[COLONY OF CONNECTICUT.] An Act for Perfecting the Running of the Line between this Colony and the Province of New York. Passed May, 1718. Whereas, by virtue of a commission from this government bearing date May 8th, 1684, Nathan Gold, Jonathan Seleck, Daniel Sherman, John Harriman, Esq'rs, commissioners for this government, together with John Youngs, John Bell, Phillip Wells, Robert Vortlain, commissioners for the Province of New York, did, on the 13th day of October, in the year aforesaid, sign to a survey, which, by consent and order of each of the governments aforesaid, they made of the line dividing between the said Colony and Province, according to an agreement made between the said governments, bearing date November 28th, 1683; whereby it appears they begun the said line at the mouth of Byram river, and carried it, as that river runs, to a great stone at the wading place, where the road cuts the said river, and thence north north-west six miles and a half, and there marked three white oak trees; and from the said trees, at eight miles distance, run a parallel line to the Sound, which was allowed to be east north-east, twelve miles, and further on the same course one mile and sixty-three rods, and then further on the same course, viz., east north-east, three hundred and five rods more: Whereas it remains that the said line be perfected by running a line from the last mentioned station to the south line of the Massachusetts Province, which line is to be run parallel to Hudson's River, Be it therefore enacted by the Governour, Council and Representatives, in General Court assembled, and by the authority of the same, That William Pitkin, Jonathan Law, and Roger Wolcott, Esq'rs, and Capt. Joseph Wakeman, be Commissioners for and in behalf of this Colony, they or any three of them, taking with them such assistance as they shall think fit, to meet with such commissioners as are or shall be in like manner appointed for and in the behalf of the said Province of New York, and with them to proceed in carrying on the line parallel to Hudson's river, and erecting proper monuments thereon. And it is enacted, That the said line so to be finished and compleated, when it shall be perfected and finished in such manner, shall forever be and remain the dividend line between this Colony and that Province. -[Conn. Pub. Rec., 1717-1725, p. 56. [IN CONN. GENERAL ASSEMBLY.] October, 1718. The Governour having represented that his Excellency Governour Hunter has desired a meeting of some commissioners from this Colony, with such as he shall appoint from that government, at Rye, or Westchester, to consider what method may be best taken to compleat the running of the line between that Province of New York and this Colony, according to agreement formerly made, and confirmed by his late Majesty, King William, in Council, Ordered by this Assembly, That Peter Burr, Samuel Eells, and Jonathan Law, Esq'rs, or any two of them, be Commissioners on the part of this government, to attend at the aforesaid town of Rye to join with the gentlemen from New York, to perambulate the line where it has been already run, for the quieting the complaints and disorders of the borderers, and to consider what methods may be used for the proceeding with the divident line between the Governments, according to the said agreement, and to conclude on some certain time for the performance of it. * -[Conn. Pub. Rec., 1717-1725, p. 71; N. Y. Col. MSS., Ixix, 17. Then was read a Commission granted by his Excellency to Adolph Phillipse Caleb: Heathcott George Clarke Isaac Hicks and William Willet Esq" to meet Commissioners from the Colony of Connecticut on Wednesday next at Rye for Concerting measures to facilitate the Running the Division Line Betwixt the two Colonies according to the Tenure of the acts of assembly for that purpose which is approved of by this board & ordered to be recorded in the Book of Commissions -[N. Y. Council Minutes (MS.), xi, 551. [COMMISSION.] ROBERT HUNTER Esq' Captain Generall and Gov' in Chief of the To Adolph Phillips Caleb Heathcote George Clarke Isaak Hicks and William Willett Esq" REPOSING Especial Trust and Confidence in yo' Knowledge and Integrity HAVE Nominated Constituted and Appointed, and I Doe hereby Nominate Constitute and appoint you Commissioners for the Province of New York for Concerting Measures & Methods with Commissioners for the Colony of Connecticut To ffacilitate the Running the Division Line betwixt the Provinces of New York and Connecticut According to the Tenure of Acts of Assembly for that Purpose, You are therefore on Wednesday next to Repair to Rye and there to Concert Measures and Methods with the Commissioners of the Colony of Connecticut to facilitate the Running of the Division Line aforesaid According to the Tenure of the Acts of Assembly for that Purpose. You are to Carry with you a Coppy of such Part of the Act of Assembly of this Province as Concerns the Running of the said Division Line As Also an Extract from the Councill Books of this Province of his Late Majesty King Williams Order on the Report of the Comm" and Surveyors formerly named for Settling said Division Line. You are to Demand a Copy or a Sight of the Act of Assembly of the Colony of Connecticut past Lately for that Purpose, You are to Putt in Writeing on the spott whatever is Transacted by you and the Comm" of Connecticut and to Interchange Coppys of the Same when Examined, To Prevent Needless Disputes, Let anything that is Proposed by other side be Put in Writeing as also the Answer or Objection to it by the other Party if any such is offered or arises, You or any Two of you with Mr Faulconnier as Surveyor if you shall think it Necessary are to take a View of the Line so far as it was formerly