O'Callaghan, E.B., ed. The Documentary History of the State of New York, Vol. IV. Albany: Weed, Parsons and Co., 1851.

That Deponent next day applied to the said Justice Munroe, who advised him to consult the Gentlemen of Albany, what was best to be done, That the Deponent hada Meeting at Albany, with the Mayor of Albany, and Justice Blicker, and represented his case to them, That they informed the Deponent, that it was out of their Power to do any thing for him, and he must apply to higher …

nent accordingly made his Escape, and the next Evening, (as he is informed by his Wife and Brother, who remained in his House at Wallumscock) the Rioters came to the said House, to the number of One Hundred, some of whom disfigured with Black; others with wigs and Horse Tails, and Women's caps and other Disguises ; and armed with Guns, Swords, Pistols, and clubs ; and …

And the Deponent further saith, that he does verily believe that he was in great Danger of his Life from the said Rioters, It having been frequently reported, that the Deponent would be cropt, gelt, and whipped by the said Rioters, and tied up to a Tree with a Gag in his Mouth, ahd so starved to Death, and the Deponent saith, that for the Preservation of his Life, he has been …

Tract granted to Edward Collins, James De Lancey, Gerardus Stuyvesandt Esquires, and others, the fifteenth day of June, one Thousand Seven Hundred Thirty Nine, by Letters Patent under the Great Seal of this Province, and this Deponent purchased them as such; and that the Deponent has been informed and verily believes that his said Farm lies within the Distance of seventeen …

And the Deponent, the said Samuel Gardenier, being again sworn, saith, that the above named Ichabod Cross, hath at several Times told this Deponent, that if the Sheriff should turn out of Possession, any of the People claiming or holding their Lands under New Hampshire, or any of them should be sent to Gaol they would raise a Mob and go in a Body to Albany, break open the Gaol …

Esq: one of his Majesty's Justices of the Peace for the County of Albany, deposing that on the night of the second of August last, and on or about the Hour of twelve or one o'clock a number of Men came to the Deponents House in a Riotous manner, and turned the Deponent his Wife and Children out of Doors, and then pulled the said House to the ground ; and that Seth Warner, of …

His Excellency laid before the Board a Letter from Samuel Wells Esq" one of the Judges of the Superior Court of Common pleas for the County of Cumberland, inclosing the Affidavit of Nathaniel Howe, whereby it appears that Messieurs Whiting and Grout, who were lately employed by Governor Wentworth to trace Connecticut to its source, had pursued an Easterly instead of the …

On Reading whereof and the Affidavit of Samuel Gardenier of Wallumschack, setting forth, sundry late flagrant Instances of Riots and Violences committed on the Claimants of this province by disorderly persons seated on Lands within. this province, under Grants of New Hampshire, who seem to be greatly influenced in this outragious Conduct, by the assurances they pretend to have …

A few days ago I received Information, that during the last Winter your Excellency formed the Design of Exploring Connecticut River to its source That the Assembly declining any provision for the Expence, M* Benjamin Whiting and M: Grant were sent on this Service, with a Letter from your Excellency, urging the people near the River (Friends to New Hampshire) to contribute to …

Had your Excellency thought fit to apprize this Government of your Design they would I am assured readily have adopted the Measure, defray their proportion of the Expence, and join'd in transmitting the Map which by Intelligence has actually been sent to his Majesty's Ministers & which will now be considered asan exparte act, and not deserving of that Weight it might otherwise …

Ill grounded as these Reports I am willing to believe must be, yet as they are propagated with a view to exasperate a people already too much bent on Mischief, and appear to have had the intended Effect, I hope your Excellency will by some public Act, undeceive oe deluded Persons, and hy so necessary a Means cooperate with me in preserving the peace and Tranquility of that …

stood of Assisting him that the said Sheriff required the said Posse to proceed with him to the said Lands and Tenements; that the greater part of the said Posse did attend him near to the said place and about Twenty or Thirty persons to the House of Brakenridge, of which latter number this Deponent was one:--that when the Sheriff came to the said House; and pushed atthe Door …

~ north of the said House armed with Guns who this Deponent judged by their appearance and actions were there -for the purpose of violently opposing the said Sheriff in the Execution of his Office. That this Deponent also observed that the said House had been put in a posture of Defence there being a number of Loop holes made in it and by their having as this Deponent …

Terms--That therefore after the posse or part thereof had remained some time by and near the House of Brakenridge they returned--That the said Sheriff before the posse had proceeded on their return above a quarter of a Mile, Told this Deponent and he believes others that he had also a writt of possession for the farm of one Fuller, and requested him this Deponent and he …

That sometime in July last past he this Deponent attended the Sheriff as part of the posse to assist him in takinge possession of the House and Lands that were in the possession of James Breakenridge at Benningtown in the County of Albany, That when the said posse and Sheriff had proceeded to a Bridge about _ half a Mile from the Said House, a Stop was made for some short …

That he this Deponent then proceeded with the Sheriff to the House, and found that not above Twenty persons of the posse attended him there, that the rest of the posse who had crossed over the Bridge kept back at some distance from the House notwithstanding the Sheriffs repeated request to the contrary--That when the Sheriff came up to the House he this Deponent saw that a …

That he this Deponent judged that this party consisted of above forty men who were all of them armed with Guns, That he this Deponent and the Sheriff went to the party who had the possession of the ground North of the House, That when they had proceeded to a fence, they were ordered by the party not to come over it-- That the Sheriff asked them what Business they had there …

That as sconas the Sheriff had the ax the party lying South East of the House presented their Guns--and he this Deponent seeing that if the Sheriff proceeded to the forcing the Door, the consequence would probably be the Death of the Small party remaining with him took hold of the Sheriff and prevented him from endeavouring the forcing the said Door--That thereupon the posse …

