take under Consideration the Papers received from the Gouvernour of New York, have attended that Service so far as relates to the sa Papers, & report as follows.

That it appears by said Papers that the Proposal made by this Court to the Governm! of New York of appointing Commissioners to settle the Line between the two Provinces has been rejected.

That there does not appear by any Evidence whatsoever to have been any ancient Jurisdiction exercised, nor any ancient Grants made by any States or Powers in Europe, nor any ancient Possession in any other than this Governm of any of the Lands now held or claim'd by this Province.

That the Right of this Province appears to be founded upon Grants as ancient as the Year 1620, & their Possession & actual Improvement of a considerable Part of the Lands to the Westward of Connecticut River is of more than an hundred Years standing, & must have been known to every Governm on the Continent, & therefore it is surprizing that the Government of New York now seem to be unacquainted with it. That therefore it can by no means be adviseable for this Governm! now to suspend the Exercise of their Jurisdiction, but on the contrary it behoves them to go on in settling the Lands & regulating and governing the Inhabitants according to the Right given them by Charter.

The Comme desire leave to sit again to consider the Report of the aforementioned Committee &c.

In Council June 12, 1753.

JACOB WENDELL by order

Read & Accepted, And that the Committee sit again & make further Report on the Affairs referr'd to them. Sent down for Concurrence. J. Willard Secr'y

In the House of Repres June 12, 1753 Read & Concur'd

Copy examined

T. HUBBARD Spk!

Consented to, S. PHIPS.

THO CLARKE Dpty Seory.

[Endorsement.] 3 July. Read in Council & referred to a Commee.

-[N. Y. Col. MSS., lxxvii, 110.

Sir,

[LIEUT.-GOVERnor Phips to Governor Clinton.]

Boston June 21 1753.

When I had last the Honour to write to Your Excellency I acquainted you with my receiving your Letter and the inclos'd Report of a Committee of the Council of Your Province upon our General

Assemblys proposal of having Commissioners appointed by both Governments to adjust the disputes between the two Provinces respecting their Boundaries; Since that I have laid those Papers before our Assembly; and they have had consideration of them, and have express'd their sentiments upon those matters in the Report of a Committee accepted by the whole Court, a Copy whereof I now inclose: Your Excellency may observe by the Conclusion of the Report & the Vote thereon that the Committee was to meet again but that was upon other affairs than what related to the setling the Boundaries of the two Provinces by Commissioners.

I

am,

Your Excellencys most Obedient &
most humble Servant,

His Excellency GEORGE CLINTON Esq.

S. PHIPS.

[Endorsement] 34 July-Read and wth the Report referred to a Committee.

-[N. Y. Col. MSS. lxxvii, 109.

[IN COUNCIL.]

July 3, 1753.

*

*

His Excellency laid before the Council a Letter from the Lieut! Governour of Boston of the 21 ult, inclosing a Report of a Committee accepted by the whole Court of the Massachusets Bay, on the 12th of the same Month, Wherein among other things It is declared "That the Right to the Lands claimed by that Province, appears to be founded upon Grants as ancient as the year 1620, and their Possession and actual Improvement of a considerable part of the Lands Westward of Connecticut River, is of more than an hundred years standing. And that therefore it can by no means be adviseable for that Government, now to suspend the Exercise of their Jurisdiction, but on the Contrary it behoves them to go on in setling the Lands and regulating and governing the Inhabitants according to the Right given them by Charter. Ordered that the said Letter and Report be referred to the Gentlemen of the Council or any three of them, and that they make Report thereupon with all convenient Speed.

*

-[N. Y. Council Minutes (MS.), v. 23, p. 86.

[COLONY OF NEW YORK.]

An ACT to appoint Commissioners to examine into the Eastern Boundaries of this Colony, and to impower and require the Secretary of this Colony, or his Deputy, to deliver certain ancient Records, written in the Dutch Language, to such Person or Persons as the said Commissioners shall appoint, to be translated into English, and other the Purposes therein mentioned. Pass'd the 4th July, 1753.

WHEREAS Incroachments and Settlements have been made, not only in former Years, by the Inhabitants of the New-Hampshire and Massachusetts-Bay Colonies, upon sundry Tracts of Land included within the Boundaries of this Province; but also such Incroachments have lately been renewed by the Inhabitants of the said Colonies upon the Lands and Possessions of diverse of his Majesty's Subjects (holding the same under the Government of this Province, by Letters Patent from his present Majesty, or his Royal Predecessors) on Pretence that the said Lands are included within the said Colonies. And forasmuch as sundry Records, which are good Evidences of the Eastern Boundaries of this Province, are written in the Dutch Language, and by thes Means are rendered less useful for the Purpose aforesaid, than if the same were translated into English: And as the said Records, if delivered up into the Hands of some Person or Persons lawfully authorized and appointed thereunto, may be more easily and perfectly translated into English: In order to serve the Purpose aforesaid,

I. BE IT THEREFORE ENACTED by his Excellency the Governor, the Council, and General Assembly, and it is hereby Enacted by the Authority of the same, That David Jones, John Thomas, Paul Richard, William Walton, Henry Cruger, and John Watts, Esquires, be, and hereby are appointed Commissioners, to examine and consider of the Incroachments made upon this Province by the Neighbouring Colonies; which said Commissioners are hereby authorized and impowered to join with a Committee of his Majesty's Council, appointed, or to be appointed for the purpose aforesaid, in such Measures as by the said Committee of Council and Commissioners shall be thought necessary and expedient, in order to make due Enquiry into the said Encroachments; and also, that the said Committee of the Council and Commissioners shall be, and hereby are impowered for all and singular the Purposes hereinbefore and after mentioned.

