From that period it has remained in the possession of the English, and the Duke of York on the 29th of June 1674, obtained a new Grant from the King, of all the Territories included within the former Letters Patent in 1663 4.

During the life of King Charles the Second, the Duke of York as proprietor of the Soil, passed many Grants (by his Governor) in Fee, and since his accession to the Throne, Grants have continued to issue under the Great Seal of the Province, in consequence of the Powers given the several Governors by their Commissions and Instructions from the Crown-Two instances only occur of Grants or Letters Patent for Lands under the Great Seal of Great Britain.-One to Sir Joseph Eyles and others on the 15th May in the 4th year of His late Majesty King George the Second for a Tract of 62,000 acres, called the Equivalent Land from its having been ceded to New York by the Colony of Connecticut (on the settlement of the boundary between the two Provinces) in lieu of a like quantity yielded up to Connecticut by the Province of New York-The other lately, to Sir William Johnson Baronet-The Lands granted to Sir Joseph Eyles and his associates are not possessed by them or their assigns, Letters Patent under the Great Seal of the Province of New York having passed to others for the same Lands, before it was known here that the Royal Grant was obtained; and the Lands are now in possession of the New York Patentees or their assigns.'

These are all the different modes by which the Inhabitants have derived any legal Titles to their Lands within the Limits of this Province, whence it appears that all their lawful titles to Lands in Fee, except in cases of old Dutch Grants unconfirmed, originated from the Crown either mediately thro' the Duke of York before his Accession to the Throne, or immediately by Grants under the Grea Seal of Great Britain or of this Province.

1 This tract, otherwise called "The Oblong," lies along the eastern line of Putnam and Dutchess counties, extending from the north line of Cortland Manor to about the south bounds of Livingston Manor in Columbia co., as laid down in Le Rouge's Map of the Prov. of N. Y.; also in Sauthier's Map of New York, 1776, 1779. Further particulars regarding the controversy may be learned by reference to Book of Patents xi., 1.; Deed Books xiv. 133; xvii., 457, 471. (in Bec.'s Office.) Also Smith's History, ed. 1829-30. i., 285-288; ii., 13, 29.

Purchases from the Indian Natives, as of their aboriginal right have never been held to be a legal Title in this Province, the Maxin obtaining here, as in England, that the King is the Fountain of all real property, and that from this source all real Titles are to be derived.

Question No. 4.

What Rivers are there and of what Extent & Convenience in point of Commerce?

Rivers.

Answer.

Hudsons River is the only Navigable River in the Province, and affords a safe and easy Passage for Vessels of Eighty Tons Burthen to the city of Albany, which is about 180 miles from the sea-It has already been mentioned that it extends nearly to the Latitude of 45-but the Navigation, except for small Vessels terminates at or near that City.-To the Northward of Albany about Ten Miles this River divides. The Western Branch which (above the Great Cahoo Falls) is called the Mohawk River, or the Mohawk Branch of Hudson's River leads to Fort Stanwix, and a short cut across the carrying Place there might be made into Wood Creek which runs into the Oneida Lake, and thence thro' the Onondaga River into Lake Ontario.

The other Branch being the continuation of the main River tends to Fort Edward, to the North of which it seems practicable to open a passage by Locks &c. to the Waters of Lake Champlain which communicate with the River St. Lawrence, passing over the Falls at St. Johns.

Both Branches are interrupted by Falls and Rifts, to surmount these obstructions an Expense would be required too heavy for the Province at present to support, but when effected would open a most effective inland navigation, equal perhaps to any as yet known.

Between Nassau or Long Island and the Continent the greatest Distance scarcely exceeds Twenty Miles. Near the City of New York it is less than one Mile, and is there called the East River, and from thence bears the appellation of the Sound. The River and Sound afford Navigation for Vessels of any Burthen towards the Collonies of Connecticut, Rhode Island and the Massachusetts

Bay, in some degree hazardous however at the noted place distinguished by the name of Hell Gate about six Miles East of the City of New York.

Connecticut River where it divides this Province from New Hampshire is included within the Limits of the latter.

Question No. 5.

What are the Principal Harbours, how situated and of what extent; and what is the Depth of Water & nature of Anchorage in each ?

Harbours.

Answer.

