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

duals to a confirmation from the Crown of the Lands they actually possess, rendering to His Majesty the usual Quit Rent reserved in this Province, but cannot be offered as conclusive on the part of the Crown in respect to its Interests arising either from its Revenue of Quit Rents, which by computation at 2|6 p 100 acres would amount to near £1200 sterling p annum, or from …

Hudson's River being navigable by Vessels of considerable Burthen to Albany, the Trade of that part of the Country will probably center there, to which place the Transportation or Carriage will be much Easier than to the Ports of New Hampshire, and where the Inhabitants are likely to meet with a better market for their Produce. The Revenue to the Crown, if the lands are …

As the settling the limits of Jurisdiction of the gov's of New York and New Hampshire absolutely depends on his Majesty's Pleasure, should his Majesty, on any Consideration extend the limits of New Hampshire Westward of Connecticut River, I humbly presume to hope the Right of Property and the Right of Jurisdiction will be saved to this Province in Respect to all Lands before …

The whole proceedings of the Governt of New Hampshire, in this'case, if what is told me be true, are shameful and a discredit to the King's authority, under which they act. Tho' it be not in my power to beauthentically informed, it is in your Lordsrps for it is evident from the low price shares are sold at, it is not for the benefit of persons who design to settle and improve …

I endeavour to distribute His Majesty's Bounty in the manner most agreable to the officers, and so that the grants may pass with the greatest dispatch and least expence, as will appear by the minute of Council which I inclose. Since that time in a few days, near one hundred Commissioned and noncommissioned officers and privates have applied for Grants of Land, so that from …

The only thing which can make any person prefer the grants of New Hampshire to those of this Governt is the difference of quit rent ; for as the Commerce of that Country must be carried on by Hudson's River, it must be more convenient for the Inhabitants to be under the jurisdiction of New York. The quit rent of New Hampshire, I am told, is at the rate of one shilling sterling …

The Officers and Men of the Provincials, all live in this Country, have their friends and Relations to assist them, and as the Colony Troops were levied annually, and received annual bounty, different Officers and Men were employed in different years ; their numbers will be very great, and the trouble to the Civil Officers of this Governt become very heavy ; for the charter …

Wuerras His Honor Cadwallader Colden Esqt Lieutenant Governor and commander in chief of His Majestys Province of New York hath lately issued a Proclamation of a very extraordinary nature, Seting forth that King Charles the Second, on the 12th day of March 1663|4 and the 29th June 1674, did by his several Letters patent of those dates, grant in fee to his Brother the Duke of …

When New York Government extends her Eastern Boundary, to the Banks of Connecticut River between New York and the Colony of Connecticut, & to the Banks of said River, between New York & the province of the Massachusets Bay, it wou'd have been full early for New York to declare that the Government of New Hampshire was fully apprized of the Right of New York under the before …

The said proclamation, carrying an air of Government in if, may possibly affect & retard the Settlement of His Majesty's Lands granted by this Government, for preventing an Injury to the Crown of this kind, and to remove all doubts that may arise to persons holding the Kings Grants, they may be assured that the patent to the Duke of York is Obsolete, and cannot convey any …

And I do hereby require and command all Civil Officers within this province, of what Quality soever, as well those that are not, as those that are Inhabitants on the said Lands to continue & be diligent in exercising Jurisdiction in their respective Offices, as far Westward as Grants of Land have been made by this Government, and to deal with any person, or persons, that may …

The numerous Grants of Townships by New Hampshire on the West side of Connecticut River, in so short a time as since the last Peace, cannot be with any view, in the persons who have recd those grants, to settle and improve those lands, but with a sinistrous view in a few persons to put large sums of money in their pockets, by jobbing and selling of Rights thro' all the …

I ain perswaded that upon your Lordpps mature consideration of this matter, it will evidently appear on the principles of Justice, policy and public utility, that the Jurisdiction of New York ought to extend to Connecticut River, as the Duke of York's Patent does. The Commerce of the whole Country on the West side of Connecticut River is by Hudson's River, and the produce of …

People of all sorts who intrude on His Majtys Rights in America are very assiduous in prosecuting every measure that serves for their purpose, the case of the King's rights in this Provee is left to [the] Govt alone without a single farthing to defray any expence that may become necessary for that purpose ; for this reason the Gov" has no method but by applying to your Lordpps …

These things I flatter myself will excuse these repeated solicitations on this subject from » My Lords, ete. CADWALLADER CoLDEN. ORDER IN COUNCIL FIXING THE BOUNDARY BETWEEN NEW YORK AND NEW HAMPSHIRE. ( L.S. ) At the Court at St James the 20th Day of July 1764. PRESENT. The Kings most Excellent Majesty. Lord Steward Ear] of Hilsborough Earl of Sandwich Mr' Vice Chamberlain …

His Majesty taking the same into consideration was pleased with the advice of his privy Council to approve of what is therein proposed, and doth accordingly hereby Order and Declare the Western Banks of the River Connecticut, from where it enters the Province of the Massachusets Bay, as far North as the forty fifth Degree of Northern Latitude, to be the Boundary Line between …

Last Fryday morning an Express arrived from Hoseck, acquainting that the New Hampshire people had turned Hans Jurry Creiger, an Inhabitant under the Proprietors of Hoseck Patent, out of Possession of his Lands and Tenements; drove off his Cattle and took off with them a Parcel of Indian Corn, and for the Redemption of his Cattle compelled him to pay forty five Dollars; And the …

And inorder the more effectually to enable me so to do, I thought it proper to take with me two of the Justices and a few other good People of this Province, and I arrived with them at Hoseck at the Houses of the said Peter & Bastiane on Saturday Morning. where I was told the New Hampshire People would not come untill the Monday following. Accordingly that day very early in …