Run from Byram River, So that you may be Able to Judge whether it was Run According to the Agreement upon which the Order Above Mentioned was founded And Report as you find it takeing with you a Good Instrument and What Else maybe Requisite on that Occasion. In case what is Material be agreed upon by both sides You are to Condescend upon any Particular time within Twelve Months after the Date hereof for the Running of the Line or Remainder of that Line which is to be hereafter the Partition Line between the Two Colonies, for Doing of all which this shall be a sufficient Authority and Commission GIVEN under my hand and Seal at ffort George in New York this Twenty Eighth Day of October in the ffifth Year of the Reign of our Soveraign Lord George by the Grace of God of Great Brittain ffrance and Ireland King &c Annoq" Domini 1718 RO: HUNTER -[N. Y. Commissions, in office of Sec'y of State, iii, 180; N. Y. Col MSS. (Draft of Commission), lxix, 16. [N. Y. COMMISSIONERS TO CONNECTICUT COMMISSIONERS.] GENTLEMEN At our meeting Yesterday morning wee Communicated to you the powers with which we came for concerting measures w you to facilitate the Running the division line betwixt your province and ours according to the Tenor of Acts of Assembly for that purpose, esteeming our Selves very happy in having a trust of Such great consequence committed to us, it being our hearty intentions So to treat of those affairs as might bring all matters to Such an Equitable and friendly determination that the partition lines between your Government and ours might bee run and ascertained to the Mutual Satisfaction of both.. but we cannot but Express our great surprise & concern to find you so Circumscribed by the powers given to you, as not to be at liberty to come to conclusion on any of those particulars which we yesterday debated and which will be found absolutely necessary to be determined before the lines can bee run, and we shall be very Sory, to have any occasion to remember you that fur want of sufficient powers from your Government the people inhabiting the borders of either Colony have been left in doubts to which they owe their obedience, and that from that uncertainty so Considerable number of his Majties Subjects in the part of his Dominions on this Continent should take a pretence of living independent of all Government However Gentlemen from the discourse we have had we hope you will indeavour to induce your Government to give you Such further powers for treating an determining all necessary preliminarys for Running the partitition lines mention'd as Soon as may be that that affair may be brought to an happy Issue and that you will make your application to your Gov' to get an Act past by your Assembly to the same Effect with that alredy past by ours, and herewith delivered to you, that those lines when run may be Conclusive to your province as by that act they are declared to be to ours. The ends proposed will be so advantagious to both Colonies and so highly necessary for the due administration of Justice that we do not doubt they will considered with all imaginable honor & Equity. We are with much respect Gentlemen y' most humble Servants Rye october the 31st 1718 To Peter Burr Samuel Eels and Jonathan Law Esq" Comm" on the part of Connecticut &c CALEB HEATHCOTE G CLARCKE ISAAC HICKS W WILLET. · [Endorsed]: Coppy of a Letter from the N. York Comiss" to the Comissioners of Conecticut. 31th Octob! 1718. -N. Y. Col. MSS., lxix, 19. [CONNECTICUT COMMISSIONERS TO N. Y. COMMISSIONERS.] Gentlemen We think we are not mistaken when we suppose y special occasion of this meeting to be y Troubles and Disorders of y Borderers. Nor when we understand That a bear Concerting of measures for y* Completing y whole Division Line or this part of it only will be a present or future Remedy. Nor when we are of y opinion, that a practical Runing of this part of y line viz: from y Rock to y' Oak trees markt & described in y° account of y° Survey would be an effectual Salvo for that End. Neither do we mistake your Comision, Gentlemen, as we apprehend under Correction when we take your Comission to be exclusive of all practical Performances. Nor when we say y essential part of y Trust Comitted to us is y° putting this matter (namely y runing of y' line where this Difficulty on y° Account of ye Borderers ariseth) into practice immediately. and not ye Consideration of any preliminary articles. Whence we Conclude That however such a misunderstanding has hap pened. That y° Disadvantage to our present Proceedings for removing y present Difficulties falls rather on your Commissioners (Gentlemen) than ours. And further we would represent to you Gentlemen, as we imagine, you will easily believe That we are very sorry, that it has so happened. And we are of y° same mind and Desire with your selves That such measures for yo future might be taken That y Comissions on both sides might be mutually known and agreed to before any meeting of Comissioners be appointed. Thus Gentlemen we subscribe our selves Your very humble Servants Rye Octob' 31 1718 -[N. Y. Col. MSS., lxix, 20. PETER BURR SAME EELLS JONTH LAW [N. Y. COMMISSIONERS TO GOVERNOR HUNTER.] May it please your Excellency In obedience to your Excellencie's commission, We went to Rye, and there met the Commis" from the Colony of Connecticut, to Whom we communicated such part of our powers, as We Judged necessary, as They likewise did Theirs to us, Whereupon we had several debates, concerning what we apprehended to be the principal end of our commission (viz) the concerting and fixing measures for running the partition lines between both colonies, but finding that their powers directed them chiefly to the perambulating the lines run in 1683, and gave them no |