Weak pretence of Hutts hastily Built on small Spotts of Ground which they Term possession Houses-That they bid Defiance to the Laws and the power of the Civil Magistrates, which are unable to restrain them-And that a Speedy Signification of his Majesty's pleasure on this important subject is become highly expedient, as the only Measure which can either prevent Bloodshed or restore the Tranquility of that part of the province.

REPRESENTATION OF THE BOARD OF TRADE

TO THE LORDS OF THE PRIVY COUNCIL WITH A PLAN FOR THE SETTLEMENT OF THE DIFFICULTIES RESPECTING THE NEW HAMPSHIRE GRANTS.

[Lond. Doc: XLIII.]

To the Right Honble the Lords of the Committee of His Majestys most Honourable
Privy Council for Plantation affairs.

My Lords Pursuant to your Lordships orders of the 17 day of June last we have taken into our consideration such parts of the papers thereunto annexed as relate to disorders which have prevailed within the district between the Rivers Hudson and Connecticut in consequence of a variety of Questions & disputes which have arisen with respect to tittles to Lands and Possessions within the said District on the Ground of different Grants made by the Governors of His Majtys Provinces of New York and New Hampshire whereupon we beg leave to report to your Lordships.

That the district between the said Rivers Hudson and Connecticut within which these disorders and disputes have arisen lyes to the North of the Northern Limits of the Massachusets Bay established in 1740 and is described to be of great fertility of very considerable extent and abounding in parts with very valuable Timber fit for masts and other Naval uses.

In early times the Government of the Massachusets Bay under its ancient Charter which was vacated in 1684 assumed a Jurisdiction and granted Lands within that part of this district which lies to the East of a line drawn at twenty miles distance from Hudsons River and there are now some Townships remaining which are derived under patents from that Colony and altho the Province of New York set up pretensions to this district under the General descriptive Words of King Charles the 24 Patent to the Duke of York in 1664 and the Governor of that Colony did in the late times make some Grants of Land within the same yet it does not appear that any attempts were made to disturb the Possessions of the Proprietors of the ancient Towns settled under the Grants from the Province of Massachusets Bay nor were any establishments made competent to the exercise of any regular jurisdiction therein But when by the determination of the boundary line between Massachusets Bay and New Hampshire in 1740 it was declared that the latter of those Provinces should extend West from Merrimacks River till it met with His Majesty's other Governments and when in consequence thereof the said Province claimed to extend to within 20 miles of Hudsons River the Government of New York insisted upon their Claim with greater earnestness and the two Provinces became involved in a Controversy which after much heat and altercation on both sides ended in 1750 in an agreement to refer the point in question to the Crown and each party made a Representation of the state of their case; But after several hearings at the different the Agents on both sides desired further time to consult their Constituents and the War breaking out in America soon after the business was allowed to lye over till the restoration of Publick Peace

when the dispute being revived with much heat and animosity it [appeared] that the Governour of New Hampshire had taken the opportunity pendente lite to grant away a very considerable number of Townships of six miles square each in this County to the Westward of Connecticut River (This proceeding accompanied as it was with other disreputable Circumstances was fully stated in a Representation made to His Majesty by this Board in 1764 wherein it was recommended that His Majesty by his Royal Adjudication and authority should put a period to these animosities and disputes by declaring what should be the Boundary between the Provinces of New York and New Hampshire and in consequence thereof His Majesty was pleased by his Royal order bearing date the 20 day of July 1764 with the advice of this Privy Council to declare that the Western Branch of the River Connecticut from where it enters the Province of the Massachusets Bay as far north as to the 45th degree of Latitude should be the Boundary between the said two Provinces Immediately after this decision which was accompanied with the usual Reservation in Respect to private property Mr Colden upon whom the administration of the Government of New York had devolved, granted warrants of Survey and issued Patents for lands within the limits of several of the Townships granted by the Governors of New Hampshire and several of those Surveys and Patents extending over Land under actual Improvement and settlement the Parties who conceived themselves injured by such proceedings not being able as they alleged to obtain Redress in New York brought their complaint before His Majesty in Council.)

Upon a full hearing of those Complaints His Majesty was pleased by his order in Council of the 24 of July 1767 to declare that no part of Lands lying on the Western side of the River Connecticut, within that district before claimed by New Hampshire should be granted until His Majesty's further pleasure was known and an Instruction was accordingly given to the Governor of New York directing him upon pain of His Majestys highest displeasure not to presume to make any Grant whatever or to pass Warrants for the Survey of any part of the said Lands until His Majesty's pleasure should be signified concerning the same which Instruction has been ever since continued in force and now forms the 49th article of the Code of General Instructions given to Mr Tryon His Majesty's present Governor of New York.

