foundation. They could neither acquire any right by the one, or Transfer any Title by the other. But that both the one and the other have been too recent to be the Ground of any argument, since we are advised that the Proprietaries made no purchase of the Natives of any Consequence to this dispute, pryor to the treaty at Fort Stanwix.

"That the actual Occupation under the Connecticut Title of the Contested Lands, was as early, and in some parts of the Country Prior to that under the Proprietaries; That the imagined Impractability of exercising Jurisdiction by the Colony, over so extensive a Country, is a Question of Policy, not an objection to the Right, and can have no more weight against the Colony Title than the Impropriety and ill policy of Vesting so Large a Territory as that of Pennsylvania in a single subject, will have against that of the Proprietaries, and are considerations both equally Improper to be mentioned on either side; That of the same Nature is the supposed Difficulty of the Intervention of another Province between our seat of Government and the Country over which we thus Claim Jurisdiction, which is also a Question of Policy, and yet has, in fact, in one instance at least, in America, been found to be attended with no difficulty of any Consequence; That the Acquiescence of the Colony under the Grant of Pennsylvania is of no more force than the Acquiescence of the Proprietaries under the Grant to Connecticut, and can have little weight on either side, since till very lately, the Indians refused to give up the Country to either, and neither can be considered as having suffered their claim to have lain culpably Dormant, under the Particular Circumstances of the case, and the situation of the Country, and especially that this cannot be imputed to Connecticut, whose Grant was expressly for the Purpose of Settlement, but without Limitation of Time, and they had not, till within a very few years past, settled the Country to the Eastward of New York, and consequently could not, upon any proper Grounds, sooner pursue their claim, or attend to the actual Settlement of this Western part of the Colony; But these and many other Circumstances and Considerations, tending to elucidate and to establish the claim of the Colony beyond all Contradiction, We will make no mention of, as proper only to be explained and enforced before a Tribunal Competent to the Determination of the whole Controversy.

"But as the application to such a Tribunal, whether on the part of the Colony, or, as you propose, by the Proprietaries, (to which we have no objection,) will necessarily take up much time, we are extreamly sorry to find that you cannot agree, in the mean Time, to the Methods we have proposed for preserving peace and Good Order among the Inhabitants in that part of the Country, neither to that of a Personal Distinction, for the purpose of Jurisdiction of the Claimants under the several Titles, by entering their names in some proper office, which we offered at the Conference with you

on Saturday last; nor that of a Temporary line of Jurisdiction, which we proposed in our Paper of the 18th Instant; and that nothing Less will satisfie you than a Total evacuation of the Country by the Settlers under Connecticut.

"This is a measure which we do not think ourselves authorized by the Colony to Consent to, and which we have no Imagination that they will adopt.

"We consider, therefore, our Negociation with you as at an End, and have only to Console ourselves that, whatever happens, we have on our part faithfully endeavoured not only to terminate the Controversy with all Possible Dispatch, but also to provide for the quiet of the Country while the Dispute shall be depending. Give us leave, however, at parting, to remark, in answer to the reasons you mention for not acceding to our Proposals, that we never imagined that it was in your power, by your own authority, to Controul the Jurisdiction erected in that part of the Country, or to Prohibit or restrain the Purchasers from Settling, under the Grants Actually made to them under this Province, but we did Imagine, and of this we have yet no Doubt, that the Legislature of the Colony, of which you are a part, would, at your desire, have added the Sanction of their authority to any agreement you had thought Proper to have come into for preserving the Peace of the People; your want of Power in your personal Capacity, or as one of the Proprietaries of the Province, can therefore, with us form no Objection why you should not have accepted one or the other of our Proposals, since we are Perswaded the Assembly of the Province would have given every Aid in their Power to so salutary a Design.

"It is with much concern that we find your attention so strongly turned Towards the Proceedings of the Susquehanna Company, in settling under the Connecticut Title, and that you have conceived so ill an Opinion of those Proceedings.

"This is a Subject which we were not instructed to Discuss, and which we waived entering into, particularly in our former papers; but since you recall our attention to it in the manner you have done, We cannot forbear observing to you that the primary Possession of the People under Connecticut, was taken at a time when the Country was entirely a Wilderness, under an Indian Purchase, approved of by the Colony, and made under their title of Pre-emption from the Crown, when there was no person upon the Land, much less any Body holding under the Proprietaries, and of Course could not be attended with any Force or Violence. This Possession was interrupted by the Indians of the Far Nations in open War, and again without force resumed in 1762, And was only suspended while the Matter could be laid before his Majesty, in Consequence of a Letter from the Earl of Egremont, one of his Majesty's principal Secretaries of State, founded upon representations made by the Governor of this Province, transmitted by S Jeffery Amherst, Commander-in-Chief of his Majesty's forces in North America,

