USA > Connecticut > A complete history of Connecticut, civil and ecclesiastical, from the emigration of its first planters, from England, in the year 1630, to the year 1764; and to the close of the Indian wars > Part 10
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95
CONNECTICUT.
CHAP. VI.
May 8th, 1740, the town was incorporated. The first Book II. minister, in the lower seven miles, was the Rev. Benajah Case, who was ordained, November 9th, 1742. The first pastor in the upper seven miles, was the Rev. Thomas Lewis, ordained, March 23d, 1744 .*
While people were effecting the settlement of these towns, there arose an unhappy controversy between the legislature and the towns of Hartford and Windsor. In the troublesome times of Sir Edmund Andrus's administration, to save the lands of the colony from his grasp, and pre- vent his enriching himself and his minions by the sale of them, the legislature, in a hasty manner, made a convey- ance to the above named towns, January 26th, 1686, in the words following : " This court grants to the plantations " of Hartford and Windsor, those lands on the north of " Woodbury and Mattatuck, and on the west of Farming- "ton and Simsbury, to the Massachusetts line north ; to " run west to Housatonick, or Stratford river; provided " it be not, or part of it, formerly granted to any particu- " lar person to make a plantation, or village."t
The design of this conveyance was that these towns should hold the lands thus granted, for the governor and company, until those times of danger and trouble should be past ; but not as their property. They had never pur- chased nor given the least valuable consideration for them, and had no deeds nor patents of them. Nevertheless, by virtue of this grant, they laid claim to all the lands within the limits expressed. So tenacious were they of their claim, that, in contravention of the most express laws of the colony, they proceeded to locate and vend the lands in controversy.
The governor and company claimed the lands as fully as though no grant of any kind had been made to those towns. And as the town of Litchfield had been settled by the Hartford and Windsor people, and they persisted in their claim, and in locating and vending the land in con-
* In the upper or north seven miles, is a natural and artificial curiosity. There are two ponds, one fed by a small stream which runs into it, the other by springs, generally invisible. The latter is on a mountain, fifty feet above the other. The ponds are about three quarters of a mile dis- tant from each other. To conduct the water of the upper pond into the lower, an aqueduct has been constructed, by great labor and expense ; at one place for nearly twenty, and at the other about sixteen rods. More than half these distances it is perforated through a solid rock. The aqueduct is twenty five fect below the outward surface of the water. The water drawn from these ponds, carries a grist mill with two runs of stones. The mill is over shot. The water strikes one wheel and carries one run, then collects and strike's a second, and carries another rup.
i Records of the colony.
96
HISTORY OF
CHAP. VI.
Book II. troversy, some of the principal delinquents it seems were arrested and punished by the superior court ; some were committed to the common prison in Hartford. The peo- ple of Hartford and Windsor determined, nevertheless, to oppose the legislature, and by force of arms to liberate their neighbors. On the 11th October, 1722, the assembly having information, that a number of disorderly persons, in the county of Hartford, were about to appear in arms, in a riotous manner, against the authority of the government, Resolu- and to oppose the execution of the laws, resolved, that tion, Oct. colonel William Whiting, sheriff of the county of Hartford, 11th, 1722, be authorised to call out the whole militia of the county to to prevent a riot. his assistance; and the legislature enjoined it upon all the officers and privates, on the penalty of five pounds, to assist him as occasion should require, in suppressing all riot and disorder, and in guarding any delinquents who might be taken, and in committing them to confinement, until such time as they could be legally proceeded against, and punished.
Riot at Hartford.
Notwithstanding this precautionary act of the assembly, there was a riot at Hartford ; the common gaol was broken open, and the delinquents were set at liberty ; even while the assembly were in session. A further resolution was therefore passed, to the following effect : That as the com- mon gaol in the county of Hartford, had, in the present ses- sion, been broken open, with a tumultuous and strong hand, and a number of persons, committed for the non-payment of certain charges, arising upon their prosecution before the county court, in and for the county of Hartford, were delivered out of the custody of the law, and many high misdemeanors and breaches of the peace, and other crimes were committed, the legislature, by a special act, author- ized the judges of the superior court, or any three of them, by jury or otherwise, according to law, to enquire into, hear and determine all crimes committed in the transac- tion, and all things relating thereunto ; and to award exe- cution thereon according to law. The chief judge, or any of the three judges, or any assistant, was authorized to issue writs for apprehending, securing and bringing the rioters to justice ; and for bringing every person before them whom they should judge proper to examine. It was also resolved, that every person who should be ta- ken, should be bound to make his appearance before the court, and to his good behaviour, in a bond of one hun- dred pounds, or be committed to the common gaol. It was further resolved, that if jurors should be called to judge in the affair, they should be taken from such parts of
CHAP. VI.
