The general court ordered a letter to be addressed to the governor of Massachusetts, once more desiring him and that colony amicably to join with Connecticut in running the partition line between the two colonies. William Pitkin, Esq. Mr. Samuel Chester, and captain William Whiting, were appointed a committee to run the line. They had instructions to begin, according to the express words of the patent of Massachusetts, three miles south of every part of Charles river, and thence to run to the westernmost bounds of Symsbury.

Colonel Benjamin Fletcher, governor of New-York, who had arrived at the seat of his government, August 29th, 1692, had received a commission entirely inconsistent with the charter rights and safety of the colonies. He was vested with plenary powers of commanding the whole militia of Connecticut and the neighboring provinces. He insisted on the command of the militia of Connecticut. As this was expressly given to the colony, by charter, the legislature would not submit to his requisition. They, however, judged it expedient to refer it to the freemen, whether they would address a petition to his majesty, praying for the continuance of the militia in the power of the colony, according to their charter, and for the continuance and preservation of all their chartered rights and privileges. There were 2,180 persons, or suffrages for addressing his majesty, and the freemen declared, that they would bear their proportionable charge with the rest of the colony, in prosecuting the affair to a final issue.

At a special assembly, September 1st, 1693, the court appointed a petition to be drafted, to be presented to his majesty, king William, on the subject. Major-general Fitz John Winthrop was appointed agent to present the petition, and employ his best endeavours for the confirmation of all the chartered privileges of the colony. He was desired, as soon as possible, to take his passage to England, and, upon his arrival there, to lay the business, as expeditiously as might be, before his majesty, and prosecute the af fair to an issue, with all convenient dispatch.

He was instructed to make a full representation of the great hardships, expense, and dangers of the inhabitants, in planting and defending the colony; and that these had been borne wholly by themselves, without any assistance from the parent country: That it would endanger and ruin the colony, if the militia should be taken from it, and commanded by strangers at the distance of New-York and Boston: That it would wholly incapacitate them to defend themselves, their wives, and children: That before they could obtain instructions, from such a distance, upon any sudden emergency, the colony might be depopulated and ruined: That a stranger, at a distance, might not agree with the governor and council in employing the militia for the defence of the property, lives, and liberties of the subjects; and that the life and support of

the laws, and the very existence of their civil constitution depended on the militia. He was also instructed further to represent the state of the militia of Connecticut, with respect to its difference from that of the militia of England: That, from the scattered state and small number of the inhabitants, it had been necessary, that all males, from sixteen years of age, should belong to the militia, and be made soldiers, so that if the militia were taken from the colony, there would be none left but magistrates, ministers, physicians, aged and infirm people, to defend their extensive sea coasts and frontiers; and that giving the command of the militia to the governor of another colony, was, in effect, to put their persons, interests, and liberties entirely into his power. The agent was, also, directed to represent the entire satisfaction of the colony with the present government, and the great advantages resulting from it: That giving the command of the militia to the governor of another province, would exceedingly endanger, if not entirely destroy, that general contentment, and all the advantages thence arising to his majesty and his subjects: That out of three thousand freemen in the colony, two thousand and two hundred actually met, and gave their suffrages for the present address; and that the greatest part of the other eight hundred were for it, but were, by their particular occasions, prevented from attending at the respective meetings, when the suffrages were taken: That the inhabitants were universally for the revolution; and that, in the whole colony, there were not more than four or five malcontents. The agent was charged to assure his majesty, that the militia should be improved with the utmost prudence and faithfulness, for his majesty's service, in the defence of the frontiers of Massachusetts and New-York; and to lay before him what the colony had already done; especially for the province of New-York, in their late distressed condition: That for its defence, and the securing of the five nations, in his majesty's interest, they had expended more than three thousand pounds, and lost a number of their men. Further, general Winthrop was directed, so far as might be judged expedient, to plead the rights granted in the charter, especially that of commanding the militia, and the common usage, ever since the grant of the charter, for a long course of years.

Sir William Phipps, governor of Massachusetts, had, on his appointment to that office, received a commission of the same tenor of governor Fletcher's. As the colony had not fully complied with his requisitions, it was expected that the agent would be interrogated upon that head. He was instructed, in that case, to reply, that Sir William never came into the colony, nor acted upon his commission, any further, than to give a copy of it, and to inquire who were the officers of the militia: That the governor and company had a prior commission, by charter, and that they could by

no means give it up, until the affair had been laid before his majesty.

The colony wished to serve his majesty's interest, and, as far as possible, consistently with their chartered rights, to maintain a good understanding with governor Fletcher. William Pitkin, Esq. was, therefore, sent to New-York, to treat and make terms with him respecting the militia, until his majesty's pleasure should be further known. But no terms could be made with him short of an explicit submission of the militia to his command.

On the 26th of October, he came to Hartford, while the assembly were sitting, and, in his majesty's name, demanded their submission of the militia to his command, as they would answer it to his majesty; and that they would give him a speedy answer in one word, Yes, or No. He subscribed himself his majesty's lieutenant, and commander in chief of the militia, and of all the forces by sea or land, and of all the forts and places of strength in the colony of Connecticut. He ordered the militia of Hartford under arms, that he might beat up for volunteers. It was judged expedient to call the trainbands in Hartford together; but the assembly insisted, that the command of the militia was expressly vested, by charter, in the governor and company; and that they could, by no means, consistently with their just rights and the common safety, resign it into any other hands. They insinuated, that his demands were an invasion of their essential privileges, and subversive of their constitution.

