USA > Connecticut > New Haven County > New Haven > History of the colony of New Haven to its absorption into Connecticut > Part 29
USA > Connecticut > New Haven County > New Haven > History of the colony of New Haven to its absorption into Connecticut > Part 29
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In view of this communication, the commissioners were so far pacified that they proceeded to business,
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"referring all further questions to the addresses the Massachusetts shall please to make to the other Gen- eral Courts." But the very first matter presented for their consideration renewed the old dispute. It was a complaint that Ninigret had made a hostile raid upon the Indians of Long Island, tributaries and friends of the English, in which two sachems and about thirty other Indians were slain, and divers women taken cap- tive. The commissioners immediately despatched mes- sengers to bring Ninigret's answer to this complaint. Upon return of the messengers, bringing an insolent reply from Ninigret, and reporting that he had allowed his men to insult and threaten them, the commissioners declared war against him, and determined to raise for its prosecution an army of 250 men.
In reply to the requisition on Massachusetts for her contingent of 166 soldiers, the commissioners received the following paper : -
" In answer to a letter of the honored commissioners for raising forces to make a present war against Ninigret ; the council for the Massachusetts assembled at Boston, the 24th of September, 1653, taking into their consideration the votes of the commissioners for raising 250 men to make war upon Ninigret, and having perused the grounds and reasons thereunto presented in their papers, do not see sufficient grounds either from any obligation of the Eng- lish towards the Long Islanders, or from the usage the messengers received from the Indians, or from any other motive presented unto our consideration, or from all of them; and therefore dare not to exercise our authority to levy force within our jurisdiction to undertake a present war against the said Ninigret."
Upon receipt of this communication, the commis- sioners protested that by this overt act "the Massa-
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chusetts have actually broken their covenant." Re- senting this imputation, the General Court of Massa- chusetts addressed letters to the General Courts of the other colonies, proposing that "a committee be chosen by each jurisdiction to treat and agree upon such explanation or reconciliation of the Articles of Confederation as shall be consistent with our true meaning, the nature of the confederacy, and the power and authority of every government."
The General Court of New Haven, upon receipt of this communication and the report which their commis- sioners made of "the debate they had for ten days with the Massachusetts General Court before they could sit as commissioners, and after with what they did when the commissioners sat," declared that they saw no cause to choose any committee for the purpose men- tioned.
" The Articles of Confederation in their judgment want neither alteration, nor explanation, and they are fully satisfied in them as they are." "What the commissioners of this colony did the Court approved ; but considering what the Massachusetts General Court and council have done, this Court all agreed, and cannot but declare that they have broken their covenant with us in acting directly contrary to the Articles of Confederation ; upon which considera- tion this Court see themselves called to seek for help elsewhere, and can conclude of no better way than to make their addresses to the State of England."
The letter in which the Court communicated to the General Court of Massachusetts the declarations thus recorded, was, in the first place, sent to Hartford, and, being approved by the General Court of Connecticut, was, by their direction, signed by the secretary of that
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colony, as well as by the secretary of New Haven. The General Court of Plymouth, some months afterward, replied to Massachusetts in a communication of similar import, but doubtless more pungent by reason of the indisputable disinterestedness of that colony. They say : -
" The unexpected and less welcome intelligence that we received upon the return of our commissioners from their last and most un- comfortable meeting hath administered just ground to us to let you understand how sadly we resent, and how deeply we are affected with, that sad breach of the confederation, on your part acted, especially at such a time as this, wherein our enemies may be occa- sioned not only to insult over us, but also to reproach the name of God and his ways which we profess ; which, upon whose account it will be charged, we leave to consideration. and pass on to express our thoughts in answer to yours dated the 13th of September, 1653, which, after due consideration, we conceive (reserving due respects to yourselves dissenting) that the Articles of Confederation are so full and plain that they occasion not any such queries for their full explanation, or meeting of a committee for such a purpose, it seem- ing unto us to be obvious to any impartial eye, that, by the said articles, the commissioners are the representatives of the several _ colonies, and therefore what they act and determine, according to that power given them in such matters as are expressly included in the said articles, may justly be interpreted as the sense, reason, and determination of the several jurisdictions which have sub- stituted them thereunto, and the several colonies may and ought to acquiesce in as if themselves had done it."
