CHAPTER IX.

THE last year several persons began settlements at Pequot harbour. Lots were laid out to them, but part of them were soon discouraged, and left the plantation. This year Mr. Richard Blinman,1 who had been a minister in England, removed from Gloucester to this new settlement; in consequence of which a con-siderable addition was made to the number who had kept their station. By the next year, 1648, there was such an accession, that the inhabitants consisted of more than forty families. Some of the principal men were John Winthrop, Esq. the Rev. Mr. Blin-man, Thomas Minot, Samuel Lothrop, Robert Allyn and James Avery. For their encouragement, the general court granted them a three years exemption from all colonial taxation. Mr. Winthrop was authorized to superintend the affairs of the plantation. The next year a court was appointed for the trial of small causes. The judges were Mr. Winthrop, Thomas Minot and Samuel Lothrop. The Indian name of the place was Nameaug, alias Towawog. In 1654, the whole tract, now comprised within the towns of New-London and Groton, was called Pequot, from the name of the harbour and original inhabitants. By this it was known for about four years. On the 24th of March, 1658, the assembly passed an act respecting it, which is so curious, and expressive of the feelings of our ancestors towards their native country, as to render it worthy of publication.

"Whereas, it hath been the commendable practice of the in-habitants of all the colonies of these parts, that as this country hath its denomination from our dear native country of England, and thence is called New-England; so the planters, in their first settling of most new plantations, have given names to those plan-tations of some cities and towns in England, thereby intending to keep up, and leave to posterity, the memorial of several places of note there, as Boston, Hartford, Windsor, York, Ipswich, Braintree, Exeter; this court considering, that there hath yet no place in any of the colonies been named in memory of the city of London, there being a new plantation within this jurisdiction of Connecticut, settled upon that fair river Moheagan, in the Pequot country, being an excellent harbour and a fit and conven-ient place for future trade, it being also the only place which the

1Mr. Blinman or Blynman is first mentioned in Miss Caulkins' History of New-London as being at that town in 1650.

There is no evidence to show that Richard Blinman was established at New-London until 1650, which is the date of the first recorded grant made to him. Miss Caulkins says, "A comparison of the records of Gloucester with those of New London show that he did not remove till 1650."-J. T.


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English in these parts have possessed by conquest, and that upon a very just war, upon that great and warlike people, the Pequots, we therefore that we might thereby leave to posterity that we memory of that renowned city of London, from whence we had our transportation, have thought fit, in honor to that famous city, to call the said plantation New-London." The name of the river was also changed and called the Thames.1

Until this time the governors and magistrates appear to have served the people for the honor of it, and the public good. The general court took the affair into their consideration, and granted the governor 30 pounds annually. The same sum was also voted for the deputy governor, who had presided the preceding year. These appear to have been the first salaries given to any civil officers in the colony, and to have been a compensation for the expense of the office, rather than for the service performed.2 Upon the election at Hartford, May 18th, Mr. Hopkins was chosen governor, and Mr. Ludlow deputy governor. Mr. Haynes sup-plied the vacancy made by the advancement of Mr. Ludlow, and Mr. Cullick was elected magistrate and secretary in the place of Mr. Whiting.

In September the commissioners of the united colonies con-vened at Plymouth. They were John Endicot and Simon Brad-street, from Massachusetts; William Bradford and John Brown from Plymouth; governor Hopkins and Roger Ludlow, from Connecticut; governor Eaton and John Astwood, from New-Haven.

The Indians, both in the Nehantick and Narraganset country, and in the Western parts of Connecticut, had been more perfidious and outrageous this year than at any time since the Pequot war. The Narragansets and Nehanticks, instead of performing the fair promises which they had made, the last year, and of paying the wampum, which had been so long due, hired the Mohawk and Pocomtock Indians to unite with them in an expedition for the total destruction of Uncas and the Moheagans. The Pocomtocks made preparations and assembled for the purpose. They waited several clays for the arrival of the Mohawks, who were to have joined them at that place. The Narragansets and Nehanticks re-moved their old men, women and children into swamps and fast-nesses, and prepared an army of 800 men, who were to form a junction with the Mohawk and Pocomtock Indians, in Connecti-cut, near the Moheagans.

The governor and council, apprised of their designs, dispatched Thomas Stanton, their interpreter, and others to Pocomtock.

1Records of Connecticut and New London.

2On November 9, 1641, or seven years before this, the General Court voted to grant to the governor 160 bushels of corn (about 24) ; and September 11, 1645, it was voted that "3Ol in wheat and pease be paid to the Gour, and Indean corn." Colonial Records, I: 69, 131.-J. T.


