USA > Connecticut > New Haven County > New Haven > History of the colony of New Haven to its absorption into Connecticut > Part 33
USA > Connecticut > New Haven County > New Haven > History of the colony of New Haven to its absorption into Connecticut > Part 33
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king, far from reserving a negative on the acts of the colony, did not even require that the laws should be transmitted for his inspection ; and no provision was made for the interference of the English government, in any event whatever. Connecticut was independent except in name."
Clearly the terms of the charter were dictated by Winthrop. Both the boundaries and the powers of government were such as he asked for. He was re- solved, when he left Hartford, to ask for all the terri- tory included by the old patent, even if the line should reach so as to include a sister colony.
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What, then, was his expectation in regard to the Jurisdiction of New Haven ? Plainly it was, if we may trust his own testimony, that New Haven should be at liberty to join with them or not. Though he had no intention of absorbing New Haven by compulsion, he believed that it would be for the advantage of all to be united in one jurisdiction by mutual agreement. There were in the colony of New Haven some who were of the same opinion. Gov. Leete, "both by speech and letter," urged Winthrop to include New Haven within the territory he should ask for Connect- icut. Leete may have been more solicitous for com- prehension at that time than two or three years later ; for Winthrop embarked when New Haven was more apprehensive of the royal displeasure than at any other time. Connecticut, in reply to New Haven's Case Stated, says, "By your then chief in government, our governor was solicited to include New Haven with- in our patent, both by speech and letter ; and friends in England were improved by some of you to persuade to and promote the same, and, according to your de- sires, attended the best expedient to express sincerity of love, your case and condition at that time duly con- sidered." The obvious interpretation of this language is that Leete desired, in the danger which threatened New Haven, that she might be allowed to take shelter under the royal charter which Connecticut hoped to obtain. Two letters from Leete to Winthrop, found among the Winthrop papers enclosed in a slip of paper which was indorsed "Mr. Leete's letter about procuring patent," still more clearly prove that Leete desired the comprehension of New Haven, and that he
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desired it in order to secure her safety from danger impending on account of the regicides. The first of the letters is doubtless that which Connecticut refers to in her answer to New Haven's Case Stated.I A few words in this letter are italicised for the conven- ience of the reader. Under date of Aug. 6, 1661, he writes, -
" To the Right Worshipful John Winthrop, Esq.
"HONORED SIR, - I waited with expectation to have seen you at Guilford, or met you at New Haven, to have presented you with something I had prepared, petition-wise, for the king; that, if you had pleased, we might have had your furtherance about it; but not meeting you, I went toward New London, thinking to find you there; but when I came at Saybrook I heard of your being gone near a week before, and so I was wholly disappointed: since which time I have sent it to the Council at Boston, as also a letter of our General Court, signifying our accord to own their address, and to acknowledge ourselves in like relation and with like affec- tion to his Majesty.2 All which I suppose we should have done by you, could we have seen you and yours,3 and had your consent ; for we are desirous ever to maintain the stamp of the United Colonies ; but seeing we were disappointed, we were necessitated to apply ourselves to the Bay, and are now thither sending this enclosed letter and petition ; yet, lest any miscarrying or interrup- tion there should fall out as from them, and for fuller testimony of us and our loyalty to his Majesty, I have sent . . . (nonnulla desunt) ... and hope it shall not meet with a check from his
" Since writing the above I have noticed that Leete in a letter to Win- throp, which may be found on p. 484, alludes to a letter of similar import with that here given, which he wrote when Winthrop was in England. According to Leete, the purport of the letter to England was " to make your patent a covert, but no control to our jurisdiction, until we accorded with mutual satisfaction to become one."
