USA > Connecticut > The public records of the state of Connecticut, for the years 1783-1784 > Part 1
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Gc 974.6 C767p v.5 1240539
GENEALOGY COLLECTION
-
ALLEN COUNTY PUBLIC LIBRARY 3 1833 01150 4716
Digitized by the Internet Archive in 2010 with funding from Allen County Public Library Genealogy Center
http://www.archive.org/details/publicrecordsofs05inconn
THE
PUBLIC RECORDS
OF THE
STATE OF CONNECTICUT
For the Years 1783 and 1784
WITH THE JOURNAL OF THE COUNCIL OF SAFETY FROM JANUARY 9, 1783. TO NOVEMBER 15, 1783
TENSIS.
SIGILL.
ECTICU
QUI
SU REIP
T
A
R
CONNE
COMPILED IN ACCORDANCE WITH AN ACT OF THE GENERAL ASSEMBLY BY
LEONARD WOODS LABAREE STATE HISTORIAN
HARTFORD PUBLISHED BY THE STATE
1943
Copies of Volumes I, II, IV, and V of this series may be procured from the State Librarian, Hartford, Conn. Copies of Volume III may be procured from the Connecticut Historical Society.
1240539 CONTENTS
INTRODUCTION
vii
ROLL OF REPRESENTATIVES, JANUARY, 1783.
1
GENERAL ASSEMBLY, JANUARY, 1783. 13
COUNCIL OF SAFETY, JANUARY 9-APRIL 28, 1783.
82
Southern
GENERAL ASSEMBLY, MAY, 1783. 107
COUNCIL OF SAFETY, MAY 15-SEPTEMBER 1, 1783
189
GENERAL ASSEMBLY, OCTOBER, 1783. 202
COUNCIL OF SAFETY, OCTOBER 17-NOVEMBER 15, 1783
249
GENERAL ASSEMBLY, JANUARY, 1784.
252
GENERAL ASSEMBLY, MAY, 1784
315
GENERAL ASSEMBLY, OCTOBER, 1784 430
INDEX TO VOLUMES IV AND V 480
LIST OF ACTS
An Act for the Encouragement of Literature and Genius 13
An Act for Laying an Excise on Sundry Articles of Consumption within This State. 15
An Act in Addition to and Alteration of a Law Entitled An Act for Forming, Regulating, and Conducting the Military Forces of This State . 19 An Act in Addition to the Law Entitled An Act for Collecting and Paying Rates and Taxes 21
An Act in Addition to a Law of This State Passed in May Last Entitled An Act in Further Addition to an Act Entitled An Act More Effectually to Prevent Illicit Trade.
21
An Act in Further Addition to the Laws of This State against Illicit Trade. 22
An Act for Altering the Time of Holding the County Court in the County of Windham 22
iv
LIST OF ACTS
An Act in Addition to the Law of This State Entitled An Act for Preventing and Removing Nuisances in Creeks, Rivers, and Other Water Courses.
23
An Act to Repeal a Law of This State Passed in October 1777 Entituled An Act in Addition to a Law of This State Entituled An Act to Prevent the Obstruction of the Course of the Fish up the River Paukattuck.
23
An Act Directing Certain Duties or Services to be Performed by the Delegates in Congress from This State.
23
An Act for Empowering and Enabling the Committee of Pay Table More Effectually to Regulate the Public Accounts and Produce a Speedy Settlement of All Outstanding Debts to This State.
27
An Act for Repealing Several Laws of This State.
115
An Act in Alteration of an Act Entituled, An Act for Regulating and Orderly Celebrating of Marriage, and for Preventing and Punishing Incestuous and Other Unlawful Marriages
116
An Act in Addition to an Act Entituled An Act for the Settlement of Testate and Intestate Estates.
116
An Act for the Amendment of the Law Entituled An Act for Laying an Excise on Sundry Articles of Consumption within This State.
116
An Act in Addition to and Alteration of an Act Entituled An Act for Relieving and Ordering of Idiots, Impotent, Distracted, and Idle Persons.
117
An Act in Addition to and Alteration of an Act Entituled An Act for Ordering and Regulating Fields and Fences.
