O'Callaghan, E.B., ed. The Documentary History of the State of New York, Vol. IV. Albany: Weed, Parsons and Co., 1851.
2174 passages
659,679 words
Page 9 of 15
That on this Morning, News came to the Deponent & said Wells, of a Party of men that had followed the said Whiting, & said Prisoners, The said Wells with Mr Arms the then high Sheriff, set out on horseback to Disperse the People: And both said Wells and Arms shew'd a great Disposition to prevent any Violence &¢ and appeared much concerned at hearing that the people, in a …
The Deponent agreable to M Wells's advise, set out for the City of New York, to surrender himself for tryal: And about thirty miles before he reached the City, met M* Whiting Deputy Marshall who turn'd about, & accompanied the Deponent to the New Goal in the City where he was committed. The Deponent further say's, That the said Grout was so far from making his journey to …
That by Whitings Discourse it seem'd, he was ata loss whether to ~ carry the Prisoners thro' a Part of Massachusetts Bay, or thro' the Woods to Albany, whereupon said Wells told him, that it was his opinion, That he had no right to carry them thro' Massachusets, (tho' says he that would be the best Rhoad if the Law would justifie it) and advised him said Whiting, to go with …
dont know that Grout is gone on that buisness, for I have not seen him: but I understand he-has gone that way, Perhaps that may be his business.» After Whiting was gone and a Number of People ina Tumultuous way, followed him, asI was enformed, I understood that said Wells Issued his warrant to arrest some of them: and arrested them accordingly: and several times afterwards, I …
Wells, said Whiting Told said Wells that he (said Whiting) had Two Prisoners at Hinsdale (viz) William and Willard Dean, which he was going to Carry to New York By vertue of writs from the Court of vice Admiralty cf New York, said Wells asked said _ Whiting if he was agoing to Carry Them Down the River through the Massachusetts and Connecticut Governments, To which said …
Said Wells further Told him he could cross the woods without any Great Difficulty, if he gota Pilot Part of the way--said Whiting was very urgent to have said Wells meet him at Hindsdale on monday morning the next. This Deponent was at Hindsdale on the Monday next following said Second Day of September Said Wells, Whiting, & his two assistants Benjamin Wait and one …
And threatened to be shot, beat, & the Sd Whiting sent the Deponent, and his Brother William (then a Prisoner) under the care of one Benja Wait, & James Rosebrook, from Windsor, to Hinsdale, that passing thro'? Westminister, where the Depot his 'S¢ Brother & their §4 keepers lodged, Viz. at Mr Ranneys: we there found M" John Grout Attorney at Law, and this Deponent & his S¢ …
M* Grout then advised Said Wait & Rosebrook, to unload their Pistols, and to treat the prisoners with Tenderness, & kindness, and furthermore told the prisoners both, in hearing of Wait, and Rosebrook, as well as out of their hearing by all means to be Submissive to their S¢ keepers, & that the escaping from them would be no advantage, but a great Disadvantage to the deponant …
M* Grout informed Whiting of his Business to Springfield & desired him to tarry 'till he came back, even tho' it should be until Tuesday Night. Mr Grout left the prisoners, & Whiting to pursue the said Journey to Springfield, on Sunday Morning. Whiting with the Prisoners set out on Tuesday after Noon, and before Grouts return. That after Grouts departure, viz: on the fourth of …
Mt Wells told him that (in his opinion) he had no Right to go with the said Prisoners thro' that Province & on Discoursing with Benjamin Wait, one of Whitings Assistants, M: Wells expressed himself in the same manner, Representing it as his opinion that Whiting had no Right to take s¢ Prisoners across the Massechusetts (tho says he) if the Law would Justify it, it would be …
Mr Wells thereupon s¢ he did not know that he meaning Grout would do so for he had not seen him before he went down & only had heard he had gone down the River, perhaps that may be his Business, surely (says he) If I had desired that such a Thing should be done, I should not advised you, not to go that way, (or to that purpose) This deponent further says that he has not the …
any other Person as he knows of, that as to a Number of People following Whiting, & others this Deponent, had not the least expectation of such a thing, and cannot guess what moved the people to it unless it was this, that when Whiting moved off with the Deponent & his said Brother he rode on Horseback, & the Prisoners went on Foot, they did not Travel so fast as he inclined …
Samven Wexus of the Township of Brattleborough in the County of Cumberland and Province of New York Esq' being duly sworn upon the Holy Evangelists of Almighty God deposeth and saith that on the Second Day of September in the year of our Lord one thousand seven hundred and sixty nine Benjamin Whiting Esqt came to his House and told him he was going to Doctor Wells's and about …
That this Deponent then replied he knew of no such Law that if there was any such it would be much the easiest Way but advised him to be certain of it before he went that going thro' the Woods to Albany would be attended with great Difficulty and put him to the Expence of a Guide for Part of the Way and this Deponent further saith that upon asking the said Benjamin Whiting …
Jones on which he was prosecuted appeared to this Deponent to be malicious and vexatious That this Deponent then asked the said Benjamin Whiting whether he had Power to release the said Ebenezer Fisher if he could be satisfied, he had cut no Timber fit for his Majesty's Navy upon which the said Benjamin Whiting replied he believed that Mr Jones had such Power and desired this …
nesses and who the Witnesses were and that the said Benjamin answered and said that he had with him Subpcenas but that there were Blanks for the names which he was to fill up with such as he found capable of proving what was alledged against the Prisoners, and then serve them That this Deponent then enquired whether he had any Directions to give the Witnesses money for …
NEW HAMPSHIRE GRANTS. 657 probably cause him to be arrested if he travelled with his Prisoners that Way But the Deponent denies he ever knew that Mr Grout was gone before that Time and this Deponent further saith that on the next Day being Tuesday the fifth Day of September aforesaid in the afternoon the said Benjamin Whiting with two of his Assistants Wait & Rosebrook and the …
probably cause him to be arrested if he travelled with his Prisoners that Way But the Deponent denies he ever knew that Mr Grout was gone before that Time and this Deponent further saith that on the next Day being Tuesday the fifth Day of September aforesaid in the afternoon the said Benjamin Whiting with two of his Assistants Wait & Rosebrook and the said Willard and William …
