USA > New Jersey > Documents relating to the colonial history of the state of New Jersey, Volume VIII > Part 18
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'Draught lays it down.' That altho' such foggy,
cloudy, and rainy Weather, happened at that Time, for about 25 Days successively, as the like at that Sea- son, was not known in the Memory of Man, (just as if Heaven frowned on the Design) they fixed the Lati- tude upon the Fishkill, near a small Creek, which they formed Station Brook; notwithstanding they seemed satisfied, that the said Fishkill, is the Main-River of Delaware itself; which Latitude was taken at the Ends of the small Instrument they made use of: And altho' an Indenture was executed of their Proceedings there, they have been so just therein, (as we are in-
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formed,) as to say, that there Discovery was by infor- mation: That, indeed, the Commissioners sent Capt. John Harrison, a Jersey Gentleman on, to look what Branches there might be betwixt the Rivers of Dela- ware and Suskahanna, who, upon his Return, reported that there were none, tho' he was heard to own, that he met with one so wide and deep, that he was obliged to make a Float before he could get over it; and we are credibly informed, that several Christians are ready to depose, there is one or more considerable Branches to the Westward of the Fishkill; which, 'tis possible, Capt. Harrison miss'd, by Reason he set out about 24 Miles to the Southward of the Latitude: That after the said Latitude was fixed on the Fiskkill, in the Manner before mentioned; the Surveyors, and only the Jersey Commissioners, went to Madam Corbet's, and made repeated Observations there; but in so doing, a Discovery was made, that the said Instrument was erroneous; for that the Latitude taken at the Middle, differed above four Miles from those taken at the Ends thereof; and since, at the Fishkill, use was made of the Ends; its evident beyond Contradiction, that the Station pretended to be fix'd there, is just so much to the Northward of the true and real Latitude, as the above-mentioned Difference amounts to, That Com- plaints and Remonstrances of such Weight, have been offered at Home, against the Act of Assembly before- mentioned, that it is uncertain, whether the same will be approved or disapproved of by His Majesty, tho' the same was pass'd here, in the Year 1717: And it is certain, that in Case of a Disallowance, every Thing done by Virtue of that Act, will be void: But it is impossible to foresee what Confusion and Mischief might ensue, if this Affair should be completed, and the said Act rejected at the same Time: That the fix- ing these Stations, and running the Line, in the Manner it has hitherto been carried on, not only the
17
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Crown, but likewise many of your Petitioners, will be in Danger of being encroached upon; and tho' many of us have spent their Labour and Substance, upon their several Improvements, for 30 or 40 Years past; there seems but little Reason to expect (in such Case) the like Justice and Indulgence would be Shewn by the other Side, as was heretofore extended on the Part of this Province, (as is hinted above) for these and sev- eral Reasons, more especially, for the Minuteness of the Instrument, (being but 22 Inches Diameter, and its varying so considerable in itself) your Petitioners offer, they will readily be at half the Charge of an In- strument to be sent for from London, proper and large enough for settling and fixing the true and exact Station Points; which Instrument being first tried and proved by able and skillful Artists at Home, attested by them to be true and correct, and the Obliquity of the Ecliptick settled, as it was universally received when the Grant was made to the Proprietors; all Parties must then be concluded by such Determination.
Your Petitioners therefore most humbly pray, that the Commissioners and Surveyors of this Province may severally deliver in a Journal of their Proceed- ings hitherto; and that we may be favored with Copies thereof; and that all further Proceedings may be stayed, until his Majesty's Allowance or Disallowance of the abovementioned Act of Assembly is first signi- fied and until such an Instrument arrives here, as is above described:
And Your Petitioners, as in Duty Bound, shall ever pray &c.
Cornelius (his mark) Aker, Dirick (his Mark) Strats, Lambert Luis, Ebenezer Wilson, Bernard Dis Ver veelen, Dit is het van Transwin Salee, Abraham Haringh,
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Abram (his Mark) Blauvelt, Jan (his Mark) Hogenkamp, William De Graaw, Pieter (his Mark) Bogert, Gerrit Smidt, Gideon (his Mark) Vervelen,
Stephen De Lancey, Anthony Rutgers, Jacob (his Mark) Kersboom,
Johannes (his Mark) Blauvelt, Hendrick Blamydt,
Pieter Haering,
Notbrey Heutse,
Cornelius Cozyn,
Isaac (his Mark) Blavelt,
Jacoop Hoominck,
Barent Angels,
Isaac (his Mark) Van Dewsen,
Roeloff Van Howton,
Jacob (his Mark) dey Kleck, Anna Hooghlandt, John Van Horne,
H. Wileman,
Lancaster Symes,
Daniel de Clerk,
Cornelius Haring,
Heymes Liepserosdyck,
Andries Allyn,
Cornelius (his Mark) Smit, Jurian Thomas, Down Talimea,
Resolve (his Mark) Nagel,
Jacobus (his Mark) de Vries, Klaus Van Huriten, Jacob (his Mark) Blawvelt,
Maria Catharine (her mark) Boudinot, Nath. Marston, Jarvis Marshall.