117
An Act for Regulating and Well Ordering the Fishery at the Mouth of Connecticut River.
118
An Act in Addition to a Law Entituled An Act for Collecting and Paying Rates or Taxes.
118
An Act for the Punishment of Burglary and Robbery
204
An Act for the Punishment of Horse Stealing
204
An Act for Laying a Tax on Shipping for Repairing and Main- taining the Light House near the Port of New London
205
An Act for the Regulation of Navigation ..
254
An Act to Promote the Making of Raw Silk within This State ... An Act for Laying a Tax on Shipping for Repairing and Main- taining the Light House near the Port of New London.
256
An Act for Incorporating a Part of the Town of New Haven .... An Act for Incorporating a Part of the Town of New London .. An Act Empowering the Delegates of This State to Make a
257 257
Cession of Unlocated Lands on the Western Part of the State to the United States for Their Common Benefit.
277
An Act for Confirming the Laws of This State as Revised and . Amended and for Repealing Such as Are Not Contained in the Foregoing Code.
281
An Act for Regulating the Appointment of the Superior Court. . 323
267
LIST OF ACTS
V
An Act Establishing the Wages of the Judges of the Superior Court
324
An Act in Addition to an Act Entituled An Act for Constituting Judges and Justices of the Peace in This State and for Em- powering and Directing Them on Their Respective Offices .... An Act for Encouraging and Promoting the Commerce of this State
325
325
An Act to Enable the United States in Congress Assembled to Levy Certain Duties and Imposts on Certain Goods and Mer- chandises Imported into This State, to be Applied in Payment of the Debts of the United States Contracted for Supporting the Late War in Compliance with a Resolution of Congress the Eighteenth of April 1783.
326
An Act for Levying and Collecting a Duty on Certain Articles of Goods, Wares, and Merchandise Imported into this State by Land or Water. 328
An Act in Addition to an Act entitled An Act for Laying an Excise on Sundry Articles of Consumption within this State ... An Act Laying a Duty in Certain Cases.
338
An Act in Addition to and Alteration of an Act Entitled An Act for the Direction of Listers in Their Office and Duty.
340
An Act in Addition to a Law of This State Entituled an Act for Constituting and Regulating Courts and Appointing the Times and Places for Holding the Same. 341
An Act in Addition to a Law Entituled An Act for Stating, Limit- ing, and Naming the Counties in this State. 341
An Act in Addition and Alteration of an Act Entituled An Act for Constituting and Regulating Courts and Appointing the Times and Places of Holding the Same. 342
An Act to Encourage the Destroying of Wolves. 342
An Act in Alteration of the Act Entituled An Act to Promote the Making of Raw Silk within this State. 342
An Act Relative to Debts Due to Persons Who Have Been and Remained within the Enemy's Power or Lines during the Late War
343
An Act for Incorporating a Part of the Town of Hartford. 343
An Act for Incorporating a Part of the Town of Middletown. 354
An Act for Incorporating a Part of the Town of Norwich .....
364
An Act to Enable the Cities of New Haven, New London, Hart- ford, Middletown, and Norwich, Respectively, to Grant the Freedom of Those Cities to Persons Living without the Limits of Said Cities.
373
An Act for Levying and Collecting Duties on the Importation of Certain Articles and for Appropriating the Same.
432
An Act in Addition to an Act Entitled an Act for Encouraging and Promoting the Commerce of This State.
433
An Act in Addition to an Act Entitled An Act to Enable the United States in Congress Assembled to Levy Certain Duties
339
vi
LIST OF ACTS
and Imposts on Certain Goods and Merchandises Imported into This State to be Applied in Payment of the Debts of the United States Contracted for the Supporting the Late War in Com- pliance with a Resolution of Congress of the 18th of April 1783 An Act in Addition to and in Alteration of a Law of This State Entitled an Act for Levying and Collecting a Duty on Certain Articles of Goods, Wares, and Merchandise Imported into this State by Land or Water.
