USA > Connecticut > Tercentenary pamphlet series, v. 1 Connecticut and the British Government > Part 43
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The present towns within this Indian Territory are: Saybrook, Essex, Old Saybrook, Westbrook, Clinton, and part of Killingworth and Madison.
The Menunketucks
IN the earliest days of settlement, this small tribe was governed by a sunksquaw or queen, named Shaumpishuh. She was the sister to Momauguin, sachem of Quinnipiac. Their female chief soon sold their land to the white set- tlers and the tribe removed to Branford and East Haven, where they joined the Quinnipiacs.
From the Guilford records we learn that fourteen men, six women, and fourteen children followed their squaw- queen to merge with the people living in the sachemdom of Momauguin.
This Indian territory comprises the present township of Guilford and nearly all of Madison. It was bounded on
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the north by the Wangunk country, on the south by Long Island Sound, on the east by Aigicomock (East River), and on the west by a place called Kuttanoo, near the present eastern boundary of East Haven.
The Paugussetts
THIS tribe consisted of five clans which sometimes were taken as distinct tribes. These were the Wipawaugs, Un- kowas, Potatucks, Pomeraugs, and the Naugatucks. The student need not go deeply into research work to find that these were all one people. Indian law forbade intermar- riage within the clan but allowed marriage within the tribe, if outside of the clan. Thus we find relationship by marriage throughout this tribe. "We find the names of the same chieftains appended to the native deeds of sale preserved in the records of both Stratford and Milford," says De Forest, but this does not prove that they were one people which he thinks it does. We find the marks of other sachems on deeds of land outside of their own terri- tory everywhere throughout Connecticut.
According to Indian custom it was considered honor- able and a mark of respect to ask neighboring sachems to agree with another sachem in a transaction of business.
But when we read in the records that Nunsantaway, sachem of Milford, was the father of Ockenuck, sachem of Stratford, and that the grand sachem living at Derby was the father of Nunsantaway, then we readily see that these people were one tribe; and the large shell heaps along their coast prove that their ancestors lived here for many centuries.
Their name seems to be derived from pog-kussit which denotes a swift current in a river, where the channel is descending a rapid.
The Paugussett country had no definite northern
30
boundary, for because of the danger of Mohawk attacks upon them they dared not go beyond the villages of the Pomeraugs, in what is now Woodbury and Middlebury. On the south their hunting grounds extended to Long Island Sound, on the east it abutted on the lands of the Tunxis and Quinnipiacs. Their western boundary is also unknown, because the disputed boundary line between New York and Connecticut has been altered and original native land sales of townships bordering on the state line can no longer be traced accurately. On the southwest the Paugussett territory met the country of the Siwanogs.
Besides the foregoing named sachems, the records of various towns mention : Arracowset, Anshuta, Manamat- que, Tontanimoh, Shoram, Mauquash, Massumpus, and others. The last chief who claimed sachemship over the whole tribe was Konkapotanauk, who died at his home in Derby, 1731. After the death of this chief, some went to the Five Nations or Iroquois, while others gradually joined the Scatacooks at Kent.
A few individuals were still living in 1850 in various places but have now entirely disappeared.
The present towns within this Indian territory are: Orange, Milford, Stratford, Fairfield, Bridgeport, West- on, Easton, Trumbull, Shelton, Ansonia, Woodbridge, Derby, Seymour, Monroe, Redding, Bethel, Danbury, Bridgewater, Southbury, Newtown, Oxford, Beacon Falls, Bethany, Naugatuck, Middlebury, Waterbury, Woodbury, Roxbury, and part of Wolcott, Prospect, Plymouth, and New Fairfield.
The Siwanogs
IT cannot be disputed that the Siwanogs were members of the Wappinger confederacy in New York. Their terri- tory extended into what is now Connecticut and includes
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the towns of Greenwich, Stamford, Darien, Norwalk, New Canaan, Wilton, and Ridgefield. Their tribal name seems derived from Sewan, shells, auk, ac, or og, place.