2 This letter may be found on p. 438.
3 Fitz John and Waitstill, sons of Winthrop, accompanied their father to Europe.
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Majesty. If it should, it would grieve me, but if it find favor, and herein his Majesty's clemency shall further shine as toward such despised ones, it will bring forth (I believe) great cheering and cordialness, with growth of loyalty; which I shall seek to further as I shall be in capacity. Good sir, mind us, and with first oppor- tunities please to deal upon our account. I have written to the Bay, that some apt personage may be procured to be the common agent for New England, to wait upon all turns when any thing pro or con should be on hand about New England affairs, which I am informed they think needful also. I wish that you and we could procure one patent to reach beyond Delaware, where we have expended a thousand pounds to procure Indian title, view, and begin to possess. If war should arise between Holland and England, it might suit the king's interest ; a little assistance might so reduce all to England. But our chief aim is to purchase our own peace, which I desire we all pursue, as I hope you will, and for which we pray, as for your health, success, and welfare. With chiefest respects to yourself, Mr. Fitz, and Mr. Wait, wishing your safe and speedy return to your good family, and us that long for it, resting
" Yours cordially to love and honor you,
"WILLIAM LEETE. " GUILFORD, Aug. 6 (61).
" Pray, Sir, give us a word of intelligence how matters go, timely, as may concern us.
" If any thing be needful as to form or emendation in writing, good Sir, let it be done, and we shall recompense it."
The other letter, enclosed with this by Winthrop for preservation, was written after Winthrop's return from Europe. It bears date June 25, 1663, and is as fol- lows : -
" For the honored John Winthrop, Esquire, Governor of Con- necticut Colony, these dd.
" MUCH HONORED AND DEAR SIR, - By this first opportunity, with or indeed somewhat before my meet capacity to write, by rea-
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son of extraordinary pain in the one side of my face and teeth, I have adventured to perform that duty to congratulate your so safe return, which hath so long been sought, waited, and hoped for, as the medium to bring a comfortable issue to our perturbing exer- cises, always giving out my confident apprehensions of your acting in the Patent business so as to promote peace and love to mutual satisfaction, without any intendment to infringe our liberty or privileges in the least thereby, when you came to manifest your ingenuous sense of things ; and therefore all my laboring with our neighbors of Connecticut hath been for a respite of all things till your return, and that no preparations might be given in that interim, to hinder a loving accord and compliance between us, which truly I am and ever have been a friend to encourage, according as I have said, or at any time written to yourself or Mr. Stone. But I fear some physicians of our time may be too highly conceited of curing diseases by violent fomentations, which I ever judged not to be your method, but rather by gradual ripening and softening supplements, which I am yet more confirmed to believe since I see your letter unto Major Mason, a copy whereof Major Thompson and Mr. Scott sent enclosed (as they say) in one from them, all which letters have been opened and tossed up and down about the country in reports, before they came to my view, which is even now done, and so if any inconvenience be thereby occa- sioned, I hope you will not impute it unto me. But truly I hear of great irritations of spirits amongst our people, by reports of opposite speeches or writings, that are said to come from yourself ; but I hope all will come to a fair reconcilement in due time, and which I still wait and long for. Thus hoping you will pardon the want of more ample expressions or other attendance upon you in time of my long continuing illness, with all humble and best respects presented to yourself, good Mrs. Winthrop, Mr. Fitz John, Mr. Wait, and all yours, I take leave, resting
"Your assured loving friend to serve, "WILLIAM LEETE. "GUILFORD, June 25, (63)."
These overtures by Mr. Leete toward an union with Connecticut were very obnoxious to those who, regard-
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ing the limitation of suffrage to church-members as of paramount importance, were less alarmed than Mr. Leete for the safety of themselves and of the colony. Mr. Davenport writes to Winthrop, June 22, 1663 : "As for what Mr. Leete wrote to yourself, it was his private doing, without the consent or knowledge of any of us in this colony ; it was not done by him according to his public trust as governor, but contrary to it." Probably this movement of Leete for union with Connecticut was what the letters of Hooke to Davenport and of Newman to Gilbert, cited in the preceding chapter, refer to. It does not appear that any public attack was made upon him; but the little apologetic speech with which he opened the court of election in the spring of 1662 indicates that those who thought that his proposal to Winthrop to include New Haven was not done by him according to his public trust as governor, but contrary to it, had in a private way made it warm for him. "The governor declared that through the goodness of God they had been carried through another year, though with much infirmity and weakness, and himself more than ordinary, yet not so but through reflection God had brought him to the sight of it, but yet was free to be responsible for any public transac- tion, and should be ready to give answer to any brother or brethren coming to him in an orderly way, desiring to find pardon and acceptance with God, and acknowl- edging their patience and love in passing by any thing that hath been done amiss. None objecting, they proceeded to vote."
