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. 288 words

Your Lordp has doubtless adverted to the smallness of the rent reserved to the Crown by these numerous Charters under N. Hampshire; and it is my duty to observe, that there is more than ground for mere conjecture, that they would under that Governt be totally lost Issued as they were without Surveys, and for Jands described without accuracy, and often clashing with each other, a handle would be made of their uncertainty for the purpose of eluding the payment and performance of the quit Rents and conditions by a spirit of litigation, which would

838 CONTROVERSY RESPECTING THE

be restless and active in proportion to the number of Planters in like circumstances, and the popular aversion to all verdicts in favor of the Crown.

I understand it, My Lord, to be a question of Law between the Patentees of both Govern's whose is the best title? and that they are obstinate in their claims it must receive a determination in the Courts of Justice. Certainly, both Govern's had not authority to issue grants of the same Lands.

If there is no hope of a decision from the Legislative authority, the only prospect of a speedy restoration of the common tranquility, must depend upon Govern'® prevailing with one or -- other of the contending parties, to make voluntary cession of their claims. For reasons to be mentioned in the sequel, I am

not to expect that the N. York grantees will come into such a measure; but I do not despair that this event may be effected on the other side, if the present opportunity is speedily embraced. I believe, My Lord, that the claimants under New Hampshire may be induced to throw up their Charters wpon terms.