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

With regard to those grants made by the governor of New York, which fall within the second description, and upon which any actual improvement has been made; they do appear to us to deserve the same consideration; and that the proprietors thereof ought not to be disturbed in their possessions, whether that improvement be to a greater or lesser extent. But we beg leave to …

Having thus stated to your Lordships every case that appears to us to deserve consideration on the Ground of legal title followed by actual Settlement and Improvement we do not hesitate to submit to your Lordships our opinion that all other lands whether the same be or be not contained within the limits of any Township or of any other Grant whatever and of which no possession …

Qndly That all commissioned and non commissioned Officers and Soldiers who have in consequence of the Proclamation of 1763 obtained Warrants of Survey from the Government of New York for Lands within the District between Hudson and Connecticut Rivers and who have not been able to compleat their Grants on account of the restriction contained in his Majestys Instructions to his …

3dly That in every Township whether laid out under Grant from the Governor of New Hampshire or that of New York a proper quantity not exceeding five hundred acres be reserved in some convenient part of the district as a Glebe for a protestant Minister and also a proper quantity not exceeding two hundred and fifty acres for a Schoolmaster. 4thly That the Residue of the said …

The foregoing propositions are all which have occurred as necessary for your Lordships immediate consideration sa far as regards the claims and pretensions which have been set up and the disputes and Questions which have arisen concerning titles to Lands within this district and also to the best method of disposing of those Lands which in consequence of an adjustment of those …

'the Rivers Hudson and Connecticut and particularly in the neighborhood of the latter does abound in many parts of it with Trees fit for masting for the Royal Navy and for other Naval purposes and we observe from the minutes of the proceedings of the Gouncil of New York that one of his Majesty's assistant Surveyors of the woods in.America especially appointed by the Lords of …

Another case that appears to acquire particular consideration is the claim of the Society for the propagation of the Gospel in \ 812 CONTROVERSY RESPECTING THE foreign parts founded on a Reservation inserted by the Governor of New Hampshire in the grants made by him of five hundred acres in each Township for the use of that Society a Reservation from which we conceive the …

The foregoing propositions together with what we have submitted to your Lordships upon the case of the Township of Hinsdale which appeared to us to require a separate consideration are all that have occurred on the subject matter of the papers annexed to your Lordships orders of reference of the 17' of June last so far as they relate to the claims to possessions within the …

The circumstance that more particularly makes this an object of consideration is the proposition' we have submitted for the sale of these Lands for a valuable consideration and the necessity that there is therefore that the Grant or Conveyance should be burthen'd with as little expence as possible because the facility of selling then» upon the plan and for the price we have …

We have upon former occasions found it necessary to take notice of the Complaints which have been made of the injustice and extortion of the Servants of the Crown in New York in this respect and we have at all times considered the liberty they have assumed to theiselves of taking greater and other fees upon Grants of Land, than what were established by the ordinance of the …

Of later times however the Governor the Secretary and the Surveyor have taken and do now exact considerably more than double what that ordinance allows and a number of other officers do upon various pretences take fees upon all Grants of Land, in so much that the whole amount of these fees upon a Grant. of one thousand acres of Land is in many instances not far short of the …

~ 814 CONTROVERSY RESPECTING THE payment' of the consideration money to his Majesty's Receiver General issue his warrant into the Secretaries office, the Grant do pass without any other form or process whatsoever and with- - out any fees whatsoever to be taken either by the Attorney Generai the Receiver General or the Auditor and that neither the Gover nor the Secretary nor …

the practicability and impracticability of those, we have now submitted will depend in great measure upon the acquiescence on one hand and the obstinacy on the other of those whose different claims we have stated but if the plan of accommodation we have chalked out, shall in the General outline of it meet with your Lordships approbation it is all we can presume to hope for and …

I have already acquainted you, in my letter of yesterday's date, that the State of the District between the Rivers Hudson and Connecticut would probably become the subject of a seperate letter, in consequence of a Report of the Board of Trade; and therefore I shall decline taking any other, notice, in this place, of the continuance of the disturbances on the Lands in that …

That by Letters Patent under the Great Seal of the Province of New York bearing date the nineteenth Day of March 1768 a Large Tract of Land containing near forty Townships each of the Contents of Six Miles square was erected into a County by the Name of the County of Cumberland and the Inhabitants thereof are in and by the said Letters Patent Declared to be vested with and …

That your Petitioners acknowledge with the utmost Gratitude the Recent Marks cf your Excellency's Paternal Attention to the Welfair and Convenience of the Inhabitants of the said County by the late Salutary Regulations and as your Petitioners are wholly disposed to demean themselves as good subjects so they are desirous of Enjoying in common with the Inhabitants of the other …

Your Petitioners therefore most humbly Pray that. your Excellency will be favourably pleased to issue your writ enabling the Freeholders and Inhabitants of the said County to Elect and choose two representatives for the said County to serve in General] Assembly returnable at the meeting of the said General Assembly on the fifth Day of January next. And your Petitioners as in …

NEW HAMPSHIRE GRANTS, Joseph Lord Samll Wlls Noah Sabin Wm Willard Simon Stevens John Bolton Bildad Andros Zadock Wright Crean Brush John Grout John Kelly Simeon Olcott Solomon Phelps Samuel Knight Elijah Alvord Zephaniah Swift Silas Rice Joshua Hide John Pennel John Thorne Elisha Pratt Jobn Pettey Jonathan Safferd Ephraim Ranney Elijah Ranney Benjn Gorton Bildad Easton Wm …

Noah Sabin Jur Jonathan Houghton Noah Cushing Dennis Lockling Daniel Houghton Cyrus Houghton J John French James Corning Junr Cyrus Houghton Ebenezer Houghton John Butler Ebenezer Wright Asa Holgate Farebank Moore Thomas Sargeant Elisha Harding David Willis Jonathan Wells William Cranny William Ellas Thomas Ellas John Ellas Joseph Burt Luther Burt 'Joseph Burt Junr Saml Wells …

