USA > Connecticut > Connecticut as a colony and as a state; or, One of the original thirteen, Volume I > Part 11
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tlement; but though he favored the proposition, the General Court of Connecticut would not consent to his acceptance. This appears to have frustrated the design, as the project was not put into execution.
A commercial enterprise undertaken by the colonists, to compensate them for their unsuccessful scheme of coloniza- tion, was the building of a ship of one hundred and fifty tons burden. She was laden with furs and corn, which consti- tuted the greater part of their merchandise, and with sev- enty souls on board set sail for England. The voyage was begun in January, and the ship was obliged to be cut through the ice for three miles; Mr. Davenport invoked a prayer for a successful journey, in which he said, "Lord, if it be Thy pleasure to bury these our friends, in the bottom of the sea, they are thine,-save them!" Nothing more re- mains to be said, save that the vessel never reached her des- tination. Some two years and a half later, in a mirage, or by prophetic vision, a ship bearing a resemblance to the lost one was seen approaching the harbor of New Haven, but be- fore reaching the shore vanished in a cloud of smoke.
During his term of office as Lord Protector of England, Cromwell at different times became desirous for the settlers of New Haven to colonize various parts of the world; he extended them special invitation to settle in Ireland and Ja- maica, holding out the inducement that their so doing would tend to the destruction of the "Man of Sin." These propo- sitions were the occasion of long and serious debates by the General Court, in which they resolved that while they ac- knowledged the love, care, and respect of the Lord Protector, yet, for divers reasons, they concluded that God did not call upon them to make any change at present.
The first Governor and Deputy Governor of the colony
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were Theophilus Eaton and Stephen Goodyear, who were annually re-elected until 1657, in which year Governor Eaton died at New Haven; the death of Deputy Governor Goodyear occurred the following year, while he was on a visit to London. At the spring election held in 1658, Fran- cis Newman was chosen Governor and William Leete Depu- ty Governor. Both these gentlemen had served as magis- trates since the establishment of the colony. The death of Governor Newman occurring in 1660, at the next election William Leete and Matthew Gilbert were elected to the highest offices in the gift of the people. At the same time five magistrates were chosen instead of three. The code of laws of the colony was printed and distributed to the free- men in 1656. New Haven continued to prosper, and the af- fairs of the mother country in no way interfered with the progress or serenity of the colony.
The death of Cromwell and the restoration of Charles II. had a tendency to unsettle the public affairs of New England, which was increased by the arrival at Boston of Generals Whalley and Goffe, regicide judges of Charles I. Of the one hundred and thirty judges originally appointed by the House of Parliament, seventy-four sat, and sixty-seven of these were present at the session that unanimously passed the death sentence. Of the fifty-nine signing the warrant of ex- ecution, twenty-four were dead when Charles II. came to the throne; of the remainder, some were pardoned, others exe- cuted, and sixteen fled the country; three of these last, Ma- jor-General Edward Whalley, Major-General William Goffe, and Colonel John Dixwell, secreted themselves in New England until their death.
Edward Whalley, who was a cousin of the Lord Pro- tector, had been brought up as a merchant ; at the time of the
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contest between Charles I. and Parliament, being then in middle age, his religious opinions early caused him to take arms against the King. He distinguished himself at the bat- tles of Naseby and Banbury. The city of Worcester surren- dered to him, he commanded the foot soldiers at the battle of Dunbar, and afterwards was Commissary-General of Scot- land. When Cromwell became Lord Protector, he was wholly intrusted with the government of several counties. William Goffe, the son of a Puritan divine, and son-in-law of General Whalley, had been apprenticed to trade; but upon the opening of the Parliamentary War, joined the army, and was subsequently appointed General. General Goffe ren- dered Cromwell important services, by which he gained more fame than by his military record.
