USA > Connecticut > New Haven County > New Haven > History of the colony of New Haven to its absorption into Connecticut > Part 28
USA > Connecticut > New Haven County > New Haven > History of the colony of New Haven to its absorption into Connecticut > Part 28
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HISTORY OF NEW HAVEN COLONY.
The colonial government, for ten years after its estab- lishment, experienced no greater trials than the petty injuries and insults from the Dutch already mentioned in the chapters on industrial pursuits and military affairs. But in 1653, England and Holland being at war, the Dutch at Manhattan evinced greater hostility than usual against their English neighbors. It was believed throughout the colonies of Connecticut and New Haven that they had plotted to form a general conspiracy of Indians to massacre the English. Trum- bull, who lived a century later, seems to have had entire confidence in the testimony. He says, "Nine sachems, who lived in the vicinity of the Dutch, sent their united testimony to 'Stamford 'that the Dutch governor had solicited them, by promising them guns, powder, swords, wampum, coats, and waistcoats, to cut off the English.' The messengers who were sent declared 'that they were as the mouth of the nine sagamores, who all spake they would not lie.' One of the nine sachems after- ward came to Stamford with other Indians, and testi- fied the same. The plot was confessed by a Wampeag and a Narraganset Indian, and was confirmed by Indian testimonies from all quarters. It was expected that a Dutch fleet would arrive, and that the Dutch and Indians would unite in the destruction of the English plantations. It was rumored that the time for the massacre was fixed upon the day of the public election, when the freemen would be generally from home."
Connecticut and New Haven were naturally much alarmed, and became clamorous for war. The commis- sioners, after investigation, declared war by a vote of seven to one. Mr. Bradstreet of Massachusetts voted
7
HISTORY OF THE COLONIAL GOVERNMENT. 389
against the declaration, and the General Court of that jurisdiction, being then in session, certified the com- missioners that "they did not understand they were called to make a present war against the Dutch." This action of the General Court expressed the gen- eral sentiment of its constituency. Less irritated against the Dutch on account of previous injuries, and less exposed to present danger, the people of Massa- chusetts were less ready to believe that war was im- peratively necessary and unquestionably just.
Not content with the communication they had made, the General Court of Massachusetts proceeded to put on record a declaration that the commissioners had no power by the Articles of Agreement to determine the justice of an offensive or vindictive war and to en- gage the colonies therein. This declaration gave great offence to the other colonies, particularly to Connecti- cut and New Haven, where the spirit of war was most rife : -
"At a general court held at New Haven for the jurisdiction the 29th of June, 1653, the governor acquainted the Court with what was done at the commission last at Boston, concerning the war propounded against the Dutch, and particularly with an in- terpretation of the General Court of the Massachusetts of the Articles of Confederation, wherein they declare that the commis- sioners have not power to act so far in matters of that nature as to make an offensive war. These writings were read; and the interpretation was much disliked by the Court, knowing that if it stood, the combination of the colonies must be broken, or made useless.
" The governor also acquainted the Court with a late conference which himself, Capt. Astwood, and Mr. Leete have had with the magistrates and General Court of Connecticut jurisdiction, and that they have agreed to send the mind of both the General Courts
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to the Massachusetts concerning that interpretation (that from this colony the Court desired the governor to draw up, which is here- after entered), and also again to desire aid and assistance from them in this undertaking against the Dutch, according as the commissioners had agreed, that is, five hundred men from all the colonies, with suitable provisions for such a design; but if that be not yielded, that then they would give leave that we use some means whereby volunteers may be procured out of their colony, with shipping, victuals, and ammunition, fit for that ser- vice. And the better to further and accomplish it, it is agreed that four persons shall be sent as agents or commissioners from the two general courts; that is, two from Connecticut and two from hence. Wherefore the Court did now choose and appoint Mr. William Leete, one of the magistrates of this jurisdiction, and Mr. Thomas Jordan, one of the deputies for the General Court for Guilford, for this service, who are to have commission and instructions from this Court to authorize and direct them to act and negotiate in this business, and to give the commissioners a call to sit here at New Haven the first or second Thursday in August next, which answer to the Massachusetts declaration, and the commissions and instructions are as followeth : -
" The Answer of this General Court to the Massachusetts Declaration.