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NUMB. 4.
To the Honourable Lewis Morris, Esq; Presi- dent of His Majesty's Council for the Province of New Jersey, in Council.
The humble Memorial of the Proprietors of the Eastern and Western Division of said Province of New-Jersey.
Most Humbly sets forth,
That they have considered the Petitions of Jarrat and others, to the President and Council of New-York, and are very much surprised to find, that the Persons now concerned in that Government, should put a Stop to the running and asscertaining the Line of Division and Partition, betwixt that and this Province, upon the groundless, weak, and untrue suggestions of the Peti- tioners, and the visionary Whim and Cant of the Sur- veyor; after the same had been directed to be done by the Legislatures of both Provinces, and Commission- ers had been appointed under the Great Seal of each of them for that Purpose; and had made (at a very great Expence) so considerable a Progress.
They begin with setting forth, that the Duke's Grant being made in the Year 1680, the Tables then in use, ought to be the Rule of settling the Latitude; and that by those Tables, the Obliquity of the Ecliptick, was universally allowed to be 23 Degrees, 30 Minutes.
1st, If that Way of Reasoning be conclusive, they should have mentioned the Grant in the Year 1664, (there being no such Grant in the Year 1680, that we know of,) and the Tables then in use; for if the Lati- tude mentioned in a Grant in the Year 1664, might be ascertained by Tables in use in the Year 1680; they might as well be settled by any subsequent Tables, if they were right. The Truth of Tables, and not the
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Hypothesis on which they were made, or the Time of making them, being to be considered in a Case of this Nature; When this Grant was made by the Duke, it was upon a certain knowledge, that there was a Place on Hudson's River, in the Latitude of 41º; and another on Delaware, in the Latitude of 41° and 40' and the Province of New-Jersey, was, by that Grant, intended to extend so far North as these Latitudes really were; and the best and most proper Means for the Discovery of them, were to be made use of, without Regard to this or that Table.
2dly, The Authors of some of the Tables in the Year 1680, might be of Opinion, that the Obliquity of the Ecliptick was 23 and 30; and we suppose, calculated their Tables of the Sun's Declination accordingly; but it is the Tables of the Sun's Place that can only be made use of in this Case; and these Tables have no Concern with the Obliquity of the Ecliptick, whether made by those Authors or any else.
3dly, That the Obliquity of the Ecliptick, was, in the Year 1680, universally allowed to be 23° 30' is a Position, that (with all due Deference to the Credit and Know- ledge of the Petitioners Informers) we think is not true; for Mr. Flamstead, long before, found it to be 23 and 29; and about the Year 1680, published his Doctrine of the Sphere; and through that Book, uses 23 and 29, as the greatest Obliquity; and so it's used by Sir Isaac Newton, in his Theory of the Moon: This was in Eng- land, by two as good Mathematicians as any in Europe: In France, Monsieur Le Hire, one of the Royal Academy of Paris, by Observations, of the Sun near the Zenith, and out of all Danger of Refractions of any Considera- tion, found it before that Time, to be 23 and 29; and, about that Time and since, it has been generally allowed to be so.
4thly, With all due Deference, as before, we have Reason to think, that the Tables the Petitioners men-
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tion, were not in use in the Year 1680, but decryed; and that the Opinions of Flamstead, Newton, and the most celebrated Mathematicians, of the Obliquity of the Ecliptick, being 23 and 29, obtained at that Time: And if we may use the Method of the Petitioners, to speak by Information, and reserve to ourselves the Liberty of altering and amending, we are informed, that in the Year 1682, (at the End of which, the Duke's Grant of Confirmation to the Proprietors pass'd) the Tables then in use, were calculated according to the Obliquity of the Ecliptick, at 23 and 29; and then, according to what themselves have advanc'd these Tables ought to be the Rule of settling the Latitude.
