Part 18

Connecticut made no reply to this letter, but, at a General Assembly held March 11, 1663, the Deputy-Governor, Matthew and John Allen, and John Talcott, were appointed a committee to treat with their friends in New Haven on the subject of a union. But the hasty measures of the General Assembly in admitting the disaffected members of the several towns under the jurisdiction of New Haven, before they had invited them to incorporate with them, had so soured their minds and prejudiced them, that this committee had no better success than the former.

While these affairs were transacted in the colonies, the petition and address of New Haven to his Majesty arrived in England; upon which, Governor Winthrop, who was yet there, by advice of friends of both colonies, agreed that no injury should be done to New Haven, and that the union and incorporation of the two colonies should be voluntary. Therefore, on the 3d day of March, 1663, he wrote to the Deputy-Governor and Company of Connecticut, certifying them of his engagements to the agent of New Haven, and that, before he took out the Charter, he had given assurance to their friends that their interest and privileges should not be injured by the patent. He represented that they were bound by the assurance he had given, and therefore wished them to abstain from all further injury and trouble to that colony. He imputed what they had done to their ignorance of the engagements which he had made. At the same time, he intimated his assurance that, on his return, he should be able to effect an amicable union of the colonies.

Connecticut now laid claim to Westchester, and sent one of her magistrates to lead the inhabitants to a choice of their officers, and to administer the proper oaths to such as they should elect.

The colony also extended their claim to the Narragansett country, and appointed officers for the government of the inhabitants of Wickford.

Notwithstanding the remonstrance of the court at New Haven, their appeal to King Charles II., and the engagements of Governor Winthrop, Connecticut pursued the affair of a union in the same manner in which it was begun. At a session of the General Assembly, August 19, 1663, a committee was again appointed to treat with their friends at New Haven, Milford, Guilford, and Branford, relative to their incorporation with Connecticut. Provided they could not effect a union by treaty, they were authorized to read the Charter publicly at New Haven, and to make declaration to the people there that the Assembly could not but resent their proceedings as a distinct jurisdiction, since they were evidently included within the limits of the Charter granted to the corporation of Connecticut. They were instructed to proclaim that the Assembly did desire, and could not but expect, that the inhabitants of the above towns would yield subjection to the government of Connecticut.

At a meeting of the commissioners in September in the same year, New Haven was owned by the colonies as a distinct confederation. Governor Leet and Mr. Fenn, who had been sent from that jurisdiction, exhibited a complaint against Connecticut for the injuries they had done, by encroaching upon their rights, receiving their members under their government, and encouraging them to disown their authority, to disregard their oath of allegiance, and to refuse all attendance on their courts. They further complained that Connecticut had appointed constables in several of their towns, to the great disquiet and injury of the colony. They prayed that effectual measures might be taken to redress their grievances, to prevent further injuries, and secure their rights as a distinct confederation.

Governor Winthrop and Mr. John Talcott, commissioners from Connecticut, replied that, in their opinion, New Haven had no just grounds of complaint; that Connecticut had never designed them any injury, but had made to them the most friendly propositions, inviting them to share with them freely in all the important and distinguishing privileges which they had obtained for themselves; that they had sent committees amicably to treat with them; that they were still treating, and would attend all just and friendly means of accommodation.

The commissioners of the other colonies, having fully heard the parties, determined that “where any act of power had been exerted against the authority of New Haven, the same ought to be recalled, and their power reserved to them entire, until such time as, in an orderly way, it shall be otherwise disposed.” With respect to the particular grievances mentioned by the commissioners of New Haven, the consideration of them was referred to the next meeting of the commissioners at Hartford.

In this situation of affairs an event took place which alarmed all the New England colonies, and at once changed the opinion of the commissioners, and of New Haven, with respect to their incorporation with Connecticut.

