The dividing line between Davenport's Eastwood Farms and Branford had not been definitely
ascertained and fixed at the time New Haven sold Totoket, which left much room
for uneasiness and altercation.
It is a prevailing tradition, supported by collateral records, that the original line ran along the EAST side of Branford hills.
It appears from the petition of the village to New Haven, and the grant of New Haven to the village in 1679, and the subsequent grant by Branford of the half-mile to the village, that Branford actually held in possession more land than was contained in the original purchase from New Haven in 1644, and that was not paid for.
Branford claimed as far as Lake Saltonstall.
In 1656 New Haven made a grant of a furnace farm to the Iron Company and 12 acres to the collier— both within the line claimed by Branford, though Branford was treated as having some interest in the Iron Works.
About the year 1660, Branford proposed to New Haven to have the line run between them.
After a long delay the business was acted upon in the following manner, as appears from the colony records, Hartford, May 14, 1674.
This Court ordereth that the agreement between New Haven and Milford, Branford and Wallingford, about their bounds, be recorded with the records of the Court and is as followeth.
Whereas there has been a difference between the inhabitants of New Haven and the inhabitants of Branford about the dividing bounds between each "plantation", and the inhabitants of New Haven aforesaid having chosen and empowered
-- James Bishop, jun.,
-- Thomas Munson,
-- William Andrews,
-- John Mosse and
-- John Cooper, sen.,
on their part, and the inhabitants of Branford aforesaid having chosen and empowered Mr. John Wilford, Thomas Blackley, Michael Tayntor, Thomas Harrison and Samuel Ward on their part, to issue the sayd difference in reference to the sayd bounds, the sayd persons above named (excepting John Cooper, in whose room Mr. William Tuttle was desired by the authority of New Haven) being mett together this fifth day of October 1669.
A full debate and consideration of the case for the preserving of love and peace and the preventing of trouble for the future between them that have hitherto been loving neighbours, have condescended so far each to other, as to agree about the premises as followeth, viz. that from the river formerly called in an agreement Tapamshashack (with the exception of meadows therein expressed) the great Lake shall be the bounds so far as it goes.
From the head of the Lake, a straight line was drawn to the east end of a Hassuakque meadow out of which a brook called "Ercole" runs into muddy river, and from the east end of the said meadow, a north line was drawn with the just variation according to the country unto the end of the bounds of Branford aforesayd, that is, 10 miles from Long Island Sound, according to the order of the General Assembly.
In testimony whereof we have set too our hands the day and year above written.
John Wilford Samuel Bishop
Tho: Blackley Thomas Munson
Michael Tayntor William Andrews
Tho: Harrison William Tuttell
Samuel Warde John Mosse.
A negotiation had been carried on with Branford concerning land that lay within their bounds, which they had not yet paid for, and which New Haven had granted to East Haven.
Branford finally promised them land, but the execution of that promise was delayed.
The village grew impatient and passed the following order.
At a formal meeting of the village, 15th Feb. 1681, it was propounded that we might choose men to treat with Branford about the land in their bounds, that was given to us and is now in contention.
After same debate it was ordered and appointed, that
-- John Potter
-- Samuel Heminway
-- John Thompson
-- Nathaniel Hitchcock
-- Alling Ball, jun. and
-- Matthew Moulthrop,
them or any four of them were empowered to treat that matter with our friends of Branford as to land or line, and finish it.
This vote was predicated on a grant from New Haven in December, 1679, as follows.
For the Quinnipiack land now within the town of Branford, and was at first bought by us, and never payed for by Branford to us, that the town would grant unto them our right, the better to enable them to treat with Branford for enlargement on the purchase money due, with the consideration that New Haven hath been long out of purse.
The same month that the village passed the before-mentioned vote, Branford acted on the subject thus.
Whereas there is a difference between Branford and the iron work farmers (or inhabitants of New Haven) concerning the propriety of lands in Branford bounds.
At a town meeting in Branford, Feb. 1681, Branford unanimously agreed to leave the case depending to a Committee, and the town have made choice of and appointed Mr. William Rosewell, Mr. Edward Barker, Thomas Harrison, William Hoadley, and Eleazer Stent, a Committee for the issue of the case aforesaid; and they do give them full power, in the behalf of the town either by composition with the farmers (or New Haven inhabitants) or to manage the said case at General Court, either by themselves, or any other attorney, or attorneys, as they see cause, and to be at what charge they cause in the management thereof.
They do also desire and appoint the said Committee to take into their custody whatsoever writings or conveyances may be had (or copies of them) that concern the town.
And do engage to reimburse what charges the committee shall be at in the whole case.
As this attempt to settle the controversy failed, the village proceeded to the use of some high-toned language on the subject, which was met by Branford in the annexed resolution.
Whereas the iron work farmers have given us notice that if we do not grant them land, then they will run a line in our bounds.
At a Towne meeting in Branford, 8th July, 1681; the inhabitants of the town did answer, and declare by vote that the farmers have NO right to do with the running of any line or lines in our bounds, or within our town, and, therefore, do protest against any such proceeding, as an invasion of our just rights and privileges, and further do forbid them or any of them to enter upon our Towne bounds with any such design, if they do, be it at their peril."
The case was brought before the General Court the next fall, and that body adopted some measures to promote an adjustment of their difficulties.
At a General Court held at Hartford, 13th Oct., 1681, whereas there is a difference between Branford and the farmers on The East Side, about the line between New Haven and Branford, or New Haven purchase of the Indians, this Court do request the Deputy Governor, and Andrew Leete, and Samuel Eales to take some pains to examine the case, and do endeavour an accommodation between them, and if they can not attayn an issue, they are to make report how they find it to the next Court, where both parties are to attend for issue, and the sayd towne of Branford, and the farmers, are to attend to this affayre, when they shall be appointed by the Deputy Governor; they, viz. the Committee, are also to consider whether there be any obligation that doth lie upon New Haven, that doth hinder this people from building a Dick at the East Side or South-end." (Col. Rec.)
In January, 1708, the village found themselves in debt to their minister and meetinghouse, and in order to cancel those debts they voted to sell the half-mile.
The division to begin near Pierpont's and so come down.
The land to be laid out in two tiers of lots, with a six rod road thro' the middle; and the land was valued at one shilling and eight pence per acre, and proportioned at the rate of 5 acres to the £100 estate, and one acre to the poll. * * * the money was paid to Caleb Chedsey, Treasurer."
In 1708 Gurdon Saltonstall was elected governor.
It may be pardonable here to make a little digression and give a short sketch of Saltonstall.
Gurdon Saltonstall was born in Haverhill, Massachusetts, March 27, 1666; graduated at Harvard College, A.B. 1684, A.M. 1687; served as butler of the college 1684-1685; was ordained Minister of the church at New London, Connecticut, November 25, 1691.
He became a celebrated preacher, and was invited to accompany Winthrop to England, to settle political difficulties in 1693. He was chosen to succeed Gov. Fitz-John Winthrop in office at the latter's death, and served by annual election from 1708 to 1724. He was a man of great influence and power. He refused to be agent to the colony, conveying the address to Queen Anne urging the conquest of Canada in 1709, but aided in raising a large force for the disastrous expedition of Sir Hovenden Walker, and in 1713 became personally responsible for the credit of the colony, which had become involved through the expenses incurred in Canada. In his ministerial teachings he was a strict disciplinarian and the "Saybrook Platform" was largely due to his urging ecclesiastical discipline, which was in some respects in harmony with the Presbyterian polity.
He was so intent that it should be printed that he bought and set up in his residence in New London, the first printing press in Connecticut, forty-five years before printing was in use in any other place in the colony. His printer was Thomas Short, who came to New London in 1709.
He printed the "Saybrook Platform," which is said to be the first book printed in Connecticut.
Saltonstall was very prominent in locating Yale at New Haven instead of at Hartford, which place he strenuously opposed.
He seems to have been a man of tact as well as of force and authority.
The following is related of him: A strange sect called "Rogerenes" may be found in New London at present, although very sparingly. They ignored the rites of minister and doctor. One day as Governor Saltonstall was sitting in his room, smoking his pipe, a man named Gurdon came in with a woman, and addressing the governor said, "Sir, I have married this woman, and that, too, without the authority of your magistrates and ministers."
The governor turned round, took the pipe out of his mouth, and in a stern voice said, "Gurdon, have you taken this woman for your wife?" Gurdon replied, "Yes, I have." Turning to the woman the governor said, "Madam, have you take'n this man for your husband?" She replied, "Indeed, sir, I have." "Well, then," said the governor, "by authority of, and according to the laws of Connecticut, I pronounce you lawfully wedded husband and wife." Gurdon was astonished, and after a pause replied, "Thou art a cunning creature."
Governor Saltonstall married the only child of William Rosewell, and of course came into possession of the William Rosewell's farm.
Roswell Saltonstall, his grandson, lived at the Lake Saltonstall.
Leverett S. Bagley has now, in the parlour, one of Saltonstall's straight-back chairs.
After the death of the last Saltonstall, the William Rosewell's farm went into the hands of Jared Bradley.
Tradition has always been that this Saltonstall was not equal to the average, in mental capacity.
