While
the French were pushing their way into the interior of North
America by means of the river St. Lawrence and the Great Lakes,
the English were no less busy in making settlements along the
North Atlantic coast. Some few of these, notably the early
settlements of Sir Walter Raleigh in Virginia - were
failures, owing chiefly to the character of the colonists
themselves, who were for the most part gentle men adventurers,
disinclined to labor, and hoping to acquire sudden wealth by the
discovery of precious metals rather than by the slower and more
laborious methods of cultivating the soil or establishing
profitable industries. Later efforts, undertaken under
more favorable auspices, and by men of a different stamp, proved
successful. Into the history of these early colonies, as
defined in their respective charters, so far as is has to do
with the region northwest of the Ohio river, long known after
its discovery by the French as the Northwest territory.
The ignorance which long prevailed as to the extent of
the continent westward, was the source of great confusion and
error among early geographers, and led to a general over lapping
of the boundaries of neighboring colonies, as defined in their
respective charters. Says Winsor, in his history of
"The Mississippi Basin," "The charters which the English
king had given while parceling out the Atlantic seaboard of the
present United States, carried the bounds of the several giants
west ward to the great ocean supposed to lie some where beyond
the Alleghenies. Though Drake and others had
followed the Pacific northward to upper California, the
determination of longitude was still so uncertain that different
estimates prevailed as to the width of the continent. When
the charter of Virginia was confirmed, in 1609, there was dying
out a conception whiich had prevailed among geographers, but
which the institutions of Mercator had done much to dispel, that
a great western sea approached the Atlantic somewhere midway
along its seaboard. This theory had come down from the
voyage of Varrazano."
Thus a map of Virginia, sold in London in 1651, lays
down the Hudson river as communicating by a "mighty great lake''
with the "sea of China and the Indies," and bears the
inscription, running along the shore of California, "whose happy
shores (in ten days' march with fifty foot and thirty horsemen
from the head of James river, over those hills and through the
rich adjacent valleys beautifyed
Page 45 -
with as profitable rivers which necessarily must run into that
peaceful Indian sea) may be discovered to the exceeding benefit
of Great Britain and joye of all true English." Smith,
Hudson, and Cartier expected to find the Indian road
in the rivers that they explored. Captain
Newport, in 1680, brought over from England a barge so
constructed that it could be taken to pieces and then put
together, with which he and his company were instructed to
ascend the James river as far as the falls and descend to the
South sea, being ordered "not to return without a lump of gold
as a certainty of the said sea." This persistent
misconception of North America was due to the mental
prepossession which prevented men seeing any insuperable
obstacle to their finding a western sea road to the Indies, and
to the fact that Balboa, Drake, and others, from
the mountains of Darien, had seen the two oceans that
wash its shores. The English, shut out from the St.
Lawrence river by the French, and from the Gulf of Mexico by the
Spanish, and confronted at a distance of from one to two hundred
miles from the coast by the great Appalachian mountain range,
which long proved an almost in superable barrier to western
settlement, were much slower than their rivals in seeing in
North America a vast continent.
VIRGINIA'S CHARTERS
The
first charter of Virginia, granted by James I, in 1606,
to the London and Plymouth companies bestowed on them in equal
proportions the territory in America, including adjacent
islands, lying between the thirty-fourth and forty-fifth degrees
of north latitude. It was stipulated that one-fifth of the
precious metals found should belong to the king; also that all
waterways near the colony were to be explored for the purpose of
finding a short and easy route to the Pacific ocean.
