USA > Connecticut > New Haven County > Derby > The history of the old town of Derby, Connecticut, 1642-1880. With biographies and genealogies > Part 9
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" Given in Amsterdam Fort, Aug. 3, 1646, new styl.
"WILLYAM KIEFT."
THE REPLY.
"To the Right Wor11. Wm. Kieft, Govenor of the Dutch in New Netherland,
"Sir : By some of yours I have lately received a protest under your hand dated August the 3, 1646, wherein you pretend we have indirectly entered the limits of New Netherland, usurped divers places in them, and have offered you many injuries ; thus in general and in reference to some years past, more particularly to the disturbance, nay to the
4
HISTORY OF DERBY.
utter destruction of your trade, we have lately set foot near Mauritius river in that Province.
" We do truly profess we know no such river, neither can we conceive what river you intend by that name, unless it be that which the English have long and still do call Hudson's River. Nor have we at any time formerly or lately entered upon any place to which you had or have any title, nor in any other respect been injurious to you. It is true we have lately upon Paugassett River, which falls into the sea in the midst of these English plantations, built a small house within our own limits, many miles, nay leagues from the Manhattoes, from your trading house and from any part of Hudsons River, at which we expect a little trade, but can compel none ; the Indians being free to trade with you, us, Connecticut, Massachusetts or with any other, nor did we build there till we had first purchased a due title from the true proprietors. What injuries and outrages in our persons and estates, at Manhattoes, in Deleware River, &c., we have received from you, our former letters and protest do both declare and prove, to all which you have hitherto given very unsatisfying answers, but whatever our losses and sufferings have been, we conceive we have neither done or returned anything. even to this very day, but what doth agree with the law of nations, and with that ancient confederation and amity betwixt our superiors at home. So that we shall readily refer all questions and differences betwixt you and us, even from first to last, to any due hearing, examination and judgment, either here or in England, and by these presents we do refer them, being well assured that his majesty, our Sovereign Lord Charles. King of Great Britain and the Parliament of England now assembled will maintain their own right and our just liberties against any who by unjust encroachment shall wrong them or theirs, and that your own principal upon a due and mature consideration, will also see and ap- prove of the righteousness of our proceedings.
" New Haven in New England.
" Aug. 12, 1646, old style.+
T. EATON."
A FURTHER REFERENCE TO THE TRADING HOUSE.
Van der Donck, as cited by O'Callaghan, History of New Nether- land, vol. I. 375, says, in allusion to this post : "The English of New Haven have a trading post on the east or south-east side of Magdalen Island. not more than six (Dutch) miles from the North River, for this island lies towards the upper part of the North River, twenty-three
4 New Haven Col. Rec. I. 265-6.
5
THE TRADING HOUSE.
(Dutch) miles and a half higher up than Fort Amsterdam, on the east bank."
Hence it may be concluded that hereafter it will be in order for the people of this locality to represent themselves as resid- ing either at Mauritius, or Magdalen Island, or Birmingham, whichever they prefer !
In this correspondence several items of history are estab- lished ; that, notwithstanding the error as to locality, there was a trading house in 1646, at Paugasuck on the "east side of the island " or Point, and that the New Haven court determined to maintain it, and make sure the title. No Indian deed of the sale of this land at that date is now to be found, but a purchase was made before 1646, as stated by Governor Eaton, "and it was fully and satisfyingly voted, that the court would make good their title at the trading house," or in other words, main- tain their rights. This house stood on the east side of Birming- ham point, and the vessels sailed up to it, for trading purposes, as the bed of the Naugatuck River passed close to the bank at that time.
An Indian deed recorded in Stratford, dated 1671, says : "Who are right owners of one island in the great river Oante- nock where Mr. Goodyear had a trading house." Mr. Goodyear and Mr. Wakeman were partners in this trading post, and being referred to in so early a deed confirms the other writings copied, and determines the location, without any doubt, for no other trading house was established in this region nearer than Milford.
Paugasuck, then, for this is the spelling adopted much of the time by the best writers in recording the acts of the place and town, was the name of the locality now called Birmingham, but afterwards was applied to the village east of the Naugatuck ; the Paugasuck River is now the Naugatuck, and the Pootatuck is now the Ousatonic. These items should be remembered in reading the Indian deeds.
