Home > Books & Sources > Resolve on the Petition of Palmer Gardner, approved January 24, 1792

Resolve on the Petition of Palmer Gardner, approved January 24, 1792

2 September 2011 Leave a comment Go to comments

I had some copies made from the Massachusetts Archives from the legislative packet related to the January 24 1792 general court resolve to grant land in Lincoln County to people who had lost land in the surveying of the boundary with New York. On October 1, 1798, Caleb Eddy was ordered by the Supreme Judicial Court to post notice in newspapers about his petition before the petition was to be heard on the June 26, 1799 by the Supreme Judicial Court at Pownalborough (now in Maine). John C William was Caleb Eddy’s attorney, and H W Dwight was the court clerk on October 1, 1798. I had seen these notices in newspapers while searching for Palmer Garnder, and was hoping to find reference of any Dyers, since the Dyers and Gardners supposedly owned adjoining lands…but I did not. Still interesting and valuable, just not something that would knock down a brick wall.

I’m not sure where this Groton is located. Asa Douglas was a Jericho valley pioneer (Jericho being for former land grant of the Hancock area) who lived in Stephentown, NY, and who was a representative of the area in the MA House of Delegates. Douglas’ son Benajah Douglas settled in Ballston Spa, New York. The present village of Groton, NY seems too far away–but Massachusetts had tried to claim as far west as they could, though I had thought that they weren’t that aggressive by 1771. Groton, MA is too far east to be questioned in relation to NY. Groton, CT and Groton, VT are too far away from any NY/MA joint contested border.

[folio 1 verso]

The proprietors petition of the Groton grant

Comtee on Petn of Groton Propr

Mr. [Jones?] B
Mr. Bowdoin
Mr. Parsons

[folio 1 recto]

Commonwealth of Massachusetts

In the House of Representatives, June 10th 1790

On the petition of Palmer Gardner, Noah Eli, Reuben Hewett, Daniel McCarthy, Eleazer Bateman, Thos Eldridge, Jeremiah Mark, John Cops, Asa Douglass, Caleb Eldridge, James Osbourne, David Warren, John Rathburn, Barnett Stilwill and Jonas Shed praying compensation may be made them for lands lost by running the line between this Commonwealth and the State of New York.

Whereas it appears to this Court that Nineteen Hundred and eighty acres of Land belonging to a Grant of Land made to the proprietors of Groton in the Year 1771 have fallen within the State of New York and whereas it appears also that nine hundred and eighty acres of the Grant aforesaid were sold by the proprietors of Groton aforesaid to the above petitioners.

Resolved that the committee on the subject of unappropriated Land in the County of Lincoln be and they hereby are impowered and directed in behalf of this Commonwealth to confirm to aeach ofb the petitioners also caccording to the number of acres each of they Lost.d such a quantity of the unappropriated land in e the four eastern counties in this Commonwealth as the sd f Commissioners shall estimate to be worth g£245 in full [consideration?] of the Land lost [?] [?]

Sent up for concurrence

David Cobb Spkr

In Senate Febr. 19, 1791–
Heard + concurred with amendments as a, c, e, f, + g

Sent down for concurrence Saml Phillips Presidt

a. dele from a to b
c. dele from c to d
e. ins. either of
f. dele “Comissioners” + ins Committee
g. dele £245 + ins Five hundered + forty five pounds (in words)

[folio 2 verso]

Resolve on the Petition of Palmer Gardner and others granting them lands

Approved January 24, 1792

Groton Proprietors

March 1791 Refer’d

concurred

[folio 2 recto]

Commonwealth of Massachusetts

In the House of Representatives

March 9, 1791

On the petition of Palmer Gardner, Noah Eli, Reuben Hewett, Daniel McCarthy, Eleazer Bateman, Thomas Eldridge, Jeremiah Mark, John Cops, Asa Douglass, Caleb Eldridge, James Osbourne, David Warren, John Rathburn, Barnett Stilwill and Jonas Shed praying compensation may be made for them for lands lost by running the Line between this Commonwealth & the State of New York.