The two last, pretended owners of the Lands of the said Peter & Bastiane. All whom I brought down to the Jail in Albany; where I shall Safely keep them untill Bail be given for their appearance & good Behaviour; or untill your Honours further Pleasure shall be known respecting them. Iam, May it please your Honour Your Honours most Obet & most Hble Servant Har: Scuvyter …

His Honour communicated a Letter to him of the 17» ultimo from Governor Wentworth (of New Hampshire) representing that several of the Inhabitants of the Town of Pownall, at a Time when the Deputy Sheriff was executing a legal Precept, were set upon by the Sheriff Albany, and more than thirty armed men on Horseback, and that the Deputy Sheriff with three other Principal …

The Council advised his Honor to acquaint Governor Wentworth with the circumstances of this Affair as reported to him by Letter from the Sheriff of Albany ;'and that as the Parties were committed for an offence within the undoubted Jurisdiction of this Province, for which they are to answer in a legal course of Justice, he can do nothing further therein, than to recommend that …

that the dispossessing of such Persons might be ruinous to themselves and their Families, is of Opinion, and it is accordingly ordered by his Honour the Lieutenant-Governor, with the Advice of the Council, that the Surveyor General do not, until further Order make Return on any Warrant of Survey, already, or which may hereafter come to his Hands, of any Lands so actually …

some of us that it is necessary for the better administration of Justice as for the Convenience and encouragement of the Settlers that the Northern part of this province should be Divided into Several Counties your Petitioners therefore Humbly beg leave to propose five Counties, To wit, Two Counties on Connecticut River, and three Counties on the West side of the Hight of the …

The fourth County running thence Northerly along the said line so far as that a Due West line from thence will strick the waters of the North end of Lake George and to continue as far Westerly as your Honour shall think proper And for the fifth County from thence running North to Latitude forty five, from thence Easterly along said line of latitude untill it stricks the …

And That the fifth County may be calfed Pitt and that the County Town thereof be situate on Hospital Point on the East side of Lake Champlain near Crown point. 580 CONTROVERSY RESPECTING THE Your Petitioners therefore in behalf of themselves and their, associates Humbly pray your Honour will be favourably pleased to take the above proposal into your wise consideration and that …

The Subscribers your Honors' Petitioners Humbly shew That whereas there has been a Petition preferd to your Honors desiring that the Northern part of the Province of New York may be set off and divided into five separate Counties, and as it has been represented to your Petitioners that your Honors Judge that it is unnecessary that there should be so many Counties at Present in …

Your Petitioners Humbly pray that if it be agreeable to your Honors that there may be a County Erected within that part of the Province of New York aforesaid which lies adjoining to Connecticut River and to Extend as far West from said River. til it comes to the Height of Land about twenty six miles West of said River and to Extend as far North as ye 45th degree of North …

Read and referred to the same Comme. to whom the former Petition on the same Subject is referred. PETITION ON THE SAME SUBJECT. To The Honourable Cadwallader Colden Esq? Lieutenant Goyernour and Commander in Chieff, in and over His Majestys, Province of New York & And to the Hone His Majesty's Council] now Convened. May it please your Henours, , We the Subscribers for our …

It is Now near Six months since to our knowledge, we became inhabitants of this Province, and have been ever since without Law, Notwithstanding we have made application to be protected, but as yet are not answered, Should we be annexed to the County of Albany, as proposed by some, we shall still lye under such a Disadvantage that Justice Cannot be had, and to appoint Justices …

We would further Suggest to your Honours, that unless there be a County made as prayed for, instead of good wholesome Inhabitants comeing and Settling amongst us, the Land will be filled with Nothing, but Villins and Murderers, as being an out Law'd place, and the present Good Inhabitants must be obliged to forsake their Habitations & Improvements, we can assure your Honour …

In obedience to your Honours orders in Council referring to this Committee, three several Petitions, exhibited by Thomas Chandler and others, in behalf of themselves and their associates, Inhabitants of the Northeastern part of this Province, praying that for the better administration of Justice, and the greater Convenience and Encouragement of the Setlers there, One or more …

ment of proper and fit persons as Justices for the Conservation of the Peace: the Mode of Justice to which they have been accustomed, having had no other Jurisdiction among them since their first Settlement and being always obliged to travel to Portsmouth; where all the Courts of Justice in the Province of New Hampshire are held, a distance far more Considerable, than to the …

eee Se To His Excellency Sir Henry Moore Baronet Capt General Governor and Commander in Chief in and Over the Province of New York and Territories Depending thereon in America. Tn Council According to your Excellency and Honours orders of yesterday to give an accot of the Names of the severall persons Living on the Severall Townships of Land we Represent and according to what …

Safford, Samuel Montague, John Burnum, John "Burnum Jun", Stephen Storey, John Wood, Oliver Scott, Labens Armstrong, Barnebas Harmon, Jonathan Eastman, Thomas Henderson, Thomas Smith Eben: Harwood, Peter Harwood, Thos' Storey, Timothy Prat:. Jacob Hide, Sam! Tubbs, Benajah Rood, John Smith Junt, Henr Walbridge, Samuel Attwood, Johnson Cleaveland, Sam!! Pratt, Joseph Weakwize …

Jehiel Hawley, Ebenezer Wallis, Isaac, Wallis, Ebenezer Wallis Junt Wallis, David Williams, John Sear], Sam! Adams, Zacheus Malary, Gideon Sear], Pindle, Hail, Moses Peck, John Pray, Ames, W™ Searl, Remembrance Baker, Doct" Burton, and many more persons whose Names we cannot Recollect, 586 CONTROVERSY RESPECTING THE In Sunderland, Lievt Gideon Worrin, Isaac Hill, Gideon …

May it please your Excellency According to your Directions on Saturday Last, I have with the assistance of Mr Stone, Computed the Number of Men fit to bear armes in the Limits of A Proposed Regiment, to be under my Command, and find the same to be about six Hundred, that we account for. And in the Limits of the Proposa Regiment for Cole Bayley, about Three hundred. from your …

De Lancey. he 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 Seal of the Province of New Hampshire, but were then: actually, and do now by his Majesty's Order in Council of the 20 day of July 1764 appear to be within the Limits of this Province: It is ordered by …

588° CONTROVERSY RESPECTING THE A Nomination of the Crviz Avuruority for the County of Cumberland in the Province of New York. Surrogate Thomas Chandler studges of the Pleas. & Justices Joseph Lord _ of the Quorum in ye Commis- Samuel Wells ( sion of y® Peace Nathan Stone Oliver Willard )assisan Justices in the Commis- John Arms sion of the Pleas and Justices James Rogers of …

The Couneil having under their Consideration the Petitions of sundry Persons for certain Tracts of Land on the West side of Connecticut River, which have heretofore been granted in Townships by the Government of New Iampshire under the Great Seal of that Province ; and conceiving it' improper to proceed on 'such Petitions until one or more of the principal Proprietors in each …

Two Petitions having been most humbly presented to the King in council, One by the uncorporated Society for the propagation of the Gospel, and the other by Samuel Robinson of Bennington, in behalf of himself, and more than one theusand other grantees of Lands on the West side of Connecticut River, under certain Grants issued by Benning Wentworth Esq't® Governour of New …

Ini my letter of the 11" Dect I was very Explicit upon the point of former Grants you are therein directed to "take care " that the Inhabitants lying Westward of the Line, reported by "the Lords of Trade as the Boundary of the Two Provinces be "not molested on account of Territorial differences, or disputed " jurisdiction for whatever Province the Setlers may be found to " …

The unreasonableness of obliging a very large Tract of Country to pay a Second Time the immense sum of thirty three thousand pounds in Fees according to the allegations of this Petition for no other reason than its being found necessary to settle the Line of Boundary between the Colonies in question is So unjustifiable thdt his Majesty is not only determined to have the …

As Iam persuaded that when the truth is laid open it will fully appear that I have neither perverted the Power lodged in my hands, nor acted in any manner derogatory to my station, and that so far from deserving the least imputation of oppression, I have made disinterestedness the characteristic of my administration as I thought it Incumbent on me to support in every shape the …

On Wednesday the 22¢ day of May 1765 the Council having taken into their consideration the case of the persons who are actually settled under the Grants of New Hampshire, and being of opinion that the dispossessing them of their Lands, would be ruinous to them and their Families gave it as their opinion to the Lieut Gov" that the Surveyor general be directed not to make any …

On my arrival here which was on the 12 day of November 1765, I found the Province in so much Disorder occasion'd by the frequent Riots which prevail'd at that Time, that no business of any kind was transacted, all the offices were shutt up and of course no application for Lands made, for I was determined not to issue any papers except such as were stamped and the people here …

No sooner was the Stamp act repealed and the offices opened again, but Petitions were preferred by many of the Inhabitants here for grants of Lands on the Connecticut River, but as I apprehended it would be highly improper to issue any till the Rights of those persons were ascertained who set up claims under New Hampshire Charters, an order was published by the advice of the …

This had the desired effect, 'and altho' it was not strictly complyed with as to the Time limited, no advantage was taken of such Delay, and in a few months, Petitions Memorials &«« were lodged by Persons sent up from thence setting up claims to ninety six Townships; of this Number no less than twenty one were deemed to be in this Government before his Matys order in Council …

Proceedings have been had on 24 of the remaining number so far as Warrants of survey in pursuance of the orders in Council for that purpose, but although by His Majestys Instructions the Warrants of survey are directed to be returned within six months after they are issued some of these have been issued above Eighteen months and no return yet made. Four Townships have gone …

J have taken as much pains as I possibly could to come at the true State of those Townships, but cannot discover by any means, I have as yet made use of, that any Settlements have ever been made in the country supposed to be covered by these last mentioned claims but that the Land still remains in the same desert and uncultivated state in which it was at the first granting of …

As soon ag the Riots and disturbances here had subsided, and the common business of the Province had returned into the usual Channell, I took the first Opportunity of enquiring into the state of that Part of the Province which lay on the Connecticut River and having got together some of the principal Claimants of the Lands, I desired to be informed of the Progress already made …

NEW HAMPSHIRE' GRANTS. 595 they themselves for these reasons alone declined it. I afterwards issued out Commissions for forming a Militia in those parts, and in some months afterwards a return was made to me of the Regiment formed there, which amounted to upwards of 600 men. I could not help expressing much satisfaction at seeing so large a Return, and expected to find that …

The same steps could not be taken for the service of that part of the Country to the North of the County of Cumberland, for although the District was large enough to form a County of the same extent, very few Improvements had been made in any of the Hownshipe except in that of Newberry, the Inhabitants of which were desirous of having another County formed as they imagined it …

distance from the North Line of the County of Cumberland, and on a spot neither granted by New Hampshire nor claimed by any persons whatsoever. I then made public my Intentions of giving the Land in certain proportions to the Families inclined to settle thereon, and that no rents or profits should be reserved for myself, but that the whole of them should remain with the …

But as the giving of Lands alone to these people was not sufficient without other assistance I have at their request ordered a Saw Mill and Grist mill to be built for their use, and as their is no building in that part of the Country yet appropriate for divine Worship, I have directed a Church to be built at my sole expence in the Centre of the Township, and shall set apart a …

This was our Situation when J had the honor of receiving your Lordships Letter signifying His Majesty's Commands that no more Grants should be made in that part of the Province, till His Pleasure should be made known, and although I apprehend that the Lands claimed under the New Hampshire charters were the only Lands intended to be included in this injunction, yet as I would …

No advantage could possibly arise to me but by keeping the Lands in my own hands the profits of whicheven in this case would be distant and precarious, The Expence immediate & certain ; By granting them in the manner already mentioned I flatter myself that I shall have the satisfaction of setting on foot manufactures highly beneficial both to this Province and Great Britain …

