Lake, which Country the Five Nations by Treaty with the Governor of this Province at Albany in 1701, surrender'd to the Crown to be protected and defended for them-Mitchel1 in his Map extends their Claim much further Westward, 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 but it is recited and the surrender made thereby confirmed in a Deed dated the 14 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. Oswego on the South side of Lake Ontario was first established by this Colony about 1724, a Garrison of the Kings Troops supported there at the Expence of this Government, and the Jurisdiction of New York actually exercised Westward to Oswego and its Vicinity untill the Commencement of Hostilities in the late War.

His Majesty's Order of the 20 July 1764 confirming the Ancient Limits as granted to the Duke declares "The Western Banks of the River Connecticut, from where it enters "the Province of the Massachusets Bay as far North as the Forty fifth Degree of Northern

John Mitchell, M. D., F. R. S., was a native of England, and was sent to Virginia in the fore part of the 18th century, for the purpose of investigating the Botanical treasures of America; his residence was chiefly at Urbanna, in the county of Middlesex, Vs., a small seaport about 18 miles above the mouth of the Rappahannock. He was a great botanist and seems to have paid particular attention to the hybrid productions. After discovering many new genera and species he returned to England. The following is a list of his works:

Dissertatio brevis de Principiis Botanicorum et Zoologorum deque novo stabiliendo nature rerum congruo; cum Appendice Aliquot generum plantarum recens conditorum et in Virgina observatorum.

The first of these two tracts was dedicated to Sir Hans Sloane, and dated "Virginia 1738;" the second "Nova Plantarum Genera," dedicated to Peter Collinson, and dated 1741. Both were printed in 4to., after the author's death, under the above title, at Nuremberg, in 1769. Rich.

Essay on the causes of the different Colours of People in different climates, 1743. Philosophical Irantactions, XLIIL, 102. Essay on the Preparations and Uses of the Various kinds of Pot Ash. Ibid., XLV., 641.

Letter concerning the Force of Electrical Cohesion. Ibid., LI., 390.

Discovery of the Western Parts of Virginia, 1671, ( Supra, III., 193,) with Remarks. Bibliolheea Americana, 4to., 31.

A Map of the British and French Dominions in North America, with the Roads, Distances, Limit* and Extent of the Settlements. Engraved by Ketchen. Folio. 1766.

This Map was published by Authority, and declared by Smith to be the only authentic one extant at the time. History of New-York, 4to., 136, note.

The Contest in America between Great Britain and France, with its Consequences and Importance; giving an Account of the Views and Designs of the French, with the Interests of Great Britain, and the Situation of the British and French Colonies, in all parts of America: In which A proper Barrier between the two Nations in North America is pointed out, with a Method to prosecute the War, so as to obtain that necessary security for our Colonies. By an Impartial Hand. 8vo., London, 1757.

The Present State of Great Britain and North America, with regard to Agriculture, Population, Trade and Manufactures, impartially considered: Containing a particular Account of the Dearth and Scarcity of the necessaries of life in England; the Want of staple commodities in the Colonies; the Decline of their Trade; Increase of People; and Necessity of Manufactures, as well as of Trade in them hereafter. In which the Causes and Consequences of these growing Evils, and Methods of preventing them, are suggested; the proper Regulations for the Colonies, and the Taxes imposed upon them, are considered Ac. 8vo. London. 1767

Dnring his residence in America, Dr. Mitchell transmitted not only to his countrymen, but also to Linnæus, much valuable information respecting American plants. The great Swedish botsnist viewed him with so much respect that he took care to perpetuate his name, by giving it to an American plant, the Mitchella Repent. Dr. Mitchell's Manuscripts on the Yellow Fever, as it appeared in Virginia in 1742, fell into the hands of Dr. Franklin, by whom they were communicated to Dr. Rush, who made some of the hints which they contained the basis of his practice in that disease, Miller'e Retrotpeet, I., 141, 318; II., 867; Allen. Messrs. Duyckinck Btate in a brief note in their Cyclopedia of American Literature, I., 264, that Dr. Mitchell "died about 1750;" he lived, however, eighteen years longer and died in England in March, 1768. Gentleman's Magazine. — ED.

"Latitude," to be the Boundary Line between the two Provinces of New Hampshire and New York: And if the Agreement lately concluded at Hartford should finally be ratified by the Crown, the Eastern Limits of this Colony where it borders on the Massachusets Province, will extend about Twenty Miles only East from Hudson's River.

Descrfption
Boundary

of

include the Beaver

Without any view to the more Westerly claim of the Five Nations, supposing sing the Colony to the Colony to comprize within its Limits or Jurisdiction, the Country those hunting countrj Nations surrendered to the Crown by the Description of the Beaver Hunting Crown by Treaty Country as before mentioned—The Boundaries of the Province of New York are as follow.

surrender'd to the

with this Province in 1701.

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 established between New York and New Jersey to Delaware River—Thence the River Delaware to the Northeast 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 Streight 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 Champlain, 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 Southwest Corner of the Province of New Hampshire, in the North boundary Line of the Massachusets Bay; and from thence along that Line, (if continued) and the Western limits of the Province of Massachusets Bay, and the Colony of Connecticut.

