The New Hampshire Gazette And Historical Chronicle

To the Printers.

Observing in your Paper of the 1st Instant an Advertisement from the Governor and Council of New-York, requiring all those Patentees who claim Lands to the Westward of Connecticut River, for which they have Patents, under the Seals of New-Hampshire Government, to appear by themselves or their Attornies, and produce such Patents or Deeds, on or before the 6th Day of September next, otherwise their said Claims Shall be rejected and vacated, and other Persons who have Petitioned for the same Lands, shall be preferred to such Delinquents; and ordering the Decree of said Governor and Council to be inserted in one of the New-York Papers for three Weeks; and also observing several Expressions in said Advertisement, that obliquely cast a Reflection upon the Governor and Council of New-Hampshire, by asserting, that the said Lands, at the Time of granting, then actually were within the Limits of New-York Government, which tacitly implies, they had taken it upon them to grant such Lands as they had no Right or Authority to convey; by which some Thousands of innocent Persons have been imposed upon, have expended large Sums of Money, and have now a fair Prospect of losing the whole, and are naturally led to reflect upon the Government of New-Hampshire for assuming a pretended Right to patent out such Lands.

I say, observing these Things, and the whole Tenor of said Advertisement, I cannot help exposing to the Public the manifest Partiality of that Order?

I will first wipe off that Aspersion, that the Lands at the Time of granting, actually were in the Government of New-York; and I will convince every unprejudiced Man, that his late Majesty and his Council knew, and allowed the aforesaid Lands to be in the Government of New Hampshire: And to do this, I will only remind and instance the late Dispute, between Massachusetts and New-Hampshire about Fort Dummer, which Fort was built and garrisoned by the Massachusetts on the Western Side of Connecticut River, but was afterwards adjudged to be within the Limits of New Hampshire; and Governor Shirley in the Year 1744 preferred a Complaint against New-Hampshire to his Majesty in Council, representing the Necessity of that Fort to guard the Frontier Towns of the Massachusetts, and New-Hampshire: and complaining that New-Hampshire would not contribute towards its Support, though it fell within their Jurisdiction; whereupon his late Majesty was pleased on the 6th of Sept. 1744, to signify his Will, by an Order of Council to the Government of New-Hampshire, that inasmuch as Fort Dummer was within their Jurisdiction, and a Protection to their Frontiers, if they neglected to support and maintain that Fort, he should be obliged in Justice to Mr. Shirley's Representations, and the Reasons with which he supported them, to annex Fort Dummer to the Massachusetts, with a proper District of Land for its Support.

What Words or Circumstances can stronger express the Sentiments of the Crown, that New-Hampshire had Jurisdiction on the West Side of Connecticut River, where the said Fort was built, that Jurisdiction has remained so, until his present Majesty was pleased on the 20th Day of July 1764, to make Connecticut River the Boundary between New-York and New-Hampshire, by which Settlement many fine Towns have fell to New-York.--- From this State of Facts, it appears, that the Governor of New-Hampshire, had an absolute Right to grant Patents to the Westward of Connecticut River: And altho' his Majesty is now pleased to order those Lands to be within the Government of New-York, can any one have the Assurance to charge his Majesty with injurious Treatment of his Subjects, who first settle his Lands under his Governors Patent and Seal: This they do, when they suppose his Majesty ever meant the vacating such Settlers Rights when he alter'd the Jurisdiction of those Settlements, and annexed them to any other of his Provinces--It is immaterial to him who settles his Lands, provided they comply with their Engagements, and behave as good Subjects, whether they belong to one Province or another; and it cannot be supposed that common Settlers enquire into or can know by what particular Authority innocent, well-meaning, diligent Subjects be made to suffer manifestly ruined for being ignorant of Politicks?

GOD forbid!--

I will in the next Place observe the apparent Partiality of the Order of Council in York, by confining the public Notice to the Prints of that City, when they must know that most of the Grantees lived in other Governments-- the least that could have been done was to have sent an Advertisement to the New-Hampshire Press for the Benefit of Grantees, residing within that Government; and had it not been for transient York Papers that came this Way, no Notice would have been given, and Hundreds would have lost the Benefit of an Application; and even as it now is, not one quarter Part of the Grantees will have it in their Power to make any Application, and must lose their Rights, after having expended large Sums in obtaining, surveying and planning Charters: It is to be hoped his Excellency Governor Moore will indulge the Grantees under New-Hampshire Grants with a longer Time to exhibit their Claims, especially as the Expences on forwarding a few will amount to too great a Sum; whereas many uniting may make it more easy.