CONTROVERSY WITH NEW-YORK.

Aug. 4, 1763

Grants to the following officers, agreeable to his Majesty's proclama

tion of the 7th October, 1763.

To arrest the proceedings of New-Hampshire, Mr. Colden, Lieutenant Governor of New-York, on the 28th of December, 1763, issued a Proclamation," commanding the Sheriff of the County of Albany to make a return of the names of all persons who had taken possession of lands under New-Hampshire grants, and claiming jurisdiction as far east as Connecticut River," * by virtue of a grant to the Duke of York, of which the following is an extract.

"CHARLES the Second, by the Grace of God, King of England, Scotland, France and Ireland, Defender of the Faith, &c. To all to whom these presents shall come, Greeting: Know ye, that we, for divers good causes and considerations, have, of our especial grace, certain knowledge and mere motion, given and granted, and by these presents, for us, our heirs and successors, do give and grant unto our dearest brother, James, Duke of York, his heirs and assigns, all that part of the main land of New-England, beginning at a certain place, called or known by the name of St. Croix, next adjoining to New-Scotland, in America; and from thence extending along the sea coast, unto a certain place called

Williams' history.

Petuaguine or Pemaquid, and so up the river thereof to the furtherest head of the same, as it tendeth northwards; and extending from the river of Kinebeque, and so upwards, by the shortest course of the river Canada, northwards: And all that island or islands, commonly called by the several name or names of Matowacks or Long-Island, situate, and being towards the west of Cape Cod, and the Narrow Highgansetts, abutting upon the main land, between the two rivers there, called or known by the several names of Connecticut and Hudson's River, together also with the said river called Hudson's, and all the lands from the west side of Connecticut river, to the east side of Delaware Bay and also, all those several islands, called or known by the names of Martin's Vineyard, and Nantuckes, otherways Nantucket; together with all, &c. Dated the twenty ninth day of June, in the twenty sixth year of the reign of King CHARLES the Second."

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To inspire confidence in the validity of the New-Hampshire grants, and encourage settlements under them, the Governor of New-Hampshire issued the following Proclamation:

BY HIS EXCELLENCY,

BENNING WENTWORTH, Esq.

Captain-General, Governor and Commander in Chief of His Majesty's Province of New-Hampshire, in New-England, &c.

A PROCLAMATION.

WHEREAS his Honor, CADWALLADER COLDEN, Esq. Lieutenant Governor and Commander in Chief of his Majesty's Province of NewYork, hath lately issued a Proclamation, of a very extraordinary nature, setting forth, that King CHARLES the Second, on the 12th day of March, 1663-4, and the 29th June, 1674, did, by his several letters patent, of those dates, grant, in Fee, to his brother, the Duke of York, among other things, all the land from the west side of Connecticut River to the east side of Delaware Bay; and therein also set forth, and describes the bounds of New-Hampsire; in which description there is a very material mistake; besides, there is omitted the fact, on which the description of New Hampshire depended, viz. His Majesty's determination of the north and western boundaries of the Province of the Massachusetts Bay, in 1739. And nothing can be more evident, than that New-Hampshire may legally extend her western boundary as far as the Massachusetts claim reaches; and she claims no more; but New-York pretend to claim even to the banks of Connecticut River, although she never laid out and settled one town in that part of his Majesty's lands, since she existed as a government.

When New-York government extends her eastern boundary, to the banks of Connecticut River, between New-York and the Colony of Connecticut; and to the banks of said river, between New-York and the Province of the Massachusetts-Bay, it would have been full early for New-York to declare that the government of New-Hampshire was fully apprised of the right of New-York, under the before recited letters patent to the Duke of York. In virtue of the final determination of the

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boundary lines settled by his late Majesty, between this government and the Massachusetts Bay, all the lands capable of settlements, have been erected into townships, agreeable to his Majesty's commands, and a con siderable revenue is daily arising to the crown, unless interrupted and impaired by his Honor's Proclamation, which New-Hampshire will not be answerable for.

At present, the boundaries of New York, to the northward, are unknown; and as soon as it shall be his Majesty's pleasure to determine them, New-Hampshire will pay ready and cheerful obedience thereunto, not doubting but that all grants made by New-Hampshire, that are ful filled by the grantees, will be confirmed to them, if it should be his Majesty's pleasure to alter the jurisdiction.

For political reasons, the claims to jurisdiction by New-York, might have been deferred, as well as the strict injunction on the civil power, to exercise jurisdiction in their respective functions, as far as the eastern banks of Connecticut River.

The said Proclamation, carrying an air of government in it, may possibly affect and retard the settlement of his Majesty's lands, granted by this government. For preventing an injury to the crown, of this kind, and to remove all doubts that may arise to persons holding the king's grants, they may be assured, that the patent to the Duke of York is obsolete, and cannot convey any certain boundary to New-York, that can be claimed as a boundary, as plainly appears by the several boundary lines of the Jersies on the west, and the Colony of Connecticut on the east, which are set forth in the Proclamation, as part, only, of the land included in the said patent to the Duke of York.

To the end therefore, that the grantees now settled and settling on those lands, under his late and present Majesty's charters, may not be intimidated, or any way hindered or obstructed in the improvement of the lands so granted, as well as to ascertain the right, and maintain the jurisdiction of his Majesty's government of New-Hampshire, as far westward as to include the grants made :

I have thought fit, by and with the advice of his Majesty's council, to issue this Proclamation, hereby encouraging the several grantees, claiming under this government, to be industrious in clearing and cultivating their lands, agreeable to their respective grants.

And I do hereby require and command all civil officers, within this Province, of what quality soever, as well those that are not, as those that are inhabitants on the said lands, to continue and be diligent in exercising jurisdiction in their respective offices, as far westward as grants of land have been made by this government; and to deal with any person or persons, that may presume to interrupt the inhabitants or settlers on said lands, as to law and justice do appertain; the pretended right of jurisdiction mentioned in the aforesaid Proclamation, notwithstanding.

Given at the Council-Chamber, in Portsmouth, the 13th day of March, 1764, and in the fourth year of his Majesty's Reign. B. WENTWORTH. By his Excellency's command, with advice of Council, T. ATKINSON, jun. Secretatary.

GOD SAVE THE KING.