In this situation of affairs, Hallam, assisted by the malcontents in England and America, preferred a complaint and petition to her majesty, queen Anne, representing, that the sachems of the Moheagan tribe of Indians were the original and chief proprietors of all the lands in the colony: That they were a great people, and had received and treated the first planters in a peaceable and friendly manner: That, for an inconsiderable value, they had granted their lands to them, reserving to themselves a small parcel only for planting ground; and that the general assembly of Connecticut had passed an act by which they had taken that from them, which, until that time, they had always enjoyed. For these reasons, it was prayed, that her majesty would appoint commissioners to examine into all these matters, and into all the other injuries and violences which had been done to the Moheagans, and to determine respecting them according to equity.

Her majesty, imposed upon and deceived by these representations, and not waiting to give the colony an opportunity to be heard, on the 19th of July, 1704, granted a commission to Joseph Dudley, Esq. the great enemy of the colony, Thomas Povey, Esq. lieutenant governor of Massachusetts, major Edward Palms, and others, to the number of twelve, authorizing them to hear and determine the whole affair, reserving liberty to either to appeal to her majesty in council.

At the session in May, a respectable committee was appointed, with ample powers, to examine into all the complaints of Owaneco and the Moheagan Indians, and to report to the assembly in October. The committee appointed time and place, and attempted to accomplish the business, for which they had been appointed; but captain Mason, whom Owaneco had chosen for his guardian, had art enough to frustrate the design. He made a journey to Boston, at the very time, and Owaneco would do nothing without him. In the mean time, the commission was granted by the queen, and the colony were unhappily drawn into a long and expensive controversy.

The Masons claimed the lands purchased by their ancestor, deputy governor John Mason, by virtue of a deed given to him by Uncas, in 1659, while he acted as agent of the colony, and denied the legality of the surrender which he had made of them, in the general assembly, the next year. They insisted, that it respected nothing more than the jurisdiction right, and that the title to the soil was vested in their family, as guardians or overseers of the Indians. While they pretended great concern for the Indians, their sole object was to hold all those lands, included in said deed, for themselves and others, who had united with them in prosecution of the affair against the colony.

Sir Henry Ashurst, wishing to preserve the important privileges of the colony, had taken pains to postpone the hearing of the

complaints against it, as far as possible, that the governor and company might have intelligence concerning them, and send their answer; but, on the 12th of February, 1705, the hearing came on, before her majesty in council. Governor Dudley and Lord Cornbury had spared no pains to carry their point before her majesty. Dudley had been careful to procure and lay before her an opinion of the attorney general, in king William's reign, "that he might send a governor to Connecticut." Further, to prepare the way for the decision which he wished, he procured another opinion of the attorney and solicitor general, respecting the case of Connecticut, as it then appeared, "that if it were as governor Dudley had represented, there was a defect in the government: That the colony was not able to defend itself, and in imminent danger of being possessed by the queen's enemies: And that, in such case, the queen might send a governor, for civil and military government; but not to alter the laws and customs."

Her majesty had directed Sir Henry to appear and show reasons, if any he had, why she should not appoint a governor over the colony. He considered every thing dear to it at stake, and therefore made exertions in some measure proportionate to the magnitude of the cause. Lord Paget, a man of great influence, was his brother by marriage, and he was related to, or intimately connected with other principal characters at court. He made all the interest, and obtained all the influence which he possibly could, either by himself or his connections, in favor of the colony. He obtained two of the best counsel in England; both parliament men, possessing an estate of a thousand pounds a year. He stood firm against all the charges of Dudley, lord Cornbury, Congreve, and others, against the colony, and by his counsel, for an hour and an half, defended it against all the art and intrigue of its adversaries, and all the law learning and eloquence of the attorney and solicitor general.1

As Connecticut was entirely ignorant of the charges brought against it, and no information or evidence could be thence obtained, Sir Henry and his counsel were necessitated to employ such means as were in their power. They amply stated the rights and privileges granted by the royal charter, the territory it conveyed, and the powers with which it vested the governor and company. They showed, that these patents were confirmed by a non obstante, and always to be construed in the most favorable light for the grantees. It was demonstrated, that the legislature were vested with ample powers to make laws, criminal and capital, as well as civil; to inflict banishment, death, and all other capital punishments, in all capital cases, no less than in others. It was also represented, that the governors, or commanders in chief, were, by charter, vested with plenary powers to assemble 1 Letter of Sir Henry Ashurst, February 15th, 1705, on file.

in martial array, and put in warlike posture the inhabitants of the colony, for their defence, and to commission others, for the like purposes. It was also clearly shown, that, by charter, they had the same right to fish, trade, and do all other business, and enjoy all other privileges, by land and sea, which any other of her majesty's subjects had a right to do, or enjoy. It was therefore, urged, that all those matters, charged against the colony, respecting their making capital laws, and inflicting capital punishments, whether death or banishment, were no crimes; but things which the legislature not only had a right, but were bound in faithfulness to do, as circumstances might require. For the same reason, it was also insisted, that the colonies claiming a right to command their own militia, and defeating the designs of the governors of the other colonies, who wished to command it, were no crimes. It was insisted, that doing them was no more than defending themselves in the enjoyment of their legal rights. With respect to the irregularity and injustice of the courts in Connecticut, it was observed, that general charges deserved no reply. That it did not appear, that what was charged was any thing more than mere hearsay and clamor. But it was pleaded, that, on the contrary, they had substantial evidence of the justice of the courts in Connecticut. That several appeals had been made, to her majesty, from the judgment of those courts: That these had been different cases, and in every instance, the judgments given by the courts in Connecticut, had been approved by her majesty, and the lords committee of council. This, it was said, was a notable evidence of their justice; and that, so far as appeared, there had been no injustice or irregularity in any one court in the colony.

