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CONTROVERSY RESPECTING THE NEW HAMPSHIRE GRANTS.

soon after came to a resolution to prevent any survey of their Township, and to support tlieirPossessions by Force even against any Judgment at Law.

As a farther Manifestation of the favourable Intentions of this Government towards the Granteesof New Hampshire , an Order was made by the Governor in Council the 6 th June 1766, reciting thatthe Board having under Consideration sundry petitions for Lands lying on tire West side of Con-necticut River, which were formerly granted by Letters Patent under the Seal of the Province ofNew Hampshire , but which were then actually, and did by his Majesty’s said Order of the 20 thJuly 1764 appear to lie within the Limits of this Province , calling upon all Persons holding orclaiming Lands under such Grants, to appear by themselves or their Attornies and produce thesame, together with all Heeds Conveyances or other Instruments by which they derived any Claimto the said Lands, and declaring that the Claims of such as should not appear and support thesame within the space of three Months, should be rejected: which order was notified by its Insertionthree weeks successively, in one of the public News Papers printed in this Colony.

The Grants of New York which comprehend any part of the Lands of Bennington, are theWallumschack Patent dated in 1739, the patent of Schneyder dated the 24 th March 1762, andthe patent of Michael Schallata a reduced Staff Officer dated the 30 th May 1765, all prior to theapplication made in behalf of the Bennington proprietors. The last of these is subsequent but afew Days to the order of the 22 li May 1765, in favor of the New Hampshire settlers, but thesurvey of that Tract must have been prior to that order, and if it is true as now alledged, thatthere were several settlers within the Limits of that Grant at the Time issued we doubt not thisFact was then unknown to Government; For whenever such settlements were discovered it hasbeen usual to reserve the Land to be granted to the Possessors, who in many Instances refused topermit their Farms to be surveyed, and have hitherto declined taking their Grants, which never-theless remain to be issued when applied for, of which there is a notorious Instance in the caseof Remember Baker, V'ho has nevertheless distinguished himself as a Leader in the late violentopposition to the government of this Colony.

The Earliest Instruction restraining the Governor of this province from making Grants of Landspatented by New Hampshire , bears date the 24 th July 1767, and the Grants which principally affectthe Claimants whose Case is now under our Consideration, were made prior to the date of thatInstruction, and except the abovementioned Patent to Schneyder, and the Grant of Prince Town,which is dated the 21 st of May 1765 (antecedent to the order in Favour of the actual occupantsunder New Hampshire ) are almost wholly confined to Officers and Soldiers intituled to his Majesty’sBounty, by virtue of the Royal Proclamation of the 7 th of October 1763.

To prevent the people of New Hampshire from extending their Settlements Westward of Con-necticut River , a Proclamation was issued the 28 th of July 1753, when few r if any had seatedthemselves there under that Government. In 1763 when the first Information was received of thenumerous Grants made by New Hampshire and that no one might plead Ignorance of the Claim ofthis Province, a like Cautionary Proclamation was published on the 28 th of December that year, atwhich Time the Number of Settlers on the contested Lands w r as inconsiderable.

His Majesty’s Order being declarative of the ancient Boundary of this Province, the Courts ofJustice can as we conceive shew little Regard to the recent Claim of New 7 Hampshire to JurisdictionWestward of Connecticut River , but this Point as well as the legality of the Grants of both Gov-ernments must be left to the Judgment of Law ; We shall only observe, that the Charters of thatProvince appear to us to have been made without express Authority from the Crowm, after dueNotice of the ancient Limits of this Colony, and without waiting for the Royal Decission as had beenstipulated between the two Governments : On the other hand That the Grants of New York were