Jurisdiction till the Provinces can be better able or more willing to defray the expence of suing out a Commission to determine the rights of all concerned. But as the sueing out such Commission in Great Britain, the carrying it into execution here and getting the merits finally determined upon appeal to His Majesty must inevitably take up much time, during which many disorders may be committed, it seems to me it would be a great and apparent defect in our constitution, if the King, who is the fountain of Justice & the Great conservator of the peace among his Subjects could not legally interpose in cases of this kind by fixing some temporary line of jurisdiction, so as the contending parties might in the mean time know where to resort for justice, & to what authority they were to submit. -[N. Y. Col. Docs., vii, 273. * * JAMES DELANCEY. New York 15 October 1757. My Lords * While Gov' Pownall was here at New York I told him I had heard that Your Lordships had delivered it as Your Opinion that a straight line to be drawn Northerly from that point where the boundary line between New York and Connecticut ends at twenty miles distant from Hudson's River to another point at the same distance from the said River on that line which divides the Provinces of New Hampshire & Massachusetts Bay, will be a just and equitable line of division between the said Province of New York & Massachusetts Bay and we had some discourse how we should carry it into execution and I told him, if his Government would come into it I should make no difficulty to cooperate with him on the part of this Province, put an end to the disputes & adjust in friendship our division line according to Your Lordships opinion, which I am persuaded we shall do amicably -[N. Y. Col. Docs., vii, 334. * * JAMES DE LANCEY. My Lords, [LIEUT.-GOV. COLDEN TO THE LORDS OF TRADE.] New York 20 January 1764. Massachusetts Bay hath nothing I humbly conceive to urge in support of their claim to a twenty mile line east of Hudson's River, but a possession gained in opposition to the letter and spirit of their grants from the Crown, thro' the inattention of this Govern'. This argument may in equity entitle individuals to a confirmation from the Crown, of the lands they actually posess, rendering to His Majesty the usual quit rent reserved in this province, but cannot be offered as conclusive on the part of the Crown, neither can it with justice, I think be extended to the case of those Inhabitants of New York, who hold lands Eastward of a twenty mile line, the lands being at the time they obtained their grants, vested in the Crown within the express limits of the Province of New York, and not within the Grants on which the Massachusetts Bay found their Claim. Mr Banyar Deputy Secretary brought to the House a Message from his Honor the Lieutenant Governor Gentlemen * The desirable Effects which must result from this salutary Measure [an act relative to the New York and New Jersey Partition Line], call for the like Provision on your Part, in order finally to ascertain and determine the Boundary between this Colony and the Province of the Massachusets Bay. A Matter long contested, and which has been productive of frequent Riots and Disorders, to the Disturbance of the publick Peace: and the Injury of private Property, I therefore earnestly recommend this as an Object highly deserving of your Consideration. CADWALLADER COLDEN. -[N. Y. Legis. Council Journal, p. 1543. [LIEUT.-GOVERNOR COLDEN TO THE LORDS OF TRADE.] My Lords, * New York. 7. Nov' 1764. * * At present it may be proper to inform your Lord that, on my recommendation by Message, an Act is passed, for finally determining the disputes between this Prov" and Massachusets Bay, respecting the Boundary between them. -[N. Y. Col. Docs., vii, 676. * * * CADWALLADer Colden. CHAP. MCCL. An ACT for facilitating the Settlement of the Partition Line between the Colony of New-York and the Province of the Massachusets-Bay. Pass'd the 20th October, 1764. WHEREAS it is highly necessary that the Boundaries between neighbouring Colonies should be ascertained, not only for their internal good Government, by the Establishment of their respective Jurisdictions, but for the Preservation of a mutual good Understanding and friendly Intercourse between them. And whereas a Controversy prejudicial to private Property, and productive of frequent Mischiefs and Disorders, hath long subsisted between this Colony, and the Province of the Massachusetts-Bay, with respect to their several Limits: To the End therefore, that the Boundary or Partition Line between them, may be finally adjusted and firmly established, I. BE IT ENACTED by his Honour the Lieutenant Governor, the Council, and the General Assembly, and it is hereby Enacted by the Authority of the same, That all and singular the Messuages, Lands, Tenements, and Hereditaments, and all Right, Title, Interest and Property, in and to the same, which are held or claimed by any of his Majesty's subjects by Virtue of any Grant or Grants, under the great Seal of this Colony, and are, can, shall, or may be in any wise affected by the said Controversy, concerning the Boundary or Partition Line between this Colony and the Province of the Massachusetts-Bay, are hereby fully and absolutely to all Intents, Constructions, and Purposes in the Law whatsoever, submitted, and made subject to such Method of Decision, as his most gracious Majesty shall think proper by his Royal Commission, or otherwise to institute and appoint for the final Settlement and Determination of the Boundary or Partition Line between the said Colony and Province; * * * AND to the End that sufficient Provision be made on the