[Page]
[Page]

SOME MISCELLANEOUS REMARKS, AND SHORT ARGUMENTS, ON A SMALL PAMPHLET, Dated in the CONVENTION of the REPRESENTATIVES of the STATE of NEW-YORK, October 2, 1776, and sent from said CONVENTION to the County of CUMBERLAND.

AND Some REASONS given, why the District of the New-Hampshire Grants had best be a STATE.

By IRA ALLEN.

HARTFORD: Printed by EBENEZER WATSON, near the GREAT BRIDGE. M.DCC.LXXVII.

[Page]

PREFACE.

THE following impartial work was under­taken by and at the request, of the General Convention of the district of the New-Hampshire Grants, and many matters of fact are here inserted, as a short state of the disingenuous cunning of the former government (now State) of New-York, to­wards the inhabitants of said district. Which are humbly dedicated to the candid reader, by the au­thor, for the good of mankind

[Page]

SOME MISCELLANEOUS REMARKS, &c.

OUR Author informs us in Page 7th and 8th, viz. ‘It is unquestionable, that the jurisdiction of this State over the territory which now comprehends the County of Cumber­land, is co-eval with its first formation as a colony under the crown of Great-Britain.’

IT is a fact notoriously known, by those that are acquainted with the history of the former government of New-York, that that go­vernment did not extend so far north as the city of Albany, un­til the accession of King William and Queen Mary to the throne; then we find a commission from their Ma [...]esties, to Henry Slaugh­ter, to be materially different from those of the respective Gover­nors of New-York before. King William and Queen Mary by their commisions dated the fourth day of January in the first year of their reign, appointed Henry Slaughter to be Governor of [...]he province of New-York, and the territories depending thereon, in America.

BEFORE the accession of King William and Queen Mary to the throne, plantations were extended northwardly, either on patents pro­cured [Page 4] immediately from the crown or government, or mere set­ [...]lements on extra-provincial lands, in which the city of Albany was includ [...].

THE enlargement in the Commission to Henry Slaughter was in these words, viz. "And the territories depending thereon in America." These territories are that extension of jurisdiction be­yond their [...]rst circumscribed limits, terminating south of Albany, called the province of New-York. This territorial extension of jurisdiction was altogether in the arbitration of the crown to cur­tail or extend; this being the case, the respective Governors can no otherway be judges of the extent of jurisdiction, but by directi­o [...] given them in their commissions, together with his Majesty's express proclamations and public determinations relative thereto, as in the instance of the royal adjudication in 1764, a publication of which, by his Majesty's orders, gave his subjects to understand, that it was his pleasure, that the territorial jurisdiction of New-York should extend to the west banks of Connecticut-river, which includes the counties of Cumberland and Gloucester within that government. Before this, it wa [...] impossible for the subjects to know it; if they could have known it without his Majesty's pro­clamation certifying the same such proclamation would have been needless and impertinent: The truth of the matter is, his Majes­ty i [...] 173 [...] determined that New-Hampshire government should cover the pr [...]ent county of Cumberland: He altered his deter­min [...]tion in 1764, whereby New-York extended its territories over the [...]ounty of Cumberland, and for any gentleman to amuse peo­ple of common sense, that ‘it is unquestionable, that the juris­diction of this State, over the territories which now [...]ompre­hends the county of Cumberland, is co eval with its first for­mation as [...] colony under the crown of Great-Britain,’ is the height of folly. It was in the natur [...] of things absolutely im­possible his Majesty himself should have known that to have been the case the moment before he determined it, and equally inconsist­ent, that the subjects should know it 'till his Majesty proclaimed i [...].

[Page 5]OUR Author further inserts in page 8, these words, viz▪ [...] implying a latent design, by a future separation fro [...] [...] to leav [...] the whole burthen of the present cruel and [...] war to be sustained by the rest of the Community.’ This i [...] indeed a very extraordinary way of arguing, and in particular for the Honourable the Provincial Congress to assert. It i [...] well known to that State, that it was ever disagreable to the inhabi­tants of the New-H [...]mpshire Grants to be within the State of New-York, and that there has been much talk of seperating from said State, and should the county of Cumberland absen [...] from said State, and connect with the State of the Massachusetts-Bay, or should they connect with the rest of the New-Hampshire [...] and form a new State, it is not to be even supposed, [...]ut that [...] should pay our proportion, according to our abilities, o [...] the ex­pences of the present war. It is not reasonable if one of the United States should be more prest with powerful armies tha [...] any other, that they ought or will pay any more for that, or if one State should raise more men, according to their numbers, to join the main army, or to scout in their own frontiers if need be, than the rest, that they ought in justice to bear any more of the bur­then than any other State; (but, in consequence of their being harrassed by the enemy, they ought not to pay so much.) But in the sequel of the war the whole expence will be mad [...] in one bill by the Honourable the Continental Congress; then each [...] will share equally the blessings of the glorious victor [...] [...] the liberties, granted to our ancestors, by the supreme Govern [...] of the universe, may be kept inviolate and handed down to the latest posterity, and if one State has done more than their propo [...]tion, it will be remitted to them again to their everlasting honour, for ex­erting themselves to maintain the liberties God has given us; if each State have done their equal proportion, then consequently each State will pay their proportion, according to their abilities, until said Bill is discharged.

