was said to have Granted the afores Province of New York; which Tree has ever since born the name of the Dukes Tree and is famously known by the s name, and is by the s Survey Considered, Stated and Esteemed to be twenty miles from Hudsons River; all which marks, and monuments have been ever since the s Survey, fixing of them, famously known, as they are at this Day.

And whereas His most Excellent Majestie King William the Third of Glorious Memory, did with the advice of His most Honourable Privy Council on the 28th day of March 1700, approve of, and Confirm the sa Agreement, and Survey, and the Line thereby Settled and Concluded, to be the Dividend Line between this Colony and the s Province, That is to say, did Ordain that the 8 Line, so far agreed, Run and Fixed, and a Parallel Line to Hudsons River, to be Run, and Fixed according to the s Agreement, should for ever be, and remain the Dividend Line, and Boundary between the sa Colony, and Province.

And whereas that part of the Line of Partition between this Colony and the Province of New York, which is to run Parallel to Hudsons River, has never yet been actually Surveyed, and fixed by Commissioners from Each Government, nor the Places through which the s Line should Run discovered, and distinguished, by proper monuments Erected in them; which has been a great Prejudice to the Plantations, and Towns within this Colony bordering on that Line, Occasioned many Disorders, and discouraged the setlements & Improvement of the Land in those Parts; Great Quantities of which under Colour of belonging to the Province of New York have been, and are Claimed by Several Persons of that Province, by vertue of certain Pattents, which they declare will Extend to a much greater Distance from Hudsons River, than the afores Parrallel Line to that River, as appointed to be Run and Fixed. And the Running, Stating and Erecting Monuments in the 8 Parallel Line being of Great Necessity to be done as Speedily as may be.

For the Preventing of all Such Inconveniences and Disorders, and that those that are or may be setled on or near the s Line, either in this Colony, or that Province, may be Incouraged in their Setlements, and have no Occasion of any Difference, for want of having the s Parallel Line of Boundary, between the Governments ascertained, and Sufficient monuments whereby It may be known Erected therein.

And whereas also many Applications made by the Government of this Colony, to the Government of that Province to obtain their Concurrence, in Runing and Stating the s Parallel Line have not prevailed. to obtain any Such Concurrence on their Part; But when Commissioners have been Authorized, on the Part & behalfe of this Colony, to attend the 8 work in Conjunction with such Commissioners, as on the part and

behalfe of s Province might be Impowered, to attend the s service; and when the Commissioners of this Colony, so Impowered have at Considerable Expence, Several times attended the same; The Commissioners appointed on the behalfe of that Province have by Several Difficulties alledged, Objections raised, hitherto prevented the Runing & Stating the s Parallel Line.

66

And whereas by an Act lately passed by the Government of the Province of New York, Intituled "An Act for paying & Discharging "several Debts due from this Colony to the persons therein named &c: There is a Paragraph in these Terms [" And whereas that Part of the "Lines of Partition and Division, betwixt this Province and the Colony "of Connecticut, which were to run Parallel to Hudsons River as "afores (Reference being therein had to the afores agreement, mentioned in a former Paragraph of the same Act) were never Actually "Surveyed and marked out, nor the places ascertained, or distinguished, "through which the sa Lines should Pass; and the marks of such parts "of the s Lines of Partition and Division, as were by the Surveyours "afores then Run, marked out, and distinguished, are by length of time "worn out, and by the Contrivances, and Practices of Evil disposed "Persons defaced or altogether taken away, So that without runing them "anew, the Places through which such Lines, did or should Run, are not, "nor cannot be discovered.]

'By which it appears that the Government of the s Province is determined not only, not to Concurr in the Runing the afores Parallel Line, but also as much as in them lies, utterly to make void, and destroy that part of the sa Division Line which according to the Agreement afores was Actually Run, and Fixed, and Confirmed by His late Majestie King William as afores under Colour that It cannot now be discovered, what Places the s Part of that Line of Division was stated to Run thorow, tho many of the s Places, are in their Nature Such that no Art or wickedness of men can Alter or Remove, and the Rest appear by Incontestible Proof, and Evidence to be and Remain, and are famously known to this Day.

And whereas by several other Clauses in the s Act it is Evident that the Government of the s Province is not willing to stand, & abide by the s Part of the Division Line, so Run & marked as afores according to the true Intent of the s Agreement, but are determined to Endeavour the Destruction of what has been already done Pursuant thereto, thô Confirmed by His Majestie King William as afores (in the year 1700).

And whereas, therefore It may well be thought that any farther Applications to thes Government to obtain their Joyning with us, in Causing the s Parallel Line from the s Dukes Tree, to be Run,

and monuments Erected therein, will be as the former utterly Fruitless.

Be It therefore Enacted by the Governour, Council & Representatives in General Court Assembled; That the Agent of this Colony Jeremiah Dummer, Esq do in Our Name and behalfe Humbly Supplicate Our Sovereign Lord King George, that His Majestie would be Graciously pleased to Order the Government of the s Province of New York, that they should Joyn with us in the Runing, Stating and Fixing the s Parallel Line, according to the true Intent and meaning of the sa Agreement and Survey; That is to say, from the s Tree at the End of the fourth Line concluded upon in the s Agreement, marked and known by the name of the Dukes Tree, 'till It shall Extend to the south Line of the Province of the Massachusets Bay, to be and remain in that Part the perpetual Boundary between this Colony & that Province; as in the other part the Line from Lyons Point to the s Dukes Tree, at the End of the fourth Line, mentioned in s Agreement is, and ought to be; and that a Copie of this Act be transmitted to the s Agent for the same End; And that It may nevertheless appear how desirous we are of an Amicable Composition of this matter with the Government of New York, before the transmitting of this Act to our Agent.

