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 4

Author: Trumbull, Benjamin, 1735-1820
Publication date: 1818
Publisher: New-Haven, Maltby, Goldsmith and co. [etc.]
Number of Pages: 560


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 4


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" WHEREAS notwithstanding the liberty allowed, by law, An act to " both to ministers and people, to worship GOD according prevent disorders


" to their own consciences, there are some persons who, in the wor- " without qualifying themselves as the law directs, for the ship of " enjoyment of such liberty, presume to form themselves God. " into separate meetings, and neglect to attend on any " public worship of GOD on the LORD's day, under colour " of gathering themselves together in private houses, for " preaching and other parts of divine worship; and where- " as some persons without the least pretence, or colour of " being ordained in any form whatsoever ministers of the " gospel, have nevertheless presumed to gather together in " a tumultuous manner, and take upon them to administer " the sacrament of baptism, to the great abuse and pro- " fanation of that holy ordinance :


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BOOK IT. " Be it therefore enacted by the governor, and council, " and representatives, in general court assembled, and by " the authority of the same, That whatsoever persons shall " presume, on the Lord's day, to neglect the public wor- " ship of God in some lawful congregation, and form them- " selves into separate companies in private houses, being " convicted thereof before any assistant or justice of the " peace, shall each of them, for every such offence, forfeit " the sum of twenty shillings.


" And it is further enacted, by the authority aforesaid, " that whatsoever person, not being a lawfully allowed " minister of the gospel, shall presume to profane the " holy sacraments, by administering, or making a show of " administering them to any person or persons whatsoever, " and being thereof convicted before the county court, in " such county where such offence shall be committed, shall " incur the penalty of ten pounds for every such offence, " and suffer corporal punishment, by whipping, not ex- " ceeding thirty stripes for each offence."t


The existing laws of the colony made provision for the relief of persons soberly dissenting from the mode of wor- ship established in it, upon application made to the legis- lature. Besides it cannot be denied, that for persons un- ordained and entirely unauthorized to administer the sacra- ments, and especially in a tumultuous manner, must be a, high profanation of the holy ordinances, and a very great misdemeanor. Nevertheless this act, it is believed, has generally been considered as inconsistent with the rights of conscience, and that toleration which ought to be exercised towards christians of all denominations. The Quakers, Rogerenes,* Baptists, and other separates, have made


t Records of the State of Connecticut, Vol. V. May, 1723.


* The Rogerenes were a sort of Quakers, who had their origin and name from one John Rogers, of New-London. He was a man of unbound- ed ambition, and wished to be something more than common men. One Case and one Banks, two lewd men, called singing Quakers, coming thro' the colony singing and dancing, accompanied with a number of women to assist them in their musical exercises; and especially to proclaim how their lips dropped with myrrh and honey, fell in company with John, and at once made a convert of him to their religion. He, in a high degree im- bibed their spirit, and ever retained it. Notwithstanding, it was not long after, before he commenced a seventh day Baptist. After maintaining the opinion of this sect for a short time, he returned again to Quakerism. To gratify his pride, and that he might appear as the head of a peculiar sect, he differed in several points from the Quakers. Particularly he main- tained that there were three ordinances of religious use, baptism, the Lord's supper, and imposition of hands. To make himself more eminent, as the head of a new sect, he commenced preacher of his peculiar scheme, and without any kind of ordination, administered baptism to his followers. The madness, immodesty, and tumultuous conduct of Rogers and those who followed him, at this day, is hardly conceivable. It seemed to be


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great complaints of this and some other similar laws, by Book II. which, perhaps, in some few instances, they have been subject to penalties which they ought not to have endured. But in general, the punishments inflicted, and the suffer- ings of which the sectaries boasted, as endured for CHRIST's and conscience sake, were for gross immoralities, breaches of the peace, and high misdemeaners against the laws of GOD and men. Numbers of the sectaries of that day were the most wild and violent enthusiasts. They had deeply imbibed the spirit of George Fox, and the Munster Bap- tists, and gave incalculable trouble both to the church and commonwealth.


