USA > New Jersey > Documents relating to the colonial history of the state of New Jersey, Volume VIII > Part 13
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And a Commission issued under the Great Seal of New York authorizing the said Commissioners and Surveyor (so appointed for New York) to do in Con- junction with those for New Jersey All the like mat-
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ters and things as were mentioned and particularized in the said other Commission from New Jersey
That according as the said New York Commission now Stands Entered in the Books at New York it seems as if it had been made to bear Date upon the 1st Day of the said May which was the Day next before that when the said Joint Minute of Governor & Coun- cil ordering the same to issue bears Date But by what means or mistake soever that small Impropriety in point of Date now appears upon the New York Entrys (which appear in themselves to be very incorrect) your petitioners humbly hope it is abundantly Clear from the many Minutes of the Gov! and Council of New York both before and after the Date of the said New York Commission that the same issued in exact Con- formity to the said New York Act of Assembly of 1717 (which was afterwards confirmed by his late Majesty in Council) and particularly with the Consent of both the Governor and Council of New York.
That the Bounds in Question were first and precisely mentioned in the sª Duke of Yorks Grant of New Jer- sey to Lord Berkley and Sir George Carteret to be by imaginary Lines in the Heavens of 41 Degrees and 40 Minutes on the Northernmost Branch of Delaware River and 41 Degrees on Hudsons River And the Com !. 8 and Surveyors were not authorized nor had any Power given them to make any Contract or Bargain or to give or take Lands from the one Province to the other or to enlarge or diminish either of the Provinces but solely according to Rules of Art to survey and ascer- tain upon the Earth that Part of Northernmost Branch of Delaware River and that Part of Hudson's River which lay under and corresponded to those respective imaginary lines in the Heavens and to draw a strait Line from the one to the other without Prejudice Favour or affection.
So that your Petitioners most humbly submit to
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your Maj'ty as the Ascertainment of Boundarys is so essentially necessary not only to the well being but even to the Settlement & Cultivation at all of distant Regions in America and that the leaving the Boundarys unsettled and undetermined is attended with so many and great Evils whether your Majesty will not be graciously pleased to give Countenance to every fair Endeavour to attain so much good and to avoid so many Mischiefs More especially considering the nature of the Boundary now in Question and that the sd Commas issued in pursuance of an Act of Assembly to which the Royal Assent was afterwards given & by the joint Consent of your Majesty's Gov! and Coun- cils in both your s' Provinces of New York and New Jersey.
That the said Comm's and Surveyors began their sd Work and all of them unanimously fixt and ascertained the North Station Point at the Latitude of 41 Degrees and 40 Minutes upon the Northernmost Branch of Delaware River. And when they had so finished that distinct Part of the Work which concerned all the three Partys viz New York East New Jersey and West New Jersey they pursuant to the Directions in their s respective Com's made a distinct Return of that separate Matter by a solemn Ind're Tripartite bear- ing date 25 July 1719 which was executed by every one of them under their hands and seals whereby they declared and certified which was the most Northern Branch of the River of Delaware and the exact & par- ticular Place upon that Branch of 41 Degrees & 40 Minutes of Latitude Which they described by a great Number of precise Landmarks so as to fix and ascer- tain the same in the most clear manner and such their Return was filed of Record in both the said Provinces of New York and New Jersey.
That the first Point or North Station being thus fixed it was most easy to discover where the other
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South Station Point at 41 degrees upon Hudson's River would fall & consequently it presently appeared that the great and exorbitant Grants which had been made under New York extended into and encroached upon the Lands in New Jersey.
And therefore a most extraordinary Method was contrived to put a Stop to the further Progress as to the other Station Point & the strait Line from the one to the other of those two Points.
And in order to stop the further Progress upon the. Residue of the sd Work Allan Jarrat the New York Surveyor alone & without the Concurrence of any one (even of the New York Com's) presented a Petition to the President and Council of New York on 24 Sep! 1719 seting forth that he pursuant to the Trust reposed in him had in Conjunction with the New Jersey Com's & Surveyor proceeded to the Latitude of 41 Degrees and 40 Minutes and had taken sundry repeated Obser- vations in July then last by a Brass Quadrant of 22 Inches Radius and that that Latitude had been deter- mined and adjusted after + repeated Observations with the Plumett at each End of the Quadrant which were found not to differ each from the other above half a Minute and that the Difference being so small was adjusted by a mean between the Differences of the sd Observations as might appear by a Journal ready to be produced.