5thly, Admitting the Obliquity of the Ecliptick to be 23 and 30, or what greater Number of Degrees the Peti- tioners please; the Advantage or Disadvantage to them, would not arise from that Obliquity, but from the Time of Year in which the Observations were made; and had they been made during the Time of the Sun's Declin- ation to the Southern Tropick, the Petitioners would have complained; and according to their happy Way of Reasoning, inferred that it was intended, by the Duke's Grant, that the Observations should be made after the Sun had pass'd the vernal Equinox; and before its Re- turn to the Autumnal, because that Grant pass'd the 14th March, some small Time after the Sun had pass'd the vernal Equinox.
6thly, The Obliquity of the Ecliptick, Refraction of Rays and Things of that Kind, were proper subjects of Debate, between the Commissioners and Surveyors of each Province, (to whom the Discovery of the Places of Latitude were instructed) in order to use such Methods as they should agree to be most just and ef- fectual for the obtaining of that End; and accordingly, such Debates were, and by Agreement, between them, the Obliquity was settled to be a Mean between 23 and 29, and 23 and 30; and pursuant to that Agreement, the
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Observations made, and the Station settled, though something to the Disadvantage of your Honour's Mem- orialists, the true Obliquity being 23 and 29, which Jarrat cannot chuse but know; and that the Consent of our Surveyor to any addition to it, was, in Com- pliance with Jarrat's Capricios, and to promote the Set- tlement and Discovery of those Latitudes, and the Line of Partition, by the Legislature, and all the impartial of both Provinces, so earnestly desired, and not from any Belief or Knowledge he had, that such an Addition was just; and after these Matters have been discussed and agreed upon, and the Station settled, we hope it will not be in the Power of a few dissatisfied Persons, by Clamour and Noise, without Reason or common Sense, to defeat what is done in so solemn a manner, and pre- vent what ought to be done, in pursuance of their Oaths and Commissions.
The Petitioners second Reason for what they call their just Apprehensions, that a due and equal Regard has not been had, &c. is, that by a Draft made by George Kieth, Surveyor of the Jersies, the norther- most Branch of Delaware River is laid twenty five Miles to the Westward of the Fishkills.
1st. We deny that by any Map of George Kieth, any Branch to the Westward of the Fishkill, is laid down as the northermost Branch of Delaware River: There is a Map made by Philip Wells, Surveyor of New-York, which is called George Kieth's, that lays down a Branch to the Westward of the Fishkill, but does not determine whether that of the Fishkill is the norther- most Branch.
2dly, If there was or is any such Map made by George Keith, as they say, we can't see what can be inferr'd from thence, other than that the maker of such Map was made believe, there was such a Branch; but will no more prove there was such a Branch in reality, or any unfair Proceeding, as is suggested, than
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a Map (of which there are several) that lays down a large River running from Hudson's River into Hack- insack River, making that Part of Jersey that borders on Hudson's River an Island, will prove that there is, in Reality, any such River or Island as their laid down; nor will either of these mistakes, prove any Unfair- ness or Partiality of Proceeding; Had there, indeed, been such a River, as is said to be laid down by Kieth, and had that River been the northermost Branch of Delaware, and the Commissioners and Surveyors had fixed the Station 25 miles East of it, there had been just Reason of Complaint; but to infer an Unfairness of Proceeding, because a certain Person laid down a River in a Map, (which has no being in rerum Natura) is such of Way of Reasoning, as can have no Weight with any Men of common Sense, not very much pre- disposed in the Petitioners Favour.
3dly, We beg Leave to inform your Honour, that if there had been any such River as is suggested to be laid down in the Map, the Proprietors of the Eastern Division, and the Commissioners of the Jersey Side, would not have failed to have found it out, and fix'd the Station upon it, it being very much their Interest to have it so: A Station so fix'd, giving to the Eastern Division of Jersey, above 300000 Acres of Land, which is worth more than so many Pounds, whereas the Low-Lands supposed to be acquired by the Station on Fishkill; and which the Petitioners, by their low and vile Reflections, suggest to be the motive of (their imaginary) unfair Dealing, hardly amounts to 3000 Acres, and that not worth above Sixty Pounds per Hundred, which shews how little Ground there is, for the unreasonable Clamour they are encouraged to make on that Head.