The second Virginia charter, granted by James I,
in 1609, to the London and Plymouth and others, constituting the
London company, defined the limits of the company's territory as
follows: "all those lands, countries, and territories, situate,
lying, and being, in that part of America called Virginia, from
the Point of Land called Cape or Point Comfort, all along the
Sea Coast to the Northward two hundred miles, and from the said
Point of Cape Comfort all along the Sea Coast to the Southward
two hundred Miles, and all that Space and Circuit of land lying
from the Sea Coast of the Precinct aforesaid up into the Land,
throughout from Sea to Sea, West and Northwest, and also all
Islands lying within one hundred Miles, along the Coast of both
Seas of the Precinct aforesaid." This is the first of the
"from sea to sea" boundaries that play so important a part in
history. Some vagueness in the phrase "up into the land
throughout from sea to sea, west and north west" gave rise to a
long discussion as to its meaning, but as construed by Virginia,
more than one-half the North American continent was embraced
within the boundary lines, including the whole of the Northwest
territory.
MASSACHUSETTS' CHARTERS.
The
first charter upon which Massachusetts based her claim to lands
in the west, was granted by James I to the Plymouth
Company in 1620. and was the second of the two charters
into which that of 1606 was merged. It defined the
company's territory as "that aforesaid part of America lying and
being in breadth from 40 degrees of northerly latitude from the
equinoctial line to 48 degrees of the said northerly latitude
inclusively, and in length of, and within all the breadth
aforesaid, throughout all the Maine lands from sea to sea * * *
and also with 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, be not actually possessed or inhabited by any
other Christian prince or estate, nor to be within the bounds,
limits and territories of that Southern Colony heretofore by us
granted to be planted by diverrs of our loving subjects
in the south part," etc. The king also declared it to be
his will and pleasure that the said territory, in order to be
more certainly known and distinguished, should be called by the
name
Page 46 -
of New England in America. It embraced, according to the
described boundary lines, the greater part of the present
inhabited British possessions to the north of the United States
all of what is now New England, New York, one-half of New
Jersey, nearly all of Pennsylvania, more than the northern half
of Ohio, and the states and territories to the west, north of
the fortieth parallel.
In 1629, Charles I confirmed a charter which had
been granted to the Massachusetts Bay Colony by the council at
Plymouth, and in which the boundaries of Massachusetts were
defined as extending from three miles north of the Merrimac
River to three miles south of the Charles River and the most
southerly point in Massachusetts Bay, and from the Atlantic
Ocean to the South Sea.
THE GRANT TO PENN.
The
Pennsylvania charter, granted by Charles II to William
Penn, in 1681, was the cause of more disputes than any
other in our history. The limits of the grant were thus
defined: "All that tract or part of land in America, with all
the islands therein contained, as the same is bounded on the
east by Delaware River, from twelve miles distance northwards of
New Castle Town unto the three and fortieth degree of northern
latitude, if the said bounds; river doth extend so far
northward; but if the said river shall 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 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 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 northward and westward
unto the beginning of the fortieth degree of northern latitude,
and then by a straight line westward to the limit of longitude
above mentioned." Penn soon after extended his province by
the purchase of Delaware from the Duke of York; he also obtained
from him the relinquishment of his claim to the western shore of
the river above the twelve-mile circle, which had been drawn to
leave the town of New Castle in the Duke's hands. The
question arose as to the meaning of the descriptions, "the be
ginning of the fortieth," and "the beginning of the three and
fortieth degree of north latitude." Penn took the
ground that they meant the belts lying between 39, 40, 42 and 43
degrees, and that his southern and northern boundaries were
consequently 39 and 42 degrees north. This construction,
which made Pennsylvania overlap the boundaries of Maryland and
Virginia on the south, and of Connecticut on the north, involved
him and his successors in the most bitter disputes with those
colonies. That with Maryland, which continued for more
than eighty years, and greatly retarded the settlement and
development of a beautiful and fertile country, after much
litigation, was settled by a compromise on the part of
proprietors in 1760.
DISPUTE WITH VIRGINIA.
