the South as far as Delaware River they also Claimed North Easterly as far as Connecticut River near which I doubt not it may be made appear many Dutch people were settled and I Believe that River was in the dutch Time Called by the name of the North River, as Delaware River was by the name of the South River, on which 'tis Certain many Dutch were Settled, and this Appears the more Probable for that at Albany they Settled another Colony by the name of the Colony of Rensselaer Wyck; the Boundaries of which tho' uncertain at this day; must without Doubt as 'twas a Colony have also Extended from one River to the other, and also for that the Grant from King Charles the Second to his Brother the Duke of York; Seems to be intended as a Grant to him of what he recovered from the Dutch; for in the Year 1660, or There abouts, King Charles the Second sent Sir Robert Carr with forces to Disposses the Dutch of their Settlements here which he succeeded in; and about three years after, this Grant to the Duke of York was made; which seems to me to carry a strong Presumption that those Lands so granted were what were There known to have been the Claim of the Dutch, which they must have been much Better acquainted with at that day, than I can possibly be supposed to be at this time and Indeed it is very Improbable That the duke of York should at that day when the Lands were of so Little value, take a Grant of these lands in the manner he did, which he must have been very Sensible must Interfere with the Former Grant made to the Grantees of the Council of Devon; upon any other Supposition than that it was well known at that time that these lands being in the possession of and Claimed by the Dutch were Expressly within the provinces of the said Former Grants, and therefore could not pass by the patent to the Council of Devon &c, nor by the future Grant to their Grantees. from these observations I think it follows that these lands Granted to the Duke were never granted to the Council of Devon or their Grantees being within the Express words of the Provisoes in those Grants; but that they became afterwards well vested in the Crown by the Conquest made of them from the Dutch; by Sir Robert Carr in the year 1660. and by their final Surrender of them to King Charles the Second by the Treaty of Breda after the dutch Conquest in 1673. and then the Grant to the Duke of York in the year 1674. above mentioned must have vested the ffee of these lands in the Duke of York. The Consequence of which, must be that as the Crown after this Government Came into its hands, never Granted any part of it away (for the reason I have shown above) that the Government of Massachusetts Bay by their Grant in 1693, Can have no Legal Right to the Lands Entred upon by them Northward of the bounds of Connecticut Government, and westward of Connecticutt river; and Therefore their Entring into & taking possession of them, without Right, Cannot be a reason why the Government of New Hampshire should do the like. Upon the whole, I think it appears Clearly that the Examples sett by the Governments of Connecticut and Massachusetts Bay, are not, nor ought, to be Considered as any Reasons why the Government of New Hampshire should Extend their Bounds as far westward as the first hath, and the Latter pretends Rightfully to have done. Having thus Considered the difficulty arising in the Case; from the Claims made by the Said two Charter Governments I come now to consider what ought, I Conceive, to be Taken as the Eastern Bounds of this Government Northward of Connecticut Goverment with Regard to which I observe, that it appears by the first and Second Grants to the Duke of York; the First before, and the Second after, the dutch Conquest; in the year 1674, that all the Lands westward of Connecticut River were vested in the Duke of York. It appears by the records of this Province, that the Duke of York, In pursuance of his right, actually Sent over Governours to take and keep possession of what Belonged to him in America, who Accordingly Entred upon and took possession of this Government for him; and tho' they did not actually settle upon the Northern Parts of the Government, yet as they Settled the Southern part of it under his Right; I conceive it was and ought to be considered as a possession of the whole, and that the duke of York thereby became actually possessed of the whole lands Granted to him, and that the whole thereupon become part of this Government, under the duke of York; and Therefore that Connecticut River is realy and Truly the Eastern Bounds of this Colony. Tis True that by the Abdication of the Crown by the Duke of York; afterwards in the year 1688; this Government became vested in the Crown (If not before) but I believe no record or other writing Can be produced, whereby it Can be made appear, that the Crown Ever Intended to abridge the Northern bounds of this Government or to confine it to any Bounds; but what it had, when under the Government of the Duke of York; whence I conclude That the bounds of this Government Continue Still the Same as in his time; Except where they may have been altered as above by Agreement that it Extends to Connecticut River; and Therefore that the Government of New Hampshire, which is to Extend westward till it meets with his Majestys other Governments, and no farther; must Terminate at that River; as its utmost western Boundary. I am very Sensible; may it Please your Excellency; that the above Representation, Relating to the Eastern bounds of this Government, is very Imperfect; being framed only on the few papers and materials I have been able to collect, at this time; Relating to a matter, which I must confess, myself, very much unacquainted with. But hope these few Hints, may be of Some use in the affair, and doubt