When the time for the next meeting of the commis- sioners was near, the question was raised in the General Court at New Haven, whether commissioners should be chosen. The result of the debate is thus recorded : -
" The Court, having found such ill fruit from the Massachusetts, of the two former meetings, are discouraged to send ; yet that they
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might show themselves followers of peace, and that they earnestly desire to continue their confederation upon the terms it first began, and for sundry years hath been carried on, did agree and choose the governor and Francis Newman commissioners for the year ensuing, and particularly for the next meeting at Hartford, if it hold; and Mr. Leete and Mr. Goodyear are chosen to supply, if the providence of God order it so that one or both of the others should be hindered; but with this direction from the Court, that if the mind of the Massachusetts remain as they have formerly declared, which hath made the other three colonies look upon the confederation as broken by the Massachusetts, they conceive there can be no fruit of their meeting, but only to consider the eleventh article, and require such satisfaction from the delinquent colony as they shall judge meet."
No sooner had the commissioners assembled than they " fell upon a debate of the late differences betwixt the Massachusetts and the other colonies, in reference to the government of the Massachusetts' declaration or interpretation of the articles, bearing date June the 2d, 1653, and their not acting by raising of forces against Ninigret in September last, according to the determina- tion of the commissioners ; and, after some agitations and writing about the same, the commissioners for the Massachusetts presented the ensuing writing :- "
"To the intent all former differences and offences may be issued, determined, and forgotten, betwixt the Massachusetts and the rest of the confederate colonies, we do hereby profess it to be our judgment, and do believe it to be the judgment of our General Court that the commissioners, or six of them, have power, accord- ing to the articles, to determine the justice of all wars, &c .; that our General Court hath and doth recall that interpretation of the articles which they sent to the commissioners at Boston, dated the 2d of June, 1653, as it appears by that interpretation and conces- sion of our Court presented to the commissioners in September last, and do acknowledge themselves bound to execute the deter-
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minations of the commissioners, according to the literal sense and :true meaning of the Articles of Confederation, so far as the said determinations are in themselves just, and according to God."
Thus ended the open quarrel between Massachusetts and the other colonies. But when the commissioners, proceeding to make war upon Ninigret, gave the ap- pointment of the commander-in-chief to Massachusetts, Major Willard, their appointee, carried out the policy of his colony almost as closely as if no army had been sent. The commissioners censured him, but he doubt- less felt assured that in his own colony his conduct was approved. News of peace between England and Hol- land having arrived before Massachusetts retracted her offensive interpretation of the articles, the subject of hostilities against the Dutch was no more agitated, and gradually the United Colonies settled into tranquillity.
During this quarrel with Massachusetts, Connecticut and New Haven had been vexed with internal dissen- sion. As these colonies had been more clamorous for war than those more remote from the Dutch, so the zeal of those plantations in these colonies which were . most exposed to danger exceeded that of others. The people of Stamford and Fairfield were not only ready to engage in the fight with such forces as Connecticut and New Haven might be able to raise, but were en- raged because the authorities of their respective colo- nies were not as rash as themselves. Trumbull says, "The town of Fairfield held a meeting on the subject, and determined to prosecute the war. They appointed Mr. Ludlow commander-in-chief. He was the centre of the evidence against the Dutch; had been one of the
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commissioners at the several meetings relative to the affair ; had been zealous and active for the war; and, conceiving himself and the town in imminent danger unless the Dutch could be removed from the neighbor- hood, too hastily accepted the appointment." But, as Fairfield belonged to Connecticut, it is not our task to relate what took place at Fairfield, nor what happened in consequence to Mr. Ludlow. Stamford, in the New Haven colony, wrote to the colonial authorities, " stir- ring up to raise volunteers to go against the Dutch, and that themselves will send forth ten men well furnished for the war." The governor communicated this letter to the General Court, Nov. 22, 1653, and, at the same time a letter from Mr. Ludlow, giving information of the action taken by Fairfield ; and an anonymous letter to Robert Bassett of Stamford, "which is to stir up to stand for the State of England, as they pretend, and to stand for their liberties, that they may all have their votes, and shake off the yoke of government they have been under in this jurisdiction." These writings having been read : -
"The Court considered whether they are called at this time to send forth men against the Dutch, and after much debate and con- sultation had with most of the elders in the jurisdiction, the issue was, which the Court by vote declared, that, considering the hazards and dangers attending such a design, especially now, it being so near winter, and the want of suitable vessels, and the like, they see not themselves called to vote for a present war, but to suspend a full issue till Connecticut jurisdiction be acquainted with it, and give notice what they will do ; but if they agree to carry it on now, then this Court agrees to join with them, and to meet again to con- sider and order, as the case may require."