Humbly Sheweth That whereas it hath pleased the Honourable Legislature of this Province lately to form our part of the County Albany into a New County under the name & title of Charlote County and its being to us a mater of very great Importance that the County Court House be fixed in a convenient spot as near the centre as may be so Skenesborrow to us apears the most suitable …

May be established as the seat of Judicature for the County this apears by their Subseriptions & a road being already opened by their help from their Town to Skeensborow. Wherefore May it Please His Excellency the Governor and the Honourable Privy Council to order and appoint that our County Court house shall be ereeted in Skeensborow upon whatever spot the Judges Justices & …

Adam Getty Patrick Willson James Crossett Daniel McCleary William Monerief Alexander McWitt James Simpson James Thomson Alexander Stewart Robt Steurt David Steurt Samuel Wilson Samuel Hopkins Robert Hopkins Robert Caldwell Daniel McEntire John Dunlop Stephen Rowan Robt Qua John Lytle Frances Lamman Charles Hutchan James Moore Hugh Moore John McNab John McCenney John Tod David …

Thomas Alford Robert Doglas John Anderson Peter Beverly Stephen Jones Silas Train Tsaack Baker Jehu Bird Daniel Warren Abner Walsh Jonathan Olds John Peek Frederick Peek David Crippen Gideon Gooly Steven Méad James Hopkins Roger Steven Joel Powel John Vine John Webber Richard Bignol Samuel Welcock Amos Fuller Zacheas Williams John Sweet Hopewell Bailey' Thos Black (Pétition N° …

Robt Lewis John Pangburn Garrison of Crown Point Lachlan Mackintosh Nathaniel Marsh &e. &e. s Collin McKenzie Dayid Valena John Cobham Alexr MacKenzie Jacob Ferris Stephen Chapman John North Abner Brisk - Wm Wood Hugh Whyte David Hoelcomb Thomas Brady Fredk Skinner Abram Holcomb Moses Campbell Benj: Porter Elijah Grandy Donald McIntosh Joseph Russel John Crigger Azriel …

: - : - 14 Jacob Stockwell - : : 6 Jacob Cline - : : 2 James Smith- : oleh eae John Dewey - : : - 5 Natt Harvey - - é 5 Ephraim Ayers - - - 2 Levi Stockwell 5 6 Sf sy James Daily - - . - 8 Andrew Ranney" - : - 1 Thomas Roberts - - : 2 Elishama Fryer : : of eB John McFerran - : Z - 8 Ebenezer Vinie : : " 4 James Jackson - - - 6 Samuel Bacon : : ae 1S Zechariah Thomas = - ' - 8 …

NEW HAMPSHIRE GRANTS. 821 The Names. In Family The Names. In Family, George Boyle - - : 6 James Armstrong : - Sy | James Boyle - - - 5 Andrew Stevenson - 3 John Boyle : - : 6 David Douglas - . 2 Benjamin Murray : - - Hugh Campbel - - - 5 Charles Reed : - : 8 Total in Family 379. *,* The last enumerated 71 subseribers were Tenants to Major Skene. PETITION OF THE INHABITANTS OF …

That some time afterwards on the humble Petition of the then Inhabitants, the Lands on the West Side of the said Connecticut River were erected into two new Counties by Letters Patent under the Great Seal of the Province of New York by the respective names of Cumberland and Gloucester since which the Course of Justice hath been duly established and the Inhabitants have enjoyed …

That. they are not entitled to the Rights and Privileges of Freeholders from the Defects. of their present Charters, nor can they for the same Reason support any Action for their Landed Property when it is injured or withheld from them, That while these distressing Circumstances fall heavy on Individuals they at the same Time obstruct the Growth and further Cultivation of …

Thos Chandler, Joseph Lord, Samuel Wells, Noah Sabin, Nathn Stone, Israel Curtis, Ephraim Ranney, Crean Brush, William Patterson, Malcom Church, Daniel Renney, Oliver Wells, Joshua Stoddard, John Norton, William Willard, John Grout, John Kathan Junr, Oliver Church, Elijah Prouty, Oliver Cook, John Sargent, Alexander Kathan, Benjamin Gorton, Samuel Knight, David Church, Jacob …

James Comins, Cyrus Houghton, Ebenezer Houghton, John Butler, Ebenezer Wright, Asa Holegate, Thomas Sargent, Ferbarik Moore Junr, William Cranney, Jonathan Wells, William Ellis, Thomas Ellis, John Ellis, Joseph Burt, Luther Burt, Nathan Davis, Jabez Davis, Ebenezer Fisher, Blias Wilder, Oliver Harrisjunior, Benjamin Baker, Elisha Harding, David Willis, Edward Jewett, John …

Silvester Junr, Er; Chamberlin, Pelatiah Bliss, Richard Chamberlin, Ben: Chamberlin, Silas Chamberlin, Richard Chamberlin Junr, Joseph Chamberlin, Thomas Johnson, Gideon Smith, Levi Silvester, Jacob Fowler, Nehh Lovewell, John Nutting, Ezekiel Colby, John Orman, Robt Johnson, Samuel Stevens, Simeon Stevens, Moses Hariman, Jacob: Ken, Samll Eaton, Remnd Chamberlin, Robert …

White, John Marten, William Thomson, David Thomson, Samuel Thomson, James "Thomson, James Horner, John Kandy, Silveneus Owen, Noah Dewey, William Bell, Mathew Miller, John Robart, Samuel Miller, James Miller, Joel Woodworth, Richard Rogers, James Penock, Tim Bartholomy, Petre Thems, John Strong, James Mann, "Solomon Strong, Joseph Downer, Uriah Curtis, Abner Chamberlin, Moses …

County of Cumberland ss: Be it Remembered that on the Twenty Sixth Day of January one thousand seven hundred and seventy three Personally came and appeared before me Samuel Wells Esquire one of the Judges of the Inferior Court of Common Pleas and one of his Majesty's Justices of the Peace, for the same County, Israel Curtis, Esquire, and Malichi Church Yeoman, both of y® same …

