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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. 310 words

Upon examining these Papers, we cannot see sufficient cause © to advise, either a Removal of M' Wells from the Places he holds, or any Prosecution against an Officer, who we are informed sustains a fair Character, even in a District, where there are not wanting some Persons, to whom, from their attachment to the unjustifiable Claim of the Province of New Hampshire, & his zeal in asserting the Right and Jurisdiction of this Colony, he must be peculiarly obnoxious.

The Parties prosecuted had by Law a Right to convey away their effects, and Mt Wells's acceptance of the Grant, with the Caution, and in the circumstances & for the Ends proved by Mr Duane, we cannot conceive to be in the least Degree criminal.

And if your Honor & the Board of Council should coneur in this opinion, we humbly beg Leave to advise, that copies of the Depositions which we now deliver in; may be sent to Mr Wentworth, in Justification of the Conduct of this Government, and. to shew his Excellency our Readiness, to make diligent, Examination into the Matters of his Complaint.:

With Respect to the "Request that the Lands granted in the Township of Windsor, under the seal of New Hampshire, may be declared to be forfeited for a Breach of one of the Conditions in the Patent, the Committee conceive, that advantages of broken Conditions expressed in Royal Grants, are to be taken in a legal course, by regular Prosecutions against the Patentee ; and that it would be manifestly improper to order any steps for that purpose in the Present case, because we consider the Grant Which his Excellency refers to, as merely void for want of Authority in the Government of New Hampshire, to. issue Patents for Lands (as has been done in many Instances) on WG West side of Connecticut River.