Scope and Content: By the agreement between Massachusetts and New York signed in Hartford on Dec. 16, 1786, New York was awarded total sovereignty over extensive disputed lands west of the Hudson River, with Massachusetts retaining right of preemption to purchase such lands from the Indians. (See: Massachusetts. Office of the Secretary of State. Agreement between Massachusetts and New York relating to western lands, 1784-1793 ((M-Ar)31X).)  This right of preemption was sold to various third parties in the years following the agreement, as the Massachusetts treasury was in a depleted state because of debts incurred from the Revolutionary War and Shays’ Rebellion.  Sale was ordinarily in the form of a bond, accounts of redemption payments for which were kept by the state treasurer. –Per Resolves 1787, Feb 1788 Sess, c 135 (Apr. 1, 1788), the Commonwealth of Massachusetts sold preemption rights for the western lands to Nathaniel Gorham and Oliver Phelps (subsequently responsible for purchasing Indian rights) for 300,000 pounds. Payment was to be made in three installments in Apr. 1789, Apr. 1790, and Apr. 1791 (confirmed by St 1788, c 23) –Gorham and Phelps defaulted on the 1790 installment, and arrangements were made per Resolves 1789, Jan 1790 Sess, c 153 (Mar. 5, 1790) for reworking of the agreement and deposit of writings and indentures with the state secretary. Per a June 9, 1790 indenture and Resolves 1790, Jan 1791 Sess, c 45 (Feb. 18, 1791), the unpaid two-thirds of the property reverted to the Commonwealth. A committee was appointed per Resolves 1790, Jan 1791 Sess, c 44 (Feb. 16, 1791) to settle with Gorham and Phelps on the bond for 100,000 pounds for the remaining land. A new indenture agreement with Gorham and Phelps for their smaller portion was signed Mar. 10, 1791. This agreement spelled out the payment terms for the bond balance due of 5,967.19 pounds. Over the subsequent two decades, a succession of treasurers attempted to collect the balance from Gorham and Phelps, with sums of money paid into the Treasury from time to time first by Attorney General James Sullivan, who was holding notes on their behalf, and later by Peter C. Brooks, agent to Gorham and Phelps. A final payment was made on Apr. 6, 1813.
Notes: Extracted from: Massachusetts. Treasury Dept. Deeds for lands owned by the Commonwealth, 1817-1975 ((M-Ar)2468X)
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