OUR Author asserts the following lines in page 10. ‘And the success of the great cause in which the whole continent is en­gaged [Page 6] cannot but be weakened by dissention and by counte­ [...]ncing the factious and self-interested.’ This objection, at [...], seems to be important, but upon examination will va­ [...]sh. I readily agree that it would be matter of lamentation, that when we are jointly engaged in a bloody contest, merely to oppose arbitrary power, without us, that we should have occasion to con­tend against the same within ourselves, especially by those who pro­fess to be friends to liberty. I imagine this objection arises for want of due consideration; we are much mistaken in our views, if we are not proposing that and that only, which will prevent contenti­ons and divisions taking place amongst us, and that which will have the most happy effect to unite us in indissoluble bonds of [...] and friendship, by forming the whole district of the New-Hampshire Grants, into a new and permanent State, in which all the free and natural rights of men will be protected to the latest posterity. Certainly if the observations I have made are just, the objection must cease in the mind of every reasonable person; for if we consider that oppression was the cause of this unnatural war, and the oppressions this district has received from the Govern­ment of New-York are similar (which I think may plainly appear) are we not pursuing the same general cause? The only difference is, that we are contending against the same enemy within, that is also without, and certainly, if arbitrary power without us ought to be punished with vengeance, that within ought to have seven­fold; therefore we are persuaded, that every one who is a true friend to the liberties of mankind, and has any sense of his own or posterity's good will think the case well deserves a serious consi­deration and ought to be referred to the Honourable the Grand Council of the United State of America, f [...]r their wise deliberati­on and determination, which is our ardent wish.

GOD gave mankind freedom by nature and made every man equal to his neighbour, and has virtually enjoined them to govern themselves by their own laws.

[Page 7]DOUBTLESS you remember in antient times, every [...] his own vine and fig-tree and there was none to [...] them afraid, and when it became necessary for them to have some [...] and laws to govern themselves by, every man appeared personally, under their own fig-trees in council, and harmoniously [...]gree [...] [...] rules to be governed by; they also worshiped the deity in the open air▪ but in process of time, to shelter themselves from the in­clemency of the weather, they built houses for that sacred [...] then, by the increase of men, it became necessary for some divi [...] ­ons and they divided themselves into tribes, each one governing his own internal policy, &c.

SINCE the propagation of settlements through the world▪ [...] become necessary for the sake of good order and government, that the inhabited part of America should be divided into [...]vernments or States, counties, towns, &c. for the convenience o [...] its inhabitants, though not for the agrandisement of any p [...]ticu­lar place or number of men, but for the mutual advantage of the whole; it was not the free voice of the people of the New-Hamp­shire Grants ever to be in the government of New-York, but was an express order from the crown in the year 1764, and was un­known to most of the inhabitants of said grants, until his Majes­ty's proclamation appeared certifying the same.

BY the declaration of Independence all laws and connections with the British Court were dissolved, which left all [...]ingly go­vernments destitute of any law or established mode of govern­ment, and since each State is preparing a new mode of go­vernment, to establish as a free and independent State of America, and as the design of forming governments was meant for the mu­tual benefit, peace and happiness, of the present and future ages, I see no reason why any county or counties, community or commu­nities of people, may not assert their free and natural rights and liberties, which was given them by the God of nature, and if the royal tyrant of Great-Britain did pass an order extending the terri­torial jurisdiction of New-York to the w [...]st ba [...]ks of Connecticut-River, [Page 8] for some sinister views to the crown (or by the influence of [...] gentlemen in New-York) and contrary to the free voice of the inhabitants of the whole district of the New-Hamp­shire Grants, as it rendered the situation of the inhaqitants very disagreable in many respects, and one o [...] this hypothesis unmov­able, viz. their local situation, as some of them are upwards of four hundred miles from the seat of government at New-York. This order may be well accounted one of the cruel acts of the crown, and as the Honourable the Continental Congress, did, on the fourth day of July last, declare the United Colonies of Ame­rica to be free and independent of the crown, which declaration the people of the New-Hampshire Grants have most cordially acqui­ [...]sc [...]d in, by forming an association, binding themselves, by all the [...] held sacred amongst men, to exert themselves to defend by [...] the liberties of America, as also by many votes of their Ge­ [...]ral Convention of later dates, and whereas by said declaration, the arbitrary acts of the crown are null and void in America, con­sequently the jurisdiction by said crown granted to the govern­ment of New-York, over the people in the New-Hampshire Grants, is totally dissolved, so that the veil of New-York is not left over any part of the New-Hampshire Grants.