That in the Year 1686, the Latitude of 41º, on Hud- son's River, was ascertained to be due West from Frederick Philipse's Lower-Mills, by the Surveyors of
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New-York and the Jersies, by the Consent of the re- spective Governours of both those Provinces, is a very great Mistake, in fact, no such Thing being to be found extant, of Record, in either of the Provinces Indeed, Philip Wells, Surveyor of the Province of New York, and one Andrew Robinson, Surveyor of the Province of West-Jersey, which was then a dis- tinct Province from East-Jersey, made some attempts to fix the Latitude of 41º on Hudson's River, and made a Report that they had so done, in which they made use of Keith's Name, in the Body of the Writ- ing, to give a Colour to their Proceedings, but it was without Keith's Consent, and he never signed it: And the Latitude so ascertained by them, was not, as the Petitioners say, due West of the Mills, but one Minute and 25 Seconds to the Northward of them. How far Col. Hamilton, by some ungarded Expressions in any Letter of his, might give occasion to wrest them to a Construction of owning a Thing that never was, we know not, but have no Reason to believe it on the Credit of the Relators, whose many Mistakes in Mat- ters of Fact, gives us good Reason to believe, they are misinform'd in this; and it seems very odd, that the Petitioners for so considerable a Fact as the Agree- ments of Governors of Provinces, concerning the Set- tlement of Lines of Partition between them, could produce no better Proof, than an accidental Expression in a Letter wrote Seven Years afterwards. Besides, should it be true, that Col. Hamilton did own what never was, we can't think the Proprietors are to be concluded by his mistaken Sentiments, having had no Authority from them to make any such Acknowledge ment; And if the Expressions of a Letter can be made use of, to conclude the Proprietors in an Affair of that Consequence; will not Col. Dungan's taking out a Patent from the Province of New-Jersey, (at the Time he was Governor of New-York) for the Lands he held
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in Staten-Island, with an equal Parity of Reason, con- clude the Crown as to that Island? This was an Own- ing upon Record, and an Owning with a Witness.
Though we think that neither of these Ownings will conclude the Crown, or the Proprietors, yet we beg Leave to mention one, that (as we humbly con- ceive) in Law and Justice, ought to conclude both; and that is, the solemn Agreement made between Col. Thomas Dongan, when Governor of New-York, and Gawen Lawrie, Esq; Governor of East-New-Jersey, in the Year 1684, who agreed and ascertained the Lat- itude of 41°, on Hudson's River, to be at the Mouth of Tappan Creek, in the Meadows where it runs into Hudson's River: This was an Agreement not to be charged with Partiality, Craft, or Practice; both the Governors, with the Council of each Province, or the greatest Part of them, and several Gentlemen of Figure, of both Provinces, went on the Spot; the most eminent Lawyers of both Provinces, attended to ad- vise, in case any Difficulty should arise in Construc- tion of the Words of the Duke's Grant. The Surveyor of each Province were there, who understood astro- nomical Observations, and were Men skillful in their Professions; there were others of both Provinces, very able in mathematical Learning: The Observations they made were done with Instruments of Six Foot Radius, two of which they had nicely graduated; the Obser- vations often repeated in the Presence of both the Governors, Councils, and Persons there attending; so that all Pretence and colour of Fraud was taken away.
The Latitude fix'd with the nicest Exactness in that great Presence, and agreed to by the Persons concern'd. and is extant of Record in this Province, as (we sup- pose) it is in that; this is an Owning we conceive, to be conclusive, and we humbly hope his Majesty's Goodness and Justice, will induce him to confirm what was done in so publick and solemn a manner; nothing
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so free from all objection being to be hoped for from a second Essay. However, we are not without some Hopes, the Justice and Prudence of the Government of New-York, in enforcing a Compliance, with the Di- rections and Intentions of the Legislature, will make Applications to His Majesty, needless on this Head, and prevent those Measures, we shall otherwise be under the necessity of taking, and which the Justice of our Cause will warrant, what the Petitioners say, with Respect to the naming of Commissioners, by the Governor not duly elected, is an Arraignment of his Conduct, and an accusing him of Partiality in that Affair; but with how much Injustice, may appear from the Minutes of the Council Book; by which it is plain, they were appointed by order of Council.
This is another Instance what Credit ought to be given to what they represent, and shews how willing and ready they are to sacrifice the Reputation of a Person, who has deserved a much better Treatment. It is very true, that John Johnston and George Wil- locks, are Proprietors of East-Jersey, and the Province of New-York, could not be hurt by them, it being much more their Interest, to have the North Partition Point (as is before hinted) fix'd where the Petitioners have placed their imaginary River, than any of the Peti- tioners, or all of them put together; and that the Commissioners took up Land on the Borders of this Province, while this Matter was in Agitation, or some Years before, is a Mistake; and the Petitioners have been very much misinformed, as they have been in all the following Articles.
