USA > New Jersey > Documents relating to the colonial history of the state of New Jersey, Volume VIII > Part 17
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XLI. On the 20th of July last, as Richard Gardner, (after having peaceably compleated a Survey of some
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of your Memorialists Lands near to the Division Line by the Observations of 1719,) was travelling along the King's Highway (in Company with John Herring and Peter Decker, who had assisted him as Chainbearers,) about Five Miles Southwestward of the said Line, by the Observations of 1719, and near Eight Miles South- westward of the Line run and mark'd in 1719, as in Article XI. before; and even above Three miles South- westward of the Line pretended to by Colour of the exparte Observations of Robinson and Wells, in Arti- cle VII. before, he was Way-laid and Stopt by George Dekey and Jacobus Dekey, Sons of the said Thomas Dekey; and when their Father came up, they un- mercifully beat, wounded and robbed the said Richard Gardner and John Herring, by feloniously taking from the said John Herring, a Walking-Stick, which they split to Pieces, in giving the said John Herring about twenty Blows with it, and thereby wounding him, and Shedding a great Quantity of his Blood, and threaten- ing with Horrid Oaths, and a Pistol, which the said Thomas Dekey held to the Breast of the said John Herring, to fire a Brace of Balls thro' him; also by violently beating him the said Richard Gardner, and forcibly taking his Bags from behind him, and opening and taking thereout a Surveying-Compass, a Surveying- Chain, a Pairs of Dividers, a Scale, and a Horse Bell; all which they feloniously took and carried away. This As- sault and Battery, and Robbery, the said Richard Gard- ner and John Herring suffered without returning one Blow, or offering any Resistance. 'Tis worthy Remark, that the said Beating, Wounding, Bloodshed, Abusing and Threatning, were chiefly offered and done to the said John Herring, an old lame Man of Fifty-five Years of Age, and who being of the People called Quakers, was by his religious Tenets, principl'd against making Re- sistance; but not the least Outrage did they offer to Peter Decker, an able Man, of Forty Years of Age,
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and no Quaker, who had equally assisted Mr. Gardner with Herring, in making the aforesaid Survey, and who look'd on during the whole Time.
XLII. To enumerate all the Cruelties and Abuses committed by People of New-York upon People of New-Jersey, South-westward of the Line by the Ob- servations of 1719, since the said pretended Letter in the Year 1740, mentioned in Article XXII. would swell this to a large Volume: But your Memorialists have chosen only the preceding few Instances, as some of the most cruel and enormous, of which your Me- morialists have, and can produce sufficient Proofs; and of all those before the Year 1748, Proofs were transmitted to England with the said Act.
XLIII. As the Line run and mark'd in 1719, (as in No. XII. before,) was run by Order of the proper Com- missioners and Surveyors of both Provinces, as the Line of Division, according to the best of their Judg- ment at that Time; and as no Line before or since was ever run with equal or greater Authority; its humbly conceived that Line ought to have remained, and does now remain the Line of the two Provinces, till another Line be run for it with equal or greater Authority; and we know of no other Limit to the Jurisdiction of both Provinces but that. And tho' your Memorialists, in affecting their Properties, have not gone farther Northward than the Line by the Observations of 1719, which Line has no public Authority, but a tacit Con- sent of your Memorialists, and of sundry of the Owners of Patents in New York Province, joining on the Line of New-Jersey, (as in No. XX. before,) and the private Opinion of the Judges of the Supreme Court of New York, in the cases of Swaartwoots and West- falls, founded upon the Evidence of the Surveyor of East-Jersey, (as in No. XIX. before:) For as the Mat- ters then in Controversy, were referred to them in their private Capacities, and not in their publick Ca-
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pacities, they thought it just to deviate from the said run and mark'd Line in 1719, and to examine where most probably the true Line would fall, and thereon founded their Award, Your Memorialists say, they humbly conceive these are no sufficient Reasons why your Excellency should not assert and exercise the Jurisdiction of this Province, up to the said Line, so run and mark'd in the Year 1719, which falls on Hud- son's River, about Seven Miles Northward of the Place, where, by the Observation of 1719, the Line should fall; and should New-York, think this an Encroachment on, and prejudicial to them; these Inconveniences might, and may be easily removed, by running the true Line. But while they refuse to join in that, and do absolutely oppose the running any Line, if they can shew no Line ever run with equal Authority, then that Line ought in Reason, to remain the Temporary Line, especially as it was carefully run and mark'd, and the Places through which it went, are notorious, and well known to this Day, by all the People inhab- iting near it; and who have (very few excepted) all settled there since the Year 1719.
