a line from Connecticut River to Delaware bay. To which it is answered that the words "All the land from the west side of Connecticut River to the East side of Delaware bay" do not imply a line: but the whole country extended from the west side of Connecticut River till it meets in some part with the Delaware.

If the objection should be thought serious the grant must be explained by the preoccupancy of the Dutch, & the rights & cessions of the five nations which are fully stated in the course of this collection.

Notwithstanding this grant under which the State of New Jersey as well as New York were held: and which had been the foundation of a settlement of the Boundaries between Connecticut and New York in 1684; we find the following assertion in Vermount's Appeal, p. 13. "In the first place we absolutely deny, "and we believe the candid world will join with us, "that New York ever had the least pretended right to "this Territory before the Adjudication of the King's "Council 3a July 15 G. in 1764.

The evidence which we conceive abundantly sufficient to restrict New Hampshire to the West banks of Connecticut River, is as follows:

New Hampshire, as it was originally granted on 7th November 1629, by the Council of Plymouth to John Mason their Secretary, comprehended no more than the breadth of 20 miles Sea Coast; and a Western Extent of 60 miles into the Country. It did not approach Connecticut River within 20 miles; that district remaining extra-provincial.

It is thus described in the deed from the Council of Plymouth "All that part of the main land in New England lying upon the Sea Coast, Beginning from the middle part of Merrimack River, and from thence to proceed northward along the Sea Coast to Piscataqua River, and so forward up within the said River & to the furthest head thereof; and from thence northwestward untill threescore miles be finished from the first

entrance of Piscataqua River; And also from Merrimack thro' the said River to the furthest head thereof; and so forward up into the land Westward, untill threescore miles be finished; and from thence to Cross over land to the threescore miles end accounted from Piscataqua River; together with all Islands Islets within five leagues distance of the premisses and abutting upon the same or any part and parcel thereof."

The Commission to Governor Benning Wentworth enlarged it both on the North and West: on the West, in express terms, till it should meet the Kings other Governments: on the North till one hundred and twenty miles should be finished from the mouth of Piscataqua harbour; or untill it should meet the King's other Governments.

That Governor Wentworth and his Council well understood that their Government was bounded by New York; and that no apology can be offered for their Encroachments will appear from the most conclusive Testimony (to wit).

17 Nov 1749 No. [2] His letter to the Governor of New York, containing the above description of New Hampshire from the King's Commission, and desiring to be informed how far north and East, the Boundaries of New York extended:

3d April 1750 No. [1] Minutes of Council of New York, advising him that New York was bounded Eastward by Connecticut River &c.

9 April 1750 No. [4] Governor of New York's letter to Governor Wentworth to the same purpose.

25th April 1750 No. [5] Governor Wentworth's reply, declaring that this information would have been entirely satisfactory, had not the Charter Governments of Connecticut and Massachusetts Bay extended their bounds many miles to the Westward of Connecticut River; that it was the opinion of his Majesty's Coun cil of that Government, that New Hampshire had an equal right to claim the same extent of Western boundary; and that he had, in consequence of their advice,

before Governor Clinton's letter came to hand, granted one Township due north of the Massachusetts line, and by measurement 24 miles east of the City of Albany; That he was prohibited by his Majesty's Commission to interfere with his other Governments; and far from desireing to make the least encroachment or set on foot any dispute that it would give him great satisfaction if Governor Clinton, at his leisure, could inform him, by what authority Connecticut and Massachusetts bay claimed so far to the Westward; And that in the mean time he should desist from making any further grants on the Western frontiers of his Government, that might have the least probability of interfering with the Government of New York.

5th June 1750 No. [4] Minute of Council of New York thereupon; advising that the claim of Connecticut was founded upon an agreement with this Government about the year 1684; and that the Massachusett's settlements, so far to the Westward, were made by intrusion; and that it was probable that the Township which Governor Wentworth had lately granted, or some part of it, had been already granted by this Gov

ernment.

6th June 1750 No. [6] Governor Clinton's letter forwarding the above advice; and insisting that Governor Wentworth should vacate the grant he had made of a Township; otherwise he should think himself obliged to send a Representation of the matter to his Majesty..

22d June 1750 No. [8] Governor Wentworth's reply, that his Majesty's Council of that Colony were unanimously of opinion, not to commence a dispute with the Government of New York, respecting the extent of their Western boundary, till his Majesty's pleasure should be further known: and that they had advised that he should, on the part of New Hampshire, make a representation of the matter to his Majesty: relying that the same would be done on the part of New York: and that whatever should be done therein the Government of New Hampshire would esteem their duty to

acquiesce in, without further dispute; which he hoped would be satisfactory on that point.

That there was no possibility of vacating the grant of the Township as desired; but if it should fall by his Majesty's determination, in the Government of New York, it would be void of Course.

24th July 1750 No. [7] Minute of Council of New York approving of the expedient proposed by Mr Wentworth; and further advising that it would be for the mutual advantage of both Governments, to exchange copies of each others Representations to his Majesty.

25th July 1750 No. [9] Governor Clinton's letter communicating to Governor Wentworth the last mentioned advice.

2d Sept 1750 No. [11] Governor Wentworth's answer informing Mr Clinton that the Council of New Hampshire approved of the proposal "that the represen tations to the Crown should be exchanged," as it might contribute to the speedy termination of the Controversy without expence, on either side: promising to transmit Mr. Clinton an authentic Copy of his representation, as soon as it should be perfected.

23d March 1750 No Governor Wentworth's Representation and claim transmitted to the Lords of Trade in behalf of New Hampshire. See this Representation refuted in the General Assembly's State before referred to p. 27 &c.

This Representation was not communicated to the Government of New York, according to the above solemn agreement; but sent over privately without any notice.

22d Dec 1752 No The secretary of the board of trade, by order of the Commissioners for trade and plantations, inclosed the Representation made by Mr Wentworth to their Lordship's to Mr Charles agent for this Government desiring that he should transmit it to his Constituents, by the first opportunity that their Lordships might be informed of their sentiments upon it as soon as possible.

16th Nov 1753 No. [178] The Representation of the Committee of his Majesty's Council of the Province of New York and the Commissioners appointed by an act of the Legislature of New York, then lately passed, to examine into the Eastern boundaries of the Colony of New York and for other purposes therein mentioned, [See Record of the proceedings of the said Commissioners appointed to examine into the eastern boundaries of the said province] in answer to Governor Wentworth's representation (to whom the same had been referred) being presented to the Lieutenant Governor and by him laid before the Council.

6th Dec 1753 No. [12] Minute of Council approving of the same, and advising his Honor to transmit it to the Board of Trade.

Encroachments, in the mean time, were made upon the Eastern boundaries of New York; not only by Massachusetts Bay; but by Claimants under New Hampshire;

For the prevention of which, and to vindicate our Jurisdiction

28th July 1753 No original. A Proclamation was issued by the Government of New York for apprehending and bringing to punishment, All persons who should under colour or pretence of title or authority from the Governments of the Massachusetts Bay, or New Hampshire, enter upon or take possession of any lands granted under the great Seal of New York.

From this period the matter rested for some years, the incursions of the Indians, immediately preceding the late war, between Great Britain France & Spain which terminated in 1763, obstructing all new Settlements in that frontier Country, & the Government of New York confiding that New Hampshire, after agreeing to submit the determination to the King, would not have ventured to grant any more of the lands in dispute untill a final decision.

After the reduction of Canada the Emissaries of New Hampshire renewed their Encroachments, not