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like dispute subsisting between this Government and the Massachusetts is attended with greater evils and until settled, we can not expect to preserve Peace and good order upon our own Borders. I have had a long conversation with Gen' Shirley on this subject, and have often recommended to him to prevail on the General Court of that Province to make Provision for defraying there part of His Majesty's Commission for settling the line between our two Provinces. M' Sherley has never been able to effect it with his Assembly who have always proposed expedients that could not answer the good end desired and to which I could not concur I shall endeavor to bring the Assembly of this Province into the measure and write to Lieut' Gov' Phips on the subject.

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-[N. Y. Col. Doc., vii, 121.

My Lords,

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[GOVERNOR HARDY TO THE LORDS OF TRADE.]

Fort George, New York, 13 October 1756.

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I have not yet laid before the General Assembly His Majesty's directions, (signified to me by Your Lordships' letter of the 13th of April last,) for their making provision for determining the lines in dispute between this Province and that of the Massachusetts Bay, and New Jersey, as I judged the present business before them of more consequence to the public service, which when finished, I shall give all due attention to your Lordships' directions in this and every other particular.

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In my letter to you of the 23rd Feb last I begged your Lordships Interposition with the Massachusetts Government to oblige their inhabitants to keep within proper Limits till His Majesty should please to determine the line of Jurisdiction between the two Provinces

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The difficultys I have found in bringing the Assembly to pass a Law for defraying a moiety of His Majestys commission for determining the Line of Jurisdiction between the two Provinces leaves me little encouragement to hope it may soon be effected, or even if it could be on our side, I have still more reason to doubt the General Court of Boston's concurring in passing the like Law on their part

In examining of Papers in the Secretarys office relating to this dispatch I find in the month of June 1754 commissions from New York and the Massachusetts Bay, mett at Albany to settle a Line of Peace or temporary jurisdiction between the two Provinces, an examined copy of the Report' of the Commissioners of New York to the Lieutenant Governor I now inclose by which your Lordships may more fully see the disposition of the Govt of the Massachusetts with respect to this controversy Also inclosed is a copy of a Plan shewing the Patents on the East Side of Hudsons River with the dates of the Grants under this Government, the only alteration or point in which this plan differs with that produced at the meeting of the Comm" is the red Lines marked H which is to show the Western Limits of the Massachusetts Government under their Grant of 1691 and refers to folio 5 in the Report, The Green line marked G shews the last temporary line proposed by the Commissioners of New York taken notice of in the Report Folio 10.

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-[N. Y. Col. Docs., vii, 206.

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CHAS HARDY

[LORDS OF TRADE TO GOVERNOR HARDY.]

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It is a melancholy consideration, that in such times as these, the dispute between New York and the Massachusets Bay concerning their Boundaries should have been carried to so indecent a length, as to have been the occasion of Riot and Bloodshed, and as that matter appears to us, to require some immediate remedy, We lost no time in taking it into our consideration, and shall think ourselves happy, if, in a Question so perplexed with difficulties as this appears to be, We can suggest any thing, which may have the effect to procure peace and quiet, until a final determination can be had.

10 March 1757

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-[N. Y. Col. Docs., vii, 221.

Extract of the Journal of the Proceedings of the
Lords Commissioners for Trade and Plantations on
Tuesday the 29th of March 1757.

Their Lordships took into Consideration the Papers relating to the Dispute between the Provinces of New York and Massachusets Bay concerning their Boundary Line, and the Agents attending as desired,

'We have not been able to find a copy of this Report. - [P.

were called in, and their Lordships after having heard what they had to offer, and read and Considered the Grant to the Duke of York in 1663/4 and the Massachusets Charter granted in 1691; and also a Letter from Colonel Nicholls Governor of New York to the Duke of York dated in Novem: 1665, and a Report of the Commissioners appointed in 1665 to hear and determine certain points in Dispute amongst the New England Governm", which Papers are upon Record in this office, delivered it to be their Opinion, that a Streight line to be drawn Northerly from that point where the Boundary Line between New York and Connecticut Ends, at Twenty Miles distant from Hudsons River to another point at the same distance from the said River, on that line which divides the Provinces of New Hampshire and Massachusets Bay, will be a Just and Equitable Line of division between the said Provinces of New York and the Massachusets Bay, and M' Bollan being asked if he had any Objection thereto, desired time to consider of it, and that he might have their Lordships Opinion in writing; And also Copies of those Authorities upon Record, on which that opinion was founded, which was agreed to by their Lordships; and that Copies should likewise be given to M: Charles Agent for New York, and then the Agents withdrew.

-[N. Y. Col. MSS., lxxxiv, 47.

[REPRESENTATION OF THE LORDS OF TRADE TO THE KING.] To the KING'S MOST EXCELLent Majesty.

May it please Your Majesty.

