in 1683, and the survey that follow'd thereon, as in conscience it ought to be, shall forever after be & remain the line of Partition between this Colony and the Province of New York. A True Copy of Record

Examd

p' THO WYLLYS. Secret'

(R.)

To His Excellency William Burnet Esq Captain General & Governour in Chief of the Provinces of New York New Jerseys & Territorys Thereon depending in America & Vice Admiral of the same &c.

May it please your Excellency

It being our Duty to lay before your Excellency a Distinct account of our Proceedings we now do it in such a manner that the Truth of our Narrative may be fully justified from the Papers that passed between us & the Commissioners of Connecticut at New Rochel.

We had no dispute as to the Bounds from Lyon's Point to the Great stone at the Wading place & very litle in the Partition line running six miles & a half north north west from that stone Both sides having agreed That we shall go on to find out & prove the remaining monument Mention'd in that Report of the Survey in The three white Oak trees marked C. R. by running the same course & distance which the Surveyors did from the great stone at the wading place & then if the three white oak Trees which shall be shown us as the same with those marked by the Surveyors shall be found to stand nearly in the same place with the extremity of that line to be run from the great stone we will confirm & reestablish them as a Monument of the Boundary betwixt this Province & the Colony of Connecticut But if the three white oak trees are not now to be found, or the Trees which may be supposed to be the same shall be at a greater distance from the Extremity of the sd line than what we can think consistent with the Truth of that Survey we will erect a new monument at the end of the sd line as the Boundary aforesaid.

We differ'd in Opinion from the Commissioners of Connecticut as to the 2a line, or the line running east north east thirteen miles and sixty four rod in the Survey. In this Dispute we adher'd closely to the Agreement & Survey as reported by the Commissioners of Both Colonys & confirmed by his late Majesty K. William. They in their first proposal were for our fixing the

Tree which they call the Dukes Tree as the end of the line running East north east thirteen miles & sixty four rod without further Examination because they sd their still remained a range of Mark Trees the whole course of that line & they could prove, by the Testimony of one liveing Evidence that the Tree which they call the Dukes Tree was marked by the Com's & Surv's as a Monument of its Termination. Or else that we should take a new Methode which they propos'd entirely different from that which the Surveyors took in 1684 & establish that line by a New Survey without any regard to what was formerly done.

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In our answer to these we thought one Evidence could not at this Distance of time & of a single tree in the midst of the woods be sufficient proof that it was marked as a Monument of that line & therefore propos'd the running of the line East north east thirteen mile & sixty four rod without any regard to Monuments or mentioning them as we had done in the former north north west line But they refuseing this tho in itself reasonable and just. We at last condescended to admit of or reject that Dukes Tree in the same manner both sides had agreed concerning the three white oak Trees at the end of the North North west line which the Com & Surv's did report they had marked & established as a Monument of the end of the sa North north west line, We told them that we yielded to this only in regard to the Government of Connecticut who had in so solemn a manner affirmed that the Dukes Tree (as they call it) was marked by the Com's & Surv's as a Monument of the end of the Partition line running east north east thirteen miles and sixty four rod.

To this we think they agree & we believe your Excellency will be of the same opinion when you read their seventh paper. But as we well enough perceive the Ambiguous manner of their Signifying that agreement we desir'd them to meet us that evening in a Conference, Which they did.

Then we told them that they had signified their agreeing to what we had propos'd in Different words from what the proposals were made in, & as that might Occasion some Dispute after both sides might think all Dispute over. We propos'd. jointly to agree on one form of words as a minute of what we had allready agreed to. After they had made some Scruples to the doeing this, we read to them the form of a minute which we had drawn up & after their makeing some objections to one part of it, We told them that we would alter it as they desir'd But they replying

that they had only agreed to this on Condition that the Province of New York should not extend further to the Eastward than that Dukes Tree & that the Partition line between this Province & that Colony which is to run parralel to Hudson's River should begin at that tree. We answered that we had formelly declar,d we would never propose any thing to them upon Condition or in hopes to extort any thing from them but that Whatever we should agree to we would do it because we thought it was right & for that reason only & that the Partition line beyond the end of this line had no ways as yet come under our Consideration. We told them likewise that as there were some words in what we had agreed to of too loose a Signification we would determine them with their consent as soon as we had agreed to the general Heads Then we verbally propos,d to them the following Question.

Whether you agree that a line running east north east thirteen miles & sixty four rod from the end of the North northwest line from the great stone shall be so far the Partition line between this Province & Connecticut if a Tree commonly called in Connecticut the Dukes Tree be not found so near the end of the sd east north east line that we shall have reason to believe that it was not marked by the Com's & Surv's in the year 1684 but if the sd Tree stand so near the end of the sa line that we shall have reason to believe that it was marked by the sd Surv's & Com's that then a line running from the end of the said north north west line to the sd Dukes Tree shall be so far the Partition line between this Province and Connecticut.

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They refusing to answer this Question we sent it to them in writing the same evening & the next day received for answer That by the Agreement the second line in the Partition mentioned in the Agreement cannot be in extent longer than from the Northerly ends of the two eight mile line which we conjecture to be about Ten mile & an half. That the Surveyors attended with a Commissioner had no authority giv'n them to alter the Agreement or make a new one but only to ascertain the line according to that agreement. That the Surveyors did by their report no ways ascertain that line by shewing that they in the execution of their office did agree upon & fix anything as monuments thereon. That the confirmation by K William in Council did Ratifie & confirm the agreement as well as the Survey of which two the agreement was the principal & could not be overset altered or changed by

the lesser & must give way to the former wherein they differ more especially wherein the report is so imperfect as aforesaid.

We did not enter into agument with the Com" from Connecticut in writing till we should distinctly settle the bounds wherein we did agree & those wherein we differ,d & your Excell' may see by their two last papers, That before we could do this they abruptly broke off & left us & as much as in their power undid whatever was formerly agreed at this meeting or by the Coms in 1683 & 84.

The Rules we laid down to ourselves in the management of this negotiation were, In the first place steadily to adhere to the agreement and Survey both which have been equally confirmed by the Legislature in both Governments & have likewise receiv'd the Royal approbation which give them the greatest sanction any Law act or Deed can have.

As the survey was Posterior to the Agreement & so far as it went is more cleer and distinct we admitted it as an Explication of the Agreement & we believ'd it was Established as such by the sanction it had receiv.d in both Governments & by K Williams Approbation.

And therefor we did not dispute whether the end of the line running North north west six miles & an half from the great Stone be truely eight miles from the Sound nor whether the end of the line running east north east thirteen miles & sixty-four rod be truely twenty miles from Hudson's River Because that Survey had determined that they were so. It may seem not easy to tell. by what Rules the Commissioners of Connecticut acted. they were so contradictory to themselves & to the Publick acts of their own Government. They seem.d Steady in Nothing but in the Ambigious manner of their giving Assent to any of our Proposals which had taken away all colour of Reason for Dissenting or by giving their assent upon conditions Slily insinuated & entirely foreign to the matter in Question & highly injurious to this Province.

At first they were for giving the greatest authority to the Survey that could be in so much that they propos.d our allowing of a Tree called by them the Dukes Tree as the end of that Survey without further Examination tho' there was no mention made of that Tree in the Report of the Surveyors. When they found that by their having agreed to the Examination & Proveing of the