been acknowledged. Having said this, he sat down, praying the company freely to consider whether they would have it voted at this time or not. After some space of silence, Mr. Theophilus Eaton answered it might be voted, and some others also spake to the same purpose, none at all opposing it. Then it was propounded to vote. Quære 5. Whether free Burgesses shall be chosen out of Church members, they that are in the foundation work of the church being actually free burgesses, and to chuse to themselves out of the like estate of church fellowship, and the power of chusing magistrates and officers from among themselves, and the power of making and repealing laws according to the word, and the dividing of inheritances, and the deciding differences that may arise, and all the business of like nature, are to be transacted by those free burgesses. This (viz. Quære 5.) was put to vote, and agreed unto by the lifting up of hands twice, as in the former cases it was done. Then one man stood up after the vote was past, and expressing his dissenting from the rest, in that yet granting, 1. That magistrates should be men fearing GOD. 2. That the Church is the company whence ordinarily such men may be expected. 3. That they that chuse them ought to be men fearing GOD, onelye at this he stucke, That free planters ought not to give the power out of their hands. Another stood up and answered, that in this case nothing was done but with their consent. The former answered, that all the free planters ought to resume this power into their own hands again, if things were not orderly carried. Mr. Theophilus Eaton answered, that in all cases they choose committees. In like manner the companys of London chuse the liverys by whom the publique magistrates are chosen. In this the rest are not wronged; because they expect to be of the livery themselves, and to have the same power. Some others intreated the former to give his arguments and reasons whereupon he dissented. He refused to doe it, and said they might not rationally demaund it, seeing he let the vote pass on freely, and did not speak until after it was past because he would not hinder what they agreed upon. Then Mr. Davenport, after a short relation of some former passages between them two about this question, prayed the company that nothing might be concluded by them in this weighty qestion, but what themselves were persuaded to be agreeing with the minde of GOD, and they had heard what had been sayd since the vote, intreated them agayne to consider of it, and agayne to put it to vote as before. Agayne all of them by holding up their hands, did shew their consent as before. And some of them professed, that whereas they did waver before they came to the assembly, they were now fully convinced, that it is the minde of GOD. One of them said, that in the morning before he came, reading Deuteronomy 17, 15. he was convinced at home. Another said that he came doubting to the assembly, but he blessed GoD, by what had beene said he was now fully satisfied that the choyce of burgesses out of Church members, and to intrust these with the power before spoken of, is according to the minde of God revealed in the scripture. All having spoken their apprehensions, it was agreed upon, and Mr. Robert Newman was desired to write it as an order, whereunto every one that hereafter should be admitted here as planters should submit, and testify the same by subscribing their names to the order, namely, That church Members only shall be free Burgesses, and that they only shall chuse magistrates and officers among themselves, to have the power of transacting all publique civil affairs of this plantation, of making and repealing laws, devideing of inheritances, decideing of differences that may arise; and doing all things or businesses of like nature. This being settled as a fundamental article concerning civil government, Mr. Davenport propounded and proposed some things to consideration aboute the gatheringe of a Church. And to prevent the blemishing of the first beginnings of the work, He advised that the names of such as were to be admitted be publiquely propounded, to the end that they who were most approved might be chosen; for the town being cast into several private meetings, wherein they that dwelt nearest together gave their accounts one to another of God's gracious work upon them, and prayed together, and conferred to their mutual edification, sundry of them had knowledge one of another, and in every meeting some one was more approved of all than any other. For this reason, and to prevent scandalls, the whole company was intreated to consider whom they found fittest to nominate for this worke. Quære 6. Whether are you all willing and do agree in this, that twelve men be chosen, that their fitness for the foundation work may be tried, however there may be more named, yet it may be in their power who are chosen to reduce them to twelve, and it be in the power of those twelve to chuse out of themselves 7, that shall be most approved of, the major part to begin the church. This was agreed upon by consent of all, as was expressed by holding up of hands, and that so many as should be thought fit for the foundation work of a church, shall be propounded by the plantation, and written down and passe without exception, unlesse they had given public scandall or offence, yet so as in case of publique scandall and offence, every one should have liberty to propound their exceptions at that time publiquely against any man that should be nominated when all the names should be writ down, but if the offence were private, that men's names might be tendered, so many as were offended, were intreated to deal with the offender privately. And if he gave no satisfaction, to bring the matter to the twelve, that they might consider of it impartially and in the feare of GOD. The names of the persons named and agreed upon, were Theophilus Eaton, John Davenport, Robert Newman, Matthew Gilbert, Richard Malbon, Nathaniel Turner, Ezekiel