USA > Connecticut > Windham County > History of Windham County, Connecticut. Volume I, 1600-1760 > Part 57
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" That we have a just right to the privileges and liberties of that Govern- ment, the agreement of 1713 notwithstanding-which we can in no measure apprehend to be sufficient to disfranchise and cut us off from our aforesaid privileges without the royal order or confirmation. Wherefore as we humbly conceive it to be our right to be and belong to this Government and that it would be no ways inconsistent with the common interest of this Government, we humbly pray you to declare in favor of our rights in this matter, and to receive as under the laws and privileges of this Government. Oct., 1747."
Connecticut delaying to declare in their favor, and Massachusetts curtly resolving, " That this Court will not appoint commissioners in behalf of the Province," the persistent committee renewed and repeated their motion, most earnestly entreating the Honorable Assembly :-
" To declare in favor of our rights (which we by no means give up) in the matter aforesaid and receive us under protection . by incorporating the aforesaid plantations into towns, according to the charter constitution of this Government, or otherwise grant relief in the premises as your Honors in your great wisdom and goodness shall think fit speedily to effect the same, that so your Honors' memorialists may not have any farther cause of uneasi- ness or complaint on said offence.
May 12, 1748.
THOMAS CHANDLER. HENRY BOWEN. JOSEPHI LEAVETT."
The gentlemen previously appointed were continued as commissioners to meet and settle this affair, and reported in favor of the memorialists. Ample evidence had been adduced to prove that the Indented towns were in truth and fact south of Massachusetts' lawful southern bounda- ry line. Her title was based solely upon the agreement of 1713,
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which had never received royal confirmation. The question was brought before the Assembly, May, 1749, and seriously considered. To set aside a formal compact and agreement with a sister colony was a very grave matter and might involve them in serious difficulty. Con- necticut had hitherto stood squarely by her unequal bargain and faith- fully resisted the frantic efforts of Killingly to gain possession of parts of her lawful territory confirmed by it to non-resident owners-but now, when four important towns strenuously asserted their right to her jurisdiction, she wavered. For the territory thus given up, she had received an insufficient equivalent ; for the jurisdiction, no equivalent whatever. After mature deliberation, she thus decided :-
" That the agreement was made through mistake and that the Government received no equivalent for the jurisdiction over those towns, and that as the same was partly executory it was never fully completed and carried into execution, nor was it ever established by the royal confirmation, and there- fore, although it was approved by the respective General Assemblies of both Governments-yet, as to jurisdiction more especially, it must be looked upon as null and void. Whereupon this Assembly is of opinion, that as it never has, so it never ought to receive the royal confirmation and that as the Government could not give up, or exchange, or alter their jurisdiction, so the said agreement, so far as it respects jurisdiction, is void, and thereupon this Assembly do declare, that all the said inhabitants which lie south of the line fixed by the Massachusetts Charter are within and have right to the privileges of this Government, the aforesaid agreement notwithstanding-and if it is necessary that measures be taken to ascertain about the line, Jonathan Trum- bull, Jolin Bulkley, Elislia Williams and Joseph Fowler are appointed to join with commissioners that may be appointed by Massachusetts to ascertain and affix line according to charters, and in case Massachusetts refuses, to prepare and state the case and send it to our agent in Great Britain and direct him to petition his Majesty to appoint commissioners to run and ascertain the division line."
The inhabitants of Woodstock were greatly elated at the success of their efforts, and hastened to organize as a Connecticut township. Justice James Bicknell of Ashford, at the request of Henry Bowen and others, issued a warrant warning "the inhabitants of Woodstock in the county of Windham " to meet for the choice of proper town officers, of which they were destitute. This " notable meeting " was held in the " first meeting house," on Woodstock Hill, at ten A. M., Friday, July 28, 1749, O. S. Residents from all parts of Woodstock were present and many from neighboring towns. The venerable Joseph Leavens of Killingly, an honored son of Woodstock, called the meeting to order-but before entering upon business, a protest was pre- sented. Amid the general exultation, there were still some who clung to the old Bay Colony. The Paysons, who had fought so bravely for the Province, Samuel Chandler and other sons of first settlers, and Zebulon Dodge, who had recently removed from Massachusetts-thus expressed their sentiments :-
" To the inhabitants of the town of Woodstock, this day assembled in town- meeting by virtue of a warrant from James Bicknell, Esq., a justice of the peace for the county of Windham in the Colony of Connecticut, in order to
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choose town officers agreeable to the laws of that Colony. We, the inhabit- ants and freeholders in said town, apprehending that said meeting is wholly unlawful and has a tendency to stir up the greatest confusion and utmost dis- order if not Rebellion, as at present we are not able to set off to that Colony -- although some attempts have been made in order to said town being under the jurisdiction of Connecticut-and as we were originally settled by the Govern- ment of Massachusetts Bay and have always hitherto been supported and de- fended by them, and as in the month of March last, agreeable to the laws of the Province, all town officers were chosen as in fact. For these reasons and many others that may be given, we can't but protest, and we do, hereby, for ourselves absolutely protest against all your proceedings by virtue of said warrant, and by virtue of any other warrant that may be obtained from any authority of that Colony for that purpose until the affair be settled by those respective Governments, or by some proper, lawful and superior authority.