CONNECTICUT.
the county as should be judged to have been the least pri- Book II. vy to the transaction, and in which there had been the fewest offenders. It was further enacted, that unless the 1722. persons who had made their escape, should, before the sixth of November, then next ensuing, pay the charges for which they were committed, or deliver themselves up to imprisonment, the sheriff should pursue, apprehend, and commit them. He was authorized, if it should be ne- cessary, to call the militia of the whole county to his as- sistance .*
In consequence of this riot, the legislature made the act, empowering the sheriff's and constables to keep the king's peace ; and the act for the prevention and punishment of riots and rioters.
Notwithstanding the firm and determinate measures the assembly had adopted, they had information, that in ex- press violation of the law, certain persons were undertak- ing to lay out, and to dispose of the lands which lay north, east, and west of Litchfield, and west of Farmington and Simsbury, for their own use and benefit, and for such pur- poses as they pleased ; and that they were actually en- gaged in the business. A committee was therefore ap- pointed to inquire into the affair, and authorized to arrest any person or persons, who were thus trespassing, and to command all assistance which might be necessary for that purpose, and to bring them before the assembly.
At the same time, vigorous and effectual measures were taken to arrest and punish the rioters who had broken the common gaol. But they were so turbulent, and their par- ty so strong, that it was with much difficulty and danger, they were arrested and brought before the court. Some of the magistrates were afraid to prosecute them even upon complaint. But those resolute men, colonel William Whiting and major Joseph Talcott, and others, whom they engaged to assist them, finally arrested and brought them before the court. But so extraordinary were their exertions, expense of time, and the dangers to which they had been exposed as to life and limbs, that the legislature judged that the common fees in such cases were by no means a proper compensation for their services. A com- mittee was appointed to consider their expenses and dangers, and to make them a reasonable compensation.
The rioters were fined twenty pounds a man, beside costs, which were not less than about five pounds for each man. When they found that they must submit to the au- thority of the government, they preferred a petition to the
# Records of the colony.
Z
1 98
HISTORY OF
CHAP. VI.
Book II. assembly, praying for an abatement of their fines. The legislature made them some sınall abatement, but it cost. them about twenty pounds a man.
1722.
These were indeed evil times. Men, with an uncom- mon obstinacy, resisted the laws, and trampled on the au- thority of the legislature. Though they had adopted such firm and spirited measures to prevent trespass, and pre- serve the lands in dispute for the benefit of the colony, yet a number of bold men, John Seymour, Samuel Catlin and William Baker, of Hartford, and Thomas More and Job Ellsworth of Windsor, ventured to lay out a whole town- ship of the colony's land on the north of Litchfield,* and pretended to claim the land as their own.
When the assembly were convened in May, they order- ed the king's attorney, for the county of New-Haven, to prosecute them and all such offenders, in the name of the governor and company, and to demand of them the penal- ties annexed to the laws.
This controversy had already occasioned a general. ferment, and great animosities among the people, and there was danger that it might be attended with still more serious consequences. The Hartford and Windsor claim- ants found it to be a difficult business to contend with the governor and company. Governor Talcott, Matthew Al- Oct, 10th, Tyn and Roger Wolcott, Esquires, therefore preferred a 1724. petition to the General Assembly, praying that the difficul- ties relative to the ancient grant of the western lands to the towns of Hartford and Windsor might be amicably settled :; and that a committee might be appointed in behalf of the assembly for that purpose. Upon this application, James Wadsworth, and. John and Hezekiah Brainard, were ap- pointed to examine the claims of Hartford and Windsor, to receive such propositions as should be made to them, and to report to the assembly ; that the difficulties subsist- ing might be quieted. It was resolved that the charges of the committee should be defrayed by the petitioners.