A few days before the Petitionrs left this Place I had some imperfect information of their Intention & endeavoured to get a sight of the Petition and the Names subscribed to it but could not succeed:in either as it was kept so very secret I thought it my duty togive what information I could of some Persons concerned in it to. the Lords Commrs for Trade and Plantations and …

Colden desiring him to give me the best Informations he could on those Heads, I have herewith transmitted his letter, together with the Copy of the Proclamation he issued, and likewise the Extract of a Letter James Duane Hsqr¢ a Barrister at Law here, and a man of so good a Character that his Testimony carries the greatest weight With it, who being acquainted with some of the …

I never had any other application from him of any kind but as an humble Suitor to desire I would assist him in the distress which he had brought on himself by settling on the Lands which were ordered to be granted some. time before under this Govern™t to other People; when his pretensions were examined before the Council I was his Advocate there, altho' he did not stand much …

For this they appeared very thankful and when I thought they were retiring, Cole requested that the Council would add one good Deed to another and let them have these Lands without paying any Fees of office I took upon me to assure them both in the presence of the Board, that their request should be granted and their Patents made out to them without paying any Fees; This …

I have signed but six Patent since I came into the Province for which I have received Fees and five are now preparing on which I have the same Rights, but have promised to give them up for the reasons I have just mentioned; I do not speak of this from ostentation, for I think that no Parade should be made of acts of this kind, as the satisfaction they give is a sufficient …

The assertion in the ninth Paragraph, that there are now upwards of one Thousand Families settled on the West side of Connecticut River in consequence of the said Grants is as great.an untruth as any set forth in the whole Petition; There is not the half of that number there, nor do I really believe the quarter part ; I have already shewed in what manner the settlements there …

matter of doubt as to. great numbers of them, whether they ever had any intentions of residing there or not ; Two persons agents for some others who came to Town yesterday to solicit a Grant of two Townships under the New Hampshire charters, (whose claims have been laid above a Twelve month but were never proceeded on) have confirmed what I now write in regard to the number of …

I can give no opinion or account of their being engaged in the actual service of His Majesty in the late War, which they sett forth being a stranger to it, but Robinson can plead but little merit, from his service, which J am told here was nothing more than that of driving an Ox cart for the Suttlers, and I think it must be obvious to every one that very few Levies could be …

How far any credit is to be given to this assertion will be left to your Lordship to determine after itis made to appear how much has been the real original expence of these Charters, for as to the Improvement of the Lands as the greatest part of those now Petition4 for are still uncultivated, certainly no claims can be made for money laid out on them. From the best …

been from Twenty to forty Pounds New York Currency for each Township so that at an average, Thirty Pounds (about 17! sterling) may be deemed the real expence of a Township which was to include a Tract of Ground six Miles square, but very often took in a great deal more; it is very obvious that on this Plan,-the Expences of a Township being divided among sixty or seventy …

Mr Wentworths Fees were secured to him by his reserving for himself a Farm of Five hundred acres in each Township, and the spot where it was to be taken up was in all the charters marked with the Initial Lres of his name. Besides this, other Reservations were made of particular Lots under the Names of some members of the Council and public officers, which in some of the …

This Request was occasioned by the apprehensions they were under at that time, that these Shares would still be reserved, and appropriated to the use of the Governor and Council here, but we soon relieved them from any uneasiness on that head by declaring all those shares on which no Improvements had been made to be revested in the Crown and the greatest part of them have …

I can make no doubt but at present it sufficiently appears that there was as little Foundation for asserting so barefaced a Falsehood as that of having pay4 so large a sum for their Charters as there was for saying that I had made any demands on them. If there had been real claimants of the ninety six Townships and they had joined together in this Petition, the whole of their …

The merits of 28 have been already-examined before the Council and am assured are not concerned in this Petition, four of which have passed the Great Seal, three more are ready but were stopped on this occasion and the rest are surveying and laying out as fast as the Surveyor Gen! can find proper men to execute his orders so that it should seem as if the only persons who had …

The Complaint in the 10 Paragraph of the distance from the Capital has been already Answered by what has been related of the new County of Cumberland, which was erected on purpose to serve that part of the Country, but even in such a trifling circumstance as this they have not confined themselves to Truth, for it will appear on inspecting the Map, that they have exaggerated …

As for my Part I have been taught to treat with so much. respect, those whom His Majesty is pleased to honor with his Confidence, that Tam persuaded they will do that which is best for his Service and the good of his People, without standing in need of such able Councellors as either M*. Robinson or myself. I have: the honor to be with the greatest respect My Lord Your …

That a man of so notorious a Character as Robinson should deviate from Truth in any representation of Facts, is no kind of Surprize to those who know him here, but that so respectable a Society as that for propagating the Gospel should present a Petition supposed to be grounded on Facts which are not true in themselves has astonished every one here who has been informed of it …

How far the settlements have been carried on has been already shewed, and I shall leave it to your Ldp. to judge of their intentions in regard to the remainder when I take upon me to assert that notwithstanding the appropriation of these Shares for public uses and Expressly so described in the Body of the Charters, The Petitioners had so little design to serve any body but …

I have already had the honor of acquainting your Lordship that there have been proceedings only on 28 of these Townships ; In 24 of them the Rights of the Society and all the grants in the first Charters for public uses have been expressly reserved for the uses therein mentioned. No failure has been made but in the four first Grants which passed the Council, and as I am …

The only way this assertion can be answ? is by. denying it flatly, and I am extremely sorry to be under the necessity of declaring to your Lordship that there is not a word of truth in it; When the first Petitioners for these public Shares could not obtain them for their own uses, as I have already mentioned they desired that the Society might be Charged with a Share of the …

I am sorry to say that our suspicions of these names on the back of the Charters were but too well founded and it has since appeared that some of the Charters which have made their appearance in great Form and under: the claims of sixty or seventy proprietors have been found in reality to belong to no more than six or seven Persons, which will be a great Detriment to the …

