USA > Connecticut > Windham County > History of Windham County, Connecticut. Volume I, 1600-1760 > Part 26
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5. That all the lands within the said town not claimed and entered as afore- said, (except such as are claimed by a grant or quit-claim from the Govern- ment) be and remain at the disposition of the Government, to be given in suitable portions by the said committee, to such persons as within two years and an half from the date hereof shall go and settle themselves by building thereon.
6. That what shall be further necessary for the above mentioned pious uses shall be levied upon the heads and ratable estate of all inhabitants that are or shall be within the said town, within the time aforesaid of two years and all half, to be levied and collected as in other towns, and paid to the committee as aforesaid, or such person or persons as they shall appoint to receive the same, to be improved by them to the said uses, with all convenient speed.
7. That William Pitkin and Joseph Talcott, Esqrs. and Captain Aaron Cook and Mr. Edward Bulkly, or any three of them, be a committee of this Government, to take care of the affairs committed to them by this act; who shall be paid for the service they do therein either out of the said tax, or as the committee and the said town and the inhabitants thereof shall agree otherwise.
8. That the brand for the horses of the said town shall be the figure 3."
At the same date a quit-claim to 10,240 acres of land in Ashford, bounded four miles east by Pomfret and otherwise by waste land, was
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ASHFORD, SETTLEMENT, ETC.
granted by the Assembly to Simeon Stoddard and heirs, of Boston. The other non-resident claimants-Chandler, Corbin, Cushing and Company-complied as soon as possible with the requisitions of the General Court, inscribing in the book of records speedily procured by the town their various deeds of purchase from Major Fitch, and signi- fying their willingness to pay the prescribed tax for settling public worship, hoping thereby to be confirmed in peaceable possession of their claims.
Town organization was effected as soon as possible under the circum- stances. The inhabitants were few and feeble, dependent solely on their own exertions and resources, and communication between the two settlements very difficult. The first town-meeting was held early in 1715. William Ward acted as moderator, John Mixer was chosen town clerk and treasurer ; John Perry, constable ; William Ward and John Perry were elected selectmen ; William Ward also served as first grand- jury-man ; John Chapman as second. William Ward, Philip Eastman, Nathaniel Fuller, John Pitt, Benjamin Russel, James Corbin and Isaac Kendall were chosen to state and lay out highways. A book for recording town acts was given to the town by James Corbin. Nothing was done this year but to lay out land and highways. February, 1716, it was voted, " That the meeting-house be built first-that is, before the minister's house." That it should be forty feet long ; thirty- five broad, and eighteen, high. That Nathaniel Abbot (a young settler, who with his brother William had just arrived from Andover), should be master carpenter to cut and hew timber for three shillings a day and diet ; men assisting tos have two shillings a day and oxen, one-William Ward to oversee the work.
March 13, the town voted, "To go on with the meeting-house, hew timber and get it ready to raise. That men who worked on the frame should have two and nine-pence a day ; William Abbot three shillings and his diet, and that four and six-pence a week should be given to William Ward, to diet said Abbot while at work on the frame. Also, that William Ward, Sen. should go and try to get a minister to preach in Ashford a quarter of a year." Mr. Ward very soon went out on this mission and was so fortunate as to secure a minister who remained a quarter of a century. Mr. James Hale of Swanzea, a graduate of Harvard in 1703, is believed to have returned with Mr. Ward, and at once established regular religious services and assumed the pastoral charge of the people. April 7, the town voted, " That it was willing to build a house for the minister." John Mixer was directed to keep . the minister, and Nathaniel and Daniel Fuller to agree how much to give him for it. July 9, it was agreed, "That James Hale be offered thirty-five pounds for one year and if that don't content him, offer
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HISTORY OF WINDHAM COUNTY.
forty pounds ; one-third money, two-thirds provision pay." William Ward, John Perry and John Mixer, committee. In November, a formal call to settlement was given, the town offering Mr. Hale, " forty pounds a year for three years ; forty five pounds the fourth year ; fifty the fifth ; then to add two pounds a year till it reached sixty pounds ; one-fourth in money ; the remainder in other supplies at money price- the ten years to begin at the time that Mr. Hale brought his family to live. Also to give him his fire wood and a hundred acres of land, upon choice of land that is not taken up, in case he settle here-Benjamin Russel and John Mixer to be the men to oversee getting the fire wood. Also, to build him a house two stories high with a twenty-foot room in it."
