Edited by GET NJ
Copyright 2003

"Samuel Holland and Charles Morris, Esquires, two of the members of the Court not Concurring in a part of the foregoing determination, viz., That part respecting the Station at Hudson's River, desired to have their Reasons for such their Dissent entered on the Minutes of our Proceedings, which was allowed and they are as follows:

"The Northern Boundary of the Province of New Jersey, is the matter Submitted to bur Consideration and to Ascertain the Extremities of the Partition Line upon Hudson's and Delaware Rivers.

"In doing this We are to proceed upon Principles of Justice and Equity, having respect to the Proofs. This we apprehend to be [the] Language and Intent of [our] Commission and It is necessary It should be so because the Country was but little known at the Time The Grants to the Duke of York were made, and We must of necessity have recourse to the ancient Maps which were in being at Time of making these Grants.

"It is difficult to ascertain with precision what Lands passed to the Duke of York by his Grant, Either from the Express Words of the Grant or by any Maps of the Country that appear to us to have been then extant. Nor is it probable that the Duke or his Grantees were better Informed when He Conveyed New Jersey to Berkley and Carteret; the best Lights We have on this Matter are the Maps of Vischer.

"The words relative to the Latitude in the Grants to Berkley and Carteret, are words of Description concerning the Northernmost Branch of Delaware, and We do not find upon Inquiry any Branch in the Latitude mentioned. A Branch nevertheless Seems to be Intended. The Branch nigh to that Latitude is Mahackamack and which, from a view of this Ancient Map we are Induced to believe was the North Partition point intended by the Parties, and think in Justice and Equity ought to be so determined, becausesa Line from Hudson's River to the Branch at Eas. ton, claimed on the part of New York, or to that of the Poughpaxtonk and Mohawk Branches claimed by New Jersey, would Involve many of his Majesty's subjects in Absolute Ruin who hold respectively under Each Government.

"It is therefore upon this principle The Point on Hudson's River we apprehend ought also to be fixed, for as It appears by Vischer's Map that the Latitude of forty-one on Hudson's River, which Map We apprehend was the Guide and direction to the Duke in foiming his Grants to Berkley and Carteret. This Map, ascertains the Latitude of fortyone on the upper part of the Manhattan's Island.

"If the Country therefore was vacant we should not Hesitate in Declaring that the Latitude of forty-one as laid down in the Ancient Maps would in Equity be the Station on hudson's River, and more Especially because We have had abundant Experience in our own Departments to Observe that the Ancient Geographers find their Latitudes in these parts of the Continent Several Miles more Southerly than they are found to be by more modern Observations. In Tenderness therefore to the New Jersey Settlers, We are Inclined to a more Northern Station and in settling the place where, Consider that before the Contested Territory was planted a Place due West of Frederick Phillips Mills gained the Reputation as the Station Point upon Hudson's River, and a Line fiom this Station which appears to be Anciently fixed by the Governments concerned will be the Least detrimental to the Settlers, and one more Northerly will Comprehend many Farms in a populous Neighborhood held under New York by Ancient Patents. We Cannot help being of Opinion That a Line thence to the Mahaokamack Branch will be the most Just and Equitable of any We can fix upon agreeable to the design of the Royal Commission which We imagine will be most Conformable to His Majesty's Gracious Intentions to His Subjects in both Provinces.

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