not but his Majesty's Surveyor General, who I suppose is much Better acquainted with the Bounds of this government, than I can pretend to be; will give your Excellency much further Light Relating to them. I am Your Excellencys most Obedient Humble Servant R. BRADLEY. (Endorsed) Attorney Generals report in the Case between New York & New Hampshire. SURVEYOR GENERAL'S OBSERVATIONS ON MR. BRADLEY'S REPORT. New York Octr 14th 1751. Gent" You were pleased on the 9th instant to desire me to put in writing some thoughts which then occurred to me on the subject matter of a representation of the late Attorney Gen1 respecting the eastern boundary of this Province. In obedience thereto I shall observe that as the Soil of both the provinces of New York and New Hampshire is now vested in the Croun the King may fix the boundary between these his two Governments at his pleasure on which it may be proper to remark. 1. That the line lately run by the Government of New Hampshires to Hudson's River as their Southern boundary comes (as I am informed) within 8 or 10 miles of the City of Albany. That so far as I can learn Albany is a place more considerable in the numbers of its inhabitants & for trade (having a communication by water with the Sea for vessels of Burthen) than any toun in New Hampshire and that the parts of the country lying between Connecticut river & Hudsons river are nearer to Albany than to any Port or place of trade in New Hampshire. 2. In time of war incursions on this Province by the French & French Indians have been generally made through that part of the country between Connecticut river & Hudson's river. For both these reasons it must be more for the benefite & security of the inhabitants of that part of the Country between these two rivers as well as for the security of the other parts of the Province of New York that the country between the said rivers continue under the Government of New York. Besides these considerations from the publick utility it may be remarked 3. That several tracts of land to the Eastward of Hudson's River & above twenty miles distant from it towards the Massachusetts bay are held by the inhabitants of New York by grant from the Governours thereof & paying yearly rents to the Crown; and likewise several other tracts to the Northward of the line run by New Hampshire as their Southern boundary and above twenty miles eastward from hudson's river are in like manner held by the Inhabitants of the Province of New York. 4. That if his Majesty assert his right to the soil within his Province of New York as far east as Connecticut river against the Intrusions of the Massachusetts bay it would greatly encrease his revenue arising from the Quitrent of lands. This is all which has occurred to me as proper to be added to the Attorney Generals representation which is submitted to the other Gentlemen of the Committee. (Endorsed) Cadwallader Colden's observations on the representation of the Atty Gen1 CADWALLADER COLDEN. Extract from the Attorney and Solicitor Generals Report Dated August the 14th 1752. "There are also about 60,000 Acres of Land situated on the West Side of Connecticut River which were purchased by private persons from the Government of Connecticut, to whom that Land had been laid out by the Government of the Massachusets Bay as an Equivalent for two or three Townships which the Massachusetts Bay purchased from Connecticut Government. This Tract of Land by the Determination of the Boundary Line in 1738, is become a part of New Hampshire, but the proprietors of it are subject to no conditions of Improvement, and the Land lies waste and uncultivated." SECRETARY OF THE BOARD OF TRADE TO THE AGENT OF THE PROVINCE OF NEW YORK. Whitehall Decemr 22d 1752. Sir I am directed by the Lords Commissioners for Trade & Plantations to send you the Inclosed Extract of Mr Wentworth's Letter to their Lordships containing his Proposal for running a Boundary Line between the Provinces of New York & New Hampshire & to desire that you would transmit the same to your Constituents by the first Opportunity, that their Lordships may be informed of their sentiments upon it as soon as possible. Robert Charles Esqr Agent for the Province of New York I am, Sir Your most humble servant THOS HILL. [Enclosure.] Copy Extract of a Letter from Benning Wentworth Esqr Governor of New Hampshire, to the Board of Trade Dated 23d of March 1750|1. As the Extent of the Western & Northern Boundary of New Hampshire entirely depends on His Majesty's Pleasure, I need only inform your Lordships that Commissioners from the Crown have settled the Boundary between New York and Connecticut at twenty miles East of Hudsons River. The Massachusetts Bay have allowed the Government of New York to extend their Claim also twenty miles East of Hudsons River, and have carried on their Settlements in Conformity thereunto. One Ranesslaer claims twenty four miles square on the East, & twenty four miles square on the West side of Hudsons River, a Tract of Land sufficient for thirty two Townships of six Miles Square each & comprehends more good Land, than any other subject in His Majesty's Dominions, but Renesslaer has not thought fit to contend with the Massachusetts for the four miles, presuming it will be His Majesty's Pleasure, that a North & South Line should divide both the Massachusets and New Hampshire from the Government of New York. I have extended the Western Boundary of New Hampshire as far West as the Massachusets have done theirs, that is, within twenty Miles of Hudsons River. It will also be for the Peace and Benefit of both Governments, if it should be His Majesty's Pleasure to determine the Northern as well as the Eastern Boundary of New York, that it may be ascertained how many Miles North of the City of Albany that Government