High Sheriff of the City & County of Albany, to assist in a Posse of the County to be raised by him in obtaining Possession of the House & Farm of James Brakenridge at Wallomskack by virtue of a writt of Possession to him directed. Issued out of the Supreme Court.of Judicature of New York : in consequence of which Summons he with many others attended the Sheriff to' the House …

On which the greatest Part of the Posse being retired being intimated by a considerable number of armed men on the South East & another Party on the north of said House at the Distance of about one hundred yard from said House : the Sheriff endeavoured several times to rally the Posse, but was left with this Deponent and about twenty others on the Spot, and once when the …

this deponent was summoned by Henry Ten Eyck Esq Sheriff of the City & County of Albany, to assist him in Executing a writ of Possession for the lands &« recover'd of one Brakenridge at Bennington, that he this deponent did attend the Sheriff with his possi when about 2 miles from said Brakenridges possessions, he the deponent, was desired by the Sheriff & some of the …

NEW HAMPSHIRE GRANTS. 739 had been made, that many of the Posse wou'd have lost their lives, and farther this deponent Saith not. Aspro C. Cuyer. Sworn the 12th October 1771 before me Jo R. Burecker, Ald™, AFFIDAVIT OF VOLKERT P. DOUW. City of Albany ss. Votxerr P. Douw of the City of Albany merchant of full age being duly sworn deposeth and saith that Some Time in July last …

Douw of the City of Albany merchant of full age being duly sworn deposeth and saith that Some Time in July last past he this deponent was Summons by Henry Ten Eyck Esq" Sheriff for the City and County of Albany to assist him in Takinge possession of the house and Lands that were in the possession of James Brakenridge at Bennington in the county of Albany that when the Sheriff …

740 CONTROVERSY RESPECTING THE those that were in the house refused admittance to the Sheriff that the Sheriff ordered the writ of possession to be read which was accordingly Done that the party Lying Sout East of the house when the Sheriff knock at the door presented' their Guns at the Sheriff and his party and further this Deponent saith not. Voixert P. Douw. Sworn before me …

Brercker of the City of Albany of full age being duly sworn on the holy evangelist of Almighty God deposeth and saith, that some time in the month of J uly Jast past this Deponent was summoned by Henry Ten Eyck Junt Esq' high Sheriff of the City and County of Albany to assist the said Sheriff to take possession of the Houses and Farms of James Brackenridge and Josiah Fuller at …

Cuyler Esq™ went NEW HAMPSHIRE GRANTS. 741 up towards a number of the said Persons who had placed themselves near the said House in order to summons them to assist the said Sheriff to take the possession but that when this Deponent and the said Abraham C. Cuyler approached near them they ordered this Deponent and the said Abraham C. Cuyler to stand off and this Deponent has …

Sheriff of the County of Albany, as one of the Posse to assist him to dispossess, James Breakenage and Josiah Fuller from Farms and: Messuages which had been recovered against them by Due Course of Law, That pursuant to his summons he repaired to the Place appointed by the Sheriff for the Posse to meet, That from thence the Sheriff with about one hundred and thirty men …

this Deponent remembers right one presented his Gun to the Sheriff, the posse seeing which tried to persuade the Sheriff to lay down the axe and leave the House, representing to him the Dangerous consequences that would attend, for, this Deponent believes that if the Sheriff had not desisted from breaking into the House, not only those from within but likewise the party from …

Marseris Esq? one of the Aldermen of the said City of Albany & one of his Majestys Justices of the Peace for the said City & County, being duly sworn deposeth and saith that he this deponent was summoned some time Last June or July by Henry Ten Eyck Junt Esq? high sheriff for the said City and County of Albany, as part of the Posse to assist him in Executing a writt of …

That this Deponent also observed that the said House had been put in a posture of Defence there being a number of Loop holes made in it and by their having as this Deponent understood secured or barricaded the Door, and that a number of persons were in the House, That very few of the Posse accompening the Sheriff were armed, That therefore this Deponent Judged it would have …

Marsexis. Sworn this Twelfth day of October 1771, Before me Vorxert P. Dovw. 744 SONTROVERSY RESPECTING THF ESQ® MUNRO TO GOV. TRYON May it Please your Excellency I take the liberty of acquainting your Excellency that on the evening of the 24 day of this instant november your excellencys letter to the Justices relative to the Dispossessing of a number reduced Soldiers was …

Iam sorry to inform your Excellency that the same Factious Spirit still prevails thoroughout this Coun- » try, for its got so thatno man durst Speake one word in favour of this Government without being in danger of both life and prop- - erty--for they declare themselves not afraid of all the Force that this Government can send against them and they will hold the land in …

P.S: Since I wrote the above, I am informed that they sent a Petition to his Majesty Praying to have the Jurisdiction changed to New Hampshire as far west as to include all the Grants which Gov' Wentworth made, at the Same time praying his Majesty not to determin upon the Board of trade's report untill the Jurisdiction is first altered: I hope your Excellency will pardon the …

That upon the 29th day of Oct last or one or other of the days of said. month the Deponent being at work upon a Lott of 200 acres of land granted him by Patent from under the Seal of this Province of New York said land being Vacant lying about 15 miles East of Hudsons river & 4 miles North of New Perth township in County Albany: There assembled Nine men who call themselves New …

That said Allen & Baker repeated said horrible Curses. That when the Deponent reproved them for it the said Allen said G--d Damn your Soul, are yon going to preach to us--and further said That if ever any Constable attempted to arrest them they would kill them That if ever any of them were put in Albany Goal they would break it down & rescue him, That then the Deponent fled to …

That said Expell'd people were all living in & about New Perth & suffer'd greatly by said Expulsion of said New Hampshire men who now claim said lands that the Deponent is also credibly Inform'd said Allen Denys the Being of a God & Denys that that there is any Infernal Spirit existing, & further Saith not: s : Sic Subseribitur Cuarues Hurcueson. These are Therefore in His …