The committee found it to be an affair of great labor and difficulty to examine the claims, and to obtain such concessions and propositions, as they judged reasonable, or as the assembly would accept. After laboring in the business nearly two years, they made their report. The legislature wishing to preserve the peace of the colony, and to settle the lands in controversy as expeditiously as might be, on the report of their committee, Resolved, That the lands in controversy, should be divided between the colony and the towns of Hartford and Windsor : that * This appears to have been Goshen,
May 26tb, 1726.
90
CONNECTICUT.
CHAP. VI.
the colony should have the western, and Hartford and Book II. Windsor the eastern division. It was agreed that Litch- field should not come into the division, and also that the lands which the towns of Hartford and Windsor had con- veyed away, particularly to Benjamin Fairweather, and to the town of New-Milford, should not be reckoned to it. The division having been made, some time after, be- {ween the colony and the proprietors in Hartford and Windsor, the governor and company, on the 22d of May, 1729, gave a patent of one half of said lands to them ; and May 22d, about three years after, May, 1732, an act was passed, 1729. empowering Matthew Allyn, Roger Wolcott, Samuel Ma- May 1732, ther, and other inhabitants in the town of Windsor, to make a partition of the moiety of the lands thus patented to the said towns ; bounded north, on the line of Massa- chusetts ; west, partly on lands belonging to the governor and company, and partly on the town of Litchfield ; south, partly on the town of Waterbury, and partly on the town of Farmington ; east, partly on the town of Farmington, and partly on the town of Simsbury, and partly on land belonging to the governor and company. One half of this . tract was granted to Hartford.
The proprietors in Windsor, made a partition with the proprietors in Hartford by a deed, executed February 11th, 1732 ; in which partition, four smaller parcels, ly- ing within this large tract, were deeded to the town of Windsor. The proprietors in this town, on the 7th of April, 1732, at a proprietor's meeting, made a division of the said four parcels of land among themselves, allotting out each of the said four parcels to a certain number of patentees or proprietors, to have, and to hold the same, in severalty to them, and their heirs for ever. These prepar- atory measures having been adopted by the proprietors, the General Assembly passed an act of incorporation, vest- ing them with all powers necessary for the disposing of said lands, and for securing them for ever to those who should purchase them : and particular parcels convenient for townships were particularly named. It was enacted, " That the first parcel of land mentioned in said instrument of partition, containing 20924 acres, and bounded partly on Litchfield, partly on land belonging to said patentees in Windsor, called the half township, east and north on land belonging to the grantees of Hartford, west on land belonging to the governor and company of Connecticut, is hereby named, and shall for ever hereafter be called and named Torrington : and Matthew Allyn, Roger Wolcott, Esquires, and the rest of the proprietors of Torrington, or
100
HISTORY OF
CHAP. VI.
Book II. any five of them, are hereby enabled to call a meeting of said proprietors, to be held in the town of Windsor, by 1732. applying themselves, or any five of them, to some assistant, or justice of the peace, in the county of Hartford, for a. warrant for calling such meeting ; and such assistant, or justice of the peace, is hereby empowered to grant his warrant, expressing the time, place and business of such meeting, to one of the proprietors asking the same, re- quiring such proprietor to warn all the proprietors of Tor- rington of such their meeting, by setting up attested co- pies of such warrant, under the hand of the assistant, or justice of the peace, in three public places in the town of Windsor, at least ten days before such meeting." And it was further enacted, " That the said proprietors of Tor- rington, in their proprietors' meeting, assembled as afore- said, by their major vote, to be computed according to their interest, shall be empowered, and they are hereby empowered to choose their proprietors' clerk, who shall take the following oath, viz. You, N. W. &c. And it is hereby enacted and declared, That the entering of any deed, mortgage or alienation of lands lying in Torrington, in the office of said proprietors' clerk, shall fully secure the same from being voided by any grant, deed or mort- gage, from the grantor entered afterwards. And be it fur- ther enacted, That the said proprietors of Torrington, be empowered by their major vote as aforesaid, and they are hereby empowered, at their proprietors' meeting, to choose one or more agents, or attorneys, in their name and stead, to sue, prosecute and defend before any court or judge, and to final judgment and execution pursue, in any action or case, for maintaining or defending their title, or posses- sion in the said lands ; as also to make orders for the im- provement, or division of their land ; as also to lay taxes upon themselves, according to their interest, for the raising of such sum or sums of money as they shall judge needful, for the defraying of any suit or suits ; as also to appoint . rates and rate makers, and collectors of such taxes, who are hereby empowered to gather and collect the same ; and shall be accountable for such rates to the proprietors' com- mittee, or treasurer, under the same penalties, and as fully as the collectors of the town rates are empowered and ob- liged to : and the said proprietors, at their proprietors' meetings, are empowered to adjourn said meeting, to such time and place as they shall think proper, and to call after meetings in such manner as they shall order and agree. And all partitions of land, made according to their interest, by said proprietors, in their legal meetings, by their major vote as aforesaid, are hereby declared valid and lawful."