IT has been before observed, that the design of forming govern­ments, was meant for the mutual benefit, peace and happiness of the present and future ages, therefore, since the dissolution of the British power in America, all power, as it was in the beginning, naturally revolves back on the people; it therefore now stands every individual in hand to see what way and mode of government they adopt, as also the boundaries of each State, together with the natural genius, habit and temper of the people which are to make and constitute one body politic.

AND now, as I view it, we are probationers to act, not only for ourselves, but for posterity, even, in some degree, as [...] was w [...]th Adam in his original purity. He transgressed the divine law, thereby brought sin and misery on himself and posterity, which [Page 9] deprived his successors of those liberties and mansions God had given him. Each man is accountable to his creator for the part he now takes, for on the conduct of the present age depends the liberties of millions yet unborn.

SINCE this vast continent has made this noble stand, have and still continue to weild the sword of liberty, to preserve inviolate the freedom of the present and future ages, and are about to esta­blish new and free States under the authority of the people, it behoves us, as inhabitants of the New-Hampshire Grants, to view with candour our own situation.

WE principally emigrated from the New-England States, the former laws, rules and regulations of which, were nearly ali [...]e; in consequence of which, the inhabitants of said Grants, have been taught in one way; their genius and customs have been so near correspondent, that there is the highest probability, that they would unanimously agree on a mode to govern the internal policy of a State, with the greatest unanimity, which is one of the great­est blessings ever bestowed on a free people.

ON the other hand, the former laws, rules and regulations of the government, now State, of New-York, have been so m [...]erial­ly different from those we have been accustomed to▪ and consi­dering the conflict that has subsisted those many years between this district and the said government, there is the greatest reason to believe, that should this district connect with that State, to make one body politic, there would be as little hopes of a recon­ciliation's ever taking place between them, as there would be be­tween Great-Britain and the United States of America, which must render the situation of both very unhappy.

WITNESS a resolve, viz.

In Convention of the representa­tives of the State of New-York, at Harlem, August 2, 1776. Resolved Unanimously, That all quit-rents formerly due and pay­able to the King of Great-Britain within this State, are now due [Page 10] and owing unto this Convention, or such future government as may be hereafter established in this state.

Extract from the Minutes,
ROBERT BENSON, Secretary.

IT is to be here noted, that those Grants that derived from New-Hampshire pay one shilling proclamation money, and those from New-York, half a crown sterling on each hundred acres, when in the antient part of the province of New-York, Living­ston's Manor, a tract of land about twenty miles square, pays but one beaver's-skin annually, as quit rent; and Bateman's Patent, a valuable tract of about ninety thousand acres, pays only a quit rent of three pounds ten shillings; in fine, all the old settled part of the province pays no more than a trifling acknowledgment.

THUS it appears by the above resolves, and by a small pam­phlet, dated in Convention, the second of October 1776, and sent from the Honourable the Provincial Congress of the State of New-York to the county of Cumberland, that the said present Honourable Congress, have passed some unreasonable and op­pressive resolves: A very extraordinary way indeed to collect a sum of money to defray public expence, after the former govern­ment of New-York had by cunning, fraud, threats and deceit, terrified and seduced the inhabitants of some townships to take re­grants of them, at the extortionate price of even 2300 dollars for a township and on said subsequent patents, was added more than [...] three fold quit-rent.

THIS act of the former government carries the colour of tyran­ny in its very visage, and is plain to be seen by the weakest capacity.

I cannot see why there is not as much tyranny in taking this three-fold quit-rent, since the dissolution of the British power in America, as there was in giving the subsequent patent, for it is still holding up in existence, one of those cruel acts, which indu­ced [Page 11] us to take arms and join our brethren in the several United States, to defend the liberties of the whole.

BY this the candid reader will easily see the almost infinite disproportion of collecting money for public expence.

TO understand political power right, and derive it from its ori­ginal, we must consider what state all men are naturally in, and that is a state of perfect freedom, to order their actions and dispose of their possessions and persons as they shall think fit, within the bounds of the law of nature, without asking leave or depending upon the wi [...]l of any other man. (Lo [...]k.)

