REPORT OF HIS EXCELLENCY WILLIAM TRYON, ESQUIRE, CAPTAIN GENERAL AND GOVERNOR IN CHIEF IN AND OVER THE PROVINCE OF NEW YORK AND THE TERRITORIES DEPENDING THEREON IN AMERICA, CHANCELLOR AND VICE ADMIRAL OF THE SAME-ON CERTAIN HEADS OF ENQUIRY RELATIVE TO THE PRESENT STATE & CONDITION OF HIS MAJESTY'S SAID PROVINCE. What is the situation of the Province under your Government, the nature of the Country soil and Climate: the Latitudes and Longitudes of the most considerable places in it: have those Latitudes and Longitudes been settled by good Observations, or only by common Computations, and from whence are the Longitudes computed? Answer. Situation of The Province of New York is situated on the Atlantic Ocean which washes its Southern shores: The Colonies of Connecticut, Massachusetts Bay and New Hampshire, lying to the East, the province. Quebec to the North, and New Jersey, Pensylvania and the Indian Country to the West. The Face of the Country is everywhere uneven, with all the variety of Soil to be found any where. Nature of the In the Northern Parts are lowlands enriched by the overflowing of Rivers, but little of its soil. this sort lies within seventy miles of the City of New York the Metropolis-the soil in general is much thinner and lighter in the Southern than in the Northern Parts and having been longer under Culture and subject to bad Husbandry, is much more exhausted. Country and The Province extending nearly Four Degrees and a half of Latitude the difference of Climate Climate. between the Southern and Northern Parts is remarkable. In Summer the Heat is sometimes excessive, and in general much greater than in England-Melons and many other things are raised here by the natural warmth of the Climate which in England will require the aid of Hot Beds and Glasses-The Winter in all parts of the Province is more severe than in England, tho' the Latitude of London is about ten Degrees more North than the City of New York-Even in the Southern Part the Mercury in Farrenhight's Thermometer sinks some Degrees below 0 and rises to 90° but these extremes are always of short duration.-At Albany and to the Northward of that City the Harvest is about a Month later than at New York, and the Winter is much earlier. Hudson's River is generally frozen over many miles below Albany before the middle of December but no Quantity of Ice is found in the River within thirty miles of the City of New York, earlier than the Month of January-In March the Navigation is again open up to Albany; and it is observed the Seasons both as to heat and Cold grow more temperate. Latitudes. The Latitudes of the following places have been determined by good observations. The Lignt house at Sandy Hook, Fort George City of New York Mouth of Mack hacamac Branch of Delaware, where the Line settled between New 40°27' 40" 40 41 50 41 21 37 42 36 00 43 16 12 43 50 07 44 57 18 44 58 48 45 00 00 The Longitude of the City of New York has been found by good Observation of the Satellites of Longitude. Jupiter to be 74° 38 West from London. Question No. 2. What are the reputed Boundaries, and are any parts disputed and by whom Boundaries of Answer. The Boundaries of the Province of New York are derived from Two Sources.-First, the Grants from King Charles the Second to his Brother James Duke of York dated the 12th March the Province. 16634 and the 29 June 1674, which were intended to convey to the Duke all the Lands claimed by the Dutch, the first occupants of this Colony.-Secondly, from the Submission and Subjection of the Five Nations of Indians to the Crown of England. As grounded from Charles James Duke The Descriptive part of both the Duke's Grants is in the same Words and exclusive of the Territory Eastward of Connecticut River, since granted to the Massachusetts Bay by their Charter on the Grants of 1691, comprehends "All that Island or Islands commonly called Mattawacks or Long the 2d to Island, together with Hudson's River, and all the land from the West side of Connecticut of York. River to the East side of Delaware Bay." Connecticut River extends beyond, and Hudson's River takes its rise a little to the Southward of the Forty fifth Degree of Northern Latitude And as a Line from the Head of the River Connecticut to Delaware Bay, would exclude the greatest part of Hudson's River, which is expressly granted to the Duke of York, the Boundary most consistent with the Grants to the Duke, and the claim of New York founded thereon, is a Line from the Head of the Connecticut River to the Source of Hudson's River, thence