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ducing the belief that the alterations in the agreement were suggested and made by him while in the conference.*
This adjudication was signed by the Duke's commissioners and a consent to the same executed by the delegates from Connecticut, the 1st of December, 1664.
The line thus established was to begin at the mouth of Mamaroneck creek, on Long Island sound, and extend north north-west to the line of Massachusetts.
Undoubtedly the commissioners of the Duke of York then supposed this line to correspond with that named in the unexecuted agreement, and to be entirely east of Hudson river, following nearly the same course. This, indeed, was expressly stated by Col. Nicolls, in a letter to the Duke of York, in 1665.1
A single glance at the map of the country will show that a gross error was committed, involving the loss by the province of New-York of a large territory lying west of the line originally proposed, and comprising some of the most flourishing settlements in the province.
CONSEQUENCES OF THE ERROR.
When this error was detected, the people of New-York charged intentional fraud and misrepresentation in the matter, upon the delegates from Connecticut, and the charge has been repeated by historians. Whether this charge was well founded or not, the authorities of New-York showed the most profound ignorance of the country. Of this the Connecticut people were not slow to take advantage, and soon extended their settlements to the banks of the Hudson.
The commotions and changes in the two colonies, originating in the repossession and resurrender of New-York by the Dutch, in 1669, the arrival of Andros in New England, &c., seem not to have affected the boundary question, and no contention or official negotiation took place till after the year 1680. In the meantime a survey had been made by the Connecticut people, of a line north-north-west from the Mamaroneck river, which, as they said, struck the Hudson river below the new mills erected • See appendix H. See appendix I. $ See appendix J. Š See linė A. B., map No. 1.
by Mr. Frederick Phillips. These mills are supposed to be on the creek above the present village of Tarrytown, and the same since rendered famous by Irving's "Legend of Sleepy Hollow."
This survey must have been as erroneous as the agreement; but another made by order of Sir Edmund Andros, is said to have intersected the river even farther south than this. The town of Rye was organized under the jurisdiction of Connecticut, its limits extend from the sound to the Hudson river. Its inhabitants, however, met with opposition in their attempts to occupy and settle the lands, from those who, under authority from NewYork, were already erecting habitations, mills, &c., within the same district.
In May, 1682, the General Assembly of Connecticut, in a letter to the Governor of New-York, cautiously worded, * protested against these encroachments on their territory, reciting the title by which they claimed it, and requesting His Excellency to prevent the continuance of their grievances. . ..
It does not appear from the records, what reply was returned to this communication.
: Connecticut had pushed its settlements along the sound and back into the wilderness, to the very western limit of the territory in question, and the contention now began to threaten serious consequences to her possessions and to cause great anxiety to her officers.
THE AGREEMENT OF 1682.
The following year advantage was taken of the accession of a new governor in New-York to send a delegation to congratulate him on his arrival.
· The delegation were furnished with a commission dated November 14th, 1683, to be exhibited to Governor Dongan, in which they were directed to assure him of the amicable disposition of Connecticut, and were at the same time empowered to treat with him for a new settlement of the bounds according to their best judgment.
They also received private instructions respecting the manner and conditions of the proposed settlement, to be observed by
* See appendix K.
them, in the execution of the commission. The correctness and validity of the line starting from Mamaroneck was to be stoutly affirmed, and any variance from it by them was to be ascribed to their desire “to oblige his honor and promote a perpetual good correspondence” between their colony and the governors of the Duke's territories.*
Both in this document and in their public commission, the royal confirmation of the former settlement is mentioned, but the date is not given and no evidence has been found that such confirmation had taken place.
This statement would also seem to be inconsistent with instructions to the commission to contend for the old line, but to fall back upon the one named in the unexecuted agreement if necessary; as well as the stress laid upon the ratification by the King, of any agreement which should be made, as an essential condition. The whole proceeding appears like an ingenious attempt by means of pretentions known to be groundless, to secure all the advantages possible, with the secret intent of accepting whatever could be obtained.
