USA > Connecticut > New Haven County > New Haven > Thirteen historical discourses, on the completion of two hundred years : from the beginning of the First Church in New Haven, with an appendix > Part 31
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In April, 1657, the Quinnipiack Indians asked leave of the town to remove from their allotted ground in East Haven, and to hire some land for planting about Oyster Point, desiring to live there for that summer. Their request was accompanied with fair promises, " that they would not be injurious to the English, and that they would not work on the Sabbath day." The townsmen were au- thorized to treat with them, and were instructed to insist on these conditions,-" that they harbor no strange Indians to dwell with them ; that they kill all their dogs, (some of them having done mis- chief already ;) that they neither burn nor otherwise destroy any man's fence, nor cut wood upon any man's ground without leave, nor take away any wood already cut, as some of them have done, and if they do, just satisfaction will be required ; that they stay not late in the town at night, nor come into the town with any arms, hatchets, clubs, &c .; that they come not into any houses without asking leave, and if they are bid to go away, that they do it without gainsaying." Thus instructed, "the committee met and treated with the sagamore and some other Indians deputed, who after con- sideration returned answer, that the Indians would not kill their dogs." Upon this point the negotiation failed.
In September, 1659, " Wampom, the sachem of Totoket, entered an action against Thomas Mulliner, concerning damage he sustained in corn planted upon land hired of him. But through the want of an interpreter, the court could not come to the knowledge of the case. The plaintiff was desired to procure an interpreter against the court in October next ; at which time, he was told, that the court would attend the issuing of the matter." Probably the affair was settled between the parties; for nothing more appears on the records.
In October, 1648, Mr. John Whitmore, of Stamford, was mur- dered in the woods by the Indians. Dr. Trumbull gives the story, (I, 176.) "The sachem's son first carried the news into town, and reported that one Toquattoes had killed him, and had some of his clothes, of which he gave a particular description. From this cir- cumstance, it was suspected, that he was either a principal or an ac- complice in the crime. No such evidence, however, could be ob- tained as would warrant the apprehending him. The English took great pains to find the remains of Mr. Whitmore, but could make no discovery at that time. About two months after, Uncas, with several of his Indians, went to Stamford, and making 'inquiry concerning
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Mr. Whitmore's body, the sachem's son and one Kehoran, another of the natives who had been suspected, led Uncas, with his men, and a number of the English, directly to the place of his remains. Upon carrying them into town, the sachem's son and Kehoran fell a-trem- bling, and manifested such signs of guilt, that the Moheagans de- clared that they were guilty. But before they could be apprehended, they made their escape. The Indians at Stamford and its vicinity, either through fear of their sachem, or favor to his son, or from some other cause, charged the murder upon Toquattoes. But neither he, nor the other suspected persons, were delivered up, nor could the English bring them to any examination respecting the subject."
Certainly the suspicion against the sachem's son was very strong. I cannot but suspect that in some communities, so many suspicious circumstances would have been thought proof enough against an In- dian. But in 1662, fourteen years after the murder, Taphanse, the sachem's son, was arrested and brought to trial in New Haven. The record of the trial covers four folio pages in the minute chirog- raphy of James Bishop, and therefore cannot be given here. In- stead of a transcript, I offer a brief summary of the testimony, and of the replies of the defendant.
1. It was proved against him that on the day on which the mur- der was committed, he was with some other Indians at the house of Goodman Whitmore, and shook Goodwife Whitmore by the hand, and asked her " where her netop was, for he so big loved her netop ;" and that this fawning of his was such as awakened instantly the wo- man's suspicion, and filled her with the apprehension that some evil had befallen her husband. To this he answered, "What shall he say if testimony come in against him; but if he speak the truth he must say he was not there, and that it was a mistake." And this the interpreter said, " he spake in such a phrase as noted his confirma- tion of it more than ordinary, 'that if Manatue [Manitou] was here, he would say the same as he doth.'"
