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Book I. of Albany. A rate of one penny on the pound was levied <-- to raise the money." 1694. For the defence of the plantations in New-York, and the towns upon the river, in the county of Hampshire, the assembly ordered, that the commissioned officers, who were the nearest to the places, which should, at any time, be attacked, should dispatch immediate succours to them. Provision was also made that the several detachments of the militia should be furnished with all articles necessary for their marching, in any emergency, upon the shortest notice. statement Major general Winthrop made a safe arrival in England, :... and presented the petition, with which he had been entrusti.j ed, to his majesty. A statement of the case of Connectipecting the cut was drawn and laid before the king. In this, besides *". the facts stated in the instructions of Mr. Winthrop, it tia. was alledged, that in the charter, granted by king Charles, the command of the militia was, in the most express and ample manner, given to the colony; and that the governor had always commanded it for the common safety: That in the charter there was a clause for the most beneficial construction of it for the corporation ; and another of non obstante to all statutes repugnant to said grant. It was stated, that whoever commanded the so in a colony would also command their purse, and be the governor of the colony: That there was such a connection between the civil authority and the command of the militia, that one could not subsist without the other: That it was designed to govern the colonies, in America, as nearly as might be, in conformity to the laws of England. And that the king and his lieutenants could not draw out all the militia of a county; but a certain part only, in proportion to its numbers and wealth. It was therefore pleaded, that governor Fletcher's commission ought to be construed with the same restriction : That were not the command of the king and his lieutenants restricted, by acts of parliament, the subjects could not be free ; and that, for the same reason, governor Fletcher's command ought to be restrained, by the laws of Connecticut, so far as they were not repugnant to the laws of England. It was further stated, that it was impossible for governor Fletcher so well to judge of the dispositions and abilities of each town and division in Connecticut, or be so much master of the affections of the peoI. in time of need, as those who dwelt among them and ad been chosen to command them; and therefore he could not be so well qualified for the local and ordinary command of the militia; nor serve the interests of his majesty, or the Book I. colony, in that respect, so satisfactorily and effectually as Q-2-, its own officers.” 1694.

* The rateable polls in the colony were, at this time, about 2,347, and the graud list £137,646.

His majesty's attorney and solicitor general, gave their opinion in favor of Connecticut's commanding the militia; and on the 19th of April, 1694, his majesty in council determined according to the report which they had made.f The quota of Connecticut, during the war, was fixed at one hundred and twenty men, to be at the command of governor Fletcher, and the rest of the militia to be commanded, as had been usual, by the governor of ConnectiCut.

Upon the solicitations of governor Fletcher and Sir Will-Agents iam Phipps, agents and a number of troops were sent to."

- - - w ... treat with attend a treaty with the Five Nations. The expense of it jo. to the colony was about 400 pounds. Nations. A committee was appointed again, in the May session, to ol.

- - - - - tee t run the partition line between Connecticut and Massachu- i. on

setts. Massachusetts was invited to join with them, but between as the court refused, the committee of Connecticut, by the oidirection of the assembly, ran the line without them. In .." October, 1695, the general assembly renewed their appli-chusetts. cation to the general court of Massachusetts, intreating Applica; them to unite amicably in running the boundary line, or to * agree to it, as it had been run by Connecticut. They ac-court of quainted them how it ran, what encroachments they had Massa: made upon the colony, and how they injured it, by declin- o; ing a mutual and friendly settlement of the line. However 1895.” they insisted upon the old line, run by Woodward and Saffery, and would take no measures to accommodate the difference. At the court of election, May, 1696, Eleazar Kimberly 1696. was chosen secretary. Upon the requisition of governor Fletcher, a company of sixty men were ordered to Albany, under the command of captain William Whiting. Forty dragoons were also forwarded to the county of Hampshire, for the security of the inhabitants in that part of Massachusetts. About this time, the town of Danbury was incorporated. The whole number of families was twenty four. At the general court, May, 1697, colonel Hutchinson General and captain Byfield were sent from Boston, to solicit the court, raising of such a number of troops as should enable Massa- § 13, chusetts to attack the eastern enemy, at their head quarters. “” The lagislature judged themselves unable to furnish such a number, as would be necessary for that purpose, in addi

* Statement on file, t Appendix No. XXIV.

Book I. tion to the troops they must raise for the defence of their J-, own frontiers, of New-York, and the county of Hampshire. 1698. The court agreed to furnish a party of about sixty Englishmen and forty Indians, to range the woods, near the walk of the enemy, and to defend the frontiers of the coun

ty of Hampshire. January At a general assembly, January 22d, 1698, an alteration 22d, 1698. was made in the constitution of the county court. It was enacted, that it should consist of one chief judge and four justices of the quorum, in each county, appointed by the

assembly. Major- Major-general Fitz John Winthrop, having returned W. from his successful agency at the court of Great-Britain, ... was received with great joy, by the legislature and the peoir. r. ple in general. The assembly presented him with their £eives the thanks for the good services he had rendered to the gov!". ernment; and as a further testimonial of the high sense e legisla- ...'. 2 - - - - - ture. which they entertained of his merit, fidelity, and labours for the public, they voted him a gratuity of three hundred ounds.