to the Head of the Mohawk Branch of the Hudsons River and thence to the East side of the Delaware Bay. ; That this has been the reputed Boundary under the Duke's Title has been confirmed by the Grants of this Government extending Westward nearly to the Head of the Mohawk Branch of the Hudson's River, and Southward of that Branch to within a few miles of the North Boundary of Pensylvania. No other Construction will justify the Terms of the Grants to the Duke, nor any Lines less comprehensive include the Lands patented by this Province or ceded to the Crown by the Indians, at the Treaty of Fort Stanwix in 1768. And as grounded on the The Second source of the Title of this Government is grounded on the Claim of the claim of the Five Nations who are in the Treaty of Utrecht acknowledged by France to be subject to Great Britain. Five Nations of Indians. Soon after the English conquered this Country from the Dutch, pursuing their System of Policy, they entered into a strict Alliance with the Natives who by Treaties with this Colony, subjected themselves to the Crown of England, and their Lands to its protection, and from this Period were always treated as Subjects, and their Country considered by this Government as part of the Province of New York, which probably gave rise to the extended Jurisdiction of the Colony beyond the Duke's Grants, signified by the Words "The Territories depending thereon" which are found in all the Commissions of the Crown to its Governors. Nor has the Crown except by the confirmation of the Agreement fixing the Boundary of Connecticut at about Twenty miles East of Hudson's River at any Time contracted the jurisdiction of the Colony Westward of Connecticut River & Southward of the Latitude 45 the Proclamation of His present Majesty of the 7th of October 1763, leaving the jurisdiction Southward of that Latitude as it stood before, tho' it prohibits for the present the further Extention of the Grants and Settlements into the Country thereby reserved to the Indians, to avoid giving Umbrage to that People who complained they were too much straitned in their hunting grounds. It is uncertain to this Day to what Extent the Five Nations carried their claim to the Westward & Northward but there is no doubt it went to the North beyond the 45 Degree of Latitude and Westward to Lake Huron, their Beaver Hunting Country being bounded to the West by that Lake, which Country the Five Nations by Treaty with the Governor of this Province at Albany in 1701, surrendered to the Crown to be protected and defended for them-Mitchell in his Map extends their claim much further Westwards and he is supported in this opinion by Maps and other anthorities very Ancient and Respectable. The above Treaty of 1701 is to be found among the Records of Indian Transactions but it is recited and the Surrender made thereby confirmed in a Deed dated the 14th September 1726 by which the Seneca, Cayouga and Onondaga Nations also surrender'd their Habitations to King George the first, a Copy whereof is inserted in the article of the Appendix, Number 1. Oswego on the South side of Lake Ontario was first established by this Colony about 1724, a Garrison of the King's Troops supported there at the Expense of this Government, and the Jurisdiction of New York actually exercised Westward to Oswego and its Vicinity until the Commencement of Hostilities in the late war. His Majesty's Order of the 20 July 1764, confirming the Ancient Limits as granted the Duke declares "The Western Banks of the River Connecticut from where it enters the Province of the "Massachusetts Bay as far North as the Forty fifth Degree of Northern Latitude," to be the Boundary Line between the two Provinces of New Hampshire and New York: And if the Agreement lately concluded at Hartford should finally be ratified by the Crown, the Eastern Limits of this Colony where it borders on the Massachusetts Province, will extend about twenty miles only East from Hudson's River. Description of supposing the Without any view to the more Westerly claim of the Five Nations, supposing the Colony Colony to in- to comprize within its Limits or Jurisdiction the Country those Nations Surrendered to ver hunting the Crown by the Description of the Beaver Hunting Country as before mentioned-The rendered to the Boundaries of the Province of New York are as follows. clude the Bea Country sur Crown by Treaty with this Province in 1701. On the South. The Atlantic Ocean, including Long Island, Staten Island and others of less note. On the West. The Banks of