Nor did he know M: Grouts Business there but barely suspected that that might be it. And that he the said Benjamin did not do well in suspecting the Deponent had sent M' Grout on such an Errand since he the Deponent had all along told him the said Be jamin Whiting that he apprehended that he had no legal Right Vou. Iv. 42 ° 658 CONTROVERSY RESPECTING THE to go with Prisoners …
And this Deponent further saith that while upon the Road the said Benjamin Whiting complained to this Deponent that the Prisoners did not walk fast enough upon which the Deponent advised them to make as much Haste as they could and be obedient to the commands of the said Benjamin Whiting and they would fare the better for it and more particularly gave them a strict charge not …
of the said Benjamin Whiting Captain Dean Father of the aforesaid William and Willard Dean against whom as the said Benjamin Whiting told this Deponent Process had also issued from the said court of vice Admiralty came to Brattleborough that the Deponent advised him to go to New York and surrender himself for Trial which he promised he would do and did go with that Intent but …
City of New York ss: James Duane of the City of New York 'Esqt being duly sworn by the direction of his Honour the Lieutenant Governor and Council Deposeth and saith That in the month of October in the year of our Lord one thousand seven hundred and sixty nine he was applied to by William Dean and his sons Willard aud William Deane whom he understood to be Inhabitants of …
they could not on such a Prosecution be held to Bail moved tliat they should be discharged on entring their appearance but they were ordered by: the court to be held to Bail ina large sum for want of which they remained in close custody That after some time they complained that the little money they had brought down with them and received from the sale of their Horses was …
That this Deponant is not certain whether the sale so intended was first mentioned to him by William Deane or Mr Wells but this Deponent well remembers that M' Wells advised with him on the measure and that this Deponent approved of it as legal in itself and as an act of Humanity towards Deane and his children whom he considered as in the greatest distress and this Deponent …
And this Deponent saith That the transfer to M* Well's of the effects of the said William Deane was drawn by one of the Deponents clerks and that he verily believes from what passed at that time and from the Behaviour and. Conversation of Mt Wells that it was an Act of Benevolence and Humanity in Mr Wells to Deane and his two sons without which this Deponent verily believes …
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 appointed to make Partition of certain Lots, Parcel of a larger Tract of Land, situate on the East Side of Hudson's River, in the …
662 CONTROVERSY RESPECTING THE schaack, directed the Commissioners to resume and complete the , Partition aforesaid ; who on the twenty sixth Day of September now last past, in the Execution of the said Trust, were again opposed and prevented from effecting the said Partition, by a riotous and tumultuous Body of Men, openly avowing, in Opposition to the Title and Jurisdiction …
And it further appearing by Proof on Oath, that Simeon Hathaway, Moses Scott, Jonathan Phisk, and Stlas Robinson, all of the County of Albany, Yeomen, were among the principal Authors of, and Actors in the last mentioned Riot and Breach of the Peace: In order therefore to bring the said Offenders to condign Punishment, and that others warned by their Example, may be deterred …
NEW HAMPSHIRE GRANTS. 663 suppressing all future Riots and Disorders of the like dangerous Tendency. GIVEN under my Hand and Seal at Arms, at Fort George, in the City of New York, the first Day of November, One thousand seven hundred and seventy, in the eleventh Year of the Reign of our Sovereign Lord George the Third, by the Grace of God, of Great Britain, France, and …
King Charles the Second to James Duke of York in 1663] 4 comprehending in express terms; "All the lands from the West side of Connecticut River to the East Side of Deleware Bay ;" While your Majestys Government of New Hampshire, the Limits whereof were first ascertained about the year 1739 is confined in its @xtent westward to your Majesty's other Governments. That …
That in the year 1768, an ordinance was passed in your Majesty's name and under your Majestys Seal of New York, erecting part of the Lands on the west side of Connecticut river into a new County by the name of Cumberland ; and on the 16'" of March in the present year, a like ordinance passed erecting another county to the northward of the former, by the name of Gloucester ; in …
That in the month of June last, a number of disorderly persons seated in the township of Windsor in the County of Cumberland, assembled in a riotous manner, & by threats obstructed the proceedings of the Court of Common pleas; pretending that the Magistrates & Civil Officers were unauthorized ; that no obedience was due to them ; that the Jurisdiction belonged to the …
While your Petitioners have the greatest reason to think it will if adopted prove highly dissatisfactory and prejudicial to the Body of Inhabitants in general, who beginning to feel the eminent advantages of a settled Government, view with concern even the prospect of an alteration that may again expose them to the difficulties and hardships, with which they so lately …
Thomas Chandler Edward Howe Moses Wright Simon Stevens Timothy Spencer Daniel Gill Samuel Scott Jehiell Simmons -- George Hall Jchebed Widdoms Joseph Douglas Willm Dean Willard Dean Wm Dean Junr Joel Mathews Moses Evens Zeidock Wright Asa Taylor Matthias Rust Lionel Uddel Jacob Burtch Timothy Lull Thos Sumner John Peters John Taplin Abner Fowler John Taplin junr Thos …
Elisha Burton John Sargent Joseph Hatch John Hatch Saml Patridge John Wright Jacob Fowler jun Jacob Fowler Ephraim Collins Hugh Miller John Sawyer Saml McDuffey John Morton Wm Bell Jesse McFarland Ebenez: Morton David Thomson James Horner ~ James Aikin . Hezekiah Silliway Jas Pennock Jesse Pennock Ezekiel Parish Isaac Baldwin Peter Pernueck Josiah Goodrich Penuel Deming Wm …
Aron Pennock Samuel Pennock Eleazer Goodrich Abner Reeve Silas Hamilton Francis Whitmore Isaac Barrett Solomon Phelps Luke Brown Barnabas Russel Joseph Jackson Tsaac McCane Daniel Sargent Dennis Lochling Danl Kathan Alexander Kathan John Kathan John Kathan Junr Wm More Saml Allen Wm Wiman Jonas More Moses Coles Joshua Parker Amos Hall Charles Kathan Noah Sabin Junior Oliver …
Robert Pattison Anthy Morrel Wm Coper Wm Gate Saml Clark Benjn Baker Josiah Clark _ Joseph Steward Thos Clark Wm Creles Abner Rice Rufus Shepherd Petter Pattison Samuel Clark jr James Cary junr Isaac Orr James Roberts Jas Woodward Seth Knowell Joseph Lyon's Ebenezer Brooks Daniel Shepherdson Saml Allen Aquila Cleveland Zacheus Farnsworth Asaph Carpenter Moses Smith David Weeks …