Suggesting that the Settlement was disagreeable to the Indians, and might Occasion an Indian War, and the Devastation of the Frontiers. When that Representation to his Majesty had been made, and all apprehensions of Displeasure from the Indians were effectually removed by their Resignation of the Country at the Treaty of Fort Stanwix, they apprehended they might very Justifiably resume their Possessions, which they attempted to do in a Peaceable manner, but were, as we are advised, interrupted and opposed by Persons claiming under the Proprietaries. Then it was that Violence Commenced and force was opposed to Force, on the one Hand to regain, on the other to prevent, an actual Occupation of the Lands; on either side perhaps, justifiable in the Degree, but on both founded on a Real Idea of Right, and therefore not Meriting the Severe Construction that have been put upon it, or the harsh Epithets you have applied to it. When you add to this that they were advised, as in fact they were, that the Could not try their Right or the title of the Colony of Connecticut, but upon the Ground of an actual Possession, which should put the Proprietaries to such an action at Law for the recovery of the Possession, as might bring the title in Question; That the first Possession, and the subsequent struggles to regain and maintain that Possession, were with the avowed Purpose of trying the Title in the most regular and effectual manner; that they expressly Offered both here and in Europe, to submit to and be concluded by a legal Decision; That their situation was such that they could bring no Possessory Action themselves, and that the Proprietaries and those who held under them refused, or at least neglected, to bring any Action of that nature on their Part, but on the Contrary, that those unfortunate people were repeatedly harassed with Criminal Prosecutions, in which the Title could not come in Question, and even in one of those Cases, when a Plea to the Jurisdiction of the Court was offered, it was absolutely rejected, and even with Circumstances of Contempt. When you consider these Circumstances, and many others which are capable of the Clearest Proof, we cannot but hope you will entertain, in future, more favorable Sentiments of the Connecticut Settlers and their former Proceedings, than have been attempted to be impressed upon you by the Representations of Inte rested Individuals, willing to magnify past services or to procure future favors, and will not be surprized that the Colony should be Content to avail themselves of the Possessions which began, and has been Continued with such views, and under such Circumstances, or be willing to take under their Protection a People who have uniformly Claimed under their Title, and Laboured indefatigably to bring it to a legal Decission.

"We cannot omit, finally, to remind you, that the Established Jurisdiction under this Province, of which you avail yourself, and to which you wish our People to submit, was erected not only after the Possession above referred to, but after it was publickly known

that the General Assembly of Connecticut had directed a state of their claim to be drawn up and laid before learned Council in England for their opinion, and was perhaps precipitated to prevent if Possible the Probable Consequences of that Measure.

Upon the whole, tho' we thought it our Duty, drawn to it by some expressions in your Letter to mention some of these Circumstances, and the grounds of the former Proceedings in this Matter, yet we wish not to dwell upon them, or to recall to mind Occurrences which can afford no Pleasure in the Review, and will have little influence upon the Case in its present state, since it must finally be determined, not by these incidental Circumstances and Occurrences, but upon great and General Principles. By them we are content to stand or fall, and will be finally decided, when the Cause shall be duly adjudged.

"In the meantime, we beg leave to return you our sincere thanks for the Politeness and Candor you have discovered upon this Occasion, of which, and every other Circumstance of the Present negotiation, We assure you we will make a faithful report to our Constituents, and are with great Esteem and Respect, your Honors

"most Obedient, and

"most humble Servants,

"ELIPHT. DYER,

"Honble. JOHN PENN, Esq"

"WM. SAML. JOHNSON,
"JEDH. STRONG,

"Commissioners.

Wednesday, 29th December, 1773,

The Governor laid before the Assembly by the Secretary, for their perusal, Governor Trumbull's Letter, the Resolves and Act of Assembly of Connecticut, as also the several Letters from the Commissioners of that Colony, and Copies of his Honor's Letters to them, relative to the claim lately set up by the said Colony to Lands within this Province.

At a Council held at Philadelphia, on Friday 7th January, 1774.

PRESENT:

The Honourable JOHN PENN, Esquire, Governor.

The Honble. James Hamilton, Andrew Allen,

Benjamin Chew,
James Tilghman,

Esquires.

Edward Shippen, Jr. Esquires.

The Governor laid before the Board two Bills sent up by the Assembly for his Concurrence, entituled

"An Act for regulating the Buildings, keeping in Repair the Streets, Lanes and Alleys, and Highways, within the Borough of Lancaster, and for other Purposes therein mentioned.

"An Act to amend the Act entituled "An Act for granting to His Majesty the sum of fifty-five thousand Pounds, and for striking the same in Bills of Credit, in the manner hereinafter directed, and for providing a Fund for sinking the said Bills of Credit by a Tax on all Estates, real and personal, and Taxables within this Province," which Bills were read, and being duly considered, were ordered to be returned to the House, with several Amendments made to both.

At a Council held at Philadelphia, on Wednesday 12th January, 1774.

PRESENT:

The Honourable JOHN PENN, Esquire, Governor.

Benjamin Chew,

James Tilghman,

Andrew Allen,

Edward Shippen, Jun' Esquires.

The Governor laid before the Board three Bills which the Assembly sent up for his Concurrence, entituled as follow, Viz': "An Act to prevent infectious Diseases being brought into this Province."

"An Act to oblige the Trustees and Assignees of Insolvent Debtors to execute their Trust."

"A Supplement to the Act entituled 'An Act for raising of County Rates and Levies."

Which Bills were read and referred to further Consideration.

At a Council held at Philadelphia, on Saturday 15th January, 1774.

The Governor laid before the Board the two following Bills, sent up by the Assembly for his Concurrence, Viz' :

"An Act for confirming the Estate of John Steel, of Carlisle, in the County of Cumberland, in and to a certain Plantation and Tract of Land in the Township of Middleton, in the County aforesaid, several of the Title Deeds whereof are lost."

"An Act to regulate the Fishery in the River Conestogoe, in the County of Lancaster."

Which were read, and in part-considered, and referred for further Consideration.