Banyar D Secry / DEPOSITION OF CAPT. DAVID WOOSTER. : City of New York, ss. Davip Wooster, of New Haven, in the Colony of Connecticut, Esquire, being a Captain on Half-pay, reduced from his Majesty's Fifty-first Regiment of Foot, being NEW HAMPSHIRE GRANTS. 825 duly sworn, Hida oath, eat as a reduced officer as aforesaid, he obtained pursuant to his Majesty's Proclamation for …

Lake Champlain, within a Mile and a Quarter of the Fort there, that about five years since, and after the Deponent had obtained the said Grant, on visiting those Lands he found five Families which had then lately settled, some of whom pretended to have a Claim there under a Grant from the Province of New Hampshire, and some of them pretending no Right at all, promised the …

826 CONTROVERSY RESPECTING THE hold the Deponent's said Lands from him by Force of Arms, This Deponent in the Month of September last visited his said Lands, in order to secure his said Property, and to give the said Settlers thereon Leases, if they would accept of the same, carrying up with him Declarations in Ejectment to serve on them if he should find the same necessary …

That upon the Deponent's Arrival at his said Lands, the settlers thereon and the others, collected together in a Body about thirteen in Number, when the Deponent offered those who had settled on his Lands, Leases, which they absolutely refused to accept upon any Terms. whatsoever, but declared they would support themselves there by Force of Arms, and that they would spill …

whole Extent from North to South, to defend themselves by Force of Arms, in opposition to every attempt in support of the ------ NEW HAMPSHIRE GRANTS. 827 Titles to Lands there under the Provinee of New York, and that chey could raise Multitudes of Men for that Purpose, sometimes mentioning a thousand, sometimes two, thousand, and sometimes five hundred Men ; That …

Titles to Lands there under the Provinee of New York, and that chey could raise Multitudes of Men for that Purpose, sometimes mentioning a thousand, sometimes two, thousand, and sometimes five hundred Men ; That notwithstanding their Declarations and Menaces ; this Deponent is fully satisfied, that he could reduce them to due Order all over the Country with fifty Men, and this …

TRYON. [Lond. Doe. XLITI.] Whitehall 10t» April, 1773, No. 8. Sir, The Lords of Trade haying in a Report to the Lords of the Committee of Council, stated several considerations and propo- » sitions respecting the claims of property, and possession of Lands: lying between the River Connecticut and a supposed similar curve Line at the distance of 20 miles from Hudson's River …

But as the-carrying those propositions into effect depends upon the consent thereto of many persons having different interests in and claims to the Lands, and upon their acquiesence therein, and as there are I conceive many Facts and circumstances which have never yet been stated, that if not attended to may create difficulties that will render the whole plan abortive, I think …

On the ground of these considerations it is proposed: that all claims to Lands derived from the Grants of Townships heretofore made by the Province of Massachusetts Bay, should be established and confirmed, and the present proprietors quieted in their possessions and that all Grants whatever made by the Governt of New York within the limits of the said Townships being in their …

That all Townships laid out within the said district, either by the Governors of New Hampshire or New York, and which do not include Lands within the Limits of some antecedent Grants, be established as Townships, according to the limits expressed in their respective Charters, and that all persons posessed of shares in those Townships, whether as original Grantees or by …

That some short and effectual mode be established, by act of Legislature or otherwise, for ascertaining by the Inquest of a Jury, the state of possession, settlement and Improvement, upon all lands within the said district, claimed under grants made by the Governts of New Hampshire or New York, and that all such Lands, which shall by the verdict of such Jury appear never to …

These, Sir, are in general the Propositions which have been suggested by the Board of Trade, and approved by his Majesty in Council, and it will be a great pleasure to me to find by your Report. that they are satisfactory to all parties, and can be carried into execution without difficulty or Discontent. T am ettc. DaxTMovuTu. se chee MORE RIOTS. Puiturp Nicuoxs of …

That he in Company with his brother Purchased a Tract of Jand in the Township of Socialborough some years Past, and by their Industry have cleared and Cultivated such a Part thereof as would afford them a Comfortable Maintainance could they Enjoy it Peaceably, and the Deponent further saith, as he was Traveling the Road not Far from his Farm in the month of April last Past …

Putte Nicuots. Charlotte County ss. Personally came before me the above Subscriber Phillip Nichols and made solemn oath to the Truth of the above Deposition. Before Brnsa. Spencer Jusce Peace. In Council April 28 1773. Mr. Chief Justice Horsmanden_ ordered to issue his warrant for the arrest of the above rioters. NEW HAMPSHIRE GRANTS. 831 GOV. TRYON TO LORD DARTMOUTH. [Lond …

'Your Lord? is already apprised that the measures recommended by the Lords of Trade cannot be carried into exetution without the authority of the Legislature, and you will permit me frankly to declare that I think, I cannot flatter myself with the slightest hope of procuring the concurrence of the Assembly of this Prove in a scheme so repugnant to the claims of persons who …

There are four Tracts of Land affected by that Partition, the Manor of Renselaerwyck granted in 1685, the Manor of Livingston in 1686, the Patent of Hosick in 1688, and the Patent of Westenhook in 1708, and I do not learn there are any possessions) under either of them to the Eastward of the line agreed upon by Commissaries. 832 CONTROVERSY RESPECTING THE As these Grants are …

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 …

ford, an ill use may be made of the generosity of the Plan by a concert between the New York Patentees, and the Massachusett's Possessors. to set up a very extravagant demand of fifty acres for every three that are improved by the latter, beyond the partition, and within the letter of the New York Patents, the Proprietors of which have made no improvements there, as I have …

And as the River Connecticut on the other side, tends so far to the Eastward of the North as at the 45th degree of latitude to be ninety one miles from Lake Champlain, your Lord? will perceive, that the Report of the Board of Trade must effect a great number of Patents Grauted under this Goverat, and give a preference to lie New Hampshire Claims home to the. waters of Lake …

And as they now belong to an infinity of persons, in and out of the Provee, & valuable considerations have been paid by the original proprietors, never to be recovered back on account of the changes which time has made in their circumstances & situations, how is it possible, My Lord, to frame any Law for the distribution of justice to the present claimants " or what prospect …