King Charles II., on the 12th of March, 1664, gave a patent to his brother, the Duke of York and Albany, of several extensive tracts of land in North America, the boundaries of which are thus described:

“All that part of the main land of New-England, beginning at a certain place called and known by the name of St. Croix, next adjoining to New-England, in America, and from thence extending along the sea-coast into a certain place called Pemaquie, or Pemaquid, and so up the river thereof to the furthest head of the same, as it tendeth northward, and from thence extending to the river Hembequin, and so upward, by the shortest course, to the river Canada northward; and also all that island or islands commonly called by the general name or names of Meitowax, or Long-Island, situate and being toward the west of Cape Cod, and the narrow Highgansets abutting on the main land, between the two rivers, these called and known by the several names of Connecticut and Hudson’s Rivers; and all the land on the west side of Connecticut River, to the east side of the Delaware-Bay; and also all those several islands called or known by the names of Martin’s Vineyard, or Nantucks, otherwise Nantucket: together,” etc., etc.

The concern of the Duke of York for his property, and the aversion both he and his Majesty had for the Dutch, led them to dispatch an army and fleet to New England for the reduction of the Dutch settlement on the continent. Colonel Richard Nichols was chief commander of the fleet and army. Sir Robert Carr, George Cartwirth, and Samuel Maverick, Esq., were appointed commissioners with him, to determine all matters of complaint and controversy, and settling the country in peace.

Colonel Nichols arrived in Boston, with the fleet and troops under his command, on the 23d of July, 1664. He then sailed for the New Netherlands on the 20th of August, and made a demand of the town and forts upon the island of Manhadoes. Governor Winthrop, and several magistrates and principal gentlemen of Connecticut, joined him at the west end of Long Island, according to his request.

Stuyvesant, the Dutch Governor, was an old soldier, and, had he been better prepared and the people united, doubtless could have made a brave defense. But he had no intimations of the design until the 8th of July, when he received intelligence that a fleet of three or four ships of war, with three hundred and fifty soldiers on board, were about to sail from England against the Dutch settlements. Upon this he immediately ordered that the forts should be put in a state of defense, and sent out spies into several parts of Connecticut for further information. It has been said that the Dutch Governor was negotiating a neutrality with Connecticut when he received the news of the fleet’s arrival in Boston. Stuyvesant was extremely opposed to a surrender of the fort and town. Instead of submitting to the summons at first sent him, he drew up a long statement of the Dutch claims, and their indubitable right to the country. He insisted that, had the king of England known the justice of their claims, he never would have adopted such measures against them. He concluded by assuring Colonel Nichols that he should not submit to his demands, nor fear any evils but such as God in his providence should inflict upon him.

Colonel Nichols, in his first summons, had in his Majesty’s name given assurance that the Dutch, upon their submission, should be safe as to life, liberty, and property. Governor Winthrop also wrote a letter to the Governor and Council, advising them to surrender. But they were careful to secrete the writings from the people, lest the easy terms proposed should induce them to surrender. The burgomasters and people desired to know of the Governor what was the import of the writings he had received, and especially of the letter from Governor Winthrop. The Dutch Governor and his Council giving them no intelligence, they solicited it the more earnestly. The Governor, irritated at this, in a paroxysm of anger tore the letters to pieces; upon which the people protested against his conduct and all its consequences.

While the Governor and Council were thus contending with the burgomasters and people, the English commissioners issued a proclamation to all the inhabitants who would become subject to his Majesty, “that they should be protected by his Majesty’s laws and justice, and enjoy whatever God’s blessing and their honest industry had furnished them with, and all the other privileges with his Majesty’s English subjects.”

The Dutch, therefore, on the 27th of August, submitted upon terms of capitulation. The articles secured them in the enjoyment of liberty of conscience in Divine worship, and their own mode of discipline. The Dutch Governor and people became English subjects, enjoyed their estates, and all the privileges of Englishmen. Upon the surrender of the town of New Amsterdam, it was named New York, in honor of the Duke of York.

Fort Orange, or Aurania, surrendered on the 24th of September, and was named Albany, after the Duke of York and Albany. Sir Robert Carr proceeded to the Delaware, and on the 1st of October compelled the Dutch and Swedes to capitulate. Upon this day the whole of the New Netherlands became subject to the crown of England.

