The Documentary history of the state of New-York; arranged under direction of the Hon. Christopher Morgan, secretary of State. By E. B. O'Callaghan ...

832 CONTROVERSY RESPECTING THE
As these Grants are very extensive and valuable on the
western side of the Line and charged with trifling rents and
reservations, I have no ieason to imagine the New York Patentees
will either set up their claim in the Massachusetts Courts, or
seek for a compensation out of any other of the waste lands that
belong to the Crown.
It is also very improbable on the other hand, that these N.
York proprietors will meet with any further trouble from the
Massachusett's Claimants, whose titles and possessions on the
West side of the line are modern, and whose losses can be
abundantly recompensed by the Governt under which they
settled, out of the vacant lands of Sagadahock which are comprehended within the Charter.
In the list of claimants under the Massachusetts Bay, I do not
reckon those whose lands were discovered to be on the North
side, which was adjudged on the settlement of the controversy
between that Provce & New Hampshire in 1739, to be the North
boundary of the Massachusetts Bay. These compose the Townships of Brattleborough and Putney, and that part of Hinsdale,
which was granted to Coll: Howard, the first settlers of which,
upon that determination all acquired new Patents under New
Hampshire, esteeming the Massachusett's title a meer nullity, and
those Patents to have issued through mistake. Besides, My Lord,
as to Brattleborough and Putney, they are both confirmed under
New York, and so Hinsdale might have been, if the occupants,
either from an unwillingness to pay the quit rent, or a slight of
their Interest, had not neglected to make themselves and their
case known to this Governt, until a part of their Township was
granted to Coll: Howard, who brought over the Royal order for
a grant of Ten thousand acres, and agreeable to the privileges
given him in the Mandamus made his Election of that spot.
To me therefore it appears clear, that no person can justly
avail himself of a Massachusets title out of the line assigned
for its North Boundary in 1739, and I submit it therefore to
your LordP whether it will not be inexpedient to excite applieations to the Crown for compensations; and to guard agst
frauds, I must observe, that as some of the New York Patents
extend several miles beyond the partition agreed to at Hart