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At the same court two magistrates who had been sent to Stamford "to settle a right understanding of things for the better quieting of their spirits who are in a mutinous way," reported that they found the people "for the most part full of discontent with the · present government they are under, pleading that they might have their free votes in the choice of civil · officers, making objection against their rates, and pro- pounded to have their charges of watching and ward- ing the summer past, with some works about their meeting-house for their defence, borne by the jurisdic- tion, and that they might have twelve men sent them at the jurisdiction charge to lie there all winter for their defence, with some other things ; and after much debate with them to quiet them, which did little prevail with them, an order from the committee of Parliament in England sent to this colony was read to them, requiring them to submit to the government they are under, which did somewhat allay their spirits for the present, and they desired further time to consider of things, and they would in some short time send their mind to the governor in writing."
A similar spirit of discontent prevailed at Southold, which was liable to be attacked by Ninigret, transport- ing his men across the Sound in canoes. John Youngs, a son of the pastor, was the leader of the disaffected at Southold, and was in communication with Robert Bas- set, the boldest and most active of the disaffected at Stamford. Youngs, Basset, and three other inhabitants of Stamford, were put under bonds "to attend their oath of fidelity to the jurisdiction, maintain the laws here established, and not disturb the peace of the
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colony, or of any plantation therein." Each made a separate confession.
" Concerning John Youngs, he did now acknowledge that he hath miscarried many ways, speaking rash and foolish words, and such as have tended to sedition, was unsatisfied that he had not his vote in choosing military officers, and that such he would not follow as he did not choose. He is sorry he hath given such just offence, and hopes he shall take warning, and walk to better satis- faction hereafter." "Robert Basset said, concerning that letter he received without a name subscribed, he did not do as he ought in so weighty a business, not considering of it, nor seeing that in it which he since sees; but something being in it which suited his present affection against the Dutch, and his corrupt opinion con- cerning the votes, whereby his eyes were then blinded, he is heartily sorry for it, and if God had not stopped him, for aught he knows, it might have wrought great disturbance; and for his dis- turbing the peace of the colony, and opposing the ways of govern- ment, he sees his evil in it in some measure, and hopes he shall see it more, for he is convinced that the way of government here settled is according to God, which he hath not honored as he ought, and had he honored God, he would have helped him to honor the government, which he did not, and is heartily sorry for it. Concerning the uncomfortable words in the town meetings at Stamford which have tended much to disturb the peace of that place, and much grieve the hearts of God's people, which doth now cause sorrow of heart in him, he hopes, that, as he hath been an instrument of dishonor to God in that place, so he desires to . be an instrument of his honor there. Concerning the letter which he carried from Stamford, wherein he was employed by the town, at that time he apprehended it for the peace of the place, but he now sees that he did not then see the bottom of it, for it did tend to dishonor the government here, and prefer another government before it; these and other his miscarriages he said he was sorry for, and desires the Court to be merciful to him, hoping he shall be watchful hereafter; and added that he looks upon this as an aggravation of his sin, that all this was against his oath of fidelity, and from the great pride of his spirit."
