. XXIV. CONNECTICUT.
was granted but eighteen years before that, to Sir William Book II. Penn, there is no ground to contend that the crown could, at that period, make an effectual grant to him of that coun- 1773. try, which had been so recently granted to others. But if the country had been actually settled under the latter grant, it would now be a matter of considerable doubt, whether the right of the occupiers, or the title under which they hold, could be impeached by a prior grant, without actual settlement."
Quest. III. " What course of proceedings will be legal and expedient for the governor and company of Connecti- cut to pursue, on the whole state and circumstances in this case, in order to terminate all disputes and differences rela- tive to said land ?"
Answer. "In case the governor and company shall, in point of prudence, think it expedient to make their claim and support it, it will be proper, either amicably and in concurrence with the proprietaries of Pennsylvania, or, in case of the refusal of those proprietaries, without them, to apply to the king in council, praying his majesty to ap- point commissioners in America, to decide the question, with the usual power of appeal.
" E. THURLOW, " ALR. WEDDERBURN,
RD. JACKSON, J. DUNNING."
The legislature having received this decision, so fully in favour of the colony's title, at the session in October, 1773, "Resolved, That this assembly, at this time, will assert their claim, and, in some proper way, support such claim, to those lands contained within the limits and boun- daries of the charter of this colony, which are westward of the province of New-York."
At the same time, the legislature appointed and commis- sioned colonel Dyer, doctor Johnson, and Mr. J. Strong, to treat with governor Penn, and the agent or agents of the proprietaries of Pennsylvania, respecting an amicable agreement between the colony and the said proprietaries, concerning the boundaries of this colony and the province of Pennsylvania : but if said proprietors preferred joining in an application to his majesty for commissioners to set- tle said line, in that case the commissioners were authori- sed to join, on behalf of this colony, in such application : and they were further directed to consult and agree with governor Penn, upon such measures as would tend to pre- serve peace and good order among the inhabitants of said lands, and prevent mutual violence and contention, during the time the boundaries between this colony and the pro- prictaries of that province remain undetermined.
K 3
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Boox II. In December following, the commissioners made a jour- ney to Philadelphia, and waited on governor Penn. They 1773. communicated to him the acts of the General Assembly, relative to the lands west of the province of New-York, and, in a very able and polite manner, treated with him on the several points comprised in their commission. But the governor would not enter into any negociation with them, for the purpose of settling the limits and boundaries between the colony of Connecticut and the proprietaries of Pennsylvania, and the whole controversy between them and Connecticut; nor would he join with the colony in ale application to his majesty in council, to appoint commis- sioners to decide the controversy. At the same time, he was equally opposed to any agreement relative to any such measures as might preserve peace and good order among the inhabitants settled on the contested lands, while the dispute was depending .*
The commissioners reported to the assembly at Hart- ford, in January. . Upon the report, finding that Mr. Penn would come to no composition with the colony, the Gene-, ral Assembly determined to extend their jurisdiction to the settlers on the contested lands, and incorporated them into a town, by the name of Westmoreland, with the same privileges as other towns in the colony enjoyed.
As the Susquehannah company had its opposers, and as many imagined that the claim of the colony was unfound- ed, the measures which the assembly had adopted, produ- ced a considerable tumult and faction in the colony. A large number of malcontents convened at Middletown, and drew up the following petition and remonstrance.
Petition and re- mon- strance proceed- ings of the legislature. " At a meeting of the committees of twenty-three towns in this colony, at Middletown, on the 30th of March, 1774, appointed by their respective towns, to confer together on against the the present alarming situation of this colony, respecting the public measures lately pursued by the honourable Gen- eral Assembly, respecting Susquehannah matters, and to prepare a petition and remonstrance, to be presented to the next assembly, which were fully and calmly debated and considered :- Whereupon it was voted, That the an- nexed petition and remonstrance be printed and dispersed through all the towns in this colony, that the general sense .. of the public may be had thereupon ;-- and the same is re- commended to their approbation and adoption. The amount of the lists of the towns now met, by their commit- tees, exceeds two fifths of the grand list of this colony ..
