USA > Connecticut > New Haven County > East Haven > History of East Haven > Part 11
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"April 24, 1705. The Townsmen moved the Towne to consider whether the Towne look on the grant formerly made by New-Haven, doth give them power to take up again a Village on the east side, and whether the right of soil in the bounds of said Village belongs to the inhabitants there. The Towne by vote declare that they look upon the said former grant for a Village on that side to have been some time since, and by sundry applications and matters of record, are superceeded and cancelled, and that those neighbours may not lawfully resume and manage a Village affairs without a new grant and allowance orderly made to them; and that the right of undivided and common land, within the former grant, in no wise is, or ever was, granted to the inhabitants of said Village, but is and must remain at the disposal of the Towne of New-Haven, as much as any other tracts of common land lying within the established boundary of New- Haven Towne, and whereas in said former grant the farmers on that side, northward of the Village bounds, were allowed to pay to the Ministry settled in said Village till further orders. The Towne likewise doth order that those inhabitants henceforward pay to the support of the Ministry in New-Haven platt, untill that matter shall be otherwise ordered by said Towne." (N. H. Rec.)
The right of soil in the undivided land did indeed belong to the town of New Haven. The village had no right to make a division of common land, except
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the half-mile that belonged to the village by a deed from Branford, predicated on a special grant of New Haven to that effect. New Haven had no right of soil in the half-mile.
The village, however, obtained from the General Assembly a renewal of the parish grant which they had received in 1680, and they proceeded to manage their religious affairs in their own way.
New Haven attempted to tax the village as before, which was resisted by the village. .
April 24th, 1707, "The Village voted that 600 acres on the lower end of the half-mile should be sold to defend lawsuits against New-Haven, particularly when distressed for taxes. And that the purchasers should sue at the next County Court after New Haven had strained for taxes." William Luddington, John Russell, John Moulthrop, Joseph Tuttle, Daniel Collins and Jacob Robinson took the 600 acres on those con- ditions, and divided it among themselves. This tract lay between the Pond, and Bull-swamp bridge. Caleb Parmalee, Caleb Chidsey, and Isaac Penfield after- wards settled on it.
Some attempts to quiet this controversy were made, but without effect. In October of this year the village proposed to New Haven to take their whole right of lands within the village bounds and maintain their own poor. The next year, according to advice of the General Assembly, a committee of twelve was appointed by both parties and the articles of agree- ment proposed by the General Assembly partly con- sented to, i. e., to take the common lands within their bounds and support their own poor. Some of the
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village people, however, protested against any propo- sitions that might infringe their old rights.
About this time also there was a difference between the village and the South End men respecting the last division of land; but this was adjusted by admitting them to a full proportion with the rest.
To accomplish their object respecting further privi- leges the village proceeded thus: "15th Feb. 1707. Sergt. John Potter and Joseph Tuttle were directed to attend a Town-meeting at New-Haven, and obtain their consent that this Village may be a settled distinct Towne."
The following spring the village petitioned the General Assembly for that object, which was granted.
"May, 1707. This Assembly, considering the petition of the East Village of New-Haven do see cause to order that they shall be a Village distinct from the Towne of New-Haven, and invested and priviledged with all immunities and privi- ledges that are proper and necessary for a village, for the upholding of the public worship of God, as also their own civil concerns; and in order thereunto doe grant them libertie of all such officers so chosen as aforesaid and sworn as the law directs, shall be inabled with power and authoritie as fully and effectually for their limits or bounds, as is already granted them, as any such officers of any Towne whatsoever : As also the said Village have libertie to have a school amongst themselves, with the priviledge of the fortie shillings upon the £100 estate, as every Towne hath by lawe, and also free their own village charge, and maintain their own poor as all towns are obliged to doe, and be fully freed from paying any taxes to the Towne of New Haven, and shall be called by the name of East-Haven." (Col. Rec.)