I have enquired of D* Auchmuty the Rector of Trinity Church here (who is I am informed the principal correspondent of the Society in this Province) from whence this extraordinary information could be sent, but he tells me that he is entirely ignorant of it, and as I have the greatest reason to imagine that the Society have not founded their petition on better authority than …

I have the honor to be with the greatest respect, My Lord, Your Lordships most most obedient and humble servant, Rt Hon>le Earl of Shelburne H. Moore. *,* In Counc. Min. xxv. There is an entry substantially of the same purport as the above, dated 10 June 1767; & in vol. xxix , 250 will be found a Royal order dated 26 June 1767, disallowing an act passed by the New York …

" Your Majesty having been pleased to refer unto this Com- "mittee the humble Petition of the Incorporated Society for "the Propagation of the Gospel in Foreign Parts, Setting "forth among other things, that Benning Wentworth Esquire "¢ Governor of New Hampshire in New England, made several "Grants of Large Tracts of Land lying on the West side of " Connecticut River, which …

* Samuel Robinson of Bennington in North America on behalf of "himself and more than one thousand other Grantees of Lands "on the West side of Connecticut River, under Certain Grants "issued by the said Governor of New Hampshire Setting forth " amongst other things, that the said Governor made Grants to 'the Petitioners of several Tracts of Land lying as aforesaid on '" the …

The Lords of the Committee in obedience to "your Majesty's said Order of Reference, have taken the said "Petitions into their Consideration, together with' a Report "made by the Lords Commissioners for Trade and Plantations "upon the former of the said Petitions, and do thereupon agree "humbly to report as their opinion to your Majesty, that "the most Positive ordets should be …

On Reading and due Consideration Whereof, [20th October 1769] his Honour the Lieutenant Governor was pleased to require the opinion of the Couneil, whether his Majesty's said order extended to restrain the Granting of any Lands formerly claimed by New Hampshire, but which have not been granted by that Government: the Council thereupon"declared they were of opinion his Majestys …

concerning the Lands on the 'Connecticut River, with much greater reason should I do it now in offering any thing more on the same subject. The inclosed petitions were preparing at the time the last Pacquet sailed, and notwithstanding I have informed the persons concerned in it, of what your Lord? was pleased to mention in your letter by ¢his last, Packquet concerning those …

Hampshire, or included in the above mentioned Petition; as some Townships were sup- 'posed to be laid out on the west side of Lake Champlain (altho' there was no other foundation for such a supposition than a Map printed in the Province of Connecticut), I observed the same rule in regard to that part of the Country, notwithstanding there was not the least appearance upon Earth …

the possession of officers and soldiers, not being charged with any quit Rent for the first ten years, remain still in the same _ uncultivated state, as when they [were] first granted, and of course will be always an obstruction to the making of Roads on the side of the Lake till some settlers can be fixed there. Our .precarious communication with the province of Quebec at …

My intention was to have taken a view of the whole stream from Newberry to the Massachusetts line, and to have made an attempt to render those falls and rapids (if possible) less dangerous and inconvenient for the floating of Timber down, for, I have been informed, that several Masts have been so far shattered either by the mismanagement of the Conductors or by choosing …

Whereas it has been expected, that the Lands to the Westward of Connecticut River, which were granted by Benning Wentworth Esquire late Governor of New Hampshire, (in which the Society for propagating the Gospel &¢2 have considerable Interest) would be erected into a new Government and considerable Interest has been made in Favour of Partridge Thatcher Esq the Bearer hereof …

Misstonarigasite Exsenezer Digester Ricuarp MANSsFIELE the. honorable So- Josep Lamson Curistopuer Newton ciety for the Pro- Esenezer Kyeeuanp James Scovit pagation of the Ricarp CLARKE SAMUEL ANDREWS Gospel in foreign Beta Hupparp Parts. Joun TyLer ) Sotomon Patmer. To His Excellency. Sir William Johnson Bart % NEW HAMPSHIRE GRANTS. 615 PROCLAMATION OF THE GOVERNMENT OF …

Whereas, in Pursuance of an Act of the Legislature of this Province, entitled, "An Act for the more effectual collecting his Majesty's Quit-Rents in the Colony of New York, and for Partition of Lands in order thereto," Commissioners and a Surveyor were lately appointed to make Partition of certain Lots, Parcel of a larger Tract of Land, situate on the East Side of Hudson's …

616 CONTROVERSY RESPECTING THE broken the King's Peace, and set a dangerous Example to others, ° but have defeated the Operation of the said Act, in the Division of the Land aforesaid : And it appearing by sufficient Evidence, that James Brackenridge, Jedediah Due, Samuel Robinson, Nathaniel Horner, Henry Walbridge, and Moses Robinson, all of the said County of Albany, Yeomen …

Council to issue this Proclamation, hereby strictly commanding and requiring the Sheriff of the City and County of Albany, to apprehend and take all, and every the before-named Rioters and Offenders, and them to commit to safe and secure Custody to answer for their several Offences, and to be dealt with according to Law : And for that Purpose if it shall be necessary, to raise …

Leut James Breakenridge went with his hired men To his Field and Some others to'gathering corn and Some more People asembled a few of whitch had guns: & John Munro Esq Come their & in a friendly manner told him the S4 Breakinridge the Gentlemen from Albany were acoming to Run a Line their and Told him not to Stop them By Force if he Did he would Expose him Selth to the Law and …

Lansing Saith Robinson I am glad to see you But what means so many People together and some with arms our People Being in Sight about Sixty Rods off we told them we could not tell we had no connection with their Being together and had Desired them to withDraw out of the field : and hoped they would not take any advantage : for our People Did Not understand Law Mr Lansing Seith …

in a friendly manner To see By what authority they Run in our Possession and claim : they say they will not Take any advantage against us upon their words and say if we will go with them to Mr Perces where their things was they would show us; accordingly we went, they shew us an act of the Assembly to Divide their Great Pattens so that his Majesty might have his Quit-rent …