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They found the Pocomtocks actually met in arms, and waiting for the arrival of the Mohawks. It was represented that the Mo­hawks had four hundred fire arms, and a plenty of ammunition. The Pocomtocks acknowledged that they had been hired by the Narragansets. Such a confederacy was alarming to the colony. What such an army of savages might effect could not be deter-mined. It was dangerous to suffer them to march through the colony, and form a junction near the plantations. Several happy circumstances united their influence to frustrate this formidable combination. The early discovery of the designs of the enemy, by the people of Connecticut, and the precautions which were taken, had a great effect. The Pocomtocks and Mohawks were assured, that the English would defend Uncas against all his enemies, and would avenge all injuries which they should do him. The Mohawks had one or two of their sachems and a number of their men killed by the French. They therefore did not come on. The Pocomtock Indians did not choose to march without them; and the Narragansets, thus deserted, were afraid to pro-ceed. Thus the expedition failed.

The Narragansets not only plotted against the united colonies, but committed many outrages against the people of Rhode-Island. They made forcible entries into their houses, struck and abused the owners, stole and purloined their goods. At Warwick especially, they were exceedingly troublesome. They killed, in that plantation, about a hundred cattle, exclusive of other in-juries which they did to the inhabitants. Indeed, the Rhode-Islanders were so harassed, that they made application, by their representatives, to the commissioners, to be admitted to the con-federation of the united colonies.

The commissioners replied, that they found their present state to be full of confusion and danger, and that they were desirous of giving them both advice and help. They however observed, that as the plantation made at Rhode-Island, fell within the limits of the ancient patent granted to the colony of New-Plymouth, they could not receive them as a distinct confederate. They repre-sented, that it was the design of the honourable committee of parliament, that the limits of that colony should not be abridged or infringed. They proposed, that if the Rhode-Islanders would acknowledge themselves to be within the limits of Plymouth col-ony, they would advise how they might be received on equitable terms, with a tender regard for their convenience; and that they would afford them the same advice and protection, which they did the other plantations within the united colonies.

The commissioners sent messengers again to the Narraganset and Nehantick Indians, to charge their treachery upon them, remonstrate against their conduct, and demand the arrearages of wampum which were yet unpaid. Their outrages against the in-


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habitants of Rhode-Island were particularly noticed, and the sa-chems were peremptorily charged to keep their men under better government. The colonies wished to exhibit all forbearance towards the Indians, and, if possible, to preserve the peace of the country. They chose rather to restrain the natives by policy and the arts of peace, than by the sword.

The general court of Massachusetts was, by no means, pleased with the determination of the commissioners, the last year, rela-tive to the impost to be paid at Saybrook. A committee was, there-fore, appointed to draft an answer to the observations and plead-ings of governor Hopkins before the commissioners, at their former sessions.

The committee introduced their answer with a number of ques-tions relative to the articles of confederation. Some were calcu-lated to make nothing of them, and exhibit them in a point of light entirely contemptible. Others related to the power of the commissioners, and to the degree in which obedience was due to their determinations. They inquired whether a non-compliance with the orders of the commissioners would be a breach of the articles of confederation? They complained, that they had not a greater number of commissioners, as Massachusetts was much larger than the other colonies. They proposed, that they should have the privilege of sending three commissioners, and that the meetings of the confederates should be triennial. They then pro-ceeded to a large reply to the arguments of governor Hopkins; and attempted to vindicate the reasons which they had given be-fore against the impost. In addition to what they had formerly offered, they endeavoured to show, that if Springfield was bene-fited by the fort at Saybrook, and ought to pay the impost on that account, that New-Haven, Stamford, and all the towns on that side of the river, ought to pay it no less; because they had been already benefitted, and might be hereafter. Since this was the case, as they pleaded, they objected against the commissioners of New-Haven, as disqualified to judge in the case. They, also, objected against the decision of the commissioners, because it was made, as they said, without a sight of the Connecticut patent. They insisted, that if the patent had been produced, there might have been some clause which would have helped their case. The committee pleaded a priority of possession. They affirmed, that the first possession of Saybrook fort was taken by Mr. John Win-throp, in November, 1635; and our possession was before that: for those who went from Watertown, Cambridge, Roxbury, and Dorchester, the summer before, took possession in our name and right; and had a commission of government from us, and some ordnance for their defence. And in this state they remained a good space. In fine they urged, that if the impost were lawful, it was not expedient; that they could view it in no other light


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than as a bone of contention, to interrupt their happy union and brotherly love. Indeed, they represented, that it laid them under temptations to help themselves in some other way. This was adopted by the general court.

