Proclamation of Governor George Clinton of New York, February 23, 1778.

[See Slade's Ver. State Pap., pp. 82-84.]

By his Excellency GEORGE CLINTON, Esq. Governor of the State of New York, General of all the Militia, and Admiral of the Navy of the

same.

A PROCLAMATION.

WHEREAS the Senate and Assembly of this State, did by L. S. their several resolutions, passed the twenty-first day of this instant month of February, declare and resolve, That the disaffection of many persons, inhabiting the north eastern parts of the County of Albany, and certain parts of the Counties of Charlotte, Cumberland and Gloucester, clearly included within the ancient, original, true and lately established bounds of this State, arose from a contest about the property of the soil of many tracts of land, within those parts of the said counties respectively:

That the said contest was occasioned, partly by the issuing of divers interfering patents or grants, by the respective Governments of New York on the one part, and those of Massachusetts Bay and New Hampshire on the other, antecedent to the late establishment of the eastern boundary of this State; partly by an higher quit-rent reserved on the said lands when re-granted under New-York, than were reserved in the original grants under New Hampshire or Massachusetts Bay, and the exorbitant fees of office accruing thereon; and partly by a number of grants made by the late Government of New York, after the establishment of the said Eastern boundary, for lands which had been before granted by the Governments of New Hampshire and Massachusetts Bay, respectively, or one of them; in which last mentioned grants by the late government of New York, the interest of the servants of the Crown, and of new adventurers, was, in many instances, contrary to justice and policy, preferred to the equitable claims for confirmation, of those who had patented the lands under New Hampshire or Massachusetts Bay:

That the aforesaid disaffection has been greatly increased, by an Act passed by the Legislature of the late Colony of New-York, on the ninth day of March, in the year of our Lord one thousand seven hundred and seventy-four, entitled, "An act for preventing tumultuous and riotous assemblies in the places therein mentioned, and for the more speedy and effectual punishing the rioters: "* That many of the aforesaid disaffected persons, though unjustifiable in their opposition to the authority of this State, labour under grievances, arising from the causes above mentioned, which, in some measure, extenuate their offence, and which ought to be redressed :

:

That, therefore, the Legislature of this State, while on the one hand, they will vigorously maintain their rightful supremacy over the persons and property of those disaffected subjects, will, on the other hand, make overtures to induce the voluntary submission of the delinquents:

That an absolute and unconditional discharge and remission of all *See Slade's Ver. Pap., pp. 42-48.-ED.

prosecutions, penalties and forfeitures, under the above-mentioned Act, shall be an established preliminary to such overtures; which overtures are as follows, viz.

Ist. That all persons actually possessing and improving lands, by title under grants from New Hampshire or Massachusetts Bay, and not granted under New-York, shall be confirmed in their respective pos

sessions.

2d. That all persons actually possessing and improving lands, not granted by either of the three Governments, shall be confirmed in their respective possessions, together with such additional quantity of vacant land, lying contiguous to each respective possession, as may be necessary to form the same into a convenient farm; so as the quantity to be confirmed to each respective person, including his possession, shall not exceed three hundred acres.

3d. That where lands have heretofore been granted by New Hampshire and Massachusetts-Bay, or either of them, and actually possessed in consequence thereof, and being so possessed, were, afterwards, granted by New-York, such possessions shall be confirmed; the posterior grant under New-York, notwithstanding.

Provided always, That nothing in the above regulations contained, shall be construed to determine any question of title or possession, that may arise between different persons claiming under New Hampshire or Massachusetts-Bay, or between persons claiming under New Hampshire on the one, and under Massachusetts-Bay on the other part independent of any right or claim under New-York.

4th. That, with respect to all such cases, concerning the aforsaid controverted lands, as cannot be decided by the rules exhibited in the aforegoing articles, or some of them, the Legislature of the State of New-York, will provide for the determination of the same, according to the rules of justice and equity, arising out of such cases respectively, without adhering to the strict rules of law.

5th. That in all cases, where grants or confirmations shall become necessary, on acceptance of the above overtures, such grants or confirmations shall issue to the grantees, at, and after, the rate of five pounds for a grant or confirmation of three hundred acres or under; and for every additional hundred acres, the additional sum of sixteen shillings; except in cases, where lands shall be granted or confirmed to divers persons in one entire tract; in which case, the grants shall issue, respectively, for fifteen pounds each; which allowances shall be in lieu of all other fees or perquisites whatsoever.

