USA > Connecticut > Litchfield County > Goshen > History of the town of Goshen, Connecticut, with genealogies and biographies based upon the records of Deacon Lewis Mills Norton, 1897 > Part 2
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HISTORY OF GOSHEN.
to imprisonment, the sheriff should pursue, apprehend, and commit them. He was authorized, if it should be necessary, to call the militia of the whole county to his assistance.
" In consequence of this riot, the legislature made the act, em- powering the sheriffs and constables to keep the king's peace; and the act for the prevention and punishment of riots and rioters.
" Notwithstanding the firm and determinate measures the As- sembly had adopted, they had information, that in express violation of the law certain persons were undertaking to lay out, and to dis- pose of the lands which lay north, east, and west of Litchfield, and west of Farmington and Simsbury, for their own use and benefit, and for such purposes as they pleased; and that they were actually engaged in the business. A committee was therefore appointed to inquire into the affair, and authorized to arrest any person or per- sons, who were thus trespassing, and to command all assistance which might be necessary for that purpose, and to bring them be- fore the Assembly.
" At the same time, vigorous and effectual measures were taken to arrest and punish the rioters who had broken the common gaol. But they were so turbulent, and their party so strong, that it was with much difficulty and danger, they were arrested and brought before the court. Some of the magistrates were afraid to proseente them even upon complaint. But those resolute men, Colonel William Whiting and Major Joseph Talcott, when they engaged to assist them, finally arrested and brought them before the court. But so extraordinary were their exertions, expensive time, and the dangers to which they had been exposed as to life and limbs, that the legis- lature judged that the common fees in such cases were by no means a proper compensation for their services. A committee was ap- pointed to consider their expenses and dangers, and to make them a reasonable compensation.
" The rioters were fined twenty pounds a man, beside costs, which was not less than about five pounds for each man. When they found that they must submit to the authority of the govern- ment, they preferred a petition to the Assembly, praying for an abatement of their fines. The legislature made them some small abatement, but it cost them about twenty pounds a man.
" These were indeed evil times. Men, with an uncommon ob- stinacy, resisted the laws, and trampled upon the authority of the legislature. Though they had adopted such firm and spirited meas- ures to prevent trespass, and preserve the lands in dispute for the benefit of the Colony, yet a number of hold men, John Seymour, Samuel Catlin, and William Baker, of Hartford and Thomas More
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HISTORY OF GOSHEN.
and Joh Ellsworth of Windsor, ventured to lay out a whole township of the colony's and on the north of Litchfield and pretended to claim the land as their own."
From the foregoing description of the territory, it would appear that the township so laid out included the whole or part of what is now the town of Goshen. The assembly having appointed a committee, consisting of James Wadsworth, John Hall, and Hez. Brainerd, Esquires, to meet representatives of the towns of Hartford and Windsor, and agree, if possible, upon some basis of settlement of the differences between them, reported at the May session, 1726, the terms agreed upon, which were adopted by the assembly, as follows :-
(Colonial Records, Vol. VII, p. 44.)
" Proposed to the Corumittees of Hartford and Windsor, That the whole tract of land claimed by said towns be equally divided between the government and said towns, in the following manner to he done.
"1. That the government have the western side thereof, and said towns to have the eastern side thereof.
"2. That Litchfield do not come into said division, but belong to the proprietors thereof.
"3. That those lands disposed of to particular persons by the government, and what lands disposed of by said towns to Ben Fairweather and to New Milford, do not come into the said division. "James Wadsworth, John Hall, Hez. Brainerd."
"The above proposal made by James Wadsworth, John Hall, and Hez. Brainerd, Esq'rs, to the committees of Hartford and Wind- sor, in reference to the western lands, the said committees having under their hands signified to this Assembly their acceptance of said proposal: Whereupon this Assembly do accept of said pro- posal, and order said land to be divided between the government and said towns according to said proposal, and that the said towns of Hartford and Windsor shall have a patent under the seal of the Colony, signed by the Honble the Deputy Governor and Secretary, for the holding their part of said lands according to the said proposal; provided the said towns do by their committees release to the Gov- ernour and Company of this Colony all the right that said towns have in the half of said lands, as described in said proposal; and said patent and release to be executed (with all convenient speed)
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HISTORY OF GOSHEN.
upon the dividing and bounding out of said land according to the said proposal. And James Wadsworth, John Hall and Hez. Brain- erd, Esq'rs, or any two of them, are appointed to be a committee to joyn with such committees as the towns of Hartford and Windsor shall appoint to make a division of said lands according to the above act."