Governor Hopkins and Mr. Ludlow insisted on the answers which had been given the last year, to the arguments of the gen-eral court of the Massachusetts. They attempted to show, that, notwithstanding all which had been urged, the arguments in fa-vour of the impost remained unanswered, and in their full force. They observed, that whatever propositions might have been made by the Massachusetts, in 1638, with respect to the exemption of plantations under their government from an impost, nothing was ever granted upon that head: that affairs were now in a very different state from what they were at the time of the confedera-tion. They urged, that now the charge of the fort and garrison at Saybrook, lay upon the colony; which was not the case at that time; and that nothing could be fairly pleaded from the cir-cumstances in which the colonies confederated.

With respect to priority of right, and the commission which had been mentioned, they observed, that the commission of gov-ernment was taken, salvo jure, of the interest of the gentlemen who had the patent of Connecticut, this commission taking rise from the desire of the people that removed, who judged it inex-pedient to go away without any frame of government, not from any claim of the Massachusetts jurisdiction over them by virtue of patent.

With reference to the decision of the commissioners, without seeing the Connecticut patent, they observed, that a copy of it was exhibited at the time of the confederation; that it had been well known to many; and that the Massachusetts in particular knew, that it had recently been owned by the honourable com-mittee of parliament; and that equal respect and power had been given by it to all within its limits, as had been either to Massachusetts or Plymouth, within the limits of their respective patents.

As to the inexpediency of the impost, as tending to disturb the peace and brotherly love subsisting between the colonies, they replied, that it was their hope and earnest desire, that in all the proceedings of the confederation, truth and peace might embrace each other. But they insisted, that pleading for truth and right-eousness ought, by no means, to disturb peace or brotherly affec-tion. Indeed, they maintained, that things which were rational, and consistent with truth and righteousness, should never be an occasion of offence to any.

The commissioners of Connecticut, at this time, produced an authentic copy of their patent, and governor Hopkins offered to attest it upon oath. As this was the third year since the affair


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of the impost had been litigated before the commissioners, it was urged, that it might have a final issue, agreeable to truth and righteousness. Governor Hopkins and Mr. Ludlow disputed the southern boundary of Massachusetts, and claimed Springfield as lying within the limits described in the patent of Connecticut

The commissioners judged, that the objections offered against the gentlemen from New-Haven, were insufficient, and the com-missioners from Massachusetts gave them up. Upon the whole, after a full hearing and mature deliberation, the former order, in favour of Connecticut, was confirmed.1

Notwithstanding the congratulatory letter, which the commis-sioners addressed to Stuyvesant, the Dutch governor, at their last session, he proved not the most comfortable neighbour. He gave no answer to the complaints which had been stated to him, in their letter. He transmitted no account of the customs laid upon the English merchants, nor of the cases in which the Dutch made seizures, so that it was extremely difficult to know on what terms they could trade, or how to escape fines, seizures, and confisca-tions.

By Stuyvesant's order, the Dutch seized a vessel of Mr. Wester-house, a Dutch merchant and planter at New-Haven, while riding at anchor within the harbour. He preferred a complaint to the commissioners. He came in from Virginia, and gave evidence, that, when he sailed thence, he made a full payment of all the customs. The commissioners wrote to the Dutch governor on the subject, and remonstrated against such a flagrant insult to the united colonies, and against the injustice done to Mr. Wester-house. They protested against the Dutch claim to all the lands, rivers, and streams, from Cape Henlopen to Cape Cod; and as-serted their claim to all the lands and plantations in the united colonies, as anciently granted by the kings of England to their subjects, and since purchased by them of the Indians, the original proprietors.

At the same time, they assured him, that they expected satis-faction, both for the injury and affront, in taking a ship out of one of their harbours, upon such a challenge and title to the place, unjustly claimed without purchase, possession, or any other con-siderable ground. They represented to him in strong terms, the absolute necessity of a meeting for the adjustment of the differ-ences between the Dutch and the united colonies. They professed themselves to be inclined to pursue all proper counsels for that purpose. As his letters to them, as well as to the governors of Massachusetts and New-Haven, had been expressed in such in-determinate language on the subject, they wished him to be more explicit. They avowed their determination, that, until such time as the Dutch should come to an amicable settlement of the points

1Records of the united colonies.