The power of granting Lands within this district being thus suspended a Petition was presented by several reduced Officers and Soldiers who had served in America during the late war and being intitled to lands under His Majestys Royal Proclamation of Oct 1763 had previous to the above mentioned Order obtained Warrants of Survey for Lands within this district praying that the Governor of New York might be empowered to grant lands to such of them at whose expence they had been located and surveyed and confirm to others the Grants which had already been made and this Petition having been referred to this Board by your Lordships Order of the 5 July 1770 they in their Report thereupon of the 6 of June 1771 entered fully and circumstantially into the consideration of the Question both as it respected the case of the Petitioners in particular as well as every other Species of Claimants under whatsoever title or pretention submitting under each head such opinion and advice as to them seemed best adapted for terminating all difficulties and disputes and putting that valuable district into such a state of cultivation and repose as would make it happy in itself and beneficial to the Mother Country.

The propositions contained in that report being of great extent and importance necessarily requires a very serious Consideration and while this matter was under deliberation the papers annexed to your Lordships orders of reference and upon which we are now directed to report our opinions were received.

Upon examination of these papers they appear to us to contain two objects of consideration vizt. 1st The propriety or impropriety of reannexing to New Hampshire the Lands West of Connecticut VOL. IV.

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

2ndly The conduct of his Majestys Governor of New York in having in contradiction to the letter of the 49th article of his Instructions taken upon him to pass Patents of Confirmation of several of the Townships heretofore granted by the Government of New Hampshire within that district and 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 Representation made by His Majestys Governor and Council of New Hampshire contains a variety of matter well deserving your Lordships attention and we think that there is too good reason to believe that many of the Proprietors of Lands in the Townships granted by the Gov" of New Hampshire who have bona fide made actual settlement and improvement thereon have sustained great injury and suffered great oppression by the irregular conduct of the Govr and Council of New York in granting Warrants of Survey for Lands under such actual Settlement and Improvement yet such a reprehensible conduct on the part of the Kings Servants in New York ought not in our Judgment to weigh the scale of consideration against those principles of true policy and sound Wisdom which appear to have dictated the proposition of making the River Connecticut the boundary line between the two Colonies and therefore we cannot advise your Lordships to recommend to his Majesty to make any alteration in that measure.

With regard to the conduct of his Majestys Governor of New York in having departed from the letter of his Instruction matter which must be submitted to your Lordships consideration upon the grounds and reasons asigned by that Gentleman in his letter of the 2a of February last But we think it necessary to say] to your Lordships that it is a step of such a nature as to have rendered nugatory and impracticable almost every proposition contained in the Report of this Board of the 6 of June 1771 and has as well for that reason as on account of the further information contained in these papers respecting the state of that District made it necessary for us take up the consideration of 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 of that District and out of which, the greatest disorders and confusion have arisen; it seems to us, that the principal objects of attention in the consideration of any measures that can be suggested for restoring public tranquility, and quieting possessions, are,

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

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

Thirdly, those townships, which having been originally laid out by the governor of New Hampshire, either continue in the same state, or have been confirmed by grants from New York; and also, 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 the original proprietors of them must have been subjected in the settlement of lands, exposed to the incursions of the savages, and to every distress, which the neighbourhood of the French, in time of war, could bring upon them; and, when we add to these considerations, the great reason there is to believe that the grants were made upon the ground of military services against the enemy; we do not

hesitate to submit to your Lordships our opinion, that the present proprietors of these townships ought, both in justice and equity, to be quieted in their possessions: and that all grants whatsoever, made by the government of New York, of any lands, within the limits of those townships, whether the degree of improvement, under the original grant, had been more or less, are, in every light in which they can be viewed, oppressive and unjust. But, as we are sensible that such grants made by the government of New York, however unwarrantable, cannot be set aside by any authority from his Majesty, in case the grantees shall insist on their title; we submit to your Lordships, whether it might not be expedient, in order to quiet the original proprietors in their possessions, to propose that all such persons who may claim possession of lands within the limits of such townships, under New York grants, should upon condition of their quiting such claim, receive a grant under the seal of New York, upon the like terms, and free of all expences, of an equal number of acres, in some other part of the District lying between the rivers Hudson and Connecticut; and in case, where any actual settlement or improvement has been made by such claimants, that they should, in such case, receive fifty acres of waste land, for every three acres, they may have improved.

