" has never made any Grants of the Soil; or where fuch Grants have by "Efcheats reverted to your Majefty. "With Regard to the first of these Interests; viz. that of Sovereignty, it "has been alledged to us in Support of the Act, that it is not materially' "affected by the Queftion, as both Provinces are under your Majesty's "immediate Direction and Government: but they stand in a very different' Light with Refpect to your Majefty's Intereft in the Quitrents and Es"cheats; in both which Articles the Situation of the two Provinces appears to us to make a very material Alteration: for altho' the Province "of New-Jersey is not under Regulations of Propriety or Charter with Refpect to its Government, yet it is a proprietary Province with Respect "to the Grant and Tenure of its Territory, and confequently as New-York " is not in that Predicament, the Determination of the Boundary in Prejudice to that Province, will affect your Majesty's Intereft with Refpect "to the Tenure of fuch Lands as are concerned in this Question: it being evident, that whatever Districts are supposed to be included in the Li"mits of New-ferfey, will immediately pass to the Proprietors of that: Province, and be held of them, by which Means your Majefty would "be deprived of your Escheats, and the Quitrents would pafs into other "Hands. ་་ "To obviate this Objection, it has been alledged, that the Crown has already made absolute Grants of the whole Territory that can poffibly "come in Queftion under the Denomination of this Boundary, and re"ferved only trifling and inconfiderable Quitrents on those Grants. But "this Argument does not seem to us to be conclufive, fince it admits an "Interest in your Majefty, the Greatness or Smallness of which is merely "accidental; and therefore does not affect the Effence of the Queftion : " and we beg Leave to obferve, that in the Cafe of exorbitant Grants with "inconfiderable Quitrents; and where confequently it may reasonably be "fuppofed, that the Crown has been deceived in fuch Grants by its Offi"cers; your Majesty's contingent Right of Property in Virtue of your Seig"neurie, feems rather to be enlarged than diminished. "This being the Cafe, it appears to us, that Governor Hunter ought " not to have iffued his Commiffion for running the Line above mentioned, "without having previously received the royal Direction and Inftruction " for that Purpofe; and that a Commiffion iflued without fuch Authority, can be confidered, with Refpect to the Interefts of the Crown, in no c"ther Light than as a mere Nullity: and even with Refpect to New-York,, "we observe, that the faid Commiffion is queftionable, as it does not fol-' "low the Directions of the above-mentioned Act, paffed in 1717, which' "declares, that the Commiffion to be issued, shall be granted under the joint Authority of the Governor and Council of that Province. "But it has been further urged, that the Crown has fince confirmed "these Transactions, either by previous Declarations or by fubfequent Ac-' quiefcence, and confequently participated in them, fo far as to conclude "itfelf: we fhall therefore, in the next Place, beg Leave to confider the "Circumstances urged for this Purpose. "It has been alledged, that the Crown, by giving Confent to the afore-' "faid Act, paffed in New-York in 1717, for paying and discharging several "Debts due from that Colony, &c. concluded and bound itself, with Re- ́ "spect to the subsequent Proceedings had under the Commiffion iffued by "Governor Hunter; but the View and Purport of that Act appears to us so entire, and fo diftinctly formed for the Purpofe of raifing Money' " and establishing Funds; fo various and fo diftinct from any Confidera"tion of the Difputes fubfifting in the two Provinces, with Refpcct to the "Boundaries; that we cannot conceive a fingle Claufe in fo long and fo intricate an Act, can be a fufficient Foundation to warrant the Proceedings of Governor Hunter fubfequent to it, without a special Au→ thority from the Crown for that Purpose; and there is the more Reason "to be of this Opinion, as the Crown, by giving its Affent to that Act, " can be conftrued to have affented only to the levying Money for a future Purpofe; which Purpose could not be effected by any Commiffion, "but from itfelf; and therefore can never be supposed to have, thereby, approved a Commission from another Authority, which was at "that Time already iffued, and carrying in Execution, previous to fuch "Affent. "We further beg Leave humbly to represent to your Majefty, that the "Line of Partition and Divifion between your Majesty's Province of New"York and Colony of Connecticut, having been run and ascertained, pur"fuant to the Directions of an Act paffed, at New-York, for that Purpose, in the Year 1719, and confirmed by his late Majefty in 1723; the "Tranfactions between the faid Province and Colony, upon that Occafion, "have been alledged to be fimilar to, and urged as, a Precedent, and " even as an Approbation, of the Matter now in Question: but we are humbly of Opinion, that the two Cafes are materially, and effentially, "different. The Act paffed in New-York, in 1719, for running and afcer taining taining the Lines of Partition and Divifion between that Colony and the Colony of Connecticut recites, that in the Year 1683, the Governor and "Council of New-York, and the Governor and Commiffioners of Con"necticut, did, in Council, conclude an Agreement concerning the Boun"daries of the two Provinces; that, in Confequence of this Agreement, "Commiffioners and Surveyors were appointed on the Part of each Go"vernment, who did actually agree, determine, and afcertain, the Lines "of Partition; marked out a certain Part of them, and fixed the Point "from whence the remaining Part should be run: that the feveral Things agreed on and done by the faid Commiffioners, were ratified by the respective Governors; entered on Record in each Colony, in March 1700; approved and confirmed by Order of King William, the third, in his Privy "Council; and by his said Majesty's Letter to his Governor of New-York. "From this Recital it appears to us, that those Transactions were not only "carried on with the Participation, but confirmed by the exprefs Act and Authority of the Crown; and that Confirmation made the Foundation "of the Act paffed, by New-York, for fettling the Boundaries between the "two Provinces; of all which Authority and Foundation the Act, we now lay before your Majesty, appears to us to be entirely destitute. Upon the Whole, as it appears to us, that the Act in Question, can"not be effectual to the Ends proposed; that your Majesty's Interest may "be materially affected by it, and that the Proceedings, on which it is "founded, were not warranted in the firft Inftance, by the proper Authority, but carried on without the Participation of the Crown; we cannot "think it advisable, to lay this Act before your Majefty, as fit to receive "your royal Approbation. THE HISTORY OF NEW-YORK. PART V. From the Year 1720, to the Commencement of the Adminiftration of Colonel Colby. W LLIAM BURNET, Efq; took upon him the Government of this Province, on the 17th of September, 1720. The Council named in his Inftructions, were Colonel Schuyler, Colonel Heathcote, Mr. Barbarie, Mr. Burnet was a Son of the celebrated Bishop of that Name, whofe Piety and Erudition, but especially his Zeal and Activity, for the glorious Revolution and proteftant Succeffion, will embalm his Memory to the most diftant Ages. The Governour was a Man of Sense and polite Breeding, a well read Scholar, sprightly, and of a focial Difpofition. Being devoted to his Books, he abstained from all those Exceffes, into which his pleasurable Relish would otherwife have plunged him. He ftudied the Arts of recom |