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in controversy, neither their merchants nor mariners should enjoy any privilege, in any of the English plantations or harbours, either of anchoring, searching, or seizing, more than the English did at the Manhadoes. They declared, that if, upon search, they should find arms and ammunition on board any of the Dutch ships, for the mischievous purpose of vending them within the limits of the united colonies, to the Indians, they would seize them, until fur-ther inquiry and satisfaction should be made. In short, they avowed their purpose of treating the Dutch mariners and mer-chants in the English harbours and plantations, in the same man-ner in which they treated the English. They declared, that, if the Dutch should proceed to seize any vessel or goods, within any of the harbours of the united colonies, whether of English, Dutch, or any other nation, admitted to be planters in any of the said colonies, they should be necessitated to vindicate their rights, and to repair the damages by all just means.1

Soon after the meeting of the commissioners, Mr. John Whit-more, of Stamford, was murdered by the Indians. He was a peace-able, worthy man, and one of the representatives of the town in the general court at New-Haven. He fell as he was seeking cattle in the woods. 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 circumstance, it was suspected, that he was either a principal or an accomplice in the crime. No such evidence, however, could be obtained as would warrant the apprehending him. The Eng-lish 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 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-trembling, and manifested such signs of guilt, that the Moheagans declared 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 favour to his son, or from some other cause, charged the murder upon Toquattoes. But neither he, nor the other sus-pected persons, were delivered up, nor could the English bring them to any examination respecting the subject.

About the same time it was reported, that the Indians upon Long-Island had, some years before, murdered a number of Eng-lishmen, who were part of the crew of a vessel of one Mr. Cope, which had been cast away near the island. These instances of bloodshed gave great alarm to Connecticut and New-Haven, es-

1Records of the united colonies.


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pecially to Stamford, and the towns in that vicinity. Mrs. Whit-more, by letters and messengers, sued for justice against the mur-derers of her husband. The Indians grew haughty and insolent, and censured the conduct of the English. It was dangerous to suffer such crimes to be unpunished, as it would embolden the natives to be constantly massacreing the English. But as nothing could be done, in this case, except by an armed force, it was de-ferred to the consideration of the commissioners of the united colonies.

At the general election in Connecticut, May I7th, 1649, Mr. Haynes was chosen governor, and Mr. Hopkins deputy-governor. Mr, Ludlow took his place again among the magistrates. The other officers were as they had been the preceding year.

In consequence of the burning of the old fort at Saybrook, a new one was begun the last year, at a place called the new fort hill. At this session of the assembly, orders were given for the erecting of a new dwelling-house in the fort, and for completing the works and buildings at Saybrook. The magistrates were em-powered to impress suitable hands for carrying the business into effect, and appropriations were made for that purpose.

Whereas the commissioners of Massachusetts, in their plead-ings before the commissioners of the united colonies, at their last session, had expressed their doubts, whether the act of Connecti-cut, imposing a duty upon certain articles exported from Con-necticut river, had any respect to the inhabitants of Springfield, the general court declared, that they had particular respect to them, as under the government of the Massachusetts. They also resolved, that, in their best apprehensions, nothing was imposed on them more than was strictly just, or than had been imposed on themselves; and that they ought to submit to the impost. They declared, that the execution of the act, with respect to their brethren at Springfield, had been deferred, only that the judg-ment of the commissioners of the other colonies might be had on the premises. The assembly also resolved, that they were wholly unsatisfied that Springfield did fall within the true limits of the Massachusetts patent. They also expressed their earnest wishes, that the line might be speedily and fully settled, in right-eousness and peace. It was ordered, that these resolutions should be laid before the commissioners at their next meeting.

Mr. Ludlow had, for several years successively, been desired by the general court to make a collection of the laws which had been enacted, and to revise, digest, and prepare a body of laws for the colony. He had now finished the work, and at this session a code was established.

Until this time, punishments, in many instances, had been un-certain and arbitrary. They had been left wholly to the discretion of the court. Defamation had, in some instances, been punished


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by fine, repeated scourging, and imprisonment.1 For violation of the sabbath, there is an instance of imprisonment during the pleasure of the court. Unchastity between single persons was, sometimes, punished by setting the delinquent in the pillory, and by whipping him from one town to another. But, from this time, the laws, in general, became fixed, and the punishment of partic-ular crimes was specified, so that delinquents might know what to expect, when they had the temerity to transgress.

