Surveyor of Woods, if Mr. Wells cloath'd with the power and influence of magistracy, may still be an example of counteracting and frustrating such useful and essential laws with impunity." The remainder of the letter was occupied with eulogiums on the "just, legal, and impartial administration of the court of Vice-Admiralty," regrets at the unhappy state of feeling then existing among the inhabitants of the New Hampshire Grants, and promises of assistance in supporting law and order.

Accompanying this communication was a memorial of the same date from Governor Wentworth as Surveyor-General to Lieutenant-Governor Colden and the Council. In defence of the proposal which was to follow, he declared that by "the express terms" of the charters issued "under the public seal of New Hampshire," lands were to revert to the king, "with right of re-entry" when those who held them were guilty of cutting the pine trees with which they abounded, without first obtaining a license. In conformity with this stipulation, he desired that the lands in Windsor where the trespass had been committed, might be taken from the Deans and escheated to the king. He further remarked, that by such a course the laws for the preservation of his Majesty's masting timber would be more effectually enforced. If other measures, he added in conclusion, shall be pursued, "that penalty of the statute which was wisely formed, and which by the experience of nearly half a century has in other provinces been found effectual," will be eluded and defied.

These documents having been read before the Council of New York on the 14th of March, an answer to that portion of them in which Wells was charged with misconduct, in advancing money on the personal effects of the Deans, was deemed just and proper. Governor Wentworth was in consequence informed on the 21st of March, "that the persons who assigned the goods were then in prison; that having no means of subsistence, Mr. Duane, their counsel at law, advised the assignment of the goods as necessary for their support, which were of small value, and were sold to Mr. Wells, and the monies applyed accordingly; that Mr. Wells declined taking the goods, until Mr. Duane assured him he might do it with safety; and that his acceptance of the goods was therefore rather to be considered as an act of humanity, than prejudicial to the Crown."

On the 14th of August, a committee consisting of William

1770.]

REPORT OF THE COMMITTEE.

157

Smith, Henry Cruger, and Henry White, were appointed by an order of the Governor and Council of the province of New York, to consider the letter and memorial of Governor Wentworth, and the accompanying documents. In answer to the first charge brought against Mr. Wells, namely, that he endeavored to frustrate the arrest of certain persons lawfully prosecuted, the committee, after examining his own declaration and the depositions of a number of witnesses, replied in these words:→ "We cannot see sufficient cause to advise, either a removal of Mr. Wells from the places he holds, or any prosecution against an officer, who we are informed sustains a fair character, even in a district where there are not wanting some persons, to whom, from their attachment to the unjustifiable claim of the province of New Hampshire, and his zeal in asserting the right and jurisdiction of this colony, he must be peculiarly obnoxious." To the other charge alledged against Mr. Wells, namely, that he had taken a conveyance of the effects of the offenders, pending the suit, to prevent a recovery of the penalty which they had incurred, the committee made answer, that "parties prosecuted, had by law a right to convey away their effects, and Mr. Wells's acceptance of the grant, with the caution, and in the circumstances, and for the ends proved by Mr. Duane, we cannot conceive to be in the least degree criminal." The committee further advised, that copies of the depositions then in their hands should be sent to Mr. Wentworth, "in justification of the conduct of this government, and to show his Excellency our readiness to make diligent examination into the matters of his complaint."

In answer to the request contained in the memorial, that the lands of the trespassers might be declared forfeited, the committee, in concluding their report, replied:-We "conceive that advantages of broken conditions expressed in royal grants, are to be taken in a legal course, by regular prosecutions against the patentee; and that it would be manifestly improper to order any steps for that purpose in the present case, because we consider the grant which his Excellency refers to, as merely void for want of authority in the government of New Hampshire, to issue patents for lands (as has been done in many instances) on the west side of Connecticut river."

In this manner ended the foolish attempt of Governor Wentworth to gratify his feelings of dislike towards the inhabitants of the "Grants," who acknowledged the jurisdiction of New

York, by persecuting a few harmless individuals, who, if they had committed any wrong by trespass, had been driven to it by the neglect of the Surveyor-General's deputies. It does not appear that the prosecution against the Deans was continued after the Council of New York had expressed their opinion so plainly on the subject, and it is more than probable that the suit was abandoned, when it was found that the real motives of Governor Wentworth, in pursuing the course he had adopted, were more deserving of reprobation than of praise.*

Doc. Hist. N. Y., iv. 621–633, 645–660. MS. Deposition of Ephraim Ranney and Silence, his wife, March 28d, 1770; also of Rachel Dean, wife of William Dean Jr. MS. Council Minutes, in office Sec. State N. Y., 1770, pp. 179, 181, 193, 195-197.

