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Ebenezer Fisher & Daniel Whipple, with William Deane’s hill of sakq and the affidavit of JamesDuane Esq r , who was Proctor for the Defendants in the vice admiralty Court.
Upon examining these Papers, we cannot see sufficient cause to advise, either a Removal of M rWells from the Places he holds, or any Prosecution against an Officer, who we are informed sustainsa fair Character, even in a District, where there are not wanting some Persons, to whom, from theirattachment to the unjustifiable Claim of the Province of New Hampshire , & his zeal in assertingthe Right and Jurisdiction of this Colony, he must be peculiarly obnoxious.
The Parties prosecuted had by Law a Right to convey away their effects, and M r Wells’s accept-ance of the Grant , with the Caution, and in the circumstances & for the Ends proved by M r Duane,we cannot conceive to be in the least Degree criminal.
And if your Honor, & the Board of Council should concur in this opinion, we humbly beg Leaveto advise, that copies of the Depositions which we now deliver in; may be sent to M r Wentworth,in Justification of the Conduct of this Government, and to shew his Excellency our Readiness, tomake diligent Examination into the Matters of his Complaint.
With Respect to the Request that the Lands granted in the Township of Windsor, under theseal of New Hampshire , may be declared to be forfeited for a Breach of one of the Conditions in thePatent, the Committee conceive, that advantages of broken Conditions expressed in Royal Grants, areto be taken in a legal course, by regular Prosecutions against the Patentee ; and that it would bemanifestly improper to order any steps for that purpose in the Present case, because we considerthe Grant which his Excellency refers to, as merely void for want of Authority in the Govern-ment of New Hampshire , to issue Patents for Lands (as has been done in many Instances) on theWest side of Connecticut River .
But when the New Hampshire Grantees (who have generally by the Moderation of this Govern-ment been preferred to others) pray for new Patents under the Great Seal of this Colony, we con-ceive that such as have shewn a Disregard to the Terms under which they settled, in articlesinjurious to the Crown, & such also as have been guilty of Infractions of the Laws for the Preserva-tion of Masts for the Royal Navy , are unworthy of his Majesty’s Bounty, & that their applicationsfor Lands in this Government ought to be rejected.
All which is nevertheless humbly submitted this 25 th Day of September 1770—By order of thecommittee
Wm Smith Chairman of the Committee.
(Endorsed) The committee’s Report on the order of Referrence of the 14 41 > of Aug 1 1770 relatingto the accusations ag‘ Samuel Wells Esq r a Judge of y e Common Pleas ofCumberland County. 1770 Sep 4 29. Read & appproved of and confirmed.
ADDITIONAL AFFIDAVITS.
NewYork Cumberland County ss. William Deane of full age Personally came and appeared beforerne Joseph Lord Esq r one of the Judges of the Superior Court, and one of his Majesties Justices ofDie Peace for the County aforesaid and being sworn on the Holy Evangelists Deposeth & saith.
That he being a Resident in Windsor, and having the Later part of August last, taken a journeyfrom there to Springfield in Massachusetts Bay , M r John Grout on the fourth Day of September last,came to him (the Deponent) and Informed him, that the Deponents two Sons Willard & William