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CONTROVERSY RESPECTING THE NEW HAMPSHIRE GRANTS.

is the best title? and that they are obstinate in their claims it must receive a determination in theCourts of Justice. Certainly, both Govern 13 had not authority to issue grants of the same Lands.

If there is no hope of a decision from the Legislative authority, the only prospect of a speedyrestoration of the common tranquility, must depend upon Govern 48 prevailing with one or other ofthe contending parties, to make voluntary cession of their claims. For reasons to be mentioned inthe sequel, I am not to expect that the N. York grantees will come into such a measure; but I donot despair that this event may be eifected on the other side, if the present opportunity is speedilyembraced. I believe, My Lord, that the claimants under New Hampshire may be induced to throwup their Charters upon terms.

The discontented inhabitants of Bennington have declared their readiness to submit to theRoyal opinion in tins controversy upon an apprehension, that it must one day come before HisMaj 4 y in a Court of Error. The point they hold is, that the order of 1764 settled the Jurisdictiononly from that time, and that a prior grant under N. Hampshire is valid.

As these are the most tenacious asserters of that Doctrine and Claim, I cannot help wishing forsome new declaration of his Maj 4 y’ 8 mind upon this subject, for if their title should be deemed void,and an immediate submission take place in this quarter it will doubtless prevail throughout thewhole extent of the controverted Territory. And even upon the supposition that this desirableend should require compensations from equitable considerations, towards theN. Hampshire claimantsyet if proper distinctions are attended to, it may be effected without any Tragical consequencesto the settlers as persons at a distance and unacquainted with their real state and condition mayimagine.

In prosecuting the subject I must first take notice of the disparity between the N. Hampshirepatents and those under New York . The solidity of the latter being uncontroverted in thisColony, and especially those issued after the year 1764; the sales of them commanded high prices,not to mention that these patents cost very considerable sums for the Surveys and Fbes; whereasthe suspicious circumstances attending the N. Hampshire Grants rendered them proportionablycheap, & the purchases of them were considered rather as gaming adventures than certain andsubstantial acquisitions.

And among these New Hampshire Grants we carefully distinguish between such as are improved,and those which from the little value set upon them, are not only unsettled, but their very situationnot accurately known, except in their relation to others upon which they are described to abutt, andas they stand ranged upon a general Plan of an unsurveyed Territory.

Again, My Lord, with respect to the Townships which have the name of being settled, eventhese will upon examination be found to be but few, and the improvements on such slight esti-mation, that compensating them for their losses out of the unsettled Townships, or the unpatentedpart of the Country, will require no great proportion of the waste lands of the Crown.

At all events, these waste lands alone will be more than sufficient for the indempnity of all suchof the N. Hampshire Grants, as can set up an equitable pretension to His Majesty’s favourable notice,especially as the Crown can besides, ease the Grantee by deferring the payment as well as reducingthe quantum of the quit Rents, and give a still further relief by commanding, that the New Patentsissue upon moderate Fees to the officers of the Govern 4 , and without any to His Governor, if thisshould be thought reasonable.

Your Lordp may rest assured that of all the N. Hampshire Grants interfering W'ith Patents underN. York, there are none considerable for their improvements, except that part of Hindsdale whichwas granted under the Royall Mandamus to Coll. Howard, and the Township of Bennington andone or two more in that vicinity ; & I am persuaded, that the main difficulty will lay in satisfying