The statute now required a jury of twelve men: that in cases in which they were doubtful with respect to law, they should bring in a non liquet, or special verdict; and that matter of law should be determined by the bench, as it is at the present time. But if, after the jury had been sent out repeatedly, the court judged they had mistaken the evidence, and brought in a wrong verdict, they were authorized, in civil cases, to impannel a new jury. The court, also, retained the power of lessening and increasing the damages given by the jury, as they judged most equitable.2 All cases of life, limb, or banishment, were determined by a special jury of twelve able men, and a verdict could not be accepted unless the whole jury were agreed. Connecticut now had the appearance of a well regulated commonwealth.

An extraordinary meeting of the commissioners was holden July 23, at Boston. The members were Thomas Dudley, Esq'r. Mr. Simon Bradstreet, William Bradford, Esq'r. Mr. John Brown, Edward Hopkins, Esq'r. Mr. Thomas Wells, Governor Eaton, and Mr. John Astwood.

Governor Eaton, in behalf of the colony of New-Haven, pro-posed that effectual measures might be immediately adopted for the settlement of Delaware bay. The title which a number of merchants, at New-Haven, had to extensive tracts on both sides of the river, by virtue of fair purchases from the Indians, was laid before the commissioners. The fertility of the soil, the healthful-ness of the country, the convenience of the several rivers, the great advantages of settlements, and a well regulated trade there, not only to New-Haven, but to all the New-England colonies, were strongly represented.

The commissioners, after a full hearing and mature delibera-tion, were of the opinion, that the circumstances of the colonies were such, that it would not be prudent, at that time, by any pub-lic act, to encourage the settlement of those tracts. Besides the contest with the Dutch and the danger of involving the colonies in war, it was observed, that they had scarcely sufficient numbers

1In 1646, one Robert Bartlett, for defamation, was sentenced to stand in the pillory during the public lecture, then to be whipped, pay 5, and suffer six months imprisonment. This year one Daniel Turner, for the same crime, was sentenced to be whipped, and then be imprisoned a month; at the month's end to go to the post again, and then to be bound to his good behaviour.

2Old Connecticut code, p. 37.


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of men at home for their own defence, and the prosecution of the necessary affairs of their respective plantations.

It was therefore recommended to the merchants and gentlemen at New-Haven, either to settle or make sale of the lands which they had, as should appear most expedient. The commissioners resolved, that if any persons in the united colonies should attempt, without their consent, to make settlements on the lands, or to do any thing injurious to the rights of the purchasers, that they would neither own nor protect them in their unjust attempts.1

The murder of Mr. Whitmore, and the other murders which the Indians had committed against the English, were fully con-sidered. The commissioners therefore resolved, that the guilty should be delivered up; and if they were not, that the sachem, at Stamford, or his son, should be apprehended and kept in durance, until they should be secured, and justice have its course. They ordered, that search should be made with respect to the murders, said to be committed, at Long-Island, and, if evidence could be obtained, to apprehend the delinquents and bring them to justice.

Some time before the meeting of the commissioners, the Indians upon Long-Island perpetrated murder at Southhold. They rose, in a hostile manner, for several days round the town. The inhabi-tants were obliged to arm and stand upon their defence against them for a considerable time; and afterwards to keep a strong and vigilant guard by night. The town was not only exceedingly alarmed and distressed, but put to great expense. They therefore made application to the commissioners for relief. But they would not consent, that the colonies in general should bear any of the charge, in such instances. They determined in this case, as they had done before with respect to other towns in the jurisdictions of Connecticut and New-Haven. The colonies and towns, which had suffered, had been obliged to bear all the expense of defend-ing Stamford and other places, Uncas and the Moheagans, in all instances in which they had not been warranted, by the particular directions of the commissioners.

The Narraganset and Nehantick Indians still persisted in their murderous designs against Uncas, and in their perfidious conduct towards the colonies. The alarming aspect of affairs, with respect to them, was the occasion of this extraordinary meeting.

An Indian, hired by the Narraganset and Nehantick sachems to kill Uncas, going on board a vessel in the Thames, where he was, ran him through the breast with a sword. The wound, at first, was judged to be mortal; Uncas however finally recovered. At this meeting, he presented himself before the commissioners, and complained of the assault made upon him; and affirmed, that these sachems had hired the Mohawks and other Indians against him, as well as an assassin to kill him secretly. He complained

1Records of the united colonies.


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also, that the Narragansets had neither restored his canoes nor his captives, as had been expressly demanded and stipulated. He prayed, that, as he had ever been friendly and faithful to the col-onies, they would provide for his safety, avenge these outrages, and do him justice.

