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CHAP. XII.

History of Connecticut continued-Quakers.

THE colony of Connecticut expressed their disapprobation of the use of tobacco in an act of their general assembly at Hartford, in 1647, wherein it was ordered, "That no person under the age of twenty years, nor any other that hath already accustomed himself to the use thereof, shall take any tobacco, until he shall have brought a certificate from under the hand of some who are approved for knowledge and skill in physic, that it is useful for him; and also that he hath received a licence from the court for the same. All others who had addicted themselves to the use of tobacco, were, by the same court, prohibited taking it in any company, or at their labours, or on their travels, unless they were ten miles at least from any house, or more than once a day, though not in company, on pain of a fine of six-pence for each time; to be proved by one substantial evidence. The constable in each town to make presentment of such transgressions to the particular court, and upon conviction, the fine to be paid without gainsaying." Massachusetts and New Haven colonies were more severe with the Quakers than Connecticut or Plymouth. Of the four, Connecticut was the most moderate. The general court of New Haven, 1658, passed a severe law against the Quakers. They introduced their law, which was copied from the act of the commissioners of the colonies, with this preamble:

"Whereas there is a cursed sect of heretics lately sprung up in the world, commonly called Quakers, who take upon them that they are immediately sent from God, and infallibly assisted by the Spirit, who yet speak and write blasphemous opinions, despise government, and the order of God in church and commonwealth, speaking evil of dignities, &c. Ordered, that whosoever shall bring, or cause to be brought, any known Quaker or Quakers, or other blasphemous heretics, shall forfeit the sum of fifty pounds. Also, if a Quaker come into this jurisdiction on civil business, the time of his stay shall be limited by the civil authority, and he shall not use any means to corrupt or seduce others. On his first arrival, he shall appear before a magistrate, and from him receive licence to pass on his business: and (for the better prevention of hurt to the people) have one or more to attend upon them at their charge, &c. The penalties in case of disobedience, were whipping, imprisonment, labour, and a deprivation of all converse with

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Laws against Quakers.

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any person." For the second offence, the person was to be branded in the hand with the letter H, to suffer imprisonment, and be put to labour. For the third, to be branded in the other hand, imprisoned, &c. as before. For the fourth, the offender was to have his tongue bored through with a red hot iron, imprisoned, and kept to labour, until sent away at their own charge. Any person who shall attempt to defend the sentiments of the Quakers, was, for the third offence, to be sentenced to banishment. "This law continued but two years, and was annulled at the restoration, in 1660. Virginia had this law, and that also against witchcraft. In New Haven I find a trial or two, and no more, on witches, but never a condemnation to any kind of punishment. There never was a single judgment or execution of the law upon a Quaker. Neither witches nor Quakers were ever condemned, or in the least punished in the colony of New Haven."

Had the pious framers of these laws paid a dre attention to the excellent advice of that sagacious doctor of the law, Gamaliel, they would, perhaps, have been prevented from the This adoption of such severe and unjustifiable measures. wise man, when his countrymen were about to be outrageous in persecuting the apostles, addressed them in the following words, which merit to be engraved in letters of gold: Refrain from these men, and let them alone; for if this counsel or this work be of men, it will come to nought: but if it be of God, ye cannot overthrow it; lest haply ye be found even to fight against God." This divine maxim was but little attended to in times of persecution. Our ancestors seem to have left it to posterity to make the important discovery, that persecution is the direct method to multiply its objects. But these people, who have been so much censured and ridiculed, had, perhaps, as many virtues as their posterity. And it would be wise in the moderns, who stand elevated upon the shoulders of their ancestors, with the book of their experience spread before then, to imitate their virtues and to veil their faults.

The colonies of Connecticut and New Haven, from their first settlement, increased rapidly; tracts of land were purchased of the Indians, and new towns settled from Stamford to Stonington, and far back into the country, when, in 1661, Major John Mason, as agent for the colony, bought of the natives all lands, which had not before been purchased by particular towns, and made a public surrendry of them to the colony in the presence of the general assembly. Having done

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these things, the colonists petitioned King Charles II. for a charter, and their petition was granted. His Majesty, on the 23d of April, 1662, issued his letters patent under the great seal, ordaining that the colony of Connecticut should, for ever hereafter, be one body corporate and politic, in fact and in name, confirming to them their ancient grant and purchase, and fixing their boundaries as follows, viz. "All that part of His Majesty's dominions in New England, in America, bounded east by Narraganset river, commonly called Narraganset Bay, where the river falleth into the sea; and on the north by the line of Massachusetts plantation; and on the south by the sea, and in longitude as the line of the Massachusetts colony running from east to west, that is to say, from the said Narraganset Bay on the east, to the South Sea on the west part, with the islands thereunto belonging." This charter has ever since remained the basis of the government of Connecticut, which was originally the Earl of Warwick's patent, one hundred and twenty miles of two degrees in breadth, and extending from Narraganset Bay across the continent. Connecticut charter comprehended the same. But court construction in 1664, limited the one hundred and twenty miles to the sea coast, instead of the two meridional degrees. New Haven people had actually made an emigration and settlement under Lord Say and Seal, at Delaware, near Philadelphia, in 1655, evidently shewing that it was the original understanding that the Earl of Warwick's patent extended two degrees in breadth below Massachusetts. But for the gratification of the Duke of York, this was arbitrarily taken from the purchasers of Lord Say and Seal's title, and erected into the colonies of New York, New Jersey, and Pennsylvania, by the Duke.

Such was the ignorance of the Europeans, respecting the geography of America, that their patents extended they knew not where. Many of them were of doubtful construction, and very often covered each other in part, and have produced innumerable disputes and mischiefs in the colonies, some of which are not settled to this day. It is not my business to touch upon these disputes. I have only to observe, that Connecticut constructed her charter as authorising them to pass over New York, which was then in possession of the subjects of a Christian prince, and claimed, in latitude and breadth, mentioned therein, to the South Sea. Accordingly, in 1754, purchases were made of the Indians of the Six Nations, by a number of

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Litigations relating to Boundaries.

the inhabitants of Connecticut, called the Susquehannah and Delaware companies, of a large tract of land lying west of Delaware river, and thence spreading over the east and west branches of Susquehannah river, on which considerable settlements were shortly after made. These settlers were incorporated afterwards by the general assembly of Connecticut, and made a distinct town, by the name of Westmoreland, and annexed to the county of Litchfield.

The charter of Pennsylvania, granted to William Penn, in 1681, covered these settlements. This laid the foundation for a dispute, which for a long time was maintained with warmth on both sides. The matter was at last submitted to gentlemen chosen for the purpose, who decided the dispute in favour of Pennsylvania. Many, however, still assert the justice of the Connecticut claim, in whose favour there was once a decision of the court. It will not be considered as out of place here to observe, that although Connecticut was forced to yield her claim to the lands within the limits of her charter, which were comprised within that of Pennsylvania, she did not relinquish the right her charter gave her to the lands lying west of Pennsylvania, and between that state and the Mississippi. At the close of the revolution, she ceded all her charter claims west of Pennsylvania, to Congress, reserving only a tract the width of the State of Connecticut, and one hundred and twenty miles in length; bounded east, on the western line of Pennsylvania, and north by Lake Erie, containing nearly four millions of acres. This cession was accepted by Congress,

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which established to Connecticut her title to these lands. legislature of Connecticut, in 1793, granted to the sufferers in the several towns that were burnt during the war, a tract of half a million of acres, on the west end of this reservation; and in the summer of 1795, sold the remainder, consisting of about 3,300,000 acres, to Oliver Phelps, William Hart and associates, for 1,200,000 dollars. This sum, by an act of the legislature of Connecticut, passed in June, 1795, is appropria ted to the support of schools in the several societies constituted by law, within the state; and also, in such societies as may request it, and by leave of the general assembly, for the support of the Christian ministry and the public worship of God.

Two persons have been employed to explore the tract of land of which we have been speaking. They represent that the shore of the lake (Erie) is bold, and has several good harbours; that the land in general is level, descending a little

Union of New Haven and Connecticut.

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to the north west; that it is watered by two large, and a number of small rivers; that it rises into waving hills, but that there is not a mountain of any size on the whole tract; that the soil, generally speaking, is of the first quality; and that there are several salt springs, whose waters, it is asserted, yield as much salt in proportion as sea water." The native right to half this territory was extinguished by a treaty held several years ago, by General Parsons. A great part of this tract falls east and south of the boundary line between the United States and the Indians, as settled by the late treaty, by General Wayne. The colony of New Haven, though unconnected with the colony of Connecticut, was comprehended within the limits of their charter, and, as they concluded, within their jurisdiction. But New Haven remonstrated against their claim, and refused to unite with them, until they should hear from England. It was not until the year 1665, when it was believed that the king's commissioners had a design upon the New England charters, that these two colonies formed an union, which has ever since amicably subsisted between them.

In 1672, the laws of the colony were revised, and the general court ordered them to be printed; and also, "that every family should buy one of the law books; such as pay in silver to have a book for twelve pence, such as pay in wheat, to pay a peck and a half a book; and such as pay in peas, two shillings a book, the peas at three shillings the bushel." Perhaps it is owing to this early and universal spread of law books, that the people of Connecticut are to this day so fond of the law. In 1750, the laws of Connecticut were again revised, and pub lished in a small folio volume of two hundred and fifty-eight pages. Dr. Douglass observes, "that they were the most natural, equitable, plain, and concise code of laws for plantations, hitherto extant." There has been a revision of them since the peace of 1783, in which they were greatly and very judiciously simplified. The years 1675 and 1676, were distinguished by the wars with Phillip and his Indians, and with the Narragansets, by which the colony was thrown into great distress and confusion. The inroads of the enraged savages were marked with cruel murders, and with fire and devastation.

Connecticut has ever made rapid advances in population. There have been more emigrations from this, than from any of the other states, and yet it is at present full ofinhabitants. This increase may be ascribed to several causes. The bulk of the

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