extends, as it will in its Northern & Eastern Boundary interfere with the Western Boundary of New Hampshire which will keep both Governments from extending their Settlements beyond their own Boundaries, & be easily submitted to before the Inhabitants have improved the Lands in virtue of Grants from either Government. It will be necessary to inform your Lordships that the Government of New York was founded on a Grant made by the Crown to the Duke of York, & that it was to commence at the Sea, and run sixty miles North into the Country, which Line will cross Hudson's River about twenty Miles South of the city of Albany. (Endorsed) 23d March 1750|1 Extract of a Letter from Govr Wentworth to the Lords of Trade. REPORT OF THE COUNCIL. To the Honorable James Delancey Esqr his majesty's Lieutenant Governor and Commander in Chief in and over the Province of New York and the Territories depending thereon in America. The Representation of the Committee of his Majesty's Council of the Province of New York and the Commissioners appointed to examine into the Eastern Boundaries of the said province. May it please your Honour Among the Papers laid before us relative to the dispute between this Government and the Provinces of New Hampshire and Massauchets Bay touching their Extent of Boundary We find an Extract of a Letter from Governor Wentworth to the Board of Trade dated the 23d of March 1750|1 containing a Proposal for setling a Partition Line between New York and New Hampshire Which Extract together with a Letter from the agent for this Colony and the Copy of a Letter from the Secretary to the Board of Trade to our Agent were some time since transmitted to Mr Clinton late Governor of this province that their Lordships might be informed of the sentiments of this Government thereupon On which we humbly beg leave to represent to your Honour. That on the 3 day of Aprill 1750, Governour Clinton Laid before the Councill of this province a Letter from Governour Wentworth, desireing information how far north of Albany this province extends, and how many miles to the Eastward of Hudson's River, To the Northward of the Massachusetts Line; that he might Govern himself accordingly in the Grants he was to make in New Hampshire and that the Council of this province then advised Governour Clinton; To acquaint Governour Wentworth in answer to his said Letter, that this province is bounded Eastward By Connecticut river; the Letters Patent from King Charles the Second to the Duke of York, Expressly granting all the lands from the West side of Connecticut river, to the East side of Delaware Bay. That on the fifth of June 1750 Governour Clinton Laid before the Councill of this province a Letter from Governour Wentworth of Aprill 25th, owning the receipt of Governour Clinton's Letter, with the said opinion of the Councill, which he declares would have been satisfactory, had not the two Charter Governments of Connecticut and the Massachusetts Bay, extended their Bounds many miles to the westward of the said river; and requesting to Be informed by what Authority Connecticut and the Massachusetts Governments claimed so far to the Westward; Whereupon the Councill advised Governour Clinton to acquaint Governour Wentworth, that the claim of the Government of Connecticut was founded on an Agreement with this Government, in or about the year 1684, afterwards confirmed By King William; But that as to the Massachusetts Settlements so far to the Westward, it was presumed they were first made By Intrusion, and since continued thro' the Neglect of this Government. That on the 24th day of July 1750 Governour Clinton Laid before the Councill of this province & Letter from Governour Wentworth of the 22d of June, advising he had Communicated Governour Clinton's Letter, with the Said Last opinion of the Councill of this province, to his Majesty's Councill of the province of New Hampshire who were of opinion and advised, that he should on the part of New Hampshire, make a Representation of the matter to his Majesty: Relying that Governour Clinton would do the same on the part of New York. On which the Councill of this province advised Governor Clinton, To make a Representation to his Majesty on the part of this province, and To acquaint Governour Wentworth with such his Intentions, and that it would be for the mutual advantage of Both Governments, if they exchange Coppys of each others Representation To his Majesty on that head; and thereupon it was ordered, that coppys of all Letters and papers Lately passed between Governour Clinton and Governour Wentworth, relating to the Boundaries of the Two Governments, and a Coppy of that order should be forthwith prepared and delivered To his Majesty's then Attorney General of this province, to prepare and Lay Before Govr Clinton a proper State of the case with all Convenient Speed. That Governour Wentworth by his Letter to Governour Clinton of September 24 1750 Expresses himself in these words "Sir upon my Laying your favour of the 25th July Before his Majesty's "Councill, it was Advised agreeable To your proposal, that Exchanges of the Representations made "Both By Your Excellency and myself, To his Majesty for Determining The Boundarys Between "his Two Governments, might Contribute to the Speedy Settlement thereof, and without Expence "on Either side. I shall therefore as soon as mine is perfected Transmitt you an authentick Coppy thereof, and shall Indeavour To make it as short and plain as the Nature and Circumstances of the case "will admit." Upon which Letter we beg leave to observe that we are well assured no coppy of any Representation by Governour Wentworth on that matter ever came To Governour Clintons hands, untill we received the abovementioned Extract of a Letter from Mr Wentworth to the Board ( |