burn it for that morning they had resolved to offer a burnt Sacrifice to the Gods of the world in burning the Logs of that house That then they kindled 4 fires on the Logs of the house Said Allen & Baker holding 2 clubbs over the Deponents head ready to strike Commanded him to leave that land & not say one word to them. That if ever he returned he should be barbarously used. That the fires being kindled said Allen & Baker Insolently said to the Deponent-Go your way now & complain to that Damned Scoundrel your Governor. God Damn your Governour, Laws, King, Council & Assembly. That said Allen & Baker repeated said horrible Curses. That when the Deponent reproved them for it the said Allen said G-d Damn your Soul, are yon going to preach to us-and further said That if ever any Constable attempted to arrest them they would kill them That if ever any of them were put in Albany Goal they would break it down & rescue him, That then the Deponent fled to New Perth where he now resides with his family.

That the Deponent is credibly informed they often boast they can on short warning raise many 100s New Hampshire men to prevent any Soldiers or others Settling on these lands & curse the regular troops--That said Rioters have also burnt down the house of one John Reid that same day, that 8 or 9 more familys were driven off their lands in the Deponents vicinity lately grant'd to them by N. York Government according to His Majestys Instructions. That said Expell'd people were all living in & about New Perth & suffer'd greatly by said Expulsion of said New Hampshire men who now claim said lands that the Deponent is also credibly Inform'd said Allen Denys the Being of a God & Denys that that there is any Infernal Spirit existing, & further Saith not.

Sic. Subscribitur CHARLES HUTCHESON.

These are Therefore in His Majestys name Commanding you John Reid Constable in said County forthwith to Call a Competent Number of Her Majestys good Subjects in your vicinity to Arms & go to the place called Rupert were it is said these Rioters reside & by all due means aprehend the said Baker, Allen, Sevil & Robt Cochran with their said Accomplices & them bring

forthwith before me or some other of His Majesty's Justices of the Peace in & for said County to be Dealt with according as the Law Directs. Given under my hand & seal at New Perth the 12th day of Nov 1771.

Sic Subscribitur ALEX: MCNAUGHTON.

Sir

ESQR MCNACHTON TO COL. FANNING.

Esqrs Monro & Skeen being indisposed & living at a great distant the Expell'd people sent me word & I met them at Dr Clarks house in New Perth this day, Issued warrants to apprehend the New Hampshire rioters & traitors but their number & Situation in the mountains in such that I am of Opinion no Sheriff or constable will aprehend them That it will be highly necessary for His Majestys Peace & the relief of these distrest highlanders who fought valiently thro' the last campaign that His Excellency in Council Issue His Proclamation offering a reward for apprehending those abominable wretches That then some person of their own sort will artfully betray them This I only sugest in all humility but on the very Eve of a long hard winter it is very Schocking to see so many poor familys reduced to so great Distress and if they had not been hospitably entertained by the Rev'd M Clark & his people their Straits must have been exceeding great. An attempt will.be made in a few days to arrest them & shall then advise you of the event am Sir Your most Humble Servant ALEXANDER MC NACHTON.

New Perth Novr 12th 1771.
To Col: Fanning Secretary

MINUTES OF COUNCIL

RELATIVE TO THE GOVERNOR OF NEW HAMPSHIRE'S LETTER TOUCHING

THE RIOTOUS BEHAVIOUR OF THE NEW HAMPSHIRE GRANTEES.

[Counc. Min. XXVI.]

IN COUNCIL November 13th 1771.

His Excellency was pleased to communicate a Letter of the 19th day of October last, from Benning Wenthworth Esqr Governor of the province of New Hampshire, in Answer to a Letter from his Excellency the Governor of this province, complaining of an Exparte Survey of the River Connecticut lately made by the Government of New Hampshire, also informing Governor Wentworth of the Riotous Behaviour of Persons within this province claiming Lands under Grants of New Hampshire, and that the Riotous Spirit of those people seems to be greatly owing to the assurances they pretend to have received from Governor Wentworth that the Line will be altered. so as to include the said claimants within the Jurisdiction of his Governmentin which Letter Governor Wentworth utterly disclaims any such or the like Assurances, and declares that he had invariably recommended implicit obedience to the Laws, and upon all occasions positively disavowed any connections with those people, and observes that he thought it unnecessary to consult this Government previous to the late Survey of Connecticut River, as that River is comprehended within the Limits of his own Government.