The
controversy with Virginia did not begin formally until 1752, its
immediate cause being the settlement of Pennsylvanians west of
the mountains in territory that in 1738 the General Assembly of
Virginia - bounding it on the east by the Blue Ridge, and on the
west and northwest by "the utmost limits of Virginia" - had
created Augusta County. Carried on by Governors
Dinwiddle and Hamilton on a question of fortifying
the forks of the Ohio, it was for a time interrupted by the
French and Indian war. Braddock's defeat enabled
the French commander on the Ohio to destroy the English
settlements and drive off the inhabit ants, but after Fort
Duquesne fell into the hands of the English, in 1758, Virginians
and Pennsylvanians again began to make their way into the
disputed territory, which by that time had been given a county
organization by the government of Pennsylvania also, it being
thus under two different political jurisdictions. This
gave rise to much strife and turbulance, and
Page 47 -
more acrimonious correspondence between the respective
governors, now Penn and Dunmore. The latter
aimed at, and finally succeeded in bringing on an Indian war,
which takes its name from him. After the trouble between
the two colonies had gone on for some years longer, with
high-handed proceedings on both sides, for which Lord
Dunmore's arbitrary western policy was mainly responsible,
it was brought to a termination at the opening of the
revolutionary war by a petition from the members of Congress,
who, July 25, 1775, for the benefit of the patriot cause, united
in the following recommendation: "We recommend it to you that
all bodies of armed men, kept up by either party, be dismissed;
and that all those on either side who are in confinement, or on
bail, for taking part in the contest, be discharged." In
1779 commissioners appointed by the two States met at Baltimore
and signed an agreement "to extend Mason and Dixon's line due
west five degrees of longitude, to be computed from the River
Delaware, for the southern extremity of Pennsylvania, and that a
meridian line drawn from the western extremity thereof to the
northern limit of the said State be the western boundary of
Pennsylvani Pennsylvania forever." This
contract being duly ratified by the legislatures of the two
States, Mason and Dixon's line was extended in 1785, and the
southwestern corner of Pennsylvania established. When the
State of Ohio was formed in 1802, the territory left of Virginia
east of the Ohio River and north of the Mason and Dixon's line,
which then showed its peculiar proportions for the first time on
the may of the United States, was dubbed the "Panbandle" by the
Hon. John McMillen, delegate from Brooke County.
CONNECTICUT'S CLAIMS.
To
understand the dispute between Pennsylvania and Connecticut, in
which we are more interested, and which was in fact by far the
most important, it will be necessary to glance briefly at the
early history of the latter colony.
Connecticut, as originally constituted included the
three towns of Windsor, Hartford and Weathersfield, which were
settled in 1636 and 1637 by emigration from Massachusetts, and
were for a short time under the protection of that colony.
New Haven, founded in 1638, was at first a separate colony, not
included in Connecticut, and had no other title than one
obtained by purchase from the Indians. Neither the
Connecticut nor the New Haven colonists "had any title to the
lands that they occupied, proceeding from the Crown, previous to
the charter that constituted the Connecticut Company, granted by
Charles II, Apr. 23, 1662, which gave the colony the
following limits."
"We * * * do give, grant and confirm unto 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 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 part, with the
islands thereunto adjoining."
"This charter," says Hillman, "consolidated
Connecticut and New Haven; it cut into the grant made to
Roger Williams and his associates in 1643, and it did
not recognize the presence of the Dutch on the Hudson even to
the extent of making the familiar reservation in favor of a
Christian prince holding or Christian people inhabitating."
The northern boundary of the colony, identical,
according to the charter, with the southern boundary of
Massachusetts, was not, however, settled for more than a
century, owing to its having been incorrectly surveyed in 1642.
This gave rise to disputes between the two colonies, which were
not ended until 1714, when both parties agreed on a compromise
line almost identical with the present boundary. This line
conforms in general to the parallel of 42 degrees 2 minutes; it
marks the southern limit of the Massachusetts claim and the
northern limit of the Connecticut claim west of the Delaware.
Page 48 -
ESTABLISHMENT OF NEW YORK.
The
Connecticut settlements were much annoyed for many years by the
Dutch, who early in the seventeenth century had planted them
selves firmly upon the North River, as they called the Hudson,
and who claimed all the coast as far as the Connecticut.
The English, basing their claims on the discoveries of the
Cabots, had always denied the validity of the Dutch title.