XXXII.
LAND CONTROVERSIES. ATTEMPTED SETTLEMENT. CHURCH
FORMED.
YTHE building minister's and meeting-house and other public im- provements were delayed by a renewal of the land controversy. The town authorities found it difficult to effect needful improvements, while so much of its territory was in the hands of non-residents. No highways could be laid out, no land obtained for public uses without the consent or payment of these owners, and finding that their title was considered very doubtful by the Government of Connecticut, the town determined to procure its abrogation and secure itself the owner- ship of the land as well as its jurisdiction. The first step taken, March 13, 1716, was in appointing Daniel Fuller and Philip Eastman to assist the selectmen in taking care that no person be allowed to come and survey land and settle upon it without leave from said committee. In May, John Mixer was chosen "to be the man to go to the Gen. Court in behalf of said town, as to settlement of a town," who May 10, 1716, represented to that body :-
" That whereas Ashford has long labored under great difficulties still grow- ing and increasing by reason that the lands or the greatest part of them are still unsettled, which with the numerous claims of sundry persons to the property of said lands is very discouraging and disheartening to the inhabitants, and is likely to prove of very fatal consequence to the welfare of said town and its increase and population ; and your petitioners can't find that the said pretended claimers had any real right, and pray that the Assembly would so order the settlement of this poor plantation that the inhabitants may be encouraged and the Assembly give the Colony right of land not yet granted by them, to such persons as are thought meet.'
To this petition the subjoined response was at once given by Chandler and Corbin.
" That they were sorry for Ashford's difficulty in being unsettled and claimed by men of Ashford in part and are much afflicted, also, that any body
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LAND CONTROVERSIES. CHURCH FORMED.
claims or desires any land besides themselves, nor can they find that any body besides themselves have any real right in said town, and upon the premises- join themselves with Ashford and refer themselves to ye great wisdom of ye Court. And though we cannot join with Ashford in desiring the act of 1706, to be revived, which on good consideration has been since superceded by a general settlement with great care and cost made by a consent of this Court, and at great cost of the claimers complied with, yet in the rest of the petition, understood as every honest man will understand it, we heartily comply with it, which is, that the land claimed may be confirmed to such individuals as have bought it for valuable consideration and complied with the late settlement of the Court."
About twenty persons, they averred, were already settled by the claimers, and five more would have actually been there had not Kendall and William Chapman been their hindrances. James Corbin carried on a lot for his son, and had built and made considerable improvements.
The General Court was by no means satisfied with the position of affairs, and would gladly have ousted the several claimants from their possessions in Ashford, but as they had promptly complied with the terms of settlement, could not consistently enact their immediate ejection. An act, "giving the land to the inhabitants," was, however, passed in the Lower House, but lost in the Upper. John Mixer, " defeated of audience," appealed again to the Assembly, May 26, and begged it " to consider their lamentable condition and great discour- agement to any to come, and moveth well-disposed men to remove, and pray your opinion whether the payment of a tax of twenty shillings shall make a title to all that attend it of what quantity soever they claim and enter, and pray that your Honors would order a committee of judicious, indifferent men to come to our town." This request was also denied, and Mr. Mixer returned to Ashford defeated in all the objects of his mission.
This defeat did not prevent further agitation. A majority of the inhabitants were more firmly resolved to attain possession of at least a part of their territory. A large minority, who had purchased land of Chandler or Corbin, earnestly opposed them. At the town-meeting in October, John Mixer was again chosen "to go to the General Assembly for a Pattern for the town of Ashford." From this vote dissented John Pitts, William Price, 2d, James Corbin, Joseph Bass, Benjamin Allen, Thomas Corbin, Nehemiah Watkins, David Bishop, William Watkins, Joseph Chubb, Benjamin Russel, Samuel Rice, Nath. Fuller, Nath. Abbot, Joseph Wilson and Philip Eastman. At the town-meeting, December 31, great confusion prevailed. Uncertainty existed as to who were lawful voters. Non-resident land-holders claimed the right of voting, and so sharp was the dispute that a part of the inhabitants withdrew, with one of the selectmen, and acted by themselves. The standing party, with two selectmen, carried on the regular meeting. Willam Ward, Sen., was chosen moderator, John
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HISTORY OF WINDHAM COUNTY.
