secret understanding and collusion, a legal form of transfer (something in the form of a common recovery) of the claim of Connecticut to Pennsylvania, within the limits of the Pennsylvania Charter, with the confidential understanding that Connecticut was to receive an equivalent, or indemnity, in the Western Reserve. As we proceed, facts that arise, bearing on that point, will be particularly noticed.

From the commencement of the war for Independence the Susquehanna Company had pretermitted their meetings, no one being found recorded from May 1774 to Nov. 13th, 1782, when, preparatory to the trial at Trenton, the Company were convened at Hartford, and appointed Messrs. Dyer, Root, and Johnson (who had been selected by the state to appear as counsel before the court), to act also as their agents, and those of the settlers. Surprised at the unlooked for decision, the Company seem darkly to have surmised that there was something behind the curtain not avowed, nor perfectly understood, and at a meeting holden at Hartford, May 21st, 1783, they appointed "Col. Talcott, Gen. Parsons, and Samuel Gray, a committee to lay a memorial before the General Assembly, in behalf of the Susquehanna Company, that the Assembly would desire Dr. Johnson and Col. Root, agents of this state, to give said Assembly an account of the trial of the cause between this state and the state of Pennsylvania, at the court holden at Trenton." It will be observed that of Col. Dyer, the other agent, no explanation is requested, as probably of him no suspicion existed. It is not known that the Assembly took any order on the petition.

The condition of the settlers was embarrassing and gloomy in the extreme. By a Resolution of Congress the Commander in Chief had been authorized, previous to the trial, to withdraw the garrison from Wyoming, Connecticut concurring. Their place was supplied, of course, by troops from Pennsylvania. A comparative handful remained, the broken remnants of the war; a great portion of those who had been expelled after the massacre, remaining in exile, especially the young men growing up to manhood, the natural hope and stay of the settlement, who being left orphans, had been bound out to mechanics and farmers, and whose time of apprenticeship had not yet expired. Thus situated they were advised to cast themselves at the feet of the Pennsylvania Government, and solicit protection, pardon and mercy. A petition was drawn up, in many points eloquent and touchingly pathetic, and signed by John Paul Schotts, Esq., with a number of the inhabitants, and presented to the Assembly, January 18th, 1783. Being but eighteen days after the

Trenton decree, the process of its drawing up, circulation, signature, transmission to the city, and presentation, exhibit a celerity that bears any impress rather than that of cool deliberation. The style is markedly peculiar. We pronounce with great confidence, from internal evidence, that it could not have been written in Wyoming. It exhibits in no particular the peculiar characteristics of the style, either of Franklin or Jenkins, the ready writers of the settlers. From all which we infer, that the petition was prepared below the mountains, probably by the Connecticut agents at Trenton, with the concurrence of those of Pennsylvania; its signature and presentation being hurried on without giving time to the inhabitants to recover from the shock produced by that highly politic, but nevertheless extraordinary decision.

In such a variety of aspects does the petition appear to warrant especial attention, that we publish it here entire, in preference to throwing it into the Appendix.

"To the Honorable the Representatives of the freemen of the Commonwealth of Pennsylvania, in General Assembly met.

"The memorial and address of Nathan Denison, Hugh Forseman, Obadiah Gore, Samuel Shephard and John Paul Schott, inhabitants, settlers, and proprietors of a territory of country situated on the waters of the Susquehanna river, under the claim of the State of Connecticut, on behalf of themselves and others of the inhabitants, settlers, etc., of the said country,"

"Most respectfully sheweth, That in the year 1754, a number of the inhabitants of Connecticut, finding all the lands eastward of the line of the State of New York settled and appropriated, proceeded to purchase of the Six Nations a large territory of country, extending from Delaware, westward, about one hundred and sixty miles, and in breadth, the whole forty-[second] degree of north latitude, and gave a valuable consideration, supposing, that without dispute, the aforesaid territory was included in the charter granted them by King Charles the Second, April 3d, 1662, and formed themselves into a company of proprietors, by the consent of the Legislature, and regulated by the laws of said State, and proceeded to locate the valuable lands situated on the eastern branch of the Susquehanna river, the full breadth of the forty-[second] degree, extending six miles east, and twenty miles west of said river. Having no apprehension that any royal grant covered the same, either previous or subsequent to the aforesaid Charter of Connecticut, they proceeded to plant

themselves through said territory, and [cultivate] the same, among which number of settlers are your petitioners, and those whom they represent, in full confidence of the justice of our title, under Connec. ticut, with the most honest intentions, we uniformly maintained our supposed right, by opposing persons claiming under the Pennsyl vania Proprietary, who frequently interrupted us in what we esteemed our lawful business. Constantly wishing for an absolute decision between the two States, concerning jurisdiction, we used every effort to expedite such decision, resolutely determined to maintain the title which we had acquired, until a more equitable one could be established. In the year 1763, and a number of successive years, appeals were made to the Crown, by one and the other State, for a final decision, which were yet depending when the commencement of the present war put a period to all appeals to the Crown. In the course of which appeals, the opinion of the Counsel, most eminent and learned in the law, was taken, who advised (as we apprehended,) fully in the favour of the claim of Connecticut. This greatly encouraged your Memorialists that they were right in supporting their claim.