It was so treated by Gov. Dongan and the New-York council who insisted upon the line twenty miles east of the Hudson river. The only modification which the representatives of Connecticut were able to secure was the retention by them of their older settlements on the Sound within this limit, in exchange for an equal tract beyond it, farther north.
The agreement made by them is dated the 24th of November 1683, † and definitely established the dividing line of their respective territories where it has ever since remained.
The bounds were to begin at the mouth of Byram river, a small stream which divided then as now the towns of Rye and Greenwich lying on Long Island Sound, and about thirty miles eastward from the city of New York,
This river was to be followed as far as the head of tidewater [c]from which place the line was to run north north-west till it should reach a point [D] eight miles from the Sound. • See Appendix L. † See Appendix M. *
The letters in brackets refer to map No. 1.
A line of twelve miles in length was then to be measured along the general course of the shore eastwardly, and from its termination [N] a third line of eight miles, parallel to the first.
The parallelogram was to be completed by connecting the two northernmost points [D and 0] by a line which was to be a part of the boundary.
From the last mentioned point a line was to run parallel to Hudson's river, and every where twenty miles distant from it northerly to the Massachusetts line : and along its whole length a tract was to be laid off on the east, equal in number of acres to the amount of land in the first measured parallelogram which might be found to be within twenty miles of Hudson's river.
This “equivalent tract” was to belong to New-York in exchange for the other, and the boundary was to be on its easternmost side.
Surveyors were to be appointed on each side to run out and distinguish these lines, and the confirmation by his Majesty and the Duke of York was made a condition of the agreement.
SURVEY OF 1684. On the 8th of May 1684, the General Assembly of Connecticut formally approved of the agreement made by the commissioners, and in accordance with its terms, appointed a surveyor and certain other gentlemen to attend to the laying out of the line.
These, with the others commissioned by Gov. Dongan from New-York, met at Stamford in October of the same year, and performed their duties by measuring from the Byram river to the head of tidewater, and thence north north-west into the country six miles and a half, completing the eight miles from the Sound. Having ascertained the distance of this point from the Hudson riyer [L] by measurement, they continued the boundary toward the east, but by a more simple process than that named in the agreement, laying off the line parallel to the Sound by the compass rather than by measurement.
The termination rol of the twelve miles, not being twenty miles from the river, the line was consequently prolonged a mile and sixty-four rods, and the point [E] then reached was fixed by them as the beginning of the line which was to run twenty miles distant from the Hudson river, northerly to Massachusetts; and from which the breadth of the additional tract, to be transferred from Connecticut, was to be measured.
A calculation was then made of the amount of land within the lines measured, which was nearer to the Hudson river than twenty miles, and it was found to be sixty-one thousand four hundred and forty acres.
The width of the additional lands was calculated on the assumption that the distance to the Massachusetts line, and the consequent length of the tract, was one hundred miles; but this calculation was offered as a suggestion only for the action of the two governments.
The survey terminated at the end of the line parallel to the Sound, at twenty miles from the river. There seems to have been no permanent monuments erected, and the report of the commissioners gives the marks placed on one tree only.* The governors of the two provinces subsequently met at Milford and ratified the acts of the surveyors.
ently met sy ly.*
DISAFFECTION OF RYE AND BEDEORD.
· The decision which was made in 1683, never was satisfactory
to the residents upon the tract which had been in dispute. Most of them had originally come from Connecticut, and had organized local governments in accordance with the laws of that colony. The town of Bedford lay within the limit of Connecticut, as fixed by the agreement with the Dutch; and Rye had been settled with its western bounds upon Mamaroneck creek and the line stipulated in the settlement made in 1664.
Though as between the two colonies this settlement may have been invalid, it is not a matter for wonder that this sudden transfer to another and comparatively an arbitrary government, should produce great dissatisfaction among these people.
For a time the change was submitted to, but the agreement having for many years received no ratification in England, the
two towns mentioned, boldly declared it void, and asserted their · independence of New-York and their allegiance to Connecticut.
• See Appendix 0.