/ STATE OF NEW YORK REPORT REGENTS OF THE UNIVERSITY BOUNDARIES NEW YORK. 1896 , J Transmitted to the Legislature May 28th, 1878. ALBANY: THE ARGUS COMPANY, PRINTERS. 1874. REPORT. To the Honorable the Legislature of the State of New York : The Regents of the University respectfully report : That in pursuance of a resolution of the Senate, adopted April 19th, 1867, a copy of which will be found on the third page of the documentary records appended hereto, they have made some progress in an examination as to the condition of the monu- ments which mark the boundaries of the State. In their annual report made February 13, 1871, they submitted, in an abstract of their minutes, the action of a Committee of their Board, in conjunction with the Surveyor-General of the State of Penn- sylvania, under the authority of laws enacted by both States, in renewing and replacing, with appropriate ceremonies, the initial boundary monument on the shore of Lake Erie. A copy of the proceedings had at that time is herewith communicated. In further pursuance of the duty assigned by the afore- said resolution, the Regents, on the 30th of September, 1869, transmitted to the several Boards of Supervisors of the southern tier of counties of this State, a circular inquiring as to the condition of the monuments on the lines between that part of the State line and Pennsylvania. Copies of this circular and of answers received from the Supervisors of Chautauqua, Steuben and Orange counties, are herewith vi Report. transmitted. Special credit is due to the Supervisors of Chautauqua county for their cordial and efficient co-opera- tion in this matter, and for the complete survey of the line on each of the two sides of that county bordering on Pennsylvania, — an extent of over fifty -four miles. In view of the fact that, with the above exceptions, no local co-opera- tion of the kind sought -was secured, the Regents believed that more full information as to the history of the boundaries was needed, both to awaken public interest in the subject, and to guide those who should undertake the re-survey of the lines. It was therefore deemed important to attend, in the first place, to the duty specified in the latter part of the Senate resolution, of procuring and putting in form such historical facts in regard to the boundaries of the State as might be of interest and value. With this object, as well as to direct the then prospective arrangements for replacing the initial monument on Lake Erie, the Regents, on the 3d of Sep- tember, 1867, appointed a select committee consisting of the Chancellor, Mr. Perkins and Mr. Johnson, to carry out the purposes of the resolution. In prosecuting the historical part of the undertaking, the committee have caused a careful examination to be made, under the immediate direction and oversight of the Chancellor, of all records relating to the territorial extent and boundaries, so far as these have been from time to time ascertained or changed, of the original province of New Netherland, and of the province and State of New York, especially with a view to show the successive steps by which large portions of the domain specifically granted in 1664, by Charles the Second to the Duke of York, and of that subsequently claimed and recognized, on other grounds, as of right belonging to New Report. vii York, were from time to time transferred to the sovereignty and jurisdiction of other States, until New York finally became reduced in territorial extent to its present limits. In addition to this branch of the investigation, the results of which are now given, the plan of the work includes a full record of proceedings connected with the final determination, running and marking of each boundary line of the State ; and also, a statement of the present condition of the mile-stones and boundary monuments, indicating what may be needed to preserve or renew them. Owing to the large amount of time and labor required to make a satisfactory investigation in a field so broad and hitherto so little explored, and to the many other duties of the officers of the Board, the second and third parts of the undertaking have not been com- pleted ; but the Regents beg to assure the Legislature that the remainder of the work will be prosecuted with all rea- sonable dispatch. Meanwhile, it has been deemed proper to communicate the material thus far collated, in the form of verbatim copies of original records, with occasional notes and statements needed to render these records a sufficient narrative for the present purpose. The Regents deem it proper to state, that with the exception of an appropriation of two hundred dollars to defray part of the cost of erecting the monument on the shore of Lake Erie, they have thus far carried on these proceedings without special expense to the State. The}' beg leave respectfully to suggest, that whenever these investigations show the need of further action in regard to the condition of boundary monuments and to preserve or renew them, the superintend- ence of the necessary field work may, with obvious pro- priety, be confided to the State Engineer and Surveyor. viii Report. In view of the imperfect description of the western bound- ary line of the State, given in the Revised Statutes, further notice of which will be found on pages 2, 234, 270, 287 and 288 of the documents appended to this report, a proposed amendment of said Statutes has been submittted to the Com- missioners engaged in preparing a new revision. In closing this report, the Regents deem it proper to speak of the unwearied zeal and industry of the Assistant Secretary of the Board (Mr. D. J. Pratt), to whom has been committed the duty of gathering and collating the records bearing on this subject. The appended list of authorities consulted, shows the extent of the work. It has not been confined to hours of office labour, but has engrossed much time to which official duty could not lay claim. All which is respectfully submitted. JOHN V. L. PRUYN, Chancellor of the University. S. B. Wool worth, Secretary. Albany, May 28, 1873. AUTHORITIES CITED. / lbany Gazette, 1790. Allen's American Biographical Dictionary. American Almanac, 1832. American Philosophical Society Transactions (1st series), iv. American Railway Review, 1860. American State Papers, Public Lands (Duff Green), i. Bancroft's United States History, iii, ix. Barton's Memoirs of Rittenhouse. Bouchette's British Dominions in North America. Brodhead's History of New York, ii. Cavendish's Debates on the Quebec Bill. Clinton Papers (MS., in N. Y. State Library), Nos. 5446, 5790, 5841, 5856, 5924, 6044. Connecticut Laws (MS., in Office of Secretary of State of Conn.). Correspondence, MS., of A. C. Barney, West Union, Steuben County. William A. Bird, Buffalo. John Burt, Goshen, Orange County. J. V. H. Clark, Manlius. Andrew E. Douglass, New Haven, Conn. Mrs. Professor D. B. Douglass, Batavia. Rev. Malcolm Douglass, Windsor, Vt. Andrew Ellicott. Elial T. Foote, New Haven. Isaiah Golding, Marvin, Chautauqua County. George W. Holley, Niagara Falls. Professor Albert Hopkins, Williamstown, Mass. E. H. Jenner, Jamestown, Chautauqua County. Joseph C. G. Kennedy, Washington. John G. Lozier, Troupsburgh, Steuben County. John A. McAllister, Philadelphia. Orsamus II. Marshall, Buffalo. George H. Moore, N. Y. Historical Society. Wm. Moore, Lindley, Steuben County. Pennsylvania Surveyor General's Office, (Robert A. McCoy, Chief Clerk.) Oliver Phelps, Canandaigua. John Reynolds, Meadville, Pa. Charles B. Stuart, Geneva. X AUTHORITIES ClTED. Correspondence, MS. , of U. S. Secretary of the Interior (James Harlan). U. S. Secretary of State (Win. H. Seward). U. S. Second Assistant Secretary of State (W. Hunter). U. S. Assistant Secretary of the Treasury (J. F. Hartley). J. S. Warner, Woodhull, Steuben County. C. S. Woodward, Mt. Hope, Orange County. Curtis' History of the United States Constitution, i. Denton's Brief Description of New York, 1G70. Douglass' History of North America, i, ii. Dudley Observatoiy Annals, i. Gallatin's Memoir of the North Eastern Boundary of the United States. Georgia Laws (Prince's Digest), 1800. Grant to the Duke of York; Parchment Copy, in N. Y. State Library, and recorded copy in office of Secretary of State. Great Britain, Commons Journals, 1774. Great Britain, Statutes at Large, 1774. Hall's (Benj. H.) History of Eastern Vermont. Hall's (Hiland) History of Vermont, Hazard's American State Papers, i. Hildreth's United States History, iii. Hough's Gazetteer of the State of New York, 1872. Hough's Nantucket Papers. Hough's Pemaquid Papers. Lucas' Charters of Old English Colonies. Maine Historical Society Collections, iv, v. Maps, Portfolio, in office of N. Y. Secretary of State, Nos. 167, 202, 211. Massachusetts Perpetual Laws, 1784, 1785. Morgan's League of the Iroquois. New Jersey Laws (Learning and Spicer), 1664, 1674. New York Assembly Documents, 1866, 1867. New York Assembly Journals, 1780. New York Civil List, 1870. New York Council of Revision Minutes, (MS., in office of Secretary of State), i. New York Documentary History, i, iv. New York Colonial Documents, i, iii, iv, v, vi. New York Colonial MSS., xxii, xxiii, xxvii, xcii, c. New York Council minutes, MS., xxvi. New York Deeds, MS., in office of Secretary of State, i, viii. New York General Assembly Journals, 1770,1773, 1774, 1775. New York Historical Society Collections, 2d series, i, ii. New York Laws: Dongan's, MS; Van Schaack's; Jones and Varick's, i; Greenleaf's, ii; Revised, 1813; Revised Statutes, 1st and 5th ed. New York Legislative Council Journal, i. Authorities Cited. xi New York Legislative Papers (MS., in State Library) Nos. 126, 596, 598, 604, 1544. New York Patents, MS., in office of Secretary of State, i, iv. New York Provincial Congress and Committee of Safety Journal. New York Regents of the University: Annual Report, 1871. Minutes (printed), iii. New York Senate Journals, 1780, 1784, 1787. North Carolina Laws (Iredell), 1784, 1789. Pennsylvania Archives, iii, iv, ix, x, xi, xii. Pennsylvania Colonial Records, iii, viii, xi, xv, xvi. Pennsylvania Laws: Carey and Bioren's, iii; Dallas's, iii; Annual, 1867. Pennsylvania Legislative Documents, 1867. Pennsylvania Senate Journal, 1867. Schoolcraft's Notes on the Iroquois. Smith's History of New York, i. South Carolina Statutes at Large, 1787. Spark's Diplomatic Correspondence, vii, x. Spark's Life and Writings of Washington, viii, ix. Stone's Life of Red Jacket. Stuart's Biography of American Engineers. Sullivan's History of Maine. Thompson's History of Vermont. Thornton's Ancient Pemaquid, in Maine Hist. Soc. Coll'ns., v. Treaties (in N. Y. State Library, Pamphlet Collection), i. Unites States Executive Documents, 1842-3. United States House of Representatives Journal, 1789, 1790, 1800. United States Journals of Congress, 1777-1788. United States Laws Relative to Public Lands. United States Receipts and Expenditures, 1791. United States Secret Journals of Congress, i, ii. United States Secret Journals of Foreign Affairs, ii. United States Senate Journal, 1789. United States Statutes at Large, i, ii. Van der Donck's Description of New Netherland (in N. Y. Hist. Soc. Coll'ns.) Virginia Statutes at Large (Ilening's), x, xi. Williamson's History of Maine, i. Wraxall's Indian Records (MS., in N. Y. State Library). Yates and Moulton's History of New York. Many other works, of which no list has been kept, have been consulted without making extracts for this report. The double-leaded statements in the text, words in brackets, foot-notes marked " — [P." and those on pages 11, 13, and 19, not so marked, were inserted by the Assistant Secretary. Other foot-notes belong to the original text to which they refer. CONTENTS OF APPENDED COPIES OF ORIGINAL DOCUMENTS. Page. Preliminary Report of the Regents, made April 15, 1867, and Resolution of the Senate, adopted April 19, 1867 1, 3 Copies of original documents relating to the subject of territorial extent and boundaries, arranged in three parts, as follows: Part I. The original territorial extent of the provinces of New Nether- land and New York, and the successive steps by which the State of New York was reduced to its present limits 5 Some of the subjects included in this part are: Revised Statutes, as to Boundaries 2, 230, 270, 287, 288 Grant to the Duke of York 10, 21 Release of New Jersey 23 Connecticut Boundary Line 24, 58, 72 First Organization of Counties 28 Pemaquid — Cornwall County 31 Nantucket, etc. — Dukes County 48 Prudence Island 49 Newcastle, Kent and Sussex 50 Fisher's Island 51 Massachusetts Boundary Line 52, 74, 209 The Five Nations 65, 100, 109 New Hampshire Claim, etc 77, 82, 224 Northern Boundary Line 81, 87, 114 Vermont Line, etc 83, 224 Edmund Burke's Agency 89 Western Boundary Line 121, 283, 335 Philip Schuyler's Important Letter to the New York Legislature. . 137 Cession of Western Territory by New York and other States, 149, 157 163, 179, 183, 191, 193, 196, 200 Present Boundaries of the State of New York 230 Part II. Field work and other matters relating to the determination of the several boundary lines and to the erection of monuments thereon, 241 Pennsylvania Boundary Line 241 Western Boundary Line 283 [This part is to be completed hereafter.] xiv Contents. Page. Pakt III. The present condition and true location of the boundary monuments, so far as has been ascertained, and what is needed to pre- serve or renew them 335 Pennsylvania Line 335 New Jersey Line 343 Massachusetts Line 349 [This part is to be completed hereafter.] APPENDED COPIES OF ORIGINAL DOCUMENTS. PRELIMINARY REPORT. University of the State of New York, ) Office of the Regents, > Albany, April 15, 1867. ) To the Honorable the Legislature of the State of New York: The Regents of the University respectfully represent that, on the 10th day of April, 1866, they submitted to the Legisla- ture a report on the longitude of the western boundary line of the State (Assembly document, No. 191), in which it was mentioned that an historical sketch of that boundary line was in course of preparation, and was intended to be furnished as an appendix to the report. In the progress of their investiga- tions, the Regents have ascertained facts of marked historical interest in regard to the subject, many of which seem to have been almost entirely overlooked. No authentic record of this boundary has thus far been found in the office of the Secre- tary of State, and it is feared, after a long and diligent search in public offices and elsewhere, in almost every direction, that the report of the survey is now irrecoverably lost. .With the exception of this document, the Regents are now in possession, as they believe, of all, or nearly all, the important material for completing their design in regard to the boundary referred to. While engaged in this investigation, the Regents have also been led to examine, to some extent, the history of the south- ern boundary, so far as it coincides with the forty-second par- allel of latitude, /. e., westward from the Delaware river; and they find that the archives of the State afford only scattered and imperfect memorials of the circumstances attending the 2 Copies of Documents Relating to the establishment of this boundary. While it is believed that the other boundary lines of the State have been the subject of con- siderable attention and investigation, there seems to be no good reason why the facts in regard to the southern boundary should not be collated and preserved. Many of these facts have been condensed into the formal description of the bounda- ries of the State contained in the Revised Statutes; yet the patience and learning of the revisers have not sufficed to prevent the insertion, as it is confidently believed, of at least three his- torical errors in the description of a single monument at the intersection of the southern and western boundaries ; while, in regard to the western boundary, there is no distinct and correct statement as to when, by whom and under what authority it was established. When it is considered that the State of New York, through her agency in establishing this boundary, gener- ously relinquished, for the national good, a large portion of her territory, and that this was the pioneer act which led to the final ratification of the Articles of Confederation of 1777, and to the adoption of the policy of the general government in relation to the public domain, it is not a little surprising that there is no satisfactory historical account extant of these important events, in which the wisdom and patriotism of the State were so largely displayed. The Regents, therefore, respectfully suggest the propriety of authorizing them to report to the Legislature, at a future day, such information concerning the several boundaries of the State as they may be able to procure from the State archives and otherwise, with the view of stimulating and guiding- investigation, and of placing in a condensed and permanent form, as far as may be, these interesting records of our early history. The Regents beg to inform the Legislature that, in pursu- ance of the authority conferred by a joint resolution of the Senate and Assembly, passed April 16, 1866 (Session Laws of 1866, page 2137), they have opened a correspondence with the Governor of Pennsylvania in regard to the subject of replacing and renewing the monument on the shore of Lake Erie, before Boundaries of the State of New York. 3 referred to, and it is hoped that the Legislature of the State will authorize the requisite concurrent action for this purpose. During the past year, the Regents have taken some pains to ascertain, by correspondence, the condition of the monument originally erected at the intersection of the southern and west- ern boundaries of the State, and they are informed that the site of this monument is at or near the center of a highway, with no visible mark to denote its position. It is quite pro- bable that many of the milestones and other landmarks origi- nally placed upon the boundaries of the State are becoming obliterated, and the Regents^ therefore, suggest the propriety of such an appropriation by the Legislature as may enable them to ascertain the facts in relation to such monuments, and to meet the necessary expenses of collecting such historic material as may be needed for the preparation of an account of the several boundaries of the State, as before suggested. All of which is respectfully submitted. By order of the Regents. JOHN Y. L. PRUYK, Chancellor of the University. S. B. WOOLWORTH, Secretary. In Senate, April 19, 1867. Resolved, That in view of the communication of the Regents of the University to the Legislature, dated April 15, 1867, the said Regents are hereby authorized to cause an examination to be instituted as to the condition and true location of the monu- ments which mark the several boundaries of the State, and to ascertain whether any and what action may be needed to pre- serve or renew them ; and also to procure and put in form such historical information in regard to the said boundaries as they may deem to be of interest, at an expense in the whole, not to exceed three thousand dollars, and to report their proceedings under this resolution to the Legislature. COPIES OF ORIGINAL DOCUMENTS RELATING TO THE SUBJECT OP Territorial Extent and Boundaries. PAET I. THE ORIGINAL TERRITORIAL EXTENT OP THE PROVINCES OF NEW NETHERLAND AND NEW YORK, AND THE SUCCES- SIVE STEPS BY WHICH THE STATE OF NEW YORK WAS REDUCED TO ITS PRESENT LIMITS. Resolution of the States General [of the United Netherlands] on the Report of the Discovery of New Netherland. * * * * Saturday, the 11th October, 1614. Appeared at the Assembly the Deputies from the United Company of Merchants who have discovered and found New Netherland, situate in America between New France and Virginia, the sea coasts whereof lie in the Latitude of forty to forty-live degrees. And who have rendered a Report of their said Discovery and finding, requesting, in consequence, the Grant promised by their High Mightinesses' published placard. Deliberation being had thereon, their High Mightinesses have granted and allowed, and hereby grant and allow, the Peti- tioners that they alone shall have the right to resort to, or cause to be frequented, the aforesaid newly discovered countries situate in America between New France and Virginia, the sea coasts whereof lie in the Latitude of from forty to forty- five degrees, now named New Netherland, as is to be seen by a Figurative Map hereunto annexed ; and that for four Voyages, 6 Copies of Documents Relating to the within the term of three years commencing the first January XYI C and fifteen next coming, or sooner, to the exclusion of all others. * * * — [N. Y. Col. Doc, i, 10 ; see also, " Grant of Exclusive Trade to New Netherlands of same date, Idem, i, 11. The Dutch West India Company was incorporated by the States General on the 3d day of June, 1621. The following provisions, among others, are included in the charter : * * That for the Term of four and Twenty years, none of the Natives or Inhabitants of these countries shall be permitted to sail to or from the said lands, or to traffic on the coast and countries of Africa from the Tropic of Cancer to the Cape of Good Hope, nor in the countries of America, or the West- Indies, beginning at the south end of Terra Nova, by the streights of Magellan, La Maire, or any other streights and passages situated thereabouts to the streights of Anion, as well on the north sea as the south sea, nor on any islands situated on the one side or the other, or between both ; nor in the western or southern countries reaching, lying, and between both the meridians, from the Cape of Good Hope, in the East, to the east end of New Guinea, in the West, inclusive, but in the Name of this United Company of these United Nether- lands. * * * * II. That, moreover, the aforesaid company may, in our name and authority, within the limits herein before prescribed, make contracts, engagements and alliances with the princes and natives of the countries comprehended therein, and also build any forts and fortifications there, to appoint and discharge Governors, people for war, and officers of justice, and other public officers, for the preservation of the places, keeping good order, police and justice, and in like manner for the promoting of trade ; and again, others in their place to put, as they from the situation of their affairs shall see fit. Moreover, they must advance the peopling of those fruitful and unsettled parts, and do all that the service of those countries, and the profit and increase of trade shall require : And the company shall Boundaries of the State of New York 7 successively communicate and transmit to us such contracts and alliances as they shall have made with the aforesaid princes and nations; and likewise the situation of the fortresses, fortifications and settlements by them taken., III. Saving, that they having chosen a governor in chief, and prepared instructions for him, they shall be approved, and a commission given by us : And that further, such governor in chief, as well as other deputy governors, com- manders, and officers, shall be held to take an oath of allegiance to us and also to the Company. * * * * — [Hazard's Amer. State Papers, i, 121-123. West India Company to the States General. May 5, 1632. * * * # The English themselves, according to their charter, place New England on the coast between the forty-first and forty- fifth degrees of latitude. But the English began in the year 1606, to resort to Virginia, which is South of our territory of New Netherland, and fix the boundaries, according to their charter, from the thirty-seventh to the thirty-ninth degree. So that our boundaries, according to their own shewing, should be from the thirty-ninth degree inclusive, to the forty- first degree, within which bounds we are not aware that they ever undertook any plantation. What boundaries your High Mightinesses have granted to your subjects, can be seen by the charter issued in the year 1615. » * * * * — \_N. Y. Col. Doc. i, 51-2. Cost of New Netherland, now New York. The Dutch West-India Company failed in 1631, and from a state of their accounts drawn up in 1635 (part of which 'This seems. to be the "charter" of Oct. 11, 1614, which took effect Jan. 1, 1G15.— [P. 8 Copies of Documents Relating to the was in possession of Mr. Henry Kip, late of New York, deceased, and from which this extract was made) it appears, that Guilders. Stuyvers. Fort Amsterdam, in New Netherland, cost the Company 4 171 10 And that New Netherland (the Province) cost 412 800 11 — [Hazard's Amer. State Papers, i, 397. Remonstrance of New Netherland. July 28, 1649. * # * # * In the year of Christ 1609, was the Country, of which we now propose to speak, first found and discovered at the expense of the General East India Company — though directing their aim and design elsewhere — by the ship de Halve Mane, whereof Henry Hudson was master and factor. It was after- wards named New Netherland by our people, and that very justly, for it was first discovered, and taken possession of, by Netherlander and at their expense. * * "We have heard the Indians also frequently say, that they knew of no other world or people previous to the arrival of the Netherlanders here. For these reasons, therefore, and on account of the similarity of Climate, Situation and fertility, this place is rightly called New Netherland. It is situate along the North Coast of America, in the latitude of 38, 39, 40, 41, 42 degrees, or thereabouts. It is bounded on the North East side by New England, on the South West by Virginia ; the coast trends mostly South "West and North East, and is washed by the Ocean ; on the North runs the river of Canada, a great way off in the interior; the North West side is partly still unknown. * * * — [N. Y. Col. Doc, i, 275. Of the Limits of New-Netherlands, and How Far the Same Extend. New-Netherlands is bounded by the ocean or great sea, which separates Europe from America, by New England and Boundaries of the State of New York. 9 the Fresh (Connecticut) river, in part by the river ot Canada, (the St. Lawrence,) and by Virginia. * * On the south tide, the country, is bounded by Virginia. Those boundaries are not yet well defined, but in the progress of the settlement of the country, the same will be determined without difficulty. On the north-east the New-Netherlands abut upon New- England, where there are differences on the subject of bound- aries which we wish were well settled. On the north, the river of Canada stretches a considerable distance, but to the north-west it is still undefined and unknown. Many of our Netherlander have been far into the country, more than seventy or eighty miles from the river and sea-shore. We also frequently trade with the Indians, who come more than ten and twenty days 1 journey from the interior, and who have been farther off to catch beavers, and they know of no limits to the country, and when spoken to on the subject, they deem such enquiries to be strange and singular. Therefore we may safely say, that we know not how deep, or how far we extend inland. There are however many signs, which indicate a great extent of country, such as the land winds, which domineer much, with severe cold, the multitudes of beavers, and land animals which are taken, and the great numbers of water-fowl, which fly to and fro, across the country in the spring and fall seasons. From these circumstances we judge that the land extends several hundred miles into the interior; therefore, the extent and greatness of this province are still unknown. — [ Van der Doners Description of New Netherlands, 1656 ; {see N. Y. Hist. Society Collections, 2d series, i, 138.) 10 Copies of Documents Relating to the Grant to the Ddke of York, 1664. [Copied from Original Parchment in N. Y. State Library. Interlined por- tions are indicated by parentheses. For copy of same as recorded in office of Secretary of State, see opposite page.] ' Ijatlcs tl)c Setonb By tl)e grace a %f / of God King of England Scotland ffrance and Ireland defender of the ffaith etc To All to whome these pre- sents shall come Greeting Know yee that wee for divers good Causes and Consideracons us thereunto moveing Have of our especiall grace certaine knowledge and meere mocon given and Graunted And by these presents for us our heires and Successors Doe oive and Graunt unto our dearest Brother James Duke of Yorke his heires and Assignes All that part of the Mayne land of New England begining att a certaine Place called or knowne by the name of S* Croix next adioyneing to New Scotland in America and from thence extending along the Sea Coast unto a certaine Place called Petuaquine or Pemaquid and (soe) upp the River thereof to the furthest head of the same as itt tendeth Northwards and extending from thence to the River of Kinebequi and soe upwards by the shortest course to the River Cannada Northward And alsoeall that Island or Islands comonly called by the severall name or names of Matowacks or Long Island scituate lyeing and being towards the west of Cape Codd and the Narro Higansetts abutting upon the Mayne land betweene the twoe Rivers there called or knowne by the severall names of Conectecutte and Hudsons River Together alsoe with the said River called Hudsons River and all the land from the west side of Connectecutte River to the East side of De la Ware Bay And alsoe all those severall Islands called or knowne by the names of Martin Vinyards and Nan- tukes otherwise Nantukett Together with all the lands Islands Soyles Rivers Harbours Mynes Mineralls Quarries Woods Marishes Waters Lakes ffishings hawking hunting and ffowle- ing and all other Royalties proffitts Comodities and heredita- f Continued on page 12.] Boundaries of the State of New York. H Gkant to the Duke of York, 1664. [Copied from Original Record in Office of N. Y. Secretary of State {Patents i, 139). Interlined words are indicated by parentheses. For copy of same from Original Parchment in N. Y. State Library, see opposite page.] /it^aulcs tl)e Second By the Grace %f \J of God King of England, Scotland, ffranee & Ireland, Defender of the ffaitli &c. To All to whom these p'nts shall come Greeting, Know yee, that wee for divers good Causes and consideracons Us thereunto moving, Haue of Our especiall Grace certain e knowledge and meere motion, given, and Granted, And by these presents for us Ourheires and Successo rs Do give and Grant unto Our Dearest Brother, James Duk e of York 6 , his heires and Assignes, All that part of the maine Land of New England, begining at a Certaine place called or knowne by the name of S l Croix next adjoyning to new Scotland in America, and from thence extending along the Sea Coast, unto a certaine place called Petuaquine, or Pemaquid, and so up the River thereof, to the furthest head of y e same as it tendeth Northwards, and extending from thence, to the River of Kinebequi, and so upwards by the Shortest Course to the River Canada Northward, And also all that Island or Islands commonly called by the Severall name or names of Matowacks or Long Island, Scituate lying and being towards the west of Cape Codd, and y e narrow Higansetts, Abutting upon the maine Land betweene the two Rivers there called or knowne by the (severall) names of Conecticutt and Hudsons River, together also w ,h the said River called Hudsons River and all the Land from the west side of Connecticutt, 1 to y e East side of Delaware Bay, And also all those severall Islands called or knowne by the names of Martins Vinyard & Nantukes, otherwise Nantukett, Together with all y e Lands, Islands, Soyles, Rivers, Harbours, Mines, Mineralls, Quarry es, Woods, Marshes, Waters, Lakes, ffishings, Hawking, Hunting, and ffowl- ing, and all other Royalltyes proffitts, Commodityes and heredita- [Con tinned on page 13.1 ■The word " River" is wanting here, in the original record from which this copy is made. 12 Copies of Documents Relating to the ments to the said severall Islands lands and premisses belonging and appertain eing with their and every of their appurtenncs And all our Estate right title interest benetitt advantage Clayme and demaund of in or (to) the said lands and premisses or any part or parcell thereof And the Revercon and Rever- cons Remaynder and Remaynders together with the yearely and other the Rents Revenues and proffitts of all and singuler the said premisses and of every part and parcel thereof To have and to hold All and singuler the said lands Islands hereditaments and premisses with their and every of their appurtenncs hereby given and Graunted (or herein before men- coned to bee given and granted) unto our said dearest Brother James Duke of Yorke his heires and Assignes for ever To the only proper use and behoofe of the said James Duke of Yorke his heires and Assignes for ever To bee holden of us our heires and Successors as of our Manor of East Greenwich in our County of Kent in ffree and Comon Soccage and not in Capite or by Knights Service yeilding and Rendering And the said James Duke of Yorke Doth for himselfe his heirs and Assignes covenant and promise to yeild and Render unto us our heires and Successors of and for the same yearely and every yeare ffortie Beaver Skynns when they shall bee demanded or within Nynety days after And we doe further of our especiall grace certaine knowledge and meere mocon for us our heires and Successors give and Graunt unto our said dearest Brother James Duke of Yorke his heires Deputyes Agents Comissioners and Assignes by these presents full and absolute power and authority to Correct punish Pardon Governe and Rule all such the Subjects of us our heires and Successors as shall from tyme to tyme Adventure themselves into any the parts or Places aforesaid or that shall or doe att any tyme hereafter Inhabite within the same according to such Lawes Orders Ordinances direccons and Instruments as by our said clearest Brother or his Assignes shall bee established And in defect thereof in Cases of necessitie according to the good discreccons of his Deputyes Comissioners Officers or Assignes respectively as well in all [Continued on page 14.] Boundaries of the State of New York. 13 m ts to the said severall Islands, Lands and premisses belonging & appertaining, w th theire and every of theire appurte- nances, And all Our Estate, Right, Title, Interest, benefitt, Advantage, Claime and demand, of in or to the said Lands and p re misses, or any part or pareell thereof, And the Revercon and Revercons, remainder & Remainders, together w th the Yearly and other y e Rents (Revenues) and proffitts, of all and Singular the said premisses, and of every part and pareell thereof ; To hade & to hold all and Singular the said Lands, Islands, hereclitam ts and p re misses, w th their and every of their appurtenances, hereby given and granted, or herein before men- coned to be given and granted, unto Our 1 Dearest Brother, James Duk e of York e , his heires and Assignes for ever, To the onely proper use and behoofe of the said James Duk e of York e his heires and Assignes for ever, To be holden of us, Our heires and Successo 1-8 as of Our Manno r of East Greenw ch in Our County of Kent, in ffree and Common Soccage, and not in Capite, nor by Knight Service, Yeilding and rendring, And the said James Duk e of York e , doth for himselfe, his heirs and Assignes, Covenant & promise to Yeild and render, unto us our heires and Successo rs , of and for the same, yearly and Every yeare forty Beaver Skins, when they shall be demanded, or within ninety days after, And wee do further, of Our speciall Grace, certaine knowledge, and meere mocon, for us, our heires and Successo 1-8 , Give & grant unto Our said Dearest Brother, James Duk e of Yorke his heires, Deputyes, Agents, Commis- sion 1,8 and Assignes by these p'nts, full and absolute power and Authority to Correct, punish, pardon, Governe and Rule all such the Subjects of Us Our heires and Successo 1 " 8 as shall from time to time adventure themselves, into any the parts or places aforesaid, or that shall or doe at any time hereafter, Inhabite w th in the same, according to such Lawes, Orders, Ordinances, Direccons and Instruments, as by Our said Dearest Brother, or his Assignes, shall be established, And in defect thereof in Cases of necessity, according to the good discrecons of his Deputyes, Commission 1-8 Officers or Assignes respectively, as well in all [Continued on page 15.] 'The word "said" is wanting here, in the original record from which this copy is made. 14 Copies of Documents Relating to the Causes and matters Capitall and Criminall as Civill both Marine and others Sob allwayes as the said Statutes Ordi- nances and Proceedings bee not contrary to but as neare as conveniently may bee agreeable to the Lawes Statutes and Governement of this our Realme of England And Saveing and reserveing to us our heirs and Successors the receiveing heareing and determineing of the Appeale and Appeales of all or any Person or Persons of in or belonging to the Terri- tories or Islands aforesaid in or touching any Judgment or Sentence to bee there made or given And further that it shall and may bee lawfull to and for our said dearest Brother his heires and Assignes by these presents from tyme to tyme to Nominate make Constitute Ordeyne and Confirme by such Name or Names Stile or Stiles as to him or them shall seeme good and likewise to revoke discharge Change and alter as well all and singuler Governors Officers and Ministers which here- after shall bee by him or them thought fitt and needfnll to bee made or used within the aforesaid Parts and Islands aud alsoe to make Ordayne and Establish all manner of Orders Lawes direccons Instruccons formes and Ceremonies of Government and Magistracy fitt and necessary for and concerneing the Government of the Territories and Islands aforesaid soe allwayes as the same bee not contrary to the Lawes and Statutes of this our Realme of England butt as neare as may bee agreeable thereunto And the same att all tjmies hereafter to putt in Execucon or abrogate revoke or change not only within the Precincts of the said Territories or Islands butt alsoe upon the Seas in goeing and comeing to and from the same as hee or they in their good discreccons shall thinke to bee fittest for the good of the Adventurers and Inhabitants there And we doe further of our especiall grace certaine knowledge and meere mocon Graunt Ordeyne and Declare That such Governors Officers and Ministers as from tyme to tyme shall bee authorized and appointed in manner and forme aforesaid shall and may have full power and authority to use and exercise Marshall la we in cases of Rebellion Insurreccon and Mutiny [Continued on page 16.] Boundaries of the State of New York. 15 Causes and matters Capitall and Criminal], as Civill, both Marine and others, Soe alwayes, as the said Statutes, Ordi- nances & proceedings be not contrary to, but as neare as conveniently may be Agreeable to the Lawes Statutes & Governm* of this Our Realme of England, And Saving and reserving to us, Our heirs and Successo rs y e receiving hearing and determining of the Appeale and Appeales of all or any person or persons, of, in, or belonging' to y e Terri- toryes or Islands aforesaid, in or touching any Judgment or Sentence to be there made or given, And further, that it shall and may be Lawfull, to fie fur our said Dearest Brother, his heires and Assignes by these p'nts, from time to time, to nominate, make, constitute, ordaine and confirme by such name or names, Stile, or Stiles as to him, or them shall seeme good, And likewise to revoke discharge, Change and Alter, as well (all) and Singular Governo rs Officers & Minisf 8 which here- after shall be by him or them, thought fitt and needfull to be made or used w th in the aforesd parts & Islands, And also to make Ordaine, and Establish all manner of Orders, Lawes, directions Instruccons, formes and Ceremonyes of Governm 1 and Magistracy fitt and Necessary for and concerning the Government of the Territoryes and Islands aforesd so alwayes as the same be not contrary to the Lawes and Statutes of this Our Realme of England, but as neare as may bee Agreeable thereunto And the same at all times hereafter to put in Execucon, or abrogate, revoke or Change not only within the p re cincts of the said Territoryes, or Islands, but also upon the Seas in going and coming to and from the same, as hee or they in their good discrecons, shall thinke to be fittest for the good of the Adventurers, and Inhabitants there, And we do further of Our speciall grace, certaine knowledge and meere mocon, Grant Ordaine and declare That such Governo 1-8 Officers and Ministers, as from time to time shall be Authorized, and appointed in manner and forme aforesaid, shall and may have Full power and Authority, to use and Exercise Marshall law, in Cases of Rebellion, Insurreccon and Mutinie, [Continued on page 17.] 16 Copies of Documents Relating to the in as large and ample manner as our Leiftennants in our Counties within Our Realme of England have or ought to have by force of their Comission of Leiutennancy or any lawe or Statute of this our Realme And wee doe further by these presents for us our heires and Successors Graunt unto our said dearest Brother James Duke of Yorke his heires and Assignes that itt shall and may bee lawful to and for the said James Duke of Yorke his heires and Assignes in his or their dis- creccons from tyme to tyme to Admitt such and soe many Person and Persons to Trade and Traffique unto and within the Territoryes and Islands aforesaid and into every or any part and parcell thereof And to have possesse and enioye any lands or hereditaments in the parts and Places aforesaid as they shall thinke fitt according to the Lawes Orders Constitucons and Ordinances by our said Brother his heires Deputyes Comissioners and Assignes from tyme to tyme to bee made and established by virtue of and according to the true intent and meaneing of these presents and under such Condicons reservacons and Agreements as our said Brother his heires or Assignes shall sett downe Order direct and appoint and not otherwise as aforesaid And wee doe further of our especiall grace certaine knowledge and meere mocon for us our heirs and Successors give and Graunt to our said deare Brother his heires and Assignes by these presents that itt shall and may bee lawfull to and for him them or any of them att all and every tyme and tymes hereafter out of any Our Realmes or Dominions whatsoever to take lead Carry and Transport in and into (their) Voyages and for and towards the Plantacon of our said Territoryes and Islands all such and soe many of our loveing Subjects or any other Strangers being not prohibited or under restraint that will become our loveing Subjects and live under our Allegiance as shall willingly Accompany them in the said Voyages Together with all such Cloathing Imple- ments ffurniture and other things usually Transported and not Prohibited as shall bee necessary for the Inhabitants of the said Islands and Territoryes and for their use and defence [Continued on page 18.1 Boundaries of hie State of New York. 17 in as large and Ample manner as our Lieutenants in our Countyes \v th in Our Real me of England, have, or ought to have by force of their Commission of Lieutenancy, or any Law or Statute of this our Realme, And wee do further by these p'nts, for us Our heires and Successo™, Grant unto Our said Dearest Brother, James Duke of York e , his heires and Assignes, That it shall and may be Lawful!, to and for the said James Duke ol York e his heires and Assignes, in his or their dis- crecons from time to time, to admitt such, and so many person and persons to Trade and Trafhque unto and w th in the Territoryes and Islands, aforesaid, and into every or any part & parcell thereof, and to have possesse and Enjoy, any Lands, or hereditam ts in y e parts and places aforesaid, as they shall thinke fitt according to the Lawes, orders, Constitu- cons, and Ordinances, by Our said Brother, his heires Deputyes Commission 1-8 and Assignes, from time to time to be made and established, by vertue of, and according to the true intent and meaning of these p'nts and under such Condicons, Reservacons and Agreem ts as Our sd Brother, his heires or Assignes shall set downe, Order, direct, and appoint and not otherwise, as aforesd And wee do further of Our especiall grace, certaine knowledge and meere mocon, for us, Our heirs and Successo rs give and grant, to Our said Deare Brother his heires and Assignes by these p'nts, That it shall and may bee Lawfull to and for him, them, or any of them, at all and every time and times hereafter, out of any Our Realmes or Dominions whatsoever, to take, leade, Carry and Transport in and into their Voyages, and for and towards the Plantacon of Our said Territoryes and Islands, all such, and so many of ( )ur Loveing Subjects, or any other Strangers, being not prohibited or under restraint, that will become Our Loving Subjects, and live under Our Alegiance, as shall willingly accompany them in the said Voyages together w th all such Cloathing Imple- ments, furniture and other things, usually transported and not prohibited, as shall be necessary for the Inhabitants of the said Islands, and Territoryes, and for theire use and defence [Continued on page 19.] 3 18 Copies of Documents Relating to the thereof and maunaging and Carrying on the Trade with the People there and in passing and returneing to and fro yeild- ing and paying to us our heires and Successors the Customes and Duties therefore due and payable according to the lawes and Customes of this our Realme And wee doe alsoe for us our heires and Successors Graunt to our said dearest Brother James Duke of Yorke his heires and Assignes and to all and every such Governor or Governors or other Officers or Ministers as by our said Brother his heires or Assignes shall bee appointed to have power and Authority of Governement and Comaund in or over the Inhabitants of the said Terri- tories or Islands that they and every of them shall and lawfully may from tyme to tyme and att all tymes hereafter for ever for their severall defence and safety encounter expulse repell and resist by force of Amies as well by Sea as by land and all wayes and ineanes whatsoever all such Person and Persons as without the speciall Lycence of our said deare Brother his heires or Assignes shall attempt to inhabite within the severall Pre- cincts and Lymitts of our said Territories and Islands And alsoe all and every such Person and Persons whatsoever as shall enterprize or attempt att any tyme hereafter the dis- truccon Invasion detriment or annoyance to the Parts Places or Islands aforesaid or any part thereof And lastly our Will and pleasure is and wee doe hereby declare and Graunt that these our Letters Pattents or the Inrollment thereof shall bee good and effectuall in the Law to all intents and purposes whatsoever Notwithstanding the not reciteing or menconing of the premisses or any part thereof or the Meets or Bounds thereof or of any former or other Letters Patents or Graunts here- tofore made or Graunted of the premisses or of any part thereof by us or of any of our Progenitors unto any other Person or Persons whatsoever Bodyes Politique or Corpo- rate or any Act Lawe or other Restraint incertainty or ymperfeccon whatsoever to the contrary in any wise notwith- standing Although Expresse mencon of the true yearely value or certainty of the premisses or of any of them or of | Continued on page 20.] Boundaries of the State of New York. 19 thereof, and manageing and carrying on the Trade w th the people there and in passing and returning to and fro : yeild- ing & paying to us Our heires and Snccesso 1 " 8 the Customes and Dntjes therefore due and payable, according to the Lawes and Customes of this Our Realme, And we do also, for us Our heires and Successors Grant to Our said Dearest Brother, James Dnk e of York e , his heires and Assignes, and to all and every such Governo r or Governo 1-8 or other Officers or Ministers, as by Our said Brother his heires or Assignes shall be appointed to have power and Authority of Governm* and Command in or over tho Inhabitants of the said Terri- toryes or Islands, that the}^ and every of them shall, and Law- fully may from time to time, and at all times hereafter for ever, for their severall defence and Safety, Encounter, expulse, repell, and resist by force of Amies as well by Sea, as by Land, and all wayes and meanes whatsoever, all such person and persons, as w th out the speciall Licence of Our said Deare Brother his heires or Assignes, shall attempt to Inhabit w th in the severall p re - cincts and Limits of Our said Territoryes, and Islands, And also and every such person and persons whatsoever, as shall enterprize or attempt at any time hereafter, the des- truccon, invasion, detriment or annoyance to y e parts, places, or Islands, aforesaid, or any parte thereof, And lastly, Our will and pleasure is, and we e do hereby declare and grant, that these Our Letters Patents, or the Inrollm 1 thereof shall be good and effectuall in the Law, to all intents and purposes whatsoever, Notwithstanding the not reciting or menconing of the premisses or any part thereof, or the meets or Bounds thereof, or of any former, or other L'res Patents or Grants here- tofore made or granted of the premisses, or of any part thereof by us, or of any of Our Progenit ra unto any other person or persons, whatsoever, Bodyes Politique or Corpo- rate, or any Act, Law or other restraint, incertainty or imperfection whatsoever, to the contrary in any wise notw th - standing, although expresse mencon, of the true yearly value, or certainty of the p re misses, or J any of them, or of [Continued on page 21.] 1 The word "of" was written here and then partially erased, in the original record from which this copy is made. 20 Copies of Documents Relating to the any other Guifts or Graunts by us or by any of our Pro- genitors or Predecessors heretofore made to the said James Duke of Yorke in these presents is not made or any Statute Act Ordinance Provision Proclamacon or Restriccon here- tofore had made Enacted Ordeyned or provided or any other matter Cause or thing whatsoever to the contrary thereof in any wise notwithstanding In Wittnes whereof Wee have caused these our Letters to bee made Patents Wittnes our Selfe att Westminster the Twelveth day of March in the Sixteenth yeare of our Raigne By the King Howard Boundaries of the State of New York. 21 any other gnifts or Grants by us, or by any of Our Pro- genitors or Predecesso 1 " 8 heretofore made to the said James Duk e of York e , in these presents, is not made, or any Statute, Act, Ordinance, provision, Proclamacon, or restriction, here- tofore had, made, Enacted ordained or provided, or any other matter, cause, or thing whatsoever to the contrary thereof in any wise Notwithstanding. In wittnesse whereof, Wee have caused these Our Letters to be made Pattents Wittnesse Our selfe at Westminster the twelveth day of March, in the Sixteenth Yeare of Our Raigne. , By the King. Howard. * * * * To remove any doubt of the validity of the Duke's title, either from the want of seizin in the crown when it originated, or on account of the intermediate conquest by the Dutch, it was confirmed to His Royal Highness by further letters patent, dated the 29th day of June, 1674. * * * * — [Journal of N. Y. Gen. Assembly, March 8, 1773, p. 92. Second Grant to the Duke of York, 1674. Cljatlcs tl)c Seconb By the Grace ' of God, King of England Scotland, France and Ireland, Defender of the ffaith &c, To all to whom these pre- sents shall come Greeting ; Know yee, that wee for divers good causes and consideracons, Have of our especiall Grace, certaine knowledge and meer motion, Given and granted, and by these p re sents, for us, our Heirs and Successo rs Do give and graunt unto our Dearest Brother, James Duke of Yorke, his Ileires and Assignee, All that part of the Maine Land of New England, begining at a certaine place called or knowne 22 Copies of Documents Relating to the by the name of S l Croix, next adjoyning to New Scotland in America ; and from thence extending along the Sea-Coast, unto a certaine place called Petuaquine or Pemaquid, and so up the River thereof, to the furthest head of the same, as itt tendeth Northwards, and extending from the River of Kinebeque, and so upwards by the shortest Course to the River Canada Northwards ; And all that Island or Islands, commonly called by the severall name or names of Matowacks or Long Island, Scituate and being towards the West of Cape Cod, and the narrow Higansetts, abutting upon the Maine Land, between the two Rivers there, called or knowne by the severall names of Conecticutt and Hudsons River, together also with the said River called Hudsons River, and all the Land from the west side of Conecticutt River, to the East side of Delaware Bay ; And also all those severall Islands, called or known by the names of Martin-Vineyards and Nantukes, other- wise Nantuckett ; Together with all the Lands, Islands, Soiles, Rivers, Harbo rs , Mines, Mineralls, Quarryes, woods, Marshes, waters, Lakes, fhshings, Hawking, Hunting & ffowling ; And all other Royalties, proffits, Commodities and Hereditam ts , to the said severall Islands, Lands and premisses, belonging and appertaining, w th their and every of their Appurtenances, and all our Estate, Right, Title, & Interest, benefit and ad vantage, Claime and demand, of, in or to the said Lands or p re misses, or any part or parcell thereof; And the Revercon and Revercons, remainder & remaind rs , together with the yearly and other Rents, Revenues and Proffitts of the p re misses, and of every part and Parcell thereof ; To have and to hold [etc.] * * * * In witnesse whereof wee have caused these our L'res to bee made patents, witnesse our selfe at westm. the 29 th day of June, in the 26 th yeare of our Reigne. PIGOTT. — [Deeds, in office of N. Y. Sec'y of State i, 1 ; N. Y. Col. MSS., xxiii, 362. Boundaries of the State of New York. 23 Duke of York's Release of New Jersey, to John Lord Berkeley, and Sir George Carteret, June 21, 1664; renewed July 29, 1671. THIS INDENTURE made the four and Twentieth day of June, in the Sixteenth Year of the Reign of our Sovereign Lord, CHARLES the Second by the Grace of God of England, Scotland, France and Ireland, King Defender of the Faith, &c. Annoq. Domini, 1661. Between His Royal Highness, James Dnke of York, and Albany, Earl of Ulster, Lord High Admiral of England and Ireland, Constable of Dover-Castle, Lord Warden of the Cinque? Ports, and Governor of Ports- mouth, of the one Part : John Lord Berkeley, Baron of Stratton, and one of His Majesty's most Honourable Privy Council, and Sir, George Carteret of Saltrum in the county of Devon, Knight and one of His Majesty's most Honourable Privy Council, of the other Part : Whereas his said Majesty King Charles the Second, by his Letters Patents under the Great Seal of England, bearing Date on or about the Twelfth Day of March, in the /Sixteenth Year of his said Majesty's Reign, did for the consideration therein mentioned, give and grant unto his said Royal Highness James Duke of York, his Heirs and Assigns, all that part of the Main Land of New-England, beginning at a certain Place called or known by the Name of St. Croix next adjoining to New-Scotland in America / and from thence extending along the Sea Coast * * together also with the said River called Hudson ^s-Ttiver, and all the Land from the West side of Connecticult- River to the East side of Delaware Bay : And also several other Islands and Lands in the said Letters Pattents mentioned, * * with divers other Grants, Clauses, Provisos and Agreements, in the said recited Letters Patents contain'd, as by the said Letters Patents, relation being thernnto had, it doth and may more plainly and at large appear Now this Indenture Witnesseth, that his said Royal Highness James Duke of York, for and in consideration of a competent sum of good and lawful Money of England to his said Royal Highness James Duke of York in Hand paid by the said John Lord 24 Copies of Documents Relating to the Berkley and Sir George Carteret, * * forever by these Presents, hath granted * * unto the said John Lord Berkley and Sir George Carteret, their Heirs and Assigns for ever, All that Tract of Land adjacent to New- Engl and, and lying and being to the Westward of Long-Island and Manlutas Island, and bounded on the East part by the main Sea, and part by Hudson 's River, and hath, upon the West Delaware Bay or River, and extendeth Southward to the Main Ocean as far as Cape-May at the Mouth of Delaware Bay ; and to the Northward as far as the Northermost Branch of the said Bay or River of Delaware, which is forty one Degrees and forty Minutes of Latitude, and crosseth over thence in a strait Line to Hudson's River in forty one Degrees of Lati- tude ; which said Tract of Land is hereafter to be called by the Name or Names of New Ceaserea or New-Jersey : * * with their and every of their appurtenances, in as full and ample manner as the same is granted to the said Duke of York by the before recited Letters Patents; * * IN WITNESS whereof the Parties aforesaid to these Presents have interchangeably set their Hands and Seals, the Day and Year first above Written. Signed, SeaVd and delivered JAMES. in the Presence of William Covenrye, Thomas Heywood. — [Learning and Spider's Laws of New Jersey, pp. 8-11, 46-48. Report of the Commissioners concerning the Boundaries betw t een New York and Connecticut, 1664. By virtue of his majesties Commission wee have heard the Differences aboutt the bounds of the pattents granted to his Royall highnesse the Ducke off Yorke and his majestes Col- lony of Connecticott and having deliberately considered all the reasons alleged by M 1 * Allyn Sen r . M r . Gold Mr. Richards and Cap*. Wintrop appointed by the assembly held at hartfort the 13 th day off octoB 1664, to accompany John Winthrop Esq r (the governor off his majesties Collony off Conecticott) to New Yorke and by M r Howell and Cap* Yong off Long Boundaries of the State of New York. 25 Island, Why y c Long Island Should be under the government of Conecticut which are to Long here to be recited Wee Doe declare and order that the Southerne bounds off his maj ties Collony of Conecticut, is the Sea and that Long Island is to be under the government off his Royall highnesse the ducke off Yorke as is exprest by plane words in the s d pat- tents respectively And alsoe by virtue off* his maj ties Comission and by the Consent off both the govern rs and the gen 1 : above named wee alsoe order and declare that the Creeke or River called Momo- ronack w ch is Reputed to be about twelve miles to the east of Westchester, And a line Drawn from the East point or side, where the fresh water falls into the Salt at high water marke. North north west to the Line of the Machatuchets, Be the westward bounds off the Said Collony off' Conecticut and all plantations Lying westward of that Creeke and Line Soe Drawne to be under his Royall highnesse governm*. And all Plantations lying Eastward off" that Creeke and Line to be under the governm 1 of Conecticut Given under our hands at ffort James in New Yorke on Manhatans Island this 30. day off Novemb 1664. RICIP NICOLLS GEORGE CARTWRIGHT SAMUEL MAVRICK a true copy compared with the originall Eliazer [surname illegible] Secret 17 —[N. Y. Col. MSS., xxii, 5 ; Smith's Hist. ofN. Y., i, 36, 37. We the governour and commissioners of the general assem- bly of Connecticut, do give our consent to the limits and bounds above mentioned, as witness our hands. GOLD, . JOHN WINTHROP, Jun. JOHN WINTHROP, ALLEN, Sen. RICHARDS. —[Smith's Hist, of N. Y., i, 37. 26 Copies of Documents Relating to the gov. nlcolls concerning territories of hls koyal hlgh- ness the Duke of Yorke in America. About 1669. * * * * 3 rd . The Tenure of lands is derived from his R. H. s who gives and grants lands to Planters as their freehold forever, they paying the customary rates and duties with others towards the defraying of publique charges. The highes[t] rent or acknow- ledgment to his It. H. s will bee one penny pr acre for Lands purchased by his R. H. s , the least two shillings sixe pence for each hundred acres, whereof the Planters themselves are pur- chasers from the Indyans. 4. The Governour gives liberty to Planters to find out and buy lands from the Indyans where it pleaseth best the Planters, but the seating of Towns together is necessary in these parts of America, especially upon the Maine Land. * * * * — [N. Y. Doc. Hist., i, 59 (4°) ; 87 (8°). Denton's Brief Description of New York. That Tract of Land formerly called The New Netherlands, doth Contain all that Land which lieth in the North-parts of America, betwixt New-England and Mary-Land in Virginia, the length of which Northward into the Countrey, as it hath not been fully discovered, so it is not certainly known. The bred th of it is about two hundred miles. * * — [Dento)i's Brief Description, 1670, 1 p. 1. Sir John Werden to Governor Andros, Jan. 28, 167$-. * * * * As to yo r thoughts of bounding the Dukes territoryes North- wards by Canada, you will doubtless doe well to looke upon them alwayes as being soe bounded, the Dutch having ever claymed & never lost the possession of the same, and when any occasion shalbe to take out a New Pattent (be it upon the 1 " Mr. Rich iu his catalogue of books relating to America, states this to be the first printed account in English, of the Province of New York." — [318. entry, on fly-leaf of copy in iv". Y. State Library. Boundaries of the -State of New York. 27 better adjusting the Boundaryes with Connecticut or otherwise) then care wilbe had of fixing this northerne limitt. * * * * — [JV. Y. Col. Doc, iii, 237. Gov. Andros concerning New York, 1678. * * * * 9. Wee keepe good Correspondence with all o r neighbours as to Civil], legall or judiciall proceedings, but differ with Con- necticut for o r bounds and mutuall assistance w ch they nor Massachusetts will not admitt. 