The Board taking into Consideration the dangerous Tendency of the Disturbances at present prevailing in that part of the Country, and that Governor Wentworth had not thought proper by public act of his Government to disavow the assurances, the Rioters pretend to have received from him, humbly advised his Excellency, and it is accordingly ordered by his Excellency the Governor with the Advice of the Council, that a proclamation be prepared notifying the declaration of Governor Wentworth on this subject contained in his Letter above mentioned-Stating the claim of this Province to the Lands Westward of Connecticut River-Strictly injoining the Inhabitants of those Lands to yield

Obedience to the Laws within this Government: And derecting the Magistrates and other Civil Officers to be vigilant in their Duty and attentive to the Preservation of the public Peace; and to transmit the Names of all offenders herein, that such measures may be taken for their punishment, as the Nature of their Crimes shall require And that the Draft of such proclamation when prepared be laid before his Excellency for the approbation of this Board.

ORDER IN COUNCIL FOR THE ARREST OF ETHAN ALLEN AND OTHER RIOTERS.

[ Counc. Min. XXVI. ]

IN COUNCIL November 27th 1771. His Excellency communicated to the Board a Letter from Alexander McNaghten Esquire, one of his Majesty's Justices of the Peace for the County of Albany, advising that he had in pursuance of his Excellency's Directions by the Advice of the Board of the 21st August last, inquired into the Riotous Conduct of the persons who had forcibly dispossessed Donald McIntire and others, seated on Lands Eastward of Hudson's River under Grants of this province, and had issued a Warrant for apprehending Robert Cockran and three other persons, known by the Sirnames of Allen, Baker and Sevil, charged with pulling down and burning the House of Charles Hutcheson, and with burning the House of John Reid: But that he apprehended the Number of the New Hampshire Rioters and their situation in the Mountains was such, that no Sherif or Constable would apprehend them and that it would be highly necessary for the public peace and the Relief of the sufferers to offer a Reward for apprehending the offenders-Whereupon it is ordered by his Excellency the Governor with the advice of the Council, that a proclamation issue for apprehending the said Cochran, Allen, Baker and Sevil, and the other Five persons charged with the Felony and the Riots lately committed by them, and offering of Twenty

pounds to be paid to the Persons who shall apprehend and secure each and either of the said offenders, that they may be proceeded against as the Law directs.

[Here follows the Proclamation above directed, dated 9th Dec'r 1771, which is omitted as its substance is embodied in the preceding Order.-ED.]

PROCLAMATION

REITERATING THE RIGHT OF NEW YORK TO THE TERRITORY IN DISPUTE.

Whereas it is the ancient and incontestible Right of this Colony to extend to Connecticut River as its Eastern Boundary; and sundry loose and disorderly Persons pretending a Claim under New Hampshire to Lands far Westward of the said River, and even within seventeen miles of Hudsons River daily commit Acts of Violence; openly bid Defiance to the Authority of this Government by opposing the Execution of every legal Process; and have lately burnt several Dwelling Houses, and by Force dispossessed divers Person seated under Titles derived from this Colony; which riotous spirit is stimulated and upheld by artful and wicked Men, who endeavor to delude the Ignorant and unwary into a Belief that a twenty mile Line from Hudsons River, is the Boundary between this Province and New Hampshire, and that its Jurisdiction will be fix'd and ascertained accordingly by his Majesty's Authority, agreable to the assurances they pretend to have received from the Governor of New Hampshire; altho' by a Letter to me of the 19th day of October last his Excellency the Governor of that Province utterly disclaims any such or the like Assurances,