That there was any obligation on the Surveyor of New-York, to grant the Bond mentioned, is another Mistake, for the same was his own voluntary Offer, and made for this Reason: A little Time after his being appointed, and after the Commissioners had got Warrants to receive £120, they were for agreeing with
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him for Twenty Shillings per Day, certain, which he would not accept, but said he would be upon the same Footing with the Commissioners, to have a Third of the £300, appropriated for that Purpose, and they having got £60, a Piece already if the same could be procured to him, he would give Security for the Per- formance of the Work, or to refund the Money; and in Case of his Death upon the Work, his Executors to retain in their Hands, so much as should be Satisfac- tion for the Work he had done; all which was but rea- sonable, and not for Performance of the Work alone, as is set forth in the Petition.
It was not without seeking for the right Branch, that the Resolution was taken of observing upon the Fishkill, as the Petitioners set forth, but with very good Reason; for before that Resolution, the Commis- sioners and Surveyors had Information from many, of the several Branches of Delaware, many of whom were willing to take their Oaths, that there was no considerable more westerly Branch of Delaware, that went near so far North as the Fishkill; but not being willing to trust to that, John Harrison, an East Jersey Man, and a considerable Proprietor there, and no Pro- prietor of West-Jersey, (and his being so, was rather the best Qualification in the World, for him to find a Westerly Branch) was pitch'd upon, and agreed with, to go and view all the Branches betwixt Delaware and Suskehanna River.
And it was no loss to have observed upon the Fish- kill; for if the Latitude had been found there, and a more Westerly Branch found, there would have needed no more, than to have run a true West Line to that more Westerly Branch: It's another Mistake, that upon Capt. Harrison's Return, his Report was, that there was no Branch to the Westward of the Fishkill; for in his Report he gives an account of several, with each-of their Breadths; but there was not one of these
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above 30 Foot wide, whereas the Fishkill, at the Sta- tion Point, (which, as they own, is above 24 Miles further North than the Way Capt. Harrison went) was found, by measuring, to be 462 Foot over, and widens much below that.
As to any Branch that could be betwixt the Place that Capt. Harrison went from, and the Station Point, the River was particularly search'd by the Commis- sioners themselves, and no considerable Branch they found, but one of about two Chains over at its Mouth, which runs to the West and South, and which even Capt. Harrison cross'd in his Way, he being assured it was the same, from the Information, both of Indians that he met with, and of the white Man that was his Guide, who had gone from that Place where he cross'd it, down in Canoes, to the Fishkill; and besides, it is not likely that a Branch of two Chains over, should run more Northerly, than one of eight Chains over, and which is much deeper, and at the same Time, a very swift Stream: seeing that the Fishkills Course is generally North-westerly, and that Branch goes out to the West, and turns to the Southward.
There was not one of the Jersey Commissioners at Madam Corbet's, during the Time that the Surveyors together, took any Observation there; it's true, that Mr. Wilcocks came, according to his Appointment with the other Commissioners: After Capt. Jarrat had taken Observations enough, and was gone to York, and was present at some Observations made by Mr. Alexander, for his own Diversion; but no one Observation was taken by Capt. Jarrat, or Mr. Alexander, after Jarrat's Return.
Its true, there was a Difference of four Miles in some of the Observations at Madam Corbit's; but from thence it cannot be inferred that the Instrument is erroneous, for if the Object Glass of the Telescope of the Instru- ment be not so plac'd, as that the Axis of the Glass is
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coincident with the Rays of the Sun shining thro' the Telescope, there will be a Variance, which, to do ex- actly, is beyond the Art of Man to do; but what ever that differs from the Truth, may be found out by only inverting the Telescope, and the Difference between that and the former Observation halved and added to the least, and substracted from the greatest, gives the true Observation, which every one that is tolerably versed in the Knowledge of Glasses knows to be true, and this Method was followed at Mackhacamack; and Capt. Jarrat acknowledges this to be the Reason of the Variation, but can't conceive what's so notoriously known; and James Alexander, does positively say, that he has observed with all the Parts of that Instrument, and that the Mean of the several Observations at the same Place of the Quadrant with the Telescope both Ways, doth not differ one from another above one Minute and a Half: What they say is evident beyond Contradiction, is ridiculous in itself, and proves, be- yond Contradiction, that the Petitioners know nothing of the Matter; for the Difference of the Observation be- tween the Fishkill and Madam Corbit's no more prove that the Partition Point is placed four Miles to the Northward, than it does, that it's four Miles to the Southward.
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