Mr. Whiting, who was in Boston, and learned much of the temper of the commissioners, was sent back in haste to give information of the danger in which, it was apprehended, the colonies were, to advise New Haven to incorporate with Connecticut without delay, and to make a joint exertion for the preservation of their chartered rights. This was pressed not only as absolutely necessary for New Haven, but for the general safety of the country. In consequence of this intelligence a General Court was convened at New Haven on the 11th of August, 1664. Governor Leet communicated the intelligence he had received, and acquainted them that Mr. Whiting and Mr. Bull, in their own name, and in behalf of the magistrates of Connecticut, pressed their immediate subjection to their government. The Court was certified that, after some treaty with these gentlemen, their committee had given an answer, purporting that if Connecticut would, in his Majesty’s name, assert their claim to the colony of New Haven, and secure them in the full enjoyment of all the immunities which they had proposed, and engage to make a united exertion for the preservation of their chartered rights, they would make their submission. After a long debate the Court resolved that, if Connecticut should come and assist their claim, as had been agreed, they would submit until the meeting of the commissioners of the united colonies. The magistrates and principal gentlemen of the colony seem to have been sensible not only of the expediency, but of the necessity, of an incorporation with Connecticut. The opposition, however, was so general among the people that nothing further was effected. The Court of Commissioners was so near at hand that no further demands were made on New Haven until their advice could be known. The General Assembly met early in September, and passed a remonstrance against the sitting of Governor Leet and Deputy-Governor Jones with the commissioners. In the remonstrance they declared that New Haven was not a colony, but a part of Connecticut, and made claim to it as such. They insisted that owning that as a colony, distinct from Connecticut, after his Majesty had by his letters-patent incorporated it with that colony, was inconsistent with the king’s pleasure; would endanger the right of all the colonies, and especially the charter-rights of Connecticut. The Assembly, at the same time, declared that they would have a tender regard to their honored friends and brethren at New Haven, and exert themselves to accommodate them with all the immunities and privileges which they conveyed by their Charter.

On the 1st of September the Court of Commissioners met at Hartford. The commissioners from New Haven were allowed their seats with the other confederates. The case of New Haven and Connecticut was fully heard, and though the Court did not approve of the manner in which Connecticut had proceeded, yet they earnestly pressed a speedy and amicable union of the two colonies.

To remove all obstructions on their part, the commissioners recommended it to the General Courts of Massachusetts and Plymouth, that, in case the colony of New Haven should incorporate with Connecticut, they might then be owned as one colony, and send two commissioners to each meeting; and that the determinations of any four of the six should be equally binding on the confederates as the conclusions of six out of eight had been before. It was also proposed that the meeting, which had been at New Haven, should be at Hartford.

In compliance with the advice of the commissioners, Governor Leet convened a General Court in New Haven on the 14th of September, and communicated the advice which had been given them to unite. They considered whether, if the king’s commissioners should visit them, they would not be much better able to vindicate their liberty and just rights, in union with Connecticut under the royal patent, than in their present circumstances; and many insisted, notwithstanding, “that we stand; as God had kept them to that time, was their best way.” Others were intensely of the contrary opinion, and, after a full discussion of the subject, no vote for union or treaty could be obtained.

New Haven and Branford were more fixed and obstinate in their opposition to an incorporation with Connecticut than any of the other towns in that colony. Mr. Davenport and Mr. Pierson seem to have been among its chief supporters. They, with many of the inhabitants of the colony, were more rigid with respect to the terms of church-communion than the ministers and churches of Connecticut generally were. A considerable number of the churches in Connecticut were in favor of the propositions of the General Council, which met at Cambridge in 1662, relative to baptism of children whose parents were not in full communion. The ministers and churches of New Haven were universally and utterly against them. Mr. Davenport, and others in this colony, were also strong in the opinion that all government should be in the Church. No person in the colony could be a freeman unless he was a member in full communion. But, in Connecticut, all orderly persons possessing a freehold to a certain amount might be made free of the corporation. Those gentlemen who were so strong in their opposition were jealous that a union would mar the purity, order, and beauty of their churches, and have an influence on the civil administrations. Besides, it was a painful reflection that, after they had been at so much pains and expense to form and support themselves as a distinct government, and had been many years owned as one, their existence must cease and their name be obliterated. Milford at this time broke off from them, and would no more either send magistrates or deputies to the General Court. Mr. Richard Law, a principal gentleman in Stamford, also deserted them.