The work, and the trading house, and the mercantile enter- prise continued, probably, without interruption with some suc- cess, until April, 1654, when the record of the New Haven court was made as follows : "Mr. Goodyear was desired to in- forme those of Newhaven which have part of Paugaset with him,
6
HISTORY OF DERBY.
that the court expects an answer from them, at the general court in May next, whether they will put the said place under this jurisdiction or no."5 But no report was made at the speci- fied time, and the matter passed until May, 1655, when inquiry was made concerning it, and "Mr. Wakeman one of the owners, . . desired a little respite before he gives answer. The gov- ernor informed the court that Richard Baldwin, if not some others of Milford, had been with him and desired liberty from the court to buy some land of the Indians about Paugaset, but the magistrate and deputies for Milford desired they might not have leave till they more fully understand the mind of their town, to whom they think it will be offensive if granted."
Before the meeting of the Court in the next October, Richard Baldwin and others had purchased of Mr. Goodyear his claims at Paugasuck, and at that session of the Court the subject came up and Mr. Baldwin made reply, that they desired to inform the Court "that they are thankful that the court will take that matter into their consideration, and that they are very willing and desirous to have it under this jurisdiction upon the consid- erations hereafter expressed."
The conclusion of the Court was rendered in nearly the words of the considerations specified. They say, "that they had considered the several things propounded, and according to their desire they do accept him and the rest of the company, (whose names were now given)6 and the place called Paugas- sett,7 under the jurisdiction, and from henceforward shall look upon it as a part thereof.
"And first, the court gives liberty that if the place upon se- rious view be found fit for a small village, they grant them liberty so to be, without being under New Haven or Milford.
"They do also condescend that they shall have liberty to pur- chase what lands they can of the Indians suitable to this village intended, provided it be without prejudice to these two planta- tions, or to the hindering of any other plantation that may be set up hereafter further into the country.
5New Haven Col. Rec. II. 77.
6But not recorded.
7Hence the English name is Paugassett, because so stated by the Court, but the Indian name was Paugasuck, as given by the best spellers for 100 years.
7
NAMED PAUGASSETT.
"They are willing that one from among themselves, such as the court shall approve of, shall be entrusted with power and authority to call meetings, execute warrants, moderate in cases of difference, and take the best course he can to carry on things in an orderly and peaceable way.
"They are content that what estate they have wholly em- ployed at Paugassett shall be rate free for three years.
" Which things were thankfully received, and Paugassett de- clared to be under and a part of this jurisdiction.
" Richard Baldwin was now appointed to be the man to carry on the trust before mentioned, he also now declared that they did intend to purchase large tracts of land of the Indians, but when they had done they should submit it all to this court to allot them out such a proportion as should be thought meet for them."8
Under such considerations and grants the village of Paugas- sett seemed prepared to grow into a prosperous plantation, and had there been no opposition just at that time when the spirit of enterprise was fresh and courageous, there might have been more progress made in ten years than was made in forty, as it was. The next spring the people of Milford, headed by their minister, Rev. Mr. Pruden, appeared at court and made remon- strance to the following effect : "The magistrate and deputies for Milford objected against it, and Mr. Pruden on behalf of their town declared that it would be very prejudicial to Milford several ways, so much as they could not comfortably carry on their occasions there by reason of the straitness of accommoda- tions for commonage for their cattle which they should suffer, by reason that Stratford river and New Haven bounds do so confine them to so narrow a compass, all which were duly con- sidered, as also that Richard Baldwin and others concerned in Paugassett did say, . . but after much time spent in many debates about it, the court saw that there was not like to be a comfortable closing betwixt them if the planting of Pau- gassett went on as had been intended, wherefore it was pro- pounded to both parties that those concerned in Paugassett would resign their purchase to Milford, they paying them for
8N. H. Col. Rec. II. 155-7.
8
HISTORY OF DERBY.
the same, and that the town of Milford would accommodate those of their town, that did intend to sit down at Paugassett, with comfortable accommodations for their subsistence."
It will be seen by these records that Milford makes no claim of property right in the land then owned by Richard Baldwin and his company at Paugassett, but that Milford needed it for general accommodations, and that the town would purchase it, and it is probably true that Milford never owned a rod square of the territory granted by the Legislature to constitute the original town of Derby.
In those days cattle constituted a large part of the wealth of, and subsistence for, the people, as will be hereafter seen, and the meadow lands and Indian fields of Paugassett offered large assistance in sustenance for the herds, and this was one reason why the establishment of a village was proposed at that time ; for such an enterprise could much more easily succeed where there were meadows already cleared and supplying quantities of grass.
This question came up again in court in the spring of 1657, when the Paugassett company had offered to deliver their in- terests to Milford on terms which seemed to be reasonable, but which had been rejected, upon which the court desired to know the terms, and they were presented in writing, "which the court considered of, and thought them reasonable, with something added which they acquainted him [Mr. Baldwin] with, and to which for himself and the rest he consented, and therefore upon the terms hereafter expressed, they desire Milford and they may join in a loving way, but if Milford refuse, it is likely New Haven will accept them."
First, that they have liberty to buy the Indians' land behind them (that is over Naugatuck river9 and not toward New Haven bounds, and also above them northward up into the country).
Secondly, that according to the number of persons there in- terested, they shall bear their equal share of men which shall be pressed to any public service.
9 All the land owned by Baldwin's company at this time lay east of the Naugatuck River.
9
PLAN OF UNION.
Thirdly, that they be free from all such rates which particu- larly concern the town of Milford, paying the jurisdiction rates and to the maintenance of the ministry at Milford so long as they enjoy the same, and a share toward the magistrate when Milford shall agree upon any allowance to that end, and their part of common charges about the meeting-house for the future while they stand a part of Milford, and to bear their share toward the killing of wolves and foxes, and if there be any other questions hereafter which is not now thought of and de- termined, it shall be considered and issued by this general Court, as also how long they shall continue a part of Milford or New Haven, and when it is fit they should be a village of them- selves."
At the same time it was ordered concerning the boundaries, that, "The bounds of their land with reference to Milford is agreed, that toward Milford, betwixt their purchase and a brook now called Steephill brook, runing into Paugassett river, a division be equally made runing a line eastward, the one-half next Milford to lie to Milford common, and the other half next their purchase, to go to them for common ; also to run a line from their purchase, thereabout where their houses stand, cross to the line betwixt New Haven and Milford where it is con- ceived it will meet with Paugassett path, or thereabout, and then divide it in the middle north and south, and leave that part to Milford common next to New Haven line, and that part to Paugassett that is next them."10
These boundaries give us important information, namely that at this time, March, 1657, there were "houses" on this land standing at what is now known as Riggs Hill. The record says : "a line from their purchase" [the northeast corner of it,] "thereabout where their houses stand, cross to the line betwixt New Haven and Milford, where it is con- ceived it will meet with [coinside with] Paugassett path," which as we shall see was at that place. Dividing this territory as proposed, from north to south would leave a strip of land on the east side of the Naugatuck river about two miles long and two miles and a half wide, and the river meadows. This truly
1ºN. H. Col. Rec. 11, 222.
2
IO
HISTORY OF DERBY.
would have made a "village" of the whole plantation, and a small one at that, covering one hill on the east bank of the river. This indicates the restricted opinions those people had of the territory necessary for the support of a few families, by the cultivation of the soil. Send ten old farmers, such as Derby had a hundred years later, to consider such a proposition of planting a colony on such a garden patch and they would throw up their hats and laugh the thing to scorn, with a relish.
The truth is, these men were practically merchants and tradesmen, and knew very little about farming, as all their work shows. Doctor John Hull, who, thirty years later on removing to Wallingford, received a little friendly present of over a mile square, or seven hundred acres of land, nearly one-fourth of the size of this proposed Paugassett wilderness garden patch !
And what kind neighbors these Paugassett planters had! If Milford would not accept of this big slice instead of the whole, New Haven would, especially if she could secure in the same bargain those who would live on the borders and kill the "wolves and the foxes !"
However, these delays and haltings did not entirely subdue the spirit of enterprise and activity, for, while Milford was dreaming about this matter, and New Haven was waiting for her to wake out of sleep, Lieut. Thomas Wheeler of Stratford makes a purchase or rather accepts a gift of land, in May, 1657, on the point where Birmingham now stands, and thereby com- pletely disarranges the plans and dispels the dreams of Paugas- sett's loving neighbors. No skillfully planned campaign of a great war general could have perfected the defeat of a contend- ing army more decidedly than did this Lieutenant Wheeler, wheeling into the Great Neck, at this time, the counsels of Milford and the New Haven court. His deed received from the Indians reads in part as follows, it being the first Indian deed given that is now to be found of lands in Derby :
" This present writing11 witnesseth that I Towetanome Sagamore att pagaset & Raskonate with ye consent of all Pagaset indians Doe frely
11There are given two or three specimens of the spelling and manner of writing, but beyond that, while the words of the original will be carefully given, all else will be in modern style.
II
FIRST INDIAN DEED.
& fully make over from us our Heirs & asigns & Doe freely give apercell of land lying bee Twene Poodertoke River & Nagatuck River, Podertoke River bounding it on the Southwest, Nagatuck River north- east; & Bounded on ye northwest with trees marked by ourselves & other indians ; To Thomas Wheeler of Stratford his Heires & asigns for ever quiatly to possess it & doe ffree ye said land from all claims of any indian or indians ; & this afore said land wee doe freely give to the afore said Thomas Wheeler & his Heires for ever upon condition that hee come to live on it himself ; & if the said Thomas Wheeler seles the said land it must be to such a man as wee like ; in witness here of we have sett toe our hands ; May, 1657.
In presents of Ruth Wheeler, her mark
Towetanamow, his mark
Raskenute, his mark
Timothy Wheeler.
Waampegon, his mark
Manomp, his mark
James, his mark"
This same land with these precise words of boundary was again deeded to Thomas Wheeler " to have it recorded to him and his heirs according to the laws and customs of the English this 20th of April, 1659.
Subscribed in the
The mark of Towtanamow,
presence of us
Pagahah, his mark
John Wheeler
Pagasite James, his mark
Richard Harvee
Munsock, his mark
Thomas Uffott
Sasaouson, his mark "
John Curtiss John Minor.
In May, 1658, Thomas Wheeler applied to the New Haven court to have this land taken under that jurisdiction, " upon the same terms which those other proprietors, at or near Pau- gassett were received," to which the court answered that they " do incline to his motion, but desired first to speak with Lieuten- ant Wheeler himself, before they give a full answer in the case." At the same time the court having some information as to questions about the taxes ordered that, "for the cattle which are for the most part at Paugassett, belonging to the settled in- habitants there, rates are to be paid to ye jurisdiction only," and Lieutenant Treat and Ensign Bryan of Milford were re- quired to send a list of them to the treasurer at New Haven ;
I2
HISTORY OF DERBY.
the which list if only it had been preserved would furnish us with the names of those settlers then there.
What were the precise relations of Paugassett for several years is not stated in the records. It had been regularly ac- cepted as a village or plantation by the New Haven court, and then that decision informally suspended and negotiations en- tered, to make some new combination, but the language of Thomas Wheeler in the above application indicates that he sup- posed they were a separate plantation under the New Haven jurisdiction.
In May, 1659, Edward Wooster desired to know where and of whom he should receive pay for seven wolves he had killed at or near Paugassett. He was told that "if Paugassett stand in relation to Milford as a part of them, then he is to receive his pay there, but if they stand as a plantation or village of themselves, then they themselves must bear it; nevertheless, it being thought by some that both New Haven and Milford have benefit by killing wolves at Paugassett, it was agreed that it should be recommended to both the towns to see what would be freely given him in recompence of his service in thus doing."
"Edward Wooster was also told [by the court] that the en- couragement given to the proprietors at Paugassett was in reference to a village to be settled there, which the court now saw no likelihood of, and in the way they were in they saw not how they could attend their duty in reference to the Sabbath, being at such a distance from the means, which the court would consider of ; which being debated and considered, it was or- dered that if the place called Paugasset become not a village to the purposes formerly expressed by the court, betwixt this and the General Court in May next, that the place shall be deserted in reference to settled habitation."
But Edward Wooster was not the man to be discouraged by the high authority of New Haven court, any more than to be frightened at the wolves on Sentinel hill or those other gentle cubs from Bear swamp. He intended a life work of honor and success, and being on the ground had no thought, apparently, of leaving. So also was Richard Baldwin, although residing at Milford, struggling manfully against great odds, but was making progress, slowly. The court had done the most discouraging
I3
NEW HAVEN COURT.
thing that could have been done, by suspending its decree of independency and protection, at the moment when the courage of the company was most enterprising and hopeful, but now it saw fit to complain of these men. Especially was this true the next May (1660), when Richard Baldwin, having made another purchase, desired it to be connected with Paugassett, "where some further preparations had been made this winter by fenc- ing, for the carrying on a village which they intended to pursue."
This application Milford opposed, " since it would straiten their plantation if that should be granted." This was about Hog meadow, and to Milford Mr. Baldwin replied " that either it be an appendix to Paugassett, or as he is a planter at Milford he may enjoy it, or if Milford have it he may have a valuable consideration for it." Upon which the most frank and honest clerk of the New Haven court recorded, "Concerning which meadow the court did nothing at this time, but the order made (in 1658) was read and they were told that this matter of Pau- gassett had been four or five years under consideration, and that the court had been often exercised with it, and it was now expected that they should have heard that Paugassett had been in a settled way to the ends propounded, before this time ; but when the return is given they only say, they have done some- thing about fencing, and so it is delayed from court to court and held in a dallying way for four or five years together." Nobody had been "in a dallying way " but the court ! The misfortune is that that was not the last old granny court that ever sat in America ! To this wonderful eloquence of the court Sargent Baldwin replied, "that he was hindered by obstruc- tions he had met with by the ordinary [tavern] at Milford and by sickness the last summer." Whereupon the court declared, "that they would make trial one year more, but if Paugassett become not a village by that time, what was ordered last year, they expected to be attended, and that if the work go not on in the meantime to the satisfaction of the court of magistrates in October next Edward Wooster, with any other that is there, shall be removed and not suffered to live in such an unsatisfy- ing way as now they do." While making this wonderful de- liverance, the court must have forgotten all about the seven wolves, besides foxes and bears that Edward Wooster was kill-
14
HISTORY OF DERBY.
ing per year, "to the benefit " of other people, while living alone ten miles in the wilderness !
From 1660 to 1664, Paugassett taxes were received separately from Milford or any other place. The amount of these taxes for three years was, in 1660, £1 8s. 8d .; in 1661, £1 6s. 2d .; in 1662, £1 18s. 5d.
On the second of March, 1660, another flank movement was made by which Richard Baldwin secured advantage to his com- pany, as will be seen by the following deed :
" At a meeting of Towtanimoe, Sagamore of ' Pawgasutt' together with some other Paugassett Indians his subjects, at the house of Rich- ard Baldwin of Milford, Mar. 2, 1659-60: The said Sagamore did grant . . the meadow known and denominated by the name of Hogg meadow . . unto Richard Baldwin, . . agreeing also to sell other lands when Paugasuck should become settled. And likewise doth en- gage in the meantime not to make over, sell or dispose of any land . . between the west branch of Milford Mill river and Pootatuck river east and west, and from the little river on the north side of Grassy hill and so northward unto the hither end of the place commonly called Deer's Delight, unto any other persons whatsoever.
Towtanimoe, his mark. Secochanneege, his mark.
James, his mark. Sassaughsough, his mark.
Chub, his mark. Wauwumpecun, his mark.
Succuscoge, his mark."
In September, 1661, Richard Baldwin made another purchase of " all the upland adjacent to Hogg meadow."12 This purchase completed the Paugassett territory eastward and made the plan- tation of some considerable extent.
12Sept. 6, 1661,
Towtanimoe deeded to Richard Baldwin, "all the upland adjacent to Hogg meadow, to begin at Milford line on the south side, and the north side goeth up to the path which goeth from Pagasett to New Haven; and the west side from Milford line where the cartway now is that goeth over the brook which is on the north side of Grassy Hill, and so broad as it is there, to Milford Mill river, the same breadth it is to run from the said Mill river at Pagasett path on the north side to- wards Pagasett; also all the great swamp that lieth on the east side of said Mill river from Milford line northward and eastward, unto the utmost bounds of it.
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