the documentary history

Force, and that among their principal Leaders are James Breakenridge, Jedediah Dewey and Stephen Faey.

The said Hazard Wilcox being withdrawn, and the Board taking into Consideration the present State of that part of the Country, and being unwilling to adopt severe Measures while there is any prospect that lenient Methods may prove successful, humbly advised his Excellency to signify to the principal persons among the said Inhabitants, that they should lay before his Excellency in Council the Causes of their Illegal proceedings who are disposed to examine into the Grounds of their Behaviour and discontent, and as far as is in their power, to give them such Relief as the Nature of their situation and Circumstances will justify, and assuring them of full security and protection to any persons whom they shall send hither for that purpose, from the Time they leave their House to their Return.

ARMED ORGANIZATION OF THE BENNINGTON RIOTERS.

In Council May 19th 1772.

His Excellency communicated to the Board a Letter to him from Mr Justice Munroe of the 34 Instant, with a Letter from Ebenezer Cole to Mr Munroe of the 2d Instant, whereby it appears that the Rioters had brought to Bennington two pieces of Cannon and a Morter piece from the small Fort at East Hoseck with powder and Ball, and were making great preparations for their Defence, giving out that a Body of Regulars were on their March against them. And that Remember Baker and his party, went the day before to the House of Bliss Willoughby, and cut him in a barbarous

manner.

His Excellency then communicated to the Board the Draft of a Letter he had wrote and intended to forward to some of the Rioters in pursuance of the Resolution of this Board at their last meeting, which being read and approved of, was Ordered to be forwarded by Letter from the Deputy Clerk of the Council to the Sherif of Albany, with directions to him to deliver it with his own Hands to Mr Dewey or in Case of his Absence to any principal Inhabitant of Bennington.

GOV. TRYON TO THE INHABITANTS OF BENNINGTON.

[Slade's Vermont Papers.]

New York, May 19th 1772.

Gentlemen, The many violent and illegal acts you have lately committed against the peace and good order of this Province, of which I have 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 write 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 VOL. IV. 60

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 Cochran, as also Allen, Baker and Sevill, 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 favorably 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 dutiful 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.

WM. TRYON.

JONATHAN WHEAT'S AFFIDAVIT.

City of New York, ss. JONATHAN WHEAT of Shaftsbury in the County of Albany Farmer of full age, being duly sworn deposeth and saith, that he hath lived with his Family in Shaftsbury upwards of three years last past on a Lott of Land which he purchased under the Title of New Hampshire, but which is included in Major Small's Grant from this Province-That he has agreed for Major Small's Title. That it was well known among the People in that Country in general that the Deponent gave a Preference to the Titles under the Government of New York, that he was a Friend to that Government, and that tho strongly solicited to it, he had refused to join the Mob Party on which account they had taken great Dislike to him, and look'd on him as their Enemy. That apprehensive of Danger if he dwelt longer among them, and knowing it would ruin both him and his Family if he was obliged to abandon his Farm, he went a few Days before he left Shaftsbury, to consult and ask the advice of John Bracket, who is a Person living in Bennington, an acquaintance of his, and who keeps up a good understanding with the People on both sides, and to endeavour thro his Means to obtain Protection from the violences of the Mob. That Bracket informed him the Persons who committed those Violences were not the People to apply to for Protection. That the Deponent then asked Bracket how long time it would require to make application for this Purpose to the proper Persons. That Bracket answered, Brakenridge was gone from home; that the Deponent then asked Bracket how far he Bracket must go to apply or speak to the Head Men. That Bracket answered he must go beyond the Meeting House, by which the Deponent understood he meant to go to Jedediah Dewey and John Fasset, whoses Houses from the spott the

Deponent and Bracket were then in, stand beyond the meeting. That the Deponent then ask'd Bracket if he did not mean to see Landlord Fay, and whether he should see the two Robinsons, to which Bracket answered in the Affirmative. From all which the Deponent clearly understood that Bracket look'd upon James Brakenridge, Jedediah Dewey, John Fasset, Stephen Fey, Samuel Robinson and Moses Robinson, to be the Persons who rul'd and governed the Riotous Party at Bennington and the adjacent Towns-That Bracket promised to go the next Day to speak to the abovenamed Persons as the Deponent understood and to give the Deponent an Answer but did not go and the Deponent soon after having received Information from divers Persons that he was threatned, and that they fear'd he would be kill'd, thought it best to avoid the Danger, and left Shaftsbury on Sunday the 17th Instant, leaving his Family who had not been threatned behind him. That he does not intend to return to his Family until he thinks he may do it with safety. That the Deponent since his Residence at Shaftsbury has been informed of frequent Riots and Violences committed by the People of Bennington and the adjacent Towns, except Pownall that remains quiet and peaceable; That the Riotous Party among the People who are by far the most numerous appear to him resolutely bent if they cannot otherwise keep their Possessions, to defend them by Force of arms. That they hold the authority and Government of New York in great Contempt and will not suffer the Magistrates or Civil officers there to do their Duty in the execution of their offices in any Case where they apprehend the least Danger of their being taken to answer for their riotous Proceedings.

