USA > Connecticut > The history of Connecticut, from the first settlement of the colony to the adoption of the present constitution, vol. I > Part 41
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By writt of Privy Seale.
Howard.
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C.
LETTER of His Majesty CHARLES II. to CONNECTICUT, April 10th, 1666. " CHARLES R.,
"Trusty and well beloved, we greet you well, having received so full and satis- factory an account from our commissioners, both of the good reception you have given them, and also of your dutifulness and obedience to us, we can not but let you know how much we are pleased therewith, judging that respect of yours towards our officers to be the true and natural fruit which demonstrates what fidelity and affection towards us is rooted in your hearts; and although your car- riage doth of itself most justly deserve our praise and approbation, yet it seems to be set off with the more lustre by the contrary deportment of the colony of the Massachusetts, as if by their refractoriness they had designed to recommend and heighten the merit of your compliance with our directions, for the peaceable and good government of our subjects in those parts ; you may therefore assure your- selves that we shall never be unmindful of this your loyal and dutiful behavior, but shall, upon all occasions, take notice of it to your advantage, promising you our constant protection and royal favor, in all things that may concern your safety, peace and welfare ; and so we bid you farewell.
"Given at our Court, at Whitehall, on the 10th day of April, 1666, in the eighteenth year of our reign. By His Majesty's command.
"Superscribed to our trusty and well beloved, the gov- ernor and council of the colony of Connecticut, in New England."
WILLIAM MORRICE."
D.
" NEW HAVEN'S CASE STATED.
" Honored and beloved in the Lord,-We, the General Court of New Haven colony, being sensible of the wrongs which this colony hath lately suffered by your unjust pretenses and encroachments upon our just and proper rights, have unanimously consented, though with grief of heart, being compelled thereunto, to declare unto you, and unto all whom the knowledge thereof may concern, what yourselves do or may know to be true as followeth.
" 1. That the first beginners of these plantations by the sea-side in these west- ern parts of New England, being engaged to sundry friends in London, and in other places about London (who purposed to plant, some with them in the same town, and others as near to them as they might) to provide for themselves some convenient places by the sea-side, arrived at Boston in the Massachusetts, (having a special right in their patent, two of them being joint purchasers of it with others, and one of them a patentee, and one of the assistants chosen for the New England
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company in London,) where they abode all the winter following ; but not finding there a place suitable to their purpose, were persuaded to view these parts, which those that viewed approved ; and before their removal, finding that no English were planted in any place from the fort (called Saybrook) to the Dutch, proposed to purchase of the Indians, the natural proprietors of those lands, that whole tract of land by the sea-coast, for themselves and those that should come to them ; which they also signified to their friends in Hartford in Connecticut colony, and desired that some fit men from thence might be employed in that business, at their proper cost and charges who wrote to them. Unto which letter having received a satis- factory answer, they acquainted the Court of magistrates of Massachusetts colony with their purpose to remove and the grounds of it, and with their consent began a plantation in a place situated by the sea, called by the Indians Quillipiack ; which they did purchase of the Indians the true proprietors thereof, for themselves and their posterity ; and have quietly possessed the same about six and twenty years; and have buried great estates in buildings, fencings, clearing the ground, and in all sorts of husbandry ; without any help from Connecticut or dependence on them. And by voluntary consent among themselves, they settled a civil court and government among themselves, upon such fundamentals as were established in Massachusetts by allowance of their patent, whereof the then governor of the Bay, the Right Worshipful Mr. Winthrop, sent us a copy to improve for our best advantage. These fundamentals all the inhabitants of the said Quillipiack approv- ed, and bound themselves to submit unto and maintain ; and chose Theophilus Eaton, Esq. to be their governor, with as good right as Connecticut settled their government among themselves, and continued it above twenty years without any patent.
" 2. That when the help of Mr. Eaton our governor, and some others from Quillipiack, was desired for ending of a controversy at Wethersfield, a town in Connecticut colony, it being judged necessary for peace that one party should remove their dwellings, upon equal satisfying terms proposed, the governor, magistrates, &c. of Connecticut offered for their part, that if the party that would remove should find a fit place to plant in upon the river, Connecticut would grant it to them; and the governor of Quillipiack (now called New Haven) and the rest there present, joined with him, and promised that if they should find a fit place for themselves by the sea-side, New Haven would grant it to them, which accordingly New Haven performed ; and so the town of Stamford began, and be- came a member of New Haven colony, and so continueth unto this day. Thus in a public assembly in Connecticut, was the distinct right of Connecticut upon the river and of New Haven by the sea-side, declared, with the consent of the governor, magistrates, ministers, and better sort of the people of Connecticut at the time.
" 3. That sundry other townships by the sea-side and Southold on Long Island, (being settled in their inheritances by right of purchase of their Indian proprie- tors,) did voluntarily join themselves to New Haven, to be all under one jurisdic- tion, by a firm engagement to the fundamentals formerly settled in New Haven ; whereupon it was called New Haven Colony. The General Court, being thus constituted, chose the said Theophilus Eaton, Esq., a man of singular wisdom,
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godliness, and experience, to be the governor of New Haven Colony ; and they chose a competent number of magistrates and other officers for the several towns. Mr. Eaton so well managed that great trust, that he was chosen governor every year while he lived. All this time Connecticut never questioned what was done at New Haven ; nor pretended any right to it, or to any of the towns belonging to this colony ; nor objected against our being a distinct colony.
" 4. That when the Dutch claimed a right to New Haven, and all along the coast by the sea-side, it being reported they would set up the Prince of Orange's arms, the governor of New Haven, to prevent that, caused the king of England's arms to be fairly cut in wood, and set upon a post in the highway by the sea- side, to vindicate the right of the English, without consulting Connecticut or seeking their concurrence therein.
"5. That in the year 1643, upon weighty considerations, an union of four dis- tinct colonies was agreed upon by all New England, (except Rhode Island,) in their several general courts, and was established by a most solemn confederation ; whereby they bound themselves mutually to preserve unto each colony its entire jurisdiction within itself, respectively, and to avoid the putting of two into one by any act of their own without consent of the commissioners from the four United Colonies, which were from that time, and still are, called and known by the title of the four United Colonies of New England. Of these colonies, New Haven was and is one. And in this solemn confederation Connecticut joined with the rest, and with us.
" 6. That in the year 1644, the general court for New Haven colony, then sit- ting in the town of New Haven, agreed unanimously to send to England for a patent ; and in the year 1645, committed the procuring of it to Mr. Grigson, one of our magistrates, who entered upon his voyage in January that year, from New Haven, furnished with some beaver in order thereunto as we suppose. But by the providence of God, the ship and all the passengers and goods were lost at sea, in their passage towards England, to our great [grief ] and the frustration of the design for the time ; after which the troubles in England put a stop to our proceedings therein. This was done with the consent and desire of Connecticut to concur with New Haven therein. Whereby the difference of times, and of men's spirits in them, may be discovered. For then the magistrates of Connec- ticut with consent of their General Court, knowing our purposes, desired to join with New Haven in procuring the patent, for common privileges to both in their different jurisdictions, and left it to Mr. Eaton's wisdom to have the patent framed accordingly. But now they seek to procure a patent without the concurrence of New Haven; and contrary to our minds expressed before the patent was sent for, and to their own promise, and to the terms of the confederation, and without sufficient warrant from their patent, they have invaded our right, and seek to in- volve New Haven under Connecticut jurisdiction.
" 7. That in the year 1646, when the commissioners first met at New Haven, Keift, the then Dutch governor, by letters expostulated with the commissioners, by what warrant they met at New Haven without his consent, seeing it and all the sea-coast belonged to his principals in Holland, and to the lords the States General. The answer to that letter was framed by Mr. Eaton, governor of New
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Haven, and then president of the commission, approved by all the commissioners, and sent in their names with their consent to the then Dutch governor, who never replied therennto.
" 8. That this colony in the reign of the late King Charles the First, received a letter from the committee of Lords and Commons for foreign plantations, then sitting at Westminster, which letter was delivered to our governor, Mr. Eaton, for freeing the several distinct colonies of New England from molestations by the appealing of troublesome spirits unto England, whereby they declared that they had dismissed all causes depending before them from New England, and that they advised all inhabitants to submit to their respective governments there established, and to acquiesce when their causes shall be there heard and determined, as it is to be seen more largely expressed in the original letter which we have, subscribed. ' Your assured friends,
' PEMBROKE, ' W. SAY AND SEAL,
' MANCHESTER, ' WARWICK, 'DENBIGH.'
'FR. DACRE, &C.
"In this order they subscribed their names with their own hands, which we have to show, and they inscribed or directed this letter-' To our worthy friends the governor and assistants of the plantations of New Haven in New England.' Whereby you may clearly see that the right honorable, the Earl of Warwick, and the Lord Viscount Say and Seal, (lately one of his majesty King Charles the Sec- ond's most honorable privy council, as also the right honorable Earl of Manches- ter still is,) had no purpose, after New Haven colony, situated by the sea-side, was settled to be a distinct government, that it should be put under the patent for Connecticut, whereof they liad only framed a copy before any house was erected by the sea-side from the fort to the Dutch, which yet was not signed and sealed by the last king for a patent; nor had you any patent till your agent, Mr. Win- throp, procured it about two years since.
"9. That in the year 1650, when the commissioners for the four united colonies of New England, met at Hartford, the now Dutch governor being then and there present, Mr. Eaton the then governor of New Haven colony, complained of the Dutch governor's encroaching upon our colony of New Haven, by taking un- der his jurisdiction a township beyond Stamford, called Greenwich. All the com- missioners, (as well for Connecticut as for the other colonies,) concluded that Greenwich and four miles beyond it belongs to New Haven jurisdiction ; where- unto the Dutch governor tlien yielded, and restored it to New Haven colony. Thus were our bounds westward settled by consent of all.
" 10. That when the honored governor of Connecticut, John Winthrop, Esq., had consented to undertake a voyage for England to procure a patent for Connec- ticut in the year 1661, a friend warned him by letter, not to have his hand in so unrighteous an act, as so far to extend the line of their patent, that the colony of New Haven should be involved within it. For answer thereunto, he was pleased to certify that friend, in two letters which he wrote from two several places before his departure, that no such thing was intended, but rather the contrary ; and that the magistrates had agreed and expressed in the presence of some ministers, that if their line should reach us, (which they knew not, the copy being in England,)
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yet New Haven colony should be at liberty to join with them or not. This agreement, so attested, made us secure, who also could have procured a patent for ourselves within our own known bounds according to purchase, without doing any wrong to Connecticut in their just bounds and limits.
" 11. That notwithstanding all the premises, in the year 1662, when you had received your patent under his majesty's hand and seal, contrary to your promise and solemn confederation, and to common equity, at your first general assembly, (which yet could not be called general without us, if we were under your patent, seeing none of us were by you called thereunto,) you agreed among yourselves, to treat with New Haven colony about union, by your commissioners chosen for that end within two or three days after the assembly was dissolved. But before the ending of that session, you made an unrighteous breach in our colony, by taking under your patent some of ours from Stamford, and from Guilford, and from Southold, contrary to your engagements to New Haven colony, and without our consent or knowledge. This being thus done, some sent from you to treat with us, showed some of ours your patent ; which being read, they declared to yours that New Haven colony is not at all mentioned in your patent, and gave you some reasons why they believed that the king did not intend to put this colony under Connecticut without our desire or knowledge; and they added that you took a preposterous course, in first dismembering this colony, and after that treating with it about union ; which is as if one man proposing to treat with another about union, first cut off from him an arm, and a leg, and an ear, then to treat with him about union. Reverend Mr. Stone also, the teacher of the Church at Hartford, was one of the committee, who being asked what he thought of this action, an- swered, that he would not justify it.
" 12. After that conference, our committee sent, by order of the General Court, by two of our magistrates, and two of our elders, a writing containing sundry other reasons for our not joining with you ; who also, finding that you persisted in your own will and way, declared to you our own resolution to appeal to his majesty to explain his true intendment and meaning in your patent, whether it was to subject this colony under it or not ; being persuaded, as we still are, that it neither was nor is his royal will and pleasure to confound this colony with yours, which would destroy the so long continued and so strongly settled distinction of the four United Colonies of New England, without our desire or knowledge.
"13. That, accordingly, we forthwith sent our appeal to be humbly presented to his Majesty, by some friends in London, yet out of our dear and tender respect to Mr. Winthrop's peace and honor, some of us advised those friends to commu- nicate our papers to Honored Mr. Winthrop himself, to the end that we might find out some effectual expedient, to put a good end to this uncomfortable differ- ence between you and us, -- else to present our humble address to his Majesty. Accordingly it was done; and Mr. Winthrop stopped the proceeding of our ap- peal, by undertaking to our friends that matters should be issued to our satisfac- tion, and in order thereunto that he was pleased to write a letter to Major Mason, your deputy governor, and the rest of the court of Connecticut Colony, from London, dated March 7, 1663, in these words :
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" Gentlemen : I am informed by some gentlemen who are authorized to seek remedy here, that since you had the late patent there hath been injury done to the government at New Haven, and in particular at Greenwich and Stamford, in admitting several of the inhabitants there unto freedom with you, and appointing officers which hath caused division in the said towns which may prove of danger- ous consequence if not kindly prevented. I do hope the sin of it is from misun- derstanding and not from design of prejudice to that colony ; for when I gave assurance to their friends that their rights and interests should not be disregarded or prejudiced by the patent, but if both governments would with unanimous agreement unite in one, their friends judge of advantage to both. And I must further let you know that testimony here doth affirm that I gave assurance before authority here, that it was not intended to meddle with any town or plantation that was settled under any other government. Had it been otherwise intended or declared, it had been injurious in taking out the patent, not to have inserted a proportionable number of their names in it. Now upon the whole, having had serious conference with their friends authorized by them, and with others who are friends to both, to prevent a tedious and chargeable trial and uncertain events here, I promise them to give you speedily this representation how far you are engaged. If any injury hath been done by admitting of freemen or appointing officers or other unjust intermeddling with New Haven colony, in one kind or other, without the approbation of the government, that it be forthwith recalled, and that for the future there will be no imposing in any kind upon them, nor ad- mitting of any members without mutual consent, but that all things be acted as loving neighboring colonies as before such patent was granted, and unto this I judge you are obliged. I have engaged to their agent here that this will be by you performed, and they have thereupon forborne to give you or me any further trouble ; but they do not doubt that upon future consideration there may be some right understanding between both governments, that a union of friendly joining may be established to the satisfaction of all, which at my arrival I shall endeavor (God willing,) to promote, not having more at present in the case, I rest your hum- ble servant, JOHN WINTHROP."
The copy of this letter was sent to Mr. Leete, unsealed, with Mr. Winthrop's consent, and was written with his own hand; and the substance of this agree- ment between some of our friends in London is fully attested by them in their letters to some of us. Say not that Mr. Winthrop in acting in this agreement is nothing to you, for he acted therein as your public and common agent and pleni- potentiary, and therefore his acting in that capacity and relation are yours in him.
" 14. That after Mr. Winthrop's return, when some from you treated again with our committee about union, it was answered by our committee that we could not admit any treaty with you about that matter till we might treat as an entire colony, our members being restored to us who have been unrighteously withheld from us, whereby those parties have been many ways injurious to our government and disturbers of our peace-which is and will be a bar to any such treaty, till it be removed, for till then we cannot join with you in one government without a fellowship in your sin.
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" 15. That after this, nothing being done to our just satisfaction, at the last meet- ing of the commissioners from the four colonies of New England, at Boston, on the - day of November 1663, the commissioners from New Haven colony exhibited to the Commissioners their confederates a complaint of the great injuries done to this colony by Connecticut in the presence of your commissioners, who for answer thereunto showed what treaties they had with New Haven ; but that plea was inconsiderable, though you persisting unrighteously in withholding our members from us, whereby our wounds remain unhealed, being kept open and con- tinually bleeding. The result of the commissioners' debates about that complaint was in these words :
" The commissioners of Massachusetts and Plymouth, having considered the complaints exhibited by New Haven against Connecticut for infringing their power of jurisdiction, as in the complaint is more particularly expressed, together with the answer returned thereto by Connecticut commissioners, with some 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 having been so owned by the colonies in their present meeting in all their actings, may not, by any act of violence, have their liberty of jurisdiction infringed upon 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 other- wise disposed of, and for particular grievances mentioned in the complaint, they ought to be referred to the next meeting at Hartford, &c."
"Now we suppose that when they speak of disposing of it otherwise than in an orderly way, they mean with our free consent, there being no other orderly way ; by an act or power of the united colonies for disposing of the colony of New Haven, otherwise than as it is a distinct colony, having entire jurisdiction within itself, which our confederates were bound by their solemn confederation to preserve inviolate.
" 16. That before your General Assembly in October last, 1663, our committee sent a letter unto the said assembly, whereby they did request that our members by you unjustly sent from us, should be restored to us according to our former frequent desires and according to Mr. Winthrop's letter and promises to authority in England, and according to justice and the conclusion of the commissioners at their last session in Boston, whereunto you returned a real negative answer, con- trary to all promises, by making one Brown your constable at Stamford, who hath been sundry ways injurious to us, and hath scandalously acted in the highest degree of contempt not only against the authority of this jurisdiction, but also of the king himself, pulling down with contumelies the declaration which was sent thither by the court of magistrates for this colony in the king's name, and com- manded to be set up in a public place that it might be read and obeyed by all his majesty's subjects inhabiting our town of Stamford.
"17. That thereupon at a General Court held at New Haven for this jurisdic- tion the 22d day of October 1663, the deputies for this General Court signified the minds of our freemen as not all satisfied with the proposals of the committee
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from Connecticut, but thought there should be no more treaty with them unless they first restore us to our right state again. The matter was largely debated, and this General Court considering how they of Connecticut do cast our motion in the forementioned letter and gave us no answer but that contrary thereunto as is reported, have further encouraged those of Guilford and Stamford, therefore this court did them order that no treaty be made by this colony with Connecticut be- fore such acts of power exerted upon any of our towns, be revoked and recalled according to Hon. Mr. Winthrop's letter enjoining the same common advice and our frequent desires.
" 18. That in this juncture of time we received two letters from England men- tioned in the following declaration published by the court of magistrates upon that occasion in these words :
" Whereas, This colony hath received one letter under his majesty's royal hand and seal 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 governor and deputy governor and assistants of the Massachusetts, Plymouth, New Haven, and Connecticut colonies in New England ; and one other letter from the Lords of his Majesty's most Hon. Privy Council, bearing date the 24th of June in the year aforesaid, superscribed for his majesty's special service, and directed to our very loving friend, John Endicott, Esq., governor of his majesty's plantation in New England, and to the governor and council of the colony of Massachusetts, &c. respectively, and by order of the General Court at Boston recorded in the court records, it is particularly directed to the colony of New Haven, in which letters his majesty hath commanded this colony many matters of right very much respecting his majesty's service and the good of this county in general, expecting upon displeasure the strict observance thereof, which this court, his colony being situated by the sea side and so fully accommodated to fulfil his majesty's commands are resolved to their utmost to obey and fulfil ; but in their consultation thereabouts, 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 send themselves from this colony, by which decision his majesty's affairs in these parts are like to suffer, the peace of this country to be endangered, and the heathen among us scandalized, in case some speedy course be not taken for the prevention thereof, the which, if we should connive at, especially at this time, his majesty having so particularly direc- ted his royal commands, to this colony as aforesaid, we might justly incur his dis- pleasure against us. This court doth, therefore, in his majesty's name, require all the members and inhabitants of this colony heartily to close in with the endeavors of the governor and assistants thereof for fulfilling his majesty's commands in the said letters expressed, and in order thereunto to return to their obedience, and paying their arrears and 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 accordance to the laws and order of this colony, all which being done, this court will forever pass by all former disobedience to this government; but if any shall presume to stand out against his majesty's pleasure so declared as aforesaid concerning this colony, at
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