"Upon information of a question propounded by the honored General Court of the Massachusetts concerning the power of the commissioners to determine the justice of an offensive war and the answer of the committee thereto, this Court hath con- sidered and compared the Articles of Confederation and the inter- pretation together, and desire they may, without offence, express their thoughts and apprehensions in the case.
"The confederation betwixt the colonies was no rash and sudden engagement ; it had been several years under considera- tion. In anno 1638 there was a meeting at Cambridge about it, but some things being then propounded inconvenient for the lesser colonies, that conference ended without fruit, and the four juris- dictions, though knit together in affections, stood, in reference one to another, loose and free from any express covenant or combina-
اجيوجرا جوب ينيك الار يديـ
HISTORY OF THE COLONIAL GOVERNMENT. 391
tion, till, upon a new invitation and propositions from the Massa- chusetts, another meeting was appointed at Boston, in May, 1643 ; so that magistrates, deputies, and freemen, especially those of the Massachusetts, had about five years' time to consider what they were about, the compass and consequences of such a consociation, and probably did improve it, and saw cause to renew the treaty so long suspended.
"2. After a large and serious debate of the committee chosen and empowered by the several jurisdictions (the General Court for the Massachusetts, then sitting at Boston, and being acquainted, and from time to time advised with, concerning all and every article treated of), the 19th of May, 1643, a firm agreement was made and concluded, wherein the other jurisdictions, by their deputies, the Massachusetts, both by their deputies, and by the General Court, considering that we were all of one nation and religion, and all of us came into these parts of America with one and the same end and aim, and could it have been done with conveniency, had com- municated in one government and jurisdiction, thought it their bounden duty, without further delay, to enter into such a present consociation as whereby the four jurisdictions might be, and con- tinue, one, according to the tenor and true meaning of the Articles of Agreement ; and that thenceforth they all be, and be called by the name of, the United Colonies of New England.
"3. Though all the plantations which already are, or hereafter may be, duly settled within the limits of each of these four colo- nies, are to be, and forever to remain, under the government of the same, and each colony to have peculiar jurisdiction within itself as an entire body, as expressed in the third and sixth articles, yet till now that was never understood to cross or abate the power of the commissioners in things proper to the confederation. The colonies uniting did, for themselves and their posterities, enter into a perpetual league of friendship and amity, for offence and defence, mutual advice and succor, upon all just occasions for the joint safety and welfare, as in the second article. The charge of all just wars, whether offensive or defensive. to be borne by the four colonies in their several proportions ; and the advantage of all such wars (if God give a blessing) to be accord- ingly divided, as in the fourth article; and for the managing and
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HISTORY OF NEW HAVEN COLONY.
concluding all such affairs, by express agreement, eight commis- sioners are to be chosen (all in church fellowship, and all to bring full power from their several general courts), namely, two by and out of each colony, to hear and examine, weigh and determine, all affairs of war and peace, leagues, aids, charges, and numbers of men for war, division of spoils, or whatever is gotten by conquest, receiving of more confederates or plantations into combination with any of these confederates, and all things of like nature which are the proper concomitants or consequents of such a confedera- tion for amity, offence, or defence; and if these eight commis- sioners, when they meet, agree not, any six of them agreeing have power to settle and determine the business in question ; but if six do not agree, then such propositions, with their reasons, to be sent and referred to the four general courts, as in the sixth article. They were also to endeavor to frame and establish agreements and orders in general cases of a civil nature, wherein the planta- tions are interested, for preserving peace among themselves, and preventing (as much as may be) all occasions of war or differences with others, as about the speedy passage of justice in each juris- diction to all the confederates equally as to their own, as more largely appears in the eighth article, so that certainly, and without question, these four colonies have, by a perpetual covenant, invested the commissioners with power suiting such a confederation, and without it the combination must either break or prove useless.
