Gentlemen. [IN N. Y. COUNCIL AND GENERAL ASSEMBLY.] August 29, 1739. The Governor of the Province of the Massachusetts Bay having sent me a vote of the Assembly of that Province and wrote to me himself Signifying his and their Desire to have the boundarys of the two provinces Settled by Commissioners I now lay those papers before you Hoping that you will enable me to defray the Expence of that work on the part of this province That the people of the Massachusetts may be confined within their proper Bounds The Peace on the ffrontiers preserved and the Inhabitants of those parts know more precisely to whom they owe their obedience, If you do this it will be necessary that a Law be past in each province to make the agreement of the Commissioners conclusive to both and when I know your Resolutions I will write to the Governor of the Massachusetts upon it GEO CLARKE Ordered, [In Council] That His Honour's Speech be taken into Consideration at the next meeting1 -[N. Y. Legis. Council Journal, p. 732. * [LORDS OF TRADE TO LIEUT.-Gov. CLARKE.] To Geo. Clarke Esq Sir, We have under our consideration what you mention in Your last of May 24th 1739 concerning the Boundaries of Your province, and as it is our Opinion that the people of the Massachusetts Bay have been too hasty in this affair, We have wrote to the Governor to have it adjusted in an amicable way by Commiss" agreable to his own proposals and in the mean time to take care to prevent any inconveniences that might arise to either of the Colonies by any Disputes about it. ** Whitehall Sepbr y 7th 1739. -[N. Y. Col. Docs., vi, 149. 'This, however, was not done, and the Session was soon thereafter brought to an end. —[P. [IN GENERAL ASSEMBLY.] Oct. 2, 1739. Mr. Speaker, by the Recommendation of the Lieutenant Governor, communicated to the House, a Letter from Jonathan Belcher, Esq Governor of the Massachusetts, to his Honour, dated the 17th of September last; which being read, Ordered, That the same be entered at large in the Journal of this House, and then returned to his Honour, being in the Words following, viz. SIR, This Post favours me with Your's of the 10th Instant, where I find your Honour had recommended the Affair of the Boundaries between this Province and New-York, to your Assembly; and that you hoped, they would enable you to defray the Expences of it, and you would then appoint Commissioners; But that you thought they would give their first Attention, to the putting your Province into a Posture of Defence; as what I have now wrote your Honour is not a new Thing, but what I have in the Course of nine Years past, been urging on one Governor and another at New-York, I hope your Assembly will not rise, without coming into what this Province, have so reasonably and so long requested of your Government; as I would by no Means countenance any Intrusions on the King's Lands, so neither would I discourage any of his Majesty's good Subjesty's of this Province, from settling the Land granted them by the Crown, for more than a Century past; and if after so many Applications from this Government, to that of New-York, for an Amicable Adjustment of the Boundaries betwixt them, they will not be persuaded to do what is so reasonable, and to preserve Peace and good Neighborhood; your People must be answerable, if any Inconveniences issue upon this Governments proceeding to settle such Lands, as they judge they have a just Right to; the Assembly of this Province is to sit the 19th Instant, and may so continue, while I may have your Answer; I would therefore again, desire your Honour to press your Assembly to comply with what you have moved to them upon this Head. I am, Sir, Your Honour's most obedient J. BELCHER. Boston, Sept. 17, 1739. -IN. Y. Gen. Assem. Journal, p. 762. 7 [IN COUNCIL.] December 17, 1739. * His Honour laid before the Board a Letter to him from Governor Belcher of the third December instant, which he wrote at the request of the Assembly there, respecting an adjustment to be made of the Boundaries betwixt that Province and this; which having been read & considered of, The Council advised his Honour to return for Answer, That he had laid that Affair before the Assembly but they have done nothing in it; The Council were of Opinion that his Honour do write to the Governor of Boston to appoint Commissioners for that Province to meet those whom his Honour should appoint on the part of this Province for the adjusting and finally settling the Limitts and Boundaries of both Provinces. And that the meeting of the Commissioners for both Provinces be about the middle of June next at Albany as a Place being the most Convenient & most equidistant from both. -[N. Y. Council Minutes (MS.), v. 19, p. 54. My Lords [LIEUT.-GOV. CLARKE TO THE LORDS OF TRADE.] New York Jan: 28. 