In this state of affairs the General Assembly of Connecticut convened on the 13th of October. This was an important crisis with the colony. Their liberties were not only in equal danger with those of the sister-colonies, from the extraordinary powers and arbitrary dispositions and measures of the king’s commissioners, but the Duke of York, a powerful antagonist, had received a patent covering Long Island and all that part of the colony west of Connecticut River. William and Anne, the Duke and Duchess of Hamilton, had petitioned his Majesty to restore to them the tract of country granted to their father, James, Marquis of Hamilton, in the year 1635; and his Majesty had, on the 6th of May, 1664, referred the case to the determination of Colonel Nichols and the other commissioners. Besides, the state of affairs with New Haven was neither comfortable nor safe.

The Legislature, to conciliate the commissioners and obtain the good graces of his Majesty, ordered a present of five hundred bushels of corn to be made to the commissioners. A large committee was appointed to settle the boundaries between Connecticut and the Duke of York. A committee, consisting of Messrs. Allen, Wyllys, Talcott, and Newburg, was appointed to settle the boundary-line between this colony and Massachusetts, and between Connecticut and Rhode Island. They were instructed not to give away any part of the lands included within the limits of the Charter.

Mr. Sherman, Mr. Allen, and the Secretary, were authorized to proceed to New Haven, and, by order of the General Assembly, “in his Majesty’s name to require the inhabitants of New Haven, Milford, Branford, Guilford, and Stamford, to submit to the government established by his Majesty’s most gracious grant to this colony, and to receive their answer.” They were authorized to make declaration, that the Assembly did invest Messrs. Leet, Jones, Gilbert, Fenn, Crane, Treat, and Law, with the powers of magistracy, to govern their respective plantations agreeably to the laws of Connecticut, or such of their own laws as were not inconsistent with the Charter, until their session in May next.

The gentlemen appointed to this service on the 19th of November went to New Haven, and proceeded according to their instructions.

About this time Governor Winthrop, Mr. Allen, Mr. Gould, Mr. Richards, and John Winthrop, the committee appointed to settle the boundaries between Connecticut and New York, waited upon the commissioners on York Island. After they had been fully heard in behalf of Connecticut, the commissioners determined “that the southern boundary of his Majesty’s colony of Connecticut is the sea; and that Long Island is to be under the government of the Duke of York, as is expressed in plain words in the said patents respectively. We also order and declare, that the creek or river called Mamaroneck, which is reputed to be almost twelve miles to the east of West Chester, and a line drawn from the east point or side, where the fresh water falls into the salt, at high-water mark, north-northwest to the line of Massachusetts, be the western bounds of said colony of Connecticut; and the plantations lying westward of that creek, and a line so drawn, to be under his Royal Highness’s government; and all plantations lying eastward of the creek and line to be under the government of Connecticut.”

In consequence of the acts of Connecticut, and the determination of the commissioners relative to the boundaries of the colony, a General Court was called at New Haven on the 13th of December, 1664, and the following resolutions were unanimously passed:

I. “That by this act or vote we be not understood to justify Connecticut’s former actings, nor anything disorderly done by their own people, on such accounts.

II. “That by it we be not apprehended to have any hand in breaking and dissolving the confederation.

III. “Yet, in loyalty to the king’s Majesty, when an authentic copy of the determination of his Majesty’s commissioners is published, to be recorded with us, if thereby it shall appear to our committee that we are, by his Majesty’s authority, now put under Connecticut patent, we shall submit, by a necessity brought upon us by the means of Connecticut aforesaid, but with a _solvo jure_ of our former rights and claims, as a people who have not yet been heard in point of plea.”--ED. NOTE.

[25] While the churches were thus divided, they were alarmed by the appearance of the Quakers. A number of them arrived in Boston in July and August, and had been committed to the common gaol. A great number of their books had been seized with the view to burn them. In consequence of their arrival, and the disturbance they had made in Boston, the commissioners of the united colonies, at their court in September, recommended it to the several General Courts,

“That all Quakers, Ranters, and other notorious heretics, should be prohibited coming into the united colonies; and that, if they should come or arise among them, they should be forthwith secured and removed out of all the jurisdictions.”

In conformity with this recommendation, the General Court of Connecticut, in October, passed the following act: