Franklin was inclined to obey these instructions; but Jay, supported by Adams, boldly insisted on disregarding them; and accordingly a separate treaty was negotiated with England.

In settling the claims to the western territory, much stress was laid on the old colonial charters; but underneath all the verbiage it was practically admitted that these charters conferred merely inchoate rights, which became complete only after conquest and settlement.

The States themselves had already by their actions shown that they admitted this to be the case.

Thus North Carolina, when by the creation of Washington County--now the State of Tennessee--she rounded out her boundaries, specified them as running to the Mississippi.

As a matter of fact the royal grant, under which alone she could claim the land in question, extended to the Pacific; and the only difference between her rights to the regions east and west of the river was that her people were settling in one, and could not settle in the other.