Asa Davis Thomas Crowfoot Michael Lovel Danl Whipple Wm Williams Elisha Harding John Grout Saml Knight Benjn Butterfield Gad Smith Oliver Wilson. Josiah Jenkins Thos Serjeant Jonathn Hobbs Malachi Church Abner Newton Henry Wells Oliver Harris Oliver Harris junr William Harris Benoni Smith John Camp Joseph Scott Thomas Whiting Jas Colter Murdock Smith Saml Brown Amos Whiting …
668 CONTROVERSY RESPECTING THE PETITION FOR THE CONFIRMATION BY NEW YORK-OF CERTAIN N. H. GRANTS. To His Excellency the Right Hon»!e John Earl of Dunmore Captain General & Governor in chief in & over the Province of New York & the territories depending - thereon in America, Chancellor & vice Admiral of the Same. The Petition of the Subscribers inhabitants of certain lands on …
That your Petitioners have respectively seated themselves and families upon the Lands so granted to them on the West side of the river Connecticut, cultivated and improved the same in pursuance of and agreeable to their said Grants, conceiving their Title to be good and effectual untill after the arrival of His Majesty's royal Order in his Privy Council of the 20t day of July …
Your Petitioners therefore most humbly pray that, as they have expended their worldly substance upon the Premisses, and are thereby rendered wholly unable to pay the Patent fees demanded by the late Governor in chief of this Province for the Lands so cultivated, that your Lordship will be favourably pleased in tender Compassioh to your Petitioners, and their helplessand …
Benjn Gorton Ephraim Knap Thos Chandler Joel Atcheson Willm King Jacob Ball Nathaniel Seedman Oliver Cook Ebenezer Filkin Province of New York 3 December 1770. Israel Church Reuben Field Nathan Gould Reuben Bump Thos Farrand John Houghton Sawyer Wright Elijah Prouty Wm Cranny Jobn Pike Nath: Frost Wm Bullock Jereld Field Wm McLaine Benj; Carpenter Henry Hox Abel Wetherd Wm …
Smith Samuel Brown Amos Whiting John Sheperdson Saml Whitaker Joel Cutlar Joshua Allen Wm Ramsdel Wm Williams Elisha Harding Jobn Grout Tsrael Curtis Henry Wells Saml Knight Benjn Butterfield Jothan Biglo Gad Smith Josiah Deakins Oliver Wilson - Thomas Serjante Jonathn Hobbs Malachi Church Nathaniel Brown Joseph Hapados Sam] Skinner Saml Minott Aaron Alexander Joseph Perry …
Daniel Saurell Jacob Sadwell Simon Stevens Timothy Spencer Noah Tenlevett Page Harrineau Daniel Gill Samuel Scott George Hall Jekiel Symmons Johobat Meddoms Silas Hamilton Francis Whitmore Isaac Barrett Solomon Phelps Luke Brown Dennis Lorkling Daniel Kathan Alexr Kathan Jobn Kathan John Kathan Junr Wm More »Saml Allen Wm Wiman CONTROVERSY RESPECTING THE Jonas Moore Moses Cole …
David Thomson Abner Fowler Wm McCoy James Horner John Toplington Joel Mathews James Aiken Thos Butterfield Moses Evans Nathaniel Martin Thos Chamberlain Zeidock Wright Samuel! Gott Welbe Butterfield Matthew Rust Samuel Miller Robert Kennedy Joel Marsh James Miller Eliezer Cosly Ebenezer Bartlet Benoni Wright Jacob Fowler Alexn Brink Ephraim Martin Jr Israel Hall Henry Brugg …
His Excellency laid before the Board a letter from Henry Ten Eyck Junior Esq, Sherif of Albany of the 34 Inst signifying that in obedience to his Excellency's proclamation of the 1st ultimo for apprehending -certain Rioters therein named, he proceeded to Bennington and on the 29'» November in company with John Munro Esquire, and his Under Sherif, went to the House of Silas …
The Humble Petition of Your Majesty's loyal, faithful obedient subjects, whose only hope of Relief from immediate poverty distress and ruin, with there helpless' Wives and Children, depends entirely on your Majesty's lenient and paternal Interposition, which unless your Majesty shall be graciously pleased to vouchsafe, they must suffer an inevitable ruin, Therefore they Humbly …
miles Eastern distance from Hudsons River 'till it intersects the Wood Creek Lake Champlain & That by virtue of Patents issued by Benning Wentworth Esgr late Governor of your Majestys said Province of New Hampshire, under the Seal thereof and granted to your Petitioners whose Names are Enter'd in a Schedule annexed to each respective Grant, and in full Faith of the said …
Iv. 43 674 CONTROVERSY RESPECTING THE Enemy that they have in all things and at all Times, been obedient to the Laws of your Majesty's Dominions, & ever obeyed yout Maijestys Royal commands--that our Fortunes Interest and Lives are wholly devoted to your Sacred Person. They therefore humbly prostrate themselves, and pray that your Majesty will be graciously pleased, to …
As your Majestys Petitioners in Duty and Loyalty bound shall ever pray. Province of New York ss. Wuituarp Srevens of Charlestown or number four in New Hampshire Government, a person well known to me, and worthy of Good Faith and Credit being by me duly Sworn did depose and say that the foregoing is a true copy of the Original petition delivered me and carried by Benjamin …
John Avery Jonathan Gilson ¢ Isaac Patterson John Avery Junior Joseph Arwin Benjamin Patterson Samuel C, Avery Abial Gooddale Michael Metcalf Joseph Phippney Caleb Spencer Bildad Andros Esqr Joseph Stoddard William Hill Amas Carpenter Jonathan Burk Gidion Bagger |! Carpenter Jesse Burk Thomas Davis Timothy Carpenter So. Burke Thomas Davis junr Jidiah Prior Amos Carpenter Junr …
I speak of that: large District between Hudsons river and the Lakes George and Champlain on the West and Connecticut River on the East ; and between the North line of the Massachusetts Bay and the 45th degree of Latitude, assigned for the partition between this and the Province of Quebec. This is a fine country, capable of great cultivation, and of subsisting many thousands of …
I am oblidged on the contrary, to complain that there seems to be too much reason to believe, that the disorders in that Country owe their origin and progress to the intrigues of persons in power in the Province of New Hampshire, with aims of inhancing their private fortunes, out of the Crown Lands; and the vain hope that His Majesty may be moved to annex this territory to the …
I must at the same time apprize your Lordship that a great majority of the settlers are not only disposed toa peaceable submission to the decision of 1764, but very averse to the change projected in New Hampshire, as will appear by their Counter petition communicated to me, to be transmitted in their favor. Nor can I omit mentioning that it is in this District that many of the …
The inhabitants now amount to between six and seven hundred families, of which number 450 odd have signed a Petition to me, which Ihave by this Packet transmitted to your Lordship, praying to be continued in thisGovernment ; there is another Petition, as I understand, sent home by Governor Wentworth, signed by about 200, praying to be under the Government of New Hampshire …
I have to inform your Lordship of the death of Joseph Reade Esq". one of his Majesty's Council in this Province, I also inclose to your Lordship three affidavits which I have 678 CONTROVERSY RESPECTING THE lately received, which confirm our belief that the disorders above mentioned are promoted by people of the greatest power in the Province of New Hampshire …
