New Hampshire Grants
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The New Hampshire Grants or Benning Wentworth Grants were land grants made between 1749 and 1764 by the colonial governor of the Province of New Hampshire, Benning Wentworth. The land grants, totaling about 135 (including 131 towns), were made on land claimed by New Hampshire west of the Connecticut River, territory that was also claimed by the Province of New York. The resulting dispute led to the eventual establishment of the Vermont Republic, which later became the U.S. state of Vermont.
Background
The territory of what is now Vermont was first permanently settled by European settlers when William Dummer, acting governor of the Province of Massachusetts Bay, ordered the construction of a fort roughly where Brattleboro is located. Massachusetts laid claim to the territory west of the Merrimack River at the time, and it had settlers on the Connecticut River who were prepared to move further north. The border between Massachusetts and the neighboring Province of New Hampshire was fixed by royal decree in 1741 at a line 3 miles (4.8 km) north of Pawtucket Falls, where the Merrimack River turns north. This decision eliminated claims by Massachusetts to the north of that line. The territory between the Connecticut River and Lake Champlain, however, was also claimed by the Province of New York, the claims of which extended eastward to Connecticut.
Also in 1741, New Hampshire native Benning Wentworth was appointed the first governor of New Hampshire of the 18th century who was not also a governor of Massachusetts. Wentworth chose to read New Hampshire's territorial claims broadly. He construed the decree setting the New Hampshire-Massachusetts border to mean that New Hampshire's jurisdiction extended as far west as the jurisdiction of Massachusetts extended. Since the Massachusetts boundary extended to a point 20 miles (32 km) east of the Hudson River, Wentworth assumed the area west of the Connecticut belonged to New Hampshire. New York based its claim on the letters patent, which granted Prince James, Duke of York, brother of King Charles II, all of the lands west of the Connecticut River to Delaware Bay.
Grants
New Hampshire
Wentworth made the first grant, Bennington, a township west of the Connecticut River, on January 3, 1749. Cautioned by New York to cease and desist, Wentworth promised to await the judgment of the king, and refrain from making more grants in the claimed territory until it was rendered, but in November 1753, New York reported that he continued to grant land in the disputed area. Grants briefly ceased in 1754, because of the French and Indian War, but in 1755 and 1757, Wentworth had a survey made 60 miles (97 km) up the Connecticut River, and 108 grants were made, extending to the line 20 miles (32 km) east of the Hudson, and north to the eastern shore of Lake Champlain.
The grants were usually six miles square (the standard size of a U.S.
New York
While Wentworth's land sales were underway, New York also issued land patents in the same area. However, in contrast to the New Hampshire grants, the New York patents were generally irregularly shaped and issued to wealthy landowners. The New Hampshire grants were "town-sized," and generally settled by middle-class farmers. Most of the New York boundaries were ignored in favor of the New Hampshire boundaries and designations once Vermont achieved statehood, and some of these New York patents are now referred to as paper towns because they existed only on paper.
Royal adjudication
In September 1762, New York found New Hampshire surveyors working on the east side of Champlain, provoking the former colony's government to reiterate its claim to the area, citing both its own patent and the New Hampshire letters patent of 1741. In March 1764, Wentworth released a statement to the effect that the resolution of jurisdictional dispute required a royal verdict, which he was certain would be made in his favor. Meanwhile, he encouraged his grantees to settle in the land and to cultivate and develop it.
New York appealed to the Board of Trade, requesting a confirmation of their original grant, which finally resolved the border dispute between New York and New Hampshire in favor of New York. The royal order of July 26, 1764, affirmed that "the Western bank of the Connecticut, from where it enters the province of Massachusetts Bay as far north as the 45th degree of northern latitude, to be the boundary line between the said two provinces of New Hampshire and New York." Wentworth issued his final two grants on October 17 of that year: Walker and Waltham.
Invalidation
New York interpreted the decision as invalidating Wentworth's grants entirely—to the great dismay of area residents—and subsequently divided the territory into four counties,
In 1770, the New York Supreme Court declared all of Wentworth's grants invalid, thereby asserting the province's de jure control over the region. This infuriated residents, including Ethan Allen and his Green Mountain Boys, who rose up to resist those efforts. While the resistance faded, so did New York's desire to assert its claim on the land around the Upper Connecticut, as a more pressing issue—revolution—moved to center stage.
Independence and statehood
In January 1775
Some former Green Mountain Boys companies served in the
In 1777 the citizens of Vermont declared their full independence from Great Britain and established a constitution. The first elections under this constitution were held on March 3, 1778, and on March 12, the new government was organized at Windsor.[2]
During the later stages of the Revolutionary War (early 1780s) several Vermont officials engaged in
Following the
See also
- List of towns in Vermont
- Equivalent Lands
References
- ^ Fritz, Christian G. (2008). American Sovereigns: The People and America's Constitutional Tradition Before the Civil War. Cambridge University Press. pp. 60–67.
- ^ a b Forbes, C.S. (March 1902). "Vermont's Admission to the Union". The Vermonter: A State Magazine. VII (8). St. Albans, Vermont: Charles S. Forbes: 102.
- ^ "The 14th State". Vermont History Explorer. Vermont Historical Society.
Sources
- Robinson, Rowland (1892). Vermont: A Study of Independence. Cambridge, Massachusetts: Houghton Mifflin Company (American Commonwealths Series).
- Thompson, Charles Miner (1942). Independent Vermont. Boston: Houghton Mifflin Company.
- Van de Water, Frederic (1941). The Reluctant Republic: Vermont 1724–1791. New York: The John Day Company.
External links
- The Problem of the New Hampshire Grants
- Virtual Vermont: Benning Wentworth
- Vermont Genealogy Resources
- Vermont vs. New Hampshire 289 U.S. 593 (1933) at FindLaw