Ninigrate was examined before the commissioners on these points; and it was proved, by the confession of the Mohawks themselves, that the Narragansets had hired them against Uncas. The Indian, who had wounded Uncas, declared, that he had been hired by Pessacus and Ninigrate. Ninigrate made but a poor defence, either of himself or Pessacus. The commissioners dis-missed him, entirely unsatisfied, and assured him, that unless he immediately complied with the terms on which they had formerly agreed, they should leave him to his own counsels.

The colonies were alarmed with the report, that one of the brothers of Sassacus, or his son, was about to marry the daughter of Ninigrate: and it was conjectured, that the Narraganset and Nehantick Indians were concerting a plan to collect the scattered remains of the Pequots, and to set them up as a distinct nation with the son, or brother of Sassacus, at their head. The commis-sioners viewed the colonies as upon the commencement of an Indian war, and gave directions, that they should be immediately prepared for any emergency.

The Pequots, who had been given to Uncas, had now for more than two years revolted from him, and lived separately, as a dis-tinct clan. In 1647, they complained to the commissioners, that Uncas and the Moheagans had abused them. They represented, that, though they had submitted and been faithful to him, assisted him in his wars, been esteemed as his men, and paid him tribute, he had nevertheless grossly injured them. They said, that he had required tribute of them, from time to time, upon mere pretences; and that since they had been put under him, they paid him wampum forty times. They alleged, that upon the death of one of his children, he gave his squaw presents and ordered them to comfort her in the same way; and that they presented her with a hundred fathom of wampum: That Uncas was pleased, and promised that, for the future, he would esteem and treat them as Moheagans. They affirmed, that notwithstanding this engage-ment, the Moheagans wronged them in their plays, and deprived them of their just rights. Obachickquid, one of their chief men, complained that Uncas had taken away his wife and used her as his own. They proved, that Uncas had wounded some of them, and plundered the whole company. They prayed, that the Eng-lish would interpose for their relief, and take them under their protection. The petition was presented in the behalf of more than sixty.

The commissioners found these charges so well supported, that


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they ordered Uncas to be reproved, and decreed, that he should restore Obachickquid his wife, and pay damages for the injuries he had done the Pequots. They also fined him a hundred fathom of wampum. Nevertheless, as it had been determined, by Connecticut, that the name of the Pequots should be extin-guished, and that they should not dwell in their own country, it was resolved that they should return, and be in subjection to Uncas. He was directed to receive them without revenge, and to govern them with moderation, in all respects, as he did the Moheagans. They did not however return to Uncas; but an-nually presented their petition to the commissioners to be taken under the protection of the English, and to become their subjects. They pleaded, that though their tribe had done wrong, and were justly conquered, yet that they had killed no English people; and that Wequash had promised them, if they would flee their coun-try, and not injure the colonies, that they would do them no harm. To ease them, as far as might be consistent with former determi-nations, the commissioners recommended it to Connecticut to provide some place for them, which might not injure any partic-ular town, where they might plant and dwell together. At the same time, they were directed to be in subjection to Uncas; and it was again enjoined on him to govern them with impartiality and kindness.

Mr. Westerhouse renewed his complaint respecting the seizure of his vessel, in the harbour of New-Haven. He alleged, that besides the loss of his vessel, and the advantages of trading, the prime cost of his goods was 2,000 pounds; and that, after repeated application to the Dutch governor, he had not been able to obtain the least compensation. He had therefore petitioned the govern-ment of New-Haven, that some Dutch vessel might be taken by way of reprisal. He now petitioned the commissioners for liberty to make reprisals, by way of indemnification, until he should ob-tain satisfaction.

Though the commissioners declared against the injustice of the seizure, and regretted both the insult done to the united colonies, and the damages sustained by Mr. Westerhouse, yet they declined granting him a commission to make reprisals. They judged it expedient first to negotiate.

They therefore wrote to the Dutch governor, that Mr. Wester-house had applied to them for a commission to make reprisals, and that they had not granted his petition, as they wished first to acquaint him with the motion, and to represent to him the equity of making reprisals, unless justice should be done him some other way. They again avowed their claim to all parts of the united colonies. They asserted the right of New-Haven to Delaware bay, and assured him, that it would not be given up. They complained of his letter, the last year, that it was, in various


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respects, unsatisfying; and that with regard to that dangerous trade of arms and ammunition carried on with the Indians, at fort Aurania and in the English plantations, it was wholly silent. They observed, that all differences, between them and the Dutch, might have been amicably settled, had it pleased him to attend the meeting of the commissioners, at Boston, according to the invitation which they had given him. As that was not agreeable to him, they avowed their designs of making provision for their own safety.

