The Connecticut courant — Hartford, Conn., 1774-04-05 00:00:00, page 4

* Recordt of the united cornier. Prince p'
94 Th; dppendix Mr Smith in hit hiflory of
Neu) Yjrk,represent) this hou/e at buht in 1635,
but h- it enti'-eff mijlaken.
j Recordt of the colony of Connefiicut.
§ 1661, agreeably to the present method of
dating.
With regard to the objection (o fir as it rc*
hteth to the (late of the colony, when it was
veiled with powers of government, by royal
charter, it seems to arise from a want of imfor
matioa relative to the true biftory of the cou
try.lt will therefore be oecdTtry to give a more,
particular view of this, in force refpe&s, torn
I hare yet done. With regard to the Dutch
claim to Conoe^icut, it was without all found*-,
lion : they might have jail as well laid cfe'm
to all New-England, f They never were poflef
fed of more .than about twenty acres of land
within the whole colony. This was atHartford.
They made a pretended purchsfe of it, of aPc-.
quot captain, who fold it out of the hands of the
original proprietors, it seems nnder the pre
tence of a right by conqarft. This purchase
was in Juoc 1633. The fame year they built
the Dutch Houle called the Hirfe of good hope,
grade a (mail fortification and mounted one or
two cannon, vtith a view to prevent the Eoglifh
from going up the river * This is the only
Butch house I can find they ever built in the
colony, in ancient tunes. In 16^400 the
commencement of the Dutch war, the Eoglifh
at Hartford, difpofTcfled them of the house and
(mill plat which they had tberej Co that at the
time, when the patent tn Conne<Qicnt ran made
out, they had no footing io the colony. The
Peqiots had been conquered aim oft at the foie
expcicc of Coooe&cat, and so the country be
longed to them by conquest, as the moR of it
had been conquered by the Pcquots and was un
der their government. The Conucfiicut plan
ters had also before the charter purchased of the
natives, mad ®f the lands caftward of the
Dutch fettlemcnts. As early as 1638, and
1639, (cttlcments were made under Cennefti
cut at Unqumse Fairfield, and at Pcquonock,
Stratford ; aad io 1640 a purchase was made
of Poqusem, Norwalk aad a plantation was (oon
begun there Thcfe were great towns when
the charter was granted, exceeded by few in
the colony, in the grand lift, which I have now
before me. There had been a fort of inferior
court appointed for thcfe towns, at Fairfield,
near twenty years before the charter, and a
great part of this time they bad a particular
court, as it was called,the fame as the fupertor
court, at this day. In 1644 Conncdient made
a purchase of George Fenwick, E(q; agent of
Lord Say and Seal,of all the right of their lord
(hips to any part of the colony ; and Major
John Mason, as agent of the colony, having
purchased before by particular towns, made a
public furreoder of th'em to the colony io the
prefeacc of the General Affcmbly March 14th,
1660 1 § Thcfe fails lam able to aver,from
extrads which I have made with my own
hands.
esver deGgaed to extend the patent Jar beyond
f&iMit&iai river, end to be fare not further
thio the boaadarie* between the Engliffi and
Dutch fettleragota. The Dutch claim extend
ed to all that part of the colony of Cooredicat
river, hew-Haren colony war about the centre
of the Coooed cut patent and in the very heart
of that colony. as they themfelve* ex press I y (ay
in one of their letter* to the colony of New Hat
ven. This (hew* at lead that they had no idea
of the ex’cafion of their colony beyond the
Datch fettfements, . Bcfde it is plain that the
charter was not deGgned to include the colony
of New Havep. sod much left could it include
« raft territory beyond the province of New
Yore. The co ony of Gonoc&icut, moreover,
in their letters (peak of the fectlcnacnt, between
them and the duke of York relative to patent
bounds as being a good iflue of that matter,
which it coaid not be, if ih: patent was defigo
cd ag-eeable to the letter of it, to convey terri
tory to the font fa fess, --
f Tbit it mo Q evident from the records of the
untied co'oniet, from Governor Hut chin fan' t
Hißorf Prince, and other t.