Distance they called us Back and ask us if our People Intended to stop them they would Be glad they would do it, then to which we answered we Did Not think they would stop them But Did Not No: for we Did Not intend to Break any Law or Expose our selves : they say we had Beter stop them if we intended to we Returned the answer as Before we would not : unless they would Tell us …

done and advise by no means to stop them to whitch they agreed if we would Take Two-or three as Evidences and desire them Not to Run only as Disputed Lands then went Back and met them in the field and Returned the answer as above they Told us then Break our chain or compass or Tread on our Chain to whitch we answered we should not Tread on their chain Nor Break it or compass …

His Majestys order in Council of the 24th July 1767 restrains me from granting the letters Patent prayed for by the inclosed Petition. Iam well assured that the facts are as set forth by: the Petitioners, and whatever equitable claim those persons may have who took grants of Lands from the Governt of New Hampshire, lying Eastward of any lands granted by this Province certainly …

I find, My Lord, that the Settlement and Cultivation of the Country lying West of Connecticut River, which was formerly granted by the Governt of New Hampshire is entirely retarded by the Controversies which have arisen between those Proprietors and this Government. When I formerly held the Administration, I had resolved on measures respecting these Lands which I was then …

This was so agreable to the people that the Proprictors of several Townships immediately proceeded to take the necessary steps, for obtaining the new Grants, but I was prevented from puting the Seal to any of them by the arrival of Sir Henry Moore. He afterwards took his full NEW HAMPSHIRE GRANTS. 621 fees for one of those Grants which had been very near ready for the Seals …

That it will immediately produce the settlement of that large and valuable Tract of Country, and greatly increase His Majestys Revenue. The difficulties which have obstructed the grants of those lands for some years past being removed, will most effectually promote the grant of that Tract of Land, designed as I am informed for the Society for propagating the Gospel, and of …

It is hence unnecessary to add any further Instance of prejudices excited against these Laws, as injuring the property of Landholders in general--or of " Spightful" -prosecutions--Those Calumnies, the first will be despised when duly considered, the second, my conduct does and shall refute: but attempting to mislead an Officer, countenancing open, daring Trespassers, & aiding …

Supported by Abilities that are an honor toa Court, and the highest Blessing to a Country. Toward the just and effectual prosecution of these Trespassers, it is my Duty herewith to transmit to your Honour & the Council, a Memorial praying that the Lands, where the Trespass was committed (being then the property of the Delinquents) may be escheated to the King; according to the …

I very sincerely join with you in regretting the unhappy state of that District under your Government as communicated to me, in your Letter of the 20 December; and will with the greatest pleasure & most immediate readiness exert every Influence of mine, that can possibly avail the King's service, or tend to promote a peaceable and wise subordination to the Laws among any of …

Permit me, therefore to assure you, that I shall chearfully embrace & zealously pursue every measure for the King's service and that I cannot be more obliged than in your suggesting to me, expressly; any efficient aid that may be in my power therein--I have the Honor to be very respectfully Sir your most humble Servt -- J. WENTWORTH. 624 CONTROVERSY RESPECTING THE P: S: Since …

That your Memorialist being by His Majestys Commission Surveyor General of His Majesty's Woods in all and singular His Majesty's Colonies & Plantations in North America; did in virtue of, and obedience to his said Commission,» discover William Deane, Will™ Deane junt & Willard Deane Husbandmen all of - Windsor in the County of Cumberland in the Province of New York trespassing …

lard Deane, to have been guilty of cutting White pine Trees as aforesaid; and to have incurred the penaltys of the Statute in that case made and provided--as by the Decree of said Court may at large appear but the Execution for said Penaltys being directed only against the Goods & Chattels of the aforesaid Trespassers, which it appears were alienated (while the suit was yet …

Wherefore your Memorialist (being also informed that the said Lands have not been granted under the public seal of the Province of New York) prays that it may be declared they are forfeited, and such public Reservation of the Premises made as may to your Honors seem meet--whereby Your Memorialist apprehends, that. the Statute for preserving White pine Timber to His Majesty …

Beysamin Wuitine Esq! of Newbury in the County of Albany and Collony of New York of full age Testifies and says that on the twenty eighth day of August 1769 he Received several Writs which had been Granted by the Honble Richard Maurice Esq? Judge of the Court of Vice Admiralty for the Province of New York, against several persons for Committing Trespasses in the King's Woods …

Provost Marshall of the said Court of Vice Admiralty for said Collony and on the 29th day of said August the said Whiting proceeded to Windsor in the said County and by virtue of two of the above mentioned Writs which he had against Williard Dean and William Dean Junt he apprehended their bodies and the day following Cammitted them to the care and keeping of Benjamin Wait and …

The said Wells then asked the depont which way he propos'd to go with his prisoners to New York, the depot said he did not know, but that he should go thro' the Province of the Massachusetts Bay, the said Wells said he did not think the deponent had power to hold them in that province the depot said he did not know which way he should go, but determined before he set out to …

The deponent then proceeded to Hinsdale with said prisoners Where he found John Groutan Attorney at Law in the County aforesaid advising with the before mentioned Deans; said Grout desired to know of the deponent which way he determined to Travell with the said Deans to New York, said Grout said he thought it best to go Thro' the Province of the Massachusetts Bay, Where …

lard and William the said prisoners were and after said Wells having Opportunity to advise with said Willard and William, said Wells came and asked the deponent which way he had determined to go to New York, the Deponent told said Wells that he had determined to go across the mountains and Woods to Albany, the said Wells then said the deponent had better go thro' the …

The Deponent then told said Wells that he thought it was the duty of a man in his Station to aid and assist an Officer in the. Execution of his Office and not Impede him. The same Day the Deponent proceeded to Marlborough with the said Willard and William and in the Night time, the small Log house where the Depot with his prisoners Lodged was beset with a large number of …