First--Loud Complaints -will be made of the Crown's reseizing of unimproved lands by those who have had New York Patents since the Royal decision in 1764 for Tracts not before granted by N. Hampshire. For these Proprietors will insist that no advantage can equitably be taken of their unsettled Parcels, since the non improvements are to be imputed to the violence & power of the …

The King was pleased in 1764 to declare the west Banks of Connecticut River to be the Eastern Boundary of New York, and this considered with reference to the Grant of the Province to the Duke of York in 1664, which conveyed to his Royal Highness all the Lands from the head of Connecticut to Delaware, together with the whole of the River Hudson, which is between them, what room …

Besides many of -these Military Grants are now owned by other persons who have paid for their possessions and will never become volunteers in the cession in the expectation of other Tracts, while there is reason to apprehend, that the residue of the Land 'in the district, out of which they are to be satisfied, (free from claims) is not of sufficient value, its remoteness and …

Sixtkly: that scarce any measure can raise a more general discontent in this Colony, than a Law to vacate Patents for nonsettlement--those of which the advantage might be taken are many, and the dread of a precedent of this kind will unite all the Landholders to oppose a project so alarming to their Interest I will not presume to say, there is no instance, in which the avarice …

In contemplating the state of this Country, it is material to observe ; that there are one hundred and fourteen Townships of Six miles square granted by New Hampshire, besides those fifteen which have been confirmed by New York ; that the Patents under this Provee to officers and soldiers, & others included about six hundred thousand acres ; that many of those © grants …

That the Eastern part of this Country, comprehend [ed| in our New Counties of Cumberland and Gloucester, pay a cheerful submission, to this Governt and that none of the Inhabitants even on the most westerly Parts of the Counties of Albany and Charlotte, where the New York Patents chiefly clash with the New Hampshire grants, are desirous of a change of Jursdiction for any other …

Your Lordp has doubtless adverted to the smallness of the rent reserved to the Crown by these numerous Charters under N. Hampshire; and it is my duty to observe, that there is more than ground for mere conjecture, that they would under that Governt be totally lost Issued as they were without Surveys, and for Jands described without accuracy, and often clashing with each other …

If there is no hope of a decision from the Legislative authority, the only prospect of a speedy restoration of the common tranquility, must depend upon Govern'® prevailing with one or -- other of the contending parties, to make voluntary cession of their claims. For reasons to be mentioned in the sequel, I am not to expect that the N. York grantees will come into such a …

As these are the most tenacious asserters of that Doctrine and Claim, I cannot help wishing for some new declaration of his Majty's miad upon this subject, for if their title should be deemed void, and an immediate submission take place in this quarter it will doubtless prevail throughout the whole extent of the controverted Territory. And even upon the supposition that this …

Hampshire Grants rendered them proportionably cheap, & the purchases of them were considered rather as gaming adventures than certain and substantial acquisitions. And among these New Hampshire Grants we carefully distinguish between such as are improved, and those which from the little value set upon them, are not only unsettled, but their very situation not accurately known …

Your Lordp may rest assured that of all the N. Hampshire Grants interfering with Patents under N. York, there are none considerable for their improvements, except that part of Hindsdale which was granted under the Royall Mandamus to Coll. Howard, and the Township of Bennington and one or two more in that vicinity ; & I am persuaded, that the main difficulty will Jay in …

The parties concerned, who, in the present Infant State.of this controversy, may now listen to the Royal Voice and overtures, will in a very short time, look only to the Law, for a settlement of their disputes, and when strengthened by numbers, impoverished by Law suits and animated by a concourse of Banditti, whose interest it is to flock to such troubled quarters, the Law …

That some more easterly line be substituted instead of the Curve line proposed ; be it a continuation of the line agreed upon at Hartford, or the western boundary lines of the Counties of Cumberland and Gloucester, dividing them from Albany and Charlotte as established by an Act of our last Session either of which will reduce the object of the Report from that degree of …

That all occupants under New Hampshire Titles, and within New York Patents, whether the latter be prior or subsequent, have such liberal equivalents out of the waste lands, and such other indulgences by a suspension of Quit Rents, as His Majty © shall think equitable, the situation of these settlers being the consideration of the greatest hardship & difficulty. _ That all …

It only remains to say, that the more speedy the Royal doch: sion; the more liberal the adopted principles, the greater the Bounty to those New Hampshire settlers who are within the N. 842 CONTROVERSY RESPECTING THE York Patents, and the more extensive the eonfidence given to his Majesty's servants of this Government, the more readily will the present storm be dispersed, and a …

I am, with the greatest respect and esteem My Lord Your Lordship's most obedient servant Wm Tryon. <> : JAMES HENDERSON TO MR. MACKINTOSH. THE MOB DESTROY COL. REID'S SETTLEMENT AT OTTER CREEK. Dr Sir We are Sorry To Acquaint you that Last night We Were over Poured By more Than one Hundred men Then it was Demanded That We shoud Emediatly Turn out Which We Were obliged To Doo …

I have only time to Inform you Excellency that the Mob has broke loose, a messenger brought me word this minute that in few days the whole of my property would be burnt to ashes, few nights agoe all my Pot and Pearl ash with 20 Barrels of Pot & Pearl Ash was burnt to ashes, in the night time but how it happened I cannot pretend to say, last night one of the Mob was taken by a …

or Royal Highland Regiment: Also the Petition of Henry Ext-_ ley, Godfried Brookman and Johannes Snouse with sundry | affidavits and other Papers relative to several late Riots in the | County of Charlotte, committed by Seth Warner, Remember Baker, one Allen, and other Persons unknown, in which they destroyed a Grist Mill, the property of Col Reid, burnt the Houses | of his …

The Council considering the Frequency and dangerous Tendency of such Disorders, which have hitherto proved beyond the Power of the civil Magistrates to suppress--That nothing | less than a Military Force in aid of the civil authority can restrain and put a stop to these daring outrages, and that such assistance is become absolutely and unavoidably necessary to enforce obe …