2. It was proved that Taphanse came to Mr. Lawes' about sun- rise, on the second morning after Goodman Whitmore left home, and brought the news that an Englishman had been killed; that be- ing asked, where, he answered that he knew not whether it was ten miles off or twenty, but pointed " up-the-river-ward," intimating that it was in that direction ;- that upon farther inquiry he said the murder was committed by an Indian that lived up near the Mohawks, who had told them at their wigwams that he would kill an English-
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man, and who, when they offered him wampum not to do it, refused the wampum and went away angry, and after the murder returned again, bringing some of the murdered man's apparel ; and that in the haste in which this murderer, whom he named Toquattoes, went away, he left one of the stockings at their wigwams. It also ap- peared that Mr. Lawes and some others went with him to the wig- wams; and on the way he so trembled and shook, that several of them took notice of it as a sign of guilt ;- and that there, after show- ing them the stocking, though he had promised to return with them and help them seek the dead body, he gave them the slip and made his escape. To this he answered only by a denial of the facts testi- fied. As for the trembling, Mr. Minor, the interpreter, testified that he had been often among the Indians when mischief was done among the English, and that those Indians who were innocent would tremble for fear.
3. It was proved that afterwards, when Uncas and his Indians went with several of the Stamford Indians to seek the dead body, he not only conducted them directly to the spot, notwithstanding his former professions of ignorance, but afterwards as they were roast- ing venison, slipped out of sight and ran away, "so that Uncas brought word that Taphanse was matchet."* To this he replied that he did run away, because he had been told by another Indian that Uncas was intending to seize him. He admitted that he did very ill in so doing, and gave just cause of suspicion, and professed to be very sorry for it. He also said that Toquattoes had told him, some time after the murder was committed, where the remains could be found.
4. This was another ground of suspicion. There appeared to have been no little "correspondency" and mutual understanding between Taphanse and the murderer. He was asked how he knew so perfectly that Toquattoes did the murder,-was he by ? To this his answer was not entirely satisfactory, though it might be true, and if true, was consistent with his innocence. He was asked how he came to see Toquattoes after the murder, when he ascertained the place where the remains were to be found. He answered that Mr. Lawes sent him on that errand,-a circumstance, which in his former examination at Stamford he had not mentioned at all. It also appeared that 'Toquattoes had been at Stamford the winter be- fore the trial; and that Taphanse saw him there, and though he knew himself to be suspected, took no pains to clear himself by
* " Matchit-naught or evil." Roger Williams, Key, 50.
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making it known that the murderer was there, but concealed the guilty person. He admitted that this was suspicious; but said the English never told him to do any such thing.
The sentence of the court was pronounced by Gov. Leet. It ex- hibits, as the decisions of those courts sometimes do, some principles that seem to us altogether out of place in a judicial proceeding ; but it shows no hatred towards the Indian. After summing up the evi- dence, the governor declared, " that in the whole there stands a blot against him of suspicion ; that there was sufficient ground for his ap- prehending and committing to durance, and all that he hath said at this time cannot clear him of a stain of suspicion. But as being guilty of the murder directly or accessary, he did pronounce him not guilty in point of death ; but must declare him to stand bound to pay all charges that hath been about him ; and leave him guilty of sus- picion, and that he stands bound as his duty, to do his best endeavor to obtain the murderer, and now to remain in durance until the next session of the court, about a fortnight hence, except he can give some assurance of his paying the charge before ;- which charge was con- cluded to be £10."
The Indian answered, " that he would do his utmost endeavor to procure Toquattoes; and for the charge he is poor, but he will send to his friends to see what may be done in it." He "desired that his chain may be taken off; he was told, then he would run away. He answered that upon his running away he confessed himself guilty, and said they should kill him. Upon this he was granted to be at liberty, so that he appear at the next meeting of the court, which he promised to do, although he could not obtain the money." Nothing seems to have been done at the next court. The charge was doubt- less borne by the jurisdiction.
