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NEW YORK.

The territory included in the present State of New York was embraced in the French and English grants of 1603 and 1606. The Dutch, however, in 1613 established trading posts on the Hudson River and claimed jurisdiction over the territory between the Connecticut and Delaware rivers, which they called New Netherlands. The government was vested in "The United New Netherland Company,' chartered in 1616, and then in "The Dutch West India Company, chartered in 1621.

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In 1664 King Charles II of England granted to his brother, the Duke of York, a large territory in America, which included, with other lands, all that tract lying between the west bank of the Connecticut River and the east bank of the Delaware. The Duke of York had previously purchased, in 1663, the grant of Long Island and other islands on the New England coast, made in 1635 to the Earl of Stirling, and in 1664, with an armed fleet, he took possession of New Amsterdam, which was thenceforth called New York. This conquest was confirmed by the treaty of Breda in 1667.

The following is an extract from the grant of 1664 to the Duke of York:

All that parte of the maine land of New England beginning at a certaine place called or knowne by the name of St. Croix next adjoyning to New Scotland in America and from thence extending along the sea coast unto a certain place called Petuaquine or Pemaquid and so up the River thereof to the further head of ye same as it tendeth northwards and extending from thence to the River Kinebequi and so upwards by the shortest course to the River Canada northward and also all that Island or Islands commonly called by the severall name or names of Matowacks or Long Island scituate lying and being towards the west of Cape Codd and ye narrow Higansetts abutting upon the maine land between the two Rivers there called or knowne by the severall names of Conecticutt and Hudsons River togather also with the said river of Hudsons River and all the land from the west side of Conecticutt to ye east side of Delaware Bay and also all those severall Islands called, or knowne by the names of Martin's Vinyard and Nantukes otherwise Nantuckett togather with all ye lands islands soyles harbours mines minerals quarryes woods marshes waters lakes ffishings hawking hunting and ffowling and all other royalltyes proffitts commodityes and hereditaments to the said severale island lands and premisses belonging and appertaining with theire and every of theire appurtenances and all our estate right title interest benefitt advantage claime and demand of in or to the said lands and premises or any part or parcell thereof and the revercon and revercons remainder and remainders togather with the yearly and other ye rents revenues and proffitts of all and singular the said premisses and of every part and parcell thereof to have and to hold all and singular the said lands islands hereditaments and premisses with their and every of their appurtenances.

In July, 1673, the Dutch recaptured New York and held it until it was restored to the English by the treaty of Westminster, in February, 1674.

The Duke of York thereupon, to perfect his title, obtained a new

grant in substantially the same terms as that of 1664 (C. and C., p. 1328), of which the following is an extract, viz:

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All that part of the mainland of New England, beginning at a certain place called or known by the name of Saint Croix nexe adjoining to New Scotland in America, and from thence extending along the sea-coast into a certain place called Petuaquim or Pemquid, and so up the river thereof to the furthest head of the same as it windeth northward and extending from the river of Kinebequ and so upwards by the shortest course to the river Canada northwards; and all that island or islands commonly called by the several name or names of Matowacks or Long Islands, situate and being toward the west of Cape Cod and the narrow Higansuts abutting upon the mainland between the two rivers there called or known by the several names of Con`necticut and Hudson Rivers, together also with the said river called Hudson's River, and all the lands from the west side of Connecticut River to the east side of Delaware Bay; and also all those several islands called or known by the names of Martin Vinyard and Nantukes, otherwise Nantuckett.

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By these grants to the Duke of York and the conquest of the Dutch possessions in America it will be seen that New York originally had a claim to a much larger territory than is now included in her limits. The successive changes in her extent may be sketched as follows, viz: In 1664 the Duke of York sold the present State of New Jersey to Lord John Berkeley and Sir George Carteret.

In 1682 the Duke of York sold to William Penn his title to Delaware and the country on the west bank of the Delaware, which had been originally settled by the Swedes, then conquered by the Dutch, and which had by them been surrendered to the Duke of York.

