First, those townships, which, having been originally settled and esta blished under grants from the government of the Massachusetts-Bay, fell within this District, by the determination of the northern boundary of that Province, in the year 1740.

Secondly, those grants of land, made within this District, by the government of New-York, previous to the establishment of the townships laid out by the governor of New-Hampshire, after the conclusion of the peace; and which land now lies within the limits of some one or other of those townships.

Thirdly, those townships, which, having been originally laid out by the governor of New-Hampshire, either continue in the same state, or have been confirmed by grants from New-York; and also, those which have since originated under grants from the latter of those colonies.

With regard to those townships, which fall under the first of the above mentioned descriptions; when we consider their nature and origin, and the numberless difficulties to which the original proprietors of them must have been subjected in the settlement of lands, exposed to the incursions of the savages, and to every distress, which the neighbourhood of the French, in time of war, could bring upon them; and, when we add to these considerations, the great reason there is to believe that the grants were made upon the ground of military services against the enemy; we do not hesitate to submit to your Lordships our opinion, that the present proprietors of these townships, ought, both in justice and equity, to be quieted in their possessions: and, that all grants whatsoever, made by the government of New-York, of any lands, within the limits of those townships, whether the degree of improvement, under the original grant, had been more or less, are, in every light, which they can be viewed, oppressive and unjust. But, as we are sensible that such subsequent grants made by the government of New-York, however unwarrantable, cannot be set aside by any authority from his Majesty, in case the grantees shall insist on their title; we submit to your Lordships, whether it might not be expedient, in order to quiet the original proprietors in their possessions, to propose that all such persons who may claim possession of lands within the limits of such townships, under New-York grants, should, upon condition of their quiting such claim, receive a grant under the seal of New-York upon the like terms, and free of all expences, of an equal number of acres, in some other part of the District lying between the rivers Hudson and Connecticut ; and in case, where any actual settlement or improvement has been made by such claimants, that they should, in such case, receive fifty acres of waste land for every three acres, they may have improved.

With regard to those grants made by the government of New York, which fall within the second description, and upon which any actual improvement has been made; they do appear to us to deserve the same consideration; and that the proprietors thereof ought not to be disturbed in their possessions, whether that improvement be to a greater or lesser extent. But we beg leave to observe to your Lordships, that, in both these cases, no consideration ought to be had to any claim, where it shall appear that no regular possession has ever been taken, and no actual settlement ever been made.

With regard to those townships, which fall within the last mentioned description, we submit to your Lordships our opinion ;-That, provided such townships do not include land within the limits of some antecedent grant, upon which actual improvement has, at any time, been made, it would be adviseable they should be confirmed as townships, according to the limits expressed in the grants thereof; and that all persons having possession of any shares in the said townships, either as original grantees, or by purchase or conveyance, and upon which shares any actual improvement or settlement has been made, ought not, in justice, to have been, or to be, in future, disturbed in the possession of such shares ; nor ought they to be bound to any other conditions, whether of quit rent or otherwise, than what is contained in the grant."

We now approach an interesting period in the history of this contro versy. It will be recollected that the whole property of the settlers, on the New-Hampshire grants, had been long put at hazard by the claims of New York. In face of the royal prohibition of the 24th of July, 1767, the government of that Province had proceeded to convey the lands, occupied under grants from the same royal authority. The Courts at Albany had, uniformly, decided in favor of the New-York grantees. Writs of possession had been issued; the execution of which was regarded by the settlers as nothing less than legalized robbery. They therefore resisted; and, for uniting in this resistance, had been indicted as rioters, and subjected to heavy penalties. Notwithstanding the attempt which had been made to arrest the progress of the controversy, it does not appear that the government of New-York had, at any time, taken measures to restrain the location and settlement of lands under New-York titles. The bone of contention, therefore, still remained; and the failure of an attempted reconciliation had served to embitter the resentment of the contending parties, and produce a state of hostility, more decided and alarming.

The mass of the settlers, on the New-Hampshire grants, consisted of a brave, hardy race of men. Their minds, naturally strong and active, had been roused to the exercise of their highest energies, in a controversy, involving every thing that was dear to them. Though unskilled in the rules of logick, they, nevertheless, reasoned conclusively; and having once come to a decision, they wanted not the courage or conduct necessary to carry it into execution.

Foremost among them, stood ETHAN ALLEN. Bold, ardent, and un. yielding; possessing a vigorous intellect, and an uncommon share of selfconfidence, he was peculiarly fitted to become a successful leader of the opposition. In the progress of this controversy, several pamphlets were written by him, exbibiting, in a manner peculiar to himself, and well suited to the state of publick feeling, the injustice of the New-York claims.

These pamphlets were extensively circulated, and contributed much to inform the minds, arouse the zeal, and unite the efforts, of the settlers.

So far as the documents belonging to this period, shed any light on the subject, it appears that the inhabitants residing in the present Counties of Bennington and Rutland, had formed a convention, by Committees from the several towns; which met, if not statedly, at least, on extraordinary occasions, to adopt such measures, as the publick exigencies required. Among other acts of this body, it had been decreed-" that no person should take grants, or confirmation of grants, under the government of New York."-An order had also been made, " forbidding all inhabitants in the District of the New-Hampshire grants, to hold, take, or accept, any office of honor or profit under the Colony of New-York; and all civil and military officers, who had acted under the authority of the Governor or Legislature of New-York, were required to suspend their functions on pain of being viewed."*

These decrees were frequently enforced with exemplary severity. Among the various modes of punishment, the more common, was the ap plication of the "beach seal" to the naked back, and banishment from the grants!

One instance of punishment, in a case which seems not to have come within any special decree of the convention, deserves, for its ingenuity, to be recorded.

Dr. A. of Arlington, had become a partizan of New-York. Having often spoken in reproachful terms of the green mountain boys, and their convention, and advised to the purchase of lands under the New-York titles, he was requested to desist. Disregarding this request, he was ar. rested and "carried to the green mountain tavern, at Bennington, where the Committee heard his defence, and then ordered him to be tied in an armed chair, and hoisted up to the sign (a catamount's skin, stuffed, sitting upon the sign post, twenty-five feet from the ground, with large teeth, grinning towards New-York,) and there to hang two hours, in sight of the people, as a punishment merited by his enmity to the rights and liberties of the inhabitants of the New-Hampshire grants. The judgment was executed to the no small merriment of a large concourse of people. The Doctor was let down, and dismissed by the Committee, with an admonition to go and sin no more."‡

Enjoying, as we now do, the protection of just and equal laws, it is

*Allen's history.

This instrument of punishment was termed the "beach seal," in allusion to the great seal of New Hampshire, affixed to the grants made by the Governor of that Province; of which, the beach rod, well laid onto the naked backs, of the "Yorkers" and their adher ents, was humorously considered a confirmation!

Allen's history.

difficult to form a proper estimate of the measures we are reviewing. We shall be less inclined to censure them as unnecessarily severe, if we re flect, that there was no choice left to the New-Hampshire grantees, between an entire surrender of their farms, rescued from the wildness of nature, and made valuable, by their industry; and a determined and per, severing resistance by force. Necessity drove them to resistance, and sound policy dictated that it should be of a character to inspire a full be. lief that it would be made effectual.

The government of New-York, however, regarded this conduct as treasonable and rebellious, and the actors in these scenes, as a lawless banditti. Confident in their own strength, and miscalculating the resources which may be brought into requisition by men acting on the defensive, in the last extremity, they proceeded to the adoption of measures, "the most minatory and despotick, (in the language of Dr. Williams) of any thing, which had ever appeared in the British Colonies."

We commence the history of these measures with the following extract from the votes and proceedings of the General Assembly of New-York.

DIE SABATI, 10 Ho. A. D. FEBRUARY 5TH, 1774.

