without any change in the relations which the province of the Duke of York now sustained to England, and into which our territory, with the sanction of his Majesty Charles the Second, had been duly incorporated immediately after its conquest, by his royal highness the duke under his letters patent, which did not include it, and by which he thus constituted his whole territory one province and one provincial government under them, making New York the central seat of it, and the official residence of his lieutenantgovernor for the time being. But war again occurred between the two countries in 1672, during which the Netherlands temporarily recovered the possession of the whole region, ours as well as the residue of it, and re-established their government over it; on the conclusion of it, however, in 1674, by the terms of the treaty it was restored to England, and which had the effect at last to confirm the title of that country to it by the peaceful and solemn compact of the two countries; and inasmuch as the intervening recapture of it flagrante bello was supposed to have had the effect in law to abrogate and annul the estate and powers granted and delegated immediately from the king to the Duke of York in the province, it was deemed advisable to revive and confirm the grant by a renewal of the letters patent after the close of the war and the ratification of the treaty of peace restoring it to the Crown of Great Britain, and which was accordingly done on the 29th day of June, 1674.

On the 14th day of June, 1680, William Penn presented to his Majesty Charles the Second, with whom he was personally well acquainted, as he was also with his brother,

the Duke of York, a petition to grant to him in lieu of a claim on the British government, which he had inherited from his father (late an admiral in the British navy), for money advanced and services rendered, to the amount of sixteen thousand pounds, a tract of country in America, lying north of Maryland, bounded on the east by the Delaware River, on the west limited as Maryland, and to extend northward as far as plantable. There then existed in the privy council of the king a body of councillors of the Crown well known to the laws and constitution of the realm, a duly constituted committee, named in polite and strictly technical terms The Lords of the Committee of His Majesty's most honorable Privy Council for the Affairs of Trade and Plantation, of which Lord Chief Justice North of the Court of King's Bench was ex officio a member, among many other eminent noblemen and gentlemen. This committee had, among other powers conferred upon it, special cognizance of disputes in relation to plantations and colonial and provincial boundaries arising in the distant colonial possessions of the Crown, and beyond the jurisdiction of the courts of law of the kingdom, notwithstanding they might involve questions of right and title to extensive possessions in such distant colonies; and whenever a question arose between two provinces of America, or elsewhere in their remote possessions, concerning the extent of their charters, mutual limits, or matters of that kind, the jurisdiction of the committee was original. It had, however, no power to enter judgment or decree as a court of law or equity, or to enforce its decision against either party, for its province simply was to investigate such cases and to advise

the king of their conclusions in regard to them. To that committee, by the direction of the king, Mr. Penn's petition. was promptly referred. I am here happy to have the opportunity to acknowledge the obligation we owe to the distinguished commissioners appointed a few sessions since on behalf of this State to consider, in conjunction with a like body of commissioners appointed on behalf of the State of New Jersey, what was then known as the fishery question between the two States, and to report to the Legislature thereon, for the thorough and patient research and investigation made by them in the matter, and which brought to our knowledge, for the first time in the history of the questions we now have under consideration, the full and interesting details of the proceedings before that distinguished committee of the privy council on the petition so referred to it. I shall repeat the substance of them only.

On the 14th of June, 1680, the Committee in session in the council chamber, the petition of William Penn was read, praying in consideration of debts due to him, or his father, from the Crown, to grant him letters patent for a tract of land in America, north of Maryland, bounded on the east by the Delaware River, on the west limited as Maryland, and northward to extend as far as plantable: whereupon Mr. Penn was called in, and having been asked what extent he would be contented with northerly, declared he would be satisfied with three degrees to the northward, and was willing, in lieu of such a grant, to remit his debt due to him from His Majesty, or some part of it, and to stay for the remainder until His Majesty should be in a better condition to satisfy it. And after consideration of the whole

matter it was ordered that copies of his petition be sent to Sir John Werden on behalf of His Royal Highness (the counsel and representative of the Duke of York), and to the agents of Lord Baltimore, to the end that they might report to the Committee how far the pretensions of Mr. Penn might consist with the boundaries of Maryland, or the Duke's property of New York, and his possessions in those parts. Whitehall, June 25, 1680. Committee again in session. The petition of Mr. Penn was again read concerning a tract of land to be granted to him in America, together with a letter from Sir John Werden, and another from Lord Baltimore's agents touching the same. And Mr. Penn having been afterwards called in, was told that it appearing by Sir John Werden's letter that part of the territory desired by him was already possessed by the Duke of York, he should apply himself to His Royal Highness for adjusting their respective pretensions; and Mr. Penn being also acquainted with the matter of the letter from Lord Baltimore's agents, he does agree that Susquehanna Fort shall be the bounds of Lord Baltimore's province; and as to the furnishing of arms and ammunition to the Indians, Mr. Penn declares himself ready to submit to any restraint their Lordships shall propose. Whitehall, Nov. 4, 1680. Committee again in session. The petition of Mr. Penn was read, desiring that a day might be appointed for preparing a grant unto him of proprietary in a tract of land in America upon Delaware River: and their Lordships appoint this business for Thursday next. Whitehall, Thursday, Nov. 11, 1680. Committee again in session. Mr. Attorney-General presents the Committee with his

observations on the draft of Mr. Penn's patent. Whitehall, Dec. 16, 1680. Committee again in session. Mr. Penn is called in concerning the patent desired by him, and upon reading the letters from Sir John Werden touching the boundaries wherein His Royal Highness may be concerned, their Lordships think it best for the settlement thereof that Sir John Werden be desired to attend on Saturday next in the afternoon, at which time the agent of Lord Baltimore is likewise ordered to give his attendance as to what concerns his Lordship's property of Maryland. Whitehall, Saturday, Jan. 15, 1681. Committee again in session. The boundaries of Mr. Penn's patent, settled by Lord Chief Justice North with the alterations of Sir John Werden, were read and approved, and their Lordships appoint Wednesday next, at nine in the morning, to review the whole patent. Whitehall, Saturday, Jan. 22, 1681. Committee again in session. Upon reading the draft of a patent for Mr. Penn concerning his absolute proprietary of a tract of land in America, northerly of Maryland, the Lords of the Committee desire my Lord Chief Justice North to take said patent into his consideration, and to provide by fit clauses therein that all acts of sovereignty as to peace and war be reserved to the King; and that all acts of Parliament concerning trade and navigation and His Majesty's customs be duly observed; and in general that the patent be so drawn that it may consist with the King's interest and service, and give sufficient encouragement to planters to settle under it. A paper being also read, wherein my Lord Bishop of London desires that Mr. Penn be obliged by his patent to admit.