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Matter in Controversy be had, or his Majesty's Pleasure signifyed therein. But that on the Contrary should the said Incroachments be continued, that it will be the indispensible Duty of this Government to defend and protect his Majesty's Subjects setled under Grants of this Province, Westward of Connecticut River, and to cause all Intruders on the same, by Colour of Right or Authority from the MassachusetsBay, to be apprehended and brought to condign Punishment, by all such proper and legal Measures, as the nature and Emergency of the Case may require. And that in this Case, it may be adviseable for your Excellency, to issue a Proclamation, notifying the Premisses, and requiring all his Majesty's Subjects of this Province, to give due Assistance to the Officers and Ministers thereof, and pay due obedience to the Government of this Province and no other. All which is Nevertheless humbly submitted.

New York 19th July 1753

By order of the Committee

JNO CHAMBERS Chairman

The Council advised his Excellency to send a copy of the said Report to Governor Phips, and to desire he will be pleased to lay the same before the General Court of the Massachusets-Bay at their next Meeting; and least the said Court should not meet shortly, that he would be pleased in the mean time to give effectual Orders, that all Proceedings in Consequence of their late Resolution may be stayed, until the Affair can be again laid before the said General Court.

Upon reading the Affidavit of Mathew Vanduersen sworn to on the 20th Instant, whereby it appears that on the 19th Instant, an officer or officers of the Massachusets Bay and divers other persons, went to the House of Robert Vanduersen, about 14 or 15 miles from Hudson River, and by force and violence took bound and carried away him and his Son Johannes, in order to confine them in some Goal of the said Government, pretending that they acted under a Warrant from that Government, for a trespass committed on Lands lying within the Manor of Livingston: And also upon reading a Letter of the 19th Instant from the said Robert Vanduersen, signifying that they are in custody at Sheldon, expecting to be sent to Springfield Goal unless they can give Bail by Monday then next, the time allowed them for that purpose. It is ordered that a Proclamation be forthwith prepared and issued, directing the Sherifs and Officers of the Counties. of Albany and Dutches, to apprehend the Persons concerned in the said Riot, and also all others who may hereafter under Colour or pretence of Title or authority from the Governments of Massachusets Bay or New Hampshire, enter upon and take Possession of any Lands granted under the Great Seal of this Province, and to commit them to the

Goals of the said Counties, there to remain until thence delivered by due Course of Law, and if need be to summon the aid of the Posse of the said Counties.

The Council advised his Excellency to send a Copy of the said Proclamation, when issued, to Lieutenant Governor Phips, and to demand that he cause strict Inquiry to be made, who the said Officers or Persons were, and to cause them to be apprehended, and sent to this Government, in order for their Tryal.

*

GW BANYAR DC Con.

-[N.. Y. Council Minutes (MS.), v. 23, p. 88.

Sir.

[GOVERNOR CLINTON TO LIEUT. GOV. PHIPS.]

New York 28th July 1753.

I am to acknowledge the Receit of your Letter of the 21 Ult and the Report and Resolution of your Government of the 12th which I laid before his Majesty's Council whose further Sentiments on the Matter appear in their Report to me of the 19th Instant which I now inclosetogether with a Copy of the Act mentioned therein and desire you will be pleased to lay the same before the General Court at their next meeting that such measures may be taken on the part of your Government as may prevent the mischiefs both are threatened with and which must unavoidably happen should your province act in Conformity to their late Resolution for it cannot with any appearance of Reason be imagined that this Government will tamely suffer yours to go on in settling the Lands claimed on both sides but on the Contrary it behoves us to take every measure necessary and expedient to prevent so extraordinary a proceeding This Government desires as earnestly as yours can possibly that the matter may be Speedily determined but as this determination cannot proceed from the authority of either governm! we cou'd wish. that in the mean time all proceedings be suspended. a proposal so reasonable and equitable in itself and so much more for the Honour and Interest of both Provinces that I cannot in the least doubt you will heartily acquiesce therein and place the matter in such a light to your government as may induce them readily to agree to it. And least the General Court should not meet shortly I must desire your Honour in the mean time to give effectual orders that all preceedings in consequence of their late Resolution may be stayed until the Affair can be again laid before them.

This government had determined to delay doing any thing in the matter until they could know yours and the further Sentiments of your

Government upon it But upon proof being laid before them of a Riot committed in the Manor of Livingston thought themselves obliged to order the persons concerned in it to be apprehended in order to be put on their Tryal for so daring a procedure and contempt of the Governm! of this Province of which I thought proper to give you notice by sending you the inclosed Proclamation that you might not from any misrepresentation of the matter have a different opinion of our peaceable intention. And as We think it must be agreed on all hands that the Officers of your Govm exceeded any authority that could be given them from thence We demand and expect you will order strict inquiry to be made who the Officers or Persons were and cause them to be apprehended and sent to this Government in order for their Tryal.

I am &c

To the Hono1 Spencer Phips Esq

G. CLINTON

The above was Copied & signed by his Excy & sent to M' Phips with the Papers referred to

this 30 July 1753.

-[N. Y. Col. MSS., lxxvii, 145.

GW BANYAR

[IN COUNCIL.]