XLIV. If the Line run and mark'd in 1719, is not to be the temporary Line of Jurisdiction of the two Prov- inces 'till the true Line be finally settled, we should be glad that New York would show better Reasons for any other Line to be the temporary Line. For, with- out some certain Line be allowed to be the tempor- ary Line, it's impossible to judge what is an Encroach- ment of either side.
XLV. As your Memorialists have asserted their Rights only up to the Line by the Observations of 1719, (which is about seven Miles upon Hudson's River, southward of the Line run and mark'd in 1719) and as Part of that Line was first run by People of New-York, as in Nº XX. before, and most of the rest
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run by your Memorialists, as in Nº XXI before; and as all settled Southwestward of that Line are either settled under New-Jersey Titles, or your Memorialists have recovered Judgments against such as have re- fused to hold under New-Jersey, while your Memorial- ists extend their Settlements no further Northward than to that Line, they cannot be justly accused of any Encroachment on New York. But New-York, by their Conduct since 1740, have given great Causes of Complaint to the People of New-Jersey settled South- westwards of that Line, as by the facts herein before set forth, appears, and tho' complained of from Time to Time, as before, yet no Redres is hitherto had.
XLVI. Upon the whole, your Memorialists cannot help being of Opinion, that the State of Facts herein before set forth, being duly read and considered, (of which your Memorialists are prepared to produce suffi - cient Proofs,) it will plainly appear to your Excellency, and all other impartial Persons, that the Complaints of the People of Orange County, to the General As- sembly of New-York, are vexatious, and without Foundation; that they themselves have been guilty of Encroachments, gross Abuses, and Breaches of the King's Peace; that encouraged by the Letter from New-York in the Year 1740, as before mentioned, they have usurped illegal Power, and arbitrary Government over Part of his Majesty's Province of New-Jersey; that they have arbitrarily levied Taxes there; that they have unjustly fined, and falsly imprisoned his Maj- esty's Justices of the Peace, and other Officers of this Province, for what they had done in the execution of their Office; that they have threatned, beat, abused, and robbed others of his Majesty's Subjects within the said Province upon the King's Highway; Nay, that they even intended Murder; for your Memorialists are credibly informed, that when they shot the Constable's Horse under him (as in Nº XXVI. before) they de-
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clared that they were sorry for the poor dumb Crea- ture, whom they did not intend to kill, but his Master; that your Memorialists, throughout the whole Pro- ceedings, have conducted themselves with the most friendly and peaceable Behaviour; that they have been passive, amidst the violent Outrages committed against them, and those who hold under them, by the People of New-York; neither making any Reprizals, nor re- pelling Force by Force; that they have all along sup- ported their Claim and Right to a Line from the Northermost Branch of Delaware, which is in 41º 40' of Latitude, (as in No. II. before) and which was so solemnly fixed and established by the Commissioners for New-York, for East-Jersey, and for West-Jersey, (as in No. X. and XI. before) to the Station Point upon Hudson's River, in 41º of Latitude, (as in No. II. be- fore) by the most legal and warrantable Steps, such as bringing Ejectments, obtaining Judgments in the King's Courts of Justice, and pleading to the Jurisdic- tion of the Government of New-York to the South- westward of the Line run and mark'd in 1719, as they have a Right by Law to do: That nevertheless, for Peace Sake, your Memorialists in their Settlements, Leases and Sales, have strictly confined themselves to the Line by the Observations of 1719, (as a temporary Line, until the true Line can be run and ascertained) agreeable to the Opinions aforesaid, of the Judges of the Supreme Court of New-York, in the Causes of Swaartwoots and Westfalls (as in No. XVIII. before.) Finally, That the General Assembly of New-York have been prevailed upon, by the false Reports and un- just Representations of the People of Orange County, to make this groundless Complaint against your Me- morialists, and those who hold under them; the said People of Orange County conceiving no other Method so specious and prevalent to put a false Gloss upon their Outrageous, riotous and illegal Proceedings.
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All which Matters and Things before set forth, Your Memorialists do aver, and are ready to prove in such Manner as Your Excellency shall think fit to appoint: And are,
May it please Your Excellency, Your Excellency's most Obedient, and Most Humble Servants,
By Order of the Council of Proprietors of East- New Jersey.
ANDREW JOHNSTON, President.
PERTH-AMBOY, November 20, 1753.
