Documentary History of the State of New York, Vol. I
may be most proper, and effectual, I flatter myself that the giving my opinion at large in writing will be most agreeable to your Excellency's commands.
What at first Sight occurs in the vacating or breaking these Grants by due course of Law, and indeed there seems in common justice to be room enough for it but (to the purely Legal part, as it is an
art or science I pretend to no skill in it) It is evident that in many of these the Governor who
but that the King was deceived in all of them. The Gov who granted these large tracts, if they knew their extent, were guilty of a notorious breach of
granted them was deceived as to the quantity
;
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trust, and as it cannot be supposed, that they did this merely in the gayety of their heart, they must
have had some temptation, and this must be supposed to proceed from those that received the Benefit That therefore the Grantees are equally guilty with the Gov r in deceiving the King, and likewise of defrauding all the adventurers or settlers in the Colony of their equal chance of obtaining of it.
the most improvable and convenient lands, and of preventing the improvement and settling of the
Colony for which purpose only the Lands are supposed to be Granted.
These things supposed, I can
make no doubt of a remedy in the common course of the Law, but notwithstanding of this I apprehend, that it will be accompanied with so many difficulties, that it will be better to think of some For all attempts, of those in the administration upon the properties of the subjects, are looked upon with an evil eye and as dangerous, and will be more so in this country, where perhaps other.