The charter bore the date, April 23, 1662. It was first made public in this country at the meeting of the
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commissioners for the United Colonies at Boston in September. A letter from the General Court of Con- necticut to the commissioners, dated Aug. 30, makes no reference to the charter, but proposes a special meet- ing of the commissioners "in case any matters needful to be considered should, at the return of our worthy governor and the agents for the Massachusetts,' be presented." A letter sent by the commissioners dur- ing their session, to the governor of Rhode Island says, "We have read and perused a charter of incorpora- tion under the broad seal of England, sent over the last ship, granted to some gentlemen of Connecticut." For some time after the charter had come into his possession, Winthrop expected to return home that summer, and be himself the bearer of the document ; but, changing his plans, and deciding to spend a sec- ond winter abroad, he had sent it by another hand. The arrival of the charter, therefore, preceded the re- turn of the envoy by whom it was procured. It was read at the meeting of the commissioners, who "took notice of his majesty's favor as being very accept- able to them, and advised that wherein others may be concerned, the said gentlemen with such others do attend such ways as may conduce to righteousness, peace, and amity, and that the favor showed to the said colony, or any other, may be jointly improved for the benefit of all concerned in the said charter." In the margin of that copy of the records of the commis- sioners printed in Hazard's State Papers is the follow- ing note : "We cannot as yet say that the procurement of this patent will be acceptable to us or our colony. - William Leete, Benjamin Fenn."
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At the General Assembly or Court of Election held at Hartford, Oct. 9, 1662, -
"THE PATENT or CHARTER was this day publicly read in audience of the freemen, and declared to belong to them and their successors; and the freemen made choice of Mr. Wyllys, Capt. John Talcott, and Lieut. John Allyn, to take the charter into their custody in behalf of the freemen, who are to have an oath administered to them by the General Assembly for the due dis- charge of the trust committed to them."
CHAPTER XX.
CONTROVERSY WITH CONNECTICUT.
A T the session of the General Court of Connecticut at which the charter was received, Capt. John Youngs of Southold appeared, and presented the fol- lowing certificate, signed by thirty-two persons : -
" SOUTHOLD, Oct. 4, 1662.
" Having notice from Mr. Wyllys of Connecticut Jurisdiction, Long Island comes within the patent, and also that the Court is to be held at Hartford, and thither we are desired by Mr. Wyllys to send our deputies, from these towns of Long Island; we therefore of Southold, whose names are underwritten, do desire and have appointed Capt. John Youngs to be our deputy, and do hereby give him full power to speak and act in our behalf as occasion shall serve."
Upon this certificate Capt. Youngs was admitted to sit as the deputy of Southold, and the following min- ute was entered on the record : -
" This Court being informed by Capt. John Youngs and some other gentlemen of quality, that the inhabitants of Southold, the major part of them, have sent up and empowered him to act as their deputy, and he as their agent tending to submit their persons and estates unto this government according to our Charter ; this Court doth own and accept them, and shall be ready to afford
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them protection as occasion shall require, and do advise the said inhabitants to repair to South and East Hampton, to the authority there settled by this Court, in case of any necessary occasion, to require the assistance of authority. And this Court doth hereby accept and declare Capt. John Youngs to be a freeman of this corporation, and do grant him commission to act in the plantation of Southold as need requires, according to his commission. And this Court doth order the inhabitants of Southold to meet together, to choose a constable for that town; and Capt. John Youngs is authorized to administer oath to the said constable, for the due execution of his office. And we do advise and order Capt. Youngs to see that the minister be duly paid his meet and competent maintenance."
