USA > Connecticut > New Haven County > New Haven > History of the colony of New Haven to its absorption into Connecticut > Part 35
USA > Connecticut > New Haven County > New Haven > History of the colony of New Haven to its absorption into Connecticut > Part 35
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44
" Yours, obliged to honor and serve you in the Lord, "JOHN DAVENPORT.
"N. H., the 22d day of the 4th month, called June, 1663."
Gov. Leete's letter to Winthrop congratulating him on his safe return and expressing confidence that he would be a medium to bring the strife between the colonies to a comfortable issue, has been given in the preceding chapter. That the New Haven people were disappointed in their hope that through Winthrop's influence Connecticut would reverse its action, will appear in the sequel ; but Winthrop's reasons for disap- pointing them are not on record. A cloud of mystery envelops the matter, and we can only exhibit the facts.
484
HISTORY OF NEW HAVEN COLONY.
That Leete and some others of the New Haven com- mittee began very soon to doubt whether things would come to a comfortable issue by means of Winthrop, appears in a letter which Leete wrote to Winthrop on the 20th of July : - 1
" For the Right Worshipful John Winthrop, Esquire, Gou- ernor of Connecticut Colony, at Hartford, These : -
" MUCH HONORED SIR, - In my last I informed you of your very acceptable letter sent us by Major Thompson and Mr. Scott jointly attesting it; the purport whereof suited well with mine to you in England, to make your patent a covert, but no control to our jurisdiction, until we accorded with mutual satisfaction to become one, which I have been and still am a friend to promove in a righteous and amicable way. But truly, I think, a just expedient hath not hitherto been seasonably attended to accomplish the same ; but rather that which hath irritated, and so conduced to the contrary; which to behold hath been a grief to some. [It hath been a grief] to see the strings of the instrument so stretched as to make it untunable to play in consort, the chief music which I delight to hear, especially in jarring times ; and therefore hoped and longed to see it taken into the hand of a more knowing artist, and one apt and inclined to make uniting and composing melody,
as (in my understanding) was sweetly begun to be sounded in the language of your letter. But as yet we find not such harmonious effects to ensue in a practical way as were to be wished for. Wherefore I am desired by our committee, or some of them, to write unto yourself, earnestly entreating that you would please to send us a plain, positive, and particular answer in writing to this question, viz., whether the contents of that your letter aforesaid shall be performed to us or no, according to the genuine sense thereof. Good sir, be pleased that either your own or your com- mittee's answer may be sent us by Mr. Pierson, who intends to visit and wait upon you for the same, as I also should have done, had not something more than ordinary interrupted, together with some hopes we might enjoy your presence here, before your go- ing into the Bay, as was intimated to us. So with many thanks
·
485
CONTROVERSY WITH CONNECTICUT.
and chiefest respects presented from myself and wife unto you all, acknowledging our great engagements for your love and sympathy in your last expressed, I take leave, and remain
" Your cordial friend and servant,
" WILLIAM LEETE. "GUILFORD, July 20, 1663."
"SIR, - Hearing that you sought for your own copy but could not find it when Mr. Jones and Mr. John Davenport were with you, I have here inclosed sent a true copy of your letter as it came to my hands."
From the letter and its postscript we may infer that two. of the committee had conferred with Winthrop in a personal interview, and that upon their report Leete doubted whether Winthrop would abide by the agree- ment he had made in London with Major Thompson and Mr. Scott acting in behalf of New Haven.
On the 19th of August, there was a session of the General Assembly of Connecticut at Hartford, but there is nothing in the record to show that the gov- ernor was present. Action was taken concerning New Haven as follows : viz., " This court doth nominate and appoint the deputy-governor, Mr. Wyllys, Mr. Daniel Clark, and John Allyn, or any three or two of them, to be a committee to treat with our honored friends of New Haven, Milford, Branford, and Guilford, about settling their union and incorporation with this colony of Connecticut ; and they are empowered to act accord- ing to the instructions given to the committee sent to New Haven in March last; and, in case they cannot effect a union, they are hereby authorized publicly to declare unto them that this Assembly cannot well resent 1 their proceeding in civil government as a dis-
1 Resent. to feel back in return; to think over.
486
HISTORY OF NEW HAVEN COLONY.