10. Our boundaries are Stfuth, the Sea, West Delaware ; North to y e Lakes or ffrench ; East Connecticut river, but most usurped and yett possed by s'd Connecticut some Islands Eastward & a tract beyond Kennebeck River called Pemaquid, &c. * * the Collony is in severall long narrow stripes o± w ch a greate parte of the settlem 1 made by adventurers before any Regulacon by w ch Incroachrn* 8 without patten ts w ch townes have lately taken but by reason of continuall warrs noe Survey made & [qn. of the] wildernesse, noe certaine computacon can be made of the planted and implanted, these last 2 yeares about 20,000 acres taken up and pattented for particuler per- sons besides Delaware, most of the land taken up except upon Long Island is improued & unlesse the bounds of the Duke's pattent be asserted noe great quantityes att hand undisposed. -::- * * * — [.V. Y, Doe. Hist, i, 60 (1°) ; 89 (8°). gov. dongan to committee of trade on the province of New York, dated 22d February, 1687. * * # * Further if Pennsylvania bee continued as by charter run- ning five degrees to the westward it will take in the most of the five nations that lie to the westward of Albany * * Those Indians and the people of this Goverm* have been in continued piece @ amity one with another these fifty years And those Indians about forty years agoe did annex their lands to this Governm* @ have ever since constantly renewed the 28 Copies of Documents Relating to the same with every Governor that has been here both in the time of the Dutch @ the English @ in particular to myself who have given them largely in consideration of their lands * * •«• * I send a Map by Mr. Spragg whereby your Lop ps may see the several Go verm* 8 &c how they lye. * * * * For the longitude latitude and contents of this Goverm* I refer yo 1 ' Lo ps to the afore-mentioned Map wherein you will see in what narrow bounds we are cooped up The land of this Goverment is generally barren rocky land except the land w T ee have right to on the Susquehanna river @ up into the country amongst our Indians where there are great quantities very good * * * * — [N. Y. Doc. Hist, i, 98, 99, 101 (4°); 154, 158, 159 (8°). Territory Included in the First Organization of Counties. An Act to divide this Province and Dependency es into Shires and Countyes. [Nov. 1, 1683.] Haveing taken into Consideracon the necessity of divideing the province into respective Countyes for the better governing and setling Courts in the -same ; Bee It Enacted by the Gover- nour Councell and Representatives, and by the authority of the same, That the said province be divided into twelve Countyes as followeth. The Citty and County of Neio-Yorke to containe all the Island comonly called Manhatans Island Mannings Island and the two Barne Islands, the Citty to be called as it is New Yorke, and the Islands above specifyed, the County thereof. The county of West Chester to containe West and East Chester Bronx Land, ffordham, Annehooks Neck, Kichbells, Minfords Islands, and all the Land on the Maine to the East- ward of Manhatans Island, As farr as the Government Extends, and the Younkers Land, and Northwards along Hudson's liiver as farr as the Highlands. Boundaries of the State of New York. 29 The County of Ulster to containe the towns of Kingston Hurley and Marbletowne, ffox Hall, and the New Pallz, and all the Villages neighbourhoods and Christian Habitacons on the West side of Hudson's River from the Murderer's Creeke neare the Highlands, to the Sawyer's Creeke. The County of Albany to containe the Towne of Albany, the Collony of Renslaerswyck, Schonechteda, and all the villages, neighbourhoods and Christian plantacons on the East Side of Hudson's River from Roel of Jansen's Creeke and on the west side from Sawyer's Creeke to the Sarraghtoga. The Dutchesses County to be from the bounds of the County of West Chester on the south side of the Highlands along the east side of Hudson's River as farr as Roel of Jansen's Creeke, and eastward into the woods twenty miles. The county of Orange to begin from the Limitts or bounds of East and West Jersey on the west side of Hudson's River along the said River to the Murderer's Creeke or bounds of the County of Ulster and westward into the Woods as farr as Dela- ware River. The County of Richmond to containe all Staten Island, Shutter's Island, and the Islands of meadow on the West side thereof. King's County to conteyne the severall towns of Boshwyck, Bedford, Brewklin, fflattbush, fflattlands, New Utrecht and Gravesend with the severall settlements and plantacons adjacent. Qceene's county to Conteine the severall Towns of New- towne, Jamaica, fflushing, Hempsteed and Oyster bay, with the severall outfarmes, settlements and plantacons adjacent. The County of Suff'olke to Conteine the severall Towns of Huntington, Smithfield, Brookhaven, Southampton, Southold, East Hampton, to Montauk point, Shelter Island, the Isle of Wight, ffisher's Island and Plumb Island with the several out- farmes settlements and plantacons adjacent. Duke's County to Conteine the Islands of Nantuckett, Martin's Vineyard, Elizabeth Island and No man's Land. The County of Cornwall to Conteine Pemaquid, and all 30 Copies of Documents Relating to the his Royall Highnesses Territories in those parts with the Islands adjacent. And forasmuch as there is a necessity of a high sheriffe in Every County in this province, Bee it therefore Enacted by the Governour Couneell and Representatives in General Assembly mett, and by the authority of the same That there shall be yearly and Every yeare an High Sheriffe Constituted, and Com- missionated for Each County And that each Sheriffe may have his under Sheriff", Deputy or Deputyes. — [Dongan's Laws, MS., pp. 12-14, in Office of N. Y. Sec'y of State • N. Y. Revised Laws, 1813, ii, Appendix, No. III. In April, 1691, [Vide Bradford's edition of 1710] an act was passed, entitled, " An act to divide this province and dependencies into shires and counties" similar to the preced- ing, except in the following particulars. The city and county of -New-York, instead of the "two Barne Islands " merely names them " the Two Islands " and in addition thereto are included " The three Oyster islands, and the rest of the islands of the county," and " Manhattan's Island, to be called the city of New- York." Westchester county, "Annehooke's Neck " not named — " Manor of Pelham," added. The county of Albany — "the Towne of Albany," omitted to be named — " Colony of Benslaerswyck," called " The Mannor of Eanslaerswyck ; " and instead of "'to the Saraagh- toga," is substituted "to the uttermost end of Sarraghtoga." King's county — " Boshwyck " called " Bush wick " — "Brucklyn" [» Brewklin "], called "Brookland." Queen's county — after "Oyster Bay," is added " with HorsenecTc," and are added, "The island called the Two Brothers, and Ilullett's island." — [Revised Laws of N. Y., 1813, ii, Appendix, No. III. Boundaries of the State of New York. 81 Cornwall County — Pemaquid and its Dependencies. * * ■«■ * Dr. Franklin B. Hough, the superintendent of the Census in New York, in his examination of documents in the State Department at Albany in 1854, discovered records and papers relating to the Duke of York's province in Maine, and his other possessions in Massachusetts. Having communicated the fact to this Society [Maine Historical], measures were immediately taken to procure copies of them for publication. Our State [Maine] promptly granted to the Society three hun- dred dollars to defray the expenses of copying and printing. * * * * — [Maine Hist. Soc. CoWns, v, Article II, Prefatory Note. * * * * By this beneficent act of the State, we have a collection of original documents, 1 touching one of the most interesting por- tions of our territory, of which Ancient Pemaquid was, in fact, the Capital. * * * * — [Idem, v, 141. Pemaquid. The eighth and last grant of lands, by the Plymouth Council, within the present State of Maine, was the " Pemaquid Patent," which was dated Feb. 20th, 1631. 2 This was to two merchants of Bristol, Robert Aldsworth and Gyles Elbridge. It extended from the sea between the rivers Mus- congrus and Damariscotta, so far northward as to embrace 12,000 acres, besides settlers' lots; as it also was to include 100 acres, for every person, who should be transported hither by the proprietors within seven years, and reside here three years. The grant was made to the patentees in consideration of pub- lic services past, and their present engagements to build a town. 1 Papers relating to Pemaquid and parts adjacent in the present State of Maine, known as Cornwall County, when under the Colony of Neao York, compiled from Official Records in the office of Secretary of State at Albany, N. Y. By Franklin B. Hough. Albany, MDCCCLVI. "For a copy of this Patent, see Maine Hist. Soc. Coll., v, 207. 32 Copies of Documents Relating to the It included the Damariscove Islands, and all others within nine leagues of the shore. * * * * The earliest settlements seem to have been on the western banks of Pemaquid river, in 1623 or 4. * A fort was built there, the year before the date of the patent, * * and the plantation had a gradual uninterrupted growth till the first Indian war. The settlements extended to Damariscotta, and especially at the lower falls, they were seen rising on both sides of the river. The visitants, as well as inhabitants, were highly pleased with the situation of Pemaquid. A smooth river navigable a league and a half above the point, a commodious haven for ships, and an eligible site for a fortress, at once, filled the eye. * * * * " The territory of Sagadahock," situated between the river of that name and Damariscotta, a tract of only five leagues in width, including the Sheepscot and the Islands, had attracted early and perpetual attention. * * There were inhabitants, traders, and fishermen on the river continually from A. D. 1626, to the first Indian war. Also we find residents as early about Damariscotta lower falls, as at Pemaquid ; and above Wiscasset, we are told, there were, in the year 1630, " fifty families on what were called the Sheepscot farms ." * * — [Williamson'' s History of Mairie, i, 241-3. * * When Charles II. returned to England, in the year 1660, notwithstanding his fair pretensions, the world was soon convinced that he intended to reign upon the same principles which had brought his father to the scaffold. His intention with regard to the colonies, was, to reduce them to the plan of twelve royal provinces, according to the ideas adopted by his father, in 1635, and to have a viceroy over the whole. According to this plan, he sent commissioners over, in the year 1665, with authority to reduce the Dutch settlements on the Hudson ; to settle peace, and to establish good government in the colonies, Colonel Richard Nichols, who was afterwards Boundaries of the State of New York. 33 governour of New York, was joined with Sir Robert Carr, George Cartwright, and Samuel Maverick in the commission. The Dutch settlements at New York, Albany / and other places, were subdued by the English in that year; and the commissioners turned their attention to matters of government, but met so warm an opposition from the general court of Massachusetts, that nothing was done there. More attention was paid to them at Rhode Island and New Plymouth colonies. * * * # The commissioners, finding nothing to do in Massachusetts, went into New Hampshire, and finally, into the Province of Maine. Their intention was to maintain the twelve govern- ments of 1635 ; and the King appointed his brother, the Duke of York, afterwards King James II. viceroy of the country. The exercise of this government was not extended to any other places, than to the Province of New York and to the Province of Maine, and the territory east of it, then called the county of Newcastle. The attempt was, to consolidate the Province of Maine, and the other eastern division, into one government. The court holden by the commissioners, was at Sheepscott, fifteen miles east of the [then] Province of Maine ; where they appointed a number of those persons, who were firm royalists, and who lived within the Province of Maine, in Scarborough, York, and Ivittery, justices of the peace, under the Dnke of York's government ; and established admiralty and other courts within the same. * * * * Henry Jocelen, Esq. [and five others], appeared in commis- sion, and declared their acceptance of the office and duty, by taking the oaths of allegiance and supremacy, as also that of a justice of the peace. * * Jossylyn [Jocelen] was appointed to decide, when the justices, including himself, were divided in their opinion, and the side he gave his vote on, prevailed on such division. This is the only institution of the kind which has ever been in the country or in England. * * The principal influence of the duke's government, was at 5 34 Copies of Documents Relating to the Sheepscott, and Pemaquid. What is now called Newcastle, anciently Sheepscotte, was, under that government, called Cornwall, in the county of New Castle : all the lands there were bought of the Indians by John Mason ; but governour Dungan, who was governour of New York, as well as of the eastern country, granted a great part of the territory over again. * * * * — [Sullivan's Hist, of Maine, pp. 284-286, 288, 289. The obscurity which has involved the history of that portion of Maine included within the patent of the Duke of York, while under the ducal government, has long been felt and acknowledged, and historians in their accounts of this period, have been obliged in the absence of authentic documents, to rely upon slight and imperfect data. The following papers now for the first time printed, it is believed, will add much to our acquaintance with the annals of the section known as " Pemaquid and its dependencies" in the early records of New- York. * * * * The New-York records do not show what jurisdiction was asserted over the eastern portion of the Duke's territories prior to the reduction of New- York by the Dutch in 1673. Upon that occasion the General Court of Massachusetts, under pretext of a survey that included the territory, took possession of the Pemaquid settlements, organized a local government, and in July, 1674, a court was held under this authority, within the Duke's territories. Upon the restoration of New- York to the English, by the peace of Westminster, a new patent, embracing the same territory, was taken out by the Duke of York, and upon the arrival of governor Andross, measures were taken to re-establish this authority throughout the government. Civil and military commissions were issued, and upon the organization of a General Assembly in New York in 1683, and the division of the colony into counties, " Pemy-Quid, and all the Territories in those Parts, with the Islands adjacent," were erected into the county of Cornwall. Boundaries of the State of New York. 35 and entitled to send one member to the General Assembly. 1 This connection continued until the succession of the Duke of York to the throne, when by a royal order these territorys were annexed to the New England government. * * # * — [Hough's Pemaquid Papers, — Introduction. At a Councell June 9, 1677 A proposal] being made by the Governor whether it would bee advisable to send to take Possession and assert the Dukes Interest at Pemaquid, & parts adjacent Eastward, according to his Roy 11 H s Pattent or nott. ' Upon consideracon had thereupon, It was thought advisable so to do, And that if we make Peace with the Indyans there the Massachusetts to bee comprized if they Please. All the ffishermen & old inhabitants to be restored and Protected. * •* # # — [Hough's Pemaquid Papers, pp. 14, 15. At a Councell &c. June 24 th , 1680 Ordered, That some persons bee appointed to goe from hence to Pemaquid, for holding Co rts . That in their way they call in at ffishers Island, the Governm 1 whereof is to bee asserted, & that a Constable bee appointed there. They are likewise to put in at Martins Yineyard & Nantucket, that fitt Magistrates may be elected & confirmed there & that they be required to send one of their former number hither, to answer their neglect in not making due returnes of their Elections the last Yeare. Blanck Civill Comissions for Martins Yineyard & JSTantuckett. Military Comissions for Pemaquid. June 26. Saggadock magistrates or offic rs to continue, the Co rt fo try onely for 40 s instead of 5 lb formerly granted them. * * * * Land to be given out indifferently to those that shall come 1 It will be seen that Gyles Goddard actually represented Cornwall county during one session. 36 Copies of Documents Relating to the & settle, but no trade to bee at any other place than Pemaquid & none at all with the Indyans as formerly ordered. * * # * — [Idem, pp. 35, 36. A Commission for Cap 1 ffrancis Skinner to he Command 1, att Pemaquid and Parts Eastward. By the Comander in Chiefe I doe hereby Constitute and appoint you Cap* ffrancis Skin- ner to be Command 1 " att Pemaquid and Parts Eastward under the Governm*. of his Roy 11 . Higlmesse * * Given und r my hand and Seale in New Yorke this 30 th of August 1681. A. B. [Anthony Brockholles.] — [Idem, p. 45. A Letter from Cap 1 Brochlwlls to Justice Josline att Pema- quid, New TorJce August 24' A 1682. Sh- in Answer to yo r s of the 17 th : July I am Glad to heare of the Settlement of yo r Partes which must be Encouraged and is Left to your Mannagment with the advice of the Com- mander and those in Place According to the Regulacons and Orders given by the Governo 1- , which still Remaine in Force and must be Attended and Observed accordingly The num- ber of Persons you mencon will add much to the strength and trade of the Country which Shall Endeavour to Supporte the Proper plans for Settlem*. You are best Acquainted with Therefore Left to you as Aforesaid to order the Laying out what wrott by Castine is of noe Importe you Knowing the Extent of his Roy 11 High 3 Limitts which must be Maintained according to his Pattent Yo r Affectionate ffriend — [Idem, pp. 58, 59. A. B. Boundaries of the State of New York. 37 Commission for Settling the Duke of York's Title. [Novem- ber, 1683.] . Coll Tho. Dongan Liev 1 Gov 1 " and Vice Admirall under his Royall High, 88 of New Yorke & Dependencyes in America. By virtue of the authority Derived unto me I do hereby Constitute and appoint you, Ensigne Thomas Sharp John Allen Esq. Justices of the peace M r Richard Pattishall M r Alex r Waldrop M r Thomas Gyles or any three of you to be Commissioners for the settling his Royall Highne 8 territoryes between the River Kenebeck and S l Croix Giving you full power and authority to act as commissioners and to consult make rules and orders for the good and wellfare of the said places and Government and to call to question and pun- ish all offenders according to law and practise and all persons whom it may concerne are strictly charged & required to give you due respect & obedience accordingly * * — [Idem, pp. 59, 60. At ffort James in New Yorke September the 13 th 1686. [1683.] * -*- * * Ordered that John Allen be made Sherriff of Pemaquid & Dependences, as Islands & whatever is thereto belonging, & he is to appoint the freeholders of Pemaquid & Dependences to meet & Chose one Representative * * * * — [Idem, p. 73. Petition from the Inhabitants of Pemaquid. To the Honred e Coll Thomas Dongan Left. Govern 1- * * and to his Hone rW Counsell now Sitting att New Yorke The humble Petion of the inhaby tance of the Extreme partes of his Riall Hiness Teritory Betwene the Riuer Kenybeke and S" Croix Humbly Sheweth * * Affter seurill yeares suffring By ouer Great Distant ffrom New Yorke whare wee are all wayes to have oure Releese in such and the Licke Cases — 88 Copies of Documents Relating to the P r mis the Boody of Lawes of New Yorke and the adjasent partes of his Ryall Hiness territory hath not these partes in it Thare ffore humbly Request that wee may bee A mimber of that Boody — 2'y — Thare has ben but one l appointed ffor these partes which all Cases Com beffore and if Injustis Don any man vnder correeation bee it spoocken to the Loos of his Estate or Dammige to his parson this Law Appointes noe Appeall ffor vs which priueliges is a Lowed of By y or Hon r and Counsell at New Yorke and thare ffore hope yo r Hon er will prouide som way ffor ouer Releese * * * * — [Idem, pp. 81-83. At a Council Apr 21 st 1684 •* * * * A petition from New Dartmouth for a patent 2 referred until! the Governo r go to Pemaquid A petition fro m M r Alley n for y e same referred untill the Governo r go to Pemaquid & both given back to M r Giles Goddard. — {Idem, p. 94. Commission of Gyles Godard as Surveyor. Thomas Dongan Lieu* and Governor &c Whereas by the Severall Petticons of the Inhabitants of Pemaquid it appears to be Convenient and necessary to have a Surveyor in the County of Cornwall I have therefore thought fitt to Constitute and appointe Giles Godard Esq r to be Sur- veyor of the said County and to Lay out any Tract or Parcell of Land not Exceeding the quantity of one hundred acres for Each Person and alsoe to survey all Toune Shippe not already Surveyed not any wayes Prejudiciall to any Persons Right or Interest and to make a Returne thereof to me for which this 1 Part of record lost. 2 For a copy of this petition, see Hough's Pemaquid Papers, pp. 95-100. Boundaries of the State of New York. 39 shall be your Warrant. Given under my hand and seale att Fortt James in New Yorke the 22 d day of October 1684. Passed the Office, Tho : Dongan J. Spragge Sec r . — {Idem, pp. 106j 107. Royal Order for the Surrender of Pemaquid to Massa- chusetts. James R. Trusty & well beloved wee Greet you well. Whereas wee have thought iitt to direct that our ffort & Country of Pema- quid in Regard of its distanc6 from .New Yorke bee for the future annexed to & Continued under the Governm* of our territory & dominion of New England our will & pleasure is that you forthwith Deliver or cause to be delivered our said ffort & Country of Pemaquid with the Greate Gunns 1 amniu- nicon & stores of warr together with all other vtensills & appurtennces belonging to the said ffort into the hands of our trusty & welbeloved S r Edmund Andross Knight our Captaine Generall & Governour in Cheife of our territory & dominion of New England or to the Governour or Comman- der in Cheife there for the time being or to such person or persons as they shall Impower to receiue the same and for soe doing this shall be your warr". Given at our Court at Windsor this 19 th day of Sept r 1686 & in the second yeare of our Reigne. By his Ma ties Comand Sunderland CI. — [Idem, pp. 130, 131 ; Deeds, viii, 75. Sheepscot. * * * * The loss of the " Sheepscot Records," 3 or what was some- times called " The Records of the Eastern claims of lands," 1 The Great Guns from the Fort at Pemaquid, after being carried to Bos- ton, were by order of the King in the spring of 1691, transferred to New York. (N. Y. Coll. MSS., xxxvii.) a Supposed to have been destroyed in the fire which consumed the Gov- ernment House in Boston about 1748. — [Maine Hist. Soc. Coll., iv, 228. 40 Copies of Documents Relating to the was irreparable. It was commenced by Walter Phillips of Damariscotta, who was chosen clerk of the commissioners appointed by the Duke of York, to settle his affairs in this section of country. It was entitled " The rolls of such Acts and Orders, passed the first session holden in the territories of his Highness, the Duke of York ; on the Eastern and North- ern side of Sagadahock, and extending to Novascotia ; begun at the house of John Mason on the Sheepscot River, Sept. 15th, iu the 17th year of our Sovereign Lord, the King, Anno Domini 1665." This contained a Registry of grants under the Duke of York, of Indian deeds and other conveyances, and was continued about 15 years, or till after the settlement was destroyed. * * * * — [Maine Hist. Soc. Coll., iv, 209, 210. * # * * Although the precise year of founding this settlement is not known, yet it is quite certain that it was done as earl}' as the above named year [1621] ; for " In 1630," says Sullivan, " there were fifty families on what were called the " ' Sheepscot Farms.'" * * * * My own x opinion is, that it was the most important and most populous of all the settlements made at that time in this region, that of Pemaquid alone excepted. It was here that the Duke of York established his County seat and had the principal busi- ness of his extensive province transacted. * -* % * Two elements of national character most probably entered into the formation of this settlement — the English and the Dutch. For while the names of the settlers which are found written in the Chronicles of the times, are of English origin, relics of manufactured articles, evidently of Dutch origin have been found in considerable quantities, among the ruins of this ancient settlement. * * -* -x After the territory passed into the hands of the Duke of York, he appointed Commissioners to settle the affairs of Maine. Sept. 5th, 1665, they met at the house of John Mason, who 1 The writer is Rev. David Cusliman. — [P. Boundaries of the State of New York. 41 lived on the East Bank of Sheepscot River, at the " Great Neck," not far from a " Block House or small fort." There they erected the territory into a county by the name of Corn- wall. The settlement at Sheepscot, together with what now comprises Newcastle, received the name of New Dartmouth ; and they established the line which divided this county from Pemaquid. * •& * * This section of country has passed through quite a variety of hands. In 1606, King James I, granted the Patent of "North and South Virginia, to an association of gentlemen which included all the territory lying between the 34th and 45th degrees of North latitude. In 1618, the grand Patent was issued to the council of Plymouth, another association of gentlemen whose head quarters were in Plymouth, England. This included all the territory lying between the 10th and 48th degrees of latitude. They held possession of this immense tract of country till 1635, when this council broke up and the whole territory was divided into 12 Royal Provinces. The first of these provinces embraced the country lying between the St Croix and Pemaquid, and from the head of the latter river to the Kennebeck in the nearest distance ; thence upward to its source. This was called the '' County of Canada," and was assigned to Sir Win. Alexander, Earl of Stirling. It included the Muscongus grant, and the Easterly halves of the Pemaquid and Kennebeck Patents, extending to the 48th decree of North latitude. This division embraced the settlement at Sheepscot, and in 1664 was assigned to the Duke of York, afterwards James II. who gave it the name of the " Territory of York ; " but the Duke's agents called it Newcastle ; it being the same name given to the southernmost section of his patent on the Delaware. The Duke continued his claim to this territory till his abdi- cation, which occurred in the 25th year of his reign, when it reverted to the Crown of England. But the days of this colony were soon numbered. It was destined to fall during James' administration. But a half 6 42 Copies of Documents Relating to the century had passed away, when the war between the New England colonies, and King Phillip broke out and raged with terrible fury. * * * * At that time, all the settlements on the Kennebeck river, together with those on Parker's and Arrowswick Islands, Cape Newaggan, Damariscove, New Harbor, Muscongus, Damaris- cotta, Pemaquid, St. George, besides scattered buildings in various places, were entirely consumed. The heathen left nothing remaining, and the land lay desolate many years. * * * * — [Idem, iv, 218-223. Ancient Pemaquid. 1 The history of Ancient Pemaquid has a peculiar interest not belonging to any other point on our shores. It unites us intimately to one of the principal commercial cities of Eng- land, for a lengthened period, second only to London ; and with singular happiness, this historical affiliation is perpetuated in her recent corporate name, Bristol. * # * * The merchants of Bristol were early and deeply engaged in the enterprises of American discovery, and England's most distinguished navigator [Hakluyt] was from that port. * * * * Among the British merchants we recognize the names and families of Aldworth and Elbridge, attractive to us as the Patentees of Pemaquid. * * * — [Maine Hist. Soc. Coll., v, 147-149. * * Verily, Pemaquid forms the initial in New England Colonization, and this we have on the high authority of him whom we proudly claim as the Founder of Maine [Ferdinando Gorges.] * * * * — [Idem, v, 157. Pemaquid, like Acadia, appears to have been of indefinite extent ; but under this general name there seems to have been 'Ancient Pemaquid; An Historical Review. Prepared at the request of the Maine Historical Society, for its Collections, by J. Wingate Thorn- ton. Boundaries of the State of New York. 43 embraced at a later date Monhegan, and its companion, the islet of Honanis, the cluster of the Damariscove islands, and territory somewhat beyond the peninsula of Pemaquid proper. This euphonious title, which had designated this locality, for centuries, perhaps, before the discovery of the New World, and now so happily preserved, is supposed to be in the Indian tongue, nearly equivalent to our word promontory, — land jut- ting or reaching out into the sea, — a beautiful instance of the pictorial language of the primitive race. — [Idem, v, 181. * * *• * It is a glory to Pemaquid, that she can claim Samaset, or Sammerset, as her Lord or Sagamore, and as such he is enti- tled to our special attention. It was he who welcomed the Pilgrims at Plymouth, and seemed to them as God's messen- ger to prepare the way for them in the wilderness. * * — [Idem, v, 186, 187. * * At this period, [1625], Pemaquid was probably the busiest place on the coast, though Conant was then laying the foundation of Massachusetts at Cape Anne, and the Pilgrims at Plymouth were struggling for life. Weston Thomson and Gorges, were here. * * * * — [Idem, v, 194. •& * * * Every year added to the number of settlements, and Pema- quid was now [1631] looked upon as an old colony. * * The futile and unhappy attempts to monopolize the trade and fisheries on our seas were a prolific source of discord and petty quarrels, highly injurious to the interests of the colony, and detrimental to the adventurers in England, because it embroiled them in the angry political strifes of the times. Their misery was the price of our liberty. The exclusive grant of the fisheries in the American seas was prominent in the catalogue of royal offences, — the abuses of prerogative, and violations of the Constitution. The last of these patents was that given to Aldworth and Elbridge. * * The grunt bears date not long after the treaty of St. Germain, when " baby Charles," with that recklessness of national interest and honor 44 Copies of Documents Relating to the which made the Stuarts detestable, conveyed to France the whole of Canada and Acadia. This tolly was the greater, because the limits of Acadia were left undefined. Pemaquid was within this doubtful jurisdiction, and from this time became one of the most important points in the colonial struggles of the two nations, and its fate depended chiefly on interests external to itself. It ranked as a military post, and its history is to be found in the State archives at Paris and London, at Boston and Albany, and at Toronto. From this it will be seen that Pemaquid has a twofold interest, — one, as illustrating the influence of European politics on the American colonies, and the other, the no less exciting story of its own romantic fortunes. * * * * — [Idem, v, 198, 200, 201. * -35- * * The interests or wishes of the people, if they presumed to have any, did, in fact, enter not at all into the consideration of the King, who disposed of their territory upon the caprice of the moment, and for merely personal objects, so that we are but little surprised by the gift of March 12th, 1664-5, to his brother James, the Papist, of the territory between the St. Croix and Pemaquid river. This was included in the Patent with New York. The Duke left them for years without any attention ; yet if they had attempted self-government, after the precedent in Massachusetts, they -would have been crushed. * * But, about this time, the visit of the Royal Commis- sioners caused a spasmodic action ; they commissioned Henry Jocelyn, Esq., Rev. Robert Jordan, Mr. Thomas Gardner of Pemaquid, Mr. George Munjoy, Capt. Nicholas Raynol, and Mr. William Dyer, who took the oaths of allegiance and supremacy, and of a justice of the peace, on the fifth of September, in John Mason's house, on the Sheepscot. * * The Massachusetts, puritan, or republican influence was steadily progressing, and only a small minority of the inhabit- ants appeared to swear allegiance to the new authorities. There were none from Monhegan, and only four from Pema- quid ; Henry Chamness, Edmund Arrowsmith, George Buck- land, and last of all, " Mr. Thomas Elbridge." * * Boundaries of the State of New York. 45 [t was all in vain ; and Thomas Elbridge lived long enough to sign with his fellows, a "Humble Request" to the- Puritan Commonwealth, that they would " please so farr to favour us as to take us under your government and protection, that we may all have the Benefit of all those Laws settled amongst yourselves granted unto us." * * * For the next few years, there is little of moment in the local events. The struggles for jurisdiction in the east waxed warmer and warmer between Massachusetts and the crown: the former had the advantage of popular favor ; but this belongs rather to the general history of the State. The ever varying terri- torial names sufficiently indicate the fluctuating and uncertain tenure of authority. " The Duke of York's property," " The Territory of Sagadahock," " New Castle," " County of Corn- wall," " Devonshire," appear in quick succession. * * — [Idem, v, 235-238, 242. * * While the Council at Whitehall were fearful, and hesitating, Massachusetts proceeded with firmness in her rights. Under an act of May, 1671, George Munjoy of Falmouth ascertained by actual survey that Pemaquid and Monhegan, and other settlements were within her charter limits, and reported that "all the inhabitants East along, seemed much to desire " their government. This report was made in May of the year 1672. In the spring of the next year, the " Gents," " inhabitants of Pemaquid," were surprised by a letter from their " very affectionate friend," Lovelace of New York, depre- cating censure for the Duke's total neglect of them for eight long years, and asking them what government would most conduce to their happiness and increase, and offering to invest them with ample power in both " Ecclesiastick and civil affayres." * * This benevolent design was frustrated by the Dutch, who captured New York, in the next July, and the pious Lovelace fled to England. Again the Peinaquiders were without a Shepherd. As abundant evidence of the popular wish and favor towards Massachusetts accumulated, the Puritan Commonwealth yielded to their prayers, and 46 Copies of Documents Relating to the under her authority a Court was held at Pemaquid on the 22d of July, 1674, the Commission for which, and the report of the proceedings under it, are found in the Colony Records. -x * *■ * On the first of July, 1674, Major Edmund Andros was com- missioned Governor of the territory between the St. Croix and Pemaquid. This did not disturb Massachusetts, and in May, 1675, she appointed Capt. Thomas Lake and others, to hold the courts in " Devonshire," as usual, and again in 1676, May 5th, they were commissioned to the same duty. But tragic and fearful events were now rapidly approach- ing ; the gathering cloud hushed every thought but that of personal safety ; * * but ere thought had become action, escape was too late, and every settlement, yesterday in security and peace, was now laid waste by indiscriminate slaughter ; * # # # News of the violence at Casco reached the Kennebec, and the next two days, August 13th and 14th, 1676, witnessed the destruction of the English settlements in " Devonshire County ;" — Pemaquid, New Harbor, Corbins' Sound, and Windgin's were all seen on fire within the same two hours. ■* * * % — [Idem, v, 247, 248, 250, 253. * * There is no doubt that Edmund Andros winked at the beginning of King Philip's terrible career, that he abandoned the Duke's Eastern territory and settlements, that Massachu- setts was at first alone in aiding the Maine frontiers, and that when the country was, as he himself reported, " wholly deserted by the Indians," this Munchausen again took posses- sion. This was in June, 1677. * * " Royall Highness " sloop with four guns, was appointed to guard the coast and fisheries. * * Andros endeavored to create a monopoly of fishing on the Duke's coasts, and established a. custom house at Pemaquid, with a view to exclude Massachusetts from any further interference there. They soon made peace with the Indians, in which Massa- chusetts was included. * * Boundaries of the State of New York. 4? Efficient measures were adopted for the settlement of Pei nil- quid, " the extreme parts of his Rial] Hiness territory Betwene the River Kenybeke and St. Croix." * * * The inhabitants and fishermen of Pemaquid cared no more for " Riall Hiness," than did their fathers for Royal patents. At last these Pemaquiders, eighteen of them, in the year 1683, said to " Riall Hiness," in tolerably plain English, that they did not like his laws, or his governors, and that they would like to "bee a member of that Boody," at the other end of " Royall Hiness territory," and try to govern themselves. * * This serious remonstrance from the next door neighbors of the impracticable Puritans was not ineffectual ; they " met and chose one Representative " of " the freeholders of Pema- quid and Dependancies," to go to New York. Mr. Gyles Goddard was the man ; he carried two petitions from the people, but they were returned to him, with an order to wait the governor's leisure to visit Pemaquid. This is the whole record of Mr. Giles Goddard's parliamentary life. To induce people to immigrate to Pemaquid, large grants of land were made, with a recklessness that led to endless " disorders and confusions." They first made grants, and then sent a sur- veyor to locate the territory, if it could be found. * * * * His "Riall Hiness" became his "Majesty" James IT., and his province reverted to the Crown ; he appointed the detested Andros " Governor of New England," and on the nineteenth day of September, 1686, ordered that the fort and country of Pemaquid, with the great guns, ammunition and other stores of war, should be transferred to the government of New England. 1 Thus was dissolved an unnatural and inconvenient political relation between the remote territory of New York and Pemaquid. * • * * — [Idem, 258, 259. 261, 263-5. 1 The details of these general Statements may be found in the Albany [Hough's] Pemaquid Papers. 48 Copies of Documents Relating to the Dukes County — Nantucket, Martha's Vineyard, and adjacent islands. * * * * 1668. The islands of Martha's Vineyard and Nantucket, although contiguous to the coast of New Plymouth, were included by name in the Duke of York's Patent. In 1641 they had been conveyed by Stirling and Gorges to Thomas Mayhew and his son, who, after 1654, finding that they were out of the jurisdiction of Massachusetts and New Plymouth, exercised a kind of independent government in their remote habitations. * * * * 1671. Nicolls had appointed Thomas Mayhew to superin- tend affairs there ; but as the relations between those islands and New York were vague, the governor notified their land- holders to take out fresh patents. Mayhew accordingly came to New York in behalf of Martha's Vineyard, and Tristram Coffin, with Thomas Macy, represented Nantucket. Lovelace readily made Nantucket a township, and commissioned Coffin its chief magistrate, in subordination to New York. A simi- lar patent was granted to Martha's Vineyard, of which the venerable Mayhew was appointed governor during his life. His grandson, Matthew Mayhew, was also commissioned as collector of the duke's customs for the several islands. * * 1673. At Martha's Vineyard, affairs went quietly on under the government of Mayhew, and a code of laws was passed at a General Court held at Edgartown. Nantucket, however, " would not proceed " in the same way ; and Lovelace appointed Richard Gardner its chief magistrate, in place of Coffin, with instructions. One of these was that the island should thereafter be known as the town of Sherborne. ■* * * * 1674. Although Pemaquid, Martha's Vineyard, and Nan- tucket had been included in the Duke of York's patent, and had been governed by Nicolls and Lovelace, they were not comprehended in Colve's commission. 1 This produced a sort 1 Colve was Governor during the brief supremacy of the Dutch, in 1673. -[P- Boundaries of the State of Njsw York. 49 of interregnum in those secluded regions, and many disorders occurred. Some of the " opposition " inhabitants of Martha's Vineyard and Nantucket riotously endeavored to " transfer " them under the government of Massachusetts ; but, through the firmness of the venerable Thomas Mayhew, they were held for the duke — the arrival of whose new governor was patiently waited for, " as in time of great drought, for the latter raine." Mayhew was accordingly reinstated in his " first right " ; and the ringleaders in the late disorders were directed to be punished. Nantucket soon after declared that the coming of the duke's governor was to them " as the rising sun after a dark and stormy night." It was therefore ordered that the two islands should continue to enjoy their former privileges in subordination to the government of New York, and that the old magistrates should retain their places. 1680. At the Court of Assizes this autumn, justices attended from New Jersey, Nantucket, and Pemaquid. 1 * * — [Brodhead's Hist, of N. Y., ii, 138, 173-1, 199, 278, 335. Prudence Island — "Sophy Manor." " A Patent or Confirmacon of Prudence Island Graunted unto M 1 ' John Paine," was issued by Governor Lovelace, on the 25th day of July, 1672. It is described in, the Patent as " a Certaine Island scituate lyeing & being in Narhygansett Pay comonly called and Known by the Indyan Name of Clieba- tewesett & y e English Name of Prudence Island which Stretcheth itselfe Length wise nearest North and South in the said Bay w ch said Island was heretofore Purchased for a Valluable Consideracon of the Sachems of the Narhigansett & other Indyans true Proprieto" thereof by the Predecesso 1-8 of M r - John Paine & himselfe in the Possession and Occupation 1 The Court of Assizes was composed of the Governor, Members of the Council, High Sheriff and such Justices of the Peace as might attend. * * In addition to Judicial, this Court exercised a sort, of Legislative power, and registered the Edicts of the Duke of York, and of the Governor and Council. * * It was abolished in 1683. — [JST. 7. Civil Lid, 1870, pp. 43,. 44. 50 Copies of Documents Relating to the of whom it hath Continued for the space of Thirty Yeares & upwards & soe doth still remaine. * * & y e said p r sent Proprietor John Paine having been made acquainted that the said Island Together w th many other Islands in those Parts are included in his Royall Highness his Gen 1-11 Patent from his Ma tie as by a Commission under the Great Seale of England appeares and is expressed in these and other inclusive words, And also all those Severall Islands called and knowne by the Name of Martins Vineyard and Nantukes otherwise Nantukett Together w Ul all the Lands Islands Soyles Rivers Harbo rB & doth properly belong to this Province the w ch is likewise the Desire of the said John Paine that the said Island and Inhabitants should be Govern'd & bee under the Protection of his Royal! Highness the w ch I have thought fitt and reason- able to Grant " * * by the name of Sophy Manno r *• * " Orders & Priveledges for y e Welfare & Good Governm 1 of Prudence Island " are recorded with the aforesaid Patent. 1 — [Patents, iv, 86-90. Newcastle, Kent and Sussex : — now part of Pennsylvania. * * * # This province [Pennsylvania] and territories are by three distinct grants. 1. The province of Pensylvania by patent from K. Charles II. dated March 4, 1680-1. 2. The duke of York, 1683, August 24, sold to William Penn the elder, his heirs and assigns, the town of Newcastle alias Delaware, and a district of 12 miles round Newcastle. 3. Duke of York by another deed of sale August 24, 1683, made over to said William Penn, his heirs and assigns, that tract of land from twelve miles south of Newcastle, to the Whore-kills, other- wise called Cape-Henlopen, divided into the two counties of Kent and Sussex ; which with Newcastle district, are com- monly known by the name of the three lower counties upon Delaware river. * * * # — [Douglass' Hist, of N. A., ii, 297. 1 Disallowed by K. I., and authority resisted.— [Hough's Gazetteer of N. F (1872), p: 48. Boundaries of the State of New York. 51 Lords of Trade to Lord Combury, May 1, 1706. To the Right Hon ble the Lord Cornbury Governour of New York. * We have not received the Copy of King Charles the second's grant to the Duke of York for Lands from S l Croix to Delaware Bay, mentioned to be in your Lord p 's letter of the 20 th of November ; * * however we have an entry in our Books of the said grant, * * and are satisfyed that Newcastle and the two lower Counties, are not included in the grant ; but M r Penn having a lease thereof from the Duke of York who was in possession, he does insist upon his own right by virtue thereof. * •* * # — {N. Y. Col. Doc, iv, 1175. Secy. Matlack to Agents of Pennsylvania. Philada. Novr. 30, 1782. * * * * After diligent search no other release from the Duke of York can be found than what relates to New Castle and the islands in Delaware &c. It is probable the record of his release of Penns. has been entered in New York, part of the records of that State are at Esopus & part in New York city, to the former Mr. Osbourne may have recourse. * * * # — [Penn. Archives, ix, 694. Fisher's Island, — The North Easterly Part of Suffolk County. 1668. * A few miles from Stonington, in Connecticut, is island, about nine miles long and one broad, which the Dutch discovered in 1614, and named the " Visscher's" or Fisher's Island. As it was near the mouth of the Mystic, John Winthrop obtained a grant of it in 1640 from Massachusetts, and in the following year the assent of the Hartford' Court ; and in 1644, he bought it from the savages. But, as it was included in the Duke of York's patent, Winthrop procured from Nicolls a confirmation to himself of Fisher's Island " as an 52 Copies of Documents Relating to the entire enfranchised township, manor, and place of itself; and to have, hold and enjoy eqnal privileges and immunities with any other town, enfranchised place, or manor, within the government of New York; and to be in no wise dependent upon any riding, township, place, or jurisdiction whatsoever." In vain Connecticut afterward attempted to assert her authority over Fisher's Island. It still forms part of Suffolk county, in the State of New York, and was, until recently, owned by Winthrop's descendants. * * — [Brodhead's Hist, of N. Y., ii, 139. Second Massachusetts Charter. October 7, 1691. WILLIAM and Mary, by the grace of God, of England, Scotland, France, and Ireland, King and Queen, defenders of the faith, &c. To all to whom these presents shall come, greeting. Whereas * * And whereas several persons employed as agents in behalf of our said colony of the Massa- chusetts Bay, in New England, have made their humble application unto us, that we would be graciously pleased, by our royal charter, to incorporate our subjects in our said colony, and to grant and confirm unto them such powers, privileges, and franchises, as in our royal wisdom should be thought most conducing to our interest and service, and to the welfare and happy state of our subjects in New-England. And we being graciously pleased to gratifie our said subjects ; and also to the end our good subjects within our colony of New-Plymouth, in New-England aforesaid, may be brought under such a form of government, as may put them in a better condition of defence ; and considering as well the granting unto them, as unto our subjects in the said colony of the Massachusetts Bay, our royal charter, with reasonable powers and privileges, will much tend, not only to the safety but to the flourishing estate of our subjects in the said parts of New- England, and also to the advancing of the ends for which the said plantations were at first encouraged, of our special grace, certain knowledge, and mere motion, have willed and ordained, and we do by these presents, for us, our heirs and successors, will and BOUXDARIES OF THE STATE OF NEW YORK. 53 ordain, That the territories and colonies commonly called and known by the names of the colony of the Massachusetts Bay, and colony of New-Plymouth, the province of Main, the terri- tory called Accada, or Nova Scotia ; and all that tract of land lying between the said territories of Nova Scotia, and the said province of Main, be erected, united and incorporated : and we do by these presents unite, erect and incorporate the same into one real province, by the name of our province of the Massachu- setts Bay, in New-England ; and of our especial grace, certain knowledge, and mere motion, we have given and granted, and by these presents, for us, ouy heirs and successors, do give and grant, unto our good subjects the inhabitants of our said pro- vince or territory of the Massachusetts Bay, and their suc- cessors, all that part of New-England, in .America, lying and extending from the great river commonly called Monomack, alias Merimack, on the north part, and from three miles north- ward of the said river to the Atlantick or Western Sea or Ocean on the South part, and all the lands and hereditaments what- soever, lying within the limits aforesaid, and extending as far as the outermost points or promontories of land called Cape- Cod, and Cape-Malabar, north and south, and in latitude, breadth, and in length, and longitude, of and within all the breadth and compass aforesaid, throughout the main land there, from the said Atlantic or Western Sea and Ocean, on the east part, towards the South Sea, or Westward, as far as our colonies of Rhode-Island, Connecticut, and the Narraganset country. And also, all that part and portion of main land, beginning at the entrance of Piscataway Harbour, and so to pass up the same into the river of Newichwannock, and through the same into the furthest head thereof, and from thence north-westward ; till one hundred and twenty miles be finished, and from Piscataway Harbour's mouth aforesaid, north-eastward along the sea coast to Sagadahock, and from the period of one hundred and twenty miles aforesaid, to cross over land to the one hundred, and twenty miles before reckoned up, into the land from Piscataway harbour through Newich- wannock river, and also, the north half of the isles of Shoals, 54 Copies of Documents Relating to the together with the isles of Capawock, and Nantuckett near Cape-Cod aforesaid; and also the lands and hereditaments lying and being in the country or territory, commonly called Accada or Nova Scotia ; and all those lands and hereditaments lying and extending between the said country or territory of Nova Scotia; and the said river of Sagadahock, or any part thereof ; and all lands, grounds, places, soils, woods, and wood- grounds, havens, ports, rivers, waters, and other hereditaments and premisses whatsoever, lying within the said bounds and limits aforesaid, and every part and parcel thereof. And also, all islands and islets lying within ten leagues directly opposite to the main land, within the said bounds ; and all mines and minerals as well royal mines of gold and silver, as other mines and minerals whatsoever in the said lands and premisses, or any part thereof. To have and to hold the said territories, tracts, countries, lands, hereditaments, and all and singular other the premisses, with their and every of their appurte- nances, to our said subjects the inhabitants of our said pro- vince of the Massachusetts Bay in New-England, and their successors, to their only proper use and behoof, for evermore. * * * * And our will and pleasure is, and we do hereby, for us, our heirs and successors, grant establish, and ordain, That yearly, once in every year, for ever hereafter, the aforesaid number of eight-and-tweiity councillors, or assistants, shall be by the general court or assembly, newly chosen ; that is to say, eighteen at least of the inhabitants of, or proprietors of lands, within the territory formerly called the colony of the Massa- chusetts Bay, and four at least of the inhabitants of, or pro- prietors of lands within the territory formerly called New- Plymouth, and three at least of the inhabitants of, or pro- prietors of land within the territory formerly called the Province of Main, and one at the least of the inhabitants of, or proprietors of land within the territory lying between the river of Sagadahock and Nova Scotia : # # * ■* Provided also, That it shall and may be lawful for the said Boundaries of the State of New York. 55 governor and general assembly, to make or pass any grant of lands lying within the bounds of the colonies formerly called the colonies of the Massachusetts Bay, and New-Plymouth, and province of Maine, in such manner as heretofore they might have done, by virtue of any former charter or letters patents ; which grants of lands, within the bounds aforesaid, we do hereby will and ordain, to be and continue, for ever, of full force and effect, without our further approbation or con- sent ; and so as nevertheless, and it is our royal will and pleasure, that no grant or grants of any lands lying or extend- ing from the river of Sagadahock, to the gulph of St Lawrence and Canada rivers, and to the* main sea northward and east- ward, to be made or past by the governor and general assem- bly of our said province, be of any force, validity or effect, until we, our heirs and successors, shall have signified our or their approbation of the same. * •* * •* In witness whereof, we have caused these our letters to be made patents. Witness ourselves at Westminster, the seventh da}' of October, in the third year of our reign. By writ of Privy Seal, PIGOT. — [Lucas 1 Charters of Old English Colonies, j>P- 68, 74, 75, 77-8, 82, 85. On the Succession of William and Mary to the Throne of England, a new Charter was granted to New England, in which Nantucket was expressly declared a Part of Massachu- setts. Concerning Martha's Vineyard, the Language of the Charter was less definite, which gave rise to an angry Dispute between the two Colonies, and an Appeal by the Qovernment of New York to the Decision of the Crown. There had been for many Years a Party upon the Islands who preferred the Jurisdiction of Massachusetts, and Oct. 15, 1673, many of the principal Freeholders of Martha's Vineyard had petitioned to be transferred to that Government. * * * * — [Hougti 's Nantucket Papers, pp. xvii, xviii. 56 Copies of Documents Relating to the ) At a Council at Fort William Henry, the 13 th of ffeb., 1692. * * His Excell 7 did recommend to the Council to meet this Afternoon to consult of a Letter from S r William Phips, dated the 2 d of January, come to Hand yestarday, with a printed Copy of the New England Charter, and to give him their Opinion under their Hands concerning Martha's Vine- yard. a At a Council held at ffort William Henry, the 14th of ffeb., 1692. Ordered, the Opinion and Advice of the Council concerning gr WiUm pijjpg i/e and Martin's Vineyard be entered in the Council Book. Ordered, the Addresse of the Council to their Ma tles setting forth the Circumstances of this Government, be entered in the Council Book. Opinion and Advice of the Council concerning Martin? s Yineyard. * * -x- * New York the 13 th of February, 1692. His Excellency Ben. Fletcher, &c, this Day having recom- mended to our Consideracon a Letter from S r William Phips dated the 2 d of January last, come to Hand yesterday with a printed Copy of their Ma ties L res Patent for erecting and incorporating the Province of the Massachusetts Bay, in New England, not attested concerning Martin's Vineyard, and desired our Advice. Upon Perusall of the s d printed Copy, having duely con- sidered the same, and the Piatt of New England before us, we doe finde that the North Halfe of the Isles of Shoals opposite to the Mouth of Piscataqua River, and the Isles of Capoag and Nantuckett to the Westward of Cape Cod, are nominally included in the said Grant, and in more general Words all Islands and Islettslyeing within tenn Leagues directly opposite to the Maine Land, within the Bounds of the s d L res Patents which we are informed are many hundreds. Boundaries of the State of New York. 57 And we are humbly of Opinion that forasmuch as their Ma ties have ascertained the North Halle of the Isles of Shoals to the Massathusetts Bay, leaving the South Half to the Province of New Hampshire, those Islands lying dubiously opposite to the Province of Main and Hampshire, and the Islands of Capoag and Nantuckett to the Massathusetts Bay, both which are to the westward of Cape Cod, which is the southernmost Bounds of their Patent, they can have noe Pretences by the s d L res Patents to Martin's Vineyard or any other Island to the westward of Nantuckett, which we humbly submitt and desire yo r Excellency will be pleased to recom- mend the same to their Ma ties by their Secr y of State for their Decision in that Affair. * * * * Address to the King. The humble Addresse of your Majestyes Council for your Ma tles Province of New Yorke and Territoryes depending thereon in America. Most Dread Soveraignes : * * Sir William Phips * * doth not desist persuading other Parties equally destructive to your Maties Interest, as by seizing of Martin's Vineyard, a Member of this Government ever since its first Settlement, under yo r Maties Crown, tho' it be neither by Name in the Massathusetts Charter, nor by yo r Maties Command to yo r Maties Governor here ordered to be delivered. By reason whereof your Maties Peace is much disturbed, the Authority derived from the Crown impaired, and the Strength of this yo r Maties Province weakened, which is humbl} 7 submitted, * * * New York, Feb. the 10 th , 1692. — [HowjVs Nantucket Papers, 146-148, 150-153. s 58 Copies of Documents Relating to the Confirmation of the Agreement and Survey of the Line between New- York and Connecticut. At the Court at Kensington the 2S th Day of March 1700. Present — The King's Most Excellent Majesty. [and twelve officers of State.] Whereas at a Council held at Fort James in New York, the 23 d of November 1683 Certain Articles of Agreem* were concluded, Between Collonel Thomas Dongan, then Gover- nour of that Province, and the Council of the said Province On one side, and Robert Treat Esq 1- Governour of the Collony of Connecticut, Major Nathaniel Gold, Captain John Allyn Secretary, and M r William Pitkin in Commission with him from Connecticut on the other side, in the words following: — It is agreed that the Bounds Meers or Dividend between his Royal Highness's Territories or Province in America and the Collony of Connecticut for ever hereafter, shall be att a Cer- tain Brook or River called Byram Brook or River, which River is Between the Towns of Rye and Greenwich, that is to say, att the Mouth of said Brook, where itt falleth into the Sound, att a Point called Lyons Point, which is the Eastward Point of Byram River, and from the said Point to go, as the said River Runneth to the Place where the Common Road or wading Place over the said River is, And from the said Road or wading Place, to go North, North West into the Countrey, so farr as will be Eight English Miles from the foresaid Lyons Point ; And that a line of Twelve miles being measured from the said Lyons Point, according to the Line or General Course of the Sound Eastward, where the said Twelve miles endeth, another line shall be runn from the Sound Eight Miles into the Countrey North, North West, And also that a Fourth line be runn, that is to say, from the North most End of the Eight Mile Line, being the third mentioned Line, which Fourth line, with the first mentioned Line, shall be the Bounds, where they shall fall to Runn ; And that from the Eastward End of the Fourth mentioned Line (which is to be Twelve miles in length) A line Parralel to Hudsons River in Every Point, twenty Miles distant from Hudsons River shall be the Bounds Boundaries of the State of New York. 59 there Between the said Territorys or Province of New York and the said Collony of Connecticut, so farr as Connecticut Colony doth Extend Northwards, that is to the South Line of the Massachusetts Colony. Only itt is Provided, that in case the Line from Byram Brooks mouth North, North West Eight miles, and the Line that is then to Run twelve miles to the End of the third forementioned Line, of Eight miles, do diminish or take away Land within Twenty miles of Iludsons River, that then so much as is in Land Diminished of Twenty miles from Iludsons River thereby shall be added, out of Con- necticut Bounds unto the line afore mentioned Paralel to Iludsons River, and twenty miles distant from it, The Addi- tion to be made, the whole length of the said Paralel Line and in such Breadth as will make up Quantity for Quantity, what shall be Diminished as aforesaid — That what Arrearages are due from the Town of Rye, to the Collony of Cunnecticutt for former years, and the present years Rate shall be paid to Connecticut. That two Surveyors be appointed, the One from New Yorke, and the other from Connecticut to make a Survey and Run the before mentioned Lines Partitions Limits and Bounds, Between His Royall Highness's Province of New Yorke, and the Collony of Connecticutt, And the Surveyors are to meet att the Town of Stanford on the first Wednesday of October next ensuing, and to be directed by one of the Council, and two more, Commissionated from Each Government That if it shall please the Kings Majesty and his Royall Highness to accept and Confirm these Articles, they shall be good, to all Intents for Ever, Between His Royall Highness and his Heirs and Assigns, and the Corporation of Connecti- cut and their Successors, And this Agreement to be in full force Power and Vertue, from the Day of the date hereof. In Wittnes whereof the parties above mentioned have to these Presents Interchangeably Sett their hands and Seals, att Fort James, in New Yorke the 28 th day of November in the Thirty fifth year of his Ma tlea Reign, Annoq Dom 1 1G83. And Whereas in pursuance of the aforesaid Agreem 1 an 60 Copies of Documents Relating to the Actual Survey of the Lands and Places therein mentioned was also made and Reported by the Surveyors and Commis- sioners appointed for that Service in the words following — By Vertue, and in pursuance of a commission bearing date the 26 th Day of September 1684 From the R l Hon ble Coll Thomas Dongan, Governour General of All his Royall Highness's Territories in America &a. Wee under Written did upon the first Wednesday of this Instant October, meet att Stanford, Major Nathaniel Gold, Captain Jonathan Sileck, Ensign Daniel Sherman and M r John Herriman Surveyor, Commissionated by a General Court, held at Hertford, as by the Commission they produced, bearing Date, May the 8 th 1684 doth fully appear, Wee went to Lyons Point, on the East side of Byram River, and from the mouth of said River where itt falls into the Sea, Wee measured up said River, and found itt to be One Mile and a half, and Twenty Rodds, bearing North, half Easterly, and so came to a great Stone att the wading Place, where the Road Cutts the said River, thence directed Our Course, North, North West Six miles and a half, and there marked C R • three White Oak Trees, as in the Margent, then directed Our Course West, and by North, Seaven Miles, and One hundred and Twenty Rodds, which brought us to the Norther most End of a Reach of Hud- sons River, which bears wee Judge, South and by West, a Quarter Westerly, and North and by East, a Quarter Easterly which abovesaid Line falls upon the said Reach about Three miles above Frederick Philipp's upper Mills over against Tapan, And the said River bearing North as to its General Course upward, Wee concluded the above mentioned West and by North Line, to be the Shortest from said Three mark'd Trees to Hudsons River, and having unanimously concluded that part of the Sound, from Lyons Point Easterly, to bear East North East, Wee did from said Trees, att Eijjjlt miles distance, Runn a Paralel to the Sound, (viz 4 ) East North East, twelve miles, and Still continued said Twelve mile Line, East North East, One mile and sixty flour Rodds, which then gaue Boundaries of the State of New York. 61 us twenty miles from Hudsons River, and is Eight miles North, North West from the Sound, then finding the Oblong of twelve miles, East North East, and Eight miles North, North West, did Diminish Sixty One Thousand, Four Hun- dred Forty Acres from the Twenty miles from Hudsons River, wee added to the abovesaid twenty miles upon the East North East Line Three hundred and ffiue Rodds more to Rnnn att the Additional Breadth Paralel to Hudsons River, till it meet with the Massachusetts line, which wee Deemed One hundred distant miles from Our Eight mile Line, which Severall courses with their Distances, together with three Hundred and ffiue Rodds added, do clearly appear in the Piatt by the Sur- veyors drawn, and hereto Annexed, which Addition of three hundred and ffiue Rodds, wee referr for its confirmation and Ratification to the Two Governments, from whence wee are Imployed ; And that the above written is a true Report of Our Proceedings, Wee have this Tenth of October the year above Written, Subscribed Our Names. John Youngs. ] John Bell. I Comm rs for Phillip Wells. f New York R0B T VoRKLAIN. J Nathaniel Gold. "] Jonathan Sileck. i Comm™ for Daniel Sherman, j Connecticut John Hariman. J And forasmuch as the Lords Commissioners of Trade and Plantations have represented to His Majestie upon occasion of a Late difference and Dispute between the said Province and Colony, relating to the Right of Government over the Towns of Rye and Bedford, lying on their Borders, That itt may be Necessary for Terminating of that Difference and preventing all future Disputes about the Division Line and Boundaries between the said Province and Colony, that His Majestie would please to declare His Royal Approbation and Confirmation of the said Agreement and Survey, His Majesty is graciously * 02 Copies of Documents Relating to the pleased with the Advice of His Privy Council to Approve and confirm the same, And pursuant to his Royal Pleasure thereupon, Signified and Expressed, the said Agreement and Survey, are hereby Approved and Confirmed accordingly ; whereof the respective Governments of New York and Connecticut, The Towns of Rye and Bedford, and all Persons whom it may concern are to take due notice and to conform themselves thereunto. John Povey. — [N. Y. Col. Doc., iv, 628-630. Governor Sloughter to the Governors of the several Provinces, July 11, 1691. * * I doubt not but you are very sensible of the many branches that have been lopped off from this government in the late reignes and that it is now confined to a great narrow- ness, haveing only Hudson's River and Long Island for the Bounds. * * * — \N. Y. Col. Doc, iii, 785. Governor & Council of New York to the King, August 6, 1691. * * -x- * This yourMaj tys Province was first setled and planted in the year of our Lord 1619, by the States Generall of the United Provinces, who did extend the line of their dominion from this Your Majesty's Citty of New Yorke to the eastward as farr as Conneticut River and to the westward along the coast beyond Delaware River and to the northward up Hud- son's River so farr as Schenectady and from thence to the Lakes of Canada, and from thence to the westward so farr as the Sinnekes land or the Indian hunting reacheth. Since which time in the yeare of our Lord 1664. King Charles the Second did subdue and reduce to the allegiance of Your Majesty's crowne all the inhabitants and territorys within the limitts aforesaid ; all which was granted by King Charles the Second unto his Royall Highness James Duke of Yorke in the same Boundaries of the State of New York. 63 yeare together with the governm* of all that tract of land to the westward of Delaware River unto Maryland His Iloyall Highness was pleased out of the premises to grant a certain tract of laud unto the Right Honorable John Lord Barclay [Berkeley] and Sir George Carterett limited and bounded by Hudson and Delaware Rivers. * * William Perm procured a pattent from King Charles the Second for land to the westward of Delaware River now called Pensil- vania. * * # * His Royal Highness was also pleased to grant unto the said William Penn, New Castle upon Delaware River and twelve miles round about and afterwards he made another grant unto him of all the land to the Southward of New Castle. Now, may it please your Majesty, all that hath been reserved out of the territorys and dominion aforesaid is only Long Island and some other small Islands adjacent, New York, Zopus [Kingston], Albany, and the limitts thereof; for the preserving of which the Crowne hath been at great charge, and for the support of Your Maj tie8 governm* there is now in Generall Assembly a revenue established upon the trade thereof. * * * Now may it please Your Most ExcelP Maj ty The premises considered we humbly presume and represent unto Your Most Sacred Majesty that there cann be no thing in America more conducive to Yo r Maj ties dignity and advantage and for the safety of Yo r Maj tles subjects upon this continent then that Connecticut, East and West Jersey, Penn- silvania and 3 lower Countys be re-annexed to this Yo r Maj ties Province which then will be a go vera m* of sufficient extent; * * * — [N. Y. Col. Doc, iii, 796, 799. Lords of Trade to Secretary Vernon, Feb. 17, 169f . * * * * This being the sum of what we have to offer relating to New England and the Countrys lying to the Eastward thereof, * * * * 64 Copies of Documents Relating to the The next boundary to be considered between the French and us, is the North and West parts of all his Majesties Plantations from New England to Carolina concerning which, tho the English Patents generally have allowed no bounds by land, but extended the grant of those lands from Sea to Sea. Yet the French since their possession of Canada, having at several times gone up the river S l Lawrence and from thence into the Lakes South westward of the said river, lying all along upon the North and West of His Majesty's foresaid Plantations, tho it be no more than what has as frequently and as early been done by English men, yet they have thereupon from time to time extended their pretentions to the propriety of all the Countries bordering upon the said river and Lakes whioh if it should be allowed them, and that an entire freedome be not maintained for his Majestys subjects, to Trade at least with the Indians of those parts and for them and the said Indians to pass and repass without molestation it will turn to the very great prejudice of England and most particularly of New York and other his Majestys provinces in America; whose frontiers are furthest extended towards the places so claimed by the French. Concerning the said frontiers therefore of New York and his Majesty's Right to the Sovereignty of the five Nations of Indians bordering there upon we send you here inclosed a Memorial, which about the month of July 1697, we prepared to be transmitted to his Majesty's Plenipotentiaries then at the Hague : * * * concerning the constant subjection and dependance of the said 5 Nations upon the Government of New York ever since the first settlement of that Country by the Dutch, in or about the year 1609 : By which all the French pretentions to any Right over them (which we do not understand to be either in themselves of any weight, or that they reach any further backwards than the year 1666) seem unto us to be fully answered and made void. * * # * — [JV. Y. Col. Doc, iv, 477. 