The Gentlemen above named to be commissionated by his Excellency the Governour for the Purpose aforesaid under the Seal of the Province. Sent down for Concurrance [Endorsement.] April 29. Read in [N. Y.] Council & referred to the Commee & Comm" -[N. Y. Col. MSS., lxxviii, 99. Sir [GOVERNOR SHIRLEY TO LIEUT-GOV. DE LANCEY.] Boston April 22nd 1754. Agreeable to the Proposal you made to me some time since, that the Meeting to be had between Commissioners of your Province and this for Deciding the Controversy concerning the Boundary Line should be held at Albany: The General Court of this Province have chosen Commissioners and impowered them to treat and agree upon it; And that you may understand the Power committed to them, I shall herewith inclose a Copy of the Vote for granting the same. And would beg the favour of you to acquaint me with what your Assembly shall determine in Consequence thereof, as soon as may be, that our Commissioners may have suitable time to prepare for the proposed Business. As it may be of some use to you to know what our Assembly have done on the Affair of the Interview with the Indians of the six Nations, I likewise Inclose the Vote for Impowering the Commissioners to Act therein. Pursuant to an Application made to me by the Council and House of Representatives of this Province occasioned by a Petition of one Payne I must desire of your Honour that Nothing may be done by the Government of New York or any particular Persons there, that shall tend to raise a Contention between the two Governments at a time when a strict Friendship and Union seems more than ever to be Necessary; and that such severe Proceedings as are said to be had against the said Payne may be prevented for the future, and that this poor Prisoner (if he has been hitherto debar'd) may be now allowed the Privilege of Law more especially in relation to the extraordinary Bail demanded of him; and that he may be set at Liberty upon reasonable Bail; And that as to the other People living on Lands in Dispute. between the two. Governments, a Suspension may be had of all proceedings against them, and that they may be suffer'd quietly to improve their Possessions untill the Proposed Method for Adjusting the Differences between the two Governments shall have been attempted. I thank you for giving me Intelligence of the Report at Albany concerning a French Fort's being lately finished at Coas; as also for that concerning the Strength of their Fort at Niagara. The Assembly is upon the Point of rising and the Post of its departture; so I have only time to subscribe myself Sir Your Honour's most humble The Honble James De'Lancey W SHIRLEY. [Endorsement.] 29 April. Read in [N. Y.] Council & Referred to the Commee & Commissioners -[N. Y. Col. MSS., lxxviii, 98. His Honour laid before the Board, a Letter from Governor Shirley of the 22 Instant, inclosing a Report of the Council and Assembly of Massachusets Bay of the 11th relating to the dispute between the two Provinces about their bounds; and a Note of the assembly of that province of the 18, appointing and authorizing Commissioners of that, to meet Commissioners of this province, to confer and agree upon the settlement of the Partition Line. Ordered that the said Letters and Papers be Referred to y° Committee and Commissioners appointed to examine into the Eastern Boundaries of this Colony, and that they make Report thereon with all convenient speed. Vote of the assembly of Massachusets Bay of the 18° April, appointing Commissioners to attend the interview at Albany on the 14th June next. Read. * -[N. Y. Council Minutes (MS.), v. 23, p. 174. [REPORT OF COMMITTEE AND COMMISSIONERS.] May it please your Honour We have lately had under Consideration two Letters from his Excellency Governor Shirley, one of the 21" of January and the other of the 22a of April with two Reports of the Council and Assembly of the Mas sachusetts Bay the first without date and the second of the 11th of April and a vote of that Government of the 11th of April appointing Commissioners for settling (in conjunction with ours) the Line between the two Governments. Which were referred to the Committee and Commissioners appointed to examine into the Eastern Boundaries of this Colony, that they might Report to your Honour their Opinion thereupon. We humbly conceive the principal Matters contained in the first mentioned Report are fully answered in that from this Government of the 28th of February 1753 and those subsequent to it: Or if a further answer should be necessary, as your Honour proposes to appoint Commissioners to meet the Commissioners of that Province, these with the other Points relating to the Controversy must fall under their Consideration, and for this Reason we decline to make any observations upon them. * * * As to what relates to the extravagant Bail demanded of one Pain and the Conduct of Mr Livingston in this and the other particulars complained of in the second Report. It appears M' Livingstons Conduct in this Dispute has been confined within the limits of his own Manor, and therefore very justifiable in our Opinion,— we believe every one must think the People of the Massachusets Bay highly unjustifiable in extending their Settlements on those Lands, or giving any interruption to ours, till such time as it should be known by the settlement of a true Division Line, within which of the Provinces the controverted Lands would fall. We forbear to make any further observations on the matter though it is insinuated without any Reason we think, that this Province hath not shown the same good Disposition the province of Massachusets Bay has towards