When the magistrates of Connecticut agreed, before the departure of Winthrop for Europe, that if it should be found that their boundary included New Haven, their brethren of that colony should be at liberty to unite with them or not at their option, they had no thought of such a temptation as beset them when Southold applied to be received under their jurisdic- tion. They were tempted to divide and conquer when they ought in fairness and good faith, by postponing action on the proposal of the Southold people, to have shown courtesy to a sister colony with which they were confederate. The signers of the application were probably, as Capt. Youngs alleged, a major part of the freemen of Southold ; but they were under oath of alle- giance to New Haven, and in revolting to Connecticut were acting as individuals and.not in a court of the plantation. Connecticut, after acknowledging New Haven as a sister colony and becoming confederate with it, could not justly receive one of its plantations, even if a general court of the plantation had voted to
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change its allegiance. If possible, it was a still greater outrage to do it in the absence of municipal action.
Having thus robbed New Haven of Southold, the same General Court proceeded to take under the gov- ernment and protection of Connecticut a few dis- affected persons in Guilford, without even pretending that they were a majority of the inhabitants or of the freemen. The record reads, -
" Several inhabitants of Guilford tendering themselves, their persons and estates, under the government and protection of this colony, this Court doth declare that they do accept and own them as members of this colony, and shall be ready to afford what pro- tection is necessary. And this Court doth advise the said persons to carry peaceably and religiously in their places toward the rest of the inhabitants that yet have not submitted in like manner. And also to pay their just dues unto the minister of their town ; and also all public charges due to this day."
In like manner Stamford and Greenwich were re- ceived. "This Court doth hereby declare their accept- ance of the plantations of Stamford and Greenwich under this government upon the same terms and pro- visions as are directed and declared to the inhabitants of Guilford ; and that each of those plantations have a constable chosen and sworn."
As no disaffected inhabitants of New Haven, Milford, or Branford appeared, no action was attempted for com- prehending those plantations further than to appoint Mr. Matthew Allyn, Mr. Wyllys, Mr. Stone, and Mr. Hooker a committee "to go down to New Haven to treat with the gentlemen and others of our loving friends there, according to such instructions as shall be directed to the said committee by this Court."
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About a week later a court of magistrates was held at New Haven, at which the governor, the deputy-gov- ernor, Mr. Jones, Mr. Fenn, Mr. Treat, and Mr. Crane were present. The committee from Connecticut, arriv- ing in New Haven while the magistrates were in session, presented a copy of the charter, and with it the written declaration which may be found below, to the intent that Connecticut desired "a happy and com- fortable union."
In the record of their proceedings the magistrates make no express mention of the committee or of their documents ; but "it was agreed and ordered that the twenty-ninth day of this month be kept a day of ex- traordinary seeking of God by fasting and prayer for his guidance of the colony in this weighty business about joining with Connecticut colony, and for the afflicted state of the church and people of God in our native country, and in other parts of the world." But though no mention is made in the record of the court of magistrates, of the documents received from Con- necticut, it subsequently appears that the magistrates and elders returned a written reply.
At a meeting of the freemen of New Haven colony, held at New Haven, Nov. 4, 1662, the governor in- formed them they were not ignorant of the occasion of this meeting, they knowing that some gentlemen of Connecticut had been here, and had left a copy of their patent, and another writing under their hands, both of which were now read, and also the answer of our com- mittee to their writing, which writing and answer are as followeth : -
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" To our Much Honored and Reverend Friends of New Haven, Milford, &c., to be communicated to all whom it may con- cern : -
" We declare that through the good providence of the Most High, a large and ample patent and therein desirable privileges and immunities from his Majesty, being come to our hands (a copy whereof we have left with you to be considered), and your- selves upon the sea-coast being included and interested therein, the king having united us in one body politic, we according to the commission wherewith we are intrusted by the General Assembly of Connecticut do declare in their name that it is both their and our earnest desire that there may be a happy and comfortable union between yourselves and us, according to the tenor of the charter, that inconveniences and dangers may be prevented, and peace and truth strengthened and established, through our suita- ble subjection to the terms of the patent, and the good blessing of God upon us therein. We do desire a seasonable return hereunto.