Another specimen of justice inflicted upon the English for wrong done to the Indians, is found under the date of the first of March, 1664. "Nathaniel Tharpe being called before the court for stealing venison from an Indian called Ourance,-Ourance was called and asked what he had to say against Nathaniel Tharpe. Nasup on his behalf declared, that Ourance had killed a deer, and hanged some of it upon a tree and brought some of it away, and coming by (on the Sabbath day in the afternoon) Nathaniel Tharpe's house, his dog barked, and Nathaniel Tharpe came out and asked Ourance, what he carry ? and Ourance said, Venison, and further said that he had more a little walk in the woods. Then Nathaniel Tharpe said to him that the wolf would eat it. Ourance said, no, he had hanged it
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upon a tree. Then he said that Nathaniel Tharpe said to him, Where, where ?- and he told him, A little walk, and to-morrow he would truck it. Then to-morrow Ourance went for the venison, and two quarters of it was gone ; and he see this man's track in the snow, and see blood. Then he came to Nathaniel Tharpe and tell him that he steal his venison ; but Nathaniel Tharpe speak, Ourance lie, and that he would tantack him. And Ourance further said, that he whis- per to Nathaniel Tharpe, and told him if he would give him his veni- son he would not discover him ; but still he peremptorily denied it, and told many lies concerning it, and after it was found in an out house of his, he said he had trucked it the week before, &c. Nathan- iel Tharpe was asked what he had to say to this that was laid against him? He answered, he should not deny that which was true ; but that he said so often to him, Where, where it was, he did not ; but he did ask him where he had been ; and that he told him, in the woods a little walk ; and that which he had said before the magistrates was the truth, that he had a hurry came upon him to go to fetch it; and he went in the evening after the Sabbath, and followed the Indian's track, and found it. He said that his sin was great," &c. "He was told seriously of his sin and of his falseness"-of which some particulars are set down in the record ;- " and he was told the seve- ral aggravations of his sin, as that it seemed to be conceived on the Lord's day, staying at home by reason of some bodily weakness,- and that he had done it to an Indian, and to a poor Indian, and when himself had no need of it,-and so often denying it, &c. whereby he makes the English and their religion odious to the heathen, and thereby hardens them." "So the court proceeded to sentence, and for his theft declared, according to the law in the case, that he pay double to the Indian, viz. the venison with two bushels of Indian corn ; and for his notorious lieing, and the several aggravations of his sin, that he pay as a fine to the plantation 20 shillings, and sit in the stocks the court's pleasure. And he was told that were it not that they considered him as sometimes distempered in his head, they should have been more sharp with him."
The first trial on the records of the New Haven colony is that of the Pequot captain. The last is the trial of an Indian from a dis- tance, who, for some abuse offered to the person of a young girl, was ordered to be severely whipped and sent away to his own country, and warned not to return again at his peril. This was on the 23d of May, 1664.
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No. IX.
GOVERNOR EATON.
AFTER the death of Gov. Eaton, "there was found in his cabinet a paper fairly written with his own hand, and subscribed also with his own hand, having his seal also thereunto affixed, as his last will and testament, which said will though not testified by any witnesses, nor subscribed by any hands as witnesses," was presented to the court of magistrates, and was by them recognized and confirmed as Governor Eaton's last will and testament, notwithstanding the informality, "because," said they, "his hand writing is so well known to many of this court and very many others, that we do believe and judge that the said paper was all written and sub- scribed with the said Mr. Eaton's own hand, and intended by him to be his will and testament."
The will begins thus, " I, Theophilus Eaton, sometime of London, merchant, now planter in New Haven, in New England, at present enjoying, through God's goodness, comfortable health, and memory, but considering the shortness and uncertainty of man's life and my own age and weakness, do make and ordain," &c. "First, I com- mend my soul into the hands of God, reconciled and become a father unto me in Christ Jesus my Lord, and my body," &c. He gives to his wife one third part of his real estate "whether in England, lying and being in the parish of Great Budworth, in the county of Chester, or in any other place in the said county, or whether in New England, in or near New Haven aforesaid, to have and to hold the same du- ring her life. He also gives to his wife one third of the residue of his estate, his debts and funeral expenses being first paid, adding, " and in token of my love, fifty pounds over and above her thirds." " And whereas I received of Mr. John Evance, sometime of New Haven, now settled in London, by order of Mr. Nathaniel Riley of London, the sum of one hundred pounds for a legacy intended for the good of some part of New England, though not so expressed, I hereby declare that I have already delivered to our reverend pastor, Mr. John Davenport, certain books lately belonging to my brother, Mr. Samuel Eaton, intended for the use of a college, and apprised, as I take it, to about or near twenty pounds, (as by my brother's ac-
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count may appear,) as a part of the said hundred pounds ; and further, I have disbursed in rigging, iron-work, blocks and other charges, several years since, towards the ship Fellowship, I conceive, the whole remainder of the said £100, all which, I take it, is in the hands of Mr. Stephen Goodyear, as by an account he hath under my hand ; or if it should fall any thing short, my will and mind is that it be duly made up out of my estate, and be improved for the good of New Haven, by the advice of the magistrates and elders there." He provides for a settlement of accounts with his brother Samuel and leaves him "twenty pounds as a legacy." He gives "to Mary Low, daughter to my sister Frances, the sum of ten pounds,"-" to my wife's son, Thomas Yale, five pounds,"-" to my dear son-in-law, Mr. Hopkins, and to my reverend pastor, Mr. John Davenport, to each of them, ten pounds, as a small token of my love and respect." The remainder of his estate he orders to be divided equally between his three children, Mary, Theophilus, and Hannah ; only from Ma- ry's part is to be deducted &£200 previously paid for her to her hus- band, Valentine Hill; and "what shall be paid out of my estate to answer any miscarriages of my son Theophilus," is to be deducted from his portion. His son-in-law, Edward Hopkins, and his wife, are appointed, executor and executrix. The instrument is dated 12th of August, 1656.
