Hitherto, New-York had founded her claim to the lands in question, on the grant to the Duke of York. Not choosing, however, longer to rely on so precarious a tenure, application was made to the crown for a confirmation of the claim. This application was supported by a petition, purporting to be signed by a great number of the settlers on the NewHampshire grants, representing that it would be for their advantage to be annexed to the Colony of New-York, and praying that the western bank of Connecticut river might be established as the eastern boundary of that Province. Accordingly, on the 20th of July, 1764, the following order was made by the King in Council, viz:

At the Court at St. James's, the 20th day of July, 1764.

WHEREAS there was, this day, read at the board, a report made by the Right Honorable the Lords of the Committee of Council for plantation affairs, dated the 17th of this instant, upon considering a representation from the Lords Commissioners for trade and plantations, relative to the disputes that have, some years, subsisted between the Provinces of New Hampshire and New-York, concerning the boundary line between those Provinces:-His Majesty, taking the same into consideration, was pleased, with the advice of his privy council, to approve of what is therein proposed, and doth accordingly, hereby order and declare the western banks of the river Connecticut, from where it enters the Province of the Massachusetts Bay, as far north as the forty fifth degree of northern latitude, to be the boundary line between the said two Provinces of New-Hampshire and New York. Wherefore, the respective Governors and Commanders in Chief of his Majesty's said Provinces of New-Hampsire and New York, for the time being, and all others whom it may concern, are to take notice of his Majesty's pleasure, hereby signified, and govern themselves accordingly.

W. BLAIR.

Surprised as were the people on the New Hampshire grants, at this order, it produced in them no serious alarm. They regarded it as merely extending the jurisdiction of New-York, in future, over their territory. To this jurisdiction they were willing to submit. They had no apprehension that it could, in any way, affect the title to their lands. Having purchased, and paid for those lands, under grants from the crown, they did not understand by what perversion of justice, they could be compelled,

by the same authority, to re-purchase, or abandon them. The Governor of New-Hampshire, indeed, remonstrated against this change of jurisdiction, but was, at length induced to abandon the contest; and issued a Proclamation," recommending to the proprietors and settlers due obedience to the authority and laws of the Colony of New-York."*

The government of New-York gave a construction to his Majesty's order, widely different from that of the people on the New-Hampshire grants. It was contended that the order had a retrospective operation, and decided, not only what should, thereafter, be, but what had always been, the eastern boundary of New-York; and that, consequently, the grants made by the Governor of New Hampshire were void.

In this state of things, the Government of New-York proceeded to ex. tend its jurisdiction over the New-Hampshire grants; “dividing the territory into four Counties, and establishing Courts of Justice in each."+ The settlers were called on to surrender their charters, and re-purchase their lands under grants from New York. Most of them peremptorily refused to comply with this order. New grants of their lands were, therefore, made to others; in whose names, actions of ejectment were commenced, and judgments obtained, in the Courts at Albany.

The attempts to execute these judgments, by dispossessing the settlers, met with a determined and obstinate resistance. For the purpose of rendering this resistance more effectual, various associations were formed; and at length, a convention of Representatives from the several towns on the west side of the mountains was called. This convention, after mature deliberation, appointed Samuel Robinson, of Bennington, an Agent, to represent to the Court of Great Britain the grievances of the settlers, and obtain, if practicable, a confirmation of the New-Hampshire grants.‡ Mr. Robinson proceeded to London, and laid the subject before his Majesty, The following document will show the result of his mission

At a Court at St. James's, the 24th day of July, 1767.

* Allen's history of Vt. Williams history. Allen's history.

His Majesty taking the said report [a report of the board of trade] into consideration, was pleased, with the advice of his private council, to approve thereof, and doth hereby strictly charge, require and command, that the Governor or Commander in Chief of his Majesty's Province of New-York, for the time being, do not, upon pain of his Majesty's highest displeasure, presume to make any grant whatsoever, of any part of the lands described in the said report, until his Majesty's further pleasure shall be known, concerning the same.

A True Copy,

Attest,

WILLIAM SHARPE,

GEO. BANYAR, DEP. SE'CRY.

Notwithstanding this explicit prohibition, the Governor of New-York continued to make grants; and writs of ejectment continued to be issued, returnable to the Supreme Court at Albany. On trial of these actions, it was decided that duly authenticated copies of the royal orders to the Governor of New Hampshire, and of the grants made in pursuance of those orders, should not be read in evidence.* Thus, compelled to abandon a legal defence, the settlers were driven to the last resort. A convention of the people assembled at Bennington, and Resolved, to support their rights and property under the New-Hampshire grants, against the usurpation and unjust claims of the Governor and Council of New-York, by force, as law and justice were denied them.”||

A spirited and determined resistance to the civil officers from New-York, followed the adoption of this resolution. Several of the inhabitants were indicted as rioters. The officers sent to apprehend them, "were seized by the people, and severely chastised with twigs of the wilderness." "A military association was formed, of which Ethan Allen was appointed Colonel Commandant, and Seth Warner, Remember Baker, Robert Cockran, Gideon Warner and some others were appointed Captains. Committees of safety were, likewise, appointed in several towns west of the Green Mountains."||

On the other hand, the Sheriff of Albany County was directed to raise the posse commitatus to assist in the execution of his office; and a "Proclamation was issued by the Governor of New-York, offering a reward of one hundred and fifty pounds for the apprehension of Ethan Allen, and fifty pounds each for Warner and five others. Allen and the other proscribed persons, in their turn, issued a Proclamation, offering five pounds for the apprehending, and delivering to any officer of the green mountain boys, the Attorney General of the Colony of New-York."

Allen's history.- Allen's history,

In this state of the controversy, the Governor of New-York made the following communication to the Rev. Wm. Dewey and others.

NEW-YORK, May 19th, 1772.

ON HIS MAJESTY'S SERVICE,

To the Rev. Mr. DEWEY, and the inhabitants of Bennington, and the adjacent country, on the east side of Hudson's River.

GENTLEMEN,

THE many violent and illegal acts you have lately committed against the peace and good order of this Province, of which I have had frequent proofs and informations, at the same time that they are not only a reproach to yourselves, but dangerous and injurious to your families and interests, cannot fail of being highly offensive to your Sovereign. You may depend, a perseverance in your disobedience to, and violations of, the Laws of your country, must soon draw forth against you the exertions of the Powers of Government. However, being sincerely desirous on my part, to avoid compulsive measures, while lenient methods may prove successful; I esteem it my duty to invite you to lay before this government the causes of your illegal proceedings; and it is with the concurrence and advice of his Majesty's Council, that I send you this invitation, who, with me, are disposed to examine into the grounds of your behaviour and discontent, with deliberation and candor, and as far as in us lies, to give such relief as the nature of your situation and circumstances will justify. That there may be no obstruction to your laying before me in council, as soon as possible, a fair representation of your conduct, I do hereby engage full security and protection to any persons whom you shall choose to send on this business to New-York, from the time they leave their homes to the time of their return, except Robert Cockran, as also Allen, Baker and Sevil, mentioned in my Proclamation of the 9th of December last, and Seth Warner, whose audacious behaviour to a Civil Magistrate, has subjected him to the penalties of the laws of his country. I am told Mr. William Dewey, a Minister of the Gospel, James Breakenridge, and Mr. Fay, are persons in whose judgment you have much confidence; I should, therefore, think they would be your proper messengers on a business, in which you are so deeply concerned; especially Mr. Dewey, who has been favourably represented here since my appointment to this Government. His Majesty's Secretary of State has signified to me, that the King has finally fixed Connecticut River to be the established jurisdiction between the Government of New-York and New Hampshire.

This circumstance I mention that you may not be misled or deceived by a persuasion, that that part of the country you inhabit, will ever be annexed to the Government of New-Hampshire. I have this farther motive for mentioning the King's final decision, that, by your receiving this authority, of your being in the government of New-York, I am hopeful your future conduct will justify me, in assuring his Majesty of your duti ful obedience to his royal determination. I flatter myself you will cheerfully improve this final offer of reconciling yourselves to this Government. I am your friend, W. TRYON.

To the foregoing letter the following answer was returned.

BENNINGTON, JUNE 5TH, 1772.

TO HIS EXCELLENCY,

WILLIAM TRYON, ESQUIRE, &c.

MAY IT PLEASE YOUR EXCELLENCY,

WE, his Majesty's liege and loyal subjects of the Province of New York, having received your particular favour of the 19th day of May last, requesting the inhabitants of Bennington, and the adjacent country on the east side of Hudson's River, to lay before your Excellency and Council, the cause of our discontent and behaviour, do now express our satisfaction in having this very opportunity to acquaint your Excellency,

"First, That we hold the fee and property of the lands we are settled on, and in possession of, by virtue of grants from their Majesties GEORGE ⚫the Second and Third, &c. which lands, at the time of thus being granted, was reputed to be within the jurisdiction of the Province of New-Hampshire, until the year 1764, when some of your Excellency's now subjects had, by some measures, obtained his Majesty's pleasure for alteration of jurisdiction line between the Provinces of New-Hampshire and New York. Since this, sundry grants have been made by those in the administration of government, in the said Province of New-York, on the very land before granted by their Majesties to us, as though the fee of the land and property was altered with jurisdiction, which, we suppose, was not. The measures taken to dispossess us of those lands, by repeated writs of ejectments, suits at Law, rejectment of proof from authentic records, refusing a suitable time and opportunity for collection of evidence to support and vindicate our cause, contrary, (as we suppose) to the usual customs of the Law of the Province, seem to be the grounds of our discontent; and that illegal and unconstitutional method of proceeding in indicting sundry persons, who are bound by the Law of self and family preservation to maintain their liberty and properties-the usage of those intreaguers that would monopolize our interests to themselves by such irregular steps.

Their methods of breaking, by violence, houses for possession, and to obtain those whom they are pleased to denominate riotous, tumultuous and disorderly; their firing on those people, and wounding innocent women and children, to compass their designs, may have occasioned some very disagreeable and unhappy disturbances among the friends of Mr. Remember Baker, residing on the New-Hampshire grants, which, we suppose, your Excellency has been pleased to mention illegal. The foregoing is an exact account of our hitherto ideas of the state of the present case; and on this footing we must closely adhere to the maintaining our property, with a due submission to your Excellency's jurisdiction; and, if we should, through ignorance or inadvertency, have hitherto misunderstood either your Excellency, or the occasion of your Excellency's request, we beg the favour to be undeceived. The persons chosen to present these lines, we hope, may give your Excellency some further satisfaction.

We flatter ourselves, from the candor of your Excellency's favourable