gave a new impetus to the settlement; James Abbott, John Taplin, Frye Bayley, and Ebenezer White, were also among the early settlers, and rendered valuable assistance in advancing the interests of the town. The first meeting in Newbury for the election of town officers, was held on the 12th of June, 1764. Jacob Kent was chosen town clerk, John Hazleton, constable, and Jacob Bayley, Jacob Kent, and James Abbott, selectmen. Through the instrumentality of the Rev. Peter Powers, of Hollis, New Hampshire, a church was organized in Newbury during the fall of 1764. On the 24th of January, 1765, Mr. Powers was solicited to "take the spiritual charge of this newly constituted church and society in the wilderness." He accepted the call on the 1st of February following, and on the 27th of the samé month, preached his own installation sermon at Hollis, New Hampshire.

For the purpose of securing the title to the lands in the township of Newbury, Gen. Bayley obtained from Governor William Tryon of New York, a confirmation charter. By the terms of this instrument, which was dated March 17th, 1772, Bailey and twenty-four associates were constituted grantees in trust for the proprietors and settlers under the New Hampshire charter. The whole trust was afterwards assigned to Bailey, who gave a bond to deed the lands to those to whom they belonged.

With the cessation of French aggressions, Indian hostilities had now come to an end. The adventurer, as he paddled his canoe up Connecticut river, with his little stock of baggage and provisions, feared no longer the ambush on the shore; and the emigrant in his new home, lay down to sleep, feeling sure that no midnight foe was near to plunder and destroy. Inducements to settle in the new territory were, it is true, not as great as they had been represented by unprincipled speculators. The soil on the banks of the Connecticut was fertile, and the mountains were well wooded, but the climate was severe, and for many years nothing but a bare subsistence could be expected in return for the most painful toil. Still the men and women who left their homes in Massachusetts and Connecticut, to extend civilization and the arts of peace, knew well the nature of their undertaking. Though some quailed beneath the burdens which want compelled them to bear, there were but few who by reason of their sufferings relinquished their design, or who, from their own experience, warned their friends,

1750-1770.]

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who were hesitating whether to join them or abide at home, the latter course.*

to pursue

* New York Colonial MSS., in office Sec. State, N. Y., Land Papers, November 13th, 1764, May 7th, 1765, vol. xviii.: August 15th, 17th, 23d, September 19th, 28th, 1765, vol. xix.: October 9th, 28th, 30th, 31st, November 2d, 1765, February 3d, July 18th, 1766, vol. xx.: June 25th, July 14th, 15th, 16th, September 5th, October 6th, 1766, vol. xxi.: October 17th, November 3d, December 2d, 1766, vol. xxii. Council Minutes, in office Sec. State, N. Y., 1764-1772, October 7th, 1766, vol. xxix. Thompson's Vt. Gazetteer, ed. 1824, pp. 230, 260. Thompson's Vt., ed. 1842, Part III., pp. 8, 29, 47, 53, 74, 79, 80, 87, 88, 124, 130, 140, 142, 147, 150, 160, 171, 176, 194, 198. Appendix to Deming's Catalogue of Vt. Officers, pp. 135, 147, 151, 168, 173, Doc. Hist. N. Y., iv. 586. Powers's Coos Country, passim.

CHAPTER VI

ORGANIZATION OF CUMBERLAND COUNTY

Early Boundaries of New York-Controversy concerning the New Hampshire Grants-Proclamations of Lieut.-Gov. Colden and Gov. WentworthOrder in Council-"Unlimited County of Albany"-Proposals to establish Counties on the "Grants."-Additional Officers appointed in Albany CountyCumberland County established by Charter-Provisions of the Charter-Road Law-Bradford-Extravagant Grants by the Crown-Repeal of the Act establishing Cumberland County-Cumberland County re-established by Letters Patent from the King-Observations of Cadwallader Colden-Laws to prohibit the cutting of Masting Timber-Conduct of Gov. John Wentworth, the Surveyor-General-Arrest of Willard Dean and William Dean Jr.-Arrest of Ebenezer Fisher-His Release-Voluntary Surrender of Capt. William DeanFriendly Interference of Col. Samuel Wells and John Grout-The Deans imprisoned in New York-Gov. Wentworth's Letter and Memorial-Report of the Committee of the Provincial Council of New York.

WHILE New Netherland was a Dutch province, its northern limit had been placed at the river St. Lawrence, and the Fresh* river had washed its eastern boundaries. When Charles II. gave the province of New York to his brother James, its area included "all the land from the west side of Connecticut river, to the east side of Delaware bay." The governments of Massachusetts and Connecticut had in several instances encroached upon the territory claimed by New York, but the difficulties resulting from these trespasses had usually been amicably settled or at least temporarily adjusted. Never until now had there been an attempt to deprive New York, by systematized action, of rights and domains which she claimed as her own. As has been previously stated, Governor Wentworth of New Hampshire had, as early as 1750, made grants of land west of Connecticut river and north of the Massachusetts line. At the close of the French war he renewed the same course,

* Connecticut.

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PROCLAMATIONS.

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and pursued it with so much vigor, that at the end of the year 1763 he had, with but little show of discretion, divided almost the whole of the New Hampshire Grants into townships, and distributed them among flatterers, followers, and adventurers. In some cases the names of deserving men had appeared in the patents, but the proprietors were mainly speculators, who cared for little else than to sell at advanced prices the lands which they had obtained by gift.

The government of New York had for some time observed with dissatisfaction the course which Governor Wentworth was pursuing, and had to no purpose remonstrated against it. The time for more strenuous measures had now arrived. On the 28th of December, 1763, a proclamation was issued by Lieut.Governor Cadwallader Colden of New York, declaring Connecticut river to be the eastern boundary of that province, and commanding "all judges, justices, and other civil officers" holding commissions under New York "to exercise jurisdiction in their respective functions, as far as to the banks of Connecticut river." He also enjoined the sheriff of Albany county, within whose shrievalty the district in question was comprised, to return to him the names of all persons "who under the grants of the government of New Hampshire" then held or should continue to hold possession of any lands west of Connecticut river, that they might be proceeded against according to law.*

Governor Wentworth, nowise intimidated by this manifest, which he termed "very extraordinary," published a counterproclamation on the 13th of March, 1764, for the purpose of asserting the rights of New Hampshire, and encouraging those who had begun settlements under charters from that province, "to be industrious in clearing and cultivating their lands agreeable to their respective grants." In Governor Wentworth's commission from the King, dated July 3d, 1741, the southern boundary line of New Hampshire was described as extending west," till it meets with our other governments." The western limits of Massachusetts and Connecticut were within twenty miles of Hudson river. These were the limits of his Majesty's "other governments," and Wentworth declared that it was

Doc. Hist. N. Y., iv. 558-560. At the date of this proclamation, the inhabitants in the country between Lake Champlain and Connecticut river were "very few, and almost entirely confined to the townships of Hinsdale, Westminster, Bennington, and Rockingham."-MS. Deposition of Joseph Blanchard, March 1st, 1771.

right that the western extent of the province of New Hampshire should be as great. While making these statements, he was careful to omit an important explanation. By trespass, Massachusetts and Connecticut had stretched their limits far beyond the line assigned them by charter. But they had acknowledged the encroachment, and by treaties New York had ceded to them the lands over which they had attempted to usurp authority.

It was evident that neither of the governors would yield. Recourse was had to the King, and the whole subject was laid before him. By an Order in Council, dated July 20th, 1764, he declared "the western 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 said two provinces of New Hampshire and New York." This declaration was published on the 10th of April, 1765, by the Governor of New York. As to its import, it might seem that there could have been no difference of opinion. But the force of the infinitive was by no means definitive. "The government of New York supposed that the words to be gave the order a retrospective operation, and 'construed them as a declaration that the river always had been the eastern limits of New York; consequently that the grants made by the Governor of New Hampshire were invalid, and that the lands might be granted again.' On the contrary, the grantees under New Hampshire patents, understood these words in the future tense, as a declaration that the Connecticut river was to be from that time forward only, the line of division between the two provinces, and 'consequently that their grants being derived from the crown, through the medium of one of its governors, were valid." Thus arose a fresh dispute, which for ten years continued to excite litigation and animosity, unfavorable to the progress of humanity, and prejudicial to the settlement and civilization of the disputed territory. *

At the time when the Order in Council was promulgated by the proclamation of Governor Colden, the lands east of the Green Mountains and west of Connecticut river, notwithstanding the numerous grants of Governor Wentworth, were but little cultivated, and very sparsely inhabited. According to some

Doc. Hist. N. Y. iv. 570-572, 574, 575. N. Y. Colonial MSS. in office Sec. State N. Y., Monckton and Colden, 1763, 1764, vol. xcii.; Colden and Moore, 1764-1766, vol. xciii. Belknap's Hist. N. H., ii. 315, 316.