With respect to governor Dudley's complaint, that Connecticut did not furnish the men which he demanded, and that of lord Cornbury, that it did not comply with his demands for money, it was answered, that it did not appear, from the charter, that the colony was obliged to comply with those requisitions: That the governors of other colonies had no right to command the legislature and people of Connecticut: and that they were under no obligations to obey them, any further than it should be required by her majesty. It was further observed, with respect to the money, that it appeared from his lordship's letter, that the general assembly of Connecticut had taken the requisition into their consideration, and had determined to know her majesty's pleasure, before they gave away their money. It was affirmed, that there was nothing disloyal in such a determination: That the colony had a right to grant, or not to grant their money, as they judged it expedient or not: That they had a right to know the purpose for which they granted it; and that their re

ferring it to her majesty's pleasure, was an implication of their obedience to it, whenever it should be known.

With reference to Connecticut's harboring deserters, malefactors, pirates, and the like, it was observed, that it was a general charge of little weight, and deserved no answer. It was affirmed to be a common thing, even in England, for soldiers and others to go from one country into another, and not to be found; yet it might not be any crime or fault of the country where they secreted themselves. As to captain Matthews finding two soldiers at Stamford, and sending for major Silleck to secure them, it did not appear that there was the least fault in the major. It was evident, from his lordship's letter, that he went to Stamford, that the soldiers were brought, and that, while the major and Matthews were conversing together, in a private room, they made their escape. It was said, it might be more the fault of Matthews than of Silleck; for it did not appear that Matthews was kept there by any force or constraint, but was examining into the affair, or talking generally upon the subject.

With relation to the complaint of lord Cornbury, in his letter of June, 1703, "that he labored under great misfortunes, in relation to the neighboring provinces: That the coast of Connecticut is opposite to two thirds of Long-Island; by which means they filled all that part of the island with European goods, cheaper than their merchants could, because they paid duties, and those of Connecticut paid none; nor would they be subject to the acts of navigation; by which means there had been no trade between the city of New-York and the east end of Long-Island, from whence the greatest part of the whale oil came; and that it was difficult to persuade those people that they belonged to that province," it was replied, that there appeared to be no fault in Connecticut in this respect. It was maintained, that the inhabitants had a right to trade where they pleased, if it were not repugnant to the laws of England. It also was pleaded, that there was no evidence, that they had been guilty of any illegal trade or practices; and that they were a poor people, and carried on little trade.

In a letter of the same date with the former, his lordship had observed, "that he was satisfied this vast continent, which might be made very useful to England, if right measures were taken, would never be so, till all the propriety and charter governments were brought under the crown." To this it was replied, that this might, or it might not be the case: that the same, as circumstances might be, might be said of all the charters in England. It was however insisted, that the words sounded harsh, and had an ill relish.

It was, however, much insisted on, that the attorney and solicitor general had reported, "that her majesty might appoint a

governor for Connecticut." To this, the counsel for the colony answered, that the report was hypothetical, founded on the supposition that the colony was not able to defend itself, and was in danger of falling into the hands of her majesty's enemies; but that there was no evidence of these facts. It did not appear, they said, that Connecticut was in a more defenceless state, or in greater danger of becoming a prey to her majesty's enemies, than any of the other colonies. It was pleaded, that the attorney and solicitor general had not reported, that either of these was the case, and therefore their opinion could not be made a plea for sending a governor to Connecticut.

Further, it was strenuously maintained, that it was an essential right of every individual and corporation, to be heard before they were condemned; and that the governor and company of Connecticut ought to be heard upon the articles exhibited against them, before any judgment be formed respecting them. It was observed, that governors, who, by enlarging their own territories, might increase their honors and profits, were apt to complain: that they were under peculiar temptations, especially at such a distance, where it was so difficult to make enquiry and obtain the truth: that there was more reason to suspect the governors complaining, than the governor of Connecticut, who acted with a council and an assembly. It was therefore affirmed, that there was every reason, that the colony should be heard in its own defence. If either the governor of New-England or New-York were impeached, and the same complaints made against them, said the counsel, which they have brought against Connecticut, her majesty would do nothing with respect to them, until they had been heard. It would be contrary to all law and reason; much more so, to treat a whole colony in this manner, in a case in which their charter might be forfeited, and their fortunes ruined. It was observed, that governors appointed during pleasure, often committed barbarous acts to enrich themselves; and that they had nothing to lose but their office; whereas the colony of Connecticut was of great substance, and had every thing to lose that even in ordinary cases, in which the character and property of one man only were concerned, nothing was determined, but upon sufficient evidence, given upon oath, and that it could never be reasonable to condemn a colony upon mere suggestions: that it might appear, upon a full examination, that the governor of Connecticut was much better qualified to govern, than the governor of New-York or Massachusetts. It was therefore pleaded, that the articles of complaint might be sent to the governor and company of Connecticut, and that they might have an opportunity to answer for themselves: that there could be no danger in this; and if any irregularities should be found,