435
An Act in Addition to an Act Entitled An Act for the Regulation of Navigation. 437 An Act in Addition to an Act Entitled An Act for the Regulation of Navigation. 437
An Act in Further Addition to and Alteration of an Act Entitled An Act for the Better Establishing and Confirmation of the Titles of Land, &c., Made and Passed on October 1723. 438
An Act in Alteration of an Act Entitled An Act for the Direction of Listers in Their Office and Duty. 438
An Act in Addition to a Law Entitled, An Act for Stating, Limit- ing, and Naming the Counties in This State. 438
435
INTRODUCTION
The years covered by this volume, 1783-1784, include the final months of the American Revolution and the beginning of that time of reorgan- ization and readjustment which is known as the Critical Period of American history. Connecticut, like her sister states, was faced with many difficulties in recovering from the effects of the long struggle for independence and in rebuilding her economic life. Much of the attention of the government during these years was given to the prob- lems raised by the conclusion of the war.
Unlike most of the states, Connecticut was not faced with any funda- mental problems of constitutional revision. To her conservative-minded people the old colonial charter of 1662 still seemed to provide an ade- quate frame of government, and the demand for political reform did not become vigorous until years later. Having declared herself to be a free and independent state instead of a colony and having dropped the name of the king from all ceremonies, oaths, and official documents in 1776, Connecticut was able to carry on her affairs in the traditional manner throughout the period of transition. Only one small symbolic detail remained to complete the transformation. That was attended to in 1784 when the Assembly ordered a new seal for the "Republic of Connecticut" to take the place of the old seal of the colony (p. 374).
In the details of governmental machinery some changes did take place. The Council of Safety had been created in May, 1775, to act with the governor on detailed and emergency matters connected with the war. Although a preliminary treaty of peace with England was signed Novem- ber 30, 1782, the war dragged on well into the following year. Consequently in May, 1783, the Assembly authorized the Council of Safety to continue its operations until the rising of the Assembly the following October (p. 120). The last recorded meeting of the emer- gency body took place on October 28, 1783, although its record contains one letter written by the governor on November 15 (pp. 250, 251). With these events the Council of Safety passed out of existence.
One noteworthy change was made in the judicial organization of the state. The lieutenant governor had traditionally been appointed each year chief judge of the Superior Court, but in 1784 an act was passed barring the governor, lieutenant governor, or any other high political officer from serving simultaneously as a judge of the Superior Court. At the same time the measure created a new Supreme Court of Errors, to consist of the lieutenant governor and the members of the Council (p. 323). Another alteration was in the field of local government. It was a curious fact that, although Connecticut could boast five out of the twelve most populous urban settlements in the continental colonies in the middle of the eighteenth century, she contained not a single incorporated city before the Revolution. In 1784 the Assembly changed all that by incorporating the cities of New Haven, New London, Hart-
Vili
INTRODUCTION
ford, Middletown, and Norwich (pp. 257, 267. 343, 354, 364). The freemen of each city were allowed to elect all their local municipal officers annually, except the mayor, who, once elected, was to hold office during the pleasure of the Assembly. Each city was also provided with a city court of limited civil jurisdiction, and a common council, which received certain powers in the control of local affairs.
Faced with the necessity of regulating its reopened external com- merce, Connecticut passed an act of navigation (p. 254), a number of tariff measures, and a bill creating New Haven and New London free ports of a limited sort (p. 325). The Assembly also agreed to permit the collection of certain duties on imports for the benefit of the central government (p. 326). This measure was passed upon the recommenda- tion of Congress and was contingent upon the passage by the other states of similar acts. But several states refused to cooperate and the project fell through. Congress remained dependent for funds upon the inadequate requisition system.
The problem of finance was almost hopelessly complicated, in Con- necticut as elsewhere in the new nation, by the disastrous depreciation of the paper money. References to this depreciation abound throughout the present volume, testifying to the evils attending a general monetary inflation. The financial situation of the state was made more difficult by the direct effects of the war. Several towns, especially New London, Groton, Fairfield, New Haven, Norwalk, and others along the Sound, as well as a few communities further inland, had been burned or pil- laged by British raiding parties. As late as 1784 the inhabitants of these towns were still petitioning the Assembly for the abatement of their state taxes on the ground that they had not yet recovered from the effects of enemy attacks. To such appeals the Assembly lent most sympathetic ears.
