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Sir

LORD DARTMOUTH TO GOVR TRYON.

[ Lond. Doc. XLIII. ]

Whitehall October 14th 1773.

The inclosed extract of my letter of this day's date to General Haldiband will inform you that the King does not think fit that His Majty's Troops should be drawn out in aid of the Civil power in the Colonies, unless in cases of absolute and unavoidable necessity; and that your requisition in consequence of the advice of your Council is not under all the circumstances of it approved by his Majesty. I am ettc

DARTMOUTH.

APPLICATION FOR AN ARMED FORCE

TO PROTECT THE SETTLERS OF DURHAM FROM THE BENNINGTON MOB.

To His Excellency William Tryon Esquire Captain
General and Governor in Chief in and over the
Province of New York and the Territories depending
thereon in America Chancellor and Vice Admiral of
the Same.

The Petition of Benjamin Hough and many other of his
Majesty's Subjects inhabiting the County of Charlotte
and the North Eastern District of the County of
Albany.

Humbly Sheweth

That the Petitioners are faithful Subjects of his Majesty and have always Demeaned themselve dutifully towards Government.

That without the least Provocation on their Part, they are involved in the greatest Danger and Distress, from the violence of a riotous set of men distinguished by the Name of the Bennington Mob, and who in defiance of the Dictates of Justice and Compassion, daily perpetuate the most flagrant Acts of Cruelty Outrage and oppression against all who submit to the Authority or hold under the Title of the Government of New York. That they often Assemble in great Numbers and travelling armed

from Place to Place Spread Terror and Desolation in that Country, insulting and beating the Persons, burning and demolishing the Houses and Destroying the property of all who are so unhappy as to become the objects of their Fury.

That so great are their Licentiousness and Presumption, that contented with the Lands which they are suffered to possess and the unimproved Part of the Country which they daily seize and dispose of without Molestation, they have formed the inhuman Resolution to strip every Inhabitant of his property who restrained by a sense of Duty will not engage in their Excesses.

That by the most insolent Menaces, they have intimidated Several of the Magistrates appointed by this Government for that District from Qualifying on their Commissions; and against the few who had Resolution to disregard their Threats, they denounced Destruction. Two they seized and brought to an ignominious Trial before Judges appointed by their own Authority, avowedly for accepting their Offices when they were forbidden by the Chiefs of the Mob. Their Houses they sentenced to be burned or demolished and compelled them to renounce their Commissions and engage that they would no longer execute the Duties of their Stations. The Coroner of the County they also attempted to seize, and because refusing to submit to their Tribunal he made his Escape, they sentenced his House to be burned to the Ground, which was vigorously executed in open day; and not contented with this Revenge they hunted after and pursued him, openly proclaiming that if he should be discovered they would shoot him without Mercy. That they have forwarned the Undersheriff of the County, from executing any Process within what they call their District, on pain of Severe Chastisement; and have insulted the Commissioners of the Highways appointed by Law, declaring that they will not submit to any of their Regulations but will oppose all their Acts and Proceedings by Force of Arms. With the same flagitious spirit they have interposed in Disputes respecting private contracts; Rescued several Prisoners for Debt and in one Instance threatened to beat the Plaintiff and to Demolish his House, unless he acquiesced, fined the Constable for executing the Process, and

compelled him to engage that he would never serve as an Officer of Justice under the authority of New York.

That at the Time of their late Irruption into Durham, they openly avowed that in their next Visit they would reduce every House to Ashes and leave every Inhabitant a Corpse.

That several of the Inhabitants of Durham and other Towns, after having been cruelly whipped aud mal-treated have been compelled to abandon their Property and consult their Safety by Flight

That the Civil authority in that part of the Country terrified and obstructed by the most insolent outrages, is altogether Silenced, neither Magistrates nor inferiour Officers being able to Officiate in their respective Stations either in the Protection of the Persons or for the Recovery of the Debts of the Injured.

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That the Inhabitants of Durham and many others holding under this province, have at considerable expence purchased Titles under the New Hampshire Charters to the Lands they possess, in hopes thereby of enjoying in Peace the Fruits of their Labour, but find themselves totally disappointed, the Rioters insisting that they shall become of their Number, conform to their Regulations, and act as they do in open defiance of all Law and Government.

