COLLECTION OF EVIDENCE, ETC. CONCERNING NEW YORK AND THE NEW HAMPSHIRE GRANTS. No 1. At a Council held at Fort George in the City of New York the 3a day of April 1750 Present His Excellency the Hon George Clinton Cap! Gen! &c Mr Colden M: Kennedy Mr Chief Justice M: Murray Mr Rutherford Mr Holland His Excellency communicated to the Board a letter from the Hon Benning Wentworth Esq Governor of New Hampshire dated the 17th November last acquainting his Excellency that he has it in Command from his Majesty to make Grants of the unimproved lands in New Hampshire Government and therefore desiring information how far North of Albany this Province extends and how many miles to the Eastward of Hudson's River to the Northward of the Massachusetts line that he may govern himself accordingly-also an extract of his Majesty's letters patent to Governor Wentworth repecting the boundaries of New Hampshire-and his Excellency having required the advice of the Board thereupon the Council humbly advise his Excellency to acquaint Governor Wentworth in answer to his said let ter. That this Province is bounded Eastward by Con necticut River. The letters patent from King Charles the 2 to the Duke of York expressly granting "All the lands from the west side of Connecticut River to the East side of Delaware bay." No 2. Portsmouth Novemb! 17th 1749. Sir:-I have it in Command from his Majesty to make Grants of the unimproved lands within my Government, to such of the Inhabitants and others as shall apply for Grants for the same, as will oblige themselves to settle and improve, agreeable to his Majesty's Instructions. The war hitherto has prevented me from making so great a progress as I hoped for, on my first appointment; but as there is a prospect of a lasting peace with the Indians, in which your Excellency has a great share, people are daily applying for Grants of lands in all quarters of this Government, and particularly some for Townships to be laid out in the Western part thereof, which will fall in the Neighbourhood of your Govern ment. I think it my duty to apprize you thereof, and to transmit to your Excellency the description of New Hampshire, as the King has determined it in my commission, which after you have considered I shall be glad you will be pleased to give me your sentiments in what manner it will affect the grants made by you or preceeding Governors, it being my intention to avoid as much as I can, consistent with his majesty's instructions, interferring with your Government. In consequence of his Majesty's determination of the boundary's between New Hampshire and the Massachusetts, a surveyor and proper Chainmen was appointed to run the western line, from three miles north of Pautucket Falls, and the Surveyor upon oath has declaired that it strikes Hudson's River about eighty poles be tween, where Mohawk's River comes into Hudson's River, which I presume is north of the City of Albany, for which reason it will be necessary for me to be informed how far North of Albany the Government of New York extends by his Majesty's commission to your Excellency, and how many miles to the Eastward of Hudson's River, to the Northward of the Massachusetts line, that I may govern myself accordingly. And if in the execution of the Kings commands, with respect to the lands, I can oblige any of your Excellency's friends I am allways at your service I am with the greatest respect Sir your Excellency's A true Copy Exam By Gw. BANYAR, P. Secr B. WENTWORTH N: 3. George the Second by the grace of God, of Great Britain France and Ireland King defender of the Faith & To our trusty and well beloved Benning Wentworth Esq Greeting Know you that we reposing especial Trust and Confidence in the prudence Courage and Loyalty of you the said Benning Wentworth out of our especial Grace, certain knowledge and mere Motion, have thought fit, to constitute and appoint and by these presents do constitute and appoint you the said Benning Wentworth to be our Governor and Commander in chief of our province of New Hampshire, within our dominions of New England in America, bounded on the south side, by a similar curve line pursuing the Course of Merrimac River, at three miles distance, on the north side thereof, beginning at the Atlantic Ocean and ending at a point due north of a place called Pautucket Falls, and by a straight line drawn from thence due west cross the said river till it meets with our other Governments, and bounded on the south side by a line passing up through the Mouth of Piscataqua Harbor, and up the Middle of the River, to the River of Newichwannock, part of which is now called Salmon Falls, and though the middle of the same to the Furthest Head thereof, and from thence North two degrees Westerly, untill one hundred and twenty miles be finished from the Mouth of Piscataqua Harbor aforesaid, or untill it meets with our other Governments. His Majesty's discription of the Province of New Hampshire, as it stands in his Excellency's commission. Given at Whitehall July the 3a in the fifteenth year his Majesty's Reign. Attesta THEODORE ATKINSON Secry. Province of New Hampshire Portsm: Nov. 17 1749 New York A true Copy Exam by GW. BANYAR P. S. of N° 4. At a Council held at Fort George in the City of New York the 5th day of June 1750 Present His Excellency the Hon George Clinton Cap: Gen' &c Mr Colden Mr Kennedy M: Chief Justice Mr Murray His Excellency communicated a letter from Governor Wentworth of the 25th April last in answer to his Excel of the 9th of the same month desiring to be informed by what authority Connecticut and the Massachusetts Governments claim so far to the westward as they have settled and acquainting his Excellency that before the receit of his said letter he had by the advice of the Council granted a Township due North of the Massachusetts line of the Contents of six miles square and by measurement twenty four miles East of the City of Albany. The Council humbly advised his Excellency to acquaint Governor Wentworth in answer to the said letter. That the claim of the Government of Connecticut is founded upon an agreement with this Government in or about the year 1684 afterwards confirmed by King William. But as to the Massachusetts settlements so far to the westward it is presumed they were first made by intrusion and since continued thro' the neglect of this Government. And that it is probable the lands within the Townships he hath lately granted or some part of them have been already granted in this Government. No 5. Portsmouth April 25th 1750. Sir: I have the honor of your Excellency's letter of the 9th instant before me, in which you are pleased to give ine, the opinion of his Majesty's Council of your Government, that Connecticut River is the Eastern boundary of New York Government which would have been entirely satisfactory to me, on the subject of my letter, had not the two Charter Governments of Connecticut and Massachusetts Bay extended their boundaries many miles to westward of the said river; and it being the opinion of his majesty's Council of this Government, whose advice I am to take on these occasions, that New Hampshire had an equal right to claim the same extent of Western boundaries with those Charter Governments I had in consequence of their advice before your letter came to my hands, granted one Township due North of the Massachusetts line, of the contents of six miles square, and by measurement twenty four miles East of the City of Albany presuming that this Government was bounded by the same North and South line with Connecticut and Massachusetts bay, before it met with his Majesty's other Governments. Altho' I am prohibited by his Majesty's Commission to interfere with his other Governments, yet it is presumed, that I should strictly adhere to the limits precribed therein, and I assure you I am very far from desiring to make the least incroachment or set on foot any disputes on these points. It will therefore give me great satisfaction, if at your leisure you can inform me by what authority Connecticut and the Massachusetts Governments claim'd so far to the westward as they have settled, and in the mean time I shall desist from making any further grants on the Western Frontier of |