"4. As questions and scruples may arise and grow about the justice of an offensive war, so conscience may be exercised in a defensive war, and concerning leagues and aids. Jehoshaphat, the king of Judah, sinned, and was rebuked by two prophets, Jehu and Eliezer, for joining with and helping Ahab and Ahaziah, kings of Israel. If, therefore, the General Court for the Massachusetts do `now conceive and interpret that the power given to the commis- sioners (men of the same nation, of the same religion, members of approved churches, who came into these parts for the same ends and spiritual aims, and who had communicated in one and the same government and jurisdiction, had not distance of place hindered) in an offensive war is a contradiction and absurdity in policy, a scandal to religion, a violation of fundamental law, a bondage, and prostituting itself to strangers, and so forth, they may, at their
HISTORY OF THE COLONIAL GOVERNMENT. 393
next meeting, upon the same or like grounds conclude against leagues, aids, a defensive war, and other parts of trust and power wherewith the commissioners by the articles are invested, and the three other colonies or the general court for any one of them may do the like ; but we fear in so doing we shall draw guilt upon our- selves in violating a perpetual league, so deliberately and firmly made, be covenant-breakers, and provoke God against us.
"5. It may be considered when a just war in ordinary cases may be called offensive or vindictive. When God gave the land of Canaan, their cities, vineyards, and so forth, to the children of Israel, Israel was the staff or sword in God's hand, by his appoint- ment to punish a rebellious people, tlie measure of whose sins was then full; but ordinarily and in reference to men, lawful wars are to defend, recover, secure, or get satisfaction, in case of just possessions or rights injuriously invaded, seized, or endangered by others, with respect to persons, estates, or honors, when other means will not serve : such a war was David's against the children of Ammon (2 Sam. x.); and such, we conceive, was the late war of England against Scotland, and their present war against the Dutch.
"6. Such leagues and confederations have been made and con- tinued among other people and provinces, some in a subordination, some in a consociation, upon some several articles and covenants, wherein power hath been granted, and yet customs, privileges, and parts of government reserved for the safety of the whole and conveniency of the parts, as may appear in the different agree- ments and settlements of the Netherland Provinces, and the con- federations of the cantons of the Switzers.
" 7. We know of no fundamental law of these colonies violated or impaired by the Articles of Confederation, as (till now, we con- ceive) they have been clearly and fully understood by the whole committee and by the General Court of the Massachusetts, whose heads and hands were in the contriving and framing of them ; nor is there any such delegating of others, especially of strangers, as is intimated. The freemen of the colonies generally choose their own respective commissioners, such as in whom they may confide, and accordingly they are invested with power according to the combination covenant, and for these ten years we have found the
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HISTORY OF NEW HAVEN COLONY.
blessing of God upon our uniting, and his presence and assistance upon the meetings and conclusions of the commissioners.
"8. According to the intent of the colonies and contrivers of the confederation, hath been the practice in all former times. The commissioners have met and treated with power only limited to the articles. The Indians, French, and Dutch, have had recourse to them in all matters of war, leagues, aids, and so forth, from time to time; but this most clearly appears in anno 1645, when the meeting was at Boston, and the General Court for the Massachu- setts had some agitations with the commissioners about an offen- sive war with the Narraganset Indians, if the war now propounded against the Dutch may be called offensive. The General Court would have sent a commission after the soldiers gone from Boston, but not yet out of the jurisdiction, conceiving that if otherwise any blood should be shed, the actors might be called to account for it. It was answered that though it did belong to the authority of the several jurisdictions (after the war and number of men was agreed by the commissioners) to raise the men and provide means to carry it on, yet the proceeding of the commissioners and the com- mission given was as sufficient as if it had been done by the Gen- eral Court ; for,
First, It was a case of such urgent necessity as could not stay the calling of a court or council.
Secondly, In the Articles of Confederation, power is given to the commissioners to consult, order, and determine, all affairs of war, and the word determine comprehends all acts of authority belonging thereto.
Thirdly, The commissioners are the sole judges of the neces- sity of the expedition.
Fourthly, The General Court have made their commissioners their sole counsel for these affairs.
Fifthly, Their counsels could not have had their due effect, except they had power to proceed in this case as they have done, which were to make the commissioners' power and the main end of their confederation to be frustrate, and that merely for observ- ing a ceremony.
