Memorialists on the part of the freeholders of the Counties of Northumberland and Northampton, and by the Connecticut Delegates in behalf of the claimants and intruders from that Colony, did condescend, with great patience and candour, to hear what was offered on each side, declaring, that as it was not the intention of the Congress to take upon them the decision of any matters touching the merits of the controversy, it would be sufficient for the parties to confine themselves to such points only as might enable the said Committee to answer the purposes of their appointment, namely, to ‘devise some way by which the recommendation and authority of Congress may be reasonably interposed for keeping the peace till a decision of this matter, agreeable to the aforesaid request of Assembly.’

“Wherefore, waiving the principal arguments touching the merits of the controversy, and particularly the settlement of the western bounds of Connecticut, under a royal commission in 1664, then solemnly assented to and accepted by themselves, and, since that, adjudged absolute and final in several instances, (as we doubt not it will in the present,) we say, waiving these points, your memorialists insisted on the following, viz:

“That, were it even possible for the Connecticut claim to derive the least support from the charter, they have prosecuted it in an unwarrantable and riotous manner, holding their present possessions only by forcible entry and unjust depredations upon the property of the good people of this Province.

“That, near fifty years ago, all that part of Delaware which they now claim, from forty-one degrees upwards, was settled by Pennsylvania as far as then purchased from the Indians; and the settlements still extended farther, as new purchases were made, without any claim made known or interruption offered on the part of Connecticut.

“That their claim is a novel thing, or at least was not heard of among Pennsylvanians till a little before the Indian treaty and Congress at Albany, in 1754, and was hardly considered by any body as a serious thing, till at that treaty it was made known that they were privately dealing with the Indians, by twos and threes at a time, at the house of one Lydius, for some lands on Susquehannah.

“That the deed (if any) signed by the Indians at that time, was not obtained, as usual, from their chiefs in publick council or treaty, but privately, and through the persuasion of the said Lydius; and also contrary to the laws of Connecticut itself, which prohibits all purchases from the Indians without leave of their General Court.

“That if the said pretended deed was not void on the foregoing account, it is absolutely so for the following reasons:

“First. Because, at a solemn treaty held between the Governour of Pennsylvania and the Indians, October the 25th, 1736, in a deed for the lands from the mouth of Susquehannah up to the mountains, the Indians made a further covenant and declaration of trust, in the words following: ‘That neither they, nor any in authority in their nations, would at any time bargain, sell, grant, or by any means make over to any person or persons whatsoever, whether white men or Indians, other than the proprietors of Pennsylvania, children of William Penn, or to persons by them authorized and appointed to agree for and receive the same, any lands within the limits of Pennsylvania, as it is bounded northward by New-York; but when we are willing to dispose of any further rights to lands within the said limits of Pennsylvania, we will dispose of them to the said William Penn’s children, and no other.’ And the consideration mentioned by the Indians, as inducing them to make this deed and declaration, was the upright conduct of William Penn, who, although he had, in the year 1696, purchased the Susquehannah lands, within the northern part of his charter, from Governour Dungan, who had purchased them for him (the said William Penn) in 1683, yet was willing to pay the Indians over again, as he had occasion to settle them.

“That on the 6th day of July, 1754, in a publick council at Albany, Colonel Johnson and the Commissioners or Delegates of all the neighbouring Provinces being present, the Indians gave a deed to the proprietors of Pennsylvania for another parcel of the Susquehannah lands, from the Mountains nearly up to the Forks, including also a great part of the lands on Delaware, now claimed by Connecticut, but declared they would not yet sell the Shamokin and Wyoming lands, but reserve them for their hunting grounds; and appointed John Shickalamy, a noted chief, to live on them, and prevent any settlements of white people.

“But it being then suggested to the Indians that some private persons were endeavouring to obtain, deeds from some of their people for part of these lands, and the aforesaid deed of 1763 being shown to them, by which they declare that they held the said lands in trust, to be disposed of only to the children of William Penn, they did accordingly (the 9th day of July, 1754) sign and execute an endorsement on the back of the deed of 1736, ‘for themselves, their children, and children’s children, confirming, ratifying, and holding good the same, covenanting, promising, and engaging, to and with Thomas and Richard Penn, Esquires, that neither they nor any under their authority should sell, grant, or convey to any other than the said Thomas Penn and Richard Penn, their heirs and assigns, any lands within the limits of their Province,’ &c.

“That on the 9th day of the said month of July, 1754, the Commissioners of the Colonies met in Congress, drew up a state to be laid before His Majesty, and, as if foreseeing the evil consequences that would ensue from private purchases of lands from the Indians, and the exorbitant and unwieldly claims of some Northern Colonies, under their charters, agreed to the following articles, viz:

“‘First. That all future purchases of lands from the Indians be void, unless made by the Government where such lands lie, and from the Indians in a body, in their publick councils.

“‘Second. That the bounds of those Colonies which extend to the South Sea be contracted and limited by the Alleghany or Appalachian Mountains, and measures be taken for settling, from time to time, Colonies of His Majesty’s Protestant subjects westward of said mountains, in proper cantons.’

“That the pretended Indian deed, to some persons in Connecticut, being posterior to all this, and dated July 11, 1754, must, in every sense and view, be fraudulent and void. It must be void, because the Indians could not convey that on July 11, to any other persons; which they had twice before declared they held in trust, to be conveyed only to the proprietaries of Pennsylvania. It is fraudulent, not only as being obtained privately, contrary to a resolution of the Colonies in Congress, made two days before, with the assent of Commissioners from Connecticut itself, but also as extending beyond the mountains, which they had agreed should limit all Colonies claiming to the South Sea.

“That the Connecticut claimants, no doubt, conscious of the weight of these reasons, did not pretend to make any settlement under their own charter, or the said pretended Indian purchase, but thought proper to petition His Majesty ‘that it might be his royal pleasure not to extend the old Colony, but to grant them the said lands to erect and settle thereon a new Colony, in such form and under such regulations as might be consistent with his royal wisdom.’

“That failing in this application, (as it might be justly expected His Majesty would not grant those lands a second time, which were before granted to William Penn,) they recurred to their pretended Indian purchase, and set up their charter claim, but never durst settle any of the lands in their own right, till they were first purchased by the proprietaries of Pennsylvania, in November, 1768, at which time the Indians, in publick council, solemnly denied ever having made any sale of the lands in question to the people of Connecticut, as the Six Nations had before disclaimed the same, by the Sachem Hendrick and other chiefs sent to Philadelphia for that purpose in January, 1755.

“That the Connecticut claimants were not only thus prevented by the Indians from settling under their own pretended purchase, and obliged to wait till they could come in under the purchase of Pennsylvania, but even now dare not settle one foot of their said purchase, which reaches over or beyond the Pennsylvania purchase; and that, upon the whole, they had intruded themselves into this Province without any shadow of right, and hold their present possessions by forcible entry and invasions of the property of persons holding under this Province. In proof of which, your memorialists produced numbers of affidavits and other vouchers, setting forth their first intrusion and attempt to dispossess Mr. Ogden and other settlers of Wyoming, in