170 * * * I have writ to the Governour of the Massathusets Bay about appointing Commissioners to settle Preliminarys for before we proceed to the actual running of the lines, if any are to be run, their pretensions ought to be examined, I have named Albany for the place of meeting as being near equal distance from Boston and New York, and have proposed the middle of next June to be the time, this I did not only as the Commissioners whom I shall appoint' will act on the behalf of His Majesty, theirs for the proprietors of the Soil of that Colony but like wise because their is no provision yet made by the Assembly of this Province for the expence now at the time of meeting which I have proposed two of them I shall appoint being Judges of the Supreme Court must be at Albany on their Circuit, and are willing to act in this affair without any reward, as yet I have not heard from Mr. Belcher tho it is above five weeks since I writ to him. * * GEO: CLARKE. -[N. Y. Col. Docs., vi, 159. We find no evidence that such Commissioners were actually appointed. — [P. [IN COUNCIL.] April 24, 1740. His Honor laid before the Board a Vote of the House of Representatives of the province of the Massachusetts Bay, appointing Commissioners on the part of that province to meet Commissioners on the part of this for compromising the affair of the boundary line between the two Governments and the Determination of the said Commissioners or the Major part of them signed, sealed and perfected with the Commissioners of the province of New York or the Major part of them should be for ever deemed & held good and valid by that Government provided the like power be given by the Governm of New York to their Commissioners which having been read The Council are of opinion that as the Soil of this province belongs to his Majesty His Honor cannot grant any power to the Commissioners of this province to make any agreen" the Comm shall enter into conclusive untill the same shall have first reced his Majesties approbation. * * -[N. Y. Council Minutes (MS.), v. 19, p. 67. May 4, 1752. The petition of Robert Livingston Jun! Esq: Owner and proprietor of the Manor of Livingston, lying in the County of Albany within this province, Setting forth (among other things) that he has lately met with several Disturbances by person's belonging to the province of Massachusetts Bay, surveying and locating part of his said Manor, by order of a Comittee of the General Court of that Colony, under pretence of its lying within the said Colony. And praying his Excellency to cause Application to be made to the said General Court, that they may not agree to the Transactions of the said Committee, and that all further proceedings in the premisses be stayed, until the true division Line be setled between the two Colonies. And that his Excellency would issue his Orders to the Justices of the peace in and near the said Manor, to cause such person or persons as shall (till such Settlement) under the pretence aforesaid, disturb the petitioner in his said possession, to be apprehended and committed, and to give such other Relief in the premises as shall be thought meet. Ordered that Copies of the said petition be served on the Surveyor General and the Attorney General of this province, and that they seperately make Report to his Excellency what they think Expedient to be done thereupon. * -[N. Y. Council Minutes (MS.), v. 23, p. 25. * July 3, 1752. * The Surveyor General's and the Attorney General's Reports'in pursuance of the Order of Council the 4th May last referring to them the Consideration of the petition of Robert Livingston Jun'. Esq' were Read. Also a Petition of the Owners and proprietors of a Tract of Land called Westenhook, granted by Letter Patent under the Seal of this province, bearing date the 6th day of March 1705, Setting forth, That in the year 1726 after several Letters had passed between the then Governour of this province, and the Colony of Massachusets Bay, It was ordered and agreed by both Governments, That all persons belonging to either Government, should be prohibited from any further Settlement near the dividing Line between the two provinces, and that all Actions then commenced against any of the people residing at Westenhook or Housatannuck, should cease, and they be put to no further Trouble in the Law until the said Affair should be setled. That the Petitioners had accordingly complyed with the said Injunction, But that the Inhabitants of the Massachusets Bay, did, not long after, settle in great numbers at Westenhook, and have since continued in Possession thereof, without any disturbance from the petitioners, or those under whom they claim. That no further Steps have been taken since towards setling the said division Line. And therefore praying that such Measures may be concerted for the final Settlement thereof and such Relief granted to the Petitioners as may be thought meet. Ordered that the said two Reports and Petitions be referred to a Committee of this Board and that they make Report with all convenient speed what they think expedient to be done thereupon. Mr Chief Justice De Lancey Chairman of the Committee to whom was referred the Petitions of Robert Livingston Jun! Esq, and the Partners of Westenhook, and the Surveyor General's and Attorney 'For a copy of these reports, see N. Y. Doc. Hist., lii, 437 (4° ed.); 730 (8°). Other papers relating to Livingston Manor, and the serious disturbances often referred to in these records, may be consulted in that volume.--[P. |