But that from thence they went to a Place nigh to where they judged the other Station might fall upon Hudson's River and made Observations in the Month of August then last in order to adjust the Latitude of 41 Degrees with the sd Quadrant And that there hav- ing a good Sun and clear Weather by Observ".8 made with a Plumett at the End of the Quadrant and then with the Plumett at the Middle or two Thirds of the Quadrant such Observations differed each from the other about four Minutes That therefore he conceived
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great Difficulty to decide the true Latitude of 41 Degrees in so wide a difference of Observations by so small an Instrument It requiring a larger Instrument and the most exquisite Exactness & nicety to deter- mine Wherefore to vindicate himself from future Aspersions and being prest upon by the Com's to pro- ceed he laid that Matter before the President & Coun- cil & prayed them to give him Instructions to direct his Judgment.
That the sª Jarratts Petition was referred to a Comtee of the Co! of New York who as it is pretended upon the very same 24th of Septbr 1719 made some Report that Jarratt who had acted in the former Part of the Work and in the executing the sª Ind're of 25 July 1719 (all upon his Oath) had sayd then before that Comtee that the first Observ"s whereby the first Station . had been settled were taken at the Ends of the Quad- rant & that the Errors & Defects of it had not been discovered at that Time & therefore that the North Station Point upon the Fishkill was wrong & erro- neous notwithstands the Tripartite Ind'res wch had been executed there upon that Occasion.
That the sª Report founded entirely upon what Jar- ratt sayd in opposition to what he and all the rest of the Com's & Surveyor had done signed and executed under their hands and seals under Sanction of an Oath appeared so very extraordinary a Proceeding that such pretended Report was never confirmed even by the Council of New York itself that your Petitioners can discover.
But notwithstanding that and that not one Third Part of the Work was done & even that as their Sur- veyor was now made to pretend not rightly neither yet their Surveyor was amply rewarded for his Doubts and Scruples For by several subsequent Minutes of the New York Council the whole 750 Ounces of Plate or £300 which by the New York Act had been appro-
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priated for doing the whole Work was ordered out to their Com's & Surveyor which rewarded him for his Doubts.
That New York never procured any larger Instru- ment to satisfy their own Surveyors Pretence of Doubt nor would proceed any further to settle the disputed Bounds The great Grantees under that Government knowing their own Power too well and dreading noth- ing more than a just and true Settlement of the Bounds which would put an End to their Encroach- ments and great and continual Quarrels and Tumults arose between the Persons near the contested Bounds and Bloodshed and Murders were like to ensue And the Inhabitants of New Jersey from time to time represented to their Government the great Invasions made in point of Jurisdiction as well as Property some of the same even down to Minisinks Island a Place about 40 Miles below the North Station Point so fixed as afsd of all which the President and Council of New Jersey from Time to Time made the most earnest and reiterated Complaints to the Government of New York and represented the great Dangers & Mischiefs arising from the Bounds not being settled and also prest them by that Duty which both Governments owed to his late Majesty's Com". and Instructions under the Great Seal to fix the Limits and Boundaries of both Prov- inces but all to no manner of Purpose.
Whereupon on the 7th of Septr 1744 your Pet's pre- sented a Memorial to your Majesty's Governor of New Jersey seting forth many of these Matters And pray- ing that an Act of Assembly might be past and might be sent home in order to your Majestys Approbation thereof for running the Residue of the said Lines ex- parte in Case New York would not after so many Endeavours join in running the same.
After which and all the aforementª amicable Endeav- ours had been used an Act of Assembly was passed by
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the Governor Council & Assembly of New Jersey upon the 18th of Febry 1747 intitled an Act for running & ascertaining the Line of Partition & Division betwixt this Province of New Jersey and the Province of New York.