Whereas it appears to this Court that nineteen hundred and eighty acres of land belonging to a Grant of land made to the proprietors of Groton in the Year 1771 have fallen within the State of New York and whereas it also appears from the Representation of the above Petitioners that nine hundred and eighty acres of the grant aforesaid were sold by the said petitioners of Groton aforesaid to the said petitioners–

Therefore Resolved that the Comittee on the subject of unappropriated land in the County of Lincoln be and they are hereby impowered and directed in behalf of this Commonwealth to convey and confirm to the said petitioners such such a quantity of the unappropriated land in either of the four eastern counties in this Commonwealth as the said Committee shall estimate to be worth Two hundred and forty five pounds*

Sent up for concurrence

David Cobb Spkr

*to have & to hold the same to them their several Heirs and assign in proportion to the Several quantities of Land which they have respectively lost as aforesaid provided the Petitioners have actually purchased the right of the said Proprietors of Groton to the said Nine hundred & Eighty acres & now hold the same.

[folio 3 verso]

Report upon Palmer Gardners Petition

concurred

[folio 3 recto]

Commonwealth of Massachusetts

In the Senate Jany 23d 1792

On the petition of Palmer Gardner, Noah Eli, Reuben Hewett, Daniel McCarthy, Eleazer Bateman, Thomas Eldridge, Jeremiah Mark, John Cops, Asa Douglass, Caleb Eldridge, Jas Osbourn, David Warren, John Rathburn, Barnett Stilwill & Jonas Shed praying compensation may be made them for lands lost on running the line between this Commonwealth & the State of New York. –Whereas it appears to this Court that nineteen hundred & eighty acres of land belonging to a Grant of land made to the proprietors of Groton in the Year 1771 have fallen within the State of New York, & whereas it also appears from the representation of the above Petitioners that nine hundred & eighty acres of the grants aforesaid were sold by the said proprietors of Groton aforesaid to the said petitioners. –Therefore Resolved that the Committee on the subject of unappropriated land in the County of Lincoln be & they are hereby impowered & directed in behalf of this Commonwealth to convey & confirm to the said petitioners such a quantity of the unappropriated land in either of the four Eastern Counties in this Commonwealth as the said Committee shall estimate to be worth two hundred & forty five pounds. –To have and to hold the same to them their several heirs & assins in proportion to the several quantities of land which they have respectively lost as aforesaid provided the said Petitioners have actually purchased the right of the said Proprietors of Groton to the said Nine hundred & eighty acres & now hold the same.

Sent down for concurrence
Saml Phillips Presidt

In the House of Representatives Jany 24 1792
Read & concurred John [Coffin?] [Jones?] [?] [?] [?]
Approv’d
John Hancock

[folio 4 verso]

Report upon Palmer Gardners Petition

concurred

[folio 4 recto]

To the Honourable Court the petition of the subscribers [?] of the proprietors of the Township of Groton Humbly shows that whereas the Said proprietors of Said Township Laid out a certain tract of land Granted to them by the General Court in the Supposed town of Hancock who sold great part thereof to us the subscribers and [yisok?] their pay for the same and by the Running of the line between the Commonwealth of Masachusits and the State of New York great part thereof is cut of from said Masachusits and we understand that the original proprietors [?] the Honourable Court for a compensation to be made to them for all the land cut off from said grant by [said?] [line?] where they have had a full compensation for most of said land from [?] the subscribers which we think is an unreasonable Request of said proprietors to ask a compensation for any more than that which they have not Sold and that your petitioners should have no compensation for all the money they have paid to said proprietors and the Heavy Taxes they have paid to the Masachusits for the lands Belonging to the State of New York. Therefore your petitioners Most humbly pray the Honourable Court to take that matter in to your wise consideration and grant them a compensation for the lands purchased by Said subscribers which [?] off from the Masachusits which the Subscribers have been obliged to [?] of the [?] or loose some at a very high rate a plan of which will be herewith presented Shewing what the said proprietors have sold and what they have not solde that your Honour May be capable of Doing Justice to your petitions and to Said proprietors which is all we Desire and your petitiors as in Duty bound will ever pray.
[signed]
Palmer Gardner
Noah Ely
Elizer Bateman
Reuben Hewit
Daniel Carthy
Caleb Eldredg
Thomas Eldredg
Asa Douglass
Barnet Stilwill
John Rathbon
James Osborn
David Warren
Jonas Shed

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