The inventory of his estate in the colony is summed
up at £1515 12 6
To which was to be added for debts due to the
estate, 41 00 2
From which was to be deducted for debts due
from the estate, and funeral expenses, - 115 17 1
"So there rests, - £1440 15 7"
He who reads over the particulars inventoried will not fail to per- ceive that the governor, as Hubbard says, "maintained a port in some measure answerable to his place." A few of the particulars are selected.
"Imprimis, all his wearing apparel, - £50 00 00
Itm. in plate, -
- 107 11 00
Itm. in a piece of gold 20s., and in silver, 25s., 2 05 00
Itm. in two signet rings of gold, 2 12 00"*
* There was also " a silver gilt basin and ewer" valued at £40, which, being claimed by Mrs. Eaton " as her proper estate," was not included in the inventory. See Mather, II, 27.
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Here is a curious illustration of the scarcity of money. The rich- est man in New Haven with something like $700 worth of plate in his house, had only about $10 in money. This might be called a hard currency.
The articles " in the green chamber" were as follows.
" a cypress chest, - - - · £1 10 0 Itm. a cupboard with drawers, 45s., a short table, 6s.8d., 2 11 8
Itm. a bedstead, 10s., a tapestry covering for a bed, ££4, 4 10 0 Itm. a tapestry carpet, £4, a bed coverlet, 13s. 4d., 4 13 4 Itm. a green cupboard cloth, 26s. 8d.,-another cup- board cloth, 15s., - 2 01 8 -
Itm. 6 cushions of Turkey work, a long window cushion, 2 13 4 Itm. 2'needlework cushions, 16s., 6 green cushions, 20s., 1 16 0 Itm. a couch with the appurtenances, 1 10 0 - -
Itm. a green cupboard cloth, 6s. 8d., a green carpet fringed, 30s., -
- 1 16 8 Itm. 2 white blankets, - -
- -
1 06 8
Itm. a red cupboard cloth laced, - - -
5 6
Itm. a set of curtains with valance fringed, 1 10 0
Itm. a down bed, 4 pillows, and a feather bolster, 6 10 0
Itm. 3 white blankets, £2. 10s., a rug, £2. 10s., - 5 00 0
Itm. a set of green curtains and valance, fringed and laced, -
3 00 0 Itm. hangings about the chamber, 2 15 0
Itm. a pair of brass andirons, dogs, fire-pans, and tongs of brass, 1 10 0
Itm. a short green carpet, 3s. 4d., a great chair, and two little chairs, 18s., -
1 01 4
Itm. 6 low stools, 24s., a looking glass, 10s., - 1 14 0 Itm. red valance, crewel and canvass, -
10 0
Beside "the green chamber," there was "the blue chamber," with nothing of " blue laws" in the furniture,-" the hall," a stately apartment as I judge, with "drawing table," and "round table," "green cushions," "great chair with needlework," " high chairs" and "high stools," "low chairs" and "low stools," "Turkey car- pet," "high wine stools," "great brass andirons," &c .- " the par- lor," less considerable than the hall,-" Mrs. Eaton's chamber," with abundant furnishing,-" the chamber over the kitchen,"-and "the other chamber." In "the counting house" one item is,
1
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" books, and a globe, and a map," amounting to £48. 15s. The real estate, consisting of "the house with all the accommodations thereunto, with the two farms, and the half part of the mill," is ap- prised at £525.