If he was not actually incompetent, he was inactive, and preferred some one to look out for him, rather than to take care of himself, and the Farm went to Bradley for care bestowed.
After the death of Bradley's wife, his niece, Loruhamah Goodsell, kept house for him.
When she left William Rosewell's Farm, she brought this chair to her father's house in East Haven (the site of the present Bailey house), where she died. Her daughter, Mrs. Grace (Goodsell) Parmelee, gave it to her friend, Mrs. Emeline (Bradley) Bagley, the mother of the late Leverett S. Bagley.
There was a common feeling among the people of the town that he constantly opposed their town privileges; and being a man of great influence, he had abundant opportunity to injure them.
The following incident will show the spirit of the times relative to East Haven affairs.
It is a prevailing tradition, supported by collateral records, that the original line ran along the EAST side of Branford hills.
It appears from the petition of the village to New Haven, and the grant of New Haven to the village in 1679, and the subsequent grant by Branford of the half-mile to the village, that Branford actually held in possession more land than was contained in the original purchase from New Haven in 1644, and that was not paid for.
Branford claimed as far as Lake Saltonstall.
In 1656 New Haven made a grant of a furnace farm to the Iron Company and 12 acres to the collier— both within the line claimed by Branford, though Branford was treated as having some interest in the Iron Works.
About the year 1660, Branford proposed to New Haven to have the line run between them.
After a long delay the business was acted upon in the following manner, as appears from the colony records, Hartford, May 14, 1674.
This Court ordereth that the agreement between New Haven and Milford, Branford and Wallingford, about their bounds, be recorded with the records of the Court and is as followeth.
Whereas there has been a difference between the inhabitants of New Haven and the inhabitants of Branford about the dividing bounds between each "plantation", and the inhabitants of New Haven aforesaid having chosen and empowered
-- James Bishop, jun.,
-- Thomas Munson,
-- William Andrews,
-- John Mosse and
-- John Cooper, sen.,
on their part, and the inhabitants of Branford aforesaid having chosen and empowered Mr. John Wilford, Thomas Blackley, Michael Tayntor, Thomas Harrison and Samuel Ward on their part, to issue the sayd difference in reference to the sayd bounds, the sayd persons above named (excepting John Cooper, in whose room Mr. William Tuttle was desired by the authority of New Haven) being mett together this fifth day of October 1669.
A full debate and consideration of the case for the preserving of love and peace and the preventing of trouble for the future between them that have hitherto been loving neighbours, have condescended so far each to other, as to agree about the premises as followeth, viz. that from the river formerly called in an agreement Tapamshashack (with the exception of meadows therein expressed) the great Lake shall be the bounds so far as it goes.
From the head of the Lake, a straight line was drawn to the east end of a Hassuakque meadow out of which a brook called "Ercole" runs into muddy river, and from the east end of the said meadow, a north line was drawn with the just variation according to the country unto the end of the bounds of Branford aforesayd, that is, 10 miles from Long Island Sound, according to the order of the General Assembly.
In testimony whereof we have set too our hands the day and year above written.
John Wilford Samuel Bishop
Tho: Blackley Thomas Munson
Michael Tayntor William Andrews
Tho: Harrison William Tuttell
Samuel Warde John Mosse.
A negotiation had been carried on with Branford concerning land that lay within their bounds, which they had not yet paid for, and which New Haven had granted to East Haven.
Branford finally promised them land, but the execution of that promise was delayed.
The village grew impatient and passed the following order.
At a formal meeting of the village, 15th Feb. 1681, it was propounded that we might choose men to treat with Branford about the land in their bounds, that was given to us and is now in contention.
After same debate it was ordered and appointed, that
-- John Potter
-- Samuel Heminway
-- John Thompson
-- Nathaniel Hitchcock
-- Alling Ball, jun. and
-- Matthew Moulthrop,
them or any four of them were empowered to treat that matter with our friends of Branford as to land or line, and finish it.
This vote was predicated on a grant from New Haven in December, 1679, as follows.
For the Quinnipiack land now within the town of Branford, and was at first bought by us, and never payed for by Branford to us, that the town would grant unto them our right, the better to enable them to treat with Branford for enlargement on the purchase money due, with the consideration that New Haven hath been long out of purse.
The same month that the village passed the before-mentioned vote, Branford acted on the subject thus.
Whereas there is a difference between Branford and the iron work farmers (or inhabitants of New Haven) concerning the propriety of lands in Branford bounds.
At a town meeting in Branford, Feb. 1681, Branford unanimously agreed to leave the case depending to a Committee, and the town have made choice of and appointed Mr. William Rosewell, Mr. Edward Barker, Thomas Harrison, William Hoadley, and Eleazer Stent, a Committee for the issue of the case aforesaid; and they do give them full power, in the behalf of the town either by composition with the farmers (or New Haven inhabitants) or to manage the said case at General Court, either by themselves, or any other attorney, or attorneys, as they see cause, and to be at what charge they cause in the management thereof.
They do also desire and appoint the said Committee to take into their custody whatsoever writings or conveyances may be had (or copies of them) that concern the town.
And do engage to reimburse what charges the committee shall be at in the whole case.
As this attempt to settle the controversy failed, the village proceeded to the use of some high-toned language on the subject, which was met by Branford in the annexed resolution.
Whereas the iron work farmers have given us notice that if we do not grant them land, then they will run a line in our bounds.
At a Towne meeting in Branford, 8th July, 1681; the inhabitants of the town did answer, and declare by vote that the farmers have NO right to do with the running of any line or lines in our bounds, or within our town, and, therefore, do protest against any such proceeding, as an invasion of our just rights and privileges, and further do forbid them or any of them to enter upon our Towne bounds with any such design, if they do, be it at their peril."
The case was brought before the General Court the next fall, and that body adopted some measures to promote an adjustment of their difficulties.
At a General Court held at Hartford, 13th Oct., 1681, whereas there is a difference between Branford and the farmers on The East Side, about the line between New Haven and Branford, or New Haven purchase of the Indians, this Court do request the Deputy Governor, and Andrew Leete, and Samuel Eales to take some pains to examine the case, and do endeavour an accommodation between them, and if they can not attayn an issue, they are to make report how they find it to the next Court, where both parties are to attend for issue, and the sayd towne of Branford, and the farmers, are to attend to this affayre, when they shall be appointed by the Deputy Governor; they, viz. the Committee, are also to consider whether there be any obligation that doth lie upon New Haven, that doth hinder this people from building a Dick at the East Side or South-end." (Col. Rec.)
This arrangement of the General Court had a happy effect.
The parties came to a settlement of their difficulties and Branford gave the village a deed dated May 8, 1682, for that tract of land called the half-mile, in which it was stipulated, that the line shall run and be as formerly, from Long Island Sound to the head of Lake Saltonstall as is described in the bounds already mentioned.
On the 9th of May, 1682, in behalf of East Haven,
-- Samuel Heminway
-- James Denison
-- John Potter
-- Matthew Moulthrop
-- John Thompson, and
-- Nathaniel Hitchcock
gave a quit claim to Branford for all lands within their bounds.
The Committee appointed by the General Court reported their proceedings, which by a formal vote were accepted and ratified.
Hartford, May, 1682.
The gentlemen of New Haven and Branford agreed about the purchase of their lands, which they were appointed by the Court to issue; and Major Treat, William Leete, and Mr. Eales were desired to assist them in Oct. last." (Col. Rec.)
In the year 1678 the people of East Haven petitioned New Haven for their consent to become a distinct village, and for some other privileges.
With zeal the people of East Haven prosecuted this object.
Not succeeding this year, on the 18th of August, 1679, the people of East Haven renewed their application, which resulted as follows:
At a town meeting held in New Haven, 29th Deer. 1679 a committee was appointed to examine and prepare matters against some other meeting.
After the town had heard the considerations of the committee, the request was approved and confirmed to be their order by vote.
The full text of this grant has been recorded in Chapter III, under head of Ecclesiastical Affairs.
After East Haven had obtained their village grant, from the General Court, to become a society, they proceeded to transact local business, separately from New Haven.
They seem to have apprehended that their parish grant involved some authority for the choice of village officers, and for the laying out and disposing of land within their parish bounds.
This course brought upon themselves and New Haven a long scene of confusion and trouble and not a little expense.
At a meeting in East Haven, 19th March, 1683, it is agreed by vote that in laying out the third division we will follow the method of New Haven, viz.: 20 acres for each hundred pounds in the list, and 4 acres to each child, and 20 acres to each family, tho' their heads and estates do not amount thereunto.
On November 26th, 1683, it was agreed to lay out the one half of said third division upon Stoney river; and the other half where it will be most convenient, and begin the lots as to their order upon the land next to the five men's land at Foxon.
After the arrangements for the third division were made, they voted to lay out the third division by the list of the estates we give in to the payment of the minister this present year with the addition of our persons' heads not there given in, because not rated, but here to be added, as in the list alphabetically arranged.
With this small population and with this small property, they supported a minister of the Gospel about four years.
Their public expenses and some other embarrassments were so great that some began to cherish the idea that they should not be able to proceed and especially as their crops had recently failed.
They therefore took a vote, March 29, 1684, whether they should go forward in building up East Haven.
Nineteen men being present, they all voted to proceed.