1 See N. T. Col. Doc, v, 75.— [P. Boundaries of the State of New York. 65 Me. Penn's Suggestions respecting the Plantations. 1700. ■» ■» * * 4. That great caution should be observed to adjust the Bounds northwards with the French Com 1 " 8 or the losse will be great and irreparable. Wee take the South side of the liiver and Lakes of Canada to be our just and reasonable boundarys, soile and trade with the Indians being much concerned therein. 1 * * * * — [N. Y. Col. Doc, iv, 757. Board of Trade to the Queen, on the Right of Sover- eignty over the Five Nations. In Relation to New yorke and its dependencies. 2 june 1709. * * * * Your Majesty's title to that Province is not disputed : But as the French have without any just right pretended to the Soveraignty over the live Nations of Indians bordering upon New Yorke, We humbly beg leave to annex a deduction of your Majesty's Right and Title to the Soveraignty over the said Indians * * it being our humble opinion that it is absolutely necessary for the security of the Province of New York, and the rest of your Majesty's Dominions in that part of America that the five Nations of Indians be preserved and maintained in their subjection to the Crown of Great Britain as formerly. * * * * From the first settlement of the Colony of New York (which we take to have been about the year 1610) the five Nations of Indians commonly known by the names of Maquoas, Oneydes, Cayouges, Onondagues and Seneques, possessing the Lands to the Westward, and North West of that Plantation, have by many acknowledgments submissions, leagues or agreements, been united to, or depended on that Colony '" William Perm advised to establish the St. Lawrence as the boundary on the north and to include in our colonies the valley of the Mississippi." —[Bancroft's U~. S. Hist., iii, 233. 9 66 Copies of Documents Relating to the The said five Nations being the most warlike in those parts of the world, held all their neighboring Indians in a manner of Tributary subjection, they went sometimes as far as the South Sea, the North West Passage and Florida, to war, and extended also their conquests over that part of the Country now called Canada. * * * * — [N Y. Col. Doc, v, 74, 75. Treaty of Peace and Friendship * * * concluded at Utrecht the % ± Day of ^^ 1713. 11 April * * * * XV. The Subjects of France inhabiting Canada, and others, shall hereafter give no Hindrance or Molestation to the Five Nations or Cantons of Indians, subject to the Dominion of Great Britain, nor to the other Natives of America, who are Friends to the same. * * * — [Treaties in N. Y. State Library, Law Dept., Pamph. Coll., i (1667-1762), p. 74, of said Treaty. Cadwallader Golden, Surveyor General, to Lieut t G-ouverneur Clarke, Feby., 14 th 1737, 8. * * * * The Province of New York is bounded, To the southward by the Atlantick Ocean & runs from Sandy hook, including Long Island & Staten Island, up Hudson's River till the 41 st degree of North Longitude be compleated, which is about 20 miles above the City of New York, East New Jersey lying for that space on the west side of Hudson's River. From the 41 st degree of Latitude on Hudson's River it runs north- westerly to 41 degrees & 40 min of Latitude on the most northerly branch of Delaware River, which falls near Cashiek- tunk, an Indian Settlement on a Branch of that River call'd the Fish kill. Thence it runs up that Branch of Delaware River till the 42 d degree of Latitude be compleated or to the Beginning of the 43 d degree. Pensylvania stretching along Boundaries of the State of New Yore. 67 the west side of Delaware River, so far northward as to .this parallel of Latitude. From the Beginning of the 43 d decree New York runs westerly, on a Parallel of Latitude, along the Bounds of Pensylvania to Lake Erie, or so far west as to com- prehend the Country of the Five Nations, (the French having by the Treaty of Utricht quitted all claim to these Five Nations) Then it runs along lake Erie, & the streights between Lake Erie & Cadarackuy lake, & along Cadarackuy lake to the east end thereof — From thence it continues to extend easterly along the Bounds of Canada, to the Colony of Massa- thuset's Bay. Then Southerly along the Boundaries of the Massathu set's Bay, & of the Colony of Connecticut, to tlie sound between Long Island & the main, & then easterly along that Sound to the Atlantick Ocean. The Boundaries between New York Province & the Provinces of New Jersey & Pensylvania, are so well Described, in the Grants to the Proprietors of New Jersey & Pensylvania, that by determining the proper Parallels of Lati- tude on Hudson & Delaware Rivers, the Boundaries between them may at any time be fixed with sufficient certainty. But as this has not hitherto been actually done, Disputes now in several parts subsist, between the Proprietors of the lands near the line, which is supposed to run between New York & New Jersey, from Hudson's River to Delaware River. And it is probable the like Disputes will happen, between the Inhabitants of the Provinces of New York & Pensylvania when the lands near the line Dividing them shall be settled. The Boundaries Between New York & Connecticut are entirely settled, by agreement between the two Colonies, & by Lines run at about 21 miles from Hudson's River, and run- ning nearly parallel to the general Course of that River. I know no Regulations for Determining the Boundaries between New York & Canada. Its probable each will endeavor to extend themselves as far as they can. * * If we are to judge of the Pretentions of the French, by the maps lately published in France by Publick Authority, they not only claim this part of the Country and the Countries of the 68 Copies of Documents Relating to the Five Nations depending on New York ; but likewise a con- siderable part of what is actually settled by the Inhabitants of New York. The English maps are such servile copies of the French that they mark out the Boundaries between the English & French, with the same Disadvantage to the English, that the French do. — [K Y. Doc. Hist, iv, 114 (4°); 177(8°). Governor Clinton's Report on Province of New York. Mat 23, 1749. * * * * 2nd. The province of New York is bounded by Hudson's River on the West from the mouth of the said River to the lati- tude of 41 Degrees on that River, and then by a line running from thence to the latitude of 40 Degrees & 40 Minutes on Delaware River, Hudson's River and the aforesaid line being the boundaries between this Province & New Jersey from 41 Degrees 40 Minutes of latitude on Delaware to the beginning of the 43 Degrees, or to 42 Degrees compleat. On the same River is the boundary between it & Pensylvania & from 42 Degrees compleat a parallel of Latitude divides it from Pensylvania as far as Pensylvania extends, or to the claims of the French of Louisiana. To the Westward from hence & to the Northward no Boundaries setled between us and the French, & most probably will be determined by occupancy or Force. To the Eastward it is bounded by the New England Governm tB of New Hampshire, Massachusetts Bay and Con- necticut to the sound between the Main and Long Island, and to the Southward it is bounded by the Atlantick Ocean includ- ing Long Island. The Dividing line from Hudson's River to Delaware is Disputed by the Proprietors of the Lands on each side of it. * * * * — [JV. T. Col. Dog., vi, 508. Boundaries of the State of New York. 69 Statements by a Contemporary Historian. 1751-1755. * * * * At present, 1751, the French with a considerable military force, make a stand on the north side of Chiconecto bay and river in about 45 d. 25 m. The parallel of 45 d. is the north- ern extent of king James I. grant 1606 to the North-Virginia company ; this is perhaps the foundation of the French claim. If the partition line with France or Canada is to be settled at 45 d. north lat. continued, it will fall in with St. Laurence or Ontario river, a little above Montreal ; including the greatest part of Champlain or Corlaers lake with the formerly Dutch country adjoining. If the south limits of Canada are thus settled, New-York west line will begin at this termination, and pass along Ontario river to Ontario lake, along Ontario lake, and its communicating run of water to lake Erie, till it meets with Pensylvania north line. — [Douglass* Hist, of N. America, ii, 226, foot note. •* * # # The north boundary of the province of New-York, may be, the south line of Canada when settled ; probably it will begin at a point in a meridian twenty miles east of the crook or great falls of Hudson's river, and running west will cross lake Champlain, and terminate in Cataraqui river. Its W. line runs up Cataraqui river, and lake called generally lake Ontario, and terminates on lake Erie in north lat. 42 d. complete. From Oswego upon lake Ontario may be reckoned the width of the government of New-York, 220 miles, viz, due W. from the lake 200 miles to Albany on Hudson's river, and from Albany 20 miles due W. to the west line of Massa- chusetts-Bay province. The southern line of the province of New-York is in several directions or flexures. 1. From lake Erie along the north or head line of Pensylvania in lat. 42. to Delaware river. 2. Thence 20 miles down said river to the north divisional point of New-York and New-Jersies on said river in lat. 41 d. 40 m. 3. Thence in a streight line E. 42 d. S. to 41 d. lat. on Hudson's river. 4. Thence 12 miles down Hudson's river to 70 Copies of Documents Relating to the north end of the island of New- York, then down said Hudson's river on the W. side of New- York island to Sandy-point, the entrance of New- York road and harbour about 30 miles. 5. Thence along the southern shore of Long-Island, round the E. end of Long-Island, including Fisher's island and Gardner's island, which lie near the entrance of New-London harbour in Thames river of Connecticut colony ; then along the northern shore of Long-Island sound to over-against the mouth of By ram river, where the western divisional line between New York and Connecticut begins. The eastern line is from the mouth of Byram river along the Oblong as described in the section of Connecticut, vol. ii, p. 161, to the N. W. corner of Connecticut colony or S. W. corner of the province of Massachusetts-Bay, about 80 miles : thence in a parallel with Hudson's river at 20 miles distance E. from Hudson's river, along the western line of Massachusetts-Bay, about 47 miles to the N. W. corner of Massachusetts Bay, which is the S. W. corner of lands lately annexed, or crown lands put under the jurisdiction of the pro- vince of New-Hampshire pro tempore ; thence in a like parallel from Hudson's river, about 40 miles upon the western line of New-Hampshire, to the latitudes of the great falls or crook of Hudson's river ; thence in a due meridian line on the west line of the crown lands, at present in the jurisdiction of New- Hampshire, to the south boundary line of Canada, when by much protracted and finally perhaps disadvantageous negotia- tions it shall be determined. The reader may observe, that I have neither inclination nor interest to be of any side, other than solicitous for a national concern. — [Idem, ii, 230. * * # * Besides, the main land country of New- York, there are some islands belonging to it. 1. Long-Island, called by the Indians Matowacks, and by the Dutch, Nassau, * * 2. Staten- Island 3. Nantucket, Martha's vineyard and Elizabeth islands were formerly under the jurisdiction of New- York ; but upon the revolution they were annexed by the new charter of Massachusetts-Bay, to the jurisdiction of Massa- Boundaries of the State of New York. 71 chusetts-Bay. * * 4. Manhatans, the Indian name, New- Amsterdam the Dutch name, or New- York the English name, may be called an island, though it has communication with the mainland, by King's bridge, * * — [Idem, ii, 235. In the peace of Utrecht was omitted to settle a line between our colonies and those of France, called commonly Canada, and Mississippi, or New-France and Louisiana, from north to south ; and the line east and west between Carolina or Georgia, and the Spanish Cape Florida claims. In the proposed negociation for a peace, it would be much for the ease and quiet of all parties to have the same settled. The natural and most effectual boundaries of countries or territories seem to be large rivers (thus the upper Rhine divides the French acquisitions from sundry German sovereignties) and mountains impracticable (the Pyrenean mountains in general divide France from Spain, the Dafforne hills divide Sweden from Norway, the Carpach, or Carpathian mountains divide Poland from Hungary, and Transylvania). The great river of St. Laurence, the lakes Ontario and Erie, and the Apalatian mountains may answer the intended British and French boundary, without any advantage or acquisition, disad- vantage or loss on either side ; but merely for peace and good neighbourhood. — [Idem, i, 8. * * * * XII. New York, according to their divisional Line settled with the Proprietors of East-Jersey, Anno 1719, by Com- missioners appointed by the Legislatures of both Provinces, and confirmed by the King in Council : and according to a divisional Line, settled Anno 1725, by Commissioners from the respective Legislatures of New- York and Connecticut colonies, and confirmed by the King and council : The Boundary between Massachusetts-Bay and New- York Colony we must defer, as not ascertained ; notwithstanding the New- York Commissioners agreed, that the Basis of their Settlements with Connecticut should be 20 miles East from, and parallel with Hudson's River ; the colony of New- York, (as I am informed) insist that Housatonick, alias Westenhoek, alias Stratford River, shall be 72 Copies of Documents Relating to the the Boundary with Massachusetts-Bay ; the Neutrality in Queen Anne's War, between New-York and their Indians, and Canada and their Indians, was bounded Easterly by Housa- tonick River : Some of the New York Politicians say, that their claim extends to Connecticut River : Their Line with Penn- sylvania is limited by Delaware River, and the Parallel of 13 D. N. Lat. : Their Northern Boundary with Canada wants to be fixed in some subsequent Treaty. — [Idem, i, 16. * * * * A /State of the Bights of the Colony of New -York, with respect to its Eastern Boundary on Connecticut River. Adopted by the General Assembly, March 8, 1773. * * * * In the Duke of York's commissions to his several lieutenant governors, Major Edmond Andross, on the first day of July, 1661, and Col. Thomas Dongan, on the 30th day of Septem- ber, 1682, among other descriptions of the boundaries of this province, are expressly comprehended all the land from the west side of Connecticut river, to the east side of Delaware bay. King William and Queen Mary, by their commission dated the 4th day of January [1690], in the first year of their reign, appointed Henry Slaughter to be governor of the province of New-York, and the territories depending thereon ; the boun- daries whereof to Connecticut river on the east, by the above and many other grants, commissions, and public acts, were notorious. In all subsequent acts and commissions, this colony is described by the same general words, the province of New- York and the territories depending thereon / and its bounda- ries have never been altered by the government here or at home. Indeed the colony itself has been diminished by the Duke of York's transfer of that part of it which is now called New- Jersey, to Lord Berkley, and Sir Philip Carteret. — By our agreement with Connecticut, in 1683, under mutual acts of legislature, subject to the royal approbation, — and by his Boundaries of the State of New York. 73 Majesty's proclamation of the seventh day of October, 1763, establishing the limits of Quebec. * * * *• — {Journal of JV. Y. Gen. Assembly, pp. 90, 92. The Claim of Connecticut. * * King Charles the Second, expressly grauted all the country to the westward of Connecticut River, to the Duke of York ; and that this grant was particularly designed to include the Dutch possessions, seems manifest from the circum- stances which accompanied it v No sooner had it passed the great seal, than an armament was equipped to subdue the Dutch, and the command given to Col. Nicholls, who came over both in quality of general of the expedition, and lieuten- ant governor, under the Duke. Governor Nicholls accordingly asserted his Royal highness's right to the country on the west side of Connecticut river, which immediately gave rise to a controversy between him and the corporation of Connecticut ; but he thought it prudent to terminate it by an amicable negociation. He found them already possessed of Greenwich and Stanford, two towns within 20 miles of Hudson's river ; and that they had several other settlements not much more distant. His government was feeble, and chiefly consisted of the Dutch, upon whose attachment he had no reason to depend : and he foresaw the greatest difficulties if he should attempt to bring the Connec- ticut planters under subjection by force. — Besides, when lands were of little value, it seemed more eligible to secure the friendship than to excite the resentment and hatred of a pow- erful neighbor. On these principles he recommended it to the Duke to relax from his rights, and to yield to them the part they then occupied. Such being his sentiments, a fruit- less attempt was made for establishing a boundary between New- York and Connecticut, in the first year of his administra- tion. The proceedings and the mistakes so prejudicial to the Duke, into which he was drawn upon that occasion, as well as several of his letters to his Royal Highness, plainly prove that 10 74 Copies of J>ocuments Relating to the he had a very incompetent knowledge of the geography of the country, or of the rights with which he was intrusted. However, a final compact took place between the two colonies, in the year 1683, when their respective commissioners agreed that a twenty mile line from Hudson's river, should, for the future, become the partition between the Duke's territories and Connecticut ; but subject to the approbation of the King and the Duke. This agreement was confirmed by King Wil- liam, on the 20th day of March, 1700. That the line owed its foundation merely to prudential reasons, and was not grounded on the right of either colony, is incontestible. The Duke claimed to Connecticut river, — Connecticut to the south sea. From pretensions so repugnant, there was no more room to fix on a twenty mile line from Hudson's river as the boundary, than on a line at the distance of 30, or 10, or 5 miles. A disposition to leave Connecticut in the possession of her actual settlements, for the sake of peace, preponderated, as was the true motive of the agreement. This is confirmed from the cession of Greenwich and Stanford, in favor of Connecticut, though they were within the twenty miles. — [Ide7n, 95. The Massachusetts Claim. The Massachusetts Claim stands by no means in so respect- able a light as that of Connecticut. * * The old charter was adjudged void, * * in the high court of chancery of England, in 1684, and they sub- mitted to the decree, and never took any measures to obtain a reversal ; * * It seems therefore just to conclude, that they were convinced of the defects of their former grant, and thought it more for their interest to solicit and accept of a new charter, which they accordingly procured on the 7th day of October, 1691. That province is here described as follows : — * * " from the said Atlantic, or Western sea or ocean, on the east part, towards the south sea ; or Westward, as far as the colonies of Rhode-Island, Connecticut, and the Nara- ganset country. Boundaries of the State of New York. 75 These words (as far as) being in the case of the grant of the crown on the suit of the party, in legal construction, carry the Massachusetts Bay colony no further westward than till it meets the colony of Connecticut, and not to Connecticut river, and much less to the westward of it. And it is worth a remark, that Connecticut itself, at the time of the new charter, did not, in the knowledge of the crown, extend westward of that river ; nor did it, in fact, till nine years afterwards, when the agreement of 16S3 was rendered effectual by the royal approbation. Besides, it is contrary to reason to suppose that King William and Queen Mary could possibly have intended, by that charter, to diminish, or grant away any part of New- York, which was a royal colony, under their own immediate government, without express mention thereof in the charter, and without any notification to Colonel Slaughter, the then Governor, that the crown had granted such a part of what was before within his jurisdiction, by their Majesty's com- mission. Under circumstances so favourable to the rights of this colony, we have great reason to complain of the unwarrantable encroachments under the authority of the government of the Massachusetts Bay, by which a valuable tract extending from Connecticut river, within 20 miles of Hudson's river, has been wrested from us. Their conduct seems the more inexcusable, as they must have known that such encroachments were not only disrespect- ful to his Majesty's authority, and big with great mischiefs and disorders, but were highly injurious to private property, great part of these lands having anciently been granted to his Majesty's subjects under the great seal of this colony. So long ago as the year 1685, King James the Second, by letters patent, under that seal, granted to the Rensselaer family the Manor of Rensselaerwyck, extending from Hud- son's river, both on the east and west sides, 24 miles. Westenhook was granted under the great seal of this pro- vince, on the 6th day of March, 1705, and its eastern bounds are about 30 miles from Hudson's river. 76 Copies of Documents Relating to the Hosick was granted on the second day of June, 1688, and extends above 30 miles from the river. These several grants cover the country the whole breadth of the Massachusetts claim, and not only offer the highest evi- dence of the ancient right and jurisdiction of this colony, as far as the controversy respects the Massachusetts Bay, but authorise a remark of no small moment, to wit: That with respect to the lands included within such of those patents as are prior, in point of time, to the Massachusetts charter of 1691, the crown had clearly parted with its right under the seal of New York ; and so far had no estate left to be disposed of, or upon which that charter could have operated, had its boundaries been ever so unquestionable and comprehensive. As their example, and the agreement with Connecticut, are the only pleas which have ever been held up by the govern- ment of New Hampshire to justify their claims and encroach- ments, it seemed indispensibly necessary to give a general idea of both. Nor ought it to pass unobserved, that the colony of New- York has a double title to the country on the Wood creek, and on both sides of lake Cham plain ; 1st by the original grant to the Duke of York, which esfciblished Connecticut river as our ancient eastern boundary, and which, without any altera- tion by the agreement with Connecticut, has continued such down to the present day. And 2dly, by the subjection of- the five nations to the crown of England by treaties with this government. * * * * That the country on lake Champlain belonged originally to the five nations is proved by all the ancient maps, where we find the lake called lake Iroquois, (the French name for the five nations) or Mere des Iroquois, and the river (called by the French Sorell) which leads from the lake into the river St. Lawrence, Rivier des Iroquois, and the country about the lake Irocisia. * * * * In short, the faithless encroachments of the French on lake Boundaries of the State of New York. 77 Cham plain — their fortifying Crown Point and Ticonderoga — the many depredations the} 7 committed in concert with the savages in their alliance — the destruction of the frontier villages and settlements, and repeated massacres of the defence- less inhabitants, (which exhibited a scene of inexpressible horror and distress) have alone prevented the improvement and cultivation of this valuable part of the colony. Having thus in general established the right and the ancient exercise of jurisdiction of this government to the lands west- ward of Connecticut river, the way is open to consider the principles upon which the extraordinary claim of New-Hamp- shire is founded. The Claim of New-Hampshire. * * The old colony of New-Hampshire, or Mason's grant, had for many years been under the jurisdiction of the same governor as the Massachusetts Bay, but by a distinct com- mission. While the dispute subsisted respecting their common boun- dary, the Assembly of New-Hampshire preferred a complaint to the King and council, against their Governor, charging him with .partiality towards his more profitable government of the Massachusetts Bay. The complaint appearing to be well grounded, a separate Governor for New-Hampshire was appointed. On this occasion a commission issued to Benning Went- worth, Esq, the first Governor, dated the 3d day of July, in the 15th year of the reign of King George the second ; and the old colony of New-Hampshire was greatly extended, so as to include a large district, which, till then had remained extra- provincial, and particularly the lands from the west bounds of Mason's grant, to the west side of Connecticut river, the ancient boundary of the colony of New-York. It is thus described in the commission. " Bounded on the south side by a similar curved line, pursuing the course of Merrimack river, at three miles distance on the north side thereof ; beginning at the Atlantic ocean, and extending at a 78 Copies of Documents Relating to the point clue north of a place called Pautucket Falls, and by a straight line drawn from thence due west across the said river, till it meets with our other governments, and bounded on the south side by a line passing up through the mouth of Piscata- qua harbour, and up to the middle of the river, to the river of Newichwanock, part of which is now called Salmon Falls, and through the middle of the same to the furthest head thereof, and from thence north two degrees westerly till one hundred and twenty miles be finished from the mouth of Piscataqua harbor aforesaid, or until it meets with our other governments." Hardly can it be conceived that a boundary so plainly described could have become an occasion of controversy. There was no room to suspect that the crown intended to abridge any of the old colonies in favor of the new ; since without the most distant intimation of such a design, the limits of the adjoining governments are given as the extent of New-Hampshire. * % * ■* Governor "Went worth was pleased to conclude, that because Connecticut and the Massachusetts Bay colonies had carried their western boundary within twenty miles of Hudson's river, that therefore New-Hampshire must be entitled to the same license. * * * * On this foundation are the boundaries of New- York attempted to be circumscribed. The argument drawn from our agreement with Connecticut is, it is conceived, fully refuted, by shewing, as we have already done, that the reasons and motives to which it is to be ascribed, were merely prudential, and grounded on the claim or the boundaries of neither colony, one having contended for the south sea, and the other for Connecticut river. "What then can be inferred from this treaty to the disadvan- tage of New-York? If from generosity or policy, or for the sake of peace, part of an estate should be ceeded to a con- Boundaries of the State of New York. 79 tentious or importunate neighbor, is to be construed into a surrender and extinguishment of the whole? With respect to the Massachusetts Bay, we have shewn that they have no better title to the westward of Connecticut river, than a possession acquired by force and intrusion ; and which has proved the unhappy occasion of spilling the blood of the innocent, and terminated in despoiling a number of the inhabitants of this colony of their rightful property. This dispute was agitated between our respective com- missaries, at a late treaty at New-Haven, 1767, and where the Massachusetts Bay had the assistance of Governor Hutchin- son, one of their ablest men, and the most conversant in sub- jects of this nature ; and it is presumed that it must appear from a candid perusal of the proofs and arguments then offered, that the eastern boundary of New-York, upon Con- necticut river, was clearly maintained. It is our misfortune that the lands which have so long been the subject of contention with that province, are fully occupied. Hence, though firmly persuaded that when the merits of the case should be considered for a final adjudication, the right of this colony to that boundary must be evident; our commis- saries from pacific motives, from a respect to the report of the lords of trade and plantations and to his Majesty's gracious recommendation of an amicable settlement, conceded so far as to offer a twenty mile line as a boundary ; if his Majesty should think fit, by confirming it, to surrender his right of jurisdiction and property to so great an extent of country, in favor of a charter government. But there is no necessity of enlarging upon this head, since it is apprehended, that independent of the considerations which it furnishes, a single reflection will of itself be suffi- cient to expose the weakness of every argument which can be deduced from the examples of the Massachusetts Bay and Connecticut, to countenance a similar claim on the part of New Hampshire. And to place our remark in a stronger point of light, every thing contended for — that we agreed with the one, and sate down quiet under the intrusions of the 80 Copies of Documents Relating to the other, of those colonies, from a conviction that both had a clear right to a twenty mile line from Hudson's river, might safely be admitted ; and these concessions after all could not in the least advance the cause of New-Hampshire. Let it only be remembered that the Connecticut charter is prior by two years to the first establishment of this colony ; that the Massachusetts original charter was much more ancient ; and that both claimed an extent to the south sea ; while on the other hand, Mason's grant, the old colony of New-Hampshire, is limited to the precise length of sixty miles ; which did not approach Connecticut river within twenty miles ; and the commission to Governor Wentworth, by which it is enlarged, is so recent as the year 1742, and expressly bounds it (without specifying any dimensions) on his Majesty's other governments : Hence there arises a fatal dstinction between the cases. Besides the important circumstance of boundary, priority of establishment is asserted on the side of the Massachusetts Bay and Connecticut; but with respect to New-Hampshire in its present form, it is unquestionably in favor of New-York. Upon the same principles therefore that the two former colonies claim beyond Connecticut river, ought. New-Hampshire to be confined to its western banks ; and thus, instead of being favorable to the pretensions of New-Hamp- shire, by a parity of reason, as has so frequently been urged, do those cases, rightly considered, afford a solid and decisive argument against the encroachments of that government. * * * * The claims of New-York and New-Hampshire, came judici- ally before his Majesty, by the authoritative acts of the gov- ernor and council of each, and by their "mutual agreement and consent. The question was not what bounds his Majesty would be pleased thereafter to establish between his two contending colonies ; but what were then the just extent and jurisdiction of each of them respectively. The royal adjudication is accordingly expressed in terms which cannot be misconstrued ; not directing that Connecticut Boundaries of the State of New York. 81 river shall become the boundary between the two colonies; but declaring; the western banks of that river to be the boundary. * * * * Soon after it was proclaimed, on the solicitation of the inhabitants, and for the better administration of justice, two new counties, Cumberland and Gloucester, were erected out of the lands which had been claimed by the government of New- Hampshire, and which had hitherto remained part of the county of Albany ; and Cumberland county is now, on the petition of its inhabitants, represented in General Assembly. ■* * * % ^-[Idem,pp. 95-97, 99-101, lOT. The Ancient French Claims on the North. * * There can be no dispute but that by the words of the Duke's grant, the province of New- York was to have an eastward extent to Connecticut river. That river takes its rise to the northward of the 45th degree of north latitude, and consequently beyond the boundary lately established between New- York and Quebec, by his Majesty's royal proclamation of the 7th day of October, 1763. On this principle we have always claimed, under the royal grant, as the just and ancient right of this province, all the country which lies to the south of a west line drawn from the head of Connecticut river, except so far as it interferes with the colony of Connecticut, with which a settlement was made in 1683, by commissaries of both provinces, under mutual acts of legislature, and which was confirmed by King William. But we have a further title to the country as far northward as the south side of the river St. Lawrence. The Dutch, on their first establishment here, made a treaty of peace and alliance with the Five Nations, called by the French the Iroquois. These warlike tribes were the conquer- ors and masters of a great part of North America, holding all the natives in subjection, from the river St. Lawrence down to Georgia. When the English became possessed of New-York, they also 11 82 Copies of Documents Relating to the made an alliance with the Five Nations, who afterwards, in the most express terms, subjected themselves to the crown of England, under the government of New- York ; and. however wild and untractable, were always treated as subjects by this government. The country, as far northward as the river St. Lawrence, and westward without any known limits, was their undoubted property ; this government has consequently considered it as part of the province of New- York. The lands on the west side of Connecticut river, by a double title — the grant to the Duke of York, which expressly includes it, and the right acquired by the subjection of the native proprietors. The crown, by a participation in numberless acts of govern- ment, has justified our right and jurisdiction over these countries. And it is remarkable that no single commission, instruction or act, either of our own or from home, till the late proclamation, had the least tendency to alter or infringe such jurisdiction ; but it solely rested on the basis we have mentioned. # # * * The title of this province, in right of the crown, to all the country to the southward of the river St. Lawrence, (till his Majesty's proclamation, and since that act, to the southward of the 45th degree of latitude) being thus clearly established, it cannot be wondered at that after the peace was restored, our government proceeded to the grant and settlement of the lands to the southward of this last boundar}^, without the least scruple. — [Idem, pp. 109, 112-113. Order in Council fixing the Boundary between New York and New Hampshire. (L. S.) At the Court at S* James the 20 th Day of July 1764. Present. The Kings most Excellent Majesty. [And nine members of Council] "Whereas there was this Day read at the Board, a Report made by the Right Honourable the Lords of the Committee Boundaries of the State of New York. 83 of Council for Plantation affairs dated the 17 th of this Instant, upon Considering a Representation from the Lords Commis- sioners for Trade and Plantations, relative to the Disputes that have some years Subsisted between the Provinces of New Hampshire and New York concerning the Boundary Line between those Provinces. His Majesty taking the same into consideration was pleased with the advice of his privy Council to approve of what is therein proposed, and doth accordingly hereby Order and Declare the Western Banks of the River Connec- ticut, from where it enters the Province of the Massachusets Bay, as far North as the forty fifth Degree of Northern Lati- tude, to be the Boundary Line between the said two Province of New Hampshire and New York. Whereof the respective Governors and Commanders in Chief of his Majesty's said Provinces of New Hampshire and New York for the time being and all others whom it may Concern are to take notice of his Majesty's Pleasure hereby signified and Govern themselves accordingly. Wm. Blair. — [N. T. Doc. Hist, iv, 355 (4°) ; 574-5 (8°) An ACT for the letter ascertaining the Boundaries of the Counties of Cumberland and Gloucester. Pass'd the 24th March, 1772. Whereas his present most gracious Majesty, by his Royal Letters Patent 1 under the Great Seal of this Colony, bearing Date the nineteenth Day of March, in the Year of our Lord, One thousand seven hundred and sixty-eight, was pleased to erect and constitute into one distinct and separate County, all that Tract or District of Land situate in this Colony, on the West Side of Connecticut River, beginning at a Point on the West Bank of the same River opposite to where the Line run for the Partition Line between the Colonies of the Massachusitts-Bay and New-Hampshire touches the East Side of the same River, 1 We have not succeeded in finding the " Patents " referred to in this act on record in the office of the Secretary of State. This may be for the reason that Patents, like Deeds at the present time, seem to have been recorded on the application of parties interested.— [P. 84 Copies of Documents Relating to the * * to be called, known, and distinguished by the Name of the County of Cumberland: * * And whereas his said most gracious Majesty, by other Letters Patent under the Great Seal of the said Colony, bear- ing Date the sixteenth Day of March, in the Year of our Lord, One thousand seven hundred and seventy, was further pleased to erect and constitute into another distinct and separate County, all that certain Tract or District of Land situate in this Colony, on the West Side of the said Connec- ticut River, to the Northward of the said County of Cumber- land, * * to be called, distinguished, and known by the Name of the County of Gloucester; * * And whereas the Limits of several of the Townships, upon which, by the said first recited Letters Patent, the said County of Cumberland is bounded, have never been fixed, surveyed, or ascertained by lawful Authority, nor the said Townships hitherto been granted under the Great Seal of this Colony ; and the said County of Gloucester being bounded and depending upon the said County of Cumberland, both the said Counties are thereby at present exposed to the Danger and Inconveniences of an obscure, precarious, and uncertain Jurisdiction, * * For Remedy whereof, I. Beit enacted * * That the said County of Cumber- land shall, forever hereafter be bounded and limited as follows. * * * * II. And be it further enacted * * That the said County of Gloucester shall, forever hereafter, be bounded and limited as follows. * * * * — [ Laws of JV. Y. ( Van Schaach), pp. 698-700. In answer to the proclamation 1 of Lieutenant-Governor Col- den, issued on the 28th of December, 1763, asserting the right of New York to jurisdiction as far eastward as Connecticut 'For a copy of this Proclamation, See N. T. Doc. Hist., iv, 346, 347 (4°); 558-560 (8°).— [P. Boundaries of the State of New York. 85 river, founded on the grant of Charles II. to the Duke of York, Governor Wentworth, * had published a counter-proclamation, 1 on the 13th of March, 1764, declaring that the grant to the Duke of York was obsolete, and that the western bounds of New Hampshire were co-extensive with those of Massachusetts and Connecticut. When by a special Order in Council, under date of July 20th, 1764, the title of the Duke of Y r ork was confirmed, and Connecticut river was fixed as the dividing line between New York and New Hampshire, Wentworth, in his gubernatorial capacity, submitted to the decision. In his private conduct, however, he showed especial favor to those who still acknowledged the jurisdiction of New Hampshire over the " Grants," as the ter- ritory west of the Connecticut was called. — \_Benj. II. HalVs Hist, of Eastern Vt.,p. 145. * * A county by the name of Cumberland was constitu- ted by act of the assembly in July, 1766, embracing territory nearly identical with the present counties of Windsor and Windham. 2 * * This act of the Assembly was repealed and annulled by the King, and his order was laid before the assembly by the governor the 2d of December, 1767. The county consequently became extinct. It was however revived and reestablished by ordinance of the governor and council, bearing date February 10th, 1768. By ordinance of the governor and council adopted in March, 1770, another county was constituted by the name of Gloucester, comprising all the territory north of Cumberland county and east of Green mountain, * * The population within the limits of the ^Idem, iv, 353, 354(4°); 570-572 (8°). "The following is the title of this act: — [P. An Act for erecting certain Lands lying on the West Side of Connecticut Kiver, within this Colony, into a separate County, to be called by the Name of, The County of Cumberland ; and for enabling the Freeholders and Inhabitants thereof, to erect and build a Court House and Goal in the said County. Pass'd the 3d July, 1706. — [Laws of N. V. ( Van ScTtaack), p. 482. 86 Copies of Documents Relating to the county was probably less than six hundred, and it is difficult to conceive what motive there could have been for its forma- tion, other than that of gratifying the taste of persons ambitious for office and titles. * * — [ Hiland Hall's Hist, of Vt., p. 155. * * * * The royal decree by which the division line between New Hampshire and New York was established, was regarded very differently by the different parties concerned. The settlers on the New Hampshire grants considered that it only placed them hereafter under the jurisdiction of New York, * * But that government gave the decision a very different con- struction. It contended that the order had a retrospective operation, and decided not only what should thereafter be, but what had always been, the eastern limit of New York, and consequently, that the grants made by New Hampshire were illegal and void. With these views, the government of New York proceeded to extend its jurisdiction over the New Hampshire grants. The settlers were called upon to surrender their charters, and re-purchase their lands under grants from New York. Some of them complied with this order, but most of them peremp- torily refused. * * Indeed, the idea of submission seems never for a moment to have been entertained by these brave and determined veterans. * * And so very highly did they prize their personal rights and liberties, that, rather than surrender them to the arbitrary claims of New York, they almost unanimously, resolved to meet death, if necessary, in their defence. * * Probably the commencement of the American war at Lexington, on the 19th of April [1775], was the only thing which prevented the parties proceeding to open hostilities. 1 * * — {Thompson's Hist, of Vt., Part ii, 19, 27, 29. 1 For an extended collection of official documents relating to the " Contro- versy between New York and New Hampshire, respecting the Territory now the State of Vermont," see N. T. Doc. Hist, latter half of vol. iv— [P. Boundaries of the State of New York. 87 Royal Proclamation of October 7, 1763. Whereas we have taken into Our Royal Consideration the extensive and valuable Acquisitions in America secured to our crown by the late Definitive Treaty of Peace concluded at Paris the Tenth Day of February last, * * We have thought fit * * to erect * * Four distinct and separate Governments, stiled and called by the Names of Quebec, Fast Florida, West Florida, and Grenada, and limited and bounded as follows ; viz. First. The Government of Quebec, bounded on the Labrador Coast by the River St. John, 1 and from thence by a Line drawn from the Head of that River through the Lake St. John to the South End of the Lake Nipissin ; from whence the said Line crossing the River St. Lawrence and the Lake Champlain in Forty -five Degrees of North Latitude, passes along the High Lands which divide the Rivers that empty themselves into the said River St. Lawrence, from those which fall into the Sea ; and also along the North Coast of the Baye des Chaleurs, and the Coast of the Gulph of St. Lawrence to Cape Rosieres, and from thence crossing the Mouth of the River St. Lawrence by the West End of the Island of Anticosti, terminates at the afore- said River of St. John. * * * * And we do further declare it to be Our Royal Will and Pleasure * * to reserve under our Sovereignty, Pro- tection, and Dominion, for the use of the said Indians, all the Lands and Territories not included within the Limits of our said Three New Governments, 2 or within the Limits of the Territory granted to the Hudson's Bay Company as also all the Lands and Territories, lying to the Westward of the Sources of the Rivers which fall into the Sea from the West and North West? as aforesaid. * * * — \_N. Y. Col. MSS., xcii, 53 ; printed copy. 1 Not the St. John's which empties into the Bay of Fundy, but one of the same name which from the north falls into the Gulf of St. Lawrence. — [Gktttatm on the N. E. Boundary, j). 9, foot note. *i. e. Quebec, East Florida and West Florida.— [P. 88 Copies of Documents Relating to tee The above boundaries of the province of Quebec were extended to Lake Erie and southward by an Imperial Act, passed in 1774 (14 Geo. 3, c. 83). This act, a part of which is copied below, is enumerated as constituting one of the griev- ances of the United Colonies, in their Non-Importation Agree- ment, as adopted by the Continental Congress, Oct. 20, 1774. It was also specified in the following paragraphs from the Declaration of Independence, as one of the " acts of pretended legislation" which justified the separation from the parent country : "He has combined, with others, to subject us to a jurisdic- tion foreign to our constitution, and unacknowledged by our laws ; giving his assent to their acts of pretended legislation : * * * # " For abolishing the free system of English laws in a neigh- boring province, establishing therein an arbitrary government, and enlarging its boundaries, so as to render it at once an example and fit instrument for introducing the same absolute rule into these colonies : " * * * * * " Canada is made to include all the country between the lakes and the Ohio. The Quebec act is the only public act which ever gave that extension to Canada." — [Gallatin on JV. E. Boundary of the U. /S.,p. 20. In this view of the history of this part of the line, it becomes evident, however, that, in divesting the provinces of New York and New Hampshire by the Quebec act, of territory, admitted to belong to them in the Proclamation of 1763, the British Parliament must have intended to make the encroach- ment as small as possible. #• * * * — [Report on Maine and JVew Hampshire Boundaries with British Provinces ; U. S. Exec. Docs., 27th Cong., 3d Sess., 1842-3 ; Mo. 31, p. 35. Boundaries of the State of New York. 89 Edmund Burke's appointment and efficient services, as Agent of the Colony of New York. [In General Assembly.] Die Veneris, 10 ho. A. M. the 2Ut Dec. 1770. # * * * Mr. Speaker acquainted the Louse, that since the last ses- sion, he had received certain accounts, by letters from London, of the death of Robert Charles, Esq. late agent for this colony. Whereupon the house being of opinion that it is highly necessary to have an agen,t to transact the affairs of this colony at the court of Great Britain. Resolved therefore, nemine coutradicente, That Edmund Burke, Esq. of London, be and hereby is appointed agent for this colony at the court of Great Britain, in the room of Robert Charles, Esq. deceased, 1 and that for his services as such, there be allowed to him the said Edmund Burke, Esq. at the rate of five hundred pounds per annum. * * — [Journal of the N. Y. Gen. Assembly, 1770, jyp. 17, 18. Occasional notices appear in the Journals of the Assem- bly, indicating his interest in the affairs of the colony, and his fidelity in the discharge of the duties of his office. His correspondence with the Assembly, during his agency, from the time of his appointment to the dissolution of the Assembly in April, 1775, has never been published ; nor is any part of it known to exist in the United States, except the letter now first published. Mr. Sparks remarks in relation to it, (Life of Gouv. Morris, i, 51,) "Could the whole now be found and brought before the public, it would doubtless pre- sent in a full and luminous manner the views of that able statesman on all the important topics agitated at that time 1 Mr. Charles had held the appointment since April 9, 1746. On the loth of Octoher, 1760, Benjamin Franklin and Robert Charles were appointed co-Agents of Pennsylvania. Mr. Charles also subsequently became sole Agent of that Province. See Penn. Arch., iii, 759; Penn. Col. Bee.,iu, 257, 544; viii, 512; ix, 10.— [P. 12 90 Copies of Documents Relating to the between Great Britain and the Colonies, and prove a treasure of rare worth in the historical materials of the country." The following letter, it will be seen, refers to the bill which had been recently passed by the British Parliament for the Government of Canada, commonly called the Quebec Bill. The bill was brought into the House of Lords by the Earl of Dartmouth, on the 2d of May, 1774, and passed without opposition. In the House of Commons it encountered much debate, Mr. Burke opposing it, in all its stages. He was suc- cessful in procuring an amendment in relation to the bound- aries, designed to protect the interests of New York. The bill, as amended, passed the Commons on the 13th June, and was returned to the House of Lords on the 18th, when the Earl of Chatham denounced it as " a most cruel, oppressive and odious measure." * * The bill passed by a large majority, and received the royal assent on the 22d June. * — [N. Y. Hist. Soc. ColVns, 2d Series, ii, 217-18. The bill above referred to is as follows : The " Quebec Bill." An Act for making more effectual Provision for the Gov- ernment of the Province of Quebec in North America. Whereas His Majesty, by His Royal Proclamation, bearing Date the Seventh Day of October, in the Third Year of His Reign, thought fit to declare the Provisions which had been made in respect to certain Countries, Territories and Islands in America, ceded to His Majesty by the definitive Treaty of Peace, concluded at Paris on the Tenth Day of February One thousand seven hundred and sixty three : And whereas by the Arrangements made by the said Royal Proclamation, a very large Extent of Country, within which there were several Colonies and Settlements of the Subjects of France, who claimed to remain therein under the Faith of the said Treaty, was left, without any Provision being made for the Adminis- tration of Civil Government therein ; * * be it enacted * * * * Boundaries of the State of New York. 91 That all the Territories, Islands and Countries in North America, [Original Draft of Bill. See Com- [Amendment adopted on motion of mom Journals, xxxiv, 812.] " extending Southward Banks of" [See ninth line, p. 92.] Edmund Burke, June 10, 1774. to " belonging to the Crown of Great Britain, bounded on the South by a line from the Bay of O/ialeurs, along the High Lands which divide the Rivers that empty themselves into the River Saint Lawrence from those which fall into the Sea, to a Point in Forty five Degrees of Northern Latitude, on the Eastern Bank of the River Connecticut, keeping the same Latitude directly West, through the Lake Cham/plain until in the same Latitude, it meets the River Saint Law- rence; from thence up the East- ern Bank of the said River to the Lake Ontario', thence through the Lake Ontario, and the River commonly called Niagara ; and thence along by the Eastern and South Eastern Bank of Lake Erie, following the said Bank, until the same shall be intersected by the Northern Boundary, granted by the Charter of the Province of Pensylvania, in case the same shall be so intersected ; and from thence along tne said Northern and Western Bound- aries of the said Province, until 92 Copies of Documents Relating to the the said Western Boundary strike the Ohio; but in case the said Bank of the said Lake shall not be found to be so intersected, then following the said Bank until it shall arrive at that Point of the said Bank which shall be nearest to the North West- ern Angle of the said Province of Pennsylvania, and thence by a right Line to the said North Western Angle of the said Pro- vince ; and thence along the Western Boundary of the said Province until it strike " the River Ohio ; and along the Bank of the said River, Westward to the Banks of the Mississippi, and Northward to the Southern Boundary of the Territory granted to the Merchants Adventurers of England trading to Hudson's Bay ; and also all such Territories, Islands and Countries which have, since the Tenth of .February, One thousand seven hundred and sixty three, been made part of the Government of Newfoundland, be, and they are hereby, during His Majesty's Pleasure, annexed to and made Part and Parcel of the Province of Quebec, as created and established by the said Royal Proclamation of the Seventh of October One thousand seven hundred and sixty-three. The following section was also inserted in Committee of the Whole in the House of Commons, probably through Mr. Burke's influence : II. Provided always, That nothing herein contained relative to the Boundary of the Province of Quebec, shall in any wise affect the Boundaries of any other Colony. * * * * — {Statutes at Large of Great Britain, 8°, xiii, p. 789-791 ; Anno 14° Georgia, III, [1774], c. 83. Letter from Edmund Burke, as Agent of New York, to the General Assembly. Gentlemen : I was prevented by pressing business, and by not the best health, from sending you a letter by the July pacquet. When I had last the honor of writing to you on your affairs, I enter- tained no strong apprehensions, that the clause in the Quebec Boundaries of the State of New Yore. 93 Bill concerning the boundary of that new Province, could materially affect the rights of your colony. It was couched in general and saving terms : it reserved all rights, and con- firmed all adjudications ; it was in all appearance sufficiently equitable. But upon a close consideration and subsequent inquiry, I found that you might be very much affected by it. I take the liberty of stating to you the light in which it appeared to me, and the conduct which I held, in consequence of that view of your interests. I must first observe to you, that the proceedings with regard to the town of Boston and the Province of Massachusetts Bay, had been from the beginning defended on their absolute necessity, not only for the purpose of bringing that refractory town and province into proper order, but for holding out an example of terror to the other colonies, in some of which (as it was said) a disposition to the same or similar excesses had been marked very strongly. This unhappy disposition in the colonies was by the friends of the coercive measures, attributed to the pride and presumption arising from the rapid popula- tion of these colonies, and from their lax form, and more lax exercise, of government. I found it in general discourses, and indeed in public debate, the predominant and declared opinion, that the cause of this resistance to legal power ought to be weak- ened, since it was impossible to be removed ; that any growth of the colonies, which might make them grow out of the reach of the authority of this Kingdom, ought to be accounted rather a morbid fulness than a sound and proper habit. All increase of the colonies which tended to decrease their advantage to this country, they considered as useless, and even mischievous. From this predominant way of thinking, the enormous extent of the colonies was censured. It was not thought wise to make new grants of land but upon the weightiest consider- ation, if at all. Prerogative was to be strengthened as much as possible, and it was thought expedient to find in the tracta- ble disposition of some provinces, a check upon the turbulent manners, and a balance to the less manageable plan of govern- ment in the others. 