Sir Charles Hardy, your Majty's late Gov' of the Province of New York, having, in several letters to us during his Administration, complained of the great prejudice which has arisen to your Majty service and Interest from the disputes, that have for a great length of time subsisted between that province and the province of the Massachusets Bay, concerning their true Boundary, or line of partition, on account whereof the settlement of that valuable part of your Maju territories has been obstructed, and the peace and good order of Govern' disturbed by many riots and outrages and even murder, committed on the Borders of the said provinces; We beg leave humbly to lay before your Maj" the annexed copies and extracts of the said letters and of the papers therewith transmitted.

These papers will inform your Majty of every particular relative to this matter, and of the steps which have at different times been taken thereupon. It will appear to your Majty, that endeavours have been used to bring the dispute to a proper determination and particularly

that in June 1754. Commissioners appointed, and authorized by each province, met and conferred in order to the settlement of a final Boundary. But each party stating his claim according to the descriptive words in the respective grant or Charter of each province, and the Commiss" of the Massachusetts Bay having no power to treat of a temporary line, they could not come to any sort of agreement; and if we may be allowed to judge of this transaction from events which have happened since, instead of operating as a Remedy to the evil, it has had a quite. contrary effect.

Upon a full consideration of this matter and of the little probability there is, that the dispute can ever be determined by any amicable agreement between the two Govern, it appeared to us, that the only effectual method of putting an end to it and preventing those further mischiefs which may be expected to follow, so long as the cause subsists, would be, by the interposition of your Maj's authority, to settle such a line of partition, as should, upon a consideration of the actual and ancient possession of both provinces, without regard to the exorbitant claims of either, appear to be just and equitable.

And we conceive it, the more necessary to rest the determination upon these principles, because We find, upon examining the Grant from King Charles the 2nd to the Duke of York in 1663 and the Royal Charter granted to the Massachusetts Bay in 1691, that the description of the limits of those grants, is so inexplicit, and defective, that no conclusive Inference can be drawn from them with respect to the extent of territory originally intended to be granted by them. We have therefore had recourse to such papers on Record in our Office, as might shew the Actual and Ancient possession of the Provinces in question and as it appeared by several of them, of dates almost as old as the said Grant, that the Province of the Massachusetts Bay had in those times been understood to extend to within 20 miles of Hudson's River, and that many settlements had at different times been made so far to the Westward by the people of that province; and as that evidence coincides with the general principle of the agreement between the province of New York and the Colony of Connecticut in 1683, which has received the Royal confirmation; We were of opinion, that a line to be drawn Northerly from a point on the South boundary-line of the Massachusets Bay, twenty miles distant due East from Hudson's River, to another point 20 miles distant due East from the said river, on that line which divides the Provinces of New Hampshire and the Massachusets Bay, would be a just and equitable line division between Your May provinces of New York and the Massachusets Bay.

But as a doubt might arise, whether such boundary could be established without the concurrence of the Massachusets Bay, the soil and

Jurisdiction of it being granted by Royal Charter, We thought proper to call before Us the Agents for the two provinces, in question, and to communicate to them such our opinion, and the authorities whereon it is founded. And the Agent for New York having signified to us, that he submits the settlement of the said boundary as a matter entirely in your May'' determination, and the Agent for the Massachusets Bay, having acquainted us, that he, on behalf of his constitutents, acquiesces in the above described line, We therefore beg leave humbly to propose to your Majesty, that you should be graciously pleased, by your order in Council, to establish the line herein before described, as a final boundary of property and Jurisdiction between the provinces of N. York and the Massachusets Bay, and to direct the Gov' of N. York, in conjunction with the Gov' of the Massachusets Bay, to settle the said boundary, agreeable to the aforesaid description, and to recommend it, each to the Assembly of his respective Govt to provide jointly and equally for the expence which may attend such settlement- Which is most humbly submitted.

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DUNK HALIFAX,

25th May 1757.

-[N. Y. Col. Docs., vii, 223.

JAMES OSWALD,

SOAME JENYNS,

W. SLOPER.

[LIEUT.-GOV. DELANCEY TO THE LORDS OF TRADE.]
New York. 30 July 1757

My Lords.

* * Your Lordships in the several papers which have been transmitted to you have a state of his Majesty's claim to the lands in controversy extending according to the grant to the Duke of York to Connecticut River; Your Lordships have also an account of the Offer of a line made by the Commissioners of this Province to those of Massachusett's Bay at Albany, by which a great part of a patent much above fifty years old was offered to be left within their Jurisdiction: this proposal though in my opinion highly advantagious to them was rejected, for my part I should be pleased with any line to fix the jurisdiction without prejudice to private property, even if it were fixed as far Westward towards Hudson's River as the present line of Connecticut; in short in these perilous times when we are contending with the common enemy for the whole, these fatal dissentions among ourselves should cease and harmony be restored, which I conceive may be effected by an order from His Majesty, in the nature of an Injunction to fix the line of

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