The regicide judges arrived at Boston in the summer of 1660, and made no attempt to conceal their identity; they presented themselves to Governor Endicott, who was at that time in the gubernatorial chair of the colony. They took up their residence at Cambridge, appeared at public meetings and gatherings, and by their devout and serious appearance commanded universal respect. The vessel on which they sailed left England before Charles II. was pro- claimed King; but they were among those seven judges who by the "Act of Indemnity" were refused pardon. The government officials of Massachusetts on receipt of this news became alarmed, and the governor summoned his Court of Assistants to consult upon the advisability of securing their persons. This official act was interpreted as being dangerous to their liberty; and deeming Cambridge unsafe, they left that town in the latter part of February, and arrived in New Haven March 7, 1661. The day following, a warrant for their arrest was issued by Governor Endicott, but they
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were beyond his jurisdiction. The officials of New Haven Colony were heartily in sympathy with them. Whalley and Goffe therefore rested in fancied security for about two weeks; then, learning of the King's proclamation, they fled to Milford; but the same night returned secretly to New Haven, and according to tradition, for more than a month were concealed in the home of Mr. John Davenport.
Finally after hiding in various places, a cave was prepared in the side of a hill named by them "Providence Hill," but which is known today as West Rock. This they are said to have made their home for over six months, during which time the colony was scoured by the King's messengers with war- rants for their arrest, offering large rewards for any infor- mation concerning them. The officials and people of New Haven, owing to their great love for independence and their hatred for the royal government, were loyal to their trust, and did everything in their power to harass the King's of- ficers in their attempt to capture the Regicides. Fearing that they were placing their friends in jeopardy, Whalley and Goffe offered to surrender, to relieve the country and keep from further trouble those who had befriended them; but this offer was strongly opposed by Governor Leete and the citizens of New Haven. The search was finally abandoned; and leaving their place of concealment they became resi- dents of Milford, where for two years they confined them- selves strictly to their dwelling-place. Growing confident and deeming themselves safe from further prosecution, they made their identity known to several persons, and enjoyed more liberties; but on the arrival of the King's Commission- ers at Boston in 1664, they retired to their former place of concealment. Thence after ten days they removed to Had- ley, Massachusetts, where they spent the remainder of their
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lives in cautious obscurity ; supported by remittances received from relatives in England, and donations from sympathetic friends in this country. During their residence at Hadlev they were joined by Colonel John Dixwell, another Reg- icide who had escaped from England and been secreted in the Colonies. After remaining at Hadley for some time, he removed to New Haven, where he married and lived un- der the name of James David; his identity, though not pro- fessed, was doubtless known to his friends.
New Haven Colony was not only agitated by the presence of the Regicides, but she had also to contend with internal dissensions; some of her settlers, desirous of enjoying more privileges, demanded that other than church members should have the right of franchise. Numerous complaints had been received by the General Court that the inhabitants of Green- wich (which was a part of Stamford) were addicted to drunkenness, and were incapable of performing the duties of local government, thereby causing damage to themselves and adjoining towns. They were disturbers of the public peace, and furnished refuge for unruly children and guilty servants; some of them unlawfully joined people in wed- lock, and they were charged with other grave misdemean- ors. After an investigation of the charges, it was ordered that the inhabitants submit to the jurisdiction of the court, which they resisted in open revolt; refusing to subject them- selves to the colony unless compelled to do so by the Eng- lish Parliament. The ringleaders of the insurrection were arrested, and their estates and persons surrendered to the gov- ernment.
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CHAPTER X THE UNITED COLONIES OF NEW ENGLAND
T HE object of the confederation of the New England colonies was to render their power more effective by consolidation, and also to unite sympathizing associates. Previous to this union, the young and enterprising col- onies of Connecticut and New Haven had attracted from Plymouth and Massachusetts some of their most active, progressive, and honored members. Their wise and prudent counsels had been missed from their transitory home in the New World, and by a concord they would again engage their minds and energies for the benefit of the English-speak- ing inhabitants of New England. By a community of inter- ests, the church could receive more assistance and encourage- ment, and religious precepts would become more firmly es- tablished and better guided.