94 Copies of Documents Relating to the These principles (whatever their merit may be) became very- fashionable, during the agitation of the Massachusetts bill, in the House of Commons. A Peer, who I think does not always vote in the majority, made a sort of proposition for an address to the King, that no more lands should be located in America. This was the substance of the proposition, although it pro- ceeded no further, for reasons of decorum. The ministerial side in that House fell in very directly with those sentiments, and, as I am told, plainly shewed a resolution to act in con- formity with them, as far as the power of the Crown in that particular extended. It is true, that a few Lords, and Lord Rockingham in particular, objected to the idea of restraining the colonies from spreading into the back country, even if such restraint were practicable ; for by stopping the extending of agriculture, they necessitated manufactures, contrary to the standing policy of colonization. The general sentiments were, however, as I have stated them. I mention this disposition of the House of Peers, particu- larly, (though it prevailed almost equally elsewhere,) because the Quebec Bill originated in that house. Very many thought, on a careful perusal, that the lines of the plan of policy I have just mentioned, were very distinguishable in that bill as it came down to us. It was for that reason, I became more uneasy than at first about the lax and undeterminate form in which the boundary clause of this new colony was worded, in the original bill. The idea of which (whether seriously adopted by ministry or not) was very prevalent, that the British colonies ought to be restrained, made it necessary that this restraint should not be arbitrary. It was the main ground of the amendments which I proposed and carried, with regard to the boundary clause. However, as a mere unconnected arrangement, it was right to define with clearness, although such a plan of policy never had existed, or should pass away, as I hope and think in some degree it has, with the first heats. The bill passed through the House of Lords, with some opposition, but no amendment ; but when it came into the House of Commons, the ministers confessed, that it was hastily Boundaries of the State of New York. 95 drawn, and they professed great candor in admitting altera- tions. The part by which your province would be directly affected, was only the boundary clause. As the boundary was, in the most material parts in the original bill, only constructive, and in general words of refer- ence, " to the boundary lines of the other provinces, as adjudged or allowed by the Crown;" I thought it necessary to know, with regard to you, what lines had been actually drawn, and next what principles were to guide in adjudging your real boundaries in future. "With regard to the first point, I found, that a line of divi- sion between your colony and that of Quebec, had been allowed by the King in Council to be run from a point on Lake Champlain in forty-five degrees of north latitude. So far had been agreed between the Governors of the two prov- inces and allowed. But no line had been actually run in con- sequence of this agreement, except from the river Connecticut to the Lake. Even this line had not been formally allowed ; and none at all had been run to the westward of Lake Cham- plain. So that your boundary on the north had never been perfectly delineated, though the principle upon which it should be drawn had been laid down. For a great part of the northern frontier, and for the whole of the, western, until you met the line of New Jersey, you had no defined boundary at all. Your claims were indeed extensive, and I am persuaded just ; but they had never been regularly allowed. My next object of inquiry, therefore, was, upon what prin- ciples the Board of Trade would in the future discussions which must inevitably and speedily arise, determine what belonged to you, and what to Canada. I was told, that the settled, uniform doctrine and practice of the Board of Trade, was this : that in questions of boundary, where the jurisdiction and soil in both the litigating provinces belonged to the Crown, there was no rule but the King's will, and that he might allot as he pleased, to the one or the other. They said also, that under these circumstances, even where the King had actuall}' adjudged a territory to one province, he 96 Copies of Documents Relating to the might afterwards change the boundary; or if he thought tit, erect the parts into separate and new governments, at his dis- cretion. They alleged the example of Carolina, first one province ; then divided into two separate governments, and which afterwards had a third, that of Georgia, taken from the southern division of it. They urged besides, the example of the neutral and conquered islands. These, after the peace of Paris, were placed under one government. Since then, they were totally separated, and had distinct Governments and Assemblies. Although I had the greatest reason to question the sound- ness of some of these principles, at least in the extent in which they were laid down, and whether the precedents alledged did fully justify them in that latitude ; I certainly had no cause to doubt but that the matter would always be deter- mined upon these maxims, at the board by which they were adopted. The more clearly their strict legality was proved, the more uneasy I became at their consequences. By this bill, a new province under an old name was in fact erected. The limits, settled by the proclamation of 1763, were cancelled. On your side, a mere constructive boundary was established, and the construction, when examined, amounted to nothing more than the King's pleasure. No part of your province, (not even the settled quarters of the country, quite to the river Hudson,) was secured from the possible operation of such a principle. Besides there was a possibility, (at least), that in the settlement of the boundary, ministers would naturally lean to extend those limits the most, where the royal prerogative was most exten- sive, and consequently their power the highest. I do not mean to charge them with that intention. But no laws stood in the way of such an inclination, if it ever did exist, or should happen to exist hereafter. This was not (as it might be between two ancient British colonies) a mere question of geographical distinction, or of economical distribution, where the inhabitants on the one side of the line and the other, lived under the same law and enjoyed the same privileges of Eng- lishmen. But this was a boundary, discriminating different Boundaries of the State of New York. 97 principles of jurisdiction and legislation ; where, in one part, the subject lived under law, and in the other, under prerogative. From these impressions, I proposed my objections on the second reading, reserving a more regular opposition to the Committee. In the interval, 1 conferred with Lord Dartmouth and Mr. Pownall and afterwards with Lord North, upon the subject. But first, I formed my plan for an amendment to the clause, as it stood in the bill, before it was committed. I could have wished for a more perfect and authorized information ; but I was obliged to act at the instant. The bill came in late in the session, and if I had let it pass for want of being instructed, the occasion could in all human probability never be recovered. I saw you had claims founded on these grounds. The old Dutch settlement; the placing of the Five Nations within your government ; the boundary line of Governors Moore and Carlton; and the maintenance of the Fort of Oswego during the late war, which carried you to Lake Ontario. These claims had no fault but the want of definition. To define, is to abridge. Something then must be given up ; I was persuaded that when one negotiates with power, it is policy to give up handsomely what cannot be retained, and to gain that strength which will always more or less attend the reasonableness of a proposition, even when it is opposed by power. I thought that well secured and tolerably extensive boundaries, were better than the amplest claims, which are neither defined nor allowed. My idea was, to get the limits of Quebec, which appeared to many as well as myself intended to straiten the British colonies, removed from construction to certainty ; and that certainty grounded on natural, indispu- table and immovable barriers, — rivers and lakes, where I could have them ; lines, where lines could be drawn ; and where reference and description became necessary, to have them towards an old British colony, and not towards this new, and, as was thought, favorite establishment. I assured ministry, that if they refused this reasonable offer, I must be heard by council. As they found some opposition growing within and without doors, and they were in haste to 13 98 Copies of Documents Relating to the carry through their bill brought in so late in the session, after some discussion and debate, they gave way to the amended clause, as you see it. The work was far more troublesome than those who were not present can well believe. It cost us near two whole days in the committee. The grand difficulty arose from the very unsettled state of the boundary of Pennsylvania. We could not determine whether it advanced northward beyond Lake Erie, or ran within that Lake, or fell to the south of it ; and this uncertainty made the whole matter beyond expression per- plexing. Objections on the part of Quebec were raised to the last moment, and particularly to the post of Niagara, which Mr. Carlton, I am told, was very earnest to have within his government, but by the act it is excluded, and is on your side. I believe some imagined that these difficulties would make me give up the point; but it is carried, and if not a perfect arrangement, it prevents a very bad one, and may form a basis for a much better, in times more favorable to the old Colonies. After the affair was over, it was suggested to me, that I ought to have expressly defined this line to be the limits of New York, as well as of Canada. To this I answer, that I was aware of the inconveniences which might arise from the want of this clear specification, supposing the Board of Trade to act insidiously, unfairly and captiously ; which I have no reason to imagine they will do, from anything I have observed in them, or in other parts of ministry. But I confess, when I consider that Canada is put on the other side of the waters, its bounds being expressly so marked out, it appears to me absolutely impossible to say to whom the land on this side belongs, except to you, unless his Majesty should choose to erect a new government, a thing no way likely or convenient for any good purpose. The Quebec Line was constantly stated and argued in the House, as the boundary between the Provinces of Quebec and New York, in that public discourse (rather than debate) which latterly we had on the subject. — I think the line to all intents and purposes as much your bound- Boundaries of the State of New York. 99 ary, as if it were ever so expressly set down. Canada, at least, cannot say, " this belongs to me." I did not press to have the line called the boundary between New York and Canada ; because we should again fall into dis- cussion about the bounds of other Colonies, as we had about those of Pennsylvania, which discussion alone had very near defeated me. It would he asked, why the line along Nova Scotia, New Hampshire, and the Northern Massachusetts Claim, was not called the boundary of these provinces, as well as of New York. It would be said, that this Act was to settle a Constitution for Quebeq, and not for adjusting the limits of the Colonies, and, in the midst of this wrangle, the whole object would have infallibly escaped the House, as it grew quite tired of it. All business stood still whilst we were word- ing the clause, and on our difficulties, Lord North proposed to revert to the old words, which he said to him were the best, and that he only gave way to the sentiments of other people, who, on his concession found a difficulty in effectuating their own purpose. I must, therefore, accept what I could get, and the true method of estimating the matter is to take together — the time ; what we escaped ; and what we obtained ; and then to judge whether we had not had a tolerable bargain. Those who were present, congratulated me, as on a great advantage. I am sure, I acted for the best, with great rectitude of intention and a good deal of assiduity. I send you the bill with the amend- ments marked. As to the other parts of the bill, they are mat- ters of more general policy. As I have already given you a great deal of trouble, I do not mean to detain you any longer upon foreign matter. I received your obliging letter of the 31st of May, and am extremely happy in the honor of your approbation. You undoubtedly may dispose of my letters as you judge proper. I must in this respect confide entirely in your prudence, being fully satisfied, that the matter will always direct you suffi- ciently in what you ought to conceal, and what to divulge. I have sent off long ago the Wawayanda and Cheesecock 100 Copies of Documents Relating to the Acts. I have had the honor of seeing Mr. Cruger at my house, on his return to Bristol. I endeavoured to attend to hiin in the manner to which his merit and connections entitle him. I have the honour to be, with the highest esteem and regard, gentlemen, your most obed't and humble servant, EDMUND BURKE. 1 Beacon sfield, August 2, 1774. To the Committee of Correspondence for the General Assem- bly at New York. — \_N. Y. Hist. Sog. CoWns, 2d Series, ii, 219-225. Goveenoe Teton conceening Peovince or New Yoek. 1774. * * * * The Province of New York is situated on the Atlantic Ocean which washes its Southern shores : The Colonies of Connecticut, Massachusetts Bay and New Hampshire, lying to the East, Quebec to the North, and New Jersey, Pennsylvania and the Indian Country to the West. * * The Boundaries of the Province of New York are derived from Two Sources. — First, the Grants from King Charles the Second to his Brother James Duke of York dated the 12 th March 1663-4 and the 29 June 1674, which were intended to convey to the Duke all the Lands claimed by the Dutch, the first occupants of this Colony. — Secondly, from the Submis- sion and Subjection of the Five Nations of Indians to the Crown of England. The Descriptive part of both the Duke's Grants is in the same Words and exclusive of the Territory Eastward of Con- necticut River, since granted to the Massachusetts Bay by their Charter of 1691, comprehends "All that Island or Islands com- monly called Mattawacks or Long Island, together with Hud- son's River, and all the land from the West side of Connecticut River to the East side of Delaware Bay." Connecticut River 1 See also CavendislCs Debates on Quebec Bill, pp. 188-194, etc. — [P. Boundaries of the State of New York. 101 extends beyond, and Hudson's River takes its rise a little to the Southward of the Forty fifth Degree of Northern Latitude ; And as a Line from the Head of the River Connecticut to Delaware Bay, would exclude the greatest part of Hudson's River, which is expressly granted to the Duke of York, the Boundary most consistent with the Grants to the Duke, and the claim of New York founded thereon, is a line from the Head of the Connecticut River to the source of Hudson's River, thence to the Head of the Mohawk Branch of the Hud- sons River and thence to the East side of the Delaware Bay. That this has been the reputed Boundary under the Duke's Title has been confirmed by the Grants of this Government extending Westward nearly to the Head of the Mohawk Branch of the Hudson's River, and Southward of that Branch to within a few miles of the North Boundary of Pensylvania. No other Construction will justify the terms of the Grants to the Duke, nor any Lines less comprehensive include the Lands patented by this Province or ceded to the Crown by the Indians, at the Treaty of Fort Stanwix in 1768. 1 The Second source of the Title of this Government is grounded on the Claim of the Five Nations who are in the Treaty of Utrecht acknowledged by France to be subject to Great Britain. Soon after the English conquered this Country from the Dutch, pursuing their System of Policy, they entered into a strict Alliance with the Natives who by Treaties with this Colony, subjected themselves to the Crown of England, and their Lands to its protection, and from this Period were always treated as Subjects, and their Country considered by this Gov- ernment as part of the Province of New York, which proba- bly gave rise to the extended jurisdiction of the Colony beyond the Duke's Grants, signified by the words " The Territories depending thereon" which are found in all the Commissions of the Crown to its Governors. Nor has the Crown except by the confirmation of the Agreement fixing the Boundary of Connecticut at about Twenty miles East of Hudson's River at 'See N. Y. Doc. Hist., i, 379 (4°); 587(8°).— [P. 102 Copies of Documents Relating to the any Time contracted the jurisdiction of the Colony Westward of Connecticut River & Southward of the Latitude 45 the Proclamation of His present Majesty of the 7 th of October 1763, leaving the jurisdiction Southward of that Latitude as it stood before, tho' it prohibits for the present the further Extention of the Grants and Settlements into the Country thereby reserved to the Indians, to avoid giving Umbrage to that People who complained they were too much strait- ned in their hunting grounds. It is uncertain to this Day to what Extent the Five Nations carried their claim to the West- ward & Northward but there is no doubt it went to the North beyond the 45 Degree of Latitude and Westward to Lake Huron, their Beaver Hunting Country being bounded to the West by that Lake, which Country the Five Nations by Treaty with the Governor of this Province at Albany in 1701, surrendered to the Crown to be protected and defended for them — Mitchell in his Map extends their claim much further Westwards and he is supported in this opinion by Maps and other authorities very Ancient and Respectable. The above Treaty of 1701 is to be found among the Records of Indian Transactions 1 but it is recited and the Surrender made thereby confirmed in a Deed dated the 14 th September 1726 by which the Seneca, Cayouga and Onondaga Nations also surrender' d their Habitations to King George the first, a Copy whereof is inserted in the article of the Appendix, Number 1. w 1Y w Vv Without any view to the more Westerly claim of the Five Nations, supposing the Colony to comprize within its Limits or Jurisdiction the Country those Nations Surrendered to the Crown by the Description of the Beaver Hunting Country as before mentioned — The Boundaries of the Province of New York are as follows. 1 The four folio volumes of these Records have disappeared from the archives of the State, and it is feared are no longer in existence. Wraxall's MS. Abridgment of the same, now in the State Library, does not contain the Treaty referred to. — [P. Boundaries of the State of New York. 103 On the South. The Atlantic Ocean, including Long Island, Staten Island and others of less note. On the West. The Banks of Hudson's River from Sandy Hook, on the Ocean, to the 41 Degree of Latitude — Thence the Line estab- lished between New York and New Jersey to Delaware River — Thence the River Delaware to the North East corner of Pensylvania or the Beginning of the Latitude 43, which in Mitchel's Map is by mistake carried thro' the whole of that degree — Thence the North Boundary Line of Pensylvania to the Northwest Corner of that Province, and continuing the same Line to a point in Lake Erie which bears due South from the East Bank of the Streights of D'Etroit and of Lake Huron to the Forty Fifth Degree of Northern Latitude. On the North. A Line from a point on the East Bank of Lake Huron in the Latitude of Forty Five East to the River St Lawrence, or the South Boundary Line of Quebec ; Thence along the South Boundary Line of that Province across the River St Lawrence to the Monument on the East Bank of Lake Cham- plain fixed there in the 45 Degree of Northern Latitude ; Thence East along the Line already run and marked to the Monument or Station fixed on the "West Bank of the River Connecticut in the same Latitude. On the East. The Western Banks of the River Connecticut from the last mentioned Station to the South-west corner of the Province of New Hampshire, in the North boundary Line of the Mas- sachusetts bay ; and from thence along that Line, (if contin- ued) and the Western limits of the Province of Massachusetts Bay, and the Colony of Connecticut. In the Appendix N°. 4, is a Map of the Province of New- York according to the preceding Description of its Boundaries. l —[JV. Y. Doe. Hist., i, 503-6 (4°) ; 739-744 (8°). 'This Appendix is not preserved in the Documentary History.— [P. 104 Copies of Documents Relating to the Appendix, No. 1. [Deed to King George the First reciting the surrender by the Five Nations of their Beaver Hunting Country, and containing an actual surrender of the Castles or Habitations of the Sennecas, Cayougas and Ouondagas.] To all People to whom this present Instrument of Writing shall come. Whereas the Sachems of the Five Nations did on the 19 th day of July one Thousand Seven Hundred and One in a Con- ference held at Albany, Between John Nanfan Esq 1- late Lieutenant Governor of the Province of New York give and render up All their Land where the Beaver Hunting is, which they won with the Sword then Eighty years ago to Coorachkoo Our Great King praying that he might be their Protector and Defender there for which they desired that their Secretary might then draw an instrument for them to sign and: seal that it might be carried to the King as by the Minutes thereof now in the Custody of the Secretary for Indian Affairs at Albany may more fully and at large appear — We Kanakazighton and Shanintzarouwee Sinneke Sachims, Ottsoghkoree, DeKanis- oree and Aenjeweeratt Cayouge Sachims, Rachjakadorodon and Sadegeenaghtie, Confirm, Submit and Grant And by these presents do (for Ourselves, our Heirs and Successors and in behalf of the Whole Nations of Sinnekes, Cayouges and Onnon : dages,) ratify, Confirm and Submit and Grant unto our most Sovereign Lord George by the Grace of God, King of Great Britain France & Ireland, Defender of the Faith, &c. His Heirs and Successors for ever All the said Land & Beaver Hunting to be protected & Defended by his said Majesty, His Heirs and. Successors to and for the Use of Us, our Heirs and Successors, And the said three Nations ; And we do also of our own accord free & voluntary Will give, render, submit and grant, and by these presents do for Ourselves our Heirs and Successors give, render, submit and Grant unto our said Sovereign Lord King George, his Heirs & Successors for ever, All that Land lying & being sixty Miles Distance taken Directly from the Water into the Country, Beginning from a creek called Canahogue on the Lake Oswego, all along the said Lake and all along the Boundaries of the State of New Yore. 105 Narrow passage from the said Lake to the Falls of Oniagara called Oanaguaraghe and all along the Kiver of Oniagara and all along the Lake Catarackqui to the Creek called Sodoms belonging to the Senekes & from Sodoms to the Hill called Tegerlmnkserode belonging to the Cayouges and from Teger- hunckserode to the Creek called Caynunghage belonging to the Onnondages All the said Land being of the Breadth of sixty English miles as aforesaid. All the way from the aforesaid Lakes or Rivers directly into the Country and thereby includ- ing all the Castles of the aforesaid Three Nations witli all the Rivers, Creeks & Lakes within the said Limits to be protected and defended by his said Majesty his Heirs and Successors for ever to and for Our Use our Heirs and Successors & the said Three Nations. In Testimony Whereof We have hereunto set our Marks and affixed our Seals in the City of Albany this fourteenth Day of September in the Thirteenth year of His Majesty's Reign Anno Domini 1726. — \_N. Y. Doc. Hist., i, 525 (4°) ; 775 (8°). Indian Records. The " Minutes in the Custody of the Secretary for Indian Affairs," referred to in the foregoing Appendix, include the following entries * Albany 14 July 1701. The Lieu 1 Gov r John Nanfan Esq r met the 5 nations & made a Speech to them w ch is not recorded. They Answer — They condole with him on the Death of the late Gov r the Earl of Bellmont & congratulate him on his accession to the Gov 1 . They say we shall all have our Eyes fixed upon you because we daily meet with great difficulties from the French of Canada. We doubt not but you will be careful to keep the Covenant Chain firm as the late Gov 1 " has done whose soul is now in heaven. 14 106 Copies of Documents Relating to the We do with all sincerity acknowledge the great kindness that his Majesty the Great King has for the 5 nations. We will endeavour to behave our selves as such that may merit his Majestys Esteem by our faithfulness to the English Crown. We cannot sufficiently express our Gratitude to so Gracious a Prince, and we shall never fail to obey your Commands who are his Lieutenant. Albany 19 July 1701 The Lieu 1 Gov r had a further Conference with the 5 nats. His Speech is not recorded. They say. We complain of the French of Canada incroach- ing upon our Territories & that they go & build Forts upon our Land without our Consent. We pray the Great King of England may be acquainted with it & that he will be pleased to take care to prevent it. We do renew the Covenant Chain & make it bright & clear & we fasten it to the Hills w ch lye round this City, for Trees may rot & decay, but the Hills will remain immoveable. Let the Covenant Chain reach from New York to the Senne- kas Country that all the People that are under it may be secure from all attempts of an Enemy. We would remove the End of it to Troich Sachronde 1 or Wawyacktenok if it were in our Power, but the French would mock at it for they have taken it in Possession already against our wills sending People thither to make Forts, but hope they will be removed speedily away. If the French make any attempts or come into our Country to delude us, we desire you to send men of wisdom & under- standing to Countermine them, for they are too subtle & dining for us & if you can convince them that will be a means to stop their designs & to prevent their ill Intentions. We desire that our Secr y Rob' Livingston may be sent to the Great King of England to acquaint him that the French of Canada incroach upon our Territories by building a Fort at 1 The Straits between Lake Huron & Lake Erie. Boundaries of the State of New York. 107 Tejughsakroudie 1 and to pray that our Great King may use all means to prevent it. We shall be tied up ; we shall not be able to live, they will come nearer to us every day with their Forts. We do give & render up all that Land where the Bever hunting is w ch we won with the Sword 80 years ago & pray that lie (the King) may be our Protector and Defender there ; and desire that our Secretary may write an Instrument w ch we will Sign & Seal that it may be carried by him to the King. 2 * * * * The Gov 1 " of Canada hath sent a Party of men who are gone behind our Country privately to build a Fort at Tejughsagh- rondie. You desire to know what we have done in that Case. The People that have been at Onondago can tell you. We thought this Government would have done something in the matter, & to have found yon buisy in your Books & Maps con- cerning it, that the Line should be run between the Two Gov- ernments. We can do nothing in the Case, you know we have not Power to resist such a Christian Enemy, therefore we must depend upon you Bro r to take this Case in hand & acquaint the Great King with it for what will become of us at this rate. Where shall we hunt Bever if the French of Canada take Pos- session of our Bever Country. * * * * — [ WraxalVs Indian Records, MS., in N. Y. State Library, pp. 35-38. Lieut. Governor John Nanfan to the General Assembly, August 19, 1701. * * * * I cannot but take it as a presage of the future success of my Endeavours for the good of this province, that at this time, when the danger of warr makes it requisite to be well assured of the ffidelity of our ffive nations of Indians, they have not 1 The 5 Nation name for Lake Erie & is I suppose Fort [name illegible] w ch the French had at the West end of Lake Erie. 2 In the contents of this meeting is minuted the Deed of Surrender of this Land to the King dated the 19 July 1701, but no such Deed appears recorded. 108 Copies of Documents Relating to the only repeated their assurances in such a manner as has been sacred among 'era but Conveyed to the Crown of England a vast Tract ot Land of great consequence for preventing their necessity of Submitting to the neighbouring power. * * -* * — [Journal of N. Y. Legis. Council, i, 157. Albany, the 1 July 1751 Vt * # * Gov r Clinton takes notice to them [the Six Nations] of a Fort the French are Building at Oniagara 1 he represents to them the Fatal Consequences of their suffering the French to environ them with their Forts & directs them to prohibit their going on with any such Buildings, he also mentions the French going to build a Fort near the Ohio. The 6 Nations in their Answer say they have already dis- patched an Embassy to Canada about these Buildings of the French & shall take further measures about them & they add further in their said Speech. — " We desire your ExcelF will " carry a Message from us & inform the King our Father that " the French are endeavouring to take away our Lands & " Build Forts on them & beg that the King will inform the " King of France of the Proceedings of his Subjects that he may " put a stop to it for that the Land belongs to the King our "Father & the Gov r of this Province." 2 — [}VraxalVs Indian Records, pp. 223, 224. 'Between Lake Erie & Lake Ontario to the Southward of Niagara. 2 This claim of the Indians of the 6 Nations & the consequent right of the Crown of Great Britain by their having repeatedly put themselves & all their Lands both occupied & conquered under the Dominion & protection of the Crown of Great Britain, is so well supported by incontestible Proofs in the Indian Records from their earliest Period to this Day & w ch I have taken care to mention frequently in these abstracts. Hence as I conclude all the French Forts from Crown Point to west end of Lake Erie along the South side of the River St. Laurens & of the Lakes Ontario & Erie, are unjustifiable Encroachments & contrary to the Law of Nature & of Nations. ■ Boundaries of tee State of New York. 109 The Iroquois, or Five Nations of Indians, and their Territorial Extent. Ji Jf ;u % The word Iroquois, as we are told by Charlevoix, who is a competent and reliable witness on this point, is founded on an exclamation, or response, made by the sachems and warriors, on the delivery to them of an address. * * It is a term which has been long and extensively used, both for the language and the history of this people; and is preferable, on enlarged considerations, to any other. The term Five Nations, used by Colden, and in popular use during the earlier period of the colony, ceased to be appropriate after the Tuscarora revolt in North Carolina, and the reunion of this tribe with the parent stock, subsequent to 1712. From that period they were called the Six Nations, and continued to acquire increased reputation as a confederacy, under this name, until the termination of the American Revolution in 1783, and the flight of the Mohawks and Cayugas to Canada, when this partial separation and break- ing np of the confederacy, rendered it no longer applicable. * # * # — [Schoolcraft's Notes on the Iroquois, j>P- 45, 46. * * * * At the era of Dutch discovery (1609), the Iroquois were found in the possession of the same territories between the Hudson and the Genesee rivers, upon which they afterwards continued to reside until near the close of the eighteenth cen- tury. At that time, the Five Nations, into which they had become subdivided, were united in a League; but its formation was subsequent to their establishment in the territories out of which the State of New York has since been erected. * # * * Tradition * * informs us that prior to their occupation of New York, they resided in the vicinity of Montreal, upon the northern bank of the St. Lawrence, where they lived in subjection to the Adirondacks, a branch of the Algonquin race, then in possession of the whole country north of that river. At that time, the Iroquois were but one nation, and few in 110 Copies of Documents Relating to the number. * * They made an attempt to secure the independ- ent possession of the country they occupied ; but having been, in the struggle, overpowered and vanquished by the Adiron- dacks, they were compelled to retire from the country, to escape extermination. * * Their first settlements, they believe, were located upon the Seneca river, where for a time they dwelt together. At a subsequent day they divided into bands, and spread abroad to found new villages. * * These several bands were, at first, obliged to contend with the various tribes whom they found in possession of the country. After their expulsion, the interests and pursuits of the five nations not only became distinct, but the severance was followed by a gradual alienation, finally resulting in a state of open warfare, which continued for an unknown period. The project of a League originated with the Onondagas, among whom it was first suggested, as a means to enable them more effectually to resist the pressure of contiguous nations. * * In relation to the period of its origin, there are some circumstances connected with their first intercourse with Euro- peans, tending to show that it had subsisted about a century at the era of Dutch discovery ; on the other hand, their principal traditions indicate a period far more remote. After the formation of the League, the Iroquois rose rapidly in power and influence. * * One of the first results of their federal system was a universal spirit of aggression ; a thirst for military glory and political aggrandizement. * * With the first consciousness of rising power, they turned their long cherished resentment upon the Adirondacks, who had oppressed them in their infancy as a nation, and had expelled them from their country, in the first struggle for the ascend- ancy. This war raged for a long time with unceasing animosity, and was continued nearly fifty years after the commencement of French occupation, until the descendants of the ancient Adirondacks were almost totally extirpated. At the era of French discovery (1535), the latter nation appear to have been dispossessed of their original country, and driven down the St. Lawrence as far as Quebec. * * After the permanent Boundaries of the State of New York. Ill occupation of Canada by the French, in 1607, the Adirondacks became their allies ; bnt the protection of the former was insufficient to shield them against the hostile visitations of their hereditary enemy. A new era commenced with the Iroquois upon the establish- ment of the Dutch trading-post at Orange, now Albany, in 1615. * * Friendly relations were established between the Iroquois and the Dutch, which continued without interruption until the latter surrendered their possessions upon the Hudson to the English, in 1661. * * The English, in turn, cultivated the same relations of friendship which had been commenced with them by the Dutch. * * It was otherwise, however, with the French. From the first to the last they encountered the uncompromising and inveterate enmity of the League. * * The French having allied themselves with the Adirondacks and Hurons, gave them arms and assistance, and incited them against the Iroquois, a spirit of hatred was aroused against them, which never ceased to burn until the final subjugation of Canada by the English, in 1760. * * To this Indian League, France must chiefly ascribe the overthrow of her magnificent schemes of colonization in the northern part of America. With the possession of firearms commenced not only the rapid elevation, but absolute supremacy of the Iroquois over other Indian nations. In 1613, they expelled the Neuter Nation from the Niagara peninsula, and established a perma- nent settlement at the mouth of that river. They nearly exterminated, in 1653, the Eries, who occupied the south side of Lake Erie and from thence east to the Genesee, and thus possessed themselves of the whole area of western New York, and the northern part of Ohio. About the year 1670, after they had finally completed the dispersion and subjugation of the Adirondacks and Hurons, they acquired possession of the whole country between lakes Huron, Erie and Ontario, and of the north bank of the St. Lawrence, to the mouth of the Ottawa river, near Montreal. On the north shore of lake 112 Copies of Documents Relating to the Ontario they founded several villages, in. the nature of colonial towns, to maintain possession of the conquered territory. * * * * — {Morgan? s League of the Iroquois, pp. 4-12. See also Schoolcraft' 's Notes, pp. iii-^v, and 44, 45. * * The middle, western, and northern portions of our State, including that part of Vermont, which was a part of New York until the Revolution, was the proper residence of the Iroquois. But less than a century ago, their territorial dominion (taking in that of their confederate, subject, or tribu- tary allies) embraced an empire, which might be compared to that of ancient Rome in the height of her imperial prosperity. Stretching from the junction of the Outawais and St. Lawrence, their line extended through Canada, westward to the north of Lake Huron, southward (including Michigan) to the junction of the Illinois and Mississippi, (and, in fact, they claimed, by conquest, nearly to the mouths of this river) thence across Kentucky, Ohio, Pennsylvania, to the sources of the Susque- hanna and the Hudson. * * — [Yates and Moultonh History of New York, p. 95. Views of Recent Historians. * * * * 1642. The war parties of the Five Nations, hereditary ene- mies of the Hurons, and the deadly opponents of the French, controlled the passes between Upper Canada and Quebec. * 1698. The boundary between New France and New York was still more difficult to be adjusted. Delius, the envoy from New York, included in that province all the country of the Five Nations, and declared openly, at Montreal, that the countries at the west, even Mackinaw, belonged to England. This extravagant ambition was treated with derision : the French, moreover, themselves laid claim to the lands of the Five Nations. * * * * 1701. As the claims of discovery and early occupation were Boundaries of the State of New York. 113 clearly with the French, the English revived and exaggerated the rights of the Five Nations. * * Their hunting- grounds were interpreted to extend to Lake Nipissing ; and, on old English Maps, the vast region is included within the dominions of England, by virtue of an act of cession from the Iroquois. But as a treaty, of which no record existed, could hardly be cited by English lawyers as a surrender of lands, it was the object of Governor Burnet to obtain a confirmation of this grant. Accordingly, in the treaty concluded at Albany, in September, 1726, the cession of the Iroquois country west of Lake Erie, and north of* Erie and Ontario, was confirmed ; and, in addition, a strip of sixty miles in width, extending from Oswego to Cuyahoga River at Cleveland, was " submit- ted and granted," by sachems of the three western tribes, to " their Sovereign lord, King George," " to be protected and defended by his said majesty, for the use of the said three nations." The Chiefs could give no new validity to the alledged treaty of 1701 ; they had no authority to make a cession of land ; nor were they conscious of attempting it. If France had renounced its rights to Western New York, it had done so only by the treaty of Utrecht [1713]. * * * --[Bancroft's U. S. History, iii, 132, 192, 340, 341. See also 193, 194, 233, 234, 244, 339. During the eventful transfers of the territorial sovereignty of this State within the last two centuries, from the Iroquois and Lenape to the Dutch, from the Dutch to the English, and prior to their recognition of our independence, it will be seen that Spain and France, as well as England and Holland alter- nately claimed this territory. * * * By the coasts and harbours of New York, we shall under- stand its frontiers and sea-board boundaries as they were defined or controverted during our proprietary and colonial govern- ments, or as they are now settled. Consequently, they will partly comprise at the north, Lake Champlain, the rivers Sorelle and St. Lawrence; eastwardly, parts of Vermont, 15 114 Copies of Documents Relating to the Massachusetts, and Connecticut, as far as the river of that name, and as far as Nantucket, Martha's Vineyard, Elizabeth's Island, No Man's Land, Pemaquid, and the territories and islands adjacent, belonging to the Duke of York agreeably to the English eastern colonial boundary : or from Cape May to Cape Henlopen, according to the Dutch claim, or from Connecticut river to the Delaware, according to their possession : westerly, including New Jersey and part of Pennsylvania, until its western confines reached Lake Erie, Niagara, and Lake Ontario. * * * * — [Yates and Moultorfs Hist, of N. Y.,pp. 109, 110. [In N. Y. Committee of Safety.] Die Sabati, 10 ho. a. m., March 1, 1777. ■* * * * A letter from Brigr. Genl. Bailey, dated Newbury [Vt.], the 19th February last, was read. Resolved, That a committee be appointed to state the boun- daries of New-York, and the titles and principles upon which they are founded. That they have power to search the State records, and to procure other necessary materials ; and to employ one or more surveyors, or geographers, to assist them in preparing a plan or chart of this State, and that they have power to send for persons and papers ; and that Mr. Duane, Mr. R. Yates, Mr. R. R. Livingston, Mr. Hobart and Mr. Taylor, be a committee for that purpose. Ordered, That the letter of Brigadier-General Bailey, be committed to the above named committee. 1 * * * * — [Journal of JV. Y. Provincial Congress and of Committee of Safety, p. 819. ("In Congress], March 19, 1779. Congress took into consideration the report ot the com- mittee of the whole, and agreed the following ultimata: 1. That the thirteen United States are bounded, north, by a 1 We do not find a copy of Gen. Bailey's letter, nor does the above com- mittee seem to have reported. — [ P. Boundaries of the State of New York. 115 line to be drawn from the north-west angle of Nova Scotia, along the high lands which divide those rivers which empty themselves into the river St. Lawrence from those which fall into the Atlantic ocean to the north-westernmost head of Connecticut river; thence down along the middle of that river to the forty-fifth degree of north latitude ; thence due west in the latitude forty-five degrees north from the equator, to the north-westernmost side of the river St. Lawrence, or Cadaraqui ; thence strait to the south end of lake Nepissing ; and thence strait to the source of the river Mississippi : * * — [Secret Journals of Congress — Foreign Affairs, ii, 138. August 14, 1779. Congress proceeded in the consideration of the instructions to the minister to be appointed for negotiating a peace ; and unanimously agreed to the following draft of instructions to the commissioner to be appointed to negotiate a treaty o£ peace with Great Britain. Sir, You will herewith receive a commission, giving you full power to negotiate a treaty of peace with Great Britain, in doing which you will conform to the following information and instructions. * * * * 3. The boundaries of these States are as follows, viz. (as recited above, verbatim). * * * # — [Idem, ii, 224, 225. January 26, 1780. Resolved That a committee of seven be appointed to receive the communications of the honourable the minister of France. * * * * —[Idem, ii, 299. January 31, 1780. Congress taking into consideration the foregoing communi- cations, 116 Copies of Documents Relating to the Resolved, That the following answer be given to the com- munications of the honourable the minister plenipotentiary of France: * * * * The said committee report, That in a second conference with the honourable the minister plenipotentiary of France, he communicated to them — That his most christian majesty, 1 * * has signified to his minister plenipotentiary to the United States, that he wishes most earnestly for such an alliance ; and in order to make the way thereto more easy, has commanded him to communicate to the Congress certain articles which his catho- lick majesty deems of great importance to the interests of his crown, and on which it is highly necessary that the United States explain themselves with precision, and with such mode- ration as may consist with their essential rights. That the articles are — • 1. A precise and invariable western boundary to the United States. 2. The exclusive navigation of the river Mississippi. 3. The possession of the Floridas ; and 4. The lands on the left or eastern side of the river Missis- sippi. That in the first article, it is the idea of the cabinet of Madrid that the United States extend to the westward no far- ther than settlements were permitted by the royal proclama- tion bearing date the day of 1763. On the second, that the United States do not consider them- selves as having any right to navigate the river Mississippi, no territory belonging to them being situated thereon. On the third, that it is probable the king of Spain will con- quer the Floridas during the course of the present war ; and in such event, every cause of dispute relative thereto between Spain and these United States ought to be removed. On the fourth, that the lands lying on the east side of the Mississippi, whereon the settlements were prohibited by the 'The King of Spain.— [P. Boundaries of the State of New York. 117 aforesaid proclamation, are possessions of the crown of Great Britain, and proper objects against which the arms of Spain may be employed, for the purpose of making a permanent con- quest for the Spanish crown. * * — [Idem, ii, 307, 309. John Jay to the President of Congress. Madrid, May 26, 1780 * * * * If Congress remains firm, as I have no reason to doubt, respecting the Mississippi, I think Spain will finally be con- tent with equitable regulations, * * * — [Sparks' Diplomatic Correspondence, vii, 262. [In Congress], October 4, 1780. Congress unanimously agreed to the follow- ing instructions to the honourable John Jay, minister plenipo- tentiary of the United States of America at the court of Madrid. That the said minister adhere to his former instructions respecting the right of the United States of America to the free navigation of the river Mississippi into and from the sea ; * * * * That with respect to the boundary alluded to in his letter of the 26th of May last, 1 the said minister be and hereby is instructed to adhere strictly to the boundaries of the United States as already fixed by Congress. * * * — {Secret Journals of Congress — Foreign Affairs, ii, 323, 324. Instructions of Congress to Ministers Plenipotentiary Adams, Franklin, Jay, Laurens and Jefferson. June 15, 1781. * * * * You are to accede to no treaty of peace which shall not be such as may, 1st, effectually secure the independence and sovereignty of the thirteen states, * * 1 See Sparks' Dip. Corres., vii, 220-282.— [ P. 118 Copies of Documents Relating to the As to disputed boundaries and other particulars, we refer you to the instructions formerly given to Mr. Adams, dated 14th August, 1779, and 18th October, 1780, from which you will easily perceive the desires and expectations of Congress ; but we think it unsafe, at this distance, to tie you up by abso- lute and peremptory directions upon any other subject than the two essential articles above mentioned. * — [Secret Journals of Congress — Foreign Affairs, ii, 445. Articles agreed on between the American and British Commissioners. [Paris], October 8th, 1782. Articles agreed upon by and between Richard Oswald, the Commissioner of his Brittanic Majesty, * * and Ben- jamin Franklin and John Jay, for treating of peace. * * * * The said States are bounded north, by a line to be drawn from the northwest angle of Nova Scotia, along the high lands, which divide those rivers which empty themselves into the river St Lawrence, from those which fall into the Atlantic ocean, to the northernmost head of Connecticut river ; thence down along the middle of that river to the forty fifth degree of north latitude, and thence due west in the latitude forty- five degrees north from the equator, to the northwestern most side of the river St Lawrence, or Cadaraqui ; thence straight to the south end of the lake Nipissing ; and thence straight to the source of the river Mississippi, * — [Sparks'' Dip. Corres., x, 88, 89. * * To be submitted to His Majesty's consideration. * * — [Idem, x, 92. Articles agreed to after the return of the first set, which had been sent to England, October 8, 1782. November 5th, 1782. Articles agreed to by and between Richard Oswald, * and John Adams, Benjamin Franklin, and John Boundaries of the State of New York. 119 Jay, * * for treating of peace From the northwest angle of Nova Scotia, * * and along the said highlands to the northwesternmost head of Connecticut river, thence down along the middle of that river to the 45th degree of north latitude, following the said latitude until it strikes the river Mississippi ; * —[Idem, x, 94, 95. Thied set of Articles : — fresh proposals of the British Ministry. November 25th, 1782. * * to 'the northwesternmost head of Con- necticut river, thence down along the middle of that river to the 45th degree of north latitude ; from thence by a line due west on said latitude until it strikes the river Iroquois or Cat- aroquy ; thence along the middle of said river into Lake Ontario, through the middle of said Lake until it strikes the communication by water between that Lake and Lake Erie ; thence along the middle of said communication, into Lake Erie, through the middle of said Lake, until it arrives at the water communication between that Lake and Lake Huron ; thence through the middle of the said Lake, to the water com- munication between that Lake and Lake Superior; * * * * —[Idem, x, 101-3. Adams, Franklin, and Jay remained in Paris after the sig- nature of the preliminary articles, as Commissioners for mak- ing a Definitive Treaty. The English government sent David Hartley to Paris for the same purpose. Many propositions passed between the Commissioners of the respective countries, but after ten months' fruitless discussion, the Definitive Treaty was signed in the exact words of the Provisional Articles, on the 3d of September, 1T83. — [Idem, x, 70. 120 Copies of Documents Relating to the COMMISSIONERS ADAMS, FrANKLIN, Jay AND LAURENS, TO Robert R. Livingston. Paris December 14 1782. * * * * Remarks on Article 2d, Relative to Boundaries. The Court of Great Britain insisted on retaining all the territories comprehended within the Province of Quebec, by the Act of Parliament respecting it. * * It would be endless to enumerate all the discussions and arguments on the subject. We knew this Court and Spain to be against our claims to the western country, and having no reason to think that lines more favorable could ever have been obtained, we finally agreed to those described in this Article ; indeed they appear to leave us little to complain of, and not much to desire. Congress will observe, that although our northern line is in a certain part below the latitude of forty five, yet in others it extends above it, divides the Lake Superior, and gives us access to its western and southern waters, from which a line in that latitude would have excluded us. * * * * — [Idem, x, 117. Robert R. Livingston to the Commissioners. Philadelphia, March 25th, 1783. * * The boundaries are as extensive as we have a right to expect. * * * * —[Idem; x, 129. The American and British Commissioners met at Paris and commenced their negotiations in September, 1782. Mr. Adams and Mr. Laurens were not yet present, when, on the 8th October, 1782, Dr. Franklin and Mr. Jay entered into a provisional arrangement with Mr. Oswald, to he submitted how- ever to his Britannic Majesty. The boundaries denned by that agreement are in the following words, viz: thence down along the middle of that river Boundaries of the State of New York. 121 (Connecticut) to the forty-fifth degree of north latitude, and thence due west in the latitude forty-five degrees north from the Equator, to the north-westernmost side of the River St. Lawrence, or Cataraquy ; thence straight to the Lake Nipissing, and thence straight to the source of the River Mississippi ; * * * * * — [Gallatin's Memoir of N. E. Boundary of U. S.,p. 21. * * * * It is well known that this boundary was rejected by Great Britain. * * * * The proposal, if acceded to, would have given nearly the whole of Upper Canada to the United States. It was made in compliance with the resolutions of Congress of 1779, 1 repealed indeed by those of 1781, 2 which last, however, still referred to those of 1779 as expressive of the wishes of Con- gress. * ■& # * — [Idem, p. 23. Award of the King of the Netherlands. January 10, 1831. * * % % There results from the line drawn under the Treaty of 1783 through the great lakes west of the river St. Lawrence, a departure from the ancient provincial Charters with regard to those boundaries. — [Bouchette , s British Dominions in N. A., i, 490. A. Sketch of the State of Opinions in the Old Congress, DRAWN UP BY Mk. MaDISON. The two great objects, which predominate in the politics of Congress at this juncture 3 are Vermont and the Western Territory. * * * * 1 Secret Journals, March 19, 1779, Aug. 14, 1779.— [P. 4 Secret Journal*, June 15, 1781.— [P. "May 1,1782.— [P. 16 122 Copies of Documents Relating to the II. The territorial claims, particularly those of Virginia, are opposed by Khode Island, New Jersey, Pennsylvania, Delaware, and Maryland. * * * * The western claims, or rather a final settlement of them, are also thwarted by Massachusetts and Connecticut. * The general policy and interests of these two States are opposed to the admission of Vermont into the Union ; and, if the case of the Western territory were once removed, they would instantly divide from the Eastern States in the case of Vermont. Of this Massachusetts and Connecticut are not insensible, and therefore find their advantage in keeping the territorial controversy pending. Connecticut may likewise conceive some analogy between her claim to the Western country and that of Virginia. * * The western claims [of Massachusetts and Connecticut] are opposed by Virginia, North Carolina, South Carolina, Georgia, and New York, all of these States being interested therein. South Carolina is the least so. The claim of New York is very extensive, but her title very flimsy. She urges it more with the hope of obtaining some advantage or credit by its cession, than of ever maintaining it. — [Sparks' Life and Writings of Washington, viii, 547. [In Congress] Wednesday, October 15, 1777. Congress resumed the consideration of the article of con- federation under debate this morning ; whereupon it was moved, That, in order to render the present union and confederacy firm and perpetual, it is essential that the limits of each respective territorial jurisdiction should be ascertained by the articles of confederation ; and, therefore, it is recommended to the legislatures of every state to lay before Congress a description of the territorial lands of each of their respective states, and a summary of the grants, treaties, and proofs upon which they are claimed or established. New York, Pennsylvania and Maryland voted ay; the other states, no. " So it passed in the negative." Boundaries of the State of New York. 123 It was then moved " that the United States in Congress assembled, shall have the sole and exclusive right and power to ascertain and fix the western boundary of such States as claim to the South-Sea " [Pacific Ocean], " and to dispose of all land beyond the boundary so ascertained, for the benefit of the United States ; question put, passed in the negative." It was then moved " that the United States, in Congress assembled, shall have the sole and exclusive right and power to ascertain and fix the western boundary of such states as claim to the Mississippi or South-Sea, and lay out the land beyond the boundary, so ascertained, into separate and inde- pendent states, from time to time, as the numbers and circum- stances of the people thereof may require." Only Maryland voted ay. " So it passed in the negative." The several States in Congress assembled having thus denied the original jurisdiction of Congress in the case of State boundaries and their territorial extent, finally conceded an appellate jurisdiction, as appears from the following extract : Monday, October 27, 1777. * * * * Congress resumed the consideration of the article of con- federation, respecting the powers of Congress ; Whereupon, it was moved to strike out these words, " deciding all disputes and differences now subsisting or that hereafter may arise between two or more states concerning boundaries, jurisdic- tions or any other cause whatever," and instead thereof to insert " the United States in Congress assembled, shall also be the last resort on appeal in all disputes and differences now subsisting, or that hereafter may arise, between two or more States concerning boundary, jurisdiction, or any other cause whatever, which authority shall always be exercised in the manner following ;" * * The resolution further proposes a course of procedure in case either party fails to attend at the day appointed and con- 124 Copies of Documents Relating to the eludes with two provisos, one of which is " that no state shall be deprived of territory for the benefit of the United States." On the question of adopting this resolution, New Hamp- shire voted "no" South Carolina, "div." (divided), and the other States, " ay." "So it was resolved in the affirmative." Apeil 29, 1778. The committee appointed to prepare proposals to such foreign officers and soldiers as incline to become citizens of America, brought in a report, which being read and amended, was agreed to as follows : To the officers and soldiers in the service of the king of Great Britain, not subjects of the said king : •x- * * * Townships, from twenty to thirty thousand acres of land, shall be laid out and appropriated to such of you as will come over to us, in the following manner. * * * * We now address you as part of the great family of mankind, whose freedom and happiness we most earnestly wish to pro- mote and establish. Disdain, then, to continue the instruments of frantick ambition and lawless power. Feel the dignity and importance of your nature. Rise into the rank of free citizens of free states. Desist from the vain attempt to ravage and depopulate a country you cannot subdue, and accept from our munificence what can never be obtained from our fears. Resolved, That it be recommended to the several states, who have vacant lands, to lay off with as much expedition as possible, a sufficient quantity of lands to answer the purposes expressed in the foregoing address ; for which lands no charge is to be made against the United States. On the question to agree to the foregoing address and reso- Boundaries of the State of New York. 125 lution, six states voted ay, Rhode Island, Connecticut and New Jersey, no, and Maryland, dm. So it was resolved in the affirmative. * * * * — [Secret Journals of Congress, i, 70, 71, 73, 74. Monday, June 22, 1778. * * * * Congress proceeded to consider the objections of the states to the articles of confederation ; whereupon, the delegates of Maryland read to Congress instructions they had just received from their constituents ; and moved, That the objections from the state of Maryland to the con- federation be immediately taken up and considered by Con- gress : * * question put, resolved in the affirmative. * * * * A third amendment was moved in behalf of Maryland, * * " the United States in Congress assembled, shall have the power to appoint commissioners, who shall be fully author- ized and empowered to ascertain and restrict the boundaries of such of the confederated states which claim to extend to the river Mississippi, or South Sea :" after debate, Resolved, That the consideration thereof be postponed until to-morrow. * * * * Tuesday, June 23, 1778. * * * * " On the question to agree, the yeas and nays being required," only Rhode Island, New Jersey, Pennsylvania, Delaware and Maryland voted ay. " So it passed in the negative.' 1 On the same day it was moved, in behalf of Rhode Island, " that all lands within these states, the property of which, before the present war, was vested in the crown of Great-Britain, * * shall be deemed, taken and considered as the property of these United States, and be disposed of and appropriated 126 Copies of Documents Relating to the by Congress for the benefit of the whole confederacy, reserving, however, to the states within whose limits such crown lands may be, the entire and complete jurisdictions thereof: question put, passed in the negative, 1 aye, 9 noes." * * * * Thursday, June 25, 1778. * * * * " Congress took into consideration the representation from New Jersey, on the articles of confederation," of which the following is an extract : It was ever the confident expectation of this state, that the benefits derived from a successful contest, were to be general and proportionate ; and that the property of the common enemy, * * would belong to the United States, and be appropriated to their use. We are therefore greatly disap- pointed in finding no provision made in the confederation for empowering the Congress to dispose of such property, but especially the vacant and impatented lands, commonly called the crown lands, for defraying the expenses of the war, and for such other public and general purposes. The jurisdiction ought in every instance to belong to the respective states within the charter or determined limits of which such lands may be seated ; but reason and justice must decide, that the property which existed in the crown of Great-Britain, previous to the present revolution, ought now to belong to the Congress, in trust for the use and benefit of the United States. They have fought and bled for it, in proportion to their respective abilities, and therefore the reward ought not to be predilection ally dis- tributed. Shall such states as are shut out by situation from availing themselves of the least advantage from this quarter, be left to sink under an enormous debt, whilst others are enabled, in a short period, to replace all their expenditures from the hard earnings of the whole confederacy ? The same " representation " contains the following para- graph : The boundaries and limits of each state ought to be fully Boundaries of the State of New York. 127 and finally fixed and made known : this we apprehended would be attended with very salutary results, by preventing jealousies as well as controversies, and promoting harmony and confi- dence anions: the states. If the circumstances of the times would not admit of this, previous to the proposal of the confederation to the several states, the establishment of the principles upon which, and the rule and mode by which the determination might be conducted, * * * would be satisfactory. Upon a motion to reconsider the several articles in the con- federation, so far as to admit the purport of the amendments in the said representation of New Jersey, the question being put, it passed in the negative, " 3 ayes, 6 noes, 1 divided." Thursday, July 9, 1778. * * * * The ratification of the articles of confederation, engrossed on a roll of parchment, being laid before Congress, * * was signed, on the part and in behalf of their respective states, by the delegates of New-Hampshire, Massachusetts-Bay, Rhode- Island and Providence Plantations, Connecticut, New-York, Pennsylvania, Virginia, and South-Carolina, agreeably to the powers vested in them. The delegates of the states of New-Jersey, Delaware, and Maryland, informed Congress that they have not yet received powers to ratify and sign. North Carolina, whose legislature has ratified the articles of confederation, and the State of Georgia, were not at this time represented in Congress. * * * * Friday, July 10, 1778. * * * * The committee appointed to prepare a circular letter to the states in this union, who have not hitherto authorized their delegates to ratify the confederation, brought in a draft, which being read and amended, was agreed to as follows: Sir : Congress, intent upon the present and future security 128 Copies of Documents Relating to the of these United States, has never ceased to consider a con- federacy as the great principle of union, which can alone establish the liberty of America and exclude forever the hopes of its enemies. Influenced by considerations so powerful, and duly weighing the difficulties, which oppose the expectation of any plan being formed, that can exactly meet the wishes and obtain the approbation of so many states, differing essentially in various points ; Congress have, after mature deliberation, agreed to adopt, without amendments, the con- federation transmitted to the several states for their approbation. The states of New-Hampshire, Massachusett-Bay, Rhode-Island and Providence Plantations, Connecticut, New- York, Pennsyl- vania, Virginia, North-Carolina, and South-Carolina, have rati- fied the same, and it remains only for your state with those of to conclude the glorious compact, which, by uniting the wealth, strength, and councils of the whole, may bid defiance to external violence and internal dissensions, whilst it secures the public credit both at home and abroad. Congress is willing to hope that the patriotism and good sense of your state will be influenced by motives so important, and they request, sir, that you will be pleased to lay this letter before the legislature of in order that, if they judge it proper, their delegates may be instructed to ratify the con- federation with all convenient dispatch ; trusting to future deliberations to make such alterations and amendments as experience may show to be expedient and just. I have the honor to be, &c." * Friday, July 24, 1778. * * * * Pursuant to the powers in them vested, the delegates of Georgia signed the ratification of the confederation. * * ■* * Thursday, November 26, 1778. The delegates of New Jersey signed the ratification of the articles of confederation, in pursuance of the powers to them Boundaries of the State of New York. 129 granted by an act passed November 20, 1778, the preamble of which is in the following words : And whereas notwithstanding the terms of the said articles of confederation and perpetual union are considered as in divers respects unequal and disadvantageous to this state, and the objections to several of the said articles lately stated and sent to the general Congress aforesaid, on the part of this state, are still viewed as just and reasonable, and sundry of them as of the most essential moment to the welfare and hap- piness of the good people thereof; yet, under the full convic- tion of the present necessity of acceding to the confederacy proposed, and that every separate and detached state interest ought to be postponed to the general good of the union ; and moreover, in firm reliance that the candour and justice of the several states will, in due time, remove as far as possible the inequality which now subsists : Sect. 1. Be it enacted [etc.]