Chief Justice of the Province of New York and being duly sworn on the holy Evangelists deposeth and saith that he is a* Resident in Windsor in the County of Cumberland in the Collony of New York that on the 29th day of August last past One Certain Willard Dean and one Certaine William Dean Jun™ were taken into Custody by Benjamin Whiting by virtue of process Issued out of the …

Directed the said Rosebrook and the deponent to meet him with the said prisoners at Hinsdale in the said County of Cumberland, and that the said Benjamin Whiting then went in pursuit of other persons against whom he had other processes. That the said Benjamin Whiting left a pistol:and some ammunition. with Each of them the said Rosebrook and the deponent for their defence in …

That on the next morning the second of September before the Deponent and the said Rosebrook with the said Prisoners did set off on their way from Westminister to Hinsdale the said John Grout told the said prisoners not to go with the deponent and the said Rosebrook unless they Carried them by force and told the Deponent that they would have a Right to buing their Action …

That the said prisoners Consented to go and did go with the deponent and the said Rosebrook to Hinsdale where they again found the said Grout, and that the said Benjamin Whiting Came there that Evening with another person a prisoner, That the said Grout at Hinsdale Endeayoured to persuade the said Whiting to go with the said Prisoners Through part of the Massachusetts & …

That early the next day Samuel Wells Esq* one of the Judges of the Court of Common pleas for the said County of Cumberland Came to Hinsdale at the Instant the said Benjamin was Going across Connecticut River to one Jones a Lawyer to ask council That the said Wells took the said prisoners into the Orchard and had some conversation with them during which time the deponent stood …

That after the said Whiting Returned the said Wells asked the said Whiting in the deponents presence which way he Intended to go, that Whiting answered he believed he would go across the woods, upon Which the said Wells ask'd him what would make him go that way, and told him that he would never get across the Woods and had much better go down the River where he could go ina …

and Either said arrest or attach him, That on Next day, which was the fifth day of September the said Whiting with the said Willard Dean and William Deane Jun™ in his Custody, and the deponent and the said Rosebrook in his company were met in Brattleburrough by the said Wells, that the said Wells in conversation asked the said Whiting whether he did not Intend to have gone …

That in the Night of the said fifth Day of September a Riotous Number of Men Came about a small log house. Where the said Whiting with his prisoners and the deponent. and the said Rosebrook Lodged, and broke into the Lower part of, the house and threatened to pull it down and Rescue the said prisoners with many Violent threats against the Life of the said Whiting, but that …

Amos Ture of Hinsdale of full age Testifies and says that some time in the month of August or September Anno Domini 1769 The Deponent went to Brattleborough with Benjamin Whiting Esq: in order to assist said Whiting in taking one Ebenezer Fisher who said Whiting told the Deponent he had a Writ against for destroying the King's Timber and after said Whiting had arrested said …

further saith not. Amos Ture. Province of New Hampshire. December the Thirtieth day Anno Domini 1769. Amos Tute of Hinsdale in the County of Cumberland the Within deponent appeared personally before the Subscriber One of his Majesty's Justices of the Peace for the Province of New Hampshire being first Cautioned to Testify the whole Truth made Solemn Oath that the written …

Setting forth, among other things, that there is avast and valuable Country between Connecticut River and Lake Champlain, and extending from the County of Cumberland on the South, to the Latitude of forty five Degrees North, capable of subsisting many Inhabitants, to the great Increase of the Strength and Prosperity of the Empire in general, and the Province of New York in …

And that it is impossible to obtain Justice while they remain a part of the County of Albany as the Magistrate can have no Eye upon those distant Parts, nor can the Petitioners procure officers to come thither, or they in their present state go to them: That there are upwards of seven hundred souls to the Northward of the County of Cumberland, and that such is the Quality and …

On reading and due consideration whereof it is ordered by his Honour the Lieutenant Governor with the advice and consent of the Council that his Majesty's Attorney General of this Province do forthwith prepare and lay before his Honour the Lieutenant Governor in Council the Draft of an Ordinance Erecting into a separate County by the Name of Glocester, with such Powers as are …

oo OFFICERS FOR "GLOCESTER COUNTY. List of Judges, Assistant Justices and Justices of the peace for the County of Gloucester appointed by Commission Dated March 1770. ; John Taplin ° Samuel Sleeper >} Judges. Thomas Sumner Abner Fowler Samuel Penox } Assistant Justices. Israel Smith, Thomas Chamberlain John Peters Justices of the peace. Jonathan Sumner 636 CONTROVERSY …

As your Honor has been so very obliging as to desire Judge Sleeper to call upon us for our approbation, of the Gentlemen he has named to you, to be appointed Military Officers in Glocester County; a Township of which is granted by your Honor to the College in this City ; we beg leave therefore, to inform your Honor, that besides Judge Sleeper's recommendation, we have received …

Humbly Sheweth That your Petitioner is advised and doth conceive that he hath Gcod Cause of Action against David Stone, Samuel Stone, NEW HAMPSHIRE GRANTS. 637 Elisha Hawley, Enoch Judd, Ebenezer Curtis, John Benjamin, Andrew Norton, Elnathon Strong, Joseph Thompson, David Getchel and Steel Smith, for their assaulting Detaining and Imprisoning your Petitioner at the several …

AFFIDAVIT OF JOHN GROUT. City of New York ss. Joun Grout of Chester in the County of Cumberland attorney at Law practising in the Inferior Court of Common Pleas for the said County came this day before me and made Oath That sometime in the month of May last past Daniel Whipple Esquire High Sheriff of the County of Cumberland came to this Deponents House and demanded his …

ed to raise in order to Retake one Joseph Wait and others who had escaped out of his Custody being Rescued by a number of armed men, That the said Sheriff Insisting upon this Deponents attendance this Deponent accordingly accompanied the said Sheriff as one of the Posse which amounted to abont 15.or 16 Persons to the House of the said Joseph Wait and he not being at Home and …

ral fell upon the said Sheriff and his Posse which they soon overpowered, and forceably and Violently Seized this Deponent and others of the said Posse, and Carried them to the House of the said Joseph Wait where the Sheriff was informed by the said. Rioters that one at least of his said Posse so taken they would hold Prisoners until he the said Sheriff, this Deponent and some …

others should enter into Bond for Five hundred Pound according to the best of this Deponents Remembrance and Belief to be forfeited if the matters for which the said Sheriff was then attempting to take them were any further prosecuted, or if any of the Inhabitants of Windsor should be prosecuted at the then next General Sessions for any Crimes whatsoever, And further that the …

