Home / O'Callaghan, E.B., ed. The Documentary History of the State of New York, Vol. IV. Albany: Weed, Parsons and Co., 1851. / Passage

Documentary History of the State of New York, Vol. IV

O'Callaghan, E.B., ed. The Documentary History of the State of New York, Vol. IV. Albany: Weed, Parsons and Co., 1851. 523 words

" All that Island or Islands "commonly known by the name of mattowacks or Long Island 'Scituate and being towards the west of Cape Cod and the Nar- "row Higgaasetts butting upon the Main Land Between the "Two Rivers there called & known by the several names of "Connecticut and Hudsons river together also with the said "River called Hudsons river and all the Lands from the west 'side of Connecticut River to the East side of Delaware Bay. As by the record of the said Grants in the Secretarys office of this province more fully appears by which Grant I conceive the Duke of York in the said year 1674 became seized of Hudson's river even to the most Northermost Extent thereof (the whole River being Expressly Granted to him) and of all the Lands westward of Connecticut River &e in ffee. This being the Case, I conceive tis Extreamly absurd for the Government of Massachusetts bay, to Contend that by the words of their Charter (which was Granted by King William in the Year 1693. Long after the Grant to the Duke of York) their western bounds are to

NEW HAMPSHIRE GRANTS. 541

extend within 20 miles of Hudson's river. Because from the time of the said Grant to the Duke of York, and his sending Governours over to take and keep possession of. the Lands Granted to him, the Land in Question became part of this Government, and as they were part of his Grant, and tho' the Gov ernment afterwards Came to the hands of the Crown, and Governours were then appointed by the Crown who held the same for the Crown at the time of the Grant to the Massachusetts Government in 1693. Yet I findno one Instance in which the Crown has so much as Described the Government by any Particular Bounds much less abridged or confined it to any Narrower Limitts than it had at the time it Belonged to the Duke of York so far from that, that the Crown has all along and continue Even to this day, to appoint Governours of this province without Describing it by any bounds whatever; which seems plainly to shew that the Crown considered the Bounds of this Government as being sufficiently ascertained by the Grant to the Duke of York; and Intended the Limitts and bounds of' it should be the same it was in the Duke's time, but should the Construction Contended for by them take place ; it must suppose that the Crown Intended by the Grant to them, to Convey part of this Government to them when at the same time it Intended that this Government should have the same Limitts and bounds as it had in the Time of the Duke of York which as I said before, I think is very absurd; and must further make it appear that the construction of their Charter as contended for, by them ; Cannot be what the Crown Intended by it; and must on the other hand shew, that what I contend for, must be right, because by such Construction those absurdities are avoided. .