FRIDAY, January 3, 1783. On the report of the secretary for foreign affairs, to whom was referred a communication from the hon. the minister plenipotentiary of France: Resolved, That the secretary for foreign affairs inform the minister of France, that Congress learn with great pleasure that the steps taken by Congress and the respective states, their constituents, in opposition to the attempts of the British court to bring about a partial negotiation, has been satisfactory to his most Christian majesty that his majesty's conduct, in the progress of the negotiations commenced in Europe, as it has been communicated to Congress, is sufficient to inspire a just abhorrence of every act derogatory to the principles of the alliance, and serves to fortify the resolutions which his repeated acts of friendship, and a sense of their own honour and dignity, had dictated to the United States in Congress assembled, and the states they represent. The court constituted in pursuance of the 9th article of the confederation, to hear and finally determine the dispute between the states of Pennsylvania and Connecticut, respecting certain lands, having heard and adjudged the said dispute, returned to Congress their proceedings and final sentence, and decree: Ordered, That in pursuance of the said articles of confederation, the proceedings and final sentence and decree of the said court, be lodged among the acts of Congress. The commission to the judges was returned with the following endorsement: "The execution of this commission appears by the schedule to the same annexed. WM. WHIPPLE, (L. S.) WM. C. HOUSTON, (L. S.) CYRUS GRIFFIN, (L. S.) The schedule annexed is in the words and figures following: Proceedings of the court of commissioners, holden at Trenton, in the state of New-Jersey, the 12th of November, 1782, to determine a controversy subsisting between the state of Pennsylvania and the state of Connecticut, relative to disputed territory. At a court of commissioners, holden at Trenton, in the state of New-Jersey, on the 12th day of November, in the year of our Lord 1782, agreeably to the 9th article of the confederation, and by virtue and in pursuance of the commission and letters patent of the United States in Congress assembled, given under their seal, and dated the 28th day of August, in the year aforesaid, constituting and empowering the persons therein named, to hear and finally determine a controversy subsisting between the states of Pennsylvania and Connecticut, relative to their respective rights and claims to certain disputed lands; TUESDAY, November 12, 1782. The honorable David Brearly, and William Churchill Houston, esqrs. Proclamation for silence being made, The commission from the United States in Congress assembled, directing the sitting of the court, was read in the words following, viz. (Here follows the commission as recited in the journal of the 28th of August last.) The commissioners present took the oath prescribed by the 9th article of the confederation, and recited in the commission, before the hon. Isaac Smith, esq. one of the justices of the supreme court of judicature of the state of New-Jersey, a certificate of which was endorsed on the commission. Adjourned till to-morrow morning ten of the clock. The certificate endorsed on the commission is as follows: I, Isaac Smith, esq. one of the justices of the supreme court of judicature of the state of New-Jersey, do hereby certify, that on the 12th day of November, in the year of our Lord 1782, personally appeared before me the hon. David Brearly and William Churchill Houston, esqs. and were severally sworn well and truly to hear and determine the matter in question between the states of Pennsylvania and Connecticut, agreeably to the tenor of the within commission, according to the best of their judgment, without favor, affection, or hope of reward. Dated at Trenton, the day and year above. WEDNESDAY, November 13, 1782. ISAAC SMITH. Then met, pursuant to adjournment, the hon. David Brearly and William Churchill Houston, and not being a quorum to proceed on business, adjourned till to-morrow morning at ten of the clock. THURSDAY, November 14, 1782. Then met, pursuant to adjournment, the hon. David Brearly and William Churchill Houston, esqrs. Adjourned till to-morrow morning ten of the clock. FRIDAY, November 15, 1782. Then met, pursuant to adjournment, the hon. David Brearly and William Churchill Houston, esqrs. Adjourned till to-morrow morning ten of the clock. SATURDAY, November 16, 1782. Then met, pursuant to adjournment, the hon. David Brearly and William Churchill Houston, esqrs. Adjourned till Monday morning next, ten of the clock. MONDAY, November 18, 1782. The court met pursuant to adjournment, and opened in form. Present, the hon. William Whipple, Welcome Arnold, David Brearly, William Churchill Houston, and Cyrus Griffin, esquires. The hon. Mr. Whipple, Welcome Arnold, and Cyrus Griffin, esqrs. took the oath prescribed by the 9th article of the confederation, and recited in the commission, before the hon. David Brearly, esq. chief justice of the state of New-Jersey, a certificate whereof was endorsed on the commission. John Neilson, esq. was appointed clerk. The court adjourned till to-morrow morning ten of the clock. The certificate endorsed on the commission is as follows: I, David Brearly, esq. chief justice of the state of New-Jersey, do hereby certify, that on the 18th day of November, in the year of our Lord 1782, personally