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vided that in case the Line from *Byram Brook mouth North North west Eight Miles and the Line that is then to Run Twelve to the End of the Third forementioned Line of Eight miles Do Diminish or take away Land within Twenty Miles of Hudsons River that then so much as is in Land diminished of Twenty Miles of Hudsons River thereby shall be added out of Conneticut Bounds unto the Line aforementioned Parrallell to Hudsons River and Twenty Miles Distance from it.”—By which they very plainly Confess, that all the Lands within Twenty miles of Hudsons River do of Right belong to the province of New York. And by the Survey which Succeeded that Agreement and was approved of by the Colony of Connecticutt, it was found that the Province of New York lost by the said Agreement Sixty one thousand four hundred and forty Acres of Land within Twenty Miles of Hudsons River so that the Colony of Connecticutt did not suffer by this Agreement but the Province of New York did.
They did not yeild anything of their Right, but the Province of New York was Contented for peace and Quietness to give up Sixty one Thousand four hundred and forty Acres of Land, which Tract of Land is Advantageously Scituated upon the Sound where there are many Harbours and is well water'd with Rivers, and in Leiw of it accepted the Like Quantity at a great distance within Land.
The Colony of Connecticutt in their Act under our Consideration take no notice of this Equivalent (if that can be called an Equivalent which is not one Quarter of the Value) tho the same be by Express words Provided for in the Agreement and the Quantity of Land Computed in the Survey, which succeeded the Agreement and specifyed in what manner it was afterwards to be allowed.
We say they have not only taken no notice of this equivalent, but have by the Act now before us as much as in their power Encleavoured for ever to debar this Province from obtaining it, as appears by the Enacting part of said Act, and the following words in the Recital “ which Eastern End of the said Twelve Miles is in the said Agreement Appointed to be the place from whence a Line parallell to Hudsons River and concluded to be at Twenty Miles distance from it is to be Run as far North as ye South Line of the Massachusetts Province,” which words are In direct Contradiction to the above mentioned proviso, and the Survey which was performed pursuant to the said Agreement
• The same with the famous Byram River in the Act.
where it is said, “ Then finding the Oblong of Twelve Miles East north East and Eight Miles North North west did diminish Sixty one Thousand four hundred and forty Acres from The Twenty Miles upon Hudsons River, Wee added to the above said Twenty Miles upon the East North East Line Three hundred and five rods more to run at the additional breadth Parrallell to Hudsons Riyer, till it meet with the Massachusetts Line which we deemed one hundred distant Miles from our Eight Mile Line." We find likewise the following Paragraph in the Recital of their Act (where at the End of the Thirteen Miles and Sixty four Rod) "A White Oak Tree was marked with the Letters C Rand a crown together with the effigies of his then Royal Highness James Duke of York.” We have carefully examined both the Agreement and the Survey, but cannot find any such Tree mentioned in either of them, there is indeed mention made in the Survey of three White oak Trees marked with C R, at the End of the Eight Mile Line from the Sound, but not a word of any such Tree at the End of the Thirteen Miles Sixty four rod East North East, It is very probable there never was any such Tree marked by the Commissioners or Surveyors for it appears from the survey, that this Province was to extend three hundred five rod beyond the place where this Dukes Tree is supposed to stand, and if such a Tree were by mistake marked, it ought to be neglected as it is in the Certificate of the Survey under the hands of the Commissioners because the bounds of this province do certainly extend beyond it.
We say it appears from that survey that the bounds of this Province were to extend Three hundred five rod beyond the place where this Dukes Tree is supposed to stand upon supposition that the parallell Line to Hudsons River betwixt this Province and Connecticutt be one hundred miles in Length, but if it be shorter as we believe it is not above seventy miles, then a greater Length must be added to the Line East north East thirteen miles and Sixty four Rods to make up Sixty one Thousand four hundred and forty Acres of Land so that the Commissioners could not fix the Limits of either colony till the Length of this parallell Line be known which they confess they did not then know, and therefor that Tree nor. No other Tree in that place could ever be Designed by the Commissioners or Surveyors for the Limits of this Province.
The next paragraph in their act which we shall observe upon is in these words—“And whereas also many applications made by the Government of this Colony to the Government of that Province to obtain their concurrence in Running and Stating the said Parrallell Line have not prevailed to obtain any such concurrence on their part.” We are surprised to find matters of fact of which those who have the Legislative power in that colony cannot be Ignorant so unfairly and untruly represented, they would have the world believe that they have Been Assidous and Earnest for Ascertaining the boundarys betwixt the Two Colonys and that the province of New-York has allways opposed it. · We can name many times when this Government applyed ineffectually to that Government, but we wish they would give us one Instance when they made any application to us that we were not forward to join with them to Compleat the Division Lines According to the Agreement betwixt the Two colonys..