Samuel Chandler. John Payson. John Frizzell.
Joseph Wright. Nathan Payson.
Jonathan Payson.
Zebulon Dodge. Asa Payson. Josephi Griggs."
This paper being read and somewhat discussed, it was then put to vote by the moderator, " Whether they would take any further notice of said paper," and it passed in the negative. John May was then chosen moderator; Henry Bowen, town-clerk and first selectman; Isaac Johnson, second ; Jabez Lyon, third ; Abraham Perrin, fourth ; John May, fifth ; Andrew Durkee and Ebenezer Paine, constables ; Benjamin Bugbee and Samuel Child, grand-jurors, and all were sworn into office by Justice Leavens. It was then proposed that a number of suitable persons should take the freeman's oath agreeably to the laws of the Colony, whereupon the selectmen approved and recommended William and Daniel Lyon, John Morse, Ephraim and Benjamin Child, Henry Bowen, Thomas Chandler, Daniel Paine and Nathaniel Johnson-unto whom the oath was administered by Ebenezer Holbrook of Pomfret. At the following town-meeting seventy-four freemen* were admitted, and Thomas Chandler and Henry Bowen chosen representatives to the General Assembly of Connecticut. After sixty-three years' subjection to the Government of Massachusetts, Woodstock had thus triumphantly effected her own secession. No longer an appended indentation, but an integral part of her rightful Commonwealth, she was now organized under Connecticut laws and formally enrolled among Wind- ham County townships.
Massachusetts was. by no means disposed to submit to this loss
* FREEMEN ADMITTED .- John May, Isaac Johnson, Abraham Perrin, Caleb Lyon, Edward Mor- ris, John Child, Jun., Benjamin Bugbee, Thomas Gould, William Child, Nehemiah May, Benjamin Roth, Joseph Chaffee, Jun., Ebenezer Smith, Samuel Child, Thomas Child, Daniel Child, Joseph Marcy, David Holmes, Jacob Lyon, William Chapman, John Peake, Jonathan Hammond, John Chamberlain, Pennel Bowen, Isaac Williams, David Bishop, Edward Ainsworth, Jacob Child, Joseph Peake, Andrew Durkee, Ebenezer Paine, Ephraim Manning, Timothy Hide, Thomas Bacon, Jun., Samuel Davis, Nathan Abbott, John Hutchins, Benjamin Frizzel, Thomas Fox, Josephi WII- liams, Nath. Johnson, Ephraim Child, Jun., Silas Bowen, Ebenezer Phillips, Joseph Chaffee, Ebene- zer Corbin, Henry Child, Nehemiah Lyon, Stephen May, Ebenezer Smith, Benjamin Child, Jun., John Chaffee, Jun., John Goodell, Joseph Wright, Jun., Nath. Sanger, Jun., Richard Flynn, Amos Morse, Caleb May, Ezra Perrin, John Coates, Jededialı Morse, Zechariah Richardson, JJoshua May, Nath. Child, Thomas Ormsbee, Josepli Abbott, Jesse Bngbee, John Bishop, Jacob Mascraft, James Ledwith, Ephraim Hutchins, Samuel llarding, James Chaffee, James Marcy.