" MATTHEW ALLYN, SAMUEL WYLLYS, SAMUEL STONE, SAMUEL HOOKER, JOSEPH FITCH."
" To our Much Honored and Reverend Friends, the Commissioners from the General Court of Connecticut, to be communicated, &c.
"MUCH HONORED AND REVEREND, - We have received and perused your writing, and heard the copy read of his Majesty's letters patent to Connecticut colony, wherein though we do not find the colony of New Haven expressly included, yet to show our desire that matters may be issued in the conserving of peace and amity with righteousness between them and us, we shall commu- nicate your writing and the copy of the patent to our freemen, and afterwards with convenient speed return their answer. Only we desire that the issuing of matters may be respited until we may receive fuller information from the Honored Mr. Winthrop or satisfaction otherwise, and that in the mean time this colony may remain distinct, entire, and uninterrupted, as heretofore, which we
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, hope you will see cause lovingly to consent unto, and signify the same to us with convenient speed.
" WILLIAM LEETE, MATTHEW GILBERT, BENJAMIN FENN, JASPER CRANE, ROBERT TREAT, WM. JONES, JOHN DAVENPORT, NICHOLAS STREET, ABRAH. PIERSON, ROGER NEWTON.
"NEW HAVEN, 17th of October, 1662."
"Then the governor told them that they had heard the writings and patent, and there were two things in their writing to be answered to: first, that they declare us to be, by the king, made one body politic with them, and interested in their patent; second, they desire a happy and comfortable union for peace and truth's sake, &c .: now to these two you must give answer ; and then dismissed the assembly to consider of it for the space of one hour and a half, and then to meet again at the beat of the drum.
"Then, the company being come together .in the afternoon, the governor told them that they knew what was left with them, for they had heard the patent and the writings read; therefore he desired to know their minds, for he hoped they might have some help from among ourselves, mentioning Mr. Davenport.
"Then Mr. Davenport, pastor of the church of Christ at New Haven, said that according to this occasion he should discharge the duty of his place, and should read to them his own thoughts (which he had set down in
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writing), which he desired might remain his own till they were fully satisfied in them, and further said he should leave others to walk according to the light that God should give them in this business ; and so read some reasons why we were not included in the patent, and also why we might not voluntarily join with them, and so, upon desire of some, left his writing with them to consider of.
" Then the governor told them that they had heard the thoughts of . Mr. Davenport concerning both the parts of the writing, and [he] had left them with them that they might do that which may be to God's accept- ance ; therefore he desired them to speak their minds freely, for he desired that the freemen themselves would give the substance of the answer voluntarily. The governor further said that for his part he should not be forward to lead them in this case, lest any should think him ambitious of the place, but desired that that might be done which is according to the will of God. Then, the matter being largely debated, at last came to this conclusion, to have an answer drawn up out of these three heads : first, that there be due witness-bearing against their sin ; secondly, that there may be a defer- ring of things till Mr. Winthrop's coming or we [have] satisfaction otherwise, and that we remain in the same state as we are till then ; thirdly, that we can do noth- ing till we consult with the other confederates.
"Then the advice of the commissioners about this patent was read, and considered how contrary to that righteousness, amity, and peace, our neighbors of Con- necticut had carried toward us. Then they considered of a committee to draw up an answer into form, and to
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annex some weighty arguments thereunto, to send to the general assembly of Connecticut, and considered also about making address to his Majesty if our answer prevail not. The committee appointed was the magis- trates and elders of this colony in general, with Brother Law of Stamford, and these to conclude according to the major part of them in session. It was left with this committee to send this answer, &c., to what person they see most convenient, to be communicated to their general assembly.
"The freemen expressed themselves desirous that the magistrates would go on in their work, and they looked upon themselves bound to stand by them according to our laws here established."
"The answer of the freemen drawn up into form by the committee, and sent to Connecticut General As- sembly, is as followeth : viz., -
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