appeared before me the hon. William Whipple, Welcome Arnold, and Cyrus Griffin, esqrs, and were severally sworn well and truly to hear and determine the matter in question between the states of Pennsylvania and Connecticut, agreeably to the tenor of the within commission, according to the best of their judgment, without favor, affection, or hope of reward. Dated at Trenton, the day and year above. TUESDAY, November 19, 1782. DAVID BREARLY. The court met pursuant to adjournment. Present, the hon. William Whipple, president; Welcome Arnold, William Churchill Houston, Cyrus Griffin and David Brearly, esqrs. John Neilson, esq. took the oath of office as clerk of the court. Proclamation was made for all persons concerned to attend the court and be heard. William Bradford, jun. Joseph Reed, James Wilson, and Jonathan Dickinsor. Sargeant, esqrs. appearing as agents, and Henry Osborne, esq. as solicitor for the state of Pennsylvania, produced their credentials and powers as recited in the journals of Congress, in these words: [Here follows the powers as recited in the journal of Congress of the 16th of July, 1782:] Which being read, were accepted by the court, and their appearance accordingly entered for the state of Pennsylvania. Eliphalet Dyer, William Samuel Johnson, and Jesse Root, esqrs. appearing as agents for the state of Connecticut, produced their credentials and powers as they here follow: Be it known, that we, the governor and company of the state of Connecticut, in (L. S.) America, have authorized, constituted and appointed, and by these presents do constitute, authorize and appoint the hon. Eliphalet Dyer, William Samuel Johnson, and Jesse Root, esqrs. our agents, procurators and attorneys, in our name and behalf to appear, and us to represent, before the honorable court of commissioners, constituted, appointed and commissioned by the Congress of the United States, pursuant to the 9th article of confederation to be holden at Trenton, in New-Jersey, on the 12th day of November inst. and at all other times and places where said court may be holden, to hear, judge and determine the controversy subsisting between the state of Pennsylvania and the state of Connecticut, respecting the title, jurisdiction, possession and claim, to a certain territory of country, contained within the bounds and limits of the royal charter and patent of his majesty king Charles the 2d, to the governor and company of the late English colony of Connecticut, claimed by the state of Pennsylvania. And we do by these presents give and grant to our said agents and attorneys, the said Eliphalet Dyer, William Samuel Johnson, and Jesse Root, esqrs, or either two of them, full and ample powers of attorney and procuration, for us and in our name and stead to pursue, implead, answer and defend, in all and singular, the questions, matters and things that shall be moved, or any way come before said court, relative to the controversy aforesaid; and to solicit, move, act and transact, in all things whatsoever which shall be found requisite and fitting, on the part of us the said governor and company of the state of Connecticut, as fully and in as ample a manner as we ourselves might or could do, until final judgment shall be had and rendered in the premises. And we do hereby engage to hold good and valid in the law, what our said attorneys shall do in the premises in pursuance of the powers herein given to them, and the instructions they may, from time to time, receive from us, and to ratify and confirm the same, with power to employ counsel learned in the law as they shall judge needful. In testimony whereof, the governor has signed these our letters of attorney and procuration, and caused the seal of our state to be affixed to them. Done at Lebanon, in our said state, this first day of November, in the year of our Lord 1782, and in the 7th year of the independence of the United States of America. JONATHAN TRUMBULL. By his excellency's command: GEORGE WYLLIS, Secretary. Which being read, were accepted by the court, and their appearance accordingly entered for the state of Connecticut. A motion was made by the agents for the state of Connecticut, that the petition preferred by the executive council of the state of Pennsylvania to the United States in Congress assembled, praying that a court might be appointed for deciding the controversy subsisting between the said state and the state of Connecticut, or an authentic copy thereof, should be produced and read; which after argument was over-ruled by the court. A motion in writing was then offered by the agents of the state of Connecticut, in the words following: State of New-Jersey, ss. Trenton, November, A. D. 1782. At a court of commissioners for the trial of the cause betwen the states of Connecticut and Pennsylvania, relative to the jurisdiction and property in certain lands lying west of Delaware river, within the charter boundaries of said states. The agents for the state of Connecticut, saving to themselves all advantages of other and further defence in said cause, beg leave to suggest, inform, and give the court to understand that there are many persons who are tenants, in possession of the lands in controversy, holding, improving and claiming large quantities of said land, under titles from the states of Pennsylvania and Connecticut respectively, particularly the two large companies of Delaware and Susquehanna, consisting of more than 2000 persons, many of whose