Vermont: A Study of Independence

by Rowland Evans Robinson

THE NEW HAMPSHIRE GRANTS.

As early as 1749, a dispute concerning the boundaries of their provinces had arisen between the governments of New Hampshire and New York, when Governor Benning Wentworth of New Hampshire had communicated to Governor Clinton of New York his intention of granting unimproved lands within his government under instructions received from his Majesty King George Second, and inclosed his Majesty's description of the province of New Hampshire.[27] In 1740 the king had determined "that the northern boundary of Massachusetts be a similar curve line pursuing the course of the Merrimack River at three miles distance on the north side thereof, beginning at the Atlantic Ocean and ending at a point due north of a place called Pautucket Falls, and by a straight line drawn from thence due west till it meets with his Majesty's other governments."

By this decision, reaffirmed in Governor Wentworth's commission, the government of New Hampshire held that its jurisdiction extended as far west as that of Massachusetts, which was to a line twenty miles east of Hudson River. Furthermore, the king had repeatedly recommended to New Hampshire the support of Fort Dummer, as having now fallen within its limits, and which was well known to be west of the Connecticut.[28]

But it was ordered by the governor's council of New York "that his Excellency do acquaint Governor Wentworth that this Province is bounded eastward by Connecticut River, the letters Patent from King Charles the Second to the Duke of York expressly granting all the Lands from the West side of Connecticut River to the East side of Delaware Bay."[29]

Governor Wentworth had already, in January, 1749, granted one township west of the Connecticut, which in his honor was named Bennington, but he now promised for the present to make no further grants on the western frontier of his government that might have the least probability of interfering with that of New York. Later he agreed, by the advice of his council, to lay the matter before the king and await his decision, which his government would "esteem it their duty to acquiesce in without further dispute," and furthermore agreed to exchange with the government of New York copies of the representation made to the king.[30]

This the council of New York reported in November, 1753, that he had failed to do.

This wrangling of governors and councils continued till the beginning of the war in 1754 stopped for the time applications for grants, when the mutterings of the inter-provincial quarrel were drowned by the thunder of the more momentous contest of nations.

With the subjugation of Canada, the granting of lands in the debatable ground was resumed. Governor Wentworth had a survey made sixty miles up the Connecticut, and three lines of townships were laid out on each side of the river. During the next year sixty townships were granted on the west side of the river, and within two years 108 grants were made, extending to a line twenty miles east of the Hudson, and north of that to the eastern shore of Lake Champlain.

It was reported in New York that a party of New Hampshire surveyors, who were laying out lands on the east side of the lake in September, 1762, asserted that Crown Point was in the limits of their government. In December, 1763, Lieutenant-Governor Colden issued a proclamation reiterating the claim of New York to the Connecticut as her eastern boundary, still basing it on the grant to the Duke of York, and also on the description of the eastern boundary of New Hampshire as given in the letters-patent of his Majesty dated July 3, 1741. He commands the civil officers of his government to exercise jurisdiction as far as the banks of the Connecticut River, and the high sheriff of the county of Albany to return the names of all persons who, under the grants of New Hampshire, shall hold possession of any lands westward of Connecticut River, that they may be proceeded against according to law. This was followed by a proclamation of Governor Wentworth on March 13, 1764, in which he reviews and denies the claim of New York. He says: "At present the boundaries of New York to the Northward are unknown, and as soon as it shall be His Majesty's pleasure to determine them, New Hampshire will pay a ready and cheerful obedience thereunto, not doubting but that all Grants made by New Hampshire that are fulfilled by the Grantees will be confirmed to them if it should be His Majesty's pleasure to alter the jurisdiction." He encouraged the grantees under his government to be industrious in clearing and cultivating their lands, and commanded all civil officers within his province to be diligent in exercising jurisdiction as far westward as grants had been made by his government, and deal with all persons who "may presume to interrupt the settlers on said lands as to law and justice doth appertain."[31]

Though the claims of New York had thus far been founded on the grant to the Duke of York, she now sought to establish it on a less doubtful tenure, and made application to the crown for a confirmation of the same grant. This was supported by a petition representing that it would be greatly for the advantage of the settlers on the New Hampshire Grants to be annexed to New York. To this were appended the names of many such inhabitants, who afterwards asserted that it was done without their knowledge.[32]