for taking the Subscriptions in pursuance of the Said Agreement, was apprehended by the Deputy Sheriff of the County of Orange, at a place Several miles within this province, and was carried to prison at Goshen, where he Remained twenty four days. And your Said petitioner was lately Arrested in Morris County on a process out of Orange County Court for nineteen pounds at the Suit of Johannes Westbrook Jun and Carried to Goshen Goal, where he Remained a prisoner for Eight days, and then was obliged to Give Bail to the Action, and to Give a Note of hand to the Sheriff for thirty Shillings.

That Isaac Scovenoven one of the Constables of Morris County, and your petitioner Jurian Westphale, and Several others the Said Constables Assistants in Serving a warrant. from your Petitioner Vanaken, are Severally Arrested in Morris County, on process Issuing out of Orange County County Court for nineteen pounds, at the Suit of Johannes Westbrook Jun! who does not pretend to have any cause of Action against the Said Constable or his Assistants, but their having Executed the Said Warrant on him,

That Johannes Hoghtelen one other Constable of Morris County (for what reason your petitioners know not) had his horse Shott under him within Morris County, Sundry of his Goods taken from him, and himself Committed to prison at Goshen where he has been four weeks, and Still remains there in close confinement.

May it therefore please your Excellency and his Majesties Council to take the heavy Grievances under which your petitioners and their Neighbours do labour, as aforesaid into your Consideration, and to Afford them Such Relief as may put a Stop to the like Grievances for the future until such time as the partition Line between the Said provinces Shall be finally run and Ascertained; and that the said Line may be run

as Soon as possible in order that an end may be thereby put to the like Grievances afterwards, and your petitioners as in duty bound Shall every pray.

[October 1743]

ABRAHAM VANAKEN

his

JURIAM WESTPHALE

mark.

Report of Chief Justice Robert Morris to the Board of Proprietors of East Jersey-concerning the Northern Boundary.

[From Papers of F. J. Paris in New Jersey Historical Society Library Vol. A, p. 187.]

MR. MORRIS Informed the Board that on the twenty fourth day of October he waited on Governor Clinton at New York, & delivered him a letter from Governor Morris, which inclosed a Coppy of the Petition of Abraham Vanaken and Jurian Westphale to the Governor and Council of New Jersey, and coppies of two Memorials from the Council of Proprietors of the Eastern Division of New Jersey' to Governor Morris concerning the Partition Line between New York and New Jersey. Upon Gov: Clintons Reading the Letter and papers he said it was necessary the Line Should be run and Settled, & that Some Steps Should be taken to preserve the peace & till that could be done: Lieutenant Governor Clark, who was present, Said there would be no way of preserving the peace but by runing the Line. Governor Clinton then told Said Morris, that he would take the Matter into Consideration, and on Said Morris's return from

The memorials are on pages 138 and 144. In an affidavit referring to these memorials, made by Chief Justice Morris in September, 1748, he draws attention to the fact that, one of them was not from the Council of Proprietors of East Jersey, but was composed of Committees from the two Councils of East and West Jersey.-ED.

New England, where he was then going, he would Lett him know more of his thoughts on the Subject.

Mr Morris farther informed the Board that on the 28th of october he Returned to New York from New England, and waited on Governor Clinton to know what Resolution he had taken Concerning the Line of Partition; who Informed him, that he had Consulted Chief Justice Delancey upon the head, and Desired Said Morris to Give a meeting to Mr Delancey on that affair.

On the 29th of october in the Morning the Said Morris spoke to Chief Justice Delancey, who desired a meeting that evening, and Said he would give Notice to Some of the people Concerned in Lands on that Line to attend, and desired Said Morris to give Notice to some others. Accordingly a Meeting was had that Evening at Todd's The persons present were, Chief Justice Delancey, M Lewis Morris Jun! M William Smith, M John McEvers, M Robert Batsey, and the Said Morris.

The occasion of the meeting being opened, M: MEvers Began, by Insisting that the Station points on Hudson's & Delaware Rivers had been fixed in the year 1686 by the Consent of Both Governments, but that the Line had never been ruu. That the people who held Lands under a Jersey Title to the Northward of those points were ordered to take out patents from New York, and that patents were Granted, not only to those who had Jersey titles but to others for all the Land to the Northward of those points So fixed on Delaware and Hudson's River, and had been possessed ever Since under those titles. Said Morris then observed, that it was incumbent on him to Show 1 who the persons were that had fixed those Stations. 2. what Authority they were Vested with for that purpose.

3. who gave them that Authority.

4. That the persons appointing them had power to Dispose of the Lands on each side of the Line.

5. That the persons So appointed and impowered Did fix and agree upon the Station points.

6. Where those Station points are, that were So fixed & agreed on.

:

In answer to these M McEvers produced and read a Letter from Governor Hamilton to Governor ffletcher, which is Said to be wrote at the Request of the Council of proprietors, and mentions the Station on Hudson's River to have been fixed by the Surveyors of both provinces, west from Phillipse's Lower Mills, he also produced and read part of the Act for Runing the Division Line between East and west Jersey, and insisted that the Course of that Line from Little Egg harbour was to be N. 14° 20′ W. which he said would run to the Station point in the North Branch of Delaware which Was laid down on a Map produced by him: But appeared to be the Westerly Branch of Delaware, which in that Map is Made a large River Runing North, and a Line is drawn from that Branch to Phillipse's Mills which falls to the Southward of the Minisink Island. Then Said Morris further informed the Board, that from the Little Knowledge he had of the Scituation of the Country Laid down in that Map, he Judged it to be a very unjust one, and imagined it made on purpose to deceive the persons Concerned in Lands on that Line, and to tempt Ignorant people to purchase Jersey Lands from New York patentees. The Said Morris then produced an original Indenture Executed by the Commissioners and Surveyors of Both provinces, pursuant to the Acts of Assembly of the respective provinces. By which Indenture it appears that the Commissioners and Surveyors agreed on which was the North Branch of Delaware and, fixed the Station point upon it. He also produced an Original Map made by Allan Jarratt, who was the

General Surveyor for the province of New York, and Assisted in fixing the Station point on Delaware, and was also one of the parties to the Indenture produced, this Map Contains great part of Jersey, part of the River Delaware, the Station point thereon, the Random Line, and part of Hudson's River: and insisted that the agreement mentioned in that Indenture, and the Station then fixed would certainly Stand Good unless they could show a fixing prior to that, done by persons having authority which he imagined they could not do, To this it was Answered; that the Commissioners on the part of New Jersey were all Concerned in interest, and those on the york part were ignorant of things of that Kind, that the Instrument was Bad; And many other arguments were used against that Settlement. M McEvers Grew very warm, and declared he had Sold the Lands down to what he looked upon to be the division Line, and had received the money, and never would agree to any other Line. Mr Smith Said there was great force in Mr McEvers's Arguments. The Chief Justice levelled all his Arguments against the Station point on Delaware: he being there most Concerned, At last M McEvers produced a Copy of the Jersey Boundaries; which furnished the Chief Justice with another Argument, by which he would confine the Jersey proprietors to the forks of Delaware, and from thence by a Strieght Line to the Latitude of 41" on Hudson's River. After this there was much talk to little purpose, when they agreed to Meet again, and Let the Council of proprietors know their Resolutions.

From the whole of M McEvers's Conduct at that Meeting, Said Morris could not but conclude that he was against runing the Line at all.