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ed in this Second Act as it had been more Openly in their former. This one application is the only ground they have to say that the Government of New York has Refused to Concur with them after many Applications from them.
We shall next answer to their Expostulations on A Paragraph in An Act of this Government Entituled “An Act for running and ascertaining the Lines of Partition and Division betwixt this Colony and the colony of Connecticutt”-which by Mistake they say is in Another Act which Paragraph contains these Remarkable Words which it seems Offend the Colony of Connecticutt,“ And the marks of such part of the Lines of Partition and Division as were by the Surveyors aforesaid then Run Markt out and distinguished are by length of time worn out or by the Contrivance of evil Disposed persons Defaced or altogether taken away." Why do these words Offend the good people of Connecticutt more than the Borderers on New York side; might not these wicked Evil disposed Persons surmised of by our Act have defaced and taken away these Trees in prejudice to Connecticutt as well as in prejudice to New York. We are sorry they impute it to themselves, but seeing they do, we have the more Reason to suspect that such Arts and Contrivances have been used.
Indeed .... the People of this Province did not want Reason to suspect that such wicked Arts, and Contrivances had been practiced by the People of Connecticutt for as we observed before they openly and in an avowed manner broke through the agreement they had so Solemnly made with this Province, and Protected the People that lived .... on this side of those Marked Trees in their Revolt from this Government. Is it then Unreasonable to suspect that at that time they might Deface as much as in their Power, the Memorials of an Agreement which they were Resolved to break through. But suppose there were no Arts or Contrivances used to deface these marks upon the Trees, Yet all men will allow, that Trees by Length of time decay or by other Accidents may be Destroyed, and it being now forty years since Commissioners on both sides Surveyed or Perambulated these Boundarys, The Comm” from New York desired to use a compass and a chain in their Perambulations to discover if the Trees which are now at this Distance of time Supposed to be the same with those mentioned in the Survey that Succeeded the Agreement do agree in the distance and Course, which by the said Survey they are said to have, from other marks, which we willingly allow to be well known, and may be as famous as the Colony of Connecticutt pleases to make them, No honest man can think, that Carrying a compass and a chain over the Land will do more hurt to either Colony or to any private person than walking or rideing will do. But if there hav boen Arts and Contrivances .... The Persons Conscious to themselves of being Guilty have Reason to wish that no such Instruments had been Invented to discover their wicedness, and will do what they can to Prevent their being made use of.
We come now to the Enacting part of their Act which begins in this manner_“That the Agent of this Colony Jeremiah Dummer Esquire do in our name and behalf humbly supplicat our Soveraign Lord King George, that his Majesty would be graciously pleased to order the Government of the said Province of New York that they should Join with us in the runing, stating and fixing the said Parrellel Line according to the true intent and meaning of the said agreement and Survey, that is to say, from the said Tree at the end of the fourth Line Concluded upon in the said agreement marked and known by the name of the "Dukes Tree &c.” which in plain English would run thus, That Mr. Dummer do in our name and behalf .... Supplicat our Sovereign Lord King George (a Prince famous all over the Christian World for his Wisdom and Justice) to Enact that the Government of New York do join with us in fixing the Boundarys of that Province at a certain Tree because we think it advantageous to our Colony, and that the King would declare the Boundarys so to be fixed and Ascertained to be just and Equall According to the Agreement betwixt the two Colonys Confirmed by his Majestys Predecessor, tho. the same be injurious to the said Province, and Inconsistent with the words of the said Agreement and directly contrary to the true Intent and meaning of the same. We do not wonder that where there are so many false premises an absurd conclusion should follow, but we forbear to make such reflections on our Neighbours as will too readily Enter into the heart of every man who Reads this Paragraph. Now let all honest men Judge which of us intend to keep the covenant and Stand by our Agreement the Government of New York or that of Connecticutt.