P. S. After finishing the above Memorial, Mr. Alex- ander informed us, that a Meeting of the Minisink and Wawayanda Partners, being advertised in the News- Papers several Weeks, to meet at Mr. Willets in New York, on the 13th Instant; he on that Day met with them, and renewed the Proposals (in No. XXXII. herein before mentioned,) and de- livered them a Copy of that Letter of April 10th, 1746, and of the Proposals inclosed therein, and by a Letter from himself to them, both as a Partner with them, and as one of the Committee, (mentioned in No. XXXII. before) pressed upon them in urgent Terms, the amicable Settlement of the Disputes concerning the Line; Mr. Alexander, aquainted us also, before that, to wit on the 8th Day of November, he laid the same Papers before the Honorable James De Lancey, Esq., Lieutenant Governor of New York, (who, with his Brothers and sisters, are considerably interested in the Minsink Patent) who returned them on the 12th, with- out any Objection to them; which Proceedings of Mr. Alexander, your Memorialists have approved of, and caused Copies thereof to be hereunto annexed.
By Order of the Council of Proprietors of East-New- Jersey.
ANDREW JOHNSTON, President.
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NUMB. 1. To the Honorable Peter Schuyler, Esq; Presi- dent, and the other Gentlemen of the Coun- cil of the Province of New-York.
The Petition of Allane Jarrat.
Humbly Sheweth,
That whereas your Petitioner having been appointed by his Excellency Robert Hunter, Esq; by Letters Pat- ent under the Great Seal, Surveyor for the Province of New-York, and thereby commissionated with full Power and authority, in Conjunction with the Surveyor of the Province of New-Jersey, carefully and diligent- ly, according to the best of their Skill and understand- ing, discover and find out that Place upon the North- ermost Branch of Delaware River, that lies in the Lati- tude of Forty-one Degrees and Forty Minutes, and that to be the North Partition Point of the Province of New- York and New Jersey; as also carefully, according to the best of their Skill and Understanding, discover and find out, as near as may be, that Place on the West Side of Hudson's River, that lies in the Latitude of Forty-one Degrees, which shall be the farthest Place of the Province of New-Jersey, bounded by Hudson's River; and then in Conjunction with the Commission- ers of both Provinces, to run a direct Line from those two Stations, (when determined) to be the Partition Line between the two Provinces. Now your Petitioner, pursuant to the great Trust reposed in him, in Behalf of the Province of New York, by the said Commission, has, in Conjunction with the Commissioners of both Provinces, and the Surveyor General of the New-Jer- sies, proceeded from New-York to Mahacamack; and from thence in Conjunction with the Surveyor General of the Jersies, up to the Fishkill, to the Latitude of Forty-one Degrees, Forty Minutes, observed in July
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last, by a Brass Quadrant of about Twenty-two Inches, or thereabouts, Radius, and the Latitude last men- tioned, determined and adjusted in this Manner, after four repeated Observations, with the Plumet at each End of the Quadrant, found them not to differ, from each other above half a Minute, or thereabouts; the Difference being so small, the Latitude was adjusted by a Mean between the Differences of the said Observa- tions; as also, allowing the Obliquity of the Ecliptic, to be, by a Mean, between 23º 39', [23° 29'] and 23° 20', [23° 30'] as may more fully appear by a Journal ready to be produced.
From thence your Petitioner, in Conjunction with the Surveyor General of the Provinces of New Jersies, pro- ceeded to Madam Corbet's, as they adjudged that Place to be nigh the Station on Hudson's River, made sun- dry Observations the last month, in order to determine and adjust the Latitude of Forty-one Degrees, with the aforesaid Quadrant, more carefully and diligently (hav- ing the Advantage of a good Sun and clear Weather) than the former they had up at the other Station; the first of which Observations, with the Plummet at the End of the Quadrant (as it was in all the Observations at the former Station,) made this Station to fall near two Minutes to the Northward of the Place of Observa- tion, or near Tapan Creek; the last of which Observa- tions, with the Plummet about the Middle or Two- thirds of the Quadrant, made the Station fall between two or three minutes to the Southward of the Place of Observation, or near opposite to the Yonkers Mills, as has formerly been reputed to be near the Station.
