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Volume IV.
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436

CONTROVERSY RESPECTING THE NEW HAMPSHIRE GRANTS.

We are sensible how difficult it will be in a case where so many opposite interests, dependingupon Claims under very different circumstances, are to be considered to suggest any propositionsthat will coincide entirely with the hopes and expectations of all parties but when we reflect howimportant it is to all to have some speedy determination We cannot but flatter Ourselves that theywill readily acquiesce in any reasonable conditions, that can be proposed to them and as this appearsto us to be the only probable method of bringing this matter to a speedy issue we shall beg leave inthe first place to state to your Lordships those claims which appear to us to be objects of considera-tion & in the next place suggest what seems to us reasonable to be proposed witli regard thereto.

The Claim that seems to us to deserve attention in the first place is that of those persons whopossess Lands in this District under Grants legally and properly obtained from the Government ofNew’ York antecedent to any pretence set up by the Government of New Hampshire to exercise thepower of granting Lands to the westward of Connecticut River and before any such Grants weremade From the best information we have been able to collect relative to this Claim, it is confined totwo or three Grants but a small part of which lies on the East of the Green Mountains the Countryto the west of which was at all times before the unwarrantable Claims set up in consequence of theNew Hampshire Grants admitted incontestably to be within the province of New York and thereforewe cannot but be of opinion that the proprietors of those Grants should not be disturbed in theirpossessions on the Ground of Claims derived from these subsequent Grants of the Government ofNew Hampshire .

The claim that in the second place seems to us to merit attention is that of those persons who inconsequence of the Grants from the Governor of New Hampshire , have made actual Settlement andImprovement of any Lands not comprehended within the limits of the possessions above stated; forhowever disputable their titles may be upon the Ground of the Grants themselves yet there alwayshas been & we think there always ought to be in the Plantations an attention to actual Settlementand Improvement, that in cases where the possession does not interfere with the Rights of othersought to have preference to any other consideration; and therefore we think, that persons underthis description ought to be left in entire possession of such Lands as they have actually cultivatedand improved subject to no other condition or reservation either of Quit-Rent or otherwise thanwhat is contained in the Grants under which they claim.

The third Claim and indeed the only remaining one which appears to us to merit particularindulgence is that of the reduced officers and Soldiers, as well those comprehended within the petitionreferred to us by your Lordships as all others under the like circumstances who may have obtainedwarrants from the Government of New York for the survey of Lands to them in this district thepossession of which Lands has been obstructed by the pretensions of those claiming under the NewHampshire Grants; and with regard to these persons we cannot but be of opinion that no timeshould be lost in carrying their Grants into effect, provided however that the surveys under whichthey claim do not include Lands which were actually & bona fide settled and improved by personsclaiming under Grants from the Governor of New Hampshire antecedent to such warrants of Survey;who we think for the reasons already given ought not to be disturbed in their possessions on anyaccount but that if any such case should exist the officer or soldier, claiming such Land underwairant of survey from the Government of New York should have compensation made to him byan adequate Grant in some other part of the district.

With regard to the remainder of the Lands contained in this extensive District which if theforegoing propositions can by consent of the parties interested be carried into effect will remain forHis Majestys disposal they are on all hands represented to be of great value & Importance not onlyfrom their natural situation & fertility but as including very extensive Tracts containing large