That in the present circumstances of affairs in America, it appears to me of a dangerous tendency to employ regular Troops, where there are Militia Laws, and where the Civil Magistrate can at any time call upon its trained Inhabitants to aid and assist NEW HAMPSHIRE GRANTS. 845 them in the performance of their Office, and the execution of the Laws in force against Rioters, and …

T have further to observe that Crown Point, being entirely destroyed and unprovided for the quartering of Troops and Tieonderoga being in a most ruinous state ; such Troops as might be sent thither, would not be able to stay a sufficient time at those posts to render them of much utility. If however you persist in your request and think it absolutely necessary to send troops …

of the Colony--That the Board is still of the same opinion as to Propriety of the Measure, but as Crown Point is demolish'd, that two hundred Men to be at the Post of Tieonderoga as soon as conveniently may be, is a Force sufficient to afford the proper assistance to the Civil Magistrate for the Preservation of the Peace--That it cannot be determined how long the Troops will …

And afew Days after their arrival did agree with Lieutenant Colonel John Reid to settle as Tenants on his Lands at Otter Creek in Charlotte County, That Colonel Reid did accompany them to Otter Creek, distant some Miles East from Crown Point, and was ata very considerable Expence in Transporting them and their Wives, Children and Baggage on so long a Journey from New York …

That the Deponent heard Colonel Reid accuse the said Persons of settling on his Lands of which he had the Possession for some years past, before his Majesty's Pleasure was known, which he told them was expressly contrary to an agreement which was made by some of their own People last year with the Governor and Council of New York. And the Deponent further heard Colonel Reid …

That thereupon Colonel Reid did give peaceable possession to the Deponent and his other Tenants in the Presence of two Justices of the Peace for Charlotte County, and the Deponent had not the least suspicion in Consequence of the fair and open part which Colonel Reid acted, that he or Colonel Reid's other Tenants would have been disturbed in their Possessions. That Colonel …

That the Rioters then proceeded to destroy a new Grist Mill which Colonel Reid has lately built, and which the Deponent endeavored to dissuade them from, but the said Baker in particular insisted that it should be pulled down, and gave Orders Accordingly which were immediately obeyed, and after they had destroyed and tore down the Mill the Deponent saw them break the Mill …

That the Deponent being much incensed against them for their base Conduct and cruel usage of his Wife and helpless Children asked them by what authority or Law they committed such Violences to which Baker replied that they lived out of the Bounds of the Law, and holding up his Gun said that was his Law, That the Deponent told him with twenty Good Men he would have undertaken …

The Deponent further saith that during the Time the Rioters were imployed in the destruction of his House and the Mill, which was situated on the Crown Point Side of the River called Otter Creek, he heard them give Orders to six of their number with their Arms to go and stand Centry on a rising Ground towards Crown Point to prevent any surprize from the Troops in the Garrison …

That the Deponent heard one of the Rioters whose name he thinks was Warner acknowledge that he and a number of his Companions had on that occasion come a great Way from home, that they had been four Days on the Road ; and had travelled one hundred and twenty Miles. That the Deponent did remain about three weeks at Otter Creek after the Rioters dispersed, in hopes of hearing …

That in the Course of Conversation the said Irwin informed the Deponent that Colonel Reid had a narrow Escape, and he assured the Deponent that the said Baker with eight Men had lain in Wait for Colonel Reid a whole Day near the Mouth of Otter Creek with a determination to fire upon and 'murder him on his Way back to Crown Point, together with the Men in the Boat with him …

apout Midday, as he and three other Men of Cole Reid's settlers were at work in the Meadow at their Hay, they were surprized by about Twenty Men armed with Guns, swords and Pistols, who inguired of the Deponent and his Companions if they lived in the house some time before occupied by Joshua Hide, to which they replyed no, that the Men who belonged to that house were absent …

And accordingly in a most Riotous & Routous manner sett fire to the Deponents house and intirely Consum'd the same, the Deponent then took out his Memorandum Book and Desired to know their Ringleader (or Captain) name to which the Deponent was answered by the Capt» Who gave you authority to ask for my name he the Deponent reply'd that as he took him to be the Ringleader of the …

Next morning about seven o'clock the Twelfth August the Deponent went to Leonards House to see what further mischief the Mob were going to do, they were all drawn up Consulting about Destroying the Miln, those who were for Destroying the Miln were order'd to follow Capt Allen in the mean time Baker and his gang came to the opposite side of the Creek and fired their guns, they …

a NEW HAMPSHIRE GRANTS. 853 where his Thumb had been cut off we» he call'd his Commission : the Deponent Concludes with deposing in General that the Mobs Burnt & destroyed six houses, destroy'd the Miln and broke the Miln stones & destroy'd great part of their Wheat & Corn and' Hay in a Riotous & Mobbish manner and further saith not, : James Hrenprerson, Sworn before me the …

Aneus McBean settler under Cole Reid deposeth upon oath that between Seven & Eight o'clock in the forenoon of Thursday the 12th August last he met part of the New England Mob about Leonards house he sup- . poses to the number of sixty men or thereabout arm'd with Guns swords & Pistols, that one of them ask'd the Deponent if he was one of Cole Reid's new settlers, being …

854 CONTROVERSY RESPECTING THE then all went to tear down the Grist Miln and the Deponent is of oppinion that Remember Baker was among the first that Entered the Miln, & further saith not. ; Aneus McBean. Sworn before this 28t of September 1773 Lacuian Macxintosn, J. Peace. -- LIEUT. BENZEL TO GOV. TRYON. Sir The 25h Last, one John Beaders, come with complaints, before me …

To His Excellency Govern® William Tryon, &° 1 Avotruus Benzen, son of Archbishop Elric Benzel, of Upsal in Sweden, came to America in the fall of 1749; settled at Wilmington, Del: in the beginning of the following year where he married in the fore part of 1752. He obtained a Commission in the Br: service in Nov. 1755, and was appointed Lieutenant in the 2d Bat. Ist Reg. of …