To prevent the vending of arms and ammunition to the Indians in the united colonies, they passed the following resolve: "That after due application hereof, it shall not be lawful for any French-man, Dutchman, or person of any foreign nation, or any English-man living among them, or under the government of any of them, to trade with any Indian or Indians within this jurisdiction, either directly or indirectly, by themselves or others, under the penalty of confiscation of all such goods and vessels as shall be found so trading, or the true value thereof, upon just proof of any goods or vessels so traded or trading."

The gentlemen from Massachusetts, at this meeting, again brought on the dispute between them and Connecticut relative to the impost. They pretended, that Mr. Fenwick, some years before, had promised to join with them, in running the line, but that as he had not done it, and it had now been done by them, at their own expense, and to their satisfaction, it ought to be sat-isfactory to all others, who could make no legal claim to the ad-jacent lands. This they insisted that Connecticut could not, be-cause they had no patent.

The commissioners from Connecticut denied the facts which had been stated. They insisted, that Mr. Fenwick never had agreed to run the line with them; and that their running the line, at their own expense, was not owing to any defect of his, nor on the part of Connecticut; for they ran the line a year before the dispute with Mr. Fenwick respecting Waranoke. Besides, they said, what he promised at that time, was not to run the line, but to clear his claim to that plantation. With respect to the patent, they acknowledged, they had not indeed exhibited the original, but a true copy, to the authenticity of which Mr. Hopkins could give oath. They observed, it was well known that they had a patent; that the original was in England, and could not then be exhibited; and that the Massachusetts insisting on this point was an entire bar to the amicable settlement of the line between the colonies. Mr. Hopkins insisted, that the southerly extent of the Massachusetts patent ought first to be mutually settled; then he proposed, that the line should be run by skilful men, mutually chosen, and at the mutual expense of the colonies. The commis-sioners from Connecticut indeed declared, that it was evident,


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beyond all doubt, that Springfield, at first, was settled in combina-tion with Connecticut; and, that it had been acknowledged to be so even by the colony of Massachusetts. They affirmed, that when propositions were sent, by governor Winthrop, to the plantations upon the river, in 1637, relative to a confederation of the New-England colonies, Mr. Pyncheon, in prosecution of that design, was, in 1638, chosen and sent as a commissioner from Connecti-cut, to act in their behalf: That it was at this time, and never be-fore, he suggested his apprehensions, that Springfield would fall within the limits of Massachusetts; and that this was received as a fact without any evidence of what had been alleged. They expressed it, as their full persuasion, that Mr. Pyncheon's repre-sentations and motion, at that time, originated from a pang of discontent which had overtaken him, in consequence of a censure laid upon him, by the general court of Connecticut.1 They con-cluded by expressing their earnest wishes, that both the govern-ment of the Massachusetts and their commissioners would con-sider, that they did not comply with the advice of the commis-sioners relative to the present dispute; and that they insisted upon what they knew could not, at that time, be obtained. They charged them, with an unwillingness to submit the differences, subsisting between them and Connecticut, to the mature and im-partial judgment of the commissioners of the other colonies, ac-cording to the true intent of the confederation. In a very modest and respectful manner, they referred it to the serious considera-tion of their brethren of the Massachusetts, whether their conduct was not directly contrary to the articles and design of the confed-erates, to which they all ought to pay a conscientious regard.2

The commissioners finally decided the controversy in favor of Connecticut. Upon this the gentlemen from Massachusetts pro-duced an order of their general court, passed by way of retalia-tion, imposing a duty upon all goods belonging to any of the in-habitants of Plymouth, Connecticut or New-Haven, imported within the castle, or exported from any part of the bay.3

This was very extraordinary indeed, as it was contrary to all the arguments from justice, liberty, expediency, or brotherly love, which they had pleaded against their sister colony. It was ex-travagant and unreasonable, as it respected Connecticut; as the impost at Saybrook affected the inhabitants of one of their towns only; and that solely upon the export of two or three articles; whereas their impost was upon the inhabitants of all the planta-tions in the colony; and upon all their imports, as well as exports. With respect to the other colonies, who had laid no kind of im-

1It seems the court had blamed him for a particular instance of his conduct in trading with the Indians.

2Records of the united colonies.

3Hutchinson, vol. i. p. 154, 155.


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position on any of the inhabitants of Massachusetts, it was still more unjust and cruel.

The commissioners from Plymouth, Connecticut and New-Haven, in consequence of this extraordinary act, drew up the following declaration and remonstrance, addressed to the general court of Massachusetts.