Esqts Monro & Skeen being indisposed & living at a great distant the Expell'd people sent me word & I met them at Dr Clarks house in New Perth this day, Issued warrants to apprehend the New Hampshire rioters & traitors but their number & Situation in the mountains in such that I am of Opinion no Sheriff or constable will aprehend them That it will be highly necessary for His …

Governor of the province of New Hampshire, in Answer to a Letter from his Excellency the Governor of this province, complaining of an Exparte Survey of the River Connecticut lately made by the Government of New Hampshire, also informing Governor Wentworth of the Riotous Behaviour of Persons within this province claiming Lands under Grants of New Hampshire, and that the Riotous …

The Board taking into Consideration the dangerous Tendency of the Disturbances at present prevailing in that part of the Country, and that Governor Wentworth had not thought proper by public act of his Government to disavow the assurances, the Rioters pretend to have received from him, humbly advised his Excellency, and it is accordingly ordered by his Excellency the Governor …

His Excellency communicated to the Board a Letter from Alexander McNaghten Esquire, one of his Majesty's Justices of the Peace for the County of Albany, advising that he.had in pursuance.of his Excellency's Directions by the Advice of the Board of the 21st August last, inquired into the Riotous Conduct of the persons who had forcibly dispossessed Donald McIntire and others …

759 CONTROVERSY RESPECTING THE pounds to be paid to the Persons who shall apprehend and secure each and either of the said offenders, that they may be proceeded against as the Law directs. [ Here follows the Proclamation above directed, dated 9th Dec'r 1771, which is omitted as its substance is embodied in the preceding Order.--Ep.] PROCLAMATION REITERATING THE RIGHT OF NEW …

Whereas it is the ancient and incontestible Right of this Colony to extend to Connecticut River as its Eastern Boundary; and sundry loose and disorderly Persons pretending a Claim under New Hampshire to Lands far Westward of the said River, and even within seventeen miles of Hudsons River daily commit Acts of Violence; openly bid Defiance to the Authority of this Government by …

And Whereas it is become highly necessary that this Government should pursue the most vigorous Measures to suppress that daring and licentious Spirit, which has given so much Disturbance to the public Peace, and Interruption to the Course of Justice: In order therefore to undeceive such deluded Persons, and to bring them to a sense of the Duty and Submission they owe to this …

752 CONTROVERSY RESPECTING THE this Province is bounded Eastward by Connecticut River, the before mentioned Letters Patent from King Charles the Second to the Duke of York, expressly granting all the Lands from the West Side of Connecticut River to the East Side of Delaware Bay--That had the Government of New Hampshire adverted to an obvious. Distinction between their own …

Distinction between their own Claim and that of the Massachusetts Bay and Connecticut Colonies, it must have removed every objection; for, however exceptionable in other Respects, the Titles of the two latter Governments are founded on Charters prior to the Establishment of New York, but the Royal Commission which first connected the Bounds of New Hampshire with the Limits of …

NEW HAMPSHIRE GRANTS. 753 themselves of the Lands Westward of Connecticut River by Intrusion--That the said late Governor of New Hampshire by letter of the 224 day of June 1750, declared the Council of that Province were unanimously of the opinion not to commence a Dispute with this Government respecting the Western Extent of New Hampshire, until his Majesty's Pleasure should …

themselves of the Lands Westward of Connecticut River by Intrusion--That the said late Governor of New Hampshire by letter of the 224 day of June 1750, declared the Council of that Province were unanimously of the opinion not to commence a Dispute with this Government respecting the Western Extent of New Hampshire, until his Majesty's Pleasure should be further known ; and …

VoL. Iv. 48 754 CONTROVERSY RESPECTING THE Contest, until his Majesty should be pleased to determine the , Limits between his two Provinces, as every such Grant could be considered in no other Light than as a mere Nullity--But the | Government of New Hampshire totally disregarding the solemn appeal to his Majesty by both Provinces, without waiting for the Royal Decision …

Government of New Hampshire totally disregarding the solemn appeal to his Majesty by both Provinces, without waiting for the Royal Decision, issued Grants for many Townships Westward of the River Connecticut, some of which are within about seventeen Miles of Hudson's River, and others on the Banks of Wood Creek and Lake Champlain, altho' it is notorious that the whole country …

that no reasonable or well grounded objection can be assigned. against the Title of this Province, so ancient and clear in itself, and so fully established by his Majesty's Royal Adjudication and Authority; and that those who presume to disturb the public Peace on pretence of a prior Right to Lands Westward of Connecticut River, under the groundless Claim of the Government of …

hereby in his Majesty's Name enjoin require and command all Persons residing on any of the Lands within this Colony heretofore claimed by the Province of New Hampshire, to yield the Strictest Obedience to the Laws, and to demean themselves as good and faithful subjects within this Government, as they will answer the contrary at their Peril: And I do also hereby require all …

Sir ' ; : By the inclos'd Copy, from ye Journal of his Majesty's Council for this Province upon communicating to them your Excellency's Letters to me dated Fort George N: York Oct. 241771 and | 234 Dect 1771 together with your Proclamation inclos'd in the letter, and my answer to the first Letter ; It will appear that I cannot issue any public Act relative to those violences …

I must herein be denyed the satisfaction of Executing yonr Excellency's request in these matters, it gives me great pleasure to hear that there hath not been any Disturbances on the Banks of the Connecticut River, where the Inhabitants of New York have daily Intercourse with those of this Government ; but on the contrary, That the reported Evils are confin'd to a small …

Iam extremely obliged, & will embrace the first Opporty, that the public Service will permit, to avail myself of the honor your Excellency does me in an Invitation to New York; & shall receive very great satisfaction if at any time I may haw the pleasure of your company at Portsmouth - being with the greatest Truth & regard. Sir Your Excellency's most obedient humble Servant …

The premises being read, itis consider'd That by His Majesty's Order in Council 20 July 1764 the Western Bank of Connecticut River was then commanded to be the West Bounds of this Province and that this Government has been & is intirely obedient thereto ; Therefore the said proclamation, relating wholly to matters and Things without the Boundaries of this Province ; it is …