Part of this Colony, for Payment of the one equal half Part of the joint Expence to accrue on the final Settlement of the said Controversy, and the Boundary Line between the said Colony and Province, and also for paying the particular Expences that shall or may accrue on the Part of this Colony, in prosecuting the said Controversy to a final settlement; II. BE IT ENACTED by the Authority aforesaid, That Robert R. Livingston, Abraham Ten Broeck, Benjamin Seaman, Leonard Lispenard, William Smith, junior, William Livingston and Philip Schuyler, Esquires, or the Majority of them, or the Majority of the Survivors of them, are hereby nominated and appointed, Agents to manage the said Controversy on the Part and Behalf of this Colony; and also that the said Managers, or the major Part of them, and the major Part of the Survivors of them, shall, and are hereby authorized to pay, lay out, and expend from Time to Time, from and out of the Public Monies in the Treasury of this Colony, all of such Sum and Sums of Money as shall from Time to Time be necessary to defray, as well the One-half of the said joint Expence, as the particular Expences aforesaid: PROVIDED ALWAYS, That * * if his Excellency the Governor, or the Commander in Chief for the Time being, and the Council, and General Court or Assembly of the said Province of the Massachusets-Bay, do not within one Year next after the Publication of this Act, pass an Act for submitting and subjecting all the Meffuages, Lands, Tenements and Hereditaments, and all the Rights, Titles, Interest, and Property thereof, held or claimed by any of his Majesty's Subjects, as being and lying within the said Province of the Massachusetts-Bay, to the same Method of Decision, and to be bound and determined in such Manner as in and by this Act is mentioned and directed, concerning Lands held or claimed by any of his Majesty's Subjects by Virtue of Grants under great Seal of this Colony; * -[N. Y. Laws (Van Schaack), p. 446. IN GENERAL ASSEMBLY.] November 13th, 1766. May it please your Excellency. Your Excellency's care to settle the boundaries between this Colony and Quebec will probably prevent many mischievous consequences which might otherwise arise from the neglect of a thing of that importance. And for like reasons we shall be ready to contribute all the assistance in our power to enable your Excellency to settle at least a temporary line of jurisdiction between this Colony and the Province of the Massachusetts Bay. The settlement of the Boundaries of the several Counties in this Colony, where they are in any manner uncertain, we look upon as an object deserving the most serious attention of the Legislature, and absolutely necessary to peace, order, and the due execution of the powers of government. * * -[N. Y. Gen. Assem. Journal (MS.), in N. Y. State Library (volume procured from Geo. H. Moore, to complete the set). Sir [EARL OF SHELBURNE TO GOVERNOR MOORE.] Whitehall Dec' 11. 1766. As information was received as well from you as from Major Gen' Gage that the Insurrections in Albany and Duchess County had been wholly quelled and several of the Delinquents brought to Justice, it was hoped that those disturbances had entirely ceased, and that all causes of future dissensions on this occasion had been removed, and particularly that the differences between the two Provinces of New York and Massachusets Bay, had received an amicable adjustment, but late accounts from Boston give room to apprehend that an event which ought be so desirable to both Provinces has not yet taken place The disturbances which have arisen between the borderers of both Provinces are of a nature not to be suffered. It is to be hoped that the rigths of the Parties were very well considered and ascertain before the Military Power was called in to the aid of the Civil. The Exigencies ought to be very pressing indeed which can justify such a kind of decision, it being very seldom that moderate measures are not more eligible as well as more effectual than Force. The complaints of the Massachusetts Province on behalf of the Inhabitants lying to the Westward of the Line, reported by the Lords of Trade as the Boundary of the two Provinces are very urgent for redress, and there is room to apprehend the Sheriff of Albany may have exceeded if not his legal Powers at least the bounds of discretion It is recommend that a speedy and amicable adjustment of this matter may soon take place, I have recommended it particularly to M2 Bernard, as I do to you, that the most effectual measures may be taken to settle every difference relative to the Boundaries of your respective Colonies by Commissioners appointed from each for that purpose, if men of sound understand and moderate Principles are chosen for that purpose, they will easily surmount any difficulties which may arise for equity and a regard as well to public tranquillity as to private Property, which will teach them to make concessions on both sides and remove by a generous manner of acting, the cause of any future dissensions between the two Provinces; If this can not be effected you will then, Sir, take care to transmitt to me for His Majesty's Information, a full and authentick narrative of the ground & Progresses of those differences, carrying your account as far back as you can procure proper vouchers to support it, that the whole of this affair may be considered and determined here In the mean time it will be your care that the Inhabitants lying Westward of the Line reported by the Lords of Trade as the Boundary of the two Provinces be not molested on account of the Territorial differences, or disputed Jurisdictions for whatever province the settlers may be |