. — [Secret Journals of Congress, i, 421. Wednesday, January 6, 1779. The delegates of Maryland laid before Congress a declara- tion of that state, relative to the confederation. Ordered, that the consideration thereof be postponed, ■x- # * # The said declaration is, in part, as follows: BY THE STATE OF MAKYLAND. A Declaration. Whereas the general assembly of Maryland hath heretofore resolved " That the delegates from this State should be instructed to remonstrate to the congress, that this state esteem it essentially necessary for rendering the Union lasting, that the United States in congress assembled should have full power to ascertain and fix the western limits of those states that claim to the Mississippi or South Sea." " That this state considered themselves justly entitled to a 17 130 Copies of Documents Relating to the right in common with the other members of the Union, to that extensive tract of country which lies to the westward of the frontiers of the United States, the property of which was not vested in, or granted to individuals at the commencement of the present war : That the same had been or might there- after be gained from the King of Great Britain, or the native Indians by the blood and treasure of all, and ought therefore to be a common estate to be granted out on terms beneficial to all the United States, and that they should use their utmost endeavors that an article to that effect be made a part of the confederation. * * * * Which resolves, remonstrance, and instructions were by our delegates laid before congress, and the objections therein made to the confederation were submitted in writing to their consideration, and the several points fully discussed and debated, and the alterations and amendments proposed by our delegates to the confederation in consequence of the aforesaid instructions by us to them given, were rejected, and no satis- factory reasons assigned for the rejection thereof. We do therefore declare that we esteem it fundamentally wrong and repugnant to every principle of equity and good policy, on which a confederation between free, sovereign and independent states ought to be founded ; that this or any other state entering into such confederation, should be bur- thened with heavy expences for the subduing and guarrantee- ing immense tracts of country, if they are not to share any part of the monies arising from the sales of the lands within those tracts, or be otherwise benefited thereby. We declare that we mean not to subject ourselves to such guarranty nor will we be responsible for any part of such expense, unless the third article [establishing a firm league of friendship for the common defence] and proviso [to the ninth, according to which no State was to be deprived of territory for the benefit of the United States], aforesaid be explained so as to prevent their being hereafter construed in a manner injurious to this state. #• * . * Boundaries of the State of New York. 131 "We declare that we will accede to the confederation, pro- vided an article or articles be added thereto, giving full power to the United States in congress assembled to ascertain and fix the western limits of the states claiming to extend to the Mississippi, or South Sea, and expressly reserving or securing to the United States a right in common in, and to all the lands lying to the westward of the frontiers as aforesaid, not granted to, surveyed for, or purchased by individuals at the commence- ment of the present war. * * "We entered into this just and necessary war to defend our rights against the attacks of avarice and ambition, * and we are resolved to continue * * until Independence is firmly established. * * If the enemy encouraged by the appearance of divisions among us, and the hope of our not confederating, should carry on hostilities longer than they otherwise would have done, let those be responsible for the prolongation of the war, and all its consequent calamities, who by refusing to comply with requisitions so just and reasonable have hitherto prevented the confederation from taking place. * * * * By the House of Delegates, December 15, 1778. By the Senate, December 15, 1778. — \_Ilening l 8 ( Va.) Statutes at -Large, x, 549-552.- Tuesday, February 16, 1779. Mr. M'Kcan, a delegate for Delaware, laid before Con- gress the following instrument, empowering the delegates of that state, or any of. them, to ratify and sign the articles of confederation : * * * * Whereas articles of confederation and perpetual union be- tween the states * * have been laid before the legislature of this state, to be ratified by the same if approved : and, whereas, notwithstanding the terms of the articles of confede- ration and perpetual union are considered as in divers respects 132 Copies of Documents Relating to the unequal and disadvantageous to this state, and the objections stated on the part of this state are viewed as just and reason- able, and of great moment to the welfare and happiness of the good people thereof, yet, under the full conviction of the present necessity of acceding to the present confederacy pro- posed, and that the interest of particular states ought to be postponed to the general good of the union ; and moreover, in firm reliance that the candour and justice of the several states will, in due time, remove as far as possible, the objectionable parts thereof: Be it enacted * * that the * delegates appointed to represent this state in Congress, or any one or more of them, be, and they hereby are authorized, empowered, and directed, on behalf of this state, to subscribe and ratify the said articles of confederation and perpetual union. * * Monday, February 22, 1779. * * * * In pursuance of the powers vested in him, Mr. M'Kean, a delegate from the state of Delaware, signed and ratified the articles of confederation in behalf of that state. Tuesday, February 23, 1779. The delegate of Delaware laid before Congress sundry reso- lutions passed by the council of that state, January 23, 1779, respecting the articles of confederation and perpetual union, and concurred in by the house of assembly, January 28, 1779, previous to their passing a law to empower their delegates to sign and ratify the said articles of confederation and perpetual union. On which it was moved, that the same be filed : To which it was moved, as an amendment, to add, " Provided, that it shall never be considered as admitting any claim by the same set up or intended to be set up." The motion thus amended was adopted, New Jersey, Dela- ware and Maryland voting no. Boundaries of the State of New York. 133 The said resolutions of Delaware are as follows : Resolved, That this state think it necessary for the peace and safety of the states to be included in the union ; that a moderate extent of limits should be assigned for such of those States as claim to the Mississippi or South Sea ; and that the United States in Congress assembled, should and ought to have the power of fixing their western limits. Resolved also, That this state consider themselves justly enti- tled to a right, in common with the members of the union, to that extensive tract of country which lies to the westward of the frontiers of the United States, the property of which was not vested in, or granted to, individuals at the commencement of the present war : That the same hath been, or may be, gained from the king of Great Britain, or the native Indians, by the Mood and treasure of all, and ought therefore to be a common estate, to be granted out on terms beneficial to the United States. Resolved also, That the courts of law established within this state are competent for the purpose of determining all controversies concerning the private right of soil claimed within the same ; and they now, and at all times hereafter, ought to have cognizance of such controversies: That -the indeterminate provision proposed in the ninth article of the confederation for deciding upon controversies that may arise about some of those private rights of soil tends to take away such cognizance, and is contrary to the declaration of rights of this state ; and therefore ought to receive an alteration. * * % * Resolved, That notwithstanding the terms of the articles of confederation aforesaid are considered as in divers respects unequal and disadvantageous to this state, and the objections in the report of the committee of this house, and the resolves made thereon, are viewed as just and reasonable, and of great moment to the welfare and happiness of the good people thereof; yet, under the full conviction of the present necessity of acceding to the confederacy proposed, and in firm reliance that the candour and justice of the several states will in due time remove as far as possible the objectionable parts thereof, 134 Copies of Documents Relating to the the delegates appointed to represent this state in Congress, or any one or more of them, be authorized, empowered and directed, on behalf of this state, to subscribe and ratify the said articles of confederation, * * and that the said articles, when so subscribed and ratified, shall be obligatory on this state. [Secret Journals of Congress, i, 429, 430. While several of the States, and particularly Maryland, strenuously insisted, as above shown, that Congress should assume and exercise the right of property in the unsettled western lands claimed by several of the individual States, other States, especially Virginia, continued the sale of these lands, and earnestly remonstrated against any interference, whether by a corporation or by Congress, as appears from the following records : Tuesday, September 14, 1779. * * * * A memorial of the proprietors of a tract of land called Indiana, signed on behalf of the proprietors, and as their agent, by George Morgan, was read, stating " that on the 3d day of November, 1768, at a general Congress with the Six Nations and other Indians, held at Fort-Stanwix, in considera- tion of the sum of £85,619 10 8, the amount of the value of the damages sustained by the traders, the said Six United and Independent Nations, the true and absolute owners and pro- prietors, did grant a tract of land called Indiana, described as follows, viz. * * that the said tract of land, thus obtained for so valuable a consideration, and with every circumstance of notoriety and authority that can give validity to any grant, was afterwards, (as being included within the bounds of a larger tract of land called Vandalia,) by order of the King of Great-Britain in council, before the declaration of the inde- pendency of these United States, separated from the dominion tract of country cannot remain subject to the jurisdiction of which, in right of the crown, Virginia claimed over it. Boundaries of the State of New York. 135 And therefore the memorialists are advised, that the said Virginia or any particular state, but of the whole United States in Congress assembled : that some acts of the state of Virginia, directing the sale of the lands in question, to com- mence in October next, for the particular benefit of that state, seem intended to prevent and defeat the interposition of Con- gress, and therefore praying this honourable house to take the distressed case of the memorialists into speedy consideration, and that such order may be directed as may be thought proper to stay Virginia in the sale of the lands in question, till Vir- ginia, as well as the memorialists, cau be heard before this honourable house, and tile whole rights of the owners of the tract of land called Vandalia, of which Indiana is a part, shall be ascertained in such a manner as may tend to support the sovereignty of the United States and the just rights of the individuals therein." Also a memorial of "William Trent, in behalf of Thomas Walpole and his associates, claiming a right to the tract of land called Vandalia, was read. A motion was adopted that the aforesaid memorial signed by George Morgan be referred to a committee of five. Friday, October 8, 1779. Congress proceeded to the election of a committee on the foregoing memorial of George Morgan, and ordered that the petition of William Trent before mentioned, be referred to the same committee. The committee was instructed to enquire into the founda- tion of an objection made by the Virginia delegates to the jurisdiction of Congress on the subject matter of the said petition and memorial. Friday, October 29, 1779. # * * * The committee to whom were referred the memorial of G. Morgan and the petition of William Trent, beg leave to report, that they have read over and considered the state of 136 Copies of Documents Relating to the facts given in by the delegates of Virginia, and cannot find any such distinction between the question of jurisdiction of Congress, and the merits of the cause, as to recommend any decision upon the first separately from the last ; that they recommend to Congress the following resolution, that, con- sidering the present incomplete state of the confederation, it be recommended to the state of Virginia, and every other state in similar circumstances, to suspend the sale, grant, or settlement of any land unappropriated at the time of the declaration of independence, until the conclusion of the war. * * * * Saturday, October 30, 1779. The following resolution was adopted, Virginia and North- Carolina, voting no, and New York, cliv : Whereas the appropriation of vacant lands by the several states during the continuance of the war will, in the opinion of Congress, be attended with great mischiefs ; therefore, Resolved, That it be earnestly recommended to the state of Virginia, to re-consider their late act of assembly for open- ing their land-office ; and that it be recommended to the said state, and all other states similarly circumstanced, to forbear settling or issuing warrants for unappropriated lands, or grant- ing the same during the continuance of the present war. VIEGINIA, to wit: In General Assembly the 14th December, 1779. The Remonstrance of the General Assembly of Virginia, to the delegates of the United American States in Congress assembled. * * The general assembly of Virginia cannot avoid expressing their surprize and concern, upon the information that congress had received and countenanced petitions from certain persons stiling themselves the Vandalia and Indiana company's, asserting claims to lands in defiance of the civil authority, jurisdiction and laws of this commonwealth, and offering tu erect a separate government within the territory Boundaries of the State of New York. 137 thereof. Should congress assume a jurisdiction * * super- seding or controuling the internal policy, civil regulations, and municipal laws of this or any other state, it would be a viola- tion of public faith, introduce a most dangerous precedent * * and establish in congress a power which in process of time must degenerate into an intolerable despotism. But altho' the general assembly of Virginia would make great sacrifices to the common interest of America, * * and will be ready to listen to any just and reasonable propositions for removing the ostensible causes of delay to the complete ratification of the confederation, they find themselves impelled bty the duties which they owe to their constituents, to their posterity, to their country, and to the United States in general, to remonstrate and protest ; * * against any jurisdiction or right of adjudication in congress, upon the petitions of the Yandalia or Indiana company's, or on any other matter or thing subversive of the internal policy, civil government, or sovereignty of this or any other of the United American States, or unwarranted by the articles of the confederation. — [Nervines (Va.) Statutes at Large, x, 557-559. Important Letter from General Philip Schuyler, as Delegate in Congress, to the N. Y. Legislature. Albany January 29 th , 1780. Gentlemen. Concieving it my Duty as a servant of the State to advise the Legislature of any Occurrences in Congress which may immediately affect either the Honor or the Weal of the State, I beg Leave to inform the honorable Houses in which you respectively preside of some Matters which I intended to have conveyed thro' his Excellency the Governor, supposing that to be the proper Channel of Communication: but was pre- vented by his leaving the City, and as I humbly concieve the Subject worthy the immediate Attention of the Legislature and that Evils may possibly arise from Delay, I have taken the Liberty to address myself to you, trusting that his Excel- 18 138 Copies of Documents Relating to the lency's Candor and that of the Legislature will excuse the Impropriety if it should be deemed one. Deeply impressed with a Sense of the intrinsic Advantages which would probably result to the United States in general, and this in particular, from a perfect and permanent Recon- ciliation with an Enemy so formidable to a weak and extensive Frontier as fatal Experience has evinced the Indians to be, to whom Distance of Situation seems no great Obstacle to pre- vent or retard their Incursions; reflecting, with the most anxious Concern, on the Desolation and Variety of Distress incident on a Savage War; apprehensive that they would con- sider themselves without any Alternative but that of recom- mencing Hostilities; dreading the Effects of a consequent Desperation on their part ; firmly believing that the greatly deranged State of the public Finances would render it exceed- ingly difficult to procure the necessary Supplies for that Army only which must keep the Enemy's Force on the Sea Board in Check ; doubtful whether detachments of sufficient Force to protect the Frontiers could be spared from our Army whilst the British retained their present position ; aware of the Dis- tresses and Expence incident on calling forth the Militia for the purpose ; convinced that an Obstacle of very interesting Importance would be removed if Events should happily arise which would permit us to turn our Attention to the Reduction of Canada or the Enemies Fortresses in the interior parts of the Country; persuaded that no farther offensive Operations could be prosecuted against the Savages with any probable prospect of adequate Advantage I embraced the earliest opportunity to advise Congress of the Overtures made by the Cayugas, and took the liberty strongly to point at the Neces- sity of an Accommodation with all the Savages : but not being honored with an Answer as early as the Importance of the Object seemed to require, and wishing to improve the Advan- tage which the first Impulse occasioned by the Disaster the Indians had experienced would probably afford us, I hastened to Congress to sollicit their Determination which was obtained Boundaries of the State of New York. 139 on the November last, Copy whereof I have the Honor to enclose. Whilst the Report of the Committee on the Business I have alluded to was under Consideration a Member moved in sub- stance " That the Commissioners for Indian Affairs in the " Northern Department should require from the Indians of the " six Nations, as a preliminary Article, a Cession of part of " their Country, and that the Territory so to be ceded should be " for the Benefit of the United States in general & grantable " by Congress." A Measure so evidently injurious to this State exceedingly alarmed and chagrined those whose Duty it was to attend to its Interests. « They animadverted with Severity on the unjustifiable principle held up in the Motion ; the per- nicious Consequence of divesting a State of its undoubted property in such an extrajudicial Manner was forcibly urged ; the Apprehensions with which it would fill and affect the Minds of a people who had been as firm in the present glori- ous Contest; who had made more strenuous and efficacious Exertions to support it ; had suffered more and still suffered as much as any were strongly painted. The Improbability that the Indians would accede to a Reconciliation when such a preliminary was insisted upon was observed by many Mem- bers & urged on a Variety of Considerations. The Gentle- men in Favor of the Motion attempted to support it on the general Ground that what was acquired or conquered at the common Expence ought to enure to the common Benefit : that the Lands in Question, altho' they might be comprehended within the Limits of the State of New York (which however was not acknowledged) was not the property of the State, that being either in the Natives or by Right of Conquest in the United States. The Motion was nevertheless after some far- ther desultory Debate rejected : but from what drop'd in the Debate we had Reason to apprehend that several who were opposed to the Motion founded their Opposition on the Neces- sity of a Reconciliation with the Indians, against which, they imagined the Spirit of the Motion would militate — and we had a few Days after a convincing proof that an Idea prevailed 140 Copies of Documents Relating to the that this and some other States ought to be divested of part of their Territory for the Benefit of the United States, when a Member afforded us the perusal of a Resolution for which he intended to move the House purporting " that all the " Lands within the Limits of any of the United States, hereto- " fore grantable by the King of Great Britain whilst these " States (then Colonies) were in the Dominion of that prince, " and which had not been granted to Individuals should be con- " sidered as the joint property of the United States and disposed " of by Congress for the Benefit of the whole Confederacy." The Necessity and propriety of such an Arrangement was strenuously insisted upon, in private Conversation, and even supported by Gentlemen who represented States in Circum- stances seemingly similar to ours with Respect to the Object of the intended Resolution. It was observed that if such States whose Bounds were either indefinite or were pretended to extend to the South Seas would consent to a reasonable Western Limitation, that it would supercede the Necessity of any intervention by Congress other than that of permanently establishing the Bounds of each State : prevent Controversy and remove the Obstacle which prevented the Completion of the Confederation. As this State would be eminently affected by such a Measure it was deemed of Importance as fully to investigate their Intentions as could be done consistent with that Delicacy and prudence to be observed on so interesting an Occasion and a Wish was accordingly expressed, as arising from mere Curiosity, to know their Idea of a reasonable West- ern Limitation. This they gave by exhibiting a Map of the Country, on which they drew a Line from the North west Cor- ner of Pennsylvania (which on that Map was laid down as in Lake Erie) thro' the Strait that leads to Ontario and thro' that Lake and down the S*. Lawrence to the forty-fifth Degree of Latitude for the Bounds of this State in that Quarter. Vir- ginia, the two Carolinas and Georgia they proposed to restrict by the Alleghany Mountains, or at farthest by the Ohio to where that River enters the Mississippi and by the latter River to the south Bounds of Georgia — That all the Territory to the Boundaries of the State of New York. 141 west of those Limits should become the property of the Con- federacy. We found this Matter had been in Contemplation some Time, the Delegates from North Carolina having then already requested Instructions from their Constituents on the Subjects, and my Colleagues were in Sentiment with me that it should be humbly submitted to the Legislature, if it would not be proper to communicate their pleasure in the premises by Way of Instruction to their Servants in Congress. I am gentlemen with great respect & esteem Your most obedient Humble Servant, PH: SCHUYLER. The Honble Pierre Van Cortlandt and Evert Banker Esq r8 . — [JV. Y. Legis. Papers (3fS., in State Library), No. 1544. [In N. Y. Senate:] Tuesday Morning, February 1, 1780. * * * * A Letter from the Honorable Philip Schuyler, Esq ; a Delegate from this State in Congress, dated at Albany, the 29th of January last, and directed to the Legislature, was received and read. Resolved, That Mr. Piatt, Mr. Paine, and Mr. Yates, be a Committee of this Senate, to meet such Committee of the Honorable the House of Assembly, as they shall think proper to appoint for the Purpose, to consider of, and report the steps proper to be taken by the Legislature, on the said Letter. Ordered, That Mr. Fonda carry a Copy of the aforegoing Resolution to the Honorable the House of Assembly. 142 Copies of Documents Relating to the [In Assembly.] Tuesday, 9 d> Clock, A. M., February 1, 1780. * * * * A Copy of a Resolution of the Honorable the Senate, deliv- ered by Mr. Fonda, with the Letter therein mentioned, was read, and is in the Words following, to wit, " In Senate, February 1, 1780. " Resolved" [etc. as above, except that the last two words, " said Letter," are replaced by the words, " the Letter from the Honorable Philip Schuyler, Esq ; one of the Delegates from this State in Congress."] The said Letter was then read. Ordered, That Mr. Harpur, Mr. Brasher, Mr. Bay, Mr. Vrooman, and Mr. Benson, be a Committee of this House, to meet the said Committee of the Honorable the Senate, for the Purposes in the said Resolution of the Senate mentioned. Ordered, That Mr. Brasher and Mr. Jay carry a Copy of the last Resolution to the Honorable the Senate. * * * * [In Senate.] Thursday Afternoon, February 3, 1780. * * * * A Message from the Honorable the House of Assembly, by Mr. Hopkins 1 and Mr. Grove)' 1 , 1 was received; informing, That Mr. Harpur, Mr. Brasher, Mr. Bay, Mr. Vrooman, and Mr. Benson, are appointed a Committee of that Honorable House, to meet the Committee of this Senate, to consider of, and report the Steps proper to be taken by the Legislature, on the Letter from the Honorable Philip Schuyler, Esq ; * * * * Saturday Morning, February 5, 1780. * * * * Mr. Piatt, of the Committee of this Senate, of the joint Committee of the Senate and Assembly, to whom was refer- 1 A new Committee seems to have been appointed to deliver this message, though no entry to this effect appears on the Jotn'nal. — [ P. Boundaries of the State of New York. 143 red the Letter from the Honorable Philip Schuyler, Esq ; reported, That the Committee had prepared the Draft of a Bill, for facilitating the Completion of the Articles of Con- federation and perpetual Union among the United States of America } ' and that they had directed him to move for Leave to bring in the same. Ordered, That Leave be given accordingly. Mr. Piatt accordingly brought in the said Bill, which was read the first Time, and ordered a second Blading:- Monday Morning, February 7, 1780. ■* * * * The Bill, entitled, " An Act to facilitate the Completion of the Articles of Confederation and perpetual Union among the United States of America ; " was read the second Time, and committed to a Committee of the Whole. [In Assembly.] Tuesday, 9 o' Clock, A. M., February 8, 1780. * # * * Mr. Harpur, from the Committee of this House, of the joint Committee of the Senate and Assembly, to whom was referred the Letter from the Honorable Philip Schuyler, Esq ; one of the Delegates from this State in Congress, reported, That the joint Committee had prepared the Draft of a Bill, to facilitate the Completion of the Articles of Confederation and perpetual Union among the United States of America: And that it was concluded in the said joint Committee, that the said Bill should originate in Senate. 144 Copies of Documents Relating to the [In Senate.] Tuesday Afternoon, February 8, 1780.- * * * * Mr. Piatt, from the Committee of the Whole, on the Bill, entitled, [as above], reported that they had gone through the Bill, and agreed to the same without Amendment. Ordered, That the Bill be engrossed. "Wednesday Afternoon, February 9, 1780. * * * * The engrossed Bill, entitled, [as above], was read the third Time. Resolved, That the Bill do pass. Ordered, That Mr. Rosevelt carry the Bill to the Honor- able the House of Assembly, and request their Concurrence thereto. [In Assembly.] Thursday, 9 6* Clock, A. M., February 10, 1780. * * * * A Message from the Honorable the Senate, was delivered, by Mr. Roosevelt, with the Bills therein mentioned, that the Senate have passed a Bill, entitled, * * : And a Bill, entitled, " An Act to facilitate" [etc., as above] ; and request the Concurrence of this House to the said Bills respectively. The said Bills were respectively read the first Time, and ordered a second Reading. Friday, 3 d> Clock, P. M., February 11, 1780. ■**•*# The Bill, entitled, [as above] ; was read a second Time, and committed to a Committee of the "Whole House. Boundaries of the State of New Yobk. 145 Saturday, 3 o' Clock, P. M., February 12, 1780. * -:•;■ * * Mr. Humfrey, from the Committee of the whole House, on the Bill, entitled, [as above], reported, That the Committee had gone through the said Bill, and made an Amendment thereto ; which they had directed him to report to the House; and he read the Report in his Place, and delivered the Bill, and Amendment, in at the Table, where the same were again read, and agreed to by the House. The said Bill, with the Amendment, was then read the third Time. Resolved, That the Bill,' and Amendment, do pass. Ordered, That Mr. Smith, and Mr. Quackenbos carry back the said Bill to the Honorable the Senate ; and inform them that this House have passed the same, with the Amendment therewith delivered. * * * * [In Senate.] Monday Morning, February 14, 1780. * * * * A Message from the Honorable the House of Assembly, by Mr. Smith and Mr. Quackenbos, was received, with the Bill, entitled, [as above], informing, that they had passed the Bill, with the Amendment therewith delivered. The said Amendment being read, and taken into Considera- tion, was agreed to, and the Bill was amended accordingly. Ordered, That Mr. Piatt return the Bill to the Honorable the House of Assembly ; and inform them that the Senate have agreed to the Amendment thereto, and that the same is amended accordingly. * * * # [In Assembly.] Monday, 9 d Clock, A. M., February 14, 1780. * * * * A Message from the Honorable the Senate, "was delivered by Mr. Piatt, with the Bill therein mentioned, that the Sen- 19 146 Copies of Documents Relating to the ate have agreed to the Amendment to the Bill, entitled, [as above] ; and amended the same accordingly. The said Bill, and Amendment, being examined ; and it appearing thereby that the Amendment is truly made : Ordered, That Mr. Humfrey, and Mr. Day return the said Bill to the Honorable the Senate. [In Senate.] Monday Afternoon, February 14, 1780. * ■* * * A Message from the Honorable the House of Assembly, by Mr. Humfrey and Mr. Day, was received, returning the Bill, entitled, [as above]. Ordered, That Mr. Parks carry the Bill to the Honorable the Council of Revision. * * -k * Tuesday Morning, February 15, 1780. * •* * * Ordered, That Mr. Piatt, Mr. Ten Broeck and Mr. Yates be a Committee to prepare and report a Draft of Instructions to the Delegates from this State in Congress. * * * * Wednesday Morning, February 16, 1780. Mr. Piatt, from the committee for the Purpose appointed, reported a Draft of Instructions to the Delegates of this State in Congress ; which he read in his Place, and delivered in at the Table, where it was again read, and considered by Para- graphs ; and the same being again read, was agreed to. Ordered, That Mr. Piatt carry the said Draft of Instructions to the Honorable the House of Assembly, and request their Concurrence thereto. Boundaries of the State of New York. 147 [In Assembly.] Wednesday, 9 o' Clock A. M. February 16, 1780. * * * * A Message from the Honorable the Senate, was delivered by Mr. Piatt, with the Draft of Instructions therein mentioned, that the Senate have prepared a Draft of Instructions to the Delegates of this State in Congress, and request the Concur- rence of this House. The said Draft of Instructions to the Delegates of this State in Congress, was read, and committed to a Committee of the whole House. Thursday, 9 o i Clock A. M. February 17, 1780. Mr. Moffat, from the Committee of the whole House, on the Draft of Instructions to the Delegates of this State in Con- gress, reported, That the Committee had gone through the said Draft of Instructions without Amendment ; which he was directed to report to the House ; and he read the Report in his Place, and delivered the said Draft in at the Table, where the same was again read and agreed to by the House. Resolved, If the Honorable the Senate shall concur herein, That after the Instructions shall be engrossed, Mr. President and Mr. Speaker subscribe the same in Behalf of both Houses; and that a Copy, subscribed as aforesaid, be sent by a Message from the Senate or Assembly, to. the Honorable the Council of Revision. Ordered, That Mr. Sacket carry a Copy of the above Reso- lution, with the said Draft of Instructions, to the Honorable the Senate; and inform them that this House have agreed to the said Draft of Instructions without Amendment. * * * * [In Senate.] Thursday Afternoon, February 17, 1780. * * * * A message from the Honorable the House of Assembly, by Mr. Sacket and Mr. Moffat, was received, with the Draft of 148 Copies of Documents Relating to the Instructions to the Delegates of this State in Congress ; informing, that they had agreed to the same without Amend- ment. Ordered, That the said Draft of Instructions be engrossed. Mr. Sachet and Mr. Moffat also delivered the following Resolution of the Honorable the House of Assembly for Con- currence, viz. " In Assembly, February 17, 1780. " Resolved" (etc., as above in morning Session). Resolved, That this Senate do concur with the Honorable the House of Assembly in their said Resolution ; and that this Senate will send a Copy of the said Instructions to the Honorable the Council of Revision accordingly. Ordered, That Mr. Tozer carry a copy of the aforegoing Resolution of Concurrence to the Honorable the House of Assembly. * -* * * Friday Morning, February 18, 1780. a- * * * The engrossed Instructions, from the Legislature of the State of New-Yorh, to their Delegates in the Honorable Con- gress of the United States of America, were read. Ordered, That Mr. Roosevelt carry a Copy thereof, sub- scribed by Mr. President and Mr. Speaker, on Behalf of both Houses, to the Honorable the -Council of Revision. * * * * [In Council of Revision.] Saturday 19 th February, 1780. Present — His Excellency Governor Clinton The Hon bIe M r Chief Justice Morris The Hon ble Mr. Justice Hobart. * * * * The Bill entitled " an act to facilitate the Completion of the articles of Confederation and perpetual union among the United States of America" together with the Instructions Boundaries of the State of New York. 149 from the Legislature of this State to their Delegates in Con- gress, to accompany the said Bill being read the second Time and considered. Resolved that it does not appear improper to the Council that the said Bill should become a Law of this State. Ordered that a Copy of the preceding Resolution signed by His Excellency the Governor be Delivered to the Honorable the Senate by M r . Justice Hobart. — [Minutes of Council of Revision (MS.), in office of Secre- tary of State, i, (not paged). [iIn Senate.] Saturday Morning, February 19, 1780. % * * * A Message from the Honorable the Council of Revision, of this Day, by Mr. Justice Hobart, was received; purporting that it does not appear improper to the Council, that the Bill, entitled, "An Act * * ": And the Bill, entitled, "An Act to facilitate the Completion of the Articles of Confedera- tion and perpetual Union, among the United States of America ; " should become Laws of this State. Preliminary Act of Cession by New York. An ACT to facilitate the Completion of the Articles of Con- federation and perpetual Union among the United States of America. Passed 19th February, 1780. Whereas nothing under Divine Providence, can more effectually contribute to the Tranquillity and Safety of the United States of America, than a federal Alliance on such liberal Principles as will give Satisfaction to its respective Members ; And whereas the Articles of Confederation and perpetual Union, recommended by the Honourable Congress of the United States of America, have not proved acceptable to all the States, it having been conceived, that a Portion of the Waste and uncultivated Territory, within the Limits or Claims of certain States, ought to be appropriated, as a common Fund 150 Copies of Documents Relating to the for the Expenses of the War : And the People of this State of New -York, being, on all Occasions, disposed to manifest their Regard for their Sister States, and their earnest desire to pro- mote the general Interest and Security, and more especially to accelerate the federal Alliance, by removing, as far as it depends upon them, the before mentioned Impediment to its final Accomplishment ; I. Be it therefore Enacted by the People of the State of New- York, represented in Senate and Assembly, and it is hereby Enacted by the Authority of the same, That it shall and may be lawful, to and for the Delegates of this State, in the Honourable Congress of the United States of America, or the major Part of such of them as shall be assembled in Congress ; and they the said Delegates, or the major Part of them, so assembled, are hereby fully authorised and empowered, for and on Behalf of this State, and by proper and authentic Acts or Instruments, to limit and restrict the Boundaries of this State in the Western Parts thereof, by such Line or Lines, and in such Manner and Form, as they shall judge to be expedient, either with Respect to the Jurisdiction, as well as the Right or Pre-emption of soil; or reserving the Jurisdiction in Part, or in the Whole, over the lands which may be ceded or relin- quished, with Respect only to the Right or Pre-emption of the Soil. II. And be it further Enacted by the Authority aforesaid, That the Territory which may be ceded or relinquished by virtue of this Act, either with Respect to the Jurisdiction as well as the Right or Pre-emption of Soil, or the Right or Pre-emption of Soil only ; shall be, and enure for the Use and Benefit of such of the United States, as shall become Members of the federal Alliance of the said States, and for no other Use or Purpose whatsoever. III. And be it further Enacted by the Authority aforesaid, That all the Lands to be ceded and relinquished by Virtue of this Act, for the Benefit of the United States, with Respect to Pro- perty ; but which shall nevertheless remain under the Juris- diction of this State ; shall be disposed of and appropriated in Boundaries of the State of New York. 151 such Manner only, as the Congress of the said States shall direct ; and that a Warrant, under the Authority of Congress, for Surveying and laying out any Part thereof, shall entitle the Party, in whose Favour it shall issue, to cause the same to be surveyed, and laid out, and returned, according to the Direc- tions of such Warrant ; and thereupon, Letters patent under the Great Seal of this State, shall pass to the Grantee for the Estate specified in the said Warrant ; for which, no other Fee or Reward shall be demanded, or received, than such as shall be allowed by Congress. IV. Provided always, and be it further Enacted by the Authority aforesaid, That the Trust reposed by Virtue of this Act, shall not be executed by the Delegates of this State, unless, at least three of the said Delegates shall be present in Congress. 1 — [Laws of N. Y. {Jones and Varick), pp. 53, 54. The "Instructions" adopted by the Legislature to accom- pany the foregoing Act, and therewith referred to the Council of Revision, seem not to have been recorded in the office of the Secretary of State ; a*nd the only copy available for the present purpose is one which seems to have been the original draft reported to the Legislature, and adopted without amend- ment, after having been duly engrossed. + Instructions from the Legislature of the State of New York to their delegates in the Honourable Congress of the United States of America. Given at Albany the day of Feb- ruary anno : Dom : 1780. [Copy from Original Draft.] Whereas by an Act passed at this present meeting of the Legislature held at the city of Albany Entitled An Act to facili- tate the Completion of the articles of Confederation & per- petual Union among the United States of America. You the said delegates are authorized to limit and restrict •For the original Draft of this Act, see N. T. Legis. Papers {MS.Jn State Library), No. 12G.— [P. 152 Copies of Documents Relating to the the boundaries of this State In the western parts thereof by such line or lines and in such manner and form as you for the purposes mentioned in the said act shall Judge expedient. And whereas ; It is Conceived necessary in a business of such high moment to the state that you should be Instructed by the legislature in the Discharge of the trust reposed in you by the Said Act : You are therefore directed in limiting the said boundaries to Insist on the following propositions in the order in which they stand viz 1 : 1 st . On a line from the North East Corner of Pensylvania along the north bounds thereof to Its north west Corner and Continued from thence untill It Intersects a Meridian Line drawn from the 45 th degree of North Latitude thro a point ten miles due west from the most westerly Bent or Inclination of the Strait between Lake Erie and Lake S l Clair : Thence by the said Meridian line to the 45 th degree of North lattitude thence by the said 45 th degree of North lattitude. 2 dly . On a line from the North East Corner of Pensylvania along the north bounds thereof to Its north west Corner and Continued from thence until It Intersects a Meridian Line drawn from the 44 th degree of North Lattitude thro a point ten miles due west from the most westerly bent or Inclination of the Strait between lake Erie and Lake S' Clair thence by the Said Meridian line to the 44 th degree of North lattitude Thence by the said 44 th degree of North Lattitude to lake Ontario or the Riv«r S*. Lawrence Thence down the north banks of the Said Lake and the Said river to the 45 th degree of north Lattitude, thence by the said 45 th degree of north Lattitude. 3 dly . On the bounds mentioned In the first proposition for the Jurisdiction of this State ; Yielding up to the united States the right of or preemption of Soil of the tract of Country lying west of a Meridian line drawn from the 45 th degree of north Lattitude thro a point twenty Miles due west of the most westerly bent or Inclination of the river or Strait of Niagara as far south & North & West of the s'd Meridian line as this State extends. Boundaries of the State of New York. 153 4 hly . On the bounds mentioned In the Second proposition for the Jurisdiction of this State Yielding up to the united States the right or preemption of Soii of the tract of Country described In the third proposition 5 hly . On a line from the North East Corner of Pensylvania along the north bounds thereof to the North west Corner thence southerly along the west bounds thereof until the head of the Cayahoga bears due west thence due west to the Head of the Cayahoga thence down the Cayahoga to the mouth thereof thence due north to the 44 th degree of North Latitude, thence by the 44 th degree of north latitude to Lake Ontario or the River S* iMwrence ; thence by the North banks of the Said Lake and of the Said River to the 45 th degree of North Lattitude & thence by the said 45 th degree of North latitude. 6 hly . On the bounds described In the fifth proposition for the Jurisdiction of this state Yielding up to the united States the right or preemption of Soil of the tract of Country described in the third proposition and also the right or pre- emption of Soil of the tract of Country laying west of pen- sylvania and on the South Side of Lake Eric. 7 hly . You are at liberty to agree upon any other line or lines which You may Judge from Circumstances to be Consistent with Your trust and equally advantageous for the State with either of the Propositions above mentioned but if neither of the said propositions or such others as you shall state shall take place You shall In no case restrict or limit the Bounds of the State so as to Exclude or relinquish Any part of the Terri- tory comprized within the following description which you are to Consider and Maintain as the ultimatum of this State both In respect of the right of soil or Preemption from the Natives and of Jurisdiction subject to the Proviso hereinafter named to witt — a line from the North East Corner of Pensylvania along the north bounds thereof to Its north west Corner continued due west untill It shall be Intersected by a meridian line to be drawn from the 45 th degree of North lat- titude thro a point twenty miles due west from the most 20 154 Copies of Documents Relating to the westerly bent or Inclination of the River or strait of Niagara, thence by the said Meridian line to the 45 th degree of North Lattitude, and thence by the Said 45 th degree of North Lati- tude, Provided Nevertheless that If the Great object of the Said Act cannot otherwise be accomplished you Shall be at Liberty to cede for the benefit of the united States the right or preuiption of Soil reserving the Jurisdiction, or even both the right or Preemption of Soil and of Jurisdiction to that tract of land part of the Territory described In this Ultimatum which lies east of the Meridian Line mentioned in this Ultima- tum and North of the 44 th degree of North Lattitude and of the Lake Ontario and of the Iiiver S l Lawrence. — [N. Y. Legis. Papers (MS., in State Library), No. 596. The journals of Congress make no specific mention of the reception or the reference to a Committee of a copy of the foregoing act with other papers, nor of the report of such Committee, until the subject was formally considered and acted upon, as follows : Wednesday, September 6, 1780. Congress took into consideration the report of the committee to whom were referred the instructions of the general assembly of Maryland to their delegates in Congress, respecting the articles of confederation, and the declaration therein referred to, the act of the legislature of New -York on the same subject, and the remonstrance of the general assembly of Virginia; which report was agreed to, and is in the words following: That having duly considered the several matters to them submitted, they conceive it unnecessary to examine into the merits or policy of the instructions or declaration of the general assembly of Maryland, or of the remonstrance of the general assembly of Virginia, as they involve questions, a discussion of which was declined on mature consideration, when the articles of confederation were debated ; nor, in the opinion of the committee, can such questions be now revived with Boundaries of the State of New York. 155 any prospect of conciliation ; that it appears more advisable to press upon those states which can remove the embarrass- ments respecting the western country, a liberal surrender of a portion of their territorial claims, since they cannot be pre- served entire without endangering the stability of the general confederacy ; to remind them how indispensably necessary it is to establish the federal union on a fixed and permanent basis, and on principles acceptable to all its respective members ; how essential to public credit and confidence, to the support of our army, to the vigour of our councils and success of our measures, to our tranquillity at home, our reputation abroad, to our very existence as a free 1 , sovereign and independent people ; that they are fully persuaded the wisdom of the respective legislatures will lead them to a full and impartial consideration of a subject so interesting to the United States, and so neces- sary to the happy establishment of the federal union; that they are confirmed in these expectations by a review of the beforementioned act of the legislature of New -York, submit- ted to their consideration ; that this act is expressly calculated to accelerate the federal alliance, by removing, as far as depends on that state, the impediment arising from the western country, and for that purpose to yield up a portion of territorial claim for the general benefit ; Whereupon, Resolved, That copies of the several papers referred to the committee be transmitted, with a copy of the report, to the legislatures of the several states, and that it be earnestly recommended to those states, who have claims to the western country, to pass such laws, and give their delegates in Congress such powers as may effectually remove the only obstacle to a final ratification of the articles of confederation ; and that the legislature of Maryland be earnestly requested to authorize their delegates in Congress to subscribe the said articles. Copies of the foregoing report and of the several papers therein referred to, were sent to the Governors of the seve- ral States, prefaced by the following circular from the President of Congress: 156 Copies of Documents Relating to the Philadelphia September 10, 1780. Sir, Your excellency will receive herewith enclosed an act of Congress of the 6th instant, adopting the report of a com- mittee, together with copies of the several papers referred to in the report. I am directed to transmit copies of this report and the sev- eral papers therein mentioned to the legislatures of the several states, that they all may be informed of the desires and endeavours of congress on so important a subject, and those particular states which have claims to the western territory and the state of Maryland, may adopt the measures recom- mended by congress in order to obtain a final ratification of the articles of confederation. Congress, impressed with a sense of the vast importance of the subject have maturely considered the same, and the result of their deliberation is contained in the enclosed report, which being full and expressive of their sentiments upon the subject: without any additional observations, it is to be hoped and most earnestly desired that the wisdom, generosity and candour of the legislatures of the several states which have it in their power, on the one hand to remove the obstacles, and on the other to complete the confederation, may direct them to such measures in compliance with the earnest recommendations of congress as shall speedily accomplish an event so important and desirable as the ratification of the confederation by all the states. I have the honor to be, With the highest respect & consideration, Your excellency's most obed't. servant, SAM. HUNTINGTON, President. His Excellency The Governor of — {Healing's ( Va.) /Statutes at Large, x, 518. Boundaries of the State of New York. 157 Tuesday, October 10, 1780. Resolved, That the unappropriated lands that may be ceded or relinquished to the United States, by any particular State, pursuant to the recommendation of Congress of the 6th day of September last, shall be disposed of for the common benefit of the United States, and be settled and formed into distinct republican States, which shall become members of the federal union, and have the same rights of sovereignty, freedom and independence, as the other States : * * * Connecticut Act oe Cession. At a General Assembly of the Governor and Company of the State of Connecticut in America holden at Hartford on the second Thursday of October being the 12th Day of said Month Anno Domini 1780. This Assembly taking into their Consideration a Resolution of Congress of the 6th of Septemb r last recommending to the several States which have vacant unappropriated Lands lying within the Limits of their respective Charters and Claims to adopt measures which may effectually remove the Obstacle that prevents a Ratification of the Articles of confederation together with the Papers from the States of New York Maryland & Virginia, which accompanied the same, and being anxious for the accomplishment of an Event most desirable and important to the Liberty and Independence of this rising Empire, will do every Thing in their power to facilitate the same, notwith- standing the Objections which they have to several parts of it. Resolved by this Assembly, that they will Ceed and relinquish to the United States, who shall be confederated for their Use and benefit, their Right or preemption of Soil in or to so much of the vacant and unappropriated Lands Claimed by this State contained and comprehended within the extent and Limits of their Charter and Grant from King Charles the second, and which lies and extends within the Limits of the same West- ward of the Susquehannah Purchase so called and Eastward of the River Misisipi, as shall be in just proportion of what 158 Copies of Documents Relating to the shall be Ceded and relinquished by the other States, Claiming and holding vacant Lands as aforesaid with the Quantity of such their Claim, unappropriated at the Time when the Con- gress of the United States was first convened and held at Philadelphia. And it is further Resolved that all the Lands to be ceded and relinquished hereby, for the benefit of the con- federated United States with respect to property, but which shall nevertheless remain under the Jurisdiction of this State shall be disposed of and appropriated in such manner only as the Con- gress of the United States shall direct and that a Warrant under the Authority of Congress for surveying and laying out any part thereof, shall entitle the party in whose favour it shall Issue to cause the same to be laid out and returned according to the Directions of such Warrant, and thereupon the Interest and Title of this State shall pass and be confirmed to the Grantee for the Estate specified in the said Warrant for which no other fee or reward shall be demanded or received than such as shall be allowed by Congress always Provided that said Lands to be granted as aforesaid be laid out and sur- veyed in Townships in regular form to a suitable number of Setlers in such manner as will best promote the Settlement and cultivation of the same according to the true Spirit and principles of a Republican State. And the Delegates of this State in Congress or any three of them are hereby Impowered & Authorized in behalf of this State to agree to the Location of such Warrants and Surveys as shall be made by Congress according to and in pursuance of the Resolves aforesaid and whatever may be further necessary for the same being carried into full Execution. — [MS. Laws of Conn. ; copy furnished by C. J. ffoadley. State Librarian. Boundaries of the State of New York. 159 KESOLUTIONS, January 2d 1781. For a cession of the lands on the north west side of Ohio to the United States. In the [Va.] House of Delegates, Tuesday the 2d of January 1781. The general assembly of Virginia being well satisfied that the happiness, strength and safety of the United States, depend, under Providence, upon the ratification of the articles for a federal union between the United States, heretofore pro- posed by congress for the consideration of the said states, and preferring the good of their country to every object of smaller importance, Do Resolve, That this commonwealth will yield to the congress of the United States, for the benefit of the said United States, all right, title, and claim that the said commonwealth hath to the lands northwest of the river Ohio, upon the following conditions, to wit : That the territory so ceded shall be laid out and formed into states containing a suitable extent of territory, * * That the States so formed shall be distinct republican States, and be admitted members of the federal union, having the same rights of sov- ereignty freedom and independence as the other States. * * * * That all the lands within the territory so ceded to the United States, and not reserved for or appropriated to any of the herein before mentioned purposes, or disposed of in bounties to the officers and soldiers of the American army, shall be con- sidered as a common fund for the use and benefit of such of the United American States, as have become or shall become members of the confederation or federal alliance of the said states (Virginia inclusive) according to their usual respective proportions in the general charge and expenditure, and shall be faithfully and bona fide disposed of for that purpose, and for no other use or purpose whatsoever. * ■* * * 160 Copies of Documents Relating to the That all the remaining territory of Virginia included between the Atlantic ocean and the southeast side of the river Ohio, and the Maryland, Pennsylvania, and North Carolina boundaries, shall be guaranteed to the commonwealth of Vir- ginia by the said United States. That the above cession of territory by Virginia to the United States shall be void and of none effect, unless all the states in the American Union shall ratify the articles of confederation heretofore transmitted by congress for the consideration of the said states. Virginia having thus for the sake of the general good pro- posed to cede a great extent of valuable territory to the con- tinent, it is expected in return that every other State in the Union, under similar circumstances as to vacant territory, will make similar cessions of the same to the United States for the general emolument. — [TIening''s ( Va.) Statutes at Large, x, 564, 566. The action of the States of New York and Virginia as recited above, so far obviated the objections of Maryland, as to secure the passage of the following act, authorizing her delegates in Congress to ratify the articles of confederation. It will be seen, however, that these delegates did not use the authority thus conferred, until the final " instrument " or deed on the part of New York, to which the " act to facilitate the completion of the articles of confederation" was prelimi- nary, had been executed by her delegates in Congress. Philadelphia 3d February 1781. Honorable Gentlemen : Amidst our many and great Embarrasments we have the satisfaction to inform you that Virginia has ceded to the united States all her Claims to the westward of the Ohio; and we are preparing to execute our powers on the same Subject. Mary- land we are informed, though not officially, has acceded to the Boundaries of the /State of New York. 161 Confederation : we believe there is no doubt of the Fact. These are Events of the utmost moment to our Independence and future Tranquility, and they are the more pleasing as our State has taken the Lead in the measures by which they have been accomplished. * * * * Your most obedient & Very humble Servant JA a DUANE Honorable Pierre Van Cortlandt Esq Lieu 1 Governour Honorable Evert Bancker Esq 1- Speaker of the Assembly. — [JV. Y. Legis. Papers {MS., in State Lib.), JVo. 598. [In Congress.] Monday, February 12, 1781. The delegates for Maryland laid before Congress a certified copy of an act of the legislature of that State, which was read, as follows : "An Act to empower the delegates of this state in Congress to subscribe and ratify the articles of confederation. " Whereas it hath been said that the common enemy is encouraged by this state not acceeding to the confederation, to hope that the union of the sister states may be dissolved ; and therefore prosecutes the war in expectation of an event so disgraceful to America ; and our friends and illustrious ally are impressed with an idea that the common cause would be promoted by our formally acceding to the confederation : this general assembly, conscious that this state hath, from the commencement of the war, strenuously exerted herself in the common cause, and fully satisfied that if no formal confedera- tion was to take place, it is the fixed determination of this state to continue her exertions to the utmost, agreeable to the faith pledged in the union ; from an earnest desire to concili- ate the affection of the sister states ; to convince all the world of our unalterable resolution to support the independence of 21 162 Copies of Documents Relating to the the United States, and the alliance with his most Christian majesty, and to destroy forever any apprehension of our friends, or hope in our enemies, of this state being again united to Great-Britain. "Be it enacted by the general assembly of Maryland, that the delegates of this state in Congress, or any two or three of them, shall be, and are hereby, empowered and required, on behalf of this state, to subscribe the articles of confederation and perpetual union between the States of New-Hampshire, Massachusetts-Bay, Rhode-Island and Providence Plantations, Connecticut, New- York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina, and Georgia, signed in the general Congress of the said states by the hon. Henry Laurens, esq. their then president, and laid before the legislature of this state to be ratified if approved. And that the said articles of confederation and perpetual union, so as aforesaid subscribed, shall henceforth be ratified and become con- conclusive as to this state, and obligatory thereon. And it is hereby declared, that, by acceding to the said confederation, this state doth not relinquish, or intend to relinquish, any right or interest she hath, with the other united or confederated states, to the back country ; but claims the same as fully as was done by the legislature of this state, in their declara- tion, which stands entered on the journals of Congress ; this state relying on the justice of the several states hereafter, as to the said claim made by this state. " And it is further declared, that no article in the said con- federation, can or ought to bind this or any other state, to guarantee any exclusive claim of any particular state, to the soil of the said back lands, or any such claim of jurisdiction over the said lands or the inhabitants thereof." * * * * Thursday, February 22, 1781. * * * * The delegates of Maryland having taken their seats in Con- gress with powers to sign the articles of confederation : Ordered, That Thursday next be assigned for completing Boundaries of the State of New York. 163 the confederation ; and that a committee of three be appointed, to consider and report a mode for announcing the same to the public: the members, Mr. Walton, Mr. Madison, Mr. Matthews. Thursday, March 1, 1781. % * * * In pursuance of the act of the legislature of the state of New- York read in Congress the 7th of March, 1780, entitled, " An act to facilitate the completion of the articles of con- federation and perpetual union among the United States of America," and which is in the words following : [recited above p. 150.] •s * * * The delegates for the State of New- York executed in Con- gress the following act or declaration, to wit : " To all people who shall see these presents, we, James Duaue, William Floyd, and Alexander M'Dougall, the underwritten delegates for the State of New- York in the honorable Congress of the United States of America, send greeting : " Whereas it is stipulated as one of the conditions of the ( ession of territory, made for the benefit of the United States by the legislature of the state of Virginia, that the United States should guarantee to that state the boundaries reserved by her legislature for her future jurisdiction ; and it would be unjust that the state of New-York, as a member of the federal union, should be compelled to guarantee the territories which shall be reserved by other states making such cessions, when her own boundaries, as they are to be limited and restricted by the act or instrument of cession now to be executed, shall not be guaranteed in the same manner; wherefore, the said dele- gates for the state of New- York, being uninstructed on this subject by their constituents, think it their duty to declare, and they do by this present instrument declare, that the cession of territory and restriction of boundary of the state of New-York, now to be made by them in behalf of the people of the said state, shall not be absolute ; but on the contrary, shall be sub- 164 Copies of Documents Relating to the ject to ratification or disavowal by the people of the said state, represented in senate and assembly, at their pleasure ; unless the boundaries reserved for the future jurisdiction of the said state, by the instrument of cession now to be executed by us, shall be guaranteed by the United States, in the same manner and form as the territorial rights of the other states shall be guaranteed, which have made or may make cessions of part of their claims for the benefit of the United States ; the people of the state of New- York, on their part, submitting that any part of their limits, which are or may be claimed by any of the United States, shall be determined and adjusted in the mode prescribed for that purpose by the articles of confederation. In testimony whereof, we have hereunto set our hands and seals, in the presence of Congress, this first day of March, in the year of our Lord one thousand seven hundred and eighty- one, and of our independence the fifth. JAMES DUANE, L. S. WM. FLOYD, L. S. ALEXANDER M'DOUGALL, L. S." Sealed and delivered in the presence of CHARLES THOMSON, CHARLES MORSE, EBENEZER SMITH. The foregoing being executed, the delegates aforesaid, in virtue of the powers vested in them by the act of their legisla- ture above recited, proceeded and executed in due form in behalf of their State, the following instrument, viz : " To all who shall see these presents, we, James Duane, William Floyd and Alexander M'Dougall, the underwritten delegates for the State of New- York in the honorable Congress of the United States of America, send greeting : " Whereas by an act of the legislature of the said state of New-York, * * entitled " An act to facilitate the com- pletion of the articles of confederation and perpetual union among the United States of America," it is declared, that the people of the state of New- York, were on all occasions dis- Boundaries of the State of New York. 165 posed to manifest their regard for their sister states, and their earnest desire to promote the general interest and security, and more especially to accelerate the federal alliance, by removing, as far as it depended upon them, the impediment to its final accomplishment, respecting the waste and unculti- vated lands within the limits of certain states ; " Now therefore know ye, that we, the said James Duane, William Floyd and Alexander M'Dougall, by virtue of the power and authority, and in the execution of the trust reposed in us as aforesaid, have judged it expedient to limit and restrict, and we do by these presents, for and in behalf of the 6aid state of New -Yoi'k, limit and restrict the boundaries of the said state in the western parts thereof, with respect to the jurisdiction, as well as the right or pre-emption of soil, by the lines and in the form following, that is to say : a line from the north-east corner of the state of Pennsylvania, along the north bounds thereof to its north-west corner continued, due west until it shall be intersected by a meridian line, to be drawn from the 45th degree of north latitude, through the most westerly bent or inclination of lake Ontario ; thence by the said meridian line to the 45th degree of north latitude; and thence by the said 45th degree of north latitude : but if on experiment, the above described meridian line shall not comprehend 20 miles due west from the most westerly bent or inclination of the river or strait of Niagara, then we do by these presents, in the name of the people, and for and on behalf of the state of New -York, and by virtue of the authority aforesaid, limit and restrict the boundaries of the said state in the western parts thereof, with respect to juris- diction, as well as the right of pre-emption of soil, by the lines and in the manner following, that is to say ; a line from the north-east corner of the State of Pennsylvania, [etc., as above], * * And we do by these presents, in the name of the people, and for and on behalf of the state of New- York, and by virtue of the power and trust committed to us by the said act and commission, cede, transfer, and forever relinquish to, and for the only use and benefit of such of the 166 Copies of Documents Relating to the states as are or shall become parties to the articles of confedera- tion, all the right, title, interest, jurisdiction and claim, of the said state of New -York, to all lands and territories to the northward and westward of the boundaries, to which the said state is in manner aforesaid limited and restricted, and to be granted, disposed of, and appropriated in such manner only, as the Congress of the said United or Confederated States shall order and direct. u In testimony whereof," [etc, as in the foregoing declara- tion]. [Ratification by Maryland.] According to the order of the day, the hon. John Hanson and Daniel Carroll, two of the delegates for the state of Maryland, in pursuance of the act of the legislature of that state, entitled " An act to empower the delegates of this state in Congress to subscribe and ratify the articles of confedera- tion," * * did, in behalf of the said state of Maryland, sign and ratify the said articles, by which act the confederation of the United States of America was completed, each and every of the Thirteen United States, from New-Hampshire to Georgia, both included, having adopted and confirmed, and by their delegates in Congress, ratified the same. * No allusion to the Act of Connecticut recited above on pp. 157-8, is found in the Journals of Congress, until Oct. 16, 1781, at which time " the territorial cessions of Virginia, New- York and Connecticut " together with the above mentioned memorials of J. Wilson and William Trent, were in the hands of a committee to whom the same had been recommit- ted.