At the very beginning of the period covered by this volume Connecti- cut suffered a heavy disappointment at the hands of the central govern- ment. Under her "sea-to-sea" charter she claimed title and jurisdiction over a strip of land running straight across what is now Pennsylvania and on to the Mississippi River, which the Treaty of Paris had fixed as the western boundary of the United States. From well before the Revolution settlers had occupied eastern portions of that strip under grants from Connecticut proprietors. In 1775 the Assembly had created the region a county by the name of Westmoreland, and throughout the Revolution its representatives had sat in the Connecticut legislature. Pennsylvania contested Connecticut's claim to the land inside her own western boundary, and in 1782 the question was adjudicated by a com- mission appointed by Congress. Now, shortly after the convening of the Assembly in January, 1783, word reached Hartford that Penn- sylvania had won the case and, in the words written at the end of the Assembly attendance lists of that session (p. 11), the Connecticut county of Westmoreland was
Annihilated and out of Sight ;-
If what the Court have done, is right.
ix
INTRODUCTION
For some time after this, the state tried to do what it could to protect the interests of her settlers in that region against Pennsylvania, but with little apparent success (pp. 120, 208, 456). Under the colonial charter Connecticut could still lay claim to the tract beyond Pennsyl- vania's western boundary. In 1784 the Assembly authorized its delegates in Congress to cede to the nation "for the common benefit of the United States" its claims to that part of the strip which lay more than 120 miles west of the western boundary of Pennsylvania. But the state reserved for the benefit of the officers and privates of the Connecticut Line of the Continental Army the land from the Pennsylvania boundary for 120 miles west (p. 277). This tract became celebrated as the Western Reserve, now a part of the State of Ohio.
The drawing to a close of hostilities with Britain resulted in a con- siderable movement of individuals into and out of Connecticut, requiring in each case the sanction of the Assembly or the Council of Safety. Persons who for one reason or another had remained within the British lines in New York or elsewhere during most of the war sought per- mission to return to Connecticut. Many refugees who had earlier fled from the British on Long Island or other regions to Connecticut asked to be allowed to go back to their homes, taking their possessions with them, now that peace was at last in sight. In almost every instance the authorities granted the necessary permission, but they usually appointed supervisors to see that no irregularities occurred in the process of repatriation.
Preoccupation with problems created by the close of the war did not prevent the Assembly from giving attention and support to the arts of peace. The first law passed in the session of January, 1783, was an act "for the Encouragement of Literature and Genius" (p. 13). This was the first copyright act ever passed in America. For its passage, a native son, Noah Webster, the great grammarian and lexicographer, was primarily responsible. Twice also during this period the Assembly adopted special copyright resolutions in favor of particular works, once for Robert Ross's English and Latin Grammar (p. 245) and once for Joel Barlow's revision of Watt's Psalms and Hymns (p. 458). Also in support of learning, the Assembly passed an act of incorporation for the Trustees of Plainfield Academy, one of the earliest of such institutions in New England (p. 406).
Most of the material in these records is of a formal, if not technical, nature. Yet as one turns the pages one can find many items of real human interest. There is, for example, the case of Sergeant Jonathan Arnold, who had won the sympathy of gruff old General von Steuben because he bore the same last name as the arch-traitor of the Revolution. In compassion for the plight of his fellow-soldier, Steuben had offered the sergeant his own name, and Arnold now asked the Assembly to ratify the change of his name to Steuben. To this the legislature readily agreed, and the enabling resolution (p. 71) attracted much attention and was widely copied in the newspapers of the time. Another entry of sentimental interest is the resolution conferring the citizenship of
x
INTRODUCTION
Connecticut upon the Marquis de Lafayette and his young son in grate- ful recognition of the Frenchman's "distinterested attachment to the Liberties of Mankind" (p. 439). One of several pension cases which should have a specially poignant appeal to readers in 1943, when the people of America are once again being made aware of their deep obligation to those disabled in the cause of freedom, is that of William Burrows. A soldier in the army, he had been wounded in the knee. He was discharged from service and after a long illness had been forced to submit to an amputation at the thigh. Burrows now asked for the payment of his medical expenses and, since he was "disabled from any business," for some provision for his support. The Assembly ordered the payment of his doctor's bills and then, with a truly Spartan gen- erosity, voted him a pension of thirty shillings a month for a term of two years (p. 458). Rather more satisfactory, both to the petitioner and to the sensibilities of the reader, was the outcome of the Reverend Benajah Phelps's memorial. He was what might be called a Loyalist in reverse. The sufferings and losses of the American Tories are fa- miliar ; many entries in this volume add details to the general story. But the experiences of Phelps had an opposite origin. A native of Connecticut, he had migrated to Nova Scotia in 1766 and there during the Revolution he had suffered loss of property and exile for his staunch loyalty to the colonial cause. Now, in just the same way that the Tory Loyalists were petitioning Parliament for help, Phelps asked the Con- necticut Assembly to grant him relief in view of the losses his faithful- ness had cost him. Appropriately, the Assembly made him a grant from among the confiscated estates of the Connecticut Tories (p. 474).