At this time the four colonies consisted of forty-nine towns, thirty of which were located in Massachusetts and eight in Plymouth; Connecticut had six, including the independent town of Saybrook, and New Haven five. The population aggregated upward of 23,000; Massachusetts claiming 15,- 000; Connecticut 3,000; Plymouth 3,000, and New Haven 2,500. In no colony was there universal suffrage. The vot- ing power of Massachusetts was lodged in a minority of her male population, and in 1640 the number reached only 1,708. In democratic Connecticut and Pilgrim Plymouth, franchise was extended to those freemen who were vouched for by those that enjoyed the privilege. In the Puritan colonies of Massachusetts and New Haven, none but church members were eligible as candidates for these rights; and though in the other colonies this was not absolutely essential, still it was the strongest recommendation that the applicant could present.
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The status of the colonies was, that Connecticut and New Haven were without any charter, deriving their titles from the Indians and from occupancy of the lands, their govern- ment from voluntary agreement. Plymouth acquired her rights to her lands from a grant issued by a company in England, which conferred no jurisdiction. Massachusetts also received her titles from an English company; but she had no authority to execute treaties of peace, declare war, or organize leagues, having only the right to defend herself by force of arms when her territory was invaded.
This colonial federation was agitated as early as 1638. Many of the settlers during their residence in the Low Coun- tries having witnessed the strength given by union, the con- stitution of Netherlands was accepted as a model on which to build their own articles of confederation. This alliance had been discussed in the General Courts, and had been pressed with great earnestness in Connecticut, which for sev- eral years had appointed delegates to visit Massachusetts to urge the adoption of measures forwarding this project, deemed of vital importance to the weaker colonies. Massa- chusetts, on account of her large population, representing as she did almost three-fifths of the aggregate, and realizing that in a formation of a league she would only be entitled to equal representation with her sister colonies, evinced a spirit of indifference. There were other reasons why she was opposed to a union : she was in no danger of foreign invasion; she demanded a part of the Pequot country by right of conquest, and also jurisdiction over Springfield and Westfield, towns which Connecticut claimed were under her legal authority. Massachusetts, knowing that in a confederacy these claims would have to be adjudicated by higher tribunal of law, was dilatory in acquiescing in Connecticut's request, thinking
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that by such a course she would force her weaker sister to admit the disputed claims. Connecticut, though weak in numbers, was strong in maintaining her rights; until difficulties with the Indians, and the encroachments of her Dutch neighbors in 1641 and 1642, led her General Court in the latter year to refer the matter to a committee. John Haynes and Edward Hopkins were appointed delegates to meet at Boston, to confer with John Winthrop, Thomas Dudley, Simon Bradstreet, Captain Edward Gibbons, Wil- liam Tyng, and William Hawthorne, who had been desig- nated by the Massachusetts General Court then in session, as representatives to attend a conference to discuss the feasi- bility of forming a confederation; delegates from Plymouth and New Haven Colonies were also present. The unsettled state of affairs in the mother country, the troubles of Charles I. with his parliament, and the prospect of a civil war in Eng- land, must have influenced the authorities of Massachusetts to look with more favor on the contemplated union.
It was on May 6, 1643, that the delegates of the four col- onies assembled at Boston. Massachusetts was represented by John Winthrop and Thomas Dudley, Plymouth by Ed- ward Winslow and William Collier, Connecticut by Edward Hopkins and John Haynes, and New Haven by Theophilus Eaton and Thomas Gregson. These delegates represented all the independent colonies of New England, except Rhode Island, which was not invited to send representatives, being considered by her neighbors as an intruder, and also as an Alsatia for all the disorderly elements of New England. Roger Williams, the founder of the colony, was an extreme Separatist, and had made himself obnoxious to the civil and clerical authorities of Massachusetts by ideas and deliver- ances incompatible with their system, which had caused his
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exile from that jurisdiction. The form of government adopted by the Rhode Island Colony was purely democratic -overmuch so, for Williams himself had to curtail it and establish a property qualification a few years later; and it allowed no interference with the rights of conscience. Be- sides, all the Narragansett territory was claimed by Massa- chusetts and Connecticut; so that on the formation of the confederacy, Rhode Island's application for admission was re- fused unless she would acknowledge allegiance to the Col- ony of Plymouth. This Rhode Island refused, and applied to the mother country for a charter, which was granted in 1644; in spite of this, however, she bore her share in the defence of the New England provinces.
