On Wednesday the 22¢ day of May 1765 the Council having taken into their consideration the case of the persons who are actually settled under the Grants of New Hampshire, and being of opinion that the dispossessing them of their Lands, would be ruinous to them and their Families gave it as their opinion to the Lieut Gov" that the Surveyor general be directed not to make any return till further orders, on any Warrant of survey already made or which may hereafter come to his hands of any. Lands possessed under those Grants, unless for the Persons who were in the actual Possession thereof.

On Tuesday the 224 day of October 1765 The Council gave it as their opinion that in the Patents then ready to be granted to Capt" John Small and Mt Napier the Director Gen!! of the Hospitals, a reservation should be made of the Lands actually pos-

592 CONTROVERSY RESPECTING THE

sessed and improved by Jacob Marsh and his associates to the amount of 200 acres to each Person.

It would be proper to observe here that nosh Lands though petitioned for under a grant from New Hampshire were within 20 miles of Hudsons River, but were still notwithstanding the encroachment, protected on account of the Settlement on them, although the Title set up was rejected.

On my arrival here which was on the 12 day of November 1765, I found the Province in so much Disorder occasion'd by the frequent Riots which prevail'd at that Time, that no business of any kind was transacted, all the offices were shutt up and of course no application for Lands made, for I was determined not to issue any papers except such as were stamped and the people here refused to take them on that condition. The particular circumstances of those troubles having been already transmitted to England mention is only made of them now, to show that I never entered on any part of that Department which has been productive of the present charge against me, till after the repeal of the Stamp act.