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without a struggle. As soon as the disorderly, tumultuous proceedings in Woodstock and its refusal to submit to the jurisdictory power of the Province, were represented to its Government, a committee was appointed to take this affair under due consideration, and a spirited remonstrance forwarded to the Governor of Connecticut :-
"Respecting the inhabitants of Woodstock assembling togetlier under pre- tence of a warrant from James Bicknell and choosing town officers under Con- necticut law. Leavens, Holbrook and Bicknell, justices of Conn. there present exercised power unwarrantably. Report these extraordinary proceedings to you that you may have an opportunity of showing disapprobation, which may be the means of said inhabitants returning to their duty, and may prevent those great evils which must arise from a controverted jurisdiction and a con- fused exercise of the executive power of the two Governments. The Legis- lature of the Province is determined to encourage and support all proper officers in the regular use of their power over the inhabitants in Woodstock, and take such measures as shall compel them to their duty and preserve them in subjection and obedience to the laws and authority of this Government.
By order of Assembly. T. WILLARD, Secretary. Aug. 7, 1749."
Undismayed by threats of coercion and violence, Governor Law in reply :-
"Entreats them to forbear any forcible attempts on that people who came from your Government, as did the biggest part of our northeast inhabitants, whose transplantation may not have altered the suddenness and resolution of their natural temper and disposition, whence I am fearful of the ill conse- quences of any sudden and forcible attempts, which I hope your Honors will prudently stay till a better understanding may be had. Our justices' authority is limited to the county for which they are appointed, and Woodstock was never admitted to any of our counties, and if they do anything under color of our authority, when they have none, they must be responsible for their mis- deeds.
As to the case itself, it seems plain to me, by the agreement of 1713, that the town of Woodstock which you granted was understood to be out of your bounds, seeing you granted an equivalent of land in your Government in ex- change for it-but how this Government could give you an authority to govern any people out of your charter, though within ours, is difficult for me to conceive of. Yet so long as the people were easy and did submit to your Government and ours made no demand on them. it was well enough.
As for your Government being always in the right, it looks to me rather that Mr. Tomlinson's charge upon you in his plea, That you were an over- grown Province and imposed on your neighbors, might have too much truth in it.
Notwithstanding, if Woodstock were content to remain in your Government who granted them their land, and purchased it for them when you found you had no right to grant it-I should be under no temptation to covet an enlarge- ment of this by their being placed where God and the King had fixed the bounds of their habitation.
I remain your obedient humble servant, JONATHAN LAW. To T. Willard, Sec."
Indignant that Governor Law should " be pleased to express himself in language better fitted to increase than repair the breach," Massa- chusetts took immediate measures to compel the revolted inhabitants to their duty and preserve them in subjection. Shortcomings in sup- porting schools had hitherto received indulgence, but now Woodstock was presented before the grand jurors of Worcester County "for having more than a hundred families and not supporting a grammar
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school," and summoned by warrant to account for her remissness, but its authority was openly "contemned." A writ served by Ben- jamin Flagg, sheriff of Worcester County, occasioned a more serious collision. Constable Durkee apprehending that Flagg had no right to execute his writ in a Connecticut township, ordered a number of citizens assembled in Joseph Wright's public-house to assist him in releasing the prisoner, Seth Hodges, from the hands of the Massa- chusetts sheriff, " which they did in as peaceable and easy manner as they could." Notwithstanding their care, they were summoned before the grand jurors of Worcester County, "for committing a riot," and forced to pay heavily for lawyer's fees and traveling charges, which were considerately "allowed them" by the Connecticut Government. Flagg, himself, was arrested on complaint of Hodges-" that he did lay violent hands on him and in a turbulent manner draw him out of doors and hauled him into the street "-and being convicted by Justice Leavens, appealed to the Court of Windham County, which decided, "That the town of Woodstock was not within the jurisdiction of the Province of Massachusetts Bay, which said Flagg had alleged, and finds for the plaintiff." Other attempts of Massachusetts to exercise her wonted authority were equally unsuccessful; tax bills were quietly ignored ; proclamations of Fast and Thanksgiving unheeded, and in a few months the new regime was fully established. A farther petition, at the September town-meeting, presented by thir- teen persons, "absolutely protesting against all your proceedings that are agreeable to the tenor of a warning from the authority of Con- necticut, inasmuch as we are not yet set off to that Colony "-re- ceived no notice. The protesting thirteen, forced to submit to the will of the majority, consoled themselves by disparaging criticisms upon the management of public affairs, and thus the Woodstock revo- lution was accomplished without bloodshed, and with less disturb- ance and violence than might have been expected from the "sud- denness and resolution " attributed to its inhabitants.