tinct jurisdiction, being included within the charter granted to Connecticut corporation ; and likewise they are publicly to declare that this Assembly doth desire and cannot but expect that the inhabitants of New Haven, Milford, Branford, Guilford, and Stamford, do yield subjection to the government here established according to the tenor of our charter, which is publicly , to be read in New Haven." On the 26th of the same month, three of this committee, Messrs. Wyllys, Clark, and Allyn, were in New Haven, where they renewed the proposals made by Connecticut in March. The New Haven committee responded by sending the fol -- lowing communication in the handwriting of William Jones : -
"NEW HAVEN COMMITTEE'S PROPOSALS, AUG. 26, 1663.
" To the Honored Committee from the General Assembly of Con- ticut, Mr. Wyllys, Mr. Clark, and Mr. Allyn.
" GENTLEMEN, - In order to a friendly treaty and amicable composure of matters in difference between us, we earnestly desire you would restore us to our entire colony state by dis- claiming that party at Guilford and Stamford ; and so doing, we offer the following queries to your consideration, as matter for such treaty : viz., -
"I. Whether the fundamental laws for government, especially that touching the qualifications of freemen, shall be the same with Boston or ours, (i.e.) members of some one or other of our churches.
"2. Whether our church order and privileges shall not be infringed nor disturbed, and that both the choice and calling in of ministers in each plantation be established a church right forever.
"3. Whether all our present freemen shall be forthwith ad- mitted and empowered to act as your own freemen to all intents and purposes.
"4. Whether any of our former adjudications in our distinct colony state shall be liable to appeals or be called in question.
1
5
487
CONTROVERSY WITH CONNECTICUT.
" 5. Whether we shall be immediately established a distinct county, and to have so many magistrates as necessary, four at least, with a president chosen yearly by our own county court, together with other inferior officers to be nominated by ourselves.
"6. Whether any appeals shall be at any time allowed from our county court in ordinary cases, unless to our own court of assist- ants, and that upon weighty grounds and with good caution, to prevent trouble and charge to the county.
"7. Whether there shall not be a court of assistants at New Haven yearly, or oftener if need require, to try capital causes and hear such appeals, consisting of our own and such other magis- trates as we shall desire by order from our president.
" 8. Whether all our present magistrates and officers shall remain in full power to govern the people as formerly, until new be orderly chosen at the next election court after this agreement.
"9. Whether all rates and public charges granted or levied or due in each colony before this agreement, be paid and discharged by the inhabitants proportionably in a distinct way, and not other- wise.
" 10. Whether at the next election there shall be a committee chosen and appointed of your and our ablest ministers and other freemen, to consult and prepare a body of laws out of your and our laws most consonant to Scripture.
" II. Whether until such a body of laws be framed and agreed upon anew mutually, all matters in our towns and courts shall be issued and done according to our own'laws as formerly.
" 12. Whether all our plantations according to their anciently reputed and received bounds shall not so remain unalterably, but receive confirmation by authority of the patent.
"That such treaty shall not be binding to us without consent of our confederates and general court of freemen.
"Whether the freemen in each of our towns may not make orders for the town affairs.
" These imperfect queries we at present offer to your considera- tion, reserving liberty to propound what further we shall see need- ful, allowed by the patent.
" WILLIAM LEETE,
" In the name and with consent of the committee."
-
488
HISTORY OF NEW HAVEN COLONY.
The next day the Connecticut committee, in reply to these queries, sent the following communication : -
"OUR PROPOSALS IN ANSWER TO THE QUERIES PRESENTED FROM NEW HAVEN COMMITTEE, AUG. 27, '63.
" In answer to the queries propounded to our consideration by the honored committee of New Haven, we present : -
" In reference to the proceedings of the Assembly at Connecti- cut, October last, in entertaining several that presented themselves from Guilford and Stamford, desiring to submit to our govern- ment, which (though according to our charter we apprehend we had power to admit them or any other within our precincts, yet) consideratis considerandis pro modo et ordine, we shall grant that prudent considerations might have directed us in the first place to have had some treaty with our honored friends of these plantations for an orderly settling of themselves with us into a body politic according to our charter, and therefore we are ready to retract those commissions that have been given to any persons that have been settled in public employ either at Guilford or Stam- ford. And it is our earnest desire that no former conceived inju- ries on your part or on ours may obstruct our proceeding with you to an amicable settlement of union as one corporation, and with clemency and candidness each part may accept such proposals as are presented to prudent and serious consideration. And we do hereby declare the propensity and readiness of our spirits fully and finally to obliterate the memorial of all former occasions administered to us, as matter of grievance or offence respecting any of you.
