USA > Connecticut > Connecticut as a colony and as a state; or, One of the original thirteen, Volume I > Part 10
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In which Court the Governor or Moderator shall have power to order the Court, to give liberty of speech, and si- lence unseasonable and disorderly speakings, to put all things
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to vote, and in case the vote be equal to have the casting voice. But none of these Courts shall be adjourned or dis- solved without the consent of the major part of the Court.
II. It is Ordered, sentenced, and decreed, that when any General Court upon the occasions of the Commonwealth have agreed upon any sum or sums of money to be levied upon the several Towns within this Jurisdiction, that a com- mittee be chosen to set out and appoint what shall be the pro- portion of every Town to pay of the said levy, provided the committees be made up of an equal number out of each Town.
14th January, 1638 [N. S., 24th January, 1639], the 1 1 Orders abovesaid are voted.
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CHAPTER VIII EARLY CONNECTICUT GOVERNORS
I N accordance with the "Fundamental Orders," the colonists exercised their right of franchise; and at a general election in April 1639, John Haynes was chosen governor, continuing to be elected to this of- fice every alternate year until his death, serving for eight terms. Governor Haynes, who was a descendant of an old and wealthy English family, was born in the county of Hertford in 1594. His removal from the Bay Colony, of which he was once governor, as we have already stated, has been attributed to a jealousy of Governor Winthrop; but it was most likely due to a wish to continue his intimacy with Mr. Hooker. Governor Haynes was to the civil life of the new settlement what Mr. Hooker was to the religious. A wise and careful legislator, endowed with moderate wealth and generous disposition, he was an ideal example of the re- publicanism of the period.
The second governor of Connecticut was Edward Hop- kins, who was first elected in 1640 and chosen to his second term in 1644, being thereafter re-elected every alternate year, until he had served seven terms. Hopkins was born in Shrewsbury, England, at the beginning of the seventeenth century, and in his early manhood was identified with the mercantile interests of London; his business gradually ex- tended to foreign countries, and in due course he became a wealthy English landholder. Hopkins was a communicant of St. Stephen's parish, where Mr. John Davenport preach- ed, and married a daughter of Theophilus Eaton, a mem- ber of that congregation. In 1637 the three decided to emigrate to America; on landing at Boston, Hopkins pro- ceeded to Hartford, which he made his future home. Gov- ernor Hopkins engaged in trade in the New World, and es- tablished posts on the upper Connecticut River. By the death
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of a brother, he was recalled to England in 1653, and in- herited the position of Keeper of the Fleet Prison, afterwards becoming a lord of the admiralty and member of Parlia- ment. His death occurred in 1657, he having been for many years a constant sufferer from ill health.
The third occupant of the Governor's chair was George Wyllys, who was elected to the position in the spring of 1642 and held the office one year. He was born in England, coun- ty of Warwick, about 1570, and was a man of means and rank. He was an ardent Puritan, and although of advanced age, he decided to emigrate to America, for the purpose of mingling with congenial spirits. In 1636 he sent to New England his steward, with twenty men, to purchase an es- tate and erect a dwelling-house. The steward selected a square, now near the center of the city of Hartford, on which was located the famous Charter Oak, and prepared a home for his employer. Wyllys arrived in 1638 and took an active part in the early politics of the colony, until his retire- ment from the office of governor. He died in 1645; and though not a great man, his public character was spotless, and his private life of marked calmness and purity. There was a new aspirant for gubernatorial honors in 1655, and Thomas Welles was elected to office. There is but little known of his early life; but in 1635, accompanied by his wife, he left Northamptonshire on the charge of nonconformity, and came to America the following year, in the service of Lord Say and Sele, settling at Saybrook. In the same year, with others of the Saybrook settlers, he came to Hartford. He was the first treasurer of the Colony, which office he held till 1651, when he asked to be relieved of his duties. He was governor two years, and died at Wethersfield on Jan. 14, 1660, in his sixty-second year.
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Governor Welles was succeeded after his first term of of- fice by John Webster, who tradition says was a native of Warwick. But little is known of Governor Webster; he was one of the original proprietors of Hartford, and one of the magistrates of the colony from 1639 to 1655. After his re- tirement as executive officer of the colony, he removed to Hadley, Mass., where he died in 1661.
