well known and distinguished in all the Accurate Maps of the Country and such Line we Contend is the rear Line of the Tract that was granted by King Charles the second to James Duke of York because that the words of both of the above Mentioned Patents to the Duke of York, are "All the Lands from the West side of Connecticut River to the East side of Delaware Bay" and therefore Can not by any possible Construction admit of an extent of land beyond the Head of the Bay and along the River, Delaware Bay and River things as Geographically different as River and Ocean whence we insist that whatever may be the boundary intended by the several grants from the Duke of York to the Proprietaries of New Jersey; Yet the Operation of those Grants must necessarily be confined to the bounds assigned to him by his Patents from the Crown. But 2 If against the Letters of those Patents it were Possible to conceive that all the Lands between Delaware Bay and River on the one side and Connecticut River on the other up to their respective sources passed to the Duke of York yet we Contend that even in such Case the Boundary in Construction of the Dukes several aforesaid Grants to the Proprietaries of New Jersey would be a direct Line from the Stationary Point on Hudsons River to the Spot or place which is now Commonly called the Forks of the Delaware or which is the same thing that Course reversed. This Construction we will support first by intrinsic Evidence in the words of those Grants and secondly by extrinsic proof Drawn from Different Quarters. 1 From the words of those grants tho' certain Degrees of Latitude are therein mentioned as well on Delaware River as on Hudsons River yet the words to Hudsons River in forty one Degrees of Latitude plainly and necessarily import that the Latitude itself on Hudsons River was to be the Boundary but the words in the same grants that respect the Boundary on Delaware are of quite Different Frame they are up the said River Delaware in the one as far as and in the other to the Northermost Branch thereof which necessarily import that the beginning of the Northermost Branch of Delaware is the Boundary there and that the words, which is in forty one Degrees & forty Minutes (being relative Terms and plainly referring to which Northermost or Beginning of the Northermost Branch) are added as descriptive of the beginning of the Northermost Branch or the spot where the Boundary was intended to be; and therefore the beginning of the Branch and not the Latitude being intended to be the Boundary and the Latitude being only descriptive if such Latitude was mistaken in the description and the Beginning of the then esteemed Northermost Branch can be shewn that and not the True Latitude must be the Boundary; and Therefore 2ly Our extrinsic Proofs will be calculated to shew that the beginning of the Northermost Branch of Delaware in the estimation and intention of the Duke of York and his grantees was at the Place now called the York of the Delaware-These extrinsic Proofs we Shall introduce Principally under the influence of this observation to wit that considering the Dates of the Grants from the Duke of York to his grantees considering also that both grantor and Grantees were in England at the time of those Grants they must have been framed not by actual observations & mensurations on the spot but from a View of maps which maps must (considering the above mentioned possession of the Country by the Dutch) have been Antient Dutch Maps or Maps compiled from them by the English. Having thus stated our demands and pretensions against New Jersey as far as respects the Seignory and property of the Crown to consist either in a line running on a Course from the given Latitude on Hud sons River to the Forks of Delaware until such a line Intersects the above mentioned line from the Head of Connecticut River to the Head of Delaware Bay and from the said place of Intersection along the last mentioned line to the Head of Delaware Bay or in a straight line from the given Latitude on Hudsons River to the Forks of the Delaware We proceed to state the Quantum of the Seignory and property in the Crown which is affected by this Controversy and this we shall do by showing that a Vast Body of Land lying upon Either of those suppositions within the Colony of New York still remains Vested in point of property in the Crown To s'pport this we insist and shall prove that in the Year 1686 East and West Jersies being then distinct Governments they in Conjunction with the Government of New York fixed and agreed upon a Station on the West side of Hudsons River Due West of Frederick Philips's lower Mills, which to this Day are standing on the East side of the said River which Station was then esteemed to be in the Latitude of forty one Degrees on Hudsons River and also another Station on Delaware River at certain Marked Trees and that a straight line from the said Station so fixed on Hudsons River to the said Trees had such line been actually run would have been on a Course North sixty two Degrees West according to Natural position and that in reference to those stations and the said necessarily supposed Line from the one to the other of them all the patents within this Colony that are expressly or implicatively bounded on the Line of Partition are Limited and as far Southward as those Stations this Government has uninterruptedly exercised its Jurisdiction until of Late Years a considerable tract of Country near and about Minisink was by Violence on the part of New Jersey torn from the Jurisdiction of the Colony of New York. These facts we shall prove by a great Variety of evidence Extracted from Ancient Maps Public Records and act of Legislatures of both Colonies and the testimony of Witnesses whensoever the same shall on a reasonable Day to be fixed by the Commissioners be required. Letter of Acknowledgment from Governor Franklin to the Earl of Hillsborough-He fears the evil effects of the action of the Assembly of South Carolina. [From P. R. O. America and West Indies, Vol. 174 (192).] BURLINGTON, Sept 27, 1769 The Right Honble the Earl of Hillsborough. My Lord I am honoured with your Lordships Letters N. 19, & 20. The first containing His Majesty's Directions in respect to the Bill for making current One hundred Thousand Pounds in Bills of Credit; and the latter enclosing an Additional Instruction concerning Lotteries both which I shall be careful to observe. By Advice of the Council I have summoned the General Assembly to meet here on the 10th of next Month. I shall omit nothing in my Power to keep them in a proper Temper, and to induce them to grant a farther Supply for the Support of the King's Troops in this Colony: But I am not without some Apprehensions that the late Resolves of the Assembly of South Carolina, wherein they refuse to make any such Provision, & declare that those Expences ought to be defray'd out of the Revenue arising from the American Duty Acts, while those Acts continue in Force, will have an ill Effect on the Minds of the Assembly of New Jersey, and occasion them to act in the same Manner. I have the Honour to be, with great Respect, most obedient & most humble Servant W FRANKLIN Letter from Governor Franklin to the Earl of Hillsborough, announcing the death of Mr. Ashfield, a member of the Council, and recommending three persons as fit to fill the vacancy. [From P. R. O. America and West Indies, Vol. 174 (192).] BURLINGTON Oct 5, 1769: The Right Honble the Earl of Hillsborough, &c. My Lord, Mr Ashfield, one of His Majesty's Council for this Province, died last Week, after a long Indisposition.' I take the earliest Opportuuity to acquaint your Lordship with this Circumstance, and at the same Time beg leave to recommend William Bayard, Esq to Sup Lewis Morris Ashfield was the oldest child of Richard Ashfield and Isabella. daughter of Governor Lewis Morris. His father (bap. Dec. 15, 1695; will proved July 27, 1742), was the fourth child of Richard Ashfield, who was a nephew of Thomas Hart, one of the twenty-four East Jersey Proprietors, and came to America about 1683.-N. Y. Gen. & Biog. Record, January, 1875, 21; Elizabeth-Town Bill in Chancery, 11, 83. He was admitted to the New Jersey bar, May, 1746, and eighteen years later was licensed as Sergeant.-Vroom's Sup. Ct. Rules, 1885, 54, 58. Doubtless through the influence of his uncle, Robert Hunter Morris, Lewis Morris Ashfield was recommended, March 26, 1751, by the Lords of Trade, for appointment to the Council of New Jersey, which gave rise to a long and acrimonious controversy with Governor Belcher. Ashfield got into a discreditable street encounter, for which he was indicted in August, 1751, but was acquitted in the following March. However, Governor Belcher on this and other pretexts kept him out of his seat in the Council until April, 1753.-N. J. Archives, VII., VII., Part I, passim. He was continued in office under successive Governors. --Ib., 41, 274.-W. N.] |