There is but one principal Harbour which is the Port of New York being that part of the East River fronting the City and lying between that and Long Island.-The Harbour is in length from the North East to the Southwest about two miles, and its Breadth across to Long Island about one mile. The Depth of water from Four to Eight Fathom, tho' at some places no more at low Water than Ten Feet. In Nip Tides the Water rises about Four Feet and an half, at the Full and Change of the Moon, Six, and if at those Seasons a strong Easterly Wind prevails the rise of the Tides increase to Eight Feet. The Anchorage is good in a bottom of mud; there is only one remarkable Reef of Rocks about mid-channel, half a mile within the Entrance; And the Harbour being shelter'd in front by Long Island; to the East by a sudden bend in the River; and to the West by Nutten Island ; Vessels during the hardest Gales ride in great safety, and are only incommoded a few days in the Winter by the floating Ice.

The Map in the Appendix marked No 3, presents a full view of the Harbour, the situation of Sandy Hook, and shews the Depth of Water from thence up to the Port.'

Question No. 6.

What is the Constitution of the Government?

Constitution of the

Answer.

By the Grants of this Province and other TerritoGovernment. ries to the Duke of York in 1663|4 and 1674, the powers of Government were vested in him, and were accordingly

1 None of these Maps are in the London Documents. A copy of Sauthier's large Map, reduced one-half, engraved especially for this Vol. will be found at the end of this Report.

exercised by his Governors until he ascended the Throne when his Rights as Proprietor merged in his Crown, and the Province ceased to be a charter Governm1

From that time it has been a Royal Government, and in its Constitution nearly resembles that of Great Britain and the other Royal Governments in America. The Governor is appointed by the King during his Royal Will and pleasure by Letters Pattent under the Great Seal of Great Britain with very ample Powers. He has a Council in Imitation of His Majesty's Privy Council.This Board when full consists of Twelve Members who are also appointed by the Crown during Will & Pleasure; any three of whom make a Quorum.-The Province enjoys a Legislative Body, which consists of the Governor as the King's Representative; the Council in the place of the House of Lords, and the Representatives of the People, who are chosen as in England: Of these the City of New York sends four.-All the other Counties (except the New Counties of Charlotte & Gloucester as yet not represented) send Two.-The Borough of Westchester, the Township of Schenectady and the three Manors of Rensselaerwyck, Livingston and Cortlandt each send one; in the whole forming a Body of Thirty one Representatives.

The Governor by his Commission is authorized to convene them with the advice of the Council, and adjourn, prorogue or dissolve the General Assembly as he shall judge necessary.

This Body has not power to make any Laws repugnant to the Laws and Statutes of Great Britain. All Laws proposed to be made by this Provincial Legislature, pass thro' each of the Houses of Council and Assembly, as Bills do thro' the House of Commons and House of Lords in England, and the Governor has a Negative voice in the making and passing of all such Laws. Every Law so passed is to be transmitted to His Majesty under the Great Seal of the Province, within Three months or sooner after the making thereof and a Duplicate by the next conveyance, in order to be approved or disallowed by His Majesty; And if His Majesty shall disallow any such Law and the same is signified to the Governor under the Royal Sign Manual or by Order of his Majesty's Privy Council, from thenceforth such law becomes

utterly void.-A law of the Province has limited the duration of the Assembly to seven years.

The Common Law of England is considered as the Fundamental law of the Province and it is the received Doctrine that all the Statutes (not i.ocal in their Nature, and which can be fitly applied to the circumstances of the Colony) enacted before the Province had a Legislature, are binding upon the Colony, but that Statutes passed since do not affect the Colony, unless by being specially named, such appears to be the Intentions of the British Legislature.

The Province has a Court of Chancery in which the Governor or Commander in chief sits as Chancellor and the Practice of the Court of Chancery in England is pursued as closely as possible. The officers of this Court consist of a Master of the Rolls newly created-Two Masters.-Two Clerks in Court.-A Register.An Examiner, and a Serjeant at Arms.

Of the Courts of Common Law the Chief is called the Supreme Court. The Judges of which have all the powers of the King's Bench, Common Pleas and Exchequer in England. This Court sits once every three months at the City of New York, and the practice therein is modelled upon that of the King's Bench at Westminster.-Tho' the judges have the powers of the Court of Exchequer they never proceed upon the Equity side. The court has no Officers but one Clerk, and is not organized nor supplied with any officers in that Department of the Exchequer, which in England has the care of the revenue.-The judges of the Supreme Court hold their offices during the King's Will and Pleasure and are Judges of Nisi prius of Course by act of Assembly, & Annually perform a Circuit through the Counties.-The Decisions of this Court in General are final unless where the Value exceeds £300. Sterling, in which case the subject may be relieved from its errors only by an application to the Governor & Council, and where the Value exceeds £500 sterling an appeal lies from the Judgment of the latter to His Majesty in Privy Council.

By an Act of the Legislature of the Province suits are prohibited to be brought in the Supreme Court where the Value demanded does not exceed £20. Currency.