USA > Connecticut > Hartford County > Simsbury > A record and documentary history of Simsbury > Part 16
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"And it is further enacted, That the proprietors of said mines shall once every year have a general meeting, the first to be on the third Tuesday of June next, and on the following years on the third Tuesday in April, and oftener as they shall see cause, to order and direct the affairs and business of the said mine, and to choose and appoint a committee whom they may impower for the ordinary affairs of the said mine, or to call meetings of the proprietors on any special occasion.
"And that there may be as little delay or discourage- ment in carrying on the affairs of said mine, by any quarrels, differences or lawsuits, that may at any time happen to arise either between the proprietors themselves or between them and the undertakers, all, or any of them, or other person or per- sons concerned in or about said mine: This Court doth appoint William Pitkin and John Haynes, Esqrs, and Mr. John Hooker, to be their Commissioners, and do hereby fully impower and enable them to hear, issue and determine all the said con- troversies or differences, quarrels or lawsuits; and if the matter contested shall exceed the value of forty shillings, the said commissioners are hereby enabled to impannel a jury of twelve lawful men, for the issuing and determining the said quarrels or suits that do or may arise from any difference respecting the said mines; the managing or improving thereof, and the fees of said Court shall be as are by law allowed in the county courts; and the aforesaid commissioners shall con- tinue in the said commission for the year ensuing, at the end of which this Court shall either renew their power or appoint others in their room, as they shall see cause."
This act of the Assembly was, however, partially an- ticipated or forestalled, by the action of the town. A town meeting had been held on the IIth of April, prior to the session of the Assembly, at which all matters in dispute were agreed to be left to the award and arbitrament of Messrs Pitkin and
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Col. Rec. Vol. 5 P. 105
T. R. B. 2 P. 98
Haynes, of Hartford, and Mr. Hooker, of Farmington, who were unanimously chosen to hear, judge and determine in relation to the controversies between themselves and the undertakers.
Subsequently, as before stated, these same persons were appointed Commissioners by the General Assembly.
The Arbitrators met, and after hearing the allegations and statements of the contending parties, and after reciting a long preamble, which is omitted here, as it would occupy several pages, returned their Award, as follows:
"First" "We do award determine and Judge, That all the said copper mines that are in the Common Lands within the said town of Simsbury, and the priviledges thereof, do, of right belong to, and are the property of, all such persons, as well orphans as others, who were proprietors of Land in that town, and who had lands rated or listed in the common list of the said town, in the year 1706, whether they do or did then personally dwell or Inhabit there or not.
"Secondly. We award, determine and Judge, that all those of the said proprietors who did not subscribe to the Articles concluded and agreed upon, at the said town meeting, May the Sixth 1707, they had and now also have a good right (ac- cording to their proportion) in all the said Copper mines as those that did subscribe thereto.
"Thirdly. We do by these presents, award determine and Judge, That the votes, orders and agreements, made and passed by the Inhabitants of said Town of Simsbury, at their said Town meeting, May 6th, 1707, did not, and do not, and shall not in any wise hinder or prevent the said In- habitants and proprietors by any subsequent or after vote, of the dissposing of the said copper mines for the said pro- prietors use to any such person or persons, as then had a just right and property in the same, in any wise howsoever; nor of disposing a right or part of a proportion of and in the same mines, to any other person or persons, according as they then, or at any time after did, or hereafter shall determine and Judge reasonable to admit to have a right and proportion therein.
19I
"And we do also award Judge and determine, That the Lysts of Estates made in and for the said Town of Simsbury for the year 1706, is and shall be the rule by which the pro- portion and Interest of the said proprietors of and in the said mines, shall be distributed and divided amongst them, - provided always, that none of the said proprietors shall be alowed to have any greater part or share of or in the said mines, for or by reason of the poles or estates of any orphan, or other person whatsoever, which was listed or set to him or them in the said lists of estates.
"But that all such orphans and other persons (who? were proprietors of land contained in the said list) shall have and enjoy his and their full right and proportion, of and in the said mines, according to his or their respective poles and estates contained in the said list, although the same was set to any other persons whatsoever, and we do likewise hereby determine and Judge that the Copper made or which shall be made and produced out of the said mines shall be distributed and divided to and amongst the said proprietors from time to time, after it shall be refined according to their respective right Interest or proportion therein.