I Avexanper Corpen Esq ; Surveyor General of Lands for the Province of ew York ; do hereby certify, to all whom it may concern, that on or about the twenty second Day of May, One Thousand Seven hundred and sixty five, I received an attested Copy of an Order of the Lieutenant Governor of the said Province, made in his Majesty's Council for the said Province, on the said twenty …
NEW HAMPSHIRE GRANTS. 679 Order in Council hath been hitherto strictly and duly observed : And I do further certify, that Ihave not made any Return of the Survey of any Lands known to be held under any Grant of the Government of Vew Hampshire, Eastward of the Ridge of Mountains commonly called or known bythe Name of the Green Mountains in order to be granted, unless for the …
That between Seven and Eight years ago he purchased some Rights in a Tract of Land called Shaftsbury, under a,Grant thereof by the late Governor of New Hampshire--That he settled thereon six years ago last spring, and was one of the first who settled in Shaftsbury under the Grant aforesaid That between this Deponents Purchasing and Settlement above mentioned, Governor Colden …
That by far the greater Part of the Settlers at this Day . which this Deponent believes are at least Five to One to the number of Settlers at that Time, are purchasers since the notification of the Determination of the Boundary at very small Rates, and who have seated themselves there under the New Hampshire Grants knowing the claim of this Province, and his Majesty's …
That within a Short Time after the notification of the Royal Determination as afs¢ the Inhabitants in general of that Part of the County claiming under New Hampshire concluded to keep up and maintain the Privileges mentioned in their Grants from New Hampshire, and not to submit to any Laws Customs or usages of the Government of New York imagining this would strengthen their …
That he has always understood and is satisfied that it is true, that the Proprietors under New York, have always been, disposed to treat the Settlers on their Lands under New Hampshire, with Tenderness, and to give them better Terms than to other Persons, which Tenderness and Forbearance has been constantly construed by the settlers to arise solely from the Proprietors under …
That the siad Archibald Campbell was then making Surveys in that Part of the Country and offered to several Persons in the Deponents Presence to survey their Possessions and divers others have confessed to the Deponent, that the said Campbell had made the said offers to them, but all of them except this Deponent and about a Dozen Persons more retused to shew their Boundaries …
I, That this Deponent remembers that about a year ago nine Ejectments were brought under New York for Lands to the Westward of the Green Mountains, one of them against the said Isaiah Carpenter, another against Justin Olin, who had settled on Major Smalls said Grant, knowing it was granted to Major Small having purchased under New Hampshire since the passing of the Majors …
That this Deponent attended the Circuit Court held last Junein the City of Albany, when four of these Ejectments were tried, viz those agt James Breakenridge Samuel Rose one of the prince Town Def's Isaiah Carpenter, Josiah Fuller one of the Inhabitants on the Grant to Revd Mt Slaughter--that Breakenridge made no Defence, his Possession being within Twenty miles from Hudsons …
NEW HAMPSHIRE GRANTS. 683 L. That many of the Claimants under New Hampshire in consequence of these Trials proposed settling their Dispute with the New York Proprietors; but the writs of Possession being delayed, they in general changed their minds, and declared the New York Proprietors dared not to serve them--and from the common and public Conversation of those Inhabitants …
And this Deponent saith that he has never heard of any other Ejectments being brought for any Lands to the Westward of the Green Mountains under New Hampshire, except one agt one Colvin, which was served, but not further prosecuted. O. That the Deponent is acquainted in general with all the Inhabitants of the Lands formerly claimed by New Hampshire on the West side of the …
returned with Encouragements to the People, that he would soon get them annexed to New Hampshire, and this Deponent is well assured that if they had not received Encouragements from the s¢ Governor Wentworth, they would in general long since have submitted to the Laws and Jurisdiction of the Province of New York, and the Disputes concerning Titles have been at an End--That …
And this Deponent further saith that at the time of the notification as abovementioned of his Majestys Determination of the said Boundary, the two Southermost Townships were more cultivated than any other of the New Hampshire Grants to the Westward of the Green Mountains, and even with respect to those the Cultivation was exceeding small, that the four Townships to the …
Joun Munror of Fowlis in the County of Albany, Esquire, one of his Majestys Justices of the peace for the said County being duly sworn maketh Oath, that he lives on the East side of Hudsons River about seventeen miles Distant from the said River, as the Surveyor employed by him lately, to measure the Distance to that River informed him that he began to build there near four …
That this Deponent is well acquainted with the Country thereabouts, and verily believes that since he has lived there, the number of Settlers under the New Hampshire Grants to the Northward of this Deponents Habitation have increased at least three fold--And from the General Accounts he has received in that neighbourhood he is well satisfied that since the Notification of his …
ing the Laws of New York or submitting to its Jurisdiction and that in general they have regulated themselves by the Laws of New Hampshire, and the Charters granted by the late Governor Wentworth, in order as this Deponent hath always understood, the more easy to bring about the annexing that Country to New Hampshire, and the Confirmation of the Grants of that Government …
And this Deponent further saith that in the winter of the year 1770, by Virtue of a Law of this Province he issued as one of his Majesty's Justices of the peace for the County of Albany, on the application of two of his Majestys Subjects Process against four Persons, all of whom this Deponent understands dive on the Patent of Wallumschack, and claim Lands there under one of …
them to disperse and surrender up his Prisoner, telling them they were acting against Law that thereupon they damned the Laws of New York, and said they had better Laws of their own, and finally obliged the said Constable and his assistants to fly for their Lives. F. And this Deponent further saith, that since the obstruction given to the Commissioners as abovementioned the …
