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Day of April 1773 in the Thirteenth year of His Majesty's Reign By His Excellency's Command

JN! COTTON Dep: Sec!

NO 44. This Agreement indented made the eighteenth Day of May in the thirteenth year

of the Reign of His Most Gracious Majesty George the Third King of Great Britain France and Ireland Defender of the Faith &c and in the year of our Lord one Thousand seven hundred and seventy three, Between John Watts, William Smith, Robert R Livingston and William Nicoll Esquires duly authorised to make such agreement by virtue of a Law of the Province of New York on the one Part and William Brattle, Joseph Hawley, & John Hancock Esquires thereunto also duly author: ised by virtue of a Law of the Province of Massachusetts Bay on the other Part Witnesseth, that the Commissaries aforesaid being met at Hartford in the Colony of Connecticut for the settlement of a partition Line of Jurisdiction between the said provinces of New York and the Massachusetts Bay on the Easterly part of the said province of New York, and from the South to the North Boundaries of the said Massachusetts Bay, in Pursuance of the said Laws and Certain Commissions respectively Issued to the commissaries above named by the Governors of the Provinces aforesaid and in compliance of the Royal recommendation heretofore signified to Sir Henry Moore, Br! and to Francis Bernard Esq? the then Gove" of the Said provinces by Letters from the Right Honorable the Earl of Shelburne late one of His Majesty's Principal Secretary's of State and after having had divers conferences relative to the aforesaid Boundary of the said provinces they the said commissaries do thereupon unanimously agree that the Following Line, that is to say a line beginning at a place fixed upon by the two Governments of New York and Connecticut in or about the year of our Lord One Thou. sand seven Hundred and thirty one for the northwest

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corner of a tract of Land commonly called Oblong or
Equivalent Land and running from the said corner north
twenty one Degrees Ten Minutes and thirty seconds
East as the Magnet needle now points to the North
Line of the Massachusetts Bay shall at all times
hereafter be the Line of Jurisdiction between the said
province of the Massachusetts Bay and the said Prov-
ince of New York in all and every part and place
where the said province of New York on its Eastern
Boundary shall adjoin on the said Province of the
Massachusetts Bay. In Testimony whereof the commis-
saries aforesaid have hereunto Set their Hands and seals
the Day and year first abovementioned.

W BRATTLE (seal) JXO WATTS (seal)
JOHN HAWLEY (seal) W! SMITH (seal)

JNHANCOCK (seal) W: NICOLL (seal)
Sealed and Delivered R. R. LIVINGSTON (seal)

in the Presence of
Eliph! DYER
Wm San! JOHNSON

We the Governors of the Provinces aforesaid hay-
ing been present at the execution of the agreement
aforesaid in Testimony of our consent thereto and of
our approbation thereof have hereunto set our hands
and seals, at Hartford aforesaid this Eighteenth Day of
May in the year of our Lord one Thousand seven hund-
red and seventy three, and the Thirteenth year of His
Majestys Reign.
Sealed and Delivered W Tryon (seal)
in the presence of

T. HUTCHINSON (seal)
ELIPH! DYER
W. Sau: JOHNSON

No 45. The Report of William Nicoll, Appointed to

superintend the running out and marking the Boundary Line between the Colony of New York and Massachusetts Bay, and of Gerard Bancker surveyor appointed to Run and Mark the same, in

Conjunction with such persons as should be authorised for that purpose on the Part of the Massachusetts Bay