— [See also Journals of Oct. 26, Nov. 14, 1781, April 18, 1782. Wednesday, May 1, 1782. The report of the committee, consisting of Mr. Boudinot, Mr. Yarnum, Mr. Jenifer, Mr. Smith and Mr. Livermore, on the cessions of New York, Virginia and Connecticut, and the Boundaries of the State of New York. 167 petitions of the Indiana, Yandalia, Illinois & Wabash com- panies, was read, being as follows : The committee, to whom the cessions of New- York, Vir- ginia, Connecticut, and the petitions of the Indiana, Yandalia, Illinois and Wabash companies, were referred, do report, that having had a meeting with the agents on the part of New- York, Connecticut and Virginia, the agents for New- York and Connecticut laid before your committee their several claims to the lands said to be contained in their several states, together with vouchers to support the same ; but the delegates on the part of Virginia declining any elucidation of their claim, either to the lands ceded in the act referred to your committee, or the lands requested to be guaranteed to the said state by Congress, delivered to your committee the written paper hereto annexed and numbered twenty. That your committee have carefully examined all the vouchers laid before them, and obtained all the information into the state of the lands mentioned in the several cessions aforesaid, and having maturely considered the same, are unanimously of opinion, and do report the following reso- lutions : Resolved, That Congress do, in behalf of the United States, accept the cession made by the state of New- York, as con- tained in the instrument of writing executed for that purpose by the agents of New -York, dated the day of last past, and now among the files of Congress ; and that the president do take the proper measures to have the same legally authenticated, and registered in the public records of the State of New -York. The reasons that induced your Committee to recommend the acceptance of this cession, are, 1st. It clearly appeared to your committee, that all the lands belonging to the Six Nations of Indians, and their tribu- taries, have been in due form put under the protection of the crown of England by the said Six Nations, as appendant to the late government of New -York, so far as respects jurisdic- tion only. 168 Copies of Documents Relating to the 2d. That the citizens of the said colony of New-York have borne the burthen, both as to blood and treasure, of protect- ing and supporting the said Six Nations of Indians, and their tributaries, for upwards of 100 years last past, as the depend- ants and allies of the said government. 3d. That the crown of England has always considered and treated the country of the said Six Nations, and their tribu- taries, inhabiting as far as the 45th degree of north latitude, as appendant to the government of New -York. 4th. That the neighboring colonies of Massachusetts, Con- necticut, Pennsylvania, Maryland and Virginia, have also, from time to time, by their public acts, recognized and admitted the said Six Nations, and their tributaries, to be appendant to the government of New York. 5th. That by Congress accepting this cession, the jurisdic- tion of the whole western territory belonging to the Six Nations and their tributaries, will be vested in the United States, greatly to the advantage of the Union. Resolved, That Congress do earnestly recommend to the states of Massachusetts and Connecticut, that they do without delay release to the United States in Congress assembled, all claims and pretensions of claim to the said western territory, without any conditions or restrictions whatever.' Resolved, That Congress cannot, consistent with the inter- ests of the United States, the duty they owe to their consti- tuents, or the rights necessarily vested in them as the sovereign power of the United States, accept of the cession proposed to be made by the State of Virginia, or guarantee the tract of country claimed by them in their act of cession referred to your committee. Reasons. 1st. It appeared to your committee from the vouchers laid before them, that all the lands ceded or pretended to be ceded to the United States by the state of Virginia, are within the claims of the States of Massachusetts, Connecticut and New- York, being part of the lands belonging to the said Six Nations of Indians and their tributaries. Boundaries of the 'State of New York. 169 2d. It appeared that great part of the lands claimed by the state of Virginia and requested to be guaranteed to them by Congress, is also within the claim of the state of New- York, being also a part of the country of the said Six Nations and their tributaries. 3d. It also appeared that a large part of the lands last afore- said are to the westward of the west boundary line of the late colony of Virginia, as established by the king of Great-Britain, in council, previous to the present revolution. 4th. It appeared that a large tract of said lands hath been legally and equitably sold and conveyed away under the government of Great-Britain, before the declaration of inde- pendence, by persons claiming the absolute property thereof, 5th. It appeared that in the year 1763, a very large part thereof was separated and appointed for a distinct government and colony by the King of Great-Britain, with the knowledge and approbation of the government of Virginia. 6th. The conditions annexed to the said cession are incom- patible with the honor, interests and peace of the United States, and therefore, in the opinion of your committee, altogether inadmissible. Resolved, That it be earnestly recommended to the State of Virginia, as they value the peace, welfare and increase of the United States, that they re-consider their said act of cession, and by a proper act for that purpose, cede to the United States all claims and pretension of claim to the lands and country beyond a reasonable western boundary, consistent with their former acts while a colony under the power of Great-Britain, and agreeable to their just rights of soil and jurisdiction at the commencement of the present war, and that free from any conditions and restrictions whatever. Your committee farther report, that they have had a confer- ence with the agents for the several petitioners, calling them- selves the Indiana, Vandalia, Illinois and Wabash companies, and also of colonel Croglian, and have seen and carefully examined their several vouchers and deeds ; to which confer- ence your committee invited the delegates for Connecticut, 22 170 Copies of Documents Relating to the New- York and Virginia, but the delegates for Virginia refused to attend. Thursday, September 5, 1782. * * * * The order of the day being called for, to take into further consideration the report of the grand committee, and the fol- lowing proposition, part of the report, being under debate, viz. " That it is their opinion that the western lands, if ceded to the United States, might contribute towards ajiind for paying the debt of these states." A motion was made by Mr. Bland, seconded by Mr. Lee [both of Virginia], to add, " and therefore resolved, that Con- gress do accept the cession of territory made to them, by the state of Virginia, by their act bearing date the 2d of January, 1781, by the state of New- York on the 1st of March, 1781, and by the state of Connecticut in October, 1780, with the conditions therein named." This amendment being objected to as out of order, and the debate turning on a question of order : A motion was made by Mr. Duane [of New- York], seconded by Mr. M'Kean [of Delaware], " that the further considera- tion of the report of the grand committee be postponed till to-morrow," * * * * So it was resolved in the affirmative. Friday, September 6, 1782. * * * * Congress resumed the consideration of the report of the grand committee, and the following paragraph being read : " That it is their opinion that the western lands, if ceded to the United States, might contribute to a fund for paying the debts of these states." A motion was made by Mr. Rutledge [of S. Carolina], seconded by Mr. Lee, to amend it, by inserting after " United States," the following words, " by the several states to which they belong." Boundaries of the State of New York. 171 A motion was made by Mr. Dyer [of Conn.], seconded by Mr. M'Kean, to amend the amendment, by striking out the words " to which they belong," and in lieu thereof, inserting " claiming the same." A motion was then made by Mr. Witherspoon [of N. Jersey], seconded by Mr. Howell [of R. Island], to postpone the con- sideration of the paragraph with the amendments, and to take into consideration the following set of resolutions: " That if the several states claiming the exclusive property of the western lands, would make cessions of them to the United States, agreeably to the recommendation of Congress of the 6th of September and«the resolution of the 10th of October, 1780, it would be an important fund for the discharge of the national debt : That, therefore, it be recommended to those states which have made no cessions, as soon as possible to take the above recommendation into consideration and determine thereon : That it be recommended to those states which have [made] cessions not entirely agreeably to the above recommendation to reconsider them, and send the result to the United States in Congress assembled : That in case of a compliance with the above recommenda- tion, no determinations of the particular states relating to private property of lands within those cessions, shall be reversed or altered without their consent, unless in such cases as the 9th article of the confederation shall render it necessary." * * * * So it was resolved in the affirmative. The resolutions being then read : on motion of Mr. Clark [of N. Jersey], Ordered, That they be referred to a committee of five. Wednesday, September 25, 1782. Congress took into consideration the report of a committee, consisting of Mr. Witherspoon, Mr. Madison, Mr. Rutledge, Mr. Osgood, and Mr. Montgomery, to whom was referred a set of resolutions moved by Mr. Witherspoon : 172 Copies of Documents Relating to the The report is as follows [see Journal of September 6th, above]. A motion was made by Mr. Clark, seconded by Mr. Condict [both of New Jersey], to strike out the last paragraph. And on the question, shall the last or fourth paragraph of the report stand ? * * * » So it passed in the negative. " On the question to agree to the report as amended, the yeas and nays being required by Mr. Clark," Massachusetts, Con- necticut, New York, New Jersey, Pennsylvania, and Maryland voted ay ; Virginia, North Carolina, South Carolina and Georgia, no. So the question was lost. Tuesday October 29, 1782. * * * * On a motion made by the delegates of Maryland, Resolved, That Congress do, in behalf of the United States, accept all the right, title, interest, jurisdiction and claim of the state of New- York, as ceded by and contained in the instru- ment of writing executed for that purpose by the agents of New-York, dated the first of March, 17S1. 1 On the question to agree to this, the yeas and nays being required by Mr. Carroll [of Maryland] Massachusetts Mr. Osgood no \- * Rhode-Island Mr. Arnold ay ) Mr. Howell ayj aj Connecticut Mr. Huntington ... ay Mr. Dyer ay New- York Mr. Duane ay Mr. L'Hommedieu . ay j ^ New- Jersey Mr. Boudinot ay ) Mr. Witherspoon . . ay j ' ^ 'For a certified copy of this resolution, see N. T. Legis. Papers {MS., in State Library), Wo. 604. a .y Boundaries of the State of New York. 173 Pennsylvania Mr. Smith ay Mr. Cljmer ay C ^ Delaware Mr. M'Kean ay] Mr. Dickinson ay lay Mr. Wharton ay j Maryland Mr. Hanson ay 1 Mr. Carroll ay J- ay Mr. Hemsley ay J Virginia Mr. Madison no Mr. Bland no'' 1 N. -Carolina Mr. Williamson . . . ay ) *Mr. Blount no j div ' S.- Carolina Mr. Rutledge no! Mr. Ramsay ay | , . J raw. Mr. Izard ay ! Mr. Gervais no J So it was resolved in the affirmative. Wednesday, October 30, 1782 A motion was made by Mr. Williamson [of North Carolina], seconded by Mr. Bland [of Virginia], " That it be resolved, that nothing in the resolve passed yesterday, be understood to operate towards preventing the determination of any dispute that has arisen or may arise concerning territory, between the state of New- York and any other state or states in the union, by the 9th article of the confederation, in the same manner as if the cession had not been made." A motion was made by Mr. M'Kean, seconded by Mr. Howell, that the motion be postponed. And on the question for postponing, the yeas and nays being required by Mr. Bland, The vote stood as before with the following exceptions : Massachusetts Mr. Osgood ay \- * New Jersey Mr. Boudinot ay Mr. Witherspoon. . no ' 174 Copies of Documents Relating to the div. div. no ^no Delaware Mr. M'Kean ay Mr. Dickinson .... no Virginia Mr. Madison ay Mr. Bland no N. -Carolina Mr. Williamson ... no Mr. Blount no S.-Carolina Mr. Rutledge no " Mr. Ramsay no Mr. Izard no Mr. Gervais no, Georgia Mr. N. W. Jones. . . no \- * Onty six of the thirteen states voted ay. " So the question was lost." On the question to agree to the main question, the yeas and nays being required by Mr. Williamson, The vote stood as on the question to accept the cession made by New York, with the following exceptions : Rhode Island [both members] ... no Pennsylvania Mr. Smith ........ no Mr. Clymer ay ' Virginia Mr. Madison ...... no ) Mr. Bland ay) dlv ' North Carolina Mr. Williamson ... ay ) Mr. Blount ay j ay Georgia Mr. 1ST. W. Jones . . no \ * Only six of the thirteen states voted ay. " So the question was lost." * * * * Thursday, January 30, 1783. The committee to whom were referred the memorials of the representatives of Pennsylvania of the 28th of August and 12th of November last [stating that their constituents labour under grievances, because they are not enabled to settle their Boundaries of the State of New Yore. 175 accounts against the United States], reported an answer, which was agreed to, and which contains the following allusion to the subject of Western lands : # * * * Among the steps taken by Congress to secure the debts incurred by the common defence, they must not omit to men- tion the recommendation of the 6th of September, 1780, for a cession of part of the western territory, claimed by particular states. In consequence thereof, New- York has made a cession accepted by Congress, the nature of which will appear by the act herewith communicated. Virginia and Connecticut have also made cessions, the accept- ance of which have been hitherto delayed by peculiar circum- stances. Other states, claiming western territory, have not yet complied with the recommendation. Congress cannot help calling the serious attention of the legislature of Penn- sylvania to that subject, which they consider as of importance, not only as it may affect the public credit, but as it will con- tribute to give general satisfaction to the members of the union. They intend also to renew their instances with the other states on the same occasion. Friday, April 18, 1783. The report of a committee " appointed to consider the means of restoring and supporting public credit, and of obtaining from the States substantial funds for funding the whole debt of the United States," the said report having been first sub- mitted on the 20th day of March, last preceding, and being at this time under consideration, it was [Besolved], That as a further mean, as well of hastening the extinguishment of the debts, as of establishing the harmony of the United States, it be recommended to the states which have passed no acts towards complying with the resolutions of Congress of the 6th of September and 10th of October, 1780, relative to territorial cessions, to make the liberal cessions therein recommended ; and to the states which may have passed 176 Copies of Documents Relating to the acts complying with the said resolutions in part only, to revise and complete such compliance. Thursday, April 24, 1783. * * * * The committee consisting of Mr. Madison, Mr. Ellsworth and Mr. Hamilton, appointed to prepare an address to the states, to accompany the act of the 18th of this month, reported a draught, which being read and amended, was agreed to as follows : * * # # Thus much for the interest of the national debt : for the dis- charge of the principal within the term limited, we rely on the natural increase of the revenue from commerce, on requisitions to be made, from time to time, for that purpose, as circum- stances may dictate, and on the prospect of vacant territory. * * ■ * # With a view to the resource last mentioned, as well as to obviate disagreeable controversies and confusions, Congress have included in their present recommendations, a renewal of those of the 6th day of September, and of the 10th day of October, 1780. In both these respects, a liberal and final accommodation of all interfering claims of vacant territory, is an object which cannot be pressed with too much solicitude. * * * * Wednesday, June 4, 1783. The committee * * to whom was referred a motion of Mr. Bland, for accepting the cession of territory made by the legislature of the commonwealth of Virginia, on the 2d day of January, 1781, report, that in their opinion, it will be proper for Congress to proceed to a determination on the report of the 3d of November, 1781, and which is entered on the jour- nal of the 1st of May, 1782, respecting the cession from the State of Yirginia, and that a decision upon the said motion be postponed until that report shall be taken into consideration ; Whereupon, Boundaries of the State of New York. 177 Congress resumed the consideration of the report of the com- mittee of the 3d of November, 1781, and after debate, Ordered, That so much thereof as relates to the cession made by the commonwealth of Virginia, * * be referred to a committee of five members. * * * * Friday, June 20, 1783. -x- * * * Congress took into consideration the report of the commit- tee * * to whom were referred the act of the legislature of Virginia, of the 2d of January, 1781, and the reports thereon, and a motion of Mr. Bland for accepting the cession made in the said act. * * * * " The report being farther debated, and some amendments made, the delegates for New Jersey laid before Congress a representation and remonstrance of the legislative council and general assembly of the state of New-Jersey," of which the following are extracts : To the United States in Congress Assembled. The representation and remonstrance of the legislative council [etc.], sheweth. That the legislature of this state is informed, that the import- ant subject of the western, or what is commonly called crown lands, is soon to be re-considered and finally determined by Congress, especially as far as relates to the cession made by the legislature of the state of Virginia, in January, 1781, of a part of the western country or vacant territory. The legislature cannot but express their surprise on hearing that the consideration of the subject is resumed by Congress so speedily after its last discussion, as appears by an act of Congress of the 18th of April last past. * * * Which said act has been officially laid before us during the present sitting, and appears designed by Congress to be trans- mitted to every state in the Union, not only to the legislatures thereof, but to the people at large : the legislature of this state 23 178 Copies of Documents Relating to the must be of opinion, that the latter part of the said recommen- dation of Congress was expressly applicable to the act of the legislature of the commonwealth of Virginia, as the cession thereby made has heretofore been deemed by Congress, a par- tial one, and by this state partial, unjust and illiberal. The legislature, to avoid unnecessary repetition, beg leave in the most earnest manner, to call the attention of Congress to the records in their possession of the proceedings of the legisla- ture of this state with regard to the present subject, beginning with their representation of the 16th of June, 1778, and at different periods since, in which are fully contained the just and uncontrovertible claims of this state to its full proportion of all vacant territory. It is particularly disagreeable to have occasion to trouble Congress with so many applications on this head, but the importance of the subject * * must be our apology. * * * * They do therefore express their dissatisfaction with the cession of western territory made by the State of Virginia, in Janu- ary, 1781, as being far short of affording that justice which is equally due to the United States at large, and request that Congress will not accept of the said cession, but that they will press upon the said state to make a more liberal surrender of that territory of which they claim so boundless a proportion. * * * * Thursday, Sej)temher 11, and Saturday, Septe?nber 13, 1783. Congress resumed the consideration of the report of the committee on the cession of Virginia, which after debate was amended, and made to contain the following concluding paragraph : As to the last condition [8. That all the remaining territory of Virginia, included between the Atlantic ocean and thu south-east side of the river Ohio, and the Maryland, Pennsyl- vania and North-Carolina boundaries, should be guaranteed to the commonwealth of Virginia, by the United States.], your Boundaries of the State of New York. 179 committee are of opinion, that Congress cannot agree to guarantee to the commonwealth of Virginia, the land described in the said condition, without entering into a discussion of the right of the state of Virginia to the said land ; and that by the acts of Congress it appears to have been their intention, which the committee cannot but approve, to avoid all discussion of the territorial rights of individual states, and only to recommend and accept a cession of their claims whatsoever they might be, to vacant territory. Your committee conceive this condition of a guarantee, to be either unnecessary or unreasonable ; inasmuch as, if the land above-mentioned is really the property of the state of Virginia, it is sufficiently secured by the confederation, and if it is not the property of that state, there is no reason or consideration for such guarantee. Your committee therefore upon the whole recommend, that if the legislature of Virginia make a cession conformable to this report, Congress accept such cession. On the question to agree to this report, all the states voting ay, except New Hampshire [not represented by a quorum]. New Jersey and Maryland, it was resolved in the affirmative. Cession by Virginia. An act to authorize the delegates of this State in Congress, to convey to the United States, in congress assembled, all the right of this commonwealth to the territory north westward of the river Ohio. [Passed at a session beginning October 20, 1783.] I. Whereas [the recommendation of Congress of Sept 6, 1780, is here recited]. II. And Whereas [the cession on the part of Virginia of Jan. 2, 1781, is here referred to]. III. And whereas the United States in congress assembled, have by their act of the thirteenth of September last, stipu- lated the terms on which they agree to accept the cession of this state, should the legislature approve thereof, which terms, 180 Copies of Documents Relating to the although they do not come fully up to the propositions of this commonwealth, are conceived on the whole, to approach so nearly to them, as to induce this state to accept thereof, in full confidence that congress will, in justice to this state for the liberal cession she hath made, earnestly press upon the other states claiming large tracts of waste and uncultivated territory, the propriety of making cessions equally liberal for the com- mon benefit and support of the union : Be it enacted by the General Assembly, That it shall and may be lawful for the delegates of this state to the Congress of the United States, * * to convey * * unto the United States in con- gress assembled, for the benefit of the said states, all right, title, and claim, as well of soil as jurisdiction, which this com- monwealth hath to the territory or tract of country within the limits of the Virginia charter, situate, lying, and being to the north-west of the river Ohio, subject to the terms and con- ditions contained in the before recited act of congress of the thirteenth day of September last, that is to say : Upon con- dition that the territory so ceded shall be laid out and formed into states, containing a suitable extent of territory, not less than one hundred, nor more than one hundred and fifty miles square, or as near thereto as circumstances will admit ; and that the states so formed, shall be distinct republican states, and admitted members of the federal union, having the same rights of sovereignty, freedom, and independence, as the other states ; * That all the lands within the territory so ceded to the United States, and not reserved for or appropriated to any of the before mentioned purposes, or disposed of in bounties to the officers and soldiers of the American army, shall be considered as a common fund for the use and benefit of such of the United States as have become, or shall become members of the confederation or federal alliance of the said states, Virginia inclusive, according to their usual respective proportions in the general charge and expenditure, and shall be faithfully and bona fide disposed of for that pur- pose, and for no other purpose or use whatsoever. * — [Hening's Statutes, xi, 326-328. Boundaries of the State of New York. 181 [In Congress.] Monday, March 1, 1784. * * * * A motion was made by Mr. Howell [of Rhode Island], seconded by Mr. Spaight [of North Carolina], Whereas the general assembly of Virginia at their session, commencing on the 20th day of October, 1783, passed an act to authorize their delegates in Congress to convey to the United States in Congress assembled, all the right of that common- wealth, to the territory north-westward of the river Ohio : And whereas the delegates of the said commonwealth, have presented to Congress the form of a deed proposed to be exe- cuted pursuant to the said act * * * -Resolved, That the United States in Congress assembled, are ready to receive this deed, whenever the delegates of the state of Virginia are ready to execute the same. * * * * The delegates of Virginia then proceeded, and signed, sealed and delivered the said deed ; Whereupon Congress came to the following resolution : The delegates of the commonwealth of Virginia having executed the deed : Resolved, That the same be recorded and enrolled among the acts of the United States in Congress assembled. Thursday, April 29, 1784. Congress took into consideration the report of a grand com- mittee, to whom was referred the report of a committee on the subject of western territory, * * * The report being amended, was agreed to as follows : Congress, by their resolution of September 6, 1780, having thought it advisable to press upon the states having claims to the western country, a liberal surrender of a portion of their ter- ritorial claims ; by that of the 10th of October, in the same year, having fixed conditions to which the union should be bound on receiving such cessions : and having again proposed the same subject to those states, in their address of April 18th, 182 Copies of Documents Relating to the 1783, wherein stating the national debt, and expressing their reliance for its discharge, on the prospect of vacant territory, in aid of other resources, they, for that purpose, as well as to obviate disagreeable controversies and confusions, included in the same recommendations, a renewal of those of September 6th and October the 10th, 1780 ; which several recommenda- tions have not yet been complied with ; Resolved, That the same subject be again presented to the attention of the said states ; that they be urged to consider that the war being now brought to a happy termination by the personal services of our soldiers, the supplies of property by our citizens, and loans of money from them as well as from foreigners ; these several creditors have a right to expect that funds shall be provided on which they may rely for the indem- nification ; that Congress still consider vacant territory as an important resource : and that therefore the said, states be earnestly pressed, by immediate and liberal cessions, to forward these necessary ends, and to promote the harmony of the union. Charles De Witt to Governor Clinton. Annapolis June 4, 1784. Sir. I take this opportunity to acquaint your Excellency that Con- gress adjourned last night at near eleven o clock in C — f — sion. Mr. Paine will some days hence be with you, who will give every necessary information. I am appointed one of the Com- mittee of the States, but I shall not stay many Days after Mr. Paines departure, expecting that Gen 1 M c Dougall or some other Delegate will take my place. I hope the Legislature have taken every precaution respecting the "W" — Territory. I believe Sir a Plan is formed and perhaps wrought into System to take that Country from us. Massachusetts Delegates have put in a petition yesterday from the Legislature of that State setting forth that New York is possessed of a part of their Land and requested a Court agreeably to the Confederation for a Decision &c, &c. I shall bring with me a Copy thereof, Boundaries of the State of New York. 183 but my fears are not so great from this quarter than from a quarter which I do not know how to name. I shall postpone it to a future Day. The whole world seem to look on that W — Country with a wishful eye, and I fear they will go far- ther to obtain it, than is consistent with the peace of the Union. I hope however that New York will collect all its wisdom and take such decided and spirited steps as may coun- teract every unlawful attempt in the State, which if they do not it is lost. I do not even trust C ss. I may be too sus- picious but I believe it will be found to be so at last. I am Sir Your Excellencys i Most Obedent Serv 1 CH. D. WITT His Excellency Governor Clinton. — [Clinton Papers (MS., in N. Y. State Lib.), No. 5446. Cession by Massachusetts. An Act empowering the Delegates of the Commonwealth, in the United States in Congress assembled, to relinquish to the United States certain Lands, the Property of this Com- monwealth. [Passed November 13, 1784.] Whereas several of the States in the Union have at present no interest in the great and extensive tract of uncultivated country, lying in the westerly part of the United States, and it may be reasonable that the States abovementioned should be interested in the aforesaid country : Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the delegates of this Commonwealth, in the United States in Congress assembled, or any three of the said dele- ■ gates, be, and they hereby are authorized and empowered, for and in behalf of this Commonwealth, to cede or relinquish, by authentick conveyance or conveyances, to the United States, to be disposed of for the common benefit of the same, agree- ably to a Resolve of Congress of October the tenth, one thou- 184 Copies of Documents Relating to the sand seven hundred and eighty, such part of that tract of land belonging to this Commonwealth, which lies between the rivers Hudson and Mississippi, as they may think proper ; and to make the said cession in such manner and on such con- ditions as shall appear to them to be most suitable. — [Laws of Mass. {Boston, 1807, 8°), i, 215. The above act was amended on the 17th day of March 1785, so far as to allow two delegates " to do and perform all matters and things which by the Act aforesaid might be done and performed by any three delegates," etc. — [Idem, i, 241. [In Congress.] Monday, April 18, 1785. On the report of a committee, * * to whom was referred a motion of the delegates of Massachusetts, relative of a ces- sion of part of that state's claims to western territory. Resolved, That Congress, in behalf of the United States, are ready to accept all the right, title, interest, jurisdiction and claim of the state of Massachusetts to certain western lands described in the form of a deed or cession, * * * On the question to agree to the above resolution all the members present, except Mr. Melancthon Smith of New York, voted ay. Tuesday, April 19, 1785. * # # * A motion was made by Mr. Howell, * * as follows: The delegates for Massachusetts having proceeded to execute the deed of cession mentioned in the resolution of yesterday, in the words following, viz. : # * * * Resolved, That Congress accept said deed of cession; and. that the same be recorded and enrolled among the acts of the United States in Congress assembled. The resolution passed, only Mr. Melancthon Smith of New York dissenting. Boundaries of the State of New York. 185 The deed of cession is in the words following : To all who shall see these presents, * * greeting : Whereas the general court of Massachusetts, on the 13th day of November, in the year of our Lord 1784, passed an act, * * in the words following : [see the said act recited on pp. 183, 184, together with the supplementary act of March 17, 17S5, also before cited, p. 184.] * * * * Now therefore, know ye, that we, the said Samuel Holten and Rufus King, by virtue of the power and authority to us committed by the said acts of the general court of Massachu- setts before recited, in the name, and for and on behalf of the said commonwealth of Massachusetts, do by these presents, assign, transfer, quit claim, cede and convey to the United States of America, for their benefit, Massachusetts inclusive, all right, title and estate of and in as well the soil as the jurisdiction, which the said commonwealth hath to the terri- tory or tract of country within the limits of the Massachusetts charter, situate and lying west of the following line : That is to say, a meridian line to be drawn from the 45th degree of north latitude, through the westerly bent or inclination of lake Ontario, thence by the said meridian line, to the most southerly side line of the territory contained in the Massachusetts charter ; but if, on experiment, the above described meridian line, shall not comprehend 20 miles due west, from the most westerly bent or inclination of the river or strait of Niagara, then we do by these presents * * transfer, * * all right, * * which the said commonwealth hath to the territory * * west of the following line : That is to say, a meridian line to be drawn from the 45th degree of north latitude, through a point 20 miles due west from the most westerly bent or inclination of the river or strait of Niagara ; thence by the said meridian line to the most southerly side line of the territory contained in the Massachusetts charter aforesaid. * * In testimony whereof. * * * S. HOLTEN. EUFUS KING. 24 186 Copies of Documents Relating to the On the 2d day of June, 1784, the State of North Carolina passed an act entitled " An Act ceding to the Congress of the United States certain Western Lands therein described, and authorizing the Delegates from this State in Congress to exe- cute a Deed or Deeds for the same." This act was repealed on the 20th of November, 1784, and has not been preserved in any edition of the Laws of North Carolina to which we have had access. The Act, Chap. XII, of the same session, how- ever, shows that the act of cession included " l all the territory which belonged to this State lying West of the Apalachian or Alleghany mountains." The before mentioned act of November 20, repealing the act of cession passed June 2, 1784, is in the words following : I. Whereas at the last General Assembly begun and held at Hillsborough on the 19th day of April last, an Act was passed ceding to the Congress of the United States certain Western Lands therein described, and authorizing the Delegates from this State in Congress to execute a Deed or Deeds for the same, which Territory when ceded was to be considered as a common Fund for the Use and Benefit of such of the United American States as now are, or shall become Members of the Confedera- tion or Fcederal Alliance : And whereas the Cession so intended was made in full Confidence that the whole Expence of the Indian Expeditions and Militia Aids to the State of South- Carolina and Georgia should pass to Account in our Quota of the continental Expences incurred by the late War: And also that the other States holding Western Territory would make similar Cessions, and that all the States would unani- mously grant Imposts of five per Cent, as a common Fund for the Discharge of the fcederal Debt : And whereas the States of Jfassachusetts and Connecticut, after accepting the Cession of New -York and Virginia, have since put in Claims for the whole or a large Part of that Territory, and all the above Boundaries of the State of New York. 187 expected Measures for constituting a substantial common Fund, have been either frustrated or delayed : II. Be it therefore enacted by the General Assembly of the State of North-Carolina, and it is hereby enacted by Authority of the same, That an Act of the last General Assembly, enti- tled, An Act ceding to the Congress of the United States cer- tain Western Lands therein described, and authorizing the Delegates from this State to execute a Deed or Deeds for the same, shall be and the same is hereby repealed, and every Clause and Article thereof declared null and void to all Intents and Purposes as if the same had never been made. — [Iredell's Laws of N. 6 7 .,^. 537. [In Congress.] Monday, May 23, 1785. The following preamble and resolution was adopted as the result of a debate upon the report of a committee appointed to examine the acts of the State of North Carolina, touching a cession of the western territory ; this report having been made on the preceding day : As the state of New- York, the commonwealth of Virginia and the commonwealth of Massachusetts, have each made a cession of western territory to the United States ; and Congress are ever disposed to attend to the reasonable expectations of each of the states of the union, touching their public services and expenses, Resolved, That it be, and it is hereby recommended to the State of North-Carolina to re-consider the principles of magnanimity and justice, that induced the passing of their act of 2d of June, 1784, and evince the operation of the same good sentiments by repealing their act of 20th day of Novem- ber, 17S-1-, and directing their delegates in Congress to furnish a new proof of their liberality, in the execution of a deed to the United States of the territory ceded by the act of the 2d of June aforesaid. Saturday, September 24, 1785. " The grand committee, to whom was re-committed a report 188 Copies of Documents Relating to the on the subject of supplies for the year 1785," submitted a report of which the following was the concluding paragraph ; the portion in brackets being omitted in the report as finally adopted on the twenty-sixth of the same month. As a motive for the cheerful payment of the sum now called for, as well as of the arrearages on that of April 27, 1 784, the committee are of opinion, that the states be reminded, that Congress have passed an ordinance for the survey and sale of the western territory of the United States, and that the proceeds thereof will be applied as a sinking fund, to extinguish the principal of the domestic debt. Future requisitions for interest on the domestic debt, will therefore be reduced in pro- portion as this fund may be rendered productive. [And while on this subject, the committee cannot forbear mentioning that of the States claiming western territory, Massachusetts alone has made the expected cession during the last year, they are therefore of opinion, that the subject be again presented to the attention of the states which have not complied with so reasonable a proposition ; and that they be once more solicited to consider with candour and liberality, the expectations of their sister states, and the earnest and repeated applications made to them by Congress on this subject.] Monday, May 22, 1786. Congress resumed the consideration of the report of a com- mittee, to whom had been referred a motion of the dele- gates of the State of Connecticut, relative to a cession of part of that State's claim to western territory. The report was debated on successive days, and the following resolution was finally adopted, Maryland and Virginia voting no. Friday, May 26, 1786. On motion of Mr. Johnson, seconded by Mr. Mitchell [both of Connecticut], Resolved, That Congress, in behalf of the United States, are ready to accept all the right, title, interest, jurisdiction and Boundaries of the State of New York. 189 claim of the state of Connecticut to certain western lauds, beginning at the completion of the 41st degree of north latitude, 120 miles west of the western boundary line of the common- wealth of Pennsylvania, as now claimed by the said common- wealth, and from thence by a line to be drawn north parallel to, and 120 miles west of the said west line of Pennsylvania, and to continue north until it comes to 42 degrees 2 minutes north latitude, whenever the delegates of Connecticut shall be furnished with full powers, and shall execute a deed for that purpose. Friday, July 7, 1786. Congress took into consideration the report of a grand com- mittee, to whom among other things, was referred a motion of Mr. Monroe, respecting the cessions of western territory, and forming the same into states. * * The following resolution was adopted : Resolved, That it be, and it hereby is recommended to the legislature of Virginia, to take into consideration their act of cession and revise the same, so far as to empower the United States in Congress assembled, to make such a division of the territory of the United States lying northerly and westerly of the river Ohio, into distinct republican states, not more than five nor less than three, as the situation of that country and future circumstances may require; which states shall hereafter become members of the federal union, and have the same rights of sovereignty, freedom and independence as the original states, in conformity with the resolution of Congress of the 10th October, 1780. General Washington to Wm. Grayson, in Congress. Mt Vernon, 26 July, 1786. # # # -* For want, I suppose, of a competent knowledge of the Con- necticut claim to western territory, the compromise which is made with her appears to me to be a disadvantageous one for the Union, and, if her right is not one of the motives (accord- 190 Copies of Documents Relating to the ing to your account) for yielding to it, in my humble opinion, is exceedingly dangerous and bad. 1 * * * — [Sparks' Writings of Washington, ix, 178. [In Congress.] Wednesday, August 9, 1786. On motion of Mr. Pinckney, seconded by Mr. Lee, Whereas the states of Massachusetts, Connecticut, New- York and Virginia, have, in consequence of the recommenda- tion of Congress of the 6th day of September, 1780, made cessions of their claims to western territory, to the United States in Congress assembled, for the use of the United States, Resolved, That the said subject be again presented to the view of the states of North-Carolina, South-Carolina and Georgia, who have not complied with so reasonable a propo- sition ; and that they be once more solicited to consider with candour and liberality the expectations of their sister states, and the earnest and repeated applications made to them by Congress on this subject. * # * # Thursday, September 14, 1786. * * * * The committee, * * to whom was referred the draught of a deed offered by the delegates of Connecticut, grounded on an act of the legislature of the said state, having reported " that the deed offered, is in conformity with the act of Con- gress of the 26th day of May last " and the delegates for Connecticut having thereupon proceeded and executed a deed of cession, agreeable to the resolution of the 26th May last, in the words following, * * * 'Alluding to the tract of country usually called the Connecticut Reserve, making a part of the state of Ohio, and situate on the south side of Lake Erie. * * Speaking of the measure as acceded to by Congress, Mr. Grayson said; " The consequence I apprehend is a clear loss of about six millions of acres to the United States, which had already been ceded by Virginia and New York. * * * * Boundaries of the State of New York. 191 On motion, Resolved, That Congress accept the said deed of cession, and that the same be recorded and enrolled among the acts of the United States in Congress assembled. *- •* * % Cession by South Carolina. AN ACT to authorize the delegates of this State in Congress to convey to the United States in Congress assembled, all the rights of this State to the territory herein described} [Passed March 8, 1787.] Whereas, the Congress of the United States did, on the sixth day of September, in the year one thousand seven hun- dred and eighty, recommend to the several States in the Union having claim to western territory to make a liberal cession to the United States of a portion of their respective claims, for the common benefit of the Union ; and whereas, this State is willing to adopt every measure which can tend to promote the honor and dignity of the United States, and strengthen their federal union ; I. Be it therefore enacted by the honorable the Senate and House of Representatives, in General Assembly met and sit- ting, and by the authority thereof, That it shall and may be lawful for the delegates of this State to the Congress of the United States, or such of them as shall be assembled in Con- gress, * * to convey * * unto the United States in Congress assembled, for the benefit of the said States, all right, title, and claim, as well of soil as jurisdiction, which this State hath to the territory or tract of country within the limits of the charter of South Carolina, situate, lying, and being within the boundaries and lines hereinafter described, that is to say, all the territory or tract of country included within the river Mississippi and a line beginning at that part of the said river which is intersected by the southern boundary line of the State of North Carolina, and continuing along the said boundary line until it intersects the rid Governors of the provinces aforesaid, having been present at the execution of the agreement aforesaid, in testi- mony of our consent thereto, and of our approbation thereof, have hereunto set our hands and seals, at Hartford aforesaid, this eighteenth day of May, in the year of our Lord one thousand seven hundred and seventy-three, and the thirteenth year of his Majesty's reign. Wm TRYON, (l. s.) T. HUTCHINSON;, (l. s.) Sealed and delivered in the presence of Eliphalet Dyee, Wm. Samuel Johnson. — [Journal of JV. Y. Gen. Assembly, 1774, pp. 4-6. [In N". Y. Legislature.] City of New York, October 18th, 1784. Gentlemen of the Senate and Assembly, Since the close of the last session, the Legislature of the State of Massachusetts have thought fit to set up a claim to lands which, it is to be inferred, from their Petition to the Honorable the United States in Congress, lie some where within the antient jurisdiction of this State^ but in what part, or to what extent is left in obscurity. They have, notwith- 214 Copies of Documents Relating to the standing, requested, that a Federal Court may be appointed for enquiring into and determining such claim ; and Congress have accordingly assigned the first Monday in December next, for the appearance of both States, and such other proceedings as are directed by the Articles of Confederation and Perpetual Union. From the Act of Congress of the 3d day of June last on this subject, and the papers accompanying it, you will perceive the necessity of appointing Agents to manage the controversy on the part of this State ; and of calling for an explicit description of the lands claimed by the Massachusetts, without which we must be exposed, in our defence, to unnecessary difficulties and expence. The importance of these measures, and the election of Delegates and of members to compose a council of Appoiutment, for the ensuing year were the principal inducements to your being assembled at a season which I am sensible must be inconvenient. # * # * GEOUGE CLINTON. — [Senate Journal, 1784, p. 4. An ACT supplementary to the Act, entitled, An Act to appoint Agents or Commissioners for vindicating the Right and Jurisdiction of this State, against the Claims of the Com- monwealth of the Massachusetts, pursuant to the Articles of Confederation and perpetual Union of the United States. Passed 28th April, 1786. Whereas in and by the Act, entitled, An Act to appoint Agents or Commissioners [etc., as in the above title of this act] passed the 12th of November, 1784, James Duane, John Jay, Robert R. Livingston, Egbert Benson and Walter Livingston, Esquires, were declared to be Agents for this State, in the Controversy between this State and the Commonwealth of the Massachusetts, as mentioned in the said Act. And whereas the said John Jay and Walter Livingston, have informed this Legislature, that they cannot attend the Duties required of them by the said Act, by Reason of the Ofiices they severally hold under the United States, and have Boundaries of the State of New York. 215 requested to resign their Appointments as Agents in the Con- troversy aforesaid, whereby it is become necessary that other Persons be appointed in the Place of the said John Jay and Walter Livingston. Therefore, I. Be it Enacted * * That John Raring, Melancton Smith, Robert Yates and John Lansing, Junior, Esquires, be, and they are hereby appointed and declared to be Agents in the Place of the said John Jay and Walter Livingston, for this State, in the Controversy aforesaid. II. And in order that the said Controversy may be brought to a speedy Issue ; Be it further Enacted * * That the said James Duane, Robent R. Livingston, Egbert Benson, John Having, Melancton Smith, Robert Yates and John Lansing, Junior, or such of them as shall attend the Trial of the Con- troversy aforesaid, at the Federal Court appointed to deter- mine the same, have a Credit on the Treasury for a Sum not exceeding Four Thousand Pounds, to be paid them by the Treasurer of this State on Account. III. And be it further Enacted * * That it shall and may be lawful for the said James Duane, [and others, as above] or any live or more of them, to settle the said Controversy between this State and the Commonwealth of the Massachu- setts, otherwise than by the said Federal Court, as mentioned in the said Act, in such Manner as they shall judge most con- ducive to the Interest of this State. — [Laws of N. Y. (Jones and Varick), i, 318, 319. 