"Fourthly. We do award, Judge and determine that the major part of the proprietors of and in the said copper mines, from time to time, and at all times hereafter, at their meetings, regularly warned, shall have full power to order and direct the way and manner of carrying and managing the Business and affairs of said mines for the best advantage, according as they shall judge reasonable and just, and that the said major part of the said proprietors shall be computed according to their Interest in the said mines, and will not according to the number of persons.
"Fifthly. We do judge, determine and award, that all the charges that have already arisen and ben expended, and dis- bursed by the said Inhabitants and proprietors upon the tryall and probation of the said copper Oar, shall be borne
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and payd by all the said proprietors by ratable proportion according to their Interest in the same.
Signed, William Pitkin. (seal)
This 24th day of May, 1709.
John Haines. (seal)
John Hooker (seal)"
In 1710, the above-named Commissioners were reap- pointed by the Assembly, with the same powers, for the term of one year; and in 1711, they were continued in office "until other persons shall be appointed in their place and stead", thus making the office a permanent one.
Mr. Dudley Woodbridge, having died in 1710, his widow, as executrix, was his representative among the undertakers. In 17II, they, with the proprietors, mutually changed or modi- fied their articles of agreement, so that they, viz:
I. "John Woodbridge, Dorathy Woodbridge, Hezekiah Willis and Timothy Woodbridge Junr do relinquifh all that labor of fraiming, Damns, Cuting or Carring the Timber, Digging, or cartting, ftone and fuch like as was particularly Required. by . ... 'that agreement'
2. They are relinquifht of providing treams for carrying on the work.
3. Whatever ore is brought to the works, shall be run and fitted for market, and one 'Moietie' of it returned to the proprietors.
4. The time of the existence of the Contract is extended commencing April 17, 17II, and to continue nine years."
On the part of the proprietors it was agreed:
"I. That the undertakers should have the privilege of running and refining all the Copper found in the Common lands of Simsbury during the space of nine years from the date last mentioned.
2. That the undertakers should have the liberty of the town Commons, for lands, streams, woods, timber, stone, or clay, or whatever else may be necessary, for the carrying on sd work.
3. The undertakers were 'relinquifht of all their obliga- P. 110 tions' to return the works into the hands of the Proprietors,
Col. Rec. Vol. 5 P. 285
T. R. B. 212 P. 110 (Back of Book)
1711.
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at the end of nine years, 'or of learning, or being obliged to learn' any person the skill of running or refining copper Ore, as obliged to do, by the former contract.
4. If the proprietors do not provide a sufficient supply of ore, the undertakers should have liberty to supply themselves anywhere in the town commons, for which they are to give one tenth to the town.
5. If the proprietors refuse to dig for supplying the works of the undertakers, then they should have liberty to go any- where on the commons, 'but only in ye proprietors pit where they have digged. and it is hereby agreed, that if the under- takers do digg, that the proprietors fhall not dig in nor near faid pitt to their difadvantage by taking any body of ore out of their hands. that they have found or difcovered by them or by their Digging.'
6. That none of the copper, after refining, shall be taken for any other use, but each party to retain its own share thereof."
The Committee on the part of the proprietors were Samuel Willcoxsun, Joseph Phelps and Joseph Case.
Difficulties and dissatisfaction still continued. The under- takers had many obstacles and hindrances; they failed to make returns for the ore delivered to them. The business of the under- takers hitherto had been only to smelt the ore furnished them by the proprietors and account for the same and make a division of the product, after "running and refining." This they failed to do, and, therefore,
At a meeting in April 1712, it was voted. That the Com- mittee 'requr of the undertakers. an account of what is become of the Ore that has ben brought to them from time to time. by the town proprietors. and the fd committee has hereby power, to fue the undertakers for the proprietors right of the product of sd Ore."
From these proceedings of the town, it's evident that irreconcilable difficulties had arisen which threatened disastrous results. The consequence was the termination of the contract between the proprietors and undertakers.
On the 16th of October 1712, the Articles of Agreement
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S. T. R. B. 212 P. 89 (Back of Book)
between them were abrogated, and Mr. Timothy Wood- bridge, for himself and as attorney for Mr. John Woodbridge and Mr. Willys and as Administrator on the estate of Mr. Dudley Woodbridge, gave an acquittance and discharge, to the proprietors of the mines from all claims under the fore- going Articles, and from all rights under them.
