(T.) Report of a committee of the N. Y. Council appointed to prepare instructions for the Commissioners to ascertain the boundary April 8th, 1725. At a Committee of the Council held at the Council Chamber in New York April the 8th 1725. Present Capt Walter Mr Van Dam M' Barberie May it please yo' Excellency M' Harison M' Abram Vanhorn In Obedience to your Excellencys order. in Council of this Day we have agreed upon the following Instructions for the Comm', and Surveyor, appointed for runing the Lines of partition between this Province and the Colony of Connecticut in these words. Whereas by an Act or Resolve of the Assembly of Connecticut the Comm" of that Colony are Restrained and Confined to observe such Instructions as the Gov' and Council of that Province shall give them before you begin to Treat with them You shall Require a copy of their Instructions as well as of their Commission, and if they shall refuse to give such copy or if you shall find that by their Instructions they are directed to settle the boundarys Contrary to the true Intent and meaning of the Articles of Agreement and Survey. You shall not proceed to treat with them, but you shall immediately begin your survey in order to fix the boundarys and Partition Lines between the two Colonys Exparte or by yourselves as you are impowered by your Commission and the Act of the General Assembly of this Province. If you shall find by their Commission and Instructions that they are sufficiently impowered in Conjunction with you to Settle the boundaries and Limitts of Partition between this and that Colony, you shall before you begin the Actual Survey Endeavour to agree and Settle between you and them the manner aud Terms of performing the Survey, and every part of it as near as possible to the true intent and meaning of the articles of Agreement made in the year 1683, between Co" Thomas Dongan Governour of New York and the Council thereof of the one side and Robert Treat Esq Governour of the Colony of Connecticut and other Commission of that Colony on the other side and, of the Report of the Comms and Surveyors of this Province and the Colony of Connecticut which issued thereupon, and was approved of by his Late Majesty King William. And Whereas in the said Agreement a Line Parrallel to Hudson's River in Every place Twenty miles distant from Hudson's River was agreed to be the bounds between the Said Colony with some Provisions as therein are mentioned to Comply Exactly with which Expression may be difficult and Vastly Expensive. Therefore you may agree upon, one or more streight lines nearly to the intention of the said Agreement. You are to take a view and Run the Lines and marks said to be Run and markt by the Comms and Surveyors in the year 1684, pursuant to the said Agreement and if you find sufficient cause to beleive them to be the very Lines run and markt by the said CommTM and Surveyors you are to agree to them and cause them to be of new distinguished and markt. In case the Comms of Connecticut upon your meeting with them do absolutely refuse to view and Run the Lines Run in 1684 and insist to continue the work from a Tree, which they pretend is the Tree fix.d by the Surveyors in 1684 as Twenty miles from Hudson's River and from thence to say of the Equivalent. You are rather then to breack with them on that point to agree to begin from that Tree Provided that upon your own view and running of the former Lines you shall find it to be nearly Just and if they will not Join in this view you are to Insist as much as possible that they do send one or more to be Witnesses to the justness of your work. Before you begin to Run the Line or Lines parrallel to Hudson's River, you shall measure the Distance between the End of the Line Running East North East parrallel to the Sound beginning at Twenty miles from Hudson's River on the Said Line, and ending, in the Line of Massachusetts Bay at Twenty miles Distance, from Hudson's River, in order to find the Additional Distance beyond Twenty miles from the said River, at which the Parrallell Line or Lines to the said River ought to be run. If you cannot agree with the Comm's of Connecticut on the manner and Terms of performing the whole or any part or parts of the Said Survey, as before directed you shall perform the whole or any such parts or part of the same, Ex parte or by yourselves according to the true Intent and meaning of the Agreement and Survey : You shall at the Ends or Extremitys of every Line Erect or fix some Remarkable Monument if the same be not Remarkable certain by Something naturally scituated there as memorials of your Survey, and of the boundarys of the two Colonys. In case the Comms of Connecticut shall refuse to join with you, in Surveying the Partition Lines between the two Colonys or any part of them, you shall desire their Comms to go along with you to be witnesses of your Actions and work and to preserve the peace, on the side of their Government that you meet with no opposition from any on their side. If they shall refuse to go along with you, you shall desire them to send some person in authority to prevent any opposition to you, and to preserve the peace. And if at any time you shall meet with Opposition in your Survey and Setling the Lines you shall immediately send an Express to the Govern' of Connecticut or in his absence to the Lieut Gov' Acquainting him with the Opposition you shall meet with and desiring the interposition of his Authority in order to Remove the Same, that you may go on peaceably with your survey and fixing of the boundarys between the two Colonys. If after this the