USA > Connecticut > A history of Connecticut, its people and institutions, pt 1 > Part 14
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Colony." The penalty was one hundred pounds. Business de- pression and scarcity of labor for many of the white people led to the conviction that, on the whole, slavery would better be given up. A more radical measure was passed in 1784, which provided that no negro or mulatto child, born after March I, 1784, should be "held in servitude beyond the age of twenty-five," and in 1797 it was ordered . that negro or mulatto children born after August I, of that year should be released at the age of twenty-one. In 1788, the General Association of Congregational ministers declared the slave trade to be unjust, and that every justifiable measure ought to be taken to suppress it. At the next session of the legislature, Connecticut shippers were prohibited from engaging in the slave trade anywhere. In 1848, an act was passed to emancipate all slaves, placing upon masters or the towns responsibility for any in need, and there were but six slaves in the state at that time.
There was little disposition to encourage the negroes who were coming out of slavery, and in 1831, the free negroes of the United States, wishing to establish a college for their young men, with a mechanical department, decided that New Haven was a good place for the school, because of the scholarly atmosphere and because of the opportunities offered in the state for mechanical training. The announce- ment of the plan met a storm of opposition; the city officials and the voters denounced it in a public meeting, did their best to defeat it, and their action was fatal to it. There was a still more famous effort to start a school for negro girls in Connecticut, an enterprise which Henry Wilson in his Rise and Fall of the Slave Power places in the same class with Uncle Tom's Cabin-the endeavor of a young Quakeress, Prudence Crandall, to change her school of white pupils to one of negroes. Before taking the step, Miss Cran- dall consulted with leading abolitionists in Boston and New York, and soon announced to her pupils that they were to give place to "young ladies and little misses of color." A
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committee waited upon Miss Crandall to protest; a public meeting was held and another protest made to the deter- mined teacher. Another stormy crowd gathered in the meet- ing-house and passed a resolution that "the locality of a said school for the people of color at any place within the limits of the town . .. meets with our unqualified disapprobation." Five days later, the town officers presented the resolution, and there were those who urged Miss Crandall to take the price she had given for the house, but she refused, though she said she was willing to move to another part of the town. The school opened on the first Monday in April, 1833, with a dozen or so of quiet little colored girls from the finest negro families in the northern cities, and trouble began. As there was no law to meet the case a committee was appointed to draw one and present it at the Assembly, and while waiting for the law boycott was tried; stones were thrown against the schoolhouse by day and by night. When the case came before the legislature, the sentiment of every town in the state was: "We should not want a nigger on our common."
The statute was enacted that "no person should set up a school for the instruction of colored persons . . . without the consent of a majority of the civil authority and selectmen in the town, under penalty of one hundred dollars for the first offence, and a double for every succeeding of- fence." Canterbury received the news of the passage of this law with firing of cannon, bonfires, and ringing of bells. In June, Miss Crandall was summoned before the Justice Court, and bound over to the Superior Court. Though the bail was moderate, no friend appeared as her bondsman, and the young lady went to jail for a night, which tended to make her a martyr; and reports of unjust imprisonment had great influence in creating sentiment in her favor. There was much litigation, and at length the people became impatient, and in September, 1834, just a year and a half after the school started, late one evening some men gathered about the building with axes and iron bars, and on a
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signal dashed in the windows, and even Miss Crandall quailed before such ruffianism. The next day the pupils were told that the school must be given up, and the teacher left town. Fifty years afterward, the legislature voted her a pension of four hundred dollars.
We cannot understand how these events could take place in the nineteenth century in civilized communities. We can discuss them with calmness only as we remember the extreme jealousy of the towns over their rights, and the stern way the citizens had of asserting them. The change of sentiment concerning slavery came slowly, but at length it was seen that the practice, as Roger Sherman said at the constitutional convention, was iniquitous, a conviction to which the people came after they had learned that there was no money in it.
