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George H. Cook,
STATE GEOLOGIST.
Edited by GET NJ
Copyright 2003
In accordance with this act a Commission was issued under the privy
seal, dated October 7th, 1767. (C. 2 Commission, p. 331, &c., July 25, 1768. )
The following gentlemen were named in
the Writ: Charles Stewart, John Temple and Peter Randolph, Surveyors
General of the Customs for the' District of Quebec and of the Northern and
Southern Districts of America respectively. Andrew Elliot, Receiver
General of the Quit Rents in the Province of New York; Chambers Russell,
Judge of the Court of Vice Admiralty for the Province of Massachusetts;
William Allen, Chief Justice of Pennsylvania; Samuel Holland and William
DeBrahm, Surveyors General of lands for the Northern and Southern
Districts of America; Andrew Oliver, Secretary of the Province of
Massachusetts; Charles Morris, Surveyor of lands and one of the Council of
Nova Scotia; Peyton Randolph, Attorney General and one of the Council of
Virginia; Benjamin Franklin of the Province of Pennsylvania, and Jared
Ingersoll of the colony of Connecticut.-John Jay was their Secretary. The
Commissioners met in the room of the Chamber of Commerce in NewYork, on
the 18th of June, 1769, and continued their sessions until the 7th day of
October, when their decision was rendered.
The agents of the Provinces,
assisted by able counsel, presented their respective cases, testimony,
surveys, maps, and arguments, fully and at great length, and it would seem
that every effort was made to get a perfect understanding and just
conclusion in the case. The decision was as follows.
"At a meeting of the
Commissioners appointed by His Most Gracious Majesty's Commission to
settle the Boundary line between the colonies of New York and New Jersey,
held at the Long Room, called the Chamber of Commerce; in the City of New
York, the 7th day of October, 1769.
PRESENT:
Charles Stewart, Esq.,
President.
"That King
Charles the Second by his Letters patent bearing date the twelth day of
March, 1664, did Grant and Convey to his Brother the Duke of' York, All
that Tract of Country and Territory now Called the Colonies of New York
and New Jersey; and that The said Duke of York afterwards by his Deed of
Lease and Release bearing date the 23d and 24th Days of June, 1664, did
Grant and Convey to Lord Berkely of Stratton and Sir George Carteret, that
part of the Aforesaid Tract of Land Called New Jersey. The Northern Bounds
of which in said Deed are described to be "to the Northward as far as
the Northernmost Branch of the said Bay or River of Delaware which is in
41 deg. 40 min. of Latitude and Crosseth thence in a Straight Line to
Hudson's River in 41 deg. of Latitude."
"We further find among the many
Exhibits a Certain Map compiled by Nicholas John Vischer, and published
not long before the aforesaid Grant from the Duke of York, which we have
reason to believe was Esteemed the most Correct Map of that Country at the
Time of the said Grant, on which Map is Laid down a Fork or Branching of
the River then Called Zuydt River or South River now Delaware River, in
the Latitude of 41 deg. and 40 min., which Branch we Cannot doubt was the
Branch in the Deed from the Duke of York Called the Northernmost Branch of
the said River, and which in the Deed is said to lye in the Latitude of 41
deg. and 40 min. And from a Careful Comparison of the several Parts and
Places Laid down on the said Map, some of which, more Especially towards
the Sea Coast and on the Hudson's River we have reason to believe were at
the time well known. The Distance of the said Branch from the Sea Shore on
the South, and the Relative situation of the same with regard to other
places and the lines of Latitude as they appear to be laid down on the said Map at that and other places in the Inland Country: We are of
opinion that the said Branch so laid down on the said Map, is the Fork or
Branch formed by the Junction of the Stream or Water Called the
Mahackamack, with the River Called Delaware or Fishkill, and that the same
is the Branch Intended and referred to in the before mentioned Deed from
the Duke of York, as the Northern Station at the River Delaware, which
Fork or Branch we find by an observation taken by the surveyors appointed
by the Court, to be in the Latitude of 41 deg. 21 min. and 37 seconds.
"We are further of opinion that the Northern Station at Hudson's River
being by the words of the said Deed from the Duke of York, Expressly
Limited to the Latitude of 41 deg. should be fixed in that Latitude, which
Latitude we have caused to be taken in the best manner by the Surveyors
appointed by the Court, and which falls at a Rock on the West Side of
Hudson's River marked by the said Surveyors, being 79 Chains and 27 Links
to the Southward on a Meridian from Sneydon's House, formerly Corbet's.
"It is Therefore the final Determination of the Court That the Boundary or
Partition Line between the said Colonies of New York and New Jersey, be a
direct and straight Line from the said Fork at the Mouth of the River
Mahackamack, in the Latitude of forty-one degrees twentyone minutes and
thirty-seven seconds to Hudson's River at the said Rock, in the Latitude
of forty-one degrees as above described.
Andrew Elliot, Esq.,
Samuel Holland, Esq.,
Andrew Oliver, Esq.,
Charles Morris, Esq.,
Jared Ingersoll, Esq.,
Chas. Stewart,
Andrew
Elliot,
Andrew Oliver,
Jared Ingersoll."
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