The successor of Governor Webster was John Winthrop, known in history as the younger, to distinguish him from his father, who was governor of Massachusetts and founder of the famous Winthrop family in America. It is conceded that the younger Winthrop was the most distinguished and schol- arly of the early governors of the colony. He had passed the half-century mark when first elected governor, but he had been so closely identified with the colony that his personal biography is to a certain extent a history of that portion of New England. He was re-elected in 1659; and being anxious to retain him in the position, the freemen of the col- ony abolished the restriction incorporated in the "Funda- mental Orders," that no man was to be chosen to the office of governor two years in succession. His career as governor was continuous from this time until his death in 1676, and in length of service exceeded that of any other occupant of the position. Governor Winthrop is acknowledged to have been one of the most distinguished characters in New Eng- land. While his Puritanism was of the finest type, his eulo- gists embraced the members of every denomination in both worlds. The beautiful testimony of his father expresses his worth in a single sentence : "God gave him favor in the eyes of all with whom he had to do."
One of the most important events that took place during the administration of these early governors was the arrival
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of George Fenwick (already mentioned), who landed at the mouth of the Connecticut River. There had been no civil government established when the fort at this point was erected, only a garrison having been maintained. Mr. Fen- wick on his arrival made a permanent settlement, which was named Saybrook in honor of two of its original patentees, Lord Say and Sele and Lord Brook. A body politic was formed by Mr. Fenwick and administered by him, indepen- dent of and owing no allegiance to Connecticut. This settle- ment continued its independent existence till December 5, 1644, when the General Court of Connecticut purchased Say- brook Fort with its appurtenances, and all lands in the col- ony claimed by those proprietors interested in the Warwick patent; with the stipulation that Mr. Fenwick was to have possession of all buildings belonging to the fort for a period of ten years, and receive for a like term a duty on all corn, biscuits, bacon, and cattle exported from the mouth of the river. The General Court ratified this agreement in Febru- ary 1645, thereby creating the first tariff ever sanctioned by the people of Connecticut. The duties were as follows :
"Ist. Each bushel of corn of all sorts, or meal that shall pass out of the river's mouth, shall pay two pence per bushel.
"2nd. Every hundred biscuit that shall in like manner pass out of the river's mouth shall pay six pence.
"3rd. Each milch cow and mare, of three years or up- wards, within any of the towns or farms upon the river, shall pay twelve pence per annum during the aforesaid term.
"4th. Each hog or sow, that is killed by any particular person within the limits of the river and the jurisdiction aforesaid, to be improved either for his own particular use or to make market of, shall in like manner, pay twelve pence per annum.
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"5th. Each hogshead of beaver traded within the limits of the river, shall pay two pence. Only it is provided that in case the general trade with the Indians now in agitation pro- ceed, the tax upon beaver mentioned in this and the foregoing articles shall fail."
The colony levied a tax of £200 to place the fortification in good repair; Mr. Fenwick was appointed colonial agent, and on his return to England was to secure an enlargement of the patent and other advantages for the colony. It has been estimated that the duties thus levied aggregated £1,600, which would represent the purchase money paid.
In 1640 Connecticut attempted to extend her limits by purchasing of the Indians a tract of land west of Springfield, Massachusetts, called Woronoco ( Westfield), on which she settled, maintaining control of the purchase till 1644, when the United Colonies of New England decreed that it should be placed under the jurisdiction of Massachusetts. Territory was also purchased on Long Island, which was eagerly occu- pied, but no permanent holding was effected for the colony.
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CHAPTER IX THE NEW HAVEN COLONY
T HE site of what is now the city of New Haven was known to its Indian occupants as Quinni- piac (or Quillipiac) ; which name continued in use until changed, in September 1640, by the General Court of the English Colony which settled there in 1638. Several years before the arrival of the English adventurers, the Dutch had a knowledge of the territory, known to them as Rodenberg (Red Hill), doubtless from the predominating color of the East and West Rocks, still plainly visible to mariners approaching the har- bor.