The proceedings of East Haven in dividing land gave offence to New Haven, and they appointed a committee to confer with East Haven on the subject.
East Haven also appointed a committee to go to New Haven and inform that committee of all their proceedings.
In 1685 they appear to have relinquished East Haven's privileges and returned to their former connection with New Haven.
About this time they requested New Haven to furnish them with a further division of land, which was referred to a special committee whose report was accepted and recorded as follows.
In answer to the inhabitants of New Haven, the Committee appointed by the town to consider their proposals about the third division, order as followeth.
That in laying out the remainder of the third division, not yet taken up by the said inhabitants, being approved planters, it be laid out to them in quantity according to the list of estates in 1679, by appointed sizers, and Enos Talmadge for the Towne.
That the grants which have been made by the late Village Company to any of them, having a right to the third division as aforesaid, be accounted as part of such remainder of third division, except eight acres granted and laid out as appended to the Mill.
That they lay out the said remainder upon and out of the half mile of lands, or addition from Branford as far as their granted bounds, provided that they lay it out as to others of the town, viz. one half mile in depth, and lying together, and not in particular tracts or parcels; and if there be not enough found there, then to make up their quantity elsewhere within the bounds formerly granted, provided, that the town commons, as formerly appointed, be stated by the now appointed sizers and surveyors, who are to view and lay out the said proportions of third division, and the remainder for commons.
As to the grants of land made to the sundry particular persons by the East Side inhabitants we see not cause at present to confirm; but before we so do, we expect that now, having laid down the Village designs, and being returned to their former station for power and privilege with ourselves as one plantation, that they plainly declare themselves in so doing without reservation, not to go off from us when they please, or judge themselves in a capacity for it, without the Towne's approbation in that case.
East Haven appointed Bishop, Mansfield, and Thomas Kimberly sizers, and Enos Talmadge surveyor, and at the charge of the East Side inhabitants: and we desire their answer to these premises in writing under their hands." (N. H. Rec.)
A reply to these resolutions cannot be found, but from this time their affairs seem to have proceeded without any particular controversy until 1703, when the village moved to resume their village grant of 1680.
The village bore their proportion of town and colony charges and endured great hardships and dangers in attending public worship at New Haven.
After the termination of King Philip's War the Indians were frequently in a state of commotion.
Some powerful tribes that were under the influence of the French in Canada frequently assumed a hostile attitude.
In 1689 the town prepared a flying army, which stood ready to march at a moment's warning.
A patrol of four horsemen was continually scouring the woods, and all the militia were obliged to carry their arms with them to public worship prepared for battle.
The Indians near the village were sometimes employed as scouting parties and in other respects as useful auxiliaries.
The following incident may be worth preserving.
A friendly Indian warrior was requested to act as sentinel in the Gap, north of Mullen hill.
He consented, and for this purpose borrowed Hemingway's gun, and was assured it was well loaded.
Without examination he took the gun and went to his post.
He soon saw two Indians descending into the valley from Pond Rock, and advancing toward the Gap.
They passed him and when he had them in range, intending to kill both at one shot, he leveled his gun to fire but it only flashed in the pan, for it was not charged.
The spies, without observing it, passed on across the fresh meadows, and mingled with the friendly Indians about Grave hill.
The disappointed Indian was greatly enraged and threatened to kill Hemingway for deceiving him in order that he might be killed.
Hemingway was innocent of the charge for he had loaded the gun himself, but some other person had discharged it without his knowledge, and priming it, left it in the usual place in that condition.
With the discovery of this fact the warrior was finally pacified. In a day or two one of these spies was found dead on the Indian land—supposed to have been killed by the enraged warrior.
The parties came to a settlement of their difficulties and Branford gave the village a deed dated May 8, 1682, for that tract of land called the half-mile, in which it was stipulated, that the line shall run and be as formerly, from Long Island Sound to the head of Lake Saltonstall as is described in the bounds already mentioned.
On the 9th of May, 1682, in behalf of East Haven,
-- Samuel Heminway
-- James Denison
-- John Potter
-- Matthew Moulthrop
-- John Thompson, and
-- Nathaniel Hitchcock
gave a quit claim to Branford for all lands within their bounds.
The Committee appointed by the General Court reported their proceedings, which by a formal vote were accepted and ratified.
Hartford, May, 1682.
The gentlemen of New Haven and Branford agreed about the purchase of their lands, which they were appointed by the Court to issue; and Major Treat, William Leete, and Mr. Eales were desired to assist them in Oct. last." (Col. Rec.)
In the year 1678 the people of East Haven petitioned New Haven for their consent to become a distinct village, and for some other privileges.
With zeal the people of East Haven prosecuted this object.
Not succeeding this year, on the 18th of August, 1679, the people of East Haven renewed their application, which resulted as follows:
At a town meeting held in New Haven, 29th Deer. 1679 a committee was appointed to examine and prepare matters against some other meeting.
After the town had heard the considerations of the committee, the request was approved and confirmed to be their order by vote.
The full text of this grant has been recorded in Chapter III, under head of Ecclesiastical Affairs.
After East Haven had obtained their village grant, from the General Court, to become a society, they proceeded to transact local business, separately from New Haven.
They seem to have apprehended that their parish grant involved some authority for the choice of village officers, and for the laying out and disposing of land within their parish bounds.
This course brought upon themselves and New Haven a long scene of confusion and trouble and not a little expense.
At a meeting in East Haven, 19th March, 1683, it is agreed by vote that in laying out the third division we will follow the method of New Haven, viz.: 20 acres for each hundred pounds in the list, and 4 acres to each child, and 20 acres to each family, tho' their heads and estates do not amount thereunto.
On November 26th, 1683, it was agreed to lay out the one half of said third division upon Stoney river; and the other half where it will be most convenient, and begin the lots as to their order upon the land next to the five men's land at Foxon.
After the arrangements for the third division were made, they voted to lay out the third division by the list of the estates we give in to the payment of the minister this present year with the addition of our persons' heads not there given in, because not rated, but here to be added, as in the list alphabetically arranged.
With this small population and with this small property, they supported a minister of the Gospel about four years.
Their public expenses and some other embarrassments were so great that some began to cherish the idea that they should not be able to proceed and especially as their crops had recently failed.
They therefore took a vote, March 29, 1684, whether they should go forward in building up East Haven.
Nineteen men being present, they all voted to proceed.
The proceedings of East Haven in dividing land gave offence to New Haven, and they appointed a committee to confer with East Haven on the subject.
East Haven also appointed a committee to go to New Haven and inform that committee of all their proceedings.
In 1685 they appear to have relinquished East Haven's privileges and returned to their former connection with New Haven.
About this time they requested New Haven to furnish them with a further division of land, which was referred to a special committee whose report was accepted and recorded as follows.
In answer to the inhabitants of New Haven, the Committee appointed by the town to consider their proposals about the third division, order as followeth.
That in laying out the remainder of the third division, not yet taken up by the said inhabitants, being approved planters, it be laid out to them in quantity according to the list of estates in 1679, by appointed sizers, and Enos Talmadge for the Towne.
That the grants which have been made by the late Village Company to any of them, having a right to the third division as aforesaid, be accounted as part of such remainder of third division, except eight acres granted and laid out as appended to the Mill.
That they lay out the said remainder upon and out of the half mile of lands, or addition from Branford as far as their granted bounds, provided that they lay it out as to others of the town, viz. one half mile in depth, and lying together, and not in particular tracts or parcels; and if there be not enough found there, then to make up their quantity elsewhere within the bounds formerly granted, provided, that the town commons, as formerly appointed, be stated by the now appointed sizers and surveyors, who are to view and lay out the said proportions of third division, and the remainder for commons.
As to the grants of land made to the sundry particular persons by the East Side inhabitants we see not cause at present to confirm; but before we so do, we expect that now, having laid down the Village designs, and being returned to their former station for power and privilege with ourselves as one plantation, that they plainly declare themselves in so doing without reservation, not to go off from us when they please, or judge themselves in a capacity for it, without the Towne's approbation in that case.
East Haven appointed Bishop, Mansfield, and Thomas Kimberly sizers, and Enos Talmadge surveyor, and at the charge of the East Side inhabitants: and we desire their answer to these premises in writing under their hands." (N. H. Rec.)
A reply to these resolutions cannot be found, but from this time their affairs seem to have proceeded without any particular controversy until 1703, when the village moved to resume their village grant of 1680.
The village bore their proportion of town and colony charges and endured great hardships and dangers in attending public worship at New Haven.
After the termination of King Philip's War the Indians were frequently in a state of commotion.
Some powerful tribes that were under the influence of the French in Canada frequently assumed a hostile attitude.
In 1689 the town prepared a flying army, which stood ready to march at a moment's warning.
A patrol of four horsemen was continually scouring the woods, and all the militia were obliged to carry their arms with them to public worship prepared for battle.
The Indians near the village were sometimes employed as scouting parties and in other respects as useful auxiliaries.
The following incident may be worth preserving.
A friendly Indian warrior was requested to act as sentinel in the Gap, north of Mullen hill.
He consented, and for this purpose borrowed Hemingway's gun, and was assured it was well loaded.
Without examination he took the gun and went to his post.
He soon saw two Indians descending into the valley from Pond Rock, and advancing toward the Gap.
