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little Regard to the recent Claim of New Hampshire to Jurisdiction Westward of Connecticut River, but this Point as well as the legality of the Grants of both Governments must be left to the Judgment of Law; We shall only observe, that the Charters of that Province appear to us to have been made without express Authority from the Crown, after due Notice of the ancient Limits of this Colony, and without waiting for the Royal Decission as had been stipulated between the two Governments: On the other hand, that the Grants of New York were made under very different Circumstances, for the Royal Patents of the Duke of York left no Doubt as to the Eastern Limits of this Colony, and many of the Grants of New York were made even before New Hampshire claim'd Jurisdiction as far as to Connecticut River, and (where the Grants of the two Provinces interfere) our Grants rarely extend farther Eastward than the Ancient Patents granted by this Province.

The Townships at present under Consideration are confined to a small District more immediately connected with Hudson's River. The Body of the Inhabitants lie Eastward of these Towns, are obedient to the Laws, many have taken and the rest are in general soliciting Confirmations under this Government; while the People of Bennington and that vicinity, are Riotous and Disorderly, and tho' their Number is at present considerable We humbly conceive it would be both Impolitic and unreasonable to apply any Remedy to them, that might be Injurious to others, and its Consequences prove a source of perpetual Contest and Confusion. Indeed We are at a Loss to conceive upon what grounds the people of Bennington and that neighborhood can flatter themselves even by their application to the Crown, with any other hope than of obtaining Confirmations of such Parcels of their New Hampshire Grants as are not comprehended in any patents under this Colony, the rights of the New York patentees being as uncontrovertable as the claim of this province to the Jurisdiction of that country, and the Question of Property determinable only in the King's Courts of Law.

The Committee in great tenderness to a deluded people who are in danger of forfeiting the Favour of the Crown by resisting the authority of the Laws, and with a prospect of restoring

Peace in that District are nevertheless desirous that your Excellency should afford the Inhabitants of these Townships all the Relief in your Power, by suspending until his Majesty's pleasure shall be known, all prosecutions on Behalf of the Crown, on account of the Crimes with which they stand charged by the Depositions before us, and to recommend to the Owners of the contested Lands under Grants of this Province, to put a stop during the same Period to all Civil Suits concerning the Lands in Question, and to agree with the Setlers for the purchase thereof on moderate Terms.

And the Committee are humbly of opinion that your Excellency do adopt Measures so extremely lenient on their submission to the following Conditions.

That the Inhabitants of Bennington and the adjacent Towns concerned in the late Disorders, conform themselves to the Laws of this Government—That the Setlers on both sides shall continue undisturbed and that such as have been dispossess'd or forced by Threats or other means to desert their Farms, do in future enjoy their possessions unmolested.

And on Failure of the Observation of these Conditions on the part of the Inhabitants of the said Towns, that your Excellency do take all such legal and effectual Measures as shall be thought necessary to bring the authors of the late Violent Disorders in that part of this province, to speedy justice.

REPORT OF A PUBLIC MEETING AT BENNINGTON.

At a public meeting held at the Meeting House in Bennington on Wendesday 15th July A. D. 1772. Present of the Committee appointed to answer His Excellency William Tryon Esqr Governor of the province of New York to his Letter. dated New York 19, May last, & directed to the Inhabitants of Bennington & the adjacent Country on the East side of Hudson's River.

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Reuben Harmon for Rupert.

Daniel Comstock for Sunderland.

We as Messengers laid before the above Committee an Extract of the Minutes of His Majesty's Council of the aforesaid Province of N. York the 24 Instant together with his Excellency Gov Tryon's Letter of the same date directed to the Inhabitants of Bennington, &c and after reading the same to the above Committee & a numerous Concourse of the Inhabitants of the adjacent Country, & other Spectators, a full and unanimous vote was given in favor of the papers aforesaid, and the Thanks of the People returned to us for our Diligence in procuring those Papers. Peace was also recommended in the Whole of the New Hampshire Grants by all who were present; when the whole Artillery of Bennington with the small arms were several Times Discharged in Honor to the Govt & Councill of N. York. After which the following Healths were drank.