With regard to those grants made by the governor of New York, which fall within the second description, and upon which any actual improvement has been made; they do appear to us to deserve the same consideration; and that the proprietors thereof ought not to be disturbed in their possessions, whether that improvement be to a greater or lesser extent. But we beg leave to observe to your Lordships, that, in both these cases, no consideration ought to be had to any claim, where it shall appear that no regular possession has ever been taken, and no actual settlement ever been made. With regard to those townships, which fall within the last mentioned description, we submit to your Lordships our opinion; That, provided such townships do not include lands within the limits of some antecedent grant, upon which actual improvement has, at any time, been made, it would be advisable that they should be confirmed as townships, according to the limits expressed in grants thereof; and that all persons having possession of any shares in the said townships, whether as original grantees, or by purchase or conveyance, and upon which shares any actual improvement or settlement has been made, ought not, in justice, to have been, or to be, in future, disturbed in the possession of such shares; nor ought they to be bound to any other conditions, whether of quit rent or otherwise, than what is contained in the grant.

Having thus stated to your Lordships every case that appears to us to deserve consideration on the Ground of legal title followed by actual Settlement and Improvement we do not hesitate to submit to your Lordships our opinion that all other lands whether the same be or be not contained within the limits of any Township or of any other Grant whatever and of which no possession has ever been taken or any actual Settlement or Improvement made should be disposed of in manner following.

1st That such persons who claim possession of Lands under Grants from New York within the limits of any of the Townships antiently established by the Government of the Massachusetts Bay have the first choise of such a quantity of the said Lands as shall be equivalent to the quantity Granted within the said Townships excepting only in case of actual Improvement upon such Grants they shall receive fifty for every three acres so improved as has already [been] suggested.

2ndly That all commissioned and non commissioned Officers and Soldiers who have in consequence of the Proclamation of 1763 obtained Warrants of Survey from the Government of New York for Lands within the District between Hudson and Connecticut Rivers and who have not been able to compleat their Grants on account of the restriction contained in his Majestys Instructions to his Governor of New York should be confirmed in the possession of those Lands by immediate Grants provided such warrants of Survey do not include Lands that have been actually settled

and improved under some former Grant either of the Governor of New-York or of the Governor of New Hampshire in which Case it might be reasonable to grant to the said Officers and Soldiers an equivalent in some other part of the District.

3dly That in every Township whether laid out under Grant from the Governor of New Hampshire or that of New York a proper quantity not exceeding five hundred acres be reserved in some convenient part of the district as a Glebe for a protestant Minister and also a proper quantity not exceeding two hundred and fifty acres for a Schoolmaster.

4thly That the Residue of the said Lands which either have not been granted at all or which having been granted have notwithstanding been without any actual Settlement or Improvement pursuant to the conditions of the Grants should be granted and disposed of to such persons as shall be desirous to take up the same upon the following terms and conditions vizt

That each Grantee over and above the usual annual Quit Rent to be reserved in every grant of 216 Sterling per hundred acres shall upon the making such grant pay a further consideration of five pounds Sterling for every hundred acres.

The foregoing propositions are all which have occurred as necessary for your Lordships immediate consideration so far as regards the claims and pretensions which have been set up and the disputes and Questions which have arisen concerning titles to Lands within this district and also to the best method of disposing of those Lands which in consequence of an adjustment of those claims shall belong to the Crown but we beg leave to observe that there are one or two other considerations of a more general nature and import that will upon this occasion deserve attention.

We have already stated that the District in question between the Rivers Hudson and Connecticut and particularly in the neighborhood of the latter does abound in many parts of it with Trees fit for masting for the Royal Navy and for other Naval purposes and we observe from the minutes of the proceedings of the Council of New York that one of his Majesty's assistant Surveyors of the woods in America especially appointed by the Lords of the Treasury for the Survey of this District has made report to them of two Tracts of Land which he has discovered upon Connecticut River containing a very considerable growth of White Pines and therefore we think it our duty to submit to your Lordships whether it would not be necessary in whatever plan shall be adopted for the final settlement of this valuable Country that the greatest care should be taken and the most precise Instructions given that the Limits of those tracts should be ascertained so as that they be not included within the Limits of any grants or any Settlements made thereon and that if it shall so happen that any part of those tracts is included within the limits of any grant already made and actual Settlement or Improvement has taken place in consequence thereof that proper endeavours be used to induce the proprietors to quit such possessions by offering them grants of waste Lands in some other parts of the District equal in quantity to what is claimed by them in consequence of such possession with a further allowance of fifty acres of every three acres under actual cultivation and Improvement.

Another case that appears to acquire particular consideration is the claim of the Society for the propagation of the Gospel in foreign parts founded on a Reservation inserted by the Governor of New Hampshire in the grants made by him of five hundred acres in each Township for the use of that Society a Reservation from which we conceive the Society could not have drawn much advantage and that the best means of rendering the intention effectual to the piouse purpose for which the Reservation was made would be to make compensation to the Society at the rate of thirty pounds for each Township in the Grant of which such Reservation was contained the said compensation to be made out of such moneys as shall arise out of the sale of the forfeited shares in the manner beforementioned.