their study and delight to violate the sabbath, insult magistrates and min- isters, and to trample on all law and authority, human and divine. They would come, on the Lord's day, into the most public assemblies nearly or quite naked, and in the time of public worship, behave in a wild and tu- multuous manner, crying out, and charging the most venerable ministers with lies and false doctrine. They would labour upon the Lord's day, drive carts by places of public worship, and from town to town, apparently on purpose to disturb Christians and Christian assemblies. They seemed to take pains to violate the laws in the presence of officers, that they might be complained of, and have an opportunity to insult the laws, the courts, and all civil authority.


A particular instance of their conduct on a certain occasion, when Ro- gers was indicted for a high misdemeanor, may serve as a specimen of their spirit and conduct in general. 'The crime for which he was indicted, and the manner of his own and his followers' conduct, will appear from the following extract from Pratt's Historical Account of Quakerism.


" It was his manner to rush into the assembly on the Lord's day, in the " time of God's worship, in a very boisterous way, and to charge the min- " ister with lies and false doctrine; and to scream, shout, stamp, &c. by " which he offered insufferable molestations to the worship and people of " God. And this was his manner in the court also, when he pleased, or " had a mind to make himself sport, and he would laugh at it when he had " done until his sides shook.


" I saw him once brought to court for such a disturbance, committed on " the sabbath. He had contrived the matter so as to be just without the " door when he was called to answer ; upon which he rushed into court " with a prodigious noise ; his features and gestures expressed more fury " than I ever saw in a distracted person of any sort, and I soberly think, " that if a legion of devils had pushed him in headlong, his entrance had " not been more horrid and ghastly, nor have seemed more preternatural.


" When he came to the bar, he demanded of the court what their busi- " ness was with him? The indictment was ordered to be read. To this " he pleaded not guilty, after a new mode ; for as the clerk read, some- " times at the end of a sentence, and sometimes at the beginning, he would " cry out, That's a cursed lie ; and anon, That's a devilish lie; till at " length a number of his followers, of both scxes, tuned their pipes, and " screamed, roared, shouted and stamped to that degree of noise, that it " was impossible to hear the clerk read."


He professed to be a most holy man, guided in all his conversation by the Holy Ghost, so that, for the course of twenty years, he had lived with- out the commission of one sin. Yet he was almost constantly committing snch gross offences. He was divorced from an amiable wife for fornica- tion and supposed beastiality. The latter he often confessed out of court. When he had occasion, he took to his bed a maid whom he had purchased, and after she had borne bim two children, he put her away. He suffered a.


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CHAPTER II.


The discovery and opening of mines. Laws and encourage- ments in behalf of the miners, and of those who were enga- ged in carrying on the business of mining.


Discovery of mines.


BOOK II. M ANY of the adventurers to North-America, were strongly possessed with an idea of the riches of 1712. North, as well as of South-America. They conceived that its mountains and hills abounded with precious metals and minerals ; and that however rich the soil might be, yet that the bowels of the earth would afford them much greater wealth. The rich mines and golden sands of the South, with the natural love of gold, mightily cherished these ideas. Much pains were therefore bestowed on various parts of the country, to discover these sources of wealth. About the year 1712, two mines were found in Connecti- cut. One in the town of Simsbury, and the other in the then undivided lands in Wallingford. They were called copper mines, but it was conceived that the copper contain- ed a mixture of a more precious kind. Upon opening the mines, the gentlemen principally concerned in them, made application to the legislature for encouragements for their works, and for the enacting of laws enabling them to pro- sccute their undertaking in the mining business to greater effect, and with more equal justice among themselves. They represented it as an object worthy of the attention of the legislature, and that by means of the mines great advanta- ges might be derived to the colony. William Patridge, JE'sq. of Newbury, and Jonathan Belcher, of Boston, were May 1912. principally concerned in opening the mine at Simsbury ; An act re- and upon their petition, the legislature, for their encourage- lative to them. ment, granted that all the miners, operators and laborers, be exempt from military duties for the term of four years. On the petition of the original proprietors of the lands in Wallingford, it was enacted, that the heirs of the original proprietor should have an equal share in the mine already discovered, and in all other mines which should be here- after discovered in said lands.


