The history of Connecticut, from the first settlement to the present time, Part 11

Author: Dwight, Theodore, 1796-1866. cn
Publication date: 1840
Publisher: New York, Harper
Number of Pages: 924


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But the anxiety of their friends was much in- creased by the arrival of two young English roy- N 2


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150 CONCEALMENT OF THE REGICIDES. [1661 .


alists at Boston, with a mandate from the king for their apprehension, and particulars of the trials and execution of some of their associate regicide judges. The magistrates now became alarmed, fearing that the king would take from the colonies some of those rights and privileges which they had hitherto en- joyed, and of which their brethren were deprived in England. Some of them may also have appre- hended that they would be imprisoned or otherwise ill treated, if they should incur the displeasure of the king. The governors of Massachusetts and Connecticut did what they were required to do by the king's order : that is, they gave the required warrants for the apprehension of the fugitives. It is not improbable, however, that they may have secretly taken measures for their security. Gov- ernor Leet, of New-Haven colony, however, was called on to act with some decision, either for or against them, as Goffe and Whalley were in his jurisdiction. He was at his residence in Guilford when Thomas Kellond and Thomas Kirk, the two pursuivants, called to demand his aid in the king's name. They wanted horses immediately to pro- ceed to New-Haven, where they had been inform- ed the regicides then were. The governor detain- ed them until the next day, but sent off an Indian and a white messenger, as they affirmed, probably to give timely notice to his friends. The court, being composed partly of unyielding opponents of the king, did not agree on anything ; and the mes- sengers sought in vain : all the people being in fa- vour of the fugitives. President Styles's book on "The Regicide Judges" contains a minute account of their proceedings. It is reported that one day,


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151


1661.] HISTORY OF CONNECTICUT.


while the fugitives were making one of their fre- quent removals to avoid discovery, they were so nearly overtaken in New-Haven, near the foot of Neck Rock, that they had only time to hide under the bridge, over which their pursuers passed with- out seeing them. Some of their most secret re- treats were, the " Lodge," or " Hatchet Harbour," and Fort Rock Hill, both in Woodbridge. An- other was a cave, or, rather, natural chamber found among five large rocks lying together on the brow of West Rock, near New-Haven, where they often slept, and whence they had an extensive view over the country and the Sound. It is evident that the regard in which they were held at New. Haven was very high : for, although they more than once went into the town, and offered to deliver them- selves up to the king, their friends would not allow them. Their pursuers were at length obliged to return to England without success ; and New. Ha- ven colony was much blamed. The General Court of Massachusetts addressed the governor a letter of censure, to which he replied, by direction of the New. Haven court, exculpating himself, and request- ing that his colony might be represented by a gen- eral agent for New-England, in the applications about to be made for patents.


Generals Goffe and Whalley lived and died in secrecy, concealed by friends : the former proba- bly in Hadley. Whalley and Dixwell were inter- red in the old burying-ground in the public square at New-Haven, where their plain stone monuments still remain.


The colonies delayed to proclaim Charles the Second as king until they thought it would be un-


152


OPPOSITION TO CHARLES II.


[1661.


safe to delay any longer ; and New-Haven was the last to take so disagreeable a step. On the 21st of August, 1661, the court laconically declared that they acknowledged him king, and themselves " his majesty's loyal and faithful subjects."


1


CHAPTER XIX.


Death of Governor Newman, of New- Haven, and Election of Governor Leet .- Distrust of King Charles II. in that Colony. -Connecticut applies for a Charter .- It is obtained .- The Privileges it conferred .- The Government organized under it. -Measures taken to merge New Haven Colony in that of Connecticut. - Opposition and Delay .- The Patent granted to the Duke of York -The King's Commissioners and Ships of War arrive at Boston .- The Dread of greater Evils inclines New-Haven to unite with Connecticut .- New-York taken by the English .- The Dutch Possessions all given up.


This year terminated the life of Francis New. man, Esq., the second governor of New-Haven. He much resembled Governor Eaton in character and habits. William Leet, Esq., of Guilford, was chosen in his place. But the feelings of many of the people were against King Charles the Second, who had recently come to the throne ; and several of the men chosen for magistrates this year refused to accept, apprehending that the oath might bind them to obedience to the king in some points in which they could not conscientiously obey him. Two of them absolutely refused ; and Mr. Fenn took the oath conditionally, saying that, in matters


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153


1660.]


HISTORY OF CONNECTICUT.


foreign to the colony he reserved the right of not acting.


In March, 1660, the General Court of Connec- ticut had determined to apply to the King of Eng- land for a patent ; and a petition to him was drawn up at the session in May, and intrusted to Govern- or Winthrop, as agent, to offer it. It represent- ed that all the land of the colony had been pur- chased or conquered at the expense of the people, who had thus made a valuable addition to the king- dom. A letter was addressed to Lord Say-and- Seal, stating that some of the people of the colony, and the ancestors of others, had been encouraged by him to remove to America ; that the colony had reluctantly purchased the jurisdiction of his com. pany to Saybrook, to prevent Mr. Fenwick from imposing restrictions on trade, and from selling it to the Dutch ; that the controversy concerning the Massachusetts boundary rendered a patent neces- sary to them ; and that his influence in their fa- vour was very desirable.


Governor Winthrop was chosen agent for the colonies, and sailed for England. He found Lord Say-and-Seal (the only survivor of the original patentees of Connecticut) highly favourable to the wish of the colonies. As he was high in the king's favour, and had just been made lord privy seal, he exerted himself to procure the royal assent to the patents, assisted by the Earl of Manchester, cham- berlain of the household, who had before been as. sociated with him in favour of the colonies. Gov- ernor Winthrop, having made sure of their services, waited on the king, and showed him a ring which had been given him by his majesty's father. His next


154


DISLIKE OF THE KING.


[1662.


step was to present him the petition of Connecticut, which the king readily granted ; and, on the 20th of April, 1662, the royal seal was set to the char- ter, which is still preserved in the office of the sec- retary of state in Hartford, with remnants of the im- pression of the great seal of England on green wax. The following persons are named as the patentees : John Winthrop, John Mason, Samuel Wyllys, Hen- ry Clarke, Matthew Allen, John Tapping, Nathan Gould, Richard Treat, Richard Lord, Henry Wol- cott, John Talcott, Daniel Clarke, John Ogden, Thomas Wells, Obadiah Bruen, John Clark, An- thony Hawkins, John Deming, and Matthew Can- field. The title given to this corporation was " The Governor and Company of the English Col- ony of Connecticut in New. England in America ;" and it embraced all lands included in the original patent, and, among the rest, that of New-Haven colony.


Among other privileges, it ordained two annual assemblies ; one on the second Thursday in May, and the other on the second Thursday in October, consisting of the governor, deputy.governor, and twelve assistants, with two deputies from each town or city ; to make laws, array troops for de- fence, and exercise martial law when necessary. The privilege of enjoying "all the privileges of free and natural subjects within the realm of Eng- Jand" was also granted ; and the clause conferring it proved a most important one many years after, when the violation of its principles by King George led the way to the independence of our country.


The year 1662 witnessed much commotion among the people of New-Haven, who were little


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155


1


1662.]


HISTORY OF CONNECTICUT.


disposed to reconcile themselves to the govern- ment of Charles ; and several of the magistrates took the conditional oaths. In Connecticut the election was held after the arrival of the charter ; and Mr. Winthrop was chosen governor, Mr. Ma- son deputy-governor, Mr. Talcott treasurer, and Mr. John Clark secretary. An oath was required of freemen, binding them to the faithful discharge of their duty.


The General Assembly confirmed the existing officers, the laws of the colony, and the seal. They had now the unpleasant duty to perform of disown- ing New-Haven as a colony, and to absorb it in their own. Some of the inhabitants of Guilford, Southold, Stamford, and Greenwich were received under the protection and privileges of the common- wealth, on their application. 'The Dutch governor was warned not to interfere with any towns under its jurisdiction. Notice was given to the people of Winchester that they were within it; and those of Mystic and Pawcatuck were ordered to manage all their affairs according to the laws of Connecticut. A court was formed at Southold, consisting of Cap- tain John Youngs and the justices of South and East Hampton ; and all the other English towns there were brought under Connecticut.


The assembly sent Messrs. Allen, Wyllys, Stone, and Hooker to treat with their friends at New-Ha- ven concerning the union required by the charter. This was opposed at a meeting of the freemen of New Haven by Mr. Davenport, who, after stating his reasons, left it to be decided by others. After a full discussion, the freemen agreed that a reply should be drawn up, bearing testimony against the


156


CONTEST WITH NEW-HAVEN.


[1663.


great sin of Connecticut in acting so contrary to righteousness, amity, and peace, desiring a post- ponement until the return of Mr. Winthrop, and saying they must consult their confederates before they could act. Such a reply was sent : but Con- necticut made no rejoinder, only appointing another committee of conference, which found the people opposed to any arrangement. It seemed that the people of New Haven counted, with good reason, on the favourable influence of Mr. Winthrop : for he wrote to Connecticut on the 3d of March, 1663, that the union with New-Haven ought to be made with her full consent ; and that he had bound him- self, before he took out the charter, that she should suffer no injury therefrom.


Yet Connecticut persisted. and required the sub- mission of Westchester and the Narraganset coun- try ; and the assembly in August, 1663, appointed the deputy.governor and three men to treat with several of the New-Haven towns, and, if necessary, to read the charter publicly in New-Haven, and de- mand her submission.


When the commissioners of the United Colonies met, on the 3d of September, 1663, complaints against Connecticut were presented from New. Haven and from Governor Stuyvesandt in person. They declared that it would violate one of the ar- ticles of confederation to combine two of the colo- nies into one without the consent of all. The As- sembly of Connecticut soon after appointed another committee to treat with New. Haven in an amica- ble spirit, received the towns on the western end of Long Island under their jurisdiction, and au- thorized Thomas Pell to purchase of the Indians


157


1663.] HISTORY OF CONNECTICUT.


the land between Westchester and Hudson to be added to that town. The settlement of Ham- monassett was begun this year. It was afterward named Kenilworth, and still later Killingworth.


The General Court of New-Haven was in ses- sion at the same time ; and, having been informed that the committee had requested Connecticut, since the decision of the commissioners, to recall her de- mands, saying that it would only promote a favour- able treaty, and had received no answer, it was re- solved, "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 re- called, according to the Hon. Mr. Winthrop's let- ter engaging the same, the commissioners' deter. mination, and our frequent desires."


The court ordered also, that the property of per- sons refusing to pay taxes should be seized, but that no blood should be shed by any officer unless in self-defence ; and that a petition for relief from Connecticut should be sent to the king. A fast was appointed, and prayers offered for Divine care and direction. The state of the colony was so de- pressed, that the governor's salary was reduced to £40, and the deputy-governor's to £10. Things assumed a threatening aspect in Guilford in the winter, when John Rossiter, who had got two Connecticut magistrates, a constable, and some others to accompany him, fired guns near the town, and alarmed the inhabitants. Governor Leet sent for assistance, and was able, by persua- sion, to prevent serious difficulty ; and urged on the court, which he called together, to suspend the 0


158 COL. NICHOLS TAKES MANAHADOES. [1664.


law requiring distraint for taxes. They drew up a temperate but forcible remonstrance.


This year the colonies were forbidden to receive goods from any port not belonging to Great Britain, so that nominally both the export and the import trade were cut off. New-England, however, still persisted in setting at naught the act of 1651, and prosecuting commerce wherever she pleased. The object avowed by the present act was to keep the colonies in firmer dependance of England.


At the General Court of New-Haven, held in May, 1664, the principal officers were re-elected : but little business was done. News was soon re- ceived of a new patent granted by the king on the 12th of March, giving to his brother, the Duke of York, " all that part of the main land of New-Eng- land" beginning at St. Croix, and extending to Pemaquid, up that river to its source, and thence to the river Kembequin to Canada ; and also Long Island, and the "Narrow Highgansets" (Narragan- set) "abutting upon the main land between the two rivers there called or known by the several names of Connecticut and Hudson's rivers, and all the land from the west side of Connecticut River to the east side of Delaware Bay," and also the isl- ands of Nantucket, Martha's Vineyard, &c.


The colonies had now a subject of great com- mon interest to divert their attention from their immediate and less alarming dissensions : for the king had authorized the despatch of a squadron of three or four ships of war against the Dutch pos- sessions in their neighbourhood; and Colonel Rich- ard Nichols arrived in them at Boston on the 23d of July, with an army. He was accompanied


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1664.]


HISTORY OF CONNECTICUT.


by George Cartwright, Esq., Sir Robert Carr, and Samuel Maverick, Esq., who, with himself, had been clothed with extraordinary powers, to deter- mine all controversies in the colonies. He made a requisition on the colonies for troops, wrote to Governor Winthrop and others to join him on Long Island, and then sailed for Manahadoes. He reach- ed there in time to demand Governor Stuyvesandt to surrender the place on the 20th of August ; and offered to secure life, liberty, and property to the inhabitants. The Dutch were in a condition very unfavourable for defence, being unprepared and disunited. Their governor was first informed of the expedition on the 8th of July, and exerted him- self to prepare for resistance. He refused to sur- render, saying the English claim was unjust : but the people were differently affected, and wished to know the terms offered by the English. The gov- ernor tore the letter of Colonel Nicholson in a pas- sion, and the people protested against his conduct.


Preparations were then made to send troops from the colonies and Long Island, as well as to batter the town; and the governor at length sur- rendered, on condition that the people should enjoy their religious rights, and become British subjects. The city was then named New-York, in honour of the Duke of York. Carteret soon sailed up to Fort Aurania, took it, and named it Albany, which was one of the ducal titles of the Duke of York ; while Sir Robert Carr went with a part of the naval force to Delaware Bay, and received the submission of the Dutch and Swedes settled there on the 1st of October. This was the end of the troubles arising from Henry Hudson's right of discovery, which ho


160


THE KING'S COMMISSIONERS. [1664.


had sold to Holland, and thus gave them a pretext to claim this part of America. The Dutch acted in good faith, and became peaceable subjects of Great Britain.


CHAPTER XX. 1664.


Jealousy of the King's Commissioners prevails in the Colonies. -The Union of New-Haven with Connecticut urged and ef- fected .- The Boundaries of Connecticut on the South and West determined .- County Courts and a Superior Court es- tablished .- Arbitrary Measures of the King's Commissioners. -The King's Colony formed by them .- New-York retaken by a Dutch Fleet .- The Troops of Connecticut raised to re- pel an expected Invasion -Her Jurisdiction extended to Nar- raganset and the east End of Long Island.


IN the mean time, the people of New-England, ever jealous of the designs of ambitious rulers, had seen enough of the English commissioners to take alarm. They had so conducted themselves while in Boston, that it was believed they would deprive the colonies of their liberty after the reduction of the Manahadoes. Mr. Whiting was sent to urge on New-Haven an immediate union with Connec- ticut ; and the court, which met forthwith, resolved to submit until the meeting of the commissioners. This was opposed by many of the people : but the commissioners, who met at Hartford in September, urged the union, and offered to allow the votes of four of the six commissioners to have the same binding force which six of the eight had before.


161


1664.] HISTORY OF CONNECTICUT.


The General Court of New-Haven, however, were unable to come to any conclusion when they met in September, chiefly through the opposition made by Mr. Davenport and Mr. Pierson of Branford. They objected to the baptism of the infant children not in full communion with the church, and to the admission of any but church members to the priv- ileges of freemen, both which were allowed in Con- necticut. Besides, New-Haven had been founded for an independent colony, on their favourite prin- ciples, at great labour and sacrifices ; and its in- dependence had been fully acknowledged ; and they could not merge it in another without reluctance.


At the October meeting of the General Court of Connecticut, they had to take several important measures ; and, among others, to prevent the Eng- lish commissioners from deciding in favour of a pe- tition to his majesty, from the Duke and Duchess of Hamilton, for the tract granted to their father in 1635, which had been referred to them by King Charles the Second. They presented to the com- missioners 500 bushels of corn; sent to settle the boundaries with Massachusetts and Rhode Island ; and proceeded to receive as much of the New-Ha- ven territory under their jurisdiction as they peace- ably could, appointing magistrates in it, and disa- vowing prosecutions under the laws of that govern- ment.


The king's commissioners, after a full hearing, determined that the southern boundary of Connec- ticut was the sea (Long Island Sound), and its west- ern Mamaroneck River, and a line drawn north- northwest from the head of salt water in it to Mas-


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162


COMMISSIONERS' REQUISITIONS. [1665.


sachusetts. The territory south and west of these lines was declared to belong to the Duke of York.


On the 13th of December, 1664, the General Court of New-Haven met, with the freemen and other in- habitants, when it was unanimously agreed, that, without justifying Connecticut, or having any hand in breaking the confederation, in loyalty to the king, they would submit to be put under Connecti- cut colony as soon as they should receive authentic evidence that such was his majesty's pleasure, but with a salvo jure of former rights and claims. A committee was appointed in 1665 to consummate the union. The Connecticut Assembly expressed very friendly views in a conciliatory manner, de- clared that all offensive acts under the authority of New.Haven should be forgotten, and resolved that the following persons should stand in the nomina- tion for magistrates : William Leet, William Jones, Benjamin Fenn, Matthew Gilbert, Jasper Crane, Alexander Bryan, Mr. Law, and Robert Treat.


The king's commissioners presented four requi- sitions : requiring the oath of allegiance to be taken by the people, and " that the administration of jus- tice be in his majesty's name ;" " that all men of competent estates and civil conversation" be allow- ed to become freemen, and eligible to offices ; " that all persons of civil lives may enjoy liberty of con- science, so far as might be, without endangering public peace or the maintenance of ministers ;" and that all laws derogatory to his majesty be al- tered or annulled. With these the Assembly com- plied : but it is remarkable that the writs were from that time made out merely " in his majesty's name," without mentioning it or his titles.


163


1665.] HISTORY OF CONNECTICUT.


The king's commissioners, about this time, gave a negative answer to the petition of the Duke of Hamilton, in which they enumerated the grounds on which the people of Connecticut had a good claim to that colony.


The union between Connecticut and New-Haven was consummated at the general election at Hart- ford on the 11th of May, 1665. Mr. Winthrop was elected governor, Mr. Mason deputy-governor, Messrs. Allen, Wyllys, Gould, Talcott, Wolcott, Allen, Sherman, Richards, Leet, Jones, Fenn, and Crane magistrates. Mr. Talcott was treasurer, and Mr. Clark secretary. A proper proportion of the magistrates was from New-Haven colony, and harmony prevailed. Hastings and Rye were uni- ted in one plantation ; and county courts were first formed by that name at this session. Two were to be held annually in New-Haven, in June and November, consisting of five judges, two magis- trates, and three justices ; and one was to be held at New-London, which was to form a distinct coun- ty in October.


At the next session in October, such a court was appointed at Hartford, instead of the quarterly courts, to meet in March and September, and to have cognizance of all cases except life, limb, and banishment. A jury was to be empannelled in cases of more than twenty shillings. A superior court was also appointed, to meet on the Tuesdays before the sessions of the General Assembly, to consist of eight magistrates, to have a jury, and to try all cases of appeal from county courts, and actions of life, limb, and banishment.


In consequence of dissatisfaction with the union,


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164


ACTS OF THE COMMISSIONERS.


[1665.


Mr. Pierson, of Branford, and most of his congre- gation, removed to Newark in New-Jersey this year, taking the records of the town and church, and almost depopulating the place. It was not re- incorporated until 1685.


The union undoubtedly proved highly beneficial to New Haven : but it is to be regretted that Con- necticut showed a spirit in forcing it, almost as much opposed to some of the principles of the con- federacy as the proceedings of Massachusetts, of which they had so much complained.


Apprehensions were entertained this year of an attack from the Dutch, war having been proclaim- ed by England against Holland ; but Admiral De Ruyter, who had been ordered to visit New-York with a fleet, did not proceed on that enterprise. A day of thanksgiving was therefore observed in the colonies in November.


We have now arrived at a period in which the arbitrary intentions of the king's commissioners be- gan to be displayed in actions. Governor Nich- ols had taken up his residence at New-York : but the others began to exercise their authority at Bos- ton, by making requisitions inimical to the charter and the rights of conscience. Having listened to the complaints of the Narragansets, without giving a hearing to Connecticut, they decided that a new colony should be formed, to be called the King's Colony, to extend west to Pawcatuck River, and north to Massachusetts ; and forbade the settlers in it to remain, and any jurisdiction except their own to be exercised within its limits. The deeds given by the Indians to the Rhode Islanders and Captain Atherton they declared null ; and then re- turned to Boston, farther to vex Massachusetts.


165


1669.] HISTORY OF CONNECTICUT.


They undertook to protect criminals condemned by the courts, called magistrates to account for proceedings held according to law ; and demanded that all persons should be admitted to the Lord's Supper who were orthodox, and of competent knowl- edge and civil lives, and that their children should be allowed to be baptized. These were measures to which Massachusetts could not submit; and a remonstrance was sent to the king, which, through the misrepresentations made by his commissioners, produced only an unfavourable effect. His majes- ty sent a letter to Connecticut, expressing his ap- probation of her proceedings : but, while no decis- ion was given on the claim of the Duke of Hamil- ton against Massachusetts, he spoke with severity of recent measures in that colony.




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