490

CONTROVERSY RESPECTING THE NEW HAMPSHIRE GRANTS.

River which the Gov r and Council of that Province represent to be a measure of essential importanceto its interests and of great Publick advantage.

2“diy The conduct of his Majestys Governor of New York in having in contradiction to the letterof the 49 th article of his Instructions taken upon him to pass Patents of Confirmation of severalof the Townships heretofore granted by the Government of New Hampshire within that districtand having also made other Grants of Lands within the same.

With regard to the first of these Considerations it does appear to us that the Representationmade by His Majestys Governor and Council of New Hampshire contains a variety of matter welldeserving your Lordships attention and we think that there is too good reason to believe thatmany of the Proprietors of Lands in the Townships granted by the Gov r of New Hampshire whohave bona fide made actual settlement and improvement thereon have sustained great injuryand suffered great oppression by the irregular conduct of the Gov and Council of New York ingranting Warrants of Survey for Lands under such actual Settlement and Improvement yet such areprehensible conduct on tire part of the Kings Servants in New York ought not in our Judgment toweigh the scale of consideration against those principles of true policy and sound Wisdom whichappear to have dictated the proposition of making the River Connecticut the boundary linebetween the two Colonies and therefore we cannot advise your Lordships to recommend to hisMajesty to make any alteration in that measure.

With regard to the conduct of his Majestys Governor of New York in having departed from theletter of his Instruction matter which must be submitted to your Lordships consideration upon thegrounds and reasons asigned by that Gentleman in his letter of the 2 d of February last But we thinkit necessary [to say] to your Lordships that it is a step of such a nature as to have renderednugatory and impracticable almost every proposition contained in the Report of this Board of the6 of June 1771 and has as well for that reason as on account of the further information containedin these papers respecting the state of that District made it necessary for us take up the considerationof it upon new ground and to recommend to your Lordships a variety of new Propositions.

Upon the fullest examination into all the circumstances which at present, constitute the state ofthat District and out of which, the greatest disorders and confusion have arisen; it seems to us, thatthe principal objects of attention in the consideration of any measures that can be suggested forrestoring public tranquility, and quieting possessions, are,

First, those townships, which, having been originally settled and established under grants fromthe government of the Massachusetts Bay, fell within this District, by the determination of thenorthern boundary of that Province, in 1740.

Secondly, those grants of land, made within this District, by the governor of New York , previousto the establishment of the townships laid out by the governor of New Hampshire , after the conclu-sion of the peace; and which lands now lie within the limits of some one or other of thosetownships.

Thirdly, those townships, which having been originally laid out by the governor of New Hamp-shire, either continue in the same state, or have been confirmed by grants from New York ; andalso, those which have since originated under grants from the latter of those colonies.

With regard to those townships, which fall under the first of the above mentioned descriptions ;when we consider their nature and origin, and the numberless difficulties to which tire originalproprietors of them must have been subjected in the settlement of lands, exposed to the incursionsof the savages, and to every distress, which the neighbourhood of the French , in time of war, couldbring upon them; and, when we add to these considerations, the great reason there is to believethat the grants were made upon the ground of military services against the enemy; we do not