USA > Connecticut > New Haven County > New Haven > History of the colony of New Haven to its absorption into Connecticut > Part 36
USA > Connecticut > New Haven County > New Haven > History of the colony of New Haven to its absorption into Connecticut > Part 36
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observe to do according to their conclusions, reminding to recall all and every of your former acts of a contrary tendency and please to signify the same to us before our General Court held the 22d inst., who will then expect it before they return answer to your committee's proposals. Your cordial and ready attendance unto this our request, we conceive, will be no obstruction to an amica- ble treaty for compliance, but rather the contrary if the Lord shall please to own and succeed such endeavors as means for the better flourishing of religion, and righteousness with peace, in this wil- derness. And we cannot apprehend that you need to fear any damage to your patent hereby from his Majesty's taking offence at so honest a carriage, there being no express interdiction of New Haven colony inserted therein, nor any intendment of your agent to have it so injuriously carried against us. And now also have you the encouragement of all your confederates to apologize upon that account, in case any turbulent spirits should suggest a complaint, whom the righteous God can countermand and disappoint, to whose wisdom and grace we recommend you and all your weighty concernments ; resting, gentlemen, your very loving and expectant confederates.
"THE COMMITTEE FOR NEW HAVEN COLONY. " BY JAMES BISHOP, Secretary. "NEW HAVEN, Oct. 6, 1663."
At the General Court for the jurisdiction of New Haven, held Oct. 22, there were read to the freemen the above communication from the New Haven com- mittee to the General Assembly at Hartford, the late decision of the Commissioners maintaining the colony State of New Haven, and the letter of Winthrop to Major Mason and "the rest of the Court there at Hart- ford." "The deputies also signified the mind of the freemen, as not at all satisfied with Connecticut com- mittee's proposals, but thought there should be no more treaty with them unless they first restore us to our right state again."
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"The matter was largely debated, and the Court considering how they of Connecticut do cast off our motion in the forementioned letter and give us no answer, but that contrary thereunto is reported, as that they have further encouraged those at Guilford and Stamford ; therefore this court did now order that no treaty be made by this colony with Connecticut before such acts of power exerted by them upon any of our towns be revoked and recalled, according to Honored Mr. Winthrop's letter engaging the same, the Commis- sioners' advice, and our frequent desires."
At the same court, "after large debate thereupon, it was concluded as best for us, and most feasible as the case now stands with us, that we seek a letter of exemp- tion from his Majesty, and leave the matter concern- ing a patent in our instructions to our agents in England as they shall judge best." For the manage- ment of this affair, a committee was appointed, and for its expenses a rate of three hundred pounds was levied. And as there were many falling off to Connecticut, it was " ordered that the magistrates do give forth their warrants according to law, to attach and make seizure of such personal estate in proportion, for the payment of their rates, who, upon legal demand made, have or shall refuse the same, and that the orders provided in case of distresses be carefully attended ; provided that for the preservation of the public peace, in case of re- sistance and forcible rescue, violence be not used to occasion the shedding of blood saving in their own defence, but that such officer or officers, so by force of arms resisted in discharge of their duty, make report of such resistance and rescue with sufficient proof to
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the magistrate or magistrates or other officer of the . plantation where it happens, in due season to be presented to the General Court."