"I. For the first query, we answer that the pattern or founda- tion from which we cannot vary is our charter, nor dare we admit of any fundamental varying from the tenor thereof, but what laws may be concurring therewith and conducible to the public weal of church and state we are ready to grant the establishment thereof; and particularly for qualification of freemen we are ready to grant that they shall be men of a religious carriage, visibly so, having and possessing some competency of estate, and shall bring a cer- tificate affirmative that they are thus qualified from the deacons of the church and two of the selectmen of the town where they live,
£
489
CONTROVERSY WITH CONNECTICUT.
and, if there be no deacons, then some other known and approved persons with the selectmen as before.
"2. That the church order and privileges within these plan- tations, New Haven, Milford, Branford, Guilford, and Stamford, shall not be infringed or disturbed by us, or any from us, and that the choice and call of the church-officers in each plantation shall remain a church-right forever.
"3. That upon our and your union all the present freemen within these plantations shall be forthwith invested with full power to be and act as freemen of Connecticut corporation in all concerns.
"4. That all former transactions in courts and administrations as a distinct jurisdiction shall be totally freed from future callings into question in the Court at Connecticut or elsewhere within our precincts, unless any thing controversial be at present dependent in the Court here.
"5. That the plantations forementioned be immediately upon our union established a distinct county, and to have so many offi- cers as may be sufficient to carry on matters of civil judicature as a county, and shall have power to try and issue all cases according to the tenor of our charter, provided that such cases as respect life, limb, banishment, or total confiscation, shall be issued by a court of assistants, which shall be once a year, or oftener if any thing extraordinary fall out within any of these plantations neces- sitating the same, which court of assistants shall consist of such as are chosen and ordained yearly for these plantations, whereof one shall be the president of the county or moderator of the courts kept in this county, and chosen to that place by the civil officers that attend the county courts; unto which officers for the consti- tuting of the court of assistants shall be added three assistants out of the corporation such as shall be yearly appointed thereunto by the General Assembly held in May, and such as are grieved at the sentence of the county court shall have liberty upon good caution to appeal to the court of assistants ; and that all cases tried by this court or the county court dependent twixt party and party respect- ing damage to the sum of forty shillings or upwards, and likewise capital crimes and offences, shall be tried by a jury either of six or twelve freemen, according as the nature of the case require, but
1
490
HISTORY OF NEW HAVEN COLONY.
in capital cases by a jury of twelve at all times. And further that all civil officers except assistants or commissioners shall be yearly chosen by themselves for and within the precincts of the plantations aforesaid.
"6. That the Worshipful Mr. Leete, Mr. Gilbert, Mr. Jones, Mr. Fenn, Mr. Treat, and Mr. Crane, be and remain in magis- tratical power within this county, and any three or more of them, as they see cause, to have power to keep a county court, they choosing out from amongst themselves a moderator pro tempore, in the president's absence, whom we hereby nominate to be Wor- shipful Mr. Leete for the county, and this to stand in force until an orderly election of officers at general election in May next, at which time the freemen of these plantations shall nominate their proportion of assistants with other plantations in this corporation to be put to election ; and such as shall be yearly chosen by the freemen to that place, together with such as the General Assembly shall commissionate within these plantations, shall for future carry on civil judicature within the county, and they being chosen and sworn to choose out of themselves a president for that year.
"7. That until the election in May next, all matters of civil judicature within this county shall be issued and determined ac- cording to the laws that have been formerly established by New Haven Assembly or such as are in force in the corporation as the officers of this county see cause to attend, being no way repugnant to the tenor of our charter.
"8. That the neighboring plantations either on the Island or main shall have liberty to appeal from the sentence of their courts unto the court of assistants held at New Haven as before de- clared.