6th. That whenever, agreeable to the above regulations, new grants or confirmations shall become necessary under this State for lands hitherto granted by New Hampshire or Massachusetts-Bay, the same quitrent only shall be reserved, which was reserved in the original grants under New Hampshire or Massachusetts-Bay.

7th. That where lands, heretofore granted by New Hampshire or Massachusetts Bay, have been, since, confirmed to such grantees by new grants under New York, the quit-rents on such lands, shall be reduced to what they were in the original grants under New-Hampshire or Massachusetts-Bay.

8th. That in order to encourage the settlement of the aforesaid disputed lands, in a peaceable subjection to the authority and jurisdiction of this State, and also of all other lands held within and under this State, the following commutation for quit-rents shall be allowed, viz :—

That on payment, at the rate of two shillings and six pence, lawful money, of this State, into the treasury of this State, for every penny sterling of quit-rent reserved; or, on delivering into the same, of seventeen times the quantity of grain or other commodity reserved for such quit-rent, the same shall thence forward be utterly discharged, and forever cease and be extinguished.

That these overtures should be offered with a view, not only to induce the aforesaid discontented inhabitants of the Counties of Albany, Charlotte, Cumberland and Gloucester, to return to a lawful and rightful obedience to the authority and jurisdiction of this State, but also in favor of all others whom the same may concern; and to be of no avail to any person or persons whatsoever, who shall, after the first day of May next, yield or acknowledge, any allegiance or subjection to the pretended state of Vermont, the pretended government thereof, or to any power or authority pretended to be held or exercised thereunder.

That the foregoing overtures, on the condition above expressed, be tendered for acceptance to all persons, to whose care the same, or any or either of them, do or shall apply, upon the public faith and assurance of the legislature and government of the State of New York, pledged to such person and persons for the purpose.

That the several branches of the Legislature of the State of New York, will concur in the necessary measures for protecting the loyal inhabitants of this State, residing in the counties of Albany, Charlotte, Cumberland and Gloucester, in their persons and estates, and for compelling all persons, residing within this State and refusing obedience to the government and legislature thereof, to yield that obedience and allegiance, which by law and right, they owe to this State.

And whereas, The said Senate and Assembly of this State of NewYork, have also, by their resolution, requested me to issue my Proclamation, under the privy seal of this State, reciting their aforesaid declarations and resolutions, and strictly charging and commanding all manner of persons in the name of the people of the State of New-York, to take due notice thereof, at their peril, and govern themselves accordinly:

Í DO THEREFORE hereby, in the name of the people of the State of New York, publish and proclaim the aforesaid declarations and resolutions; and I do hereby, strictly charge and command all manner of persons within this State, at their peril, to take due notice of this Proclamation, and of every article, clause, matter and thing therein recited and contained, and to govern themselves accordingly.

Given under my hand, and the privy seal of the State of New York, at Poughkeepsie, in the County of Dutchess, the twenty-third day of February, in the year of our Lord, one thousand seven hundred and seventy-eight.

GOD SAVE THE PEOPLE.

GEO. CLINTON.

[NOTE. The foregoing proclamation was not accepted by the people of Vermont. An able answer was made to it by ETHAN ALLEN, in August, 1778. (See Slade's Ver. State Pap., pp. 85-88.)-ED.]

NOTE.

About this time a pamphlet appeared, signed "Republican," which advocated and recommended the formation of a new state, to be composed of towns on both sides of the Connecticut river, whose centre or capital should be DRESDEN. The following is an exact copy of said pamphlet (which is very rare), found in the library of the Massachusetts Historical Society, Boston:

[Title-page.]

OBSERVATIONS ON THE RIGHT OF JURISDICTION CLAIMED BY THE STATES OF NEW YORK AND NEW HAMPSHIRE, OVER THE NEW HAMPSHIRE GRANTS (SO CALLED) LYING ON BOTH SIDES OF Connecticut-River. IN A LETTER TO THE INHABITANTS ON SAID GRANTS.

DANVERS: Printed by E. RUSSELL, at his printing-[cut off in trimming]. MDCCLXXVIII.

FRIENDS AND FELLOW CITIZENS.

