number of purchasers appeared to advance the purchase money, and pay the customary fees and donations, he was always ready to make the grants, and issue the charters. Nor could the purchasers be apprehensive that any controversies could arise respecting the validity of grants and charters, purporting to be made by the king of Great Britain, under the signature and seal of the governor of New Hampshire; as this was one of the royal provinces, and the lands were fairly purchased and paid for. They had further reasons for such expectations, for a royal decision had been made, which was understood to have decisively assigned these lands to that province. THE provinces of Massachusetts and New Hampshire, had a long and tedious controversy, respecting their divisional line. This was not settled until March 5, 1740; when George the second, determined, "that the northern boundary of the province of Massachusetts be, a similar curve line, pursuing the course of Merrimack river, at three miles distance, on the north side thereof, beginning at the Atlantic ocean, and ending at a point due north of Patucket falls; and a straight line drawn from thence, due west, until it meets with his Majesty's other governments." This line was run in 1741, and has ever since been admitted as the boundary line, between Massachusetts and New Hampshire. By this decision, and the establishment of this line, the government of New Hampshire concluded, that their jurisdiction extended as far west, as Massachusetts had claimed and exercised; that is, within twenty miles of Hudson's river. The king of Great Britain, had repeatedly recommended to the assembly of New Hampshire, to make provision for the support of fort Dummer; as a fortress, which had now fallen within their jurisdiction, and was known to stand on the west side of Connecticut river. From these circumstances, it was not doubted either in Britain, or in America, but that the jurisdiction of New Hampshire extended to the west of Connecticut river; but how far to the west, had never been examined, or called into question. Benning Wentworth, was at that time governor of New Hampshire. In 1749, he made a grant of a township, six miles square. It was situated twenty miles east of Hudson's river, and six miles north of Massachusetts line. In allusion to his own name, he gave to this township, the name of Bennington. For the space of four or five years, he made several other grants, on the west side of Connecticut river. In 1754, hostilities commenced between the English and the French in America, which put a stop to the applications and grants, and issued in a war between the two crowns. In 1760, the operations of the war, in this part of America, were terminated, by the surrender of Montreal, and the entire conquest of Canada. During the progress of the war, the New England troops cut a road from Charlestown in New Hampshire, to Crown Point, and were frequently passing through these lands; and their fertility and value became generally known. Upon the cessation of hostilities, they were eagerly sought after, by adventurers and speculators. By the advice of his council, the governor of New Hampshire directed a survey to be made of Connecticut river, for sixty miles; and three lines of townships, to be laid out, on each side. The application for lands constantly increased, and new surveys were made. So rapid was the progress, that during the year 1761, not less than sixty townships, of six miles square were granted on the west of Connecticut river. The whole number of grants, in one or two years more, amounted to one hundred and thirty eight; and their extent, was from Connecticut river, to what was esteemed twenty miles east of Hudson's river, so far as that extended to the northward; and after that as far west as the castern shore of Lake Champlain. The cultivation of the country, and the number of the settlers, increased with a surprising rapidity; and Wentworth had an opportunity to accumulate a large fortune, by the fees and donations which attended the business, and by a reserve of five hundred acres, which he made in every township for himself. THE government of New York, wishing to have the profits, and intending to have the disposal of the lands, was alarmed at these proceedings. Charles the second, in 1664, and 1674, made an extraordinary grant to his brother, the duke of York; containing among other parts of America, "all the lands from the west side of Connecticut river, to the east side of Delaware bay." This grant was inconsistent with the charters, which had before been granted to Massachusetts, and Connecticut; and neither of them, admitted it to have any effect, with regard to the lands which they had settled, or claimed to the west of Connecticut river: And there were no principles, which apply to human affairs, by which this grant would bear a strict examination. If it be examined geographically, the bounds of it were contradictory, indefinite, and impossible. If it be subjected to a legal construction, the whole of it, upon James' accession to the throne, merged in the crown; and at his abdication, passed to William his successor. If it be considered as an instrument of government, it did not establish any colony or province of New York, or any power to govern any such province: Upon this inadequate and blundering transaction of Charles the second, New York founded her claim and hope, of obtaining the lands, which New Hampshire was granting. To check the proceedings of New Hampshire, and to intimidate the settlers, Mr. Colden, lieutenant governor of New York, issued a proclamation,* reciting the grants to the duke of York, asserting their validity, claiming the jurisdiction as far east as Connecticut river, and commanding the sheriff of the county of Albany, to make a return of the names of all persons, who under the color of the New Hampshire grants, had taken possession of any lands to the west of the river. To prevent the effects that might arise from this proclamation, the governor of New Hampshire put forth another proclamation,† declaring the grant to the duke of York to be obsolete, that New Hampshire extended as far to the west, as Massachusetts and Connecticut, that the grants made by New *1763. Dec. 28. Hampshire would be confirmed, if the jurisdiction should be altered; the settlers were exhorted, not to be intimidated, but to be industrious and diligent in cultivating their lands; and the civil officers were required, to exercise jurisdiction as far westward, as grants had been made, and to punish all disturbers of the peace. This proclamation served to quiet the minds of the settlers And after such assurances from a royal governor, they had no idea that a contest between two provinces, respecting the extent of their jurisdiction, would ever affect the property of such individuals, as had fairly purchased their lands, under a charter from a royal government. NEW YORK had as yet founded her claim to the lands, upon the grant to the duke of York; but that sagacious government did not choose to rely upon so precarious a ground. Applications were made to the crown representing that it would be greatly for the convenience and advantage of the people, who were settled west of Connecticut river, to be annexed to New York; that the course of business must always lie that way, and that the people were desirous to be included in that government.* The result of these applications, was a decision in favor of New York On July 20th, 1764, his majesty. ordered and declared, "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 The inhabitants complained that a petition was presented to the king, signed with their names, but unknown to them. In their first petition to Congress, Jan. 7, 1776, they give this account of the petition, "We have often heard, and verily believe [it was] in your petitioners' names." |