Connecticutt after this Agreement was Solemnly Sealed and confirmed by them Encouraged the Inhabitants of New York bordering upon the Lines of this Government to Revolt, Received them with open Arms after they had Revolted, and by a Publick Letter of their Governour to the Governour of New York Claim'd them as of Right, the Government of New York at the same time Applyd to the King to have the Agreement approyed and finally ratifyed .... by his Royal Authority, after some years, when the Governm' of New York had Reason to believe from the Complaints of the Borderers presented to the Governour of New York in Council that the Government of Connecticutt again Encroach on the Lands of New York by attempting to Assess and fine the Inhabitants upon the Borders. The Government of New York to put an End to these differences in the most aimaicable and fair manner possible Appoint Commissioners to Join with Comm" to be appointed by that Government and in conjunction with them to review the Old lines and where by length of time they became uncertain or .... were by any Art alterd to Renew them and Refix them in their proper places, and perfect what was formerly left undone declaring what shall be done by their Commissioners in Conjunction with those of Connecticutt shall be finally binding upon the Government, this Amicable and fair Act reduced the Government of Connecticutt to some difficulty.
If they Refuse to appoint Commissioners The World will think that they have no mind to put an Amicable end to these differences they are afraid the Injustice of their Demands and Actions will appear, If they do appoint there is an End put to the hopes they have of Extending their Colony by Encroachments upon his Majestys Province and Enriching some of their Inhabitants at the Expence of the Inhabitants of this Province, they conclude therefor upon a Stratagem which shall have the Appearance of Joining with us but which in Effect shall conclude nothing.
The Government of New York then Endeavours to force them to put a fair and Just End to these Differences by praying that it may be Enacted by the Kings Authority, That if the Government of Connecticutt refuse to appoint and Sufficiently Empower Commissioners Amicably and fairly to put an End to the differences after nine months notice, that then the Commissioners of New York be Empowered by themselves to run and Ascertain the Lines of Partition between this Province and the Colony of Connecticutt.
According to the Agreement between the two Colonys and not otherwise, there are no Explanations of the Agreement in favour of this Province or Restrictions to our Commissioners, but an Open Declaration, That if it shall afterwards appear that our Commissioners have not Observed the true Intent and meaning of the Agreement what they shall have done shall be Void, in..... opposition to which Act of this Government The Government of Connecticutt passed the Act now under our Consideration and how Just and fair it is has Already been shown.
The true Intent of this last Act of the Government of Connecticut We believe is this, they Apprehend and Apprehend Justly that the Act of New York is so just and so fair and Open in the directions given to .... Their Commissioners that the King will readily confirm the same they Resolve therefore likewise to have a Law in Connecticutt by which the Inhabitants of that Colony may under Colour of Law, as much as in their power oppose the Just Effects of the Law of New York, from the whole we conclude that if the Public Acts of both Governments be sent over to the Agent of this Province but more Especially, this last Act of the Colony of Connecticutt to be by him laid before the Lords of Trade and Plantations or Secretary of State as Evidence for the Necessity of Confirming the Act of this Province for runing and Ascertaining the Limits of Partition and Division betwixt this Colony and the Colony of Connecticutt the King will graciously Confirm the same and Repeal this Law of the Colony of Connecticutt, which is designed only to prevent the Justice of our Law.
But to shew that this Province still continues their Disposition Amicablee to end the Differences betwixt this Government and Connecticutt.
We are humbly of Opinion that his Excellency be addressed to send to the Government of Connecticutt a State of the Publick Actions of this Province and of Connecticutt relating to this Affair that they may have all the Information we can give them, and to Assure them that as soon as that Government shall Appoint and Sufficiently Empower Commissioners to run and Ascertain the Limits of Partition and Division between this Province and the Colony of Connecticutt according to the Agreement made in Sixteen hundred and Eighty three and the Survey that followed upon that agreement to Act without any Restrictions to their Commissioners, but as they in their own Consciences shall think their Actions Conformable to that Agreement and
Survey. this Government will Appoint Commissioners Accord-
most obedient humble servants AD PHILIPSE
CADWALLADER COLDEN New York August ye 13th 1723.