My acquaintance with Your Political State and circumstances, and of the difficulties attending You, induces me to present You with the following Remarks and Observations, which, according to my apprehension, may serve in some measure to point out the way for a removal of them: And as my only design is to promote the Public Good, if it should have that effect, it will much more than compensate Your real Friend for his little pains.-You will observe, I have proposed to consider the Right of Jurisdiction claimed over You by the States of New York and New-Hampshire.-In prosecuting which I shall begin with the Origin of that Jurisdiction, and pursue it down to the present time.

SHALL therefore begin by taking notice "that King James the First, by his Patent, dated November 3, 1620, incorporated the Duke of Lenox, the Marquisses of Buckingham and Hamilton, The Earls of Arundel and Warwick, Sir Fernando Gorges, and thirty-four others, by the name of the Great Council, established at Plymouth, in the County of Devon, for the planting, ruling, ordering, and governing of New-England, in America."- -And grants to them and their successors and "assigns all that part of America lying and being in breadth from the 40° of northerly latitude from the equinoctial line to the 48° of the said northerly latitude inclusively, and in length of and within all the breadth aforesaid throughout the main lands from sea to sea, together also with all the firm lands, soil, grounds, havens, &c.— -Provided always, that the said islands or any the premises by the said letters patent intended and meant to be granted be not actually possessed or inhabited by any other Christian Prince or State."

THIS Great Council established at Plymouth as aforesaid soon granted

all the lands contained in their said Grant (as they supposed) to the several New-England Colonies, and resigned their Grant into the King's hands; and among the several grants they made, they granted to the ancestors of Robert Mason, Esq; his heirs, &c. a tract of land about twenty-four miles on the sea shore, extending back into the Country about sixty miles, commonly called New-Hampshire; which lands on the easterly part of them next to the sea soon began to settle, but were much prevented by the Indian wars, and the settlers were under no regular form of Government, except that the Massachusetts-Bay in some measure exercised Jurisdiction over them.- -In this situation they continued until after the restoration of Charles the Second, and in the sixth year of his reign a commission was granted to John Cutts, Esq; President of the Council established for the ruling and governing of said NewHampshire, bounding it as follows, viz. "Lying and extending from three miles northward of Merrimack-River, or any part thereof, unto the province of Maine (No. "E.") "—Afterwards, in said commission there is this further clause, viz. “And it appearing unto Us that the ancestors of Robert Mason, Esq; obtained Grants from our Great Council of Plymouth for the tract of land aforesaid, and were at great expence upon the same," &c.—Whereby it appears that said province of NewHampshire as it was then bounded, and the grant to the said Mason was one and the same tract of land; under which form of Government said province of New-Hampshire continued until a commission was granted to Benning Wentworth, Esq; enlarging the extent of said province by including all the lands in said Grants on both sides of Connecticut-River, with power of granting them in the name of the King; and also right of Jurisdiction over the whole; which Governor Wentworth granted great part of those lands included in said Grant previous to the sixth year of the reign of George the third, when his said commission was revoked, and a commission granted to John Wentworth, Esq; to preside Governor over the same extent of Territory; who continued in his seat of government until the commencement of the present war, and then left it vacant.-These commissions are all the Grants that were ever made or given to said province of New-Hampshire relative to their Civil Government; and were held subject to alteration or revocation at the pleasure of the Crown: And the said John Wentworth while he presided Governor as aforesaid granted the remainder of the lands on said Grants; and in consequence thereof the Grantees have entered upon them and cultivated and improved them, extending from said former province of New-Hampshire, or said Mason's westerly line westward to Lake-Champlain or thereabouts; southerly to the north line of the Massachusetts-Bay; northerly to the Canada line, and easterly to the province of Main.

THESE Grants remained under the Government of New-Hampshire until about the year 1764; when a determination of the Lords of the Board of Trade and Plantations was obtained by the Province of NewYork, that the Jurisdiction of the Grants west of Connecticut-River should be under New-York; at the same time confirming and approving those Grants by Governor Wentworth as aforesaid.

IN this situation the Government on those Grants continued until the commencement of the present war; since which the several Conventions and Assemblies of the State of New York claim Jurisdiction over those Grants west of Connecticut-River, and the Conventions and Assemblies of the State of New-Hampshire claim Jurisdiction over the Grants east