As in earlier volumes, a large share of the record is taken up with the memorials and petitions of individual towns and persons. They sought the Assembly's sanction on a great variety of matters : the hold- ing of a lottery to rebuild a church or bridge, the relocation of a high- way, the separation of part of a church membership from the rest because of dissatisfaction with the minister's theology, the sale of some of the real estate of a minor orphan to meet the expenses of his main- tenance, the forgiveness of a defaulted bond, the issuance of a new certificate of public indebtedness when the old one had been lost or chewed up by the hogs. These and a host of similar matters occupied the time of the Assembly to an almost unbelievable degree. But the very fact that the Assembly was willing to give its attention to such local and private concerns is evidence that in the Connecticut of the 1780s the government was very close to the people. For all the con- servatism of its political framework, and in spite of the ravages of a long and costly war for independence, Connecticut's traditional system of self-government contained the elements necessary for continued vitality and health.
*
* * X
The material printed in this volume includes the last 54 pages of Volume II and the first 261 pages of Volume III of the manuscript State Records of Connecticut, and the last 62 pages of the fourth and
xi
INTRODUCTION
final volume of the manuscript Journal of the Council of Safety. As in the case of Volume IV in this printed series, published in 1942, the manuscripts were copied by Ruth L. Lind, Madelyn Sullivan (now Mrs. Brown), and Marguerite Ann Sullivan. The checking of the typescript for this volume against the photostats of the original for final accuracy was done by Mary Joan Donahue and Ruth Hawes (Mrs. Orville W.). Mrs. Hawes also assisted in the proofreading. The index, which as promised covers Volume IV as well as the present installment, was pre- pared with the help of Stanley Vogel, Catherine Fennelly, and Evelyn V. Ashley (Mrs. A. Leon). To all of these assistants the editor is deeply grateful.
New Haven, Conn. May 1, 1943.
L. W. L.
THE PUBLIC RECORDS
OF THE
STATE OF CONNECTICUT
ROLL OF REPRESENTATIVES
JANUARY 1783
The check-list of attendance at the Assembly session of January, 1783, which followes was written on eight double sheets, slightly smaller in size than the pages of the bound record volume, and was inserted in that volume just ahead of the first page of the record of this session. In the cases of some counties the clerk miscal- culated the space required for the entire session and had to enter the columns for the last week or two either on a fresh page or at the bottom of the principal list with a new and abbreviated list of names of the members involved. In other counties he was able to carry the entry for an individual through the entire session on a single line, in the form in which all entries are here reproduced. The only dates actually shown at the heads of columns are January 29 and February 5, each of which begins a new set of columns for one or more counties. What distinction, if any, was intended between the two different methods used to mark attendance- the straight line and the cross-is not explained in the original.