These Indians soon withdrew after settlements were made, into what is now Ridgefield and part of Fairfield; an aggregation was formed by them under such sachems as Catoonah, Woquacomick, Waspahchain, Wawkama- wee, Naranoka, and Caweherin, who called themselves Ramapoo. This name signifies that these people did not intend to settle here permanently, for if we define the word we see the following: Rama or rame, means within, poo denotes motion. Thus we have the phrase, "within motion" or the meaning of the word en route. They were on their way to join the Wappinger people of which they were a part. Soon after they sold all their lands, they melted away to parts unknown.
All they left behind are a few names of places such as Miossehassaky, Petaquapaen, Saugatuck, Noroton, and the names of their sachems before they removed to Ramapoo. We find the names of Ponus, Wasscussue, and Mahackeno, sachems at the coast.
The Scatacooks
THIS tribe was founded by a Pequot named Mauwehu, when the remnants of other tribes were retreating before the advancing colonists who became more and more numerous. The once powerful Mohawks dared no longer attack Connecticut Indians who gradually moved into the unbroken wilderness in what is now the northwest corner of the state of Connecticut. We find bands of In- dians, who had settled near New Milford and later at Kent, forming a new tribe, known as the Scatacooks.
Mauwehu invited all to come and join him and we read that families of Mohegans, Pequots, and New Milford
32
Indians answered his call and removed to Kent. In fact, immigrants flocked in from all parts of Connecticut.
In 1742, Moravian missionaries arrived and began to convert the Scatacooks. Many accepted Christianity as their religion and a church was built. It is said that about one hundred and fifty Scatacooks were baptized. A few years later they joined the Iroquois League but never participated in warfare.
Soon, too, the white settlers appeared and the town- ship of Kent was sold to them, not by the Scatacooks, but by the colony of Connecticut.
Reservations, however, were laid out for the Indians and the remnant of this tribe still lives on one of the original reservations.
In the year 1801 there were only thirty-five individuals of this tribe living at Kent. In 1849, there were but eight or ten of full blood besides twenty or thirty half breeds. Those living today are all of mixed blood.
Books
REGARDING INDIANS OF CONNECTICUT:
CHARLES DEWOLF BROWNELL, Indian Races of North and South America.
JOHN W. DE FOREST, History of the Indians of Connecti- cut.
ALVIN G. WEEKS, Massasoit of the Wampanoags.
FRANK G. SPECK, Native Tribes and Dialects of Connecti-
cut, separate from the Forty-third Annual Report of the Bureau of American Ethnology.
J. HAMMOND TRUMBULL, Indian Place Names in Con- necticut.
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Printed at the Printing-Ofice of the Yale University Press
$74.6 1054 10.20
Connecticut. History PUBLIC LIBRARY FORT WAYNE & ALLEN CO., IND.
TERCENTENARY COMMISSION OF THE STATE OF CONNECTICUT
QUI
SUSTINET
TRANSTULIT
COMMITTEE ON HISTORICAL PUBLICATIONS
The Fundamental Orders of Connecticut
PUBLISHED FOR THE TERCENTENARY COMMISSION BY THE YALE UNIVERSITY PRESS
1934
TERCENTENARY COMMISSION OF THE STATE OF CONNECTICUT
COMMITTEE ON HISTORICAL PUBLICATIONS
The Fundamental Orders of Connecticut
MONG the many valuable records preserved in the office of the secretary of the state at Hart- ford none is more precious than the volume containing the earliest minutes of the Gen- eral Court of Connecticut from April 1636 to December 1649. Unfortunately, with the exception of a single brief entry on page II, pages II to 22 inclusive are blank and correspond with a gap in the records from April 5, 1638 to April 11, 1639. Consequently there exists no contem- porary official account, and there is no contemporary unofficial one, of the circumstances attending the adop- tion of the Fundamental Orders on January 14, 1639. The Orders as reproduced in this Pamphlet are taken from pages 220 to 227 of this same volume of records where they were entered, at an unknown date, in the hand- writing of Thomas Welles, secretary of the Colony, 1641- 1648. The only other early manuscript copy of the Orders to survive appears in the second volume of General Court records, but is incomplete, dates from 1650 or later, and shows some amendment of the original text. The Orders seem to have been first printed in two scarce works, the first issued at New Haven in 1804 and the other at Hart- ford in 1822.