A True Copy from the Minutes of Council Attest' Gro: Kine Depy Seey, JUDGE LORD TO GOV. TRYON. Putney January 29. A. D. 1772. To his Excellency Witt1am Tryon Esq® Capt™ General Governor & Comander in chief in & over his majesies Province of New York in America & & pee Joseph Lord Esq' one of the Judges of the Court of Comon Pleas for the County of Cumberland, Beg's leave at …

But before that Day vizt the Evening of the Twenty Seventh Instant a Partie from New Hampshire Side of the River to the number of Seventy or Eighty came to the house where the goods were Deposited, and broke open the Door, took the goods & carried them away, after insulting in various ways, said Moors Family &*. I have taken some Depositions, relating to this matter, as many I …

I have farther to represent to your Excellency--That I being now arrived to the Sixty Eighth year of my age, Raisin orns & attended with the infirmities common to advanced Offices, Judge & | years, such as great Deafness, Loss of Memory dimness of Sight, and at times a paralitic tremor in my hands &* which disqualifie me for full, free & Perfect Discharge of the Offices of …

I have yet to crave your Excellency's Patience & Leave to Recommend to your Excellencys Favour Mr John Recommented to Grout attorney at Law, who hath Suffered much by wee persons Enemical to this Government, & to him on account of his firm attachment to it, & endeavours to maintain good Order & Justice therein.--Truth itself Obliges me to say, That his Practice as an attorney …

Obedient and most Humble Servt Mr Tryon ; JoserH Lorp. (Endorsed) Read in Council Feby: 28t* 1772. JUDGE CHANDLER TO GOV. TRYON May it please your Excellency . I have to acquaint you with a Rietous affair that happened in the County of Cumberland on the 27th Day of January Last, vizt a Number of Persons from the Province of New Hampshire to the Number of about 70 or 80 …

to a house took away a parcel of goods that was deposited ina house by an officer, Carryed them away over Connecticutt River into Hampshire, and Threatned to Do many other Felonious actions, vizt to go to Chester Pull Down ye Jail, and Deliver some Prisoners out of Jail, a true Representation whereof will be communicated to your Excellency by Joseph Lord Esq? one of the Judges …

As to the Nomination of ye Civil authority for ye County of Cumberland, that I Deliver'd to your Excellency, there is Two persons mentioned in the said Nomination that were not of my naming, And I think it would be better for the peace of the Towns, where they live as well as y° Peace of y® County not to make them Justices vizt William Davis and David Stone, Stone lives in …

I would also Begg leave to Inform your Excellency, that James Rogers Esq? of Kent, obtained a grant of the Township of Land called Kent in Cumberland County, and I was y® person that gave him the Bounds, and 'a Warrant of Survey was granted and a Return made, but the Patent did not follow according to ye Bounds made, and no Just Reason, that I can learn, why it did not Issue …

If your Excellency would be pleased to make a grant to the said Judge Lord, for his good services, in the County of Cumberland, but more especially for assisting the Sheriff with the Posse when he went to apprehend the Rietors at Windsor, wherein he was very servisable in stilling the same, and for which he has never had any Reward as some others have had, In some of the …

I would not be understood that I mean to draw your -Excellencys displeasure upon them, but I find that every act of indulgence which the Government offers is rejected with disdain ; and by the best Information I can get they are determined to oppose the authority of this Government assigning for reason that should they comply it will weaken their New Hampshire Title, and they …

Tam informed that they have established a Company in Bennington Commanded by John Warner of said Town and that a New Years day he had his Company reviewed and continued all day fireing at marks--I have sent several summons after a number of the Spectator's, that I may be enabled to transmit to -- your Excellency a proper return of this Company but as yet not one appeared …

Albany ss: The information of Breysamix Buck who being duly sworn saith that on or about the Beginning of this instant January he called at the House of Capt Stephen Fay in Bennington Tavern keeper, for some refreshment for himself and Horse upon coming into the House he found a number of People in the House as if they were engaged in business, upon which the deponent asked …

taanner assured the company that it was a grand falsehood, for he knew to the Contrary that the whole was a Desshe of Duanes and had been in'a Draught for some years ; after the Proclamation was read Mt Robinson asked the Deponent what he thought of it, to which the deponent answered and said, my oppinion-is that York Government will hold all the lands, upon which the said …

Munro's, we shall make a hell of His House and turn burn him in it, and every son of a bitch that will take his part: it's no wonder to suppose you one of that Principle for old Cole lives upon one side of yon and old Willoghby the other side-- the Deponent answered that if it should be the right of New Hampshire, might would overcome right, Mr Allen said how can you be such a …

Albany ss: Jonatuan Wurre of Shafsbury cuming this evenmg past the House of John Blackely of Shafsbury aforesaid the -- said Blakely Called out hew comes there the Deponent answered Jonathan White, well what dis the Mahomet say, the deponent answered not much, then the said John Blakely asked the Deponent what he thought of the Proclamation, the deponent answered T dont think …

One Joshua Beats of Shafsbury aforesaid did in like manner told the deponant that if the Yorkers got the land and drive them off they would come every year and destroy all and every Persons substance that would ofer to Settle upon the lands & the deponant says that in General the Inhabitants are more inraged against the Government since the last Proclamation was Published then …

By my letter of 29t» of January Last pass't, I informed your Excellency of a Great Riot that hapened here, composed intirely of People from the side of New Hampshire--Likewise Informed I was inquiring thereof, taking Depositions therefor (Being apprehensive Inquiry by a Jury was not practicable at that time) but since that time finding Inquiry by a Jury would not be unsafe I …

I tho't it Proper to subjoin the Following, vizt That I cannot find, in this Riot, any Gentlemen, Majestrate or officers were encouragers, abbettors or assistants; so far from that, they upon their first hearing of it, Gave a Laudable Testimony of their abhorrence of it. And when inquiry was making by us upon the very West Bank of the River (so nigh them) Gentlemen Spectators …