Mixer, town-clerk and first selectman ; William Ward, second select- man ; Daniel Fuller, third ; Isaac Magoon, surveyor. "And here," says the record, "is the work which the other party and the one selectman did: Nathaniel Fuller was chosen first selectman ; John Perry, the second ; Philip Eastman, the third ; Benjamin Russel, con- stable ; Nathaniel Abbot, surveyor for the east of Ashford; Isaac Kendall, for the west ; Philip Eastman, grand juror for the east ; John Mixer, for the west ; John Perry, brander for the east ; Daniel Fuller, for the west." At this point in the proceedings, an agreement was effected, and all the selectmen chosen by each party were allowed to stand, and a proposal mode to choose one more to make up the favored number, seven, but this amendment was not formally carried, although the conscientious chronicler asserts, "that John Pitts was chosen selectman by a great deal bigger vote in the firmative than the nega- tive was," but failing to catch the precise form of expression he did not venture to record it, "as some said ye word of ye vote was, Y' Pitts should be seventh selectman ; some, That John Pitts should be added to the other six ; and some, That John Pitts should be added to the rest." Two hundred acres of land were then granted by the town to John Mixer for his going to the General Court for the town, "he to go this time and acquit the town of all charge." Thomas Corbin, Thomas Tiffany, Obadiah Abbe and other non-residents, dissented from this vote and all the proceedings of this meeting.
It does not appear that the town asked or received a patent, or any further order or permission from the General Assembly, but, neverthe- less, its officers proceeded to assume jurisdiction of the whole territory, without any regard to the authority and ownership of the claimants. The land was first surveyed by Colonel William Allen, and paid for by the inhabitants. A half-mile strip, at the northern extremity of the town, accruing to it by the adjustment of the Massachusetts Boundary Line, was ordered, "To be laid out in farms to the inhabitants yt paid for the laying out ye township of Ashford-William Ward and Nath. Fuller to lay it out." Seventy-five acres of land were added to Mr. Hale's lot and the privilege of taking twenty-five more, where it suits him. Grants were allowed several other persons, " to be laid out where it suits them, except on Pine or Meeting house Hill or on other persons' property." August 23, 1717, William Ward was directed to inquire into the titles of land and also to lay the circumstances before the committee, and a committee was also appointed to draw up a memorial to lay before the General Court. As several of the inhabitants opposed these proceedings of the town, lest it should invalidate their titles secured from Corbin or Chandler and compel them to pay twice for their homesteads, it was granted to them, "That all lands bought of
223
LAND CONTROVERSIES. CHURCH FORMED.
the claimants, that they had had laid out, should be free to them, beside the equal share in all the undivided land." January 11, 1718, it was further voted, "That the town doth grant all those lands that have been already granted to be free and clear according to the most free tenure of East Greenwich, in county of King, in the Realm of England-provided these persons give sufficient bonds, with sureties, to John Perry and Philip Eastman, who are appointed to furnish the committee with money to build the meeting-house." The lands not previously laid out they proceeded to divide among the inhabitants :-
" March 5, 1718, voted, To lay out two hundred acres of land to a proprietor, beginning at the west end of the town and to extend east till each have two hundred acres-excluding the north half-mile, which belongs to a particular number of themselves-not intruding on any farin laid out by the town's order. It must be considered that each farm is to be laid out in regular form, and not to extend east further than the centre line north and south. At the said meeting, the proprietors agree to draw for a choice, and after they have laid out one hundred acres to each, then the last one to begin, and so on."
The following forty-five persons gave bonds, drew lots and were admitted proprietors of Ashford :-
John Follet. Nathaniel Walker.
John Chapman.
Caleb Jackson.
John Mixer.
John Follet, 2d.
James Fuller.
Isaac Magoon.
Philip Eastman.
Joshua Kendall.
Nehemiah Watkins.
Jacob Ward.
Nathaniel Abbot.
Philip Squier.
Daniel Fuller.
Joshua Beckman.
E. Orcutt.
Widow Dimick.
Isaac Farrar.
Nathaniel Fuller.
Jeremiah Allen.
Nath. Gary.
Jacob Parker.
William Farnum.
Thomas Corbin.
William Price.
William Watkins.
Peter Aldrich.
Obadiah Abbe.
Thomas Tiffany, 2d.
William Ward, Sen.
Josiah Bugbee.
James Tiffany.
Thomas Tiffany.
Benjamin Miller.
Joseph Cook.
William Ward, Jun.
William Fisk.
Matthew Fuller.
Isaac Kendall.
