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three white oak trees by the same Rules the Surveyor had marked them, that they could not with any appearance of Reason refuse allowing the same proof as to the others which had no authority but what was giv.n them by Connecticut, they assented to it, but with a condition (as they afterwards explained themselves) that the Boundary of this Province should not upon any consideration extend beyond the end of the line running east north east thirteen mile & sixty four rod. Which they had agreed to be so far the Partition line. And when they could no longer defend their insisting on this condition. then they openly denied tho' in their usual crafty manner all that they had formerly asserted, Viz. That the Surveyors had erected any monuments in the line running east north east thirteen miles & sixty four rod. That is, They denied that the Surveyors had marked a line of Trees along that line or that they had marked any Tree as a monument of the end of it, ev,n that Tree which the Government of Connecticut in a publick act passed the 9th of May last had in such Pompous words established as the most remarkable monument of the whole Survey. The words of that Act are. Which Tree has ever since born the name of the Dukes Tree & is famously known by the sa name & is by the sa survey consider.d stated & esteem.d to be twenty miles from Hudson,s River. All which marks and monuments have been ever since the sa Survey fixing of them Famously known as they are at this day

Who ever looks over that Act will see that the Government of Connecticut had it in view to make the world believe that the Government of New York had a design to reject the former Survey as of no force while they endeavour.d to enforce every part of it by all means possible. And now when the Com's from New York declar.d to the Com's from Connecticut that they were resolv.d to stand by & to be entirely bound by the Survey The ComTMs of Connecticut as positively rejected it. as their Legislature had confirm.d it

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The rejecting of this Survey will be still more unaccountable by looking into the Act of Assembly of that Colony which empowered the sa Com's to meet & agree with us. For in it the Legislature not only declare their being bound by that Survey but say further that in Conscience they ought to be bound by it. Their words are And it is hereby further enacted that whatsoever line shall be ascertain.d & established with monuments erected therein by the sd Com's according to the afors agreement in 1683. & the

Survey that followed thereon as in Conscience it ought to be shall for ever after be and remain the line of Partition between this Colony & the Province of New York. What Strange Procedure may it please your Excell' was this in those Gent" they had no power to conclude anything with us but what should be exactly conformable to that Survey & yet they refus.d our Proposals because they said they were not bound by the Survey.

It is true indeed that they advanced some show of Reason for their setting aside of the Survey (tho' as we have said they were entirely restrain,d by their Commission from doing so) And this was by asserting that the Survey ought to have been perform,d in a different method by which the Partition line running east north east would have been only Ten miles & an half in lenth & they said that this method of theirs was more conformable to the agreement than the method the Sur's & Com's in 1684 used. Let us suppose with them that the Agreement is of more force than the Survey & that by any other method that the line could be made only ten miles & an half in lenth Yet we positively assert that the end of that line of ten miles & an half could not be the place from which the line Paralel to Hudson,s River is to begin according to the agreement For first the agreement expressly says. that this line is to be twelve miles in lenth. In the next place the agreement positively affirms that the line parallel to Hudson's River shall in every place be twenty miles distant from Hudson's River & therefor it cannot begin at a place which by their own Confession as well as by the Survey is little more than seventeen miles from Hudsons River. In the last place if we should grant them. that by any words in the Agreement the lenth of that line might be reduced to ten miles & an half & that the Parallel line to Hudson,s River is to begin at the end of that line Yet the Partition line between the Colonys cannot begin there: for the Agreement has by Express words guarded against any such Interpretation by the following clause.—Only it is provided that in case the line from Byram brook mouth north north west eight miles & the line that is to run twelve miles to the end of the third foremention,d line do diminish or take away land within twenty miles of Hudson,s River that then so much as in land diminished of twenty miles of Hudson,s River thereby shall be added out of Connecticut bounds. And this the ComTMs & Surv's in 1684 understood perfectly well for they say, We did from said trees at eight miles distance run a Parallel to the sound viz East north east twelve miles & still continued sd twelve mile line east north east one mile

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& sixty four rod which then gave us twenty miles from Hudson's River.

We think it will be now plain to your Excellency that the ComTMs of Connecticut had really as little regard to the Agreement as to the Survey and that they did not meet us with real Intention to settle the Partition line between the two Colonys according to either the Agreement or Survey: but that they have acted in this affair without sincerity & and with an Intention to defeat the just & amicable endeavours of this Government in setling these lines by consent, or with design to setle them in such manner as should be injurious to the Crown or to the People of this Province Proprietors of the Soil.

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As we think we have had distinct & cleer apprehensions of the true intent of the agreement between the two Colonys & of the Report of the Com's & Surv's that succeeded that agreement & as we are sure that we acted sincerely according to the Judgement we made of their true meaning, we hope to receive your Excellencys approbation. We likewise believe that if your Excellency shall think it proper to lay before the Governor of Connecticut a State of the Points contraverted by the Commissioners of that Colony the Government of Connecticut will not only disown their Com's in what they have done but likewise readily agree to the Proposals we made Which is humbly Submitted to your Excellency by Your Excellency,s

New York
April 20th

1724

Most Dutyfull &

Obedient Servants

FRA. HARISON

CADWALLADER COLDEN
D PROVOOST

(S.)

Law of Connecticut reappointing Commissioners to ascertain the boundary, Oct. 8, 1724.

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Att a Generall Assembly holdon at New Haven In His Majesties Colony of Connecticutt in New England on the 8th day of October In the Eleventh year of the Reign of Our. Soveraign Lord George of Great Britain &c King Annoq Dom 1724 The Honbe Joseph Talcott Esq'. Governour. of this Colony Representing to this Assembly that His Excellency William Burnett Esq' Governour of the Province of New York did in July Last past Transmitt to the Honble Gurdon Saltonstall Esq then Governour of this Colony An Act of Council held at Fort George in New York June 24th 1724 Wherein it was resolved that in Pursuance of an Act of their Assembly in the fifth year of King George for running and ascertaining the Line of Partition between that Colony and this Together with an Exemplification of that act and His Majesties Approbation thereof Comissioners were appointed in Conjunction with their Surveyour Generall to begin to Run the Line of Partition between that Province and this Colony on the third Tuesday of Aprill next and that notice thereof should be given to this Government in Order to the Appointment of Comissioners and Surveyours by this Government to Act in Conjunction with them

It is Resolved by this Assembly that the Same Commissioners Viz The Honble Jonathan Law, Peter Burr, Samuel Eells, Roger Wolcott Esq or any three of them and John Copp Surveyour lately appointed to Treat at Rye and M'. Edmund Lewiss now added as a Surveyour to assist be appointed and are hereby appointed and authorized as Comissioners and Surveyours on behalf of this Colony at the Time afores viz: On the third Tuesday of Aprill next to Meet with the Gentlemen Comissioners from New York to Treat with Settle Agree. Run Ascertain and fix the Partition Line between the Province of New York and this Colony of Connecticutt from Lyons Point to the Massachusetts Line according to the Agreement made at New York on the 23d day of November 1683, and the Survey made thereupon and after Confirmed by an Act of King William in Council on the

28th day of March 1700, and in the said Line of Partition so Run and Settled to Erect marks and Monuments in the performance whereof the Said Comissioners and Surveyours are to attend the Instructions which the Governor and Council Shall give them and on the Complyance of the Comissioners of New York therewith accordingly and the Lines of Partition Agreeable thereunto being Settled Ascertained and fixed with Suitable marks and Monuments therein shall be and Remain the Dividend Lines between the Two Colonies forever.

A True Copy of Record
Exam'd p' Hez: Wyllys

Secrety

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