I. am your's to command & Most Obedient Humle Serv=t JosEpH Lorp. To his Excellency William Tryon Esq? Governour New York. (Endorsed) 1772 Feby: 28. Read in Council. NEW HAMPSHIRE GRANTS 767 ORDER OF THE GOV8S OF THE N. Y. COLLEGE FOR THE SETTLEMENT OF THEIR 'TOWNSHIP OF KINGSLAND. At a meeting of the Governors of Kings College m the City of New York on Monday the 17 Day of …

That the Remainder of the Tract be also divided into Lotts of one thousand acres each, the courses of which to be well ascertained and described in such manner that each Lott may be thereby subdivided into Lotts of one hundred acres as occasion may require and a full and perfect description be given of the Quality of each Lott and the Streams and places fit for Water works be …

William Walton or any three or more of them be a Committee to carry the above Resolves into Execution and that they have power tc Treat and agree with the said Twelve Setlers and Such others as shall incline to Settle on. the said Tract, and to take such Securities as they can best obtain for the speedy Settlement of the said Town Lotts, and also to Draw on the Treasurer of …

TRYON. 'Sir Our mutual Friend Captain Holland, who arrived here this Day from New York, informs me that many People are soliciting to obtain Patents for a Tract of Land on the West Bank of Connecticut River, formerly granted under the seal of this Province by the Name of Rockingham, and since by His Majesty's Order in Council annexed to the Province of New- York ;--In this …

I am with the greatest Respect & Esteem Your Excellency's very faithful and most obedient Servant J. WENTWORTH. Portsmouth New Hampshire 234 March 1772. His Excellency Governor Tryon &¢ Names to be inserted in the Patent of 5000 Acres of Land in Rockingham if it should appear expedient to His Excellency Governor Tryon to grant said Tract for Mt Wentworth vizt Benning Wentworth …

But that from the Conduct and Behaviour of those who were at Home, tho' not particularly mentioned or concerned in the Riot, he finds the greatest appearance of a determined Resolution not to submit to the Government: And this he found particularly verified by the Conduct of Eight or nine who were armed with Guns and Clubs in which manner they came to the House of one Heermans …

The circumstances of this Riot an the men aggravated as the offenders belong'd to another Government ; it was therefore with great Propriety that the Magistrates of New Hampshire exerted themselves in bringing them to Justice. Your own Endeavours for the same Salutary Purpose have NEW HAMPSHIRE GRANTS. 771 met with the intire approbation of the Board and the Council, and I …

As a Report prevails that your Excellency in Councill propose soon to fix upon a proper situation for a Court House to be erected in Charlote County, I therefore think ita duty incumbent upon me to lay before your Excellency the following Extract from Lord Dunmores Letter to me of the 11% ult viz: 'J shall be extremely happy if the Legislature should pay me the compliment of …

talked of for the Court House, all of them improper, being near the Southern Extremitys of the County; because it is demonstrable that it would prevent the settlement of the northern part of the County, and of course be greatly prejudicial to the Proprietors of Land there for there can be nc doubt that the fixing the Court House to the Southward will naturally draw the …

The Proprietors of Lands, as well as the Inhabitants, in the Southern parts of that County already possess great advantages over those in the northern parts, by their enjoyment of a milder Climate ; and being nearer to a settled Country and to the interior parts of the Province, they can have a ready market for their Produce at a much smaller expence of Carrriage ; which …

In a County where a great part of the Inhabitants are disafected to this Government, and have been subject to no law, it becomes a question, whether it would be proper to place the County Town near to Crown point, where the Inhabitants are NEW HAMPSHIRE GRANTS. 703 Well affected to this Government, and where the Civil Magistrate could have the assistance of a military Force in …

That your Petitioners being informed that the appointhienit of the Township or place for holding the Courts in that County of Charlette, will soon come under your Excellency's Consideration, They beg leave most humbly to suggest-- ; That the Township of Socialborough is nearly central, to that part of the Country, which will probably remain a separate County, when the Northen …

That from the best information your Petitioners are able to collect, tho' the settlement began within three years, there are already thirty five Families in Socialborough, and twenty more have made Improvements, & are expected to remove thither the ensuing Spring ; the chief of whom have agreed to take Titles for their Farms under this Government. That in the three Townships …

Reids settlement, which is furthest North and which consists of about Fifteen Families, is at no greater distance from Socialborough than thirty Miles and Major Skene's within Twenty Miles. That from these circumstances your Petitioners hope it will appear that this Township is well situated for the County Town, and not only convenient to the greater part of the present …

Your Petitioners therefore humbly pray, that, unless your Excellency shall judge some other place to be more proper, the County Town of the said County may be fixed at Socialborough in which case your Petitioners are willing, and do engage, to raise & pay all the money, which shall be necessary for erecting . 4convenient Court House & Goal for the said County. And your …

His Excellency communicated to the Board two Letters he had received from John Munro Esq? one of his Majesty's Justices of the peace for the County of Albany: One dated 28% March, acquainting his Excellency that he had proceeded against one of the worst men among the Riotors, and should have had him secured in Goal, had he had the Assistance of Ten Men that would have taken …

And that he hopes his Excellency will loose no Time in affording him such Relief as the Nature of the Case may require--And the other of the said Letters .dated the 6 Instant, in which the said Mr Justice Munroe informs his Excellency, that thé Rioters in that part of the Countyy are listing Men daily, and offer £15 Bounty to every Man that joins with them, and thus Strike …

Hazard Wilcox of Bennington in the County of Albany attending without, was called in, and being examined touching the Riots and Disorders in that part of the Country, declared that he lived on the patent of Wallumschack about seventeen Miles from Hudson's River, and that he understood the present Riotous disposition and Conduct of the people there, to proceed from their Claims …

The said Hazard Wilcox being withdrawn, and the Board taking into Consideration the present State of that part of the Country, and being unwilling to adopt severe Measures while there is any prospect that lenient Methods may prove successful, humbly advised his Excellency to signify to the principal persons among the said Inhabitants, that they should lay before his Excellency …