Monday the 11th of October being the Day appointed by His Excellency Go? Tryon and Governor Hutchinson for meeting to Run the Line we accordingly attended at the North West Corner of the Oblong, the Massachusetts Gentlemen were not there, but that evening Major Hawley sent word, that he was to lodge about six miles north of it, and would meet us on the spot the next morning, we accordingly met the next morning at the Monument put up for the North West corner of the Oblong, which was shown by Cornelius Brower of New York Government and Jacob Spoor of Massachusetts Bay, who severally declared on Oath that they were present at the Erecting of it about the year 1731 it was a small heap of stones and a stake marked on the south and west sides we enlarged the heap of stones, and put up a Red Cedar post with the old stake and marked 'it &C. Major Hawley brought with bim David Ingersol and Elijah Dwight Esquires two Justices who swore the surveyors, Miller and Bancker, as well as the chainbearers, to perform the service without any fraud, deceit, or sinister views whatever—this being done, we produced our Commissions. Major Hawley in return shewed us a copy of a Minute of Council of the 17"! June Signed by Ilis Excellency Governor Hutchinson, in which after thanking their commissaries for settling the Line, they appoint Major Hawley to see it run and Marked and empower the Governor to appoint a surveyor and the necessary assistants, and a letter from the Governor to Major Flawley acquainting him that he had appointed M: Miller to Survey and Run the Line.

The surveying instruments were then produced and on comparing them it was found that the Klassachusetts Instrument would Run the Line considerably more East than our instrument where upon Major IIawley proposed that the Mean difference of the two Instruments

should be taken and used, which was agreed to. The Massachusetts Gentlemen chose their Instrument should be used, we consented and that afternoon went about 25 Chains the next Morning they chose to go Back to the Oblong corner and examine the course that had been Run, in doing which we discovered a defect in their Instrument for which they agreed that our's should be used in preference to it. The survey went on with our Instrument for about six miles but finding the needle frequently affected by minerals the Massachusetts gentlemen expressed a doubt whether we had continued on the true course, it was here tryed on low land, where we did not appreliend there was any attraction and after correcting a back monument or two and satisfying both sides, it was agreed to run by stakes and back sights only as we found the needle so often affected as not to be depended upon, for this purpose we used the Telescope of their Instrument, went on a far as the Kinderhook Road which is about eleven Miles from our beginning. It then occurred to them that a Line run thus by stakes would incline more Easterly than a line run by the needle, as the needle by an increase of the variation in going on would form a curve line inclining westerly, but after considering the Difference that this would make, it was agreed that a Strait line should be continued, by stakes, and that our method of running the Line should be particularly described in the Report that was Intended to be made on Finishing the Business. Upon this Major Hawley finding the survey going on to his satisfaction left and went home for six days but on the second day after his return when we had Gone about twenty Miles from the Oblong corner he Objected to the Line as it had been run, alledging the Course we had run was too much East, and the Line run by stakes, was not the Line intended by the Hartford agreement, and insisted on altering the course from the Beginning. He was put in mind that the difference between a Line run by stakes and one run by the needle had before been considered, and ought not to be raised as an objection,

but to no purpose. M: Nicoll urged him to continue the Line in the manner it had been run thus far, and to report it to the commissaries of both governments, particularly describing the manner of running it, on which they might hereafter determine, as the final Settlement of the Line after the Royal approbation to the Hartford agreement was obtained, is left to them, but this was refused. It was then offered to him to begin at the Kinderhook Road about eleven miles from our beginning (where we had proved our course was right by trying it with the compass which M: Yates used in makking the survey of Hudsons River, which was laid before the Commissaries at Hartford) and endeavour to ascertain what a Line run by stakes differed from a Line run by the needle, and from thence forward make the offsetts from our Monument agreeable to their plan, but this was also refused and he would not agree to go on any further unless we would alter the course and compute the offsetts from the beginning and here the business stopped.

W: NICOLL

GERARD BANCKER.
New York 5th Nov 1773

NO 46. Governor Stuyvesants answer to the Letter of

Summons [from the English Commissioners in 1664.]

My Lords :—Your 1*. Lre unsigned of j; Aug! together with that of this day signed according to fform being the 1st September, have beene safely delivered into o hands by yo? deputyes unto which wee shall say !

That the rights of His Mato of England unto any Part of America hereabout, amongst the rest unto yo colonyes of Virginia, Maryland, or others in New Eng. land, whether disputable or not, is that w for the prosent, wee have no designe to debate upon—But that his Matie hath an indisputable right to all the Lands in the north part of America, is that w? the Kings of ffrance and Spaine will disallow, as we absolutely do, by vertue

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