In the Appendix Number 4, is a Map of the Province of New York according to the preceeding Description of its Boundaries.

Dispute, that may still arise with Mas

spect to the Limits of this Province.

The Boundary of the Province of New York (in respect to the other eachusets Bay, in re- Governments) being established in every part except where it borders to the East on the Massachusets Bay, it was conceived, the late agreement with that Province when ratified by the Crown, would extinguish every Controversy respecting the Limits of New York, the North boundary Line of the Massachusets having in the year 1740 been ascertained by a Royal Decree of the King in Privy Council, in the Contest between that Province and New Hampshire. But the Massachusets Commissaries at the late meeting at Hartford in 1773, declared that they had no authority to settle their North Boundary, which

they considered as undetermined with respect to New York And one of those Gentlemen intimated that they still left open their Western Claim to the South Sea.

Hence two very important Disputes may still arise of great Consequence to the Interests of the Crown, as well as the Property of His Majesty's Subjects of this Colony.

Observations on

the Massachusets

The Massachusets Northern Claim beyond the Line settled between that Province Northern Claim. and New Hampshire, extends North from that Line about Fifty Miles, and from thence Westward to within Twenty Miles East of Hudson's River, and after passing this Province, is commensurate with their Western Claim to the South Sea—The immediate object of their Northern Claim is a Country between Connecticut and Hudson's Rivers about fifty miles in length and about Forty in breadth, and includes not only the greater part of the County of Cumberland, but a large district of the Counties of Albany and Charlotte.—The Lands there in question are wholly appropriated under Grants of this Province of New Hampshire, and the Families settled thereon are not less than Two Thousand, tho' they probably exceed that Number.

The Massachusets Bay long acquiesced in the Royal Decree of 1740, the Line established by that Decision hath actually been run and marked from the South west Corner of New Hampshire Westward, to within about Twenty Miles East of Hudson's River, And the Inhabitants of New York and the Massachusets Bay have deemed that Line to be the utmost Extent of the Massachusets North Boundary, whatever might have been determined as to their Western Limits. And that this was the sense of the General Court of that Province soon after the Treaty of 1767, for settling the Boundary of the two Provinces, appears clearly by their Resolution of the 23d January 1768 in these Words "Resolved that this Court will concede "to and confirm the last proposal made by their Commissioners on the Part of New York at "their late conference, in the words of the Report of the Lords of Trade and Plantations in "May 1757, That a streight Line be drawn Northerly from a point on the Southern Line of the "Massachusets Bay Twenty Miles due East from Hudson's River, to another point Twenty "Miles due East from the said River, on the Line which divides the Province of the Massachusets "Bay from New Hampshire, be the Eastern Boundary of New York."

Nor can any Line more favorable to the Massachusets Colony be hereafter established, without subverting the Principles, and calling in question the justice of the Royal Decree pronounced in 1740 after full hearing of the merits of the Massachusets claim on the Appeal of both parties to the King in Privy Council; and which could it now be effected, must not only prove highly injurious to the Crown in respect to the right of soil, its Quit Rents and Escheats, but be productive of the greatest Disorder and Confusion in that Country.

claim of Massachu

Remarks on the The Province of Massachusets Bay ground their claim Westward to the South sets Bay Westward Sea on the Deed dated 19 March 1621 from the Council of Plimouth to Sir Henry showing a Defect Roswell &c. and their associates.—As also on the Charter or Letters patent of

to the South Sea,

in their Title as a

Corporation and

the propriety of Charles the First dated the 4 March 162f.—The Lands granted are the same in

raising this as an

they prosecute their

objecu^on, should both, being in breadth about sixty miles, and extending as described in these claim 10 » North Instruments "From the Altantic and Western Sea and Ocean on the East part

Boundary beyond

the present time

established between that Province and New Hampshire, or their Western claim to the South Sea.

to the South Sea on the West part."

But the Crown being divested of these Lands by the Grant to the Council of Plimouth in 1620, could not pass them by its Charter of 162$, which had no other Operation than to form the Massachusets Bay into a Province, and to invest the same with powers as a Body Corporate.

-

It became necessary therefore for the Massachusets Bay after they were incorporated, to obtain a conveyance to the Corporation of the Lands granted to Roswell &c. and Associates. —That they obtained such conveyance has not been pretended. If they had, the Crown either became reseized of the Lands of the Corporation by the Judgment in 16S4, which vacated the Letters Patent of 162f, or the property reverted to the Grantees of the Council of Plymouth. Had the Crown been reseized it might have passed the same lands to the Massachusets Province by the present Charter of 1691: But instead of so extensive and unreasonable a Grant of Three Thousand Miles in length, they obtained, it is true, by that Charter a great addition of Territory Eastward, but were confined in their Western Limits, which extend "towards the South Sea as far as the Colonies of Rhode Island, Connecticut and the "Narragansett Country," This Description in strict construction of Law will carry the Massachusets Bay West no further than the Eastern Bounds of Connecticut, and by the most liberal interpretation do not extend their Boundary beyond the West line of Connecticut, then and for some years before determined by Agreement between that Colony and New York, to be upwards of Twenty Miles. East of Hudson's River.