long imprisonment, upon a strong suspicion that he was an accomplice in burning the meeting-house at New-London. He once sat upon the gal- lows upon a conviction of blasphemy. For these and the like instances, he and his followers suffered the penalties of the law ; but for his religion, neither he nor his followers suffered any thing, any further than it led them to such misdemeanors as are punishable by the laws of all Christian na- tions.


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After a trial of about six years, it was found by experi- Book II. ence, that the undertakers in the business of the mine could not prosecute it to any considerable advantage, with- out the assistance of law. Notwithstanding any agree- ments which they could make among themselves, there were such deficiencies among the undertakers and propri- etors, as to their portion of labour and expense, and such disorder and animosities among them, and that want of sys- tem, which was absolutely necessary to enable them to prosecute the business to any considerable private or pub- lic advantage. The legislature therefore to remedy these evils, and to enable them to prosecute their designs in a more systematic and righteous manner, enacted as follows :


"Forasmuch as the copper mines in this colony, by the Oct. 1718» orderly and effectual management of them, may, in time to come, be of great use and advantage, not only to the im- mediate proprietors and undertakers therein, but also to this and the neighbouring provinces in general, although at present they be of small advantage to any body, and a fruit- less expense of money to the proprietors and undertakers : Therefore to remedy the same, and for the more orderly and effectual management of the said copper mines, and to encourage, countenance and gratify the undertakers there- in, Be it enacted by the governor, council and representa- tives, in general court assembled, and by the authority of the same, that when and so often as there is and shall be- any copper mine, or mines, discovered in any town in this colony, it shall be in the power of any three of the proprie- tors of any such mine, by a notification under their hands, set upon the sign-post of the town where the said copper mine is, on the 25th day of March yearly, to appoint a. meeting of the proprietors of said mine, to be held within the said town, on the third Tuesday in April then next fol- lowing ; when and where the proprietors of the said mine, that have the immediate interest of the same in possession, or the major part of them, which shall be then and there as- sembled, (which majority shall arise by the major part of interest,) shall have power to choose a clerk, to be sworn by the next justice of the peace, to enter the acts, votes, deeds and agreements of the said proprietors, and of all other persons concerned in the management of said mine, of and about said mine, and the management thereof, which clerk shall continue in said office during the pleasure of said proprietors; and that by and with the consent of the said clerk, and with such other notification as the said clerk shall in his discretion think proper, besides what is above mentioned, a special meeting of the proprietors may be


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Book II. appointed and held, at any other time and place, as emer- gent occasions, by their discretion, may require.


Oct. 1718. . And furthermore, that the said proprietors in any of their meetings aforesaid. or the major part of them, to be ac- counted as aforesaid, by vote shall have power to make all such reasonable votes, agreements and orders, as they shall think most conducive and profitable to the whole, for their management of the said affair of the copper mine, for the common good of all the said proprietors. Particularly, to direct the work that shall be done, the proportion of money to be levied, the men that shall be employed, the times, the places, and all the circumstances that shall be requisite to determine concerning the same : As also all, and every other matter and thing proper to be done by the proprietors, as occasion may discover for the improvement of the said copper mine, to the best advantage of the said proprietors, as well as of the public weal.


