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Inhabitants, were seized upon and carried to Albany, where they were immediately committed toGaol—and desireing His Honour would give orders for the Release of the Persons so apprehendedand committed adding that it would be an act of cruelty to Punish Individuals for disputes betweenthe two Governments, and that as the Jurisdiction is the Main Thing in Question, lie is ready andwilling to submit what concerns him to the King, not in the least doubting but his Honour will readilyjoin in a Matter so essential to the Peace of his own Government as well as that.
The Council advised his Honor to acquaint Governor Wentworth with the circumstances of thisAffair as reported to him by Letter from the Sheriff’ of Albany ,• and that as the Parties werecommitted for an offence within the undoubted Jurisdiction of this Province, for which they are toanswer in a legal course of Justice, he can do nothing further therein, than to recommend that theBail demanded be moderate, and that the Controversy respecting the different claim of Boundarymade by each Province, already lies before his Majesty, his Honor having lately transmitted hisRepresentation thereupon to his Majesty.
Order of the Governor and Council of New York , in Favor of the Occupants underNew Hampshire , who were settled before the 22 nd Day of May, 1765.
At a Council held at Fort George in the City of New York , on Wednesday the 22 dday of May, 1765,
Present.
The Honorable Cadwallader Colden, Esq ; Lieutenant governor, &c.
Mr. Horsmanden, Mr. Reade,
Mr. Smith, Mr. Morris,
Mr. Watts,
The Council taking into Consideration the Case of those Persons , who are actually settled underthe Grants of the Government of New Hampshire , on lands Westward of Connecticut River , andEastward of Hudson’s River; which, by his Majesty’s Order in Council of the twentieth Day ofJuly last are declared to be within the Jurisdiction of this Province ; and that the dispossessing ofsuch Persons might be ruinous to themselves and their Families, is of Opinion, and it is accordinglyordered by his Honour the Lieutenant-Governor, with the Advice of the Council, that the SurveyorGeneral do not, until further Order make Return on any Warrant of Survey, already, or whichmay hereafter come to his Hands, of any Lands so actually possessed under such Grants, unless forthe Persons in actual Possession thereof, as aforesaid ; and that a Copy hereof be served on saidSurveyor-General.