On the other hand admitting the Massachusets Bay after their Charter of 162S|9, and before it was vacated in 1684, did not obtain a Conveyance of the Lands granted to Roswell &c. and Associates, the Judgment which vacated that Charter did not affect the Lands but left the Title in Roswell &c and Associates, and the Crown could not by the Charter of 1691, grant them to the Massachusets Colony; so that the Title, if any exists, must at this day be vested in the heirs or Assigns of Roswell &c and Associates in their private Right, and not in the Government of the Massachusets Bay, unless transferred to or vested in the latter by some Act of their Provincial Legislature, if such an Act could possibly have any Efficacy.

It is however presumed no Law of that Tendency has been passed, and if any should hereafter be presented for His Majesty's approbation, that it will be objected to (so far as it may countenance the Extension of their Northern or Western Claim beyond the Limits of their present Charter) as a measure calculated to divest the Crown of the right of soil in that very large and extensive Territory, which lies Westward of the Colony of New York to Ute South Sea.

This claim had it been considered as well grounded would long since have been prosecuted and brought to a decision. The Massachusets General Court or Assembly assert it in a Resolve they passed on the 23d of January 1768, but whether with an Intention to maintain it, Time must discover.—A claim so long dormant, can hardly be expected under any Circumstance to be now revived with a prospect of success, and whatever Judgment the Assembly of the Massachusets Bay may have formed, certainly their present Governor had no opinion of its solidity, when at the late meeting of the Commissaries of both Provinces at Hartford in 1773 he declared "That it was a mere Ideal, Visionary project, in which he "believed Nobody to be sincere," and discovered an anxiety least it should interrupt the progress of the Treaty.

Question N° 3.

What is the size and extent of the Province, the Number of Acres supposed to be contained therein; What part thereof is cultivated and improved; and under what Title, do the Inhabitants hold their possessions?

ANSWER.

Size and .xtent of the Province

The extent of the Province from North to South is about 300 Statute Miles, Nassau Island (commonly called Long Island) is situated to the South; its length from East to West, is about 150 miles, and its breadth on a Medium about fifteen Miles; The breadth of the Province Northward of this Island is various. From the City of New York North about 20 Miles up the Country, the breadth does not exceed 14 miles, and lies wholly on the East side of Hudson's River, New Jersey being bounded by the opposite shore — From the 41 degree of Latitude the Province extends on both sides of that River; Soon widens to about 60 miles; and increases in breadth up to the 42d Degree, where it is about SO miles wide; supposing the Western Boundary to extend to the Line mentioned in the Answer to the preceeding Question No 2, the Extent from the 42d Degree to the North Line of Massachusets Bay (a distance of 49 miles) is about 456 miles, and from thence to the 45,h Degree, it extends East and West on a Medium about 500 Miles, and on the like supposition the number of Square Miles contained within this Province exclusive of the Lakes is 82.112, or 52,551,6S0 Acres, which is one fourth less than the number contained in the Province of Quebec.

Parts cultivated.

Nassau or Long Island which contains Kings, Queens and Suffolk Counties. Staten Island which forms Richmond County and the Counties of New York, Westchester, Dutchess, Orange and Ulster, are all well inhabited, and not many large Tracts of improveable land are left uncultivated.—The County of Albany tho' the Inhabitants are numerous, and the Lands in general under Cultivation in the South, contains extensive and valuable Tracts unimproved in the North part.—Tryon County, tho' thinly settled, as its extent is great, has many Inhabitants.—The cultivated parts of Charlotte County are inconsiderable, compared with what remain to be settled, and the same may be remarked with respect to the Counties of Cumberland and Gloucester.—In the Appendix is a List of the Inhabitants White and Black in the respective Counties, according to the returns of their number, in 1771, since which they are greatly augmented, but it is to be observed, that the new Counties of Charlotte and Tryon were then part of Albany.

The proportion of the cultivated to the uncultivated parts of the Province (the Limits as stated in N° 2) is as one to four; or one fifth only improved.

Titiee nnder which

With respect to the Titles under which the Inhabitants hold their possessions; i.nda are h.id. Before this Province was granted on 12 March 166 by King Charles the Second to his brother James Duke of York, the Dutch West India Company had seized it, made settlements and issued many Grants of Land.—In August 1664 the Country was surrendered by the Dutch to the English, and by the 3d Article of the Terms of Capitulation it was stipulated "That all People shall continue free Denizens and shall enjoy their Lands, "Houses and goods wheresoever they are within this Country and dispose of them as they "please." Some lands of the Province are held under the old Dutch Grants without any Confirmation of their Titles under the Crown of England, but the ancient Records are replete with Confirmatory Grants, which the Dutch Inhabitants were probably the more solicitous to obtain from an Apprehension that the Dutch conquest of the Province in 1673, might render their Titles under the former Articles of Capitulation precarious; tho' the Country was finally restored to the English by the Treaty signed at Westminster the 9,k Feb* 1674.