Sixthly, The commissioners having had the sole power to man- age the war for number of men, time, place, and so forth, they only
HISTORY OF THE COLONIAL GOVERNMENT. 395
know their own counsels and determinations, and therefore none can grant commissioners to act according to these but themselves.
Seventhly, To send a new commission after them or any con- firmation of that which they have, would cast blame upon the commissioners, and weaken their power, as if they had proceeded unwarrantably.
After much time spent in such agitations, the General Court of the Massachusetts allowed the proceedings of the commissioners for the matter, and further agreed that it did belong to the commis- sioners only, to appoint one to have command in chief over all the forces sent from the several colonies.
"9. In the uniting of these colonies, it was agreed and cov- enanted that if any of the confederates shall hereafter break any of these present articles, or be any other way injurious to any one of the other jurisdictions, such breach of agreement or injury shall be duly considered and ordered by the commissioners for the other jurisdictions, that both peace and this present confederation may be entirely preserved without violation, as in the eleventh article. And it is a rule in law concerning legal acts, that all expressions and sentences, though of a doubtful construction, be . understood for the confirming of them as far as rationally may be. Then certainly in confederations and covenants, blood may not be drawn out by forced interpretations contrary to clear words, sentences, the scope and purpose of all the articles, and to the practice of all time since, to nullify and infringe them.
"I0. The premises considered, we conceive the interpretation made by the committee and approved both by the magistrates and deputies of the General Court for the Massachusetts apparently tends to the breaking of the league of confederation betwixt the colonies ; and though, by ar. order of June 3d, 1653, they declare they have no such intention, that satisfies no more than if a man maimed and made forever useless should be told his life for a time should be spared. This colony conceiveth (and is accord- ingly affected) that it had been much better for them never to have combined. They are more exposed to enemies and dangers now than before, while that interpretation stands in force at the Massa- chusetts. The commissioners from thence are like to be sent with a limited commission, and no fruit can be expected from such
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HISTORY OF NEW HAVEN COLONY.
a meeting ; all they can do is to look up to Him to whom all the shields of the earth belong, and, in the second place, to seek advice and help elsewhere."
" The commission and instructions of Mr. William Leete, one of the magistrates for New Haven jurisdiction, and Mr. Thomas Fordan, one of the deputies for the General Court of the same jurisdiction, joined to two agents or commissioners of Connecti- cut, sent as a committee to treat with the honorable colony of the Massachusetts, as hereunder is more particularly expressed.
" Whereas all the confederated colonies, but especially these two smaller and more westerly jurisdictions, are in imminent dan- ger of an invasion of war, both from the Dutch (if once they be strengthened with forces, either from the Netherlands or else- where) and from the Indians hired and engaged by the Dutch (as by much Indian testimony is proved) to cut off the English, not only of Hempstead, Middleborough, &c., within the Dutch limits, who are threatened and exposed to ruin for their faithfulness to the English nation and their countrymen in these parts, but the plantations within the United Colonies; you are to treat with the governor, council, commissioners, and General Court of the Massachusetts, or any of them, as you find or may procure oppor- tunity, that, for the honor of the English nation, the peace and safety of the English in all this part of America, - by war, if no other means will serve, - the Dutch, at and about Manhatoes, who have been and still are likely to prove, injurious and dangerous neighbors, may be removed, and that (according to the commis- sioners' late agreement at Boston) five hundred men may be speedily raised out of the four colonies in proportion then settled, and, without delay, employed in this public service.
" But if the governor, council, commissioners, General Court, &c., as above, think fit to increase that number (the Dutch being now more strongly fortified), or upon other considerations much importing the welfare of the whole confederation in these times of exercise, these two colonies of Connecticut and New Haven do jointly desire that without offence three magistrates of this juris- diction may give a call, according to the fifth article in the Con- federation, to the commissioners, to meet at New Haven, the fourth
HISTORY OF THE COLONIAL GOVERNMENT. 397
or eleventh day of August next, all invested with full power from their several jurisdictions according to the Articles of Confedera- tion, without any other limits than have hitherto been used.
