Were it conceded that the claim of Connecticut was a baseless speculation, merited reproach would necessarily attach to all those numerous settlers, who came to this debated land, with a view to its possession. Nor would the parent colony, or State, escape severe censure. With the two-fold view, therefore, of imparting information to those who wish to understand the ancient grounds of controversy, and to vindicate the State, and the early colonists from being reckless and unprincipled invaders of the property of others, we shall proceed to show-not that the Connecticut claim was absolutely just, but that there were at the time, with the lights before them, such grounds to believe in its justice, as to warrant the adoption of all proper measures to secure its possession.

Early after 1600, a contest commenced between France and England for the possession of North America. In November, 1603, Henry IV. of France, (a name that awakens all that is chivalrous in war, gallant in love, or romantic in incident,) granted to Sieur de Monts, American Territory, under the name of Acadia, extending from the 40th to the 46th degree of latitude. Aroused by this measure king James of England, three years afterwards, that is, in 1606, divided that part of North America lying between the 34th and 45th degrees of latitude, into two nearly equal parts; the northern half, namely, the country between the 38th and 45th degrees of latitude, he granted by patent to Thomas Hanham and others, principally inhabitants of Plymouth and Bristol. Out of this grant, as we shall trace it step by step, grew the Connecticut claim.

Subsequently the King, by letters patent dated November 3, 1620, incorporated the Great Plymouth Council, and granted "all that circuit, continent, and limits in America, in breadth, from 40 degrees of northerly latitude, from the equinoxial line to 48 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 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 40 degrees of northerly latitude, from the equinoxial line, to 48 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 hereinbefore 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 authorize 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, adventurers and planters, as they should think proper."

You will observe not only, that authority is given, but the charge is expressly made, that the Plymouth Council" shall distribute, assign, and set over," to others, such portions of the territory as might be deemed politic and proper. Accordingly, Massachusetts was carved out of the Plymouth patent in 1628.-The grant for that purpose to Sir Henry Ross well and others, runs thus: "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 Mattachusetts, alias Mattattusetts bay, and all and singular, the lands and hereditaments whatsoever, lying within the space of three English miles, on the south part of said Charles river, or of any or every part thereof; and all and singular, the lands and hereditaments whatsoever, lying and being within the space of three English miles to the southward of the southernmost part of the said 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, called Monomack, alias Merrimack, and 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." etc.,

King Charles confirmed this charter in 1629. It will attract particular attention that the words are clear, the language explicit

in the description, that the grant extends, "throughout the main lands from the western ocean to the south sea."

Next in order we come to the Connecticut charter. In 1630 the Earl of Warwick, president of the Plymouth council, received a grant of a large tract of land, which he conveyed to Lord Say and Seal, Lord Brook and others, after having obtained the king's charter of confirmation. His deed is dated March 19, 1631, and the following is a copy of the descriptive part: "All that part of New England in America, which lies and extends itself from a river, there called Narragansett river, the space of forty leagues upon a straight line near the shore, towards 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 and 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," etc.

Again it will be observed that the words of description expressly include "the main lands from the western ocean to the south sea."

This grant having been partially settled, an association, under the name of the colony of Connecticut, purchased out the right of Lord Say and Seal, Lord Brook, and others, for 16,000 pounds sterling. In 1662, April 20, king Charles the 2nd renewed and confirmed the charter, distinctly recognizing the territory as part and parcel of the old Plymouth grant, set off and allotted according to national policy and the royal will. As this is the Connecticut charter proper, we quote the descriptive words." To the Governor and company of the English colony of Connecticut, in New England, in America,” with certain privileges and powers of government; and "granted and confirmed to the said Governor and company, and their successors, all that part of our dominions in New England, in America, bounded 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 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 part, with the islands thereunto adjoining, together with all firm lands, soils, grounds, havens, ports, rivers, waters, fishings, mines, minerals, precious stones, quarries, and all and singular other commodities, jurisdictions, royalties, privileges, franchises, pre-eminences, and hereditaments whatsoever, within the said tract, bounds, lands, and islands aforesaid, or to them or any of them belonging: To have and to hold the same unto the said Governor and company, their successors and assigns, forever, upon trust; and for the use and benefit of themselves and their associates, freemen of the said colony, their heirs and assigns."

A third time it will strike the reader, the descriptive words distinctly mention, "from the said Narragansett bay on the east, to the south sea on the west." More particularly is attention directed to the repetition of those words, because Mr. Stone quotes a somewhat recent opinion of Col. Pickering, “that in early times the continent was (probably) supposed to be of comparatively little breadth.” In respect to an opinion from authority so respectable we may observe, 1st. That several of the Southern colonial charters were also bounded westerly by the south sea. 2nd. A boundary used and repeated many times, for more than fifty years, by a government so intelligent in maritime affairs, and consequently of the position of the ocean's shores, it would be an unwarrantable presumption to suppose them ignorant of. 3rd. That Col. Pickering having removed to Wyoming, as a Pennsylvanian, and suffered violence from the Connecticut settlers, would be little apt to form an impartial opinion on any point connected with the dispute. 4th. And more important, the great extent of those early grants, was matter of profound policy, thereby to appropriate as much of the continent as possible, a settlement on one part of the grant being claimed as possession of the whole, by such means strengthening the claim of England against that of France, or any other nation. It is moreover asserted by Avery, I know not on what authority, that at the time of the Connecticut charter, the distance from the Atlantic ocean to the south sea was spoken of in public documents as about three thousand miles.

A grave question here presents itself. Why, on each new grant growing out of the Plymouth Company's charter, did the Crown renew the conveyance, and issue a new charter? was it claimed or admitted that the crown could resume its grants at pleasure ?-Cer

tainly not. All the rights of soil and property passed by grants from the proprietors; but the powers of government were considered of a nature so sacred, that they could only be derived directly from the king. It was held, that to assign the powers of government was to relinquish them.

Hence the uniform opinion existed, where mere territory was sold, that a deed from the proprietors was sufficient. Where a new colony, with powers of government was to be established, a release was made to the crown, and a new charter granted, yet expressly recognizing the rights of, and confirming the conveyance from those who had derived title from the old Plymouth Company.

In the Connecticut Charter, it will be noted that no exception in terms is made of lands "actually possessed or inhabited by any other christian power or State," yet the exception in the patent, or old Plymouth Charter was supposed sufficient, and held to govern in all grants growing out of it. The descriptive words of the charter, east, north and west, are clear and explicit-Narragansett river on the east; on the north by the Massachusetts Plantation-a well established boundary; being the ending of the 42nd, and beginning of the 43rd degree of latitude-on the west the south sea." It will be seen hereafter that good use was made by England in her negotiations with France, of these extensive charter boundaries, as prescient sagacity contemplated, when the grants were originally made. How far south the southern line would have run if accurately defined, it is not necessary here to inquire. A degree of latitude was claimed. That these boundaries included Wyoming, has never, that we are aware of, been controverted.

The colony of Connecticut then, claimed west of Delaware river the forty-second degree of latitude, west, until bounded by the south sea. The territory east of the Delaware within that parallel of latitude to the line dividing New York and Connecticut, being in possession of the Dutch when her charter was granted, was of course excepted out of the grant.

In that part of America claimed by England, three requisites were demanded to render title to lands perfect.-First,-a grant or charter from the king;-Secondly, a purchase of the soil from the Indians;-Thirdly, possession. Having exhibited the Connecticut claim by charter, we proceed briefly to examine their title by purchase of the natives.

In 1754 a Congress of Delegates, from a number of the British colonies was called, with the approbation of the Crown, to assemble