MR. BRUSH, in behalf of Mr. Clinton, chairman, from the grand Committee, reported, that he was directed by the said Committee, to make the following report to the house, viz. That the said Committee, having taken into consideration the petition of Benjamin Hough, in behalf of himself, and many of his Majesty's subjects, inhabiting the county of Charlotte, and the north-eastern district of the county of Albany; com plaining of many acts of outrage, cruelty, and oppression, committed against their persons and properties, by the Bennington MOB, and the dangers and injuries to which they are daily exposed, and imploring that this house will take them under their protection, and secure them against future violence; and the said Committee, having also duly considered the several proofs and depositions presented in support of the truth of the said petition, do therefore resolve,

1. That it appears to this Committee, that there, at present, prevails in part of the county of Charlotte, and in the north-eastern district of the county of Albany, a dangerous and destructive spirit of riot and licentiousness, subversive of all order and good government; and that it is become an intolerable grievance, which requires immediate redress.

It appears from Allen's history, that Benjamin Hough had accepted, and officiated in, the office of justice of the peace, under the authority of New-York. Being arrested and brought before the Committee of safety at Sunderland, he pleaded the jurisdiction and authority of New York, but was answered by the decree of the Convention, which forbid all persons holding any office, civil or military, under the Colony of New York

In the presence of a large concourse of people, the following judgment was pronounced, "That the prisoner be taken from the bar of this Committee of safety and tied to a tree, and there, on his naked back, to receive two hundred stripes; his back being dressed, he should depart out of the district, and on return, to suffer death, unless by special leave of Con vention."

2. RESOLVED, That it appears to this Committee, that many acts of outrage, cruelty, and oppression have been there perpetrated by a number of lawless persons, calling themselves the Bennington MOB, who have seized, insulted, and terrified several magistrates and other civil officers, so that they dare not exercise their respective functions; rescued prisoners for debt, assumed to themselves military commands, and judicial power; burned and demolished the houses and property, and beat and abused the persons of many of his Majesty's subjects; expelled them from their possessions, and put a period to the administration of justice, and spread terror and destruction through that part of the country which is exposed to their oppression.

3. RESOLVED, That it is the opinion of this Committee, that the complainants before this house, and others, who inhabit part of that colony, and from respect to government, will not countenance or be concerned in the said riotous proceedings, are exposed, from the violence of the rioters, to iminent danger, both in persons and properties; and that they stand in need of immediate protection and succour.

4. RESOLVED, That it appears to this Committee, that Ethan Allen, Seth Warner, Remember Baker, Robert Cochran, Peleg Sunderland, Silvanus Brown, James Breakenridge, and John Smith, are principal ring-leaders of, and actors in, the riots and disturbances aforesaid; and that it is, therefore, the opinion of this Committee, that an humble address be presented to his Excellency, desiring that he would be pleased to issue a Proclamation, offering a reward of fifty pounds for apprehending and securing any or either of the persons above named, in his Majesty's goal in Albany; and commanding the magistrates, and other civil officers of the counties of Albany and Charlotte, to be active and vigilant in suppressing the said riots, and preserving the public peace and good order, as well as for bringing to justice the perpetrators and authors of said riots.

5. RESOLVED, That it is the opinion of this Committee, that a bill be brought in, more effectually to suppress the said riotous and disorderly proceedings, maintain the free course of justice, and for bringing the offenders to condign punishment. Which report he read in his place, and afterwards delivered it in at the table, where the said resolutions were severally read a second time, and it was resolved that this house doth agree with the Committee in their said resolutions.

ORDERED, That a bill be brought in, pursuant to the last resolution, and that Mr. Brush, and Col. Ten Broeck, prepare and bring in the same. Ordered, that Capt. Delancey, and Mr. Walton, wait on his Excellency the Governor with the foregoing address and resolutions of

the house.

The following proceedings will show in what manner the foregoing Resolutions were met by the people on the New-Hampshire grants.

"At a General Meeting of the Committees for the several townships on the west side of the range of green mountains, granted under the great seal of the Province of New-Hampshire, held at the house of Mr. Eliakim Wellers, in Manchester, on the 1st day of March, A. D. 1774, and afterwards, by adjournment, at the house of Capt. Jehiel Hawley, in Arling