General's Reports thereupon: Presented to his Excellency the Committeee's Report on the Matters referred to them, Which was read at the Board, and on the question being put, agreed to and approved of And ordered to be Entered in the Minutes Which Report is as follows: viz!

May it please your Excellency

In obedience to your Excellency's Order in Council of the 3 day of July last, referring to a Committee thereof, the Petitions of Robert Livingston Jun! Esq, and of the Owners of a certain Tract of Land called Westenhook, complaining of new Claims and Encroachments made upon their Lands, by the Inhabitants of the Massachusetts-Bay; And also the Surveyor General's and the Attorney General's Reports on the said two Petitions, The Committee having maturely weighed and considered of the same, humbly beg leave to report to your Excellency.

1 That they apprehend the Claims of the Massachusetts Bay, to the Manor of Livingston or the said Tract of Land called Westenhook, cannot be well founded, Because they find That the Dutch claimed the Colony of New Netherland as extending from Cape Cod to Cape Cornelius now called Cape Henlopen Westward of Delaware Bay along the Sea Coast, and as far back into the Country as any of the Rivers within those Limits extend: And that they were actually possessed of Connecticut River, long before any other European People knew any thing of the Existence of such a River, and were not only possessed of the Mouth of it, where they had a Fort and Garison, but discovered the River above a hundred miles up, had their People trading there, And purchased of the Natives almost all the Lands on both sides of the said River.

2 That Governour Stuyvesant the Dutch Governour of the said Province, by his Letter dated the 2 of September 1664 New Stile, In answer to a Letter from Governour Richard Nicholls of the August preceding, demanding the surrender of all the Forts and Places of Strength possessed by the Dutch, under his (Governour Stuyvesant's) Command, Writes as follows.

"Moreover it's without dispute, and acknowledged by all the World, "that our Predecessors by virtue of the Commission and Patent of the "said Lords the States General, have without controul and peaceably "(the contrary never coming to our Knowledge) enjoyed Fort Orange "about 48 or 50 years; and Manhatans about 41 or 42 years; the "South River 40 years; and the fresh River about 36 years." Which last mentioned River, the Committee find to be the same that is now called Connecticut River.

3 That the said Governour Stuyvesant did in the year 1664, surrender all the Country, which the Dutch did then possess, to King Charles the second; and that the States General made a Cession thereof by the Treaty of Breda in the year 1667. That the Dutch reconquered part of this Province in 1673, and surrendered and absolutely yielded it to King Charles the Second in 1673/4 by the Treaty of London; And that in the year 1674 King Charles granted to the Duke of York All the Land between Connecticut River and Delaware Bay, the whole of those Lands, being part of the then former Colony of New Netherland.

4th That the Duke of York in his several Commissions to Major Edmond Andross on the 1st of July 1674, and to Governour Dongan on the 30th September 1682, among other Descriptions of the Boundaries. of this Province, mentions, All the Land from the West side of Connecticut River to the East side of Delaware Bay. That their Majesty's King William and Queen Mary, by their Commission bearing date the fourth day of January in the first year of their Majesty's Reign, appointed Henry Sloughter to be Governour of the Province of New York and Territories depending thereon; the Boundaries whereof to Connecticut River on the East, were notorious by the Grant and other Commissions aforesaid, and many other Grants and Commissions relating to the same.

5th That the Committee apprehend Connecticut River continued the East Bounds of this Province, until the 28th of March 1700, when by King William's Confirmation of an Agreement between this Province and Connecticut, the Western Bounds of that Colony were settled at twenty miles from Hudson's River; And they cannot find any other Alteration in the Eastern Bounds of this Province and have no reason to believe any other was made before or since that Time.

6th That King James the first by Letters Patent bearing date the 3 of November in the 18th year of his Reign, granted unto the Council of Plymouth from forty to forty eight degrees of North Latitude inclusive In which there is a recital to this purpose "Now forasmuch as the King has been certainly given to understand, by divers good "Subjects that have for these many years frequented these Coasts and "Territories, between the degrees of 40 and 48, that there is no other "Subjects of any Christian King or State, or by any Authority from "their Soveraign's Lords or Princes, actually in Possession of any the "said Lands or Precincts, whereby any Right Claim Interest or Title, may or ought by that meane to accrue or belong to them &c" And also a Provisoe in these Words.

66

"Provided always that the said Lands Islands or any of the Premises "by the said Letters Patent intended or meant to be granted, were not "then actually possessed or inhabited by any other Christian Power or

"State." Which Patent the Committee conceive could not vest any thing in the Grantees, by reason of the said recital and Condition upon which it was granted, part of the Premisses being then actually possessed by the Dutch, and most of the said Colony of New Netherland being within the Bounds thereof.

7th That the Council of Plymouth by their Deed dated the 19th of March in the third year of King Charles the first, granted to Sir Henry Roswell and others, part of what was supposed to be granted by the said Letters Patent; which Grant from the said Council of Plymouth, the Committee take to be void, as founded on the said void Patent.

8th That the said Sir Henry Roswell and others, obtained a Grant and Confirmation thereof, from the Crown, under the great Seal of England, dated the 4th of March in the fourth year of King Charles the first, within which Grant and Confirmation, the Province of MassachusettsBay is included; which Grant and Confirmation was adjudged void in the High Court of Chancery of England in the year 1684: And the Committee are of opinion that nothing to the Westward of Connecticut River could pass by that Grant and Confirmation for that his Majesty could not have had an Intention to grant the same, it being then possessed by the Dutch as before mentioned.