" ADAM BABCOCK, Clerk."
* See the report of the commissioners, January, 1774.
West- moreland incorpo- rated.
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" To the honourable General Assembly of the governor Book II. and company of the colony of Connecticut, to be holden at Hartford, on the second Thursday of May next. 1774.
" We, the inhabitants of , in town meeting assem- bled, with hearts full of submission and duty, and tenderly affected for the honour, interest, and peace of this colony, and the welfare and happiness of ourselves, and our pos- terity, beg leave humbly to petition and remonstrate against certain acts and doings of the General Assembly of this colony, and measures taken in favour of the Susquehannah company, (so called,) whereby the jurisdiction of this colo- ny is attempted to be extended to lands west of the pro- vince of New-York ;- measures which your remonstrants conceive to be of a very dangerous tendency, and preg- hant with the greatest mischief to them and their posterity, and highly derogatory to the honour and interest, and de- structive to the peace of the colony, and a great grievance.
"Your petitioners, as British subjects, conceive they have an undoubted right to lay their grievances before your honours, by their humble petition ;-- a right vested in their ancestors, from the carliest periods ; an essential part of their privileges ; vindicated, asserted, and confirm- ed, on the most trying and glorious occasions, and at the expense of blood and treasure, transmitted to them ; the exercise of which, at this time and in this manner, as they are sure it ought not, so they humbly hope it will not, give any offence or umbrage to your honours, or their fellow subjects.
" Your honors' remonstrants beg leave, with the free- dom of Englishmen, and the duty of subjects, to lay their grievances before your honors, the principal of which, and from which, as its source, all other grievances are de- rived, is, that the proprietors of the Susquehannah compa- ny, who claim the lands over which jurisdiction is extend- ed, who were members of the last General Assembly, and deeply interested in the questions discussed and determin- ed, were suffered to, and did sit and act in said assembly, in those very matters in which they were so deeply inter- ested, and for which their partners, settled on said lands, under their votes and for their benefit, were suitors to said assembly. Your remonstrants conceive themselves war- ranted to assert that said members were interested, from all the acts and transactions of said company, from the pe- culiar engagedness of said members in promoting the in- terests of said company, and from their frequent declara- tions, that they have expended immense sums of money in purchasing the native right, prosecuting measures, in Eng-
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Book II. land and America, to complete their title : and, from their having prosecuted, at their own expense, a memorial to 1774. the assembly in May last, praying for the exercise of ju- risdiction over said lands by this colony ; and which lands they must lose, unless the General Assembly would be pre- vailed upon to take the steps which the last assembly hath . taken. But we will not take up your honors' time, to prove their interest and partiality in the present case, since it is so apparent and notorious, that not a freeman in the colo- ny can be ignorant of it. And as their being permitted to debate and give their voice in determining the important questions that came under the consideration of the last as- sembly, in which their interest was concerned, is contra- ry to all ancient precedent and usage, as your remon- strants are informed ; so it appears to your remonstrants unreasonable, unconstitutional, and of very dangerous ten- dency, when partial and interested men not only vote to serve their own ends, but are likewise admitted to narrate facts, to argue, to persuade; in short, to be witnesses, counsel and judges for themselves. That full confidence may be reposed in the supreme legislature is of the highest importance ; hence the wise care of our ancestors, that an equal representation should take place, that elections should be free ; that all suspicion of partiality, prejudice, and sinister or interested views, in the members of that au- gust body should be prevented. And it is with deep con- cern and grief, that they are obliged to inform your honors that the measures they complain of, not only tend to weak- en and destroy that confidence, in their opinion, but have in fact, in regard to the last assembly, had that unhappy effect, of which the feelings of your remonstrants are to them the highest evidence. They can confide, they ever have confided, and will still confide in the unbiassed and impartial determinations of their rulers ; but they cannot consider the determinations of the last assembly, in the measures complained of, many of which would not have passed had not said proprietors voted for the same, as un- biassed and impartial.
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