336

CONTROVERSY RESPECTING THE NEW HAMPSHIRE GRANTS.

intend and mean that the bounds of that Government was to run westward as far as the Westernbounds of the Colony of Connecticut . Yet I think such construction of these words ought not totake Place, for supposing the words would bear the construction Contended for by them, tis alsoCertain they will bear the construction contended for by me as above ; and therefore may be takento two Intents, and this being a Grant of the Crown to subjects, I conceive ought to be construedmost in Favour of the Crown, because it is a standing rule at Law , that the Grant of Every commonperson is Taken more strong against himself and more Favourable against a Stranger, but a Grant ofthe King is Taken more strong against a Stranger, and more Favourable as to the King, so as noPrejudice shall accrue to the King by construction or Implication, and when the Charter of theKing may be Taken to two Intents, and both Intents are of Effect, In such Cases it shall be Takento such Intent as is most Beneficial for the King. I Conclude therefore, that supposing the abovewords in the Grant may be Taken to two Intents as I have shewn above, that as the Intention orConstruction of those words Contended for by me is most Beneficial for the Crown, as Loss ofthe Lands belonging to the Crown will pass by such Construction; I conceive such constructionought to take place ; and not the Construction contended for by the Government of Massachusettsbay ; and then the Eastern bounds of the Colony of Connecticut will be the Western Bounds of thatGovernment, and of course all Lands Entred upon by them westward of those Bounds must bean Intrusion, and what they had no right to do : Besides this, it appears by the Grant to theDuke of York first made in the year 1663 and by the Regrant or confirmation thereof in the 3 -ear1674, After the Dutch Conquest in 1673 that King Charles the Second Granted to the said Dukehis heirs and assigns. ££ All that Island or Islands commonly known by the name of mattowacks££ or Long Island Scituate and being towards the west of Cape Cod and the Narrow Higgaasetts“butting upon the Main Land Between the Two Rivers there called & known by the several££ names of Connecticut and Hudsons river together also with the said River called Hudsons river££ and all the Lands from the west side of Connecticut River to the East side of Delaware Bay .As by the record of the said Grants in the Secretarys office of this province more fully appears bywhich Grant I conceive the Duke of York in the said year 1674 became seized of Hudson’s rivereven to the most Northermost Extent thereof (the whole River being Expressly Granted to him) andof all the Lands w-estward of Connecticut River &c in flee. This being the Case , I conceive tisExtreamly absurd for the Government of Massachusetts bay, to Contend that by the words of theirCharter (which was Granted by King William in the Year 1693. Long after the Grant to theDuke of York) their western bounds are to extend within 20 miles of Hudson’s river. Becausefrom the time of the said Grant to the Duke of York, and his sending Governours over to takeand keep possession of the Lands Granted to him, the Land in Question became part of this Gov-ernment, and as they were part of his Grant , and tho’ the Government afterwards Came to the handsof the Crown, and Governours were then appointed by the Crown who held the same for theCrown at the time of the Grant to the Massachusetts Government in 1693. Yet I find no oneInstance in which the Crown has so much as Described the Government by any Particular Boundsmuch less abridged or confined it to any Narrower Limitts than it had at the time it Belonged to theDuke of York so far from that, that the Crown has all along and continue Even to this day, to appointGovernours of this province without Describing it by any bounds whatever ; which seems plainly toshew that the Crown considered the Bounds of this Government as being sufficiently- ascertainedby the Grant to the Duke of York; and Intended the Limitts and bounds of it should be the sameit was in the Duke’s time, but should the Construction Contended for by them take place ; it mustsuppose that the Crown Intended by the Grant to' them, to Convey part of this Government to themwhen at the same time it Intended that this Government should have the same Limitts and bounds