The original inhabitants of Quinipeocke (as the name, which is said to mean "Long Water Place," is spelled in their deeds) long ago became extinct. During the summer they dwelt along the shore, and in the winter retired to the protec- tion of the forests. On account of the heavy tribute im- posed on them by their enemies, the Pequots and Mohawks, their numbers gradually decreased, until at the arrival of the English the tribe contained about forty male adults.
It was in July 1637 that John Davenport, a noted divine of London, landed at Boston. He was accompanied by Samuel and Theophilus Eaton (whose father had been Da- venport's teacher and guide), Edward Hopkins, and about fifty families from his congregation. This company was composed of men above the average in ability and position among them large land owners and London merchants. Therefore it is not surprising that the people of Massachu- setts colony were desirous of retaining them as members of their own body. Many advanatgeous proposals were made to them to remain; all of which were declined, by reason of their love of independence, and a desire to establish a sepa- rate commonwealth, beyond the reach of a general governor
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of the New England Colonies, an officer the Crown had proposed appointing; this act was looked upon with fear, and met with opposition from all the plantations.
During the Pequot war the English had become acquainted with the coast line of Connecticut, and recognized its value for navigation and commerce, as well as the fruitful appear- ance of its soil. The attention of the new-comers was thus attracted towards that section of the country; and in the fall of 1637, Theophilus Eaton and other members of the party made a journey to explore the coast and harbors of Connecti- cut. New London harbor was superb, but the agricultural traits of the region were not so attractive. It was finally decided to settle at Quinnipiac, on account of its commercial and agricultural advantages; and they erected a hut in which seven of the party spent the winter. The other plantations of Connecticut having given their consent to the settlement, the company sailed in the spring of 1638 from Boston, and were about two weeks on the journey. The first Sunday in their new homes was devoted to the praise of God; the ser- vice, conducted by Mr. John Davenport, being held beneath a spreading oak.
The New Haven settlers formed the wealthiest band that at this time had ever come to New England; and they designed to establish a model colony. Soon after their ar- rival they entered into an agreement with each other, in which they solemnly bound themselves, "That as in matters that concern the gathering and ordering of the church, so also in all public offices which concern civil orders, as the choice of magistrates and officers, making and repealing laws, dividing allotments of inheritance, and all things of like na- ture, they would all of them be ordered by the rules which the Scriptures held forth to them." This was the prelimi-
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nary agreement adopted by the people; it was to hold in force until they became better acquainted with each other's religious views, sentiments, and moral conduct, and was to prepare the way for complete union of Church and State as a theocracy.
The settlers early turned their attention to purchasing lands from the Indians and making amicable treaties with them. In November and December of 1638, the Quinni- piacs and other tribes transferred all their rights and titles in large tracts of lands, and received in payment English cloth and garments, spoons and hatchets, hoes, knives, and various other kinds of merchandise, and a guarantee of pro- tection from their enemies. This conveyance included all the land now occupied by the towns of New Haven, East Haven, Branford, North Branford, North Haven, Walling- ford, Cheshire, Hamden, and a part of Woodbridge and Bethany.
The English planters' first year of residence was marked by no important historical event. The success of the settle- ment at Quinnipiac becoming known in the mother country, the attention of members of the same religious convictions in Yorkshire was attracted towards the plantation, and ne- gotiations were begun for effecting a permanent settlement in the territory. Mr. Ezekiel Rogers, their pastor, made cer- tain stipulations with Davenport and Eaton as representa- tives of the plantation; but on his arrival in Massachusetts he was lead to believe that this arrangement would not be fulfilled, and he decided to remain in that colony. A ship- load of his followers had already reached Qunnipiac; and on receiving notice of their pastor's determination to remain in the Massachusetts Colony, some of them refused to re-
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turn and became permanently incorporated in the new com- munity.