"9. We mutually approve of a committee of the ablest persons that may be had amongst yourselves and us, to compact a body of laws out of ours and yours, that may be most suitable to further the establishment of peace and righteousness and the upholding of a well-ordered government in Church and State.
" 10. That the ancient real and established bounds between plantation and plantation shall forever be and remain unalterable.
" II. That the freemen of these plantations shall have power to choose all public county officers except assistants, to wit, commis-
491
CONTROVERSY WITH CONNECTICUT.
sioners, deputies, and constables. As for selectmen who are to order the civil, prudential affairs of the respective towns, they to be yearly chosen by a major vote of the approved inhabitants, with other necessary town officers in your respective places in this county.
"12. That all public charges and levies, due for time past and until this instant, shall be defrayed by the respective towns in this county as formerly, and for those several persons within this county that have subjected to Connecticut government, that they shall also be rated after the sum of a penny per pound for their ratable estates, with the rest of the inhabitants in their respective towns as before expressed.
" Unto these proposals we whose names are subscribed desire a return from the honored committee, whether you are willing to accept of them, to the settlement of your union with our corpo- ration.
"SAMUEL WYLLYS, DANIEL CLARK, JOHN ALLYN.
"NEW HAVEN, 27 August, 1663."
The negotiation between the colonies was at this time in a dead-lock; New Haven refusing to submit, or even negotiate, unless Connecticut would "first restore us to our right state again," and Connecticut offering nothing more than "to retract those commissions that have been given to any persons that have been settled in public employ either at Guilford or Stamford." New Haven insisted that Connecticut should not only re- tract these commissions, but, by two other retractions, disclaim those who had revolted from New Haven to Connecticut, and admit that New Haven was a distinct colony. In September, the controversy was brought before the commissioners of the United Colonies on the following complaint : -
492
HISTORY OF NEW HAVEN COLONY.
" The Complaint of the Commissioners of New Haven, in behalf of that Colony, humbly presented to the rest of the Honored Com- missioners, for their Advice, Aid, and Succor, as followeth :-
"Viz., that sundry of the inhabitants of several of our towns have been taken under the government of Connecticut, and by them encouraged to disown our authority. They refuse to observe their oaths of fidelity, to attend our courts or meetings called by our authority, or to perform other duties with the rest of our people, and so our settled order and peace is much prejudiced.
2. " That constables or officers are, by Connecticut's authority, appointed and set up amongst us, who are very troublesome to us. These things and the sad consequences thereof are so aggrieving to the generality of our people, and like to bring forth such uncom- fortable effects, that we cannot but present the matter to your serious consideration, to take some effectual course that such actings may be recalled and forborne, and the articles of confeder- ation duly observed towards us, a distinct colony, your observant confederates.
" In the name of the Colony of New Haven.
" WILLIAM LEETE.
BENJAMIN FENN.
"BOSTON, 17th September, 1663."
" An Answer to New Haven Gentlemen.
"The commissioners for Connecticut do conceive that there is no such cause of complaint at present from New Haven as hath been mentioned in their paper, there having been divers friendly treaties about the matters in difference, and very amicable propo- sitions and tenders formerly, and now again very lately, pro- pounded by a committee from the court of Connecticut, who had of late a friendly conference upon it with the committee of New Haven, and a copy of those propositions was presented now by Mr. Wyllys, one of the magistrates and one of the said committee of Connecticut, and the said amicable propositions were now read to all the commissioners, and not disliked by them; and we hope they are yet in a fair way of further treaty toward a friendly com- pliance, and are assured that the court at Connecticut did never
-- -- -- -
493
CONTROVERSY WITH CONNECTICUT.
intend to do, nor will do, any injury or wrong to them, but will be ready to attend all just and friendly ways of love and correspond- ence; and, whatever hath been now suggested by way of com- plaint, we doubt not but they will return a fair and satisfactory answer to them when they have notice thereof.
"JOHN WINTHROP. JOHN TALCOTT.
"SEPTEMBER 17, 1663."
New Haven's Reply.
