As this proposition appears to us to be just and reasonable in every light in which it can be viewed we trust your Lordships will agree with us in opinion that it will be fit for his Majesty to give his Royal sanction to it and therefore we beg leave to recommend to your Lordships to advise his Majesty to send such Instructions to his Governor of New York as shall correspond therewith.

Report of the Lords of Trade on the French Seignories on Lake Champlain.

[Now-York Xntries, LXIX., 44. ]

To the Right Honble the Lords of the Committee of His Majestys most Honbl• Privy Council for Plantation Affairs.

My Lords

› Pursuant to your Lordships order dated the 17th day of June 1772, we have taken into our consideration the Petition of Michel Chartier de Lotbiniere, Cheavalier and styling himself Seigneur de Alainville and d'Hocquart, setting forth amongst other things that he has been deprived and dispossessed of his two Lordships of d'Alainville and d'Hocquart situated at the head of Lake Champlain in a most advantageous position and consisting of the best and richest land in the Province of New York to which they were annexed eighteen Months after the Treaty of peace and humbly praying for the reasons therein contained that they may be reinstated in the full enjoyment of his said two Lordships in the same manner as when under the Government of France and that he may be reimbursed the expense he has been at in endeavouring to obtain redress therein and to be indemnified for having been kept out of his estate and property for so long a time as well as for the damage his said Estates may have sustained. Whereupon we beg leave to report to your Lordships,

That the petition of Monsr de Lotbiniere refers to two tracts of Land under very different circumstances..

With regard to that Tract which is claimed by the Petitioner under a Title derived from a purchase made by him of Monsr d'Hocquart in April 1763 after the conclusion of the peace with France, it consists of two Seigneuries which amongst several other Seigneuries were granted by the most Christian King or under his Authority by the Governor of Canada upon Lake Champlain after France had in violation of the Rights of the Crown of Great Britain

usurped the possession of the late and the circumjacent Country and forcibly maintained that possession by erecting in the year 1731 a fortress at Crown Point.

It appears by the most authentic evidence upon the Books of our Office that Lake Champlain and the circumjacent Country were at all times claimed by the five nations of Indians as part of their possessions and that by agreement with them the Land on both sides the Lake to a very great extent was granted by the Gov" of New York to British Subjects long before any possession appears to have been taken by the Crown of France which having by the express stipulation of the fifteenth Article of the treaty of Utrecht acknowledged the Sovereignty of the Crown of Great Britain over the Five Nations had upon every principle of Justice and Equity precluded itself from any claim to the possession of any part of their Territory

Upon these Grounds it was that erecting a Fort at Crown Point in 1731 was then, and ever after complained of as an Incroachment on the British Territories and a violation of Our Rights and so carefull were the Ministers of this Country to preserve those Rights that when in the consequence of the Treaty of Aix La Chapelle Commissaries were in the year 1750 appointed to settle with Commissaries on the part of France the limits of each others possessions in North America, they were instructed to insist that France had no Right to any possession on the South side of the River S' Lawrence.

Under these circumstances therefore and for as much as we are clearly of opinion that the Stipulations of the Treaty of Paris, by which Canadian property is reserved doth both in the letter and Spirit of them refer only to the property and possession of the Canadians in Canada of which we insist that the Country upon Lake Champlain was no part, we cannot recommend to your Lordship to advise his Majesty to comply with what is requested by the Petitioner or to do any Act which may in any respect admit a right in the Crown of France to have made those Grants under which the possessions upon Lake Champlain are now claimed either by Canadian Subjects or others deriving that claim under purchases from them: We do not however mean by any opinion of Ours to prejudice their claims in any Suit they may bring for establishing those claims by due course of Law and we submit [whether] under any circumstances of the Case the question in dispute between these claimants and the possessors under New York Grants can be properly decided by his Majesty in Council, unless upon any appeal from such Courts as have constitutionally the cognizance of such Matters.

On the other hand when we consider that many of his Majestys Subjects trusting to the validity of the Canadian Titles have become proprietors of these Seigneuries under purchases for valuable considerations We cannot but be of opinion that the making Grants under the Seal of New York of any part of those Seigneuries was an unjust and unwarrantable proceeding That the claimants therefore ought to be quieted in the possession of at least those parts which remain yet ungranted by such order as his Majestys Law Servants shall think more effectual for that purpose that the Governor of New York should receive the most positive orders not to make any further Grants whatever of any part of the Lands within the limits of any of these Seigneuries and that a suitable compensation should be made to the claimants for what has already been taken away by giving them gratuitous Grants, equivalent in quantity, in other parts of his Majestys Provinces of Quebec or New York.

With regard to the other Tract claimed by the petitioner under the description of the concession of d'Alainville, when we consider its situation to the South of Crown Point, that it is stated to have been granted to him at a time when his Majestys Armies had penetrated into, and occasionally possessed themselves of the Country and that independent of these objections

there is no evidence of the Grants having been ratified by the Crown of France, or registered within the Colony we cannot recommend to your Lordships to advise His Majesty to give any countenance thereto; But if the Petitioner, if he thinks he has a good title, should be left to establish that Title by due course of law in such mode as he shall be advise1 to pursue for

that purpose.

Having said thus much upon the merits of the petition itself, in so far as it regards the validity of the petitioners title to the Lands he claims we think it necessary in Justice to the noble Lord, that presided at this Board in the year 1764 to take some notice of what is alledged therein in respect to the declaration said to have been made by his Lordship to the effect of what is stated by the petitioner; and to observe that admitting that his Lordship had, in conversation with the petitioner made use of the expressions he states, they could only refer to possessions and property in general any where, to which he could shew a legal title; and as an evidence of this meaning we beg leave to lay before your Lordships the annexed extract of a letter to the Lieutenant Governor of New York written in consequence of the petitioners application and subscribed by the Earl of Hillsborough which is so far from admitting a Title in the petitioner to these Lands which he claims in particular that it expressly reserves any discussion upon that question until the evidence of the legality of the Title should be more authentically adduced and in the mean time with equal Justice and humanity forbids any further Grants being made within the limits of the Seigneuries claimed by the Petitioner

Lieutenant-Governor Colden to the Earl of Dartmouth.

[New-York Papers (B. P. O.) CLXVII., No. IT. ]

My Lord

New York 7th June 1775

My Letter to your Lordship No 16 of the 3d of May, and the minute of Council then transmitted, contained a full account of the unhappy confusion and disorder introduced into this Province in consequence of what had happened at Boston on the 19th of April. After those accounts, and every particular circumstance of our situation which your Lordship would be informed of, by the Gentlemen of the Council, and others who went to England in the May Packet, you will not be surprized to hear that congresses and Committees are now established

in this Province and are acting with all the confidence and authority of a legal Government. The Provincial Congress of this Province, now setting, consist of upwards of 100 Members. Except the remote Counties of Tryon, Gloucester and Cumberland, and some districts in Queens County on Long Island, every other part of the Province have sent Deputys. The City Committee and Sub Committees in the Country places, are likewise kept up; and that the new Plan of Government may be compleat, for carrying into execution the determinations of the continental and Provincial Congresses, those few places which have not yet appointed their sub Committees are now called upon by the provincial Congress to do it immediately. The principal matters said to be under consideration in the Congresses are raising money and an army to oppose the Kings Forces, and erecting such Fortifications as may best keep the command of the Country, and obstruct the March of an army. The Congress are well aware, that an attempt to raise money by an immediate assessment upon the People, would give a disgust that might ruin all their measures, and therefore propose to do it by issuing a paper Currency. I am told this measure has been referred by the Continental Congress to the several Provincial Congresses and that the Congress of New York have approved of it, as no doubt all the others will.

The Places proposed to be immediately fortified, in this Province, are Kingsbridge, upon the little River which separates the Island of New York from the Continent, about 14 miles from the City and some place on each side of Hudsons River, which may be best situated for maintaining the Command of that River. It was mentioned in the Minute of Council transmitted with my last letter to your Lordship, that a number of Cannon were removed from the City into the Country. The Continental Congress approved of this measure and recommended that all the Cannon and Ammunition should be removd into the Country, except those belonging to the King; which has accordingly been done. I am told the amount to above 100 Pieces of Ship Cannon belonging to the Merchants, tho' many of them are not fit for use. It is said there is but a small quantity of Ammunition in this Province, it having been bought up by the New England People, whatever there is, is removed into the Country. The Spirit of arming, and military Parade still runs high in the City Several companies are formed who have appointed their own officers, are well armed and cloathed in uniform, The Contagion has not yet spread much in the Country where the people would be very glad to remain quiet, but indefatigable pains are taken to bring the whole Province into one plan of Measures

It must excite the most poinant sensations of Pain and anxiety, my Lord, in every Breast where the principles of humanity, are not obliterated by the rage of Political Enthusiasm, to see a people thus calmly determine to involve a Country in dreadfull War and desolation; not even seeming to pay the least attention to a peaceable accomodation tho' benevolently held out to them by their gracious Sovereign and the Parliament In this gloomy prospect of affairs the friends of Government have received a glimpse of hope upon hearing that Mr Duane a Delegate from New York, has moved in the Continental Congress to introduce a plan of accommodation which produced a warm debate but was carried in favor of the Motion. Any measures, my Lord are to be preferred to those of Hostility. A Negotiation once begun, will give the people time to cool, and feel the consequence of what they have already done, before they become as desperate as are the Eastern Colonies

I transmit your Lordship Copies of an address made to me by the Committee of New York on the 13"1 of last month, and of my answer It is evident that the real design of the address, tho' the pretence is different was to take an opportunity of declaring their Sentiments upon the

present unhappy controversy. A direct answer to this, tho' the material part of the address, I was well convinced would not be of any use at this time of Delusion. I therefore, in opposition to their assertion that all applications from the Colonies have been rejected introduced a short account of the benevolent disposition of His Majesty and the House of Commons as expressed in your Lordships letters and the resolution of that House. The recent instance of Disorder attended to in my answer, was a most scandalous outrage upon Dr Cooper,1 the president of our College. He narrowly escaped being seized by a Mob, who broke the College Gate open, and would certainly have committed the most violent abuse upon him if he had not happily saved himself by Flight. The Doctor is since gone from this distracted country to England and will give your Lordship a further particular account of the transactions here. The odium excited against him is for his warm attachm' to Government and his being a supposed author of almost every peice that was published on that side of the Question I presume your Lordship is so well acquainted with his Character & Merit that I need not add anything to introduce him to your attention. Mr Revington the Printer of one of our newspapers was attacked by the same Mob and rescued out of their Hands by the Resolution of one or two friends He has since taken refuge on Board of the Man of War and will not yet venture to return to his House. His Crime is only the liberty of his Press

While these transactions engrossed the attention of the City a matter of greater importance was carried on in the Northern part of this Province No less than the actual taking His Majesty's Forts at Tienonderoga and Crown Point, and making the Garrison Prisoners. I have not any account my Lord of this affair, but what I have collected from the Current Reports for all intelligence to Government, thro' the country is effectually cut off. The only people of this Province who had any hand in this expedition, where that set of lawless people whom your Lordship has heard much of under the name of the Bennington Mob. They were joined by a party from Connecticut and an other from Massachusetts Bay They surprised the Garrison & took the Forts without opposition. The Prisoners are carried into Connecticut These people advanced across a lake as far St Johns; took a Vessel there and destroyed a number of Boats and some Store Houses. This will retard the operations which Governor Carleton will probably undertake on this occasion. He alone has it in his power to do any thing in that quarter, and I hope he may have an opportunity of severely retaliating this wanton Act of Treason. Many people there are of opinion, my Lord, this has been a plan concerted by our neighbours of the East, in order to embarrass this Colony, and impell us into a situation like their own-It is evident that all the neighbouring Colonies saw with outmoust Jealousy, the moderate Temper of the Majority of our people, and the conduct of our Assembly—They determined to hold up such terrors as should effectually prevent us from accepting of the indulgences and favours intended by Parliament. We were looked upon as highly inimical to their Designs, and plans were laid to effect our Destruction, or produce an explicit union with them which have been executed with great success I am told the People who took the Forts, immediately dispatched a Messenger to the Continental Congress but I have not learnt, with any degree of certainty, what resolutions either they or the provincial Congress have taken upon it.

His Majesty's Ship Asia came into our Harbour about ten days since. In my letter of March 1st No 13 I informed your Lordship that I had suggested to Admiral Graves the propriety of sending one of the large Ships to this Place. He answer that I might expect the Asia here by the

'See note, tvpra, p. 297.- ED.