August 31, 1753.

a Letter of the

His Excellency laid before the Board 11th Instant from Governor Shirley, acquainting his Excellency of his arrival at Boston, and that upon an Enquiry into the Affairs of that Government, he found a Letter from his Excellency of the 28th ult; to Lieutenant Governor Phips, concerning the Differences which have unhappily arisen between the two Provinces with respect to their Boundary Line. That at present he is unable to give any Answer to the said Letter, being unacquainted with the Matters complained of, but will take the first opportunity to examine into them, and, when the General Court of that Province shall meet, he will lay the Affair before them, and promote as far as he can a friendly adjustment of all Matters, in dispute, and in the mean time do every thing in his Power to keep the Borders in Peace and good Order, depending that his Excellency will do the like on his part. And then his Excellency acquainted the Council, that he had wrote an answer to the said Letter from Governor Shirley, assuring him, that he would on his part, do every thing in his Power to preserve the Peace, and good Order, on the Borders of this Government.

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[IN MASSACHUSETTS GENERAL ASSEMBLY.]

May it please your Excellency,

The Two Houses have carefully Considered the Letter from his Excellency Governor Clinton to Lieutenant Governor Phips of July 28th last, which your Excellency was pleas'd to lay before us, together with the Report of a Committee of his Majesty's Council at New York, as also an Act of New York General Assembly impowering Commissioners to make proposals for amicably setling the Controversy concerning the Line between this Government and that.

On this Affair, We beg leave to observe to your Excellency, that the present warmth and disorders arose upon, or at least quickly after, the Petition of some persons (who had encroach'd on this Province's ungranted Lands West of Sheffield) that the General Court of this Province would sell or dispose of to them, the Lands they thus possesst; not long after this, a Number of persons in the Employ of Robert Livingston j: Esq; burnt down the Dwelling house of George Robinson one of these Petitioners, and M Livingston caused his Body to be attached & Committed to Albany Goal, by a Warrant from Authority in New York Province, who was afterwards Bail'd by Order of this Government, upon which the General Court of this Province, from a sincere desire of Peace and good Order, and to preserve a good understanding with New York Government, propos'd to that Government the mutual appointment of Commissioners for setling the Boundary Line between the two Provinces; this, New York Government did not agree to, but on the Advice of the Council there, in a very Majesterial manner, It was Demanded of this Government - What Right they had to Soil or Jurisdiction West of Connecticut River? Suggesting that it was but very lately, they knew we had any possessions West of that River, this proceeding of the Gentlemen of New York appear'd indeed extraordinary, as diverse of our ancient and best Towns Had been setled West of this River about an hundred years, and the Shire Town of Springfield near a hundred & Twenty Years.

The Government in New York thus declining to Join in setling the Line, and affecting to appear such great Strangers to our Affairs and Circumstances in those Parts of this Province, the General Court here Judg'd it vain to attempt any thing by way of Treaty in the Controversy, and therefore concluded to proceed in the best manner they could by themselves, and that they might be well inform'd of all Cir. cumstances, last April sent a Committee to View the Lands West of Sheffield and Stockbridge, and report the Exact state of Affairs, which Committee went accordingly and on the spot Robert Livingston Esq; aforesaid, agreed with them, and they with him, that all proceedings should be stopt, till further Orders were taken by the two Governments,

notwithstanding which in July last, M: Livingston with above sixty men arm'd with Guns, Swords, and Cutlasses, in a very hostile and riotous manner, entered upon part of said Lands in the possession of Josiah Lomis, Cut down his Wheat, and carried it away in his Wagons, and destroy'd above five acres of Indian Corn, then growing on Lands possess't by said Lomis; complaint being made of these Violent proceedings to the Authority in the County of Hampshire, Warrants were granted, and two of the Rioters apprehended, Who enter'd into Bonds for appearance things being thus very much perplex'd, and likely to grow worse, and New York Government still declining to do any thing, the General Court of this Province in their last Session appointed a Committee to repair to the place in Controversy, & dispose of the Land thus incroach't on, or some way or other quiet the persons contending, which Committee propos'd soon to proceed in said Affair; but have not as yet, and as New York Government have appointed Commissioners it is tho't best to Join them, and meet sometime in the month of November next at Middleton in the Colony of Connecticut, being a neutral place and about midway between the Capitol of this and that Government.

We beg leave further to observe that notwithstanding the lenity of our Authority's proceedings and readiness to take Bond of the two Rioters apprehended, yet Michael Halenbeck a Dutchman, whom they supposed to favour the taking Van Dusars, has been apprehended and closely confin'd in Dutchess County Goal (it is said to be in a Dungeon) and the most unexceptionable Bail refus'd.

We would further observe to your Excellency, that We apprehend his Excellency Governor Clinton, and his Majesty's Council of New York were not truly inform'd of the proceeding of the said Livingston and others, upon said Controverted Land, which if they had been, we have reason to think the Proclamation accompanying Governor Clinton's Letter had never been issued, neither would Governor Clinton have made such a very Extraordinary and unprecedented demand, that the Officers of this Government should be sent to New York for a Trial. In Council Sept 11th 1753. Read and Accepted. Sent down for Concurrence

J. WILLARD Secry

In the House of Rep Sept 11th 1753, Read & Concurr'd & Voted that M Welles, M; James Bowdoin, Col Winslow, Cap Chandler & Mr Fletcher, with such as the Honble Board shall Join, be a Committee to wait upon his Excellency the Governor with the message that has pass'd the two Houses this Day.

Sent up for Concurrence

T. HUBBARD Spk!

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