A STATE also of equality wherein all power of legislation is re­ciprocal, no one having more than another, there being nothing more evident than that creatures of the same species and rank, promiscuously born to all the same advantages of nature and the use of the same faculties, should be equal one amongst another, without subordination or subjection, only what is absolutely ne­cessary to keep up good laws, rules and regulations amongst mankind.

THE natural and just rights of a free people is first, the making and, secondly, executing their own laws: On these two branches depends the liberties of a free people, and are guarded by having the controul of those branches in their own hands. And now the inhabitants of the district of the New-Hampshire Grants, being invested with such powers as the God of nature has blessed them with; although Delegates from the counties of Cumberland and Gloucester have been admitted to sit in the Honourable Provincial Congress of New-York, yet the following will plainly demon­strate, that they were not legally chosen by the inhabitants of said counties at large; for it would be unreasonable, even to suppose, that the inhabitants of said district of the New [...] [Page 12] with a power, with whom they had been for a number of years [...]rnestly contending, without any hopes of redress.

THAT in consequence of circular letters from said Congress of New-York, dated May 31, 1776, requesting the counties of Cumberland and Gloucester, to send delega [...]es to sit in Conventi­on and assist them in making and establishing a code of laws for said State, the following method was made use of in choosing the three Delegates for the county of Cumberland, viz. The three first in nomination for w [...]om the greatest number of votes ap­peared, were declared accepted without allowing a negative voice, when at the same time it was generally conceeded to by the said County Convention, that it was contrary to the free voice of three-fourths of the inhabitants of said county, to elect delegates to represent them in Convention aforesaid, or to be otherwise connected with them; so that by this method of choosing, if one man has ten votes, another five, and another three, they would be severally chosen by the people at large, to assist in the establish­ment of a code of laws, by which the whole are to be governed. True this mode of choosing is a sure and quick method of get­ting a choice the first attempt, and where a community are agreed in the mode, is justifiable, but this mode would be very wrongly applied to these counties, considering the aged conflict which has subsisted so long, and with such impetuousity, as to spill the blood of several of its inhabitants. It ever was and still is disa­greable for the inhabitants of those counties, to be and remain within the jurisdiction of New-York, therefore, according to na­tural liberty, a vote should have been first obtained for choosing delegates, and secondly (if that were compleated) the mode of choosing; that is, the inhabitants of each town, in their public town meeting, appointed for that purpose, to deliver to the Mo­derator or clerk, their votes severally, in writing, which votes to be carefully sealed up in the presence of such meeting and pro­perly conveyed to some meet person, duly appointed to receive and deliver the same to the chairman of the county committee, who, with a quorum, is to compleat what is further [...] [Page 13] thereon; but not in the clandestine way of designing men's going to the habitations of private individuals to collect votes.

IN the County of Cumberland there is upwards of two thou­sand voters, out of which there was but three hundred and sixty-eight in favour of electing delegates, to sit in the Honourable Convention of New-York, viz. For Colonel Joseph Marsh 358, For Captain John Sessions 172, and for Simon Stevens, Esq 166. Six or seven towns in said county did at the same time enter their protest against election, and even the county committee, who gave the Delegates their credentials, did restrict them to particular in­structions, reserving to themselves, in behalf of the county, a right of absenting from the State of New-York, whenever a suit­able opportunity would admit thereof; yet, Messrs Sessions and Stevens, two of the delegates of Cumberland county (if I may so call them) declared in Congress, that they were chosen by the people at large, that the committee who gave them their instruc­tions and sent the said letter to the Convention, were elected long before their own election as deputies for said county; that their credentials from the county gave them full and unrestrained power in forming a government; that they conceive themselves no far­ther bound by their instruction, than they shall appear to be right and beneficial; but, that when, even on debate, it should appear, that those instructions might work an injury to the State, or if on any question they should be out voted, they should not consider themselves bound by their instructions; and further, that as Representatives of said county, they fully acknowledged the jurisdiction of this State over the said county and its in­habitants.

THIS representation seems to be big with great mischief; for surely if there was any validity in their credentials, there was equally the same in their instructions, for they both derived from one committee, and were both joined on one paper, and all done in one day, and if their credentials gave them a seat in that ho­nourable house, they must consequently follow their instruction or [Page 14] cease to be the representatives of the people, by the same rule that George the third ceased to be our King by breaking his corona­tion oath.

THUS it appears that out of above two thousand voters, in the county of Cumberland, but three hundred and sixty-eight could be persuaded to vote for delegates, and by no means a majority in the county of Gloucester, and not one on the west side of the range of Green Mountains, in the latter of which is full half of the inhabitants in said district.