people are in, possessing, improving and holding large tracts of said lands in controversy, under title from the state of Connecticut, whose titles under said states respectively will be materially affected by the decision in this case, yet have not been cited or any way legally notified to be present at said trial to defend their titles respectively, which, by the rules of proceeding in a course of justice, ought to be done before any further proceedings are had in said case; and thereupon said agents move this honorable court to cause said companies of Delaware and Susquehanna, and other tenants in possession, holding under title from either of said states, to be duly cited in some proper and reasonable manner, to appear and defend at said trial, if they see cause, before any farther proceedings are had in said cause; and of this they pray the opinion of this honorable court. E. DYER, } Agents for Connecticut. After argument, the court adjourned till to-morrow ten of the clock. WEDNESDAY, November 20, 1782. The court met; present as yesterday. The court gave their opinion on the motion of yesterday, made in writing by the agents of Connecticut. That the same cannot be admitted according to the construction of the 9th article of the confederation, and the tenor and design of the commission under which they act. A motion was made by the agents for the state of Pennsylvania, in the words following: November 20, 1782. The agents of Pennsylvania, apprehending that the agents of Connecticut design to move the court to postpone or put off the determination of the cause now depending before them, do give notice to the said agents for Connecticut, in the presence of the court, that they, the said agents of Pennsylvania, will oppose any motions of that nature being made after the evidence on the part of Pennsylvania has been opened, or the merits of the cause entered upon; and if the said agents for Connecticut propose to make any such motion, the agents for Pennsylvania do express their willingness that time be given them for that purpose. WM. BRADFORD, Jun. JAMES WILSON, JON. D. SARGEANT. JOS. REED, The court adjourned till to-morrow morning ten of the clock. THURSDAY, November 21, 1782. The court met; present as before. A motion was made by the agents for the state of Connecticut, in these words: TRENTON, NEW-JERSEY, November, 1782. Court of Commissioners, case Pennsylvania, v. Connecticut. And now the agents of the state of Connecticut, unwilling to give any unnecessary delay, but considering the magnitude of this cause, its length and intricacy, and the high importance that it should be thoroughly investigated, and not only justly determined, but in a manner satisfactorily to the parties concerned; and the state of Pennsylvania, not having yet filed any declaration or state of their claim in this court, whereby the agents for Connecticut can know what the demands of Pennsylvania are, or what they have to answer to, and knowing that there are many exhibits and proofs which will be essentially necessary in the course of said cause, which we have not, nor hath it been in our power to procure, viz. a certain original deed from the Indians, of a large parcel of the lands in dispute, obtained from their chiefs and sachems at their council fire in Onondaga, in A. D. 1763, which is now in England, left there before the commencement of the present unhappy war, and which we have never yet been able to obtain; and other necessary evidence and proofs, which on examination we find we are not at present possessed of, which may be wanted in the course of said trial, and not yet knowing what concession may be made on the part of Pennsylvania, do consent to proceed in the trial of said cause; at the same time reserving to ourselves the right of moving in any stage of said trial, to have the same postponed, as the nature and exigencies of the case may require, and that the agents for Pennsylvania have on their part the same advantages, and that this motion be made parcel of the files of this honorable court. E. DYER, W. S. JOHNSON, Agents for Connecticut. Whereupon, the agents for the state of Pennsylvania moved as follows: The agents of Pennsylvania, in answer to the written motion preferred by the agents of Connecticut, do say, that they are now ready, and have been for some time, to exhibit their claim on the part of Pennsylvania, but have been delayed by the expectation founded on the promise made in the presence of the court by the agents of Connecticut, to file their claim at the same time. Yet they say in answer to that part of the said motion which claims the right of moving in any stage of the trial to have the same postponed, that the court ought not to hear and admit any motion to postpone the trial after the same has begun and proceeded to a hearing of the merits of the cause; and of this they pray the opinion of the court. WM. BRADFORD, Jun. JAMES WILSON, JOS. REED, JON. D. SARGEANT. November 21, 1782. After argument the court adjourned till to-morrow ten of the clock. FRIDAY, November 22, 1782. The court met: present as before. The court ordered the motions now before them in writing to be filed. The agents for Pennsylvania laid before the court the following state and representation: To the hon. the commissioners and judges appointed to hear and finally determine the controversy subsisting between the state of Pennsylvania and the state of Connecticut. The agents of the state of Pennsylvania beg leave