9th That the Committee conceive the Inhabitants of MassachusettsBay, can claim nothing at present but what is granted them by their Charter in 1691: All their other Grants and Charters being either void of themselves, or declared so in the Chancery of England.

10th That the Bounds granted by this Charter, are Westward as far as the Colonies of Rhode Island, Connecticut and the Narraganset Country; which words being in the Case of a Grant from the Crown, the Committee conceive cannot extend their Bounds farther than to Connecticut Colony, and therefore not to Connecticut River; And much less to the Westward of it, because Connecticut itself at the time of that Charter, did not in the Knowledge of the Crown extend Westward of that River, nor did till nine years after, when, by the Royal Approbation, the Agreement between this Province and that Colony, taking place, (which was not to be in force till such Approbation) the Bounds of that Colony were setled as is before mentioned; And the Committee conceive it to be against Reason to suppose that the Crown intended by the said Charter to grant any part of the Province of New York, under the then immediate Government of the Crown, without express mention thereof in the Charter, and without Notification to Henry Sloughter then Governour of this Province, that the Crown had granted such a part of what was before within his Jurisdiction, by their Majesty's Commission aforesaid to him.

11th That both the Patents under which the Petitioners claim the

Committee find were granted under the Great Seal of this Province, that of the Manor of Livingston in 1686, and that of Westenhook in 1705: And that the Lands contained in the said Grants, are, the Committee apprehend, within the Jurisdiction of this Province, they being both West of Connecticut River.

12th That the Committee are of opinion, the Attempts of the Inhabitants of the Massachusets-Bay, to make Encroachments upon any Lands granted by Letters Patent under the Great Seal of New York, or upon any Lands within the Jurisdiction of this Province, are disrespectful to his Majesty's Authority, tend to the Disturbance of his Subjects of this Province, and may be the Cause of great Mischiefs and Disorders.

13th That the Steps taken by the said Inhabitants, even were the Bounds doubtful and unsetled, are Intrusions and disrespectful to his Majesty's Authority.

AND LASTLY the Committee are of opinion, that a Copy of so much of this Report, as shall be approved by your Excellency and the Council, be transmitted to the Lieutenant Governour of the Province of Massachusets Bay, requesting that he would take effectual Measures, that all Encroachments and Disturbances by the People of that Colony on his Majesty's Subjects of this Province, be stayed, and that he would lay this Matter before the next General Court, that they may inform your Excellency by what Warrant they claim or exercise any Right to Soil or Jurisdiction, Westward of Connecticut River, that the same may be considered and such Steps taken towards removing all Causes of Encroachment, or Disturbances for the future, as may be agreeable to Equity and Justice: To the End that good Understanding may be preserved, which ought to subsist between fellow-Subjects and Neighbouring Provinces.

All which is nevertheless humbly submitted

By Order of the Committee

New York 28th February 1753.

JAMES DE LANCEY Chairman

The Council advised his Excellency to send a Copy of the said Report and the Petition of Robert Livingston Jun! Esq to his Honour the Lieutenant Governour of Boston.

*

-[N. Y. Council Minutes (MS.), v. 23, p. 55.

Sir,

[GOVERNOR PHIPS TO GOVERNOR CLINTON.]

Boston April 13, 1753

Your Excellencys Letter of the 6th of March last, with the Papers accompanying it, I laid before the General Assembly of this Province at the beginning of the Session: And the Affair having been referred to a Committee of both Houses, they have given in their Report thereon, Which has been accepted by both Houses, & Consented to by me, Which makes it a compleat Act of this Governm A Copy of this Report I herewith inclose.

By which your Excellency will perceive that we are ready to join with your Governm! in the most suitable Methods for an amicable adjustment of all Differences between the two Provinces, & the Borderers on the Boundaries thereof, by setling and stating the s Boundary in such manner as may be mutually agreed. Our Assembly will meet again at the latter End of the next Month; And if this proposal be complied with they will proceed to the Appointm' of Commissioners and to agree with your Government as to the time and Place of Commiss" Meeting, And it seems best to have such Meeting as soon as may be with Convenience to prevent further Disputes & Controversies that may otherwise arise, and to setle those that are now subsisting.

I am (with great Respect)
Sir

Your Excellency most humble
& most Obedient Servant

S. PHIPS

[Endorsement.] 30 April 1758 - Read in Council - and with the Report mentioned to be inclosed referred to a Committee. -[N. Y. Col. MSS. lxxvii; 78.

[IN MASSACHUSETTS GENERAL COURT.]

The Committee appointed to take under Consideration a Letter from his Excellency Gov! Clinton of 6 March last, & the Papers accompanying the same, have attended that Service, and particularly considered the "Report of a Committee of the Council of New York on two Peti"tions complaining of new Claims and Encroachments by the Inhabi"tants of Massachusetts Bay on the Province of New York; by which Report an extraordinary Title is set up in favour of New York to a valuable Part of this Province. The Committee are upon the whole humbly of Opinion, that Commissioners be appointed to meet at some convenient Time and Place, which this Court may appoint to confer