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Mr. Youngs soon recovered the confidence of the magistrates and other loyal people. The next year after his submission he appeared in company with Capt. Tappan of Southampton before the commission- ers, in behalf of the English on the east end of Long Island, and their Indian allies in the neighborhood, petitioning for aid against Ninigret's hostile invasions. At the suggestion of these gentlemen, seconded by letters from some of the chief men of that neighbor- hood, the commissioners ordered "a vessel sufficiently manned and armed, as the case may require, to attend Ninigret's motions and, as much as may be, hinder his intrusions upon the Island." Of this vessel Youngs was appointed commander, with instructions to "take in from Saybrook or New London, six, ten, or twelve men, well armed and fitted for the service, as any of the magistrates of Connecticut shall direct ; with which force you shall improve your best endeavors to disturb his passage to, and prevent his landing upon, Long Island, by taking, sinking, and destroying so many of his canoes employed in that service as shall come within your power." In later years Youngs became a freeman, and appears on the records as Capt. John Youngs. It is doubtful, however, whether he was ever in his true inwardness reconciled to the fundamental law of New Haven ; for, after the arrival of the Con- necticut charter, he took the earliest opportunity of transferring to Connecticut the allegiance of himself and of Southold. After the absorption of New Haven into Connecticut, he "became the most prominent man of the town " of Southold, and was honored with important trusts under the colonial government.
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The vexed question of war with the Dutch brought to open expression a dissatisfaction in the New Haven colony, which, though latent at other times, was real and wide-spread. Those who were not voters felt that suffrage was too much restricted by the fundamental law. The dissatisfaction was deepest in regard to the choice of military officers. It often happened that there was in the train-band a man plainly more fit to be its commander than any of those who were church- members. But however great a man's military genius might be, he could neither be an officer, nor have any voice in determining who should give the word of command, unless he was a member of some approved church. This was the grievance of John Youngs, in whose plantation there seems to have been a remarka- ble scarcity of military capacity among the church- members. The records disclose, however, similar cases of dissatisfaction in other plantations. In 1655 the General Court so far yielded to the influence of public opinion as to record : -
" It is agreed, that if in any plantation in this jurisdiction there be none among the freemen fit for a chief military officer, it shall be in the power of the General Court to choose some other man, as they shall judge fit, in whom they may confide."
One instance of manifested dissatisfaction should be specially mentioned in order to exhibit also the protest of the General Court against it. In 1661, at the first court held under the administration of Gov. Leete, John Benham acknowledged that he had circulated an offensive writing, and desired forgiveness.
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"The Court was willing to accept his acknowledgment, pro- vided that they heard not further against him. Upon this the Court saw cause to declare as followeth; viz., That whereas we have been occasioned (upon some reports of grievance from sun- dry non-freemen, that just privileges and liberties are denied them, which they apprehend are allowed them by our first fundamental law) to take the matter into consideration, and upon a serious review of things of this nature, and of our law, we do see cause to declare unto all godly and peaceable inhabitants of this colony that we are grieved to hear of some uncomfortable manner of acting by such unsatisfied persons in a seeming factious, if not seditious manner, which we wish all (who would not be looked upon as disturbers of our peace and troublers 'of our Israel) to be warned from after appearings in such wise; and we hope they shall have no cause to complain of any injury by our withholding of just rights, privileges, or liberties, from any to whom they belong, so as to hurt the promotion of our chief ends and inter- ests, professed and pretended by all at our coming, combining, and settling in New England, as by the Articles of Confederation and otherwise may be made to appear, which must engage us to seek, secure, and advance the same by law, and from which we cannot be persuaded to divert, so as to commit our more weighty civil or military trusts into the hands of either a crafty Ahithophel or a bloody Joab (as some abusive meddlers do seem to hint unto us, in a paper we met withal), though such should seem to be better accomplished with either natural or acquired abilities above those that are as well lawful as intitled freemen ; whose earnest desire is that all planters would make it their serious endeavor to come in by the door to enjoy all privileges and bear all burdens equal with themselves, according to our foundation settlements and univer- sally professed ends, and that there may be no disorderly or uncomely attempts to climb up another way, or to discourage the hearts or weaken the hands of such as yet bear the burden of the day in public trusts, which will be afflicting and hurtful to the ends aforesaid."