an amicable Settlement of the Affair, A particular Discussion of this Point, we are fully perswaded would remove every prejudice of this nature, but as it might lengthen the Controversy we shall avoid entering into it being very desirous to see an end put to all Contention by a speedy and final settlement of the Line between the two Provinces: Which is humbly submitted to your May 9, 1754. His Honour laid before the Board the Report of the Committee and Commissioners dated the 4th Instant, on the papers referred to them by orders of this Board on the 4th of February, and the 29th April last, which was Read and ordered to be filed. His Honour acquainted the Board, that as the Assembly had passed a Resolve to make good any reasonable expence that may attend the Settlement of temporary lines of Division between this Province and the Provinces of New Jersey and Massachusets Bay, he proposed to appoint M2 Colden, M3 Murray, Mr Smith, Mr Benjamin Nicoll and M' William Livingston, Commissioners for Meeting and agreeing with the Commissioners appointed by the Province of Massachusets Bay, on the bounds of the two provinces: Which the Council approved of, and of the Persons nominated. And thereupon it is Referred to the Gentlemen of the Council or any three of them, to prepare Drafts of the Commission and Instructions to be given to the said Commissioners, and to Report the same to this Board: And then his Honour was pleased to recommend that the Gentlemen of the Committee and Commissioners appointed by, and in pursuance of, a late Act of Assembly, should meet and prepare everything relative to this matter, which they may think necessary to be laid before the Commissioners above named. * -[N. Y. Council Minutes (MS.), v. 23, p. 177. [INSTRUCTIONS TO COMMISSIONERS.] * By the Honorable James De Lancey Esq; his Majesty's Lieutenant Governour and Commander in Chief in and over the Province of New York and the Territories depending thereon in America. INSTRUCTIONS to Cadwallader Colden, Joseph Murray, William Smith, Benjamin Nicoll and William Livingston Esquires Commissioners appointed on the part and behalf of the province of New York; in Conjunction with Commissioners on the part of the Province of Massachusets Bay to settle agree upon fix and ascertain the bounds between the said two provinces, or Provisional or Temporary Bounds between the said Governments to be deemed the Line of Jurisdiction and Limits until the true bounds shall be finally Settled. As with these Instructions you receive his Majesty's Commission to the purpose above mentioned, You are in the Execution thereof to pay due observance and conduct your selves accordingly in the following Particulars Viz! Whereas by the Letters Patents granted by King Charles the Second to James Duke of York, the first bearing date the twelfth day of March 1663 and the second bearing date the Second day of April 1674, among other Lands, all the Lands from the West side of Connecticut River to the East side of Delaware Bay, are granted in fee to the said James Duke of York: And in Consequence of this Grant to the Duke of York all the Commissions that were granted by him to his Deputies or Lieutenant Governors, describe the Boundaries and Limits of this Governments as set forth in the said Grant to the Duke of York, until he became King, when it was and hath since in the Commissions to the several Governors from the Crown been described in these words the Province of New York and the Territories thereon depending in America from whence it is Evident that this contains all the Lands included within that Grant, except so much as was ceded to Connecticut by Agreement confirmed by the Crown and such parts as were before granted by the Crown, or by the said James Duke of York, none of which Grants can its conceived interfere with the Eastern Boundaries of this Goverm* for the Reasons set forth in a Report of a Committee of the Council of this Province, dated the 28 day of February 1753, a copy whereof will be delivered you herewith, for your information in this matter. 1st You are therefore in your debates with the Commissioners of the Massachusets Bay to insist on Connecticut River as the only and true Eastern Boundary of this Province, and may come to an Agreement with the said Commissioners, and make such Settlement accordingly, either to be Reported to the Governor or Commander in Chief of this Province for the time being in Council for his approbation, in order to be Submitted to his Majesty, or to be immediately submitted to the King for his Royal Approbation or Disallowance thereof. 2dly If after your endeavours to bring the Commissioners of the Massachusets Bay into an Agreement conformable to the first Article of these Instructions, you shall find the same to be impracticable, You are then to propose to, and may agree with the said Commissioners, in the fixing and running a Temporary or provisional Line between the said two Governments, to be deemed and esteemed the Limits and Jurisdiction of both provinces respectively, until his Majesty's pleasure be known herein, or the true bounds shall be settled. PROVIDED that such Line leave or include on this side thereof, All the Lands that have been heretofore granted by the Crown, or its Governors, under the Great Seal of this Province. AND WHEREAS in the years 1726 and 1727 it was mutually agreed between the said two Governments, That all Persons belonging thereto, be prohibited from making any further Settlements near the dividing Line between the two Provinces, and that all actions then Commenced against any of the people residing at Westenhook should cease and they |