"In 1774, the Legislature of the State of Connecticut asserted their claim, erected civil jurisdiction, and complete civil and military establishments according to the laws and usages of said State, which led your Memorialists into a greater confidence of their security under said State, and induced them to build houses and mills for their convenience, and to cultivate a country which we esteemed our own. Since that time, attempts have been made to dispossess us in a hostile manner, which the law of self preservation obliged us to oppose, in the course of which there were faults on both sides, which we hope may be cancelled and buried in oblivion.

"The right of jurisdiction was always esteemed important to the claiming State, and more especially to the settlers and tenants, who have ventured their all there, and who were combatting difficulties and dangers in every shape.

"After recourse to Great Britain was cut off, it was provided, that in all disputes concerning boundaries, jurisdiction, etc., the United States, in Congress, shall be the last resort and appeal. That judges be appointed to hear and determine the matter in question; and that the sentence of the Court be decisive between the parties. And also all controversies, the private right of soil being claimed under different grants of two or more States, etc.; said grants, etc., shall, on the petition of either party to the Congress of the United

States, be finally determined, as near as may be, pursuant to this provision. The Honorable Congress established a Court; both States were cited, and appeared; the cause was heard for more than forty days; the grounds stated on which each State asserted their right of jurisdiction. On which, the Court finally adjudged in favour of the State of Pennsylvania, by which the jurisdiction of the disputed territory, on which your Memorialists live, is adjudged yours. By this adjudication, we are under your jurisdiction and protection. We are subjects and free citizens of the State of Pennsylvania, and have to look up to your Honours as our fathers, guardians and protectors, entitled to every tender regard and respect, as to justice, equity, liberty and protection, on which we depend, and which we are warranted to do by the impartial treatment that all, even strangers have received, when once they became inhabitants and citizens of this great and flourishing State.

"Thus have we stated the grounds on which our title was established; which, though determined to be ill grounded by the honorable Court, appeared to be founded in the highest reason, we verily thought it our duty to do as we did. If we have committed faults, we pray for mercy and forgiveness. If we have deserved any thing, we hope something from the gratitude of our country. We have settled a country (in its original state,) but of little value, but now cultivated by your Memorialists, is to them of the greatest importance, being their all. We are yet alive, but the richest blood of our neighbours and friends, children, husbands and fathers, has been spilt in the general cause of their country, and we have suffered every danger this side death. We supplied the continental army with many valuable officers and soldiers, and left ourselves weak and unguarded against the attack of the Savages, and others of a more savage nature. Our houses are desolate-many mothers childlesswidows and orphans multiplied-our habitations destroyed, and many families reduced to beggary, which exhibits a scene most pitiful and deserving of mercy. If the greatest misfortunes can demand pity and mercy, we greatly deserve them. That the country twentysix miles in breadth, the length aforesaid, when compared with the extended territory of the State of Pennsylvania, is trifling indeed. That the present population is of far more consequence to this State than it could have been in an uncultivated state. We are yet entitled to another trial for our particular possessions, according to the ninth article of the Confederation, but reduced in every respect, we are unable to maintain a trial against an opulent State. We there

fore present a request, which the laws of justice and policy suggest, and which the dictates of humanity demand.

"That your Honours of your abundant goodness and clemency, would be pleased to grant and confirm to your Memorialists, and those whom they represent, the inconsiderable part of the claim contested, extended as above, to be appurted [held?] as they were before the decision. Thus will you increase the inhabitants of this flourishing State, will add to its wealth and strength, will give joy to the widow and fatherless. Sure these must be irresistible motives to a just, generous and merciful Assembly. Our only resource is in your decision:-If that is unfavorable, we are reduced to desperation; unable to purchase the soil, we must leave our cultivations and possessions, and be thrown into the wide world, our children crying for bread, which we shall be unable to give them.

"It is impossible that the magnanimity of a powerful and opulent State will ever condescend to distress an innocent and brave people, that have unsuccessfully struggled against the ills of fortune. We care not under what State we live, if we can be protected and happy. We will serve you-we will promote your interests-will fight your battles; but in mercy, goodness, wisdom, justice, and every great and generous principle, do leave us our possessions, the dearest pledge of our brothers, children, and fathers, which their hands have cultivated, and their blood, spilt in the cause of their country, has

enriched.

"We further pray, that a general act of oblivion and indemnity may be passed, and that Courts of Judicature be established according to the usages and customs of this State; that we be, not only a happy but a well organized and regulated people, and that all judicial proceedings of the prerogative courts, and the common law courts, held by, and under the authority of the State of Connecticut, be ratified and fully confirmed.

"And they, as in duty bound, will ever pray.

"Philadelphia, Jan'y 18th, 1783."

"JOHN PAUL SCHOTT.

Observation will be attracted, in the outset, by the full and accurate knowledge of the Connecticut title exhibited, dates as of King Charles the Second's Charter, granted "3d April, 1662," being so minutely correct. Moreover, the boundaries set forth being specifically accurate. Whether this does not indicate the pen of a lawyer, whose mind was imbued with the recent examination of the whole