Health to the King.

Health to Govr Tryon.

Health to the Council of N. York.

Universal peace & Pelenty Liberty & Property, By sundry respectable Gentlemen some of Which were from the neighbouring Provinces.

STEPHEN FAY, JONAS FAY.

STEPHEN FAY.

The above is a true Copy

GOV TRYON TO THE INHABITANTS OF BENNINGTON

Gentlemen,

Albany August 11th 1772.

At the same time I express to you my satisfaction, by the opportunity of Mr. Fay, on the grateful manner in which you received and accepted the lenient measures prescribed by this government, for your peaceable conduct, until his Majesty's pleasure should be known, respecting the disputed claim to lands within this government, I cannot conceal from you my high ̧

displeasure at the breach of faith and honor, made by a body of your people, in dispossessing several settlers on Otter Creek, and its neighbourhood, of their possessions, during the very time the Commissioners you appointed to attend me at New York were waiting the determination of government on your petition, that you might remain unmolested in your possessions, until the King's pleasure be obtained. Such disingenuous and dishonorable proceedings, I view with great concern, considering them as daring insults to government, a violation of public faith, and the conditions granted to you on petition. To prevent, therefore, the fatal consequence that must follow so manifest a breach of public confidence, I am to require your assistance, in putting, forthwith, those families, who have been thus dispossessed, into re-possession of their lands and tenements, in the same manner, in which they were, at the time Mr. Fay and his son, waited on me at New York. Such a conduct on your part, will not fail of recommending your situation to his Majesty, and insure a continuance of my friendly intentions towards you.

WM TRYON. To the Inhabitants of Bennington, and the adjacent Country.

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ORDERS ON CERTAIN LETTERS RECEIVED BY THE COUNCIL OF NEW YORK.

In Council September 8th, 1772.

His Excellency communicated three Letters he had received from John Munro, Esquire, one of his Majesty's Justices of the peace for the County of Albany dated the 10th 17th and 21st August last, also a Letter of the 20th of the same Month from Ebenezer Cole and Bliss Willoughby, respecting the Conduct and Behaviour of the Inhabitants of Bennington, and the other adjacent Towns, since the Hearing before his Excellency in Council, and the opinion of this Board on the Petition of the said Inhabitants on the first day of July last: Which letters were Read, and with the papers referred to therein, Ordered to be filed.

His Excellency also communicated to the Board a Letter of the 25th August last, which he had Received from the Inhabitants of Bennington and the Towns in its Neighbourhood, offering Reasons in Justification of their late Conduct, in dispossessing of their Habitations, several persons setled on Otter Creek, during the Time the Agents from the said Townships were attending his Excellency and waiting the Determinations of Government on their petition. The said Letter being Read was Ordered to lie for further Consideration; and it appearing that the persons so dispossessed were seated on Lands belonging to Colonel Reid, it is Ordered that an Extract of so much of the said Letters as relates to that Subject, be delivered to him for his Information.

1

In Council 29th Septr 1772.

His Excellency laid before the Board a Letter from Gloucester County of the 22d August last, giving Information of the Concertion of Measures both in the Massachusets Bay and New Hampshire for exciting petitions to his Majesty for extending the Jurisdiction of New Hampshire to the Westward of Connecticut River, for confirming the Grants of that Colony. within this Government, and for vacating the Patents under the Great Seal of this Province in the District adjudged to belong to it by the Royal Decision of July 1764: And his Excellency requiring the Opinion of the Council as to that Intelligence, and on the Letter communicated to and Read at this Board on the 8th Instant from the Inhabitants of Bennington and its Vicinity, justifying their late Conduct in dispossessing sundry persons setled near Otter Creek on Lands granted and held under this Province-The Council observed that these riotous and disorderly people at first confined their Claims to the Lands they then possessed by the Grants of New Hampshire and were but few in Number, at the Time his Majesty's Order was published declaring the Western Banks of Connecticut River as the Limits between his two provinces. That their present Claims include not only all those

1 For this letter see Slade, 30

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