It is hereby further Enacted by the Authority afores that a Copie of this Act attested with the publick Seal of this Colony be forthwith transmitted by the Governour, to His Excellency William Burnet Esq Governour of the s Province of New York, together with a Letter desiring if It may be, That Commissioners with a Surveyour on the Part of the Province of New York may be appointed to Joyn Commissioners with a Surveyour, to be appointed on the part of this Government, to Run and mark out the s Parallel Line.

And It is further Enacted that if the Government of the s Province shall thereupon at any time within two months after the last Day of this Instant May, think fit, and appoint Commissioners, and a Surveyour fully Impowered, in Conjunction with Commissioners, and a Surveyour in like manner to be appointed and Impowered on our Part, So to run & mark out the s Parallel Line of Division between the Governments, and give notice thereof to the Governour of this Colony. That then the Governour of this Colony for the time being, by and with the advice and Consent of the Council Shall appoint Commissioners with a Surveyour, on the part of this Government, and give them a Commission under the Seal of this Colony, fully enabling them in Conjunction with Commissioners & a Surveyour appointed and in like manner Impowered by the Government of the Province of New York, to run the s! Parallel Line, and set up Marks and Monuments therein in all suitable Places thrô which the s Parallel Line shall Pass.

And the s Parallel Line So Run & Marked out as afores shall for ever be and Remain in that Part the Line of Division or Boundary between this Colony and the Province of New York; as the Line already Stated and marked out in the other Part viz! from Lyons Point to the Dukes Tree, is already appointed to be and Remain.

And It is further Enacted, that upon the neglect or Refusal of the Government of the Province of New York to agree with us, in the Runing & Fixing the sa Parallel Line as is above Expressed, the Agent of this Colony shall have this Act transmitted to him without Delay, and be directed to use his utmost Endeavours to Obtain His Majesties most Gracious Order for the Runing & Fixing s Parallel Line, that the Improvement of the Lands bordering on the s Line may no longer remain under such Discouragement, and that His Majesties Subjects in those Borders of this Colony, and the Towns which we have setled there, may be quieted in their Just Properties and Improvements. A True Copy of Record

Exam

THOS. WYLLYS Secret'y

Att a Generall Assembly

Holden at Hartford May

y 9th Anno Dom - 1723

-N. Y. Col. MSS., lxix, 24; Conn. Pub. Rec., 1717-1725, p. 382.

[IN N. Y. GENERAL ASSEMBLY.]

June 28, 1723.

Upon reading an Act, passed in the Colony of Connecticut, the 9th Day of May last, relating to the Division Lines between that Colony and this, and finding not only Matters of Fact misrepresented, but also a Charge upon this Government, as if they had evaded the running and perfecting of the said Lines, though the contrary doth and may appear, as well by two several Acts of the General Assembly of this Colony, as by the Endeavours used on the Part of this Government, in Consequence of those Acts.

It is the Opinion of this House, That a Committee to be named by them, who in Conjunction with a Committee of the Council, should make their Observation upon the Act first mentioned, and lay the same before this House.

Ordered, That Mr. Speaker, Col. Morris, Mr. Philipse, Capt. Jansen, and Col. Provoost, or any 3 of them, be a Committee of this House, for that Purpose; and that the Speaker desire his Excellency, that he will

be pleased to appoint a Committee of the Council likewise, for the Purpose aforesaid.

-[N. Y. Legis. Assem. Journal, i, 497.

[IN COUNCIL.]

New York, June 28, 1723.

Ordered That Cap: Walter M: Clarke M! Harison Doctor Colden and M: Morris Jun! or any three of them be a Committee to Join a Committee of the House of Representatives for the purposes in the said Message, and that the said Committee do meet to morrow at Three in the Afternoon at the House of Mr. Bonticow in this City.

-[N. Y. Council Minutes (MS.), xiv, 188.

August 15, 1723.

HIS EXCELLENCY laid before this Board the Report of y Committee of Council and the Commitee of the General Assembly directed to make their Observations upon An Act of the Colony of Connecticut past in their Assembly the Ninth day of May last for Compleating and perfecting the Line of Division between that Colony and the province of New York which being read was approved of by this Board and follows in these Words.

THE Committee of the Council, and the Committee, of the General Assembly (appointed to joine the said Committee of the Council during the adjournment of that House) being severally directed to make their observations upon an Act of the Colony of Connecticut past in their Assembly the nineth Day of May in this present year one thousand Seven hundred and twenty three Entituled "An Act for compleating "and perfecting of the Line of Division between this his Majestys Colony "of Connecticut and the Province of New York, which was begun, and "in part fixed and Established in the year 1683, and 1684, the remaining "part of which Line (notwithstanding many Endeavours to have it Run, "and Monuments therein erected in Conjunction with the said Province "have been since used, and Acts passed by the Assembly of this Colony, "and by vertue thereof Commissioners sent to attend that Service with "Such Commissioners as should be appointed by the Government of that "Province for the same service) continuing yet to be Surveyed and fixed by Monuments to be Erected therein. Doe humbly Report that they have duly and Impartially Examined and Considered the same: and that