Chevers, Thomas Fugill, John Punderson, William Andrews, and Jeremiah Dixon. No exception was brought against any of these in public, except one about taking an excessive rate for meal that he had sold to one of Poquonnock in his neede, which he confessed with grief, and declared that having been smitten in heart, and troubled in his conscience, he offered such a part of the price back again, with confession of his sin to the party, as he thought himself bound to do. And it being feared that the report of the sin was heard further than the report of his satisfaction, a course was concluded on to make the satisfaction to as many as heard of the sin. It was also agreed upon at the said meetinge, that if the persons above named did find themselves straitened in the number of fit men for the seven, that it should be free for them to take into tryal of fitnesse such other as they should think meete. Provided that it should be signified to the town upon the Lord's day who they so take in, that every man may be satisfied of them, according to the course formerly taken. [The foregoing was subscribed and signed by one hundred and eleven persons.] "After a proper term of trial, Theophilus Eaton, Esq., Mr. John Davenport, Robert Newman, Matthew Gilbert, Thomas Fugill, John Punderson and Jeremiah Dixon, were chosen for the seven pillars of the church. "October 25th, 1639, the court, as it is termed, consisting of these seven persons only, convened, and after a solemn address to the Supreme Majesty, they proceeded to form the body of freemen, and to elect their civil officers. The manner was indeed singular and curious. pre "In the first place, all former trust, for managing the public affairs of the plantation, was declared to cease, and be utterly abrogated. Then all those who had been admitted to the church after the gathering of it, in the choice of the seven pillars, and all the members of other approved churches, who desired it, and offered themselves, were admitted members of the court. A solemn charge was then publicly given them, to the same effect as the freemen's charge, or oath, which they had viously adopted. The purport of this was nearly the same, with the oath of fidelity, and with the freemen's administered at the present time. Mr. Davenport expounded several scriptures to them, describing the character of civil magistrates given in the sacred oracles. To this succeeded the election of officers. Theophilus Eaton, Esq. was chosen governor, Mr. Robert Newman, Mr. Matthew Gilbert, Mr. Nathaniel Turner, and Mr. Thomas Fugill, were chosen magistrates. Mr. Fugill was also chosen secretary; and Robert Seely, marshal. "Mr. Davenport gave Governor Eaton a charge in open court, from Deut. 1: 16, 17. And I charged your judges at that time, saying, Hear the causes between your brethren, and judge righteously between every man and his brother, and the stranger that is with him. Ye shall not respect persons in judgment, but ye shall hear the small as well as the great; ye shall not be afraid of the face of man; for the judgment is GOD's: and the cause that is too hard for you, bring it unto me, and I will hear it." "It was decreed by the freemen, that there should be a general court annually, in the plantation, on the last week in October. This was ordained a court of election, in which all the officers of the colony were to be chosen. This court determined, that the word of GOD should be the only rule for ordering the affairs of government in that commonwealth. "This was the original, fundamental constitution of the government of New Haven. All government was originally in the church, and the members of the church elected the governor, magistrates and all other officers. The magistrates, at first, were no more than assistants of the governor; they might not act in any sentence or determination of the court.* No deputy governor was chosen, nor were any laws enacted, except the general resolutions which have been noticed; but, as the plantation enlarged, and new towns were settled, new orders were given; the general court received a new form, laws were enacted, and the civil polity of this jurisdiction gradually advanced, in its essential parts, to a near resemblance of the government of Connecticut."+ Letter from the Rev. J. Davenport and Gov. Eaton, "To the much honored the Governor, Deputy and Assistants, &c." of Massachusetts. "It may please the worthy and much Honored Governor, Deputy & Assistants, & with them, the present Courte, to take knowledge that our desire of staying within this patent was Reall and strong, if the eye of God's providence (to whom we have committed our waies, especially in so important an enterprise as this, which, we confess is far above our Capacityes) had guided us to a place convenient for our familyes, & for our friends. Which as our words have often expressed, so, we hope, the trueth thereof is sufficiently declared by our almost nine moneths patient wayting in expectacon of some opportunity to be offered us, for that end, to our great charge & hindrance, many waies. "In all which time we have, in many prayers, commended the guidance of our apprehensions, judgments, spirits, resoluc ons & wayes, into the good hand of the onely wise God, whose prerogative it is to determine the bounds of our habitacions according to the ends for which he hath brought us into these countryes, and we have considered, as we were able, by his helpe, whatsoever place hath bene propounded to us, being ready to have, with contentment accepted (if by our stay any publick good might be promoved) smaller accommodacons, & upon dearer termes (if they might be moderately commodious) then, we believe, most men, in the same case with us, in all respects, would have done. And whereas a place for an Inland plantacon, beyond Watertowne, was propounded to us, & pressed with much importunity by some, whose words have the power of a law with us, in any way of God, we did speedily, and seriously deliberate thereupon, it being the subject of