In 1686 Pemaquid and its dependencies were annexed to the New England government by a royal order, the Duke of York having acceded to the throne of England.

By the charter of 1691 to Massachusetts Bay, all claim to any part of Maine was extinguished, and the islands of Nantucket, Marthas Vineyard, and others adjacent (hitherto known as Duke's County, New York), were annexed to Massachusetts Bay.

The territory west of the Connecticut River to within about 20 miles of the Hudson River, now forming a portion of Massachusetts and Connecticut, were, by agreements and concessions made at various periods, surrendered to those States respectively.

In 1781 New York released to the General Government all the lands to which she had claim west of a meridian extending through the west extremity of Lake Ontario, and in 1790 she gave up all claim to the present State of Vermont and consented to her independence.

By these successive reductions New York was left with substantially her present boundaries.

(For the history and settlement of the eastern boundary of New York, vide Vermont, Massachusetts, and Connecticut, ante, pp. 52, 68, and 73.)

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The northern boundary was settled by the treaty of peace in 1783 and by the commission under the sixth article of the treaty of Ghent. (Vide p. 11.)

The boundary between New York and New Jersey was plainly stated in the grant by the Duke of York to Berkeley and Carteret. (Vide New Jersey, p. 83.)

In 1719 attempts were made to have the line run and marked, but nothing seems to have been done to settle the matter permanently till 1769, when commissioners were appointed by the King, who fixed on substantially the present line. (Vide R. S. N. J., 1821, pp. 29-34.)

In 1772 this line was confirmed by the legislatures of both colonies, and commissioners were appointed to survey and mark the same. This line was as follows, viz:

A direct and straight line from the fork or branch formed by the junction of the stream or waters called the Machackamack with the river Delaware or Fishkill, in the latitude of 41° 21′ 37′′, to a rock on the west side of the Hudson River, marked by the said surveyors, in the latitude of 41°—said rock was ordered to be marked with the following words and figures, viz: "Latitude 41° north;" and on the south side thereof, "New Jersey;" and on the north side thereof, "New York;" also to mark every tree that stood on the line with five notches and a blaze on the northwest and southeast sides thereof, and to put up stone monuments, at 1 mile distance from each other, along the said line, and to number such monuments with the number of miles; the same shall be from the before-mentioned marked rock on the west side of Hudson's River, and mark the words "New Jersey" on the south side and the words " New York" on the north side of every of the said monuments. (See R. S. of N. J., 1821, pp. 29–34.)

The above was confirmed by the King in council September 1, 1773. In the year 1833 commissioners were appointed by New York and New Jersey for the settlement of the territorial limits and jurisdiction of the two States.

In the following year the commissioners made the following agreement, which was ratified by each State and confirmed by Congress, viz:

UNITED STATES STATUTES AT LARGE.

TWENTY-THIRD CONGRESS, SESSION I. 1834.

AN ACT giving the consent of Congress to an agreement or compact entered into between the State of New York and the State of New Jersey, respecting the territorial limits and jurisdiction of said States.

ARTICLE FIRST. The boundary line between the two States of New York and New Jersey, from a point in the middle of Hudson River, opposite the point on the west shore thereof, in the forty-first degree of north latitude, as heretofore ascertained and marked, to the main sea, shall be the middle of the said river, of the bay of New York, of the waters between Staten Island and New Jersey and of Raritan Bay, to the main sea, except as hereinafter otherwise particularly mentioned.

ARTICLE SECOND. The State of New York shall retain its present jurisdiction of and over Bedloe's and Ellis's islands, and shall also retain exclusive jurisdiction of and over the other islands lying in the waters above mentioned and now under the jurisdiction of that State.

ARTICLE THIRD. The State of New York shall have and enjoy exclusive jurisdiction of and over all the waters of Hudson River lying west of Manhattan Island and to the

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