Moreover also, that the said proprietors, in any of their meetings aforesaid, or the major part of them, to be ac- counted as aforesaid, shall, by their vote, have power to make such rules, orders, and by-laws, as they shall judge necessary for the better management and ordering of the said copper mine or mines, partners, proprietors, under- takers, and all other things and persons touching the premi- sos, annexing penalties to the same, not exceeding forty shillings for any one offence; to be recovered before the commissioners hereafter to be appointed for said copper mine. Provided, that none of the said rules, or orders, which shall be contrary to the laws of this colony, shall be of any force or value : As also to appoint a committee, or committees, trustees or agents, for the doing or managing of any matter or thing in behalf of the said proprietors, any ways touching or concerning the premises, or any of them whatsoever or wheresoever. And be it enacted by the authority aforesaid, that if any of the proprietors of the said mine, in the possession, or undertakers in the manage- ment of the same, for the time being, shall at any time neg- lect or refuse to improve or carry on his or their part and proportion in the management of any such copper mine, according to the rules and orders thereof made, had and agreed upon, as aforesaid, then it shall be in the power of the said proprietors, or the major part of them, to be ac- counted as aforesaid, by themselves in their meeting, or by their standing committee, to this end empowered, to agree with any other, or others of the said proprietors, or upon their refusal with any other of his majesty's good subjects. phen they shall see cause, to enter upon and improve any


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part or portion of the said copper mine, and all the things Book II. touching the same, belonging to the person so neglecting, the space of one year, then next coming, and to the next an- Oct. 1718. nual meeting in April, and thence forward from year to year until from the profits thereof, shall be repaid fourfold, all the charge or expense he or they shall be at, in manag- ing and carrying on said part. The same rule shall be at- tended to in the case of orphans, whose guardians shall re- fuse or neglect to improve or carry on their wards' parts or proportion as aforesaid of the copper mine aforesaid.


Be it further enacted by the authority aforesaid, that it shall and may be lawful for the proprietors of any such mine, to take out from the General Court of this colony, from time to time, as they have occasion, or shall desire it, a commission under the seal of this colony, to such three commissioners as this court shall from time to time appoint, to continue during pleasure, impowering said commission- ers, or any two of them, from time to time, to appoint and swear their clerk, and at such times and places as they shall think meet, to appoint by their direction according to law, to hear and determine all such controversies, quar- rels and suits that may arise and happen between the pro- prietors, undertakers, partners, miners, refiners, labourers aforesaid, or their servants or any of them, or between any of them or any other persons, any ways touching or con- cerning the said copper mine, or any of the rights, proprie- tors, agreements, covenants, votes, rates, orders, penalties, matters or things, concerning or any ways relating to the management and improvement of the said copper mine, as aforesaid. And all sheriff's and other inferior officers are hereby required to give their attendance upon the said com- missioners, to execute and fulfil their precepts and writs, and yield all the obedience to their lawful commands, as unto others his majesty's courts within this colony. And the fees of the commissioners and officers shall be the same as is by law allowed in the county courts. Provided nev- ertheless, that it shall and may be lawful for any person or persons entering special bail, with sufficient sureties, be- fore the said court of commissioners, to appeal to the gov- ernor and council, in the next General Assembly, for a final issue of any of the quarrels, controversies or suits aforesaid, when the property of the said mine shall be in question, or where the matter or thing in demand shall exceed the val- ue of five pounds ; in which case the execution shall be sus- pended until the matter is issued, and that in such case al- so, such fees shall be paid as in the superior court. Pro- vided also, that said copper mines and all persons and things


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Book II. touching the same, shall be under such regulation, order and direction, as this court, from time to time shall judge Oct. 1718. further needful for the management thereof, for the best ad- vantage, as well of the colony in general, as of the propri- etors and undertakers in particular. And further, this court doth appoint Matthew Allyn, Joseph Talcott, Es- quires, and Mr. Jolin Hooker, to be commissioners, as a- foresaid, for the company of the miners at Simsbury cop- per mines : and John Hamblin, James Wadsworth, Es- quires, and Capt. John Hall, to be commissioners as afore- said, to be commissioners for the company of miners at Wallingford copper mines, to continue during the pleasure of this court. And the proprietors and undertakers res- pectively, may at their request have the said commissions made out under the seal of this colony, signed by the 1 governor and secretary. This act to continue two years and no longer."