"The General Court have also, as you know, perused and con- sidered the interpretation of the Articles of Confederation, made by a committee at Boston, and approved both by magistrates and deputies of the Massachusetts General Court, and by way of answer, do now return their apprehensions enclosed in a letter to the governor, deputy-governor, and commissioners of that colony, which we herewith deliver to you, and you are to present it to the governor, &c., that if God bless our and your endeavors, the late interpretation may be recalled, and the confederation settled according to the first intendment, and the progress it hath had in the hands of the commissioners hitherto with a blessing. We commend you to Him who can prosper both your travel and occa- sions, and rest.
"BY THE GENERAL COURT FOR NEW HAVEN COLONY, "The 29th June, 1653.
"FRANCIS NEWMAN, Secretary."
"Further instructions for Mr. Leete and Mr. Jordan, if they cannot prevail in the former propositions.
"You are to propound and desire from the governor, &c., lib- erty to strike up a drum, or in some other way to treat for the raising of volunteers to assist these two colonies in an expedition for their safety; and, if leave be granted (for we would give no offence), you may speak with such military officers in whom you may confide, for the better furtherance of the work.
"BY THE GENERAL COURT FOR NEW HAVEN COLONY, "The 29th June, 1653. " FRANCIS NEWMAN, Secretary."
" Further instructions for Mr. William Leete and Mr. Thomas Fordan, if they cannot prevail in the former propositions.
" I. For the number, they may be two, three, or four hundred men, provided that such agreements and conclusions may be firmly settled in writing, that these two colonies may with con-
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veniency send such a proportion of men as they may spare, that they may have at least an equal share, both in power to order and command in all affairs, and in the success and advantage of the business in all respects, if God give a blessing ; but herein they that by agreement stay with the stuff, or be ordered as a reserve or an auxiliary army to guard the plantations, or to watch against any invasions or assaults of the Indians upon the plantations, to be reckoned as part of our number, and to share equally with the rest; and herein due consideration be had of shipping for the service, what great guns will be necessary, with suitable provis- ion, with victuals, &c .; and you will warily consider the quality and disposition of the men with whom you treat, and their com- pany they are like to bring, that they be such as with whom we may join in the same way, both of church administration and civil government ; we would be loath to bring Rhode Island or any of that stamp or frame nearer to us.
"2. If ships should come from England, bringing such com- missions as may suit the service propounded, while you are in those parts, it is hereby left to your discretion to treat and con- clude with them for the public good, according to the tenor of your instructions, though we cannot prescribe all particulars.
"3. In case the governor, &c., should send an answer to all propounded, in a letter sealed, neither treating nor acquainting you with the contents, you may, in time and place convenient, avoid- ing offence, open the letter, and consider what is written, that you may the better proceed in any thing to be done by you according to directions now given ; and if any letters come from England, which you may rationally conceive concern public affairs, you are to send them with all speed, though you hire a messenger. The wise and good God assist you according to the weight of your work. We rest.
" BY THE GENERAL COURT FOR NEW HAVEN COLONY, "June 29, 1653. " FRANCIS NEWMAN, Secretary."
These documents from the pen of Gov. Eaton will perhaps acquaint the reader as well and as briefly as it
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were possible to do it, with the nature of the con- troversy which arose between New Haven and Massa- chusetts. The errand of Leete and Jordan and their associates from Connecticut produced no immediate fruit, the governor and council of Massachusetts claim- ing that they could do nothing in the vacation of the General Court, but offering to assemble the court on the thirtieth day of August, a few days before the next meeting of the commissioners.
When the commissioners met in September, a com- munication was received from the General Court of Massachusetts to the intent that, having considered the letters and papers from the General Courts of Connecti- cut and New Haven, they thought it unjust to be placed "under a dilemma either to act without satisfaction against their light, or to be accounted covenant-break- ers." After further correspondence, both parties re- taining as firmly as ever their antagonistic position, the commissioners determined to adjourn sine die, and return without loss of time to their other occasions. This would have been practically a dissolution of the confederation. The General Court, learning that the commissioners were about to disperse, manifested a more conciliatory spirit, voting, "That by the Articles of Confederation, so far as the determinations of the commissioners are just, and according to God, the sev- eral colonies are bound before God and man to act accordingly, and that they sin and break covenant if they do not ; but otherwise we judge we are not bound, neither before God nor men."
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