I
In the minutes of the General Court for December I, 1645 appears the following phrase: ". .. , the generall Orders formerly made by this Court ... " There can be little doubt that this statement means that the Funda- mental Orders were adopted by the General Court and not by an assembly of "all the free planters" as Reverend Benjamin Trumbull declared, on what authority cannot be surmised, in his valuable History of Connecticut written more than a century and a half after the event. As at least eight of the members of the General Court in 1645, including the secretary, Thomas Welles, were probably members in 1639, the statement would seem to afford authentic first-hand evidence.
It has been customary to ascribe the general character and content of the Orders to Reverend Thomas Hooker of Hartford who preached before the General Court on May 31, 1638, a memorable sermon on the text, Deuter- onomy I:13, which is presumed to have presaged the Orders. The legal phrasing of the Orders on the other hand indicates the work of one trained not in divinity but in law. So far as is known the one individual at that time resident in the three Connecticut river towns who pos- sessed such training was Roger Ludlow of Windsor, to whom it may be presumed that the actual authorship of the Orders should be credited. To what extent Hooker and Ludlow may have conferred and cooperated, and what contribution, if any, was made from other sources can only be pure surmise. The earliest recorded use of the phrase "Fundamental Orders" to designate this docu- ment is found in the minutes of the General Court for November 10, 1643. The Fundamental Orders, with some amendment, served the settlers of Connecticut as their constitution until they received the charter from Charles II in 1662.
GEORGE M. DUTCHER
2
F ORASMUCH as it hath pleafed the Allmighty God by the wife difpofition of his diuyne pui- dence fo to Order and difpofe of things that we the Inhabitants and Refidents of Windfor Hart- ford and Wetherffield are now Cohabiting and dwelling in and vppon the River of Conectecotte and the Lands thereunto adioyneing, And well knowing where a people are gathered togather the word of god requires that to mayntayne the peace and Vnion of fuch a people there fhould be an Orderly and decent Gouerment eftablifhed according to God to Order and difpofe of the affayres of the people at all feafons as occation fhall require. Doe therefore affotiate and conioyne our felues to be as one Publike State or Coñon welth, and doe for our felues and our Succeffors and fuch as fhall be adioyned to vs att any tyme hereafter enter into Combination and Confed- eration togather to mayntayne and p'fearue the liberty and purity of the gofpell of our lord Jefus wch we now pfeffe, as alfo the difciplyne of the Churches wch ac- cording to the truth of the faid gofpell is now practifed amongft vs, As alfo in o' Ciuell affaires to be guided and gouerned according to fuch lawes Rules Orders and de- crees as fhall be made Ordered & decreed as followeth.
I It is Ordered fentenced and decreed that there fhall be yerely two generall Affemblies or Courts, the on the fecond thurfday in Aprill the other the fecond thurfday in feptember following, the firft fhall be called the Courte of Election wherein fhall be yerely Chofen fro tyme to tyme foe many Mageftrats and other publike Officers as fhall be found requifitte: Whereof one to be chofen Gouer- nour for the yeare enfueing and vntill another be chofen and noe other Mageftrate to be chofen for more then one yeare, puided allwayes there be fixe chofen befids the Gouernour wch being chofen and fworne according to an
3
Oath recorded for that purpofe fhall haue power to adminifter iuftice according to the Lawes here eftablifhed, and for want thereof according to the rule of the word of god wch choife fhall be made by all that are admitted freemen and haue taken the Oath of Fidellity, and doe Cohabitte wthin this Jurifdiction [hauing beene admitted Inhabitants by the maior pt of the Towne where in they liue ]' or the mayor pte of fuch as fhall be then přfente.
2 It is Ordered fentenfed and decreed that the Election of the aforefaid Mageftrats fhall be on this manner euery pfon p'fent and quallified for choyfe fhall bring in (to the pfons deputed to receaue the) one fingle pap wth the name of him written in yt whom he defires to haue Gouerno' and he that hath the greateft nüber of papers fhall be Gouernor for that yeare; and the reft of the Mageftrats or publike Officers to be Chofen in this man- ner. The Secretary for the tyme being fhall firft read the names of all that are to be put to choife and then fhall feuerally nominate them diftinctly, and euery one that would haue the pfon nominated to be chofen fhall bring in one fingle paper written vppon, and he that would not haue him chofen fhall bring in a blanke. and euery one that hath more written papers then blanks fhall be a Mageftrat for that yeare wch papers fhall be receaued and told by one or more that fhall be then chofen by the court and fworne to be faythfull therein, but in Cafe there fhould not be fixe chofen afaforefaid befids the Gouernor out of thofe wch are nominated, then he or they wch haue the moft written paps fhall be a Mag- eftrate or Mageftrats for the enfueing yeare to make vp the forefaid nuber.
3 It is Ordered fentenced and decreed that the Secre-
I The words in brackets were interlineated, probably by a different hand.
4
tary fhall not nominat any pfon, nor fhall any pfon be chofen newly into the Mageftracy wch was not ppownded in fome Generall Courte before to be nominated the next Election, and to that end yt fhall be lawfull for ech of the Townes aforefaid by their deputyes to nominate any two whõ they conceaue fitte to be put to Election, and the Courte may ad fo many more as they iudge requifitt.
4 It is Ordered fentenced and decreed that noe pfon be chofen Gouernor aboue once in two yeares and that the Gouernor be alwayes a mẽber of fome approued congre- gation and formerly of the Mageftracy wthin this Jurif- diction and all the Mageftrats Freemen of this Comon welth and that no Mageftrate or other publike Officer fhall execute any pte of his or their Office before they are feuerally fworne wch fhall be don in the face of the Courte if they be p'fent and in Cafe of abfence by fome deputed for that purpofe.
5 It is Ordered fentenced and decreed that to the aforefaid Courte of Election the feu"all Townes fhall fend their deputyes and when the Elections are ended they may pceed in any publike fearuice as at other Courts, Alfo the other Generall Courte in September fhall be for makeing of lawes and any other publike oc- cation, wch conferns the good of the Comon welth.
6 It is Ordered fentenced and decreed that the Gour- nor fhall ether by himfelfe or by the fecretary fend out fumons to the Conftables of eu' Towne for the cauleing of thefe two ftanding Courts on month at left before their feutall tymes, And alfo if the Gou'nor and the greteft pte of the Mageftrats fee caufe vppon any fpetiall occa- tion to call a generall Courte, they may giue order to the fecretary foe to doe wthin fowerteene dayes warneing and if vrgent neceffity fo require vppon a fhorter notice, giueing fufficient grownds for yt to the deputyes when
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they meete, or els be queftioned for the fame, And if the Gou'nor and Mayor pte of Mageftrats fhall ether neglect or refufe to call the two Generall ftanding Courts or ether of the as alfo at other tymes when the occations of the Comon welth require, The Freemen thereof or the Mayor pte of them, fhall petition to them foe to doe, if then yt be ether denyed or neglected the faid Freemen or the Mayor pte of them fhall haue power to giue order to the Conftables of the feuerall Townes to doe the fame and fo may meette togather and Chufe to themfelues a Moder- ator and may pceed to doe any acte of power, wch any other Generall Courte may.
7 It is Ordered fentenced and decreed that after there are warrants giuen out for any of the faid Generall Courts the Conftable or Conftables of ech Towne fhall forthwth giue notice diftinctly to the Inhabitants of the fame in fome Publike Affembly or by goeing or fending frõ howfe to howfe that at a place and tyme by him or them lymited and fett they meet and Affemble thefelues togather to elect and chufe certen deputyes to be att the Generall Courte then following to agitate the afayres of the comon welth wch faid Deputyes fhall be chofen by all that are admitted Inhabitants in the feu'all Townes and haue taken the oath of fidellity, puided that non be chofen a Deputy for any Generall Courte wch is not a Freeman of this Comon welth.
The forefaid deputyes fhall be chofen in manner fol- lowing, euery pfon that is prfent and quallified as before exp'ffed fhall bring the names of fuch written in feu'all papers as they defire to haue chofen for that Imployment, and thefe 3 or 4 more or leffe being the nuber agreed on to be chofen for that tyme, that haue greateft nüber of papers written for the fhall be deputyes for that Courte whofe names fhall be endorfed on the backe fide of the
6
warrant and returned into the Courte, wth the Conftable or Conftables hand vnto the fame.
8 It is Ordered fentenced and decreed that wyndfor Hartford and Wetherffield fhall haue power ech Towne to fend fower of their freemen as their deputyes to euery Generall Courte, and whatfoeuer other Townes fhall be hereafter added to this Jurifdiction they fhall fend fo many Deputyes as the Courte fhall Judge meete a refon- able pportion to the nüber of Freemen that are in the faid Townes being to be attended therein, wch deputyes fhall haue the power of the whole Towne to giue their voats and alowance to all fuch lawes and Orders as may be for the Publike good, and vnto wch the faid Townes are to be bownd.
9 It is Ordered and decreed that the deputyes thus chofen fhall haue power and liberty to appoynt a tyme and a place of meeting togather before any generall Courte to aduife and confult of all fuch things as may concerne the good of the publike as alfo to examine theire owne Elections whether according to the order, and if they or the greteft pte of the find any election to be Ille- gall they may feclud fuch for p'fent frõ there meeting and returne the fame and there refons to the Courte, and if yt proue true the Courte may fyne the pty or ptyes fo Intruding, and the Towne if they fee Caufe, and giue out a warrant to goe to a newe Election in a Legall way ether in pte or in whole, Alfo the faid deputyes fhall haue power to Fyne any, that fhall be diforderly at their meetings or for not coming in due tyme or place according to ap- poyntment, and they may returne the faid Fynes into the Courte if yt be refufed to be paid and the Trefurer to take notice of yt and to Eftreete or leuy the fame as he doth other Fynes.
IO It is Ordered fentenced and decreed that euery
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Generall Courte except fuch as through neglecte of the Gou'nor and the greateft pte of Mageftrats the Freemen themfelues doe call, fhall confift of the Gouernor or fome one chofen to moderate the Court and 4 other Mag- eftrats at left wth the mayor pte of the deputyes of the feuerall Townes legally chofen, And in Cafe the Freemen or the mayor pte of the through neglect or refufall of the Gouernor and Mayor pte of the mageftrats fhall call a Courte yt fhall confift of the mayor pte of Freemen that are p'fent or their Deputyes wth a moderator chofen by the, In wch faid Generall Courts fhall confift the fupreme power of the Comon welth and they only fhall haue power to make lawes or repeale the to graunt Leuyes to admitt of Freemen difpofe of Lands vndifpofed of to feuerall Townes or and pfons, and alfo fhall haue power to call ether Courte or Mageftrate or any other pfon whatfoeuer into queftion for any mifdemeanour and may for Juft Caufes difplace or deale otherwife according to the na- ture of the offence, And alfo may deale in any other mat- ter that concerns the good of this comon welth excepte election of Mageftrats wch fhall be done by the whole boddy of Freemen,
In wch Courte the Gouernour or Moderator fhall haue power to Order the Courte to giue liberty of fpech and filence vnceafonable and diforderly fpeakeings to put all things to voate and in Cafe the voate be equall to haue the cafting voice, But non of thefe Courts fhall be ad- iorned or diffolued wthout the confent of the maior pte of the Court.
II It is Ordered fentenced and decreed that when any Generall Courte vppon the occations of the Comon welth haue agreed vppon any fuñe or foñes of mony to be leuyed vppon the feuerall Townes wthin this Jurifdiction that a Comittee be chofen to fett out and appoynt wt
8
fhall be the pportion of euery Towne to pay of the faid leuy, pvided the Coñittes be made vp of an equall nüber out of ech Towne.
14th January 1638 the II Orders abouefaid are voted.
NOTE
The above exact transliteration of the Fundamental Orders has been made by Albert Carlos Bates, secretary of the Con- necticut Historical Society, and secretary of the Committee on Historical Publications.
The leaves of the original manuscript of the Fundamental Orders, in its present condition, have a maximum length of 1311 inches or 34.7 centimeters and width of 91/8 inches or 23.2 centimeters, so that the appended facsimiles are reduced to somewhat less than one-half the original size. Each leaf of the original manuscript volume is now inlaid between two sheets of specially prepared transparent silk. These new and larger leaves are bound into a handsome volume.
The date of the Orders as it appears at the top of this page was written according to the English practice of the time, which began dating the new year with March 25. Con- sequently on page I the date is written January 14, 1639. The exact equivalent of this date in the present reckoning, or New Style, is January 24, 1639.
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