AN ACCOUNT OF Several Passages and Letters between his Excellency Benjamin Fletcher, Captain General and Governour in Chief of the Province of New-York, Province of Pennsilvania, Country of New-Castle, &c. Commissionated by their Majesties under the great Seal of England, to be their Lieut. and Commander in chief of the Militia, and of all the Forces by Sea and Land within their Majesties Collony of Connecticut, and of all the Forts and places of Strength within the same. AND The present Administrators of the Laws in the Collony of CONNECTICUT, in the Month of October, 1693.
On the 13th of October, his Excellency departed from New-York, towards Connecticut, in order to the Publication of their Majesties Letters Patents for, and taking upon him the Command of the Militia in that Collony.
The 14th day he arrived at Millford Bay, and writ this Letter from on board, to Governour Treat at Millford
IN Obedience to their Majesties Commission, directed to me for the Command of their Militia of the Collony of Connecticut, I am come to publish the same, and to take that Trust upon me: and in the first place have thought fit to communicate their Majesties Royal Pleasure to you, as a Person that has acted in chief Rank of the Government, and discharged that Trust with a sair Reputation: I have sent this Gentleman their Majesties Secretary for the Province of New-York, to acquaint you with what may be further said upon this occasion, and to desire your directions, how I may best steer my self for the publishing of their Majesties Commands, to render them most effectual for the present Service.
Hereunto his Excellency received no Answer.
[Page 2] The 15th day his Excellency arrived at New-Haven, and [...] Horses not coming, on the 17th he wrote this following Letter to the Governor and General Court of Connecticut, sitting at Hartford.
I Landed at this place some-what late Sabbath day at night; my Horses and other conveniences being aboard another Sloop, and not yet come up, has detained me longer here than I designed or desired: Being informed your General Court is now sitting, I am willing to communicate their Majesties Command to you while you are together, conceiving it will most conduce to their Majesties service, and therefore I desire you will not adjourn your selves till I can come up to Hartford, which shall be without loss of time, so soon as my Horses arrive, which I hourly expect. I am, Gentlemen,
To which Letter his Excellency had this Answer.
Your Letter of the 17th Instant, at one of the Clock in the afternoon, about 2 of the Clock this Morning came to our Governours hand, who hath acquainted us with the Receipt of yours, and of the occasion which hath detained your Excellency longer in those parts than you desired or designed; as also, that your Excellency desires that we would not adjourn our selves till you can come up to Hartford. In answer to which your Excellency may be pleased by these to be informed, That our general Court hath been together upon [...] Majesties service ever since Thursday last, and are about dispatching the Affairs under hand, as we may, but shall not break up till Fryday next, and shall be ready to wait upon your Excellency in General Court, to hear or receive from you what you have to acquaint us with, that may be for their Majesties Service and the publick good of their Subjects. Which with Respects and Service to your Excellency, is all at present from your humble Servants, The Governour and General Court of their Majesties Collony of Connecticut. By their Order, signed by me.
The same day his Excellency wrote to them as followeth.
THis day about 10 a clock I had the favour of yours. Finding the wind continue Northerly, I can get no news of my Horses, so [...] I cannot propose getting up to Hartford tomorrow. I therefore [Page 3] desire that you will please to adjourn to this place, where a very short [...] will allow me to lay before you such things as I have to offer for their Majesties service. I am, Gentlemen, Your humble Servant,
And in Answer to that Letter his Excellency had this Return.
Yours of the 19th instant we have received, and in answer thereunto we return, We cannot, under our present Circumstances, adjourn to New-Haven, and have chose rather, (tho' we have waited several days to attend your Excellency in General Court) to resolve to continue our general Court by adjournment till Tuesday next about ten of the clock. Which is all the needful at present from your humble Servants, The Governour and general Court. By their Order, signed by me,
His Excellency departed from New-Haven the 22th day in the Evening, and lodged at Wallingford that night.
The 23d day he arrived at Hartford. The next morning he went to the General Court then sitting, there published their Majesties Letters Patents, and left with them the following Memorial.
A Memorial to the Governour and General Court for the Collony of Connecticut, sitting at Hartford, October 24. 1693.
BEnjamin Fletcher their Majesties Capt. General and Governour in chief in and over their Majesties Provinces of New-York, Pennsilvania, &c.Gives in this Memorial, to which he desires a Reply, without loss of time, their Majesties Service calling [...] his immediate Repair to the Fronteers, &c.
He says, being come into this Collony with their Majesties Commission under their great Seal of England, to act as their Lieutenant and Commander in chief of the Militia, and of all the Forces by Sea and Land within their Majesties Collony of Connecticut, and of all the Forts and places of Strength within the same. Which Commission he does here produce, and expect a ready Complyance to it, from all their Majesties loving Subjects, that he may proceed to the execution of that Trust.
Coll. Bayard and Secretary [...] were sent with this following Message.