This was a very ample charter for all the common privileges and immunities and duties of a town. The right of choosing a representative is not, indeed,
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specified, but is implied in the "immunities and priviledges of a Towne." They were furnished with the officers and powers of a town and the specific duties of a town are imposed. So the people con- sidered the grant and acted upon it by immediately choosing town officers, laying rates, and taking charge of their own poor. Had the village still cooperated with New Haven in dividing their common lands, instead of assuming the right of dividing them them- selves, probably they would not have been molested. New Haven was displeased, as appears from the following document :
"16th Sept. 1707. The Towne taking into their consideration, that, notwithstanding all fair and friendly endeavours have been used by our Committee, for a good agreement between us and our neighbours at the Ironworkes, that they have yet given us causeless trouble and charge, in that they have four times summoned us to answer them before the General Court, and in May last, have moved the said General Court, that they may have the privileges of a separate Towne, and be freed from payment of Towne rates here, and also that they have unjustly entered upon, and granted sundry parcels of land, being our right and property, to the great prejudice of the Towne, and more particularly of some of their neighbours, do, therefore, by their vote declare, that altho' we have ever, hitherto, been willing, not only to grant them liberty, but all due encouragement to a separate society for carrying on the worship of God; yet the above proceed- ings being not only injurious to our right, property and privi- lege, secured to us by law, and our patent; but are also accompanied with great disturbance of the peace, and much disorder, which is likely to increase if not prevented, that, therefore, we may in no measure be satisfied therewith; but do order the Townsmen, with good advice in all proper methods of law, to endeavour the prevention thereof, and to secure our interest. Being informed also that the listers
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cannot obtain the bills of persons and estates from the aforesaid inhabitants of the Ironworkes, who refuse to deliver the same, on pretence that Towne privileges were conferred upon them separately by the General Court, in May last, that, therefore our said listers are not capable to perfect their list, and to give the sum total thereof, according to an act of the General Assembly, in October last past, the Towne considering thereof, do declare that the sum total of their list cannot be known, and desire it should not be presented, 'till it be perfected according to law."
In January, 1708, the village found themselves in debt to their minister and meetinghouse, and in order to cancel those debts they voted to sell the half-mile. "The division to begin near Mr. Pierpont's and so come down. The land to be laid out in two tiers of lots, with a six rod road thro' the middle; and the land was valued at one shilling and eight pence per acre, and proportioned at the rate of 5 acres to the fioo estate, and one acre to the poll. * * * the money was paid to Caleb Chedsey, Treasurer."
In the year 1708 Gurdon Saltonstall was elected governor. It may be pardonable here to make a little digression and give a short sketch of Governor Saltonstall.
Gurdon Saltonstall was born in Haverhill, Massa- chusetts, March 27, 1666; graduated at Harvard College, A.B. 1684, A.M. 1687; served as butler of the college 1684-1685; was ordained Minister of the church at New London, Connecticut, November 25, 1691. He became a celebrated preacher, and was invited to accompany Winthrop to England, to settle political difficulties in 1693. He was chosen to succeed Gov. Fitz-John Winthrop in office at the lat- ter's death, and served by annual election from 1708
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History of East Haven.
to 1724. He was a man of great influence and power. He refused to be agent to the colony, con- veying the address to Queen Anne urging the con- quest of Canada in 1709, but aided in raising a large force for the disastrous expedition of Sir Hovenden Walker, and in 1713 became personally responsible for the credit of the colony, which had become involved through the expenses incurred in Canada. In his ministerial teachings he was a strict disciplin- arian and the "Saybrook Platform" was largely due to his urging ecclesiastical discipline, which was in some respects in harmony with the Presbyterian polity.
He was so intent that it should be printed that he bought and set up in his residence in New London, the first printing press in Connecticut, forty-five years before printing was in use in any other place in the colony. His printer was Thomas Short, who came to New London in 1709. He printed the "Saybrook Platform," which is said to be the first book printed in Connecticut.
Governor Saltonstall was very prominent in locating Yale College at New Haven instead of at Hartford, which place he strenuously opposed. He seems to have been a man of tact as well as of force and authority. The following is related of him: A strange sect called "Rogerenes" may be found in New London at present, although very sparingly. They ignored the rites of minister and doctor. One day as Governor Saltonstall was sitting in his room, smoking his pipe, a man named Gurdon came in with a woman, and addressing the governor said, "Sir, I have married this woman, and that, too, without the authority of your magistrates and ministers." The
GOVERNOR SALTONSTALL CHAIR. (Owned by Mrs. Leverett Bagley.)