"The commissioners of New Haven Colony cannot approve of the answer or apology of Connecticut commissioners, in saying that they conceive there is no ground for our complaint, the case being as related, and can prove nothing being done to reverse or satisfy upon that account, or promised but conditionally and in treaty only, wherein we have and do desire to carry as amicably towards them as they towards ns ; but how it should be said that the court of Connecticut neither intended nor would do us any wrong, while such injuries as are complained of are not righted, nor yet absolutely promised so to be, we see not, and therefore cannot but desire the sense of the commissioners upon the acting complained of, while it is not known how far those propositions mentioned will be satisfactory to our people, nor what issue will be attained for settlement of affairs according to confederation (in case), which we still cleave unto. " WILLIAM LEETE.
BENJAMIN FENN."
" The Answer of the Massachusetts and Plymouth to the Com- plaint of New Haven is as followeth : -
" The commissioners of the Massachusetts and Plymouth, hav- ing considered the complaint exhibited by New Haven against Con- necticut for infringing their power of jurisdiction, as in the said complaint is more particularly expressed, together with the answer returned thereto by Connecticut commissioners, with some other debates and conferences that have passed between them, do judge meet to declare, that the said colony of New Haven being owned in the Articles of Confederation as distinct from Connecticut, and
-------
494
HISTORY OF NEW HAVEN COLONY.
having been so owned by the colonies jointly in this present meet- ing in all their actings, may not by any act of violence have their liberty of jurisdiction infringed by any other of the United Colonies, without breach of the Articles of Confederation, and that where any act of power hath been exerted against their authority, that the same ought to be recalled, and their power reserved to them entire, until such time as in an orderly way it shall be otherwise disposed; and for particular grievances mentioned in their com- plaint, that they be referred to the next meeting of the commis- sioners at Hartford, where Connecticut, having timely notice, may give their answer thereto, unless in the mean time there be an amicable uniting for the establishment of their peace, the which we are persuaded will be very acceptable to the neighboring colonies.
" SIMON BRADSTREET. President. THOMAS DANFORTH. THOMAS PRINCE. JOSIAH WINSLOW."
By this time Winthrop, as appears from his signa- ture to one of the above documents, had shown that he accorded with the other leading men of Connecticut in their policy toward New Haven. He doubtless feared that if Connecticut, following the advice which he sent from London, should fully and unconditionally retract what she had done, and acknowledge New Haven as a distinct colony, the party of which Davenport and Gilbert were leaders would be able to prevent the success of any negotiations for union under one gov- ernment. For the sake of the common good he repu- diated the engagement he had made, and joined in the effort to force New Haven into submission. He shows, however, the reluctance of a noble mind to do so mean an act, keeping himself in the background, avoiding appointment on the committees successively sent to
---
-
495
. CONTROVERSY WITH CONNECTICUT.
New Haven, and absenting himself from the court when on the 8th of October the following action was taken in regard to New Haven : -
"This court doth declare that they can do no less for their own indemnity than to manifest our dissatisfaction with the proceedings of the plantations of New Haven, Milford, Branford, &c., in their distinct standing from us in point of government ; it being directly opposite to the tenor of the charter lately granted to our colony of Connecticut, in which charter these plantations are included. We also do expect their submission to our government, according to our charter and his Majesty's pleasure therein expressed ; it being a stated conclusion of the Commissioners that jurisdiction right always goeth with patent. And whereas, the aforesaid people of New Haven, &c., pretend they have power of government distinct from us, and have made several complaints of wrongs received from us, we do hereby declare that our Council will be ready to attend them, or a committee of theirs, and if they can rationally make it appear that they have such power, and that we have wronged them according to their complaints, we shall be ready to attend them with due satisfaction. (The Governor absent when this vote passed.) The Court appoints Mr. Wyllys and the Secre- tary to draw up a letter to the New Haven gentlemen, and inclose this act of the court in it."
This action of the General Assembly was probably taken after the receipt of, and with reference to, the contents of the following communication from the New Haven committee : -
" HONORED GENTLEMEN, - Seeing that it hath pleased the Almighty who is our defence, at this session of the Commission- ers, not to suffer any mine to spring for subverting that ancient wall of New England's safety, which Himself hath erected upon the foundation of our so solemn and religious confederation, but further unanimously to establish the same, we thought it might not be unacceptable on our part to present you with our request at this season of your General Assembly's meeting, that you would
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.