New Haven, having taken much encouragement from the decision of the Commissioners in her favor, was further strengthened by the reception of two commu-' nications from his Majesty's government, acknowledg- ing her as a distinct colony. One was only indirectly addressed by the home government to New Haven, but the other was especially precious as being under his Majesty's "own princely hand, and sign manual in red wax annexed," and addressed expressly to the governor and assistants of New Haven colony as well as to its confederates. A court of magistrates held in December improved the opportunity to issue the following most loyal proclamation, viz. : -
"Whereas the King's Majesty, by his letter under his own princely hand, and sign manual in red wax annexed, bearing date the 21st of June, 1663, from his royal court at Whitehall, directed to his trusty and well-beloved subjects, the governors and assist- ants of the Massachusetts, Plymouth, New Haven, and Connecticut colonies in New England; and the Lords of his Majesty's most honorable Privy Council, in their letter from his Majesty's court aforesaid, bearing date the 24th of June in the year aforesaid, su- perscribed, ' For his Majesty's special service, To our very loving friend, John Endicott, Esquire, Governor of his Majesty's planta- tions in New England, and to the Governor and Council of the colony of the Massachusetts with the rest of the governors of the English plantations in New England respectively,' and by order of the General Court at Boston entered upon record in that court, particularly directed to the governor of the said colony of New Haven, in which letters his Majesty hath commanded this colony many matters of weight, very much respecting his Majesty's service and the good of this country in general, expecting upon
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his displeasure the strict observance thereof, which this court (most of the towns of this colony being situate by the seaside and so fitly accommodated to fulfil his Majesty's commands) are resolved to their utmost to obey and fulfil; but in their consultation there- about they find, through the disloyal and seditious principles and . practices of some men of inconsiderable interests, some of his Majesty's good subjects in this colony have been seduced to rend themselves from this colony, by which division his Majesty's affairs in these parts (in case some speedy course be not taken for the prevention thereof) is like to suffer, the peace of this country to be endangered, and the heathen amongst us scandal- ized; the which if we should connive at, especially at this time, his Majesty having so particularly directed his royal commands to this colony as aforesaid, we might justly incur his displeasure against us : this Court doth therefore in his Majesty's name require all the members and inhabitants of this colony heartily to close with the endeavors of the Governor and assistants thereof, for the fulfilling his Majesty's commands in the said letters expressed, and in order thereunto to return to their due obedience and paying their arrears of rates for defraying the necessary charges of the colony, and other dues, within six days after the publication hereof, unto such person or persons as are or shall be appointed to collect the same in attendance to the laws and orders of this colony. All which being done, this court shall forever pass by all former disobedience to the government ; but if any shall presume to stand out against his Majesty's pleasure so declared as aforesaid concerning this colony, at your peril be it : this court shall not fail to call the said persons to a strict account, and proceed against them (as disloyal to his Majesty and disturbers of the peace of this colony) according to law."
This Declaration, as it is called in the records, was published in the several plantations. At Stamford it "was violently plucked down " by the Connecticut con- stable, and "with reproachful speeches rejected, though sent in his Majesty's name, and by the authority of our court of magistrates." When published at Guilford,
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Bray Rossiter and others who had submitted to Con- necticut, went to Hartford, claiming protection. "At a meeting of the Council the 28th of December, Mr. Bray Rossiter, John Bishop, Isaac Crittenden, and John Ros- siter presented a declaration dated at New Haven, Dec. 18, 1663, signed by James Bishop, Secretary, which declaration was ordered by the court of magistrates at New Haven aforesaid to be published, &c., as the said declaration declareth ; the said Mr. Rossiter also com- plaining of some threatening expressions that have been by some vented against divers that have submitted to the government of Connecticut.
"This Council having considered the premises, and fearing the peace of the colony will be interrupted by these motions unless some speedy course be taken to prevent it, do nominate and appoint Mr. Wyllys, John Allyn, and Mr. Wait Winthrop, to go to Guilford to treat with Mr. Leete and any other whom Mr. Leete shall desire to join with himself, about the indemnity of the persons and estates of those that have actually joined to our government, according to these following instructions : -
"I. If the said Mr. Leete will give security by his word for the indemnity of the aforesaid persons and estates, then you are to propound some propositions for our uniting, according to private instructions.
"2. If they will attend any such propositions, if you cannot come to a conclusion and issue, you are to appoint a meeting at Middletown for a further treaty, where this Council will send a committee fully empowered to conclude all matters between us and New Haven and the rest.
"3. If none of these propositions will be attended by them, then you are in his Majesty's name, and by order from the Council of
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this colony, to require them to forbear putting in execution their aforesaid declaration against any of those that have joined to our government, and also to administer the oath of a constable to John Meigs, and to require him to use his utmost endeavor to maintain the peace of this colony amongst those at Guilford that have joined to the government of this colony."