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CHAPTER XII CONNECTICUT STRUGGLES FOR HERSELF AND NEIGHBORS
IN establishing a commonwealth in a rude age, amid trying neighbors, when disagreeableness was not all on one side, when everybody wanted his rights, if not a little more, when boundaries north, east, and west were vague, when the terrors of a French and Indian war were scarcely more feared than British imperialism, Connecticut had a stern training. It was a long game, requiring shrewd calculation, quick thinking, sharp wits, steady nerves, strong wills, and patient waiting. Connecticut people could not endure interference of the British government, and the English kings found their settlers here hard to get along with. This colony thought Massachusetts and New York too grasping, and had it not been for the interference of the crown, Rhode Island would have been entirely swallowed up by her neighbors on north and west. The story may as well open with an event which occasioned much solicitude-the coming of the Regicides.
The death of Cromwell and the crowning of Charles II. unsettled affairs in New England, and when the regicide judges, who had signed the death-warrant of Charles I., arrived in Boston in the summer of 1660, there was much anxiety. They were Major-General Edward Whalley, a cousin of Cromwell, Major-General William Goffe, and Colonel John Dixwell, and they were among the seven judges who by the "Act of Indemnity" were refused pardon.
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After the coronation of Charles II., a warrant was issued for their arrest, and hastily escaping from Cambridge, they went to New Haven, where they were concealed in the house of John Davenport, who in a notable sermon had prepared the people to shelter the men. After more than a month with Davenport the "Colonels" went to Governor Eaton's house. On May II, two zealous loyalists appeared at Guilford at the house of Governor Leete, bearing a mandate from the king to arrest the men. The next day was Sunday, and, by one hindrance and another, the pursuers were detained till Monday morning, when they started for New Haven with a letter to the magistrate, advising him to cause a search to be made. Early as they started, some one else left Guilford before them in the night, and when the two officers of the king reached the city, the magistrate was not at home; but on the arrival of the governor two hours later with the magis- trate of Branford, a long consultation was held in the court- room. The pursuers insisted that the regicides were hid in some of the houses in the town and that all their information pointed to the houses of Davenport and Jones; and they demanded of the governor a warrant to search for them. The governor and magistrates maintained that the Colonels had gone toward Manhadoes, and that they did not know the place of their concealment. As for the warrant which was demanded, they had constitutional and legal scruples, for Governor Leete was a trained lawyer. The governor told the pursuers that he could not and would not make them magistrates of his jurisdiction, as he should do if he should invest them with power to enter men's houses and search for criminals. Besides, the king's mandate appeared to be addressed to the governor of Massachusetts as if he were governor of all New England, and to others only as subordin- ate to him; and the magistrates feared that, by acting under such a mandate, they might acknowledge a governor- general, and might thus betray their trust to the people. When the pursuers asked if they would obey the king in the
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matter, the governor replied, "We honor his Majesty, but we have tender consciences." The pursuers made as thorough a search as they dared under the circumstances, and a few days later returned to Boston. Meanwhile, the hunted men were in various places, spending many weeks in a cave on West Rock, while the colony was scoured for them, and large rewards were offered for information concerning them. August 19, they obtained a lodging-place in Milford, where they were hid for a few years. In October, 1664, they went to Hadley, Massachusetts, where the minister, Rev. John Russell, concealed them the rest of their days.
