The Calendar of N. Y. Historical Manuscripts (English) contains, p. 817, this title,

"1773 May 5. Act passed by the General Assembly of Massachusetts,

Sir

to appoint commissioners to settle a line of jurisdiction between that province and the province of New York," and refers to N. Y. Col. MSS. xcix, 118, for the act itself, which, however, is missing from its place.'

[GOVERNOR TRYON TO GOVERNOR HUTCHINSON.]

New York 27th August 1773.

I have communicated to his Majesty's Council your Letter of the 5th of July signifying the Resolution of your Government to join with this in running out and marking the Line between the two provinces agreed on by the Commissaries at Hartford - They entirely approve of the Measure and have advised me to appoint proper Persons on the part of this colony for carrying it into Execution.

Your Excellency having left it to me to fix the Time, I think the 11th of October will be a convenient Season to begin the Work — and shall desire Mr Nicoll one of our Commissaries to meet Major Hawley on the spott, either on that Day or any other most agreable to you, to see the Survey duly performed; I propose appointing Mr Banker as our Surveyor who was present at Hartford and shall give him Directions to proceed on the Busin's in Conjunction with your Surveyor at the time agreed on

His Excelley Governor Hutchinson.

[Endorsement.] Draft Letter from Governor Tryon to Governor Hutchinson.

-[N. Y. Col. MSS., c, 1.

Sir

New York 27 August 1773.

His Excellency the Governor having yesterday proposed in Council the appointment of proper Persons to run and mark out the Line agreed on by the Commissaries at Hartford; in Conjunction with those named in the inclosed Letter on the Part of the Government of Massachusets Bay, the Board came to a Resolution that you should be requested to attend on the part of this province to see the Work duly performed, with which I was directed to acquaint you, and his Ex" hopes it will A copy of this act has been found in the N. Y. Hist. Soc. Collections, 1869, p. 319. [P.

1

not be inconvenient you to proceed on this Service and to meet Major Hawley upon the Spott on that Day I am

On the 6th instant I sent by Post, the copy of your letter of the 26th of August, to Major Hawley. I have no reason to doubt of his attendance at time and Place and I have desired him to correspond with Mr Nicoll. I suppose there is nothing further requisite from you or me in that affair until they make their return.

I am with very great esteem

His Excellency Governor Tryon

Your Excellency's most

obedient humble Servant

THO HUTCHINSON

[Endorsement.] 1773 Sep 20. Read in Council.

-[N. Y. Col. MSS., c, 7.

[REPORT OF MESSRS. NICOLL AND BANCKER.]

The Report of William Nicoll appointed to Superintend the running out and marking the Boundary Line between the Colony of New York and Massachusets Bay, and of Gerard Bancker Surveyor appointed to run out and mark the same, in conjunction with such persons as should be authorized for that purpose on the part of the Massachusets Bay.

Monday the 11th October being the Day appointed by his Excellency Governor Tryon and Governor Hutchinson for the meeting to run the Line, we accordingly attended at the North West Corner of the Oblong, the Massachusets Gentlemen were not there, but that Evening Major Hawley sent word, that he was to lodge about six Miles North of it, and would meet us on the Spot the next Morning. We accordingly met at the Monument put up for the North West Corner of the Oblong which was shewn by Cornelius Brusee of New York Government and Jacob Spoor of the Massachusets Bay, who severally declared on Oath that they were present at the erecting it about the year 1731. it

was a small Heap of Stones and a Stake marked on the South and West

Sides &
Post with the old Stake and marked it 8 Å

we enlarged the Heap of Stones, and put up a Red Cedar
Y. M.

Major Hawley brought with him David Ingersoll and Elijah, Dwight Esquires two Justices who swore the Surveyors Miller and Bancker as well as the Chainbearers to perform the Service without any Fraud, Deceit or Sinister Views whatever; this being done, we produced our Commissions, Major Hawley in return shewed us a Copy of a Minute of Council of the 17th June signed by his Excellency Governor Hutchinson, in which after thanking their Commissaries for settling the Line, they appoint Major Hawley to see it run and marked, and impower the Governor to appoint a Surveyor and the necessary Assistants; and a Letter from the Governor to Major Hawley acquainting him that he had appointed M. Miller to survey and run the Line.

The Surveying Instruments were then produced, and on comparing them it was found that the, Massachusetts Instrument would run the Line considerably more East than our Instrument, whereupon Major Hawley proposed that the Mean of the Difference of the two Instruments should be taken and used, which was agreed to. The Massachusetts Gentlemen chose their Instrument should be used, we consented, and that Afternoon went about 25 Chains; the next Morning they chose to go back to the Oblong Corner and examine the Course that had been run, in doing which we discovered a Defect in their Instrument, on which they agreed that ours should be used in preference to it, the Survey went on with our Instrument for about six Miles, but finding the Needle frequently affected by Minerals, the Massachusetts Gentlemen expressed a Doubt whether we had continued on the true Course, it was here tryed on low Land, where w did not apprehend there was any Attraction, and after correcting a back Monument or two, and satisfying both Sides, it was agreed to run by Stakes and back Sights only, (as we found the Needle so often affected as not to be depended on) for this purpose we used the Telescope of their Instrument, and went on as far as the Kinderhook Road which is about eleven Miles from our beginning, it then occurred to them that a Line run thus by Stakes would incline more Easterly than a Line run by the Needle, as the Needle by an increase of the Variation in going on, would form a Curve Line inclining Westerly, but after considering the Difference that this would make, it was agreed that a Straight Line should be continued. by Stakes, and that our Method of running the Line should be particularly described in the Report that was intended to be made at finishing the Business.

