His Excellency communicated three letters he had recv from John Munroe Esq one of His Majesty's Justices of the peace for the county of Albany, dated the 10th 17th and 25th August last also a letter of the 20th of the same month from Ebenezar Cole and Bliss Willoughby respecting the conduct and behavior of the Inhabitants of Bennington and the adjacent Towns since the hearing before his Excellency in Council and the opinion before this Board on the Petition of said Inhabitants on the first Day of July Last, Which letters were read, and with the papers referred to therein ordered to be filed. N° 40. At a Council held in the City of New. York on Tuesday the twenty ninth Day of Sep 1772 Present His Excellency William Tryon Esq! Captain General &c M: Horsmanden Mr Watts Mr Delancey Mr Apthorpe Mr Smith M: Cruger Mr. White His Excellency laid before the Board a Letter from Gloucester county of the 22 August last giving information of the concertion of measures both in Massachusetts 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 Inst from the Inhabitants of Bennington and the adjacent Towns, justifying their late conduct in dispossessing certain persons settled near Otter Creek on lands granted and held under this province- The council observed that these Riotous and disorderly persons 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 who have since seated themselves in that part of the Country but that their conduct plainly evinces their intention to suffer no person quietly to enjoy by Titles from this Province any Lands comprized within the Grants of New Hampshire Westward of the Green Mountains. Although only a very small portion of that extensive Territory is even pretended to be occupied by Claimants under New Hampshire- That His Excellency in pursuance of the Report of the Committee of this Board of the 1a July last has already offered them Terms much more favourable than considering the violence of their past conduct they had any reason to expect, (to wit) to suspend until his Majesty's pleasure shall be known all prosecutions in Behalf of the Crown on account of the crimes with which they stand charged, and to recommend it 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 settlers for the purchase thereof on moderate Terms exacting no other condition on their part than their future peaceable and quiet behavior, that instead of embracing so favourable an offer with Gratitude they have perpetrated fresh acts of Violence, and rendered themselves still more obnoxious and inexcusable That there is to much reason to apprehend that so pernicious an example if not speedily checked and punished must be attended with the worst consequences by bringing the authority of Government into Contempt and obstructing the course of Justice, and that the Board consider the letter from Bennington as highly insolent and deserving of sharp reprehension, and the insinuation that the settlements were to proceed under the New Hampshire Grants and to be stayed under those of New York as utterly without foundation. The Council further observed to his Excellency that every under act of executory Government to restrain the Patentees of this Colony from improving their Estates would be unauthoritative, and flatly repugnant to the Law as well as against the conditions and terms expressed in their Patents and directed by the royal instruction-and that the Board therefore foresee that the endeavors of the Hampshire Grantees to increase the number of their possessions upon the controverted Lands must speedily create confusion and BloodshedThat it is beyond the Power of the Civil Magistrates to put a stop to this growing evil, which in the opinion of the Board cannot effectually be suppressed without the aid of the Regular forces. That every material information Touching this contest has been transmitted and now lies for his Majesty's consideration. And as the circumstances of the colony absolutely require it the Board are unanimously of opinion that his Excell! do urge to His Majesty's Ministers the necessity of a speedy signifying of his Majesty's Pleasure, and at the same time intimate that from the number and extent of the Grants under this Province to reduced Officers and Soldiers and others as well as those who had Grants under New Hampshire and others associated with them in the Counties of Cumberland Gloucester and Charlotte and the numerous settlements that have been made under these Patents and under ancient Grants in the County of Albany the revocation of the Royal Decision 1764 and the subjecting of the Country Westward of Connecticut River To the Jurisdiction of New Hampshire, appears to this Board to be a Measure unfriendly to the Rights of the Crown, dangerous to the Patentees holding under the Great Seal of this province, introductive of endless contentions among the Inhabitants and subversive to the growth and cultivation of the country, which but for the Disturbances in Bennington and the neighbourhood of that Town would be now in a peaceable and Flourishing Condition. N° 41. An Act to appoint commissioners to settle a Line or Lines of Jurisdiction between this Colony and the Province of Massachusetts Bay. Be it Enacted by His Excellency the Governor with the Council and the General Assembly and it is hereby enacted by Authority of the same that The Honb! John Watts The Hon! William Smith, The Honb! Rob R. Livingston and William Nicoll Esquires shall be commissioners on the Part of this colony who shall be commissioned by the Gov! or Commander in Chief for the time being and who shall have full power and are here by authorised to meet with the commissaries who are or may be appointed in in like manner authorised and empowered by the Gov! Council and General Court or Assembly of the Massachusetts Bay, at such time or times place or places as shall be agreed upon and determined by the Governors or Commanders in Chief for the time being of this Colony and the province of the Massachusetts Bay then and there to agree upon a line or lines of Future Jurisdiction between the said province of the Massachusetts Bay and this Colony, on the Easterly part of this Colony to begin at the southern corner of the Province of New Hampshire, on the West Bank of Connecticut River, and from Thence in such manner and by such line or lines as shall be found Eligible, with Due regards to the Rights of this Colony to the Colony of Connecticut, the Governor or Commander in Chief of this Colony for the time being and the Gov! of the said Province being present and such line or lines so agreed upon and approved of And consented to by the said Governor or Commander in Chief of this Colony, and the Gover! of the Province of the Massachusetts Bay for the time Being shall be presented by the said Governors respectively to His Majesty for his Royal approbation, and being Ratified and confirmed by His Majesty shall at all times thereafter be the Line or Lines of Jurisdiction between this Colony and the Province of the Massachusetts Bay the True and Real extent or Boundary of this Colony by the Royal Grants or any Law, Act, Declaration or Ordinance to the contrary thereof in any wise notwithstanding. And Be it Further Enacted by the same authority that after such Line or Lines shall be so agreed upon approved ratified and confirmed the Commissaries appointed by this Act are hereby authorised and empow ered to employ a surveyor or surveyors, chain bearers, and such and so many other persons as may be found necessary to perform the Executive Part in Running marking and ascertaining the said line or Lines in conjunction with such as may be appointed on the part of the said Province of The Massachusetts Bay for that purpose. And to the Intent that the good ends of this act may not be defeated by the Death sickness or unavoidable absence of either of the commissaries above named Be it Enacted by the same authority that in case any such accident happening to any of the commissaries the major part of said commissaries or the survivors, and survivor of them, shall and may execute and perform all such acts as they may conceive necessary and expe dient for settling the said Line or Lines of Jurisdiction between this colony, and the Province above-mentioned, and that as fully to all intents and purposes aforementioned, as all the commissaries could or might execute and perform the same City of New York 8th March 1773. I assent to this Bill enacting the same and order it to be enrolled (Note) The above assent should have been entered after the passing by the WN TRYON City of New York the 26 Day February 1773 in the thirteenth year of his Ma |