To his certificate of the appointment of this com- mittee, the Secretary adds, "Mr. James Richards is desired to attend the service also."
The visit of this committee to Guilford is thus related in "New Haven's Case Stated :" -
" On the 30th of December, 1663, two of your magistrates, with sundry young men and your marshal, came speedily to Guilford, accompanying Rossiter and his son, and countenancing them and their party against the authority of this General Court, though you know how obnoxious they were formerly to this jurisdiction, for contempt of authority and seditious practices, and that they have been the ringleaders of this rent; and that Bray Rossiter, the father, hath been long and still is a man of a turbulent, restless, fractious spirit, and whose designs you have cause to suspect to be to cause a war between these two colonies, or to ruin New Haven Colony: yet him you accompanied in opposition to this colony, without sending or writing before to our governor to be informed concerning the truth in this matter. Sundry horses, as we are informed, accompanied them to Guilford, whither they came at unseasonable hour, about ten o'clock in the night, these short days, when you might rationally think that all the people were gone to bed, and by shooting of sundry guns, some of yours, or of their party in Guilford, alarmed the town; which, when the governor took notice of, and of the unsatisfying answer given to such as inquired the reason of that disturbance, he suspected, and that not without cause, that hostile attempts were intended by their com- pany; whereupon he sent a letter to New Haven to inform the magistrates there concerning matters at Guilford, that many were affrighted, and he desired that the magistrates of New Haven would
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presently come to their succor, and as many of the troopers as could be got,' alleging for a reason, his apprehension of their desperate resolutions. The governor's messenger also excited to haste, as apprehending danger and reporting to them that Branford went up in arms hastening to their relief at Guilford, which the governor required with speed. Hereupon New Haven was also alarmed that night by beating the drum to warn the town militia to be ready. This fear was not causeless, for what else could be gathered from the preparations of pistols, bullets, swords, &c., which they brought with them, and the threatening speeches given out by some of them, as is attested by the depositions of some and subscriptions of others, which we have by us to show when need requires ; and your two magistrates themselves, who ought to have kept the king's peace among their own party, and in their own speeches, threatened our governor that if any thing was done against those men, viz., Rossiter and his party, Connecticut would take it as done against themselves, for they were bound to protect them."
Although it was so late in the evening when the "honored gentlemen " from Hartford arrived in Guil- ford, the following correspondence passed between them and Gov. Leete : -
"GUILFORD, Dec. 30, 1663.
" WORTHY SIR, - After the presentation of our service to your- self, you may please to understand that we underwritten, being a committee authorized by the Council of the Colony of Connecticut, do desire that yourself would be pleased to give us a meeting to- morrow about nine of the clock, to treat of such things as present concernments do require.
" Sir, we desire your answer by the bearer.
" Yours, SAMUEL WYLLYS. JOHN ALLYN. JAMES RICHARDS. WAIT WINTHROP.
" These for Win. Leete, Esquire, at his house in Guilford."
* At a general court for New Haven, Dec. 31, 1663, "Mr. Jones acquainted the town with the business of Guilford the last night, and how
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"GUILFORD, Dec. 30, 1663.
" HONORED GENTLEMEN, - My answer sent before by Jonathan Gilbert was in earnest, to let you know my true capacity and resolution, from which I cannot recede, and rest,
"Yours in what I may,
" WILLIAM LEETE.
" For Mr. Wyllys, Mr. John Allyn, Mr. Richards, Mr. Wait Winthrop."
The record of a general court, occasioned by the visit of the Connecticut gentlemen to Guilford, which was held at New Haven, Jan. 7, 1662, indicates that though Leete refused to give them audience, they had at least some informal conference with him in regard to the Declaration lately published by New Haven. The record is as follows : viz., -
" The publishing of the former Declaration at Guilford occa- sioned Mr. Rossiter and his son to go up to Connecticut, and there obtain two of their magistrates, marshal, and sundry others to come down to Guilford on the 30th of December last; who coming into the town at an unseasonable time of night, their party, by shooting off sundry guns, caused the town to be alarmed unto great disturbance, and some of them giving out threatening speeches. which caused the governor to send away speedily to Branford and New Haven for help, which caused both those towns to be alarmed also to great disturbance, the same night, which caused sending of men both from New Haven and Branford. Now, for the gaining of a right understanding of the business, and to consider what to do upon this and the like accounts, occasioned the calling of this court, though the weather proved very unseasonable.
