These things premised we shall beg leave to report our opinion on the Papers referred to us and first as to JMichael Halleubeck's confinement in Goal in this province we have seen a Coppy of a Letter from Governour Clinton to Governour Shirley of the first of October Last, acquainting him with Hallenbeck's Escape out of Goal and the mistakes of their Inf(?rmation Concerning him which renders any other answer in Our opinion needless Save that it has been proved to us that the Land on which the said Hallenbeck was settled at the time of the said Riot, has been held by him and Others before him under the said Robert Livingston

762 PAPERS RELATING TO THE

and his ancestors as part of tlie Mannor of Livingston above Sixty Years upon annual rents.

We Conceive that the Massachusets Buy could not witli any propriety, Interfere in tlie matter of liis Imprisonment even had his Bail been refused after proper application which however was not done.

As to the said Representation of the ll^i' of September

The two Houses of the Massaclmsetts Bay declare therein that *' they proposed the mutual appoinlTnent of Commissioners for Set- ■ iling the Boundary Line [wliich] this Jfew York Government did not agree to. But on the advice of the Councill there in a very Magisterial manner It was demanded of this Government what right they had to soil or Jurisdiction west of Connecticut nver?"^

Upon which we Beg Leave to remark that when they made the proposal to appoint Commissioners which was on the 12tb of Aprill tJiey had the report, of the Council! of this province of the 28'h of ffebruary under their Consideration In which the Question which they are pleased to Terra Magisterial was Contained and that it was a proper and the only Rational Question that Could be put will appear upon Considering that report and in part from the purport of it herein Before set forth. ' Tis a question to whicli this Government had Intitled it self To a fair answer by the rule of Equality of doing To us as we had done to them by our haveing given a fah' answer, in such manner as if the Like question had been put by the Massachusets Bay to this Government, and ' Tis a question We suppose they would have answ^ered, &. thereby have set forth their right if any other they had tlian what by that report is pointed out and shown to be void.