Which Act recites the sª Grant in 1663 from King Cha: the 2ª to the Duke of York & the sª Duke's Con- veyance of New Jersey to Lord Berkley and S' George Carterett in June 1664 and the sª Ind're Quintipartite of Partition in 1676 made between the Proprietors of East and West Jersey and recites that the Division Line between New York and New Jersey not having been before settled New York past the Act for setling the same in 1717 and that New Jersey past the like Act in 1718 And also recites that in the same year 1718 New Jersey past another Act for running the Line of Subdivision between the Eastern and Western Divi- sions of New Jersey And recites the said Ind're Tripar- tite of 25th July 1719 executed by all the Com's and Surveyors for New York and for East Jersey and for West Jersey declaring where the true North Station Point was found to be And recites that many Endeav- ours had been used by the Gen! Proprietors of East Jersey for proceeding to fix the Latitude of 41 Degrees upon Hudson's River and running the strait Line from one point to the other but that all the same had proved fruitless And that the Persons living near the Places in Question eluded the Laws in both Governm's paid Obedience to neither Sometimes pretending to be in New York and sometimes to be in New Jersey as it best served their purpose to avoid paying Taxes and performing such Services as were done by other your Majesty's Subjects in both Colony's Likewise that many Persons owners of cons'ble Tracts of Land and willing to improve the same were deterred therefrom which had proved a great Hindrance to the further settling New Jersey and had encouraged several Per-
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sons belonging to New York to encroach upon New Jersey & disturb many People settled under the same.
In Order therefore to prevent those Confusions and Disturbances which would otherwise unavoidably fol- low and to encourage further Settlemts & Improvmts in New Jersey & that such Persons as were already set- tled near the Bounds in Dispute might peaceably enjoy the Fruits of their Labour according to their several Rights.
The sd Bill or Act therefore proposed to Enact That the Com"8 and Surveyor appointed or to be appointed for the Eastern Division of New Jersey pursuant to the former Act of 1718 should discover and fix the Latitude of 41 Degrees on Hudson's River and shod run the strait Line bet" that Partition Point & the for- mer Partition Point settled in 1719 as afsd. And in order that the same might be done truly and fairly as well as amicably & in Conjunction with Com's & Sur- veyors to be appointed by New York The sd Bill fur- ther Enacted that Notice should be given by the Gov! of New Jersey to the Gov! of New York at least nine months before beginning the same that, that Province might join if they thought fit But if New York should not appoint Persons to act or they not meet & Act then the New Jersey Com" to run and ascertain the same.
And then the sd Bill recited that Hudson's River in the Latitude of 41 was ab! a Mile broad & that a Quest" might arise wher the Partition Point shod be on the East or West Side or in the Middle of Hud- son's River And it Enacted that the Partition Point should be on the East side of Hudson's River, as near as possible in the middle between High and low water mark there.
And the said Bill or Act contained four several pro- visoes to the following Effect.
1. That the said Act should not affect the Estate
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Right Title Claim or Demands of any person whatso- ever to any of the Lands within New Jersey But that all such Estates Rights Titles Claims and Demands should be saved and remain to the said persons in the same manner as if the said Act had never past.
2. That the said Act should not be in force until the Royal Assent should be had thereto.
3. That if Your Majesty should order that the parti- tion point on Hudsons River should be in the middle of that River or on the west side of it or at high or low water Mark or the middle betwixt them on either side that then your Majestys Declaration and order should be Effectual (which your petitioners humbly apprehend was a Dutiful Submission to your Majestys Royal Determination to which it certainly belonged of the only point that could be in Doubt).
4. And the last proviso was That the whole Charge of obtaining the Royal Assent discovering and fixing the partition point on Hudsons River and running the said Strait partition Line (or so much thereof as should be Incumbent on New Jersey to pay) should be wholly raised and Defrayed out of the Estates of the General proprietors of the Eastern Division of New Jersey.