Joseph Ross. John Perry.
John Pitts. William Price, 2d.
Antony Goffe.
A small number of these proprietors were residents of Windham and Pomfret, the remainder were then residents of Ashford. In this assumption and division of territory, the town, though acting solely in its own name and authority, undoubtedly received the sanction of the committee appointed to advise and assist them.
While the land settlement was in progress, other public improve- ments were initiated. With land at command, minister's and meeting- house were attainable. December 31, 1716, it was voted, "That the town will forthwith go to work to build Mr. Hale's house, cut the timber and draw and hew it." Its "great room," when completed, probably was used for the place of public worship till the meeting- house was ready. Forty shillings in money was next allowed for building a pound, and five shillings more for lock, staples and fastenings. November 15, 1717, voted, "That the town will raise money, some way or other, to build the meeting-house." The way
224
HISTORY OF WINDHAM COUNTY.
devised was by a tax on each admitted proprietor-the town refusing to appropriate the money paid over for that purpose by the claimants." January 1, 1718, voted, "That the meeting-house be set upon the Pine Hill, and that the town will go about building it forthwith." This site was in the northern part of New Scituate, near the centre of the town, and is still occupied by the Congregational church of Ashford. April 21, the town agreed, "To raise the meeting-house with their own ' strength, and for every man to provide for himself at the raising-five shillings fine to be laid upon each man that neglects to assist in raising the same, upon three days' warning given by Carpenter Abbot." The committee with the two carpenters, were directed, " to pitch the most convenient place to set the meeting house adjoining or near the place the committee appointed." The house was promptly raised and covered, and made ready for occupation in the autumn. Mr. Hale was allowed the first choice of the room left for pews for a pew for Mrs. Hale and his family. In October, it was voted, "To ordain Mr. Hale as pastor over the church and the minister of this town some time this fall." Upon application made to the Assembly by John Mixer, in behalf of the town of Ashford, leave was granted, to gather a church and ordain an orthodox minister amongst them, and on November 26, 1718, says the record, "set down by one James Hale" :-
" We were formed a church in this town of Ashford, a number of us, and I was ordained to the pastoral office by the imposition of ye hands of the Rev. Josiah Dwight, Mr. Samuel Whiting and Joseph Meachem of Coventry. The covenant was signed before the reverand elders and worthy messengers at the house of Mr. Hale, before the ordination services, by the brethren coalescing in church state, i. e. James Hale, John Mixer, William Ward, Joseph Green, Isaac Magoon, Matthew Thompson, William Chapman, Benja- min Russel, Daniel Fuller, Isaac Kendall, John Pitts, Nathaniel Fuller and John Perry. Nath. Fuller ye same day was baptized by Mr. Whiting."
A church meeting was held, December 9, at which "several sisters were received in the Lord-as becometh saints,"-by letters from other churches, i. e. Sarah Hale, Abigail Mixer, Judith Ward, Mary Fuller, ~ Mary Russel, Elizabeth Squier, Mary Fuller, Mrs. William Chapman and the Widow Dimick." December 21, Elinor Kendall and Sarah Bugbee were also received. John Mixer and Isaac Kendall were chosen at first " to serve ye Lord's table in order to be proved for the deacon's office," but the church apparently concluded that one deacon would be sufficient; Isaac Kendall "resigned up his interest in ye vote, and the vote was confirmed for our loving brother Mixer as serving on probation for the office of deacon."
That the several claimants of Ashford land should resign their pur- chases without a struggle was not to be expected, and before the church was organized, Messrs. Chandler and Cushing, in behalf of themselves
225
LAND CONTROVERSY. CHURCH FORMED.
and others, had appealed to the General Assembly, May 8, 1718, showing :-
" 1. That they have bought land in 1707, of Major Fitch, and had settled several families there, a very worthy minister of the gospel was settled there and a meeting-house building, that they had recorded deeds of purchase in 1714, paid £96 for taxes for pious uses, and now prayed for confirmation and patent.
2. That in Sept., 1707, they came to address the Court for one, but were discouraged by particular gentlemen, and thenceforward expected their only remedy in Major Fitch, and afterwards, in 1712 or '13, were cited before the Court, and concluded to record their deeds. Things so standing, a number of persons that we had brought onto the place and three or four that had intruded, denied our claims and disturbed the peaceable settlement, and, therefore, we ask confirmation; think there is no need of citing the inhabit- ants, which would but raise a popular clamor against us, and pray for a committee of wise, faithful and judicious persons."