Then in November following, the proprietors by their agents and attorneys, duly authorized, viz: John Higley, Samuel Humphrey, Joseph Phelps, Thomas Holcomb, and Joseph Case, executed a Lease of the mines for the term of thirty years from the date thereof, with the "Honorable William Partridge Efqr." of Newbury, Mass., "on behalf of himselfe and Mr Jonathan Belcher, Marchant in Boston, and Mr Timothy Woodbridge Jun"," and directed John Slater Jun" Survey" to measure out to them, "on the mineral Hill where the Houfe ordered to be Built by fd Partridge now ftands. The quantaty of three hundred and fixty rod long, and one Hundred and fourty rod wide, of land." This was accordingly done, and possession given. The consideration and conditions of the lease are not known.
Mr. Timothy Woodbridge Jr, was now settled in the Ministry here, in place of Rev. Dudley Woodbridge. By way of settlement, the town had purchased of Joseph Segar a tract of land or homestead to be given him.
From the following record it would seem that the pro- prietors received a considerable sum from these leases.
The proprietors of the copper mines at a meeting held Dec. 29th, 1712, Voted that so much of the eighty pounds received from Col. Partridge should be appropriated to the payment "of fuch charges as hath been expended about the copper = And alfo to pay Joseph Segar the remainder of his due for the land bought of him for the town." And "at a town meeting of the Inhabitants of Simsbury the day and year above written" "the town inhabitants of Simsbury Voted a compliance. with the above fd paragraph."
It will be noticed here that by this time the inhabitants of the town and the proprietors of the mines were not identical; but that they held separate meetings, and had separate inter-
S. T. R. B. 212 P. 116
S. T. R. B. 212 P. 118
S. T. R. B. 212 P. 122
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ests. At a meeting held in March 1713, the proprietors voted to "give up to the Towns ufe, all the money that of sd eighty pounds that we had of Collonel Partridge. After Just debts are paid. ... On this Condition. That the Town will Grant to us the privilege of all Mines in the Common Lands in Simsbury Iron Mines exempted for the Tearme of thirty years from the date hereof." To this the town assented, and voted that this money should be disposed of "for the procuring of a town Stock of Ammunition by fending to Bofton or other ways as they" (the Townsmen) "fhall fee caufe."
1713.
S. T. R. B. 212 P. 153
The mining interest seems to have reached by this time its culmination. The original lessees from the proprietors were Col. William Partridge, Jonathan Belcher, Esq., a mer- chant of Boston, and afterwards Governor of Massachusetts, and Rev. Timothy Woodbridge, at that time the settled minister of Simsbury. The "Simsbury Mines" had attracted the attention of men of science and of wealth, not only of this country but of Europe. Capitalists began to invest. Specula- tion was rife. In 1713, Mr. Woodbridge, for the consideration of two hundred pounds, conveyed to Elias Boudinot, of New York, "the fourteenth parte of all ("His") Right, Tittle, Share and Intrest of in and to all the Mines and Mineralls in the Townfhip of fimsbury aforesd already found or that may be found hereafter in the comon or undivided Lands of sd Town."
S. T. R.
B. 212
P. 153
Mr. Boudinot, in 1714, sold to Charles Crommeline, a merchant of New York, for the consideration of One hundred pounds, "the full half or moity of the whole full and Intire Right Title and Intreft which he, the faid Elias Boudenot" "now hath or ought to have" "in the said mines."
ib. B. 212 P. 154 1714.
S. T. R.
B. 212
P. 154
Mr. Woodbridge likewise sold, in 1714, to Thomas Francis, miner, of the City of London, one-seventh part of his share in and to said mines; and the same year, Mr. Francis sold the same to John Alford of Boston for the sum of one hundred and thirty pounds.
b. P. 37
In 1717 Messrs. Crommeline and Boudinot purchased from Thomas Holcomb, administrator on the estate of Lieut. Thomas Barber, deceased, three-fourths of the grist mill on Hop Brook, together with the privileges and profits of
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S. T. R. B. 212 P. 124 (Back of Book)
sd stream "with the priviledges thereunto belonging," being the share belonging to the heirs of said Thomas Barber.