216 Copies of Documents Relating to the Agreement entered into by the Commissioners appointed to settle the Controversy between the Common- wealth of Massachusetts and the State of New - York, respect- ing Lands lying westward of Hudson's River. To all to whom, these Presents shall come, The underwritten John Lowell, James Sullivan, Theophilus Parsons and Rufus King, Agents or Commissioners appoin- ted by the Commomoealth of Massachusetts, of the one part, and the underwritten James Duane, Robert R. Livingston, Robert Yates, John Haring, Melancton Smith, and Egbert Benson, six of the Commissioners appointed by the State of New-York, of the other part ; SEND GREETING: Whereas the Commonwealth of Massachusetts, did hereto- fore present a petition to the United States in Congress assem- bled, thereby among other things, stating, that all that terri- tory which in the said petition is described as all that part of New-England in Atnerica, which lieth and extendeth between a great river, called Merrimack, and a certain other river there called Charles- River, being the bottom of a bay there called Massachusetts- Bay and also, all those lands lying within three English miles to the southward of the southernmost part of the said bay, and extending thence northward in latitude to north- ward of every part of the said river Merrimack, and in breadth of latitude aforesaid, extending throughout all the main land, in longitude westerwardly to the southern ocean, was the just and proper right of the said Commonwealth ; and farther stating, That the State of New -York had set up a claim to some part of the land before mentioned ; the said Commonwealth did, therefore, by the said petition, solemnly request of the United States in Congress, that Commissioners might be appointed for enquiring into and determining upon the claim aforesaid, of the Legislature of the said Commonwealth, and that such other proceedings respecting the premises, might be had, as are by the federal government of the said United States, in such case made and provided, as by the said petition filed Boundaries of the State of New York. 217 among the archives of the United States, reference being there- unto had, may more fully appear : And whereas, the State of New - York doth, in opposition to the said claim of the Com- monwealth of Massachusetts, claim as the just and proper right of the said State, as well in respect of property, as juris- diction, all those lands and territories bounded on the north, by the parallel of latitude passing through the said point, place or boundary aforesaid, of three miles to the northward of every part of the said river Merrimack, and bounded on the south by the parallel of latitude passing through the said point or place, situate three miles south of the southermost part of said bay, called Massachusetts- Bay, bounded on the west by the limits between the United States and the King of Great-Brit- ain and the line of cession from the State of New -York, to the United States, and bounded on the east by the line agreed on, and established between the late colony of the Massachusetts- Bay and the late colony of New - York, in the year one thou- sand seven hundred and seventy-three, and from the northern termination of the said line then bounded on the east by the west bank of Connecticut- River : And whereas, the State of New - York having been duly notified, did appear by their lawful agents to vindicate such their said right against the said claim of the said Commonwealth ; and proceedings were there- upon had in Congress, pursuant to the articles of confederation, in order to the appointment of Commissioners or Judges to con- stitute a Court for hearing and determining the said matters in question : And whereas, the said John Lowell, James Sullivan, Theophilus Parsons and Rufus King, were afterwards, by a cer- tain commission under the seal of the said Commonwealth, and bearing date the twenty-sixth day of April, in the ninth year of the independence of the United States, and made in pur- suance of an act of the Legislature of the said Commonwealth, passed the fourteenth day of March, in the eighth year of the independence of the United States, and of a resolution of the said Legislature, passed the eighteenth day of the said month of March — commissioned to be agents to manage, conduct and prosecute the claims of the said Commonwealth, to the 28 218 Copies of Documents Relating to the lands described in the said petition : And whereas, afterwards and pending such proceedings in Congress, the Legislature of the Commonwealth of Massachusetts did, by an act entitled an act empowering the Agents appointed by their government to defend the territory on the west side of Hudson' 's-River, against the claims of the State of New -York, to settle the controversy relative thereto, otherwise than by a federal Court, if they shall judge it expedient, enact, That the major part of the said Agents or Commissioners should be fully authorized and empowered to agree with the Agents or Com- missioners of the State of New - York, and settle the contro- versy respecting the territory aforesaid, by a federal Court as appointed by virtue of the confederation, or otherwise in such way and manner as they should judge would comport with justice and the interest of the said Commonwealth ; and the Legislature of the State of New - York did, by an act entitled, "An Act supplementary to the act entitled, an act to appoint Agents or Commissioners for vindicating the right and juris- diction of this State against the claims of the Commonwealth of Massachusetts, pursuant to the articles of confederation and perpetual union of the United States," among other tilings enact, That it should be lawful for the said James Duane, Robert It. Livingston, Egbert Benson, John Having, Melanc- ton Smith, and Robert Yates, and also, John Lansing jun. or any five or more of them, to settle the said controversy between the said State of New-Yovk, and the said Common- wealth of Massachusetts, otherwise than by the said federal Court, in such manner as they should judge most conducive to the interest of the said State, as by the said commission and the said several acts, relation being thereunto had, may appear. Now therefore know ye, That the underwritten Commis- sioners on the part of the Commonwealth of Massachusetts and the State of New - York respectively, having by mutual consent assembled at the city of Hartford in the State of Connecticut, on the thirtieth day of November last, in order to the due execution of their respective trusts, and having duly exchanged and considered their respective powers, and declared Boundaries of the State of New York. 219 the same legal and sufficient after several conferences, and to the end that all interfering claims and controversies between the said Commonwealth of Massachusetts and the said State of New- York, as well in respect of jurisdiction, as property, may be finally settled and extinguished, and peace and harmony forever established between them on the most solid founda- tion— HAVE AGREED, and by these Presents, do mutually for and in behalf of the said Commonwealth of Massachusetts and the said State of New - York, by whom respectively, they the said Commissioners have been so appointed and authorized as aforesaid, agree to the mutual cessions, grants, releases and other provisions following^ that is to say : First. The Commonwealth of Massachusetts doth hereby cede, grant, release and confirm to the State of New - York forever, all the claim, right and title which the Commonwealth of Massachusetts hath to the government, sovereignty, and jurisdiction of the lands and territories so claimed by the State of New - York as herein before stated and particularly specified. Secondly. The State of New -York doth hereby cede, grant, release and confirm to the Commonwealth of Massa- chusetts, and to the use of the Commonwealth, their grantees, and the heirs and assigns of such grantees forever, the right of pre-emption of the soil from the native Indians, and all other the estate, right, title and property, (the right and title of government, sovereignty and jurisdiction excepted) which the State of New -York, hath of, in, or to two hundred and thirty thousand and four hundred acres, to be located by the Common- wealth of Massachusetts, and to be situate to the northward of, and adjoining to the lands granted respectively to Daniel Cox and Robert Lettlce Hooper, and their respective asso- ciates, and between the rivers Owega and Chenengo. And also, of, in or to all the lands and territories within the follow- ing limits and bounds, that is to say : Beginning in the north boundary line of the State of Pennsylvania, in the parrallel of forty-two degrees of north latitude, at a point distant eighty- two miles west from the north-east corner of the State of Pennsylvania, on Delaware- River, as the said boundary-line 220 Copies of Documents Relating to the hath been run and marked by the Commissioners appointed by the States of Pennsylvania and New - York respectively, and from the said point or place of beginning, running on a due meridian north to the boundary line between the United States of America, and the King of Great- Britain ; thence westerly and southerly along the said boundary line, to a meridian which will pass one mile due east from the northern termination of the Streight, or waters between Lake-Ontario and Lake- Erie / thence south along the said meridian to the south shore of Lake-Ontario ; thence on the eastern side of the said Streight, by aline always one mile distant from the parrallel to the said Streight, to Lake- Erie • thence due west to the boundary line between the United States and the King of Great-Britain ; thence along the said boundary line, until it meets with the line of cession from the State of New - York to the United States; thence along the said line of cession, to the northwest corner of the State of L*ennsylvania ; and thence east along the northern boundary line of the State of Pennsylvania to the said place of beginning : And which said lands and territories so ceded, granted, released and confirmed, are parcel of the lands and territories described in the said petition. Thirdly. The Commonwealth of Massachusetts doth hereby cede, grant, release and confirm to the State of New -York and to the use of the State of New - York, their grantees and the heirs and assigns of such grantees forever, the right of pre- emption of the soil from the native Indians, and all other the estate, right, title and property, which the Commonwealth of Massachusetts hath of, in or to the residue of the lands and territories so claimed by the State of New - York, as herein before stated, and particularly specified. Fourthly. That the lands so ceded, granted, released and confirmed to the Commonwealth of Massachusetts, or such part thereof as shall from time to time be and remain the property of the Commonwealth of Massachusetts, shall during the time that the same shall so be and remain such property, be free and exempt from all taxes whatsoever, and that no Boundaries of the State of New York. 221 general or State tax shall be charged on, or collected from the lands hereafter to be granted by the Commonwealth of Massa- chusetts, or on the occupants or proprietors of such lauds, until fifteen years after such confirmation, as is herein after men- tioned, of such grants, shall have expired ; but that the lands so to be granted, and the occupants thereof, shall during the said period, be subject to town or county charges or taxes only ; Provided, That this exemption from general or State taxes, shall not be construed to extend to such duties, excises or imposts, to which the other inhabitants of the State of Nexo- York, shall be subject and liable. Fifthly. That no rents or services shall be reserved in any grants to be made of the said lands by the Commonwealth of Massachusetts. Sixthly. That the inhabitants on the said lands and territo- ries, being citizens of any of the United States, holding by grants from the Commonwealth of Massachusetts, shall be enti- tled to equal rights with the other citizens of the State of New- York," and further, that the citizens of the Commonwealth of Massachusetts, shall from time to time, and at all times here- after, have and enjoy the same and equal rights, respecting the navigation and fishery, on and in Lake Ontario and Lake Erie, and the waters communicating from the one to the other of the said lakes, and respecting the roads and portages between the said lakes, as shall from time to time be had and enjoyed by the citizens of the State of New -York ,' and the citizens of the Commonwealth of Massachusetts shall not be subject to any other regulations, or greater tolls or duties to be made or imposed from time to time by the State of New - York, respecting the premises, than the citizens of the State of New- York shall be subject to. Seventhly. That no adverse possession of the said lands for any length of time, shall be adjudged a disseizen of the Com- monwealth of Massachxisetts. Eighthly. That the State of New -York, so long as any part of the said lands shall be, and remain the property of the Com- monwealth of Massachusetts, shall not cede, relinquish, or in 222 Copies of Documents Relating to the any manner divest themselves of the government and jurisdic- tion of the said lands or any part thereof, without the consent of the Commonwealth of Massachusetts. Ninthly. That the Commonwealth of Massachusetts, may from time to time, by persons to be by them authorized for the purpose, hold treaties and conferences with the native Indians, relative to the property or right of soil of the said lands and territories hereby ceded, granted, released and confirmed to the Commonwealth of Massachusetts, and with such armed force as they shall deem necessary for the more effectual holding such treaty or conference ; and the Commonwealth of Massachusetts, within six months after such treaties shall respectively be made, shall cause copies thereof to be deposited in the office of the Secretary of the State of New -York. Tenthly. The Commonwealth of Massachusetts, may grant the right of pre-emption of the whole or of any part of the said lands and territories to any person or persons, who by virtue of such grant, shall have good right to extinguish by purchase, the claims of the native Indians : l Provided, how- ever, that no purchase from the native Indians by any such grantee or grantees, shall be valid, unless the same shall be made in the presence of, and approved by a superintendant to be appointed for such purpose by the Commonwealth of Mas- sachusetts, and having no interest in such purchase ; and unless such purchase shall be confirmed by the Commonwealth of Mas- sachusetts. Eleventhly. That the grantees of the said lands and terri- tories under the Commonwealth of Massachusetts, shall within six months after the confirmation of their respective grants, cause such grants or the confirmation thereof, or copies of such grants or confirmations certified or examplified under the seal 1 Oliver Phelps and Nathaniel Gorham purchased the whole of this tract from Massachusetts, but failed to meet their obligations, and a large share of the land reverted and was re-sold to Samuel Ogden for Robert Morris, May 12, 1791. Morris sold the west portion of the tract, about seven-eighths of the whole, to the Holland Land Company, reserving to himself a strip of an average width of twelve miles, known as the " Morris Reserve." — [Hough's Gazetteer of iV. F., 1872, p. 315. Boundaries of the State of New York. 223 of the Commonwealth of Massachusetts, to be deposited in the said office of the Secretary of the State of New-York, to the end that the same may be recorded there, and after the same shall have been so recorded, the grantees shall be entitled to receive again from the said Secretary their respective grants or confirmations, or the. copies thereof, which soever may have been so deposited, without any charges or fees of office whatso- ever, and every grant or confirmation which shall not, or of which shall not be so deposited, shall be adjudged void. m TESTIMONY WHEREOF, the said John Lowell, James Sullivan, Thcophilus Parsons and Rufus King, for and in the name and behalf of the said Commonwealth of Massachusetts, and the said James Duane, Robert R. Living- ston^ Robert Yates, John Having, Melancton Smith and Egbert Benson, for and in the name and on behalf of the said State of New -York, have to these presents, and a duplicate thereof, both indented, interchangeably set their hands, and affixed their seals ; done at the city of Hartford aforesaid, the six- teenth day of December, in the year of our Lord one thousand seven hundred and eighty-six, and the eleventh year of the independence of the United States of America. John Lowell, (L. S.) James Sullivan, (L. S.) Theophilus Parsons, (L. S.) Rufus King, (L. S.) James Duane, (L. S.) Robert R. Livingston, (L. S.) Robert Yates, (L. S.) John Haring, (L. S.) Melancton Smith, (L. S.) Egbert Benson, (L. S.) Witness present at the sealing and delivery ; George Wyllys, Thomas Seymour, Jesse Root, Jeremiah Wadsworth, D. Hum- phreys, William Imlay, Joseph Webb, Simeon de Witt, Lewis du Boys, Nathaniel Bethune. — [Mass. Perpetual Laws, pp. 392-397. 224 Copies of Documents Relating to the [In N. Y. Legislature.] City of New York, January 13, 1787. Gentlemen of the Senate and Assembly, * * * * I have the pleasure to inform you, that the Law passed at the last Session of the Legislature, vesting Commissioners with discretionary power, to determine the controversy between this State and the Commonwealth of Massachusetts, otherwise than by a Fcederal Court, hath been carried into full effect ; all interfering claims both with respect to territory and juris- diction being finally adjusted. — The mutual agreement and act of cession executed with the usual solemnities by the Com- missioners of both States, is now laid before you ; and I have the fullest confidence that the conduct of your Commissioners in a mission equally difficult and important, will meet with your entire approbation ; and that adequate provision will be made for the services and expeuces which have arisen in labo- rious preparations for the trial, as well as in the final extin- guishment of the contest. * * * * GEORGE CLINTON. — [Senate Journal, 1787, pp. -1, 5. Conclusion of the New Hampshire Controversy. Some account of the controversy with New Hampshire, relative to the territory embraced in the present State of Ver- mont, having been given on pages 77-86, it remains to record the amicable adjustment of conflicting claims, in connection with the Erection of Vermont into a New State. An ACT appointing Commissioners with Power to declare the Consent of the Legislature of this State, that a certain Territory within the Jurisdiction thereof should be formed into a new State. Passed 6th March, 1790. I. Be it enacted by the People of the State of New - York, represented in Senate and Assembly, and it is hereby enacted Boundaries of the State of New York. 225 }>ij the authority of the same, That Robert Yates, Robert R. Livingston, John Lansing, junior, Gulian Verplanck, Simeon I)e Witt, Egbert Benson, Richard Sill, and Melancton Smith, shall be, and hereby are appointed commissioners, with full power to them, or any four of them, in their discretion as they shall judge the peace and interest of the United States in general, and of this state in particular, to require the same, and on such terms and conditions, and in such manner and form as they shall judge necessary and proper, to declare the consent of the legislature of this state, that such district or territory, within the jurisdiction, and in the north-eastern and northern parts thereof, as the said commissioners shall judge most con- venient, should be formed and erected into a new state ; and with farther full power to treat, conclude and agree with any person or persons, or any assemblies or bodies of people, touching the premises, or touching the ceding or relinquishing the jurisdiction of this state over such district or territory, or touching the securing or confirming of rights, titles, or pos- sessions of lands within such district or territory, held or claimed under grants from the state of New-Hampshire while a colony, or under grants, sales or locations made by the authority of the government or jurisdiction now existing, and exercised in the north-eastern parts of this state, under the name or style of the state of Vermont, against persons claim- ing the same lands under grants from this state while acolonv, or since the independence thereof ; and every act of any four or more of the commissioners hereby appointed, in the execu- tion of the powers aforesaid, shall be as effectual to every purpose, as if the same were an immediate act of the legisla- ture of this state. Provided, Such grants, sales or locations by or under Vermont, do not extend to the westward of the towns granted, located or occupied under the late colony of New-Hampshire, which lay in that part of the country afore- said, between the north boundary of the commonwealth of Massachusetts, continued from the north-west corner thereof towards Hudson's river, and a parallel line extending eastward from the point of land where Fort-Edward formerly stood, 29 226 Copies of Documents Relating to the until it meets with the west bounds of any of the said granted, located or occupied towns. II. And be it further enacted by the authority aforesaid, That whatever stipulations shall be made by the commissioners appointed by this act, with any person or persons, or any assemblies or bodies of people, touching the premises, or touch- ing the ceding or relinquishing the jurisdiction of this state over such district or territory, or touching the securing of rights, titles or possessions of lands within such district, for a compensation for extinguishing the claims to lands within such district, as derived under the late colony of New -York, shall be for the use of such claimants, although in such stipulations such compensation should be declared to be for the use of this state, or for the people thereof ; and that nothing in this act contained shall be intended or construed to give any such claimant any right to any further compensation whatsoever from this state, other than such compensation which may be so stipulated as aforesaid. III. And be it further enacted by the authority aforesaid, That the act, entitled, An act appointing commissioners with power to declare the consent of the legislature of this state of New -York, that a certain territory within the jurisdiction thereof, should be formed or erected into a new state, passed the sixteenth day of July, in the year one thousand seven hundred and eighty-nine, shall be, and hereby is repealed. — [Laws of 1ST. Y. (Greenleaf), ii, 297, 298. To all to whom tliese Presents shall come : Be it known, That Robert Yates, John Lansing, junior, Gulian Verplanck, Simeon De Witt, Egbert Benson, and Melancton Smith, Commissioners appointed by an act of the Legislature of the State of New York, entitled "An act appointing Commissioners with power to declare the consent of the Legislature of this State that a certain territory within the jurisdiction thereof should be formed into a new State," Boundaries of the State of New York. 221 passed the sixth day of March last, do hereby, by virtue of the powers to them granted for the purpose, declare the consent of the Legislature of the State of New York, that the community now actually exercising independent jurisdiction as the State of Vermont, be admitted into the Union of the United States of America, and that immediately from such admission all claim of jurisdiction of the State of New York, within the State of Vermont, shall cease; and thenceforth the perpetual boundary line between the State of New York and the State of Vermont shall be as follows, viz : Beginning at the Northwest corner of the State of Massachusetts; thence, "Westward, along the South boundary of the township of Pownall, to the Southwest corner thereof; thence Northerly along the Western boundaries of the townships of Pownall, Bennington, Shaftsbury, Arling- ton, Sandgate, Rupert, Pawlett, Wells, and Paulkney, as the said townships are now held or possessed, to the River com- monly called Poultney River ; thence, down the same, through the middle of the deepest channel thereof, to East Bay ; thence, through the middle of the deepest channel of East Bay, and the waters thereof, to where the same communicate with Lake Champlain ; thence, through the middle of the deepest channel of Lake Champlain, to the Eastward of the Islands called the Four Brothers, and the Westward of the Islands called Grand Isle and Long Isle, or the Two Heroes, and to the Westward of the Isle La Motte, to the forty-fifth degree of North latitude. And the said Commissioners do hereby declare the will of the Legislature of the State of New York, that, if the Legislature of the State of Vermont shall, on or before the first day of January, in the year one thousand seven hundred and ninety-two, declare that the State of Ver- mont shall, on or before the first day of June, in the year one thousand seven hundred and ninety four, pay to the State of New York the sum of thirty thousand dollars, that immedi- ately from such declaration by the Legislature of the State of Vermont, all rights and titles to lands within the State of Ver- mont, under grants from the Government of the late Colony of New York, or from the State of- New York, except as here- 228 Copies of Documents Relating to the inafter excepted, shall cease. Or if the Legislature of the State of Vermont shall not elect to make such declaration, then that, except in cases where the grants from New York were intended as confirmations of grants from New Hampshire, all rights and titles under grants from the Government of the late Colony of New York, or from the State of New York, to lands within the State of Yermont, which may have been granted by the Government of the Colony of New Hampshire, shall cease, and the boundaries, according to which such grants from the Government of the late Colony of New Hampshire have been held or possessed, shall be deemed to be the true bounda- ries. And the said Commissioners do hereby further declare the will of the Legislature of the State of New York, that all rights and title to lands within the State of Vermont, under grants from the Government of the late Colony of New York, or from the State of New York, and not granted by the Gov- ernment of the late Colony of New Hampshire, shall be sus- pended until the expiration of three years after the Governor of the State of Vermont, for the time being, shall have been notified that a Commissioner, to be appointed by the State of New York, after the first day of January, in the year one thou- sand seven hundred and ninety-two, and to reside and hold a public office at the City of Albany, shall have entered upon the execution of his office. And if, within one year after such notification, there shall be delivered to such Commissioner, either the original or a certified abstract, containing the date, the names of the grantees, and the boundaries of a grant from New York, and if, thereupon, at anytime before the expiration of the said term of three years above mentioned, there shall be paid to such Commissioner, at the rate of ten cents per acre, for the whole or any parcel of the lands contained in such grant from New York, all right and title under such grant, shall, in respect to the lands for which payment shall so be made, cease ; and a receipt, under the hand and seal of such Commissioner, specifying the land for which payment shall be made, shall be evidence of the payment; and in default of delivering the original, or such certified abstract of the grant, to the Commis- Boundaries of the State of New York. 229 sioner, within the said term of one year, for that purpose above limited, all right and title under the grant, in respect to which there shall be such default of delivery, shall cease; but where the original or certified abstract of the grant shall be duly delivered to the Commissioner, and if thereupon payment shall not be duly made to the Commissioner, the right and title under the grant in respect to the lands forwhich payment .-hall not be made, shall remain; and suits for the recovery of such lands may be prosecuted in the ordinary course of law, provided the suit be commenced within ten years after the State of Ver- mont shall have been admitted into the Union of the United States, otherwise the right and title under the grant from New York shall, in such case, also cease. In testimony whereof the said Commissioners, have hereunto set their hands, and affixed their seals, the 7th day of October, in the fifteenth year of the Independence of the United States of America, one thousand seven hundred and ninety. EGBERT BENSON, [l. s.] GULIAN VERPLANCK, [l. s.] ROBERT YATES, [l. s.] MELANCTON SMITH, [l. s.] SIMEON DE WITT, [l. s.] JOHN LANSING, Junior, [l. s.] Richard Varick, Alexander Hamilton, Samuel Jones, Robert Benson, J — [Journal U. S. II. of Rep., i, 414. V Witnesses. An Act for the admission of the State of Vermont into this Union. Feb. 18, 1791. The state of Vermont having petitioned the Congress to be admitted a member of the United States, Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, and it is hereby enacted and declared, That on the fourth day of March, one thousand seven 230 Copies oe Documents Relating to the hundred and ninety-one, the said state, by the name and style of " The State of Yeraiont," shall be received and admitted into this Union, as a new and entire member of the United States of America. — [U. S. Statutes at Large, i, 191. The Present Boundaries of the State of New York, as described in the revised statutes. 1 CHAPTER I. Of the Boundaries of the State and its Territorial Jiirisdiction. Title 1. Of the boundaries of the state. Title 2. Of the sovereignty and jurisdiction of the state. Title 3. Of the places ceded to the United States. TITLE I. Of the Boundaries of the State. Seo. 1. Description of the boundaries of the state. Section 1. It being deemed useful for the information of the citizens and officers of this state, that its boundaries, so far as its jurisdiction is now asserted, should be declared, it is there- fore declared, that the state of New -York is bounded as follows : Beginning at Lyon's point in the mouth of a brook or river called Byram river, where it falls into Long-Island sound, and running thence up along said river to a rock at the ancient road or wading place in said river, which rock bears north twelve degrees and forty-five minutes east, five hundred and fifty rods from said point ; then north twenty-three degrees and forty-five minutes west, two thousand two hundred and ninety-two rods ; then east-north-east thirteen miles and sixty-four rods, which lines were established in the year one thousand seven hundred and twenty-five, by Francis 1 This legal description, though anticipating, in some of its details, records of official acts hereafter to be given in Part second, under the head of" Field Work," etc., properly concludes Part first (relative to territorial extent, and boundaries in general) of the present work. — [ P. Boundaries of the State of New Yore. 231 Harrison, Cadwallader Colden and Isaac Hicks, commissioners on the part of the then province of New -York, and Jonathan Law, Samuel Eells, Roger Wolcott, John Copp and Edmund Lewis, commissioners on the part of the then colony of Con- necticut, and were run as the magnetic needle then pointed : then along an east-north-east continuation of the last mentioned course, one mile three-quarters of a mile and twenty-one rods, to a monument erected in the year one thousand seven hun- dred and thirty-one, by Cadwallader Colden, Gilbert Willet, Vincent Matthews and Jacobus Bruyn junior, commissioners on the part of said province, and Samuel Eells, Roger Wolcott and Edmund Lewis, commissioners on the part of said colony ; which said monument is at the south-east corner of a tract, known and distinguished as the oblong or equivalent lands ; then north twenty-four degrees and thirty minutes west, until intersected by a line run by said last mentioned commis- sioners on a course south twelve degrees and thirty minutes west, from a monument erected by them in the south bounds of Massachusetts ; which monument stands in a valley in the Taghkanick mountains, one hundred aud twenty-one rods eastward from a heap of stones, in said bounds on the top or ridge of the most westerly of said mountains ; then north twelve degrees and thirty minutes east, from a monument, erected by said last mentioned commissioners at said place of intersection and standing on the north side of a hill south- easterly from the easternmost end of the long pond, along'the aforesaid line to the aforesaid monument erected in the south bounds of Massachusetts, being the northeast corner of the oblong ; then west nine degrees south along the north bounds of the oblong, one mile three-quarters of a mile twenty-one rods and five links, to a monument erected by said commis- sioners at the northwest corner of the oblong, and at the dis- tance of twenty miles from Hudson's river; which four last mentioned lines were established by said last mentioned com- missioners, aud were run by them as the magnetic needle pointed in the year one thousand seven hundred and thirty- one ; then north fifteen degrees twelve minutes and nine 232 Copies of Documents Relating to the seconds east, along the line established in the year one thousand seven hundred and eighty-seven, by Thomas Hutching, John Ewing, and David Rittenhouse, commissioners appointed by the United States in congress assembled, fifty miles forty- one chains and seventy-nine links, to a red or black oak tree marked by said commissioners, which said line was run by said last mentioned commissioners as the magnetic needle pointed in the year one thousand seven hundred and eighty- seven ; then north eighty-two degrees and twenty minutes west, as the magnetic needle pointed in the year one thousaud eight hundred and fourteen, fifty chains to a monument erected for the south-west corner of the State of Vermont, by Smith Thompson, Simeon De Witt and George Tibbits, com- missioners on the part of this state, and Joseph Beeman junior, Henry Olin and Joel Pratt second, commissioners on the part of the state of Vermont, which monument stands on the brow of a high hill, descending to the west ; then northerly in a straight line to a point which is distant ten chains, on a course south thirty-five degrees west, from the most westerly corner of a lot of land distinguished in the records of the town of Pownal, in the state of Vermont, as the fifth division of the right of Gamaliel Wallace, and which in the year one thousand eight hundred and fourteen, was owned and occupied by Abraham Vosburgh; then north thirty- five degrees east to said corner, and along the westerly bounds of said lot, thirty chains to a place on the westerly bank of Hosick river, where a hemlock tree heretofore stood, noticed in said records as the most northerly corner of said lot ; then north one degree and twenty minutes west, six chains to a monument erected by the said commissioners, standing on the westerly side of Hosick river on the north side of the highway leading out of Hosick into Pownal, and near the north-westerly corner of the bridge crossing said river ; then north twenty-seven degrees and twenty minutes east, thirty chains through the bed bank thereof; then north twenty -five degrees west, sixteen of the said river, to a large roundish rock on the north-easterly chains and seventy links; then north nine degrees west, Boundaries of the State of New York. 233 eighteen chains and sixty links to a white oak tree at the southwest corner of the land occupied in one thousand eight hundred and fourteen, by Thomas Wilsey ; then north eleven degrees east, seventy-seven chains to the north side of a high- way, where it is met by a fence dividing the possession of said Thomas Wilsey junior, and Emery Hunt; then north forty- six degrees east, six chains ; then south sixty-six degrees east, twenty-six chains and twenty-five links; then north nine degrees east, twenty-seven chains and fifty links, to a blue slate stone anciently set up for the southwest corner of Bennington ; then north seven degrees and thirty minutes east, forty-six miles forty-three chains and fifty links to a bunch of hornbeam saplings on the south bank of Poultney river, the northern- most of which was marked by said last mentioned commis- sioners, and from which a large butternut tree bears north seventy degrees west, thirty links, a large hard maple tree south two chains and eighty-six links, and a white ash tree on the north side of said river, north seventy-seven degrees east ; which said several lines from the monument erected for the southwest corner of the state of Vermont, were established by said last mentioned commissioners, and were run by them as the magnetic needle pointed in the year one thousand eight hundred and fourteen ; then down the said Poultney river through the deepest channel thereof, to East Bay ; then through the middle of the deepest channel of East Bay and the waters thereof, to where the same communicate with Lake Champlain ; then through the middle of the deepest channel of Lake Cham- plain to the eastward of the islands called the Four Brothers, and the westward of the islands called the Grand Isle and Long Isle, or the Two Heroes, and to the westward of the Isle- La-Mott to the line in the forty-fifth degree of north latitude, established by treaty for the boundary line between the United States and the British dominions ; then Northern, west along said line to the River St. Lawrence ; then along the line established by the commissioners appointed under the sixth article of the treaty of Ghent, and into and up the said River St. Lawrence to the waters of Lake Ontario ; 30 234 Copies of Documents Relating to the then along the said line through the waters of said lake and of the Niagara river to the waters of Lake Erie ; then Western, westerly through the same, and along the said line, until intersected by a meridian line drawn through the most westerly bent or inclination of Lake Ontario ; then south along said meridian line to a monument in the beginning of the forty-third degree of north latitude, erected in the year one thousand seven hundred and eighty-seven, by Abraham Hardenburgh and William W. Morris, commissioners on the part of this state, and Andrew Ellicott and Andrew Porter, commissioners on the part of the state of Pennsylvania, for the purpose of marking the termination of the line of juris- diction between this state and the said state of Penn- Southern. sylvania; 1 then east along the line established and marked by the said last mentioned commissioners to the ninetieth milestone in the same parallel of latitude, erected in the year one thousand seven hundred and eighty- six, by James Clinton and Simeon De Witt, commissioners on the part of this state, and Andrew Ellicott, commissioner on the part of Pennsylvania, which said ninetieth milestone stands on the western side of the south branch of the Tioga river ; then east along the line established and marked by said last mentioned commissioners, to a stone erected in the year one thousand seven hundred and seventy-four on a small island in the Delaware river, by Samuel Holland and David Jtitten- house, commissioners on the part of the colonies of New -York and Pennsylvania, for the purpose of marking the beginning of the forty-third degree of north latitude ; then down along said Delaware river to a point opposite to the fork or branch formed by the junction of the stream called Mahackamack with the said Delaware river, in the latitude of forty-one 1 It is noticeable that the above description of the western boundary does not state (as is usual in regard to other boundaries), when, by whom, or under what authority it was established and run; and it will hereafter appear, from documentary evidence, that the "monument at the beginning of the forty-third degree of north latitude " was not erected at the time, by the persons, or for the purpose stated in the text of the Revised Statutes. -[P. Boundaries of the State of New York. 235 degrees twenty-one minutes and thirty-seven seconds north ; then in a straight line to the termination, on the east bank of the Delaware river, of a line run in the year one thousand seven hundred and seventy-four, by William Wiekham and Samuel Gale, commissioners on the part of the then colony of New York, and John Stevens and Walter Rutherford, com- missioners on the part of the then colony of New-Jersey ; then along said line to a rock on the west side of Hudson's river, in the latitude of forty-one degrees north, marked by said commissioners ; then southerly along the west shore, at low water mark of Hudson's river, of the Kill Van Kull, of the sound between Staten island and New-Jersey, and of Rari- ton bay, to Sandy hook; and then to the place of beginning, in such manner as to include Staten Island, and the islands of meadow on the west side thereof, Shooter's Island, Long Island, the Isle of Wight, now called Gardiner's Island, Fisher's Island, Shelter Island, Plumb Island, Robin's Island, Ram Island, the Gull Islands, and all the islands and waters in the Bay of New -York, and within the bounds above described. 1 — [JST. T. Revised Statutes, 1829, i, 61-65; bth Ed. i, 77-80. [On the 16th of September, 1833, an agreement was concluded between commissioners mutually appointed by the State of New York and the State of New Jersey, relative to the boundary line between the two states, which was ratified by their respective legislatures and approved by congress. The confirmation by the State of New York was made by chapter 8 of Laws of 1834, which is here inserted.] The agreement entered into between the commissioners appointed by this state, and the commissioners appointed by the State of New Jersey, to settle the boundary line between New York and New Jersey, in the words following, viz. : 4 4 Agreement made between tJie commissioners on the part of the State of New York and the commissioners on the part of the State of Neto Jersey, relative to the boundary line between the tico states. Agreement made and entered into by and between Benjamin F. Butler, Peter Augustus Jay and Henry Seymour, commis- 1 Compiled from documents in the office of the secretary of state. 236 Copies of Documents Relating to the sioners duly appointed on the part and behalf of the State of New York, in pursuance of an act of the legislature of the said state, entitled 'An act concerning the territorial limits and jurisdiction of the State of New York and the State of New Jersey,' passed January 18th, 1833, of the one part, and Theo- dore Frelinghuysen, James Parker and Lucius Q. C. Elmer, commissioners duly appointed on the part and behalf of the State of New Jersey, in pursuance of an act of the legislature of the said state, entitled 'An act for the settlement of the ter- ritorial limits and jurisdiction between the States of New Jersey and New York,' passed February 6th, 1833, of the other part. Article First. The boundary line between the two states of New York and New Jersey, from a point in the middle of Hudson river opposite the point on the west shore thereof, in the forty-first degree of north latitude, as heretofore ascertained and marked, to the main sea, shall be the middle of the said river, of the bay of New York, of the waters between Staten island and New Jersey, and of Raritan bay to the main sea, except as hereinafter otherwise particularly mentioned. Article Second. The State of New York shall retain its present jurisdiction of and over Bedlow's and Ellis' islands, and shall also retain exclusive jurisdiction of and over the other islands lying in the waters above mentioned, and now under the jurisdiction of that state. Article Third. The State of New York shall have and enjoy exclusive jurisdiction of and over all the waters of the Bay of New York, and of and over all waters of Hudson river lying west of Manhattan island and to the south of the mouth of Spuytenduyvel creek, and of and over the lands covered by the said waters to the low water mark on the westerly or New Jersey side thereof ; subject to the following rights of property and of jurisdiction of the State of New Jersey, that is to say : 1. The State of New Jersey shall have the exclusive right of property in and to the land under water lying west of the middle of the Bay of New York, and west of the middle of that part of the Hudson river which lies between Manhattan island and New Jersey. Boundaries of the State of New York. 237 2. The State of New Jersey shall have the exclusive juris- diction of and over the wharves, docks and improvements made, and to be made, on the shore of the said state, and of and over all vessels aground on said shore, or fastened to any such wharf or dock ; except that the said vessels shall be subject to the quarantine or health laws, and laws in relation to passengers, of the State of New York, which now exist or which may hereafter be passed. 3. The State of New Jersey shall have the exclusive right of regulating the fisheries on the westerly side of the middle of the said waters, provided that the navigation be not obstructed or hindered. Article Fourth. The State of New York shall have exclu- sive jurisdiction of and over the waters of the Kill Van Kull, between Staten island and New Jersey, to the westernmost end of Shooter's island, in respect to such quarantine laws and laws relating to passengers as now exist, or may hereafter be passed under the authority of that state, and for executing the same ; and the said state shall also have exclusive jurisdiction for the like purposes, of and over the waters of the sound, from the westernmost end of Shooter's island to Woodbridge creek, as to all vessels bound to any port in the said State of New York. Article Fifth. The State of New Jersey shall have and enjoy exclusive jurisdiction of and over all the waters of the Bound between Staten island and New Jersey, lying south of Woodbridge creek, and of and over all the waters of Raritan bay lying westward of a line drawn from the light-house at Prince's bay to the mouth of Mattavan creek, subject to the following rights of property and of jurisdiction of the State of New York : 1. The State of New York shall have the exclusive right of property in and to the land under water, lying between the middle of the said waters and Staten island. 2. The State of New York shall have the exclusive juris- diction of and over the wharves, docks and improvements made, and to be made, on the shore of Staten island ; and of and over all vessels aground on said shore, or fastened to any 238 Copies of Documents Relating to the such wharf or dock, except that the said vessel shall be subject to the quarantine or health laws, and laws in relation to pas- sengers, of the State of New Jersey, which now exist, or which may hereafter be passed. 3. The State of New York shall have the exclusive right of regulating the fisheries between the shore of Staten island and the middle of the said waters, provided that the navigation of the said waters be not obstructed or hindered. Article Sixth. Criminal process issued under the authority of the State of New Jersey, against any person accused of an offense committed within that state ; or committed on board of any vessel being under the exclusive jurisdiction of that state as aforesaid ; or committed against the regulations made or to be made by that state, in relation to the fisheries mentioned in the third article ; and also civil process issued under the author- ity of the State of New Jersey against any person domiciled in that state, or against property taken out of that state to evade the laws thereof ; may be served upon any of the said waters within the exclusive jurisdiction of the State of New York, unless such person or property shall be on board a vessel aground upon, or fastened to the shore of the State of New York, or fastened to a wharf adjoining thereto ; or unless such person shall be under arrest, or such property shall be under seizure, by virtue of process or authority of the State of New York. Article Seventh. Criminal process issued under the author- ity of the State of New York, against any person accused of an offense committed within that state; or committed on board of any vessel being under the exclusive jurisdiction of that state as aforesaid ; or committed against the regulations made or to be made by that state, in relation to the fisheries men- tioned in the fifth article ; and also civil process issued under the authority of the State of New York, against any person domiciled in that state, or against property taken out of that state to evade the laws thereof; may be served upon any of the said waters within the exclusive jurisdiction of the State of New Jersey, unless such person or property shall be on Boundaries of the State of New York. 239 board a vessel aground upon, or fastened to the shore of the State of New Jersey, or fastened to a wharf adjoining thereto ; or unless such persons shall be under arrest, or such property shall be under seizure, by virtue of process or authority of the State of New Jersey. Article Eight. This agreement shall become binding on the two states when confirmed by the legislatures thereof respectively, and when approved by the congress of the United States. Done in four parts (two of which are retained by the com- missioners of New York, to be delivered to the governor of that state, and the other two of which are retained by the commissioners of New Jersey, to be delivered to the governor of that state,) at the city of New York, this sixteenth day of September, in the year of our Lord one thousand eight hun- dred and thirty-three, and of the independence of the United States the fifty-eighth. (Signed), B. F. Butler, Peter Augustus Jay, Henry Seymour, Theo. Frelinghuysen, James Parker, Lucius Q. 0. Elmer. Is hereby ratified and confirmed on the part of the State of New York'." [The boundary line between the commonwealth of Massachusetts and the State of New York was changed, in the year 1855, by the acceptance, on the part of New York, of sovereignty and jurisdiction over a portion of the commonwealth of Massachusetts ceded to the State of New York in the year 1853, and the approval of Congress, January 3, 1855. The acceptance by the State of New York is in chapter 58G of Laws of 1853, which is here inserted.] *§ 1. Sovereignty and jurisdiction over that portion of the territory of the commonwealth of Massachusetts, known as the district of Boston corner, situate in the southwesterly corner of the said commonwealth of Massachusetts, and westerly of 240 Copies of Documents Relating to the the southwest line of the town of Mount Washington, in the county of Berkshire, ceded to the State of New York, upon certain conditions, by an act of the legislature of the said commonwealth, passed in May, 1853, entitled " An act relating to the separation of the district of Boston corner from this commonwealth, and the cession of the same to the State of New York," is hereby accepted by the State of New York : this section, however, is not to take effect until the congress of the United States shall consent to such cession and annexa- tion. [1853, eh. 586, § 1.] * § 2. Until the proclamation, provided in the third section of the act of the legislature of the said commonwealth, referred to in section one of this act, shall be issued, the courts of the said commonwealth of Massachusetts shall have authority to take and hold effectual civil and criminal jurisdiction in any cause or matter pending, or which shall have arisen anterior to the issuing of the said proclamation. [Same eh., § 2.] * § 3. His excellency, the governor of this state, for the better defining the limits and extent of the territory men- tioned in this act, shall appoint a suitable person to act in con- junction with proper authorities of the commonwealth of Massachusetts, who shall cause an accurate survey and map to be made of the said territory, and shall cause sufficient monuments to be erected in and along the eastern bonndary line of said territory, and shall cause the said map and survey to be duly authenticated and filed in the office of the secretary of this state, as record evidence of the extent and limits of such cession. [Same eh., § 3.] * * * * — [if. T. Rev. Statutes, Uh Ed., i, 80-84. Boundaries of the State of New York. 241 PART II. FIELD WORK AND OTHER MATTERS RELATING TO THE DETERMINATION OF THE SEVERAL BOUNDARY LINES, AND TO THE ERECTION OF MONUMENTS THEREON. Determination of the New York and Pennsylvania Joint Boundary Line. To the Kings most excellent Majesty in Council. The humble Petition of Thomas Penn and John Penn Pro- prietaries of Your Majesty's Province of Pennsylvania in America [August 26, 1774]. Sheweth That on the 4 th day of March 1680 His late Majesty King Charles the Second was graciously pleased By Letters Patent under the Great Seal to Grant unto William Penn Esquire (late Father of your Petitioner Thomas Penn and Grandfather of your Petitioner John Penn) in Fee the said Province of Pennsylvania That the Extent and Bounds of the said Province were expressed in the said Letters Patent in the following Words (that is to say) * * * * That the said William Penn and his Children claiming under him have as they humbly hope answered the Purposes for which the said Province was granted * That the Boundary Line of the said Province of Pennsyl- vania hath now been finally adjusted and settled between your Petitioners and the late Right Honorable Frederick Lord Baron of Baltimore in the Kingdom of Ireland Pro- prietor of the Province of Maryland. That at the Time of the making of the said Grant to the said William Penn the Continent of America was not so well understood as the same hath been of later Years for your Peti- 31 242 Copies of Documents Relating to the tioners conceive that the province of Maryland (which was granted prior to that of Pennsylvania) as bounded by the Line drawn by the said Commissioners extends now considerably farther Northward than it was apprehended the same would have extended at the Time of the Grant to the said William Penn and it is now certainly known that the Circle at twelve Miles distance from New Castle can never touch the begin- ning of the fortieth Degree of northern Latitude as the said Grant of the said Province of Pennsylvania supposed ; Your Petitioners therefore could not have three Degrees of Lati- tude according to the Intention of their Grant without encroaching upon the Province of Maryland and the Line between your Petitioners and Lord Baltimore which ought to have been run due West from the Circle twelve miles distant from New Castle at the beginning of the fortieth degree of northern Latitude was run in that direction towards the end of the said fortieth Degree but to the manifest prejudice of your Petitioners Wherefore your Petitioners apprehend that to the Westward of Maryland where no other Grant interferes they ought to have the whole Extent of three Degrees of Lati- tude, viz 1 : from the beginning of the fortieth to the beginning of the forty third Degree of northern Latitude. That your Petitioners also apprehend it is now certainly known that the said River Delaware doth extend to and beyond the beginning of the three and fortieth Degree of Northern Latitude from twelve miles distance Northwards of New Castle Town yet still the spot at which the two and fortieth Degree of Northern Latitude doth end and the forty third Degree doth begin hath never been fixed and the whole Northern and Western Boundaries and the Southern Boundary to the West- ward of Maryland remain yet to be drawn. That great numbers of People under Grants from the Pro- vince of New York are settled and daily settling in those Parts where (as your Petitioners apprehend) the Northern Boundary of the said Province of Pennsylvania according to the Intention of their Charter ought to run and others are settled and daily settling without any Grants whatever in those Boundaries of the State of New York. 243 Parts where (as your Petitioners apprehend) the Western Boundary of the said Province ought to run, and an Applica- tion having lately been made to your Majesty for erecting into separate Province a large Tract of Land on the River Ohio to the Westward of Pennsylvania unless the Bounds of the Pro- vince of Pennsylvania be set out and ascertained Your Petition- ers apprehend great Contentions may hereafter arise between the Inhabitants of the said Province and those claiming to be within the Lines of New York or of such other Province as may be erected to the Westward of Pennsylvania and many Outrages be committed the Perpetrators whereof by reason of the uncertainty of the said Northern and Western Boundaries will with difficulty be made amenable to the Justice of any of the said Provinces. * * * * Wherefore your Petitioners most humbly pray your Majesty that you will be graciously pleased to order such disinterested Persons in those Parts as your Majesty shall think most proper to be appointed with Power to join with such Persons as shall be named by your Petitioners for the marking and ascertaining the Beginning of the forty third Degree of Northern Latitude on the said River Delaware and for the marking and ascer- taining a strait Line to the Extent of five Degrees in Longi- tude due West from the Place which shall be ascertained to be the beginning of the forty third Degree of Northern Latitude to be fixed and settled as the Northern Boundary of the said Province of Pennsylvania and for the marking and ascertaining a Line due South from the Western Bounds of the said Pro- vince of Maryland to the Beginning of the fortieth Degree of Northern Latitude * * All which your Petitioners have thought it right to submit to your Majesty's Wisdom in Order that your Majesty may if you shall so please give Directions that the said Lines may accordingly be run to prevent any dis- pute which may hereafter arise touching the Boundaries of the said Province. And your Petitioners (as in all Duty bound) shall ever pray &c a . — [N. Y. Col. MSS., c, 147. 244 Copies of Documents Relating to the Gov. Colden, N. T., to Gov. Penn, Pa., 1774. New York, 22d August, 1774. Sir, I have the Honor of your Letter of the 11th of this Month, with a Copy of the Petition of the Proprietors of Pensilvauia to the King. It seems very reasonable, and I conceive no Objection can be made to it on the Part of this Province. I am entirely of your Opinion that the ascertaining and estab- lishing the Boundaries between the Colonies, is a Matter of great Importance to both, and ought to be accomplished with- out delay. You may, therefore, be assured that I will recom- mend this Business to the Assembly at their next Session. A Provision for the Expence must come from them, on which Head I can give no Answer till they meet, which will not probably be before the Winter. Settling the Begining of the 43d Degree of Latitude on Delaware River, would alone be a Point of much Consequence, and might in a great meas- ure be sufficient at present to prevent Encroachments on either Side. This might be done much sooner, and at much less Expence, by Commissioners appointed by this and your Province, than if refer'd to Commissioners to be appointed by the King. The Latitude may be determined with the greatest certainty in the months of November and December, by observing the Altitude of the Pole Star, above and below the Pole. In this Method no calculation is necessary, nor is there any Dependance on the previous Work of others. I shall communicate your Letter and the Copy of the Peti- tion to the Council the first Time they meet I am with much respect, Sir, Your most Obedient, Humble Servant, CADWALLADER COLDEN. Directed, — Hon ble Gov 1- . Penn. — [Penn. Arch., iv, 562. Boundaries of the State of New York. 245 At a Council held at the Council Chamber in the City of New York, on Thursday the first day of September 1774 * * * * The Petition of Thomas and John Penn Esquires Proprie- tors of the Province of Pennsilvania to his Majesty, and Gov- ernor Penn's Letter to his Honor the Lieutenant Governor, were severally Read ; and his Honor requiring the opinion of the Council thereupon ; The Council humbly Advise that His Honor do Signify to Governor Penn, that they conceive it to be very expedient, that the Limits of this and the Province of Pennsilvania be speedily ascertained and marked out. But that no Engagement can be made for bearing any Part of the Expences until the General Assembly have taken the Subject Matter of Governer Penn's Letter into Consideration. * * * * — [JV. Y. Council Minutes, MS., xxvi, 407 ; Penn. Arch., iv, 576. New York, 24th Sept'r, 1774. Sir: By the inclosed Minute of Council, you will be made acquainted with the sentiments of his Majesty's Council of this Province, upon the Letter of the 11th of last month, which 1 had the honor to receive from .you, with the Copy of your Petition to the King. In the Conversation which I had with the Gentlemen of the Council upon this Occasion, they were of Opinion that the Assembly would not be induced to bear our Proportion of the Expence of riming the whole Northern Boundary of Pensil- vania, which extends so much farther westward, than We have any probability of settling in many years. Our Assembly have experienced such a heavy expence attending the appoint- ment of Commissioners under the Great Seal of England, that it may even be apprehended they will not at any rate, choose to engage in that way. But We do not doubt they would be willing to join with you in Appointing two Gentlemen, one of each Province, to determine the Latitude on Delawar River, 246 Copies of Documents Relating to the and the northern Boundary, so far as there is any room to imagine the Settlements on either side can extend for a con- siderable Time to come. In which way it may be done very effectually, at much less Expence. Your most Obedient, Humble Servant, CADWALLADER COLDEN. Directed, Hon ble Gov. Penn. — [Penn. Arch., iv, 578. At a Council held at the Council Chamber in the city of New York on Tuesday the Eighth day of November 1774. * * * * His Honor the Lieutenant Governor laid before the Board a Letter from The Hono ble : John Penn Esq: Governor of Pennsylvania informing his Honor, that the Surveyors on the Part of that Province, were set out, and requesting his Honor would direct the Surveyor on the Part of this Province to pro- ceed as soon as possible to the River Delaware, and in conjunc- tion with the Pennsilvania Surveyors to fix the Forty second Degree of North Latitude being the Boundary between the two Provinces. And the said Letter having been read, the council humbly advise that his Honor do request Cap* Holland to act as Surveyor on the Part of this Province, and instruct him to act in Conjunction with the Surveyors on the part of Pennsilvania in ascertaining the said Latitude of Forty two Degrees North being the Boundary before mentioned. — [N. Y. Council Minutes, MS., xxvi, 413. At a Council held at the Council Chamber in the City of New York, on Wednesday the twenty fifth day of January, 1775. * * * * His Honor laid before the Board the Report of the Com- missioners who were appointed on the Part of this Province, Boundaries of the State of New York. 247 and on the Part of the Province of Pennsilvania to fix the Beginning of the 43 d Degree of North Latitude on the Mohawks or Western Branch of Delaware River, which Lati- tude is the Division Line between the said Provinces. And the said Report having been read : It is Ordered by his Honor with the Advice of the Council, that the said Report be Filed in the Secretary's Office, and also entered at large upon the Minutes of this Board. Whereas the Honorable Cadwalader Colden Esquire Lieu- tenant Governor of the Province of New York with the Advice of his Majesty's Council did on the Eighth Day of November last, Nominate and appoint Samuel Holland Esquire &c to proceed in conjunction with M r David Rittenhouse, or such Person as might be appointed on the part of the Province of Pennsylvania to fix the beginning of the 43 d Degree of North Latitude on the Mohawk or Western Branch of Delaware, and to proceed Westward as far as the Season would permit along the Beginning of the said Degree which is the Boundary between the Provinces of New York and Pennsylvania. And Whereas the Honorable John Penn Esquire Governor &c a . of Pennsylvania did on. the twenty fourth Day of October last nominate and appoint the said David Rittenhouse to proceed on the like Service in Conjunction with the said Samuel Hol- land or such Person as should be appointed on the Part of the Province of New York ; Now We the said Samuel Holland and David Rittenhouse beg Leave to make the following joint Report of our Work viz*. Having in proceeding up the said River made several Observations with a good Hadley's Quadrant, in order to Deter- mine nearly the Latitude required, We fixed our Instruments on the spot marked A in the Annexed Draught as most con- venient for our purpose, particularly an excellent Astronomical Sector of six feet Radius made by Mr Bird, with which we made the following Observations, when the several Stars were on our Meridian. 24' . 40" 29 23 24 38 29 22 38 36 24 39 29 18 248 Copies of Documents Relating to the 1774 Nov 1 " 19 th Zenith distance of a Lyra -f refraction = 3°. 24' 23 Zenith distance of a Cygni + refraction = 2 24 Zenith distance of a Lyra + refraction = 3 24 Zenith distance of a Cygni + refraction=2 26 Zenith distance of Castor + refraction = 9 27 Zenith distance of a Lyra + refraction = 3 27 Zenith distance of a Cygni + refraction = 2 From the above Observations compared with the Declination of the Stars as determined by D r Bradley, corrected by Aberra- tion and Nutation We concluded our Latitude to be 42° 00* 1".3 that is 132 feet too far North allowing 102 feet to a Second, Double this distance viz 264 feet We measured on a Line bearing S 60° E in order to avoid the River, and there in a small Island marked B in the Draught planted a Stone with the Letters new-york, Cut on one gide and on the Top LAT _ 42 ° var. 4° 20' Thence due West on the West side of Delaware River, We collected a Heap of Stones at High Water mark and in the said West line 4 Perches distant planted another Stone as at C with the Letters Pennsylvania Cut on the g outh side and on the Top Lat. 42° Var. 4°. 20' and from thence due West 18 P. marked an Ash Tree. But the rigour of the Season prevented us from proceeding further. SAMUEL HOLLAND DAVID RITTENHOUSE Dated at Philadelphia the 14 th . December 1774 — [JV. Y. Council Minutes, MS., xxvi, 417, 418. For the " Draught " above referred to, see Portfolio Map 211, N. Y. Sec'y of State's office. Boundaries of the State of New York. 249 [In N. Y. General Assembly.] Die Jovis, 10 ho. A. M. the 26th January, 1775. * * * * A message from his honor the Lieut. Governor, by Mr. Bayard, deputy secretary ; and the same being read, is in the words following, viz. Gentlemen, In the month of August last, Governor Penn made an overture to me, for settling the boundary line between this province and Pennsylvania. He very justly observed that, as the settlements under both governments were daily approach- ing the line, it was of great importance to have the boundary marked without delay. The gentlemen of the council were of opinion, that it would be sufficient at this time, to find the beginning of the 43d degree of latitute upon the Delaware and Susquehannah rivers ; to mark those points, and so much of the boundary line as lies between them. They advised me to appoint Samuel Holland, Esquire, to perform the work on the part of this province, in conjunction with the persons whom Governor Penn should appoint on the part of Pennsylvania. Mr. Holland and Mr. Rittenhouse went upon this work in November last, and fixed the latitude on Delaware river. They met with unexpected fatigue and danger, from the severity of the weather, which made it impossible for them to proceed any farther. I send you Mr. Holland's account ; he lias advanced a considerable part of the amount, and I recom- mend to you, gentlemen, now to make provision for the pay- ment of this service, which I have reason to think has been accurately performed, CADWALLADER COLDEN New -York, 26th January, 1775. Ordered, That the said message, and the account therein mentioned, be refered to the consideration of the committee to whom his Honor's speech is committed. * * * * — {.Journal of N. Y. Gen. Assem., 1775, j?p. 17, 18. 32 250 Copies of Documents Relating to the Die Mercurij, 10 ho. A. M. the 15th March, 1775. * * * * The order of the day being read, the house resolved itself into a committee of the whole house, upon his Honor's speech, messages, &c. [and sundry resolutions were adopted]. * * * * Resolved, That it is the opinion of this committee, that there be allowed unto Samuel Holland, Esq. for his services on the part of this colony, in conjunction with Mr. Rittenhouse, on the part of Pennsylvania, in fixing the beginning of the 43d degree of latitude upon the river Delaware, as per account, the sum of £202 13 6. •* * * # Ordered, That a bill be brought in pursuant to the said resolutions. * * # * — [Journal of JV. Y. Gen. Assem., 1775, pp. 72, 73, 76. State of Pennsylvania, In General Assembly, Monday, September 15, 1783, A. M. The report of the committee appointed to hold conferences with the city merchants, read September 10, was read the second time, and adopted as follows, viz ; That they have had sundry conferences with a committee of the merchants of Philadelphia touching the inland commerce of this State, that they are sorry to find the same subjected to so many obstructions owing to the ruinous condition of the public roads throughout this State — no object however strikes your committee in so forcible a manner, as that of conducting the streams of commerce from the river Susquehanna to the port of Philadelphia ; * * * Your Committee therefore offer the following resolutions to the honorable House. Boundaries of the State of New York. 251 Third, — To examine the navigation of the Susquehanna to the sources of the same, and ascertain as near as conveniently may be, where the northern boundary of this state will fall, particularly whether any part of lake Erie is within the state of Pennsylvania, taking particular notes of the nature and geography of the county as to the practicability of roads, water carriage, air, soil, natural productions, &ea. * * * * — [ Perm. Arch., x, 128, 129. Saturday, September 20, 1783, A. M., Agreeable to the order for the day, the House proceeded to elect six Commissioners for the purposes expressed in the reso- lution adopted September 15, and the ballots being taken, it appeared, * * that William Maclay, James Wilkinson and William Montgomery, Esquires, were also duly elected for the performing the duties mentioned in the third and in the last of those resolutions. — \Penn. Arch., x, 129-130. State of Pennsylvania In General Assembly, 1785. Friday February 18, 1785. A. M. The report of the committee appointed to confer with the Commissioners &c, read February 16, was read the second time and adopted as following (viz.) The committee appointed on the eleventh instant to confer with the Commissioners elected in pursuance of the third resolution of the General Assembly, adopted the fifteenth day of September 1783, to examine the navigation of the Susque- hanna, and to ascertain as near as conveniently may be where the northern boundary of this State will fall &c, beg leave to report. That the ascertaining of the Northern boundary of this State is rendered the more immediately necessary by the late purchase of territory from the Indians, and the design of opening the Land Office for the Sale of lands bordering on the said boundary especially as your committee are well 252 Copies of Documents Relating to tee informed that the six nations of Indians have appointed one of their Chiefs to attend the Commissioners on the part of this State in running and marking the said boundary line as early as the season will admit. * * * * That your committee have conferred with two of the said Commissioners, and find that they are nearly prepared and propose to set out on the business about the first of April, but as greater accuracy seems now to be requisite in ascertain- ing the northern boundary, than was formerly in contemplation, a further supply of mathematical instruments may be necessary. Your committee therefore offer the following resolutions. Resolved, That the Commissioners appointed in pursuance of the said third resolution of the General Assembly of this State, adopted on the fifteenth of September 1783, be directed to proceed as early as may be to execute the objects of their appointment so far as may be done without proceeding up the Susquehanna beyond the limits of this State, being careful to mark the northern boundary line thereof in such manner as that the same may be readily known and understood by the Surveyors and settlers, also by the Indians who may approach the same. Resolved, [this resolution authorizes the payment of sums necessary for purchasing instruments, provisions and other necessaries for the said service, not exceeding fifty pounds to each of the said Commissioners]. Resolved, That the President and Supreme Executive Coun- cil of this State be desired to inclose the foregoing resolutions to the Governor of the State of New York and to request that Commissioners on the part of that State may be appointed to run and mark a temporary line between the States of Penn- sylvania and New York, in conjunction with the Commis- sioners of this State ; and that the Commissioners of this State be directed to meet at the north-east corner of this State, or Station point as heretofore settled, on the first day of April next. * * * * — [Perm. Arch., x, 412, 413. Boundaries of the State of New York. 253 In Council, February 19th, 1785. Sir, We inclose Resolutions passed yesterday by the General Assembly of this Commonwealth and request that Commis- sioners on the part of your State, may be appointed to run & mark a temporary Line, according to the said Resolutions. The Commissioners on the part of this State are, [names not given.] I am Sir, your most obed. Servt. JOHN DICKINSON. Directed, His Excellency the Governor of the State of New York. — [Penn. Arch., x, 112, 113. Philada. 