May 11th, 1721. At the expiration of this law, May 11th, 1721, further application was made to the Assembly relative to the mine Further provision vantage- ous man- at Simsbury, It seems that by this time, the principal un- ? dertakers had been changed, and that Andrew Fresman for the ad- and Charles Cornelia at New-York, had become the prin- cipal gentlemen for prosecuting the mining business. Upon agement of their application, the legislature passed an act empow- the mines. ering commissioners to divide the copper mines at Sims- bury, among the several lessees, their assigns, or attor- neys, and for directing and regulating the management of the said mines, the mills and works belonging to the seve- ral undertakers, and for the more easily determining contro- versies which might happen between the lessees and their assigns, and between the lessees and any of them, or the workmen, miners or labourers employed in the manage- ment of said minc.


The act appointed Matthew Allyn, Esq. Col. William Whiting, Aaron Cook and Capt. Samuel Mather, commis- sioners, to hear, judge and determine all and every of those affairs. If the lessees, their assigns or attorneys did not in twenty one days from the rising of the Assembly, divide the parts and shares in the said mines to each lessee or his as- sign, then said commissioners, after giving due notice, ap- pointing time and place, and fully hearing the parties on the premises, were directed to make the division.


If any differences arose concerning the repairing of the mills or tools, the commissioners were authorised to hear and determine all controversies of that kind; and to order such repairs as they should judge necessary for the benefit of the whole : and the necessary expense was to be paid


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according to the proportion of their respective shares. If Book II. controversies should arise in any other matters relating to the mines or any persons concerned in them, the commis- 1721. sioners were authorised to hear, judge and determine them. If any were in arrearage and neglected payment, they were authorised to issue executions and to cause payments to be seasonably and effectually made. They appointed a clerk and directed every thing which they judged might be for the advantage of the parties immediately concerned and for the public good.


The legislature gave all the encouragement to underta- kers and proprietors in the mines which they well could, by legal provisions, and it seems expected that they would have been of considerable public emolument. But it is believed, that neither the undertakers, nor proprietors, nor the colony were ever very greatly benefitted by them. The mine at Simsbury was dug until the veins of copper ceased. A prodigious cavity was made, which has since become the famous prison, called Newgate. This has been of much greater advantage to the state than all the copper dug out of it. The mine at Wallingford was sup- posed to be the richest. It is imagined, that in that there was a mixture of silver. But it seems that the miners were prevented from digging there on the account of the great quantity of water which, after they had procceded some depth, constantly flowed in upon them. It was opened, a few years since ; but the water prevented the miners from digging, and as they could find no way to draw it off, they gave over all further attempts.


Though mines of gold, silver, precious metals and mine- Observa- rals have been esteemed of great value, and sought after tions. with great pains and expectations, yet they are by no means so enriching as is generally imagined. The rich mines of the South, were men to be hired to dig, refine and go through the various operations necessary to produce gold and silver coins, at the wages commonly given in this country, would not bear the expense. President Clap, who well understood the history of this business, and was an accurate computer of expenses, observed, that if the king of Spain were to give his workmen in the mining and refining business, the moderate wages of sixpence sterling a day, it would break him. It was because the business was principally done by slaves and convicts to whom he gave no wages, and whom he but miserably clothed and fed, that he made such profits by them. Mines of coarser metals than those of gold and silver, are often the most profitable, because they are much more abundant in the


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Book II. ores which they contain, and they are prepared for use with far less expense. For these reasons, mines of cop- per, or lead, may yield, as great, or greater profits than those of gold and silver.


The riches of this country, however, lie near its surface, or in its soil. The skilful laborious husbandman, will de- rive greater profits from a good farm than he would obtain from a rich mine. Therefore, such are the profits and ad- . vantages of husbandry, as will keep labour high, and the present state of the country will prevent, any very great profits from mines or manufactories. Until the country shall be more completely settled, and the purchase of lands becomes more difficult, it is apprehended that neither of these will be very profitable.




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