Hudson's River from Sandy Hook, on the Ocean, to the 41 Degree of Latitude, thence the Line established between New York and New Jersey to Delaware River-Thence the River Delaware to the North East Corner of Pensylvania or the Beginning of the Latitude 43, which in Mitchel's Map is by mistake carried thro' the whole of that degree-Thence the North Boundary Line of Pensylvania to the Northwest Corner of that Province, and continuing the same Line to a point in Lake Erie which bears due South from the East Bank of the Streights of D'Etroit and of Lake Huron to the Forty Fifth Degree of Northern Latitude. [VOL. I.] 64 On the North. A Line from a point on the East Bank of Lake Huron in the Latitude of Forty Five East to the River St Lawrence, or the South Boundary Line of Quebec; Thence along the South Boundary Line of that Province across the River St Lawrence to the Monument on the East Bank of Lake Champlain fixed there in the 45 Degree of Northern Latitude; Thence East along the Line already run and marked to the Monument or Station fixed on the West Bank of the River Connecticut in the same Latitude. On the East. The Western Banks of the River Connecticut from the last mentioned Station to the South-west corner of the Province of New Hampshire, in the North boundary Line of the Massachusetts bay; and from thence along that Line, (if continued) and the Western limits of the Province of Massachusetts Bay, and the Colony of Connecticut. In the Appendix N° 4, is a MAP of the Province of New-York according to the preceding Description of its Boundaries. Disputes that with Massa in respect to The Boundary of the Province of New York (in respect to the other Governments) being established in every part except where it borders to the East on the Massachusetts Bay, it Day silage was conceived the late agreement with that Province when ratified by the Crown, would chusetts Bay, extinguish every Controversy respecting the Limits of New York, the North Boundary the Limits of Line of the Massachusetts having in the year 1740 been ascertained by a Royal Decree of the King in Privy Council in the Contest between that Province & New Hampshire. But the Massachusetts Commissaries at the late Meeting at Hartford in 1773 declared that they had no authority to settle their North Boundary which they considered as undetermined with respect to New York, and one of those Gentlemen intimated that they still left open their Western Claim to the South Sea. this province. Hence two very important Disputes may still arise of great Consequence to the Interests of the Crown, as well as the property of His Majesty's subjects of this Colony. Observations chusetts Nor The Massachusetts Northern Claim beyond the Line settled between that Province and New Hampshire, extends north from that Line about Fifty miles, and from thence Westward to on the Massa-within Twenty Miles East of Hudson's River, and after passing this Province, is commenthern Claim. surate with their Western Claim to the South Sea-The immediate object of their Northern Claim is a Country between Connecticut & Hudson's Rivers about Fifty Miles in length and about Forty in breadth and includes not only the greater part of the County of Cumberland, but a large District of the Counties of Albany and Charlotte.—The Lands there in question are wholly appropriated under Grants of this Province [and ?] of New Hampshire, and the Families settled thereon are not less than Two Thousand, tho' they probably exceed that number. The Massachusetts Bay long acquiesced in the Royal Decree of 1740, the Line established by that Decision hath actually been run and marked from the south West Corner of New Hampshire. Westward, to within about Twenty miles East of Hudson's River, and the Inhabitants of New York and the Massachusetts Bay have deemed that Line to be the utmost Extent of the Massachusetts North Boundary, whatever might have been determined as to their Western Limits. Aud that this was the sense of the General Court of that Province soon after the Treaty of 1767, for settling the Boundary of the Two Provinces, appears clearly by their Resolution of the 23d January 1768 in these Words "Resolved that this Court will concede to and confirm the last proposal made by their Commissioners on the part of New York at their late Confere..ce in the Words of the Report of the Lords of Trade and Plantations in May 1757, That a Streight Line be drawn Northerly from a point on the Southern Line of the Massachusetts Bay Twenty Miles due East from Hudson's River, to another