22nd Feb'y, 1785. Sir, In the prosecution of the Duties assigned us, as Commission- ers appointed to run the northern Boundary of this State ; we found it necessary to provide ourselves with a transit Instru- ment which we have bought, Price Thirty Pounds. Please therefore to Order a draught on the Treasurer for said sum ; as also for Fifty Pounds to be charged to, Sir, Your most obedient & Humble Servant, JOS. MONTGOMERY. Directed, His Excellency, John Dickinson, Esq., in Council. — [Penn. Arch., x, 416. An ACT for running out and marking the jurisdiction Line between this State and the Commonwealth ^/Pennsylvania. Passed 7th March, 1785. Whereas the Honorable Cadwallader Golden, Esquire, Lieutenant-Governor of the late Colony, now State, of New- York, with the Advice of the then Council, did, on the eighth 254 Copies of Documents Relating to the Day of November, One Thousand Seven Hundred and Seventy- four, nominate and appoint Samuel Holland, Esquire, to pro- ceed, in conjunction with Mr. David Rittenhouse, or such other Person as might be appointed on the Part of Pennsylvania, to fix the Beginning of the Forty-third Degree of North Lati- tude on the Mohawk, or Western Branch of Delaware, and to proceed Westward, as far as the Season would permit, along the Beginning of the said Degree, which is the Boundary between this State and the State of Pennsylvania: And whereas the Honorable John Penn, Esquire, late Governor of the late Colony, now Commonwealth of Pennsylvania, did, on the Twenty-fourth Day of October, in the Year aforesaid, nominate and appoint the said David Rittenhouse to proceed on the like Service, in Conjunction with the said Samuel Hol- land, or such other Person as should be appointed on the Part of the then Colony, now State of New - York : And whereas the said Samuel Holland and Divid Rittenhouse did, in Pursuance of their said respective Appointments, proceed on the said Business, and made a Return thereof under their Hands, bearing Date at Philadelphia, the fourteenth day of December, in the same Year; by which Return it appears, that the said Commissioners Ascertained and fixed the Begin- ning of the Forty-third Degree of North Latitude on the Mohawk, or Western Branch of Delaware, and there in a small Island planted a Stone, with the Letters, { NEW 1 ^ 0RK ' j cut on one Side, and on the Top, lat. 42° : var. 4° : 20' ; thence due West, on the West side of Delaware River, they collected a Heap of Stones at High-Water Mark, and in the said West Line, four Perches distant, planted another Stone, with the Letters, | PENNSYLVANIA, J cut Qn the g onth g^ and Qn the Topj LAT> 430 . var. 4° : 20' ; and from thence due West eighteen Perches, marked an Ash Tree ; and that the Rigour of the Season pre- vented them from proceeding further, as by the Report of the said Commissioners, filed with a Map annexed thereto, and filed of Record in the Secretary's Ofiice of this State, will more fully appear. And whereas it is necessary that said Line should be run out, marked and ascertained ; Boundaries of the State of New York. 255 I. Therefore, be it Enacted by the People of the State of New-York, represented in Senate and Assembly, and it is hereby Enacted by the Authority of the same, That the Person administring the Government of this State for the Time being, by and with the Advice and Consent of the Council of Appointment, shall forthwith, after the passing of this Act, appoint and commission, under the Great Seal of this State, three Commissioners ; that the said Commissioners, or any two of them, are hereby authorized, on the Part of this State, to meet with such Person or Persons who may be appointed and authorised on the Part of the Commonwealth of Pennsyl- vania, at such Time or Times, Place or Places, as shall be agreed upon and determined by the Persons administring the Government of this State for the Time being, and the Com- monwealth of Pennsylvania, then and there to run out, mark and ascertain the said Line of Jurisdiction between this State and the Commonwealth of Pennsylvania ; beginning at the Place so fixed and ascertained by the said Commissioners as above mentioned, on the Mohawk, or "Western Branch of Delaware, at the Beginning of the Forty-third Degree of North Latitude, and from thence to proceed Westward, along the Beginning of the said Forty-third Degree of North Lati- tude, as far as this State and the said Commonwealth of Penn- syluania border on each other. II. And be it Enacted by the Authority aforesaid, That the said Commissioners, or any two of them, be, and they are hereby authorised and empowered to employ a Surveyor or Surveyors, Chain-bearers, and such and so many other Per- sons as may be found necessary to perform the executive Part, in running, marking and ascertaining the said Line, in Con- junction with such Person or Persons as may be appointed on the part of the Commonwealth of Pennsylvania, for that Purpose; and such Line so agreed upon, approved of, and con- sented to by the said Commissioners, or any two of them, and such Person or Persons as shall be appointed by and on the Part of the Commonwealth of Pennsylvania, being reported to the Persons administring the Government of this State, 256 Copies of Documents Relating to tee and the Commonwealth of Pennsylvania, for the Time being, and ratified and confirmed by the Legislature of this State and the Legislature of the Commonwealth of Pennsylvania, shall hereafter be the Line of Jurisdiction between this State and the Commonwealth of Pennsylvania. III. And be it Enacted by the Authority aforesaid, That the said Commissioners, or any two of them,. be, and they are hereby authorised, from Time to Time, to draw upon the Treasurer of this State, for such Sums of Money as they shall judge necessary for defraying the Expences of running out, marking and ascertaining the said jurisdiction Line, on the Part of this State, not exceeding in the Whole the Sum of One Thousand Pounds, for which they are to be accountable. — [Laws of N. Y. {Jones and Varick), i, 194, 195. 1 New York, 11 th March, 1785. Sir, Previous to my receipt of your Excellency's Letter of the 19 th February, inclosing Resolutions of your General Assembly, a Bill had originated in our Legislature for running and mark- ing the jurisdiction Line between this State and Pennsylvania, which has since passed into a Law, and I have now the Honor to inclose you a Copy of it. Your Excellency will perceive that instead of a temporary Line between the two States, which appears to be the object of your Assembly, our Law provides for the establishment of a permanent Line ; and I flatter myself, that upon a recon- sideration of the matter, your Legislature will concur in the Idea. I presume it will be admitted if a temporary Line only was to run, it should be done with accuracy to prevent the obvious inconveniences which the Borderers would be subject 'A very inaccurate copy of an Act purporting to be the same as the above, is given in the Petin. Arch., x, 422-424. An Act supplementary to the above A.ct, providing for filling vacancies that might occur among the Commissioners, was passed April 21, 1787; see Jones and Varick, ii, 172. — [ P. Boundaries of the State of New York. 257 to as the Settlements advance on either side ; and the conse- quent broils which the two States might be involved in by an incorrect Line in the first Instance, and in this Case there can be but little additional expence incurred in rendering it perfect and permanent. By the Act, you will observe, it is left with our Council to appoint Commissioners for this Service on the part of this State, which shall be done, and their Names transmitted to your Excellency, and every other necessary Arrangement made on our part for carrying the business into effect, so soon as I shall be informed of the Concurrence of your State. I have the Honor to be, with the highest Respect, your Excellency's most Obed* Serv 1 , GEO. CLINTON. His Excellency Governor Dickinson. — \Penn. Arch., x, 422. State of Pennsylvania. — In General Assembly, Thursday, March 31, 1785, A. M. The motion read yesterday was read the second time and adopted as follows, (viz :) Whereas, it appears by documents and papers laid before this General Assembly, that the Legislature of the State of New York have by law provided for the runing out, marking and ascertaining the boundary line between the Commonwealth of Pennsylvania and the State of New York, so that the same may be the fixed and permanent line of jurisdiction between the said States. Resolved, that the resolution of the fifteenth day of Sep- tember, 1783, for appointing Commissioners for certain pur- poses therein mentioned and the resolution of the eighteenth day of February last, for enlarging the powers of the Com- missioners appointed in pursuance of the said resolve of the fifteenth day of September aforesaid, so as to enable them to run out and mark a temporary line of jurisdiction between 33 258 Copies of Documents Relating to the this State and the State of New York, be, and the same hereby are, rescinded and made null and void. Resolved, that the Executive Council be, and the said Council is hereby empowered to draw orders on the Treasurer of this State for the payment of such sum or sums of money as shall appear to be due to each of the said Commissioners for any services due or expences borne by them, or either of them, under their appointment as aforesaid. — [Perm. Arch., x, 710. In Council, April 6 th , 1785. Sir, Your Letter of the 11 th of last Month, with the Inclosnre, we immediately communicated to the General Assembly of this Commonwealth, and now have the Honor of transmitting the Copy of an Act passed by them for ascertaining our com- mon Boundary. David Rittenhouse & Andrew Porter, Esquires, are appointed by us Commissioners on the part of this State. I am, with great Regard, Sir, your most obed* serv 1 , JOHN DICKINSON. His Excellency Gov r Clinton. — [Perm. Arch., x, 435. Sec'rys Office, Philad a , April 18th, 1785. Sir, I have to advise you that under the late Act of Assembly for finally determining the Northern Boundary of this State ; David Rittenhouse & And'w Porter, Esquires, have been appointed to execute that service. With much respect I am — Your letter of the 16 th instant, asking for informa- tion in regard to the Survey of the western boundary of New York by Andrew Ellicott in the years 1789 and 1790, has been Boundaries of the State of New York. 317 received and referred to the Department of State, there being no information on the subject on the tiles of this Department. I am, Sir, very respectfully, Your ob't servant, J AS. HARLAN, /Secretary. D. J. Pratt, Esq., Office of Regents of N. Y. University, Albany, iV. Y. Department of State, Washington, March 24, 1866. D. J. Pratt, Esq., Ass 1 . Secretary to the Regents of the University of the State of New York, Albany, J\ T . Y. Sir. — A letter addressed by you, on the 16 th instant, to the Hon. Secretary of the Interior, making inquiry in regard to a report of Andrew Ellicott respecting his Survey of the Western Boundary, made in 1789- ? 90, has been referred to this Depart- ment. On examination, it is found that no copy of that report, either in manuscript or in print, is in possession of this Department. I am your obedient servant, WILL. H. SEWARD. Treasury Department, [Washington] 1-ith September, 1866. Sir: — I have to acknowledge the receipt of your letter of the 12 th Instant, requesting that search should be made among the records of this Department for the report of Andrew Ellicott, U. S. Surveyor General to President Washington, on the Determination of the Western Boundary line of the State of New York during or about the year 1790 ; including also the survey of the "Lake Erie Triangle." In reply, I am instructed by the Secretary to inform you that enquiry was made at the State Department, to which 318 Copies of Documents Relating to tee your previous letter of March last was referred ; and, after another search this morning, it is believed the original return has been found, a copy of which will be transmitted to you from that Department. Very respectfully, J. F. HARTLEY, Asst 1 . Secretary of the Treasury. D. J. Pratt, Esq., Ass 1 . Secretary to the Regents of the University of the State of New York. Department of State, ) Washington, September 14, 1866. ) D. J. Pratt, Esq., Ass 1 . Secretary to the Regents of the University of the State of New York, Albany, N Y. Sir : — Referring to your letter of the 16 th of March last, addressed to the Secretary of the Interior, and by him referred to this Department, making inquiry for a report of Andrew Ellicott respecting a survey of the western boundary of New York, I have now to inform you that a brief report by Mr. Ellicott to President Washington of incidents of that survey, has lately been found ; and supposing that it may be the paper to which your request refers, I herewith transmit to you a copy of it. I am your obedient servant, W. HUNTER, /Second Assistant Secretary. UNITED STATES OF AMERICA. Department of State. To all to whom these presents shall come, Greeting : 1 Certify, That annexed is a true copy of a letter from Andrew Ellicott to President Washington, dated January 15, 1790 ; the original of which is preserved in this Department. Boundaries of the State of New York. 319 In testimony whereof, I, William Hunter, Second Assistant Secretary of State of the United States, have hereunto subscribed my name and caused the seal of the Department of State to be affixed. DONE at the City of Washington, this fourteenth day of September, A. D. 1866, and of the Independence of the United States of America the ninety-first. L. S. W. HUNTER. Philadelphia, Jan y . 15 th , 1790. Sir, I arrived in this City the day before yesterday, after a long and tedious journey from Fort Erie, and have the satis- faction to inform your Excellency that so much of the Survey on which I was employed, that fell within the Territory of his Britanick Majesty is compleated. I find the Geography of the Country about the Lakes very erroneous, too much so to be even a tolerable guide. The south side of Lake Erie is laid down half a degree too far to the South, in the American Atlas published in 1776 ; and said to be corrected by Maf Holland, De Brahm, and others. The same Lake is by Hutch- ins, and McMurry, placed 20 miles too far north ; similar errors attend all that country thro' which I passed A corrected Chart of the west end of Lake Ontario, the Strait of Niagara, and part of Lake Erie comprehending the whole British settlement of Nassau shall be handed to your Excel- lency as soon as I come to New-York. From certain data, which cannot be materially defective, the Sale of Lands made by the United States to the State of Pennsylvania will not neat less than thirteen thousand pounds specie to the Union, rating Certificates at £ to the pound. On my arrival at the Garrison of Niagara on the 21 st day of October last, I was introduced by the Officer of the day, in company with Gen. Chapen of Massachusetts, and Mr. Joseph Ellicott of Baltimore, to the Commandant Lieu'. Col. Ilarriss. After the introduction I produced my Commission, which the 320 Copies of Documents Relating to the Col. looked over ; and then addressed himself to me in the following words. — " Pray Sir what request have you to make from this paper?" (meaning the Commission.) To which I replied, " In order to execute the duties of my appointment it will be necessary to go into the Territory of his Britanick Majesty ; but as you may not be authorized to grant such permission, an express has been sent on by our Secretary of foreign affairs to his Excellency Lord Dorchester Governor of Canada, to obtain this privilege; and if the express has not yet arrived, my present request is only that myself and party may have the liberty of staying in the Country, with such privileges as are allowed to other gentlemen from the United States, and wait his arrival." To which the Col. replied " You cannot have permission to stay in this Country. You must leave it Sir." I then informed him that our going away so precipitately must be attended with inconveniency to ourselves, and the present expence of the United States, sacrificed to no purpose; and as I was confident that the express would arrive with the first Vessel, and from a desire to have the business executed with all possible dispatch, I should not be very punctilious about the privileges ; but would willingly be confined to one single Acre of Ground, or any other space, and under any restrictions, which he himself should prescribe : to which he replied, " Your request cannot be granted Sir, you must leave this Country, and that with expedition." I then informed him, that myself, and companions were much fatigued with a long and painful journey, and our Horses broken down with hard duty and the want of food ; and that our return home might be marked with some degree of certainty, I requested the privilege of continuing some few days in the country to refresh ourselves and recruit our horses. To which he returned ' ; I cannot be answerable for your situation. You are' not to con- tinue in this country, and if you stay any where in it, I shall hear of you, and will take measures accordingly." — I then observed to him that I had some Gentlemen in my party, who were very desirous to view the falls of Niagara, and as this was the only probable opportunity which would ever fall in Boundaries of the State of New York. 321 their way, I requested that their curiosity might he gratified; particularly as the tails were not near any of their posts. To which he answered " Your Gentlemen cannot he gratified, they cannot see the falls, too many people have seen the falls already." I then began to make some ohservations on the common usage of all civilized Nations with regard to matters of Science, and natural curiosities; hut was soon interrupted by the Col. who desired that I " would not multiply words on that subject, 11 that he " was decisive and we must depart. 11 — He then addressed himself to Col. Butler of the Rangers, (who was present), as follows. " Col. it is our Luncheon time, will you go and take a cut with us. 11 Then turning to me he said " You may retire to the Tavern in the Bottom, and purchase such refreshment as you may want; in the meantime (pointing to my Commission which lay on the Table) "I will take a copy of that paper, after which the Adjutant shall return you the original. 11 We were then attended by the Officer of the daj r to the Tavern. — After some consideration I thought it best to make one other request to the Commandant, which was, that myself, and party might have permission to go to the Indian settlement on Buffalo Creek, which is 30 miles from the Garrison, and in the Territory of the United States, and there wait the arrival of the express. This request was handed to Col. Harriss by my companion Gen. Chapen ; but shared the same fate with the others. — Some time after dark the Adjutant waited upon us with the enclosed pass, without which we could neither get out of the Garrison nor pass the Indian Settlements in our own Country. — From the tenor of the pass it appears that the Military jurisdiction of the British Garrison at Niagara is extended to the Jenesseo River; but this in my opinion is more fully confirmed by their general conduct in that quarter. After leaving the garrison, we had five miles to ride to join our party, on our arrival we gave immediate orders to have our Baggage prepared, and every measure taken for an early movement the next morning; but before we had time to leave the ground, a Lieut. Clarke waited upon us, and renewed the orders of the Col., and added 41 322 Copies of Documents Relating to the " that the Commandant desired that our departure might he attended with expedition." — We left the ground about 9 o'clock in the morning, and proceeded to the Jenesseo River, a distance of near 100 miles, where we received Lord Dorchester's per- mission to execute any part of our business, which might fall in the Territory of his Britanick Majesty by an express sent on by Cap*. Guion, who had in the mean time arrived at Niagara from Quebec. — Although our Horses were unable to return, 1 was nevertheless determined to go on with the busi- ness. — We then employed Canoes to carry our Instruments and Baggage down the Jenesseo River to the carrying-place, where we procured a Boat, and returned up Lake Ontario to Niagara. — On our return we were treated with politeness, and attention. We entered immediately upon the execution of our business, which was attended with uncommon difficulty and hardship. — No Horses were to be had in that Country at any price, we were therefore under the necessity of employing a greater number of men than would otherwise have been wanted which has added considerably to the expence. I have the Honor To be with the greatest Esteem your Excellences Hb' Servt. ANDREW ELLICOTT His Excellency George Washington Esq — President of the United States — By John Adolphus Harris Esquire, Lieut Colonel of the 1 st Battallion, 60 th Regiment Commanding Niagara &c &c Permit the Bearers Andrew Ellicott, Joseph Ellicott, Benjamin Ellicott, Jonathan Browns, Isaac Bornet, John Sullivan, Israel Chapen and Frederick Seaton [Sexton,] to pass from hence without delay and by the nearest Route to the Genecies. Boundaries of the State of New York. 323 To all Concerned Given under my hand & Seal at Niagara this Twenty-first day of October 1T89. — JN° ADOLP s . HARRIS (Seal) Lieut: Col . Com ng Upper Posts Payments made for executing the surveys directed by Con- gress in their act of June 6, 1788, and a concurrent resolu- lution passed the 26th day of August, 1789. Dols. Cte. 1790. March 30. To Andrew Ellicott, surveyor — Warrant No. 267 1 > 234 . 78 Aug. 18. To Joseph Howell, junior, agent for Andrew Ellicott, surveyor —Warrant No. 6 16 1 , 200 Dec. 2. To Andrew Ellicott, surveyor — Warrant No. 760 200 1791. Jan. 8. To Andrew Ellicott, surveyor — Warrant No. 820 662 Feb. 1 7. To Caleb Strong, agent for Israel Chapin, for sundry expenses incurred by the said I. Chapin, under Andrew Ellicott — War- rant No. 903 34.32 April 23. To Andrew Ellicott, surveyor — Warrant No. 1032 718 . 75 4,049.85 — \TJ. S. Receipts and Expenditures, 1791, p. 58. Treasury Department, I [Washington], 10 th October, 1866.) Sir. — I have the honor to acknowledge the receipt of your letter of the 18 th ult° in relation to a Report by Andrew Elli- cott on the Survey of the Western Boundary line of the State 324 Copies of Documents Relating to the of New York in 1790 ; and quoting certain payments from a Volume of the U. S. Receipts and Expenditures to the end of the year 1791, made for executing the Surveys directed by Congress in their Act of June 6 th , 1788, and concurrent Reso- lution of the 26 th August, 1789. In reply, I have to state that the letter was referred to the Department of State where the Report in question should be, if in existence ; and the strictest search has been made there both among the manuscript and printed documents, and Presi- dent Washington's Letters to Congress ; and under every conceivable word in all the indices where such a report was likely to be found, but I regret to say without success. The very extensive Library of Col. Peter Force of this City, abounding in scarce and valuable State and United States documents, was searched, with the assistance of Col. Force himself, but with no avail. Col. Force is the Compiler of the American Archives. . Search also has been made in this Department, but unfortu- nately with a like result ; and I am afraid the report is beyond the reach of discovery. Very respectfully, J. F. HARTLEY, Ass 1 . Secretary of the Treasury. D. J. Pkatt, Esq., Ass 1 . Secretary of Regents of University of the State of New York. Buffalo, March 8, 1866. D. J. Pratt, Esq. : Dear Sir. — I cannot say where the original survey you ask for can be found. I think it was made by Joseph Elicott under the supervision, perhaps, of his brother Andrew. It is known to have been made as follows : They went to the head of Lake Ontario, ascertained the longitude of the starting point, and commenced a traverse of the shore of that lake and run to the Niagara river ; thence alono- the west shore of that river to near the upper end, Boundaries of the State of New York. :]2~> crossed over at Black Rock, and thence followed the southeast shore of Lake Erie to the same degree of longitude at which they started, and thence south on that longitudinal line to the Pennsylvania line. As all the surveys and maps of the Holland Company's tract are deposited in the office of the Secretary of State, this survey may be found there. If Andrew Elicott made a report of the survey, that is probably in Washington. * * * I will endeavor to find a copy of the survey ; and if I do, I will send it to you. Respectfully yours, W. A. BIRD. Washington, 28 April, 1866. Dear Sir : In reply to your favor of the 20 th which I find on my return after a few weeks absence — I believe the papers you desire are in the possession of the family of the late Prof. Douglass, whose widow is now, I believe, at Batavia, N. Y. I have only a letter or two written during the service to which you allude, of which copy is at your service if desired. And w . Ellicott always preserved remarkably full notes of all his services and such must be in the hands of the Douglass family. Mrs. D. was his daughter. I have written to a son of his now (in the army) at Columbus, asking whether he can give me any information on the subject of your letter, and when I have heard from him you shall be further advised. And w Ellicott was my grandfather. Very respectfully, JOS. C. G. KENNEDY. D. J. Pratt, Esq., Albany, N~. Y. Geneva, N. Y., Sept. 29, 1866. Dear Sir : I cannot direct you to the report of Andrew Ellicott referred to in your note of the 26 th Inst. 326 Copies of Documents Relating to the Rev d Malcolm Douglas of Windsor Vt. was here this week and informed me that he had recently visited John H. M c Allister, Optician, Chesnut Street, Philadelphia, & found him in possession of valuable papers of the late Andrew Ellicott, & thinks that gentleman may be able to give you the desired information. Yery Respectfully, CHARLES B. STUART. D. J. Pratt, Esq., Asst. Secretary, &c, c&c. Philad a , Oct. 9, 1866. My dear Sir: I have been indisposed for some days, which has prevented me from replying promptly to yours of 2 nd . I have no manuscripts of Ellicott's, but I am under the impression that our Historical Society had some letters written by Andrew Ellicott and probably relating to the subject of your inquiry. I am sorry to say that owing to the thoughtlessness of a former librarian, access to our Archives was granted to ven- ders & dealers in autographs, who appropriated to their own use many valuable documents & possibly among them Ellicott's letters. I shall request our Librarian to make search among our Archives. Our manuscripts have never been arranged. Was the report you refer to printed ? I have written to the venerable Sam'l Hazard who edited the " Archives " & who had access to all the papers belonging to the State deposited at Harrisburg for information & will advise you as soon as I hear from him. If I can be of any service to you in this or any other matter do not hesitate to call upon me. Yours, &c, JNO. A. M C ALLISTER. D. J. Pratt, Esq., Ass. Sec'y, Albany, N. Y. Boundaries of the State of New York. 327 Philad a , Oct. 14, 1866. My dear Sir : * * * * I have a few lines to-day from Mr. Hazard. He writes under date of 11 th . — " The Regents of the University refer to " a report and survey of New York in 1790 or 1791 ; as these " dates are beyond those of the Archives, I cannot speak with " much certainty concerning them, nor do I recollect of having " seen either. There were a number of Maps or Surveys in a " drawer in a room between the Secretary's & Clerks which I " looked over, but do not recollect now what they were, per- " haps that to which you refer may be among them." •* * * * I am under the impression that some of the papers of Andrew Ellicott were in the possession of the late Peter S. Du Ponceau, for many years President of the American Philo- sophical Society. Mr. D. died in this city in 1841 — his papers became the property of his son-in-law Garesche, and after his decease passed into the hands of a daughter of the latter, who contrary to my urgent wishes, sold the greater part of them to a rag dealer. I managed to secure a few of them, & Mr. Kline our Autograph dealer also some. Mr. D. was a great collector of Maps, Surveys & other documents relating to lands in your State. His position as Secretary to Mr. Living- ston, & as an attorney for foreigners residing here or abroad, gave him an opportunity for gathering together material of that character. Mr. D. may have presented some of these matters to the " American Philosophical Society." I shall inquire of the Curator. Tt is possible that the Journal may be in the Phila da Library — the title may not appear in the Catalogue, as many additions have been made to the Library since the last edition. I shall see Mr. Smith the Librarian. * # * * Yours, &c, JNO. A. M C ALLISTER. D. J. Pratt, Esq., Asst. Sec'y Regents of the University, Albany, N. Y. 328 Copies of Documents Relating to the Geneva, N. Y., October 13, 1866. Dear Sir : * # * * I wrote the Biography of Andrew Ellicott several years ago, maiiily from data obtained from the late Major D. B. Douglas, Gen 1 . J. G. Swift & Dr. Hale President of Hobart College, who were near neighbors at the time. I have no recollection of seeing the Report 1 you allude to, but believe it authentic, & will endeavor to find my original memorandum on my return next month. * * * * Respectfully Yours, CHARLES B. STUART. D. J. Pratt, Esq., Albany, N. Y. Buffalo, JarCy 30, 1867. Dear Sir : I received from Judge Peacock a few days ago, the enclosed manuscript account of his recollections, &c, of the survey of the western boundary of this State. Although it sheds no new light upon the subject, it may be interesting to you as the production of an octogenarian. * •* * I have had diligent search made among the Massachusetts records in Boston, without success, for the survey we are seeking. Yours very truly, O.'H. MARSHALL. S. B. Woolworth, Esqr. Further fruitless correspondence was had, on the subject of Andrew Ellicott's missing report, with Mrs. Professor Doug- lass, of Batavia, Rev. Malcolm Douglass, of Windsor, Yt., and Andrew E. Douglass, of New Haven, Conn. ; George AV. Holley, of Niagara Falls (having access to the papers of Gen. 1 See Mr. Stuart's own allusion to the report, in the extract from the Biography of Andrew Ellicott, on page 308, ante, as though that report were an accessible document. — [P. Boundaries of the State of New York. 329 Porter's family) ; Oliver Phelps, of Canandaigua (grandson of the partner of Nathaniel Gorhani) ; J. Y. H. Clark, of Man- ilas; Isaiah Golding, of Marvin, Chau. Co.; Hon. Elial T. Foote, of New Haven, Conn. ; John Reynolds, of Meadville, Pa. ; and Librarian George II. Moore, of the N. Y. Historical Society, each of whom kindly replied to the inquiry made, without being able to give the information desired. An Act to authorize the Governor to eompleat the purchase of a certain tract of land, lying between Lake Erie and the northern boundary of this Commonwealth. Whereas, An agreement has heretofore been entered into between the United States and this State, respecting the pur- chase of a certain tract of land, the property of the said United States lying between Lake Erie and the northern boundary of Pennsylvania, and the extent and value of the said tract of land being now ascertained, it is proper to make provision for carrying the said agreement into effect : Sect. 1. Be it enacted by the Senate & House of Repre- sentatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted hy the authority of the same, That the Governor shall be and he hereby is authorized and empowered, upon the part of this commonwealth, to do, execute and perform, all matters and things whatsoever, which shall be necessary for compleating the purchase of the said tract of land, according to the terms, stipulations and con- ditions of the agreement heretofore made and entered into, as aforesaid, between the United States and this State, and there- upon to talce and receive from the said United States, or any person or persons by them in that behalf duly authorised, a good and sufficient conveyance and assurance, in fee, simple of the said tract of land, in the name and for the use of this Commonwealth. Approved April the thirteenth, 1791. — [Penn. Arch., xii., 89; Dallas' Laws, iii, 75, 76. 42 330 Copies of Documents Relating to the Gov. Mifflin to Aletfr Hamilton, Sec'y of Treasury of the United States. Sir. On the twenty-eighth of Aug. 1T88 the late Board of Treas'y of the United States, under a resolution of Congres, accepted the proposals which were made to them on the seventh of July preceding, by the Delegates in Congress from Pennsylvania, on behalf of this State, for the purchase of a tract of Land. * * * As I understand that the Quantity of Land contained in the above mentioned tract, has been ascertained, by actual survey, it is proper to inform you, that I am ready on the part of Pennsylvania, to comply with the terms of the Contract. # * # * THOMAS MIFFLIN. Philad'a 5th May, 1791. — \Penn. Arch., xii, 90. Governor Mifflin to Comptroller General Nicholson. Sir, I have directed the Secretary to deliver to you, the various documents, respecting the contract between the United States and Pennsylvania for the purchase of a Tract of Land on Lake Erie ; from which, and from the Survey of the Tract, deposited in the office of the Secretary of the Treasury ; you will be pleased to state and adjust, with the Auditor and Comptroller General of the United States, an account of the sum, either in Public securities or in specie, which will be necessary to discharge the consideration money, according to the terms, stipulations and conditions of the agreement ; and report the same to me with all convenient dispatch." I am, Sir, Your Most Obedient Servant, THOMAS MIFFLIN". Phil'a, 11th June, 1791. — [Penn. Arch., xii, 90, 91. Boundaries of the State of New York. 331 Comptroller John Nicholson to Gov. Mifflin. Sir, Shortly after I was honored with your directions respecting the Account of Lake Erie purchase ; I obtained the quantity from the Return in the Office of the Secretary of the Treasury, and made out and exhibited an Acct. thereof to the Auditor's Office. The vacancy therein, prevented anything being done therewith — Until a few days past, when upon the Secretary's suggestion from you, that they were ready at the Treasury of the United States to proceed thereon, I called there, and it was determined that the papers should be sent to the Comptr's. Office that the matter might be settled without the help of an Auditor. * * * Your most Obd. Servant JNO. NICHOLSON. Compt. Genl's Office, Aug. 16, 1791. — [Penn. Arch., xii, 93, 94. U. S. Secretary of Treasury to Gov. Mifflin. Treasury Department, Aug. 22, 1791. The Secretary of the Treasury presents his respects to the Governor of Pennsylvania, and has the honor to inform him that the vacancy in the office of Auditor, is no impediment to the adjustment of the affair of the lands with the Common- wealth of Pennsylvania. The only source of delay is a differ- ence of opinion, concerning the Certificates in which payment is to be made ; the Comptroller of the Treasury insisting that it ought to be in such certificates as bore interest at the time of the contract, and the Comptroller General of Pennsylvania offering the funded three per Cents in payment. * — \_Penn. Arch., xii, 94. Letters Patent from the United States. In the Name of the United States, to all to whom these presents shall come. WHEREAS, by an act of Congress, intituled " An act for carrying into effect a contract between the United States and the 332 Copies of Documents Relating to the State of Pennsylvania," it was provided, that for duly con- veying to the said State a certain "tract of land, the right to the government and jurisdiction whereof was relinquished to the said State, by a resolution of Congress, of the fourth day of September, in the year one thousand seven hundred and eighty-eight, and whereof the right of soil has been sold, by virtue of a previous resolution of Congress, of the sixth day of J une, in the said year, the President of the United States be authorized, on fulfilment of the terms stipulated on the part of the said State, to issue letters patent, in the name, and under the seal of the United States, granting and conveying to the said State forever, the said tract of land, as the same was ascertained by a survey made in pursuance of the resolu- tion, of Congress, of the sixth of June, one thousand seven hundred and eighty-eight. NOW KNOW YE, that inasmuch as it appears by a certifi- cate from the Comptroller of the Treasury, that the terms stipulated on the part of the said State concerning the tract of land aforesaid, have been fulfilled, according to the true intent and meaning of the said contract. I do by these presents, in pursuance of the above recited act of Congress, grant and convey to the said State of Pennsylvania, forever, the said tract of land, as the same was ascertained by the survey afore- said, a copy whereof is hereunto annexed. In Testimony whereof, I have caused these letters to be made patent, and have hereunto subscribed my name and caused the seal of the United States to be affixed, at Philadelphia, this third [L. S.] day of March, in the Year of our Lord, one thousand seven hundred and ninety-two, and of the Independence of the United States of America the sixteenth. G° WASHINGTON. By the President, TH. JEFFERSON. — \Penn, Arch., xii, 103, 104. Boundaries of the State of New York. 333 Indian Deed. Know all men by these presents that we the undersigned Chiefs, Wariors Albany, March 10, 1866. ) To Hon. Lyman Tremain, Speaker of the Assembly : Sir. — I have the honor to communicate, through you, to the Legislature, the report of Dr. Peters, director of the Hamilton College Observatory, on the longitude of the western boundary of the State, made under the direction of the Regents of the University, by authority of chapter 781 of the Laws of 1857, and chapter 328 of the Laws of 1858. By the same authority the longitude of the following places has heretofore been determined : Dudley Observatory, Hamilton College Observatory, Syra- cuse, Elmira, Buffalo, Ogdensburgh. These determinations, made with the highest scientific accuracy, correct serious errors in existing maps, and will render direct and essential aid in constructing an accurate topographical map of the State, the importance of which has long been felt. The means placed at the disposal of the Regents for longitude purposes are now exhausted. There are other points whose position it is important to determine, and it is respectfully submitted to the Legislature that a further appropriation for this purpose should be made. •J : 36 Copies of Documents Relating to the Though the laws above referred to only directed that longi- tudes should be determined, the Regents have also had the corresponding latitudes ascertained ; and in the case of the western boundary, which is a meridian or line of longitude, they fixed on the first monument of that line, near the shore of Lake Erie, as the point of latitude to be determined. Dr. Peters, in his report, states that he found this monu- ment in a very dilapidated condition, and that " such are the encroachments of the lake on the shore near which it stands, that the site of the stone will soon become a prey to the waves, and it seems desirable that a new and durable monu- ment, more inland, should be erected to mark the partition between the two great States." So important a monument should be replaced only by the united action of the States whose boundary it marks. It is, therefore, respectfully recom- mended by this board, that the Legislature, by joint resolution or otherwise, direct that arrangements be made with the authorities of Pennsylvania for the renewal of the monument. * -k * * Respectfully submitted, By order of the Regents, JOHN V. L. PRIJYN, Chancellor of the University. * * * * In recapitulating, the final result for the position of the [original] boundary monument near the shore of Lake Erie is therefore : Latitude 42° 16' 2".8 North. Longitude 79° 45' 54". 4 in arc, Ln- , , n . -, ' V West of Greenwich. =5 h 19 m 3 S .63 in time, j This important monument is now in a very bad condition. What remains of it consists of a slab four inches thick, two feet in length and reaching about one foot above the ground, with its longer faces placed parallel to the meridian (s. sketch on Plate I). The upper portion, which once contained the Boundaries of the State of New York. 337 inscription, is evidently cut off by wilful destruction. But a greater danger even is threatening these remnants by the inroad of the lake. Squire Mann, who formerly owned the adjacent lot, and to whom I am indebted for much valuable information about the locality, stated that within his recollection the dis- tance from the stone to the edge of the bluff, upon which it stands, was several rods, while now it is only seven feet. It must be expected therefore, that within a few years the site of the stone will become a prey of the waves, and it seems desirable that a new and durable monument, more inland, be erected to mark the partition between the two great States. I remain, with great respect, yours, very obedient, C. H. F. PETEES, Director of Observatory. Hamilton College Observatory, February^ 1866. — [Assembly Dog's of 1866, vii, No. 191 (incomplete) ; 1867, xii, No. 239, pp. 411, 412, 422. STATE OF NEW YOEK. In Assembly, Albany, April 11, 1866. Resolved, (If the Senate concur), That in conformity with the recommendation of the Regents of the University in their report on the longitude of the western boundary of the State, submitted to the Legislature at the present session, that the said Regents be authorized to make such arrangements as may be found desirable, with the authority of Pennsylvania, for renewing and replacing the monument near Lake Erie, on the said western boundary line. By order of the Assembly. J. B. CUSHMAN, Clerk. 43 338 Copies of Documents Relating to the In Senate, April 16, 1866. Passed without amendment. By order of the Senate. JAS. TERWILLIGER, Clerk. The preliminary correspondence with the Governor and the Legislature of Pennsylvania on this subject, will be found in the Perm. Legislative Documents for 1867, vol. i, pp. 945- 948, and the Penn. Senate Journal for March 28, 1867, pp. 812, 813. An appropriation of " two hundred dollars, or so much thereof as may be necessary," to the surveyor general for erecting a more durable monument, further inland, was made by the Laws of Penn. for 1867, J¥o. 1, Section 75. On conferring with the Surveyor General of Penn., it was agreed that the Regents should take measures to procure the monument, and a contract was executed on the first day of May, 1869, with Messrs. Williams, Spelman & Co., of Albany, to furnish a block of Quincy granite, eight feet long, two feet wide and eight inches thick, properly dressed and inscribed, and to erect it at the point on the "Western boundary line to be designated, for the sum of four hundred dollars ; which contract was duly executed. STATE OF PENNSYLVANIA. Surveyor-General's Office, ) Harrisburg, Sept. 13, 1869. ) Hon. John V. L. Pruyn, Chancellor University of the State of New York : Sir. — I am instructed by Genl. J. M. Campbell, Surveyor- General of Penn a . to say that if he is unable to meet you at State Line Station on the 15 th inst., the bearer William Evans, Boundaries of the State of New York. 339 Esquire, a Surveyor of this Office will represent him in rela- tion to the erection of the monument on the State line near the shore of Lake Erie. M r . Evans takes with him the amount of money appropriated by the 75 th Section of the Act of 11 th April 1867 of Penn a . towards defraying the expences of procuring & erecting the monument referred to, (two hun- dred dollars) which he is instructed to pay over to you or other authorized party representing the State of New York. I have the honor to be, Sir, Very respectfully, Your obedient Servant, ROBT. A. M c COY. UNIVERSITY OF THE STATE OF NEW YORK: Office of the Regents, ) Albany, January 14:th, 1870. \ * * -x * The Chancellor, from the select committee on Boundaries, stated that the initial monument on the shore of Lake Eric was replaced with appropriate ceremonies by the designated authorities of this State and of the State of Pennsylvania, on the 15th of September last, and submitted a copy of the memorandum of proceedings had at that time, and which is in the words following, to wit : STATE OF NEW YORK: — STATE OF PENN- SYLVANIA, State Line, September 15th, 1869. The undersigned, duly authorized for that purpose by their respective States, do hereby certify, that on the day above named, they attended at the monument placed on the margin of lake Erie, which marks the boundary line between the said States, and witnessed the erection of a new monument in place of the original monument now dilapidated, at a point distant four hundred and forty feet due south from the original monu- 340 Copies of Documents Relating to the ment ; which new monument is of Quincy granite, about two feet wide and about eight inches in thickness, and has on the east and west faces thereof a copy of the inscription on the corresponding faces of the original monument as stated in the archives of the two States, and on the north and south faces thereof the following inscriptions respectively : (North face.) 1869. LATITUDE OF THIS STONE, 42° 15' 57" 9. LONGITUDE, 79° 45' 54" 4. VARIATION, 2° 35' w. (South face.) 1869. Erected by the States of New York and Pennsylvania, 440 feet south of a monument now dilapidated, on which were the inscriptions on the east and west faces of this monument. That the said new monument was placed in all respects to our satisfaction, and at the joint expense of the said two States, as authorized by their respective Legislatures. In witness whereof we have set our names to duplicate copies hereof at the State line aforesaid, on the day and year first above mentioned. On the part of the State of Pennsylvania : WILLIAM EVANS, For J. M. CAMPBELL, Survey or -General of Pennsylvania. On the part of the State of New York : JOHN V. L. PRUYN, Chancellor of University. GEO. R. PERKINS, Com. of the Regents. S. B. WOOLWORTH, Secretary of the Regents. GEO. W. PATTERSON. — {Regents Minutes (printed), iii, 22, 23 ; 84^ Regent^ Report, 1871, pp. x, xi. BoL'XDARIES OF THE STATE OF NEW YORK. 341 The following is a copy of the inscriptions on the original monument, which seem to have been heretofore preserved only in the Pennsylvania Archives, and a reprint therefrom in N. Y. Assembly Dogs, of 1867, vol. xii,£?. 420, 421. [On the east side :] MERIDIAN OF THE WEST END OF LAKE ONTARIO STATE OF NEW YORK. 18 MILES AND 52.5 CHAINS FROM THE NORTH BOUNDARY OF PENNSYLVANIA, AUGUST 23 d , 1790. \_Penn. Arch., xi, Map facing page 104 [On the west side :] TERRITORY ANNEXED TO THE STATE OF PENNSYLVANIA, NORTH LATITUDE 42° 16' 13" VARIATION 25 WEST. UNIVERSITY OF THE STATE OF NEW YORK: Office of the Regents, Albany, Sept. 30, 1869. To the Supervisors of County : The Regents of the University have been charged by the Legislature with the duty of inquiring into the condition of the monuments on the boundary lines of the State. They have recently, in co-operation with the authorities of Pennsyl- vania, replaced the original initial monument near Lake Erie, on the western boundary, by a substantial granite monument. In the further discharge of the duty assigned them, the Regents respectfully ask the aid and co-operation of your Board. The subject appeals specially to the interests of the counties on the line, of such boundaries, and the Regents presume that the Supervisors of the towns adjoining the lines, will be able to furnish important information on the subject. 342 Copies of Documents Relating to the [For Counties east of Delaware [Tor Counties west of Delaware River.] River.] Milestones were placed on Milestones (or posts) were the southern boundary line of placed on the southern bound- the State, of which the south- ary line of the State, of which ern boundary of your county is the southern boundary of your a part, in connection with the county is a part, in connection original survey, and were nura- with the original survey, and bered from the Hudson river were numbered from the Del- westward, to the Delaware, a ware river westward, the 90th distance of forty-eight miles. stone standing on the western side of the south branch of the Tioga river, and the 225th near the south-western corner of the State. The Regents desire information on the following points : 1. The condition of the milestones (or posts) on the line of your county ; their distances respectively from the nearest highway ; and whether they are easily accessible. 2. "Whether any of these milestones need to be renewed ; and, if so, whether stone of durable quality can be procured in the vicinity, and at what price. 3. Whether any conflict of jurisdiction, or of title to land, has arisen from uncertainty in regard to such boundary line. 4. Information on any other points bearing upon the sub- ject, which may be deemed important. The Regents purpose to communicate to the Legislature at its next session, such facts as the}' may be able to collect, and they therefore respectfully ask the action of your honorable Board at an early day. It is expected that the authorities of Pennsylvania will co-operate with those of New York in restoring dilapidated milestones. Several copies of this circular are herewith enclosed, for the use of the supervisors of towns bordering on the State bound- ary line. By order of the Regents, S. B. WOOLWORTH, Secretary. Boundaries of the State of New York. 343 t Board of Supervisors, Orange County, Goshen, Orange Co., N. Y., November 15, 1869. S. B. Woolworth, Esq. : Dear Sir. — Your circular letter of Sept. 30, 1869, was just read by the Clerk to this Board in reference to milestones between towns of this County and the State of New Jersey. No action has been taken in the matter, and I doubt whether there will be unless the expense is sustained by the University or the State. My town ("Warwick) borders on N. J. more than all others. It is, much of the distance, through a moun- tainous region and will take several days to traverse the route. Please answer whether you think a Committee should be appointed and by whom the expense will be sustained. Yery truly yours, JOHN BURT, Board of Supervisors, Goshen, N~. Y. Mount Hope, Orange Co., Dec r 25, 1871. S. B. "Woolworth, Secretary Board of Regents N. Y. S. University. Dear Sir, Acting as Clerk of the Board of Supervisors of Orange county at their late Annual Meeting, I happened to notice your circular of Sept. 30, 1869 and annexed letter dated Nov. 8, 1871, inquiring into the condition of the monuments or mile stones placed upon the Southern boundary of the State from the Delaware to Hudson rivers. There was a committee appointed by the Board in 1869, to examine and report ; but there the matter ended, as the Com- mittee has not reported, or, so far as I can learn, taken any trouble to examine. At the late session of the Board I made inquiry of the Supervisors of the Towns of Monroe, "Warwick, Minisink, Greenville and Deerpark, and they all stated that their knowl- 344 Copies of Documents Relating to the edge as to the condition of the mile stones on said line was quite limited, and they could give me little or no information. Since the adjournment of the Board, I have made inquiry of one of my neighbors who formerly resided along said boundary line in the State of New Jersey, adjoining the Town of Greenville. He tells me that he had, within a few years, seen four or five of the monuments in question, and that one of them was upon the farm he occupied. That they were all in a good state of preservation and carefully protected where located upon cleared ground, and he presumes that they are in similar condition throughout. It did not occur to me to inquire as to what material or kind of stone had been used. If they are of what is called " Freestone " and were erected at the time the line was located, the action of the elements must have had some effect upon them. My informant stated' that so far as he had knowledge, the line was well known and he knew of no disputes of title or conflicts of jurisdiction by reason of any uncertainty as to the location of the line. Any further or more certain information which I may receive will be cheerfully communicated. I have the honor to be, Sir, Very resp'y yours, C. S. WOODWARD, Cleric of the Board of Supervisors* Orange Co. The following is a copy of the resolution of the Board of , Supervisors, of Nov. 30, 1869, above referred to : Resolved, That a committee of five be appointed to carry out the recommendation of the Regents of the University in reference to mile stones between the various towns of this county bordering on the State of New Jersey ; and report to this Board the information called for in the circular letter of Boundaries of the State of New York. 345 the Secretary of said Regents, under date of September 30, 1869, and read to this Board at the beginning of the present session. The Chairman appointed as such committee Messrs. Burt, Brodhead, Case, Durland and Shuit. LlNDLEY, STEDBEN Co., N. Y., Feb. 21* 1870. S. B. "WOOLWORTH, Secretary University State of New York. In compliance with a resolution of the Board of Supervisors of this County, passed last December, I herewith give infor- mation in regard to the condition, &c, of the mile stone monuments in the Southern boundary of this town — being the boundary line between the State of Pennsylvania and this State. The milestones are in a dilapidated condition and decidedly too small to be kept permanently in place. The size is generally about 16 in. long, and say 6 in diameter. They are easy of access, and all should be replaced with larger and more substantial Stone. There is an abundance of good material for durable monu- ments and easy of access and could be furnished, finished and placed at a reasonable cost. The 89 th mile stone has been moved north about three rods as ascertained by Surveyors adjusting their compasses. There has been no conflict in regard to jurisdiction arising from uncertainty in regard to boundary line. Respectfully, W M . MORE, Supervisor, Lindley, Steuben Go., N. Y. South Troupsburoh, Apr. 20 th , 1870. To the Secretary of the University of New York : Sir, — I make this my report as requested in relation to the mile stones on state line opposite this Town. I commenced 44 346 Copies of Documents Relating to the at the South East Corner of the Town and went to the South west Corner. The Stone in the So. East Corner is No. 107, and in the South West Corner is No. 116. I found them in very good condition, with the exception of two or three. There is one on the Troupscreek road that did stand about forty rods east of where it now stands, on the bank of the Creek and was washed out and placed where it now stands. On the North side is marked 109 m. & 36 chains west, N. Y. On the south 1787, Penns a , Lat. 42. The road is not over ■£ a mile from the line along here. Stone are plenty along the line and can be had for nothing. There is not any dispute in relation to the line opposite this town. I should consider them rather inferior for two such States as N. Y. & Penn. The reason I have not reported before is on account of snow drifts. Any other questions will be readily answered. Yours, &c, JOHN G. LOZIEK, Supervisor of the Town of Troupsburgh. West Union, Steuben Co., N. Y., Jan. Y\ 1870. Office of JV. Y. State Regents : The Board of Supervisors of Steuben county received a cir- cular dated Albany, September 30, 1869, in relation to dilapi- dated mile stones, condition of the monuments on the State boundary line, &c. As this town is on the line and the action of the Board was that an inspection be had and report the same to you, I have the honor to submit the following : I found the mile stones very rude in construction, just a common stone that you would find in the field, stuck one end in the ground about one foot above the same, with N. Y. on one side and Pa. on the other; and some of them had once had the number of miles cut on them, but now they are very BotyjS'DARIES OF THE STATE OF NEW YORK. 347 much dilapidated what remain. Stone suitable for monuments can easily be obtained along through this part of the country at moderate prices. No difficulty has arisen on account of the line to my knowledge. I would recommend that there be new ones erected, &c. With great respect, I remain yours, &c, A. C. BARNEY, Chairman of Supervisors, and Supervisor of West. Union. Town of Woodhull, County of Steuben, State of New York. Hon. S. B. Woolworth : Dear Sir. — In answer to your circular asking for informa- tion of the State line bounding Steuben county on the south, I state, along that part of said line bounding the town of Woodhull on the south, there are two stones in good condition near the middle of the township, easily accessible from the public roads, both on the Hornby tract of land. Stone if needed can be procured without cost. There is no dispute of title arising from uncertainty regarding the location of the line. The town of Woodhull is six miles along the line, about two-thirds being through woods. If the services of a surveyor is needed on the line through this town or county, I respectfully offer mine, as I have been and am now in the business ; satisfactory references of ability can be given if required. I am yours very respectfully, J. S. WARNER, Supervisor of the town of Woodhull. 348 Copies of Documents Relating to thb Office of the Clerk of the Board of Supervisors, "1 Chautauqua County, l Jamestown, N. Y., 25 Jan., 1871. J To the Regents of the University, Albany : Gents. — I herewith send yon field notes, mentioned in the accompanying report. Respectfully yours, E. H. JENNER, Clerk. In Board of Supervisors, ) Chautauqua County, Oct. 14, 1870. ) Mr. Ayers, from the Select Committee appointed by the Board of 1869, to review the monuments on the State line, submitted the following report : The undersigned Committee, to which was referred the duty of superintending the retracing of the State line, adjoining Chautauqua county, for the purpose of ascertaining how many of the old land-marks and monuments remain, indicating the exact locality of said line, and are in condition to be recognized with certainty, respectfully report : That for the purpose aforesaid, we have employed Otis D. Hinckley, Esq., Surveyor, and that under our direction he has completed the said survey and has made his report to us from actual survey and measurement of every mile of said line, which report shows conclusively that many of the old land marks and monuments still remain on the line, sufficient to identify with certainty the line as originally located, on both sides of the county. In consideration of which, your Committee recommend to this Board, the propriety of requesting the State authorities, as soon as practicable, to take such steps as may be necessary for the erection of permanent monuments on said State line, on both the the south and west lines of this county. All of which, together with the report of the Surveyor, and Boundaries of the State of New York. 349 the field notes and explanations accompanying the same, are herewith submitted. H. S. AYEKS, H. G. MITCHELL, Committee. On motion of Mr. Ames, Ordered, That the report of the Committee on State line monuments, be accepted and the Committee be discharged. On motion of Mr. Ayers, Ordered, That the report and field notes, made by O. D. Hinckley, Esq., of the survey of the State line, be placed on file in the office of the County Clerk, and a copy of the same be sent to the Regents of the University at Albany. 1 On motion of Mr. Ayers, Ordered, That our Members of Assembly from this county, and the Senator from this district, be requested to procure an appropriation from the State, to reimburse this county for the expense of making the survey of the State line, as per request of the Regents of the University ; and that the Clerk of this Board be instructed to procure the amount of such expense, and report the same to our members of the Legislature. 2 The following letter relating to monuments on the Massa- chusetts line, was received from the late Professor Albert Hopkins, of Williamstown, Mass : Williams College, Oct. 19, 1869. Dr. Woolworth : My dear Sir. — Your note of enquiry has been lying by me for a few days, but I have not been prepared to answer it till now. 1 The copy received by the Regents (in the fonn of an 18mo. Memoran- dum Book), has been deposited and catalogued in the State Library, undei the title " N. Y. Boundary, Chautauqua Co., 1871." — [ P. Q The sum of three hundred and ninety-six dollars and fifty-five cents was appropriated by Chap. 715 of the Laws of 1871, to reimburse the county of Chautauqua for expenses incurred in making the survey of the State line. ~[P. 350 Copies of Documents Relating to the In the first place there is a monument — a marble pillar or post at the N". W. corner of our State, which, of course, forms a part of your boundary ; south of this, on eminent points, are slabs of slate ; still farther south and near the highest point of the Taconic range is a heap of stones, and still farther south another bound. Originally the woods were cleared off so that one boundary was visible from another. At present these bounds are, I think, rather obscure — difficult to be identified and even found. Should your Regents conclude to repair these boundaries, I would be happy to render them any assistance in my power. Yours very respectfully, A. HOPKINS. The necessity of completing the publication of the N. Y. Legislative Documents for 1873, without further delay, forbids the insertion of additional material in the present report. The concluding part of the work will contain an Index of the whole. Q")