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"terest and Welfare of this Country, of which I think I am under the ftrongest Obligations, for the future, to account myself a Countryman. "I look with Pleasure on the prefent Quiet and flourishing State of the People here, whilst I reflect on that in which I found them at my Arrival. As the very Name of Party or Faction feems to be for"gotten, may it for ever lye buried in Oblivion, and no Strife ever happen ૯ amongst you, but that laudable Emulation, who fhall approve himself "the most zealous Servant and most dutiful Subject of the best of Princes, " and moft ufeful Member of a well established and flourishing Community, of which you Gentlemen have given a happy Example, which I hope will be followed by future Affemblies. I mention it to your Ho"nour, and without Ingratitude and Breach of Duty I could do no less.”

Colonel Morris and the new Speaker, were the Authours of the Answer to this Speech, tho' it was figned by all the Members. Whether Mr. Hunter deserved the Elogium they bestowed upon him, I leave the Reader to determine. It is certain that few Plantation Governours have the Honour to carry Home with them fuch a Testimonial as this:

"Sir, when we reflect upon your paft Conduct, your juft, mild, and "tender Administration, it heightens the Concern we have for your Departure, and makes our Grief such as Words cannot truly exprefs. You "have governed well and wifely, like a prudent Magistrate, like an affec"tionate Parent; and wherever you go, and whatever Station the Divine " Providence shall please to affign you, our fincere Defires and Prayers for "the Happiness of you and yours, fhall always attend you.

"We have seen many Governours, and may fee more; and as none of "thofe, who had the Honour to ferve in your Station, were ever so juftly "fixed in the Affections of the Governed, fo thofe to come will acquire no mean Reputation, when it can be faid of them, their Conduct has been "like yours.

"We thankfully accept the Honour you do us, in calling yourself our "Countryman; give us Leave then to defire, that you will not forget this as your Country, and, if you can, make hafte to return to it. "But if the Service of our Sovereign will not admit of what we o earnestly defire, and his Commands deny us that Happiness; permit us "to address you as our Friend, and give us your Affiftance, when we are oppreffed with an Administration the Reverse of yours."

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Colonel

Colonel Hunter departing the Province, the chief Command devolved, the 31st of July, 1719, on Peter Schuyler, Efq; then the eldest Member of the Board of Council. As he had no Interview with the Affembly during his fhort Administration, in which he behaved with great Moderation and Integrity; there is very little observable in his Time, except a Treaty, at Albany, with the Indians, for confirming the ancient League; and the Tranfactions refpecting the Partition Line between this and the Colony of New-Jersey: concerning the latter of which, I fhall now lay before the Reader a very fummary Account.

The two Provinces were originally included in the Grant of King Charles to the Duke of York. New-Jersey was afterwards conveyed by the Duke to Lord Berkley and Sir George Carteret. This again, by a Deed of Partition, was divided into East and West Jersey, the former being released to Sir George Carteret, and the latter to the Affigns of Lord Berkley. The Line of Division extended from Little Egg Harbour to the North Partition Point on Delaware River, and thus both those Tracts became concerned in the Limits of the Province of New-York. The original Rights of Lord Berkley and Sir George Carteret, are vested in two different Sets, confifting each of a great Number of Perfons, known by the general Name of the Proprietors of East and West Jersey, who, tho' they furrendered the Powers of Government to Queen Anne, in the Year 1702, ftill retained their Property in the Soil. These were the Perfons interested against the Claim of NewYork. It is agreed on all Sides, that the Deed to New-Jerfey is to be first fatisfied, out of that great Tract granted to the Duke, and that the Remainder is the Right of New-York. The Proprietors infift upon extending their northern Limits to a Line drawn from the Latitude of 41° 40' on Delaware, to the Latitude of 41°, on Hudson's River; and alledge, that before the Year 1671, the Latitude of 41°, was reputed to be fourteen Miles to the Northward of Tappan Creek, Part of thofe Lands being settled under New-Jersey till 1684. They farther contend, that in 1684 or 1685, Dongan and Lawrie, (the former, Governour of New-York, and the latter, of New-Jersey,) with their respective Councils agreed, that the Latitude on Hudfon's River was at the Mouth of Tappan Creek, and that a Line from thence to the Latitude of 41° 40′ on Delaware fhould be the Boundary Line. In 1686, Robinson, Wells, and Keith, Surveyors of the three fe

*The fame who left the Quakers, and took Orders in the Church of England. Burnet's Hift. of his Own Times.

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veral Provinces, took two Obfervations, and found the Latitude of 41 to be 1' and 25′′ to the Northward of the Yonker's Mills, which is four Miles and forty five Chains to the Southward of the Mouth of Tappan Creek. But against these Obfervations the Proprietors offer fundry Objections, which it is not my Business to enumerate. It is not pretended by any of the Litigants, that a Line according to the Stations fettled by Dongan and Lawrie was actually run; fo that the Limits of these contending Provinces, must long have exifted in the uncertain Conjectures of the Inhabitants of both; and yet the Inconveniencies of this unfettled State, through the Infancy of the Country, were very inconfiderable. In the Year 1701, an Act paffed in New-York, relating to Elections, which annexed Wagachemeck, and great and little Minifink, certain Settlements near Delaware, to Ulfter County. The Intent of this Law was to quiet Disputes before fubfifting between the Inhabitants of those Places, whofe Votes were required both in Orange and Ulfter. The natural Conclufion from hence is, that the Legiflature of New-York then deemed thofe Plantations not included within the New-Jersey Grant.

