Humbly Sheweth That in obedience to your Excellency's order in Councill of the 24th of July last past; I have Perused and Considered the papers laid before me by your Excellency's Said order, Relating to the Eastern Boundarys of this Province of New York; North of the western Bounds of the Colony of Connecticut, in order to discover and ascertain the bounds between this Government and the Government of New Hampshire, for which purpose, I beg leave to Lay before your Excellency the Following Observations, -

538 CONTROVERSY RESPECTING THE

That the Government of New Hampshire Seem to found their right of Extending the bounds of that Government Westward, upon the Examples Set them by the two Charter Governments of Massachusetts Bay and Connecticut, and Conelude that because those two Governments have extended their western bounds within about twenty miles of Hudsons River that therefore the province of New York does not extend further Eastward, and that the Bounds of Hampshire Government must In Consequence thereof Extend within the Same distance of the Said River.

I shall therefore in the first place endeavour to Shew that what the Said two Charter Governments have done ought not to be of any weight with.regard to the Settlement of the bounds Between this Government and the Government of New Hamp- _ Shire, and Shall afterwards Endeavour to Shew from Such papers and materials as I have been able to collect, what ought to be considered as the bounds of this Government.

That the line between this Government and the Colony of Connecticut is within about 20 miles of Hudson's River is' Certain ; but then the claim of the Colony of Connecticut to that line, is founded upon an agreement made with this Government in or about the year 1684, which agreement was afterwards Confirmed by King William and thereupon the Lines between the two Governments were run and the Bounds marked by Commissioners from both in the year 1725, which has fixed the Eastern bounds of this Colony about 20. miles East of Hudson's river, as far north as the Colony' of Connecticut Extends ; but that that Agreement with Connecticut Relating to the Bounds between that Government and this, Should be made use of as a reason for Confining this Government to the Same lines or bounds from Hudson's river north of the bounds of Connecticut Government, I conceive would be altogether unjust ; Because that was a Special agreement between those twa Governments only, and had not any manner of Relation to the bounds of this Government, north of the Connecticutt Government; but left those bounds in the Same manner That they were before that agreement Took Place ; and the Boundaries there to be Settled and ascertained upon other Reasons and Considerations than took place and were of weight in Settling the bounds between this and the