Legislative committees in those days resembled similar committees in the times that we have fallen upon, for at the next session of the Assembly, in October, we find this com- mittee reminding that body of the great service they have rendered the colony, and suggesting that they receive suitable remuneration. The following act was passed, and later we shall learn how the names of these three men become further identified with the history of the town.
(Colonial Records, Vol. VII, p. 58, Oct. Session, 1726.)
" Upon the memorial of James Wadsworth, John Hall and Hez. Brainerd, Esq'rs: This Assembly grants to each of them one hundred acres of land, to be laid out in the westward ungranted lands of this government, to be laid out in one entire piece next ad- joyning to the north or south sides, viz. the whole three hundred acres; which respective grants are in consideration of their good service done to the government."
The three men who had served the colony so faithfully, were made a committee to " lay out the western lands in this government," but one of the committee, Hez. Brainerd, died while attending a session of the assembly, May 24, 1727, and Captain Joseph Whiting was appointed "in the said Brain- erd's room."
It would appear from the records, that there was no laying out of towns by this committee, and the western lands were lost sight of for a time.
Meanwhile a final settlement and division with the Hart- ford and Windsor proprietors had been made. At the May session, 1731, we find Captain Thomas Seymour and Lieut. Roger Newbury memorializing the assembly and representing that they were authorized on behalf of the Hartford and Wind- sor proprietors of the western lands, to make a division of all
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HISTORY OF GOSHEN.
such lands as were then undivided, and asking the assembly to appoint a committee fully empowered to act with them, and to make such division. Whereupon, James Wadsworth and Edmund Lewis, Esquires, were appointed such a committee, and by this joint committee the final division was made.
After four years the interests of the colony in the lands was brought to the attention of the assembly, and at the ses- sion held in June, 1731, a committee was appointed to consider and report to that body as to the best manner of disposing of them.
" To the Honourable the General Assembly, sitting at Hartford, June 1, 1731:
" Whereas this Honourable Assembly, at your present session, were pleased to appoint us your committee, to consider what may be best or proper for the Assembly to do with the western lands belonging to this corporation, and to draw up our opinion therein and make report thereof to the Assembly; in obedience to your Honours command, we have perused the map of that land drawn by Mr. Kimberly, and otherwise, gained the best information of the lands we could in the short space of time allowed us; and having considered the same, we are of opinion, that it may be best and most proper for this Assembly to appoint some meet persons to lay out five towns in the said lands, on the eastward of the Ousatunnuck River; four of which towns we think may be accomodated north- ward of Litchfield and a line drawn from Litchfield northwest corner to the Ousatunnuck River; and one town between Litchfield and the Ousatunnuck River; and that the persons by the Assembly appointed for this service make report of their doings herein to this Assembly in October next, with their opinion of the goodness or the barrenness of the lands in each of the said townships: but if the services cannot be done by them so as to make their report to the Assembly in October next, that then they make their report to the Assembly in their session in May next; and that upon the making their report, the Assembly then proceed to dispose of and settle said lands, in such manner and method as they in their great wisdom shall think best. All which we humbly submit to the consideration of the Assembly.
Roger Wolcott, John Riggs,
Edmond Lewis, Samuel Willard,
John Marsh, Ebenezer Silliman,
Thomas Huntington, Committee."
The above report was accepted and approved by the assem-
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HISTORY OF GOSHEN.
bly, and Edmond Lewiss, Esqr., Capt. William Judd, and Capt. John Buell, are appointed a committee to do the work of laying out the towns, as mentioned therein.
" October Session, 1731.
" The report of Edmund Lewis, Esqr., John Buell and William Judd, appointed a committee to lay out the western lands into town- ships, was read and approved by this Assembly, and order that the committee desist from any further proceedings, as to the viewing of the goodness and badness of the land, till this Assembly give further order."
At the October session, 1732, the Rev. Samuel Andrew, Eliphalet Adams, Elisha Williams, and others, trustees of Yale College, asked for an appropriation of a part of these lands for the benefit of that institution. The petition was granted, and the explanation of what is called the Yale College land in Go- shen, is found in the grant and order, " that in each of the five new townships laid out east of the Ousatonnuc river, there shall be laid out in one entire piece, 300 acres of land, which tracts of land, containing in the whole 1500 acres, shall, when laid out, be granted to the trustees of said college, to have and to hold to them and their successors, trustees of the said college, for the only and sole use, benefit and behoof of said school, forever, and to no other use."
Portions of the college lands were leased for 999 years, the terms of the lease being, in part, as follows, viz. : that the lessee " will well and truly pay and deliver unto the said President and Fellows, or their order on the ninth day of September next, and of the ninth day of September yearly, and every year during the continuance of this lease, one pepper-eorn, if demanded on the premises." It goes on to say that if the rent named shall not be paid when demanded, that the college may take possession of the property. The signatures "Timothy Dwight President " and of " Timothy Dwight, Jun." are bold and plain, although written more than one hundred years ago.
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HISTORY OF GOSHEN.
The report, finally made as to the laying out of the western lands, was presented and adopted, at the May session of the As- sembly, 1733. That report and the act recommended by the report are as follows.
(Colonial Records, May, 1733.)
" To the Honorable the General Assembly of the Coliny of Connecti- cutt, now convened:
" We, the subscriber's, your Honours' committee appointed, con- sider, draw up and make report, what we think proper to be done in order to the disposal or dividing of the several townships laid out in the western lands, have considered thereof, and, with submission to your Honours, take leave to report our opinion thereon, as fol- loweth, (viz:)
" First, that an act be made and passed at this assembly, grant- ing all the monies which shall be raised by the sale of the seven towns, lately laid ont in the western lands, to the towns of this Colony that are now settled, to be divided to them in proportion ac- cording to the list of their polls and rateable estate in the year last passed. and to be secured and forever improved for the use of the schools kept in said towns according to law.
" 2ly. That, in order to the selling settling of said townships, a committee be chosen in each county, who shall enter the names of the persons who shall desire to be purchasers of said townships and settle the same under such regulations as this assembly shall order, with the sum that each person shall offer to pay for a share in such township, there being fifty shares in each township, besides three shares that shall be set apart, one for the first minister that shall be there settled, to be conveyed to him in fee, one to be seques- tered for the use of the present established ministry forever, and one for the use of the school or schools in such towns forever. And the committee in the county of Hartford shall take the subscriptions for the township No. 1, being the northeastern town, and the norther- most township on the west side Onsatunnuck; and the committee of the county of Newhaven shall take the subscriptions for the town- ship No. 2, being the southeast town, and the southern town on the west side said river; and the committee of the county of Newlondon shall take the subscriptions for the township No. 3, being the north- west town; the committee of the county of Fairfield shall take the subscriptions for the township No. 4, being the middle town bounded west by Ousatunnuck River; and the committee for the county of Windham shall take the subscriptions for the township No. 5, being
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HISTORY OF GOSHEN.
the lower or southern town, and is bounded westwardly by Ousatun- nuck River. Which subscriptions taken by the committees as aforesaid, shall be transmitted to the General Assembly at their sessions in October next. All which is submitted by,
James Wadsworth, Andrew Burr,
William Throop, Nathl. Willard,
Samuel Hill, Samuel Willard.
" Which report is by this assembly accepted, allowed, and im- proved."
In pursuance of the foregoing the assembly appointed as committees to take in subscriptions, Nathaniel Stanley, Esqr., and Capt. John Marsh, in the county of Hartford, and Joseph Whiting, Esqr., and Mr. John Pront, in the county of New Ilaven.
The assembly next passed an act for the encouragement of schools, as follows :-
"An Act for the Encouragement and better Supporting the Schools that by Law ought to be kept in the several Towns and Parishes in this Colony.
"Be it enacted by the Governor, Council and Representatives, in General Court assembled, and by the authority of the same,
" That the seven towns lately laid out in the Western Lands, (as commonly called) shall be disposed of and settled according to such time and regulations as this Assembly shall order; and that the money that shall be given by such as may be allowed to settle in said towns for the land there shall be improved for the support of the aforesaid schools, (viz.) those schools that ought to be kept in those towns that are now settled, and that did make and compute lists of their polls and rateable estate in the year last passed; and such towns shall receive said money, every town according to the proportion of said list, and each parish to receive in proportion ac- cording to their own list given in as aforesaid the last year; all which money shall be let out, and the interest thereof improved for the support of the respective schools aforesaid forever, and to no other use: and the committee of each parish, or town (where there is but one parish,) shall receive the proportion of money arising as afore- said, and give a receipt, (which receipt shall be delivered to the Secre- tary and kept in his office,) that they have received such a sum of money to be let out and improved for the support of a school in such town or parish where they are a committee as aforesaid. And that if at any time the said money, or interest thereof, shall be, by
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HISTORY OF GOSHEN.
order of such town or parish, or the committee chosen by then, put to or employed for any other use than for the support of a school there, that then such sum of money shall be returned into the Treas- ury of the Colony, and the Treasurer of the Colony shall, upon re- fusal thereof, recover the same sum of such town or parish for the use of the Colony; and such town or parish that have misimproved such money shall forever lose the benefit thereof.
" This Assembly observing that disputes do or may arise, whereby the partition of lands whereof there are many proprietors may be very much perplexed, for want of a fixed and determinate period wherein the right and property of the said lands are changed from a common to a particular interest, by means of entries which may be made thereon, either by strangers or any of the proprietors in com- mon, after an agreement to make partition and before the actual surveys are made and recorded in the several towns where the lands lie;
" Which inconvenience to prevent,
"Be it enacted by the Governour, Council, and Representatives, in General Court assembled and by the authority of the same,
" That partition of the lands aforesaid shall not be deemed and looked upon as perfect and compleat in the Law till the surveys as aforesaid are actually made and recorded as aforesaid, and shall be esteemed as an estate in common and undivided in the hands of the proprietors."
The grant to the " Esquires " had been surveyed, and a part, perhaps the whole, of the tract had been sold by them, and occupied in 1737. The remainder of the township was not yet in the market. At this time there were capitalists who were accustomed to invest in the wild land of the new towns, and were as anxious to get in on " the ground floor," as their suc- cessors of to-day. Besides these, there were families with " ten stalwart sons," who must needs " go West " to find farms for all, the " West " meaning to them, the northwestern part of Connecticut. Both these classes and many others were urging the sale of the " Western Lands," and the Assembly, in Octo- ber, 1737, passed an act which provided for the sale at New Haven and in May, 1738, enacted " that the township sold at New Haven, by order of the Assembly, on the first Tuesday of December last, is hereby named, and shall forever hereafter be called and named, Goshen."
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HISTORY OF GOSHEN.
" Oct. 1737.
" An Act for the Ordering and Directing the Sale and Settlement of all the Townships in the Western Lands.
" Be it enacted by the Deputy Governour, Council and Representa- tives, in General Court assembled and by the authority of the same,
" That all the townships in the western lands, on both sides of the Ousatunnuck River, be disposed of and settled, and that each town on the side of said river shall be divided into fifty-three rights, (ex- clusive of the lands granted to the college, and all former grants of this Court that are surveyed and recorded in the public records of this Colony and are lying in either of said towns,) of which fifty- three rights, one shall be for the use of the ministry, forever, that shall be settled in the town according to the constitution and order of the churches established by the laws of this government, as is provided in the first paragraph in the act entitled An Act relating to ecclesiastical affairs; one for the first gospel minister settled as afore- said; and one of the right and support of the school in such town; and the same rules shall be attended in every of said townships, being five in number; and the remaining fifty rights in said town shall be sold at a public vendue to the highest bidders, being of his Majesties subjects inhabitants of this Colony that will settle and inhabit at least three years in such towns, and to no other persons. Further, the two townships on the west side of the Ousatunnuck River shall be divided, the northwest into twenty-five rights and the southwest into fifty-three rights, and that the same reserves be made in either of them for ministry, ministers and school lands, as are resolved to be made in the five townships above said.
" It is further enacted by the authority aforesaid, That any per- son qualified as above said, and being desirous to purchase an interest in said lands, and proposing to settle the same per his agent, being esteemed able and likely to do and perform all duties and orders of the place, shall be allowed to do so; and every pur- chaser shall be obliged, within three years next after that purchase, to build and finish an house of eighteen feet square and seven feet stud, and subdue and fence at least six acres of land in such town where he is the settler or hath fixed his agent; and no person shall have any benefit by their purchase, but shall be liable to forfeit the same unless by himself or his agent he perform all duties, pay taxes, &c. as shall be enjoyned.
" Ageeably to which, it is further enacted by the authority aforesaid, That the town joyning to Litchfield north line, and east- wardly on Torrington, be set up and sold at the Court House at New llaven, at vendue as above said, till the whole be sold; and that the
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HISTORY OF GOSHEN.
same be set up at sixty pounds per right; and that Samuel Eells, Esq, and Joseph Whiting Esqr, and Capt. Isaac Dickerman, or any two of them are appointed a committee to sell and assign the rights, take bonds and give deeds with defeazances, in manner and form as hereafter in this act shall be directed.
" And it is further enacted by the authority aforesaid, That the several committees appointed for the sale of the said townships in the respective counties, are hereby authorized and fully im- powered, in the name of the Governour and Company, to execute deeds of conveyance of the several rights or parcels of land afore- said to the highest bidders, qualified as aforesaid, with conditions to each deed annexed, that if the purchaser do, by himself or his agent, enter on the said land within two years next after the pur- chase of the right, and do build and finish an house thereon not less than eighteen feet square, seven feet stud, and do fence and clear six acres of land and do continue thereon for the space of three successive years commencing after the two years aforesaid, (unless prevented by death or inevitable Providence,) then the said deed to remain in full force and virtue; but on default or neglecting either or all of the said articles, the same shall be void and of non-effect. And the several committees in the respective counties aforesaid shall take bond obligatory in double the sum for which each right shall be respectively sold, on each respective purchaser to whom the same shall be sold, together with one good surety with him pay- able to the Treasurer of this Colony for the time being, for the use of the Governour and Company of said colony within two years after the purchase of such right."
THE ESQUIRE'S FARM.
At a session of the General Assembly holden at New Haven, October, 1726, upon the memorial of James Wads- worth, Esquire,* of Durham; John Hall, Esquire, of Wal-
* Iiistory of Durham: - " Colonel James Wadsworth, born July 6, 1675, Farmington. He was bred a lawyer, but was engaged but little in its practice. The people of Durham gave him almost all the offices at their disposal. He was justice of the Quorum for the county of New Haven. He was speaker of the House, 1717, and assistant from 1718 to 1752. The election to that office was by a general ticket and such was the confidence of the people of the colony in his ability and integrity at a period when ability and in- tegrity were the indispensable qualifications for office, that on the returns for the year 1732 he had the higliest vote for any one in the colony. In May, 1724, he was appointed, with several other gentlemen, to hear and determine all matters of error and equity brought on petition to the Grand (?) Assembly, and from 1725 until he left the council, was one of the judges of the Superior Court."
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HISTORY OF GOSHEN.
lingford; and Hezekiah Brainard, Esquire, ** of Haddam, a resolution was passed granting " to each of them one hundred acres of land, to be laid out in the westward ungranted lands of the government, to be laid out in one entire piece next ad- joining the north or south sides, viz .: the whole three hundred acres; which respective grants are in consideration of their good service done the government."
It seems that the Colonial legislatures were accustomed to make grants of farms to distinguished men for service ren- dered the state. By this method the Colony could show its gratitude for services rendered, without direct expense to the people. At the session of the legislature at which this grant was made, these men, with nine others, were honored with the title of Esquire on the records.
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