A k 3 w a a.
From these it appears that the colony of Coq^
nedicut hid actually made a purchafc of all the
lands within the colony to the caftward of the
Dutch fettlemcnts : & had obtained the right of
preemption to al! the red of the territory within
the charter, excepting that part of it which lies
(ouih ofa due wed line, drawn f«ons the ka
precisely at the distance of an hundred and
twenty miles from fjarraganfrt river, to the
wertera oeesn. This part of the lands coming
within the limits of the charter fomh of said
Une now mentioned seems to have been granted
purely of his majesty's royal beneficence <0 his
governor and colony cf Connecticut, over and
above what was c ntained in the old patent to
the earl of Warwick. This was done, proba
bly that the whole of N:w,England, weft of
Narr«ganfet bay, and sou h of the line of the
Maflachufcm might be included in the patent.
That the whale of the earl of Warwick’s patent
was porch.fed by Cqnncdicut, and that it was
the dclign efhis m.jcfty to make a confirmati
on of it to the Governor and C mpany of the
co’ony is clearly evident from the petition to
th- king n extr.ft from which I have laid be
fe/ public aad also from the declaration
c the.council on the tri<f> of the claim
of D. Hjuh ten.' aod from the werds of the
charter, which is predicated on said petition;
This is fur uer evident from the fetter of Lord
Say and Seal, to Mr. Winthrop, when in Lon-,
don, foiicitng the patent, said he, I received
your fetter,and I would have been glad to have
had an opportunity of being it London fcyfclf,
to have done ym and my good friends, in
Ke y E. g and, the bed service I com Id ; but
my weakoefs, &c — f have wrote to the earl of
Manchdkr, lord chamberlain of his majesty’s
houlhould, to give- you the bell tffiftance he
may, &c. 1 have written to my lord cham
berlain, that when yen fhJl attend him, (which
I think will be bell for you to do, and there
fore 1 have feelofcd a letter to him in yours)
that you may deliver it and I base deGred him
to acquaint you where you may speak with Mr.
Jefap, who whewe had the patent, was our
clerk, and he, I believe, is able to inform you
bell about it, and I Have desired my lord to with
him so to de.” It is mod evident from this
letter that it was the design and dcfirc of Lord
Say and Seal, that hit patent (hould be confirm
ed to Connecticut, and that he was glad to do
all in his power to effect it, and wro'e to the
chamberlain to give countenance to the buSuefs.
Now from this view of fads, all that part of
the obje^ioa relative to the Kate of the colony
when the chancr was obtained, and these words
in the patent, “ The fame colony or the great
ell part thereof was purchased and obtained for
great and valuable confiderattons,” entirely
van idles : for it is true, in faft, that the great
est part of the territory by far compreheeded in
the charter, was thus purchased. And, as to
the other words to which, force objedt, to so
extensive a clai^r as i here contended for, viz.
“ And force other part thereof gain cd by con
quest, and with much difficulty, and at the only
endeavour expence, and charge* of them, and
their afiociates, and thole under whom they
claim, subdued and improvedf they appear to
be equally true. Some part they had indeed
fubaoed, and that at their own expencc ; and
this is all that is affirmed.
FußTirfcaMOßß, it is most evident from the
hdls above related that it was defigoed to extend
the patent beyond New-Haven ; for who can
suppose that Mr. Winthrop would leave out of
it, fhch canfiferable towns as Fait field. Stratford,
and Norwalk ? Especially wheo it was the ex
press detiga of the charter to confirm such places
to the colony, as had been purchased and sub
dued at their own charge* and expenee ? Io
Gift 1662, The Assembly of Caane<Sicut feet
to thetawoof Wdlchelter, sometimes called
Wfoeheftrj dce’arir.g, That they were compre
hended withi-i the bound; of the charter,and de
siring them, fincc it ha : been h * mijrfty’s p’ea
fare thus to dilpofe of them, to conform to hi*
royal will f. The caiooy the fame year exercif
cd jurifdidioo at Greenwich, and afterwards the
town of Rye was fettled under their jurifdi&ion.