101
CONNECTICUT.
CHAP VI.
It was enacted, That the second parcel of land, men- Book II. tioned in said instrument, containing 20531 acres, bounded castwardly on the town of Simsbury, south and west on 1732. Hartford grantees, and partly on land belonging to Wind- Barkham- sor grantees, should be named and forever afterwards be stead called Barkhampstead ; and capt. Thomas Moore, and lieu- and the named, tenant Jonathan Ellsworth, and the rest of the proprietors, proprie. were vested with the same powers and privileges as the tors incor. proprietors of Torrington had been.
porated, 1732.
With respect to the third parcel of land mentioned in the instrument, already noticed, containing 18199 acres, bounded northerly on the colony line, southerly on land belonging to the Hartford grantees, and partly on land be- longing to the grantees of Windsor, westerly on land be- longing to the governor and company of the colony of Connecticut, and easterly on land belonging to the pa- tentees of Hartford ; it was enacted, that it should for ever be called Colebrook, and the same powers and privileges Colebrook were granted to captain Samuel Wheeler, and to Mr. Henry named, and Wolcott, and the rest of the proprietors, which had been etors in- the propri- granted to the proprietors of the towns before mentioned. corpora-
It was enacted, that the fourth parcel, named in the in- ted. strument aforesaid, containing 9560 acres, bounded, be- ginning north at the north east corner of Litchfield, in the forks of Waterbury river, thence running east eight de- grees and thirty minutes south, 778 rods, to a heap of stones laid about a white oak tree ; thence south six miles and forty rods to a heap of stones ; thence west to Water- bury ; thence northwardly to the river, to the first corner, that it should be for ever called Harwinton. The same Harwin- powers and privileges were granted to Samuel Allen and ton named, Daniel Bissel, and the rest of the proprietors of Harwin- and the ton, which had been before given to the proprietors of Tor- rington.
The Hartford patentees, the honorable Joseph Talcott, Esq. captain John Shelden, and others, on the 11th of Fe- bruary, 1732, made a partition of the large tract of land be- vide their longing to them into four lesser parcels. At a proprietors' lands. meeting, lawfully holden on the 5th day of April, 1732, and continued by adjournment until the 27th day of September following, it was determined, by their votes, in what man- ner the aforesaid four parcels should be divided among them ; which was completed by a decd of partition, dated September 25th, 1732. This was unanimously confirmed on the 27th aforesaid.
The business having been thus prepared, the Gene- ral Assembly, in the session in May, 1733, enacted,
proprie- tors incor- porated. The Hart- ford pa- tentees di-
102
HISTORY OF
CHAP. V-I.
Hartland named, &c.
Book II. That the first parcel named in the instrument of partition, containing by estimation 17654 acres, bounded south on 1733. Barkhampstead, and west on Colebrook, east, partly on Simsbury west line, and partly on land belonging to the governor and company of this colony, and north on the colony line, should for ever, hereafter, be called Hart- land; and that the honorable Joseph Talcott, Esq. and captain Shelden, and the rest of the proprietors, should en- joy the same powers and privileges granted to the pro- prietors of the other townships, under the Windsor pro- prietors. It was further enacted, That the second par- cel, called the middle west part, containing 20380 acres, bounded west on land belonging to the governor and company, east on Barkhampstead, north on Colebrook, and south on Torrington, should be for ever hereafter called Winchester. Captain Thomas Seymour, and captain Whi- ting, and the rest of the proprietors, were vested with the same powers and privileges as the proprietors of the other towns had been.
Winches- ter.