The estate of Governor Eaton, was by a vote of the town, freed from taxes for a year after his death, as a testimony of gratitude for his great public services. At the suggestion of Lieut. Nash, it was provided that this should not be a precedent for similar exemptions afterwards.
Mrs. Eaton, soon after her husband's death, returned to England with her children. The town sent a man with her to Boston at the public expense. This was done, obviously, less out of affection to her than out of gratitude to the memory of her husband. By this removal, Elihu Yale, her grandson, whose name was afterwards given to the college here, was taken to England, he being then about ten years old. To my mind there is a beauty in the providential connection between the family of Eaton and the endowment of Yale College.
The governor in the New Haven colony, and in the other colo- nies at that early day, was not simply the head of the executive de- partment. He was chief magistrate. He presided in all courts, from the General Court for the jurisdiction down to the town meet- ing for New Haven. Eaton was the ruling mind of the colony in all that related to the laws and the administration of the laws; and if there is any thing to be ashamed of in the early jurisprudence of New Haven, the disgrace must attach itself to his memory. It was my intention to give in this place, from the only authentic sources, a complete exhibition of the courts, laws, crimes, and punishments in the colony of New Haven, as they were in theory and in actual ope- ration. But I find that the limits of this volume will not allow me to enter upon such an undertaking. A mere outline would not be sat- isfactory, either to the friends, or to the maligners, of the New Eng- land fathers,
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No. X.
THE STATEMENT OF THE NEW HAVEN COLONY.
IT was once said by a well informed man, that the coerced union of New Haven with Connecticut was parallel in wrong with the par- tition of Poland. Without assenting to so strong an affirmation, we must admit that the transactions of that period on the part of Con- necticut, "do not tell well in history." There is a strong and highly probable tradition, that many of the people of New Haven colony were at the first desirous of a union with Connecticut on equal terms. Yet the manner in which the Connecticut authorities proceeded, not merely proposing a union, but by virtue of their royal charter de- manding submission, and receiving under their protection, not only those towns which chose to unite with them, but even individuals in towns which adhered to their old organization, seems to have occa- sioned in New Haven a more united and prolonged resistance to the union.
A serious difficulty occurred in Guilford on the 30th of December, 1663. A violent and troublesome man, who had put himself under the protection of Connecticut, finding that he was likely to be called to a severe account, "went up to Connecticut and there obtained two of their magistrates, marshal, and sundry others to come down with him" for the purpose of enforcing the jurisdiction of Connec- ticut. These dignitaries "coming into the town at an unseasonable time of night, their party by shooting off sundry guns, caused the town to be alarmed unto great disturbance." Governor Leete sent away to Branford and New Haven for help, "which caused both those towns to be alarmed also to great disturbance the same night." Men were sent over from New Haven and Branford to maintain at any rate the authority of the colony. The gentlemen from Connec- ticut, finding their force inadequate, appear to have withdrawn, proposing that there should be another negotiation between the two colonies, "wherein they hoped matters might come to a more com- fortable issue." On this occasion the General Court was convened on the 7th of January, 1664, " though the weather proved very un- seasonable." Governor Leete having told the whole story, desired to know " whether the court would yield so far" as to suspend the
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enforcing of their authority till after another negotiation. "But the court considering how fruitless all former treaties had been, and that they had formerly ordered that there should be no more treaty with them, unless they first restore us those members, which they had so unrighteously taken from us, therefore did now again confirm the same, and in the issue came to this conclusion, to desire Mr. Dav- enport and Mr. Street, to draw up in writing all our grievances, and then, with the approbation of as many of the committee as could come together, to send it to Connecticut unto their General Assem- bly,-which accordingly was done in March next." For that docu- ment, " with arguments annexed, and sundry testimonies both from Guilford and Stamford," the Secretary refers to a subsequent page, where he says they are recorded. The record, however, to which he refers, was never quite finished. The original, I am told, is not found among the archives of the State at Hartford.
"The writings sent to the General Assembly of Connecticut here followeth ; and the first is called,
" 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 your- selves do or may know to be true as followeth.
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