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 GB. Major Hawley brought with him 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 17th June Signed by His 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 Hawley acquainting him that he had appointed M: Miller to Survey and Run the Line. Y M The surveying instruments were then produced and on comparing them it was found that the Massachusetts Instrument would Run the Line considerably more East than our instrument where upon Major Hawley 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 ours 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 apprehend 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 Mr. 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. New York 5th Nov 1773 WN NICOLL No 46. Governor Stuyvesants answer to the Letter of Summons [from the English Commissioners in 1664.] My Lords:-Your 1 Lre unsigned of 29 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 Mate of England unto any Part of America hereabout, amongst the rest unto y colonyes of Virginia, Maryland, or others in New Eng land, whether disputable or not, is that w for the present, wee have no desigue to debate upon-But that his Matie hath an indisputable right to all the Lands in the north part of America, is that wh the Kings of ffrance and Spaine will disallow, as we absolutely do, by vertue of a commission given to me by my Lords the high and Mighty States Gen to be Govern: Gen over New Holland, The Isles of Curaco, Bonaire, Aruba, with theire apurtenances and dependances bearing date 26th of July 1646 as also by vertue of a Grant and Commission given by my said Lords the High and Mighty States Gen to the West India Company in the yeare 1621 with as much power and as Authentique, as his Majestie of England hath given or can give to any Colony in America, as more fully appeares by the Patent and Commission of the said Lords the States Gen" by them signed, registred, and sealed with their Great Seal, which were shewed to yo! Deputy'es, Coll George Cartwright, Cap Rob: Needham, Cap: Edward Groves, and M: Thomas Delaval, by wch commission and Patent together (To deale frankly wth you) and by divers Lres Signed and sealed by our said Lords the States Gen directed to several persons both English, and Dutch. Inhabitants of the Towns, and Villages, on Long Island, (which without doubt have been produced before y by those Inhabitants) by which they are declared and acknowledged to be their subjects, wth express command that they continue Faithfull unto them, under penalty of Incurring their utmost displeasure wch makes it appear more cleare than the Sun at noon Day! That yo first Foundation Viz (That the Right and Title of His Matie of Great Brittiane To these parts of America is unquestionable) is absolutely to be denied. Moreover it is without dispute and acknowledged by all ye world, that our predecess by vertue of the commission, and Patent, of the said lords the States Gen have without controul and peaceably, (the contrary never coming to our knowledge) enjoyed ffort Orange about 48, or 50 years, the Manhattans about 41, or 42 yeares the South River 40 yeares & y ffresh water River about 36 year. Touching the second subject of yo re (Viz: his Mae hath commanded me in his name to require a surrender of all such fforts, Townes, or places of strength, w now are possessed by the Dutch under yo' command,) We shall answer, That wee are so confident of the discretion and equity of his Matie of Great Brittaine, that in case His Matie were informed of the Truth, wh is that the Dutch came not into these provinces by any violence but by vertue of Commission from My Lords the States Gen! first of all in the years 1614, 1615, and 1616, up the North River neare ffort Orange, where to hinder the Invasions, and massacres commonly committed by the Salvages They Built a Little Fort, and after in the year 1622 and even to this present time by vertue of Commission and Grants to y Governors of the West India Company, and moreover in the yeare 1656 a Grant to the Burgomasters of Amsterdam of the South River, insomuch that by ver tue of the abovesaid Commission from the High and Mighty States Gen, given to ye per interested as afores and others, These Provinces have been governed and consequently enjoyed, as also in regard of their first discovery uninterrupted possession and purchase of the Lands of the Princes, natives of the country, and private Persons (Though Gentiles) Wee make no dou! that if His said Matie of Great Brittaine were well informed of these passages, he would be too Judicious to Grant such an Order, principally in a time when there is so Straight a friendship and confederacy between our said Lords and Sup to trouble us in the demanding and , summons of the Places & ffortresses wh were put into our Hands wth order to maintaine them in the name of the said Lords the States Gen, as was made appeare to yo! deputyes under the names and seals of the said High and Mighty States Gena dated the twenty eight July 1646. Besides what has beene mentioned there is Little probability that his said Mate of England (in regard the articles of Peace are printed and were recommended to us to regard seriously and exactly) by a lre written to us by our Sa Lords y: States Gen and to cause them to be observed religiously in this Country) would give order touching so dangerous a designe, being also so |