His Excellency communicated to the Board a Letter to him from Mr Justice Munroe of the 34 Instant, with a Letter from Ebenezer Cole to Mt Munroe of the 24 Instant, whereby it appears that the Rioters had brought to Bennington two pieces of Cannon and a Morter piece from the small Fort at East Hoseck with powder and Ball, and were making great preparations for their Defence …

The many violent and illegal acts you have lately committed against the peace and good order of this Province, of which I have frequent proofs and informations, at the same time that they are not only a reproach to yourselves, but dangerous and injurious to your families and interests, cannot fail of being highly offensive to your Sovereign. You may depend, a perseverance in …

That there may be no obstruction to your laying before me in Council, as soon as possible, a fair representation of your conduct, I do hereby engage full security and protection to any persons whom you shall choose to send on this business to New York, from the time they leave their homes to the time of their return, except Robert Cochran, as also Allen, Baker and Sevill …

This circumstance I mention that you may not be misled or deceived by a persuasion, that that part of the Country you inhabit, will ever be annexed to the Government of New Hampshire. I have this farther motive for mentioning the King's final decision, that by your receiving this authority, of: your being in the government of New York I am hopeful, your future conduct will …

That apprehensive of Danger if he dwelt longer among them, and knowing it would ruin both him and his Family if he was obliged to abandon his Farm, he went a few Days before he left Shaftsbury, to consult and ask the advice of John Bracket, who is a Person living in Bennington, an acquaintance of his, and who keeps up a good understanding with the People on both sides, and to …

Jedediah Dewey, John Fasset, Stephen Fey, Samuel Robinson and Moses Robinson, to be the Persons who rul'd and governed the Riotous Party at Bennington and the adjacent Towns--That Bracket promised to go the next Day to speak to the abovenamed Persons as the Deponent understood and to give the Deponent an Answer but did not go and the Deponent soon after having received …

That the Deponent since his Residence at Shaftsbury has been informed of frequent Riots and Violences committed by the People of Bennington and the adjacent Towns, except Pownall that remains quiet and peaceable; That the Riotous Party among the People who are by far the most numerous appear to him resolutely bent if they cannot otherwise keep their Possessions, to defend them …

Excellency of the Riotous spirit which now prevails among the people seated under Title derived from the Province of New Hampshire---That the Inhabitants of Durham, the place of his own Residence, are daily threatned to be driven off their possessions, the House he lives in to be Burnt, and that he is obliged to confine himself at Home, as he cannot with safety go om thence to …

To His Excellency William Tryon Esquire Captain General and Governor in Chief in and over the Province of New York and the Territories depending thereon in America Chancellor and vice Admiral of the same. The Petition of David Field, Silah Barnard Thomas Cutler Asa Rice Francis Rice Peter Rice Silas Cutlar Jotham Biglo Shubeld Bullock and Joel Biglo in behalf of themselves and …

That in pursuance thereof your Petitioners and their associates settled upon, cultivated, and improved the same at a very great expence conceiving their Title to be good until after the arrival of his Majesty's Royal Order in his Privy Council of the Twentieth day of July 1764 declaring "the West Banks of the River Connecticut from where it enters the Province of the …

That your Petitioners rested some years without further application for a Grant till a Patent to Colonel Howard comprehending all the property that some of your Petitioners had in the world induced them to trouble your Excellency with Two Petitions lately presented, one praying a Grant to your Petitioners ~ and their associates of such part of the Township of Guilford as is …

Your Petitioners therefore confiding in your Excellency's Humanity and the Tenderness of the Honourable board most humbly pray in behalf of themselves and their associates that your Excellency will be favourably pleased to Grant to your Petitioners His Majesty's Letters Patent for the residue of the Township of Guilford and also for the said Tract of Twelve thousand acres in …

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Daniel Lynds Wife & 4 children Joshua Nurs COME 66 William White CU Bee Zacheus Farnsworth 7 Giles Hubbert eres a Jedediah Woods '* 7 Barnabas Russel Z Oliver Wilson No Wife or child Benoni Smith Wife & 7 children Josiah Scott uc "ce Henry Hicks we Us Abel Tory s< Ms Amos Whiting Be ¢¢ Ephraim Whiting " ' Saml Bennit a 6c David Weeks mis «6 Seth Whitaker it " John Gaits Oe '6 …

Iv. 50 Winhall Wallingford Bridgwater Sharon 786 CONTROVERSY RESPECTING THE List of Townships formerly granted by New Hampshire for which applications have been made by petitions to the Government of New York praying Confirmations of the Said Townships under the Seal of the Province of New York and which petitions were on the 15'2 Day of June 1772 advised to be granted …

A memorial of Benjamin Spencer, Jacob Marsh, Ebenezer Cole, Bliss Willoughby and Jacob Pringle, in behalf of themselves and other freeholders and Inhabitants of the Counties of Albany and Charlotte, was laid before the Board and Read, setting forth the distresses of the People in that part of the Country, arising from the Riotous proceedings of the Inhabitants of Bennington …

papers mentioned in the said Order relative to the Disorders and Disturbances at Bennington and the Towns adjacent thereto presented to his Excellency the Report of the said Committee thereupon, which being read was on the question being put agreed and approved of, and Stephen Fay and Jonas Fay with the other persons who attended at the Board on the 29t* of June were called in …

That the Property in the soil was not altered, but the Jurisdiction only established by the said Order--That since the said Order sundry Grants have been made by this Government on the Lands granted to the Claimants under New Hampshire, which they conceive to be contrary to the Prohibition contained in his Majesty's Instructions to his Governor of this Province--That the …

Could we think it necessary to enter on a Refutation of Facts unsupported by Proof, and grounded merely on the suggestion of the parties accused, the committee must unavoidably suspend their Inquiry as to what relates to the Prosecutions and Ejectments in Question until the Return of the Judges, the Attorney General, the Clerk of the Crown, and the Gentlemen of the Bar, now …