And this Deponent further saith that on the Twenty ninth Day of November last to this Deponents best Remembrance Henry Ten Eyck Esq the Sheriff of the County of Albany came to this Deponents House with a proclamation of his Excellency Lord Dunmore of the 1st Nov" last, by which the said Sheriff was commanded to apprehend Silas Robinson and others for a second Riot and …
688 CONTROVERSY RESPECTING THE House of Capfain Cornelius Van Ness at Sanchoick That towards morning the House was surrounded by a number of armed men about Forty as this Deponent has been Informed--That this Deponent asked them what they wanted and was answered they demanded Silas Robinson forthwith and that they would have him.--That the Persons in the House prepared for …
New York against the settlers under New Hampshire--against Samuel Rose and three others in Prince Town--Isaiah Carpenter and Justin Ollin on a Tract Granted in New York to Major Small a reduced officer, James Breakenridge in Wallumschack Patent, and against two other Persons on a Tract of Land granted to Rev4 Michael Slaughter a Reduced Regimental Chaplain. That soon after …
That upon this Deponents return home from the said trials, and for some time thereafter, he' found the claimarits under New Hampshire in his neighborhood fond of coming to a settlement with the proprietors under New York, but that afterwards repeated encouragements being received in that Quarter from the present Governor of New Hampshire as the Universal Report was in that …
That about the Fifth Day of January last, the Sheriff of Albany with one of his Deputies and another person in his Company came to this Deponents House and this Deponent having some short time beforeseen the said Sheriff in Albany 'with Writs of Possession in his Hands, in the four Actions of Ejectment tried at Albany as aforesaid the said Sheriff now told him he had been …
on Monday the Seventh of January last the said Deputy Sheriff with this Deponent and Twelve other men whom the Deponent had procured to aid the Deputy Sheriff who feared alike violent Resistance, proceeded*to the House of the said Isaiah Carpenter in order to serve the said writ of possession against him--That when they came there they found the House shut up, tho' it was …
NV. That after this on the same day this Deponent with the said Deputy Sheriff, and another went to serve the writ of Possession | against the said Samuel Rose and on the road picked up two other men whom they took along with them to assist them--That the Sheriff went on before and got into the said House the Persons, therein not knowing he was the Sheriff--But by this Time …
O. 'That as soon as Possession was gained here the defendt being from home, Possession was restored to His Wife and Family by the Direction of one of the Proprietors, on condition that it should be held under them--that the said Tsaiah'Carpenter has since voluntarily gone off his Farm, and that Samuel Rose still is in Possession of his. ( P. That this Complainant has never …
Dan : HorsmManpen. _A. City of New York ss: Simon Stevens an Inhabitant of the Township of Charles Town in the Province of New Hampshire, and at present one of the Members of the General Assembly or House of Representatives of the said Province, maketh oath upon the Holy Evangelists and saith, 'That very soon after M' Wentworth the present Governor of New Hampshire arrived …
That he proposed to promote Petitions from the People to accomplish that End, and asked the Deponent if he would be . concerned in facilitating and circulating a Petition of that kind. That the Deponent refused to be concerned in any such measures, That the said Governor has broke the same subject to the Deponent at several Times since, Declaring that if the People could be …
That the Deponent has also seen an attested Copy of another Petition to his Majesty, of the like Import with that above mentioned, which has been lately circulated in that County, and which he also for the Reasons above mentioned believes was drawn by the said Governor. E. That the Deponent has known Lands granted under New Hampshire on the East side of Connecticut River, to …
That at the Time last mentioned there were every few Settlers to the Eastward of the Green Mountains, claiming under New Hampshire, this Deponent. believes there were not seventy Families, and those were scattered in about a Dozen Townships on that River, and the Chief of them in Brattleborough, Westminster, Pultney-and Rockingham, and that in all the rest of the numerous …
That since that Time this Deponent verily believes the Settlers in that Country, have increased Ten fold under the Claims of New Hampshire, and that.they are almost altogether Purchasors of the New. Hampshire Titles at a very.small consideration, and this Deponent believes they settled there in general, expecting they should be obliged to obtain New Grants under the Province …
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And this Deponent further saith, that for more than two years past, the People between the Green Mountains and Connecticut River, have been continually encouraged to extend their settlements under the Claim of New Hampshire and to believe that this Country would soon be annexed to that Government, which Encouragement by the universal Report among them, came from Time to Time …
Wentworths Patents for Lands on the West side of Connecticut River, and is very certain he had not the advice of his Council for issuing that Patent further than the general advice above mentioned. Q. That the nearest Part of this Country to Portsmouth in* / 6.96 CONTROVERSY RESPECTING THF New Hampshire is one hundred and Twenty miles as the Road goes, which this Deponent …
That very soon after Governor Coldens Proclamation asserting the Jurisdiction of the Province of New York in that Country, it was Public there being fixed up in Print in Divers Places, and that soon after the issuing of the Proclamations by the Governments of New Hampshire and New York, notifying his Majesty's Determination of the Boundary between these two Governments of the …
That this Deponent believes there are now ten times as many Settlers in the Tract formerly claimed by New Hampshire aforesaid, than there were at that Day, and that these are almost altogether Purchasers under the New Hampshire Patents since the notification of the Kings Determination of the Boundary as aforesaid a great many of whom settled in expectation of taking out new …
That this Deponent never hath heard of any Ejectments:. served by any Person claiming under New York nor of any other action brought by any of them, against any Person to the Eastward of the Green Mountains except in two or three Instances: for Debt & is satisfied if-any such thing had happened he musthave heard of it. That some few of the Inhabitants of that country have been …
That something above a Twelvemont ago a Petition to his Majesty was circulated thro' that Country for Subseriptions for that End as this Deponent understands and believes, which Petition was at that time and ever since generally reported there to have been drawn by Governor Wentworth--That this Petition was generally reparted and this Deponent believes the same to be true, to …
That Jast Fall another Petition to his Majesty for the like purpose, was carried about thro' that Country for Subscription as this Deponent understands and believes that this Deponent saw the original thereof as it was Called of which he took a copy, which original was wrote in a very fair Hand, and was currently reported there to have been drawn at Portsmouth by the present …
That this Deponent believes that very few if any of the Settlers on the Southerly part of this Tract to the East of the Green Mountains, signed the said Petition last mentioned, as they are almost universally desirous of remaining in the Province Ofo New York, and this Deponent is well convinced: that: of the whole Inhabitants of the Counties of Cumberland and Gloucester …
jw AltyiefoNems: York ss:° Oxrrver Wirrarp Esquire one of: the Assistant Judges of the Inferior Court of Common Pleas, for thei CematysdfyGumberland in the Province of New York makes Qath upanithe Holy Evangelists; That he isan Inhabitant of the Tew pons <dlentiord in the said County, formerly granted by Rate nto under the Province of New Hampshire, and since by Pateyfamdey …
That some time in the latter End of December last, the Deponent received a letter from the said Mt Hurd, in the words and figures following--* Portsms 20th Deer 1770 Sir, I have "received your Letter per Capt Wheatly whose good Characte "will I believe obtain for him the Commission desired--Your "make no mention nor have { heard any thing from you about "the Right in Belham …
And the Deponent verily believes that the true reason why his application for a Grant of the said Islands will not probably succeed, is from a disgust excited by the Deponents conduct: and known Zeal for maintaining the authority of the Government of New York, on the West side of Connecticut River, in Conformity to the Royal Order of the Twentieth of July one thousand seven …
That this was usual in the Patents issued in that Province, That he has himself been concerned in sueing out five Patents under the Great Seal of New Hampshire, and that he always understood that the Governor and Council of that Colony paid no Proportion of the Fees, but that, that Burden was born by other Patentees, That the same Rights and Shares secured in the New Hampshire …
That this Deponent has been an Inhabitant of Hertford aforesaid for eight years last-past, and well remembers that the Proclamations by the Governments of New York and New Hampshire, notifying his Majestys Determination of the Boundary between those Governments were very Publickly known in that Country soon after they issued. That at that Time he believes there might be about …
That this Deponent was well acquainted with 'the late Governor Wentworth, and knows his manner of. granting the Crown Lands, the said Governor told this Deponent when he sued out the first of the five grants above mentioned, that there was no need of calling the Council for their advice therein, as he had obtained about the Close of the last War their general advice for …
Action brought against any Person on the East side of the Green Mountains, by any Person Claiming under New York, nor of, any Person there being imprisoned, except for Criminal Matters, and in Suits brought by the Inhabitants of that Country against each other, nor of any Persons property being wrested. from him, except that he has heard that some of the Lots reserved by the …
Majesty's Commands to Sir Henry Moore to grant no more of these Lands until further Order, as from the encouragements continually cireulating thro that, Country to that Import, which were there universally said and believed to come from Time to Time from Governor Wentworth, and this Deponent has no doubt that had it not been for those repeated Encouragements, the People would …
Portsmouth in New Hampshire, and was desired by George Jeffries Esquire Treasurer of New Hampshire to breakfast with him, which he did--That the said M' Jeffries desired this Deponent to attend while he read a Representation on the part of New Hampshire respecting the Lands on the West side of Connecticut River in the Province of New York, and the Distresses of the Settlers …
holding Jands under the Grants of this Government of New York in the Patents of Hosick and Renslaerswyck or one of them, that they had seized and drove off the Cattle of some of the said Tenants and had seized the Grain of one of them named Bostian Deal, and that they intended to distress every person holding within their Claim, who would not submit to hold under them That …
That they left the City of Albany on Saturday and arrived on the Sunday at Hosick where they were again inform- _ ed of the Proceedings of the Rioters as above set forth and they were gone to Bennington and threatened to return again on Monday Morning and accordingly about the break of the Day on Monday Morning the Sheriff and his Party were informed that the Rioters were …
Circulated a Petition addressed to his Majesty in the month of December last in Westminster to be subscribed by the Inhabitants thereof, praying that the Lands situate Westward of the River Connecticut in this Province might be reannexed to the Province of New Hampshire, shewed this-Deponent the said Petition and told him the deponent that the Sollicitors for subscriptions to …
_€, That this deponent was also informed that one of the said Petitions was handed about for subscriptions in Rockingham Westward of the said River Connecticut in the Month of December last by one Peter Bellows a son of one of the New Hampshire Magistrates but that very few of the Inhabitants of said Tract would subseribe the same, That Robert Heavens of Sharon in the County …
That Nathan Stone one of the Rietors of Windsor in the County of Cumberland shewed this Deponent another of the said petitions which he said .was delivered him in order to be subscribed ag aforesaid but that there was no subseribers thereto at the Time the said Stone shewed the same to this Deponent. D. That this Deponent has in his possession a map which he and another person …
Woodstock 10t July 1761, Bridgewater 10 July 1761, Arlington 28th July 1761, Sunderland July 29% 1761, Stratton 30th July 1761, Bernard 17 July 1761, Stockbridge 21st July 1761 Sharon 17" August 1761 Wethersfield Aug! 20 1761, Glossenbury Augt 20t* 1761, Shaftsbury August 20 1761, Ruport -August 20'* 1761, Dorset August 20" 1761, Springfield August 20 1761, Patvlet August 26 …
November 1761, Waybridge Nov' 34 1761, Middleborough 24 November 1761, Salsbury 34 November 1761, Charlotta June 24th 1762, Hindsborough 21st June 1762, Ferrisburgh June 24th 1762, Monckton 24 June 1762, Averell, June 29 1762, Lewis 29% June 1762, Pocock June 26% 1762, Luninbourgh 5 July 1763, Burlington 7 June 1763, Williston 7 June 1763, New Huntington 7 June 1763, Duxsbury …
That. this.Deponent is well acquainted thro a great part of that Country.and saith that of those numerous Tracts a small proportion of. them have any Inhabitants Claiming under New Hampshire.and that these in-General-are on some of the Tracts on and near Connecticut River; and on some Tracts to the Westward of .the Green Mountains And that in these Tracts to the East of the …
Whites males under 16 .......0.-00% cscve send coqeer es bEee Whites males above 16 and under 60......esececeeceeee 185 Whites males 60 and upwards...... Whites females, nader 16...;0ss:0 sie de pele ee ead che pedbicehee Whites females above 16... :+.0s10 «seed ele iG%4b bideaven Gd Blacks males ander 1B; «we ints i4eaeb deplexn head dheeek 2 Blacks males above 16 and under …
NEwBuRY Robert Johnston Err Chamberlin Thos Chamberlin Danl Tillotson Jacob Bayley David Weeks Jonathan Fowler Ephraim Bayley Peter Powers Thomas Johnson Samuel Hale Ephraim Spafford Moses Thursten Frye Bayley Gideon Smith Elisha Johnson Uriah Chamberlin John Foremon Abial Chamberlin Venice Heath Nathaniel Chamberlin Stephen McConnall Saml Barnett Hagness Johnson Jonathan …
THETFORD Samuel Gillett Jonn Howard Noah Sweetlon John Colson Joseph Downer Joseph Horseford. Benj Colborn Raben Strong John Strong . William Moore Israel Smith Saml Wise Saml Osborne Ebenezer Green Abner Chamberlin David Chamberlin Elijah Howard Edwd Howard Thos Chumley. Bnj. Chamberlin Timothy Bartholomew Jon: Sumney Abner Howard Peter Grant Edwd Howard Junr John Chamberlin …
I inclose you different affidavits taken before me concerning the conduct of the Inhabitants of this County in order that the Government may do something Speedily to prevent their Riotous behaviour every person that pretends to be a ffriend to this Government are in danger of both Life and property, for my own part I have done every thing that might be means to prevail, but …
Albany County ss: Personally appeared before me one Samuel Willoughby one of His Majestys Constables for the County aforesaid and made Oath that on the 16 day of this Instant May he was overtaken on the Kings highway by Thomas Frinch Charles Bullin and Martin Powel of Prince Town with a number of other Rioters whoes Names to this defendant is unknown (all armed with Clubs) …
Albany ss: Personally appeared before me Samuel Willoughby one of His Majesty's Constables for the County of Albany aforesaid and made [oath] that on the night of the 23¢ day of this Instant May, being under the necessity of going to Bennington to serve some Executions, he lodged at the House of Samuel Saford in said Town, that about the hours of nine or ten of the clock at …
Albany County ss: Personally appeared before me one David Wing of lawfull age and made Oath, that on or about the 21% day of May last, he was commanded to the assistance of Samuel Pease one of his Majestys constables for the county aforesaid, in order to take Thomas French of Prince Town for Rioting, with several others that upon their comming within the bounds of said Town …
Sworn before me at Fowlis this 24 day of June 1771 Joun Munro Justice. In Councit 34 Juty 1771--Ordered that the Deputy Secretary do write to the Sherif of the County of Albany, enclosing him copies of the preceding affidavits, and signifying his Excellencys Directions that he should apply to Mr Justice Munro for a Warrant or Warrants for apprehending the said Rioters, and …
the humble Petition of several officers and Soldiers who served in North America during the late war, and were reduced at the peace setting forth, " That in pursuance of His Majestys Royal "Proclamation of the 7 of October 1763, they did obtain war- "rants from the Lieutenant Governor of his Majesty's Province "of New York for sundry tracts of Land to be surveyed and "also …
Your Lordships are already apprized by former Reports of 714 CONTROVERSY RESPECTING THE this Board of the very extraordinary circumstances accompanying the Grants made within this District by the late Governor of New Hampshire and when we consider how extravagant those Grants are with respect to the quantity of Lands they contain and combine that consideration with the many …
We are sensible how difficult it will be ina case where so many opposite interests, depending upon Claims under very different circumstances, are to be considered to suggest any propositions that will coincide entirely with the hopes and expectations of all parties but when we reflect how important it is to all to have some speedy determination We cannot but flatter Ourselves …
The Claim that seems to us to deserve attention in the first place is that of those persons who possess Lands in this District under Grants legally and properly obtained from the Government of New York antecedent to any pretence' set up by the Government of New Hampshire to exercise the power of granting Lands to the westward of Connecticut River and before any such Grants …
The claim that in the second place seems to us to merit attention is that of those persons who in consequence of the Grants from the Governor of New Hampshire, have made actual Settlement and Improvement of any Lands not comprehended within the limits of the possessions above stated; for however disputable their titles may be upon the Ground of the Grants themselves yet there …
The third Claim and indeed the only remaining one which appears tous to merit particular indulgence is that of the reduced: officers and Soldiers, as well those comprehended within the petition referred tous by your Lordships as all others under the like circumstances who may have obtained warrants from the Government of New York for the survey of Lands to them in this …
With regard to the remainder of the Lands contained in this extensive District which if the foregoing propositions can by consent of the parties interested be carried into effect will remain for His Majestys diposal they are on all hands represented to be of great value & Importance not only from theirnatural situation ' & fertility but as including very extensive Tracts …
'When this service shall have been executed we see no reason why the residue of the Land may not be laid open to settlement & improvement from his Majesty; but we can by no means recommend to your Lordships to advise his Majesty to suffer the Governor and Council of New York to dispose of the said Lands either upon the terms or in the manner in which they have hitherto …
We have hitherto avoided stating to your Lordships the pretensions of those persons who claim the possession of Lands in this district under the exorbitant Grants from the Governor of New Hampshire but who have not taken any steps towards acquiring possession of the Land or for seating or improving the same We are persuaded your Lordships will agree with us in opinion that …
We are aware that the Claims of persons under this general description must vary in their Circumstances ; and that a greater regard and attention may be due to one than ought to be shewed. to another ; but it is we fear impossible to distinguish any different Case ; and we humbly conceive it is the less necessary in as much as these General Regulations will not preclude any …
As this claim of the above Society has already been considered as meriting his Majestys attention and was as we conceive in Great measure the foundation of that Instruction to his Majestys Governor of New York, by which the lands in this district were lockt up from settlement, until his Majestys further order were known, it becomes our duty to consider in'what step an adequate …
If these propositions should meet with your Lordships approbation & his Majesty should upon your Lordships advice think fit to adopt them we do not apprehend that any difficulty will arise on the part of those, whose different Claims are meant to be provided for or tha' ay other measure will be necessary for the present, than merely a transmission of the propositions _ …
We further beg leave to submit to your Lordships, whether it may not be proper in order to prevent disputes & for effectually securing the settlers under New Hampshire Grants in the possession of what they have already settled and improved conformable to what is before proposed that the actual state of such seating and improvement should be ascertained by a Jury of …
With regard to the lands proposed to be granted to other persons claiming under the New Hampshire Grants, but who have made no settlement or improvement whatever the execution of what is submitted in their case as well as in the case of the Residue of the Lands which will remain for his Majesty's disposal, within this district, must be suspended until the country has been …
GOVERNOR TRYON TO JUSTICES SKEENE, MUNRO &e. New York 24th August 1771. Gentlemen The inclosed Copy of a petition lately preferred to me will inform you of a Riot and Breach of the Peace committed on the 11% of June near Argyle Town, by one Cockran and fourteen armed men, in violently assaulting and dispossessing Donald McIntire and the other complainants of Lands granted to …
' Esq?s Justices of the Peace for the County of Albany or any two or more of them or any of the other Justices of the County. ' NEW HAMPSHIRE GRANTS. 721 JUDGE WELLS TO ATTORNEY GENL. KEMP. Brattleborough 18th Septem: 1771. Sir, As I presume Information of Every movement of the Government of New Hampshire to obtain the Lands on the west bank of Connecticut River to be annexed …
The Governour some time the fore part of last winter Requested the General Assembly to make a Grant to Defray the charge of exploring Connecticut River to its Source and making a plann of it to send to England (as I am informed) to shew that the River Comes more from the East than has hitherto been Immagined, and so much from the East as not to Touch the 45th degree of …
The manner of his proceeding and the Probability of a Fraud in Whitings Chart of the River is in Few words expressed in the enclosed deposition--the deposition perhaps might have been more particular had there been Time--but the Secrets of this Supposed Fraudilent Survey was unknown to me untill this morning, when Mr John Grout came here with M:' How the deponent and gave me …
Grant who assisted Whiting is a person within age and a Servant of Captain Holland. AFFIDAVIT OF NEHEMIAH HOWE. New York Cumberland County. Nexemian Howse of Putney in the County of Cumberland and Province of New York Gentleman came before me Samuel Wells Esquire one of the Judges of the Court of Common pleas for the said County of Cumberland and one of his Majesties Justices …
That this deponent conceives the Survey was Intended to be exact as far as to some Miles distance above Lancaster--but from there to what on that Survey took the Name of the head of the River, this Deponent is sure that Neither Mr Whiting Grant or any other person in the Party can be possibly able tu NEW HAMPSHIRE GRANTS. 723 assertain the Points of the Compass of the channel …
That some distance above the Township of Lancaster, but how great distance this deponent cannot say, a Branch from the east falls into the Main River; there the said Whiting Grant and the whole party Left the main River and followed the branch that falls in from the east, and near the Head of that Branch gave the name of the head of the River, which place on that Branch this …
That your memorialist has been an inhabitant of the City and County of Albany these 15 years past. That he has been in the Office of a Justice of Peace for these 4 years past, during which _ time, he hopes he has exerted 'himself with propriety in the administration thereof, tho' attended with uncommon difficulties, , 724 . CONTROVERSY RESPECTING THE arising from the conduct …
These are Therefore Praying your Excellency for the grant of the said Sheriftship of the said City and County of Albany to your Memorialist; for whose character and connection, he begs leave humbly to recommend your Excellency to Col. John Reid of this City And for your Memorialist's particular conduct in this Government, he requests the liberty of recommending your Excellency …
That the Deponent being unwilling to take any advantage of the Improvements the said Cross had so made, entered upon an Arbitration with him by Bond, in the Penalty of One Thousand or Five Hundred Pounds, the Deponent not having his papers with him, cannot recollect which, to abide by the award of Referrees, chosen between the Deponent and the said Cross, to settle what …
That when he complained of it, he was told by his Neighbours, he had better quit it for he would not be suffered to live in Peace, unlessghe would give up to Cross, what he had before obtained from him, in the Manner aforesaid ; and the said Cross, in particular, told the Deponent, that he expected to get the Land again; and that the Yorkers--(meaning the Owners of Wallumscock …
That about the beginning of August last, this Deponent being at his House, with his Brother in Law, Jacob Grodt, his wife and children, & a Negro Slave, he was alarmed by a number of Men about two Hours before Day-break, who came on Horse back, and demanded to see the Deponent, saying that they wanted to talk to him about New Hampshire Title. That the Deponent desired them to …
That the Deponent told them, as the Truth really was, that he was afraid to go out to them, on which they assured the Deponent, that they would not hurt him, and the Deponent thereupon ventured out of the Door, when he was immediately surrounded by eleven men, some of them disguised in Blankets like Indians, others with Handkerchiefs, and others with Women's caps on their …
They then said that he should go next morning and give Cross a Bond in the Penalty of One Thousand Pounds, to return him his Papers, and suffer him to enjoy the Land as he had done before his agreement with the Deponent. That the Deponent declined to make such Promise, and desired Time to go down to Kinderhook and advise with his Brother, they replied that they had nothing to …