"A difference between the Massachusetts and Connecticut, concerning an impost at Saybrook, required of Springfield, having long depended, the commissioners hoped, according to the ad-vice at Plymouth, might, at this meeting, have been satisfyingly issued: but upon the perusal of some late orders made by the general court of the Massachusetts, they find, that the line on the south side of the Massachusetts jurisdiction is neither run, nor the place whence it should be run agreed: That the original patent for Connecticut, or an authentic exemplification thereof, (though Mr. Hopkins hath offered upon oath to assert the truth of the copy by himself presented,) is now required; and that a burthensome custom, is, by the Massachusetts, lately imposed not only upon Connecticut, interested in the impost at Saybrook, but upon Ply-mouth and New-Haven colonies, whose commissioners, as arbi-trators, according to an article in the confederation, have been only exercised in the question, and that upon the desire of the Massachusetts, and have impartially, according to their best light, declared their apprehensions; which custom and burthen, (griev-ous in itself) seems the more unsatisfying and heavy, because divers of the Massachusetts deputies, who had a hand in making the law, acknowledge, and the preface imports it, that it is a re-turn, or retaliation upon the three colonies for Saybrook: and the law requires it of no other English, nor of any stranger of what nation soever. How far the premises agree with the law of love, and with the tenor and import of the articles of confedera-tion, the commissioners tender and recommend to the serious consideration of the general court for the Massachusetts. And in the mean time desire to be spared in all future agitations respect-ing Springfield."l

Governor Hutchinson observes, that this law was produced to the dishonor of the colony: That had the Massachusetts imposed a duty upon goods from Connecticut only, they might, at least, have had a colour to justify them; but that extending their resent-ment to the other colonies, because their commissioners had given judgment against them, admitted of no excuse. It was a mere exertion of power, and a proof of their great superiority, which enabled them, in effect, to depart from the union, whenever they found it to be for their interest. If it had been done by a single magistrate, it would have been pronounced tyrannical and op-pressive. He observes that, in all ages and countries, communi-

1Records of the united colonies.


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ties of men have done that, of which most of the individuals, of whom they consisted, would, acting separately, have been ashamed.1

The Massachusetts treated Connecticut in the same ungenerous manner, with respect to the line between the colonies. In 1642, they employed one Nathaniel Woodward and Solomon Saffery, whom Douglass calls two obscure sailors, to run the line between them and Connecticut. They arbitrarily fixed a boundary, as the exact point to which three miles south of every part of Charles river would carry them. Thence by water they proceeded up Con-necticut river, and setting up their compass in the same latitude, as they supposed, declared, that the line struck the chimney of one Bissell's house, the most northern building then in the town of Windsor. This was a whole range of towns south of the true line between the colonies. Connecticut considered the boundary fixed as entirely arbitrary, and six or eight miles further south than it ought to have been. They imagined, that the error at Windsor was still greater, as no proper allowance had been made for the variation of the needle. They viewed the manner in which this had been effected, as contrary to all the rules of justice, and to the modes in which differences of that magnitude ought to be accommodated. The utmost extent of Narraganset river was their north line, and they were persuaded, that this would run so far north as to comprehend the town of Springfield, and other towns in the same latitude. Therefore, neither Connecticut, nor the commissioners of the united colonies, considered any boun-dary as properly settled, whence the line should be run, nor any line run between the colonies.

Connecticut wished to have the southern boundary of Massa-chusetts mutually settled and the line run, at the joint expense of the two colonies; but Massachusetts would neither consent to this, nor even allow that the copy of the Connecticut patent was authentic. For nearly seventy years they encroached upon this colony, and settled whole towns within its proper limits.

The general court of Connecticut adopted the recommendation of the commissioners, with respect to the prohibition of all trading of foreigners among the Indians of the united colonies. They made the penalty to be the confiscation of all vessels and goods employed in such trade.

The court also, after conferring with New-Haven, determined to avenge the blood of John Whitmore, of Stamford; and, con-sidering all its circumstances, and the conduct of the Indians in the town, and bordering upon it, resolved, that it was lawful to make war upon them. It was ordered, that fifty men should be immediately drafted, armed, and victualled, for the purpose of bringing the murderers to condign punishment, or of arresting

1Hutchinson, vol. i. p. 155, 156.


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other Indians, until the delinquents should be delivered to justice.1 These spirited measures appear to have had the desired effect. The Indians at Stamford, it seems, became peaceable, and there is nothing further upon the records respecting any trouble with them.