It was enacted, That the third parcel, called the south part, containing, by estimation, 23940 acres, bounded partly on land belonging to Harwinton, and partly on land deeded to the proprietors of Hartford, and partly on the town of Farmington, east on Simsbury west line, north on Barkhampstead, and west on Torrington, should for ever hereafter be called New-Hartford. Nathaniel Stanley, Esq. and captain Marsh, with others, were the proprietors, vested with the same powers already men- tioned.
New- Hartford.
The fourth parcel, called the half township, containing, by estimation, 8,590 acres, bounded east on Farmington, south on land belonging to the Hartford patentees, west on land being the other part now called Harwinton, it was enacted, should for ever hereafter, in conjunction with the other part, be called Harwinton. The proprietors of this half township, were Hezekiah Wyllys, Esq. Joseph Skin- ner, and others, enjoying the same powers and privileges which had been granted to the proprietors of the other townships.
While the legislature had been making these provisions for the sale and settlement of the lands ceded, by agree- ment, to the towns of Hartford and Windsor, they had been devising measures for the sale and settlement of the seven townships belonging to the colony. A committee, which had been previously appointed to view those lands, and report concerning them, now made their report as fol- loweth :
103
CONNECTICUT.
CHẤP. VĨ.
1. That an act be made and passed, at this assembly, Book II. granting all the monies which shall arise from the sale of the seven townships, which are now to be settled, to the Report of towns in this colony which are now settled, to be divided the com- to them, in proportion to the list of polls and rateable lative to mittee re- estate, in the year last past, to be secured and improved the seven for ever to the use of the schools kept in the several towns, according to law.
townships, May 10thì, 1733.
2. That in order to the selling and settling of those townships, a committee should be chosen in each county, who should enter the names of all persons, who shall de- sire to be purchasers of said townships, and to settle the same, under such regulations as the assembly shall order, with the sum which each person shall offer to pay for a share in such township; there being fifty shares, besides three shares which shall be set apart, one for the first min- ister who shall be settled in the town ; to be conveyed to him in fee ; one to be sequestered for the use of the stand- ing ministry for ever ; and one for the use of the school, or schools, in said town, for ever.
Three or four years elapsed, before the assembly were able to locate and allot the townships, and adopt measures for their sale and settlement to advantage. But in the ses- sion in October, 1737, it was enacted, That the townships October in the western lands, on both sides of the Housatonick riv- 13th, 1737, er, should be divided into fifty-three rights, exclusive of the rights granted to college,* and all former grants made by the assembly. Two were appropriated to the ministry, and one to the schools, agreeably to the report of the com- mittee ; and the remaining fifty rights were to be sold at public vendue, to the highest bidder. But it was ordered, that they should be sold to his majesty's subjects of Con- necticut, and to them only. Every purchaser was obliged to build and finish a house eighteen feet square, and to sub- due and fence, at least, eight acres of land, in said town, within the term of three years after his purchase. No per- son was to have any benefit by virtue of his purchase, un- less he should himself, or by his agent, pay all the taxes, and perform all the duties, required in the act of settlement.
The legislature then proceeded to resolutions relative to the settlement of the several townships. It was resol-
* On the petition of the trustees of Yale College, the legislature had, in 1732, granted a tract of 300 acres, to be laid out in one entire piece, in each of the five townships on the east side of the Housatonick river, at a distance from the several town plots, and enacted, that when said tracts containing 1500 acres in the whole, should be laid out, a patent should be. given under the seal of the colony, confirming the grant to the trustees of said college.
.
104
HISTORY OF
CHAP. VI.
Book II. ved, That the township which joined upon the colony line, and upon Hartford and Windsor lands, should be sold at 1737. the court-house in Hartford, to the highest bidder, on the second Tuesday in April next, and to be continued by ad- journment until the whole should be sold. The township - adjoining to Litchfield north line, and eastward on Tor- rington, was to be sold in like manner, at New-Haven, on the first Tuesday in December next: The north-western township, bounded west by Housatonick river, was order- ed to be sold in the same manner, at the court-house in New-London, on the first day of January, 1738. The middle township, bounded west on the Housatonick, was ordered to be sold in like manner, at the court-house in Fairfield, on the first Tuesday in February. It was ordered that the southern township, bounded west on the Housaton- ick, should be sold at Windham, on the first Tuesday in March ; and the north-west township, on the west side of the river, should be sold at Hartford, on the third Tuesday in May.
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