In the mean time Rev. Peter Prudden, who came to Quin- nipiac with the original settlers, and was waiting for the peo- ple of his congregation to form a permanent settlement, had been preaching at Wethersfield. Contemporaneously with the excitement of the return of the Yorkshire people, the members of Mr. Prudden's congregation, with part of the planters of Wethersfield, purchased land from the Indians and settled the town of Milford. In the formation of this plantation, Mr. Prudden recognized that he would stand alone in the eldership of a separate church, which he pre- ferred to becoming a colleague of Mr. Davenport. The fol- lowing year Mr. Henry Whitefield, with a large number of the members of his congregation, who were of the gentleman and yeoman class, and had been engaged in agricultural pur- suits in Kent and Surrey, came to the Quinnipiac settlement. They bought lands from the Indians and settled the town of Guilford, erecting for their pastor a stone house, to be used as a fort in case of an attack; it was probably the first house of the kind built in New England. Milford and Guilford were organized on the same plan, principle, and government as the Quinnipiac plantation.
The opening of the year 1639 found the civil and eccle- siastical organization of Quinnipiac the same as on the first day of the landing of the settlers; public property was man- aged by officers of the joint-stock association, civil govern- ment acknowledged no authority but God, and the only con- stitution was that set forth in the Scriptures. Public wor- ship was regularly held, but no church had been instituted and no sacraments celebrated. The indecision of the York- shire settlers, and the agitation caused by the removal of
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the Hereford men to Milford, were important reasons for this procrastination; as the leading men preferred to stay their decision rather than form a permanent organization without such a desirable addition. Another cause was the difference of opinion as to the preliminary work of laying the foundation of Church and State. Some of the settlers had been nonconforming members of the Church of Eng- land, while others had separated from the national church before leaving the old country.
But after a residence together of over a year, the planters of the Quinnipiac settlement assembled in a formal man- ner and proceeded to lay the foundation of their civil and re- ligious polity. The business was introduced by Mr. John Davenport, who preached from the text: "Wisdom hath builded her house, she hath hewn out her seven pillars." The Separatists, under the leadership of Samuel Eaton, de- sired to lay the foundation of the church on the princi- ple that church membership was not an essential quali- fication for free burgesses; but Mr. Davenport contended successfully that the power of choosing magistrates, of mak- ing and repealing laws, of dividing inheritances, and of de- ciding differences, should be vested in church members. Twelve members of the body were selected, who from their number were to choose seven, the latter to be empowered to pass on the qualification of members to form a church. This agreement was signed by one hundred and eleven per- sons; and Theophilus Eaton, John Davenport, Robert New- man, Matthew Gilbert, Thomas Fugill, John Punderson, and Jeremiah Dixon were elected the seven pillars of the church.
This court, consisting of the above-named persons, con- vened in the following October, and first declared all former trusts for managing the public affairs of the plantation abro-
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gated. After taking an oath of fidelity, all those who had been chosen by the seven pillars and members of other ap- proved churches proceeded to exercise their right of fran- chise, by electing executive officers of the plantation for the ensuing year. Theophilus Eaton was chosen Governor; and he, with four magistrates, a secretary, and a marshal, con- stituted the board of officers. This was the original gov- ernment of New Haven, which has been called the "House of Wisdom." The civil government was vested in the church which elected the civil officers, and the word of God was the only rule ordering the affairs of the plantation. The lands were held in trust by the principal men who purchased them; and every planter, after paying his proportion of the expenses, drew land in ratio with his investment.
Quinnipiac surpassed her sister plantations both in the ar- rangement of the settlement and the construction of its homes. It was laid out in nine equal squares, with streets crossing at right angles and a large centre space for a market. The houses were large and stately; conspicuous among them be- ing Governor Eaton's, built in the shape of the letter E, and John Davenport's in the form of a cross. The so- cial and aristocratic distinctions of the old country were pre- served by these builders of a republican form of government, as indeed was found necessary by all other colonial towns sooner or later; in church seating, the most prominent people were assigned the front pews; in matters of personal apparel no certain regulations were enforced, as the plantation was considered too rich to admit of dress distinctions. Marriages notices were posted fourteen days in advance, and were solemnized by a magistrate. To labor was deemed reputable, and idleness created suspicion. They were punctilious in re- gard to titles; the term "Esquire" signified one who pos-
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sessed estates, "Mr." implied gentlemen, to be recorded as "Master" denoted good birth and education, and "Good- man" an advanced yeoman of good character and own- er of a small estate. Military titles were always used, ranging from Captain to Corporal; and a clergyman addressed as Mr. Pastor, the term Reverend not being used until 1670. The rates of wages, price of and profit on mer- chandise, were regulated by industrial laws. Threepence profit on the shilling was allowed on importations; a day's work in summer was ten hours, for which the wage was two shillings; in winter the time was two hours less, and twenty pence was paid.