humbly to state and represent in behalf of the said state, 1st. That king Charles the 2d, then king of Great-Britain, on the 4th day of March, in the year of our Lord 1681, by his letters patent, dated on the same day and year aforesaid, did grant to William Penn, the first proprietary and governor of Pennsylvania, his heirs and assigns, "all that tract or part of land in America, with the islands therein contained, as the same is bounded on the east by Delaware river, from 12 miles distance northward of Newcastle town, unto the three and fortieth degree of northern latitude, if the said 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 are to be determined by a meridian line to be drawn from the head of the said river unto the said 43d degree; the said land 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 12 miles distance from Newcastle, northward and westward unto the beginning of the 40th degree of northern latitude, and then by a straight line westwards to the limits of longitude above-mentioned." By which letters patent the jurisdiction and right of government within the limits aforesaid, and also the right of soil were conveyed, and under which Pennsylvania hath been held, settled and possessed. 2d. That the said William Penn, and the succeeding proprietaries of Pennsylvania, at different periods, purchased from the native Indians their right of soil within different districts of the limits aforesaid, and received deeds from them for the same, and particularly on the 25th day of October, in the year of our Lord 1736, the said Indians conveyed to Thomas Penn and Richard Penn, the then proprietaries of Pennsylvania, the full and absolute right of preemption of and in all the lands not before sold by them to the said proprietaries within the the limits aforesaid. 3d. That the southern bounds of Pennsylvania, so far as the same adjoins on Maryland, have been long since settled; and the same, so far as the state adjoins upon Virginia, have also been settled of late by a line, called Mason and Dixon's line, continued to the end of five degrees of longitude from the river Delaware; that the northern bounds have always been deemed to extend to the end of the 42d degree, where the figures 42 are marked on the map, the river Delaware being found to extend so far north, and farther; that the said river, pursuing the east or main branch thereof above the forks at Easton, hath ever been deemed to be one boundary of Pennsylvania, from 12 miles above Newcastle, on the said river, to the said end of the 42d degree, and that a straight line, from thence to the place where the same shall intersect another straight line, drawn from the end of the said southern line of boundary of Pennsylvania, commonly called Mason and Dixon's line, continued to the extent of five degrees of longitude from the river Delaware, is another boundary of the said state of Pennsylvania.j 4th That the late province of Pennsylvania, on the 4th day of July, in the year of our Lord 1776, did join with the other twelve, late provinces, now states, in the declaration of independence, and soon after established a constitution and government founded on the authority of the people, which they continue still to exercise and enjoy; and they did also join in the articles of confederation of the United States; and that being so independent and sovereign, on the 27th day of November, in the year of our Lord .779, they did by an act of their legislature, consisting of the representatives of the freemen of the said commonwealth of Pennsylvania in general assembly met, duly made and passed according to the directions of their frame of government, vest the right of soil and estate of the late proprietaries of Pennsylvania in the said commonwealth; and that by means thereof, and of the several matters and things herein before set forth, the said commonwealth, or state of Pennsylvania, is entitled to the right of jurisdiction, and right of soil within all the limits aforesaid. 5th. That, nevertheless, sundry persons pretending to claim under the late colony, now state of Connecticut, before the revolution, have violently settled themselves within the limits aforesaid, and the colony of Connecticut by an act of their legislature, made and passed a short time before the revolution, have encouraged the said violent settlement and intrusion, and asserted their claim as a colony 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 Pennsylvania, 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 Pennsylvania and of Connecticut before you, you will proceed agreeably to the tenor of the 9th 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. JAMES WILSON, JOS. REED, JONA. D. SARGEANT. November 20, 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 7th, King of England, to discover a north west passage to China, and in that service, in or about the year 1497, he discovered all the north east coast of America, from cape Florida, in 25 degrees north latitude, to 67 1.2 degrees, by which the crown of England became entitled thereto, so far as the right of first discovery could entitle. King James the first, in the 18th year of his reign, [A. D. 1620,] 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 40 degrees of northerly latitude from the equinoctial 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 per sons, 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 equinoctial 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 |