That in order to proceed with the utmost Fairness after the said Act had been passed and before it was sent to Great Britain Your pet's Caused Copys of the same to be Served upon 28th June 1748 upon your Maj- estys Governor in New York and upon the president of your Majestys Council and Speaker of the Assembly there together with a written Notice hoping and desir- ing that they would save the Trouble & Expence of an Application to England by joining to Settle and fix the Station point and run the Strait Line And that in Expectation of such Consent New Jersey would delay sending home the act not only for two Months but for any longer reasonable Time that should be desired.
To which proposal your petitioners could obtain no 13
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sort of Answer whatever either from the Council or Assembly of New York.
But your petitioners are informed that your Maj- estys Governor of New York thought himself obliged on the Occasion to make some Representation to your Majestys Commissioners for Trade and plantations about the 7th of October 1748 whereby as your peti- tioners Apprehend he Certified to the said Lords Com- missioners That many Disorders had been Committed on the Borders of those provinces Occasioned by the Lines remaining unsettled That he had been requested by the late Governor of New Jersey to Join in the Set- tlement of the Line pursuant to Acts then and Still in force in both provinces for that purpose which he shd readily have done but upon Enquiry found that the sum of 300 formerly raised by the New York Act of 1717 had been long ago drawn out of the Treasury and paid to Comm's & Surveyor employed in that Service who began but never Completed the work and were since Dead and no other Money had ever been appro- priated in New York for that Service That he also found that all the Lands along the Line for many Miles within New York had been granted away upon trifling Quit Rents And that as it did not appear to him that the Interest of your Majestys Crown or of the province of New York in General were any way Concerned in the matter but only the patentees of the Lands along that Line he left it to the particular persons concerned to take such Steps as they shod think proper or to some such Effect.
That a Bill so necessary to the very being of New Jersey and so harmless in its Nature as this appeared to be Your petitioners most humbly hoped might meet with Your Majestys Royal approbation For that with- out some Settlement of the Jurisdiction no man can enjoy his property at Quiet in New Jersey or have any Legal Redress against any Invader thereof The first
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Question on such occasions being whether the wrong supposed to be done was Committed in New Jersey or in New York and which Question cannot be deter- mined until the Boundarys are run to determine the respective Jurisdictions so that persons are under a necessity either of giving up their possessions to the first Invader or else to Defend the same by might as they can The mischievous Consequences whereof in a Colony that is Settling Your pet's humbly apprehend to be great and Obvious.
And the present Act was at least Intended for no more than to Settle the respective Jurisdictions that Persons might have the possibility of Defending or recovering their property by Law and was not intended to affect or prejudice any persons Right the said Act having Expressly saved the Estates Rights Titles Claims & Demands of all persons in such manner as if. the Act had never been passed.
And therefore your petitioners humbly applied to Your Majestys Commissioners for Trade & plantas (unto whom Your Majesty had been pleased to refer the Consideration of the said Act) that they would report the same as proper for your Majestys Royal approbation and allowance.
But the agent here for Your Majestys province of New York desired to be heard before the said Lords Commissioners against the said Act & prayed Time after Time for about four Years together to prepare for such hearing but never filed any memorial petition or written objection whatever to the said Act or to any part thereof nor ever declared what any one objection that he had against the said Act was until the very instant of hearing upon the same
That at a hearing before the said Lords Commiss's upon Tuesday the 5th of June 1753 the persons Em- ployed on the behalf of New York under Colour of re- plying in Support of a preliminary objection against at
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all entring into the Merits of the said Act of a sudden started many high and great points relative to the Merits of the Act of which your petitioners had never had any the least Notice and which proceeding deprived your petit's of the means & opportunity of giving full answers to those matters so that your petitioners have not had any Opportunity then or at any time since to answer the same Much less had the proprietors of West Jersey any possibility of being heard to the same at all altho the Matters offered were such as very highly Concern those proprietors who had no Agent present and who are in the Close of the sd Act Ex- pressly Exempted from being at any Charge at all re- lating to the said Act as they were apprehended not to be Concerned in the same
That such matters so suddenly offered and by Sur- prize on the part of New York Your pet's humbly appre- hend have had great weight with the said Lords Com- missioners for want of your petitioners Answering the same for that their Lordships by a Report to Your Majesty dated 18th July 1753 have been pleased to Cer- tify that they do not think fit to lay the said act before Your Majesty as fit to receive Your Royal Appro- bation.
And in the said Report the said Lords Commissioners have stated at large many Reasons for such their Concluding opinion some of which Reasons (if the same shod be approved by Your Majesty) might shake Antient settlements of property made by New Jersey and bring into Question most part of the Lands in that province.
That from the Disorders in that province formerly represented to Your Majesty and occasioned by setting up the Title of the Indian Natives to the soil there in opposition to that under Your Majestys Crown al- ready a great part of the property in that province is questioned and disputed and that in such a manner as
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that the Laws have not their Due force there and the Declaring the said proceeding had in order to Settle the Boundarys in 1719 which have relation to and Confirm the former Deeds of partition of 1676 made between the proprietors of East and West Jersey to be null as seems to be reported may (as Your Peti- tioners have too much Reason to fear) create Infinite other Suits and Contests relating to Titles there and may prove so prejudicial to property as to throw all matter relating to the same into Confusion to the utter undoing of the proprietors
Your Petitioners therefore most humbly pray Your Majesty that you will be graciously pleased to take the Distrest and very particular Circumstances of your said Province of New Jersey into your Royal Consider- ation and that the several Matters which are Contained in the said Report of the 18th of July 1753 may not be Confirmed But that Your petitioners may have an op- portunity of being heard against the same And that Your Majesty will be graciously pleased on the Cir- cumstances of this Case to approve of and Confirm the said New Jersey Act of Assembly of the year 1747 or to afford Your petitioners such other means of ascer- taining and Defending their propertys and of Enjoying the same free from Disturbance as to Your Majesty in Your Royal Wisdom and Justice shall seem meet.
And Your petitioners (as in all duty bound) shall ever pray etc
A true Copy from the Original Petition remaining in the Council Office. STEPH COTTRELL
Witness DAN- COX
SAM KEMBLE.
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Letter from Ferdinand John Paris to Robert Hunter Morris, in answer to his of September 11.
[From the original draft among papers of F. J. Paris in Library of N. J. Historical Society, Bundle H., No. 64.]
To the Honble Robt Hunter Morris Esq' at Spa Surry Street London 24. Sept. 1753 Sir
I have your favor of the 11th Instant, and as the Answering every part of it, in a minute manner, might give ye'self & me a good deal of trouble, I shall deferr that, until I have the pleasure of seeing you. Had you been pleased to see the Report of the Lords of Trade (w'ch you acquainted me that you declined, altho' it was offered to be shewn to you) & furnished me, after that, with any directions, I shod have fol- lowed them with great Care, as I usually do: But as you had not seen it & I found it to contain such very extraordinary matters, I believe, any faithful Agent, could have found himself, under as much difficulty & Anxiety, as I was at that Crisis of time, & would have wrote, as I did, to every place, where he imagined his L'res might have got to you. I am afrayd the proof of One very essential part is not in my hands, but rests with you; I mean, the enormous quantity of Lands, granted out by the New York Patents, & that is a Fact w'ch has great stress layd upon it & shd have, if Supported in Evedence. * * *
I am glad the pet" is so well approved of, but in case I had begun such an Opposition, & embarqued in a large expense therein, of my own head, without pe'ticular ordrs, & that that measure had not been approved of, or had not been afterwds attended with Success, what a Case shod I have been then in ? * * I have got back the Drt of ye Pet" from M' Hume, much approved, & but very little altered, chiefly, in that pt (as I expected) where his own Non attendance
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was mend Mª Barclay * * is to give the security, this day the Petr is to be lodged tomorrow, & on Wed- nesday, I expect there will be a general Councill, at which it may be referred down to ye Commtee
To hope for a Continu" of ye Act, at present, Or for a direct Reversal of the Report, would be very vain, wherefore I Imagine our endeavor must be, to get the Report, referred back again, to the Board of Trade, for Reconsideration. In such Case, it will be easy to shew them, that they have greatly mistaken ye Fact in working up this Report which is the first, of its kind, that I ever seen
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