His Majesty's Order declaring the Limits of the two Provinces, is dated the 20t July 1764, and on its arrival which was not until about the 10t April 1765, was communicated by the Governor to the Council, and a Proclamation issued on that Day notifying the same throughout the Province--In Consequence whereof numerous applications were made principally by reduced officers, and …

Several of the New Hampshire Grantees availing themselves of this Order, applied for and obtained Grants of the Farms they had setled and improved, while others confiding in the Validity of their New Hampshire Titles, rejected the Offer with Contempt, as appears by one of the Depositions referred to us, wherein it was declared that Samuel Robinson in the Fall of the Year 1765 …

As a farther Manifestation of the favourable Intentions of this Government towards the Grantees of New Hampshire, an Order was made hy the Governor in Council the 6 June 1766, reciting that the Board having under Consideration sundry petitions for Lands lying on the West side of Connecticut River, which were formerly granted by Letters Patent under the Sea] of the Province of …

quent but a few Days to the order of the 224 May 1765, in favor-of the New Hampshire settlers, but the survey of that 'Tract must have been prior to that order, and if it is true as now alledged, that there were several settlers within the Limits of that Grant at the Time issued we doubt not this Fact was then unknown to Government ; For whenever such settlements were …

The Earliest Instruction restraining the Governor of this province from making Grants of Lands patented by New Hampshire, bears date the 24 July 1767, and the Grants which principally affect the Claimants whose Case is now under our Consideration, were made prior to the date of that Instruction, and except the abovementioned Patent to Schneyder, and the Grant of Prince Town …

little Regard to the recent Claim of New Hampshire to Jurisdie tion Westward of Connecticut River, but this Point as well as the legality of the Grants of both Governments must be left fo the Judgment of Law; We shall only observe, that the Charters of that Province appear to us to have been made without express Authority from the Crown, after due Notice of the ancient Limits …

Indeed We are at a Loss to conceive upon what grounds the people of Bennington and that neighborhood can flatter themselves even by their application to the Crown, with any other hope than of obtaining Confirmations of such Parcels of their New Hampshire Grants as are not comprehended in any patents under this Colony, the rights of the New York patentees being as …

And the Committee are humbly of opinion that your Excellency do adopt Measures so extremely lenient on their submission to the following Conditions. That the Inhabitants of Bennington and the adjacent Towns concerned in the late Disorders, conform themselves to the Laws of this Government--That the Setlers on both sides shall continue undisturbed--and that such as have been …

We as Messengers laid before the above Committee an Extract of the Minutes of His Majesty's Council of the aforesaid Province of N. York the 24 Instant together with his Excellency Gov' Tryon's Letter of the same date directed to the Inhabitants of Bennington, &c and after reading the same to the above Committee & a numerous Concourse of the Inhabitants of the adjacent …

The above is a true Copy StepHen Fay. GOV TRYON TO THE INHABITANTS OF BENNINGTON Albany August 11 1772. Gentlemen, At the same time I express to you my satisfaction, by the opportunity of Mr. Fay, on the grateful manner in which you received and accepted the lenient measures prescribed by this government, for your peaceable conduct, until his Majesty's pleasure should be …

To prevent, therefore, the fatal consequence that must follow so manifest a breach of public confidence, Iam to require your assistance, in putting, forthwith, those families, who have been thus dispossessed, into re-possession of theirlands and tenements, in the same manner, in which they were, at the time Mr. Fay and his son, waited on me at Wew York. Such a conduct on your …

His Excellency also communicated to the Board a Letter of the 25h August last, which he had Received from the Inhabitants of Bennington and the Towns in its Neighbourhood, offering Reasons in Justification of their late Conduct, in dispossessing of their Habitations, several persons setled on Otter Creek, during the Time the Agents from the said Townships were attending his …

His Excellency laid before the Board a Letter from Gloucester County of the 22¢ August last, giving Information of the Concertion of Measures both in the Massachusets Bay and New Hampshire for exciting petitions to his Majesty for extending the Jurisdiction of New Hampshire to the Westward of Connecticut River, for confirming the Grants of that Colony within this Government …

That their present Claims include not only all those. 1 For this letter see Slade, 30 796 CONTROVERSY RESPECTING THE ~, who have since seated themselves in that part of the Country, but that their Conduct plainly Evinces their Intention to suffer no person quietly to enjoy by Titles from this province any. Lands comprised within the Grants of New Hampshire, Westward of ' the …

the Green Mountains, altho' only a very small part of that extensive Territory is even pretended to be occupied by the Claimants under New Hampshire--That his Excellency in pursuance of the Report of the Committee of this Board of the 1s of July last, has already offered them Terms much more favourable, than considering the Rashness and Violence of their past Conduct, they …

that the Board consider the Letter from Bennington as highly insolent, and deserving of Sharp Reprehension, and the Insinuation that the Settlements were to proceed under the New Hampshire Grants, and to be stayed under those of New York as utterly without any Foundation. The Council farther observed to his Exellency that every meer act of executory Government to restrain the …

The Board are unanimously of opinion that his Excellency do urge his Majesty's Ministers the necessity of a speedy signification of his Majesty's pleasure on this subject ; and at the same Time intimate that from the Number and Extent of the Grants under this province to reduced Officers and Soldiers and others, as well as the Confirmations that have been made to those who had …

Condition, Sa nEREIEIRREEECan Acca ; GOV. TRYON TO LORD HILLSBORO'. [Lond. Doe: Vol. XLHOfI.] ¥ New York 7 Octob. 1772. My Lord. The middle of last month I received an answer from the Inhabitants of Bennington & adjacent Townships, to my letter sent them from Albany, requiring them to put Coll Reid's Tenants in possession of the Tenements and Farms they had turned them 798 …