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governor turned round, took the pipe out of his mouth, and in a stern voice said, "Gurdon, have you taken this woman for your wife?" Gurdon replied, "Yes, I have." Turning to the woman the governor said, "Madam, have you taken this man for your husband?" She replied, "Indeed, sir, I have." "Well, then," said the governor, "by authority of, and according to the laws of Connecticut, I pronounce you lawfully wedded husband and wife." Gurdon was astonished, and after a pause replied, "Thou art a cunning crea- ture."
Governor Saltonstall married the only child of William Rosewell, and of course came into pos- session of the Furnace farm. It is not definitely known whether he ever lived there. Miss Susan Hutchinson, formerly librarian at the Blackstone Library, was the first to question the fact. The late Mr. Leverett Bagley, who was of a historical turn of mind, says, "I have searched the records of the prop- erty, but I find nothing which goes to show that the governor ever lived at this lake named after the family. Col. Roswell Saltonstall,* grandson of the governor, is the first one of the Saltonstalls to live at the lake."
* Mrs. Leverett S. Bagley has now, in her parlor, one of Governor Saltonstall's straight-back chairs, which no doubt was brought from England. After the death of the last Saltonstall, the Farm went into the hands of Lieut. Jared Bradley. Tradition among the old people has always been that this Saltonstall was not equal to the average, in mental capacity. If he was not actually incompetent, he was inactive, and preferred some one to look out for him, rather than to take care of himself, and the Farm went to Mr. Bradley for care bestowed. After the death of Mr. Bradley's wife, his niece, Mrs. Loruhamah Goodsell, kept house for him. When she left the Farm she brought this chair with her to
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History of East Haven.
There was a common feeling among the people of the town that he constantly opposed their town privileges; and being a man of great influence, he had abundant opportunity to injure them. The following incident will show the spirit of the times relative to East Haven affairs :
The people of the village kept large flocks of geese; many of which found their way to the Furnace pond, and frequently passed over to the governor's farm. The governor being vexed with this invasion of his rights proclaimed a defensive war, attacked and routed the feathered army, making a great slaughter among them. The owners of the geese thought that this was a "cruel and unnecessary war," and were in turn greatly offended, and such was the effect upon the minds of the inhabitants generally, that at the next election for governor not a single East Haven vote appeared for Saltonstall. After this discovery, the singular acts were passed by the General Assembly which destroyed their charter.
Whether these representations respecting the hos- tility and influence of the governor are correct or not, it is certain that a most singular legislative legerde- main followed, and which whenever adopted is . sufficient to ruin any charter, or fritter down any law into perfect nonsense. It is similar in effect to that exercise of power by which the Kings of England revoked charters and disannulled laws, and rendered every privilege and all property totally insecure.
her father's house in East Haven (the site of the present Bailey house), where she died. Her daughter, Mrs. Grace (Goodsell) Parmelee, gave it to her friend, Mrs. Emeline (Bradley) Bagley, the mother of the late Leverett S. Bagley.
GOVERNOR SALTONSTALL'S HOUSE.
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In all probability the governor's business called him to New Haven often and he might have spent a few days at a time at the Farm. Usually such men kept a farmer on their estates, and probably he did. He was thrice married. His second wife was Elizabeth, daughter of William and Catharine (Russell) Roswell of Branford, Conn., by whom he came into possession of the Farm property. He died in New London, Connecticut, September 20, 1724.
"At a village meeting 15th Feb. 1709, agreed to sell all the undivided lands on the pond Rock to the upper end, except the parsonage land. *
* * The rest to be sequestered for building the minister's house."
"25th Feb. 1709. Another half division of land was made at the rate of five acres on the £100 estate and one acre on the Poll." Eliphalet Pardee drew the lot.
The controversy continued, and the General Assem- bly undertook to explain the act containing the town charter of East Haven.