Toarl of On the 18th of June, 1697, Richard, earl of Bellomont, Bellomont received his commission to be governor of New-York and :. Massachusetts; and was, at this time, every day expected iassachu at New-York. The general court of Connecticut were setts and desirous of honouring his majesty, by an exhibition of all York proper respect and complaisance to his governor; and, at the same time, they wished to conciliate the good graces of so important a character. They, therefore, appointed general Winthrop, major Jonathan Sillick, and the Rev. Gurdon Saltonstall, upon the first notice of his arrival at New-York, to wait upon him, and, in the name of the general assembly of Connecticut, to congratulate his excellency upon his safe arrival at the seat of government. The earl Congratu- arrived at New-York the 2d of April, 1698. The commit

8. tee appointed to wait on him, were o of a good cut. appearance and elegant manners; and they presented their

congratulations with such dignity and address, as not only did honour to themselves and the colony, but highly pleased his excellency. Mr. Saltonstall was particularly noticed by the earl, as appearing the most like a nobleman of any person he had ever seen before in America. Notwithstanding the determination of lieutenant-governor Cranfield, . his majesty's commissioners, and the report to his majesty concerning the right of Connecticut to the Narraganset country, the controversy between Connecticut and Rhode-Island still continued. It was not the king's pleasure to confirm the judgment and report of his commissioners. The Rhode-Islanders, though they had Book I. violated every article of the agreement between Mr. Win-Jozthrop and Mr. Clark, yet were ready to plead it against 1698. Connecticut, whenever it would suit their turn. A letter from the lords of trade and plantations was laid before the assembly, advising Connecticut to a settlement of boundaries with that colony. Upon this recommendation, the Commitgeneral court appointed major James Fitch, captain Daniel tee apWitherell, and the Rev. James Noyes, commissioners to o to treat with Rhode-Island, and, by all means in their power, boundato attempt an amicable settlement. ries. The peace of Riswick, September 11th, 1697, once more Peace. delivered Great-Britain and her colonies from the calamities of war. The Americans rejoiced at the return of peace. Connecticut had been happy in the preservation of her frontiers, in the loss of few men, and in the effectual aid which she had given to her sister colonies. Nevertheless, Expense the war had been very expensive, and exceedingly vexa- and ve. tious. The whole amount of taxes, during the war, was ..." the about twenty pence on the pound. By the close of the " ' year 1695, the colony had expended 7,000l. in the defence of Albany, and the frontiers of the county of Hampshire, in Massachusetts; exclusive of the expedition against Canada, under major-general Winthrop. This cost the colony more than 3,000l. The expense of the troops sent to the eastward, to the defence of that part of New-England, is also excluded. It is probable that the remaining years of the war cost about 2,000l. The whole expense of the war probably considerably exceeded 12,000l.” The expense of Mr. Winthrop's agency, and the trouble respecting the militia, were very considerable. Governor Fletcher made the colony much unnecessary trouble and expense. Upon almost every rumour of danger, he would send on his expresses to Connecticut; and the governor and council, and sometimes the assembly. were obliged to meet, and dispatch troops to one place and another. Often, by the time they had marched, orders would come to recal them. By the time they were returned, some new and groundless alarm would be made, and pressing orders sent on for them forthwith to march again. In this manner, he almost wore out the governor and council with meetings, and beyond measure harassed the militia, and occasioned great trouble, and expense of time and money, both to the soldiers and officers. The whole colony was so troubled with his vexatious management, that the

* The accounts, to the close of the year '95, are particularly stated. After that time, they do not appear to be ascertained.

Book I. governor wrote to Mr. Winthrop, while he was in England, J-, desiring him to represent his conduct to his majesty, and 1698. pray for relief. * * But the clouds were now dissipated. The successful agency of general Winthrop, his safe return to the arms of his country, the blessings of peace, and the appointment and arrival of the earl of Bellomont to the government of the neighbouring provinces, united their influence to diffuse universal joy. The legislature appointed a day of public thanksgiving, and the people, with glad hearts and voices, celebrated the beneficence and glories of their common BENEFActor.

CHAPTER XVII.

General Winthrop is elected governor. The assembly divide and form into two houses. Purchase and settlement of several towns. The boundary line between Connecticut and New-York surveyed and fixed. Attempts for running and establishing the line between Massachusetts and Connecticut. Owaneco and the Moheagans claim Colchester

and other tracts in the colony. Attempts to compose all differences with them. Grant to the volunteers. The assembly enacts, that the session in October, shall, for the future, be in New-Haven. An act enlarging the boundaries of New-London, and acts relative to towns and patents. Measures adopted for the defence of the colony. Appointment of king's attorneys. Attempts to despoil Connecticut of its charter. Bill for re-uniting the charter governments to the crown. Sir Henry Ashurst petitions against, and prevents the passing of the bill. Governor Dudley, Lord Cornbury, and other enemies conspire against the colony. They exhibit grievous complaints against it. Sir Henry Ashurst defends the colony, and defeats their attempts. Quakers petition. JMoheagan case. Survey and bounds of the pretended JMoheagan country. Dudley’s court at Stonington. The colony protest against it. Dudley’s treatment of the colony. Judgment against it. Petition to her majesty on the subject. New commissions are granted. Act in favour of the clergy. State of the colony.

Court of lecti - - Moh, T the, election in 1698, there was a considerable al

1698. teration in the legislature. Major-general FitzJohn

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