Sworn Before his Excellency the Governor in Council the

29th Day of May 1771 and Before me.

DAN: HORSMANDEN.

JONATHAN WHEAT.

FURTHER MINUTE OF COUNCIL RESPECTING THE RIOTERS.

IN COUNCIL June 3rd 1772. His Excellency communicated to the Board a Letter of the 224 ultimo from Benjamin Spencer Esquire one of his Majesty's Justices of the peace for the County of Albany, informing his Excellency of the Riotous spirit which now prevails among the people seated under Title derived from the Province of New Hampshire-That the Inhabitants of Durham, the place of his own Residence, are daily threatned to be driven off their possessions, the House he lives in to be Burnt, and that he is obliged to confine himself at Home, as he cannot with safety go from thence to transact his Business-As also a Deposition therein inclosed of Joseph Pringle taken before Mr Justice Spencer. And the same being read the said Joseph Pringle who attended without, was called in, and being examined at the Board his Deposition was ordered to be taken and sworn to before Mr Chief Justice Horsmanden.

His Excellency then communicated to the Board, a Letter from Major Philip Skene dated the 28th ulto advising that Mr Fay and several others had been with him, and brought a Copy of his Excellency's Letter of the 19th of May, and that they promise to wait on his Excellency immediately after they have communicated the Contents of the Letter to the people of Bennington and the adjacent Country on the East side of Hudson's River.

PETITION OF THE INHABITANTS OF GUILFORD.

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 David Field, Silah Barnard Thomas Cutler Asa Rice Francis Rice Peter Rice Silas Cutlar Jotham Biglo Shubeld Bullock and Joel Biglo in behalf of themselves and their associates Inhabitants of the Township of Guilford in the County of Cumberland and Province of New York.

Most Humbly Sheweth.

That your Petitioners and their associates on the second day of April in the year of our Lord One thousand Seven hundred and Fifty four obtained a grant from the Government of New Hampshire for the said Guilford Containing Twenty three thousand and forty acres of land.

That in pursuance thereof your Petitioners and their associates settled upon, cultivated, and improved the same at a very great expence conceiving their Title to be good until after the arrival of his Majesty's Royal Order in his Privy Council of the Twentieth day of July 1764 declaring "the West 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 Provinces of New York and New Hampshire."

That in the year 1765, your Petitioners applied to Lieutenant Governor Colden for a Grant of the said Township of Guilford, which his Honor promised they should have as soon as the sundry Petitions Then presented for Lands in that part of the Country came under consideration.

That your Petitioners in the year 1766 Presented another Petition to His Excellency the Late Sir Henry Moore Baronet Praying a Grant and Confirmation under the Great Seal of this Province This Petition as well as the former being either neglected or mislaid your Petitioners presented a second in the year following but with the like ill success.

That your Petitioners rested some years without further application for a Grant till a Patent to Colonel Howard comprehending all the property that some of your Petitioners had in the world induced them to trouble your Excellency with Two Petitions lately presented, one praying a Grant to your Petitioners and their associates of such part of the Township of Guilford as is not included within Colonel Howards bounds such of your Petitioners as reside thereon or had any Claim thereto under the New Hampshire Title having settled with and given up or taken leases from Colonel Howard. And the other Petition praying for a Grant of Twelve thousand acres of Land therein particularly located as a Compensation for the Loss they sustained by Colonel Howards grant. That your Petitioners have always been staunch friends to the interest of this Government particularly at the time of the unhappy Riots at Windsor and in the year 1770 chearfully subscribed a Petition to our Most Gracious Sovereign then circulating in this Country humbly praying that the Lands westward of the River Connecticut in the Counties of Cumberland and Gloucester should remain to the Government of New York, for the truth of which facts they beg leave to refer your Excellency to the Gentleman who circulated the said Petition, one of whom is now at New York. Your Petitioners therefore confiding in your Excellency's Humanity and the Tenderness of the Honourable board most humbly pray in behalf of themselves and their associates that your Excellency will be favourably pleased to Grant to your Petitioners His Majesty's Letters Patent

for the residue of the Township of Guilford and also for the said Tract of Twelve thousand acres in the Names of the respective persons mentioned in the Schedule subjoined to their former Petition.

Guilford May the Eleventh 1772.

SILAH BARNARD
DAVID FIELD
THOMAS CUTLAR