As your Lordp must be sensible, that the line of jurisdiction cannot be exerted or have its effect until the line of property is drawn. I must beg leave to solicit His Maj'y that I may have permission, as soon as possible, to admit as many of the Townships of New Hampshire to take confirmations under this Gover", on half fees, or such other Terms, as His Majty shall prescribe …

The new Hampshire proprietors who have offered to confirm their titles under the seal of this Provee on half fees, and have been restricted by His Majesty's late order forbidding me to proceed in giving them titles, are very importunate, and begin to be so much sowered and disgusted, that there is much reason to apprehend as they find the Bennington people and the adjacent …

His Excellency laid before the Board the petition of Complaint of Benjamin Stevens Deputy Surveyor of Lands, and John Brandon and John Dunbar, setting, that the Complainants being on their lawful Business was on the 29'» of September last met with by Remember Baker, Ara Allen, and five other persons at Onion River, and were without any provocation stript by them of their …

By the general sense and Wishes of the people. I find them Desirous that the County Courts should be held at Skenesborough, it being beyond dispute the best situation for trade &c some designing People of Bennington that attempt to lead, have over awed many that would be glad to present a petition. but as this method of a letter may have the same Weight with his Excellency …

I have now in my Custody the Stamps Moulds Mills and several other Materials for coining of Dollars (dated 1760) one crown piece dated 1752, one dollar dated 1766, and one dated 1768 which are all counterfeits & found in the custody of John Searles of Arlington and Comfort Carpenter of Shafsbury which with their own confession upon Oath, was sufficient Evidence to me and after …

What can a Justice do when. the whole Country combinds against him--The very night that I sent these two to Goal some of their associates Brock and Destroyed one of my Pot ash works, which cost me upward of fifty Pound my property is destroyed night and day & durst not say Ill done--by the confession of these Felons (there is a line of money makers) from New Jersey to a place …

His Excellency communicated to the Board the Intelligence he had Received from Major Philip Skene informing him that the Deputies of Bennington and the adjacent Towns, at a meeting at Manchester on the 21st of October, appointed Jehiel Hawley and James Brakenridge their Agents, who are immediately to repair to London to solicit their Petition to his Majesty for a Confirmation …

that every material Information relative to this Controversy hath been transmitted to his Majesty's Ministers--That the Board is unacquainted with the Character of M' Hawley, tho' well apprised of that of his Collegue, who is seated on Lands which if ever granted by New Hampshire, were long before patented in the province of New York. That unable to maintain his possession by …

patiently waiting the Event of their Applications to the Throne, they had since committed Force on the Lands of Colonel Reid, assaulted and Robb'd a Survey'r employed where they laid no Claim, and Cruelly burn'd and otherways abused one of his attendants: That while they permit no New Settlement to be made by the New York Grantees, they are at this Time establishing themselves …

Pursuant to your Lordships bhides of the 17 day of June last we have taken into our consideration such parts of the papers thereunto annexed as relate to disorders which have prevailed within the district between the Rivers Hudson and Connecticut in consequence of a variety of Questions & disputes which have arisen with respect to tittles to Lands and Possessions within the …

In early times the Government of the Massachusetts Bay under its ancient Charter which was vacated in 1684 assumed a Jurisdiction and granted Lands within that part of this district which lies to the East of a line drawn at twenty miles distance from Hudsons River and there are now some Townships remaining which are derived under patents from that Colony and altho the Province …

NEW HAMPSHIRE GRANTS. 805 'grant away a very considerable number of Townships of six miles square each in this County to the Westward of Connecticut River (This proceeding accompanied as it was with other disreputable Circumstances was fully stated in a Representation made to His Majesty by this Board in 1764 wherein it was recommended that His Majesty by his Royal …

'grant away a very considerable number of Townships of six miles square each in this County to the Westward of Connecticut River (This proceeding accompanied as it was with other disreputable Circumstances was fully stated in a Representation made to His Majesty by this Board in 1764 wherein it was recommended that His Majesty by his Royal Adjudication and authority should put …

Upon a full hearing of those Complaints His Majesty was pleased by his order in Council of the 24 of July 1767 to declare that no part of Lands lying on the Western side of the River Connecticut, within that district before claimed by New Hamp- 'shire should be granted until His Majesty's further pleasure was known and an Instruction was accordingly given to the Governor of …

grant lands to such of them at whose expence they had been located and surveyed and confirm to others the Grants which had already been made and this Petition having been referred to this Board by your Lordships Order of the 5 July 1770 they in their Report thereupon of the 6 of June 1771 entered fully and circumstantially into the consideration of the Question both as it …

1st The propriety or impropriety of reannexing to New Hampshire the Lands West of Connecticut River which the Goyt and Council of that Province represent to be a measure of essential importance to its interests and of great Publick advantage. gudly The conduct of his Majestys Governor.of New York in having in contradiction to the letter of the 49th article of his Instructions …

appear to us that the Representation made by His Majestys Governor and Council of New Hampshire contains a variety of matter well deserving your Lordships attention and we think that there is too good reason to believe that many of the Proprietors of Lands in the Townships granted by the Gov" of New Hampshire who have bona fide made actual settlement and improvement thereon …

With regard to the conduct of his Majestys Governor of New York in having departed from the letter of his Instruction matter which must be submitted to your Lordships consideration upon the grounds and reasons asigned by that Gentleman in his letter of the 24 of February last But we think it necessary | to say] to your Lordships that it is a step of sucha nature as to have …

and established under grants from the government of the Massachusetts Bay, fell within this District, by the determination of the northern boundary of that Province, in 1740. Secondly, those grants of land, made within this District, by the governor of New York, ereioee to the establishment of the townships laid out by the governor of New Hampshire, after the conclusion of the …

But, as we are sensible that such grants made by the government of New York, however unwarrantable, cannot be set aside by any authority from his Majesty, in case the grantees shall insist on their title; we submit to your Lordships, whether it might not be Benodiont: in order to quiet the original proprietors in their possessions, to propose that all such persons who may …