The first American Congress expressed in their preamble, that they recognized they were called to the New World for the same end and aim-the advancement of the Kingdom of the Lord Jesus Christ, and the enjoyment of the liberty of the Gospel in purity and peace; that they were further sep- arated than first intended, and were not able to communicate in one government and jurisdiction. They were surrounded by foreign nations, who had insulted and outraged the sev- eral English plantations. All this might prove of disadvant- age to their prosperity. England was in an unsettled condi- tion, and her affairs in a state of chaos. For these and va- rious other causes it was deemed expedient, as they were of the same nation and religion, that they create for mutual pro- tection a league for their own safety and welfare. After several meetings, twelve articles of an agreement were rati- fied and signed by delegates of Massachusetts, Connecticut, and New Haven, who had received from their respective General Courts full powers to act. The Plymouth delegates were granted permission to confer with their General Court
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for instructions, before subscribing to the articles of agree- ment.
The articles of confederation stated that they were to be called the "United Colonies of New England," and the body was to consist of two Commissioners from each colony. The first Thursday in September was designated as the legal day of the annual meetings, the first of which was to be held at Boston, the second at Hartford, the third at New Haven, and the fourth at New Plymouth, which order was to be repeated. Any measure to become a law required the vote of six Commissioners, except in case of emergency, when upon the summons of the magistrates of any jurisdiction, war could be declared by the vote of four Commissioners. If any measure received a majority of the votes and it was less than six, it was to be referred to the General Court of each colony, to become binding if unanimously ratified. The sovereign rights of each colony suffered no interference, and the matter of taxation was left to each separately. The colonies agreed not to form a union with each other, and that no other colony was to be received into the confederacy without the consent of the whole. They were to unite in case of war ; and if any one of the colonies was invaded, the league was to fur- nish soldiers to repel the enemy. The law of extradition was here first exemplified in the case of runaway servants and criminals ; on the production of a certificate, properly signed by the judicial authorities, the magistrates of any colony were required to issue warrants and deliver the accused into the hands of the officials of the colony where the crime had been committed. In their articles of agreement the delegates recognized no terrestrial authority, it being the first assump- tion in America of State Sovereignty.
The duties of the Congress were to consider and recom-
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mend measures for the public good to be acted upon by the different colonies. It possessed no executive power nor su- preme legislative authority; but Indian affairs and foreign relations were especially consigned to it. The judgments of the courts of law and the probate of wills in each colony were to have full faith and credit in all others; extra sessions of the Congress could be called at any time.
At the first regular meeting of the Commissioners held at Boston in September 1643, Connecticut yielded the place of one of her delegates to George Fenwick, who had been an early advocate of the union of the colonies; he succeeded John Haynes, and also represented his fellow patentees under the Warwick patent. At this meeting the representatives from Plymouth Colony presented an order from their General Court, approving of the articles of confederation. It was voted that every male between the age of sixteen and sixty years was to serve in the militia of his colony; a ratio for raising troops was established on the basis of one hundred and fifty from Massachusetts, thirty from Connecticut, thirty from Plymouth, and twenty-five from New Haven. The expense of conducting an offensive or defensive warfare, in which was involved the interests of the whole or any one of the allied powers, was to be borne in the same proportion as the levy made for troops. Each man of the requisite age was to provide himself with a gun and a sword, together with one pound of powder and four pounds of shot, and was to be inspected four times a year. Each juris- diction was to establish a public arsenal, to contain one hun- dred pounds of powder and four times as much shot. The holding of public trainings six times a year in each colony was recommended. The emigration schemes of the New Haven Colony, and the Indian troubles engaged the at-
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tention of the body; and the President was authorized to correspond with the Dutch and Swede authorities, demanding redress for outrages committed upon English settlers.