His Excellency communicated to the Board a Letter from General Haldimand of the 11' Instant, acquainting his \Excel- Jency that since his Requisition that two hundred of the Kings Troops should be Stationed at Crown Point and Tieonderoga, he had inquired particularly into the State of the Buildings at those Places, and finds that they cant give cover in Winter to more than …

Sir The inclosed extract of my letter of this day's date to General Haldiband will inform you that the King does not think fit that His Majty's Troops should be drawn out in aid of the Civil power in the Colonies, unless in cases of absolute and unavoidable necessity ; and that your requisition in consequence of the advice of your Council is not under all the circumstances of …

That without the least Provocation on their Part, they are involved in the greatest Danger and Distress, from. the violence of a riotous set of men distinguished by the Name of the Bennington Mob, and who in defiance of the Dictates of Justice and Compassion, daily perpetuate the most flagrant Acts of Cruelty Outrage and oppression against all who submit to the Authority or …

Their Houses they sentenced to be burned or demolished and compelled them to renounce their Commissions and engage that they would no longer execute the Duties of their Stations. The Coroner of the County they also attempted to seize, and because refusing to submit to their Tribunal he made his Escape, they sentenced his House to be burned to the Ground, which was vigorously …

ed to beat the Plaintiff and to Demolish his House, unless he acquiesced, fined the Constable for executing the Process, and 858 -- CONTROVERSY RESPECTING THE compelled him to engage that he would never serve as an Officer of Justice under the authority of New York. That at the Time of their late Irruption into Durham, they openly avowed that in their next Visit they would …

That the Inhabitants of Durham and many others holding under this province, have at considerable expence purchased Titles under the New Hampshire Charters to the Lands they possess, in hopes thereby of enjoying in Peace the Fruits of their Labour, but find themselves totally disappointed, the Rioters insisting that they shall become of their Number, conform to their …

as your Petitioner in imploring the Assistance of Government has no other view than his own and the Security of the other Sufferers, against future Insults unconnected with any Contest respecting the Property of the Soil, he humbly conceives a very small Body of Men will effectually answer this purpose ; And the Facts asserted by your Petitioner being proved by his own and the …

Charlotte County ss: Brnzamin Spencer of the Township of Durham in Charlotte County Esq' one of his Majesty's Justices to keep the Peace in the said County assigned being duely sworn on the holy Evangelists deposeth and saith That in the night of Saturday the Twentieth Day of November last past he the deponent was alarmed with the Noise of People breaking into his House, and …

That in the mean Time several other Men armed with Guns had rushed into the Room and many others of them had their Guns put in and pointed thro' the windows whiist the Deponent was puting on his Cloathes. That the said Remember Baker and Ethan Allen with their associates then hurried away the deponent about two miles over a Hill to the House of Thomas Green in Kelso where they …

That they afterwards determined to hold their Court near the Deponents House that they might more conveniently destroy it, and with the deponent guarded by Armed men at each side they went to the deponents House That their force by that Time collected amounted to between one Hundred and Thirty and one hundred and fifty Men as the deponent believes all Armed with Guns. That …

that he had made application to the Government of New York to obtain a Grant or Title to his Lands and had induced Other persons to Join with him in such applications; and secondly that he had consented to and acted in pursuance ofa Commission of the Peace issued under the Great Seal & Government of New York contrary to their Orders and Rules; and thirdly that he the deponent …

That the said Ethan Allen and Remember Baker told the deponent that if he disliked their proceedings he might seek Redress in any Manner he saw fit; that he might take their Methods if he saw fit, or apply to Government if he tho't fit: That they damned the Government, said they valued not the Government nor even the Kingdom ; That force was force in whatever Hands, & that …

Township of Durham were setled under a Title or pretended Title derived under John Henry Lydius That the Inhabitants finding they had no title to their Estates applyed for his Majestys.Grant or Letters patent for the said Township under the Colony of New York which they favourably obtained about Two years ago. That the first setlers setled & began their Improvements near six …

That a Number of Men came out of the said House and ordered the deponent into the said House. That the Deponent believes that the Number of Men there assembled were upwards of Thirty. That many of the persons there assembled alledged that they had heavy crimes to alledge against the deponent and that Seth Warner and Remember Baker (who are Captains of the Mobb) appointed three …

That Seth Warner then accused the Deponent with having purchased Lands under Title derived by and under his Majesty's Grants under the Great Seal and Jurisdiction of this Colony of New York, and of Discouraging Settlers from setling in the said Colony or Province under Titles derived by the New Hampshire Grants. and farther accused the Deponent with having aecepted the …

That the deponent was then charged and directed by the Judgment of the said Judges, which wasin writing and read to him by the said Seth Warner, in their presence and by their order, to the following Effect "Not to encourage any Settlements by persons settling under the Titles derived under the Government of New York but to discourage such settlements ; not to discourage any …

That when he the Deponent arrived at his own house he found that the same Mobb or Company had been to his House in his absence and taken of the Roof of his House, and that he the deponent was informed and verily believes that only the Interposition of some of his Friends prevented them. from burning the Roof of the House after it was taken off ; That they destroyed several …

And the deponent further saith that he verily believes that if he should act in his office of a Justice of the peace in the said county of Charlotte that his Effects and property would be destroyed by the said Mobb or some of them as far as would be in their power ; and that his Life would be in danger and farther the Deponent saith not. Jacos Marsu. Sworn this sixth day of …

That in the night of Saturday the Twentieth day of November last past the Deponent was informed that a Company of Men distinguished by the Name of the Mob were come into Durham and had seized Benjamin Spencer, Esquire one of his Majesty's Justices of the peace in the said County and had him under Guard as a prisoner, That the Deponent with Two Neighbors came to Durham, arm'd …

when every man should be Judged according to his works, with much other Language of that kind; and told the deponent that the people of Durham frequently had warning enough; That if they ever had come to Durham again they would Lay all Durham in Ashes and leave every person in it a Corpse. That finally both the said Alleh & Baker assigned as the reasons of their conduct that …

That as the Deponent with three other persons were approaching to the Mobb he was met by the said Baker and by Peleg Sunderland and Asa Johnson, and the said Baker beat one of the persons who came with the Deponent several Blows with a pole and insisted that the Deponent should call together all the people of Durham to their Judgment seat-- That on some Conversation with Seth …