They passed him and when he had them in range, intending to kill both at one shot, he leveled his gun to fire but it only flashed in the pan, for it was not charged.
The spies, without observing it, passed on across the fresh meadows, and mingled with the friendly Indians about Grave hill.
The disappointed Indian was greatly enraged and threatened to kill Hemingway for deceiving him in order that he might be killed.
Hemingway was innocent of the charge for he had loaded the gun himself, but some other person had discharged it without his knowledge, and priming it, left it in the usual place in that condition.
With the discovery of this fact the warrior was finally pacified. In a day or two one of these spies was found dead on the Indian land—supposed to have been killed by the enraged warrior.
Nothing further
appears on record of a special nature, respecting the village, until the close
of the year 1703.
The following extracts from the village records will show the course of their affairs at that period.
At a Village Meeting, 23d Deer. 1703, the inhabitants voted that they would take up their Village grant; and to the end chose
-- Alling Ball
-- Samuel Hotchkiss
-- Samuel Heminway
-- John Potter
-- William Luddington
-- John Russel
-- George Pardee
for a Committee to manage the concerns of East Haven in order to a settlement according to the General Court's grant.
And informed New Haven of their design.
On 20th Nov. 1704, they voted that all the undivided land within the Village bounds shall be equally divided unto each of the present inhabitants, according to the heads and estates in 1702, when we were in a Village way, according to New Haven grant, excepting persons that are tenants.
"The Committee appointed to search for land reported that they judged there were yet 1200 acres of undivided lands."
30th March, 1705, they agreed to lay out a half division of land, according to the list in 1702, and to draw lots, who should pitch first, and next, and and none shall pitch on the half mile gained from Branford.
George Pardee was chosen to draw lots.
Samuel Thompson and Samuel Hotchkiss, jun., were chosen surveyors of the half division.
The town of New Haven was offended with the proceedings of the village respecting the laying out of the land and while the village petition for the renewal of parish privileges was pending before the General Assembly passed some angry resolutions, manifesting their unwillingness to admit the village to society privileges, and forbade the people south of Muddy River, and north of the village line, to pay any longer to the support of the ministry there, but to return to New Haven.
April 24, 1705. The Townsmen moved the Towne to consider whether the Towne look on the grant formerly made by New-Haven, doth give them power to take up again a Village on the east side, and whether the right of soil in the bounds of said Village belongs to the inhabitants there.
The Towne by vote declare -that they look upon the said former grant for a Village on that side to have been some time since, and by sundry applications and matters of record, are superceeded and cancelled, and that those neighbours may not lawfully resume and manage a Village affairs without a new grant and allowance orderly made to them; and that the right of undivided and common land, within the former grant, in no wise is, or ever was, granted to the inhabitants of said Village, but is and must remain at the disposal of the Towne of New-Haven, as much as any other tracts of common land lying within the established boundary of New Haven Towne, and whereas in said former grant the farmers on that side, northward of the Village bounds, were allowed to pay to the Ministry settled in said Village till further orders.
The Towne likewise doth order that those inhabitants henceforward pay to the support of the Ministry in New-Haven platt, untill that matter shall be otherwise ordered by said Towne." (N. H. Rec.)
The right of soil in the undivided land did indeed belong to the town of New Haven.
The village had no right to make a division of common land, except the half-mile that belonged to the village by a deed from Branford, predicated on a special grant of New Haven to that effect.
New Haven had no right of soil in the half-mile.
East Haven, however, obtained from the General Assembly a renewal of the parish grant which they had received in 1680, and they proceeded to manage their religious affairs in their own way.
New Haven attempted to tax East Haven as before, which was resisted by East Haven.
On April 24th, 1707, the Village voted that 600 acres on the lower end of the half-mile should be sold to defend lawsuits against New Haven, particularly when distressed for taxes.
And that the purchasers should sue at the next County Court after New Haven had strained for taxes.
William Luddington
John Russell
John Moulthrop
Joseph Tuttle
Daniel Collins
Jacob Robinson
took the 600 acres on those conditions, and divided it among themselves.
This tract lay between Lake Saltonstall and The Bull-swamp bridge.
Caleb Parmalee, Caleb Chidsey, and Isaac Penfield afterwards settled on it.
Some attempts to quiet this controversy were made, but without effect.
In October of this year East Haven proposed to New Haven to take their whole right of lands within the village bounds and maintain their own poor.
The next year, according to advice of the General Assembly, a committee of twelve was appointed by both parties and the articles of agreement proposed by the General Assembly partly consented to, i. e., to take the common lands within their bounds and support their own poor.
Some of the village people, however, protested against any propositions that might infringe their old rights.
About this time also there was a difference between the village and the South End men respecting the last division of land; but this was adjusted by admitting them to a full proportion with the rest.
To accomplish their object respecting further privileges the village proceeded thus:
15th Feb. 1707. Sergt. John Potter and Joseph Turtle were directed to attend a Town-meeting at New-Haven, and obtain their consent that this Village may be a settled distinct Towne.
The following spring the village petitioned the General Assembly for that object, which was granted.
"May, 1707.
This Assembly, considering the petition of the East Village of New-Haven do see cause to order that they shall be a Village distinct from the Towne of New-Haven, and invested and priviledged with all immunities and priviledges that are proper and necessary for a village, for the upholding of the public worship of God, as also their own civil concerns; and in order thereunto doe grant them libertie of all such officers so chosen as aforesaid and sworn as the law directs, shall be inabled with power and authoritie as fully and effectually for their limits or bounds, as is already granted them, as any such officers of any Towne whatsoever.
As also the said Village have liberty to have a school amongst themselves, with the privilege of the 40 shillings upon the £100 estate, as every town hath by law, and also free their own village charge, and maintain their own poor as all towns are obliged to do, and be fully freed from paying any taxes to New Haven, and shall be called by the name of EAST Haven.
(Col. Rec.)
This was a very ample charter for all the common privileges and immunities and duties of a town.
The right of choosing a representative is not, indeed, specified, but is implied in the "immunities and priviledges of a Towne.
They were furnished with the officers and powers of a town and the specific duties of a town are imposed.
So the people considered the grant and acted upon it by immediately choosing town officers, laying rates, and taking charge of their own poor.
Had the village still cooperated with New Haven in dividing their common lands, instead of assuming the right of dividing them themselves, probably they would not have been molested.
New Haven was displeased, as appears from the following document.
"16th Sept. 1707, the Towne taking into their consideration, that, notwithstanding all fair and friendly endeavours have been used by our Committee, for a good agreement between us and our neighbours at the Iron works, that they have yet given us causeless trouble and charge, in that they have four times summoned us to answer them before the General Court, and in May last, have moved the said General Court, that they may have the privileges of a separate Towne, and be freed from payment of Towne rates here, and also that they have unjustly entered upon, and granted sundry parcels of land, being our right and property, to the great prejudice of the Towne, and more particularly of some of their neighbours, do, therefore, by their vote declare, that altho' we have ever, hitherto, been willing, not only to grant them liberty, but all due encouragement to a separate society for carrying on the worship of God; yet the above proceedings being not only injurious to our right, property and privilege, secured to us by law, and our patent; but are also accompanied with great disturbance of the peace, and much disorder, which is likely to increase if not prevented, that, therefore, we may in no measure be satisfied therewith; but do order the Townsmen, with good advice in all proper methods of law, to endeavour the prevention thereof, and to secure our interest.
Being informed also that the listers cannot obtain the bills of persons and estates from the aforesaid inhabitants of the iron works, who refuse to deliver the same, on pretence that Towne privileges were conferred upon them separately by the General Court, in May last, that, therefore our said listers are not capable to perfect their list, and to give the sum total thereof, according to an act of the General Assembly, in October last past, the Towne considering thereof, do declare that the sum total of their list cannot be known, and desire it should not be presented, 'till it be perfected according to law."
The following extracts from the village records will show the course of their affairs at that period.
At a Village Meeting, 23d Deer. 1703, the inhabitants voted that they would take up their Village grant; and to the end chose
-- Alling Ball
-- Samuel Hotchkiss
-- Samuel Heminway
-- John Potter
-- William Luddington
-- John Russel
-- George Pardee
for a Committee to manage the concerns of East Haven in order to a settlement according to the General Court's grant.
And informed New Haven of their design.
On 20th Nov. 1704, they voted that all the undivided land within the Village bounds shall be equally divided unto each of the present inhabitants, according to the heads and estates in 1702, when we were in a Village way, according to New Haven grant, excepting persons that are tenants.
"The Committee appointed to search for land reported that they judged there were yet 1200 acres of undivided lands."
30th March, 1705, they agreed to lay out a half division of land, according to the list in 1702, and to draw lots, who should pitch first, and next, and and none shall pitch on the half mile gained from Branford.
George Pardee was chosen to draw lots.
Samuel Thompson and Samuel Hotchkiss, jun., were chosen surveyors of the half division.
The town of New Haven was offended with the proceedings of the village respecting the laying out of the land and while the village petition for the renewal of parish privileges was pending before the General Assembly passed some angry resolutions, manifesting their unwillingness to admit the village to society privileges, and forbade the people south of Muddy River, and north of the village line, to pay any longer to the support of the ministry there, but to return to New Haven.
April 24, 1705. The Townsmen moved the Towne to consider whether the Towne look on the grant formerly made by New-Haven, doth give them power to take up again a Village on the east side, and whether the right of soil in the bounds of said Village belongs to the inhabitants there.
The Towne by vote declare -that they look upon the said former grant for a Village on that side to have been some time since, and by sundry applications and matters of record, are superceeded and cancelled, and that those neighbours may not lawfully resume and manage a Village affairs without a new grant and allowance orderly made to them; and that the right of undivided and common land, within the former grant, in no wise is, or ever was, granted to the inhabitants of said Village, but is and must remain at the disposal of the Towne of New-Haven, as much as any other tracts of common land lying within the established boundary of New Haven Towne, and whereas in said former grant the farmers on that side, northward of the Village bounds, were allowed to pay to the Ministry settled in said Village till further orders.
The Towne likewise doth order that those inhabitants henceforward pay to the support of the Ministry in New-Haven platt, untill that matter shall be otherwise ordered by said Towne." (N. H. Rec.)
The right of soil in the undivided land did indeed belong to the town of New Haven.
The village had no right to make a division of common land, except the half-mile that belonged to the village by a deed from Branford, predicated on a special grant of New Haven to that effect.
New Haven had no right of soil in the half-mile.
East Haven, however, obtained from the General Assembly a renewal of the parish grant which they had received in 1680, and they proceeded to manage their religious affairs in their own way.
New Haven attempted to tax East Haven as before, which was resisted by East Haven.
On April 24th, 1707, the Village voted that 600 acres on the lower end of the half-mile should be sold to defend lawsuits against New Haven, particularly when distressed for taxes.
And that the purchasers should sue at the next County Court after New Haven had strained for taxes.
William Luddington
John Russell
John Moulthrop
Joseph Tuttle
Daniel Collins
Jacob Robinson
took the 600 acres on those conditions, and divided it among themselves.
This tract lay between Lake Saltonstall and The Bull-swamp bridge.
Caleb Parmalee, Caleb Chidsey, and Isaac Penfield afterwards settled on it.
Some attempts to quiet this controversy were made, but without effect.
In October of this year East Haven proposed to New Haven to take their whole right of lands within the village bounds and maintain their own poor.
The next year, according to advice of the General Assembly, a committee of twelve was appointed by both parties and the articles of agreement proposed by the General Assembly partly consented to, i. e., to take the common lands within their bounds and support their own poor.
Some of the village people, however, protested against any propositions that might infringe their old rights.
About this time also there was a difference between the village and the South End men respecting the last division of land; but this was adjusted by admitting them to a full proportion with the rest.
To accomplish their object respecting further privileges the village proceeded thus:
15th Feb. 1707. Sergt. John Potter and Joseph Turtle were directed to attend a Town-meeting at New-Haven, and obtain their consent that this Village may be a settled distinct Towne.
The following spring the village petitioned the General Assembly for that object, which was granted.
"May, 1707.
This Assembly, considering the petition of the East Village of New-Haven do see cause to order that they shall be a Village distinct from the Towne of New-Haven, and invested and priviledged with all immunities and priviledges that are proper and necessary for a village, for the upholding of the public worship of God, as also their own civil concerns; and in order thereunto doe grant them libertie of all such officers so chosen as aforesaid and sworn as the law directs, shall be inabled with power and authoritie as fully and effectually for their limits or bounds, as is already granted them, as any such officers of any Towne whatsoever.
As also the said Village have liberty to have a school amongst themselves, with the privilege of the 40 shillings upon the £100 estate, as every town hath by law, and also free their own village charge, and maintain their own poor as all towns are obliged to do, and be fully freed from paying any taxes to New Haven, and shall be called by the name of EAST Haven.
(Col. Rec.)
This was a very ample charter for all the common privileges and immunities and duties of a town.
The right of choosing a representative is not, indeed, specified, but is implied in the "immunities and priviledges of a Towne.
They were furnished with the officers and powers of a town and the specific duties of a town are imposed.
So the people considered the grant and acted upon it by immediately choosing town officers, laying rates, and taking charge of their own poor.
Had the village still cooperated with New Haven in dividing their common lands, instead of assuming the right of dividing them themselves, probably they would not have been molested.
New Haven was displeased, as appears from the following document.
"16th Sept. 1707, the Towne taking into their consideration, that, notwithstanding all fair and friendly endeavours have been used by our Committee, for a good agreement between us and our neighbours at the Iron works, that they have yet given us causeless trouble and charge, in that they have four times summoned us to answer them before the General Court, and in May last, have moved the said General Court, that they may have the privileges of a separate Towne, and be freed from payment of Towne rates here, and also that they have unjustly entered upon, and granted sundry parcels of land, being our right and property, to the great prejudice of the Towne, and more particularly of some of their neighbours, do, therefore, by their vote declare, that altho' we have ever, hitherto, been willing, not only to grant them liberty, but all due encouragement to a separate society for carrying on the worship of God; yet the above proceedings being not only injurious to our right, property and privilege, secured to us by law, and our patent; but are also accompanied with great disturbance of the peace, and much disorder, which is likely to increase if not prevented, that, therefore, we may in no measure be satisfied therewith; but do order the Townsmen, with good advice in all proper methods of law, to endeavour the prevention thereof, and to secure our interest.
Being informed also that the listers cannot obtain the bills of persons and estates from the aforesaid inhabitants of the iron works, who refuse to deliver the same, on pretence that Towne privileges were conferred upon them separately by the General Court, in May last, that, therefore our said listers are not capable to perfect their list, and to give the sum total thereof, according to an act of the General Assembly, in October last past, the Towne considering thereof, do declare that the sum total of their list cannot be known, and desire it should not be presented, 'till it be perfected according to law."
In January, 1708, the village found themselves in debt to their minister and meetinghouse, and in order to cancel those debts they voted to sell the half-mile.
The division to begin near Pierpont's and so come down.
The land to be laid out in two tiers of lots, with a six rod road thro' the middle; and the land was valued at one shilling and eight pence per acre, and proportioned at the rate of 5 acres to the £100 estate, and one acre to the poll. * * * the money was paid to Caleb Chedsey, Treasurer."
In 1708 Gurdon Saltonstall was elected governor.
It may be pardonable here to make a little digression and give a short sketch of Saltonstall.
Gurdon Saltonstall was born in Haverhill, Massachusetts, March 27, 1666; graduated at Harvard College, A.B. 1684, A.M. 1687; served as butler of the college 1684-1685; was ordained Minister of the church at New London, Connecticut, November 25, 1691.
He became a celebrated preacher, and was invited to accompany Winthrop to England, to settle political difficulties in 1693. He was chosen to succeed Gov. Fitz-John Winthrop in office at the latter's death, and served by annual election from 1708 to 1724. He was a man of great influence and power. He refused to be agent to the colony, conveying the address to Queen Anne urging the conquest of Canada in 1709, but aided in raising a large force for the disastrous expedition of Sir Hovenden Walker, and in 1713 became personally responsible for the credit of the colony, which had become involved through the expenses incurred in Canada. In his ministerial teachings he was a strict disciplinarian and the "Saybrook Platform" was largely due to his urging ecclesiastical discipline, which was in some respects in harmony with the Presbyterian polity.
He was so intent that it should be printed that he bought and set up in his residence in New London, the first printing press in Connecticut, forty-five years before printing was in use in any other place in the colony. His printer was Thomas Short, who came to New London in 1709.
He printed the "Saybrook Platform," which is said to be the first book printed in Connecticut.
Saltonstall was very prominent in locating Yale at New Haven instead of at Hartford, which place he strenuously opposed.
He seems to have been a man of tact as well as of force and authority.
The following is related of him: A strange sect called "Rogerenes" may be found in New London at present, although very sparingly. They ignored the rites of minister and doctor. One day as Governor Saltonstall was sitting in his room, smoking his pipe, a man named Gurdon came in with a woman, and addressing the governor said, "Sir, I have married this woman, and that, too, without the authority of your magistrates and ministers."
The governor turned round, took the pipe out of his mouth, and in a stern voice said, "Gurdon, have you taken this woman for your wife?" Gurdon replied, "Yes, I have." Turning to the woman the governor said, "Madam, have you take'n this man for your husband?" She replied, "Indeed, sir, I have." "Well, then," said the governor, "by authority of, and according to the laws of Connecticut, I pronounce you lawfully wedded husband and wife." Gurdon was astonished, and after a pause replied, "Thou art a cunning creature."
Governor Saltonstall married the only child of William Rosewell, and of course came into possession of the William Rosewell's farm.
Roswell Saltonstall, his grandson, lived at the Lake Saltonstall.
Leverett S. Bagley has now, in the parlour, one of Saltonstall's straight-back chairs.
After the death of the last Saltonstall, the William Rosewell's farm went into the hands of Jared Bradley.
Tradition has always been that this Saltonstall was not equal to the average, in mental capacity.
If he was not actually incompetent, he was inactive, and preferred some one to look out for him, rather than to take care of himself, and the Farm went to Bradley for care bestowed.
After the death of Bradley's wife, his niece, Loruhamah Goodsell, kept house for him.
When she left William Rosewell's Farm, she brought this chair to her father's house in East Haven (the site of the present Bailey house), where she died. Her daughter, Mrs. Grace (Goodsell) Parmelee, gave it to her friend, Mrs. Emeline (Bradley) Bagley, the mother of the late Leverett S. Bagley.
There was a common feeling among the people of the town that he constantly opposed their town privileges; and being a man of great influence, he had abundant opportunity to injure them.
The following incident will show the spirit of the times relative to East Haven affairs.
The people of the village kept
large flocks of geese, many of which found their way to Lake Saltonstall and
frequently passed over to the farm.
The governor being vexed with this invasion of his rights proclaimed a defensive war, attacked and routed the feathered army, making a great slaughter among them.
The owners of the geese thought that this was a cruel and unnecessary war, and were in turn greatly offended, and such was the effect upon the minds of the inhabitants generally, that at the next election for governor not a single East Haven vote appeared for Saltonstall.
After this discovery, the singular acts were passed by the General Assembly which destroyed their charter.
Whether these representations respecting the hostility and influence of Saltonstall are correct or not, it is certain that a most singular legislative legerdemain followed, and which whenever adopted is sufficient to ruin any charter, or fritter down any law into perfect nonsense. It is similar in effect to that exercise of power by which the Kings of England revoked charters and disannulled laws, and rendered every privilege and all property totally insecure.
In all probability the governor's business called him to New Haven often and he might have spent a few days at a time at the Farm. Usually such men kept a farmer on their estates, and probably he did. He was thrice married. His second wife was Elizabeth, daughter of William and Catharine (Russell) Roswell of Branford, Conn., by whom he came into possession of the Farm property. He died in New London, Connecticut, September 20, 1724.
At a village meeting 15th Feb. 1709, agreed to sell all the undivided lands on the pond Rock to the upper end, except the parsonage land.
The rest to be sequestered for building the minister's house.
25th Feb. 1709, another half division of land was made at the rate of five acres on the i1oo estate and one acre on the Poll.
Eliphalet Pardee drew the lot.
The controversy continued, and the General Assembly undertook to explain the act containing the town charter of East Haven.
New Haven, Oct. 1710, this Assembly taking into consideration an Act passed in the General Court held at Hartford, 8th May 1707, granting several privileges to the Village called (in the said Act) East-Haven, do declare upon the same, that there is nothing contained in the said Act that concerns property of lands, or that excludes the said Village from being within the Township of New-Haven; nor that intends to give the said Village the liberty of choosing deputies distinct from the Town of New Haven." (Col. Rec.)
5th Feb. 1711. Caleb Chedsey, Sergt. John Potter, John Howe, Samuel Russell, Ab. Heminway and Samuel Thompson, were chosen to goe to New-Haven and discourse with the Committee there, about the differences they speak of between them and us, and to make return to the Village, and not to conclude anything respecting the aforesaid matters, without the approbation of the Village."
Nothing, however, was accomplished by this attempt at explanation. The commentary of the General Assembly did not even diminish the magnitude of the controversy. East Haven pursued its own course, and New Haven threatened and prosecuted the people for their taxes.
In 1716, East Haven again cited New Haven before the General Assembly in hope that they should be able to maintain their town privileges on the charter of 1707. Contrary to their expectations, this application only brought forth a commentary on the commentary last mentioned.
"New-Haven, Oct. 1716. Upon consideration of the petition of the inhabitants at the Village of East-Haven, this Assembly find upon examination, that the last act of this Assembly, dated Oct. 1710, determines them to have no other powers than those that are common to other parishes, and, therefore, are of opinion that the law does not put the care of the poor into their hands, but into the Town of New Haven." (Col. Rec.)
In December of the same year, New Haven "Voted to clear the inhabitants of East Haven Village of all taxes to the Ministry or School, so long as they support the same according to the laws of this Colony.
They appointed a committee to settle with them about civil matters; and if they could not settle, they were determined to prosecute. In 1713 the last division of land was made, it being now all taken up.
After the year 1716, for a long time, very little appears on record concerning the civil concerns of the village. The General Assembly having explained away all their privileges, rights and duties as a town, they had nothing to do, nor anything to enjoy, except ing the duties and privileges of a mere parish under the jurisdiction of New Haven.
The governor being vexed with this invasion of his rights proclaimed a defensive war, attacked and routed the feathered army, making a great slaughter among them.
The owners of the geese thought that this was a cruel and unnecessary war, and were in turn greatly offended, and such was the effect upon the minds of the inhabitants generally, that at the next election for governor not a single East Haven vote appeared for Saltonstall.
After this discovery, the singular acts were passed by the General Assembly which destroyed their charter.
Whether these representations respecting the hostility and influence of Saltonstall are correct or not, it is certain that a most singular legislative legerdemain followed, and which whenever adopted is sufficient to ruin any charter, or fritter down any law into perfect nonsense. It is similar in effect to that exercise of power by which the Kings of England revoked charters and disannulled laws, and rendered every privilege and all property totally insecure.
In all probability the governor's business called him to New Haven often and he might have spent a few days at a time at the Farm. Usually such men kept a farmer on their estates, and probably he did. He was thrice married. His second wife was Elizabeth, daughter of William and Catharine (Russell) Roswell of Branford, Conn., by whom he came into possession of the Farm property. He died in New London, Connecticut, September 20, 1724.
At a village meeting 15th Feb. 1709, agreed to sell all the undivided lands on the pond Rock to the upper end, except the parsonage land.
The rest to be sequestered for building the minister's house.
25th Feb. 1709, another half division of land was made at the rate of five acres on the i1oo estate and one acre on the Poll.
Eliphalet Pardee drew the lot.
The controversy continued, and the General Assembly undertook to explain the act containing the town charter of East Haven.
New Haven, Oct. 1710, this Assembly taking into consideration an Act passed in the General Court held at Hartford, 8th May 1707, granting several privileges to the Village called (in the said Act) East-Haven, do declare upon the same, that there is nothing contained in the said Act that concerns property of lands, or that excludes the said Village from being within the Township of New-Haven; nor that intends to give the said Village the liberty of choosing deputies distinct from the Town of New Haven." (Col. Rec.)
5th Feb. 1711. Caleb Chedsey, Sergt. John Potter, John Howe, Samuel Russell, Ab. Heminway and Samuel Thompson, were chosen to goe to New-Haven and discourse with the Committee there, about the differences they speak of between them and us, and to make return to the Village, and not to conclude anything respecting the aforesaid matters, without the approbation of the Village."
Nothing, however, was accomplished by this attempt at explanation. The commentary of the General Assembly did not even diminish the magnitude of the controversy. East Haven pursued its own course, and New Haven threatened and prosecuted the people for their taxes.
In 1716, East Haven again cited New Haven before the General Assembly in hope that they should be able to maintain their town privileges on the charter of 1707. Contrary to their expectations, this application only brought forth a commentary on the commentary last mentioned.
"New-Haven, Oct. 1716. Upon consideration of the petition of the inhabitants at the Village of East-Haven, this Assembly find upon examination, that the last act of this Assembly, dated Oct. 1710, determines them to have no other powers than those that are common to other parishes, and, therefore, are of opinion that the law does not put the care of the poor into their hands, but into the Town of New Haven." (Col. Rec.)
In December of the same year, New Haven "Voted to clear the inhabitants of East Haven Village of all taxes to the Ministry or School, so long as they support the same according to the laws of this Colony.
They appointed a committee to settle with them about civil matters; and if they could not settle, they were determined to prosecute. In 1713 the last division of land was made, it being now all taken up.
After the year 1716, for a long time, very little appears on record concerning the civil concerns of the village. The General Assembly having explained away all their privileges, rights and duties as a town, they had nothing to do, nor anything to enjoy, except ing the duties and privileges of a mere parish under the jurisdiction of New Haven.
Being silenced by the terror of law suits and "the powers that
be," they yielded; until another generation arose that knew not a Saltonstall
and which began to think again that the act of 1707 really meant something
according to the natural import of words, and accordingly on the 18th of
December, 1752, "Voted, that we will take up the privileges that the General
Assembly and the Town of New-Haven have formerly granted for the time being; and
in order to do this, do send our Memorial forthwith to the Town meeting now
sitting.
"6th December 1753. We the subscribers, Selectmen of the Town of East-Haven, hereby beg leave to inform the inhabitants of the Town of New-Haven in Town meeting assembled, that whereas the General Assembly of the Colony of Connecticut, at their session at Hartford, on the 8th May, 1707, on the humble petition of the then East Village of New-Haven, were pleased to order, "That the said Village should be a Village distinct from the Town of New-Haven, and invested and priviledged with all immunities and privileges proper and necessary for a Village, for the upholding the worship of God, as also their own civil concerns," and did also grant them liberty of all such officers, as are proper and necessary for a Town, to be chosen by themselves, in order and form as all Towns by law, for each or any Town, and that all such officers so chosen as aforesaid and sworn as the law directs, should be enabled with power and authority as fully and effectually for their limits and bounds as any such officers of any Town whatsoever, and should be freed from paying taxes to the Town of New-Haven, and be called by the name of East-Haven. And whereas the Town of EastHaven, in pursuance of the said grant of the said General Assembly, did on the 6th December inst. in Town meeting regularly convened, proceed to choose the officers by law directed in Town meetings to be chosen, and to make such rules, orders and regulations, as were necessary for the welfare and due regulation of said Town, and are determined hereafter to continue to take benefit of the said grant of the General Assembly, and therein conduct according to the laws of this Colony, respecting the regulation and due Government of Towns, we have thought it our duty, and accordingly do in behalf of said Town of East-Haven, and by direction from them, hereby notify the Town of New-Haven of such their resolutions and conduct, in order that the said Town of NewHaven may hereafter exempt themselves from any further care or trouble respecting the affairs of the said Town of EastHaven, the regulation thereof, or the appointment of officers therein, whereof we doubt not your favourable acceptance and approbation, and are with gratitude for your past assistance, kindness and care:—
East-Haven, 6th Dec. 1753.
The village at the next meeting, 13th December, voted to defray the expenses of the Selectmen in defending us from the Town of New-Haven.
These proceedings, however, brought upon them once more the broad hand of the General Assembly as follows.
"New-Haven, October, 1754. Whereas by the law of this Colony respecting the office and duties of listers, provision is made for the sum total of the list of the several Towns in this Colony, to be sent in to this Assembly, and whereas the Village, or Society of East-Haven, in the Town of NewHaven, have sent the sum total of their list into this Assembly, distinct from the Town of New-Haven, which this Assembly, judging to be contrary to the law aforesaid, for that Towns only are to send in their list do reject the same, it not being the list of any Town—But forasmuch as it appears to this Assembly, that the said Society in sending said list, acted through mistake and misapprehension, do thereupon order, that the sum total of the list sent in by said Society be added to the sum total of the list of the Town of New-Haven, to make one sum, and that the same be entered on the records as the list of said Town accordingly. It is also further ordered that the listers of New-Haven inspect the list of the inhabitants of said Society, with the rest of the inhabitants of said Town according to law. And the several persons who received and made up the list of said Society, as listers, are hereby ordered to deliver the several lists of the inhabitants of said Society to the listers of the Town of NewHaven, that they may make up one general list, to be delivered to the Town Clerk as the law directs; and the Secretary of the Colony is directed to deliver two copies of this act to the Sheriff of New-Haven County, one by him to be delivered to the listers of said Town of New-Haven, and the other to the person or persons who received and made up the lists of said Society, for their direction respectively in the premises." (Col. Rec.)
Thus another fatal blow was given to the act of 1707.
The village, however, was very obstinate, and was determined not to yield.
But in order to remove and prevent any further objections to what they apprehended to be their rights, on the 3d of February, 1755, they appointed a Committee to apply to the General Court for Town privileges, according to a former Grant and to refuse to pay the two last rates of the Town; and to make an agreement with New-Haven about it, if they could.
But this plan failed.
They then resumed their old ground and on the 16th June
Voted, that we will proceed further with respect to our privileges granted formerly to us by the General Assembly, and will try it in the common law with the Town of New-Haven if they strain for our Town rates." And a committee was appointed to manage this business.
They persisted in choosing officers annually and yet appear to have acted with New Haven in town business. Nothing more appears on record respecting this controversy until May, 1780, when the village "Voted to apply to the General Assembly, to ratify and confirm our Town privileges, granted to this Village in 1707, and that a Committee go to New-Haven, and let them know that we are determined to act in defence of said privileges.
In December, 1781, this business was again introduced, and it was voted that a Committee be appointed to go to New-Haven to the next Town meeting, to petition them to give their assent and approbation to our talcing up our Village grant of 1707, and to act upon the same." "January 1, 1782.
Voted, that Levi Pardee go round to the people, to know whether they are willing to be a Town, or not." "3d January, Voted, that we will petition the General Assembly, that they make us a distinct town from New Haven." In the prosecution of this object they persevered. And at length after about 80 years of labor and controversy obtained their object. In 1785 New Haven consented they should become a town. They presented a petition to the General Assembly, and obtained the following grant:
"At a General Assembly holden at Hartford, on the second Tuesday of May, 1785, upon the Memorial of the inhabitants of the parish of East-Haven, in the Town of New-Haven, representing to the Assembly the many inconveniences they are subject to, by reason of their being connected with, and being a part of the Town of New-Haven, praying that they may be constituted a distinct and separate Town by themselves as per memorial, resolved by this Assembly, that the said inhabitants of said parish of East-Haven be, and they are hereby constituted a town by the name of East Haven.
And the bounds of East Haven shall be the same as the bounds of the said parish now are, and that East Haven shall be entitled to, and have and enjoy all the rights, privileges and immunities that the other towns in this state enjoy; and shall have liberty to elect and appoint all officers necessary and proper for a Town, to lay taxes and collect them as Towns in this State are allowed by law, and to do and transact all matters necessary and proper for a Town.
And the said Town of East-Haven shall be entitled to receive of the said Town of New-Haven, their part and proportion of all the Town Stock of said Town of New-Haven; and said Town of East-Haven, shall pay their part and proportion of all the debts of said Town of New-Haven already incurred, in proportion to the sum of their list, in the list of the Town of New Haven, and shall take upon them the charge and support of their part of the Town poor of said Town of New-Haven in proportion as aforesaid. And the taxes of said Town of New Haven already laid, shall and may be collected and applied for the payment of the debts and expenses of said Town of New Haven, already incurred, and the same being paid and discharged, said Town of East-Haven shall be entitled to their part and proportion of the overplus, if any be, to be ascertained as aforesaid.
And East Haven shall bear their part and proportion of supporting the bridges and highways within the bounds of the Town of New-Haven and East-Haven, in such part and proportion, as shall be judged just and reasonable, by William S. Johnson, Jonathan Sturgis, and John Chester, Esq. who are appointed a Committee for that purpose, all the circumstances of the Town being duly considered; and said Committee shall appoint and set off, to the said Town of East-Haven, their part and proportion, of the poor of the said Town of New-Haven, and the stock and debts in proportion to their lists aforesaid.
And East Haven shall hold their first town meeting at the meeting-house in East Haven,on the first Tuesday of July next, at 10 o'clock A. M. when they may choose such Town Officers as by law are required, who shall remain in office until another meeting shall be held in and for said Town, in the month of December next And said meeting shall have power and authority to transact all matters necessary for a Town, and to adjourn, to a future period, if necessary, said inhabitants, legal voters, being warned three days before said meeting by Isaac Chedsey, Stephen Smith and Joshua Austin of East Haven, or any of them, to meet as aforesaid, and Stephen Smith shall preside at said meeting until a moderator of said meeting shall be chosen, and shall take and count the votes of said Town for their moderator; provided nothing shall be construed to hinder the inhabitants of the Town of New-Haven from catching fish, oysters, and clams within the bounds of said Town of East-Haven, under the same restrictions, and regulations that the said inhabitants of said EastHaven shall be. Provided also that the said Town of East-Haven shall have the liberty to send one representative to the General Assembly of this State." (State and Town Records.)
"6th December 1753. We the subscribers, Selectmen of the Town of East-Haven, hereby beg leave to inform the inhabitants of the Town of New-Haven in Town meeting assembled, that whereas the General Assembly of the Colony of Connecticut, at their session at Hartford, on the 8th May, 1707, on the humble petition of the then East Village of New-Haven, were pleased to order, "That the said Village should be a Village distinct from the Town of New-Haven, and invested and priviledged with all immunities and privileges proper and necessary for a Village, for the upholding the worship of God, as also their own civil concerns," and did also grant them liberty of all such officers, as are proper and necessary for a Town, to be chosen by themselves, in order and form as all Towns by law, for each or any Town, and that all such officers so chosen as aforesaid and sworn as the law directs, should be enabled with power and authority as fully and effectually for their limits and bounds as any such officers of any Town whatsoever, and should be freed from paying taxes to the Town of New-Haven, and be called by the name of East-Haven. And whereas the Town of EastHaven, in pursuance of the said grant of the said General Assembly, did on the 6th December inst. in Town meeting regularly convened, proceed to choose the officers by law directed in Town meetings to be chosen, and to make such rules, orders and regulations, as were necessary for the welfare and due regulation of said Town, and are determined hereafter to continue to take benefit of the said grant of the General Assembly, and therein conduct according to the laws of this Colony, respecting the regulation and due Government of Towns, we have thought it our duty, and accordingly do in behalf of said Town of East-Haven, and by direction from them, hereby notify the Town of New-Haven of such their resolutions and conduct, in order that the said Town of NewHaven may hereafter exempt themselves from any further care or trouble respecting the affairs of the said Town of EastHaven, the regulation thereof, or the appointment of officers therein, whereof we doubt not your favourable acceptance and approbation, and are with gratitude for your past assistance, kindness and care:—
East-Haven, 6th Dec. 1753.
The village at the next meeting, 13th December, voted to defray the expenses of the Selectmen in defending us from the Town of New-Haven.
These proceedings, however, brought upon them once more the broad hand of the General Assembly as follows.