Connecticut was prompt to acknowledge the authority of Charles II., and John Winthrop, Jr. was sent to the English court to secure a charter; being a man of high standing and eminent scholarship, he easily secured influential friends at the court, and it is said that he had a valuable ring which had been given by Charles II. to his grandfather, which he presented to the king. Whatever the influences, in a season of good feeling, on April 23, 1662, Charles II. gave a patent, which conferred the most ample privileges and confirmed all lands which had been previously given according to the alleged grant to the Earl of Warwick, to the freemen of the Connecticut colony, and such as should be admitted as free- men. The territory given was,
all the Part of Our Dominions in New England in America, bounded on the East by Narragansett-River, commonly called Narragansett-Bay, where the said river falleth into the Sea; and on the North by the Line of the Massachusetts-Plantation; and on the South by the Sea; and in Longitude as the Line of the Massachusetts-Colony, running from East to West, That is to say, From the said Narragansett-Bay on the East, to the South Sea on the West Part, with the Islands thereunto adjoining, together with all firm Lands, Soils, Grounds, Havens, Ports, Rivers, Waters, Fishings, Mines, Minerals, precious Stones, Quarries, and all and singular other Commodities, Jurisdictions, Royalties, Privileges, Franchises, Preheminences and Heredita-
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ments whatsoever within the said tract, [on condition of paying] to Us, Our Heirs and Successors, only the fifth part of all the Ore of Gold and Silver which from Time to Time, and at all Times hereafter shall be gotten, had or obtained, in lieu of all Services, Duties and Demands whatsoever.
The form of government which was established by this charter was the most popular possible and continued to be the fundamental law of Connecticut for one hundred and fifty-six years. Although it was granted at a time when the rights of the people were slightly understood and little re- garded, and by a sovereign who ruled England with arbitrary sway, the form of government established by the charter was of a more popular description, and placed all power within the more immediate reach of the people, than the constitution for which it was deliberately exchanged a century and a half later, at a time of republican freedom. The charter granted that the colony under John Winthrop and his successors should have power through its
Assistants and Freemen of the said Company, or such of them (not exceeding Two Persons from each Place, Town or City) to consult and advise in and about the Affairs and Business of the said Company and Establish all manner of wholesome and reasonable Laws, Statutes, Ordinances and Directions and Instructions, not contrary to the Laws of this Realm of England.
The joy of the colonists on the Connecticut on receiving this charter was unbounded, and that of the New Haven settlers lessened by the fact that they were cast in with the older colony. After the death of Charles II., James II. pro- ceeded to carry out the plan of uniting a number of scattered plantations, circled by Indians and jealous, meddlesome Dutch, into a strong colony under an efficient commander. The idea was neither unreasonable nor unphilanthropic, for with all his faults, James II. had a strong sentiment of English nationality, and the bringing of the northern provinces under
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one head he hoped might unite New England in defense of the frontier. The idea did not appeal to the colonies, and though they knew that the soil of North America had been regarded as belonging to the crown, like the castle at Windsor, they were dismayed when, in the spring of 1686, Sir Edmund Andros arrived in Boston, in the frigate King- fisher, glittering in scarlet and lace, with a guard of British soldiers, to become captain-general and governor-in-chief of New England. Moreover he was to have associated with him a council, whose first members were to be royal ap- pointees. The governor and council were to make laws which were to conform to those of England and to be sent over to receive the sanction of the king. The oath of alle- giance was to be required of all persons. The governor had authority to regulate the currency, to command the mil- itary and naval forces, and with the council to levy taxes for the support of the government.
The way for Andros had been prepared by a quo warranto issued by the king in the summer of 1685, citing the governor and company of Connecticut to appear before the king to show by what right they exercised certain powers and privi- leges. Connecticut was charged with making laws contrary to those of England; imposing fines on its inhabitants; enforcing an oath of fidelity to itself, and not the oaths of supremacy and allegiance; prohibiting the worship of the Church of England; refusing justice in its courts; excluding men of loyalty from its government, and keeping the . reins in the hands of the Independents. The writs were not served within the dates returnable, and when Randolph appeared in Boston in the spring of 1686, he sent a letter to the officials of Connecticut, and neglected to tell them that the writs had run out, but he did tell them that there was nothing left for them to do but to resign their charter at once humbly and obediently, since if they undertook to defend it at law, they would have all western Connecticut annexed to New York at once, besides other possible disasters.
Edmund Andros, 1637-1714, Royal Governor of New England from November 1, 1687, to May 9, 1689 From the Engraving by E. G. Williams
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He advised them to visit him at Boston, rather than have him go to them, "as a herald to denounce war." He said they need not think that they would gain any advantage "by spinning out time by delay," as the writs would keep as fresh as when landed. The shrewd Connecticut Yankees had lived too strenuous a life to be overwhelmed by these threats, and knowing about the writs, they had divided the unap- propriated lands among the towns to keep them from the king's messengers, Hartford and Windsor obtaining most of Litchfield County. The magistrates held a special session, and decided upon an address to the king, entreating him to suspend his proceedings against their charter; and on July 20, Randolph appeared at Hartford and served his stern writs, calling John Allyn and John Talcott, keepers of the charter, out of bed at midnight to impress them with the danger of delay. Meanwhile Dudley, president of the coun- cil at Boston, had written a letter urging annexation to Massachusetts rather than to New York. It was a time of. decided anxiety for the Connecticut leaders; the official heads, Treat, Allyn, Fitz John Winthrop and others, favored the surrender of the charter, for fear that the king might be provoked to make good Randolph's threat, and partition the colony among its neighbors; others were determined to give away nothing until compelled to do so. The majority of the people in the colony were against the surrender, and em- ployed William Whiting, a London merchant, son of an old Hartford resident, to represent the colony, with power to. submit to the king if compelled, but to employ counsel to defend the cases, and urge separate existence and not partition.
A new writ was issued October 6, 1686, and forwarded by Sir Edmund Andros, who, two days after he landed, sent an express messenger to Governor Treat, empowered to receive the charter; Randolph sent a letter by the same man insist- ing that the officials should comply without delay. The governor called together the General Assembly, which voted
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to leave the matter to the governor and council. It was a trying situation, since the king was evidently determined to carry out his purpose, and he was not a man to be thwarted by the opposition of a handful of colonists on the Connecticut. Fifty corporations in England had been deprived of their charters; the city of London had stood trial with him and had given up its charter; the charter of Massachusetts had been vacated, and Rhode Island had submitted to the king. The Connecticut officials were quite the match for the resolute Andros and Randolph; writing a diplomatic letter, they said that they were satisfied to remain as they were, if the king were willing, but they must submit to his will, and if he chose to join them to the Massachusetts government as a separate province they would like it better than annexation to any other. This masterly letter, yielding much on the face and nothing in law, had the effect desired, though hardly ex- pected, by its authors; the government accepted it as a legal surrender of their rights into the hands of the king, who dropped the proceedings in the writ, and wrote Andros to assume the power to which the colony had agreed.
The Assembly met as usual in October, 1687, and the government continued according to charter until the last of the month, when Sir Edmund Andros, with his suite, and more than sixty regular troops reached Hartford, when the Assembly was sitting, demanded the charter, and declared the government under it dissolved. The Assembly was extremely reluctant to make the surrender: the tradition is that Governor Treat dwelt upon the expense and hardships of the colonists in planting and defending the country, and declared that it was like giving up his life to yield. The affair was debated and kept in suspense until evening, when the charter was brought in and laid upon the table before Sir Edmund. Suddenly the lights were extin- guished; the charter was passed out of the room, and Cap- tain Joseph Wadsworth carried it away and hid it in a large oak, fronting the house of Samuel Wyllys, one of the magis-
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trates. The people appeared orderly, the candles were relighted, but the patent could nowhere be found. It did not remain long in the oak, but was soon carried to Wads- worth's house and possibly to Andrew Leete's in Guilford. The colony was forced to submit for the time, and the next day, the secretary, John Allyn, wrote "Finis" on the colonial records, and closed the book. Sir Edmund began his government with flattering professions of friendliness and devotion to the public interests, but he soon placed vexatious and burdensome requirements upon the colony. Restraint was laid upon the liberty of the press, and Dudley was appointed censor; the writ of habeas corpus was suspended; fees of all officers were enormous: the common fee for the probate of a will was fifty shillings; colonial records were removed to Boston, requiring a long and expensive journey to enable one to consult them. Marriages could be per- formed only by magistrates. No land was to be purchased from the Indians except under license of the governor with a round fee. Sir Edmund said that Indian deeds were no better than the "scratch of a bear's paw." People who had been living for fifty years on their farms, and had gardens and orchards, had no clear title, except as they took out patents from the government of Sir Edmund, sometimes at an expense of fifty pounds. Writs were served against prominent men who would not submit to such impositions, and their lands were patented to others. All town meetings were prohibited, except one in the month of May, for the election of town officers. This was to prevent consultations for redress of grievances. It was a most rankling and humiliating imposition to men who had been accustomed to self-government, but the thorough Andros rode rough-shod over the people, carrying out the resolute purposes of King James. Randolph was not ashamed to make his boast in his letters, in respect to Governor Andros and his council, "that they were as arbitrary as the great Turk."
Governor Treat was a father to the people in their de-
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spondency, and in the general depression in business and social life; and the joy was great when word came in April, 1689, that James II. had fled to France, and William and Mary had been enthroned. The officials brought the charter from its shelter, called town delegates together, and the old gov- ernment resumed its functions. In 1693, Fitz John Winthrop was sent to England to obtain a confirmation of the charter and was assured by the best lawyers of the crown that the charter was entirely valid. The basis of the opinion was that it had been granted under the great seal; that it had not been surrendered under the common seal of the colony, nor had any judgment of record been entered against it; that its operation had merely been interfered with by over- powering force; that the peaceable submission to Andros was merely an illegal suspension of lawful authority. William was willing to secure the fruits of James's plan of controlling the colonies, as he showed by enforcing the forfeiture of the Massachusetts charter; but the law in the case of Connecti- cut was too plain, and he ratified the lawyers' opinion in April, 1694.
It is not possible to imagine how the colony could have conducted the affair of the charter with greater wisdom. The passive attitude of the government had disarmed Andros so far as to cause legal proceedings necessary to forfeit it to cease, and prompt action at the right time brought it again into force, after the Andros sway had been endured for a little more than two years. Having resumed her govern- ment, which she had enjoyed for fifty years, a government prized all the more because of the exactions and requirements of the Andros rule, Connecticut took in hand the settlement of the boundaries, which was a longer and more trying experi- ence, for the colony was dealing with men in New York, Massachusetts, and Rhode Island who were as intelligent, aggressive, and tenacious in their insistence upon acquiring the last square inch of land as was Connecticut herself.
The boundary dispute between Connecticut and New
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The Wyllys Mansion and the Charter Oak
(From a drawing in the possession of Miss Ellen M. Stuart.) Reproduced from Patron Saints of Conn. Chapters of the D. A. R.
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York was serious and bitter. Soon after the royal charter was given to Connecticut, the king gave his brother James, Duke of York (March 12, 1664), a patent of an extensive tract, which included "all that island or islands commonly called Long Island . . and all the land from the west side of the Connecticut river to the east side of Delaware Bay." Colonel Richard Nicolls sailed across the Atlantic and surprised the Dutch; New Amsterdam surrendered August 27, 1664, and was at once named New York. On October 13, Connecticut sent commissioners to New York to congratulate the commissioners there and establish a boundary. In the agreement it was declared that Long Island belonged to New York and
that creek or river called Momoroneck, which is reputed to be about thirteen miles east of West Chester, and a line drawn from the east point or side where the fresh water falls into the salt at high water, north-west to the line of Massachusetts be the western bounds of the said colony of Connecticut: and all plantations lying westward of that creek and line so drawn to be under his Royal Highness' government, and all the plantations lying east- ward of that creek and line to be under the government of Connecticut.
This was never confirmed by the crown, and New York refused to abide by it. The line crossed the Hudson at Peekskill, but it was never surveyed. In 1672, the Dutch recaptured the province, and when the English again took possession by the treaty of Westminster, a new patent was granted the Duke of York, June 29, 1674, like the former, and he seemed disposed to execute it to the letter.
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