Upon this Major Hawley finding the Survey going on to his Satisfaction, left us and went home for six Days, but on the second Day after his Return, when we had gone about twenty Miles from the Oblong Corner, he objected to the Line as it had been run, alledging that the Course we had run was too much East, and that the Line run by Stakes was not the Line intended by the Hartford Agreement,' and insisted on altering the Course from the beginning, he was put in mind that the difference between a Line run by Stakes and one run by the Needle had before been considered, and ought not to be raised as an Objection, but to no purpose: M Nicoll urged him to have the Line continued in the Manner it had been run thus far, and to report it to the Commissaries of both Governments, particularly describing the Manner of running it, on which they might hereafter determine, as the final Settlement of the Line after the Royal Approbation to the Hartford Agreement' was obtained, is left to them, but this was refused: It was then Offered to him to begin at the Kinderhook Road, about eleven Miles from our beginning, (where we had proved our Course was right by trying it with the Compass which M'Yates used in making the Survey of Hudson's River which was laid before the Commissaries at Hartford.) and endeavor to Ascertain what a Line run by Stakes would differ from a Line run by the Needle, and from thence forward make the Offsets from our Monuments agreeable to their plan, but this was also refused and he would not agree to go on any further unless we would alter the Course and compute the Offsets from the Beginning, and here the Business stopped.

New York 5th November 1773.

W. NICOLL
GERARD BANCKER.

-[N. Y. Col. MSS., c, 32; N. Y. Hist. Soc. Coll'ns, 1869, p. 325

[COMMONWEALTH OF MASSACHUSETTS.]

AN ACT for the appointing and impowering Commissioners, on the Part of this Commonwealth, in Conjunction with such as are or may be appointed by the State of New-York, to ascertain the boundary Line between the Commonwealth and State aforesaid, Eastward of Hudson's-River.

[Passed June 4, 1784.]

WHEREAS in the year One thousand seven hundred and seventy-three, a boundary line on the eastern extremity of the late Province, now State of New-York, and extending from the southern to the northern

For copy of said "Hartford Agreement," see vol. i, part i, of this Report on Boundaries, pp. 211-213 (Sen. Doc., 1873, No. 108).—[P.

boundary of the late Province, now Commonwealth of Massachusetts, was mutually agreed upon by Commissioners appointed and authorized for the said purpose, by the legislatures of the said Provinces respectively: And whereas it appears that the said line has never been ascertained pursuant to the said agreement:

Be it therefore enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, that Joseph Hawley, Caleb Strong, Timothy Edwards, and Theodore Sedgwick, Esquires be, and they hereby are appointed Commissioners on the part of this Commonwealth, for the ascertaining the line aforesaid; and the said Commissioners, or any three of them, are hereby authorized and impowered to meet such Commissioners as are or may be appointed, and vested with similar powers for the above purpose by the Legislature of New York, and in conjunction with them to ascertain, run, and mark the said boundary line; which line, when so ascertained, shall forever afterwards be held and considered to be the true and just boundary line of jurisdiction between that part of this Commonwealth, and the State aforesaid.

And it is further enacted, by the authority aforesaid, That the Commissioners aforesaid on the part of this Commonwealth, or any three of them, are authorized and empowered to employ a surveyor or surveyors, and a sufficient number of chainbearers, to ascertain the said line as aforesaid; and in conjunction with such Commissioners as are or may be appointed by the legislature of New-York as aforesaid, to agree upon and confirm the titles of individuals to such lands as they may now respectively hold, in virtue of any grant or grants made by either of the said governments, upon such terms and in such manner as they may judge reasonable.

And it is further enacted, by the authority aforesaid, That the Commissioners aforesaid on the part of this Commonwealth, shall, prior to their proceeding on the business herein assigned them, receive a commission from the Governor with the seal of the Commonwealth thereto affixed, agreeable to the powers with which they are vested in and by this Act.

And be it further enacted by the authority aforesaid, That an act passed by the Legislature of this Commonwealth, on the eighteenth day of March last, bearing the same title with this act, be, and hereby is repealed and rendered null and void.1

-[Mass. Laws, 1783-89, i, 131.

This act of March 18th, nearly identical with the one quoted above, has an error of date in the preamble ("one thousand seven hundred and seventy-two," of which the word "two" should have been three), and omits the words "by the authority aforesaid," in the second and third enacting clauses. -[P.