In 1664, Charles II granted to his brother, James,
Duke of York, a vaguely defined tract of country in New England,
be ginning at St. Croix, and including "all that island or
islands commonly called by the several name or names of
Matowacks or Long Island scituate, lying and being toward the
west of Cape Codd and ye narrow Higansetts abutting upon the
maine land between the two Rivers there called or knowne by the
severall names of Conecticutt and Hudsons River and all the land
from the west side of Conecticutt to ye east side of Delaware
Bay and also all those severall Islands called or knowne by the
names of Martin's Vinyard and Nantukes otherwise Nantuckett
together with all ye lands islands soyles rivers harbours mines
minerals quarryes woods marshes waters lakes, etc."
"The next year a fleet sent out by the Royal Duke took
possession of New Netherlands. A few years later the Dutch
recovered the province for a single year, but that article of
the treaty of Westminster, 1674, which required the surrender by
both parties of all conquests made in the course of the
preceding war, remaining in the hands of the conqueror, gave the
English a secure title as against the Dutch. A second
charter, dated 1674, confirmed the Duke in possession of the
province, the fore. boundary descriptions remaining much as be
The Duke gave the province the name by which it has since been
known."
Between 1662 and 1664 Charles II issued several
conflicting cliarters, widely overlapping the boundary lines of
Massachusetts, Rhode Island and Connecticut, a condition of
things that was then the rule rather than the exception.
Indeed, much of the boundary work
PURCHASES FROM THE INDIANS.
The
grant made to Penn carried to 42 degrees north, conflicted with
the Connecticut charter of 1662, as well as with all others in
which Connecticut was interested, and caused uncertainty as to
the political jurisdiction and right of soil in a rich and
fertile region of more than 5,000,000 acres of lands, west of
the Delaware and between the forty-first and forty second
parallels. In 1753, the Susquehanna Company was organized for
the purpose of settling the lands claimed by Connecticut west of
New York. In the following year a tract 120 miles in
length, from ten miles east of the Susquehanna westward, was
purchased by the company from certain Iroquois chiefs. In
the same year the Albany Congress, which had been called under
authority of the home government for the consideration of
existing affairs in the several colonies, passed resolutions
Page 49 -
declaring the validity of the Massachusetts and Connecticut
claims west of the Delaware, and also of the western claims of
Virginia. It also devised a practical system for carrying
on western colonization. The Delaware Company was soon
after organized, which also purchased lands from the Indians.
In 1768 five townships were organized in the Wyoming Valley by
the older company.
CONFLICT WITH PENNSYLVANIA WESTERN RESERVE
The
Pennsylvania proprietors, who had hitherto done nothing but make
protests, now purchased from the Indians, at a congress held at
Fort Stanwix, all that part of the Province of Pennsylvania not
previously purchased them, and this included the whole
Connecticut claim. They also began to lease lands in the
Connecticut district on the condition that the leasees should
defend them against the Connecticut claimants. The
attempts of the lessees to oust the settlers in possession
brought on a skirmish of writs and arrests that has been termed
the first Pennamite and Yankee war. It is unnecessary to
follow the contest in its subsequent details. It was
continued under one aspect or another, resort even being had to
military force, until 1775, when the Continental Congress
intervened with a remonstrance, which caused both parties to
suspend hostilities. In 1782 a Federal Court, convened at
Trenton, decided against the claims of Connecticut. This
decision applied to the whole Connecticut claim within the
charter limits of Pennsylvania. Connecticut made no
objection. Keeping in view the fact that Pennsylvania had a
definite boundary on the west, she carried her stake westward
and drove it into the ground five degrees west of the Delaware;
"that is, she asserted her right to the strip of land lying
between 41 and 42 degrees 2 minutes west of Pennsylvania to the
Mississippi River, which by the treaties of 1763 and 1783 had
taken the place of the South Sea as the western boundary.
This tract was the Western Reserve, and included within its
limits what is now Mahoning County.
END OF CHAPTER VI -
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