Land was purchased from the Indians west of the New Haven plantations, and was sold to parties residing in Weth- ersfield, which they settled in 1641, under the name of Stam- ford; agreeing to adopt a form of government similar to New Haven. Southold on Long Island being under the jur- isdiction of New Haven, it became necessary to form a gen- eral government ; and this was done in the summer of 1643, under the name of the Colony of New Haven. The planta- tion of Guilford joined the colony in September 1643, and about a month later Milford was admitted. The latter plan- tation having granted the right of franchise to six members not in church fellowship, it was obliged to agree that these six should never be chosen deputies or occupy any position of public trust, and should not be entitled to vote for magis- trates, either personally or by proxy; and in future the plan- tation agreed to elect only church members as free burgesses.
The formation of this embryo republic, and the framing of its laws, was conceived by the concurrent wisdom of Gov- ernor Eaton, Stephen Goodyear, Francis Newman, William Leete, Samuel Desborough, and the three pastors, Daven-
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port, Whitefield, and Prudden. These worthy gentlemen, after amicable consultations, devised a system of government possessing the requisite qualifications for governing the lar- gest republics. By this constitution a general assembly or court of general jurisdiction, consisting of two branches, was formed for the common interests of the colony. The Gover- nor, Deputy-Governor, and three magistrates (ministers be- ing debarred), all elected at large, were members of the up- per body; and two deputies from each town, elected inde- pendently, constituted the lower house. The concurrence of these two branches made any public act a law. The civil and military administration of the law was in the hands of the Governor and Deputy-Governor. The supreme judiciary was vested in a Court of Magistracy, consisting of the two executive officials and three or more magistrates; and to this legal body the whole colony was amenable. It was a court of original as well as appellate jurisdiction, founded accord- ing to the principle and spirit of the laws of England. It had charge of probating all wills, and settling all intestate estates. It differed from the general assembly, styled the General Court, it being executive and judicial in its functions instead of legislative and governmental. The other colonial officers were treasurer, secretary, and marshal. The towns were en- tirely independent in all local matters, their government con- sisting of four deputies or judges, who sat in their respective districts and acted on civil matters and lower felonies. These judges were approved by the General Court who empowered them, and thus became judiciary officers of the law, invested with civil authority and legal jurisdiction. There was also in each town a marshal, and a military company commanded by a lieutenant who served under the Governor. There were two important features of this constitution which differed
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from those in most other colonies; the unchangeable law that only church members could be voters, and the disuse of juries,-the judges deciding all questions of facts as well as of law, and inflicting discretionary punishments.
In 1644 Branford, which had been sold to parties from Wethersfield, became a member of the confederacy. Its pas- tor was Mr. Abraham Pierson, who had been a resident of Southampton, Long Island. This town placed itself un- der the jurisdiction of the Colony of Connecticut; and Mr. Pierson, with a minority of his people, preferring the theo- cratical constitution of the New Haven Colony, removed to Branford and united with the settlers from Wethersfield.
The leading citizens of the colony, having been engaged in commerce in the old country, early turned their attention to making New Haven a commercial town. Trade was soon established with Boston; furs and other merchandise were sent there for transportation to England, and brought in re- turn many English goods to the colony; to New Netherlands their vessels likewise carried tobacco from Virginia: the West Indies gave sugar, molasses, and rum, in exchange for wheat, biscuits, beef, pork, hides, and furs. This spirit of commerce led to a desire to locate colonies, and in 1640-1 purchases were made by the colonists of plantations along Delaware Bay, which the General Court voted to settle; these settlements however were opposed by the Dutch and the Swedes, who claimed the territory. The Swedes destroyed the English trading-houses, and took a number of English planters prisoners. Another unsuccessful attempt was made in 1651 ; and three years later it was again agitated, and sev- eral meetings were held to promote emigration to the dis- puted territory. Captain John Mason was invited by the New Haven Colony to become the leader of a permanent set-
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