Although this last manifestation of discontent oc- curred twelve months later than the end of the period
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to be covered by this chapter, it seems appropriate to connect it with earlier manifestations, so as to complete what should be said of that " unquietness in the minds of sundry upon the account of enfranchisement, and sundry civil privileges thence flowing, which they thought too shortly tethered up in the foundation of the government."
The restoration of peace with the Dutch brought internal quiet to New Haven; the discontent with restricted suffrage subsiding into its usual latent condi- tion. The reconciliation with Massachusetts, begun in the autumn of 1654, after her commissioners in her name had retracted her offensive interpretation of the Arti cles, was completed in the spring of 1655, when Gov. Eaton informed the General Court of New Haven "that he hath received from the General Court of the Massa- chusetts an order, whereby they confirm what their commissioners did last year at Hartford, in recalling their interpretation of the Articles of Confederation, so offensive to the other colonies, which order is by this Court accepted and appointed to be entered next after the conclusions of the commissioners at that meeting."
In 1655 Gov. Eaton presented to the General Court a digest of the laws of the colony, which he had been requested to prepare. The Court approved of what he had done, but desired him "to send for one of the new books of laws in the Massachusetts colony, and to view over a small book of laws newly come from England, which is said to be Mr. Cotton's, and to add to what is already done as he shall think fit, and then the Court will meet again to confirm them, but in the mean time (when they are finished) they desire the elders of the
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jurisdiction may have the sight of them for their appro- bation also." A few months later, "the laws which at the Court's desire have been drawn up by the governor, viewed and considered by the elders of the jurisdiction, were now read and seriously weighed by this Court, and by vote concluded and ordered to be sent to England ' to be printed, with such oaths, forms, and precedents as the governor may think meet to put in ; and the gov- ernor is desired to write to Mr. Hopkins, and Mr. New- man to his brother, to do the best they can to get five hundred of them printed." Ten months after this order for printing was made : -
" The governor informed the court that there is sent over now in Mr. Garret's ship five hundred law-books, which Mr. Hopkins hath gotten printed, and six paper books for records for the juris- diction ; with a seal for the colony, which he desires them to accept as a token of his love. The law-books cost, printing and paper, £10.10; the six paper books £2.S. The law-books are now ordered to be divided as followeth : New Haven, 200; Milford, 80; Guilford, 60; Stamford, 70, a part of which for Greenwich ; South- old, 50; Branford, 40. For every of which books, each plantation is to pay twelve pence in good country pay (wheat and pease were propounded) to the governor, Mr. Hopkins having ordered him to receive it here upon his own account, and therefore it must be made up in quantity, else he would be a great loser by it."
Greenwich, though nominally purchased and estab- lished as a plantation by authority of the colony of New Haven, had always been a wayward daughter. The inhabitants soon revolted, and placed themselves under the government of the New Netherlands; but the Dutch, being remonstrated with, relinquished their claim. In 1665, -
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" The deputies of Stamford propounded that they have and do still suffer great inconvenience and damage by Greenwich, who pound their cattle off the common, besides their disorderly walking among themselves, admitting of drunkenness among the English and Indians, whereby they are apt to do mischief, both to themselves and others; they receive disorderly children or ser- vants, who fly from their parents' or masters' lawful correction ; they marry persons in a disorderly way, besides other miscarriages ; 'and therefore, if the Court see meet, they desire some course may be taken to reduce them to join with Stamford in this jurisdiction, and the rather because they pretend to shelter themselves under the commonwealth of England, who, we are confident, will not approve of such carriages. The Court considered of the several particulars, and remembered how Greenwich at first was by Mr. Robert Feak, the first purchaser of the said lands, freely put under this jurisdiction ; though after Capt. Patrick did injuriously put himself and it under the Dutch. yet after, it was by agreement at Hartford with the Dutch governor, 1650, to be resigned to New Haven jurisdiction again, and since we hear that the Dutch do exercise no authority over them ; all which, being considered, the Court did agree and order that a letter should be written to them from this court, and sent by the deputies of Stamford, requiring them, according to the justice of the case, to submit themselves to this jurisdiction, which, if they refuse, then the Court must consider of some other way."
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