point Twenty Miles due East from the said River, on the Line which divides the Province of the Massachusetts Bay from New Hampshire, be the Eastern Boundary of New York." Nor can any Line more favorable to the Massachusetts Colony be hereafter established, without subverting the Principles, and calling in question the Justice of the Royal Decree pronounced in 1740 after full hearing of the merits of the Massachusetts claim on the appeal of both parties to the King in Privy Council; and which could it now be effected, must not only prove highly injurious to the Crown in respect to the right of Soil, its Quit Rents & Escheats, but be productive of the greatest disorder & confusion in that Country. The Province of Massachusetts Bay ground their claim Westward to the South Sea on the Deed dated 19th March 1627/8 f.om the Council of Plimouth to Sir Henry Roswell &c. and their associates.—As also on the Charter or Letters Patent of Charles the First dated the 4 March 1628|9—The lands granted are the same in both, being in breadth about Sixty Showing a De. Miles, and extending as described in these Instruments From the Atlantic and Wes Remarks on ward to the South Sea, Showing fect in their Title as a Cor- tern Sea and Ocean on the East part to the South Sea on the West part." poration and the propriety of raising this But the Crown being divested of these Lands by the Grant to the Council of Plimouth in 1620, could not pass them by its Charter of 1628|9, which had no other operation than they prosecute to form the Massachusetts Bay into a Province, and to invest the same with Powers as a as an objec tion, should their claim to a North Boun- Body Corporate. dary beyond the present Line Estab that Province and New Hampshire. or It became necessary therefore for the Massachusetts Bay after they were incorporated lished between to obtain a Conveyance to the Corporation of the Lands granted to Roswell &c. and Associates That they obtained such Conveyance has not been pretended —If they had, their Western the Crown either became reseized of the Lands of the Corporation by the Judgment in 1681 which Vacated the Letters Patent of 16289 or the property reverted to the Grantees of the Council of Plymouth. claim to the South Sea. Had the Crown been reseized it might have passed the same Lands to the Massachusetts Province by the present Charter of 1691. But instead of so extensive and unreasonable a Grant of Three Thousand Miles in Length they obtained, it is true, by that Charter a great addition of Territory Eastward, but were confined in their Western limits which extend towards the South Sea as far as the Colonies of Rhode Island, Connecticut and the Narragansett Country" This Description in strict Construction of Law will carry the Massachusetts Bay West no further than the Eastern Bounds of Connecticut, and by the most liberal interpretation do not extend their Boundary beyond the West Line of Connecticut, then and for some years before determined by Agreement between that Colony and New York to be upwards of Twenty Miles East of Hudson's River. On the other hand admitting the Massachusetts Bay after their charter of 1628/9, and before it was vacated in 1684, did not obtain a Conveyance of the Lands granted to Roswel &c. and Associates, the Judgment which vacated that charter did not affect the Lands but left the Title in Roswell &c. and Associates, and the Crown could not by the Charter of 1691, grant them to the Massachusetts Colony; So that the Title, if any exists, must at this day be vested in the heirs or assigns of Roswell &c and Associates in their private right, and not in the Government of the Massachusetts Bay, unless transferred to or vested in the latter by some act of their Provincial Legislature, if such an Act could possibly have any Efficacy. It is however presumed no Law of that Tendency has been passed, and if any should hereafter be presented for His Majesty's approbation, that it will be objected to (so far as it may countenance the extension of their Northern or Western claims beyond the Limits of their present Charter) as a measure calculated to divest the Crown of the right of Soil in that very large and extensive Territory, which lies Westward of the Colony of New York to the South Sea. This claim had it been considered as well grounded wo ld long since have been prosecuted and brought to a decision. The Massachusetts General Court or Assembly assert it in a Resolve they passed on the 23d of January 1768, but whether with an intention to maintain it, Time must dis |