Documentary History of the State of New York, Vol. IV
little Regard to the recent Claim of New Hampshire to Jurisdie tion Westward of Connecticut River, but this Point as well as the legality of the Grants of both Governments must be left fo the Judgment of Law; We shall only observe, that the Charters of that Province appear to us to have been made without express Authority from the Crown, after due Notice of the ancient Limits of this Colony, and without waiting for the Royal Decission as had been stipulated between the two Governments : On the other hand, that the Grants of New York were made under very different Circumstances, for the Royal Patents of the Duke of York left no Doubt as to the Eastern Limits of this Colony, and many of the Grants of New York were made even before New Hampshire claim'd Jurisdiction as far as to Connecticut River, and (where the Grants of the two Provinces interfere) our Grants rarely extend farther Eastward than the Ancient Patents granted by this Province.
The Townships at present under Consideration a:- confined to a small District more immediately connected with H:idson's River. The Body of the Inhabitants lie Eastward of these Towns, are obedient to the Laws, many have taken and the rest are in general soliciting Confirmations under this Government; while the People of Bennington and that vicinity, are Riotous and Disorderly, and tho' their Number is at present considerable We humbly conceive it would be both Impolitic and unreasonable to apply any Remedy to them, that might be Injurious to others, and its Consequences prove a source of perpetual Contest and Confusion. Indeed We are at a Loss to conceive upon what grounds the people of Bennington and that neighborhood can flatter themselves even by their application to the Crown, with any other hope than of obtaining Confirmations of such Parcels of their New Hampshire Grants as are not comprehended in any patents under this Colony, the rights of the New York patentees being as uncontrovertable as the claim of this province to the Jurisdiction of that country, and the Question of Property determinable only in the King's Courts of Law.