WE are come from the General to acquaint you, that just now he received an Express, with Letters from Albany, which give him [Page 4] an account of the weakness of that Garrison, and the growing strength [...] Enemy.
We are further to acquaint you, That these delays of yours do very much hinder the necessary Affairs of their Majesties here: His Excellency has no directions nor instructions from the King to make any applications to your selves; he has not publisht his Commission until he did it in this Court; nor could he suppose, neither will it be believed in England that an English Collony should deny the Rights of their Protestant King.
The Letters from Albany do still intimate, That they are apprehensive that they will be attacked by the Enemy, and if that Post should be lost for want of your Complyance to their Majesties Commission, you may be sensible of what dangerous [...] the same would be to your selves.
The Jarseys are under the same Circumstances with your selves, in respect of their Charter, yet have willingly submitted to the Kings pleasure and Right of the Millitia, who are commanded by his Excellency; the Governour of that Collony acts there without the least interruption: He calls Assemblies, makes Laws, raises Money, ordains and keeps Courts, only commands the Militia under his Excellency, who has not altered one single Officer in that Collony.
Gentlemen, We are to conclude with the last thing his Excellency gave us in charge, That the fatal Consequences of your Proceedures, as it appears to his Excellency, will be repented by you and your Posterity when 'tis too late: You are the only People in all the Kings Dominions that will venture to dispute with our King, who is a Souldier, concerning that inherent Right of the Militia, settled upon the Crown by several Acts of Parliament, and cannot be aliened nor demised.
The 26th day his Excellency received the following Paper from the General Court.
IN Return to your Excellency's Demands of the Militia, of us their Majesties general Court of their Collony of Connecticut, We say, That finding in your Excellency's Commission no express superseding of the Commission of the Militia in our Charter, nor no Order to us from their Majesties to surrender the same; and being sensible of the great Importance of this matter, and finding it in several main things which do need a particular Explication and Settlement, as we shall, God willing, manifest to their Majesties, cannot but conceive it our Duty, both with respect to their Majesties Service, and our own Peace and Preservation in this time of War, to continue the Militia as formerly, till by our Agent now sent for England, we shall receive farther Orders from their Majesties.
[Page 5] And [...] Obedience to their Majesties gracious Letters, of March the 3d. 1692. We shall be ready upon all just occasions, to yeild Assistance to his Excellency Coll. Benjamin Fletcher, Esq his Majesties Captain General and Governour of New York, &c. and to the Commander there in Chief for the time being for the Defence of the said Province against the common Enemy, according to our Ability, and in proportion with our Neighbouring Collonies and Provinces, altho' we have already been out above five Thousand Pounds for the defending our Neighbours of Albany [...] the War began, besides the loss of [...] And further, this Court does see reason to grant the sum of six hundred Pounds in Country Pay, out of our Country Rat [...], towards the Charge of maintaining the Garrison at Albany, onward of [...] be our Proportion of that Charge, in Obedience to Their Majesties Letter of the 3d of March last. By Order of the Governour and General Court of Connecticut, signed by,
And about two hours [...] Excellency made this Return by Coll. Bayard.
I Have received your Paper, which [...] no Answer to my Memorial; for I do not demand the Militia from you, knowing very well, as you your selves do, That you have no right to it, it being settled on the Kings and Queens of England and their Successors, by several Acts of Parliament, and by no Power on Earth can be demised from the present [...] of the Crown. But I have, in tender regard to this English Collony given it my Memorial to you, the present Administrators of the Government here, in expectation of your ready Compliance to their Majesties Patent, and your Assistance to me, being a stranger in those parts, for the more speedy and effectual execution of that lawful Commission, which is granted in Grace by their Majesties, as well for your Security and Defence, [...] the Assertion of their own Right, and this has [...] of their Dominions found a Rub or Contest.
I do therefore in their Majesties [...] Commission, as you will answer the Consequences that will [...] and expect [...] Reply in one of these two words, Yes, or No
By his Excellency Benjamin Fletcher, Their Majesties [...] and Commander in Chief of the Militia and of all the Forces by Sea and Land within their Majesties Collony of Connecticut, and of all the Forts and places of strength within the same.
Coll. Bayard had also in Charge to deliver this Message.
I Am further to tell you from hi Excellency, the General, That he is resolved to put their Majesties Commission in Execution, and immediately [...] forth Prooclamation, shewing the method he has taken for the ease and satisfaction of their Majesties Subjects in this Collony, leaving the Militia in the same hands he found it. And I am also directed by his Excellency to make you, Governour [...] [Page 6] tender of a Commission from him, for the Command of all the Militia in this Collony. And also to acquaint this Court, That his Excellency has neither Power nor Intention to invade any of their Civil Rights, but that all things may run in the same Channel, with [...] alteration, but only your acknowledging the Power of the Militia an inherent Right in their Majesties.