" But the Court being met together (so many of them as could possibly stay), the governor related the whole business to the best of his remembrance; and among other things he informed the
they had sent away six troopers to see what the matter is, but ordered them not to provoke, neither by word nor action, but to keep the peace."
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Court that those gentlemen of Connecticut, that came down with Mr. Rossiter and his son, did earnestly desire that there might be at least a suspension of the execution of that Declaration till there might be another conference betwixt them and us, wherein they hoped matters might come to a more comfortable issue ; and they very earnestly pressed for such a thing, urging how dangerous the contrary might be, for they said that what we did to those men whom they had admitted, they must take it as done to Connecticut colony. Therefore he now desired to know the mind of the Court, whether they would yield to them so far or no; but the Court, con- sidering how fruitless all former treaties had been, and that they had formerly ordered that there should be no more treaty with them unless they first restore us those members which they had so unrighteously taken from us, therefore did now again confirm the same, and in the issue came to this conclusion : to desire Mr. Davenport and Mr. Street to draw up in writing all our grievances, and then, with the approbation of as many of the committee as could come together, to send it to Connecticut unto their General Assembly, which accordingly was done in March next, which writing you have recorded after the conclusions of this Court with arguments annexed and sundry testimonies both from Guilford and Stamford.
" Then it was also propounded, whether this Court would con- firm the former Declaration sent forth by the magistrates, which was by vote concluded."
The writing which Mr. Davenport and Mr. Street were requested to draw up, was entitled " New Haven's Case Stated." Under this title it may be found in Appendix No. VII., and with it a draught of an answer in the handwriting of the secretary of Connecticut. There is no evidence that any answer was ever for- warded to New Haven. In the opinion of Hollister, "good judgment was shown in abstaining from an attempt to answer it." Hollister says, " In all our New England colonial papers, I have not found a more
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touching and eloquent narrative, nor have I ever seen a more convincing argument." Before this plea of New Haven reached Hartford, the Council of Connecticut had appointed another committee to go to Guilford and New Haven. From a note inserted in their instruc- tions it appears that Gov. Winthrop was to precede them, and make in person such preparation as he could; for their success. These are their instructions : viz., -
" It is agreed by the Council, that if our honored friends of New Haven, Guilford, Branford, Milford, and Stamford, will treat with us for an accommodation, then we will grant and confirm to them all such privileges as they shall desire, which are not repug- nant to the tenor of our charter.
"(This following particular is not to be put in execution before we hear what our honored governor and the rest effect there.)
" But if they will not treat with us and agree for their settlement, then they are hereby ordered to read the charter at a public meet- ing (if they can attain it), and to declare that we expect their sub- mission to his Majesty's order therein contained; and also, to commission those now in place to govern the people there accord- ing to law until further order be taken, and to draw up a declara- tion which shall be publicly made known to the people, whereby they may be informed what rational and Christianlike propositions have been made to the gentlemen there, in several treaties for the settlement of their and our union."
The correspondence between the committees of the two colonies which has been preserved is as follows : viz., -
" 24th 12 m., 1663 [24th February, 166}].
"GENTLEMEN, - In order to treaty we propound as a necessary expedient that you redintegrate our colony by restoring our mem- bers at Stamford and Guilford, that the confederation may be repaired and preserved ; then we have power from our general court to treat with you and to settle agreement, according to God,
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between your colony and ours, for future peace between us, for. ourselves and our posterity mutually, which we shall readily attend upon our receipt of your positive consent to the premises testified by your joint subscription thereunto, being made an authentical act. " WILLIAM LEETE, MATTHEW GILBERT, WILLIAM JONES, BENJAMIN FENN. JASPER CRANE, ROBERT TREAT."