Such was the State of this Affair till the Year 1717, when Provifion was made by this Province for runing the Line. The fame being done in NewFerfey the fucceeding Year, Commiffions for that Purpose under the great Seals of the refpective Colonies, were iffued in May, 1719. The Commiffioners, by Indenture dated the 25th of July, fixed the North Station Point on the northermost Branch of Delaware, called the Fish-Kill ; and from thence a Random Line was run to Hudson's River, terminating about five Miles to the Northward of the Mouth of Tappan Creek. In Auguft, the Surveyors of Eaft-Jersey met for fixing the Station on Hudfon's River. All the Commiffioners not attending thro' Sickness, nothing further was done. What had already been tranfacted, however, gave a general Alarm to many Perfons interested in several Patents under New-York, who before imagined their Rights extended to the Southward of the Random Line. The New-York Surveyor afterwards declined proceeding in the Work, complaining of Faults in the Inftrument, which had been used in fixing the North Station on Delaware. The Proprietors, on the other Hand, think they have anfwered his Objections, and the Matter refted, without much Contention, till the Year 1740. Frequent Quarrels multiplying after that Period, relating to the Rights of Soil and Jurisdiction Southward of the Line in 1719, a probationary Act was paffed in NewFerfey, in February, 1748, for runing the Line ex parte, if the Province of

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New-York refused to join in the Work. Our Affembly, foon after, directed their Agent, to oppofe the King's Confirmation of that Act; and it was accordingly droped, agreeably to the Advice of the Lords of Trade, -whofe Report of the 18th of July, 1753, on a Matter of fo much Importance, will doubtless be acceptable to the Reader.

"To the KING'S MOST EXCELLENT MAJESTY:

"May it please your Majesty,

"W

E have lately had under our Confideration, an Act passed in your Majefty's Province of New-Jersey in 1747-8, entitled, An "Act for running and afcertaining the Line of Partition and Divifion betwixt "this Province of New-Jerfey, and the Province of New-York.

"And having been attended by Mr. Paris, Solicitor in Behalf of the Proprietors of the Eastern Division of New-Jersey; with Mr. Hume Campbell and Mr. Henley his Counsel in Support of the faid Act; and by "Mr. Charles, Agent for the Province of New-York, with Mr. Forrester " and Mr. Pratt his Counsel against the said Act; and heard what each Party had to offer thereupon; we beg Leave humbly to represent to your Majefty, that the Confiderations which arife upon this Act, are of two Sorts, viz. fuch as relate to the Principles upon which it is founded, " and fuch as relate to the Tranfactions and Circumstances which accompany it.

"As to the first, it is an Act of the Province of New-Jersey interested " in the Determination of the Limits, and in the confequential Advantages to arife from it.

"The Province of New-Jersey, in its diftinct and separate Capacity, "can neither make nor establish Boundaries: it can as little prefcribe Régulations for deciding Differences between itself and other Parties con"cerned in Interest.

"The established Limits of its Jurifdiction and Territory, are fuch as "the Grants under which it claims have affigned. If those Grants are doubtful, and Differences arife upon the Conftructions, or upon the "Matters of them, we humbly apprehend that there are but two Methods "of deciding them: either by the Concurrence of all Parties concerned in "Intereft, or by the regular and legal Forms of judicial Proceedings : "and it appears to us, that the Method of Proceeding must be derived "from the immediate Authority of the Crown itself, fignified by a Com"miffion

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"miffion from your Majefty under the great Seal: the Commiffion of "fubordinate Officers and of derivative Powers being neither competent nor adequate to fuch Purpofes: to judge otherwife would be, as we humbly conceive, to fet up ex parte Determinations and incompetent Ju"rifdictions in the Place. of Juftice and legal Authority.

"If the Act of New-Jersey cannot conclude other Parties, it cannot be "effectual to the Ends proposed; and that it would not be effectual to form an abfolute Decision in this Cafe, the Legislature of that Province "feems fenfible, whilft it endeavours to leave to your Majefty's Determination, the Decifion of one Point relative to this Matter, and of confi""derable Importance to it; which Power your Majesty cannot derive from "them, without their having the Power to establish the Thing itself, with" out the Affiftance of your Majesty.

"As we are of Opinion, that the prefent Act without the Concurrence "of other Parties concerned in Intereft, is unwarrantable and ineffectual; we fhall in the next Place confider what Tranfactions and Proceedings "have paffed, towards obtaining fuch Concurrence.

'

"The Parties interested are your Majefty and the two Provinces of "New-York and New-ferfey. Your Majesty is interested with Refpect to your Sovereignty, Seigneurie, and Property; and the faid Provinces with Refpect to their Government and Jurifdiction.

"With regard to the Tranfactions on the Part of New-York, we beg "Leave to obferve, that whatever Agreements have been made formerly "between the two Provinces for fettling their Boundaries; whatever Acts

of Affembly have paffed, and whatever Commiffions have been iffued by "the refpective Governours and Governments; the Proceedings under "them have never been perfected, the Work remains unfinished, and the

Difputes between the two Provinces fubfift with as much Contradiction "as ever; but there is a Circumftance that appears to us to have still more Weight, namely, that thofe Tranfactions were never properly war"ranted on the Part of the Crown: the Crown never participated in them, " and therefore cannot be bound with Refpect to its Interefts by Proceedings fo authorised.

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"The Interest which your Majesty has in the Determination of this Boundary, may be confidered in three Lights: either as Interefts of Sovereignty, respecting mere Government; of Seigneurie, which refpect Efcheats, and Quitrents; or of Property, as relative to the Soil itself; "which laft Intereft, takes Place in fuch Cafes, where either your Majefty

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