And I may assure you from his Excellency, That he will not set a foot out of this Collony till he sees an Obedience paid to this Commission, by all such as are Loyal subjects to their Majesties, and will distinguish the rest.
Coll. Bayard returning from the General Court, [...]c. acquainted his Excellency That they desired a Copy of their Majesties Letters Patents, and that they promised to make a speedy Reply to his Excellency's Answer sent by the aforesaid Coll. Bayard.
His Excellency ordered Coll. Bayard and Secretary Clarkson immediately to carry the Original Patent to the General Court, and to leave it with them for their perusal, and withal to require them to cause it to be entred in the Publick Records of this Collony. Which Message was accordingly performed. Whereupon Secretary Allyn made answer, That it could not be done whilst the Court was sitting; but seemed to be willing to do the same after the Court should be broke up; and then promised to return the Original to his Excellency.
In the Evening, the following Paper was sent to his Excellency from the General Court.
Yours of October 26. we have received, wherein your Excellency tells us, That you have received our Paper, which is no answer to your Memorial, &c, We have duly considered what we have received from your Excellency, and do return, That we have [...] [...] Answer to your Memorial, fully informed your Excellency of our Opinion of those things you mentioned to us therein, which you may please to take as our Answer. Yet further, we say, That we agree with your Excellency, That the Inherent Right in the Militia belongs to their Majesties, and that it is at his dispose, and hath been settled upon us under the great Seal of England, and enjoyed by us the two last Reigns, and ever since our present Soveraign Lord and Lady, King William and Queen Mary, (whom God preserve) came to the Crown; and lately, we receiv'd some directions from them, in order to the [...] of the same, which we shall attend; and therefore our desire is, That you would not interrupt us in our enjoyment of the same, till we have opportunity to understand their Majesties further Pleasure therein; which we trust will be no prejudice their Majesties Interest, and may be a good means to prevent future Inconveniencies.
And the next day this following Memorial.
WE have, in our former to your Excellency, tendered you Six Hundred Pounds in Country pay, out of our Rate, towards the charge of maintaining the Garrison at Albany, onward of what shall be our Proportion of that Charge. We desire your Excellency's Answer, whether that be acceptable to you. But if you judge it more for Their Majesties Service to have Men, we shall raise about fifty Men to assist in Garrisoning Albany, who we shall raise and send forth with what speed we may, to continue there t [...] the Spring, to the end of March, or first of April next. We crave your Excellency's Answer, who are, Your Humble Servants, The Governour and General Court of Connecticut.
To which his Excellency made this Answer.
His Excellency's Answer to the Memorial of the Governour and general Court of Connecticut Collony, the 27 of October, 1693.
I Have your Memorial of this day before me, and in answer thereto I thik [...] to tell you, I am Their Majesties Lieutenant and Commander in Chief of all the Military Forces in this Collony. And that by my Commission, [...] in your General Court, all other Military Commissions are [...], and actually void. When you think fit to acknowledge the Power of this Patent, which has never [...]ound a Dispute by any of their Majesties Subjects in any part of their Dominions, I shall then readily proceed to consult which you o [...] such Methods, for the settling the Militia here, as may be most for the case of Their Majesties Subjects, and the Security and Safety of the Fronteers of Albany, and this Collony. In the mean time I conceive my [...] obliged to pursue the Execution of their Majesties Letters Patents, to me directed, [...] I find an open Violation of their Majesties Right by Force of Arms.
By Commands of their Majesties Lieutenant and Commander in Chief of the Military Forces in this Collony,
Upon the delivery of the above Memorial, the general Court dispersed, and returned no Answer.
During his Excellency's stay at Hartford he had twice Conference with Governour Treat, Secretary Allyn, Mr. Pitkin and Mr. Stanley, who attended his Excellency at his Lodging. His Excellency having heard what they had to say, answered their several Arguments, in particular to their Allegations, That they had enjoyed their Militia the two last Reigns, and [...] their present Majesties came to the Crown, said,
[Page 8] Gentlemen You cannot say you had the Power of the [...] in the late Reign, Sir Edmund Andr [...] being received and owned your Governour, from whom you received Commissions, under him you acted, and swore Allegiance to that Government.
Nor can you truly say, you had the Rower of your Militia under their present Majesties, Sir William [...] having a Commission under the great Seal for that Trust, which is superseded and nulled by express words in this Commission to me.
And then concluded thus:
You are permitted by your Charter, in case of eminent Danger, to arm and array the Subjects of this Collony, but I do not find you are impowered to give Commissions and keep up a standing Militia.
I do therefore require you, Coll. Treat, to give Obedience to this Commission, and I do tender you the [...] Command of all the Militia in this Collony, under my self.
Then his Excellency published his Proclamation.
Printed and Sold by William Bradford, Printer to [...] Majesties, King William and Queen Mary, at the Bi [...] in New-York, 1693.