That Ethan Allen then charged and accused the said' Benjamin Spencer Esquire with the following matters in Effect, to wit, with cudling with the Land Jobbers of New York to prevent the claimants of the New Hampshire Rights from holding the Lands they claimed ; and with issuing a Warrant as a Justice of the peace contrary to their Orders ; and Remember Baker charged him with …

That on Tuesday the twenty-third day of November aforesaid the deponent saw the dwelling House of Simpson Jenny of the said Township of Durham on fire and entirely consumed ; and that a number of Men armed with Guns were at the said House whilst it was burning: And that he the deponent has been credibly informed that the said Mobb has threatened to burn the Houses of Sundry …

That they broke or split down the outward door of the said House and also the door of the Room where the Deponent was in Bed. That the door of the Room they broke open and into Pieces with an Ax. That about Seven of the said armed Mobb came into the Room where the Deponent lay, and with many curses insisted on knowing where her said Husband was, and swore they would find him …

Thaton the next Monday the deponent saw Ebenezer Allen, George Patterson & three or four other persons who had been with them in the Saturday night before at breaking into the said House. That the said Ebenezer Allen acknowledged to her that it was himself who NEW HAMPSHIRE GRANTS. 869: had on the Saturday night preceeding threatned to burn her husbands House and that it was …

That the said Committee taking into consideration the Petition of Benjamin Hough, in behalf of himself and many of his. _ Majesty's Subjects inhabiting the County of Charlotte, and the' North Eastern District of the County of Albany, complaining of* many Acts of Outrage Cruelty and Oppression, committed against: their Persons and properties by the Bennington Mob, \and the' …

there perpetrated by a Number of Lawless Persons calling themselves the Bennington Mob; who have seized insulted, and terrified several of the Magistrates and other Civil Officers so that they dare not execute their respective Functions, rescued Prisoners for Debt; assumed to themselves Military Commands, and Judicial Powers; burned and demolished'the Houses and property and …

are exposed from the violence of the Rioters to imminent danger both in their persons and properties, and that they stand in need of immediate protection and succour. : 4th Resolved, That it appears to this Committee, that Ethan Allen, Seth Warner, Remember Barker, Robert Cockran, Peleg Sunderland, Sylvanus Brown, James Brackenridge, and John Smith, are principal Ringleaders …

Which Report he read in his Place, and afterwards delivered it in at the Table where the said Resolutions were severally read a second Time. : 'y Resolved, That this House doth agree with the Committee in the said Resolutions. NEW HAMPSHIRE GRANTS. 871 Ordered That a Bill be brought in pursuant to the last Resolution, and that M' Brush and Colonel Ten Broeck prepare and bring …

Whereas many acts of outrage cruelty an oppression have been committed agamst the Persons and properties of divers of his Majesty's subjects inhabiting the County of charlotte and the Northeastern District of the County of Albany, by certain Persons distinguished and known by the Name of the Bennington Mob ; and upon complaint thereof made to the General Assembly of this …

And thereupon the said General Assembly have presented an Address to me to issue a proclamation offering a Reward of one hundred Pounds for apprehending each of them the said Ethan Allen and Remember Baker, and thesum of Fifty Pounds for apprehending and securing any or either of the other persons above named in his Majesty's Goal in Albany ; and commanding the Magistrates and …

And 1 do hereby: in his Majesty's Name promise the several Rewards aforesaid that: is to say the sum of one hundred pounds for apprehending each of them the said Ethan Allen and Remember Baker, and thesum of fifty pounds for apprehending each and every of them: the said Seth Warner, Robert Cochran, Peleg Sunderland, Silvanus Brown, James Brakinridge and John Smith to. be paid …

City of New York ss : Amos Cuamprrtatn late of the Township of Norwich in the County of Gloucester being duly sworn on: the holy Evangelists of Almighty God, dgposeth and Saith, that: he the Deponent' formerly purchased a Number of Rights or Shares of land under a Charter of New Hampshire, which Land. is Situated upon Otter Creek in the County of Charlotte. That the Deponent …

That the Deponent accordingly set out for Durham & the same Evening being about the Sixth of May last, three men (to witt) Joseph Waite, one Lymen, & Joshua Wiggins came to the house of one Asa Johnson in which he lodged in Socialborough aforesaid in the Night Time, & took him Prisoner, and charged him with coming off in Debt to the said Stevens. That the Deponent told them …

That when he was arrived there they held a Court (as they termedit) over the Deponent, & appointed Peleg Sunderland, thesaid Roger Stevens junt & the said Lymen to be judgesin tne Deponents Cause. Thatthesaid pretended Judges firstgave their Judgment thatthe Deponent should be whipped & should pay the said nine shillings and twenty four shillings for the expenses. That the …

And further the Deponent saith that the day before the above Transaction happened one Thomas Rowly a Constable of Danby in the said County came to the house of the said Steven's having three Summonses, issued for Civil Debts by Benjamin Hough one of the Justices of the Peace of the said County. That a Mob to the Number of Seven, of which the said Sunderland, Stevens, & Lymen …

In Council. . The Petition and complaint of Benjamin Hough one of his Majestys Justices of the Peace for the County of Charlotte, in behalf of himself, other Officers of Justice, and many of the Inhabitants of the said County ; and particularly of the Townsbip of Durham and Soscialborough. Most Humbly Sheweth That your Petitioners, to their inexpressible Grief, find ¢hemselves …

In consequence of this outrageous resolution two of the Magistrates have been insulted with every abuse, attacked in their Persons and properties, and hunted after and pursued with open menaces that they should be taken and secured either Dead or alive: while some of the chief of the Rioters have barbarously directed their abettors to put them to death privately !_ In …

ment, the Rioters seem arrived at the last stage of a deliberate opposition to Government and the Laws: for your Petitioners are well informed that they have lately erected two Fortresses in the County of Charlotte, one on Onion River, and the other on Otter Creek, an act of Hostility, which while it encourages them in their Confidence and presumption, gives additional Terror …