Your Petitioner conceiving a great Difficulty to de- cide the true Latitude of Forty-one Degrees, in so wide Differences of Observations, by so small an Instru- ment, upon the same Place; and not daring to rely on his own Judgment in so weighty an affair, that so high- ly concerns the Care of this Province: For Tapan and
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Sundry other Gentlemens Estates, bordering on the above mentioned Partition or Division Line, requiring a larger Instrument, and the most exquisite Exactness and Niceness to determine, and also to vindicate him- self from all future Reproaches and Aspersions of being bribed or byass'd therein; could have no other Recourse than laying this Matter before the Wisdom of this Province, and at this Time being press'd upon by the Commissioners for discharging and executing this great Trust reposed in him, and having given Security for the Performance of the same, and making Matter of Conscience how to come at the exact Truth by such an Instrument, that discovers such a Difference in these Observations; humbly Prays, that this Honourable Board, would take it into Consideration, and give your Petitioner such Instructions, to direct his Judgment in this Affair, as may seem most proper to your great Wisdom.
And, as in Duty bound, Shall ever pray, &c.
ALLANE JARRAT.
NUMB. 2.
May it please Your Honour,
In Obedience to your Honour's Order in Council of this Day, refering to us the annexd Petition of Allan Jarrat; we, have in the presence of Mr. Alexander, Sur- veyor General of the Province of New-Jersey, and Dr. Johnston, one of the Commissioners for the said Prov- ince, fully examined the Petitioner, upon the several Particulars set forth in his said Petition; and before we proceed to declare our Opinion thereon, we take Leave to report, that the Matters of Fact appeared to us in the following Manner, to wit.
That by a fair Journal produced to us, by the Peti- tioner, of all the several Observations taken at the Fish- kill, and at Madam Corbet's the Observations taken
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near the the Middle of the Quadrant made Use of in that Service, differed from those taken at the Ends up- wards of four Minutes.
That this Discovery was not made until they observed at Madam Corbet's and that the Petitioner thereupon immediately declared to the said Mr. Alexander, in the Presence of several People then on the Spot, he could neither rectify the wide Errors of the Instrument, nor take upon him to fix the Station by it, the same vary- ing so much in itself.
That notwithstanding the methods proposed by Mr. Alexander, for correcting the said Errors, the Peti- tioner, declared he could not adventure to settle a Lati- tude, that could be depended upon, by that Quadrant.
That he being, by repeated Questions put to him, in all the various Ways we then could think of, ask'd, whether he could not find Means to proceed with that Instrument, for fixing an exact Latitude ? he still de- clared that he could not Take upon him to do it by this Instrument, for the Reasons above mentioned; but that in case one of Five or Six Foot Radius could be pro- cured, certified by able and skillful Mathematicians, from Great Britain, to be true and correct, he would then be ready to ascertain the Station according to his best Skill and that the Observations whereby the Lati- tude was settled upon the Fishkill, were taken at the Ends of the Quadrant, and the Errors and Defects thereof not being discovered at that Time, he affirmed, that the said North Partition Station upon the Fishkill, is wrong and erroneous, notwithstanding tripartite In- dentures mentioned in the said Petition to be executed there, upon that Occasion.
Upon the whole Matter as the Petitioner was made Choice of for this Service, as the best and ablest Mathe- matician of this Province; and he having, not only by the Declarations in his Petition, but by his repeated As- surances before us, of the Defect of the Instrument,
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and also his declaring, the Methods proposed by Mr. Alexander for correcting them, were not satisfactory to him; and the Matters being of such Importance, that it requires not only the best of Instruments, but the nicest Skill and Exactness to settle; we cannot advise your Honour, to order the said Surveyor to proceed and fix the said Latitude by this Instrument; but rather, that he Should be directed to set forth and certify by some Instrument, under his Hand and Seal, that the Station pretended to be fixt at the Fishkill, is wrong and erroneous, to the End this Province may not, at any Time hereafter, receive any Prejudice by the afore- said tripartite Indenture, executed there by the Sur- veyors and Commissioners, on both Sides, before the Defects and Errors of the Quadrant by which that Station was fixt and settled, were detected; and that all further Proceedings ought to be staid until a correct and large Instrument, be procured for setting the said Station; all which is nevertheless humbly submitted by, Your Honour's most obedient Servants,
A. DEPEYSTER, GERARD BEEKMAN, RIP VAN DAM, JOHN BARBERIE, AD. PHILIPSE.
NEW YORK, September 24th, 1719.
NUMB. 3
To the Honourable Peter Schuyler, Esq; Presi- dent, and the rest of his Majesty's Honour- able Council for the Province of New-York. The Humble Petition of several the Inhabitants of the Province of New-York, for them- selves and others, Owners and Proprietors
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[1754
of Lands bordering upon the Partition Lines between the Province of New-York and New Jersey,
Sheweth,
That the Assembly of this Province, having appro- priated the Sum of £300, for defraying their Part of the Charge and Expence, in ascertaining and running the Partition Line, Limit and Boundary, betwixt this Province and the Province of New-Jersey; the Peti- tioners had Reason to hope, so great a Work would have been carried on, and accomplish'd with such re- ciprocal Justice and Equality, that neither Side would have Reason to complain: But having Grounds to apprehend, that a due and equal Regard has not been had, either for the Benefit of this his Majesty's Prov- ince in general, or for us and others his liege Subjects, that have an immediate Interest on the Borders of that Line; they beg Leave to lay before your Honours, a State of that Case, and the Reasons of their just Ap- prehensions, reserving to themselves the Liberty of adding what shall farther occur to their Knowledge, and of amending and explaining what is herein set forth; which they most humbly offer, in the following Manner, viz.
That by the Duke of York's Grant to the Proprietors of the Jersies, they were bounded in the Latitude of 41° and 40 Minutes, on the Northermost Branch of Delaware River; and on Hudsons River, in the Lati- tude of 41° Degrees; and as this Grant was made in the Year 1680, they conceive the Tables then in use, ought still to be the Rule in settling those Latitudes; by which Tables, (as they are credibly informed,) the Obliquity of the Ecliptik, was universally allowed, to be 23 De- grees and 30 Minutes: that by a Draught of George Keith, then Surveyor of the Jersies, (ready to be pro- duced) he lays down the aforementioned Northermost Branch of Delaware River, about 25 Miles to the
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. Westward of the Fishkill: That in the Year 1686, the Surveyors of New-York and the Jersies, by Consent of the respective Governors, ascertained the Latitude of 41 Degrees on Hudson's River, to be due West from Frederick Philipse's Lower Mills: That Col. Andrew Hamilton, Governor of the Jersies, afterwards did own the said Latitude of 41 Degrees on Hudson's River, conformable to a Map made by the Surveyors, to be due West from the said Mills; as by a Writing under his Hand, dated the 13th of February, 1693-4, and ready to be produced, may appear at large, 'That ' those Petitioners who held Lands to the Northward ' of that Line, by Virtue of Grants or Patents from the ' Jersies; had, by the Justice and Indulgence of this 'Government, new Grants for the same, and at easier 'Quit-Rents, than what they were to have paid to the 'Proprietors: And others having by License of the 'Jersies, purchased Lands from the Indians; and 'suing for Patents, conformable to those purchased, 'were directed to take Patents from New-York; those 'Lands lying to the Northward of the Station then 'fixed.' That after the beforementioned Act of As- sembly was pass'd here, an Act of the like Nature was made in the Jersies, and John Johnston and George Wollocks, Esqrs: were appointed to be Commissioners, who are known to be Proprietors, and to have taken up large Tracts on the Borders, whilst this Affair was in Agitation 'That when it was proposed to name 'Commissioners for this Province, the Gentlemen of ' the Council (as they are informed, were generally of 'Opinion, except those Gentlemen who are Proprie- ' tors of the Jersies), That we ought to follow the same ' Rule; (to wit) in likewise appointing such Persons 'as had an immediate Interest in Lands bordering on 'the Line; that notwithstanding (as they are further 'informed) the Governor commissionated Robert ' Walter and Isaac Hicks, Esqrs: and tho' we have a 'due Deference to the Characters and Reputation of
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' those Gentlemen, we conceive they were not duly ' elected, because our Act of Assembly directs, that they 'should be appointed by the Governor and Council.'
That the Surveyor for this Province, Allane Jarrat, (being approved of by the Council) was obliged to exe- cute a Bond for £100, conditioned, to settle the Stations and run the Line; and since this was (as they are in- formed) demanded at the Motion of the Jersey Gentle- men; and that neither their Surveyor, nor any of the Commissioners, had the like required of them; it may as reasonably be concluded this was executed with a View of laying him under a Necessity to fix the Lati- tude, rather to the Disadvantage of this Province, than subject himself to the Penalty of said Bond: That the Commissioners and Surveyors of both Prov. inces, setting out from this City, 'went directly to ' Machacamack and Minisinks, where they met some 'other Gentlemen of the Jersies; and without seeking ' for the right Branch, or tracing of them, (and, indeed, 'almost every Body look'd upon the Season improper 'for so doing) they immediately took Observation 'there, just as if they were resolved to fix the Latitude 'on the Fishkill; perhaps with a View to secure for 'the Jersies the Low-Lands, at the two Places above- 'mentioned; which could scarcely be drawn in, if the 'proper Branch had proved so far Westward as Keith's
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