Opposition shall continue you shall Return to New York, and lay before me an account of your proceedings. In case the Commrs of Connecticut shall refuse to show their Instructions unless you shall likewise show yours, you may rather than breack of with them on that score shew your instructions to them. We have likewise considered of what sum ought to be advanced to the said Comm's and Surveyor and are humbly of opinion that the Comm's that goe upon the Actual Survey, there be advanced to them ten pounds each, that there be advanced to Doctor Colden as Comm' and Surveyor twenty pounds, and to his Deputy five pounds, and that there likewise be advanced Sixty pounds for necessary Charges upon that said Survey to be accounted for to the Board which is submitted to your Excellency by Your Excellency's most Obedient humble Servants. By order of the Committee, JOHN BARBERIE, Ch'm. (U.) Preliminary Agreement of 1725. ARTICLES OF AGREEMENT Made and concluded at Greenwich in the Colony of Connecticut on the Twenty-ninth day of April in the Eleventh year of the reign of our Sovereign Lord George of Great Britain, France and Ireland, King Defender of the faith &c. in the year of our Lord one Thousand seven hundred and twenty-five, Between Francis Harrison, Cadwallader Colden, Surveyor General of the Province of New York, and Isaac Hicks Esq' Authorized and appointed by his Magestys Commission under the Great Seal of the said Province and dated at Fort George in New York the third day of this instant in the year above written, to run, mark out, distinguish and ascertain the line of partition between the said Province and colony of Connecticut of the one side, and Jonathan Law, Samuel Eells, Roger Wolcott Esq' and John Cop and Edmond Lewis, Surveyors and Commissioners appointed and authorized by the Colony of Connecticut to meet with the Commissioners from New York to treat with, settle, agree, run, ascertain and fix the Partition lines between the Province of New York and Colony of Connecticut on the other side. Imprimis it is hereby stipulated, covenanted and firmly agreed to, by and between us the Commissioners of the Province of New York afores and the Commissioners and Surveyors of the colony of Connecticutt aforesaid respectively appointed for running, setling and ascertaining the lines of partition & division between the said province and the said Colony that we the said Commission's and survey's shall begin at Lyons point and from thence run by the compass a line North half a point Easterly one mile and a half and twenty rods and from the end of the said line we shall run a straight line to ye rock at the road or wadeing place and observe the distance from the sd rock and the end of ye said line. Then shall we run from ye sd Rock north north west six miles and a half and if we shall not find ye trees marked at y end there[Senate, No. 165.] 10 of which are supposed to be the same marked by the Survey" in the year one thousand six hundred and eighty four, we shall run a straight line from ye end of ye sd north north west line to ye sd supposed trees, and if then we shall find that the distance between y end of yo said north north west line and the said supposed trees, is not greater than the distance between the line from Lyons point north half a point easterly and the aforesaid Rock in proportion as one mile and a half and twenty rods is to six miles and a half, then we do agree that ye sd supposed trees are verily the trees that were marked by ye Commissioners and Surveyors in the year one thousand six hundred and eighty four-but if we shall find that the distance between yo end of the sa north north west line and the suposed trees is greater in proportion to ye difference between ye End of the line from Lyons point and y Rock than six miles and a half is to the difference of one mile and a half and twenty rods, then we shall erect a monument at yo End of the north west line as ye end of ye said division line between y Province of New York and Colony of Connecticut, provided nevertheless that if Either yo Commission's & Survey' of the Province of New York or the Commissioners and Surveyors of the Colony of Connecticut shall declare and insist that the lines run before mentioned have not to their satisfaction determined the true place of yo End of yo said north north west line, that then we shall run west & by north to Hudsons river, and then if ye distance of seven miles & one hundred and twenty rods agree with ye end of y° said north nor' west line or with the supposed trees marked in one thousand six hundred and eighty four, we will establish either ye sd trees or ye end of the north nor' west line which so ever of them shall nearest agree with yo same distance of seven miles and one hundred and twenty rods, that is to say if ye trees be nearer to ye distance of seven miles and one hundred and twenty rods over or under, than ye end of the sd north nor' west line, then we will Establish ye sa trees as ye boundaries & limit between the Province of New York & Colony of Connecticutt, and a straight line between ye sd trees when so confirmed and the great Rock at ye Wading place, shall be so far the line of partition between the Province of New York and ye Colony of Connecticut. But if yo End of the north nor' west line to be run as afores shall be nearer to ye distance of seven miles & one hundred & twenty rods from Hudsons river over or under than the sd trees, then we do agree to Establish the said north nor' west line as the line of partition and division so far between the Province of New York and Colony of Connecticut |