Upon this, colonel Bayard, by his excellency's command, sent a letter into the assembly, declaring, that his excellency had no design upon the civil rights of the colony; but would leave them, in all respects, as he found them. In the name of his excellency, he tendered a commission to governor Treat, empowering him to command the militia of the colony. He declared, that his excellency insisted, that they should acknowledge it an essential right, inherent in his majesty, to command the militia; and that he was determined not to set his foot out of the colony until he had seen his majesty's commission obeyed: That he would issue his proclamation, showing the means he had taken to give ease and satisfaction to his majesty's subjects of Connecticut, and that he would distinguish the disloyal from the rest.2

The assembly, nevertheless, would not give up the command of the militia; nor would governor Treat receive a commission from colonel Fletcher.

The trainbands of Hartford assembled, and, as the tradition is, while captain Wadsworth, the senior officer, was walking in front of the companies, and exercising the soldiers, colonel Fletcher ordered his commission and instructions to be read. Captain Wadsworth instantly commanded, "Beat the drums;" and there

1 Governor Fletcher's letter, on file. * Colonel Bayard's letter on file.

was such a roaring of them that nothing else could be heard. Colonel Fletcher commanded silence. But no sooner had Bayard made an attempt to read again, than Wadsworth commands, "Drum, drum, I say." The drummers understood their business, and instantly beat up with all the art and life of which they were masters. "Silence, silence," says the colonel. No sooner was there a pause, than Wadsworth speaks with great earnestness, "Drum, drum, I say;" and turning to his excellency, said, “If I am interrupted again I will make the sun shine through you in a moment." He spoke with such energy in his voice and meaning in his countenance, that no further attempts were made to read or enlist men. Such numbers of people collected together, and their spirits appeared so high, that the governor and his suit judged it expedient, soon to leave the town and return to NewYork.

The assembly granted 500 pounds, to support major general Winthrop in his agency at the court of Great-Britain.

On the 7th of February, 1694, a special assembly was called, in consequence of a letter from king William relative to the fortifying of Albany. In compliance with his majesty's requisition, the assembly granted 600 pounds, to be paid into the hands of colonel Fletcher, for the defence of Albany. A rate of one penny on the pound was levied to raise the money.1

For the defence of the plantations in New-York, and the towns upon the river, in the county of Hampshire, the assembly ordered, that the commissioned officers, who were the nearest to the places, which should, at any time, be attacked, should dispatch immediate succours to them. Provision was also made that the several detachments of the militia should be furnished with all articles necessary for their marching, in any emergency, upon the shortest notice.

Major general Winthrop made a safe arrival in England, and presented the petition, with which he had been entrusted, to his majesty. A statement of the case of Connecticut was drawn and laid before the king. In this, besides the facts stated in the instructions of Mr. Winthrop, it was alleged, that in the charter, granted by king Charles, the command of the militia was, in the most express and ample manner, given to the colony; and that the governor had always commanded it for the common safety: That in the charter there was a clause for the most beneficial construction of it for the corporation; and another of non obstante to all statutes repugnant to said grant. It was stated, that whoever commanded the persons in a colony would also command their purse, and be the governor of the colony: That there was such onnection between the civil authority and the command of the

e ratable polls in the colony were, at this time, about 2,347, and the grand 7,646.

militia, that one could not subsist without the other: That it was designed to govern the colonies, in America, as nearly as might be, in conformity to the laws of England. And that the king and his lieutenants could not draw out all the militia of a county; but a certain part only, in proportion to its numbers and wealth. It was therefore pleaded, that governor Fletcher's commission ought to be construed with the same restriction: That were not the command of the king and his lieutenants restricted, by acts of parliament, the subjects could not be free; and that, for the same reason, governor Fletcher's command ought to be restrained, by the laws of Connecticut, so far as they were not repugnant to the laws of England. It was further stated, that it was impossible for governor Fletcher so well to judge of the dispositions and abilities of each town and division in Connecticut, or be so much master of the affections of the people, in time of need, as those who dwelt among them and had been chosen to command them; and therefore he could not be so well qualified for the local and ordinary command of the militia; nor serve the interests of his majesty, or the colony, in that respect, so satisfactorily and effectually as its own officers.1

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

Upon the solicitations of governor Fletcher and Sir William Phipps, agents and a number of troops were sent to attend a treaty with the Five Nations. The expense of it to the colony was about 400 pounds.

A committee was appointed again, in the May session, to run the partition line between Connecticut and Massachusetts. Massachusetts was invited to join with them, but as the court refused, the committee of Connecticut, by the direction of the assembly, ran the line without them. In October, 1695, the general assembly renewed their application to the general court of Massachusetts, intreating them to unite amicably in running the boundary line, or to agree to it, as it had been run by Connecticut. They acquainted them how it ran, what encroachments they had made upon the colony, and how they injured it, by declining a mutual and friendly settlement of the line. However they insisted upon the old line, run by Woodward and Saffery, and would take no measures to accommodate the difference.

At the court of election, May, 1696, Eleazar Kimberly was ? Appendix No. XXIV.

'Statement on file.