That under these Circumstances they are reduced to the hard Necessity of associating with the Rioters, or of abandoning their Settlements, and unwilling to embrace the former must be forced to submit to the latter and fly the Country, though to the utter Ruin of themselves and their Families; unless supported by the Aid and Protection of Government.

That the principal actor's in these Violences are Remember Baker, Ethan Allen, Seth Warner, Robert Cockren, Silvanus Brown, John Smith and Peleg Sunderland. That they are encouraged and excited to the Perpetration of these daring offences, by men who do not openly appear, but are chosen by the rest as Councilors and Advisors of all their Measures, and among whom the Petitioner is well inform'd are Stephen Fay, Jedediah Dury, Samuel Safford and James Brakenridge.

Thus from the Temper of these disorderly People your Petitioner is persuaded they are only to be restrained by Force, but

as your Petitioner in imploring the Assistance of Government has no other view than his own and the Security of the other Sufferers, against future Insults unconnected with any Contest respecting the Property of the Soil, he humbly conceives a very small Body of Men will effectually answer this purpose; And the Facts asserted by your Petitioner being proved by his own and the Depositions of Benjamin Spencer, Jacob Marsh, Nathan Rice, Anna Button, and others that have been presented to your Excellency.

Your Petitioner therefore most humbly beseeches your Excellency to take the Promisses into Consideration, and to Grant such Relief to the distressed Setlers under this Province, as your Excellency in your great Wisdom shall judge expedient in their present truely deplorable Situation.

And your petitioner shall ever pray &c

BENJAMIN HOUGH

for himself and the rest of the Petitioners.

New York 2d February 1774.

(Endorsed) 1774 March 234 Read in Council and ordered that his Excellency transmit a Copy thereof together with the depositions referred to the House of Assembly.

THE BENNINGTON MOB ERECT THEIR JUDGMENT SEAT.

FURTHER PARTICULARS OF THEIR EXCESSES.

Charlotte County ss: BENJAMIN SPENCER of the Township of Durham in Charlotte County Esq" one of his Majesty's Justices to keep the Peace in the said County assigned being duely sworn on the holy Evangelists deposeth and saith That in the night of Saturday the Twentieth Day of November last past he the deponent was alarmed with the Noise of People breaking into his House, and the outward door of his house being broken and beat down with an ax Remember Baker and Ethan Allen rushed

into the Room where the deponent with his wife & some others of his Family were in Bed. That Ethan Allen with some curses ordered the Deponent to rise and go with them and told the deponent that he had been a damned old offender and the Township of Durham a Hornets Nest in their way and they were now determined to put an End to it by making them concede to take and hold their Lands under New Hampshire and submit to the Rules of their Mobb, or by destroying their property and making them quit the Country. That the Deponent not being able to dress himself as quickly as the said Baker and Allen thought necessary the said Ethan Allen struck the deponent a severe Blow on the Head with a Gun. That in the mean Time several other Men armed with Guns had rushed into the Room and many others of them had their Guns put in and pointed thro' the windows whilst the Deponent was puting on his Cloathes. That the said Remember Baker and Ethan Allen with their associates then hurried away the deponent about two miles over a Hill to the House of Thomas Green in Kelso where they put him under the Guard of four men with loaded Guns. That they detained the deponent there at the House of the said Green under a Guard until the next Monday Morning following, with frequent Threats, and many insults by the most opprobrious Language. That the Deponent was then taken by the armed Mobb, and under the particular Guard of some of them from time to time appointed for the purpose, to the House of Joseph Smith of Durham Inkeeper where they had concluded to hold their Court. That they afterwards determined to hold their Court near the Deponents House that they might more conveniently destroy it, and with the deponent guarded by Armed men at each side they went to the deponents House That their force by that Time collected amounted to between one Hundred and Thirty and one hundred and fifty Men as the deponent believes all Armed with Guns. That soon afterwards Remember Baker, principall, erected what they called the Judgment Seat and Ethan Allen having made a Harangue to the Mobb, the said Ethan Allen and Seth Warner, Remember Baker and Robert Cockran took their Seats as Judges, & the Deponent being ordered by them to stand before them uncovered was by them accused in Substance as follows; first,

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