There they erected smelting works for smelting and refining the crude copper ore brought there for that purpose. These works were situated above the present mills, near the bridge crossing, where only a few years ago large masses of Copper cinders and other debris of the mines were to be found. The side of these works was called Hanover, many of the work- men having emigrated from Hanover in Germany. It still retains the name. On the hill south of this place is a large ex- cavation or pit from which it is supposed sand was taken to be used as a flux in the process of smelting and reducing the ores brought hither for that purpose. Another similar excava- tion is found on the hill northwesterly from the Meeting House probably made for the same purpose. These pits have formerly been represented as ancient "wolfpits", but without the least probability. Silex being necessary in the reduction of this kind of copper ore, and being here found abundant and con- venient, it was doubtless used for that purpose.
In 1714, Col. Partridge, owning one-third interest in the Lease from the proprietors, sold one-half of his share thereof, to Gov. Belcher, for the sum of Four Hundred Twenty- one pounds; showing that at that time the mining property was considered by the holders of it to be of great value. Mining operations were at this time extensively and vigorously carried on. Probably most of the ore that was raised was shipped directly to England, to be smelted and refined. New companies were organized, and large amounts of money were expended.
The General Assembly, in 1718, passed "An act to pro- mote the Improvement of the Copper mines within this Colony." This was a general law, applicable to all copper mines in the Colony. By this law, whenever a copper mine should be discovered in any town, the proprietors were author- ized to meet, appoint a Clerk to record their acts, and make such rules for the management of such mines as might seem conducive to their interests; and by a major vote to compel those who should refuse to perform their share of the work.
It also provided for the appointment of Commissioners of
T. R. B. 4 P. 27
Col. Rec. Vol. VI. P. 84
197
mines, who from time to time should meet "to hear and determine all such controversies, quarrels and suits, that may arise and happen between the proprietors, undertakers, part- ners, miners, refiners, labourers aforesaid, or their Servants," etc.
All Sheriffs and other inferior officers were directed to fulfill the orders of said Commissioners, whose powers in relation to the mining operations were co-extensive with those of the other Courts of the Colony.
And the act further provided and appointed "Matthew Allyn, Joseph Talcott, Esq', and Mr. John Hooker, to be Commissioners as aforesaid for the company of the miners at Symsbury copper mines."
T. R.
B. 4
Col. Rec. Vol. VI. P. 251
In 1721, Andrew Fresneau of New York, having pur- chased from the executors of Elias Boudinot, deceased, all his right and interest in these mines and mining works, sold three-fourths thereof to David Van Molen, Abraham Tuburch and Dirk Ruylman of the City of Amsterdam in Holland, merchants. In the same year, upon the application of Crom- meline, and Abraham Sydervelt as agent for Fresneau, the General Court passed "An Act Appointing and Impowring Commissioners to divide the Copper Mine at Symsbury to and amongst the several Lessees,". "and for the Di- recting and Regulating the management of said Mines and the Mills and Works belonging to Some of the Undertakers of said Mine; and also for the more easy Determining all Suits and Controversies that may happen between the Lessees and their Assigns, and between the Lessees and any of them or the Workmen, Miners or Labourers, that are or may be improved for the Carrying on and Managing the Mines afore- said."
The space or territory claimed and occupied by so many separate companies and interest was so small that controversies and quarrels were constantly occurring, making it necessary that a local tribunal, with full powers, should be at hand, at any and all times, before which all disputes of whatever name or nature could be tried and determined. In these complicated and conflicting claims and operations it was seen to be neces-
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sary that some regular plans and rules of management should be prepared and adopted, for promoting and protecting the interest of all concerned. To this Court of Commissioners, therefore, was committed the power and assigned the duty of setting out and dividing in severalty to each of the lessees, according to their several shares the said mines; of seeing that all the mills, works, dams, buildings and tools were kept in repair; and give direction for this purpose; of making, clear- ing and cleansing any levels that may be necessary for carry- ing on the works; of equalizing and adjusting the expense among the several lessees, of dividing the mines or making the repairs before mentioned, or of making and clearing the said shafts and levels, and of collecting arrearages in the payment of such expenses, by execution or otherwise.