Faithful and inoffensive subjects, struggling under unparralleled oppressions, and withont the means of Law, Justice, Defence or Security, may be permitted to hope their Earnest importunity will incite the Compassion and the Care of Government; especially when it is the misfortune of your Petitioners to be persuaded that if these reasonable Expectations should unhappily become …

The deponent Further Saith the Said Hoof Answered him and asked the Said Howlet what Business he had with him, the Said Howlit answered he wanted a Warrant, the Said Hoof asked him where he lived, and the Said Howlit Said he lived at home; and then the Said Howlit begun with very Rough Discourse, Saying that he had not Come to Quarrel, but that he had come as a forerunner, to …

out of his hands but did not hurt nor abuse the Said Howlit no otherways than throwing the Howlet down on the Ground and holding him there untill he Could Find means to get out of his way as there was a Number of People at Neighbours house that I Suspected Would Come to His the Said Howlit's Assistance and Further Saith not. DanieEL WALKER J". August ye 2d A D 1774. Sworn to ' …

Jacos Marsu Esq' of Socialborough in the County of Charlotte Deposeth and Saith--That on the First day of August Instant as I was Traveling the Road in Socialborough I saw a Number of Men Travelling around with Guns, Pretending they were Going a Hunting, but Soon afterwards I fell in Company with John Smith the second ; who Informed me in our Conversation that he was no Mobb …

that on the 2 Day of August instane at night that he loged at the Dwelling House of Squir Spenser and some time in the Still time of the night he heard a noys of people Round about the House but saw no person but early in the morning he see Spencer's Cart turned over and a Slay on the top of it and a gallos arected on a Stomp hung up with achane and Several Sticks whipt or …

That about ten months last past many cruel acts of Outrage & Oppression being committed by the said New Hampshire Claimants, against the persons & properties of such of the Inhabitants as professed a Respect for the Laws & Government, & would not countenance or join in the rash proceedings of the said Rioters ; and these peaceable Inhabitants being in very great Danger both …

That as soon ,as, this Measure was effected the Deponent returned to his place of Residence and as a Magistrate of the said County dispersed & published the said proclamation & act of Legislature & inculcated & recommended to the said Riotous persons a more peaceable & orderly Demeanor, and as no steps were taken with regard to the Lands possessed by the said New Hampshire …

* Gentlemen the following is proposed whether it be to your minds that any 'person or persons in the New Hampshire Grant under the present situation of ' affairs that have or shall presume to take commission or commissions of the 'peace shall by the Grantees in general be deemed an Enemy to their Country '"& Common cause untill his Majesties pleasure in the premesis be further …

of Night, & attempts made to break open his door, and the Deponent further saith that on or about 27th Day of July last past ''one Jobn Smith & Enos Ross of Socialborough aforesaid being armed with Clubs, made an assault upon the Deponent & endeavored to make him their prisoner, declaring that if he resisted, they would kill him, that the Deponent being unarmed called to his …

That all the Reason which they assigned for this violent attack upon the Deponent, was that he had complained of the » Rioters to Government, & applied for the protection of himself: & the rest of the injured inhabitants, and had issued process against some of the Mob Tho this Deponent declares that he never issued any process but for a civil Debt, (except one upon. a Law of …

That the said Halet then assaulted and pushed this deponent in a very rough manner, so that he was obliged to exert himself in order to escape out of his Hands by throwing the said Halet on the Ground, and securing him untill he could find means to get out of his way, and the Deponent further saith that he is credibly informed & verily believes that the said Rioters have …

884 CONTROVERSY RESPECTING THE his hired Servant who assisted him therein, from the Threats of the said Rioters, has been intimidated & left his service, That this Deponent conceives his own Life is so much in Danger from the-open attacks & threats of the said Rioters, that he cannot think of returning to his Habitation, without some assistance from the Government, as he …

Jacob Marsh Esq' Amos: Chamberlain, Jeremiah Gardenier, Daniel Walker, Philip Nicolls, Thomas Brayton, and Daniel Washburn all of the same County, were laid before the Board, whereby it appears that the Riotous proceedings of some of the Settlers in the said County of Charlotte do not only continue but have so far increased that they have Erected two Fortresses in the said …

Sir I.am to acknowledge the Receipt of your Letter of the 7th September, with a minute of the Council held at New York the 1st Instant, and a Copy of a Petiticn and Complaint of Benjamin Hough Esq', in behalf of. himself, and other Officers of Justice, and Inhabitants of the County of Charlotte, therein inclosed. It wou'd have been very agreeable to me to have complied with …

Parties concerned were to be heard before the Board of Trade, and a Report made to his Majesty thereupon, when it's probable a final Decision will be made upon this sub- 886 CONTROVERSY RESPECTING THE ject and it is then to be expected, that effectual measures will be adopted, and necessary Directions given to restore order, and enforce a due obedience to the Laws in that …

Fugitives from all the neighboring Governments resort thither, so that they are now become a numerous and dangerous Body of Banditti, which is every Day encreasing. The Council advised me to apply to General Gage for Military Assistance to preserve the Peace only : His answer is that, General Haldimand, had, on a similar Requisition declined giving any Military Assistance, and …

The Pattentees under NewYork, those who hold by Military Grants, as well as others who have Pattents in the common Way, think their title is indubitably good. The Governors of this Colony have had full authority to grant the lands quite to the West Bank of Connecticut River, ever since the Duke of York received his grant of the Colony. <A dread of the French and Indians from …

A full information, has been at different Times, transmitted to your Lordship and your Predecessors in office, of the very unjustifiable manner in which those grants were made, in defiance of the earliest notice from this Government that Connecticut River was our Boundary. Your Lordship is possessed of such ample Information on this subject, that I will not presume to trouble …

Most Humbly Sheweth That your petitioners for want of a Representation In General Assembly Labour under a Veriety of Inconveniences Which they think it Needless to Numerate to your Honour and the Honourable Board They therefore most Earnestly pray That -your Honourable Board will be pleased to order Writ to be Issued to the Sheriff of said County to cause two persons to be …

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