ROLL OF REPRESENTATIVES JANY. 1783 HARTFORD COUNTY
[Wed. Jan. 8]
[Thurs. Jan. 9]
[Fri. Jan. 10] [Sat. Jan. 11]
[Mon. Jan. 13]
[Tues. Jan. 14]
[Wed. Jan. 15]
[Thurs. Jan. 16]
[Fri. Jan. 17]
[Sat. Jan. 18]
[Mon. Jan. 20]
[Tues. Jan. 21]
[Wed. Jan. 22]
[Thurs. Jan. 23]
[Fri. Jan. 24]
[Sat. Jan. 25] [ Mon. Jan. 27]
[Tues. Jan. 28]
Wednesday Jany 29th
[Thurs. Jan. 30]
[Fri. Jan. 31]
[Sat. Feb. 1]
[Mon. Feb. 3]
[Tues. Feb. 4]
Wednesday Feby 5th [Thurs. Feb. 6]
[Fri. Feb. 7]
[Sat. Feb. 8]
Hartford
Capt. Elisha Pitkin X X
X
X X
X
X X
X X
X
X
X
X
X X
X
X
X
X
X
Mr. Samuel Carver ×
Mr. David Allis X
X
X
X X
X
X
X
Mr. Moses Bartlit
/
/ 11
/
X
/
11/11
X
/ /11
Chatham
Mr. James Bill
X
X /
/
//
/ ///
Capt. Peter Bulkley
×| X
X
X
X
X
X
Mr. Daniel Foot
X
X
X
X X
X /
/
/
/
/ /
/
Capt. Israel Spencer
11/1 X
X
X
X
X
/ 11 /
X X
X
X
X
×
/
X
/
East Windsor
X Capt. James Chamberlain Mr. Joseph Allyn
X X X
X
X
X /
X
Enfield
Capt. Eliphalet Terry
/
11 /
1
X 1111
/
/ 11111
/ ///
Capt. Pease
XIX X
X XXXX
X
X
X
X XX XIXIIXl
XIXIX
N Bolton
Capt. Jonathan Bull × X
X
X
X
X
X
X
X
X
X
Colchester
X
East Haddam
Col. Dyar Throop
/
X
X
X /
X
X
Farmington
Col. Gad Stanley
//X/1X X
X
X
X /
Mr. Gideon Hale
× X
/ X XX X
X
X
X
X
X
X
X
X
Glastenbury
Mr. Isaac Moseley
/
/
/
/ 111 11
/
/
/
/
/
/
1
/
/
111
Haddam
Mr. Josiah Brainerd X
X
X
-
×
Hebron
Col. Joel Jones
/
/
/
/
X X |>
X
X
X
X
Middletown
Col. Mathew Talcott X
X X
X
XX
X
X
-
3 Somers
Majr. Abiel Pease
/
/
/
X
/
/
/ 111
Stafford
Mr. Isaac Foot
/
11 1
/
X
X
Mr. Gideon Granger
X
X X
X
X
/
/ / / /
Suffield
Mr. Phinehas Sheldon X
X
X
X
X
X
-
X
X
X
X
Symsbury
Col. Solomon Wills
/
X
X
X
Tolland
Capt. Elijah Chapman
X
X
X
X
Capt. Reuben Sikes /
/
/
X
X
X
Southington
Capt. John Curtiss
Col. Stephen Moulton /
11 /
/
/ 111 /
X
X
/
/ 111
X
X
Col. Comfort Sage
X
X X
X
X
X
XX
/
11
XX
X
X
Capt. Daniel Ingham
X- X
X
X
/
Majr. Asa Bray
/ /
X /
Mr. Dudley Pettibone
X
X 1
X
Capt. Cornelius Higgins
X
Derby
Cheshire
Branford
New Haven
Capt. Daniel Holbrook
Capt. Thos. Clark
Mr. John Beach
Majr. Reuben Atwater
Mr. Jonah Clark
Col. Edward Russel
Capt. Jesse Ford
Capt. Henry Dagget
/
/
/
X
/
X
X
/
/
/
[Wed. Jan. 8]
111
X
1X X
IX X
X
X [Thurs. Jan. 9]
[Fri. Jan. 10]
X [Sat. Jan. 11]
1 X
[Mon. Jan. 13]
X
<
X
[Tues. Jan. 14]
X
X
X
X
[Wed. Jan. 15]
/
X
X
X
[Thurs. Jan. 16]
/
×
X
[Fri. Jan. 17]
X
X
[ Sat. Jan. 18]
./
X
X
X [Mon. Jan. 20]
X
[Tues. Jan. 21]
[Wed. Jan. 22]
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