The second meeting was held at Hartford in September 1644, and Edward Hopkins was elected President. The Massachusetts representatives claimed the right of her Com- missioners to sign all the acts of the Congress after the pre- siding officer, stating that they expressed the wishes of their General Court. This claim for precedence was demurred to by the Commissioners, who contended that no such privi- leges had been granted at the former meeting, but it was con- ceded as an act of courtesy. They wished to impress upon the minds of the gentlemen from Massachusetts that they were above the dictations of any General Court, yet owing to their great respect for that Commonwealth they would establish an order to be followed in signing the acts and laws of the confederation : Massachusetts first, Plymouth second, Connecticut third, and New Haven fourth. The claim of Massachusetts to the Pequot country and to West- field was urged by her representatives, and it was decreed that the latter should be placed under the jurisdiction of Massa- chusetts until it was proved to which colony the plantation belonged. The colonists were prohibited from selling am- munition to the French, Dutch, or Indians. A compulsory tax for the support of ministers was advocated; and where a citizen did not contribute voluntarily he was to be rated by the authorities, and on his refusal to pay the claim, this was to be collected by law. The United Colonies of New Eng- land, in recommending the repairs of the road from Massa- chusetts Bay to Connecticut, took the first action looking to the establishment of American national highways.
Governor Winthrop, becoming alarmed at the hostile ac-
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tions of the Indians, called a special session of the United Colonies of New England, June 28, 1645. There had been no change in the Commissioners from the Connecticut colonies since the formation of the confederation. At this session Ste- phen Goodyear was sent from New Haven Colony in place of Thomas Gregson; the latter had set sail for England the previous winter to procure a patent for the Colony, on that ill-fated ship commissioned by the New Haven Colony of which no tidings were ever received. The special business for which the Congress was convened was legislated upon, and has been fully dealt with in a preceding chapter in this work.
The annual meeting of 1646 was held at New Haven, and elected Theophilus Eaton President. There was a change in the Connecticut commissioners, caused by the return of George Fenwick to England; and the vacancy was filled by the election of John Haynes, one of the original delegates. The transgressions of the Dutch and the Indians were the important topics of the meeting. Massachusetts again as- serted her claims to disputed territories; she still pressed her rights to the Pequot country and demanded jurisdiction over New London, stating that by the treaty of 1638 the Pequot River was established as a boundary line. Connecti- cut urged in defense of her rights for jurisdiction, that at the time of making the treaty of 1638, Fenwick, the agent of the original patentees, was not present, and therefore did not sanction the boundary line agreed upon; that since that time she had acquired a title to the lands in question by a deed of conveyance from Uncas, and furthermore the settle- ment was on the west bank of the river. The claims of Mas- sachusetts to the territory were ignored by the Commissioners until she could produce better titles of ownership; and the
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settlement was placed under the jurisdiction of Connecticut.
In the revenue raised for the maintenance of the acts of the United Colonies of New England, which was based on the population of the different colonies, it was found that Con- necticut and New Haven had furnished more than their pro- portion; and the colonies of Massachusetts and Plymouth being delinquent, it was ordered that Massachusetts should pay Connecticut the sum of £136-9s-1Id and New Haven £71-8s-7d, and Plymouth was to pay New Haven £25-4S. The Commissioners established the following weekly pay for military services : a soldier was to receive six shillings, a cor- poral eight, a sergeant ten, an ensign fifteen, a lieutenant twenty, and a captain thirty.
Religious questions cannot be ignored in any New Eng- land proceedings. The Commissioners ordered that as the confederacy had been formed for the purpose of preserving the truth and liberties of the Gospel, baptism should be re- stricted to members and their posterity, and all opposition to the established form of worship should be suppressed. But the Commissioners from Plymouth, whose people and their followers had suffered for nearly a century from the disciples of an Established Church, and who had divorced Church and State until their ministers were not prominent in civil affairs, would not concur in the resolution until they had submitted it to their General Court for approval.
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