The difference between the Governments claiming the town was less easily adjusted. Massachusetts, who for several causes "did not act in the matter with her usual spirit," sulkily refused all attempts at settlement. Commissioners from both Colonies met in Springfield, April, 1750, but could not even agree upon terms of negotiation. The Connecticut commissioners were empowered to run the line; those from Massachusetts were not thus empowered. Connecticut would only agree to settle the dividing line according to their respective charters, and then a joint application for his Majesty's confirmation; upon which reasonable requirement, says Governor Law-" our Northern gentlemen wrote a Ne plus Ultra." Failing in all attempts at settlement, both
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Governments prepared to appeal to the Crown. The Massachusetts Assembly ordered, " That Thomas Fitch be appointed to state the case and prepare evidence relating to the dividend line, that the same may be sent to our agent in Great Britain." This agent, William Bullen, was also directed "To make humble representation to his Majesty against Connecticut for departing from agreement, and pray his Majesty's orders." Rhode Island, whose northern boundary line was also unsettled, now suggested to Connecticut " that they might reci- procally assist each other," and these two Colonies agreed to prosecute the case together, Connecticut paying expenses abroad. A committee was appointed to collect evidence, which reported, " that the dividend line was wrong from the outset ; that the point selected by Woodward and Saffery for the head of Charles River was four miles south of the true head, and the stake on Wrentham Plain seven miles south of the most southerly part of Charles River, instead of three as prescribed by Massachusetts charter. This statement and other facts relating to the case were embodied in a petition and sent by the Colonies to their agents in England in 1753. Massachusetts, thereupon, ordered Thomas Chandler, Esq., "To prepare a survey and plan of the line, and forward the same to Mr. Bullen, as quick as the same can be conveniently done." Connecticut, in 1755, finding the matter still unsettled, appointed Roger Wolcott, Daniel Edwards and Thomas Chandler, a committee, "to prepare a survey and plan of the line run by the commissioners in 1713, of the indented towns, with proper evidences to show the mind and desire of said town to enjoy the privileges of this Government ever since the running said line, and prepare an answer to Mr. Bullen's petition, and convey the same to the Governor for his correction, by him to be forwarded to our agent at Great Britain [Dr. Benjamin Avery], as quick as the same can conveniently be done." Yet, with all their haste and pains, there is no evidence that the case was ever brought before the supreme authority. Hutch- inson says, "That Bullen was ordered to exhibit complaint to the Crown, but by an unaccountable neglect it was never brought to a hearing." Trumbull affirms, "That Connecticut succeeded in main- taining its claims to jurisdiction,"-that is to say, Massachusetts did not succeed in securing her ejection. That the former Colony would have succeeded in maintaining her claim had she obtained a hearing is some- what doubtful. The attorney-general, afterwards Lord Mansfield, when asked by Dr. Avery, " Whether the agreement respecting their common boundary line, made by Connecticut and Massachusetts in 1713, could be set aside by a committee appointed by the Crown"-replied :-
" I am of opinion that in settling the above bound, the Crown will not dis- turb the settlement of the two Provinces in 1713. I apprehend her Majesty
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will confirm the agreement, which of itself is not binding on the Crown, but neither Province should be suffered to litigate such an amicable compromise of doubtful boundaries."
Probably had Lord Mansfield examined the evidence more closely, he would have seen that the boundary in question, so far from being doubtful, was admitted by Massachusetts herself to be erroneous and untenable. The prosecution of the French and Indian War and other weighty public matters, however, wholly absorbed the attention and energies of the Government, and made it impossible to gain a decision, so that Connecticut was able to retain her assumed jurisdiction. Massachusetts, in 1755, appointed another committee "to undertake the affair of the four towns which have withdrawn from this Govern- ment and put themselves under jurisdiction of Connecticut," but nothing was effected.