The colony of Connecticut is certainly possesest of the Land which was to be allowed to this Province as an Equivalent of the Sixty One Thousand four hundred and fourty Acres, and we believe of a great deal more, but we know not of one foot in the Actuall possession of any person in this Government, which Connecticut claims, Let the World Judge then who are most Likely to forward the Division Line or Obstruct it. We need not use arguments for proof of this the publick actions of both Colonys Sufficiently Demonstrate it :
In the year sixteen hundred and Ninety seven which was But fourteen years after the said Agreement, the Colony of Connecticutt Encouraged the Towns of Rye and Bedford to Revolt from their Obedience to this Government, and the same Governour that made this Agreement wrote a Letter to the Government of New-York Insisting upon their Right to those Two Towns in direct Breach of the Agreement he himself had so lately and Solemnly Sealed and Confirmed. This Obliged the Government of New York to apply more assiduously for the King's Approbation of the Agreement between the two colonys, and Accordingly obtained the Royal approbation of the same.
In the year Seventeen hundred and Seventeen the Government of New York without any application from that of Connecticutt by An Act Entituled An Act for paying and discharging Several Debts due from this Colony &ca did Enact “ that the sum of seven hundred and fifty ounces of plate should be Issued to Defray that part of the Charge of running the Partition Limits and Boundary between this Colony and the Colony of Connecticutt which will be required for this Colony to pay when the Survey Ascertaining &c Runing of the said Line Limits and Boundarys shall be begun and carryed on by Mutual Consent and agreement of his said Excellency and Council and the Governour and Council of the said Province of Connecticutt, which Line being Run, Ascertained, and Agreed on by the Surveyors and Commissioners of each Colony as aforesaid shall forever thereafter be deemed taken, and be and Remain as the Partition Line Limit and Boundary of this Colony and all Bodys Pollotick and Corporate and all other persons whatsoever within this Province shall be for ever concluded thereby.” .
The Government of New York made application to that of Connecticutt to send Comm" to meet with ours for the end mentioned in this Act and Accordingly in the year One Thousand Seven hundred and Eighteen they met when Communicating their powers to each other, it was found that the Commissioners from Connecticutt had only power “ To joyn with the Gentlemen from New York to Perambulate the Line where it has already been Run and to Consider what methods may be used for the preeceeding with the Dividend Line." And the Commissioners of Connecticutt refusing to have the places Examined through which they said the Line fixed by the Survey, which succeeded the Agreement do run, the Commissioners from New York found that Connecticutt was Artfully Endeavouring, That New York might be bound by the Agreement of their own Commissioners, but Connecticutt only if it were to their advantage, and therefore the Commissioners of New York refused to Act with them, till they were as fully empowered finally to conclude for Connecticutt, as the Commissioners for New York were for their Province and till they Consented to Examin the Lines which had not been Examined or perambulated by Commissioners from both Provinces since the first Setling of them which is now about forty Years, for they Foresaw it would be a fruitless Expence of the publick Money and these are The Difficulties Alledged and Objections raised which Connecticutt Complains of in their Act before us.
This Province.... waited till the Summer of the Year One Thousand seven hundred and Nineteen in hopes the Colony of Connecticutt would fully Empower Commissioners finally to Concinde on the Boundarys between the Two Colonys but that Colony Still Declining to Authorize Commissioners as was desired, It was Enacted by the Government of New York that Commissioners be Empowered “ To Run mark out distinguish & Ascertain the Lines of Partition and Division between this Province and the
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Colony of Connecticutt according to the agreements beforementioned which were approved and Allowed of by the late King William and in no other manner than it was Agreed and Approved of as Aforesaid;" And the said Lines when thus Ascertain'd are by this Act declared to be finally binding on all persons forever, it is there likewise declared to be the Intention and Earnest desire of The Legislature of this Province that the said Lines be not only Run truly and fairly but Amaicably and in conjunction with Conneticutt, and that therefore Notice be given to that Government at least Nine Months before the said Division be begun to be Run that the Commissioners of that Colony may Join with the Commissioners of this, but if that Colony shall not then think fit to send Commissioners Sufficiently Empowered the Commissioners of New York shall Run and Ascertain the Boundarys Exparte, from all which, the World may Judge which of the Governments have made Application in good Earnest to the other, for Effectually Compleating this Work and which of them by unreasonable Objections raised and Difficultys Alledged have Endeavoured as much as in their power to hinder it.
After the passing of this last Act in the Province of New York there was no Application on either side till March Last. This Government waiting for his Majestys Approbation of their last Act, it being Provided by the same that it should not be in force till it Received the Kings Approbation.
In March last the Governour of Connecticutt wrote to the Governour of this Province desiring Commissioners might be sent to Joyn with theirs to compleat the Dividend Line and sent a Copy of a New Act Empowering their Commissioners for that End which is the first and only Application from that Government to this for running the Partition Line between the two colonys that we know of before their sending the Act now under our Consideration, in all Probability there had been no more Application from them at this time than was formerly, If they had not apprehended that there was too much reason for the Kings Approving our Act to run the Line Exparte, if they should Refuse or delay to Join with us after the perusal of this Act Empowering their Commissioners, The Governour by Advice of the Council Answered as had been done before by our Commissioners, that he thought it would be fruitless to send Commissioners before it should be Enacted in Connecticutt as it is in this Province that all persons be Concluded by what shall be finally agreed upon by the Commissioners on both sides, which had been Artfully Avoid