" GENTLEMEN, - In answer to your proposals, and as an expe- dient for the promoting of peace, we propound as followeth : -
" I. In reference to your dissatisfactions respecting divers per- sons of Guilford and Stamford, and to prevent divisions in those plantations, it is agreed that they be ordered to submit to the same authority with their neighbors in those places.
"2. It is agreed that all the elected officers in New Haven, Guil- ford, Milford, Branford, be hereby authorized to administer justice to the people in those plantations according to law, and the people to choose new officers at New Haven at their usual time for that purpose for the management of their affairs within those planta- tions, with due caution that our patent be no way violated thereby.
"3. That all motions or occasions tending to obstruct further union be carefully shunned, and that all past grievances be buried, upon a penalty on any that shall revive them.
" 4. And that it be referred to the prudent consideration of those in place of authority, both in Church and Commonwealth, to think of accommodations most conducible to the settlement of religion and righteousness upon the firmest basis of peace, truth, and unity, for the benefit of posterity ; and that some suitable persons do meet to that purpose, when either the much-honored Mr. Winthrop or Mr. Leete shall judge it a fit season, that so brotherly amity may be propagated to future ages.
" SAMUEL WYLLYS, HENRY WOLCOTT, JOHN ALLYN, JAMES RICHARDS.
"FEB. 25, 1663."
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" GENTLEMEN, - As to your first article in your paper sent us, we query whether it be an authentic act as done by you, or not, till it be confirmed by your General Assembly; which, if it be, we desire that you do signify so much under your hands, as also that they are positively restored to this jurisdiction by virtue thereof.
WILLIAM LEETE, " In the name of the rest of the magistrates. " FEB. 25, 1663."
"GENTLEMEN, - In answer to yours we return that we are ready to make authentic what we have proposed to you, if you please to treat with us as they are propounded.
"JOHN ALLYN, " In the name of the Committee.
"We expect your answer, whether you please thus to treat with . us or not."
A little yielding on either side in this crisis might have led on to negotiation. If Connecticut had or- dered those who revolted to her from New Haven "to submit to the same authority with their neighbors," the New Haven committee were bound by promise to negotiate, but not bound thereby to give up her existence as a distinct colony. Some of her people would, per- haps, have been willing to do so ; but there were others who would never have consented to any arrangement which would annul the fundamental law of New Haven concerning suffrage. Davenport, the champion of this party, writes a few days after the above-written corre- spondence : " The premises being duly weighed, it will be your wisdom and way to desist wholly and forever from endeavoring to draw us into a union under your patent." But New Haven, however divided on the question of uniting with Connecticut, was unanimous
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in refusing to treat till she was redintegrated and acknowledged as a distinct colony. If Connecticut had fully believed that by retracting she could set in motion measures which would result in the absorption of New Haven, she might have sacrificed to the pride of her sister colony the required punctilio. But fearing that that party whose desire was, "that we may for the future live in love and peace together as distinct neigh- bor colonies, as we did above twenty years together before you received and misunderstood and so abused your patent," might become masters of the situation, she would not otherwise than conditionally retract what she had done.
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CHAPTER XXI.
NEW HAVEN SUBMITS.
T HE negotiation between the two colonies was thus in dead-lock, when, "at the close of a long sum- mer day, as the sabbath stillness in Boston was begin- ning, two ships of war-the Guinea, carrying thirty-six guns, and the Elias, carrying thirty - came to anchor off Long Wharf. They were the first vessels of the royal navy that had ever been seen in that harbor. Officers went on board, and brought back intelligence to the town, that the ships had sailed ten weeks before from England, in company with two others, -the Martin, of sixteen guns, and the William and Nicholas, of ten, -from which they had parted a week or two before in bad weather; and that the fleet conveyed three or four hundred troops, and four persons charged with public business. These were Col. Richard Nicolls, Sir Robert Carr, Col. George Cartwright, and Mr. Samuel Maverick." I The other vessels had anchored at Portsmouth three days earlier. -
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