*

VI. AND BE IT ENACTED by the Authority aforesaid, That the said Committee and Commissioners shall make all due and necessary Enquiry and Examination into the true Eastern Boundaries of this Province, and the Incroachments and Settlements made within the same by the

Neighbouring Colonies; and shall and are hereby impowered to pursue all such Steps and Methods as to them shall seem most adviseable, in Order, if possible, to procure a speedy and legal Settlement of the Eastern Boundaries of this Province, with the Neighbouring Colonies. PROVIDED ALWAYS, That no such Settlement shall actually be made by the said Committee. and Commissioners, but only proposed by them to the Neighbouring Colonies, and reported by them to the Governor, Council and General Assembly for the Time being.

*

VIII. AND BE IT ENACTED by the Authority aforesaid, That all and singular the Doings and Transactions of the said Committee and Commissioners, and of every other Person and Persons by their Order and Direction, shall from Time to Time, be laid before his Excellency in Council, and before the General Assembly, at their next, or any succeeding Sessions.

M: Chambers from the Committee appointed on the 3a Instant read and presented to his Excellency the Committee's Report on the Matters referred to them. Which on the question being put was agreed to and approved of and ordered to be entered in the Minutes and is as follows vizt

May it please your Excellency

In obedience to your Excellency's Order in Council of the 3a Instant: The Committee appointed by the said Order, have considered the Letter from Lieutenant Governor Phips of the 21 June last, and the Report of a Committee accepted by the whole Court of the Massachusetts-Bay on the 12th of the same Month: And observe, That the said Court have again declined giving a direct Answer to the short and plain question, twice laid before them, viz "to inform your Excellency "what Warrant they had to claim or exercise any Right to Soil or "Jurisdiction, Westward of Connecticut River." And in general terms only set forth "That there does not appear by any Evidence whatsoever, to have been any ancient Jurisdiction exercised, nor any ancient Grants made, by any States or Powers in Europe, nor any ancient Possession, in any other than that Government, of any of the Lands now held or claimed by that Province," and "That the Right of that

Province, appears to be founded upon Grants, as ancient as the year 1620; and their Possession and actual Improvement of a considerable part of the Lands to the Westward of Connecticut River, is of more than an hundred years standing" Upon which the Committee observe, That it does not appear from thence, by whom, and to whom, those ancient Grants were made; or how far they extend to the Westward of Connecticut River; nor in what Place or Places their Possession and actual Improvement of Lands, Westward of that River, were made; or how far extended; whereas this Committee humbly conceives his Majesty's Right to all the Lands and Soil Westward of Connecticut River, is fully and clearly set forth in the Report made to your Excellency on the 28th February last, a Copy of which has been laid before them. And therefore the Resolution of that Government "to go on in setling the Lands, and regulating and governing the Inhabitants according to the Rights given them by Charter," appears to this Committee to be of a very extraordinary nature, and should they persist therein would be unjust and unwarrantable, and a Contempt of the Rights Authority and Government of the Crown of Great Britain; more especially, if it be considered, that the Manor of Livingston, upon which that Government have already made Incroachments, was granted after the vacation of their former, and before the Grant of their present Charter; and that the Lands called Claverack which the said Government have also incroached upon, have been in the Possession of the Renselaer Family, (being part of the Manor of Renselaers wyck) under Grants made upwards of one hundred years since, even very early in the Dutch times. And this Committee cannot help being stil of opinion, that upon this Matter being again laid before the Government of the Massachusets-Bay, they will think it more eligible to desist from any Incroachments on Lands granted under the Seal of this Province, till it be legally determined whether this Government had a Right to make the same or not; Than to assume to themselves the Power of judging therein; which would be in Contempt of his Majesty, and his Courts of Justice, from whence only such legal Determination can proceed.

The Committee are further of opinion, it may be also proper for your Excellency to lay before the said Government, a Copy of the Act lately passed here, to appoint Commissioners to examine into the Eastern Boundaries of this Colony; that they may see the Intention of this Government to have the same speedily setled. And if the Government of the Massachusets-Bay shall desist from any such Incroachments, that then for the Preservation of Peace between both Governments, this Province should delay the Exercise of any Jurisdiction, Eastward of the Grants made by the same, until such legal Determination of the