640 CONTROVERSY RESPECTING THE Charlestown aforesaid that by means of the abuses this Deponent Received as aforesaid the great fatigue he underwent & the Grief and anxiety of mind & fear he laboured under, this Deponent felt himself much indisposed and Intreated that his ill state of Health might excite Compassion, notwithstanding which the said Rioters often threatned this …

Charlestown aforesaid that by means of the abuses this Deponent Received as aforesaid the great fatigue he underwent & the Grief and anxiety of mind & fear he laboured under, this Deponent felt himself much indisposed and Intreated that his ill state of Health might excite Compassion, notwithstanding which the said Rioters often threatned this Deponent & could hardly be …

And further this Disponent saith, that from Chester to Charlestown the said Rioters were Commanded by Joseph Wait and from thence to Windsor by Nathan Stone. And further this Deponent saith not Joun Groor. Sworn before me this _ ninth day of August 1770 Dani HorsmManpen. NEW HAMPSHIRE GRANTS. : 641 AFFIDAVIT OF SAMUEL WELLS. City of New York ss: Samvet Wexts of Brattleborough …

Trying Causes, that there was no Justice to be obtained in the County by means of the Corruption of the Judges Justices and other Officers, that they were ruled intirely by John Grout Attorney at Law, that he was determined to oppose their Authority, while he had a Drop of Blood in his veins; That friendship to this Deponent Induced him to bear this Deponent Company until he …

To which the said Stone replied that he had formed no Resolution about the matter on a Sudden, that his Resolution to oppose Writts being executed had been fixed at least five or six months before, and that while he had life he would oppose the Sherif, and that the people of that Place (meaning Windsor) and some other places would joine and stand by him to the last drop of …

NEW HAMPSHIRE GRANTS. 643 appointed for the meeting of the said Court, the said Nathan Stone together with Joseph Wait, Benjamin Wait, Israel Curtis, Enoch Judd, Joseph King, Steel Smith and a number of others amounting to about thirty as this Deponent believes appeared at the place where the Court were to sit in a Riotous and Tumultious manner the said Nathan Stone being …

Then Stone demanded of the Court what business they had to sit there as a Court and said that he made this Demand in behalf of the Publick, in this he was seconded by the said Joseph Wait and the said Israel Curtis, and were answered by some of the Judges that the Letters Patent or Ordinance erecting the County and the Commission of the Pleas which were always read at the …

Court apprehended it not prudent that the said Rioters should be then put on Tryal, as the Court and Jury could not be without fear if they were convicted, nor safe to refuse them a Tryal at that time, and oblige them to enter into Recognizance to appear at the Next Term, least they should resent it by some immediate act of violence.' Therefore the Court informed them they …

However if they had any thing to accuse him of they might apply to the Grand Jury and the Clerk of the Peace would assist in drawing any necessary Bill, or they might apply toa Higher Court, That Mt Grout if accused of any offence had a right to a Tryal, that the Court had not lawful authority to Comply with theig Request and forejudge M* Grout on a bare suggestion that he was …

NEW HAMPSHIRE GRANTS. 645 Court Immediately adjourned to the next day, Soon after which tie said Stone and 'his Party seized the said John Grout in presence of some of the Judges of the said Court and forceably carried him away, and that the High Sherif of the said County at the same time made Proclamation for the said Rioters to disperse but to no effect. And further this …

That these Papers respect certain Complaints against Samuel Wells Esq', one of the Judges of the inferiour Court of Common Pleas and one of the Justices in the Comunission for the Peace, in the New County of Cumberland; which is Part of that Territory formerly claimed by New Hampshire, but by his Majestys Order in privy Council of the 20th of July 1764, declared to belong to …

Upon examining these Papers, we cannot see sufficient cause © to advise, either a Removal of M' Wells from the Places he holds, or any Prosecution against an Officer, who we are informed sustains a fair Character, even in a District, where there are not wanting some Persons, to whom, from their attachment to the unjustifiable Claim of the Province of New Hampshire, & his zeal …

With Respect to the "Request that the Lands granted in the Township of Windsor, under the seal of New Hampshire, may be declared to be forfeited for a Breach of one of the Conditions in the Patent, the Committee conceive, that advantages of broken Conditions expressed in Royal Grants, are to be taken in a legal course, by regular Prosecutions against the Patentee ; and that it …

under which they settled, in articles injurious to the Crown, & such also as have been guilty of Infractions of the Laws for the Preservation of Masts for the Royal Navy, are unworthy of his Majesty's Bounty, & that their applications for Lands in this Government ought to be rejected, All which is nevertheless humbly submitted this 25th Day of September 1770--By order of the …

That he being a Resident in Windsor, and having the Later part of August last, taken a journey from there to Springfield in Massachusetts Bay, Mt John Grout on the fourth Day of September last, came to him (the Deponent) and Informed him, that the Deponents two Sons Willard & William were made Prisoners by one Benjamin Whiting on a Process that Issued out of the Court of Vice …

Deponent could not see them, without following them to Albany; as said Grout told him (the Deponent) That Whiting had not Promised to Tarry at Hinsdale longer than tuesday noon: And likely would then set out for Albany. (That the Inferiour Court of Common Pleas was then sitting at Springfield, in which Court the Deponant had a Cause then Depending, and was obliged to attend …