"New Haven, Oct. 1710. This Assembly taking into consid- eration an Act passed in the General Court held at Hartford, 8th May 1707, granting several privileges to the Village called (in the said Act) East-Haven, do declare upon the same, that there is nothing contained in the said Act that concerns property of lands, or that excludes the said Village from being within the Township of New-Haven; nor that intends to give the said Village the liberty of choosing deputies distinct from the Town of New Haven." (Col. Rec.)
"5th Feb. 1711. Caleb Chedsey, Sergt. John Potter, John Howe, Samuel Russell, Ab. Heminway and Samuel Thompson, were chosen to goe to New-Haven and discourse with the Committee there, about the differences they speak of between them and us, and to make return to the Village, and not to conclude anything respecting the aforesaid matters, without the approbation of the Village."
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Nothing, however, was accomplished by this attempt at explanation. The commentary of the General Assembly did not even diminish the magnitude of the controversy. East Haven pursued its own course, and New Haven threatened and prosecuted the people for their taxes.
In 1716, East Haven again cited New Haven before the General Assembly in hope that they should be able to maintain their town privileges on the charter of 1707. Contrary to their expectations, this application only brought forth a commentary on the commentary last mentioned.
"New-Haven, Oct. 1716. Upon consideration of the petition of the inhabitants at the Village of East-Haven, this Assem- bly find upon examination, that the last act of this Assembly, dated Oct. 1710, determines them to have no other powers than those that are common to other parishes, and, therefore, are of opinion that the law does not put the care of the poor into their hands, but into the Town of New Haven." (Col. Rec.)
In December of the same year, New Haven "Voted to clear the inhabitants of East-Haven Village of all taxes to the Ministry or School, so long as they sup- port the same according to the laws of this Colony." They appointed a committee to settle with them about civil matters; and if they could not settle, they were determined to prosecute. In 1713 the last division of land was made, it being now all taken up.
After the year 1716, for a long time, very little appears on record concerning the civil concerns of the village. The General Assembly having explained away all their privileges, rights and duties as a town, they had nothing to do, nor anything to enjoy, except-
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ing the duties and privileges of a mere parish under the jurisdiction of New Haven.
Being silenced by the terror of law suits and "the powers that be," they yielded; until another genera- tion arose that knew not a Saltonstall and which began to think again that the act of 1707 really meant some- thing according to the natural import of words, and accordingly on the 18th of December, 1752, "Voted, that we will take up the privileges that the General Assembly and the Town of New-Haven have formerly granted for the time being; and in order to do this, do send our Memorial forthwith to the Town meeting now sitting."
"6th December 1753. We the subscribers, Selectmen of the Town of East-Haven, hereby beg leave to inform the inhab- itants of the Town of New-Haven in Town meeting assem- bled, that whereas the General Assembly of the Colony of Connecticut, at their session at Hartford, on the 8th May, 1707, on the humble petition of the then East Village of New-Haven, were pleased to order, "That the said Village should be a Village distinct from the Town of New-Haven, and invested and priviledged with all immunities and privi- leges proper and necessary for a Village, for the upholding the worship of God, as also their own civil concerns," and did also grant them liberty of all such officers, as are proper and necessary for a Town, to be chosen by themselves, in order and form as all Towns by law, for each or any Town, and that all such officers so chosen as aforesaid and sworn as the law directs, should be enabled with power and authority as fully and effectually for their limits and bounds as any such officers of any Town whatsoever, and should be freed from paying taxes to the Town of New-Haven, and be called by the name of East-Haven. And whereas the Town of East- Haven, in pursuance of the said grant of the said General Assembly, did on the 6th December inst. in Town meeting regularly convened, proceed to choose the officers by law
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directed in Town meetings to be chosen, and to make such rules, orders and regulations, as were necessary for the welfare and due regulation of said Town, and are determined hereafter to continue to take benefit of the said grant of the General Assembly, and therein conduct according to the laws of this Colony, respecting the regulation and due Government of Towns, we have thought it our duty, and accordingly do in behalf of said Town of East-Haven, and by direction from them, hereby notify the Town of New-Haven of such their resolutions and conduct, in order that the said Town of New- Haven may hereafter exempt themselves from any further care or trouble respecting the affairs of the said Town of East- Haven, the regulation thereof, or the appointment of officers therein, whereof we doubt not your favourable acceptance and approbation, and are with gratitude for your past assistance, kindness and care :-
Gentlemen, your humble servants,
ROSEWELL WOODWARD, ISAAC BLAKESLEE, SAMUEL HEMINWAY, DANIEL HOLT.
Sclectmen of the Town of East Haven.
East-Haven, 6th Dec. 1753."
The village at the next meeting, 13th December, "Voted to defray the expenses of the Selectmen in defending us from the Town of New-Haven."
These proceedings, however, brought upon them once more the broad hand of the General Assembly as follows :
"New-Haven, October, 1754. Whereas by the law of this Colony respecting the office and duties of listers, provision is made for the sum total of the list of the several Towns in this Colony, to be sent in to this Assembly, and whereas the Village, or Society of East-Haven, in the Town of New- Haven, have sent the sum total of their list into this Assembly, distinct from the Town of New-Haven, which this Assembly, judging to be contrary to the law aforesaid, for that Towns only are to send in their list do reject the same, it not being
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the list of any Town-But forasmuch as it appears to this Assembly, that the said Society in sending said list, acted through mistake and misapprehension, do thereupon order, that the sum total of the list sent in by said Society be added to the sum total of the list of the Town of New-Haven, to make one sum, and that the same be entered on the records as the list of said Town accordingly. It is also fur- ther ordered that the listers of New-Haven inspect the list of the inhabitants of said Society, with the rest of the inhabi- tants of said Town according to law. And the several persons who received and made up the list of said Society, as listers, are hereby ordered to deliver the several lists of the inhabi- tants of said Society to the listers of the Town of New- Haven, that they may make up one general list, to be delivered to the Town Clerk as the law directs; and the Secretary of the Colony is directed to deliver two copies of this act to the Sheriff of New-Haven County, one by him to be delivered to the listers of said Town of New-Haven, and the other to the person or persons who received and made up the lists of said Society, for their direction respectively in the premises." (Col. Rec.)
Thus another fatal blow was given to the act of 1707. The village, however, was very obstinate, and was determined not to yield. But in order to remove and prevent any further objections to what they appre- hended to be their rights, on the 3d of February, 1755, "They appointed a Committee to apply to the General Court for Town privileges, according to a former Grant and to refuse to pay the two last rates of the Town; and to make an agreement with New-Haven about it, if they could."
But this plan failed. They then resumed their old ground and on the 16th June "Voted, that we will proceed further with respect to our privileges granted formerly to us by the General Assembly, and will try it in the common law with the Town of New-Haven
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History of East Haven.
if they strain for our Town rates." And a com- mittee was appointed to manage this business.
They persisted in choosing officers annually and yet appear to have acted with New Haven in town busi- ness. Nothing more appears on record respecting this controversy until May, 1780, when the village "Voted to apply to the General Assembly, to ratify and confirm our Town privileges, granted to this Village in 1707, and that a Committee go to New-Haven, and let them know that we are determined to act in defence of said privileges." In December, 1781, this business was again introduced, and it was "Voted that a Committee be appointed to go to New-Haven to the next Town meeting, to petition them to give their assent and approbation to our taking up our Village grant of 1707, and to act upon the same." "January 1, 1782. Voted, that Levi Pardee go round to the people, to know whether they are willing to be a Town, or not." "3d January, Voted, that we will petition the General Assembly, that they make us a distinct town from New Haven." In the prosecution of this object they persevered. And at length after about 80 years of labor and controversy obtained their object. In 1785 New Haven consented they should become a town. They presented a petition to the General Assembly, and obtained the following grant:
"At a General Assembly holden at Hartford, on the second Tuesday of May, 1785, upon the Memorial of the inhabitants of the parish of East-Haven, in the Town of New-Haven, representing to the Assembly the many inconveniences they are subject to, by reason of their being connected with, and being a part of the Town of New-Haven, praying that they may be constituted a distinct and separate Town by them- selves as per memorial,
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