Documentary History of the State of New York, Vol. IV
With respect to the first Case the Lands must remain for the future Disposition of Government with respect to the second we have engaged to confirm to the Occupants their respective Possessions together with as much vacant adjoining Land as to form convenient Farms not exceeding three hundred acres each.
With respect to the third we have engaged to confirm the Patents under New Hampshire or Massachusetts Bay as fully as if they had been made under New York without taking any advantage of a non performance of Condition.
With respect to the fourth and fifth Cases we have engaged besides confirming such Possessions as were made under New Hampshire or Massachusett's Bay prior to any Patent for the same Lands under New York to submit the Determination of the Right of Soil to Commis's. to be appointed by Congress who are . to determine agreeable to Equity and Justice without adhering
to the strict Rules of Law Provided nevertheless that the actual Occupants under New York shall be confirmed in their respective Possessions.
It is further to be observed that every part of the above District was indisputably included within the Jurisdiction either of New York or New Hampshire or Massachusett's Bay and that the Right of Jurisdiction as Congress themselves have declared was not altered by these Communities respectively becoming Independant States.
Having made these observations we would premise further that in order to remove every objection fully to evince the Uprightness of our Intentions and our earnest desire for an accommodation We are willing that if Congress should deem the above mode of determining the Right*of Soil between interfering Claimants under New Hampshire or Massachusets Bay on the one and under New York on the other part ineligible we will consent that it shall be determined either immediately by Congress themselves or in such other manner as they shall think proper we will also concede that on all Questions relative to such Right of Soil this State shall not vote in Congress, that Congress shall guaranty to the Inhabitants on the Grants the Performance of these Terms and that no Proceeding of Congress requiring or recommending it to the Inhabitants to submit