These powers of the Board of Commissioners, however, did not extend to or cover the works of Governor Belcher, "Nor one certain assign to the lessees living in Great Britain, whose affairs respecting said mines are under the care of Colo. John Alford of Boston" "but the said Belcher, and the said assign in Great Britain, is hereby allowed to manage their own proper mills, dams, buildings and tools, in severalty, as they think best for their interest, and not to be concernd in building, maintaining or repairing any other mills or tools but only their own."
The Commissioners appointed under this act were: Mathew Allyn, Col. William Whiting, Capt. Aaron Cook and Capt. Samuel Mather. They had power to choose a Clerk who should be sworn to a faithful discharge of his trust; and the fees of said Court, clerk and jury were to be the same as the fees of the County Court. The Act was to continue in force two years and no longer.
In 1723, this act having expired by its limitations; -
Upon the representation of Major Sydervelt, "for him- self and on behalf of sundry gentlemen dwelling at Amsterdam in Holland, and John Jacob Lattroth, attorney to Andrew Fresneau of New York, owners and proprietors of part of the Copper mines and Works at said Symsbury," that "said Act and exercise of the powers thereby granted to the said Com-
Col. Rec. Vol. VI. P. 371
199
missioners," had been "a great benefit and encouragement to the undertakers" it was, with all the clauses and paragraphs thereof revived, and to continue in force "for the space of seven years".
From time to time, as its limitations expired, the Act was renewed, till 1739. As the original lease was to expire in 1742, there was no further revival of the act.
T. R. B. 3
P. 2
In 1742, Col. Adam Winthrop, of Boston, and others took a lease of the mines for a period of 30 years. After the expiration of this lease, in 1772, Col. Jonathan Pettibone, Abel Forward, John Viets and Col. Jonathan Humphrey, agents of the proprietors of the Copper hill mines, executed a lease of those mines for twenty years to Capt. James Holmes of Salisbury, for the consideration of one-thirtieth part of the ore.
From this rental it is evident that the mining business was at this time at a low ebb. Its best days had passed. Gradu- ally the mining companies were disbanded, and the working of the mines in a great measure ceased.
Southwardly from the Copper hill mines, about a mile and a half distant, was the "Higley mine," which was not included in these leases, but was worked separately from the others, and less extensively. Not much is known in regard to this mine. Tradition says that Samuel Higley, for whom this mine was named, was a blacksmith, residing or occupy- ing there; that his custom was to go into the mine in the morning and cut or dig out a piece of native copper, hammer it into a plate of proper thickness, and cut and stamp it in the form of coin, by means of which he supplied himself with liquor for the day. These "Higley Coppers" for a time had a considerable circulation; they are now rare, and command a large price.
The Higley mine is said to have been leased and worked at a later period by Josiah Quincy and others, but not much is known concerning their operations. Indeed, from the time of the expiration of the proprietors' thirty years' lease, the workings of the Copper mines are involved in obscurity. It is said that Mr. Quincy's company were working this mine at the outbreak of the War of the Revolution, with favorable
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prospects, but that they were broken off, and the works never resumed.
About the year 1825, the present writer visited the Higley mine in company with Theodore Hilyer, Esq., an aged gentlemen of the highest respectability, then residing in the vicinity of this mine, whose memory extended back to the times of the Revolution and beyond.
He stated that at the time "when the war broke out, the mining works were in progress there, and it was cur- rently reported that the workmen had just struck a vein of pure native copper as large as a man's thigh, and that the works were broken off, through fear that it might fall into the hands of the enemy."
From all these traditions and reports, there would seem to be ground for the belief that, notwithstanding the dis- couragements and losses in former trials, there is among those hills a valuable mineral deposit, which, with a liberal outlay of money and a scientific application of labor, may yet be developed.
This belief is strengthened by the opinion of Professor Shepard of Yale College, who, in 1837, was appointed by the Governor of Connecticut, to make a Geological Survey of the State and make report thereof to the General Assembly.
The following is an extract from that report:
"Taking into consideration the very promising appear- ance as respects the quantity of ore existing in these mines, and the favorable reports obtained concerning its yield, added to the natural facilities of location for working, it cannot be doubted, but that the 'Simsbury mines' are yet destined to assume considerable importance, as forming part of the metallic resources of the State."
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