CHAPTER VII.

PROGRESS OF ORGANIZATION. >

Gloucester County established-Sessions of the Court at Kingsland-Col. Nathan Stone of Windsor-His Conference with Col. Samuel Wells-Troubles at Windsor-Assault on the Sheriff of Cumberland County-Attempt to Overawe the Courts-Dislike towards John Grout, an Attorney-Determination to "Throw him over the Bar"-Grout taken by the Mob-Carried to Charlestown— Thence to Windsor-He refuses to accept the Terms of the Rioters-Escapes from Confinement-The Inhabitants of the "Grants" petition the King-Large Tracts of Land in Hinsdale and Guilford granted by Gov. Tryon to Col. Howard-Disturbance at Putney-Attempts at Jail Building by Thomas Chandler-Description of the Jails-The People of Cumberland County petition for a Removal of the Shire Town from Chester-Chandler's Objections to a Change-Subject brought before the Legislature of New York-Act passed for erecting County Buildings-Westminster chosen as the County Town—The "Old Court House."

THE territory north of Cumberland county had for several years been the resort of a "lawless banditti of felons and criminals," who found in that distant region a safe retreat from creditors and officers of the law. There were also living there, a number of poor but reputable people, who, actuated by the desire of extending their possessions and enticed by the cheapness of the land, had settled almost beyond the bounds of civilization, and were striving to subdue the wilderness, and adorn the steeps of the Green mountains and the shores of the Connecticut with the luxuriance of waving harvest-fields. After the formation of Cumberland county, it was generally understood that the remaining portions of the "Grants" were to be deemed a part of Albany county. The authority of the latter county in the district referred to, was, however, merely nominal, and but little respect was paid to officers who issued their precepts at a distance of two hundred miles from the place where they were to take effect, and then left it to chance or a wandering peddler to effect a service. Weary of living without laws, the intel

ligent and well disposed inhabitants of the new country, sent a petition to the city of New York asking for the establishment of a county. The subject was taken up in Council, on the 28th of February, 1770, Lieutenant-Governor Colden being present, and its discussion resulted in the passage of an order, directing his Majesty's Attorney-General to prepare the draft of an ordinance establishing as a separate county by the name of Gloucester, the territory lying north of the north line of Cumberland county, and extending from the Green mountains to Connecticut river. The ordinance was passed on the 16th of March, and from that period dates the formation of the county of Gloucester. At the same time, Kingsland was selected as the county town.*

On the 29th of May following, the first term of the courts of Common Pleas and of General Sessions was held at Kingsland, which was then little more than a wilderness. A full bench of judges was present, also three of the four justices of the quorum and the sheriff, but it does not appear that any business was transacted. The court met again at the same place on the 28th of August, and after appointing four constables, Simeon Stevens for Newbury, Jesse McFarland for Moretown, Abner Howard for Thetford, and Samuel Pennock for Strafford, adjourned for three months. On assembling at the appointed time, the 27th of November, the "eight causes" on the docket were "put over;" the constabulary force of Thetford was increased by the addition of Ebenezer Green; Samuel Pennock, Ebenezer Martin, Ebenezer Green, and James Allen, were made county surveyors, and the session was brought to a close. In the following year, on the 25th of February, Judge John Taplin, Sheriff John Taplin Jr., and John Peters, who served in the double capacity of clerk and justice of the quorum or assistant justice, set out from Moretown for Kingsland for the purpose of dispensing justice as usual. Owing to the depth of the snow they were obliged to travel on rackets, and the difficulty of this mode of progression was increased by the want of a road. On the second day of their journey, having travelled a considerable distance, and being unable to decide as to their situation, except that they were "far in the woods," they made a halt and "the court was ordered to be opened on the spot." The records of the doings on this occasion and at the next session are in these

* The boundaries of Gloucester county are given, ante, pp. 5, 6.