Thcfe fadts abundantly demooflratc that their
f Recordt of Connefiicut,
patent was uadcfflooa by all, even by rttt
Dutch, and bis tn jelly’s comm ffioners to ex<
tend beyond Ncw Havrn. and all thews ia
that jonfdidioo A'lowing therefore V a Jc w _
Haven colony was not t ic uJcd in the pitfeat, it
will not in any refped operate agrinft th e (j t | c
to the lands io difputc : for if the patent extend
ed beyond New Haven as it m®ft certainly did,
& beyond all the to was ioc’udcd in that jutifdic -
tioo, then it m ght extend to ihe western lands,
and to the south teas It dofh not therefore,
(a much a* forn Ih a plsuG^le plea, agaiott Aid
title, if the Aft for which it is so warmly cos
tended, were wolf amply conceded.
But I most further obfsr»c that noth teg is
more evident, tli*n that they were included ia
the charter, aod that it was defigoed to iaclode
them. Ths location which the examiner hat
nude of the old patent of eonnc&icut iocludes
all the old colony of New-Haven ; and this
patent he abuodastly iofiltcth, that the charter
is found. Agreeably therefore to his own ar
gument, New Haren colony was included. Mr:
Winthrop’s p:omifes in London, when he ob
tained the charter, “ That the right* and ia
terefts of the Hew Haven colonists, (hculd not
be difquiited or prejudiced^ the patent,' clear
ly fheweth that they were to be included, aod
in fad, were included in it ; otherwise it would
cot have been in hi* power to disquiet them,
and there would have been es need cf any prb
mife or engagement of that nature. They were
also most certainly comprehended within the
ezpref* limits of the charter, which dcfcribet
all that part of New England> weft oftferragan-
Jet bay, beended south on the f«. la a word,
they submitted to Conoc&ieut, at last, for this
resfoo among others, that they might be defend
ed by CiooefUcut agiinft the king’s commissi
oners, and bare patent rights sod privileges (e
---cared to them t Bot how could Cooncflicutj
defend them against the comm ffioners, and se
cure to them their patent right* aod privileges
unlcfs they Were within the limit* of their chat«
ter ? Nothing, therefore, cm be more evident,-
than that they were comprehended wiihin it’?
known boundaries; J
Tub solution cf the whole aftair relative tc
New Haven, I apprehended, is not cifficult.
The ttuth seems to be this : The colony oi
Ncw-Haveo cenfiftiog only of fire towns, on the
main, io the heart nd Conoedicot 'plantations,
was thought not fufEcicnt for-a diftind govern
ment. And. as bcih colonies purchased, and,,
began their fettlemeots coder the fan?& original
jpateot of lord Say and Seal,lke* so it wat judged
to be for the advantage of both to Quite them i«
one colony, by the charter. But as New
ven had beeo originally fettled as a diftiod in
rifdidion, and had been owned as such for
many years, his Majesty and the ministry chose
rather to have their anion vo’uatary, thana
matter of a mere force and needS y. Therefore
taking a pro aife of Governor Winthrop that the
rights anl intcrefts of New-Haven ffiould cot be
difqueibd or prejudiced by the patent, it was so
draught:d, on defign.as tocomptife them with
in it’s express limits. It was not doubted by
the friends of New Haven colony but that when
they came well to confidcr the matter, and
should underfbnd the ample immunities and pri
vileges granted in the charter, they would glad
ly unite with Conni&icut under one and the
fame government. 1 his is clearly to be collec
ted from fads. Governor Wiathrop in his let
ter to the colony wrote thus, “ If both govern
ments would, with unanimous agreement, unite
io one, their friends judge it for advantage to
both. They do not doubt, but upon future
consideration, there may be (uch a right under*
(landing between both government*, that an
union and friendly joining may be cfhbliffied, to
the fatisfafiion of all, which, at my arrival, I
(hill also endeavour (God willing) to promote.’*
ChoiceMalagaLemons
io be Sold EXTREME id CHEXP, by Jiin
Thomas, Hartford.
J Records of Piem-Haven colony'
{To be continued j
Primed by Eben. Watfan.