the greatest part of a dayes discourse. The conclusion was, that, if the upland should answer the meddow ground in goodnes & desirablenes (whereof yet there is some ground of doubting) yet, considering that a Boate cannot pass from the Bay thither, nearer than 8 or 10 miles distance, and that it is so remote from the Bay, & from any towne, we could not see how our dwelling there would be advantagious to these plantations, or compatible with our conditions, or commodious for our familyes, or for our friends. "Nor can we satisfye ourselves that it is expedient, for ourselves, or for our friends, that we chuse such a condition, wherein we must be compelled to have our dwelling houses so farr distant from our Farmes, as Boston, or Charlestowne is from that place, few of our friends being able to beare the charge thereof (whose cases nevertheless we are bound to consider) & some of them that are able not being persuaded that it is lawfull for them to live continually from the greatest part of theyre familyes, as, in this case, they would be necessitated to doe. The season of the yeare, & other weighty considerations, compelled us to hasten to a full & finall conclusion, which we are, at * Records of the Colony of New Haven. + Trumbull's History of Connecticut. last, come unto, by God's appointment and direction, we hope in mercy, and have sent letters to Connectacutt for a speedy transacting the purchase of the parts about Quil lypieck from the Natives which may pretend title thereunto. By which Act we are Absolutely, & irrevocably ingaged that way, & we are persuaded that God will order it for good unto these plantations, whose love so abundantly, above our desarts, or expectac ons, expressed, in your desire of our abode in these parts, as we shall ever retaine in thanckfull memory, so we shall account ourselves thereby obliged to be any way instrumentall, & serviceable for the common good of these plantac ons as well as of those; which the Divine providence hath combined together in as strong a bond of Brotherly affection, by the sameness of theyre condition, as Joab and Abishai were, whose severall armyes did mutually strengthen them boath against several enimyes2 Sam. x. 9, 10, 11, or rather they are joyned together, as Hippocrates his Twinnes, to stand & fall, to growe & decay, to flourish & wither, to live and dye together. In witnes of the premises we subscribe our names. John Davenporte. John Davenporte. G The above is a fac simile of the hand-writing of Mr. Davenport and Gov. Eaton, subscribed to the preceding letter. New Haven lies at the head of a harbor, which sets up four miles from Long Island Sound; in north latitude 41° 18', and in west longitude 72° 56'; seventy six miles from New York, thirty four from Hartford, and one hundred and thirty four from Boston. It is the capital of a county of the same name, and the semi-capital of Connecticut. The site of New Haven is a plain, lying between two ranges of hills, on the east and on the west; and limited, partly, on the northern side, by two mountains, called the East and West Rocks; a spur from the latter, named Pine Rock, and another from the former, named Mill Rock, which descends in the form of a handsome hill to the northern skirt of the city. Between these mountains the plain opens into a valley, which extends northward seventy six miles, to Northampton; and between the East Rock, and the eastern range of hills, into another valley, terminating at Wethersfield, thirty two miles. Both these valleys coincide at the places specified, with the valleys of Connecticut river. The mountains are bold bluffs of greenstone rocks, with summits finely figured, and form a delightful part of the New Haven landscape. The harbor of New Haven is created by the confluence of three rivers with the Sound; Wallingford or Quinnipiac river on the east, Mill * Collections of the Massachusetts Historical Society, 3d vol. 3d series. river on the north, and West river. The two last are merely mill streams. Mill river is a very fine one, being plentifully supplied with water during the year. Wallingford river, originally called Quinnipiac, rises in Farmington, and after running a winding course of thirty five miles, empties its waters into the Sound. These streams are also ornaments of the landscape. Fort Hale, the most prominent object in the above view, is situated on an insulated rock, two miles from the end of Long Wharf. It is so named from Captain Nathan Hale, who sacrificed his life for his country in the Revolutionary war. The city of New Haven is seen in the distance, with the East and West Rocks, as they appear in sailing up the harbor. The harbor of New Haven, from the entrance of Wallingford and Mill rivers, has in the channel fifteen feet of water to its mouth, except on Crane's bar, a small spit of sand, formed by the erection of a pier, about three fourths of a mile from the shore. Here the depth is only seven and a half feet; but the obstruction might be removed with no great difficulty. At the time when the first settlers arrived in this town, there was in the northwestern region of this harbor, a sufficient depth of water for all the ordinary purposes of commerce. Ships were built and launched where now there are meadows, and gardens and shops: sloops loaded and unloaded where the market now stands. So late as the year 1765, the long wharf extended only twenty rods from the shore. It extends now three thousand nine hundred and forty three feet. Yet there is less water a few rods from its foot now, than at its termination in the year 1765. The substance which here accumulates so rapidly, is what in this country is called marsh mud; the material of which its salt marshes are composed. It has been suspected to be of a vegetable nature, and where the experiment has been tried, it has been found to be peat, and yields a tolerably good fire. The plain on which New Haven is built, is not improbably a congeries of particles, floated down to this place in early times from the inte |