BY this the candid reader will see, that there has but a very in­considerable part of the inhabitants in said district, ever attempted to delegate power of legislation to any body politic, and those un­der particular restrictions: Therefore the inhabitants of said Dis­trict, have the sole exclusive and inherent right, to govern their internal police; in consequence of which, it now behoves every one to be critical in establishing a plan of Government, for it will be like a seed sown, which will spring up, with boughs either ex­tending to secure the liberties of Millions yet unborn, or else to skreen the wicked designs of crafty usurpers.

BUT let us take a retrospect view of the former government of New-York and their conduct towards us, and then candidly con­sider whether the said State would not be as well off, without the district of the New-Hampshire Grants, as with, and then see if it would not be to the benefit, peace and happiness of the inhabitants of both, for the district of the New Hampshire Grants, to be in­cluded in a new State.

LIEUTENANT GOVERNOR COLDEN represented to his Majesty and Privy Council, that it would be greatly to the advantage of the inhabitants of the district of lands to the westward of Con­necticut River, which had been before granted by the government of New-Hampshire, to be under the jurisdiction of the province of New-York, and that Connecticut River was a good and [...] [Page 15] boundary line to divide the two respective provinces, and further­more, that Hudson's River was navigable a great way into the country, and the situation of the New-Hampshire Grants, was such, as would naturally constitute that river the center of trade and commerce, for the inhabitants of those Grants, by the naviga­tion of which, they could easily send exports to the city of New-York, and receive and return such articles as they would; and that it would therefore be much more convenient and happy for them to be under the jurisdiction of New-York, &c.

THIS Representation of Lieutenant Governor Colden was fa­lacy, and would appear so to be, to any gentleman that knew the situation of the New-Hampshire Grants: as to a few towns, in the south-west corner of the district of lands aforesaid, I grant that Hudson's River will naturally constitute that the center of trade to the inhabitants thereof, and a small part of the south-east cor­ner of the said district, from their remote situation from Hudson's River, Lake Champlain, &c. and their contiguousness to Connec­ticut River, will naturally constitute that the center of trade for its inhabitants; but far the greater part of the district of lands aforesaid, from their remote situation from Hudson's River, navi­gation in Connecticut River and the eastern sea-ports, from the contiguousness thereof to Lake Champlain, Chamblee, Montreal on the river St. Lawrence, &c. will naturally constitute them the center of trade for the inhabitants thereof.

THIS being the situation of the district of the New-Hampshire Grants as to trade, and had it not been for self-interest, that is, by the handle of jurisdiction, to over-reach and seduce the people by cunning, fraud, violence and oppression, so as to make the landed interest of the New-Hampshire Grants their own, will plainly appear by their conduct towards us. No sooner than they had of [...], Lieutenant Governor Colden gave sub­sequent patents o [...] the very identical lands on which the New- [...]ampshire [...] to certain monopolizing attornies and fav [...]urite gentlemen of New York; at this the peaceable inhabi­tants [Page 16] were greatly alarmed, they sent repeatedly to New-York for settlement of such an unheard of dispute, but none could be had, except they would resign up their New Hampshire charters and deeds and take new ones under the great seal of the province of New-York: At this the inhabitants sent an agent to the Court of Great-Britain to solicit redress, and he obtained the following pro­hibition, viz.

AT a court at ST. JAMES'S, the 24th day of July 1767.

Present,

  • The KING's most Excellent Majesty,
  • Arch Bishop of Canterbury,
  • Lord Chancellor,
  • Duke of Queensborough,
  • Duke of Ancaster,
  • Lord Chamberlain,
  • Earl of Litchfield,
  • Earl of Bristol,
  • Earl of She [...]burn,
  • Viscount of Falmouth,
  • Viscount Barrington,
  • Viscount C [...]erk,
  • Bishop of London,
  • Mr. Secretary Conway,
  • Hans Stanley, Esq.

His Majesty taking the said report, that is, report of the Board of Trade, into consideration, was pleased, with the ad­vice of his Privy 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 grants whatsoever, of any 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 SHARP, GEORGE BANYOR, Dep. Sec.

NOTWITHSTANDING the above prohibition, the respective Go­vernors of New-York, presumed to regrant our lands, from [...] our feet, in open defiance to the regal authority [...]f Great-Britain. They also sent showers of writs of ejectment to the inhabitants, [Page 17] which, on trial, produced writs of possession; then the posse commitatus, consisting of about 700 men were raised to enforce possession, then the spirited inhabitants assembled with arms, to repel force by force; from this the inhabitants of said district may date the beginning of the war for our rights and liberties, which we have now joined the United States of America in; I have been a personal actor in both scenes, but can see no odds in the nature of the dispute, however much they may differ in their degree.

FOR thus defending our possessions which the legislative and ex­ecutive powers of New-York, attempted to take from us by vir­tue of subsequent patents, that was laid on ours after the arrival of the above prohibition, we were indicted for rioters, large sum [...] of money offered for us, also twelve acts of out-lawry was made by said legislative body, dated the 9th of March 1774, by which acts the judges were impowered to award sentence of death with­out the criminal's ever being arrested or arraigned before the bar. — North.— Before this act of out-lawry was made, the following report arrived, viz.

Extract from a report from the Lords of Trade to the committee of his Majesty's most honourable Privy Council for plantation affairs, dated December 3, 1772.

UPON the fullest examination into all the circumstances which at present constitute the state of that district between the rivers Hudson and Connecticut, out of which the greatest discords and confusion have arisen, it seemeth to us that the principal objection of attention in the consideration of any measures that can be suggested for restoring public tranquil­lity and quieting possession, are

First, Those townsh [...]ps which having been originally settled [...]nd established under grants from the government of the Mas­sachusetts-Ba [...] fell within this district by the determination of the northern boundary of that province, in the year 1740.

[Page 18] 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 the 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 brings upon them, and when we add to these considerations, the great reason there is to believe that the grants were made on the ground of military services against the enemy, we do not hesitate to submit to your Lordships our opinion, that the present proprietors of those 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 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 Maj [...]sty, in case the gran­tees should insist on their title, we submit to your Lordships, whether it might not be expedient in order to qui [...]t the original proprietors in their possessions, to propose, that all such persons who may claim possession of lands within the limits o [...] such townships, under New-York grants, should upon cond [...]t [...]o [...]s of [Page 19] their quitting such claim, receive a grant under the seal of New-York, upon the like terms and free of all expences, of [...] 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 so improved.

WITH regard to those grants made by the government of New York, which fall under the second description, and upon which actual improvement has been made, they disappear to us to deserve the same consideration, and that the proprietors ought not to be disturbed in their possessions, [...] t [...]eir im­provement be to a gr [...]ater or lesser extent. But [...] leave to observe to your Lordships, that in both cases n [...] [...]sideration 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 opi­nions, that provided such townships do not include lands with­in the limits of some antecedent grant, vpon which ac­tual improvement has at any time been made, it would be ad­visable they should be confirmed as townships, according to the limits expressed in the grants thereof, and that all persons hav­ing possession of any share in said townships, either as original grantees, or by purchase or conveyance, and upon which shares any actual improvement or settlement has been made, ought in justice to have been or to be in future disturbed in the posses­sion of such sh [...]res, [...] they to be bound to any other conditions, whether of quit-rent or otherwise, than what is con­tained in the grant.

I shall here make [...] miscellaneous remarks on the conduct of [...] New York to the inhabitants on the east [...] the mountains in said district.

[Page 20] [...] had [...] jurisdiction, the legislative body [...] a law to elect [...] which now comprehends the county of Cumberland [...] [...]ounty, and sent the same to the cou [...]t of Great-Brita [...], to be there ratified and confirmed; in the mean time they arrogated power to commissionate favourite fo­reigners to the place of [...] officers, they also commissionated a great number of both civil and military officers, such as would be most likely to be subservient to bring about their vile and mercenary purposes. But alass! to their great surprize, this law was sent back negatived, yet in open violation to the laws of the crown, the legislative and executive powers assumed to themselves authority to hold courts, their conduct was so notorious, that it was [...] of that odious and never to be forgotten massacre at the [...], in said Cumberland county, on the evening of the thirt [...]h of March 1775, in which several persons were actu­ally murdered—Oh horrid scene!

SOME of those officers, thus appointed, were very officious in advising the inhabitants to take re-grants of their lands, they were also terrified by threats from said province, that if the people did not comply with their terms they should lose all their possessions, by which means they seduced the inhabitants of some towns so as to take subsequent patents.

THE Governor and Council of New-York have been aiding, assisting and consenting to a mandamus being laid on the antient town of Hinsdale, which was first appropriated by a purchase from the Indians, secondly by a gra [...]t from the Massachusetts-Bay, thirdly by the government of New-Hampshire, and fourthly, by an uninterrupted possession and occupancy about seventy years.

THE Assembly of New York in their state of the rights of the colony of New-York, &c. in order to rid their government of the blame justly due, say, that said mandamus proceeded from the crown, and was an act decisive in itself.

[Page 21]A very extraordinary representation, the right of election is re­stricted entirely to crown lands, whereon no christian subject to the crown is settled by possession or otherwise. Common sense may teach, that a manda [...]us, or any other crown grant, cannot subvert the property which the subject holds under the crown, by virtue of prior grants; that would overturn all grants and make the King absolute.

THUS it plainly appears, that self-interest was the moving cause of the government aforesaid making such a representation to the court of Great-Britain; had it not been for sake of profit to them­selves, it is not likely they would ever have troubled his Majesty on this subject, and if they had done it in the simplicity of their hearts, to accommodate the inhabitants in general as to trade, &c. they would have solicited his Majesty to annex said district to the province of Quebec, as said grants are bound about 100 miles on the eastern shores of Lake Champlain and from the north end of said lake to Chamblee is twelve miles land carriage, and to Mon­treal eighteen, near the latter, in the river St. Lawrence, seventy-gun ships have sailed.

I cannot see that it would be any way incompatible, provided the inhabitants of said district should trade to New-York, Connecticut river, Lake Champlain, &c. and be in a new State; it never was supposed, that jurisdictional lines were so drawn, that each govern­ment would have sea ports in them, so as to best accommodate every part; but in free states, every part of the country trades to the [...]ighest and best sea-ports, without any regard to jurisdicti­onal lines, witness the western part of the Massachusetts-Bay and Connecticut, they have made their main trade to the city of New-York ever since the origin of their settlements.

I have heard some people raise this objection, viz. That it was inconvenient for the district of the New-Hampshire Grants to be a State, for the sole reason of there not being a seaport in said district. I freely grant we have none, and if we were annexed to [Page 22] any other State that would not bring a seaport any nearer to us; those things are immovable, yet I think we are as well off as ever any inland State was, in consequence of our bordering so far on Lake Champlain, &c. by which means the State may be supplied with all kinds of goods at a reasonable rate, and make a good market for all such species as are to be spared in exchange. In some parts of the world there is inland kingdoms, and why not inland States; we have our advantages and disadvantages in this as well as in all oth [...]r things.

AT this time many of the most valuable ports in America are blocked up by our cruel enemies, the river St Lawrence for one, all the province of Quebec is in heir poss [...]ssion, yet, as I was with our army at Quebec, I am conscious to myself that there is many friends to America now in that province. We have the greatest reason to believe that in the sequel of this wa [...], all the [...]merican ports will be cleared of those cormoran [...]s that now invest them, and that the province of Quebec will become one of the United States of America, and as wars have ever been frequent in all king­dom [...] and countries, no doubt but that the United States of America will sooner or later be involved in wa [...]; wherever war centers in any country it brings the greatest calamities and most dreary scenes▪ witness Boston, Charlestown, New-Jersey, &c. in such days the invaders of America must fi [...]st begin on s [...]me of the frontier States, then we must send forth the ha [...]dy soldier, to assist our friends and brethren wherever occasion shall require, then will women and children, houses and property be sa [...]e with us, while in [...] frontiers of a neighbouring state, women ravished and murdered, children killed, houses and property destroyed▪ oh! horrid scene!

ONE special reason why the district of the New Hampshire Grants cannot connect with the State of New York is, the Su­preme C [...]urt in Albany at July t [...]m, in the year 17 [...]9 expressly declared the New-Hampshire [...]ha [...]ter [...] null and void, by [...]aid court's giving writs of possession against the New-Hampshire [Page 23] settlers by virtue of subsequent patents from New-York, by rea­son of which several of the New-Hampshire setlers were dispos­sessed [...] farms and tenements; therefore the inhabitants of said Gra [...]ts, cannot be freeholders in said State, to act in any public business, till they take re [...]grants of their lands, which we cannot do by any other means, than by purchasing subsequent pa [...]tents from our greatest antagonists, and at their own price, which most certainly would have been very unhealthy for our purses.

PERHAPS some queries may arise in the minds of some gentle­men whether the district of the New-Hampshire Grants in their infant state, have men that are capable to govern the internal po­licy of a State, and are able to support government: I would ask such gentlemen, which of the United States of America, were so well peopled and [...]o able, when they began government, as we are, surely, I think, not one, but many weaker: As to men of learning and sagacity to rule a State▪ I see no great difficulty in, though it is not common that men of so great lea [...]ning as some in the world, would go to subdue the dessolate wilderness, yet I think we have men of as much virtue, and as good talents by nature, as any in the world.

TENT makers, coblers and common tradesmen, composed the legislature at Ath [...]ns, "is not the body (said Socrates) of the Athe­nian people composed of men like the [...]e." For [...] man to a [...] and say, that we have not men that can govern the internal policy of a State, might with the same pa [...]ity of reason [...]ay, that the United States of America, should always be subject [...] Great-Britain, because there was men of more u [...]ver [...]al kn [...]wledge as to ruling the scepter, and more expe [...]n [...]ed Gene [...]als, and better equipped with shipping and warlike stores, &c.

NECE [...]SITY is the mother of invention; we find, by experience, that we have as go [...]d men to [...]ule [...], as Br [...]tain her [...], and as noble Generals in the field as English annals have any [Page 24] account of, powder, cannon and all kinds of warlike stores are manufactured amongst us, ships of war are built, nay, the pre­parations of war goes on with such rapidity, that it is not to be parrellelled in history, foreign powers are now assisting the rising States of America in many respects.

THIS [...]he United States could not have done, had they not as­serted their free and natural rights and liberties that was given them by the God of nature, thereby to throw off the heavy yoke of bondage that George the third has prepared for us and our successors.

NEITHER will the people of the district of the New-Hamp­shire Grants ever be a free and happy people, except they sted­fastly maintain the free and natural rights and liberties that was given them by the God of nature, thereby to throw off the bon­dage, that the former litigious government of New-York has at­tempted to ensnare us with. Those things have greatly deterred our settlements, and should this obstacle be moved out of the way, no doubt but many worthy gentlemen fit for any station in life, would move into our territories, which would be to the mu­tual benefit of the whole.

IT is true our settlements are not many of them of an antient date, yet are very flourishing, and like young beginners we are willing to work for our living; we have a plenty of fertile lands, our territories are considerably larger than either of the States of New Hampshire, Connecticut, Rhode Island and Providence Plantations, or New-Jersies, no doubt but in a short time will be as well peopled, as we are but small as to numbers, our public concerns will also be small in proposition, and as to a mode of go­vernment, there can be no great expence in that, for the thi [...]teen United States will all form their modes of government before we shall and we can have the privilege of perusing them, and if any of t [...]em should be agreable the people can adopt them, or take such parts as sh [...]ll best [...]u [...]t them. Our Assemb [...]ies and courts [Page 25] will have but short sessions, and have but little way to go, and all such money will be spent [...] the State, and [...] the power of legis­lation is now in the people, they will not have occasion to com­missionate many sallary officers in the State, they will also set all officer's fees at a reasonable rate; as to Court-houses, some are already built, and I cannot see why we should be at any more [...] ­pence on that account, if we are in a new State, than if we [...] annexed to any other, for take it which way you will Court-houses and jails will be wanted, therefore I cannot see where any very great expence should arise from.

IF we were to be in the State of New-York, then we must send delegates to sit in the Provincial Congress of said State, it would be a long and expensive road to travel and an expensive place when there, and in order to have the people properly represented, there should a considerable number go, and when they are all met in Congress, the State would be so large, that gentlemen from the extreme parts would not personally know but very little bet­ter the situation of the other extreme parts than a gentlman would from London, yet most of them must stay and see what was done, and give their consent for or against, and as there has been an unhappy dispute between this district and the former go­vernment of New-York, and some members of that honourable house have been our greatest antagonists, it is possible the best of men might be some biased, though unperceivable to them, thus these gentlemen will spend near or all the year, in doing what little business concerns this district, and assist others to do theirs, which they know nothing of, and in getting other gentlemen to give their consent to all resolves that concerns this district, who will be equally ignorant of our situation by reason of their local situation from ours, this being the case, it necessarily follows, that there ought to delegates enough go from this district, to know all business that should be necessary to be done for said district, if so, surely the same gentlemen might much easier and cheaper, do their business, by meeting in some convenient place in this dis­trist, where no other business would interfere with theirs.

[Page 26]WHEN civil laws should again take place, doubtless there would be many actions appealed up to the supreme court at New-York, and as the state would be so large, doubtless they would be full of business, for that and many other reasons, it is likely ac­tions would be continued from one session to another, no doubt some very disputable cases, that would need numbers of evidences personally to speak: What an amazing expence it must be, for a man to go 450 miles to attend a court in this situation, yet his action may be put along through several courts. In this way of expence would go many thousand pounds out of this district.

THE great distance of road betwixt this district and New York, is alone a convincing argument, that the God of nature never de­signed said district should be under the jurisdiction of said State.

I Now appeal to the impartial reader, which of these two ways would be best, wisest and cheapest, both for the district of the New-Hampshire Grants and the State of New-York.

— Brave countrymen,
We 're here assembled for the toughest fight
That ever strain'd the force of American arms,
See you wide field with glit'ring numbers gay,
Vain of their strength, they challenge us for slaves,
And bid us yield their pris'ners at discretion!
If there's an American among you all
Whose soul can basely truckle to such bondage,
Let him depart! For me, I swear by Heaven,
By my great father's soul and by my fame,
My country ne'er shall pay a ransom for me;
Nor will I stoop to drag out life in bondage,
And take my pittance from a Briton's hands.
This I resolve, and hope, brave countrymen,
Ye all resolve the same.

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal. The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission.