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1639.]
CONSTITUTION ADOPTED BY CONNECTICUT. 33
the paper; and we know that Governor Haynes was in hearty accord with the views of his beloved pastor ; but it is to the learned and eloquent minister of the first church in Hartford, that posterity will give its award of honor as the author of the first Constitution of Connecticut.
FIRST CHURCH IN HARTFORD,
It is noteworthy that this document expressed no allegi- ance to the British crown, but lodged the supreme power in the General Court. It contained the seed-truth of principles which were in time to produce the fruit of our independent national life.
"More than two centuries have elapsed," says Bancroft, " but the people of Connecticut have found no reason to deviate essentially from the frame of government established
34
HISTORY OF CONNECTICUT.
[1639.
by their fathers. History has ever celebrated the heroes who have won laurels in scenes of carnage. Has it no place for the wise legislators who struck the rock in the wilder- ness, and the waters of liberty gushed forth in copious and perennial streams? They who judge of men by their ser- vices to the human race will never cease to honor the memory of Hooker, and will join with it that of Ludlow, and still more that of Haynes."
After the adoption of the Constitution, the freemen of the towns in the colony met at Hartford on the second Thursday in April, 1639, and elected their officers for the year ensuing. John Haynes 4 was chosen governor, and Roger Ludlow 5 deputy-governor.
1 JOUN DAVENPORT was born in the city of Coventry, England, in the year 1597. He graduated at the University of Oxford, and entered on the active duties of the ministry when but nineteen years of age. In the year 1631 he was sum- moned before Bishop Laud. Having decided to cast in his lot with the non- conformists, he crossed over to Holland, where, for a time, he was assistant min- ister of an English church at Amster- dam. He had long been interested in the emigration to New England, and he finally decided to come to the New World. With a number of influential and tried friends he set sail in the ship " Hector," and arrived at Boston on the 26th of June, 1637. Mr. Davenport was an earnest preacher and ripe scholar. Hle was known among the Indians about New Haven as " So big study man."
2 This barn, it is said, belonged to Robert Newman, a prominent founder of the colony. Dr. Bacon (Hist. Disc. 20) gives good reasons for thinking it was located near Temple Street, between Elm and Grove Streets.
3 " THE RESTRICTED FRANCHISE, and the churchly aristocracy of New Haven, concealed a levelling principle. As the will of an English sovereign can
transform the meanest subject into a peer of the realm, so the lowliest dweller in the cellars at Quinnipiac could, by ad- mission to church membership, become a ruler of the State. The day-laborer, the possessor of the good name which is more valuable than fine gold, might be a free burgess; while his neighbor, dwell- ing in one of the 'stately houses,' and writing ' Mr.' before his name, might be forbidden to cast a vote. That a handful of exiles, gathered in a barn, could of their own free motion, without a bishop or a royal sanetion, form a Church of God; that the same men, with no charter but their own consent and that of their fel- low-men, could organize a self-governing State, - these were the novel and star- tling ideas through which our modern political philosophy has mainly devel- oped. In the light of these principles, Winthrop and Endicott, Hooker and Roger Williams, Davenport and Eaton, stand forth together as apostles of our liberty." (Livermore's The Republic of New Haven, p. 25.)
4 JOHN HAYNES held the position of governor of Massachusetts in 1635. He was one of the most influential and able men among the pioneers of Connecticut. Ile was elected governor every other
35
FIRST SETTLERS OF NEW HAVEN.
year until his death in 1654, alternating with Edward Hopkins.
5 ROGER LUDLOW came from the west of England with the Rev. John Warham and his company. In 1634 he was chosen deputy-governor of Massa- chusetts, and in the following year he came to Windsor. He was a man of ripe legal attainments, and rendered Mr. Hooker, Governor Haynes, and others, great assistance in draughting the Consti- tution of the infant colony. After his removal to Fairfield, he was requested to revise and prepare a body of laws for the colony. He finished this work in 1649, and the code was established by the as- sembly during that year. After leaving Fairfield he returned to England, but the time and place of his death are un- known.
6 THE CONSTITUTION provided that the freemen of each town should elect every year, by vote, four persons as deputies to the General Court. Each year a court of election was to assemble on the second Thursday of April (after- wards changed to May), for the purpose of choosing a governor and six magis- trates. Only those could be chosen as magistrates whose names had been pro- posed at some preceding session of the court. No town could make more than two nominations, but the General Court added as many as it thought best. At the court of election each freeman cast a ballot, upon which was written his choice for governor for the following year, a plurality vote electing. The governor must be a church member; and the rule held until 1660, that no one could be
chosen to the office two years in suc- cession. At the court of election the secretary read the nominations for ma- gistrates in the order in which they had been received. When a name was read, the freemen handed in either a blank bal- lot counting against the candidate, or one having his name upon it. The balloting continued until six names had received a majority of the votes cast. In case the full number were not thus obtained, those names were added which had received the largest number of votes. The gov- ernor, magistrates, and deputies met as a General Court on the second Thursday of September, to make laws, and attend to the affairs of the Commonwealth. The office of magistrate was very important, as the duties that now devolve upon the selectmen of the towns were in their charge; and, until the charter was se- cured, they exercised judicial functions, and looked after other matters as directed by the General Court. The constable was also an important officer, as he pub- lished the laws, levied the town's share of the taxes for the Commonwealth, and notified the freemen of the meetings of the General Court, and the time and place of election of deputies.
From 1656 Connecticut placed upon her common seal, vines to represent her towns. At first there were three for the original towns. On the fifth page of the first revision of the laws of the colony made in 1672, and published at Cam- bridge, Mass., in 1673, the seal has fifteen vines. As the towns became more nu- merous, the original three vines were placed on the seal.
1706884
36
HISTORY OF CONNECTICUT.
[1639.
CHAPTER V.
1639.
THE FOUNDING OF NEW TOWNS.
IN the year 1639 settlements were made at Milford 1 I (Wepowaug), Guilford (Menunkatuck), Fairfield (Un- quo-wa), and Stratford. The residents of these towns have reason to be proud of the character and history of the fami- lies that laid their foundations. " A more substantial com- pany of emigrants," says Hollister, "never followed a clergyman into the wild woods of America than the fathers of Milford."
The first settlers of Guilford were nearly all gentlemen of means. Their first magistrate, Samuel Desborough, re- turned to England in 1650, and six years later was appointed by Cromwell Lord Chancellor of Scotland. He held this position until the restoration of King Charles II., who treated him with great kindness, and permitted him to retire to the enjoyment of his elegant estate at Elsworth, where he resided until his death.
Roger Ludlow was one of the party that captured the Pequots at the "Swamp fight" at Un-quo-wa. He was charmed at the time with the beauty of the surrounding country ; and in 1639, in company with eight or ten families, his neighbors at Windsor, he emigrated to Fairfield. They were soon joined by parties from Watertown, Mass., and also from Concord. Southold on Long Island was settled about this time; and placed itself under the jurisdiction of New Haven.
37
WAR WITH INDIANS AVOIDED.
1639.]
During the summer (1639), Colonel George Fenwick,2 in charge of two ships, arrived at the mouth of the Connecticut accompanied by several gentlemen, who brought with them a number of servants and laborers to aid in the further build- ing up of Saybrook. The colony at Saybrook was entirely distinct from those of Connecticut and New Haven, and administered its own affairs until 1644, when it was united with Connecticut.
Another war with the Indians was happily avoided. The citizens of Wethersfield secured evidence that Sowheag, the sachem of Mattabesett (Middletown), had given aid to the Pequots in their murderous attacks upon their settle- ment two years before ; and they demanded that the guilty Indians should be surrendered for trial and punishment. The General Court sought to bring about a just arrange- ment between the chief and the aggrieved people of Wethers- field ; but Sowheag treated their advice in such an insulting manner, that they decided to send one hundred men to take the murderers by force.
A messenger was sent to New Haven with the request that the authorities there should assist them in the expedi- tion. This they declined to do, expressing the fear that it might lead to a serious conflict with the Indians: as the result of this consultation, the plan was abandoned.
Meanwhile word reached Hartford that a few of the Pequots, in violation of the recent treaty, were rebuilding their wigwams on the old hunting-grounds, and planting corn upon the fields they had promised never to enter again. Captain Mason was at once sent with forty Englishmen, with instructions to drive off the Indians, "burn their wigwams, and bring away their corn." Uncas, with one hundred of his warriors, was permitted to join the expedition.
When Mason arrived at Pawcatuck (Stonington), he met three Pequots, and kindly advised them to tell their people of his coming, and have them go quickly and peaceably away.
38
HISTORY OF CONNECTICUT.
[1639.
Either they failed to carry the report, or it was not heeded ; for, when the English captain and his men surrounded the little village, the Indians were so surprised that they had no time to carry off their corn, but fled, leaving the aged and helpless of their number behind.
The following day the wigwams were destroyed ; and the corn, kettles, mats, wampum, and other treasures, filled not only the vessel, but fifty canoes, thirty of which were taken from the Indians.
+( WINOSOR
PROVIDENCE+
1/ HARTFORD
+ WETHERSFIELD
APPONAUC
+
R
mes
Pequot or
NARRAGANSETT'S
+
Puwculuck K
FORT
..
WATCH HILL
TH
SAY BROOK +
NEW HAVENTA
+ GUILFORD
BRANFORD
52
FISHER'S I.
MILFORD+
II. SOUND
NEW HAVEN AND CONNECTICUT COLONIES.
In August of this year (1639), the first steps were taken towards a union of the colonies for their mutual protection. The special purpose of this alliance was to guard the English settlements against the Dutch at New Netherlands (New York), whose recently appointed governor, William Kieft, had forbidden the English to carry on their trade at " Good Hope " (Hartford), and made a formal protest against their occupation of Quinnipiac (New Haven).
At the October session of the General Court of Connecti- cut, the towns were authorized to manage their own internal
Y. Mistic.It
VILLACE
INDIAN FORT
39
TOWN REGULATIONS.
1639.]
affairs ; and it was ordered that a careful description of all lands sold or mortgaged, should be recorded in books pro- vided by the towns, and directions were given regarding the recording of wills and the settlement of estates. These were important matters, for the New-England system of town-government has had an important influence in shaping the destiny and government of the nation.
1 MILFORD. The planters of Milford were most of them from the counties of Essex, Herefordshire, and York in Eng. land. A part of them removed from New Haven, and others came from Weth- ersfield, and the Rev. Peter Prudden became their pastor. Milford was an independent Commonwealth until 1642, when it united with New Haven.
2 COLONEL FENWICK was one of the original patentees of the colony, and acted in their behalf. IIe instituted a civil government for the Saybrook col ony, which remained independent until by purchase it was united with Connec. ticut in 1644.
40
HISTORY OF CONNECTICUT.
CHAPTER VI.
THE CIVIL AND DOMESTIC LIFE OF THE EARLY SETTLERS.
UITHAT was the every-day life of the people? How did they manage their public affairs? These are more im- portant questions than those that refer to the troubles the colonists had with their Dutch neighbors and the Indians. First of all, let us notice how the towns were formed. These little republics of freemen have had more influence than any other institution on the destinies of our country, and the history of their growth is of deep interest.1
At the time the New-England colonies united in a league for mutual counsel and assistance, Connecticut (including Saybrook) had six towns, and New Haven five. The General Court of each colony HOUSE OF A PIONEER. exercised the right of ownership and jurisdiction over the territory within its bounds. When a company of persons wished to settle - or plant, as it was called - a new town, they made their purpose known to the Court. A tract of land was granted to the company : if it was found that they were able to support a minister, they were authorized to establish a plantation and a church. The Court appointed a committee who fixed the bounds of the land, that at first was held by the company as proprietors
41
LIFE OF THE EARLY SETTLERS.
in common. From this time they could assemble in town- meeting, and transact matters connected with their local affairs. The location, size, and cost of the meeting-house, and the support of the minister, was the first important business. Then they decided as to the admission of new associates, distributed the land among individuals, voted as to the location of new roads, and looked after the general interests of the community very much as the towns do now.
After a time it was found very in- convenient for the proprietors to come together often enough to act upon all items of business, and selectmen were chosen to administer the affairs of the township during the months that passed between the meetings. As this town system of government became more perfect in its working, not less than three nor more than nine selectmen were elected, according to the size of the township. Besides these, there were chosen a town clerk, a town treasurer, assessors of taxes, a school committee, constables, and other officers.
PILLORY.
In the early history, both of the Connecticut and New- Haven colonies, the judicial authority was exercised by a General Court of Magistrates. There were no professional lawyers. A friend might appear in behalf of a prisoner or suitor, or they could plead their own cause. The Court looked after all matters that pertained to the welfare of the colony. Under the presiding care of Governor Haynes, the magistrates at Hartford listened to the farmer at Windsor, who complained that the Pequots had stolen his horse, and promised " as far as lay in their power to deal with those Indians."
42
HISTORY OF CONNECTICUT.
Swift punishment was meted out to evil-doers. One is sentenced " to be whipt at a cart's tail upon a lecture day at Hartford," and another is " to stand upon the pillory from the ringing of the first bell to the end of the lecture," before receiving a whipping. A third criminal, more guilty than his companions, not only is to stand in the pillory and be whipped, but have the letter R burned upon his cheek.
If the cattle of a farmer broke into the fields of his neigh- bor, " through defect in his fence," the Court saw to it that he paid for the " spoiled corn." In order to increase the supply of corn, so that they would not have to purchase it out of the colony, the Court granted one hundred acres of ploughed ground and twenty acres of meadow to any farmer with a team, provided he improved " twenty acres the first year, eighty acres the second year, and the whole hundred the third year."
Attention was called to the necessity of raising hemp and flax for use in making "linen cloth," and it was ordered that every householder who kept a team should plant that year (1640) at least one spoonful of English hempseed "in some fruitful soil." The next year they were to sow one rood of hemp or flax ; and if this were not done, they fell under the censure of the Court. Complaint was made that hempseed could not be procured by some who desired it ; and it was ordered that any family that had more than a spoonful of the seed, and would not sell it, must plant as many spoonfuls as they refused to sell.
The constables were requested to bring before the Court any persons who demanded an exorbitant price for the articles they had to sell, and a watchful eye was kept upon those individuals whose " apparel " exceeded their condition and rank. Labor troubles were brought to a speedy end by the Court, which made out a schedule of wages, and declared the number of hours that constituted a working-day. Carpen- ters, plough-wrights, wheel-wrights, masons, joiners, smiths,
.
43
LIFE OF THE EARLY SETTLERS.
and coopers could not ask more than twenty pence for a day's work from March 10 to October 11, nor above eighteen pence for the rest of the year. Eleven hours in summer, and nine in winter, constituted a working-day. After further particulars in regard to splitting and sawing boards, and the amount to be paid for the use of horses and cattle "with the tackling," it was ordered that any persons giving or taking larger wages than those mentioned, "should abide the censure of the Court."
Turning to the records of the New-Haven colony, we find that the Court dealt in the same vigorous and paternal manner with the common interests of the communities repre- sented. The system of trial by jury was in force in Con- necticut, but New Haven could find nothing about jurymen in the Bible. In 1639 Connecticut accepted a brief code of "Capital Laws," which was almost a verbal copy of those adopted by Massachusetts the year previous. For many years New Haven had no statute laws, but was guided by rules of equity, and the commands which they found in the Scripture. Regulations regarding temperance, family government, and the keeping of the sabbath, were rigidly enforced ; but the so-called "Blue Laws" of New Haven never had an existence except in the imagination of Samuel Peters, the refugee loyalist.
The humble homes of the Puritan settlers of Connecticut and New Haven reveal a domestic life of healthful toil and quiet happiness. The moral and religious character of the people developed earnest thought, and strength of purpose. They rejoiced in the civil liberty which the shelter of the wilderness made possible, and found their highest satisfac- tion in serving God, and seeking to know and do his will.
1 " EVERY TOWNSHIP is an inferior Republic; possessing, under the control of the Legislature, the necessary powers to adjust all its local and peculiar con- cerns " (President Timothy Dwight,
1810). "He that will understand the political character of New England," says Bancroft, "must study the consti- tution of its towns, its schools, and its militia."
44
HISTORY OF CONNECTICUT.
[1640-43.
CHAPTER VII.
1640-1643.
THE NEW-ENGLAND CONFEDERACY .- DEATH OF MIANTONOMO.
IN the year 1640 Uncas sold most of his land to the Eng- lish, with the understanding that his people should have the privilege of hunting and planting where they pleased. Tunxis (Farmington), with its beautiful meadows, and a part of Norwalk, were purchased and settled by a few fami- lies. New Haven acquired the Indian title of Greenwich ; but those who settled there, influenced alike by threats and promises, put themselves under the protection of the Dutch governor at New York.1 Both Connecticut and New Haven secured large tracts of land upon Long Island ; and the latter colony gained possession of a strip of country on the shores of the Delaware Bay and River, where trading-houses were erected, and about fifty families sent to settle.2 Stamford was also settled this year by a party from Wethersfield that decided to emigrate on account of an unhappy division that had arisen in the church there.
In 1643, at the suggestion of Connecticut, a league 3 was formed among the New-England colonies for " mutual aid and service." Each colony had the right to appoint two commissioners, and this body was to meet once a year. The power was given them of framing laws for the regulation and protection of the Confederacy.
Notwithstanding the agreement made at the time of the
45
1643.] MIANTONOMO MARCHES AGAINST UNCAS.
division of the remnant of the Pequots, the Connecticut settlers gained information that led them to fear that Miantonomo, the Narragansett chief, was not only inciting his warriors to fight the Mohegans, but to murder the English. There was an uneasy feeling among the settlers ; they went armed into their fields, and kept guard over their homes by night.
Connecticut asked the Court at Boston to send one hun- dred men to Saybrook Fort, but they declined to do so. Meanwhile Miantonomo, having collected a picked army of six hundred warriors, marched for the Mohegan country:4 Uncas, with his usual foresight, had stationed spies upon the mountain heights that overlooked the surrounding valleys. They discovered the Narragansetts as they were crossing a ford in the Shetucket River, and at once hastened to inform their chief. Accompanied by about four hundred warriors, Uncas started to meet the enemy. He had reached the spot in the castern part of the town of Norwich, now known as Sachem's Plain, when he learned that the Narragansetts were only a short distance away. They soon came in sight ; and Uncas sent a messenger to Miantonomo, asking for an interview. This was granted, and the two chiefs met at a point between their armies.
Uncas opened the conversation, according to tradition, in these words : " You have a number of stout men with you, and so have I with me. It is a great pity that such brave warriors should be killed in a private quarrel between us only. Come like a man, as you profess to be, and let us fight it out. If you kill me, my men shall be yours ; but if I kill you, your men shall be mine."
" My men came to fight, and they shall fight," replied the Narragansett chief. Uncas instantly dropped to the ground, as a signal for his men to open the battle. The unexpected shower of arrows put the enemy to sudden flight ; and the Mohegans, with exultant cries, drove them over the rocks and precipices. Some of the swift-footed braves overtook
46
HISTORY OF CONNECTICUT.
[1643.
Miantonomo, and in various ways impeded his flight until U'neas came up, and put his hand upon his shoulder.5 He made no further resistance, but sat down upon the ground, and, without saying a word, looked his captor sullenly in the face.
Uncas gave an Indian whoop that called his warriors about him. The victory was complete. The proud Narragansett chief made no request for mercy to himself or his men.
MIANTONOMO 1643
GRAVE OF MIANTONOMO.
Uncas asked him why he did not speak. "Had you taken me," he said, "I should have besought you for my life." The captives were taken to the Mohegan fort, and treated with kindness. Uncas was shrewd enough to know that it would be best to consult with the English as to what should be done with Miantonomo. Having taken his prisoner to Hartford, the time at length came for his trial. The charge that made the most impression upon the commissioners was that he had arranged a plan for cutting off the entire English population at a single blow. Had they not believed this
47
DEATH OF MIANTONOMO.
1643.]
charge was sustained by the evidence, it is difficult to exon- erate the colonists for their action towards the fallen chief who had done them many favors in times past.
The matter was finally referred to five leading clergymen of the several colonies, who advised that sentence of death should be passed upon the accused. This advice was fol- lowed by the commissioners, and the execution of the penalty was left with Uncas. The common tradition has been, that, having taken the captive chief back to the spot where he had been seized as a prisoner, the brother of Uncas, who was marching behind Miantonomo, with a single blow of his hatchet killed him. In the same spot, still known as " Sachem's Plain," he was buried. An immense heap of stones long marked the grave, placed there by the hands of his tribe, who visited it at each anniversary of the death of their chief, and with loud lamentations expressed their grief.
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