Letter from Governor Belcher to the Lords of Trade— transmitting the Proceedings of the Council and Assembly. [From P. R. O. B. T. New Jersey, Vol. 7, H. 47.] Right Honble Lords Comms for Trade and Plantations. My Lords ELIZABETH TOWN, (N J) May 15th 1754 I had the Honour of writing your Lordships, the 20: of December last, and which I understand got well to your Hands, and altho' many Ships are since arrived from England at New York, yet I have recieved none from your Lordships, respecting His Majesty's Honour and Interest here, and the Affairs of this Province. I herewith transmit to your Lordships Transcripts of the Journals and Minutes of His Majesty's Council of the 7th and 21st of February, and 3a of March, and from 23a to 30th of April last past. And the printed Journals of the Assembly in their last Session from 17th to 29th of April. And these things, my Lords, will give you a full and very particular Account, of what has been transacted here, since my last, in this Government, and in which (I believe) your Lordships will think, I have done every thing in my Power, to urge the Assembly to a sense of their Duty to the King, by complying with His Majesty's most reasonable Orders, for maintaining the Honour and Interest of the British Crown, as much as in them lye's and for securing the future Safety and Happiness of the King's Subjects, Of this and the Neighbouring Provinces, and yet they seem at present deaf, to entering into any Measures, to ward of the Evils they may so justly fear, till they arrive at their own Doors: Your Lordships will see I am to meet the Assembly again the first of the next Month, when I shall urge in the most pungent Manner, their uniting with the rest of the English Colonies, for the common Safety. I have the Honour to be with great Respect Most Obedient & Most Humble Servant, J. BELCHER. Letter from Lieutenant-Governor De Lancey, of New York, to the Lords of Trade-about division line between that Province and New Jersey. My Lords * * * [From New York Col. Documents, Vol. VI, p. 838.] NEW YORK 21 May 1754 (Extract.) * I now send your Lords some papers relating to the division line, between New Jersey and this Province, with a copy of an ancient Map,' said to be signed by Andrew Hamilton, who was then Gov of East Jersey. I have drawn two lines on the Map, to distinguish in a triangle, the Lands that are as I conceive still in the Crown. I shall make no observations on King Charles Second's Grant to the Duke of York, but will suppose the Duke had a right to grant the lands, which he did grant to Lord Berkely and Sir George Carteret, and then it is to be considered how far the Duke's Grant to them, did extend up 1 Presumed to have been a copy of George Keith's map, who ran a portion of the Division Line.-ED. Delaware River. The bounds from Cape May at the mouth of Delaware River and "extending to the Northward as far as the Northermost Branch of the said Bay, or the River of Delaware, which is in forty one degrees and forty minutes of Latitude." There I would only observe, that the Northermost Branch of the said Bay or River is the terminus ad quem, the place at which they must stop; the words, as far as, being the same in source as, usque ad, which is always exclusive of the place to which you go; so that from Cape May, to the Northermost Branch of Delaware River is the whole extent of the Western boundary of Jersey. As for these words, which is: in forty one degrees and forty Minutes of Latitude, I do not take them to be part of the description of the Boundary, they are only affirmative words of computation, or rather conjecture of the latitude wherein the Northermost branch or the Forks of Delaware lye. For instance, if a grant was made of all the lands from London Bridge to Greenwich, which is ten miles: here the mistaken computation made of the distance, will not carry the grant beyond Greenwich. London Bridge being the terminus a quo, the place whence, and Greenwich the terminus ad quem, the place to which; and these two make the extent of the Grant, and are always understood to be conclusive. So of the western boundary of Jersey, the main Ocean at Cape May at the Mouth of Delaware Bay, is the terminus a quo, and the Northermost branch of the said Bay or the River of Delaware, is the terminus ad quem, which make the extent of the Jersey grant on the West. For Delaware River is formed by the two branches joining into one Body at the forks of Delaware may properly enough to be said to be the ne plus ultra, of Jersey on that side. For the mistaken computation of distance or latitude, cannot enlarge the extent of a Grant, words of that sort being not descriptive but conjectural. It is said, as the Patents of Wawayanda and Minisink are bounded on the Jersey line, his Majty's interest can not be concerned, let the line run where it will, but this is a mistake; for the Jersey line on which these Patents were bounded, was the supposed line marked in the Map which was at that time understood to be the line, and they cannot be extended Southward, even if the real line of Jersey is to run from the Forks of Delaware, or the head of Delaware Bay, to the Station on Hudson's River opposite to the lower Yonkers; the King's intention being to grant lands no further than the then supposed line. I wrote to Gov' Belcher to propose a line of peace between the two provinces, to put a stop to the disputes and disorders that are committed on the Borders; in which letter I thought it my duty, as his Majesty's servant, to tell him my opinion that the forks of Delaware, were the ne plus ultra of Jersey on that side. This paragraph has drawn upon me a pretty extraordinary proposal from the Jersey proprietors; which was delivered to me by M Alexander. I shall make no reflections on it, but submit the propriety of it to your LordPPs consideration. I must inform your Lord" that Mr Alexander is a Member of his Maju's Council for this Province and for the Province of Jersey, and a considerable proprietor, and chief Manager in behalf of the Jersey proprietors, I leave it to your Lord's to consider how consistent this is, while there is this controversy subsisting between the two Provinces, and between the Proprietors and his Majesty. I inclose the Report of a Committee of his Majesty's Council on the disturbances between the people living on the borders of the two Governts and the opinion of the Committee for establishing a line of peace, until the parti tion line be fixed between both provinces, and M' Alexander's reasons for his dissent to the said Report. Your Lord will perceive the opinion of His Majty's Council to be, that the line of peace, should run according to the supposed line, and the reasons upon which they ground their opinion, and if they appear satisfactory, I hope directions will be given to the Gov's of the two provinces, that the line be so fixed & ascertained as a line of peace, until His Majty's right be finally settled in such a legal course, as his Majesty shall think proper. I am very backward to take any steps to protect the Freeholders and Inhabitants in the quiet enjoyment of their possessions up to the supposed line, as the Council advise. The Reason, My Lords, is, that I am concerned in the Minisink Patent, and so are my Brothers and Sisters, as Devisees of my Father, who held two shares in that Patent, Nor shall I take any steps without the advice of the Council. I beg your LordPPs will be pleased to direct me on this head |