Connecticut's share in this transaction has been very severely cen- sured by Massachusetts historians. Her plea, that the inhabitants of Woodstock had an inalienable right to her jurisdiction by charter, which acts of Legislature could not take from them, nor acts of inhabit- ants of 1713 take from those of 1749, is pronounced by Hutchinson a " feeble pretence." "The settlement of 1713 was a matter of public notoriety, though not presented to the King in form. Accounts of it were transmitted with records to Lords and Commons, and being tacitly acquiesced in, may be properly said to have received implied approbation,"-and he adds, " That it would at least have been decent in Connecticut to offer to return the equivalent she had received." Dr. Palfrey pronounces the transaction " as little creditable as any in Con- necticut." Her Government made the most of the fact that the agreement of 1713 had received no royal sanction, and though Massa- chusetts, "naturally disinclined to lose the fruits of a bargain into which, at best, she had in a measure been coerced," refused her consent to the transfer of the Indented Towns, "Connecticut got the towns" and " kept the property which Massachusetts had paid to quiet the claim."
It must be admitted that Connecticut's conduct was not much to her credit. She ought never to have yielded an inch of this chartered territory, but maintained her own line and rights in spite of obstacles and opposi- tion-especially to receive as equivalent, distant, wilderness land, which only brought her six farthings an acre. Consenting to a " bad bar- gain," she was bound in honor and good faith to abide by it. There is this to be said in her justification, that she long resisted every tempta- tion ; that she refused to take the land south of Woodward's and Saf- ery's line, unjustly appropriated by Massachusetts proprietors, and paid Kllingly an equivalent of good land in accessible neighborhoods; that
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she never in any manner tampered with the Indented towns, nor made the least attempt to win them to her allegiance. That any other Govern- ment would have had the superhuman self denial and magnanimity to refuse to receive its own chartered territory when thrust into its hands by its lawful inhabitants and proprietors-is certainly very doubtful. However this may be, Connecticut yielded ; fell back on her chartered rights and away from her agreement. Discreditable as was her con- duct, it was perhaps no worse than her neighbor's-seizing a tract of land beyond her charter limits; refusing for seventy years even to consider the question of restitution ; and when " coerced " at last, making but a shabby equivalent for such portions as she declined to relinquish. As for returning this equivalent, quite probably Connecti- cut would have offered it-had Massachusetts been cool enough to listen to conciliatory propositions.
The historian of Worcester County treats the matter with more can- dor and philosophy. Admitting that the Indented towns were clearly within Connecticut patent, he questions if they did fairly in revolting after all the pains and expense lavished upon them by Massachusetts, but consoles himself by the consideration, that, " be that as it may, by this revolt the line between the Colonies became a straight line"- a result which might have brought some balm to Massachusetts, had maps been more common in its Indentation period.
MASSACHUSETTS' SOUTHERN BOUNDARY LINE FROM 1713 TO 1715.
ENFIELD
SOMERS
WOODSTOCK
II.
VARIOUS TOWN MATTERS. CONTROVERSY WITH MR. STILES. CHURCH DIVISION.
THE first care of Woodstock after effecting her change of govern- ment was to order three new Connecticut law-books, that so her town affairs might be legally established and administered. New town- books were also procured and land-deeds duly recorded in them. A
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meeting of the proprietors of the south half was held early in 1750, and measures again instituted for separating the town and proprietors' records, inconveniently " mixed " together. With other northern Windham County towns, Woodstock was now included in Plainfield Probate District, but as this was little more accessible than that of Worcester, complaint was made, and in 1752, a new district was formed comprising the towns of Woodstock, Pomfret, Ashford, Killingly, Mortlake and Union. Penuel Bowen was appointed clerk of this court, and kept its records in his dwelling-house on Woodstock Hill, so that both land and probate records were now within its own borders. Law-suits, to which Woodstock people were greatly addicted, were now transferred to the courts of Windham County. Penuel Bowen. Jonathan Payson, Samuel Bugbee and Joseph Heywood were licensed by Court in February, 1750, to keep houses of public enter- tainment. These arrangements being settled, town affairs required little legislation for several years. A special act in 1753, allowed swine " to run at large the year ensuing, being yoked, one week from the fifth day of April next until the last day of October next, as fol- lows, viz .: the yoke to be once the length of the neck above, and half so long below, and the centre piece of the yoke to be three times in length, three times the thickness of the neck, and well ringed in the nose all the year." Attempts were made by both sections to secure a final settlement of their land. Thomas Chandler was commissioned by the south proprietors " to search for common land, and make report where it lies, how much, and what value." After two years' search, some land was found and sold, and the commission continued indefi- nitely. A meeting of the proprietors of the north half was held in the school-house, March 16, 1756. Captain John May was chosen modera- tor and clerk, and it was voted :-
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