No immediate answer was granted to this petition. In the following May, the inhabitants of Ashford, conscious that their " free manner of settling " lacked the direct authority of the Government, thus told their story :-
" May 14, 1719. It becomes us to be thankful to Almighty God for his good- ness in granting us the gospel, aud to acknowledge the favor of this Gen. Court in setting us at first in a way so that we might have a minister, and more lately of giving us liberty to gather a church among us; upon which we have a church gathered and minister ordained, and return hearty thanks to the Hon. Court for this favor. We have the enjoyment of the gospel to our great satisfaction, particularly through the religious Constitution of the Colony, even as to the manner and measure of enjoying; notwithstanding, we are like the Children of Israel in the wilderness as to earthly possessions, and we hope it may be reckoned not alien from a Christian spirit that we desire to be settled, as Israel was at last, in good outward circumstances, and how- soever we may plead for the free manner of settling our town from the unexceptionable just way, used in the first time of New England-yet we need go no higher than our first grant, if we may be settled according to the true and just and righteous intent thereof, which we earnestly desire. We think we do well to choose such a free state of settling as the providence of God allows us at one time and another, rather than to shut the door of our own liberties against the same, and therefore we hope it may be well taken by the - Court that our meeting-house has been built by money received from lands, without making use of the claimers' money, and, whereas, we have had our town more perfectly surveyed by Col. Matthew Allen, we desire the whole of the contents he hath surveyed to us may be confirmed and a patent also for all said lands-(except Mr. Stoddard's)-given to us; had rather give a reasona- ble sum of money to the Treasury-e. g., 100 pounds, and fifty more within one year and a half-than to part with our lands."
The General Court having heard and considered the memorials of both parties, decided that the time had come for a final settlement of the affairs of the town, and appointed a committee to repair to Ash- ford, view the land and determine the matter in dispute, with liberty of appeal to the following session of the Court if in anything it should appear that the committee dealt too hardly either with the claimants or inhabitants.
29
226
HISTORY OF WINDHAM COUNTY.
XXXIII.
LAND SETTLEMENTS. VARIOUS IMPROVEMENTS. UNHAPPY ACCIDENT.
KINHE committee appointed by the General Court-James Wads- worth, Esq., Mr. John Hooker, Captain John Hall and Mr. Hezekiah Brainerd- met in Ashford, September 9, 1719. It was a meeting of great interest and importance to both claimants and inhabitants, involving the title to large landed estates and the home- steads of nearly forty families. Many prominent gentlemen were present-Captain Chandler, Captain Cushing and James Corbin, in behalf of themselves and their partners ; Captain John Fitch of Wind- ham, and Captain Thomas Huntington of Mansfield, in behalf of their respective townships. John Mixer, William Ward, John Perry, Philip Eastman and Nathaniel Fuller appeared as agents for the town of Ashford. The little settlement was all aglow with interest and excitement.
The first two days of the session were given to examining the claims of Captains Fitch and Huntington, who insisted that Ashford had encroached upon the territory conveyed by Joshua's Will to Windham and Mansfield. Friday, N, the committee dismissed the whole matter in question, on the ground :-
"1. That the claim was directly against other claimants, and doubted, there- fore, if it was properly in order.
2. That when Windham-then including Mansfield-took out their patent, they did not claim that now claimed, but rather chose land on the other side.
3. That she had complied with the Court's act, injoining all persons having rights of land to pay twenty shillings per hundred acres for the support of the ministry."
The committee next proceeded to hear the several pleas of the Ashford settlers, who had bought or taken up land in either New Scituate or Corbin's tract, but were interrupted in their investigations by propositions to compromise. Messrs. Chandler, Cushing and Clapp, as agents for the New Scituate claimants, tendered unto the inhabitants the following terms, viz. :----
" That all the persons entered in the list of proprietors should hold their land in such quantity and allotments as already laid out, providing :-
1. That all and every of said persons should within one year from date pay unto said claimants or their order in the town of Woodstock, three pounds pr hundred, for each and every hundred acres taken up or sold as aforesaid in said Scituate upon the forfeiture and losing all right to any such land, only it is to be understood that what sales had been before made by said claimers should be sufficient for such persons so purchasing of the claimants to pay such sums agreed upon to be the consideration of such purchase and no more for such lands, and shall not be obliged to pay said three pounds per hundred
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