Documentary History of the State of New York, Vol. III
While this affair shall be depending between Your Excellency and that Government upon such Representation as aforesaid, I can by no means think it Expedient that ^^Your Excellency Issue Your " Order to the Justices of the peace Living in and near the manner of " Livingston, to Cause such Person or perswis as shall till such " settlement under the Pretence of Right in the Province of the " Massachusetts Bay, Disturb the Petitioner in his said Possession, " to be apprehended and committed " as the Petitioner has prayed, Because I Conceive, that Your Excellency's Interposition in that form, would rather tend to Obstruct than promote an amicable settlement of the said Division Line, neither could I at any time
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advise Your Excelleiicy, to Issue your Order in such General and unlimited Terms, because I think such order would be against Law, and Liable to great abuse.
Nevertheless, if such Disturbances should be frequently Committed, so as to become a public Grievance, and the Government of the Massachusetts Bay will not Hearken to Your Excellency's Representation on tlie part of this Government, but will countenance and abett such Proceedings, I conceive, that in such Case it will be the Right of this Government, to Defend itself against such Encroachments, and that the Tenants of Lands who pay Quit Rents and Taxes and perform public Duties within this Province, may justly Claim to be protected by this . Government in the Enjoyment of their Possessions, and that it may be very proper that your Excellency, in that Case, do order public prosecutions against Persons Trespassing upon the Rights of this Province, which Prosecutions may be conducted according to the ordinary Course of the Common Law, in a way by no means Liable to any objecti<:>n.