"New-Haven, October, 1754. Whereas by the law of this Colony respecting the office and duties of listers, provision is made for the sum total of the list of the several Towns in this Colony, to be sent in to this Assembly, and whereas the Village, or Society of East-Haven, in the Town of NewHaven, have sent the sum total of their list into this Assembly, distinct from the Town of New-Haven, which this Assembly, judging to be contrary to the law aforesaid, for that Towns only are to send in their list do reject the same, it not being the list of any Town—But forasmuch as it appears to this Assembly, that the said Society in sending said list, acted through mistake and misapprehension, do thereupon order, that the sum total of the list sent in by said Society be added to the sum total of the list of the Town of New-Haven, to make one sum, and that the same be entered on the records as the list of said Town accordingly. It is also further ordered that the listers of New-Haven inspect the list of the inhabitants of said Society, with the rest of the inhabitants of said Town according to law. And the several persons who received and made up the list of said Society, as listers, are hereby ordered to deliver the several lists of the inhabitants of said Society to the listers of the Town of NewHaven, that they may make up one general list, to be delivered to the Town Clerk as the law directs; and the Secretary of the Colony is directed to deliver two copies of this act to the Sheriff of New-Haven County, one by him to be delivered to the listers of said Town of New-Haven, and the other to the person or persons who received and made up the lists of said Society, for their direction respectively in the premises." (Col. Rec.)
Thus another fatal blow was given to the act of 1707.
The village, however, was very obstinate, and was determined not to yield.
But in order to remove and prevent any further objections to what they apprehended to be their rights, on the 3d of February, 1755, they appointed a Committee to apply to the General Court for Town privileges, according to a former Grant and to refuse to pay the two last rates of the Town; and to make an agreement with New-Haven about it, if they could.
But this plan failed.
They then resumed their old ground and on the 16th June
Voted, that we will proceed further with respect to our privileges granted formerly to us by the General Assembly, and will try it in the common law with the Town of New-Haven if they strain for our Town rates." And a committee was appointed to manage this business.
They persisted in choosing officers annually and yet appear to have acted with New Haven in town business. Nothing more appears on record respecting this controversy until May, 1780, when the village "Voted to apply to the General Assembly, to ratify and confirm our Town privileges, granted to this Village in 1707, and that a Committee go to New-Haven, and let them know that we are determined to act in defence of said privileges.
In December, 1781, this business was again introduced, and it was voted that a Committee be appointed to go to New-Haven to the next Town meeting, to petition them to give their assent and approbation to our talcing up our Village grant of 1707, and to act upon the same." "January 1, 1782.
Voted, that Levi Pardee go round to the people, to know whether they are willing to be a Town, or not." "3d January, Voted, that we will petition the General Assembly, that they make us a distinct town from New Haven." In the prosecution of this object they persevered. And at length after about 80 years of labor and controversy obtained their object. In 1785 New Haven consented they should become a town. They presented a petition to the General Assembly, and obtained the following grant:
"At a General Assembly holden at Hartford, on the second Tuesday of May, 1785, upon the Memorial of the inhabitants of the parish of East-Haven, in the Town of New-Haven, representing to the Assembly the many inconveniences they are subject to, by reason of their being connected with, and being a part of the Town of New-Haven, praying that they may be constituted a distinct and separate Town by themselves as per memorial, resolved by this Assembly, that the said inhabitants of said parish of East-Haven be, and they are hereby constituted a town by the name of East Haven.
And the bounds of East Haven shall be the same as the bounds of the said parish now are, and that East Haven shall be entitled to, and have and enjoy all the rights, privileges and immunities that the other towns in this state enjoy; and shall have liberty to elect and appoint all officers necessary and proper for a Town, to lay taxes and collect them as Towns in this State are allowed by law, and to do and transact all matters necessary and proper for a Town.
And the said Town of East-Haven shall be entitled to receive of the said Town of New-Haven, their part and proportion of all the Town Stock of said Town of New-Haven; and said Town of East-Haven, shall pay their part and proportion of all the debts of said Town of New-Haven already incurred, in proportion to the sum of their list, in the list of the Town of New Haven, and shall take upon them the charge and support of their part of the Town poor of said Town of New-Haven in proportion as aforesaid. And the taxes of said Town of New Haven already laid, shall and may be collected and applied for the payment of the debts and expenses of said Town of New Haven, already incurred, and the same being paid and discharged, said Town of East-Haven shall be entitled to their part and proportion of the overplus, if any be, to be ascertained as aforesaid.
And East Haven shall bear their part and proportion of supporting the bridges and highways within the bounds of the Town of New-Haven and East-Haven, in such part and proportion, as shall be judged just and reasonable, by William S. Johnson, Jonathan Sturgis, and John Chester, Esq. who are appointed a Committee for that purpose, all the circumstances of the Town being duly considered; and said Committee shall appoint and set off, to the said Town of East-Haven, their part and proportion, of the poor of the said Town of New-Haven, and the stock and debts in proportion to their lists aforesaid.
And East Haven shall hold their first town meeting at the meeting-house in East Haven,on the first Tuesday of July next, at 10 o'clock A. M. when they may choose such Town Officers as by law are required, who shall remain in office until another meeting shall be held in and for said Town, in the month of December next And said meeting shall have power and authority to transact all matters necessary for a Town, and to adjourn, to a future period, if necessary, said inhabitants, legal voters, being warned three days before said meeting by Isaac Chedsey, Stephen Smith and Joshua Austin of East Haven, or any of them, to meet as aforesaid, and Stephen Smith shall preside at said meeting until a moderator of said meeting shall be chosen, and shall take and count the votes of said Town for their moderator; provided nothing shall be construed to hinder the inhabitants of the Town of New-Haven from catching fish, oysters, and clams within the bounds of said Town of East-Haven, under the same restrictions, and regulations that the said inhabitants of said EastHaven shall be. Provided also that the said Town of East-Haven shall have the liberty to send one representative to the General Assembly of this State." (State and Town Records.)
The first town meeting under this act was held in the meetinghouse
on the first Tuesday of July, 1785.
The meeting was opened with prayer by Street, and a sermon adapted to the occasion from Psalms cxxii. 3, 7, 8, 9, and the necessary town officers were appointed.
Previous to these transactions, New Haven confirmed the doings of the village respecting the divisions of land in East Haven, which had been the subject of much controversy; and the people of East Haven, on their part, relinquished their claim to all the common lands in the other parts of the town of New Haven. Thus all their controversies which had agitated the town for about eighty years were brought to a happy issue.
When we read over all the struggles, refusals and disappointments of our early settlers, in their attempts to be an independent town, we can but admire the determination, fortitude, and unrelenting fixedness of purpose which characterized all their proceedings.
It is just what we should expect of men who had braved all the dangers, privations and hardships of a pioneer settlement.
Yet they had the same spirit as their own with which to contend which prolonged the battle.
Their contentions exhibited that strength and firmness of mind which enabled them to encounter all the dangers of the wilderness with courage and coolness, and to bear trouble and adverse circumstances without depression and without despondency.
They possessed that resolution, that endurance and bravery, that never acknowledges defeat.
This was the character of our Puritan fathers.
Seven times they cited New Haven before the General Assembly and as many times were defeated.
Nothing daunted, they persevered, until the eighth time they conquered—one hundred and six years after they had petitioned for their first privilege, and nearly eighty since their first charter had been granted, to which they clung with unflinching grip.
It is amusing to count the number of men whom they placed upon their committees.
One would think such a drove of men intended to take things by storm.
They believed that "in a multitude of councillors there is safety."
Then their town meetings were almost as numerous as the frequent gatherings at the village store.
These were their schools of parliamentary tactics.
All this primitive labor was the seed sowing, of which this great nation is to-day reaping the harvest.
The meeting was opened with prayer by Street, and a sermon adapted to the occasion from Psalms cxxii. 3, 7, 8, 9, and the necessary town officers were appointed.
Previous to these transactions, New Haven confirmed the doings of the village respecting the divisions of land in East Haven, which had been the subject of much controversy; and the people of East Haven, on their part, relinquished their claim to all the common lands in the other parts of the town of New Haven. Thus all their controversies which had agitated the town for about eighty years were brought to a happy issue.
When we read over all the struggles, refusals and disappointments of our early settlers, in their attempts to be an independent town, we can but admire the determination, fortitude, and unrelenting fixedness of purpose which characterized all their proceedings.
It is just what we should expect of men who had braved all the dangers, privations and hardships of a pioneer settlement.
Yet they had the same spirit as their own with which to contend which prolonged the battle.
Their contentions exhibited that strength and firmness of mind which enabled them to encounter all the dangers of the wilderness with courage and coolness, and to bear trouble and adverse circumstances without depression and without despondency.
They possessed that resolution, that endurance and bravery, that never acknowledges defeat.
This was the character of our Puritan fathers.
Seven times they cited New Haven before the General Assembly and as many times were defeated.
Nothing daunted, they persevered, until the eighth time they conquered—one hundred and six years after they had petitioned for their first privilege, and nearly eighty since their first charter had been granted, to which they clung with unflinching grip.
It is amusing to count the number of men whom they placed upon their committees.
One would think such a drove of men intended to take things by storm.
They believed that "in a multitude of councillors there is safety."
Then their town meetings were almost as numerous as the frequent gatherings at the village store.
These were their schools of parliamentary tactics.
All this primitive labor was the seed sowing, of which this great nation is to-day reaping the harvest.
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